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[00:00:02]

THE ZONING BOARD OF APPEALS.

TODAY

[ TOWN OF GREENBURGH ZONING BOARD OF APPEALS *DRAFT* AGENDA THURSDAY, July 18, 2024 – 7:00 P.M. ]

IS JULY 18TH, 2024, A MONTH AGO.

MADAM SECRETARY, CAN WE HAVE A ROLL CALL FOR THE BOARD? YES.

RECORDING IN PROGRESS.

YOU BEGIN.

ROLL CALL E BUN SMITH.

PRESENT CHRISTINA? HERE.

LEWIS .

PRESENT.

DIANE? HERE.

WILLIAM BLAND.

PRESENT.

SHAUNA DICKINSON.

PRESENT.

PAULINE MOSLEY.

PRESENT.

THAT CONCLUDES OUR ROLL CALL.

THANK YOU.

THE MEETING FOR THE ZONING BOARD OF TOM GREENBERG WILL NOW COME TO ORDER.

SORRY.

YOUR YOUR MIC.

YOUR MIC IS NOT ON.

YOURS ISN'T ON EITHER.

YOU JUST TURNED IT OFF.

SO DO WE WANNA REPEAT IT? I CAN.

OKAY.

OKAY, WE'RE GONNA BEGIN.

ROLL CALL EVE.

BUNTING SMITH.

PRESENT.

CHRISTINE N.

HERE.

LOUIS CRITCHLOW.

PRESENT.

DIANE HUBLEY.

HERE.

WILLIAM BLAND.

PRESENT.

SHAUNA JENKINSON.

PRESENT.

PAULINE MOSLEY.

PRESENT.

THAT CONCLUDES OUR ROLL CALL.

THANK YOU.

SO THE MEETING OF THE ZONING BOARD OF APPEALS FOR THE TOWN OF GREENBURG WILL NOW COME TO ORDER WITH A FULL BOARD TONIGHT.

THANK YOU ALL.

WE HAVE EIGHT CASES THAT ARE SCHEDULED ON TONIGHT'S AGENDA, HOWEVER, CASE NOW I GETTING CONFUSED BECAUSE WE HAVE CHANGES COME IN VERY LATE TODAY.

UH, CASE NUMBER 24 0 7, CHICK-FIL-A HAD BEEN CLOSED FOR DECISION ON TONIGHT'S AGENDA.

HOWEVER, WE RECEIVED A REQUEST FROM THE APPLICANT, UH, WITH NEW INFORMATION THAT, UH, ASKED US TO CONSIDER REOPENING IT AND WE WILL CONSIDER THAT CASE.

24 11.

1 54 NORTH ROAD HAS BEEN ADJOURNED TO THE MEETING OF AUGUST 15TH FOR NOTICING CASE 24 12, WHICH IS 52 CENTRAL AVENUE.

DALE ALSO HAD BEEN CLOSED FOR DECISION ONLY ON TONIGHT'S AGENDA, BUT THAT MAY NEED TO BE OPENED, UM, BECAUSE SOME NEW MATERIAL CAME IN ON THAT CASE.

UH, PLEASE NOTE THAT THE ZONING BOARD WILL HAVE OUR REGULAR MEETING ON THURSDAY, AUGUST 15TH AT 7:00 PM AS USUAL, IF WE CANNOT COMPLETE THE HEARING OF ANY CASE TONIGHT, IT'LL BE ADJOURNED TO ANOTHER MEETING TO HOPEFULLY BE COMPLETED AT THAT TIME.

ALSO, AS IS USUAL TO SAVE TIME, WE WILL WAIVE THE READING OF THE PROPERTY LOCATION AND THE RELIEF SOUGHT FOR EACH CASE.

HOWEVER, THE REPORTER WILL INSERT THIS INFORMATION IN THE RECORD.

THIS INFORMATION ALSO APPEARS IN THE AGENDA FOR TONIGHT'S MEETING.

AFTER THE PUBLIC HEARING OF TONIGHT'S CASES, THE BOARD WILL MEET IN THIS ROOM TO DISCUSS THE CASES WE'VE HEARD TONIGHT.

EVERYONE HERE IS WELCOME TO LISTEN TO OUR DELIBERATIONS, BUT THE PUBLIC WILL NOT BE PERMITTED TO SPEAK OR PARTICIPATE AT THAT TIME.

AFTER OUR DELIBERATIONS, WE WILL COME BACK INTO THIS ROOM TO ANNOUNCE THE BOARD'S DECISION FOR THE FORMAL RECORD AND FOR IT TO BE BROADCAST TO THE COMMUNITY.

IF YOU'RE PRESENT AND GOING TO SPEAK TONIGHT, YOU MUST COME UP TO THE MICROPHONE.

CLEARLY.

STATE YOUR NAME AND YOUR ADDRESS, OR YOUR PROFESSIONAL AFFILIATION.

IF YOU'RE NOT A NAMED APPLICANT, PLEASE, IN THOSE CIRCUMSTANCES, SPELL YOUR NAME FOR THE RECORD.

WE'VE HEARD TESTIMONY ON SOME OF THE CASES OF PRIOR MEETINGS.

ALL PRIOR TESTIMONY IS ALREADY IN THE RECORD AND SHOULD NOT BE REPEATED BEFORE I CALL THE FIRST CA CASE TO BE HEARD ON THE AGENDA.

IS THERE ANYONE WHO WANTED TO COMMENT ON ANY OF THE CASES TONIGHT THAT I'VE MENTIONED? WERE BEING ADJOURNED? IF SO, AND YOU CANNOT COME TO THE NEXT MEETING, PLEASE SUBMIT YOUR CONCERNS OR OPINIONS IN WRITING OR ASK ANOTHER PERSON TO EXPRESS THEM FOR YOU ON YOUR BEHALF.

THE FIRST CASE TO BE HEARD TONIGHT IS CASE 24 0 7 CHICKA PHIL CHICK FILL, THAT'S WHAT I CALL IT, THIS CHICK-FIL-A CHICK-FIL-A, UH, HAS, HAS REQUESTED, UH, TO BE REOPENED.

SO CAN WE HEAR THAT APPLICATION PLEASE? CAN WE DO THE MOTION? YES.

DO WE HAVE A MOTION TO REOPEN? SO THAT MADAM CHAIR, I MAKE A MOTION THAT WE REOPEN CASE NUMBER 24 2 24 DASH ZERO SEVEN FOR ADDITIONAL INFORMATION.

ALL RIGHT.

DO I HAVE A SECOND ON THAT? SECOND.

ALL IN FAVOR? AYE.

AYE.

AYE.

CHAIR VOTES.

AYE.

AYE.

AYE.

OKAY.

SO DO WE HAVE SOMEONE HERE THIS EVENING AT ALL? LOOKS, I THINK SOMEBODY'S TRYING.

[00:05:03]

THIS IS CHARLES GOTTLIEB, UH, ON BEHALF OF CHICK-FIL-A UM, WE LOOK FORWARD TO, UH, PRESENTING SOME NEW INFORMATION TO THE BOARD, UH, AND, UH, AND SEE YOU ALL IN AUGUST.

OKAY.

THANK YOU VERY MUCH.

WAS THERE ANY THANK YOU.

WAS THERE ANYONE HERE TONIGHT OKAY.

THAT WAS FAMILIAR WITH THIS? NO, THE INFORMATION THEY'VE SUBMITTED.

OKAY.

YOU'LL HAVE TO COME BACK WHEN WE PUT THIS ON THE RECORD.

OKAY.

AND WE ADJOURN IT.

THANK YOU.

THE NEXT CASE WE HAVE IS CASE 24 0 9 600 SOUTH CENTRAL SCARSDALE, LLC.

HI, GOOD EVENING, MADAM CHAIR, MEMBERS OF THE BOARD.

MY NAME IS BRIAN .

I'M AN ATTORNEY WITH ZAIN AND SIMZ ON BEHALF OF THE APPLICANT.

600 SOUTH CENTRAL AVE, SCARSDALE, LLC.

UM, WE WERE PREVIOUSLY BEFORE YOU ON THE 20TH.

AT THAT TIME, UM, A PORTION OF OUR APPLICATION WAS RESOLVED.

UM, WHAT'S REMAINING BEFORE YOU ARE THE TWO AREA VARIANCES THAT WERE SOUGHT.

UM, ONE BEING A PARKING VARIANCE TO, FOR NINE PARKING SPACES WHERE 25 ARE REQUIRED.

UM, JUST AS A NOTE, THOSE NINE SPACES ARE THE EXISTING NINE SPACES ON THE SITE.

UM, SECOND, SECONDLY IS THE ACCESSORY OUTDOOR DISPLAY OF RETAIL MERCHANDISE ON THE PROPERTY.

UM, THE APPLICANT IS SEEKING, HAS BEEN SEEKING TO IMPROVE THE PROPERTY'S APPEARANCE, AND THAT'S PART OF THIS APPLICATION BEFORE YOU.

SO HE UNDERSTANDS THE ISSUES AND CONCERNS THAT THE MUNICIPALITY HAS WITH REGARD TO THE APPEARANCE OF THIS PROPERTY AND IS HOPING TO RESOLVE THAT.

UM, JUST QUICKLY GOING THROUGH IT, HE BEGAN INTERIOR ALTERATIONS, UM, LAST YEAR.

UH, STOP WORK ORDER IS ORDER WAS ISSUED ON DECEMBER 4TH.

BUILDING PERMITS WERE THEN FILED IN FEBRUARY AND DENIAL LETTERS ISSUED FEBRUARY LATER THAT MONTH.

UM, WE THEN APPLIED TO YOUR BOARD IN APRIL.

UM, THIS IS ALL PART OF THE ONGOING PROCESS OF THEM TRYING TO IMPROVE THE SITE.

UM, I DO WANNA CLARIFY ALSO WE'RE, WE'RE NOT PROPOSING THE STORE ON THE SITE.

UM, I THINK THAT THAT WORD STORE IS AMBIGUOUS IN TERMS OF WHAT WE'RE TR LOOKING TO DO.

BUT I, FOR ALL INTENTS AND PURPOSES, WE'RE REQUESTING TO DISPLAY MERCHANDISE THAT IS FOR SALE OUTDOORS.

UM, MERCHANDISE WILL BE COMPRISED SOLELY OF OUTDOOR FURNITURE THAT IS IN CONDITION TO SELL.

THE TYPES OF MERCHANDISE THAT WOULD BE STORED OUTDOORS INCLUDES TABLES, CHAIRS, LOUNGES, AND UMBRELLAS.

THE PATIO BLOCKS AND BRICKS, THEY ARE, THOSE ARE ALREADY INSTALLED ON THE SITE.

AN EXPANSION OF THAT WOULD REQUIRE SITE PLAN APPROVAL.

AND WE ACKNOWLEDGE THAT FENCING IS ALREADY INSTALLED ON THE SITE AS WELL.

UM, IN TERMS OF THE FENCING THAT'S BEING DISPLAYED.

UM, BUT THE, OKAY, BUT THE APPLICANT IS WILLING TO MAKE, UM, UNIFORM THE CHAIN LINK OF FENCING, UM, THROUGHOUT THE BACK IF THAT'S WHAT THE BOARD WISHES TO DO TO FURTHER IMPROVE THE SITE.

INDOOR GOODS OR ACCESSORIES WILL BE INSIDE THE BUILDING.

UM, NOTHING.

SO AGAIN, NOTHING OUTSIDE, ASIDE FROM THE OUTDOOR FURNITURE, THAT WHICH IS THE TABLES, CHAIRS, LOUNGES, AND UMBRELLAS.

WE PROPOSED A LANDSCAPING PLAN, UM, THAT WAS PRE, PREVIOUSLY CIRCULATED IN PART OF OUR PRIOR SUBMISSION.

UM, THAT LANDSCAPING PLAN, WE BELIEVE IS SUFFICIENT TO SCREEN PORTIONS OF THE BUILDING AS WELL AS DISPLAY AREAS.

THE BOX WOOD WILL EXTEND THROUGHOUT THE ENTIRETY OF THE PERIMETER OF ALL THE FENCING ON THE SITE.

UM, IT'S A TOTAL OF 250 FEET OF BOX WOOD THAT WE HAVE.

THE BOX WOOD WILL BE APPROXIMATELY THREE FEET IN HEIGHT.

FURNITURE THAT WOULD BE DISPLAYED WITHIN THE DISPLAY AREAS WOULD BE LIMITED TO TABLES WHICH ARE APPROXIMATELY 28 TO 30 INCHES IN HEIGHT CHAIRS, WHICH ARE APPROXIMATELY 18 TO 23 INCHES IN HEIGHT TO THE SEAT.

AND THEN 26 TO 34 INCHES TO THE TOP OF THE BACK, UH, SHAS LOUNGES, WHICH ARE A LITTLE LESS THAN 30 INCHES.

AND SOFA.

ALSO, OTHER CHAIRS WE COMPRISE OF, SAY LIKE A SOFA OR A LARGER CHAIR THAT YOU MAY HAVE.

UM, THAT WOULD BE CLOSER TO 30 TO 35 INCHES.

SO EACH OF THOSE ITEMS WOULD FALL BELOW WHAT THE BOX WOULD HEIGHT WOULD BE.

UM, OTHER IMPROVEMENTS WE DID, WE DID INCLUDE A, UM, LETTER ON MR. DAVE ROSS'S LETTERHEAD.

HE IS ALSO AVAILABLE HERE BY ZOOM IF THERE ARE ANY QUESTIONS FOR THE APPLICANT.

UM, THOSE IMPROVEMENTS INCLUDE DEF FENCING, SIGNS, FACADE, AWNING, AND THEN OTHER MISCELLANEOUS WORK, UM, SUCH AS ELECTRICIANS FOR WIRING AND LABOR TO LABOR TO SUPPORT CONTRACTING, PAINTING PERMITS AND SUPERVISING.

IN TOTAL, HE'S WILLING, HE'S LOOKING TO INVEST APPROXIMATELY 112,000 IF NOT MORE INTO THE SITE.

UM, WE DO BELIEVE THAT THIS IS THE BEST VIABLE USE OF THIS PROPERTY.

IT IS A UNIQUE PROPERTY.

THE SIZE OF THE PROPERTY IS UNIQUE.

[00:10:01]

THE BUILDING ITSELF IS UNIQUE.

UM, WE DO NOT WANT THIS TO, WHAT WOULD HAPPEN WITHOUT THIS, UH, VARIANCE IS THAT THE BUSINESS WOULDN'T BE ABLE TO OPERATE FROM THIS SITE.

UM, WE ACKNOWLEDGE THAT EVEN ACROSS THE STREET, 5 99 SOUTH CENTRAL AVENUE, FORMER T-MOBILE STORE, IT'S AT VACANT FROM 2009 TO 2023.

UM, WE WE'RE TRYING TO IMPROVE THIS LOCATION.

SO WE BELIEVE THAT THE GRANTING THIS VARIANCE RATHER THAN STICKING WITH THE STATUS QUO.

AND I'M NOT SAYING THAT THIS WOULD SIT VACANT, BUT, UM, RATHER THAN HAVING THIS BUILDING CONTINUE TO BE MOLDED AND TRIED TO BE USED FOR DIFFERENT POSSIBLE USES, UM, WE BELIEVE THAT THE INVESTMENT OUR, OUR CLIENT IS WILLING TO PUT INTO THIS PROPERTY WOULD BE THE BEST AND QUICKEST WAY TO IMPROVE THAT INTERSECTION.

UM, IN SUM THE RECORD BEFORE YOU, WE BELIEVE SUPPORTS THE GRANT OF APPROVAL OF THE REQUESTED VARIANCES.

UM, THE BENEFIT TO THE APPLICANT DOES OUTWEIGH ANY DETRIMENT TO THE HEALTH, SAFETY, WELFARE OF THE COMMUNITY.

UM, I, I THINK TO STRESS, UM, THAT THE OUTDOOR DISPLAY, THIS IS NOT ANYTHING NEW TO THIS SITE.

UM, SINCE THE EARLY 1960S, I BELIEVE, IF I COULD BE MISSTATING THIS, BUT PROTOS, UM, HAD OPENED IN THE EARLY 1960S AND OPERATED AT THE SITE, UM, IMMEDIATELY FILING PROTOS OCCUPANCY PATIO.COM CAME IN AROUND 1999 AND IS OPERATED AT THE SITE.

SO THE CONTINUOUS OUTDOOR DISPLAY OF THIS PROPERTY WOULD NOT BE A CHANGE FROM THE CURRENT CONDITIONS.

UM, WHAT WE'RE REALLY TRYING TO PROPOSE HERE IS A POSITIVE CHANGE, SOMETHING THAT THE BOARD WOULD BE RECEPTIVE TO THAT WILL HELP THE MUNICIPALITY WILL MAKE IT LOOK A LOT NICER.

I KNOW THAT WE DID PROVIDE, UM, I'M NOT SURE IF THEY CAN BE PULLED UP, BUT WE DO HAVE RENDERINGS THAT WE DID PROVIDE, UM, SHOWING WHAT IT WOULD LOOK LIKE.

WE ALSO PROVIDE THAT LANDSCAPING PLAN.

UM, ALL IN ALL, I, I THINK THAT THAT'S EVERYTHING I WANNA PRESENT.

AND IF THERE'S ANY QUESTIONS FROM THE BOARD, BE MORE THAN WILLING TO ANSWER.

UH, WHEN, WHEN YOU SAID, I'M SORRY, YOU WANNA GO, UH, WHEN YOU SAY IN, IN CONDITION TO SELL, WHEN YOU MENTIONED THE ITEMS THAT WOULD BE PUT ON DISPLAY, WHAT, WHAT DOES THAT MEAN TO YOU? SO THE CONDITION TO SELL IT WOULD BE, WHAT THE APPLICANT'S LOOKING TO DO IS BRING IN NEW MERCHANDISE FROM THEIR WAREHOUSE TO THE SITE.

UM, THE CONDITION TO SELL, I WANTED TO CLARIFY 'CAUSE I BELIEVE LAST TIME THERE MAY HAVE BEEN CON QUESTIONS AS TO WHAT WOULD BE BROUGHT TO THE PROPERTY.

ARE WE STORING ITEMS? WOULD THEY BE IN BOXES? THESE ITEMS WOULD BE FULLY CONSTRUCTED, READY TO SELL.

THEY SOMETHING THAT THEY'RE THERE FOR DISPLAY.

SO THEY'RE THERE FULLY OPERATIONAL, UM, AND IN GOOD CONDITION.

SO YOU, SO YOU WOULD BE SELLING ITEMS THAT HAVE BEEN, UH, SET UP SO THAT IF SOMEONE SAW THEM, THEY COULD BUY THAT, THAT PARTICULAR PIECE.

IT'S NOT SOMETHING THAT WOULD BE THERE AS A MODEL AND THEN IT WOULD BE DELIVERED FROM A WAREHOUSE ELSEWHERE.

IS THAT, I THINK THAT THERE'S ALWAYS, THERE'S ALWAYS THE OPTION.

I, I BELIEVE THE CLIENT HAS THAT.

SO THAT YOU COULD, IF YOU REALLY DID WANT TO PURCHASE THE PRINT PIECE THERE, YOU COULD.

I THINK THAT IT'S PREFERABLE FOR MOST INDIVIDUALS THAT THEY'D RATHER HAVE IT BE DELIVERED TO THEIR SITE.

THEY'D ALSO WANT SOMETHING BRAND NEW THAT HASN'T BEEN SAT ON, HASN'T BEEN EXPOSED TO ANY ELEMENTS.

SO I THINK THERE IS THAT PREFERENCE, BUT THOSE ITEMS WILL BE KEPT IN A CONDITION THAT THEY COULD BE SOLD IN.

WELL, YOU CAN SELL ANYTHING IF IT'S SOMEONE'S, THAT SOMEONE PERSON, I MEAN THE PROPERTY, THE PIECES I SHOULD SAY COULD BE OUT THERE FOR TWO OR THREE YEARS BECAUSE THEY'RE STILL IN VOGUE.

AND SOMEONE WOULD SAY, WELL, YOU'VE BEEN, YOU'VE HAD THESE OUT HERE AND THEY STILL LOOK PRETTY GOOD, SO I WANNA BUY THEM.

IS THAT WHAT YOU MEAN OR NOT? UM, IN SPEAKING WITH THE CLIENT, I, AND I'LL HAVE HIM SPEAK IN A SECOND AS TO THIS, BUT MY UNDERSTANDING OF THE OPERATIONS IS THAT THEY WOULD BE BRINGING IN NEW FURNITURE, UM, ONCE THIS IS COMPLETE, UM, ALL THE IMPROVEMENTS ARE COMPLETED AT THE END OF THE YEAR.

THEY WOULD HAVE AN END OF YEAR SALE.

UM, THEY WOULD TRY TO OFFLOAD ANY MERCHANDISE THAT THEY POSSIBLY CAN.

UM, I WOULD DEFER TO THE CLIENT WHO I BELIEVE IS ON ZOOM RIGHT NOW, UM, AS TO WHAT THE STATUS OF THE REMAINING ITEMS WOULD BE FOLLOWING THAT, I, HE DOES NOT WANT IT TO GO INTO THE STATE THAT IT'S BEEN EXPOSED TO BE MOST RECENTLY.

UM, HE'S TRYING TO KEEP IN GOOD CONDITION.

UM, SO I DON'T BELIEVE THAT WHAT YOU'RE GONNA SEE IS ITEMS THAT HAVE SAT THERE FOR MULTIPLE YEARS AND EXPOSED ELEMENTS.

UM, THE HOPE IS THAT ALL THOSE ITEMS WOULD BE SOLD EACH YEAR.

IF NOT, THEY COULD BE RECIRCULATED TO ANOTHER LOCATION TO BE SOLD.

SO THAT WOULD BE SOMETHING THAT YOUR CLIENT MIGHT CONSIDER IF WE AGREED WITH WHAT YOU WANT, THAT IT WOULD DISPOSE OF PROPERTY AFTER A CERTAIN AMOUNT OF PERIOD OF TIME THAT HE HAS ON, ON DISPLAY OR AT LEAST MOVE IT FROM THERE.

I THINK THAT, UM, OPERATIONALLY, I MEAN IF THIS, I MEAN IF THIS GETS MORE INTO THE BUSINESS OPERATION PORTION OF IT, BUT IF, IF IT'S A GOOD ME HE'S OF MERCHANDISE THAT ISN'T IN A DISTRICT, I'M, I GUESS I WOULD TAKE IT FOR EXAMPLE, LIKE A WOODEN TABLE

[00:15:01]

THAT HAS NOW STARTED TO ROT.

IT STARTED TO HAVE OTHER ISSUES THAT I, I'D HAVE TO DEFER TO THE CLIENT TO SEE, BUT I WOULD HOPE THAT HE WOULD AGREE THAT THAT WOULD BE TAKEN AWAY.

UM, WHAT WE WOULD MAKE MAINTAIN ON SITE, IF THERE IS SOMETHING THAT, SAY A CONCRETE TABLE THAT CAN BE CLEANED CAN BE KEPT AND MAINTAINED.

IF THAT'S KEPT, KEPT ON SITE, I DON'T BELIEVE A CERTAIN TIMEFRAME MAY BE SO APPLICABLE TO THAT.

BUT IN TERMS OF JUST MAINTAINING THE SITE IN A GOOD OPERATIONAL WAY THAT HAS ANY OF US AS CUSTOMERS, IF WE SHOWED UP TO THE SITE, WOULD WANT TO SEE IT.

I THINK THAT'S HIS GOAL.

OKAY.

AND YOU MENTIONED, UH, THAT YOU WOULD, THAT THEY WOULD PUT UP A CHAIN LINK FENCING PREVIOUSLY I THOUGHT THAT HOW THE FENCING HAD BEEN DESCRIBED WAS WITH VARIOUS PORTIONS OF THE FENCING JUST DEMONSTRATING WHAT THEY COULD SELL.

SO THAT WOULD BE A MIXTURE OF THINGS.

CORRECT.

BUT NOW YOU'RE SAYING REMOVING THAT MIXTURE OF SET UP AND JUST HAVING A CHAIN LINK FENCE WOULD GIVE MORE, I GUESS ATTRACTION OR ATTRACTIVENESS TO THE AREA.

I'M NOT QUITE SEEING HOW THAT WORKS.

UM, SO CURRENTLY WE HAVE A MIX OF DIFFERENT, UH, ITEMS THAT COULD BE SOLD OF FENCING.

SO YOU HAVE DIFFERENT TYPES OF FENCING THAT PROBABLY SPANS ABOUT SIX FEET IN WIDTH.

UM, AND IT'S VARIOUS AMOUNTS.

IT COMES AROUND A CORNER, UM, AND IT'S IN THE REAR OF THE SITE.

SO I KNOW THAT IT'S NOT REALLY EXPOSED TO ANY ROADWAY NECESSARILY.

UH, ESPECIALLY GIVEN THE TOPOGRAPHY OF THE AREA AND HOW THERE'S EXISTING VEGETATION BEHIND INTO THE CORNER.

UM, BUT WHAT WE'RE, WHAT WE'RE STATING IN TERMS OF THE FENCING WAS MORE UNIFORMITY, IF THAT'S WHAT YOU'RE LOOKING TO HAVE, IS A CLEANER LOOK MORE UNIFORMITY THAT THAT WOULD BE SOMETHING THAT THE CLIENT WOULD CONCEDE TO.

I MEAN, I SEE CHAIN LINK FENCING AS THE TYPE THAT GOES IN THE LITTLE BOXES AND THEN IT HAS THE LITTLE TOP THING STICKING UP, SO YOU'RE NOT SUPPOSED TO CRAWL OVER IT.

BUT THAT DOESN'T NECESSARILY LOOK APPEALING TO ME, BUT THAT'S JUST ME .

UM, YOU SAID THAT, UM, HOW, HOW MANY ITEMS WOULD THE PROPERTY HAVE ROUGHLY THAT WOULD BE RATED? WELL, IT WOULD VARY I GUESS DEPENDING ON WHAT TYPE OF MATERIAL OR WHAT TYPE OF ITEMS WE DO HAVE.

SO OBVIOUSLY THE BULKIER ITEMS, THE FEWER THAT WE CAN HAVE.

UM, I CAN HAVE THE CLIENT SPEAK TO THAT.

OKAY.

UM, HE, I KNOW HE IS ON, UM, INDOORS, OUTDOORS, OR BOTH? NO, I'M TALKING OUTDOORS.

I'VE JUST BEEN OUTDOORS ALL THE TIME.

YOU CAN DO THE INDOORS TOO.

OKAY.

UM, AND WHAT IS THE BOXWOOD HEIGHT AGAIN? THE BOXWOOD HEIGHT WOULD BE THREE FEET.

THREE FEET APPROXIMATELY, I BELIEVE THAT'S AT PLANTING.

AND YOU'RE SAYING THAT THE PRODUCTS THAT YOU HAVE, I ASSUME EXCEPT FOR UMBRELLAS AND THINGS OF THAT NATURE WOULD ALL BE BELOW THAT LEVEL? CORRECT? I THINK THE SOLE EXCEPTION MAY BE IF YOU HAD, UM, LIKE A DUAL CHAIR, LIKE A ADIRONDACK TYPE CHAIR, YOU MAY SLIGHTLY, THE BACK OF THAT MAY SLIGHTLY GO ABOVE.

AND IS IT POSSIBLE, 'CAUSE I'M NOT THAT FAMILIAR WITH AN INDIVIDUAL DRIVING BY IN THE CAR TO SEE OVER THE BOX WOOD SO THAT THEY COULD SEE WHAT YOU HAVE ON DISPLAY OR THEY WOULD THEY HAVE TO COME TO THE PROPERTY? I'D I'D SAY IT WOULD SCREEN THE MAJORITY OF IT.

I, I, I'D HAVE TO DO A VISUAL.

I CAN'T SAY FOR CERTAIN ON MY OWN.

OKAY.

BUT, UM, IT ALSO PROBABLY VARIES BY WHAT TYPE OF VEHICLE THEY'RE DRIVING AND AT WHAT POINT ALONG PROBABLY OLD ARMY ROAD THAT THEY'RE DRIVING, BECAUSE I KNOW THAT THAT DOES COME DOWN AT A SLOPE.

SO THERE POSSIBLY IS A AREA OF OLD ARMY ROAD WHERE YOU'D BE ABLE TO SEE UP AND OVER.

OKAY.

AND I THINK THE LAST QUESTION I HAVE IS YOU TALK ABOUT SINCE 1960, UH, CORRECT.

BUT I WAS AROUND IN 1960 AND THERE HAVE BEEN BIG CHANGES TO THE NEIGHBORHOOD AND THE TYPE OF, YOU KNOW, FARM TYPE GARDEN SET UP, SET UP.

THEY HAD AT THAT TIME, UM, WAS SOMEWHAT ISOLATED FROM THE COMMUNITY THAT'S THERE NOW THAT SURROUNDS IT.

AND IT, IT, YOU'RE, THE SITE APPEARS AS SOMETHING THAT'S, UM, NOT, UH, IN A AREA WHERE YUAN WOULD GO NECESSARILY SHOPPING FOR OTHER THINGS.

IT'S, IT'S VERY, YOU KNOW, ISOLATED IN AND OF ITSELF.

SO I DO SEE THAT THERE ARE CHANGES TO THE NEIGHBORHOOD AND I'M NOT SURE IF THIS IS A CHANGE THAT FITS THE NEIGHBORHOOD IN THE WAY IN WHICH YOU DESCRIBED IT.

SO THAT WASN'T REALLY A QUESTION, BUT THAT WAS MY THOUGHT.

YOU CAN COMMENT ON IT OR YOU'RE, I I HAVE A FEW QUESTIONS IF YOU YES.

IF YOU GUYS ARE.

UM,

[00:20:01]

SO, UM, PREVIOUSLY WE HAD TALKED ABOUT ON THE TYPE OF MERCHANDISE THERE WERE GONNA BE LIKE KIDS PLAY SETS AND LIKE, UH, JACUZZIS AND STUFF.

WERE WE JUST TALKING OUTDOOR FURNITURE NOW? YES.

SO THERE WAS A BUILDING PERMIT THAT WAS SUBMITTED BY POSSIBLE, UM, ENTITY THAT WOULD COME IN.

UM, THEY DID HAVE JACUZZIS PLAY FURNITURE, THINGS LIKE THAT.

UM, THAT, THAT IS NO LONGER SOMEONE WHO'S INTERESTED IN THE PROPERTY.

SO THE PROPERTY IS GONNA REMAIN A PATIO.COM.

OKAY.

SO THE FURNITURE WOULD JUST SIMPLY STATE AS OUTDOOR FURNITURE.

YOU WOULD NOT HAVE SWING SETS.

AND THIS IS A VERY SEASONAL BUSINESS, SO I KNOW WE HAD TOUCHED ON IT A BIT, BUT LIKE, UM, YOU KNOW, PREVIOUSLY FURNITURE WAS LEFT OUTSIDE AND THERE'D BE LIKE THREE FEET OF SNOW ON IT AND THINGS.

MM-HMM.

.

SO THE, AND HE COULD SPEAK MORE TO IT, THE, YOU KNOW, THE OWNER WHEN HE GETS ON, BUT YOU KNOW, THE EXPECTATIONS PROBABLY WOULD BE THAT WOULD GO INSIDE OR SOMEWHERE ELSE FOR STORAGE AND NOT BE LEFT OUTSIDE OFF SEASON EVEN IF IT'S NOT SOLD.

YEAH, THAT'S CORRECT.

THAT'S SOMETHING I COULD HAVE THE CLIENT SPEAK TO IN TERMS OF OPERATIONS.

AND THEN THERE'S LAND IN THE BACK, YOU KNOW, WHICH IS KIND OF NOT, IT'S REALLY ON THE SIDE BECAUSE IT HITS BOTH STREETS.

MM-HMM.

.

BUT THERE'S ALSO A PLOT THAT WAS PREVIOUSLY USED FOR STORAGE RIGHT.

ON CENTRAL AVENUE.

WHAT IS SPECIFICALLY PLANNED FOR THAT FRONT AREA.

UM, SO I GUESS ON THE MAP, ARE YOU DESCRIBING THE AREA ALONG CENTRAL PARK AVE? YEAH.

SEE, LIKE, IT'S GOT THE, IT'S YEAH.

BOXWOODS AROUND IT.

THAT'S WHERE LIKE THE FRONT DOOR IS.

YEAH.

SO CURRENTLY THAT FENCE IS A DISREPAIR.

UM, WHAT'S BEING PROPOSED AT THAT FENCE? BE REPAIRED AND BOXWOOD AS SHOWN ON THIS LANDSCAPING PLAN.

WE'D HAVE BOXWOOD THAT WOULD RUN AROUND THE FRONT OF THAT.

UM, THERE WOULD BE SOME DISPLAY IN THAT AREA, BUT IT WOULD NOT EXTEND BEYOND WHAT THE CURRENT FENCE IN AREA IS.

OKAY.

OKAY.

THANK YOU.

YEAH.

UM, YOU HAD SPECIFICALLY MENTIONED A PRODUCT THAT WOULD BE ON DISPLAY IN THE FRONT OF THE BUILDING ON CENTRAL PARK AVENUE.

THAT WOULD BE NO MORE THAN 30 INCHES TALL.

UH, YOU DIDN'T MENTION UMBRELLAS FOR AS AN EXAMPLE.

MM-HMM.

WOULD UMBRELLAS BE ON DISPLAY IN FRONT OF THE BUILDING AS WELL? UM, I'LL LET THE CLIENT SPEAK TO THAT AS TO THE OPERATIONS AND HOW HE WANTS TO OPERATE.

UM, I BELIEVE HE IS DAVE ROSS.

CAN WE CONFIRM THAT HE'S ON, JUST WANNA MAKE SURE, I JUST HAVE ONE MORE QUESTION.

YEAH.

THAT'S MORE TECHNICAL.

UM, THIS MIGHT BE ALSO MAYBE FOR, FOR LIZ AT THE BUILDING DEPARTMENT, BUT DOES THE GREENBERG ZONING CODE DIFFERENTIATE BETWEEN DISPLAYING OUTDOOR STORAGE, OUTDOOR MATERIALS AND STORING OUTDOOR MATERIALS? IS THERE, IS THERE A, DOES IT, IS IT DISTINGUISHED IN THE CODE OR IS IT ALL ONE? HI, LIZ GARRITY, DEPUTY BUILDING INSPECTOR.

UM, IT'S, UH, CONSUMER MERCHANDISE FOR SALE, WHETHER IT'S DISPLAYED OR STORED.

UM, IT'S THE SAME.

SO IF THEY, EVEN IF THEY'RE STORING IT, IF IT'S FOR SALE, IT'S STILL REQUIRE THE VARIANCE.

OKAY.

AND IT DOESN'T MATTER WHAT YOU'RE, YOU'RE DISPLAYING OR STORING, CORRECT? CORRECT.

OKAY.

CAN I ASK, CAN I ASK? YEAH, SURE.

YOU MAY HAVE ANSWERED THIS, THE AIR CONDITIONING IS REALLY LOUD ABOVE MY HEAD, BUT I'M A LITTLE UNCLEAR OF YOUR, YOUR APPLICATION TALKS ABOUT ALL STREET PARK AND ACCESSORY OUTDOOR DISPLAY AND STORAGE OF MERCHANDISE.

MM-HMM.

, ONE OF THE CONCERNS THAT WAS RAISED LAST TIME YOU SPOKE WAS THAT THERE WOULD BE BOXED MERCHANDISE STORED OUT OF DOORS.

SO I, I CAN HOPEFULLY I CAN CLARIFY.

WE JUST USE THE SAME TERMINOLOGY THAT WE USED USED IN THE DENIAL LETTER.

AND I THINK BECAUSE THOSE ARE INTERCHANGEABLE TERMS, UM, WITHIN THE CODE, UM, I COULD BE WRONG, BUT THE STORAGE DISPLAY AND STORAGE, I WAS JUST RECITED FROM THE DENIAL.

WHAT WE'RE LOOKING TO DO IS JUST DISPLAY.

SO THERE WOULDN'T BE ANYTHING THAT'S IN BOXES THAT'S STACKED UP IN THE BACK.

UM, ANYTHING THAT'S OUT THERE WOULD BE AN ACTUAL, SO IN THE BACK THERE WOULD BE BOXED MERCHANDISE? YEAH.

ANY, ANY BOXED MERCHANDISE WOULD BE INDOORS.

OKAY.

SO THERE WILL BE NO BOXED MERCHANDISE OUTDOORS.

THAT WAS THE SENTENCE I WAS LOOKING FOR.

YEAH.

YES.

OR BEING TOLD THAT IT WOULDN'T HAPPEN.

OKAY.

CORRECT.

THANK YOU.

THAT WAS MY QUESTION.

YEAH.

ANYONE ELSE? MY NAME IS, MY NAME IS MURRAY POTEN.

[00:25:02]

IN THE PAST YOU'VE DESCRIBED WHAT WAS THERE NOW AND THEN WE'VE MOVED TO A DIFFERENT SELLING ENVIRONMENT THAN WE DID JUST A YEAR OR TWO AGO.

EVERYTHING ON THAT SIDE I EXPECT WILL BE DISPLAY QUALITY.

I DON'T EXPECT THEY WILL HAVE ANYTHING STORED THERE THAT KIND OF SELLING IS OVER WITH THE PIECE OF PROPERTY THAT THEY HAVE.

THEY WANT PEOPLE TO COME AND SEE IT.

THEY, AND IT WILL BE SHIPPED FROM A CENTRAL WAREHOUSE.

I CAN HAVE THINGS SHIPPED TO ME IN EIGHT HOURS ON AMAZON AND THEIR COMPETITION IS AMAZON, LOW LOWE'S AND HOME DEPOT.

BUT PERSONALLY, WHEN I BUY SOMETHING OF THAT, I'D LIKE TO GO THERE AND RUB IT AND FEEL IT AND SEE IT.

AND WHEN I GO SHOPPING HOME DEPOT MOSTLY SOMEBODY COMES AND TAKES ME AND GIVES ME SERVICE.

THEY STOP WHAT THEY'RE DOING AND THEY GO WITH ME.

SO IT'S IN THE INTEREST OF THE OWNER THAT THIS BE MOST APPEALING TO THE COMMUNITY.

THAT THERE'D BE NO BOXES, NO UNSIGHTLY THINGS BECAUSE THEY WANT PEOPLE TO COME AND SEE 'EM.

THEIR COMPETITION IS ONLINE AND THEY HAVE TO BE AWARE.

IF THEY DON'T GIVE THE CORRECT SERVICE, PEOPLE WILL GO ONLINE AND BUY IT SOMEWHERE ELSE.

THAT'S A BIG DANGER.

CENTRAL AVENUE HAS LOST INABLE BUSINESSES THAT THERE'S A PET VETERAN UNION COMING SOON.

IT'S A, I HEARD IT YESTERDAY.

THE DESCRIPTION OF IT, IT WILL ATTRACT PEOPLE TO THE CENTRAL AVENUE BECAUSE IT'S WELL DESIGNED.

THE PROBLEM YOU HAVE IS USING A CODE THAT IS BASICALLY OUTDATED.

AND SO YOU HAVE TO LOOK AT IT IN A FLEXIBLE WAY.

WE WANT TO KEEP AS MUCH BUSINESS IN THIS AREA AS WE CAN.

AND THOSE BUSINESSES ARE THERE, ARE DETERMINED TO PRESENT THE BEST FACE THEY CAN TO THE COMMUNITY.

NOBODY RUNNING A BUSINESS TODAY WANTS OPPOSITION FROM THE COMMUNITY.

THEY WILL BEND OVER BACKWARDS TO MAKE IT APPEALING, OTHERWISE THEY'LL BE HERE AND COMPLAINING.

I'M HERE TO ENCOURAGE A FLEXIBILITY AND ACCOMMODATION WHERE POSSIBLE SO THAT SOME OF THOSE EMPTY STORES WILL BE FILLED.

I DROVE THROUGH IRVINGTON AND TAR DOWN THE OTHER DAY LOOKING FOR ICE CREAM AND A NUMBER OF EMPTY STORES IN TARRYTOWN WAS ASTOUNDING.

SO ANY CHANCE WE HAVE TO BRING IN A BUSINESS THAT HAS TO TAKE CARE OF THEIR CUSTOMERS, HAS TO LOOK SPARKLING, WE SHOULD TAKE THAT OPPORTUNITY.

IT'S VERY DIFFICULT FOR PRACTITIONERS.

YOU'VE BEEN AROUND A LONG TIME, THE WORLD CHANGED.

THE RULES HAVE TO CHANGE AND IT'S VERY HARD TO DO IT.

SO THINK FLEXIBILITY.

HOW CAN YOU ACCOMMODATE BRINGING IN SOMETHING THAT IF NOT PERFECT, THEY'LL BE OUTTA BUSINESS IN SIX MONTHS.

SIX MONTHS? WELL, MR. BOWDEN, I WANNA THANK YOU BECAUSE YOU ACTUALLY ARE SAYING, WHAT I, I THINK WE'RE ALL TRYING TO SAY IS THAT WE DON'T WANT THIS TO BE A BLIGHT ON THE COMMUNITY.

THAT THIS PROPERTY WILL BE REFLECTIVE OF AN ESTABLISHMENT THAT WHEN PEOPLE ARE DRIVING AT HOME, IT DOESN'T LOOK LIKE IT'S A JUNKYARD.

EXACTLY.

SO IF THE, IF THE APPLICANT IS PREPARED TO ENSURE THAT WHEN PEOPLE GO HOME AND WHEN IS THE WINTER, THAT DOESN'T LOOK LIKE IT'S AN ABANDONED LOT.

I THINK WE'RE IN FAVOR OF DOING SOMETHING.

SO THANK YOU FOR YOUR COMMENTS.

IF IT LOOKS ABANDONED, THEY'LL BE OUT OF BUSINESS IN A YEAR.

THANK YOU.

YEAH, SIR.

COME UP.

UH, GOOD EVENING, UH, MEMBERS OF THE ZONING BOARD OF APPEALS.

HELLO AGAIN.

UH, I'M DYLAN PINE, A RESIDENT OF EDGEMONT, AND I'M PRESIDENT OF THE EDGEMONT COMMUNITY COUNCIL.

UH, I'M HERE THIS EVENING TO SPEAK AGAINST THE AREA OF VARIANCE REQUESTS FOR 600 SOUTH CENTRAL AVENUE.

UH, FIRST I WOULD LIKE TO THANK THE ZBA FOR UPHOLDING THE DETERMINATION OF THE BUILDING INSPECTOR, UH, THAT A PREVIOUS NON-CONFORMING, UH, USE, UTILIZING OUTDOOR STORAGE AND DISPLAY OF GOODS FOR RETAIL SALES WAS DISCONTINUED BY THE APPLICANT FOR MORE THAN SIX MONTHS.

UH, I LIVE ON OLD ARMY ROAD AND DRIVE BY 600 CENTRAL PARK AVENUE NEARLY EVERY DAY AND CAN VERIFY THIS WAS THE RIGHT CONCLUSION.

UH, IT'S THE RESPONSIBILITY OF THE ZONING BOARD OF APPEALS TO ENFORCE THE CODE THAT IT HAS.

UH, NOW THAT THE PREVIOUS

[00:30:01]

NON-CONFORMING USE HAS BEEN DISCONTINUED.

WE ARE OPERATING FROM A CLEAN SLATE, UH, AND THE EDGEMONT COMMUNITY COUNCIL OBJECTS TO THE APPLICANT'S REQUEST TO SEEK AN AREA OF VARIANCE TO USE THE EXTERIOR OF THE PROPERTY, UH, TO DISPLAY ITEMS FOR RETAIL SALE WHERE ONLY RETAIL SALES AND FULLY ENCLOSED INTERIOR OF THE BUILDING ARE PERMITTED.

UH, I HAVE LIVED ON AND OFF OLD ARMY ROAD MY ENTIRE LIFE, AND THIS PROPERTY HAS BEEN AN EYESORE THE ENTIRE TIME.

UH, WHEN THE OUTDOOR DISPLAY WAS PREVIOUSLY PERMITTED UNDER THE PRIOR NON-CONFORMING USE, THE APPLICANT DISPLAYED COMPLETE DISREGARD FOR HOW THEY, FOR HOW THEIR PROPERTY WAS MAINTAINED AND DEMONSTRATED THEY CARED LITTLE ABOUT BEING A GOOD NEIGHBOR, EVEN AFTER YEARS OF THE COMMUNITY REACHING OUT TO THE APPLICANT AND THE TOWN WITH CONCERNS AND GRIEVANCES ABOUT HOW THEIR BLIGHTED PROPERTY AND BUILDING REFLECTED ON THE COMMUNITY.

AND THROUGHOUT THOSE YEARS, THEY STILL, UH, MAINTAINED OPERATIONS OR AT LEAST MAINTAINED THEIR BUSINESS.

UH, THEY ALSO DEMONSTRATED A COMPLETE DISREGARD FOR THE TOWN'S PROCESSES ATTEMPTING, UH, ATTEMPTING UNPERMITTED WORK BEFORE RECEIVING A STOP WORK ORDER.

THIS PROPERTY IS IN THE VERY HEART OF EDGEMONT.

WE'RE UNDERHILL ROAD, OLD ARMY ROAD AND CENTRAL AVENUE MEET ROADS WHICH HAVE SOME OF OUR OLDEST, MOST HISTORIC AND MOST BEAUTIFUL HOUSES, WITH AN OPPORTUNITY FOR A FRESH START.

AND THE RESPONSIBILITY OF THE APPLICANT TO DEMONSTRATE IT WILL NOT NEGATIVELY IMPACT THE CHARACTER OF THE NEIGHBORHOOD AND BE A DETRIMENT TO NEARBY PROPERTIES, THE APPLICANT SHOULD NOT BE REWARDED FOR THEIR PREVIOUS BAD BEHAVIOR WITH A NEW VARIANCE, WE FINALLY HAVE AN OPPORTUNITY TO CLEAN UP THIS INTERSECTION.

AND THE RISK OF THIS PROPERTY BECOMING A JUNKYARD ONCE AGAIN IS JUST TOO GREAT.

UH, ADDITIONALLY, THE APPLICANT IS SEEKING A VARIANCE TO REDUCE THE MINIMUM NUMBER OF PARKING SPACES FROM THE 25 REQUIRED BY THE TOWN CODE TO THE NINE PARKING SPACES PROPOSED.

THE ECCS CONCERNS ABOUT THIS VARIANCE REQUEST WERE OUTLINED IN OUR LETTER DATED JUNE 20TH OF THIS YEAR.

WHILE I'LL NOT REPEAT THOSE CONCERNS TONIGHT, I WILL POINT OUT AGAIN THAT IT IS COUNTERINTUITIVE FOR THE APPLICANT TO ARGUE THAT ON ONE HAND IT NEEDS MORE STORAGE AND DISPLAY THAN THE TOWN CODE ALREADY ALLOWS, BUT LESS PARKING THAN THE TOWN CODE ALREADY ALLOWS.

IF THE APPLICANT IS NOT EXPECTING A HIGH NUMBER OF CUSTOMERS AT ANY GIVEN TIME, THEY SHOULDN'T NEED TO MAINTAIN THE HIGH QUANTITY OF ITEMS ON PREMISES AND CAN LEVERAGE THEIR NETWORK OF LOCAL SHOWROOMS TO MEET CUSTOMER NEEDS.

IF THE APPLICANT FEELS THERE'S NOT AN ADEQUATE SQUARE FOOTAGE WITHIN THE EXISTING INTERIOR OF THE BUILDING TO OPERATE THEIR BUSINESS, THE COMMUNITY AT LARGE SHOULD NOT HAVE TO SUFFER THE CONSEQUENCES.

UM, I'LL ALSO JUST POINT OUT THAT, UH, AS THE APPLICANT HAS PLAYED FAST AND LOOSE WITH HISTORY OVER THE COURSE OF THIS APPLICATION, UH, THE T-MOBILE STORE HAS NOT BEEN EMPTY SINCE 2009.

IT'S BEEN RENTED ON AND OFF.

I KNOW AT SOME POINT WITHIN THE PAST 10 YEARS, UH, LIAM MCLAUGHLIN HAD HIS CAMPAIGN HEADQUARTERS, UH, OUT OF THAT PROPERTY.

UH, IN CONCLUSION, THE EDGEMONT COMMUNITY COUNCIL RESPECTFULLY URGES THE ZONING BOARD OF APPEALS TO DENY THE REQUESTED VARIANCES BY 600 SOUTH CENTRAL AVENUE SCARSDALE, LLC.

UH, THANK YOU FOR ATTENTION TO THIS MATTER.

WE TRUST THE ZBA WILL MAKE A DECISION THAT ALIGNS WITH THE BEST INTERESTS OF THE EDGEMONT COMMUNITY.

THANK YOU.

UM, EXCUSE ME.

UH, I JUST WANT TO MAKE ONE COMMENT.

SURE.

UM, YOU HAD MADE A STATEMENT ABOUT, UM, THE RESPONSIBILITY OF THE ZONING BOARD OF APPEALS TO ENFORCE THE ZONING, UH, REGULATIONS AS THEY EXIST.

UM, THAT'S ACTUALLY THE RESPONSIBILITY OF THE BILLING DEPARTMENT AS THE ZONING BOARD OF APPEALS.

IT IS OUR RESPONSIBILITY TO GRANT VARIANCE IS WHEN FOUND NECESSARY.

SO I JUST WANTED TO MAKE SURE THAT YOU UNDERSTAND THAT WE'RE NOT HERE TO ENFORCE THANK YOU.

THE ZONING UNDERSTAND.

BUT I DO HAVE ONE QUESTION, IF YOU WOULD.

SURE.

NORMALLY WE DO THIS LATER, UH, WITH THE PROPOSAL OF A NEW SCREENING THAT THEY PUT UP, WOULD THAT BE ACCEPTABLE? I MEAN, I THINK AS, AS CHRISTIE MENTIONED WITH, WITH THE, THE CODE BEING AMBIGUOUS ON STORAGE AND DISPLAY, ULTIMATELY IF THE ZBA, UH, UH, APPROVES THE VARIANCE THE APPLICANT WOULD THEN BE ABLE TO DO.

BUT I I'M ASKING YOU PERSONALLY.

PERSONALLY, UM, I I I THINK THERE IS, THERE IS SUCH AN EROSION OF TRUST BETWEEN THE COMMUNITY AND, AND THE APPLICANT OVER THE PAST NUMBER OF YEARS THAT, UM, I I, I HAVE A HARD TIME.

OKAY.

UH, BUT IF WE DID PUT IN A STIPULATION TO THE BUILDING DEPARTMENT, AS MY COLLEAGUE HAS SAID, THAT THAT SCREENING HAD TO BE APPROPRIATE TO ENVELOPE THAT PART OF WHAT'S BEING SET ASIDE OUTSIDE OR DISPLAYED OUTSIDE, WOULD YOU BE OKAY WITH THAT? I, I MEAN, YOU KNOW, WITH, UH, DISPLAY IN THE SUMMER IS DIFFERENT FROM DISPLAYING THE WINTER AND WHY WHILE BOX WOODS SHOULD BE FULL YEAR ROUND, UM, I I THINK IT WOULD BE DIFFICULT FOR THE TOWN TO, TO ENFORCE THAT.

UM, WELL THAT'S, THAT'S ENFORCEABLE BECAUSE IT WOULD BE, IT WOULD BE WRITTEN IN THE VARIANCE THAT THEY HAVE TO MAINTAIN IT AND

[00:35:01]

IF THEY DON'T MAINTAIN IT, THEN THERE'D BE A PENALTY FOR THAT.

WELL, AND, AND, AND THEY'VE FAILED TO MAINTAIN FOR, FOR THE PAST 20 SOME ODD YEARS AND WE'VE LIVED WITH THE, THE RESULTS OF THAT.

OKAY.

THANK YOU.

MM-HMM.

.

ANYONE ELSE IN THE AU? ANYONE ANYONE ELSE IN THE AUDIENCE WANNA BE HEARD ON THIS OR MADAM CHAIR? I BELIEVE WE HAVE, UM, MADELINE OSHE.

SHE ONLINE.

THANK YOU.

MS. OSHA, ARE YOU THERE? YES.

CAN YOU HEAR ME? YES.

THANK YOU.

I HAVE TWO LETTERS TO READ.

ONE FROM, UM, THE COUNCIL OF GREENBERG CIVIC ASSOCIATIONS AND ONE FROM NINE EDGEMONT CIRCLE CHAIR PERSON FUNDING SMITH AND MEMBERS OF THE ZBA, THE COUNCIL OF GREENBERG CIVIC ASSOCIATION, AGAIN, REMIND THAT 2 85 DASH 29 1 B TWO A ONE OF THE ZONING ORDINANCE REQUIRES THAT STORES FOR THE SALE OF CONSUMER MERCHANDISE ARE TO BE FULLY ENCLOSED.

2 85 DASH THREE B STATES.

FURTHER, ANY LAND USE THAT IS NOT SPECIFICALLY PERMITTED IN THIS CHAPTER IS PROHIBITED.

SINCE DISPLAYING PRODUCTS OUTSIDE THE BUILDING IS NOT A SPECIFICALLY PERMITTED USE OF THE LAND, A USE VARIANCE IS REQUIRED.

THE WRITTEN RECORD CONTAINS NUMEROUS COMPLAINTS OVER SEVERAL YEARS ABOUT THE UNSIGHTLINESS OF THE PROPERTY.

THE CBA GRANTING A VARIANCE TO STORE AND DISPLAY PRODUCTS OUTSIDE THE BUILDING WILL NOT ENHANCE THIS INTERSECTION OR THE ADJOINING RESIDENTIAL NEIGHBORHOOD.

INDEED, GRANTING SUCH A VARIANCE WILL SET A PRECEDENT AND ENCOURAGE OTHER RETAIL ESTABLISHMENTS TO SEEK SIMILAR RELIEF.

NO ONE CAN FORGET THE CROSSROADS SIGN VARIANCE.

THE CGCA IS RESPECTFULLY ASKING THAT THE CBA UPHOLD THE ZONING ORDINANCE AND DENY THE VARIANCE.

PATIO.COM IS REQUESTING FOR OUTDOOR STORAGE AND IT'S SIGNED MADELINE OSHA CHAIR AND MADELINE, OSHA LIVES AT NINE EDGEMONT CIRCLE SCARSDALE.

AND BEFORE I BEGIN, I, I TOO HAVE LIVED IN THE COMMUNITY SINCE THE SIXTIES.

BRI SHADOW DISPLAYED PLANTS.

I DON'T REMEMBER ANYTHING OTHER THAN NURSERY PRODUCTS.

I BELIEVE A LETTER LAST MONTH OUTLINED WHAT I REMEMBERED AND HOW PATIO.COM BOUGHT THE PROPERTY.

600 CENTRAL AVENUE IS THE ONLY COMMERCIAL PROPERTY ON THE FOUR CORNERS OF CENTRAL AVENUE.

OLD ARMY ROAD, FORT HILL ROAD, UNDERHILL ROAD WITH THE DRIVEWAY OFF OF RESIDENTIAL STREET.

WHEN THEY WERE BUILT, THE COMMERCIAL BUILDINGS ON THE CORNERS OF FORT HILL AND UNDERHILL ROADS WERE DENIED DRIVEWAYS ONTO THOSE RESIDENTIAL STREETS.

THE DEVELOPER WAS ENCOURAGED TO PUT IN PLANTINGS ON THE INTERSECTION OF OLD ARMY ROAD AND NO TO SO, UH, PUT, PUT IN PLANTINGS ON THE RESIDENTIAL SIDES TO SOFTEN THE DIVISION BETWEEN COMMERCIAL AND RESIDENTIAL.

WHEN THE INTERSECTION OF OLD ARMY ROAD AND CENTRAL AVENUE WAS WHITE BY THE STATE, THE GAS STATION AGREED TO CLOSE ITS OLD ARMY ROAD DRIVEWAY AND PUT IN IMPLANTS SUCH AS THEY ARE.

YES, PATIO DOT COM'S DRIVEWAY ONTO OLD ARMY ROAD PROBABLY DATES TO THE LATE SIXTIES.

SO THE NEIGHBORHOOD IS STUCK WITH THAT.

HOWEVER, PATIO HAS NEVER MADE AN ATTEMPT AT SCREENING SUBJECTING THE NEIGHBORHOOD TO VIEWING A GENERAL MESS.

WHY SHOULD ANY AREA BE SUBJECT TO A PROPERTY CLUTTERED WITH ITEMS FOR SALE WHEN THE ZONING CODE PROHIBITS OUTSIDE RETAIL SALE OF MERCHANDISE? AND WOULDN'T YOU THINK THAT BY NOW THE APPLICANT WOULD HAVE THE PROPERTY PRISTINE AS OF 1:00 PM TODAY THERE IS STILL A SMATTERING OF DERELICT CHAIRS AND TABLES AROUND THE PROPERTY GRANTING THE VARIANCE FOR OUTSIDE RETAIL SALES SLASH STORAGE WILL HAVE A DOMINO EFFECT.

[00:40:02]

STORES TOWN WIDE WILL WANT THE SAME QUOTE, FAVORITE STORE CLOSE TREATMENT.

OUT OF RESPECT FOR THOSE OF US WHO LIVE IN THE IMMEDIATE NEIGHBORHOOD.

OUT OF RESPECT FOR OUR QUALITY OF VISUAL LIFE AND OUT OF RESPECT FOR THE ZONING CODE, PLEASE UPHOLD THAT CODE AND DENY THIS VARIANCE REQUESTS.

THANK YOU.

ANYONE ELSE? IF WE HEAR NO ONE ELSE THAT WANTS TO COMMENT, DOES THE APPLICANT HIMSELF WANT TO, UH, TRY TO ANSWER SOME OF THE CONCERNS THAT WERE RAISED? YES, I WOULD LIKE TO RESPOND.

UM, FIRST I'D LIKE TO NOTE THAT THE APPLICANT HAS MADE AN EFFORT TO IMPROVE THE SITE.

AGAIN, THE STOP WORK ORDER WASN'T ISSUED BECAUSE WE'RE MAKING THE SITE WORSE.

STOP WORK ORDER WAS ISSUED BECAUSE INTERIOR IMPROVEMENTS WERE BEING DONE TO THE SITE.

THAT WAS THE FIRST STEP TO THE IMPROVEMENTS, OVERALL IMPROVEMENTS TO THE SITE.

SECONDLY, THERE IS NO LOCATION WITH REGARD TO THE HISTORY OF THE SITE.

FOR US TO HAVE MOVED OUR, LOCATE OUR DRIVEWAY, WE'D BE IMMEDIATELY EXITING ONTO THE INTERSECTION.

IT'S JUST NOT A POSSIBILITY.

THIRD, WITH REGARD TO SCREENING, THAT'S WHAT WAS BEING PROPOSED.

NOW, UM, WE'RE NOT TRYING TO GO BEFORE THE BOARD AND SCAM THE MUNICIPALITY HERE.

WE'VE ARMED THE MUNICIPALITY WITH MULTIPLE OPPORTUNITIES HERE TO SET CONDITIONS, TO SET STIPULATIONS TO MAKE SURE THAT WHAT IS BEING PROPOSED NOW ACTUALLY GETS DONE.

UM, THAT INCLUDES THE LANDSCAPING PLAN THAT WE PROPOSED.

WE PROPOSED MULTIPLE IMPROVEMENTS ON THE SITE THAT, AGAIN, FENCING, SIGN, SIGNAGE, FACADE, AWNING.

UM, OVERALL THESE IMPROVEMENTS, SIX FIGURE IMPROVEMENTS THAT ARE BEING PROPOSED BY OUR APPLICANT.

HE'S NOT DOING SO JUST TO TRY TO SCAN MUNICIPALITY.

HE WANTS TO HAVE A REPUTABLE BUSINESS.

THE BUSINESS IS NOT GONNA BE OPERATIONAL FROM THIS SITE WITHOUT THOSE IMPROVEMENTS.

UM, AGAIN, I JUST WANT TO, WITH REGARD TO WHAT'S BEING STORED ON SITE, I JUST WANNA BE CLEAR.

NO, WE WILL NOT HAVE ANY BOX MERCHANDISE.

WHAT IS GONNA BE DISPLAYED ON THE SITE IS NOT SIMPLY STORED JUST DISPLAY.

IT'S MEANT FOR THIS IS GONNA BE A SHOWROOM.

SO WE WANT PEOPLE TO BE ABLE TO COME SEE THE MERCHANDISE THAT'S THERE.

UM, I IN THE MEANTIME, SINCE THE PUBLIC WAS SPEAKING, I WAS MESSAGING WITH A, WITH MY CLIENT AND WITH REGARD TO OFF SEASON, I THINK A QUESTION WAS RAISED, WHAT DO WE DO WITH ANYTHING THAT'S LEFT OVER IN OFF SEASON? UM, WE WILL BRING THAT INDOORS AND WHAT CANNOT BE BROUGHT INDOORS WILL BE MOVED TO THE PATIO LOCATION IN THE REAR.

UM, SO THAT WILL BE OUT OF SIGHT FROM THE MAJORITY OF THE, UH, PROPERTY.

IT WILL BE IN THE REAR IF IT'S NOT ABLE TO BE BROUGHT INDOORS.

BUT THAT WILL NOT BE FOUND IN FAR CORNERS OF THE SITE.

IT WILL NOT BE FOUND IN THE FRONT OF THE SITE.

UH, OVERALL WE FEEL THAT THIS IS A SIGNIFICANT IMPROVEMENT TO THE SITE.

IT'S NOT AN ADVERSE CHANGE TO THE NEIGHBORHOOD.

THE NEIGHBORHOOD HAS BEEN SUBJECT TO THE CONDITIONS OF THE SITE WITH THE OUTDOOR STORAGE.

UM, OTHER OUTDOOR TYPE, UM, RETAILS ALONG THE SITE ALONG, SORRY, SOUTH CENTRAL AVE.

UM, THAT INCLUDES SUCH AS BUSINESSES, SUCH AS CAR DEALERSHIPS ON THE FAR END.

UM, AND EVEN AT THE VERY MINUSCULE UM, AREA, YOU'RE TALKING ABOUT GAS STATIONS THAT MAY HAVE FIREWOOD, ICE BOXES IN THE FRONT, OTHER THAT'S AT THE LOWER END.

BUT WE BELIEVE THAT THIS IS A GOOD LOCATION FOR WHERE THIS IS.

IT'S NOT A CHANGE.

WE'RE NOT PROPOSING ANYTHING NEW WE'RE PROPOSING AS AN IMPROVEMENT TO WHAT ALREADY EXISTS.

UM, LASTLY ON THE PARKING, UM, THE PARKING VARIANCE I THINK IS MORE THAN ADEQUATE.

WE ARE NOT STATING THAT WE ARE BUILDING ANYTHING THAT REQUIRES 25 PARKING SPOTS.

25 PARKING SPOTS ARE REQUIRED FOR WHAT'S EXISTING ON THE SITE AND WHAT HAS EXISTED ON THE SITE FOR YEARS.

WE ARE SIMPLY TRYING TO LEGALIZE WHAT IS THERE, WHICH IS THE NINE SPACES WHICH WE'RE WILLING TO STRIPE AND SHOW ON THE SITE, UM, FOR BETTER SITE CIRCULATION.

IF THERE ARE ANY OTHER QUESTIONS OF THE BOARD, UM, I'D BE WILLING TO HAVE OUR CLIENT COME ON AND SPEAK TO SOME OF THE QUESTIONS YOU DID HAVE.

I THINK THERE WAS, UM, DID TAKE SOME NOTES HERE WITH REGARD TO UMBRELLAS IN THE FRONT.

UM, WHY DON'T, WHY DON'T YOU JUST DO THAT THEN? YEAH.

UM, DAVE, ARE YOU ON? HE HAS TO UNMUTE HIMSELF.

OKAY.

CAN YOU UNMUTE YOURSELF?

[00:45:21]

SORRY ABOUT THAT.

I COULDN'T FIGURE OUT NOW.

I DID.

CAN YOU HEAR ME? YES.

YES WE CAN.

OKAY.

I, IF I WOULD LIKE TO ANSWER SOME OF THE QUESTIONS AND I THANK THE BOARD FOR THE HEARING TONIGHT.

UM, IF YOU TAKE A LOOK AT THE 3D RENDERINGS THAT WE PROVIDED, AND I THINK I PROVIDED LIKE SIX OR SEVEN DIFFERENT SHOTS, YOU'LL SEE THE TRANSFORMATION AND MODERNIZATION OF BOTH THE PROPERTY AND THE BUILDING.

WE ARE PUTTING IN MORE MONEY INTO THE SITE THAN ANY OF OUR OTHER EIGHT SITES.

WE ARE DOING LANDSCAPING AND GREENERY ALL AROUND THE BUILDING AND ALL AROUND THE FENCES.

THE MERCHANDISE THAT IS, THAT WILL BE INSIDE THE PENS WILL BE LOOK LIKE THE BEST BACKYARDS IN WESTCHESTER.

THE FURNITURE WILL BE HIGH QUALITY AND GOOD LOOKING 'CAUSE THAT'S WHAT WE SELL.

AND TYPICALLY, I THINK I TESTIFIED WE USE TWO OR THREE PARKING SPOTS, BEEN THERE FOR 20 YEARS.

AND YOU CAN SEE THAT THERE WERE, THERE'S NEVER A PROBLEM PARKING IN OUR SITE.

AND YOU CAN SEE HOW THE BUILD THING LOOKS MUCH, MUCH BETTER IN THE RENDERINGS WITH ALL THE LANDSCAPING AROUND IT.

THAT'S HOW IT SHOULD LOOK.

THAT'S HOW WE WANT IT TO LOOK AND THAT'S WHAT WE'RE ASKING TO DO.

THANK YOU DAVE.

SO YOU SEE THE 12 AR IDS, OH HERE WE GO.

THEY'RE AT THE VERY BACK.

THERE'S A TOTAL OF 50 AR IE.

THAT WILL BE, UH, PLANTED AROUND THE BUILDING ITSELF.

THE BOX WOOD WILL SURROUND THE DISPLAY AREAS.

WE SELECTED BLACK FENCING TO MATCH THE FENCING IN THE BACK AND ALSO BECAUSE WHEN YOU PUT THE GREENERY AROUND IT, IT DISAPPEARS.

YOU CAN SEE HERE THAT THE AWNING THAT IS IN DISREPAIR CURRENTLY IS REMOVED FROM THE SITE.

UM, SO, AND THE FACADE IS ACTUALLY UPGRADED.

WE'RE ALSO PLANTING IN FRONT, PUTTING PLANTING IN FRONT OF WHAT IS CURRENTLY THE GARAGE DOOR.

UM, SO THAT WILL BE IMPROVED TO LOOK MORE OF A PERMANENT BUILDING, LESS OF A, A TEMPORARY FIX AS TO WHAT WE HAD PREVIOUSLY.

UM, IF YOU GO DOWN ONE MORE, I BELIEVE THAT'S, THAT IS THE LETTER THAT WE HAVE OUTLINING SOME OF THE OTHER IMPROVEMENTS IN ADDITION TO THE LANDSCAPING.

UM, THAT'S SOMETHING THAT COULD BE UTILIZED IN TERMS OF CONDITIONS AND STIPULATION, UM, THAT IS SIGNED BY THE APPLICANT HIMSELF.

UM, DAVE, I JUST WANT YOU TO SPEAK ALSO, I THINK ONE OF THE MAIN QUESTIONS WAS ASKED TO THE FURNITURE PLACEMENT, UM, AS WELL AS WHAT YOU DO WITH THE FURNITURE AT THE END OF SEASON.

SO IF YOU COULD JUST SPEAK AS TO YOUR OPERATIONS ON THAT PLEASE.

SURE, SURE.

THE FURNITURE WILL BE HIGH QUALITY FURNITURE AS IN THE BEST BACKYARDS IN WESTCHESTER.

THIS IS WHAT WE DO.

IT'S VERY HIGH END FURNITURE AND THE DISPLAYS WILL BE NICELY PLACED INSIDE THE PEN.

99% OF THE FURNITURE GETS DELIVERED FROM STANFORD DIRECTLY TO A CONSUMER'S HOUSE.

SO, UM, THE, THE SHOWROOM WILL BASICALLY NOT, IT DOESN'T HAVE A LOT OF TRUCK DELIVERIES.

WE DO ONE DELIVERY A WEEK, MAYBE TWO IN PEAK SEASON WHERE WE COME IN WITH A BOX TRUCK AND PICK UP OR DROP OFF SOME THINGS.

BUT, UM, IT'S NOT A HEAVY TRAFFIC, IT'S NOT A VERY INTENSE USE.

FURNITURE'S THE LEAST INTENSE USE AND OUTDOOR FURNITURE'S EVEN LESS INTENSE THAN THAT.

AND HIGH-END OUTDOOR FURNITURE'S EVEN LESS INTENSE THAN THAT.

SO, UM, AND SEASONALLY WHEN WE, UM, WHEN IT'S SLOWER, WE WILL HAVE LESS PRODUCT THERE.

AND I BELIEVE WHAT I SPOKE, CAN YOU JUST CONFIRM FOR ME, I TOLD DID TELL THE BOARD THAT, UM, WHEN OUT OF SEASON AND MAYBE YOU CAN PROVIDE MORE DETAIL AS TO WHAT THE OUTTA SEASON IS FOR YOU, UM, FURNITURE THAT IS THERE GOING INTO THE WINTER SEASONS WOULD BE RELOCATED TO THE REAR ALONG THE PATIO AREA.

IS THAT CORRECT? I,

[00:50:01]

I THINK THAT WE CAN'T DO ALL OF THAT, BUT WE WILL DO SOME OF THAT AND WE WILL JUST KEEP THE PLACE LOOKING AS GOOD AS IT CAN.

MOST OF THE FURNITURE YOU WON'T BE ABLE TO SEE ANYWAY BECAUSE THERE'S BOXWOOD AND ABERESE THERE.

MOST OF THE BUILDING YOU WON'T BE ABLE TO SEE 'CAUSE THERE'S AES IN BOXWOOD.

SO IT'S TAKING A SPOT THAT RIGHT NOW DOESN'T LOOK THE WAY I WOULD LIKE IT AND THE WAY IT SHOULD LOOK AND IT'S MAKING IT LOOK AS GOOD AS IT POSSIBLY COULD.

IT WILL LOOK BASICALLY LIKE PEOPLE'S BACKYARDS WITH GREENERY AROUND IT.

AND YOU DON'T SEE SO MUCH OF THE GRAY BUILDING ANYMORE.

AND WE GOT RID OF THE BLUE FACADE.

WE'VE ALREADY DONE A BUNCH OF IMPROVEMENTS TO THE BUILDING.

WE DIDN'T FINISH THEM ALL, BUT WE ALREADY DID A BUNCH.

IT USED TO HAVE A BLUE SHINGLED, UH, FAC UH, MANSARD OR ROOF AND IT'S NOW BEEN CHANGED AND GRAY AND BLACK ARE THE TWO THEMES OF THE BUILDING AND NOW GREEN.

AND IF YOU LOOK AT IT, I THINK YOU CAN'T MAKE IT LOOK ANY PRETTIER THAN THAT.

I MEAN, IF YOU WANT, WE CAN PLANT FLOWERS AROUND THE FRONT TOO, BUT THOSE WOULD BE SEASONAL.

AND I THINK THIS SHOWS MORE WHAT A PERMANENT LOOK WOULD BE.

AND I AM HAPPY TO ANSWER ANY OTHER QUESTIONS.

ANYBODY HAS ANY OTHER QUESTIONS FROM ANYONE? CAN I JUST ASK WHAT, WHAT IS PRECLUDING YOU FROM BRINGING THE OUTDOOR FURNITURE IN IN THE OFF SEASON? WE CAN BID IT ALL INSIDE AND THE SUM, THE OFF SEASON ISN'T A ZERO SEASON.

WE KEEP EMPLOYEES ON ALL YEAR ROUND.

IT IS A LITTLE SLOWER, BUT WE DO DO SALES ALL YEAR ROUND.

AND HAVING IT THERE IS IMPORTANT AND IT'S REALLY HARD TO MAKE IT IN A SEASONAL BUSINESS IN, WE HAVE A STORE IN BOCA AND THAT SELLS IT EVERY DAY OF THE YEAR.

AND IT'S LITTLE HARDER TO DO IT IN WESTCHESTER.

IT'S LIKE SELLING ICE CREAM IN WESTCHESTER.

IT'S A LITTLE HARD 'CAUSE THE SEASON SHORT AND WE DO THE BEST WE CAN AND WE'RE TRYING TO MAKE A SUCCESSFUL BUSINESS IN A WORLD THAT'S CHANGING AROUND US AND EVERYTHING'S GOING ONLINE.

OUR BUSINESS IS TRULY AN IN-PERSON STORE BUSINESS.

WITHOUT THE STORE IT DOESN'T WORK.

AND WE, WE CAN DO THAT 'CAUSE IT'S VERY HIGH END WHEN SOMEBODY BUYS A PATIO SET ON AMAZON, IT IS USUALLY NOT THE KIND OF PATIO FURNITURE WE'RE SELLING.

WE DON'T REALLY COMPETE WITH AMAZON ON PATIO FURNITURE.

WE'RE MUCH HIGHER END.

WE MORE COMPETE WITH RESTORATION HARDWARE OR RH.

ANY OTHER QUESTIONS OR COMMENTS? SO IT'S, IT'S HARD BECAUSE THERE'S NO FURNITURE IN YOUR RENDERINGS TO ACTUALLY VISUALIZE WHAT IT'S GONNA LOOK LIKE.

SO I WENT TO YOUR WEBSITE TO LOOK AT WHAT YOUR OTHER LOCATIONS LOOK LIKE.

WOULD YOU SAY IT'S GOING TO BE SIMILAR TO THOSE THAT ARE IN LIKE WESTPORT AND BECAUSE IN THOSE AREAS, THE PICTURES OF THOSE BUILDINGS, YOU'RE ACTUALLY STORING STUFF OUTSIDE AND STACKING IT.

IT'S NOT JUST DISPLAY BE.

YEAH, SO THIS WILL BE, THIS IS THE FIRST ONE THAT WE'RE COMPLETELY RENOVATING.

WE'RE PUTTING OVER A HUNDRED THOUSAND DOLLARS INTO, UM, THE, THE BUILDING AND THE LANDSCAPE AND THE FENCING AND THE FACADE.

THIS IS OUR LARGEST INVESTMENT AND WE WANTED TO LOOK MAGNIFICENT AND IT WILL LOOK MAGNIFICENT IF YOU SEE THE PICTURES, IF YOU SEE WE'RE THREE QUARTERS OF THE WAY DONE ALREADY, WE JUST NEED TO FINISH THE OTHER QUARTER AND THEN YOU'LL SEE THE DIFFERENCE.

GO COMPARE IT TO A PICTURE FROM FIVE OR 10 YEARS AGO AND LOOK AT WHAT THE BUILDING LOOKED LIKE AND NOW GO LOOK AT THE BUILDING TODAY AS YOU DRIVE BY.

THE BUILDING HAS BEEN TOTALLY CHANGED.

IT'S LIKE A BLUE BUILDING, IT'S NOW A GRAY BUILDING.

THE WINDOW TREATMENTS ARE NOW BLACK AROUND IT.

WE'VE, UH, MODERNIZED THE DOORS.

WE'VE, YOU KNOW, AND WHEN BY THE TIME WE AND WE'VE WORKED ON THE INSIDE AND BY THE TIME WE FINISH, THE PLACE WILL LOOK MAGNIFICENT.

AND THAT'S WHAT I'M ASKING TO BE ALLOWED TO BE DONE IS TO MAKE, FINISH THIS OFF WITH THE LANDSCAPE PLAN AND TO MAKE IT LOOK MAGNIFICENT.

OKAY, THANK YOU.

WELL,

[00:55:01]

HEARING NO FURTHER COMMENTS, WE WILL TAKE WHAT WE'VE HEARD THIS EVENING UNDER ADVISEMENT.

ALRIGHT, THANK YOU VERY MUCH.

YOU'RE WELCOME.

AND THE NEXT CASE IS CASE 24 13 4 50 REALTY.

GOOD EVENING ALL, UH, DIEGO VI WITH JMC.

HAPPY TO START NOW OR I WASN'T SURE IF THERE WAS ANYTHING YOU NEEDED TO START IT WITH FIRST.

CERTAINLY.

SO GREAT.

COULD YOU SPEAK UP JUST A LITTLE BIT? CERTAINLY MOVE THE, OKAY.

I JUST, AND DO YOU NEED HIS SPELLING OF HIS NAME? NO, AGAIN.

DIEGO VI WITH JMC, WE'RE THE PLANNING AND ENGINEERING CONSULTANT FOR THE APPLICANT HERE ON BEHALF OF, UH, WHITE PLAINS FOUR 50 REALTY, LLC.

UH, THEIR PROPERTY LOCATED AT FOUR 50 AND FOUR 60 TERRYTOWN ROAD.

UM, AS WE DISCUSSED AT THE LAST BOARD MEETING, JUST TO DO A QUICK RECAP, I KNOW THERE'S A NUMBER OF BOARD MEMBERS THAT WERE NOT HERE AT THE LAST MEETING.

UH, THE PROPERTY SITE IS ABOUT 1.75 ACRES IN SIZE.

IT CONTAINS TWO BUILDINGS ON IT RIGHT NOW.

UH, IT IS A SINGLE LOT.

UM, UH, ONE BUILDING IS IN THE PROCESS OF BEING RENOVATED, UH, TO OCCUPY A NISSAN DEALERSHIP.

THE SECOND BUILDING IS VACANT RIGHT NOW.

UM, THE APPLICANT HAS GONE BEFORE THE PLANNING BOARD AND PROPOSED A SINGLE, UM, LINE SUBDIVISION TO CREATE TWO INDIVIDUAL LOTS.

UH, THE PURPOSE OF THAT AGAIN IS SO THAT EACH OF THE BUILDINGS ON THE PROPERTY ARE ON THEIR OWN INDIVIDUAL LOTS.

THIS ALLOWS FOR THE SALE OF AN INDIVIDUAL PARCEL AS OPPOSED TO A LAND LEASE OR SOME OTHER TYPE OF TRANSACTION.

UH, THE OWNER OF THE PROPERTY RIGHT NOW AS DISCUSSED AT THE LAST MEETING, IS IN THE PROCESS OF OCCUPYING ONE OF THOSE BUILDINGS WITH THE NISSAN DEALERSHIP AND THEN THEY HAVE THE INTENTION OF SUBDIVIDING AND SELLING THE OTHER BUILDING, UM, TO ANOTHER USER.

UH, AGAIN, THE SUBDIVISION FACILITATES THAT WITHOUT THE SUBDIVISION, THE SALE OF THE PROPERTY CAN'T HAPPEN TO ANOTHER INDIVIDUAL.

UM, AS DISCUSSED AT THE LAST MEETING, I DO HAVE A RENDER OR I DO HAVE THE SITE PLAN, WHICH I CAN SHARE IF THAT'S OKAY.

OKAY.

SO I BELIEVE EVERYBODY SEES THE SCREEN NOW.

THIS JUST SHOWS THE PROPERTY AGAIN, THE OUTSIDE PERIMETER OF THE PROPERTY IS HIGHLIGHTED IN GREED.

TARRYTOWN ROAD IS ON THE BOTTOM PORTION OF THE PAGE.

THE SUBDIVISION ITSELF IS THAT RED LINE THAT IS LITERALLY GOING RIGHT BETWEEN THE TWO BUILDINGS.

UM, THAT IS WHERE THE NEW VARIANCES ARE BEING CREATED AS A RESULT OF THIS SUBDIVISION LINE.

THERE IS THE SIDE YARD VARIANCE THAT IS BEING CREATED AS A RESULT OF THIS.

UM, WE DID REVIEW THIS PREVIOUSLY AND I JUST AGAIN THINK IT'S IMPORTANT TO RECAP ON IT.

THE PROPERTY ITSELF.

THERE WERE SEVERAL VARIANCES THAT WERE GRANTED PREVIOUSLY.

LOT COVERAGE, BUILDING COVERAGE, THE SIDE YARD SETBACK, AS WELL AS THE, UM, THE COMBINED TWO YARD SETBACKS.

SO THERE WERE FOUR VARIANCES THAT WERE PREVIOUSLY GRANTED FOR THE PROPERTY AS A WHOLE, AND THAT WAS UNDER DECISION NINE SLASH 13.

NOW, SINCE WE'RE SUBDIVIDING THE PROPERTY INTO TWO LOTS, WE HAVE TO REAPPLY OR THOSE VARIANCES NEED TO BE REGRANTED FOR THE INDIVIDUAL PARCELS.

THEY'RE NOT NEW VARIANCES THAT ARE BEING CREATED AS A RESULT OF THE SUBDIVISION.

IT'S JUST GRANTING THE VARIANCE NOW TO THOSE INDIVIDUAL LOTS.

SO LOT ONE.

THE PROPERTY ON THE LEFT HAND SIDE, UM, REQUIRES SIX VARIANCES AS A RESULT OF THIS.

THE FIRST ONE IS FOR THE LOT COVERAGE THAT WAS PREVIOUSLY GRANTED.

THE BUILDING COVERAGE PREVIOUSLY GRANTED THE SIDE YARD SETBACK IN THIS CASE, THE LEFT HAND SIDE WAS 9.3 FEET, STILL 9.3 FEET THAT NEEDS TO BE GRANTED.

AGAIN, THE NEW VARIANCES IS ON THE RIGHT HAND SIDE, WHICH IS 9.8 AS OPPOSED TO THE 20 FEET THAT'S REQUIRED.

SO THAT IS A NEW VARIANCE.

AND AGAIN, THE COMBINED SIDE YARD, WHICH WAS APPLICABLE PREVIOUSLY IS STILL NEEDED, BUT THAT WAS ALSO GRANTED

[01:00:02]

BEFORE.

AND THEN YOUR CODE DOES NOT ALLOW US TO CREATE A NEW LOT THAT REQUIRES VARIANCES.

SO WE NEED A VARIANCE FROM THAT SECTION OF THE CODE.

SO REALLY THERE ARE TWO NEW VARIANCES THAT ARE REQUIRED AS A RESULT OF THIS, ONE OF WHICH IS RELIEF FROM THAT SECTION THAT DOESN'T ALLOW US TO SUBDIVIDE IT.

BUT THEN ALSO BECAUSE THAT LINE IS, IS, IS, IS PROPOSED RIGHT DOWN THE MIDDLE OF THE LOT, THE RIGHT HAND LOT OR LOT TWO, SAME THING.

THIS ONE REQUIRES FIVE VARIANCES BECAUSE THAT RIGHT HAND LOT LINE DOES CONFORM TO YOUR 20 FOOT SETBACK REQUIREMENT.

THAT ALWAYS WAS THE CASE AND WILL CONTINUE TO DO SO.

IT'S SIMPLY THE LEFT HAND SIDE REQUIRES THAT RELIEF BECAUSE ONLY 9.8 FEET IS PROVIDED AS OPPOSED TO THE 20 THAT IS REQUIRED.

UM, EXCUSE ME.

UM, AT THE LAST BOARD MEETING, THERE WAS A LETTER THAT CAME OUT THAT REQUESTED SOME ADDITIONAL INFORMATION.

UM, AND THERE WERE FIVE COMMENTS.

WE PROVIDED A RESPONSE LETTER TO THAT AND PROVIDED SOME SUPPLEMENTAL INFORMATION THAT WE HOPE, UH, UM, WILL HELP THE BOARD UNDERSTAND WHAT WE'RE TRYING TO ACCOMPLISH AND THE, UM, AND HOW THAT'S BEING DONE.

UM, THE FIRST ONE, UH, REALLY LOOKED AT IF THERE WAS ANY OTHER ALTERNATIVES THAT WERE EXPLORED TO THIS, UH, TO THIS PLAN THAT WOULD RE REDUCE THE NUMBER OF VARIANCES THAT ARE REQUIRED.

AND THE ANSWER IS, WE DID LOOK AT IT, IT'S REALLY WHERE THAT LINE IS GONNA BE PLACED.

WE'RE TRYING TO PUT TWO LOT, TWO BUILDINGS ON TWO INDIVIDUAL LOTS.

WHETHER THAT LOT LINE IS DRAWN IMMEDIATELY ADJACENT TO THE BUILDING ON LOT TWO OR IMMEDIATELY ADJACENT TO THE BUILDING ON LOT ONE, THE SAME VARIANCES ARE REQUIRED BECAUSE THERE'S NOT 20 FEET BETWEEN THE BUILDINGS.

SO IF THERE WAS, MAYBE WE COULD KEEP IT TO ONE SIDE AND IT WOULD ELIMINATE THE NEED FOR ONE VARIANCE, BUT REGARDLESS OF WHERE THAT LINE IS PLACED, THE SAME VARIANCES WOULD BE REQUIRED.

SO WE TRIED TO LOOK AT SOME ALTERNATIVE.

WE JUST THOUGHT THE BEST PLACE TO BE WOULD BE DOWN THE CENTER OF THAT DRIVEWAY.

AND I'M GONNA JUMP TO ANOTHER, UM, UH, COMMENT THAT WAS PROVIDED.

I'M GONNA SKIP AHEAD A LITTLE BIT, WHICH, UH, TALKS ABOUT EASEMENTS BECAUSE THAT LOT LINE IS DOWN THE MIDDLE OF THAT DRIVEWAY.

THERE, THERE IS GONNA BE AN ACCESS EASEMENT BETWEEN THE TWO PROPERTY OWNERS THAT ALLOWS THE USE OF THAT DRIVEWAY TO BOTH OF THOSE LOTS IN THE REAR.

SO IT'S NOT AN HOA THAT'S NOT GONNA BE PUT IN PLACE, IT'S JUST AN EASEMENT THAT WILL BE PROVIDED BETWEEN THE TWO PROPERTY OWNERS.

UM, NOW GOING BACK, UH, COMMENT TWO.

ANY OTHER LEGAL MECHANISMS THAT WOULD ALLOW THEM TO DO THIS? AGAIN, THE INTENTION OF THE APPLICANT OR THE OWNER OF THE PROPERTY IS TO SELL THE OTHER BUILDING.

HE HAS A DEALERSHIP THAT IS GOING INTO ONE AND THE INTENTION IS TO SELL THE OTHER PARCEL TO ANOTHER USER.

HE'S NOT INTERESTED IN HAVING TWO DEALERSHIPS OR TWO USERS LIKE THAT ON HIS OWN PROPERTY.

IT'S ONE DEALERSHIP THAT HE WILL OWN AND MAINTAIN AND THEN THE OTHER PARCEL WOULD BE SOLD OFF WITH THE INDIVIDUAL BUILDING.

UM, COMMENT FOUR.

UH, RELATED TO FUTURE IMPACT OR DEVELOPMENT POTENTIAL OF THE SITE, IT REALLY HAS NO IMPACT.

AGAIN, NO PHYSICAL IMPROVEMENTS ARE PROPOSED AS PART OF THIS SUBDIVISION.

IT'S REALLY TO FACILITATE THE SALE OF THE INDIVIDUAL LOT.

THAT'S REALLY THE GOAL, UH, OF THE APPLICATION AND THE VARIANCES IN THE SUBDIVISION ALLOWS THE PROPERTY OWNER TO DO THAT.

UM, THE BUILDINGS ITSELF, AGAIN, JUST TO REMIND EVERYBODY, ONE IS BEING OCCUPIED, THE OTHER ONE IS VACANT.

UH, THE GOAL IN OBJECTIVE IS TO REOCCUPY THESE BUILDINGS.

THE HAVING THE VACANT BUILDING WE BELIEVE IS THE DETRIMENT TO THE COMMUNITY.

IT'S NOT HAVING A VACANT BUILDING IS NOT A POSITIVE IN ANY WAY.

ALLOWING THIS SUBDIVISION TO MOVE FORWARD AND HAVING THESE PROPERTIES ON TWO INDIVIDUAL LOTS, AGAIN, AS WE DISCUSSED LAST TIME, INCREASES THE VIABILITY OF THAT INDIVIDUAL LOT AND ALLOWS THEM TO SELL IT AND HOPEFULLY REOCCUPY IT MUCH SOONER RATHER THAN LATER.

THAT WE BELIEVE IS A POSITIVE, NOT A DETRIMENT TO THE COM COMMUNITY.

HAVING BOTH OF THESE BUILDINGS OCCUPIED, IMPROVED, VIBRANT AND ACTIVE, WE BELIEVE IS A POSITIVE ALONG THIS CORRIDOR AND THE FRONTAGE OF TARRYTOWN ROAD.

AND THEN FINALLY, UM, OTHER COMPARABLE EXAMPLES.

UM, THERE WAS ONE, IRONICALLY OUR OFFICE HAD WORKED ON THAT APPLICATION, UH, PREVIOUSLY AS WELL.

IT'S CASE 12 DASH 34.

AND IT WAS VERY SIMILAR WHAT WAS DONE.

WE PROCESSED AN APPLICATION WITH THE ZONING BOARD FIRST WITH THE PLANNING BOARD FOR A TWO LOT SUBDIVISION WHERE THERE WERE TWO PRINCIPAL BUILDINGS OR TWO BUILDINGS ON THE LOT.

AND A SUBDIVISION WAS PROPOSED AND VARIANCES WERE REQUIRED AS A RESULT OF THAT.

UM, FAR PARKING AND THAT VARIANCE FROM THAT PROVISION WHERE YOU CAN'T SUBDIVIDE A LOT AND CREATE A NON-CONFORMING LOT.

SO THOSE VARIANCES WERE GRANTED.

UH, AGAIN, 12 DASH 34, THE CASE NUMBER WAS PROVIDED AND A COPY OF THAT DECISION WAS INCLUDED IN THE APPLICATION.

AND IT WAS VERY, VERY SIMILAR IN THE SENSE THAT

[01:05:01]

IT WAS A SUBDIVISION, NO PHYSICAL IMPROVEMENTS.

IT WAS AGAIN, TO ALLOW THE FAC TO FACILITATE THE SALE OF THE INDIVIDUAL PARCELS, UH, TO TWO DIFFERENT ENTITIES.

UM, AND AGAIN, LASTLY, JUST TO REITERATE AGAIN, THE, THE GOAL AND THE OBJECTIVE OF THE APPLICANT IS TO REOCCUPY THESE BUILDINGS AS QUICKLY AS POSSIBLE.

THEY'VE BEEN VACANT.

UM, ONE IS IN THE PROCESS OF BEING RENOVATED AND WILL BE REOCCUPIED VERY, VERY SHORTLY.

UM, AS PART OF THIS SUBDIVISION APPLICATION, UH, THE PLANNING BOARD, UM, IS PUTTING A CONDITION IF, AND SO THIS MOVES FORWARD BACK TO THEM, UH, THAT IT RE REQUIRES SOME ADDITIONAL LANDSCAPING BE INSTALLED ALONG THE FRONTAGE OF THE PROPERTY.

THAT WAS A COMMITMENT THAT WAS DONE PRIOR TO, UH, OUR PROPERTY OWNER, OWNER, THE OWNING THIS APP, UM, THESE INDIVIDUAL LOTS.

THAT WAS A COMMITMENT MADE PREVIOUSLY, BUT AGAIN, THE BUILDINGS WERE NEVER OCCUPIED, SO THOSE IMPROVEMENTS WERE NEVER CONSTRUCTED.

THE APPLICANT IS PROPOSING TO AGAIN, INSTALL THAT LANDSCAPING THAT WAS PROPOSED AS PART OF THAT PRE PREVIOUS APPLICATION.

NO OTHER PHYSICAL IMPROVEMENTS ARE BEING DONE.

IT'S JUST RELANDSCAPING THE FRONTAGE OF THE PROPERTY.

SO AGAIN, THERE'S NO ADDITIONAL ENVIRONMENT.

THERE'S, THERE'S NO ENVIRONMENTAL IMPACTS.

THE PROPERTIES ARE REMAINING EXACTLY AS THEY ARE NOW, EXCEPT THEY'RE GONNA BE REOCCUPIED AND, UM, REVITALIZED.

BUT THERE ARE NO PHYSICAL ENVIRONMENTAL IMPACTS THAT ARE BEING CREATED.

THERE'S NO, UH, DETRIMENTS THAT ARE BEING CREATED.

IF ANYTHING, AGAIN, WE BELIEVE THAT THIS WOULD BE A POSITIVE FOR THE COMMUNITY ALONG THE FRONTAGE OF THIS PROPERTY.

SO HOPEFULLY HAPPY TO ANSWER ANY ADDITIONAL QUESTIONS AND HOPEFULLY THAT PROVIDES THE BOARD THE ADDITIONAL INFORMATION THAT THEY WERE LOOKING FOR WITH RESPECT TO ACCESS TO THE AIR REAR OF THE PROPERTY.

MM-HMM.

, IS THAT SOMETHING THAT IS BEING DONE THROUGH THE BUILDINGS OR THROUGH THE, UH, EASEMENTS THAT YOU REFERRED TO? IT'S BEING DONE.

IT'S BETWEEN THE TWO.

IT'S GONNA BE ON THE EASEMENTS THEMSELVES, SO THE DRIVEWAY WOULD CONTINUE TO OPERATE AS IT DOES NOW.

SO YOU CAN DRIVE BETWEEN THE TWO BUILDINGS AND ACCESS THE BACK PORTION OF THE PROPERTY.

COULD YOU TELL ME HOW THAT'S GONNA BE DONE WITHOUT, I MEAN, ONCE IT GETS DIVIDED AND YOU HAVE DIFFERENT USES, IS IT A ONE WAY OR ONE AREA? NO, IT CONTINUES TO ACCESS, IT'S, IT'S JUST UNDER 20 FEET WIDE, AND THAT WOULD BE THE DRIVEWAY THAT PROVIDES ACCESS TO THE BACK.

THERE'S NO PROPOSAL TO SHRINK THE AREA BETWEEN THE TWO BUILDINGS.

THERE'S NOTHING.

THERE'S ALSO, UM, THE RIGHT HAND SIDE AS WELL.

SO THE DRIVEWAY WOULD REMAIN AS IT DOES TODAY.

WHEN YOU SAY THE RIGHT HAND SIDE, YOU'RE TALKING ABOUT LOT ONE OR LOT TWO, EXCUSE ME.

LOT TWO.

THAT RIGHT HAND SIDE THERE OF THE BUILDING.

YEAH, THERE'S THAT DRIVEWAY AS WELL.

SO WOULD YOU HAVE AN EASEMENT ON THAT FOR SAY, LARGER VEHICLES, BRINGING IN PARTS OR ANYTHING OF THAT NATURE? UH, IT'S A VALID POINT.

THAT'S SOMETHING WE WOULD DISCUSS WITH THE PLANNING BOARD FOR SURE, TO MAKE SURE THAT ACCESS WOULD BE PROVIDED TO THE BACK PORTION OF THE PROPERTY.

, ANY OTHER QUESTIONS? YES, I, I, I'VE ACTUALLY BEEN DOING A LOT OF THINKING ABOUT THIS ONE.

UM, CAN YOU TELL ME WHAT IS THE NATURE OF HOW NISSAN IS ON LOT ONE, IS THAT A LAND LEASE? IS THAT A LEASE IS, THAT'S THE CURRENT PROPERTY OWNER.

IT'S HIS DEALERSHIP, AND HE IS OCCUPYING THAT BUILDING WITH ONE OF HIS DEALERSHIPS IN THAT LOCATION.

OH, OKAY.

HE OWNS THAT BUILDING.

HE OWNS THAT, HE OWNS THE ENTIRE PROPERTY AND HE WA HE'S OCCUPYING IT WITH HIS NISSAN DEALERSHIP FRANCHISE.

THEN THE INTENTION IS TO SUBDIVIDE IT AND SELL THE OTHER BUILDING.

SO, SO HE'S ONLY, HE'S TRYING TO SELL ONE PROPERTY, CORRECT? YES.

OKAY.

YES, JUST THE ONE.

OKAY.

HE WOULD OWN AND OPERATE THE NISSAN DEALERSHIP THAT IS CURRENTLY UNDER CONSTRUCTION, AND I'M TRYING TO UNDERSTAND, I, I KNOW THERE ARE PICTURES.

IT'S, BUT IT'S, I'M NOT SURE WHICH ONE IS LAW, WHICH IS BUILDING ONE AND WHICH IS BUILDING TWO.

UM, THEY LOOK, ONE OF THEM LOOKS LIKE, ESSENTIALLY IT IS A CINDER BLOCK KIND OF SHELL OF A BUILDING.

OKAY.

IS THAT BUILDING ONE OR BUILDING TWO? I'M NOT SURE WHICH PICTURES YOU'RE REFERRING TO.

I WOULD HAVE TO SEE IT.

AH, WHEN YOU'RE FACING THE TWO BUILDINGS, THE LEFT HAND SIDE IS BUILDING, UH, ALL THIS SAYS IS SITE FROM THE EAST ON TARRYTOWN ROAD.

OKAY.

I'LL LOOK AT IT REAL QUICK.

IS THAT THE DOCUMENT THAT WAS SUBMITTED? UH, YEAH.

YEAH.

BEAR WITH ME ONE SECOND AND I'LL JUST LOOK AT IT.

I JUST WANNA MAKE, THAT'S WHY I'M HAVING THE SAME CONFUSION.

I WILL, I JUST WANNA MAKE SURE I'M LOOKING AT WHAT YOU'RE LOOKING AT.

AND THEN IT'S THE ONE THAT'S NOT A PAINTED BUILDING.

IT DOESN'T LOOK LIKE A, IT JUST, YOU CAN SEE THROUGH TO THE CEILING.

I DON'T, I DON'T KNOW IF IT'S A GLASS CEILING OR OPEN TO THE SKY OR IT'S A BUBBLE.

IT'S FOUR 60 THAT, SO THAT'S THE ONE THAT'S BEING RENOVATED.

THAT IS THE LEFT HAND BUILDING.

THAT'S LOT ONE.

SO THAT'S A LOT ONE FROM, YEAH, IF YOU'RE LOOKING AT THE PLAN, AND I'M HAPPY TO SHARE IT AGAIN.

YEAH.

YEAH.

FOUR 60 IS

[01:10:01]

LOT ONE, WHICH IS THE LEFT HAND SIDE.

THAT'S LOT TWO.

OKAY.

YEAH.

SORRY.

THAT'S THE ONE THAT'S UNDER CONSTRUCTION WITH THE FENCE AROUND IT.

THAT'S LOT ONE.

OH, THIS LEFTHAND SIDE.

OH, IT ACTUALLY LOOKED LIKE THIS WAS THE ONE, LIKE LOT TWO LOOKS MORE OCCUPIED THAN LOT ONE.

OKAY.

IT'S JUST 'CAUSE THE VEHICLE'S PARKED IN FRONT OF IT.

THAT'S IT.

IAND, THE BUILDING IS VACANT.

AND AGAIN, UM, YOU KNOW, TO ASK FOR A VARIANCE IS A, IS A PRETTY BIG DEAL.

AND YOU'RE SAYING THE REASON YOU'RE DOING THAT IS YOU CAN'T DO A LAND LEASE OR YOU DON'T WANT TO DO A LAND LEASE? IT'S THE, AGAIN, THE OWNER OWNER OWNS A CAR DEALERSHIP.

HE IS NOT IN THE BUSINESS OF BEING A LANDLORD FOR ANOTHER CAR DEALERSHIP OR ANOTHER USE ON THE PROPERTY.

IT'S HIS DEALERSHIP THAT HE IS GONNA OWN AND OCCUPY, AND HE WANTS TO SELL THE PROPERTY TO ANOTHER INDIVIDUAL THAT WOULD OCCUPY THAT BUILDING.

IS THERE A, IS THIS A A WISHLIST THING OR IS THERE A, AN A, A BUYER LINED UP THERE? THERE IS A POTENTIAL BUYER LINED UP THAT WOULD PURCHASE THE PROPERTY, NOT LEASE IT.

SO IT ESSENTIALLY, IT COULD FACILITATE THE FAILURE OF THAT TRANSACTION AND THEN THE BUILDING COULD REMAIN UNOCCUPIED ESSENTIALLY.

AND DO WE HAVE DOCUMENTATION OF THAT? NO, I DON'T HAVE THAT.

THAT'S JUST, AGAIN, IT'S NOTHING FORMAL AT THIS POINT.

THE ONLY APPLICATION THAT'S BEEN MADE THAT'S FORMAL BEFORE THIS BOARD IS THE SUBDIVISION APPLICATION AND THE NISSAN DEALER AT SHIP APPLICATION.

RIGHT NOW, THE OWNER IS IN THE PROCESS OF SUBDIVIDING THE LOT TO BE ABLE TO FACILITATE THAT SALE.

AND JUST IN, IN, UM, PROPOSED LOT TWO MM-HMM.

, UM, WHICH IS, UH, THE BUILDING ON LOT TWO AGAIN, CAN YOU DESCRIBE THE INSIDE OF THAT BUILDING TO ME AT ALL? WAS IT EVER OFFICES, WAS IT EVER DIVIDED OR, OR WAS IT A WAREHOUSE SPACE? I BELIEVE IT WAS A CAR DEALERSHIP BEFORE AS WELL.

I BELIEVE I, I DO NOT RECALL THE LAST DEALERSHIP THAT WAS THERE MANY, BUT MY, THERE WAS THERE MANY.

THANK YOU.

THANK YOU, SIR.

MY RECOLLECTION WAS IT WAS A CAR DEALER.

THESE BUILDINGS HAVE BEEN OCCUPIED AS CAR DEALERSHIPS PRIMARILY.

THERE'S BEEN A COUPLE THAT HAVE COME AND GONE.

UM, RIGHT NOW NISSAN AGAIN IS GOING INTO THAT BUILDING THERE AND THE RIGHT HAND SIDE, THE INTENTION IS TO HOPEFULLY OCCUPY IT WITH ANOTHER CAR DEALERSHIP.

AND I GUESS MY FINAL QUESTION, IS IT WITH THE, WITH WHAT LOOKS TO BE A SIGNIFICANT RENOVATION GOING ON YES.

IN THE NISSAN SECTION LOT, LOT ONE AS YOU'RE CALLING IT.

UM, WAS THERE EVER ANY THOUGHT MADE TO MAKE THAT SO YOU DIDN'T NEED SO MANY VARIANCES IF YOU'RE REDOING, I MEAN, IT LOOKS LIKE REALLY NEW WALLS AND EVERYTHING ELSE, AND I'M JUST CURIOUS WHY WHEN YOU REBUILT IT, THERE WAS NO THOUGHT MADE INTO MAKING IT SO IT WOULD BE IN COMPLIANCE.

THE, THE INTENTION WAS TO WORK WITHIN THE BUILDING THAT WAS THERE.

THEY MAY BE RENOVATING IT.

THAT'S SOMETHING THAT THEY WORKED WITH ON THE BUILDING DEPARTMENT WITH.

UM, THERE'S ONLY CERTAIN RENOVATIONS THAT THEY COULD MAKE BEFORE IT'S CONSIDERED A COMPLETE DEMOLITION AND RECONSTRUCTION.

BUT IF THEY WERE TO DO THAT, THEY WOULD HAVE TO DO A COMPLETE DEMOLITION AND IT WOULD REQUIRE A MUCH SMALLER BUILDING, OBVIOUSLY WITH THE LARGER SETBACKS, REDUCED COVERAGE AND OTHER THINGS LIKE THAT.

SO THEY WERE WORKING WITHIN THE CONFINES OF THE EXISTING BUILDING AND THE EXISTING VARIANCES THAT WERE PREVIOUSLY GRANTED ON THE PROPERTY.

IS THERE ANYONE ELSE WHO'S OUT THERE? AGAIN, HAPPY TO ANSWER ANY OTHER QUESTIONS IF THE BOARD HAS ANYTHING.

ALL RIGHT.

COME ON UP ON UP.

GREEN GREENBERG FOR YEARS AND YEARS, I'M LOSING MY VOICE.

RELIED ON AUTO DEALERSHIPS FOR A GOOD DEAL OF THEIR TAXES.

THAT'S OVER EXAMPLE OF A STATE FLIGHT WHO PUTS IN WINDSHIELDS.

THEY SEND THE CAR TO YOUR DRIVE, TO YOUR DRIVEWAY, AND THEY CHANGE THE WINDSHIELD RIGHT IN YOUR DRIVEWAY.

THERE IS A REAL TRANSITION TO ELECTRIC VEHICLES, LIKE IT OR NOT.

THEY'RE COMING FOR NUMEROUS REASONS AND GREENBERG IS GOING TO LOSE A LOT OF TAX REVENUE AS THESE DEALERSHIPS SHRINK AND CLOSE.

[01:15:01]

WHAT THEY'RE DOING IS VERY SIMILAR TO WHAT, AS IN WESTCHESTER, THEY HAVE DEALERSHIP SHOWROOMS RIGHT IN THE MALL BECAUSE THEY WANT TO HIGHLIGHT THE CAR.

WHAT THEY APPEAR TO BE DOING IS RECOGNIZING THE FACT THAT LIKE PATIO.COM, THEY'RE GOING TO HAVE AN AREA WHERE PEOPLE COME IN, VIEW THEIR PRODUCT AND THEN ORDER IT TO BE DELIVERED IN A DIFFERENT PLACE.

THAT'S COMING ALL OVER.

GREENBERG HAS VERY HIGH PRICED BUILDINGS TO SELL CARS AND OF COURSE EVERY BUYER AND EVERYBODY ELSE A COUPLE OF THOUSAND DOLLARS BECAUSE THEY'RE LIMITED TO REQUIRE YOU TO BUY A CAR FROM A DEALER.

IN NEW YORK STATE, MANY STATES HAVE STARTED TO HAVE RIGHT TO REPAIR LAWS WHERE THE INFORMATION TO REPAIR THE CAR IS ONLINE AND YOU ARE NO LONGER REQUIRED TO GO TO A DEALER TO HAVE YOUR CAR FIXED.

THAT'S A NEW CONCEPT, BUT IT'S COMING FAST.

AND THE PROBLEM THAT YOU WILL BE DEALING WITH IN THE FUTURE, AND IT'S NOT TOO FAR AWAY, IS THESE BIG DEALERSHIP BUILDINGS THAT THEY'VE BEEN BUILDING IN THE LAST COUPLE OF YEARS WILL BECOME VACANT.

AND HOW WILL YOU USE THEM? THEY WERE BUILT FOR CARS TO BE ON A SECOND AND THIRD FLOORS.

I GET REQUESTS FROM MY DEALERSHIP, FROM MY CARS, I COME BRING IT TO THE DEALER, WHICH IS COSTLY TO SAY THE LEAST MONEY IS GETTING TIGHT.

AND MORE PEOPLE AND MORE PEOPLE ARE FINDING SKILLED LOCAL MECHANICS BECAUSE THE INFORMATION IS NOW AVAILABLE WHERE IT WAS CONFINED BEFORE.

SO YOU CAN GO TO YOUR LOCAL MECHANIC WHO YOU CAN BECOME FRIENDS WITH.

I ALWAYS WAS WHEN I WAS YOUNGER, PATIO.COM SHOWED YOU WHAT A SHARE SALES ROOM LOOKS LIKE.

THIS IS COMPAT COMPARABLE TO WHAT THEY'RE DOING.

THEY'RE CREATING A SALES ROOM WHERE YOU CAN COME TRY TO CAR SEAT IN IT, AND THEN IT'LL BE DELIVERED, I PRESUME SOMEWHERE ELSE.

GREENBERG'S GONNA HAVE A TOUGH TIME REPLACING THE INCOME FROM THESE DEALERSHIPS BECAUSE IT'S CHANGING FAST, FASTER THAN ANYBODY REALIZES.

THE PLANS FOR BATTERIES ARE BEING BUILT ALL OVER THE UNITED STATES BY COMPANIES FROM ALL OVER THE WORLD.

AND IT'S TAKING TIME TO GET THE INFRASTRUCTURE UP TO SPEED THE, UH, THROUGH AWAY AND OTHER PLACES THAT ARE HAVING PLACES TO REFILL YOUR ELECTRIC CAR.

I WON'T BE HERE TO SEE IT, BUT SOME OF YOU WILL STILL SEE IT.

AND A REAL CHALLENGE TO THIS BOARD AND THE GREENBERG IS TO UPDATE HOW THEY DEAL WITH THE CHANGING ECONOMY AND THE CHANGING WORLD.

I WISH YOU LUCK.

ANY OTHER COMMENTS? ALL RIGHT.

NO, NOT UNLESS THERE'S ANY OTHER QUESTIONS FROM THE BOARD.

APPARENTLY NOT.

THANK YOU.

THANK YOU.

YOU'RE WELCOME.

MAY I JUST QUICKLY INQUIRE, UH, YOU SEEM TO HAVE SEAT OVER ITEM NUMBER FOUR.

YES.

MATTHEW DUDLEY OF HARRIS BEACH, COUNSEL FOR 5 29 CENTRAL PARK AVENUE.

LLC.

YES.

I I RECOGNIZED THAT, UM, YOUR CASE HAS BEEN CLOSED FOR DECISION ONLY TO THE MEETING OF JULY 18TH, WHICH IS THIS EVENING.

HOWEVER, THAT'S THE ONE THAT HAS TO BE REOPENED.

AND BECAUSE NEW MATERIAL CAME IN AND I HAD SAID IF THERE WAS SOMETHING, THERE'S SOMEONE HERE WHO WANTED TO COMMENT ON THESE CASES THAT WE'RE, WE'RE NOT GOING TO DISCUSS IT TONIGHT SIMPLY BECAUSE IT HAS TO BE RENO BECAUSE THERE'S OTHER VARIANCES THAT THAT NEED TO BE ADDED.

BUT THE BUILDING INSPECTOR ISSUED A MEMORANDUM ON TUESDAY, I BELIEVE, OF THIS WEEK, STATING THAT NO FURTHER AREA VARIANCES WERE NEEDED.

I'LL LET THE BUILDING INSPECTOR COMMENT ON THAT.

YEAH, THERE, THERE ARE NO FURTHER VARIANCE THAT ARE NEEDED FOR 5 29.

1 54 NORTH NEEDED MORE VARIANCES.

OKAY.

I THINK ON THIS ONE IS WE DID NOT HAVE THE LATEST

[01:20:01]

PLANS FROM THE PLANNING BOARD.

SO I THINK THAT WAS WAS ABOUT THAT WAS PART OF IT.

YEAH.

YEAH, THAT WAS PART OF IT.

OKAY.

AND THAT, THAT WAS WHY WE WERE LOOKING AT REOPENING IT.

'CAUSE THAT ESSENTIALLY IS NEW DATA, SO WE WOULDN'T BE ABLE TO ACTUALLY LOOK AT THAT UNLESS WE REOPEN IT.

IF I JUST, UH, RESPECTFULLY THAT THIS IS A, UH, A VARIANCE FOR LESS THAN THE MINIMUM REQUIRED OFF STREET PARKING SPACES.

NOTHING WITHIN ANY SUBSEQUENT PLANS THAT HAVE BEEN SUBMITTED TO THE PLANNING BOARD AS PART OF THE AMENDED SITE PLAN AND SPECIAL PERMIT APPROVAL HAVE CHANGED THE NUMBER OF SPACES ON, ON, ON THE PARKING, UH, ON THE PARKING LOT.

THAT THIS IS A SITE THAT'S FULLY DEVELOPED ALREADY.

ALL THE SPACES ARE THERE NOW.

WE'RE SIMPLY SEEKING TO REDUCE OR INCREASE THE CAP OF FULL-TIME EQUIVALENT CHILDREN PERMITTED TO, UH, ATTEND THE DAYCARE CENTER THAT'S THRIVING.

AND CURRENTLY THE CAP IS AT 105 CHILDREN AND WE WOULD LIKE TO RAISE IT TO 152 CHILDREN.

UH, HOPEFULLY, UM, YOU KNOW, BEFORE THE SEPTEMBER SCHOOL YEAR STARTS, UH, NOTHING HAS CHANGED WITH RESPECT TO, TO THE NUMBER OF PARKING SPACES ON THE PLAN IN, IN THE PLANS THAT HAVE BEEN SUBMITTED TO THE PLANNING BOARD.

UH, IN FACT, LAST NIGHT AT THE PLANNING BOARD'S MEETING, THEY SAID THEY COULDN'T DECIDE THEIR APPLICATIONS UNTIL THIS BOARD DECIDES THE, UH, APPLICATION FOR AN AREA VARIANCE.

I MEAN, I DON'T HAVE A FULL UNDERSTANDING OF WHAT IT IS THAT IS THAT IS COMING IN.

SO IF ANYONE ELSE HERE WANTS TO SPEAK WITH RESPECT TO THAT, I'D APPRECIATE IT.

I THINK THE ISSUE WAS THAT THERE WAS A REVISED SITE PLAN THAT THE PLANNING THAT WAS RECENTLY GIVEN TO THE PLANNING BOARD THAT THEN WAS NOT FORWARDED TO THE ZONING BOARD BEFORE WE MADE OUR DECISION.

UM, SO I THINK THE IDEA WAS TO HAVE EVERYBODY HAVE THE SAME SET OF PLANS THAT WE WERE REFERRING TO FOR OUR DECISION.

UM, DOES IT, BECAUSE THE PLAN HAS TO BE NOTED IN THE AGENDA AND NOTICED WE CAN'T JUST RELY UPON, BUT IS, ISN'T THERE, DON'T THE TWO BOARDS RUN PARALLEL AND, UH, MIGHT THERE BE SOMETIMES CHANGES TO A, A PROPOSED SITE PLAN, UH, WHILE AN APPLICATION BEFORE YOUR BOARD FOR AN AREA OF VARIANCE IS PENDING AND IS SOMETIMES THE AREA OF VARIANCE DECI DECIDED PRIOR TO THE FINALIZATION OF THE SITE PLANS? IF, IF WE HAVEN'T SEEN THE NEW SITE PLAN, WE DON'T KNOW IF THAT'S TRUE.

WE CAN'T JUST, YOU CAN SAY IT AND WE, THAT'S VERY NICE THAT THERE'S NO CHANGE.

IF WE DON'T SEE IT IN A LEGAL DOCUMENT, THAT'S VERY HARD FOR US TO MAKE A LEGAL DECISION.

AND IS THAT, IS THAT PLAN THE ONE THAT WAS NOTICED, IS IT SIMILAR? NOT SIMILAR, IS IT NOTHING HAS CHANGED WITH RESPECT TO THE PARKING SPACES? WELL, I, WE DUNNO THAT.

OKAY.

SO, SO JUST A QUESTION JUST FOR ME BECAUSE I WAS AT THE LAST MEETING.

IT IS WRITTEN HERE, YOU'RE MOVING FROM 105 POTENTIAL STUDENTS TO 152.

IS THAT THE REASON FOR THE PARKING CHANGE? CORRECT.

THE, THE NUMBER OF STUDENTS IN THE ASSOCIATED STAFF FOR THE DAYCARE CENTER IS DRIVING THE DRIVES, THE NUMBER OF PARKING SPACES REQUIRED FOR, FOR THE DAYCARE CENTER.

OKAY.

AND WAS THAT PART OF THE ORIGINAL PLAN? 152.

152 WAS IN 2020 WHEN WE APPLIED TO BOTH YOUR BOARD AND THE, AND THE PLANNING BOARD FOR APPROVALS.

UH, 152 WAS THE GOAL, BUT AT THAT TIME WE AGREED TO CAP THAT NUMBER AT 105.

AND AT, AT THE POINT WHERE WE REACHED CLOSE TO 105, PROVIDE AN UPDATED SITE-WIDE UTILIZATION STUDY, UH, PARKING UTILIZATION AND TRAFFIC UPDATE STUDY.

UH, AND AT THAT TIME, THE, THE TOWN BOARDS WOULD RECONSIDER, UH, REMOVING THAT CONDITION FROM THE PRIOR APPROVALS.

OKAY.

AND THE CFO AND EVERYTHING ELSE, THAT'S ALL BEING TAKEN CARE OF BY PLANNING AND FIRE AND EVERYONE ELSE? CORRECT.

THE, THE SITE'S BEEN FULLY OPERATIONAL FOR ALMOST TWO YEARS NOW.

GOT IT.

OKAY.

SO I GUESS I'M JUST WONDERING, ARE YOU SIMILARLY MOVING TO REOPEN THE PUBLIC HEARING TONIGHT AS YOU DID FOR THE CHICK-FIL-A APP APPLICATION? UM, NO, I DON'T.

NO.

YES.

YEAH, WE ARE, WE'RE PLANNING, WE HAVE TO, YEAH, WE HAVE TO, WE TAKE A NEW, THE IDEA WAS TO REOPEN THE HEARING TO RECEIVE THE NEW SITE PLAN AND THEN YOU'RE OPPOSING IT.

BUT WE DON'T HAVE, UH, IN MY OPINION, AT LEAST A SOLID BASIS TO, UH, SAY THAT YOU'RE CORRECT.

AT THE LAST HEARING, I BELIEVE, UM, I KNOW THAT SOMEONE BROUGHT UP THAT WE DID NOT HAVE A CORRECT AS-BUILT AND WE DID NOT RECEIVE ANYTHING YET.

[01:25:01]

RIGHT? CORRECT.

THAT ACCURATELY DOES THAT, SO THIS IS NOT EXACTLY NEW INFORMATION.

IF, IF THAT WAS SAID AT THE LAST MEETING, WHY WAS THE PUBLIC HEARING CLOSED? WE DIDN'T HAVE ANY INFORMATION TO DEMONSTRATE THAT THAT WAS THE CASE.

IT WAS CLOSED, BUT NOW NEW INFORMATION WAS BROUGHT IN FRONT OF THE BOARD, WHICH REQUIRES US TO REOPEN SO THAT WE CAN PUT THAT NEW SITE PLAN INTO OUR RECORD.

SO IT'S IMPOSSIBLE FOR THIS BOARD TO APPROVE THE AREA VARIANCE CONDITIONED UPON THE SUBMITTAL OF A, OF AN UPDATED FINAL SITE PLAN ONCE, YOU KNOW, BUT IT HAS TO BE NOTICED.

THAT'S THE PROBLEM.

SO WE CAN'T JUST LOOK AT A NEW SITE PLAN TONIGHT AND, AND TAKE IN INFORMATION UNLESS WE NOTICE IT TO THE PUBLIC.

I'LL JUST MAKE A REPRESENTATION FOR THE RECORD THAT, THAT THE PARKING SPACES HAVE NOT CHANGED SINCE THEN.

NO, WE BELIEVE WE, WE BELIEVE THAT THAT MAY BE TRUE, BUT WE DON'T HAVE ANYTHING TO SUPPORT IT.

I OBJECT FACTS ARE NOT QUITE THE SAME.

YOU'RE NOT ON THE MIC.

I WAS AT THE MEETING.

YOU'RE NOT ON THE MIC.

YOU HAVE TO ON THE MIC.

I'M SORRY.

AND WHEN YOU SAY YOU THERE, THERE IS, HOLD ON A SECOND.

WHEN YOU SAY YOU WERE AT A MEETING, WHAT MEETING WERE YOU REFERRING TO? PLANNING BOARD LAST NIGHT.

WE'RE HAVING A WHOLE DISCUSSION WHERE THIS CAME UP.

THERE ARE CHANGES THAT WAS SAID TO ME IN REGARD TO THE CROSSWALKS IN PARTICULAR THAT THEY WERE GOING TO INVESTIGATE.

THEY TOOK THE NAME, THEY TOOK THE DOCUMENT WHERE IT HAD TO BE RE WHERE THE INFORMATION WAS.

AND FOR HIM TO SAY THAT THERE ARE NO SUBSTANTIAL PLANS, CHANGES IN THE PARKING IS WRONG.

I WAS THERE, THERE'S A CAMERA RECORDING IT.

YOU CAN LOOK AT THE ESTIMATES MEETING AND THEY ARE GOING TO LOOK AT THE CROSSWALKS AND CHANGE THEM BECAUSE THEY'RE NOT THE SAFEST CROSSWALKS FOR GREENBERG, THAT WAS A BREAKTHROUGH AND SOMEBODY FINALLY LOOKING AT IT, THERE ARE SUBSTANTIAL CHANGES.

YOU NEED TO SEE THE CHANGES AND REVISED DOCUMENT, AND THAT HAS TO GO TO A PUBLIC HEARING.

WITHOUT THE CHANGE AND UPDATED PARKING DIAGRAMS, YOU CANNOT APPROVE IT BECAUSE I WILL SHOW THAT THE SAFEST FOR GREENBERG IS A DIFFERENT DESIGN THAT THEY HAD LAST NIGHT.

THANK YOU.

I'LL REPEAT NONE THAT, THAT THERE'S THE SAME AMOUNT OF PARKING SPACES IN THE FIRST PLAN AS THE REVISED PLAN.

HE'S SPEAKING, MR. BOWDEN IS SPEAKING TO THE CROSSWALK.

I'M SPEAKING TO THE NUMBER OF PARKING SPACES FOR WHICH THIS AREA VARIANCE IS BEING SOUGHT.

CAN WE STOP? IF YOU GO OPEN THE HEARING, I HAVE A RIGHT TO COMMENT ON IT AS TO THE PARKING SPACES AND ANYTHING ELSE.

THE HEARING IS OPEN.

I GET A CHANCE TO SPEAK.

IT'S NOT RESTRICTED, RESTRICTED TO WHAT HE WANTS TO SAY.

IT'S A PUBLIC HEARING.

I'M THE PUBLIC AND I WAS JUST CORRECTING THE RECORD BECAUSE THERE ARE NO CHANGES TO THE NUMBER OF PARKING SPACES.

WE UNDERSTAND THAT.

BUT , UM, SHALL, SHALL WE MAKE IT CLEAR THAT THIS CASE IS STILL CLOSED UNTIL WE WE OPEN IT.

AND I DON'T THINK WE'RE GOING TO CHANGE OUR MINDS IN TERMS OF REOPENING IT ONLY FOR THE PROCEDURAL ASPECT OF MAKING SURE THAT THE INFORMATION THAT WE ARE LOOKING AT IS CORRECT.

IT DOESN'T NECESSARILY MEAN THAT WE WILL CHANGE WHATEVER DECISION WE HAD ORIGINALLY COME TO, BUT IT ALSO GIVES THE PUBLIC AN EQUAL OPPORTUNITY TO SPEAK IN FRONT OF THE BOARD AT THAT TIME AS WELL.

UM, YOU CAN SAY ALL YOU WANT THAT IT'S JUST THE PARKING SPACES THAT DOESN'T CHANGE THE FACTS ON HAND.

UNDERSTOOD.

THAT'S CLEAR.

CORRECT.

UNDERSTOOD.

OKAY.

THANK YOU.

ALRIGHT.

THANK YOU.

PERMISSIONS.

ALL RIGHT.

WHERE ARE WE NOW? CASE NUMBER 24 14, KYLE ORTIZ.

GOOD EVENING, MADAM CHAIR.

UH, AND ZBA BOARD.

IT'S, UH, NICE TO BE BEFORE YOU.

UM,

[01:30:01]

MY NAME IS KYLE ORTIZ.

UH, TOGETHER WITH MY WIFE SOPHIA.

WE OWN ONE GLENWOOD ROAD IN SCARSDALE, WHICH APPARENTLY IS EDGEMONT, WHICH APPARENTLY IS GREENBERG, WHICH WAS VERY CONFUSING TO US WHEN WE MOVED HERE SIX YEARS AGO.

UH, I'M ALSO JOINED BY MY ARCHITECT, UM, MR. PRANGE.

UH, I, FIRST I'D LIKE TO THANK THE BOARD FOR THEIR TIME AND THEIR EFFORTS LOOKING THROUGH THIS.

I ALSO WANT TO THANK, UH, MS. JONES AND ALL THE FOLKS AT, UH, THE TOWNSHIP HAVE BEEN VERY HELPFUL, UM, AS WE TRY TO PUT TOGETHER THESE MATERIALS, UH, ON STUFF THAT WE'RE NOT FAMILIAR WITH.

UM, OF COURSE OUR ARCHITECTS FAMILIAR, BUT WE WEREN'T.

AND, UH, I I THINK EVERYBODY IN THE TOWN HAS BEEN, UH, EXTRAORDINARILY HELPFUL AND I APPRECIATE THAT.

UH, SO WHAT WE'RE ASKING, UH, THE BOARD TO DO IS TO, UH, APPROVE A VARIANCE TO, UM, OUR, OUR OUR BACK PORCH, WHICH I THINK IS IN THE MATERIALS.

UM, IT IS ACTUALLY, MY UNDERSTANDING IS IT'S ALWAYS BEEN, UM, IN VIOLATION OF THIS ORDINANCE SINCE THE DAY IT WAS BUILT A HUNDRED YEARS AGO BECAUSE IT IS, UM, DID YOU SAY A HUNDRED YEARS AGO? A HUNDRED YEARS AGO.

OKAY.

JUST MAKE A HUNDRED YEARS AGO THIS YEAR, 1924.

UM, THIS, THIS HOME WAS BUILT AND IT IS A RAISED BACK PORCH, WHICH I THINK YOU GUYS CAN SEE IN, IN THE MATERIALS.

UH, IT IS PARTIALLY COVERED AND THEN THE, IT'S LIKE THE THIRD IN THE MIDDLE IS COVERED GORGEOUS.

AND THEN THERE'S TWO THIRDS ON THE OTHER ENDS THAT ARE UNCOVERED.

UM, BUT IT'S RAISED AND IT GOES TO 19.7 FEET FROM, UM, OUR BACKYARD, WHICH I THOUGHT WAS OUR SIDE YARD.

BUT WE HAVE A VERY WEIRD LOT.

SO IT'S APPARENTLY OUR BACKYARD .

UM, YOU'VE LEARNED A LOT.

I HAVE.

THIS HAS BEEN, UM, QUITE AN EXPERIENCE , BUT THE, UM, IT SHOULD BE 26 FEET, BUT OBVIOUSLY IT CURRENTLY EXISTS.

UM, SO WHAT WE'RE LOOKING TO DO IS TO TAKE THAT COVERED PORTION TO BOTH ENDS OF THAT RAISED PORCH AND THEN SCREEN IT IN.

UM, AND THE REASON WE WANT TO DO THAT, UM, I NOTE THAT IT'S ACTUALLY AS IT IS TODAY, AN ABSOLUTELY WONDERFUL PLACE TO SIT IS WHAT IT CURRENTLY LOOKS LIKE RIGHT NOW.

IT'S WHERE I LOVE TO GET COFFEE, BUT YOU'LL SEE THERE'S TWO BIG POSTS THERE HOLDING IT UP.

UM, WHICH IF I WAS TO ZOOM IN IS BECAUSE IT LOOKS LIKE THIS AT THE BOTTOM OF THAT ONE POST.

UM, SO IT'S WORK THAT WE WOULD NEED TO DO.

AND WE ALSO HAVE, UM, AMONG OUR THREE KIDS, OUR YOUNGEST IS NAMED JAMES, HE'S NONVERBAL AUTISTIC.

HE WILL WANDER, HE WILL NOT UNDERSTAND WHEN HE IS ENCOUNTERING A DANGER LIKE CRANE POND, WHICH IS JUST BEHIND OUR HOUSE.

UH, AND HE WILL RESIST HELP.

UM, HE'S A VERY HAPPY, LOVELY, WONDERFUL KID WHO LOVES TO BE OUTSIDE, BUT IT'S VERY HARD TO, UM, BE OUTSIDE WITH HIM IN PLACES WHERE HE'S NOT, UH, ENCLOSED.

SO WE'RE HOPING TO ENCLOSE THAT.

HE ALSO, UNFORTUNATELY, HE JUST, EVERYTHING COULD GO WRONG FOR THIS POOR KID GOES WRONG.

HE HAS TERRIBLE SKIN, HE HAS ECZEMA.

HE GETS BIT BY MOSQUITOES AND HE JUST ITCHES UNTIL THE SKIN'S NOT THERE.

UM, SO WE'D LOVE TO HAVE A PLACE THAT HE CAN BE THAT'S OUTSIDE BUT ENCLOSED.

UM, I WOULD NOTE AGAIN THAT THE STRUCTURE OTHER THAN THE EXTENDING IT DOES EXIST TODAY.

IT'S PREEXISTING.

UM, WE ARE NEAR A POND AND WE'RE ALSO NEAR THE, THE BRONX RIVER, WHICH BOTH, UH, TEND TO PRODUCE A LOT OF MOSQUITOES THIS TIME OF YEAR.

UM, WE DO GET THE, THE LIGHTNING BUGS.

THOSE ARE BEAUTIFUL, BUT THEY TEND TO TELL YOU THAT THERE ARE ALSO MOSQUITOES IN THE AREA.

UM, AND, AND I'VE NOTE THAT WHERE WE ARE, WE'RE VERY FORTUNATE.

UM, IT'S AT THE END OF A CUL-DE-SAC AND THERE'S REALLY NOBODY AROUND US.

AND EVEN THE, THE, THE HOUSE THAT IS, THE HOUSE THAT'S BEYOND OUR, OUR WHAT IS APPARENTLY THE BACKYARD, UM, IS DOWN ABOUT 10 OR 15 FEET AND DOESN'T REALLY SEE US.

AND IT'S VERY WOODED IN THE AREAS YOU CAN SEE.

YOU DON'T EVEN SEE THAT THERE'S ANYONE AROUND THERE.

SO HOPEFULLY, UM, IT'S NOT, WOULDN'T BE ENCROACHING ANYBODY ELSE.

AND WE WOULD BE, YOU KNOW, OF COURSE, UM, WORKING WITH OUR ARCHITECT AND OUR CONTRACTOR TO KEEP THE, THE NATURE OF THE BUILDING, UH, UNCHANGED.

UM, AND SO THAT'S SIMPLY WHAT WE'RE, UM, HOPING TO DO.

AND, UH, YOU KNOW, I, I'VE BEEN SITTING HERE AND I SEE THAT YOU ARE ALL, UM, TAKING YOUR TIME TO BE HERE FOR WHAT HAS BEEN, UM, PROBABLY A RELATIVELY LONG MEETING.

AND I CERTAINLY DON'T WANNA KEEP YOU ANY LONGER THAN NEEDED.

SO, UM, I'LL LEAVE IT THERE UNLESS YOU HAVE ANY QUESTIONS FOR EITHER MYSELF OR MY ARCHITECT.

THANK YOU.

UM, MAYBE I SHOULD ASK THE ARCHITECT, MAKE IT SIMPLER.

DO, DO YOU KNOW WHETHER THE SCREENING THAT WE SEE IS ON YOUR PROPERTY OR ON THE NEIGHBOR'S PROPERTY THAT, UH, WOULD FACE WHERE THE STRUCTURE THAT YOU INTEND TO REPAIR IS? I'M SORRY, THE SCREENING THAT YOU SEE THE HEDGES? YEAH.

IN OTHER WORDS, WHEN YOU SAY THAT, UH, THERE'S A LOT OF FOLIAGE THERE, I DON'T KNOW WHOSE PROPERTY THAT'S FOLIAGE IS ON.

OH, RIGHT.

SO THE, THE, THE, THE FOLIAGE THAT YOU SEE, UM, IS ON MY PROPERTY.

AND THEN BEYOND THAT, 'CAUSE IT GOES DOWN, THIS IS ACTUALLY THE, YOU SEE THE TREE LINE DROPS QUITE A BIT.

THAT'S ACTUALLY PROBABLY SCARSDALE THAT YOU'RE SEEING THERE.

AND THEN THE

[01:35:01]

TREES BEYOND THIS, UM, IT'S, UH, IT, YOU KNOW, 'CAUSE THIS IS WHAT YOU DON'T SEE DOWN HERE IS, UM, ESMA PLACE, WHICH THEN GOES IN THE PIPELINE ROAD.

WE, SO THAT'S ACTUALLY JUST WOODS OVER THERE.

WELL, WHAT, WHAT I'M ASKING YOU IS WHEN YOU INCREASE, UM, A VISUAL, YOU KNOW, WE JUST WANT TO KNOW IF IT'S YOU, YOU POINTED OUT THAT IT'S SCREENED SO THAT IT DOESN'T DISTURB YOUR NEIGHBOR AND I ASSUME YOU'VE GOT THAT INFORMATION FROM YOUR NEIGHBOR OR IS THAT SOMETHING THAT YOU SURMISED? UM, UH, WE HAVE SPOKEN TO THEM AND I ACTUALLY THINK, UM, THERE IS A PAGE THAT HAS THE NEIGHBORS, THE NEIGHBOR THAT BELOW THERE IS, UM, 1 34 AQUEDUCT DRIVE.

AND I KNOW THESE PICTURES ARE SOMEWHAT DIFFICULT, BUT YOU CAN ACTUALLY KIND OF SEE OUR HOUSE IN THE ABSOLUTE FAR RIGHT OF THAT PICTURE.

AND THAT KIND OF GIVES YOU AN IDEA OF HOW MUCH, UM, THEY SEE.

BUT WE DID, WE, WE DID SPEAK TO OUR NEIGHBORS.

WE DID HAVE OUR DIRECT NEXT DOOR NEIGHBOR ALSO DID PUT IN, UM, A LETTER OF SUPPORT.

UM, BECAUSE THEY UNFORTUNATELY KNOW, KNOW JAMES VERY WELL.

UM, 'CAUSE THEY'RE THE FIRST HOUSE THAT HE, HE GOES TO WHEN HE GETS OUT.

AND THANKFULLY, UH, I VERY MUCH APPRECIATE THIS.

THEY HAVE AN ATTRACTIVE NUISANCE OF A TRAMPOLINE THAT HE LIKES TO GO TO FIRST, WHICH IS, WHICH IS HELPFUL.

UM, BUT HE ALSO LIKES TO GO THROUGH THEIR FRONT DOOR.

UM, BUT YEAH, IT'S, IT'S, IT'S THE ONE THAT IS, UM, ALL I'M ALL I'M REALLY ASKING YOU AND I, I REALIZE YOU'RE TRYING TO BE VERY HELPFUL, RIGHT? RIGHT.

IF YOU, IS THAT 1 34 A, WHEN WE HAVE SOMEONE THAT ENLARGES A STRUCTURE THAT MIGHT IMPACT A NEIGHBOR, WE WANNA KNOW.

AND YOU SAY THAT IT, IT YOU ARE AT LEAST YOU'RE TRYING TO GIVE THE IMPRESSION THAT IT WOULD NOT BOTHER THAT NEIGHBOR OR ANY SUBSEQUENT NEIGHBOR THAT PERHAPS, YOU KNOW, HAS THAT PROPERTY LATER.

IS THAT SCREENING ON THEIR PROPERTY TO YOUR KNOWLEDGE OR IS IT ON YOUR PROPERTY? NO, AND THE ONLY REASON I'M ASKING THAT IS WE OFTEN ASK PEOPLE WHO ARE MAKING AN ADDITION TO SCREEN IF THAT'S SOMETHING THAT WOULD BE NECESSARY.

UNDERSTOOD.

THAT'S DETERMIN.

SO IF YOU LOOK AT THE, THE PICTURE THAT'S ON THE SCREEN RIGHT NOW, THE, THE HOUSE THAT YOU SEE A LITTLE BIT ON THE RIGHT, THAT'S OUR, THAT'S OUR SECOND FLOOR ROOF, RIGHT? SO THERE, THERE'S A LOT OF TOPOGRAPHY WHERE YOU FIRST HAVE TO GO UP QUITE A BIT.

AND THEN THERE'S THE, THE, THOSE TREES WHICH ARE ACTUALLY, UM, RENDS, WHICH ARE, ARE GREEN ALL YEAR LONG.

UM, SO THAT'S, THAT'S KIND OF THE, THE VIEW THAT THE, THE CLOSEST HOUSE TO THIS IMPROVEMENT WITH C, WHICH IS, YOU CAN'T EVEN SEE THE CURRENT PORCH IN THAT PICTURE.

UH, BECAUSE IT'S, IT'S UNDER THAT KIND OF, I CALL IT TREE LINER OR BUSH LINER.

BUT THAT'S, THAT'S WHERE, WHERE IT IS.

AND WE HAVE, SO, SO YOU WOULD MAINTAIN THAT.

OF COURSE.

WE, WE, WE, WE LOVE THE, THE GREENERY MAY, MAYBE I'M CONFUSED.

THE SCREENING YOU'RE TALKING ABOUT IS THE ACTUAL SCREEN IN THE PORCH, CORRECT? YES.

IT'S NOT ADDITIONAL SCREENING OUTSIDE OF THE PROPERTY LINE IS THE PORCH ITSELF THAT THAT'S RIGHT.

MR. PLAN.

WE, SO IT'S YOUR PRO, THAT'S WHAT I'M SAYING.

IT'S YOUR SCREENING.

RIGHT, RIGHT.

WE, WE BUT WE WOULD BE, SO WHEN YOU'RE BUILDING THIS, YOU'RE NOT INTENDING ON TAKING THAT SCREENING DOWN IN ANY WAY? NO, WE DON'T CURRENTLY HAVE SCREENING WHAT WE'RE, WHAT WE'RE, WE'RE LOOKING TO DO WHEN WE EXPAND THE PORCHES TO OKAY.

INSTEAD OF HAVING IT JUST BE OPEN AIRS TO SCREEN IT IN TO SIMPLE QUESTION, THE FOOTPRINT OF THE EXISTING PATIO, ARE YOU INCREASING THAT? UH, NO, MR BLA YOU'RE JUST GOING TO PUT A SCREEN AROUND WHAT'S EXISTING.

CORRECT.

BUT LIKE A BUG SCREEN PER SE.

BUT WE ARE, WE ARE INCREASING THE FOOTPRINT UHHUH.

SO IF YOU LOOK AT THIS PODIUM AS CORRECT AS THE PORCH, THE FOOTPRINT WILL NOT CHANGE.

BUT RIGHT NOW IT IS ONLY COVERED IN THE MIDDLE.

GOT IT.

WHAT WE'D BE WANTING TO DO IS HAVE IT BE COVERED FOR THE FULL LENGTH AND THEN SCREEN SCREEN IT IN THAT IN, OKAY.

THERE TWO DIFFERENT SCREENS YOU'RE TALKING ABOUT.

YOU'RE TALKING ABOUT THE SCREENS OF THE PORCH.

I THINK EVA'S TALKING ABOUT FROM TREE SCREEN SCREENING.

IT'S A TWO DIFFERENT, WE'RE USING, THEY'RE TWO DIFFERENT SCREENS.

YES.

OKAY.

I GOT IT NOW.

YEAH, I WAS CONFUSED.

THIS IS KIND OF THE, THE FOLIAGE SCREENING THAT, YOU KNOW, 'CAUSE THAT OTHER HOUSE IS DOWN BELOW THAT.

GOT IT.

OKAY.

PLEASE.

UM, MAX PARANG, I'M, I'M A LOCAL ARCHITECT HERE IN GREENBURG, PARANG, P-A-R-A-N-G-I.

UM, IF I MAY, UH, THERE IS AN EXISTING PORCH, UH, WHICH IS PARTIALLY ROOFED IN THE MIDDLE.

AND WE ARE NOT INCREASING, UH, THE FOOTPRINT OF THE PORCH.

WE ARE JUST, UM, ROOFING THE TWO, UH, END SECTIONS OF THE ROOF AND SCREENING THE PORCH ITSELF.

[01:40:01]

UH, BASICALLY WE ARE SEEKING VARIANCE.

WE ARE SUPPOSED TO BE 26 FEET AWAY FROM THE REAR PROPERTY LINE.

AND THIS IS A PREEXISTING CONDITION I WOULD LIKE TO STRESS.

WE ARE AT 19.7 FEET INSTEAD OF 26.

SO WE ARE SEEKING RELIEF FOR THE DIFFERENCE.

AND UM, RIGHT NOW THE PORCH ITSELF IS IN SLIGHT DISREPAIR AND IT HAD TO BE SHORT TEMPORARILY.

SO WE ARE ALSO RESTORING THE SHORT.

IT'S A, IT'S A TRADITIONAL TUTOR.

TUTOR AND, UM, UH, TO, TO RESPOND TO MANAGERS.

UH, QUESTION ABOUT THE SCREENING ON, ON THE PROPERTY LINE.

UM, BASICALLY THE TOPOGRAPHY OF THE LAND IS SUCH THAT, UM, THIS BACK SCREEN AND BACK PORCH IS REALLY NOT VISIBLE FROM ANY OF THE OTHER NEIGHBORING, UH, PROPERTIES.

UM, OTHER THAN THAT I HAVE VERY LITTLE TO ADD.

THIS HAPPENS WHEN YOUR CLIENT IS AN ATTORNEY THAT MOST OF THE, NOW WE KNOW , SO, SO IF THERE ARE ANY OTHER TECHNICAL QUESTIONS, I'LL BE GLAD TO ANSWER.

THE ONLY THING I WAS THINKING OF, AND I GUESS PROBABLY NOT, UH, YOUR, YOUR CLIENT DID SAY THAT IT, THAT THE PORCH THAT EXISTS IS A HUNDRED YEARS OLD.

SO OBVIOUSLY THAT DOESN'T FALL WITHIN OUR ZONING CODE AT THIS POINT.

BUT, UM, SO IT'S, IT'S REALLY, I, I, I GUESS JUST HOW, HOW WOULD WE TERM IT ? WHY? BECAUSE IT'S BEEN THERE FOR ALL THIS TIME AND IT'S REALLY NOT IN LINE WITH PREEXISTING.

YEAH, RIGHT.

SO, AND ALSO, I DON'T KNOW IF, UH, IT WAS NOTED THERE IS A LETTER FROM THE, UH, ADJACENT NEIGHBORS IN SUPPORT OF MR. AND MRS. POWER OF WATER.

UH, UM, AND THEY KNOW THEIR SON JAMES QUITE WELL BECAUSE SOMETIMES IT WANDERS BACK INTO THEIR PROPERTY.

AND THERE IS ALSO A SAFETY ISSUES I MIGHT ADD, UH, BECAUSE THERE IS A NEARBY POND.

AND SO, SO THE SCREEN PORCH WOULD BE A HELP FOR THE PARENTS TO MAKE SURE THAT THE KID IS NOT WANDERING AROUND PROPERTIES.

I'M SORRY.

ALRIGHT.

CAN YOU SPEAK MORE INTO THAT? I'M SAYING THE, THE, THE PA THIS WOULD AID THE PARENTS IN, IN MAKING SURE THAT THEIR KID, THEIR KID JAMES, THEIR SON JAMES, IS NOT WANDERING AROUND THE PROPERTY.

OKAY.

SO, UM, WHICH, WHICH HOUSE IS THE NEIGHBOR THAT WROTE THE SUPPORTING LETTER OR THERE WERE TWO SUPPORTING LETTERS.

RIGHT.

BUT, UH, I HAVE ONLY ONE, BUT ONE.

UH, I, I'LL LET MR. RUIZ TALK, SPEAK TO THE NEIGHBORS.

YEAH.

THAT'S THE, UH, PALMERS WHO ARE AT FIVE GLENWOOD, WHICH IS OUR, OUR, OUR NEXT DOOR NEIGHBOR.

FIVE GLENWOOD.

YEAH, THERE IS NO THREE GLENWOOD.

THAT'S APPARENTLY HALF OF OUR YARD AND HALF OF OUR YARD.

OKAY.

I JUST HAVE A QUESTION IN REGARDS TO THE COMPOSITION OF THE SCREEN.

HOW DURABLE IS THAT? BECAUSE COULD AN ANIMAL MAKE A HOLE? I WOULD HATE FOR YOU TO INVEST IN THIS FENCE OR SCREEN FOR JAMES, AND THEN AN ANIMAL, A SQUIRREL OR SOMETHING WOULD MAKE A HOLE AND PUT JAMES AT RISK.

SO A COMPOSITION OF THE, THE FENCING OR THE SCREEN, HOW DURABLE IS THAT AGAINST, YOU KNOW, ANIMALS? UM, I, IT IS JUST A REGULAR SCREEN THAT YOU CAN FIND IN MOST OF THE, YOU KNOW, PORCHES AND CLOSED PORCHES THAT, UH, BUT, UM, TO ANSWER YOUR QUESTION, THERE IS ALSO A VERY LOW KNEE WALL, AND SO THAT THE, AROUND THE PORCH, WHICH IS DONE ON PURPOSE, AND THE SCREEN STARTS BASICALLY AT A HEIGHT OF THREE FEET.

SO THAT WOULD BE HELPFUL PROBABLY IN, IN, YOU KNOW, UM, AVOIDING ANY, YOU KNOW, PENETRATIONS FROM ANIMALS OR BIRDS OR, WHICH I PROBABLY IS NOT GONNA BE, UM, VERY OFTEN THE CASE.

HOPEFULLY.

I WOULD ALSO JUST NOTE AND BE VERY CLEAR THAT WE'VE NEVER, JAMES WOULD NEVER BE UNSUPERVISED EVER.

UM, BUT WE DO HAVE TWO OLDER CHILDREN WHO, YOU KNOW, DO WHAT CHILDREN DO AND SOMETIMES THERE'S DISTRACTION AND HE IS THE ULTIMATE OPPORTUNIST.

SO, UM, IT'S, UH, BUT IT, IT WOULD, IT WOULD NEVER BE WHAT WE WOULD JUST LEAVE JAMES ON

[01:45:01]

THE PORCH, OBVIOUSLY.

ALL RIGHT.

ANYONE ELSE WANT TO COMMENT ON THIS CASE? THANK YOU FOR YOUR TIME.

YOU'RE WELCOME.

TAKE, LET'S TRYING TO SEE IF THERE'S ANYBODY OUT THERE IN, UH, ANOTHER MA WELCOME IN SPACE.

MADAM CHAIR.

NO, NO COMMENTS.

ALL RIGHT, THANK YOU.

THE NEXT CASE TONIGHT IS CASE 24 15, 365 LAND LLC.

THIS IS THE GOLF SWING.

YES, IT IS.

GOOD EVENING.

MY NAME IS KEVIN K.

UM, I AM ONE OF THE PARTNERS WITH, UH, THE GAME ON 365 LAND, UH, AS WELL AS A PARTNER IN THE OPERATING ENTITY GAME ON GOLF CENTER.

AND, UH, I, I, I KNOW YOU GUYS ALL HAVE THE, UM, DOCUMENTS THAT WE'VE PRESENTED AND, AND SUBMITTED.

UH, I'M HAPPY TO WALK YOU THROUGH A PRESENTATION IF THAT WOULD BE HELPFUL.

UM, WE ARE HERE BASICALLY TO REQUEST PERMISSION TO BUILD AN AWNING SIMILAR TO WHAT WE ALREADY HAVE ON THE PROPERTY, FURTHER ENHANCEMENTS AND IMPROVEMENTS TO OUR FACILITIES.

UM, WE ARE, WE OWN THE PROPERTY FOR THE LAST, ABOUT SEVEN OR EIGHT YEARS NOW.

I THINK WE'RE IN OUR EIGHTH YEAR.

AND, UH, WE'VE BEEN UPDATING THE PROPERTY AND INVESTING QUITE A BIT OF OUR, OUR RESOURCES INTO MAKING IMPROVEMENTS AND FURTHER, UH, INCREASE IN THE VALUE OF, OF OUR FACILITY TO THE COMMUNITY.

SO WE'RE HOPING TO DO, TO CONTINUE THAT.

UM, AND WE'RE HERE BEFORE YOU FOR THAT PURPOSE.

SO WHAT YOU DID SINCE LAST MONTH WAS THAT, UM, APPLYING THE PREFAB PREP OVER THE NEW CONCRETE PLATFORM, THERE WAS SOMETHING THAT YOU ADDED, I BELIEVE, BECAUSE OTHERWISE WE, I THOUGHT IT WAS VERY SIMPLE LAST, LAST MONTH.

I CAN'T FOLLOW WHERE DID I GET THIS INFORMATION FROM THEM? WELL, LY, HE WAS THERE, BUT THE PLANT HERE, THIS CAME, I THOUGHT THIS WAS, I THOUGHT WE HAD TALKED ABOUT THIS.

HOW DO WE GET THIS? COULD, COULD YOU WALK US THROUGH WHAT YOU'RE DOING? COULD YOU, BECAUSE NONE OF THE PHOTOGRAPHS ARE LABELED.

SURE.

NOTHING'S LABELED.

YOU CAN'T FIGURE OUT WHERE YOU ARE.

I HAD A VERY CONFUSING TIME FIGURING OUT WHAT YOU WERE DOING AND WHERE IT WAS.

ABSOLUTELY BE HAPPY TO DO THAT.

WOULD YOU LIKE ME TO SHARE MY SCREEN? IS THAT, UH, ACCEPTABLE? WHATEVER.

USE YOUR LITTLE ARROW, HOWEVER YOU WANT TO DO IT.

ONLY TWO OR THREE PARTS OF IT, WHATEVER.

I GUESS I, OKAY.

SO WE, UH, HAVE BEEN ON THE PROPERTY.

THIS, THIS FACILITY HAS BEEN ON THE PROPERTY FOR, UH, IN THE COMMUNITY FOR 75 YEARS.

JUST CELEBRATED THAT 70 50 YEAR LAST YEAR.

AS YOU CAN SEE, IT'S QUITE A LARGE PROPERTY.

UM, THE OPERATING, UH, RANGE IS WITHIN THIS PERIMETER.

YOU CAN SEE MY MOUSE HOPEFULLY, CLEARLY.

UM, AND FROM ABOVE YOU CAN ALSO SEE THAT WE HAVE AN EXISTING AWNING RIGHT HERE.

OUR PARKING IS OUT FRONT OVER HERE.

THIS IS OUR OVERFLOW LOT.

AND THIS IS OUR EXISTING, UM, PARKING LOT HERE.

WE DO HAVE A, A, A BUILDING OVER HERE.

AND JUST SO YOU CAN PUT THINGS INTO PERSPECTIVE, WE ARE PROPOSING THE AWNING FOR THE OTHER SIDE OF THE, UH, BUILDING ON THIS SIDE.

THE PROPERTY IN QUESTION, AND THIS IS A LITTLE BIT TWISTED, BUT UM, BASICALLY THIS IS THE, THE EXISTING AWNING IS ON THIS SIDE.

THE BUILDING ITSELF IS HERE, AND WE'RE PROPOSING TO PUT ADDITIONAL COVERED BAYS OVER HERE.

THIS IS A CLOSER LOOK AT IT AND NOT TO INTERRUPT YOUR PRESENTATION.

WILL THE MATERIAL BE THE SAME FABRIC TYPE THAT YOU USED ON THE OTHER SIDE TO BLUE AND WHITE? IT WILL NOT.

IT'S, IT'S GONNA BE A, A, A, I THINK A MORE PREMIUM QUALITY, UH, UM, STRUCTURE.

IT'S GONNA BE A PREFABRICATED ALUMINUM STRUCTURE, SO IT'S GONNA BE STURDIER, UM, WITH MORE OF A STRUCTURED ROOF.

UM, THIS IS PRE-DESIGNED, PRE-ENGINEERED.

SO IT'S BASICALLY WE'RE BUILDING A CONCRETE SLAB AND

[01:50:01]

THEN THIS GETS ANCHORED TO THAT SLAB.

OKAY.

THIS IS A CLOSER VIEW OF, OF THE PLAN AND, AND THE DISTANCES THAT WE'RE LOOKING TO, UH, GET IN A VARIANCE FOR.

UM, THE CORNER OF, OF THAT STRUCTURE IS RIGHT HERE.

IF YOU CAN SEE WHERE MY, MY MOUSE IS THERE.

WE'RE PROPOSING 19 FEET.

WE CAN'T SEE THE MOUSE.

NO, WE CAN'T SEE WHERE.

IT CAN'T SEE THE MOUSE.

NO, BARELY.

WE SEE IT.

SEE IT THERE.

YEAH, IT GETS LOST.

IT'S BEHIND YOU IF YOU CAN'T, IT'S A LITTLE, PROBABLY MORE OBVIOUS.

SEE, SO THE SIDE CLOSEST TO THE ROAD.

CORRECT.

THAT WOULD BE THE CLOSEST POINT WOULD BE 19 FEET.

UM, THE T LINE DOES BEND AROUND, SO THE T LINE IS HERE AND AS YOU BEND AROUND, IT DOES GET CLOSER TO THE ROAD.

SO WE ACTUALLY DO NOT CONFORM CURRENTLY WITH OUR T LINE.

OKAY.

THIS IS THE AREA IN QUESTION.

THE T EXISTING AWNING IS HERE.

THE SHOP IS HERE AND WE ARE LOOKING TO COVER THESE HERE.

IS THE PURPLE LINE, THE CONCRETE SLAB? NO, THAT'S JUST, UH, THE PERIMETER OF THE, THE AREA.

JUST TO HIGHLIGHT IT.

UM, THE SLAB, UM, LEMME GO BACK.

THE SLAB WOULD BASICALLY BE IN FRONT OF THE EXISTING BAYS, SO I'M SORRY, THIS WOULD BE BETTER.

UM, SO OUR EXISTING BAYS LOOK LIKE THIS AND WE ARE PROPOSING A CONCRETE SLAB HERE IN THAT AREA.

RIGHT? RIGHT BEHIND THE EXISTING BAYS.

OH, IS THAT NOT ON THE GRASS? OKAY.

NO, WE'RE NOT, WE'RE NOT GOING OUT ONTO THE GRASS.

THE GRASS IS HERE.

AWNING WOULD OVERHANG, WE WILL STILL HIT THERE.

WE BUILD A SLAB, WHICH BASICALLY JUST, I DIDN'T UNDERSTAND LEVELS.

THIS AREA, IT'S ALREADY ASPHALT, IT'S ALREADY IMPERVIOUS.

WE'RE JUST RAISING A LITTLE BIT TO MAKE IT MORE LEVEL SO THAT YOU HAVE A CONSISTENCY OF, OF, UH, OF THE, UH, FLOOR.

AND THEN ABOVE THAT ANCHOR TO THAT WOULD BE THE COVERED PIECE THAT WOULD GO ABOVE THE BAYS TO ADD SHELTER AND CREATE ADDITIONAL COVERED SPACE BEHIND.

SIMILAR TO THE, TO WHAT WE HAVE ON THE OTHER SIDE, ARE THESE NEW, UM, STRUCTURES THAT YOU'RE PUTTING UP IN ANY WAY, UH, ALLOW YOU TO OPEN AND PERFORM OR, OR LET YOUR CUSTOMERS PREPARE, PERFORM, UM, WHAT THEY THEY'RE DOING FOR A LONGER PERIOD OF TIME THROUGH THE YEAR OR NOT? IT WILL HELP WITH THE SEASONALITY.

WE'RE OPEN 365 DAYS A YEAR.

UM, WE DO HAVE PEOPLE WHO PLAY ALL YEAR ROUND ALREADY.

UM, THIS WOULD HELP US.

AND IN THE CURRENT ENVIRONMENT, WE'RE TRYING TO ALWAYS MAKE IMPROVEMENTS.

UH, THERE, THERE ARE MANY FACILITIES THAT ARE OPENING UP THAT HAVE INDOOR, UM, SIMULATORS.

MOST OF OUR CUSTOMERS LIKE TO HIT THE BALL AND SEE THE BALL FLY.

UM, BUT UH, THESE PEOPLE, YOU KNOW, HAVING THEM SHELTERED FROM THE ELEMENTS IS A BIG THING FOR THEM.

SO IN THE TIME IT WOULD HELP US.

RAINY TIMES IT WOULD HELP US.

SO EVEN IN THE PEAK SEASON, PEOPLE WOULD BE ABLE TO HIT WHEN THEY'RE COVERED.

WHEN, WHEN IT'S RAINING, IT'LL BE COVERED AND SHELTERED.

SO IT'S SIGNIFICANTLY BENEFICIAL FOR US.

DOES IT ALSO ALLOW YOU TO, OR HAVE YOU THOUGHT ABOUT EXTENDING THE HOURS? WE DON'T HAVE ANY PLANS TO EXTEND HOURS.

WE ALREADY ARE OPEN TILL ABOUT 10 O'CLOCK.

SO, UM, FOUR HOURS, 24 HOURS.

WE, WE WOULD LOVE TO DO THAT, BUT, UH, SOMETIMES WE NEED TO SLEEP TOO.

OKAY.

LIGHTED GOLF, SUN GETS UP AT THREE O'CLOCK.

LED, GOLF BALLS, .

NOW I'LL TAKE YOU THROUGH TO SHOW YOU SOME OF THE PHOTOS SO THAT WE CAN GIVE YOU SOME PERSPECTIVE.

UM, THESE ARE MORE TECHNICAL DRAWINGS OF, OF THE CONSTRUCTION.

THIS IS THE AWNING THAT CURRENTLY EXISTS.

SO WE HAVE A PLATFORM AND THEY HIT INTO THE FIELD, AS YOU CAN SEE BEHIND THE ACTUAL BAYS.

[01:55:01]

WE HAVE COVERED AREA AND THAT'S WHAT WE'RE TRYING TO ACHIEVE HERE.

THE DIFFERENCE IS, IS THAT WE WOULD LIKE TO HAVE THIS DECKING CONTINUED THE SAME LEVEL.

IT'S SAFER, IT'S CLEANER, MORE EASILY MAINTAINED, ALLOWS US TO ACCOMMODATE A PREMIUM EXPERIENCE AND THAT'S WHAT WE'RE TRYING TO ACHIEVE.

THIS IS THE OTHER SIDE LOOKING NOW THE OPPOSITE DIRECTION.

SO BEHIND THIS PHOTO WOULD BE WHERE THE OTHER AWNING IS.

SO WE'RE LOOKING AT IT GOING, THIS IS THE VIEW FROM LOOKING TOWARDS THE EAST AND THIS IS LOOKING AT IT GOING WEST.

SO THIS IS EXACTLY WHERE THE COVERED AREA OF THE PLA THE CONCRETE PLATFORM AND THE AWNING WOULD BE LOCATED.

I HOPE THAT HELPS.

MM-HMM, .

OKAY.

AGAIN, ANOTHER VIEW BY THERE DECK.

AND THIS IS LOOKING AT IT IN THE OPPOSITE DIRECTION.

SO YOU CAN SEE IN THE BACKGROUND THE OTHER AWNING AS WELL AS THE SHOP.

YOU CAN SEE HOW CLOSE OUR T-LINE GETS TO THE ACTUAL ROAD AND THE, AND THE FENCE.

AND THIS IS WHAT IT WOULD LOOK LIKE.

SOME RENDERINGS.

OKAY.

NOW IN TERMS OF BULK AND COLOR, HAVE YOU HAD ANY THOUGHTS ON THAT JUST YET? IN TERMS OF COLOR? I THINK WE'RE LOOKING FOR LIKE A BRONZE ISH LOOK, SO SOMETHING THAT WOULD KIND OF JUST BLEND IN.

YEAH.

OKAY.

, JUST GETTING CONFIRMATION SOMETIMES.

, I'M A LITTLE OLD IN MY MEMORY.

ANY OTHER QUESTIONS? ALRIGHT, YOU'RE, YOU'RE KEVIN? I AM.

I HAVE A VERY IMPORTANT QUESTION.

UM, HOW DO YOU SIGN YOUR NAME? UM, AS CONFUSINGLY AS POSSIBLE.

I, I, YEAH, THAT WAY I HAVE NO IDEA HOW THAT LOOK AT THIS.

MY PROFESSORS USED TO SAY THEY WOULD GET TO THE CASE AND THEY WOULD GET AND I WOULD JUST RAISE MY HAND.

BUT OTHER THAN THAT, I DON'T HAVE ANY OTHER QUESTIONS.

.

OKAY.

ANYONE IN THE AUDIENCE HERE OR THERE? OR CHECKING? THANK YOU.

OKAY.

THANK YOU SO MUCH.

THANK YOU MADAM CHAIR.

THANK I DON'T BELIEVE THERE'S ANYBODY THAT HAS ANY COMMENTS.

OKAY.

OKAY.

I DON'T ACTUALLY HAVE, AND WE GO TO, THIS IS PRETTY EASY.

CASE NUMBER EIGHT, WHICH IS THE LAST ONE.

LISTED CASE 24 16.

BRAD JARRIS, 19 TOMAHAWK DRIVE.

BLESS YOU AGAIN.

GOOD EVENING.

BOARD.

UH, MY NAME IS ROCKO, UH, ARCHITECT, UM, FOR BRAD JARS, OWNER OF 19 TOMAHAWK DRIVE.

AND TONIGHT WE ARE SEEKING AN AREA VARIANCE, UM, FOR A PROPOSED EDITION THAT, UH, WE ARE PLACING MR. BRIAR'S PROPERTY.

LET SHARE MY SCREEN.

UM, SO THIS IS AN EXISTING, UH, SINGLE FAMILY SINGLE STORY RESIDENCE, APPROXIMATELY 14, UH, 1,491 SQUARE FEET.

AND TOWARDS THE REAR OF THE PROPERTY, UM, WE ARE PROPOSING, UH, UH, APPROXIMATE 500 4900, UH, 5,000, EXCUSE ME, 500, UH, 49 SQUARE FEET EDITION.

UH, ALSO, UH, SINGLE STORY.

UM, THIS IS IN AN R 10 ZONE.

UH, AND IN R 10 ZONE, UH, THE MINIMUM SIDE YARD SETBACK IS 12 FEET.

UH, TOTAL COMBINED IS 26 FEET.

AND, UH, WHAT WE'RE PROPOSING WITH THE ADDITION IS, UM, SIMPLY TO ALIGN THE ADDITION WITH THE SIDES OF THE EXISTING HOUSE.

SO THIS IS AN EXISTING NON-CONFORMING DWELLING.

UM, UH, WITHIN THE R 10 RESIDENTIAL ZONE.

UH, AGAIN, WE'RE PROPOSING, UH, THE ADDITION TO A LINE, UH, WITH THE EAST

[02:00:01]

AND WEST SIDE OF THE HOME, UH, WHICH APPROXIMATELY GIVES US, UH, A 10.79 FOOT SETBACK, UM, IN COMPARISON TO THE 12 FOOT REQUIRED SETBACK.

AND ON THE OPPOSITE SIDE WHERE, UM, UH, 14 WOULD BE REQUIRED, UH, WE HAVE 15.42 UH, FEET, OR A COMBINED TOTAL OF 26.21 SQUARE FEET.

UM, SO THAT IS WHAT WE'RE PROPOSING.

UH, AGAIN, WE'RE SEEKING AN AREA OF VARIANCE.

UM, UH, AND SPECIFICALLY RELIEF TO THE SIDE YARD SETBACKS.

UH, WE DO HAVE TWO, UH, SUPPORTING LETTERS FROM OUR NEIGHBORS, UH, ONE AT 17 TOMAHAWK DRIVE, UH, WHICH IS THE PROPERTY TO THE WEST OF THE PROPERTY, UH, TO, TO THE WEST OF THE APPLICANT.

UH, AND 21, UM, UH, TOMAHAWK DRIVE, WHICH IS A PROPERTY TO THE EAST OF THE APPLICANT'S PROPERTY.

UH, AND I'M HERE TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE.

DON'T EVERYBODY SPEAK AT ONCE? NO QUESTION.

I DON'T HAVE ANY NO, NO QUESTIONS FOR ME.

I DON'T HAVE ANY EITHER.

OKAY.

WAITING TO SEE IF THERE'S ANYBODY ELSE.

THIS HOUSE IS, I DON'T, I DON'T HAVE .

HOW'S IN REAL ESTATE THEN? EIGHT AND 11.

THE HOUSE NEXT TO IS LIKE HOTEL MADAM CHAIR, THERE ARE NO COMMENTS.

OKAY.

THANK YOU.

UM, WE HAVE NO QUESTIONS.

OKAY.

WELL, THANK YOU.

YOU'RE WELCOME.

AND WITH THAT WE WILL FIVE MINUTE BREAK.

TAKE A FIVE MINUTE BREAK? YES.

OKAY.

LET'S GET, LET'S GET THIS PARTY MOVING AGAIN.

HOLD ON ONE SECOND.

SO PATIO COM RECORDING IN PROGRESS.

THANK YOU.

ALL RIGHT.

WHAT DON'T WE, WHAT ARE OUR THOUGHTS ON PATIO.COM? I, BUT I HAD WRITTEN DOWN AREA VARIANCE AND THEN I, MY BRAIN SAID USE VARIANTS.

SO I WROTE USE VARIANCES ACROSS THAT AREA OF VARIANTS.

AND THEN I CAME BACK, I ACROSS UP USE VARIANCE.

SO I DON'T KNOW.

UM, I'M SORRY, REPEAT THAT AGAIN.

AREA VARIANCE USE, USE VARIANCE.

THIS REQUIRES A USE VARIANCE.

NO, SHE'S SAYING IN TERMS OF, BUT I'M SAYING IN TERMS OF THE WAY I WAS LOOKING AT IT, IT SOUNDS LIKE A USE VARIANCE TO ME.

YOU HAVE A BUILDING, YOU HAVE A BUILDING YOU CAN SELL, HAVE YOUR STUFF IN, BUT YOU WANNA PUT STUFF OUTSIDE.

OH, ISN'T THAT WHAT MS. PRIZER WAS TRYING TO THE OTHER WOUND TO? YEAH.

WELL SHE WASN'T TRYING TO ALLUDE TO SHE SAID IT.

I MEAN, SHE WAS YEAH, BUT I THOUGHT OF IT BEFORE SHE SAID IT, SO I WAS JUST COMMENTING ON IT.

ALL RIGHT.

I DON'T HAVE MUCH MORE TO SAY ABOUT THIS NOR DO I AT ALL.

OR JUST, UM, NO, I'M A, NO.

I MEAN, WHEN I, AND I'M GONNA KEEP TALKING, I SAID WE ALL KNOW HOW I FEEL.

I'M A NO.

WHEN YOU YEAH.

WHEN YOU THINK ABOUT 1960 AND, WELL, YOU GUYS WEREN'T EVEN AROUND, BUT WHEN YOU THINK ABOUT WHAT CENTRAL AVENUE WAS LIKE AT THAT TIME, TIME IT WAS IN THE SIXTIES.

I MEAN, IT WAS REALLY LIKE, YOU KNOW, NOTHING IN RELATIONSHIP TO WHAT IT IS NOW.

THERE WERE HOMES WERE HOMES YEAH.

THAT YOU LIKE, IT WAS MORE, IT WAS MORE LIKE A COUNTRY ROAD REALLY.

THERE WERE HOUSES.

YEAH.

SO I MEAN, SOME OF WOULD STILL EXIST, BUT A LOT OF 'EM DON'T.

YEAH, YEAH.

UM, YOU MEAN LIKE MR. HOME? 100-YEAR-OLD TUDOR? YEAH.

NO, THEY WERE LIKE, NO, THEY

[02:05:01]

FARM.

THEY, THEY LIKE FARM HOUSES.

YEAH.

THEY PUT HOUSES THERE LOT.

YEAH.

A LOT OF 'EM WERE TWO FAMILY FARM HOUSES.

SOME OF 'EM STILL EXIST AND THEY'RE USED LIKE HAIRDRESSERS AND DOG GROOMERS.

RIGHT.

YOU GO TO SACRED HEART CHURCH THERE, THERE'S STILL THOSE TWO HOUSES.

THERE YOU GO ALL THE WAY TOWARDS WHITE PLAINS.

THERE'S STILL HOMES.

MY ONLY CONCERN, AND AGAIN, WE CAN HAVE THAT DISCUSSION, BUT THE ATTORNEY DID SAY SOMETHING I THOUGHT WAS INTERESTING.

HE SAID IT WON'T BE ADVERSE, BUT IT HAS BEEN AVERSE FOR SO MANY YEARS.

MM-HMM.

.

UM, AND THAT'S WHY I REALLY PRESSED THOSE THAT WERE IN OPPOSITION IN TERMS OF WHAT THEIR THOUGHTS MIGHT BE.

AND I DO THINK THAT TRUST OR FAITH IN THE RIGHT THING BEING DONE DOES PLAY A PART.

UM, AND IF THERE'S NOT A ENFORCEABLE WAY TO ENSURE THAT THE SCREENING AND THINGS THAT HAVE BEEN, THAT ARE BEING PROPOSED SHOULD BE DONE.

I'M NOT IN FAVOR OF IT.

I I'M NOT EITHER.

I MEAN, I, I MIGHT'VE, I WAS CONSIDERING IT AS THE ATTORNEY WAS SPEAKING, BUT WHEN THE OWNER GOT ON AND BASICALLY WAS LIKE, WELL, OUR OTHER STORES, I WENT AND I LOOKED AT WHAT THE OTHER STORES LOOK LIKE.

IT'S STORAGE THINGS ARE IN PILES OUTSIDE.

UM, AND THEN, UM, YOU KNOW, IT'S A VERY, LIKE, AS CHRISTIE WAS SAYING, IT'S NOT JUST ABOUT FOR DISPLAY, IT'S STORAGE, THE SAME THING.

AND I THINK THEY HAVE ERODED TRUST WITH THE COMMUNITY AND YOU KNOW, AND I I, I MEAN, AND ANY TENANT CAN GO IN THERE AND STORE ANYTHING THEY WANT OUTSIDE.

AND I DON'T, IT'S NOT LIKE THEY DON'T HAVE INSIDE SPACE.

IT'S NOT LIKE, YOU KNOW, IT'S SOME VERY TINY STORE WHERE WE'RE REALLY PRECLUDING THEM FROM USING THE BUILDING.

IT'S NOT A BIG STORE EITHER.

NO, BUT, BUT THE OTHER THING IS, WHEN THEY SAY ABOUT STORING THINGS IN THE BACK, THERE REALLY IS NO BACK TO THAT SITE.

IT'S SITUATED, THERE'S THE FRONT.

BUT EVEN WHEN YOU'RE DRIVING DOWN THE OLD ARMY, YOU CAN SEE THE ENTIRE BACK.

EVEN THOUGH, SO I, I, I MEAN, TO ME IT'S ALSO A CAN.

EVEN WHEN WE VOTED ON AND APPROVED THE AWNING FOR THE GAS STATION THAT WAS THERE, THAT WAS PART OF CONSIDERATION THAT THERE'D BE NO MECHANICALS.

AND EVEN WE HAD TO WORK OUT THE FIRE SUPPRESSION, JUST THINGS THAT DID NOT IMPACT THE AESTHETICS WHEN PEOPLE WERE GOING HOME.

INTRO TRAVERSING ALONG, UM, THE OLD ARMY.

NOT TO MENTION IT'S THE ROUTE TO THE HIGH SCHOOL AND MAJOR.

MY ONLY CONCERN IS THAT IT IS A, AN IRREGULARLY SHAPED PIECE OF PROPERTY THAT I THINK WOULD BE VERY DIFFICULT TO FIND AN APPROPRIATE FUNCTION FOR.

UM, THIS AT LEAST GIVES US AN OPPORTUNITY TO MAKE AND SET GUIDELINES AND FIND WAYS OF ENFORCING IT.

UM, 'CAUSE ANYTHING WOULD LOOK BETTER THAN THE WAY IT LOOKS RIGHT NOW.

I JUST, I JUST DON'T KNOW HOW THEY ENFORCE IT.

EVEN WITH RESTRICTIONS OR CONDITIONS TO THE VARIANCE.

THE BUILDING DEPARTMENT CAN GO EVERY DAY AND, YOU KNOW, GIVE THEM VIOLATIONS FOR ALL KIND OF THINGS.

AND IT'S JUST, YEAH.

IT'S ONLY, I MEAN NOW I KNOW THEY'RE NOT GONNA DO IT.

YOU KNOW, THEY'LL DO NONE OF THE IMPROVEMENTS NOW.

'CAUSE YOU SAID, YOU KNOW, THEY'RE BASICALLY NOT GONNA, I I THINK IT WOULD BE CONTINUE THE USE.

YEAH.

I THINK IT WOULD GET REALLY COMPLICATED TOO, BECAUSE ARE WE GONNA START GETTING INTO THE NITTY GRITTY OF HOW MUCH THEY CAN ACTUALLY STORE WHAT THE SIZE OF THE AISLES HAVE TO BE? LIKE? I MEAN, IT COULD GET IT.

IT COULD BECAUSE THEY HAVE USED IT WITH AN OVERABUNDANCE OF MATERIALS THERE FOR YEARS AND YEARS.

RIGHT.

YOU COULDN'T EVEN WALK AROUND THE FURNITURE.

YOU'D HAVE LIKE, ALL YOU COULD DO IS LOOK AT IT AT A DISTANCE.

IT WAS ALSO CROWDED.

I MEAN YEAH, GO AHEAD.

CAN WE PUT CONDITIONS ON IT THAT SAY THERE WILL BE NO OUTSIDE STORAGE OF ANY BOXES? 'CAUSE I KNOW LAST TIME WE TALKED ABOUT IT, THAT WAS ONE OF THE BIG CONCERNS.

I DON'T WANT THEM TO, I WASN'T REALLY CONSIDERING THE BOXES.

YEAH.

I DON'T EVEN CARE.

LIKE BOXES.

THEY'RE NOT GONNA, THEY'RE GONNA STORE CRAP , LIKE JUST STUFF OUT THERE THAT, THAT'S NOT TIDY.

WHEN YOU SAY WHAT YOU MEAN NON FURNITURE THINGS? YEAH, A LOT OF THEM, THEY HAVE A LOT OF NON FURNITURE KIND OF STUFF.

YEAH.

I SEE.

I'M SORRY.

CHRISY.

I, I CAN'T, OH, I'M SORRY.

THEY HAVE A LOT OF NON FURNITURE ITEMS OUT.

THEY HAVE OUTDOOR THINGS OUT THERE, CORNHOLE STUFF, YOU KNOW, THERE'S ALL KIND OF THINGS THAT THEY SELL.

YEAH.

THEY SAID THEY'RE NOT GONNA DO THAT THOUGH, BUT THEY CAN.

YES.

THEY, YOU KNOW WHAT I'M SAYING? LIKE, THEY CAN SAY THEY'RE

[02:10:01]

NOT GONNA DO ANYTHING.

THEY'RE TRYING TO SELL THE WHOLE PACKAGE, BUT THEY CAN, THEY CAN STORE ANYTHING THEY WANT.

YEAH.

SHOULD WE, CAN, COULD WE PUT A CONDITION OF FURNITURE ONLY? I'M NOT GONNA, WELL, FURNITURE FOR OUTDOORS IS A LITTLE MORE EXPANSIVE THINGS.

IT CAN BE A FI YOU KNOW, A FIRE PITCH.

IT COULD BE, YOU KNOW, A , YOU KNOW, THERE'S A LOT OF THINGS THAT, IT COULD BE THE SWINGS THAT THEY MAKE.

IS THAT A PROBLEM? I JUST SAYING, DOES THAT FIT RIGHT? NO, I UNDERSTAND WHAT YOU'RE SAYING.

I, YEAH, I I THINK THAT PREVIOUSLY A LOT OF IT WAS WOOD FURNITURE AND LITERALLY THEY WOULD LEAVE IT TILL IT ROTTED AND FELL APART AND THEN, YOU KNOW, AND, AND THEN IT WOULD GET ALL DIRTY FROM THE SNOW.

AND I'M, I'M, I HAVE TO TURN UP MY HEARING AIDS OR SOMETHING.

, CAN YOU NOT HEAR ME? THESE LADIES, AIR CONDITIONING IS REALLY LOUD AND THAT'S, I HAVE TROUBLE AS WELL.

YEAH, OKAY.

I I WAS JUST SAYING THAT, YOU KNOW, PREVIOUSLY THEY WOULD LEAVE A LOT OF WOOD FURNITURE OUT AND IT WOULD LITERALLY ROT IN PLACE AND THAT IT WOULD GET DIRTY AND IT WOULD, THERE'D BE SNOW AND ICE ALL OVER IT IN THE WINTER TIME.

AND YOU KNOW, FROM WHAT I HEARD AROUND THE WINTER TIME, THEY DON'T HAVE ANY PLANS.

THEY, THEY WILL LEAVE STUFF OUTSIDE FOR STORAGE.

SO, YOU KNOW, HOW DO YOU SELL IT AFTER IT SAT OUTSIDE FOR WINTER? THAT'S WHAT I WAS ASKING.

WHAT CONDITION TO SELL.

YEAH, BECAUSE THEY SAID THEY WOULDN'T HAVE ROOM FOR IT ALL INSIDE.

I MEAN, IT, I, I VERY TORN BECAUSE IT'S IN DISMAL SHAPE AND IT'S JUST, THEY'RE NOT, OBVIOUSLY IT'S GONNA GET WORSE AND THEY'RE GONNA HAVE TROUBLE FINDING SOMEBODY TO BUY IT AND PUT SOMETHING ELSE THERE.

WELL, THERE'S ALWAYS SOMEONE, YOU KNOW, WHEN THEY HAD THAT LITTLE, LITTLE PLOT ACROSS THE STREET AND THEY GOT THE DENTIST THERE, IT'S JUST ONE, JUST ONE DENTIST, ONE CHAIR.

ISN'T IT EMPTY AGAIN? YEAH.

YEAH.

BUT WELL, FROM MY UNDERSTANDING OF THE OUTDOOR FURNITURE, UM, IT'S LIKE RAW IRON FURNITURE, TEAK FURNITURE.

IT'S MEANT TO BE OUTDOORS, UH, 12, 12 MONTHS OF THE YEAR.

AND YOU EITHER CLEAN IT UP OR YOU HAVE A YARD SALE OR SOMETHING TO, THERE'LL ALWAYS BE SOMEBODY WILLING TO, TO BUY IT.

THAT'S TRUE.

UM, I, I DON'T KNOW.

I, I, I SEE WHAT THE SPACE LOOKS LIKE NOW AND IT'S IN HORRENDOUS COMMISSION HOW ANYONE WOULD WANT TO CONTINUE TO HAVE IT THAT WAY.

BECAUSE IF WE DENY THIS APPLICATION, IT'LL BE ANOTHER FIVE OR SIX YEARS, IF NOT MORE BEFORE ANYTHING, ANY IMPROVEMENTS TAKE PLACE ON THAT PROPERTY? NOT NECESSARILY.

NOT NECESSARILY.

BUT THAT'S NOT A REASON TO THAT IT'S NOT A REASON TO GRANT IT.

HMM.

IT'S NOT A REASON TO GRANT IT EITHER.

UH, WHY ISN'T IT A REASON TO GRANT IT? BECAUSE I'LL JUST GO BACK TO SAYING THAT WE'RE GIVING THEM LICENSE TO STORE ANYTHING THEY WANT THERE.

THEY COULD.

THAT'S THE PART THAT BOTHERS ME.

.

BUT THAT'S THE ONLY PART THAT BOTHERS ME.

I MEAN, AND PLUS THE FACT THAT, YOU KNOW, THAT THE, THE ATTORNEYS SPECIFICALLY TRIED TO BE VERY CAREFUL AND SAY THAT THE HEAD IS GONNA BE 36 INCHES TALL.

SO EVERYTHING THAT'LL BE DISPLAYED ON THE OUTSIDE, WOULDN'T BE MORE THAN 30, 32 INCHES.

AND ARONDA CHAIRS TABLES, WHICH ARE 30 INCHES, SO ON AND SO FORTH.

BUT WHO'S TO STOP THE, BUT HE SAID SAID, UMBRELLAS DON'T COUNT.

OTHER THINGS DON'T COUNT BECAUSE UMBRELLAS GO UP HIGHER.

I KNOW, BUT SO, YEAH.

AND THEY'RE GONNA PUT 'EM OUT THERE.

THEY HAVE 'EM OUT THERE.

THEY HAVE, THEY HAD A SWING OUT THERE FOREVER.

YOU KNOW, IT JUST SAT THERE.

I DON'T KNOW.

I DON'T KNOW WHO'S GONNA BE MAINTAINING THAT LANDSCAPING.

THERE'S A LOT OF, AGAIN, THAT THEIR TRACK RECORD IS NOT GOOD.

THAT IS, THEY HAD A REASON TO DENY, I MEAN, OH, IT IS A REASON.

DENY.

I MEAN, IT DEFINITELY IS A REASON TO DENY THE QUESTION IS, UH, 'CAUSE I'M NOT TAKING AWAY THEIR ABILITY TO OPERATE.

THAT'S TRUE.

I MEAN, THEY'RE AN ONLINE COMPANY.

THEY CAN PUT OUT A FEW THINGS.

AND

[02:15:04]

I KNOW, I, I DON'T SEE THE NEWS.

UM, YOU'RE SAYING YOU'RE NOT DENYING THEIR ABILITY TO OPERATE.

YEAH.

THERE'S A STILL HAVE INSIDE STORES.

UM, THEY CAN STILL, I'M NOT SAYING THEY CAN'T SELL FURNITURE, YOU'RE JUST SAYING THEY CAN'T NO.

OUTDOOR DISPLAY.

CORRECT.

AND IT'S OKAY TO HAVE ONLY FIVE PARKING SPACES.

YEAH, I'M ALL RIGHT.

PARKING.

BUT YOU CAN OPERATE ONLINE AND SELL WHAT YOU YEAH.

THEY CAN DISPLAY FURNITURE INSIDE.

RIGHT.

LIKE, UM, WHAT'S THE NAME OF THE ONE DOWN IN YONKERS? FORTUNE OFF FORTUNE OFF FORTUNE OFF'S.

BACKYARD.

YEAH.

THEY, THEY, MOST OF THEIR, ALL OF THEIR STUFF IS, THEY HAVE A FEW PIECES.

THEY HAVE A PORCH, THEY HAVE A FEW PIECES THAT SIT ON THE FRONT, BUT VERY, YEAH.

YEAH.

AND, AND AGAIN, AND ITS YONKERS ANDERS.

THERE WERE, AND THE VARIANCE THAT'S BEING SOUGHT IS THE ABILITY TO USE THE EXTERIOR PORTION OF THE PROPERTY TO DISPLAY FOR RETAIL SALE.

AND I DO BELIEVE WHAT NATALIE NOCHE READ AND OTHERS, WE ARE NOW RELICENSING, AS I STATED HERE, SOMETHING THAT AT THIS TIME AND HAS BEEN ADVERSE.

SEE, SO THAT WAS THE PART THAT KIND OF STUCK WITH ME, IS THAT YOU HAVE A CONDITION AND HAS HAD A CONDITION THAT HAS BEEN ADVERSE.

BUT YOU'RE TELLING ME THAT IT'S NOT ADVERSE.

THAT'S WHERE I WAS A LITTLE BIT TORN WITH.

BECAUSE IF THAT WERE YOUR INTENT NOT TO MAKE IT ADVERSE, THEN WE WOULD NOT HAVE HAD TO COMPLAINTS FROM THE COMMUNITY THAT THAT CAME FORWARD.

MM-HMM.

.

YEAH.

I AGREE.

BECAUSE IT, YOU KNOW, WHEN YOU LISTEN TO THE LETTERS WRITTEN FROM THE COMMUNITY, PEOPLE HAVE INVESTED INTO THEIR HOMES.

AND IF YOU'RE TRYING TO SELL YOUR HOME, THAT IS BRINGING DOWN THE MARKET VALUE OF YOUR HOME WHEN YOU HAVE TO DRIVE BY THERE AND YOU SEE THAT, UH, POORLY KEPT AREA.

SO IT'S, IT'S MORE TO IT THAN THAT.

AND THIS HAS BEEN GOING ON FOR A LONG TIME.

SO MY VOTE IS NO, BECAUSE YOU CANNOT HAVE A, A BUSINESS THAT YOU WANNA HAVE A BUSINESS, BUT YOU CANNOT HAVE A BUSINESS THAT TAKES AWAY FROM THE COMMUNITY AND PEOPLE'S HOMES.

YOU ALSO HAVE EDGEMONT, YOU KNOW, DISTRICT THERE AND, AND, AND FAMILIES GOING TO AND FROM THE SCHOOL HAVE TO SOMETIMES DRIVE UP THAT STREET.

I USED TO LIVE IN EDGEMONT, SO I KNOW THAT AREA QUITE WELL.

AND THAT IS, THAT IS NOT FAIR TO THE, THE COMMUNITY OR THE CITIZENS THERE.

IF YOU, YOU KNOW, YOU HAVE TO DRIVE BY AND YOU SEE SOMETHING.

SO IN DISARRAY AND EVERY, EVERYTHING ELSE, THE CULTURE THERE, THE COMMUNITY THERE IS WELL KEPT.

AND THEN THAT IS LIKE THAT.

AND THIS HAS BEEN GOING ON FOR A LONG, LONG TIME.

SO THAT'S MY, MY THOUGHTS.

OKAY.

SO THEN WHAT IS THE APPLICANT'S OPTIONS IF WE ARE TO DENY HIS REQUESTS STILL GO AHEAD AND PUT 110,000? WELL, THEY CAN STILL DOLLARS BUSINESS INTO, THEY JUST CAN'T RUN IT OUT.

THEY JUST CAN'T STORE STUFF OUTSIDE.

HE COULD SELL PROPERTY.

HE COULD, IF HE WANTS ANOTHER BUSINESS.

THERE ARE TONS, THERE'S A LOT OF EMPTY SPACE ON CENTRAL AVENUE THAT HE COULD RENT THAT HAS INDOOR SPACE.

I MEAN, THERE, WE USED TO HAVE MANY, LIKE LEISURE ON, REMEMBER LEISURE UNLIMITED, AND I FORGET THE OTHER ONE.

THEY WERE ALL INDOOR.

I, LET'S HAVE A'S HAVE A, LET'S HAVE A VOTE HERE.

DENY, DENY, DENY, DENY, DENY.

DOESN'T MATTER WHAT I SAY.

.

NO, IT DOES MATTER.

I'M VERY CONFLICTED.

I I REALLY, I REALLY DON'T KNOW WHICH WAY TO GO ON THIS, BECAUSE WHILE I THINK THE CONCEPT IS GOOD, THIS, IT HAS, THIS WAS SOMETHING JUST BEING PRESENTED TO US AND IT WOULD SOMETHING RIGHT.

BUT WE HAVE A HISTORY.

WHATEVER.

WE HAVE A HISTORY OF THIS VENDOR NOT LIVING UP TO EXACTLY THE BUSINESS THAT HE CLAIMS. HE HAS TO SAY.

YOU'RE GONNA PUT A HUNDRED THOUSAND DOLLARS IN.

I DON'T BELIEVE YOU.

THAT'S NOT GONNA GO VERY FAR.

NO, I WAS GONNA SAY, THAT'S NOT MUCH MONEY.

THAT'S NOT A LOT OF MONEY TO BE QUITE HONEST.

UM, SO I'LL GO WITH UNANIMOUS.

[02:20:02]

DENY.

I DON'T THINK IT'S UNANIMOUS.

UNANIMOUS.

IT WASN'T UNANIMOUS.

IT WASN'T UNANIMOUS.

WE ONE.

OH, ALL RIGHT.

WELL, I WAS GONNA ABSTAIN 'CAUSE I REALLY COULDN'T F DECIDE WHICH WAY TO GO.

OKAY.

OKAY.

I GIVE THEM THE PARKING VARI.

WHAT ABOUT THE PARKING VARIANCE? SO WE'RE GONNA HAVE TWO ABSTAINED.

DOES DO YOU WANNA GRANT THE PARKING VARIANCE? NO.

BECAUSE WHAT IF HE PUTS IN TRAILERS FOR MORE STORAGE? WE, WE DON'T KNOW WHAT'S BEING PARKED THERE.

NO, HE WANTS TO REDUCE IT.

YEAH.

OH, AND THE REQUIREMENT FOR PARKING WAS 15, 25.

NINE.

HE WANTS TO REDUCE THE PARKING.

YEAH.

AND NINE, THE QUESTION IS, WILL IT BE HARDER TO SELL IF YOU DO THAT? WELL, THERE'S A, WELL, THAT'S WHAT I'M SAYING.

IF HE WANTS TO REDUCE IT, PROBABLY TO PUT MORE STORAGE THERE.

I GUESS WHAT I'M TRYING TO SAY, LIKE MAYBE PUT A TRAILER IN THERE OR SOMETHING.

IN, IN STORE FROM 25 TO NINE.

SO I DON'T THINK HE EVER HAD 25.

NO, THAT'S REQUIRED.

NINE IS WHAT'S EXISTING.

ALL THE VARIANCES HE HAD WERE GONE.

SO.

RIGHT.

COME ON, LET'S, WHERE ARE WE? I'LL VOTE IN FAVOR OF THE PARKING SPACE.

VARIANCE? NO, I VOTE NO.

OKAY.

YOU GUYS IN THE MIDDLE.

FILL IN FINE WITH THE PARKING VARIANCE.

I'M LOOKING TO SEE IF THAT'S WHAT'S IN, THAT'S WHAT'S BEEN NOTICED.

YEAH, IT'S IN THERE.

OKAY.

I THINK, NO, IT'S NOT, IT'S NOT SEPARATE, BUT IT, IT IS THERE IT IS THERE.

THE VARIANCE FOR PARKING.

APPLICANT IS REQUESTING AN AREA VARIANCE FROM SECTION 2 85 DASH THREE AE ZONING ORDINANCE TO REDUCE THE MINIMUM NUMBER OF PARKING SPACES FROM 25 REQUIRED TO NINE PROPOSED.

ADDITIONALLY, APPLICANT IS REQUESTING A VARIANCE FROM SECTION 22, 85 DASH 29.1 B TO A ONE OF ZONING ORDINANCE.

IS IT ON HERE TO USE THE EXTERIOR OF THE PROPERTY TO DISPLAY ITEMS FOR RETAIL SALE? PROPOSED, PUT ONLY FULLY ENCLOSED UNTIL WE GOT IT.

.

MORE STORAGE.

SO WE HAVE WERE YOU A YES.

OF THE PARKING? WELL, I DON'T THINK PARKING.

YES.

IN FAVOR.

WE OKAY WITH THE PARKING IN FAVOR? IN FAVOR? IN FAVOR.

OKAY.

I'LL BE IN FAVOR.

PARKING.

HMM.

FAVOR OF PARKING.

PARKING, PARK.

PARKING.

YEAH.

ONLY BECAUSE I DON'T THINK THERE'S ANY CHOICE.

THERE'S NO OTHER PLACE TO PARK.

YES, EXACTLY.

SO, OKAY, SO WE'RE SIX ONE, SO I KNOW AND YES, YES, YES, YES.

DO YOU HAVE ANY IDEA WHAT THAT VOTE WAS? COULD YOU HEAR IT? DO YOU NEED ANYBODY TO SPEAK UP? I'M SORRY, WHAT WAS THAT? SO IS THAT, DOES THAT COVER EVERYTHING? THE PARKING AS WELL AS WELL? YEAH.

SO WE GOT A YES OR NO SPLIT.

IT'S A SPLIT DECISION.

YEAH.

WE HAVE, WE HAVE SIX NOS ON THE USE, USE TO USE THE EXTERIOR TO DISPLAY ITEMS FOR RETAIL SALE.

BUT WE HAVE SIX IT'S EXPERIENCE, BUT WE HAVE, WELL, I KNOW IT'S NOT A USED VARIANCE JUST FOR CLARITY, BUT IT SAYS TO USE THE EXTERIOR AND ON THE PARKING.

PARKING HAVE 1 0 6.

YES.

ONE.

OH, SO IT'S THE SAME.

I'M SORRY, WHAT DID YOU SAY? IT'S, I SAID ON THE PARKING IT WAS SIX.

YES.

I THOUGHT, YEAH.

WHICH INCLUDES YOU.

THAT'S WHAT I PARKING AND ONE, NO, IT'S SIX YESES.

ONE.

NO.

ALRIGHT.

OKAY.

AND WITH RESPECT TO THE USE OF THE EXTERIOR, IT IS FIVE AND TWO.

IS THAT IT? YEAH.

FIVE AND TWO ABSTAINS.

FIVE AND TWO ABSTAIN.

ALL RIGHT.

I MEAN, I, I'M ALSO COMPLETELY, BECAUSE THERE WAS ONE THING THAT MR. BOLDEN SAID, ABSTAIN TONIGHT.

AB AND LEWIS SAID, AND ACTUALLY I AGREED WITH, AND LEWIS SAID YES, WHICH WAS ON

[02:25:01]

THE FIRST ONE, LOOKING TOWARDS THE FUTURE.

LOUIS WAS A YES.

I WAS IN ABSTAIN.

EVERYBODY ELSE THINK'S GONNA BE ON ONLINE ON THE OCTOBER DISPLAY.

AND IF A CUSTOMER WANTS TO GO AND TOUCH A PIECE OF FURNITURE, THEY CAN DO THAT.

INDOOR .

WELL, YOU KNOW WHAT WALMART IS DOING? WALMART IS DELIVERING FURNITURE AND GIVING YOU AN OPPORTUNITY.

CLARIFICATION.

HAVE IT, AND THEN SEND IT BACK IF YOU DON'T OWN IT.

KIRA? YES.

YES.

OKAY.

WE'RE JUST TRYING TO DO A CLARIFICATION FOR KIRA THAT ON DISPLAY IT WAS NO, EXCEPT LOUIS VOTED YES.

AND I ABSTAINED.

OH, LOUIS VOTED NO.

LEWIS ABSTAINED.

TWO ABSTAINED, ABSTAIN.

TWO.

YES.

NO.

AND THE REST OF US VOTED.

IT WAS SIX YESES AND ONE, ONE, NO ONE, NO ONE NUMBER.

YEP.

TRYING TO GET IT RIGHT.

AND THE ONE NO WAS, YEP.

ME, PAULINE, DR.

MOSTLY.

OKAY.

ALL RIGHT.

THAT WAS TOUGH.

I LOOKING AT MY PHOTO.

YEAH.

.

I AGREE.

WELL, THE REST IS GONNA FLY.

SO LET'S GO ALL.

SO, UM, WITH RESPECT TO 24 12, IS THAT THE ONE? NO.

WELL, IT'S THE 20.

THE RE-NOTICE IT IS THE 24 11.

WAS THAT IT? NO, 24 12.

24 11 IS A TURN UNTIL AUGUST, RIGHT.

IT SAYS, RIGHT.

AND THIS ONE IS CLOSED AND THEN 12 IS THE ONE HAS TO BE RETIC.

WE HAVE TO VOTE ON REOPEN.

EXCUSE ME.

SORRY.

REOPEN.

WE HAVE TO AURN.

YEAH.

FOR REOPEN.

YES.

SO WE HAVE TO VOTE ON THAT FOR 24 12.

WE HAVE TO DO 24 LEFT.

WE DON'T NEED TO.

IT'S ALREADY BEEN AJOUR.

NO, THAT'S ALREADY BEEN AJO.

THAT'S AUR ALREADY.

WE HAVE TO VOTE.

THAT'S AS OF RIGHT.

24 12 FOLKS REOPEN.

YOU NEED A MOTION? WELL, WE'RE NOT ON THE RECORD YET.

ALL RIGHT.

AND THEN WE'RE GOING TO 24 13 N NISSAN, WHICH I DON'T THINK WE'VE GOT.

AT LEAST I DON'T HAVE CLEAR YEAH, THAT'S AN INTERESTING ONE.

AND THAT PARTICULAR ONE CHOICE OF WHICH PROPERTY TO USE IS VERY INTERESTING BECAUSE ONE COULD THEORETICALLY HAVE A WRAPAROUND DRIVEWAY VERSUS THE EASEMENT.

AND I GUESS THIS WOULD BE A LEGAL QUESTION AS WELL AT, UM, WOULD THE EASEMENT ITSELF PRECLUDE THE VARIANCES? 'CAUSE THEY ACTUALLY HAVE USE OF IT, OF THAT ADDITIONAL RAM MASS.

IT DOESN'T PRECLUDE, IT WOULDN'T PRECLUDE THE VARIANCES.

DOESN'T PREVENT YOU FROM GRANTING THE VARIANCES.

MM-HMM.

.

OKAY.

SO THEN MY THOUGHTS WOULD BE TO THE APPLICANT TO POTENTIALLY RESTRUCTURE THE OLD CARPET STORE, BECAUSE THAT'S WHAT THAT WAS.

UM, WHICH MAY MINIMIZE THE VARIANCES ON THAT PROPERTY LINE.

I, I DON'T KNOW WHAT ELSE TO DO WITH IT.

I GUESS MY VIEWPOINT WAS THAT I HAVE TROUBLE CREATING TWO SUBPAR.

WHAT'S, NO, I'M SORRY, GO AHEAD.

WE HAD THIS LAST MONTH AND I WAS SHOCKED THAT NOBODY WAS FOR IT.

YEAH.

UM, UM, YOU'RE FINE WITH IT.

YEAH.

I HAVE NO ISSUE WITH IT AT ALL.

OKAY.

NEITHER DO I I WANNA SEE .

I, I WOULD LIKE KARA, IF YOU CAN, TO GIVE US THAT, UH, ONE THAT WE DID ON CENTRAL AVENUE.

IT HAD TO DO, I THINK IT WAS, HE DID CITE IT 12, I THINK IT WAS 12 4, 12 34.

12 34, 12 34.

WHICH SUPPOSEDLY WE DID THE SAME THING WHEN WE WHAT CARE IS LOOKING FOR THAT WHICH ED SAID HE COULDN'T FIND.

MY, MY PROBLEM WAS THAT 1234, THE CREATING IN PERPETUITY TO SUBPAR LOTS BECAUSE THE OWNER DOESN'T WANNA BE A LANDLORD, WAS WHAT WE WERE JUST TOLD.

THAT'S IT'S A SITUATION OF THIS IS WHAT YOU BOUGHT.

I, BUT THEY, HE ALREADY HAS THE FOUR VARIANCES ON THE LOT.

BUT THIS IS TO CREATE, THOSE WERE THE FOUR PERIMETER VARIANCES.

THIS IS TO CREATE THAT LINE IN THE MIDDLE.

YEAH.

AND DIVIDE, DIVIDE IT RIGHT THERE INTO TWO LOTS.

MM-HMM.

.

AND THAT'S WHERE I HAVE THE PROBLEM.

THEY'RE BOTH, YOU KNOW, BUT HE'S NOT CREATING ANY NEW, THERE'S ALREADY A BUILDING ON THE LOT.

IT'S NOT LIKE HE'S CREATED NEW AT THE MOMENT.

AGAIN, WE'RE PUTTING SOMETHING IN, IN PERPETUITY.

IF THEY TAKE THE BUILDING DOWN THOUGH, YOU COULD BUILD THINGS THAT FIT THE LOTS, FIT ALL THE ZONING ORDINANCES.

THAT'S WHY I WAS SAYING WHAT DOES THE BUILDING, I MEAN, IT LOOKED LIKE A SHELL ALMOST KIND OF BUILDING, BUT I'M NOT.

BUT THE, THE ISSUE WAS, YOU KNOW, WHAT IS THE PURPOSE OF THIS? SO HE COULD SELL

[02:30:01]

THE FARM.

SO HE COULD SELL SELL, BECAUSE HE DOESN'T SELL BUILDING DOESN'T WANNA DO A LEASE, DOESN'T WANNA BE A, DOESN'T WANNA BE A LANDLORD.

AND HE DOESN'T WANNA SPEND MONEY.

DOESN'T SEEM TO HAVING THE SPACE TO BE ENOUGH TO CREATE SOMETHING IN PERPETUITY.

WHAT'S THE DOWNSIDE? YEAH, WHAT'S THE, LIKE WHAT'S THE NAME? WELL, THE, THE LOTS MAY BE IN PERPETUITY, BUT WHAT IS GETS BUILT ON THEM EVENTUALLY COULD TOTALLY CHANGE.

RIGHT? YOU COULD BUILD SOMETHING ELSE.

YOU COULD BUILD SOME BIKE PLANES KEEP MARCHING OUT.

WELL, YOU COULDNT BUILD MUCH, MUCH MORE.

LIKE YEAH, IT'S ALREADY MAXED OUT SO LOT.

SO LET'S SAY THEY DID SOME, ANOTHER OWNER.

DID I, I'LL, I CAN, I CAN SEE WHERE YOU'RE SEEING IT NOW.

BUT IF ANOTHER OWNER DID COME IN AND PURCHASE THE PROPERTY, THEY HAVE TO COME BACK WITH VARIANCES AT THAT POINT TO DO WHATEVER THEY'RE GOING TO DO.

OKAY.

I DON'T, OR THEY COULD BUILD IT WITHIN AND NOT REQUIRE THE VARIANCES.

YOU CAN GO BACK, MAKE VARI GO SUB.

THEY CAN JUST CLEAN IT UP.

THEY CAN USE IT SOMEONE, BUT THEY CAN'T BECAUSE IT'S EXISTING BUILDING HAVE TO GIVE ORDER SUB.

SO THEN THE ONLY VARIANCE THAT WOULD SUB LOT ONE.

YEAH.

BUT, BUT THEN, I MEAN IT DIDN'T, IF I CAME IN, WENT PUT A HOUSE, THEN YOU COULD SUBDIVIDE IT.

IF SOMEBODY BUILT IT DIFFERENTLY, IT TOOK DOWN ONE BUILDING, THEY'RE NOT GONNA DO THAT.

I HAVE TO COME BACK AND SHE'S NOT GONNA INVEST IN A PROPERTY TO SELL COMMERCIAL.

YOU COULD PUT A CONGO THERE.

YEAH.

HE'S NOT GONNA DO THAT.

YOU WANT SELL YOUR PARTY.

HE JUST WANTS TO GET HOUSING HOUSES BECOME LANDLORDS DO THAT.

THEY BUILD LEASE.

SO THEY BUILD TO SELL.

LIKE THEY BUILD TO SELL.

RIGHT.

IF YOU DID ANYTHING OTHER THAN WHAT WE ARE APPROVING NOW, YOU'D STILL HAVE TO COME BACK THERE.

THERE WAS A COMMENT LAST MONTH I THINK ABOUT NOT APPROVING IT BECAUSE WE'RE MAKING THE OWNER'S LIFE EASIER.

BUT I, I DON'T THINK THERE'S ANYTHING TO DO WITH IT.

I DON'T EITHER.

AND, AND I THINK THAT HIS MAKING IT EASIER FOR HIM TO SELL THAT OTHER PIECE OF PROPERTY WILL MAKE IT EASIER FOR LOT TWO TO BE IMPROVED.

WHEREAS IF WE KEEP, UH, KEEP THE OWNER, UH, OWNING BOTH PIECES OF PROPERTY, MOST LIKELY HE WON'T IMPROVE THE SECOND LOT.

UH, THAT'S, THAT'S THE LEAP OF FAITH THAT I DON'T UNDERSTAND THAT.

IF HE'S THAT, I DON'T UNDERSTAND WHY IF YOU RENTED IT OUT, IT WOULDN'T BE IMPROVED.

UH, WHAT DOES SELLING DO TO, I THINK THERE'S AN ASSUMPTION THAT I I I'M NOT BUYING INTO.

HM.

I, I DON'T WANNA PROPOSE THE, THE BUSINESS STRATEGY, BUT IF I WERE TO SELL THAT FOR 10 MILLION, THE RENOVATIONS I'M MAKING ARE MINIMIZED.

I DON'T ALSO THINK THAT IF YOU YEAH.

RIGHT.

I WOULDN'T BRING THAT IN AS A THOUGHT.

I'M JUST SAYING IF YOU RENTED IT TO SOMEBODY ELSE, I DON'T SEE THAT RENTER SPENDING A HUGE AMOUNT OF MONEY TO PROVE A LOT EITHER.

YEAH.

WHEREAS AN OWNER WOULD HAVE MORE, MORE TO POTENTIALLY.

YEAH.

OKAY.

UH, I DON'T HAVE A PROBLEM.

, IF THEY TORE DOWN THE BUILDING AND WANTED TO READ, REBUILD, AND WANTED TO BUILD A NEW BUILDING, DOESN'T IT HAVE TO CONFORM TO THE CODE? YES.

YES.

YEAH.

THEY'D HAVE TO COME BACK.

YEAH.

THAT'S WHY I CHANGE.

RIGHT.

YOU CHANGE THEY HAVE A CERTAIN AMOUNT OF IT TO COME BACK.

IT TO COME BACK.

YEAH.

THEY'D HAVE TO LEAVE A CERTAIN AMOUNT OF IT UP.

RIGHT.

LIKE, I DON'T KNOW HOW MUCH IT IS, BUT THEY COULD, OR IF IT GET DOWN TO THE SHELL, IF IT BURNT DOWN, I THINK THEN YOU HAVE SOME WEIGHT THERE.

75%.

OKAY.

OKAY.

THERE YOU GO.

OKAY.

OKAY.

THAT'S WHAT I WAS LOOKING FOR.

THE NUMBER YOU, ME OVER, DO WE WANNA TAKE A VOTE? BUT THEY'LL STILL HAVE PREEXISTING NONCONFORMITIES TO CONTEND WITH.

YES.

AND BECAUSE YOU'VE GOTTA COME BACK BEFORE US.

BUT IT DOESN'T CHANGE THE FACT THAT, I'M SORRY.

YES, IT DOES.

CAUSE LOT TWO, IT HAS COME BACK STORM, THE COMEBACK AT THE SIDE YARD ON ONE SIDE.

THAT'S ONLY THE, THE MIDDLE.

MIDDLE.

THE MIDDLE.

SO IF WE APPROVE THAT, IT DOESN'T EVER HAVE TO BE FIXED.

THAT'S GONNA HAVE AN EASEMENT.

SO UNLESS THEY TEAR DOWN THE BUILDING, THAT'S WHAT JUST SAID.

THEY TEAR DOWN THE BUILDING OR IT BURNS DOWN AND THEY HAVE TO GO, THEY HAVE TO HAVE 20 FEET FROM OTHER BUILDING FEET.

THEY HAVE MONTHS WITHIN A CERTAIN PERCENTAGE.

75%.

YEAH.

I'M OKAY.

OKAY.

I'M OKAY.

SO WHAT ARE WE AT, LIKE FOUR OR FIVE TAKE ABOUT YOU? WELL, WHO, WHO'S AGAINST IT? I'M AGAINST IT.

OKAY.

WE HAVE ONE.

YOU ALL MY CARS ON FOUR.

YOU WANT ELECTRIC CARS? ELECTRIC? I'M OKAY IN IT.

I'M FINE.

I DRIVE A HYBRID.

[02:35:01]

.

I'M OKAY IN IT.

YOU OKAY WITH IT? SO IT'S JUST I'M OKAY.

JUST ME.

JUST YOU.

OKAY.

OKAY.

WE'LL JUST TELL KIRA WE TALK THERE.

IS SHE OVER THERE? WE'LL JUST TELL HER WHEN SHE COMES.

SHE WENT THAT CASE.

OKAY.

SHE'S BUYING A CAR THEN NOW.

ELECTRIC CARD.

, FLINT CAN TELL ED, YOU KNOW, HE'S GOT HIS HEAD DOWN AND HE'S LIKE, AND HE'S, HE'S TUNED IN.

I TELL YOU, IT'S STILL COMEDIC WHEN NECESSARY.

.

OKAY.

OKAY.

NEXT.

I DON'T HAVE A PROBLEM WITH THIS ONE.

24 14.

IS THAT THE NEXT ONE? THAT ONE IS FINE.

YEAH.

20.

YES, THAT'S FINE.

I JUST WANNA GET ON THE RECORD AS SAYING THAT IS PROBABLY THE MOST TASTEFUL ADDITION WE HAVE EVER HAD COME BEFORE US.

MOST TASTEFULLY DESIGNED.

NO, I LIKE THE ONE BY THE LAKE.

OH, I THINK THIS, I THINK THIS IS JUST BEAUTIFULLY DESIGNED, BUT YOU COULD SEE THROUGH THIS AS AN ADDITION TO A BEAUTIFUL HOUSE.

IT IS.

IT'S ONE, ONE.

VERY NICE.

POOR THANKS.

UM, YEAH, I HAVE NO PROBLEM WITH THAT.

YEAH, I HAVE NO PROBLEM WITH THAT.

WHAT? ANY OF THE PHONE.

OKAY, SO THIS IS SEVEN? YES.

YEP.

YES.

MM-HMM.

.

I'M JUST TAKING THIS FOR KI SO I'M RIGHT.

PROBLEM WITH THAT ONE.

I THINK YOU, DID YOU SEE MY RESPONSE TO THAT EMAIL? YES, I DID.

MY HEART, MY HEART MELTED.

YEAH.

THE MOMENT I READ THAT SUPPORTIVE LETTER.

YEAH.

ALRIGHT.

PLUS THE DISTANCE BETWEEN PROPERTIES IS SO LARGE, IT'S NOT LIKE, YEAH, IT'S OKAY.

ALRIGHT.

GOLF RANGE.

THE GOLF RANGE.

I HAVE NO PROBLEM.

LOVE IT.

NO.

TOO, TOO MUCH GOLF.

.

YES.

THEY NEED TO BUILD A LACROSSE OR CROSS CROSS RANGE.

YOU COULD DO LACROSSE THERE.

MAYBE.

I THINK WE SHOULD MAKE HEAR THAT LACROSSE RANGE.

HOW ABOUT PICKLEBALL? YOU KNOW? OH, I JUST, I SAY NO, I'LL HAVE TO GET DIVORCED.

SO ACTUALLY BUILD A CRICKET FIELD TOO.

ALL RIGHT, SO THAT'S A SEVEN.

YES.

OR GAME ONE.

GAME ONE.

YES.

SEVEN YESES.

YES.

AND ALSO EDITION.

OH, THAT'S ONE TO HALL.

AND THIS WAS .

YEP.

LEWIS HAS A PROBLEM WITH THE BUILDING DESIGN.

LIKE THE BUILDING.

HE'S HE'S MAKING THAT UP.

COME ON, .

WE NOW HAVE TO DECIDE WHO'S WRITING ALL THESE UP, BY THE WAY.

OH, THAT'S A GOOD QUESTION.

OKAY, SO IS THE LAST ONE SEVEN? YES.

ALSO? YEAH.

YES, YES, YES.

EASY.

YES.

WE CAN GO.

IT'S 10 O'CLOCK.

OKAY.

THAT'S TRUE.

ED DROPS THESE DOWN.

THESE ARE ALL SIMPLE ONES.

THAT'LL TAKE HIM FIVE MINUTES.

WHO? ED .

OKAY.

ARE WE, I TAKE IT WE'RE DOING THE, WE'RE GONNA WRITE THE NOT TONIGHT NOW.

YEAH.

OKAY.

I, I, SORRY.

I'LL TAKE SIX.

I'M FINE WITH THAT.

OH, I, I, THAT'S WHAT I WAS GONNA DO.

I LEFT THE HOUSE SO MUCH.

OKAY, I'LL DO SEVEN.

DO YOU WANNA TAKE SIX? THAT'S, I, I DON'T CARE.

ALRIGHT, SO SHAUNA DOES SIX.

I'LL DO SIX.

I'LL DO SEVEN.

SEVEN.

ONE OF YOU GUYS DO, UH, I THINK I KNOW THEY CALLED IT EIGHT.

SOMEONE.

YOU'RE NOT GONNA DO ONE.

REOPENING THE, UH, BLACK BRIDGE.

24 12.

YES.

YES.

WE'RE GONNA DO THAT.

WE DIDN'T VOTE YET.

WE DIDN'T VOTE YET.

WE GOTTA GO ONLINE.

OKAY.

BUT I MEAN, WHAT DO YOU GUYS, YOU HAD THE STRAW VOTE.

YOU DISCUSSED IT.

YES, WE HAD THE STRAW VOTE.

WHO'S, WHO'S, WHO'S WRITING UP FIVE ED'S GONNA DO THAT? THE LOT LINES.

YEAH.

YEAH, THAT.

I THINK ED HAS TO DO THAT ONE, RIGHT? I'M NOT, THAT'S, WE WANT A PERCENTAGE IN THAT.

SO WE'LL CLOSE THAT FOR SEVEN.

SO ED'S DOING THAT ONE.

ONLY SIX WAS DOWN THERE.

EIGHT SHOWING ED'S DOING THAT.

ONE DOCTOR.

HE'S NOT ANSWERING FIVE.

NUMBER FIVE.

YOU WANT MULTIPLE DECISION ONLY YOU DO IT.

NO, THAT'S IT.

I CAN DO FIVE.

BUT THEN WHO'S DOING? YOU DO FIVE.

YOU'RE GONNA DO FIVE? THE SUBDIVISION ONE? YEAH.

WHY IS THAT SO HIGH? ALL RIGHT, GO AHEAD.

YOU GOT IT.

OKAY.

CHRISTIE, , I TRYING TO DISCOURAGE YOU BY WHICH ONE? COMPLICATED.

CHRISTIE'S DOING NUMBER FIVE.

OKAY.

I HAD

[02:40:01]

A IS SOMEBODY COMPLAINING THEY WANT TO SWITCH UP? I JUST DON'T HAVE THE CASE FILE FOR 16TH.

DOING NUMBER TWO? YES.

OH.

OH ED, ARE YOU DOING NUMBER TWO? I'M JUST GETTING BACK IN.

GOOD THING.

SHOULD WE, I WANT YOU TO SEND ME YOUR THOUGHTS ON THAT AND I'LL PUT IT TOGETHER FOR TWO.

OKAY? OKAY, PERFECT.

SO, 'CAUSE I COULDN'T HEAR, WE COULDN'T HEAR UP HERE.

WHAT? OH, LOT OF CONVERSATION GOING ON.

YOU WANT TO START OVER? SO EVERYONE PLEASE MOVE CLOSER TO THE MICROPHONE SO THAT ED MAY HEAR OUR DELIBERATION GONNA BE FOR DECISION ONLY OR NOT THAT WITH PATIO.COM DECISION ONLY.

OKAY, WE ARE NOW MOVING.

WHO'S DOING NUMBER EIGHT? NUMBER? NOT, HE'S DOING DECISION ONLY.

NO, NO.

THE VERY LAST PEOPLE WON'T BE HERE NEXT MONTH.

SO WE CAN'T DO THAT.

WHAT WE CAN'T CLOSE FOR DECISION ONLY BECAUSE LIKE, HALF THE BOARD'S NOT GONNA BE HERE NEXT MONTH FOR NUMBER TWO.

OH.

SO WE WANNA JUST, ALRIGHT, SO VOTE TONIGHT.

WE HAVE TO WRITE IT UP.

IT IS A SPLIT ON THAT ONE.

I CAN'T, UH, SORRY.

WHICH SOMEBODY HAS TO MAKE MOTION.

OH YEAH, THAT'S OKAY.

WE'LL MAKE THE MOTION.

BUT, UM, MS, WHO ELSE WHO DO FIVE WHO'S NOT BE HERE NEXT MONTH? I'M GONNA HAND.

OKAY.

WHO'S DOING, WHO'S DOING? I THINK EVERYBODY 24 0 7 DECISION IS THE, UH, CHICK-FIL-A I CAN VOTE.

WE'RE DOING IT THEN HERE.

SO THEY'RE NOT DOING THAT ONE MAKES ME NERVOUS.

OH, I, OKAY, WE'RE NOT DOING THAT ONE.

WHICH THIS ONE IS THAT, WHERE IS IT GONNA BE HERE? WHAT NUMBER IS THAT? NINE.

AS LONG AS I DON'T HAVE AN EMERGENCY, I CAN BE HERE.

THAT'S NUMBER TWO.

ED IS DOING THAT ONE.

WE'RE GONNA DO THE MOTION AND THEN WELL, WE'RE GONNA DO THE MOTION.

YEAH.

WHAT'S THE NEXT ONE YOU HAVE? SO CHRISTY, YOU GONNA DO 12? NO.

UM, OR YOU WANT TO DO THAT'S I CAN DO TWOS THE WHOLE CONVERSATION WE'RE HAVING RIGHT NOW.

I DON'T KNOW.

THAT'S THE LIGHT BRIDGE ACADEMY.

THOUGHT TWO.

ED IS GONNA DO TWO.

OKAY.

BUT WE'RE GONNA DO THE MOTION.

A MOTION.

YEAH.

13.

UH, 13 IS YOU, IS CHRISTIE 13? 13.

24.

13.

NO, NO, NO.

FOUR 13.

OH WELL, YES.

YES.

WHO'S DOING 14? YES.

AND THEN I'LL 24 15 IS YOU WE'RE GONNA DO EIGHT TOGETHER.

YEAH, I'LL KNOCK THAT OUT.

WE THAT OUT.

THANK YOU.

AND WE AT 24 16, UM, THAT WAS THE LAST CASE.

WHO'S DOING THE LAST ONE? WE ARE, WE'LL WORK ON IT ON THIS DAY.

COULD YOU PASS THAT DOWN? OKAY.

OH, YOU HAVE THE SHEETS.

LOOK AT THIS.

THAT'S WHAT I'M SAYING.

THEY HAVE THE SHEETS.

YEAH.

WOW.

LET'S HAND THIS BACK TO HER.

WHICH PUT THEM.

THANK YOU.

OH, DO WE NEED THE MOTION GRANT? IF YOU GIVE ME, UM, WE GAVE IT TO YOU.

NUMBER NINE.

UNDESIRABLE CHANGE.

OH, WE DO.

IT'S IN THE FILE.

WHICH ONE IS THIS THAT YOU WANT? WE MAY OH NINE.

WE HAVE, WE'RE GONNA MAKE THE MOTION FOR I KEPT THE VOTING FOR YOU.

HERE IT IS.

AND, AND HAND.

WE HANDED ALL THESE OUT.

THEY'RE ALL HANDED OUT.

WE HAVE THE VOTE COUNT FOR YOU FOR EVERYTHING YOU'VE TRAINED US WELL, NINE.

OH, THIS IS, DID YOU GET IT FROM YEAH.

YEAH.

LOOK AT YOU.

THAT'S STRAIGHT.

OKAY.

HERE'S THE I OKAY.

THAT WE, THAT AREN'T BEING .

THIS HERE'S WHO, WHO'S DOING WHAT AND WHAT THE VOTE WAS.

YEAH, I HANDED IT.

OKAY.

I ALSO HAD DID YOU TOLD HER WAS DOING I DIDN'T BELIEVE WHO WAS DOING WHAT.

YEAH, THIS WAS MUCH MORE OF ALL AUTHORS.

BUT LOOK AT ME.

THEY WENT QUICKLY.

I YOU WEREN'T EXPECTING JUST TO GO.

OH YES, JUST YOURS.

OKAY.

OKAY.

I CAN'T DO THE SECOND TICKET.

IT'S NOT, IT'S A LOT OF TIME.

FINISH PACKING.

I WAS HERE FOR THAT AGENDA.

RIGHT? I'M THE NEXT SENIOR.

FIRST.

[02:45:11]

SAME.

YOU DON'T HAVE YOU.

I HAD, I GAVE IT TO THE ONE THAT TALKS ABOUT THE PARKING.

OH, IT'S RIGHT HERE.

IS THIS CHRISTIE'S STARTING IN 24 13.

THIS ONE TALKS ABOUT PARKING.

NO, I JUST NEED THE ONE THAT TALKED ABOUT, REMEMBER THERE WAS ONE THAT TALKED ABOUT PARKING? OH YEAH.

HERE IT IS.

THIS ONE.

PARKING SPACES.

YEAH.

ONE PATIO.

OH, YOU HAVE IT TOO? YEAH.

RIGHT HERE.

RIGHT.

YOU YOU GO BACK.

DON'T WORRY ABOUT IT.

DON'T WORRY ABOUT DO WE NEED IT? NOT I GOT IT.

IT'S GOT CUT OFF.

I'M JUST THINKING MAYBE YOU WANT TO CLOSE THAT ONE.

DON'T.

YOU DON'T WANT TO NEED, YEAH, I'LL PUT IT WITH THE BURDEN.

THIS ONE I WANT TO SEE EVERYBODY I GOT.

OKAY.

MM-HMM.

.

I'LL DO THE OTHER ONE.

I DO, I'LL DO THE PATIO EMAIL.

THAT'S THERE CASE.

YEAH.

THAT'S WHAT HAPPENED WITH EVERYBODY.

EVERYBODY SAYS THE SAME.

EVERYBODY HAS THE SAME PROBLEM.

OKAY.

SO MAYBE WE WANT I DO TAKE A LOOK AT THAT.

OKAY.

ALRIGHT.

SO CLOSE.

12, 13.

OH, I, I'VE BEEN TRYING TO BE GOOD.

YOUR PEOPLE DIDN'T LIKE IT.

KIRA.

WE'RE GOING SITE FOR 1213.

WE'RE GONNA CLOSE FOR DECISION ONLY.

IT DOES NOT, IT DOES NOT IMPACT.

WE'RE NOT DOING THE VOTE.

JUST CLOSING FOR DECISION ONLY ON 1213.

OH, ON BOTH OF THEM.

ON THE SUBDIVISION ONE.

JUST THE SUBDIVISION ON 13 IS CLOSED FOR 24.

13 IS CLOSED FOR DECISION ONLY.

YEAH.

YEAH.

WHY THE SUBDIVISION ONE? BECAUSE ED WANTS TO NO, WE HE DID.

WE DID.

HE.

OH, SO NO VOTE.

OKAY.

OH, THAT'S 'CAUSE CHRISTIE, NOW YOU DON'T HAVE TO DO ONE.

NOW I GOTTA DO TWO.

BUT HE SAID WE HAD TWO.

YOU'RE DOING PATIO.

OH, OKAY.

I THINK THAT'S, I DID THE TOO.

OKAY.

IT TURNS OUT PATIO COM.

I KIND OF SHOULD.

OKAY.

CHRISTIE'S DOING THAT.

NOT ED.

AND THAT'S 30.

YOU SAID THREE.

THAT'S JUST THE MEMORY.

THAT'S NOT, THAT'S NOT STORAGE.

SO WHAT DO YOU, IS THE SUBDIVISION THIS THING? YEAH.

I TALK TO PEOPLE.

THIS.

OKAY.

NOW THIS ONE.

SO THAT'S JUST 37 YESS.

I'M WRITING IT UP.

WHAT DID THAT'S, ARE YOU THAT GOOD? UM, ARE WE STARTING, ARE WE BACK ON THE RECORD YET? DIANE'S DOING THAT ONE.

AND THIS ONE WAS SEVEN YESES AND WILLIAM AND PAULINE ARE DOING THAT ONE.

THEY'LL HAND IT TO YOU.

WILLIAM DOESN'T WRITE WHEN HE'S SITTING IN FRONT.

OKAY.

ARE WE BACK ON THE RECORD YET? NOT YET.

YOU READY? CAN WE GO BACK ON THE RECORD? OH, THAT'S WHAT, SO WE WILL, SO PATIO WAS DONE.

CHRISTIE'S WRITING IT UP.

YEAH, THIS IS ALL PAPER FOR THE BIRD.

THEY WERE PAPER FOR HER BIRD.

THAT'S WHAT I WAS FIRST.

THIS IS ALL PAPER.

PAPER.

OKAY.

SUBDIVISION HAVE TO SAY WE'RE GOOD.

OKAY.

YOU'RE DOING THE, I'M JUST DOING

[02:50:01]

OKAY FOR, I'M GONNA MOVE THAT ONE BE GRANTED AND I'LL JUST READ THE TOP PART AND THEN I'M GONNA READ THAT.

THE OTHER ONE IS DENIED.

AND THEN I'LL FINDING THIS WEEKEND.

IS EVERYTHING A TYPE TWO? OH, I DON'T KNOW.

TELL ME.

HELLO.

UH, YES.

NOT YET.

YES, THEY HAVE, THEY HAVE LITTLE THINGS FOR THAT.

WHAT WAS WRONG WITH THAT? YOU NEED TO GET A COVER.

I'M JOKING.

SO, WELL I PUT, HE PUT TAPE ON HIS, YOU SHOULD USE A COVER THE CUP FOR OH THAT'S REALLY NICE.

OH, OKAY.

THANKS.

LEGS RIGHT IN YELLOW.

YOU CAN READ THE GREEN IS LIGHT AND THE REST GONNA, ALL COURSE ALL GREEN.

EVERYTHING IS A TYPE TWO.

OKAY.

SO WE HAVE SMALLER ONE, A NEWER VERSION LIKE WE SUBDIVISION.

ARE YOU NEXT MONTH? AND SHAUNA, YOU'RE HERE NEXT MONTH.

PARDON? YOU'RE HERE.

OH WAIT, NO, YOU VOTED AGAINST THIS ONE.

SHE, SO IT'S 1, 2, 3, 4.

THAT'LL BE FOUR OF US THE NEXT MONTH.

ONE SUBDIVISION.

YOU READY TO GO BACK? I THINK SO GUYS, WE'RE UH, GOING BACK ON IT IS LEARNING CURVE.

ON THE TOUCHES.

ON THE TOUCHES.

WE GET OUTTA HERE TIME AGO.

OH OKAY.

I USUALLY, RIGHT BECAUSE WHAT I WAS DOING AT FIRST WAS WHEN I WOULD CLOSE IT, THESE WOULD COME IN AND I DON'T WANT PUT ANY PRESSURE ON SCREEN THIS FIRST.

THE ONLY THING I WOULD'VE DONE IS I WOULD'VE WANTED THIS IN BLACK.

I DON'T FEEL IT HERE, BUT THEN COMING THAT SIZE 16 INCH, I DON'T FEEL IT.

OKAY.

THINK THIS PROJECTED.

WHAT ARE WE DISCERN? THIS ONE? YEAH.

WE ALREADY VOTED ITUR.

THIS ONE.

THIS ONE WE'RE ON.

WE'LL HAVE THAT.

THIS ONE I'M GONNA DO.

YEAH.

SHOULD YOU READY? AND THEN BACK ON THIS ONE.

WE HAVE THE VOTE ON YOU, RIGHT? 24 11.

THAT LITTLE STRAIGHT EDGE.

JUST SO AJOUR.

YEAH.

I NEED R TWO STUDIOS HAVE MM-HMM.

.

UM, THERE WE GO TO FIVE, WHICH IS CLOSER.

DECISION ONLY.

GO.

OKAY.

WE ARE BACK ON THE RECORD WITH THE RESULTS OF OUR DELIBERATIONS FOR THIS EVENING.

AND AS INDICATED PREVIOUSLY, CASE 24 0 7 HAS BEEN ADJOURNED ALREADY TO THE MEETING OF AUGUST 15TH.

THE NEXT CASE WE HAVE IS CASE 20 WE REOPENED.

DID I MOVE ON? I'M SORRY.

YOU'RE RIGHT.

, IT'S LATE WE'RE REOPENING 'CAUSE IT HAD BEEN, UH, MARKED FOR DECISION ONLY.

SO IT HAS BEEN, IT HAD, IT HAD BEEN, HAS BEEN REOPENED AND PUT ON THE CALENDAR FOR THE 15TH OF NEXT MONTH.

UH, THE NEXT CASE WE HAVE ON IS CASE 24 0 9 200

[02:55:02]

SOUTH CENTRAL AVENUE SCARSDALE PATIO.COM.

AND WHEREAS THE GREENBERG CBA HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO SECRET CONSIDERATIONS AND NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET CONSIDERATION.

SECOND, DO I HAVE A YES? YOU CAN'T SHOW IT UNTIL WE WHAT? NO, HE'S GOOD.

WE CAN'T SECOND SOMETHING UNTIL WE YEAH.

YEAH.

YOU MOTIONED WITH SEE YEAH.

MOTION ON THE YOU'RE SECONDING THE SEEKER.

YEAH.

FINDING, OKAY, GO AHEAD.

AYE.

CAUGHT ME GUARD.

DEAR.

I SEEK A MOTION.

OH, TO MOTION.

AYE.

AYE.

AYE.

AYE.

CHAIR VOTES.

AYE.

AYE.

AND DO WE HAVE A MOTION? UH, YES, MADAM CHAIR.

UM, I MOVE THAT THE REQUEST TO REDUCE THE MINIMUM NUMBER OF PARKING SPACES FROM 25 REQUIRED TO NINE PROPOSED BE GRANTED FOR APPLICATION NUMBER 24 0 9 PROVIDED THAT THE APPLICANT OBTAIN ALL NECESSARY APPROVALS AND FILE.

SAME WITH THE BUILDING DEPARTMENT.

CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLANS DATED FEBRUARY 7TH, 2024 AND STAMP RECEIVED APRIL 15TH, 2024.

SUBMITTED IN SUPPORT OF THIS APPLICATION OR SUCH PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN.

PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN, THE VARIANCE, UH, IS BEING GRANTED FOR THE IMPROVEMENTS SHOWN ON THE PLAN SUBMITTED IN SUPPORT OF THIS APPLICATION.

ONLY ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES.

EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES, WE APPROVE HEREIN.

UM, NOT GONNA READ THE FINDINGS THIS EVENING, BUT THEY WILL BE ENTERED INTO THE RECORD, UM, AT A LATER TIME DATE.

UM, WOULD I SECOND THE MOTION? OH, I'M SORRY, , GO AHEAD.

ALL IN FAVOR? AYE.

AYE.

SORRY.

WHAT I SAID ABOUT THE FINDINGS, UM, FURTHER FOR CASE NUMBER 24 0 9, I MOVE THAT THE REQUEST TO USE THE EXTERIOR OF THE PROPERTY TO DISPLAY ITEMS FOR SALE WERE ONLY FULLY ENCLOSED RETAIL SALES ARE PERMITTED.

BE DENIED.

THANK YOU.

SECOND.

SECOND.

IT A MOTION ON THAT? YES.

OH, YOU CAN'T SECOND.

WELL NOT ME BECAUSE YOU'RE OKAY.

I'M SORRY.

I SECOND IT.

OKAY.

ALL IN FAVOR? ALL IN FAVOR? AYE.

AYE.

CHAIR VOTES.

AYE.

AND TO ABSTAIN YOU HAVE JUST GIVE YOUR I ABSTAINED.

YOU ABSTAIN.

I ABSTAIN.

SORRY.

NO, I SECOND THAT.

OH, YOU DID? THAT'S MY FIRST ABSTINENCE.

IS IT? I CAN'T AIR CONDITIONING.

NO, YOU DID THE PARKING.

I DID BOTH WE'RE GOOD.

I'M GONNA READ THE FINDINGS AT A LATER DATE FOR THE DENIAL AS WELL.

I, GRANTED THE PARKING DENIED THE, BUT THE BOAT IS DIFFERENT.

THAT'S WHY DID WE CAPTURE THAT THE GRANTING FOR THE PARKING WAS SIX? NO, FIVE AND TWO.

FIVE AND TWO.

YEAH, WE HAD THE TWO PEOPLE WERE STAYING, RIGHT? NO, I SAID NO, THAT WAS FOR THE DISPLAY.

THE THE PARKING IS SIX.

OH, THE PARKING, SORRY.

RIGHT.

PARKING.

PROFESSOR MOSLEY SAID NO, NO, NO.

THE PARKING.

RIGHT.

SO SIX ONE ON PARKING AND THEN FIVE TWO.

FIVE TWO.

ON DISPLAY.

ON DISPLAY.

.

OKAY.

AND YOU KNOW WHO THE FIVE TWO ARE? YES.

OKAY.

THANK YOU.

THANK YOU.

WE'RE GETTING GOOGLE AT THIS POINT.

ALL RIGHT.

UM, THE NEXT CASE CASE 20 24 11 ALBERT PERRY, UH, 1 54 NORTH ROAD WHITE PLAINS.

UM, THIS ONE HAS TO BE RE NOTED BECAUSE NEW MATERIAL CAME IN.

SO, UM, WE HAVE TO REOPEN THIS MATTER.

NO, NO, I'M SORRY.

I'M LOOKING AT THE WRONG ONE.

NOW.

TURN TO AUGUST 15TH.

YEAH, TO AUGUST 15TH.

OKAY.

THE, THE, IT DOES SAY FOR NOTICING, SO WE HAVE TO VOTE ON THAT.

24 11 HAS BEEN ADJOURNED.

[03:00:01]

IT IS 24 12, RIGHT? THAT YES WE NEED TO OPEN THAT.

WE NEED TO REOPEN.

CORRECT.

SO 24 12 IS 5 55 29 CENTRAL PARK AVENUE.

AND THAT HAS TO BE REOPENED BECAUSE WE HAVE TO RE-NOTICE IT.

NO, WE DON'T HAVE TO RE-NOTICE IT.

YES.

YES.

YOU ARE REOPENING IT TO RECEIVE NEW INFORMATION GENERATED MATERIAL.

OKAY.

BEING OPEN TO RECEIVE NEW GENERATED MATERIALS AND IT'S BEING ADJOURNED AND ADJOURNED TO AUGUST 15TH.

YOU NEED A MOTION? YES, I DO NEED A MOTION.

I MOVE THAT WE REOPENED THE HEARING TO RECEIVE NEWLY GENERATED MATERIAL, UH, TO THE MEETING OF AUGUST 15TH.

ALL IN FAVOR? SECOND.

AYE.

AYE.

CHAIR OF ALL.

AYE IT'LL BE CALENDAR FOR AUGUST 15TH.

OKAY, THAT WILL BE ON FOR EIGHT 15.

THE NEXT CASE IS CASE 24 13.

AND THAT IS CLOSED FOR DECISION ONLY TO AUGUST 15TH AND THE NEXT CASE IS CASE 24 14.

AND WHEREAS THE GREENBERG ZBA HAS REVIEWED THE ABOVE REFERENCE APPLICATION WITH REGARD TO SECRET COMPLIANCE AND WHEREAS IT IS THEREFORE RESOLVED THAT THE SUBJECT ACTION IS A TYPE TWO ACTION REQUIRED.

NO FURTHER SEEKING CONSIDERATION.

UH, SECOND.

ALL IN FAVOR A AYE CHAIR VOTES.

AYE.

I MOVE THAT IN THE CASE NUMBER 24 14 BE GRANTED PROVIDED THAT THE APPLICANT OBTAINED ALL NECESSARY APPROVALS AND FILE SAME WITH THE BUILDING DEPARTMENT.

CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLANS STATED MARCH 17TH, 2021 AND LAST REVISED OCTOBER 24, 2 0 2 2 SUBMITTED IN SUPPORT OF THIS APPLICATION OR SUCH PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN.

PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN.

THREE.

THE VARIANCE IS BEING GRANTED FOR THE WHAT? CAN YOU GET ALL THIS? OKAY FOR THE IMPROVEMENTS SHOWN ON THE PLAN SUBMITTED IN SUPPORT OF THIS APPLICATION? ONLY ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHTS AS WE HAVE PROVIDED HEREIN.

SECOND.

SECOND, YES.

ALL IN FAVOR A AYE.

AND CHAIR VOTES AYE.

AND WE HAVE 24 15 24 15 GAME ON WHICH IS THE GOLF 3 6 365 LAND.

I'LL JUST SAY THE FINDINGS FOR 24 14 WILL BE ENTERED INTO THE RECORD AT A LATER DATE.

I WAS GONNA SAY THAT ALL OF THE FINDINGS WILL BE ENTERED INTO THE RECORD BECAUSE OF THE LATENESS OF THE HOUR.

SO, BUT GETTING BACK TO 24 15 GAME ON WHEREAS THE GREENBERG ZBA HAS REVIEWED THE ABOVE REFERENCED APPLICATION REGARD TO CICA AND TO CA AND THEREFORE BE A RESOLVED, THAT IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET CONSIDERATION.

DO I HAVE SECOND? THANK YOU.

ALL IN FAVOR? AYE.

AYE.

THE CHAIR VOTES.

AYE.

AND DO WE HAVE A MOTION? YES.

MADAM CHAIR.

I HAVE A MOTION.

I MOVE THAT THE APPLICATION IN CASE NUMBER 24 15 BE GRANTED PROVIDED THAT THE APPLICANT OBTAIN ALL NECESSARY APPROVALS AND FILE SAME WITH THE BUILDING DEPARTMENT.

CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLANS STAMPED RECEIVED JUNE 12TH, 2024 SUBMITTED IN SUPPORT OF THIS APPLICATION OR AS SUCH, PLANS MAY BE HERE AFTER MODIFIED BY ANOTHER APPROVING BOARD, AGENCY, OR OFFICER OF THE TOWN.

PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN.

THE VARIANCES BEING GRANTED ARE FOR THE IMPROVEMENT SHOWN ON THE PLANS SUBMITTED IN SUPPORT OF THIS APPLICATION.

ONLY.

[03:05:01]

ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES WE HAVE APPROVED HEREIN.

AND SECOND.

ALL IN FAVOR? AYE.

AYE.

AYE.

CHAIR VOTE.

AYE.

AYE.

AND LASTLY, WE HAVE 24 16 BRAD HARRIS 19 TOMAHAWK DRIVE AND WHEREAS THE GREENBURG ZBA HAS REVIEWED THE ABOVE REFERENC APPLICATION WITH REGARD TO SECRET COMPLIANCE AND NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET CONSIDERATION.

SECOND.

ALL IN FAVOR? AYE.

AYE.

AYE.

CHAIR VOTES.

AYE.

AND DO WE HAVE MADAM CHAIR A MOTION? I'D LIKE TO MAKE A MOTION AND I MOVE THAT THE APPLICATION AND CASE NUMBER 24 DASH 16 BE GRANTED PROVIDED THAT ONE, THE APPLICANT OBTAIN ALL NECESSARY APPROVALS AND FILE THE SAME WITH THE BUILDING DEPARTMENT.

TWO CONSTRUCTION SHALL BEGAN NO LATER THEN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLANS DATED OCTOBER 8TH, 2023 AND AMP RECEIVED JUNE 17TH, 2024 SUBMITTED IN SUPPORT OF THIS APPLICATION.

OR AS SUCH, PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER PROVING BOARD OR AGENCY OR OFFICER OF THE TOWN PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN.

THREE.

THE VARIANCES BEING GRANTED ARE FOR THE IMPROVEMENTS SHOWN ON THE PLAN.

SUBMIT IN SUPPORT OF THIS APPLICATION ONLY ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE, THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES WE HAVE APPROVED HEREIN.

AND THE FINDINGS WILL BE ENCLOSED AFTER.

AND I SECOND YOUR MOTION .

ALL IN FAVOR? AYE.

AYE.

AYE.

THE CHAIR OF VOTES A THANK YOU SO MUCH.

AND THE NEXT DATE FOR OUR MEETING IS AUGUST 15TH, SEVEN O'CLOCK.

AND WITH THAT I APPRECIATE EVERYONE'S APPEARANCE, WORK TONIGHT AND ACCOMPLISHMENT.

THANK YOU SO MUCH.