* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:01] EVENING, THE [ TOWN OF GREENBURGH ZONING BOARD OF APPEALS AGENDA THURSDAY, August 15, 2024 – 7:00 P.M. ] MEETING OF THE ZONING BOARD OF APPEALS FOR THE TOWN OF GREENBURG WILL COME TO ORDER. WE HAVE SEVEN CASES SCHEDULED FOR TONIGHT'S MEETING. WE WILL NOT HEAR ANY TESTIMONY ON CASE NUMBER 24 19 BECAUSE THEY HAVE WITHDRAWN THEIR APPLICATION. LOOKING FORWARD, THE ZONING BOARD WILL HAVE OUR NEXT MEETING ON THURSDAY, SEPTEMBER 19TH. PLEASE MARK YOUR CALENDARS ACCORDINGLY. BECAUSE OF THE NUMBER OF CASES WE NEED TO HEAR TONIGHT, WE WILL LIMIT EACH CASE TO, UM, 20 MINUTES. IF WE CANNOT FINISH HEARING A CASE, IT WILL BE ADJOURNED TO ANOTHER MEETING TO BE COMPLETED AT THAT TIME, AS IN THE PAST. IN ORDER TO SAVE TIME, WE WILL WAIVE THE READING OF THE PROPERTY LOCATION AND THE RELIEF SOUGHT FOR EACH CASE. HOWEVER, THE REPORTER WILL INSERT THE 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 TO DISCUSS EACH CASE. EVERYONE IS WELCOME TO LISTEN TO OUR DELIBERATIONS, BUT THE PUBLIC WILL NOT BE PERMITTED TO SPEAK OR PARTICIPATE. AFTER OUR DELIBERATIONS ON ALL THE CASES, WE WILL COME BACK TO ANNOUNCE THE BOARD'S DECISION FOR THE FORMAL RECORD AND TO BE BROADCAST TO THE COMMUNITY. IF YOU'RE GOING TO SPEAK TO NA MUST COME UP TO THE MICROPHONE AND STATE YOUR NAME AND ADDRESS OR YOUR PERSONAL AFFILIATION. UM, WE HAVE HEARD THE TESTIMONY ON SOME OF THE CASES AT PRIOR MEETINGS. ALL TESTIMONY IS ALREADY IN THE RECORD AND SHOULD NOT BE REPEATED. UH, THE FIRST CASE WE'RE GONNA HEAR TONIGHT IS CASE 24 0 7 CHICK-FIL-A UM, I JUST MIGHT ADD ABOUT CHICK-FIL-A IS THAT WE'RE NOT LIKELY NOT CLOSING THE HEARING THIS EVENING, SO YOU WILL HAVE CHANCE TO SPEAK NEXT MONTH AS WELL. OH, I'M SORRY. PHONE CALL. SORRY. OKAY. E BUMPING SMITH IS ABSENT. CHRISTIE NECK PRESENT. MS. CRITCHLOW PRESENT. DIANE BERLEY. PRESENT. WILLIAM BLAND, ABSENT SHAUNA JENKINSON. HERE. PAULINE MOSLEY. PRESENT. THAT CONCLUDES OUR ROLL CALL. OKAY. CHICK-FIL-A PLEASE . GOOD EVENING. MEMBERS OF THE BOARD, CHARLIE GOTTLIEB FROM WHITEMAN OSTERMAN AND HANNAH LAND USE COUNCIL FOR CHICK-FIL-A I'M HERE THIS EVENING WITH PHIL GREELEY FROM COLLIERS ENGINEERING AND DESIGN, WHO'S OUR TRAFFIC ENGINEER. UM, JOHN MARTINEZ FROM CHICK-FIL-A HAD SOME FLIGHT ISSUES THIS EVENING, SO HE WON'T BE ABLE TO JOIN US. UH, THANK YOU FOR HEARING US THIS EVENING. UH, WE HAVE A REOPENED PUBLIC HEARING. THE REASON FOR REOPENING THAT PUBLIC HEARING WAS THAT THE ZBA RECEIVED CORRESPONDENCE FROM THE CITY OF WHITE PLAINS DATED JULY 18TH. WE HAVE RECENTLY MADE A SUBMISSION YESTERDAY, UM, RESPONDING TO ALL COMMENTS FROM THE CITY OF WHITE PLAINS. WE ALSO HAD A MEETING WITH THE CITY OF WHITE PLAINS, UH, COMMISSIONER OF BUILDINGS, COMMISSIONER OF TRANSPORTATION, AND ONE OF THEIR SENIOR PLANNERS TO DISCUSS THEIR LETTER. SO WE DO HAVE SOME UPDATES. UH, ONE OF THE MAIN TOPICS OF THAT CITY OF WHITE PLAINS LETTER WAS WE NEED TO MAKE SURE, BECAUSE WE'RE SEEKING APPROVALS IN TWO DIFFERENT MUNICIPALITIES, THAT ALL THE RESOLUTIONS LINE UP AND HAVE THE SAME INTENT AND HAVE THE SAME CONDITIONS. SO WE HAVE, UH, MADE SURE NOW THAT THE SECRET NEGATIVE DECLARATION THAT THE PLANNING BOARD ADOPTED, UM, MARY'S WITH, WITH THE CONDITIONS OF RESOLUTION AND THE USES OF THE PROPERTY. SO WE'VE PROPOSED LANGUAGE, CONDITIONAL LANGUAGE FOR THE TOWN PLANNING BOARD, THE ZBA AND THE CITY OF WHITE PLAINS, UM, TO INCLUDE IF THEY SEE FIT INTO ANY RESOLUTION OF APPROVAL, MAKING SURE THAT ALL TRAFFIC MITIGATION IS CONSISTENT WITH THE NEGATIVE DECLARATION. UM, I PROVIDED THAT LANGUAGE IN OUR SUBMISSION. I CAN READ IT HERE THIS EVENING. I ALSO PROVIDED IT TO TOWN STAFF AND ESSENTIALLY WHAT IT BOILS DOWN TO IS THAT COMMERCIAL PARKING LOT IN THE CITY OF WHITE PLAINS THAT WILL BE APPROVED HOPEFULLY BY THE CITY OF WHITE PLAINS AS A COMMERCIAL PARKING LOT USE, MEANING PASSENGER MOTOR VEHICLES CAN PARK THERE SO LONG AS THEY'RE NOT BEING SOLD RIGHT, LIKE AN AUTO DEALERSHIP OF SOME SORT. THAT IS THE USE IN THE CITY OF WHITE PLAINS. UH, WE'VE ALSO PROVIDED THE TOWN WITH THE RECORDED LEASE AGREEMENT BETWEEN THE PROPERTY OWNER, WHICH IS 20 TT ROAD REALTY AND CHICK-FIL-A DEMONSTRATING THAT CHICK-FIL-A HAS EXCLUSIVE RIGHTS OF USE OVER THE COMMERCIAL PARKING LOT AND OVER THE TOWN OF GREENBURG SITE WHERE THE OPERATIONS WILL BE. SO THE IDEA BEHIND THAT CONDITIONAL LANGUAGE IS THAT EMPLOYEES AND EMPLOYEES ONLY CAN PARK IN THAT COMMERCIAL PARKING LOT. THAT'S ALWAYS BEEN OUR INTENT. [00:05:01] IN FACT, YOUR PLANNING BOARD MADE US PUT UP A SIGN THAT SAYS, FOR CHICK-FIL-A PARKING ONLY. HOWEVER, IN THE NEGATIVE DECLARATION, THERE IS A STATEMENT THERE THAT IN A ABNORMALLY PEAK PERIOD OF TRAFFIC, WHETHER IT BE FROM CHICK-FIL-A OPERATIONS OR A COUNTY CENTER EVENT, IF THERE'S A BLOCKAGE ON ANY ROAD CHICK-FIL-A TEAM MEMBERS OR UH, OFF-DUTY TRAFFIC CONTROL OFFICERS HIRED BY CHICK-FIL-A ARE TO GUIDE PEOPLE OFF OF THE ROADWAY INTO THAT COMMERCIAL PARKING LOT FOR EXTRA QUEUING SPACE. THE CONDITION THAT WE'VE PROPOSED ALLOWS FOR THAT TO HAPPEN. THE NEGATIVE DECLARATION REQUIRES FOR THAT TO HAPPEN. NOW, WHEN THEY ARE UTILIZING, IN THAT INSTANCE THE COMMERCIAL PARKING LOT, THOSE FOLKS HAVE TO STAY IN THEIR CAR UNTIL THEY'RE PERMITTED TO LEAVE BY THE TRAFFIC CONTROL OFFICER, AND THEY CANNOT GO TO THE RESTAURANT. THEY CANNOT LEAVE THEIR CARS THERE. THEY CAN'T GO IN AND SIT DOWN IN THE RESTAURANT. IT REALLY IS JUST FOR A SOLUTION TO A VERY EXTREME PROBLEM THAT IS PROBABLY NOT GOING TO OCCUR. UM, SO THERE IS A, AND MY LETTER IS INCORRECT. I MADE A MISTAKE. UH, THERE'S A CITY PLANNING BOARD MEETING ON AUGUST 27TH. UH, AND WE'RE ADVISED BY CITY STAFF THAT AT THAT MEETING, UH, THE PLANNING BOARD WILL COME TO A RESOLUTION THAT EVENING. AND SO WE HAVE PUT FORWARD THAT CONDITIONAL RES, UH, LANGUAGE. WE HOPE THAT THEY ADOPT IT, UH, IN THEIR, IN THEIR RESOLUTION. UM, IT HAS BEEN REVIEWED BY CITY STAFF, BUT WE JUST HAVEN'T YET HEARD FROM THEIR PLANNING BOARD. NOW, THERE WAS ALSO, UM, LET'S SEE, SOME CONFUSION RELATED TO, UM, THE USE OF THE COMMERCIAL PARKING LOT FOR PURPOSES OF ZONING COMPLIANCE IN THE TOWN OF GREENBURG. CAN WE USE THAT COMMERCIAL PARKING LOT TO ACCOUNT FOR AREA AND BULK REGULATIONS IN THE TOWN OF GREENBURG? WHAT THE WHITE PLAINS LETTER SUGGESTS ARE THEY REQUESTED THAT THE TOWN NOT COUNT THOSE PARKING SPACES TOWARDS THE OVERALL PARKING COUNT FOR ZONING COMPLIANCE, WHICH MAY OR MAY NOT HAVE CHANGED OUR AREA VARIANCE. WE SEEK FOR OFF STREET PARKING. UM, BUT WHAT THE CITY DIDN'T REALIZE THAT WE DISCUSSED WITH THEM IS THAT THAT COMMERCIAL PARKING LOT IS EXCLUSIVELY FOR CHICK-FIL-A PEOPLE GOING INTO THE COUNTY CENTER, UM, FOR AN EVENT CANNOT PARK THERE. PEOPLE SHOPPING ELSEWHERE CANNOT PARK WHERE WHAT THE CITY WAS WORRIED ABOUT WAS IT'LL BE FOR CHICK-FIL-A TEAM MEMBERS, BUT THEN ALSO MEMBERS OF THE PUBLIC COULD PARK THERE AS WELL. AND THEREFORE, THEY'RE NOT TOTALLY DEDICATED TO THE CHICK-FIL-A USE. AND SO THAT'S WHY WE PUT IN THE CONDITIONAL LANGUAGE. THIS IS A PRIVATE COMMERCIAL PARKING LOT, AND THE LEASE AGREEMENT, UH, NOTES THAT WE HAVE EXCLUSIVE RIGHTS OVER THAT PARKING LOT. UM, I'LL ALSO ADD THAT THIS TOWN, THE BUILDING DEPARTMENT, HAS NOW ISSUED TWO DETERMINATIONS RELATED TO THE USE OF THAT COMMERCIAL PARKING LOT. THE FIRST WAS WE CAN USE THAT AREA FOR COMPLIANCE WITH THE LOT AREA REQUIREMENTS. AND THEN SECONDLY, WE CAN USE THAT AREA FOR PURPOSES OF SETBACKS FOR OUR SPECIFICALLY OUR REAR YARD SETBACK. SO THE TOWN HAS DEMONSTRATED THROUGHOUT THIS PROCESS THAT IT DOES INCLUDE THAT PROPERTY AS, UH, TOWARDS ZONING COMPLIANCE IN THE TOWN OF GREENBURG. SOME OTHER PUBLIC COMMENTS THAT WE DID RECEIVE, YOU KNOW, I I WANT TO KIND OF BOIL THEM DOWN TO SOME CONFUSION OVER THIS SPLIT MUNICIPAL PROCESS. AND I GET IT, IT WAS CONFUSING WHEN I FIRST TOOK THIS CASE ON, AND IT IS STILL, YOU KNOW, A LITTLE CONFUSING. UH, SO TO SUM IT UP, THERE ARE FOUR TAX PARCELS. TWO IN THE TOWN OF GREENBURG, TWO IN THE CITY OF WHITE PLAINS, THE TOWN OF GREENBURG ADDRESS, 20 TERRYTOWN ROAD, THE CITY OF WHITE PLAINS ADDRESS, TWO DASH 18 TERRYTOWN ROAD. WHY THE COUNTY DOES THAT OR THE ASSESSOR'S OFFICE DOES THAT? I DON'T KNOW, BUT THAT'S HOW THE PROPERTIES ARE LISTED. ALL FOUR TAX PARCELS ARE OWNED BY 20 TT TERRY, OR ROAD REALTY, LLC, WHO NOW HOLDS THE LEASE AGREEMENT WITH CHICK-FIL-A. SO THE ENTIRE PROJECT SITE IN BOTH MUNICIPALITIES IS OWNED BY ONE LAND, ONE LANDOWNER, AND IS EXCLUSIVELY LEASED TO CHICK-FIL-A, WHICH IS A RECORDED DOCUMENT IN THE WESTCHESTER COUNTY CLERK'S OFFICE. THE APPLICANT IN GREENBURG IS CHICK-FIL-A BECAUSE MOST OF THE OPERATIONS, IN FACT, ALL OF THE OPERATIONS ARE IN THE TOWN OF GREENBURG, THE BUILDING, THE DRIVE THROUGH THE DUMPSTERS, ENCLOSURES, AND SO FORTH. WHITE PLAINS PRIOR TO US APPLYING, UH, NOTED THAT WE SHOULD APPLY UNDER THE PROPERTY OWNER'S NAME. THAT'S 20 TT ROAD REALTY. MY OFFICE ALSO REPRESENTS THE PROPERTY OWNER IN THAT APPLICATION. THERE'S BEEN NO HIDING OF [00:10:01] THE FACT. UH, IN THE CITY OF WHITE PLAINS, THAT CHICK-FIL-A IS GOING NEXT DOOR, AND WE'RE USING THIS PARKING FOR CHICK-FIL-A EMPLOYEES. IN FACT, ON THE CITY OF WHITE PLAINS AGENDA, IT'S LISTED AS CHICK-FIL-A UH, AND THEN THE LAST THING IS THAT THE CITY OF WHITE PLAINS REQUESTED DETAILS ON THE FENCE THAT WILL GO AROUND THE DRIVE-THROUGH. REALLY IT'S THE DIVIDING LINE BETWEEN THE TWO MUNICIPALITIES. WE PROVIDED THAT FENCE DETAIL IN THIS SUBMISSION AS WELL AS TO THE CITY. THE INTENT OF THAT FENCE AND KIND OF THE DEVELOPMENT BREAK THAT IS THERE IS TO FURTHER DISCOURAGE PEOPLE, GUESTS FROM PARKING IN THE COMMERCIAL PARKING LOT, WALKING OVER TO THE CHICK-FIL-A ONCE THEY REALIZE THERE'S NO CONNECTION OR THERE'S NO PATHWAY, UM, AND THAT IT'S FOR TEAM MEMBERS ONLY. AND ALSO IT'S FOR SAFETY, BECAUSE WE DON'T WANT PEOPLE FROM THAT COMMERCIAL PARKING LOT TRYING TO SKIRT THROUGH THE DRIVE THROUGH TO EASILY ACCESS THE BUILDING. SO THAT FENCE, UH, WILL BE IN PLACE. SO TO THE EXTENT THIS BOARD HAS ANY QUESTIONS, UM, YOU KNOW, I UNDERSTAND THIS BOARD WON'T RENDER, UH, A DECISION UNTIL WHITE PLAINS RENDERS A DECISION ON THE, UH, CONDITIONAL LANGUAGE AND THEIR APPROVAL. SO YOU CAN SEE WHAT THAT LOOKS LIKE. WE HAVE MR. GREELEY HERE, UH, TO ANSWER ANY ADDITIONAL TRAFFIC CONCERNS, WHICH I THINK WE'VE PRETTY MUCH WRAPPED UP. UM, AND I JUST WANTED TO TAKE A MOMENT THIS EVENING TO ADDRESS THESE DUAL MUNICIPALITY CONCERNS. GO AHEAD. SO, UM, AND IT HAS ALL BECOME PRETTY CLEAR WITH THE OPENING OF THE CHICK-FIL-A ON CENTRAL PARK AVENUE, THAT WHEN THEY SAY WHEN THEY OPEN, THERE'S GOING TO BE A CRUSH OF, UH, CUSTOMERS, THEY WEREN'T JOKING. UM, IT NOW MAKES IT VERY CLEAR TO US WHAT THAT REALLY MEANS. UM, YOU WERE SAYING THAT WHITE PLAINS COMMERCIAL PARKING LOT, UH, CAN BE USED FOR TEMPORARY QUEUING. MM-HMM. , THAT'S WHAT THEY WANT TO CONFIRM, THAT WE CAN, YOU, YOU CAN BE ALLOWED TO DO THAT. AND YOU SAID HARDLY EVER USED. UM, I BELIEVE THAT IT MOST LIKELY WILL BE USED THAT, ESPECIALLY THE FIRST MONTH OF OPERATION IF IN FACT WE ALLOW, UM, THE APPLICATION TO BE APPROVED. SO, UM, I WANNA MAKE SURE THAT WHEN THE TRAFFIC CONSULTANT IS SAYING THAT CHICK-FIL-A WILL HAVE THIS UNDER CONTROL, THAT THEY TRULY MEAN UNDER CONTROL. MM-HMM. , UM, WE SAW, I SAY WE MEANING ME AND MY WIFE AND MY DAUGHTER, WHEN WE WENT DOWN THERE, SAW A POLICE OFFICER PARKED ON THE STREET WITH THE LIGHTS TURNING, UM, AND STILL THE TRAFFIC WAS BACKING UP CENTRAL PARK AVENUE NORTHBOUND FOR ABOUT A BLOCK OR TWO, UM, MAKING IT DIFFICULT TO GET INTO THAT SMALL MINI, UM, MALL THERE THAT HAS THE, UH, SUSHI PALACE ITALIAN RESTAURANT, SO ON AND SO FORTH. SO, UM, YOU'RE REALLY NOT KIDDING WHEN YOU SAY THAT THE BE THE OPENING OF THE CHICK-FIL-A IS GOING TO BE A MONUMENTAL, UM, ACHIEVEMENT. SO WE WANT TO MAKE SURE THAT THE TRAFFIC CONTROL IS REALLY GOING TO BE CONTROLLED. MM-HMM. AND A, A FEW THINGS BEFORE, AND I ASSUME WE'RE TALKING ABOUT THE YONKERS FACILITY, UM, BECAUSE THERE ACTUALLY WAS ANOTHER OPENING RECENTLY. CHICK-FIL-A CALLS IT THEIR SCARSDALE FACILITY. AND THAT'S ACTUALLY IN THE TOWN OF GREENBURG. SO IF YOU THINK, COULD I JUST ADD ONTO IT SO YOU CAN AN ANSWER IT ALL AT ONCE, IF I CAN REMEMBER IT ALL? YES. . OKAY. NO, IT'S ABOUT THE SAME FACILITY. OKAY. UM, IT IS 50% HAS 50% MORE STAGING AREA. IT HAS THREE BA THREE LANES INSTEAD OF TWO THAT YOU'RE PROPOSING FOR. THE, THE, THE ONE ON Y ON CENTRAL PARK AVENUE HAS THREE LANES. UM, THE ONE YOU'RE PROPOSING HERE HAS TWO. UM, WE WERE TOLD THIS GRAND OPENING WEEK, WE DO EVERYTHING TO MAKE SURE THAT IT ISN'T A PROBLEM. UM, THE WORDS THAT CAME TO MY MIND AND MY HUSBAND'S MIND AS WE DROVE PAST IT DURING NON-PEAK HOURS, WE WENT AT NIGHT LIKE 8 30, 9 O'CLOCK AT NIGHT, AND IT WAS, IT CERTAINLY FAILED TO MEET THE TEST OF UNDER CONTROL. [00:15:01] SURE. SO MASSIVELY FAILED IT. SURE. SO ONE THING, RIGHT? EVERY CHICK-FIL-A AND THIS IS BECAUSE IT IS AN INCREDIBLY DESIRED CONSUMER PRODUCT, UM, HAS TO GO THROUGH THIS GRAND OPENING PERIOD, RIGHT? AND SO GRAND OPENING PERIOD, IT USUALLY LASTS ABOUT THREE WEEKS, AND THAT'S REALLY WHERE EVERYTHING IS PEAK TIME. SO A FEW DIFFERENT THINGS ABOUT THE FACILITIES, AND THEN I'LL HAND IT OVER TO PHIL. YONKERS IS DESIGNED AS A DRIVE THROUGH ONLY YOU CAN GO IN AND ORDER TO COUNTER. THERE ARE ARE NO INDOOR SEATS. THE LOT SIZE IN YONKERS IS 1.1 ACRES. OUR LOT SIZE HERE IS 1.72. SO THERE IS MORE ROOM FOR CAPACITY. UM, ANOTHER THING IS SCARS THE SCARSDALE LOCATION IN THE TOWN OF GREENBURG, BUT THAT'S WHAT WE CALL IT, UM, THAT WAS SUPPOSED TO OPEN FIRST, AND THAT IS NO DRIVE THROUGH. THERE WERE ISSUES WITH LANDLORD IMPROVEMENTS AND SO FORTH, AND THAT GOT DELAYED. SO THOSE TWO WERE SUPPOSED TO COME IN ONLINE AT THE SAME TIME TO DECREASE DEMAND. THOSE FACILITIES WILL BE OPEN FOR ROUGHLY A YEAR, LIKELY BEFORE THIS, THIS CURRENT PROJECT COMES ONLINE. SO THAT WILL DIE DOWN. AND IN FACT, THOSE LOCATIONS ARE GONNA TAKE SOME OF THE PRESSURE OFF OF THIS LOCATION. IF THIS LOCATION WAS THE FIRST LOCATION, YOU WOULD LIKELY SEE THAT FIRST TO MARKET TYPE OF TRAFFIC THAT YONKERS SAW. IT IS THE FIRST CHICK-FIL-A THAT'S NOT AT A REST STOP ON THE THROUGHWAY IN WESTCHESTER COUNTY. AND SO THAT'S WHY THAT DEMAND WAS INCREDIBLY HIGH. ANOTHER THING TO POINT OUT IS, UH, THAT THERE'S A DEMONSTRATION OF THE FLEXIBILITY OF HOW CHICK-FIL-A IS RESPONDING TO THE TRAFFIC. I I DON'T WANNA CALL IT A FAILURE HERE TONIGHT, BECAUSE YOU DON'T REALLY TRULY KNOW WHAT YOU'RE GONNA FACE UNTIL YOU GET OUT THERE IN OUR FACING IT. RIGHT? WE CAN TALK ABOUT THE MITIGATION MEASURES AND SO FORTH, BUT WHAT THE YONKERS FACILITY DID RECOGNIZE WAS THAT THE TRAFFIC CONTROL PLAN THAT WAS IN PLACE FOR ONE REASON OR ANOTHER, MIGHT NOT HAVE BEEN WORKING AS EFFICIENTLY AS POSSIBLE. I UNDERSTAND FROM MR. MARTINEZ, FROM CHICK-FIL-A I JUST GOT OFF THE PHONE WITH HIM, THAT CHICK-FIL-A'S HAD CONVERSATIONS WITH LOCAL TRAFFIC CONTROL OFFICERS. THE GRAND OPENING PLAN IS BEING REVISED AS WE SPEAK, AND TRAFFIC WILL HOPEFULLY RESPOND TO THAT. UM, THE PLANNING BOARD, YOUR PLANNING BOARD HERE, HAS DECIDED THAT THERE IS GOING TO BE, I THINK A THREE MONTH LOOK BACK PERIOD. SO NOT ONLY WILL, IN THIS INSTANCE OUR GRAND OPENING PLAN BE OPERATIONAL, IF IT NEEDS TO BE AMENDED, WE'LL AMEND IT WITH THE LOCAL POLICE OFFICERS AND TOWN CONSULTANTS. BUT THEN IN TWO TO THREE MONTHS, WE'RE BACK BEFORE THE PLANNING BOARD TO TALK TO THE PLANNING BOARD TO SEE WHAT'S WORKING, WHAT'S NOT WORKING, HOW DO WE FIX IT. UM, AND SO THERE'S A DEMONSTRATION THERE OF CHICK-FIL-A'S PROMISE OF FLEXIBILITY, RESPONDING TO A PROBLEM IF IT HAPPENS, AND ALSO THE SIGNIFICANT CONTRIBUTIONS TO HIRING AND LO AND, AND, AND WORKING WITH OFF-DUTY TRAFFIC CONTROL AND POLICE OFFICERS. JUST TO FOLLOW UP, WHEN YOU CAME AND SPOKE TO US, YOU GAVE THE IMPRESSION, YOU MEANING UNIVERSAL, THAT THE GRAND OPENING PLAN HAD BEEN IMPLEMENTED MANY, MANY, MANY, MANY TIMES. SO IT SHOULD NOT HAVE BEEN A SURPRISE. SO THE GRAND OPENING PLAN HAS BEEN OPENED THROUGHOUT THE COUNTRY, RIGHT? RIGHT. SO THIS ISN'T THE FIRST TIME, CORRECT. IT'S HAPPENED EACH, BUT EACH, I MEAN, EVERY JURISDICTION IS DIFFERENT. YONKERS TRAFFIC AND YONKERS ACCESS THAT PROJECT DESIGN THAT SITE, VERY DIFFERENT FROM WHAT WE'RE SEEING HERE AND ON OUR PROJECT. SO IT'S NOT, THERE'S NOT ONE MOLD TRAFFIC MANAGEMENT PLAN THAT FITS ALL. SO IN OTHER WORDS, THE TRAFFIC MANAGEMENT PLAN THAT YOU'RE DEVELOPING FOR YONKERS WILL NOT FIT THE SITE WE'RE TALKING ABOUT HERE? WELL, CORRECT, AND I THINK I'LL HEAD IT OVER TO FILM NOW, SINCE THE TRAFFIC MANAGEMENT PLAN AND THE GRAND OPENING PLAN FOR MINNESOTA DIDN'T WORK IN CENTRAL AVENUE, THE ONE ON CENTRAL AVENUE IS NOT GONNA WORK FOR THE ONE IN THAT WE'RE DISCUSSING HERE, RIGHT? THEY'RE ALL DESIGNED FOR SPECIFIC LOCATIONS, DIFFERENT ACCESS DRIVES, DIFFERENT QUEUING LINEUPS, AND, AND THE, AND THE STATEMENT THAT YOU, UM, ARE GONNA USE THE PARKING LOT FOR PROBLEMS AND OVERFILL CERTAINLY IN MY MIND, DEMONSTRATES THE FACT THAT YOU THINK IT WILL NOT WORK. SO THAT LANGUAGE IN THE NEGATIVE. SO I'LL TELL YOU HOW THAT LANGUAGE WAS BORN WITH THE PLANNING BOARD. UM, AND I'LL HAVE PHIL RUN THROUGH THE TRAFFIC MANAGEMENT PLAN AGAIN TO REFRESH EVERYONE'S RECOLLECTION. WHEN THE GREENBERG SITE GETS FILLED, WHEN IT'S AT CAPACITY, WHEN THE QUEUE LINES STACK UP PAST THE DRIVE THROUGH CHICK-FIL-A TEAM MEMBERS ARE AT THE ACCESS POINTS. THEY'RE DIRECTING PEOPLE TO EITHER GO INTO COUNTY CENTER [00:20:01] ROAD OR TO COME BACK ANOTHER TIME. THAT'S THE FIRST DEFENSE, NO LINING UP ON THE STREET. COME BACK ANOTHER TIME. ONE OF THE PLANNING BOARD MEMBERS SAID, WELL, WHAT IF THEY DON'T? RIGHT? WHAT IF THEY'RE NOT LISTENING? WHAT IF THEY'RE NOT HEEDING YOUR ADVICE? THEN THEY WILL BE DIRECTED INTO THE COMMERCIAL PARKING LOT AS A FOURTH MEASURE OF PROTECTION TO KEEP THE ROADWAYS CLEAR. BUT I'M STARTING TO GET OUT OF MY PROFESSIONAL COMFORT ZONE. SO GONNA HAND IT OVER TO THE TRAFFIC ENGINEER . UH, GOOD EVENING, PHILLIP GREELEY FROM COLLIERS. UM, UH, FIRST OF ALL, WE DID NOT DESIGN THE YONKERS PLAN, HOWEVER, THEY DID HAVE A GOOD PLAN. THERE WERE SOME CERTAIN INFIELD MODIFICATIONS THAT OCCURRED IN THAT GRAND OPENING WEEK. UH, SO THE POLICE DEPARTMENT, AND YOUR OBSERVATION IS EXACTLY CORRECT AS TO WHAT TRANSPIRED. UH, THE POLICE DEPARTMENT DECIDED THAT, UH, THEY WANTED TO CLOSE THE SIDE ROAD DRIVEWAY ALTOGETHER AND USED THE SHOULDER LANE ALONG CENTRAL AVENUE, UH, FOR STACKING THE VEHICLES ENTERING. UH, DURING PEAK TIMES, YOU HAD AS MANY AS 16 TO 18 VEHICLES ON THE SHOULDER LANE, NOT IN THE TRAVEL LANES, AND IT DID BLOCK THE ADJACENT SHOPPING CENTER DRIVEWAY. UM, BUT THAT WAS, THEY, THEY WERE ADJUSTING TO WHAT WAS HAPPENING THAT PARTICULAR TIME. SO THEY MADE THAT DECISION. INSTEAD OF STACKING ALL THE VEHICLES ON THE SITE BY CLOSING OFF THE DRIVEWAY ON ROXBURY DRIVE, THEY DECIDED TO HAVE A V ONE Q, YOU KNOW, AT THE Q LANES, BUT TO ENTER ONLY FROM CENTRAL AVENUE. SO IT, THE Q EXTENDED BACK PROBABLY MOST OF THE WAY TOWARDS CHRIS FIELD STREET, ACTUALLY. UM, SO YOUR OBSERVATION WAS EX IS EXACTLY CORRECT. THAT'S BEEN MODIFIED SLIGHTLY. AND THE, UM, OPERATOR HAS BEEN WORKING WITH THE POLICE DEPARTMENT TO FINE TUNE IT, AND WE'RE ABOUT ALMOST THREE WEEKS INTO IT, AND IT'S STARTING TO CALM DOWN A LITTLE BIT, MAYBE BECAUSE OF THE OTHER STORE OPENING. UH, AND ALSO TO SEE HOW THE PATTERNS DEVELOPED. UH, THERE ARE VERY SIGNIFICANT DIFFERENCES, AND I THINK YOUR OBSERVATION IS ONE I'LL GET TO, BUT THE STACKING ON THAT SITE WAS REALLY DESIGNED FOR HANDLING ABOUT 20 SOME ODD VEHICLES UNDER THE MANAGEMENT PLAN. THEY HAD UP TO 40 VEHICLES TO STACK, BUT BASICALLY THAT USED THE ENTIRE PARKING AREA. WHAT THE POLICE DEPARTMENT DID WAS THEY SAID, WE'RE GOING TO STILL HAVE THE PARKING AREA. WE WANT PEOPLE TO PARK THERE. AND THEY HAD THEM, UH, QUEUE ON CENTRAL AVENUE OUTBOUND. THE OTHER DIFFERENCE IS ON THAT, UH, SITE, THE START OF THE Q AREA WHERE THE TWO DRIVE UP LANES ARE, AND THE OTHER LANE THAT YOU OBSERVED, THAT'S ACTUALLY A BYPASS LANE, UH, THAT'S USED TO GET PEOPLE TO CIRCULATE AROUND THE BUILDING. THE REASON THEY DID THAT WAS BECAUSE THE DISTANCE FROM CENTRAL AVENUE TO WHERE THE START OF THE DUAL LANE IS, IS WITHIN 50 FEET OF THE HIGHWAY. SO IN THAT PARTICULAR CASE, THEY DESIGNED THE OUTSIDE LANE AS A BYPASS LANE. SO YOUR THIRD LANE IS REALLY NOT A STACKING LANE, IT'S A BYPASS LANE TO GET PEOPLE ONTO THE SITE BECAUSE OF THE PROXIMITY TO CENTRAL AVENUE. ABSOLUTELY. BECAUSE WHAT HAPPENED WAS THEY HAD CLOSED THE OTHER DRIVEWAY ON ROXBURY DRIVE. SO THEY WERE USING THAT AREA, AND THE REASON THEY WERE IN THAT Q LANE, UM, IN THE BYPASS LANE BACKING OUT ONTO CENTRAL AVENUE SOUTHBOUND. SO THAT'S WHAT THEY DECIDED TO DO IN ORDER TO MAKE SURE EVERYONE WAS ENTERING FROM ONE DIRECTION ONLY. UM, THAT HAS SINCE CALMED DOWN. UH, EVEN, UH, TODAY AT AT LUNCHTIME, YOU STILL HAVE HIGH VOLUME. PEOPLE WILL WAIT FOR A CHICKEN SANDWICH QUITE A PERIOD OF TIME, BUT NO BACKUPS ONTO THE HIGHWAY. THAT'S THE DIFFERENCE. SO THE GRAND OPENING PLAN THAT WE'VE DESIGNED, UH, AND WE'VE GONE THROUGH THIS BEFORE, OUR NORMAL STACKING IS 33 VEHICLES UNDER OUR MANAGEMENT PLAN. WE GET UP AS MANY AS 60 VEHICLES STACKED ON THIS SITE WITHOUT EVEN TAKING INTO ACCOUNT THE WHITE PLAINS LOT. THE REASON WHY THAT WAS BROUGHT INTO [00:25:01] DISCUSSION WAS IF THERE'S AN EVENT AT COUNTY CENTER, WHAT DO WE DO? IF YOU GET TO THE 60 CAR STACK? AND THE, UH, IDEA WAS THAT WE COULD USE THE WHITE PLAINS LOT BECAUSE IT HAS AN ENTRANCE AND AN EXIT TO ORDERLY, HAVE PEOPLE ENTER THERE AND QUEUE IN THAT AREA, AND THEY CAN'T BE, UH, GET OUT OF THEIR CAR TO COME TO THE RESTAURANT. AS MR. GOTTLIEB DESCRIBED, HOWEVER, QUEUING AREA TO GET THEM OFF OF THE ROAD NETWORK, THAT'S WHAT THE PLAN IS. AND AGAIN, EVEN IN YONKERS, UH, THE COORDINATION WITH THE POLICE DEPARTMENT, ET CETERA, UM, WAS IS STILL AN ONGOING THING IN TERMS OF FINE TUNING THAT PLAN. THAT SITE IS DIFFERENT. IT'S A DRIVE THROUGH. YOU CAN PARK AND GO IN AND PICK YOUR MEAL, BUT THERE'S NO SIT DOWN AREA OTHER THAN THE OUTDOOR, THERE'S SOME OUTDOOR, UM, TABLES, UH, WHERE PEOPLE CAN SIT. SO THERE ARE DIFFERENCES BETWEEN THE TWO. BUT I THINK THE POINT IS THAT EVERY SITE IS DIFFERENT. THE LAYOUT OF THE SITE IS DIFFERENT. UH, THE IDEA OF HOW IT'S MANAGED IS THE SAME CONCEPT THOUGH, IN TERMS OF CLOSING DOWN LANES, UH, DIRECTING PEOPLE. UM, AND, AND OVERALL, YOU KNOW, MAYBE NOT THE FIRST WEEK, BUT, UH, MY OBSERVATION IS THAT PEOPLE ACTUALLY ADJUST AND, AND REALLY, UH, THEY'LL, THEY'LL WAIT A WHILE FOR THEIR SANDWICHES. THAT'S FOR SURE. SO, IF I HEAR YOU CORRECTLY, YOU SAID WEEKS, JUST ABOUT THREE WEEKS, THEN I THINK IT OPENED THE 25TH OF THE 26TH OF JULY, AND THERE'S A SLIGHT DIMINUTION IN THE QUEUING, BUT THREE WEEKS THE CITY HAS DEDICATED POLICE RESOURCES. MM-HMM. TO THE SITE. YES. THERE, UH, THE, THE, THAT IS AN EXTRAORDINARY REQUEST TO MAKE, UH, JUST FOR THE RECORD, I BELIEVE THE, THE APPLICANT WILL, IN THAT INSTANCE, PAY FOR US. YES. HAVE, THEY WOULD BE EXPECTED TO, IT'S NOT MORE ABOUT TAXPAYERS. IS IT SOMEONE TO WORKING ON OVERTIME, OR ARE WE TAKE, ARE WE TAKING RESOURCES OF THIS REGULAR STAFF? JUST BE THERE. SORRY. DON'T WORRY ABOUT THAT. OKAY. I UNDERSTAND. NOW I UNDERSTAND THE EXPENSE. MM-HMM. . BUT IS IT AN EXTRA OFFICER HIRED FOR THIS SO THAT YOU HAVE THE NORMAL COMPLIMENT OF POLICE ON THE STREET AND THERE'S ONE EXTRA THAT HAS BEEN HIRED FOR THIS? OR IS THE NORMAL COMPLEMENT REDUCED BY ONE? WE CAN GET BACK TO YOU ON THE PROTOCOL, BUT I'M, I'M SURE THAT THE POLICE, SO THEY ARE, I CAN ANSWER THAT. MAINTAIN STAFFING. THEY ARE, UH, OFF-DUTY POLICE OFFICERS THAT ARE TYPICALLY HIRED AND PAID BY CHICK-FIL-A AT, YOU KNOW, THEIR, UM, THEIR RATE. SO THEY'RE FULLY COMPENSATED AS THEY WOULD BE AS IF THEY WERE ON DUTY. UM, AND THERE IS A SIGNIFICANT FINANCIAL CONTRIBUTION TO THESE, UH, OFF-DUTY LOCAL, LOCAL POLICE OFFICERS THAT ASSIST. AND THE, THE VEHICLE THEY ARE IN, IS THAT A CITY VEHICLE OR IS THAT A VEHICLE OWNED BY CHICK-FIL-A I BELIEVE TYPICALLY THEY'RE CITY VEHICLES. I THINK YOU SAW IT IF YOU DROVE BY YONKERS WHEN THERE WAS A POLICE OFFICER STATIONED THERE. YES, SIR. THEY ARE IN, UM, CITY, CITY, TOWN, UH, POLICE DEPARTMENT VEHICLES. SO THE BOTTOM LINE IS THE FIRST TWO TO THREE WEEKS OF ANY GRAND OPENING MM-HMM. OF A CHICK-FIL-A IS GOING TO BE BAD. IT'S GONNA BE, UH, WELL, IN THIS CASE IT WAS PROBABLY EXTRA BAD BECAUSE THE FIRST ONE REALLY IN THAT IMMEDIATE AREA, UH, WE NOW HAVE THE SCARSDALE OPEN. SO, UM, I KNOW PEOPLE THAT DROVE 45 MINUTES TO GO TO THE HUNKER STORE BECAUSE THERE WAS NONE IN WHITE PLAINS. THERE WAS NONE, UH, EVEN IN ROCKLAND COUNTY, UH, THAT WAS CONVENIENT, WHICH IS GONNA BE OPENING ALSO. SO ONCE YOU START SEEING THAT, THAT ALSO HELPS IN TERMS OF OTHER STORES BEING AVAILABLE. BUT YES, THE FIRST TWO TO THREE WEEKS, AS WE INDICATED BEFORE, IS WHEN THE CRITICAL TIME PERIOD IS IN TERMS OF GRAND OPENING OPERATIONS. AND IT, YOU KNOW, THE FINE TUNING OF THAT, AS I SAID, IS STILL GOING ONGOING. AND IT SEEMS TO BE, AT LEAST BASED ON MY EXPERIENCE IN THE LAST COUPLE OF DAYS, UH, UH, OPERATING MUCH BETTER THAN THE FIRST TWO OR THREE DAYS. I WILL ALSO SAY THAT IF YOU'RE ASKING NEIGHBORS IN A QUIET AREA TO PUT UP WITH THIS FOR TWO TO THREE WEEKS, QUITE DIFFERENT [00:30:01] THAN CENTRAL AVENUE FOR TWO TO THREE WEEKS. YES. AND I'M NOT SURE THAT TWO TO THREE WEEKS IS A REASONABLE TIMEFRAME FOR PEOPLE WHO WANNA SLEEP. WELL, FROM THE STANDPOINT OF, UH, GETTING PEOPLE OFF OF THE ROADWAYS, THAT'S WHAT OUR PLAN IS PROPOSING TO DO. AND AS I INDICATED, UH, WE HAVE STACKING FOR ALMOST DOUBLE WHAT WAS BEING USED AT THE CENTRAL AVENUE, THE ONSITE STACKING AT CENTRAL AVENUE DURING NEAR GRAND OPENING. IT'S CHANGED NOW BECAUSE THEY'RE GOING BACK MORE OF A HYBRID OF WHAT THE ORIGINAL PLAN WAS OF STACKING ON SITE. BUT IN THEIR FIRST GRAND OPENING STAGE, THEY WERE STACKING ABOUT HALF OF WHAT WE CAN WITHOUT NUMBERS. MM-HMM. , IT'S VERY HARD TO FOLLOW THE DIFFERENCE VERSUS WHEN I LOOKED AT IT AND SAW THREE LANES AND YOU'RE PROPOSING TWO, UM, AND I, YOU KNOW, YOU'RE SAYING THE LOT SIZE IS DIFFERENT, BUT THERE'S IS PARKING, THERE ISN'T PARKING. MM-HMM. , UM, I WOULD THINK IT WOULD BE HELPFUL IF THERE WERE, LIKE FOR THE PROPOSAL, WE HAVE A DRAWING YES. WITH NUMBERS AND EVERYTHING ELSE. YES. UM, WHAT YOU'RE TALKING ABOUT IS VERY HARD TO FOLLOW. AND, UM, I'M TRYING, I'M TRYING HARD TO LISTEN AND UNDERSTAND IT, BUT IT'S SOUNDING VERY FUZZY. OH. UH, AS YOU REQUESTED, THAT'S THIS ONE. SO THIS IS THE YONKERS, UH, SITE, UM, ON YOUR DRAWING. CENTRAL AVENUE IS AT THE BOTTOM OF THE DRAWING. UH, ROXBURY DRIVE IS THE ROAD TO THE LEFT. UM, THE BUILDING, AS YOU CAN SEE, AS YOU COME IN OFF OF CENTRAL AVENUE, AND THE PLAZA THAT YOU WERE REFERRING TO, WHERE THE QUEUE WAS BACKING PAST THE SUSHI PLACE IS ON THE, ON THE RIGHT HAND SIDE OF THE DRAWING THERE. SO WHAT WAS HAPPENING, UM, UNDER THE GRAND OPENING, THE POLICE DEPARTMENT CLOSED OFF THE DRIVEWAY ON ROXBURY DRIVE, WHICH IS THE DRIVEWAY OFF TO THE LEFT. AND THEY REQUIRED ALL VEHICLES TO ENTER THE DRIVEWAY AT THE NORTHERLY PORTION OF THE SITE, WHICH IS THE CENTRAL AVENUE DRIVEWAY IN THE FORM OF A RIGHT TURN IN, UH, WHERE THOSE YELLOW VEHICLES ARE SHOWN. THOSE ARE THE STACKING FOR THE ORDERING AREA. THE WHITE AREA TO THE RIGHT OF THOSE STACKED VEHICLES IS WHAT'S THE DRIVE, UH, BY LANE OR WAS, IS DESIGNED AS A BYPASS LANE THAT WAS BEING USED BY STACKING ALSO BECAUSE ALL OF THE VEHICLES WERE COMING IN OFF OF CENTRAL AVENUE, A RIGHT TURN INTO THAT WHITE AREA CIRCULATING AROUND THE BUILDING AND THEN COMING BACK TO GET INTO THE QUEUE. SO, AS I INDICATED, THE DIFFERENCE, THE BIG DIFFERENCE HERE IS THAT THE START OF THE TRUE Q LANE IS WITHIN 50 FEET OF CENTRAL AVENUE. AND AS YOU CAN SEE IN THAT DIAGRAM, YOU'RE QUEUING VEHICLES THERE, UH, YOU'RE QUEUING SOMEWHERE IN THE ORDER OF 20 SOME ODD VEHICLES IN THAT Q AREA. THE Q AREAS, YOU'RE SAYING THE THE TWO LANES, RIGHT? THE TWO LANES ADJACENT TO THE BUILDING? YES. OKAY. AND SO WHAT WE SAW WAS THAT THEY WERE U CORRECT ALL THE WAY AROUND IN THE THIRD AREA DOWN MM-HMM. AROUND. YES. WHICH IS PROBABLY HOW MANY IT WAS, UH, OVER 40 VEHICLES. AND ABOUT HOW MANY PARKING SPACES ARE HERE? UH, I BELIEVE IT'S AROUND 30, INCLUDING THAT'S ALL PARKING SPACES FOR TEAM MEMBERS AND GUESTS. AND THE ONES THAT WERE USABLE, JUST SO YOU CAN SEE THE ANGLED SPACES TO THE, TO THE BOTTOM OF THE DRAWING THERE, UH, THOSE WERE CLOSED OFF BECAUSE IT WAS BEING USED FOR, NO, NOT THAT AREA, UH, ADJACENT TO THE BUILDING. THOSE WERE NOT USABLE. AND NOW, UH, THE OTHER SPACES TO THE LEFT OF THE BUILDING, UH, THE FIRST ROW OF PARALLEL SPACES THERE, THOSE ARE CLOSED OFF DURING PEAK TIMES. WHY? BECAUSE THEY ARE NOW USING THAT AREA AS QUEUING AREA AS OPPOSED TO OUT ON CENTRAL AVENUE. SO YOU'RE SAYING THAT THE, THE REASON FOR THAT UNUSUAL STACKING ON CENTRAL AVENUE FOR QUEUING YES. WAS BECAUSE THE POLICE [00:35:01] DIDN'T ALLOW CUSTOMERS TO ENTER OFF OF THE ROXBURY DRIVE. ROXBURY. MM-HMM. , NOT THAT THIS HAS ANYTHING TO DO WITH THE LOCATION WE'RE DISCUSSING HERE. MM-HMM. . BUT WHY WOULD THEY DO THAT? BE UH, BECAUSE WHAT HAPPENED WAS THE PARKING LOT WAS FILLING UP AND THEY DIDN'T WANT ANY JAM UP ON ROXBURY DRIVE. SO THEY UTILIZED THE CURB LANE. 'CAUSE IT'S BASICALLY A, A, A WIDE SHOULDER AREA THERE. IT'S ABOUT 10 FEET WIDE. AND THEY DECIDED TO HAVE THE VEHICLE STACKED THERE BECAUSE THEY COULD THEN CONTROL THE MOVEMENTS, UM, MORE EFFICIENTLY. THEY MOVED IT AWAY FROM NOW. SO THAT MEANS THAT THE PEOPLE WHO REALLY NEEDED THIS, THEY WANTED TO KEEP IT AWAY FROM THE NEIGHBORHOOD. ALSO, BECAUSE ROXBURY DRIVE IS A RESIDENTIAL NEIGHBORHOOD, SO THEY WANTED THEM TO STACK ON CENTRAL AVENUE. AT LEAST THAT'S MY OBSERVATION OF WHAT THEY WERE DOING. SO THE PEOPLE WHO REALLY WANTED THEIR CHICK-FIL-A YES. AND THEY WERE HEADING NORTHBOUND ON CENTRAL AVENUE. MM-HMM. HAD TO GO NORTH AND MAKE A U-TURN AND COME BACK. COME BACK. THAT'S A LOT FOR SOME CHICKEN HEMORRHAGE. YES. OKAY. SO BASICALLY THOUGH, NOW, IF YOU WERE THERE TODAY AT LUNCHTIME, THAT WASN'T NECESSARY BECAUSE THE, THE DRIVEWAY WAS OPEN AT THE PEAK TIME. OKAY. UM, IT'S, IT'S JUST THAT I THINK, WELL, ME PERSONALLY, BUT I DON'T KNOW THE OTHER MEMBERS OF THE BOARD NEVER REALLY FULLY VISUALIZED MM-HMM. WHAT WAS DESCRIBED AS THE GRAND OPENING PANDEMONIUM MM-HMM. . AND WE WANT TO MAKE SURE THAT THE NEIGHBORS IN THE NEIGHBORHOOD YES. DON'T GET THE SHAFT UNDERSTOOD, SO TO SPEAK. WE'RE GETTING IT. UNDERSTOOD. THANK YOU. BUT YEAH, YOU CAN KEEP YOUR MOUTH QUIET PLEASE. YOU'RE NOT GONNA LET US TALK. YOU CAN TALK AT THE MICROPHONE. SO WE UNDERSTAND THAT AS MANY AS, AS SOME PEOPLE IN THE NEIGHBORHOOD DON'T THINK THAT THE ZONING BOARD OF APPEALS IS LOOKING OUT FOR THEM, WE DO WANT TO MAKE SURE THAT WHAT GETS PLACED ON THAT SITE YES. DOES NOT SCREW WITH THE NEIGHBORHOOD. UNDERSTOOD. AND JUST TO GO A LITTLE STEP FURTHER, THE BEST PART ABOUT THIS SITE, OR VERY GOOD PART, IS THAT YOU HAD A ENTRANCE AVAILABLE ON A VERY COMMERCIAL STREET. THE DESIGN THAT YOU HAVE IN FRONT OF US DOES NOT HAVE ANY ENTRANCE ON THE VERY COMMERCIAL STREET. IT ONLY HAS IT ON THE SMALL QUIET STREET. SO, UM, ONE AT A TIME, AND I'LL, I'LL LET PHIL ANSWER THAT QUESTION. UM, I WANT TO EXPLAIN A LITTLE BIT WITH WHAT WE WENT THROUGH WITH THE PLANNING BOARD FOR THE DEVELOPMENT OF THE GRAND OPENING PLAN, THE DEVELOPMENT OF THE STACKING PLAN, CHANGING THE ANGLED PARKINGS AND SO FORTH. ONE OF THE PLANNING BOARD MEMBERS, ACTUALLY THE CHAIRMAN OF THE PLANNING BOARD SUBSCRIBED TO QUICK SERVICE RESTAURANT MAGAZINE. HE WAS VERY FAMILIAR WITH CHICK-FIL-A GRAND OPENING, UM, ISSUES. ANOTHER PLANNING BOARD MEMBER, I BELIEVE WAS FROM THE NORTH CAROLINA REGION WHERE THERE ARE CHICK-FIL-AS, AND HAS HAD FIRSTHAND KNOWLEDGE OF THESE GRAND OPENING PROBLEMS. WE WENT THROUGH EXTENSIVE MEETINGS TWEAKING AT THEIR REQUEST, AND THE TOWN'S TRAFFIC ENGINEER'S REQUEST TO PERFECTING THINGS. AND THEN THAT EVENTUALLY ENDED UP IN THE NEGATIVE DECLARATION, WHICH IS A FINDING THAT THERE WILL BE NO SIGNIFICANT TRAFFIC IMPACTS. AND NOW I'LL PUT ON MY LAWYER HAT HERE FOR A SECOND. THAT DETERMINATION THAT THERE ARE NO SIGNIFICANT TRAFFIC IMPACTS IS BINDING ON ALL THE OTHER INVOLVED AGENCIES. SO I DON'T WANT THE ZONING BOARD OF APPEALS TO FEEL LIKE CHICK-FIL-A FOR THIS PROJECT. AND THE PLANNING BOARD AND THE PLANNING BOARD AND TOWN AND TRAFFIC ENGINEER DIDN'T DO THEIR DUE DILIGENCE. THEY LOOKED AT THE YONKERS SITE, THEY COMPARED IT, WE CHANGED, WE MADE CHANGES TO OUR SITE AND SO FORTH. UM, SO REALLY IT HAS BEEN DISCUSSED WITH THE PLANNING BOARD AND THE TOWN'S TRAFFIC ENGINEER FOR OVER A YEAR. TWEAKS WERE MADE AND FINDINGS WERE ADOPTED. UM, AND THAT'S WHAT LED US TO COME HERE FOR THE AREA VARIANCES. UM, SO CERTAINLY WE'RE OPEN EARS, BUT I DON'T WANT THAT TO GET LOST IN THIS PROCESS TO MAKE IT LOOK LIKE THERE WASN'T ANY HOMEWORK DONE BEFORE WE GOT HERE. WELL, WE'RE NOT SAYING THAT NO HOMEWORK WAS DONE. ALRIGHT. WHAT WE'RE, WHAT WE ARE CONCERNED THOUGH IS THAT YOU DIDN'T DO YOUR HOMEWORK CORRECTLY OR THAT YOU'RE TRYING TO, I DON'T KNOW, UH, PULL THE WOOLS, PULL THE WOOL OVER OUR EYES [00:40:01] JUST FOR THE DOLLAR BILL, SO TO SPEAK. MM-HMM. . UM, I'M, I'M STATING THESE THINGS ONLY BECAUSE THOSE ARE ON THE THOUGHTS AND MINDS OF THE PEOPLE WHO LIVE IN THAT NEIGHBORHOOD. UNDERSTOOD. AND IF I DON'T EXPRESS IT, UH, THE ONLY OPPORTUNITY THAT THEY GET TO EXPRESS IT MM-HMM. IS, I DON'T KNOW, SHOUTING OUT WHILE IN, SITTING IN THE MIDDLE OF THE AUDIENCE. UM, BUT I WANNA MAKE SURE THAT THIS IS GOING TO BE WELL CONTROLLED. YES. WE ON THE BOARD WOULD LIKE TO MAKE SURE THAT THIS IS WELL CONTROLLED IF IN FACT WE GRANT THE APPLICATION. UNDERSTOOD. UH, JUST WANT TO GO BACK AND ANSWER THE QUESTION ABOUT ACCESS TO A, A MAJOR ROADWAY. UH, IT ACTUALLY HAS SOME COMPLICATIONS, WHICH BECAUSE OF THE PROXIMITY OF THAT TO THE MAJOR ROADWAY IS WHY THE POLICE DEPARTMENT HAD TO INITIATE THAT PATTERN. UM, WE HAVE TWO POINTS OF ACCESS, COUNTY CENTER ROAD AND OLD KESCO ROAD, IF YOU RECALL, AS PART OF THE TRAFFIC MANAGEMENT PLAN. IF AND WHEN DURING GRAND OPENING, THE QUEUES EXTEND, THE OLD KESCO ROAD DRIVEWAY WILL BE CLOSED OFF. SIMILAR IN NATURE TO WHAT THE POLICE DEPARTMENT DID HERE TO KEEP THE TRAFFIC FLOWING AND TO PROTECT THE NEIGHBORHOOD. OUR PROPOSAL ALSO, UH, ORIGINAL INITIATES THE CLOSURE OF THAT AND REQUIRES TRAFFIC TO COME, UH, AROUND THE COUNTY CENTER ROAD ACCESS. AND THAT'S WHERE WE PICK UP ADDITIONAL STACKING ON OUR SITE. AS I INDICATED ON OUR PLAN THAT WE'VE REVIEWED WITH YOU AND WITH THE PLANNING BOARD, WE HAVE STACKING FOR 60 VEHICLES AT LEAST ON OUR SITE, UNDER THAT CONDITION WITH THE OLD KENSICO ROAD DRIVEWAY, UH, TEMPORARILY CLOSED OFF AND EVERYONE CIRCULATING TO, UH, THE COUNTY CENTER ROAD DRIVEWAY. UM, THAT DOES NOT ACCOUNT FOR ANY ADDITIONAL QUEUING THAT COULD BE DONE IN THIS GRAND OPENING PERIOD IN THE WHITE PLAINS LOT, WHICH COULD ACCOMMODATE AT LEAST AN ADDITIONAL 10 VEHICLES. SO OUR PLAN IS REALLY TO PROTECT THE NEIGHBORHOOD AND THE ROADWAYS AROUND HERE TO HAVE ENOUGH OFF STREET STACKING SO THAT THE ROADS ARE KEPT CLEAR FOR EMERGENCY SERVICES FOR THE NEIGHBORHOOD. AND THEN I'LL ALSO POINT OUT THAT ONCE WE GET THROUGH THE GRAND OPENING PERIOD, THE IMPROVEMENTS THAT WE'RE MAKING, UM, IT'S TURNING OUT THAT WE'RE GONNA SPEND WELL OVER A MILLION DOLLARS TO DO THE UPGRADES TO THE TRAFFIC SIGNAL. THE WIDENING OF ALL KENCO ROAD. THE PRICES, UH, FOR THOSE ROAD IMPROVEMENTS ARE INCREASING EVERY DAY. UM, IN TERMS OF THE COST, WE'RE FINDING ON ALL THE BIDS, WE'RE GETTING ON SIMILAR TYPE OF IMPROVEMENTS. SO WE ARE MAKING SIGNIFICANT UPGRADES. UH, FOR EXAMPLE, COMING OUT OF THE NEIGHBORHOOD IN THE MORNING, RIGHT NOW, YOU, YOU WAIT FOR THE LIGHTS BECAUSE THE SYSTEM IS NOT WORKING AND YOU HAVE ONE LESS LANE THAN WHAT WILL BE THERE IN THE FUTURE. SO WE'RE TRYING TO, UH, MAKE THE WHOLE OPERATION BETTER, NOT JUST DURING CHICK-FIL-A'S PEAK TIMES, BUT IN OTHER TIMES OF THE DAY. AND THE CONCERN IS THAT WE HAVE TO MOVE ON BEYOND THE, UM, GRAND OPENING. YES. THE OWNER OF THIS PARTICULAR CHICK-FIL-A IS GOING TO HAVE THE ENVIOUS POSITION OF WORKING AND DEALING WITH THE COUNTY CENTER. UNDERSTOOD. UM, SO IT'S NOT GOING TO BE JUST A ONE TIME THING. IT COULD BE EVERY TIME THERE'S A MAJOR EVENT AT THE COUNTY CENTER. YES. AND WE'VE INDICATED THAT THE GRAND, WHAT WE CALL THE GRAND OPENING PHASE, UH, PLAN WOULD BE USED NOT ONLY FOR GRAND OPENING, BUT DURING EVENTS AT COUNTY CENTER AND ANY OTHER PEAK TIMES. IT'S, IT'S NOT JUST, WE REFER TO IT AS THE GRAND OPENING PLAN, BUT IT'S SOMETHING THAT IS A RESPONSIBILITY TO BE IMPLEMENTED DURING ANY OF THOSE OTHER EVENTS THAT OCCUR. OKAY. I'M GONNA MOVE IT ON. YES. I JUST QUESTION ONE MORE REQUEST. NO. HOW MANY PEOPLE FROM THE PUBLIC ARE HERE WHO HAVE NEVER SPOKEN ON THIS APPLICATION TO DATE? BECAUSE IF YOU'VE BEEN HERE BEFORE, YOU'RE ALREADY ON THE RECORD AND YOUR COMMENTS ARE PROBABLY SIMILAR AND YOU COULD PERHAPS COME BACK NEXT MONTH AND GIVE THEM, IF YOU'VE NEVER SPOKEN BEFORE ON THIS APPLICATION, I'M GONNA CALL YOU UP AND YOU'RE GONNA HAVE THREE MINUTES TO SPEAK 'CAUSE WE HAVE TO MOVE THE MEETING ALONG. SO PLEASE RAISE YOUR HAND IF YOU HAVE NOT SPOKEN BEFORE. I [00:45:01] KNOW THAT YOU BOTH HAVE, I HAVE SPOKEN, BUT ON DIFFERENT ISSUE. HAVE A PLANNING BOARD NOT AT THE ZONING BOARD. YOU SPOKE AT THE BON ZONING BOARD. MA'AM, YOU IN THE BACK? YOU CAN COME UP THREE MINUTES. OKAY. I'M GONNA SET A TIMER. YOU I DON'T LIKE TALKING. OH, ANYWAY, JUST READ AND I'M GONNA LOOK AT THE TIME. SUSAN 2 64 KO ROAD. UM, MY FIRST QUESTION IS, IT'S A QUESTION. ARE YOU AN ACCOMPLISHED ENGINEER? MA'AM, YOU CAN'T OF THE, YOU CAN'T HAVE A DIALOGUE WITH THE APPLICANT. YOU HAVE TO JUST SPEAK TO THE, ANYWAY, SO WHAT MY CONCERN IS, IS IF YOU'RE ON TERRYTOWN ROAD AND COUNTY CENTER ROAD, COUNTY CENTER ROAD DIPS DOWN AND BACK UP TO OLD KENCO ROAD, THERE IS NO WAY YOU CAN HAVE LEVEL PARKING LOT THERE UNLESS YOU BRING IN DIRT OR MAKE A WALL FROM MY, I I LIVE THERE. SO I WALK AROUND, I DO THE BROAD RIVER PARKWAY. YOU DON'T NEED TO KNOW THAT . BUT ANYWAYS, IT, IT'S, IT'S ON AN INCLINE OR A DECLINE. UH, NEXT ONE IS THE NIGHT LIGHTING. THERE'S GONNA BE TALLER POLES, THERE'S GONNA BE LIGHTS, IS THAT GONNA DISGRACE OUR NEIGHBORHOOD? AND ANOTHER ONE IS A SETBACK MIGHT BE, IS THERE PROPER DISPOSAL OF ALL THE GARBAGE SO IT DOESN'T MAKE IT INTO OUR NEIGHBORHOOD. AND ANOTHER ONE IS IF YOU'RE HAVING OUTDOOR SEATING, THE PEOPLE ACROSS THE STREET AT THE OTHER, UM, BUILDING WILL PROBABLY WANNA SIT THERE ALSO TO HAVE THEIR LUNCH, BUT NOT USE CHICK-FIL-A SO I WOULD SUGGEST YOU NOT HAVE ANY OUTDOOR SEATING . THAT'S MY SUGGESTION. SO YOU DON'T HAVE TO CLEAN UP AFTER EVERYONE. AND, UM, IF YOU WANT, UH, MY, THIS IS A, A REQUEST OR A FAVOR, IF YOU WANNA HELP US, UM, WE NEED STOP SIGNS AT OLD KENSICO ROAD AND RANDOLPH ROAD AND OLD KENKO ROAD AND KENT ROAD TO STOP THE SPEEDING. AND THERE ARE PEOPLE WHO WALK DOWN THE ROAD TO GO TO CHICK-FIL-A TO GO TO MASS TRANSIT AND THERE'S NO SIDEWALKS. SO FOR THEIR SAFETY, WE NEED STOP SIGNS THERE. AND IF THEY CAN HELP US GET STOP SIGNS, WE WOULD LIKE THAT. THAT'S IT. THANK YOU. THANK YOU MA'AM. IN THE BACK. YOU, YOU HAVE WANNA COME FORWARD. COME. GOOD AFTERNOON. MY NAME IS ALAN F. SCHMIDT. I LIVE AT 2 76 OLD KENSICO ROAD. WE ARE NEIGHBORS AND UH, MAIN CONCERN IS SAFETY AND ALSO TRAFFIC CONTROL. TRAFFIC CONTROL IS VERY IMPORTANT. I GO TO WORK EVERY DAY AND I GET STUCK IN THAT LIGHT, WHICH ONLY FOUR, THREE CARS GO BY. SO THAT'S A VERY BIG SAFETIES. PEOPLE GOING TO TRY TO MAKE SHORTCUT, GO UP, CAN ROAD AND START SPEEDING AT NIGHT. I HEAR LIKE TRAFFIC GOING FAST LIKE 50 MILES AN HOUR. IF I HAD A CAMERA, I CAN TAKE PICTURES OF THE LICENSE PLATE AND GIVE IT TO THE POLICE. BUT YES, THAT'S A SAFETY. SO MY MAIN CONCERN IS TRAFFIC CONTROL. THAT MAIN LIGHT IS ONLY ABOUT FOUR CARS THAT GO BY. SO IF IT CAN DO SOMETHING ABOUT THAT, THAT WOULD BE GREAT, BUT IF IT'S NOT, I'M NOT. GO FOR IT. THANK YOU. THANK YOU. OKAY, SIR? YEP. COME UP. MY NAME IS ERIC SCHMIDT. I LIVE AT 73 COUNTY CENTER ROAD AND I'M JUST CONCERNED WITH THE, UH, GETTING OUT OF THE NEIGHBORHOOD. I WANT TO BE ABLE TO NOT HAVE TO WAIT FOREVER AND I'LL JUST KEEP IT BRIEF, BUT I'M JUST WORRIED. I DON'T THINK THE TRAFFIC CONTROL, UH, SYSTEMS ARE GOING TO BE VERY EFFECTIVE BECAUSE IT'S A HEAVILY POPULATED AREA, A LOT OF TRAFFIC AND ALL THAT ENTIRE INTERSECTION. AND I, I'M, I'M VERY CONCERNED ABOUT, UH, OUR, UH, ABILITY TO, UH, GET IN AND OUT OF OUR NEIGHBORHOOD. THANK YOU VERY MUCH. THANK YOU. YOU WANNA COME THREE MINUTES? ME? YES, YOU'RE YOU'RE UP. YOU'RE GOOD. EVENING. MY NAME IS DOREEN LIPSON, L-I-V-S-O-N. UM, I'M A RESIDENT OF UNINCORPORATED GREENBURG FROM THE WORTHINGTON WOODLANDS AREA. I AM ALSO AN EXECUTIVE BOARD MEMBER OF THE COUNCIL OF GREENBERG [00:50:01] CIVIC ASSOCIATION, THE COUNCIL OF GREENBERG CIVIC ASSOCIATIONS. JUST FOUND OUT RECENTLY THAT THE ATTORNEY FOR CHICK-FIL-A SUBMITTED A 20 PAGE DOCUMENT REGARDING THIS APPLICATION. A BRIEF LOOK AT THIS LATEST SUBMISSION INDICATES IT IS FILLED WITH TYPOS, MISINFORMATION, AND ERRORS. THE CGCA IS RELIEVED TO HEAR THAT THE ZBA WILL ADJOURN THIS MEETING SO THAT WE WILL HAVE ADEQUATE TIME TO RESPOND BY SEPTEMBER 19TH. THANK YOU. THANK YOU. AND YOU WANT TO SPEAK YOU SIR ? YEAH. TOM BOCK. BOCK. I'M THE PRESIDENT OF THE FULTON PARK NEIGHBORHOOD ASSOCIATION. SO WE WERE AT THE WHITE PLAINS MEETING AND THEY SAID THAT THE WHITE PLAINS LOT CANNOT BE USED TOWARDS SATISFYING THE TOTAL COUNT OF SPACES ON THAT PROPERTY. IF YOU GO ON FACEBOOK OR NEXT DOOR, THEY REFERENCE THE, UH, CHICKS THAT HAVE OPENED THAT YOU WERE TALKING ABOUT. AND EVERYBODY TELLS ABOUT THE NIGHTMARE OF TRYING TO GET IN AND OUT AND JUST THE TRAFFIC FLOW IN GENERAL. SO WE WERE TOLD A NUMBER OF YEARS AGO THAT WEST TAB WESTHAM WOULD HAVE NO EFFECT ON TRAFFIC IN OUR NEIGHBORHOOD. AND YET IT DOES. AND EVERY TIME WE'RE TOLD THAT IT'S NEG IT'S GONNA BE A NEGLIGIBLE IMPACT. THE TRAFFIC STUDIES ALWAYS SHOW ONE 19 IS AN F RATED ROADWAY, WHICH MEANS IT CAN'T REALLY TAKE ANY MORE. AND LIKEWISE, AS SOME OF MY NEIGHBORS HAVE SAID, THE SPEEDING ON OUR STREET IS USED AS A CUT THROUGH EITHER FROM THE BRONX RIVER PARKWAY, EITHER GOING OUT THROUGH OUR NEIGHBORHOOD INTO CENTRAL AVENUE OR THE OPPOSITE DIRECTION WHEN THERE'S AN EVENT AT THE COUNTY CENTER, WHICH HAPPENS TO BE EVERY WEEKEND. SO IT'S NO LONGER THE COVID, YOU KNOW, ABANDONED BUILDING THAT IT USED TO BE. EVERY WEEKEND WE HAVE HEAVY TRAFFIC AND PARKING ON COUNTY CENTER ROAD, BOTH IN FRONT OF 10 COUNTY CENTER ROAD, WHICH IS RIGHT BY THEM. THEY'RE WHERE THEY WANT TO BE. AND THE OTHER SIDE OF COUNTY CENTER ROAD AS WELL AS DOWN OLD KENSICO ROAD. AND THE ONLY, THE ONLY TRAFFIC CONTROL WE GET FROM THE POLICE DEPARTMENT IS THEY'LL TICKET ANYBODY THAT'S PARKED IN FRONT OF THE FIRE HYDRANT. SO EVERY TIME WE'RE TOLD IT'S NOT GONNA AFFECT OUR NEIGHBORHOOD. I I APPRECIATE THAT YOU WERE TRYING, ASKING VALID QUESTIONS ABOUT THE NEIGHBORHOOD AND I'M SORRY THAT I SHOUTED OUT, BUT YOU KNOW, THIS IS, THIS IS IMMEDIATE TO US. THESE GUYS ARE WEARING SUITS. THEY'RE COMING IN WITH MILLIONS OF DOLLARS. THEY'RE TELLING US WE'RE GONNA HAVE MILLIONS OF DOLLARS OF UPGRADES IN THE AREA, BUT NOT TO US FOR THEM. AND THAT MILLION DOLLAR UPGRADE AND THE LIGHT THAT THEY'RE GONNA CHANGE, IT'S GONNA CHANGE FROM THREE CARS TO MAYBE SIX CARS. AND YEAH, THAT'S A HELP. BUT WE CAN'T GET IN AND OUT OF THE NEIGHBORHOOD WITH THE AMOUNT OF CARS THAT WE'RE SEEING ON CENTRAL AVENUE VISITING HERE. SO THEY HAVE ASKED FOR SO MANY VARIANCES THAT IT PROVES THAT THIS PROPERTY IS TOO SMALL FOR WHAT THEY WANNA DO. THIS IS NOT THE RIGHT LOCATION. I GOT NOTHING AGAINST CHICK, BUT IT'S NOT THE RIGHT LOCATION FOR THIS STORE. PEOPLE COME, PEOPLE COME UP AND DOWN OLD KENCO AND THEY'LL TURN AROUND IN OUR DRIVEWAYS SO THAT THEY CAN COME BACK AND BE FACING THE ANOTHER DIRECTION. AND WE GET THIS ALL THE TIME AS WELL WITH THE COUNTY CENTER EVENTS. I, I'M ALMOST, THE OTHER ISSUE WE HAVE IS FLOODING A LOT OF FLOODING. I HAVE PICTURES, BUT I DON'T HAVE 'EM TO SUBMIT TO YOU. I HAD NINE FEET OF WATER IN THE LAST MAJOR STORM IN MY BASEMENT. IT WAS FULL RIGHT UP TO THE FIRST FLOOR. SO WHEN WE HAVE A REGULAR RAINFALL, AND, AND I CAN SHOW YOU PICTURES OF THIS TOO. THE STREET FLOODS OVER, DOESN'T NECESSARILY GO INTO THE HOMES, BUT IT FLOODS OVER AND THEN YOU HAVE PEOPLE DRIVING THROUGH THIS. IT'S JUST NOT A SAFE SITUATION. SO THEIR PLAN IS TO GET CARS OFF THE ROAD. OUR PLAN IS TO GET IN AND OUT OF OUR NEIGHBORHOOD. AND THAT'S WHAT I THINK THE, THE TWO OF YOU WERE, WERE LEADING TO AND I APPRECIATE THAT. AND THIS GOES AGAINST THE COMP PLAN, WHICH SHOULD MEAN SOMETHING TO EVERYBODY. IT GOES AGAINST THE ZONING AS IT IS BECAUSE THEY'RE ASKING FOR THE VARIANCES. THEY ARE. I ASK YOU TO REFUSE THIS. THANK YOU. AND I APOLOGIZE FOR THE OUTBURST. THAT'S OKAY. [00:55:01] THANK YOU. ALRIGHT, WE'RE GONNA MOVE ON. UM, YES, THERE ARE TWO SPEAKERS ON ZOOM THAT WE SHOULD SPEAK. OH, UM, MARIA GOMEZ, THREE MINUTES. YOU HAVE THREE MINUTES. UNMUTE YOUR GOOD EVENING. THANK YOU. UM, HONORABLE CHAIRPERSON EVE, BUNTING SMITH AND BOARD MEMBERS OF THE ZONING BOARD OF APPEALS. I NOTICED IN THE LAST HEARING NOTICE POSTED BY THE APPLICANT THAT THERE HAVE BEEN SEVERAL ERRORS MADE BECAUSE OF THAT. I WENT BACK TO CHECK THEIR ZBA VARIANCE APPLICATION SUBMITTED ON FEBRUARY 14TH, 2024 WAS WRONG. IT WAS, IT, IT TURNED OUT THAT THE ERRORS HAD BEEN CARRIED OVER TO THE ZBA AGENDA, HEARING NOTICES AND THE APPLICANT'S PUBLIC HEARING NOTICES. THESE ERRORS ARE FOR IN THE LIST OF VARIANCES PROPOSED FOR THIS PROJECT. THE ERRORS ARE, AND I MENTIONED ALL THE ERRORS, BUT, UM, I'M COMMITTING WHAT I'M READING, SO I RATHER JUST SKIP THIS BECAUSE I HAVE LIMITED TIME. BUT THERE ARE NUMEROUS MISTAKES AND THEY HAVE TO DO WITH HOW THE CODES ARE WRITTEN. NOW, UM, I SAY THERE ARE NOT, THERE AREN'T NOT SIMPLE TYPOS. THE ERRORS CANNOT BE CORRECTED SO EASILY. THE ERRORS IN THE APPLICATION SHOULD BE CORRECTED AND NOTICED ONCE AGAIN. NOW, YESTERDAY I SPOKE WITH EILEEN MCLEAN FROM THE WHITE PLAINS PLANNING BOARD. SHE EXPLAINED TO ME THAT THE COMMERCIAL PARKING LOT LOCATED AT TWO DASH 18 TERRYTOWN ROAD IN WHITE PLAINS IS CONSIDERED A SEPARATE PROJECT FROM THE GREENBERG CFA PROJECT. IT HAS NOTHING TO DO WITH CFA AT ALL OTHER THAN BEING ABLE TO PARK THE EMPLOYEE'S VEHICLES THERE. CFA CAN'T COUNT THE 30 PARKING SPACES TO MEET THE GREENBERG PARKING REQUIREMENTS BASED ON WHITE PLAIN ZONING. ORDINANCE 3.51 FOR CUSTOMER OVERFLOW BECAUSE IT'S ALL EXTENSION OF USE INTO ANOTHER MUNICIPALITY. THEIR BEEF THREE REZONING DISTRICT DOES NOT PERMIT QUICK SERVICE, FAST FOOD RESTAURANTS. CONTRARY TO THE STATEMENT MADE BY THE APPLICANT IN THE APRIL, 2022 PROJECT. NARRATIVE INCLUDED IN THE PLANNING BOARD APPLICATION, THIS LEADS ME TO THE WHITE PLAIN ZONING ORDINANCE 3.5 LOTS AND TWO OR MORE DISTRICTS OR MUNICIPALITIES. SECTION 3.5 0.2, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, DIMENSIONAL REQUIREMENTS PERMITTED IN ONE DISTRICT OR ANOTHER, MUNICIPALITY MAY NOT EXTEND INTO ANOTHER DISTRICT OF THE CITY OF WHITE PLAINS WHERE THEY WOULD NOT OTHERWISE BE PERMITTED. THE 19,153 FEET OF PROPERTY LOCATED IN WHITE PLAINS SHOULD NOT BE COMBINED TO COMPLETE THE 80,000 SQUARE FOOT, UH, SQUARE FOOT REQUIREMENT FOR THE LOT SIZE OF A FAST FOOD, UM, BUSINESS. SORRY, UH, WHITE PLANE ORDINANCE. UH, MA'AM, YOUR, YOUR TIME IS UP. COULD I MAKE A SUGGESTION? YES. DO YOU, DID YOU PUT ANY OF THIS IN WRITING TO US? UM, IT'S GONNA BE SUBMITTED, THAT'S WHY I WANTED TO READ IT INTO THE RECORD. OKAY. 'CAUSE IF YOU SUBMIT IT IN WRITING, IT WILL BE ENTERED INTO THE RECORD. SO I WOULD SUGGEST THAT YOU DO THAT AND THEN WE CAN, WE CAN MOVE ON WITH THE MEETING. IF, IF YOU SUBMIT IT IN WRITING, WE'LL ALL READ IT AND IT'LL GET PUT INTO THE RECORD. THANK YOU. CAN I READ IT IN THE NEXT, UM, NEXT MONTH IF IF POSSIBLE OR IF I SUBMIT IT? IF YOU SUBMIT IT. IT'S NOT NECESSARY, BUT YOU'RE WELCOME TO, YOU KNOW, COME IN. THANK YOU. THANK YOU. AND WHO'S THE FINAL SPEAKER MADE? OKAY. I, I AM NOT GOING TO, UM, SPEAK ON BEHALF OF THE COUNCIL BECAUSE IT, IF IT REMAINS OPEN UNTIL NEXT MONTH, IT'LL BE EASIER FOR US. I'M SORRY, BUT I CAN'T HEAR HER. OKAY. THANK YOU MADELINE. SHE'S, THAT WORKS NEXT MONTH. SHE'S GONNA WAIT TILL NEXT MONTH. OH, IS THAT WHAT YOU'RE SAYING? THAT'S WHAT, THANK YOU. OKAY, SO I THINK WE'RE GONNA MOVE ON. YOU HAVE A WRAP UP? YEAH, I'LL JUST SAY, YOU KNOW, UM, WE HEARD YOUR COMMENTS, WE WILL RESPOND, UM, BY THE NEXT CBA MEETING. HOPEFULLY WE'LL HAVE A DETERMINATION FROM WHITE PLAINS THAT WILL PUT A LOT OF THIS, UM, CONFUSION TO REST. AND, UH, WE LOOK FORWARD TO CONTINUING THE DISCUSSION. THANK YOU. THANKS. OKAY. COULD MOVE ON TO THE NEXT CASE. THIS IS CASE NUMBER 24 11 ALBERTO TIERI, 1 54 [01:00:01] NORTH ROAD. JUST WANTED TO ADDRESS THE BOARD VERY QUICKLY FOR 24 11. UH, TIERI, UM, THE APPLICANT IS NOT ABLE TO BE HERE IN PERSON, BUT HIS REPRESENTATIVE IS GOING TO BE HERE, UM, REMOTELY I ASSUME. AND HE WANTED TO APOLOGIZE FOR THE, TO THE BOARD FOR NOT BEING ABLE TO MAKE IT THIS EVENING. OKAY. OKAY, THANKS. IS THAT MR. UH, DAMOUR? YES. THAT'S HERE FOR THIS. WELCOME, SIR. YOU HAVE THE ABILITY TO SHARE SCREEN IF, IF THAT'S HELPFUL. OTHERWISE WE HAVE THE PLANS FOR YOU. UM, IF YOU COULD PLEASE BEGIN YOUR PRESENTATION. HI, GOOD EVENING. THANK YOU VERY MUCH FOR HAVING US TODAY. CAN'T HEAR. OH, WE CAN'T HEAR YOU, SIR. YES. COULD YOU PLEASE, UM, TURN UP YOUR MICROPHONE, UH, VOLUME OR BE CLOSER TO YOUR MICROPHONE IF POSSIBLE. MAYBE DO A TEST FOR US. OKAY. CAN YOU HEAR ME BETTER NOW? NOT MY, NO, NO, NOT SO MUCH. BUT IF YOU, YOU, I CAN'T HEAR IF YOU ELEVATE YOUR AUDIO LEVEL, UM, ON THE ZOOM, THAT'S TYPICALLY WHAT WILL ASSIST WILL HELP. UM, DO YOU WANT ME TO WALK YOU THROUGH IT REAL QUICK OR DO YOU, IF YOU DON'T MIND. YEAH, NO PROBLEM. IF YOU GO TO THE LOWER LEFT OF THE SCREEN, YOU'LL SEE A MICROPHONE WITH A, A CARROT OR AN UP ARROW. IF YOU CLICK THAT, UM, IT'LL SAY AUDIO SETTINGS. DO YOU SEE THAT? CAN YOU HEAR ME NOW? UH, BETTER SOUNDS BETTER. SOUNDS BETTER, YES. OKAY, THAT'S BETTER. PLEASE PROCEED. THANK YOU. YOU ALRIGHT? AWESOME. UM, SO THIS IS THE APPLICATION WE SUBMITTED ORIGINALLY A WHILE AGO. IT'S, UM, AN EXISTING ONE STORY HOUSE AND SHOW YOU THE EXISTING PICTURE JUST TO BRIEF YOU THROUGH. AND BASICALLY WHAT WE'RE DOING PLAN WISE, THIS IS THE SIZE OF THE EXISTING HOME AND WE HAVE IN A KITCHEN ADDITION TOWARDS THE BACK, BUT WE ADDED A, A SECOND FLOOR ON TOP. SO DUE TO WHEN WE GO BACK TO THE FLOOR PLAN, I'M SORRY, THE PLOT PLAN, AS YOU CAN SEE THERE IS, UM, THE EXISTING HOUSE IS 3.72 FEET AWAY FROM THE SIDE YARD. SO THEY HAVE AN EXISTING NON-COMPLIANCE. AND OBVIOUSLY ADDING THE SECOND STORY TO IT, IT WILL INCREASE THE EXISTING NON-COMPLIANCE. SO WHEN WE HAD, WHEN WE PRESENTED LAST TIME IN FRONT OF YOU, WE HAD A LIST THE NUMBER OF, UM, VARIANCES NEEDED. UM, ONE IS THE LOT WIDTH IS NOT 75 FEET, IT'S 62.5. OBVIOUSLY THERE WAS AN ISSUE WITH THE, UH, CELL YARD THAT MINIMUM REQUIRE IS 10 FEET. AND WE ONLY PROVIDING 3.72, MAINTAINING THE EXISTING NON-COMPLIANCE. UM, BUT THERE WAS ALSO AN OBJECTION OF THE, UH, PROPOSED IMPERVIOUS SURFACE. SO THE MAXIMUM PERMITTED FOR THIS LOT IS 40.75%. THE EXISTING, IT IS 42%. IT'S AN EXISTING NON-COMPLIANCE. AND WE WERE PROPOSING 47% THAT RAISED IT A CONCERN THAT WHY WE NEEDED TO HAVE SO MUCH IMPERVIOUS SURFACE. AND IT ACTUALLY, UH, WE REALIZED THAT THERE WERE OTHER THINGS THAT WERE RIGHT WITH THE SITE, WHICH WE, UH, SUBMITTED THE REVISED, UH, PLOT PLAN, UM, WITH THESE CHANGES. SO ONE OF THEM WAS THE EXISTING DRIVEWAY. IT DOES PROTRUDE BEYOND OUR PROPERTY LINE ABOUT A FOOT AND TWO INCHES. SO THIS IS A RED HATCH OVER HERE ON THE LEFT SIDE INDICATES THAT WE ARE PROPOSING TO, UM, ELIMINATE OBVIOUSLY THE PART THAT IS NOT ON OUR PROPERTY AND READJUST THE DRIVEWAY TOWARD OUR PROPERTY. UM, WITHOUT REMOVING ANY TREES, THERE IS ALSO A SHED THAT IS COM ALMOST COMPLETELY ON OUTSIDE OF THE CLIENT'S PROPERTY, UM, WHICH WE ARE ASKING TO BE REMOVED. AND THERE IS, UH, ALL THESE AREA IN BLUE THAT IT'S ALSO GRAVEL. UM, UM, A VAST PORTION OF IT IS NOT EVEN IN, IN OUR PROPERTIES AND THE NEIGHBOR'S PROPERTY. WE ARE ALSO REMOVING ALL THIS GRAVEL AND REPLANTING IT WITH GRASS. UM, THERE IS, YOU KNOW, ALL THESE ALL DISTURBANCE. UH, WE REALIZE THAT THERE IS THIS BACK PATIO, REAL PATIO THAT IS ALSO A NON-CONFORMING IS, YOU KNOW, THE MINIMUM DISTANCE FROM A PATIO, UH, SURFACE TO A REAR YARD IS SUPPOSED TO BE 10 FEET. AND WE ONLY HAVE ONE FOOT, NINE AND A HALF INCHES. AGAIN, THIS PORTION OF PATIO, [01:05:01] WE LEFT IT IN PLACE. IT SEEMS LIKE THE CLIENT IS VERY ATTACHED TO THIS BACK PATIO. FEELS, UH, THE GUY DOES ENTERTAIN HIM QUIETLY, BUT, UH, FOR HIM IT'S LIKE A REALLY NICE PIECE OF HIS YARD. HE RELAXES AND HE, HE REALLY ENJOYS THIS BACK PATIO. HE BEGGED ME TO PLEASE KEEP AS MUCH OF THE BACK PATIO AS POSSIBLE. SO AGAIN, WE HAD RECALCULATED ALL THE IMPERVIOUS SURFACE, ELIMINATING ALL THIS BLUE PORTION, THE RED AND THE ORANGE BECAUSE THIS ORANGE PORTION HERE, IT'S ALSO PART OF HIS PATIO. THERE IS THIS LITTLE WALKWAY AND A FIRE PIT. BUT WE'RE TAKING IT OUT, UH, TO MAKE SURE THAT THE, UH, IMPERVIOUS SURFACE REMAINS AT AN EXISTING NON-COMPLIANT OF 42%. SO AT LEAST WE ARE NOT MAKING THE IMPERVIOUS SURFACE ANY WORSE. BUT WE DO ADD, UH, WE ARE ADDING THIS, UH, VARIANCE FOR THE PATIO, UH, REAR YARD DISTANCE THAT IS SUPPOSED TO BE 10 FEET. AND WE ONLY HAVE 1.1 FEET, NINE AND A HALF INCHES JUST TO GIVE YOU. UH, WE ALSO PROVIDING HERE TWO, UH, CONCRETE DRYWALLS PRECAST, 1000 GALLON EACH BECAUSE, UH, THESE EXISTING NON-CONFORMING, UM, IMPERVIOUS SURFACE NEED TO BE ANALYZED. SO HERE IS A LIST OF ALL THE AREAS THAT WE HAVE FOR ALL THE SURFACE THAT WE HAVE ON THE PROPERTY, THE PATIO OF THE WALKS, THE STAIRCASE, DRIVEWAY, THE ADDITION, AND SO ON. BUT WE ARE, WE ANALYZING EVERYTHING EXCEPT THE DRIVEWAY AND THE HOUSE, WHICH IS SUPPOSED TO BE ON THE PREVIOUS, UM, YOU KNOW, ON, ON THE, AS BILL DRAWINGS. SO THE AREAS THAT WE'RE ADDING IS ABOUT 1,334 SQUARE FEET, AND THAT'S WHERE WE QUALIFY. THAT WOULD REQUIRE 1.66, UH, DRY WELLS, WHICH WE ARE USING TOO. SO WE ARE USING MORE THAN, UH, THAT WOULD, UH, BE REQUIRED TECHNICALLY SPEAKING. UM, AND THE AREA WHERE WE LOCATED THESE DRYWALLS ARE IN THIS, YOU KNOW, BACK AREA THAT WE'RE REUSING SUCH AS, YOU KNOW, BECAUSE SINCE WE HAVE TO, UH, ELIMINATE THE, THE CONCRETE, UH, PATIO, NOW WE COULD REUSE TO EXCAVATE AND, AND DIG FOR THE WELLS AND THEN RE-GRASS, ALL THESE AREA AS THEY SHOULD. UH, JUST ONE QUICK NOTE, UH, TO MAKE A QUICK, THIS IS THE PICTURE OF THE REAR YARD THAT THEY HAVE. SO IT'S, YES, THE, THE PATIO, THIS IS THAT PORTION OF THE PATIO. UNFORTUNATELY, THE PICTURE, IT DOESN'T SHOW THE WHOLE WIDTH OF THE PROPERTY, UH, BUT THIS IS THE PATIO THAT THEY HAVE AND THERE IS A CONTINUATION TO THE LEFT. SO THIS IS SORT OF THE, THE PAVERS THAT THEY HAVE. UM, AS YOU CAN SEE, IT'S WELL, UH, YOU KNOW, PLANTED WITH LARGE PIECES OF EVERGREEN, SO THERE IS NO DISTURBANCE TO ANYBODY BESIDES THE BACK AREA HERE IS THE CEMETERY. BUT EVEN THOUGH THERE IS, YOU KNOW, LIKE I SAID, THERE IS A LOT OF PRIVACY BETWEEN THEM AND ALL THE NEIGHBORS, UM, BECAUSE OF THIS VAST VEGETATION AT THE PERIMETER. UM, AND AGAIN, LIKE TO, TO GO THROUGH THE AREAS THAT THEY'RE NONCONFORMING THAT WE'RE SEEKING APPROVAL FROM YOU GUYS TONIGHT IS THE, THE, THE, THE WIDTH OF THE, THE LOT, UM, THE IMPERVIOUS SURFACE, UH, TO MAINTAIN AT THE 42% AND THE LOT THE WIDTH ON, YOU KNOW, THE SIDE YARD OR THE, UH, ON THE ONE SIDE FROM 3.72 FEET, UH, REQUIRES 10. AND ALSO THE, THE REAR PATIO THAT IT'S, UH, ONE FEET, NINE AND A HALF INCHES VERSUS THE 10 FEET. THANK YOU. OH, YOU'RE VERY WELCOME. UM, DOES THE BOARD HAVE ANY QUESTIONS? IT WOULD HAVE BEEN NICE TO GET THIS REVISED PLAN IN TIME FOR THE MEETING. IT WAS, YEAH. THIS IS, THIS IS, THIS IS NOT, THIS IS NOT THE PLAN HE'S SHOWING. LET'S SEE IF YOU SEE THAT. I HAVE IT RIGHT HERE. WE HAVE, UH, I THOUGHT WE HAD SUBMITTED ALL THE REQUIRED INFORMATION. I'M VERY SORRY WE HAVE IT. YEAH. THANK YOU. OKAY. ANY OTHER QUESTIONS FROM THE BOARD? UH, WHAT IS, UM, [01:10:01] IN THE BACK, WHAT'S THE NEIGHBOR BEHIND THIS PROPERTY? RIGHT, IMMEDIATELY ON THE BACK? YES. IS THE CEMETERY SMALL. OKAY. CALGARY. OKAY. THANK YOU. ANYONE ELSE ON THE BOARD? ANYONE IN THE AUDIENCE? ANYONE ON ZOOM? NOPE. OKAY. THANK YOU. WE'LL TAKE IT INTO CONSIDERATION. ALL RIGHT. AND OUR NEXT ITEM IS CASE 24 12 5 29 CENTRAL PARK AVENUE, LLC. WE ALL SET? YES, SIR. THANK YOU VERY MUCH. WE'LL, WE'LL TAKE IT UNDER. THANK YOU VERY MUCH CONSIDERATION. THANK YOU. APPRECIATE IT. THANK YOU. GOOD, GOOD EVENING, ACTING CHAIRPERSON N MEMBERS OF THE BOARD AND, UH, TOWN STAFF. MY NAME IS MATTHEW DUDLEY FROM HARRIS BEACH, PLLC, UH, ATTORNEYS FOR THE APPLICANT 5 29 CENTRAL PARK AVENUE. WITH RESPECT TO THE APPLICATION FOR AREA VARIANCES, WHICH IS BEFORE YOUR BOARD TONIGHT. UM, THERE, THERE'S TWO AREA VARIANCES THAT WE ARE SEEKING. UH, TO GIVE YOU A LITTLE, UH, BACKGROUND. UM, INITIALLY WE SUBMITTED AN APPLICATION FOR PROVIDING LESS THAN THE MINIMUM REQUIRED OFF STREET PARKING SPACES FOR THE SITE. THIS SITE IS, UH, THE SITE OF AN, UH, ESTABLISHED AND OPERATING DAYCARE CENTER THAT IS OPERATING UNDER, UH, THE FLAG OF LIGHTBRIDGE ACADEMY. UH, IT IS, UM, DOING VERY SUCCESSFULLY AND, UM, INITIALLY IT HAD AGREED TO LIMIT ITS, UM, ENROLLMENT OF, OF CHILDREN TO 105 FTE CHILDREN, UM, SO THAT THE, UM, UH, APPLICANT COULD AT THAT TIME, UH, PERFORM AN UPDATED TRAFFIC STUDY AND SITEWIDE PARKING UTILIZATION, UM, STUDY, UH, IN ORDER TO DETERMINE WHETHER IT CAN INCREASE ITS ENROLLMENT, UM, UP TO, UH, THE, THE TOTAL I BELIEVE IS 152 FTE CHILDREN. UM, SO THE FIRST AREA OF VARIANCE REQUESTS, UM, A VARIANCE FROM THE REQUIRED OFF STREET MINIMUM OFF STREET PARKING SPACES. MY, MY PARTNER, DARIUS CHEF ZETA, PRESENTED THAT APPLICATION TO YOUR BOARD A COUPLE MONTHS AGO, UM, AT WHICH TIME THE APPLICATION WAS CLOSED. UH, LAST MONTH THE, THE APPLICATION WAS REOPENED, UH, FOR RECEIPT OF ADDITIONAL INFORMATION. UM, SINCE THEN, WE HAVE SUBMITTED TO YOUR BOARD AND TO THE PLANNING BOARD A REVISED PLAN, UH, THAT IS, UH, BUILT OFF OF AN AS-BUILT SURVEY WITH THE EXISTING CONDITIONS ON THE SITE ON, UH, JULY 31ST, I BELIEVE, UH, THE BUILDING INSPECTOR, BASED ON, UH, THEIR REVIEW OF THE, UH, REVISED PLANS DETERMINED THAT ONE ADDITIONAL, UH, MINOR AREA VARIANCE IS REQUIRED FOR THE SUNSHADE CAN CANOPY THAT OVERHANGS THE, UH, CHILDREN'S PLAYGROUND AREA, UH, ON THE DAYCARE SITE. UM, THE SETBACK REQUIRED FOR THAT, UH, ACCESSORY STRUCTURE IS, I BELIEVE 20 FEET, AND OURS, UH, IS ABOUT 15.05 FEET FROM, UH, THE FRONT YARD SETBACK. SO WE'RE HERE TONIGHT TO ALSO, UM, APPLY FOR THAT SECOND AREA OF VARIANCE. UM, IT, YOU KNOW, THE, THE, THE DAYCARE CENTER BEING FULLY ESTABLISHED AND OPERATIONAL, UH, AND THE, UH, PLAYGROUND BEING ATTENDANT TO AN ACCESSORY TO THAT USE, UH, THE CANOPY DOESN'T CHANGE THE, THE CHARACTER OF THE EXISTING NEIGHBORHOOD. UH, THE, UH, REQUEST FOR AN AREA OF VARIANCE IS FOR ONLY FIVE FEET, UM, UH, FROM THE FRONT YARD, UH, SETBACK. SO IT IS NOT SUBSTANTIAL. UM, THE CANOPY DRIPS, UH, THE RAIN THAT FALLS UPON THE CANOPY DRIPS INTO, AND, AND I HAVE MY, MY ENGINEER HERE FROM COLLIER'S ENGINEERING, JESSE COAKLEY, AND HE CAN EXPLAIN THIS, UH, MORE, BUT AS I UNDERSTAND IT, THE, THE RAINFALL THAT FALLS ON THE CANOPY DRIPS INTO THE, UH, BOUNDS OF THE PLAYGROUND ITSELF, WHICH HAS A PERVIOUS SURFACE AND A DRAINAGE SYSTEM CONNECTED TO, UH, THE ENTIRE DRAINAGE SYSTEM FOR THE FACILITY. SO, SO THAT IT DOESN'T INCREASE THE AMOUNT OF WATER FLOW THAT THAT WATER COMES INTO THE SURFACE OF THE PLAYGROUND AND, AND DRAINS WITH, WITH THE OTHER LEADERS TO THE BUILDING AND, AND OTHER, UH, INLETS FOR, FOR STORM WATER, UH, DRAINAGE. [01:15:02] IF YOU HAVE ANY QUESTIONS FOR ME, I'D BE HAPPY TO ANSWER THEM. OTHERWISE, I HAVE JESSE COLEY HERE THAT CAN EXPLAIN IN MORE DETAIL, UM, SOME ASPECTS OF, OF THE PROPOSAL. AND ALSO, UM, WE HAVE TODAY WE FILED A, A LETTER. JESSE FILED A LETTER IN RESPONSE TO, UM, THE NEIGHBOR'S COMMENTS AND HIS ENGINEER'S COMMENTS, AND HE CAN WALK THROUGH OUR RESPONSE TO THOSE COMMENTS IF YOU HAD NOT, HAD NOT HAD A CHANCE TO REVIEW THOSE, UH, THAT RESPONSIVE LETTER YET. DOES ANYONE HAVE ANY QUESTIONS AT THE MOMENT? NO. ANYONE FROM ON ZOOM OR IN THE PUBLIC WANNA COME UP AND SPEAK? SO THE, THE COMMENTS, UM, THE ANSWERS TO THE, UH, COMMENTS THAT WERE RAISED? SURE. I'LL HAVE JESSE WALK THROUGH THAT. OKAY. GOOD EVENING. JESSE COLEY WITH COLLIER'S ENGINEERING AND DESIGN INTO THE MICROPHONE, PLEASE. YEAH, SO WE SUBMITTED THE LETTER TODAY, UM, IN RESPONSE TO THE COMMENTS RECEIVED AUGUST 7TH, UM, OR A LETTER DATED AUGUST 7TH, AND THEN HANDED TO US AG UH, AN UPDATED LETTER THAT WAS HANDED TO US AT THE PLANNING BOARD MEETING, UH, LAST WEEK. SO THE FIRST ANS THE FIRST COMMENT, UM, DO YOU WANT ME TO READ THE COMMENT TOO, OR JUST KIND OF GO OVER IT? OKAY. SO THE FIRST COMMENT WAS FROM THE AUGUST 7TH LETTER, THE REVISED PLAN BASED ON THE, AS BILL SHOWS, THE WALL ENCROACH ENCROACHES ONTO THE PROPERTY OF MY CLIENT. SO THIS IS THE LETTER FROM GABRIELLE, UH, SANOR C UH, FROM MY CLIENT, GRAY ROCK ASSOCIATES, AT BOTH THE NORTHERLY AND SOUTHERLY CORNERS. I WAS INFORMED BY THE SURVEY THAT DIMENSIONS ARE FROM THE MIDPOINT OF THE WALL. EACH BLOCK IS INSTALLED. EACH BLOCK INSTALLED IS ONE INCH OFFSET FROM THE PREVIOUS BLOCK. THEREFORE, THE BASE OF THE WALL IS ACTUALLY ENCROACHING MORE THAN THE DIMENSION SHOWN. THE WALL SHOULD BE REMOVED FROM THE PROPERTY IMMEDIATELY, WHETHER OR NOT THE RETAINING. SO THE RESPONSE IS WHETHER OR NOT THE RETAINING WALL ENCROACHES UPON THE NEIGHBOR'S PROPERTY IS NOT AN ISSUE FOR THE PLANNING BOARD TO CONSIDER WITH REGARDS TO THE APPLICATION FOR AMENDED SITE PLAN AND SPECIAL PERMIT APPROVAL, NOR IS IT A CONSIDERATION FOR THE ZONING BOARD OF APPEALS TO CONSIDER FOR THE APPLICATION FOR AMENDED AREA VARIANCE FOR PROVIDING LESS THAN THE MINIMUM REQUIRED OFF STREET PARKING SPACES OR A VARIANCE FROM THE REQUIRED FRONT YARD SETBACK FOR THE ACCESSORY CANOPY THAT OVERHANDS THE PLAYGROUND. THE SECOND COMMENT, THE PROPOSED BOLLARDS TO BE INSTALLED DIRECTLY BEHIND THE WALL IN ORDER TO PROVIDE PROPER BACKUP SPACE OF 24 FEET. THE SPACES HAVE BEEN REDUCED TO ONLY 17 FEET FROM 18 FEET IN THE AREA PROPOSED AS COMPACT CARS PARKING. OUR RESPONSE WAS THAT THE TOWN OF GREENBURG BUILDING INSPECTOR INDICATED STRIPING COULD BE AS LITTLE AS 16 FEET AS THAT WOULD MEET THE MINIMUM REQUIREMENT FOR COMPACT CARS AS DEFINED IN THE TOWN ORDINANCE. 17 FEET IS PROPOSED TO ACCOUNT FOR THE COMPACT CAR PARKING SIGNS THAT ARE GONNA BE INSTALLED IN EACH SPACE THERE. COMMENT NUMBER THREE. AS PER NEW YORK STATE BUILDING CODE SECTION 1607 0.7, VEHICLE BARRIER SYSTEMS, VEHICLE BARRIER SYSTEMS FOR PASSENGER VEHICLES SHALL BE DESIGNED TO RESIST A SINGLE LOAD OF 6,000 POUNDS APPLIED HORIZONTALLY IN ANY DIRECTION TO THE BARRIER SYSTEM. THE SITE ENGINEER MUST HAVE TESTED AT THE BARRIERS DESIGNED TO WITH WITHSTAND THIS KIND OF FORCE IN ACCORDANCE WITH THE CODE. OUR RESPONSE, THE BOLLARD PROPOSED IN THESE LOCATIONS IS THE SAME BOLLARD THAT WAS APPROVED FOR VEHICLE PROTECTION AT THE NORTH END OF THE LOT. UM, I DID INCLUDE THE DETAIL OF THE BOLLARD AGAIN IN THIS LETTER JUST FOR EVERYONE'S, UM, FOR A VISUAL, BUT TO DESCRIBE, IT'S A SIX INCH DIAMETER ROUND STEEL PIPE FILLED WITH CONCRETE PAINTED YELLOW. IT'S FOUR FEET IN HEIGHT WITH A FOUR FOOT DEEP FOOTING ENCASED IN CONCRETE. THE RETAINING WALL MANUFACTURER DOES NOT SPECIFY A MINIMUM DISTANCE FOR GUARDRAILS, HANDRAILS, AND FENCE POSTS TO BE INSTALLED, AND INSTEAD SAYS GUIDERAILS CAN BE EASILY PLACED ALONG THE TOP OF A MESA WALL. THAT WAS THE PRODUCT INSTALLED ACCORDING TO THE STANDARD INSTALLATION PROCEDURES, THE INSTALLATION AND SPECIAL CONSIDERATIONS MANUAL FOR MESA. AGAIN, THE RETAINING WALL, RETAINING WALL SYSTEM INCLUDES DETAILS SHOWING THESE BARRIERS INSTALLED RELATIVELY CLOSE, AND IN SOME CASES INCORPORATED INTO THE DESIGN WITH THE CONCRETE FOOTING FOR ADDITIONAL CONSIDERATION. ANOTHER MANUFACTURER OF MODULAR WALLS VERSA LOCK INDICATES THAT BARRIERS SHOULD BE PLACED SEVERAL FEET BEHIND WALL FACES TO PROVIDE POST FOUNDATIONS. BOTH MANUFACTURERS INDICATE THAT POSTS MAY PENETRATE THE GEOGRID. THIS FURTHER CONFIRMS THAT THIS IS INDUSTRY [01:20:01] STANDARD AND AS CAN BE SEEN, THE MEASUREMENTS ARE TAKEN FROM THE FACE OF THE WALL, NOT THE BACK OF THE WALL. OUR PROFESSIONAL OPINION IS THAT THE GUIDE RAIL AND BOLLARDS WITH CONCRETE FOOTINGS ARE ADEQUATELY PACE PLACED AT A DISTANCE OF THREE FEET FROM THE FACE OF THE WALL. COMMENT NUMBER FOUR, BACKUP DIMENSIONS ARE NORMALLY MEASURED PERPENDICULAR TO THE LINE OF THE CURB. THESE DIMENSIONS ARE NOT MEASURED IN THIS FASHION. ON THE PLAN THAT WAS SUBMITTED WE'RE SIMPLY MEASURING TO THE NEAREST BOLLARD FROM EACH SPACE. UM, SOME ARE DIRECTLY PERPENDICULAR. IN SOME CASES THE BOLLARD IS NOT DIRECTLY BEHIND A STRIPING. UH, THEY'RE SPACED FIVE FEET APART, UM, AS IS TYPICAL, WHICH IS, UH, NARROW ENOUGH THAT A CAR COULD NOT FIT BETWEEN THE COMMENT. NUMBER FIVE. PREVIOUSLY, A MEMBER OF THE BOARD HAD ASKED, SO THIS WOULD BE, THE PLANNING BOARD HAD ASKED IF ANYONE HAD ACTUALLY BREACHED THE WALL IN THE LAST TWO YEARS. UH, THIS IS STILL THE COMMENT, OUR RESPONSE THAT THE BLOCKS WERE DISLODGED, BUT WE DID NOT HAVE ANY INFORMATION AS TO WHO OR HOW THEY WERE DISLODGED. AGAIN, THIS IS FROM THE AUGUST 7TH LETTER. OVER THE PAST WEEKEND, A DRIVER BREACHED THE WALL. WE HAVE A VIDEO OF DRIVER BACKING UP OVER THE WALL AND GETTING STUCK HALFWAY. THE VIDEO WAS ATTACHED. IF THIS WAS HIGHER UP ON THE WALL, IT WOULD'VE POSSIBLY BEEN A LIFE-THREATENING SITUATION. ENCLOSED ARE SEVERAL STILL PICTURES OF THE AFTERMATH. THIS DEBRIS IS STILL ON THE GRAY ROCK ASSOCIATES PROPERTY WALLS OF THIS TYPE HAVE NO RESISTANCE TO LATERAL FORCES, AND WE DO NOT BELIEVE THE PROPOSED BOLLARDS NOR THE EXISTING BOLLARDS MEET STATE BUILDING CODE. THE CAR HAD TO BE LIFTED UP OFF THE WALL BY A TOW TRUCK. OUR RESPONSE WAS THE APPLICANT PROPOSES TO EXTEND THE BOLLARDS THE FULL LENGTH OF THE WALL. WHILE THEY'RE ONLY REQUIRED WHEN THE ELEVATION DISTANCE IS 30, GREATER THAN 30 INCHES, WE WILL EXTEND THEM TO THE END OF THE WALL. UM, AND SO THAT WILL BE ADDED TO THE PLAN THAT WAS SUBMITTED. UM, BUT A SNIPPET OF WHAT THAT LOOKS LIKE IS INCLUDED IN THE LETTER AS WELL. IT WOULD REALLY REQUIRE TWO ADDITIONAL BOLLARD SPACED FIVE FEET APART. HOW MANY MORE OF THESE ARE THERE? UH, THREE, THREE SHORT ONES. OKAY. UM, THE FOLLOWING ADDITIONAL COMMENTS RECEIVED VIA EMAIL ON AUGUST 8TH, COMMON ONE. SENIOR LETTER DATED, UH, SENIOR'S LETTER DATED 6 19 24. THE LETTER INDICATES THAT THE MANUFACTURER REQUIRES GUARDRAIL TO BE PLACED THREE FEET FROM UPHILL OF WALL. THIS WAS NEVER ANSWERED BY THE APPLICANT. I DID MENTION IT TO THEM YESTERDAY. MY RESPONSE TO ASSISTANT GUIDE RAIL POSTS AND PROPOSED BALLARDS ARE PLACED THREE FEET FROM THE FACE OF THE WALL. PER MY RESPONSE EARLIER IN FURTHERANCE, GEOGRID WAS INSTALLED BEHIND THE ENTIRETY WALL AS PER THE MANUFACTURER'S RECOMMENDATIONS. UH, COMMENT NUMBER TWO, A LITTLE BIT OF A REPEAT. WHY DOES THE BOLLARD NOT EXTEND THE FULL LENGTH OF THE DRIVEWAY SECTION WHERE IT WAS HIT BY THE CAR PREVIOUSLY MENTIONED? OUR RESPONSE BOLLARDS AND THE OR GUIDE RAIL ONLY REQUIRED WHERE THE HULL EXCEED, WHERE THE WALL HEIGHT EXCEEDS 30 INCHES. HOWEVER, WE ARE PROPOSING TO EXTEND THAT THE FULL LENGTH OF THE WALL. UM, AND THEN THE COMMENT, UH, NUMBER THREE, TALKS ABOUT THE FRONT OF THE PLAYGROUND CANOPY IS DRAINING DIRECTLY BEHIND THE PLAYGROUND WALL. SENIOR INDICATED THIS IS NOT GOOD AS IT WILL DAMAGE THE FOUNDATION OF THE WALL, UM, AS MATT MENTIONED EARLIER, BUT THE PLAYGROUND IS A POROUS SURFACE WHERE THE RAIN, UH, CAN PERMEATE THROUGH THAT. THERE'S A STONE FILTERING SYSTEM UNDERNEATH WITH AN UNDER DRAIN THAT THEN CONNECTS TO A HARD DRAIN THAT GOES OUT THE CANOPY. WHICH PICTURES HAVE BEEN ATTACHED TO THE LETTER AS WELL THAT YOU RECEIVED? SHOWS ITS ENTIRELY WITHIN THE PLAYGROUND AREA. THE RAIN WOULD JUST RUN OFF IT. IT'S, YOU KNOW, A CLOTH TYPE OF CANOPY. YOU KNOW, A MATERIAL. IT'S NOT LIKE A HARD, UM, YOU KNOW, UH, METAL CANOPY OR ANYTHING WOULD DRIP RIGHT OFF ONTO THAT PERVIS PERVIOUS SURFACE AND, AND INTO THE FILTER SYSTEM, AND THEN CONNECT THROUGH THE REST OF, AND THAT WAS PREVIOUSLY APPROVED. UM, THAT'S IT. THANK YOU. I JUST WANTED TO ADD, UM, AN ADDRESS. UM, YOU KNOW, I'M AWARE THAT AFTER THE ZONING BOARD REOPENED THE PUBLIC HEARING, UH, LAST MONTH, UH, THERE WAS A CORRESPONDENCE FROM MR. DADO AND MR. CSOR THAT WAS ACCEPTED, THAT HAD PREVIOUSLY BEEN PROVIDED AFTER THE CLOSE OF THE PUBLIC HEARING TWO MONTHS AGO. UH, AND I JUST WANNA BRIEFLY REFER TO, TO THAT, UM, AND RESPOND TO IT JUST BRIEFLY. SO THAT WAS IN REFERENCE TO A JULY 1ST, 2024 LETTER, UH, FROM MR. DMO TO THE PLANNING BOARD, WHICH HE IN TURN FORWARDED TO THE ZONING BOARD, UH, AFTER THE PUB PUBLIC HEARING HAD CLOSED FOR THE, UH, ONE AREA VARIANCE AT THE TIME. UH, I WON'T READ THE ENTIRE LETTER, BUT THE BULK OF IT ADDRESSES, UM, SOMETHING THAT HAS BECOME A MOOT POINT NOW THAT WE ARE PROPOSING. UM, WELL, LET ME SPOT THE ISSUE FIRST. UH, HE, HE BROUGHT UP THE FACT THAT THE GUIDE RAIL THAT IS CURRENTLY INSTALLED ON THE PROPERTY STOPS ABOUT, UH, A HALFWAY IN THE PARKING LOT. SINCE THEN, WE HAVE REVISED OUR PLANS TO PLACE THOSE BOLLARDS AS A PROTECTION OF DEVICE ALONG THE REMAINING AREA ON, ON THE PARKING LOT THAT RUNS [01:25:01] PARALLEL TO THE RETAINING WALL, AS WELL AS, AS JESSE EXPLAINED, UH, DOWN THE LENGTH OF THE RETAINING WALL, UH, FOR THE DRIVEWAY. BUT YOU'RE NOT EXTENDING THE GUIDE RAIL? NO. WE'VE CHOSEN TO USE, UH, AND, AND IN DISCUSSION WITH THE PLANNING BOARD AND, UH, TOWN STAFF, WE DECIDED TO USE, UH, A BOLLARD SYSTEM RATHER THAN A GUIDE RAIL. OKAY. IS THERE ANY OTHER QUESTIONS FROM THE BOARD? ANY OTHER FROM THE AUDIENCE OR ON ZOOM? OKAY. THANK YOU. THANK YOU VERY MUCH. WE'LL TAKE UNDER CONSIDERATION. UM, OKAY, THE NEXT CASE, 24 13 IS ACTUALLY CLOSED FOR DECISION ONLY. SO I'M GONNA SKIP THAT ONE. AND THEN WE'RE ON TO OUR NEW CASES FOR THE EVENING, 24 17. WILLIAM S THIS IS, UM, SPRING ROAD, RIGHT? YES. ALL RIGHT. YEAH. UH, GOOD. OH, HEY, GOOD EVENING. ELLIOT SNAR HERE FOR THE APPLICANT. UH, MR. RA IS ALSO HERE IN THE AUDIENCE. UM, DURING, UH, COVID, MR. RA HAD BUILT A ESSENTIALLY ABOVE GROUND SWIMMING POOL, ALTHOUGH IT'S SORT OF BUILT INTO THE HILLSIDE. UH, AND IT TURNED OUT THAT THAT IS ABOUT A LITTLE MORE THAN A FOOT TWO CLOSE TO THE PROPERTY LINE. UH, HENCE THE REQUIREMENT FOR THE, UH, UM, FOR THE VARIANCE. I THINK WE'RE AT 13, UH, AND CHANGE WHERE 15 IS REQUIRED. UM, SO WE'RE HERE TO GET LEGALIZED THIS ABOVE GROUND POOL. UH, THAT'S ABOUT 12, 12% VARIANCE, 15 TO 13 EIGHT QUESTIONS. UM, I HAVE A BUNCH OF QUESTIONS. OH, BOY. UM, MY UNDERSTANDING IS THERE WERE NO PERMITS FOR THE WORK THAT WAS DONE, CORRECT? IT WAS DONE DURING COVID? YES. THAT'S, THAT'S CORRECT. ABSOLUTELY. I I DIDN'T ASK WHEN IT WAS DONE. I ASKED ABSOLUTELY. WERE THERE PERMITS? ABSOLUTELY NO PERMITS. THERE WERE NO PERMITS DONE. SECOND QUESTION IS, UH, PART OF THE AREA THAT WAS BULLDOZED WAS, UM, AND PAVED WAS A WETLANDS. UH, NO. THERE, THERE'S NO, UH, WE DID NOT PAVE ANY WETLANDS. THERE IS A WETLANDS ON THE SITE, UM, AND WE ARE WITHIN A HUNDRED FOOT, UH, BUFFER. UH, AND WE HAVE, BUT WE DID NOT DISTURB ANY OF THE WETLANDS ITSELF. AND, UM, AND WE ARE, UH, AUGMENTING SOME WETLANDS, UH, PLANTINGS. UH, AND, UM, WITH ALL THIS WORK THAT WAS DONE WITH THE IMPORTING OF, UH, FILL AND, UM, THE, UH, WORK BEING DONE ON STEEP SLOPES, VERY STEEP SLOPES AND EXCESSIVELY STEEP SLOPES, UH, WE'VE BEEN TO THE PLANNING BOARD AND TO THE, I BELIEVE THE, THE, UH, THE OTHER BOARD, UH, THE CAC BOARD, UM, AND THEY HAVE REVIEWED IT. UH, IT BUILT WELL, IT WAS BUILT AFTER IT WAS BUILT, YES. YEAH. NOBODY REVIEWED IT BEFORE IT WAS BUILT. CORRECT. IT WAS JUST A PERSONAL DECISION TO JUST NOT COMPLY WITH ANY PERMITTING LAWS OR ANYTHING ELSE IN THE TOWN OF GREENBURG? UM, YEAH, I WASN'T PART, WE, I WASN'T PART OF THE APPLICA, YOU KNOW, THE, THE CONSTRUCTION OF IT AT THE TIME. SO I DON'T KNOW. MR. CIGAR IS HERE. HE CAN, HE CAN SPEAK TO THAT IF YOU'D LIKE HIM TO. BUT, UH, DURING COVID, HE WANTED, UH, HE WANTED TO GIVE HIS, UH, HIS CHILDREN HIMSELF A PLACE TO, TO BE DURING THAT TIME. AND THAT'S WHAT HE DID. THIS, THIS TO ME. BUT THERE IS NO PERMIT THAT HE DID NOT ASK. HE DID NOT ASK FOR A PERMANENT TIME. THIS TO ME SOUNDS, YOU KNOW, YOU'LL FORGIVE ME, BUT THIS REMINDS ME OF THE OLD STORY OF THE MAN WHO KILLED BOTH HIS PARENTS AND THEN ASKED FOR THE SYMPATHY OF THE COURT BECAUSE IT WAS AN ORPHAN. UH, UM, THIS WAS BUILT WITHOUT EVER ASKING ANYONE ABOUT WHETHER IT COULD BE DONE. AND NOW WE'RE BEING TOLD, LEGALIZE IT. MM-HMM. . AND I MUST SAY, I HAVE A GREAT DEAL OF PROBLEMS WITH THAT. I RESPECT THAT. ANYONE ELSE? NO COMMENT. DOES THE POOL HAVE A FENCE? IS IT ENCLOSED? UM, YES. YES. SORRY, [01:30:01] . UH, DOES ANYONE IN THE AUDIENCE WISH TO SPEAK ANYONE ON ZOOM? SO, I DO KNOW TWO, TWO THINGS. SO ONE IS THAT, UM, I THINK YOU HAVE TO JUST COME UP TO THE, SORRY, , WHILE SHE'S COMING UP. I WANNA, I JUST ASK ONE THING THAT THIS UNPERMITTED DEVELOPMENT THAT WAS DONE, UM, AS WHAT'S BEEN DONE TO MITIGATE FLOODING IN THE AREA. 'CAUSE AS I LOOK AT THE SITE, IT'S, THERE'S A, IT HAS ALL THESE STEEP SLOPES. WE LIVE IN A TIME OF INCREASED FLOODING GOING ON EVERYWHERE. SO WHAT HAS BEEN DONE TO MITIGATE THE IMPACTS UP TILL NOW ON THE SEWERS, ON THE STREETS, ON THE ROADWAYS, THE FREEZE FLAW ON THE ROADWAYS, UM, UH, TO THE HIGHWAY. I, SINCE THERE WERE NO PERMITS, WE HAVE NO IDEA WHAT DESIGN WAS DONE. AND IF ANY CARE WAS TAKEN IN MANAGING THE IMPACT OF DISTURBING THESE EXTREMELY STEEP SLOPES. UM, YES. WELL, THE PLAN THAT, UH, IS BEFORE YOU DOES SHOW, UM, SOME DRAINAGE SYSTEMS THAT WILL BE INSTALLED AFTER, UM, UH, DURING THE CONSTRUCTION OR AFTER THE APPROVAL FROM THE PLANNING BOARD AND THE VARIOUS BOARDS. UH, WE, WE ARE SHOWING SIX CULT TECHS IN THE BACK, UH, THAT IS, UH, ATTACHED TO ALL THE IMPERVIOUS SURFACES. UH, THIS PROPERTY IS, UH, PROBABLY A GOOD, UH, 30 FEET LOWER THAN SPRAIN VALLEY ROAD. AND, UH, THERE'S ABOUT A HUNDRED FEET, 120 FEET TO THE REAR PROPERTY LINE, UH, AS WELL. AND THEN THE SPRAIN PARKWAY, I THINK IS BEYOND THAT. SO THESE WERE ALL AFTER THE FACT MITIGATION MEASURES THAT WERE NEVER DONE IF, AND WOULD'VE BEEN HAD TO HAVE DONE HAD THEY PROBABLY GOTTEN PERMITS TO BEGIN WITH? YES. WHEN, WHEN WAS THE, UM, HOME PURCHASE? WHEN WAS THE HOME PURCHASE? UM, 2017. 2017. ABOUT 2017. WAS THIS THE FIRST TIME HOME BUYER? UH, IF YOU'D LIKE TO COME, YES. MR. RA, THE PROPERTY OWNER? YES. I CAN COME TO THE MIC. MICROPHONE, PLEASE. UH, WILLIAMS FROM 39TH STREET, VALLEY ROAD. WAS THIS YOUR FIRST TIME PURCHASING A HOME? YES, MA'AM. WHERE DID YOU FROM? YES, MA'AM. WHERE, WHERE DID YOU DO IT LIVE BEFORE, UH, IN THE CITY, IN THE BRONX? WERE YOU AWARE THAT YOU NEEDED TO DO PERMITS? I ACTUALLY HIRED A CONTRACTOR. HE BROUGHT ME SOME PAPERS. I THOUGHT THEY WERE LEGIT, UM, DURING PANDEMIC, HE DIDN'T DO THAT. I, I TOOK MY, MY MYSELF, I TOOK THE RISK OF DOING THAT. I APOLOGIZE. I'M JUST FOR LOOKING FOR HELP. WHATEVER I COULD DO TO FIX IT, I WILL FIX IT. BUT THE POOL SITUATION, I WAS STUCK IN THE HOUSE WITH MY KIDS AND I KIND OF KNEW, YOU KNOW? DID YOU MAKE ANY ATTEMPTS TO TRY TO BECOME INFORMED BUT COULDN'T GET THE INFORMATION DUE TO THE PANDEMIC? WAS THERE LANGUAGE BARRIER? IT WASN'T A LANGUAGE BARRIER. IT WAS MORE THAN IT WAS. EVERYTHING WAS CLOSED, SO I, I BASICALLY, I HAD MY, MY HANDS TIED UP, YOU KNOW, BUT I WANNA DO ANYTHING TO FIX IT. OKAY. THANK YOU. I'M SORRY. MM-HMM? . OKAY. DIFFERENT . GOOD EVENING. AMANDA MCGON, FIRST DEPUTY 10 ATTORNEY AND, UM, IN YOUR PLACE TONIGHT. AND, UH, ED LIEBERMAN. SO MY TWO POINTS WERE, UM, I BELIEVE THAT THE WETLANDS MITIGATION PLAN HAD GONE TO THE CAC. UM, IT WAS APPROVED BY THEM. I DON'T KNOW IF A CONSERVATION EASEMENT WAS PROPOSED AS WELL, BUT YOU CAN CORRECT ME IF I'M WRONG. AND THEN THE OTHER THING IS THAT THE, UH, FILL WILL NEED TO BE LEGALIZED WITH THE TOWN ENGINEER'S OFFICE. THANK YOU. CAN I, CAN I ASK YOU, UM, HAS ANYONE ISSUED ANY VIOLATIONS FOR THE FACT THAT THIS WAS DONE WITHOUT PERMITS? I BELIEVE MS. GARY WILL SPEAK TO THAT. THE BUILDING DEPARTMENT ISSUED A STOP WORK ORDER IN 2021 FOR THE WORK THAT WAS BEING DONE WITHOUT A PERMIT. THEY'RE CURRENTLY, UM, IN TOWN COURT ADJUDICATING A SUMMONS. AND I JUST HAVE A QUESTION. SURE. ON THE, UM, THE, UH, MEMORANDUM FROM, UH, FRANK MORDO? YES. IT SAYS ON THE BOTTOM, BASED ON THE SUBMISSION OF DETERMINATION, WHETHER ADDITIONAL VARIANCES ARE REQUIRED, CANNOT BE MADE UNTIL THE FOLLOWING ARE PROVIDED. WAS THAT ALL PROVIDED? THE GAZEBO HEIGHT WAS ONE, UM, THAT, UM, MR. SOOR WAS ABLE TO PROVIDE, THIS IS THE UPDATED PLAN SO THAT IT HAS BEEN TAKEN CARE OF. SO THERE ARE NO OTHER VARIANCES? [01:35:01] NO. OKAY. AND BESIDES THE FACT THAT THEY DIDN'T GET A PERMIT, DOES OTHERWISE, AND BESIDES THIS 1.9 FOOT VARIANCES OTHERWISE PERMITTED, YES, THEY MEET THE IMPERVIOUS SURFACE COVERAGE. EVERYTHING. OKAY. THANK YOU. SO THE APPLICANT NOW UNDERSTANDS WHY PERMITS ARE NEEDED? I THINK SO. , MOST DEFINITELY, BECAUSE A 1.5 YES FOOT DIFFERENCE IS COSTING YOU WHAT, LIKE $7,500 IN FEES AND A LOT OF HEADACHES TOO. HMM. OTHER HEADACHES. A LOT OF HEADACHES TOO. AND A LOT OF HEADACHES TOO. , YOU HAVE A LOT OF MONEY COMPARED TO THE PROJECT COST? MM-HMM, . OKAY. ALRIGHT. SO I SAID IT BEFORE. UM, WHY DOES THIS SOUND FAMILIAR? HAVE YOU EVER BEEN IN FRONT OF THE BOARD BEFORE? MY NAME? Y YES. MY NAME? NO. NO. HAVE YOU EVER BEEN IN FRONT OF THIS BOARD BEFORE? UM, WE, WE CAME, BUT UM, IT WAS FOR LAN AND THEN WE CAME TO THIS BOARD AND THIS IS LIKE THE SECOND TIME BECAUSE WE HAD TO WAIT FOR LAN TO APPROVE IT AND THEY APPROVED IT. SO, AND NOW WE CAME HERE AGAIN. SO WE HAVE BEEN HERE, UH, BEFORE, AND THEN IT WAS REFERRED TO THE, THE, UH, CAC BOARD FOR THEIR APPROVALS. AND NOW WE'RE BACK HERE. THEY HAD TO APPROVE IT FIRST IN ORDER FOR US TO COME TO YOU. OKAY. SO I'M, I'M NOT GETTING OLD AND CRAZY YET. WHAT DID, WHAT, WHAT WAS THE ISSUE BEFORE THE WETLANDS BOARD? I'M SORRY? WHAT WAS THE ISSUE BEFORE THE WETLANDS? YOU SAID THERE WAS A WETLANDS ISSUE. WHAT WAS THE WETLANDS ISSUE? THE CBC, THEY, WE HAVE TO, I HAVE TO DO THE SAME. I HAVE TO PRESENT THE NEW PLANS, THE NEW BLUEPRINTS. MOST PLANS GO BEFORE THE CAC BOARD. UH, AND, AND THEY ASKED US TO, UH, SO DURING THE DISCUSSION WITH THEM, THEY ASKED US TO PROVIDE AN ENHANCEMENT TO THE, UH, WHAT LANDS PLANTINGS, WHICH WE DID. THAT WAS THEIR RECOMMENDATION, JUST PROCESS WISE, MAYBE A LITTLE BIT HELPFUL WITH THE PLANNING BOARD. THEY NEED STEEP SLOPE PERMIT AS WELL AS, UM, WETLAND WATERCOURSE PERMIT. AND IN CONNECTION WITH THAT WETLAND WATERCOURSE PERMIT, THEY APPEARED BEFORE THE C-A-C-I-I, I DON'T BELIEVE THEY WERE BEFORE THE ZBA. UM, SO I THINK, YOU KNOW, THERE WAS, THEY WERE BOUNCING AROUND WITH A COUPLE DIFFERENT BOARDS. UM, BUT LANDING HERE FOR THE FIRST TIME, I BELIEVE, OH, I THINK MY, MY COLLEAGUE, UH, STEVE ANDERSON HAD ENDED THE PREVIOUS APPLICATION, YOU KNOW, UH, BOARDS. I, I, OH, HE'S ON VACATION, SO I'M HERE. OKAY. OKAY. ANYTHING ELSE? THANK YOU. YES, HAVE A GOOD NIGHT AND THANK YOU. THANK YOU FOR YOUR TIME. UH, THE NEXT CASE ON TONIGHT'S AGENDA IS 24 18. ANN MARIE ELL, 38 OAK STREET. ELL. ELL, ELL. GOOD EVENING BOARD. MY NAME IS ISHA YUEL AND I'M REPRESENTING MY MOTHER, ANNMARIE ELL FOR 38 OAK STREET. UM, CAN YOU GUYS HEAR ME? YES. OKAY. WE ARE REQUESTING AN AREA VARIANCE, UM, OF A 0.83. SO LESS THAN A FOOT INCREASE OVER A TWO CAR GARAGE. UM, THE CURRENT ORDINANCE PERMITS 12 FEET. 12 FEET, AND WE, UM, ARE REQUESTING 0.83 HIGHER. UM, JUST TO GIVE YOU SOME CONTEXT, UH, UM, IF YOU CAN SHOW THE PICTURE WITH THE FLOODING, PLEASE START WITH PHOTOS. ABSOLUTELY. UM, I, I CAN SAMPLE THROUGH THEM WHILE YOU'RE, WHILE YOU'RE PULLING THAT UP, I JUST WANNA CLARIFY, IN YOUR APPLICATION IN ONE PLACE, YOU SAY IT'S ACTUALLY LESS THAN AN INCH. I JUST WANT TO CONFIRM. IT'S LESS THAN A FOOT. A FOOT. FOOT, NOT LESS THAN AN INCH. YES. OKAY. YES, MA'AM. JUST FOR THE RECORD, YES, WE'LL HAVE THAT IN A MOMENT. OKAY, NO WORRIES. UM, THANK YOU. SO I, I DO WANNA APOLOGIZE FOR ANY INCONVENIENCES HAS CAUSED THE BOARD. UM, WE WERE UNAWARE OF THE HEIGHT REQUIREMENTS, UM, AND WE CANNOT THINK OF A MORE FEASIBLE MEASURE. UM, IT WOULD BE COST PROHIBITIVE TO, UM, TRY AND MAKE ANY CHANGES. UM, DUE TO THE LACK OF FLOOD CONTROL ON MANHATTAN AVENUE, UM, THERE WAS EXTENSIVE, UH, WATER DAMAGE, UM, TO THE GARAGE AND IT WAS IN GREAT DISREPAIR. UM, SO WE WERE ATTEMPTING TO REDO THE SIDING. UM, AS YOU CAN SEE IN THE PHOTO, THE FLOODING IS JUST REALLY, REALLY BAD. UM, SO WE WERE RE ATTEMPTING TO REDO THE SIDING. UM, AND THEN THE CONTRACTOR NOTICED THAT, UM, THERE WERE TERMITES. THE WATER DAMAGE WAS TOO EXTENSIVE. UM, AND [01:40:01] THEN THERE WERE STRUCTURAL ISSUES AS A, AS A RESULT OF, UM, THE WATER DAMAGE AND THE TERMITES. UM, AND SO WE WERE THEN TOLD BY THE CONTRACTOR THAT WE HAD TO, UM, RE REDO THE WHOLE STRUCTURE. UM, THERE IS NO CHANGE TO THE CHARACTER OF THE NEIGHBORHOOD. UM, THE PREVIOUS STRUCTURE WAS BUILT 65 YEARS AGO. UM, AND UN UNFORTUNATELY, UM, AT THAT, AT THE TIME WE, WE DID NOT KNOW THAT THERE WAS, UM, A 12 FOOT REQUIREMENT. SO WE ARE REQUESTING THE VARIANCE FOR 12.83. THIS IS A NEW GARAGE? NO. SO IT WOULD, IT'S, UM, REPLACING THE GARAGE THAT WAS THERE. SO THE ONLY DIFFERENCE WITH THE GARAGE THAT WAS THERE BEFORE WAS THAT IT WAS WITHIN THE 12 FEET. AND THIS WOULD BE 12. 12 FEET 0.83. IS IT BUILT? YES. OH, YES. SO IT WOULDN'T BE COST PROHIBITIVE. UM, AT THIS POINT, IF WE DID NOT RECEIVE PERMISSION, WHO MEASURED THAT IT WAS 12 FEET, 10 INCHES INSTEAD OF 12 FEET? UM, I'M, I'M NOT SURE. CAN YOU ANSWER TO THAT? SO THE ARCHITECT, JUST STATE YOUR NAME PLEASE FOR THAT. I'M SORRY. GOODNIGHT. UM, MY NAME IS ANNMARIE YU. UM, THE HOMEOWNER. UM, THE ARCHITECT. THE ARCHITECT. SO WE, WE HAD THE PLANS DONE. SO INITIALLY THE GOAL WAS TO DO THE SIDING. TO CHANGE THE SIDING 'CAUSE IT WAS IN DISPAIR. ONCE WE TOOK IT DOWN, I MEAN, I, I DECIDED TO DO THIS ON MY OWN. ONCE I TOOK THIS, WE TOOK THE SIDING DOWN, WE REALIZED THAT IT WAS JUST OFF ON THE PICTURES. IT WAS JUST TERMITE INFESTED. UM, THE GOAL WAS TO DO IT ON OVER THE WEEKEND. UM, YOU KNOW, I HAD FAMILY MEMBERS HELPING OUT AND IT JUST, THAT DIDN'T KNOW THAT THE HEIGHT REQUIREMENT THERE, IT WAS EVEN A HEIGHT REQUIREMENT OR THAT, YOU KNOW, A PERMIT WAS NEEDED, JUST TOOK IT DOWN AND ORIGINAL GARAGE DOOR, EVERYTHING WAS BASICALLY, YOU KNOW, SOME STUFF WAS REUSED. WHAT WE COULD REUSE WAS NOT AWARE. BOTTOM LINE. SO THE ARCHITECT DESIGNED THE GARAGE. GARAGE. THIS WAS DONE AFTERWARDS. AND AFTER MEASURING IT TO BE 12 FEET, 10 INCHES, HE DECIDED TO BRING IT TO YOUR ATTENTION? NO, NO, NO. I HAD TO GET, UM, UH, UH, THE PLANS. OKAY. OFFICIAL PLANS AFTER THE FACT. YOU, YOU KNOW WHERE I'M GOING WITH THIS, RIGHT? OH, IF I HAD KNOWN IN ADVANCE, RIGHT? YES, SIR. YOU'RE ABSOLUTELY RIGHT. JUST LIKE GENTLEMEN BEFORE, YOU'RE ABSOLUTELY RIGHT. BUT I WAS NOT AWARE THAT YOU NEEDED A PERMIT. OKAY. SO WE'RE JUST REQUESTING AT THIS POINT, UM, THE AREA VARIANCES. THE AREA VARIANCES SO THAT THIS CAN BE LEGALIZED AND WE CAN CONTINUE THE PROJECT. 'CAUSE THE PROJECT IS, UM, STALLED SINCE, YES. OKAY. SO ARE YOU IN THE PROCESS OF BUILDING OR IS IT COMPLETELY BUILT? NO, IT'S NOT COMPLETELY BUILT. NO, IT'S NOT FINISHED. OKAY. SO BASICALLY YOU STARTED BUILDING IT AND THEN THE BUILDING DEPARTMENT FOUND OUT YES. AND PUT A STOP WORK ORDER? CORRECT. BUT YOU HAVEN'T FINISHED THE PROJECT. CORRECT. OKAY. IT'S BEEN, HAVE YOU PUT, I MEAN, HOW COMPLETE IS, THAT'S WHAT YOU SEE NOW. OKAY. OKAY. SO THE ROOF IS BUILT, OKAY. YES, THE ROOF IS BUILT. OKAY, SO THE ROOF IS THERE. THAT'S, THAT'S, THAT'S, THAT'S IT RIGHT THERE AS IS NOW STRAIGHT AHEAD. SO IT'S THE, IT'S THE PITCH AT THE TOP. THAT'S THE PROBLEM. MM-HMM, TODD DID THE PITCH. THAT'S WHAT'S DIFFERENT ABOUT THIS ONE VERSUS THE OLD. DO YOU HAVE NEIGHBORS WHO HAVE COMMENTS ON THIS? NOT THAT I'M AWARE OF. I'VE SPOKEN TO ALL MY NEIGHBORS. THEY DON'T HAVE A PROBLEM WITH IT. OKAY, THANK YOU. IS THERE ANYONE HERE TO SPEAK ON THIS IN THE AUDIENCE OR ON ZOOM? NO. DOES ANYBODY ELSE HAVE ANY QUESTIONS, COMMENTS FROM THE BOARD? THANK YOU FOR YOUR TIME. ALRIGHT, THANK YOU. WE'LL TAKE IT UNDER ADVISEMENT. THANK YOU. HAVE A GOOD NIGHT. UM, OKAY, THE NEXT CASE, 24 19. THE APPLICANT HAS WITHDRAWN ITS APPLICATION, WHICH LEADS US TO THE FINAL MATTER. CASE NUMBER 24 20. BEN BICHO. [01:45:02] NO, I DIDN'T SAY THAT RIGHT. BICHO BICHO, SORRY. 25 WOODS END ROSE HANDOUT. EVERYBODY CAN REFER TO IT DURING MY PHONE. THANK YOU. THANK YOU. GOOD EVENING. UM, MADAM CHAIRMAN, MEMBERS OF THE ZONING BOARD IS KARA JONES, ZBA COORDINATOR WHOSE HELP NAVIGATING THE PROCEDURAL PROCESS WAS SO VITAL. MY NAME IS LAWRENCE BENNETT. I AM THE PRESIDENT OF LAWRENCE ALLEN HOME DESIGN STUDIO. I'VE BEEN RETAINED BY BEN AND GABRIELA, BUT CHACHO TO DESIGN THE RENOVATION OF THEIR HOME AT 25 WOODS ED ROAD. THEIR GOAL WAS TO MAKE THEIR HOME MORE LIVABLE FOR THEIR GROWING FAMILY AND TO CORRECT THE MANY FLOORS THEY REALIZED EXISTED AFTER THEY MOVED IN. EXAMPLES OF WHICH ARE A GARAGE WHICH IS NOT ABLE TO FIT A VEHICLE NEITHER IN LENGTH NOR WIDTH, AND WHICH FLOODS DURING ANY HEAVY RAIN, A DYSFUNCTIONAL KITCHEN BY TODAY'S STANDARDS AND A DINING ROOM, WHICH DOES NOT PROVIDE SEATING FOR THEIR LARGE NUCLEAR FAMILY. FINALLY, ONLY HAVING THREE BEDROOMS FOR A FIVE FROM FAMILY OF FIVE IN HARSDALE. TO BEGIN WITH, IF YOU COULD LOOK AT YOUR EXHIBIT ONE. UH, I DON'T HAVE A BIG ENOUGH TABLE HERE. . UM, THE, THE TOP TWO PHOTOS SHOW THEIR NEXT DOOR NEIGHBOR TO THE NORTH NUMBER 27, WHICH IS ERRONEOUSLY LABELED NUMBER 28. IT'S A, UH, LABELED CORRECTLY OF THE HANDOUT I GAVE YOU AND THE HOME OPPOSING IT. NUMBER 28. IF YOU REFER TO THE HANDOUT I GIVE YOU TO GAVE TO YOU TONIGHT, YOU CAN EASILY SEE THAT ALL THE PROPERTIES NORTH OF THEIR HOME ARE ON LOTS, TWO TO THREE SIZE TIMES THE SIZE OF THEIR LOT, BUT STILL IN AN R 7.5 ZONE. THERE ARE ALSO MUCH LARGER HOMES, TYPICALLY MORE CONTEMPORARY AND SINGLE STORY. IT IS OUR PROMINENT HOME IS IT'S AS IF OUR PROMINENT HOME IS THE GATEWAY TO A WHOLE DIFFERENT NEIGHBORHOOD. THE PHOTOS ON THE BOTTOM SHOW THE TWO HOMES TO THE EAST DIRECTLY OPPOSITE THERE AS BEING A CENTER HALL COLONIAL AND A SPLIT LEVEL TOTALLY IN KE IN KEEPING WITH OUR CENTER HALL. COLONIAL EXHIBIT TWO SHOWS HOUSE NUMBER 27 ARE BACKDOOR NEIGHBOR AS WELL AS THE HOUSE NEXT TO IT. NUMBER 21, BOTH ON THE NORTH SIDE OF WOODS END LANE AND NUMBERS 27 BEING OUR REAR NEIGHBOR OR SIDE YARD NEIGHBOR. THE TWO PHOTOS ON THE BOTTOM ALSO SHOW OUR OPPOSING NEIGHBORS ON THE SOUTH SIDE OF WOODS END LANE. EXHIBIT THREE IS OUR MOST IMPORTANT COMPARISON. THIS HOUSE IS DIRECTLY OPPOSITE OUR HOUSE AND HAS THE SAME CORNER LOT CONFIGURATION AND CONSTRAINTS. THAT IS OUR NEW DRIVEWAY IS DIRECTLY FACING THEIR DRIVEWAY. AND LOOKING AT THE DISTANCE IN HIS REAR YARD, THAT IS TO THE RIGHT OF THE DRIVEWAY THAT YOU SEE, HE ONLY HAS 8.3 FEET, WHERE 26 FEET IS THE REQUIRED REAR YARD SETBACK DUE TO IT BEING A CORNER LOT. SEE EXHIBIT NUMBER FOUR SHOWING AN 8.3 FOOT REAR YARD AS MEASURED WITH THE GIS TOOL. IT'S BETWEEN THE TWO PINK DOTS THAT YOU SEE THERE. I LOST MY PLACE. LOOK AT EXHIBIT NUMBER FIVE. YOU CAN SEE A SIDE, YOU CAN SEE A SIDE BY SIDE COMPARISON IN THE EXACT SAME SITUATION. TWO CORNER LOTS, BOTH FACING WOODS AND ROAD. AND THEREFORE THEIR WESTERN SIDE OF [01:50:01] THE PROPERTY IS CONSIDERED A REAR YARD AND BOTH WITH NON-COMPLIANT SETBACKS. IN GREENBURG, WHEN YOU HAVE A CORNER LOT, THE ELEVATION FA WHERE THE FRONT ENTRY FACING THAT STREET IS CONSIDERED THE FRONT AND THE OPPOSING IS THE REAR YARD. EVEN THOUGH IF YOU LOOK AT THE EXHIBIT AT HOUSES 25 AND 27, THEY ARE OBVIOUSLY SIDE YARDS. UM, TWO CORNER LOTS, BOTH FACING WOODS END, AND THEREFORE THEY'RE WESTERN SIDE OF THE PROPERTY IS CONSIDERED A REAR YARD AND BOTH WITH NON-COMPLIANT SETBACKS. IF YOU LOOK AT THE HANDOUT AT NUMBER TWO, WOODS AND LANE, UH, WHICH IS AT THE BOTTOM OF THE HANDOUT, THE BOTTOM HOUSE OF THE HANDOUT LOOKS LIKE IT'S ON WEST HARSDALE AVENUE. IT IS THE SAME CORNER. EXCUSE ME, I'M SORRY. BEFORE I LOSE CONTROL OF MYSELF, DO WE HAVE THIS HANDOUT? I JUST, I JUST GAVE IT TO YOU. THIS, THIS SIR, THIS. MM-HMM. . I WAS JUST WRITING IT DOWN. COMPARED TO THE PHOTOGRAPHS THAT YOU ARE SHOWING AND THEY'RE REFERRING TO THE PHOTOGRAPHS THAT WE HAVE? YES. WE DON'T HAVE THE PHOTOGRAPHS. HMM? WE DON'T HAVE THE PHOTO, WE DON'T HAVE THE PHOTOS, PHOTOGRAPHS. OH, BECAUSE I'M GOING ALL THE EXHIBITS HE'S TALKING ABOUT, WE DON'T HAVE THE, BECAUSE I'M GOING CRAZY LOOKING AT THESE PHOTOGRAPHS TRYING TO FIGURE OUT, OH, YOU HAVE THE TALKING, YOU, YOU HAVE THESE HOUSES IN THE NEIGHBORHOOD. WE'RE HAVING A TO, YEAH, I'M TRYING TO HELP. DID YOU WANT THE APPLICANT TO STREAMLINE TO THE ACTUAL PROJECT OR HE, THAT WOULD BE HELPFUL. DO YOU NEED MORE CONTEXT? I'M, I'M SORRY, SAY THAT AGAIN. DO WE WANT HIM TO FOCUS ON THE PROJECT ITSELF AS OPPOSED TO THE WHOLE NEIGHBORHOOD? WELL, YEAH, THAT WOULD BE HELPFUL, . OKAY. WELL, I KNOW YOU'RE TRYING TO MAKE COMPARISONS TO WHAT YOU ARE TRYING TO DO VERSUS THE OTHER HOMES IN THE NEIGHBORHOOD. CORRECT. BECAUSE THE WHOLE POINT OF ZONING IS TO MAINTAIN, MAINTAIN THE CHARACTER OF THE NEIGHBORHOOD. AND I UNDERSTAND WHAT YOU'RE SAYING. THE, UH, THE FIRST TWO, UM, EXHIBITS ARE REALLY JUST PICTURES OF THE OTHER HOUSES. BUT WHAT'S MOST IMPORTANT IS NUMBER FIVE. EXHIBIT NUMBER FIVE IS SHOWING THE TWO HOUSES, UM, BOTH FACING WOODS AND ROAD AND BOTH HAVING A REAR YARD SETBACK THAT IS REALLY A SIDE YARD SETBACK FOR THE PROPERTY ALONG WOODS AND WOODS AND LANE. AND THEREFORE BOTH HAVE 26 FOOT REAR YARD SETBACKS AND BOTH ARE NON-COMPLIANT. OKAY. HOUSE NUMBER 15 IS 8.3 FEET CURRENTLY FROM THEIR REAR YARD OR WHAT I WOULD CALL A SIDE YARD. UM, AND WHAT WE'RE TRYING TO DO IS SOMETHING SIMILAR. YEAH. WE ALREADY HAVE A PRE-EXISTING NON-CONFORMING, UH, ADDITION THAT WAS BUILT WELL, WELL BEFORE THEY BOUGHT THE HOUSE. UM, BUT UH, I'M, I'M GETTING OKAY. UH, WE'RE, WE'RE GETTING AWAY FROM THE COMPARISON. THE, THE OTHER NEIGHBORS, THE TWO CORNER LOTS, BOTH FACING WOODS END ROAD AND THEREFORE THEY'RE WESTERN SIDE OF THE PROPERTY, IS CONSIDERED RED DRIVING AND BOTH HAVE NON-COMPLIANT 10 PACKS. IF YOU LOOK AT THE HANDOUT NUMBER AT NUMBER TWO, WOODS AND LANE, IT IS THE SAME CORNER LOT SITUATION WITH REAR YARD WELL INTO THE SETBACK. WE ARE ONLY ASKING TO BE ALLOWED TO FOLLOW SUIT. IN OTHER WORDS, THREE CORNER LOTS WITH THREE WHAT YOU'RE CALLING REAR YARD SETBACKS WITH WHAT LOOKS LIKE AND FUNCTIONALLY IS A SIDE YARD, WHICH WOULD BE A 10 FOOT SETBACK. OBVIOUSLY ALL THREE OF THESE LOTS HAVE EITHER RECEIVED VARIANCES, THE ZONING REGULATIONS HAVE CHANGED OR WERE OVERLOOKED. AGAIN, WE ARE ONLY LOOKING TO DO WHAT ALREADY HAS AN ESTABLISHED PRECEDENT. OKAY. CAN I JUST, WHAT'S I SEE 15 AND TWO, WHAT'S THE THIRD ONE? 15 AND TWO IS, IS IS OURS NUMBER 25? THE ONE IN YELLOW? OKAY. NO, I THOUGHT YOU SAID THERE WERE THREE EXISTING NO, NO, I WAS REFERRING TO THE THREE CORNER LOTS, INCLUDING THAT ONE. OKAY. SO THE, THE ADDRESS IS ON WOODS END ROAD. THE ADDRESSES ARE ON WOODS END ROAD? YES. IS THE FRONT. OKAY. 'CAUSE YOU KEEP SAYING SIDE REAR AND THE WOODS END, SO IT'S OKAY. GOT IT. IT, IT IS CONFUSING. YOU HAVE WOODS END LA LANE AND WOODS END ROAD. OKAY. UM, BUT THESE TWO FACE WOODS AND ROAD, THEREFORE THEIR SIDE YARD IS [01:55:01] A REAR YARD. THAT'S OKAY. JUST GIVE US A CHANCE TO KEEP UP WITH YOU . OKAY. CHANGING SIDE AND REAR IS WHAT WAS THE CONFUSING PART? YEAH, YEAH. WHAT LOOKS LIKE A SIDE YARD IS CONSIDERED FOR ZONING TO BE A REAR YARD. THAT, AND THAT'S OUR WHOLE PROBLEM. THAT'S OKAY. UH, IF YOU JUMP AHEAD TO EXHIBIT NUMBER NINE, THE ORANGE RECTANGLE, WE HAVE THIS ONE. I'M, I'M FOLLOWING ALONG. I HAVE GOT NINE ON THE SCREEN. OKAY. BUT I CAN'T, I CAN'T SEE IT. YEAH, JUST TURN AROUND. OKAY. I GUESS I TURN AROUND. YEAH. OKAY. OKAY. IF YOU JUMP AHEAD AT EXHIBIT NUMBER NINE, THE R RECTANGLE IS OUR ALLOWABLE BUILD AREA THAT MAKES FOR A VERY OBLONG STRUCTURE, NO MORE THAN 16 FEET DEEP. CAN YOU TURN IT UPSIDE DOWN OR BY 87 FEET LONG, SORT OF LIKE A BARRACKS OR WHEN I WAS A KID, WE USED TO CALL THOSE SHOTGUN FLATS. GOTCHA. WHICH I WAS TOLD NOT TO SAY. UM, OKAY. NOW IF YOU PLEASE LOOK AT EXHIBIT NUMBER EIGHT. THE AREA IN YELLOW IS OUR PROPOSED STRUCTURE BEING BUILT WITHIN AN EXISTING STRUCTURAL FOOTPRINT. NO PROBLEM WITH THE SETBACK HERE. THERE'S ALREADY A ONE STORY STRUCTURE AND A DECK. THEN THE AREA IN ORANGE SHOWS OUR GARAGE WITH A ONE STORY 11 FOOT WIDE STRUCTURE AND THE REST BEING A DECK APPROXIMATELY FOUR TO FIVE FEET ABOVE THE GRADE, WHICH YOU'LL SEE, SEE MORE CLEARLY IN THE, UH, RENDERINGS. THE REASON WE HAD TO GO OUT THREE FEET FURTHER THAN OUR PRE-EXISTING NON-CONFORMING STRUCTURE WAS IN ORDER TO BUILD A USABLE GARAGE AND NOT TO NOT HAVE TO HAVE THE STAIRCASE GO FURTHER OUT TOWARD OUR SIDE NEIGHBOR. THE EXISTING GARAGE IS NINE FOOT SIX WIDE AND I'M SURE ANYBODY WHO HAS AN OLDER HOME KNOWS YOU JUST CAN'T PUT A CAR IN THERE. UH, AND WHAT WE WIND UP WITH IS A LITTLE MORE THAN THE A I A RECOMMENDED MINIMUM, WHICH IS 11 SIX. OKAY. IN SUMMARY, I'M SURE YOU LIKE THAT TERM. IN SUMMARY, THE VARIANCES FOR 40 C TWO AND 15 FOUR D WOULD BE REDUCED TO A VARIANCE OF 1.2 FEET OVER. IF ONLY YOU LOOKED AT THIS HOUSE AT IT IS CITED WITH WHAT YOU ARE CALLING IN REAR YARD. ACTUALLY VISUALLY AND FUNCTIONALLY A SIDE YARD ABUTTING OUR NEIGHBOR'S SIDE YARD. IF WE DESIGNED A STRUCTURE WITHIN IN OUR ZONING LIMITATIONS, WE WOULD HAVE TO GO TO THE LEFT SIDE OUT 20 FEET CREATING AN ABHORRENT FRONT ELEVATION. AND THE EXTENSION VIEWED FROM WOODS END LANE WOULD BE ATROCIOUSLY OR BEYOND ALL THE OTHER HOMES. FRONT YARD SETBACKS. THAT'S THE HARD PART. BASICALLY GETTING OVER THE FACT THAT YOU WANT TO CALL THIS REAR YARD AND CALL IT THE REAR YARD. OKAY. STAY WITH THAT. IT IS THE REAR YARD, BUT I'M DESIGNING IT AS IF IT'S THE SIDE YARD. I GOTCHA. OKAY. UH, NOW ADDITIONALLY, OUR HOME IS BUILT ON A SUBSTANDARD LOT. THE MINIMUM LOT REQUIREMENT FROM R SEVEN FIVE ZONE AND 7,500 SQUARE FEET. OUR LOT IS 6,621. THE MAXIMUM FAR IS 25 82 SQUARE FEET. WE ARE PROPOSING 28 13 OR 299 SQUARE FEET OVER EQUALING 11.5 OVERAGE. A PRETTY SMALL VARIANCE. THE MAXIMUM BUILDING COVERAGE IS 1,589 SQUARE FEET WHERE WE ARE PROPOSING 1,671, WHICH IS 82 SQUARE FEET EQUALING FIVE POINT 18 COVERAGE AT VERY MINIMAL VARIANCE. IN SUMMARY ABOUT THE FAR AND BUILDING COVERAGE ARE HIGH DUE TO OUR SUBSTANDARD LOT SIZE, BUT WE ARE IN KEEPING [02:00:01] WITH MANY OF THE OTHER HOMES IN OUR IMMEDIATE AREA. YOU CAN SEE THIS VERY CLEARLY FROM EXHIBIT SIX AND THE GIS HANDOUT. I AM JUST GONNA START WITH AN OPENING QUESTION THAT YOU'RE SAYING THE GARAGE IS 11 FEET, THE DRAWING SHOWS A 14 FOOT ADDITION. THE, THE RESULTS AND NO, NO, WHAT I SAID WAS THE 1111 FOOT SIX IS IS, I'M SORRY, A 10 FOOT SIX. 11 FOOT SIX GARAGE WIDTH IS THE MINIMUM REQUIREMENT BY THE A I A STANDARDS. WE ARE ACTUALLY AT 12 FOOT SIX, WHICH YOU ADD IF YOU ADD IN THE WALL IS 13. I DON'T KNOW WHERE WE'RE GETTING 14. OH, BECAUSE THE FRONT PORTION GOES IN, YOU HAVE A GEORGIAN COLONIAL WITH TWO WINGS. THE WINGS COME IN A FOOT. THAT'S WHY THE FRONT IS 14. BUT THE AREA WHERE MOSTLY GOING OUT WHERE THE DECK IS IS 13 FEET. WELL, OKAY, YOUR PLAN, YOU'RE SAYING THAT THE AI STANDARD IS 11 FEET FOR, FOR THE GARAGE. 11 FOOT. SIX INCH. OKAY. AND THIS IS 12 SIX? CORRECT. THE INTERIOR SPACES A FOOT WIDER THAN THE A I A STANDARD FOR A MINIMUM GARAGE, ONE CAR GARAGE. AND THE REASON YOU'VE DONE THAT IS, WELL, QUITE FRANKLY, WE WOULD LIKE TO GET THE EXTRA FOOT SO THAT WE CAN BRING BICYCLES AND GARBAGE CANS OUT PAST THE CAR. BUT ALSO BECAUSE WE WANTED TO GET A STAIRCASE THAT GOES DOWN TOWARD THE NORTH RATHER THAN OUT TOWARD THE WEST, WHICH WOULD BE MORE TOWARD OUR NEIGHBOR'S HOME, IT WOULD ALSO BE MORE VISIBLE. THE STAIRCASE IS ON THE AREA THAT'S OUTSIDE. ACTUALLY THE STAIRCASE, UM, IS PROBABLY ONLY FIVE FEET FROM THE NEIGHBOR'S HOME ACCORDING TO THIS. SO THE NUMBER ISN'T HERE, BUT IT SAYS IT'S 8.8 FEET FROM THE PROPERTY LINE TO THE CONCRETE SLAB OF THE GARAGE. AND IN THAT 8.8 FEET IS A STAIRCASE THAT, THAT'S THE STAIRCASE TO THE GR TO THE GARAGE. OKAY. BUT THAT'S, I'M SORRY. THAT'S IN THE SPACE. THAT'S, THAT'S THAT'S IN THE LESS THAN 10 FEET ALSO. WELL, I WAS UNDER THE ASSUMPTION THAT, UH, STAIRCASES, UM, DID NOT APPLY TO THE ZONING SETBACK. I, I DON'T KNOW. DO THEY? NO. DO THEY? NO, NO, NO. THEY DON'T. THEY DON'T. THEY DO NOT. IS THIS A WOODEN OR A CONCRETE STAIRCASE? IT'S A CONCRETE STAIRCASE AND IT'S VIRTUALLY A RAID. IT'S JUST TO ACCESS THE GARAGE. IF YOU LOOK AT THE REAR ELEVATION, YOU'LL, IT'LL BE MORE CLEAR. THERE YOU GO. THAT'S, THAT'S THE, WHAT YOU SEE ON YOUR SCREEN IS THE EXISTING REAR YARD. RIGHT. YOU CAN SEE TO THE LEFT SIDE THE PREEXISTING NONCONFORMING EXTENSION. AND WE'RE GOING TO THE RIGHT, IF YOU GO TO THE NEXT, UH, EXHIBIT, THAT'S THE PROPOSED AND THE DECK IS BETWEEN THE EXISTING AND THE, THE SMALL STRUCTURE TO THE FRONT BLOCKING THE VIEW OF THE, UM, THE DECK SO THAT WE'RE NOT OFF THE STREET. THE STAIRCASE YOU VIRTUALLY CAN SEE GOING DOWN. DO WE HAVE HIS RECORDS? MM-HMM. DOES HE HAVE THAT? YEAH, I THINK THEY'RE IN THE PICTURES. SORRY. SO THIS WAS ALREADY A NON-CONFORMING STRUCTURE. IS THAT, IS, WERE THERE ALREADY VARIANCES OR IS THIS 'CAUSE OF THE, I I'M NOT SURE. YES, IT IS A PREEXISTING NONCONFORMING STRUCTURE. AND WHY IS THAT? [02:05:01] IS THAT 'CAUSE OF THE LOT SIZE OR? NO, BECAUSE OF THE SETBACKS, BECAUSE IT'S A QUARTER LOT. OKAY. SO THEY, SO THE SETBACK IS ALREADY EXISTING. SO THE SETBACK THAT YOU'RE LIKE, WHAT IS THE, SO THERE'S PERMITTED REQUIRED, THEN THERE'S PROPOSED. WHAT'S THE EXISTING SETBACKS? THE EXISTING SETBACK OF THE, OF WHAT IS BUILT NOW IS 11.8. YES. OKAY. OKAY. AND THEN IS THAT FOR, IS THAT JUST FOR THE, WHAT WE'RE CALLING THE REAR YARD SETBACK IS 11.8 TODAY. I'M SORRY, SAY THAT AGAIN. WHICH YOU'RE SAYING IT'S A YES. OKAY, SO THAT'S THE REAR YARD. OKAY. OKAY. YEAH, IT'S IN THE PLANS. OKAY. I SEE. IT IS ERROR CONTROLLING. THE EXHIBITS ARE DOING. THIS IS DOING VERY WELL. I SEE IT ON THE COMPLIANCE FORM. IT'S ON HERE. YEAH. YOU'RE MAKING IT EASY TO FOLLOW. THANK YOU. OKAY. WOULD YOU LIKE ME TO GO THROUGH THE ELEVATIONS BEFORE AND AFTERS? HMM? WOULD YOU LIKE ME TO GO THROUGH THE, I MEAN, YOU, YOU, YOU HAVE THE PICTURES. SURE. GO FOR IT. SO YOU HAVE, WE HAVE THEM. WHICH EXHIBIT NUMBERS ARE THOSE? I'M SORRY, WHAT, WHAT EXHIBIT NUMBERS ARE THOSE? WHAT EXHIBIT? EXHIBIT NUMBERS WHAT? UH, 10 THROUGH 17. OKAY. YEAH. I CAN, YOU KNOW, HAVE 'EM RIGHT HERE. OKAY. ALRIGHT. STARTING WITH 10. WE HAVE THESE. OKAY, GOOD. THESE WE HAVE, YEAH, WE HAVE HERE. OKAY. I CAN GIVE YOU A BRIEF SYNOPSIS OF THOSE OR WE CAN JUST, WE HAVE THE EXISTING, WE DON'T HAVE THE PROPOSED BUILDING. WE DON'T, WE DON'T HAVE THE PROPOSED. OH YEAH, I'LL, WE HAVE THE EXISTING ONES. YES. WE DON'T HAVE THE ONE HE SHOWED OF WHAT IT WAS GONNA LOOK LIKE AFTER. YEAH. OH, THAT'S NICE. THAT ONE. YEAH, THAT'S THE ONE. THAT'S THE ONE WE DON'T HAVE. YEAH. OKAY. WE DON'T HAVE THE ONE. NO, WE HAVE ALL THE EXISTING ONES. WE JUST DON'T HAVE THAT. WE HAVE ALL THE NEIGHBORS. AND THAT'S THE EXISTING FRONT THAT YOU SEE THERE? YEP. AND THE PROPOSED FRONT IS 17. WHAT'S THE, WHAT'S THE PROPOSED FROM 2002, NUMBER 17? THERE IT IS RIGHT THERE. OKAY. IT'S A PERFECT GEORGIAN COLONIAL. WE'VE INCREASED, WE, WE'VE DUPLICATED THE WINGS ON THE LEFT AND THE RIGHT SIDE. WE ELIMINATED THAT STEEP DROP DRIVEWAY INTO A GARAGE UNDERNEATH THE WING. AND IT JUST, MY MIND LOOKS BEAUTIFUL. UH, I'M PREJUDICED STAIRCASE. IT'S BEAUTIFUL. IT'S THE STAIRCASE. IT'S A, IT'S A BEAUTIFUL HOUSE. YOU ARE CORRECT . IT IS. THANK YOU. WE BELIEVE YOU. UM, IN THERE WILL, IN CONCLUSION, THERE WILL BE NO CHANGE TO THE CHARACTER OF THE NEIGHBORHOOD AS WE ARE ONLY IMPROVING THE PHYSICAL APPEARANCE OF A STRUCTURE WHICH IS ALREADY THERE. WE WILL NOT BE A DETRIMENT TO ANY OF THE NEIGHBORS AS WE ARE ONLY ASKING FOR PERMISSION TO BUILD, AS OUR NEIGHBORS HAVE TO AVOID GOING 20 FEET OUT TO THE SOUTH, WHICH WOULD BE PERMISSIBLE. WHICH, IF YOU LOOK AT THAT PICTURE, IT WOULD BE 20 FEET TO THE LEFT AND IT WOULD ABORT THE GEORGIAN COLONIAL LOOK AND BE HORRENDOUS FROM WOODS AND LANE, BECAUSE IT WOULD BE LIKE 25 FEET BEYOND EVERYONE ELSE'S FRONT YARD. AND THAT'S THE ONLY ALTERNATE SOLUTION THAT WE HAVE. I THANK YOU FOR LISTENING. AND THE HOMEOWNER WOULD ALSO LIKE TO SAY SOME WORDS. I'LL KEEP IT BRIEF. OH, JUST A QUESTION. DO YOU THE, WHAT YOU'RE READING, DO YOU HAVE A COPY OF THAT? UH, YEAH. COULD WE, COULD WE HAVE A COPY OF THAT? YEAH. I CAN GIVE YOU, UH, WHAT I'VE, I'VE I'VE BEEN READING. THAT'D BE GREAT. OKAY. DO YOU HAVE A COPY OF THAT TOGETHER WHILE THE HOMEOWNER, DO YOU HAVE OTHER QUESTIONS FOR ME? NO, I DON'T. I DON'T. OKAY. THANK YOU. THANK YOU. I'LL TRY TO KEEP IT BRIEF. UM, GOOD EVENING, MEMBERS OF A BOARD. MY NAME IS BEN P CHACHO. MY WIFE GABRIELA IS ATTENDING THE MEETING THROUGH THE ZOOM. UM, WE HAVE LIVED IN OUR HOUSE IN HARTSDALE FOR OVER 13 YEARS. UH, WE HAVE A DEEP CONNECTION WITH OUR NEIGHBORS AND THE COMMUNITY. WE HAVE THREE BOYS, AGES FIVE TO 10, OLDEST TWO ATTENDED THE GREENBURG ELEMENTARY SCHOOL SINCE KINDERGARTEN. UH, WE FORMED STRONG RELATIONSHIPS WITH OTHER CHILDREN AND THEY LOVE OUR [02:10:01] TEACHERS AND THEIR SCHOOLS. UH, OUR YOUNGEST BOY IS GONNA START KINDERGARTEN THIS YEAR. UM, MY WIFE HAS BEEN ACTIVELY, MY WIFE, GABRIELA HAS BEEN ACTIVELY INVOLVED IN THE SCHOOL DISTRICT. UH, SHE SERVES AS A PRESIDENT OF A HIGH VIEW, PTA TREASURER OF ALI JACKSON, PTA. SHE CURRENTLY, UH, SERVES AS A TREASURER OF THE SCHOOL DISTRICT, PTA COUNCIL. UH, GABBY ALSO CURRENTLY SERVES AS A COMMUNITY MEMBER OF A FINANCE AND FACILITIES COMMITTEE. SHE'S CURRENTLY A MEMBER OF A DEI COMMITTEE AND SHE PREVIOUSLY SERVED AS A COMMUNITY MEMBER OF A SCHOOL DISTRICT AUDIT COMMITTEE AND STRATEGIC PLANNING COMMITTEE. SO WE'RE VERY ACTIVE. WE HAVE STRONG TIES TO THE COMMUNITY. WE WANNA STAY . UM, AS OUR FAMILY HAS GROWN, UH, OUR NEEDS HAVE EVOLVED REQUIRING US TO MODIFY OUR HOME TO BETTER SUIT OUR NEEDS. OUR HOME WAS BUILT IN 1927. IT HAS NOT BEEN RENOVATED FOR MANY DECADES. WE'RE SEEKING TO MODIFY OUR HOME BY ADDING A KID'S BEDROOM. A MODERN FUNCTIONAL KITCHEN, LIKE LARRY MENTIONED, A FUNCTIONING GARAGE, UH, AND A STORAGE AREAS. THESE IMPROVEMENTS ARE, ARE AIMED TO ENHANCE OUR HOME'S FUNCTIONALITY AND IMPROVE OVERALL AESTHETICS. LIKE YOU CAN SEE THE AESTHETICS OF A HOUSE. UH, WE DISCUSSED OUR PLANS WITH OUR NEIGHBORS. WE RECEIVED POSITIVE FEEDBACK. I CAN GIVE YOU, I DON'T KNOW IF YOU WANT ME TO SUBMIT IT OR, UH, BUT I HAVE OVER HERE LETTERS FROM THE NEIGHBORS. UM, SO WE DISCUSS IT WITH 'EM AND WE RECEIVED POSITIVE FEEDBACK, INCLUDING SOME SUPPORT LETTERS THAT WE, I CAN HAND OUT TO YOU. UH, ONE OF THE LETTERS SPECIFICALLY REFERS TO SIMILAR SETBACK EX UH, EXCEPTIONS OF THE HOUSE ON 26 WOODS AND ROAD. UH, THEY HAVE EXACTLY THE SAME SITUATION. THE OWNER IS ALSO USED TO BE AN ARCHITECT AND THEY HAVE A SIMILAR SITUATION WHERE THE HOUSES ARE VERY CLOSE AND THERE'S MULTIPLE, IF YOU LOOK AT FROM THE TOP, THERE'S MULTIPLE HOUSES IN THE AREA THAT HAVE EXACTLY THE SAME SITUATION LIKE LARRY MENTIONED. WE DON'T KNOW IF IT'S A VARIANCE OR WHATEVER IT IS, BUT, YOU KNOW, AND THE HOUSE ACROSS THE STREET ALSO VERY SIMILAR SCENARIOS. UM, IT CAN CLEAR, CLEARLY BE SEEN ON THE REFERENCE SHEET, UH, WITH THERE'S OTHER HOUSES LIKE THAT IN THE AREA OF CARS. UH, GIVEN THE UNIQUE SIZE, SHAPE, AND LOCATION OF OUR LOT, UPGRADING THE HOUSE WHILE MAINTAINING STRICT ADHERENCE TO THE ZONING REGULATIONS, IT POSSESSES EXTREME CHALLENGES. AND LARRY TALKED ABOUT THAT. UH, AS WE PREVIOUSLY MENTIONED, WE'RE REQUESTING THE SAME LENIENCY OF OUR HO UH, OF OUR HOMES IN OUR AREA HAVE ENJOYED, UH, AND TO ALLOW US TO MAKE THE NECESSARY IMPROVEMENTS TO OUR HOUSE SO WE CAN AVOID RELOCATION. OUR INTENT IS NOT ONLY TO MEET OUR FAMILY'S NEEDS, BUT ALSO TO POSITIVELY CONTRIBUTE TO THE NE NEIGHBORHOOD'S, UH, APPEARANCE WHILE MAINTAINING ITS CHARACTER. SO WE, IT WAS REALLY IMPORTANT TO ME AND MY WIFE TO KEEP THE COLONIAL LOOK AND, AND TO STILL BE IN LINE WITH OTHER HOUSES, UH, AND THE APPEARANCE OF A NEIGHBORHOOD AND KEEP ITS CHARACTER. AND YOU CAN SEE THAT, THAT OUR NEIGHBORS SAW THE ILLUSTRATION THAT LARRY SHOWED YOU HERE AND THE NEIGHBORS WERE, UH, VERY IMPRESSED AND THEY LOVED IT. AND THEY SUPPORT US, UH, RESPECTFULLY ASK FOR YOUR APPROVAL OF THE VARIANCES SO WE CAN CONTINUE RAISING OUR KIDS AND THIS WONDERFUL TOWN. WE TRULY APPRECIATE YOUR ATTENTION AND CONSIDERATION IN THIS MATTER. HOPEFULLY IT WAS NOT TOO LONG. GO AHEAD. DO HAVE THE LETTERS. THANK YOU. DO YOU HAVE THE LETTERS? UH, I HAVE THE LETTERS, YEAH. YEAH. I WAS GONNA ASK, DO YOU HAVE LE, I GUESS YOU HAVE NUMBER 27 ON EITHER SIDE OF YOU FOR WOODS END LANE AND WOODSIDE ROAD. SO ONE IS LANE AND ONE IS ROAD. CORRECT? RIGHT. IF, IF YOU HAD ANY CORRESPONDENCE, PARTICULARLY FROM WOODS END LANE, THAT WOULD BE HELPFUL. 27? NO, WE HAVE 27 WOODS AND ROAD. ROAD. YEAH. HAVE YOU, THE ONE YOU'RE GONNA BE CLOSEST TO IS WOODS END LANE. DO YOU HAVE ANYTHING FROM THEM? RIGHT. WE DON'T HAVE FOR THEM. THEY HAVEN'T OBJECTED. IT'S AN OLDER LADY. IT'S KIND OF, IT WAS KIND OF HARD TO GET HER TO WRITE A LETTER. OKAY. THEY HAVEN'T OBJECTED. UH, THEY HAVEN'T EXPRESSED, YOU KNOW, THEY DIDN'T JUMP UP OR DOWN OR ANYTHING, BUT THEY HAVEN'T EXPRESSED ANY OBJECTIONS. OKAY. THEY GOT, YOU KNOW, ALL THE PICTURES AND ILLUSTRATIONS. UH, WE HAVE OUR LETTERS FROM ALL THE SURROUNDING AREAS. UH, AND AGAIN, THE HOUSE ACROSS THAT. UM, CAN YOU BE, YEAH, SORRY. THE HOUSE ACROSS THAT, UM, ON 15 WOODS AND LANE, UM, THAT'S THE HOUSE THAT LARRY WAS COMPARING US TO AND WE HAVE ALL THE FREE HOUSES IN WOODS AND ROAD 26, 20 AND 28 ALSO SUPPORTED. SO AS FAR AS THE FRONT SUPPORT, YEAH. SO DO YOU NEED A FEW COPIES OR NO, I'M JUST, I NO, SHE CAN COPIES FIRST. WELL, I HAVE A BUNCH OF 'EM SO. OH, OKAY. OH, IN CASE YOU WANT. SURE. THAT'S HELPFUL. THANK YOU. THANK YOU. THANK YOU. THANK YOU VERY MUCH. UM, IS THERE ANYONE IN THE AUDIENCE OR ON ZOOM THAT WANTS TO SPEAK ABOUT THIS MATTER? ANY OTHER QUESTIONS? ALRIGHT, THANK YOU VERY MUCH. WE WILL TAKE IT UNDER CONSIDERATION AND WITH THAT WE WILL ADJOURN FOR OUR DELIBERATION. TAKE A BREAK PORTION, WE'LL TAKE A BREAK, AND THEN THE DELIBERATION PORTION OF [02:16:36] [02:21:48] NOT SUBSTANDARD. WELL, IF THEY KNOCK IT DOWN IN ITS ENTIRETY, THEY'LL HAVE TO BUILD IT TO CONFORM. SO I DON'T SEE A REASON TO MEMORIALIZE FOR ETERNITY THEIR ABILITY TO HAVE NON-CONFORMING USES. I MEAN, THAT'S WHAT WE DO HERE IS WHEN ONCE WE CREATE IT AND SAY IT'S THERE. MM-HMM IT'S THERE FOREVER. BUT THEY ONLY, IT, THEY'LL ONLY GET THAT IF THEY KEEP THE STRUCTURE ONE, IF THEY KNOCK DOWN THE STRUCTURE AND THEY DO A KNOCKDOWN, THEN THEY'RE GONNA HAVE TO COME IN FOR A VARIANCE. BUT THEN THEY WON'T KNOCK IT ALL THE WAY DOWN. THEY'LL DO A THREE WALLS, THEY'LL DO SOMETHING. YEAH. I, I AM OPPOSED TO IT. I THINK, I THINK THEY COULD EASILY, THERE'S, THERE DOES NOT SEEM TO ME TO BE A COMPELLING NEED TO BREAK THIS INTO TWO PROPERTIES THAT ARE NEITHER ONE OF WHICH WILL CONFORM. IF THEY HAD SAID, OKAY, WE'LL, WE'LL PUT ONE IN CONFORMING AND ONE NOT, I WOULD BE OKAY, BUT TWO NON-CONFORMING. I HAVE TROUBLE WITH WHAT'S YOUR SAY? I'M FINE WITH IT. I'M FINE WITH IT. AND ME TOO. I'M FINE. UM, I I, I'LL BE FINE. I'M, I DON'T, I DON'T, I'M CONFUSED. I I CAN EXPLAIN A LITTLE BIT. YOU CAN EXPLAIN A LITTLE BIT MORE. YEAH. I CAN EXPLAIN A LITTLE MORE. SO THE FRONT OF THE BUILDING WAS NONCONFORMING. THEY TOOK THAT FRONT DOWN. SO THAT PORTION IS NOW CONFORMING TO THE CURRENT ZONING. THEY ALREADY HAD VARIANCES TO THE LEFT SIDE YARD TO THE REAR, UM, AND TO THE TOTAL OF TWO SIDE YARDS THAT WAS ALREADY GRANTED UNDER A PREVIOUS, UM, ZONING CASE. THE LINE DOWN THE MIDDLE IS ONLY REQUIRING THEM TO GET VARIANCE FROM THE TWO SIDE YARDS, WHICH IS NOW BEING REDUCED BECAUSE THEY'RE PUTTING A LINE DOWN THE MIDDLE. RIGHT. SO THE ONLY VARIANCES THAT ARE NEEDED ARE, ARE WHAT OBVIOUSLY IS LISTED IN THE NOTICE, BUT THEY'RE NOT INCREASING ANY MORE VARIANCES THAN JUST THE TOTAL OF TWO SIDE. YEAH. I, I WAS ALWAYS ONLY CONCERNED ABOUT THE SIDE, THE VARIANCE BETWEEN THE TWO BUILDINGS. OKAY. THAT'S THE ONLY ONE ACTUALLY, THAT REALLY WAS TO ME, THE PROBLEM ONE. OH, YEAH. . DOES SHE HAVE TO REPEAT THAT ? NO. OKAY. SO THEN I'M OKAY WITH IT. THANK YOU FOR EXPLAINING. SURE. OKAY. SO THAT WOULD BE STILL APPROVED, APPROVED FOUR TO ONE, BUT APPROVED. OKAY. NOT GONNA GO TO THE MATTRESSES ON THAT ONE. AND THAT ONE'S WRITTEN UP ALREADY, RIGHT? YES. YEAH, THAT ONE'S ALREADY WRITTEN UP. OKAY. OH, 39 SPRAIN VALLEY ROAD. THAT'S WHY IT WAS, YEAH. THAT'S WHY IT WAS, UM, I WILL TELL YOU THAT WHEN I READ THIS ONE MM-HMM. TWO, YOU KNOW, I WENT TO BED AT MIDNIGHT AT TWO O'CLOCK IN THE MORNING. I WAS STILL AWAKE. I WAS SO ANGRY ABOUT WHAT THIS PERSON HAD DONE. AND TO SAY IT'S 'CAUSE HIS [02:25:01] CHILDREN WERE HOME AND IT WAS COVID IS AN EXCUSE TO DO WHAT IS A MASSIVE, EXTREMELY EXPENSIVE PROJECT THAT HE EVEN SAID HE TOOK A CHANCE THAT HE WOULDN'T GET CAUGHT. UM, I DON'T SAY THAT AM ABSOLUTELY. I DON'T, HE DIDN'T SAY THAT DID HE IS TOTALLY, NO, HE SAID HE TOOK A, I I ASKED HIM THE 'CAUSE THAT'S WHAT I WANTED TO KNOW. I ASKED HIM, WERE YOUR FIRST TIME HOME BUYER? AND HE SAID, YES. AND THEN I SAID, DID YOU UNDERSTAND ME? BECAUSE I SAID, MAYBE HE WAS JUST IGNORANT AND DIDN'T KNOW. AND THEN HE SAID, I TOOK A RISK. THAT'S WHAT HE SAID. HE TOOK A RISK. SO HE KNEW, AND MY FEELING IS THIS TOTALLY FLAUNT IT. AND EVERYBODY HAD THEIR KIDS HOME FOR COVID. SOME PEOPLE HAD FIVE PEOPLE STUCK IN A ONE BEDROOM APARTMENT. DIDN'T MEAN THEY WENT OUT AND BROKE ALL KINDS OF LAWS. THEY COULD HAVE DONE ANY NUMBER OF THINGS WITH THAT PROPERTY BECAUSE IT WAS C PLAY BADMINTON, JUMP ROPE, GO FIGHT, BIKE RIDING, SOCCER. IT DOESN'T MATTER. THIS WAS SO FLAGRANT AND SO WILLFUL THAT I DON'T, I KNOW THAT BY NOT APPROVING THIS, HE MAY HAVE TO TAKE OUT THE POOL. THERE ARE CONSEQUENCES TO DOING BAD ACTIONS. AND A $7,500 FINE COMPARED TO THE COST OF THIS PROJECT IS PEANUTS. MY FRIENDS ARE PUTTING IN A POOL. I KNOW IT COSTS WHAT IT COSTS. IT'S A FORTUNE. AND THAT THEIRS DON'T EVEN REQUIRE RETAINING WALLS LIKE THIS DOES. I AM THIS, THIS, THIS IS ONE OF EVERY CASE WE'VE GONE OVER SINCE I GOT HERE IS THE MOST ANGERING I'VE HAD. OKAY. UM, THE ONLY THING I WANTED TO CLARIFY THOUGH, WAS THAT WHEN HE SAID HE WAS GOING TO TAKE A RISK, I DIDN'T HEAR HIM SAY HE WAS GOING TO TAKE A RISK ON GETTING CAUGHT. WELL, THAT WAS THE QUESTION. DID HE KNOW? AND THE ANSWER WAS, I TOOK A, I KNEW I WAS TAKING A RISK. I THOUGHT HE WAS, I, I, I DON'T KNOW. THERE, THERE WERE DIFFERENT WAYS THAT YEAH. I FELT LIKE HE WAS KIND IGNORANT. LIKE HE DIDN'T KNOW ANYTHING BECAUSE HE'S A FIRST TIME HOME BUYER. SO WHEN I READ THIS CASE, I KIND OF HAD THE SAME, UM, FEELING LIKE, REALLY, LIKE HE DID THIS. I MEAN, AND IT, YOU KNOW, IT, THERE WAS A LOT OF WORK WHEN I LIKE BREATHED AND I LOOKED AT ACTUALLY THE VARIANCE THAT HE'S ASKING FOR. MM-HMM. , WHICH IS LIKE TWO FEET, LESS THAN TWO FEET MINIMUM SETBACK FROM THE POOL TO THE SIDE PROPERTY. THAT'S ALL WE'RE BEING ASKED TO DO. MM-HMM. . AND I THOUGHT IF HE HAD COME TO US BEFOREHAND, WE WOULD'VE GIVEN IT TO HIM. YES. OR WE WOULD'VE TOLD HIM THAT HE JUST HAD TO MOVE IT OVER. YEAH. 15 INCHES. YEAH. IT WASN'T AS IF YEAH. THERE WAS, YOU KNOW, A SHORTAGE OF SPACE TO PUT THE POOL. YES. SO THEY PUT THE POOL 15 INCHES TOO FAR FURTHER THAN IT SHOULD HAVE GONE. YEAH. . UM, I DIDN'T TAKE, UH, TAKING A RISK, MEANING, OH YEAH. I WAS, I WAS GONNA TAKE A CHANCE THAT I WOULDN'T GET CAUGHT. UM, I INTERPRETED IT AS WELL. YEAH. YOU KNOW, I TOLD THE GUY TO PUT A POOL IN AND HE PUT THE POOL IN, AND NOW IT'S BEING BROUGHT TO MY ATTENTION. YEAH. AND NUMBER ONE, I DIDN'T DO IT WITH A PERMIT. NUMBER TWO, IT'S, YOU KNOW, NOT, UM, IN COMPLIANCE, I TOOK A RISK. THAT DOESN'T MEAN THAT, WELL, GEEZ, I'M GONNA SEE NOW IF MAYBE HE'S IN COURT NOW, I CAN DO THIS AND NOT GET CAUGHT WHEN IN FACT, HE COULD HAVE PUT THE POOL ANYWHERE IN THAT BACKYARD. THE, THE, THE YARD IS YOUNGEST. EXCUSE MY VOICE. MM-HMM. . UM, SO I, I DON'T QUITE AGREE WITH YOU, ALTHOUGH INITIALLY I DID WHEN I, WHEN I FIRST READ IT, AND I WAS LOOKING AT IT AND I WAS SAYING, AND THEN IT HAS THE CHUTZPAH. LET'S SAY, LET US BECAUSE OF C. YEAH. UM, WHERE, WHERE DID I SEE THAT? NO, HE SAID IT, HE SAID THAT HE SAID IT HERE. HE SAID IT SAID NO, WHEN I READ IT, IT WAS, UM, WHEN I WAS READING, YOU KNOW, WHY YOU WANT THE, WHY YOU ARE LOOKING FOR THE VARIANCES. THE VERY LAST ONE IS YES, IT WAS SELF-CREATED, BUT OH, YES, I DID READ THAT. YOU DID CORRECT. YES. BUT IT WAS DURING COVID. YEAH. OH, AND I, NO, EVERYTHING WAS CLOSED. BOB, THAT'S, I, THAT'S JUST NOT, I COMPLETELY TRUE. I, WELL, I I ALSO THOUGH THAT LIKE, THERE, HE'S GONNA FACE OTHER RAMIFICATIONS. RIGHT. LIKE YOU SAID, HE'S IN COURT NOW. YEAH. RIGHT. UM, HE MAY OR HE MAY NOT, EVERYBODY MAY [02:30:01] LAY HIM OFF SAYING, OH, WELL IT'S ALREADY BUILT. SO WHAT, THAT'S, I DON'T WANNA BE PART OF THAT PHILOSOPHY. I'M SORRY, I'M INTERRUPTED YOU. I'M SORRY. VERY PASSIONATE ABOUT THIS ONE. THAT'S OKAY. YEAH. WE KNOW, AS YOU CAN TELL, AS YOU CAN TELL. UM, SO WE CLEARLY HAVE ONE. NO, YOU THINK, UM, I, I'M ACTUALLY A YES. SO WE CAN GO FROM THERE. YES. YEAH. I, I WENT FROM A NOTE TO A YES AFTER I LOOKED AT THE PLAN AND TRIED TO RATIONALIZE HOW YOU COULD PUT A POOL WITH THAT MUCH SPACE, SO CLOSE TO THE PROPERTY OR OVER THE PROPERTY LINE. UM, BUT THE POOL, IT'S ALSO THE SURROUND IS WAY FURTHER IN, BUT THAT DOESN'T COUNT. AND SOME OF THIS, FOR SOME REASON, THE CONCRETE THAT DOESN'T, THAT'S WITHIN IT. I MEAN, THAT'S GETTING ALL THE WAY INTO THE POOL IS THE CALCULATION THEY'RE SAYING OF THE ONE FOOT. BUT ANYWAY, I'M A YES , YOU WANT US TO GO THIS WAY? YOU WANT START FIRST RATHER THAN BEING THE LAST NO, NO, NO, NO, NO. IT'S, IT'S, IT'S, IT'S FINE. UM, YEAH, I, AT FIRST I WAS A NO, BUT THEN WHEN I ASKED HIM THE QUESTION, HE, I, I, MY PERCEPTION WAS I DON'T THINK HE KNEW WHAT HE WAS DOING. UH, HE DIDN'T, I REALLY DON'T THINK HE KNEW. I DON'T THINK HE WAS DELIBERATE AT FIRST. I WAS LIKE, MAYBE THIS IS DELIBERATE, BUT HE REALLY DIDN'T SEEM LIKE HE KNEW WHAT HE WAS DOING. HE KEPT SAYING, WELL, I WENT WITH THE ARCHITECT. HE'S A NEW HOME BUYER. I DON'T THINK HE, MAYBE. SO I THINK A LOT OF TIMES PEOPLE, SO YEAH. THINK THAT THE CONTRACTOR'S GONNA DO IT. I MEAN, I KNOW WHEN I DID MY ADDITION, I DIDN'T DO IT. MY CONTRACTOR AND MY ARCHITECT DID ALL THAT. SO, YOU KNOW, I THINK PEOPLE GO IN ASSUMING THAT THEY GO AND THEY GET PERMITS AND THEY DON'T, AND HE'S GONNA HAVE A LOT, I MEAN, HE HAS A LOT OF FINES ALREADY. SO, SO YOU'RE A YES. I THINK I'M GONNA BE A YES. YEAH. I'M GONNA HAVE TO SWITCH IT TO A YES. OKAY. I'M SORRY, SHAUNA. THAT THAT'S OKAY. WE KNOW YOU'RE DEFINITELY NOT WRITING THIS ONE UP. RIGHT? I, I I JUST THINK WE'RE SETTING A REALLY BAD PRECEDENT. YOU DO. WHY? I I THINK IT'S, YOU KNOW, THAT PHILOSOPHY OF GO AHEAD AND DO IT AND APOLOGIZE LATER. NO, WE GET THAT. AND YOU END UP WITH EXACTLY WHAT YOU WANT. HE IS EXACT. HE, I, THIS ISN'T THE FIRST. I DON'T, I WOULD'VE BEEN INTERESTING IF THERE WERE A LETTER FROM THE CONTRACTOR KNOWING, WAS HE THE CONTRACTOR? DID SOMEBODY ELSE DO IT? I DON'T KNOW WHO DID IT. UM, YOU KNOW, HE HAD A LOT OF TIME ON HIS HANDS, POSSIBLY DURING COVID. UH, I, I JUST FIND IT. SO, SHOULD CREDIBLE WE ASK MORE INFORMATION, THEN CAN WE ASK, CAN WE ASK MORE INFORMATION OR NOT? I JUST THINK HE'S NOT CREDIBLE. OH, OKAY. I I DON'T FIND HIM CREDIBLE THAT IT WAS AN INNOCENT MISTAKE. I DON'T KNOW. BUT, BUT YOU BOTH VOTED, SO IT'S OVER. LET'S MOVE ON. I'M VENTING RIGHT NOW, THAT'S ALL. SORRY. YEP. OKAY. BUT IT IS, WHO'S GONNA WRITE? WELL WRITE. CAN I JUST WRITE UP? HE'S, HE'S THE GUY WHO KILLED HIS PARENTS AND, UH, PLEADED. YOU WANT MERCY'S EXAMPLE? THAT'S WHY I SAID, DOES SOMEBODY WANNA TAKE THIS ONE AND I'LL WRITE THE POOL ONE UP? YEAH. THAT'S A STRONG EXAMPLE. DO YOU TAKE THIS FIRST? I KILLING PEOPLE IN THE POOLS. THE OTHER ONE I WAS OUT VOTED ON. DO YOU WANT MY, DO YOU YOU WANT MY POOL OR DO YOU I DO WANT, BECAUSE IF YOU WANT, THAT'S, I WANT A LITTLE BACKGROUND ON THE, SO THIS IS THE POOL HISTORY, REALLY. SHE JUST WANNA GIVE SOME BACKGROUND THIS WAY. WAIT, THIS MIGHT HELP US. WAIT A MINUTE. SO WHAT HAPPENED IN 19? THEY WERE INITIALLY, UM, ONE OF THE FORMER INSPECTORS THAT WORKED FOR THE TOWN STOP BY AND SAW THEY WERE DOING WORK WITHOUT A PERMIT. THEY GAVE THEM A NOTICE OF VIOLATION. HE THEN WENT BACK AND THEY WERE STILL DOING WORK. AND THIS, THE POOL HAD NOT BEEN CONSTRUCTED YET. AH. SO, UM, HE ISSUED A STOP WORK ORDER AND THEY JUST KEPT GOING. SO THAT'S WHY THEY'RE IN COURT. OH, AH, I WANNA CHANGE MY VOTE. AND NOW DOES EVERYBODY THINK HE'S CREDIBLE? I WANNA CHANGE MY VOTE THAT HE DIDN'T KNOW HE NEEDED A PERMIT. THAT THAT'S, SO HE, SO THEY TOLD HIM TO STOP THREE TIMES AND HE KEPT GOING. SO LOOKING AT THE, UM, AFFIDAVIT THAT THE FORMER INSPECTOR WROTE AS PART OF THE SUMMONS, UM, I CAN READ THIS TO YOU. ON APRIL 22ND, JOHN FERRELL RESPONDED TO A COMPLAINT OF A BUILDING WITHOUT A PERMIT AT THE RESIDENCE AT 39 SPRAIN VALLEY ROAD. AT THE TIME, SEVERAL MEN WERE WORKING ON THE MASONRY IN THE REAR YARD, AND THE LAND OF THE REAR OF THE HOUSE HAD BEEN CLEAR CUT AND EXCAVATED. THE OWNERS OF THE RESIDENCE WERE PRESENT AT THE TIME AND DID ACKNOWLEDGE CONSTRUCTION WAS TAKING PLACE. UPON MY QUESTION OF WHAT CONSTRUCTION HAD TAKEN PLACE AT THIS TIME, THEY DID DISCLOSE THAT INTERIOR WORK HAD ALSO TAKEN PLACE, INCLUDING A KITCHEN, BATHROOM, BASEMENT RENOVATIONS. AT THIS TIME, ON 4 22 19, I DID ADVISE THE OWNER THEY NEEDED TO ACQUIRE PROPER [02:35:01] PERMITS FOR THE BUILDING, PLUMBING, ELECTRICAL. AND I POSTED A STOP WORK ORDER AND EXPLAINED THAT ALL WORK MUST CEASE UNTIL PROPER PERMITS HAD BEEN ACQUIRED. ON JUNE 26TH, 2019, I, JOHN FARRELL WAS DRIVING BY THE RESIDENCE LOCATED AT 39 SPRING VALLEY ROAD, AND I OBSERVED A LARGE WOODEN INSTRUCTOR HAD BEEN CONSTRUCTED AT THE REAR OF THE MAIN HOUSE. MEN COULD BE SEEN WORKING AROUND THE PROPERTY. THE STOP WORK ORDER HAD BEEN REMOVED. THAT WAS POSTED ON 4 22. A NEW STOP WORK ORDER WAS AGAIN, POSTED ON 6 27 AS SEVEN ON SEVEN 18. NEW PLYWOOD HAD BEEN ADDED TO THE STRUCTURE IN THE REAR ON DECEMBER 2ND, 2020 WE'RE CONTINUED ON THE RESIDENCE. A LARGE PILE OF DIRT WAS, COULD BE SEEN PRESENT ON THE DRIVEWAY. A STRUCTURE IN THE REAR YARD HAD BEEN FURTHER COMPLETED, UM, SINCE 7 18 19 BY THE INSTALLATION OF ROOFING THROUGH THE STRUCTURE AS OF TWO, EXCUSE ME, 12, 2 20. UPON MY INSPECTION OF THE SITE, A LARGE POOL AND DECK HAD BEEN CONSTRUCTED ON THE PROPERTY. THE STOP, WHEN WAS THIS? I'M SORRY. TWO, UH, DECEMBER 2ND, 20, 26 MONTHS LATER. THE STOP WORK ORDER ISSUE. NO. 'CAUSE THE OTHER WAS 2019. YEAH. SO THE STOP WORK ORDER ISSUED ON 4 22 19 REMAINED IN EFFECT AS OF THIS DATE. THE INVESTIGATION HAS DETERMINED AFTER CHECKING THE RECORD RECORDS CONTAINED IN THE TOWN OF GREENBURG BUILDING DEPARTMENT, NO RECORDS OF PERMIT ARE PRESENT FOR ANY CONSTRUCTION AS OF DECEMBER 2ND. AND THAT'S WHEN THEY GOT A SUMMONS. SO COVID-19 WAS 2020 ACTUALLY REALLY CAME TO FRUITION DURING 2020. RIGHT. 29 STARTED ALL THIS DECEMBER. DECEMBER OF 29, 19. SO THIS WAS, THIS PREDATES THAT. YEAH. WELL, HE DID THE, HE FINISHED THE POOL DURING COVID. MAYBE THAT'S WHAT HE WAS SAYING. YEAH. DURING COVID, BECAUSE HE, SO THAT ACTUALLY KIND OF MAKES SENSE NOW WHERE HE SAID, DOES I TOOK THE RISK. YEAH, BECAUSE HE YEAH. KNEW HE HAD A STOP WORK ORDER YEAH. AND EVERYTHING WAS CLOSED DOWN DURING C YEAH. SO HE JUST WENT AHEAD, WENT AHEAD AND JUST FINISHED IT. BUILT. THAT'S WHAT HE DID. YEAH. SO SPEAKING, SPEAKING TO THE FEES THAT IS ASSOCIATED, ASIDE FROM THE COURT FEES AND FINES THAT ARE GONNA BE IMPOSED BY THE JUDGE, UM, BUILDING PERMIT FEES ARE TRIPLED AS WELL AS THE ENGINEERING FEES FOR THE STORM WATER. WOW. SO THEY'RE GOING TO BE PAYING, SHOULD THE PERMIT BE, BE GRANTED FOR THE POOL AND ALL OF THE OTHER ALTERATIONS THAT WERE MADE ON THE SITE. A VERY LARGE PERMIT FEE FOR BASICALLY A PENALTY FOR DOING THE WORK WITHOUT A PERMIT. HOW MUCH? HOW MUCH? HOW MUCH? SO IT'S $54 PER THOUSAND OF COST OF CONSTRUCTION. WOW. PLUS A $300, UM, APPLICATION FEE. AND THEN WHATEVER THE ENGINEERING DEPARTMENT IS GOING TO CHARGE THEM FOR THE ILLEGAL FIELD THAT WAS BROUGHT IN. SO HE'S TENS OF THOUSANDS OF DOLLARS INTO THIS? YES. OKAY. I DON'T KNOW IF THAT PUTS ANYTHING INTO PERSPECTIVE. IT DOES, BUT JUST I WANTED TO GIVE YOU A BACKGROUND OF THE ENTIRE STORY THAT THANK YOU. I FOUND THE NEWS. IT DOES, DOES IT DOES. BECAUSE YOU HAVE TO, YOU KNOW, RESPECT THE DECISION OF THE PLANNING COMMITTEE. I MEAN, WE CAN'T OVERTURN SOMETHING. WE HAVE TO SUPPORT EACH OTHER. SO ON THAT BASIS, I'M GONNA, UM, CHANGE MY VOTE. WELL WAIT. UM, THE PENALTIES FOR THE PERMIT FEES, IF WE WERE TO DENY THIS APPLICATION, DOES HE HAVE TO PULL THE POOL OUT? SO HE WOULD HAVE TO DO A COUPLE OF THINGS. HE WOULD EITHER HAVE TO DEMO, DEMOLISH THE POOL, OR HE WOULD FILE FOR AN APPLICATION TO DEMO AND RECONSTRUCT THE POOL, AND THAT COMPLIES WITH THE 15 FOOT SIDE YARD SETBACK. SO I WOULD ASK THIS QUESTION IF HE, IF WE DIDN'T, IF HE, SO I'M, MY VOTE IS STILL YES. EVEN THOUGH I HEARD ALL THAT. AND THE REASON IS, IS MY JOB IS NOT TO PUNISH HIM. MY JOB IS TO GIVE A VARIANCE BASED ON THE DATA. HE'S GONNA GET PUNISHED BY THE COURT. HE'S GONNA GET PUNISHED ELSEWHERE. I JUST DON'T VIEW IT AS MY JOB. SO IF HE CAME, IF SOMEBODY CAME IN RIGHT AND, UM, ASKED FOR THIS VARIANCE AND THERE WERE, AND WE WENT BACK AND FORTH, I WOULD PROBABLY GIVE IT. SO I JUST, I DON'T FEEL LIKE MY JOB IS JUDGE AND JURY IN THAT PERSPECTIVE OF PUNISHMENT. IT'S AROUND THE VARIANT. SO I, I WOULD NOT ACTUALLY CHANGE MY VOTE. HE'S GONNA GET, HE'S GONNA GET WHAT'S COMING TO HIM. HE'S GONNA GET HIT WITH A LOT OF FINES. DOES THAT MAKE SENSE? I SEE. HOLD UP BECAUSE THAT'S, I WAS KIND OF LEANING THAT WAY. WAY. I SEE. THAT'S OUR JOB. SUCH GET THE I SEE. YOU'RE RIGHT. I THINK HAD HE GONE THROUGH THE PROCESS, THE POOL WOULD NOT HAVE BEEN BUILT WHERE IT WAS TRUE THAT, THAT YOU COULD BE ABSOLUTELY RIGHT. I THINK WE WOULD'VE SAID NO, MOVE THE POOL. YEAH. WHICH WOULD'VE BEEN FINE BECAUSE THE POOL COULD HAVE BEEN PUT ANYWHERE. RIGHT. THERE WAS PLENTY OF ROOM [02:40:01] IN THE PROPERTY FOR THAT POOL. SO THAT WAS A MISTAKE AS FAR AS I WAS CONCERNED. COULD HAVE MADE IT ONE FOOT SMALLER. I THINK THAT HE FIGURED THE POOL CON, UM, CONTRACTOR KNEW WHAT HE WAS DOING. MM-HMM. AND SAYS, OKAY, WELL I'LL PUT IT RIGHT THERE. WHAT DO YOU THINK? OH, I THINK IT LOOKS GOOD. IF YOU SAY YOU CAN GO THERE, YOU CAN PUT IT THERE. FINE. HE HAD A STOP WORK ORDER WHEN HE TOLD THE POOL CONTRACTOR TO GO AHEAD WITH IT. THAT DOESN'T, THAT I, I UNDERSTAND. AND I'M STILL UPSET ABOUT HEARING THAT HE WAS GIVEN MULTIPLE STOP WORK ORDERS, NOT JUST ONE. YES. BUT I'M ALSO FEELING LIKE, DIANE, THAT HE'S GONNA GET PUNISHED WITH THE PERMIT FEES. HE'S ALREADY HAD TO PAY LIKE $7,500, WHICH YOU SAY IS NOTHING COMPARED TO THE COST OF THE CONSTRUCTION WORK INVOLVED. UM, BUT I DON'T FEEL THAT WE ARE HERE TO JUST LIKE, SAY, OKAY, FINE. YOU'RE, YOU, YOU HAVE TO BE PUNISHED BY DEMOLISHING AND, AND RECONSTRUCTING OR DEMOLISHING AND FILLING IT IN COMPLETELY AND GETTING RID OF IT. CAN I JUST SAY ONE THING? SURE. WE DON'T KNOW THAT HE WILL GET FINED. WE KNOW THERE IS A LAWSUIT WHERE HE MIGHT, BUT IT HAS NOT BEEN DECIDED. BUT THAT DOESN'T, HE COULD WALK AWAY WITHOUT ANY FINES AT ALL. I WOULD, I WOULD SAY THAT THE FACT THAT HE'S IN COURT IS PUNISHMENT ENOUGH. WE ALSO KNOW HE DID GET SOME FINES ALREADY, CORRECT? NOT, NOT, NOT YET. WELL, NOT FINES, BUT WE KNOW WHAT HE'S GONNA HAVE TO PAY. YES. HE, FOR ALL HIS PERMITS AND EVERYTHING, I I, IF HIS ATTORNEY WINS, WHICH IS WHAT WELL, SHAUNA IS GETTING AT THE, THE PERMIT FEES, UM, TO LEGALIZE. THAT'S, YOU KNOW, THERE'S, IT'S NOT DISCRETIONARY THAT'S GONNA BE REQUIRED AS PART OF THE PERMIT PROCESS. AND THAT'S WHAT'S THREE TIMES THE NORMAL COST. THAT'S CORRECT. THE ONLY GOOD SIDE, I'M A GEMINI. I SEE BOTH SIDES, IS MY UNDERSTANDING IS HE IS GOING TO BE REQUIRED TO DO SOME MITIGATION OF ALL OF THE ENVIRONMENTAL DAMAGE THAT HE IS DONE. WE NOW FOUND THAT A CLEAR CUT. YES. YEAH. I MEAN HE CLEAR, YOU KNOW, THE, THE, THE DAMAGE HE HAS PROBABLY DONE TO THE ROADS AND THE NEIGHBORS AND EVERYBODY ELSE FROM ALL THE WORK THAT HE'S DONE WITH THE RUNOFF. UM, DOES HE ALSO, THE MITIGATION'S, THE ONLY GOOD THING THAT'S HAPPENING HERE, IS HE GONNA GET A FINE ALSO FOR ACTUALLY DOING CONSTRUCTION DURING COVID? BECAUSE DURING COVID YOU WEREN'T ACTUALLY ALLOWED TO DO, YOU HAD TO STOP. CORRECT. SO THAT WAS PART OF THE, THE SUMMONS THAT OUR PROSECUTING ATTORNEY IS, HAS THEM BEFORE COURT IN, UM, BUT YOU KNOW, SO THEY ARE GO, THERE ARE MULTIPLE FINES THAT THE JUDGE IS LOOKING AT FOR VIOLATING THE STOP WORK ORDER TWICE. UM, AND THAT HAS A MINIMUM, UM, FINE IMPOSED ON IT THAT THE JUDGE CAN IMPOSE. BUT, UM, ONCE THEY GET THROUGH THE PROCESS OF THE ZONING BOARD, I BELIEVE THEY FINISHED THE PROCESS WITH THE PLANNING BOARD. UM, IT'LL GO BACK, IT'LL GO BACK, IT'LL GO BACK TO THE PLANNING BOARD. BUT ONCE THEY, THAT'S WHAT THE COURT IS WAITING FOR, IS THEM TO GO THROUGH THE WHOLE PROCESS OF THE BOARD APPROVALS BEFORE THEY IMPOSE THE FUNDS. SO THE ONLY, THE ONLY QUESTION THAT I HAD ON THIS ONE, AND THE ONLY REASON I DIDN'T DIDN'T BRING IT UP IS BECAUSE THIS HAS GONE THROUGH, UH, THE PLANNING BOARD AND EVERYTHING ELSE, BUT HE DOESN'T HAVE HEDGES ACROSS THE WHOLE SIDE OF THE POOL AND EVERYTHING. SO I DIDN'T KNOW IF WE WANTED TO REQUIRE A BUFFER, BUT I THINK THAT THE, HE DID GO TO THE CAC, SO I WOULD THINK THAT THEY WOULD'VE TOLD HIM LIKE PLANTINGS TO PUT IN. THEY DID. OKAY. SO THEY WERE, THEY, HE HAS A WETLANDS MITIGATION PLAN THAT WAS APPROVED BY THE CAC. IT WAS ALSO RECOMMENDED BY THE PLANTING BOARD, UM, TO INCLUDE WETLANDS, PLANTINGS. OKAY. UM, AT THAT TIME, I DON'T KNOW IF THE PLANNING BOARD WAS AWARE THAT CLEAR CUTTING HAD HAPPENED. SO I DON'T KNOW WHEN YOU WERE MADE AWARE OF THAT. I THINK I HAD ASKED ACTUALLY IF THAT WAS A CASE. UM, BUT ALSO SOMETHING ABOUT THE STORMWATER I WANTED TO MENTION WAS THAT HE, THEY DID MENTION THAT CALTECH WERE PUT IN PLACE AS WELL. YES. YEAH. OKAY. DOES, DOES THE, UM, THE OUTCOME OF THE JUDGE'S DECISION, WOULD OUR APPROVING THE VARIANCE INCREASE THE LENIENCY OF THE JUDGE? IS THAT PART OF IT SAYING, WELL, THE ZONING BOARD DIDN'T MIND WHAT YOU DID, SO IT'S NOT THAT BIG A DEAL? NO WAY. I DO NOT BELIEVE SO. AT ALL. NOT ANY JUDGE WORTH IS HIS OR HER ASSAULT, IF ANY. IF ANYTHING, I THINK THEY'D PROBABLY SAY, WELL, YOU'RE BEING FORCED TO TAKE THE POOL OUT. THAT MIGHT BE PUNISHMENT MONEY ENOUGH IF WE MADE 'EM DO THAT. I THINK THAT IS A SUB TOO SUBSTANTIAL TO MAKE HIM REMOVE THE ENTIRE POOL FOR A 1.9 FOOT VARIANCE. YEAH. AND THAT, THAT WAS REGARDLESS OF WHAT HE DID AND DIDN'T DO WITH PERMITS. THAT'S WHAT I WAS SAYING TO HOLD OFF ON REACTING. I MEAN, IT'S ONE POINT OUT [02:45:01] OF FEET. YEAH, I UNDERSTAND. HE SHOULD HAVE PUT IT SOMEWHERE ELSE AND HE SHOULD HAVE, BUT HE CAME, HE DIDN'T. MM-HMM. THIS IS WHERE WE ARE. THE ZBA IS TO PROVIDE RELIEF FROM THE CODE AND FOR US TO SAY NO WHEN WE'VE SAID YES TO MET MUCH WORSE. AGREE, TO BE HONEST. UM, YOU KNOW, WHERE HE'S DONE A LOT OF ENVIRONMENTAL REMEDIATION MITIGATION AND HAS GONE THROUGH THE PLANNING BOARD AND THE CONSERVATION BOARD, AND NOT ONE BOARD HAS TOLD HIM, WE WANT YOU TO DEMOLISH YOUR POOL AND PUT IT WHERE IT BELONGS. BECAUSE HONESTLY, THAT WOULD BE MORE IMPACTFUL IN A NEGATIVE WAY TO THE ENVIRONMENT IF WE MADE HIM RIP OUT THAT POOL AT THIS POINT, THAT IS WAY WORSE THAN THE MITIGATION THAT'S HAPPENING NOW. I, I DISAGREE WITH THAT'S BAD. I MEAN, MOTHER NATURE BUILT THAT ECOLOGICAL SYSTEM. I KNOW TENS OF THOUSANDS OR MILLIONS OF YEARS AGO, AND HE CAME IN WITH A BULLDOZER WITH NO PERMITS. AND THAT'S, I'M SORRY, BUT THAT'S THE SENTENCE THAT WENT AROUND MY HEAD FOR ONE TO TWO IN THE MORNING AND I HAD TO SAY IT, BUT WE, BECAUSE I AM, SO, YOU KNOW, SINCE HE DOESN'T HAVE A CO FOR THE POOL. RIGHT. IS HE ACTUALLY ALLOWED TO USE THE POOL THIS SUMMER? HE SHOULDN'T BE USING THE POOL AT ALL. YEAH, I'M SURE HE IS USING IT. IT WAS CO WELL, NO, IT WAS COVERED UP IN THE PICTURES, SO I DON'T, MAYBE HE'S NOT SO THERE'S MORE PUNISHMENT FOR I DO LIKE THAT PART. THAT'S, THAT'S MAKING ME QUITE HAPPY. I WAS GONNA SAY THERE'S MORE PUNISHMENT FOR YOU THAT HE ACTUALLY CAN'T STARE AT IT. SO IT'S STILL UP TO YOU. NO, NO. I'M GONNA LEAVE IT AS, I'M GONNA LEAVE IT AS YOU BACK TO, WE'RE MOVING ON TOO MUCH OF YOUR TIME. LET'S MOVE ON. MOVING ON FOR YES IS ONE. NO, MY SON HUSBAND'S GONNA BE SO UPSET. ARE YOU GONNA WRITE THIS ONE? YOU AND I BE SWIMMING? COULD I, COULD I HAVE YOUR POOL? OKAY. OH YEAH. THANK YOU. I GOT IT. I GOT IT. LET'S MOVE ON. I GOT IT. SHOULD GIMME YOURS. OKAY. OKAY, SO I'M WRITING THIS ONE. NO. YEAH, YOU'RE WRITING THAT ONE. I HAVE THE POOL. OKAY. I'M DOING THE POOL. 38 OAK. WHICH ONE? OH, THIS IS THE, THIS IS SIMILAR. THE HEIGHT STRUCTURE. THIS IS THE 0.83. I HAVE A YES ON THAT IN HEIGHT. . YES. I'M FINE WITH THIS. I'M FINE WITH IT. WHAT'S, I CAN'T, THAT'S THE GARAGE. YEAH. YEAH. WE HAVE AN INTERESTING BACKSTORY TO THIS ONE TOO, BUT MAYBE WE'LL JUST KEEP IT TO OURSELVES. THIS PUT IN PERSPECTIVE, THIS IS WHAT IT LOOKED LIKE PREVIOUS. OH, OKAY. OH, THAT LOOKS MUCH BETTER. THAT'S BEFORE . THAT'S THE AFTER. YEAH, THIS IS THE BEFORE. OKAY. THAT'S, YOU COULD SAY THE, I'M SORRY. IS THAT THE OLD ONE OR THAT'S THE, THE ONE THAT WAS FALLING APART. IT DOESN'T LOOK LIKE IT'S FALLING APART HIGHER. THEY SHOWED IT WAS AFTER A STORM MAYBE. YEAH, THAT'S TRUE. THE NEW ONE THAT THE PEAK OF IT ALMOST LOOKS LIKE IT REACHES THE THE DRINK. THE, YEAH. OKAY. I HATE THAT ONE TOO. BUT AGAIN, WE'RE TALKING ABOUT 0.8, THREE FEET. YES. , RIGHT? YEAH. AND IT'S JUST AT THE PEAK. NO, NO, NO, IT'S NOT. THE PEAK IS MUCH HIGHER. THEY MEASURE FROM THE MIDLINE OF THE, I THOUGHT IT WAS THE PEAK. IT WAS ONLY THE PEAK. OH. PEAK'S PROBABLY ANOTHER. OKAY. BUT THAT ONE, THIS WAS LAST. DO WE, DID WE TAKE A VOTE ON THAT? DO WE ALL SAY YES? YES. YEAH. YEAH. ALRIGHT, GREAT. AND THEN THE LAST ONE IS THE COLONIAL. WHO'S WRITING THAT UP? OH, WHO'S WRITING THAT UP? WHAT THAT ONE I, OH, I CAN DO THAT ONE INSTEAD OF THE OTHER POOL. YOU WANNA DO THAT ONE? YEAH, I'LL DO, I'LL DO THIS ONE. OKAY. SO THIS ONE GOES TO SOMEBODY ELSE. DO YOU NEED MY CA MY, MY WHOLE CASE THING IS THERE. YOU COULD KEEP IT. I DON'T SEE IT. THIS IS THE POOL ONE? NO, I HAVE THE POOL. I MEAN, THIS IS THE NORTH. I'LL DO THIS ONE. OKAY. THAT WAS THE ONE. SHE DIDN'T HAVE A CASE FILE, SO I GAVE HER MINE. THAT'S WHY. GOT IT. AND THIS IS THIS. OKAY. YEAH. UM, AND THE LAST ONE IS THE COLONIAL. OH, THIS IS ALL YOU . I KNEW THERE HAD TO BE SOMETHING. OKAY. OKAY. I'M FOR THAT ONE. WHICH ONE? 25 WOODS END. I KNOW THERE'S A LOT OF THEM. OH, THE CORNER ONE. I THOUGHT THEY DID A NICE OH YEAH, NO, IT'S GONNA LOOK GOOD. I'M FINE WITH THAT ONE. I'M, I'M FINE WITH THAT ONE. ALRIGHT. YEAH. EVERYBODY GOOD WITH THAT ONE? MM-HMM. . IT WAS A REALLY IT DISJOINTED PRESENTATION. IT WAS, BUT IT WAS ALL ABOUT THE NEWS AND LIKE, I GOT WHAT HE WAS TRYING TO GUESS. I LITERALLY SAID TO KARA, LIKE, I WAS LIKE, SOMETIMES LESS IS MORE LIKE, I WAS LIKE HE WAS VERY THOROUGH. YEAH. . I WAS ALMOST, I MEAN HE ALMOST GOT TO THE POINT I WAS GONNA SAY NO, LOU WAS GONNA BE DO YOU HAVE, DID HE GIVE YOU THAT WRITE UP? YES. GIVE THAT TO LOU. 24 18 WITH ME, THE ARCHITECT THAT WAS I'LL SCAN IT IN. YEAH, IT WAS SO 24 19. DO WE HAVE AN ANSWER SHE'S GOING TO GIVE YOU? OKAY, I'LL EMAIL IT TO YOU. OH, THAT WAS WITHDRAWN. SO WE'RE DOING RIGHT OUT 28 20. SO YOU CAN JUST COPY 24 20. [02:50:05] YEAH. OH, THAT'S THE ONE WE JUST DID. THAT WE SENT? YES. OKAY. GOTCHA. OKAY. WHERE I SEE THIS NO, NO. SHE'S GONNA GIVE YOU SOME LIKE, OH, YOU KNOW HOW HE WAS READING? YES. REALLY'S GOING EMAIL IT TO HE'LL. EMAIL AND WE'RE GOING HERE. I'LL EMAIL TO YOU TOMORROW. WELL, THERE WON'T BE TRAFFIC. WE PUT THAT MONDAY. I TAKE THE, I DO THESE ON SUNDAY. I WORK WANTED, I CAN DO THAT. BUT THAT, YEAH, WE GET A FRIDAY. WE'RE GOING TO MY FATHER'S CEMETERY FLASH. OH, I JUST LOOKED AT HIS PLAN. OKAY. MIKE BRIDGE ACADEMY IS DONE. THIS IS, YOU HAVE, SO YOU HAVE THIS, YOU HAVE THIS. WHICH ONE IS THIS? UH, YES. OKAY. SUBDIVISION GOT APPROVED. OH YEAH, RIGHT HERE. I'M NOT DOING, OH, THIS IS THE ONE. THIS WAS A VERY PRODUCTIVE MEETING. IT WAS, WE DON'T HAVE A LOT LEFT OVER EXCEPT CHICK-FIL-A AGAIN, YOU'RE GONNA MISS THE CHICK-FIL-A VOTE. YOU'RE NOT? OH YEAH. OH, WELL I THINK THEY'LL BE HAPPY THAT I'M NOT, THEY MIGHT BE, YEAH. . OKAY. SO THIS, HE WILL BE UNHAPPY THAT WE DIDN'T FINISH IT TONIGHT. . BUT SHE KNOWS. DOES ANYBODY NEED THE WOODS END LANE ONE? NO, WE'RE SAVING 19 BECAUSE WE DIDN'T DO IS 19 PULLED FOR GOOD? OKAY. SO I GUESS, SHOULD WE SAVE NUMBER 20? SHOULD WE SAVE 24 19 THAT SHE PULLED, WITHDRAWN. WHICH ONE? 24 19 WAS WITHDRAWN. DO WE NEED TO SAVE THE PACKAGE? NO. WHO'S DOING 11? UH, ME, BUT I HAVE IT HERE. YOU HAVE 11, THAT ONE. UM, DO YOU HAVE THE SEEKER LANGUAGE OF WHAT I SAY? THIS IS THE GARBAGE, UH, WHAT'S NOT HERE TO GIVE ALL THE, UH, THE PAPERWORK RIGHT NOW AND THAT YES. OKAY. I HAVE TO DO THING CLEARS EVERYTHING OUT. BUT CHICK-FIL-A WELL AND NUMBER 19. OKAY, WELL, BUT THAT, THAT, OH, NO, NO, NO, THAT'S TRUE. THIS IS WHAT I'M WRITING UP. YEAH. ONLY CHICK-FIL-A. YEAH, THAT'S IT. OH, OKAY. SO THIS IS 11, 12 AND 13. I DUNNO IF I'LL GET TO IT TOMORROW. I'LL TRY KAREN, MANY OF YOU, ALL THIS STUFF THAT YOU CAN REUSE, START, BRING A BAG FOR ALL THIS AS WELL. DO YOU WANT ME TO PULL THESE DOWN? YEAH, JUST UM, ARE WE READY? YEP. NO, WAIT, WAIT. MUSICAL HANDS. WHO'S GONNA READ? WOULD I HAVE, I HAVE 11, 12 AND 13 MOTIONS. SO I'LL READ THE MOTIONS. THEY WERE ALREADY WRITTEN. SORRY? THEY WERE ALREADY WRITTEN. 11, 12, AND 13. BUT YOU'RE NOT GONNA READ THEM, BUT I'M NOT GONNA DO THE FINDINGS. OKAY, ED, I HAVE THEM. I HAVE THEM. OKAY. AND YOU'RE GONNA READ THEM ALL? I'M GONNA READ 11, 12 AND 13 AND THEN 11, 12. AND, AND THEN WHO WAS DOING 17? I HAVE 17. I HAVE 18. OKAY, SO THIS IS DIANE. 20. SOMEBODY HAS 11. OH, YOU HAVE 11. I DO SHAUNA AND 20 IS ME. YES. OKAY. OKAY. YOU'RE OFF THE HOOK. . THANK YOU. OKAY. HOW DO I START THIS PART? I DON'T EVEN REMEMBER. OKAY. SHOULD WE, ARE WE BACK ON THE RECORD? YOU'RE NEVER OFF. OH, . ALRIGHT. ARE WE RECORDING? DO WE RECORD THIS PART? IT'S, IT'S BEEN RECORDED. OH, I CAN JUST START THEN. OKAY. YOU KNOW, LET ME JUST DOUBLE CHECK. I, I'LL BE BACK IN JUST A MOMENT. I DIDN'T THINK WE RECORDED AT THIS POINT. YOU'RE GOOD. WE'RE GOOD. THANK YOU . OKAY. SHE HEARD. ALL RIGHT, WE'RE BACK FROM DELIBERATION. UH, SO, OKAY. CASE NUMBER 24 0 7. CHICK-FIL-A, UM, HAS BEEN ADJOURNED FOR ALL PURPOSES TO THE MEETING OF SEPTEMBER 19TH. CASE NUMBER 24 11. [02:55:02] UM, I HAVE A SEEKER, WHEREAS THE GREENBERG ZBA HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO SEEKER COMPLIANCE AND NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SEEKER CONSIDERATION. SECOND. ALL IN FAVOR? AYE. AYE. AND THE CHAIR VOTES. AYE. UM, I HAVE A MOTION. UH, I MOVE THAT THE APPLICATION IN CASE NUMBER 24 11 BE GRANTED PROVIDED THAT THE APPLICANT SHALL 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 21ST, 2024 AND STAMP PROCEED JUNE 28TH, 2024 AND REVISED PLOT PLAN STAMPED RECEIVED JULY 5TH, 2024 SUBMITTED IN SUPPORT OF THIS APPLICATION. OR AS SUCH, PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN. PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN. THE VARIANCES BEING GRANTED ARE FOR THE IMPROVEMENTS SHOWN ON THE PLANS 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 HAVE APPROVED HEREIN. SECOND. ALL IN FAVOR? AYE. AYE. AND THE CHAIR VOTES AYE. UH, DUE TO THE LATENESS OF THE HOUR, WE WILL RECORD, UM, WE WOULD PREPARE THE FINDINGS AT A LATER DATE, BUT THEY WILL BE PROVIDED AND ENTERED INTO THE RECORD, UM, AFTER THE MEETING AND AVAILABLE TO THE PUBLIC. AND THAT WILL BE FOR ALL OF THE, OF THE MOTIONS. GRANTED, HE HAS TO TRY AND FILE. OH, I'M SORRY. I GOT IT. . OKAY. NEXT IS CASE NUMBER 24 12. AND WHEREAS THE GREENBERG ZBA HAS REVIEWED THE UP THE ABOVE REFERENCED APPLICATION WITH REGARD TO SEEKER COMPLIANCE, UM, AND NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SEEKER CONSIDERATION. SECOND. ALL IN FAVOR? AYE. AYE. AYE. AND THE CHAIR VOTES. AYE. UM, I MOVE THAT APPLICATION, THE APPLICATION IN CASE 24 12 BE GRANTED PROVIDED THAT THE APPLICANT OBTAINS ALL NECESSARY APPROVALS AND FILES SAME WITH THE BUILDING DEPARTMENT. THE VARIANCE VARIANCE GRANTED HEREIN IS FOR THE IMPROVEMENTS SHOWN ON THE PLANS SUBMITTED IN SUPPORT OF THIS APPLICATION. ONLY ANY FUTURE OR ADDITIONAL CONSTRUCTION OR INCREASE IN ENROLLMENT THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION OR INCREASE CONFORMS TO THE HEIGHT, SETBACKS, OR OTHER VARIANCES WE HAVE APPROVED HEREIN THE VARIANCE IS CONDITIONED ON APPLICANT RESTRICTING ENROLLMENT TO 152 CHILDREN AND THE EXISTING LEVEL OF USE OF UNRELATED OFFICE SPACE IN THE BUILDING. SHOULD THE PLANNING BOARD GRANT APPROVAL TO INCREASE ENROLLMENT BEYOND SUCH NUMBER OR IF APPLICANT SEEKS TO CHANGE OCCUPANCY OF THE UNRELATED OFFICE SPACE TO OTHER USES OR INCREASED OCCUPANCY OF SUCH OFFICE SPACE, APPLICANT MUST RETURN TO THIS BOARD TO OBTAIN FURTHER VARIANCES THAT MAY BE REQUIRED RESULTING FROM SUCH CHANGES AS RECOMMENDED BY THE TOWN'S TRAFFIC CONSULTANTS. APPLICANT SHALL SUBMIT ITS TRAFFIC STUDY TO THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION WITH RESPECT TO THE TIMING OF THE TRAFFIC SIGNAL AT THE OLD ARMY ROAD AND UNDERHILL ROAD APPROACHES TO CENTRAL PARK AVENUE IN THE VICINITY OF THE SITE. IF THE DAYCARE CENTER CEASES TO OPERATE AND OR THE PLAYGROUND IS REMOVED, THE CANOPY SHALL ALSO BE REMOVED. THIS VARIANCE IS CONDITIONED UPON THE APPLICANT OBTAINING REVISED SITE PLAN APPROVAL FROM THE PLANNING BOARD AND COMPLYING WITH ANY CONDITIONS THE PLANNING BOARD MAY CHOOSE TO IMPOSE ON SUCH APPROVAL. SECOND. ALL IN FAVOR, AYE. AYE. AND THE CHAIR VOTES AYE. NEXT IS CASE 24 13 4 50 AND FOUR 60 TERRYTOWN ROAD AND WHEREAS THE GREENBERG ZBA HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO SEEKER COMPLIANCE, UM, SORRY, I'M GONNA READ THIS ONE TOO. AND FROM A SEEKER'S PERSPECTIVE, THE PLANNING BOARD LEAD AGENCY IN A COORDINATED REVIEW WITH THE ZONING BOARD RENDERED A NEGATIVE DECLARATION RELATED TO THE UNLISTED ACTION. THEREFORE, NO OTHER ENVIRONMENTAL [03:00:01] REVIEW FINDINGS ARE NEEDED FROM THE ZONING BOARD. SECOND. ALL IN FAVOR? AYE. AYE. I'M OPPOSED TO THIS ONE. YOU SAY NAY. NAY AND THE CHAIR VOTES. AYE. UM, OKAY. I HAVE THE MOTION. UM, I MOVE THAT APPLICATION IN CASE 24 13 BE GRANTED PROVIDED THAT THE APPLICANT OBTAINS ALL NECESSARY APPROVALS AND FILES, SAME WITH THE BUILDING DEPARTMENT. THE VARIANCES GRANTED HEREIN ARE 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 ZONING REQUIREMENTS WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACKS, OR OTHER VARIANCES WE HAVE APPROVED HEREIN. ANY REOCCUPATION OF THE SITE MUST INCLUDE LANDSCAPING AND COMPLIANCE WITH THE LANDSCAPE PLAN PREVIOUSLY APPROVED BY THE PLANNING BOARD AS PART OF ITS SUBDIVISION APPROVAL. SECOND. ALL IN FAVOR? AYE. OPPOSED? AND THE CHAIR VOTES. AYE. ONCE AGAIN THOSE FINDINGS WILL ALL BE ENTERED INTO THE RECORD AT A LATER DATE. UM, ALRIGHT, MOVING ON TO CASE 24 17. WHEREAS THE GREENBERG ZBA HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO SEEKER COMPLIANCE AND NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SEEKER CONSIDERATION. SECOND. ALL IN FAVOR? AYE. AYE. AND THE CHAIR VOTES? AYE. DO I HAVE A MOTION? I THINK WE HAVE A NAY. NO, I I DON'T OBJECT TO THE SEE, I OBJECT TO THE SO I THINK I IT'S YAY TO THE FIRST PART. IT'S THE NAY COMES IN THE SECOND PART. SORRY. YEAH, THAT'S OKAY. YES, MADAM CHAIR, I HAVE A MOTION. I MOVE THAT THE APPLICATION IN CASE 24 17 BE GRANTED PROVIDING THAT THE APPLICANT OBTAIN ALL NECESSARY APPROVALS AND FILES, 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 APRIL 8TH, 2024 AND STAMP RECEIVED JULY 15TH, 2024. SUBMITTED ITS SUPPORT OF THIS APPLICATION OR AS SUCH, PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN. PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN. THE VARIANCES BEING GRANTED ARE FOR THE APPROVEMENT SHOWN ON THE PLANS 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 HAVE APPROVED HEREIN. SECOND. ALL IN FAVOR? AYE. AYE. NAY AND THE CHAIR VOTES. AYE. THANK YOU. UM, MOVING, MOVING ON TO CASE NUMBER 24 18. THANK YOU. 24 18. UM, 24 18 WHEREAS THE GREENBERG ZBA HAS REVIEWED THE ABOVE REFERENCED APPLICATION WITH REGARD TO SEEKER COMPLIANCE AND NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SEEKER CONSIDERATION. SECOND. ALL IN FAVOR, AYE. AYE. AND THE CHAIR VOTES AYE TO HAVE A MOTION I MOVE THAT THE APPLICATION CASE NUMBER 24 DASH 18 BE GRANTED. PROVIDED THAT ONE, THE APPLICANT OBTAINED ALL NECESSARY APPROVALS AND FILE SAME WITH THE BUILDING DEPARTMENT. TWO. 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 JULY 15TH, 2024 SUBMITTED IN SUPPORT OF THIS APPLICATION OR AS SUCH, PLANS MAY BE HERE AND 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 BEING GRANTED IS 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 ARMS SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES WE HAVE APPROVED HEREIN. SECOND. ALL IN FAVOR? AYE. AYE. AYE. AND THE CHAIR VOTES. AYE. AND LASTLY, WE HAVE CASE NUMBER 24 20 WHEREAS THE GREENBERG ZBA HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD [03:05:01] TO C EKER COMPLIANCE AND NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION, EXCUSE ME, IS A TYPE TWO ACTION REQUIRING NO FURTHER SEEKER CONSIDERATION. SECOND. ALL IN FAVOR? AYE. AYE. AYE. AND THE CHAIR VOTES. AYE. WE HAVE A MOTION. UH, I DO MADAM CHAIR. OH, SORRY. I DO CHRISTIE . UM, I MOVE THAT THE APPLICATION IN CASE NUMBER 24 20 BE GRANTED PROVIDED THAT THE APPLICANT OBTAIN ALL NECESSARY APPROVALS AND FILE SAME WITH THE BUILDING DEPARTMENT. THAT 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, UH, DATE STAMPED RECEIVED JULY 15TH, 2024, SUBMITTED IN SUPPORT OF THIS APPLICATION. OR AS SUCH, PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN PROVIDED AS SUCH, MODIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN. THE VARIANCE IS BEING GRANTED IS 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 HAVE APPROVED HEREIN. MAY I GET A SECOND? SECOND. SECOND. ALL IN FAVOR? AYE. AYE. AYE. OH AYE. CHAIR VOTES. AYE. AND WITH THAT WE CONCLUDE THIS EVENING'S ZONING BOARD OF APPEALS MEETING. THANK YOU EVERYONE. . WOOHOO. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.