Video Player is loading.
Current Time 0:00
Duration 0:00
Loaded: 0%
Stream Type LIVE
Remaining Time 0:00
 
1x
  • Chapters
  • descriptions off, selected
  • captions off, selected

    Link

    Social

    Embed

    Disable autoplay on embedded content?

    Download

    Download
    Download Transcript


    [ TOWN OF GREENBURGH ZONING BOARD OF APPEALS AGENDA THURSDAY, September 19, 2024 – 7:00 P.M. ]

    [00:00:03]

    THANK YOU.

    THIS IS THE ZONING BOARD OF APPEALS.

    WE WILL NOW HAVE THE ROLL CALL FOR THE BOARD.

    YES, MR. CHAIR.

    E BUNTING SMITH.

    PRESENT.

    CHRISTIE SMITH.

    HERE.

    LOUIS CRITCHLOW PRESENT.

    DIANE HUBLEY.

    HERE.

    WILLIAM BLAND IS ABSENT.

    SHAUNA KINSON IS ABSENT.

    PAULINE MOSLEY PRESENT.

    THAT CONCLUDES OUR ROLL CALL ADDED HERE.

    THANK YOU.

    SO THIS IS SEPTEMBER 19TH AND THE MEETING OF THE ZONING BOARD NOW WILL COME TO ORDER.

    WE HAVE FIVE CASES SCHEDULED FOR TONIGHT'S MEETING.

    WE WILL NOT HEAR ANY TESTIMONY ON ONE CASE.

    THAT IS CASE 24 0 7 AS THEY HAVE REQUESTED AN ADJOURNMENT.

    AND IN CASE YOU DON'T KNOW, THAT'S CHICK CHICK-FIL-A.

    UM, GOING FORWARD, WE WILL HAVE OUR NEXT REGULAR MEETING ON THURSDAY, OCTOBER 19TH.

    PLEASE MARK YOUR CALENDAR ACCORDINGLY.

    AND BASED UPON THE NUMBER OF CASES WE HAVE THIS EVENING, WE WILL LIMIT THE TIME TO EACH CASE.

    IF WE CANNOT FINISH A CASE, IT'LL BE ADJOURNED TO ANOTHER MEETING TO BE COMPLETED, HOPEFULLY AT THAT TIME, AS IN THE PAST.

    IN ORDER TO SAVE TIME, WE WAIVE THE READING OF THE PROPERTY LOCATION AND THE RELIEF SOUGHT FOR EACH CASE.

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

    THIS INFORMATION ALSO APPEARS IN THE AGENDA FOR TONIGHT'S MEETING AFTER THE PUBLIC HEARING OF TONIGHT'S CASES.

    THE BOARD WILL MEET IN THIS, IN THE CONFERENCE ROOM HERE, ACTUALLY NOT BEHIND US, , UH, TO, UH, DELIBERATE, BUT THE PUBLIC WILL NOT BE PERMITTED TO SPEAK OR PARTICIPATE AT THAT TIME.

    AFTER OUR DELIBERATIONS ON ALL THE CASES, WE COME BACK TO ANNOUNCE TO THE BOARD, TO TO ANNOUNCE THE BOARD'S DECISION FOR THE FORMAL RECORD, WHICH WOULD ALSO BE BROADCAST TO THE COMMUNITY.

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

    STATE YOUR NAME AND ADDRESS AND OR YOUR PROFESSIONAL AFFILIATION.

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

    WELL, ACTUALLY, WE WON'T BE HEARING THAT BECAUSE WE ONLY HAD ONE PRIOR CASE AND THAT ONE IS GOING TO BE ADJOURNED HOPEFULLY AT PRIOR TEST.

    ALL PRIOR TESTIMONY IS ALREADY IN THE RECORD AND SHOULD BE NOT BE REPEATED IF THERE IS ANY.

    THE FIRST CASE TO WE WILL DEAL WITH IS CASE 24 0 7, WHICH IS CHICK-FIL-A WHO HAS REQUESTED AN ADJOURNMENT OF TONIGHT'S APPEARANCE IN TO OCTOBER 10TH.

    UM, I THINK BASED UPON INFORMATION THAT THEY RECEIVED LATE THIS WEEK THAT WAS NECESSARY TO THEIR, UH, APPLICATION.

    SO, DO I HAVE A MOTION? YES, MADAM CHAIR.

    I MOVE THAT, UH, CASE 24 0 7.

    UH, BE ADJOURNED ON TO THE OCTOBER 10TH MEETING.

    SECOND.

    ALL IN FAVOR? AYE.

    AYE.

    CHAIR VOTES.

    AYE.

    AND THEREFORE WE CAN MOVE FORWARD UNLESS THERE'S SOMEONE IN THE AUDIENCE.

    NO.

    OKAY.

    SO THE NEXT CASE WE HAVE THIS EVENING IS CASE 24 21.

    CALVIN THOMAS.

    GOOD EVENING.

    MY NAME IS BENJAMIN SCHAFER.

    I'M A LICENSED ARCHITECT WITH AN OFFICE AT 31 MA AVENUE IN WHITE PLAINS.

    I'VE BEEN WORKING ON THIS CASE WITH, UH, MR. CALVIN THOMAS FOR SOME TIME.

    UH, HE OWNS, EXCUSE ME, THERE, HAVE SOME FEEDBACK I LEAVE.

    OKAY.

    YOU CAN RESUME, MR. THOMAS, IF YOU COULD, UH, KEEP YOUR, I MUTED UNLESS YOU'RE READY TO SPEAK.

    THANK YOU.

    ALL RIGHT.

    ALL, COULD YOU JUST REPEAT BRIEFLY WHAT YOU SAID LAST? IF YOU CAN .

    YOU, YOU, YOU HAVE MY NAME ALREADY, RIGHT? YES, I HAVE ALL OF THAT.

    OKAY.

    UH, THERE'S AN EXISTING DRIVEWAY GOING INTO HIS HOUSE AT 276, UH, NORWOOD ROAD IN, IN, IN THE CITY OF WHITE PLAINS.

    THAT'S VERY NARROW.

    UM, AND IT COMES OFF NORWOOD ROAD.

    NORWOOD ROAD IS A VERY BUSY ROAD AND THERE'S VERY FAST MOVING TRAFFIC MOVING IN BOTH DIRECTIONS ON THIS ROAD,

    [00:05:01]

    WHICH IS ACTUALLY QUITE NARROW.

    UH, THERE'S A STONE RETAINING WALL ON ONE SIDE OF HIS DRIVEWAY, AND THERE'S A STONE BASE ON THE OTHER SIDE OF, OF HIS DRIVEWAY.

    UM, GETTING A A TYPICAL AUTOMOBILE, UH, ONTO, ONTO THAT DRIVEWAY, IN MY OPINION, IS ACTUALLY FAIRLY DANGEROUS.

    IT'S, UH, EVERY TIME I HAVE BEEN THERE, UH, MR. THOMAS HAS HAD TO ASSIST ME IN, UH, IN, IN, IN LEAVING HIS HIS PROPERTY.

    UH, I THINK IT'S VERY IMPORTANT FOR THE SAFETY OF THE PEOPLE, UH, CO CO COMING TO THIS RESIDENCE, THAT, THAT DRIVEWAY BE WIDENED.

    UH, THAT THERE'S A VERY REAL RISK OF A DANGEROUS ACCIDENT OCCURRING IN MY PRO PRO PROFESSIONAL JUDGMENT.

    THERE IS AN ADDITIONAL 14 FEET ON THAT DRIVEWAY, WHICH LEADS TO THE PROPERTY LINE.

    SO BY USING THE SPACE AND WIDENING THE DRIVEWAY, WE ARE CLEARLY IMPROVING THIS PROPERTY.

    BUT, UM, NOT ONLY ARE WE IMPROVING THIS PROPERTY AND PRESUMABLY ESCALATING ITS MARKET VALUE, BUT THAT WOULD ALSO IMPACT VERY POSITIVELY ON THE ADJACENT PROPERTIES WHOSE VALUE WOULD ALSO ESCALATE.

    THERE IS NOTHING DELETERIOUS TO THIS NEIGHBORHOOD OR TO ANY OF THE ADJACENT PROPERTIES BY THIS PARTICULAR ACTION.

    IT'S A TOTALLY POSITIVE ACTION FOR EVERYONE INVOLVED.

    AND SO WE ARE ASKING YOU TO, TO APPROVE THIS IN TERMS OF THE DRAWING, WHICH I HAD PRESENTED TO THE BUILDING DEPARTMENT.

    THE OTHER ISSUE, UH, CONCERNED IMPERVIOUS SURFACES.

    UM, THIS SITE IS AN, IS AN R DASH 7.5 ZONE, WHICH HAS A MINIMUM SITE AREA OF 7,500 SQUARE FEET.

    THE ACTUAL, UM, SITE AREA HERE IS 4,870 SQUARE FEET.

    AND THE FRONTAGE, UH, IS, UH, REQUIRED AS 75 FEET.

    THIS SITE IS A FRONTAGE OF 50 FEET.

    UH, IT, IT IS FULLY LEGAL.

    IT IS LEGAL, NON COMPLYING, SOMETIMES REFERRED TO AS LEGAL NON-CONFORMING.

    UH, IT'S AN EXISTING SITE.

    IT IS, IT IS FULLY LEGAL, BUT BECAUSE OF THE, UH, THE LOWER SITE AREA, THE, UH, WE ARE ABOUT THREE PERCENTAGE POINTS IN EXCESS OF THE MINIMUM REQUIRED, UH, IMPERVIOUS SURFACES.

    BUT THERE'S NO POSSIBLE WAY OF, OF REDUCING THIS FURTHER.

    SO I HAVE PRESENTED THIS.

    I WOULD ALSO LIKE TO INVITE, UH, MR. THOMAS, UM, IF HE HAS ANY OTHER COMMENT THAT HE, HE WOULD CARE TO MAKE, BUT WE DO REQUEST THAT, UH, THIS BE APPROVED AND ACCEPTED, UH, FROM EVERYONE'S, UH, PARTICULAR NEED.

    THANK YOU.

    THANK YOU.

    AND JUST TO CORRECT YOU, SIR, IT'S, WE'RE IN THIS TOWN OF GREENBURG, NOT THE CITY OF WHITE PLAINS.

    ALRIGHT.

    , UM, EXCUSE ME, BUT THOUGH, BUT I DO HAVE A QUESTION.

    I'LL STAND CORRECTED.

    , UM, I I DO HAVE A QUESTION.

    UM, YOU HAD, UH, STATED THAT MR. THOMAS HAD HAD TO ASSIST YOU, UM, IN LEAVING HIS PROPERTY EVERY TIME YOU'VE BEEN THERE.

    YES.

    HE, IT COMES OUT INTO THE STREET AND HE HOLDS UP HIS HAND TO STOP THE TRAFFIC.

    AND THEN HE MOTIONS TO ME.

    IT'S ALL RIGHT, YOU CAN REVERSE THAT.

    NO ONE'S GOING TO HIT YOU.

    I, I HAD A FEELING THAT'S WHAT IT WAS, BUT I WANTED TO, UH, HAVE YOU STATE THAT FOR THE RECORD.

    YES.

    AND THEN ANSWER HOW DOES EXPANDING THE DRIVEWAY MAKE IT ANY EASIER TO EXIT THE PROPERTY? OH, IF YOU HAVE A 10 FOOT DRIVEWAY WITH A STONE WALL, YOU HAVE VERY LITTLE MANEUVERABILITY.

    IF YOU WIDEN THAT DRIVEWAY, YOU ARE MUCH MORE FLEXIBLE IN, IN YOUR MANEUVERABILITY WITH AN AUTOMOBILE.

    IT'S, IT'S A, A HUGE HELP.

    SO THAT MEANS YOU'D BE ABLE TO MAKE A U-TURN IN THE DRIVEWAY? I WOULDN'T.

    SO THAT YOU CAN EXIT THE PROPERTY GOING FORWARD INSTEAD OF BACKING OUT? NO, I MEAN, YOU COULD REVERSE BACK AND THEN REVERSE ONTO THE SIDE OF, OF THE DRIVEWAY AND THEN MANEUVER BACK IN, INTO THE STREET.

    IT'S MUCH EASIER THAN WITH A VERY NARROW DRIVEWAY WITH STONE ON BOTH SIDES.

    OKAY.

    I, I JUST WANTED YOU TO EXPLAIN WHY WIDENING THE DRIVEWAY MAKES ANY SENSE.

    NO, HE OR I SHOULD SAY MAKES SENSE.

    NO, HE DEFINITELY DOES NEED THAT WATER DRIVEWAY.

    OKAY.

    IT'S A PROFESSIONAL OPINION.

    THANK YOU.

    THANK YOU.

    GOOD EVENING.

    GOOD EVENING.

    I'M CALVIN THOMAS.

    UH, BEN HAS ALREADY GIVEN YOU THE DETAILS ON WHAT WE'RE TRYING TO DO.

    TWO VARIANCES THAT WE WE'RE SEEKING EXCEPTIONS ON.

    [00:10:01]

    UM, I, FROM THE PERSPECTIVE OF, OF, UH, THE USE OF THE HOMEOWNERS, IT, IT'S AN ISSUE OF CONVENIENCE MOSTLY.

    UM, RIGHT NOW, ANYTIME YOU LEAVE THE DRIVEWAY, ANY ENTRY OR EXIT TO AND FROM THE DRIVEWAY CAUSES AN IMMEDIATE HAZARD BECAUSE WE HAVE TO MANEUVER TRAFFIC IN BOTH DIRECTIONS.

    AND THAT, THAT WILL STILL, YOU KNOW, THAT WON'T BE A ALLEVIATED, BUT IT'LL MAKE IT EASIER.

    IT WILL ALSO MAKE IT EASIER IN CASES WHERE RIGHT NOW WE HAVE, IF THE, IF THE, UH, DRIVER OF THE CAR CLOSEST TO THE HOUSE NEEDS TO GET OUT THE CAR IN THE BACK THEN HAS TO BACK OUT, MAKE ROOM FOR THAT OTHER CAR, HOLDING UP TRAFFIC AGAIN, WHICH HAS, BECAUSE, UH, BECOME VERY, VERY BUSY, UH, OF LATE, SOMETIMES IT TAKE, IT CAN TAKE EASILY SEVERAL MINUTES JUST TO GET IN AND OUT OF THE DRIVEWAY.

    SO THE FACT THAT THAT, YOU KNOW, WIDENING THE DRIVEWAY WILL ALSO, THE FACT THAT IT'S, IT'S A 90 DEGREE ANGLE OR WIDENING WIDENED DRIVEWAY WOULD MAKE MAKE IT A LITTLE EASIER TO COME IN AND GET OUT.

    WE ALSO, AS I SAID, WE WON'T HAVE THE PROBLEM ONE CAR PARKED BEHIND THE OTHER.

    THIS WILL ALLOW US TO PARK, UH, TWO CARS SIDE BY SIDE.

    UH, OBVIOUSLY THIS, IT'S BENEFICIAL FOR THE ENTIRE NEIGHBORHOOD OR ENTIRE COMMUNITY HAS BEEN MENTIONED.

    IT'S GOING TO ENHANCE THE VALUE OF OUR PROPERTY, UH, WHICH IN TURN AND IN TURN ENHANCE THE VALUE OF THE, THE SURROUNDING HOMES.

    UH, IN TERMS OF THE, UH, ANY EFFECT ON ANY, ANY OTHER, THE HOMES, THERE'S, THERE'S VIRTUALLY NONE ON THAT SIDE OF OUR HOUSE.

    THERE'S, THERE'S NO OTHER HOMES, UH, WITHIN SEVERAL HUNDRED FEET, UM, FROM, FROM OUR DRIVEWAY.

    SO THERE'S REALLY NO IMPACT.

    AND I DON'T UNDERSTAND ALL OF THE IMPERVIOUS SURFACE, UH, REGULATIONS, BUT IT SOUNDS LIKE INTUITIVELY JUST TWO OR THREE PERCENTAGE DOESN'T SOUND LIKE TOO MUCH TO ME.

    UH, SO, UH, AGAIN, THOSE ARE THE REASONS WHY WE ARE, WE ARE, UH, SEEKING, SEEKING THOSE VARIANCES.

    SO I REQUEST THAT YOU, UH, YOU KNOW, GIVE THAT SOME THOUGHT AND, UH, YOU KNOW, LET US KNOW WHAT YOUR DECISION WILL BE.

    THANK YOU.

    ALRIGHT.

    YOU'VE ANSWERED ALL MY QUESTIONS.

    I'M SORRY.

    YOU'VE ANSWERED ALL MY QUESTIONS.

    I'M GLAD THAT I WAS ABLE, I, I I DON'T CARE WHO ANSWERS, LIKE, YOU COULD JUST STAY THERE.

    UM, OKAY.

    JUST LIKE FOR THE RECORD.

    SO YOU SENT, YOU HAVE PICTURES THAT YOU GUYS SENT OF PHOTOS ACTUALLY, UM, BEN ALREADY ALREADY SHOWED THOSE.

    IF I, IF YOU COULD, I JUST WANNA CONFIRM, I'M ASSUMING THAT THE ONE WITH THE LARGER DRIVEWAY IS ONE THAT'S IN YOUR NEIGHBORHOOD CORRECTLY.

    UH, I BELIEVE THAT'S A COUPLE COUPLE OF HOMES THAT HOMES OVER.

    OKAY.

    YES.

    AND THEN THE OTHER ONE THAT HAS, THAT IS THE, UM, WITH THE ROCKS IN THE FRONT.

    I'M ASSUMING THAT'S YOUR HOME? THAT'S OUR HOME, YES.

    OKAY.

    THAT'S THE ONE WHERE, THAT'S THE DRIVEWAY THAT'S BEING, UH, WIDENED.

    OKAY.

    .

    YEAH, I HAVE THEM.

    I JUST WANTED TO CONFIRM.

    MM-HMM.

    WHICH HOUSE WAS WHICH, THAT THIS WAS, YOU KNOW, IN THE COMMUNITY.

    YES.

    OKAY.

    A COUPLE OF DOORS DOWN.

    ANY OTHER QUESTIONS? THAT WAS ALL I HAD.

    THANK YOU.

    UH, THANK YOU.

    AND THE NEXT CASE ON TONIGHT'S AGENDA IS CASE 24 23.

    TERRY HOLDING COMPANY, WHITE PLAINS VETERINARY HOSPITAL.

    YES, THAT'S TRUE.

    OKAY.

    UH, GARRETT, IS IT POSSIBLE FOR ME TO SHARE MY SCREEN? YOU'RE ALL SET.

    AWESOME.

    THANK YOU.

    EXCELLENT.

    THANK YOU GARRETT.

    UH, GOOD EVENING EVERYONE.

    FOR THE RECORD, MY NAME'S STEVE RAY.

    I'M WITH THE LAW FIRM OF MCCULLOUGH, GOLDBERGER AND STOUT, UH, HERE TONIGHT ON BEHALF OF WHITE PLAINS VETERINARY HOSPITAL, UH, I HAVE WITH ME FROM THE HOSPITAL, DR. JUAN LEE.

    UH, AND JUST TO GIVE YOU A VERY QUICK BACKGROUND, 'CAUSE I KNOW WE'RE, WE'RE LIMITED ON TIME, UH, THE VETERINARY HOSPITAL HAS AN EXISTING PRACTICE ON SOUTH KENSICO AVENUE IN WHITE PLAINS.

    THEY'RE LOOKING TO RELOCATE AND BECOME PART OF THE GREENBURG COMMUNITY.

    THEY'VE IDENTIFIED THE SUBJECT PROPERTY, WHICH IS 45 TERRYTOWN ROAD IDENTIFIED THERE, UH, AS THE IDEAL LOCATION TO RELOCATE WITHIN GREENBURG.

    SO, UH, WHAT YOU'RE LOOKING AT NOW IS NOT GOING TO

    [00:15:01]

    CHANGE.

    WE'RE PROPOSING TO RE-TENANT AN EXISTING COMMERCIAL BUILDING.

    RIGHT NOW.

    IT'S ACTUALLY, UH, IT WAS A PUPPY MILL THAT'S BEEN MADE ILLEGAL AS I UNDERSTAND IT.

    SO THEY'RE MOVING OUT, UH, THEY'RE GONNA PROPERLY VENTILATE IT, RENOVATE THE INSIDE, AND TURN IT INTO HOPEFULLY, UH, A CLINIC FOR CATS AND DOGS.

    SMALL ANIMAL HOSPITAL IS THE DESIGNATED SPECIAL PERMIT USE IN THE DS DISTRICT.

    YOU CAN SEE HERE IT'S ALONG ROUTE 100, UH, TO THE FRONT, AND THEN IT'S SURROUNDED BY THE WHITE PLAINS SHOPPING CENTER, UH, PARKING LOT.

    SO THE VARIANCE WE'RE ASKING FOR IS LOT AREA.

    THE PARTICULAR SPECIAL PERMIT USE REQUIRES A 40,000 SQUARE FOOT MINIMUM LOT AREA.

    THIS ONE'S A LITTLE OVER 13,000.

    IT'S NOT SOMETHING THAT'S WITHIN OUR CONTROL.

    WE CAN'T CHANGE THE LOT AREA.

    SO WE'RE HERE ASKING FOR A VARIANCE, BUT AS I OUTLINED IN OUR MATERIALS, NO EXTERIOR CHANGES ARE PROPOSED.

    IT'S NOT ANTICIPATED THAT THIS WOULD BE, UH, ANY MORE IMPACTFUL OF A USE THAN THE PRIOR PUPPY MILL SLASH RETAILER.

    UH, WE THINK THIS IS A USE THAT MAKES SENSE IN THE NEIGHBORHOOD.

    NOT ONLY IS IT PERMITTED, BUT THERE'S OTHER ANIMAL HOSPITALS NEARBY.

    IN FACT, UH, IF YOU LOOK AT THE STRIP OF BUILDINGS HERE, JUST LAST YEAR, THE ANIMAL DERMATOLOGY CENTER WAS PERMITTED TO TENANT ONE OF THESE SPACES AT 53 TERRYTOWN ROAD.

    THE ONLY DIFFERENCE BEING, EVEN THOUGH THEY'RE ADJACENT TO OTHER BUILDINGS, THEIR TOTAL LOT AREA, AS I UNDERSTAND IT, EXCEEDED 40,000 SQUARE FEET.

    SO WE SEE THIS AS A BENEFIT TO THE COMMUNITY BY PROVIDING A SERVICE.

    WE SEE THIS AS A BENEFIT OF RETENANTING, A VACANT OR SOON TO BE VACANT COMMERCIAL SPACE.

    UH, AND, AND WE THINK THIS IS A, A GREAT FIT FOR THIS PARTICULAR PROPERTY.

    AND I KNOW DR.

    LEE'S VERY EXCITED TO BECOME A PART OF THE GREENBERG COMMUNITY.

    I'VE PUT INTO WRITING TO YOU ALL OF THE FIVE FACTORS IN THE BALANCING TEST.

    WE THINK IT CLEARLY SHOWS THE BENEFIT TO THE APPLICANT OUTWEIGHS ANY POTENTIAL DETRIMENTS.

    I'M HAPPY TO TOUCH ON ANY OF THOSE IN GREATER DETAIL IF YOU'D LIKE.

    OR IF YOU HAVE SPECIFIC QUESTIONS FOR EITHER MYSELF OR DR. LEE, WE'RE HAPPY TO ANSWER THOSE AS WELL.

    WHAT, UM, WHAT IS THE, WHAT WOULD BE THE DIFFERENCE IN THE SIZE OF THIS SITE FOR YOU OR IN THE USAGE? UH, UH, THE NUMBER OF EMPLOYEES.

    ANY CHANGES FROM HIS CURRENT LOCATION, FROM HIS CURRENT LOCATION, I DON'T BELIEVE THERE'S ANY CHANGE IN NUMBER OF EMPLOYEES.

    DR. LEE, IS THIS ABOUT THE SAME SIZE AS YOUR CURRENT SPACE? HE CAN'T ANSWER FROM THERE.

    YOU'D HAVE TO COME UP TO THE MIC.

    HELLO, MY NAME IS JUAN LEE, AND, UM, THE CURRENT SPACE THAT I AM LEASING IS 1,600 SQUARE FEET.

    AND THIS ONE IS CURRENTLY ABOUT 4,000 SQUARE FEET.

    I AM NOT PLANNING TO INCREASE THE NUMBER OF DOCTORS OR EMPLOYEES.

    I JUST WANT IT TO BE A LESS CRAMPED SPACE THAT WE'RE CURRENTLY IN.

    OKAY.

    AND WHAT ARE THE USUAL CARS, NUMBER OF CARS THAT IS, WOULD BE? SO, UH, DR. LEE HAS EIGHT EMPLOYEES AND AT, WHICH WOULD BE AT MAXIMUM, UH, LEVEL OF BUSYNESS.

    AND HE SEES ABOUT 30 CLIENTS PER DAY, UH, ALMOST ALL OF WHOM ARE PRE-SCHEDULED.

    IT'S VERY RARE THAT HE GETS A, A WALK-IN FOR SOME KIND OF EMERGENCY.

    OKAY.

    AND IT SAYS THAT, UH, NONE OF THE ANIMALS WOULD STAY OVERNIGHT? THAT'S CORRECT.

    ALRIGHT.

    I HAVE SOME OTHER THOUGHTS, BUT I'D LIKE TO HEAR FROM OTHER BOARD MEMBERS.

    THI THIS, UH, IS PROPERTIES A SEPARATE TAX LOT THAN THE, UM, THE OVERALL MALL? THAT CORRECT? CORRECT.

    WHICH IS, WHICH IS WHY WE NEED THE VARIANCE.

    AND W ARE YOU, DO YOU SHARE PARKING? IS THAT HOW THERE'S NO FORMAL, UH, SHARED PARKING AGREEMENT BETWEEN THE PROPERTY OWNERS AS I UNDERSTAND IT.

    UM, BUT IT, IT WOULD APPEAR THAT WE HAVE ADEQUATE PARKING ON THE PROPERTY.

    IF I CAN GET, SO YOU CAN SEE HERE, UH, THERE'S PARKING SPACES ALONG THE SIDE HERE.

    IT'S AN INTERESTING TAX LOT.

    IT, IT DOES BIFURCATE SOME OF THE SPACES.

    UM, BUT EVEN AT ITS BUSIEST, WE BELIEVE THERE'D BE MORE THAN ADEQUATE PARKING.

    AND, UM, SO IT'S NOT, SINCE THERE'S NO OVERNIGHT, WHY IS THERE NO OVER, THAT'S JUST NOT, UH, I GUESS I'M ASKING YOU, THAT'S, THAT'S NOT THE BUSINESS TO HAVE OVERNIGHT OR, SO, UH, WE DON'T STAFF THE HOSPITAL OVERNIGHT.

    AND SO I DON'T FEEL COMFORTABLE KEEPING ANIMALS HERE AT THE HOSPITAL.

    I SEND IT TO THE VETERINARY EMERGENCY GROUP, WHICH IS DOWN THE ROAD.

    YEAH.

    ON TARRYTOWN ROAD FOR OVERNIGHT CARE.

    OKAY.

    THAT'S WHAT I THOUGHT.

    [00:20:05]

    I JUST HAD ONE QUESTION.

    SO, DR.

    Y DO YOU FEEL IN THE FUTURE, FIVE YEARS OUT THAT THE VISION OR MISSION OF WHAT YOU'RE DOING WOULD CHANGE AND THAT YOU WOULD MAYBE HAVE 24 HOUR CARE OR YOUR HOURS OF OPERATION CHANGE? OR WOULD YOU, IF THERE IS AN INCREASE, A DEMAND FOR, UM, SERVICE OF THESE ANIMALS WOULD HAVE TO INCREASE YOUR STAFF FIVE YEARS OUT? YES.

    UH, VERY GOOD QUESTION.

    UM, MY VISION IS NEVER TO OPEN UP A 24 HOUR FACILITY.

    UM, MY WHOLE CONCEPT OF MY BUSINESS IS QUALITY OVER QUANTITY.

    AND SO, UM, IMPROVING MY EMPLOYEE'S LIFESTYLE AND MY LIFESTYLE IS GONNA HELP IMPROVE THE TREATMENT FOR OUR PATIENTS.

    I'M NOT GONNA SEE MORE PATIENTS THAN I AM CURRENTLY SEEING THAT'S AND NOR IN THE FUTURE'S MY BUS, MY, MY BUSINESS MENTALITY.

    OKAY.

    YOU, SO I GUESS I DO WANNA ASK, UM, KNOWING THAT THERE IS A VETERINARY SERVICE, UM, LESS THAN A HALF A MILE DOWN THE STREET FROM WHERE YOU'RE LOOKING TO LOCATE TO, UM, WOULD THERE BE ANY COMPETITION? I MEAN, WHAT WOULD MAKE, UM, PEOPLE BRING THEIR PANTS TO YOUR LOCATION? SORRY, .

    SO I'VE BEEN PRACTICING WITHIN THIS AREA FOR OVER EIGHT YEARS AT MY OWN PRACTICE.

    AND I HAVE, UH, AN EXISTING CLIENTELE ALREADY WHO ARE EXTREMELY LOYAL TO ME.

    IF YOU GO ON GOOGLE AND SEARCH UP MY REVIEWS, YOU'LL SEE, UM, ALL THE THINGS THAT THEY SAY ABOUT ME.

    UM, PRIOR TO THAT, I ACTUALLY USED TO WORK AT THE EMERGENCY HOSPITAL DOWN THAT ROAD, AND I'M REALLY GOOD FRIENDS WITH HIM.

    AND SO HE'S ACTUALLY THE ONE WHO HELPED ME BUILD MY PRACTICE.

    AND SO HE'S ACTUALLY JUST AN EMERGENCY HOSPITAL, AND SO THEY ONLY SEE EMERGENCIES.

    AND I I SEE LIKE A, YOUR FAMILY DENTAL PRACTITIONER WHO TAKES CARE OF YOUR VACCINES HERE, ROUTINE THINGS, AND, AND A LOT OF THE EMERGENCIES I'LL SEND DOWN TO HIM, ACTUALLY.

    OKAY.

    SO THAT IS A VERY IMPORTANT DISTINCTION.

    YES.

    UH, THE DIFFERENCE BETWEEN THEM AND YOU.

    YES.

    IT'S A VERY IMPORTANT DISTINCTION.

    OKAY.

    THERE'S ANOTHER VET UP, DOBBS FERRY ROAD, DAKOTA.

    YEAH.

    AND THEY, THEY DO THE SAME THING THAT HE DOES.

    YEAH.

    THEY SEND EVERY EMERGENCY DOWN TO THE EMERGENCY HOSPITAL.

    YEAH.

    I, I'VE USED BOTH WITH MY PETS AND IN FACT, I HAD SURGERY, UM, WHO DR.

    LOU, WHO I THINK WORKS WITH YOU DID ON MY DOG.

    AND I WENT OVERNIGHT TO, UH, FROM BOND ANIMAL HOSPITAL, WHICH IS ON CENTRAL AVENUE WITH MY DOG TO THE VETERINARY EMERGENCY HOSPITAL, AND SPENT THE NIGHT THERE BECAUSE THEY, AGAIN, DIDN'T KEEP ANIMALS OVERNIGHT.

    MM-HMM.

    .

    SO THEY WORK, AND IF THERE'S AN EMERGENCY OFF HOURS, THEN THEY GO, YOU GO TO THE VETERINARY EMERGENCY HOSPITAL.

    SO THEY, THEY'RE NOT IN COMPETITION, THEY WORK TOGETHER.

    OKAY.

    IT'S LIKE YOUR DOCTOR AND THEN GOING TO WHITE PLAINS HOSPITAL.

    MM-HMM.

    .

    OKAY.

    MADAM CHAIR, I KNOW YOU SAID YOU MIGHT HAVE SOME MORE COMMENTS.

    NO.

    OH, APPARENTLY ANYONE ELSE IN THE AUDIENCE WISH TO COMMENT ON THIS? NOPE.

    OKAY.

    OKAY.

    ALL RIGHT.

    THANK YOU.

    THANK YOU.

    ALL RIGHTY.

    AND THE NEXT CASE ON TONIGHT'S AGENDA IS CASE 24 24 WHITE PLAINS, TERRYTOWN ROAD, LLC, RAYMORE AND FLANIGAN FURNITURE.

    I'M BACK.

    OKAY.

    OKAY.

    SO, UH, JUST AGAIN FOR THE RECORD, STEVE RABEL, MCCULLOUGH, GOLDBERGER AND STOUT.

    UH, NOW HERE ON BEHALF OF RAYMORE AND FLANIGAN FURNITURE, UH, I'M SURE YOU ALL KNOW THE PROPERTY AS THE STICKLEY FURNITURE BUILDING.

    UH, THIS IS 50 TERRYTOWN ROAD ON THE NORTH SIDE OF ROUTE 100, OR AT THAT POINT IT MAY ROUTE ONE 19.

    SO, UH, AS YOU CAN SEE HERE, IT'S A FAIRLY LONG BUILDING SET BACK, QUITE A DISTANCE FROM THE ROAD.

    YOU CAN SEE THE INTERVENING TREES ALONG THE ROADWAY.

    AND HERE'S A STREET VIEW, UH, THAT GIVES YOU A BETTER IDEA OF WHAT DRIVERS ARE SEEING AS THEY DRIVE PAST THE BUILDING.

    AND AS

    [00:25:01]

    I'M SURE MANY OF YOU REMEMBER, IN 2019, STICKLEY FURNITURE OBTAINED TWO VARIANCES FOR THE SIGN YOU'RE LOOKING AT RIGHT THERE.

    UH, SO THEY CAME IN IN 2019.

    I WATCHED THE VIDEO, AND WHAT THEY WERE TELLING YOU IN TESTIFYING WAS THEIR CUSTOMERS WERE COMING IN SAYING, WE CAN'T FIND YOUR BUILDING.

    WE, WE HAD TO LOOP BACK.

    WE COULDN'T SEE YOUR SIGN.

    SO THEY GOT VARIANCES FOR LETTER HEIGHT AND STACKED LETTER HEIGHT FOR THEIR PROPOSED SIGN.

    UH, FOUR FOOT TALL LETTERS AND SIX FOOT TALL LETTERS.

    STACKING NOW, OBVIOUSLY STICKLEY'S OUTTA THE BUILDING.

    RAYMORE AND FLANAGAN'S MOVING IN.

    ONE FURNITURE RETAILER GOING OUT, ANOTHER COMING IN.

    THEY DON'T WANNA BE CALLED STICKLEY ANYMORE.

    THEY WANT EVERYBODY TO KNOW THIS IS RAYMORE AND FLANAGAN.

    SO WE'RE HERE ASKING FOR ESSENTIALLY THE SAME VARIANCES, THOUGH.

    IN FACT, THE INDIVIDUAL LETTER HEIGHT IS ACTUALLY SLIGHTLY SMALLER.

    UH, IT'S 3.34 FEET INSTEAD OF FOUR FEET.

    UH, AND THEN SIX FEET PROPOSED STACKED AS IT WAS WITH STICKLEY.

    UM, AS YOU MAY RECALL FROM THE STICKLEY CONVERSATION, SIGNAGE IS PERMITTED TO GO UP TO 50% OF THE LENGTH ALONG THE FACADE OF THE BUILDING, WHICH NETS OUT AT TWO FOOT HEIGHT TO ABOUT 350 SQUARE FEET OF SIGNAGE ALONG THE FRONTAGE, WE DID TAKE A LOOK AT WHAT A COMPLIANCE SIGN MIGHT LOOK LIKE.

    YOU CAN SEE, UH, ON THE TOP HERE, IT'S A LOT LESS LEGIBLE BECAUSE THE LETTERS ARE SMALLER, BUT IT TAKES UP A LOT MORE SPACE.

    IT'S A LOT LESS EFFECTIVE, AND, AND IT'S HARDER TO READ.

    SO IN LIEU OF THAT, WHAT YOU'LL SEE AT THE BOTTOM IS THE PROPOSED RAYMORE AND FLANAGAN SIGNAGE.

    UH, AGAIN, THERE'S A FEW MORE LETTERS IN THE SIGN THAN STICKLEY HAS BECAUSE IT'S A LONGER NAME TO SAY RAYMORE AND FLANAGAN.

    BUT ESSENTIALLY THE VARIANCES ARE, UH, IN KEEPING WITH WHAT WAS GRANTED IN 2019.

    WE, AGAIN, FEEL THIS IS VERY IMPORTANT FOR RAYMORE AND FLANAGAN TO BE VISIBLE FROM ROUTE 100, UH, CARS PASSING BY AT HIGHER SPEEDS BETWEEN THE TREES, UH, AND VERY MUCH IN KEEPING WITH NOT ONLY WHAT WAS THERE BEFORE, BUT THE NEIGHBORHOOD IN GENERAL.

    SO, UH, ONCE MORE, IF YOU WOULD LIKE ME TO GO INTO ANY OF THE DETAILS OF OUR ANALYSIS, I'M HAPPY TO, IF YOU HAVE QUESTIONS SPECIFIC TO US, WE'RE HAPPY TO ANSWER THOSE AS WELL.

    AND I, I, I WAS REMISS, I SHOULD HAVE INTRODUCED SCOTT MILOW WITH ME FROM RAY WARREN FLANAGAN.

    CAN YOU ADDRESS THE, UM, ILLUMINATION OF THE SIGN? THERE'LL BE INTERNALLY ILLUMINATED, UH, WHICH I BELIEVE WAS ALSO THE CASE WITH STICKLEY.

    OKAY.

    LED.

    AND IT'S ON FOR, WHAT IS IT? CONSTANTLY, EXCUSE ME.

    CONSTANTLY ON OR WHAT? WE CAN TURN IT OFF.

    IT CAN BE TURNED OFF AFTER BUSINESS HOURS, IF THAT'S THE BOARD'S PREFERENCE.

    OKAY.

    ANY OTHER QUESTIONS FROM THE BOARD MEMBER? NO.

    NO.

    OKAY.

    ALRIGHT.

    ANYONE IN THE AUDIENCE? ANYONE ONLINE? I GUESS THEY LIKE RAIN AND FLANAGAN.

    .

    IT'S GREAT FURNITURE.

    , ARE YOU RELOCATING FROM, ACTUALLY THIS IS, SORRY, SCOTT MILL.

    I WAS HERE, KEITH, I THINK IT WAS IN THE SPRING.

    UM, STICKLEY.

    YES.

    THE, THE, THE SHORT ANSWER IS YES.

    SORRY.

    I'LL GIVE YOU THE LONGER ANSWER.

    SO WE ARE IN THE CITY OF WHITE PLAINS IN THE SOURCE BUILDING.

    UM, AND WE BOUGHT THIS BUILDING FROM STICKLEY, UH, IN THE SPRING.

    AND I CAME BEFORE THE BOARD, UM, BECAUSE STICKLEY HAD A LARGE, UM, STORAGE COMPONENT WITHIN THE BUILDING ON THE LOWER LEVEL.

    AND WE WANTED TO MAKE IT RETAIL.

    AND THE BOARD GRANT US A VARIANCE ON THE, THERE WAS A PARKING VARIANCE REQUIRED.

    UM, SO, UH, WE'VE BEEN UNDERWAY AT THE CONSTRUCTION.

    I DUNNO IF YOU'VE DRIVEN BY THERE RECENTLY, BUT WE'VE CHANGED THE BUILDING A LITTLE BIT IN THAT THERE'S A, UM, SORT OF A BARNWOOD LOOK ON SOME OF THE FACADE.

    IT, I JUST DROVE BY IT.

    I HADN'T SEEN.

    IT LOOKS GREAT.

    I MEAN, IT'S A DIFFERENT IMAGE THAN WHAT WE TYPICALLY HAVE, AND CERTAINLY WE'RE HAPPY TO GET OUT OF THE SOURCE.

    UM, AND THE PAID PARKING AND JUST BEING UP ON THE THIRD LEVEL THERE.

    SO YES, WE'RE RELOCATING, BUT SORRY FOR THE LONGER ANSWER.

    OKAY.

    THANK YOU.

    YOU'RE WELCOME.

    NO OTHER QUESTIONS.

    THANK YOU VERY MUCH.

    AND THE NEXT CASE WE HAVE IS CASE 24 25 GLEN FRIESER.

    UM, GOOD EVENING.

    MY

    [00:30:01]

    NAME IS PAUL PETTI.

    I'M THE CIVIL ENGINEER AND A LAND SURVEYOR, P-E-T-R-E-T-T-I.

    AND I'M HERE TONIGHT REPRESENTING, UH, MR. PRICER ON AN APPLICATION TO COME BACK AND, UM, UH, ADDRESS A, UH, UM, STIPULATION IN THE ORIGINAL APPROVAL.

    OKAY.

    WHICH THIS BOARD GRANTED.

    AND CASE NUMBER, UM, I THINK IT WAS, UH, 20 22 0 17.

    OKAY.

    AND I THINK MAYBE SOME OF THE BOARD MEMBERS MAY RECOGNIZE THE APPLICATION.

    UM, IT'S BASICALLY, WE'RE GONNA PUT UP A NEW BUILDING, APPROXIMATELY A HUNDRED BY A HUNDRED.

    AND IF I, IF I HAVE TO, I, I COULD GO THROUGH ALL THE VARIANCES THAT WERE GRANTED, BUT, YOU KNOW, BASICALLY THE ISSUE HERE IS PARKING.

    OKAY.

    SO, UM, THERE WAS A STIPULATION IN THE, IN THE ORIGINAL APPROVAL THAT WE GET 25, UH, SPACES OFF SITE.

    SO WE, UH, WE ACTUALLY NEVER, OBVIOUSLY NEVER DIDN'T BUILD THAT BUILDING.

    OKAY.

    AND WE KIND OF LAID THE, LAID THE PROJECT TO REST, AND THEN OF COURSE, COVID CAME ALONG AND, AND THINGS LIKE THAT.

    SO WE NEVER REALLY BUILT A BUILDING.

    AND, UH, SO ONE OF THE THINGS WE FOUND OUT O OVER THE YEARS OKAY.

    IS THAT, UM, YOU KNOW, THE FLOODING HAS BECOME, UM, PROBABLY MORE FREQUENT IN A LITTLE, UH, THE FLOOD HEIGHTS ARE HIGHER AND, UH, WE ARE IN A FLOOD ZONE.

    AND WHEN IT FLOODS IN THIS AREA, UH, IT ACTUALLY EXCEEDS THE, UH, FEMUR REGULATED FLOOD, FLOOD, FLOOD ELEVATION QUITE A BIT, YOU KNOW, BY THREE, TWO TO THREE FEET, DOES IT ALL THE TIME.

    SO, UM, ONE OF THE THINGS WE FOUND OUT OKAY, IS THAT HE'S GOT TWO LOCATIONS AND THEY BOTH FLOOD.

    OKAY.

    AND WHAT HAPPENS IS WHEN WE GET THESE FLOODING EVENTS, HE HAS TO GO INTO THE BUILDING, TAKE THE EQUIPMENT OUTTA THE BUILDING, REMOVE CARS, AND, UH, SO THAT BECOMES VERY DIFFICULT.

    AND, UH, SO WE HAD THIS REQUIREMENT FOR 25 SPACES OFF, OFF SITE, WHICH WE, HE, HE HAD THEM FOR A WHILE, THEY WERE ACROSS THE STREET.

    BUT, UH, SOMEBODY COME IN AND, AND, UH, MADE A BETTER OFFER.

    AND WE WERE NEVER ABLE TO, UH, CONSUMMATE THE LEASE THAT, THAT WE WERE REQUIRED TO GET.

    SO, UH, ONE, YOU KNOW, ONE THING I'D LIKE TO POINT OUT IS THAT EVEN IF WE DID HAVE THESE 25 SPACES, THE ISSUE, THE PROBLEM IS, OKAY, THE MORE CARS YOU PUT IN IN JEOPARDY HERE DURING THE FLOOD, THESE FLOOD FLOODING EVENTS, IT'S, IT'S REALLY HARD.

    SO IT'S REALLY SELF-DEFEATING OKAY.

    TO GET OFFSITE PARKING, ESPECIALLY IF THESE VEHICLES ARE UNDER REPAIR.

    OKAY.

    UH, SOME OF THEM, THE ENGINES DON'T WORK, THEY DON'T RUN, THEY'VE BEEN TOWED IN.

    SO WE ARE HERE TO, UH, TO ASK FOR SOME RELIEF FROM THAT, THAT ONE STIPULATION IN THE ORIGINAL, UH, ZONING BOARD DECISION.

    HOW, HOW I, I GUESS THE QUESTION IS WITH, WITH WHETHER WE DON'T KNOW WHEN IT'S GOING TO HIT OR WHEN IT'S NOT GOING TO HIT.

    AND DID HE GET THE, HAVE THE OPPORTUNITY BEFORE THE PROPERTY WAS SOLD TO AT LEAST ON AN INTERIM BASIS, HARD CARS AND THE PROPERTY THAT WAS NOW SOLD? THAT'S RIGHT.

    AND APPROXIMATELY, WAS IT UP TO THE QUANTITY THAT HE NEEDED? YEAH, YOU COULD, YOU CAN GET THE SPACES IN THERE.

    OKAY.

    BUT, UM, YEAH, YOU COULD, SO IT COULD BE UP TO 25 CARS ON THAT, ON THOSE SPACES.

    THAT'S RIGHT.

    AND WOULD HAD, HOW DID IT, UM, HOW DID IT COLLATE WITH WHAT HE HAD IN ON HIS PROPERTY? DID IT MAKE ANY DIFFERENCE OR, OR NOT? WELL, IT, IT DIDN'T REALLY MAKE ANY DIFFERENCE BECAUSE, YOU KNOW, BASICALLY, UM, THESE AREAS BECOME STORAGE AREAS.

    OKAY.

    SO, AND, UM, YOU REALLY DON'T NEED THEM OKAY.

    TO SUPPORT THE ACTIVITY THAT'S GONNA BE IN THE BUILDING.

    IT'S BASICALLY A HUNDRED BY A HUNDRED BUILDING.

    IT'S GOT EIGHT EMPLOYEES IN IT, AND WE ARE RAISING IT, UH, WE'RE ACTUALLY RAISING IT.

    SO IT'S, IT'S ABOVE THE, THE FLOODPLAIN IN ACCORDANCE WITH THE BUILDING CODE.

    YOU MAY BE FAMILIAR WITH THE AREA, YOU KNOW HOW, YOU KNOW, HOW THE FLOODING GOES DOWN THERE.

    AND, UH, SO WHEN THESE, UM, WET PERIODS COME, LIKE THE SPRING WAS VERY WET.

    OKAY.

    AND, UH, SO HE HAD TO VACATE BOTH BUILDINGS.

    OKAY.

    BOTH TONS.

    OKAY.

    AND, UM, IT'S, IT'S, IT, IT'S A HAIR RAISING EVENT.

    IT'S VERY STRESSFUL ON 'EM.

    OKAY.

    THEY ACTUALLY BACK A TRUCK, UH, THEY HAVE TWO, TWO LOCATIONS.

    ONE IS, UM, WAREHOUSE LANE.

    SO THEY BACK A TRUCK UP TO THE DOOR.

    OKAY.

    AND THEY PUT ALL THE OFFICE EQUIPMENT OKAY.

    IN THE TRUCK, AND THEY DRIVE IT UP, AND GENERALLY SPEAKING, PUT IT

    [00:35:01]

    INTO, UH, SAM'S CLUB PARKING LOT.

    OKAY.

    AND, UM, HE LOSE, HE LOSES TWO OR THREE DAYS OF ACTIVITY.

    IT DID FLOOD, UH, THE BUILDING WITH A, A FOOT OF WATER.

    OKAY.

    I THINK AROUND, UH, JANUARY OR FEBRUARY.

    OKAY.

    THE NEXT FLOOD CAME, DID THE SAME THING ON 25, UH, 23, 25 WAREHOUSE LANE, BACK THE TRUCK UP, PUT THE STUFF IN, AND THE WATER JUST CAME UP TO THE DOOR.

    OKAY.

    UM, ONE OF THE, UH, PHYSICAL FEATURES OF WAREHOUSE LANE IS THAT ON THE, UH, SOUTHERLY SIDE OF, UH, WAREHOUSE LANE, THERE'S A, A BIG TROUGH.

    OKAY.

    AND THAT TROUGH HAS A GRADE ON IT, AND IT'S SUPPOSED TO TAKE THE WATER OKAY.

    FROM THE PARKING LOT AND THE ROAD SYSTEM.

    OKAY.

    PARTIALLY PART OF THE WATER FROM SOMO RIVER ROAD, JUST AND BRING IT DOWN TO THE, UH, TO THE SOMO RIVER, WHAT'S HAPPENING NOW, OKAY.

    WITH THESE KIND OF FLOODING EVENTS, BECAUSE THEY, THEY'RE VERY, VERY QUICK.

    THEY'RE QUICKER THAN THEY USED TO BE.

    WE GET PERIODS WHERE THE GROUND IS SATURATED OVER A PERIOD OF TIME, AND EVEN A, A TWO INCH RAINFALL ON TOP OF THE SATURATED GROUND AND THE WATER STARTS RUNNING BACK UP THE TROUGH.

    BUT THAT'S THAT AREA.

    NOW, THE, THE ONE 10 WHERE NHAN IS JUST A LOWER BUILDING OKAY.

    THAN 23 AND 25, AND HE DOES ONLY AUTO BODY IN THERE.

    AND HE HAS, UM, YOU KNOW, HE HAS A PAINT SHOP IN THERE AND ALL THOSE KINDS OF THINGS.

    SO DEFINITELY DURING THE RAINFALL EVENT, YOU GOTTA GET OUTTA THAT BUILDING.

    YOU GOTTA COME GET THE BUILDINGS OUT, ORGANIZE YOUR STAFF.

    THEY DON'T HAVE AN OFFICE DOWN THERE, THEY JUST HAVE STAFF AND THEY JUST GOTTA GET IT OUT FROM AN ENVIRONMENTAL STANDPOINT.

    OKAY.

    YOU KNOW, FLOODING IN THESE AREAS.

    OKAY.

    UM, THE STREETS ARE, UH, THEY'RE DIRTY.

    OKAY.

    AND THAT KIND OF STUFF.

    AND SO ARE THESE SITES.

    SO FROM AN ENVIRONMENTAL STANDPOINT, IT'S VERY GOOD TO BUILD THIS BUILDING AND IT'LL HAVE A RAMP UP.

    OKAY.

    AND, UM, SO THE ORIGINAL, UH, THE ORIGINAL APPLICATION HAD, UH, REQUIREMENT FOR 102 SPACES AND WE COULD PROVIDE 17.

    AND, UH, AND THEN THE STIPULATION FOR 25 OFFSITE, WELL, WHEN I MADE THE FIR ORIGINAL APPLICATION, I USED VERY LARGE TRUCKS IN THE BUILDING.

    IN OTHER WORDS, I USED TRACTOR TRAILERS.

    OKAY.

    AND SO IF YOU MIX AND MATCH OKAY.

    THE VEHICLES THAT HE GENERALLY REPAIRS, HE REPAIRS FEDEX TRUCKS THAT, THAT KIND OF TRUCK.

    OKAY.

    AND, UM, HE SERVICES A LOT OF LANDSCAPERS THAT HAVE PROBLEMS WITH THEIR VEHICLES.

    SO THE FIRST TIME AROUND, I JUST, YOU KNOW, I HAD IT LOCKED IN MY MIND THAT THEY'RE GONNA ALL BIG, BIG TRUCKS, IF YOU TAKE THE BIG TRUCKS OUT AND YOU PLAY GAMES WITH THE TRUCKS OKAY.

    AND MOVE 'EM AROUND, YOU USE A COMBINATION OF CARS AND VANS.

    OKAY.

    YOU WIND UP GETTING ABOUT 30 SPACES.

    OKAY.

    AND YOU CAN PROBABLY GET MORE OKAY.

    IF YOU ARRAY THE SPACES ALONG THE, UH, NORTHERLY LINE, WHICH I DIDN'T DO ON THE FIRST APPLICATION.

    AND THE REASON WAS I WAS CONSIDERING THIS TO BE TOTALLY LARGE TRUCK REPAIR AND THAT'S IT.

    OKAY.

    AND HE ONLY NEEDS EIGHT SPOTS FOR THE EMPLOYEES.

    SO IF YOU GO DOWN THERE, IT'S NOT, YOU KNOW, PARKING IS NOT PERFECT.

    OKAY.

    PEOPLE, UH, DRIVE IN, THEY DON'T, UH, REALLY LINE UP PERFECTLY AND THERE'LL BE A, A RAMP THAT GOES UP CONSIDERABLY LONG AND YOU CAN PARK ON THE RAMP OKAY.

    TOO.

    AND WE SHOW PARKING ON, UH, ANOTHER PLAN THAT I SHOWED THE PLANNING DEPARTMENT.

    SO THAT'S BASICALLY IT.

    I MEAN, THE FUNDAMENTAL THING HERE IS THAT, UM, GET PUTTING MORE SPACES OFF SITE IS JUST, IT'S, UH, THEY, ALL YOU'RE DOING IS PUTTING MORE VEHICLES IN JEOPARDY AND YOU GOTTA RUN AROUND LIKE A MANIAC.

    TRY AND GET THE, THOSE, UH, VEHICLES OFF AND OFFSITE SITE QUESTIONS.

    ALL RIGHT.

    I, I'M JUST STILL TRYING TO, UH, I REALIZE THAT THIS IS SOMETHING THAT'S NECESSARY TO DO IF YOU WANT TO TRY AND MAINTAIN YOUR SANITY AND YOUR BUSINESS.

    HOWEVER, I'M JUST CONCERNED BECAUSE OF THE CONGESTION THAT'S DOWN THERE AS TO WHERE THE CARS ARE, ARE, ARE GOING TO BE PARKED AND WHAT'S, WHAT EFFECT THAT THAT MAKES WITH EMERGENCIES AND OTHER THINGS.

    AND THESE LARGE TRUCKS.

    SO, WELL, HE DOES LARGE TRUCK REPAIR AND THAT DEFINITELY HAS, HE, HE, HE CANNOT DO LARGE TRUCK REPAIR NOW, NOW ON, ON THE SITE AS IT'S, YOU JUST CAN'T, OKAY.

    YOU GOTTA GET HIM HIGH AND DRY.

    YOU CAN'T

    [00:40:01]

    TAKE A, A FREIGHT LINER THAT, YOU KNOW, GOT, UH, AN ACCIDENT ON THE THROUGHWAY AND BRING IT IN AND PUT IT, PUT IT OUT IN THE LOT.

    I MEAN, YOU CAN'T PUT IT, THERE HAVE BEEN TIMES WHERE HE COULDN'T GET THE CARS OUT OKAY.

    THAT WERE IN THE POT SHOP AND HE LOST THEM.

    YEAH, I KNOW.

    HE TOLD US THAT.

    YEAH.

    SO JUST FOR MY OWN CLARITY, SO, SO YOU'RE GOING TO BUILD THIS BUILDING AS WE, WE WITH THE VARIANCES THAT WE APPROVED EXACTLY.

    BACK IN 2017.

    EXACTLY.

    SO I GUESS YOU JUST GET EXTENSIONS, OR IS THAT HOW IT WORKS? I DON'T EVEN KNOW.

    LIKE, 'CAUSE IT SAYS THEY HAVE TO, CONSTRUCTION HAS TO COMMENCE AFTER 12 MONTHS.

    SO I GUESS THEY JUST FILE FOR EXTENSIONS.

    IS THAT HOW GREENBERG OKAY.

    SO, AND HE NO LONGER OWNS THE PROPERTY ACROSS THE STREET WHERE HE WAS GOING TO HAVE, HE DIDN'T OWN IT.

    HE HAD A, BASICALLY A FRIENDLY RELATIONSHIP WITH THE PEOPLE NEXT DOOR.

    BUT SOMEBODY CAME IN, SOMEBODY LOST THEIR SPACE, A LANDSCAPER, HE LOST HIS SPACE AND, UH, HE CAME IN AND, AND MADE A BETTER OFFER TO THE GUY.

    OKAY.

    HE WAS ACTIVELY USING THAT LOT.

    OKAY.

    AT THE TIME THAT I CAME BEFORE THE BOARD, BUT THEN HE LOST IT.

    OKAY.

    AND HOW MANY, SO YOU'LL HAVE 17 SPACES PROVIDED? WELL, THE ORIGINAL APPLICATION SAID 17, THAT I COULD, HAD 17 ON SITE.

    YEAH.

    OKAY.

    BUT AGAIN, LIKE I SAID BEFORE, I, I WAS JUST, AT THE TIME I WAS DESIGNING IT, I JUST PUT LARGE TRUCKS IN THERE.

    I PUT A COUPLE OF TRACTOR TRAILERS IN THERE AND YOU KNOW, YOU PUT A TRACTOR TRAILER, YOU TAKE THE TRACTOR TRAILER OUT, YOU GET THREE FEDEX FANS.

    OKAY.

    AND, UM, AND THERE'S A, UM, THERE'S ALSO A SPECIAL PIECE OF EQUIPMENT IN THERE, WHICH, UM, YOU NEED TO STRAIGHTEN FRAMES.

    OKAY.

    UM, MORE OFTEN THAN NOT VEHICLES AN ACCIDENT, YOU DO STRAIGHTEN FRAME AND, UH, SO WE, THAT'S IN THE BUILDING.

    SO I, I MOVE THINGS AROUND IN THE BUILDING.

    I BELIEVE THAT YOU MAY HAVE THAT PLAN NOW.

    OKAY.

    AND THAT'S, AND THEN I PUT MORE VEHICLES IN AND I DIDN'T, I DID NOT PUT IN ANY PARKING SPACES IN THE ORIGINAL APPLICATION ALONE, THE NORTHERLY LINE.

    OKAY.

    AND, UH, I JUST, SOMETHING, YOU KNOW, IT WAS JUST DIDN'T SEEM LIKE IT MADE SENSE TO ME AT THAT TIME.

    SO HOW MANY PARKING SPACES ARE YOU PROVIDING? SO REALISTICALLY, YOU CAN GET ANYWHERE BETWEEN 17 AND 30.

    OKAY.

    OKAY.

    PROBABLY THE MEDIAN IS AROUND 24.

    AND, UH, MOST OF THE EMPLOYEE, ABOUT 50% OF THE EMPLOYEES DO NOT HAVE A CAR.

    THEY EITHER COME BY PUBLIC TRANSPORTATION, OR ACTUALLY SOME OF THEM LIVE LOCAL.

    SO I'M ASSUMING THIS IS THE LATEST.

    YEAH, THAT SHOULD BE THE LATEST.

    YES, MA'AM.

    OKAY.

    THE, IT'S, UH, YOU HAVE 24 CARS AND 16 VANS.

    YEAH.

    SO, WAIT, DID WE GIVE YOU A VARIANCE FOR THE PARKING? YES.

    WELL, YOU GAVE ME A VARIANCE THAT SAID FOR THE PARKING, AND YES, YOU PUT THE CONDITION IN WITH THE CONDITION.

    OKAY.

    SEVEN.

    THE VARIANCE THAT YOU GRANTED WAS 17.

    WE NEEDED 1 0 2.

    OKAY.

    OKAY.

    AND, UM, AND THEN, UH, YOU WANT THE, THE, THE REQUEST WAS 25 OFF.

    OKAY.

    JUST, SO ORIGINALLY YOU HAD 17 ON SITE 25 OFFSITE, WHICH WAS 42 SPACES.

    THAT'S RIGHT.

    AND NOW YOU'RE SAYING YOU HAVE 40 ON SITE, SO IT'S AN ELIMINATION OF TWO SPACES.

    OKAY.

    LISTEN, I WANNA BE REALISTIC WHEN I EXPLAINED THIS TO YOU.

    OKAY.

    YOU COULD, YOU COULD GET, WE HAD 17.

    OKAY.

    AND I DIDN'T TOTALLY USE THE WHOLE LOT AGAIN, THE NORTHERLY SIDE OF THE LOT I DIDN'T USE.

    SO IF, IF I PUT CARS ALONG THE NORTHERLY LOT.

    OKAY.

    AND I, AND I MOVED THE, AND I, I PLAYED A OUI BOARD GAME WITH THE CARS.

    OKAY.

    AND TOOK, TOOK THE BIG TRUCKS OUT AND PUT THE VANS IN, WHICH, BY THE WAY, THAT'S MOST LIKELY WHAT HE, HE YOU'LL BE DOING IN THERE, YOU KNOW, LIKE FEDEX VANS DOES A LOT OF FEDEX WORK.

    SO THE ANSWER TO YOU IS THE MEDIAN THAT I THINK THAT YOU CAN GET ON THERE OKAY.

    IS SOMEWHERE BETWEEN 24 AND 30.

    THAT'S IT.

    SO, SO WHY DIDN'T YOU DRAW UP THE 24 TO 30 AND INSTEAD OF THE 40? OKAY.

    UM, PARDON ME, I DON'T KNOW WHICH PLAN YOU MAY HAVE THERE.

    DOES THAT PLAN IF YOU HOLD IT UP? I THINK I CAN SEE IT.

    MY EYES ARE GOOD ENOUGH.

    I THINK I CAN SEE IT.

    [00:45:02]

    YEAH, THAT SHOULD BE THE PLAN.

    THE BOX ON THE LEFT.

    OKAY.

    SO THE BOX ON THE LEFT SHOWS, UM, I BELIEVE 30, IT SHOULD SHOW 24 CARS AND 16 FEDEX.

    YEAH.

    OKAY.

    BUT IF I WAS TO PUT 24 CARS ON THE SITE OKAY.

    ESPECIALLY ALONG THE NORTHERLY LINE.

    OKAY.

    THERE'S A 25 FOOT SETBACK REQUIREMENT.

    SO I'D HAVE TO, I'D HAVE TO ASK FOR A VARIANCE.

    OKAY.

    PARKING THERE, ALTHOUGH YOU DID GIVE ME, UH, VARIANCE FOR PARKING, SIDELINE SETBACK ON THE ORIGINAL APPLICATION.

    AND YOU MAY HAVE THE PLAN THAT HAS A BUNCH OF XS ON IT IN THE VEHICLES.

    NO.

    OKAY.

    SO WHAT HAPPENED IN THE INTERIM BETWEEN, UH, TALKING TO AARON AND THE PLANNING BOARD? OKAY.

    I HAD THE ORIGINAL PLAN, WHICH I BELIEVE THAT'S THE ONE YOU HAVE.

    OKAY.

    AND THEN I, HE SAID, DO THIS, PAUL, GO, OKAY.

    SEE IF YOU CAN NARROW THIS DOWN TO WHAT YOU REALLY THINK YOU'RE GONNA USE OKAY.

    WITHOUT ANY OTHER VARIANCES OKAY.

    TO SET BACK FROM THE PROPERTY LINE.

    SO THAT'S WHY I HAVE THE 24.

    OKAY.

    YEAH.

    ACTUALLY I'M READING MY OWN NOTES HERE.

    OKAY.

    I HAVE A LITTLE BOX ON THE SIDE SAYS 28.

    OKAY.

    28 TOTAL.

    I JUST, THE QUESTION I HAVE IS, IS IF WE WERE TO GRANT A VARIANCE, WE'RE GONNA SAY PER PLANS DATED A CERTAIN DATE MM-HMM.

    .

    AND WE NEED TO KNOW WHAT THOSE PLANS ARE AND SEE THEM.

    OKAY.

    I DON'T HAVE, I DON'T IS THERE ANYWHERE THAT HAS WHAT YOU'RE SAYING DRAW OUT? WELL, I DO, I DO HAVE IT HERE AND YOU KNOW, WE, YOU KNOW, DON'T HAVE TO RU I DON'T HAVE TO RUSH INTO THIS, YOU KNOW, TONIGHT.

    YEAH.

    OKAY.

    I CAN GET YOU THE PLAN.

    OKAY.

    OKAY.

    I JUST WANTED TO COME AND HAVE A, A REASONABLE DISCUSSION WITH YOU FOLKS AND SAY, HEY, YOU KNOW, THIS IS, THIS IS WHAT WE'RE UP AGAINST.

    THE REAL PROBLEMS ARE FLOODING, IT'S ABSOLUTELY CAN'T LIVE WITH IT.

    AND THE WATER COMES FAST, NOT SLOW ONCE IT STARTS RISING.

    SO HAVE YOU EXPLORED OTHER SOLUTIONS TO ADDRESS THE FLOODING AND WATER ISSUES? I KNOW YOU'RE LOOKING AT AN OPTIMAL SOLUTION HERE, WHICH IS TO, YOU KNOW, BUILD ABOVE THE WATER ELEVATION.

    BUT EVEN WITH A NEW BUILDING AND FLOODS COMING, DO YOU HAVE ANY DRAINAGE OR OTHER SYSTEMS THAT CAN ALSO ADDRESS THE WATER ISSUES AND THE, AND THE FLOODING? HAVE YOU EXPLORED THAT? UM, UM, IT'S NOT BEYOND MY PAY GRADE , BUT THE FLOODING IS SO EXTREME DOWN THERE.

    SO YOU HAVE A BASE FLOOD ELEVATION.

    FEMA ESTABLISHES THAT OKAY.

    FOR INSURANCE PURPOSES.

    OKAY.

    IT'S A FLOOD RATE INSURANCE MAP, GIVES YOU AN ELEVATION.

    OKAY.

    THE ONLY THING IS, UH, AND THEY SAY IT'S THE HUNDRED YEAR FLOOD.

    OKAY.

    WHICH IS ALSO TURNED THE 1% ANNUAL CHANCE, WHICH MEANS THE A HUNDRED COULD ACTUALLY BE EXCEEDED EVERY YEAR.

    OKAY.

    THEN YOU HAVE THE OTHER FLOODS.

    YOU HAVE THE, THE A HUNDRED, THE 50, AND THE 25.

    WHAT'S HAPPENING HERE IS YOU ARE CONSISTENTLY COMING HIGHER THAN THE A HUNDRED YEAR FLOOD.

    OKAY.

    AND THAT'S A BIGGER ISSUE THAT FEMA IS GONNA HAVE TO ADDRESS ONE OF THESE DAYS.

    OKAY.

    YOU ARE COMING UP, I MEAN, I'VE BEEN, I'VE BEEN, I'VE BEEN WORKING HERE A LONG TIME.

    OKAY.

    AND I'VE BEEN WATCHING THE FLOOD MM-HMM.

    OKAY.

    SINCE 2011.

    MM-HMM.

    AND AS A SURVEYOR, I WOULD GO OUT AND GET HIGH WATER MARKS, YOU KNOW, MARKS ON THE BUILDING.

    YOU COULD SEE THE WATER COMES UP AND THERE'S A STAIN ON THE BUILDING.

    YOU HIT THE EL YOU GET THE ELEVATIONS, YOU KNOW, USE OUT FRIEND THE SATELLITE AND YOU GET 'EM REAL QUICK AND THEN YOU DOCUMENT 'EM.

    AND I HAVE 'EM DOCUMENTED.

    I HAVE IDA.

    RIGHT.

    I HAVE IDA IRENE.

    OKAY.

    AND, UM, A COUPLE EVENTS THIS YEAR IN 2024.

    MM-HMM.

    .

    SO THAT'S WHY I KNOW THAT THE FLOOD ELEVATION'S COMING UP HIGHER THAN THEY TELL YOU.

    OKAY.

    ANYONE ELSE WANT TO COMMENT ON THIS? UH, THIS IS, UH, COMMISSIONER DUCA.

    I JUST HAD A COUPLE COMMENTS.

    UM, THE PRIOR VARIANCE ASSIGNED

    [00:50:01]

    17 ONSITE SPACES, I BELIEVE, AND I BELIEVE THAT THAT'S WHAT THE APPLICANT IS SEEKING AT THIS TIME.

    IF I'M NOT MISTAKEN, THEY SUBMITTED ANOTHER PLAN THAT HAD DELINEATED MORE PARKING SPACES, BUT THOSE SPACES, UM, ARE NOT WHAT I BELIEVE THE PLANNING BOARD MADE A POSITIVE RECOMMENDATION ON.

    AND I DON'T BELIEVE THOSE SPACES ARE RECOGNIZED BY THE BUILDING DEPARTMENT AS CODE COMPLIANT.

    IT WAS MORE OF LIKE A FUNCTIONAL ASPIRATIONAL PLAN.

    BUT, UM, IF THE APPLICANT FOR THE BOARD'S BENEFIT CAN JUST CLARIFY, YOU'RE SEEKING A VARIANCE THAT'S SIMILAR TO THE 2017 VARIANCE, WHICH DISPLAYED 17 ONSITE SPACES, AND YOU'RE SIMPLY LOOKING TO HAVE THE SPACES THAT WERE REFLECTED OFFSITE REMOVED.

    IS THAT CORRECT? YEAH, THAT'S CORRECT.

    OKAY.

    SO I I THINK IT'S A LITTLE, PEOPLE ARE GETTING SIDETRACKED BY THIS OTHER PLAN MM-HMM.

    THAT YOU SUBMITTED.

    UM, THAT IS NOT WHAT YOU'RE SEEKING APPROVAL ON.

    AND, UM, I JUST WANT TO VERIFY THAT FOR THE RECORD.

    THAT'S RIGHT.

    SO I, I THINK I, I MEAN I, I UNDERSTAND THAT, BUT THE BOARD HAD A REASON IN 2017 FOR REQUIRING THOSE 25 SPACES.

    SO THAT'S WHY I WAS ASKING LIKE, WHERE WOULD THAT, WHERE WOULD THOSE THOSE VEHICLES GO? RIGHT.

    SO I'M NOT HEARING, I ONLY NEED THE 17 SPACES.

    MM-HMM.

    I AM, YOU KNOW, SO THAT WE DON'T NEED THOSE AND THAT'S WHAT OUR, OUR HISTORY HAS SHOWN.

    MM-HMM.

    .

    SO I, YOU KNOW, THAT'S WHY I WAS LOOKING AT THE PLAN.

    YEAH.

    YOU KNOW, SO UNDERSTANDING WHY YOU ONLY NEED 17 SPACES NOW I THINK WOULD BE HELPFUL.

    OKAY.

    UM, LEMME TRY AND LEMME TRY AND CLARIFY IT LIKE THIS.

    THE ORIGINAL PLAN HAD THE BUILDING, WHICH IS BASICALLY A HUNDRED BY A HUNDRED, HAD A RAMP GOING UP TO A PRETTY STEEP RAMP, GET YOURSELF ABOVE THE FLOOD ELEVATION.

    AND WHEN I, WHEN I PUT THE VEHICLES IN THERE OKAY.

    ON THAT ORIGINAL PLAN THAT YOU GRANTED THE VARIANCES ON, I SHOWED TRACTOR TRAILERS IN THERE, WHICH WERE VERY LARGE.

    OKAY.

    TWO OR THREE.

    AND, UH, SO DURING THE DISCUSSION WITH THE PLANNING BOARD, UM, WE HAD A LENGTHY DISCUSSION.

    I SAID, YOU KNOW, WE'RE NOT ALWAYS GONNA HAVE TRACTOR TRAILERS IN THERE.

    OKAY.

    MOST LIKELY NOT HAVE TRACTOR TRAILERS IN THERE.

    OKAY.

    UM, BECAUSE USUALLY IF A VEHICLE GETS, YOU KNOW, IN AN ACCIDENT, YOU PUT THE TRACTOR IN THERE AND NOT THE TRAILER.

    SO I THINK I WAS, UM, A LITTLE, UM, I WASN'T RIGHT ABOUT THAT.

    OKAY.

    SO WHEN I'M BACK TO THE PLANNING BOARD, AARON SAID, PAUL DEMONSTRATE TO THE PLANNING BOARD, OKAY.

    THAT, OKAY, YOU GOT TO 17, BUT YOU CAN REALLY OKAY.

    REALISTICALLY, AND THE BUILDING DEPARTMENT DID LOOK AT IT AND THE BUILDING, UH, DEPARTMENT, UH, GAVE ME AN OPINION OKAY.

    THAT I COULD GET THEM MORE THAN 17 WITH THAT PLAN.

    OKAY.

    AND I COULD GET UP TO 24 WITHOUT ANY OTHER VIOLATIONS OF THE BUILDING GO.

    OKAY.

    SO THAT'S HOW WE GOT TO THIS DISCUSSION OF, YOU KNOW, WHAT IS THIS SITE REALLY GONNA, HOW IS IT REALLY GONNA FUNCTION? SO I, I THINK IT, UH, IT'S BETTER THAT I JUST SAY, OKAY.

    17 OLD PLAN AND ASK YOU TO GIVE US RELIEF FROM THE, UH, OFFSITE PARTY.

    WELL, WHAT YOU JUST SAID MADE MORE SENSE TO ME, .

    YES.

    BECAUSE I'M LOOKING AT THESE TRAILERS THAT YOU HAD DRAWN UP BEFORE AND I'M GOING PRETTY BIG .

    BUT YOU'RE RIGHT, YOU'RE NOT, YOU'RE NOT DOING ANYTHING WITH THE TRAILERS.

    IN LIGHT OF THAT IT LIGHT OF THAT, MY RECOMMENDATION IS TO, UM, HAVE, HAVE THE APPLICANT IDENTIFY, UM, HOW MANY SPACES, UH, COULD BE ON THE SITE IN, IN AN ALTERNATIVE SCENARIO.

    AND IT SOUNDS LIKE IT COULD BE A LITTLE BIT MORE THAN 17.

    AND WE JUST WANNA VERIFY THAT THE, THE BUILDING DEPARTMENT, UH, RECOGNIZES, UH, WHATEVER NUMBER GREATER THAT IS, THAT THEY'RE SHOWN IN COMPLIANT LOCATIONS.

    MM-HMM.

    .

    AND IF THAT'S THE CASE, I THINK THEY WOULD STILL SEEK TO REMOVE THE OFFSITE, UH, PARKING REQUIREMENT.

    BUT PERHAPS THE, THE NUMBER OF SPACES, UH, THAT THEY'RE SHY WOULD BE REDUCED.

    THEREFORE, UM, THE BOARD WOULD BE, UH, ULTIMATELY APPROVING, UM, A LESSER VARIANCE, UM, IF THOSE SPACES ARE DEEMED ACCEPTABLE BY THE BUILDING DEPARTMENT.

    YEAH, WE CAN DO THAT.

    THAT'S GOOD.

    THANK YOU.

    THAT WOULD BE VERY HELPFUL.

    I CAN ALWAYS DO THAT.

    COME BACK, HAVE THE, SUBMIT IT TO THE BUILDING DEPARTMENT RIGHT NOW.

    I JUST GOT A VERBAL.

    OKAY.

    ALRIGHT.

    GOOD ENOUGH.

    [00:55:01]

    ANYONE ELSE WITH ANY, I GUESS NOT.

    OKAY.

    THANK YOU FOR YOUR TIME.

    WE'LL BE BACK.

    YES.

    THANK YOU.

    THANK YOU.

    SO WE CAN MOVE FORWARD WITH OUR DELIBERATIONS.

    I DON'T KNOW IF YOU GUYS WANNA BREAK OR NOT SINCE IT'S, I DON'T NEED I DON'T EITHER.

    NO.

    OKAY.

    ALL RIGHT.

    SO ARE WE GONNA DO IT UP HERE OR ARE THEY GONNA PUT SPEAKERS DOWN THERE FOR US? I THINK WE CAN SEE IT UP HERE.

    YEAH, WELL WE JUST STAY HERE.

    WELL, HE, HE'S, HE'S GONNA NEED, I CAN BRING MICROPHONE IN, WHATEVER YOUR PREFERENCE, WHATEVER ED ED NEEDS.

    FEEL COMFORTABLE AT THE TABLE.

    WE'LL HAVE THAT SET UP.

    WE COULD STAY HERE.

    JUST ONE CAN STAY HERE.

    WE NEED ONE FOR ED.

    OKAY.

    JANELLE, WOULD YOU? YEP.

    OKAY.

    JANELLE, IF YOU COULD PLEASE BRING IN THE MIC FOR ED.

    I DIDN'T SEE YOU MORE THAN 50%.

    ALRIGHT, LET'S GET STARTED THERE.

    MR. THOMAS NORWOOD ROAD BEFORE YOU, BEFORE YOU GET TO THAT, GARRETT, DO YOU KNOW WHEN, OR CHRISTIE, DO YOU KNOW WHEN WHITE PLAINS WILL BE MEETING NEXT? I BELIEVE I SAW SOME CORRESPONDENCE THAT THEY WON'T BE MEETING BEFORE OUR 10 OCTOBER 10TH MEETING.

    THE WHITE PLAINS PLANNING BOARD MEETING IS USUALLY THE, WOULD BE THE 16TH.

    IT'S USUALLY THE THIRD WEDNESDAY.

    WHEN'S OUR MEETING? THE 17TH? NO, OUR, THE 10TH? NO.

    OH, WE'RE EARLY.

    WHY ARE WE SO EARLY? I'M NOT SURE.

    SO THAT'S CORRECT THEN.

    SO YOU WANNA RETURN IT AND I DID NOT SEE THE REQUEST BY THE APPLICANT.

    DID THE APPLICANT GIVE A REASON FOR REQUESTING ADJOURNMENT? YES, THEY, THE REASON FOR THE REQUEST FOR THE ADJOURNMENT WAS BECAUSE THEY DID NOT HAVE ANY NEW INFORMATION.

    UM, AND THEY ARE IN THE MIDDLE OF MEETING WITH CITY OF COMPLAINT.

    ALRIGHT.

    SO WHAT I'M GETTING AT IS PERHAPS THIS SHOULD BE PUT OVER, NOT TO OCTOBER 10TH, BUT TO THE NOVEMBER MEETING.

    OKAY.

    AND WE HAVE COME ONE YEAR .

    RIGHT.

    I THINK, UM, THERE MAY BE A RESUBMITTAL TO THE PLANNING BOARD AND UM, MAY HAVE SOME CLARITY, MAY HAVE AN UPDATE FROM THE TOWN OF GREENBURG PLANNING BOARD.

    THEREFORE, MAYBE AS A PLACEHOLDER I WOULD JUST, UM, PUSH IT TO THE OCTOBER MEETING AND IF WE HAVE TO ADJOURN TO NOVEMBER, LIKE ED SAYS, UH, SO BE IT.

    BUT I DON'T KNOW IF I WOULD RECOMMEND BYPASSING OCTOBER AT THIS POINT.

    WAIT, WHAT? HE DOESN'T WANT TO PASS OCTOBER.

    HE SAID I WOULD.

    I I RECOMMEND PUTTING IT ON IN OCTOBER.

    THE ZONING BOARD.

    WHAT DO YOU EXPECT TO HAPPEN ON IN BETWEEN NOW AND OCTOBER 10TH? THE APPLICANT MAY RESUBMIT TO THE PLANNING BOARD, GET AN UPDATED, UH, SEEKER AND, UM, AND, AND, AND THAT COULD, THAT COULD BE NEW INFORMATION.

    WELL, I UNDERSTAND THAT, BUT THAT CERTAINLY WOULDN'T MAKE IT, UH, SUBJECT TO ANY ACTION THAT THE ZONING BOARD COULD TAKE IN OCTOBER.

    WHEN DOES THE GREENBERG PLANNING BOARD BOARD MANY TO NO, TO NOVEMBER THEN SO BE IT.

    THAT'S FINE.

    BOARD CAN DO THAT.

    WHEN'S THE GREENBERG

    [01:00:01]

    PLANNING BOARD MEETING KI DO YOU KNOW? I COULD LOOK.

    GARRETT, DO YOU KNOW WHEN THE, UH, I COULD LOOK IT UP HERE.

    WHO IS GREENBERG PLAN? WHAT'S THAT? SEPTEMBER 30TH.

    OH, WE, WHEN'S THEIR OCTOBER MEETING? UH, THERE'S ONE, I'D HAVE TO LOOK ON MY CALENDAR.

    WELL, DO YOU THINK THE PLANNING BOARD WILL BE READY TO DO SOMETHING 16 IN ADVANCE OF WITH NO ACTION TAKEN BY WHITE PLAIN? YES, POTENTIALLY.

    UM, RE-LOOK AT SEEKER IN LIGHT OF, UM, THE POTENTIAL NOT ABILITY TO HAVE OVERFLOW PARKING IN THAT CITY OF WHITE PLAINS LOT.

    I THINK THAT'S THE ONLY MOVING PART AT THIS POINT.

    I CAN TELL YOU LATER.

    I'M NOT SURE I'M FOLLOWING YOU.

    IS THE PLANNING BOARD, IS THE PLANNING BOARD GOING TO WAIT ON WHITE PLAINS? NOT THAT I'M AWARE OF, OF, I THINK THE PLANNING BOARD MAY CONSIDER, UM, AN AMENDED APPLICATION FROM THE APPLICANT THAT, UM, TAKES ANOTHER LOOK AT WHETHER OR NOT EMERGENCY OVERFLOW PARKING IS NECESSARY IN THE CITY OF WHITE PLAINS LOT.

    WHERE IT SEEMS LIKE THE CITY OF WHITE PLAINS IS, IS THAT'S THE DIRECTION IT'S HEADING.

    THEY DON'T WANT OVERFLOW CUSTOMER PARKING IN THAT LOT.

    AND YOU'RE SAYING THAT THE PLANNING BOARD MIGHT, UH, SAY THAT WE NO LONGER WANT OR NEED THAT, UH, WHITE PLAINS SLOT FOR OVERFLOW, UH, QUEUING.

    I DON'T KNOW WHAT THEY'RE GOING TO SAY AND I'M NOT SURE WHEN THE APPLICANT'S GONNA BE BEFORE THE PLANNING BOARD, BUT IN CASE THEY WERE, UM, AND THINGS GET RESOLVED AND IN TIME FOR THE OCTOBER MEETING OF THE ZONING BOARD, ACCORDING TO YOUR RECOMMENDATION, WE WILL HAVE LOST THAT MONTH, BUT, YOU KNOW, IT MAY NOT HAPPEN.

    SO, UM, BUT IF, IF, IF YOU THINK IT SHOULD BE NOVEMBER, SO BE IT.

    THAT'S FINE.

    SO I'LL MAKE THE RECOMMENDATION.

    I'LL I'LL LEAVE IT, I'LL LEAVE IT THERE.

    ALRIGHT.

    SO NO, I I I WILL AMEND WHAT I SAID.

    IF IT'S POSSIBLE THAT THE PLANNING BOARD WOULD SAY WE NO LONGER DEEM IT NECESSARY TO HAVE THAT ASSURANCE FROM WHITE PLAINS, THEN THEORETICALLY THEY WOULD HAVE TO AMEND THE NEGATIVE DECLARATION AND THE RECOMMENDATION TO THIS BOARD.

    UH, AND THAT COULD TAKE PLACE BEFORE OCTOBER 10TH FROM WHAT YOU'RE SAYING.

    IS THAT CORRECT, GARRETT? IN, IN ALL LIKELIHOOD, ED, I BELIEVE YOU'RE GONNA BE CORRECT THAT , IT'S A LOT OF MOVING PARTS IT WOULD NEED TO TAKE PLACE THERE.

    SO I BELIEVE IN ALL LIKELIHOOD IT WILL BE NOVEMBER.

    BUT, UM, UM, YOU JUST, I JUST DON'T KNOW.

    I DON'T HAVE A, YOU KNOW, PREDICTOR.

    ALRIGHT, SO KEEP IT ON THE 10TH.

    THERE'S THE DIFFERENCE.

    WE'RE JUST GONNA AJOUR IT.

    THE, WE AJOUR IT AGAIN.

    THAT'S FINE.

    ALRIGHT.

    JUST WENT IN A BIG CIRCLE.

    YES, WE DID.

    NEVERMIND, NEVERMIND.

    WE JUST HAVE TOO MUCH TIME ON OUR HANDS TONIGHT.

    GILDA RADNER USED TO SAY.

    SO WE GET OCTOBER AND THEN HAVE TO ADJOURN IT AGAIN.

    RIGHT? OKAY.

    CAN WE NOW ADDRESS MR. THOMAS ANY DISCUSSION? CAN WE TAKE A STRAW VOTE? SURE.

    OKAY.

    , WANNA START WITH ME? YES.

    I SAY YES, YES, YES, YES, YES.

    OKAY.

    I DRIVE BY HIS HOUSE ALMOST EVERY DAY.

    , THAT'S RIGHT.

    BY YOUR OFFICE, RIGHT? YEAH.

    I ALSO DRIVE BY RAYMOND LANNIGAN EVERY DAY.

    ALL RIGHT.

    OKAY.

    YOU WANT ME TO DO THAT? OH, CAN, THIS IS A, WHO'S VOLUNTEERING ON THIS ONE? I, I THINK I I CAN, WE COULD GO UP THE LINE.

    OKAY.

    ALL RIGHT.

    THANK YOU.

    ALL RIGHT.

    24.

    23.

    TERRY HOLDING.

    I'M SORRY, TERRY.

    HOLDING COMPANY.

    LLC.

    THAT IS THE VETERINARY HOSPITAL.

    WHITE PLAINS.

    MM-HMM.

    ANXIOUSLY WAITING OUR DECISION.

    STRAW VOTE OR DO WE WANNA HAVE A DISCUSSION OR,

    [01:05:01]

    I THINK WE COULD VOTE, I'M GUESS ON THIS ONE TOO.

    YES.

    YES, YES.

    AND YES.

    .

    OKAY.

    .

    NEXT IS CASE 24 24, WHICH IS RAYMORE AND FLANIGAN.

    MM-HMM.

    , ANY QUESTIONS ABOUT THIS? NOPE.

    NO? 'CAUSE IT'S, IT'S ACTUALLY SMALL, SO IT'S FINE.

    YEAH.

    YEP.

    YEAH, I AGREE.

    SO WE CAN TAKE OKAY.

    JUST, SORRY, JUST MAKING SURE.

    YES, YES.

    YEAH.

    ALL RIGHT.

    IT WOULDN'T HAVE MATTERED ANYWAY.

    YOU WOULD WELL, THAT'S TRUE, BUT HATE TO LOOK AT IT THAT WAY.

    AND 4 24 25.

    UM, WE WILL, WE NEED FOR THAT TO COME OVER.

    I DON'T KNOW IF THERE'S ANY, I DON'T KNOW IF THERE'S ANY DISCUSSION WE CAN HAVE UNTIL WE GET THE INFORMATION.

    UNLESS HE HAS TO COME BACK AGAIN.

    THERE'S SOMETHING THAT YOU WANT TO FOCUS ON.

    I MEAN, MY CONCERN WAS THAT WHEN YOU DRIVE THROUGH THERE, I MEAN, THERE'S CARS EVERYWHERE ON THE ROADWAY.

    MM-HMM.

    .

    AND IT'S, AND THE ROAD'S SMALL AND MM-HMM.

    IT'S A MESS.

    YEAH.

    YEAH.

    IT IS.

    I I THINK THE FIRST THING IS, IS WE NEED TO KNOW WHAT WE'RE EXACTLY APPROVING YEAH.

    AND WHAT HE'S ASKING FOR.

    SO, AND A DIFFERENT MAP.

    YEAH.

    I DON'T, WELL, WHAT, WHAT HE'S ASKING FOR IS FOR US TO SIMPLY, YOU KNOW, NEGATE THE OFF PARKING, OFF OFFSITE PARKING.

    MM-HMM.

    .

    YEAH.

    AND THEN WHAT WE ARE PROVING, WE'RE NOT REALLY SURE.

    YEAH.

    WE GAVE HIM A HUGE VARIANCE FOR PARKING ALREADY.

    YEAH.

    SO HE'S, SO HE'S LOOKING TO WRITE, LIKE YOU SAID, GET RID OF THE RESTRICTION.

    MM-HMM.

    .

    AND I, I AM, AND YOU KNOW, FROM, FOR THE OFFITE, ME LOOKING THROUGH THE FILES WHICH WERE PROVIDED FROM 17, IT LOOKED LIKE THERE WAS A REALLY GOOD REASON TO REQUIRE THAT OFFSITE.

    AND I DIDN'T HEAR ANYTHING THAT WOULD TELL ME THAT, OH, WELL I MADE A MISTAKE ON THE, YOU KNOW, LIKE, I DIDN'T SEE IT VISUALLY.

    RIGHT.

    I NEED TO SEE IT VISUALLY.

    AND JUST SO I UNDERSTAND, THIS IS PARKING FOR CARS THAT HE'S REPAIRING.

    YES.

    YEAH.

    YES.

    YEAH.

    NOT LIKE CUSTOMERS COMING AND PARKING THERE.

    YEAH.

    RIGHT.

    NO.

    YES.

    BUT THEN WHEN THE FLOOD COMES, HE LOSES IT.

    YEAH.

    YEAH.

    YEAH.

    THAT I REMEMBER.

    AND THAT'S TRUE.

    I MEAN, IF HE CAME IN AND HE SHOWED US WHERE HE'S PUTTING THEM, AND I COULD ONLY WORK ON THIS MANY AT A TIME BASED ON THE FACT OF THESE ARE THE EMPLOYEES I HAVE, SO I'LL NEVER HAVE MORE THAN THESE PARKED AT A SINGLE TIME.

    AND WE HAVE IT AND WE CAN APPROVE THAT PLAN.

    SO THERE AREN'T CARS ALL OVER THE STREET, BUT I DON'T HAVE ANY OF THAT INFORMATION.

    MM-HMM.

    .

    SO, RIGHT.

    BECAUSE HIS PLAN BEFORE HAD BEEN TO USE THE PROPERTY.

    WELL, I, I AGREE.

    AND DIDN'T HE ALREADY SAY THAT HE'S GONNA COME BACK NEXT MONTH? YEAH.

    YEP.

    MORE INFORMATION.

    YEAH.

    YOU GOOD? OKAY.

    SO WE CAN'T, BUT ARE THERE ANY SPECIFICS THAT, LIKE MORE QUESTIONS? YEAH.

    DO WE WANT PICTURES? DO WE, I MEAN, WHAT DO WE WANT A NEW PLAN, A NEW ANOTHER THAN HIS PLAN OF, I, I THINK HIS PLAN AND FOR HIM TO SAY, THIS IS HOW I, I DON'T NEED MORE THAN THIS AMOUNT OF SPACE FOR REPAIRS FOR THIS MANY CARS.

    AND HERE'S HOW IT SHOWS HOW IT ACTUALLY WORKS WITHIN THE GUIDELINES FROM THE BUILDING DEPARTMENT.

    'CAUSE THEY, YOU KNOW, THEY WERE MM-HMM.

    , YOU KNOW, I DON'T THINK THE DIAGRAM HE SHARED WITH US, I THINK WAS EXACTLY CORRECT.

    SO TO HAVE THAT, AND FOR THE BUILDING DEPARTMENT AND THE PLANNING DEPARTMENT AND EVERYONE TO SAY IT'S OKAY, AND THEN WE KNOW WHAT WE CAN APPROVE.

    I MEAN, AS CHRISTY SAID, HE ALREADY HAS A REALLY LARGE VARIANCE ALREADY.

    SO, WELL, THAT'S THE ONLY WAY HE CAN USE THE PROPERTY, TO BE HONEST, THE WAY HE USES IT.

    SO DOES THAT MAKE SENSE TO YOU? OKAY.

    ANYBODY ELSE OR NO? NO.

    OKAY.

    ALL RIGHT.

    SO THIS WILL BE ADJOURNED TO NEXT MONTH.

    IS THIS A RECORD? LIKE ? THIS IS A WRECK.

    .

    OKAY.

    SORRY.

    KNOCKING WOOD EVERYWHERE.

    .

    ALL RIGHT.

    SO, UM, WHO'S WORKING ON WHAT? I HAVE 24, 21.

    OKAY.

    THE FIRST ONE.

    AND I HAVE THE ANIMAL HOSPITAL AND I HAVE 24.

    24.

    OKAY.

    ARE WE JUST

    [01:10:01]

    DOING THE MOTIONS.

    AND DO YOU HAVE WE CAN DO THAT, YES.

    OKAY.

    IT'S EARLY ENOUGH.

    YOU CAN, WELL, I NEED SLEEP.

    I DIDN'T GET HOME UNTIL AFTER THREE.

    OH, WOW.

    I'LL MAKE A BETTER ONE FOR YOU IF I DON'T HAVE TO DO IT NOW.

    .

    SEE, GOOD ANSWER.

    .

    COME ON.

    COME ON.

    WHAT'S YOUR REASON? MINE? YES.

    JUST SAY IT'S, YOU'LL DO A BETTER JOB.

    IF YOU COULD DO IT, JUST SAY IT'S THURSDAY, .

    UH, THIS IS ON THE RECORD, SO THEN I KNOW I CAN'T SAY THE REAL REASON.

    OH, OKAY.

    BUT YEAH, IT GIVES ME A CHANCE TO ACTUALLY PUT SOME OH, GOOD.

    FINDINGS TOGETHER.

    YEAH, IT DOES.

    OKAY.

    I'VE GOTTEN USED TO IT.

    YOU SHOULD BE ABLE TO VOTE NOW.

    YES.

    YES.

    YEAH.

    YEAH.

    EXCEPT FOR ONE THING.

    OH, NO.

    TWO THINGS.

    DO YOU WANT TO CONDITION THE CASES THAT YOU ARE GRANTING, SUCH AS THE VETERINARY HOSPITAL, LIMITING THEIR EMPLOYEES TO EIGHT AND PROHIBITING OVERNIGHT STAYS? DO WE NEED, I I JUST A QUICK QUESTION ON THE OVERNIGHT STAY.

    UH, JUST A QUICK QUESTION ON THE OVERNIGHT STAY, UM, SMALL ANIMAL HOSPITALS PERMIT OVERNIGHT STAY, UM, AND IT'S NOT GONNA EXACERBATE PARKING.

    WHAT, WHAT'S THE CONCERN THAT THE BOARD MIGHT HAVE THERE? WELL, HE CAME BEFORE THE BOARD AND SAID THAT, UH, HE WOULD NOT HAVE, UH, OVERNIGHT STAYS.

    AND IF YOU ARE SAYING THAT IF WE'RE APPROVING AN ANIMAL HOSPITAL, WHICH DOES BY UNDER THE STATUTE PERMIT, OVERNIGHT STAYS, IF THAT'S IMPORTANT TO THE BOARD, THEN THEY WOULD, THE, THE REPRESENTATION THAT THERE WOULD NOT BE OVERNIGHT STAYS IS IMPORTANT.

    THEN WE WOULD MAKE, WANNA MAKE THAT A CONDITION SPOKEN LAWYER.

    JUST, I JUST, I GUESS I WOULD, I WOULD POSE TO THE BOARD THE QUESTION, UM, YOU KNOW, WHAT WOULD BE, WHAT ARE WE GAINING? WHAT, WHAT DO YOU FEEL YOU'RE GAINING BY POSING PUTTING THAT RESTRICTION IN? 'CAUSE IF THEY HAD OVERNIGHT STAYS, THEN THEY WOULD BE, UH, COMPETING WITH THE, UM, WITH, IT'S NOT REALLY, IT DOESN'T MATTER IF THEY'RE, DOESN'T MATTER.

    AND, AND ACTUALLY THEY WOULDN'T ANTI-COMPETITION.

    I THOUGHT IT WAS MORE FOR JUST 'CAUSE OF THE PARKING VARIANCE, WHICH IS WHAT THEY'RE ASKING FOR.

    YEAH, NO, THEY'RE ASKING FOR A LOT SIZE, SITE SIZE, ASKING FOR A LOT SIZE.

    I'M FINE WITH YEAH, I'M, AND I'M FINE IF THEY HAVE MORE EMPLOYEES.

    YEAH.

    OKAY.

    YEAH, IT'S FINE.

    I JUST, THE ONLY REASON I MENTION IT IS BECAUSE ULTIMATELY, UM, IF AN ANIMAL'S THERE AND YOU KNOW IT'S UNABLE TO BE BROUGHT SOMEWHERE ELSE, UM, I JUST, YOU KNOW, IT'S, YOU KNOW, YOU JUST WOULDN'T WANT TO, YOU KNOW, TO PUT THAT PROHI PROHIBITION IN, I BELIEVE.

    RIGHT.

    TRUE.

    YEAH.

    SO, UH, ED, AS I WAS ABOUT TO SAY, SPOKEN LIKE A TRUE LAWYER.

    UM, HE'S SAYING THAT HE'S NOT GOING TO HAVE OVERNIGHT STAYS, BUT IF WE DON'T CONDITION IT, THEN HE COULD CHANGE HIS MIND.

    YES.

    AND YOU CAN ALLOW OVERNIGHT STAYS IF WE DON'T SAY SPECIFICALLY.

    YEAH.

    UNLESS YOU SPECIFICALLY SAY OTHERWISE, HE WOULD BE PERMITTED TO DO THAT.

    OKAY.

    WHY WOULD WE CARE? YEAH.

    WE DON'T ONLY BECAUSE HE SAID CON IT CAME UP IN HIS PRESENTATION.

    HE WAS QUITE ADAMANT ABOUT THAT.

    YEAH.

    I THINK IT WAS IN REGARD TO THE COMPETITION, OF COURSE, IT'S, YOU KNOW, ZONING RUNS WITH THE LAND, NOT THE USER.

    NO.

    , YOU THROW THAT IN MY FACE.

    RIGHT.

    SO, YOU KNOW, HE CAME IN AND SAID, WELL, YOU GRANT, IF YOU GRANT THIS, BECAUSE HE SAYS TO YOU HE'S NOT GONNA HAVE OVERNIGHT STAYS BECAUSE HE'S GOT THIS WONDERFUL RELATIONSHIP WITH, UH, WITH THIS NEIGHBOR.

    YEAH.

    WHO'S A POTENTIAL COMPETITOR.

    UH, HE MADE THAT POINT.

    I'M JUST RAISING THAT TO SEE IF YOU WANT TO MAKE THAT A CONDITION.

    SIMILARLY, ON 24 24, UH, YOU WOULD, I WOULD THINK SINCE IT CAME UP ABOUT THE HOURS, ONE OF YOU ASKED ABOUT THE, WILL IT BE REMAIN ON 24 7? YEAH.

    WE DO NEED TO THE ILLUMINATION.

    SO YOU WOULD, YOU MIGHT WANNA MAKE THAT A CONDITION.

    SO WHAT I'M SAYING IS, BEFORE YOU HAVE YOUR MOTIONS TO GRANT, YOU OUGHT TO AT LEAST DISCUSS WHETHER YOU WANT TO CONDITION ANY OF THESE THAT YOU'RE OPENING.

    I THINK IT'S A GOOD POINT ON THE SIGN.

    DIDN'T PROBABLY WANNA, DID WE CONDITION THE LAST ONE? HE DIDN'T GIVE US A TIME THOUGH.

    HE SAID AFTER HOURS.

    YEAH, HE SAID AFTER HOURS.

    JUST SAY DURING BUSINESS HOURS.

    [01:15:03]

    YEAH, WE CAN SAY THAT.

    I MEAN, DO WE CARE IF THE SIGN IS ON? BECAUSE THEY'RE SO SET BACK FROM DARK TARRYTOWN WORK DARK AREA.

    IT'S NOT IN A RESIDENTIAL AREA, SO IT'S NOT LIKE IT'S KEEPING PEOPLE UP AT NIGHT.

    LIKE, TO ME, I WOULD THINK LIKE, WELL, IT'S PROBABLY LIT OTHERWISE, BUT IT'S SORT OF LIKE A SAFETY, I ALWAYS BELIEVE THAT ED DOESN'T BRING THINGS UP IF IT DOESN'T HAVE A GOOD REASON.

    SO I DON'T HAVE A PROBLEM CONDITIONING THE OVERNIGHT ILLUMINATION OF THE SIGNAGE FOR RAYMORE AND FLAGGING FLANAGAN, NOR DO I HAVE A PROBLEM CONDITIONING THAT THE, EVEN THE GAS STATIONS GO TURN THE LIGHTS OFF WHEN THEY GO OUT.

    YEAH.

    AND THEN YOU, YOU AGREE THE CONDITIONING FOR THE ANIMAL HOSPITAL AS WELL, BUT THE CONDITIONS.

    YES.

    YEAH.

    I, I DON'T, I DON'T NOT, I DON'T CONDITION.

    YOU GUYS DON'T STAY UP LATE ENOUGH.

    NO, THE LIGHT'S FINE, BUT NOT THE ANIMAL HOSPITAL.

    OH, NO, NO.

    YEAH, YEAH, YEAH, YEAH.

    NO, THE LIGHT.

    NO, THE LIGHT.

    I, I AGREE.

    I CONDIT THE CONDITION THAT FOR THE BUILDING JUST 'CAUSE OF THE PRECEDENT IT SETS AND, BUT I WOULDN'T CONDITION THE ANIMAL HOSPITAL.

    I, I, THAT'S LIKE TELLING SOMEONE THEY CAN'T GROW THEIR BUSINESS.

    YOU CAN NEVER HAVE MORE THAN EIGHT EMPLOYEES.

    WHAT IF THEY JUST WANT NINE OR 10? YEAH.

    THEY MAKE PEOPLE PART-TIME VERSUS FULL-TIME.

    RIGHT.

    THE NEWEST THING IN VETS IS THEY'RE NOT FULLTIME ANYMORE STAFF, THEY'RE CONSULTANTS, YOU KNOW, SO THEY, SO YOU HAVE YEAH, BUT I THINK ED WAS BRINGING UP THE OVERNIGHT STAY, RIGHT? I HAD THE OVERNIGHT STAY.

    YEAH.

    I, I WOULDN'T HAVE A PROBLEM WITH THAT EITHER.

    NOT, NOT THAT HE CAN'T HAVE BUSINESS HOURS TILL 10:00 PM YEAH.

    I DON'T HAVE A PROBLEM WITH CONDITIONING THE O OH NO.

    OVERNIGHT STAYS.

    BUT THAT, BUT NOT STATING THAT HE CAN'T GO FROM NINE TO FIVE TO NINE TO 10 OR 11, JUST NOT TILL 3:00 AM IN THE MORNING OR 6:00 AM IN THE MORNING.

    SO HERE'S, HERE'S AN EXAMPLE THAT I'LL USE FROM MY OWN EXPERIENCE OF AN OVERNIGHT STAY.

    OKAY.

    I HAD A DOG WHO I WENT IN TO HAVE ITS TEETH REMOVED TO FIND OUT IT HAD A SERIOUS MEDICAL CONDITION THAT IT COULD BLEED OUT AND HAD TO, OH GOD.

    EMERGENCY SURGERY AT THE VET AND COULDN'T BE MOVED.

    SO MY VET WHO DIDN'T HAVE ANIMALS OVERNIGHT, STAYED OVERNIGHT WITH ME IN THE ANIMAL HOSPITAL BECAUSE MY DOG COULD NOT BE MOVED.

    OH.

    IF WE HAD PUT THAT PROVISION IN, I WOULD'VE HAD TO GET MY DOG IN A CAR AND DRIVE, WHICH I'VE DONE WITH OTHER DOGS, RIGHT.

    AND DRIVE TO THE EMERGENCY HOSPITAL.

    SO THAT'S WHY FROM MY OWN EXPERIENCE, I WOULDN'T PUT THAT IN BECAUSE EVEN THOUGH THAT'S NOT THE NORM, YOU NEVER KNOW, LIKE, ESPECIALLY WITH A ANIMAL HO, WHERE IT'S NOT A CORPORATION, YOU KNOW, LIKE A, A CHAIN LIKE VCA WHERE THEY WOULD YES.

    WE'LL STAY IN THE HOSPITAL WITH YOU.

    SO THAT'S WHY I I WOULDN'T DO IT.

    DOGS CAN'T TALK.

    I WOULDN'T DO IT.

    DOGS CAN'T WHAT? TALK .

    NO, I, WE NOT, I DON'T WANT TO CONDITION THE VET.

    I DON'T EITHER.

    PERIOD.

    .

    SO, UM, BUT I'LL DO RAY MOORE IN PLANNING ON IT.

    YEAH, ME TOO.

    MY, MY FEELING IS THAT WE CAN CONDITION THE NO OVERNIGHT STAY.

    NO, BUT DID YOU HEAR WHAT SHE JUST SAID? I DID.

    BUT THAT DOESN'T MEAN THAT IF A SPECIAL CONDITION WERE TO, BUT WHY WOULD WE, WHAT'S THE PURPOSE OF CONDITIONING IT? LIKE WHY DO YOU CARE IF SOMEONE STAYS OVERNIGHT THERE? THERE'LL BE LOTS OF PARKING ALL THE TIME.

    THAT SURE WOULD ALL THE TIME.

    YEAH.

    WHO CARES? THERE'S ONE RIGHT DOWN THE STREET FROM ME.

    IT'S AN ALL NIGHT VET.

    THEY BOARD ANIMALS THERE.

    I MEAN, WHAT, WHO IS IT? WELL, BUT A, A SICK DOG IS IN A CAGE LOOKING VERY SAD.

    WELL, I BELIEVE WE ALL AGREED THAT WE'RE APPROVING THE APPLICATION.

    UM, SO HOW ABOUT WE PUT, DO WE HAVE TO ALL AGREE ON THE CONDITION? SO WHAT I WOULD PUT, WHAT I WOULD AGREE TO ON A CONDITION IS NOT TO HAVE NORMAL BUSINESS HOURS WITH PEOPLE COMING AND GOING.

    BUT THAT DOESN'T MEAN YOU CAN'T BOARD DOGS, BOARD ANIMALS OVERNIGHT.

    WELL, THAT'S WHAT I FEEL THE CONDITION SHOULD MEAN.

    NOT HAVE ANY BOARD AT ALL.

    NOT THAT IF YOU HAVE A DOG THAT SUDDENLY NEEDS TO STAY LONGER AND A VET AND A VETERINARIAN IS WILLING TO STAY WITH YOUR PET PAST BUSINESS HOURS TO ATTEND TO YOUR PET, THAT HE SHOULD BE SAY, OH, I'M SORRY.

    NO, I CAN'T CARE FOR YOUR PET BECAUSE WE HAVE TO CLOSE AT FIVE O'CLOCK.

    SO THAT'S BOARDING.

    SO MAYBE THEY COULD BOARD AND CARE BUT NOT SEE PATIENTS.

    [01:20:02]

    WELL, WHY, WHY ARE WE DOING THIS? I DON'T KNOW WHAT WE'RE TRYING, MAKING THIS VERY COMPLIC.

    WE'RE SUPPOSED TO, THEY'RE ASKING FOR VARIANCE AND NOW WE'RE REDEFINING THE CONDITIONS AND INTERPRETATION OF AN ANIMAL HOSPITAL.

    WE HAVE FOUR THAT DON'T.

    OKAY.

    WE'RE NOT CONDITIONING IT.

    WE SHOULDN'T DO IT.

    IT'S AN ANIMAL HOSPITAL.

    WE WE'RE, WE'RE THEY'RE JUST ASKING FOR VARIANCE.

    WE NEED TO STICK TO WHAT WE'RE SUPPOSED TO DO.

    WE'RE, WHICH IS VARIANCE, NOT INTERPRET THE DEFINITION OF AN ANIMAL HOSPITAL BECAUSE BY LAW THE ANIMAL HOSPITALS HAS A HAS IS BY DEFINITION.

    I THINK THAT'S YES.

    YEAH.

    I DON'T THINK WE WE'RE, WE'RE GETTING OUT OF OUR LANE.

    I THEY'RE JUST ASKING FOR AREA OF VARIANCE.

    NOT FOR THIS VARIANCE DOESN'T COINCIDE WITH THE MISSION OF WHETHER THEY'RE GONNA BOARD OVERNIGHT OR NOT, OR THE ANIMALS AND THIS AND THAT.

    THEY JUST WANT AN AREA VARIANCE.

    SO THINK THAT'S WHAT WE SHOULD GRANT.

    WE DON'T NEED A UNANIMOUS, UH, VOTE ON THE CONDITION.

    CORRECT.

    BECAUSE WE HAVE AS PART OF THE, THE, AS PART OF THE DETERMINATION, HOW WOULD IT, SO WE ALL HAVE TO SAY YES TO THE, TO THE NOTION.

    WELL, THE CONDITION, THE IT, THE CONDITION GOES IN, IT GOES WITH THE MOTION.

    THE MOTION.

    WELL, BUT WE HAVE FOUR THAT ARE WITHOUT CONDITIONS.

    YOU COULD JUST ABSTAIN FROM THE WHOLE THING.

    RIGHT.

    YOU DON'T HAVE TO CONCURRING OPINION ONLY DISSENTING ON THE CONDITION, THE LACK OF CONDITION, OR HAVE NO BACKBONE AND JUST GIVE IN.

    RIGHT.

    NO, YOU DON'T HAVE TO GIVE IN.

    YOU DON'T HAVE TO GIVE IN.

    WE GOT YOU.

    OKAY.

    SO WE CAN STILL APPROVE THE APPLICATION.

    YEAH.

    SO THAT'S, AS PAULINE WAS SAYING, THAT'S THE BOTTOM LINE.

    YES.

    RIGHT.

    THAT'S WHAT THEY'RE ASKING FOR.

    OKAY.

    OKAY.

    I STILL AGREE WITH APPROVING THE APPLICATION.

    ALRIGHT.

    SO THERE WILL BE NO CONDITIONS FOR THAT.

    APPARENTLY NOT.

    OKAY.

    BUT YOU CAN SAY IN YOUR, WELL, I'M NOT WRITING THIS ONE .

    NO, BUT SHE COULD WRITE IT.

    YES, SHE CAN.

    WHEN WE HAVE SOMEBODY WHO OBJECTS TO SOMETHING THAT CAN GO IN, SHE CAN WRITE THAT.

    OKAY.

    TELL HER WHAT YOU WANT HER TO WRITE THOUGH.

    I'M NOT WRITING THAT.

    YOU HAVE TO WRITE IT AS A, A DESCENT.

    YEAH.

    , MIND YOU, I WASN'T ADVOCATING FOR OR AGAINST, I'M JUST RINGING UP THE FACT THAT THESE ARE THINGS THAT WERE RAISED AT THE HEARING.

    MM-HMM.

    THAT YOU WOULD, WOULD GIVE YOU AGREE OR DISAGREE, WOULD UNDERSTOOD MANIFEST ITSELF AS A CONDITION.

    AND I WAS JUST HAPPENING TO AGREE WITH YOU.

    THAT'S CORRECT.

    BUT THAT DOESN'T MEAN I'M NOT GOING TO APPROVE AGREE TO APPROVING THE APPLICATION OBJECTION.

    CORRECT.

    SO WE CAN MOVE ON.

    OKAY.

    OKAY.

    OKAY.

    SO WE HAVE MR. THOMAS, WE HAVE THE HOSPITAL.

    MM-HMM.

    , WE HAVE RAYMER, RAYMER, RAY AND FLANIGAN, WHICH WE ARE PUTTING A CONDITION ON, CORRECT? YES.

    YES.

    THE SIGNS HAVE TO BE LIGHTS HAVE TO BE OUT TOWERS.

    DO WE NEED TO GET INTO THE ILLUMINATION FACTOR OR NOT? NO, I MEAN, HOW BRIGHT? WELL, THEY SAID THAT THEY WOULD, THEY WOULD LIMIT IT TO WHATEVER STICKLEY HEAD, WHICH WAS AT BACK LIGHTING WITH, THEY SAID L-E-D-L-E-D.

    IT WAS LED ETERNALLY ELIMINATED L LED D LIGHTING.

    IT WAS LED.

    OKAY.

    SO THAT SHOULD GO IN IT.

    I MEAN THE, THE WAY WHERE THEY'RE LOCATED, I MEAN THEIR BUSINESS HOURS DON'T REALLY COME INTO PLAY.

    ALL RIGHT.

    OKAY.

    AND DO WE KNOW EXACTLY WHAT WE'RE ASKING FOR FROM MR. PRIZER? YEAH.

    YES.

    MM-HMM? .

    OKAY.

    ALL RIGHT.

    YES, WE'RE ALL SET.

    THANK YOU.

    YOU NEED ME TO UH, LET ALERT THE JANELLE KNOW.

    SURE.

    YEP.

    JUST GIVE ME ONE OF THE, OKAY.

    I DIDN'T BRING ANYTHING LIKE THAT.

    [01:25:07]

    THANK YOU.

    OKAY.

    YOU GOOD? ALL RIGHT.

    ARE WE READY? YES.

    MIKE'S ALL ON.

    OKAY.

    UM, OUR FIRST CASE THAT WE MADE A DECISION ON THIS EVENING IS CASE 24 21 CALVIN THOMAS.

    AND WHEREAS THE GREENBERG ZBA HAS REVIEWED THE ABOVE REFERENCED APPLIC, THE ABOVE REFERENCED APPLICATION WITH REGARD TO CA COMPLIANCE.

    AND NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET CONSIDERATION.

    SECOND.

    MOTION.

    SECOND.

    I HAVE A MOTION.

    FIRST I SECOND.

    OH NO, THAT'S YOUR MOTION.

    YES.

    YOU MADE THE MOTION.

    OH, THAT'S TRUE.

    SEE SLEEP.

    HE SAYS SECOND.

    AYE AYE.

    AYE.

    AYE.

    AYE.

    AYE.

    GENERAL'S.

    AYE.

    AND VOTE WITH I HAVE THE MOTION.

    I HAVE THE MOTION.

    OH, YOU HAVE IT.

    YES.

    MADAM CHAIR.

    I HAVE A MOTION.

    I MOVE THAT THE APPLICATION IN CASE NUMBER 24 21 BE GRANTED PROVIDED THAT THE APPLICANT OBTAIN ALL NECESSARY APPROVALS AND FILE, SAME WITH THE BUILDING DEPARTMENT.

    CONSTRUCTION SHALL BE BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF A LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLAN DATED JUNE 22ND, 2023, LAST REVISED SEPTEMBER 8TH, 2023 AND STAMP RECEIVED JULY 17TH, 2024 SUBMITTED IN SUPPORT OF THIS APPLICATION.

    OR AS SUCH, PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN.

    PROVIDED SUCH MODIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN.

    THE VARIANCES BEING GRANTED ARE FOR THE IMPROVEMENT SHOWN ON THE PLANS SUBMITTED IN SUPPORT OF THIS APPLICATION.

    ONLY ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES WE HAVE APPROVED HEREIN.

    SECOND.

    ALL IN FAVOR? AYE.

    AYE.

    AYE.

    CHAIR VOTES.

    AYE.

    AND WITH RESPECT TO THE FINDINGS, THOSE WILL BE, UH, NOT READ TONIGHT.

    HOWEVER, THEY WILL BE QUICKLY PUT TOGETHER SO THAT EVERYONE WILL KNOW WHAT THEY ARE AND THEY WILL BE AVAILABLE FROM OUR SECRETARY AND ALSO FROM THE TRANSCRIPT OF TONIGHT.

    SO MOVING ON IN THE NEXT CASE IS CASE 24 24, WHITE PLAINS, TARRYTOWN ROAD, RAYMORE AND FLANIGAN FURNITURE 24 23.

    WHAT ABOUT 20 0 23.

    I'M GETTING REALLY TIRED NOW.

    UH, TERRY BUILDING, WHICH IS WHITE PLAINS VETERINARY HOSPITAL, WHEREAS THE GREENBERG ZBA HAS REVIEWED THE ABOVE REFERENCED APPLICATION WITH REGARD TO CA COMPLIANCE AND NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET CONSIDERATION.

    SECOND.

    ALL IN FAVOR? AYE.

    AYE.

    CHAIR VOTES.

    AYE.

    AND WHO HAS THE MOTION? I DO.

    I MOVE THAT THE APPLICATION IN CASE NUMBER 24 23 BE GRANTED PROVIDED THAT THE APPLICANT OBTAIN ALL NECESSARY APPROVALS AND FILE, SAME WITH THE BUILDING DEPARTMENT.

    CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLANS DATED APRIL 15TH, 2024 AND STAMP RECEIVED AUGUST 7TH, 2024 SUBMITTED IN SUPPORT OF THIS APPLICATION.

    OR AS SUCH, PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN.

    PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN.

    THE VARIANCE BEING GRANTED IS FOR THE IMPROVEMENTS SHOWN ON THE PLAN SUBMITTED IN SUPPORT OF THIS APPLICATION.

    ONLY.

    ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES WE HAVE APPROVED HEREIN.

    THANK YOU.

    SECOND.

    ALL IN FAVOR? AYE.

    AYE.

    CHAIR VOTES.

    AYE.

    NEXT CASE IS 24 24 WHITE PLAINS HOSPITAL ROAD, LLC RAYMORE AND FLANAGAN.

    AND WHEREAS

    [01:30:01]

    THE GREENBERG ZBA HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO CA COMPLIANCE AND NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER CA CONSIDERATION.

    SECOND.

    THANK YOU .

    AND WHO HAS THE MOTION? DO WE HAVE TO VOTE? WAIT, VOTE OR AYE.

    NO ONE.

    I SECONDED.

    SHE SECONDED.

    NO ONE VOTED.

    OH AYE AYE.

    AYE.

    THANK YOU.

    OKAY.

    UM, I MOVE THAT THE APPLICATION IN CASE NUMBER 24 24 BE GRANTED PROVIDED THAT THE APPLICANT OBTAIN ALL NECESSARY APPROVALS AND FILE, SAME WITH THE BUILDING DEPARTMENT.

    CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLANS STAMPED, RECEIVED AUGUST 14TH, 2024 AND SEPTEMBER 6TH, 2024 SUBMITTED IN SUPPORT OF THIS APPLICATION.

    OR AS SUCH, PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN.

    PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN.

    THE VARIANCE IS BEING GRANTED ARE FOR THE IMPROVEMENTS SHOWN ON THE PLAN SUBMITTED IN SUPPORT OF THIS APPLICATION.

    ONLY.

    ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES WE HAVE APPROVED HEREIN EXCEPT FOR THE FOLLOWING CONDITIONS, THAT THERE BE NO OVERNIGHT ILLUMINATION ON THE SIGNAGE, WHICH SHALL HAVE INTERNAL ILLUMINATION ONLY AND ONLY DURING BUSINESS HOURS.

    SECOND.

    A AYE AYE.

    AYE.

    AYE.

    , THE ONLY HESITATION I HAD WAS DO YOU WANNA GIVE THAT TO, I THOUGHT THAT THEY STATED IT TO BE SIMILAR TO WHAT STICKLER HAD, WHICH I THOUGHT WAS INTERNAL ILLUMINATION.

    I DON'T KNOW.

    I THOUGHT HE IT WAS INTERNAL.

    THERE WAS SOMETHING, YEAH.

    LED OR SOMETHING.

    THAT'S WHY.

    OH, THAT I DIDN'T KNOW.

    YEAH.

    SO SHOULD I INCLUDE THAT IN THE CONDITION? YES, IT BE, YES I WOULD.

    I WROTE INTERNAL DOWN INTERNAL LED MM-HMM.

    ELIMINATION.

    ELIMINATION.

    YES.

    HOW DO I DO THAT? WELL, ISN'T THAT INCLUDED IN THE PLANS THAT WERE SUBMITTED? YES.

    MM-HMM.

    ? YES.

    ALL.

    SO LEAVE IT AT THAT.

    OKAY.

    ALRIGHT.

    THANK YOU AGAIN.

    OKAY.

    ALL IN FAVOR? AYE.

    AYE.

    AYE.

    AND CHAIR VOTES.

    AYE.

    THANK YOU.

    AND THE LAST CASE WE HAVE CASE 24 25 GLENN PRIZER IS BEING ADJOURNED FOR ALL PURPOSES TO THE MEETING OF OCTOBER 10TH, 2024.

    AND WITH THAT WE HAVE RESOLVED WHAT WE COULD FOR THIS EVENING.

    I HOPE EVERYONE LOOKS FORWARD TO THE FALL AND UM, YOU GO AND GET SOME SLEEP.

    GET, I WAS GONNA SAY, AND WE HAVE NO MORE RAIN, OR FLOODING MIGHT ACTUALLY.