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MIC'S ON.

YEAH.

[00:00:02]

OKAY.

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

GOOD EVENING AND WELCOME TO THE WEDNESDAY, JULY 17TH, 2024 MEETING OF THE PLANNING BOARD.

UM, WE'RE, UH, BACK ON WEDNESDAYS NOW, HOPEFULLY FOR A WHILE.

SO THAT'S WHAT OUR NORMAL IS.

I KNOW THE LAST TWO ARE MONDAY.

I JUST WANT TO LET YOU KNOW THAT WE'RE, THIS IS OUR NORMAL DAY IS WEDNESDAY.

COULD YOU CALL THE ROLE OF MR. SCHMIDT? SURE.

CHAIRPERSON SCHWARTZ? HERE.

MR. HAY? HERE.

MR. STAGS? HERE.

MR. GOLDEN.

HERE.

MS. SPARKS PRESENT.

UH, AS OF RIGHT NOW, I, WE KNOW THAT MR. DESAI WON'T BE PRESENT.

RIGHT.

AND WE'RE WAITING FOR MS. DAVIS AND MR. SIMON POTENTIALLY ON ZOOM.

MR. DAVIS.

UH, MS. DAVIS IS, I WOULD DOUBT GONNA MAKE IT FROM AFTER TALKING TO HER THIS AFTERNOON.

SHE'S TIED UP WITH, WITH SOME CRISES THIS AFTERNOON.

SO THAT MEANS MS. FOX IS A VOTING MEMBER OF THE BOARD TONIGHT.

HERE'S MR. SIMON.

AND MR. SIMON HAS JOINED US, UH, ON ZOOM.

UH, JUST WANNA MAKE ONE QUICK NOTE.

UH, THREE OF THE PHYSICALLY PRESENT BOARD MEMBERS, AS YOU KNOW, WE NEED FOUR FOR A QUORUM, ARE ALSO MEMBERS OF, UH, THE VIABLE LIVING INCORPORATED AS A RESULT OF THE TB ONE RESOLUTION.

THE STATUS OF THESE MEMBERS, AS WELL AS MR. SIMON WHO IS ON, UH, ZOOM RIGHT NOW IS, IS IN QUESTION.

I JUST WANT YOU GUYS TO KNOW THAT, TAKE IT AND PROCESS IT HOWEVER YOU WANT, BUT I JUST WANTED TO MAKE THAT CLEAR FOR THE RECORD THAT THAT'S THE CASE.

OKAY.

ALRIGHT.

LET'S GO ON APPROVAL WITH, UH, APPROVAL OF MINUTES.

ANYBODY HAVE ANY CHANGES TO THE MINUTES? I HAD NO CHANGES.

I THOUGHT THEY WERE EXCELLENT.

ANYONE? WALTER, DO YOU HAVE ANY CHANGES TO THE MINUTES? I THINK HE'S ON COLORADO HIGH.

I'M NOT SURE.

WALTER, CAN YOU HEAR US? OKAY? SO WE'LL JUST NOT INCLUDE HIM IN THE VOTE.

I GUESS.

I DON'T KNOW IF HE'S, IF HE'S NOT GONNA, I MOVE TO ACCEPT THE MINUTES IS READ.

OKAY.

CAN I HAVE A SECOND PLEASE? SECOND.

ALL IN FAVOR? AYE.

AYE.

ALL OPPOSED? ABSTENTIONS.

OKAY.

THE MINUTES.

HAVE VERY GOOD JOB AGAIN BY MATT.

'CAUSE THIS WAS A, THIS WAS A VERY LONG, COMPLEX MEETING THAT WE HAD, SO I APPRECIATE ALL THE WORK THAT, UH, STAFF DOES.

AND MATT DOES THIS, THE MINUTES IN PARTICULAR, SO GREAT STUFF.

UM, WHAT'S HIS STORY? OKAY.

WAS HE, IS HE HE'S COMING.

HE'S COMING.

OKAY.

WE HAVE ONE THING IN CORRESPOND ENCE.

IT'S AN EXTENSION.

UH, WE WILL PUT THAT OFF, UH, UNTIL THE APPLICANT, UH, COMES.

SO WE'LL GO TO THE OLD BUSINESS FIRST, WHICH IS CASE BBB, UH, 2201, WHICH IS A RE SUBDIVISION.

UM, AND THEY'RE HERE FOR, UH, A FI FOR THE FINAL SUBDIVISION.

UM, MR. SCHMIDT, DO YOU WANNA TAKE A QUICK DESCRIPTION OF IT AND, UH, TELL THE STATUS VERSUS WHERE, WHERE WE WE'RE AT THE PRELIMINARY STAGE, PLEASE.

RIGHT.

SO YOU, YOU MAY RECALL AGAIN, CASE PB 22 DASH ZERO ONE REESE SUBDIVISION, BEAVER HILL ROAD.

YOU MAY RECALL IT INVOLVED MULTIPLE APPLICANTS JOINING IN ON THE APPLICATION IN CONNECTION WITH A REESE SUBDIVISION OF NINE EXISTING TAX LOTS.

UM, AND THAT THEY WERE EACH GETTING A PIECE OR STRIP OF LAND ACROSS A, A, A LENGTHY PIECE OF PROPERTY.

UH, WENT THROUGH, UH, AUCTIONING AND THEN COURT PROCEEDING.

ULTIMATELY, THEY WERE ABLE TO OBTAIN PRELIMINARY SUBDIVISION APPROVAL FROM THIS BOARD.

UH, THEY HAVE GOTTEN THE PLAT ENDORSED BY THE WESTCHESTER COUNTY HEALTH DEPARTMENT.

THERE HAVE BEEN NO SIGNIFICANT ALTERATIONS THAT WOULD WARRANT, UH, THE BOARD, YOU KNOW, REOPENING THE PUBLIC HEARING.

SO, BY ALL MEANS, YOU HAVE THE OPPORTUNITY TO WAIVE THE PUBLIC HEARING ON FINAL SUBDIVISION AND THEN CONSIDER A DECISION ON THE FINAL SUBDIVISION.

NO, NO, UH, SPECIFIC CONDITIONS THAT WERE NOT ALREADY INCLUDED IN THE PRELIMINARY.

OKAY.

THEN IN THAT CASE, WE HAVE TWO, TWO VOTES TO TAKE.

UH, THE FIRST ONE WOULD BE TO WAIVE THE PUBLIC HEARING.

CAN I HAVE THAT MOTION? SO I'LL MOVE SECOND.

UH, TOM AND JOHANN.

ALL IN FAVOR? AYE.

AYE.

ALL OPPOSED? ABSTENTIONS.

OKAY, THAT PASSES.

AND SECOND, COULD I HAVE A MOTION TO APPROVE THE FINAL SUBDIVISION? SO MOVED.

JOHANN, DO I HAVE A SECOND PLEASE? SECOND IS TOM ALL IN FAVOR? AYE.

ALL OPPOSED? OKAY, CARRIES.

THANK YOU.

THAT WAS EASY.

OKAY.

LEE CHANG, UM, WE WERE LOOKING FOR AN UPDATE ON THE BUFFER.

WE ALSO GOT A NOTE FROM THE CACI BELIEVE ON THIS.

THE APPLICANT HERE? YEAH, WE THE APPLICANT'S ONLINE.

OKAY.

WE HAVE SOPHIAS.

UM, DO YOU WANT TO GIVE US A QUICK UPDATE, AARON, AND THEN WE CAN DISCUSS WHAT WE NEED TO DO TO SIDE OF WHAT WE'RE GONNA DO NEXT? SURE.

SO CASE NUMBER PB 23 DASH 24, LEANNE

[00:05:01]

CHANG, TWO 60 SOUTH HALEY AVENUE PO SCARSDALE.

THIS RELATES TO A WETLAND WATER COURSE PERMIT AND A TREE REMOVAL PERMIT IN CONNECTION WITH, UH, THE DEMOLITION OF AN EXISTING HOME THAT BURNED DOWN AND CONSTRUCTION OF ONE NEW SINGLE FAMILY HOME ON THE PROPERTY.

PROJECT WAS LAST BEFORE THE PLANNING BOARD ON JULY 1ST.

AND AT THAT TIME, SOME ADDITIONAL QUESTIONS WERE ASKED OF THE APPLICANT'S REPRESENTATIVE.

WE HAVE MAGEL SOPHIAS HERE THIS EVENING ON ZOOM.

UH, IN SPEAKING WITH THE TOWN ENGINEER, MATT BRITTON FROM OUR OFFICE COMMUNICATED DIRECTLY WITH THE TOWN ENGINEER WHO INDICATED THAT HE HAS REVIEWED THE APPLICANT'S STORMWATER MANAGEMENT PLAN AND WOULD BE IN A POSITION TO ISSUE A STORMWATER MANAGEMENT PERMIT IF THIS BOARD MOVE FORWARD WITH APPROVALS ON THE WETLAND WATER COURSE PERMIT AND TREE REMOVAL PERMIT.

SO HE IS SATISFIED WITH THAT DESIGN AND THE SUBMISSION INVOLVED WITH IT.

OKAY.

WHY DON'T YOU ALSO JUST MENTION WHAT THE CAC WAS RECOMMENDING, PLEASE.

SO, THE CAC UH, DID ISSUE A POSITIVE RECOMMENDATION IN CONNECTION WITH THE PROJECT, UM, THAT WAS CIRCULATED TO THIS BOARD AND, UH, THEY WERE SATISFIED, UH, IN, IN TERMS OF THE DESIGN, THE LAYOUT THEY DISCUSSED AND REVIEWED THE, UH, ADDITIONAL LANDSCAPING TO BE INSTALLED IN CONNECTION WITH THE PROJECT.

FULLY SATISFIED.

OKAY.

DIDN'T THEY ASK IF THEY WANTED THE, BUT THEY ALSO RECOMMENDED THE BUFFER THAT WE HAD DISCUSSED IN THIS MEETING, DIDN'T THEY? THE LANDSCAPE BUFFER? WASN'T THERE A BUFFER IN THIS ONE? SO THEY'RE DISTURBING SOME, UH, SOME OF THE WETLAND WATER COURSE BUFFER, RIGHT? 'CAUSE THERE'S A WATERCOURSE THAT RUNS THROUGH THE DOWNHILL RIGHT SIDE OF THE PROPERTY AND THEN ENTERS A CULVERT, RIGHT? SO THEY WANTED THE BUFFER RESPECTED.

RIGHT.

AND, UH, TO THAT DEGREE, THEY, THEY'RE NOT INTRUDING ANY FURTHER THAN THEY NEED TO NATIONAL PROPERTY.

OKAY.

I JUST WANNA MAKE SURE THAT WAS ON THE RECORD.

OKAY, GREAT.

THANK YOU.

YOU'RE WELCOME.

UM, SO AT THIS POINT, UM, IT'S A MATTER OF SETTING IT FOR PUBLIC HEARING.

DO WE NEED A MOTION FOR THAT TO SET THE PUBLIC HEARING? NO.

OKAY.

SO WHY DON'T WE JUST HAVE ANY QUESTIONS FOR ANY, ANY QUESTIONS FROM THE BOARD? NO.

OKAY.

SO WHY DON'T WE SET THIS FOR AUGUST 7TH? YES.

OKAY, GREAT.

ALRIGHT.

OKAY.

WE'RE MOVING RIGHT ALONG.

ALL RIGHT.

SO MR. SOPHIA, THANK YOU VERY MUCH EVERYONE.

THANK YOU.

WE'LL GET YOU THE PUBLIC HEARING NOTICE AS WELL AS THE, UH, SIGNAGE TO BE INSTALLED ON THE PROPERTY, LIKELY, LIKELY TOMORROW OR FRIDAY.

OKAY? SURE.

THANK YOU VERY MUCH.

YOU'RE WELCOME.

OKAY.

NEXT ON THE AGENDA.

MOVING RIGHT ALONG, DENNIS, THIS IS GREAT.

UM, RA 39 SPRAIN, UH, SPRAIN VALLEY ROAD.

UM, IT'S FOR PLANNING BOARD.

STEEP SLOPE PERMIT, WATERCOURSE PERMIT, AND ALSO A RECORD TO THE ZONING BOARD.

UM, YEAH, STEVE ANDERSON REPRESENTING, REPRESENTING, UM, THIS IS A CONTINUATION OF WORK SESSION THAT WE'VE BEEN HAVING.

AND THIS IS FOR THE LEGALIZATION, I BELIEVE.

MM-HMM.

OF, OF WHAT IT HAD BEEN PREVIOUSLY DONE.

DONE.

THAT'S CORRECT.

UM, STEVE, DO YOU HAVE SOMETHING TO ADD FROM OUR LAST, LAST MEETING? UH, WELL, GOOD EVENING, FIRST OF ALL.

YEAH.

AND, UH, THANK YOU.

YOU KNOW, UH, WE BASIC, I BASICALLY ADDED THE ITEMS REQUESTED.

YOU COULD JUST INTRODUCE YOURSELF FIRST.

OH, STEVE ANDERSON FROM GABRIEL EC PC, LANCE SURVEYERS AND ENGINEERS.

AND, UM, LAST TIME YOU WERE CONCERNED WITH LIKE THE STORM WATER, YOU WANTED 50 YEAR STORM.

SO I CHECKED THE NUMBERS, DID THE CALCULATIONS, AND STILL THE SAME NUMBER OF CALL TEXTS, BUT IT IS DESIGNED FOR A 50 YEAR STORM.

50 YEAR STORM.

MM-HMM.

, UH, A POOL FENCING, UH, PUT ON THE PLAN AND BASICALLY WENT TO THE CAC FOR THE WETLANDS PLANTINGS.

MM-HMM.

.

AND, UH, YOU KNOW, THEY, IT SHOWS ON THE PLAN NOW.

SO WHEN YOU HAVE, SO THAT'S BASICALLY THE CHANGES THAT, THAT HAPPENED AND WE SUBMITTED FOR ZONING OR OKAY.

WE HAVE THE PROCESS GONE.

SO, SO YOU, YOU'RE ADOPT YOU'RE ADOPTING THE RECOMMENDATION OF THE CAC IN TERMS OF THE, OF THE BUFFER.

YEAH.

OKAY, GREAT.

YEAH.

AND THEY ALSO HAD, I DO HAVE TO PUT ON IT, THE, YOU KNOW, THE POOL WILL BE DRAINED, UH, BE TRUCKED BY TRUCK OUT IT TOWN LAW.

TOWN LAW.

YEAH.

YEAH.

OKAY.

OKAY.

ANYBODY HAVE QUESTIONS FROM THE BOARD? SO I SPOKE TO ENGINEERING.

UM, THERE STILL IS THE PROCESS OF LEGALIZING THE FILL THAT WAS BROUGHT IN.

YES.

YEAH.

THAT KICKS IN QUANTIFYING IT CUBIC YARD.

SO WE'RE GONNA HAVE TO DO THAT.

THANK YOU, AMANDA FOR THAT.

APPRECIATE THAT.

SO I DON'T SEE ANY REASON THOUGH THAT WE CAN'T MOVE FORWARD ANYWAY.

UH, WHILE YOU DO THAT, OBVIOUSLY YOU'RE NOT GONNA GET ANY FINAL APPROVALS.

SO THAT'S DONE.

OKAY.

'CAUSE THAT'S AN, AN IMPORTANT THING, LEGALIZING THAT FAILED.

BUT IN THE MEANTIME, THERE'S NO REASON WHY WE CAN'T, WE CAN'T SEND A RECORD, UH, TO THE ZONING BOARD, I THINK THIS EVENING.

OKAY.

OKAY.

UH, FIRST, UH, JUST TO, WE GOTTA DO SEEKER.

OKAY.

WHICH IS THIS A TYPE TWO ACTION UNDER SEEKER COULD HAVE A MOTION TO DECLARE THIS.

A TYPE TWO ACTION UNDER SEEKER, PLEASE.

SO MOVED.

THANK YOU, AISHA.

SECOND, SECOND.

SECOND.

JOHAN.

ALL IN FAVOR? A.

AYE.

ALL OPPOSED PASSES.

UM, THEN WE

[00:10:01]

NEED TO DO A, MR. CHAIRMAN, MR. CHAIRMAN.

AYE.

YES, MR. SIMON.

WELCOME.

COME ONLY, ONLY ON FOR ABOUT, UH, 15, 20 MINUTES.

I JUST WANTED TO ASK, IS THERE ANY DISCUSSION ABOUT, UH, THE ETT COURT TONIGHT? IF IT IS, I'D LIKE TO MAKE A STATEMENT BEFORE I LEAVE.

THIS IS NOT, THEN I'LL NOW I ALL WE DID OF NOTE PUT IN THE RECORD THAT THREE OF THE FOUR OF VI THREE, THE THREE SITTING PEOPLE HERE AND YOURSELF, UH, ARE MEMBERS OF, UH, VIABLE LIVING INCORPORATED.

AND AS A RESULT OF TB ONE, OUR STATUS IS, UH, UNCLEAR AT THE MOMENT.

THAT'S ALL I SAID.

SO, UM, I THINK THAT, I THINK THAT'S ENOUGH.

I, I THINK THERE'S ENOUGH, THERE'S ENOUGH ENOUGH IN THE PRESS THAT GOING AROUND THAT WE DON'T NEED TO DISCUSS IT ANYMORE AT THIS POINT.

OKAY.

I THANK, THANK YOU MR. SIMON.

AND ENJOY, ENJOY WHEREVER YOU ARE TONIGHT.

I APOLOGIZE FOR, UH, LOGGING IN.

I'M THE ROCKIES VERY POOR COMMUNICATION.

TOOK ME A LONG TIME TO GET ON AND, UH, OKAY.

SO, UH, I DID NOT HAVE THE OPPORTUNITY TO READ ANYTHING IN THE, IN THE PACKET UNTIL THAT SAID, I, I'VE BEEN ON VACATION, SO I, UH, SO I DON'T FEEL BAD IN THAT, UH, SAYING THAT I WOULD BE LEAVING A FIVE 30 FOR DINNER WITH, UH, WITH MY GROUP.

SO YOU HAVE THE FORM THERE TO CONDUCT BUSINESS.

AND SEEING HOW I DID NOT READ THE MATERIAL, I THINK I COULD WON'T HAVE ANYTHING OF MUCH VALUE TO ADD TO THOSE VENDORS WHO TOOK THE TIME.

I DO WANNA, I DO WANNA SAY THAT MATT REALLY SHOULD HAVE GOTTEN ON A PLANE AND GOTTEN YOU THE PACKET, BUT, YOU KNOW, HE'S NOT HERE TO DEFEND HIMSELF AT THE MOMENT.

SO, UM, JUST KIDDING.

WALTER, HAVE A, A GOOD TIME OUT THERE AND BE SAFE AND, UH, LOOK FORWARD TO SEEING YOU BACK.

THANK YOU.

OKAY.

VERY GOOD.

OKAY, THANK YOU.

SO WHERE, WHERE WE WERE IS A RECORD TO THE ZONING BOARD.

UM, LET'S HAVE A DISCUSSION ABOUT WHETHER THIS SHOULD BE POSITIVE, NEUTRAL, OR NEGATIVE.

DO YOU WANT ME TO STATE WHAT THE VARIANCE IS? WHAT YES, WHAT IS THE VARIANCE REQUIRED? YEAH, SO I WILL GO THROUGH THAT.

IT'S, SO AGAIN, THIS PROJECT IS ALL RELATED TO LEGALIZATION OF WORK PREVIOUSLY CONDUCTED.

THE ONSITE POOL, UH, THAT WAS CONSTRUCTED WITHOUT PERMITS WAS SET INTO THE SIDE PROPERTY LINE.

THE REQUIREMENT IS 15 FEET OFF THE SIDE PROPERTY LINE AND THE POOL SITS AT 13.1 FEET.

OKAY.

SO THAT'S THE ONLY, DO YOU KNOW HOW THAT HAPPENS? WHAT IS IT? IT'S 1.9 FEET, YOU KNOW, TOO CLOSE.

YEAH, IT'S 1.8.

IT WAS BUILT.

UH, YOU KNOW, DO YOU KNOW HOW OR WHY THAT HAPPENED? UH, IT STARTED DURING THE PANDEMIC.

SO AT THAT TIME I, PEOPLE WERE DOING THINGS, YOU KNOW, WITHOUT PERMITS AND STUFF OR FELT THAT THEY, YOU KNOW, COULD PROCEED WITH THAT.

I MEAN, WAS IT THAT NOBODY FOCUSED ON THE SETBACK REQUIREMENT? I MEAN, WHAT HAPPENS HERE? YEAH, AND I THINK HE JUST WANTED TO LINE UP WITH THE DECKING AND EVERYTHING.

LIKE THE POOL LINES UP WELL WITH, UH, YOU KNOW, THE GAZEBO AND THE DECK.

SO, SO WAS IT LIKE AN OVERSIGHT? YEAH.

IT'S JUST AN OVERSIGHT, YES.

OKAY.

OKAY.

ALRIGHT.

ALRIGHT.

WOULD MICHAEL, DO YOU HAVE A THOUGHT OF, UH, WHAT KIND OF RECOMMENDATION WE SHOULD GIVE, UH, THE ZONING BOARD THEN I GUESS WE SHOULD OBSERVE THAT IF THE VARIANCE IS DENIED, YOU'RE GONNA HAVE TO RIP OUT THE POOL.

AM I RIGHT ABOUT THAT? YEAH, WE'D HAVE TO CORRECT THAT.

YES.

YOU'D HAVE TO RIP OUT THE POOL.

YEAH.

SO I MEAN, MY INCLINATION IS A NEUTRAL RECOMMENDATION WITH A COMMENT THAT, YOU KNOW, FOR THE 1.9 FEET OF THE ZONING, YOU KNOW, VARIANCE IS DENIED.

THEY'RE GONNA HAVE TO RIP OUT THE POOL AND REBUILD IT OR WHATEVER.

OR IS IT JUST A POOL DECK? NO, THE POOL.

POOL POOL.

IT'S A POOL POOL ITSELF.

YEAH.

SORRY.

WELL, BEYOND THAT, I BELIEVE YOU'VE HAD TO BE, THEY WERE IN COURT, AMANDA? YES, SIR.

COURT.

AND YOU HAVEN'T BEEN PENALIZED IN SOME WAY BY, ON, ON THIS.

THE FINES, I BELIEVE, AND BUILDING PERMIT FEES WOULD BE TRIP KIT.

OKAY.

SO THE FINES, HOW MUCH WOULD THEY FIND TRIPLE BUILDING FEES AND ANYTHING ELSE, AMANDA? I'D HAVE TO ASK.

CHECK.

OKAY.

I THINK WE SHOULD PUT THAT IN THERE AS WELL.

THAT THEY RECOMMENDATION THAT THEY'VE, YOU KNOW, YOU KNOW, OKAY.

RIGHT.

BEEN FINED AND THEY HAVEN'T, TO MY KNOWLEDGE, BEEN FINED YET.

WILL, IT'S STILL WITHIN THE COURT SYSTEM.

THEY'RE, THE COURT IS AWAITING THE DECISIONS OF THE PLANNING BOARD AND THE ZBA.

OKAY.

I LIKELY TO BE FINE.

IS THAT FAIR? RIGHT.

BUT A RETROACTIVE BUILDING PERMIT FOR LEGALIZATION IS TRIPLICATE.

OKAY.

SO THAT ALONE IS, IS A PENALTY.

YEAH.

YEAH.

OKAY.

ALRIGHT.

ANYBODY ELSE? I'M OKAY WITH NEUTRAL

[00:15:01]

TOO.

OKAY.

ME TOO.

CAN I HAVE A MOTION THEN PLEASE? SO MOVED.

MICHAEL, CAN I HAVE A SECOND, PLEASE? SECOND.

SECOND, YOUR HONOR.

ALL IN FAVOR? AYE.

ALL OPPOSED PASSES.

THANK YOU VERY MUCH.

THANK YOU.

THANK YOU, STEVE.

HAVE A GOOD NIGHT.

BE SAFE.

DO WE NEED TO DO A STEVE SLOPE, UM, FOR THAT? NO, IT'S GONNA, SO IT'S GONNA KICK OVER.

IT'LL COME BACK FOR A PUBLIC HEARING ONLY, THE ONLY THING, ONLY THINGS IN CORRESPONDENCE MIGHT, MICHAEL, WERE THE EXTENSION AND WE'RE WAITING LIO TO GET HERE TO STILL NOT HERE.

HE'S NOT HERE.

OKAY.

LIO OR MR. EMILIO OR MR. KAUFMAN? I SPOKE TO EMILIO TODAY.

E EITHER ONE.

OKAY.

HAS TO COME AND EXPLAIN.

I'M HERE.

I'M HERE.

CAN YOU HEAR ME, MR. KAMAN? OKAY, THEN LET'S DO THIS.

NOW LET'S EXPLAIN WHAT THIS IS.

UH, CAN YOU HEAR ME? YES, WE CAN.

UH, BEFORE YOU SPEAK, UH, MR. MR UH, SCHMIDT.

THANK YOU.

MR. SCHMIDT WILL, UH, DESCRIBE WHAT, WHERE WE'RE AT WITH THIS.

THANK YOU.

SO, WHERE WE ARE WITH THIS, IT'S CASE NUMBER PB 19 DASH 26, THE KAUFMAN SUBDIVISION, 36 HILLCREST AVENUE.

THEY'VE HAD PRELIMINARY SUBDIVISION, UH, APPROVAL FOR LONG STRETCH OF TIME.

THEY'VE COME TO SEEK AN EIGHTH EXTENSION OF THE PRELIMINARY SUBDIVISION APPROVAL.

THEY SOUGHT TO FILE, UH, FOR FINAL SUBDIVISION.

HOWEVER, STAFF BROUGHT TO THE ATTENTION OF THE APPLICANT, UH, THAT THEY, THERE WAS A REQUIREMENT UNDER THE PRELIMINARY SUBDIVISION APPROVAL TO AT LEAST MAKE APPLICATION TO THE VILLAGE OF ARDSLEY IN CONNECTION WITH THE EXTENSION OR WIDENING OF, UH, SPRINGWOOD AVENUE FOR A STRETCH OF LAND.

THAT, BECAUSE THEY HAVE PROPERTY THAT ALSO EXTENDS INTO THE VILLAGE, IF YOU RECALL THAT PROJECT.

CORRECT.

SO THAT WAS SUBMITTED TO THE VILLAGE.

I SPOKE WITH MR. ESTIS TODAY TO ATTEMPT TO FIND OUT WHAT THE DELAY WAS IN CONNECTION WITH FILING.

FIRST OFF, STAFF DIDN'T BRING IT TO THEIR ATTENTION UNTIL ABOUT SIX MONTHS AGO, ALTHOUGH THEY HAD THE PRELIMINARY SUBDIVISION APPROVAL.

WHEN WAS IT FILED THOUGH, AARON? SO IT WAS FILED, UM, JUNE, RIGHT IN, IN JUNE.

AND MR. ESTIS INDICATED TO ME A COUPLE THINGS.

ONE, UH, HE IS JUGGLING A LOT OF PROJECTS, SO HE APOLOGIZED.

HE'S ALSO HAD, UM, SOME HEALTH ISSUES.

SO THAT WAS HIS DELAY.

HE PUTS THE ONUS ON HIMSELF, NOT ON MR. KAUFMAN, WHO'S EAGER TO MOVE THIS FORWARD AND OBVIOUSLY ON, UH, THE ZOOM CALL TONIGHT.

OKAY.

UM, MR. KAUFMAN, DO YOU HAVE ANYTHING TO SAY BEFORE WE DISCUSS IT IN THE BOARD? NO, I THINK EVERYTHING MR. SCHMIDT SAID WAS ACCURATE.

I KNOW MIL HASS BEEN UNDER A LOT OF PRESSURE LATELY AND, UH, YOU KNOW, IT'S A LOT OF THINGS FOR HIM.

SO, UH, YOU KNOW, AS, AS AARON SAID, HE HAD TAKEN THE ONUS ON HIMSELF.

YOU KNOW, I, I REMIND HIM AS CHECK AS I CAN, BUT THERE WAS AN INTERVAL THERE WHERE HE WAS REALLY, REALLY WAITING FOR SOME SERIOUS, UH, TEST RESULTS TO COME BACK AND, UH, AND THAT CAN BLEND ANYONE TO THE HALT.

OKAY.

AARON, YOU HAVE SOMETHING ELSE TO SAY BEFORE? YEAH, I WAS JUST GOING TO ADD THAT COMMENTS.

I CAN CONFIRM THAT THE APPLICATION WAS NOT ONLY SUBMITTED TO THE VILLAGE, BUT IT'S BEEN PRELIMINARILY REVIEWED BY THE VILLAGE.

THE VILLAGE HAD A QUESTION, WHICH THEY PASSED ALONG TO ME, RELATED TO WHEN THEY CUT INTO THE SLOPE TO WIDEN THE ROADWAY.

UM, HOW ARE THEY GONNA HOLD BACK, YOU KNOW, UH, THE ROCK AND, AND THE EXPOSED DIRT THAT ARE, IS GONNA BE CUT INTO.

SO, MR. ESTIS IS WORKING ON ADDRESSING THAT WITH THEM, WHETHER IT INVOLVES JUST, EXCUSE ME.

HANG ON.

WHAT'S THE, YEAH, WHOEVER I THINK IT'S, I THINK IT MIGHT BE, COULD YOU MUTE MR. COFFMAN? MR. COFFMAN, COULD YOU MUTE YOUR MIC? THANK YOU.

SO WHETHER HE'S GONNA TAPER BACK THE SLOPE TO MEET ACCEPTABLE STANDARDS OR CREATE A SMALL LITTLE WALL, UM, TO ADDRESS IT, HE'S WORKING ON THAT AND EXPECTS TO IRON THAT OUT WITH THE VILLAGE SOON.

SO I THINK THEY'LL BE ABLE TO MOVE FORWARD WITH FINAL IF THE, IF GRANTED ONE ADDITIONAL.

OKAY.

I HAVE ONE.

HOW LONG AN EXTENSION DO THEY WANT? A HUNDRED DAYS? WHERE THEY ASKED FOR SIX MONTHS, BUT, BUT BEFORE I HAVE ANOTHER QUESTION THOUGH.

IF THEY MODIFY THAT SLOPE, THEY NEED A PERMIT.

UH, SO THAT WOULD BE IN THE VILLAGE RIGHT OF WAY? NOT WITHIN THE TOWN.

OKAY.

SO THAT'S NOT, NOT OUR, THAT'S NOT OUR JURISDICTION.

IT'S NOT OUR JURISDICTION.

ANY COMMENTS ABOUT THIS? I DON'T HAVE A PROBLEM EXTENDING.

I MEAN, IT'S THE EIGHTH EXTENSION.

I KNOW SOME OF IT WAS OUT OF THEIR HANDS.

IT WAS OUR PERSONNEL SWITCHING OVER ENGINEERING, INSPECTION, WHATEVER IN THE HEALTH DEPARTMENT.

BUT I JUST WANNA MAKE IT CLEAR.

I DON'T FEEL LIKE WE SHOULD EXTEND BEYOND THIS.

OKAY.

SO ONE MORE, BUT THAT'S AS FAR AS I WOULD GO.

AND I'M SORRY IF I CUT YOU OFF, YOUR HONOR.

NO, THAT'S FINE.

THAT WAS IT.

I DON'T HAVE A PROBLEM WITH IT.

THAT WAS MY STATEMENT ON THAT.

ARE YOU SURE? DO, DO YOU HAVE ANYTHING TO SAY ON THIS ONE? NO.

OKAY.

I, I, I KIND OF WHERE, WHERE TOM IS AND I ALSO QUESTION WHETHER THEY REALLY NEED 180 DAYS TO DO THIS.

I MEAN, THEY'VE HAD

[00:20:01]

A LONG I UNDER, I FEEL FAMILIAR.

OKAY.

BUT AT THIS END, AT THE END OF THE DAY, WE CAN'T JUST AS A PRECEDENT KEEP GIVING EXTENSION AFTER EXTENSION IF THIS WAS THE THIRD EXTENSION TO BE NO BRAINER, BUT IT'S THE EIGHTH.

OKAY.

WHICH IS A LOT.

UM, SO THE QUESTION IS WHETHER DO THEY NEED THE HUNDRED EIGHT DAYS, AMANDA? WELL, THE APPLICANT SHOULD CHECK IN PROBABLY WITH STAFF TO GIVE A TIMELINE OF MEETING CERTAIN DEADLINES ALONG THE WAY.

RIGHT.

SO WE'VE DONE THAT WITH OTHER PROJECTS.

IF YOU RECALL THE REBO SUBDIVISION, THEY DO.

MR. C'S OFFICE GIVES MONTHLY UPDATES TO MY OFFICE ON PROGRESS.

RIGHT.

UH, WE CAN DO THAT.

THE SAME HERE WITH MR. ESCALADES.

CAN WE DO, WHEN WE DO THAT, DO WE GIVE THEM THE 180 DAYS, BUT THEY HAVE TO CHECK IN EVERY MONTH? IS THAT WHAT IT'S, THAT WOULD BE MY RECOMMENDATION.

THAT'S WHAT I WOULD RECOMMEND AS WELL.

OKAY.

CAN I HAVE A MOTION TO THAT EFFECT THEN? SO, MOVE.

OKAY.

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

SECOND.

IS JOHANN ALL IN FAVOR? AYE.

AYE.

ALL OPPOSED? OKAY.

WE'RE DONE WITH THE EXTENSION.

THANK YOU VERY MUCH MR. CRAFTMAN.

HAVE A GOOD NIGHT.

ALRIGHT, WE'RE GONNA TAKE A COUPLE MINUTE BREAK AND GO UP ON THE DAY, UH, BECAUSE WE'RE NOW GOING INTO PUBLIC HEARING.

OKAY.

EVERYBODY SHUT OFF THE MICS PLEASE.

THANK YOU, BARBARA.

OKAY, EVERYBODY HERE? GREAT.

OKAY, WE'RE BACK AND WE'RE GOING INTO PUBLIC HEARING.

MR. SCHMIDT, PLEASE CALL THE ROLL CHAIRPERSON SCHWARTZ.

HERE.

MR. HAY? HERE.

MR. GOLDEN.

HERE.

MR. SNAGS HERE.

MS. SPARKS PRESENT NOTE FOR THE RECORD THAT MR. SIMON, MR. DESAI AND MS. DAVIS ARE NOT PRESENT THIS EVENING FOR THE PUBLIC HEARING.

OKAY, THANK YOU.

AND AGAIN, FOR THE RECORD, I WANNA SAY THAT THREE PHYSICALLY PRESENT, UH, BOARD MEMBERS HERE ON THE DAIS ARE ALSO MEMBERS OF VIABLE LIVING INCORPORATED AS A RESULT OF THE RESOLUTION TB ONE THAT WAS PASSED LAST WEEK BY THE TOWN BOARD.

THE STATUS OF THOSE THREE PEOPLE IS, UH, QUESTIONABLE.

THAT'S IT.

LET'S GO ON.

AND THE FIRST, OUR FIRST, UH, CASE, ACTUALLY OUR ONLY CASE TONIGHT IS PV 2 0 9.

IT'S A CONTINUATION OF A HEARING FROM THE LAST TIME.

UH, AND IF YOU COULD PRONOUNCE YOURSELF AND TELL US WHAT, WHAT PRO PRO PROGRESS WE'VE MADE, I'LL GET IT OUT SOON RELATED THERE, UH, PROGRESS WE'VE MADE, I WOULD APPRECIATE IT.

AND THEN WE'LL HEAR FROM THE, UH, QUESTIONS HERE, THEN FROM THE PUBLIC.

I THINK THERE MAY BE SOME QUESTIONS FROM THE PUBLIC AS WELL TONIGHT.

GO AHEAD.

GOOD EVENING, MR. CHAIRMAN, MEMBERS OF THE BOARD AND TOWN STAFF.

MY NAME IS MATTHEW DUDLEY, ATTORNEY FROM HARRIS BEACH, PLLC, COUNSEL FOR THE APPLICANT 5 29 CENTRAL PARK AVENUE, LLC.

WITH RESPECT TO THIS CONTINUED PUBLIC HEARING FOR AN AMENDED SPECIAL PERMIT AND SITE PLAN APPROVAL FOR THE PROPERTY LOCATED AT 5 29 CENTRAL PARK AVENUE.

THAT IS THE LOCATION OF LIGHTBRIDGE ACADEMY DAYCARE CENTER.

UM, TO REMIND THE BOARD, THE APPLICATION SEEKS AMENDMENT OF THOSE APPROVALS TO ALLOW FOR A MAXIMUM OF 152 FULL-TIME EQUIVALENT STUDENTS OR CHILDREN AT THAT CHILD DAYCARE CENTER.

CURRENTLY, THE APPLICANT IS CAPPED, UH, PER THE PRIOR APPROVALS AT 105 FULL-TIME EQUIVALENT CHILDREN AT THAT CENTER.

UH, IN ADDITION, WE ALSO SEEK, UH, AN AMENDED APPROVAL TO REMOVE FROM THE PRIOR APPROVALS OF 2020, THE CONDITION THAT THE FIRST, I BELIEVE IT'S THREE, UH, PARKING SPACES IN FRONT OF THE BUILDING, BE DESIGNATED FOR EMPLOYEE PARKING ONLY NOTED LAST TIME WE APPEARED BEFORE THE BOARD AT THE JULY 1ST MEETING, UH, TO PRE TO PRESENT OUR APPLICATION.

UM, WE ALSO HEARD COMMENT FROM THE BOARD AND FROM THE BOARD AND THE PUBLIC.

UH, TWO OF THOSE COMMENTS WERE FIRST THAT, UH, THERE SHOULD BE CONSIDERATION OF A POTENTIAL FALL PROTECTION DEVICE FOR VEHICLES RUNNING ALONG THE PORTION OF A RETAINING WALL, UH, THAT RUNS ALONG THE PARKING LOT WHERE THERE CURRENTLY IS NO, UH, FALL PROTECTION DEVICE.

AND SECONDLY, A POTENTIAL, UH, CONSIDERATION OF RECONFIGURATION OF A CROSSWALK THAT RUNS, THAT'S STRIPED ON THE ASPHALT PARKING, UM, LOT AND DRIVEWAY.

AND IT RUNS FROM THE END OF THE SIDEWALK THAT RUNS PARALLEL TO THE DRIVEWAY UP TO THE FRONT AREA OF BUILDING.

UM, SINCE THEN, UH, OUR ENGINEERS HAVE, HAVE WORKED, UM, TO SUBMIT REVISED DRAWINGS AND PLANS TO THE BOARD ADDRESSING THOSE TWO COMMENTS.

UH, WITH ME TONIGHT IS ZOOM IS JESSE COLEY OF COLLIER'S ENGINEERING.

HE'S THE PROJECT ENGINEER FOR THIS APPLICATION.

IN ADDITION, MICHELLE BREIHOF FROM COLLIER IS THE, UH, PROJECT'S TRAFFIC ENGINEER, AND SHE'S AVAILABLE TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE REGARDED THAT REGARDING THE UPDATED TRAFFIC STUDY THAT WAS PROVIDED.

UH, AS PART OF THIS APPLICATION, UH, I'LL LET JESSIE, UH, COLEY EXPLAIN IN MORE DETAIL THE REVISIONS THAT WERE MADE TO THE PLAN SINCE OUR LAST MEETING.

[00:25:01]

UH, JUST, JUST BRIEFLY, UH, WE NOW PROPOSE INSTALLING BOLLARDS, UH, ALONG THE RETAINING WALL WHERE THERE CURRENTLY IS NO FALL PROTECTION DEVICE.

UM, AND ALSO WE HAVE RECONFIGURED THE, UH, STRIPING OF THE CROSSWALK SO THAT IT DOES NOT END ABRUPTLY IN, IN THE BACK OF A PARKING SPACE, BUT RATHER GUIDES ANY PEDESTRIANS TOWARDS THE UNLOADING, UM, AREA FOR THE HANDICAP PARKING SPACES IN FRONT OF THE BUILDING.

UM, JUST ADDITIONALLY, A COUPLE OF DAYS AGO, THE BUILDING DEPARTMENT ISSUED, IT WAS ON JULY 15TH, UH, ISSUED A MEMO, AN UPDATED MEMORANDUM BASED ON ITS REVIEW OF THE RELIED REVISED PLANS HERE, UH, FINDING THAT NO FURTHER AREA VARIANCES ARE REQUIRED FOR THIS REVISED APPLICATION.

UM, CURRENTLY WE'RE SCHEDULED TO BE ON THE ZONING BOARDS, UM, UH, AGENDA FOR TOMORROW NIGHT'S MEETING.

THE APPLICATION FOR THE AMENDED AREA VARIANCE BASED FOR THE OFF STREET PARKING SPACES.

UH, IT, IT'S CLOSED FOR DECISION FOR, FOR TOMORROW NIGHT.

UH, ADDITIONALLY, THE BUILDING DEPARTMENT, IT'S MEMO NOTED THAT THE FIRST THREE SPACES, UM, ON IN THE PARKING LOT ON THE PROJECT SHOULD BE, UH, THERE SHOULD BE SIGNAGE FOR COMPACT CARS ONLY.

WE'VE DISCUSSED THAT WITH OUR CLIENT AND, AND HE'S AMENABLE AND, AND FINE WITH, WITH DOING THAT.

UH, LASTLY, UH, HER COMMUNICATION WITH, WITH MR. SCHMITT'S OFFICE, UH, WE HAVE LEARNED THAT THE BUILDING DEPARTMENT NO LONGER IS REQUIRING AS-BUILT SURVEY OF THE PROPERTY AT THIS TIME.

HOWEVER, SHOULD THIS BOARD GRANT THE APPROVALS THAT WE SEEK, UM, AND, AND WE DO INSTALL THE BOLLARDS AND CROSSWALK, UH, FOLLOWING THAT CONSTRUCTION, THE BUILDING DEPARTMENT WILL REQUIRE AN AS-BUILT SURVEY, UM, AT THAT TIME.

BUT I, IT'S MY UNDERSTANDING THE PLANS THAT WE HAVE BEFORE US NOW INCLUDE THE BALLARDS ARE ALSO ARE ASBUILT.

YES.

YES.

THE JESSE, CAN YOU, CAN YOU SPECIFY SIDE PLAN? JESSE, CAN YOU SPECIFY THAT? SURE.

I'M GONNA SHARE MY SCREEN.

CAN EVERYONE HEAR ME OKAY? YES.

JUST YOUR NAME AND, UH, ASSOCIATION WITH THE PROJECT FOR THE RECORD.

SURE.

SO, JESSE LEY WITH ENGINEERING AND DESIGN, THE ENGINEER OF RECORD FOR ATION.

EVERYONE CAN SEE I'M SHARING, SIR, YOU BLOW IT UP A LITTLE BIT, JESSE, IF YOU APPRECIATE IT.

SURE THING.

CAN YOU SEE MY SCREEN NOW? THE SITE PLAN FOR YOU? YEAH.

YES.

JUST BLOW IT UP A LITTLE BIT.

WILL DO.

I'M GONNA ZOOM IN INTO THE TWO AREAS OF BEING QUESTIONED.

OKAY.

SO THE PLAN HAS BEEN UPDATED WITH THE, UM, LOCATION OF THE RETAINING WALL, UH, THAT WAS CONSTRUCTED AS WELL AS THE GUIDE RAIL THAT WAS CONSTRUCTED.

SIMILARLY, YOU MAY RECALL, AS PART OF THE CREW SITE LAND, WE INSTALLED BALLARDS AT THE NORTH END OF THE PARKING LOT TO PROVIDE PROTECTION FROM THE PLAYGROUND, UH, THAT WAS CONSTRUCTED.

SO WHAT WE ARE PROPOSING AT THIS POINT IS TO INSTALL 15 MALLARDS, UM, IN FRONT OF THE WALL, UM, AT SPACING ABOUT FIVE FEET ON CENTER.

UM, THEY WOULD BE FOUR FEET HIGH, JUST LIKE THE ONES THAT WERE INSTALLED, UH, AND APPROVED, UM, AGAIN ON THE NORTH END OF THE PARKING LOT UP HERE.

UM, AND THEY WOULD BE SET AT A DISTANCE TO PROVIDE THE 14, UH, FOOT MINIMUM, UH, SEPARATION OR A DRIVE BY, IF YOU KNOW, 24 FOOT MINIMUM.

YEAH, 24 FOOT, EXCUSE ME.

UM, AND SO THOSE BOLLARDS, THE 15 EXTEND AROUND THE CORNER AND COME DOWN, YOU KNOW, A PORTION OF THE DRIVEWAY, UM, AS WELL THE DRIVEWAY'S MUCH WIDER, UM, ITSELF.

UH, THE OTHER CHANGE, UH, AS, UH, MR. DUDLEY INDICATED AT THE REQUEST OF THE BOARD AND THE PUBLIC WAS TO MODIFY THE PAINTED CROSSWALK.

WE LOOK AT A COUPLE OPTIONS HERE, UM, BUT WE ARE, WE GET INTO A SIMILAR CONSTRAINT WITH THE DRIVE AISLE IN THIS LOCATION RIGHT NOW.

YOU CAN SEE THE DIMENSION.

I'LL ZOOM IN A LITTLE MORE, UH, FROM THE EDGE OF THE SPACES AND, AND THE WALL, UH, THAT WAS CONSTRUCTED.

IT IS ABOUT 26 AND A HALF FEET TO THE EXISTING ROCK WALL THAT'S OUT THERE.

IF YOU'RE FAMILIAR.

IT'S LIKE A HERD.

AND THEN IT'S A VERY, UM, STEEP, UH, LIKE ROCK WALL THAT'S LIKE, YOU KNOW, UM, ALMOST LIKE A NATURAL RETAINING WALL.

UM, IF WE WERE TO CONTINUE THE SIDEWALK ALL THE WAY UP AND GO 90 DEGREES ACROSS, WE WOULD THEN ELIMINATE, OR WE WOULD LESS THAN THE 24 FOOT, UM, MINIMUM REQUIREMENT FOR TWO-WAY CIRCULATION.

[00:30:01]

SO WHAT WE DID WAS WE KIND ANGLED THE CROSSWALK, UH, A LITTLE BIT MORE AND EXTENDED IT SO THAT THE PEDESTRIANS LEADING THE SIDEWALK WOULD BE ABLE TO TAKE THE CROSSWALK AND ENTER THROUGH THE, UM, KIND OF LOADING AISLE FOR THE STRENGTH AISLE, UM, NEXT TO THE, UH, A DA SPACE.

SO THOSE ARE THE TWO CHANGES.

I THINK THE, UH, BUILDING INSPECTORS REVISED MEMO, UM, INDICATES THAT, YOU KNOW, THE BOTHERS THEMSELVES WOULD OBVIOUSLY NEED A BUILDING PERMIT AND THEN AN ASBUILT WOULD BE SUBMITTED, UH, UPON COMPLETION, UM, OF THAT WORK AS WELL.

OKAY.

COUPLE OF THINGS.

DO YOU, I JUST HAVE A FEW MORE COMMENTS.

ABSOLUTELY.

GO RIGHT HERE, UNLESS YOU HAVE A QUESTION FOR NO, NO, NO.

OKAY.

UM, I JUST WANTED TO ALSO MENTION THAT, UH, TODAY WE RECEIVED, UH, TWO COMMENT LETTERS, UH, ONE FROM THE NEIGHBOR, NEIGHBOR, UH, MR. DADO AND ONE FROM HIS, UH, ENGINEER MR. SINOR.

UM, I'LL LET MR. COLEY RESPOND IN MORE DETAIL TO THE COMMENTS WITHIN THOSE LETTERS.

UM, HOWEVER, UH, I JUST NOTE THAT THE, IT SEEMED AS THOUGH THE BULK OF THE COMMENTS WERE RELATED TO THE RETAINING WALL THAT WAS APPROVED.

UH, WAS OUR, OUR CLIENT APPLIED FOR IT IN, UH, 2022.

IT WAS, UM, A BUILDING PERMIT WAS ISSUED FOR THAT RETAINING WALL.

IT WAS BUILT.

AND, AND AS I STATED AT LAST, UM, AT THE LAST PLANNING BOARD MEETING, A CEO WAS ISSUED FOR THAT RETAINING WALL.

AND I JUST WANTED TO PROVIDE JUST A PROCEDURAL CONTEXT OF, OF WHY THAT RETAINING WALL WAS CONSTRUCTED IN THE FIRST PLACE.

UM, IN, IN 2022, UH, 2020, I'M SORRY, UH, MR. DMO, UH, FILED A LAWSUIT AGAINST BOTH OUR, OUR CLIENT AND THE TOWN, UH, RELATED TO VARIOUS ISSUES, PROPERTY ISSUES BETWEEN THESE TWO PROPERTIES.

UM, AT THE LAST MEETING I MENTIONED THAT ONE OF THOSE ISSUES WAS THE, UH, APPARENT TRESPASS ONTO HIS PROPERTY OF THE LOCATION OF THE CHAIN LINK FENCE AND THE GUIDE RAIL THAT IS CURRENTLY ON HIS SIDE OF, OF THE RETAINING WALL.

ANOTHER ONE OF THE ISSUES WAS A CLAIM THAT, UM, THERE WAS EROSION OR A SLUMP OF EARTH AND EMBANKMENT FROM OUR CLIENT'S PROPERTY ONTO MR. DIDO'S PROPERTY.

AND SO, UH, WITHOUT CONCEDING ANY TRUTH OF THAT ALLEGATION, OUR, OUR CLIENT APPLIED TO THE TOWN IN 2022, UH, IN AN EFFORT TO MITIGATE AGAINST ANY POTENTIAL FUTURE EROSION OF, OF THE EMBANKMENT.

SINCE OUR PROPERTY IS AT A HIGHER ELEVATION, UH, THAN MR. DIDO'S, IT WAS AN EFFORT TO, UM, HELP THE SITUATION IF, IF IT DID IN THE, IN THE FUTURE, PROVE THAT THAT THERE WAS EROSION FROM HIS PROPERTY.

UM, RESPECTFULLY, UH, WE DON'T BELIEVE THAT THE ISSUE OF THE RETAINING WALL IS CURRENTLY, UH, BEFORE YOUR BOARD AS PART OF THIS AMENDED SITE PLAN APPROVAL, IT WAS, UH, FULLY APPROVED BY THE BUILDING DEPARTMENT IN 2022.

AND AGAIN, UH, THERE'S A CEO, UH, ISSUED FOR THAT RETAINING WALL.

OKAY.

AARON, YOU WANTED TO SAY FIRST? YEAH, I, I WOULD LIKE MR. COLEY TO ADDRESS THE COMMENT IN ONE OF THE TWO MEMOS RELATED TO THE DRAIN THAT HAD BEEN PREVIOUSLY SHOWN ON THE SITE PLAN ADJACENT TO WHERE BOTH THE THREE, UH, CURRENTLY EMPLOYEE PARKING SPACES YET THAT I SEE THE CURSOR AND, UM, WHERE THE BOLLARDS ARE SHOWN TO BE INSTALLED.

NOW THAT WAS A COMMENT THAT WAS RAISED AND I WOULD LIKE TO HAVE ADDRESSED.

SURE.

THANK YOU MR. COLEY.

ABSOLUTELY.

SO TO ADD A LITTLE BIT MORE TO MR. D LEE'S, UM, UH, STATEMENT THERE ABOUT WHEN THE RETAINING WALL, UM, WAS EXTENDED, UM, IN 2022, UM, WE HAD FILED A, UH, AMENDED PLAN TO THE TOWN TO BASICALLY ADDRESS THE ISSUE, AS HE SAID, WITH WHERE THE GUIDE RAIL OR CHAIN LINK FENCE WAS WASN'T ON HIS PROPERTY, WHAT WE WERE MODIFYING, WHAT WE WERE NOT.

INSTEAD WE WANTED TO INSTALL A RETAINING WALL SOLELY ON OUR PROPERTY, LEAVE WHATEVER WAS IN QUESTION OR ON THE PROPERTY LINE OVER WHATEVER, NOT TOUCH IT AND JUST PROCEED.

UM, AS PART OF THE ORIGINAL SITE PLAN.

THE REASON WHY WE EVEN NEED A WALL IS IF YOU, IF YOU RECALL THE OLD SITE, IT WAS VERY STEEP.

THIS PARKING LOT WAS VERY STEEP FROM THE EXISTING SIDEWALK, UM, TO THE PROPERTY.

WE WANTED TO RAISE THIS AREA, FLATTEN IT OUT BECAUSE OBVIOUSLY THE GOAL AND THE USE OF THIS

[00:35:01]

IS TO HAVE PARENTS AND CHILDREN.

SO WE WANTED IT FLATTER, SAFER, EASIER TO ACCESS FOR EVERYBODY.

SO WE RAISED THE GRADE HERE AND AS PART OF THE ORIGINAL PLAN, WE WERE GONNA PUT A CATCH BASIN KIND OF AT THE CORNER HERE.

UM, AND THAT WAS PUT THERE ALSO AS A MEANS TO HELP AT THE TIME THE UNDER DRAIN THAT WE HAD KIND OF RUNNING ALONG THIS PART OF THE PROPERTY LINE, UH, ALONG THE FACE OF THE WALL.

AND ALSO TO ACCOUNT FOR THE STORM THAT WAS COMING DOWN, UH, FROM THE BACK OF THE PROPERTY.

SO THAT WAS THERE TO ALSO HELP CATCH THAT UNDERGROUND DRAIN AND HELP IT MAKE A 90 DEGREE TURN OR AN ANGLE TURN TO THE OTHER PROPOSED CATCH BASIN, WHICH IS AT THE LOW POINT BEFORE THIS IS THE LOW POINT, AND ALSO PROPO.

AND ALSO AFTER CONSTRUCTION TO BE MAINTAINED AT LOW POINT, THERE IS A DRAIN LINE THAT RUNS ALONG THE SOUTHERN PROPERTY LINE HERE.

UM, AND WHEN WE FILED THAT AMENDED PLAN, UH, WE SHOWED THE CATCH BASE IN HERE, UH, JUST BECAUSE WE WERE EXTENDING THE WALL, WE EXTENDED THE PIPE, WE KIND OF MOVED IT OUT A LITTLE BIT.

UM, AS CONSTRUCTION OCCURRED, WE MADE A SLIGHT MODIFICATION TO THAT WHICH WAS SUBMITTED ON THE STORMWATER RECORD PLAN TO THE TOWN, UM, TO CLOSE OUT THE STORMWATER PERMIT.

BUT WE ENDED UP JUST SLIGHTLY MOVING THAT CATCH BASIN BACK HERE, UM, ABOUT TO WHERE THIS NINE FOOT TYPICAL DIMENSION IS.

AND WE USED IT TO ALSO COLLECT, UM, SOME OF THE ROOF LEADERS AND ONE OF THE DRAINS FROM THE, UM, PLAYGROUND AND BROUGHT IT STRAIGHT INTO THE EXISTING, UH, DRAIN LINE THAT RUNS ON THE SOUTH SIDE OF THE PROPERTY.

THERE IS STILL AN UNDER DRAIN THAT COMES DOWN PARALLEL TO THE WALL, MAKES THE TURN AND CONNECTS INTO THAT DRAIN AS WELL.

SO WE'RE STILL PROVIDING THE DRAINAGE THAT WOULD BE REQUIRED BEHIND THE WALL.

THAT STILL HELPS US COLLECT AND PICK UP THE DRAINAGE, UH, THAT'S COMING FROM THE NORTH PART OF THE SITE.

AND THEN WE HAVE A SECOND ONE WITH THE INLET TO HELP CAPTURE SOME OF THE PARKING LOT FLOW.

AND I MENTIONED THE ROOF LEADERS AND, AND THE PLAYGROUND AS WELL.

SO WE STILL ARE MAINTAINING THE INTENT OF THE ORIGINAL APPROVAL.

IT WAS JUST A SLIGHT SHIFT OF THE CATCH BASIN, YOU KNOW, BECAUSE NOW WE WERE SQUARING OFF THE WALL MAKING SOME CHANGES.

IT WAS GOING TO BE TOO TIGHT TO PUT THAT CATCH BASIN, UM, BACK IN THAT SPOT BASED ON THE GRADING THAT WAS THERE BEFORE.

AND IS THERE NOW, UH, DUREX THE WATER THAT IS NOT CAPTURED BY THE LIFT, BUT UM, WHICH IS A RELATIVELY SMALL AREA, MAKES A TURN, COMES DOWN THE AND GOES INTO THIS CATCH BASIN AS IT DID BEFORE ION OKAY.

YOU MENTIONED THE CATCH BASIN OVER WHERE THE NINE FOOT TYPICAL LABEL IS, BUT I DON'T SEE ONE.

CORRECT.

SO THIS IS JUST A, UH, WE JUST MODIFIED THIS PLAN AND, AND THAT CATCH BASIN WILL BE SHOWN ON THE AS BUILT THAT IS SUBMITTED.

BUT EARLIER IT WAS SAID THE ASBUILT THAT WE'RE LOOKING AT THE ASBUILT AND IT WAS JUST GONNA BE CONFIRMED LATER.

SO, SO IN FACT, THIS DOESN'T HAVE EVERYTHING THAT'S THERE NOW.

NO, THIS IS NOT IN AS BILL, THIS IS A SITE PLAN.

WELL, NO, BUT EVEN THE SITE PLAN, WE HAVE TO, WE APPROVE A SITE PLAN.

THAT IS WHAT THE BUILDING DEPARTMENT COMPARES TO THE FINAL SURVEY.

OKAY.

SO WHAT WHATEVER WE APPROVE, IF WE APPROVE IT WITHOUT THAT DRAINAGE ON THERE, TECHNICALLY YOU WOULDN'T, YOU HAVE AN APPROVAL WITHOUT THAT DRAINAGE FROM THE PLANNING BOARD.

THAT'S NOT GONNA HAPPEN.

SO THE SITE PLAN NEEDS TO SHOW EXISTING CONDITIONS PLUS ANY PROPOSED CONDITIONS AND THE PLANNING BOARD SHOULDN'T REALLY PROCEED UNTIL WE HAVE THAT.

THAT'S RIGHT.

THANK YOU.

YEP.

THANK YOU.

SO I MEAN, WE, YOU HAVE TIME TO DO IT BECAUSE YOU'RE ONLY SEEING THE, THE ZONING BOARD TOMORROW NIGHT.

TOMORROW NIGHT ANYWAY.

AND THEY'RE PROBABLY NOT GONNA MAKE A DECISION ON THE SAME NIGHT.

SO YOU STILL HAVE TIME TO DO THAT JUST TO, THEY'RE SCHEDULED TO ISSUE THE DECISION'S AN DECISION.

OKAY.

BUT WE NEED TO WAIT UNTIL THEY OKAY.

BUT WE CAN'T, WE CAN'T, UH, GIVE A DECISION UNTIL AFTER THE ZONING BOARD GRAB THE VARIANCES ANYWAY.

SO YOU HAVE TILL OUR MEETING ON OCTO ON AUGUST 7TH AT A MINIMUM, UH, TO, UH, BRING THAT UP TO LOOK AS BUILT.

THAT'S WHAT WE'RE LOOKING FOR.

THAT'S WHAT WE'VE BEEN ASKING FOR.

MM-HMM, , OKAY.

I MEAN, IT SHOULDN'T BE THAT DIFFICULT TO DO.

IT'S NOT THAT COMPLICATED.

I TOTALLY AGREE.

THE SURVEYOR IS I THINK SCHEDULED TO BE OUT THERE NEXT WEEK TO PERFORM THE, THE ASBUILT SO WE CAN NO, NO, I'M NOT, NOT JUST MAKE IT CLEAR.

'CAUSE I KNOW WHAT THE BUILDING INSPECTOR

[00:40:01]

SAID.

HE'S NOT NECESSARILY LOOKING FOR THE SURVEY.

WE'RE LOOKING FOR THE SITE PLAN.

WE, WE DON'T LOOK AT THE SURVEY.

WE'RE LOOKING FOR A SITE PLAN THAT HAS THE EXISTING RIGHT, RIGHT.

ALL ALL THE EXISTING CONDITIONS AND ANY PROPOSED CONDITIONS.

SO, SO THE EXISTING CONDITIONS WOULD BE PICKED UP BY THE SURVEY.

SO THAT'S WHAT, THAT'S WHAT WE, SO THAT'S YOUR CHOICE.

STILL PUT IT ON THE SITE PLAN.

THAT'S ALL WE'RE ASKING YOU TO DO.

THE SAFE THING HAS TO MATCH THE SURVEY.

OKAY, SURE.

BEFORE WE CAN MAKE A DECISION.

THAT'S WHAT OUR COUNSEL'S TELLING YOU.

OKAY.

UNDERSTOOD.

UNDERSTOOD.

OKAY.

THANK YOU.

I DO HAVE ANOTHER QUESTION THOUGH.

IT WAS ONE THAT I THINK WAS BROUGHT UP BY MR. SENIOR.

UM, IT LOOKED, HE, I KNOW THERE, I BELIEVE THERE WAS A CONCERN AND, AND MR. SENIOR CAN COME UP IF I GET, IF I SCREW IT UP, WHICH I MIGHT, I, I ADMIT I MIGHT, UM, THAT YOU'RE BUILDING THOSE BALLARDS ON TOP OF THE DRAIN PIPE AND, AND IS THERE ENOUGH ROOM TO DO THAT? I THINK THAT WAS THE QUESTION.

I BELIEVE PRETTY MUCH THAT THAT'S CORRECT.

OKAY.

YOU HAVE TO COME UP TO THE MIC THEN TO, TO, I JUST WANNA, WHY DON'T YOU COME UP 'CAUSE I THINK THAT'S A, AN ISSUE THAT NEEDS TO BE CLARIFIED.

ELLIOT.

THANK YOU.

UM, YEAH.

HI ELLIOT.

SEEN OUR ENGINEER, UM, HERE FOR, UH, FOR THE NEIGHBOR, UM, WHO NO BOARD FIRST.

YES, THERE DURING CONSTRUCTION, THEY UNCOVERED SEVERAL PIPES IN THAT AREA.

UM, AND THE PICTURES THAT I SUBMITTED, ONE OF THEM IS ALMOST DIRECTLY BEHIND THE RETAINING WALL OF THE PER AS IT WAS BEING CONSTRUCTED.

SO IF THEY'RE PUTTING THESE BOLLARDS IN THAT AREA, ARE THEY GONNA BE DISCHARGED, YOU KNOW, PROBLEMATIC TO THAT PIPE? UM, THE PIPE GOES ALONG THE ENTRANCE AREA AND THEN PERPENDICULAR OR IN THAT PERPENDICULAR DIRECTION.

AND SO, UM, I JUST WANTED SAY WE'RE ONLY HERE FOR SAFETY ISSUES, YOU KNOW, WE'RE NOT NECESSARILY OPPOSED TO THE PROJECT, BUT WE ARE AN ADJACENT PROPERTY.

I JUST ASK, THE ONLY QUESTION I WANNA ANSWER RIGHT NOW, ELLIOT, IS THAT OKAY BECAUSE YEP.

THE JOB BOARD OF THE TIME THERE, TIME TO ASK SOME QUESTIONS AND THEN YOU CAN COME UP AND SPEAK.

OKAY, AMANDA? SO I A POINT AND A QUESTION.

THE QUESTION BEING, HAS ENGINEERING REVIEWED THE CHANGES TO THE STORM WATER, UH, ON THE PLANS, INCLUDING REMOVAL OF SOME OF THOSE DRAINS AND THE BALLARD AND THE BALLARD? AND IF NOT, I SUGGEST THAT, UH, YOU REACH OUT TO ENGINEERING AND, AND GET AN ANSWER ON THAT BEFORE THE NEXT MEETING.

RIGHT? SO WE JUST WANT TO BE SURE THAT THE STONEWATER MANAGEMENT CONTROL PERMIT PREVIOUSLY ISSUED IS BASED OFF EXISTING CONDITIONS AT THE SITE NOW THAT ARE GONNA BE PICKED UP ON THIS PLAN AND THAT THERE'S FINAL SIGN OFF AND, UM, REVIEW COMPLETE BY THE BUREAU OF ENGINEERING.

WELL, THERE'S A LITTLE BIT MORE REMIT SAID SOMETHING.

WAS THAT EXTRA THAN THAT? I DON'T WANT, I DON'T WANNA LOSE WHAT YOU SAY 'CAUSE I THINK IT'S EXTREMELY IMPORTANT.

WE WANNA MAKE SURE FROM ENGINEERING THAT IT'S ACCURATE THAT THE PLACEMENT OF THE BOLLARDS AS SHOWN ON THE SITE PLAN DO NOT DISTURB THE DRAINAGE SYSTEM.

OKAY.

THAT'S, THAT'S A VERY IMPORTANT QUESTION TO ASK.

AND IT NEEDS TO BE CONFIRMED BY OUR ENGINEERING DEPARTMENT.

OKAY.

THAT'S RIGHT.

OKAY.

WE THERE THAT UNDERSTOOD.

IS THAT CLEAR UNDER UNDERSTOOD? YES.

OKAY.

IS THERE ANY OTHER QUESTIONS FROM THE BOARD AT THIS POINT? OKAY, ANY OTHER COMMENTS FROM THE PUBLIC? UH, MARI, WHY DON'T YOU GO FIRST AND THEN I'LL, I'LL LET MR. SENIOR GO.

I'M GLAD YOU YEAH, I'M STILL MURRAY POTENT FOR HOW MUCH LONGER? I DON'T KNOW.

GREENBERG IS PARTICULARLY INTERESTED IN THE SAFETY OF PEDESTRIANS.

I BROUGHT UP THE CROSSWALK ISSUE WHEN THEY HAVE BEGUN TO ADDRESS IT.

THE PARALLEL BARS ARE CORRECT, EXCEPT THEIR ORIENTATION IS NOT CORRECT.

WHEN A DRIVER LOOKS OUT, HE NEEDS TO SEE THE SAME PARALLEL BARS PARALLEL TO THE DIRECTION OF THE TRAFFIC.

NOT THAT THOSE ARE BARS, BUT THEY'RE IN THE WRONG DIRECTION.

ALRIGHT.

WHAT DO YOU DO THOUGH WHEN YOU'RE, IT'S ON A CORNER LIKE THAT.

YOU PUT 'EM, YOU PUT 'EM PARALLEL TO THE CENTER LINE? NO, NO, NO.

I'M SAYING IF YOU DO 'EM ON A CORNER, I'M JUST GONNA, I ASK YOU THE QUESTION.

OKAY, GO AHEAD.

JUST, JUST FOR, JUST FOR CLARIFICATION, IT'S ON A CORNER.

SO RIGHT NOW, WHICH IS GREAT FROM WHAT YOU SEE, LET ME FINISH IT.

LET ME ASK THE QUESTION THEN I'LL LET YOU LET YOU ANSWER IT.

I PROMISE YOU, I PROMISE YOU IS RIGHT NOW YOU GET YOUR PARALLEL BARS EITHER DIRECTION BECAUSE OF THE ANGLE THEY PUT IT ON, THEY PUT IT ON ABOUT A 40, GIVE OR TAKE A 45 DEGREE ANGLE.

MAYBE A LITTLE BIT LESS QUESTION I HAVE

[00:45:01]

THOUGH.

WHAT HAPPENS IF YOU STRAIGHTEN IT OUT ONE WAY, THEY'RE NOT GONNA BE PARALLEL ANYMORE.

PARALLEL.

YOU, YOU, YOU DON'T I FRONT GEOMETRY.

SO TELL ME WHERE I'M WRONG.

THE ANGLE, THE ANGLE OF THE CROSSWALK MAKES NO DIFFERENCE.

IT CAN BE ANYWHERE.

THE ANGLE, THE WHERE IT IS, IS IN THE CORRECT POSITION MORE OR LESS, BUT THE BARS ARE NOT, THE BARS NEED TO BE PARALLEL TO THE CENTER LINE.

SO YOU, ARE YOU SAYING THE BARS SHOULD BE LIKE THIS? LIKE THAT? RIGHT, EXACTLY.

SO THE BARS GO LIKE THIS, RIGHT? AND YOU'RE NOT GETTING, SO WHEN THEY LOOK, WHEN THE DRIVER LOOKS AT IT, HE SEES A SERIES OF PARALLEL BARS EVERYWHERE THE DRIVER GOES, OKAY, TRAFFIC ENGINEERS HAVE BEEN DOING IT WRONG FOR 50 YEARS.

HOW DO YOU TELL A TRAFFIC ENGINEER HE IS BEEN MAKING THE SAME MISTAKE FOR 50 YEARS? THEY DON'T WANT TO HEAR IT.

MY POSITION TODAY IS IF THEY CAN'T UNDERSTAND THE WORLD WE LIVE IN TODAY, IF YOU LOOK AT TELEVISION, THE REST OF THE WORLD, THEY'RE ALL BARS.

THIS WAY THEY COULDN'T BE AT AN ANGLE.

BUT THE BARS ARE ALWAYS PARALLEL TO THE CENTER LINE.

AND MY DIRECTION REQUEST IS IF THESE ENGINEERS CAN'T FIGURE THAT OUT, FIRE THEM AND GET NEW ONES.

NOT MY ENGINEERS MURRAY.

WHAT? THEY'RE NOT MY ENGINEERS.

I DON'T HIRE THE BOOK.

THE BOOK WAS WRITTEN 50 YEARS AGO FOR A DIFFERENT WORLD TODAY.

THE DRIVER NEEDS TO SEE THE PET, THE CROSSWALK, THE PEDESTRIAN IS STANDING STILL.

THAT HAS TO BE RECOGNIZED AND I'M PREPARED TO CHALLENGE ANY ENGINEER IN PERSON TO SHOW THAT THAT CROSSWALK WHERE IT SHOULD BE.

OKAY.

JAN LIEBER SAID THE BEST WAY TO DO BUSINESS IS FACE TO FACE-TO-FACE.

ZOOM DOESN'T DO THE TRICK.

AND GREENBERG HAS REFUSED TO MEET WITH ME IN PERSON.

AND I CHALLENGE THAT IF YOU WANT SAFETY, YOU MEET BACK TO THE OFFICE RIGHT ACROSS, JUST LIKE WE'RE DOING HERE WITH THE REASON I COME TO THESE MEETINGS, BECAUSE THERE'S AN INTERACTION BETWEEN US.

I CAN SEE THE EXPRESSION ON YOUR FACES.

YOU CAN SEE WHAT I'M DOING.

IT HAS TO CHANGE.

THE SECOND THING IS THE CROSSWALK AND THE SPACE WHERE THE HANDICAP HIS NEEDS TO BE INTEGRATED AND CALLED A PEDESTRIAN WAY, A SHARED AREA.

AND THAT HASN'T BEEN DONE.

WHEN YOU COME OUT OF THE HANDICAP SPACE AND I'M IN A WHEELCHAIR AND I GOT MY ELECTRIC WHEELCHAIR, I'M LOST.

THERE'S NO WAY FOR ME TO GET SAFELY TO A BUILDING AND THAT NEW KIND OF THINKING BECAUSE MORE AND MORE PEOPLE ARE USING WALKERS, WHEELCHAIRS AND NEED THAT SAFETY.

YOU ARE BEGINNING TO LOOK AT THE CHANGE IN THINKING OF ALL ROADS IN THE UNITED STATES.

IT'S TIME THEY'VE BEEN BREAKING THE LAW AND THERE HAS BEEN NO ENFORCEMENT OF IT.

THIS IS ABOUT THE PEOPLE WHO ENFORCE THE LAW AS CURRENTLY WRITTEN.

AND, UH, THEY DON'T DO IT.

FIRE 'EM TO HIRE SOMEBODY NEW WHO'S PREPARED TO OBEY THE LAW AS CURRENTLY WRITTEN.

I STOPPED TALKING ABOUT WHAT I THOUGHT SHOULD BE THERE IN THE BOOK.

WHAT'S IN THE BOOK NOW IS ADEQUATE.

ALL YOU HAVE TO DO IS ENFORCE IT AND IF THE CHAIR AND THE COMMISSIONERS OR WHATEVER DEPARTMENT CAN'T ENFORCE THE LAW, FIRE THEM AND GET NEW ONES.

NO, I'M SORRY FOR YOU ABOVE.

I'M SORRY YOU, IT'S MY TIME.

OKAY.

AND YOU WANT TO SPEAK AFTER? I DO FINE, BUT I WILL NOT BE INTERRUPTED.

WALT.

I'M SPEAKING.

I, I APOLOGIZE.

MR. MR. BOGAN FINISH.

THIS IS, THIS IS NEW.

PEOPLE HAVE BEEN IN CUTTING ME OFF AND EVERYTHING ELSE AT THE BOARD MEETING ON MONDAY.

THE FIRST SPEAKER HAD THEIR THREE MINUTES AND THEN CONTINUED FOR ANOTHER THREE MINUTES.

WHEN IT GOT TO ME, THEY TRIED TO STOP ME.

I TURNED AROUND TO CHAIR AND I SAID, YOU SET THE RULES.

THE RULE WAS IF THE SPEAKER WAS SPEAKING AND YOU WANTED TO USE , I'M SORRY, HUG.

DON'T INTERRUPT ME.

MUST BE RELEVANT TO THE CURRENT PUBLIC HEARING THAT IS BEFORE US, PLEASE.

RIGHT.

IT'S A PUBLIC HEARING ONLY WHY HE'S INTERRUPTING ME.

IT'S NOT RELEVANT TO THE CURRENT PUBLIC HEARING THOUGH.

THANK YOU.

SO SAVE IT FOR PUBLIC COMMENT FOR TIME.

I WOULD LIKE THEM TO REVISE THE CROSSWALK TO USE PARALLEL BARS.

UNDERSTAND THAT PARALLEL TIME.

APPRECIATE THAT.

I APOLOGIZE FOR BEING NASTY, BUT THE ONLY WAY THINGS GET DONE IS WITH NASTINESS BE NOT, I MAY NOT BE HERE MUCH LONGER, BUT I'M GONNA BE AS NASTY AS I CAN BE JUST FOR THE SAFETY OF THE PEOPLE OF GREENBURG.

I'M TIRED OF BEING SHUT UP.

THANK YOU MR. BO.

UH, MR. SENIOR, DID YOU WANNA COME UP

[00:50:01]

AND, UH, GIVE YOUR COMMENTS? I, UM, YEAH, I MEAN THAT'S JUST, UH, A DRAFTING, UH, UH, UH, CHANGE TO, TO MAKE THE THE LINES PARALLEL.

IT MAKES, IT MAKES SENSE TO ME.

UM, SO I'M ONE OF THE ENGINEERS THAT MAY AGREE WITH YOU.

UM, SO BASICALLY, UH, WE'RE ONLY, WE ARE ONLY CONCERNED ABOUT SAFETY.

WE'RE CONCERNED THAT BECAUSE OUR PROPERTY IS THE LOWER PROPERTY, RIGHT? WHICH ON THAT MAP, WHICH IS YOUR PROPERTY, UH, THE PROPERTY WHERE THAT CURSOR IS NOW NEXT TO THE CHAINING WALL, MICHAEL NEXT HERE.

OKAY.

NORTH.

OKAY.

RIGHT.

OKAY.

THE FRONT PROPERTY SOUTH, SOUTH, NOT RIGHT, WHICH IS BELOW IT.

YES.

IN ELEVATION.

AND SO WE'RE CONCERNED, YOU KNOW, ABOUT CARS GOING OVER THAT WALL, CARS, YOU KNOW, THE WALL FAILING, UH, AND, AND CAUSING PROBLEMS. SO OF COURSE I KNOW THAT THE CURRENT CONDITIONS ALSO REQUIRES TO TOPO ELEVATIONS.

SO I JUST WANNA MAKE SURE THAT WHEN THEY SUBMIT THE CURRENT CONDITIONS OR THE SITE PLAN, THAT IT HAS ELEVATIONS ON IT AS WELL.

MAKE SURE THEY'RE AWARE OF THAT.

UM, SO AS WE SAID, UH, WE'RE THE LOWER AREA NOW.

YES.

UH, THERE IS A, A, UM, A SUIT THAT HAS TO DO WITH PLACEMENT OF FILL ON MY CLIENT'S PROPERTY.

SO THE BUILDER TO, TO MINIMIZE THE HEIGHT OF A WALL, PLACED SEVERAL FEET OF FILL ON MY CLIENT'S PROPERTY.

AND THERE IS A SUIT ABOUT REMOVING THAT TRESPASS THAT FILL AS A TRESPASS.

NOW WHEN THAT, WHEN THAT FILL IS REMOVED, THAT WALL GOES THREE OR FOUR FEET TALLER, WHICH THEN HAS, YOU KNOW, ITS OWN PROBLEMS. SO OUR WHOLE, UM, PROBLEM WITH IT IS THE LOCATION OF THE BOLLARDS, THE STRENGTH OF THE BOLLARDS.

A A UNILOCK WALL, A SEGMENTAL RETAINING WALL HAS NO LATERAL UH, RESISTANCE.

IT, IT, YOU COULD PUSH IT OVER.

THE REASON HOW IT WORKS IS THE GEOGRID BEHIND IT HOLDS THE SOIL IN PLACE.

AND THE THE BLOCK IS JUST TO STOP THE SOIL FROM ERODING AWAY.

SO HAVING THE BOLLARD THERE, UM, NOT INSTALLED PROPERLY, IF THEY GO DOWN DEEP ENOUGH, IT'S ALL JUST A RESISTANCE AGAINST NOTHING.

SO THAT IS OUR CONTENTION.

WE'RE WORRIED ABOUT THE SAFETY OF, OF, OF, OF, OF OUR PROPERTY.

UH, BECAUSE IF WE HAVE A PARKING LOT BELOW IT AND SOMEBODY'S STANDING THERE AND A CAR GOES OVER THE TOP, UH, YOU KNOW, IT'S WHOSE LIABILITY IS IT? YOU KNOW, THE ACCIDENT HAPPENS ON OUR PROPERTY.

I HAVE A QUESTION.

I MEAN, THIS, THIS DAYCARE CENTER HAS BEEN IN AN OPERATION FOR A FEW YEARS ALREADY, RIGHT? NO, NO, JUST MONTHS.

NO, A YEAR.

OVER A YEAR, RIGHT? NO, OVER A YEAR.

ALL RIGHT.

NO, THIS WAS APPROVED.

THE ORIGINAL APPROVALS WERE IN 2020, SO I THINK IT'S BEEN RIGHT.

BUT WHEN WAS THE OPERATION IN MORE THAN TWO YEARS.

EVER.

WHEN WAS THE C OF O GRANTED? I'M NOT SURE.

WELL, WE CAN, IT'S BEEN APPROXIMATELY TWO YEARS.

ALRIGHT, SO IT'S MORE THAN A FEW MONTHS.

THAT'S VERY, IT'S DEFINITELY MORE THAN A FEW.

SO ASSUMING IT'S BEEN AN OPERATION FOR TWO, HAVE THERE BEEN ANY INCIDENTS OR ACCIDENTS WHERE NEAR MISSES DURING THE PAST TWO YEARS? YES, WE SHOWED, WE ORIGINALLY SHOWED, UH, THE LAST SUBMISSION.

WE SHOWED A, A PICTURE OF SOME DISLODGED BLOCKS ON THE WALL.

NO, NO.

I MEAN, SAFETY.

FORGET SAFETY EROSION.

SOMEBODY, NO, SOMEBODY WE BELIEVE, WE DON'T HAVE A, WE DON'T HAVE AN EYEWITNESS, BUT A A, SOME OF THE BLOCKS ON THE TOP OF THE WALL, WE DISLODGED.

WE BELIEVE IT'S BECAUSE THE CAR HIT IT.

I, WE WEREN'T THERE TO WITNESS IT.

SO I, I CAN'T SAY.

OKAY.

ALRIGHT.

UM, SO, SO THAT'S BASICALLY WHAT WE ARE, WHAT WE'RE WORRIED ABOUT.

UM, THE AS BUILT, OF COURSE, IS A, IS A BIG THING.

THEY'RE SHOWING THAT RETAINING WALL IS MAYBE 12 INCHES WIDE.

UM, A SEGMENTAL WALL HAS A BATTER TO IT, SO AS YOU GO UP, IT MOVES BACK.

SO EVEN THOUGH THE TOP MAY BE SIX INCHES WIDE FROM THE BOTTOM TO THE BACK OF THE TOP IS MORE THAN A FOOT.

UH, AND SO IF THE BOTTOM IS A FOOT OFF OF THE PROPERTY LINE, THE TOP MAY BE TWO FEET OFF THE PROPERTY LINE.

SO IT'S, UH, WITHOUT HAVING AN ASBUILT, WE DON'T REALLY KNOW WHERE THAT WALL WAS BUILT.

SO, I MEAN, THAT'S, THAT'S OKAY.

OUR APPRECIATE THAT.

MR. SEEING, UM, ANY OTHER QUESTIONS ON BOARD THAN, I HAVE A COUPLE COMMENTS.

ANYBODY ELSE IN THE PUBLIC? MARIO ONLY WANTS RIGHT NOW ARE DO WE HAVE ANOTHER PERSON BACK THERE? PLEASE STATE YOUR NAME WHEN YOU COME, COME UP.

THANK YOU.

HI, MY NAME IS DANNY PMO.

I'M THE MANAGING MEMBER OF GRAY ROCK ASSOCIATES WHO OWNS THE PROPERTY AT 5 31 CENTRAL PARK AREA.

UM, I JUST WANNA BRING UP SEVERAL THINGS AND A COUPLE IT,

[00:55:01]

IF IT'S THE SAME.

I, I READ, WE, WE, WE GOT YOUR LETTER LATE THIS AFTERNOON, BUT I DID HAVE A CHANCE TO READ IT.

A LOT OF THE STUFF IS PARALLEL TO WHAT MR. SENIOR HAS, AND IF THAT'S ALL, IF THAT'S WHAT YOU'RE GONNA TESTIFY IN THE INTEREST OF MOVING AHEAD, JUST AGREE.

I I JUST WANT TO, IF YOU CAN BLOW THAT UP.

WAIT, WHAT, WHAT PART WOULD YOU LIKE? WE CAN USE YOUR WHAT UP? THE ONE RIGHT THERE.

OKAY.

ALL THE WAY UP.

YOU SEE THE TWO BALLOTS CLOSEST TO THE CURB AT THE TURN.

AT THE TURN.

OKAY.

SO IT, WHAT APPEARS THAT THE GUIDE RAIL IS TWO FEET OFF THE WALL.

THE BOTTLE IS AT TWO FEET OFF THE WALL.

THEN WHEN IT GETS CLOSER TO THE TURN, IT'S ALMOST ZERO.

WHAT WAS THE REASONING FOR THAT? WE'LL ASK THE APPLICANT TO ADDRESS THAT.

IF THEY DEEMED THAT IT NEEDS TO BE TWO FEET AWAY FOR IT TO HAVE SOME STRENGTH, HOW DO YOU GO TO ZERO? SO I, I LIKE TO PEOPLE POINT OUT TO THAT.

OKAY.

AND I PICKED IT UP AND I SAID, I DON'T UNDERSTAND IF IT'S NEEDS TO BE TWO FIT FEET.

WHY DO YOU GO TO ZERO? WE'LL, ASK THEM TO, WE'LL ASK AND I THINK IT'S BECAUSE YOU WANT TO SAVE THREE PARKING SPOTS.

OKAY, WE'LL, WE'LL ASK, WE'LL ASK THE QUESTION.

UM, OR THEY'LL ANSWER THE QUESTION THEY HEARD OF THE QUESTION.

I'M SURE.

I JUST WANNA GIVE YOU A BRIEF WHAT'S GOING ON AT THE LAST MEETING, CHAIRMAN, YOU INDICATED THE 5 2 9 REPRESENTATIVE THAT WE SHOULD CLEAN THIS UP AND YOU'RE CORRECT, THIS SHOULD GET CLEANED UP.

THIS IS ALL ABOUT SAFETY.

THAT CHAIN LINK FENCE HAS BEEN DAMAGED SEVERELY, AND IT'S HANGING AND IT'S GONNA BE REMOVED.

THE GUARD, OLD GUARDRAIL IS GONNA BE REMOVED.

ALL THAT DIRT IS GONNA BE REMOVED.

SO WHAT YOU'RE LOOKING AT IS A, A GIGANTIC DROP OFF.

SO I THINK WE NEED TO KEEP THAT IN MIND WHEN WE'RE TALKING ABOUT NOW THAT, LET ME JUST JUST CLARIFY THAT THOUGH.

YOU'RE SAYING IT'S GOING TO BE REMOVED DEPENDING ON WHAT HAPPENS IN COURT, CORRECT? CORRECT.

THAT'S A TOTAL DIFFERENT ISSUE.

WOULD I, CORRECT ME IF I'M WRONG ON THIS, AMANDA, WHAT WE'RE APPROVING TONIGHT HAS NOTHING TO DO WITH THE COURT.

OKAY.

WE HAVE NOTHING TO DO WITH THE COURT EXCEPT, WELL, LET ME FINISH.

WHAT WILL HAPPEN IF, IF THE COURT REQUIRES MODIFICATIONS BEYOND THE SITE PLAN? THEY'D HAVE TO COME BACK TO US WITH AMENDED SITE PLAN, RIGHT? YEAH, POTENTIALLY.

I BELIEVE POTENTIALLY.

YEAH.

POTENTIALLY.

YEAH.

SO CERTAIN THINGS CAN BE HANDLED ADMINISTRATIVE, BUT, BUT FOR EXAMPLE, IF YOU'RE EXPOSING THREE FEET MORE OF THE WALL OR SOMETHING LIKE THAT OR, OR, OR SOMETHING LIKE THAT, I WOULD, I WOULD ASSUME THEY'RE GONNA HAVE TO COME BACK AT A MINIMUM TO THE BUILDING INSPECTOR AND POSSIBLY TO US FOR, FOR A, UH, REVISED SITE PLAN.

AM THAT CORRECT? YES, THAT'S CORRECT.

OKAY.

BUT, BUT I THINK THAT THE IMPORTANT THING IS THE FACT THAT THERE'S A COURT PROCEEDING.

THE FACT THAT THERE MAY BE A LAWSUIT PENDING RIGHT NOW IS IRRELEVANT.

THAT'S TO US.

OKAY.

ABSOLUTELY IRRELEVANT.

AND FRANKLY, WE DON'T WANT TO HEAR ABOUT IT.

OKAY.

BECAUSE IT'S NOT GONNA AFFECT OUR DECISION ONE WAY OR THE OTHER.

I UNDERSTAND.

OKAY.

NOW DO LET HIM, YOU CAN FINISH IN THEN NAISHA.

AFTER, AFTER, AFTER.

OKAY.

UH, I JUST WANT TO KNOW, WHEN YOU MAKE THIS DECISION, DON'T FEEL OBLIGATED TO THE 5, 2 9 OWNER BECAUSE THIS WAS PREVIOUS APPROVED, THIS OR THAT.

YOU KNOW WHAT WE NEVER FEEL OBLIGATED AGAINST.

I JUST WANNA HIGHLIGHT THAT AGAINST YOU OR ANYONE ELSE.

WE, WHAT WE DO IS THAT WE'RE OBLIGATED TO THE LAW.

THAT'S ALL WE'RE OBLIGATED TO.

OKAY.

WE DON'T TAKE SIDES.

WE DO WHAT WE BELIEVE IT COMPLIES WITH THE LAW.

AND ANYBODY WHO SAYS OTHERWISE SHOULD GO TO ANOTHER TOWN BECAUSE WE ARE VERY, VERY STRONG DURING THAT.

I APPRECI THAT.

IS THAT CLEAR? YES.

GOOD.

I FIND THAT INSULTING TO EVEN QUESTION THAT.

NOW, I, I JUST ALSO WANT TO ADD THAT AS BEING A NEIGHBOR, I MADE SEVERAL ATTEMPTS TO CONTACT THE PREVIOUS OWNER ON DAY ONE.

PREVIOUS OWNER? OWNER.

OH NO, THE CURRENT OWNER, I'M SORRY.

PREVIOUS OWNER WAS, WAS THE TENANT, THE CURRENT OWNER.

UH, WE REACHED OUT TO THEM TO SAY, LET'S GET TOGETHER AND RESOLVE THIS.

AND THE RESPONSE WAS, UH, THE RESPONSE WAS, IT'S TOO EARLY FOR DISCUSSIONS.

BUT RIGHT NOW I, BACK TO MR. GOLDEN'S POINT.

OKAY? RIGHT NOW IT IS WHERE IT IS, OKAY, YOU'RE HERE TO TRY TO GET THIS AMENDED SITE PLAN.

WE'D LOVE TO GET THROUGH THIS AND HOPEFULLY WE CAN IN A WAY THAT FITS EVERYBODY AND MAKES PEOPLE HAPPY AND WE HAVE A SAFE SITE PLAN TO DO AT THE SAME TIME YOU'RE IN COURT.

THAT'S A SEPARATE IS ISSUE FROM THIS THAT WE HAVE NOTHING TO DO WITH.

I I CAN'T HELP IT.

THAT YOU GUYS AREN'T, AREN'T, UH, BUDDY BUDDY.

THAT'S NOT, UH, THAT'S, WE'RE REALLY NOT IN THAT, THAT BUSINESS MATCHMAKING BUSINESS.

I, WE ENCOURAGE PEOPLE TO TRY TO WORK TOGETHER AND SETTLE THE DIFFERENCES.

ABSOLUTELY.

BUT BEYOND THAT'S ALL WE CAN DO.

OKAY.

THAT'S ALL I'M SAYING.

OKAY.

SO JUST IF, AGAIN, IF THERE'S ANYTHING ELSE SPECIFIC TO

[01:00:01]

THE SITE PLAN YOU WANT TO ADD OR COMMENT ON NOW THAT HASN'T BEEN COMMENTED ON YET.

ABSOLUTELY YOU CAN DO THAT.

BUT KEEP IT TO THAT POINT.

ONE.

ONE OTHER COMMENT I'D LIKE TO MAKE.

YEAH.

THE ORIGINAL PLAN HAD THE WALL AT THE TURN AS A 90 DEGREE ANGLE.

IT IS NOW AS A CURVE.

WHY WAS IT DEVIATED FROM THE ORIGINAL PLAN? AND THEY MADE IT A CURVE.

WE'LL LET THEM ADDRESS THAT THE, THE APPLICANT WILL ADDRESS THAT FAIR.

AND THE LAST THING IS THOSE BALLARDS THAT ARE CLOSE TO THE CURVE CURVE IS AN ASPHALT CURVE THAT NOW SERVES AS THE MEANS TO DIVERT THE WATER TO THE DRAIN IN THE DRIVEWAY.

IF YOU PUT THE BALLADS RIGHT IN FRONT OF THE CURB, IT'S GONNA BLOCK THE NATURAL FLOW OF WATER.

IT'S GONNA BUBBLE THERE AND COME OVER THE WALL.

OKAY.

THAT'S ALL I HAVE TO SAY.

I THANK YOU VERY MUCH.

AS ALWAYS SAY, I APPRECIATE THE SERVICE OF THE PIPE.

OKAY.

YOU VERY MUCH.

AND THANK YOU FOR YOUR COMMENTS.

I APPRECIATE THAT.

AISHA, YOU HAD A QUESTION? YES.

QUICK QUESTION.

I THINK IT MIGHT BE EASY.

UM, I RECALL THE COMPACT SPACES THERE, THE THREE, RIGHT.

UM, AND YOU RECENTLY MENTIONED, UM, THE LIMITING THOSE SPACES TO COMPACT CARS.

YEAH.

SO I JUST WANTED TO KNOW THE CONTEXT AROUND THAT.

WAS IT A SAFETY? BUT I MEAN, OBVIOUSLY THE SPACES ARE SMALLER, BUT JUST CURIOUS ABOUT THE KEY DETAILS, WHY THEY WANT TO NOW RESTRICT IT ONLY TO COMPACT.

I CAN PLEASE, UH, MR. CHAIR.

I'M HAPPY TO SPEAK TO THAT BECAUSE THAT WAS IDENTIFIED AND OUTLINED TO, I SHOULD SAY, WITHIN THE BUILDING INSPECTOR'S MOST RECENT MEMO.

REASON FOR THAT IS THERE'S A DRIVE AISLE, UM, WITH THAT NEEDS TO BE, UH, ADHERED TO.

AND THEY SHOW THAT AS VARIES, YOU KNOW, 24 FOOT MINIMUM.

THEY NEED TO ENSURE THAT THERE'S A MINIMUM OF 24 FEET.

SO DOING SO.

AND AS THE BUILDING INSPECTORS, UH, MEMO INDICATES THEY HAVE TO, IN ORDER TO MEET THAT 24 FEET, THEY NEED TO IDENTIFY THOSE SPACES AND RESTRICT THEM TO CONTACT VEHICLE PARKING ONLY BECAUSE IT'S A STANDARD SPACE CAN BE LONGER AND IT'S, AND WOULD ENCROACH INTO THAT DRIVER.

IT'S FROM THE END OF THE PARKING SPACE.

CORRECT.

THAT'S WHY.

SO THEN IN THE TRAFFIC PLAN, WE DID NOT IDENTIFY THAT ANY OTHER TYPE OF VEHICLES WERE PARKING IN THOSE SPACES, THOSE COMPACT SPACES.

SO PREVIOUSLY, I'M SORRY, GO AHEAD.

I WAS GONNA ASK YOU A QUESTION PRIOR TO THE APPLICANT, AND PROBABLY EVEN TODAY, BECAUSE THEY'RE IDENTIFIED AS EMPLOYEE PARKING SPACES TODAY, THEY'RE NOT IDENTIFIED AS COMPACT PARKING SPACES.

I'M SURE ANY VEHICLE IS PARKING THERE, BUT THOSE BOLLARDS AREN'T THERE TODAY.

SO WITH THE INSTALLATION OF THE BOLLARDS, THEY LOSE SOME WIDTH.

THEY'RE MAKING IT UP BY RESTRICTING THOSE THREE SPACES OF COMPACT.

LEMME ASK, LEMME ASK YOU A ZONING QUESTION.

MAY MAYBE YOU KNOW THE ANSWER TO THIS.

WHAT DO YOU, HOW DO YOU HANDLE THE COMPACT SPACES WHEN COUNTING SPACES FROM A ZONING POINT OF VIEW? THEY COUNTED AS FULL SPACES.

YEAH, OBJECT.

OKAY.

I JUST WANTED TO MAKE SURE.

OKAY.

DO YOU WANT TO ANSWER THE OTHER QUESTIONS YOU GOT FROM, UH, SURE, MR. SENIOR, MANY OF THE COMMENTS BEING ENGINEERING QUESTIONS, IF I COULD JUST TURN OVER SURE.

TO MR. COLEY TO RESPOND TO THAT'S FINE.

MR. COLEY.

YES.

SO BASICALLY SOME OF THE DISCUSSION YOU WERE JUST HAVING IS SOME OF THE REASONING.

WE'RE TRYING TO MAINTAIN THAT 24 FEET, WHICH IS THE TYPICAL MINIMUM REQUIREMENT.

AND I ALSO BELIEVE THE TIME REQUIREMENT FOR 90 DEGREE SPACES, UM, IT'S WHAT YOU FOR TWO WAY TRAFFIC.

SO BECAUSE WE HAVE VEHICLES COMING, GOING INTO CLAIMS PLACE, THIS PARKING AREA, AND THEN VEHICLES GOING OUT, WHICH AGAIN, I THINK THE BOARD SAW, UM, VERY, UM, CLEANLY IN THE TIME-LAPSE VIDEO OF THAT WAS SUBMITTED.

AND, YOU KNOW, TO THE BOARD'S COMING HERE, LIKE THEY'RE BEING USED RIGHT NOW BY ALSO PARENTS DROPPING OFF THEIR KIDS.

UM, BUT THEY PULL OUT OF THE FULL SIZE SPACES NOW.

I THINK THEY'RE STRIKED THAT WAY NOW.

UM, BACK OUT, PULL OUT CARS COMING IN, PULL IN, UM, NO ISSUES.

BUT TO AARON'S POINT, YOU KNOW, WE WANT TO INSTALL THE BOTTLES.

WE WANT TO MAINTAIN THAT 24 FEET.

AND THE BUILDING INSPECTOR'S MEMO IDENTIFIED THAT WE SHOULD DESIGNATE THESE OFFICIALLY COMPACT SPACES AND, AND CUT THE STRIKING BACK.

SO, UM, THAT'S WHAT WE'RE SHOWING HERE.

AND WHAT WE WILL DO IS WITH THE, ONCE THE, EXCUSE ME, SURVEYORS OUT THERE TO GET THE REST OF THE EXISTING INFORMATION, THIS SITE THING WILL

[01:05:01]

BE UPDATED WITH THAT AND RESUBMITTED TO THE BOARD.

AND WE WILL ALSO BRING IT TO THE ENGINEERING DEPARTMENT, UH, FIRST STORM WATER COMPLIANCE AS WELL.

JESSE, IF YOU COULD JUST RESPOND TO THE PUBLIC COMMENTS REGARDING THE, UH, RES STRIPING OF THE CROSSWALK TO BE PARALLEL WITH THE CENTER LINE.

THAT IS NOT SOMETHING THAT I, YOU KNOW, I'M NOT A TRAFFIC ENGINEER.

MOST CROSSWALKS ARE USUALLY PERPENDICULAR TO THE PEDESTRIAN PATH OF TRAVEL.

UM, FOR PEDESTRIANS, UM, THE, THE VEHICLES TRAVELING, THIS, THIS PORTION OF THE SITE ARE GOING TO BE VEHICLES THAT ARE VERY FAMILIAR WITH THIS SITE.

UM, MOST OF THE EMPLOYEES PARK IN THE REAR OF THE BUILDINGS.

UM, YOU DON'T HAVE NECESSARILY VISITORS, UH, COMING TO USE THE BUILDING.

UM, SO EVERYONE'S GONNA BE VERY FAMILIAR WITH THIS.

I I THINK THIS IS THE SAFEST FOR PEDESTRIANS AND THE CLEANEST PATH OF TRAVEL FOR PEDESTRIANS.

UM, SO THE TRAFFIC, AS YOU SAW EVEN IN THE VIDEO, ARE PARENTS COMING, PICKING UP AND DROPPING OFF IN THESE FRONT SPACES.

UM, YOU KNOW, A FEW HANDICAP SPACES OBVIOUSLY GET USED, UM, WHEN, WHEN NEEDED.

BUT MOST OF THE VEHICLES IN THE BACK ARE THE TEACHERS THAT COME AND PARK, UH, YOU KNOW, FOR THE DAY.

LET, LET ME MAKE A SUGGESTION.

SPEAK TO SPEAK TO MURRAY.

YOU KNOW, AFTER YOU'RE DONE, HE'LL GIVE YOU THE CITATIONS TO THE CROSSWALK STANDARDS.

HE'LL SHOW YOU WHERE TO LOOK.

YOU COULD DO YOUR RESEARCH, DO YOUR RESEARCH AFTER THE MEETING, EXCUSE ME.

DO YOUR RESEARCH AFTER THE MEETING, AND THEN, YOU KNOW, IF YOU FEEL THE CHANGE IS WARRANTED, YOU COULD REVISE THE PLAN.

OKAY.

WE CAN CERTAINLY DO THAT.

I, I DON'T HAVE A PROBLEM CHANGING IT.

OKAY.

WHY DON'T WE MOVE ON TO SOME OF THE OTHER SUBJECTS THAT YOU'VE GOT, PLEASE? SURE.

UH, JUST BRIEFLY, UH, WE DID HAVE, WITH RESPECT TO THE COMMENT THAT THERE'S BEEN ACCIDENTS ON THE SITE, UH, WE DID RE REQUEST, UM, WE, THERE WAS A FOIL REQUEST TO THE, TO THE GREENBURG POLICE DEPARTMENT ASKING FOR ANY INCIDENTS, UM, THAT MAY HAVE BEEN RESTRICTED TO THE INTERSECTION OF THE DRIVEWAY AND THE ROADWAY, BUT THERE WAS NO INCIDENTS.

WHAT MR. CSOR IS REFERRING TO IS SOME SLIGHT, SLIGHTLY ADJUSTED, UH, BLOCKS ON THE RETAINING WALL, I BELIEVE, RUNNING ALONG THE DRIVE AISLE, UH, RATHER THAN THE PORTION OF THE RETAINING WALL THAT RUNS ALONG THE PARKING AREA SPACE.

UM, JESSE, IF YOU COULD JUST RESPOND TO THE PUBLIC COMMENTS ABOUT, UM, I JUST WANNA MAKE ONE COMMENT WITH ALL DUE RESPECT.

THE, THE, YOU CAN'T JUST RELY ON THE POLICE REPORT AND THOSE KINDS OF SITUATIONS 'CAUSE THE POLICE CAN ONLY ONLY REPORT OR ONE THAT ARE REPORTED.

I CAN'T TELL YOU HOW MANY TIMES MY, MY STONE WALL'S GOTTEN HIT THAT THE POLICE DON'T HAVE A REPORT FROM.

SO YOU, I, YOU'RE RIGHT.

THAT'S ALL.

YOU'RE RIGHT.

UM, MR. CHAIRMAN, I SHOULD ADD THAT UP.

WE DON'T KNOW THAT IT DID OR HE DIDN'T.

OUR CLIENT HAS, OUR CLIENT HAS EXPRESSED TO ME THAT HE'S NOT AWARE OF ANY ACCIDENTS ON HIS SITE.

RIGHT.

SINCE IT'S, YOU DON'T KNOW, BUT FOR SURE.

BUT IT'S OKAY.

UM, JESS, UH, JESSE, COULD YOU PLEASE RESPOND TO THE COMMENT REGARDING, UM, THE SPACING BETWEEN THE BOLLARDS AND THE RETAINING WALL.

UH, AND AS YOU GET CLOSER TO THE CORNER OF THE RETAINING WALL OF THE BOLLARDS APPEARED TO GET CLOSER TO THE RETAINING WALL? YEAH, I, I, I KIND OF ADDRESSED THAT BEFORE, BUT IT'S, IT'S IN A, TO MAINTAIN THE 24 FOOT MINIMUM DRIVE AISLE THERE, WE DID SPACE THEM SO THAT THEY'RE, YOU KNOW, UH, NARROWER THAN ANY VEHICLE.

THEY'RE TALLER, UH, THAN A GUIDE RAIL.

SO THEY ARE VISIBLE WHEN, YOU KNOW, BACKING OUT, YOU CAN SEE THE BOLLARDS AS WELL.

UM, SO THEY'RE, THEY'RE CLOSER HERE TO MAINTAIN THAT 24 FEET.

BUT, UM, HE DID BRING UP A GOOD POINT WITH THE CURB THAT THAT HAS TO BE SHOWN ON HERE TOO, WITH THE, WITH THE AS BILL.

SO WE'LL HAVE TO RECONCILE THAT FOR SURE.

AND I THINK, SORRY, ONE OF THE QUESTIONS WAS HOW STRONG ARE THEY IF THEY'RE THAT CLOSE TO THE WALL? RIGHT.

YOU KNOW WHAT, IF YOU'RE APPLYING FORCE AGAINST THEM FROM THE OTHER DIRECTION, YOU KNOW WHAT'S GOING TO KEEP THEM FROM PUSHING, YOU KNOW, OVER THE EDGE.

IT'S LOOKING AT IT, IT'S HARD TO SAY, AND I'M NOT AN ENGINEER, BUT I DON'T KNOW HOW DEEP YOU HAVE TO SINK 'EM.

SURE.

SO THEY WOULD BE INSTALLED PER THE APPROVED DETAIL, UH, THAT WAS DONE ON NORTH SIDE HERE AS WELL.

SO THE FOOTING IS FOUR FEET DEEP, UM, CONCRETE IN CASE.

AND THE BOLLARD ITSELF IS A CONCRETE FILLED BOTTLE.

UM, SO IT'S DESIGNED FOR THAT PURPOSE.

UM, AND WITH RESPECT TO THE DRAIN PIPE THAT IS INSTALLED

[01:10:01]

AT THE BASE OF THE WALL, UM, AND THIS WALL, YOU KNOW, GOES DOWN DEEPER THAN FOUR FEET.

I THINK EVEN IN SOME DAYS IT'S SIX OR SEVEN FEET, YOU KNOW, BELOW GRADE, UM, IS WHERE THIS WALL WAS INSTALLED.

SO WE SHOULD NOT HAVE A CON, I DID NOT EXPECT A CONFLICT WITH THAT AS WELL.

OKAY.

JESSE, CAN YOU ADDRESS THE COMMENT AS TO WHY THE RETAINING WALL, UH, IS CURVED AT THE CORNER RATHER THAN A 90 DEGREE ANGLE? AGAIN, IT WAS THE, UH, TAKE ADVANTAGE OF THE SPACE WE HAD.

UM, UH, UM, YOU KNOW, THE PROPERTY LINE, UH, IT'S, UH, THE, THE, EXCUSE ME, THE DRIVEWAY NOT , THE DRIVEWAY WIDENS HERE.

SO IT'S KIND OF, YOU KNOW, UM, SOME ADDITIONAL SPACE.

SO RATHER THAN SQUARE IT OFF, IT, IT OCCURS.

THAT IS ALSO TO HELP, YOU KNOW, DIRECT THE WATER AROUND THE CORNER.

YOU KNOW, UM, WATER DOESN'T NECESSARILY MAKE SHARP TURNS.

UH, SO RATHER THAN SQUARED OFF AND CREATED, UH, A SITUATION THERE, IT WAS, IT WAS CURVED WHEN IT WAS, UH, WHEN IT WAS INSTALLED TO TRY TO PICK UP A FEW MORE, SOME, SOME MORE ROOM.

AND, UH, ANYONE ON THE BOARD, CORRECT ME IF I'M WRONG, BUT THE LAST COMMENT THAT I WROTE DOWN, UH, WHICH WE SHOULD RESPOND TO IS, UM, HOW ARE THE BOLLARDS CONSTRUCTED WITH RESPECT TO THE ASPHALT CURVE THAT SERVES AS A BERM FOR THE STORM STORMWATER DRAINAGE, RIGHT.

RELATIVE, DOES IT IMPACT THE STORMWATER DRAINAGE'S QUESTION? I BELIEVE YEAH.

THEY, THEY WILL NOT.

UM, BUT AGAIN, THE AS BILL INFORMATION THAT WE'RE GONNA ADD TO THE PLAN SO THAT YOU CAN SEE THESE CONDITIONS WILL INCLUDE THAT CURB.

UM, AND, YOU KNOW, WE WILL ACCOUNT FOR THAT IN THE, IN THE PLACEMENT OF THE FATHER.

I THINK THERE'S ONE OTHER QUESTION THAT CAN COMES UP AND, AND THEN WE WILL TALK ABOUT HOW WE DEAL WITH IT WHEN WE CLOSE THIS, OUR MEETING.

WE'RE NOT GONNA CLOSE THE HEARING TONIGHT ANYWAY, BUT, UH, I, WE, WE WILL TELL YOU HOW WE'RE WANT TO MOVE FORWARD, UM, IS STILL, I THINK THE ELEPHANT IN THE ROOM IS THE INTEGRITY OF, OF THAT RETAINING WALL, THE WALL THAT'S ALREADY THERE.

I KNOW YOU GOT A CO FOR IT AND ALL OF THAT.

UM, AND WE'LL OBVIOUSLY BE REVIEWING THAT WITH THE BUILDING INSPECTOR OURSELVES.

BUT, UM, YOU MAY WANNA REVIEW THAT TOO IN LIGHT OF SOME OF THE OTHER THINGS THAT ARE GOING ON.

THAT'S ALL WE WANNA MAKE SURE THAT EVERYTHING THAT I, I ACTUALLY LIKE THE BALLERS.

I THINK THE BALLERS ARE A TERRIFIC IDEA.

THEY'RE DEFINITELY MORE LIKELY TO HOLD A CAR BACK THAN, THAN A GUARDRAIL.

I'VE SEEN CARS GO THROUGH GUARDRAILS, ALTHOUGH I DON'T THINK ANYTHING, YOU KNOW, THEY'RE GOING AT 10, 15 MILES AN HOUR COMING IN THERE, OR MAYBE AN OCCASIONAL LAY PERSON AT 20.

BUT THAT'S ABOUT IT.

OKAY.

UM, AND THE BALLARD SHOULD HELP THAT FOR SURE.

BUT I JUST WANNA MAKE, WE JUST SHOULD CROSS, YOU KNOW, WE HAVE A LITTLE BIT OF TIME, WE HAVE A LUXURY OF A LITTLE TIME JUST DOT THE I'S CROSS THE T'S ON THAT, THIS SYSTEM.

I'LL CALL IT A SYSTEM NOW WITH EVERYTHING THERE, IT WILL, WILL HOLD UP.

I'M GLAD THAT'S ALL.

I'M JUST, UH, SO JUST TO TRY TO UNDERSTAND WHAT YOU'RE SAYING, IS THAT, UM, THAT THERE'S GONNA BE A FURTHER REVIEW OF THE WALL THAT WAS INSTALLED? NO, I DIDN'T SAY THAT.

OKAY.

I, I DON'T THINK, I THINK, UH, AMANDA MAY HAVE SAID IT EARLIER AND I, AND I I AGREE WITH HER A HUNDRED PERCENT.

THIS ISN'T, THAT THAT WALL IS NOT A SITE PLAN ISSUE IN, IN, IN OUR VIEW.

OKAY.

IT WAS AN EXISTING WALL.

NOW HAVING SAID THAT, OKAY, IT, IT WOULDN'T HURT.

I'M JUST RECOMMENDING THIS TO YOU 'CAUSE OKAY.

IT WOULDN'T HURT TO DOUBLE CHECK THAT, HEY, IS THAT, SHOULD WE BE DOING SOMETHING TO REINFORCE THE WALL WE'RE PUTTING IN THESE BALLERS? THAT'S ALL I'M SAYING.

IT IS NOT A SIDE PLAN ISSUE BECAUSE WE'RE, WE'RE WORKING OFF AN APPROVED AS BUILT.

THAT'S WHY WE KEEP SAYING AS BUILT IT APPROVED AS-BUILT PLAN.

OKAY.

THAT'S HOW, THAT'S OUR JOB.

OKAY.

AND, UH, SO TO THE ONLY EXTENT THAT I WOULD BE CONCERNED ABOUT THE LAW FROM A SITE PLAN POINT OF VIEW IS IF THE WORK THAT'S BEING DONE, THE BALL WAS PUT IN ACTUALLY WEAKEN THE WALL.

OKAY? BUT THEN MAYBE WHEN YOU DO THAT, YOU MIGHT AS WELL JUST FUNDAMENTALLY FIND OUT.

BE SURE AND CONFIDENT YOU CAN COME BACK AND SAY, SAY NO, THE SYSTEM, NEW SYSTEM IS GONNA WORK FINE FOR ALL THE QUESTIONS THAT WOULD HURT TONIGHT.

OKAY.

THANK YOU FOR THAT CLARIFICATION.

ALRIGHT.

UM, ALSO TO FOLLOW UP WITH THE ENGINEERING DEPARTMENT ABOUT THE STORMWATER, WHICH ONE DO YOU WANT ME TO USE? NO, WE'LL JUST, YEAH, YEAH.

THAT'S WHAT WE, YEAH.

OKAY.

AND WHAT, I'M SORRY, THE STORMWATER FOLLOWING UP WITH THE ENGINEERING DEPARTMENT ABOUT THE STORMWATER, MAKE SURE THAT THE CHANGES TO THE, UH, PROPERTY REGARDING THE DRAINAGE AND DOESN'T REDIRECT IT.

YEAH, THAT'S YOUR POINT.

AND IT MEET MEETS WHAT'S REQUIRED FOR THE PROPERTY.

YEAH.

YEAH.

THANK, THANK YOU AMANDA.

IF, UH, MR. BODEN HAS ANOTHER COMMENT CAN BE BE ABOUT THE SITE PLAN, MR. BODEN, PLEASE

[01:15:01]

APPRECIATE IT FOR ME.

TWO THINGS GOING ON.

IT'S CALLED THE MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES BECAUSE IT SHOULD BE UNIFORM ANYWHERE YOU GO, RIGHT? THERE'S A RECORD, BOTH WRITTEN AND VIDEO OF YOUR ENGINEER SAYING, WELL, MOST PEOPLE ARE FAMILIAR WITH THAT AND WHY SHOULD WE WORRY ABOUT IT? THEY'VE BEEN HERE BEFORE, THEY KNOW WHAT'S GOING ON.

DO YOU REMEMBER WHEN THAT WAS SAID? GO BACK AND LOOK AT THE TAPE.

IT'S CALLED A MANUAL OF UNIFORM TRAFFICKING.

SO IT'S UNIFORM FOR THE PERSON WHO IS NOT NATIVE TO THE AREA.

IT'S FOR SOMEBODY WHO IS A STRANGER.

THIS PROBLEM WITH VAL HALLOW WHEN THEY RAN INTO THE CAR AND BRODY'S WIFE WAS KILLED, THE DECISION CAME DOWN YESTERDAY ABOUT THAT BECAUSE IT WASN'T UNIFORM, BASICALLY.

SO IT'S NOT FOR THE PERSON AS YOUR SO-CALLED TRAFFIC CONSULTANT SAID, OH, WE KNOW ABOUT THIS.

'CAUSE WE ALL HEAR ALL THE TIME.

IT'S FOR THE PERSON THAT COMES THERE WHO WAS DIRECTED BECAUSE THERE WAS AN ACCIDENT ON A SAW MILL.

THEY DIRECTED PEOPLE THROUGH VAL HALLA.

SAFETY MEANS ANYBODY WHO'S A STRANGER SHOULD UNDERSTAND IT.

THAT'S A GOOD POINT.

THESE TRAFFIC ENGINEERS HAVE BEEN BREAKING THE LAW AND NOBODY HAS STOPPED THEM.

I'M GONNA STOP 'EM 'CAUSE I GOT NOTHING TO LOSE.

AND THERE'S ONE MORE THING I HEARD, HUGH.

YES, SIR.

AMANDA THE TALC IS THE PARLIAMENTARIAN.

PARLIAMENTARIAN HAS EVERY RIGHT TO STOP ME.

YOU DON'T RIGHT? THIS NOT TRUE MURRAY.

IT'S NOT TOWN BOARD.

SO ACTUALLY THAT'S NOT TRUE.

EXACTLY TRUE HERE.

BUT THANK YOU.

WE'LL DISCUSS THAT ANOTHER TIME.

BUT I WILL NOT BE STOPPED.

I WILL NOT BE INTERRUPTED IMPROPERLY AGAIN IN MY LIFETIME.

AND I'M ABOUT TO SPEAK UP AND IF THEY WANNA CARRY ME OUT HERE WITH THREE COPS, I'LL BE KICKING.

YOU SEE ANY POLICE HERE TONIGHT? THERE AREN'T DE UH, ANY OTHER COMMENTS BEFORE WE, UH, TELL YOU WHAT WE WANT TO DO? I JUST HAVE, UH, ONE CON UM, I JUST WANTED DIRECT THE ENGINEER TO THE PROPER PLACE.

SURE.

SO THE, UH, A CODE SECTION 1607 0.7 0.3 OF THE RESIDENTIAL OR OF THE COMMER, UH, COMMERCIAL BUILDING CODES, STATE IN NEW YORK, TALKS ABOUT THE BARRIER SYSTEM AND BOLLARDS AND HOW TO DESIGN FOR 'EM.

SO, OKAY.

THANK YOU.

1607 0.7 0.3.

THANK.

THANK YOU VERY MUCH, ELLIOT FOR THAT.

I APPRECIATE IT.

ANYBODY ELSE HAVE ANY COMMENTS TO THE BOARD, THE PUBLIC, ANYBODY ON, ON ZOOM FOR US? NO.

NO.

OKAY.

I'LL TELL YOU, UNLESS YOU HAVE ANOTHER COMMENT, I'LL TELL YOU WHERE, WHERE WE'RE AT.

I DO NOT, NO.

OKAY.

UM, THANK YOU EVERYBODY TONIGHT.

I THINK HOPEFULLY WE'LL END UP WITH A BETTER PROJECT OUT OF ALL OF THIS AND ONE THAT YOU GUYS CAN START LIVING IN HARMONY, PLEASE.

WE NEED, WE NEED HARMONY IN THIS WORLD.

THERE ISN'T ANY.

OKAY.

RIGHT NOW WE NEED HARMONY.

UM, WHAT I'D LIKE TO DO IS THIS, FIRST OF ALL, YOU'RE GOING IN FRONT OF THE, THE ZONING BOARD TOMORROW NIGHT FOR I, HOPEFULLY A FINAL DECISION AS I UNDERSTAND IT, WHICH ALLOWS YOU TO COME BACK HERE THE NEXT TIME.

BY THAT TIME, I WOULD HOPE YOU'LL GIVE US THE RIGHT SITE PLAN, HOPEFULLY BY THE 1ST OF AUGUST OR THE 31ST OF JULY.

SO, SO, UH, IT WAS INDICATED THAT YOU ANTICIPATE THE SURVEYOR TO BE OUT THERE NEXT WEEK, AND THEN IT MAY TAKE SOME TIME FOR THE SURVEYOR TO PUT TOGETHER SECOND, THAT PLAN.

SECOND 30TH.

WE WANNA MAKE SURE THAT I WOULD SAY THE 30TH, THE 30TH 30TH, OKAY.

30TH OF JULY IF POSSIBLE.

SO WE, THAT WOULD GIVE ENOUGH TIME FOR STAFF TO REVIEW AND GET AHEAD OF SCHEDULING AND GET, AND GET IT OUT TO, TO THE, TO THE P BOARD PRACTICE, GO OUT THE FRIDAY BEFORE.

UNDERSTOOD.

BEFORE THE MEETING.

GENERALLY WE WANT TO GIVE THE PUBLIC AN OPPORTUNITY AS WELL.

RIGHT.

ADD UP TO THE NEXT MEETING.

OKAY.

UM, SO JULY 30TH, THIS IS WHAT WE'RE GONNA DO.

I WANT TO CONTINUE THE PUBLIC HEARING FOR THAT REASON.

WE HAVE TO, 'CAUSE I WANT TO HAVE THE RIGHT PLAN IN FRONT OF US.

HOWEVER, IN DEFERENCE TO THE SCHOOL YEAR COMING UP AND EVERYTHING ELSE, ASSUMING WE CAN GET ALL THIS DONE AND DO ALL THE THINGS AND RESPONSIBLE, PLEASE CONSULT WITH AARON TOMORROW, OF COURSE.

OKAY.

WHO CAN BE VERY HELPFUL IN, IN GUIDING YOU THAT WAY WE'LL DO THE PUBLIC HEARING.

IF EVERYTHING IS RIGHT, WE CAN CLOSE THE PUBLIC HEARING AND ALSO MAKE A DECISION ON THE SAME NIGHT, WHICH WE DON'T NORMALLY DO.

OKAY.

WHY, WHY, WHY DO WE NEED TO CONTINUE THE PUBLIC HEARING? I KNOW THAT WE'RE WAITING FOR, IT'S NOT GONNA EXCUSE ME.

I KNOW THAT WE'RE WAITING FOR THE REVISED SITE PLAN, BUT I ASSUME WE CAN GET THAT BEFORE OUR NEXT

[01:20:01]

WORK SESSION.

MI MICHAEL? I DO YOU WANT TO ANSWER IT, AARON? WELL, I THINK IT WOULD BE APPROPRIATE TO HAVE THAT ENTERED IN HONOR.

THANK YOU.

I THINK IT WOULD BE APPROPRIATE TO HAVE THAT INTO THE RECORD IN AN OPPORTUNITY FOR THE PUBLIC TO LOOK AT IT AND COMMENT ON IT AT A PUBLIC HEARING.

OKAY.

IT WON'T CHANGE.

IT DOESN'T CHANGE THE TIMING.

THAT'S WHY I SAID IT ANSWERS MY QUESTION.

OKAY.

THANK YOU.

ANYBODY ELSE HAVE ANY QUESTIONS WITH REGARDS TO A PUBLIC HEARING? DOES THE RECORD STAY OPEN ANOTHER TWO WEEKS OUT AFTER, IN ANY EVENT? YES.

IT, IT, IT WOULDN'T IF YOU DID THE DECISION THE SAME DAY, WOULDN'T IF YOU DECIDED THE SAME NIGHT.

SO, OKAY.

THIS IS, THAT'S WHY WE'VE SET THE SUBMISSION DEADLINE FOR THE 30TH.

SO THERE'S AN OPPORTUNITY NOT ONLY FOR THE BOARD, BUT FOR MEMBERS OF THE PUBLIC TO LOOK AT THE SUBMISSION AND FOR STAFF AS WELL.

IF EVERYTHING COMES TOGETHER ON THE SEVENTH, THE BOARD WOULD BE IN A POSITION NOT OBLIGATED TO, BUT COULD BE IN A POSITION, I SHOULD SAY, TO CLOSE THAT NIGHT AND MAKE A DECISION GIVEN THE EXTENDED PERIOD OF TIME THAT THE PUBLIC HEARING HAS BEEN OPEN IN CONNECTION WITH THIS PROJECT.

EXACTLY.

OKAY.

IF, IF THERE ARE REMAINING ISSUES, YOU KNOW, THE BOARD COULD ALSO TAKE A STRAW POLL THAT NIGHT.

COULD STRAW POLL, IT COULD MAKE, UH, CONDITIONS OF ANY DECISION.

YES.

BUT IF SOMETHING ELSE COMES UP AND, AND TERM WE COULD, WE COULD EVEN CONTINUE THE PUBLIC HEARING, SO, RIGHT.

YOU KNOW, WE DON'T KNOW THE GUARANTEE, BUT WHAT I'M SAYING, IF, IF EVERYTHING IS, THERE IS AN OPPORTUNITY TO CLOSE THE NEXT MEETING ON AUGUST 7TH TO CLOSE IT AND MAKE A DECISION THAT NIGHT, WHICH IS, YOU KNOW, THE BEST WE CAN DO UNDER THE CIRCUMSTANCES.

OKAY.

THANK YOU.

I APPRECIATE THAT FOR, FOR LETTING US KNOW THAT.

OKAY.

THANK YOU VERY MUCH.

I'LL TAKE A MOTION TO CLOSE, UH, TONIGHT'S PUBLIC HEARING, THIS HEARING, PLEASE.

I'M SORRY.

WE DON'T NEED THAT.

CAN I HAVE A MOTION TO CLOSE THE PUBLIC HEARING PORTION OF TONIGHT'S MEETING? SO MOVED.

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

ALL IN FAVOR? AYE.

AYE.

OKAY.

WE'RE GONNA BE BACK IN WORK SESSION IN A COUPLE OF MINUTES.

THANK YOU VERY MUCH.

THANK YOU EVERYONE.

OKAY, WE'RE BACK IN WORK SESSION.

WE HAVE ONE MORE, UH, CASE TO GO TONIGHT.

IT'S PB 24 14.

AS SOON AS MY COLLEAGUES SETTLE DOWN 24 14.

I CAN'T WALK INTO AT THE SAME TIME.

SO JUST, UH, BEAR WITH ME.

IT IS DICKER SEVEN 18 PARK AVENUE SOUTH.

THAT'S PO SCARSDALE, UH, IT'S PLANNING BOARD SPECIAL USE PERMIT FOR A SMALL ANIMAL HOSPITAL.

THIS HAS BEEN A RESTAURANT FOR, I THINK IT WAS SPGA, AND THEN IT WAS, UH, THE BEN'S DELI AND THAT'S IT.

I DON'T KNOW IF IT WAS ANYTHING BEFORE SPGA.

IT MUST HAVE BEEN AT SOME TIME.

I DUNNO.

BUT IT'S, IT, FOR A LONG TIME IT WAS SPGA FOR A LONG TIME AND IT WAS SUCCESSFUL.

I DON'T KNOW WHAT HAPPENED TO SPGA AND THEN BEN'S WAS NOT SUCCESSFUL, UNFORTUNATELY.

AND NOW IT'S BEEN EMPTY.

WE HAD ONE, UH, WE THOUGHT WE HAD A TENANT FOR A FUNERAL HOME THERE ORIGINALLY, AND THAT UNFORTUNATELY THAT FELL THROUGH AS WE, THEY ADMITTED FOREST.

NOW I GUESS WE'RE BEING GOING TO HEAR ABOUT, UH, THE POSSIBILITY OF AN ANIMAL HOSPITAL.

SO I'LL TURN IT OVER TO THE APPLICANT TO, UH, TAKE US THROUGH AS MUCH AS YOU'D LIKE AND LET'S TRY TO HOLD QUESTIONS UNLESS IT'S ONE OF CLARIFICATION UNTIL AFTERWARDS.

OKAY.

THANK YOU.

UH, THANK YOU MEMBERS OF THE BOARD FOR HEARING ME TONIGHT.

UM, AND ALLOWING ME TO PRESENT MY SPECIAL USE DEPARTMENT APPLICATION.

UH, MY NAME IS SAM DICKER.

I HAVE, UH, I'M GONNA SHARE MY SCREEN.

UM, ONE SECOND.

I GET ZOOM OUT OF THE WAY WE CAN.

OKAY.

UH, THAT SHOULD BE SUFFICIENT.

HOPEFULLY.

UH, THERE IT GOES.

EXCELLENT.

THAT'S GOOD.

UH, I'M A VETERINARIAN SPECIALIZING IN SMALL ANIMAL EMERGENCY AND CRITICAL CARE AND A LIFELONG ANIMAL LOVER.

UH, I GRADUATED FROM CORNELL UNIVERSITY'S COLLEGE OF VETERINARY MEDICINE IN 2015 AND WENT ON TO PURSUE ADDITIONAL TRAINING TO BECOME A BOARD CERTIFIED SPECIALIST RECOGNIZED BY THE COLLEGE OF, EXCUSE ME, AMERICAN COLLEGE OF VETERINARY EMERGENCY AND CRITICAL CARE ATTAINING CERTIFICATION IN 2019.

THERE ARE ABOUT 550 OF US IN THE COUNTRY, UM, OTHERS ELSEWHERE AROUND THE, AROUND THE WORLD.

UH, AND THEN ALTHOUGH I GREW UP IN A SHELTER AND GENERAL PRACTICE ENVIRONMENT, I'VE SPENT THE VAST MAJORITY OF MY CAREER IN 24 HOUR EMERGENCY AND SPECIALTY ANIMAL HOSPITALS.

PET OWNERSHIP, PARTICULARLY IN SUBURBAN AREAS SUCH AS WESTCHESTER HAS SKYROCKETED SINCE THE PANDEMIC AND THE NEED FOR HIGH QUALITY VETERINARY CARE, UH, HAS ALSO INCREASED.

UH, IT IS NOT UNUSUAL FOR PET OWNERS TO EXPERIENCE A THREE TO FOUR HOUR LONG WAIT IN A VETERINARY ER DUE TO A FULLY BOOKED.

UH, ALTHOUGH CARING PRIMARY CARE VETERINARIANS, UH, I HAVE ALWAYS DREAMED OF MANAGING A VETERINARY HOSPITAL SEPARATE FROM CORPORATE ENTITIES WHO DICTATE HOW MY MEDICINE IS PRACTICED OR UNNECESSARILY RAISE PRICES ULTIMATELY TO THE DETRIMENT OF THE BELOVED PET OWNER.

WE ARE CURRENTLY IN THE PROCESS OF PURCHASING SEVEN 18

[01:25:01]

CENTRAL PARK AVENUE IN SCARSDALE, FORMERLY VENS DELI.

UH, THE SALE OF WHICH IS CONTINGENT UPON THIS SPECIAL USE PERMIT.

UH, OUR PROPOSED USE IS A 24 7 EMERGENCY AND SPECIALTY ANIMAL HOSPITAL.

THIS FACILITY WOULD BE STAFFED BY BOARD CERTIFIED SPECIALISTS WITH ADVANCED TRAINING IN THEIR FIELD, SUCH AS SURGEONS, INTERNAL MEDICINE SPECIALISTS, EMERGENCY AND CRITICAL CARE SPECIALISTS SUCH AS MYSELF, OTHERS SUCH AS OPHTHALMOLOGISTS, ONCOLOGISTS, DERMATOLOGISTS.

UH, THESE SPECIALISTS ARE CAPABLE OF PERFORMING ADVANCED PROCEDURES OFTEN, UH, UH, AND OFTEN REQUIRE EQUIPMENT THAT YOUR PRIMARY CARE VETERINARIAN DOES NOT HAVE ACCESS TO.

IN ADDITION, THE FACILITY WILL BE STAFFED 24 7 BY EXPERIENCED EMERGENCY VETERINARIANS, CREDENTIALED VETERINARY TECHNICIANS, ALSO REFERRED TO AS NURSES, SOMETIMES, UH, VETERINARY ASSISTANTS AND OFFICE STAFF.

THIS ALLOWS ANIMAL OWNERS A TRUSTED RESOURCE LOCALLY WITH ACCESS TO EXPERIENCED CLINICIANS AND STAFF AT ALL HOURS.

WE AIM TO START BY EMPLOYING AT LEAST 40 PEOPLE AND THOSE FROM THE SURROUNDING COMMUNITY, UH, WITH PLANS TO GROW.

MY GOAL IS TO PROVIDE AN ESSENTIAL SERVICE TO GREENBURG AND THE SURROUNDING WESTCHESTER COUNTY COMMUNITY.

THE NEAREST SPECIALTY VETERINARY FACILITIES OF SUCH A CALIBER ARE OTHERWISE IN STANFORD, CONNECTICUT, BREWSTER, NEW YORK, OR IN MANHATTAN.

UM, FOR CONTEXT, I RECENTLY, UH, LEFT A PRACTICE THAT I WORKED IN BROOKLYN FOR FOUR YEARS.

UM, AND THIS NECESSITATES ADDITIONAL TRAVEL TIME FOR AN UNWELL P SEVEN 18.

CENTRAL PARK AVENUE IS IN THE CA, CENTRAL AVENUE MIXED USE IMPACT DISTRICT THAT PROPOSED 10,447 SQUARE FOOT ANIMAL HOSPITAL REQUIRES 53 OFF STREET PARKING SPACES WHERE 75 OFF STREET PARKING SPACES EXIST ON SITE.

AND THE CODE SPECIFIES THE FOLLOWING.

A ALL OPERATIONS, INCLUDING RUNWAYS, SHALL BE WITHIN A TOTALLY ENCLOSED, FULLY SOUNDPROOFED, MECHANICALLY VENTILATED, OR AIR CONDITIONED BUILDING.

UH, ALL OPERATIONS WITH ONE EXCEPTION WILL BE ENCLOSED IN THIS, ENCLOSED IN THIS MECHANICALLY VENTILATED AND AIR CONDITIONED BUILDING.

THE BUILDING WILL ALSO BE APPROPRIATELY FULLY SOUNDPROOFED.

OUR TEAM IS WORKING EXCLUSIVELY WITH ANIMAL ARTS, AN ARCHITECTURE FIRM THAT SPECIALIZES IN DESIGNING ANIMAL FACILITIES EXCLUSIVELY, INCLUDING GENERAL PRACTICES, SPECIALTY PRACTICES, AND ANIMAL SHELTERS.

UH, THIS IS AN EXAMPLE OF THEIR, UH, PHOTOS THAT THEY'VE TAKEN AFTER DESIGN.

UM, THEY ARE EXPERTS IN THEIR INDUSTRY AND THEIR ARCHITECTS ROUTINELY LECTURE AT NATIONAL CONFERENCES, ONE OF WHICH I RECENTLY ATTENDED.

THEY HAVE PROPRIETARY METHODS TO ENSURE NOISE OUTSIDE OF THE FACILITY IS ABSENT.

FURTHERMORE, THE SPECIFIC ARCHITECT FOR THIS PROJECT IS ALSO A VETERINARY TECHNICIAN WHO SPENT 10 YEARS IN FACILITIES SUCH AS THIS ONE.

UH, SHE IS KEENLY AWARE OF THE DESIGN IMPLICATIONS ON THE STAFF, PET OWNERS, AND THE SURROUNDING AREA.

UH, HERE ARE SOME OTHER PHOTOS FROM THEIR, UH, ARCHIVE.

EXCUSE ME.

ONE MOMENT.

YES.

MINUTE.

THANK YOU.

APPRECIATE IT.

JUST CLOSING THE DOORS.

I APPRECIATE IT.

THANK YOU.

IT'S GONNA BE AT LEAST ONE AS LONG AS IT'S GREAT.

YOU CAN KEEP GOING.

IT'S OKAY.

UH, OKAY.

UM, WE PROPOSE A SMALL EXTERIOR FENCED IN TURF YARD FOR WALKING HOSPITALIZED DOG PATIENTS TO RELIEVE THEMSELVES ONLY.

THIS AREA WOULD BE AWAY FROM PUBLIC STREET VIEW AND IS ON A CURRENTLY PAVED PART ALONG THE SOUTH SIDE OF THE BUILDING.

THE BUILDING INSPECTOR HAS NOTED THAT SINCE THIS PROPOSED RELIEF AREA IS NOT WITHIN THE BUILDING, AN AREA VARIANCE WOULD BE REQUIRED, WHICH WE HAVE FILED WITH THE TOWN, WITH THE HELP OF A LOCAL EXPERIENCED LAW FIRM.

PATIENTS IN THIS AREA WOULD BE ACCOMPANIED BY A STAFF MEMBER AT ALL TIMES.

SIMILAR TO THE PHOTO, THE GRASS TURF IS SELF DRAINING AND IS A SPECIFIC VETERINARY PRODUCT DESIGNED FOR USE AT ANIMAL CARE FACILITIES.

ALL SOLID WASTE IS PICKED UP AND DISPOSED OF PROPERLY.

THE AREA IS CLEANED WITH HOSE WATER AND ENZYMATIC CLEANER, SPECIFICALLY IS USED TO DESIGN, UH, DESIGNED TO ELIMINATE ODOR.

ANY HOSE WATER AND WASTE WATER DRAINS DOWN THROUGH THE SEMI POROUS TURF REMAINS CONTAINED AND IS IMMEDIATELY RETURNED TO THE BUILDING'S PLUMBING SYSTEM.

EVERY 24 7 ANIMAL HOSPITAL THAT I HAVE WORKED AT IN THE PAST 10 YEARS HAS HAD A SYSTEM LIKE THIS.

AND IT IS ESSENTIAL TO OUR FUNCTION AS WELL AS THE SAFETY OF THE STAFF.

AND THE ANIMALS WITHOUT THIS ANIMALS WOULD BE WALKED ALONG THE PERIMETER OF THE BUILDING AND THE PROPERTY, WHICH LIMITED LIMITS OUR ABILITY TO CONTAIN WASTE.

FURTHERMORE, IF A DOG WERE TO GET OFF LEASH AND LOOSE FROM A STAFF MEMBER, WE RISK THAT DOG GETTING HIT BY A CAR ON BUSY CENTRAL AVENUE OR CAUSING A CAR CRASH.

UH, JUST YESTERDAY, AND THIS IS NOT, THIS IS TRUE, UM, I WAS AT A ANIMAL HOSPITAL ON LONG ISLAND WORKING A SHIFT.

UH, THAT ANIMAL HOSPITAL WAS DENIED FOR A FENCED IN AREA BY THAT LOCAL TOWN.

AND THAT HOSPITAL MANAGER INFORMED ME ABOUT A DOG PATIENT THAT TRAGICALLY GOT OFF THE LEASH AND WAS HIT BY A CAR.

UM, THE ENCLOSED FENCED IN AREA WOULD ALSO PROTECT THE SAFETY OF THE STAFF WHO WOULD BE ALLOWING

[01:30:01]

HOSPITALIZED DOGS TO RELIEVE THEMSELVES LATE AT NIGHT, POTENTIALLY, WHERE PASSERSBY COULD POSE A THREAT TO THE STAFF.

NOT THAT I AM SAYING ANYBODY FROM GREENBURG IS A THREAT , BUT YOU NEVER KNOW, UH, COME FROM OTHER PLACES.

WELL, THIS IS A TOUGH TOWN.

DON'T, DON'T SAY THAT.

.

UH, WE ARE NOT A BOARDING FACILITY, UH, FOR HEALTHY ANIMALS.

HOSPITALIZED DOGS RECOVERING FROM SURGERY OR ILLNESS ARE TYPICALLY TOO UNWELL TO BARK.

AND IF THEY ARE WELL ENOUGH TO, THEY TYPICALLY ARE WELL ENOUGH TO GO HOME, UM, NOISE WILL NOT BE A FACTOR.

PART B IN THE CODE STATES THAT ALL OPERATIONS SHALL BE CONDUCTED AND THE STRUCTURE MAINTAINED IN SUCH A MANNER, SUCH THEY'RE NOT OFFENSIVE, OBNOXIOUS, OR DETRIMENTAL TO ADJOINING PROPERTIES BY REASON OF NOISE OR ODORS.

UH, AS I PREVIOUSLY WENT THROUGH, AND I WON'T GO THROUGH, UH, AGAIN, BUT, UH, WE HAVE EXPERT DESIGNERS ON A PLAN TO ENSURE THE CLEANLINESS OF THE PROPERTY BOTH INTERIOR AND EXTERIOR.

AND C PERMITTED OPERATIONS SHALL NOT INCLUDE THE BOARDING OF ANIMALS OR THE OPERATION OF A KENNEL, EXCEPT THAT THE BOARDING OF ANIMALS RELATED TO A COURSE OF MEDICAL TREATMENT SHALL BE PERMITTED DURING THE PERIOD OF SUCH TREATMENT.

PLEASE NOTE THAT OUR INTENDED USE IS NOT A BOARDING FACILITY OR A KENNEL, AND THEREFORE THE USE CONFORMS TO THE CODE BECAUSE ALL ANIMALS HOUSED IN THIS FACILITY WILL BE RECEIVING MEDICAL TREATMENT.

UM, IN ADDITION, AS YOU ARE AWARE, THERE ARE FIVE CRITERIA FOR THE SPECIAL PERMIT, UH, ACCORDING TO THE CODE, UH, TO WHICH OUR USE CONFORMS. UH, THE GENERAL STANDARDS, ONE BEING THAT EACH SPECIAL PERMIT USE SHALL BE REASONABLY NECESSARY FOR THE PUBLIC HEALTH OR GENERAL INTEREST OR WELFARE.

UM, I'M HOPEFUL THAT WE CAN ALL AGREE THAT AN ANIMAL HOSPITAL IS IN GENERAL INTEREST OF THE PUBLIC AND PET OWNERS IN THE COMMUNITY.

AND VETERINARY FACILITIES ALSO PROMOTE PUBLIC HEALTH IN THAT SOME ANIMAL DISEASES ARE COMMUNICABLE TO PEOPLE.

UM, TWO, EACH SPECIAL PERMIT SHALL BE, UH, SHALL EACH SPECIAL PERMIT USED SHALL BE OF SUCH CHARACTER, INTENSITY, SIZE, AND LOCATION.

THAT IN GENERAL, IT'LL BE IN HARMONY WITH THE ORDERLY DEVELOPMENT OF THE DISTRICT IN WHICH THE PROPERTY CONCERNED IS SITUATED AND WILL NOT BE DETRIMENTAL TO THE ORDERLY DEVELOPMENT OF ADJACENT DISTRICTS.

UH, THE USE WILL NOT ALTER THE FOOTPRINT OF THE PREEXISTING BUILDING AND WILL NOT AFFECT, NOT NEGATIVELY IMPACT THE DISTRICT.

THE LOCATION IS ON A BUSY PUBLIC ROAD, UM, WHICH SUITS AN EMERGENCY ANIMAL HOSPITAL AND THE USE WILL NOT BE A, UH, DETRIMENTAL TO ADJACENT DISTRICTS.

THREE.

UH, EACH SPECIAL PERMIT USE SHALL BE LOCATED IN ORDER TO ADEQUATE, UH, BE ADEQUATELY SERVICED BY TRANSPORTATION FACILITIES, WATER SUPPLY, WASTE DISPOSAL, FIRE AND POLICE PROTECTION, AND SIMILAR SERVICES.

UM, ALL OF THE AFOREMENTIONED SERVICES PREVIOUSLY LOCATED, UH, SERVICE THIS LOCATION PREVIOUSLY WITHOUT ISSUE.

UH, VEHICULAR TRAFFIC WILL LIKELY BE LESS THAN THE PRE-EXISTING RESTAURANT, ALTHOUGH I HOPE FOR A HIGHER CASELOAD , UM, AND WILL PRIMARILY CONSIST OF PET OWNER AND EMPLOYEE PERSONAL VEHICLES.

DELIVERY TRUCK ACCESS IS NOT IMPAIRED.

ROUTINE AND MEDICAL WASTE WILL BE REMOVED BY THE APPROPRIATE SERVICES.

THE FIRE CHIEF HAS REVIEWED OUR PLANS AND HAS NO ISSUE WITH OUR USE SO LONG AS WE CONFORM TO, UM, REMOVING OF WASTE AS WE WILL.

FOUR, UH, EACH SPECIAL PERMIT USE SOUGHT, WHICH ADJOINS OR ABUTS A RESIDENCE DISTRICT SHALL BE SO LOCATED IN THE LOT INVOLVED THAT IT SHALL NOT IMPAIR THE USE ENJOYMENT AND VALUE OF ADJACENT RESIDENTIAL PROPERTIES.

UH, THE EAST SIDE OF THE PROPERTY ABUTS A RESIDENTIAL AREA.

HOWEVER, THE ANIMAL HOSPITAL IS LOCATED WELL AWAY OR THE CURRENT RESTAURANT, UH, WELL AWAY FROM THE RESIDENTIAL AREA ON THE WEST SIDE OF THE PROPERTY.

THE ANIMAL HOSPITAL WILL BE QUIET AND WILL CARE FOR ILL ANIMALS.

FIVE EACH.

SPECIAL PERMIT USE SHALL NOT CREATE PEDESTRIAN OR VEHICULAR TRAFFIC HAZARDS BECAUSE OF ITS LOCATION IN RELATION TO SIMILAR USES, NECESSITY OF TURNING MOVEMENTS IN RELATION TO ITS ACCESS TO PUBLIC ROADS AND INTERSECTIONS, OR ITS LOCATION IN RELATION TO OTHER BUILDINGS OR PROPOSED BUILDINGS ON OR NEAR THE SITE AND THE TRAFFIC PATTERNS FROM SUCH BUILDINGS.

THE USE WILL NOT CREATE ANY PEDESTRIAN OR TRAFFIC HAZARDS.

UH, THERE IS A TRAFFIC LIGHT IN CLOSE PROXIMITY TO THE PROPERTY AND THERE IS A LEFT AND RIGHT TURNING LANE TO ACCESS THE PROPERTY.

UM, AND APPARENTLY I WROTE FIVE, BUT THERE ARE IN FACT SIX.

UM, EACH SPECIAL PERMIT USED SHALL NOT INCLUDE THE DISPLAY OF SIGNS, NOISE, FUMES, OR LIGHTS THAT WILL HINDER NORMAL DEVELOPMENT OF THE DISTRICT OR IMPAIR THE USE ENJOYMENT AND VALUE OF ADJACENT LAND AND BUILDINGS.

UH, THE SIGNAGE WILL BE SIMILAR TO THAT OF BEN'S DELI AS I SHOWED IN MY INITIAL PICTURE.

UM, YOU ALSO HAVE, I'M SORRY, UH, IN YOUR PLANS, UM, UH, CHANGES THAT WILL BE MADE, BUT THEY ARE SIMILAR TO THE SIGNS THAT BEN'S DELI HAD.

UH, THE ANIMAL HOSPITAL WILL BE QUIET, UH, AGAIN, NOT A BOARDING FACILITY.

AND ANIMALS WILL, UM, STAFF MEMBERS WILL ENSURE CLEANLINESS.

UM, I JUST WANTED TO, I JUST HAD AN ADDITIONAL, UH, YOU HAVE THESE PLANS, BUT THIS IS THE ANIMAL HOSPITAL ON THE FIRST FLOOR.

THE DOG WALK AREA, UM, OR PET RELIEF AREA IS ON THE TOP PART.

IF I ZOOM IN ON THAT IN PARTICULAR.

UM, THERE IS AN AREA FOR STAFF MEMBERS TO TAKE PETS OUTSIDE.

IT IS

[01:35:01]

ENTIRELY ENCLOSED THIS FENCE THAT IS ON THE NORTH SIDE OF THIS, UM, DRAWING, ALTHOUGH ON THE SOUTH SIDE OF THE ACTUAL LOT, UM, THAT, THAT, THAT FENCE IS PREEXISTING.

SO ALL WE'RE DOING WOULD BE ADDING A FENCE AT THE FAR END TO JUST KEEP IT ENTIRELY ENCLOSED.

WHAT, WHAT KIND OF FENCE? IS IT CURRENTLY CHANGING LIGHT? CORRECT? I THINK IT MIGHT HAVE THE, UH, LIKE PLASTIC PANELS IN BETWEEN.

OKAY.

YEAH.

YEAH.

UH, WE WOULD UPDATE THAT FOR AESTHETICS MOST LIKELY.

UM, BUT YOU WOULD HAVE SOME KIND OF SOLID VAN, THE FENCE, IT WOULDN'T JUST BE THE RUN WOULD JUST BE CHAIN OPEN, CHAIN LINK LIQUID.

NO, IT WOULD NOT.

LIKE IN THIS PHOTO, IT'S OPEN CHAIN LINK.

THE PHOTO THAT I HAVE RIGHT NOW OPEN IS AT A HOSPITAL THAT I'VE WORKED AT FOR FOUR YEARS AND IT IS IN BROOKLYN AND IS ON THE ROOF.

SO THERE IS NO ABUTTING PROPERTY.

UM, I THINK THAT THAT SHOWS A BETTER WAY.

YEAH.

RIGHT.

UM, IT WAS MORE SO TO SHOW YOU THIS PICTURE.

AND THIS PICTURE WAS ALSO SUBMITTED TO THE ZONING BOARD WHERE THERE IS A, THAT IS MY DOG BY THE WAY.

UM, WHERE THERE IS A, UH, FENCE, UH, SORRY.

UH, A TOTALLY ENCLOSED THE TURF DRAINS UNDERNEATH TO AN ENCLOSED AREA, WHICH IS FLUSHED BY, UH, HOSE WATER.

YEAH.

AND, UH, IT, IT REALLY DOESN'T EVER SMELL.

WERE YOU SURE? EARLIER IN A RUN, WHICH I THOUGHT WAS INTERESTING AND MAYBE YOU HAD A QUESTION.

TWO.

YES.

JUST HERE ONE SECOND.

IS IT GONNA BE MORE LIKE THAT THAN, THAN WHAT WAS IN BROOKLYN? LIKE HERE WE WOULD HAVE SUN SHADES AND IT'S ACTUALLY LOOKS LIKE A SOLID WALL ON BOTH SIDES.

UH, I HAVEN'T BEEN BACK AT THE PROPERTY IN A, IN A WHILE, BUT I DO BELIEVE THAT THERE'S SOME, UH, AWNING OR, OR SOME DEGREE OF SHADE COVERING.

OKAY.

UM, THAT IS SOMETHING THAT WE COULD CERTAINLY INVESTIGATE.

I'M JUST, I'M JUST CONCERNED MORE ABOUT SOUND BAFFLING THAN ANYTHING ELSE ABOUT SOUND.

YEAH.

IF SOMEBODY GOES OUT, I, I KNOW WHAT YOU SAID, DOGS DON'T BARK AT NIGHT NIGHT, BUT, YOU KNOW, SIT DARK AND WHIMPER TO, TO A SCREEN.

PROBABLY NOT.

OKAY.

COULD HAPPEN.

I JUST DIDN'T KNOW IF THAT'S WHY I ASKED IF IT'S OPEN OR ARE, IF IT HAD A SOLID WALL THAT THAT'S ALL I'M ASKING.

UM, THE, IT IS, IT ABUTS THE BUILDING.

SO THERE'S THE SOLID WALL THERE AND THEN THERE'S THE CHAIN LINK FENCE ON ONE SIDE AND THEN ON TOP.

I WOULD HAVE TO DOUBLE CHECK.

I GUESS WHAT I'M WONDERING IF YOU, IF YOU WOULD PUT SOME KIND, IF YOU'D BE WILLING TO PUT SOME KIND OF BAFFLING ON THE CHAIN CHAIN LINK FENCE.

UM, I SUP I, I'M NOT FAMILIAR WITH BAFFLING, UM, BUT WHATEVER YOU SUGGEST, I THINK I WILL TAKE TO MY ARCHITECTS SOUTH OF THAT PROPERTY.

IT'S SOUTH OF THE PROPERTY.

IT'S, IT'S CURRY CHEVROLET.

YOU KNOW, THAT'S AT THE PROPERTY.

THE RESIDENTIAL, IT'S A RESIDENTIAL.

THE EAST? NO, THAT'S EAST.

THAT'S EAST.

QUITE FAR EAST.

BUT THIS, THIS IS FAR AWAY FROM THE RESIDENTIAL AREA AND THE NEAREST PROPERTY IS CURRY CHEVROLET.

CAN, CAN, I DON'T THINK WE HAVE TO WORRY ABOUT LUMPING DOGS BOTHER.

CAN YOU IDENTIFY ON, THEY HAVE CUSTOMERS THERE TOO, YOU KNOW.

SO CAN YOU IDENTIFY ON THIS DRAWING WITH MAYBE WITH THE CURSOR WHERE THE FENCED IN AREA IS? YEAH, THAT WOULD GOOD.

UH, IT IS RIGHT HERE.

IT'S ACTUALLY, I, MY ARCHITECT ACTUALLY PUT IN DOG WALK RIGHT HERE ON THE SOUTH SIDE OF THE BUILDING.

OH, SO RESIDENTIAL, THE RESIDENTIAL AREA IS, IS OVER HERE AS FAR AS IT COULD POSSIBLY BE, RIGHT? PROBABLY A FEW HUNDRED FEET EASILY.

UH, IT'S EASY.

IT'S AN EASY EIGHT IRON FOR SURE.

I MIGHT BE ABLE TO ADDRESS ALL OF THESE POINTS IN ONE SHOT.

SO, UM, MY POINT WAS TO, WHEN YOU WERE SHOWING THE IMAGE BEFORE ABOUT THE ONE THE, UH, ENCLOSED DOG RUN WITH, WELL PARTIALLY ENCLOSED DOG RUN WITH THE SUNSHADES, YOU KNOW, IN THIS INSTANCE I THINK YOU'D ONLY NEED ONE VARIANCE FOR THE, UM, DOG RUN, WHICH WOULDN'T BE ENCLOSED.

BUT SEEING SOMETHING LIKE THAT, IT ALMOST SEEMS POSSIBLE YOU COULD AVOID A VARIANCE ALTOGETHER BY SOME KIND OF, I'M ANY DIFFERENT FROM A SCREEN SCREEN PORCH, LIKE A SCREENED PORCH WITH WINDOWS.

AND ESPECIALLY IF YOU'RE USING DRAINAGE OR A SCREEN PORCH IN GREENBERG.

'CAUSE I KNOW I HAD TO LEGALIZE MINE.

A SCREEN PORCH IS CONSIDERED ENCLOSED AREA.

THAT'S WHAT I MEAN.

SO YOU WOULD BE ABLE TO AVOID THE VARIANCE ENTIRELY.

WELL, IF YOU PUT A ROOF IS WHAT YOU'RE SAYING ON THAT, WE AWNING EVEN, UH, I WISH YOU HAD TOLD ME THIS LAST WEEK BEFORE I SPENT MONEY ON THE ATTORNEY, BUT I, UH, UM, I I, I APPRECIATE THAT AND WILL VERY MUCH SO LOOK INTO IT.

GOOD CATCH MY FRIEND.

WELL, I MEAN, LOOKING AT THIS IMAGE, IT REALLY, IT'S, IT'S CLOSE TO FULLY ENCLOSED.

YEAH.

YOU COULD REVIEW THAT POTENTIAL WITH THE BUILDING INSPECTOR.

WITH THE BUILDING INSPECTOR DIRECTLY.

YEAH.

MM-HMM.

.

SO LIKE SOME SORT OF AWNING OR SOMETHING? I MEAN THE, THE AREA WE'RE NOT SURE WHAT IT WOULD TAKE.

YOU MAY HAVE TO, WHAT YOU MAY HAVE TO DO IS IT WOULD BE LIKE A PORCH.

I'M THINKING YOU HAVE TO DO LIKE A SCREEN PORCH.

SO YOU MAY HAVE TO JUST PUT SOME SCREEN.

SO IT LOOKS LIKE IT'S, IT'S TECHNICALLY CONTIGUOUS WITH THE WALL, RIGHT? CORRECT.

UM, LET, LET ME BACK UP ON THIS JUST MOMENTARILY.

SURE.

PURSUANT TO THE CODE, ALL OPERATIONS, INCLUDING RUNWAYS, SHALL BE WITHIN A TOTALLY ENCLOSED, FULLY SOUNDPROOFED OH, OKAY.

MECHANICALLY VENTILATED OR AIR CONDITIONING BUILDING.

SO YEAH, YOU HAD TO THAT EARLIER.

YEAH.

SO YOU CAN CHECK, BUT I THINK YOU'RE PROBABLY GONNA END UP NEEDING THE VARIANCE UNLESS YOU FULLY SOUNDPROOF THE SOUNDPROOF THEN IT'S REALLY CLOSED.

IT'S NOT OUTSIDE.

AND I, SO I THINK YOU

[01:40:01]

PROBABLY DIDN'T WASTE THE MONEY.

UM, ONE OF THE POINTS THAT WE HAVE, AND WE'LL BE ADDRESSING THIS, HIRING A LAWYER, RIGHT? I'M SORRY, JUST GO AHEAD.

UH, UH, AND WE'LL BE ADDRESSING THIS WITH THE ZONING BOARD IS THAT ANIMALS AND SPECIFICALLY CATS WILL NOT BE GOING OUTSIDE OBVIOUSLY, BUT DOGS, THEIR NATURAL BEHAVIORS DO BE OUTSIDE AND SO TO, AND TO USE, YOU KNOW, TO GO TO THE BATHROOM OUTSIDE.

SO, UM, I THINK THAT, YOU KNOW, IN CLOSINGS IT IS, ALTHOUGH, YOU KNOW, SHIELDING THE STAFF MEMBERS FROM RAIN AND THINGS, I THINK PUTTING IN AN AWNING, BUT, BUT IT WON'T BE SOUNDPROOF, SO.

YEAH, I UNDERSTAND.

I UNDERSTAND.

I, I I APPRECIATE THE SUGGESTION BECAUSE IT WOULD, UH, HAVE BEEN GREAT, BUT YEAH, I UNDERSTAND.

AND YOU FILED IN TIME, SO YOU ANTICIPATE BEING ON THE ZONING BOARD'S AUGUST MEETING? THAT'S CORRECT.

OKAY.

YEAH, IT WAS JUST WANTED THE BOARD TO UNDERSTAND THAT.

OKAY.

YES.

SO, UH, WE FILED THIS MONDAY, WHICH WAS THE DEADLINE, IT WAS RECEIVED BY THE TOWN.

IS THERE MEETING ON THE EIGHTH? NO, IT'S, UH, MID-AUGUST.

OKAY.

BUT IT'S AFTER OUR MEETING.

IT'S AFTER OUR MEETING ALSO.

IT GIVES US A TIME TO MAKE A RECOMMENDATION TO THE ZONING COURT THEN.

YEAH, YOU, I MEAN YOU CAN TALK ABOUT IT DO NEXT.

MAYBE TONIGHT.

WE MAY DO THAT.

SEE THERE'S TYPE TWO.

YEAH, I KNOW WE STILL HAVE DO IT.

YEAH, YOU DO.

I HAVE BUILDING DEPARTMENT.

OH, I'M SORRY.

SORRY.

I HAVE LIKE ONE PARAGRAPH AND THEN I'M ALL SET.

OKAY.

OKAY.

GO AHEAD.

FINISH.

I APPRECIATE YOU VERY WELL PREPARED.

YOU'RE DOING WONDERFULLY.

OH, THAT, I APPRECIATE THAT YOU'RE DOING THE WRONG POSITION.

YOU KNOW, YOU SHOULD TAKE THE LAWYER'S PLACE AND, YOU KNOW, GIVE UP VETERINARY .

I, I DO KNOW A FEW DV M JDS, BUT, UH, I'VE BEEN THROUGH ENOUGH SCHOOL.

THANK YOU VERY MUCH.

BUT, UM, IN ADDITION, AS YOU MENTIONED, UH, MR. CHAIRMAN, THE SEVEN 18 CENTRAL PARK AVENUE HAS BEEN VACANT SINCE AUGUST, 2021.

UH, WE PROPOSE A USE THAT CONFORMS TO THE TOWN CODE AND SPECIAL USE PERMIT REQUIREMENTS.

FURTHERMORE, UH, THE USE WILL BE BENEFICIAL TO THE SURROUNDING COMMUNITY OF ANIMAL OWNERS.

UH, IT IS MY SINCERE HOPE THAT THE PLANNING BOARD OF VIEWS ARE APPLICATION AS NOT ONLY SUITABLE, BUT AN EXCELLENT USE OF THE PROPERTY AND EXTENDS A POSITIVE RECOMMENDATION TO THE ZONING BOARD REGARDING APPROVAL OF THE VARIANCE.

UM, I JUST WANTED TO THANK GARRETT AND MATT FOR THEIR HELP ON THIS APPLICATION.

UH, MATT HAS RESPONDED TO MANY AN EMAIL FROM ME, UM, AND THE OTHER TOWN DEPARTMENTS FOR PROMPTLY REVIEWING THE APPLICATION AS WELL AS YOUR TIME.

SO THANK YOU.

THANK YOU SO MUCH.

DID YOU HAVE SOMETHING ELSE? UM, I JUST WANTED TO CONFIRM.

THE BUILDING DEPARTMENT ISSUED A MEMO ON THE, UH, VARIANCE.

YES, IT DID, RIGHT? YEAH.

YES.

YES.

ALRIGHT, LET ME, THAT ALLOWED THEM TO FILE FOR THE ZONING.

I HAVE A BLACK FOR ISSUE.

GO AHEAD.

IS THERE, UM, A MAXIMUM NUMBER OF DAYS THAT A PET WOULD STAY FOR MEDICAL NEEDS BEFORE IT'S CONSIDERED BOARDING? UH, NO.

SO THEY COULD STAY AS LONG AS NEEDED FOR WHATEVER.

I THINK THAT DEPENDS ON THE ILLNESS AND ITS DURATION.

UM, I'VE HAD CERTAIN ANIMALS THAT ARE THERE FOR WEEKS BEING TREATED, BUT, UM, IT REALLY DEPENDS ON THEIR, UM, THEIR ILLNESS.

UM, I, I USUALLY ONLY HAVE SAD STORIES, SO, YOU KNOW, I MEAN, UM, MOST RECENTLY IN BROOKLYN WE TOOK CARE OF AN ANIMAL THAT WAS ABANDONED AND WAS EMACIATED AND THAT DOG WAS BEING SLOWLY FED OVER A PERIOD OF ABOUT THREE TO FOUR WEEKS AND THEN MADE A FULL RECOVERY.

UM, BUT THAT DOG WAS QUIET, UM, BUT ENDED UP GETTING OUT, ADOPTED TO A NEW HOME.

COOL.

OTHER QUESTIONS TO THE BOARD? NO, I, A COMMENT, I THINK IT WOULD BE AN AWESOME BUSINESS TO HAVE.

I DON'T HAVE A PET.

I WISH I DID, BUT THERE ARE REASONS FOR THAT.

UM, BUT IT SOUNDS LIKE A FACILITY THAT WOULD DRAW PEOPLE FROM A LOT OF OTHER PLACES TO COME TO GREENBERG FOR VERY GOOD REASON.

SOUNDS LIKE AN AWESOME SERVICE.

UH, I CAN TELL YOU WHAT, MY, MY DAUGHTER ADOPTED A DOG, UH, HALF PIT BULL AND HALF BOXER.

AND WHO'S, HE'S BEING TRAINED AS A, UH, AS A SERVICE DOG ACTUALLY BY HER.

AND HE HAD AN EPILEPTIC SEIZURE IN THE MIDDLE OF THE NIGHT.

COULDN'T FIND, COULDN'T FIND A VET.

SHE'S UP IN ROCHESTER.

OUTSIDE OF ROCHESTER.

YEAH.

AND, AND, UH, COULDN'T FIND A, COULDN'T GET INTO THE EMERGENCY ROOM UP THERE.

AND ALL WE HAVE IS WE HAVE THAT ONE, NOT AS, NOT AS, AS THERE, THERE IS A URGENT CARE FACILITY IN WHITE PLAINS.

RIGHT.

WHICH IS EQUIVALENT WHAT I WOULD SAY TO A CITY MD KIND OF URGENT CARE CENTER.

RIGHT? RIGHT.

UM, THEY DO NOT EMPLOY, EXCEPT FOR THEIR MEDICAL DIRECTOR.

HE IS A BOARD CERTIFIED SPECIALIST, BUT, UM, THEY DO NOT USUALLY HAVE SURGERY, INTERNAL MEDICINE.

RIGHT.

OTHER, UH, CT ENDOSCOPY, THINGS LIKE THAT.

I THINK I'VE BEEN BY THE ONE IN STANFORD.

IT'S, IT'S OUT BY HARBOR POINT, I THINK.

'CAUSE I'VE SEEN THEM WALK IN THE DOCK.

I THINK THEY'VE SEEN THEM WALKING THE DOGS OUTSIDE ACTUALLY ON THE, ON THE SIDEWALK.

THE WALK THE DOGS.

SHOULD WE TALK ABOUT THE, UM, I, I, I ASK SOME QUESTIONS, MICHAEL, ABOUT THE RECOMMENDATION OR SHOULD WE TALK ABOUT THE PET? MICHAEL? MICHAEL.

MICHAEL.

CAN, CAN I FINISH MY, THANK YOU VERY MUCH.

I THOUGHT YOU WERE TALKING ABOUT YOUR PETS.

NO, I WAS ASKING A QUESTION.

DIDN'T REALIZE.

YOU DO.

THANK YOU.

OKAY.

UM, I THINK WE'VE TALKED ABOUT THE OUTSIDE THING AND I, I THINK WE, WE, YOU'RE NOT DOING ANYTHING TO THE LIGHTING ON THE FACILITY.

ARE YOU CHANGING THE OUTSIDE LIGHTING, THE PARKING LIGHTING OR ANYTHING LIKE THAT? UH, NOT THE PARKING LIGHTING.

NO.

IT IS.

OKAY.

SO THAT WOULD BE THE SAME.

CORRECT.

[01:45:01]

OKAY.

AND AND IT'S 24 7 OBVIOUSLY.

YES.

UM, YOU SAID SOMETHING BEFORE, AND I KNOW YOU SAID IT WAS PROPRIETARY, BUT HOW DO YOU KEEP THE NOISE OUT OF THE OUTSIDE? WHAT DID YOU MEAN BY THAT? UH, THERE ARE CERTAIN SOUND DEADENING TECHNOLOGY THAT IS USED, UH, BY THE, UH, ARCHITECTS IN TERMS OF, UM, FLOORING, WHICH IS VERY GOOD AT SOUND DEADENING.

CERTAIN CEILING TILES ARE VERY GOOD FOR SOUND DING.

UM, AND, UH, THE BUILDING IS ENTIRELY ENCLOSED AND THE WINDOWS AREN'T OPEN.

BUT THE ARCHITECTS, UM, WITH KNOWLEDGE THAT IT FAR EXCEEDS MY EXPERTISE, UM, SPECIFICALLY DESIGN THESE FACILITIES SO THAT THEY ARE NOT LOUD.

THAT ALSO BEING SAID, FOR MYSELF AS A ICU SPECIALIST, I DON'T WANT IT TO BE LOUD.

AND SO I DON'T WANT MY STAFF MEMBERS TO HAVE ANYTHING, YOU KNOW, WITH, UH, I DON'T WANT MY EARS TO RING.

SO, UM, IT IS, IT, IT WILL INHERENTLY BE A QUIET PLACE BECAUSE OF HOW IT IS DESIGNED.

OKAY.

LAST QUESTION I HAVE IS ABOUT DELIVERIES.

YES.

HOW MANY DELIVERIES DO YOU GET? WHAT IS THE TIMING OF THE DELIVERIES? YEP.

UM, I WOULD ANTICIPATE, YOU KNOW, A FEW A WEEK IN TERMS OF UH, EQUIPMENT, MEDICAL SUPPLIES.

UH, FOOD WASTE IS A WASTE TOO THAT COMES OUT.

WASTE IS ALSO REMOVED, WHICH IS ROUTINE GARBAGE AS WELL AS MEDICAL WASTE SUCH AS SHARPS.

UM, AND ALSO USUALLY TWO TO THREE TIMES A WEEK A TRUCK FOR, UH, THE CREAM AND TOMORROW.

AND WHEN DO THE THOSE TYPICALLY SHOW UP AT, AT YOUR FACILITY? DURING THE DAY.

OKAY.

SO IT'S NOT LIKE EARLY MORNING OR LATE AT NIGHT? NO, UM, IT'S DURING NOR NOR LIKE ROUTINE.

UM, LOCAL DELIVERY HOURS SUCH AS A UPS.

OKAY.

ANYBODY ELSE HAVE ANY QUESTIONS? OKAY, WE'LL ENTERTAIN MO A DISCUSSION ON, ON WHAT WE SHOULD DO.

FIRST OF ALL, I WANT TO DO SEEKER HAVE A MOTION TO DECLARE TYPE TWO ACTION UNDER SEEKER I TO, SO HOLD SECOND.

YES.

UH, SECOND IS, IS TOM ALL IN FAVOR? AYE.

AYE.

ALL OPPOSED.

OKAY.

THAT ALLOWS YOU TO GET A DECISION NOW.

'CAUSE YOU ALL, THAT IS A PROCEDURAL THING THAT HAS TO BE TO GET DECISION.

OKAY.

LET'S DISCUSS THIS.

WE HAVE HAVE OBVIOUSLY THREE OPTIONS HERE.

I KNOW WHERE I'M AT.

I'LL GO AROUND THE ROOM AS TO STARTING WITH YOU.

JOHAN, WHAT IS YOUR FEELING OF HOW, WHAT WOULD SHE RECOMMEND TO THE TOWN BOARD? TO THE ZONING BOARD? ZONING BOARD CONSISTENT WITH WHAT WE DECIDED AS A BOARD OR WOULD'VE TO BE NEUTRAL.

OKAY.

ASIA NEUTRAL.

I AGREE.

YES.

NEUTRAL.

MICHAEL? I'M INCLINED TO A POSITIVE.

I MEAN, IT, IT'S A GOOD, IT'S A GOOD, YOU KNOW, USE FOR THE SITE.

THE OUTDOOR WALKING SPACE IS IMPORTANT.

IT IS ENVIRONMENTALLY, ACCORDING TO THE APPLICANT, SOUND, YOU KNOW, IT'S FLUSH WITH WATER, SO ON AND SO ON AND SO FORTH.

IT'S A SIGNIFICANT DISTANCE FROM, UH, THE RESIDENTIAL AREA.

THE ONLY THING IT'S CLOSE TO IS, YOU KNOW, THE AUTOMOBILE DEALERSHIP.

AND, UM, YOU KNOW, BASED ON THE APPLICANT'S REPRESENTATIONS, THERE SHOULD BE MINIMAL OF DISTURBANCE EVEN WHEN IT'S USED.

SO FAIR.

I'M INCLINED TOWARD POSITIVE.

OKAY.

AND, AND TOM, I FEEL POSITIVE ABOUT IT, BUT I WANT TO REVISIT WITH JOHANN OUR CRITERIA.

YOU KNOW, I WAS THINKING THE SAME THING.

WE NEED, WE NEED A LIST HERE WHEN WE TALK ABOUT LIKE A CHECKLIST.

MM-HMM.

OFF THE TOP OF MY HEAD, I, I DON'T REMEMBER THE CRITERIA.

WHAT WE DECIDED ON WAS TO BE CONSISTENT AND IF THERE WERE GOING TO BE, YOU KNOW, LIKE ADDITIONAL ENHANCEMENTS TO THE AREA OR SOMETHING TO THAT EFFECT, THAT IT WOULD BE POSITIVE.

DID YOU HAVE SPECIFIC I THINK I CAN HELP A LITTLE BIT.

SO, UM, IT WAS SUPPOSED TO BE THAT GIVEN THAT THE ZONING BOARD REVIEWS VARIANCES, UH, FROM THEIR STANDARDS, NOT FROM PLANNING STANDARDS.

OKAY.

THAT GENERALLY, UH, THE PLANNING BOARD WOULD LIKELY ISSUE NEUTRAL RECOMMENDATIONS UNLESS THERE WAS AN OVERWHELMING REASON TO GO POSITIVE OR NEGATIVE.

WELL COMPELLING.

UM, AND ASSOCIATED WITH PLANNING, UH, PLANNING OBJECTIVES FOR PLANNING REASONS.

RIGHT, RIGHT.

SO, UM, THAT'S, THAT'S VERY HELPFUL VARIANCES AND IT FALLS IN THEIR PURVIEW, UH, FOR THE ZONING BOARD THEN IT'S, YOU'RE STILL IN, IT'S THEIR CALL.

SO YEAH.

STILL NEUTRAL.

LET ME, LET ME ASK YOU SOMETHING.

IF YOU CAN'T GET THIS OUTSIDE WALK, WHAT ARE YOU GONNA DO? FAIR QUESTION.

UH, WE'VE CONSIDERED THAT QUESTION AND I THINK THAT IT'D BE SIMILAR TO WHAT THE CHAIR CHAIRMAN SAID ABOUT WALKING DOGS OUTSIDE.

UM, NOT ENCLOSED IN A SAFER AREA.

UM, THE LAST THING THAT I'D LIKE TO DO IS SET UP AN INDOOR WALK AREA, WHICH I THINK WILL BE DETRIMENTAL TO MY EMPLOYEES AND THE, THE ANIMALS THAT WE'RE CARING FOR.

UM, SO I THINK THAT WE WOULD WALK ANIMALS OUTSIDE AS ANYBODY WOULD BE WALKING THEIR DOG ON THE, ON THE STREET KIND OF THING.

THAT'S EXACTLY WHY I ASKED ABOUT STANFORD.

'CAUSE I SAW, I SAW THE DOGS WALKING OUTSIDE WHEN I WAS AT THE STANFORD FACILITY.

RIGHT.

I I'M INCLINED TO AGREE WITH MICHAEL AND MICHAEL ON THIS

[01:50:01]

ONE.

UM, AND I'LL TELL YOU WHY.

AND, AND I'LL SEE IF I CAN GET THAT.

I DON'T THINK THIS, I THINK THIS FACILITY WORKS SO MUCH BETTER BECAUSE OF THE OUTSIDE.

AND I BY THE WAY, CAN ASK THESE GUYS, I HATE THIS IDEA.

I HATE DOING THIS OUTSIDE.

WHATEVER.

YOU'VE HEARD ME THE LAST FEW DAYS, OKAY.

ABOUT THIS.

YOU CONVINCED ME OTHERWISE TONIGHT.

SO YOU DID A GREAT JOB OF DOING THAT.

OKAY.

UM, I CANNOT FULLY UNDERSTAND BEING A PET OWNER MYSELF, WHY YOU'D WANT TO DO THAT.

THAT'S THE NATURAL WAY OF GOING.

AND YOU WANT THEM TO BE GOING AT LIKELY SO THEY'RE READY TO GO HOME.

THAT'S WHAT YOU'RE TRYING TO DO.

GET THEM READY TO GO HOME.

SO FOR THAT REASON ALONE, IT MAKES SENSE.

SECOND OF ALL, THE ALTERNATIVE IS WORSE FOR THE REASONS YOU STATED, GIVEN THAT I THINK IT'S INTEGRAL TO THIS BUSINESS.

I THINK WE COULD, WE SHOULD MAKE A POSITIVE RECOMMENDATION.

THAT'S, THAT'S MY, MY FEELING AT THIS POINT.

SO WHERE ARE WE NOW? YEAH, QUICK QUESTION THEN JUST TO, FOR THE RECORD AND TO CONFIRM YES MA'AM.

THAT, UM, IF WE DID GIVE A NEUTRAL RECOMMENDATION, THAT WOULD NOT IMPEDE IN ANY WAY ON THE ZONING BOARD GIVING THEM, UM, THE, THE VARIANCE.

CORRECT.

THAT'S TRUE.

BUT, BUT IF THAT'S THE CASE, MAYBE WE SHOULD NEVER OPINE AT ALL IN THIS PARTICULAR CASE.

I FEEL STRONGLY ENOUGH ABOUT THIS AND IT WAS JUST THE OTHER WAY EARLIER YOU CAN ASK HIM.

OKAY.

OKAY.

WELL BEFORE FOUR O'CLOCK THIS AFTERNOON, I WOULDN'T BE SAYING WHAT I'M SAYING NOW.

OKAY.

BASED UPON MY APPLICATION, YOU'RE IN THE WRONG BUSINESS.

I'M TELLING YOU SIR, YOU'RE IN THE WRONG BUSINESS.

YOU'RE VERY GOOD AT WHAT YOU DO.

THANK YOU.

I'M SURE.

UM, BUT I, I BELIEVE THIS IS AN, AN IMPORTANT ADDITION TO THE COMMUNITY.

I BELIEVE THERE'S A DEFINITE NEED FOR IT.

IT'S A, A, UH, LOCATION FROM A PLANNING POINT OF VIEW WHERE WE HAVE BEEN VACANT NOW FOR HOW MANY YEARS WAS IT? THREE YEARS.

IT'S BEEN SINCE AUGUST 20, 21.

2021 WHEN VENS CLOSED.

MM-HMM.

.

AND WE'VE HAD ALREADY ONE FAILED APPLICATION FOR THAT.

SO FROM, FROM ALL FROM A UTILIZATION, A LAND UTILIZATION POINT OF VIEW, OUR PLANNING POINT OF VIEW, THAT'S NOT A GOOD THING.

AND WE DON'T HAVE PEOPLE LINED UP, RESTAURANTS LINED UP TO TAKE IT.

'CAUSE WE'VE GOT WHAT, FOUR OR FIVE VACANT, UH, UH, SPACES FOR RESTAURANTS CURRENTLY ON CENTRAL AVENUE.

AND THE FAILURE RATE ON CENTRAL AVENUE IS VERY HIGH.

SO FROM A PLANNING POINT OF VIEW, I THINK WE NEED TO, WE SHOULD BE SUPPORTING THAT BUSINESS.

AND I WOULD TAKE IT FROM, FROM THAT PERSPECTIVE.

AND I DO THINK IT'S AN, I CAN UNDERSTAND WHY IT'S AN INTEGRAL PART OF THIS BUSINESS.

LET'S TAKE A STROKE.

DO YOU WANNA TAKE A STRAW? YEP.

YEAH.

ALL IN FAVOR OF POSITIVE.

ALL OPPOSED, IS THIS A STRAW POLL? STRAW POLL, STRAW POLL.

ALL OPPOSED TO POSITIVE? NO.

.

I LEARNED THAT FROM FINN M YEARS AGO.

.

SO, SO, SO LISTEN, I, THE, THE NEUTRAL RECOMMENDATION DOESN'T, DOESN'T STATE OR DOESN'T GIVE NECESSARILY A NEGATIVE CONNOTATION ON THE BUSINESS.

WE ESTABLISH THESE PROTOCOLS FOR GOOD REASON.

AND THIS FALLS WITHIN THE, UH, CRITERIA THAT WE ESTABLISHED THAT AMANDA ALREADY EXPLAINED.

SO I THINK WE SHOULD BE CONSISTENT.

AND WHEN WE DO HAVE TO GO POSITIVE, IT'S FOR THE REASONS THAT AMANDA EXPLAINED.

I YOU ARE, YOU'RE A DOG.

YOU'RE BIASED.

, I'M, I DO HAVE A DOG.

I AM NOT BIASED IN THIS INSTANCE.

HOWEVER, IT'S A UNIQUE TYPE OF VARIANCE.

SO IT'S NOT YOUR TYPICAL DIMENSIONAL, WELL IT IS DIMENSIONAL IN A SENSE THAT IT'S LOCATIONAL, BUT IT'S, IT'S UM, IT'S NOT YOUR STANDARD LIKE SETBACK.

SO I COULD SEE WHERE IT WOULD FALL UNDER MORE OF A PLANNING CONSIDERATION.

YEAH.

THAT'S THE ONLY THING THAT WAS FOR THE SAKE OF CONSISTENCY, I, SHE WAS GONNA SAY SOMETHING THERE.

OH, OKAY.

LOOK, I THINK, I THINK, MICHAEL GO AHEAD.

I THINK IT DOESN'T MATTER IF IT'S POSITIVE OR NEUTRAL.

I THINK WHAT MATTERS IS THAT WE POINT OUT ITING, WE SAID TONIGHT ABOUT, IT'S A GOOD APPLICATION.

IT'S NOT GONNA MAKE A LOT OF NOISE.

THE ALTERNATIVES ARE WORSE THAN IT'S OUTSIDE DOG PARK, BLAH, BLAH, BLAH, BLAH, BLAH.

YOU KNOW, EVERYTHING WE DISCUSSED, WHETHER IT'S NEUTRAL OR POSITIVE, WE'RE GONNA MENTION ALL OF THOSE THINGS ANYWAY.

RIGHT? I AGREE.

RIGHT NOW IT'S THREE, TWO.

SO WE, WE WOULD HAVE TO BE NEUTRAL.

I I NO, WHAT YOU NEED FOUR VOTES.

YOU NEED FOUR VOTES.

YOU NEED FOUR VOTES TO PASS TO CARRY FOR, TO CARRY.

SO IT WOULD HAVE TO BE NEUTRAL AT THE CURRENT VOTE TO, OR TWO UN UN UNLESS YOU KNOW, ONE OR MORE OF YOU OPPOSED THE NEUTRAL.

I MEAN THE NEUTRAL WOULD HAVE TO CARRY ALSO, LET'S NOT DO THAT.

I'M SAYING YOU WOULD CO TO, I'M JUST SAYING THAT YOU WANNA MAKE SURE YOU HAVE FOUR VOTES PRETTY WHICHEVER WAY YOU GO.

I'M WILLING

[01:55:01]

TO CONCEDE TO THE POSITIVE ONE, ONE AT A TIME.

TOM, GO AHEAD.

SO I FEEL THAT FROM A PLANNING PERSPECTIVE, I'M KIND OF WHERE HEH IS IN TERMS OF THE TOWN IN TERMS OF WHAT WE HAVE IN THIS TOWN, WHAT THIS TOWN OFFERS, WHAT YOU KNOW IS AVAILABLE TO THE POPULACE OF THIS TOWN.

IT'S AN EXCELLENT ADDITION, BUT IT CAN ONLY HAPPEN WITH THIS DOG RUN.

SO FOR THAT REASON, I FEEL LIKE IT IS AN ESSENTIAL PLANNING ELEMENT THAT I WOULD LIKE TO ACKNOWLEDGE.

BUT THAT'S NOT QUITE TRUE.

I MEAN, THE APPLICANT SAID THEY COULD DO IT INDOORS IF THEY HAD TO.

WELL, IT, IT WOULD BE WORSE.

OKAY.

THE ALTERNATIVES ARE WORSE.

THE ALTERNATIVES ARE WORSE.

IT'S NOT ABSOLUTELY CRITICAL TO BE HERE.

YEAH.

MY, MY, MY VOTE HASN'T CHANGED.

THE FACT THAT YOU'RE GONNA ADD ALL THE DETAILS, HISTORY OF THE BUILDING AND THE ADVANTAGES TO THE TOWN, I THINK IT, IT WOULD SUFFICE.

BUT I'M OUTVOTED SO I CAN LIVE WITH THAT.

WE HAVEN'T VOTED YET.

OKAY.

LET'S MAKE A MOTION FOR POSITIVE RECOMMENDATION.

YOU HAVE A SECOND PLEASE FOR REASON.

SECOND.

SECOND IS AISHA.

ALL IN FAVOR? AYE.

AYE.

ALL.

DO YOU GONNA OPPOSE, YOU GONNA BE OF OPPOSED STANDING ON PRINCIPLES? NO, I THINK WITH THIS STATEMENT THAT YOU WOULD BE NEUTRAL FOR BECAUSE OF THE GUIDELINES, BECAUSE YOU BELIEVE IT'S DONE.

OKAY.

THAT'S FAIR.

AND WE SHOULD, WE SHOULD SHOW THAT.

I'M, WE'LL GIVE YOU, WE ARE GOING TO BE SENDING A POSITIVE RECOMMENDATION TO, TO THE ZONING BOARD.

I KNOW IT'S CONFUSING.

WE JUST KIND OF CHANGED OUR, THE WAY WE APPROACH IT.

WE DID, DID WE VERY LET ME EXPLAIN WHY.

'CAUSE I THINK EVERYBODY SHOULD, YOU SHOULD KNOW AND APPRECIATE, BY THE WAY, THE WAY YOU CAME IN.

I WISH EVERY APPLICANT CAME IN AS PREPARED AS YOU DID.

YOU DID A FANTASTIC JOB.

I MEAN THAT THANK YOU.

YOU TURN ME AROUND.

I SWEAR IT'S NOT EASY TO DO.

I'M NOT, I'M, IF I CAN SHOW YOU AN ADDITIONAL PICTURE OF A CUTE ANIMAL THAT I SAVED, DON'T NEED TO, YOU KNOW WHAT, I, I WANT CRAZY AUSTRALIAN VET SHOW EVERY SATURDAY MORNING, SO YEAH.

HE'S, HE'S OUTTA HIS MIND, BUT , SO YOU DON'T HAVE TO DO THAT WITH ME.

OKAY.

UM, SERIOUSLY, I JUST WANNA EXPLAIN WHERE JOHANN'S COMING FROM.

YEAH.

UM, IT USED TO BE THE, THE ORIGINAL HISTORY IS THERE WAS NOT A LOT OF COMMUNICATION ON THESE RECOMMENDATIONS BETWEEN THE PLEADING BOARD AND THE ZONING BOARD.

AND ABOUT HOW MANY YEARS AGO, MIKE? FIVE, SIX.

FIVE SIX.

YEAH.

FIVE OR SIX YEARS AGO, WE GOT TOGETHER AND SAID, OH, WE WANT TO HEAR FROM THE PLANNING BOARD.

BUT UNFORTUNATELY WHAT WE DID THEN WAS WE WERE REALLY SENDING EVERYTHING LIKE, YOU KNOW, POSITIVE OR NEGATIVE OR NO NEUTRAL AND, AND INSTEAD OF BEING DEFERENCE TO THAT, SO IT REALLY HAS TO BE AT A MINIMUM, THERE'S GOTTA BE A PRETTY HIGH THRESHOLD BEFORE WE'RE GONNA GO POSITIVE.

OKAY.

AND AS, AS MICHAEL, I THINK APTLY PUT IT, AND HE'S VERY ARTFUL AT DOING THIS WHEN HE IS HELPED WRITE THESE RECOMMENDATIONS, IF IT WERE NEUTRAL, IT WOULD STILL HAVE BEEN A POSITIVE RECOMMENDATION.

IT JUST WOULDN'T HAVE SAID THAT.

OKAY.

AND THAT WOULD'VE BEEN OUTTA DEFERENCE TO US.

AT THE END OF THE DAY, IT'S THE PLANNING COURTS JU I MEAN THERE'S ZONING BOARDS, JURISDICTION, NOT OURS.

OKAY.

BUT IN THIS PARTICULAR CASE, I THINK IT'S INTER INTEGRAL TO WHAT I THINK IS A VERY GOOD ADDITION TO THE COMMUNITY.

YEAH.

THAT, THAT IS MY HOPES THAT, THAT YOU FROM A PLANNING PERSPECTIVE CAN AT LEAST LET THE ZONING, UH, BOARD KNOW THAT YOU APPROVE OF IT IN THAT REGARD.

AND I THINK THAT'S THE WAY WE PUT IT GUYS TO, TO IN DEFERENCE TO, TO, TO, UH, JOHANN'S CONCERN.

OKAY.

MM-HMM.

ALRIGHT.

GREAT.

THANK YOU SO MUCH.

THANK YOU.

THANK YOU.

THANK YOU.

GOOD LUCK.

WE LOOK FORWARD TO SEEING YOU THERE.

WE'LL GET DRAFTED UP AND TO YOU AND THE ZONING BOARD WELL AHEAD OF THAT ALL MEETING.

YEAH.

SO THEY'LL HAVE, THEY'LL HAVE THE RECORD FOR THE, THAT TIME.

ULTIMATELY AFTER THE ZONING BOARD, YOU'LL COME COME BACK TO THIS BOARD FOR A PUBLIC HEARING AS I BELIEVE.

YES.

IS THAT A BE COLLEY YOU PUT UP THERE? I LOVE BE COLLEY'S.

LOOKS LIKE A BE COLLEY.

I BELIEVE SO.

YEAH.

UHHUH.

YES.

I WAS WATCHING THE WESTMINSTER, THE OLD WESTMINSTERS SHOW LAST NIGHT, ACTUALLY.

HAVE A GREAT EVENING.

THANK YOU SO MUCH.

I APPRECIATE IT.

THANK YOU VERY MUCH.

THAT'S THE LAST DONE.

WE'RE ALL SET.

GOOD.