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REMINDER TO OUR FOLKS ON ZOOM THAT PLEASE KEEP YOUR MIC MUTED UNTIL[ TOWN OF GREENBURGH PLANNING BOARD AGENDA MONDAY, JULY 1, 2024 – 7:00 P.M. Meetings of the Planning Board will be adjourned at 10:00 p.m. ]
CALLED UPON TO SPEAK.GOOD EVENING, LADIES AND GENTLEMEN, AND WELCOME TO THE JULY 1ST.
I CAN'T BELIEVE IT'S JULY 1ST ALREADY 2024.
MEETING AGAIN, THE SECOND ONE IN A ROW.
UM, WE, UH, DID NOT WANNA MEET, UH, THE DAY BEFORE JULY 4TH.
THAT'S WHY, WHY THE LAST ONE WAS 'CAUSE OF JUNETEENTH.
SO THAT'S WHY, UH, MR. SCHMIDT, PLEASE CALL THE ROLL.
TROOPERS AND SCHWARTZ PRESENT.
OUR ALTERNATE MS. SPARKS HERE.
MR. GOLDEN WON'T BE PRESENT THIS EVENING, AND THEREFORE MS. SPARKS WILL BE A VOTING MEMBER THIS EVENING.
DID ANYBODY HAVE ANY COMMENTS ON THE MINUTES? I, I HAVE.
ON THE BEACH FOUR, I THINK, UH, PAGE FOUR.
WE ARE ON PAGE FOUR, CORRECT? UH, SOMEWHERE, SOMEWHERE, SOMEWHERE, SOMEWHERE ON PAGE FOUR.
THE LAST PART? NO, THE, UH, NO, IT'S A GENERAL COMMENT.
UH, I MAY, BECAUSE I WAS ON A ZOOM, SO MAYBE YOU DID NOT REALLY CATCH IT.
BUT I, UH, KIND OF MADE A COMMENT ON THE, UH, LOCATION, UH, WAS A, IT'S A WRONG LOCATION AND, UH, UH, LOCATION AND, AND, AND THE, AND THE FINDING OF, AND, AND THE APPLICANT COULDN'T FIND A, TO, UH, MITIGATE THE ZONING BOARD'S REQUIREMENT IS A, IS UPON PROOF THAT IT'S PROBABLY A WRONG PLACE TO DO THIS, UH, PROJECT IN ANY CASE, REGARDLESS OF, UH, UH, I THINK, UH, YOU CAN, YOU CAN SORT OF, UH, SO THAT'S INCORRECT.
THAT'S CORRECT'S COMMENT, BUT IT WAS, IT WAS MY COMMENT AND, OKAY.
THAT TESTIFIED ME TO STAY EPSTEIN ON MY YOU DIDN'T NEED ANY JUSTIFICATION FOR YOUR WORDS? NO, IT WAS, NO, I DON'T ARBITRARY ANYTHING ELSE.
I DON'T WANNA BE ARBITRARY OR CAPRICIOUS.
AS YOU LOOK AT AMANDA AND SHE'S GOING, THAT'S RIGHT.
ANYBODY ELSE HAVE ANY COMMENTS? CAN I HAVE A MOTION TO ACCEPT THE MINUTES AS AMENDED THEN? SO, MOVE.
TOM, DO I HAVE A SECOND, PLEASE? SECOND.
THERE WERE THE MOST OF THE CORRESPONDENCE, UNLESS SOMETHING ELSE CAME IN THIS AFTERNOON, IT RELATES TO A CASE THAT WE'RE GOING TO HEAR TONIGHT IN PUBLIC HEARING.
UM, HOWEVER, THERE IS SOMETHING THAT WE DO WANT TO DISCUSS, AND I NEED TO UNFORTUNATELY NEED TO GIVE YOU AN EXPLANATION FIRST.
AND IT'LL, THIS WILL PROBABLY PUT US BACK ABOUT, UH, 30 MINUTES TONIGHT.
I'M HOPING WE CAN DO THIS IN 30 MINUTES.
I THINK WE CAN, UM, ABOUT STARTING IN ABOUT FEBRUARY AND, AND THERE'LL BE MORE DETAIL.
THERE WAS A QUESTION ABOUT CONFLICT OF INTEREST THAT CAME UP WITH, UH, ACTUALLY THREE, MAYBE EVEN FOUR.
SHE WASN'T MENTIONED AISHA, BUT IT'S ME, WALTER, AND JOHAN IN PARTICULAR.
BUT AISHA IS ALSO PART OF THIS, A CONFLICT OF INTEREST AS A RESULT OF OUR ROLES ON THE, ON THE, UH, VLI, WHICH IS A ORGANIZATION 5 0 1 C3 INDEPENDENT OF THE TOWN THAT WAS SET UP ONLY TO, UH, FACILITATE FINANCING OF AFFORDABLE HOUSING.
WE EVENTUALLY WENT TO THE, UH, ETHICS BOARD, UH, JOHANN AND I DID TO SEEK AN OPINION OF THE ETHICS BOARD TO MAKE SURE THAT WE'RE OKAY.
THE ETHICS BOARD JUST TODAY SENT OUT THE DRAFT OPINION ON THAT, WHICH, UH, WE ALREADY KNEW WHAT THE ANSWER WAS.
IT WOULD'VE BEEN EARLIER EXCEPT THEY WERE SHORT TO BOARD MEMBERS AND COULDN'T HAVE A QUORUM IN JUNE.
SO THE, UH, THE DRAFT DECISION CAME OUT TODAY.
IT WILL BE VOTED ORDER ON JULY 18TH, WHICH BASICALLY SAYS AS LONG AS WE RECUSE OURSELVES THAT THERE IS NO CON FROM ANYTHING DIRECTLY RELATED TO THAT PROJECT, THAT WE'RE FINE.
OKAY? AND WE WILLED, WE HAVE PROMISED TO THE ETHICS BOARD, AND WE PROMISED THIS BOARD THAT OF COURSE WE WOULD DO THAT.
THAT WAS NEVER A QUESTION IN PART, JUST FOR THE RECORD, THIS IS A INDEPENDENT COMP, INDEPENDENT CORPORATION, NOT PART OF THE TOWN OF GREENBURG.
IT HAS TO BE, UH, FOR US TO FACILITATE THE GRANTS THAT WE GET FROM THE STATE FOR AFFORDABLE HOUSING, STATE AND COUNTY.
THAT'S THE ONLY WAY AFFORDABLE HOUSING WORKS, IS WITH THOSE GRANTS.
UH, NEITHER NONE OF US ARE RECEIVING ANY RENUMERATION.
I ACTUALLY, IT'S DOUBLE WHAT I, WHAT I MAKE ON, ON THE PLANNING BOARD
UM, BUT, UM, HOPEFULLY NOT DOUBLE WHAT I MAKE ON OTHER THINGS, BUT DOUBLE I MAKE ON THE PLANNING BOARD.
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RECONSIDER THAT POSITION.BUT AS LONG AS WE'RE IN THIS POSITION AS VOLUNTEER RUNNING THIS, AND THERE IS NOTHING BEFORE OUR BOARD, THERE IS NO CONFLICT ACCORDING TO THAT.
UNFORTUNATELY, FOR SOME REASON, SOMEONE WE DON'T KNOW WHO MEMBER OF, OF THE TOWN BOARD OR MEMBERS OF THE TOWN BOARD TOOK IT UPON THEMSELVES TO PRIOR TO THIS, THIS, EVEN THE, UM, DRAFT DECISION COMING OUT, ALTHOUGH THEY WERE VERY AWARE OF WHAT THE DECISION WAS GOING TO BE AT A, UH, EXECUTIVE SESSION WORK SESSION.
IT WASN'T EVEN A PUBLIC WORK SESSION, DECIDED TO PUT TOGETHER AN AMENDMENT THAT WOULD, UH, WOULD ACTUALLY AMENDMENT OR RESOLUTION, I'M SORRY, RESOLUTION, THANK YOU TO OVERTURN WHAT THE ETHICS BOARD SAID.
AND IN FACT, BEYOND THAT WAS SO BROAD AND VAGUE, IT COULD ACTUALLY IMPACT SIX OF US ON THIS BOARD AS WELL AS NUMEROUS PEOPLE ON OTHER BOARDS BECAUSE IT'S OPEN FOR INTERPRETATION.
IT DIDN'T HAVE ANY DEFINITION IN AT ALL.
AND THE RESOLUTION DOES NOT REQUIRE ANY PUBLIC SCRUTINY.
SO IT WOULD'VE COULD'VE GONE FORWARD.
UM, PAUL TAB GOT IT TABLED AND MOVED TO THE JULY 10TH.
I GOT A CALL THIS EVENING THAT, THAT IT'S, UH, UH, THE ETHICS BOARD SENT A LETTER TONIGHT, THE CHAIR OF THE ETHICS BOARD TO THE, TODAY, TO THE, UH, TOWN BOARD REQUESTING IT BE TAKEN OFF UNTIL THE, UH, UNTIL THE, UH, ETHICS DECISION IS OUT SO THAT THEY CAN CONSIDER THIS BEFORE THEY CONSIDER THAT RESOLUTION.
AND, UH, PAUL HAS REQUESTED, I KNOW THAT IT BE TAKEN OFF THE AGENDA UNTIL THAT DATE, BUT, UH, THERE HAS NOT, WAS NOT A RESOLUTION IN TODAY'S WORK SESSION.
THE REASON WE'RE MEETING TONIGHT IS BECAUSE IT DOES HAVE A, AN IMPACT ON THIS BOARD AND OTHER BOARDS.
THE REASON IT'S IN PUBLIC AND HERE IS WE COULD NOT HAVE THIS DISCUSSION WITH MORE THAN THREE OF US WITHOUT HAVING A PUBLIC MEETING.
UH, THAT WOULD BE AGAINST THE OPEN MEETINGS LAW.
THE REASON IT'S NOT AN EXECUTIVE SESSION, THERE'S REALLY NOTHING THAT WE'RE GONNA DISCUSS TONIGHT THAT IS A PERSONNEL ISSUE OR A LEGAL ISSUE, SO TO SPEAK.
SO IT'S SOMETHING THAT HAS TO BE DONE IN PUBLIC.
UM, THAT'S WHY WE'RE HERE TONIGHT.
UH, JOHANN, DO YOU WANT TO GO THROUGH, UM, JUST TO, I KNOW, BY THE WAY, I KNOW EVERYBODY GOT A LETTER THAT WAS DRAFTED, UH, BY JOHANN AND, AND REVIEWED BY BOTH WALTER AND I TODAY, UH, THAT WE WILL BE DISCUSSING AFTER WE JUST GO THROUGH A LITTLE BACKGROUND.
'CAUSE IT'S HARD FOR YOU PEOPLE.
WE THOUGHT IT WAS OVER AFTER THE ETHICS BOARD.
THERE WAS NOTHING TO CHEER ABOUT.
WE'RE JUST RELIEVED THAT WE GO ON DOING THE TWO THINGS THAT WE LOVE, WHICH IS BEING HERE.
BUT IN TERMS OF THE TOWN THAT, AND TRYING TO, TRYING TO GET AFFORDABLE HOUSING IN INTO GREENBURG, THOSE ARE THE TWO THINGS WE, WE REALLY, YOU KNOW, LOOK FORWARD TO DOING AND HAVE PUT A LOT OF, WE HAVE ALL PUT A LOT OF TIME INTO THAT, AND WE WERE HAPPY THEY'RE ABLE TO, TO DO IT, UH, UNDER THE CER UNDER WHAT THE ETHICS BOARD SAID.
SO WE WERE VERY DISAPPOINTED WITH THAT.
SO, UM, I JUST WANTED TO SAY THAT, THAT I'M SORRY THAT WE, YOU DIDN'T HAVE ALL THE INFORMATION BEFORE NOW.
WE REALLY WANTED TO KEEP IT LOW KEY.
SO TO TRY TO GIVE YOU ALL THE INFORMATION SO WE CAN MAKE A RATIONAL DECISION ON HOW TO MOVE FORWARD.
KURT, DID YOU HAVE A QUESTION BEFORE I GIVE IT TO GIL? YEAH, I, I MEAN, SINCE, UH, IT WAS, UH, THANK YOU FOR UPDATING IT AND THANK YOU FOR YOUR NICE, UH, CUT OF, UH, SPEAKING OF THE MICROPHONE PLEASE.
'CAUSE YOU'RE, UH, YEAH, IT WAS, UH, THANKS YOU FOR, UH, GETTING US UP TO DATE ON IT AND SENDING US AND DOING A LOT OF, LOT OF WORK.
AND, UH, WE APPRECIATE ALL THAT STUFF THAT YOU DO IT FOR REPRESENTING IDEAS AND OTHER LAND USE IMPLICATION OF ALL OTHER STUFF ONTO THE THINGS THAT WILL AFFECT THE, UH, AFFORDABLE HOUSING, WHICH I HAVE A VERY, UH, STRONG PROPONENT OF THAT.
UH, AND, UH, JUST TO KIND OF UNDERSTAND THAT, WHAT IT'S BEEN GOING ON FOR A WHILE.
SO WHAT TRIGGERED IT TO DOWN BOARD TO DO THIS? I THINK IF YOU CAN, IF YOU CAN, I THINK JOHAN, YOU'LL BE ADDRESSING THAT, RIGHT? RIGHT.
JOHAN? UH, YEAH, FOR THE MOST PART, I THINK IT WOULD MAKE, I JUST WANT TO SAY AT SOME POINT, I HOPE YOU CAN SOME ONE OF YOU CAN READ WHAT THAT RESOLUTION IS.
I'M, I'M ACTUALLY GONNA DO THAT.
SO, JUST, JUST FOR, NOT TO QUESTION, BUT DID YOU FIND OUT ABOUT THE MICS? BECAUSE BECAUSE MAURICE SAYS HE CAN'T, CAN YOU GUYS HEAR IN THE, OH, HELLO.
CAN YOU HEAR US? IT'S VERY FAKE.
I'LL, COULD YOU, UH, MENTION TO OUR CONTROL ROOM? SOMEBODY DO THAT MA CAN, THANK YOU VERY MUCH.
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IT.I THINK IT'S THE ICE CREAM MURRAY, BUT I COULD BE WRONG.
THE AC, THERE'S NO RIGHT NOW, SO THERE'S, MAYBE LET ME TAKE THIS ONE.
OH, WE'LL TRY TO SPEAK INTO, WE'LL SPEAK BETTER INTO IT.
SO I'LL I'LL READ THE, YOU GUYS HEAR ME OKAY? YEAH, YEAH.
LIKE, THIS THING IS RIGHT IN MY MOUTH.
THE PROPOSED RESOLUTION RESOLUTION OF THE TOM BOARD OF THE TOWN OF GREENBURG, PROHIBITING MEMBERS OF THE TOM BOARDS AND COMMITTEES THAT RENDER DECISIONS ON LAND USE APPLICATIONS FROM BEING DIRECTORS, OFFICERS, OR KEY PERSONS RELATED PARTIES OF ORGANIZATION WHOSE PRIMARY FUNCTION INVOLVES LAND USE INITIATIVES THAT MAY COME BEFORE SET BOARDS AND COMMITTEES.
WHEREAS THE TOM BOARD OF GREENBURG, THE TOWN FIND ITS, FINDS IT NECESSARY TO IMPLEMENT A POLICY PROHIBITING MEMBERS OF THE TOWN'S, BOARDS AND COMMITTEES THAT RENDER DECISIONS ON LAND USE APPLICATIONS BEFORE THE TOWN FROM BEING DIRECTORS, OFFICES, OR KEY PERSONS OR RELATED PARTIES OF ORGANIZATIONS WHOSE PRIMARY FUNCTIONS INVOLVES LAND USE INITIATIVES WITHIN THE TOWN TO PREVENT CONFLICTS OF INTEREST AND THE APPEARANCE OF IMPROPRIETY ASSOCIATED WITH DECISION MAKING PROCESS REGARDING LAND USE APPLICATIONS BEFORE THE TOWN.
AND WHEREAS THE TOWN BOARD RECOGNIZES THAT COMMUNITY INVOLVEMENT IS IMPORTANT AND A NECESSARY FUNCTION OF THE COMMUNITY AND DOES NOT WISH TO DISCOURAGE PARTICIPATION IN COMMUNITY ORGANIZATION.
HOWEVER, IT FINDS THAT IN ADDITION TO POTENTIAL FINANCIAL INTERESTS OF BOARD AND COMMITTEE MEMBERS, THE DUTIES AND LOYALTIES ASSOCIATED WITH ORGANIZATIONS WITHIN THE TOWN MAY CREATE A CONFLICT, A POTENTIAL CONFLICT OF INTEREST OR THE PERCEPTION OF IMPROPRIETY WHEN THERE IS OVERLAP BETWEEN A MEMBER'S PARTICIPATION ON A PROJECT OR AN ORGANIZATION.
AND A PROJECT COMES BEFORE THE BOARD OR COMMITTEE FOR LAND USE APPROVAL.
AND WHEREAS THE TOWN BOARD SEEKS TO PREVENT CONFLICTS OF INTEREST BETWEEN PRIVATE INTERESTS AND PUBLIC DUTIES, FOSTER INTEGRITY AND PUBLIC SERVICE, AND PROMOTE THE PUBLIC'S TRUST AND CONFIDENCE IN THAT SERVICE, BY CREATING THIS POLICY AS A REASONABLE PERSON COULD FIND THAT A BOARD OR COMMITTEE MEMBER MAY SHOW FAVOR TOWARD PARTICULAR PERSONS OR PROJECTS AND COULD BE IMPROPERLY INFLUENCED WHEN SAID PERSONS AND OR PROJECTS BE COME BEFORE THEIR BOARD OR COMMITTEE FOR LAND USE APPROVAL.
AND WHEREAS PARTICIPATION IN ORGANIZATIONS WHOSE PRIMARY FUNCTIONS INVOLVES THE TOWN CREATES A CONFLICT FOR THE BOARD OR COMMITTEE MEMBER CONCERNING LOYALTY TO THE FUNCTION OF THE ORGANIZATION AND TO THE BOARD OR COMMITTEE ON WHICH IT SERVES AS THE DUTIES OF THE ORGANIZATION COULD PREVENT THE MEMBER FROM ACTING FAIRLY AND OBJECTIVELY WHEN THEY PERFORM THEIR DUTIES, A BOARD OR COMMITTEE MEMBER FOR THE TOWN AND THE BOARDS AND THE COMMITTEE MEMBERS.
THE TOM BOARD HEREBY ADOPTS A POLICY THAT MEMBERS OF THE TOM BOARD'S COMMITTEES AND COMMITTEES THAT RENDER DECISIONS ON LAND USE APPLICATIONS BEFORE THE TOWN ARE PROHIBITED FROM BEING DIRECTORS, OFFICERS, OR KEY PERSONS OR RELATED PARTIES OF ORGANIZATION WHOSE PRIMARY FUNCTION INVOLVED LAND USE INITIATIVES WITHIN THE TOWN TO PREVENT CONFLICT OF INTEREST AND THE APPEARANCE OF IMPROPRIETY ASSOCIATED WITH THE DECISION MAKING PROCESS REGARDING LAND USE APPLICATIONS BEFORE THE TOWN.
OKAY, LESLIE? UM, SO I DID GET AN EMAIL, BUT THE RESOLUTION THAT I SAW WAS NOT THE FULL THING.
AND SO I WANTED TO KNOW WHERE IT EXISTS PUBLICLY.
I SENT YOU, I SENT YOU A FULL LENGTH COPY WHEN? TWO DAYS AGO? MM-HMM.
I DID, I ATTACHED WHEN I WAS READING JUST NOW.
NO, I KNOW THE ONE THAT YOU WERE READING.
BUT IT WAS PART OF, UH, PAUL'S, IT WAS PART OF SOMETHING WAS ALL RESPECT EMAIL.
PAUL'S EMAIL, I THINK, WELL, MAYBE IT WAS PART OF A LONG THREAD.
I'M JUST, I WILL SEND IT AGAIN.
THAT BEING SAID, SO WHILE IT WAS READ INTO THE RECORD, IS THERE SOMEPLACE THAT A PERSON CAN LOOK AT IT AND FOLLOW ON? IT SHOULD BE, IT SHOULD BE ON, UH, IS IT ON THE TOWN BOARD SITE? MUST BE.
IF NOT, WE'LL SEND OUT A CLEAN COPY.
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CHECKED.IT IS IN FACT, UH, AN ATTACHMENT ON THE AGENDAS ON THE, ON THE, UH, TOWN WEBSITE, ON THE AGENDA.
THE AGENDA FOR THE LAST MEETING, RIGHT, MATT? FOR THE MEETING ON THE 26TH? YES.
JOHANN, YOU WANT TO CON ANYTHING ELSE, LESLIE, BEFORE JOHAN CONTINUES? OKAY.
LES, WHY DON'T YOU CONTINUE, JOHAN.
SO REGARDING THE COMMUNICATION THAT WAS CIRCULATED TO THE TOWN BOARD TODAY WAS REALLY, UH, AN OVERVIEW OF OUR EXPERIENCE SINCE ANNOUNCING THE CREATION OF THE 5 0 1 C3 AND INTERACTION WITH, UH, THE TOWN BOARD, OR, OR MORE SPECIFICALLY STAFFED BEING DIRECTED BY THE TOWN BOARD.
SO I'LL JUST READ THAT INTO RECORD.
AS WELL AS THE RESOLUTION IN AND OF ITSELF IS AS, UH, IS A DIRECT RESULT OF, UH, THE EFFORTS THAT, UH, WE'VE BEEN UNDERTAKING SO FAR.
TO WHO WOULD MAIN CONCERN THE ACCESSIBLE VIABLE LIVING COMMITTEE ENDORSED BY THE TOWN BOARD AND CO-CHAIRED BY PLANNING BOARD CHAIRPERSON HUGH SCHWARTZ.
AND I WAS ACCEPTED TO PARTICIPATE IN THE PACE UNIVERSITY LAND USE LEADERSHIP ALLIANCE.
ONE OF THE CRITERION FOR CONSIDERATION WAS A DIVERSE GROUP IN INCLUDING TOWN STAFF, TOWN LEADERSHIP, PLANNING BOARD MEMBERS AND COMMUNITY MEMBERS INTERESTED IN AFFORDABLE HOUSING.
PARTICIPANTS INCLUDED COMMISSIONER OF PLANNING AND DEVELOPMENT, GARRETT GARRETT DUQUE, TOM, BOARD MEMBER KEN JONES, PLANNING BOARD CHAIR HUGH SCHWARTZ, PLANNING BOARD MEMBERS, LANDOWNERS REAL ESTATE PROFESSIONALS, AND GREENBERG RESIDENTS.
DURING THE LULA TRAINING, KNOWN AS THE LEADING LAND USE INCUBATOR IN THE COUNTRY, WE LEARNED THE IMPORTANCE OF INTEGRATING A 5 0 1 C3 INTO OUR PLANNING PROCESS.
THIS INTEGRATION MAXIMIZES OUR OUR ABILITY TO BRING RESOURCES TO EFFORTS IN CREATING MORE HOUSING IN GREENBURG.
WITH GUIDANCE FROM LULA LULA LEADERSHIP, WE SUCCESSFULLY INCORPORATED VIABLE LIVING INC.
SOLELY TO ADVANCE AFFORDABLE HOUSING IN ACCORDANCE WITH THE TOWN'S 2016 COMPREHENSIVE PLAN.
VLI LEVERAGES INSIGHTS FROM LULA AND THE EXTENSIVE EXPERIENCE OF THE A VL COMMITTEE TO AFFECT REAL CHANGE IN GREENBURG.
HOWEVER, DESPITE OPERATING WITHIN THE TOWN STATUTES, LAWS, AND CODES, CERTAIN TOWN BOARD MEMBERS HAVE ACTIVELY SOUGHT TO UNDERMINE OUR EFFORTS THROUGH MISINFORMATION AND MISUSE OF TOWN STAFF AND RESOURCES.
THE PLANNING BOARD CHAIR HUGH SCHWARZ AND I HAVE BEEN TARGETED THROUGH THE COMMISSIONER PLANNING AND THE TOWN'S ATTORNEY.
THERE HAS BEEN A CONCERTED EFFORT TO SPREAD MISINFORMATION, CLAIMING OUR INTERESTS ARE SOLELY FINANCIAL.
IN RESPONSE, WE ENGAGE IN A ZOOM SESSION REQUESTED BY THE COMMISSIONER AND TOWN ATTORNEYS TO EXPLAIN OUR ACTIONS DEMONSTRATING COMPLIANCE WITH STATE LAWS, STATUTES, AND CODES.
SUBSEQUENTLY, WE SOUGHT GUIDANCE FROM THE GREENBERG BOARD OF ETHICS RATHER THAN A SEED WITH A TOWN BOARD SUMMONS FOR AN IN-PERSON INQUIRY, THE ETHICS BOARD FOUND NO IMPROPRIETY AND IN AN UNPUBLISHED DECISION, STATED THAT EXISTING LEGAL MECHANISMS ADDRESS CONCERNS ABOUT CONFLICT OF INTEREST AND MAINTAIN PLANNING BOARD INTEGRITY.
RECENTLY I WAS INFORMED OF, UH, TOWN RESOLUTION, WHICH I JUST READ, TB 16 DASH 2 6 20 24 AIMED AT COMPROMISING OUR BOARD'S FUNCTIONALITY.
THIS RESOLUTION SUGGESTS THAT ONE CANNOT HAVE CERTAIN POSITIONS IN AN ORGANIZATION WITH RESPONSIBILITIES OR INTEREST IN LAND USE WHILE SERVING ON THE PLANNING BOARD.
THIS LANGUAGE APPEARS TO BE RETALIATORY IN RESPONSE TO THE CREATION OF VLI BY CHAIRPERSON SCHWARTZ, FORMER CHAIRPERSON WALTER SIMON AND I, DESPITE ENDORSEMENT FROM A LEADING LAND USE INSTITUTION REFERRING TO LULA, THE RESOLUTION IS SCHEDULED TO BE DISCUSSED JULY 10TH, 2024.
THIS RUSH EFFORT IS AN ATTEMPT TO PREEMPT THE BOARD OF ETHICS RULING SCHEDULED FOR JULY 18TH, 2024, AND UNDERMINE THEIR AUTHORITY.
REMARKABLY, THIS RESOLUTION EMERGED WELL OVER TWO MONTHS AFTER THE PLANNING BOARD SUBMITTED RECOMMENDATIONS ON ACCESSORY DWELLING UNITS TO THE TOWN BOARD.
THE A DU PROPOSAL HAS FACED PERSISTENT DELAYS SINCE SUBMISSION.
THE HASTE WITH WHICH THE TOWN BOARD DRAFTED THIS RESOLUTION
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SUGGEST A PRIORITY BASED ON PERSONAL AGENDAS OVER THE TOWN'S INTERESTS AND EFFECTIVE GOVERNANCE.WHILE WE CAN ONLY SPECULATE ON THE MOTIVES BEHIND THESE ACTIONS, THEY COINCIDE WITH PLANNING BOARD MEMBERS PUBLICLY NOTING DISCREPANCIES BETWEEN THE A DU LAW PRESENTED TO THE TOWN BOARD VIA THE A VL COMMITTEE AND THE DIVERSION REFERRED TO THE PLAN PLANNING BOARD.
CHANGES IN THE PROPOSED LAW DRASTICALLY UNDERMINED THE INTENT OF A D'S RENDERING THE LAW LARGELY SYMBOLIC RATHER THAN EFFECTIVE.
THE PLANNING BOARD INCLUDED LANGUAGE IN THIS RECOMMENDATION SPECIFICALLY TO REMOVE THE FOLLOWING RESTRICTIVE ELEMENTS THAT WERE IMPROPERLY ADDED, OR I'M GONNA QUOTE THE, UM, THE, THE, AN EXCERPT FROM WHAT WAS ADDED.
A MINIMUM LOT SIZE OF 10,000 SQUARE FEET FOR A PROPERTY TO BE ELIGIBLE FOR AN 80 DU SPECIAL PERMIT, A MINIMUM LOT SIZE OF 20,000 SQUARE FEET TO CONTAIN A DETACHED A DU UNIT THAT IS SEPARATE FROM AN EXISTING ACCESSORY GARAGE THAT IS PROPOSED TO REMAIN ON THE PROPERTY AND NOT CONTAIN AN A DU.
BOTH UNAUTHORIZED CHANGES WERE NOT COMMUNICATED OR ENDORSED BY ANY MEMBERS OF A VL OR EVEN CERTAIN MEMBERS OF THE TOWN BOARD.
THE PARTY OR PARTIES THAT MANIPULATED THE PROPOSED LAW SEVERELY COMPROMISED THE EFFECTIVENESS OF THE LAW BY RESTRICTION BY RESTRICTING ELIGIBILITY TO A VERY SMALL TO ONLY A VERY SMALL PERCENTAGE OF THE GREENBERG POPULATION.
EVIDENCE OF THE TAMPERING CAN BE FOUND ON THE TOWN OF GREENBERG'S WEBSITE.
CURRENTLY, AS A MANIPULATED DRAFT WAS PUBLISHED PUBLICLY, VLI IS ON TRACK TO INTRODUCE OVER 100 NEW AFFORDABLE UNITS.
AVLS PROPOSED A DU LAW IS THE MOST COMPREHENSIVE IN THE COUNTY AND WILL ENABLE A MINIMUM OF 25 NEW ADUS PER YEAR.
WE ARE GROWING IN OUR MISSION TO BRING MORE AFFORDABLE LIVING CONDITIONS TO GREENBURG WITH THIS RESOLUTION.
IT SEEMS LIKELY THAT THE TOWN BOARD MEMBERS RESPONSIBLE FOR UNDERMINING THE PLANNING BOARD EITHER LACK A GENUINE INTEREST IN DEVELOPING AFFORDABLE HOUSING IN GREENBURG, OR ARE RETALIATES INTO THE PLANNING BOARD'S EXPOSURE OF THESE PARTIES.
REGARDLESS, IT IS EVIDENT THESE MEMBERS HAVE ACTIVELY WORKED AGAINST RESIDENTS BEST INTERESTS, LEVERAGING TOWN STAFF AND RESOURCES.
THEIR BLATANT EFFORTS DEMONSTRATE A COMFORTABILITY MANIPULATING LAWS STAFF AND THEIR TITLES TO ACHIEVE SELFISH GOALS.
MEANWHILE, RESIDENTS URGENTLY NEEDING ADUS TO HOUSE LOVED ONES OR MAINTAIN THEIR OWN HOUSING OF BEING DENIED FUTURE SECURITY DUE TO THE ACTIONS BY CERTAIN TOWN BOARD MEMBERS.
I I WANT TO, UH, CITE A TIMELINE SO EVERYONE UNDERSTANDS EXACTLY THE, UH, COURSE OF EVENTS AS THEY OCCURRED DURING THE COURSE OF THE LAST TWO YEARS SINCE WE STARTED THIS EFFORT.
IN MAY OF 2022, PLANNING BOARD MEMBERS RECOMMENDED THE ESTABLISHMENT OF THE ACCESSIBLE VIABLE LIVING COMMITTEE TO THE TOM BOARD.
IN JULY, AUGUST OF 2022, PLANNING BOARD MEMBERS ATTENDED A TOM BOARD MEETING TO PUBLICLY AND CLORE THE TOM BOARD TO PRIORITIZE AFFORDABLE HOUSING AND ESTABLISH THE A VL.
IN NOVEMBER, 2022, THE A VL HELD ITS FIRST MEETING IN JANUARY OF 2023.
THE A VL HELD ITS FIRST OFFICIAL MEETING IN NOVEMBER OF 2023.
THE A DU LAW WAS DELIVERED BY THE A VL TO THE TOM BOARD JANUARY, 2024.
THE PLANNING BOARD BEGINS DISCUSSION OF THE PROPOSED A DU LAW JANUARY, JANUARY, 2024.
THE A VL ADDRESSED THE TOM BOARD DUE TO THE DISCREPANCY IN THE A VL DRAFT, WHICH I CITED BEFORE IN MY LETTER, UH, UH, DISCREPANCY IN THE A VL DRAFT OF THE A DU LAW SHARED WITH THE PLANNING BOARD IN FEBRUARY OF 2024, VIABLE LIVING INC.
WAS ANNOUNCED TO THE TOWN BOARD ON MARCH 7TH, 2024.
THE PLANNING BOARD OFFERED A DU LAW RECOMMEND, UH, A DU LAW RECOMMENDATION TO THE TOWN BOARD.
A ZOOM CALL WAS ATTENDED AT THE REQUEST OF THE TOWN ATTORNEY AND STAFF BY HUGH SCHWARTZ AND I, APRIL 12TH.
WE WERE SUMMONED TO MEET WITH THE TOWN BOARD VIA THE TOWN'S ATTORNEY.
ON APRIL 22ND, HUGH SCHWARTZ AND JOHANNA REQUESTED A MEETING WITH THE GREENBERG BOARD OF ETHICS FOR INDEPENDENT UNBIASED OPINION.
MAY 16TH, 2024, THE MEETING WITH THE BOARD OF, WE MET WITH THE BOARD OF ETHICS.
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THE BOARD RENDERED A DECISION THERE AND THEN AND CONCLUDED NO VIOLATIONS.THE OFFICIAL DECISION WAS ANNOUNCED FOR JUNE AND LATER, UH, JULY DUE TO SCHEDULING JUNE 25TH, 2024.
THE BOARD HOLDS AN EXECUTIVE SESSION TO PROPOSE A RESOLUTION TO PROHIBIT LAND USE EXPERTS WITH STANDING PROFESSIONAL OBLIGATIONS FROM PARTICIPATING ON A PLANNING BOARD VIA THE RESOLUTION THAT I READ BEFORE JULY 10TH, WHICH IS NEXT WEEK.
THE TIME BOARD IS SCHEDULED TO VOTE ON THAT RESOLUTION IN JULY 18TH, 2024.
THE ETHICS BOARD WILL SHARE THEIR OFFICIAL DOCUMENTED OPINION RULING.
AND I SHOULD NOTE THAT, UH, AS, UH, HUGH MENTIONED THE, UM, THE DECISION WAS SHARED IN ADVANCE OF THE MEETING BECAUSE OF THE JULY 10TH SCHEDULE TO VOTE THIS RESOLUTION INTO PLACE SO THAT THEY COULD, UM, THE BOARD OF ETHICS COULD HAVE A CONVERSATION WITH THE TOM BOARD REGARDING THE EFFORT TO IMPLEMENT THIS RESOLUTION.
AND THEY REQUESTED IT BE TAKEN OFF THE AGENDA FOR THE 10TH AS WELL.
MM-HMM,
IT COULD EVEN BE FURTHER BACK WHERE THIS RETALIATION STARTED, RIGHT AFTER TWO THINGS HAPPENED.
ONE, UH, THE CREATION OF THE, THE VLI, THE 5 0 1 C3, WHICH THEY WERE AWARE OF BECAUSE WE TALKED ABOUT IT AT LULA.
I DON'T KNOW HOW THEY COULDN'T BE AWARE OF IT WITH PEOPLE FROM A TOWN BOARD MEMBER AND A SENIOR STAFF MEMBER SITTING THERE WITH US WHEN DISCUSSED IT.
AND TWO, WHEN THIS BOARD IN JANUARY UNCOVERED THE DISCREPANCY, UH, OF THE, IN THE, OF THE, THE A DU LAW, WHICH WE FORWARDED TO A RECOMMENDATION ACTUALLY WITHOUT, 'CAUSE WE WEREN'T ACCUSE ANYBODY.
WE JUST DIDN'T WANT IT TO HAPPEN AGAIN.
WE FORWARDED A RECOMMENDATION TO THE, UH, TOWN BOARD ON, ON FIXING THAT, UH, IN THAT PROCESS.
AND THAT, I BELIEVE THAT WAS ON MAY 28TH.
SO THAT'S ABOUT A MONTH AGO NOW.
AND WE HAVEN'T, AGAIN, JUST LIKE WE HAVE A LAUNDRY LIST OF THINGS THAT WE'VE SENT TO THE TOWN BOARD, WHICH WE'VE BEEN, BEEN, UH, TRY TO BE, YOU KNOW, QUIET ABOUT.
'CAUSE I DON'T WANNA CRITICIZE THE TOWN BOARD, BUT WHEN THEY CAN RUSSIAN DO SOMETHING LIKE THIS AND SIT ON SEVEN DIFFERENT VERY IMPORTANT ITEMS RIGHT NOW, THEY HAVE TIME.
WALTER, YOU HAD A COMMENT? YEAH.
I JUST WANTED TO ADD, UH, I JUST WANTED TO ADD, UH, SOMETHING TO WHAT JOHAN JUST SAID ABOUT A HUNDRED YEARS AGO, WHEN THE PLANNING BOARD, UH, WAS FIRST, UH, CREATED, UH, THE INTENT OF THE STATE, MAKE THE PLANNING BOARD GIVE THIS, UH, THE PLANNING BOARD A CERTAIN LEVEL OF, OF INDEPENDENCE, UH, THIS WAS NEEDED.
SO THE PLANNING BOARD WOULD NOT MAKE DECISIONS BASED ON WHAT A DEVELOPER LIKED OR DIDN'T LIKE, OR WHAT THE PUBLIC LIKED OR DIDN'T LIKE, OR WHAT THE TOWN BOARD LIKED OR DIDN'T LIKE.
THE PLANNING BOARD WAS CREATED TO OBEY THE LAW TO FAIRLY AND EQUITABLY ENFORCE THE COACH REGARDLESS.
AND ONE OF THE WAYS THAT IT WAS STRUCTURED TO ENSURE THAT WAS TO MAKE THE PLANNING BOARD MEMBERS NOT ELECTED POSITIONS, BUT APPOINTED POSITIONS FOR SEVEN YEARS.
AND IT WOULD HAVE SEVEN BOARD MEMBERS.
SO ONE, EACH YEAR, ONE BOARD MEMBER WOULD BE UP FOR REAPPOINTMENT.
SO THE TOWN STILL HAVE THE AUTHORITY FOR REAPPOINTMENT OR REAPPOINTMENT, BUT THEY COULD ONLY AFFECT ONE POSITION PER YEAR TO GIVE THE PLANNING BOARD A CERTAIN AMOUNT OF INDEPENDENCE.
THE TOWN BOARD HAVE NOT FOLLOWED THE INTENT, THE INTENT OF THAT LAW, BECAUSE RIGHT NOW THERE'S FOUR OF US SITTING HERE, MYSELF, HUGH, TOM, TOM, AND AISHA.
LESLIE ASIA'S AT THE END OF YEAR, LESLIE,
[00:30:01]
THE SUPPORT WHOSE TERM HAVE EXPIRED.SO THEREFORE WE ARE TEMPORARY OR MEMBERS OF THE PLANNING BOARD AT WILL MEMBERS, ACTING MEMBERS, NO, NOT ACTING MEMBERS.
WE'RE AT WILL MEMBERS IS WHAT I WOULD AT WILL MEMBERS AT THE, AND THE, AND THE TOWN BOARD HAS THE POWER TOMORROW MORNING TO DISMISS ALL FOUR OF US.
AND IN ADDITION, TWO MORE MEMBERS OF, UH, THIS COMMITTEE TERMINAL.
AND, UH, WE UP FOR REAPPOINTMENT THIS YEAR.
YOU SHARED MICHAEL AT THE END OF THE YEAR.
SO THE TOWN BOARD IS IN THE POSITION TO JUST, UH, CONTROL, COMPLETELY CONTROL THE PLANNING BOARD, WHICH IS CONTRARY TO THE INTENT OF THE STATE LAW.
NOW, THE STATE LAW SAYS THAT WE STILL HAVE THE POWER TO MAKE DECISIONS, BUT THE FACT IS, WHETHER OR NOT THE TOWN BOARD WOULD DO SOMETHING LIKE THAT ISN'T THE POINT.
AND THAT JUST ANOTHER INDICATION OF UNDERMINING THIS PLANNING BOARD.
I WANT TO GO A LITTLE FURTHER, JUST TO ADD TO THAT FOR A SECOND.
AMANDA AND, UH, AARON AND PATTY, I GUESS WORKED ON THIS, DID A FANTASTIC JOB OF FIRST OF ALL RESEARCHING IT TO MAKE SURE WE KNEW WHO WAS THERE AND THEN WROTE A VERY COMPREHENSIVE RECOMMENDATION BACK TO THE TOWN BOARD AS TO HOW TO FIX THE PROBLEM.
IT WAS VERY WELL DONE BY THEM.
I REALLY APPRECIATE THE WORK THAT THE THREE OF THEM DID ON THIS.
AND IF I MISS SOMEBODY, I APOLOGIZE.
YEAH, I KNOW IT WAS THE THREE OF THREE OF YOU ANYWAY.
UM, AND I GUESS, UH, IT HELPED A, A PROBLEM THAT IS ACTUALLY WELL BEYOND THE PLANNING BOARD, IT'S TOWN WIDE WITH COMMITTEES.
AND, UH, IT HAS ACTUALLY OVERWHELMED OUR, UH, OUR TOWN CLERK WHO IS TRYING TO FIX THIS WHOLE MESS ACROSS ALL THE COMMITTEES.
WE, WE TOOK OUR, THE INITIATIVE, OUR MANAGER, I SHOULD SAY, AND AARON AND, AND PATTY TOOK THE INITIATIVE TO FIX IT FOR THE PLANNING BOARD.
AND WE SENT A RECOMMENDATION ON MAY 30TH ON THAT.
AND AGAIN, THAT'S ALSO ANOTHER SITTING THERE WITH, WITH, UH, NO, NO TIME ON THE AGENDA.
SO, YOU KNOW, WE'VE TRIED TO, TO ADDRESS ALL THESE THINGS THROUGH THE SYSTEM, AND THIS IS WHERE WE'RE AT.
SO CAN, CAN WE JUST MENTION THAT WITH THIS RESOLUTION CORRECT, WAS NEXT, AFTER NONE, LESLIE, IT WOULD AUTOMATICALLY DISQUALIFY A MAJORITY OF THE BOARDS FROM PARTICIPATING.
AND AT THAT POINT OF REAPPOINTMENT, IT WOULD EITHER HAVE TO QUIT THEIR OUTSIDE ACTIVITIES OR BE, JUST TO BE FAIR, TO BE FAIR TO THEM, IT, IT ISN'T CLEAR WHO IT WOULD WHO, WHO, PARTICULARLY YOU AND I AND WALTER AND AISHA.
BEYOND THAT, THAT'S FOUR OF US ANYWAY.
BUT BEYOND THAT, IT REALLY ISN'T CLEAR.
THE PROB ONE OF THE PROBLEMS WITH THIS, THERE ARE NO DEFINITIONS.
IT'S NOT A LAW, IT'S A RESOLUTION SO THAT IT'S OPEN FOR INTERPRETATION, WHICH IS NOT THE WAY YOU'RE SUPPOSED TO RUN, RUN A GOVERNMENT.
THEY, YOU, LESLIE, SORRY, JUST, UH, QUICKLY, UH, UM, UM, MY CONCERN, I DON'T THINK IT'S ON, IT'S ON, BUT IT'S, PUT IT CLOSER.
LOOKING AT THE WRONG ONE, NEVERMIND
UM, UH, I WOULD DO KIND OF, UH, I UNDERSTAND, UH, THAT TOWN HAS A, UH, CONCERNS ABOUT, UH, WHATEVER THEIR PRIORITIES, IT'S, UH, IT'S THEIR BUSINESS.
BUT, UH, UH, THE, THE CONCERNING PART TO ME IS THE RESOLUTION THAT THEY HAVE PUT FORWARD, WHICH MAKES IT A PRETTY MUCH, UH, EVERYBODY, INCLUDING ME, WHO I'M SERVING ON A TWO BOARDS TO BE, UH, UH, SELECTING EITHER YOU'RE ALSO AN ENGINEER THAT'S WORKED IN LINDY'S, UH, PROFESSIONALLY.
I, RIGHT NOW I DON'T, BUT, BUT, BUT I'M SAYING YOU WERE AT ONE POINT ON THIS WORK LIKE THAT.
UH, SO I THINK IT'S, UH, YOU, IT'S PRETTY WORLDLY, UH, WORDED AND, AND HAS A, UH, VERY LARGE NET THAT I DON'T KNOW HOW MANY PEOPLE CAN REALLY PARTICIPATE IN.
I IDENTIFIED ABOUT 15, I THINK, POTENTIALLY.
SO THAT'S MY ONE CONCERN ABOUT THE RESOLUTION.
UH, FORGET ABOUT THE, UH, THE REASON WHY IT HAPPENED OR NOT BECAUSE, UH, IT'S A, IT'S, IT'S A, WHATEVER THEIR POLITICS INSIDE, I DON'T WANT TO BE KIND OF JUDGE OR PREJUDGE, WHATEVER IT IS.
BUT I'M REALLY CONCERNED ABOUT, UH, UH, THE WAY IT IS DONE AND THEN NOT BEING, UH, UH, PROPERLY CONSULTED TO ALL OF THE MEMBERS.
AND I, I DON'T KNOW, IT'S ALL THE BOARD'S BEEN, UH, CONSULTED THAT WHAT IS IMPLICATIONS ARE, I DOUBT THEY EVEN KNOW ABOUT IT, TRUTHFULLY, LESLIE.
UM, SO TAKING IT AWAY FROM ANY SPECIFIC PERSON OR ORGANIZATION,
[00:35:01]
AND UNFORTUNATELY I DID READ THROUGH IT NOW, BUT THE, THE BOTTOM PART I'M CONCERNED ABOUT THE TALENT POOL.FOR WHAT? SORRY? THE TALENT POOL.
THAT BRAIN TRUST, WHATEVER YOU WANT TO CALL IT, THAT WOULD BE ABLE TO SERVE ON THE BOARD.
UM, I DO REMEMBER, AND I WAS SAYING THIS TO SOMEONE EARLIER, THE COMP PLAN, WHEN THEY WERE FORMING IT, THEY DID A COMMITTEE, AND CORRECT ME IF I'M WRONG, BUT THAT COMMITTEE CONSISTED OF PEOPLE WHO HAD EXPERTISE AND ABLE TO SHARE THEIR EXPERTISE IN ORDER TO MOVE THAT FORWARD.
UM, AND SO WHEN WE TALK ABOUT A PLANNING BOARD, SHOULD SOME PERSON IN THE FUTURE BE AN ARCHITECT OR AN ENGINEER OR SOMEONE WHO WORKS IN REAL ESTATE AND THEY WANT TO SERVE AND SERVE ANOTHER V VILLAGE EVEN, I'M SORRY, OR LAND USE SOMEWHERE ELSE.
POTENTIALLY LAND YOU SOMEWHERE ELSE.
UM, I SEE RECUSAL AS AN OPTION.
I JUST DON'T KNOW IF WE SHOULD STOP THAT TYPE OF TALENT FROM BEING PART OF THE BOARD.
OR ANY BOARD, NOT JUST US, BUT JUST THAT'S A GREAT, THAT'S A GREAT POINT.
I, YOU KNOW, IT'S FUNNY, I WENT BACK TO LOOK AT A BOARD THAT WALTER AND I WERE ON, UH, WHEN WE USED TO HAVE RESTAURANT CARRIAGES OUT HERE IS WHEN WE STARTED, UM, ABOUT 20 YEARS AGO, THE CHAIRMAN OF THAT BOARD WOULD NOT BE ELIGIBLE FOR THAT BOARD AND FOR THE MEMBERS WOULD NOT BE ELIGIBLE, ELIGIBLE UNDER THIS PERSON, UNDER, UNDER THIS, THIS RESOLUTION.
AND JUST TO BE CLEAR, WE WE'RE TALKING ABOUT HOW VAGUE THE RESOLUTION IS, WHICH IS A HUNDRED PERCENT TRUE, BUT WE'RE NOT LOOKING FOR THEM TO TIGHTEN UP THE LANGUAGE ON THE RESOLUTION.
IT'S A VIOLATION OF THE CODE OF ETHICS AS IT EXISTS RIGHT NOW.
WE'VE ALREADY HAD A RULING ON THAT.
AND IT SEEMS LIKE THEY'RE TRYING TO PREEMPT THE, THE, THE RULING.
SO THIS, THIS KIND OF NEEDS TO BE STOPPED.
AND IF THEY HAVE SOME CONCERNS THAT'S OUTSIDE OF THE CONVERSATION THAT WE'VE ALREADY HAD WITH THE TOWN ATTORNEY STAFF BOARD OF ETHICS, WHO'S, WHO'S ALSO APPROVED, UM, METHODOLOGIES, THEN THERE NEEDS TO BE A CONVERSATION, NOT AN A SECRET EXECUTIVE SESSION WHILE THE SUPERVISOR IS AWAY.
IT, IT NEEDS TO BE A PUBLIC CONVERSATION AT THE VERY LEAST.
AND I THINK THE ETHICS BOARD SHOULD BE INVOLVED IN THAT.
BUT JUST FOR THE RECORD, BY THE WAY, UH, WE, BUT JOHAN AND I HEAD COUNSEL, UM, ONE OF WHICH IS IN INTIMATELY FAMILIAR WITH THE ETHICS CODE.
SO THAT WE, WE KNEW IT'S NOT UNDERSTATEMENT.
WE, WE KNEW THAT THAT IS AN UNDERSTATEMENT.
ACTUALLY, PROBABLY THAT PERSON PROBABLY KNOWS MORE ABOUT THE ETHICS CODE THAN ANYBODY, INCLUDING THE ETHICS BOARD.
UM, AND THAT'S NOT, NOT A, A NEGATIVE REFLECTION ON THE, THE ETHICS BOARD WHO I THINK VERY HIGHLY OF.
I THOUGHT THEY WERE INCREDIBLY PROFESSIONAL WHEN WE MET WITH THEM.
UM, SO, YOU KNOW, WE, WE DID WHAT WE WERE SUPPOSED TO DO THERE.
AND FOR THIS TO HAPPEN THIS WAY, IF THEY WANT TO CHANGE THE ETHICS CODE, THEY DID.
THEY ARE THE, THE LEGISLATIVE BODY, THE TOWN BOARD, THEY HAVE EVERY RIGHT TO DO IT, BUT THEY HAVE TO CHANGE THE LAW NOT TO DO IT THROUGH A CLANDESTINE, UH, MEETING NUMBER ONE, UH, WORK SESSION EXECUTIVE SESSION.
NO LEGAL REASON WHY THIS WAS AN EXECUTIVE SESSION.
IT WAS A PUBLIC RESOLUTION AND TWO, TO DO IT BY RESOLUTION, WHICH WAS VAGUE AND BROAD, BUT ALSO DOESN'T REQUIRE ANY PUBLIC DISCUSSION.
THAT IS NOT THE WAY YOU CHANGE THE LAW.
YOU WANT TO CHANGE THE LAW, YOU DO IT THE RIGHT WAY, AND YOU WRITE A COMPLETE LAW WITH DEFINITIONS SO THAT IF WHEN OUR ATTORNEYS NEED TO DEFEND THE TOWN, THEY CAN DEFEND IT BY LOOKING TO A LAW WITH VARIOUS, WITH SPECIFIC LANGUAGE IN IT, INCLUDING DEFINITIONS AT THIS POINT, 'CAUSE IT'S SEVEN FOR YOU.
I WANT TO TRY TO WRAP THIS UP.
WHAT ACTION WOULD YOU LIKE TO SEE TONIGHT? THANK YOU, TOM.
UM, WHAT I'D LIKE TO, WHAT I WOULD LOVE TO SEE IS FOR THE REST OF THIS BOARD TO SIGN ONTO THIS LETTER.
THIS LETTER HAS NOT BEEN FORWARDED YET.
WE'D LIKE TO SEND THE LETTER, UH, TO THE TOWN BOARD.
HOPEFULLY THEY'LL ACTUALLY READ IT AND ACT ON IT.
UH, UH, I DON'T KNOW THAT'LL HAPPEN, BUT I THINK WE SHOULD DO THAT.
UM, AND THAT'S WHAT I WOULD, I WOULD LIKE TO SEE HAPPEN TONIGHT.
I ANY COMMENT ON THAT? CORRECT.
I THINK, UH, LETTER IS VERY WELL WRITTEN AND IT HAS A, UH, REALLY A GOOD POINTED RESPONSE TO WHAT'S, I THINK I HAVE A UNDERSTANDING, BUT I DO NOT AGREE TO REALLY READING BETWEEN LINES AND EMPHASIZING WHY THEY DID WHAT THEY DID.
AND, AND I DON'T THINK IT SERVES ANY PURPOSE FOR ANYBODY TO BE, UH, SAYING THAT AND SECOND GUESSING WHY IT WAS DONE SINCE WE DON'T, WE, YOU, YOU HAVE SOME INKLING ABOUT IT, BUT I THINK IT'S BETTER TO JUST SAY WHAT IS, UH, WHAT IS FACTUALLY AND, AND, UH, WHAT CLEARLY WE CAN SAY ABOUT IT RATHER THAN
[00:40:01]
WHAT DO YOU THINK THAT OKAY, SO SO THE MOST PORTION OF THE LETTER I AGREE.EXCEPT FOR THINGS WHICH WE ARE SAYING THAT IT WAS TARGETED TO FEW PEOPLES AND ALL THAT STUFF THAT IS NOT REALLY FACTUAL AND THAT IS REALLY DOESN'T SERVE ANY PURPOSE THAT WHAT WE, WE WANTED TO DO.
DID LESLIE, WERE YOU GONNA TALK SAY SOMETHING? I THOUGHT YOU WERE GONNA SAY SOMETHING.
SO THAT WAS THE PURPOSE OF IT.
I WOULD LIKE FOR US MAYBE TO REVISE IT SOMEWHAT OKAY.
THAT'S, AND I DON'T THINK THAT WE CAN DO THAT TONIGHT.
IS THAT A POSSIBILITY? WE'LL DO, WE'LL CIRCULATE IT AND DO IT, DO IT VIA EMAIL THEN.
DO YOU HAVE, DO YOU HAVE ANY SPECIFIC THINGS THAT YOU COULD POINT TO NOW? WELL, I DO, BUT I'D RATHER WE DISCUSS IT.
THIS, THIS WAS LARGELY MY EXPERIENCE AND, UH, WE SHARED WITH WALTER AND HUGH TO DISCUSS OVERALL AND IN LIGHT OF THE RESOLUTION, THOUGHT IT WOULD MAKE SENSE SINCE TO DIRECT THE E EFFECTS MOST OF US TO SHARE AMONGST THE GROUP.
I KNOW IT WAS SENT AROUND THIS AFTERNOON.
I DIDN'T HAVE TIME TO READ IT.
I ONLY HEARD IT WHEN YOU READ IT.
I WOULD LIKE TO BE ABLE TO LOOK AT IT.
I CAN ABSORB IT BETTER THROUGH READING THAN HEARING AND SEE, I'M NOT SURE IF I AGREE WITH ABSOLUTELY EVERYTHING OR NOT.
I REALLY JUST WANT A LITTLE MORE TIME WITH THAT.
WELL, IF, IF YOU, IF YOU GUYS ARE GONNA SIGN OFF ON IT AB ABSOLUTELY.
UM, I DO WANT TO STATE THAT A LOT OF IN THERE, THERE MAY BE CERTAIN THINGS IN THERE THAT ARE SUPPOSITIONS, BUT THE MAJORITY OF IT IS FACT.
FACT OF WHEN THE, WHEN IT HAPPENED IS AN ABSOLUTE FACT.
THE FACT THAT IT IS HAS TO BE, SINCE THEY KNEW WHAT, THEY KNEW WHAT THE, THE ETHICS BOARD HAD DECIDED BECAUSE JOE DANKO WAS AT THE MEETING.
SO THEY'VE KNOWN SINCE MAY 16TH, BUT THE ETHICS BOARD WAS DECIDED 'CAUSE THEY DECIDED THAT NIGHT, THEREFORE THERE ISN'T, IT'S A FACT THAT THIS IS A A MEANS TO CIRCUMVENT AND TO PREEMPT THE ETHICS BOARD DECISION.
THEY ALSO KNEW WHEN THE ETHICS DECISION, BOARD DECISION WAS COMING OUT.
THOSE AREN'T SUPPOSITIONS, THOSE ARE FACTS.
SOME OF THE LANGUAGE IN THE WAY IT'S COUCH.
AND I THINK THAT'S WHAT WE WANT TO HEAR FROM YOU GUYS.
JUST WANT A LITTLE MORE TIME TO OBSERVE THAT YOU ALL HAVE LIVED IT.
DO YOU HAVE ANYTHING ELSE TO SAY? 'CAUSE I WANNA MOVE ON TO, TO THE BUSINESS.
I JUST VERY QUICKLY, UH, READ AND JUST GOT A GIST OF IT.
AND I THINK WHEN YOU KIND OF READING IT, I CANNOT ABSORB SOME MORE.
UH, BUT AGAIN, I THINK IT'S, UH, TWO, UH, THE CENTRAL THINGS THAT I WANT TO SAY IS THAT WHAT, BESIDES ALL THESE, UH, INTENTIONS AND, AND, UH, EMOTION TO BE PUT FORWARD IN THE LATER, IT'S BETTER TO BE FACTUAL AND, AND, AND TELL THEM THAT THIS, THIS IS NOT REALLY A GOOD IDEA WITH, WITHOUT SUGGESTIONS THAT LESLIE HAS.
WELL, THAT, THAT'S APPRECIATED.
SO IT IS, IT IS MORE POSITIVE FINISH AND, AND ALSO GOING WITH THE ACTUAL THINGS THAT THEY SHOULD DO IT OKAY.
WELL, COULD WE, THE, THE NEXT TOWN BOARD MEETING IS THE 10TH.
COULD WE SET A DEADLINE FOR OURSELVES TO HAVE A, A FINISHED DOCUMENT BY FRIDAY? GOT, EVEN THOUGH IT'S A HOLIDAY ON THURSDAY.
SO BE BEFORE AMANDA IS WORKING THAT DAY.
RIGHT?
I'M HAPPY TO LOOK AT IT TOMORROW AND YEAH, WE'LL GET FEEDBACK.
BUT I'D LIKE TO GET IT OUT TO THE TOWN BOARD BY FRIDAY.
IF FORGET, SHARE IT ON GOOGLE DRIVE.
EVERYBODY MAKE WHATEVER YOU FEEL WOULD BE APPROPRIATE AND THEN WE CAN TRACK IT.
THANK YOU VERY MUCH FOR EVERYBODY LISTENING.
THANK YOU FOR BEARING THE TOWN, THE PUBLIC HEARING THIS, IT'S ACTUALLY A VERY IMPORTANT FOR THE TOWN TO THINK ABOUT.
THIS BOARD WORKS VERY, VERY HARD.
EVERYBODY ON THIS BOARD AND WE'RE VOLUNTEERS, JUST, WE GET PAID THE SAME THING YOU DO.
WE'RE SITTING UP HERE AND DOING THIS 20, 30 HOURS OR MORE A MONTH.
BECAUSE THERE'S A LOT THAT HAPPENS BEHIND THE SCENES.
IT DOESN'T JUST HAPPEN HERE REVIEWING THESE THINGS.
SO WE, WE, WE ARE PROUD OF WHAT WE DO AS, AS THIS BOARD, WE'RE PROUD THAT WE'VE BEEN APPOINTED HERE AND WE'RE VERY OPEN BOARD.
WE DON'T ALWAYS AGREE, WHICH I THINK IS UNUSUAL SOMETIMES FOR PUBLIC BOARD TO ACTUALLY EXPRESS OPINIONS IN PUBLIC.
BUT WE DO THAT AND WE DO LISTEN TO THE PUBLIC.
WE DON'T ALWAYS AGREE WITH YOU AND YOU WON'T ALWAYS AGREE WITH US
AND WHY DON'T WE MOVE ON TO THE FIRST CASE NOW, WHICH IS, UH, PB CASE 2324, UH, LI CHANG.
IT IS, UH, WETLAND FOR A WETLANDS WATERCOURSE PERMIT AND FOR, UM, A TREE REMOVAL PERMIT.
[00:45:01]
A WORK SESSION THAT WE HAD ON, UH, MARCH 6TH.UM, THERE WERE SOME QUESTIONS AT THAT PERIOD OF TIME, I BELIEVE.
UM, AARON, DO YOU WANNA FILL US IN ON, ON WHAT WAS OUTSTANDING WHEN WE CAME BACK? I'D APPRECIATE IT.
SO THE PLANNING BOARD ASKED A NUMBER OF QUESTIONS AT THAT WORK SESSION ON MARCH 6TH.
UH, THE APPLICANT DID PREPARE A RESPONSE.
THERE WERE QUESTIONS RELATED TO POTENTIAL POTENTIAL TREE PRESERVATION.
THERE WERE QUESTIONS ABOUT ROCK REMOVAL, UH, AND THE EXTENT OF IT.
THERE WERE QUESTIONS ABOUT THE DRAINAGE SYSTEM AND, UH, BUFFER RELATED IMPACTS.
SO I'LL TURN THINGS OVER, UH, TO THE PROJECT REPRESENTATIVE TO DISCUSS THE RESPONSES WITH THE BOARD AND, UH, WALK IT THROUGH THE REVISIONS TO THE PLAN.
MY NAME IS MIGUEL SOFIAS WITH HEARTLAND ENGINEERING, UH, REPRESENTING THE PROJECT.
UM, SINCE OUR LAST MEETING IN MARCH, UH, WE'VE MADE, UH, A NUMBER OF REVISIONS, UH, TO THE PLANS, UH, ESSENTIALLY, UH, GOING BACK AND FORTH WITH THE TOWN ENGINEER.
UM, AT THIS POINT, UH, WE HAVE ESSENTIALLY SATISFIED ALL OF THEIR COMMENTS, UH, ALL OF, UH, THEIR COMMENTS.
UM, AND, UM, I WILL FLIP TO THAT DRAWING.
SO E ESSENTIALLY WHAT WE HAVE HERE IS THE EXISTING, THE, THE PROPOSED BUILDING IS AGAIN PERCHED ON, UH, THE, THE CENTER OF THE, THE LOT AS PREVIOUSLY SHOWN.
UM, AND I'M SORRY, IS THAT THE SAME LOCATION THAT IT SAW FROM IT? IT IS, IT IS THE SAME LOCATION, YES.
DID YOU LOOK AT, I KNOW THAT WE HAD ASKED FOR YOU TO LOOK TO SEE IF THERE WAS AN ALTERNATE CONFIGURATION.
WE, WE DID DISCUSS THAT WITH, UH, THE, THE CLIENT, UH, AND JUST DUE TO THE SITE CONSTRAINTS BECAUSE OF THE, THE, THE STEEP SLOPES ON THE EAST, WESTERN, AND SOUTHERN SIDES, UH, ESSENTIALLY THAT'S REALLY, THIS IS REALLY THE ONLY PLACE THAT WE COULD REALLY LOCATE THIS HOME.
UH, WE ARE REUTILIZING THE, THE EXISTING DRIVEWAY AS WELL, JUST AS THE, THE, THE, THE PREVIOUS PLAN.
UM, AND JUST GOING BACK TO THE, THE STORMWATER APPROACH, UH, AGAIN, IT'S THE SAME.
UH, WE ARE, UH, USING A VOLUME OF THE, UH, USING 50 YEAR STORM, UH, WHICH WAS DISCUSSED IN, IN THE PREVIOUS, UH, DISCUSSION.
AND WHAT WE ARE DOING IS DIRECTING ALL THE IMPERVIOUS AREAS, UH, TO DETENTION TANKS AND, UH, SLOWLY RELEASING THEM INTO JUST SLOWLY RELEASING THE WATER.
UM, SINCE THEN, WE ALSO DID PERFORM A SERIES OF TEST PITS.
UH, WE, WE PERFORMED THREE TEST PITS ON, UH, THE, THE NORTH SIDE OF THE SITE, THE EAST SIDE OF THE SITE, AND THE SOUTH SIDE OF THE SITE.
ALL THREE OF THOSE TEST PITS, UH, INDICATE THAT THE, THE, THE BEDROCK IS QUITE SHALLOW.
UH, THAT RANGES ANYWHERE FROM ONE AND A HALF FEET TO THREE FEET.
UM, WHICH IS ALSO EVIDENCE OF THE VARIOUS, UM, ROCK OUTCROP, UH, THROUGHOUT, UH, THE SITE.
UM, SO, UH, ANY TYPE OF INFILTRATION SYSTEM UNFORTUNATELY IS, IS NOT SOMETHING THAT, UH, CAN BE IMPLEMENTED INTO THE PROJECT.
BUT, UH, WE, WE ARE AGAIN MANAGING IT AND IS IN CONFORMANCE WITH THE TOWN ENGINEER.
THEN LET ME ASK A, A QUESTION.
YOU HAVE THE FOUR, YOU'RE CALLING THEM RETENTION BASINS.
HOW DEEP ARE THOSE? A TOTAL DEPTH OF EIGHT FEET, WHICH WOULD REQUIRE ROCK REMOVAL.
SO THEN YOU MENTIONED THAT THE WATER WOULD BE SLOWLY RELEASED.
HOW IS IT RELEASED IF IT'S IN BEDROCK? I'M JUST CURIOUS.
THEY WOULD BE AN OUTLET TO THIS.
UM, THERE WILL BE A CONTROLLED DEVICES, UH, WITH SMALLER PIPES THAT SLOWLY RELEASE THE WATER, UM, AND THEN AN OVERFLOW, UH, TO THAT.
BUT HOW DOES IT, IF YOU'RE EIGHT FEET BELOW GROUND, BELOW GROUND, HOW DOES IT RELEASE THE WATER AND WHERE'S, WHERE'S IT BEING RELEASED AND WHERE DOES IT GO AND WHERE DOES IT GO? SO THESE ARE THE, THE FOUR DETENTION TANKS.
THIS PIPE RIGHT HERE, WE'RE NOT SEEING, THAT'S DON'T, WE'RE NOT SEEING THAT.
WE CAN DO THAT OR SHOW THE DETAIL.
I DON'T KNOW HOW TO DO IT EITHER.
YEAH, THERE'S A LITTLE BIT OF A LAG, UM, THAT, THAT I JUST DREW, BUT ESSENTIALLY THERE IS, OKAY, THAT'S BETTER.
THERE, THERE IS A PIPE THAT IT'S SET AT THE BOTTOM OF THIS DETENTION TANK AND THAT WILL SLOWLY RELEASE THAT WATER.
UH, THE, WHERE DOES THAT, DOES THE PIPE GO THROUGH ROCK? HOW DOES THE PIPE GET OUT TO THE ROAD? THE, THE ROCK WILL BE TRENCHED.
THEY'RE GONNA TRENCH THE ROCK TAKE DOWN.
GONNA TRENCH IT OR YOU'RE GONNA JUST DRILL THROUGH IT
[00:50:01]
A WHOLE THROUGH.THEY'RE, THEY'RE GONNA CHIP IT OUT THE WHOLE THING.
EIGHT FEET ALL THE WAY TO ALL THE WAY DOWN.
AND WHERE'S IT ENDING UP THEN? WHERE'S IT EXIT DOWN AT THE PROPERTY LINE AND ULTIMATELY GOING DOWN INTO THE, UH, THE STREAM, THE STREAM, THE, UM, I'M SORRY, NOT THE STREAM, THE, UM, THE WATERCOURSE.
IS THERE A CATCH BASIN ON THE STREET OR NO? I BELIEVE THERE IS.
AND THAT'S IN CONNECTION WITH THE, THE WATER COURSE THAT RUNS THROUGH CORRECT.
THE LOWER PORTION OF THE SITE.
AND WHEN YOU WENT THROUGH THIS WITH ENGINEERING, THEY TOLD YOU, PROVED TO THEM THAT THERE IS NO IN INCREASE IN RUNOFF, SO, CORRECT.
SO ESSENTIALLY RIGHT NOW THE ENTIRE SITE IS JUST FREE FLOWING OFF FROM THE DRIVEWAY FROM THE HOME.
RIGHT NOW WE ARE COLLECTING IT AND REDUCING IT DOWN, UH, SLOWING IT, IT DOWN BASICALLY.
SO NO MITIGATION IN CURRENT CONDITIONS, IS WHAT YOU'RE SAYING? THE CURRENT SITUATION, THERE'S NO, THERE'S, THERE IS, THERE'S NOTHING THERE, CORRECT.
WELL, THE, AT THE END OF THE DRIVEWAY, WHERE IS THAT WATER GOING? AT THE END OF THE DRIVEWAY.
DOES IT, DOES IT GO INTO A CATCH BASING OR DOES IT GO INTO THE STREAM? WHERE DOES IT GO? COULD YOU SHOW THE PREVIOUS, UH, DIAGRAM PLEASE? YES.
THE PREVIOUS DRIVEWAY, THE ONE THAT YOU MARKED, THE RED, THE RED, IT'S SLOWLY GOING THERE.
THERE'S A LITTLE BIT OF A LAG.
OH, THEY PUT THE TRENCH, THEY PUT THE TRENCH DRAIN HERE.
SO TO, TO THE NORTH OF THE TRENCH DRAIN, WE ARE DIRECTING THE STORM WATER INTO A DRAINAGE SWALE.
THAT IS AT THE, AND AT THE BASE OF THE DRAINAGE SWALE AT THE PROPERTY LINE, WE HAVE A CATCH BASIN.
SO THE DRAINAGE SWA ITSELF IS, UM, THERE'S A DETAIL ON THE LAST SHEET, UH, THAT'S LINED WITH, UH, DRAINAGE STONE.
SO THAT ENTIRE, ALL THAT, ALL THAT, THAT SMALL PORTION OF WATER WILL BE MITIGATED BY THE DRAINAGE SWALE.
BUT WHERE AT END OF THE DRIVEWAY IT WILL, IT'LL DOES IT DRAINAGE SWAIL AT THE END OF THE DRIVEWAY TOO? YOU SAID? THAT'S CORRECT.
BESIDE THE, BESIDES THE DRIVEWAY.
BUT WHERE'S THE CATCH BASIN GOING? THE OUTLET OF THE, THE CATCH BASIN.
WHAT HAPPENS AT THE END OF THE PROPERTY IS THE QUESTION, I THINK.
THAT'S ALL LANDSCAPING FROM THE PROPERTY LINE TO THE CURB IS A, IS LANDSCAPING SWALE.
BUT WHAT HAPPENS TO THE WATER WHEN IT EXITS THE PROPERTY? WHERE DOES IT GO? THAT'S THE QUESTION.
IT HEADS DOWN TO THE, UM, THE WATER COURSE.
WHERE'S THE WATER COURSE ON? WHERE IS THE WATER PLAN? WHERE'S THE WATER COURSE? COULD YOU INDICATE WHERE THE WATER COURSE IS LOCATED? YES.
OBVIOUSLY WE WOULD LIKE TO KNOW THAT THE WATER IS NOT BEING DUMPED DOWN.
WE REQUIRE PEOPLE TO TAKE RUNNING DOWN THE, BEFORE THEY MEET WITH US FOR THIS REASON.
IT'S IN THE BACK OF THE PROPERTY THERE.
AND THEN WHERE DOES THAT, WHERE TOWARDS, WHERE DOES THAT WATER COURSE FLOW TO DO, YOU KNOW, HAVE IDEA? IT'S, HE, THERE'S NOTHING NEAR THERE, RIGHT.
THAT DOESN'T FLOW INTO TROUBLESOME BROOK DOES IT? WE DID SHOW GENTLEMEN, GENTLEMEN, MY QUESTIONS STILL NOT ANSWERED.
WHEN THE WATER LEAVES THAT CATCH BASIN GOES DOWN THE STREET, WHERE'S IT GOING? DOWN THE STREET.
RIGHT? IT GOES ALONG THE CURB TO A CATCH BASIN.
THAT'S WHAT YOU'RE SAYING? YEAH, BUT IT'S A LITTLE FUZZY.
WHAT I SEE IS THE NOT IT'S OUT OF THEIR PROPERTY LINE.
SO YOU'RE SAYING IS THAT THERE IS A LANDSCAPING AND I DON'T KNOW YOU, UH, YOU HAVE ANY, ANY JURISDICTION ON WHAT THAT THING IS AND YOU CANNOT JUST DUMP THE WATER IN.
ACTUALLY, TECHNICALLY THEY CAN.
IF, IF THE WATER IS LESS THAN THAN WHAT THE PREBUILT CONDITION IS.
THEY'RE IN COMPLIANCE WITH THE LAW.
BUT, BUT, BUT IT IS COMING OUT ON THE, ALL, ALL THE WAY TO THE PROPERTY LINE.
NOW YOU HAVE A CONCENTRATED WE NEVER, WE, UNFORTUNATELY WE DON'T LOOK AT I AGREE WITH YOU.
WE NEVER LOOK, WE NEVER LOOK AT DIRECT.
UNFORTUNATELY THE LAW, WE'VE TALKED ABOUT THIS BEFORE.
THAT'S ONE OF THE THINGS WE'VE BEEN TALKING ABOUT FOR YEARS.
IT COMES OUT, IT'S THERE, BOTTLE THERE, AND IT'S IN WINTER TIME IT COULD FREEZE AND THEN IT'S A, IT'S A PUBLIC.
WHAT ABOUT THE POSSIBILITY AT THE END, PUTTING SOME KIND OF, I DON'T, IS THERE ROCK UNDERNEATH THE, THE DRIVEWAY TOO AT THE END? DO YOU KNOW? YES.
HOW FAR DOWN IS THAT? ANOTHER JUST FOOT DOWN OR YOU DON'T KNOW.
ONE TO THREE, ONE TO THREE FEET.
IT'S, EVERYTHING'S VERY SHALLOW.
I THINK SOME KIND OF SWALE IN THERE JUST TO SLOW IT DOWN AGAIN.
LIKE SOME KIND OF DRAIN RIGHT AT THE END OF THE DRIVEWAY TO SLOW IT DOWN.
[00:55:01]
DON'T HAVE TO.'CAUSE YOU'RE GOING INTO HERE.
IT'S ALREADY BEING INTERCEPTED BY THE, THE DRAINAGE SWELL ALONG THE PROPERTY RIGHT ON THE SIDE.
CAN, CAN WE GO BACK TO THE DE TENSION TANK SYSTEM AND TALK ABOUT HOW MUCH WATER THAT'S DESIGNED TO CAPTURE IN THE FIRST PLACE? 50 YEAR STORM EVENT, WHICH YOU'RE, THE GUIDELINES IS 25 YEARS AND WE'VE INCREASED IT, WHICH IS WHAT WE'VE BEEN ASKING FOR IS FOR 50 YEARS.
SO THAT BEING THE CASE, THE WATERS THEN IS DRAINED AT A REDUCED RATE.
SO WE'RE TALKING OVER THE COURSE OF HOURS OR DAYS TECHNICALLY.
IT'S SUPPOSED TO DRAIN OUT IN, UH, 72 HOURS I BELIEVE.
SO THAT BEING THE CASE, WHAT IT'S TRYING, WHAT IT TRIES TO AVOID A FLASH FLOOD.
WHEN THEY GET TWO INCHES OF RAIN, RIGHT, RIGHT AWAY IT'S SUPPOSED TO GRAB THE WATER AND YOU KNOW, ESPECIALLY IF THE GROUND SATURATED THAT HAPPENED, THAT'S WHAT HAPPENS.
SO THAT'S WHAT IT'S SUPPOSED TO.
YOU HAVE AN ENGINEER RIGHT HERE.
NO, I I THINK THE, UH, IT COULD BE, UH, UH, HELD THAT, BUT THEN WHEN, WHEN THE REST OF THE WATER IS ON THE STREET, AND I DON'T KNOW HOW MUCH OF THAT GOES INTO THE DOWN DRAINAGE SYSTEM, NONE OF IT.
AND IT MIGHT BE EXASPERATING THE, THERE IS NO TOWN, THERE'S NO CATCH BASE IN ANY TOWN, TOWN.
STORM WATER SYSTEM ON THAT, ON THAT STREET, RIGHT? YES OR NO? NOT FRONTING OUR SITE.
THERE'S NOT EVEN A MANHOLE CLO CLOSE DOWN DOWNHILL FROM THAT.
SO THE ONLY PLACE IT RUNS IS INTO THAT WATERCOURSE.
THE ONLY QUESTION I HAVE THAT'S HEALY RIGHT THERE IS A CATCH BASIN.
SO RUNS THAT'S UP UPSTREAM, UPHILL.
SO THE POINT I WAS MAKING IS THE, THE TIME IT TAKES THE, UH, THE, WHAT DO YOU CALL THAT THING? THE DETENTION TANK? YEAH.
IT GETS INTO THE CATCH BASE AND BY THE TIME IT MAKES THE WATERCOURSE WE'RE TALKING, YOU SAID 72 HOURS.
IT, THE TANK WILL DRAIN IN THAT WAIT AT THAT RATE.
SO IT'S RUNNING FOR 72 HOURS RIGHT OUT SLOWLY.
SO CONTROL, EVEN IF IT'S GOING TO THE WATERCOURSE DOWN THE STREET, IT'S NOT GONNA BE NO, IT'S PROBABLY EXCESSIVE.
I WOULD JUST LIKE, LIKE OUR ENGINEERING DEPARTMENT.
UM, I THINK THE QUESTION IS REALLY THE CONCENTRATED FLOW INTO THE STREET.
WELL WHAT I, THAT'S MY CONCERN.
EVEN ANOTHER ONE IS I WOULD LIKE TO KNOW WHERE THAT STREAM GOES.
IS THAT, THAT'S WHAT I WAS CONCERN.
IF THAT STREAM GOES IN A TROUBLESOME BROOK, THAT COULD BE A PRO, THAT COULD BE A REAL PROBLEM.
'CAUSE HEALY HEALY IS VERY CLOSE TO TROUBLE.
JUST IT'S GOTTA GO SOME, IT EITHER GOES THERE OR TO HARD DOWN FOUR CORNERS.
I JUST, I JUST LIKE TO KNOW WHERE THAT WATER COURSE HAS TO GO SOMEWHERE.
I'D JUST LIKE TO KNOW WHERE, 'CAUSE HEALY'S UP UPHILL FROM CENTRAL AVENUE, RIGHT? IT'S UPHILL.
SO I HAVE TO SEE, I I WANT TO KNOW WHERE THE WATER'S GOING.
IT'S IMPORTANT IS, IS HAVE YOU GET THAT TOGETHER? YEAH.
IS THIS SYSTEM, I MEAN I'VE SEEN FIRST TIME, SORRY.
SO IS THAT SYSTEM BEING USED IN THE TOWN AND OUR TOWN ENGINEER APPROVES THAT SYSTEM OF, UH, I WANT A LETTER FROM, I WANT A LETTER FROM EMERGENCY, THE TOWN ENGINEER.
WE ALREADY HAVE CORRESPONDENCE AND WE'VE INCLUDED IT AS PART OF OUR RESUBMISSION.
THAT THEY, THEY, THAT THEY REVIEWED IT AND THEY'VE ACCEPTED THIS DESIGN.
AND SO ENGINEERING LOOKS AT IT FROM A PERSPECTIVE OF THE AMOUNT OF FLOW OFF THE SITE NET.
SO IT WOULD, IT WOULD ADDRESS THE CONCENTRATION THAT YOU'RE TALKING ABOUT.
NO, I'VE NEVER SEEN THIS SYSTEM SO PHYSICALLY WELL WE CAN ASK THEM THAT SPECIFIC QUESTION.
WE CAN ASK ENGINEERING THAT SPECIFIC QUESTION.
IF YOU DON'T MIND JUST GETTING CONFIRMATION.
LET ME JUST RECITE THE COMMENT BECAUSE I WANT SOME CLARITY.
ON JUNE 20TH, THE TOWN ENGINEER ISSUED A FEW COMMENTS.
ONE OF WHICH STATES THAT A SWIFT REPORT THAT IS UPDATED TO REFLECT THE UPDATED DESIGN BE PROVIDED.
HAS THAT BEEN PROVIDED? NOT YET.
WE WERE WAITING FOR THIS BOARD TO HAVE A, TO HAVE A THAT'S UNDERSTOOD.
WELL SOMETIMES IT'S DONE AT TIME.
SOMEBODY, WAS IT TOM OR YOU HAD A QUESTION ON THE TREES AS WELL? SOMEBODY HAD A QUESTION WHO TREES WASN'T.
OH, THAT WAS WHETHER THEY'D EXPLORED ANY ALTERNATE, UM, CONFIGURATIONS OF THE HOUSE.
TO TRY TO AVOID THE TREATMENT.
JUST WANNA MAKE SURE I HAVE THAT IN MY NOTES.
THIS IS WHAT I THINK WE OUGHT TO DO AT THIS POINT.
UM, I THINK THERE'S MORE INFORMATION THAT HAS TO COME IN FROM YOU THAT THE ENGINEERING DEPARTMENT HAS TO EVALUATE ANYWAY.
UM, I'D LIKE TO HAVE ANOTHER WORK SESSION ON JULY 17TH VISIT WITH
[01:00:01]
A TARGET FOR HAVING A PUBLIC HEARING ON THE SEVENTH OF, OF AUGUST, RIGHT? IS THAT YOU CAN DO THAT.YEAH, THAT'S WHAT I'D LIKE TO.
DOES THAT SOUND GOOD TO EVERYBODY? YEAH.
BECAUSE WE JUST NEED TO HAVE THE COMPLETE INFORMATION BEFORE WE DO THE PUBLIC HEARING, I THINK.
SO THE PUBLIC HEARING WOULD BE HOPEFULLY AUGUST 7TH IS WHAT WE'D BE SHOOTING FOR.
AS LONG AS YOU CAN GET THIS STUFF INTO US BY WHAT DATE DO YOU WANT IT TO CHECK? CHECK? THEY'RE PRETTY CLOSE BY THE 10TH.
TWO ENGINEERING, IF YOU CAN GET IT EVEN BEFORE, LIKE BEGINNING OF NEXT WEEK SO THEY CAN GET BACK TO US.
SO WILL COORDINATE ON THE ITEMS THAT HAVE COME UP.
WE'LL SEEK TO GET SOMETHING IN WRITING FROM THE TOWN ENGINEER THAT SAYS, I'VE ACCEPTED YOUR PRELIMINARY DESIGN SPECIFICALLY SO THAT WE CAN GET THAT OFF TO THE BOARD.
ALL THAT WORKS OUT BEFORE THE 10TH.
WE CAN COME BACK ON THE 17TH REPORT THAT AND THE BOARD AND, AND THEN WE'RE, WE'RE GONNA HAVE A, WE HAVE TO HAVE A PUBLIC HEARING ON THIS ONE, WHICH WOULD BE AUGUST, HOPEFULLY AUGUST 7TH WOULD BE THE IDEA.
AS LONG AS WE HAVE ALL THIS STUFF IN, IN PLACE ALREADY.
UH, WE'RE GONNA GO ON A PUBLIC HEARING NOW.
UM, WE'RE GONNA GO UP THERE AND BARBARA SITTING THERE FREEZING TO DEATH IT LOOK LIKE, UM, I'M SORRY, LESLIE.
UM, SO WE'RE GONNA GO UP ON THE DAY AND START THE PUBLIC HEARING.
UM, WE'RE GONNA START THE PUBLIC HEARING PORTION OF OUR MEETING TONIGHT.
UH, MR. SCHMIDT, PLEASE CALL THE ROLES CHAIRPERSON SCHWARTZ.
HERE IN OUR ALTERNATE MS. SPARKS HERE.
MR. GOLDEN'S NOT PRESENT THIS EVENING, AND MS. SPARKS IS A VOTING MEMBER, THEREFORE, 'CAUSE MR. GOLDEN ISN'T HERE.
UM, WE'RE HERE, UH, PKS 20 DASH 9 0 9 LIGHTBRIDGE ACADEMY AT 5 29 CENTRAL AVENUE.
IT'S AMENDMENT TO A SITE PLAN AND A SPECIAL USE PERMIT APPROVAL.
UM, THE BACKGROUND OF THIS, THIS IS A, A PROJECT THAT WE APPROVED YEARS AGO, UH, BUT AT THE TIME, WE WEREN'T SURE WHAT THE IMPACT WOULD BE FROM A TRAFFIC AND PARKING POINT OF VIEW.
UM, SO THAT WHAT WE HAVE DONE IS THAT WE, WHAT WE SAID AT THE TIME IS RUN, RUN THE ACADEMY, SEE WHAT HAPPENS, DO ANOTHER TRAFFIC, UH, STUDY FOR US, AND, UM, OUR ANALYSIS FOR US AND SORT OF STUDY ANALYSIS FOR US.
AND THEN COME BACK TO US IF YOU WANT TO DO, DO FULL ENROLLMENT.
AND THAT'S WHERE WE ARE TONIGHT.
UM, WHAT I'D LIKE TO DO, THERE ARE, THERE ARE SOME ISSUES THAT HAVE COME UP THAT AREN'T DIRECTLY RELATED TO THE INCREASE, UNFORTUNATELY, THAT WE NEED TO DISCUSS TONIGHT, AND WE WILL DO THAT.
UM, BUT WHAT I'D LIKE TO DO FIRST IS HAVE YOU DO A PRESENTATION.
UH, WHO DO WE HAVE FROM? UH, CAN, UH, MS. CANAL FROM, UH, FROM, UH, KINLEY HORN.
OUR TRAFFIC CONSULTANTS IS, IS WITH US TONIGHT, UH, VIA ZOOM.
SO WHAT WE'RE GONNA DO IS HAVE YOU DO YOUR PRESENTATION, GET LET KILLING HORN, GIVE THEIR, THEIR ASSESSMENT OF THE TRAFFIC IMPACT OF THIS.
AND THEN THERE WAS SOME DISCUSSIONS.
I KNOW THEY WERE BROUGHT UP BY MEMBERS OF THE COMMUNITY, UH, THAT WE NEED TO ADDRESS AS WELL, THAT SINCE WE'RE REVISING THE THING, WE MIGHT AS WELL CLEAN EVERYTHING UP AT ONCE, AND THAT'S WHAT WE WANT TO DO.
SO WHY DON'T YOU PRESENT THE PROGRAM FIRST? THANK YOU.
YOU HAVE TO GIVE YOUR NAME FIRST AND THEN, YES.
GOOD EVENING, MR. CHAIRMAN AND MEMBERS OF THE BOARD TOWN STAFF.
MY NAME IS MATTHEW DUDLEY, ATTORNEY WITH THE LAW FIRM OF HARRIS BEACH, PLLC, COUNSEL FOR THE APPLICANT, 5 29 CENTRAL PARK AVENUE, LLC AS CHAIRMAN SCHWARTZ EXPLAINED.
UM, TONIGHT WE'RE HERE FOR A PUBLIC HEARING, UH, FOR AMENDED SITE PLAN AND SPECIAL PERMIT APPROVAL.
UH, WE WERE LAST BEFORE YOUR BOARD IN 2020 WHEN WE, UH, OBTAINED SPECIAL PERMIT SITE PLAN APPROVAL AND OTHER APPROVALS.
UH, AND AT THAT TIME, THE, THE APPLICANT, 5 29 CENTRAL PARK AVENUE AGREED TO LIMIT IT.
THE SITE IS FOR A CHILD DAYCARE FACILITY THAT'S OPERATING AS LIGHTBRIDGE ACADEMY, UH, AGREED TO FREEZE.
ITS EN ENROLLMENT FOR AT 105 FTE CHILDREN.
THAT'S FULL-TIME EQUIVALENT CHILDREN, UH, MEANING, UH, ONE CHILD FULL-TIME THE ENTIRE WEEK, OR TWO CHILDREN, ONE CHILD MONDAY, WEDNESDAY, FRIDAY, THE OTHER TUESDAY, THURSDAY, OR TWO CHILDREN, ONE IN THE MORNING, ONE IN THE AFTERNOON.
UM, AND, AND LIKE I SAID, WE AGREED TO, UH, FREEZE OUR ENROLLMENT AT 105 FTE CHILDREN.
AND AT THE TIME THAT WE NEARED THAT AMOUNT TO CONDUCT A SUPPLEMENTAL TRAFFIC IMPACT STUDY AND SITE-WIDE PARKING UTILIZATION, UH, STUDY CALCULATION,
[01:05:01]
UH, WHICH, UH, WE HAVE DONE.AND THAT'S THE REASON FOR US BEING BEFORE YOUR BOARD TONIGHT.
UM, WE WERE, WE, WE APPEARED BEFORE YOUR BOARD LAST MONTH AT THE JUNE 5TH PLANNING BOARD MEETING FOR A WORK SESSION.
UH, THE PLANNING BOARD ISSUED A RECOMMENDATION, UH, POSITIVE RECOMMENDATION TO THE ZONING BOARD IN FURTHERANCE OF, OF OUR APPLICATION BEFORE THAT BOARD FOR ONE AREA VARIANCE, UH, FOR OFFERING LESS THAN THE MINIMUM REQUIRED NUMBER OF OFF STREET PARKING SPACES.
UH, WE WERE, UH, WE APPEARED BEFORE THE ZBA AT ITS JUNE 20TH MEETING FOR A PUBLIC HEARING ON THAT AREA VARIANCE APPLICATION.
UH, THE, THE ZONING BOARD CLOSED THE PUBLIC HEARING, AND IT'S ON FOR A DECISION AT ITS NEXT, UH, MEETING IN, UH, I BELIEVE THAT'S LATE JULY.
UH, AS I PREVIOUSLY MENTIONED, COLLIER'S ENGINEERING IS, IS THE APPLICANT'S ENGINEER OF RECORD, I BELIEVE WE HAVE ON VIDEO, UH, MATT RYAN, WHO'S FILLING IN FOR JESSE COLEY TODAY, AND ALSO MICHELLE BRI HOFF, WHO IS THE TRAFFIC CONSULTANT WITH COLLIERS.
UH, WE, WE SUBMITTED THAT UPDATED TRAFFIC STUDY IN SITEWIDE PARKING UTILIZATION, UH, CAL CALCULATION, WHICH WAS REVIEWED, REVIEWED BY THE TOWN STAFF AND, UH, OUTSIDE CONSULTANT FROM KINLEY HORN, MR. JOHN CANNING.
UH, MR. CANNING ISSUED A MEMORANDUM, UH, UH, INTERPRETING AND GIVING HIS COMMENTS TO THOSE STUDIES, AS WELL AS THE, UM, TIME LAPSE VIDEO THAT WE, THAT THE APPLICANT PROVIDED OF THE PARKING LOT ON A, UH, I THINK IT WAS MARCH 12TH, 2024, UM, TO SHOW THE TRAFFIC PATTERNS OF CARS PULLING INTO THE SITE, PARKING TO DROP OFF CHILDREN, AND LEAVING, UH, THE SITE.
AND IT GIVES A GOOD, UM, IDEA OF, OF THE AMOUNT OF TRAFFIC THAT CURRENTLY EXISTS AT THE PROPERTY, UH, WHEN WE'RE NEARING CLOSE TO 105 FTE CHILDREN, UH, UH, CURRENTLY.
UM, UH, KINLEY HORN'S MEMORANDUM, JUST TO SUMMARIZE IT, UH, BASICALLY SAID THAT THEY, THEY, THEY BELIEVE BASED ON THE STUDIES THAT, UH, THE PARKING IS WORKING WELL FOR, FOR THE SITE, AND THAT THEY SEE NO REASON WHY TO NOT GRANT THE REQUESTED AMENDED SPECIAL PERMIT AND SITE PLAN APPLICATION THAT'S BEFORE YOUR BOARD.
UH, NOW, UM, IF YOU HAVE ANY QUESTIONS FOR ME, I'M HAPPY TO ANSWER THEM NOW, OR IF YOU WOULD LIKE TO ASK ANY MORE SPECIFIC QUESTIONS FOR THE ENGINEERS THAT WE HAVE VIRTUALLY, UH, WE WELCOME YOUR, YOUR QUESTIONS.
I, I THINK AT THIS POINT, WHAT I'D LIKE TO DO IS HAVE OUR TRAFFIC CONSULTANT GIVE THEIR OPINION, THEN COME BACK TO THE BOARD, UH, WITH QUESTION, THE BOARD'S QUESTIONS.
AND THEN OBVIOUSLY IF THERE ARE PEOPLE IN THE AUDIENCE WHO, UH, I KNOW THERE WAS A PIECE OF CO AT LEAST ONE PIECE OF CORRESPONDENCE OR TWO PIECES, I'M SORRY, TWO PIECES OF CORRESPONDENCE THAT WE RECEIVED.
UH, AND AT LEAST ONE OF THE PEOPLE I SEE IN THE AUDIENCE TONIGHT, I DON'T KNOW IF THE OTHER ONE'S HERE OR NOT.
SO I WANT THEM TO SPEAK AS WELL AS ANYBODY ELSE IN THE PUBLIC.
BUT RIGHT NOW, WHY DON'T WE GO TO MS. CANAL WHO'S STANDING IN FOR JOHN CANNING, RIGHT? CORRECT.
UM, YEAH, ANDREA CANAL WITH KIMLEY HORNE.
UM, YES, WE, SO WE LOOKED AT THE UPDATED TRAFFIC STUDY AND, UM, IT LOOKED AT, UH, NEW COUNTS OF THE DRIVEWAYS.
IT CONDUCTED COUNTS OF THE DRIVEWAYS, THE DRIVEWAY, SORRY.
AND IT ALSO COUNTED THE PARKING LOT TO SEE WHAT THE PEAK, UH, PARKING DEMAND WOULD BE.
AND OUR STUDY FOUND THAT THE, UM, TRAFFIC COUNTS AT THE DRIVEWAY SHOWED THAT THE TRIP RATE OF THE THE DAYCARE CENTER IS ACTUALLY LOWER THAN WHAT WAS PROJECTED IN THE ORIGINAL STUDY BACK IN 2020.
SO THE ORIGINAL STUDY WAS CONSERVATIVE FROM A TRAFFIC GENERATION STANDPOINT.
UM, AND THE PARKING, UM, COUNTS THAT THEY DID, UH, IDENTIFIED 18 VEHICLES, UH, PARKED AT THE PEAK TIME.
UM, AND THEY PROJECTED THAT TO THE FUTURE TO, IF, YOU KNOW, WITH THE FULL ENROLLMENT OF 152 STUDENTS, UH, AND FOUND THAT, UM, THERE WOULD BE, I THINK UP TO 37, UM, PEAK, UH, DEMAND FOR PARKING.
SO SUFFICIENT PARKING WE FOUND, UM, BASED ON, ON THEIR COUNTS AND THEIR, UH, TRAFFIC STUDY.
UM, THE OTHER QUESTION, UH, I THINK IS REGARDING THE EMPLOYEE SPACES, IF YOU WANNA DISCUSS THAT NOW.
UM, THERE WERE, THERE'S THREE SPACES THAT WERE ORIGINALLY THOUGHT WE SHOULD PUT THEM NEAR THE AREA OF THE GREATEST ACTIVITY WITH THE DROP OFF AND PICK UP, UM, AT THE FACILITY.
YEAH, THE THREE, UM, YEAH, RIGHT THERE.
SO THE VIDEO THAT WAS SHARED BY THE APPLICANT, UM, ESSENTIALLY SHOWED THAT IT'S REALLY ONLY PARENTS
[01:10:01]
THAT ARE USING THOSE SPACES, NOT EMPLOYEES.UM, AND GIVEN THAT THERE, THERE WAS NO OBSERVED ISSUES WITH PARENTS USING THAT AS A DROP OFF AREA, UM, WE THOUGHT THAT THAT RESTRICTION TO EMPLOYEE ONLY COULD BE LIFTED, UM, AND JUST USED FOR PARENT DROP OFF AND PICKUP.
SO, SO ESSENTIALLY AS, AS MR. DUDLEY SAID, WE DID FIND THAT, UM, BASED ON THE STUDIES, THEY PROVIDED THE ANALYSIS THAT IT WOULD APPEAR THAT, UM, ALLOWING THE INCREASED ENROLLMENT WOULD BE ACCEPTABLE.
THANK YOU VERY MUCH, MUCH MS. CANAL.
THANK YOU FOR, UH, BEING HERE TONIGHT.
UM, SHOULD WE BRING UP THE OTHER QUESTIONS NOW? I KNOW, I WONDER IF WE SHOULDN'T HAVE, UH, MR. SENIOR COME UP AND DISCUSS SURE.
AND WE'LL DISCUSS ALL THE QUESTIONS.
AND THEN WE'LL DISCUSS ALL THE QUESTIONS AT ONCE.
IF THE BOARD HAS ANY BEYOND THAT.
ARE THERE ANY QUESTIONS FROM THE BOARD FOR MR. CANAL? NO.
YEAH, MR. SENIOR, IF YOU COULD COME UP AND DISCUSS, UH, WHAT YOU HAD HAD, UH, DONE.
UM, YEAH, ELLIOT
THE PROPERTY TO THE FRONT, UH, WE DON'T REALLY HAVE A, A LOT OF PROBLEMS WITH, UH, USING IT AS LIGHTBRIDGE OR, OR THE VARIANCES THAT ARE SOUGHT.
UH, THERE'S A COUPLE OF ISSUES THAT WE DO HAVE, UH, TAKE EXCEPTION TO, UH, ONE OF THEM IS, IS THAT THEY'RE NOT BASED THE SITE PLAN ON AN AS-BUILT CONDITION.
UH, WE KNOW THAT, UH, FROM THE PICTURES THAT WE SENT, UH, THE GUARDRAIL, UH, WASN'T, UH, WASN'T BUILT AS ORIGINALLY PROPOSED.
IT, IT, THEY SINCE EXTENDED IT ON THIS TO A POINT, UH, CLOSER TO THE CORNER.
UM, BUT IF, IF THE GUARDRAIL IS THERE TO PROTECT CARS FROM GOING OVER THE WALL, WHY ISN'T IT THE FULL, THE FULL AMOUNT? AND THE REASON BEING IS BECAUSE AS YOU GET CLOSER TO THE CORNER, YOU'RE GONNA REDUCE THAT AREA TO LESS THAN 24 FEET, MAYBE 20, 21 FEET, AND THEY DON'T WANNA LOSE THAT PARKING IN THE FRONT.
UM, BUT I THINK THAT WOULD BE THE PROPER THING TO DO, IS TO LOSE THAT, THOSE, THOSE PARKING SPACES AND ASK, HAVE A MASK FOR A BIGGER VARIANCE.
THEY, THEY, THEY'RE PROBABLY GONNA GET IT.
IT'S NOT LIKE, UH, UH, AS THE, AS THE REPORTS SHOW THAT THEY NEED THE SPACE.
UM, AND, AND, AND THAT PICTURE, THE WHAT SUBMITTED ISN'T THE AS BILL CONDITION, THAT WALL, AND ONE OF THE PICTURES THAT WE SUBMITTED IS MORE OF A CURVE THAN A 90 DEGREE TURN, AND IT'S ALREADY BEEN HIT BY SOMETHING, UM, WITHOUT IT, WITHOUT THE BENEFIT OF A GUARDRAIL.
SO WE'RE REALLY NOT SURE WHY, UH, THEY DON'T WANNA EXTEND THAT GUARDRAIL TO PROTECT ALL THE CARS.
THE CLOSEST PART IS, IS THAT CORNER WHERE THERE'S MORE SUSCEPTIBLE FOR GOING OVER THE WALL.
SO HOW HIGH IS THE WALL? UM, IT'S ABOUT SIX FEET.
SO HOW WOULD THEY GO OVER IT? WELL, THEY'RE BACKING UP FROM THOSE SPACES WITHOUT THE BENEFIT OF PROTECTION FROM THE WALL.
IS, IS, IS A RETAINING WALL FACING THE, THE, THE FACING, THE, THE, THE PARKING LOT SIDE IS ONLY A COUPLE INCHES ABOVE THE CURB.
IS THAT TRUE? ALL THE WAY UP TO THE FRONT? I THOUGHT IT GOT FLATTER.
I MEAN, AS YOU GET GO DOWN THE DRIVEWAY, IT BECOMES A ZERO.
BUT AS YOU GO UP TO, DO YOU KNOW HOW FAR DOWN THE DRIVEWAY WHERE THAT THAT HAPPENS? UH, HOW FAR DOWN THE DRIVEWAY? YEAH.
IT'S PROBABLY HALFWAY BETWEEN THE END OF THE WALL AND THE, AND THE STOP LINE.
IN THAT AREA, YOU'RE JUST WORRIED ABOUT SOMEONE COMING DOWN THERE AND SAY AT NIGHT OR SOMETHING, AND JUMPING THAT, JUMPING THE CURB YEAH.
AND ENDING UP IN YOUR, IN YOUR CLIENT OR IN THE WINTER TIME AT THREE O'CLOCK WHEN IT'S DARK, YOU KNOW, SKI, SKI SKI OR SKIDDING OFF OF THAT.
SO WE'RE NOT REALLY SURE WHY THEY DON'T WANNA BRING THAT YEAH.
UH, ALL THE WAY AROUND, UH, EXCEPT THAT THEY'LL LOSE SOME MORE PARKING SPACES.
I, I MEAN, IT RAISES A QUESTION IN MY MIND.
CAN THERE BE A GUARD GUARD RAIL ON THE WALL OR SOME OTHER BUILD UP THE WALL, SOME OTHER, YOU KNOW, MECHANISM TO KEEP IT SAFER WITHOUT EXTENDING INTO THE PARKING LOT? RIGHT.
AND WE DO HAVE OUR BUILDING INSPECTOR'S OFFICE REVIEWING THE MATTER.
UM, WE'RE GONNA HAVE COORDINATION AMONGST THE BUILDING INSPECTOR'S OFFICE, THIS BOARD, AS WELL AS THE APPLICANT.
SO CONTINUE TO STAY IN TOUCH WITH MY OFFICE AND WE'LL GIVE YOU UPDATES AS THEY'RE AVAILABLE.
UM, JUST TO ADD A LITTLE BIT OF BACKGROUND, THIS IS A SEGMENTAL LOCK, UH, BLOCK WALL.
AND SO IT HAS NO REAL STRUCTURAL STABILITY.
THE STRUCTURE THAT RETAINS THE DIRT IS THE GEOGRID THE FABRIC BEHIND IT.
[01:15:01]
OF THE WALL, THOUGH.THE, THE BLOCKS AREN'T EVEN CEMENTED IN PLACE.
MAYBE THE TOP COURSE IS GLUED ON, BUT THE REST OF THE BLOCKS ARE JUST, UH, GRABBING.
SO YOU'RE SAYING THAT RAILS WOULD HAVE TO BE IN, IN FRONT OF A WALL? YEAH.
OR THEY COULD REPLACE THAT SECTION WITH SOMETHING ELSE.
POTENTIALLY THEY'D HAVE TO REPLACE THE WHOLE WALL.
OR COULD THEY DRILL? COULD THEY DRILL DOWN JUST, JUST AT THE EDGE OF THE WALL TO, TO HIT HIT? WELL, GENERALLY THE MANUFACTURER SAYS THAT ANY GUIDE RAIL SHOULD BE THREE FEET FROM THE FACE BECAUSE THERE'S NO REAL, UM, UM, RESISTANCE FROM A, FROM A FENCE POST.
UM, IF THEY, THEIR ENGINEER CAN, THEIR ENGINEER CAN CERTIFY WHATEVER HE IS, YOU KNOW, IS CAPABLE OF CERTIFYING TO WHATEVER HE WANTS, BUT WE JUST DON'T UNDERSTAND WHY THEY DON'T PROTECT THE ENTIRE WALL FROM, YOU KNOW, MISHAPS.
ANYTHING ELSE, ELLIOT? UM, YES.
THE OTHER THING WAS, UH, WE'RE NOT REALLY, THEY DON'T, UM, YES, UH, OH, THE CROSS, THE, UH, CROSSWALK THAT GOES TO NOWHERE.
SO THERE'S A CROSSWALK THERE, PAINTED CROSSWALK.
UM, I'M NOT SURE HOW PEOPLE ARE GONNA WALK UP THE SIDEWALK, WALK ACROSS THAT, AND THEN INTO NOTHING.
UM, IT WOULDN'T BE THAT MUCH OF A PROBLEM TO EITHER GUIDE IT TO THE AREA WHERE THE HANDICAP SPOT IS AND CREATE THAT AS A WALKWAY.
BUT RIGHT NOW, IT ENDS RIGHT BEHIND THE CAR THAT'S GONNA BE BACKING OUT AND NOT SEEING ANYBODY IN THE, IN THE, UH, IN THE CROSSWALK.
UM, IF THEY END UP REMOVING SOME OF THOSE PARKING SPACES, YOU'LL HAVE MORE SPACE FOR A WALKWAY TO GET TO THE ACTUAL, UH, VESTIBULE AREA THAT, THAT FRONT PATIO.
SO, YOU KNOW, IT, IT MAY HAVE BEEN APPROVED THAT WAY, BUT THAT DOESN'T MEAN THAT WE WANT TO CONTINUE TO HAVE A PROBLEM WITH THAT.
UM, AND THEN I GUESS THE OTHER, ONLY OTHER QUESTION WAS WHEN THEY DID THEIR, THEIR, UH, TIME LODGE VIDEO ON MARCH 12TH, HOW MANY STUDENTS WERE ACTUALLY IN THE BUILDING AT THAT TIME? THEY DON'T REALLY SAY THAT IN THERE.
DID, DID THE APPLICANT ANSWER THAT FOR YOU? YEAH.
UM, THOSE WERE, IT, I MEAN, IT'S, IT'S OKAY.
WE DON'T NECESSARILY OBJECT TO THE, TO THE PROJECT.
AND IF THEY WANTED TO GET A BIGGER VARIANCE, WE DON'T OBJECT.
WE'RE NOT OBJECTING TO THAT FOR THEM GETTING A, A VARIANCE FOR PARKING SPACES.
BEFORE WE GO ON, I JUST WANNA MAKE, MAKE SOMETHING CLEAR.
UM, GIVEN THAT WE DON'T REALLY HAVE AN, AS AN AS-BUILT PLAN IN FRONT OF US NOW, UM, ONE THING THAT WE'RE GOING AS BUILT SURVEY, I'M SORRY, IN FRONT OF US ALL THE, WHAT WE'RE VIEWING ON IS NOT WHAT ACTUALLY IS, DOESN'T REPRESENT EXISTING CONDITIONS.
SO BECAUSE OF THAT, WE WILL BE, BE HOLDING IT.
WE'RE GONNA HAVE TO HOLD THIS OVER NO MATTER WHAT WE, WE HAVE TONIGHT.
I JUST WANTED TO GET THAT CLEAR TONIGHT THAT IT WILL BE HELD OVER UNTIL WE HAVE THOSE PLANS.
AND THE BUILDING INSPECTOR HAS REVIEWED, REVIEWED THOSE PLANS AS WELL.
I JUST WANT TO GET THAT THROUGH.
MS. CANNELL, CAN YOU SPEAK, UM, TO THE, UH, QUESTION MR. SENIOR HAD ABOUT THE CROSSWALK FROM YOUR PERSPECTIVE, PLEASE? UM, YEAH, SURE.
AGAIN, UM, YOU KNOW, LOOKING AT THAT VIDEO, WE SAW NOBODY THE ENTIRE DAY USING THAT CROSSWALK.
UM, YOU KNOW, THE CROSSWALK, BASICALLY, IT'S, IT'S A COUPLE OF THINGS.
SO IT, IT WARNS DRIVERS, UM, THAT ARE PASSING THAT WAY THAT THERE COULD BE PEDESTRIANS WITHIN THE CROSSWALK.
AND IT ALSO CAN BE USED AS A GUIDE FOR PEDESTRIANS.
LIKE, THIS IS WHERE YOU SHOULD CROSS.
UM, SO I KNOW THERE ARE SUGGESTIONS, MAYBE MAKING IT GO A LITTLE FURTHER TO THE WEST AND THEN CONNECTING INTO, UM, WHERE THE HANDICAP, UH, STRIPING IS.
SO THEY'RE BASICALLY AS IT AS SLOW A WAY OF SLOWING THE CARS DOWN, IS WHAT YOU'RE SAYING? IT'S, IT'S, YEAH.
IT'S A NOTIFICATION THAT THIS IS A PEDESTRIAN CROSSING.
AND, AND WE DIDN'T SEE A LOT OF, WE DIDN'T SEE ANY PEDESTRIANS ON THAT DAY.
COULD BE, YOU KNOW, MAYBE THAT OKAY, OTHER DAYS HAVE MORE PEDESTRIANS, BUT WE DID NOT SEE ANY, AND WE HAVE NOT HEARD OF ANY ISSUES WITH, UM, PEDESTRIANS CROSSING.
THANK YOU MS. CANO, BEFORE WE GO TO, UH, THE PUBLIC, ARE THERE ANY OTHER QUESTIONS RIGHT NOW FROM THE BOARD? YEAH, I HAVE A QUESTION.
YOU KNOW, I THINK THERE IS A, UH, OTHER WAY TO PUT THE GUARDRAILS ON THE, ON THIS EXISTING WALL.
THEY CAN SORT OF MODIFY IT OR YOU CAN PUT A, UH, RACK, UH, THE STEEL OR, OR, OR THE PIPE STRUCTURES TO, TO KIND OF GET THE, GET THE, UH, UH, UH, GET ALL THESE LOW LOAD OFF OF THE ACTUAL, UH, ACTUAL
[01:20:01]
KIND OF WALL.AND YES, I AGREE WITH YOUR, THAT MOST OF THESE SEGMENTAL WALLS ARE NOT MEANT TO BE HOLD ANY, UH, UM, ANY, ANY RAILING TO A, TO A POINT WHERE IT'S GOING TO, A PURPOSE IS TO STOP THE CARS HITTING IT, UH, PER, UH, PEOPLE.
THERE, THERE IS LIKE A, JUST A, IT'S A, IT'S ABOUT 200 FEET, UH, CRITERIA FOR THE, UH, WALL SO THAT THEY, THEY, THEY ALLOW IT.
BUT FOR THIS ONE, I THINK, UH, BEST THING IS TO HAVE A, UH, HAVE THE, UH, SOME SORT OF, UH, UH, ADDITIONAL MODIFICATION THAT ALLOWS THEM TO PUT THIS, UH, GUARDRAIL ON THE, ON, ON THE WALL, WHICH WOULD BE MORE EFFECTIVE IN ANY CASE.
OR, OR JUST BUILD IT UP, UH, THREE FEET HIGH SO THAT THE, UH, CARS WILL HIT THAT ONE.
AND RATHER THAN HITTING THE THINGS, AND I AGREE WITH THAT, IT'S A, IF, IF THERE IS A, THE THREE PARKING SPOTS ARE FROM THE BEGINNING WAS A REALLY, UH, VERY OR BACKING IN, BACKING OUT.
AND, UH, WHILE YOU'RE GONNA BE, UH, PROVIDING US ALL REST OF THE OTHER INFORMATION, IT MAY BE A GOOD IDEA TO, UH, LOOK INTO IT.
AND I AGREE WITH
SO 46 IS PROVIDED, I UNDERSTAND RIGHT.
IF I MAY JUST RESPOND TO THAT BRIEFLY.
UM, INITIALLY, WHEN, WHEN THE APPLICANT APPLIED FOR A BUILDING PERMIT TO CONSTRUCT THE, THE RETAINING WALL, UH, THE, THE INITIAL DESIGN HAD INTENDED TO PUT A GUIDE RAIL ON TOP OF, WITHIN THE WALL, A PROTRUDING, YOU KNOW, ABOVE THE ELEVATION OF THE WALL.
UH, THE, THE MANUFACTURER OF THE WALL DID NOT RECOMMEND THAT.
SO THEY MADE A FIELD CHANGE TO PLACE THE GUIDE RAIL ON OUR SIDE OF THE PROPERTY IN FRONT OF THAT RETAINING WALL.
AND THAT HESITATED, UH, THE NEED TO SHORTEN THE GUIDE RAIL DUE TO THE, UH, WIDTH OF THE DRIVE AISLE.
UH, THE BUILDING PERMIT WAS ISSUED, AND THE WALL AND GUIDE RAIL WERE INSTALLED PRIOR TO THE BUILDING DEPARTMENT'S FINAL INSPECTION FOR THIS CERTIFICATE OF OCCUPANCY IN OCTOBER, 2022.
UM, SO, UH, THE, THE BUILDING INSPECTOR, UH, HAD THAT BEFORE THEM WHEN THEY ISSUED THE CO YEAH.
BUT I THINK YOUR ENGINEERS WOULD UNDERSTAND WHAT SENIOR WAS, UH, SAYING SINCE HE'S ALSO ENGINEER AND, AND HE UNDERSTAND THAT.
SO I THINK GIVEN, GIVEN WHAT WE'VE HEARD AND LOOKING AT THE PICTURE, SOMETHING NEEDS TO BE DONE.
I THINK THERE ARE PROBABLY CREATIVE SOLUTIONS THAT CAN BE DONE WITHOUT, I'D RATHER NOT.
SEE YOU HAVE A, SEE YOU HAVE A VARIANCE OF 24 FEET IS A KIND OF STANDARD ROAD, AND YOU HAVE PEOPLE GOING IN AND OUT AT THE SAME TIME.
SO, YOU KNOW, YOU CAN GET AWAY WITH 20 FEET.
BUT THAT'S WHY DO YOU WANT TO DO THAT IF YOU DON'T HAVE TO? I THINK YOU NEED TO TALK TO YOUR, YOUR, SOME ENGINEERS, UH, AS WELL AS OUR DEPARTMENT OF IF THERE'S A CREATIVE SOLUTION.
FOR EXAMPLE, YOU'VE GOT SOME ROOM BETWEEN THE FENCE AND THAT WALL, JUST ABOUT FOOT AND A HALF, I THINK.
COULD YOU POSSIBLY PUT PILINGS ON THE OTHER SIDE OF THE WALL AND HAVE THE THING COME OVER THE WALL? THAT'S ONE IDEA.
REMEMBER, JUST ENOUGH TO DETER THE CAR FROM GOING OVER.
THEY'RE NOT GONNA BE GOING 60 MILES AN HOUR.
THE SECOND THING IS YOU'VE GOT A BERM BETWEEN THE WALL AND THE DRIVEWAY ITSELF.
RIGHT NEXT TO, I KNOW IT'S NOT THREE FEET AWAY.
BUT YOU'VE GOT A BERM THAT'S PROBABLY A FOOT AND A HALF, TWO FEET.
WHY COULDN'T YOU, INSTEAD OF PUTTING IT OUTSIDE THE BERM, LIKE YOU HAVE IT NOW IN THE PICTURE, WHY NOT MOVE IT ONTO THE BERM? YOU DON'T LOSE ANY, ANY, ANY USABLE, UM, DRIVEWAY SPACE.
UH, I'M JUST CONFUSED AS TO WHERE THE, WHERE THE BERM IS AND THE CURB.
DO YOU HAVE THE PIC? CAN YOU PUT THE, THE PICTURE UP CURB? THE CURB, THE ASPHALT CURB AS THE ASPHALT CURB.
INSTEAD OF HAVING ASPHALT CURB.
WHY COULDN'T THAT BE A, IT'S NOT PERFECT, BUT IT WOULD STILL WORK AND SAVE YOU A COUPLE OF FEET.
AS I SAID, I'M NOT THE ENGINEER HERE.
I'M NOT GONNA RECOMMEND ANYTHING.
I'M JUST SAYING I GOTTA BELIEVE THERE'S A CREATIVE SOLUTION TO FIXING THIS, WHICH WE'D LIKE TO SEE YOU COME BACK WITH BY OUR NEXT MEETING, IF AT ALL POSSIBLE.
I'M LOOKING AT THE PICTURES FROM, UM, FROM ELLIOT.
AND THE VERY FIRST ONE, YOU HAVE THE GUARDRAIL,
[01:25:02]
YOU HAVE THE RETAINING WALL.THAT DOESN'T SOUND LIKE IT'S TOO STRONG, BUT JUST BEYOND THAT I SEE ANOTHER GUARDRAIL.
IS THAT, AM I INTERPRETING THIS PICTURE? IT LOOKS LIKE A GUARDRAIL.
SO I'M CURIOUS IF I CHECK, FIRST OF ALL, IS THAT PART OF YOUR PROPERTY? THAT'S NOT.
I MEAN, THERE'S A CURRENT LAWSUIT ABOUT, ABOUT THAT GUARD RAIL GUARD THAT OTHER GUARDRAIL AND THE CHAIN LINK FENCE.
WELL, WELL, THE GUARDRAIL DOESN'T PROTECT THAT GUARDRAIL DOESN'T PROTECT ANYTHING EXCEPT FOR GOING INTO, INTO THAT FENCE.
SO I WOULDN'T, I WOULDN'T DO THAT.
BUT I THINK THERE'S MAYBE A CREATIVE SOLUTION TO LIMIT.
I DON'T LIKE LIMITING DRIVEWAY THE SIZE OF DRIVEWAY A ACCESS, IF AT ALL, IF IT CAN BE AVOIDED.
HOWEVER, THAT HAVING A RETAINING WALL WHERE SOMEBODY CAN EASILY GO OVER IT IS NOT A GOOD IDEA BECAUSE FOR LOTS OF REASONS YOU CAN SKID OVER IT.
SOMEBODY COULD DECIDE THEY'RE GONNA TURN AROUND ALL OF A SUDDEN THAT, THAT THEY, THEY WENT THE WRONG WAY AND GO OVER IT.
'CAUSE I HAVE A BIG WALL BY MY HOUSE, WHICH BEEN HIT WHOLE A BUNCH OF TIMES AND IT'S IN THE TIGHTEST PART OF THE DRIVEWAY.
SO IT'S IN THE TIGHTEST PART OF THE DRIVEWAY.
SO THAT'S WHAT I WOULD DO THERE.
ANYTHING ELSE FROM THE BOARD BEFORE WE GO TO THE PUBLIX? JUST, JUST ONE THING.
I DON'T BELIEVE IN THAT LOCATION WHERE THE GUIDE RAIL IS MISSING.
I DON'T BELIEVE THAT THE ELEVATION CHANGE BETWEEN OUR PROPERTY AND THE NEIGHBOR'S PROPERTY IS FOUR TO SIX FEET.
I THINK IT'S SOMETHING LESS THAN THAT.
I THINK THE FOUR TO SIX FEET IS LIKELY TOWARDS THE PLAYGROUND IN THE, IN THE BACKGROUND OF THAT PHOTO THAT'S ON.
IT'D BE GOOD TO BRING THAT INFORMATION NEXT TIME.
THE BUILDING INSPECTOR IS REVIEWED.
BUT HAVING YOU SAID THAT, OKAY, I HAVE A DRIVEWAY WHERE PEOPLE TURN AROUND.
SO PEOPLE TRY TO TURN AROUND IN MY DRIVEWAY, WHICH IS STEEP.
THE FACT THEY GO OFF AND THEY HAVE A TENDENCY TO GO OFF OF MY DRIVEWAY INTO MY FRONT YARD.
THE FACT IT'S NOT SIX FEET FROM MY DRIVEWAY INTO MY FRONT YARD STILL HAS A CAR SITTING IN MY FRONT YARD.
SO THE OBJECTIVE ISN'T JUST FOR IT TO BE SIX FEET, EVEN IF IT'S ONLY A FOOT AND A HALF.
IF YOU GET A CAR CAUGHT ON THAT, YOU DON'T WANT TO GET A CAR OVER THAT, THAT WALL AND CAUGHT THERE.
THAT WHAT'S EVEN FOR THEIR OWN PEOPLE, YOU DON'T WANNA GET CAUGHT, CAUGHT THAT YOU WANT TO KEEP THEM FROM DOING THAT.
IF THEY'RE GONNA GO OFF, LET 'EM DENT THEIR CAR INTO A ANTI SOME CART OR GUARDRAIL.
SO THERE'S A REASON WHY, WHY THAT GUARD RAIL MAKES SENSE.
EVEN IF I HAD THE SAME QUESTION, 'CAUSE I KNOW AS YOU COME FORWARD IT, THERE'S LESS OF A SLOPE, BUT THERE'S STILL THE POSSIBILITY OF SOMEONE GOING OFF OF THAT.
I'M HAPPY TO COORDINATE A MEETING WITH OUR BUILDING INSPECTOR'S OFFICE AND THE APPLICANT TO TRY AND FIND A CREATIVE SOLUTION, AS YOU MENTIONED.
ANYBODY ELSE? AMANDA HAS A QUESTION.
ONE, I THINK WE TALKED ABOUT, UH, THE DRAIN INLET NOT BEING SHOWN, RIGHT? YES, WE DID.
SO THAT'S GONNA BE PICKED UP IN THE AS-BUILT SURVEY.
IT WAS MODIFIED ANOTHER OR FURTHER FIELD CHANGE, BUT I DISCUSSED THAT WITH MR. DUDLEY.
UH, THE ONLY OTHER THING I WANTED TO MENTION IS THAT SOME ADDITIONAL CORRESPONDENCE CAME IN THIS AFTERNOON FROM MR. DIMO THAT WAS FORWARDED TO THE PLANNING BOARD, FORWARDED TO THE APPLICANT AND MADE PART OF THE OFFICIAL RECORD FOR THE PROJECT.
SO I JUST WANTED TO STATE THAT ON THE RECORD.
IT IT CAME THROUGH VIA EMAIL, UH, LATE TODAY.
FOR MEMBERS THAT DID NOT SEE THAT.
AND THE OTHER THING IS, UM, TOWN STANDARDS 26 FEET, NOT 24 FEET WIDE.
JUST CORRECT THAT THAT'S A ROADWAY.
AND THANK YOU FOR MENTIONING THAT BECAUSE THIS IS AN INTERNAL DRIVE.
WHICH IS DIFFERENT FROM A ROADWAY.
SO THAT'S WHY WE HAVE OUR BUILDING INSPECTOR LOOKING INTO IT.
TO MAKE SURE THAT IT'S CODE COMPLIANT.
ANY OTHER QUESTIONS FROM THE BOARD ON? OKAY.
WE'RE GONNA GO TO THE PUBLIC COMMENT NOW TO PUBLIC COMMENT NOW.
AND WHAT I WOULD DO IS WRITE WHATEVER NOTES YOU WANT AND I'LL GIVE YOU AN OPPORTUNITY TO COME BACK AFTER WE HEAR FROM THE PUBLIC.
WHO FIRST? MR. BOWDEN AND MR. BOWDEN.
WHAT? UH, LET THAT GENERAL GO FIRST, THEN YOU, MR. BOWDEN.
AND CAN WE HAVE A FULL SHOW OF HANDS OF THOSE WHO INTEND TO SPEAK? NO.
HELLO, MY NAME IS DANNY D DEMO.
I'M THE MANAGING MEMBER OF GRAY ROCK ASSOCIATES, LLC, THE OWNER OF 5 31 PROPERTY.
I'D LIKE JUST TO MENTION THAT THIS, THE INSPECTOR THAT APPROVED THE COO WAS NOT THE ROBERT DAM THAT WAS ON THE PERMIT.
WE ALL KNOW THAT HE WAS NOT WITH THE TOWN FOR A NUMBER OF WEEKS DURING THAT PERIOD.
SO SOMEONE ELSE CAME TO APPROVE THAT CFO.
I JUST LIKE TO ADD THAT IT'S ALL BEING THANK YOU REEVALUATED RIGHT NOW FOR THEM TO GET THIS APPROVAL OF BUILDING INSPECTORS, REVIEWING THE WHOLE WHOLE APPLICATION ANYWAY.
SO, UM, I'M HERE TONIGHT TO PLEAD TO THIS BOARD THAT THEY ENFORCED THE INSULATION OF THE MISSING GUIDE RAIL ON THE 5 2 9 PROPERTY FOR
[01:30:01]
THE SAFETY OF EVERYONE.AS OF TONIGHT, THERE HAS BEEN NO KNOWN INJURIES.
WE ARE LUCKY THAT WE HAD A VERY MILD WINTER THE LAST TWO YEARS OF EVERY LITTLE SNOW OR ICE STORMS. THAT WOULD NOT BE THE CASE GOING FORWARD.
A CAR WILL CRASH OVER TO THE 5 31 PARKING LOT.
THE 5 2 9 RETAINING WALL WAS ALREADY HIT ON THE DRIVEWAY SIDE WHEN AN ACCIDENT OCCURS AND A CAR GOES OVER INTO 5 31 C PROPERTY, QUESTIONS WILL BE ASKED WHY WASN'T THE MISSING GUY RAIL INSTALLED? I HOPE THE ANSWER WON'T BE THAT WE WILL TRY TRYING TO SAVE, PRESERVE A COUPLE OF PARKING SPOTS.
THE CLEAR SOLUTION IS TO HAVE THE 5 2 9 PROPERTY OWNER INSTALL THE MISSING GUY RAIL AND HAVE THEM REQUEST ADDITIONAL PARKING VARIANCE.
WHAT'S THE DIFFERENCE OF 1 2 3 MORE PARKING VARIANCE? I HOPE THE MAJORITY OF YOU AFTER TONIGHT AGREE WITH THE MISSING GUY RAIL THAT NEEDS TO BE INSTALLED FOR THE SAFETY OF, OF EVERYONE.
I DON'T KNOW IF THE BOARD HAD TIME TO REVIEW THE LETTER AND REPORTS THAT WERE SUBMITTED TODAY.
IF NOT, PLEASE DELAY ANY VOTE UNTIL YOU DO.
MR. CSOR, MY ENGINEER'S AVAILABLE AT ANY TIME.
I WOULD LIKE TO THANK THE BOARD FOR THEIR SERVICES.
AS I SAID, WE'RE HOLDING OVER THE PUBLIC HEARING UNTIL WE SEE THE, AS-BUILT, UH, PLANS AND ADDRESS THE ISSUE ANYWAY.
THAT'S THERE WILL WON'T BE A, THERE WON'T NOT BE A VOTE TONIGHT.
COULD YOU PUT THE DIAGRAM BACK UP THAT WAS ON THE FLOOR? WHICH ONE DO YOU WANT? THE, THE WHAT? THE PLANT.
JUST THE GENERAL SITE PLAN WITH THE CROSSWALK.
GEE, WHAT DID I KNOW IT WAS CROSSWALKS CONCERNED ABOUT MURRAY? MY, MY NAME IS MURRAY BOWDEN.
UM, MY QUALIFICATIONS ARE FOR OVER 30 YEARS.
I WAS PART OF THE TEAM THAT WROTE AND EDITED THE MANUAL UNIFORM TRAFFIC CONTROL DEVICES.
I SAT WITH THE MARKETING COMMITTEE FOR MOST OF THAT 30 YEARS, PLUS I WITH TWO OTHERS DESIGNED THE DOTTED LINE OR AUXILIARY, UH, THAT DEFINES AN AUXILIARY LANE.
THE DOTTED LINE DID NOT EXIST, BE BEFORE SCOTT, UH, WAYNE WRIGHT.
SO MY EXPERIENCE WITH TRAFFIC CONTROL GOES BACK QUITE AWAY.
AND WE'RE TALKING ABOUT SAFETY AT CROSSWALK AT THE BOTTOM IS NOT THE SAFEST CROSSWALK.
THE SAFEST CROSSWALK IS A PARALLEL BAR WHERE THE LINES ARE PARALLEL TO THE DIRECTION OF TRAFFIC.
YOU GO INTO NEW YORK CITY, EVERY CROSSWALK THAT'S BARRED HAS LINES PARALLEL TO THE DIRECTION IT'S THE ONLY ALL OVER THE WORLD.
IT'S THE ONLY CROSSWALK THAT LOOKS THE SAME TO THE DRIVER WHO HAS TO RECOGNIZE THE CROSSWALK.
TODAY, THE DRIVER, WHEN CROSSWALKS WERE ORIGINATED 75 A HUNDRED YEARS AGO, THEY HAD TO TEACH PEOPLE WHAT A CROSSWALK WAS.
SO TO DESIGN VARIOUS DIFFERENT ONES.
TODAY, EVERYBODY KNOWS WHERE THE CROSSWALK PEOPLE ARE STANDING THERE.
THE DRIVER IN THE CAR IS GOING RAPIDLY.
IF YOU WANNA KNOW HOW GOOD NEW YORK STATE DOT IS, IS ENFORCING THE CURRENT MANUAL, WALK OUTSIDE, I'LL STAND AT THE CURB AT THE CURB AND POINT OUT TO YOU AT LEAST 10 ITEMS THAT THEY BREAK THE LAW DIRECTLY.
WHAT DO YOU DO WHEN YOU HAVE A HUNDRED THOUSAND, 500,000 TRAFFIC ENGINEERS THAT HAVE BEEN DOING IT WRONG FOR 50 YEARS AND THEY DON'T WANNA ADMIT THEY'VE BEEN DOING IT WRONG? YOU JUST INSTALLED A HAWK UP THAT BEACON SOMEWHERE ON CENTRAL AVENUE, BUT YOU WILL CHANGE THE CROSSWALKS.
NOW, THIS IS, I'M NOT GONNA BE ABLE TO DO THIS MUCH LONGER.
AND SO WHAT I'VE DECIDED TO DO, EACH OF YOU SITTING ON THIS BOARD AND EACH OF YOU IN THIS ROOM, LOOK AT THE CROSSWALKS AS YOU GO BY AND SEE IF THEY'RE CLEAR TO YOU AND WHY THEY'RE NOT ONE STANDARD.
BECAUSE YOU AND I KNOW THE PEOPLE ARE NOT PAYING ATTENTION.
HOW DO YOU KNOW THE LIGHT TURNS GREEN? NOBODY MOVES
[01:35:01]
DISTRACTED DRIVING.SO WHEN THEY LOOK UP, THEY HAVE NO IDEA WHAT THEY SEE.
YELLOW ON THE LEFT, WHITE ON THE RIGHT.
THE EMMANUEL SAYS WE WANT THE LINE TO BE WIDER FOR EMPHASIS.
DO YOU REALLY THINK THAT A DISTRACTED DRIVER'S GONNA NOTICE THE WIDTH OF THE LINE AND THEN BE ABLE TO PROCESS? THIS IS A SPECIAL LINE.
'CAUSE IT'S WIDER AND I SHOULD BEHAVE DIFFERENTLY.
YOU'RE DEALING WITH A MENTALITY.
SO I'M GOING AROUND AND DEPUTIZING.
NOT ONLY YOU DO WE BACK HERE, WE GET A LITTLE BAGS.
MARIE, WHAT DO WE GET? LITTLE BADGES IF YOU CAN, WOULD BE DEPUTIZED.
I WANT A LITTLE BADGE FOR MYSELF.
I WAS, I WAS GONNA MAKE, I HAVE ONE AS SOME ACTUALLY
IT SAYS WE'VE ALWAYS DONE IT THIS WAY A SLASH THROUGH IT.
I SHOULD HAVE BROUGHT ONE TONIGHT.
I'VE ADDED A HANDICAP STICK SYMBOL TO IT BECAUSE I'M A HANDICAPPED DRIVER.
I USE IT WITH ELECTRIC WHEELCHAIR.
THERE'S NO REASON WHY THAT CROSSWALK CAN'T BE INTEGRATED WITH THE SPACE BETWEEN HANDICAP SPACES AND THE BUFFER.
YOU'RE TALKING ABOUT THE BUFFER SPACE.
WHAT? THE BUFFER BETWEEN THE HANDICAP.
IT'S A ZEBRA CROSSWALK PAINTED BLUE.
WHY CAN'T WE SHARE IT? NOBODY GETS OUTTA THAT CAR FOR A LONG TIME.
AND PEOPLE HAVE BEEN EXTREMELY NICE TO ME.
I USED TO HELP PEOPLE ALL THE TIME, YOU KNOW, OLDER PEOPLE.
AND I'M NOT USED TO PEOPLE HELPING ME 'CAUSE I'M AN OLDER PERSON.
IT'S, IT'S REALLY NOT EASY TO ACCEPT THAT I, I WANT TO DO IT MYSELF, BUT I CAN'T ALWAYS DO IT.
ONE OF YOU, SOMEBODY SOMEWHERE IS GONNA REALIZE THIS IS WRONG.
WE WANNA SAVE PEOPLE AT GREENBURG.
EVERY COURSE WALK SHOULD LOOK THE SAME TO THE DRIVER.
HE KNOWS WHERE HE'S NOT GONNA USE IT ANYHOW.
I'M, I'M LOSING MY ABILITY TO MAKE SENSE OF SOME THINGS, BUT NOT THIS.
IT'S YOUR JOB FOR YOUR GRANDCHILDREN AND MY GRANDCHILDREN AND MY NEW GREAT-GRANDDAUGHTER.
IT'S YOUR JOB TO MAKE IT SAFER FOR THE NEXT GENERATION.
IT WILL SAVE ACCIDENTS, IT SAVES MONEY, AND IT'S GONNA MAKE YOU FEEL BETTER.
ANYBODY ELSE, UH, WANT TO DISCUSS THIS? UH, DOES THE APPLICANT HAVE ANYTHING TO, TO RESPOND TO BEFORE WE CLOSE? UH, TONIGHT'S MEETING, UH, ADJOURN.
SOME, SOME OF THE COMMENTS RAISED BY MR. DAMA ARE SIMILAR TO THE ONES RAISED BY THE BOARD.
UH, WE WILL LOOK AT THE, UM, WORK WITH AARON'S, UH, TEAM AND, AND, AND OUR ENGINEERS TO SEE WHAT POSSIBILITIES, IF ANY, ARE, UH, AVAILABLE FOR PLACING A GUIDE RAIL ALONG THE REMAINING, UM, UH, RETAINING WALL THERE.
AND I, I, I'VE HEARD TWO COMMENTS ABOUT THE CROSSWALK NOW.
UM, IT'S A MATTER OF REPAINTING.
AND, AND RESPOND TO THAT IF YOU DON'T MIND FOR THE NEXT MEETING.
ALRIGHT, WILL DO, MARI, UNTIL WE GET A GRANT FOR SE FOR A LOT OF MONEY.
I DON'T THINK WE'RE CHANGING EVERY CROSSWALK OR GREENBERG, BUT IT'S A GREAT IDEA.
IT'S NOT GONNA HAPPEN, BUT WE SHOULD TRY TO KEEP IT GOING FORWARD.
WHICH CASE? I'LL TAKE A MOTION TO ADJOURN TONIGHT'S HEARING AND HOLD IT OVER FOR THE NEXT MEETING.
SO MOVE AT A SECOND, UH, CURT.
ALL IN FAVOR? A A ALL OPPOSED, AND I'LL TAKE A MOTION TO CLOSE, UH, THE PUBLIC HEARING PORTION OF OUR MEETING TONIGHT REAL QUICK.
UM, NEXT MEETING BEING WEDNESDAY, JULY 17TH.
I HAVE THE MOTION ON THE FLOOR.
ALL OPPOSED? OKAY, WE'RE GONNA GO BE BACK IN WORK SESSION IN.
WEIGHING SIX, UH, COWA WAY, UH, PO SCARSDALE, IT'S ACTUALLY IN EDGEMONT.
UM, IT'S FOR PRELIMINARY SUBDIVISION STEEP SLOPE AND TREE REMOVAL PERMIT IS JUST AN INITIAL CONFERENCE, GUYS, JUST TO GET SOME ADVICE.
[01:40:01]
WHAT IS THAT? OKAY.UM, AMELIA, WHY DON'T YOU, UH, PRESENT IT TO US AND, UH, THEN WE'LL TRY TO GIVE SOME COMMENT AND QUESTIONS, PLEASE.
UH, JUST FOR THE RECORD, I, I, UH, NAME PLEASE.
JUST FOR THE RECORD, EMILIO ESCALADAS, ESCALADAS ASSOCIATES, ARCHITECTS AND ENGINEERS.
I, I JUST WANT TO GIVE MY, UH, MY, UH, SUPPORT FOR THE LETTER THAT YOU'RE WRITING TO THE TOWN BOARD.
I THINK, UH, AFFORDABLE HOUSING IS OF UTMOST IMPORTANCE.
AND YOU, YOU GUYS ARE AHEAD OF THE CURVE.
I THINK A LOT OF PEOPLE ARE LOOKING AT THE TOWN THE WAY YOU'RE GONNA WRITE IT.
AND I, AS AN ARCHITECT, AS SUPPLIER OF HOUSING FOR ALL KINDS OF PEOPLE, I'M TELLING YOU THIS IS A FANTASTIC IDEA.
SO THAT THE ELDER, THE, THE YOUNG ONES THAT CAN'T AFFORD HOUSING, CAN LIVE WITH THE PARENTS, CAN HELP THE PARENTS FINANCE THE MORTGAGE, CAN PAY THE EXORBITANT TAXES THAT WE ALL HAVE TO PAY TO, TO SUPPLY OUR SERVICES.
SO IT'S A, IT'S A, IT'S, IT'S A NORM THAT SHOULD BE FOLLOWED, COPIED BY ALL THE TOWNS.
EVERYBODY'S LOOKING AT YOU AND YOU HAVE TO BE STRONG AND STICK TO YOUR GUNS.
I HEARD WHAT HE SAID, AND I THINK THE LETTER IS WELL WRITTEN.
UH, I KNOW YOU NEED TIME TO, TO GATHER YOUR FORCES AND AGREE, BUT I THINK IT'S WELL WRITTEN AND IT'S, IT'S TIMELY TO DO IT.
I ALSO WANNA STICK ONE, TWO MORE CENTS.
AND I, AND I, I WAS GONNA GO AND TALK TO THE PLANNING BOARD TO TOWN BOARD, BUT I THINK IT'S NOT THE PLACE TO GO.
UM, THERE'S A LOT OF LAND THAT'S CONTROLLED IN GREENBURG THAT IS EARMARK, UH, UM, BUFFER ZONE FOR, UH, WETLANDS ACRES AND ACRES THAT THE TOWN CONTROLS.
I'M TRYING TO COME UP WITH A PLAN, A MAP, AND A PLAN TO BE ABLE TO USE THOSE LANDS TO BE ABLE TO BUILD ON IT ECONOMIC WAYS WITH STILTS.
WE WOULD BE VERY, VERY, UH, SAFE WITH THE ENVIRONMENT, BUT WE HAVE LAND THAT IS NOT BEING USED, UH, FOR HOUSING THAT COULD BE USED.
AND IT'S, I IN A WETLANDS, IT'S A BUFFER.
IT'S 200 FEET, 300 FEET, 400 FEET AWAY FROM A WETLAND.
AND WE, THE TOWN, WE CONTROL IT.
AND, AND THERE SHOULD BE A, A PROGRAM TO BE ABLE TO HAVE DEVELOPERS, UH, TO PROVIDE PLANS TO THE TOWN.
UH, THE TOWN WOULD USE, UH, GIVE THOSE PROPERTIES TO THE DEVELOPERS OR DEVELOPERS WOULD FINANCE, UH, WITH, THERE'S ALL KINDS OF PUBLIC FUNDS AND GOVERNMENT FUNDS TO BE ABLE TO DO THAT.
BUT I I, I COMMEND YOU GUYS FOR DOING IT.
EVERYBODY'S LOOKING AT YOU SO YOU STAY, STAY STRONG.
SO NOW YOU WANT TO REMOVE SOME STEEP SLOPES.
NOW YOU, NOW THAT YOU'VE BUTTER US UP,
YOU'RE A PROGRESSIVE TOWN AND, AND, UH, OKAY.
ANYWAY, THIS PLEASE GIVE YOUR PRESENTATION, THIS SUBMISSION, THIS SUBMISSION.
UH, AND I SEE WE HAVE SOME NEIGHBORS AND I'M, I'M GONNA BE VERY CLEAR AND LUCID SO THAT THEY LOSE THE FEAR THAT THEY HAVE.
THE PARCEL, UH, IS AN OVERSIZED DOUBLE LOT, AS I CALL IT.
UH, THIS YOUNG LADY IS THE OWNER AND SHE'S HERE TO ANSWER ANY QUESTIONS THAT THE NEIGHBORS MAY HAVE OR CLARIFICATIONS OF ANYTHING OF THE HISTORY OF THE PROPERTY.
THERE'S A LOT OF PARCELS THAT WHEN HAVE BEEN PURCHASED, UH, TAG ALONG WITH THE ORIGINAL BUILT PROPERTY.
AND YET THERE IS THIS, THIS TREND OF DOUBLE LOTS THAT USED TO BE BUILDABLE LOTS.
ALL OF A SUDDEN, AND I CAN'T EXPLAIN WHEN IT HAPPENS OR HOW IT HAPPENS.
THE SECOND LOT BECOMES A NON BUILDABLE LOT.
AND THIS IS PART OF THE HISTORY OF THIS PROPERTY.
UM, I DON'T KNOW WHAT THE DEED SAYS.
UM, THIS IS SOMETHING THAT COULD BE RE RESEARCHED.
BUT WHEN THEY CAME TO ME AND THEY SAID, WELL, YOU, YOU, YOU HAVE A BUILDABLE LOT HERE.
AND WE, THE AMOUNT OF, UH, THE PROPERTIES OF THE ZONING HAVE BEEN UPSIZED IN PROBABLY THE LAST 20 YEARS.
SO, UM, WHAT USED TO BE LEGAL WHEN THIS PARCEL WAS CREATED HAS BEEN MADE ILLEGAL BY THE FACT THAT IT WAS REZONED TO AN R 20 OR R 15.
I'M, I'M NOT GONNA BOTHER YOU WITH THE NUMBERS, BUT WHAT I'M GONNA SAY IS THAT THIS PARTICULAR PROPERTY THAT I AM TRYING TO SUBDIVIDE IS BIGGER THAN PROBABLY 30, IF NOT 40% OF ITS NEIGHBORS.
MEANING THAT I AM NOT PROPOSING ANYTHING THAT IS UNUSUAL.
NOW, THAT'S AN ARGUMENT THAT I WOULD USE WITH THE ZONING BOARD OF APPEALS.
MY ARGUMENT WITH YOU IS TO TRY TO GET A LETTER THAT SAYS TO ME AND SAYS TO THE BOARD, WE AGREE WITH HIS APPROACH.
IT IS NOT UNUSUAL WHAT HE'S REQUESTING.
AND WE ARE IN FAVOR OF THIS SUBDIVISION.
UM, AND, AND YOUR FUNCTION, OF COURSE IS TO UNDERSTAND THIS AND TO EITHER SAY, YES, WE AGREE WITH THE APPLICANT, WE AGREE AS MUCH BECAUSE THESE ARE THE REASONS.
AND THEN BE HONEST AS YOU ALWAYS ARE IN FORTHRIGHT AND SEND, SEND ME FORWARD TO A ZONING BOARD OF APPEALS BECAUSE THIS IS WHY I'M HERE.
I NEED A LITTLE BIT OF LAND AREA TO MAKE THIS PROPERTY LEGAL AND FIT THE PRESENT ZONING.
SO THE HISTORY OF HOW IT HAPPENED, YOU KNOW, REALLY, WHO CARES?
[01:45:01]
UH, I STILL NEED TO GO TO THE KING AND ASK PERMISSION.UH, I'M LOOKING AT THE, THE THRONES, UH, PROGRAM.
OH MY GOD, THAT'S A COMPLICATED, UH, TV PROGRAM.
WE DON'T HAVE KING YET, SO OKAY.
SO DON WANNA DESCRIBE A HALF HOUR PROGRAM AND WANTED TO DESCRIBE THE PROJECT TO DISCUSS THE PROJECT.
THE, THE, THERE'S THREE CHOICES THAT I TRIED TO EXPLAIN IN MY APPLICATION.
THE FIRST CHOICE, THE FIRST DRAWING THAT YOU SEE THERE IS WHAT WOULD END UP BEING THE QUOTE UNQUOTE AS OF RIGHT.
TYPICAL SUBDIVISION SEVERANCE OF A LARGE PARCEL.
IT REALLY FOLLOWS THE PROPERTY LINE THAT EXISTS RIGHT NOW THAT SEPARATES THE TWO PARCELS.
BY THE WAY, THERE'S TWO TAX CARDS.
THERE'S ALWAYS BEEN TWO TAX CARDS, TWO ID TWO IDS FOR THE TWO PIECES OF PROPERTY.
SHE, BY THE WAY, THERE IS NO SUCH THING IN THE TOWN OF GREENBERGS, AS OF RIGHT.
SO DO YOU MEAN THAT IT HAS NO, NO VARIANCES THE WAY IT'S LAID OUT? IT IT, IT DOESN'T NO, NO.
IT IF, IF I WAS TO TAKE THE, THE LOT TO THE RIGHT, IT HAS A TAX CARD THAT IDENTIFIES IT WITH A TAX ID AND THE HOUSE, UH, THE, THE LOT WITH THE HOUSE HAS A SEPARATE TAX ID.
RIGHT? SO ONE WOULD THINK, YOU KNOW, OH, THERE'S TWO BUILDABLE LOTS.
UM, ATTORNEY IS SAYING NO, BUT OF COURSE WE, WE, WE, WE, WE AGREE.
JUST SO YOU KNOW, JUST TO CORRECT THE RE JUST TO STRAIGHTEN UP THE RECORD, WE RESEARCHED THIS TODAY.
WE LOOKED AT THE, AT THE, AT THE, UH, CARD, PROPERTY CARD.
THAT OTHER LOT YOU'RE TALKING ABOUT IS NOT BEING ASSESSED AS A BILLABLE LOT.
IF IT WAS, THE TAXES WOULD BE MUCH HIGHER AND JUST ASSESS AS A BILLABLE LOT.
OKAY? IF, IF THAT'S THE WAY THAT WE LEGALLY SEPARATE PROPERTY.
IT HAS NOTHING TO DO WITH IT LEGALLY SEPARATED.
HOWEVER, JUST BECAUSE IT'S A TAX LOT DOES NOT MAKE IT A BUILDABLE LOT.
I I'VE BEEN, I'VE BEEN THERE BEFORE AND I'M NOT, I'M NOT SUGGESTING THAT THE THE RECORD IS WRONG.
THERE'S, THERE'S LOTS OF REASONS WHY THESE THINGS HAPPEN AND I'M NOT, UH, I'M NOT AS SMART AS AN ATTORNEY, SO I WOULD NEVER KNOW WHY THESE THINGS HAPPEN.
BUT, BUT I I WANT TO ASK THE QUESTION AGAIN.
YOU SAID THAT THE HOUSE IN THIS DRAWING IS QUOTE UNQUOTE AS OF RIGHT, WHICH AS YOU POINTED OUT, IS NOT AN ACTUAL THING.
WHEN I, MY QUESTION WAS, WHEN YOU SAY AS OF RIGHT, DO YOU MEAN IT CONFORMS TO THE ZONING LAWS? WELL, CAVEAT, IT ALMOST CONFORMS IN.
THE ONLY THING I'M MISSING IS THE AREA.
SO THE VARIANCE THAT I WOULD NEED FOR THIS SUBDIVISION TO BE AS OF RIGHT, OF COURSE IS IF I HAD ENOUGH AREA, BUT I DON'T, I'M, I'M SHORT.
SO IN OTHER WORDS, THE SIZE OF THE LOT IS LESS THAN THE CURRENT ZONING.
BUT THE ARGUMENT THAT I'M TRYING TO MAKE WHEN I SAY THAT IS THAT IF WE GO BACK A LITTLE BIT IN HISTORY AND, AND IF WE LOOK AT ALL THE NEIGHBORS IN THE AREA, THEY ARE SMALLER THAN THE PARCEL OF LAND THAT I'M TRYING TO SUBDIVIDE.
SO IN OTHER WORDS, LET, LET, LET ME JUST TRY TO EXPLAIN, EXPLAIN THAT.
WHAT YOU'RE SAYING IS, AT ONE TIME, COS THE CLOCKS WALL AREA, THAT AREA WAS R 15 AT SOME POINT AND WE'RE RESEARCHING, AND WE DON'T EVEN KNOW, IT WASN'T IN THE LAST 20 YEARS, I DON'T THINK, BUT I'M NOT, WE'RE NOT SURE WHEN IT HAPPENED.
THE, SO I JUST WANT TO QUICKLY CLARIFY.
UM, IT WAS ZONED OH TWO BACK IN 19, UH, 32, WHICH IS A 10,000 SQUARE FOOT LOT SIZE MINIMUM.
UH, WITH THE CREATION OF THE ART DISTRICTS.
IT WAS ZONED R 20, UH, AROUND 1957.
SO IT'S BEEN, BEEN THAT THIS WAY FOR 65 YEARS ROUGHLY.
NOW THE THING IS, MOST OF THOSE HOUSES ARE TUTORS PROBABLY FROM THE THIRTIES.
THAT'S WHAT I'M, OH NO, LET ME FINISH.
NOW WHAT YOU'RE SAYING, I BELIEVE IS IF YOU TAKE A LOOK AT THE SURROUNDING PROPERTIES, THEY WOULDN'T, THEY ARE LEGAL NON-CONFORMING.
BECAUSE THEY ARE UNDER 20,000 SQUARE FEET.
AND, AND, AND A LOT OF THEM I HAVE A MAP, I PREPARED A MAP WITH THE ORIGINAL SUBDIVISION.
THAT'S MY POINT THAN THE AREA THAT I AM PROPOSING ONE FOR SUBDIVISION.
I ASK YOU TO DO, IF I MAY ONE OF THE, HOLD ON FOR ONE SECOND AND THEN IT WAS YOU.
ONE, ONE OF THE THINGS THAT WOULD BE VERY HELPFUL, AND WE'VE DONE THIS IN THE PAST AND I THINK WE MAY HAVE DONE IT WITH YOU IN A DIFFERENT PROJECT.
UM, GIVE US A LIST OF THE PROPERTIES I HAVE AROUND IT.
AND WHAT THE SQUARE FOOTAGE OF EACH, I HAVE THAT PROPERTY AND I THOUGHT I SUBMITTED IT TO YOU GUYS.
LESLIE, THAT'S THE FIRST THING I DID WHEN, WHEN I TRIED, WHEN I RESEARCHED THIS.
THAT'S ALWAYS HELPFUL, LESLIE.
SO YOU'RE AT 31, 32 NOW, THOUSAND, I MEAN 32,000 SQUARE FEET ABOUT.
AND IT WOULD'VE NEED, IF, IF FOR NO VARIANCE, YOU WOULD'VE NEEDED 40.
IS THAT EXCLUDING, EXCLUDING STEEP SLOPES? YEAH.
[01:50:01]
AND THE 20, NO EXCLUDING, NO, NOT EXCLUDING IN 30, BUT YOU NEEDED THE 20 AND THE 20 FOR TWO LOTS.YOU WOULD GET A REDUCTION DOWN BASED ON THE SLOPES FOR FAR, RIGHT? YEAH.
YOU NEED A MINIMUM OF 20,000 UNDER THE CURRENT CODE.
IS THAT ALL ALL YOU HAD? THAT WAS IT.
I, I THINK THIS IS THE CRITICAL ISSUE BECAUSE WHEN I FIRST SAW THE LITERATURE, UH, THE SUBMISSION THAT WE GOT, AND I SAW A ZONE 20,000 RR 20, YEAH.
AND YOU WANTED, YOU HAD R 30 AND ORDER TO MAKE IT 1515.
PREVIOUS RESPONSE WAS NEGATIVE.
SO THE, YOU JUST MADE, BECAUSE WHEN WE CONSIDER THESE THINGS, WE HAVE TO TAKE INTO ACCOUNT THE SURROUNDING COMMUNITY.
SO I THINK THE INFORMATION, THE INFORMATION REGARDING THE, THE SURROUNDING LOTS IS CRITICAL IN ORDER TO MAKE AN OBJECTIVE EVALUATION.
AARON, AARON, CAN I SHARE MY SCREEN REAL QUICK? WE NEED ALL OF THAT INFORMATION.
I WANNA SAY ONE THING JUST SO WE CAN FOCUS ON THE CORRECT THINGS TONIGHT.
AT THE END OF THE DAY, THE ONE THAT'S GONNA MAKE THAT DECISION ISN'T THIS BOARD.
THAT DECISION IS A ZONING DECISION.
IT'S NOT A AGREED ZONING DECISION.
GENERALLY WHEN I SEE, I SEE THAT THIS IS, IS, IS KIND OF, UH, ILLUSTRATED.
I DON'T WANNA GO THROUGH ALL THAT RIGHT NOW ANYWAY, BUT IT WAS, I DIDN'T KNOW IT'LL BE DISTRIBUTED TO THE ENTIRE APPRECIATE.
AT THE END OF THE DAY, JUST SO YOU KNOW, WHEN IT COMES DOWN TO SOMETHING THAT REALLY IS A ZONING DECISION, WE TEND TO NO, I SAID THAT AT THE PRESENT.
NOW HAVING SAID THAT, THE THINGS I WOULD LIKE TO DISCUSS TONIGHT ARE YOUR THREE OPTIONS AND HOW YOU, HOW YOU'RE TREATING THE DRIVEWAY.
THIS IS A, A TREAT LOT AND, AND WHAT, WHAT ACCOMMODATIONS THAT YOU MIGHT BE WILLING TO MAKE IF YOU GOT THE SUBDIVISION YES.
THAT THOSE ARE SITE PLAN ISSUES YEAH.
BECAUSE THERE IS A CHARACTER IN THE NEIGHBORHOOD WE CARE ABOUT TOO.
AND THAT THAT IS ABSOLUTELY, THAT NEIGHBORHOOD IS A GEM.
AND I WANNA KEEP IT THAT WAY A HUNDRED PERCENT BASED ON THE RESPONSE THAT THE BOARD AND THE PLANNING BOARD DEPARTMENT GOT FROM THE, FROM THE NEIGHBORS.
AND THERE WAS A, THERE WAS A TREND OF SIMILARITY OF THEIR CONCERNS.
AND AS, AS I, YOU KNOW, I RAISED MY CHILDREN, THEY'RE, THEY'RE YOUNGER THAN ME.
OF COURSE THEY'RE RAISING THEIR CHILDREN NOW.
SO THE WHOLE CYCLE OF SCHOOL, THE CHILDREN WALKING AN ADDITIONAL CURB CUT.
SO I, I SAT BACK, I SAID, YOU KNOW, THEY'RE RIGHT.
AND, UH, AND THERE'S A STEEP, THERE'S THERE'S AN ELEMENT OF STEEPNESS THERE, WHICH INVOLVES EVERYBODY.
THERE'S A NUMBER OF TREES THAT TALKING ABOUT ONTO KEMPSTER.
YOU'RE TALKING ABOUT IT'S SAY IT AGAIN ONTO KEMPSTER.
THE WHOLE THE WHOLE I I WALK BY THERE AND COWELL'S A BUSY STREET.
'CAUSE IT'S A, PEOPLE CUT DOWN COWA ALL THE TIME.
RIGHT? I'M NOT THE ONE DOING MORE THAN 30 GUYS JUST WANT YOU TO KNOW
NO, THERE'S NO QUESTION ABOUT IT.
AND I WENT BACK AND I WALKED THE WHOLE THING AND I SAID, YOU KNOW WHAT, LET ME GO BACK.
AND SO I SAID, WHAT IF I DO WHAT THE NEIGHBORS WANT? AND SHE SAYS, DON'T HAVE A CURB CUT AND, AND, AND LIMIT MYSELF TO NOT TOUCHING ANY OF THOSE TREES AND THOSE VISUAL CORRIDORS THAT THEY WALK EVERY DAY.
AND I WENT BACK TO THE, TO THE SITE PLAN AND I, LONG AND BEHOLD, I SEE, WAIT A MINUTE, THERE'S NO REASON WHY I CAN'T SPLIT.
AS, AS YOU SEE IN THE DRAWING, THE ENTRANCE, THE ACCESS DURING CONSTRUCTION, DURING, UH, IN, IN, AT FOREVER AND EVER, NEVER HAVE TO CURB CUT THE INTERSECTION THAT IS SACRED TO THE NEIGHBORS BY DOING WHAT? TELL ME SPECIFICALLY BY, BY COMING IN AT THE SAME, WITH THE SAME CURB CUT THAT IS SERVICING THE EXISTING HOUSE AND JUST VEERING OFF ONTO THE NEW AREA TO BE BUILT.
HOW MANY HOUSES IS IT? IS IT, IS IT CURRENTLY? I BELIEVE THREE.
FIRST OF ALL, UNDER LAW, AMANDA MM-HMM.
CAN YOU DO A SHARED DRIVEWAY FOR FOUR HOUSES? WELL, I DON'T KNOW WHAT THE DEED SAYS.
I DON'T SEE WHY NOT, BUT, UM, WELL, I DON'T KNOW ABOUT DEED.
THE DEED SERVICE, THE, THE ENTIRE PROPERTY.
WHAT? SO I'LL GET BACK TO YOU ON THAT, BUT I DON'T SEE THIS.
BECAUSE I I, IT'S, I KNOW, I KNOW.
I I THOUGHT WE WERE DISCOURAGING SHARE LARGE SHARED DRIVEWAYS.
NORMALLY IT'S A VERY GENERIC STATEMENT.
THEY DON'T, THEY WOULD NEVER HAVE FORESEEN THIS.
OR MAYBE THEY HAVE AND THEY WOULD SAY SO, BUT IF IT'S, IF IT'S LIKE THE ONES I'VE EVER READ, IT'S JUST A GENERIC ACCESS TO THE PROPERTY.
HOW WIDE IS THAT DRIVEWAY? HOW WIDE IS THAT DRIVEWAY? UM, I WOULD
[01:55:01]
GUESS 14 FEET.SO NOT ENOUGH FOR TWO CARS TO PASS.
HOW LONG IS THE DRIVEWAY? WELL, IT IS SERVICING, I CAN ARGUE BACK AND FORTH WITH THREE HOUSES, FOUR HOUSES.
WOULDN'T THE ENVIRONMENTAL, THE DIFFERENCE THERE WOULD BE ZILLS? I, I MEAN I UNDERSTAND WHAT YOU'RE TRYING TO RAISE, BUT I'M ASKING A VERY SPECIFIC QUESTION.
HOW LONG IS THAT DRIVEWAY? I DON'T KNOW.
WOULD IT BE WE, WE LOOK TODAY COULD COME BACK FORMALLY.
WE'D WANT, I WOULD TAKE A GUESS.
YEAH, I WOULD, I WOULD TAKE A GUESS.
SO 14 FOOT DRIVEWAY FOR 200 FEET ROUGHLY IS WHAT THIS, THIS PROPOSAL WOULD DO.
BUT THIS ONE'S STILL SHORTER THAN THE HOUSE THAT'S THERE NOW THAT'S, THAT'S CORRECT.
BUT IF THAT BECOMES A CONCERN, I WILL, I WILL DEFINITELY WORK ON THAT AND, AND GIVE YOU MORE INFORMATION.
OBVIOUSLY THAT'S, UH, I DIDN'T THINK OF ITS IMPORTANCE, BUT IF IT IS IMPORTANT TO THE BOARD, I WILL DEFINITELY MAKE MORE, MORE INFORMATION.
YEAH, BUT I, I THINK THIS IS A, A, A MORE REASONABLE WAY OF DOING IT THAT WILL FIT BETTER INTO THE COMMUNITY BY NOT MAKING, UH, ANOTHER CURB CUT.
WHETHER OR NOT THE LENGTH OF THAT DRIVE DRIVEWAY VERSUS MAKING ANOTHER CURB CUT AND CUTTING DOWN TREES THAT IS, IS VERY ATTRACTIVE IN THAT NEIGHBORHOOD.
BUT, BUT I'LL SAY THIS, JUST THINK IF THIS WAS A BLANK SLATE AND IT, IT WAS A FOUR LOT SUBDIVISION, NOT A TWO LOT SUBDIVISION, YOU TELL ME THAT THIS BOARD WOULD EVER APPROVE A 200 FOOT DRIVEWAY THAT'S 14 FEET WIDE.
NO, BUT THIS IS NOT, THIS IS NOT A NEW DEVELOPMENT.
THIS IS, YOU'RE ADDING, YOU'RE ADDING A HOUSE THOUGH.
BUT THIS IS NOT A NEW DEVELOPMENT.
IT IS A, A, YOU KNOW, A CLASSIC AREA OF THE TOWN, UH, AND YOU WANT TO BUILD.
SO HAVING CONSISTENCY IN THAT NEIGHBORHOOD TO ME IS, IS A, IS A MAJOR FACT.
IT'S NOT THE DETERMINATIVE FACTS FACT.
WALTER, WAIT A MINUTE, WAIT A MINUTE.
IS NOT THE DETERMINANT FACT, AMANDA, THEN YOU'RE CORRECT.
THAT'S SOMETHING THAT WE SHOULD CONSIDER.
JUST SO YOU KNOW, DRIVING AROUND THE NEIGHBORHOOD, UH, FOUR HOUSES OFF A SHARED DRIVEWAY IS NOT CONSISTENT WITH THE CHARACTER OF THE CLOTS WALLS.
SO THE QUESTION WOULD BE IS HOW LONG HAS THAT DRIVEWAY BEEN IN EXISTENCE AND IN USE FOR TWO, THREE PLUS HOUSES? RIGHT.
I CAN'T, I COULDN'T HEAR A WORD YOU SAID.
SO I AM HANDSOME, BUT I'M OLD
MY QUESTION IS, HOW LONG HAS THAT DRIVEWAY BEEN IN USE FOR TWO, THREE OR MORE HOUSES? I WOULD, I WOULD SAY THAT'S LIKE, LIKE THE, THE CHAIRMAN SAID THAT'S AN EXISTING WEB THAT'S BEEN THERE FOR A WHILE.
I WOULD SAY ALL THREE HAVE BEEN SHARING THAT.
WELL, WELL, LET'S FIND OUT THAT, AGAIN, IT'S VERY SIMPLE.
HOW MANY YEARS? WELL, IT, I'LL GO BACK AND SEE THE AGE OF THE PROPERTIES.
I REALLY COULDN'T ANSWER THAT QUESTION.
COULDN'T ANSWER AN EXCELLENT QUESTION.
YOU ALSO HAD A QUESTION, THEN I HAVE A QUESTION.
I THINK AARON, UH, WHAT AMELIA IS TRYING TO DO, WHICH IS STILL, AND A LOT OF QUESTION COMES BECAUSE, UH, UH, YOU ARE TRYING TO KIND OF MAKE US TO GIVE YOU A, SOMETHING THAT IS NOT, UH, AS OF RIGHT, UH, BUILDABLE.
SO, UH, YOU HAVE TO MAKE IT A REALLY CONVINCING ARGUMENT THAT, UH, NOT THAT IT IS BETTER THAN SOMETHING THERE OR BETTER THAN OTHERS, BUT IT IS THAT, UH, UH, EXISTED FOR, I DON'T KNOW, 67 YEARS OR WHATEVER LONGER.
AND UNLESS THE, UNLESS THERE IS ECONOMIC HARDSHIP, UNLESS THERE IS A REALLY, UH, OVERRIDING THINGS TO GIVE TO US TO REALLY EVEN, UH, GIVE, GIVE, GIVE ANY, ANY SUGGESTIONS AND RECOMMENDATION, BECAUSE IT'S A BEAUTIFUL NEIGHBORHOOD.
IT'S A REALLY HAS A CHARACTER, NOT MANY, UH, NEIGHBORHOOD IN THIS, THIS TOWN HAS THAT KIND OF CHARACTER.
SO ADDING A HOUSE IN THERE, I DON'T KNOW WHETHER, WHETHER THAT'S REALLY FITS INTO THE, ONE OF THE CRITERIA THAT WE USE FOR ALLOWING IT.
SO I THINK YOU, YOU NEED TO DO BETTER JOB THAN TO REALLY SELLING US.
IT'S NOT BAD BECAUSE WE ARE NOT GOING TO GIVE YOU, OKAY.
IF IT IS NOT BAD, IT HAS TO BE BETTER THAN BAD.
UM, SO MR. ESCAL WILL SHOW A THIRD OPTION, SO TO SPEAK FOR YOU BEFORE YOU DO TWO THINGS.
ONE, I JUST WANTED TO MAKE THE BOARD AWARE AND THE APPLICANT THAT THIS ALTERNATIVE WOULD INTRODUCE ADDITIONAL VARIANCES INTO THE PROCESS FOR THE SHARED DRIVEWAY, DRIVEWAY SETBACK AMONGST OTHER THINGS.
SO I WANTED EVERYONE TO BE AWARE.
SECOND, SOMETHING FOR THE APPLICANT TO LOOK INTO THAT I THINK WOULD BE VERY IMPORTANT, NOT ONLY FOR STAFF, BUT FOR THE BOARD, IS WHAT RIGHTS WOULD THAT LOT
[02:00:01]
HAVE TO THE EXISTING EASE ACCESS EASEMENT ACROSS THE OTHER PROPERTIES? YEAH, LIKE I SAID, THE DEED WOULD, WOULD TELL THAT TAIL.AND, UM, AND ALWAYS THEY'RE GENERICALLY VERY SIMPLE DEEDS.
THIS WAS, THIS WAS BUILT AND PLOTTED AND DESIGNED WHEN THE WORLD WAS SIMPLER AND PEOPLE LOVE EACH OTHER.
UM, BUT, YOU KNOW, I I, I TOOK MY CHILDREN TO TWA IN ENGLAND, IN ACTUAL ENGLAND.
THE TWA IN ENGLAND IS, IS ONE OF THE OLDEST, UH, UH, TA AREAS NEAR THE AVON WHERE SHAKESPEARE WAS BORN AND ALL THAT.
IT'S A AND IT'S FILLED WITH THIS KIND OF STUFF.
SO I'M NOT REALLY DOING ANYTHING.
ANYWAY, THAT WAS MY ADVERTISEMENT WAS, WAS ALSO BUILT BEFORE PEOPLE WERE DRIVING RANGE ROVERS.
SO
NOW THAT'S THE RICH AREA OF ENGLAND AND THEY WERE DRIVING, BUT ONLY ONE PERSON LAND ROVERS THAT WE KNOW DRIVING ONE OF THOSE.
UM, SERIOUSLY THOUGH, I WANNA SEE THE OTHER AL ALTERNATIVE, BUT WE, WE DO NEED TO, TO LOOK AT THAT.
AND ONE OF THE OTHER CONCERNS I HAVE ABOUT THE DRIVEWAY, AGAIN, I LOOK AT IT IS WAIT, WAIT, SLOW DOWN, SLOW DOWN.
I'M, I'M CONSCIOUS OF YOUR TIME AND I DON'T WANNA WASTE YOUR TIME.
DON'T WORRY ABOUT THAT, JUST FOR A MOMENT.
THE OTHER THING I, AS I SAID, I LOOK AT IS IF I WAS BUILDING THIS AS A BLANK SHEET, WHAT WOULD I DO? OKAY.
AND ONE OTHER QUESTION I HAVE IS THE, GENERALLY WHEN WE DO SOMETHING LIKE THIS, IF THIS WAS A BLANK SLATE IN A FOUR LOT SUBDIVISION, THERE'S NO WAY THIS WOULD BE DONE BY AN EASEMENT, BECAUSE THEN HOW DO YOU, HOW DO YOU FIGURE OUT WHO'S MAINTAINING THAT ROAD, THAT DRIVEWAY TOO? SO WE WOULD'VE DONE IT BY SOME KIND OF HOA, WHICH IS TYPICALLY THE WAY WE, WE DO THOSE KINDS OF SUBDIVISIONS.
NOW, IS THERE A POSSIBILITY CONVEYING THIS, THIS DRIVEWAY IN THAT, IN THAT WAY? I DON'T KNOW.
THAT MAY BE TOO COMPLICATED, BUT AT LEAST THERE HAS TO BE SOME KIND OF AGREEMENT WITH THE NEIGHBORS AS TO HOW YOU WOULD MAINTAIN IT.
AMANDA, DO YOU, THERE IS A POSSIBILITY THAT THERE IS A RESTRICTION IN THE DEED ALREADY OR SOME KIND OF LANGUAGE IN THE CURRENT DEED.
THAT'S SOMETHING TO LOOK AT AS WELL.
YOU CAN'T HEAR THERE, THERE'S, THERE'S A POSSIBILITY THAT THERE'S ALREADY LANGUAGE IN THE CURRENT DEED REGARDING ACCESS.
NEED TO KNOW THAT THAT'S A QUESTION YOU'RE ASKING US TO MAKE A DECISION.
WE'RE NOT GONNA MAKE A DECISION WITHOUT ALL THAT INFORMATION.
I, I UNDERSTAND THIS IS, I'M JUST LETTING YOU, I'M FAMILIARIZING YOU, YOU WITH THE PROJECT.
ANOTHER THING WE WOULD LOOK AT, IF THIS WAS ONE, YOU KNOW, SUBDIVISION IS PRESERVING BY SOME MEASURE, WHETHER IT'S A CONSERVATION OVERLAY OR SOMETHING, YOU KNOW, THE WOODED PORTION 100%.
NOW, YOU KNOW, AS PART OF THE APPLICATION YES.
THE, YES, I WAS GONNA MENTION THAT I, I WOULD GLADLY, UH, UH, ACCEPT, UH, DELINEATION BY THE TOWN BOARD, BY, I'M SORRY, BY THE PLANNING BOARD OF WHERE DO NOT, DO NOT CROSS, DO NOT TOUCH.
IN FACT, THE, UH, THE PROCEDURE THAT THE TOWN HAS, UH, HAS INSTITUTED FOR CLEARING OR CUTTING TREES IS A VERY GOOD ONE.
BECAUSE, BECAUSE UNFORTUNATELY, AS, AS, AS IMMORTAL AS YOU THINK WE ARE, WE'RE NOT, AND, AND BOARDS CHANGE.
AND I DON'T WANT TO SEE SOMEBODY LATER ON START TEARING DOWN TREES AND COMING TO DO THAT.
SO YOU HAVE TO, IF INDEED WE, WE WANNA DO WHAT TOM SAYS, AND I THINK THAT'S ABSOLUTELY RIGHT.
I'D WANT IT TO BE, BE MEMORIALIZED IN THE DEED THAT WAY.
I I HAVE NO PROBLEM WITH THAT.
I, I WAS SUGGESTING THE PROCEDURE THAT THE TOWN NOW USES TO, TO SEVER THE AREA OF CONSTRUCTION AND THE AREA OF PROTECTION, WHICH IS, I UNDERSTAND, BUT THE PLANT THAT SOMEBODY CAN COME IN FOR, FOR A TREE REMOVAL PERMIT AT ANY TIME.
I, I WOULD BE WILLING TO, I DON'T WANT TO GO THERE.
WE'VE SEEN, YOU KNOW, THIS CREEP I'VE SEEN CREEP BEFORE AND EXCUSES, OR OOPS, WE TOOK IT DOWN, THEN WE'RE GONNA GET FINED.
THEN WE COME IN AND WE WANT TO GET IT BLESSED.
THAT WOULD BE A GUARANTEE TO THE NEIGHBORS THAT THIS IS EXACTLY WHAT WE'RE AGREEING TO HERE IS GOING TO BE HONORED.
THAT'S WHAT I, BY DEED, AND THAT'S SOMETHING UNUSUAL I WOULD NEVER ACCEPT, UH, IN, IN A NORMAL.
BUT IN THIS PARTICULAR CASE, SINCE IT IS SUCH AN IMPORTANT ITEM TO THEM, AND IT IS SUCH A VISUAL THING IN THAT INTERSECTION, I WOULD ABSOLUTELY SUGGEST TO MY, TO MY CLIENT TO ACCEPT THAT WE HAVE PLENTY OF ROOM LEFT FOR THE HOUSE.
AND ON THE PLA ON THE PLA THE CONSERVATION ON THE PLA, ABSOLUTELY NO PROBLEM AT ALL.
NOW THE ONLY OTHER THING I WANT TO, OKAY, NOW LET'S GO TO THE NEXT, THE ONLY OTHER IMAGE I WANT YOU TO SHARE WITH YOU AND FOR THE NEIGHBORS TO SEE IS THAT IF, IF WE'RE UNSUCCESSFUL IN, IN SUBDIVIDING AND SPEAK TO THE BOARD, I FEEL, SPEAK TO THE BOARD, SPEAK TO THEM, PLEASE.
UM, THE, THERE'S A POSSIBLE ALTERNATIVE TO ANYBODY THAT BUYS THAT PROPERTY.
MY CLIENT IS, IS, UH, QUITE AMAZING PEOPLE.
THESE, THIS COUPLE, UH, DOES MEDICAL
[02:05:01]
RESEARCH.I MEAN, THEY'RE, THEY'RE, THEY'RE WAY UP THERE.
THEY DO THINGS THAT WE DON'T EVEN UNDERSTAND AND THEY HAVE PUT THE ENTIRE FAITH IN ME.
SO I FEEL, I I, THAT I HAVE TO TRY EVERYTHING TO SATISFY HER, THE HUSBAND, THE NEIGHBORS.
AND THE ONLY OTHER THING THAT I CAN SUGGEST TO THE BOARD THAT COULD HAPPEN WHEN THEY SELL THE PROPERTY IS THAT SOMEBODY CAN PUT, THIS IS A BIG PROPERTY.
I'M GONNA PUT A POOL THERE, I'M GONNA PUT A BIG DECK.
AND THE CRITERIA, NO, BUT THE QUESTION IS THE CRITERIA, THE RIGHTS THAT I WOULD HAVE AS A HOMEOWNER.
I CAN CUT ALL THE TREES I WANT.
WELL, I CAN DEN, I CAN DENUDE IT.
I CAN PUT A ROPE AROUND A TREE AND IN THE MIDDLE OF THE STORM AND KNOCK ANY TREE DOWN.
NO, BUT MY POINT IS I KNOW, I KNOW, I KNOW.
I WOULD TAKE THAT STATEMENT BACK RIGHT NOW.
THAT STATEMENT SHOULD NOT BE IN THE RECORD.
EVERY TREE HAS TO REQUIRE RECORD.
AND I, AND I, I AGREE WITH IT A HUNDRED PERCENT MY, BUT THE TRUTH IS, SOMEONE COULD DO IT WITHOUT, SOMEONE COULD DO THAT AND THEN BE FINED OR BROUGHT UP ON WHATEVER IT, BUT SOMEBODY COULD COME IN TOMORROW AND PUT THE BULLDOZER IN WITHOUT SUBDIVIDING IT TOO.
SO, YOU KNOW, THAT'S MY POINT.
BUT, BUT LEGALLY, I COULD COME UP WITH A FLOOR PLAN, AN APPLICATION FOR A POOL AND A POOL DECK.
AND I DO IT FOR SOME OF THESE SILLY BUYERS.
THEY WANT A POOL AND THEY WANT A HUNDRED FEET AND 40 FEET AND A DOOR KITCHEN.
I COULD SEE SOMEBODY FOOLISH ENOUGH TO WANTING, WANTING TO DO THAT.
SO, AND NOBODY, I WOULDN'T HAVE TO COME TO THE PLANNING BOARD.
I WOULDN'T HAVE TO DO ANY OF THAT.
I COULD JUST APPLY FOR A BUILDING PERMIT.
AND THEY HAVE NO CHOICE IN THE MATTER AS WELL.
ACTUALLY, THAT'S NOT TRUE BECAUSE IT, IT REQUIRES A TREE REMOVAL PERMIT.
SO TREE REMOVAL IS NOT A FREE, IT'S NOT A PUBLIC HEARING.
LET ME, LET ME, LET ME STATE WHAT WOULD TAKE PLACE IN CONNECTION WITH A POOL POOL HOUSE IN RELATED, YEAH, THANK YOU.
IF THE APPLICANT SOUGHT TO CARRY OUT A PROPOSAL SUCH AS THIS, THEY WOULD SEEK TO APPLY FOR A BUILDING PERMIT.
UM, BEFORE DOING SO, THEY'D BE DIRECTED TO FILE A WETLAND WATER COURSE CLEARANCE FORM AND A STEEP SLOPE CLEARANCE FORM.
IF BOTH OF THOSE WERE CLEARED AT THE TIME THE WETLAND WATERCOURSE CLEARANCE FORM WAS ISSUED, DAVE BE NOTIFIED THAT THEY NEED TO FILE FOR A TREE REMOVAL PERMIT APPLICATION, WHICH WOULD RUN THROUGH UN UNLESS THERE WAS A NEED FOR A STEEP SLOPE PERMIT OR A WETLAND WATERCOURSE PERMIT, THE TREE REMOVAL PERMIT WOULD RUN THROUGH THE FOREST TREE OFFICER.
IF A STEEP SLOPE OR A WETLAND WATERCOURSE PERMIT WERE REQUIRED, THEN IT WOULD RUN THROUGH THE PLANNING BOARD.
SO THERE WOULD DEFINITELY BE LEVELS OF REVIEW.
IT'S, WE DO NOT KNOW AT THIS POINT IF IT WOULD RISE TO THE LEVEL OF A PLANNING BOARD REVIEW OR NOT, BUT I JUST WANT THE PUBLIC PUBLIC.
BUT IT'S LIKE, IT CAN AUTOMATICALLY DO IT.
IT'S NOT, TRUST ME WITH OUR TREE TREE OFFICERS.
THEY DON'T, THEY'RE VERY SERIOUS ABOUT OUR TREE LAW.
WE HAVE THE, WE HAVE ONE OF THE TOUGHEST TREE LAWS PROPERTY IN THE STATE.
AND YOU KNOW WHAT, THIS PROPERTY IS JUST AS, JUST AS VULNERABLE TO THAT AS ANY OTHER, OTHER PROPERTY.
SO IF YOU THINK ANYTIME WE TAKE DOWN A TREE, SOMEONE GOES, OH YEAH, LET'S JUST LET YOU TAKE IT DOWN.
WHETHER IT COMES TO OUR BORDER OR IT'S JUST OUR TREE OFFICER, THEY KNOW THAT WE CHERISH EVERY TREE IN THIS TOWN.
AND IT REQUIRES A THEM TO LOOK AT THAT 100%.
AND, AND IT'S, IT'S A, IT'S A GOOD LAW AND IT'S, IT WORKS.
I MEAN, I'M BUILDING TWO IF DEGRADED ANY STEEP SLOPE.
I'M BUILDING TWO HOUSES RIGHT NOW.
I'VE GONE THROUGH THE PROCESS.
ANY GRADING ANY GRADING THAT WOULD, CAUSE ALL OF A SUDDEN YOU WERE THE PLANNING BOARD.
AND I THINK IT'S, IT'S, BUT THE POINT IS, SOMEONE COULD BUILD SOMETHING TO TAKE PART.
I JUST WANT, I JUST WANT EVERYBODY TO UNDERSTAND THAT THIS IS, THIS IS AN AREA THAT CAN BE DISTURBED LEGALLY OF AL TO ALMOST THE SAME AMOUNT OF DISTURBANCE, IF NOT MORE.
AND THAT WAS ALSO ONE OF MY SUBMISSIONS.
THE, THE AMOUNT OF DISTURBANCE THAT I COULD DO AS OF RIGHT WITH, WITH FOLLOWING ALL THE OTHER PROCEDURES IS, IS, IS SIGNIFICANT.
AND, AND I COULD, I COULD, UH, I COULD JUST SEE THAT, UH, THERE'S NOTHING TO BE GAINED IN NOT CONSIDERING THIS.
I JUST WANT YOU TO CONSIDER IT.
I WAS SAYING NOT TO CONSIDER IT.
WHAT WE, WHAT WE SENT YOU BACK WITH TONIGHT, AND I DON'T MEAN TO BE HARD ON YOU.
YOU, YOU'VE BEEN IN FRONT OF US.
I'M HAVING ONE OF THOSE NIGHTS.
SERIOUSLY THOUGH, I AM VERY, VERY CONCERNED ABOUT DOING THINGS BY THE BOOK, AS WE DO ALWAYS HERE, NO DIFFERENT TONIGHT THAN ANY OTHER NIGHT.
AND IT, AND AS COR I THINK PUT IT BETTER THAN ANYBODY ON THE BOARD TONIGHT, IS THIS IS SOMETHING THAT IS A, UH, 25% REDUCTION OFF, OFF.
WHAT IS THE CURRENT, CURRENT, UH, ZONING CODE IN THERE? IT'S NOT TO SAY
[02:10:01]
NO, BUT WHAT IT'S SAYING IS THAT MEANS YOU HAVE TO PROVE IT.YOU HAVE TO ANSWER ALL OF THE QUESTIONS THAT WE'VE ASKED.
AND, UM, TAKE THE SUGGESTIONS WE HAVE AND COME BACK WITH A FULL APPLICATION THROUGH STAFF WHO ARE VERY GOOD AT HELPING YOU.
BE PREPARED TO COME BACK TO US.
AND AGAIN, THE ONE THING I CAN TELL YOU IF I WILL BET, I WILL BET YOU DINNER WITH BLUE HILL RIGHT NOW, THAT THIS PLANNING BOARD WOULD NOT GIVE A POSITIVE RECOMMENDATION.
WE MAY GIVE A NEUTRAL RECOMMENDATION, BUT ONE OF THE PRIMARY THINGS HERE IS A ZONE.
WE'RE ASKING FOR 25% REDUCTION.
AND YOU'RE GONNA HAVE TO PROVE IT TO SOMEBODY.
I, WE HAVE TO PROVE IT TO US THAT WE SHOULDN'T GIVE A NEGATIVE RECOMMENDATION.
AND YOU'RE GONNA HAVE TO PROVE IT TO THE ZONING BOARD OF WHY IT'S JUSTIFIED TO DO THIS.
SO THOSE QUESTIONS SHOULD BE ANSWERED.
I LOOK AGAIN AT I APPRECIATE YOU NOT WANTING TO DO A CURB CUT.
'CAUSE OBVIOUSLY YOU CAN'T DO IT ON KESTER BECAUSE OF THE SLOPE.
'CAUSE PLUS YOU TEAR DOWN A WHOLE BUNCH OF TREES DOING IT, YOU, YOU RE DOING IT THIS WAY.
YOU'RE NOT ADDING A LOT OF IMPERMEABLE SURFACE, WHICH IS GREAT.
THE QUESTION I HAVE IS A 14 FOOT WIDE DRIVEWAY, 200 FEET SERVICING FOUR HOUSES TO ME IS A LITTLE SCARY.
I DON'T KNOW WHAT THE FIRE DISTRICT WOULD SAY, SAY ABOUT THAT EITHER.
WE'D HAVE TO ASK SOMEBODY ELSE THAT WE'D NEED TO TALK ABOUT, TALK TO IS THE GREENVILLE FIRE DISTRICT WHO APPLIED.
BUT ANSWER ALL THE QUESTIONS YOU'VE BEEN ASKED.
THE YOU'RE BETTER OFF THAT WE'RE HARD NOW SO YOU CAN GET PREPARED FOR THE APPLICATION.
I I I WANT THE FEEDBACK FROM YOU GUYS.
THE OTHER THING I WOULD SUGGEST, IT SOUNDS LIKE YOU'VE ALREADY STARTED TO TALK TO THE NEIGHBORS.
I'D LOVE TO GET TO TALK TO THEM SOME MORE AND SEE IF THERE'S SOMETHING, IF THEY FIND OUT WHAT THEIR CONCERNS ARE, IT ALWAYS WORKS BETTER IF THE CAN WORK THINGS OUT WITH THE NEIGHBORS BEFORE YOU COME TO US.
I WOULD GLAD MEET WITH THEM FOR LOTS OF REASONS.
NOW, SOME OF THE, THE QUESTION, THE REQUESTS MAY BE UNREASONABLE, AND IF THEY ARE, YOU CAN REJECT THEM.
OR IMPOSSIBLE OR UNREASONABLE OR IMPOSSIBLE.
BUT WHAT YOU IF DO YOUR BEST TO TALK TO THESE PEOPLE OF HOW THIS THING COULD BE IN HARMONY WITHIN THE OTHER THING I, WE ALSO WOULDN'T MIND YOU DOING, I KNOW THAT WE'RE NOT THE ARCHITECTURAL REVIEW BOARD, BUT I'D LIKE TO GET SOME IDEA OF YOUR VISION FOR THE HOUSE IN TERMS OF SIZE.
I LOVE FRANK LARRY, BUT THE HOUSE IS LATE NUMBER ONE GUY.
UH, SO GIVING US SOME IDEA OF THE HEIGHT, HEIGHT OF THE HOUSE AND THINGS LIKE THAT.
AND WHERE, YOU KNOW, THAT'S IMPORTANT AS WELL.
SO WE KNOW WHERE WE'RE ARE ON THAT.
I KNOW IT'S NOT A FINAL COMMITMENT.
WE'RE NOT IN OUR, IT'S ALREADY DESIGNED IN MY HEAD.
I THINK IN, IN THIS WHOLE PROCESS, WE ALSO HAVE TO TAKE A LOOK AT WHAT IS THE ALTERNATE POSSIBILITY FOR DRIVEWAY.
WHAT THE OWNER COULD DO WITH THAT LAND AND OKAY.
AND, UH, AND FROM THE SCREEN I SAW WITH THE POOL, THERE'S NOTHING THAT WOULD JUMP OUT ME SAY ABSOLUTELY NOT.
OF COURSE, WE HAVE TO DO THE STEEP SLOPES AND EVERYTHING ELSE, RIGHT? CORRECT.
BUT THAT, THERE'S NOTHING THAT STANDS OUT TO ME THAT SAYS THAT, UH, AN APPLICANT DOING A PRO ADJUSTMENT COULD NOT BUILD THAT.
SO THAT BECOMES A REAL POSSIBILITY OF THAT BEING DONE.
SO IN THE TOTAL EVALUATION OF THE APPLICANT AND THE NEIGHBORS, THEY SHOULD TAKE THAT INTO ACCOUNT.
IT'S, IT'S, IT'S WHAT, WHAT THE POSSIBLES, UH, UH, UH, DEVELOPMENT OF THAT PARCEL COULD LOOK LIKE.
AND I THINK, I THINK THE KEY THING, UH, WHEN I THOUGHT ABOUT IT, I SAID, YOU KNOW, THIS IS THE KEY THING.
THE NEIGHBORS WOULD APPRECIATE THAT AND WOULD BENEFIT FROM THAT.
LEAVE THE TREES ALONE AND NO CURB CUT.
SO IT, IT, IT WOULD ACTUALLY, UH, IF THIS WAS FINISHED AND IF WE WERE ALL WALKING IN THAT INTERSECTION, I GUARANTEE EVERYBODY WOULD SAY, YOU KNOW WHAT? YOU DID A GOOD JOB, KID.
OH MAN, YOU, YOU DID A GOOD JOB.
AND, AND ALL THE CONSTRUCTION HAPPENED THROUGH THAT SIDE, WHICH YES, HAS A NEGATIVE IMPACT TO THE BUILDINGS THAT ARE EXISTING.
WELL, AS I SAID, I WOULD TALK PARTICULARLY THE NEIGHBORS ACROSS THAT ARE SHARING THAT DRIVEWAY, BUT THE NEIGHBORS AND THE SURROUNDING NEIGHBORS AS WELL.
AND TRY TO AVOID, I WOULD LOVE TO TALK TO ALL OF THEM IF I COULD.
WELL, YOU GET TIME AND JUST COME BACK TO US WITH A FULL APPLICATION TO THESE GUYS WHO ARE VERY GOOD AT GUIDING YOU AS TO WHETHER IT'S, THEY FEEL IT'S COMPLETE OR
[02:15:01]
NOT.UM, ELLIOT, TO YOUR, TO ELLIOT, TO YOUR POINT ABOUT, UM, AMELIA, UM, AMELIA, I'M SO SORRY.
UM, AMELIA, TO YOUR POINT ABOUT THE SCREENING THAT THE WHAT TREES, THE SCREENING THAT THE TREES WOULD AFFORD.
WOULD YOU BE ABLE TO SHOW A POSSIBLE RENDERING FROM, UM, OH, FROM KESTER ROAD? FROM KEMP.
A RENDERING FROM THE INTERSECTION FROM KEMPSTER ROAD WHERE THE TREES WOULD REMAIN.
THE INTERSECTION WOULD BE PROBABLY, OR OR THE INTERSECTION.
SOMEONE DOES A COMPUTER SIMULATOR DRAWING JUST
THERE ARE SLAVES IN INDOCHINA THAT WILL DO THIS FOR $300.
I FOUND A SITE WHERE PEOPLE SEND STUFF.
MARY LESLIE, SHE'S, SHE'S REALLY FOR $300, THEY COME BACK WITH BEAUTIFUL, BEAUTIFUL RENDERINGS.
WHEN YOU GET THESE RENDERINGS, THAT'S, THAT'S WHERE IT'S DONE SOMEWHERE IN SINGAPORE.
IS THIS BEING TELEVISED? AND IT'S VERY, OH BOY, I'M IN TROUBLE A WHOLE BUNCH OF TIMES LATELY.
I I IT'S VERY HELPFUL FIRST, NOT ONLY JUST FOR US, IT'S HELPFUL FOR THE NEIGHBORS TO IMAGINE THAT'S TRUE.
WHAT IT'S GONNA LOOK LIKE TOO.
THAT'S, SO THAT'S RIGHT NOW IT'S, IT'S UH, YOU KNOW, A SITE PLAN.
AND IF THEY'VE NEVER SEEN A SITE BEFORE, IT LOOKS LIKE A BUNCH OF FUNNY LINES.
AND I SEE IT AS A BEAUTIFUL HOUSE IN A BEAUTIFUL TREE INTERSECTION.
HAVE, AND ALL OF THEM TALKING AND THEIR BEING VERY HAPPY.
ANYTHING ELSE THAT, I'M SORRY.
THE, THE AERIAL VIEW DOESN'T NECESSARILY GIVE YOU A SENSE OF WHAT YOU'RE LOOKING AT WHEN YOU'RE ON THE STREET FACE.
ANYTHING ELSE? 'CAUSE I WANNA MOVE ON TO THE LAST PART.
THAT'S WHY COME TO SAY, COME, YOU HAVE SOMETHING.
SAY COME UP TO THE MIC PLEASE.
UH, I'M THE OWNER OF SIX CARS WATERWAY.
I JUST WANT MENTION ONE POINT, UM, THE BOARD MENTIONED THAT, UM, THAT ABOUT THE ZONING CHANGE, UM, THESE TWO LOTS WERE ON ORIGINALLY DIVIDED AS TWO SEPARATE LOTS, I BELIEVE WAS DIVIDED IN 1924.
THE MAIN HOUSE WAS BUILT IN 1938.
SO EACH LOT CONSISTS ABOUT 0.36 ACRES.
OUR NEIGHBOR'S HOUSE ON, UH, THREE CHADAR WOODS ROAD IS 0.3, THREE ACRES, FOUR.
KEMPSTER ROAD IS 0.3, FOUR ACRES AND SIX KEMPSTER ROAD IS 0.33 ACRES.
COWARD IS A BEAUTIFUL OLD NEIGHBORHOOD, BUT THAT ONLY APPLIES TO COSWORTH CHEDDAR WOODS ON, UP, UP.
AND THE ENTIRE KESTER ROAD HOUSES ARE BUILT, I BELIEVE IN THE SIXTIES OR LATER, YOU CAN TELL THEY ARE BANKOS.
AND YOU KNOW, OBVIOUSLY IF YOU SAY THAT, UH, YOU KNOW,
THEY'RE BUILT ON SMALLER KNOTS, SMALLER THAN 0.4 ACRES.
AND THEY'RE OBVIOUSLY, I, I DON'T KNOW.
I CAN'T SPEAK TO WHAT HAPPENED IN THE SIXTIES.
WHAT I MEAN IS THAT, BUT IN R 20, THAT WOULDN'T HAVE ALMOST SAME IS WIN IS WHAT'S YOUR REPEATING IS WHAT EMILIO SAID.
WE DON'T DISAGREE WITH THAT, WHICH IS A GOOD ARGUMENT FOR WHY YOU MAY BE ABLE TO GET THIS VARIANCE.
WHICH EMILIO STARTED TO DO WITH THAT, THAT DIAGRAM, WHICH IS GREAT.
THAT'S ONE OF THE THINGS THAT NEEDS TO BE CONSIDERED.
AT THE END OF THE DAY, WE ARE NOT GONNA MAKE THAT DECISION.
THE ZONING BOARD WILL MAKE THAT DECISION.
WE WORKED, WE'RE VERY GOOD AT WORKING TOGETHER THE TWO BOARDS.
BUT, BUT WE ALSO RESPECT WHAT, WHAT THEIR AUTHORITY IS VERSUS OUR, OUR AUTHORITY IS.
SO WE WE'RE, THAT, THAT'S WHAT I'D SAY.
BUT I UNDERSTAND THAT THERE'S A GOOD ARGUMENT.
MAKE SURE THAT'S IN THERE WHEN YOU COME BACK TO US.
AND WONDER IF YOU GET TO THE ZONING BOARD FOR, UH, APPLICATION OF THAT.
I JUST, JUST SAY, I'M JUST SAYING THE ROAD, THE HOUSES ON KETER ROAD ON KESTER ROAD HAVE THE EXACTLY SAME STEEP SNOWS AND THEY'RE MUCH SMALLER THAN OKAY.
WE LOOK FORWARD TO SEE SEEING YOU WHEN THE APPLICATION IS DONE.
SO YOU WANT A FORMAL, WE SUBDIVISION WITH THE SECOND ALTERNATIVE.
WHAT WE'RE GONNA DO IS, UM, WE'RE GONNA PUT TOGETHER THE MINUTES FROM THIS EVENING.
I'D PROBABLY HAVE BOTH ALTERNA TO GET ALL THE QUESTIONS AND COMMENTS, AND THEN WE'LL HAVE A DISCUSSION.
I WOULD PRESENT, I WOULD PRESENT BOTH ALTERNATIVES ANYWAY.
SO YOU, YOU CAN SEE THAT YOU COULD DO IT THE OTHER WAY, BUT, AND WHY YOU DON'T WANT TO DO IT BECAUSE OF WHAT IT DOES TO VARIABLE SURFACE.
[02:20:01]
HAVE THAT APPLICATION SUBMITTED.SO IT'S SUPPLEMENTING WITH OPTION TWO.
AND DON'T GIVE UP ON THAT LAW.
STEVE, YOU WANNA COME UP? THANK YOU.
DON'T SPEED UP EDGEMONT ROAD TO ANY OF YOU PEOPLE.
IF I SEE YOU ON EDGEMONT ROAD SPEEDING.
DYLAN HAS BEEN DEPUTIZED TO WATCH THAT FROM NOW ON.
AND IF YOU NEED ME, LEMME KNOW.
I'M SORRY, BUT SINCE WE'RE RUNNING LATE ON TIME, IF YOU COULD PULL YOUR DISCUSSIONS OUT TO THE HALLWAY.
READY? EVERY EVERY READY CASE.
CASE PB 22 DASH 21, RA 39 SPRING VALLEY ROAD PLANNING BOARD, STEEP SLOPE AND WETLANDS WATERCOURSE PERMIT.
AS I UNDERSTAND THIS IS ACTUALLY TRYING TO, AND YOU CAN CORRECT ME IF I'M WRONG ON THIS, UH, AMANDA, THIS IS ACTUALLY LEGALIZING A MAJORITY OF THE WORK THAT HAD BEEN DONE PREVIOUSLY.
UM, WHY DON'T YOU PRESENT THIS SITUATION TO US AND GIVE US YOUR NAME, YOUR FULL NAME.
STEVE STEVE ANDERSON FROM GABRIEL SENIOR PC, UHHUH,
UM, IF YOU LOOK AT THE AWARD, UM, UNFORTUNATELY I DID HAVE, I DO ON MY COMPUTER, HAVE THE AREA OF DISTURBANCE, UM, HIGHLIGHTED IT, BUT IT DOESN'T SHOW UP VERY WELL THERE.
UH, BASICALLY IT'S ABOUT 6,000 FEET OF DISTURBANCE.
UH, WE HAVE TO LEGALIZE IT NOW BECAUSE, UH, THE FILL THAT WAS BROUGHT IN, IT'S JUST ON THE BORDERLINE OF 200, UH, CUBIC FEET, UH, CUBIC YARDS.
AND, UH, IT WAS CHECKED AGAINST, UH, WESTCHESTER COUNTY, GISI MEAN, WE CAME INTO THE PICTURE AT THE END, UH, YOU KNOW, AND, UH, WE DID CHECK AGAINST THE RECORDS OF A PREVIOUS SURVEY AND THE WESTCHESTER COUNTY GIS AND DID A CALCULATION.
AND IT'S JUST AT THE THRESHOLD FOR THE FILL PER, WE WILL HAVE TO GET FILL PERMIT.
AND, UH, SO WE DID THE STEEP SLOPE CALCULATIONS.
UH, WE PROVIDED THAT, UM, AS YOU CAN SEE, IT'S, IT'S ALL DESIGNATED ON THERE.
AND THE WETLANDS IS A VERY SMALL AREA.
IT'S LIKE 70 SQUARE FEET THAT YOU COULD SEE WETLANDS, VEGETATION.
AND IS IT A STREAM OR JUST A LITTLE? WELL, THEY'RE LIKE INTERMITTENT, UH, WATERCOURSES.
I THINK WHAT HAPPENS IS WHEN THE STREET OVERFLOWS, RIGHT, I THINK IT GOES DOWN TOWARDS THE SPRINGING PARKWAY.
SO, BUT I DO BELIEVE THAT MOST OF IT GOES, CONTINUES ON, LIKE THERE'S LIKE A WISHING WELL, AND IT COMES OUT YEAH.
AND ALL, BUT I THINK EVENTUALLY IF THERE'S A LARGER STORM YEAH.
THAT GOES DOWN AND, UH, AND THEN ALL TIES INTO THE EDGE OF THE SPRING.
AND ALSO, UM, YEAH, THE WATERCOURSE YOU COULD SEE ON THIS IS THE GREEN LINE.
UH, AND THAT'S BECAUSE IF YOU LOOK AT THE NORTHERLY LINE, IS IT, IT INDICATES WHERE THOSE WATERCOURSE ARE.
SO ALL THE WORK WAS DONE WITHIN THE BUFFER.
YEAH, THE GREEN IS THE BUFFER EXTENDED DOWN SOUTH.
WHERE DOES THE DOTTED, UH, THE DOTTED CIRCULAR LINE? UH, THAT'S THE WETLANDS BUFFER.
SO THE WHOLE WHOLE PROPERTY IS WITHIN THE WEAPONS.
SO YOU BASICALLY CAN'T SNEEZE WITHOUT GETTING A LAND WATERCOURSE PERMIT.
SO ESSENTIALLY WE'RE JUST TRYING TO, UH, GET IT ALL LEGALIZED.
IT'S BEEN TO THE BUILDING INSPECTOR AND WE, THE ONLY ITEM HE HAS NOW IS THE, UH, POOL SETBACK, WHICH SHOULD BE 15 FEET.
AND IT'S 13.1 FROM THE PROPERTY LINE? YEAH.
AND THAT'S, THAT'S THE SITUATION.
SO ONE VARI, ONE VARIANCE HERE.
AND THE ONLY SITE WORK PROPOSED OR REQUIRED YEAH.
IN CONNECTION WITH LEGALIZING THIS ENTIRE PROJECT IS THE INSTALLATION OF THE STORMWATER MANAGEMENT YES.
THAT'S THE OTHER, IF YOU, I CAN GET THAT UP ON THE SCREEN TOO.
DO YOU HAVE A LIST OF ALL THE UM, UH, SHOULD VIOLATION VIOLATIONS AND THE STATUS OF THEM? WE CAN, I CAN GET THAT.
[02:25:01]
IN COURT.THE COURT IS WAITING FOR THE APPLICANT TO MOVE THROUGH THIS PROCESS TO DETERMINE WHETHER OR NOT THERE WILL BE A LEGALIZATION BOTH THROUGH THE PLANNING BOARD AND THE ZONING BOARD.
AND THEY'VE GIVEN THE OWNER TIME TO MOVE THROUGH.
IT'S BEEN A FAIR AMOUNT OF TIME, I WILL SAY, AND PROBABLY BEYOND.
SO THE COURT IS LIKELY HAPPY THAT THEY'RE BEFORE A BOARD AT THIS TIME.
LET ME ASK STAFF, STAFF A QUESTION.
IS THERE ANYTHING THAT YOU THINK ARE STILL MISSING FROM THIS BEFORE WE CAN MOVE FORWARD? YEAH, THAT'S MY POINT.
UM, THE ONLY THING THAT I WOULD BRING TO ATTENTION OF THE BOARD IS THERE WAS CLEARLY WETLAND SLASH WATERCOURSE BUFFER DISTURBANCE.
UM, SOME IN FAIRLY CLOSE PROXIMITY TO THE WATERCOURSE AREA AND RELATED WETLANDS.
OFTENTIMES IF AN APPLICANT WERE TO COME BEFORE THE BOARD AND SAY, HEY, WE SEEK TO, UH, PERFORM THIS DISTURBANCE FOR VARIOUS IMPROVEMENTS IN THE BUFFER, THE BOARD AND THE CAC, WHICH THIS APPLICANT WILL BE GOING BEFORE THE CAC WOULD ASK FOR A BUFFER ENHANCEMENT PLAN, USUALLY DONE THROUGH THE INTRODUCTION OF NATIVE PLANTINGS TO, AS I SAID, ENHANCE THE BUFFER.
I WOULD RECOMMEND THE BOARD CONSIDER THE OTHER QUESTION THAT A REQUEST TO THE APPLICANT.
I, I, I THINK WE NEED THAT BECAUSE IT'S HARD FOR, AT LEAST, IT'S HARD FOR ME TO WRAP MY HEAD AROUND THIS OR MAKE A DECISION WHERE THERE'S SO MANY LEAD, UH, SO MANY VARIOUS THINGS YEAH.
ARE GOING ON THAT WE DON'T KNOW WHAT THE STATUS OF IT ON.
SO WELL, UM, WE WILL GET YOU THE STATUS.
I MEAN THE STATUS IS THEY'RE IN COURT BECAUSE THE IMPROVEMENTS WERE DONE ILLEGALLY AND THEY HAVE TO GO THROUGH THIS PROCESS AND THE COURT'S KIND OF WAITING BECAUSE IF THEY WEREN'T TO GET THE APPROVALS FROM THE PLANNING BOARD, OR THEY WEREN'T TO GET THE VARIANCE FROM THE ZONING BOARD, THEN THE APPLICANT WOULD'VE NO CHOICE BUT TO, OKAY.
BUT AFTER WE KNOW THAT, THEN THE ISSUE FOR ME, OKAY, WHAT ARE THE REMEDIES? RIGHT? SO WHAT, SO IF WE, IF ONE OF THE REMEDIES IS TO DO ADDITIONAL BUFFER PLANTING, SO OBVIOUSLY THAT HAS TO GO TO THE CHC AND IT, THE PROJECT'S GOING TO THE CC, BECAUSE DO YOU KNOW IF THEY'RE ON FOR AN AGENDA THE JULY 11TH CC GETTING ALSO TO THAT POINT? SO MY POINT WAS STORM WATER AND IF THEY REMOVED LOTS OF PLANTINGS AND DISTURB A SIGNIFICANT AMOUNT OF AREA, YOU MAY WISH TO RECON, YOU KNOW, RECOMMEND CERTAIN TYPES OF PLANTING TO ADDRESS QUALITY OF STORMWATER RUNOFF.
AND THAT WOULD COINCIDE WITH A WETLANDS BUFFER AS WELL.
AND ALSO ALSO I SEE HERE, AND WE NEED AN ENGINEERING, SOME KIND OF ENGINEERING REPORT.
YOU'RE PROPOSING THE ADDITION OF SIX CULT TYPES TO TAKE CARE OF THE YEAH.
INCREASE IN PERIPHERAL SURFACE.
SO HAVE, HAS THIS BEEN, BEEN RUN BY ENGINEERING YET TO MAKE SURE THAT, THAT THAT HANDLES, WE TESTED, UH, WE DID THE PERC TEST.
AND, UH, WE HAVEN'T DONE DETEST, BUT, BUT IT HAD SUCH A GOOD RATE, WE COULD USE A LOWER PROFILE.
I WOULD THINK IT'S PRETTY, YEAH.
UM, NOW I KNOW YOU MENTIONED PREVIOUS, UH, IT'S A 25 YEAR STORM, BUT UH, I CALCULATED IT AND THERE'S STILL A LOT OF VOLUME LEFT.
SO EVEN IF YOU WANTED IT UP TO A 50 YEAR STORM, WE, WE LIKE TO DO THAT STEVE, JUST BECAUSE IF YOU'RE DOING SOMETHING NOW MM-HMM.
I DON'T KNOW WHY THEY CALL IT A 50 YEAR STORM ANYMORE.
SO IT'S VERY IMPORTANT TAKES IN THAT AREA BECAUSE YEAH.
SLOTTING, YOU DON'T WANT THE STUFF GOING ON IN THAT RIVER WHICH OVERFLOWS DOWN DOWNSTREAM.
YOU KNOW, SO, YOU KNOW, AS MUCH AS WE ARE GREENBERG AND YONKERS IS YONKERS MM-HMM.
SO, AND LIKE TALKS ON THAT AND GET BACK TO US ON WHETHER NOT YEAH, WELL THE ENGINEERING DEPARTMENT, I WANTED THE ENGINEERING GROUP DEPART TO BLESS THAT THE UH, TECH.
SO THEY'LL LOOK AT IT PRELIMINARILY.
UM, TO SEE IF IT, WHAT WE, WHAT I THINK THE BOARD WILL WANT.
YEAH, THAT WOULD BE, AND FOR HIM TO SAY YES, I AGREE.
THIS PRELIMINARY DESIGN WOULD MEET OR EXCEED THE 50.
AND I JUST WANT YOU TO KNOW THAT UH, THIS DESIGN IS FOR ALL THE NEW WORK, SO, OKAY.
NO TREES, NO TREES GOT REMOVED OR ANYTHING LIKE THAT.
UM, NOT WHETHER THAT WE HAVE ANY RECORD OF NOT, DON'T HAVE ANY RECORD OF.
UM, AND THERE THAT ENHANCEMENT, WHAT ABOUT FE? IS IT FENCING AROUND THE POOL? UM, YEAH, THERE'S NO FENCING.
THERE SHOULD BE LEGALLY, I THINK THEY HAVE TO BE A SIX FOOT FENCE AROUND THE POOL.
THREE AND A HALF OR FOUR? I THINK IT'S FOUR.
SO YOU NEED TO, YOU NEED TO, I MEAN IT DOESN'T HAVE TO BE RIGHT NEXT TO THE POOL, BUT THE POOL HAS TO BE ABLE TO BE BE SURROUNDED.
[02:30:01]
FROM RIGHT.ANYTHING ELSE GUYS? ANYBODY ELSE? SO YEAH, WE'RE ON FOR THE NEXT CAC.
NOW DO WE HAVE TO PRODUCE A PLANTING PLAN? I THINK BY THAT POINT HE SHOULD WORK OVER THE NEXT 10 DAYS.
IT HELPFUL WITH AT LEAST A PRELIMINARY OKAY.
WETLAND BUFFER ENHANCEMENT PLAN THAT HAS APPROPRIATE VEGETATION.
YEAH, I'M SURE YOUR OFFICE HAS WORKED ON THOSE BEFORE.
SO THAT YOU CAN PRESENT IT TO THE CAC, THE CAC C IS GONNA END UP MAKING RECOMMENDATION BACK TO THIS BOARD.
GOING BACK TO THE FILL PERMIT AND THE FILL PROCESS, HAVE YOU WORKED THAT OUT WITH ENGINEERING? IS THAT DONE OR IS THAT IN PROCESS? YEAH, THAT DO YOU HAVEN'T IT'S DONE.
WE HAVEN'T DONE, WE JUST KNOW THAT WE HAVE TO DO, I'M NOT TOO SURE WHAT TESTING THE ONCE.
YEAH, I WAS GONNA ASK, DO WE, DO WE KNOW WHERE THE FILL CAME FROM OR HAS IT BEEN TESTED? UH, DO YOU KNOW WHERE THE FILL YOU BROUGHT IN FILL FOR THE PROJECT? DO YOU KNOW WHERE IT CAME FROM? SURE.
MAY HAVE TO BE COORDINATE WITH YOU MAY HAVE TO, YOU MAY HAVE TO TAKE SOME SAMPLES.
I MEAN, BECAUSE FILL SOMETIMES IS WE UNFORTUNATELY NO FAULT OF YOURS SIR, BUT SOMETIMES PHIL IS TAINTED.
SO, YOU KNOW, NEED TO DO THAT.
UH, WHAT I WAS THINKING IS YOU GET A LITTLE WORK HOMEWORK TO DO AND YOU'RE GONNA MEET WITH THE CAC.
WE, I'D PUT US PUT 'EM ON FOR THE, FOR THE NEXT MEETING IN JULY.
BUT WE NEED, WHAT DO WE WANT STUFF BY? WE TALKED ABOUT THE OTHER DAY.
SO I THINK, UM, THE NEXT MEETING'S, THE 17TH.
I THINK YOU SHOULD PLAN TO GET, UM, YOU KNOW, THAT BUFFER ENHANCEMENT PLAN, AT LEAST A DRAFT VERSION.
SO THAT WOULD BE THE SAME DATE YOU WOULD FILE TO THE PLANNING BOARD.
WHEN'S THE CAC C MEETING AGAIN? THE 11TH.
SO THAT WE WILL HAVE A, WE SHOULD HAVE A REPORT FROM THE CAC BEFORE MEETING THIS MEETING.
I THINK THEY EVEN MAKE A DECISION RIGHT AT THE MEETING.
THEY, BUT, BUT, BUT TERRY, RIGHT AWAY IF WE ASK TERRY TO GIVE US A REPORT, SHE'LL OKAY.
SO I THINK THAT WHAT WE WANT FOR THE PLANNING BOARD.
PLANNING BOARD FOR JULY 10TH, 17TH.
OH, JULY 10TH 17TH MEETING MEETINGS.
JULY 10TH IS AT A MINIMUM OF DRAFT BUFFER ENHANCEMENT PLAN.
SOME COMMUNICATION WITH THE TOWN ENGINEER ON THE FILL.
UM, AND ON THE, THE UM, DRAINAGE.
DO WE NEED FENCE AROUND THE POOL? FENCE AROUND THE POOL? WE'LL, YEAH, WE NEED A PUBLIC HEARING, HEARING.
THIS IS TYPE TWO, PROCEDURALLY IT'S A TYPE TWO ACTION.
WE'LL DO THIS IKA THE NEXT TIME.
UM, SO I THINK NEXT TIME ON THE 17TH, YOU'RE NOT ON FOR THE JULY 18TH ZONING BOARD MEETING, CORRECT? RIGHT.
SO THAT YOU SHOULD ATTEMPT TO FILE FOR THE ZONING BOARD BY THE 15TH.
THEY HAVE ONE MEETING IN AUGUST.
IF YOU CAN SUBMIT FOR JULY 15TH AND GET ON THE AUGUST MEETING, THAT WOULD PUT THIS BOARD IN POSITION EITHER ON JULY 17TH, ON AUGUST 7TH OR AUGUST 7TH.
ISSUE A RECOMMENDATION ON THAT POOL SET BACK THERE.
THANK YOU STAYING AND I APPRECIATE IT.
THAT'S THE END OF THE MEETING FOLKS.