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MEETING.[ TOWN OF GREENBURGH ZONING BOARD OF APPEALS AGENDA THURSDAY, October 24, 2024 – 7:00 P.M. ]
THIS IS THE ZONING BOARD OF APPEALS.COULD YOU BEAR WITH ME FOR ONE MOMENT? WE HIT RECORD, THEN WE'LL GET STARTED.
THIS IS THE ZONING BOARD OF APPEALS.
CAN WE HAVE A CALL FOR THE BOARDS? WE BEGIN.
AND THAT CONCLUDES OUR ROLL CALL.
THE MEETING OF THE ZONING BOARD OF APPEALS FOR THE TOWN OF GREENBURG WILL NOW COME TO ORDER.
WE HAVE EIGHT CASES THAT ARE ON TONIGHT'S SCHEDULE.
PLEASE NOTE THAT THE ZONING BOARD WILL HAVE OUR NEXT REGULAR MEETING ON THURSDAY, NOVEMBER 14TH, 2024.
IF WE CANNOT COMPLETE HEARING ANY CASE TONIGHT, IT WILL BE ADJOURNED TO ANOTHER MEETING, HOPEFULLY TO BE COMPLETED AT THAT TIME.
ALSO, AS AS USUAL, TO SAVE TIME, WE WILL RE WAIVE A READING OF THE PROPERTY LOCATION AND THE RELIEF SOUGHT FOR EACH CASE.
HOWEVER, THE REPORTER WILL INSERT THIS INFORMATION IN THE RECORD.
THIS INFORMATION ALSO APPEARS IN THE AGENDA FOR TONIGHT'S MEETING.
AFTER THE PUBLIC HEARING OF TONIGHT'S CASES, THE BOARD WILL MEET IN THIS ROOM TO DISCUSS THE CASES WE HAVE HEARD TONIGHT.
EVERYONE HERE IS WELCOME TO LISTEN AT THAT TIME TO OUR DELIBERATIONS, BUT THE PUBLIC WILL NOT BE PERMITTED TO SPEAK OR PARTICIPATE AT THAT TIME.
AFTER OUR DELIBERATIONS, WE COME BACK INTO THIS ROOM OR WHEREVER WE ARE,
IF YOU ARE PRESENT AND GOING TO SPEAK TONIGHT, YOU MUST COME UP TO THE MICROPHONE AND PLEASE NOT UTTER ANYTHING JUST FROM BEING IN THE AUDIENCE BECAUSE IT DOESN'T GET ON THE RECORDING CLEARLY.
STATE YOUR NAME AND ADDRESS OR PROFESSIONAL AFFILIATION.
IF YOU'RE NOT A NAMED APPLICANT, PLEASE SPELL YOUR NAME FOR THE RECORD.
WE HAVE HEARD TESTIMONY ON SOME OF THESE CASES AT PRIOR MEETINGS.
ALL PRIOR TESTIMONY IS ALREADY IN THE RECORD, AND PLEASE SHOULD NOT BE REPEATED.
THE FIRST CASE TO BE HEARD TONIGHT IS CASE 24 0 7 CHICK-FIL-A WHILE YOU'RE SETTING UP, I JUST WANT TO COMMENT THAT WE KNOW THAT THERE'S BEEN A LOT THAT YOU'VE PUT IN THE RECORD, SO PLEASE TRY NOT TO REPEAT WHAT YOU'VE DONE AND LET'S GIVE US THE OPPORTUNITY TO LISTEN TO WHAT HAS CHANGED, BECAUSE WE STILL HAVE THE TRANSCRIPTS FROM ALL OF THE, UH, PRIOR MEETINGS.
YES, I WILL, UH, UH, KEEP THE BRIEF PRESENTATION SHORT AND AS TO WHAT THE NEW INFORMATION IS THAT WE HAVEN'T YET DISCUSSED.
UM, GOOD EVENING, MADAM CHAIR, MEMBERS OF THE BOARD.
MY NAME'S CHARLES GOTTLIEB, LAND USE COUNSEL FOR CHICK-FIL-A HERE THIS EVENING WITH OUR, UH, PROJECT ENGINEER TIM FRY.
TAG FROM BOWLER ENGINEERING, OUR PROJECT TRAFFIC ENGINEER PHIL GREELEY FROM COLLIER'S ENGINEERING AND DESIGN, AND JOHN MARTINEZ FROM CHICK-FIL-A UH, WE WANTED TO UPDATE THE ZONING BOARD OF APPEALS ON SOME RECENT ACTIONS THAT HAVE TAKEN PLACE OVER THE LAST COUPLE MONTHS.
MORE SPECIFICALLY LAST WEEK, WE NOW HAVE AN APPROVAL FROM THE CITY OF WHITE PLAINS FOR THE COMMERCIAL PARKING LOT, AND I'LL RUN THROUGH, UH, WHAT THAT CONDITION MEANT FOR THE PROJECT AND THE CONDITIONS OF THAT APPROVAL.
LAST WEEK, WE ALSO OBTAINED AN AMENDED NEGATIVE DECLARATION FROM THE TOWN OF GREENBURG PLANNING BOARD TO BE CONSISTENT WITH THAT WHITE PLAINS, UH, PLANNING BOARD APPROVAL.
WE HAVE OUTLINED MOST OF IT IN OUR OCTOBER 9TH SUBMISSION.
THERE ARE UPDATES BASED ON THE APPROVALS WE'VE RECENTLY RECEIVED THAT I'LL GO THROUGH THIS EVENING.
UM, WE'LL ALSO DISCUSS OUR UPDATED TRAFFIC MANAGEMENT PLAN, UH, WHICH WAS UPDATED BASED ON COMMENTS FROM YOUR BOARD AND ALSO, UH, RECENT DEVELOPMENTS AND SOME FINDINGS THAT WE LEARNED FROM THE OPENING OF OUR YONKERS FACILITY.
I BELIEVE THE PUBLIC HEARING IS STILL OPEN, UM, THIS EVENING.
UH, TONIGHT WE'D LIKE TO ANSWER ANY QUESTIONS.
WE WOULD ENCOURAGE THE BOARD TO CLOSE THE PUBLIC HEARING IF IT DEEMS FIT, UH, AND WORK TOWARDS A RESOLUTION.
THE CITY OF WHITE PLAINS APPROVAL WAS OBTAINED OCTOBER 16TH.
UH, TO REMIND THIS BOARD, THE CITY OF WHITE PLAINS PORTION OF THIS PROJECT SITE IS IN THE CITY'S B THREE ZONING DISTRICT.
IT WAS APPROVED AS A COMMERCIAL PARKING LOT FOR THE COMMER, UH, PARKING OF VEHICLES, WHICH ARE NOT FOR SALE
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LIKE AT A CAR DEALERSHIP.WE OBTAINED SITE PLAN APPROVAL AND SPECIAL USE PERMIT APPROVAL FROM THE CITY OF WHITE PLAINS.
UH, IF YOU RECALL, FAST FOOD RESTAURANTS ARE NOT PERMITTED IN THAT B THREE ZONING DISTRICT IN THE CITY OF WHITE PLAINS.
UM, HOWEVER, WE ORIGINALLY TOLD BY WHITE PLAINS STAFF THAT AS LONG AS WE HAVE ALL CHICK-FIL-A STRUCTURES AND OPERATIONS IN THE TOWN OF GREENBURG LOT, THEN IT COULD BE PERMITTED AS A COMMERCIAL PARKING LOT FOR, UM, THE PROPERTY OWNER THEN TO LEASE TO CHICK-FIL-A AS THEY SEE FIT.
DURING THE REVIEW WITH THE CITY OF WHITE PLAINS, UM, THEY HAD A LITTLE BIT OF A CHANGE OF HEART.
UM, SO WHAT THE CITY DECIDED TO DO WAS THAT COMMERCIAL PARKING LOT IS NOW PERMITTED TO ONLY HAVE EMPLOYEE TEAM MEMBER CHICK-FIL-A TEAM MEMBER PARKING ON IT.
THERE ARE STILL 30 PARKING SPACES THERE, WHICH ALL ALONG CHICK-FIL-A AS WE'VE REPRESENTED, INTENDED TO USE THAT PARKING LOT FOR TEAM MEMBERS ONLY.
THE WHITE PLAINS APPROVAL SAID NO GUEST VEHICLES CAN BE LOCATED ON THAT WHITE PLAINS PROPERTY, INCLUDING ANY, INCLUDING ANY EMERGENCY QUEUING.
UM, WE ALSO HAD TO CLOSE THE SOUTHERN MOST ACCESS POINT TO THAT COMMERCIAL LOT.
PREVIOUSLY, THERE WERE TWO ACCESS POINTS.
NOW THERE WILL ONLY BE ONE ACCESS POINT, WHICH IS FURTHEST AWAY FROM THE INTERSECTION OF TERRYTOWN ROAD.
THE IDEA BEHIND THAT IS TO FURTHER DISCOURAGE GUESTS FROM PARKING IN THERE AND, AND KEEP IT AS A TEAM MEMBER PARKING LOT, ONLY A, UH, CHICK-FIL-A MONUMENT SIGN WAS REMOVED FROM THAT SITE, AND THERE IS TO BE NO CHICK-FIL-A SIGNAGE OR COLORING ON THAT PROPERTY.
THERE WERE ALSO A HOST OF DEPARTMENT OF PUBLIC WORKS AND DOT CONDITIONS, WHICH WERE JUST POST-APPROVAL.
UH, PRIOR TO BUILDING PERMIT CONDITIONS THAT WE WILL MEET BASED ON THE WHITE PLAIN'S APPROVAL, WE HAD TO AMEND THE EXISTING NEGATIVE DECLARATION FOR THIS PROJECT WITH THE PLANNING BOARD WHO WAS THE LEAD AGENCY.
THE PRIOR NEGATIVE DECLARATION INDICATED THAT IN A VERY WORST CASE SCENARIO, IF WE HAD TO GET CARS OFF THE STREET IMMEDIATELY, MAYBE THEY COULD PULL INTO THE WHITE PLAINS LOT QUEUE THERE, STAY THERE UNTIL THE GREENBERG SIDE, UM, OPENS UP AND THEN THEY COULD GO BACK INTO THE GREENBERG SIDE TO OBTAIN THEIR FOOD.
THIS AGAIN, IS, WAS NOT EVER LIKELY TO OCCUR.
IT WAS KIND OF TOSSED IN BY THE PLANNING BOARD AT THE LAST MINUTE.
AS AN ADDITIONAL MITIGATION, THAT WHITE PLAINS PARKING LOT WAS ALWAYS DESIGNED FOR TEAM MEMBERS.
THERE'S APPROXIMATELY 2015 TO 20 EMPLOYEES, UM, WORKING THERE DURING BUSIER TIMES.
THERE MAY BE MORE WITH CHANGEOVERS.
THOSE 30 SPACES WILL LIKELY BE FILLED BY TEAM MEMBERS.
DATA SHOWED THAT COMPARABLE CHICK-FIL-A'S HAVE, UM, THE EQUIVALENT PARKING CAPACITY THAT IS ON THE WHITE PLAINS, OR EXCUSE ME, THE GREENBERG LOT.
SO HAVING TEAM MEMBERS SEPARATED FROM THE GREENBERG LOT AND HAVING THE GREENBERG LOT AVAILABLE FOR PARKING FOR GUESTS WAS MORE THAN ADEQUATE.
WE SOUGHT TO REMOVE THAT LANGUAGE FROM THE NEGATIVE DECLARATION THAT SAID EMERGENCY QUEUING COULD OCCUR IN WHITE PLAINS.
IN SUPPORT OF THAT AMENDED NEGATIVE DECLARATION AND WHICH IS IN OUR OCTOBER 9TH SUBMISSION, WE INCLUDED AN UPDATED TRAFFIC MANAGEMENT PLAN.
UH, WHAT'S REALLY IMPORTANT HERE TO NOTE IS, AND THIS GO AROUND WITH THE TRAFFIC MANAGEMENT PLAN, UH, TOWN STAFF, UH, COORDINATED A MEETING WITH TOWN STAFF AND THE TOWN OF GREENBURG POLICE DEPARTMENT, WHICH WAS VERY HELPFUL.
THEY HAD COMMENTS ON THE TRAFFIC MANAGEMENT PLAN.
THOSE COMMENTS WERE INCLUDED AND SUBMITTED TO THIS BOARD.
UH, BRIEFLY, THE TRAFFIC MANAGEMENT PLAN HAS BEEN UPDATED TO ALLOW FOR CERTAIN TRIGGERS.
UM, AND THIS WAS A GREAT SUGGESTION BY THIS BOARD, MEANING AT WHAT POINT WHEN THE DRIVE THROUGH GETS TOO LARGE, DO WE START TO CONE THINGS OFF? DO WE GET MORE TEAM MEMBERS INVOLVED? SO THERE'S VARIOUS TRIGGERS, UH, THAT MR. GREELEY WILL GO THROUGH, UM, AS TO WHEN IT IS IMPLEMENTED AND HOW IT IS IMPLEMENTED.
AND THOSE WILL ALL BE CONDITIONS OF THE APPROVAL.
WE'RE ALSO GOING TO BE ENCOURAGING PEOPLE TO PARK ONCE WE HIT ABOUT THE 40 CAR MARK, IT'LL BE FASTER TO GET YOUR FOOD IF YOU PARK AND USE YOUR MOBILE APP TO ORDER.
UM, THAT WILL SHOULD REDUCE, UH, THE QUEUE LENGTH.
IN ADDITION, WE WILL HAVE A MEETING WITH THE TOWN OF GREENBURG POLICE DEPARTMENT AND TOWN STAFF 30 DAYS BEFORE OPENING TO COORDINATE THE GRAND OPENING.
THIS WILL INCLUDE HIRING OF OFF-DUTY POLICE OFFICERS AT CHICK-FIL-A WILL PAY FOR COORDINATING WHERE THERE WILL BE, WHERE THEY WILL BE STATIONED.
SO ALL THE KINKS CAN GET WORKED OUT WELL AHEAD OF THE GRAND OPENING.
UH, ANOTHER ASPECT THAT HAPPENED, UH, RECENTLY WAS WE WERE ABLE TO OBSERVE THE YONKERS FACILITY.
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PREVIOUSLY, WE PROVIDED DATA ON Q LENGTHS AND PARKING AND SO FORTH, BUT NOT DURING THE GRAND OPENING PERIODS.YONKERS GAVE US THE OPPORTUNITY TO MONITOR THEIR GRAND OPENING PERIOD TO SEE HOW MANY CARS THERE WERE, UM, WHAT WENT RIGHT, WHAT WENT WRONG.
WE PROVIDED THE DATA FROM THE YONKERS FACILITY.
IN OUR RECENT SUBMISSION TO THIS BOARD.
IT'S IMPORTANT TO REALIZE THAT YONKERS IS A DRIVE THROUGH AND TAKEOUT RESTAURANT ONLY.
SO IT IS MORE DEPENDENT ON THEIR DRIVE THROUGH THAN THIS LOCATION WOULD BE.
YOU CAN'T GO IN AND SIT DOWN AND ENJOY YOUR MEAL.
AT THE GRAND OPENING PEAK PERIOD.
IN YONKERS, THEY OBSERVED 42 TO 52 CARS AS OUR REVISED TRAFFIC MANAGEMENT PLAN INDICATES AT STAGE B, WHICH IS NOT HIGHEST CAPACITY WE CAN HOLD IN GREENBURG, WE HAVE THE ABILITY TO STACK 55 CARS.
SO EVEN AT NOT OUR WORST CASE SCENARIO, WE HAVE THE ABILITY TO STACK THE APPROPRIATE AMOUNT OF CARS THAT WE SAW IN YONKERS DURING THEIR GRAND OPENING PERIOD.
UM, PRIOR TO THE AMENDED NEGATIVE DECLARATION BEING GRANTED BY THE PLANNING BOARD, THE TOWN'S CONSULTING TRAFFIC ENGINEER WHO ALSO COORDINATED WITH US WITH THE TOWN AND THE POLICE DEPARTMENT, UH, ISSUED A MEMO COMMENTING ON THE REVISED TRAFFIC MANAGEMENT PLAN, THE MEETING WE HAD WITH THE POLICE DEPARTMENT AND SO FORTH.
I JUST WANT TO READ BRIEFLY, UH, HIS FINDINGS.
HE'S, UH, MR. CANNING FROM KIMLEY HORN STATED IN SUMMARY, BASED ON THE OBSERVATIONS AT THE YONKERS FACILITY, THERE SHOULD NOT BE A NEED TO ACCOMMODATE CUSTOMERS IN THE EMPLOYEE PARKING LOT.
AND THE DATA INDICATES THAT THE GO PLAN, WHICH IS THE GRAND OPENING PLAN, HAS MORE THAN ADEQUATE CAPACITY TO ACCOMMODATE GRAND OPENING AND SUBSEQUENT DRIVE-THROUGH AND PARKING VOLUMES.
BASED ON WHAT WE SUBMITTED TO THE PLANNING BOARD, THE TOWN'S TRAFFIC CONSULTANTS, UH, REVIEW, THE AMENDED NE NEGATIVE DECLARATION WAS APPROVED, INDICATING IN THAT DOCUMENT WHAT WE SAW IN YONKERS AND WHAT THE SITE CAN HANDLE, UM, THAT WE'VE PROPOSED HERE.
THERE WAS, UH, GOING BACK TO FIGURE OUT WHERE WE LEFT OFF WITH THIS BOARD, WE DID SUBMIT A SUBMISSION ON AUGUST 30TH, AND I DON'T THINK WE PRESENTED THAT SUBMISSION TO THIS BOARD.
IT WAS SHORTER THAN MOST OF OUR SUBMISSIONS, BUT I JUST WANTED TO HIGHLIGHT A FEW THINGS.
THERE WAS A ZBA COMMENT THAT STATED, HOW ARE WE GONNA MAKE SURE WHAT HAPPENED IN YONKERS DOESN'T HAPPEN IN GREENBERG? AND SO I'M GONNA HAVE MR. GREELEY ADDRESS THAT AND WE'LL GO THROUGH WHAT HAPPENED IN YONKERS, WHY OUR PLAN, WHY OUR SITE IS DIFFERENT.
THERE WAS ANOTHER ZBA QUESTION, UM, AND I THOUGHT THIS WAS A GOOD QUESTION.
HOW WILL TRAFFIC, HOW WILL THE TRAFFIC MANAGEMENT PLAN BE ENFORCED ON THE PROJECT OPERATOR? AND THAT LED US TO CHANGE THE TRAFFIC MANAGEMENT PLAN TO INCLUDE THOSE TRIGGERS.
IF THIS HAPPENS, WE DEPLOY THIS TEAM MEMBER IN THIS LOCATION AND CONE OFF THIS AREA.
IF THE QUEUE GETS TO THIS LOCATION, WE TAKE THESE STEPS.
THAT TRAFFIC MANAGEMENT PLAN IS NOW A CONDITION OF THE NEGATIVE DECLARATION.
IT'LL LIKELY BE A CONDITION OF ANY RESOLUTION THIS BOARD ADOPTS AND WILL CERTAINLY BE A CONDITION OF THE PLANNING BOARD.
SO BY ITS NATURE, NOW THAT IT WILL BE A CONDITION, THOSE TRIGGERS IN THAT TRAFFIC MANAGEMENT PLAN ARE ENFORCEABLE BY THE TOWN.
SO WITH THAT SAID, I'LL HAND IT OVER TO MR. GREELEY TO TALK ABOUT THE REVISED TRAFFIC MANAGEMENT PLAN AS WELL AS, UH, THE OBSERVATIONS AT THE YONKERS FACILITY.
PHILIP GREELEY WITH COLLIERS ENGINEERING AND DESIGN.
UH, WE HAD, UH, PREVIOUSLY PREPARED A DRAFT TRAFFIC MANAGEMENT PLAN, UH, WHICH AS MS. GOTTLIEB HAS INDICATED, UH, HAS BEEN FINE TUNED BASED ON INPUT FROM THE POLICE DEPARTMENT AND FROM THE TOWN'S TRAFFIC CONSULTANT.
UH, AS PART OF THAT PLAN, WE'VE D UH, FINE TUNED, UH, LOCATIONS WHERE DURING THE GRAND OPENING, UH, THE POLICE, UH, OFF-DUTY POLICE WOULD BE POSTED.
UH, BECAUSE THE TEAM MEMBERS CONTROL TRAFFIC ON THE SITE, THEY CAN'T, UH, CONTROL, UH, OFF THE SITE.
UH, IN TERMS OF THAT PLAN, AND I'LL, I'LL RUN THROUGH IT.
UH, WE ALSO INCORPORATED WHAT WE LEARNED FROM YONKERS.
SO YONKERS GRAND OPENING OCCURRED IN LATE JULY.
UH, DURING THAT TIME, THERE WAS A GRAND OPENING, A GRAND OPENING PLAN, OR A QUEUING PLAN THAT WAS DEVELOPED, UH, IN ADVANCE OF THAT OPENING.
UH, AT THE TIME OF THE OPENING, THE YONKERS POLICE DEPARTMENT
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MADE MODIFICATIONS TO THAT PLAN.THEY DETERMINED THAT, UH, IN ORDER TO PROVIDE THE BEST, UH, CONDITIONS FOR THAT SITE, THAT THEY WOULD CLOSE THE ROXBURY DRIVE, UH, ENTRANCE TO THE PROJECT AND REQUIRE VEHICLES TO QUEUE ALONG THE SHOULDER LANE OF CENTRAL AVENUE.
UH, DURING THAT TIME PERIOD, UH, OF THE GRAND OPENING, UH, WE HAD MADE OBSERVATIONS OF WHAT WAS OCCURRING, AND, UH, I THINK SOME OF THE BOARD MEMBERS ALSO OBSERVED IT.
UH, TRAFFIC WAS QUEUED ALONG THAT SHOULDER LANE.
UH, AT THE PEAK THERE WERE OVER 18 VEHICLES, OR UP TO 18 VEHICLES BETWEEN 14 TO 18 VEHICLES ALONG THE SHOULDER WAITING TO GO INTO THE CHICK-FIL-A FACILITY.
AND IT ACTUALLY, UH, EXTENDED PAST THE ADJACENT DRIVEWAY, UH, FOR, UH, SOME TIME.
UH, THE POLICE DEPARTMENT, UH, UH, AS THAT GRAND OPENING CONTINUED, UH, AT CERTAIN TIMES STILL REQUIRED THE ROXBURY DRIVE, UH, ENTRANCE TO BE CLOSED OFF, AND THEY WERE ABLE TO THEN USE, UH, THE ONSITE TO ACCOMMODATE THE STACKING.
UH, WE SAW THAT WITHIN ABOUT THE FIRST, AFTER THE FIRST WEEK, UH, THAT THE QUEUE SUBSIDED, WE MADE FOUR OR FIVE ADDITIONAL, UH, DAYS OF OBSERVATIONS, BOTH MIDDAY, THE MIDDAY PEAK AND THE EVENING PEAK.
AND WE FOUND THAT THERE WERE NO LONGER ANY BACKUPS ONTO CENTRAL PARK AVENUE, THAT ALL OF THE CUES AND ALL OF THE PARKING WERE BEING, UH, UH, MAINTAINED ON THE PROPERTY.
AND WE'VE PROVIDED THAT DATA, UH, TO THE BOARD, THE DATES AND THE TIMES AND, UH, PHOTOGRAPHS OF, OF WHAT WAS OCCURRING.
SO, AND, AND ALSO DURING THAT TIME PERIOD, UM, IT TURNED OUT THAT THE, UH, FACILITY, THE CHICK-FIL-A RESTAURANT IN THE MIDWAY SHOPPING CENTER ALSO OPENED.
SO BY, YOU KNOW, MID AUGUST THAT WAS OPENED.
AND I THINK THAT FURTHER REDUCED THE, THE, THE BAND AT THE YONKERS FACILITY, UM, DURING THAT INITIAL PERIOD, YOU KNOW, QUEUING WAS, UH, AS I SAID, UH, UH, OUT ONTO CENTRAL AVENUE, BUT IT WAS AS DIRECTED BY THE POLICE DEPARTMENT.
AND OVERALL, ONCE THEY HAD THAT UNDER CONTROL, THAT IT WORKED, UH, FAIRLY WELL.
UM, AS THEY INDICATED THE SUBSEQUENT REVIEWS AND, UH, OBSERVATIONS, ALL TRAFFIC WAS MAINTAINED ON THE PROPERTY, UH, BOTH IN THE PARKING SPACES AND QUEUE ON THE SITE.
THE DIAGRAM THAT'S UP ON THE SCREEN WAS THE INITIAL DIAGRAM THAT WAS PREPARED TO, FOR THE TRAFFIC MANAGEMENT PLAN.
ON THE LEFT HAND SIDE IS THE ROXBURY DRIVE ENTRANCE THAT THE POLICE DEPARTMENT DECIDED TO CLOSE.
AND IN THAT FIRST COUPLE OF DAYS WHERE THEY HAD VEHICLES, UH, ALL VEHICLES ENTERING ONLY OFF OF CENTRAL PARK AVENUE AND QUEUING ALONG THERE.
SO THAT'S, UH, A SYNOPSIS OF WHAT WE FOUND AT YONKERS.
UH, IN TERMS OF OUR SITE, UM, WE HAD ORIGINALLY DEVELOPED A, UH, TRAFFIC MANAGEMENT PLAN IN WORKING WITH THE, UH, PLANNING BOARD, THE TOWNS CONSULTANT AND YOUR BOARD.
UH, THIS, UH, FIRST THERE'S A SERIES OF PLANS, AND THE GRAND OPENING PLAN IS A MANUAL THAT IS KEPT ON SITE, UH, DURING THE GRAND OPENING PHASE.
UH, CHICK-FIL-A BRINGS, UH, TRAINED, UH, INDIVIDUALS IN FROM OUT OF TOWN TO HELP TRAIN THE TEAM MEMBERS HOW TO IMPLEMENT IT.
UH, THE PLAN THAT YOU SEE ON THE SCREEN HERE, UH, UNDER NORMAL CONDITIONS, WE HAVE STACKING FOR 33 VEHICLES.
UH, AND THE POINT THAT'S MARKED, UH, A IS THE FIRST TRIGGER POINT.
SO IF VEHICLES START TO EXTEND PAST THAT POINT, AND, UH, MAY I'LL ALSO POINT OUT THAT THE PARKING AISLE ALONG OLD KENCO ROAD, UH, THE WESTERLY AISLE DURING THE GRAND OPENING, THAT IS GOING TO BE CONNED OFF.
AND AGAIN, THIS IS IN WORKING WITH THE POLICE DEPARTMENT, WE, WE FINE TUNE THIS.
SO THOSE PARKING SPACES ON THE GRAND OPENING ON THE, UH, SCO, UH, OLD SCO ROADSIDE WILL NOT BE USED FOR PARKING.
THEY WILL BE CONNED OFF AND WILL BE USED
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AND AVAILABLE FOR STACKING.THE INNER PART OF THAT DRIVE AISLE WILL ALWAYS BE AVAILABLE FOR PARKING, AND THERE IS ADEQUATE WIDTH, UH, FOR VEHICLES TO BACK FROM THAT AREA.
UH, THE PLACEMENT OF THE CONES WILL ACTUALLY BE PRE-MARKED ON THE PAVEMENT, UH, WHERE THE CONES NEED TO BE PLACED.
SO THAT IS PART OF THE, THE SITE PLAN.
UH, SO THAT TEAM MEMBERS, AND AGAIN, THE THEIR TEAM MEMBERS THAT ARE TAKING ORDERS ON THEIR IPADS, UM, THAT ARE CONSTANTLY WORKING THERE, THE ADDITIONAL TEAM MEMBERS WILL BE POSTED TO GUIDE THE VEHICLES TOWARDS THE DRIVE-THROUGH, AND ALSO MAKE SURE THE CONE PLACEMENT IS PROPER.
AND ONCE TRAFFIC, UH, STARTS THE QUEUE, AND AS MR. GOTTLIEB INDICATED, IT TURNS OUT THAT THE SWEET SPOT, ONCE YOU GET TO ABOUT 40 VEHICLES AND CHICK-FIL-A HAS ENCOURAGED PATRONS NOW THAT IT'S FASTER TO PARK, USE YOUR MOBILE APP AND GO IN AND PICK UP YOUR ORDER RATHER THAN WAIT ONLINE.
BUT WITH THAT, THERE'S ALWAYS PEOPLE THAT WILL WAIT RATHER THAN GET OUT OF THEIR CAR.
SO ON THIS PLAN, WHEN WE GET TO THE, UH, AREA OF B AND AGAIN, THAT, THAT SHOWN ON THAT PLAN, WE HAVE STACKING FOR ABOUT 41 VEHICLES.
WHEN THEY WOULD REACH POINT B AT THAT POINT, UH, WE WOULD THEN, UH, THE NEXT EXHIBIT WILL SHOW WE CAN GET UP TO 55 VEHICLES STACKED.
WE WOULD GO FROM A TWO LANE QUEUE TO A THREE LANE QUEUE FOR THAT PORTION OF THE AREA, AND THEN THE TEAM MEMBERS WOULD GUIDE THE, UH, INDIVIDUALS INTO THEIR, UH, APPROPRIATE PLACE.
NOW, IN OBSERVING WHAT HAPPENS, YOU KNOW, DURING THIS TEAM, MEMBERS START TAKING THE ORDERS.
SO AS THEY WORK THEIR WAY THROUGH, THERE ARE EVEN PEOPLE THAT WOULD BE ON THAT EXTENDED LINE THAT WOULD HAVE THEIR ORDERS TAKEN.
SO THAT PLAN HAS, UH, STACKING FOR 55 VEHICLES, THAT 55 VEHICLES.
THE MAX THAT WE SAW AT, UH, YONKERS WAS 52 VEHICLES, INCLUDING 18 THAT WERE ON THE ROADWAY.
AND THOSE THAT WERE STACKED ON SITE AT THAT POINT, ONCE VEHICLES, IF THEY EVER REACHED THAT POINT, UH, THEN THE OLD KENSICO ROAD DRIVEWAY WOULD BE CLOSED OFF.
AND THE NEXT DIAGRAM YOU'LL SEE, UH, SHOWS THE CONE PLACEMENT OF CLOSING THAT DRIVEWAY.
AND, UM, WHILE IT'S NOT SHOWN ON THIS PLAN, BASED ON THE INPUT FROM THE POLICE DEPARTMENT, THERE WOULD BE A POLICE OFFICER AT THAT LOCATION.
AND THERE WOULD ALSO BE A POLICE, UH, OFFICER AT THE COUNTY CENTER, UH, DRIVEWAY LOCATION, UH, TO ENFORCE THE, TO DIRECT ANY TRAFFIC ARRIVING THAT THE OLD KENSICO ROAD DRIVEWAY IS CLOSED, AND TO DIRECT THEM UP AROUND THE TRAFFIC CIRCLE AND TO USE THE COUNTY CENTER ROAD DRIVEWAY.
NOW AGAIN, THIS IS, UH, UH, ONCE WE GET TO 55 IS WHERE WE END UP WITH THIS CLOSURE.
AND WHAT YOU SEE IN THE PURPLE COLOR IS THE ADDITIONAL STACKING THAT WE WOULD HAVE ONTO THAT PLAN.
AND WE HAVE OVER 60 VEHICLES STACKING ONTO THAT PLAN.
UH, THE POLICE DEPARTMENT HAS INDICATED THAT ONCE THEY SEE THAT, THEY MAY JUST ENCOURAGE PEOPLE TO MOVE ON OR JUST, UH, YOU KNOW, CONTINUE TO ENCOURAGE PEOPLE TO PARK, BECAUSE ONCE YOU'RE IN THAT, UH, LENGTH OF QUEUE, THE TIME IS EASIER TO GO IN AND GET YOUR, YOUR PICKUP.
UH, WE ALSO PROVIDED A PLAN TO SHOW HOW WE COULD STACK UP TO 67 VEHICLES ON THE SITE WITHOUT BLOCKING CIRCULATION, UH, WHICH IS THE NEXT PLAN THAT YOU'LL SEE.
AND THEN WE, WE PICK UP ANOTHER THREE OR FOUR VEHICLES STACKED IN, IN AN AREA, UH, FOR THOSE TO BE, UH, CONTROLLED.
THE WAY THAT THE MANAGEMENT PLAN IS SET UP, UH, THE POLICE WOULD CONTROL THE CONDITION, UH, THE TEAM MEMBERS WOULD CONTROL ONSITE, AND IT'S, UH, HAS THE ABILITY TO BE, UH, REACTIVE TO THE SITUATION THAT'S SEEN AT THIS PROPERTY.
NOW, AGAIN, BASED ON WHAT WE SAW AT YONKERS, WE DON'T SEE THE NEED FOR THE 67 VEHICLES.
UH, HOWEVER WE DO HAVE THAT WHERE PEOPLE COULD STACK, PEOPLE CAN STILL ACCESS THEIR PARKING SPACES, UH, AND MOVE, UH, IN THE ONE-WAY CIRCULATION PATTERN ON THE SITE.
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UH, ON THIS DRAWING, AS MR. GOTTLIEB HAD INDICATED IN THE WHITE PLAINS LOT, YOU'LL, YOU SEE THAT THE, UH, DRIVEWAY, THE SOUTHEASTERLY DRIVEWAY, UH, IS BEING CLOSED OFF, AND THAT'S MORE FOR, UH, YOU KNOW, CONTROL OF THAT LOT AND NOT HAVING ANY ADDITIONAL MOVEMENTS IN THAT AREA.SO THAT WAS A CONDITION, UH, THAT THE WHITE PLAINS PLANNING BOARD, UH, HAD MADE IN THEIR REVIEW.
UH, WE ARE AT A POINT NOW WHERE WE WERE WELL ALONG WITH THE NEW YORK STATE DOT PERMIT PROCESS.
IF YOU RECALL, AS PART OF THIS APPLICATION, WE ARE MAKING SIGNIFICANT OFFSITE IMPROVEMENTS.
WE ACTUALLY HAVE TO REPLACE THE TRAFFIC SIGNAL.
NOW, UH, WHEN WE STARTED THIS, WE WERE UPGRADING IT, UH, UPGRADING THE ADAPTIVE SYSTEM AND THE, UH, VIDEO DETECTION.
UH, BUT BECAUSE OF THE AGE OF THE POLLS AND WHAT HAD TRANSPIRED AT THE SIGNAL AT COUNTY CENTER, UH, DOT HAS REQUIRED THAT WE ACTUALLY REPLACE THE WHOLE SYSTEM.
UH, WE HAVE ALSO BEEN CO UH, COORDINATING WITH THE, UH, CITY OF WHITE PLAINS TRAFFIC DEPARTMENT BECAUSE THE SIGNAL AT ALL KENCO ROAD, TARRYTOWN ROAD AND AQUEDUCT IS PART OF THE CITY SYSTEM.
SO WE'VE COORDINATED THAT WITH THE EQUIPMENT THAT THEY NEED SO THAT THE ADAPTIVE SYSTEM WILL FUNCTION PROPERLY.
UH, SO KIND OF LONG-WINDED, BUT THAT'S, UH, WHERE WE ARE.
WE FINE TUNED EVERYTHING HERE BASED ON INPUT FROM YOUR TOWNS CONSULTANT AND FROM THE POLICE DEPARTMENT.
AND THE, UH, LAST ITEM IS, IN ADDITION TO MEETING BEFORE THE GRAND OPENING, UH, THIS GRAND OPENING PLAN WILL BE USED AT ANY SPECIAL CONDITIONS THAT OCCUR.
IF THERE'S GRADUATION AT COUNTY CENTER OR THE NSA, THE WESTCHESTER NSA PLAN, WE WILL HAVE THAT SCHEDULE AND WE'LL BE ABLE TO COORDINATE THAT AND IN ADVANCE OF, OF ANY CONDITIONS.
UM, WE ARE ALSO RESPONSIBLE AS PART OF THE, UH, UH, SITE PLAN APPROVAL CONDITIONS WITH THE PLANNING BOARD, UH, MONITORING.
WE WILL BE MONITORING THIS AND WE HAVE TO PROVIDE REPORTS TO THE TOWN TO DEMONSTRATE HOW IT'S FUNCTIONING AND IF ANY OF THE MODIFICATIONS ARE NEEDED.
THAT INCLUDES MONITORING THE MOVEMENTS AT THE OLD KENCO ROAD, UH, DRIVEWAY.
SO I WOULD BE HAPPY TO ANSWER ANY QUESTIONS, BUT THAT'S WHERE WE ARE.
NOW, THE THOUGHT THAT I HAD WHEN WE STARTED STACKING UP CARS IS ARE WE ABLE, BASED UPON THE, UH, SETUP OF THE KITCHEN AND STAFF TO HANDLE UP TO HOW MANY, YOU KNOW, HOW MANY ORDERS PATRONS YOU CAN SERVE? YEAH.
ORDERS YOU CAN SERVE WITHIN A CERTAIN AMOUNT OF TIME.
SO BASED ON WHAT WE'VE SEEN AT OTHER STORES, AND EVEN IN YONKERS, UH, THE PROCESSING OF THE MEALS IS, UH, PRETTY EFFICIENT.
UH, SO IN TERMS OF THAT 55 NUMBER, THAT'S KIND OF THE, THE RANGE WHERE WE, WE WOULD CUT OFF, BUT WE'RE SHOWING THAT WE COULD STACK EVEN MORE VEHICLES IF THE DEMAND WAS THERE.
UH, BUT AT THE END OF THE DAY, UH, ESPECIALLY DURING GRAND OPENING, THE POLICE ARE GONNA MAKE THE DECISION AS TO WHETHER ANY ADDITIONAL VEHICLES CAN COME ON THE SITE.
DID, DID, DID YOU WANNA ANSWER THAT QUESTION AS WELL BEFORE I ASK MIKE? YEAH, GOOD EVENING, TIM.
WITH TIM FRY TAG WITH BOWLER ENGINEERING, JUST TO BUILD OFF OF THAT, THE KITCHEN CAN OUTPERFORM THE DRIVE THROUGH CAPACITY AND THE DINING CAPACITY.
THERE'S ALSO OTHER CHANNELS LIKE, UM, MOBILE ORDER, GRUBHUB ORDER EATS AHEAD AND CATERING THAT ALL COME OUT OF THIS KITCHEN, BUT THE OPERATOR HAS THE OPPORTUNITY TO TURN THOSE CHANNELS OFF DURING CERTAIN TIMEFRAMES AS NEEDED.
SO THAT IS IN THE OPERATOR'S CONTROL.
IF THERE IS A COUNTY EVENT WHERE, UH, THE DRIVE THROUGH DEMAND IS HIGH, THEY COULD TURN OFF THE CATERING SERVICE TO FOCUS MORE ON THE KITCHEN CAPACITY FOR THE DRIVE THROUGH.
FIRST OF ALL, THANK YOU FOR PROVIDING THE, UH, NEW DATA AND STUFF AND THE NEW MANAGEMENT PLANS.
UM, YOU'VE SAID THAT THE NEW MANAGEMENT PLAN WILL BE A CONDITION OF ALL THE BOARDS AND EVERYTHING ELSE.
WILL IT BE A CONDITION OF THE FRANCHISE? YES, IT'LL BE IN THE FRANCHISE CONTRACT.
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ANSWER THAT, BUT THE DISCUSSIONS HAVE BEEN CHICK-FIL-A IS ULTIMATELY RESPONSIBLE FOR THIS OPERATION.THAT'S JUST ONE OF ONE OF MY QUESTIONS.
SO, UH, THERE WILL BE AN OPERATOR, UM, AN OPERATOR HAS NOT YET BEEN SELECTED FOR THIS SITE.
'CAUSE WE'RE STILL GOING THROUGH THE PERMITTING PROCESS.
ONCE THEY ARE, MAKE SURE THEY INTRODUCE THEMSELVES TO THE TEAM, COMMUNICATIONS WILL BE OPEN, OR THE TOWN COMMUNICATIONS WILL BE OPEN WITH THE TOWN.
UM, AND LAND USE CONDITIONS DON'T RUN WITH WHO THE APPLICANT IS.
SO THOSE CONDITIONS AND THE TRAFFIC MANAGEMENT PLAN WILL BE A CONDITION RUNS WITH THE USE OF THE LAND, NOT WHO THE OPERATOR IS, NOT WHO THE USE IS.
I, I UNDERSTAND FROM MY POINT OF VIEW, I AM ASKING FROM YOUR POINT OF VIEW, 'CAUSE I'M TRYING TO, ONE OF THE THINGS WE TALKED ABOUT IN THE PAST WAS WHO IS THE RESPONSIBLE PERSON? AND SO WHAT I'M TRYING TO SAY IS, WHILE THE OPERATOR IS CERTAINLY RESPONSIBLE TO THE LOCAL AUTHORITIES, ARE THEY ALSO, IS IT CONTRACTUALLY PART OF THEIR OBLIGATION WITH CHICK-FIL-A UH, SO 'CAUSE CHICK-FIL-A IS THE ONE WHO'S APPLYING FOR THIS PERMIT.
AND SO WE'RE GETTING INTO THE NITTY GRITTY OF THE MM-HMM.
BUT IF THERE'S A PROBLEM AND THE OPERATOR DOES NOT LIVE UP TO THAT, IS CHICK-FIL-A THE ULTIMATE PERSON GROUP RESPONSIBLE FOR FAILING TO MEET THE REQUIREMENTS OF THE TRAFFIC MANAGEMENT PLAN.
JOHN, I DON'T KNOW IF YOU WANT TO ADDRESS THAT, BUT OKAY.
SO JOHN MARTINEZ, BUT WHAT I'M, WHAT I'M TRYING TO CONVEY IS I GET WHAT YOU'RE TRYING TO CONVEY.
UH, AGAIN, JOHN MARTINEZ, UH, WITH, UH, CHICK-FIL-A, UH, ULTIMATELY, YEAH, CHICK-FIL-A WILL BE RESPONSIBLE AND WILL RE UH, WILL LEAN ON OUR OPERATOR TO DO THAT.
NO DIFFERENT THAN THE MAINTAIN THEIR GRASP OR RE UH, COMPLYING WITH HEALTH DEPARTMENT REQUIREMENTS.
THEY ARE OBLIGATED TO MEET ALL THE GOVERNMENTAL REQUIREMENTS THAT ARE IMPOSED ON THE PROPERTY.
AND IF THEY DON'T DO IT CONTINUOUSLY, UH, CHICK-FIL-A WILL STEP IN AND DO THAT WORK AND, AND TAKE APPROPRIATE ACTION.
THEN MY, I HAVE SOME OTHER QUESTIONS.
UM, I, I WAS ONE OF THE PEOPLE WHO SAID, YEAH, YONKERS IS BACKING UP ONTO CENTRAL UP, BUT IN, IN MANY RESPECTS, YONKERS IS NOT EXACTLY A GOOD MODEL FOR THIS BECAUSE RAW YONKERS IS EBB AND FLOW MORE WITH MEAL TIME OR DAY OF THE WEEK.
THIS FACILITY IS WITHIN TWO BLOCKS OF AN OPERATION THAT THOUSANDS OF PEOPLE LEAVE AT THE EXACT SAME TIME, WHICH IS A VERY DIFFERENT SITUATION I THINK WE CAN ALL AGREE TO.
UM, AND WHAT I WOULD LIKE TO APPLAUD IS PLAN C BECAUSE PLAN C, WHICH I THINK SHOULD BE THE PLAN, IT HAS BASICALLY SAID THAT'S COMPARABLE, SAYING THE PRIMARY ENTRANCE TO THIS FACILITY IS ON COUNTY CENTER ROAD.
AND MY QUESTION IS, WHEN, WHEN YOU HAD A PROBLEM AT YONKERS, THE FIRST THING YOU DID WAS CLOSE THE RESIDENTIAL STREET, OR THE POLICE DID, POLICE DID.
IN THIS SITUATION, YOU HAVE TWO ENTRANCES, ONE ON A RESIDENTIAL STREET AND ONE ON A BUSY COMMERCIAL STREET.
I WOULD THINK THAT THE ME THE MESSAGE FROM YONKERS IS AN ENTRANCE ON A, ON A RESIDENTIAL STREET IS NOT APPROPRIATE.
SO IT'S CERTAINLY NOT AS YOUR MAIN ENTRANCE.
SO IN TERMS OF AFTER THE GRAND OPENING PERIOD, I'M NOT YEAH, TALKING GRAND OPENING.
AFTER, AFTER GRAND OPENING, UH, THE, THE ROXBURY DRIVE, WHICH IS THE, THE OTHER LOCAL RESIDENTIAL STREET HAS BEEN KEPT OPEN.
SO BOTH DRIVEWAYS ARE OPERATED.
I, DURING THE GRAND OPENING PLAN, AND AGAIN, THIS IS WHY WE'VE HAD AND WE'RE HAVING, THE WAY IT'S SET UP IS EVEN 30 DAYS PRIOR TO THE GRAND OPENING.
IF THERE'S FINE TUNING, IF THE POLICE DEPARTMENT SAYS, YOU KNOW WHAT? WE WOULD PREFER TO CLOSE OFF THAT DRIVEWAY TO START WITH AND HAVE EVERYBODY COME IN COUNTY CENTER ROAD.
THAT'S, AS YOU SAID, PLAN C, THE REASON WE HAVE ALL THE DIFFERENT PLANS, THEY MAY MAKE THAT DETERMINATION.
I AM SAYING I THINK PLAN C SHOULD BE THE PLAN FROM DAY ONE THROUGH THE END OF THE TIME THAT THIS PROJECT EVER EXISTS.
AND I HOPE FOR YOUR SAKE, IT'S FOR YEARS THE MAIN ENTRANCE TO THIS LOCATION, AND MY WHOLE PROBLEM WITH THE PROJECT, AND I THINK MANY OF THE CITIZENS WHO'VE SPOKEN, IS THAT THE MAIN ENTRANCE IS NOT ON THE COMMERCIAL STREET.
AND I STILL DON'T UNDERSTAND WHY IT'S NOT.
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SO CHARLES GOTLEY, UM, THE ATTORNEY, WHAT I WILL SAY IS I DON'T WANNA LOSE FOCUS OF THE REASON WHY WE ARE BEFORE THE ZONING BOARD OF APPEALS, WHICH IS AREA VARIANCES.WE ARE NOT ASKING FOR ANY OF AREA VARIANCES RELATED TO THE ACCESS POINT OF THIS PROJECT.
THAT'S A PLANNING BOARD FUNCTION.
THE PLANNING BOARD HAS COMPLETED THAT FUNCTION AFTER REVIEW FROM THE TOWN'S CONSULTING TRAFFIC ENGINEER WHO HAS REVIEWED THESE PLANS, HAS REVIEWED THE ACCESS POINTS AND HAS ADOPTED THE AMENDED NEGATIVE DECLARATION, WHICH I WILL JUST SAY FOR THE RECORD, IS BINDING ON ALL INVOLVED AGENCIES.
SO WE HAVE THE ACCESS POINTS, THEY ARE PERMITTED, AS PHIL SAID, AS A SAFETY MEASURE.
WE HAVE THOSE ALTERNATIVE ACCESS PLANS IF AFTER SIX MONTHS AFTER OPERATION WE HAVE THAT LOOK BACK PERIOD, WE GO BACK BEFORE THE PLANNING BOARD.
IF THERE IS A CONTINUING PROBLEM AFTER THE GRAND OPENING PLAN, ADJUSTMENTS CAN BE MADE.
MAYBE THAT'S ONE OF THE ADJUSTMENTS.
AND I WILL JUST SAY, AS A MEMBER OF THE ZONING BOARD, IT IS MY LEGAL OBLIGATION TO MAKE SURE THE CHA TO ONE OF THE MANY CRITERIA IS THE IMPACT ON THE CHARACTER OF THE NEIGHBORHOOD.
AND I WILL DO, IN MY JUDGMENT WHAT FROM I SEE AND HEAR FROM YOU AND FROM THE PEOPLE WHO LIVE THERE.
THAT ON ALL THE CRITERIA THAT I MUST JUDGE, AND THAT'S WHY I'M MENTIONING IT TO YOU.
ONE OTHER THING FROM A, FROM A TRAFFIC FLOW STANDPOINT, IF PLAN C, WHICH HAS THAT DRIVEWAY CLOSED, YOU WOULD ACTUALLY FORCE TRAFFIC TO GO FURTHER INTO THE NEIGHBORHOOD, EVEN IN OFF PEAK TIMES WHEN THEY DON'T NEED TO.
BY HAVING THAT DRIVEWAY, UH, IT ALLOWS TRAFFIC ACCESS TO AND FROM THE TRAFFIC SIGNAL TO GET BACK TO ROUTE ONE 19.
THE STATE HIGHWAY, IF THAT DRIVEWAY WAS CLOSED OFF ALTOGETHER AND EVERYONE WAS FORCED TO GO TO COUNTY CENTER ROAD, THE BULK OF OUR TRAFFIC COMES THROUGH THE TRAFFIC SIGNAL.
SO THAT WOULD FORCE ALL THAT TRAFFIC TO GO UP TO THE TRAFFIC CIRCLE AND GET AROUND TO COUNTY CENTER ROAD, WHICH ACTUALLY BRINGS THEM CLOSER INTO THE NEIGHBORHOOD.
SO, YOU KNOW, I THINK WE HAVE THE PLAN THAT IF IT'S NEEDED, IT CAN BE CLOSED OFF TEMPORARILY, BUT THERE IS A BENEFIT TO HAVING THAT TO KEEP TRAFFIC OUT OF THE NEIGHBORHOOD AND TO HAVE TRAFFIC FLOW OUT ONTO ONE 19 MORE EFFICIENTLY.
ANYONE IN THE AUDIENCE HERE WANT TO HAVE ANY COMMENTS PUT ON THE RECORD? OKAY.
AND ONLINE, MR. GOTTLIEB, IF YOU COULD PLEASE STOP SHARE, UH, IF ANYONE ON ZOOM WOULD LIKE TO SPEAK, IF YOU COULD KINDLY, UM, SEND A CHAT TO ME.
I BELIEVE, UH, MS. OSHA INTENDS TO SPEAK, SO IF YOU WOULD LIKE TO DO THE FIRST SPEAKER YES, KAREN, I WOULD.
AND ANYONE ELSE THAT INTENDS TO SPEAK, YOU COULD PLEASE SEND ME A CHAT AND I'LL, I'LL CALL YOU AFTER MS. OCHE.
MS. THANK YOU CHAIRPERSON BUNTING SMITH, MEMBERS OF THE ZONING BOARD, MADELINE K OSHA, CHAIRMAN OF THE COUNCIL OF GREENBERG CIVIC ASSOCIATIONS AT ITS MEETING ON MONDAY, OCTOBER 21ST, 2024, THE COUNCIL OF GREENBERG CIVIC ASSOCIATIONS CGCA, CONTINUED TO DISCUSS THE CHICK-FIL-A APPLICATION.
THOSE IN ATTENDANCE EXPRESSED DEEP CONCERNS ABOUT THE ERRONEOUS AND MISLEADING INFORMATION BEING DISSEMINATED AND WHAT APPEARS TO BE TOTAL DISRESPECT SHOWN THE WHITE PLAIN ZONING ORDINANCE ON OCTOBER 15TH, THE WHITE PLAIN PLANNING BOARD ISSUED SITE PLAN AND SPECIAL PERMIT APPROVALS FOR A COMMERCIAL PARKING LOT ON THE TWO ADJACENT PARCELS ON TARRYTOWN ROAD.
DURING THAT MEETING, THE WHITE PLAINS PLANNING BOARD MADE CLEAR IT DIDN'T MATTER IF THIS PARKING LOT WERE LEASED TO CHICK-FIL-A CFA, WESTCHESTER COUNTY CENTER, OR ANYONE ELSE.
THE ONLY STIPULATION WAS THAT IT COULD NOT BE USED BY CFA CUSTOMERS BECAUSE FAST FOOD ESTABLISHMENTS ARE NOT PERMITTED, UH, PERMITTED USE ON THE SITE.
THE FOLLOWING EVENING, OCTOBER 16TH, THE GREENBERG PLANNING BOARD DISCUSSED THE
[00:40:01]
CFA APPLICATION WITH THE APPLICANT'S REPRESENTATIVES AND ISSUED AN AMENDED NEGATIVE DECLARATION.THIS WAS NECESSARY BECAUSE THE ORIGINAL NEGATIVE DECLARATION STATED THAT CUSTOMERS OF C-S-A-F-A COULD QUEUE IN THE WHITE PLAINS PARKING LOT IF THERE WERE TOO MANY CUSTOMERS.
THE ZBA SHOULD NOTE THIS AMENDED DOCUMENT CONTAINED ERRONEOUS AND MISLEADING INFORMATION.
FIRST ON PAGE ONE AND THREE, THIS NED DECK STATES THAT THE APPLICANT REQUIRES 13 VARIANCES.
ACCORDING TO THE MEMORANDUM ISSUED BY THE BUILDING INSPECTOR FRANK MOBI ON JUNE 5TH, 2024 14.
VARIANCES ARE REQUIRED BOTH ON PAGE ONE AND PAGE THREE.
THIS NEX STATES THAT VARIANCE NUMBER SIX FOR OFF STREET PARKING SPACES FROM 1 43 REQUIRED TO ONE 12 PROPOSED FIVE TIMES ONCE ON PAGES ONE, THREE, AND FOUR AND TWICE.
ON PAGE SIX, THE FOLLOWING COMMENTS ABOUT PARKING SPACES APPEAR IN THE REVISED MEG DECK QUOTE, THE APPLICANT PROPOSED 112 PARKING SPACES, 79 STRIPED THREE 30 FEET CREDITED FOR DRIVE THROUGH WHERE 143 ARE REQUIRED.
A TOTAL OF 30 OFF STREET PARKING SPACES DEDICATED FOR EMPLOYEE PARKING ARE PROPOSED TO BE SITUATED ON AN ADJACENT LOT LOCATED WITHIN THE CITY OF WHITE PLAINS ZONE BUSINESS B THREE REQUIRING ADDITIONAL APPROVAL FROM THE CITY.
THESE STATEMENTS ABOUT THE NUMBER OF PARKING SPACES MEETING VARIANCES ARE MISLEADING.
THE GREENBERG CD NC DEPARTMENT WAS INFORMED IN A LETTER ON JULY 18TH, 2024 FROM THE SECRETARY TO THE WHITE PLAINS PLANNING BOARD THAT THE WHITE PLAINS ZONING ORDINANCE SECTION DOES NOT ALLOW, USES PERMITTED IN GREENBURG INTO TO EXTEND INTO WHITE PLAINS WHERE THEY ARE NOT PERMITTED.
THE LETTER CLEARLY STATED, PLEASE ENSURE THAT ANY APPROVAL DOES NOT INCLUDE THE COMMERCIAL PARKING LOT IN WHITE PLAINS FOR MEETING THE PARKING REQUIREMENTS.
BECAUSE THE 30 PARKING SPACES LOCATED ON THE WHITE PLAIN SLOTS CANNOT BE COUNTED, THE APPLICANT SHOULD BE REQUIRED TO REVISE THE VARIANCE SOUGHT FROM 143 PARKING SPACES REQUIRED TO 82, PROPOSED 49 STRIP AND 30 DEGREE CREDITED FOR DRIVE THROUGH IN GREENBURG.
SECTION 3.52 OF THE WHITE PLAIN ZONE ZONING ORDINANCE STATES THAT DEMENTIA NO REQUIREMENTS PERMITTED IN GREENBURG, QUOTE, MAY NOT EXTEND INTO ANOTHER DISTRICT OF THE CITY OF WHITE PLAINS WHERE THEY WOULD NOT OTHERWISE BE PERMITTED.
THUS, IN ADDITION TO THE REQUIREMENT REGARDING PARKING SPACES, ADDITIONAL VARIANCES APPEAR TO BE REQUIRED FOR MINIMUM LOT SIZE.
80,000 SQUARE FEET REQUIRED TO 55,009 12 FEET PER POST REAR YARD SETBACK.
50 FEET REQUIRED 41.4 PROPOSED MINIMUM DIS MINIMUM DISTANCE FROM OFF STREET PARKING TO REAR LOT LINE 10 FEET REQUIRED ZERO FEET.
PROPOSED IN A LETTER DATED AUGUST 14TH, 2024, THE ATTORNEY FOR CFA CLAIMED THAT THE GREENBERG BUILD BUILDING DEPARTMENT HAS OFFICIALLY DETERMINED ON MULTIPLE OCCASIONS THAT THE USE OF THE COMMERCIAL PARKING LOT FOR EMPLOYEE PARKING SHALL BE CONSIDERED FOR PURPOSES OF ZONING COMPLIANCE.
IT IS TRUE THAT THE GREENBERG BUILDING DEPARTMENT HAS STATED THAT FORMER BUILDING INSPECTOR ROBERT DAN IN A MEMO DATED AUGUST 17TH, 2022, MADE AN IN INTERPRETATION ALLOWING GREENBERG'S AND THE CITY OF WHITE PLAINS PROPERTY TO BE TREATED AS ONE LOCK.
HOWEVER, THE CGCA QUESTIONS WHETHER MR. DAM, WHO IS DECEASED WAS DUPED INTO BELIEVING THAT THE PROPERTIES COULD BE
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TREATED AS ONE LOCK BASED ON THE FALSE INFORMATION PROVIDED BY CFA'S ENGINEERING FIRM IN A LETTER DATED MAY 18TH, 2022 THAT STATED QUICK SERVE RESTAURANTS WERE A PERMITTED USE ON THE PORTION OF THE PROPERTY IN WHITE PLAINS.IT IS HIGHLY UNLIKELY THAT MR. DAM RESEARCHED THE WHITE PLAINS ZONING ORDINANCE BEFORE REPLYING TO A LETTER HE RECEIVED ONLY FIVE DAYS EARLIER AUGUST 12TH, 2022 FROM THE PROPERTY OWNER'S ATTORNEY.
IT IS HIGHLY UNLIKELY THAT MR. DAMS OR THE CURRENT BUILDING DEPARTMENT WOULD STATE THAT THE WHITE PLAIN ZONING ORDINANCE IS IRRELEVANT AND DOES NOT NEED TO BE RECOGNIZED OR RESPECTED.
CGCA HAS A NUMBER OF CONCERNS ABOUT THE GO GRAND OPENING TRAFFIC MANAGEMENT PLANS, BUT MOST OF THOSE CONCERNS ARE ABOUT ISSUES REGARDING THE HIGHLY QUESTIONABLE ABILITY FOR THESE PLANS TO ADEQUATELY ADDRESS THE EXPECTED TRAFFIC NIGHTMARE.
THESE CGCA CONCERNS PROPERLY BELONG BEFORE THE GREENBERG PLANNING BOARD.
HOWEVER, THERE IS ONE PROVISION OF THESE PLANS THAT REQUIRES A VARIANCE FROM A PROVISION IN THIS ZONING ORDINANCE.
ACCORDING TO THE LETTER PROVIDED TO THE ZBA ON OCTOBER 9TH, 2024, EXHIBIT ONE, STACKING PLAN B, C, AND C ONE ALL INDICATE A LANE OF PARKING SPACE SPACES WILL BE ELIMINATED AND THREE LANES OF DRIVE THROUGH WILL BE INCLUDED.
ALL THREE OF THE STACKING PLANS PAGES 17, 19, AND 21 SHOW AN EXIT BACKUP AND MANEUVERING AISLE BETWEEN THE ANGLED PARKING SPACES OF 13 FEET.
THE GREENBURG ZONING ORDINANCE SECTION 2 85 DASH 38 D TWO STATES, THE MINIMUM AISLE SPACE MAY BE REDUCED FOR ANGLE PARKING, BUT IN NO CASE SHALL THE AISLE SPACE BE LESS THAN 16 FEET.
THUS, A VARIANCE SHOULD BE REQUIRED FROM THIS PROVISION EVEN IF IT IS ONLY TEMP NECESSARY TEMPORARILY.
THE CGCA ALSO NOTES THAT THE WHITE PLAINS PLANNING BOARD REQUIRED THAT EXTERIOR LIGHTS IN THE COMMERCIAL PARKING LOT BE REDUCED FROM 17 FEET TO 12 FEET.
THIS COMMERCIAL PARKING LOT DOES NOT ABUT ANY RESIDENTIAL PROPERTY.
HOWEVER, THE GREENBERG LOTS ARE DIRECTLY ACROSS FROM WEST CAP GARDEN APARTMENTS AND SINGLE FAMILY HOMES.
WHY SHOULD VARIANCE 10 BE GRANTED ALLOWING THE HEIGHT OF EXTERIOR LIGHTING FROM 14 FEET PERMITTED TO 17 FEET PROPOSED C-G-A-C-G-C-A REQUEST THAT THE ZONING BOARD SEEK INFORMATION FROM THE APPLICANT ABOUT SIGNAGE AS THE CGCA DOES NOT WANT TO ENDURE THIS PROCESS WITH THIS APPLICANT.
AGAIN, SOME OF THE MATERIALS PRESENTED INCLUDED WALL BUSINESS SIGNS ON THREE SIDES OF THE BUILDING.
THE SIGN AND ILLUMINATION LAW PERMITS WALL SIGNS ON ONLY TWO SIDES OF THE BUILDING ON THE CORNER LOCK.
THE ZBA MUST ADDRESS THE FACT THAT SOME OF THE VARIANTS SOUGHT IN THIS APPLICATION HAVE BEEN ERRONEOUS ERRONEOUSLY CITED BOTH ON THE PUBLISHED CBA MONTHLY AGENDAS AND IN THE NEWSPAPER LEGAL NOTICES, THE THREE LISTED VARIANCES REGARDING THE DISTANCE FROM ALL KENSICO ROAD COUNTY CENTER ROAD AND TARRYTOWN ROAD, ALL SITE SECTION 2 85, 38 C PER SIX B OF THE ZONING ORDINANCE.
A CORRECTED LEGAL NOTICE SHOULD BE REQUIRED.
FINALLY, THE C-G-A-C-G-C-A WISHES THE STATE.
ALL OF ITS MEMBER ORGANIZATIONS ARE DEEPLY TROUBLED BY THE LACK OF RESPECT, SHOWN THE WHITE PLAIN ZONING ORDINANCE.
GREENBURG SHARES BOUNDARIES WITH 11 OTHER MUNICIPALITIES.
THE SIX VILLAGES LOCATED IN GREENBURG, LEY, DOBBS FERRY, ELMSFORD, HASTINGS, IRVINGTON AND CARYTOWN, AND ALSO THE TOWNS OF MOUNT PLEASANT.
THE CITY OF WHITE PLAINS, THE TOWN VILLAGE OF SCARSDALE, AND THE CITY OF YONKERS ALL HAVE ZONING ORDINANCES.
IF GREENBERG DOES NOT RESPECT THE ZONING ORDINANCE OF WHITE PLAINS REGARDING THIS CHICK-FIL-A APPLICATION THE
[00:50:01]
CGCA FEARS IT WILL BE TO GREENBURG RESIDENCE DETRIMENT DOWN THE ROAD.THE COUNCIL DOES NOT, IS NOT OPPOSED.
A CHICK-FIL-A BUT WISHES A MORE CONVENIENT PROPERTY WE'RE LOCATED SO THAT IT IS NOT NECESSARY TO TRY TO FIT A SQUARE KG INTO A ROUND HOLE.
UH, GOOD EVENING TO THE, TO THE ZONING BOARDS.
UM, I'M STARTING OFF WITH, UH, THE CITY OF WHITE PLAINS, UH, AND THEIR LETTER ON JULY 18TH, 2024.
UM, THEY ASKED THAT THE TOWN OF GREENBURG TO IN, TO ENSURE THAT ANY APPROVAL OF THE CFA PROJECT NOT INCLUDE THE 30 PARKING SPACES IN THE WHITE PLAINS COMMERCIAL PARKING LOT TO MEET THE GREENBURG PARKING REQUIREMENTS FOR THIS FACT.
CCFA NEEDS TO AMEND THEIR PARKING VARIANCE FROM 1 43 REQUIRED TO 82 PROPOSED.
WITHOUT THOSE 30 SPACES, CFA IS LEFT WITH 49 FUNCTIONAL PARKING SPACES, NOT INCLUDING THE 33 IN THE Q LANES.
IN THE GRAND OPENING, GO PLAN CFA PLANS TO ELIMINATE THE 14 WESTERLY SIDE PARKING SPACES ALONG OLD KENSICO ROAD, LEAVING ONLY 35 FUNCTIONAL DINE-IN AND PICKUP SPACES.
IF THE ADDITIONAL EIGHT SPACES NEAR THE COUNTY CENTER ROADSIDE ARE TAKEN TO MAKE IT 67 QUEUING VEHICLES AS MENTIONED AT THE PLANNING BOARD WORK SESSION, THAT WOULD LEAVE 27 FUNCTIONAL SPACES FOR 72 DINE IN SEATS AND 20 EXTERIOR SEATS.
THIS DOES NOT INCLUDE THOSE CUSTOMERS THAT PLACED ORDERS ON THE APP AND NEED TO PARK AND GO IN FOR PICKUP AS CFAS RECOMMENDING THEIR CUSTOMERS TO DO.
IF THE QUEUING LANES ARE BACKING UP, THAT ALSO DOESN'T COUNT THE THIRD PARTY PICKUPS LIKE GRUBHUB AND UBER EATS, WHICH CFA SAYS THEY WOULD DESIGNATE PICKUP ONLY SPACES.
HOW MANY WILL THOSE BE ELIMINATING MORE SPACES FOR DINE-IN CUSTOMERS ON EXHIBIT ONE, THE TWO QUEUING LANES ARE PUSHED TO THE WESTERLY SIDE OF THE LOT WHERE THE 14 PARKING SPACES ARE.
WHY ARE THEY DOING THIS IF THEY HAVE THE ORIGINAL TWO LANES IN PLACE? IS THIS TO PROVIDE AMPLE SPACE FOR MANEUVERING WHILE BACKING UP FROM THE 13 PARKING SPACES LOCATED DIRECTLY ACROSS, ACROSS BOTH AISLES OF THE QUEUING LANES? IF A LARGE VEHICLE, FOR EXAMPLE, A PICKUP TRUCK MEASURING APPROXIMATELY THE WHOLE LENGTH OF THE PARKING SPACE, WHICH IS 18 FEET, CANNOT PULL OUT IN AN AISLE MEASURING 11 FEET, EVEN IF IT IS AN ANGLED SPOT, I KNOW MOST DRIVE DRIVERS HAVE EXPERIENCED PULLING OUT OF A PARKING SPACE AND CROSSING OVER TWO AISLES TO BE ABLE TO HAVE SUFFICIENT CLEARANCE FROM THE FRONT AND THE BACK OF THE VEHICLE TO BE ABLE TO BACK UP AND TURN TO LEAVE.
THE SPACES, THE AISLE SPACE MEASURED MEASURES 22 FEET IN WIDTH ACROSS TO THE ACROSS IN THEIR SITE PLAN, WHICH GIVES AN 18 FOOT VEHICLE TIGHT, A TIGHT SPACE FOR SAFE MANEUVERING TO EXIT.
THIS PROVES THAT THEIR GO PLAN DESIGN OF QUEUING CARS IN THOSE TWO, THOSE TWO LANES FAILED BECAUSE IN THEIR NORMAL LANES, WHICH ARE IN THE CENTER POSITIONS, THEY INTERFERE WITH THE WESTERLY AND EASTERLY SPACES ALONG THE QUEUING LANES.
IF BOTH LANES ARE STACKED WITH VEHICLES, THERE IS NO CHANCE FOR THOSE PARKED VEHICLES TO BE ABLE TO PULL OUT INTO BOTH LANE AISLES IF THE VEHICLES ARE LINED UP BUMPER TO BUMPER AS SHOWN IN EXHIBIT TWO.
A PERFECT EXAMPLE OF THIS IS THE ELMSFORD BURGER KING, WHICH HAD TO REDESIGN THEIR PARKING LOT AND BU AND BUILDING IN 2010.
THEY WANTED TO AVOID CONFLICT WITH THE DRIVE THROUGH VEHICLES, WITH THE PARKING, THE PARK VEHICLES, WHICH WERE ON EITHER SIDE OF THE QUEUING LANES, WHICH CREATED A BACKUP AND SPILLOVER ONTO ROUTE ONE 19.
[00:55:01]
THE QUEUING VEHICLES FROM GOING THROUGH THE EASTERLY AND WESTERLY LINED UP PARKING SPACES AND INSTEAD PULLED THE VE THE VEHICLES TO THE FAR EASTERLY SIDE OF THE PROPERTY GOING AROUND THE BUILDING AND KEEPING THEM AWAY FROM ALL THE PARKING SPACES.THIS WAS STATED IN AN ARTICLE IN THE DAILY VOICE ON AUGUST 17TH, 2011, BEFORE THEIR GRAND OPENING.
THIS SAME SITUATION WILL HAPPEN IN THE CFA PARKING LOT WITH PARKED VEHICLES BEING STUCK IN THEIR PARKING SPACES.
IT HAPPENED TO ME MANY TIMES AT BURGER KING.
SOMETHING I THINK CFA OVERLOOKED IS WHEN A VEHICLE WHICH PULLS OUT OF THEIR PARKING SPACES ONTO THE WESTERLY AISLE OF THE QUEUING AND NEEDS TO TURN EAST CROSSING OVER TO THE EASTERLY QUEUE LANE TO EXIT TO EXIT, THEY WILL FIND IT IMPOSSIBLE TO CROSS BUMPER TO BUMPER LANES TO BE ABLE TO EXIT OUT OF THE LOT.
ON OCTOBER 16TH AT THE PLANNING BOARD WORK SESSION, CFA WAS ASKED IF THE MONITORING STUDY SHOWS THAT THEIR ORIGINAL TRAFFIC PLAN DID NOT WORK, WHAT WOULD BE DONE TO MITIGATE THE SITUATION? THE ATTORNEY STATED THAT THE 14 WESTERLY PARKING SPACES ALONG OLD SKA WOULD HAVE TO BE ELIMINATED PERMANENTLY.
THIS MEANS THEY WOULD BE LEFT WITHOUT ONLY 35 FUNCTIONING CUSTOMER PARKING SPACES.
HE ALSO STATED THIS WAS IN TALKS FOR MONTHS OR YEARS MAKING THIS THEIR PLAN B.
AFTER THE MONITORING STUDY FAILS, WHICH SHOWS THEY ALREADY RECOGNIZE THE SITUATION AND WHY THE ISS HAVE ALL BEEN SHIFTED TO THE WEST INTO THE EXITING INTO THE EXISTING 14 SPACES, EVEN WHEN THE QUEUING LINES HAVE FEW CARS AS SHOWN IN EXHIBIT ONE.
HE ALSO MENTIONED THE NORWALK LOCATION THAT HAD TO REDESIGN THE LOT DUE TO TRAFFIC ISSUES.
CFA DOESN'T HAVE THE LUXURY OR THE ROOM TO TWEAK OR RE-CONFIGURE THIS LOT BECAUSE THE LOT IS ALREADY TO THE LIMIT DUE TO THE LIMITED SPACE IN SUCH A SMALL LOT LEAVE LEAVING THEM WITHOUT A PLAN C ON EXIT.
ON EXHIBIT TWO, THEY SHOW THREE QUEUING LANES ON THE WESTERLY SIDE OF THE, ON THE PHASE TWO POSITION OF THEIR CONES.
REMEMBER, EACH PARKING SPACE IS 18 FEET LONG.
THEY ARE, THEY ARE PLACING TWO LANES WITHIN THE LENGTH OF THOSE SPACES AND ANOTHER IN THE ORIGINAL WESTERLY SIDE AISLE OF THE QUEUING LANE, WHICH IS 11 FEET WIDE AND HAVING TO LEAVE ROOM FOR THE SPACE IN BETWEEN CARS.
ALSO LEAVING A SAFE SPACE FOR EMPLOYEES WORKING IN THE QUEUING LANES, DIRECTING TRAFFIC AND SUFFICIENT ROOM FOR THE DIVISIONAL CONES, LEAVING APPROXIMATELY 28 FEET OR LESS FOR THREE VEHICLES TO DRIVE IN WITH SUFFICIENT SPACE BETWEEN THEM TO ALLOW SAFE MANEUVER.
IN THE EXHIBIT YOU SEE CARS WITH IN WITHIN INCHES OF THEMSELVES CREATING A VERY DANGEROUS SITUATION.
THIS ALSO ONLY LEAVES 11 FEET OF BACKING UP SPACE FOR THE EASTERLY PARKING SPACES TO MANEUVER OUT OF THEIR SPACES, WHICH IS IMPOSSIBLE.
THE PLAN ALSO SHOWS THAT THE CARS ARE BUMPER TO BUMPER AND ENCROACH ON THE PEDESTRIAN WALKWAY ENTERING FROM OLD KENSICO ROAD MAKING THE PEDESTRIANS HAVE TO WEAVE THROUGH THE MOVING VEHICLES TO GET TO THE BUILDING.
AGAIN, THIS PROVES MY POINT THAT ON A NORMAL BUSINESS DAY AFTER GRAND OPENING PASSES, THEY WILL HAVE, THEY WILL HAVE ISSUES WITH 27 PARKING SPACES ALONG THE EWING LANES AND POSSIBLY ANOTHER EIGHT ALONG THE COUNTY CENTER ROADSIDE, MAKING IT 35 SPACES TRYING TO PULL, PULL IN OR OUT OF THOSE SPACES DUE TO THE VEHICLES IN THE QUEUING LANES BLOCKING THEM.
ANOTHER PROBLEM IS THE POLICE, IF THE POLICE HAVE TO SHUT BOTH ENTRANCES TO CFA AND TELL CARS TO COME BACK LATER, THOSE CARS THAT TRAVELED A GOOD DISTANCE TO COME TO THE GRAND OPENING WILL NOT GO AWAY.
THEY WILL FIND ALTERNATIVE PARKING ON THE RESIDENTIAL SIDE OF COUNTY CENTER ROAD AND OLD PENSKE ROAD AND WALK OVER.
THEY WOULD ALSO DO THAT IF THEY SEE A LONG DRIVE THROUGH LINE AND OR THERE AREN'T ENOUGH PARKING SPACES
[01:00:01]
IN THE LOT TO PARK, THE NEIGHBORS WILL TAKE ON THE BRUNT IN HAVING CARS UP AND DOWN THE STREET THROWING THEIR GARBAGE FOR US TO PICK UP JUST LIKE WE DO WITH THE COUNTY CENTER PATRONS.THIS GOAL PLAN IS A DESPERATE, POORLY EXECUTED, RUSHED ATTEMPT TO RECUPERATE FROM THE BLOW OF NOT BEING ABLE TO USE THE WHITE PLAINS LOT FOR QUEUING AS STIPULATED IN THE WHITE PLAINS CONDITIONS.
IN THEIR APPROVAL OF THE COMMERCIAL PARKING LOT FINALIZED ON OCTOBER 15TH, 2024.
WHITE PLAINS HAS MADE IT VERY CLEAR THAT THIS PARKING LOT CANNOT HAVE ANYTHING TO DO WITH CCFA LOCATED IN GREENBURG OTHER THAN PERMITTING THE EMPLOYEES, UH, TO PARK THERE AS THEY CANNOT CONTROL WHO PARKS THERE.
EVEN IF THE LANDOWNER DECIDES TO LEASE IT TO SOMEONE ELSE OTHER THAN CFA IN THE FUTURE.
FOR EXAMPLE, THE COUNTY CENTER, I FEEL CFA KNOWS THEIR PARKING DESIGN IS GOING TO FAIL, BUT AS LONG AS THEY MAKE IT PRETTY ON PAPER, HOPING NO ONE IS FAMILIAR WITH CONSTRUCTION OR OR PARKING LOT CIRCULATION DESIGN, THE PLAN IS TO GET APPROVAL.
AND ONCE THE BUSINESS IS BUILT AND FUNCTIONING, THEY WILL COME BACK FOR MORE PARKING VARIANCES DUE TO THE HARDSHIP OF UNFORESEEN PROBLEMS WITH TRAFFIC ISSUES THEY ALREADY KNOW ABOUT.
IF THEY ATTEMPT TO GO AHEAD AND FIX THE ISSUES NOW, THEY MOST LIKELY WOULD NOT BE APPROVED.
I ASK THE BOARD NOT TO PERMIT THIS AND BLOCK ANY ATTEMPT TO DO SO IN THE FUTURE.
I PLEAD TO THE BOARD TO SAVE FULTON FROM FULTON PARK FROM THE NIGHTMARE WE SURELY FACE IF THIS PROJECT IS APPROVED.
IS THERE ANYONE ELSE? NO OTHER SPEAKERS.
UH, JUST A FEW THINGS IN, IN RESPONSE TO PUBLIC COMMENTS IF I MAY.
UM, ONE IS, UM, ONE IS THAT WE HAVE RESPONDED TO ALL THESE COMMENTS PREVIOUSLY PLANNING BOARDS HELD THE PUBLIC HEARING.
THIS BOARD HAS HELD NUMEROUS PUBLIC HEARINGS, BUT I JUST WANTED TO SAY A FEW FEW WORDS FOR THE RECORD.
UM, ONE IS THIS TOWN'S BUILDING DEPARTMENT HAS DONE AN EXCELLENT JOB IN CLARIFYING THE REQUIRED AREA VARIANCES.
I THINK WE ARE ON FOUR DIFFERENT REVISED BUILDING DETERMINATIONS.
AS WE'VE GONE THROUGH THE PROCESS, THERE HAS BEEN A DETERMINATION MADE RELATED TO THE REAR YARD SETBACKS, THE UTILIZATION OF THE WHITE PLAINS LOT AND SO FORTH.
UM, A FEW THINGS ABOUT THE GO PLAN AND HOW IT WAS DEVELOPED.
WE SUBMITTED THIS APPLICATION IN 2022 WITH THE ORIGINAL TRAFFIC MANAGEMENT PLAN.
UNDER NO CIRCUMSTANCES IS THIS RUSHED.
WE HAVE MET WITH THE POLICE DEPARTMENT.
WE HAVE MET WITH AND BEEN THROUGH SEVERAL REVIEWS WITH THIS TOWN'S CONSULTING TRAFFIC ENGINEER WHO'S AN INDEPENDENT PARTY.
UM, FURTHER TO SAY THAT CHICK-FIL-A IS RUSHING THIS, PUTTING TOGETHER A PLAN THAT WE KNOW IS NOT GOING TO WORK.
I'M QUITE CONFIDENT THAT NO BUSINESS WOULD EVER PUT TOGETHER A PLAN AND INVEST THIS MUCH MONEY IN SOMETHING THAT IS NOT GOING TO WORK.
IN FACT, THE COMPARABLE STUDIES OF PARKING SPACES SHOW THAT THIS CHICK-FIL-A IS PROVIDING MORE OFF STREET PARKING THAN THE AVERAGE OTHER EIGHT CHICK-FIL-A'S THAT WE STUDIED AND PROVIDED DATA TO, UM, RELATED TO THE GO PLAN AND THE SIX MONTH REVIEW AFTER WE ARE IN OPERATION.
UM, THE PLANNING BOARD DID ASK WHAT HAPPENS IF THIS DOESN'T WORK? UM, OUR PLAN C IS NOT PLAN A VERY CONFIDENT IN, IN THE FIRST PLAN, BUT THERE WERE A LOT OF WHAT IFS, WHAT IF THIS DOESN'T WORK AND SO FORTH AND SO ON.
ORIGINALLY WHERE WE HAVE THAT ANGLED PARKING SPACES, THOSE WERE VERTICAL PARKING SPACES AND NOT ANGLED.
THE PLANNING BOARDS HAD A TERRIFIC SUGGESTION OF MOVING THOSE TO ANGLED SPACES SO THAT WE COULD USE THAT AREA FOR ADDITIONAL QUEUING AND IT WOULD STILL ALLOW PEOPLE TO BACK UP AND UTILIZE THE SPACE WHILE TEAM MEMBERS ARE THERE DIRECTING TRAFFIC.
DURING THE PLANNING BOARD PROCESS, IT WAS CONSIDERED BY THE PLANNING BOARD, WELL WOULD IT BE FEASIBLE TO MAKE THAT ALL DRIVE THROUGH? BUT THAT INCREASES AND DECREASES OUR AMOUNT OF OFF STREET PARKING.
AND THE DATA SHOWS US THAT THERE IS ENOUGH QUEUING ON THIS SITE WHERE ONLY DURING RARE INCURSION OCCASIONS WILL SOME OF THOSE ANGLED SPOTS BE BLOCKED OFF.
MY STATEMENT AT THE PLANNING BOARD WAS, IF THIS
[01:05:01]
DOESN'T WORK AND IN SIX MONTHS WE COME BACK TO THE PLANNING BOARD AND THERE IS SOMETHING WRONG, THAT IS ONE OF THE ALTERNATIVES WE HAVE ASSESSED.CCRA REQUIRES US TO ASSESS ALTERNATIVES AND WE'VE DONE THAT IN COMPLIANCE WITH CCRA.
AGAIN, THIS HAS ALL BEEN REVIEWED BY THE TOWNS TRAFFIC CONSULTANT, THE PLANNING BOARD, AND WE HAVE A NEGATIVE DECLARATION SETTING FORTH.
UM, OH, AND ONE LAST THING, THE COMMENT RELATED TO THAT, CARS WILL NOT GO AWAY IF THEY'VE TRAVELED TO VISIT THE GRAND OPENING.
UM,
SO IF THIS LINE IS TOO LONG, POLICE OFFICERS ARE TELLING PEOPLE THEY CAN'T ENTER THE SITE INSTEAD OF FORCING THEIR WAY ONTO THE SITE THROUGH POLICE OFFICERS, IT'S MORE LIKELY THAT THEY WILL EITHER GO TO THE MIDWAY SHOPPING CENTER FACILITY OR THE YONKERS FACILITY, WHICH WILL NOT BE IN THEIR GRAND OPENING PHASES AND BE OPERATING UNDER NORMAL CONDITIONS.
WITH THAT SAID, WE CAN ANSWER ANY QUESTIONS THE BOARD MAY HAVE.
CAN YOU EXPLAIN THE NEED FOR A 17 FOOT, UH, LIGHT POLE? SURE.
SO I'LL HAVE TIM ADDRESS THAT, BUT I WILL SAY THAT INITIALLY WHEN WE BROUGHT THIS APPLICATION, UM, I THINK THAT VARIANCE IS FOR, IS FOR A 24 FOOT POLE.
BUT I WILL HAVE TIM DISCUSS THE INS AND OUTS OF LIGHTING BRIEFLY JUST SURE.
UH, TIM FRY TAG WITH BOWLER ENGINEERING.
SO OUR ORIGINAL APPLICATION ACTUALLY HAD 27 FOOT TALL LIGHT POLES.
THAT'S THE PREFERRED, UH, HEIGHT FOR AN EVEN DISTRIBUTION ACROSS THE PARKING LOT PARKING LOT WITH LIMITED LIGHT POLES.
THE LOWER THE LIGHT POLE GETS THE BRIGHTER THE LIGHT SPILLAGE ON THE SURFACE 'CAUSE YOUR LIGHT FIXTURE IS CLOSER TO THE PAVEMENT AND THE MORE LIGHT POLES YOU NEED.
SO THE SHORTER THE POLES GET, THE BRIGHTER IT LOOKS AND THE MORE FIXTURES AND POLES YOU NEED CREATING HOTSPOTS.
SO YOU TRY TO BALANCE THE HEIGHT WITH THE NUMBER OF POLES TO HAVE AN EVEN DISTRIBUTION OF LIGHTING ACROSS THE SITE VERSUS AN UP AND FLOW OF HOTSPOTS ACROSS THE SITE.
THERE ARE STREETLIGHTS WITHIN THE VICINITY OF, UH, THIS SITE.
SO THOSE STREETLIGHTS YOU HAVE, UM, YOUR VEHICLE MINIMUM CLEARANCE OF 13 AND A HALF FEET.
SO THOSE STREETLIGHTS ARE ABOVE THOSE VEHICLE CLEARANCES.
SO THEY'RE MORE IN THE RANGE OF THE 17 FOOT THAT WE'RE PROPOSED AND PROPOSING TO BE CONSISTENT WITH.
ON THE CITY OF WHITE PLAINS LOT, THEY ASKED US TO BE LOWER AND IN COMPLIANCE WITH THE CODE AT 12 FEET.
THAT'S FINE AS A EMPLOYEE LOT.
WE CAN HAVE, UH, LOWER LIGHTING LEVELS OVER THERE AND, UM, WE DO HAVE TO INCREASE THE AMOUNT OF POLES SO THAT ADDED TO ADDITIONAL POLES IN THAT LOT.
WE ALSO HAVE LARGE OR WIDER AREAS OF PAVEMENT.
SO WE NEED THAT LIGHT POLE IN THE MIDDLE OF SITE TO BE ABLE TO SPILL OVER ENOUGH PAVEMENT AREAS, UM, TO ALLOW VEHICLES TO, TO STILL MOVE WITHOUT ADDITIONAL LIGHT POLES.
SO THAT LI WIDER SPACE, THAT WIDER SPILLAGE, YOU NEED A HIGHER POLE TO A ACCOMPANY THAT.
SO WE FOUND THAT 17 FOOT WAS THE MINIMUM WE COULD PROPOSE AT AND STILL ACCOMPLISH THE ADEQUATE LIGHTING ACROSS THOSE WIDER AREAS.
ANYTHING FROM THE AUDIENCE NOW? THANK YOU.
AND THE NEXT CASE THIS EVENING IS CASE 24 25.
UH, PAUL PETRE, CIVIL ENGINEER FOR GLEN, ER ONE 10 HAN AVENUE.
UH, RETURNING TO DISCUSS, YOU KNOW, THE ISSUE OF, UH, REMOVING A, UH, A STIPULATION IN THE PREVIOUS ZONING BOARD OF APPROVAL.
UH, TO HAVE 25 UH, SPACES OFF SITE.
AND, UH, SO WE, WE LEFT THE LAST MEETING
[01:10:01]
AND, AND WE, UH, WE WENT TO THE PLANNING DEPARTMENT AND WITH BUILDING DEPARTMENT AND WE RECONFIGURED THIS APPLICATION SUCH THAT WE CAN NOW HAVE 28, UH, PARKING SPACES, 12 OF CARS.AND, UM, THE REMAINING, UH, 14, UH, 16 FOR, UM, TRUCKS LIKE, UH, VANS, THEY, THEY REPAIR A LOT OF, UH, FEDEX VANS.
THAT, THAT'S, THAT'S THE ISSUE.
SO, UM, UH, IF THERE'S ANYTHING YOU'D LIKE, YOU'D LIKE TO TALK ABOUT, UM, THE PLAN IS UP ON THE BOARD THERE.
AND IT HAS THE, UH, FOUR CARS INSIDE AND THE, UH, THE VANS ARE ARRAYED INSIDE.
AND PARKING ON A RAMP, UH, FOR THOSE OF YOU MAY, MAY NOT BE FAMILIAR WITH THIS APPLICATION.
UM, THERE'S A PRETTY, UH, DIFFICULT FLOODING ISSUE OKAY.
AND THIS BUILDING'S GONNA BE RAISED, IT'S GONNA HAVE A RAMP, UH, SO YOU CAN GET UP AND ONCE THE BUILDING IS REBUILT, IT'LL ACTUALLY CONFORM TO THE REQUIREMENTS OF THE BUILDING CODE, UH, TO BE SET ABOVE THE, UH, FLOODPLAIN ELEVATION BY THREE FEET.
THE ORIGINAL, UH, APPLICATION 2017 HAD PARKING SPACES ON THE OTHER SIDE.
WHICH WE WERE SUPPOSED TO LEASE, BUT WE LOST THE LEASE.
AND AS A RESULT OF THAT, THEY NEVER BUILT A BUILDING BECAUSE IT WAS A REQUIREMENT TO HAVE THAT 25 SPACES.
SO THAT'S BASICALLY THE APPLICATION.
ANY QUESTIONS FROM THE BOARD AT THIS POINT? HOW MANY TOTAL SPACES WERE THERE BEFORE ONSITE AND OFFSITE WOULD'VE BEEN 17 AND 25.
AND HOW MANY SPACES ARE THERE NOW? 28.
AND, UM, THAT COVERS THE, ALL THE EXTERIOR AND INTERIOR PARKING? YEAH, MOST OF IT'S IN THE INTERIOR.
THERE'S A, AN EXISTING BUILDING THERE NOW HAS, UM, A SMALL BUILDING.
I DID THE ORIGINAL APPLICATION, UH, QUITE A FEW YEARS AGO.
AND THE NEW BUILDING WILL HAVE A RAMP THAT GOES UP TO IT.
THAT WAS UP ON THE, ON THE SCREEN.
WE SHOWED SOME PARKING ON THE, ON THE RAMP ITSELF, BUT MOST OF THE PARK, THE PARKING WILL BE IN THE, ON THE INSIDE.
WHEN I LOOKED AT SOME PHOTOS, IT LOOKED LIKE THERE WAS, OH, MY UNDERSTANDING IS THAT THE FOOTPRINT OF THE BUILDING, THE NEW BUILDING WON'T BE ANY DIFFERENT FROM THE FOOTPRINT OF THE EXISTING BUILDING.
THE, THE EXISTING BUILDINGS ON IS COMING DOWN.
IT'S A SMALL, VERY SMALL BUILDING.
AND THIS IS A BRAND NEW BUILDING.
IT'S, BUT THE FOOTPRINT IS DIFFERENT.
I THOUGHT, I THOUGHT IT WAS GOING FROM TWO STORIES TO, OKAY, STEVE, IT'S TALLER, BUT YOU'RE, IT'S, IT'S GONNA BE TALLER.
BUT IT'S STILL IN THE SAME AREA SIZE? NO, IT'S, IT'S A, IT'S A LARGER BUILDING.
I DON'T HAVE THE DRAWING OKAY.
BUT IF YOU PUT THE, THE PLAN UP ON THE BOARD, AGAIN, I CAN DESCRIBE WHAT, UH, WHAT IT LOOKS LIKE.
NOW, I WHAT PLAN WAS THIS SAYING? SO, UM, THE BUILDING, THE EXISTING BUILDING'S ON THE LEFT HAND SIDE, IT'S OF THE, OF THAT LOT.
IT, IT WAS ACTUALLY KIND OF A MAKESHIFT BUILDING FROM THE STANDPOINT.
THERE WAS AN ORIGINAL BODY SHOP THERE, AND BEHIND IT ON THE LEFT HAND SIDE, WE PUT AN ADDITION IN QUITE A FEW YEARS AGO.
AND IT'S, UM, FRONTING ON THE STREET.
HAS A DRIVEWAY COMING INTO, IT WAS USED FOR AUTO BODY REPAIR.
SO THAT'S GOING WHERE YOU SEE THE VEHICLES.
UH, YOU SEE THE, UH, THE VEHICLES INSIDE THE BUILDING.
THAT'S AT A HUNDRED BY A HUNDRED BUILDING FOOTPRINT.
AND, AND INSIDE THERE'LL BE A SMALL OFFICE.
AND THEN THERE'S A FRAME MACHINE, UH, SO THERE AND, UH, THAT'S USED TO STRAIGHTEN FRAMES.
SO MOST OF THE BUIL, MOST OF THE CAR, UH, VEHICLES THAT ARE SHOWN ON THE PLAN ARE INSIDE THE BUILDING AND THE EIGHT VEHICLES THAT ARE POINTING IN THE DIRECTION OF THE BUILDING.
THE WHOLE PURPOSE BEHIND GETTING THE OTHER BUILDING DOWN IS TO BUILD, IT FLOODS, UH,
[01:15:01]
QUITE OFTEN, FREQUENTLY.AND THE FLOODS, UH, ARE PRETTY EXTREME.
UM, YOU'LL GET SOMETIMES IN, UH, SOME OF THESE REALLY BAD HURRICANE TYPE EVENTS OR EXTENDED PERIODS OF HEAVY RAINFALL, YOU'LL GET, UH, THREE OR FOUR FEET OF WATER, WATER IN THERE.
SO THAT'S THE PURPOSE OF, OF THE APPLICATION.
GET THE OLD BUILDING DOWN, REALLY CAN'T USE IT ANYMORE.
WHAT IS THE SQUARE FOOTAGE OF THE EXISTING BUILDING? UM, IT'S ON THE, UH, IT'S ON THE APPLICATION THAT THERE'S A CHART ON THE RIGHT HAND SIDE.
I, I, WHILE WE'RE LOOKING FOR THAT, YOU, YOU MENTIONED IN YOUR DOCUMENTS THAT, UM, BECAUSE IT'S LOCATED IN THE FLOODPLAIN OF THE SAWMILL RIVER, YOU'RE GONNA BE PUTTING A PRE PRECAST CONCRETE SEDIMENT TANK TO COLLECT SEDIMENT, DEBRIS AND OTHER FLOATABLES PRIOR TO LEAVING THE SITE, RESULTING IN AN UPGRADE OF EXISTING CONDITIONS.
YOU'LL FORGIVE ME FOR BEING CONFUSED IN THE READING.
IS THAT PRIOR TO YOU LEAVING THE SITE OR THESE FLOATABLES LEAVING THE SITE? DON'T, NO MATERIAL LEAVING THE SITE.
ANY OTHER QUESTIONS? THAT'S A LOSS OF 17 SPEAKER.
ANYONE IN THE AUDIENCE HAVE ANY COMMENTS ON THIS MATTER? NO SPEAKERS.
AND OUR NEXT CASE THIS EVENING, WHICH IS ONE OF OUR NEW CASES, IS GREG 1 49 PRINCETON DRIVE, MARKDALE.
UM, SO AFTER MY INITIAL APPLICATION FOR APPROVAL OF MY CIRCULAR DRIVER WAS, UH, DENIED EARLIER THIS YEAR, I WAS IN TALKS WITH THE BUILDING DEPARTMENT ABOUT FINDING A SOLUTION TO MAKE MY HOUSE ACCESSIBLE FOR MY FATHER, WHO THANKFULLY IS STILL GOING.
AND, UH, WHEN I EXPRESSED MY WILLINGNESS TO HAVE TO REMOVE THE DRIVEWAY AFTER THE NEED WAS NO LONGER THERE, UH, I WAS ADVISED TO APPLY FOR A TEMPORARY VARIANCE.
UM, I DON'T KNOW IF ANY OF YOU HAVE BEEN IN A POSITION TO CARE FOR AN AGING PARENT YET, BUT IT DEFINITELY IS ONE OF THE MOST CHALLENGING RESPONSIBILITIES I'VE HAD.
SO, UH, BUT MY DAD IS DOING THE BEST HE CAN TO KEEP GOING.
AND I'M DEFINITELY DETERMINED TO DO WHAT I CAN TO GIVE HIM AS MUCH TIME AS HUMANLY POSSIBLE TO, UH, SPEND WITH HIS GRANDCHILDREN AND HIS GREAT-GRANDCHILDREN.
AND I'M HOPING THAT I LIVE IN A COMMUNITY THAT PRIORITIZES PEOPLE AND FAMILY.
SO THAT'S ALL I REALLY HAVE TO SAY.
ANY QUESTIONS? WELL, I, I'M, I'M, I, I, WHEN WE ORIGINALLY DENIED THIS, I LOOKED AT IT AS, BECAUSE FROM THE STRUCTURE OF THE, THE HOUSE THAT YOU HAVE STEPS IN THE FRONT, CORRECT.
SO ORIGINALLY THERE WAS A, BECAUSE, UM, THE DRIVEWAY, THE WAY THE HOUSE WAS, THE DRIVEWAY WHEN IT WAS BUILT, ALSO FACES TO THE SIDE INSTEAD OF FORWARD.
SO THERE'S A, THERE WAS A LONG WALKWAY FROM THE SIDE, AND COMING IN THE HOUSE IS PRETTY FAR RECESSED.
SO THERE'S A LONG WALKWAY BOTH WAYS.
MY MOTHER PASSED AWAY LAST YEAR AND MY FATHER, SINCE MY MOM PASSED AWAY, MY FATHER NOW LIVES WITH ME, HAS BEEN LIVING FOR ME, WITH ME FOR THE PAST YEAR AND A HALF.
SO THAT'S WHY THEY'RE NEEDS DEFINITELY THERE.
AND THE DOCTOR, UH, MEDICALLY THE MEDICAL NEEDS, DEFINITELY THERE'S, UM, AS NOTED BY A NOTE FROM HIS
[01:20:01]
PHYSICIAN WHO'S CONCERNED ABOUT HIS WELFARE.ALSO, THE ONLY REASON I RAISED THE FACT THAT THERE'RE STEPS IS THAT, OH, WE'VE, WE'VE HAD SIMILAR APPLICATIONS BY INDIVIDUALS WHO ASK FOR US TO PROVIDE THEM WITH RAMPS, WHICH CAN BE, YOU KNOW, VERY, UH, TEMPORARY BECAUSE YOU PUT THEM DOWN AND YOU CAN PICK THEM UP.
UM, BUT THE WAY YOU'RE, WHAT YOU'RE PRESENTING IS IT DOESN'T APPEAR THAT YOU ARE ELIMINATING THE STEPS.
YOU'RE JUST GETTING HIM CLOSER TO THE DOOR.
AND THAT'S THE ONLY WAY YOU CAN DO IT.
YOU SAID THAT THERE WAS A RAMP THERE FOR THERE, OR, OR WALKWAY, I SHOULD SAY.
THERE WERE TOO LONG, TOO LONG PATHWAYS.
AND SO FOR HIM TO TAKE THOSE STEPS ON A FAIRLY CONSISTENT BASIS NO, NO.
BUT WHY THEN COULDN'T HE BE IN SOME TYPE OF, UH, UH, ASSISTED CHAIR OR SOME OTHER, YOU KNOW, APPLIANCE THAT WOULD GET HIM TO THE STEPS OR TO GET HIM TO THE DOOR? UH, IT IS FAIRLY UPHILL.
'CAUSE THE HOUSE IS BUILT ON A HILL, SO THAT WOULD BE A LITTLE HARDSHIP.
AND LIKE I SAID, SINCE THE, UH, THE DRIVEWAY IS THERE THOUGHT THE, THE BEST WAY WAS TO JUST APPLY FOR THE TEMPORARY VARIANCE.
AND WHY DO YOU NEED IT TO GO CIRCULAR SO THAT IT GOES UP AND THEN DOWN AGAIN? WELL, ONE OF THE, WELL, THAT WAS SORT OF ALLOW FOR THE VEHICLE TO GO.
BUT ONE OF THE PROPOSALS WHEN I INITIALLY SAID WAS TO JUST DO A HALF, UM, A PATH WHERE THE CAR COULD JUST GET TO THE DOOR.
AND EVEN IF HAD TO BACK OUT, I WAS WILLING TO DO THAT.
BUT THAT DIDN'T TAKE ANY, I DON'T THINK, I DON'T KNOW IF THE BOARD CONSIDERED THAT AT ALL, OR, BUT, BUT THAT WAS PART OF THE REVISED PROPOSAL.
AND JUST TO, UH, REFRESH MY UNDERSTAND THAT THE MATERIAL THAT NOW COMPRISES THE DRIVEWAY IS WHAT GRAVEL, AND IT'S YOUR CONDITION THAT YOU WOULD REMOVE THAT WHEN IT WAS NO LONGER NECESSARY.
THE NEEDS NO LONGER FOR YOUR FATHER.
IS THAT SOMETHING THAT YOU COULD DO ON AN, ON AN ANNUAL BASIS TO PROVIDE THE TOWN WITH THE FACT THAT, UH, YOU STILL HAVE A NEED FOR IT? SURE.
ANY OTHER QUESTIONS? UM, DO YOU REALLY FEEL THAT WHEN NECESSARY YOU THEN WOULD BE ABLE TO REMOVE THE CIRCULAR DRIVE AND TAKE IT BACK TO ITS ORIGINAL CONDITION? YEAH.
YOU, YOU DO UNDERSTAND, OF COURSE, THE REASON WHY WE'RE HESITANT TO GRANT YOU THIS, UM, THIS APPLICATION.
I, TO BE HONEST, I DON'T, BECAUSE I DID HAVE, YOU KNOW, IT POINTED OUT THERE WERE, I DON'T KNOW IF IT WAS AN AESTHETIC THING.
'CAUSE I DID POINT OUT THERE WERE OTHER CIRCULAR DRIVEWAY, SO I'M NOT QUITE SURE UHHUH
LIKE I SAID, THE NEED WAS FOR WHEN IT WAS DONE.
IT WAS BOTH MY PARENTS, BUT UNFORTUNATELY NOW IT'S, AND FOR MY FATHER.
BUT IF YOU READ HOW THE BUILDING DEPARTMENT SEES IT, THE DRIVEWAY MAXIMUM IS TO BE, YOU KNOW, 30 FEET PERMITTED.
HOWEVER, IF THIS GOES INTO PLACE, THEN IT'S GOING TO BE 82.75 FEET.
THAT'S A LOT FOR A DRIVEWAY ON A SMALL HOUSE.
SO THAT'S HOW THE, THE CODE, YOU KNOW, INTERPRETS IT.
RIGHT? WELL, LIKE I SAID, IT WAS, I WAS ADVISED BY THE BUILDING DEPARTMENT TO TRY TEMPORARY VARIANCE TO, TO BE PERMISSIBLE.
SO I, I, I'VE NEVER MET MR. LONG EXCEPT FOR HERE AT THE MEETINGS, BUT I DO LIVE DOWN THE STREET FROM HIM
[01:25:01]
PROBABLY ABOUT 10 HOUSES AWAY AND DRIVE BY HIS PROPERTY THAT IT IS NOT OVERWHELMING.I ALSO SEE HIM PROBABLY ONCE A WEEK, MAYBE TWICE A MONTH, ACTUALLY DRIVING HIS FATHER UP TO THE STAIRS AND, UM, GETTING HIM UP THE STAIRS.
THE STAIRS ARE A LITTLE NARROW.
UH, HE, THEY'RE NOT AS NARROW AS INDOOR STAIRS, SO HE'S ABLE TO LIKE, GET ON THE SIDE OF HIS FATHER AND HELP HIM UP THE STAIRS AND THE STAIRS.
IT, IT KIND OF, THE PICTURES OF THE PROPERTY ARE DECEIVING BECAUSE IT IS UP AT THE TOP OF THE HILL.
AND THE WALKWAY WAS NOT A FLAT WALKWAY? NO, IT WAS, IT WAS, THERE HAD STEPS THAT HE REMOVED.
SO THERE WERE MORE STAIRS WHEN THERE WAS STEPS GOING UP.
PROBABLY LIKE FOUR OR FIVE FROM, THEY WERE PRETTY LONG.
AND THEY WERE LONG, IT WAS LIKE A LONG WALKWAY THAT WAS ELEVATED.
SO HE LEVELED THAT OUT IN ORDER TO DO THAT AT THAT TIME.
SO, UM, IT ISN'T OVERWHELMING TO THE PROPERTY JUST FROM AN AESTHETIC.
THERE WAS A WALKWAY THAT WAS LEVELED OUT.
THERE WAS IN THE DRIVEWAY WALKWAY THERE A, THERE WAS A WALKWAY.
THERE'S A WHOLE SERIES OF, SO THERE IS, THERE'S A WALKWAY THERE.
NO, THERE WAS NO, THERE THERE IS NO WALK DID NO LONGER.
SO THE WALKWAY WAS TAKEN OUT WHEN YOU PUT IN THE DRIVEWAY WAS TAKEN OFF.
YEAH, RIGHT IN LIE OF THE DRIVEWAY.
BUT IT WASN'T A FLAT WALKWAYS.
BUT, BUT IT WAS TAKEN OUT FOR THE DRIVEWAY.
ANYONE IN THE AUDIENCE HAVE ANY COMMENTS ON THIS? THE ONLY QUESTION THAT I HAVE FOR IS, LIZ, IF YOU COULD JUST, UM, HAVE, HAVE, UM, THANK YOU
UM, SO IT, UH, IF WE WERE TO GRANT A TEMPORARY VARI VARIANCE, IS THAT SOMETHING IN LINE WITH WHAT YOUR DEPARTMENT COULD DO? LIKE MAKING SURE ONCE A YEAR THAT HE AS, AS OUR CHAIRPERSON HAD SAID, LIKE MAKING SURE THAT LIKE, YOU KNOW, THE CIRCUMSTANCES STILL EXIST AND EVERYTHING.
SO WE CAN MAKE THAT PART OF THE CONDITION OF A, A CERTIFICATE AND THE PERMIT THAT THERE'S AN ANNUAL RENEWAL REQUIRED.
UM, AND MR. LEON, UM, WOULD BE AMENABLE TO THAT, AS YOU JUST SAID.
SO, UM, SIMILAR TO OTHER SPECIAL PERMIT APPLICATIONS, WHICH IS MORE, UM, HOW WE DO THAT.
WE WOULD REQUEST A CERTIFIED LETTER EVERY YEAR, UM, TO RENEW A, A TEMPORARY, WE DO IT AS A TEMPORARY CO RENEWABLE ANNUALLY.
ANY OTHER COMMENTS? ALL RIGHT.
AND THE NEXT CASE ON TONIGHT'S AGENDA IS CASE 24 26 73 SALEM ROAD.
LEMME JUST SHARE THIS SCREEN REAL QUICK.
UM, MADAM CHAIR, MEMBERS OF BOARD, THANK YOU FOR HEARING THIS APPLICATION.
UH, MY NAME IS JAKE JAI AND I WORK FOR THE LAW FIRM, ABRAMS FESMAN, ALONG WITH, UH, PARTNER AL PIRRO WHO REPRESENT THE YEAH, THAT'S, IS IT TOO CLOSE? IS COULD BE.
SO, AS I WAS SAYING, BETTER, UH, MY NAME IS JAKE JASI AND I WORK FOR THE FIRM ABRAMS PENMAN, ALONG WITH, UH, PARTNER AL PIERO, WHO'S HERE TONIGHT.
UM, WE REPRESENT THE APPLICANT'S JOSE AND JOSEPH NICOSIA OF WHO ARE THE OWNERS OF SEVEN THREE SALEM.
UM, WE WERE GRATEFUL TO HAVE RECEIVED
[01:30:01]
AN EMAIL CONTAINING A LE A LETTER FROM LIZ GARRITY, WHO IS THE DEPUTY BUILDING INSPECTOR.AND SHE CORRECTED OUR INTERPRETATION ON THE INSPECTOR'S DETERMINATION.
THEREFORE, WE ARE SEEKING TO WITHDRAW A PORTION OF THE APPLICATION THAT'S LOOKING, SEEKING TO OVER, IN TURN THAT INSPECTOR'S DETERMINATION.
AND WE'RE LOOKING TO MOVE FORWARD WITH THE THREE VARIANCES REQUESTED.
UM, AS MS. GARRITY CLEARED UP THE BUILDING IN 1952, WHEN IT WAS APPLIED FOR THE BUILDING APPLICATION AND BUILT, IT WAS IN OH TWO ONE FAMILY DISTRICT, WHICH REQUIRED 25 FRONT YARD, UH, 30 FEET REAR, AND 12 FOOT ON THE SIDES, AND THEN A TOTAL OF 30 FEET.
IN 1957, THE, UH, ZONING CHANGED TO R 15 SINGLE FAMILY, WHICH IS APPLICABLE TODAY.
AND, UH, THIS ZONING HAD SETBACKS OF 27 FOOT FRONT YARD, WHICH IS A TWO FOOT DIFFERENCE FROM PREVIOUS, THE SAME 30 FOOT REAR AND 14 FOOT SIDE YARDS.
AND THE TOTAL STAYING AT 30 FEET.
UM, THE CURRENT STRUCTURE, AS SHOWN ON THE MAP, HAS A 13 EIGHT FOOT SETBACK ON ONE OF THE SIDES, WHICH IS THE NORTHERN SIDE ON THE TOP.
AND A 13 SIX FOOT, 13.6 FOOT SETBACK ON THE SOUTHERN SIDE OF THE PROPERTY.
THE TOTAL WOULD COME UP TO BE 27.4, WHICH IS SHORT OF THE 30 FOOT REQUIREMENT, UM, AS THE DEPUTY BUILDING INSPECTOR STATED IN THEIR LETTER.
UM, AND ACCORDING TO THE RECORDS, THERE WERE NO VARIANCES EVER GRANTED FOR THE PROPERTY.
SO IN JULY, WHEN THE APPLICATION WAS SUBMITTED TO THE BUILDING DEPARTMENT FOR A SECOND STORY ADDITION, THE BUILDING INSPECTED DENIED IT FOR NON-CONFORMING BUILDING IN THE R 15 ZONING DISTRICT.
SO THE TOTAL LIVING AREA OF THE PROPERTY IS 1815 SQUARE FEET ON THE FIRST FLOOR AND 1298 ON THE SECOND FLOOR.
AND WE SEEK TO ADD 185 SQUARE FEET ADDITION TO THE SECOND FLOOR FOR PURPOSES OF BATHROOM FACILITIES.
UM, THE SECOND FLOOR ADDITION, AND THIS IS THE MAIN POINT, WILL NOT EXPAND UPON THE DEFICIENCIES THAT ALREADY EXIST ON THE SETBACKS.
RATHER, IT WILL MAINTAIN THE PRESENT FIRST FLOOR EXTERIOR WALL.
SO YEAH, WE'RE, UM, SEEKING ON THE TOTAL SIDE LOT, A 2.6 FOOT VARIANCE, UM, ON THE NORTHERN SIDE, A 0.2 FOOT VARIANCE, AND ON THE SOUTHERN SIDE OF 0.4.
AND IN THE INTEREST OF TIME, THE BREAKDOWN OF THE FIVE FACTORS OF THE TOWN LAW, SECTION 2 67 B THREE IS IN THE APPLICATION.
AND I WOULD LIKE FOR THAT TO JUST BE READ IN AS OPPOSED TO GOING THROUGH IT.
I JUST HAVE ONE QUESTION IF I COULD FOR YOU.
I JUST WANT TO MAKE SURE I HAVE THE RIGHT INFORMATION.
SO THE HOUSE WAS BUILT IN 19 54, 52, 52.
AND IT, THE FOOTPRINT THAT EXISTS TODAY, YOU'RE NOT CHANGING THE FOOTPRINT.
FOOTPRINT, IT WAS WITHIN ESSENTIALLY THE ZONING LAWS AT THAT TIME.
BUT THEY CHANGED IN, YOU SAID 19 50, 57.
IT WAS NOT, IT ACTUALLY, ACCORDING TO THE DEPUTY, UM, BUILDING SPECTER, IT WAS NOT CONFORMING AT THE TIME IT WAS BUILT EITHER.
THAT WAS MY QUE YES, THAT WAS GONNA BE MY NEXT QUESTION.
BUT YOU'RE NOT CHANGING THE, THE FOOTPRINT.
IT'S THE, IF YOU SEE ON THE MAP, IT'S THE NORTHERN SQUARE THAT'S STICKING OUT.
WOULD BE WHERE THE BATHROOM IS SEEKING TO GO.
UM, I'M TRYING, I WAS TRYING TO LOOK THROUGH YOUR DRAWINGS AND, UM, YOU HAVE ALL THE DIFFERENT VIEWS, BUT I NEVER KNOW WHAT'S BEFORE AND AFTER.
THEY'RE NOT LABELED AND THERE DON'T SEEM TO BE COMPARISONS.
SO THERE, DO YOU HAVE ANYTHING THAT SHOWS THE BEFORE AND AFTER, JUST SO THAT WE CAN SEE WHAT YOU'RE TALK, YOU KNOW? YES IT IS.
I ASSUMED THAT WAS AFTER I WASN'T SURE, BUT DO YOU HAVE A COMPARISON OF A BEFORE?
[01:35:01]
BLESS YOU.I DON'T ASSUME OF ANY OF THE SIDES.
YOU DON'T HAVE COMPARISON OF ANY OF THE SIDES BEFORE AND AFTER.
NOT IN THIS SLIDE, BUT I THERE MIGHT BE IN THE AFTER.
WE CAN PROVIDE SUCH, YOU SEE THAT? WHAT, WHAT DO YOU WANNA SEE WHAT IT LOOKS LIKE NOW? YEAH.
JUST TO SEE WHAT THE DIFFERENCE IS TO JUST GETTING VERIFICATION.
'CAUSE WE'RE NOT SEEING ANY BEFORE AND AFTER LET JUST FIRST FLOORS OR SECOND FLOOR.
OH, THERE'S NOTHING, THERE'S NO COMPARATIVE BEFORE IT'S, I HAVE COMMISSIONER D UP THE STREET HERE, SO YOU CAN SEE WHAT IT LOOKS LIKE NOW.
EVEN THE FLOOR PLAN IS ONLY THE SECOND FLOOR.
IS THAT THE BACK OR THE FRONT DESK? THIS IS THE FRONT.
SO LEMME LOOK AT THE PICTURE OF THE FRONT.
IT DOESN'T, IT'S THIS THAT'S NOT ON THE PHOTO.
THIS IS, IS THAT, AND THEN HERE'S THE THREE THINGS.
BUT THIS ISN'T, THIS ISN'T IN THE PHOTO.
THE BUILDING IS, IT'S, IT'S NOT ON THAT PHOTO.
YEAH, BUT THIS, BECAUSE THIS IS EXISTING.
YEAH, BUT THEY'RE NOT, BUT THEY'RE SAYING THEY'RE NOT CHANGING THE FOOTPRINT.
IT'S, I THINK IT'S IN THE BACK.
IT'S CLEAR SIDE YARD AREA THEY'RE ASKING.
IS SO I THINK WHY WE'RE A LITTLE CONFUSED AND WHY I ASKED THE QUESTION IS WE'RE LOOKING AT THE VIEW OF THE HOME.
IT DOESN'T LOOK LIKE THAT'S ON THE EXISTING HOUSE.
SO IT LOOKS LIKE IT WOULD BE IN ADDITION TO THE FRONT.
THAT I THINK THAT'S WHY WE WERE A LITTLE CONFUSED.
THE, RIGHT NOW THE ADDITION'S ONLY THE LEFT.
THE SECOND THE, THE, JUST JUST THE BATHROOM, THE TOP FLOOR.
I CAN TELL ON THE PHOTO THAT WE HAVE OF THE EXISTING HOUSE, THE RIGHT HAND SIDE PAST THE WINDOWS.
DOESN'T EXIST IN THE PHOTO, BUT EXISTS ON THE DRAWING.
I, IT IS JUST THE, CAN WE HAVE GARRETT PULL UP THE, YEAH, THANK YOU.
DO YOU WANNA STOP SHARING? UH, I'LL HAVE PICTURE.
I THINK IT MIGHT BE BECAUSE THAT'S WHAT HE'S, YEAH.
IF YOU COULD REITERATE THE ADDRESS, PLEASE.
I APOLOGIZE IF IT'S NOT GREAT.
SO YOU COULD SEE WHAT WE WERE SAYING IS LIKE, WHEN YOU LOOK AT THE HOUSE, IT DOESN'T LOOK LIKE THE STRUCTURE THAT YOU HAVE ON THE RIGHT.
SO IT LOOKS LIKE YOU'RE ACTUALLY CHANGING THE FOOTPRINT THAT THAT'S HERE'S YOUR DOING.
YEAH, NO, IT'S JUST ABOUT RIGHT ABOVE THAT LEFT RIGHT HERE.
THIS, THERE'S LIKE A DEN UNDER THERE.
THIS, THIS SIDE OF THE HOUSE HAS ALL THIS DRAWN ON IT AS YOU'RE AFTER.
IT MIGHT BE BECAUSE OF THE ANGLE.
THAT'S WHAT I'M SUSPECTING THAT THEY, BECAUSE YOU'RE, IT'S NOT, IT'S NOTHING CHANGING ON THE RIGHT SIDE.
LITTLE BIT ON THE ROUTE HAND SIDE.
COULD YOU, COULD YOU CLOSE? YEAH.
COULD YOU GO TOWARD THE RIGHT SIDE AND LIKE, THERE'S THE FOUR COLUMNS JUST TO GO A LITTLE FURTHER OVER TRUCTURE.
THAT'S WHY I SAID IT'S JUST THE, I THINK IT'S PROBABLY THE ANGLE.
THERE'S NOTHING CHANGING ON THE RIGHT SIDE.
THAT'S WHY I ASKED THE QUESTION.
BUT THAT'S WHY I WAS LOOKING FOR BEFORE AND AFTERS.
IF THERE WERE A, BEFORE I COULD HAVE SEEN IT.
[01:40:08]
ANY OTHER QUESTIONS? IT'S ROUGH.I DON'T HAVE ANY, ANYONE IN THE AUDIENCE.
I'M NOT TRYING TO BE A B***H JUST TO PASS THE QUESTION BECAUSE I WAS CONFUSED EXACTLY LIKE YOU AND, BUT WHEN HE SAID IT'S EVERYONE CHANGING THE FOOTPRINT, I TOOK HIS WORK FIGURE.
IT'S JUST NOT SHOWING THE PICTURE.
AND THE NEXT CASE THIS EVENING IS CASE 24 27.
THIS IS ALL GOLDBERG AND, UH, CHARLIE SINI IS OUR ARCHITECT WHO IS, IS JOINING AND WILL BE THESE.
UH, CHARLIE'S TRYING TO, UH, JOIN AND HE NEEDS, HE SAID THAT, UH, CAN YOU PLEASE UNMUTE HIM AND GIVE HIM ACCESS TO PRESENT? PLEASE UNMUTE HIM.
UM, IS THAT IPAD SIX? YEAH, I, I IS THIS, UM, THE DESIGN PROFESSIONAL FOR THE ROXBURY ROAD APPLICATION? YES.
I DON'T HAVE ANY INTRODUCE YOURSELF AND, UM, PLEASE BEGIN.
IT'S OKAY IF YOU DON'T HAVE VIDEO, IF YOU CANNOT ENABLE THAT.
DO YOU ME TO SHARE SCREEN OR DO YOU HAVE PLANS? I HAVE THE VIDEO
DO YOU NEED ME TO SHARE SCREEN WITH PLANS OR DO YOU HAVE THEM? I, I HAVE THEM.
DO YOU HAVE THAT CAPABILITY? PLEASE PROCEED.
MY NAME IS CHARLES S AND I'M THE ARCHITECT REPRESENTING THE HOMEOWNERS OF 14 ROXBURY ROAD.
AND WE ARE HERE TONIGHT SEEKING AN AREA VARIANCE FOR THE RECONSTRUCTION FROM AN EXISTING ONE STORY, ONE CAR GARAGE.
THIS, UH, SITE IS AN EXISTING NON-CONFORMING LOT.
SO EVEN WITH THE GARAGE ON THE SITE, UH, EVERYTHING NEEDS A VARIANCE IS ESPECIALLY THE REAR YARD, SIDE YARD DISTANCE TO THE HOUSE AND LOT COVERAGE.
SO I'VE CHECKED WITH GOOGLE MAPS FOR AS FAR BACK AS IT GOES.
I BELIEVE IT STARTED IN 2000 AND YOU COULD EVEN STILL SEE THAT THE, UH, GARAGE WAS THERE.
NO ONE CAN DETERMINE WHEN THIS GARAGE WAS EVER BUILT.
UH, THE HOMEOWNERS BOUGHT THE HOUSE WITH THE GARAGE THERE AND LAST YEAR, I BELIEVE IT WAS THE, UH, TREE THAT WAS ADJACENT TO THIS GARAGE CAME CRASHING DOWN AND DESTROYED THE GARAGE, AS YOU CAN SEE, AND THE PICTURES ON THE DRAWING.
SO WE ARE NOT INCREASING THE SIZE OF THE GARAGE IN TERMS OF HEIGHT OR WIDTH OR DEPTH.
EVERYTHING'S GONNA REMAIN EXACTLY THE SAME EXCEPT THAT EVERYTHING HAS TO BE RECONSTRUCTED AND IT'D BE BUILT WITH WOOD FRAME AND BRICK, UH, NEW GARAGE DOORS, NEW WINDOWS, EVERYTHING TO MATCH EXACTLY WHAT IT SHOWS IN THE COLORED PHOTOGRAPHS.
[01:45:07]
I DON'T KNOW.ON THE AGE OF THE EXISTING GARAGE, YOU SAID YOU HAD GONE BACK AND, AND, UM, LOOKED THROUGH GOOGLE AND THEN ON YOUR PAPERWORK YOU SAID THAT THE GARAGE WAS OVER A HUNDRED YEARS OLD.
UM, UM, THAT MIGHT HAVE BEEN ALL I WROTE THAT I DON'T KNOW THE AGE OF THE GARAGE.
'CAUSE I WAS GONNA SAY, I DON'T THINK PEOPLE, ACTUALLY, A LOT OF PEOPLE HAD GARAGES A HUNDRED YEARS AGO,
UM, BUT WHEN, WHAT WAS THE DATE THAT YOU ESTABLISHED THAT IT DID EXIST? UH, 2000, I BELIEVE.
YOU KNOW, THE GOOGLE MAP IMAGES IS EXTREMELY PIXELATED BACK THEN BECAUSE OF TECHNOLOGY.
BUT WE DID SEE SOMETHING THERE.
CAN'T MAKE OUT IT IF IT'S THE GARAGE OR IF IT COULD HAVE JUST BEEN A CONCRETE PATIO, BUT THERE WAS SOMETHING THERE.
SO WE CAN'T REALLY, THERE'S NO WAY TO DETERMINE UNLESS NEIGHBORS IN THE AREA WHO'VE LIVED THERE FOR A LONG TIME MIGHT HAVE PICTURES OF SOMETHING DIFFERENT.
BUT WE, WE TRIED TO ASSESS ANYTHING WE POSSIBLY COULD TO VERIFY WHAT WAS THERE.
AND WE, WE CAN'T COME UP WITH ANYTHING.
BUT BASED ON THE AGE OF THE CONSTRUCTION, WHEN YOU LOOK AT THE WOOD INSIDE, IT'S VERY OLD WOOD CONSTRUCTION.
SO I'M ASSUMING THIS WAS PROBABLY IN THE FIFTIES, IF I MAY ADD, UH, WE PURCHASED THE HOUSE IN, UH, 1999, THE GARAGE AND THE HOUSE IS BUILT FROM EXACTLY THE SAME BRICK.
WE HEAR OF THE PAPERS OF THE PURCHASE.
WE HEAR OF THE PICTURES OF THE PUR PURCHASE.
WE DIDN'T DO ANYTHING WITH THE GARAGE.
THIS IS THE WAY IT WAS ORIGINALLY BUILT AND HOW WE PURCHASED THE HOUSE.
UM, OBVIOUSLY A 50% INCREASE IN, UM, IMPERVIOUS COVERAGE AMONG THE, OVER THE REQUIRED AMOUNT, UM, IS A LOT.
WAS THERE, DID YOU TRY TO DO, COME UP WITH ANY OTHER MITIGATING MEASURES TO ASK FOR A SMALLER INCREASE IN IMPERVIOUS COVERAGE? YOU KNOW, THINGS LIKE REDUCING THE SIZE OF THE PATIO OR DOING ANY OF THAT STUFF THAT WOULD MAKE THIS A GREENER LOCATION IN A SINGLE FAMILY RESIDENTIAL DISTRICT? THAT DID NOT COME UP AT ALL.
AND THAT WAS NOT INVESTIGATED.
THE SIZE OF THIS PROPERTY IS THOUSAND, UH, WHAT IS THAT? 2000 SOMETHING SQUARE FEET LESS THAN WHAT'S REQUIRED.
SO IT IS A HARDSHIP ON THE HOMEOWNER TO DO MUCH OF ANYTHING ON THIS LOT.
SO WE'RE NOT TRYING TO INCREASE ANYTHING.
WE'RE JUST TRYING TO REPLACE WHAT'S THERE.
WHAT'S THAT? THEY'RE MOVING WHAT WAS THERE? NO, IT WAS DESTROYED, BUT I MEANT, WELL, IT WAS DESTROYED.
I JUST DIDN'T INTERPRET IT THAT WAY.
OH, I THINK THEY'RE CONFERENCING
OH, SIR, IF YOU NEED TO SPEAK, PLEASE FEEL FREE TO UNMUTE.
I THINK SOMEONE HAD A QUESTION.
I DIDN'T HEAR WHAT WE THOUGHT SOMEONE WAS MAKING ADDITIONAL COMMENTS, BUT WE COULDN'T HEAR YOU.
NO, I ALL OF A SUDDEN ON THE SCREEN IT SAID UNMUTE FOR SOME REASON, BUT I DIDN'T TOUCH ANYTHING.
I KNOW YOU SAID YOU'RE MAKING IT A ONE, A ONE CAR GARAGE, BUT DO YOU HAVE ANY INFORMATION WITH RESPECT TO THE SIZE OF WHAT YOU'RE GOING TO, UH, HAVE NOW BASIS VERSUS WHAT WAS PERHAPS THERE BEF PREVIOUSLY? I'M NOT SURE WHAT YOUR QUESTION MEANS.
THE EXACT FOOTPRINT OF THE PERIMETER OF THE GARAGE SHOWN ON MY DRAWING IS WHAT I MEASURED IN THE FIELD THAT EXISTS TODAY.
[01:50:01]
NOT GONNA ENLARGE IN TERMS OF WET LENGTH, HEIGHT, NOTHING.THE SLABS GONNA REMAIN, THE FOOTING'S GONNA REMAIN, THE BRICK IS GONNA BE REINSTALLED AND BRAND NEW AND NEW GARAGE DOOR, NEW WINDOWS, NEW ROOF.
ANY OTHER QUESTIONS? IS THERE A LOT OF ON STREET PARKING AROUND THERE? A LOT.
I MEAN, CAN YOU PARK ON THE STREET EASILY? UH, ON THE SOUTH SIDE, YES.
HOW ABOUT IN THE WINTER? UH, YOU'D HAVE TO ANSWER THAT.
NO, I KNOW YOU CAN'T PARK ON THE STREET IN THE WINTER.
I KNOW PARKING IS TRICKY OVER THERE.
ONE, ONE THING REAL QUICK TO ADD THAT I NOTICED ABOUT THIS CONSTRUCTION.
WHEN YOU LOOK AT THIS BRICK IN THE PHOTOGRAPHS, A LOT OF BRICK CONSTRUCTION IS ATTACHED TO FRAMING BEHIND IT.
THIS CONSTRUCTION WAS BUILT WITH JUST BRICK, THAT'S IT.
WHICH IS NEVER STANDARD CONSTRUCTION, MAYBE BACK IN THE EARLY FIFTIES OR LATE FORTIES.
BUT IT'S INTERESTING THAT THIS WHOLE THING WAS BUILT WITH THE BRICK WALL BEING ONE WIDTH.
SO I'M KIND OF SURPRISED THAT THIS CONSTRUCTION EXISTS, BUT WE'RE TRYING TO DATE IT.
UM, BUT THAT'S, THAT'S WHAT I RECOGNIZE.
IT'S VERY BIZARRE CONSTRUCTION.
ANY COMMENTS FROM YOUR NEIGHBORS? UH, NO.
I SPOKE WITH EVERYBODY AROUND.
THEY AWARE THEY RECEIVED THE LETTERS.
UH, WE HAVE THE SIGN IN THE FRONT OF THE HOUSE.
UH, NO ONE HAS ISSUES WITH THAT.
IT'S THE SAME GARAGE THAT WE HAD BEFORE THAT WE WOULD LIKE TO REBUILD.
ANYONE ELSE HAVE ANY COMMENTS, HEARING NOTHING? WE WILL MOVE ON.
AND THE NEXT CASE IS CASE 24, 28 35 WHI WHITTIER STREET.
I'LL GET STARTED WHILE MY COLLEAGUE, UH, SHARES THE SCREEN.
CHAIRWOMAN, UH, BLUNTING SMITH, UH, MEMBERS OF THE ZONING BOARD OF APPEALS AND STAFF.
UM, SO I'M HERE, UH, REPRESENTING, UH, 35 WHITTIER STREET, ALONG WITH MY COLLEAGUE DAVID GESSEL.
THAT'S K-E-L-L-A-N-C-A-N-T-R-E-L-L.
UM, SO THIS IS THE APPLICATION OF, UH, MR. AND MRS. DEVITO, UH, FOR AN AREA VARIANCE REQUEST TO ENCROACH INTO THE SIDE YARD SETBACK TO EXTEND AN EXISTING DRIVEWAY.
UH, REALLY THEY'RE TRYING TO CREATE AN EXTRA PARKING SPACE.
SO I'LL GIVE A LITTLE BACKGROUND AND THEN, UH, GET INTO THE ACTUAL PROPOSAL.
UH, THE EXISTING RESIDENCE AT 35 WHITTIER STREET WAS BUILT IN 1955 WITH A ONE CAR GARAGE.
UM, THE ONE CAR GARAGE DOES NOT CURRENTLY FIT THE HOMEOWNER'S SUV AND THE CURRENT DRIVEWAY ONLY ACCOMMODATES TWO CARS STACKED, ONE BEHIND THE OTHER, UM, WHICH MR. AND MRS. DEVITO EACH HAVE CARS.
SO THOSE TWO CARS FIT WITHIN THE DRIVEWAY.
UM, THE OTHER LIMITATION THAT THE DEVITO'S FACE IS THE TOWN PROHIBITION ON PARKING ON THE STREET DURING WINTER MONTHS, AS ONE OF THE MEMBERS JUST POINTED OUT.
UM, AS ONE OF THEIR, UH, CHILDREN IS NOW DRIVING, UH, TO AND FROM SCHOOL AND, UH, TRYING NOT TO PARK ON THE STREET IN THE WINTERTIME, THIS BECOMES AN ISSUE, UM, ALONG WITH SAFETY.
UH, SO THESE ARE THE CONSTRAINTS THAT THE DEVITO'S FACE.
AND, UH, THEY'VE BEEN AT THE RESIDENCE FOR 17 AND A HALF YEARS AND ARE TRYING TO MITIGATE THIS IN ORDER TO ACCOMMODATE THAT ONE PARKING SPACE.
UH, AND THEY, THEY ALSO ARE WORRIED ABOUT GETTING TICKETED IN THE WINTER MONTHS, ESPECIALLY IF ONE OF THEIR, UH, CHILDREN HAS TO PARK ON THE, ON THE STREET OR IF THEY HAVE TO PARK ON THE STREET.
UM, SO THAT'S THE BIGGEST ISSUES THAT THEY'RE, THEY'RE FACING FOR THIS ONE MORE PARKING SPACE.
UH, SO THE PROPOSAL IS TO EXPAND THAT DRIVEWAY TO ACCOMMODATE THE THREE CARS.
[01:55:02]
AND SO IN ORDER TO DO THAT, THE SETBACK REQUIRED AND THE R 7.5 IS 10 FEET ON SIDE.AND WE'RE REQUESTING A 5.3 FOOT SETBACK, WHICH IS A 4.7, UH, VARIANCE, UH, ENCROACHMENT INTO THE SIDE YARD SETBACK.
SO FOR THE BOARD'S INFORMATION, THE NEIGHBORHOOD CHARACTER SUPPORTS THIS TYPE OF DRIVEWAY.
AND THERE ARE MANY EXAMPLES WITHIN THE TWO BLOCK RADIUS OF THE DEVITO'S RESIDENCE, WHICH I THINK THAT WE SUBMITTED RIGHT HERE.
SO THERE'S SEVERAL HOMES THAT ALREADY ACCOMMODATE THE TWO CAR, UH, THE, YEAH, THE TWO CAR, UH, DRIVEWAY SIDE BY SIDE.
UH, AND THOSE GO MUCH FURTHER INTO THE SETBACK, UH, THAN THE DEVITO'S ARE REQUESTING, I THINK.
I THINK THERE'S ONE ON THE BOTTOM THERE.
THOSE TWO, THEY'RE ACTUALLY, THEY LOOK LIKE THEY'RE ABOUT A FOOT APART.
THERE'S ENOUGH SPACE FOR MAYBE A TWO FOOT ARBOR, IE.
UM, SO THIS IS WITHIN THE, THE NEIGHBORHOOD CHARACTER.
UM, SO I'LL GO THROUGH THE FIVE CRITERIA QUICKLY, UM, AND THEN I'LL HAND IT OVER TO MY, UH, THE ENGINEER OF RECORD, DAVID SEL.
UM, AN UNDESIRABLE CHANGE WILL NOT BE CREATED BY THE BOARD GRANTING THE REQUEST OF VARIANCE.
THERE ARE THREE SIMILAR DRIVEWAYS WITHIN A ONE BLOCK RADIUS, AND AT LEAST TWO OTHERS WITHIN A TWO BLOCK RADIUS.
UM, AND THE APPLICANT'S HOME, UH, EXPANDING THIS DRIVEWAY WILL KEEP IT IN THE CHARACTER OF WHAT IS EXISTING IN THE NEIGHBORHOOD TODAY.
SO THE EXPANDED DRIVEWAY WILL IN FACT ENHANCE THE NEIGHBORHOOD SAFETY BY KEEPING PARKED CARS OFF OF THE STREET, ESPECIALLY IN THE WINTERTIME 'CAUSE THEY ARE RESTRICTED BY THE CODE.
UH, SO TWO, EXPANDING THE DRIVEWAY IS THE ONLY WAY TO ACCOMPLISH BARKING THE ADDITIONAL CAR IN THE DRIVEWAY AND KEEPING THE CARS OFF OF THE STREET.
UH, THERE IS NO OTHER METHOD TO ACHIEVE THIS OUTCOME.
UH, THREE, UH, WE BELIEVE THAT THE REQUESTED, THE REQUEST IS NOT SUBSTANTIAL WHEN COMPARED TO THE OTHER PROPERTIES AS, AS YOU SEE HERE, UM, WHICH HAVE RECEIVED SIMILAR VARIANCES.
I I ASSUME ADDITIONALLY, THE VARIANCE REQUEST IS SIMILAR, IF NOT LESS THAN WHAT HAS BEEN ACCOMPLISHED BY THOSE NEIGHBORS.
UM, AND I DON'T WANNA BEAT BEAT THAT INTO THE, INTO THE GROUND.
YOU, YOU SEE THE, THE, UH, SUBMISSION AS PREVIOUSLY MENTIONED, THE PHYSICAL IMPACT TO THE NEIGHBORHOOD WOULD BE POSITIVE BY KEEPING THE CARS OFF OF THE STREET, MAKING IT SAFER ALL YEAR ROUND FOR THE DEVITO'S NEIGHBORS AND THEIR CHILDREN.
UH, ENVIRONMENTALLY SPEAKING, THERE WILL BE NO IMPACT.
THERE ARE NO WETLANDS OR WATERCOURSE WITHIN 150 FEET OF THIS PROJECT.
AND THERE ARE NO STEEP SLOPES AS CONFIRMED BY THE WETLAND CLEARANCE FORM AND STEEP SLOPE CLEARANCE FORMS THAT ARE SUBMITTED.
FOR THE RECORD, UH, STORM WATER WILL BE CAPTURED VIA COLEX.
THERE WILL BE INSTALLED IN THE REAR OF THE PROPERTY, UH, TO CAPTURE THE RUNOFF FROM THE PROPOSED DRIVEWAY EXPANSION VIA TRENCH, A FRENCH DRAIN.
UH, AND MR. G GSEL WILL SPEAK MORE ON THAT.
UM, AND IS THE SELF-CREATED? IS THIS ALLEGED DIFFICULTY SELF-CREATED? WE BELIEVE IT IS NOT SELF-CREATED BECAUSE OF THE CODE AND, UH, THE LIMITATIONS IN THE WINTER MONTH PARKING.
UM, THERE REALLY IS NO OTHER SOLUTION FOR THE DEVITO'S TO HAVE, UH, YOU KNOW, THEIR TEENAGE CHILD PARK IN THE DRIVEWAY.
UM, SO I'LL ADD THAT THIS IS THEIR FIRST VARIANCE REQUEST FOR THIS PROPERTY OWNER AND THE PROPERTY ITSELF THAT I COULD FIND IN THE RECORDS OF THE TOWN.
UM, AND SO I'LL, THEY'LL HAND THIS OVER TO DAVID GESSEL AND HE'LL GO OVER THE MORE PARTICULARS OF THE DESIGN.
GOOD EVENING, MADAM CHAIR, MEMBERS OF THE BOARD STAFF COUNSEL.
UM, ON BEHALF OF THE, UH, DEVITO'S, WE APPRECIATE THE OPPORTUNITY TO PRESENT THAT PROJECT BEFORE THIS BOARD.
UM, AS, AS MY COLLEAGUE KELLY HAS OUTLINED, UM, THE SUBMISSION OF THE BOARD IS TO REQUEST THE VARIANCE WITHIN THE SIDE YARD SETBACK FOR THIS, UM, FOR THE SONYS DISTRICT WHERE THE CODE REQUIRES 10 FEET FOR OFF STREET PARKING, WE'RE REQUESTING, UM, UH, RELIEF TO ENCROACH IN UPON THAT.
UM, SETBACK BY WAY OF BACKGROUND, UM, WHEN WE MET THE DEVITO'S, UM, INITIALLY WHEN WE LOOKED AT THE PROPERTY, WE CONCEIVED A A FOUR CAR, UH, PARKING SPACE.
YOU KNOW, TWO CARS, DOUBLE STACKED, UH, FOUR CAR CONFIGURATION.
UM, HOWEVER, UM, THROUGH FURTHER DUE DILIGENCE AND, AND UM, EXAMINATION OF THE PROPERTY, WE FOUND OUT THERE'S A, UH, A BURIED GAS SERVICE LINE, WHICH IS NOTED ON THIS DRAWING.
THAT ORANGE LINE THAT TRAVERSES FROM THE LOWER RIGHT TO THE UPPER LEFT, UM, IT'S THE RIGHT FRONT CORNER OF THE HOUSE.
UM, THE GAS SERVICE, UH, WOULD CONFLICT WITH THAT FOUR CAR OPTION.
AND I'M JUST, I'M JUST GONNA SHOW YOU THE, THE, UM, THE PLAN THAT WE CONCEIVED FOR THAT OPTION, WHICH WAS, WAS THIS HERE.
UM, AND WITH THAT PLAN, UM, WE, UH, IN RESEARCHING WHAT WOULD IT TAKE TO REMOVE, TO RELOCATE THAT GAS SERVICE? UM, WE'RE FINDING THE, THE COST WOULD BE PRETTY PROHIBITIVE.
UM, AND ALSO THE, UH, THE PLANS FOR THAT RELOCATION WOULD'VE TO FLOW THROUGH CONEDISON ENERGY SERVICES.
AND THE, UM, THE MINIMUM LEAD TIME FOR THEIR ENGINEERING TO DESIGN AND PROVIDE A LAYOUT FOR PERMIT IS AT LEAST 60 DAYS.
[02:00:02]
SO FACTORING THE LONG LEAD TIME AND THE, UM, AND THE COST.SO THE, THE VITOS DECIDED TO GO BACK TO THE THREE CAR OPTION.
I THOUGHT IT WOULD BE MORE, UH, IN LINE WITH WHAT THEIR GOALS ARE AS THEY HAVE THREE CARS.
AND, UM, AS KELLEN NOTED, UM, THE WINTER MORATORIUM, THE, UM, THE SNOW ORDINANCE IN EFFECT, UH, PLAYS A LOT INTO THE REQUEST FOR THIS, UH, VARIANCE.
AND, UM, THERE'S REALLY NO OTHER ALTERNATES ALTERNATIVES TO PROVIDING A SAFE PLACE FOR THAT THIRD CAR.
AND, UM, THE COMPARABLES THAT WE'VE PROVIDED TO YOU WERE WITHIN, PROBABLY WITHIN AN EIGHTH OF A MILE, UH, LITERALLY RIGHT AROUND THE BLOCK AS YOU DRIVE AROUND THE NEIGHBORHOOD, THERE, THERE ARE COMPARABLES FOR SIMILAR, UH, DOUBLE-EDGED DRIVEWAYS WITH, WITH PARKING WELL WITHIN THAT 10 FOOT, YOU KNOW, ZONING SETBACK.
SO WE FEEL THAT THIS APPLICATION, UM, AND REQUEST IS, UM, DEFINITELY IN KEEPING WITH THE CHARACTER OF THE NEIGHBORHOOD AND, AND PERHAPS CHARACTER OF PRIOR APPROVALS THAT THE TOWN HAS GRANTED FOR SUCH, YOU KNOW, PROJECTS.
AND WITH THAT, WE COULD OPEN UP TO ANY QUESTIONS.
IS THERE ANY THOUGHT TO PERHAPS ANY, UM, UH, ANY, ANY, ANY TYPE OF, UH, WHETHER IT'S PLANT OR FENCING, UH, BECAUSE YOU'RE NOW MOVING CLOSER TO YOUR NEIGHBOR, IS THAT, HAS THAT COME INTO PLAY OR NOT? I'M, I'M GONNA PULL A PHOTO UP IF YOU DON'T MIND, OF THE, OF THE PROPERTY.
UM, IT'S A FAIRLY OPEN LAWN AND SPACE BETWEEN THE TWO PROPERTIES.
UM, AND I GUESS TO ANSWER YOUR QUESTION, UH, YES, PLANTINGS COULD BE SOMETHING CONSIDERED.
UM, HOWEVER, IN THE ESSENCE OF, OF A PUTTING SOMETHING OVER THE GAS PIPE, UM, MOST, MOST OF THE TIMES YOU DON'T WANNA PLANT ANYTHING WHERE ROOTS ARE, OR, OR TREES WOULD, YOU KNOW, KIND OF INTRUDE UPON THAT BURIED UTILITY.
BUT, BUT THAT'S WHY I MENTIONED PERHAPS THE FENCE OR SOMETHING.
UM, THE OTHER ISSUE WOULD BE, YOU KNOW, VISUAL OBSTRUCTION, YOU KNOW, THEY'RE STILL IN A SITUATION WHERE THEY YEAH.
MIGHT HAVE TO BACK OUT OF THE DRIVEWAY.
UM, AND, AND HAVING THAT FENCE OR OBSTRUCTION MAY VIEW MAY BLOCK, UM, A VANTAGE POINT FOR, FOR THE DRIVER.
WELL, I DIDN'T MEAN ALL THE WAY TO THE STREET
YEAH, WE COULD, WE COULD TALK TO THE CLIENT.
I, I DON'T, I DON'T THINK DAVID WOULD OBJECT TO THAT.
I, I DON'T KNOW WHAT THE NEIGHBOR'S THOUGHTS ARE.
SO THERE WAS NO OBJECTIONS TO THE NEIGHBORS.
UM, AND I, I BELIEVE I, IF THE HOUSE WENT ON THE MARKET NEXT DOOR TO THE RIGHT, OR IF IT WAS FOR SALE, UM, IT LOOKED LIKE IT MAY HAVE BEEN VACANT LAST TIME WE VISITED THE PROPERTY.
SO DID YOU LOOK, UM, AT, I KNOW THAT YOU'RE LOOKING TOWARDS THE PROPERTY LINE AND THE RIGHT, BUT DID YOU LOOK AT EXTENDING THE DRIVEWAY TO THE LEFT? I KNOW THERE ARE STEPS THERE, BUT YOU WOULDN'T NEED A VARIANCE IF YOU DID THAT.
UM, WE DID, WE DID LOOK AT IT.
UM, AND, AND PART OF THE CONSIDERATION WAS FROM A DESIGN PERSPECTIVE, THE DRIVEWAY IS SLOPED DOWN TO THE PROPERTY AND WE, WE DON'T WANT TO DRAW WATER TO THE FOUNDATION MORE THAN WE HAVE TO RIGHT NOW, THE FLOW PATH FOR SURFACE WATER IS TO TOWARDS THE GARAGE DOOR, WHICH WE COULD FAIRLY, UM, EASILY INTERCEPT WITH THAT PROPOSED TRTH TRAIN.
UM, IF WE DID MOVE THE DRIVER TO THE LEFT FURTHER, UM, YOU, YOU, YOU'RE PULLING WATER TO THE FOUNDATION AND, YOU KNOW, CLOSER AND PERHAPS CREATING OTHER ISSUES.
BUT WE DID, WE DID CONSIDER THAT.
AND, AND, AND DELIBERATIONS, WE, THE DRAINAGE WAS A CONCERN.
SINCE, SINCE YOU'RE BRINGING UP, UM, WATER ISSUES AND ALL THAT, AND BECAUSE IT SEEMS TO BE PART OF THE PROJECT, COULD YOU JUST EXPLAIN WHAT'S GOING ON IN THE BACK, WHICH IS ALSO NEAR THE PROPERTY LINE? SURE.
AS FAR AS THE, THE PROPOSED AC UH, DRAINAGE MITIGATION OR I, I, I'M NOT QUITE SURE WHAT IT'S CALLED, AREA OF DISTURBANCE.
AND IT'S ABOUT AS LARGE AS THE AREA OF THE PROJECT.
WELL, THE, UM, NUMBER TWO, SORRY.
UM, SO, SO AREA OF DISTURBANCE, TYPICALLY WHEN WE SUBMIT FOR PERMIT, YOU KNOW, MORE, MORE PARTICULAR THROUGH THE TOWN ENGINEER'S, UM, OFFICE, UH, THE PLANS THEY REQUIRE FOR STORMWATER PERMITTING, UH, SWEAT PERMITTING.
TYPICALLY THEY ASK FOR AREA OF DISTURBANCE, WHICH IS NOT JUST THE PROPOSED FEATURES THAT YOU'RE BUILDING, BUT ALSO WHERE WOULD A CONTRACTOR, WHERE WOULD HE STAGE PERHAPS IF THEY DIG A HOLE, WHERE WOULD THE DIRT BE, YOU KNOW, YOU KNOW, PILED ON THE PROPERTY.
SO THAT AREA IS LARGER THAN THE, UM, THE PERIMETER OF THE PROPOSED TEX, THE DRYWALLS THAT WE'RE PROPOSING IN THE BACKYARD.
BUT THERE'S NO OTHER FEATURE TO BE BUILT OTHER THAN EXCAVATING INSTALLING THE DRAINAGE BACKFILLING AND RESTORING THE LAWN.
OH, SO IT'S NOT PUTTING IN NEW DRAINAGE TO HELP MAKE UP FOR THIS, TO COMPENSATE FOR THIS INCREASED IMPERVIOUS.
THAT IS, IT IS THAT, THAT DRAINAGE IS, IS FOR THE DRIVEWAY.
THE, THE DRAINAGE, UM, IT'S TO BE CAPTURED IN THE SHORT DRAIN ROUTE TO AN INTERIOR SUMP PUMP IN THE GARAGE AND THEN PUMPED TO THE BACKYARD.
THAT'S WHAT I THOUGHT I WAS, YEAH.
AND UM, THE NET INCREASE IN IMPERVIOUS COVERAGE IS ABOUT, IT'S ABOUT 260 SQUARE FEET, WHICH WE'RE MODELED FOR.
[02:05:07]
ANY OTHER QUESTIONS? I DON'T HAVE ANY.ANYONE OUT THERE? SOMEBODY, OH, I SEE A HAND COME UP.
UM, FOR, UM, BRINGING UP THE NEIGHBOR, 'CAUSE I'M THE NEIGHBOR.
UM, YOU WANNA PUT YOUR NAME ON PLEASE? MY NAME IS FERNANDO.
UM, I'M HERE REPRESENTING MYSELF, MY WIFE MELINA, AND OUR PROPERTY AT 41 WHITTIER STREET, UH, WHICH IS RIGHT NEXT DOOR FROM THE DEVITO'S.
ON WHICH SIDE? UM, LEFT SIDE, SO WEST SIDE.
SO, UM, MY WIFE AND I MOVED TO HARD SALE LESS THAN TWO MONTHS AGO.
UH, WE ARE FIRST TIME HOMEOWNERS AND WE ARE EXPECTING OUR FIRSTBORN IN FIVE WEEKS TIME.
UM, AND WE ARE EXCITED TO BE CIVICALLY INVOLVED IN MATTERS THAT RELATE TO OUR TOWN NOW.
SO, UM, IT IS, WE A LOT OF REGRET THAT I SAID THAT.
I SAID THAT I WISH THAT OUR NEIGHBORS HAD APPROACHED US WITH THIS MATTER BEFOREHAND.
UM, WE JUST FIND OUT ABOUT THIS ON MONDAY, AND FROM WHAT I CAN UNDERSTAND THAT THIS WAS SUBMITTED BACK ON SEPTEMBER.
SO YEAH, THAT DID NOT COMPARE WITH US.
UM, I THINK THAT HOW WE HAD THE OPPORTUNITY TO GET TO KNOW ONE ANOTHER JUST A LITTLE BIT MORE, I THINK THAT THEY WOULD'VE RECOGNIZED THAT I'D MUCH RATHER BE HERE TODAY ADVOCATING ON BEHALF OF THEIR INTERESTS RATHER THAN OPPOSING THEM RIGHT NOW.
UM, UNFORTUNATELY THE PROPOSAL, THEY'RE, THEY'RE PRESENTING WILL INCREASE THE VALUE OF THEIR PROPERTY AT THE EXPENSE OF HOURS.
UM, ACCORDING TO THEIR APPLICATION, THEY'RE TRYING TO CREATE, UM, SPACE FOR AN ADDITIONAL VEHICLE, UM, WHICH ACTUALLY, UH, IT WILL BE A FOURTH VEHICLE BY NOW.
AND, UM, UM, IT IS EVIDENCE TO ME THAT THEY'RE NOT MAKING USE OF THEIR OWN VERY PARKING GARAGE.
UM, I'VE SEEN FOR ALL, ALL FOUR VEHICLES, AND I KNOW THERE'S A COMPACT CAR.
THEY FIT, I HAVE A COMPACT, COMPACT CAR, THE SAME KIND OF GARAGE AND MINE FITS.
UM, THEY MAY BE USING THEM FOR STORAGE, BUT NOT FOR ACTIVE PARKING FOR THE TIME BEING.
UM, IT SEEMS UNNECESSARY FOR ME, UH, TO ME TO BREAK OUT ZONING ORDINANCE RATHER THAN SIMPLY REVERTING TO THE GARAGE'S INTENDED PURPOSE.
UM, MOREOVER, THE ARGUMENT THAT IT HELPS THEM COMPLY WITH THE SNOW PARKING ORDINANCE IS NOT REALLY PERSUASIVE BECAUSE LIKE EVERYBODY ELSE, UH, WE MUST ALL COMPLY WITH THE ORDINANCE IN THE FIRST PLACE.
UM, IF ANYTHING, WE'LL BE EFFECTIVELY, UH, BE ALLOWING THE BREAKING OF A RULE, UH, IN ORDER TO AVOID BREAKING ANOTHER RULE.
UM, SECOND, THERE'S ALSO, UM, THE PRETTY OBVIOUS ALTERNATIVE, WHICH I BELIEVE WAS BROUGHT UP BY THE BOARD TO EXPAND THE DRIVEWAY TOWARDS THEIR OWN FRONT YARD RATHER THAN TO, UH, THE PROPERTY LINE THAT SEPARATES US.
UM, IF THEY WERE TO EXPAND TOWARDS THEIR OWN FRONT YARD AND NOT TOWARDS OUR PROPERTY, THEN THERE WOULDN'T BE A NEED TO BREAK THE ORDINANCE IN THE FIRST PLACE.
AND THIRD, ALSO, THEIR APPLICATION ALSO STATES THAT THREE OTHER PROPERTIES IN OUR NEIGHBORHOOD ALREADY DID THE EXACT KIND OF EXPANSION WITH SIMILAR ZONING REARRANGEMENTS.
UM, SO, UM, ONE IS IN 29 WHITTIER, WHICH IS, UH, THE OTHER NEXT DOOR NEIGHBOR, A SECOND IN ONE 10 EMERSON AND A THIRD IN ONE 16 EMERSON.
UNFORTUNATELY, I DID NOT HAVE ENOUGH TIME TO SEEK THE PAPERWORK THAT WAS FILED AT THE TIME BY THOSE OTHER PROPERTIES TO BETTER UNDERSTAND THEIR CIRCUMSTANCES.
UM, HOWEVER, MY WIFE AND I, WE WERE, WE DID A WALK THE OTHER DAY AND SURVEYED THE PREMISES AND, UM, IT TURNS OUT THE TWO EMERSON PROPERTIES ARE RIGHT NEXT TO ONE ANOTHER, RIGHT.
UM, AND, UH, THEY SEEM TO HAVE DONE THE, EXACTLY THE SAME POSITION EXPANSION OF THEIR DRIVEWAYS TOWARDS ONE ANOTHER.
RIGHT? SO THEIR DRIVEWAYS ARE SIDE BY SIDE.
IN OUR CASE, UM, THEIR EXPANDED DRIVEWAY WE'RE NEAR CLOSER TO OUR PROPERTY, TO OUR FRONT YARD, WHICH ACTUALLY WE INTEND TO LEVERAGE AS MUCH AS POSSIBLE WITH OUR SOON, WITH OUR SOON TO BE NEWBORN.
IN THE CASE OF 29, WHITTIER RIGHT, WHICH IS THE, THEIR OTHER SIDE NEIGHBOR, THEIR EXPANDED DRIVEWAY IS VERY WELL PROTECTED BY A PRIVACY TREE LINE THAT YOU GUYS MENTIONED, UH, THAT SEPARATES THE TWO PROPERTIES.
THERE IS NO DELINEATION OF ANY INTENTION TO CREATE SUCH A BARRIER, UM, THAT COULD HELP MITIGATE THE IMPACT THAT THE PROPOSED EXPANSION COULD HAVE ON THE VALUE OF OUR PROPERTY.
UM, IF THERE WAS A PRIVACY WALL FEATURE, WHICH IS WHAT I THINK THAT WE COULD HAVE PERFECTLY WORKED OUT HOW WE TALKED ABOUT IT, UM, WE WOULD EXPECT IT TO HAPPEN AT THEIR COST AND ALSO TO BE ON THEIR PROPERTY AND NOT OURS.
UM, THE NOISE, THE DUST, AND WHAT WILL BE PRETTY MUCH THE PERPETUAL PRESENCE OF HEADLIGHTS COMING INTO OUR, UH, FACING INTO OUR FRONT LIVING ROOM WINDOW, UM, ARE ALSO ADDITIONAL
[02:10:01]
CAUSES FOR CONCERN ON OUR BEHALF.WITH THAT, I HOPE THAT, UH, FIRST THAT OUR OBJECTION TO THIS APPLICATION IS TAKEN INTO CONSIDERATION BY THE BOARD, UH, THAT THE BOARD BETTER UNDERSTANDS THAT THE VITOS LACK ENOUGH JUSTIFICATION TO BYPASS THESE, UH, ZONING, UH, BURDENS THAT WE ALL SHARE AS RESIDENTS IN OUR TOWN.
AND THIRD, ALSO THAT THE, THAT THE DDOS DON'T, UM, HOLD ANY ILL WILL ABOUT THIS.
MELINA AND I ARE SINCERELY GLAD TO HAVE THEM AS NEIGHBORS AND WE LOOK FORWARD TO YEARS OF, UH, SUPPORTIVE COEXISTENCE AND MORE PREFERABLY FRIENDSHIP.
COULD I, COULD I ASK YOU A QUESTION, FERNANDO? YES.
AND I SAY FERNANDO, BECAUSE YOU DIDN'T SAY YOUR LAST NAME, BUT
WOULD YOU MIND HAVING CONVERSATIONS WITH, UM, THE APPLICANT HERE SO THAT PERHAPS YOU COULD COME UP WITH SOMETHING THAT WOULD WORK FOR BOTH OF YOU? I'VE IN LINE WITH WHAT THEY'RE TRYING TO DO.
I'VE TRYING TO BE, I'VE BEEN TRYING TO BEFRIEND ABSOLUTELY EVERYBODY IN THE NEIGHBORHOOD AND LIKE TO THEM AS WELL.
WE LITERALLY HAD A BABY SHOWER TWO SUNDAYS AGO AND WE BROUGHT 'EM CAKE.
LIKE I REALLY WISH THEY HAD BROUGHT UP AT THAT IN THE MOMENT, AT SOME POINT IN TIME, YOU KNOW.
UM, BUT UM, YOU KNOW, I'M MORE THAN HAPPY TO HAVE THAT CONVERSATION, LIKE I STATED, LIKE I FEEL THAT HOW THEY OFFER IN THEIR PLANS A PRIVACY LINE WITH SOME TREES OR SOMETHING RIGHT.
TO HELP, YOU KNOW, MITIGATE THAT IMPACT.
WE'LL BE MORE THAN HAPPY TO HAVE THAT CONVERSATION INSTEAD OF HAVING TO COME HERE.
UM, I'M SORRY, BUT I AM TOTALLY CONFUSED.
YOU ARE TO THE LEFT OF 35 WHITTIER.
YOU ARE BETWEEN 35 WHITTIER AND 29 WHITTIER.
I'M STILL TRYING TO GET USED TO THE, THERE'S A LITTLE BIT OF A SCRAMBLE IN TERMS OF THE NUMBERS IN POETS CORNER AND HOWARD STILL, I'M TR STILL TRYING TO NAVIGATE, BUT IT DOES GO 29 THEN 35, THEN 41.
SO YOU'RE NOT TO THE LEFT OF 35 40.
WELL, OKAY, I GUESS, SORRY, SORRY.
UM, IF YOU'RE FACING THE STREET, WE ARE TO THE LEFT, BUT IF YOU ARE FACING THE HOUSE, THEN WE ARE TO THE RIGHT.
SORRY, THAT'S WHAT WAS CONFUSING ME.
THAT'S CASANOVA
SO YOU, YOU ALSO, YOU SAID YOU JUST FOUND OUT ABOUT THIS ON MONDAY, THREE DAYS AGO.
WERE YOU NOTIFIED, WAS THERE SIGNAGE OUT FRONT? SO, UM, I DON'T KNOW IF THEY OWNED THE PROPERTY WHEN THE NOTICE WENT OUT.
SO, SO WE MOVED IN AUGUST 27TH.
FROM WHAT I CAN UNDERSTAND, THEY APPLIED FOR THIS ON THE, UM, I THINK IT WAS SEPTEMBER 6TH, SO A WEEK AFTER WE MOVED IN.
UM, WE'VE HAD SOME INTERACTION WITH 'EM THAT HAVE NOT BROUGHT UP, UNFORTUNATELY.
UM, AND, UH, WE GOT A, YOU KNOW, WE GOT A NOTICE ON THE MAIL, UM, WHICH WE MAY HAVE GOTTEN IN PROBABLY LAST FRIDAY.
WE DIDN'T OPEN IT UNTIL MONDAY.
AND, UH, SO WE FIND OUT THIS VERY WEEK.
AND IS THERE A SIGN OUT FRONT? THERE WAS A SIGN THAT WAS PUT UP, I WANNA SAY, UM, THIS WEEK.
DOES YOUR WIFE WANNA SAY ANYTHING? UM, MY WIFE IS AT HOME.
SHE'S, UH, SEVEN AND A HALF MONTHS PREGNANT, SO.
SHE COULD STILL BE ON THE SCREEN.
SEE
UM, IS THERE ANYTHING THAT THE APPLICANT WANTS TO SAY AT THIS POINT? UM, YES.
AND, AND THANK YOU MR. CASTANO.
I REALLY APPRECIATE YOUR, YOUR COMMENTS AND YOUR CONCERNS.
AND, UM, JUST TO REITERATE, WHEN WE MET THE DEVITO'S, UM, THE HOUSE, THERE WAS NOBODY PRESENT.
SO HAD WE KNOWN MR. DEVITO, UM, WAS HERE, WE WOULD'VE OBVIOUSLY KNOCKED ON THE DOOR.
IS THAT SOMETHING THAT, UH, YOU WOULD CONSIDER DOING? OH, ABSOLUTELY.
I, I THINK THE, THE, THE IMPORTANCE HERE IS TO IS TO GET THE CARS OFF THE ROAD.
I MEAN, THE DEVITO'S, THEY WANNA ABIDE BY THE CODE.
THEY DON'T WANNA PARK ON THE LAWN, THEY DON'T WANNA I UNDERSTAND.
SO THEY'RE TRYING TO DO THE RIGHT THING HERE.
AND THAT'S REALLY WHAT IT'S ABOUT.
SO I THINK THINKING I'M LOOKING BECAUSE WE'VE HAD JUST, YOU KNOW, SOME SUMMER WEATHER, IT'S PROBABLY GONNA BE WINTER WEATHER NEXT WEEK THAT, AND I KNOW YOU'D LIKE, YOU KNOW, POSSIBLY AS SOON AS POSSIBLE.
UH, COULD YOU MIND, AND WE DO HAVE ANOTHER TWO CASES THAT WE HAVE TO DEAL WITH THIS EVENING? SURE.
WOULD YOU MIND HAVING A CONVERSATION OUTSIDE AND SEE IF YOU CAN COME UP WITH SOMETHING? ABSOLUTELY.
[02:15:01]
WHAT TIME IS IT? NINE 30.ALRIGHT, WE, WE JUST HIT THE, UH, ALMOST WITCHING HOUR.
AND I ASSUME THAT YOU ALL ARE FUNCTIONING TOGETHER ON THIS? NO, THEY'RE TWO SEPARATE.
I KNOW THEY'RE TWO SEPARATE CASES.
IT WAS A JOINT APPLICATION BEFORE THE CLAIM.
GOOD EVENING TO THE PLANNING BOARD, UH, FOR THE ZONING BOARD.
SO, UM, YEAH, US YOUR NAME FIRST.
OH, MY NAME IS, UH, CLARENCE PERKINS.
WE'RE AT SEVEN RITA LANE, UH, WHITE PLAINS, NEW YORK.
UM, WE'VE, UH, BEEN THROUGH, UH, UH, SOME ISSUES WITH THE NEIGHBOR REGARDING, UH, UM, A DRIVEWAY THAT, UH, IS ON OUR, UH, PROPERTY, A PART OF A DRIVEWAY THAT THEY USE THAT'S ON OUR PROPERTY.
UM, AS A RESULT, WE ENDED UP GOING TO COURT.
THIS HAS BEEN GOING ON, THIS WAS ON, THIS WAS A FEW YEARS AGO, AND WE HAD A STIPULATION AGREEMENT.
AND, UM, WHAT WE AGREED TO DO IS THE PART OF THE DRIVEWAY THAT, UM, ENCROACHES ON OUR PROPERTY, WE, WE HAD AGREED TO, TO, UH, SELL THEM THAT, THAT PART.
SO, UM, WE ARE HERE TO REQUEST, AS STATED IN OUR APPLICATION, TO HAVE THE LOT LINE ADJUSTED TO, UM, TO, TO THE REVISED LOCATION, WHICH WOULD IN EFFECT TRANSFER THE PROPERTY TO THEM.
UM, AND YOU CAN SEE IF YOU, DO YOU NEED, IF YOU LOOK AT THE, UM, THE LAST PAGE, LET'S SEE, CAN I SHARE MY CONTENT? I GUESS? UM, IF YOU LOOK AT THE SURVEY, THERE'S A SURVEY IN OUR APPLICATION AND I CAN ALSO, UH, PUT IT ON THE SCREEN HERE TOO.
AND OH, I COULD DO THAT HERE, RIGHT HERE.
SO YOU CAN SEE WHAT, WHERE WE ARE MOVING.
WE THE RE THE NATURE OF THE REQUEST THAT WE HAVE IN TERMS OF MOVING THE LINE.
UH, MR. PERKINS, DO YOU NEED ASSISTANCE ON THE SHARE? UH, I THINK I CAN DO IT.
YOU LOOKING UP? LET SEE HERE, WE DON'T SEE IT JUST YET.
I SEE YOU ON THE ZOOM, SO, OKAY, LET ME SEE.
I'M GONNA BE SHARING MY SCREEN.
SO, UM, YEAH, SO THAT'S, OKAY.
AND I'LL EXPAND THE AREA IN QUESTION.
SO BEFORE I START I CAN SAY, UH, LADIES AND GENTLEMEN, OR DO YOU SEE IT, IT'S ALSO IN YOUR PACKAGE.
THIS THING I'M SHOWING ON THE SCREEN HERE.
SO, UM, WHERE, WHERE, UH, SEVEN RITA LANE, THAT'S THE, THE MAIN AREA.
THIS IS THE SURVEY FIRST SEVEN.
AND THEN ON TOP OF THAT, TO THE TOP AREA IS THE NEIGHBOR'S, UH, UH, PROPERTY.
I BELIEVE THAT'S, UM, IS THAT EIGHT READER LANE, RIGHT? YES.
AND, UM, IF I EXPAND THIS, OKAY, UM, RIGHT NOW THE PROPERTY LINE THAT EXISTS IS THE ONE, THE MORE SOLID LINE THAT HAS LIKE THE DOTS IN IT, THE PINS.
AND IT GOES ALL THE WAY OUT TO THE STREET.
IT'S A STRAIGHT LINE, CORRECT.
AND THERE IS A ASPHALT DRIVEWAY THAT IS ON PART OF THAT THAT BELONGS TO EIGHT RITA LANE.
AND THAT'S REPRESENTED BY THAT TRIANGLE.
[02:20:01]
SO THE TRIANGLE IS OUR PROPERTY.SO WHAT WE'VE AGREED TO DO IS TO TRANSFER THAT TRIANGLE THE ENTIRE AMOUNT OF THE TRIANGLE TO THEM, UH, TO USE FOR WHATEVER PURPOSE THEY INTEND TO USE IT FOR.
AND ARE THERE ANY CONDITIONS THAT, UH, OTHER THAN THEM JUST GETTING THAT PROPERTY, IN OTHER WORDS, ANY SCREENING, ANY, WELL, THAT'S THE NEXT CASE THAT COMES IN.
THAT'S THEIR, THAT WOULD BE THEIR CASE.
ALL ALL WE, ALL WE'VE AGREED TO DO IS TO TRANSFER THE PROPERTY.
WE ARE WILLING TO, I'M SORRY, TRANSFER THE PROPERTY.
I'M GONNA MAKE SURE TRANSFER OR SELL, SELL, SELL THE PROPERTY.
SO SELL THE PROPERTY AND REVISE THE PROPERTY LINE.
THAT'S, THAT'S THAT, THAT'S, THAT'S OUR ALL RIGHT.
SO LET'S SEE WHAT THEY HAVE TO SAY.
SO THE VARIANCE YOU'RE LOOKING FOR IS ON LOT SIZE? YES.
LOT SIZE AND, WELL, WE'RE ALREADY NONCONFORMING.
AND THIS WOULD, UH, REDUCE THE SIZE OF OUR LOT, ABOUT A HUNDRED FEET, 160 SOMETHING FEET.
ANY OTHER QUESTIONS? MARION NAME IS MARYAM KILLER PERKINS.
UH, NOT ONLY DOES IT REDUCE THE, UH, AREA, 'CAUSE WE HAVE TO APPLY FOR TWO VARIANCES, IT ALSO AFFECTS THE WIDTH.
BECAUSE WE HAVE A SMALL FRONT YARD.
UM, SO IT'S GOING TO BE BOTH THE AREA 'CAUSE WE'RE LESS THAN 10,000 SQUARE FEET.
AND, UM, SO IN THIS CASE, I GUESS OUR CASE IS KIND OF SIMILAR TO THE GENTLEMAN THAT WAS HERE BEFORE WHERE THEY EXPANDED AND DIDN'T SAY, UM, SO THIS HAS BEEN GOING ON FOR TWO DECADES AND NOW WE'RE JUST TRYING TO RESOLVE IT.
AND, UM, YES, WE DID SEEK, UM, THE TOWN TO ASK HELP.
AND SO THAT'S WHY WE ENDED UP IN COURT BECAUSE WE DID NOT GET WHAT WE EXPECTED, UM, WHEN WE TOLD THEM THAT YOU WERE TRESPASSING ON OUR PROPERTY.
OKAY, SO NOW TO, SO WE CAN SETTLE OUR ESTATE, WE'RE NOT GETTING ANY YOUNGER.
UH, SO IF WE'RE ABLE TO DO A LOT SIZE, UM, UH, A LOT SIZE ADJUSTMENT, WHICH IS A TYPE TWO ACTION, THEN WE WILL DO THAT.
AND THEN WHAT THEY DO WITH THE PROPERTY AFTER THAT, THAT IS UP TO THEM.
UM, WHETHER THEY USE A PART OF THEIR LEGALIZATION, OF THEIR DRIVEWAY, THEN THAT IS UP TO THEM.
BUT WE WILL COME BACK WITH OUR COMMENTS IN REGARD TO THAT BECAUSE RIGHT NOW, UM, YOU'LL SEE THAT THEY'RE REQUIRING A ZERO SETBACK.
EXCUSE ME, DO I HAVE TO ANNOUNCE, BECAUSE WE'RE NOW PAST NINE 30? NO, IT'S 10 30.
I'M IN THE WRONG PART OF THE YEAR.
YOU'RE ON OFF, YOU'RE ON SILENT.
SO THESE ARE TWO SEPARATE CASES THOUGH.
DON'T WE HAVE TO CLOSE THE ONE OUT FIRST BEFORE WE GO INTO THIS ONE? WELL, I THINK WHAT YOU SHOULD DO IS ASK IF ANYONE OKAY.
HAS ANYTHING TO SAY ABOUT THAT ONE OTHER THAN THE, THE NEIGHBOR.
I WANT, I WANTED TO HEAR FROM THE NEIGHBOR FIRST, AND LET'S SEE IF ANYONE HAS ANYTHING TO SAY ABOUT EITHER OF THEM, BECAUSE THIS IS A, THIS IS A CUL-DE-SAC, AND IT'S, YEAH, OBVIOUSLY A SMALL NEIGHBORHOOD HERE.
SO UNLESS THERE'S SOMEBODY WHO REALLY WANTS TO SAY SOMETHING JUST REGARDING THE PERKINS PROPERTY, I'LL LISTEN.
BUT OTHERWISE I'D LIKE TO MOVE ON.
ALRIGHT, SO NOW WE CAN HEAR 24 30, WHICH IS EIGHT METER LANE.
UH, GOOD EVENING, MADAM CHAIRPERSON, BOARD COUNSEL STAFF, THANK YOU FOR HEARING OUR APPLICATION TONIGHT.
THIS LITIGATION WENT ON FOR A LONG TIME.
KEENAN BEING FOR SALVADOR, REQUESTED GIACOMO THE APPLICANT.
SO WE ARE REQUESTING TWO VARIANCES, UH, SO THAT THE DRIVEWAY THAT HE OWNS OR THAT HE SHOULD OWN, EITHER, YOU KNOW, FITS WITHIN THE RE THE, THE SETBACK REQUIREMENTS.
WE'RE ASKING FOR A ZERO SETBACK REQUIREMENT ON THE DRIVEWAY AS IT EXISTS NOW, WHERE THE PROPERTY LINE IS, THERE'S A ZERO SETBACK IN ANY EVENT.
ON THE OTHER SIDE, WE'RE ASKING FOR A SETBACK VARIANCE FROM 12.5 FEET DOWN TO TWO, I'M SORRY, FROM 12 FEET DOWN TO 2.5 FEET.
THAT'S THE WAY THE DRIVEWAY CURRENTLY EXISTS.
UH, WE'RE NOT GONNA BE BREAKING GROUND, MOVING ANYTHING, CHANGING ANYTHING.
WE JUST WANNA OWN THE DRIVEWAY THAT
[02:25:01]
HE BELIEVED HE OWNED FOR MANY, MANY YEARS.UH, THIS IS THE SETTLEMENT OF THAT LITIGATION.
WE REQUIRE THESE VARIANCES IN ORDER TO, UH, TRANSFER THE PROPERTY SO MY CLIENT CAN PURCHASE IT.
AND THAT'S WHY WE BEFORE THE BOARD TODAY.
YES, YOU'RE GETTING PROPERTY FROM THEM.
BUT YOU ALSO WANT TO HAVE ANOTHER VARIANCE.
OR WHAT PURPOSE ANOTHER, THERE, THERE TWO DRIVEWAY VARIANCES THAT WE'RE LOOKING FOR HERE.
ONE IS A ZERO SETBACK ON THE PERKINS SIDE AND ON THE OTHER SIDE, THE DRIVEWAY IS ONLY 2.5 FEET WITHIN THE BOUNDARY OF THE PROPERTY LINE.
SO WE'RE ASKING FOR A ZERO, I MEAN, A 2.5 FOOT SETBACK.
WITH REGARD TO THAT, DO YOU HAVE ANY PHOTOS? I DO YOU HAVE ANY PHOTOS? I MEAN, THE, WE THERE NONE INCLUDED IN THE PACKAGE.
I CAN SHARE YOUR OATH RIGHT NOW, WHICH JUST, AND WHEN, WHEN WAS THIS DRIVEWAY, WHEN WAS IT BUILT? UH, WHEN THE HOUSE WAS CONSTRUCTED.
AND WHEN WAS, WHEN WAS THAT? NO, 1986 WHEN THE DRIVE WHERE THE GARAGE WAS FIRST BUILT, THE SECOND GARAGE WAS BUILT.
BUT THE DRIVEWAY HAD BEEN THERE SINCE THE HOUSE WAS BUILT.
THIS ISN'T ANYTHING THAT WE CONSTRUCTED.
WHEN WE PURCHASED THE HOUSE IN 1983, THE GARAGE WAS ALREADY THERE AND THE DRIVEWAY WAS ALREADY THERE IN ITS EXACT LOCATION.
AND I CAN SHOW YOU THIS ONE PICTURE THAT I HAVE THAT WOULD HELP.
YOU LOOK ONLINE, YOU CAN SEE OKAY.
WHAT IS THIS THE PHOTO OF? THAT'S A PHOTO OF EIGHT RITA LANE AND THE DRIVEWAY.
SO A PORTION OF THAT DRIVEWAY IS ACTUALLY ON THE PROPERTY OWNED BY SEVEN RITA LANE.
AND THAT'S THE, THE SHARED, THE TRIANGULAR PORTION THAT'S SHADED IN IS THE PORTION THAT'S OWNED BY SEVEN.
THAT LOOKS LIKE IT'S ON EIGHT.
SO ALL WE'RE LOOKING TO DO HERE IS CONFORM SO THAT WE CAN PURCHASE THE DRIVEWAY THAT HE BELIEVED THAT HE OWNED FOR MANY, MANY YEARS.
THAT'S CAUSED A LOT OF STRIFE BETWEEN THE NEIGHBORS.
SIR, KEEP THE LITIGATION LANGUAGE TO THE COURT.
OKAY? PLEASE, CAN YOU TELL WHAT ANYTHING IS FROM THIS? YOU CAN JUST GO, HIS PICTURES WILL COME.
MR. PERKINS, YOU SAID YOU HAD SOME PHOTOS.
WE, WE'VE ACTUALLY, WE'VE GOT IT HERE ON THE GOOGLE EARTH OR SOMETHING.
YEAH, I MEAN, MY NEIGHBORS ACROSS THE STREET HAVE THE SAME PROBLEM.
IT WAS UNFORTUNATELY, THE SURVEY WHEN THEY BUILT THAT, ONE PERSON BUILT THE NEIGHBORHOOD AND THEY WENT, THE LOT LINES DO NOT FOLLOW TOPOGRAPHY AT ALL.
THEY, THEY, I I MEAN, IT IT HAPPENS.
WHEN THEY DID THE AS BUILT, THAT'S WHEN THEY, UH, GAVE THE DRIVEWAY EASEMENT BECAUSE THEY REALIZED THAT IT, OKAY, SO I'M TRYING TO SEE, HERE'S, SO WHICH ONE IS THIS? LOOKS LIKE BUSH, RIGHT? THAT'S THE, OKAY, THEN YOU HAVE A TWO CAR WIDTH.
THAT'S NOT, THAT'S FROM MY COMPUTER.
I DIDN'T KNOW I WAS SHARING THAT.
NO, NO, WE'RE SHARING IT HERE.
WHOSE CAR IS THE RED H HALLOWEEN? WHOSE CAR IS THE RED CAR? EIGHT RITA LANE.
AND WHOSE CAR IS THE BLACK CAR? THAT'S ALSO THEIR, THEIR CAR.
CAN WE LOOK, CAN WE LOOK? NO, THE OTHER WAY.
BUT JUST TO BE CLEAR, THE, THE, THE LOT LINE SHIFT IS ABOUT IN HERE.
AND THEN THE, THE VARIANCE THAT WAS REFERENCED ON THE OTHER SIDE, THIS EDGE OF THIS PAVEMENT, WHICH I'M USING IN MY CURSOR, IS, UH, ABOUT 2.5 FEET FROM THE PROPERTY LINE HERE.
GARRETT, IF I CAN CORRECT YOU, THE LONG LINE SHIFT IS WHERE THE BACK OF THE TIRE AND THE MINI VAN IS.
I COULDN'T, THAT'S NEXT TO THE RED CAR WHERE THE VAN IS, GOES ALL THE WAY OVER THERE.
SO THE TREE IS ON THEIR PROPERTY? YES.
AND THEN, AND THEN TAKE THE TOP THE BACK TIRE YEAH.
OF THE MINIVAN THAT'S CLOSEST TO THE RED CAR.
THAT'S HOW FAR OUR PROPERTY GOES OVER.
GO HALFWAY ACROSS THE DRIVEWAY AND YOU START BACK.
THAT'S, SO THE BLACK CAR IS TOTALLY ON OUR PROPERTY.
THAT'S THE WITHIN THE TRIANGLE PIECE THAT WE'RE LOOKING TO PURCHASE.
WHAT? SO THE BLACK CAR WAS ON HERE AND THE RED CAR WAS ON MM-HMM.
[02:30:01]
THEY DIDN'T DO THE SURVEY THIS SECOND, BECAUSE THIS IS TOO NARROW.THE SECOND VARIANCE IS ON THIS SIDE.
NO, BECAUSE THE, THE, HIS VARIANCES, SO HIS VARIANCES ARE THE DARK BECAUSE HIS DRIVEWAY IS GONNA GO RIGHT TO THE PROPERTY.
BUT THERE'S THE SECOND VARIANCE.
IT'S ON THE OTHER SIDE OF THE, IT'S ON THE OTHER SIDE'S ON THIS SIDE.
SEE THIS PICTURE? THE SECOND VARIANCE IS ON THIS SIDE.
YEAH, THAT'S WHAT I'M TRYING TO, DID THE BOARD WANT TO ASK THE APPLICANT HOW IMPERATIVE IT IS TO CONTINUE TO REQUEST THE VARIANCE ON THE RIGHT SIDE? WELL, I WAS ASKING THAT I THOUGHT EARLIER, BUT WE GOT INTO SOMETHING ELSE.
IF YOU HAD A RESPONSE THAT YOU'RE SATISFIED WITH, THAT'S FINE.
I UNDER I UNDERSTAND THE, THE LEFT SIDE AS YOU'RE FACING THE PROPERTY.
WHAT ABOUT, CAN YOU EXPLAIN THE NEED FOR THE OTHER VARIANCE? THERE'S A LITTLE PIECE OF HIS DRIVEWAY THAT WAS CREATED MANY, MANY YEARS AGO SO THAT HE COULD PULL CARS OFF THE STREET AND PARK, YOU KNOW, WITHIN THE CONFINES OF, OF HIS PROPERTY.
AND THAT'S THAT LITTLE PIECE TO THE RIGHT THAT YOU'RE LOOKING AT.
GARRETT HAS HIS POINTER ON THERE RIGHT NOW.
I, I THINK, I THINK THE BOARD UNDERSTANDS THE NEED, YOU KNOW, THE VARIANCE AND THE, THE NUMERICAL VALUES ASSOCIATED WITH IT.
BUT JUST IN FROM A PRACTICAL SENSE, UM, DO, DO, DO CARS FUNCTIONALLY PARKED THERE? I MEAN, YES.
IT ESSENTIALLY TAKES UP THE WHOLE FRONT WITH PAVEMENT.
UM, I DON'T THINK THIS PHOTOGRAPH SHOWS THERE ARE ADDITIONAL CARS THAT PARK AT THE PRESA GIACOMO PROPERTY.
UH, I THINK THIS PHOTOGRAPH ONLY SHOWS TWO, BUT THERE ARE MORE, THERE ARE CURRENTLY THREE ADULTS LIVING THERE WITH THREE VEHICLES.
AND THE, THE NEIGHBOR, THEY WALK FURTHER DOWN ALONG THAT TRIANGLE.
SO THEY'RE ALL THE WAY DOWN THE ADDITIONAL CARS FURTHER DOWN FROM THE BLACK.
YEAH, THIS, THIS HOUSE FIVE WHEN THEY'RE ON SUNDAY.
AND IF I'M FACING THE HOUSE, EIGHT R LANE, THE NEIGHBOR TO THE RIGHT.
UH, WE'VE NEVER HEARD ANY, UH, ISSUES WITH THAT NEIGHBOR WHATSOEVER.
THERE ARE SOME BUSHES THERE, I BELIEVE THAT SEPARATE THE PROPERTY, SO THEY'RE NOT, YOU KNOW, IT'S NOT JUST OPEN SPACE.
I THINK MRS. PERKINS WAS RAISING HER HAND TO SPEAK.
YOU HAVE TO COME UP TO THE MIC VARIANCE THE STREET.
UM, I ASKED MY HUSBAND TO, IF HE CAN SHOW YOU SOME PHOTOS, UM, WE DO HAVE A PROBLEM AS FAR AS REQUESTING A ZERO SETBACK.
AND THIS HAS NOTHING TO DO WITH RETALIATION.
UM, OUR NEIGHBOR DID CITE A ZERO SETBACK AGAINST US, AND I WAS HERE BACK IN 2021.
UM, BUT THIS HAS NOTHING TO DO WITH THAT.
AND HE ADMITTED THAT HE HAD CITED A VIOLATION AGAINST US IN JUNE.
AND ALSO WE HAVE RECORDS FROM THE BUILDING DEPARTMENT TO SHOW THAT IT WAS HE THAT CITED A VERY OF, UM, A VIOLATION AGAINST US THAT WE DID NOT HAVE A ZERO SETBACK.
WE HAVE THREE FEET ON OUR PROPERTY NOW, YOU CAN SEE HERE.
SO AT ONE POINT THERE WOULD BE, YOU CAN SEE THE BLACK CARS DOWN FURTHER AT ONE POINT.
THERE CAN BE AS MANY AS FOUR CARS ON THAT SIDE AND THREE ON THE, AND ONE ON THE OTHER.
I HAVE ANOTHER PICTURE WHILE WE'RE REQUESTING NOT TO GRANT A ZERO SETBACK IS BECAUSE WE ACTUALLY HAVE HIS BROTHER-IN-LAW AND SISTER-IN-LAW'S TRUCK, DUAL WHEEL CAB TRUCK THAT BACKED INTO OUR BUSHES.
THEY ACTUALLY CUT OUR BUSHES IN HALF TO ACCOMMODATE PARKING THE CARS.
NOW, I HAD A PROBLEM WITH THAT BECAUSE I SAID, THIS IS VERY UNFAIR THAT FIRST OFF, YOU CUT OUR PRO OUR BUSHES.
WE HAD INFORMED YOU, WE'VE HAD NUMEROUS SURVEYS THAT WERE DONE THAT THIS WAS OUR PROPERTY.
UM, AND SO, AND THEN WHEN THE TRUCK CAME THROUGH WITH THE DUAL WHEEL CAB AND DUAL WHEELS, I SAID, YOU BACKED THAT RIGHT INTO OUR BUSHES.
SO EVEN IF WE WERE TO SELL YOU THE PROPERTY, WHICH WE WOULD LIKE TO DO, DON'T GET ME WRONG, BECAUSE WE WANNA PUT AN END TO THIS, BUT I DON'T WANNA PUT UP ANY WALL OR ANY FENCE THAT YOU'VE NOW BACKED INTO AND YOU'VE DESTROYED WITH NO SETBACK.
BUT I THINK THE BIG BIGGER ISSUE COMES DOWN TO, UM, IS SHOULD A DRIVEWAY EVEN BE THERE? THAT IS AN EASEMENT.
AND IT HAS BEEN PROVEN EVEN WITH THE TOWN OF GREENBURG, THAT IS A UTILITY EASEMENT.
HIS GAS LINE AND WATER LINE, HIS SHUTOFF FOR BOTH HIS GAS AND WATER ARE IN OUR PROPERTY.
WE FINALLY, WHEN HE HAD A MAJOR GAS LEAK, ALL RIGHT, AND CON EDISON CAME, WHICH HE DID NOT INFORM US, WE TOLD CON EDISON, YOU CAP THIS, HIS SHUTOFF OFF OF OUR
[02:35:01]
PROPERTY, BUT ALL THE PIPES AND EVERYTHING ELSE RUNS DOWN THE FRONT OF OUR PROPERTY OUTSIDE OF THE 10 FOOT UTILITY EASEMENT ACROSS, OVER TO HIS PROPERTY.BUT RIGHT NOW, HIS WATER SHUTOFF IS STILL IN OUR FRONT YARD AND OUR PROPERTY.
SO YOU HAVE A UTILITY EASEMENT, YOU HAVE A STORM DRAIN UNDERNEATH THOSE BUSHES THAT YOU SEE THERE.
SO IT GOES ALL THE WAY FROM RITA LANE ALL THE WAY DOWN TO SP SPRINGBROOK PARKWAY DRIVE.
THE QUESTION THAT WAS BROUGHT UP BEFORE WHEN THEY SAID THIS DRIVE, THIS GARAGE HAS ALWAYS BEEN IN EXISTENCE.
IT'S NOT A STATEMENT OF FACT, AS YOU POINTED OUT.
HIS HOUSE WAS BUILT WITH A BUILT-IN GARAGE IN THE BACK OF HIS PROPERTY IN THE BACK.
WE'RE THE ONLY ONES, WE'RE THE ONLY HOUSE IN THIS CUL-DE-SAC.
DID NOT HAVE A BUILT-IN GARAGE AND DOES NOT HAVE A FULL BASEMENT.
ALL RIGHT, SO WHEN YOU SAW THE PROPERTY TO THE RIGHT, BECAUSE THE CARS USED TO GO DOWN TO THE BACK OF THE PROPERTY ON THAT RIGHT HAND SIDE TO THE GARAGE THAT WAS IN THE BACK.
SO IF YOU CHECK, IF YOU LOOKED AT THE ZONING, UM, AS FAR AS THE VARIANCE THAT WAS REQUIRED, HE WAS THE GARAGE THAT WAS BUILT AND WAS BUILT AROUND 1981.
IT WAS FIRST, UM, REJECTED BY THE BUILDING DEPARTMENT.
AND THEN FRANK, UH, JACK CESARIO, WHO WAS THE FIRST HOMEOWNER WHO OWNED OUR HOUSE, GRANTED THEM PERMISSION TO BUILD THE SECOND GARAGE WITH THE, WITH THE BASIS THAT HE WOULD AT LEAST MAINTAIN A SIX FOOT SETBACK.
I'M NOT OPPOSED TO THE FACT THAT THEY HAVE TWO, TWO GARAGES, BUT THE FACT THAT HE WAS GRANTED TO BE ABLE TO BUILD THAT GARAGE, WHICH THEN BECAME A, A BEDROOM FOR HIS MOTHER, GOD BLESS HER, WHO HAS NOW PASSED, UM, THE FACT THAT THEY WERE ABLE TO BUILD THAT, ALL I'M SAYING IS IT IS NOT A WORKING GARAGE.
WE'VE BEEN, THERE ALMOST WILL BE 30 YEARS NEXT YEAR.
EVEN WHEN I VISITED THE PROPERTY, IT NEVER WAS A WORKING GARAGE.
WHEN, WHEN HE, GOD BLESS HIM AS WELL, WHO HAD PASSED AWAY.
SO MY CONCERN IS, FINE, USE THE DRIVEWAY, BUT YOU NEED TO GIVE US SOME KIND OF SETBACK.
YOUR WATER COMES DOWN THERE, YOUR LEAD GUTTER IS, IS TOWARDS OUR PROPERTY, AND WE HAVE PICTURES OF THAT.
I HAD TO BUILD SOME KIND OF RETAINING WALL TO KEEP YOUR WATER OFF OF ALL THIS IMPERVIOUS SURFACE THAT RUNS INTO OUR YARD.
I'M AT LEAST ASKING FOR SOME KIND OF SETBACK, NOT ZERO.
AND I QUESTIONED WHEN THEY SAID 2.5 ACE ON THE OTHER SIDE, ON THE RIGHT HAND SIDE, THOSE BUSHES BELONG TO GREG AND MICHELLE DOD, WHO OCCUPIED SIX, READ A LANE.
SO I'M NOT REALLY SURE HOW MUCH, BUT WHAT I'M SAYING, IS THIS A MITIGATING CIRCUMSTANCE? COULD HE HAVE EXPANDED HIS DRIVEWAY ON THE RIGHT? SURE, HE COULD HAVE.
BUT ALL OF A SUDDEN NOW WHEN YOU HAVE FOUR KIDS AND YOU'RE PARKING TWO CARS SIDE BY SIDE, AND YOU HAVE NOW YOU'RE WORRIED ABOUT WHERE YOU'RE GONNA PUT ALL THESE CARS.
WELL, LET'S JUST TAKE OUR NEIGHBOR'S PROPERTY.
THEY HAVE ON THEIR DRIVEWAY EASEMENT THAT THERE IS NOTHING IN HIS DEED.
SO WHEN IT WAS SAID, HE DIDN'T KNOW.
THERE WAS NO CONVEYANCE IN HIS DEED.
THERE WAS NO CONVEYANCE IN OUR DEED WHERE HE WAS GRANTED PERMISSION TO CUT ACROSS OUR PROPERTY.
SO THAT IS NOT A STATEMENT OF FACT, BUT WE'LL SELL THE PROPERTY.
WHAT HE DOES WITH IT AFTER THAT IS ON HIM.
THIS JUST FOR US, WE'RE SITTING HERE NOW, IT'S A WIN-WIN SITUATION EITHER WAY.
ONE, IT'S EITHER CAN BE SOLD OR TWO, THE ZONING BOARD IS GONNA TELL US, NO, WE'RE NOT GONNA SELL IT.
YOUR PROPERTY IS ALREADY TOO SMALL.
THEN THAT FINALLY JUST SAYS, OKAY, CAN WE FINALLY GET OFF OUR PROPERTY ONE WAY OR THE OTHER? BUT WE ARE NOT AGREEING TO A ZERO SETBACK.
SO IF I CAN SHOW YOU THAT PICTURE THAT I ASKED MY HUSBAND TO BRING UP, WHERE YOU CAN SEE HIS BROTHER-IN-LAW'S AND SISTER-IN-LAW'S TRUCK RIGHT INTO OUR BUSHES.
THAT'S WHERE I HAVE A CONCERN.
AND I EXPRESSED THAT BEFORE TO THEIR LAWYER AND TO THEM.
AND THE RESPONSE TO ME, WELL, I DIDN'T DO IT.
YOU'VE BEEN ON OUR PROPERTY NOW FOR 20 YEARS, OVER 20 YEARS.
WHAT, WHAT ARE YOU RESPONSIBLE FOR? SO THAT'S ALL I HAVE TO SAY WITH THIS.
I'D JUST LIKE TO LET THE BOARD KNOW THAT THOSE MATTERS THAT WERE BROUGHT UP WERE NOT IN ANY APPLICATION NOT BROUGHT UP AS FAR AS I'M CONCERNED.
BEFORE TODAY, I DON'T KNOW ANYTHING ABOUT A TRUCK BACKING INTO BUSHES NOR TO MY CLIENTS.
HE BOUGHT THE PROPERTY IN 1983 AFTER THIS WORK HAD BEEN DONE ON THE PROPERTY BY THE PRIOR OWNER.
SO SINCE HE'S OWNED THE PROPERTY, THAT'S THE WAY THE DRIVEWAY HAS EXISTED.
NOW I'M HEARING THAT THEY WANT TO
[02:40:01]
SELL US THE PROPERTY AND THEY WANT THE VARIANCE, BUT THEY DON'T WANT THE VARIANCE.WE THINK THE AB VARIANCE IS ABSOLUTELY NECESSARY HERE SO THAT THERE CAN BE PEACE BETWEEN THESE TWO NEIGHBORS SO THEY CAN STOP FIGHTING.
UH, BECAUSE THIS HAS BEEN CONTINUAL FIGHTING, UH, FOR, FOR MANY, MANY YEARS NOW, AND THE ONLY WAY TO STOP THAT IS TO PERMIT THIS VARIANCE, THE TWO VARIANCES THAT ARE REQUESTED SO THAT MY CLIENTS CAN PURCHASE THE PROPERTY THAT RIGHTFULLY SHOULD BELONG TO THEM.
WELL, WE DON'T KNOW WHAT'S RIGHTFUL, BUT WE DO KNOW THAT NEIGHBORS THAT ARE IN DISPUTE WITH EACH OTHER, AND IT'S OVER BEING THAT CLOSE TO THE, TO EACH OTHER IN THE LINE.
THAT IS WHY A LOT OF THE PROPERTIES THAT WE HAVE, UM, WE HAVE DIFFICULTIES WITH STATING THAT YOU CAN HAVE WHAT YOU WANT NECESSARILY.
BECAUSE IF IT'S NOT NECESSARY, IT'S JUST SOMETHING THAT YOU WANT AND YOU FEEL YOU'RE ENTITLED TO, THAT DOESN'T NECESSARILY OBLIGATE US TO DO THAT.
SO WE'RE TRYING TO COME UP WITH SOMETHING THAT GIVES YOU THE RIGHT TO SAY, YES, WE HAVE THIS PROPERTY NOW, BUT YOU ALSO CAN'T HAVE EVERYTHING THAT YOU MAY WANT.
I I, I HAVEN'T HEARD A REASON FOR WHY YOU HAVE TO HAVE THE OTHER VARIANCE.
THAT'S REALLY WHAT IT COMES DOWN TO.
WELL, WE CERTAINLY NEED THE VARIANCE THAT, UH, ON THE LEFT SIDE OF THE PROPERTY WHERE IT MEETS THE PERKINS PROPERTY AS TO THE RIGHT SIDE.
WHY, WHY DO OKAY, AS TO THE RIGHT SIDE? UH, RIGHT NOW, UNDER THAT ASPHALT, THERE ARE THE CONED WHEN THEY CHANGE THE UTILITY HOOKUPS, SOME OF THOSE HOOKUPS ARE RIGHT UNDER THAT.
BUT I UNDERSTAND THE BOARD'S POSITION, IF WE HAD TO CHOOSE BETWEEN ONE OF THE TWO VARIANCES, WE WOULD CHOOSE THE AREA VARIANCE, UH, ON THE PERKINS SIDE OF THE PROPERTY SO WE COULD PURCHASE THE DRIVEWAY, PURCHASE THE ENCROACHMENT AND THE DRIVEWAY EASEMENT SO THAT WE OWN IT.
UH, AS TO THE OTHER, UH, WE WOULD SAY THAT IT WOULD BE A HARDSHIP ON MY CLIENT TO HAVE TO REMOVE THAT.
AT THIS POINT, IT'S BEEN THERE FOR MANY, MANY YEARS.
THERE'S BEEN NO OBJECTION BY THE NEIGHBOR ON THE OTHER SIDE.
UH, IT'S NOT GONNA CHANGE THE ENVIRONMENT, NOT GONNA CHANGE THE CHARACTER OF THE NEIGHBORHOOD.
WE'RE NOT GONNA BE BREAKING GROUND, WE'RE NOT GONNA BE DOING ANYTHING EXCEPT SHIFTING THE LOT LINE OVER.
UM, BUT AS TO THAT SMALL PARKING SPOT, UH, IT IS STILL USED BY MY CLIENT AND HIS DAUGHTER WHO PARKS THERE.
SO WE WOULD SAY THAT IT WOULD BE A HARDSHIP ON THEM TO HAVE TO REMOVE THAT IF THE VARIANCE WAS DENIED.
I SEEM TO HAVE BEEN CONFUSED A LOT TONIGHT.
WHERE IS PRECISELY THE SECOND VARIANCE THAT YOU'RE TALKING ABOUT? SO, IF YOU'RE LOOKING AT THE DRIVEWAY STRAIGHT AHEAD, ONE VARIANCE BETWEEN THE PERKINS PROPERTY IS GONNA BE TO THE LEFT.
THERE'S GONNA BE A SMALL VARIANCE WE'RE SEEKING TO THE RIGHT HAND SIDE.
THIS A PORTION OF THE DRIVEWAY THAT EXTENDS OVER TO THE RIGHT OF THE PROPERTY LINE TOWARDS THE NEIGHBOR ON THE RIGHT HAND SIDE.
THAT WOULD BE THE SECOND VARIANCE WE'RE LOOKING FOR TOWARDS THE NEIGHBOR ON THE RIGHT HAND SIDE, NOT YEAH.
IT'S THIS SIDE OF THE DRIVEWAY ON, IF YOU LOOK UP HERE, I THINK IT'S EASIER IN THE PICTURE.
IT'S THIS SIDE OF THE DRIVEWAY.
SO THIS IS THE, THIS IS EIGHT RITA LANE.
SO THEY DIDN'T, IT'S ON THE OTHER SIDE NEXT TO THIS HOUSE.
SO THERE'S, THEY'RE ASKING FOR A VARIANCE HERE AND THEN A ZERO ONE HERE.
SO THEY'RE BUYING THE PIECE FROM THEM.
IT'S THE ZERO ONE, IT'S ZERO ONE HERE.
SEE, OUR PROB OUR PROBLEM WITH THE ZERO IS, AND I APPRECIATE THE, EVERY, THE WHOLE SITUATION IS THAT WE GET A LOT OF THESE MM-HMM,
AND WE GENERALLY DON'T LIKE TO APPROVE A ZERO.
THE ONLY REASON WE WOULD ASK THAT SO WE COULD LEAVE THE DRIVEWAY AS IT EXISTS.
WELL, WE, WE MAKE PEOPLE REMOVE DRIVEWAYS.
I, I DO UNDERSTAND THAT THIS WASN'T, AGAIN, THIS IS SOMETHING, NOT SOMETHING MY CLIENT CREATED.
WE, WE WANNA RESOLVE THE ISSUES, NOT CREATE FURTHER ISSUES.
IT'S, IT'S NOT A MATTER OF YOU CREATING IT OR WHOEVER CREATED IT.
IT'S BEEN CREATED AND YOU'RE TRYING TO COME UP WITH WHAT I THINK IS A FAIR RESOLUTION.
I MEAN, IT'S A LOT OF YEARS TO YES.
THAT'S WHY THIS IS, BUT SOMETIMES YOU CAN'T GET EVERYTHING YOU WANT.
WELL, THE ZERO VARIANCE, I WOULD ALSO ADD THAT MS. PERKINS GOT A ZERO VARIANCE ON HER DRIVEWAY ON THE OTHER SIDE.
UH, BUT THE SAME ARGUMENT WOULD APPLY THOUGH, THAT VARIANCES SHOULD BE GIVEN IN THESE INSTANCES, BECAUSE OTHERWISE MAYBE THEY SHOULD,
[02:45:01]
BUTOH, AND WE HAVE, WE HAVE A LOT OF HOUSES THAT WE DEAL WITH LIKE THIS.
I, I, I WOULD IMPLORE THE BOARD TO PLEASE CONSIDER, UH, THE ZERO VARIANCE ON THE SIDE, BECAUSE THAT'S THE WAY IT EXISTS.
EVEN IF HE MOVED HIS DRIVEWAY, IT, IT WOULD STILL BE AN ISSUE WHERE WE'D HAVE TO GET A VARIANCE.
BUT IF YOU CAN LOOK AT THE PROPERTY, THERE'S, THERE'S NO WAY TO MOVE THE DRIVEWAY TOO.
IF YOU MOVE THE DRIVEWAY ANY FURTHER OVER THIS WAY, IT'S GONNA LEAD RIGHT TO HIS FRONT DOOR.
THAT ONE PHOTO THAT SHOWED THE LENGTH OF THE DRIVEWAY, I THINK IS THE CLEAREST THING WE SAW.
WHAT? THE DRIVEWAY IS DRIVEWAY'S FALLING? YES.
EVE IS WHAT? I DON'T UNDERSTAND.
THIS DRIVEWAY GOES, THE GREEN ON THE SCREEN IS THE DRIVEWAY.
SO EVEN IF WE MADE HIM MOVE THE DRIVEWAY OVER THIS WAY, THIS IS WHERE THAT RED CAR WAS PARKED IN HERE.
YEAH, I DON'T KNOW WHERE IT WAS.
SO AT SOME POINT, THIS, IF THIS IS THE PROPERTY LINE, WHAT'S THIS? NO, NO, NO, I GET IT.
THERE'S NO WAY THAT WE CAN ADJUST THIS, THAT THERE, WHERE THERE WON'T BE A ZERO SETBACK.
SHOULD WE BE, SHOULD WE, SHOULD WE HAVE THIS DISCUSSION AFTER WE CLOSE? YEAH, WE, YEAH.
CAN I JUST GIVE HIM MY LAPTOP A MINUTE? YOU, WELL, YOU CAN GIVE IT, YOU CAN GIVE IT TO US.
WE WOULD NEED THEM FOR THE RECORD.
WHICH, WHICH IS IT THAT YOU'RE, YOU'RE BRINGING UP.
THIS IS, SO NOW YOU SEE, UM, THAT'S WHAT I'M TALKING ABOUT.
THAT'S THE TRUCK RIGHT INTO OUR BUSHES.
SEND THAT PICTURE BY, BUT NO, THEY'RE NOT SELLING THE BUSHES.
BUT YOU GUYS ARE SELLING TO THE EDGE, RIGHT? NO.
WE'RE SELLING, WE'RE WE'RE ONLY SELLING THE ASPHALT.
SO I THINK THIS IS A GOOD PICTURE BECAUSE THEN WHEN YOU SAY ALTERNATIVE, THE ALTERNATIVE IS, WELL, YOU CAN REMOVE THE MAILBOX AND YOU CAN REMOVE THAT HEDGE IN THE FRONT AND JUST EXTEND THE DRIVEWAY ALL THE WAY DOWN TO THE BACK.
THAT, BECAUSE THAT'S THE WAY IT WAS SET.
BECAUSE IF YOU LOOK AT THE BUILDING PLANS FOR THE ORIGINAL HOUSE WHEN IT WAS BUILT, THE GARAGE IS IN THE BACK, THE BACK OF THE PROPERTY.
SO THAT WAS THE OR SO THAT MEANT THE DRIVEWAY HAD TO GO STRAIGHT BACK TO THE BACK OF THEIR PROPERTY.
THAT'S THE PIECE THAT YOU'RE MISSING.
I, I ACTUALLY BROUGHT UP, DID THE FOIL, I BROUGHT UP THE PLANS FOR THAT HOUSE.
EVERY HOUSE IN THAT CUL-DE-SAC HAS A GARAGE THAT IS BUILT INTO, BUILT INTO THE HOUSE.
EVERY, EVERY HOUSE, WITH THE EXCEPTION OF HOURS, WE'RE THE ONLY ATTACHED GARAGE.
WE'RE THE ONLY ATTACHED GARAGE.
IF WE HAD A BUILTIN GARAGE, WE WOULD NEVER HAVE TO GO UP DURING THE SNOW.
EVERYBODY ELSE HAD ACCESS TO THEIR GARAGE.
SO IF YOU LOOK AT SIX IS IN THE FRONT, FOUR IS IN THE BACK, THREE IS IN THE BACK.
WE'RE THE ONLY ONE THAT IS BUILT IN THE FRONT BECAUSE WE DO NOT HAVE, NUMBER ONE, WE'RE ON A SMALL PIECE OF PROPERTY.
AND THE TERRAIN OF THE PROPERTY WOULD
[02:50:01]
NOT ALLOW US, 'CAUSE WE HAVE A 16 FOOT SETBACK FOR THE REAR OF OUR PROPERTY.SO THEY COULDN'T BUILD A GARAGE UNDERNEATH THE HOUSE.
PLUS OUR, OUR HOUSE DOES NOT HAVE A FULL BASEMENT.
EVERYBODY IN THAT CUL-DE-SAC HAS A FULL BASEMENT WHERE THE EXCEPTION OF US, WHERE THE ONLY ONES WHO HAVE A CRAWL SPACE.
CAN YOU BUILD A DRIVEWAY IN AN EASEMENT? THAT'S MY OTHER QUESTION.
CAN YOU PUT A DRIVEWAY IN AN EASEMENT? 'CAUSE I THOUGHT IT WAS AGAINST THE CODE 2 45.
THERE'S ACTUALLY A DRIVEWAY EASEMENT HERE.
AND THAT WAS TAKEN, EXCUSE ME, THAT WAS TAKEN FROM AN AS-BUILT SURVEY OF THE NEIGHBORHOOD AFTER IT WAS BUILT.
AND I BELIEVE THAT'S WHEN THEY SHOWED THE LOT LINES DIDN'T ENCOMPASS HIS DRIVEWAY.
SO THAT'S WHY THEY HAVE A DRIVEWAY EASEMENT.
THERE WAS NEVER A DRIVEWAY EASEMENT BECAUSE IT WOULD'VE BEEN CONVEYED AND BROKE HIS DEED AND MINE.
NO, IT, HE CANNOT JUST TAKE OVER OUR PROPERTY AND THEN SAY THAT IT'S OUR PROPERTY AND YOU DO NOT GIVE THEM TO THE RIGHT OF WAY TO CROSS OVER IT.
THEY NEVER HAD THAT MA'AM CHAIR.
THERE'S A 10 FOOT EASEMENT ON OUR SIDE AND A FIVE FOOT WE'RE, I DON'T KNOW IF ALL OF THIS IS GETTING IN THE RECORD, TO BE HONEST, BUT THERE'S 10 FEET ON OUR SIDE AND FIVE FEET EASEMENT ON THEIR SIDE FOR A TOTAL OF 15 FEET.
WHAT SHE'S REFERRING TO IS A UTILITY EASEMENT.
AND THERE IS A UTILITY EASEMENT OF 15 FEET.
BUT THERE IS ALSO A DRIVEWAY EASEMENT HERE THAT ENCOMPASSES A PORTION OF THE PROPERTY THAT WE SEEK TO PURCHASE.
NOT ALL OF IT, BUT A PORTION OF IT.
WELL, WE DON'T SEE ANY OF THESE THINGS.
I WAS GONNA SAY, YEAH, I WANTED TO HAVE SOMETHING FROM THE TOWN WITH RESPECT TO THIS.
HE SAY, SHE SAY GETTING US ANYWHERE.
IF YOU DON'T MIND, MS. CARRIE? YES.
WHAT IS IT THAT YOU NEED FOR THE EASEMENT? YEAH.
ARE WE IN THE RIGHT
BUT, UH, IS THERE A NECESSARY REASON TO HAVE THE OTHER VARIANCE IN ORDER FOR THE PURCHASER TO HAVE WHAT THEY NEED? I GUESS SO YOU'RE SPEAKING OF THE ZERO LOT LINE SIDE.
SO IF THEY'RE GOING TO BASICALLY RE SUBDIVIDE THE PROPERTY AND MOVE THE LOT LINE OVER, THEY WOULD NEED THAT ZERO VARIANCE TO KEEP THE DRIVEWAY WHERE IT IS CURRENTLY EXISTING.
WHAT, WHAT, I DON'T KNOW OFF THE TOP OF MY HEAD WHAT, HOW MUCH SPACE IS NEEDED FROM A PROPERTY LINE TO A DRIVEWAY WITHOUT A VARIANCE? UH, IN, I BELIEVE IN THIS DISTRICT IT'S 10 FEET AND THEY DON'T HAVE 20 FEET OF SPACE EVEN ACROSS.
THEY DON'T HAVE 24 PLUS THE DRIVEWAY.
I MEAN IT, I'M SORRY, BUT I, I'M LOOKING AT THE PLAN AND HOW THE DRIVEWAY IS CURRENTLY SITUATED AND HOW IT BASICALLY, UM, THAT THE PROPERTY LINE BISECTS THE DRIVEWAY AT THE CURB, BUT THEN AS YOU GO FURTHER BACK, YOU STILL ON THE DRIVE THEIR DRIVEWAY UNTIL YOU GET TO THE GARAGE.
SO EVEN ONCE WE ALLOW THE, UM, OTHER NEIGHBOR TO SELL THAT PROPERTY, OH, WE'RE NOT ALLOWING THEM.
THEY CAN DO THAT ON THEIR OWN.
UM, ALLOW, UH, APPROVE THE APPLICATION, I GUESS IS THE, IS THE CORRECT TERM THERE WILL STILL BE A ZERO.
THERE'S NO WAY TO GET AROUND IT.
WELL, WELL, SO WHAT IF WE PUT A CONDITION ON IT WHERE THEY DIDN'T HAVE TO TEAR UP THE DRIVEWAY, BUT THEY HAD TO PUT SOME KIND OF A SEMI-PERMANENT PLANTER OR SOMETHING.
BECAUSE IT SEEMS LIKE THE CONCERN IS ABOUT TRUCKS GOING INTO THE BUSHES AND ON THE PROPERTY.
WE CAN'T PUT A FENCE UP BECAUSE THERE'S NO PROPERTY.
BUT WHAT IF WE PUT SOMETHING OVER THERE SO A CAR CAN'T PARK IN THAT SPACE AND HIT THE BUSHES ON THE EXISTING DRIVEWAY? ON THE EXISTING DRIVEWAY AS A CONDITION BRICK PLANTER.
BUT THE PERIMETER OF IT WAS LINED WITH LIKE BELGIAN BLOCK AS
[02:55:01]
AN EXAMPLE? YEAH, SOMETHING LIKE THAT.SO THEY CAN'T PARK OR A FENCE.
WELL THEN YOU'D HAVE TO TEAR UP THE DRIVEWAY.
I BELIEVE THE PERKINS ARE GONNA PUT UP A FENCE.
YOU HAVE TO GET UP TO THE MIC PLEASE.
BUT IT, BUT NOT THAT FAR UP TO THE STREET.
UH, BUT IF, YOU KNOW, THERE'S SOMETHING THAT THE BOARD WOULD LIKE TO PREVENT, YOU KNOW, A CAR GOING INTO THE BUSHES, YOU KNOW, WE'RE, WE'RE, WE'RE HAPPY TO DISCUSS THAT.
WE'RE NOT OPPOSED TO ANYTHING THAT, YOU KNOW, THE BOARD WOULD RECOMMEND TO YOU.
IT'S NOT JUST THE CAR, THOSE BUSHES.
IT'S ALSO FOLKS, ONCE WE TRANSFER FOLKS, YOU HAVE TO COME UP TO THE MIC WITH NO FISTICUFFS.
ONCE WE TRANSFER THE PROPERTY, WE WERE GOING TO REMOVE THE BUSHES.
SO, OH, YOU KNOW, I MEAN, WE WERE GONNA REMOVE THE BUSHES SO WE, AND REPLACE IT WITH, UH, OTHER, OTHER BARRIER, YOU KNOW, SOME TYPE OF BARRIER.
BUT SOME TYPE OF SEPARATOR, LIKE A COMMISSIONER SAID, LIKE A FENCE OF SOME SORT.
I LOOK, YOU KNOW, CAN WE, WHAT CAN WE DO IN THAT AREA? BECAUSE WE ARE IN THE EASEMENT THERE.
SO THIS, I THINK WE MIGHT BE LIMITED AS TO WHAT PERHAPS WE CAN PUT ALONG THAT PROPERTY LINE.
MY CONCERN IS, I I TO MAKE, WE'RE ALREADY TAKING A SMALL SIZE LOT THAT THE PERKINS HAVE AND MAKING IT SMALLER.
SO TO PUT BRICK OR CONCRETE PLANTERS I THINK WOULD BE MORE APPROPRIATE ON THE DRIVEWAY, ON THE, UP TO THE PERKINS ON THE PROPERTY LINE.
BUT ON THE PASTOR CRESTED
THERE, THEIR, THEIR SIDE OF THE PROPERTY LINE SO THAT THEY ARE PROTECTING THE PERKINS'.
IT, IF WE DID THAT THOUGH, I THINK DEPENDING ON THE SIZE OF THE PLANTERS, IT, IT MAY LIMIT THE WIDTH OF THE DRIVEWAY ISN'T VERY WIDE THERE ALREADY.
THERE MAY HAVE TO BE CHANGES TO THE DRIVEWAY.
THAT'S WHAT WE'D LIKE TO AVOID.
WE UNDERSTAND YOU WOULD LIKE TO DO THAT.
OR CHANGES TO THE DRIVING HABITS.
RIGHT? I MEAN, YOU'LL STILL GET THE CARS IN THE DRIVEWAY, BUT YOU MIGHT HAVE TO MOVE ONE IN AND OUT.
YOU WOULDN'T BE ABLE TO PARK THEM FULLY PARALLEL.
YOU KNOW, YOU ALREADY HAVE A SPACE THAT DOESN'T GO TO THE STREET, SO YOU MIGHT ONLY HAVE ONE SPACE GOING TO THE STREET.
UM, I, I DON'T THINK THAT WOULD BE A BIG ISSUE.
UH, I I JUST, I'M TRYING TO UNDERSTAND THE CONCERN THOUGH, OF PARKING AT THAT SPOT.
BUT YOU'RE TALKING ABOUT PARKING WHERE THE BLACK CAR IS ON THE SCREEN THERE.
BUT OUR, MY CONCERN WAS ABOUT, THERE SEEMED TO BE A LOT OF ANGST ABOUT CARS HITTING THE BUSHES, BUT NOW I HEAR YOU'RE GONNA TAKE THEM OUT ANYWAY, WHICH IS, BUT THAT'S, AND PUT UP A FENCE, HAVE A WATER PROBLEM DONE AT THE VERY END OF THE DRIVEWAY WHERE THEIR LEAD GUTTER NOW ALSO GOES TOWARDS OUR YARD.
IT'S, THAT'S WE, WE CAN'T DEAL WITH.
WE WE'RE JUST TRYING TO DEAL WITH THE CODE TRUCKS GO FROM THEIR DRIVEWAY GOING ONTO YOUR PROPERTY, EVEN ONCE YOU HAVE SOLD THE PROPERTY TO THEM, AND IT IS NOW THE PASTOR, THE PEAS PRESS GIACOMO, THE, THE, THE PEAS PROPERTY.
AND WE'RE JUST TRYING TO FIGURE OUT A, THAT THEY CAN, THEY CAN BUILD SOMETHING TO KEEP THEMSELVES FROM GOING INTO YOUR PROPERTY.
THAT CAN ALSO BE ATTRACTIVE AND NOT SOME, YOU KNOW, THAT COULD BE A PLANTER THAT HAS GREENERY IN IT 'CAUSE GREENERY IS COMING OUT OR SOME KIND OF DECORATIVE FENCING, WHICH HAS NO WIDTH TO IT.
SO AS TO NOT GO INTO THE EXISTING DRIVEWAY, THE, THE PLAN WAS NO, IT'S NOT GOING INTO TO BUILD A FENCE BETWEEN THE TWO PROPERTIES SO THAT THERE WOULD BE LESS CONTACT TO HAVE JUST AVOID CONTACT IN THE FUTURE TO LESSEN THE ANGST.
BUT THE FENCE IS ON THE PROPERTY FOR SEVEN, NOT FOR EIGHT.
UM, WELL, NO, IT'LL BE ON THE PROPERTY LINE ITSELF.
WELL, IT CAN'T BE BECAUSE TO THEIR DRIVEWAY GOES RIGHT TO THE PROPERTY.
EITHER IT WOULD BE ON THEIR SIDE OR OUR SIDE.
WE ARE, WE'RE OKAY WITH EITHER, TO TELL YOU THE TRUTH, YES.
WE INTENDED TO BUILD A FENCE RIGHT ALONG THE PROPERTY LINE JUST TO HAVE SEPARATION IN THE FUTURE.
SO I DON'T BELIEVE WE BE, THAT HAVE TO BE SOMETHING THAT WOULD BE AGREEABLE TO BOTH SIDES THAT IT'S NOT, YOU KNOW, BUT BY BUILDING ON THE PROPERTY LINE, JUST AS YOU, WE WOULD, WE'RE DISCUSSING SINCE THERE'S NO SETBACK, IT'S A ZERO SETBACK.
RIGHT? THAT'S WHAT, THEN WE HAVE THAT ISSUE AGAIN OF, YOU KNOW, NOT ONLY DRAINAGE ISSUE, BUT WE HAVE SOMEBODY COMING KNOCKING DOWN THE FENCE OR KNOCKING INTO THE FENCE WITH THE CARS.
AND THEN WHAT IS IT YOU BOTH WOULD HAVE TO CONTRIBUTE TO PUT IT BACK UP AGAIN? WE DON'T WANT TO DO THAT.
WE'VE ALREADY SPENT TOO MUCH MONEY BEING IN LEGAL COSTS.
AND THE PROBLEM, I THINK YOU PROBABLY NEED TO ALSO CONCLUDE, HONEST
[03:00:01]
WITH YOU, YOU PROBABLY NEED, UM, SORRY TO THE MICROPHONE PLEASE.I THINK, TO BE QUITE HONEST WITH YOU, YOU PROBABLY NEED TO VISIT THE PROPERTY.
IF YOU MAKE THE DECISION WHETHER THE PROPERTY CAN BE SOLD, I THINK YOU NEED TO SEE A VISUALIZATION.
CAN THE OTHER SIDE CAN, THE RIGHT HAND SIDE OF THE PROPERTY, SINCE THEY'VE ALREADY GONE ALL THE WAY OVER TO THE BUSHES, COULD THEY REMOVE THE BUSHES WHERE THEY HAVE MAILBOX IN THE FRONT AND JUST MAKE ALL OF THAT ACCESSIBLE TO PUT THE CARS ALL THE WAY DOWN.
THE OTHER THING THAT YOU HAVE IS THE FACT THAT SINCE THEY HAVE THE, UM, THE DRIVEWAY THAT IS ON THE LEFT, THEY HAVE TAKEN OUT THE CURB STONE.
SO WHEN WATER WAS GOING DOWN, WHEN WE HAD HURRICANE IDA, THAT ALL OF THAT WATER THAT WAS COMING OFF, THAT IMPERVIOUS SURFACE WAS ALL COMING INTO OUR YARD.
THEN WHEN YOU ACTUALLY, IF YOU WENT TO THE PROPERTY, YOU ALSO SEE THAT THEIR LEAD GUTTER IS ALSO DIRECTED TOWARDS OUR YARD.
YOU'LL SEE THAT THEIR SIDEWALK IS SLANTED TOWARDS OUR YARD.
SO ANY WAY THAT WE WANNA GET AROUND IT, AND I UNDERSTAND WE'RE TRYING TO RESOLVE ONE PROBLEM, BUT THEN WE HAVE ANOTHER PROBLEM.
AND THE PROBLEM THAT WE'RE HAVING IS BECAUSE YOU HAVE NO SETBACK.
SO WHEN THE GARAGE WAS FIRST BUILT, IT WAS THAT YOU WOULD HAVE A SIX FOOT SETBACK, NOT 12.
AND THAT IS WHAT JACK CESARIO AGREED TO THE FIRST OWNER OF OUR HOUSE AT THAT POINT, AS FAR AS I'M CONCERNED, WHY DIDN'T THEY MAINTAIN SIX FOR THE WHOLE DRIVEWAY THEN? BECAUSE THE CARS DON'T EVEN PACK INTO THE GARAGE.
NONE OF THE TIRES ARE THERE, HERE NOW.
SO, BUT I'M, MY, MY CONCERN IS, I, I UNDERSTAND, BUT MY CONCERN IS, I HAVE TWO CONCERNS.
ONE THAT YOU'RE CONSTANTLY BACKING INTO SOMETHING.
TWO, I HAVE TOO MUCH WATER THAT'S COMING OFF OF THEIR PROPERTY INTO OUR PROPERTY, AND NOW YOU HAVE NO SETBACK.
JUST TO RESPOND TO THE WATER CLAIMS, THAT WAS NEVER BROUGHT UP PREVIOUSLY.
AND IF YOU LOOK AT THE PROPERTIES, IF RITA LANE IS DOWN GRADIENT FROM SEVEN, THIS, IT GOES DOWNHILL FROM HER PROPERTY.
OUR CLIENT'S PROPERTY IS DOWNHILL FROM HERS, SO WE DO NOT DRAIN ON THEIRS.
BUT THAT'S NOT WHY WE'RE HERE TODAY.
WE'RE HERE TODAY TO DISCUSS THE DRIVEWAY AND THE REQUESTED VARIANCES.
I DON'T THINK THERE'S ANY OTHER COMMENTS THAT WE CAN HEAR THAT'LL MAKE ANY DIFFERENCE.
WE CAN SEE IF THERE'S ANY OTHER COMMENTS.
NOW THAT'S, THIS IS THEIR NEW GUNNER.
THIS, THIS ISN'T, THIS ISN'T GETTING ON THE RECORD.
I THINK WE HAVE TO COMMENT THIS.
WE CAN DISCUSS THIS DURING, ALL RIGHT.
YEAH, WE MAY, UM, I THINK WE'VE ADJOURN THIS.
WE'VE, WE'VE ABSORBED AS MUCH AS WE CAN REGARDING THIS.
SO WE HAVE TO GIVE IT SOME THOUGHT BOTH ON THE, UH, PROBLEMS WITH THE CODE WE HAVE, AS WELL AS THE SITUATION THAT'S BEEN PRESENTED TO US.
YEAH, WE WILL ADJOURN FOR OUR DELIBERATIONS.
AND YOU'RE WELCOME TO SIT AND LISTEN.
HOWEVER, UM, YOU CANNOT SPEAK AT THAT POINT.
UH, THEY, THEY FINISHED THEIR CONVERSATION, UM, AND THEY WANTED TO COME, COME BACK.
WE'RE BACK TO, WE'RE BACK TO 24 28, WHICH WE KIND OF ADJOURNED FOR THE MOMENT AND WE WANNA SEE IF YOU'VE MADE ANY PROGRESS WITH WHETHER THIS CAN BE RESOLVED OR NOT.
MADAM, MADAM CHAIRMAN, WE APPLAUD YOU.
THANK YOU FOR YOUR WISDOM FOR ASKING US TO, TO SPEAK.
AND I THINK WE DID COME TO TERMS. YES.
UM, I'M MORE THAN HAPPY TO, UM, DISCUSS ANY POSSIBLE ALTERNATIVES.
I THINK THAT WE'RE ON THE SAME PAGE AND THAT HAPPY TO, YOU KNOW, HAVE THE EXPANSION AS LONG AS WE HAVE A PROPER BARRIER OF A, OF A PRIVACY ALSO THAT PROVIDES A SECURITY FOR OUR NEWBORN WHEN IT COMES ALONG.
SO ONCE WE SEE THOSE PLANS, WE WERE HAPPY TO HAVE THAT, IF THAT, IF THAT'S THE CASE.
SO DO YOU NEED TO HAVE THOSE PLANS NOW? OR IS THERE SOMETHING THAT YOU TWO CAN, WELL, I, THIS IS SOMETHING WE DISCUSS IS THAT I ALSO WANNA MAKE SURE THAT THE NEIGHBORS GET THE TREES THAT THEY WANT.
LIKE I DON'T WANT THEM TO SIGN UP, AGREE TO A KIND A TREE RIGHT NOW THAT THEY MAY NOT NECESSARILY BE ON BOARD WITH.
NO, I'M JUST SAYING, HAVE YOU AGREED THAT YOU HAVE THE ABILITY TO BETWEEN
[03:05:01]
BE PART OF OH YEAH.VERY AMICABLY, BECAUSE ALL WE ARE DOING IS SAYING YES, YOU CAN, YOU KNOW, WIDEN THE DRIVEWAY A LITTLE BIT.
I I THINK WE WOULD RESPECTFULLY ASK THAT YOU PLACE A CONDITION ON YOUR APPROVAL.
THAT THE REVISED PLAN SUBMITTED TO THE BUILDING DEPARTMENT, ENGINEERING DEPARTMENT AND AND SO ON, WOULD BE, WOULD CONTAIN THAT SCREENING.
PERHAPS EVERGREEN PLANTINGS, THE LENGTH OF THE, THE DRIVEWAY CODE COMPLIANT 12 FEET FROM THE STREET.
UH, ONE OF THE THINGS THAT WE'LL BE DISCUSSING IN OUR DELIBERATION IS WHETHER OR NOT WE WOULD BE APPROVING THE THREE CAR SOLUTION, NOT THE FOUR CAR SOLUTION COR.
WE WE'RE REQUESTING A THREE CAR, WHICH IS A LESSER VARIANCE.
SO BECAUSE OF THE WATER UNDERNEATH REQUEST, WE CAN'T DO BEFORE? NO, NO, NO, NO.
WE'RE JUST GONNA CONDITION JUST A CONDITION.
I THINK ALSO, UM, WHEN WE SPOKE TO, YOU KNOW, MR. MR ANOVA, UM, TIMING FOR THIS PROJECT IS OF, IN ESSENCE BECAUSE HE'S EXPECTING A BABY AND WE'D LIKE TO HAVE THE DISTURBMENTS DONE.
THAT'S WHY I'M, I WANNA KNOW IF YOU TWO CAN, YOU KNOW, OR THREE OR FOUR
UH, SIMPLY WITH US PUTTING IN A CONDITION THAT THERE WILL BE A BARRIER PUT UP TO THE, UH, I, I DON'T KNOW WHAT LANGUAGE I SHOULD USE, BUT TO THAT, THAT BOTH SIDES HAVE WORKED OUT.
UM, AND WHAT ELSE CAN I SAY? PLANTING CONDITION.
WE'LL ASSIST YOU WITH THE CONDITION.
I THINK MAYBE, PERHAPS SOMETHING ALONG THE LINE OF EVERGREEN PLANT THINGS TO LEAVE IT OPEN-ENDED, RIGHT? MM-HMM.
IF THAT'S SOMETHING THAT NEEDS OKAY.
IN CONJUNCTION WITH THE NEIGHBOR.
AND THANK YOU TO MR. CASANOVA FOR, FOR SPEAKING WITH US.
THIS IS YOURS, RIGHT? NO, THAT'S ACTUALLY, UM, ELIZABETH.
NO, TONIGHT WOULD'VE BEEN A GOOD SNACK NIGHT.
ALRIGHT, JUST BACK ON THE RECORD.
LET'S, LET'S GET, LET'S GET STARTED HERE ON OUR DELIBERATIONS.
DO WE WANNA DO A STRAW VOTE OR LET'S DRAW IT FOR CHICK.
SO CHICK CHICK, CHICK CHICK CHICK CHICK CHICK CHECK.
WANT ME TO START CHICK-FIL-A YES.
I VOTE TO GRANT, I'LL GO TO THE LEFT.
NOW WE'RE DOING A STRAW VOTE FOR CHICKA.
WE'RE DOING A STRAW VOTE FOR CHICK-FIL-A.
I WILL, I STARTED AN I SAID GRANT.
WHAT IS THE SAME THAT EVERYBODY SAY? I MEAN, GRANT, GRANT.
AND I'M GRANT, BUT DO WE WANNA DISCUSS WHY? NO, NO.
I THOUGHT IT WAS A WONDERFUL PRESENTATION.
THEY GAVE US SO MUCH TO READ WHAT THEY WAS GONNA DO.
GAVE US SOME GOOD ALTERNATIVES THIS TIME THAT WERE MUCH IMPROVED.
I JUST THOUGHT IT WAS VERY THOUGHTFUL AND, UM, TOOK A LOT OVER THE, WELL, YOU GOTTA SPEAKING TO THE MIC.
WELL, THERE'S SMILING PEOPLE OVER THERE, OR THERE SHOULD BE SMILING.
'CAUSE WE'LL NEED TO WRITE THAT UP AND EVERYTHING.
NOW WE'RE WITH, UH, GLEN P WHAT ARE WE, IS THERE ANYTHING THAT I THINK THAT COMMENTS THAT WE HAVE? UH, I, I THINK IT WAS A, THIS STARTED OUT, IT WAS A PRETTY WEAK PRESENTATION.
I THOUGHT, DO YOU WANT SOMETHING ELSE? I MEAN, I, HE DID SAY WHEN HE, WHEN WE GOT THIS BEFORE THAT THEY WERE TEARING, THEY WERE GONNA TEAR DOWN THE OLD BUILDING AND MAKE IT BIGGER.
WE HEARD THIS A LOT LAST MONTH.
AND HE ALSO HAD THE WHOLE PLACE STOCK WITH THE BIG, WHAT DO YOU CALL 'EM? BIG TRUCKS, RIGS, BIG RIGS.
THAT'S WHY IT WAS SO, SO JUST DO PEOPLE THINK I WASN'T PART OF THE FIRST DECISION IN 2017 WHY THE 25 SPACES WERE REQUIRED? DO THOSE OF YOU WHO WERE THERE THINK THAT BECAUSE THEY, THEY WOULD, LOSING 17 SPACES IS GONNA BE A PROBLEM.
THE, THE PROBLEM IS THAT THERE'S REALLY
[03:10:01]
VERY LITTLE SPACE IN WHICH TO PARK OUTSIDE OF THE PROPERTY, THAT YOU HAVE ANY OF THOSE PEOPLE.THE STREET, BECAUSE OF THE WAY IS TOTALLY PACKED.
BECAUSE OF THE WAY IT, IT'S IT'S SET UP.
THEIR ISSUE REALLY ONLY COMES INTO PLAY WHEN THERE'S SOME TYPE OF EMERGENCY, WHICH NORMALLY THEY DON'T HAVE MUCH EMERGENCIES THERE BECAUSE YOU DON'T HAVE PEOPLE ACTUALLY LIVING THERE.
BUT THE OTHER THING IS THAT, UM, WHEN IT RAINS, IT POURS AND FLOODS.
YOU HAVE TO GET THE CARS OUT SO THEY'RE NOT THERE.
SO I THINK THE LAST TIME WHAT WE DID IS WE ASKED FOR A PLAN THAT HE ACTUALLY GAVE US, WHICH SHOWED A REALISTIC VIEW.
AND THEN IT CAME UP WITH A COUPLE OF MORE SPACES.
SO I THINK THIS IS WHAT WE WERE ASKING FOR.
AND I WAS OKAY WITH THAT BECAUSE REALISTICALLY THEY DON'T EVER HAVE THAT MANY CARS IN THERE ANYWAY THAT THEY'RE WORKING ON.
ONE OTHER THING I THINK I ALSO WANTED TO MENTION IS, UM, WE'VE THOUGHT ABOUT THIS AS STAFF IS, UM, THE, THE PRESENT MODEL OF THE BUSINESS IS SUCH THAT THEY DON'T HAVE A LOT OF EMPLOYEES, THEY WORK ON LARGER TRUCKS.
SO WE SAY TO OURSELVES, OKAY, WELL THIS SEEMS LIKE IT WILL WORK FOR THIS APPLICANT, HOWEVER THE VARIANCE RUNS WITH THE LAND.
SO IN LIGHT OF THAT, UH, THE BUILDING DEPARTMENT, WE GOT TOGETHER AND THOUGHT ABOUT A POTENTIAL CONDITION IF YOU WERE INCLINED TO APPROVE.
AND THAT CONDITION WAS, UM, ADDED TO THE MEMO THAT, UM, LIZ CIRCULATED, I BELIEVE, UH, YESTERDAY OR THE DAY BEFORE.
AND THAT IS THAT, UH, PARKING WOULD BE CONFINED TO ONLY THOSE LOCATIONS SHOWN ON THE PLAN.
SO REALLY IT SETS THE SITE UP IN PERPETUITY SUCH THAT IT'S NOT TRANSFERRED TO SOMEONE THAT HAS MAJOR PARKING NEEDS.
UM, THEY ESSENTIALLY WOULD HAVE THAT, UM, CONDITION IN PLACE SO THAT THE BUILDING AND DEPARTMENT CAN GO AND MONITOR AND ENSURE THAT PARKING SPACES ARE NOT JUST ALL OVER THE SITE WILLY-NILLY.
SO WE DO FEEL LIKE THERE'S A LONG TERM SOLUTION THROUGH CONDITION, UM, THAT WILL RENDER THE USE VIABLE IF YOU'RE INCLINED TO APPROVE.
YOU KNOW, YOU HAVE TO UNDERSTAND THAT THE ONLY THING THAT'S BEFORE YOU IS A REQUEST TO REMOVE THAT CONDITION.
SO YOU'RE ACTING IN TALKING ABOUT THIS AS IF IT'S A STRAIGHT VARIANCE NEW WAIT, THEY'RE HERE.
THEY'RE NOT REQUESTING AN AREA VARIANCE IN ADDITION TO REMOVING THE CONDITION.
NO, THEY HAVE THE VARIANCE ALREADY.
CAN WE, THEY WERE GRANTED THE VARIANCE.
THE ONLY THING THEY WERE ASKING FOR IS THE REMOVAL OF THE CONDITION.
AND I WAS WAITING FOR THE APPLICANT TO SAY IT LAST TIME AND I WAS WAITING FOR HIM TO SAY IT AGAIN TODAY.
AND THAT IS VERY SIMPLY, THE CONDITION WAS BASED ON HIM PARKING CARS ACROSS THE STREET ON A PROPERTY.
UH, THAT IN FACT IS BELOW THE FLOOD ELEVATION AND THEREFORE IT WAS WOULD'VE BEEN UNUSABLE ANYWAY, THE WHOLE PURPOSE OF THAT WAS ERRONEOUS ACTUALLY.
AND IT TURNS OUT THAT IT'S ACADEMIC BECAUSE THEY LOST THE LEASE, WHATEVER OPTION THEY HAD TO LEASE THE PROPERTY BECAUSE IT WAS LEASED TO SOMEBODY ELSE.
SO WE THAT'S A NON-STARTER NOW ANYWAY.
CAN WE MODIFY THE CONDITION TO WHAT YEAH.
MODIFYING IT, AND THEN MAKE THE MODIFICATION SAYING THEY CAN HAVE FEWER SPACES, BUT THEY MUST BE ON SITE.
WELL, WHAT WE CAN DO IS, UH, TECHNICALLY DO THEY NEED ANOTHER VARI? SO, SO THE SATELLITE PARKING SPACES WERE A RATIONALE THAT GAVE YOU THE COMFORT TO GRANT IT LAST TIME, BUT YEAH, THEY WEREN'T, UM, INCLUDED IN THE CALC TO REDUCE THE ACTUAL NUMBER.
SO ACTUALLY THEY ALWAYS NEEDED THE LARGE VARIANCE.
THE 25 SPACES ARE, ARE NO LONGER IN PLAY, BUT THEY'RE ACTUALLY PROVIDING MORE ON SITE THAN ARE ORIGINALLY.
SO THE NUMBERS ARE GETTING BETTER, IF YOU WILL.
UM, AND IT'S JUST SIMPLY REMOVING THAT CONDITION, UH, TO TAKE AWAY THE 25, WHICH ARE NO LONGER VIABLE IF THEY REMOVE IT.
IT'S NOT TO SAY THEY JUST TURN IT INTO A STORAGE FACILITY AND DON'T USE THOSE, HAVE THOSE SPACES.
DIFFERENT PARKING REQUIREMENT.
SO MY SUGGESTION IS YOU CLOSE THIS DECISION.
BUT THERE STILL WOULD BE A CONDITION.
WE'RE REMOVING THE OLD CONDITION, THE LOCATION OF THE, OF THE PARKING SPACE.
[03:15:02]
RIGHT.AND NEXT WE HAVE THE NEVER ENDING DRIVEWAY.
I, I JUST WANNA SAY, I THINK IF WE DO THIS, WE ARE OPENING A CAN OF WORMS THAT WILL BE IMPOSSIBLE TO CLOSE.
AND EVERYBODY WITH A SICK CHILD, ELDERLY PARENT, DISABLED RELATIVE WHO STAYS WITH THEM WILL BE COMING TO US AND QUOTING THIS WELL, BUT WE'VE ALREADY DONE THAT.
YOU'RE LETTING THEM PUT IN A DRIVEWAY.
PEOPLE HAVE, PEOPLE HAVE CHILDREN WHO ARE DISABLED.
THEY HAVE OTHER THINGS THAT COME ABOUT WITH FAMILIES.
UM, WE KIND OF WISED UP TO SOME EXTENT AND WHAT WE CAN PUT AS CONDITIONS TO THINGS.
BUT, UM, WE JUST GRANTED, UH, A DECK, TWO DECKS LARGER WITH COVERS FOR ONE WAS FOR ONE WITH A DISABLED CHILD AND ONE WAS RIGHT.
THIS IS A, YOU KNOW, PAVING OVER YOUR WHOLE FRONT YARD.
IT'LL, IT'LL, IT'LL BE TEMPORARY.
WHAT THEY, IF THEY HAVE TO COME BACK EVERY YEAR.
EVERY YEAR AND THE CONDITION DOESN'T REQUIRE IT.
AND MAYBE ANOTHER SICK RELATIVE.
I, I, I DON'T, I I, I DON'T KNOW.
I JUST CANNOT TELL THEM I, I'M VOTING YES.
TELLING SOMEONE THAT PUT THE MAN IN A WHEELCHAIR WHO YOU'RE LIKE, THAT DEFEATS HIS EGO AND EVERYTHING WHEN HE CAN STILL WALK, MAKE THE MAN, THE OLD MAN GIVE UP.
THAT'S, I MEAN, IT, IT, IT'S ONE THING WHEN IT'S PERMANENT BUT TEMPORARY.
AND THERE ARE SEVERAL CIRCULAR DRIVEWAYS IN THE NEIGHBORHOOD, SO IT DOES ACTUALLY FIT IN.
HE HAS, THERE'S, I DON'T KNOW WHY WE, EVEN LAST TIME WE SAID, WHY ISN'T HE TAKING THE SHORTCUT THROUGH THE GARAGE? 'CAUSE IT'S LONGER AND THERE ARE MORE STAIRS.
SEE, HE DIDN'T PUT A LOT INTO THE RECORD.
HE DID THE FIRST TIME SAY THERE WERE MORE STAIRS TO WALK UP.
UM, LIKE I SAID, THAT THOSE HOUSES WERE ALL BUILT BY THE SAME.
SO I KNOW WHAT THE INSIDE OF THE HOUSE LOOKS LIKE.
SO I'M GOING BY MY OWN KNOWLEDGE ON WHAT HE HAS TO DO.
I'M CURIOUS THAT HE TOOK OUT THE WALKWAY.
WE WAS SAYING IT HAD STEPS AND NO, NO, HE TOOK, HE TURNED IT INTO A RAMP FIRST.
HE TOOK OUT THE WALKWAY, TURNED IT INTO A RAMP.
BUT YOU NORMALLY WOULD USE THAT, YOU WOULD PUSH SOMETHING ON AS OPPOSED TO STOP AND SPEND UP STRAIGHT, YOU KNOW? SO I DON'T KNOW.
WHAT DO OTHER PEOPLE THINK? I MEAN, IT'S, AT THIS POINT IT'S WITH THE CONDITION THAT IT COMES OUT.
AND COULD WE PUT IN A CONDITION THAT HE CAN'T PAVE IT? THAT IT HAS TO STAY? YEAH.
SO I THINK THOSE TWO CONDITIONS, WE CAN DO THAT.
IT HAS TO STAY THE, THAT'S WHY GRAVEL, I ASKED HIM WHAT KIND OF MATERIAL WAS THERE.
AND HE HASN'T CUT INTO THE CURVE.
IT WOULD ALSO REMAIN A TEMPORARY CERTIFICATE AND HE WOULDN'T BE ABLE TO TRANSFER THE PROPERTY UNTIL THAT CERTIFICATE IS CLOSED OUT.
SO HE WOULD HAVE TO MEET THOSE CONDITIONS.
SO WHOEVER WANTS TO WRITE THAT UP CAN GET INFORMATION.
WELL, I DON'T THINK WE'VE VOTED YET, OR WHAT I'M SAYING IF, IF THAT'S WHAT YOU WANT TO DO.
I THINK IT'S WRITTEN UP THERE.
THERE IS OH, FULLY WITH ALL THE FINDINGS AND EVERYTHING? NO, NO, JUST NO.
SO THAT WOULD BE, WE WAIT, DO WE HAVE FOUR? WAIT, DO WE HAVE FOUR? I DON'T KNOW.
SO YOU COULD GO, YOU COULD GO.
UH, I WAS GOING THROUGH
I, I'VE DEALT WITH THIS, THIS ISSUE BEFORE.
[03:20:01]
I THIS IS YOUR SALEM.SHE ALSO TOOK CARE OF MY MOTHER UNTIL SHE WAS LIKE 90.
AND I KNOW WHAT IT'S LIKE TAKING CARE OF AN OLDER PARENT AND HAVING HAVE TO GO UPSTAIRS.
WELL, MOVING ON TO SALEM ROAD.
THIS IS THE HOUSE THAT WE HAVE TO GET PICTURES AND PUT IT IN PERSPECTIVE TO FIND OUT WHERE THE BACK OF IT WAS.
BUT WE FIGURED WE OUT WASN'T AN EXTRA PIECE, BUT IT WASN'T AN EXTRA PIECE.
I I THINK THE THEME OF SO MANY OF THE PRESENTATIONS TODAY WAS NO PICTURES.
I, IT WAS JUST THE PRESENTATIONS WERE NOT THE CALIBER THAT WE'RE USED TO.
BUT THERE WERE A LOT OF 'EM,
I DO NOT HAVE AN ISSUE WITH THIS ONE.
ONCE WE FIGURED OUT WHAT WAS GOING SMALL.
SO ALL THEY DID WAS RAISE, UH, ALREADY THE AREA THAT WAS JUTTING OUT.
AND THEY JUST MOVED IT UP? NO, THEY'RE MAKING A BEDROOM.
THEY'RE MAKING A UNBELIEVABLE SPA.
BUT THEY HAVE
OH, YOU DIDN'T LOOK AT THE FLOOR PLAN? NO, IT SAID, OH, YEAH.
PART THE MASTER BEDROOM, BEDROOM.
WELL, DIDN'T KNOW BECAUSE THERE WAS NEVER A COMPLETE FLOOR PLAN OF THE WHOLE FLOOR.
I MEAN, IT WAS THE MOST INCOMPLETE.
NO, THERE WAS NOT OF THE WHOLE FLOOR.
BROKE IN THE MIDDLE OF A ROOM.
SHOWED WHERE THE OTHER, THIS ONE BEDROOM WAS THE OTHER BATHROOM.
I'LL, DO YOU HAVE THE, YOU WANT ME TO FIND, DO? NO.
DO YOU HAVE 22? I THINK THERE'S A SPECIAL ONE FOR 20.
HOW OLD DO YOU HAVE? UH, IT DOESN'T HAVE CONDITIONS ON IT.
SO IT'S GONNA HAVE TO BE REDONE.
26? NO, THE ONE THAT WOULD, I THINK SHE'S TALKING ABOUT THE PREVIOUS ONE.
BUT THAT, BUT THAT WE ARE GOING TO GET THIS ONE.
THEY ALREADY HAVE IT WRITTEN UP.
IT DOESN'T, IT SAYS DOESN'T HAVE.
SO NOW WE'RE UP TO 24 27, WHICH IS ROXBURY ROAD.
I, DAVID WAS JUST THE BRICK, THE BRICK, UH, IF YOU'VE LOOKED AT THE PHOTOS, NOT THE ONES THEY GAVE YOU, BECAUSE THERE AREN'T ANY
THIS IS, UM, THESE, OH, THESE, YEAH.
THIS IS THE ONLY THING I LOOKED AT THIS, IN THIS SONG, THEY PAVED PARADISE AND PUT UP APARTMENT.
I HAVE TO SAY THOUGH, I LIVE RIGHT AROUND HERE.
THE HOUSES, THIS IS A 4,000 SQUARE FOOT LOT.
THE THE HOUSES LOOK HOW MUCH PAVED FIVE PATIO HOUSE ON IT.
THERE'S HONESTLY LIKE, THERE'S NOTHING.
IT IS A TEENY LITTLE HOUSE, BUT I'M JUST SAYING.
BUT THEY GOT, BUT THEY CAME BECAUSE THERE'S NOTHING, THERE'S NOTHING LIKE THIS.
LIKE YOU COULDN'T, EVEN IF YOU MADE IT SMALLER, IT'S NOT, IT'S LIKE A NEW YORK CITY HOUSE.
LIKE IT'S LITERALLY QUEENS OR SOMETHING.
NO, IT'S, THE GARAGE WAS ALREADY NON-CONFORMING.
A TREE FELL ON IT, I THINK AND DESTROYED.
THAT'S THE LAST TREE TO LIVED THERE.
SO THEY WANT TO REBUILD THE GARAGE EXACTLY WHERE THE OLD ONE WAS.
AND IF YOU SAW THAT NEIGHBORHOOD, I'M TELLING YOU THOSE LITTLE TINY HOUSES AND THEY'RE ALL AROUND EACH OTHER AND EACH ONE IS COMPLETELY PAVED.
WELL, ONE HAD THERE NOT, IF WE DENY THIS APPLICATION, THEY CAN'T HAVE A GARAGE.
AND THERE IS NO PARKING THERE AT ALL.
BUT NO, I'M NOT, I'M NOT SAYING DON'T GIVE HIM THE GARAGE, BUT SAYING COULD YOU TRY, COULD, YOU'RE MAKING REDUCE TO ADD SOME, IT'S NOT, I'M TELLING YOU, TAKE SOME SPACE AND NOT, IT'S NOT GONNA MAKE A DIFFERENCE SHOT.
EVEN IF THEY COME MAP A BIG IMPERVIOUS SURFACE.
HE WANTS, HE WANTS YOU TO CUT THE PATIO BACK.
THAT'S WHAT YOU WERE SUGGESTING.
THAT THEY, I MEAN, JUST SHOW SOMETHING.
CUT THE PATIO IN HALF, YOU KNOW.
BUT THEN THEY HAVE NO YARD, BUT THEN THEY, NO, NO.
THEY HAVE, THEY'D HAVE ROOM TO PLANT A NEW TREE.
THAT'S THE LAST THING THEY WANT.
IT'S LIKE GENEROUS TO GIVE THEM THAT PATIO SO THEY CAN ACTUALLY GO OUTSIDE.
THEY'RE SAYING IT'S 21 FEET FROM THE HOUSE TO THE BACK LINE.
[03:25:01]
TELLING YOU, THERE'S A HOUSE RIGHT BEHIND IT.IT IS A TINY LITTLE, I, I TRIED TO GET A LOOK BEHIND.
BUT, BUT YOU KNOW, BUT EVERYBODY WE GET HERE IS COMPLAINING ABOUT FLOODING, ESPECIALLY ME.
AND SO AS WE KEEP LETTING EVERY HOUSE TAKE OVER MORE AND MORE SPACE AND WELL, THIS, NOT HAVE TREES, BUT THIS IS NOT NEW SPACE.
THIS HAS BEEN EXISTING FOR, SINCE LIKE 1950.
AND THAT'S THE REASON NOT TO TRY TO MAKE IT BETTER.
NO, THEY HAVE A, THEY HAVE A, A, A, WHAT DO YOU CALL IT? A DRAIN RIGHT IN FRONT OF THE, WHERE THE GARAGE WAS.
I KNOW IT'S BEEN THERE FOREVER.
AND THAT'S WHY I'M SAYING LET 'EM BUILD IT.
BUT A HUNDRED YEARS, REMEMBER IN THE DESCRIPTION, IT'S LIKE, BUT IF IT HADN'T BEEN FOR THAT TREE, IT WOULD PROBABLY BE THERE ANOTHER A HUNDRED YEARS.
THEY'VE GOT LIKE A FEW FLOWERS AND A LITTLE BED.
SO WE'RE ALL SAYING YES, NO, WE HAVE A NOTE DOWN THERE.
NO, IT'S JUST, SHE'S MUCH MORE, WE HAVE A MAJORITY.
WHEN, SO WHERE, WHERE ARE WE AT? I OKAY.
GAVE CHICK-FIL-A WHAT? DID YOU THINK I'D DO THAT? I DIDN'T.
AS SOON AS WE HAD THE CONVERSATION.
AND I FIGURED, I KNEW, I WAS LIKE, OH, OKAY, NOW I KNOW.
NOW I KNOW EXACTLY WHAT HER CONCERNS WERE.
AS SOON AS WE WERE SITTING, THEY WERE REASONABLE.
WE WERE LITERALLY AS I KNOW IT LOOKED LIKE WE WERE TALKING, BUT I WAS EXPLAINING TO HER WHERE WERE THE PROPERTY LINE.
THE WHOLE TIME WE WERE WORKING.
AND AS SOON AS WE DID THAT, THEN SHE WAS ON BOARD.
AND YOU HAVE TO GO DOWN OLD KENSICO, BECAUSE IF YOU DON'T, YOU HAVE TO GO OUT AROUND, UP CENTRAL AVENUE, DOWN BACK BY.
THAT WAS EXACTLY, WE WENT LET THAT, AND THE CARS ARE PACKED UP IN ALREADY TWO LINES.
SO THE DEVITO, WHAT DO WE HAVE TO HAVE? WAIT, I'LL DO THAT ONE, WHICH IS THE DEVITO'S.
DO YOU HAVE THE CONDITIONS? WE HAVE CONDITIONS, YES.
AND YOU SAID IT HAD, YOU ALREADY HAD IT WRITTEN UP.
OH, IF NOT, IF SOMEBODY JUST WANTS TO WRITE THEM ON HERE WHILE WE'RE DELIBERATING.
YES, WE DO HAVE THE CONDITION.
AND ALSO FOR PRIZER, WE DO HAVE THE CONDITION FOR THAT AS WELL.
SO 24, 28 IS PEOPLE, THEY HAD THE CONVERSATION AND AGREED.
WHO, WHO WANTS TO DO THAT ONE? WHICH ONE? I HAVE 22, 20 EIGHTH YEAR WITH THE, UH, EXTRA LANDSCAPING.
WE HAVEN'T GONE FROM THERE YET.
OH, WE DIDN'T WITH THE, UH, WE'RE DOING, THAT'S NEXT.
NO, I HAVE, I HAVE 22, PROBABLY BOTH ON, WAIT, HERE'S 22.
YOU GAVE US ALL, I HAVE DECISION ONLY ON PRICE.
OH, THAT'S WHAT WE WERE ALL CONFUSED.
SO YOU'RE JUST GIVING GOOD ONE.
SO 24, 28 IS, IS THE ONE GONNA DO THE, WHERE THEY'RE GONNA, UH, OH, FOR 24.
KNOW I TOLD EVERYBODY I WAS GONNA BE HERE TILL MIDNIGHT.
AND LET'S, KIRA, I CAN DO, WHO'S GOT 27? 24, 27.
OH, THEY SAID I WAS A MEANIE SO THAT WE HAVE TO APPROVE IT.
YOU COULD, YOU COULD, YOU COULD.
I'M ON WHICH ONE? IT'S PAY PARADISE.
IT'S ALREADY, IT'S LEON, THE ONE THAT SHE WAS SAYING NO TO.
IF IT WASN'T, SHE'S SAYING NO TO BECAUSE IT'S ALREADY THERE AND IT'S BEEN THERE FOR YEARS.
I DON'T MIND, I DON'T MIND THEM REPAIRING THAT.
YEAH, SHE WAS GONNA SAY NO TO THIS OPPORTUNITY.
BUT THAT'S LIKE MORE EXPENSE FOR THEM.
THEY ALREADY HAD A TREE GOING TO THE GARAGE.
IT STILL ON THE TREE IN THE GARAGE.
I GO BUSH, YOU HAVE TO GO DRIVE OVER THERE AND I HAVE NO IDEA WHERE WE'RE AT.
I PROMISE YOU WE'RE ON 24, 28 DEVITO.
THAT WAS THE CONVERSATION WHERE THEY'RE GONNA TALK.
SO WE HAVE TO, WE'RE ALL GOOD.
WE'RE SUBJECT TO SCREENING TO THE SATISFACTION OF THE TOWN FOREST FOR YOU OFFICER AND THE NEIGHBORS? NO, WE'LL, WE'LL REACH OUT AND, AND, AND IT'S GONNA BE TO THE TOWN FOREST ADDRESS.
SO YOU CAN'T CONDITION TO, TO A NEIGHBOR'S APPROVAL.
BUT, UM, WE'LL MAKE SURE THE NEIGHBOR HAS INPUT.
SO WE GRANTING IT OR WE WE'RE GRANTED WE'RE GRANTING.
AS LONG AS EVERYBODY AGREES OR FOUR OF US, UH, GRANTING THE THREE CAR SOLUTION THOUGH, THAT'S THE ONE THAT THEY'RE NO, THAT'S THE ONE.
I'M, I'M, I'M NOT GRANTING AT THIS POINT.
THE ONE THAT'S, THAT'S TRYING TO GET APPROVED? NO, THERE'S NO, IT'S ALTERNA PLAN.
THE THREE AND FOUR ALTERNATIVE PLAN.
IF THEY WOULD USE THE GARAGE FOR THE CAR.
[03:30:01]
AND FOUR CHANGED.BUT I WAS TALKING ABOUT THE FOUR CARS PARKED IN THE DRIVEWAY.
THAT'S, NO, HE'S UP TO THAT'S HE'S HE'S UP.
THIS OFF THE TABLE FOR RIGHT NOW.
THAT'S PRESTA, OMO, OMO YOU'RE TALKING ABOUT? YEAH.
I KNOW WHAT YOU'RE TALKING ABOUT.
ONE THAT YOU COULD PUT FOUR CARS AND ONE THREE, THEY SCRAPPED THE FOUR CAR LINE, RIGHT.
THEY TOOK OF THE GAS LINE THAT RAN UNDER THE PROPERTY.
SO THEY'RE JUST DOING THREE CARS.
WE DON'T HAVE TO CONDITION, THAT'S WHY IT DOESN'T GO ALL THE WAY TO THE HOUSE.
THAT'S NOT IN THE, THAT'S NOT IN THE PLANS THAT WE'RE APPROVING.
BUT WE SHOULD CONDITION IT FOR THE SCREENING SUBJECT TO WHAT ARE YOU CONDITIONING IT ON? SCREENING.
SCREENING TO THE SOUNDS FOREST? YEAH.
OH YEAH, THAT'S, THAT'S THAT ONE.
WE HAVE NOT ASSIGNED TO ANYONE YET.
YOU WANNA DO THAT ONE? UH, NO.
WHAT? WHAT ARE YOU LOOKING FOR? NO, NO, NO.
I JUST WANNA MAKE SURE THE DATE OF THE THREE CAR PLAN.
JUST WANNA MAKE SURE THE DATES ARE RIGHT ON THE YEP.
DID YOU, DID WE HAVE SUPPLEMENTAL PAGES FOR THAT? WHICH ONES ARE YOU TALKING ABOUT NOW? OH, THE 23.
IS GRANT SUBJECT TO THE SCREEN? BUT YOU HAVE THE I'M DOING 27.
YOU SAY THAT VERY, MY FIRST HUSBAND'S LAST NAME WAS KAWANA.
I DIDN'T KNOW THAT YOU WERE MARRIED BEFORE.
I LOOKED A VERY VARIED LIKE YES TOO.
HOW LONG WERE YOU, HOW LONG WERE YOU MARRIED TO YOUR CURRENT HUSBAND? 37 YEARS.
THAT'S NO, THIS ONE WAS WEDDING TO INK DRY ON THE DIVORCE THREE YEARS.
THAT WAS THE REBELLIOUS FIRST MARRIAGE.
WHAT'S THE OTHER? THAT WOULD BE THE OTHER OPTION.
YOU WANT US TO PASS SOMETHING? UM, I THINK GARY, GARY, JUST GARY WHO'S DOING 24? THERE'S 24.
IS THERE? I DON'T THINK THERE IS A 24 IS IT? NO, THERE ISN'T.
I THOUGHT YOU WERE DOING, I'M JUST GONNA READ IT.
I JUST DECIDED TO SAY NO POSITION ON EVERYTHING FOR BOTH OF THEM.
WHICH IS WHAT SHE WANTS ACTUALLY.
WHICH BASICALLY SAYS THE PARTYLAND STAYS.
HE HAS TO MOVE THE GAR GARAGE, MOVE THE DRIVEWAY OVER AND CREATE A THREE FOOT BUFFER.
NO, I THINK THEY WANT THE MONEY SO THAT THEY CAN, OH WELL I FORGOT ABOUT THOSE.
SHE REMEMBER THEY'RE BUYING THAT PIECE OF PROPERTY, SO YEAH, I DON'T, I DIDN'T, I DON'T KNOW THAT SHE CARED.
I DIDN'T GET, I THINK SHE JUST DIDN'T WANNA SPEND ANY MORE MONEY ON LAWYERS.
SO THAT SHE CAN SELL, PLAN THEIR ESTATE.
NO, BUT IF IT'S OVER, IF WE DON'T GRANT THE VARIANCES.
WELL HE'S GONNA HAVE TO DO SOMETHING ABOUT THE DRIVEWAY IN MY MIND.
GOTTA, WHERE ARE WE NOW? DEDICATE? WE'RE ON 29 OR 10 30.
YOU'RE DOING 26, AREN'T YOU? I'M DOING 26.
I'M GIVING YOU ALL MY ONES NEED.
GONNA BE A LOT OF PAPER FOR THE BIRDS.
ALRIGHT, SO WHAT ARE WE TALKING ABOUT NOW? 29 AND 30.
CAN WE JUST TALK ABOUT THEM NEXT TIME?
[03:35:01]
UM, WE'RE, UH, ADJOURNING.I MUST SAY THEIR LAWYER DID NOT DO THEM.
ANY FLAVORS? WELL CERTAINLY FOR NUMBER SEVEN.
WHICH IS, I'M SORRY, NINE, SEVEN.
ARE THE, UM, THE FIRST ONE ARE THE PERKINS FAMILY AND THE PERKINS FAIR MAKING A LOT SMALLER? WE DON'T HAVE AN ISSUE WITH THOSE.
NO, I DON'T HAVE AN ISSUE WITH THE SALE.
OR OBVIOUSLY THAT'S NOT IN OURS.
BUT MY ONLY ISSUE IS THE ZERO ON THE DRIVEWAY.
BUT THAT'S NOT IN, THAT'S NOT IN 29.
THAT'S NOT IN 29, THAT'S IN 30.
I THINK IT'S, IT'S GOOD TO DISCUSS THEM TOGETHER.
'CAUSE ULTIMATELY IT MAY NOT MAKE SENSE TO GRANT THE ONE IF YOU DON'T HAVE EITHER QUESTIONS FOR THE OTHER OR.
SO FOR INSTANCE, FOR EIGHT READ LANE INTRODUCING ELGIN BLOCK OR SOMETHING LIKE THAT.
COULD THEY MOVE IT BACK A FOOT, TWO FEET? I DON'T, YOU KNOW.
WHO IS THEY? WE CAN'T USE PRONOUNS ON THIS ONE.
BUT THE PERKINS SAID THEY WERE GOING TO PUT UP SOMETHING.
SO I THINK THAT WHEN WE, I THINK THAT MY, UH, IT WAS MY UNDERSTANDING THAT THEY HAD, EVEN IF IT WAS AN ANTAGONISTIC RELATIONSHIP, THAT THEY HAD REACHED AN AGREEMENT.
AND IT WAS CLEAR TO ME TONIGHT THAT THEY HAVE ACTUALLY NOT REACHED AN AGREEMENT, FULLY REACHED AN AGREEMENT BECAUSE OF THE WATER MITIGATION AND THE FACT THAT THE ONE NEIGHBOR DOESN'T WANT THE, YOU KNOW, I WANNA DO ANYTHING.
HE DOESN'T WANNA, HE WANTS TO KEEP HIS DRIVEWAY GO BACK TO THEM AND SAY TO, YOU KNOW, SEE IF THEY CAN REACH A MUTUAL AGREEMENT ON HOW, HOW, YOU KNOW, WHAT GOES BETWEEN THE PROPERTY AND WHERE IT GOES AND WHO'S DOING IT.
IT MAY NOT HAVE BEEN A VOLUNTARY AGREEMENT.
OH, WHAT IS, THERE WAS A COURT ORDER THAT THE TWO OF THEM AGREED THAT THAT ONE SELL TO THE OTHER.
AND WITH RESPECT TO THE ZERO SETBACK THAT ALREADY EXISTS.
IT IS, ALL YOU'RE DOING IS MOVING THE PROPERTY LINE WITH RESPECT TO THE ZERO.
AND WITH RESPECT TO THE WATER, THE DRIVEWAY IS ALREADY TO ZERO.
CAN'T WE HAVE THEM, THEM DON'T SELL.
I DON'T SEE FRANKIE WHAT THE ISSUE IS ON THAT.
NOW WHAT YOU DO HAVE IS THE, THE, THE ONLY ISSUE THAT I SEE IS THE QUESTION OF THE, ON THE LAST CASE ABOUT THE VARIANCE ON THE OTHER SIDE.
NOW I HAD GOTTEN UP AND I WAS GOING TO SUGGEST THE CONDITION ON THE ZERO SIDE WHEN, WHEN THE ISSUE CAME UP ABOUT THE TRUCK HITTING THE TREES.
AND THEN ALL OF A SUDDEN THE, THE, THE PROPERTY OWNER SAID, NO, I'M TAKING DOWN THE TREES.
AND SHE SAID, I DON'T CARE WHAT THEY DO WITH THE PROPERTY, I'M SELLING IT TO THEM.
UNTIL YOU GOT IN INVOLVED AND ALL OF YOU WITH YOUR QUESTION, EVERYTHING WAS OKAY.
SHE GOT UP AND SHE SAID, YES, I'M GOING TO SELL THEM THE PROPERTY.
AND WHAT THEY DO WITH THAT PROPERTY IS UP TO THEM.
SHE DID SAY THAT, DID SHE? YES.
BUT THEN, BUT THEN, BUT THEN YOU GOT INVOLVED AND SUDDENLY, BUT THE VARIANCE SHE DIDN'T ALIGN WITH, SHE DID SAY SHE DIDN'T WANT THAT ZERO.
YEAH, SHE SAID THAT THAT WAS, THAT SHE WASN'T, BUT SHE'S SELLING THEM THE PROPERTY AND THEY CAN THEN USE THE PROPERTY FOR WHATEVER.
AND THAT'S WHAT I WAS SAYING WAS THAT THERE'S NO WAY YOU CANNOT HAVE A ZERO, UH, SETBACK.
YES, YOU CAN ALONG THE DRIVEWAY.
YOU CAN'T GET TO THE GARAGE WITHOUT THAT ZERO SETBACK.
AND WE COULD JUST SAY THAT AND APPROVE THIS AND BE DONE.
IF IT ANGLED THIS WAY, IT WOULDN'T YES.
WOULD WE HAVE TO DO THAT? IT HAS TO GO ON THE OTHER PERSON'S PROPERTY.
[03:40:01]
IT CAN HANG ANGLE LIKE THIS, LIKE THAT OR WHATEVER.TECHNICALLY IT HAS, IT CAN'T GO ON ANGLE THAT YOU CAN ANGLE IT LIKE THAT.
YOU'D HAVE TO, YOU'D HAVE TO DIG INTO THE DRIVEWAY.
YOU'D HAVE TO PUT THE PILOTS IN NO MATTER WHAT THEY DO.
THEY'RE GONNA HAVE TO DO SOMETHING TO THAT REALLY CAN'T GO ON THE PROPERTY.
BUT AT SOME POINT IT'S GONNA BE A NO, THIS IS, IT CAN BE ON THIS SIDE OF IT.
THEY PUT THIS LOOK BOOTLEG IN IT.
SO YOU'RE SAYING THAT THEY'RE GONNA HAVE TO DO THIS TO THE DRIVEWAY? YEAH, I BELIEVE.
AND YOU GET YOUR THREE FOOT BUFFER OR YOU GET SOMEBODY, YOU GET SOMETHING THAT'S NOT ZERO.
YOU SHIFT THE DRIVEWAY OVER A LITTLE.
I'LL LEAVE YOU THAT TO PONDER BECAUSE THE FENCES TEND TO HAVE GOOD SIDES.
IF YOU, THEY, THEY'RE KIND OF EVEN ON BOTH SIDES NOW.
NOW WITH RESPECT TO THE WATER, NOTHING IS GOING TO CHANGE.
ALL YOU'RE DOING IS CHANGING THE
WELL THAT HAS, THAT REALLY HAS NOTHING TO DO WITH US, BUT, WELL, BUT IF YOU HAD THE BUFFER, ARE YOU DISCUSSING THAT PART? I DON'T IF YOU HAVE, I THINK WE'RE DISCUSSING THE ZERO.
IF YOU HAVE A, A GREEN BUFFER OR YOU HAVE A CONCRETE BARRIER WITH SOMETHING THAT WATER WOULD GO DOWN TO THE STREET AND NOT TO HER PROPERTY, BUT IT'S, YOU'D HAVE TO MOVE THE DRIVEWAY.
THE WATER IS THE WATER IS THE WATER
THE ONLY QUESTION IS ON THIS SIDE OF THE PROPERTY LINE, IT EXISTS.
NOW IT'S GOING TO CHANGE BY VIRTUE OF THE LOT LINE MOVING THE LOT LINE NOT MOVING THE DRIVEWAY.
WHY CAN'T WE SAY YOU MOVED THE LOT DRIVEWAY.
YOU ARE ALLOWED TO MOVE THE, WE'RE ALLOWED TO DO THAT UNDER THE CONDITION THAT THERE'S A BUFFER CREATED.
YOU ARE DOING THIS IN ORDER TO EFFECTUATE A COURT ORDERED THAT SAID WE HAD TO, SHE HAD TO SELL.
WHICH ALLOWED AS A RESULT OF OSTENSIBLY AN AGREEMENT BETWEEN THE PARTIES.
IF THE, THE, THE AGREEMENT WITH THE COURT YOU'RE SAYING WAS THE SALE.
SO WE'RE SAYING THE PROPERTY LINE GETS SOLD, BUT THEN THERE'S A BUFFER THAT THEY HAVE TO NOW THE ZONING IS THAT THEY HAVE TO, SO IF YOU WERE TO DO THAT, THAT'S WHY IT'S SPLIT IN AN EASY WAY.
IF YOU WERE TO DO THAT, THEN THE PARTY WHO'S BUYING THAT PROPERTY IS THEN GOING TO GO BACK TO COURT AND SAY, WELL LOOK, YOUR HONOR, WE WERE PAYING TO BE ABLE TO USE THIS FOR OUR DRIVEWAY BECAUSE THEY'RE BUYING A DRIVEWAY.
THAT'S THE WHOLE PURPOSE OF THIS LITIGATION.
THE PERKINS DID SAY THEY WERE GOING TO PUT WHATEVER THEY'RE GONNA PUT UP ON THEIR PROPERTY.
UH, WHAT I WAS GONNA SAY, NO, YOU'RE YOU'RE BUYING THE DRIVEWAY AND WE ARE NOT GETTING NO, YOU'RE BUYING THE LAND.
WE'RE WE'RE BUYING A DRIVEWAY.
AND NOW THE ZONING BOARD IS SAYING YOU TO CALL BACK.
NO, YOU'RE NOT GONNA GET A DRIVEWAY.
YOU'RE GOING TO GET SOMETHING LESS THAN THAT FOR THE DRIVEWAY.
AND THEREFORE WE DON'T WANT TO PAY $10,000 FOR THAT.
AND THAT'S WHY I SAID SAY NO TO BOTH, BECAUSE WE DIDN'T, WE CAN'T USE IT ALL.
YOU KNOW, THIS THING HAS BEEN GOING ON FOR YEARS AND WE'VE GOTTEN TO THAT POINT,
AND WE HAD ACTUALLY TONIGHT, AFTER THE FIRST CASE, I SAID, GEEZ, I, I DON'T KNOW WHY IT TOOK THAT LONG.
BECAUSE THE ARROGANT LAWYER GOT UP AND WAS NASTY.
NO, BECAUSE YOU GUYS STARTED TALKING THESE, ALL THESE ISSUES.
YOU ALWAYS BRING UP THE ZERO PROPERTY LINE.
DO YOU REALLY WANNA HAVE ZERO? WE ZERO
I, WE LITERALLY MADE MY NEIGHBOR TAKE UP TWO FEET OF PROF OF PATIO THAT WAS THERE FOR 50 YEARS BECAUSE IT WENT TO THE PROPERTY LINE.
ALRIGHT, SO JOE, WHAT WAS THE NEGOTIATED DEAL? WELL, I DON'T UNDERSTAND.
WHAT IS, HOW DOES THAT THEY HAVEN'T DONE IT YET.
IT'S SUBJECT TO NO, THEY CAN'T DO IT UNTIL THERE'S SUBDIVISION.
BUT THEN YOU CAN'T GET SUBDIVISION, YOU, WHEN YOU MOVE A PROPERTY LINE THAT'S CALLED THE RE SUBDIVISION.
IN ORDER TO GET RE SUBDIVISION, THEY NEED THE VARIANCES.
BUT THE, OKAY, SO EVEN IF WE GIVE, IF WE GIVE
[03:45:01]
THE VARIANCE FOR THE SALETHAT'S WHAT THEY WERE ASKING, ASKING, ASKING.
WE'RE BACK TO THE RED CAR AGAIN, RIGHT? NO.
ARE WE SAYING, DO ALL BOARD MEMBERS WANT TO SEE IF THEY CAN SHAPE IT BACK SIX INCHES A FOOT? I MEAN, I DON'T THINK THEY CAN GO MORE THAN MAYBE A FOOT, FOOT AND A HALF.
DO YOU WANT TO ASK THAT QUESTION AND HAVE 'EM COME BACK OR NO, NO, NO.
SO HERE'S, HERE'S MY, HERE'S I'M NOT GONNA SEND THEM BACK TO COURT.
SO IF WE ARE THIS HIM HAVE, HE'S CONFUSED NOW.
A ZERO VARIANCE, RIGHT? BUT THEN WE'RE AT THE SAME TIME REQUIRING SOME KIND OF FENCE, WHICH HAS TO SIT ON THE OTHER PER AS A CONDITION THAT HAS TO SIT ON THE OTHER PERSON'S PROPERTY.
I DON'T THINK WE SHOULD DO THAT.
I DON'T THINK WE SHOULD HAVE A CONDITION THEN LET THEM SOLVE IT.
I DON'T KNOW THAT NECESSARILY FENCE WOULD HAVE TO GO ON THEIR PROPERTY.
THEY, THEY COULD ANCHOR INTO THE DRIVEWAY WITH THE FOOTING.
BUT WHY DO WE HAVE TO CONDITION IT? JUST GIVE 'EM THEIR VARIANCES AND CALL IT A DAY.
UM, THIS IS ANOTHER SIDE OF YOU.
ED, CAN I ASK, CAN I ASK ANOTHER QUESTION? YEAH.
LOU, ASK A QUESTION BECAUSE ARE ARE WE TALKING ABOUT MOVING THE PROPERTY LINE? YEAH.
SO RIGHT NOW THE PROPERTY LINE IS HERE AND IT CUTS THROUGH THE DRIVEWAY.
ARE WE TALKING ABOUT MOVING THE PROPERTY LINE SO THAT IT GOES ALONG THE SIDE OF THE DRIVEWAY? YES.
THAT'S THE WHOLE, THAT'S RIGHT.
THAT THE DRIVEWAY'S BEEN ON THEIR PROPERTY FOR ALL THESE YEARS.
THEY SAY, I WAS ALWAYS THINKING THAT THE PROPERTY LINE STAYS WHERE IT IS AND WE ARE GRANTING THIS EASEMENT.
THIS EASEMENT IS FOR UTILITIES BENEFIT.
SO WE'RE MOVING THE PROPERTY LINE YEP.
THIS BIG THING RIGHT HERE THAT'S COMING THEIR PROPERTY.
SO THE LINE GOES, SO PROPERTY LINE MOVES OVER TO HERE.
SO THEN WE'RE ASKING IF WE, UM, DO THIS AND THEN SAY YOU CAN'T HAVE A ZERO, UH, FOOT, UH, SETBACK THEN THAT THEY'D HAVE TO DO SOMETHING WITH THE WHOLE DRIVEWAY AS IT EXISTS RIGHT NOW.
AND IT'S LIKE WE'RE NOT, THEY WANNA LEAVE THE DRIVEWAY EXACTLY WHERE IT IS.
THEY WANT THE DRIVEWAY TO STAY WHERE IT IS.
AND AS ED EXPLAINED IN COURT, IF YOU WERE TO DO THAT, THEN THEY WOULD ALL HAVE TO GO BACK TO COURT.
WHY? BECAUSE HE COULD GO BACK AND SAY, BECAUSE THE ONE NEIGHBOR WHO'S PAYING THE MONEY IS PAYING THE MONEY FOR HAVE A DRIVEWAY.
AND HE COULD GO BACK AND SAY, I'M NOT GETTING A DRIVEWAY, SO I DON'T WANT TO PAY $10,000.
SO IT'S NOT GOING TO END UP GETTING SETTLED.
BUT AT THE SAME TIME WE WERE THINKING WE SHOULD PUT A CONDITION ON IT THAT THERE SHOULD BE SCREENING OR SOMETHING.
BUT BASED ON THE FACT THAT IT WOULD HAVE TO BE ON THE OTHER PERSON'S PROPERTY, I WOULD SAY WHICH PERSON? FORGET THE CONDITION.
WELL, THE PERKIN SAID THEY WOULD PUT IT WELL LET THEM THAT'S WHAT, THAT'S THEIR, THAT'S YEAH.
SO THE ONLY ONE WHO'S HAVING A, I DON'T THINK WE NEED TO CONDITION IT.
THE ONLY ONE WHO'S HAVING A PROBLEM HERE IS YOU.
THAT'S WHAT? ONLY ON THE ZERO SETBACK? NO, NOT AFTER I'D EXPLAINED IT.
THAT THEY'D HAVE TO GO BACK TO COURT.
'CAUSE WE'VE NEVER DONE IT, QUOTE UNQUOTE, NEVER DONE IT BEFORE.
HOW OFTEN HAVE WE EVER RAN INTO A CONDITION LIKE THIS? UH, AT LEAST TWICE SINCE I'VE BEEN ON THE BOARD.
WELL, WE'VE NEVER HAD A COURT ORDER.
PLENTY OF PEOPLE ASK FOR ZERO ZERO WHEN WE'VE ACTUALLY MADE THEM TAKE UP PIECES OF THE DRIVEWAY AND TAKE UP PATIOS.
SINCE THE PROBLEM IS THE SECOND, THE SECOND THING THAT THE PEAS WANT, IT'S THE 2.5.
WHICH IS WHERE THE BUBBLE OF THE, IT'S THE BUBBLE.
THE ONE THAT YOU SAID OVER HERE ON THE OTHER SIDE OF THE HOUSE.
THEY, THEY PAID ALL OF THIS RIGHT HERE.
SO THEY ONLY TWO AND A HALF THEY NEEDED THIS.
SO THEY WANNA BE ABLE, THIS IS IN VIOLATION TOO.
SO THEY WANNA BE ABLE TO KEEP THE DRIVEWAY HERE.
AND THEY WANT US TO GRAB THIS VARIANCE INSTEAD OF MAKING THEM GET RID OF THIS.
SO WHY THE HELL DIDN'T THEY DON'T THEY SHOW THAT ON THIS, ON THIS PLAN? BECAUSE
[03:50:01]
WE WOULD FIND IT TO EASILYSO THIS, THEY'RE IN VIOLATION FOR DOING THIS WITHOUT PROMISE ED.
ED? I WOULD, I'M A LITTLE CONFUSED.
HE'S, HE'S ON BOARD TO WHY HE'S ON BOARD FOR WHICH HE'LL GRANT THIS.
BUT IF WE GRANT THE SALE AND GRANT THE SALE, THAT'S NOT WE'LL GRANT, GRANT THE CHANGE IN THE PROPERTY LINE, WE DON'T, THAT'S NOT EVEN US.
BUT WHAT MAY HAVE HAPPENED HERE IS THAT IT WAS IN THE, THERE WAS A, AN INVASION OF THEIR PROPERTY.
THEY MAY OR MAY NOT HAVE KNOWN ABOUT.
THEY MAY, THEY BROUGHT IT UP AND THERE COULD HAVE BEEN AN ADVERSE POSSESSION.
SO THEY WENT INTO LITIGATION AND LITIGATION'S BEING SOLD.
THEY SAID, FINE, YOU HAVEN'T, YOU HAVE, UH, AN INCURSION INTO THEIR PROPERTY.
AND THEY WENT AND THEY DISCUSSED IT AND THEY CAME UP WITH 10,000.
HONOR JUST A CLOSE LOOP ON YOUR QUESTION.
IT WOULD ONLY BE SHAPED BACK TO BOTH PARTIES.
THERE'S NOTHING THAT SAYS IT CAN'T BE SHAPED BACK BY BOTH PARTIES WOULD HAVE TO AGREE.
I DON'T GET THE SENSE THAT, YOU KNOW, MR.
THAT'S THE WHOLE REASON THEY'RE HERE.
'CAUSE THEY WANT TO KEEP, THEY WANNA PURCHASE.
BUT AS A ZONING BOARD, WHAT WE'RE TRYING TO SAY IS WE DON'T LIKE A ZERO, EXCEPT IN THIS CASE, BECAUSE IT'S, BUT IT'S NOT THAT SET A PRECEDENT.
SO AS LONG AS IT'S NOT GONNA SET, I JUST DON'T KNOW WHY IT'S NOT ALLOWED.
I DON'T UNDERSTAND WHY IT'S, WHY IT SENDS THEM TO COURT.
DON'T, BECAUSE IT'LL RUIN THE WHOLE DEAL.
IF THE DEAL BREAKS DOWN, THEN THEY HAVE TO NO, THEY CAN MOVE THE DRIVEWAY.
IF WE SAY YOU'VE GOTTA DO THREE FEET, THEY'VE GOT 3, 3, 3 FEET UP 10,000 DOLLARS' PAYING $10,000, HE'LL SAY ON THE DRIVEWAY, HE'LL SAY, I CAN'T FOR THE LAND.
HE'S NOT PAYING FOR THE DRIVEWAY.
WHICH, BUT HE'LL SAY IT'S NOT VALUED NOW AT 10,000 BECAUSE I CAN'T BUILD THIS SQUARE FOOTAGE OF PAY.
SO DON'T WE STILL HAVE, ISN'T HE STILL IN VIOLATION? DOESN'T HE STILL NEED A, A VARIANCE FROM US? HE'S GONNA DO 8,000 AND THEN THEY'LL SAY, WELL WE DON'T WANT 8,000 AND THEN IT'S GONNA, IT'S GONNA UNRAVEL THE WHOLE DEAL AND THEN THEY'LL HAVE TO GO BACK TO COURT.
ARE WE, ARE WE ALL SETTLED ON WHAT THE SECOND THING IS HE WANTS? YEAH.
DO WE WANNA TAKE A STRAW VOTE ON THIS ONE? ON BOTH, LEMME JUST REVIEW THIS FROM THE COURT.
PLAINTIFF AGREED TO SELL DEFENDANT PORTIONS OF HER PROPERTY CONSISTING OF WHAT BOTH PARTIES CALLED THE DRIVEWAY EASEMENT AND THE DRIVEWAY ENCROACHMENT FOR A PRICE OF 10,000 BUCKS.
WHICH, WHICH CLOSING WAS TO TAKE PLACE 60 DAYS FROM THE DATE OF THE STIPULATION.
THE DATE OF THE STIPULATION WAS 26.
HE'S GOT I, THE, THE, THE PERKINS ARE DATED, BULLIED BY SOMEBODY WHO HIRED A VERY BULLIED BULLYING LAWYER.
WELL, AND EVERYTHING IT'S, YOU KNOW, 15,000 WELL CAN GO BACK TO COURT.
I MEAN, SHE CAME TO THE MEETING TONIGHT AND SHE SAID, I'M WILLING TO SELL.
AND I DON'T CARE WHAT THEY USE THE PROPERTY FOR.
AND, AND THE AND AND THE CASE WOULDN'T HAVE COME UP IN THE FIRST PLACE THAT THE DRIVEWAY WASN'T ALREADY THERE.
IF YOU START MONKEYING AROUND WITH, WITH THAT, THEN YOU ARE FRUSTRATING THE PURPOSE OF THE SETTLEMENT, WHICH HAS BEEN REDUCED TO A COURT ORDER.
AND THEN WE ARE JUST GONNA SEND THEM BACK.
AND THEN MAYBE IN 2030
THEY BOTH WANT CLEAN TITLES TO THEIR PROPERTY, RIGHT? YEAH.
DO YOU HAVE THE STRAW HOLD FOR THIS ONE OR, AND THE YES.
THE PEOPLE OF NUMBER EIGHT WANT EVERYTHING THEY WANT AND NEVER HAVE TO SPEND ANOTHER PENNY EXCEPT ON LAWYERS.
DO YOU HAVEN'T DECIDED ON THE OTHER
[03:55:01]
SO I GAVE UP WHICH ONE? THE 2.8, THE 2.5, WHATEVER, WHATEVER.
SO SHANA, YOU ARE NOW SAYING YOU WANT TO GIVE THEM NOT ONLY THE ZERO, BUT YOU ALSO WANT TO GIVE THEM THE VARIANCE ON THE OTHER SIDE.
OH GOD NO, BUT THAT'S WHAT I'M WILLING TO GO WITH THE GROUP.
OH, GIVE THEM WHATEVER THEY WANT.
OH, I DIDN'T MEAN IT ON THE OTHER SIDE OR THE OTHER SIDE.
WELL THAT'S, SO THEN I'M GETTING EVERYTHING.
IF THE VOTE GO, WELL IF, IF THE VOTE GOES THAT WAY, I DON'T KNOW.
WE JUST SPENT ANOTHER 15 MINUTES DISCUSSING WHAT I THINK WE'VE ALREADY DECIDED ON.
I HAVEN'T, I BELIEVE, I BELIEVE YOU ARE CORRECT.
THEY HAD NO, IT HASN'T, IT HASN'T BEEN.
I KEEP SAYING WE, WE GRANT THEM THE ZERO, WE GRANT THEM THE MOVEMENT OF THE, UM, PROPERTY LINE.
YOU READ A LANE ZERO ASK FOR, WELL WE'RE TALKING ABOUT EIGHT.
THAT'S THE, WE'RE GRANTING THE ZERO AND DENYING THE 2.5.
WELL THAT'S THREE OF US HERE, RIGHT? FOUR, THREE OF US.
WHO'S THE FOURTH? YOU'RE SAYING NO TO THE 2.5? YES.
I'VE BEEN SINCE ED EXPLAINED THE WHOLE LEGAL THING.
I'M LIKE, THAT'S WHAT I'VE BEEN ON BOARD WITH THE WHOLE TIME.
THEN YOU WANT DENY OUTRIGHT, WHICH MEANS THEY HAVE, THEY NEED 12 FEET OR DO YOU WANT TO GIVE THEM, THEY'RE ASKING FOR TWO AND TWO AND A HALF I THINK.
MM-HMM,
THAT'S WHY I WOULD JUST, WHY NOT GRANT IT? BECAUSE THE 'CAUSE THEY'LL HAVE ANOTHER DRIVEWAY.
WHAT THEY GONNA DO? THEY, THEY'RE TRYING TO, I DON'T THINK PROPERTY GOES DOWN.
THEY'RE TRYING TO, THERE IS 12 HERE.
THEY WOULD'VE JUST GRABBED BOTH.
SEE THEY HAVE THIS BLACK TOP THERE.
THEY STILL HAVE THEIR, THEIR DRIVEWAY THAT GOES BACK TO THE GARAGE.
I, I AM PERFECTLY HAPPY TO TELL THEM THAT THEY COULD COME BACK WITH AN ALTERNATIVE, BUT I THINK WE WANT TO CLOSE IT OUT, RIGHT? I DO.
WHAT WOULD THEIR ALTERNATIVE BE? I DON'T KNOW.
THEY COULD COME BACK GRASS, TREES, BUSHES.
NO, THEY'D HAVE TO JUST PUT SOME BLACKTOPS SOMEPLACE ELSE IN THERE.
THEY HAVE THIS, THIS DRIVEWAY THAT HOLDS FOUR CARS.
THE DRIVEWAY HOLDS FOUR CARS PLUS THE GARAGE THEY BUILT.
WHICH MAY BE AN APARTMENT, BUT WE DON'T.
BUT THEY BUILT A GARAGE APPARENTLY.
BUT THEY CALLED IT A GARAGE AND THEY GOT A PERMIT FOR A GARAGE.
IT'S GONNA, IT'S GONNA BE AT A DU SOON.
Y'ALL HAVE IT? DID THAT PASS? NO, NO.
I WAS GONNA SAY IT'S JUST HASN'T, DIDN'T PASS HEARINGS YET.
CONTINUED PUBLIC HEARING ON YEAH.
WE DIDN'T GET IT THROUGH WILL A D WE DIDN'T, WE DIDN'T D THAT FAR BUT WE HAD THAT'S IN THE TOWN OF GREENBURG.
SO YOU CAN TAKE YOUR HOUSE, PUT AN APARTMENT IN YOUR ROOM, RENT IT OUT.
SO WE HAVE TO, LET'S DO THAT 'CAUSE WE'RE NOT GOING TO ARBITRARILY MAKE UP SOME SETBACK.
IT'S BEEN 16 YEARS SO LET 'EM COME BACK FOR A DIFFERENT PERIOD.
NO, WE'RE GONNA GRANT THE ZERO AND ADJOURN THE OTHER ONE.
CAN WE DO THAT? NO, I THINK IT SEEMS KIND OF MESSY.
OKAY, BECAUSE I WOULD JUST GIVE THEM THE TWO AND A HALF.
SO IF WE DENIED A 2.50 NOT, I'VE BEEN YELLED AT ONCE TONIGHT, I'LL GET YELLED AT AGAIN.
DRIVEWAY 12 FEET AWAY FROM THE PROPERTY LINE.
THEY CAN NEGOTIATE SOMETHING ELSE IF THEY OR THE OTHER ALTERNATIVE IS TO SAY IS DENY THE OTHER AND THEY CAN COME BACK FOR A SMALLER VARI IF THEY WANT TO EXPAND IT THAT YEAH.
YOU MEAN LET'S CLOSE IT OUT AND DO THAT.
THE ZERO AND COME BACK WITH ANOTHER ALTERNATIVE FOR THE OTHER SIDE.
THE TWO FOOT, TWO AND A HALF FOOT.
I KNOW, THAT'S WHY I'M ASKING IF HE MADE A MISTAKE OR IF HE REALLY MEANT THAT.
WHAT DID YOU UNDERSTAND THAT? I SAID WHAT DID YOU UNDERSTAND? YOU SAID, UM, DENY THE ZERO TWO AND A HALF GO.
RATHER THAN COME UP WITH AN ARBITRARY
[04:00:01]
FIGURE TONIGHT OR INVITING THEM BACK TO ARGUE BACK AND FORTH ABOUT WHETHER RICHARD B OH WE HAVE TO GO ON RECORD OR FORMS. YEAH, WE UNDERSTAND AND YOU DENIED.LET THEM COME IN FOR A SMALLER VARIANCE THAT LET THEM DECIDE WHAT IT IS THEY'RE LOOKING FOR ON THE OTHER SIDE AND COME IN FOR IT OR NOT.
WHICH MEANS THEY WOULD HAVE TO HAVE 12 FEET FROM THAT.
WHICH BASICALLY GETS RID OF THAT WHOLE LITTLE CUBBY WHERE THE RED CAR WAS PARKED.
DO YOU KNOW HOW MANY PEOPLE PUT THOSE IN? AND IT'S A LITTLE CAR.
I'M FOR THAT ACTUALLY THE RED, AT LEAST IN THIS PICTURE, THE RED CAR IS NOT PARKED IN THAT AREA.
WELL THEY SAID THEY'VE GOT FOUR PARKING FOR FOUR CARS JUST IN THE LENGTH OF THE DRIVEWAY.
I DON'T EVEN THINK THEY'RE GONNA COME BACK BECAUSE THAT THEIR, THE LAWYERS SAID THEY WOULD BE WILLING TO DISCUSS THAT.
TO GIVE THAT UP IF THEY HAD TO.
HE SAID IF WE HAD TO CHOOSE WE WOULD.
ARE WE CLOSE TIME? ARE WE GOING? SO WE'RE, WE'RE WE'RE, HOW DO WE DO THIS AT IT'S, UH, CLOSED FOR DECISION ONLY.
SO SHOULD WE JUST GRANT AND DENY? YEAH.
RIGHT, BUT CLOSED FOR DECISION ONLY.
SO THAT CAN BE WRITTEN UP ON YOUR BEHALF? YES.
HAVE YOU NO, I WAS JUST GONNA ASK YOU, SORRY, JASON'S OUR VIEW NEW PLAN EXAMINER THAT WANTED TO COME.
THEY'RE NOT ALWAYS THIS MUCH FUN.
YOU KNOW, THEY DON'T GO THIS LONG EITHER.
ARE WE REALLY DOING CLOSE FOR DECISION ONLY ON 2029 AND SHOULD WE NOT? AND 30 OR JUST 30? WAIT, DO YOU WANT US TO GRANT 29 AND THEN CLOSE THE DECISION ONLY ON DO YOU WANT US TO GRANT BOTH? NO, NO, NO.
WHY DON'T WE GRANT AND DO DO BOTH AND THEN HE CAN WRITE 'EM UP.
WHY DON'T WE, WHY DON'T WE, WE CAN GRANT ONE VARIANCE AND NOT THE OTHER CLOSE.
WHAT IF WE'RE NOT ALL HERE SOMEBODY ELSE? WE SHOULD EITHER, THEY HAVE TO EITHER BE DECISION DONE OR CLOSE OFF FOR DECISION ONLY BECAUSE WE CAN'T, IF WE GRANT THAT, IF WE GRANT HALF THE VARIANCES AND WE DON'T NO, WE WERE GONNA GRANT THEM.
IF WE GRANT 29, THEY HAVE TO, IT'S SOLD.
NO, WE GRANT 29 AND WE GRANT THE ZERO, UH, SETBACK FOR 30 AND DENY.
SO THAT'S GARY'S SAYING IT'S, WE DON'T, IT DOESN'T HAVE ANYTHING FOR ANYBODY THEY DIDN'T USED TO BE WRITTEN UP WITH.
AND THEN WHOEVER VOLUNTEERS TO DO THE FINDINGS WILL GIVE US THE FINDINGS NEXT WEEK OR THAT'S WHAT YOU'RE DOING IN ALL THE OTHER CASES.
ARE ANY OF
NO, BUT WE ALL ALREADY HAVE FINDINGS.
ALRIGHT, WELL WE HAVE, WE HAVE THE MOTIONS.
WE CAN, WHO'S DOING 29? WHO'S DOING 29? WHO'S DOING 30? I'LL, I'LL DO 29.
YOU JUST HAVE TO CHANGE YOUR SPEECH.
DO WE WANNA GO BACK ON THE RECORD IN A MINUTE? THESE ARE ALL TYPE TWO RIGHT NIGHT.
WHY DON'T YOU JUST STAY ACTUALLY TOMORROW WE'LL START THE NEXT MEETING WITH THE UM, WHAT MEETING DO YOU HAVE TOMORROW? WE'RE GONNA GO RIGHT IN.
LOOK HOW MUCH WE CLOSED OUT TONIGHT.
LOOK HOW MUCH WE CLOSED OUT TONIGHT.
[04:05:01]
BE HAPPY.SO NOT HAVE TO DO ANYTHING FOR CHICK-FIL-A AFTER THIS.
I'VE GOTTA GET MY PAPERS IN ON THE PATIO.
YEAH, I SENT, I COULDN'T GET IT NOTARIZED.
UM, WHEN, WHEN I COME IN VOTE, I'M GONNA DO EARLY VOTING.
COME IN AND MOVE AND I'LL GIVE IT TO, WELL I'LL GO, I DOESN'T THE TOWN CLERK DO NOTARY? YES.
YEAH, I'LL DO THAT AND THEN YOU GUYS CAN JUST, I'LL BRING IT IN.
I'LL SIGN IT AND YOU CAN NOTARIZE IT.
UM, SO I'LL COME MONDAY ALMOST BECAUSE WE DUNNO THAT THERE'S ANYTHING THERE.
I HAVE ANYTHING MR. GRANT? NO, THAT'S GRANTED SOME WERE HELD OVER.
SHAUNA, DID YOU EVER DRIVE BY THE PATIO.COM ONE RECENTLY? NO.
COUPLE OF TIMES A YEAR OR A COUPLE OF TIMES A WEEK OR A COUPLE? MAYBE ONCE EVERY OTHER MONTH.
AND WHAT WERE YOU, WHAT DID YOU OBSERVE? SEE OPEN AND IT WAS CLOSED BUT I DIDN'T SEE A MESS.
NOTHING TO DO WITH IT WAS CLOSED.
ALRIGHT, WELL I ASKED, SEND ME WHAT YOUR OBSERVATIONS WERE.
I'LL PREPARE AN AFFIDAVIT FROM IT THAT WHEN WE DECIDED, I HAVE TO REMEMBER THE DATE.
IT MAY NOT HAVE FROM 21 TO 23.
THERE WERE CONDITIONS ON LEON.
I HAVE IT, BUT YOU'RE GONNA WRITE THAT ONE.
THAT'S THE THE ONE FOR UH, YEAH, BUT THE CONDITIONS.
OKAY, BECAUSE I, I'LL WRITE THE OTHER.
YOU'RE TALKING ABOUT FINDING? YEAH.
SO WHAT WAS DONE ON UM, 29? IS THAT A COURT ORDER OR A COURT SETTLEMENT? WHAT'S THE LEGAL TERM? IT'S A STIPULATION AND SETTLEMENT.
OB SETTLEMENT COURT GRADE IS THE COURT ORDER DECISION AND ORDER THAT'S GOTTA BE IN THE WRITE UP.
THAT'S BASICALLY WHY WE APPROVED IT.
WHAT ARE WE WAITING ON? EVERYBODY? ARE WE ALL READY? THAT WILL GO WITH THE FINE.
YEAH, THAT'S WHAT, THAT'S WHY I WANTED THE RIGHT WORD FOR FINDING.
YOU'RE DOING 29, RIGHT? I'M DOING 30, YEAH, I'M DOING 29.
YOU'RE DOING 30 UNLESS YOU WANNA DO BOTH.
NO, NO I ALREADY DO THE OTHER ONE.
MUST BE TIMES AND WE'RE NOW BACK WITH THE RESULT OF OUR DELIBERATIONS FOR THIS EVENING.
UM, FIRST CASE WAS CASE 24 0 7, WHICH IS CHICK-FIL-A AND THAT IS CLOSED FOR DECISION ONLY AND THAT WOULD BE HEARD ON NOVEMBER 14TH.
THE NEXT CASE IS GLEN PRIZER, WHICH IS 24 25.
AND THE SAME THING IS FOR THAT CLOSED FOR DECISION ONLY TWO.
NO, NO, I'M GONNA READ THAT ONE.
YOU HAVE TO DO THE DO THE SECRET.
LET ME DO THE SECRET STATEMENT.
WHEREAS THE GREENBERG, UH, ZBA HAS
[04:10:01]
REVIEWED THE ABOVE REFERENCED APPLICATION WITH REGARD TO CA COMPLIANCE AND WHEREAS THE GREENBERG PLANNING BOARD AS LEAD AGENCY CONDUCTED A COORDINATED REVIEW AND DETERMINED THAT THE SUBJECT APPLICATION IS A TYPE ONE ACTION.THE PLANNING BOARD HAS DETERMINED THAT THE PO POSITIVE ACTION WILL NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT AND ISSUED A NEGATIVE DIRECT DECLARATION ON AUGUST 7TH, 2024.
AND THERE'S NO MOTIONS OR VOTE NEEDED? THERE IS A MOTION.
WHAT? HMM? I HAVE A MOTION FOR 24 25.
I'M JUST READING WHAT I'M READING.
I MOVE THAT THE APPLICATION IN CASE NUMBER 24 25 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 ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PARKING PLAN DATED MARCH 8TH, 2017, LAST REVISED OCTOBER 18TH, 2024 AND STAMP RECEIVED OCTOBER 21ST, 2024 SUBMITTED IN SUPPORT OF THIS APPLICATION.
OR IF 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, IT'S NOT REALLY IN A VARIANCE.
BUT ANYWAY, THE VARIANCE BEING GRANTED IS 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 FURTHER, SORRY FURTHER, THAT THE FOLLOWING CONDITION SHALL BE MET.
THE SITE BE DEVELOPED WITH 28 OFF STREET PARKING SPACES AS DEPICTED ON THE APPROVED PLANS.
ALL OFF STREET PARKING SPACES SHALL BE LOCATED ONLY IN THOSE LOCATIONS DEPICTED ON THE APPROVED PLANS.
AND WE WILL NOT HAVE ANY FINDINGS WITH RESPECT TO THIS, HOWEVER, THEY WILL BE IN THE UM, RECORD AND AVAILABLE FOR ANYONE WHO WISHES TO GET THEM FROM OUR SECRETARY DUE TO THE LATENESS OF THE HOUR.
IT IS NOW I ASK A QUESTION ALMOST MIDNIGHT.
THIS WAS, THIS WAS FOR THE REMOVAL OF A CONDITION.
DID I NEED TO SAY THAT I'M SORRY OR AM I OKAY? UM, YEAH, YOU SHOULD SAY SOMETHING
ON 24 25 THE APPLICANT WAS REQUESTING THE REMOVAL OF CONDITION NUMBER FOUR TO VARIANCES THAT WERE GRANTED IN ZBA A ZBA CASE NUMBER 1720 REQUIRING THE APPLICANT TO OBTAIN APPROVAL OF AN EASEMENT OR RESTRICTIVE COVENANT ENSURING THE EXISTENCE AND LOCATION OF NOT LESS THAN 25 PARKING SPACES WITHIN 250 FEET OF THE SITE.
WE ARE REMOVING THAT CONDITION.
AND WHEREAS THE GREENBERG CBA 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 FURTHER, NO FURTHER, NO FURTHER SECRET CONSIDERATION.
I MOVE THAT THE APPLICATION AND CASE NUMBER 24 22 BE GRANTED PROVIDED THAT THE APPLICANT OBTAIN ALL NECESSARY APPROVALS AND FILE, EXCUSE ME, 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 NOVEMBER 13TH, 2023 AND STAMPED RECEIVED AUGUST 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 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
[04:15:01]
ZONING ORDINANCE SHALL REQUIRE VARIANCES.EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES WE HAVE APPROVED HEREIN.
THE VARIANCES GRANTED HEREIN SHALL EXPIRE UPON TERMINATION OF OCCUPANCY BY THE APPLICANT'S FATHER DURING HIS FATHER'S OCCUPANCY.
THE APPLICANT SHALL CERTIFY IN WRITING TO THE BUILDING INSPECTOR ON OR BEFORE OCTOBER 31ST OF EACH CALENDAR YEAR.
THAT IS FATHER IS STILL IN RESIDENCE.
IF SUCH CERTIFICATION IS NOT SUBMITTED TO THE BUILDING INSPECTOR BY OCTOBER 31ST OF THE CALENDAR YEAR, THE VARIANCES SHALL LAP EFFECTIVE DECEMBER 31ST OF THAT YEAR AND THE APPLICANT SHALL REMOVE ALL EXCESS.
UM, IT'S NOT PAVEMENT, IT'S GRAVEL, GRAVEL AND RESTORE THE PROPERTY.
SO THAT CONFORMS TO THE PROVISIONS OF THE ZONING ORDINANCE.
THAT IS DURING THE PERIOD OF THIS VARIANCE, THESE VARIANCES, THE DRIVEWAY SHALL NOT BE PAID.
IN ADDITION, DURING THE, DURING THIS UM, PERIOD, UH, DURING THE PERIOD OF THIS VARIANCES, THE DRIVEWAY CANNOT BE PAVED AND MUST REMAIN GRAVEL.
THANK YOU ONCE AGAIN DUE TO THE HOUR MONTH.
NOW THAT IT'S REALLY LATE, ALMOST MIDNIGHT, UM, WE WILL HAVE THE FINDINGS AVAILABLE FOR ANYONE WHO WISHES TO SEE THEM AND THEY CAN CONTACT OUR SECRETARY AND THAT ALSO IS IN THE RECORD.
THE NEXT CASE IS CASE NUMBER 24 26, I'M SORRY, 24 26.
WHEREAS THE GREENBERG ZB 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 SEEK A CONSIDERATION.
MADAM CHAIR, I MOVE THAT THE APPLICATION IN CASE NUMBER 24 26 BE GRANTED.
PROVIDED THAT ONE THE APPLICANT OBTAINED ALL NECESSARY APPROVALS AND FILE SAME WITH THE BUILDING DEPARTMENT.
CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF THE BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLAN DATED JULY 2ND, 2024 AND STAMPED RECEIVED AUGUST 19TH, 2024 SUBMITTED IN SUPPORT OF THIS APPLICATION OR AS SUCH, PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN.
PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN.
THE VARIANCES BEING GRANTED ARE FOR THE IMPROVEMENTS SHOWN ON THE 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.
AYE I AND AGAIN, WE WILL HAVE THE FINDINGS AVAILABLE TO ANYONE WHO WISHES TO REVIEW THEM AND ALSO BE IN THE TRANSCRIPT AND YOU CAN CONTACT OUR SECRETARY DUE TO THE LATENESS OF THE HOUR AND THE NEXT CASE WE HAVE IS CASE 24 27 14 ROXBURY ROAD AND WHEREAS THE GREENBERG ZBA HAS REVIEWED THE ABOVE REFERENCE REFERENCE APPLICATION WITH REGARD TO SECRET COMPLIANCE AND NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET CONSIDERATION.
AND DO WE HAVE A MOTION? UH, YES.
I MOVE THAT THE APPLICATION IN CASE NUMBER 24 27 BE GRANTED PROVIDED THAT THE APPLICANT OBTAINED ALL NECESSARY APPROVALS AND FILE SAME WITH THE BUILDING DEPARTMENT.
CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLAN DATE STAMPED RECEIVED AUGUST 13TH, 2024 AND OCTOBER 18TH, 2024 SUBMITTED IN SUPPORT OF THIS APPLICATION OR AS SUCH, PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING AGENCY OR AGENTS 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 OR FOR THE IMPROVEMENTS SHOWN ON THE PLAN SUBMITTED IN SUPPORT OF THIS APPLICATION.
[04:20:01]
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.CHAIR VOTES A AND NEXT WE HAVE CASE 24 28 35 WHITTER STREET HARTSDALE AND WHEREAS THE GREENBERG ZBA HAS RE HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO SECRET COMPLIANCE AND NOW THEREFORE BE RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRE NO FURTHER SECRET CONSIDERATION.
AND IS THERE A MOTION? YES THERE IS.
UH, I MOVE THAT THE APPLICATION IN CASE NUMBER 24 28 BE GRANTED PROVIDED THAT THE APPLICANT OBTAIN ALL NECESSARY APPROVALS AND FILE SAME WITH THE BILLING DEPARTMENT.
THAT CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLANS DATED JULY 28TH, 2024 AND JULY 29TH, 2024 AND STAMPED RECEIVED SEPTEMBER 13TH, 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 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 VARIANCE OR OTHER VARIANCES WE HAVE APPROVED HEREIN AND THAT THE APPLICANT UPDATE THE PLANS WITH ADDITIONAL LANDSCAPE BUFFER TREES TO THE SATISFACTION OF THE TOWN FORESTRY OFFICER SECOND.
AND WE WILL HAVE THE FINDINGS AGAIN PROVIDED TO ANYONE WHO WISHES TO SEE THEM.
IT'S ALSO NOW IN THE UM,
THE FINDINGS DUE WILL, UH, YEAH, THE LATENESS OF THE HOUR FINDINGS WILL BE AVAILABLE AT THE LATER, AT A LATER DATE AND YOU CAN CONTACT THE SECRETARY TO SEE THEM IF NECESSARY.
AND THE SAME GOES FOR THE PREVIOUS CASE.
AND THE NEXT CASE WE HAVE IS CASE 24 29.
AND 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.
AND DO WE HAVE ANY? I HAVE A MOTION.
I MOVE THAT THE APPLICATION THE CASE 24 29 BE GRANTED PROVIDES THAT ONE THE APPLICANT OBTAIN ALL NECESSARY APPROVALS AND FILE SAME WITH THE BUILDING DEPARTMENT.
TWO CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLANS STAMPED, RECEIVED SEPTEMBER 13TH, 2024 SUBMITTED IN SUPPORT OF THIS APPLICATION OR AS SUCH, PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD, AGENCY, OR OFFICER OF THE TOWN.
PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN.
THE VARIANCES BEING GRANTED ARE FOR THE IMPROVEMENTS SHOWN ON THE PLAN SUBMITTED IN SUPPORT OF THIS APPLICATION.
ANY FUTURE ADDITION 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.
[04:25:01]
YES, DUE THE LATENESS OF THE HOUR DUE TO THE LATENESS OF THE HOUR, THE FINDINGS ON, ON 24 29 WILL BE, WILL NOT BE AVAILABLE THIS EVENING.HOWEVER, THEY WILL BE, UH, AVAILABLE TO YOU AND VERY SHORTLY IT'S IN THE RECORD.
AND ALSO YOU CAN CONTACT THE SECRETARY IF YOU NEED TO SEE THEM DUE TO THE LATENESS OF THE HOUR.
THE LATENESS OF THE NEXT DAY, I SHOULD SAY AT THIS POINT? YES.
WE ARE DOING WHAT? I'M DOING IT, JUST DO THE SECRET.
WHERE, AND WHEREAS THE GREENBERG ZBA HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO SECRET A COMPLIANCE AND NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET FEDERATION.
THE FIRST MOTION I MOVE THAT THE VARIANCE REGARDING THE SETBACK FROM THE SOUTHERLY SIDE PROPERTY LINE TO THE DRIVEWAY, UH, IN THE APPLICATION IN CASE NUMBER 24 30 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 MAY 22ND, 2022 AND STAMPED RECEIVE SEPTEMBER 16TH, 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 MODIFICATIONS, MODIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN.
THE VARIANCE BEING GRANTED IS FOR THE IMPROVEMENTS SHOWN IN 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 HERE IN, I FURTHER MOVE THAT THE VARIANCE, OH, WE SHOULD SECOND THAT, RIGHT? YES.
THE VARIANCE REGARDING THE SETBACK FROM THE NORTHERLY SIDE OF THE PROPER PROPERTY LINE TO THE DRIVEWAY BE DENIED.
ALL IN FAVOR? A AYE CHAIR, BOTH LATENESS OF THE HOUR.
DUE TO THE LATENESS, DUE TO THE LATENESS OF THE HOUR, WHICH IS NOW ALMOST MIDNIGHT, WE WILL HAVE THE FINDINGS AVAILABLE IN THE RECORD, AND ALSO YOU CAN CONTACT THE SECRETARY.
AND WE HOPE EVERYONE HAS A GOOD HALLOWEEN AND WE WILL SEE YOU NEXT MONTH, NOVEMBER 14TH.