* 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. [00:00:02] IN [ TOWN OF GREENBURGH PLANNING BOARD AGENDA WEDNESDAY, September 4, 2024 – 7:00 P.M. Meetings of the Planning Board will be adjourned at 10:00 p.m. ] PROGRESS. WE'RE ALL SET. OKAY. UH, WELCOME TO THE SEPTEMBER 4TH PLANNING BOARD MEETING. MY NAME IS MICHAEL GOLDEN. I'LL BE ACTING CHAIR FOR THE MEETING. AARON, CAN YOU CALL THE ROLE? SURE. MR. GOLDEN HERE STILL. MS. DAVIS? HERE. MR. PINE HERE. AND ON ZOOM. MR. DESAI HERE. GREAT. NOT PRESENT THIS EVENING. OR MR. HAY AND MR. SNAGS. OKAY. NOW, AMANDA, COULD YOU EXPLAIN WHY WE HAVE A QUORUM, EVEN THOUGH HERE IS, UM, NOT PHYSICALLY PRESENT? SURE. UM, SO PURSUANT TO PUBLIC OFFICER'S LAW 1 0 3 DASH A, UH, WHICH IS IN EFFECT UNTIL JULY, 2026, UNLESS EXTENDED FURTHER, UM, THE TOWN IS ABLE TO CONDUCT VIDEO CONFERENCING TO CONDUCT ITS MEETINGS, PROVIDED THAT CERTAIN REQUIREMENTS ARE MET. UM, IN ORDER TO DO SO, THE TOWN NEEDED TO ADOPT A LOCAL LAW OR ORDINANCE OUTLINING THE REQUIREMENTS FOR SUCH ATTENDANCE. UM, THE TOWN HAD ADOPTED CHAPTER 5 95 REGARDING MEETINGS, UM, AND ONE OF THE REQUIREMENTS IS TO POST THE LOCATIONS OF ALL THE MEMBERS ATTENDING. UM, WE HAVE POSTED IZED LOCATION ON THE AGENDA SO THAT ANYONE THAT WISH TO ATTEND COULD ATTEND. ANOTHER REQUIREMENT IS THAT HE, UH, BE, UH, SHOWN ON THE SCREEN, UM, PARTICIPATING, ABLE TO SPEAK TO EVERYONE, AND THAT, UM, OTHERS ARE AVAILABLE TO ATTEND AT TOWN HALL IF THEY WISH. THANK YOU. YOU'RE WELCOME. UM, THERE HAVE BEEN A NUMBER OF PLANNING BOARD CHANGES, WHICH I'D LOOK TO LIKE TO BRIEFLY GO OVER BEFORE WE START. YU SCHWARTZ HAS BEEN REPLACED AND IS NO LONGER ON THE PLANNING BOARD. UH, WALTER SIMON HAS RESIGNED. UH, DYLAN PINE IS OUR NEW MEMBER. HE'S A REGULAR PLANNING BOARD MEMBER, AND AISHA SPARKS REMAINS AS THE ALTERNATE. BEFORE WE INTRODUCE DYLAN, I'D LIKE TO SAY A COUPLE OF WORDS ABOUT YOU AND, UH, WALTER. BOTH YOU AND WALTER HAVE, HAVE EACH SPENT OVER 20 YEARS ON THE PLANNING BOARD. THEY'VE BEEN DEDICATED, HARDWORKING, AND CONTRIBUTED A TREMENDOUS AMOUNT OF KNOWLEDGE AND INSIGHT INTO THE PLANNING BOARD'S ACTIVITIES. THEY WILL BOTH BE MISSED, PARTICULARLY BY ME. UM, DYLAN, DID YOU INTRODUCE YOURSELF BRIEFLY? UH, SURE. YES. UH, I AM DYLAN PINE. UH, I WAS BORN AND RAISED HERE IN GREENBURG. UM, MOST RECENTLY IN MY ADULT LIFE. I'VE BEEN HERE FOR ABOUT 14 YEARS NOW. UM, BEEN A LONG TIME COMMUNITY ACTIVIST. UH, MOST RECENTLY I'VE SERVED ON, UH, THE EDGEMONT COMMUNITY COUNCIL BOARD, UH, AND RECENTLY SERVED AS PRESIDENT. THANK YOU. GREAT. OKAY. APPROVAL OF MINUTES, MICHAEL. SORRY. SO, UM, LIZ GARRITY, OUR, UH, DEPUTY BUILDING INSPECTORS ATTENDING TONIGHT IN HER CAPACITY AS A LEGAL STUDENT THAT LOOKING FOR CREDIT HOURS TO ATTEND AND SEE SOME BOARD MEETINGS. WELL, WE'LL TRY AND MAKING ENTERTAINING SO YOU CAN GET THOSE HOURS. . UM, WELL, THANK YOU. UH, APPROVAL OF THE MINUTES. YES. ANYBODY HAVE ANY COMMENTS OR CORRECTIONS TO THE MINUTES? LESLIE, ERIC? NO. OKAY. I CALL FOR MOTION TO CALL FOR MOTION TO APPROVE THE MINUTES. UH, I MAKE A MOTION. YOU READ THEM? I, I READ THEM. YES. ARE YOU, DID YOU VIEW THE MEETING? I DID. YOU CAN VOTE. OKAY. YOU CAN. ANYBODY SECOND? I SECOND. ALL IN FAVOR? AYE. AYE. AYE. OKAY, NEXT. THANK YOU. I UNDERSTAND THERE'S NO CORRESPONDENCE. IS THAT CORRECT? NONE OUTSIDE OF PROJECTS THAT ARE ON THE AGENDA GONNA BE DISCUSSED. OKAY. UM, ALRIGHT. FIRST ORDER OF BUSINESS IS PB 1926 KAUFMAN. RIGHT. SO WHY DON'T YOU DESCRIBE THE, UH, APPLICATION AS ACTING CHAIR GOLD MENTIONED. UH, WE HAVE A DRAFT DECISION THAT WAS CIRCULATED FOR THE KAUFMAN SUBDIVISION 36 HILLCREST AVENUE, PO ARDSLEY, NEW YORK. IT'S A LETTER OF FINAL SUBDIVISION AND TREE REMOVAL PERMIT APPROVAL. THE APPLICANT HAS SUBMITTED THE FINAL PLAT, UH, AS LONG AS, AS WELL AS ALL ASSOCIATED FEES TO THE DEPARTMENT. THERE HAVE BEEN NO SUBSTANTIVE CHANGES SINCE THE PRELIMINARY PLAT WAS APPROVED. FURTHER, AS A REQUIREMENT OF PRELIMINARY SUBDIVISION APPROVAL, UH, THE APPLICANT WAS TO APPLY TO THE VILLAGE OF ARDSLEY IN CONNECTION WITH A ROAD WIDENING OF SPRINGWOOD AVENUE INTO THE VILLAGE. THEY DID SUBMIT THAT APPLICATION, THEY WERE APPROVED AND WE CIRCULATED A COPY OF THE CONDITIONS, UH, OF, OF THAT APPROVAL [00:05:01] TO THE BOARD. AND THOSE WILL BE ATTACHED AS AN APPENDIX TO THIS DECISION IF IT'S, UH, APPROVED TONIGHT. SO THERE ARE A FEW VOTES HERE TONIGHT. FIRST WOULD BE FOR THE PLANNING BOARD TO CONSIDER WAIVING THE PUBLIC HEARING ON THE FINAL SUBDIVISION APPLICATION, FOLLOWED BY CONSIDERATION OF THE FINAL SUBDIVISION APPROVAL. AND LASTLY, THE TRUE REMOVAL PERMIT. OKAY. UM, CAN SOMEBODY MAKE A MOTION TO WAIVE THE PUBLIC HEARING? MOVE TO WAIVE THE PUBLIC HEARING. SECOND. ALL IN FAVOR? AYE. AYE. HERE? AYE. OKAY. NEXT. UM, FIRST, DOES ANYBODY HAVE ANY QUESTIONS ON THIS WRITTEN APPROVAL FOR THE FINAL SUBDIVISION THAT HAVE BEEN CIRCULATED? ARE THERE ANY SPECIAL CONDITIONS? SO I'LL JUST RECITE, UNLESS THERE ARE ANY QUESTIONS. I'LL RECITE ONE OF THE CONDITIONS, UH, THAT WAS UPDATED FROM THE PRELIMINARY NOW TO THE FINAL. IT'S CONDITION 5.1 ON PAGE EIGHT, AND IT STATES THAT THE APPLICANT MUST WIDEN SPRINGWOOD AVENUE IN CONFORMANCE WITH THE PLANS LISTED IN SECTION ONE OF THIS APPROVAL AND CONDITIONS PROVIDED BY THE VILLAGE VARLEY BY EMAIL DATED AUGUST 16TH, 2024. APPENDIX C, THE APPLICANT MUST WIDEN THE ROADWAY ACROSS THE TOWN VILLAGE BOUNDARY LINE TO AT LEAST THE EXTENT OF THE APPLICANT'S 25 FOOT WIDE TAX PARCEL, PARTIAL ID SIX POINT 80 DASH 79 DASH 13 POINT L EIGHT, WITH THE OBJECTIVE BEING TO WIDEN SPRINGWOOD AVENUE TO 20 FEET ACROSS THE APPLICANT'S ENTIRE FRONTAGE WITH THIS ROADWAY. AND THAT WAS THE APPLICATION THAT YOU MENTIONED BEFORE THAT ODDLY APPROVED? THAT'S CORRECT. OKAY. SO BEYOND THAT, THERE AREN'T ANY OTHER CONDITIONS THAT I WOULD BRING TO YOUR ATTENTION. THE REC RECREATION FEE HAS BEEN PAID AS I MENTIONED BEFORE, AND UNLESS THERE ARE ANY OTHER QUESTIONS, WE CAN MOVE FORWARD. OKAY. CAN I HAVE A MOTION TO APPROVE THE FINAL SUBDIVISION FOR, UH, KAUFMAN? CAN I MOVE TO APPROVE THE FINAL SUBDIVISION? SECOND. I'LL SECOND. ALL IN FAVOR? AYE. AYE. HERE, YOU GOTTA RAISE YOUR HAND. THANK YOU. OKAY. CARRIE, CAN YOU SEE IT? ? YES. NICE. RAISE BOARD THEN. NO, NO, JUST ONE IS ENOUGH. ONE IS ENOUGH. OKAY. UM, FINALLY, UM, COULD I HAVE A MOTION TO APPROVE THE TREE REMOVAL PERMIT OR TO ISSUE THE TREE REMOVAL PERMIT ISSUE? THE TREE REMOVAL PERMIT. OH, TO ISSUE THE TREE REMOVAL? YES. YEAH. YOU GOOD WITH THAT? YES. I MOVE TO ISSUE THE TREE REMOVAL PERMIT. SECOND. ALL IN FAVOR? AYE. AYE. AYE. THERE YOU GO. OKAY, GREAT. OKAY, NEXT. PB 2324 LEE AND CHANG CHANG, TWO 60 SOUTH KELY AVENUE. UM, AARON, COULD YOU DESCRIBE THAT APPLICATION? SURE. SO AGAIN, AS ACTING CHAIR, GOLDEN MENTIONED PB 2324 LI CHANG, TWO 60 SOUTH HALEY AVENUE, PO SCARSDALE. YOU HAVE BEFORE YOU, UH, AND WAS CIRCULATED IN THE PACKAGES, A LETTER OF PLANNING BOARD, WETLAND WATERCOURSE PERMIT AND TREE REMOVAL PERMIT APPROVAL. UM, IF YOU RECALL, THIS PROJECT INVOLVES THE CONSTRUCTION OF A NEW SINGLE FAMILY HOME IN PLACE OF A HOME THAT HAD, UH, BURNT, BURNT OUT. AND, UH, THE APPLICANT WENT THROUGH THE CONSERVATION ADVISORY COUNCIL, RECEIVED A POSITIVE RECOMMENDATION, MET WITH THE BOARD, HAD A PUBLIC HEARING, AND IS NOW UP FOR THIS DECISION. THERE ARE FEW VOTES THIS EVENING. FIRST WOULD BE TO CLASSIFY THE PROJECT AS A TYPE TWO ACTION UNDER SEEKER TWO TO CONSIDER A DECISION ON THE WETLAND WATERCOURSE PERMIT APPLICATION. AND THREE, TO CONSIDER A DECISION ON THE TREE REMOVAL PERMIT APPLICATION WITH RESPECT TO CONDITIONS. I DID WANT TO NOTE THAT SECTION FOUR ON PAGE FIVE, 4.1 STATES THAT THE APPLICANT SHALL CLEAR THE WATERCOURSE OF ANY DEBRIS OR BLOCKAGES ON THE APPLICANT'S PROPERTY THAT WAS DISCUSSED BEFORE THIS BOARD. 4.2. AT THE REQUEST OF THE CONSERVATION ADVISORY COUNCIL STATES THAT THE APPLICANT SHALL KEEP THE SLOPED SOUTHERLY FRONT AND SIDE YARD DOWN TO THE WATERCOURSE IN A VEGETATED AND MAINTAINED STATE TO PREVENT EROSION AND ASSIST WITH SLOPE STABILIZATION. IS THE APPLICANT OKAY WITH THOSE TWO CONDITIONS? WE CIRCULATED, UH, COPY. THEY DID NOT OBJECT TO ANYTHING THAT WAS CIRCULATE. OKAY, THANKS. OKAY. SO THE FIRST VOTE IS TO CLASSIFY THIS AS A TYPE TWO ACTION UNDER SECRET. BUT BEFORE WE DO THAT, AARON, COULD YOU REMIND US WHAT A TYPE TWO ACTION IS UNDER CCRA? RIGHT. SO IN CONNECTION WITH THIS PROJECT, TYPE TWO ACTIONS, UH, THERE ARE A NUMBER OF THEM, BUT, UH, [00:10:01] CONSTRUCTION OF A SINGLE FAMILY HOME ON AN APPROVED LOT CONSTITUTES A TYPE TWO ACTION UNDER C. OKAY. AND THAT'S WHAT THIS IS. AND CAN WE HAVE A MOTION TO CLASSIFY IT AS A TYPE TWO? I MOVE TO CLASSIFY IT AS A TYPE TWO ACTION OF RECEIVER. SECOND. I SECOND. ALL IN FAVOR? AYE. AYE. UH, NEXT TO APPROVE THE WETLAND WATERCOURSE PERMIT HAVE A MOTION. SO MOVED. SECOND. ALL IN FAVOR? AYE. AYE. THIRD TO ISSUE THE TREE REMOVAL PERMIT. CORRECT. DID YOU VOTE CORRECT? YOU RAISED THIS HAND. YOU DID? YEAH. YES. THANK YOU. THANK YOU. I GUESS YOU GOTTA BOTH RAISE YOUR HAND AND SAY, YES, THAT'S THE LAW. IT'S THE LAW. WE'LL TRY. UM, OKAY. MOTION TO APPROVE THE TREE REMOVAL PERMIT. SO MOVED. SECOND, SECOND, SECOND. A ALL IN FAVOR? AYE. AYE. YES. AYE. ARE WE GOING TOO FAST ERIC? NO, THIS IS GREAT PACE. HE'S NEVER GONNA SAY NO TO THE . I WAS KIDDING. ALRIGHT. OKAY. NEXT IS, UH, PB 2203 JACKSON AVENUE. SO I CAN DESCRIBE THAT A LITTLE BIT. SURE, AARON. SURE. SO AS ACTING CHAIR, GOLDEN MENTIONED CASE NUMBER PB 22 DASH ZERO THREE, DR. JACKSON AVENUE NURSERY, 2 79 JACKSON AVENUE, UH, PO SCARSDALE. THIS IS FOR A PLANNING BOARD, AMENDED SITE PLAN, PLANNING BOARD, STEEP SLOPE PERMIT, AND WET AND WATERCOURSE PERMIT APPLICATION. THE APPLICANT'S BEEN BEFORE THE BOARD TWICE ON APRIL 17TH OF THIS YEAR, AS WELL AS AUGUST 7TH. UM, AND I'LL LET THE APPLICANT WALK THROUGH THE PROPOSAL AND THEN THE LETTER THAT WAS SUBMITTED TO THE BOARD. GOOD EVENING. MEMBERS OF THE BOARD. MY NAME IS WILLIAM SCHNEIDER WITH PS AND S ENGINEERING WITH ME IS, UH, LAUREN FINNEGAN, ALSO OF PSNS, AN ENGINEER WITH US AND THE OWNER OF THE PROPERTY, SAL, OLIVIA. AND WHAT WE'D LIKE TO DO HERE, UM, THIS IS A, A PECULIAR PIECE OF PROPERTY IN THAT THERE'S A PORTION IN THE CITY OF YONKERS IN THE BACK. AND, UM, OUR CLIENT WENT TO THE CITY OF YONKERS YEARS AGO AND WANTED TO CONTINUE TO USE THAT REAR PROPERTY FOR THE BUSINESS, WHICH HE HAS THERE. NOW, CITY OF YONKERS DENIED THAT AND SAID, SORRY, IT'S A RESIDENTIAL PRO. IT'S RESIDENTIAL LEASE ZONED AND YOU HAVE TO USE IT FOR RESIDENTIAL. SO MY CLIENT SAID, OKAY, IT'S GONNA BE DIFFICULT, BUT I'LL TRY. SO IN DISCUSSIONS WITH THE CITY OF YONKERS, UH, WE PROPOSED THAT WHAT WE WOULD DO IS PROVIDE A DRIVEWAY FROM JACKSON AVENUE TO THE BACK OF THE PROPERTY, TO THE YONKERS PROPERTY, AND THEN DEVELOP SINGLE FAMILY HOMES AS YONKERS SUGGESTED. AND THAT'S REALLY HOW THIS THING, UM, GOT STARTED. SO OUR APPLICATION TO, UH, TO THE TOWN OF GREENBERG STEMS FROM YONKERS SAYING TO US THAT THEY WON'T CONSIDER THE SUBDIVISION AS YOU CAN SEE THERE, UNLESS, UH, GREENBERG WOULD AGREE TO A DRIVEWAY AFTER GREENBERG AGREE AGREES TO CONSIDER A DRIVEWAY, THEN YOU CAN COME SEE US. BECAUSE THE RULE IN YONKERS AND IN MANY MUNICIPALITIES IS, IS THAT YOU CANNOT, UH, HAVE A SUBDIVISION AND YOU CANNOT HAVE, UH, ZONING COMPLIANT LOTS UNLESS THEY FRONT ON A STREET OR A DRIVEWAY THAT APPEARS ON THE OFFICIAL SITTING THERE. SO WHAT WE'RE GOING TO DO IS THAT LITTLE SLIVER THAT YOU SEE THERE, THAT'S IN THE CITY OF YONKERS THAT WILL GET MAPPED AND WILL THEN APPEAR ON THE OFFICIAL CITY MAP, AND IT WILL BE OFFICIALLY THE SMALLEST DRIVEWAY STREET IN THE CITY OF YONKERS. WE HAVEN'T DECIDED ON THE NAME YET. BUT ANYWAY, THAT'S, UH, THAT'S THE REASON FOR THAT. AND THEN WE HAVE THE FOUR ZONING COMPLIANT LOTS, WHICH WILL FRONT ON A STREET THAT APPEARS ON THE OFFICIAL CITY MAP. NOW, IN DISCUSSIONS WITH THE CITY OF YONKERS, THEY'VE SAID THAT THEY WOULD DEFINITELY CONSIDER THAT, RIGHT? IF I COULD GET, IF THE TOWN AGREEMENT AGREED TO HAVE THE DRIVEWAY. UH, I ALSO HAD DISCUSSIONS WITH THE, UH, WESTCHESTER COUNTY DEPARTMENT OF HEALTH SEVERAL YEARS AGO, UH, THAT, UH, WOULD THEY CONSIDER THIS, UH, SUBDIVISION, UH, AS, AS DEPICTED? AND THEY SAID THEY WOULD NOT GET PROMISED ME ANYTHING, BUT THEY WOULD CONSIDER IT. UH, WE'D BE PROVIDING PUBLIC WATER AND THERE WOULD BE FOUR INDIVIDUAL SEWER CONNECTIONS TO THE STREET IN YONKERS, UH, ON LOW PRESSURE FORCE MEANS. SO THAT IS SOMETHING THAT THEY'VE CONSIDERED IN THE PAST AND THAT THEY WOULD CONSIDER IT AGAIN, WHAT'S A LOW PRESSURE FORCE MEAN? IT'S NOT GRAVITY. IT, IT IS NOT. THESE ARE SYSTEMS THAT ARE, UM, THE, UH, THE, THE BRAND USED TO BE CALLED ENVIRONMENT ONE. I THINK THEY WERE BORED OUT BY SOMEBODY. BUT THEY HAVE [00:15:01] A, A PUMP SYSTEM THAT'S BASICALLY IN A CAN IN A CAN. IT'S PROPRIETARY. BASICALLY HAVE TO PUMP IT UPHILL YES. INTO YONKERS SOMEWHERE. RIGHT. IT'LL, IT'LL FUNCTION LIKE THE HOMEOWNER. IT'LL BE JUST LIKE ANY OTHER APPLIANCE. OKAY. AND IT'LL BE, IT'LL PUMP IT UP, IT MACERATE IT AND SENDS IT UP AT A LOW PRESSURE, BUT IT'S LOW PRESSURE, BUT IT'S VERY STRONG AND CAN GO EASILY A HUNDRED FEET AHEAD. SO, UH, THE CHANCE OF A BLOCKAGE OR LIKE NIL. SO, UM, IT'S A VERY STRONG, IT'S ACTUALLY SIMILAR TO A SLUDGE PUMP. VERY, VERY TOUGH PUMP. AND THAT'S WHAT WE'RE PROPOSING TO DO THAT. AND THE COUNTY WOULD THEN CONSIDER THAT, UH, AS A SUB, UH, AS AN APPROVED SUBDIVISION. UH, AND, AND THAT'S REALLY THE PROCEDURE THAT WE'RE TRYING TO DO. AND, AND THE WAY, UM, I WOULD ENVISIONED IT IS THAT, UH, THE APPROVALS FROM THE TOWN OF GREENBURG WOULD ALWAYS BE CONTINGENT UPON THE SUBDIVISION BEING APPROVED BECAUSE THERE'S NO NEED FOR THE DRIVEWAY IF THERE'S NO SUBDIVISION, RIGHT? SO AS WE MOVE FORWARD THROUGH THE PROCESS, AND WE, WE HAVE OUR OPPORTUNITY TO MEET WITH THE ZONING BOARD OF APPEALS TO LOOK FOR THESE VARIANCES. UM, I MEAN, THEY COULD ALWAYS CONDITION THEIR APPROVAL ON, ON, UH, APPROVAL OF THE SUBDIVISION. HOWEVER, THERE ARE SOME THINGS HERE ON THE SITE THAT WILL NEED TO BE, AS WE SAY, LEGALIZED ANYWAY, SOME OF THE IMPROVEMENTS THAT, THAT WILL BE, UM, MEMORIALIZED FOREVER, EVEN IF WE DON'T COME BACK AND DO THE SUBDIVISION, UH, WE WOULD SEEK SITE PLAN APPROVAL FROM THE PLANNING BOARD AFTER THE VARIANCES ARE GRANTED, JUST SO THAT THE SITE EXISTS AS IT IS LEGALLY, UM, YOU KNOW, FOR, UH, THE FORESEEABLE FUTURE. AND THAT'S REALLY WHERE WE ARE AT THE MOMENT, LOOKING TO GET REFERRED TO THE ZONING BOARD OF APPEALS WHERE WE WILL THEN PLEAD OUR CASE FOR THE VARIANCES. AND GO AHEAD. GO AHEAD, . I WAS GOING TO ASK IF YOUR APPLICATION'S BEEN MADE TO THE ZONING BOARD, AND IF YOU'RE ON THE CALENDAR, IT HAS NOT BEEN MADE YET, BUT JUST TO THE MIC, GO AHEAD. OH, JUST TO THE MIC. HI. IT HAS NOT BEEN SUBMITTED YET, BUT WE'VE BEEN IN COMMUNICATIONS WITH KIRA JONES, THE SECRETARY, AND WE'LL BE SUBMITTING IT IN A FEW DAYS. OKAY. AND WHAT AND WHAT DATE DO WE THINK WE'RE GONNA GET ON? UH, FOR THE OCTOBER MEETING, CORRECT? MM-HMM? . YES. OKAY. DUE THE 16TH FOR THE OCTOBER MEETING, RIGHT? MM-HMM. . UM, COUPLE OF THINGS. FIRST, UM, I THINK, I THINK AT THE LAST PLANNING BOARD MEETING, IT WAS GENERALLY AGREED THAT ANY APPROVAL BY GREENBERG WOULD BE CONTINGENT ON YOUR FINISHING THE ENTIRE PROJECT, OTHERWISE IT DISAPPEARS. RIGHT. JUST LIKE YOU SAID. UM, SECOND, UM, AT, AT THE LAST MEETING, PLAINTIFF, WE REQUESTED A LETTER, WHAT STEPS HAVE TO BE TAKEN? YOU KNOW, THE PLANNING, WE WILL PROCEED WITH THE DRIVEWAY, BUT WHAT ELSE HAS TO BE DONE AND IN WHAT ORDER? VERY BRIEFLY, COULD YOU JUST LET US KNOW THEY DID PROVIDE A STEP BY STEP LIST? YEAH. SO WE'LL THROUGH THAT? YEAH. JUST SUMMARIZE IT. YEAH. DON'T, DON'T READ OR ANYTHING. OKAY. WELL, THE STEP ONE, UH, IN THIS, AFTER SPEAKING WITH THE CITY OF YONKERS, UM, YOU COULD, WHY NOT? I'LL SHARE THE EYES. SHE'S BETTER WITH THE MODERN TECHNOLOGY THAN I AM . OKAY, GOOD. AS I MENTIONED EARLIER, THE FIRST STEP IS ALWAYS TO, UM, TO SATISFY YONKERS BY, BY SHOWING THAT THE TOWN OF GREENBURG WOULD BE WILLING TO CONSIDER A DRIVEWAY, OTHERWISE EVERYTHING ELSE IS A MOOT POINT. AND THAT'S REALLY THE STEP ONE, WHICH IS, WHICH IS WHY WE'RE HERE, IS TO SEEK APPROVAL OF THE PLANNING BOARD AND THE ZONING BOARD TO GET THIS DRIVEWAY. AFTER THIS DRIVEWAY IS, IS, UH, APPROVABLE AND THE CITY OF YONKERS SEES THAT THAT'S POSSIBLE. I AM THEN GOING TO GO BACK TO THE CITY OF YONKERS, AND THEN WE WILL ACTUALLY SPEND THE MONEY SURVEY AND CREATE THE SUBDIVISION AND THEN SIT WITH THE CITY OF YONKERS, UH, PLANNING BOARD, HAVE A WORK SESSION WITH THEM, AND WE WILL, WE WILL, UH, WORK OUT, UH, THE SUBDIVISION APPROVAL THROUGH THEM. RIGHT. AND, UH, AT THE SAME TIME, WE WILL PURSUE IT, BE PURSUING A, UM, A DESIGN OF THE WATER MAIN AND ULTIMATELY, UH, WE WILL BE FILING THEN WITH THE WESTCHESTER COUNTY DEPARTMENT OF HEALTH AFTER THE CITY OF YONKERS APPROVES THE SUBDIVISION. AND THAT'S REALLY IT IN, IN NUTSHELL. OKAY. UM, ONE SECOND. ARE WE IN A POSITION TO MAKE A RECOMMENDATION OF THE ZDA AT THIS MEETING? YOU MAY. SO FOR INSTANCE, UM, WE HAVEN'T GONE THROUGH THE VARIANCES REQUIRED. YOU ASK THE A APPLICANT TO DO THAT. I HAVE THEM IN FRONT OF ME IF YOU NEED ME TO GO THROUGH THEM. I THINK WE HAVE HAPPY TO DO SO. I STILL HAVE A QUESTION. THEY, THEY HAVEN'T MADE APPLICATIONS, SO EXCUSE ME. YOU KNOW, WE HAVE TIME TO DO IT. UM, CERTAINLY. SO LET ME ASK, LEMME ASK, WELL, IF, IF WE MAKE, IF WE, IF WE MAKE THE RECOMMENDATION TODAY, THEN THEY DON'T HAVE TO APPEAR BEFORE US UNTIL THEY'RE FINISHED WITH THE ZBA. [00:20:01] RIGHT? THEY WOULDN'T, HOWEVER, THE BOARD PRIOR TO MAKING THE RECOMMENDATION WOULD ALSO HAVE TO CONSIDER A SECRET DETERMINATION. WE HAVEN'T DRAFTED THAT YET. WHAT WE ENVISIONED WAS A DISCUSSION TONIGHT, AND THEN DIRECTION FROM THE BOARD ON PREPARING A DRAFT SECRET DETERMINATION AS WELL AS A RECOMMENDATION. SO THE BOARD CAN CERTAINLY DISCUSS THE VARIANCES. MM-HMM. . AND IF THEY'RE LEANING IN A DIRECTION BASED ON THE DISCUSSION TONIGHT, WE CAN DRAFT SOMETHING UP FOR THE NEXT MEETING. OKAY. SO MY QUESTION HAD TO DO WITH THE WATER CONNECTION. RIGHT? SO I'D ASKED LAST TIME ABOUT WHETHER YOU WERE CURRENTLY IN AN EXISTING WATER DISTRICT IN YONKERS, AND THEN, UM, I KNOW YOUR INTENTION IS TO CONNECT TO THE GREENBERG WATER, UH, DISTRICT. AND YOU, AND YOU KIND OF ALLUDED TO THAT IN YOUR LETTER, UM, THAT, SO THERE'S CAPACITY AVAILABLE FROM YONKERS AND YOU MIGHT BE ABLE TO CONNECT THROUGH THAT EASEMENT. THAT'S CORRECT. BUT, BUT THEN IT SAYS THAT WATER MAY BE REQUESTED FROM THE GREENBURG WATER DISTRICT AND GAVE EXAMPLES OF OTHER PROPERTIES THAT DO GET WATER FROM GREENBURG. IT DIDN'T ANSWER THE QUESTION ABOUT WHETHER THE PROPERTY ITSELF IS CURRENTLY IN A WATER DISTRICT. . OKAY. UM, WELL, MOST OF, UH, MR. OLIVIA'S PROPERTY IS IN HIS, HIS WATER DISTRICT. UM, THE YONKERS PROPERTY, I DON'T KNOW EXACTLY WHERE THE DEMARCATION LINE IS. SO I I COULDN'T TELL YOU THAT AT THIS TIME. UH, HOWEVER, WE, IT IS POSSIBLE, UH, THE APPLICANT, UH, IT WILL BE POSSIBLE FOR HIM TO ENTER INTO DISCUSSIONS WITH THE PROPERTY OWNER TO SEE IF WE CAN GET, UM, A WIDER EASEMENT. WE WOULD NEED A WIDER EASEMENT IN ORDER TO GET A WATER MAIN THERE. SO YOU DON'T KNOW AT THIS POINT IN TIME NO. WHETHER, OKAY. YEAH, WE DON'T KNOW IF THAT'S POSSIBLE. NOW, THE WATER SUPERINTENDENT, CERTAINLY, UH, SHE TOLD ME THAT IT'S CERTAINLY POSSIBLE IF YOU CAN GET ME A WIDER EASEMENT AND THEN WE CAN GO THAT WAY. HOWEVER, WE DEFINITELY WANTED TO LEAVE OPEN THE POSSIBILITY OF GETTING THE WATER THROUGH GREENBURG CONSIDERING THAT THIS PARTICULAR SITUATION IS NOT UNIQUE. AND I, I CITE SOME EXAMPLES THERE WHERE, UM, YOU KNOW, WHERE IT DOES OCCUR AND THAT, UM, YOU KNOW, WE CAN MAKE IT HAPPEN USING THE PROPER NEW YORK CITY WATER METER AND WORKING WITH THE, UH, WITH THE TWO WATER DEPARTMENTS. IT CAN DEFINITELY HAPPEN. NOW YOU NEED THAT WIDER EASEMENT THAN YONKERS BECAUSE THE WATER HAS TO BE SEPARATED FROM THE SEWER BY A CERTAIN NUMBER OF THAT'S THE WAY SHE WOULD LIKE IT. YES. NOW IT'S REQUIRED, THE REQUIREMENTS FOR THE 10 FOOT HORIZONTAL SEPARATION REALLY ONLY APPLY TO PUBLIC WATER AND PUBLIC SEWER. IN THIS CASE, WE HAVE PRIVATE SERVICE CONNECTIONS. THE PLUMBING CODE HAS A SLIGHTLY DIFFERENT REQUIREMENT FOR THAT. I, I WAS JUST CURIOUS. I DON'T WANNA BELABOR THAT'S REALLY ISSUE. SHE WANTS THAT. AND IF THAT'S WHAT THE SUPERINTENDENT OF WATER WANTS, WE WOULD NEED TO ACCOMMODATE HER. RIGHT. OKAY. IS THERE A PREFERENCE? EITHER WAY, ONLY BECAUSE WE'RE GONNA DOCUMENT IN ANY SECRET DETERMINATION THERE'S A PREFERENCE OF THE APPLICANT OR WHAT THEY'RE GOING TO PURSUE FIRST. AND THEN WHAT THE PREFERENCE IS TO GET WATER FROM THE TOWN OF GREENBURG FROM THE TOWN AT THIS POINT. WOULD YOU STILL NEED A PUMP? I THINK YOU WERE DISCUSSING A PUMP. NO, NO, THAT, THAT WOULD COME FROM PRESSURE FROM THE STREET OKAY. AND DOWN THERE. SO THAT WOULD BE FINE. OKAY. OKAY. WE SHOULD GO OVER THE, UM, WE SHOULD GO OVER THE, UH, VARIANCES. WAIT, I'M SORRY. JUST ONE QUESTION. OH, SORRY. SO, SO THE WATER, GETTING THE WATER FROM THE TOWN OF GREENBURG, IS THAT ONE OF THE CONTINGENCIES IN TERMS OF THIS PROJECT PROJECT? SO IT'S JUST THE PROCESS INVOLVED. SO MY CONCERN IS THAT IF THEY'RE CURRENTLY IN AN EXISTING DISTRICT IN YONKERS, THERE MAY BE A PROCESS TO, UM, FOREGO THAT DISTRICT TO JOIN AS AN OUTSIDE USER WITH THE TOWN OF GREENBURG. THAT'S WHY I WANTED TO KNOW IF IT'S CURRENTLY IN AN EXISTING WATER DISTRICT IN YONKERS. WHAT DO WE DO WITHOUT THE, DO YOU WANT TO GO OVER THEM? SHOULD WE? I CAN GO THROUGH THEM. OKAY. SO, SO UM, MR. SCHNEIDER OVER, WHAT WE'LL DO IS WE WILL GO OVER THE VARIANCES AND I'D LIKE YOU TO, TO DISCUSS THEM EACH ONE IN TURN AFTER AARON LISTS THEM, BECAUSE THEN THE BOARD HAS TO LOOK AT IT AND SEE IF THEY SHOULD MAKE WHAT KIND OF A RECOMMENDATION THEY SHOULD MAKE TO THE ZBA NEGATIVE, NEUTRAL, OR POSITIVE. AND THEY WOULD MAKE A POSITIVE RECOMMENDATION WHERE YOU'RE REQUIRING A VARIANCE, BUT IT IMPROVES THE PROJECT. YOU KNOW, IT'S FOR A GOOD PLANNING PURPOSE. SO WHEN YOU GO OVER THE VARIANCES, YOU KNOW, BEAR THAT IN MIND. SO AARON, WHY DON'T YOU, UH, JUST LIST THEM FOR US. SURE. SO ACTUALLY I'M JUST GONNA RECITE THE TEXT. FIRST OF THE BUILDING INSPECTOR'S MEMORANDUM DATED JULY 11TH, 2024. BUILDING INSPECTOR REVIEWED THE LATEST SITE PLAN AND RELATED DRAWINGS FOR THE 2 79 JACKSON AVENUE PROJECT, AND HAS ALSO REVIEWED THE HISTORY OF THE EXISTING NON-CONFORMING NURSERY USE IS NOTED THAT THE LAST PERMIT FOR THE CONSTRUCTION ON THESE LOTS WAS FOR A SINGLE FAMILY RESIDENCE. NO PERMITS HAVE BEEN FILED FOR THE EXPANSION OF THE NON-CONFORMING NURSERY [00:25:01] INVOLVING EXPANSION OF MATERIAL STORAGE AREAS OR CONSTRUCTION OF SEVERAL ACCESSORY STRUCTURES LABELED AS SHEDS ON THE DRAWINGS, AND THEREFORE MUST BE LEGALIZED BY FILING A BUILDING PERMIT. AND IN DOING SO, IN SUBMITTING THE SITE PLAN, THEY'RE PROPOSING TO LEGALIZE THESE STRUCTURES AND THROUGH THE VARIANCE APPLICATION, RETAINING WALLS IN EXCESS OF FOUR FEET WILL REQUIRE A BUILDING PERMIT. THE MAXIMUM HEIGHT OF A FENCE IN THE REAR YARD OF THE NURSERY IS EIGHT FEET. AND IN THE SIDE YARD IS SIX FEET MEASURED FROM THE TOP OF THE FENCE TO THE GRADE LEVEL BELOW. UH, THE FOLLOWING VARIANCES WILL BE REQUIRED IN CONNECTION WITH THE PROJECT AS PROPOSED FROM THE ZONING BOARD OF APPEALS. FIRST IS MAXIMUM IMPERVIOUS SERVICE COVERAGE MAXIMUM PERMITTED IN THE DISTRICT IS 29%. THE APPLICANT'S PROPOSING 60.2%. WHAT'S THE EXISTING IMPERVIOUS COVERAGE? DO YOU HAVE THAT ON YOUR BULK TABLE? YES. YES. GREAT. THANK YOU. 60? IT WAS 64.5% AND WE'RE REDUCING IT TO 60.2. IT'S RIGHT HERE. OKAY. SO IMPERVIOUS COVERAGE IS BEING REDUCED UNDER THE PROPOSAL. MM-HMM. . THANK YOU. NEXT. OKAY, NEXT. MINIMUM SETBACK FROM SIDE PROPERTY, LINE TO DRIVEWAY. I BELIEVE THIS IS IN CONNECTION WITH THE PROPOSED DRIVEWAY. 16 FEET REQUIRED. 10.2 FEET PERMITTED, I'M SORRY. PROPOSED. AND CAN YOU CONFIRM THAT THAT'S IN CONNECTION WITH THE PROPOSED, YOUR HONOR, IT IS IN CONNECTION WITH THE PROPOSED DRIVER, YES. OKAY. MM-HMM, THIRD MINIMUM SETBACK FROM SIDE PROPERTY, LINE TO GRAVEL PARKING AREA. 16 FEET REQUIRED ZERO FEET PROPOSED. THAT'S AT THE COAL. I BELIEVE THAT'S IN CONNECTION WITH AN EXISTING, WHERE'S THE GRAVEL AREA? WHAT ARE WE TALKING ABOUT? THE ZERO FEET. I'M TRYING TO IDENTIFY THAT ON THE PLAN RIGHT NOW. THE BOTTOM OF THE PLAN. MM-HMM. WHERE THE PLAN SHEET. SHEET? MM-HMM. ? YES. BY THE SHED. THERE'S A SHED SHED AND THERE'S A GRAVEL AREA. CORRECT. CAN YOU ZOOM IN ON THAT? OKAY. RIGHT HERE. RIGHT. SO IS THAT PREEXISTING THAT IT'S ZERO FEET THAT EXISTS? IT IS TODAY. MM-HMM, . OKAY. SO YOU SEE THAT AREA AROUND THE FRAME SHED GOES RIGHT TO THE CITY LINE? MM-HMM. DOWN HERE? YES. IT SAYS GRAVEL. IT GOES RIGHT TO THAT POINT. OKAY. ALRIGHT. AND THEN FINALLY SET BACK FROM AN ACCESSORY STRUCTURE TO SIDE PROPERTY LINE, WE'RE LOOKING AT THE SAME FRAME. OH NO, WE'RE LOOKING AT THE OTHER FRAME. SHED DOWN, SORT OF WHERE THE CURSOR IS. YEP. 16 FEET REQUIRED 0.3 FEET PROPOSED. AND THAT'S ALSO PREEXISTING, CORRECT? YES. OKAY. WELL, LET, LET ME ASK YOU QUESTIONS ABOUT THIS THOUGH. YES. MM-HMM. , UM, AND THEN ADD WHATEVER YOU WANT. OKAY? OKAY. ON THE IMPERVIOUS SURFACE, YOU ARE DECREASING IT BY 4%. 4.3%. OKAY. THE, UM, THE NEW DRIVEWAY, YOU WANNA REDUCE THE SETBACK TO 10.2. UM, WHY IS THAT? CAN IT BE MADE TO BE THE REQUIRED 16TH FEET? EXPLAIN THAT TO US. WHERE'S THE 10.2 ON THE, UH, YEAH, IT WOULD JUST BE DIFFICULT BECAUSE THEN IT WOULD, WE'D HAVE TO SHIFT OVER, REMOVE, UH, SOME OF THE BINS ON THE SIDE AND REALLY AFFECT THE DAY-TO-DAY OPERATION OF, OF THE, UM, OF THE BUSINESS THERE. AND WHAT IS, UH, WHAT, WHAT IS ON THE OTHER SIDE OF YOUR PROPERTY LINE? 10.2 FEET AWAY. A VACANT LOT? YEAH. RIGHT NOW IT'S A VACANT LOT. JUST SORT OF WOODSY. MM-HMM. OVERGROWN. OKAY. UM, RIGHT, THERE'S A WETLAND AREA. THERE'S AN, THERE'S AN UPPER LEVEL AREA CLOSEST TO THE ROAD. IT'S RELATIVELY FLAT, THEN IT SLOPES DOWN TO A WETLAND AREA WHERE, TO A STREAM STREAM, THERE'S A WATERCOURSE THAT EMPTIES OUT. IT FANS OUT. AND, UM, AND THEN BEYOND THAT, IT'S FAIRLY WOODED. ALRIGHT. UNDEVELOPED. NOW I UNDERSTAND THE, THE THIRD VARIANCE SIDE YARD SETBACK TO GRAVEL AREA, 16 FEET REQUIRED 10 ZERO FEET PROPOSED. CAN YOU DO ANYTHING TO ELIMINATE THAT REQUIRED VARIANCE? MOVE THE SHED? [00:30:01] WELL, HE WAS TALKING, TALKING ABOUT THE GRAVEL AREA. YOU MEAN PUT IN SOME TYPE OF LANDSCAPING OR SOMETHING? I HAVE NO IDEA HOW YOU DO IT. RIGHT. MY QUESTION IS, CAN YOU DO, WELL NOT MAKE IT SO YOU DON'T HAVE TO ASK THAT, ASK FOR THAT VARIANCE. YEAH. UM, IT'S POSSIBLE I CAN CONSULT WITH MY CLIENT AND SEE IF WE CAN ELIMINATE THAT VARIANCE BY, UH, SHRINKING THE PARKING AREA. JUST MAKE LIFE EASIER FOR YOU. YEAH. UM, BEFORE THE ZBA. NO, I UNDERSTAND. SO YOU TALK ABOUT IT AND WE'LL DISCUSS IT AT THE NEXT, AND THE LAST ONE IS THE SAME QUESTION. YOU HAVE THAT ACCESSORY STRUCTURE, WHICH I MEAN, I WAS AT THE SITE A COUPLE OF DAYS AGO. IT'S A SMALL BUILDING. YOU COULD PROBABLY MOVE THAT EASILY ENOUGH. RIGHT. EVEN IF YOU NEED IT AT ALL. SO ANYWAY, DISCUSS THAT AS WELL. MY, MY MY OTHER QUESTION IS THIS, GO BACK TO THE IMPERVIOUS SERVICE. THE, YOU KNOW, THE, THE ISSUE WITH IMPERVIOUS SERVICE IS STORMWATER RUN. AND MY QUESTION TO YOU IS THIS, IF YOU IMPLEMENT THIS PLAN WITH THE HOUSES AND EVERYTHING, WHAT KIND OF STORMWATER, YOU KNOW, SYSTEM WILL BE INSTALLED AND WILL IT IMPROVE THE PRESENT CONDITIONS? UH, IT WILL. WE ARE PRESENTLY, UH, WE'VE DESIGNED A STORMWATER COLLECTION SYSTEM WITH A DETENTION TANK. WATER WILL GO INTO THE DETENTION TANK AND THEN IT WILL GO THROUGH A, UH, PROPRIETARY FILTER BEFORE DISCHARGING TO THE STREAM. AND IT WILL DISCHARGE, UH, IT WILL DISCHARGE TO THE STREAM AT A RATE THAT IS NO, NO LARGER THAN IT IS TODAY. WILL THAT CAPTURE THE WATER FROM THE DRIVEWAY? IT WILL, AS WELL AS THE ROOFS OF ALL THE HOUSES AND ALL THAT. IT WILL CAPTURE THE WATER FROM THE DRIVEWAY, UH, AND IT WILL CAPTURE WATER FROM THE STREET IN YONKERS. NORMALLY IN THE CITY OF YONKERS, WHEN THEY, WE DO A DESIGN OF THE HOUSE, UM, THEY REQUIRE, UM, DRY WELLS SUBSURFACE, SAME, SAME, SAME AS HERE. AND THAT'S NORMALLY HOW WE WOULD HANDLE THE ROOF WATER FROM THOSE INDIVIDUALS, SINGLE FAMILY HOMES. AND, AND WILL IT CAPTURE THE WATER THAT'S GOING DOWN THE DRIVEWAY FROM JACKSON AVENUE INTO, UH, THE DEVELOPMENT? UH, IT, IT WILL CAPTURE ALL THE WATER THAT'S FROM OUR PROPERTY. IF THE WATER'S BEING DIRECTED FROM JACKSON AVENUE TO US, UM, NO, WE WOULD NOT WANT TO. I MEAN, WATER THAT FALLS ON THE DRIVEWAY FROM JACKSON AVENUE INCIDENT. ANY WATER THAT FALLS ON OUR DRIVEWAY IS COLLECTED IN OUR COLLECTION SYSTEM AND TREATED THROUGH THE SYSTEM. LET ME ASK A LITTLE BIT DIFFERENTLY. THE PROPOSED DRIVEWAY, IS IT GRADED IN SUCH A WAY THAT WATER FROM JACKSON AVENUE, IF IT WAS CROWNED TOWARDS YOUR PROPERTY, YOUR DRIVEWAY WOULD BE PITCHED IN SUCH A WAY SO THAT IT WOULDN'T ACCEPT WATER FROM JACKSON AVENUE? OR ALTERNATIVELY, IF IT WASN'T, IS THE SYSTEM, THE SYSTEM DESIGNED TO HANDLE ANY WATER THAT RUNS OFF JACKSON AVE AND ONTO NO, IT IS NOT OUR INTENTION TO CAPTURE ANY OF THE WATER FROM JACKSON AVENUE. UM, SOMETIMES THE ROADS OR THE DRIVEWAYS GRADED IN SUCH A WAY. YEAH. WE'RE DESIGNED IN SUCH A WAY THAT THERE'S A LITTLE BIT OF A RISE BEFORE AND SORT OF DROP. THERE ISN'T GONNA BE A CURB THAT PREVENTS ANY WATER FROM JACKSON AVENUE COMING OUT TO THE DRIVEWAY. I'M SORRY. YOU CAN REPEAT THAT. YES, THERE IS. WE ARE DESIGNING IT IN SUCH A WAY THAT WE WILL NOT BE, UH, GETTING WATER FROM JACKSON AVENUE. NOW, DO WE HAVE YOUR STORMWATER MANAGEMENT DESIGN YET? I DON'T RECALL SEEING IT. WELL, YOU HAVE A PLAN OF IT. YOU AND, UH, I DON'T KNOW IF YOU HAVE THE STORMWATER, UH, POLLUTION PREVENTION PLAN. YOU HAVE THE REPORT AS WELL? YES. SO YOU HAVE THAT DESIGN, YOU HAVE EVERYTHING IN HAND. THIS STAFF HAS IT, IT'S BEEN REVIEWED PRELIMINARILY. OKAY. BY THE TOWN ENGINEER. OKAY. AND, UM, I KNOW THAT THEY WERE WORKING TOGETHER. YES, THERE WERE SOME QUESTIONS INITIALLY. OKAY. JUST TO CONFIRM, SINCE YOU'RE DOING A SW AND YOU'RE TALKING ABOUT FILTERS, YOU'RE TREATING IT NOT JUST QUANTITATIVELY, BUT ALSO QUALITATIVELY. YES. AND WITH RESPECT TO THE FILTRATION SYSTEM, IS THERE A MAINTENANCE OBLIGATION IN CONNECTION WITH THAT? THERE IS. THE MANUFACTURER WILL PROVIDE THAT TO US AND THEN WE WOULD DO, UM, A MAINTENANCE PROGRAM AND PROVIDE THAT REPORT AT THE END OF THE, TO CLOSE OUT THE STORMWATER POLLUTION PREVENTION PLAN. WE DISCUSSED, SORRY, WE DISCUSSED THAT WITH THE CONSERVATION ADVISORY COUNCIL AND THEY HAD US SUBMIT, UM, A LETTER EXPLAINING THE MAINTENANCE PROGRAM. OKAY, THANK YOU. OKAY. UM, SHOULD WE DISCUSS S SO WE CAN GIVE YOU GUIDANCE FOR YOUR, UH, YOU FEEL LIKE BASED ON THE DISCUSSION THIS EVENING, STAFF HAS A GOOD INDICATOR OF WHERE THE BOARD'S AT? THAT'S FINE. UM, SO WE CAN CERTAINLY DRAFT SOMETHING UP. DOES THIS SAY UNLISTED ACTION? IT IS. OKAY. SO THE ONE THING THAT, UH, I THINK THE BOARD SHOULD BE AWARE OF BEFORE, UH, CONSIDERING A SECRET DETERMINATION IS THE QUESTION OF THE VARIANCES AND WHETHER OR NOT THE APPLICANT'S GOING TO, YOU KNOW, BE IN A POSITION TO MODIFY THE PLANS TO EITHER ELIMINATE OR REDUCE DOWN. YEAH, YOU SHOULD. THAT'LL PLAY INTO SEEKER AS WELL AS THE RECOMMENDATION. YEAH, YOU SHOULD GET THAT TO US WHEN, WELL BEFORE THE NEXT MEETING. WHEN, SO OUR NEXT MEETING IS ON MONDAY [00:35:01] THE 16TH, WHICH IS A QUICK TURNAROUND. MM-HMM. , YOU DO HAVE TIME BETWEEN NOW AND THE OCTOBER MEETING OF THE ZONING BOARD. SO WE HAVE ANOTHER MEETING ON SEPTEMBER 30TH. MM-HMM. , IF YOU NEED SOME TIME TO DISCUSS IT, UM, POTENTIALLY REVISE THE PLANS. MM-HMM. , YOU KNOW, WE COULD CERTAINLY GET YOU ON FOR THE SEPTEMBER 30TH MEETING. OKAY. ALRIGHT. WE HAVE ALREADY NO, WE APPRECIATE THAT. STARTED PUTTING TOGETHER THE SEPTEMBER 16TH AGENDA BECAUSE OF THE QUICK TURNAROUND. SO MY PREFERENCE WOULD BE THE 30TH MM-HMM. , YOU OKAY WITH THAT? I'M OKAY WITH THAT BECAUSE THE ZBA WHAT? YOU'RE NOT GONNA BE THERE UNTIL OCTOBER ANYWAY, RIGHT? SURE. OKAY. AT BEST. SO WE, WE COULD DO THE RECOMMENDATION ON SEPTEMBER 30TH. MM-HMM. , YOU'LL GET US THIS REVISED INFORMATION, YOU KNOW, WELL BEFORE THEN. YES. SO I'LL HAVE EVERYTHING WE NEED ON, UH, ON THE 30TH. YEAH, I WOULD SAY BY SEPTEMBER 20TH. 20TH, WHICH IS A FRIDAY. OKAY. GOT IT. OKAY. OKAY. OKAY. THANK YOU. ALRIGHT, WELL THANK YOU VERY MUCH. I APPRECIATE IT. THANK YOU. DO WE HAVE BARBARA HERE SO SHE WAS AWARE? YES. ALRIGHT. SHE DID. YOU COME ON UP, BARBARA, LET'S TAKE, LET'S TAKE FIVE MINUTES AND THEN RETIRE TO PUBLIC PUBLIC SESSION. YES, WE'LL GO. THANK YOU. JUST MUTE YOUR MIC HEARING AND AARON, YOU'LL CALL THE ROLL PLEASE. ACTING CHAIR. GOLDEN HERE. MS. DAVIS. HERE. MR. PINE HERE ON ZOOM. MR. DESAI HERE AND NOT PRESENT THIS EVENING. ARE MR. HAY AND MR. SNAGS ALL SET? WE'LL, WE'LL CALL THEM. OH, AND AISHA, RIGHT? AND MS. SPARKS? PARDON ME? OKAY. CASE, CASE NUMBER PB 24 0 7. CHANG ROBERTS. ANYBODY HERE? SO WE'LL DO THAT OTHER ONE. GOOD EVENING. GOOD EVENING. SO WE'RE GONNA ASK YOU TO REVIEW THE PROPOSAL. WE HAVE THE DRAWINGS AVAILABLE IF YOU'D LIKE US TO SHARE THOSE ON THE OVERHEAD. AND THEN WE'LL SEE IF THE BOARD OR ANY MEMBERS OF THE PUBLIC HAVE ANY QUESTIONS. AND I'LL FILL IN ANY BLANKS. BUT I SEE THAT WE HAVE MR. HANNEY HERE AS WELL. YES, MR. HANNEY, REPRESENTATIVE ON BEHALF OF THE APPLICANTS IS ON ZOOM THIS EVENING. GOOD EVENING EVERYONE. UM, MRS. THOMAS WITH HUDSON ENGINEER. UM, I'LL BRIEFLY REVIEW THE, UM, DRAWINGS IN ONE SECOND. I'LL PULL THEM UP. CAN WE IMPROVE THE SOUND AT ALL? HE MIGHT BE IN LIKE A ROOM WITH AN ECHO. OKAY. SO VERY BRIEFLY, WE ARE IN FRONT OF YOU TODAY, UM, SEEKING A STEEP SLOPE PERMIT. UM, SO THE, THIS SITE IS, UM, ABOUT 50% IS STEEP SLOPES. UM, THERE'S ALSO A WATER FORCE THAT GOES THROUGH THE REAR OF THE PROPERTY. UM, AND WITHIN THE WATERCOURSE BUFFER IS ABOUT 75% OF PROPERTY. SO THE, THE HOUSE WAS CITED IN A MANNER THAT, UM, FOLLOWS THE, UM, WETLAND BUFFER LINE. SO WE ARE NOT SEEKING A WETLAND, UM, VARIANCE, UM, THAT THE HOUSE IS ABOUT 1300 SQUARE FEET, UM, WITH ASSOCIATED DRIVEWAYS, RETAINING WALLS AND SUCH. UM, AGAIN, THIS IS ALL HELD TO THE FRONT OF THE PROPERTY TO AVOID THE STEEP SLOPES IN THE BACK AS WELL AS THE WATERCOURSE. UM, BA BASED ON THE PREVIOUS MEETING, UM, WE REDESIGNED THE STORMWATER SYSTEM. SO CURRENTLY THE STORMWATER SYSTEM CAN RETAIN, UM, A 100 YEAR STORM EVENT FROM ALL NEW IMPERVIOUS AREA FOR THE HOUSE AS WELL AS THE DRIVEWAY. UM, ADDITIONALLY BASED ON THE LAST MEETING, UM, HE REVISED THE PLANTING PLAN. UM, BEAR WITH ME ONE SECOND, I'LL SCROLL TO THAT. UM, SO THE PLANTING PLAN NOW HAS A TOTAL OF 11 TREES, IS COMPLIANT WITH THE TREE REMOVAL PERMIT. UM, THE, THE MAJORITY OF IT, WE ADDED MORE SCREENING ALONG THE, [00:40:01] UM, THE WESTERN SIDE OF THE PROPERTY LINE BETWEEN THE ADJACENT HOUSE. UM, AND I KNOW THIS WAS PREVIOUSLY DISCUSSED, VERY SIMILAR TO, UM, THE PREVIOUS APPLICATION FROM 2015. UM, MORE OR LESS THE HOUSE WAS MIRRORED AND IT IS A LITTLE BIT SMALLER THAN, THAN THE PREVIOUS APPLICATION. UM, I'M MORE THAN HAPPY TO GO MORE IN DEPTH OR ANSWER YOUR QUESTIONS. NO, I, I THINK THAT'S OKAY. WE'LL GET TO QUESTIONS IN A SECOND. AND, UM, AND, AND THANK YOU FOR CHANGING THE STORM ORDER TO A HUNDRED YEAR SYSTEM. UM, I THINK THAT'S REALLY WHAT'S APPROPRIATE THESE DAYS IN GREENBURG. UM, ANY QUESTIONS FROM THE BOARD FROM KARA? ANY QUESTIONS? IS THERE ANY VARIANCES? UM, THERE, THERE ARE NO VARIANCES BEING REQUESTED. UM, IT IS NOTED THAT THIS LOT, UH, DOES HAVE A NON-CONFORMING LOT WIDTH. IT'S 60 FEET, WHEREAS 70 IS REQUIRED. HOWEVER, BESIDES THE, UM, THE LIMITED WIDTH, THE BUILDING DOES MEET THE SIDE YARD SETBACKS FOR THIS ZONE. OKAY. ANY OTHER QUESTIONS? OKAY. ALL RIGHT. ANY MEMBERS OF THE PUBLIC WANNA SPEAK? MURRAY? MY NAME IS MURRAY BOWEN. UM, MICHAEL, YOU TOOK MY POINT APOSTLE 100 YEAR STORM. I THINK THIS IS THE FIRST TIME I'VE SEEN IT. AND, UH, IT SHOULD BE STANDARD FOR EVERYONE COMING IN NOW TO REFER TO THE STORM AS A 100 YEAR STORM. IN THE PAST IT WAS 50 YEAR, AND YOU TOOK MY POINT. I THINK, I THINK WE'RE MOVING IN THAT DIRECTION. MURRAY. I THINK, I THINK THAT'S THE WAY TO GO. THIS, WHAT I'VE SEEN TONIGHT IS THE FLEXIBILITY. OKAY. WHAT IS SAY I UN I UNMUTED IT SO YOU SHOULDN'T BE, IT SHOULDN'T BE WORKING. OH, OKAY. SO SORRY. . ANYBODY KNOW WHAT THAT'S ABOUT? OH, OKAY. I SEE. NO, EXCUSE ME. IF YOU'RE ON ZOOM, YOU'RE NOT MUTED CURRENTLY. THAT WAS MS. , THAT WASN'T FOR YOU. MURRAY. THANK YOU. THAT WAS OKAY. UM, THANK YOU. SO, UH, WHAT I'D LIKE IS A MOTION. ANY OTHER QUESTIONS? COMMENTS? OKAY. WHAT I'D LIKE IS A MOTION TO CLOSE THE HEARING AND KEEP THE RECORD OPEN UNTIL SEPTEMBER 11. CAN I SPEAK? OH, WE DO HAVE SOME, OH, I'M SORRY. WE HAVE, CAN WE TAKE, UH, WE HAVE MS. GREEN ON ZOOM, JUST YES. OKAY. CAN WE TAKE THE, UH, SCREEN SHARING OFF THE PLAN OFF? SURE. I'M SORRY WE DIDN'T, UH, KNOW YOU WERE THERE. THEY SAYING THEY DIDN'T HEAR. CAN YOU HEAR US NOW? CAN YOU HEAR ME? YES, WE CAN. OKAY. I HAVE A QUESTION. MY PROPERTY, UM, BORDERS THE, THE PROPERTY BEING, UH, BUILT ON GREENVILLE CIRCLE. UH, AND I'M VERY CONCERNED ABOUT THE STEEP SLOPE AND THE DRAINAGE. UH, I LIVE ON REMAR WAY AT THE BOTTOM OF A STEEP SLOPE. UH, I, I WOULD JUST BE INTERESTED IN KNOWING THE AREA THAT DIRECTLY BORDERS MY PROPERTY. WILL THERE BE A RETAINING WALL THERE? WHAT, UH, WHAT IS THE ACTUAL LAYOUT OF THAT PROPERTY IN REFERENCE TO HOW IT'S GOING TO LOOK FOR REAL? BECAUSE THAT AREA OF MY PROPERTY IS VIRGIN FOREST. UH, AND SO I, YOU KNOW, I DON'T KNOW WHETHER I'M ASKING THE RIGHT QUESTION OR NOT, BUT I'M VERY CONCERNED ABOUT HOW THAT STEEP SLOPE IS GOING TO BE MANAGED. OKAY, MS. GREEN, UH, THIS IS AARON SCHMIDT. WE SPOKE OVER THE PHONE, I BELIEVE, YESTERDAY REGARDING THE PROJECT. YES. AND I SENT YOU AN EMAIL, I DON'T KNOW IF YOU RECEIVED IT OR NOT, BUT, UM, YOU WERE NOTIFIED OF THE PROJECT BECAUSE YOU LIVE WITHIN 500 FEET OF THE OUTER BOUNDARIES OF THE PROJECT SITE. WHEN WE LOOK THAT UP ON THE PLAN, THE NEAREST PROPERTY LINE FROM THEIR SITE TO YOUR PROPERTY IS OVER 300 FEET AWAY. SO THE VAST MAJORITY OF THAT WOODED AREA IS NOT GOING TO BE TOUCHED. THEY ARE REMOVING A FEW TREES VERY CLOSE UP TO GREENVALE CIRCLE TO CONSTRUCT THE HOME, AND THEY'RE MANAGING ALL THEIR STORMWATER RUNOFF ON THE PROPERTY IN SUCH A WAY TO HANDLE UP TO A 100 YEAR STORM EVENT. SO, UM, IN FACT, FROM THE HOME, I THINK I BEL I BELIEVE I TOOK A MEASUREMENT FROM THE PROPOSED HOME [00:45:01] TO YOUR REAR PROPERTY LINE IS NEARLY 500 FEET, SO IT'S UNLIKELY TO HAVE ANY IMPACT ON YOUR SITE. I GUESS IT'S JUST VERY HARD FOR ME TO VISUALIZE IT. UM, BUT I UNDERSTAND WHAT YOU'RE SAYING THERE. THERE IS. AND, UM, THERE IS ONE OTHER THING, IF I MAY, AND, AND AARON, CORRECT ME IF I'M WRONG, BUT RIGHT NOW ON THAT SITE, THERE IS NO STORMWATER MANAGEMENT. SO ANY WATER THAT FALLS ON THE EXISTING SITE IS JUST GONNA RUN OFF, BUT OKAY. WHEN THE PROJECT IS BUILT, THE STORMWATER WILL BE CONTROLLED, IT'LL BE STORED UNDERGROUND, AND THE RUNOFF WILL ACTUALLY BE REDUCED THEN IT WAS BEFORE. AND ADDITIONALLY. ADDITIONALLY, EVEN IF THE BOARD CLOSES THE PUBLIC HEARING THIS EVENING, IN ALL LIKELIHOOD THEY'RE GOING TO LEAVE THE WRITTEN RECORD OPEN FOR PERIOD OF ONE WEEK. AND IF YOU'D LIKE TO COME IN AND MAKE AN APPOINTMENT TO SIT DOWN AND GO OVER THE PLANS SO YOU UNDERSTAND THEM BETTER, WE'RE HAPPY TO ARRANGE FOR THAT. AND THEN FOLLOWING OUR MEETING, IF YOU HAVE ANY COMMENTS, YOU CAN SUBMIT THOSE IN WRITING TO THE BOARD, OKAY? OKAY. ALL RIGHT. THANK YOU VERY MUCH. I, I, I MAY HAVE ANOTHER QUESTION, BUT I WILL MAKE AN APPOINTMENT IF, YOU KNOW, IF I FEEL IT'S NECESSARY. OKAY. BUT I DO HAVE A LITTLE BETTER UNDERSTANDING AFTER HEARING THE CONSTRUCTION OF WHAT'S GOING TO HAPPEN WITH THE WATER AND THE DRAINAGE. OKAY. THANK YOU VERY MUCH. THANK YOU. OKAY. UH, ANYBODY ELSE WANNA SPEAK? OKAY. HEARING NOBODY. UH, NOW I'D CALL FOR A MOTION TO CLOSE THE HEARING AND OPEN, KEEP THE RECORD OPEN UNTIL SEPTEMBER 11. MOTION TO CLOSE. SECOND. ALL IN FAVOR? AYE. AYE. AYE. OKAY, CARRIE, NEXT. SO JUST SO EVERYONE'S AWARE, THE APPLICANT AS WELL AS ANYONE FROM THE PUBLIC, THE PUBLIC HEARING'S NOW CLOSED. THE WRITTEN RECORD PERIOD IS OPEN THROUGH SEPTEMBER 11TH. SO MS. GREEN, WE SHOULD MEET BEFORE THEN, AND, UH, HOPEFULLY I CAN ANSWER YOUR QUESTIONS. BUT IF YOU HAVE COMMENTS, WE SHOULD HAVE THOSE IN WRITING BY THE CLOSE OF BUSINESS ON SEPTEMBER 11TH. AND THEN, UM, THE BOARD WOULD BE IN A POSITION TO RENDER A DECISION AT ITS NEXT MEETING, WHICH IS ON MONDAY, SEPTEMBER 16TH. HAVE A GOOD EVENING. OKAY. YOU TOO. THANK YOU. NAME. I'M ANTHONY. OKAY. NEXT CASE IS, UH, PV 2009 LIGHTBRIDGE ACADEMY. BEFORE THE APPLICANT STARTS, I JUST WANTED TO MENTION TO THE BOARD THAT, UH, OUR OFFICE DID RECEIVE WRITTEN CORRESPONDENCE, UH, THIS MORNING, UH, WHEN I GOT INTO THE OFFICE FROM, UH, MR. DIMO, WHO'S IN THE AUDIENCE THIS EVENING. IT WAS DATED SEPTEMBER 3RD. IT WAS ADDED TO THE RECORD, IT WAS PROVIDED TO THE APPLICANT, AND WE'LL ASK THE APPLICANT TO ADDRESS THOSE QUESTIONS AND COMMENTS AS PART OF ITS PRESENTATION THIS EVENING. CERTAINLY. UM, I'M HERE. MY NAME IS MATTHEW DUDLEY OF HARRIS BEACH, PLLC, ATTORNEY FOR THE APPLICANT, 5 29 CENTRAL PARK AVENUE, LLC. UH, WITH ME TONIGHT IS JESSE COLEY OF COLLIERS ENGINEERING, AND MR. COLEY WILL, UH, RESPOND TO THE COMMENTS, UH, COMMENT LETTER THAT MR. SCHMIDT JUST UH, REFERENCED. UH, WE ARE HERE TONIGHT FOR A CONTINUED PUBLIC HEARING, UH, FOR OUR CLIENT, LIGHTBRIDGE ACADEMY. UH, IT'S A CHILD DAYCARE CENTER AT 5 29 CENTRAL PARK AVENUE. UH, SPECIFICALLY THE APPLICATION, WHICH IS BEFORE YOUR BOARD IS FOR AN AMENDED SITE PLAN APPROVAL, UH, AND, AND, UM, A SPECIAL AMENDED SPECIAL PERMIT TO ALLOW, UH, UH, AN INCREASED ENROLLMENT OF THE CHILDREN, UH, AT THE CHILDCARE CARE CENTER, UH, ABOVE AND BEYOND THE CURRENT LIMITATION OF 105 FTE. THAT'S FULL-TIME EQUIVALENT CHILDREN CURRENTLY PERMITTED, UH, PURSUANT TO THE, UH, PLANNING BOARD'S APPROVALS FROM 2020. UM, IN ADDITION, THE, THE APPLICATION SEEKS AN AMENDMENT TO THE, THE PRIOR APPROVALS TO ALLOW, UM, FOR THREE PARKING SPACES IN THE FRONT PARKING LOT OF THE BUILDING TO BE FOR, UM, UH, PARENT AND CAREGIVER DROP OFF AND PICK OFF, PICK UP, UH, RATHER THAN ASSIGNED, UM, ONLY FOR, UH, STAFF, UH, FOR THE FACILITY. UM, WE WERE LAST BEFORE THE BOARD ON AUGUST 7TH FOR THE, UM, CONTINUATION OF THIS PUBLIC HEARING. WE'VE BEEN BEFORE YOUR BOARD FOR A NUMBER OF MEETINGS NOW, UH, SINCE THAT LAST MEETING, UH, COLLIER SUBMITTED A, A WRITTEN RESPONSE LETTER, UH, TO A NUMBER OF THE PUBLIC COMMENTS MADE. UM, I BELIEVE ON AUGUST 7TH. [00:50:02] UH, IN ADDITION, WE APPEARED BEFORE THE ZONING BOARD OF APPEALS, UH, AT ITS LAST MEETING ON AUGUST 15TH, UM, FOR A REOPENED AND CONTINUED PUBLIC HEARING FOR TWO AREA VARIANCES, WHICH WERE NEEDED, UH, FOR THIS APPLICATION. UH, THOSE TWO VARIANCES BEING, UH, OFFERING LESS THAN THE MINIMUM REQUIRED OFF STREET PARKING SPACES FOR THE PROPERTY. AND THEN A SMALL, UH, FRONT YARD SETBACK VARIANCE FOR THE SUNSHADE CANOPY THAT OVERHANGS THE PLAYGROUND, UH, AREA OF, OF THE SITE. UM, SO I WILL, I WILL TURN IT OVER TO, TO MR. COLEY TO EXPLAIN IN MORE DETAIL THE VERY SMALL REVISIONS THAT WE'VE MADE, UH, SINCE WE WERE LAST BEFORE YOUR BOARD, UNLESS YOU HAVE ANY QUESTIONS. WHAT HAPPENED AT THE ZVA? OH, YES, OF COURSE. THE ZVA KEPT US IN SUSPENSE, CLOSED THE PUBLIC HEARING, AND, AND GRANTED THE TWO, UH, REQUIRED AREA VARIANCES IS ISSUING A CERTIFICATE OF DECISION ON AUGUST 26TH, 2024. THANKS, MATT. JESSE COAKLEY WITH COLLIERS ENGINEERING AND DESIGN SINCE WE WERE LAST HERE ON AUGUST 7TH. AS, AS MATT MENTIONED, THERE WERE SOME, UM, COMMENTS FROM THE PUBLIC AND THE BOARD THAT NIGHT. UH, AND WE SUBMITTED, UH, RES WRITTEN RESPONSES WITH SOME ADDITIONAL DOCUMENTATION ON AUGUST 15TH, UH, TO THIS BOARD AND THE ZONING BOARD, WHICH I THEN READ INTO THE RECORD FOR THE ZONING BOARD THAT NIGHT. UH, AND THEN WE FOLLOWED UP WITH THIS AMENDED PLAN ON AUGUST 21ST, WHICH, UH, HAS REALLY TWO MINOR REVISIONS SINCE THE LAST TIME YOU, UH, SAW IT. REALLY, IT WAS, UH, THE CROSSWALK, WHICH WAS RECONFIGURED TO LINE UP WITH THE STRIPED AISLE FOR THE A DA SPACE. THE BARS OF THE CROSSWALK, IF YOU WILL, WERE MADE PARALLEL TO THE FLOW OF TRAFFIC. AND THEN AT THE SUGGESTION OF THE TOWN'S TRAFFIC CONSULTANT, WE ADDED THE, UM, LINES, I GUESS IF YOU WANNA CALL THEM THE TRANSVERSE LINES ON THE, ON THE ENDS OF THE CROSSWALK. SO IT'S A, IT'S A LADDER STYLE. IT'S IN CONFORMANCE WITH, UH, THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES. IT'S IN THE ORIENTATION WITH, UH, THE FLOW OF TRAFFIC. UM, AND THAT IS SHOWN ON THE PLAN AS SUCH. AND THEN ONE OF THE OTHER REQUESTS WAS TO, UM, AS THE BOARD MAY RECALL, WE ARE PROPOSING BOLLARDS TO BE INSTALLED, UM, UPHILL OF THE WALL, THE RETAINING WALL. UM, BUT WE EXTENDED THOSE DOWN TO THE LIMIT OF THE WALL, UM, ALL THE WAY TO THE END. SO THOSE ARE REALLY THE, THE LATEST CHANGES ONTO THE WALL. OH, AND I CAN'T REMEMBER IF THIS WAS ON THERE LAST TIME, BUT WE ARE SHOWING THE THREE SPACES TO INCLUDE A SIGN FOR COMPACT CAR PARKING ONLY, UM, WHICH WAS, UH, A REQUEST OF THE BUILDING INSPECTOR IN THERE. I HAVE, ARE YOU DONE? YES, I HAVE TWO QUESTIONS. SURE. UM, FIRST WAS THAT CROSSWALK REDESIGNED IN ACCORDANCE WITH THE COMMENTS MADE BY MR. BO MURRAY BODINE? THAT'S WHAT SPURRED THEM. AND THEN WE CONFIRMED WITH THE M-U-T-C-D, AND THEN MR. CANNING TOOK A LOOK AT IT AND SUGGESTED THE ADDITIONAL LINES ON THE ENDS, WHICH WE, WHICH WE ADDED. OKAY. UH, SECOND, UH, WE RECEIVED A LETTER RECENTLY ABOUT THE BOLLARDS. HAVE YOU LOOKED AT THAT? YES. THE ONE MR. SCHMIDT REFERENCED FROM EARLIER TODAY. YEAH. YOU WANNA COMMENT ON THAT? YES. SO MY WRITTEN LETTER ON AUGUST 15TH INCLUDES MANUFACTURER'S RECOMMENDATIONS ABOUT THE SPACING FROM THE WALL. AND I CONTINUE TO STATE, IT'S OUR PROFESSIONAL OPINION THAT THREE FEET FROM THE FACE OF WALL IS IN LINE WITH THE MANUFACTURER'S RECOMMENDATIONS. AND MY PLAN, WHICH SHOWS THE M THREE FEET FROM THE FACE OF THE WALL AND INCLUDES THE CONSTRUCTION DETAIL FOR THE BOLLARD, IS SIGNED AND SEALED BY ME, NEW YORK STATE LICENSED PROFESSIONAL ENGINEER. OKAY. SO YOU'RE STANDING BY THREE FEET. THAT'S WHAT I'M SAYING. OKAY. STANDING ON THREE FEET. ON TWO FEET BY THREE FEET OR BY THREE. OKAY. UM, ANY, ANY QUESTIONS OR COMMENTS FROM THE BOARD MEMBERS? I THINK THERE WAS SOMETHING ABOUT A CANOPY. MURRAY, YOU'RE NOT A BOARD MEMBER YET. WE'LL GET TO YOU. IF YOU COULD JUST SPEAK TO THE VARIANCE SURE. DECISION WITH RESPECT TO THE CANOPY. SURE. SO, UM, THE PLAYGROUND STRUCTURE, UH, INCLUDES, OR I SHOULD SAY THE PLAYGROUND AREA INCLUDES A, UM, JUNGLE GYM, UH, THAT HAS A CANOPY OVER IT. UM, THAT I GUESS WAS NOT THOUGHT OF ORIGINALLY WHEN THE APPLICATION WAS MADE, WE, WE ONLY HAD THE PLAYGROUND AREA, BUT SINCE IT IS A CANOPY, THE BUILDING INSPECTOR NOTICED IT AND SAID 20 FEET IS ACTUALLY THE [00:55:01] SETBACK FOR THE ACCESSORY STRUCTURE. IT'S 15.05 FEET. SO WE REQUESTED THAT AREA VARIANCES, AREA VARIANCE. AND, UH, AS MR. WY INDICATED, THAT WAS GRANTED BY THE ZONING BOARD, BUT IT'S WITHIN THE EXISTING PLAGUE OR THE PREVIOUSLY APPROVED AND BUILT AND CONSTRUCTED PLAYGROUND AREA. IT DOESN'T GO BEYOND THAT. ANY OTHER QUESTIONS FROM THE BOARD? OKAY. FROM THE, UH, NO, I'M SORRY. WHAT? NO. OKAY. ANY, ANY FROM THE AUDIENCE? ASIDE FROM MR. BODINE? OKAY. MR. BODIN FIRST, I, I, I'M, I'M GUESSING THAT MY NAME IS MARIE BOIN. OH, I'M SORRY. I PRONOUNCED IT WRONG. BODEN, B-O-D-I-N. OH. THERE'S A DIFFERENCE BETWEEN WHAT IS LEGAL AND WHAT IS THE SAFEST. YES. THE CROSSWALK THAT THEY SHOWED IS LEGAL, BUT BY FAR IT IS NOT THE SAFEST. THE STATE OF CA CALIFORNIA USES ONLY THE PARALLEL BARS. THE CITY OF NEW YORK USES ONLY PARALLEL BARS. THE STATE OF CONNECTICUT USES ONLY ONLY PARALLEL BARS. GRANT, HOLD ON ONE SECOND. GO AHEAD. WHAT'S, WHAT'S BEEN DISCUSSED AT THE COUNTY BOARD LEGISLATORS, THE STUDENTS CAME IN FROM SCARSDALE. THEY WANTED TO MAKE IT SAFER. AND I'M WORKING WITH THE COUNTY OF WESTCHESTER TO SEE IF WE CAN STANDARDIZE THAT CROSSWALK. THEY'VE BEEN DOING IT THAT WAY FOREVER BECAUSE WHEN CROSSWALKS WAS DECIDED OR DESIGNED A HUNDRED YEARS AGO, THEY WANTED IT FOR THE PEDESTRIAN. TODAY, THE CROSSWALK NEEDS TO BE SEEN BY THE DRIVER. THE DRIVER'S GOING FASTER THAN A PEDESTRIAN. HE'S STANDING RIGHT THERE. SO I WILL NOT JUSTIFY THAT. AND IF YOUR CONSULTANT DOESN'T UNDERSTAND THAT SAFETY IS MORE IMPORTANT THAN WHAT THE BOOK SAYS BECAUSE IT'S AN OPTION, THEN YOU NEED A TWO NEW TRAFFIC CONSULTANT. IT'S IMPOSSIBLE. HE QUOTES WHAT THE BOOK SAYS, BUT NOT THE SAFEST OPTION. IT'S ABOUT TIME WE FACE THE REALITY THAT THE SAFETY IS DEPENDENT UPON THE DRIVER. THE INFORMATION NEEDS TO BE FOR THE DRIVER, THE PEDESTRIAN STANDING STILL. THIS IS THIS. NO, NO. I DON'T MEAN TO INTERRUPT YOU. I JUST, I JUST HAVE A SUGGESTION THEN, UM, MAKE YOU MAKE INTERESTING POINTS. I'M NOT A TRAFFIC CONSULTANT. I DON'T KNOW IF THEY'RE GOOD OR BAD, BUT MY THOUGHT IS THIS, MAYBE YOU CAN CALL UP JOHN CANNING AND DISCUSS IT WITH HIM. I MEAN, HE'S A SMART GUY. NO, MAYBE THERE'S SOMETHING THAT YEAH, I'LL BE GLAD THAT DOESN'T DISCUSS IT WITH HIM. HE DOESN'T FACE TO FACE. I ONLY DO MEETINGS PERSONALLY. JAN LEBER IN NEW YORK CITY, THE MDA SAID THE BEST WAY TO DO A BUSINESS IS TO FACE TO FACE. I WILL NOT DO IT ONLINE. I'LL MAY, I'LL GO TO HIS, UH, I'LL GO TO HIS OFFICE. IT'S JUST A SUGGESTION. AARON I KNOW IS CONTACT HIM. I KNOW, BUT THIS IS, THIS IS, NO, YOU MAY BE A SUGGESTION, BUT IT'S VERY IMPORTANT. WE STAND HERE AND WE LOOK AT EACH OTHER. WE GET THINGS DONE. THOSE PEOPLE ON ZOOM DON'T GET THE FULL FLAVOR OF WHAT'S GOING ON HERE. THE BEST WAY TO SOLVE A PROBLEM IS FACE TO FACE. NEW YORK CITY IS SAYING IT, COME BACK TO THE OFFICE BECAUSE THAT'S WHERE THE WORK GETS DONE. THIS ISSUE OF WHETHER IT'S LEGAL OR WHETHER IT'S SAFE, HAS TO BE RESOLVED ONCE AND FOR ALL. THERE ARE MANY OTHER PARTS OF THE MANUAL THAT COULD BE SAFER, WHERE THE STOP LINE IS AND THE YELLOW LINE AS THEY COME TOGETHER, IT'S CONFUSING BECAUSE IT GETS WIPED OUT IN THE VISUALS. IT SHOULD COME AT LEAST THE YELLOW LINE SHOULD COME AT LEAST 12 INCHES BEYOND THE STOP BAR BECAUSE THEN YOU CAN DIFFERENTIATE IT. THIS HAS BEEN GOING ON FOR 50 YEARS AND IT HASN'T BEEN CORRECTED. MY BACKGROUND IS WORKING 30 YEARS WITH THE MANUAL PEOPLE ON A TEAM THAT DESIGNED THAT. AND I HAD TROUBLE THERE. BUT NOW SAFETY BECAME THE ISSUE. AND IT'S GOING RIGHT DOWN THE LINE. MY TURN THE LINE. THE ISSUES HAVE NOT BEEN ENFORCED BY VARIOUS PEOPLE IN CHARGE OF THE DEPARTMENTS. I'VE ASKED THAT THE EXECUTIVE DIRECTOR OF THE NEW YORK STATE THROWAWAY BE REPLACED BECAUSE HE HAS NOT [01:00:01] INSISTED THAT HIS STAFF USE LEGAL LINES. MURRAY, YOU PLEASE KEEP IT RELEVANT TO THIS PROJECT. IT IS, IT'S AN INTERNAL CROSSWALK. SO IT'S NOT RELEVANT TO THE STREETS THAT ARE OUTSIDE. IT IS RELEVANT BECAUSE THE EXECUTIVE WHO OVERSEES THIS CROSSWALK AND THAT CROSSWALK HAS TO BE RESPONSIBLE FOR THOSE FOLLOWING THE LAW. I'VE BEEN DOING IT WRONG ALL THESE YEARS. I HAVE NOT PUT THE ORDERS WHERE IT BELONGS ON THE EXECUTIVE. WELL, NONE OF US HERE ARE THE EXECUTIVE FOR THAT ISSUE. NO, BUT YOU NEED TO UNDERSTAND THE BACKGROUND OF WHY I SAY WHAT I DO. I'VE BEEN, THIS IS A, A MAJOR CHANGE IN THE THINKING OF THE PEOPLE WHO DESIGNED ROADS. THERE WAS AN ACCIDENT AT THE, UM, BATTERY TUNNEL TODAY WHERE THE WATER CAME IN AND THEY HAD THE PICTURES THERE. WHAT'S HAPPENING HERE? AND AS WE SOLVE THE CROSSWALK PROBLEM AND OTHERS WILL BE TRANSLATED THERE, I'M ESTABLISHING A BASELINE, WHICH IS EASY. CROSSWALKS ARE VERY SIMPLE. THE OTHERS WILL TAKE A LOT MORE WORK. BUT YOU GOTTA START SOMEWHERE. MURRAY, YOU, YOU'VE MADE YOUR POINT. I URGE YOU TO SPEAK TO JOHN CANNING. NO, I MEAN, IF, IF YOU, I'LL SPEAK TO JOHN CAN. IF YOU SPEAK TO JOHN, IF HE ENDS UP AGREEING WITH YOU, WE MAY CONVINCE THESE GENTLEMEN THAT THEY CAN, THEY SHOULD CHANGE THE PLAN. BUT YOU HAVE, WE'VE GONE AS FAR MURRAY LOOK, THERE ARE OTHER PEOPLE THAT WANT TO SPEAK. I KNOW THERE ARE OTHER PROJECTS THAT WE HAVE, BUT I CAN'T MAKE THE APPOINTMENT. HE WILL ME, HE WILL LET ME WITH ME. ONE OF YOU HAS TO ARRANGE THE APPOINTMENT. AARON. AARON WILL TAKE CARE OF IT. YOU'LL DO IT. I WILL SEEK THIS ARRANGE FOR THE MEETING. THIS IS OF ME. THANK YOU VERY MUCH. YOU'RE WELCOME. OKAY. THAT GENTLEMAN BACK THERE, I THINK YOU WANTED TO, UH, SPEAK. HI, I AM DANNY D DAMO, THE MANAGING MEMBER OF GRAY ROCK ASSOCIATES. THE PROPERTY. SO THE LAST NAME, I DIDN'T CATCH IT. THE LAST NAME? YEAH. D DAMO. OKAY. THE MANAGING MEMBER OF THE PROPERTY, GRAY ROCK ASSOCIATES IN FRONT OF 5 2 9. GOT IT. JUST A COUPLE THINGS. I THINK MR. CINO ISSUED A LETTER AUGUST 7TH THAT WAS TOO LATE AND IT WASN'T ADDRESSED. I WOULD LIKE IF THEY CAN ADDRESS THAT LETTER AND, UM, BECAUSE THERE'S ONE ITEM IN THAT LETTER. I WANNA SEE IF, IF THE ENGINEER IS GONNA ATTEST TO ABOUT THE NEW YORK STATE CODE SECTION THAT HE REFERENCED. DO YOU HAVE THAT HANDY? CAN YOU RECITE IT? OH, YOU'RE PREPARED TO. THANK YOU. WE RESPONDED TO THAT IN WRITING ON AUGUST 15TH AND READ IT INTO THE RECORD AT THE AUGUST 15TH ZONING BOARD MEETING. DID DID YOU GET THAT ANSWER? AUGUST 15TH? I DIDN'T GET THAT. CAN YOU SHARE WITH HIM AFTER THE MEETING? CERTAINLY WE CAN, YEAH, WELL WE CAN DO IT ON THE RECORD QUICKLY. OH, OKAY. THE SHORT ANSWER. OH, IT'S SHORT. GO AHEAD. YEAH, GO AHEAD THEN. WHAT'S THE ANSWER, MR. COLEY? WHICH COMMENT IS IT EXACTLY? UH, THAT THE, THE WALLET'S GONNA BE THREE FOOT FROM THE FACE OF THE WALL AND THEY'RE GONNA MEET THE NEW YORK STATE CODE. YEAH, THEY'RE THREE FEET FROM THE FACE OF THE WALL. WE PUT IN ALL THE INFORMATION FROM THE MANUFACTURER RECOMMENDATION, AND MY PLAN IS SIGNED AND SEALED BY A LICENSED ENGINEER. THAT'S A CERTIFICATION. AND THEY'RE GONNA MEET THE NEW YORK STATE CODE THAT THEY HAVE THE 6,000 POUND OF RESISTANCE. THAT'S HOW THEY'RE DESIGNED. THE DETAIL IS APPROVED. YEP. AND ALL THE BOLLARDS ARE GONNA BE JUST, UH, BRING THE MICROPHONE AND SPEAK TO THE BOARD. ALL THE BOLLARDS GONNA BE THREE FEET FROM THE FACE OF THE WALL. ARE THERE ANY OTHER QUESTIONS BEYOND THAT? NO. OKAY. I JUST WANTED TO LIMIT THE BACK AND FORTH. YEAH. SORRY ABOUT THAT. YEAH. AND THEN THE PERPENDICULAR LINES, HE HAD THE QUESTION. YEAH. UH, THEY WERE THREE FEET FROM THE FACE OF THE WALL. ALL OF 'EM WILL BE THREE FEET MINIMUM FROM THE FACE OF THE WALL AND THE PERPENDICULAR LINES. THEY'RE JUST MEASURED FROM THE END OF THE SPACE. THE LINE IS TAKEN FROM THE END OF THE SPACE. MY COMPUTER JUST SHUT DOWN, BUT THE DIMENSION IS SHOWN HORIZONTALLY. SOME OF THEM ARE NOT PERPENDICULAR BECAUSE THE BALLARD DOESN'T LINE UP WITH THE END OF THE STRIKE. BUT THEY'RE ALL, IT'S NOT THE RIGHT WAY TO DO IS THEY'RE ALL THE MINIMUM SEPARATION. THE DISTANCE IS, IS SHOWN. WE MEASURED AT FOUR SPOTS AND IT'S ALL GREATER THAN THE MINIMUM. OKAY. OKAY. OKAY. THANK YOU. ANYBODY ELSE FROM THE PUBLIC WANT TO SPEAK? OKAY. UM, JUST, JUST BRIEFLY, MR. ACTING CHAIRMAN, I WAS WONDERING IF YOU WANTED, UM, MR. COAKLEY TO GO THROUGH HIS AUGUST 15TH LETTER TO PUT IT INTO THE RECORD, OTHER THAN JUST THE WRITTEN SUBMISSION PART OF THE RECORD? IT'S PART OF THE RECORD. I DON'T THINK HE HAS THE READ. OKAY. ALRIGHT. GREAT. THANK YOU. I AGREE. OKAY. UM, AT THE LAST MEETING, UM, I UNDERSTAND THE, THE, THE, UM, PLANNING BOARD AGREED THAT THEY WOULD CONSIDER [01:05:02] APPROVING THE APPLICATION AT TONIGHT'S MEETING AFTER THE CLOSE OF THE PUBLIC HEARING. AM I CORRECT ABOUT THAT? WOULD CONSIDER MAKING A DECISION? YES. A DECISION. OKAY. UM, AND THAT WAS DUE TO THE FACT THAT WE'VE HAD MULTIPLE PUBLIC HEARINGS OVER THE COURSE OF A FEW MONTHS NOW, AND THAT WAS STATED ON THE RECORD PREVIOUSLY. SO I WOULD ASK FOR A MOTION TO CLOSE THE PUBLIC HEARING AND CLOSE THE WRITTEN RECORD PERIOD. IN OTHER WORDS, THIS IS IT FOR THIS APPLICATION. I SAW MALT. CAN WE HAVE A SECOND? COME ON, DYLAN. STAND UP THERE. SECOND. ALL IN FAVOR? AYE. OKAY. AND THEN, UM, WE HAVE TO CLOSE THE PUBLIC HEARING PORTION OF TONIGHT'S MEETING. MOTION MOVED IS PREFERRED A VERBAL I OR NAY IS PREFERRED? EVERYONE, UH, JUST FOR THE RECORD, UH, YOU, I THINK YOU'RE, YOU MAY BE MUTED IF YOU COULD UNMUTE YOUR MIC. SORRY. THAT'S A DIFFERENCE. AND, UH, WITH RESPECT TO CLOSING THE PUBLIC HEARING AND THE WRITTEN RECORD FOR THIS PROJECT, YOU VOTED IN FAVOR? YES. THANK YOU. OKAY, SO WE NEED A SECOND FOR THE MOTION TO CLOSE THE PUBLIC HEARING PORTION OF TONIGHT'S MEETING. CAN WE GET A SECOND? SECOND. ALL IN FAVOR? AYE. AYE. AYE. THANK YOU. OKAY. THAT'S IT. OKAY. YOU MIGHT AS WELL STAY UP THERE BECAUSE WE'RE DOING YOU NEXT AT THE, UH, THANK YOU EVERYONE. SO TURN OFF YOUR MICS. DO WE WANT A FIVE MINUTE BREAK? FIVE MINUTE BREAK. FIVE MINUTE BREAK. UH, YEAH, WE ARE PD 2 0 9 LIGHTBRIDGE ACADEMY. WE'RE NOW IN WORK SESSION. YES. SO THE BOARD HAS CLOSED THE HEARING AND THE RECORD STAFF HAS CIRCULATED A DRAFT DECISION FOR THE BOARD'S CONSIDERATION THIS EVENING. I'D JUST LIKE TO GO THROUGH THAT DECISION AGAIN. CASE NUMBER PB 20 DASH ZERO NINE LAKERIDGE ACADEMY 5 29 CENTRAL PARK AVENUE SOUTH FOR AMENDED SITE PLAN AND AMENDED SPECIAL USE PERMIT. UM, A COUPLE OF THINGS PROCEDURALLY ON JUNE 5TH, 2024, THE PLANNING BOARD UNANIMOUSLY VOTED TO CLASSIFY THE CURRENTLY PROPOSED ACTION AS A TYPE TWO ACTION UNDER SEEKER FOR THE PROJECT AS WELL. AND AS DISCUSSED AT THE PUBLIC HEARING ON AUGUST 15TH, 2024, THE ZONING BOARD OF APPEALS GRANTED TWO AREA VARIANCES REQUIRED IN CONNECTION WITH THE SUBJECT APPLICATION. FIRST BEING OFF STREET PARKING SPACES 68 REQUIRED 45 APPROVED, AND SECOND MINIMUM DISTANCE FROM ACCESSORY STRUCTURE. THE CANOPY TO THE FRONT PROPERTY LINE 20 FEET REQUIRED 15.05 FEET APPROVED. UM, THE PLANNING BOARD HAS TWO VOTES BEFORE THIS EVENING, ONE'S TO CONSIDER THE AMENDED SITE PLAN APPLICATION. SECOND IS TO CONSIDER THE AMENDED SPECIAL USE PERMIT APPLICATION. ARE THERE ANY QUESTIONS ON THE DRAFT DECISION? OTHERWISE I'LL GO THROUGH SPECIAL CONDITIONS. MR. DESAI, ANY QUESTIONS ON THE DRAFT? NO. ANYONE HERE? NO. OKAY. BRING TO YOUR ATTENTION CONDITIONS. 4.8 AND 4.9 ON PAGE SIX OF THE DRAFT DECISION, 4.8 STATES THAT THE APPLICANT MUST NOTIFY PARENTS AND GUARDIANS THAT THE FIRST THREE OFF STREET PARKING SPACES LOCATED OFF THE SOUTHEAST FACE OF THE BUILDING ARE FOR COMPACT VEHICLE PARKING ONLY. THAT'S ALSO SHOWN ON THE PLAN AND THERE'LL BE SIGNAGE TO THAT EFFECT. 4.9 STATES THAT THE APPLICANT SHALL INSTALL BOLLARDS ALONG THE RETAINING WALL AS DEPICTED ON THE PLANS LISTED IN SECTION ONE OF THIS DECISION. AND IN CONFORMANCE WITH THE MANUFACTURER'S SPECIFICATIONS. ALL OTHER CONDITIONS ARE, UM, PRETTY STANDARD AND WE ALSO REFERENCED THE PRIOR DECISION OF THE BOARD AND THOSE CONDITIONS CARRYING OVER. OKAY. UM, OKAY. NO QUESTIONS OR COMMENTS FROM THE BOARD MEMBERS? HEARING NONE, UH, I WOULD CALL FOR A MOTION TO APPROVE THE AMENDED SITE PLAN. SO MOVED. SECOND. ALL IN FAVOR? AYE. AYE. AYE. NEXT CALL FOR A MOTION TO APPROVE THE AMENDED SPECIAL USE PERMIT. SO MOVED. SECOND. ALL IN FAVOR? AYE. AYE. I THINK WE'RE DONE. WE ARE. [01:10:01] THANK YOU VERY MUCH EVERYONE. THANK YOU, JUDGE. HAVE A GOOD NIGHT. OKAY. MAN, DO YOU HAVE TO EXPLAIN WHY YOU'RE RE REFUSING? SO, SO, UM, OKAY. NO, I'M NOT, LEMME CALL HER FIRST. SORRY. MM-HMM, . OKAY. NEXT, UH, PB 2325. AND LET ME KNOW HOW I PRONOUNCE THIS NAME. PRESTI PRESTIGE OMO PERKINS PRESTI. JACOB? NOT BAD. PRESTI. WELL, I WAS CLOSE. OKAY. UM, SO I WILL BE RECUSING MYSELF AS I PREVIOUSLY WORKED WITH THE APPLICANT AND, UH, COUNSEL ED LIEBERMAN WILL BE ATTENDING IN MY STUD, BUT THEN YOU'LL BE BACK FOR THE LAST AND I WILL BE BACK FOR THE LAST APPLICATION. , DO YOU WANT WE HAVE MR. RE HERE ON BEHALF OF PRESTON. GOOD EVENING BOARD MEMBERS ANDREW TURO FROM KEENAN BI REPRESENT MR. PREMO. HE'S THE OWNER OF EIGHT RITA LANE. THIS IS A JOINT APPLICATION BETWEEN THE OWNERS OF SEVEN AND EIGHT. RITA LANE TO SWING A LOT LINE OVER TO ENCOMPASS MR. PRESS GIACOMO'S DRIVEWAY, WHICH WE FOUND OUT THROUGH LITIGATION WAS ACTUALLY ON MS. PERKINS PROPERTY. SO THIS APPLICATION IS TO LITERALLY SWING THE LOT LINE OVER SO THAT MR. PRES GIACOMO CAN PURCHASE THE ENCROACHMENT AND THE DRIVEWAY EASEMENT, WHICH EXISTS NOW, UH, FROM MS. PERKINS TO SETTLE THEIR DISPUTE. THAT'S BEEN GOING ON SINCE 2016. UH, THIS APPLICATION IS A RESULT OF LITIGATION THAT WAS COMMENCED IN 2016 AND RESOLVED IN 2019. AND SINCE THEN, WE HAVE A HELL OF A TIME GETTING TO THIS POINT NOW. BUT WE'RE HERE, UM, WE'VE FINALLY GOTTEN THE SURVEY CORRECT AND, UH, WE'VE SUBMITTED EVERYTHING IN THE APPLICATION THAT WAS REQUESTED OF US. AND ANY QUESTIONS YOU GUYS HAVE, I'M HAPPY TO ANSWER. WE'RE NOT GONNA BE BREAKING ANY GROUND HERE. THIS IS LITERALLY A LOT LINE SWING AND THAT'S IT. NOTHING FURTHER IN CONNECTION WITH THE SUBDIVISION. CORRECT. CAN YOU GO THROUGH THE VARIANCES? YES. WE DID CIRCULATE A REVISED, UH, VARIANCE DETERMINATION THIS AFTERNOON. SO I'M GONNA CIRCULATE THAT TO THE BOARD. OKAY. LEMME HAVE IT AND I CAN IDENTIFY WHAT THE UPDATE IS. JUST TAKE FORM AND PASS. WE DO SLIDE. SO THE VARIANCE DETERMINATION MEMO WAS UPDATED, UH, TODAY AND IT'S TO INCLUDE THE LAST VARIANCE OR THE SECOND VARIANCE FOR EIGHT READ LANE INVOLVING THE SETBACK, UH, FROM THE NORTHERLY SIDE PROPERTY LINE TO THE DRIVEWAY. YES. 12 FEET REQUIRED. TWO AND A HALF FEET PROPOSED. YES. SO THERE ARE FOUR. WAIT, CAN I ASK YOU SOMETHING QUICKLY? YES. IS SEVEN ENCROACHING ON EIGHT? NO, EIGHT IS ENCROACHING ON SEVEN, EIGHT IS ENC SEVEN EIGHT IS ENCROACHING ON ENC SEVEN, ENC ACHING ON SEVEN SEVEN. AND ITS SPECIFICALLY, THERE'S A TRIANGLE PIECE OF THE DRIVEWAY, WHICH WE CALL THAT. I KNOW I CAN NEVER GET THE TWO OF THEM. OKAY. SO THE FOUR VARIANCES THAT WERE IDENTIFIED, UH, TWO OF WHICH I THINK ARE, UH, ARE ALREADY SORT OF RESOLVED. UM, SEVEN READ A LANE IS GOING, IT'S AN UNDERSIZED LOT. IT'S UNDER 10,000 SQUARE FEET. IT'S CURRENTLY 8,878, AND THAT WILL BE REDUCED TO EIGHT SOUTH 8,713. SO WE'RE ACTUALLY PURCHASING 165 SQUARE FEET OF THE PERKINS PROPERTY. UM, SO THAT'S ONE OF THE VARIANCES WE'RE REQUESTING. UM, IT'S ALREADY NON-CONFORMING. UM, SO JUST A SMALL REDUCTION, BUT AGAIN, WE'RE NOT CHANGING ANYTHING PHYSICAL ON THE PROPERTIES BECAUSE WE'LL REMAIN AS THEY ARE JUST SWINGING THE LOT LANE OVER TO ENCOMPASS THE DRIVEWAY. SO MR. PRESS DAMA OWNS IT ALSO, THE MINIMUM LOT WIDTH. UH, IT'S CURRENTLY 71.1 FEET FOR SEVEN READ LANE, A HUNDRED FEETS REQUIRED. UH, WE'D BE REDUCING THAT DOWN TO 64.77 FEET. UH, AS FAR AS EIGHT RIDDLING, THERE'S A SETBACK, UM, ON THE DRIVEWAY, WHICH WE NEED TO REDUCE TO ZERO FEET BECAUSE THERE'S SIMPLY THERE, THERE, THERE'S NO OTHER PLACE FOR IT. THERE'S NO PLACE TO MOVE IT. UM, THE, THE PROPERTY LINE GOES RIGHT UP TO THE DRIVEWAY AND WHEN WE SPRING THAT LOT LINE, THE TWO PROPERTIES ARE GONNA MEET. SO THE PERKINS PROPERTY AND THE PRESTON GIACOMO DRIVEWAY WILL BE, YOU KNOW, TOUCHING CONTIGUOUS. SO THAT'S WHY WE'RE ASKING FOR THE ZERO VARIANCE THERE. AND THE FINAL VARIANCE IS, UH, SIDE SETBACK FROM THE PROPERTY LINE FROM 12 FEET TO 2.4 FEET. UM, THAT'S JUST WHERE THE EXISTING DRIVEWAY IS IN RELATION TO THE PROPERTY LINE, WHICH IS ON THE OPPOSITE SIDE, CORRECT? NOT ON THE SHARED SIDE. IT'S ON THE, UH, IT'LL BE CLOSER TO, I GUESS, NINE RITA LANE THAN, THAN, UH, SEVEN RITA LANE. EIGHT? NO, I'M SPEAKING OF EIGHT AND SIX. THE, THE, UM, GAIL AND CHERYL [01:15:01] ARE NUMBER SIX, JUST SO THAT YOU KNOW. JUST SIX. OKAY. THANK YOU. AND I'M JUST GOING TO ZOOM IN ON THIS AREA FOR THE BENEFIT OF THE BOARD AND ANYONE WATCHING, THIS IS EIGHT RITA LANE. THIS IS SEVEN RITA LANE. AARON, YOU'RE NOT SHARING. I JUST NOTICED THAT. THANK YOU. OKAY, LEMME ZOOM OUT. OKAY. UM, BEAR WITH ME JUST FOR A MOMENT. YES. SO THIS LOT, THIS IS EIGHT RITA LANE. THIS IS SEVEN RITA LANE. WE GOTTA ZOOM OUT A LOT. THE AREA THAT WE WERE REALLY TALKING ABOUT INVOLVES A SHIFT AND IT'S VERY BUSY, BUT IN THIS LOCATION, HOWEVER, THE NEWLY ADDED VARIANCE RELATES TO THIS BLACKTOP DRIVEWAY THAT CURVES AROUND THE FRONTAGE AND IS WITHIN TWO AND A HALF FEET OF THE PROPERTY LINE ON THE OPPOSITE SIDE. SO THAT, THAT'S WHAT WAS ADDED. UM, UNLESS THERE'S MORE TO ADD FROM MR. TERRE, WE DO HAVE THE CO APPLICANTS HERE AND THEY DID SUBMIT SOME DOCUMENTATION TO ME JUST AHEAD OF THE MEETING, WHICH I'LL CIRCULATE JUST TO MAKE CLEAR. I MEAN, IT'S PRETTY OBVIOUS. THANK YOU. UM, THIS IS ONLY A LOT LINE CHANGE. THERE'S NO CONSTRUCTION OR ANYTHING BEING CHANGED ON EITHER OF THE PROPERTIES THEMSELVES. NO, SIR. RIGHT. OKAY. UM, OKAY. OKAY. OKAY. SO, UM, MY NAME IS ART CLARENCE PERKINS. I AM, UH, OWNER AT SEVEN RITA LANE WITH MY WIFE HERE. MARY. OKAY. UM, THE ONLY CONSIDERATION THAT I, I, I WANT TO MAKE KNOWN SENSE, WHEN, UH, MR. TERRE SPOKE, HE SPOKE OF, UH, YOU KNOW, EXISTING EASEMENT. OKAY. I JUST WANT TO SET THE RECORD STRAIGHT. THIS, SORRY, COULD YOU PLEASE PEEK INTO THE MICROPHONE? YES, YES. YOU KNOW, WE'VE BEEN NEIGHBORS FOR 30 YEARS AND THIS HAS BEEN VERY DIFFICULT FOR US, BUT, AND WE, WE DO WANT TO TRANS THAT TRIANGLE AND MAKE THIS HAPPEN. BUT I JUST WANT TO CLEAR THE RECORD THAT, UM, YOU KNOW, IN THE, UH, HE HAD MENTIONED EASEMENT. OKAY. THERE WAS NEVER AN OFFICIAL EASEMENT. AND I HAVE THE, UM, UM, I HAVE THE, THE SURVEY IS, UH, I CAN SHARE THIS IF YOU'D LIKE TO SEE THIS. CAN I, CAN I SHOW THIS? WELL, I HAVE IT, I HAVE IT ALSO HERE SO EVERYBODY CAN SEE IT AND ELECTRONICALLY. OH, YES. AND YOU'RE IN THE MEETING? YES, I'M IN. I'LL STOP MY SHARE SCREEN MEETING. SO I WILL SHARE, IS THIS YOUR COPY? I WILL, I WILL SHARE THIS CONTENT. OKAY. SO, UM, LET'S SEE. SHARE A, SCREEN IT UP. LET I JUST, SO I AM SHOWING, WE, WE ARE PRESENTING THE, UM, I GUESS THIS IS NOT BETWEEN SEVEN AND EIGHT. BETWEEN SEVEN SIX, I GUESS SLIDE OVER. NO, IT DOESN'T LOOK LIKE IT. IF IF YOU, YOU'RE SHARING THE SCREEN, YOU JUST DON'T HAVE THE PLAN UP. OH. SO I NEED TO, THERE WE GO. IT GOES, OH, IT'S UP NOW. OH, OKAY. THAT'S IT. SO I NEED TO GET RID OF THIS BLACK THING HERE. OKAY. SO LET ME JUST, SO THIS IS, THIS IS OUR SURVEY AND YOU KNOW, IT'S A CERTIFIED SURVEY THAT'S FROM OUR SURVEYOR. OKAY. SO THIS IS THE AREA, LET ME JUST, UH, I DON'T HAVE A REAL POINTER, BUT THE, UM, OKAY, SO YOU HAVE SEVEN RITA LANE, WHICH IS AT THE BOTTOM. OKAY. AND YOU HAVE, UH, EIGHT RITA LANE IS THE PROPERTY THAT'S AT THE TOP. OKAY. NOW THE EXISTING BLUE LINE WITH THE DOTS, THAT IS THE PROPERTY LINE. OH, NO, THAT'S, THAT IS THE PROPERTY LINE AS NOW STANDS PRESENT. SO EVERYTHING TO THE TOP IS EIGHT WHEELER LANE OF THAT BLUE LINE. EVERYTHING TO THE BOTTOM IS SEVEN REAR LANE. OKAY. NOW, ON THE AREA IN CON THAT WE ARE PLANNING TO TRANSFER FOR CONSIDERATION, THIS IS NOT NOTHING FREE. RIGHT? IS THAT TRIANGLE BECAUSE THE GRAY AREA IS ASPHALT. THAT'S THE DRIVEWAY ASPHALT. AND YOU'LL NOTICE IN THE TRIANGLE, WHEN I SAY [01:20:01] TRIANGLE, IT'S THE AREA BOARDED BY THE BLUE LINE. AND THAT CURVED LINE, THAT LINE THAT FOLLOWS THE GRAY, YOU GUYS FOLLOW ME? YEAH. WITH THE CROSS HATCH. IT'S ABOVE, IT'S BETWEEN THE BLUE LINE AND THE TREES. WE'VE GOT IT. OKAY, FINE. AND IT GOES AND YOU CAN SEE WHERE IT GOES. OKAY. SO YOU CAN SEE EVEN ON MY SURVEY IS PART OF IT IS DESIGNATED AS A DRIVEWAY EASEMENT, AND THEN THE LOWER PART THAT'S CROSS HATCHED. YES. THAT'S DESIGNATED AS DRIVEWAY ENCROACHMENT. RIGHT. OKAY. NOW, UM, MEANING, OKAY, GO AHEAD. NOT WITHIN THE EASEMENT. YES. OKAY. THANK YOU. NOW WHAT I WANT YOU TO UNDERSTAND, 'CAUSE I WANT TO SET THE RECORD STRAIGHT, IS THAT THERE'S A NOTE HERE THAT OUR, UM, SURVEYOR MADE UP, MADE IT SAID DRIVEWAY AND DRAINAGE EASEMENTS SHOWN HERE IN AS PREVIOUSLY SHOWN ON VARIOUS SURVEYS. OKAY. SO SOMEHOW YEARS AGO SOME SURVEYOR DID SOMETHING AND, AND WROTE SOMETHING ON SURVEY. BUT YOU NOTICE THERE'S A NOTE HERE. NO RECORD OF EASEMENT BEING FI FILED IN WESTCHESTER COUNTY CLERK'S OFFICE DIVISION OF LAND RECORDS. OKAY. CAN I ASK YOU, CAN I ASK YOU A QUESTION? YES. WAS ALL THIS BROUGHT UP BEFORE THE COURT? YES. AND ALL OF THIS WAS TAKEN INTO ACCOUNT AND YOU AND YOUR NEIGHBOR HAVE AGREED TO A CONSIDERATION FOR THE TRANSFER OF THIS PROPERTY. YES, EXACTLY. UM, I DON'T WANNA INTERRUPT YOU. I'LL CUT YOU SHORT, BUT I DON'T THINK THIS IS RELEVANT ANYMORE TO US. OKAY. WELL, UM, LIKE I SAID, WHAT I'M DOING IS I'M SETTING THE RECORD STRAIGHT. YOU'VE DONE THAT, YOU'VE DONE THAT. OKAY. THAT THIS IS OUR PROPERTY. I AM LET YOUR HUSBAND FINISH, LET YOUR HUSBAND FINISH BECAUSE THAT WOULD ANSWER YOUR QUESTION AND LET YOUR HUSBAND FINISH. OKAY. SO, UH, UM, SO THAT'S WHAT I WANTED. THAT'S ONE OF THE POINTS I WANTED TO MAKE. RIGHT? OKAY. AND, AND WE DID THIS AND WE AND WE DO, I'M SORRY. AND WE DO WANT, WE ARE GOING TO DO THIS IF IT'S APPROVED BY THE BOARD. OKAY. IT'S BEEN CONTENTIOUS. JUST SPEAK TO THE MIC. SORRY. UM, THANK YOU FOR, TO ANSWER YOUR QUESTION, MY NAME IS MIRIAM KELLER PERKINS. TO ANSWER YOUR QUESTION, THE ONLY REASON WHY WE BROUGHT THIS UP, YOU WERE GIVEN IN YOUR INFORMATION PACKET AND IN, AND, AND ON THE WEBSITE IT STATED THAT WE DIDN'T EVEN KNOW THAT THIS WAS OUR PROPERTY. THAT'S WHAT IT STATED. OKAY. AND WE HAD, WE DID KNOW IT SAID THEY DIDN'T KNOW THIS WAS THEIRS AND WHATEVER. SO WE'RE ADDRESSING, WE ONLY WANTED TO MAKE SURE THAT THE PLANNING BOARD WAS NOT BIASED BY THE COVER LETTER THAT MR. TERRE INCLUDED IN TONIGHT'S MEETING. SO IF YOU GO TO THE WEBSITE, IT SHOWS THE COVER LETTER. SO WE ADDRESSED THOSE QUESTIONS. IT SAID WE BROUGHT THIS LITIGATION, WE WENT BEFORE, NO, TO SOLVE THIS, TO BE QUITE HONEST WITH YOU, WE FILED A VIOLATION TO GET OUR PROPERTY WITH THE TOWN OF GREENBURG. A SUMMONS WAS ISSUED AND NOTHING WAS DONE. AND THAT IS THE REASON WHY WE WENT TO THE NEW YORK SUPREME COURT. SO I'M JUST ADDRESSING WHAT WAS WRITTEN ON THE COVER LETTER THAT WAS SENT BY THEIR ATTORNEY. AND THEY WERE NOT, THOSE WERE ALLEGATIONS THAT WERE NOT TRUE. IT WASN'T NECESSARY. SO IF YOU HAD SAID, WHY IS THIS NECESSARY? DID WE AGREE TO SELL IT? YES. SO THEN WHY BRING ALL OF THAT UP? WHICH IS NOT STATEMENTS OF FACT. SO NOW MY ONLY CONCERN THAT I HAVE IS BASICALLY THERE WERE TWO DRIVEWAYS, YOU WERE TOLD THERE'S ONE WITH TWO AND A HALF AND THE ONE WITH TWO AND A HALF. IF YOU UNDERSTOOD HOW ALL OF THESE HOUSES, JUST, JUST TO GIVE YOU A LITTLE HISTORY FOR A MINUTE. WE LIVE IN A CUL-DE-SAC. THEIR ORIGINAL GARAGE, WHICH WAS BUILT INTO THE FOUNDATION, IS IN THE BACK OF THEIR HOUSE ON THE SAME SIDE AS THAT SMALL DRIVEWAY. A SECOND GARAGE WAS BUILT. A SECOND GARAGE WAS BUILT WHERE YOU HAVE THE OTHER DRIVEWAY, WHICH ENCROACHES ON OUR PROPERTY. THAT OTHER GARAGE DOESN'T EVEN OPEN FROM THE OUTSIDE. SO WE DON'T HAVE A PROBLEM SELLING THEM THE PROPERTY. BUT I DO HAVE A PROBLEM WITH ALL OF THAT IMPERVIOUS SURFACE FROM THE ASPHALT. THEIR LEAD GUTTER GOES INTO OUR YARD. THE SIDEWALK IS SLANTED. SO THE WATER GOES INTO OUR YARD UNDERNEATH THEIR FENCE WHERE THERE WAS A GAP IN THE YARD, THEY HAD PUT BRICKS THERE. SO IF YOU SEE ON OUR MAP IT SAYS A LITTLE RETAINING WALL. THAT'S BECAUSE ALL OF THE SOIL, THEIR WATER FROM THEIR LEAD GUTTER THAT'S COMING OFF OF THE DRIVEWAY. 'CAUSE THAT DRIVEWAY'S AT A SLANT, IT'S ALL COMING INTO OUR YARD. SO WHEN YOU TELL ME ZERO SETBACK, AND I DISCUSSED THIS BACK [01:25:01] LAST YEAR, THE THE FOR ZERO SETBACK ON THAT SIDE, THE ANSWER IS ABSOLUTELY NO. I'M NOT AGREEING TO A ZERO SETBACK. THEIR DRIVEWAY WAS ILLEGALLY PUT IN. THEY DID NOT HAVE A BURP. UM, A PERMIT FOR THAT. BUT WE WILL SELL THEM THE PROPERTY. BUT YOU GOTTA HAVE A SETBACK. 'CAUSE I'M TIRED OF THE WATER. SO THE STANDS, THE DRAIN STORM GOES THROUGH THAT EASEMENT. THE UTILITIES GO THROUGH THE EASEMENT. 10 FEET ARE ON OUR SIDE, FIVE FEET ARE ON THEIRS. CAN I JUST SAY ONE PURPOSE? YES. UM, THESE VARIANCES, YOU KNOW, THE ARGUMENTS YOU'RE MAKING, YOU'VE GOTTA MAKE THEM TO THE ZBA. FINE. I JUST WANTED TO MAKE SURE THAT IF THE PROPERTY IS SOLD. SO I'M SORRY, CAN YOU TELL ME, UM, MICHAEL NO. OKAY. MICHAEL, THE ONLY REASON WHY I'M SAYING I DON'T WANT THE GIACOMO'S TO PUT OUT 10,000. AND THEN IF THEY, WELL, THEY CAN IF THEY WANT, BUT THEN IF THEY'RE TOLD THERE HAS TO BE A SETBACK AND THEN THEY GET UPSET, I AM ONLY CONCERNED ABOUT ALL THAT WATER. AND BECAUSE THE TOWN FINALLY REALIZED THERE WAS NOT A PROPER DRAINAGE ON OUR STREET, ALL THAT WATER IS COME, WAS COMING INTO OUR YARD. YOU CAN CHECK WITH FRANK MO LIBIDO, YOU CAN CHECK WITH MICHAEL. ALL OF THAT WATER WAS COMING INTO OUR PROPERTY. WATER STILL NOW COMES ON INTO OUR PROPERTY ON THE OTHER SIDE. NOW I'M, I'M JUST SAYING I WANNA A SETBACK AND ZERO IS UNACCEPTABLE. OKAY. SO IF YOU APPROVE IT, THAT'S FINE. WE'RE NOT, WE'RE NOT GONNA APPROVE ZERO. THAT'S A, A VARIANCE. AND YOU HAVE TO MAKE YOUR ARGUMENT TO THE ZONING BOARD OF APPEALS. OKAY. THANK YOU. THANK YOU. UM, ANYTHING THERE? YEAH, RESPOND TO SOME OF THOSE COMMENTS PLEASE. YEAH. SO I HAVE A COPY OF A PHOTOGRAPH HERE SHOWS THE EXISTING STATUS OF THE, JUST JUST SPEAK INTO THE MIC FOR THE BENEFIT OF THOSE. THANK YOU. JUST LEAVE IT FOR LATER. SO I'M GONNA HAND YOU GUYS COPIES OF SOME PHOTOS THAT ARE A FEW YEARS OLD, BUT IT SHOWS THE EXISTING STATUS OF THE DRIVEWAY. THANK YOU. THANK YOU. IS IT MULTIPLE COPIES OR IS IT IT'S THE SAME. MULTIPLE COPIES OF THE SAME PHOTOGRAPH. WHAT IS THIS? IS THIS EIGHT OR EIGHT OR SEVEN? THIS IS SEVEN. SO THIS IS THE DRIVEWAY THAT MRS. PERKINS IS TALKING ABOUT. AND THIS IS THE, THE LINE WHERE THE TREES ARE SEPARATES THE TWO PROPERTIES AND HER PROPERTY. IF YOU CAN. DO WE HAVE ANY OTHERS? WE DO. THIS IS, THIS IS THE PRESS OF JOHNSON, ROBERT, EXCUSE ME. NO, I WAS JUST, THANK YOU. I'M SORRY. THANK YOU. WHAT NUMBER, WHAT NUMBER HOUSE IS THIS? THAT'S EIGHT RE LANE. THAT'S MY CLIENT'S PROPERTY. SO THAT'S THE DRIVEWAY THAT WE'RE TALKING ABOUT. AS YOU CAN SEE WHERE SHE'S TALKING ABOUT ALL THE WATER FROM THE DRIVEWAY GOES UNDER HER PROPERTY. I I, WE'VE NEVER HAD AN ALLEGATION LIKE THIS MADE BEFORE. UH, I'VE GOTTEN, ACTUALLY WE HAD TO GET A TRO AGAINST MS. PERKINS TO GET HER TO COMPLY WITH THE SETTLEMENT ORDER IN THIS CASE. AND NOW I'M THINKING THAT SHE WANTS TO TAKE THIS. LET ME, LEMME JUST STOP YOU. YES. LOOK, IF NEITHER ARE YOU, MS. PERKINS, YOU AGREED TO THIS SETTLEMENT AND NOW YOU'RE TRYING TO TAKE IT YES YOU ARE. BY NOT AGREEING TO A VARIANCE, YOU'RE, YOU'RE TANKING IT. NO, WE'RE GONNA BE BACK IN COURT OVER THIS, MA'AM, WE'RE GONNA END THIS, WE'RE GONNA END THIS AND MAKE IT COME BACK IN SEPTEMBER AND YOU'RE GONNA WASTE THREE WEEKS BECAUSE YOU CAN'T, YOU KNOW, STOP ARGUING BETWEEN YOURSELVES. LOOK, I DON'T KNOW IF WATER FROM YOUR CLIENT'S GUTTERS WE'RE GOING INTO MRS. PERKINS PROPERTY OR NOT. SHE SAYS IT IS. IF IT IS, THIS IS NOT SOMETHING THE PLANNING BOARD CAN SOLVE, BUT IF THE WATER IS, YOU SHOULD SPEAK TO YOUR CLIENT AND GET IT REDIRECTED OFF OF THAT PROPERTY. THAT'S NOT THE CASE THOUGH. BUT I, I UNDERSTAND WHAT YOU'RE SAYING. I'M NOT ARGUING WITH YOU. I UNDERSTAND WHAT YOU'RE SAYING. OKAY. WHAT ELSE DO YOU HAVE TO SAY? THAT'S IT. OKAY. THANK YOU. THANK YOU. WE'LL ADD THIS TO THE RECORD. THANK YOU VERY MUCH. ALRIGHT. UM, KEEP IT SHORT. YES, MICHAEL, I WILL, MICHAEL I WILL PROVIDE AT OUR NEXT MEETING OR WHATEVER DECISION PICTURES, I ACTUALLY HAVE VIDEOS OF THE WATER THAT COMES INTO OUR YARD. YOU COULD, THAT'S FINE. YOU COULD SUBMIT THEM, YOU COULD SUBMIT THEM TO AARON. YES. YOU KNOW, AFTER THE MEETING. THAT WOULD BE HELPFUL AND HE'LL DISTRIBUTE THEM TO US. THANK YOU. YES. OKAY. AND IF IT'S, IF IT'S ELECTRONIC, THAT'S FINE. IF THERE ARE HARD COPIES, WE WOULD LIKE EIGHT COPIES. OKAY. FOR DISTRIBUTION TO THE BOARD, I DID WANT TO ASK MR. AU YES. WHERE HE AND HIS CLIENT STAND IN TERMS OF MAKING APPLICATION TO THE ZONING BOARD OF APPEALS. I JUST GOT THE APPLICATION TODAY. I INTEND TO COMPLETE IT AND GET IT SUBMITTED THIS WEEK. GREAT. SO IF YOU SUBMIT PRIOR TO I BELIEVE SEPTEMBER 16TH, WE'LL GET ON THE OCTOBER CALENDAR, YOU WILL BE CONSIDERED OKAY. FOR THE OCTOBER DEPENDING ON WHAT THEIR CURRENT CASE LOAD IS. SURE. OKAY. SO WITH THAT SAID, UM, DO ANY OTHER MEMBERS HAVE ANY QUESTIONS? BECAUSE THEN I WOULD GET INTO PROCEDURE, BUT I DON'T WANNA JUMP THE GUN. MR. [01:30:01] DESAI, ANY QUESTIONS? UH, YOU CAN TAKE DOWN THE SHARE SCREEN PLEASE. OH, I DO. YEAH. THERE WAS JUST A LESLIE, UH, NOTED HERE ABOUT PUTTING UP A FENCE. YES. THAT'S NOT MY CLIENT. THAT WOULD BE, OH NO, I'M SORRY. YOU'RE RIGHT THAT HE SHOULDN'T CHANGE THE PROPERTY. SO, SO, UM, WE'RE GONNA PUT, WE'RE GONNA GONNA PUT A FENCE UP ALONG THE PROPERTY LINE AND WE'RE HOPING THAT THEY WOULD BE AMENABLE TO THAT AND NOT. OKAY. THAT'S ALL I HAD ADMIT. RIGHT. AND, AND WE DID TAKE A LOOK AT THAT. SO, UM, WHILE IT WAS STATED IN MR. RE'S COVER LETTER, THERE'S NO GROUNDBREAKING OR PHYSICAL GROUND DISTURBANCE. I UNDERSTAND THAT YOU CLARIFIED THAT AND WE REVIEWED IT WITH OUR BUILDING INSPECTOR'S OFFICE. WE REVIEWED IT INTERNALLY. IF YOU DECIDE TO PUT A FENCE ALONG YOUR PROPERTY IN COMPLIANCE WITH THE ZONING ORDINANCE, WE CAN DO THAT. YOU CAN DO THAT. THAT'S WHAT WE WERE ONLY ADDRESSING BECAUSE HIS COVER LETTER SAYS NOT YOU JUST, YOU JUST HAVE TO CHECK WITH THE BUILDING DEPARTMENT. THERE MAY BE HEIGHT RESTRICTIONS, WHATEVER. CORRECT. I'VE NEVER PUT UP A FENCE. SO, YOU KNOW, BUT IT HAS NOTHING TO, WE, WE WILL NOT, WE NEVER OPINE ON THOSE THINGS. THAT'S BASICALLY IT, YOU KNOW. AND JUST FOR THE RECORD, MY COVER LETTER SIMPLY SAID THAT AS A RESULT OF THE LOT LINE ADJUSTMENT, WE WOULDN'T BE BREAKING GROUND OR ANYTHING. I DIDN'T COMMENT ON THEM NOT BUILDING A FENCE, THAT'S ALL. SO WE'VE GOT THE COVER LETTER, WE CAN READ IT. THANK YOU. OKAY. WE GOT TO, BUT I BELIEVE THERE MAY HAVE BEEN OTHER QUESTIONS. OH, I'M SORRY. I'M, I'M, I'M GOOD AT THIS TIME. OKAY. AND IF I NEED TO MEET, YOU KNOW, IF YOU HAVE QUESTIONS OFFLINE, THAT'S FINE. UM, IN TERMS OF PROCEDURE, I DO WANT TO NOTE FOR THE BOARD, FOR THE APPLICANTS AND MEMBERS OF THE PUBLIC, THAT THE PROPOSED LOT LINE CHANGE QUALIFIES AS A TYPE TWO ACTION UNDER SEEKER IN THE UPDATED SEEKER REGULATIONS. UH, THEY WERE UPDATED TO INCLUDE LOT LINE ADJUSTMENTS. SO THE BOARD CAN CONSIDER THAT. OKAY. UM, JUST ONE THING, DYLAN, IF, IF, HOLD ON, YOU WOULD HAVE TO COME UP TO PERSON. DID YOU ALSO, BEFORE WHATEVER DECISION YOU MAKE, DO WE ALSO HAVE, SEE, I DON'T WANNA HAVE TO SUBMIT A VARIANCE FOR OUR PROPERTY IS ALREADY NON-COMPLIANCE. IF YOU DO NOT APPROVE THIS, THEN I'M APPLYING FOR A VARIANCE THAT I MAY NOT NEED. OKAY. SO THAT'S WHAT I WANT TO KNOW. LET'S CONSIDER THE APPLICATION UNTIL YOU GET THE VARIANCE. OKAY. OKAY. THAT'S WHAT I NEEDED TO KNOW. THANK YOU. AND I'LL, I'LL JUST ELABORATE ON THAT. OKAY. PROCEDURALLY WHAT HAPPENS WHEN BOTH BOARDS ARE INVOLVED, THE PLANNING BOARD WILL ISSUE A RECOMMENDATION TO THE ZONING BOARD OF APPEALS. THE PLANNING BOARD HAS A COPY OF THE VARIANCE DETERMINATION, BOTH FOR YOUR, YOUR LOT AND FOR THE NEIGHBOR'S LAW. OKAY. RIGHT. THE PLANNING BOARD WILL ISSUE A RECOMMENDATION AND THEN KIND OF SHELVED THIS AND NOT HAVE A PUBLIC HEARING UNTIL AFTER THE ZONING BOARD OF APPEALS DECIDES. OKAY. OKAY. AT THAT TIME, IF THERE'S A DECISION THAT'S FAVORABLE, IT'LL COME BACK TO THE PLAN. OR IF THE PLAN WAS MODIFIED, IT WOULD COME BACK TO THE PLANNING BOARD. THEY'D HAVE A PUBLIC HEARING AND THEN MAKE A DECISION ON THE PRELIMINARY SUBDIVISION. OKAY. CAN I, CAN, CAN I JUST CUT IN? ABSOLUTELY. THIS IS THE SAME QUESTION. SURE. SO WE ARE ALREADY, UH, NON-CONFORMING OR BELOW THE 10,000 STUFF LIKE THAT. UM, SO THIS IS GONNA REDUCE IT BY 166 SQUARE FEET. RIGHT. UM, IS IT, I KNOW YOU COULDN'T MAYBE TELL US YES OR NO RIGHT NOW, BUT IS IT DO, WILL WE NEED A VARIANCE TO REDUCE IT FURTHER? IT'S ALREADY NON-CONFORMING. YOU WILL, WE WILL, YES. OKAY. SO IF WE APPLYING FOR TWO OR JUST ONE OR JUST APPLYING FOR JUST ONE, WE'LL PROVIDE YOU WITH A COPY OF THIS VARIANCE DETERMINATION MEMO. OKAY. IT IDENTIFIES TWO VARIANCES. OKAY. AND I'LL GO THROUGH THEM QUICKLY. ONE, AS YOU JUST DISCUSSED, TO FURTHER REDUCE THE LOT AREA AND THEN TWO, TO FURTHER REDUCE THE LOT WIDTH. SO YOUR LOT WIDTH AS REQUIRED UNDER THE ZONING ORDINANCE 100 FEET. CURRENTLY YOU HAVE 71.10 RIGHT. LOT WIDTH. AND WITH THE FURTHER REDUCTION IT WOULD BE DOWN TO 64.77 FEET. OKAY. SO YOU WOULD NEED THOSE TWO VARIANCES. OKAY. OKAY. AND I'LL GIVE YOU A COPY. YES. MICHAEL, DO YOU HAVE A QUESTION? NO, I JUST, JUST TO GIVE YOU SOME COMFORT. OKAY. THIS IS A VERY TECHNICAL ISSUE. NOTHING'S GONNA CHANGE ON THE GROUND. I MEAN, I DON'T SPEAK TO THE ZBA, BUT WE'VE SEEN THEM WORK, YOU KNOW, DOZENS AND DOZENS OF TIMES. THIS IS NOT SOMETHING I WOULD BE CONCERNED ABOUT. NO, NO, NO. I'VE BEEN BEFORE THEM BECAUSE THEY SET A VIOLATION AGAINST US THAT OUR, OUR SETBACK FOR OUR DRIVEWAY WAS NOT 12 FEET AND WE NEVER CHANGED OUR DRIVEWAY. PLEASE, SORRY. PLEASE SPEAK INTO THE MICROPHONE. THEY, I'VE BEEN BEFORE THE ZONING BOARD AND GOT IT APPROVED. DON'T UNDERSTAND. YES. OKAY. YES. OKAY. SO I, I'D TO, I'D LIKE TO MOVE ON, I THINK, OR IS THAT, I ONLY GIVE YOU ONE FOR A, I THINK THE NEXT THING IF I DON'T GET KICKED BY AARON, IS TO, UH, DECLARE THIS A TYPE TWO ACTION. [01:35:01] SO CAN I HAVE A MOTION FOR THAT EFFECT? SO MOVED. SECOND. SECOND. UH, TOO LATE. CARRIED. ALL IN FAVOR? AYE. AYE. AYE. OKAY. AYE. SO THEREFORE THERE'S NO FURTHER ACTION REQUIRED UNDER THE STATE ENVIRONMENTAL QUALITY REVIEW ACT. SEEKER IS NOW COMPLETE FOR THE PROJECT, FOR THE PLANNING. SO NOW THE QUESTION IS, YOU KNOW, WHETHER WE SHOULD MAKE A ZONING. I MEAN, IT'S, IT'S TONIGHT THE APPROPRIATE TIME TO MAKE A RECOMMENDATION. I THINK IT'S APPROPRIATE TO DISCUSS IT AND THEN WHETHER YOU WANT TO VOTE OR YOU WANT TO SEE A DRAFT BEFORE YOU VOTE. SO, LEMME LEMME, LEMME JUST, LEMME JUST SAY THIS FIRST AND THEN WE CAN GO AROUND THE TABLE. UM, A IF WE GIVE A NEGATIVE OR POSITIVE AS OPPOSED TO A NEUTRAL, IT MEANS THAT THE ACTUAL APPLICATION, YOU KNOW, WILL HAVE A NEGATIVE PLANNING IMPLICATION OR MAYBE THE VARIANCE THEY REQUESTED AS A RESULT OF A POSITIVE, UM, PLANNING MODIFICATION. SOMETHING THAT WOULD IMPROVE THE PROPERTY, YOU KNOW, STORM WATER SYSTEM, WHICH MAY REQUIRE A CERTAIN VARIANCE, THINGS LIKE THAT. MY PERSONAL OPINION, THEN WE'LL JUST GO AROUND THE ROOM IS THIS SHOULD BE NEUTRAL. I MEAN, THERE'S NO PLANNING ISSUES REALLY. IT'S JUST THE MOVEMENT OF A LAW LINE. HAVING SAID THAT, DYLAN, YOUR THOUGHTS? I, I THINK THAT SOUND LOGIC I AGREE, LESLIE, UH, IN, IN TERMS OF THAT, THE RECOMMENDATION FOR ME IS NEUTRAL. YEAH. WHAT DO YOU THINK I SAID NEUTRAL. OH, OKAY. SORRY. CARROT NEUTRAL. OKAY, SO NEUTRAL I CALL FOR A MOTION FOR NEUTRAL RECOMMENDATION. SO, MOVED ON. ALL FOUR VARIANTS ON ALL FOURS FOR EACH PROPERTY. YES. SO YES, AS THERE ARE NO PLANNING IMPLICATIONS, EITHER POSITIVE OR NEGATIVE, IMPACTING THE SECOND WAIT, DID WE MAKE THE MO? WHO'S MAKING THE MOTION? I'M ASKING DYLAN. DYLAN. DYLAN MADE THE MOTION. NO, HE, HE. OKAY. OH YES HE DID. SECOND. SECOND. ALRIGHT. ALL IN FAVOR? AYE. AYE. OKAY. OKAY. GOOD LUCK AT THE ZBA. SO NOW IT'S JUST FOR THE ZBA NOW? YES. ZBA. AND, AND IF YOU GET YOUR APPROVALS, THEN WE'LL SET YOU DOWN FOR A PUBLIC HEARING AND THEN WE'LL SET YOU DOWN FOR A PUBLIC HEARING IF THE ZBA APPROVES THE VARIANCES. OKAY. OKAY. THANK YOU FOR ANSWERING. SO WHEN IT'S CIRCULATED TO THE ZONING BOARD, WHEN IT'S CIRCULATED TO THE ZONING BOARD, IT WILL ALSO BE CIRCULATED TO ALL PLANNING BOARD DOCUMENT. BASED ON TONIGHT'S DISCUSSION, WE'RE VERY CLEAR ON THE, UH, OBVIOUSLY THE RECOMMENDATION, BUT ALSO THE FOLLOW UP OR ADDITIONAL INFORMATION INDICATING THAT THERE ARE NO PLANNING IMPLICATIONS TO SWAY THE BOARD OR TO HAVE THE BOARD MAKE A DETERMINATION ON A POSITIVE OR A NEGATIVE. IT FITS INTO THAT NEUTRAL CATEGORY. OBJECTION. ALRIGHT. WE COULD EXPLAIN THIS TO YOU MORE LATER. I, I'VE, UH, I KNOW THAT THERE'S A CONVERSATION ABOUT THIS. YEAH, MR. LIEBERMAN. OKAY. WE REALLY APPRECIATE ALL YOUR SUPPORT AND GUIDANCE THIS EVENING. UH, NO, SERIOUSLY, WE APPRECIATE YOU BEING HERE SO THAT THE PROJECT COULD BE PLACED ON THIS AGENDA. SO NICE MEETING YOU. THANK YOU. WE'LL SEE YOU AT THE NEXT ONE. OKAY. WELCOME. THANK YOU. YOU ALWAYS AGREE TO ATTEND. OKAY, LAST ITEM ON THE AGENDA IS, UH, PV 24 16 WHITE PLAINS VETERINARY HOSPITAL. GOOD JOB. HUH? AND THAT IS A VETERINARY BECAUSE MY DAUGHTER'S A VETERINARIAN. THERE YOU GO. COR WE'RE ON OUR LAST, UH, ITEM. OKAY. I KNOW MICHAEL IS DOING VERY GOOD. I GOT ANOTHER 10 MINUTES. DON'T SAY THAT. IT MAY BECOME PERMANENT. I DON'T WANT THAT. , WE ABLE TO MAKE YOU PERMANENT CHAIR. ALRIGHT. WE HAVE MR. VARIABLE HERE THIS EVENING ON BEHALF OF, UH, WHITE PLAINS ANIMAL HOSPITAL. YES. UH, THANK YOU. YOUR, UH, SO AGAIN, FOR THE RECORD, STEVEN RABEL MCCALL, GOLDBERGER AND STOUT ON BEHALF OF WHITE PLAINS VETERINARIAN HOSPITAL. UH, WE'LL TRY AND KEEP THE MOMENTUM GOING. I WILL QUICKLY, IF IT'S ALL RIGHT WITH THE BOARD, SHARE MY SCREEN JUST TO GET THE PLANS UP. EXCELLENT. OKAY. UH, SO JUST BY WAY OF BACKGROUND, UH, I HAVE WITH ME TODAY DR. JUAN LEE, WHO RUNS WHITE PLAINS VETERINARY HOSPITAL. UH, THEY HAVE AN ONGOING PRACTICE CURRENTLY IN THE CITY OF WHITE PLAINS. [01:40:01] UH, THEY TREAT TYPICAL HOUSEHOLD PETS, UM, YOU KNOW, NEUTERING, SPAYING, WELLNESS CHECKS, NUTRITIONAL CONSULTATIONS. UH, THEY QUALIFY AS A SMALL ANIMAL HOSPITAL, WHICH IS A PERMITTED SPECIAL PERMIT USE IN THE DS DISTRICT. AND THAT IS THE DISTRICT WE'RE TALKING ABOUT. UH, DR. LEE AND HIS PRACTICE, UH, ARE CONSIDERING A MOVE. THEY'RE EXCITED TO BECOME PART OF THE GREENBURG COMMUNITY. SO THEY'D LIKE TO RELOCATE TO 45 TERRYTOWN ROAD IN THE DS DISTRICT. YOU CAN SEE IT ON THAT MAP THERE. IT'S ON THE SOUTH SIDE OF TERRYTOWN ROAD. UH, ROUTE 100. AT THAT POINT, I THINK IT BECOMES ONE 19 A LITTLE LATER ON. SO, UH, TO KEEP IT AS SIMPLE AS I CAN, WE'RE TALKING ABOUT RETENANTING OF AN EXISTING COMMERCIAL BUILDING ON THE PROPERTY. IT'S CURRENTLY DESIGNATED AS A RETAILER. I THINK IT ALSO, UH, HAS SOME PET GROOMING ELEMENTS TO IT. NO, OUTSIDE CHANGES ARE PROPOSED. UH, THIS WOULD JUST BE ADAPTIVE REUSE OF THE EXISTING STRUCTURE. UM, WE DETAILED IN OUR WRITTEN SUBMISSION HOW WE BELIEVE WE'VE MET ALL THE CRITERIA FOR SPECIAL PERMIT. I'M HAPPY TO GO INTO THOSE IN DETAIL IF YOU'D LIKE. UH, BUT I KNOW IT'S LATE, SO UNLESS THE BOARD WANTS ME TO, I'LL, I'LL, I'LL LEAVE IT IN THE WRITTEN SUBMISSION. UH, AND IT'S NOTED THAT WE ARE ANTICIPATED TO REQUIRE A VARIANCE FOR LOT AREA. UH, WE FILED WITH THE ZONING BOARD AND WE'RE TENTATIVELY ON THEIR SEPTEMBER 19TH AGENDA. SO, UH, IN ADDITION TO THE SPECIAL PERMIT APPROVAL, WE'D BE SEEKING A REFERRAL TO THE ZVA. UM, UH, THE ONLY OTHER THING I WOULD MENTION PROCEDURALLY, UH, IS THAT BECAUSE THERE ARE NO EXTERNAL CHANGES, ALL ELEMENTS ARE GONNA BE INSIDE THE BUILDING, NO CHANGES TO THE LOT OR THE BUILDING ITSELF. WE HAVE ALSO REQUESTED A SITE PLAN WAIVER. UH, SO I'LL PAUSE THERE. I KNOW I WENT A LITTLE QUICKLY. IF YOU HAVE ANY QUESTIONS, HAPPY TO ANSWER THEM. ANYBODY. SO THIS IS THE ONE NEXT TO SMASHBURGER, CORRECT? YES. NO, NO. THE STREET VIEW OF IT. YES. SO IT'S, IT'S ALREADY A, A GREEN. YEAH, NO. IS IT CURRENTLY OCCUPIED? I BELIEVE IT MAY CURRENTLY BE OCCUPIED, BUT THE CURRENT TENANT, IF THEY HAVEN'T VACATED ALREADY, UH, MY UNDERSTANDING IS THAT THEY WILL BE VACATING SOON. SO I DON'T KNOW IF THEY'RE STILL IN OR NOT, BUT THEY WON'T BE FOR LONG. OKAY. WHERE WOULD YOU BE WALKING? ANY DOGS THAT NEED TO BE WALKED? SO I DON'T BELIEVE, UH, IT'S ANTICIPATED THAT DOG WALKING WILL REALLY TAKE PLACE. UH, THERE'S NO OVERNIGHT KENNELING, NO OVERNIGHT STAY. UH, IT'S REALLY, UH, I GUESS YOU'D CALL IT OUTPATIENT PROCEDURES. OKAY. WELL, MAYBE I SHOULD ASK MORE BLUNTLY. WHERE DO THE ANIMALS RELIEVE THEMSELVES WHILE THEY'RE IN YOUR CARE? SO, UH, DR. LEE, I DON'T KNOW IF YOU WANNA SPEAK TO, IF WE'RE GONNA BE SETTING UP A DESIGNATED RELIEF AREA IN INSIDE, YOU KNOW, WITH LIKE A PEE PADD OR IF OWNERS WILL TAKE THEIR ANIMALS HOME. AND I JUST COME UP TO THAT CAN POINT HOW MANY, HOW MANY ANIMALS ARE WE TALKING ABOUT? SO, UH, TYPICAL HOURS OF OPERATION, JUST TO GIVE YOU SOME BACKGROUND, ARE EIGHT TO SEVEN ON WEEKDAYS. EIGHT TO TWO ON SATURDAYS, AND THEY'RE CLOSED ON SUNDAY DURING A FULL DAY. THEY SEE ABOUT 30 CLIENTS THROUGHOUT THE COURSE OF THE 11 HOUR DAY, ALL ALMOST ALWAYS BY APPOINTMENT. SO THAT NETS OUT TO JUST UNDER THREE CLIENTS OR PATIENTS PER HOUR. HOW MANY PARKING SPOTS DO YOU THINK YOU REALLY NEED? I, I KNOW YOU'RE NOT LOOKING FOR A WAIVER OR ANYTHING, BUT YEAH. UH, JUST OUTTA CURIOSITY, YOU KNOW, THERE'S EIGHT TOTAL DOCTORS AND STAFF, UM, AND YOU KNOW, IT, THAT'S AT MAXIMUM, UH, USAGE DURING PEAK HOURS. UH, AND THEN IF YOU'RE LOOKING AT, LET'S ROUND UP TO, TO FOUR PATIENTS AN HOUR. SO YOU'RE TALKING 12, 13 SPOTS. YEAH, IT'S, IT'S REALLY NOT TOO MANY. UM, YOU WANNA ANSWER THE QUESTION? DO I NEED TO SPEAK INTO THE MIC? YOU DO. IF YOU, IF YOU COULD, SO WE CAN HEAR YOU YOUR NAME PLEASE. THERE ARE FOLKS, UH, AND MEMBERS ATTENDING VIA ZOOM. OKAY. UM, MY NAME IS DR. JUAN LEE. AND, UM, OUR INTENTION IS TO MAKE A PET RELIEF AREA INSIDE THE BUILDING AS, UH, WE DON'T WANNA MAKE ANY EXTERIOR CHANGES. OKAY. THANK YOU. IN COORDINATION WITH THAT, IS THERE VENTILATION AND OTHER MITIGATING FACTORS TO ADDRESS THINGS THAT, UM, ODORS AND, AND VENTILATION? YEAH, SO IT'S, IT'S A CRITERIA OF THE SPECIAL PERMIT. IT'S GOTTA BE FULLY ENCLOSED, SOUNDPROOF, VENTILATED, AIR CONDITIONED. UH, YEAH. WHERE, UH, EXCUSE ME, WHERE ON THE FLOOR PLAN WOULD THAT BE? BECAUSE I DON'T, SO I DON'T KNOW IF IT'S DESIGNATED THE, THE RELIEF AREA. I DON'T KNOW IF THAT'S BEEN DESIGNATED AS OF THE JUNE DRAWINGS. UM, IF YOU'D LIKE TO SEE AN ADDITIONAL DETAIL ON THAT, I'M SURE WE CAN. WE WOULD, YES. OKAY. SURE. I THINK THAT'S CRITICAL. THANK YOU. YEAH. AND, AND JUST TO CLARIFY, YOU SAID ABOUT THREE ANIMALS PER HOUR. SO I SEE [01:45:01] A, A DOG EXAM ROOM, A LARGE DOG EXAM ROOM, A DOCTOR'S OFF DOCTOR'S OFFICE, UH, A SURGERY ROOM AND A CAT EXAM ROOM. SO THEY WOULDN'T ALL BE USED AT THE SAME TIME OR SO, YEAH. UH, FOR THE RECORD, FOR ANYONE LISTENING, DR. LEE SHOOK HIS HEAD. NO THANK YOU. OKAY. OKAY. SO NOT ANTICIPATED. NO. WOULD YOU BE THE, I GUESS THE ONLY DOCTOR IN THE OFFICE OR WOULD THERE BE OTHER DOCTORS WORKING UNDER YOU? THERE'S TWO DOCTORS IN THE PRACTICE AND SUPPORT STAFF. OKAY. OKAY. SO I GUESS MAYBE THAT'S WHERE WE NEED CLARITY ON THE, ON THE THREE ANIMALS PER HOUR. SO YOU SAID YOU'RE DOING NEUTERING SPAYING AND DON'T THEY STAY THERE FOR A LITTLE BIT OF TIME? YES. IF YOU WANNA SPEAK TO THAT. AND AGAIN, THE THREE ANIMALS PER HOUR, THAT'S JUST MY MATH. IF YOU TAKE 30 APPOINTMENTS OVER AN 11 HOUR DAY, IT'S UNDER THREE ANIMALS PER HOUR OR UNDER THREE APPOINTMENTS PER HOUR. CERTAINLY. I DON'T, I THINK THERE'S THE POSSIBILITY FOR SOME SLOWING OR EXTENDING OF CERTAIN APPOINTMENTS. IT'S NOT RUN AS, I GUESS MAYBE A BETTER WAY TO PUT IT. IS THIS A, A NEUTER SPA CLINIC OR IS IT YOU HAVE, LET'S SAY, THE DIFFERENCE BETWEEN A NEUTER SPAY CLINIC AND A PERSON WHO HAS A VETERINARIAN THAT THEY BRING THEIR ANIMAL TO? THERE'S A LITTLE BIT OF A DIFFERENCE BETWEEN THOSE TWO. YEAH, SO THIS ISN'T EXCLUSIVELY NEUTER SPAY. THEY DO WELLNESS CHECKS, THEY DO NUTRITIONAL, UH, CONSULTATIONS. UM, NEUTERING SPAY IS PART OF THE SERVICES THEY PROVIDE, BUT IT'S NOT A, A HIGH VOLUME IN AND OUT OPERATION IF, IF THAT'S THE NATURE OF THE QUESTION. AND, AND YOU SAID THE HOURS OF OPERATION WOULD BE WHAT AGAIN? EIGHT TO SEVEN MONDAY THROUGH FRIDAY, EIGHT TO TWO ON SATURDAY IS CLOSED ON SUNDAY. OKAY. AND DO YOU KNOW THE EXISTING OPERATION OR HOURS OF OPERATIONS OF THE GROOMING? I DON'T OFFHAND. OKAY. AND THE EXISTING LOCATION IN WHITE PLAINS? THE EXISTING LOCATION IN WHITE PLAINS IS ONE 14 SOUTH KENSICO AVENUE. THANK YOU. ANYTHING ELSE? AND YOU SAID CLOSE SUNDAY, I'M SORRY, RIGHT. CORRECT. THANK YOU. SO YOU'RE GONNA DO ANOTHER PLAN AND SHOW US WHERE THE RELIEF AREA IS. ABSOLUTELY. AND I THINK YOU SHOULD, WE SHOULD INCLUDE ANY OF THE DETAILS. , YOU SHOULD INCLUDE ANY OF THE DETAILS THAT ARE NECESSARY FOR THE SPECIAL PERMIT, LIKE THE, UM, VENTILATION AND THE YEAH. UM, NOISE LIKE, UH, BATTEN OR ANYTHING USED TO REDUCE THE NOISE AND ANY OF THOSE DETAILS AS WELL. PLEASE. SO YOU'RE, YOU'RE TALKING PARTICULARLY FOR THAT ROOM? YEAH. WE DON'T CARE HOW YOU AIR CONDITION THE BUILDING, BUT YOU KNOW, FOR THAT, FOR THAT ROOM WITH THE ODORS, WE'D LIKE A LITTLE MORE SPECIFICS PLEASE. THE REST WOULD BE COVERED UNDER THE BUILDING PERMIT APPLICATION. SO THE, SORRY, THIS IS MR. LEE AGAIN. SO THE CURRENT SPACE IS ACTUALLY OCCUPIED BY A PUPPY MILL STORE. RIGHT. AND PUPPY MILL STORES HAVE BEEN, UH, BECOME ILLEGAL IN NEW YORK. SO THEY HAVE TO VACATE BY DECEMBER MM-HMM. , TO BE HONEST WITH YOU, THE, UH, FACILITY, UM, UH, THEY'RE USING IT AS A PUPPY MILL STORE. SO, UH, WE ARE MAKING THE, THE PROPERTY ACTUALLY A LOT MORE VENTILATED AND CLEANING THE WHOLE PLACE OUT. GOOD. OKAY. SO IT'S GONNA BE A LOT BETTER THAN THE CURRENT SITUATION. OKAY, THAT'S GOOD TO KNOW. THANK YOU. THANK, OKAY. ANYTHING ELSE KI YOU JUST, JUST YEAH, NO, UH, THE EXISTING PLAN DOESN'T SHOW, UH, HOW MANY EXITS YOU HAVE TO THE BUILDING AND WHAT HAPPENS IN CASE OF EMERGENCY, WHERE IS A GARBAGE, UH, DISPOSAL, IF ANY, AND, UH, LIGHTING TO THE, UH, WHERE THE EXITING IS AND THE GARBAGE WOULD BE STORED. SO THEY NEED TO SHOW ALL THAT AROUND THE, AROUND THE PROPERTY. YEAH, THAT'S A GOOD POINT. THANK YOU. CAN YOU INCLUDE THAT IN THE REVISED PLAN? WE DEFINITELY NEED TO SEE WASTE REMOVAL. MR. ROBEL, DID YOU CATCH EVERYTHING THAT CUR SIR? UH, EXITS LIGHTING AND GARBAGE DISPOSAL? UH, MY UNDERSTANDING IS, IS YOU, YOU'RE TALKING ABOUT EXTERNAL LIGHTING CUR? UH, YEAH, BUT THE, UH, I I DON'T BELIEVE THERE'S ANY EXITS. EXIT. YEAH. I DON'T THINK EXIT FROM THE BUILDING. I, I DON'T THINK ANY CHANGES ARE PROPOSED TO EXTERNAL LIGHTING. NO, BUT, BUT, BUT WE [01:50:01] WANNA KNOW IT. JUST SHOW IT TO IT SO THAT WHEN WE APPROVE IT, UH, WE UNDERSTAND OUR STUFF. YOU JUST WANNA MAKE SURE ALSO THE SIGNAGE. I THINK ONE MORE THING I MISSED IS I DIDN'T SEE ANY SIGNAGE. SO WHAT KIND OF SIGNAGE YOU ARE PROPOSING AND IF YOU SHOW IT ON YOUR NEXT SUBMISSION, WE CAN LOOK INTO THAT FOR YOU. MR. DESAI. I DON'T KNOW IF THEY'VE LANDED ON A SIGNAGE DESIGN YET, BUT I BELIEVE THE, UH, EXPECTATION IS TO COMPLY WITH THE SIGN AND ILLUMINATION LAW. SO, KAREN, IN, IN, IN TERMS OF LIGHTING, YOU JUST WANNA MAKE SURE THAT THE ENTRANCE ENTRANCES AND EXITS ARE LIT UP CORRECT? ON THE OUTSIDE? CORRECT. ALRIGHT. YES, YOU COULD JUST, I'M SURE THE EXISTING LIGHTING IS SUFFICIENT. YOU'LL JUST SHOW US THAT, YOU KNOW, ON THE PLAN OR IN SOME SUPPLEMENTARY ALRIGHT. OKAY. RIGHT. SO YOU LIST, I'M SORRY, YOUR HOURS TILL 7:00 PM AND GIVEN THAT BACK AND FALL INTO THE EVENING HOURS. YEAH. UNDERSTOOD. REASONABLE AT THE TIME. YEP. OKAY. AND, AND JUST TO CONFIRM, YOU WOULD ONLY, UH, TREAT DOGS AND CATS? THERE'S NO OTHER ANIMALS. I, OH, THERE YOU GO. YES. OKAY. YES. OKAY. ALRIGHT. ANYTHING ELSE, LESLIE? UH, THANK YOU. THANK YOU. SO, OKAY, SO THIS IS A TYPE TWO ACTION, RIGHT? IT IS. DID I STEAL YOUR THUNDER? NO. ALL RIGHT. CAN I, NO THUNDER. NOW WHY IS IT A TYPE TWO ACTION? OKAY, SO, UH, RE IT'S A REUS PURPOSING OF A COMMERCIAL SPACE UNDER A CONSTITUTES A TYPE TWO ACTION. OKAY. THOMAS SECRET TYPE TWO LIST. CORRECT. CALL FOR MOTION DESIGNATED DESIGNATING IT TYPE TWO. SO MOVED SECOND. ALL IN FAVOR? AYE. AYE. AYE. OKAY. AND I GUESS THE, UH, ZBA RECOMMENDATION, RIGHT? SO AGAIN, LOT AREA REQUIRED, UH, IN THE DISTRICT, 40,000 SQUARE FEET EXISTING AND PROPOSED 13,000, 68 40,000 IS REQUIRED FOR A VETERINARY PRACTICE, UH, FOR A SMALL ANIMAL HOSPITAL UNDER THE CODE. OKAY. SO THE IDEA I THINK IS USUALLY TO HAVE ADDITIONAL SPACE AROUND THE BUILDING, BUT YOU KNOW, THE, THE CURRENT CONFIGURATION YOU HAVE SEVERAL SMALL LOTS WITHIN A LARGER LOT IS REALLY WHAT IT, WHAT IT IS. SO IT'S LIKE NORMALLY YOU'D HAVE A SHOPPING PLAZA THAT'S NOT REALLY BROKEN DOWN INTO ALL THESE MULTITUDE OF SMALLER LOTS. RIGHT? SO THIS, THIS LOT BACKS UP TO SOMEWHAT ASSOCIATED WITH THE WHITE PLAINS SHOPPING CENTER LOT. MM-HMM. WITH THE, OKAY. BUT IT'S A SEPARATE LOT FROM THE SHOP, THE STORE. IT IS. OKAY. BUT THERE'S A CROSS AGREEMENT ON THE PARKING IS THAT, UH, HE SAID THERE'S NO, I, I'M NOT AWARE OF A FORMAL WRITTEN AGREEMENT. OKAY. BUT I, MM-HMM, , I'M SORRY. YOU WERE SAYING THAT THERE'S AN INTENTION WITH THE 40,000 WITH THE 40,000 THEY, ARE THEY SAYING FOR THE ACTUAL BUILDING OR THEY'RE SAYING FOR THE LOT, LOT AREA. FOR THE LOT AREA. CORRECT. SO IS THERE SOME IDEA WHAT THE INTENTION IS FOR THE, LIKE, JUST LIKE WE TALK ABOUT SETBACKS, SO WHEN THEY'RE TALKING ABOUT A VETERINARIAN HOSPITAL SAYING 40,000 SQUARE FEET, IS THERE UM, SORT OF A MINIMUM SETBACK THAT, OR A MINIMUM UH, I'M SORRY, GO AHEAD. A MINIMUM SPACE AROUND THE BUILDING THAT THEY FEEL IS ACCEPTABLE FOR A VETERINARIAN HOSPITAL WITHOUT SAYING YOU, IT HAS TO BE THIS MANY SQUARE FEET FOR THE BUILDING. I THINK THE IDEA IS TO PROVIDE PROTECTION AGAINST NEIGHBORING PROPERTIES. REALLY WITH A LOT SIZE. YOU COULD HAVE AN OUTDOOR RELIEF AREA IN THIS CASE THEY'RE NOT PROPOSING ONE MM-HMM. AREA SPACE TO, AND, AND IF I CAN JUST ADD TO THAT, MY UNDERSTANDING IS LAST YEAR, UH, SPECIAL PERMIT APPROVAL WAS GRANTED FOR THE, UM, ANIMAL DERMATOLOGY CLINIC. MM-HMM. , I THINK YOU CAN EVEN SEE IT ON THE AERIAL THERE, WHICH I BELIEVE IS, IS PART OF A LARGER BUILDING. SO IT HAS SHARED WALLS WITH OTHER USES. SO I WOULD ARGUE THAT THE LOT AREA REQUIREMENT, IF IT WAS DEEMED SATISFIED ON THAT PROPERTY, EVEN THOUGH THEY HAD SHARED WALLS, THE INTENT OF IT WOULD STILL BE MET HERE. IT BEING A ITS OWN SEPARATE BUILDING. CORRECT. I MEAN THE OUTSIDE OF THE BOUNDARIES OF THE PLANNING BOARD, IT JUST REALLY HAD MORE FOR ME SURE. TO DO WITH WHAT'S NEXT TO THE VETERINARIAN HOSPITAL. AND I DO UNDERSTAND THAT THERE WAS APU, THAT PUPPY MILL THAT WAS THERE AND I, I DO UNDERSTAND THAT, BUT THAT, THAT'S MY CONCERN. THAT MIGHT BE, AGAIN, OUTSIDE OF THE SCOPE OF WHAT WE TALK ABOUT, BUT THEN THAT'S WHY I WAS THINKING ABOUT THE PERIMETER OF IT. YEAH. AND IF, AND IF IT'S HELPFUL FOR YOU, UM, TO ZOOM IN A LITTLE BIT HERE, UH, YOU CAN SEE THE AREA AROUND IT'S ALL PARKING LOT. MM-HMM. AND THEN STATE [01:55:01] ROAD. OH, IT'S STILL WITH THE RED, RIGHT? WITH THE RED, YEAH. SO IT'S A FREESTANDING BUILDING IN THE CORRECT. OKAY. SO THERE'S REALLY NO OTHER NEIGHBORS OTHER THAN SMASH BURGER, RIGHT. AND THE PLAZA. CORRECT. 'CAUSE YOU HAVE THIS DATE WROTE. OKAY. UM, LET, LEMME GIVE YOU MY THOUGHTS ON THE RECOMMENDATION. IT'S, IT'S REALLY THE SAME AS BEFORE. UM, I THINK THE ZBA HAS HAS OR WILL HAVE ALL OF THE ARGUMENTS AND INFORMATION RELATING TO THE VARIANCES, YOU KNOW, THAT WE HAVE. IT'S REALLY THEIR JOB. I DON'T SEE ANY PLANNING ISSUES HERE AND I WOULD JUST GIVE IT A NEUTRAL RECOMMENDATION ON UNTIL END. I I AGREE. I WOULD GIVE IT A NEUTRAL LESLIE. OH, CORRECT. YEAH, I THINK I AGREE WITH YOU. IT'S A, OUR PROCEDURE TO GIVE NEUTRAL UNLESS THERE IS A PLANNING, UH, IMPLICATIONS. BUT I AGREE IT SHOULD GIVE US A NEUTRAL OKAY. BASED YEAH, HE'S RIGHT. YOU OKAY ABOUT THAT? YEAH. NEUTRAL. OKAY. I CALL FOR A MOTION FOR A NEUTRAL RECOMMENDATION. SO MOVED. SECOND. ALL IN FAVOR? AYE. AYE. JUST, JUST SO, UH, JUST SO MR ROLL, YOU KNOW, UM, WHEN WE GIVE A NEUTRAL RECOMMENDATION, IT DOESN'T MEAN WE DON'T AGREE WITH YOU. WE'VE HEARD YOUR ARGUMENTS. IT'S JUST THAT WE'RE NOT THE ZBA GREAT ARGUMENTS. GO MAKE 'EM TO THE ZBA. YOU KNOW, WE'RE THE PLANNING BOARD. WE DON'T SEE ANY PLANNING ISSUES HERE. UNDERSTOOD. MR. GOLDEN. ABSOLUTELY. YES. YOU'RE NOT MAD AT US. NO, WE'RE, WE'RE VERY HAPPY. WE'VE DONE A TREMENDOUS JOB. WE, WE GOT THROUGH THIS MEETING VERY QUICKLY. ALRIGHT, SO WE WILL FINALIZE, UH, THE RECOMMENDATION BASED ON TONIGHT'S DISCUSSION. GET IT OFF TO THE BOARD, GET IT OFF TO THE ZONING BOARD AND GET IT OFF TO YOURSELF AHEAD OF THAT MEETING. GREAT. AND THEN, UH, WITH ANY LUCK, WE'LL BE BACK TO YOU IN OCTOBER. VERY GOOD. ALRIGHT. THANK YOU ALL SO MUCH. HAVE A NICE NIGHT. GOOD NIGHT. GOOD EVENING. OKAY. I THINK, UH, DO YOU WANT TO CLOSE THE MEETING? YEAH, I GO. OH YOU, THAT'S IT. THANK YOU COR, WE APPRECIATE THE MEETING IS HERE BY CLOSED LESLIE, JUST GIMME AN EXAMPLE. THANKS COR. ENJOY REST OF. * 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.