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[ TOWN OF GREENBURGH ZONING BOARD OF APPEALS AGENDA THURSDAY, November 14, 2024 – 7:00 P.M. ]
IN PROGRESS.WE HAVE A ROLL CALL FOR THE BOARD.
WE WILL BEGIN OUR ROLL CALL NOW.
THAT CONCLUDES OUR ROLL CALL MANAGER CHAIR.
SO HOPEFULLY YOU'RE ALL HERE BECAUSE THIS IS THE ZONING BOARD OF APPEALS AND THIS IS NOVEMBER FOUR, 14TH.
THE MEETING WILL NOW COME TO ORDER.
WE HAVE FOUR CASES THAT ARE ON TONIGHT'S SCHEDULE.
ON THE AGENDA, HOWEVER, CASE 24 0 7 WAS CLOSED FOR DECISION ONLY.
PLEASE NOTE THAT THE ZONING BOARD HAS OUR NEXT REG REGULAR MEETING ON THURSDAY THE 14TH AT SEVEN.
AS USUAL, IF WE CANNOT COMPLETE HEARING OF ANY CASE TONIGHT, IT WILL BE ADJOURNED TO ANOTHER MEETING TO HOPEFULLY BE COMPLETED AT THAT TIME.
ALSO, AS IS USUAL TO SAVE TIME, WE WAIVE 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 WE HAVE THE PUBLIC HEARING OF TONIGHT'S CASES, WE MEET IN THIS ROOM TO DISCUSS THE CASE.
AS WE HAVE HEARD THAT EVENING, THIS EVENING, I'M SORRY.
UH, HOWEVER, THE PUBLIC WILL NOT BE WELCOME TO SPEAK AT THAT TIME DURING OUR DELIBERATIONS OR PARTICIPATE AFTER OUR DELIBERATIONS.
WE THEN GO BACK ON THE RECORD TO ANNOUNCE OUR DECISION AND TO BROADCAST IT TO THE COMMUNITY.
THE NEXT MEETING OF THE BOARD WILL BE DECEMBER 19TH.
IF YOU ARE PRESENT AND GOING TO SPEAK TONIGHT, YOU MUST COME UP TO THE MICROPHONE AND CLEARLY STATE YOUR NAME AND ADDRESS OR YOUR PROFESSIONAL AFFILIATION.
IF YOU'RE NOT A NAMED APPLICANT, PLEASE SPELL YOUR NAME FOR THE RECORD.
TONIGHT IS CASE 24 31 THOMAS H STERN 1819 PRIMROSE AVENUE.
KNOW, DO WE HAVE SOMEONE SPEAKING ON THE CASE? YES.
YOU HAVE TO TAKE THE MICROPHONE.
AND WHILE THEY'RE DOING THAT, PLEASE DON'T CALL OUT THINGS FROM THE AUDIENCE IF YOU CAN HELP US.
MY NAME IS RIC CARRO AND THIS IS JOSE CARRO.
SO WE ARE HERE TO APPEAL FOR THE, UM, DRIVEWAY IN 19, UM, PRIMOS WEST.
UM, IN 1963, THERE WAS A GARAGE THAT WAS APPROVED BY THE BOARD AND THE DRIVEWAY LEADING TO IT APPARENTLY, UM, WASN'T APPROVED.
SO THAT'S WHY WE HERE, WE FILED A PERMIT.
THE PERMIT WAS DENIED AND WE HERE, UH, TO FILE FOR IT.
AND, UM, IS IT, UH, WE, WE BELIEVE OUR UNDERSTANDING IS THAT YOU ARE NOT THE OCCUPANTS OF THE HOUSE YET.
IS THAT CORRECT? NOT RIGHT NOW.
UH, IS THE SALE CONTINGENT ON THIS CONCERN THAT YOU HAVE OR NOT? NO, THE SALE WAS ALREADY DONE ON APRIL 25TH, 2024.
WE HAVE THE DEEDS IN FRONT OF US IF YOU WANT TO SEE THEM.
EVERYTHING WE ARE GONNA SHARE, WE HAVE PROOF OF.
AND, UM, WE STARTED WORKING ON THE HOUSE AND CONTINGENT ON CLEARING THE OWNER'S NAME.
WE'RE GONNA, UH, PLACE THE DATE.
THE DATE RIGHT NOW IS IN A TRUST.
SO, UM, WE JUST WANTED TO SHARE, WE'VE BEEN HAVING A LOT OF ISSUES SINCE WE'VE MOVED IN, UM, STARTING FROM MAY 2ND.
UM, WE WERE GETTING BULLIED AND HARASSED BY NEIGHBORS AND, UM, I JUST WANNA SHARE ALL THE DATES THAT I HAVE JUST SO THAT IT COULD BE ON RECORD.
UM, WELL, KEEP IN MIND WE'RE ONLY THE ZONING BOARD.
WE CAN ONLY, WE CAN ONLY GIVE YOU VARIANCES.
WELL THAT, THAT, THAT IS, UM, THAT'S WHAT WE ARE HERE FOR.
UM, ANY QUESTIONS FROM THE BOARD? THE BOARD AT THIS TIME? IS THERE A PRESENTATION? YES.
SHE SAID SHE'S HERE BECAUSE OF THE FACT THAT THEY NEED TO GET INTO THE GARAGE, THAT IT WASN'T.
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AND I, I BROKE COPIES FOR EVERYONE SINCE 1975.WE HAVE PICTURES FROM THE WESTCHESTER COUNTY VINTAGE OREO, THAT THAT DRIVEWAY WAS THERE.
UM, THERE'S PICTURES IF YOU GO ON GOOGLE.
UM, WE GOT THAT FROM THE VINTAGE OREO WESTCHESTER COUNTY, AND WE GAVE PICTURES OF EVERYONE IN 1975.
UM, THAT'S AS FAR AS WE COULD GO, THAT THE PICTURES WERE NOT PIXELATED.
UM, WE COULD GO FURTHER, BUT YOU CAN'T REALLY SEE IT.
WE ALSO, UH, HAVE PICTURES OF, UM, 22,000 7, 20 13, 20 18.
WE HAVE PICTURES OF 2014 AND 2004.
SO IN OUR RECOLLECTION IS OVER 40 PLUS YEARS THAT THAT DRIVEWAY HAS BEEN THERE FROM 1975 TO 2024, EVERYONE IN THE NEIGHBORHOOD KNEW THERE WAS A DRIVEWAY THERE.
AND IF THERE WAS NEVER A PHONE CALL OR THERE WAS NEVER A PROBLEM, A PROBLEM, OR I NEED TO CALL TO THE ZONE OR I NEED TO APPEAL OR I NEED THE DRIVEWAY REMOVED, OR WE DID SURVEYS, WE DID EVERYTHING LEGAL, WE HAVE EVERYTHING LEGALIZED.
UM, IF THERE'S A PART OF THE DRIVEWAY THAT IS, UH, UH, ADJACENT TO OUR NEIGHBOR'S, UM, DRIVEWAY, WE WILL PEEL THAT OFF OF COURSE, BECAUSE THAT'S HIS PROPERTY.
BUT OUR PROPERTY IS WHAT WE'RE TALKING ABOUT.
SO IF YOU LOOK AT THE PICTURES, UM, I DON'T SEE WHY THIS WOULD NOT BE CONSIDERED OR GRANDFATHERED IN OR, UM, BECAUSE IT'S BEEN THERE, THERE HASN'T BEEN ANY WATER DAMAGE, THERE HASN'T BEEN ANYTHING REPORTED OF FLOOD OR THERE HASN'T BEEN ANYTHING THAT HAS BEEN A CONCERN TO THE NEIGHBORS AT THAT TIME FOR OVER 50 YEARS.
WELL, IT'S NOT THE CONCERN OF THE NEIGHBORS NECESSARILY.
IT'S THE CONCERN OF THE TOWN AT THIS POINT.
UM, LOOKING AT THE WAY IN WHICH THE DRIVEWAY IS LAID OUT IN THE PICTURE.
MM-HMM,
UM, SO THAT YOU CAN SEE THE DRIVEWAY? NO, WE SEE THE DRIVEWAY.
I'M LOOKING AT THE PICTURE THAT HAS THE WHITE CAR IN FRONT OF THE, THE GARAGE DOOR.
AND THEN THE RED CAR SITTING ON THE OTHER PROPERTY, I ASSUME? YES.
UM, AND I SEE THAT THERE IS HALF OF IT APPEARS TO BE GRASS IN THIS PICTURE, RIGHT? UH, IS THAT STILL THERE? YES.
I HAVE A QUE ONE MORE QUESTION.
UM, ON THE LAYOUT, THE PLAN, YES.
THERE ARE THREE DIFFERENT THINGS DESCRIBED AS DRIVEWAY.
THERE'S ONE FROM THE STREET LEADING TO, AND THEN THERE'S BEHIND THE GARAGE, THIS TWO STORY GARAGE.
SO IT, IT SEEMS LIKE IT'S THREE DIFFERENT AREAS OR I DON'T SEE ANY PICTURES OF THE MCCANN DRIVEWAY BEHIND THE, THE TWO STORE FLOOR GARAGE.
THERE IS, THERE IS NO DRIVEWAY THERE RIGHT NOW.
IS THAT WHAT YOU'RE ASKING FOR? NO, WE'RE ASKING IF YOU PUT THE PICTURE BACK UP, I'LL TELL YOU WHAT WE ARE ASKING FOR.
SO THAT'S, THAT'S THE DRIVEWAY, THAT'S THE GARAGE, THE SIDEWALK.
SO WE'RE ASKING FOR THAT DRIVEWAY IN FRONT OF THE GARAGE.
SO THIS PART THAT'S LIKE AN ODD SHAPE UP TO THE NUMBER 15.23 FEET.
THAT'S NOT WHAT YOU'RE ASKING FOR AND DOES NOT EXIST.
COULD YOU PUT BACK THE PICTURE THAT YOU HAD BEFORE? I JUST WANNA BE CLEAR WHAT YOU'RE ASKING.
NO, NOT THAT WE'RE NOT ASKING FOR THAT.
WE'RE ASKING FOR THE MALCOLM DRIVEWAY THAT LEADS INTO THE TWO CAR GARAGE.
AND DOES THAT GO, IS IT A, UM, 90 DEGREE ANGLE IS IF YOU WOULD, ON THE BOTTOM RIGHT HAND, LIKE AT THE STREET SIDE, I DON'T UNDERSTAND WHAT YOU'RE ASKING.
SO IT GOES IN FROM THE PRIMOS AVENUE AND IT GOES TO THE BACK TO GO INTO THE TWO GARAGE, THE TWO CAR GARAGE.
THAT FRONT AREA WITH THE, WHERE THERE'S A LINE THAT SAYS 29.28 UP AND DOWN LINE.
THAT'S STILL ALL PART OF THE MCCADA.
THAT'S THAT'S WHAT WE'RE ASKING FOR.
SO THAT THE CARS COULD DRIVE INTO THE GARAGE TOWARDS THE BACKSIDE AND THE AS OF RIGHT WOULD BE THE PART JUST GOING INTO THE GARAGE.
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STRAIGHT TO THE FIRST GARAGE.SO WE'RE NOT ASKING ABOUT THAT.
IT'S THE SIDE, IS THE SIDE, THE MALCOLM DRIVEWAY.
SO IN ORDER TO, UM, USE THE GARAGE, IS IT NECESSARY THAT THE, UH, DRIVEWAY IN FRONT OF THE ENTRANCE TO THE GARAGE THAT IS, UH, REMAIN EXACTLY AS IT IS? OR COULD IT BE SHAVED DOWN SOMEWHAT SO IT'S NOT RIGHT ON THE LINE? RIGHT.
SO WHATEVER BELONGS TO 21 PRIMOS, WHICH YOU PUT IN PURPLE, WE'LL GIVE IT TO THEM.
WE'LL, WE'LL GIVE THAT BACK TO THEM.
THAT'S, THAT'S NOT OUR PROPERTY.
BUT THAT DOESN'T GO THE, IT'S, THERE'S ENOUGH MALCOLM DRIVEWAY TO GET INTO THE CAR GARAGE WHERE WE COULD GIVE THAT PROPERTY BACK TO 21 PRIMOS.
AND THAT'S, THAT'S NOT A PROBLEM.
HOW MANY CARS ARE PARKED IN THE ORIGINAL GARAGE? ONE.
HOW MANY, UM, IN THE, IN THE FIRST GARAGE? THE GARAGE THAT'S ATTACHED TO THE, FROM THE FRONT.
I SEE THERE'S ONE PARKED OUTSIDE THE GARAGE.
BUT THERE'S ANOTHER CAR PARKED IN THE GARAGE.
NOT RIGHT NOW, BUT I'M GUESSING IT WOULD BE
WHAT'S THAT GARAGE USED FOR IT? THE HOUSE IS EMPTY RIGHT NOW.
YEAH, IT'S ON THE RENOVATION HOUSE.
BUT THE TWO CAR GARAGE, WHEN OBVIOUSLY WHEN YOU GUYS GAVE THE PERMIT AND PERMIT IN 1963, I GUESS IT WAS AN OVERSIGHT THAT THE GARAGE WAS NOT, THAT THERE WAS NEVER A PERMIT OR A VARIANCE OR ANYTHING PUT ON THERE.
SO THAT WE COULD GET INTO THE GARAGE.
SO IF THAT GARAGE GOES AWAY, I MEAN IF THAT DRIVER GOES AWAY, HOW DO YOU GET INTO THE GARAGE? SO WE'RE ASKING IF WE COULD, IF YOU COULD GRANT US NO, I'M ASKING ABOUT THE OTHER GARAGE.
SO AS BUILT WITHOUT THAT, YOU HAVE PARKING FOR LIKE TWO, ONE O'CLOCK OR THREE STACKED, ONE IN THE GARAGE AND IN THE DRIVEWAY.
BUT THE, THE HOUSE RIGHT NOW IS BEING REMODELED, SO THERE IS NO GARAGE THERE.
THERE'S GONNA BE THE TWO CAR GARAGE IN THE BACK.
SO WHAT IS THIS GARAGE BEING CONVERTED INTO A ROOM OR IT'S GONNA BE AN EMPTY SPACE.
AND, AND THE WHAT WE SEE THE MCCADA IN FRONT OF WHAT IS NOW WE ARE CALLING THE SMALL GARAGE THAT'S ATTACHED TO THE HOUSE.
IN OTHER WORDS, WOULD THE, WOULD THE MCADAM GO RIGHT UP TO THE PROPERTY ITSELF OR TO THE DWELLING I SHOULD SAY? SO KIND OF, SHE'S TALKING ABOUT WHERE THE WHITE CAR IS PARKED.
WOULD THAT STILL BE MCCADA? ALL OF THAT? YEAH.
WOULD THAT BE WHAT, I'M SORRY.
WOULD THAT BE PAVED? WELL, THAT'S STILL, YOU STILL NEED THAT DRIVEWAY TO GET INTO THE BACK GARAGE? NO, NO, NO.
WE'RE TALKING ABOUT ONLY THE GO BACK TO GO BACK TO WHAT WE FIRST SURVEY PLEASE.
YES, YOU CAN GO BACK TO THERE.
BUT IS THIS OKAY FOR YOUR QUESTION? I THINK YOU'RE ASKING WILL THE PAVEMENT GO RIGHT UP TO THIS DRIVEWAY STILL? YES.
AND UM, I BELIEVE THE INTENT IS FOR THE DRIVEWAY TO HOOK AROUND.
UM, I GUESS IF I COULD INTERJECT WITH THE QUESTION AND USE MY CURSOR, JUST SO EVERYONE IS ON THE SAME PAGE.
CAN YOU SPEAK LOUDER BECAUSE I CAN'T HEAR YOU DON'T THINK ANYONE? HEY GARRETT, OUR ARCHITECT.
YEAH, THAT'S OUR, THAT'S CAESAR RIGHT?
I I'M GONNA SHARE THE SCREEN AGAIN AND I JUST WANNA MAKE SURE EVERYONE IS, IS UNDERSTANDING, UM, WITH REGARD TO THIS, I GUESS A QUESTION FOR THE APPLICANT.
SO THIS, THIS PURPLE WE'LL CALL IT THAT I HAVE MY CURSOR ON.
UM, THAT'S BEYOND THE EDGE OF, OF, OF THE, THE BACK OF THE GARAGE.
IS YOUR INTENT TO REMOVE ALL OF THAT IN THE PICTURES? IT APPEARS TO BE STILL PAVED.
UH, SO I GUESS THAT WOULD BE A QUESTION ON BEHALF OF THE BOARD THAT'S NOT PAVED IS GRASS.
THAT'S THE BACKYARD INDICATES MCCADA DRIVEWAY.
SO, UH, WE'LL LOOK TO GET THAT.
UPDATED AND THEN IF IT'S NOT, IF IT'S NOT, I MEAN, YEAH, THAT'S GRASS, RIGHT? IS THAT THE BACK SIDE OF THE HOUSE THEN THIS, UM, THIS, THIS AQUA COLOR? YOUR INTENTS TO KEEP ALL THIS, I BELIEVE.
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YES.SO THEN THE REASON I'VE PUT THIS IN RED JUST FOR CLARITY, IS THAT IF THE PROPERTY LINE COMES DOWN ON A STRAIGHT LINE LIKE THIS, 90 DEGREES TO THE FRONT YARD, UM, THIS APPEARS, I'M GONNA PULL IT AWAY TO BE A PAVED AREA THAT ENCROACHES OVER THE SIDE.
AND I BELIEVE IN YOUR OPENING REMARKS, YOU INDICATED AT A MINIMUM THAT WOULD COME OFF YES.
AND PUT THAT BACK, RIGHT? YES.
AND AS YOU'RE ON THAT LINE, THERE IS A FENCE THAT IS ON OUR SIDE THAT ALSO THAT FENCE NEEDS TO BE MOVED 'CAUSE THEY'RE IN OUR PROPERTY.
SO IF YOU GO STRAIGHT UP, YOU SEE THAT PART THAT, THAT FENCE NEEDS TO BE MOVED OUT? 'CAUSE IT'S IN OUR PROPERTY.
I, SO YOU NEED TO PUT RIGHT ON THERE AS WELL.
I JUST WANNA CLARIFY THAT AREA IN THE BACK THAT IS PAVED.
SO THAT PURPLE AREA THERE, THERE IS AN AREA THERE IS, YES.
SO THAT'S WHAT THE, THE BOARD IS ASKING.
THAT'S, WE TAKE THAT OUT ASKING FOR CLARIFICATION ON YEAH.
STILL HASN'T GOTTEN TO OUR QUESTION.
SO YOU ARE, SO YOU'RE SAYING THAT YOU WANT TO KEEP THAT PAVED AREA THAT LEADS TO WHAT'S THE INDIVIDUAL GARAGE? TWO CAR GARAGE? YEAH, NO, NO.
THAT'S THE ONE WE'RE TALKING ABOUT.
UH, YOU WANNA KEEP THAT LITTLE PAVED AREA THAT IS CLOSE TO THE PROPERTY, I MEAN CLOSE TO THE DWELLING THAT HAS NOTHING TO DO WITH GETTING YOU INTO THE TWO CAR GARAGE, WHICH IS GOING TO BE THE GARAGE.
SO ESSENTIALLY WHAT YOU'RE DOING IS YOU ARE INCREASING THE DRIVEWAY FOR PARKING BY HAVING THAT REMAIN THERE.
IS THAT WHAT, IS THAT WHAT YOU INTENDED? CORRECT.
UM, IN REGARDS TO THE EXPANSION OF THE DRIVEWAY, ARE THERE OTHER HOMES ON THE BLOCK THAT HAVE A SIMILAR SHAPE TO THIS DRIVEWAY? OR IS THIS DRIVEWAY GOING TO BE A DIFFERENT TYPE OF SHAPE OTHER THAN THE HOMES? 'CAUSE I KNOW IN MOST NEIGHBORHOODS WE WANNA TRY TO KEEP HOUSES SIMILAR LOOKING.
SO I JUST WANTED TO KNOW, JUST TO HELP THE BOARD IN OUR DECISION.
ARE THERE OTHER HOMES THAT HAVE A SIMILAR TYPE OF CIRCULAR DRIVEWAY? DEFINITELY THERE IS.
WE, WE HAVE, I HAVE VIDEO OF THE DRIVEWAYS AROUND.
EVERYONE HAS DRIVEWAY, EVERYONE, YOU KNOW, THERE FROM END TO END I CAN SHOW YOU GUYS.
SO THEN THIS WOULD BE KEEPING IN CONFORMITY OF THE YEAH.
WHEN WE BOUGHT THE HOUSE, IT HAS A TWO CAR GARAGE.
SO IF THERE'S A TWO CAR GARAGE, HOW COULD WE NOT HAVE A DRIVEWAY ABSOLUTELY.
HOW DO WE GET ACCESS BACK THERE? SO HOW DO WE GET ACCESS? SO IT IS BEEN THERE FROM PICTURES SINCE 1975 HAVE A PROBLEM.
AND NOW THAT WE BOUGHT THE HOUSE, UM, IT'S A PROBLEM, BUT IT'S BEEN THERE SINCE 1975.
PEOPLE WANNA PUT THEIR SNOW IN OUR DRIVEWAY.
THERE'S DIFFERENT THINGS, YOU KNOW, AND, AND I, I GET IT.
WE DON'T WANNA DISTURB ANYONE.
BUT WE WANNA KEEP WHAT'S OURS, WHICH IS THE PROPERTY THAT WE BOUGHT.
CAN YOU SHOW US SOME OF THE PICTURES? SURE.
OF THE OTHER DRIVEWAY IN THE AREA THAT HUNDRED YOUR WILL KIND OF CONFORM TO AND KEEP THAT TYPE OF LOOK AND STYLE.
OH, CAN I COME UP, UH, AUDIO YOU CAN COME UP.
I DON'T KNOW HOW, HOW WE CAN GARRETT OR HOW CAN THEY, IS THERE ANY WAY WE CAN, UNLESS YOU CAN
I DON'T DUNNO IF THIS IS THE MOST EFFICIENT WAY.
I THINK IT NEEDS TO BE SUBMITTED TO THE, OH, YOU HAVE TO SUBMIT IT.
CAN WE EMAIL IT TO SOMEBODY AND THEY PULL IT UP? IS THAT POSSIBLE? WE HAVE PICTURES OF THE WHOLE BLOCK AND THE GARAGE AND THE DRIVEWAYS AND, AND ALL THAT.
WE'D WANNA BE ABLE TO PUT IT IN THE RECORD.
SO IF YOU COULD DEVELOP THOSE PHOTOGRAPHS, WHETHER JUST PRINT THEM AND THEN SEND THEM IN OR EMAIL AND THEN WE'LL GET IT IN OUR NEXT PACKET.
THAT'D PROBABLY BE THE BEST WAY TO SUBMIT THAT AS PART OF YOUR EVIDENCE PROOF.
GARRETT, CAN THEY SEND IT TO YOU? CAN THEY EMAIL IT TO YOU AND THEN YOU SHARE? YES, BUT I, I MEAN THAT CAN BE DONE, BUT, UM, A AS, AS MR. PLAN INDICATED, WE WOULD WANT THESE PROPERTIES, UM, YOU KNOW, IDENTIFIED AND KEYED TO, UH, WHERE THEY ARE IN RELATION TO THE HOME AND, AND PRESENTED IN A, IN A PALATABLE MANNER.
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I THINK THE BOARD SHOULD CONTINUE ON WITH ITS QUESTIONS.I KNOW THERE'S PUBLIC THAT WANTS TO SPEAK TONIGHT.
OKAY, SO OUR, OUR REQUEST IS THAT IF WE CAN KEEP THE DRIVEWAY, NOT THE ONE IN THE BACK, WE'LL PAVE THAT WE GRASS AGAIN, IF YOU WANNA PUT THE PICTURE UP AGAIN SO I DON'T, UM, EVERYBODY COULD UNDERSTAND WHAT WE'RE SAYING.
UM, WHAT WE ARE REQUIRING IS THE DRIVEWAY THAT GOES INTO THE TWO CAR GARAGE, THAT DRIVEWAY THERE, THE ONE IN THE BACK THAT WILL GO BACK INTO GRASS.
AND ALSO, I WANNA PUT FOR THE RECORD, THE FENCE THAT'S, UM, IN OUR PROPERTY NEEDS TO BE MOVED, UM, TOWARDS THE BACK WHERE YOU SAY A MACADA DRIVEWAY.
UH, MY NEIGHBOR'S FENCE IS IN OUR PROPERTY.
IF YOU COULD PUT SOMETHING RED ON THERE AS WELL, THAT, THAT ALSO NEEDS TO BE MOVED SO THAT WE COULD GET OUR PROPERTY AS WE GIVE THEM THEIRS, PLEASE.
LET'S SEE WHAT THE
WHO'S HERE? WANTS TO SPEAK ON THIS INTERVIEW.
WE ALSO HAVE OUR ARCHITECT ON THE LINE SO THAT YEAH, HE'S ON ZOOM AND I KNOW HE WANTED TO SHARE AS WELL.
WELL, WE KNOW WHAT YOU WANNA ACCOMPLISH.
I'M JUST, I KNOW THAT THERE ARE PEOPLE HERE WHO WANT TO SHARE WHATEVER THEIR CONCERNS ARE.
SO PERHAPS IF WE COULD HEAR THEM THEN MAYBE WE COULD BRING THE ARCHITECT UP AFTERWARDS.
MADAM CHAIR, MEMBERS OF THE BOARD, CAN YOU HEAR ME ALL RIGHT? YES.
MY WIFE LORETTA AND I ARE THE OWNERS OF THE PROPERTY NEXT DOOR TO, UM, 19 PRIMROSE.
WE WERE AT 21 PRIMROSE AVENUE.
UM, THE APPLICANT IS THOMAS STERN.
THE HOUSE IS STILL IN THE NAME OF THOMAS STERN.
IT'S BEEN IN THE NAME OF THOMAS STERN.
AND I, I DON'T, I THINK THESE FOLKS ARE, ARE JUST MISLEADING YOU WHEN THEY'RE SAYING THAT THEY HAVE A DEED BECAUSE EVERYTHING UP UNTIL TO TODAY, THIS IS THOMAS STERN'S HOUSE.
WELL, SIR, WE CAN, WE CAN ASK THEM TO PRODUCE THOSE DEEDS AS PART OF WHAT WE CAN RECEIVE.
UM, MY WIFE AND I STRONGLY OPPOSE THIS APPLICATION FOR YEARS.
WE HAVE ENDURED SEVERE CHALLENGES LIVING NEXT TO THIS PROPERTY.
THE HOUSE HAS OFTEN BEEN VACANT AND IS IN ITS STATE OF DISREPAIR, POSING A SERIOUS HAZARD, INCLUDING A FIRE INCIDENT ON JANUARY 18TH, 2018.
ADDITIONALLY, THIS PROPERTY HAS ACCUMULATED OVER $150,000 IN TAX ARREARS WHILE WE'VE CONTINUED TO PAY OUR TAXES FOR THE LAST 52 YEARS.
I'M IN MY HOME 52 YEARS NOW, DESPITE PART OF THIS DRIVEWAY BEING ILLEGAL, IT'S ALSO UP TO ALMOST FOUR FEET ON MY PROPERTY.
AND I'VE TOLD EVERY OWNER OF THIS HOUSE, INCLUDING MR. STERN, THAT THIS IS MY PROPERTY.
I'VE ASKED HIM TO REMOVE IT, BUT HE'S NEVER AROUND.
AND NOW HE'S BEEN UP IN BOSTON FOR MASSACHUSETTS SOMEPLACE OVER THE LAST 15, 20 YEARS.
SINCE WE MOVED INTO THE HOME IN 1972.
THIS HAS CAUSED US CONSIDERABLE HARDSHIP.
IT'S SIX INCHES HIGHER THAN OUR PROPERTY AND IT SLOPES TOWARDS US.
DRAIN HEAVY RAIN WATER FROM THE APPLICANT'S DRIVEWAY, WHICH LACKS ANY DRAINAGE SYSTEM AT ALL, FLOODS ONTO OUR PROPERTY EVEN THOUGH WE HAVE A STORM DRAIN ON OUR LAND.
OVER THE YEARS, THAT'S HAS RESULTED IN MULTIPLE INSTANCES WHERE I SUSTAINED UP TO $30,000 OF UNINSURED FLOOD LOSS.
THE BUILDING INSPECTORS DECISION.
WELL, I'VE BEEN LONG AWAY THIS, UH, DRIVEWAY ENCROACHES ON OUR PROPERTY, AND I'VE REPEATEDLY INFORMED MR. STERN OF THIS VIOLATION, WHICH HE HAS CONSISTENTLY REFUSED TO TAKE ANY CORRECTIVE ACTION.
ON JUNE 7TH, 2024, THE DEPARTMENT OF BUILDINGS ISSUED A NOTICE OF VIOLATION TO MR. STERN CITING THE DRIVEWAY AS A VIOLATION OF TOWN LAW.
I THINK IT'S 100 DASH SEVEN A IN MAY, 2024.
I PERSONALLY PAID A THOUSAND DOLLARS FOR A SURVEY TO CONFIRM THE EXTENT OF THE DRIVEWAY'S ENCROACHMENT ON MY PROPERTY.
AND I PRESENTED THAT EVIDENCE TO MR. AND MRS. KOTO.
DESPITE THESE EFFORTS, THE THE ISSUE REMAINS UNRESOLVED.
THE BUILDING INSPECTOR'S DECISION TO ISSUE A NOTICE OF VIOLATION IS CONSISTENT WITH ORDINANCE CODE SECTION 2 85 DASH 14 BB.
AND I APOLOGIZE FOR SPEAKING SO FASTLY FOR OUR YOUNG COURT REPORTER HERE,
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WHICH MANDATES A MINIMUM DISTANCE OF 12 FEET FROM THE PROPERTY LINE FOR DRIVEWAYS COMPLIANCE WITH THE SETBACK REQUIREMENT, ALONG WITH REMOVING THE BLACKTOP, REPLACING IT WITH INSTALL WITH SOIL, AND INSTALLING A DRAINAGE SYSTEM, WHICH WOULD PROVIDE SOME MEASURE OF PROTECTION AGAINST FUTURE WATER DAMAGE.WE'VE ATTACHED, I HAVE PHOTOGRAPHS HERE, WHICH SHOULD I JUST HAND 'EM UP TO YOU? YOU CAN JUST HOLD THEM UP.
WE'VE ATTACHED, THEY WILL TURN IT AROUND FOR YOU.
WHAT DOES, SO IF HE'S SHOWING HERE, IS THIS IS THE DRIVEWAY.
YOU CAN SEE IT'S TILTED THIS WAY.
IT HAS A ROOFTOP TILTED THIS WAY.
EVERYTHING'S WELL PRESENT HERE.
I'VE ALSO LIVED HERE FOR 15 TWO YEARS.
THERE'S NOT, I WOULD LIKE TO SEE THE ADDRESSES.
IF YOU HAVE, I WALK AROUND MY NEIGHBORHOOD.
I DON'T KNOW OF ANY OTHER DRIVEWAY THAT LOOKS LIKE THIS.
JUST, JUST, JUST ADDRESS THIS, JUST ADDRESS US.
I DON'T KNOW OF ANY OTHER, THE DRIVEWAY THAT LOOKS LIKE THIS.
LET, LET ME SEE, LET SEE, PLEASE.
THERE'S GRASS ON BOTH SIDES OF EVERY DRIVEWAY IN OUR NEIGHBORHOOD.
MY PARENTS ARE 82 WHEN I GET ICE AND SNOW.
I'M WORRIED ABOUT THEM FALLING.
THIS IS A, THAT'S WHAT'S GONNA HAPPEN WHEN THIS GETS MOVED AGAIN, UNLESS WE HAVE THE PROPER DRAINAGE HERE.
SO THAT'S MY ONLY APPEAL AS A DON.
RIGHT, MA'AM, IF YOU HAVEN'T ALREADY, YOUR NAME.
AND WILL YOU PROVIDE THE BOARD WITH, UH, COPIES OF THOSE PHOTOGRAPHS? YES, ABSOLUTELY.
ADDITIONALLY, THE APPLICANT'S PROPERTY FEATURES AN EXTENSION WHERE THE PITCH ROOF DIRECTLY MORE WATER ONTO MY DRIVEWAY.
THE EXTENSION THAT THEY PUT ON, WHICH THEY CLAIM IS THEIR DRIVEWAY.
UH, THEIR GARAGES HAS A PITCH ROOF THAT COMES TO ME.
AND I GOTTA TELL YOU, YES, I FOUND OUT THAT PART OF MY FENCE IS ON THEIR PROPERTY.
IF YOU GO DOWN TOWARDS ALMOST THE END OF THE DRIVEWAY, ABOUT TWO INCHES OF MY FENCE IS ON THEIR PROPERTY, WHICH I'LL BE HAPPY TO MOVE.
UH, IT'S, THAT'S NOT A PROBLEM AT ALL.
I DON'T KNOW HOW ANYBODY COULD TURN A CAR FROM THE EDGE OF THEIR DRIVEWAY INTO A GARAGE AND THEY, THEY WOULD HAVE TO BEND IT INTO A PRETZEL IN ORDER TO ACHIEVE THAT.
BUT BE THAT AS IT MAY RECENTLY, THE CODE HAS ENTERED THE PROPERTY AND COMMENCED WORK WITHOUT SECURING THE NECESSARY PERMITS, INCLUDING A STOP WORK ORDER FROM THE BUILDING DEPARTMENT.
FURTHERMORE, THEY REMOVED FOUR TREES WITH A PERMIT REQUIREMENT TO REPLACE THEM WITHIN 60 DAYS.
THEY HAVE NOTHING REPLACED THIS SIX MONTHS AGO.
THE EXISTING GARAGE'S LAYOUT IN CONJUNCTION WITH THE DRIVEWAY'S PROXIMITY TO OUR PROPERTY, MAKES IT IMPRACTICAL FOR VEHICLE ACCESS.
GIVEN THE APPLICANT'S PAST ACTIONS, WE HAVE SERIOUS CONCERNS ABOUT THEIR INTENTIONS WITH THIS VARIANCE APPLICATION.
SHOULD YOU DECIDE TO APPROVE THE DRIVEWAY IN SOME FORM, WE HOPE YOU DON'T, BUT WE REQUEST THE FOLLOWING CONDITIONS FOR OUR PROPERTY.
ONE, ANY PORTION OF THE DRIVEWAY ON OUR PROPERTY MUST BE IMMEDIATELY REMOVED.
TWO, THE DRIVEWAY SHOULD BE CLOSER TO THE APPLICANT'S HOUSE ALLOWING FOR PERME PERMEABLE GROUND BETWEEN OUR TWO PROPERTIES.
THE APPROVED, IF APPROVED, THE DRIVEWAY SHOULD ADHERE TO THE LEGAL WIDTH AND LENGTH STIPULATED IN THE TOWN OF GREENBURG.
REGULATIONS FOR A DRY WELL MUST BE INSTALLED ON THE APPLICANT'S PROPERTY TO MANAGE WATER RUNOFF, ENSURING IT DOES NOT IMPACT ON OUR PROPERTY.
AS A RESIDENT OF THIS COMMUNITY FOR 52 YEARS, I HAVE CONSISTENTLY HELD UP MY RESPONSIBILITIES AS A PROPERTY OWNER AND COMMUNITY MEMBER.
I NOW STAND BEFORE YOU APPEALING TO THE ZONING BOARD TO ENFORCE THE TOWN OF GREENBURG BUILDING DEPARTMENT'S MISSION STATEMENT.
I RESPECTFULLY REQUEST THAT IN CONSIDERING THE APPLICANT'S REQUEST, THE BOARD EQUALLY CONSIDER THE IMPACT ON MY PROPERTY AND ENSURE THAT ANY DECISION REQUIRES ADHERENCE TO THE CURRENT ZONING LAWS.
AND I I THANK YOU VERY MUCH FOR HEARING ME.
CAN I ASK YOU SOMETHING? YES, MA'AM.
YOU SAY THAT MR. STERN HAS HAD BEEN AWAY FOR SOME 15 YEARS.
THE ISSUES THAT YOU ARE COMP COMPLAINING ABOUT AT THIS TIME, WERE THEY UH, SOMETHING THAT IS, HAS BEEN RECENT? NO, NO.
I HAVE SUFFERED WATER DAMAGE OVER THE YEARS
[00:30:01]
AND I ASKED MR. STERN TO, TO, TO MITIGATE IT, TO REMOVE THE DRIVEWAY.AND WHAT HE DID WAS HE WENT AND REPAVED IT AND PITCHED IT TO MY HOUSE.
I HAD TO HIRE A CONTRACTOR TO PITCH IT AWAY FROM MY HOUSE.
AND, AND IT'S JUST FOR BOTH ON DEAF EARS.
I KNOW YOU'RE NOT, BUT THAT'S, THAT'S PROBABLY WHERE YOU SHOULD HAVE BEEN WITH SOME OF THESE, WHAT YOU'RE TELLING US NOW, YOU YOU'RE ABSOLUTELY CORRECT.
BUT I'M HERE TONIGHT, UNFORTUNATELY.
AND, AND, AND I'M ASKING THAT THERE'S VARIANCE NOT BE GRANTED.
ALRIGHT, LET, LET ME LET, LET US SEE IF WE CAN LISTEN TO THE ARCHITECT SINCE HE'S HEARD NOW WHAT YOUR CONCERNS ARE AND LET'S SEE IF THERE'S ANYTHING.
WELL, I, WE DO HAVE OTHER FOLKS HERE, BUT MR. MR. I'M, UH, AMEN IS THE OWNER OF THE OTHER SIDE OF THE HOUSE AND HE HAS SOME SERIOUS, UH, ISSUES ALSO.
BUT IS HIS ISSUES GERMANE TO THIS DRIVEWAY? YES.
THE LAST FOUR PAGES IS WHAT I WROTE, READ TO YOU, AND THEN YOU CAN READ THE RESTS YOURSELF.
MY WIFE AND I RESIDING AT 17 PRIMROSE AVENUE.
REQUEST THAT THE APPLICATION FOR A VARIANCE TO LEGALIZE THE EXISTING DRIVEWAY AS IT STANDS TODAY, BE DENIED.
MY WIFE AND I ARE NOT BEING UNREASONABLE IN REQUESTING THAT AN ALTERNATE DESIGN FOR A DRIVEWAY BE CONSIDERED TO RESOLVE LONG-TERM COMPLAINTS MADE TO THE OWNER TOM STERN, WHICH HAS GONE IGNORED.
WITH THAT BEING SAID, PLEASE CONSIDER THE FOLLOWING.
THERE'S NEVER BEEN AN APPROVED DRIVEWAY INCLUDED IN THE 1963 GARAGE ADDITION.
IT IS REASONABLE TO ASSUME THAT A DRIVEWAY WAS NECESSARY TO ACCESS AC ACCESS THE GARAGE STRUCTURE AND WASN'T INCLUDED IN 1963.
IN VIEWING OUR, UH, ATTACHED PHOTOS, ONE CAN CONCLUDE THAT THE ORIGINAL DRIVEWAY OVER TIME HAS BEEN WIDENED IN ONE OF THE DRAWINGS.
THE FIRST, UH, THE SECOND DRAWING, YOU CAN SEE THE RED MARKS THAT SHOW THE WIDTH OF THE DRIVEWAY BEING WIDENED.
THERE'S A SEAM IN THE DRIVEWAY, UH, GOING ALL THE WAY DOWN THE DRIVEWAY.
CAN YOU HOLD UP WHICH PHOTO YOU'RE TALKING ABOUT? AND IF I CAN, IF I CAN BE CLEAR, YOUR HOUSE IS TO THE LEFT OF THIS PROPERTY? THAT IS CORRECT.
IN VIEWING OUR ORIGINAL PHOTOS, ONE CAN CONCLUDE THAT THE ORIGINAL DRIVEWAY HAS BEEN EXTENDED AT SOME TIME TO INCLUDE AN APPROXIMATE 600 SQUARE FOOT PARKING AREA TO THE SIDE AND REAR OF THE 1963 GARAGE EDITION.
THAT, THAT DRIVEWAY OR PARKING LOT IS, IS PICTURED IN THE FIRST PHOTO IN THE PACKET.
THIS PHOTO, WHICH IS THE PACKET FROM MY DEPTH IN THE REAR OF MY HOUSE, THERE'S ALSO VIEW FROM ALL THE WINDOWS ON THE SIDE OF MY HOUSE.
BESIDES THE FACT THAT, THAT THAT ADDITION IS A MONSTROSITY, BESIDES THE FACT THAT THE ADDITION IS NOT TOTALLY LEGAL FROM THE STANDPOINT THAT IT IS BEING USED AS LIVING SPACE, UM, THE, THE MCADAM IN THE BACK SHOULD BE REMOVED.
UM, IT IS, IT IS EVIDENT AND BROUGHT TO ATTENTION OF MRS. STERN, THE CURRENT OWNER OF THIS PROPERTY, THAT THERE IS WATER RUNOFF, THERE ARE WATER RUNOFF ISSUES.
THERE'S NO EVIDENCE THAT A DRY WELL WAS EVER BUILT TO DEAL WITH WATER RUNOFF FROM BOTH THE ROOF OF THE GARAGE STRUCTURE AND THE ORIGINAL DRIVEWAY.
BUILDING DEPARTMENT RECORDS, UH, DOCUMENT THAT THE DISTANCE FROM THE SOUTHWEST CORNER OF THE 1963 GARAGE STRUCTURE TO THE PROPERTY LINE ABUTTING, UH, 21 PRIMROSE AVENUE, IS 15, UH, 0.23 INCHES.
[00:35:01]
LOOK AT THE DRAWING, EXCUSE ME, AT THE, AT THE, UM, ARCHITECTURAL LAYOUT PROVIDED IN THE APPLICANT'S, UH, UM, REQUEST FOR THE VARIANCE, THERE IS A 15 FOOT, UH, UH, DISTANCE BETWEEN THE BACK SOUTHWESTERN CORNER OF THE PROPERTY.I HAVE IT CIRCLED IN ORANGE AND ALSO A 20 FOOT, UH, DISTANCE BETWEEN THE FRONT CORNER OF THE HOUSE AND THE PROPERTY LINE.
SO WITH THAT BEING SAID, THEY WANT A A 12 FOOT, THEY WANT A ZERO FOOT VARIANCE WHEN THERE'S ACTUALLY 15, ALMOST 16 FEET AT THE REAR AND 20 FEET AT THE FRONT.
SO A 12 FOOT DRIVEWAY WOULD STILL GIVE A FOUR FOOT SEPARATION BETWEEN THE MCCADA AND, AND, UM, THE FENCE AT THE 17 PROMOS AVENUE.
BUT TO GO FURTHER, AND THAT'S ON, UM, UH, BULLET NUMBER SEVEN AND EIGHT ON MY, UH, UH, PRESENTATION.
WITH THOSE FACTS, WE RESPECTFULLY REQUEST THAT THE APPLICANT OR THE OWNER REDESIGN THE DRIVEWAY TO LESSEN THE NEGATIVE EFFECT ON OUR NEIGHBOR, ON OUR NEIGHBORHOOD.
IN ADDITION, WE WOULD LIKE TO POINT OUT THAT MR. KOTO HAS NOT BEEN HONEST OR FORTHCOMING WITH HIS INTENTIONS REGARDING THIS PROPERTY.
THE APPLICATIONS FOR THIS VARIANCE ARE, IS INACCURATE AND MISLEADING.
MR. KOTO, IN HIS DISCLOSURE FORM, STATES THAT THE, UM, ADDRESS OF THE APPLICANT IS 17 PRIMROSE AVENUE WEST.
MR. KOTO DOES NOT LIVE AT, EXCUSE ME, AT 19 PRIMROSE AVENUE WEST.
HE ACTUALLY LIVES AT 18 NORTH MORTIMER AVENUE IN ELMSFORD, NEW YORK, WHICH IS ALSO LISTED AS CORDO REALTY CONSULTANTS, LLC, WHICH HE FAILS TO MENTION.
MR. CORDO, ON HIS DISCLOSURE FORM, STATES THAT IT IS NOT APPLICABLE TO INCLUDE THE OWNER'S ADDRESS.
THAT BEING OF MR. THOMAS STERN, 20 YEAR ABSENTEE OWNER OF NOW LIVING AND HAS BEEN LIVING THERE IN MASSACHUSETTS FOR OVER 20 YEARS.
MR. KOTO, IN HIS DISCLOSURE FORM, FAILS TO LIST HIS LLC ON LINE FOUR AS HE IS NOT THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS BEING, UH, REQUESTED.
MR. KOTO HAS, STATE HAS STATED THAT HE, UH, HAS CONNECTIONS WITH THE BUILDING DEPARTMENT AND THAT I SHOULD MIND MY OWN BUSINESS.
I FIND THAT IT DIFFICULT TO BELIEVE THAT HE BELIEVE AS HE IS IN, UH, I FIND THAT DIFFICULT TO BELIEVE AS HE WAS ISSUED A STOP WORK ORDER ON, UH, UH, BEING PERFORMED PRIOR TO OBTAINING A BUILDING PERMIT.
MR. KOTO HAS POSTED A BUILDING PERMIT ON, IN ON, INCLUDING INTERIOR DEMOLITION, NOT TO EXCEED 75% OF SQUARE FOOTAGE.
AT THIS POINT, MR. COTO HAS DEMOLISHED THE ENTIRE INTERIOR OF THE STRUCTURE.
MR. COTO HAS NOT POSTED AN ELECTRICAL PERMIT REQUIRED UNDER, UH, IN ORDER TO START ELECTRICAL WORK.
YET SUCH WORK IS NOW IN PROGRESS.
I MAKE THESE STATEMENTS IN EVIDENCE THAT MR. KOTO FEELS THAT CAN, HE CAN DO WHAT HE WANTS WHEN HE WANTS DESPITE THE CONCERN OF THE NEIGHBORHOOD.
THANK YOU FOR HEARING MY CONCERNS, AND PLEASE REVIEW THE ENTIRE DOCUMENT BEFORE YOU GO.
UM, AS I PERUSE THE NEIGHBORHOOD AND I'VE DRIVEN THROUGH THE NEIGHBORHOOD, I'M JUST GOING THROUGH MY PHOTOS RIGHT NOW.
AND KEEPING WITH THE CHARACTER OF THE NEIGHBORHOOD.
I'M LOOKING AT MOST OF THESE DRIVEWAYS, WHICH MANY OF THEM DO HAVE A ZERO SETBACK JUST BASED ON MY QUICK OBSERVATION.
MOST HOMES IN THIS NEIGHBORHOOD HAVE A TWO CAR DRIVEWAY.
IF THAT WERE PROPOSED AS A REMEDY TO THIS VERSUS A LONGER DRIVEWAY, WOULD THAT BE ACCEPTABLE TO YOU? PROPOSED? I'M SORRY, SAYING THAT AGAIN.
NO, NOT FROM WHAT I'M LOOKING AT.
I'M, I'M ON PRIMROSE AND I'M GOING UP AND DOWN GOOGLE MAPS, LOOKING AT ALL THE HOMES ON THE STREET, AND MOST OF THEM HAVE A TWO CAR, TWO CAR GARAGE SET UP.
MOST HAVE MOST HOUSES ON PRIMROSES AVENUE DO NOT HAVE TWO CARS.
11 PRIMROSE AVENUE, WEST 17, PRIMROSES AVENUE WEST HAS A TWO
[00:40:01]
CAR GARAGE.I APPLIED FOR A PERMIT, GOT A PERMIT, AND BUILT THAT.
SO THE QUESTION I'M ASKING IS THAT IF, IF IT WERE, IF IT WERE MORE IN KEEPING WITH WHAT THE REST OF THE NEIGHBORHOOD LOOKED LIKE, WOULD THAT BE OKAY WITH YOU? A TWO A TWO A DOUBLE DRIVEWAY UP TO THE HOUSE WITHOUT THE PIECE IN THE BACK.
AND THEY DID SAY THAT THEY WERE GONNA REMOVE THE MCDA IN THE BACK, SO THAT'S NOT AN ISSUE ANY LONGER.
SO I THINK THE MAIN CONCERN THAT YOU'RE BRINGING FORTH TO US RIGHT NOW IS THAT THE LENGTH OF THAT DRIVEWAY BOTHERS YOU.
THE LENGTH OF THE DRIVEWAY PROTRUDES PAST THE STRUCTURE.
SO THAT, SO AGAIN, INSTEAD OF THAT, SO REMOVING THAT MCCADA IS, HAS BEEN REQUESTED.
THE OTHER THING IS THAT DRIVEWAY, UM, RIGHT NOW IS 15 FEET ON 15 QUARTER FEET BACK.
WE'RE SAYING, WE'RE SAYING IF WE WERE TO MOVE THAT AND FROM THE STREET UP, LIKE THE REST OF THE HOMES THAT I'M LOOKING AT IN THE NEIGHBORHOOD.
UM, WELL LET'S NOT MINCE WITH THAT.
I'M NOT ASKING ABOUT THE DRIVEWAY SOLELY AT THIS POINT, BECAUSE HE DID HAVE A PERMIT.
THE OWN PREVIOUS OWNER HAS A PERMIT TO HAVE BUILT THAT STRUCTURE WHETHER WE LIKE IT OR NOT.
SO RIGHT NOW THE ISSUE IS THE MCDA IN THE BACK, THEY'VE ALREADY OFFERED PROFFERED THAT THEY WOULD REMOVE THAT.
SO NOW THE ISSUE IS, IS THE LITTLE HOOK TURN THAT COMES BACK TO THE STREET, IF IT STOPPED AT THE HOME AND THERE WERE BASICALLY A DOUBLE DRIVEWAY THERE, WOULD THAT BE A PROBLEM TO YOU? EVEN THOUGH YOU'RE ON THE LEFT SIDE? TO ME, YES.
IT WOULD BE A PROBLEM BECAUSE, UH, WHAT ARE YOU CONSIDERING THE WIDTH OF A DRIVEWAY? WELL, IF I LOOK AT THE BUILDING DIMENSIONS THAT ARE HERE, IT WOULD LEAVE AT LEAST NINE FEET BETWEEN THAT DRIVEWAY AND YOUR NEIGHBORS ON THE OPPOSITE SIDE FROM IF THERE'S NINE FEET OR EIGHT FEET OF, OF SOIL.
I DON'T THINK ANYBODY HAS A OKAY.
ARE YOU PROPOSING THERE'S NO DRAW? WE, WE'LL, WE'LL, I'LL SHOW YOU, I'LL SHOW YOU THE PHOTOGRAPHS LATER.
RIGHT NOW THEY HAVE A SINGLE CAR GARAGE THAT LEADS TO THE HOUSE, CORRECT? A DRIVEWAY IF THAT WERE A DOUBLE CAR.
WHAT DO YOU MEAN? NO, WAIT, THE, SO THE, THE SINGLE CAR GARAGE.
SO THERE IS A SINGLE CAR GARAGE IN THE FRONT OF THE HOME.
NO, NO, I AM I TALKING ABOUT THE BACK.
LET'S STAY IN THE FRONT OF THE HOME.
IF THERE WERE A DOUBLE WIDTH DRIVEWAY, 20 FOOT WIDE DRIVEWAY AND A GARAGE, TWO CAR GARAGE IN THE FRONT, IT WOULD BE IN KEEPING WITH ALL THE OTHER HOMES IN THE NEIGHBORHOOD.
IF THERE WERE TWO CAR GARAGE IN THE FRONT YES.
I'M SAYING AN EIGHT FEET FROM THE GARAGE TO THE NEIGHBOR'S.
BASED ON, BASED ON WHAT I'M LOOKING AT IN TERMS OF THE SURVEY, IT'D BE NINE FEET.
SO AGAIN, JUST VERY QUICKLY, I'M GETTING AWAY FROM THE MICROPHONE.
BEFORE YOU GET TO THE PROPERTY LINE, THIS SHOULD BE 10 FEET.
IF YOU DID ANOTHER 10 FOOT IN A GARAGE, THEN WE ARE KEEPING WITH THE REST OF THE NEIGHBORHOOD.
IN INCLUDING IN KEEPING WITH MY HOUSE.
'CAUSE THEY HAVE A PERMIT FOR THAT.
WHAT'S THAT? THEY HAVE A PERMIT FOR THE STRUCTURE IN THE BACK.
BUT ARE YOU TALKING ABOUT REMOVING THE MCCADA? THEY, THEY ALREADY, THEY ALREADY PROFFERED TO DO THAT.
THE PURPLE, THE PURPLE THEY ALREADY PROFFERED TO REMOVE THAT.
I'M, I'M TALKING ABOUT THE MCCADA ON GOING TO THE TWO CAR GARAGE.
SO ONCE AGAIN, IF THE GARAGE WAS HERE, THERE BE NO NEED FOR THAT.
AND SINCE THAT'S IMPERVIOUS, WE'RE NOT EVEN WORRIED ABOUT THAT.
AND YOUR HOME IS ON THAT SIDE.
WHAT YOU'RE, WHAT YOU'RE ASKING WE'RE NOT, WE'RE NOT ASKING THEM TO BUILD A SECOND GARAGE NEXT TO THEIR EXISTING GARAGE.
WELL, AGAIN, AND PART OF WHAT WE DO IN THE ZONING BOARD IS TRY TO FIND A NICE AMICABLE POOL.
I MEAN, WE WOULD SOLUTION, WE, WE WOULD LOOK TO ADDRESS EVERYONE.
WE'RE NOT ASKING THEM TO HAVE TO DO THAT.
I DON'T HAVE A PROBLEM WITH THEM HAVING THAT TWO CAR GARAGE, ALTHOUGH IT'S ABOMINABLE FROM MY HOUSE.
UH, THE OTHER THING IS IT'S GOT A, A SPACE UP ABOVE IT, WHICH IS AGAIN, THAT WE CAN'T LITIGATE THAT NOW.
BUT ARE YOU SAYING THAT IF THEY LITIGATE THAT AGAIN, PART OF WHAT WE DO AS A ZONING BOARD IS WE'LL GO BACK TO AN APPLICANT AND OFFER SOME SUGGESTIONS OKAY.
AS TO THINGS THAT THEY COULD PROPOSE TO US THAT MAY BE ACCEPTABLE, THAT WOULD BE ACCEPTABLE TO THEM AS WELL AS TO THE COMMUNITY.
AND FROM WHAT I'M HEARING RIGHT NOW, THE BIGGEST ISSUE THAT YOU'RE RAISING IS THAT THE DRIVEWAYS DO NOT KEEP, ARE NOT KEEPING WITH WHAT YOU SEE.
ALTHOUGH THE NEIGHBOR'S DRIVEWAY, IF I'M LOOKING AT IT PROBABLY IS EQUAL IN LENGTH TO THE DRIVEWAY THAT'S BEING PROPOSED.
WE WE'RE NOT TALKING ABOUT THE LENGTH OF THE DRIVEWAY.
WE'RE TALKING ABOUT THE WIDTH OF THE DRIVEWAY.
THAT'S THE MOST IMPORTANT THING.
[00:45:01]
DRIVEWAY ENCROACHES ON, UM, ON BOTH WATER RUNOFF AND PROPERTY LINES.AND THEY, THEY HAVE ALREADY PROFITED.
SO ALL THEY, ALL THEY'VE SAID THAT THEY WOULD ADDRESS IS THE, THE LAND IN FRONT OF THE HOUSE, WHICH IS ABOUT THREE FOOT IN WIDTH.
THE PIECE TO THE BACK, THE PURPLE THAT WE WERE JUST LOOKING AT, THEY SAID THEY WOULD REMOVE IT.
BUT THE ASPHALT IN FRONT OF THE GARAGE, THE ASPHALT IN THE FRONT OF THE GARAGE, WE'RE ASKING THAT ASPHALT BE NO MORE THAN THE, THE WIDTH OF A NORMAL DRIVEWAY.
RIGHT NOW IT'S 15 FEET PLUS IN THE BACK AND EIGHT AND 19 FEET IN THE FRONT.
SO HOW WOULD YOU SUGGEST THEY GET THE CAR IN THERE? FIR FIRST OF ALL, THE, IF, IF YOU WANT, IF WE WENT BACK TO 1963, THAT, THAT GARAGE SHOULD HAVE NEVER BEEN BUILT.
AND WE UNDERSTAND THAT THE PROBLEM THAT THEY HAVE, BUT THE FACT OF THE MATTER IS THEY NEED SOME GROUND BETWEEN THE DRIVEWAY AND, AND, AND THE PROPERTY LINE IN ORDER FOR WATER TO RUN OFF, NOT TO TO BE A PROBLEM.
UH, THE DRIVEWAY WAS WIDENED FROM ITS ORIGINAL ILLEGAL STATUS AND IT WAS ALSO LENGTHENED.
SO, SO REMOVING AS MUCH OF THAT DRIVEWAY RIGHT NOW, YOU CAN SEE ON, ON HIS PHOTOGRAPHS, THERE IS LAWN BETWEEN THE DRIVEWAY, THE RIGHT SIDE OF THE DRIVEWAY GOING TO THE BACK AND THE HOUSE.
THERE'S NO REASON THAT DRIVEWAY CAN'T BE MOVED OVER CLOSER TO THE HOUSE AGAIN.
AND THAT'S WHY I'M JUST ASKING THE QUESTIONS, WHAT WOULD BE ACCEPTABLE TO THE NEIGHBORS THAT WOULD BRING IT, IT'S WHAT'S ACCEPTABLE TO THE BUILDING DEPARTMENT THAT, THAT THAT CONSTITUTE THIS.
WHAT WHAT WE'RE LOOKING FOR IS WE'RE LOOKING FOR, FOR THE PART OF THE DRIVEWAY TO BE MOVED OVER SO WE DON'T HAVE TO DEAL WITH THIS WELL AS PART OF, SO IS IT MORE THAT, UM, LIKE A MOVING LANE OF TRAFFIC ON A ROADWAY IS NINE FEET WIDE.
SO YOU'RE LOOKING FOR SOMETHING MORE LIKE A NINE FOOT WIDE DRIVEWAY? THAT'S THAT'S WHAT WE'RE TALKING THAT THAT IS CORRECT.
AND THEN MOVING THAT DRIVEWAY CLOSER TO THE HOUSE THAT IS CORRECT.
IS WHAT YOU'RE REQUESTING THAT IS CORRECT.
AND ADDING, ADDING, THAT'S CORRECT.
A DRY DRAINAGE AND GRADING OR WHATEVER ELSE.
DOES PART OF, I'M GONNA ASK THIS IS FOR THE APPLICANT, BUT DOES PART OF YOUR RENOVATION INCLUDE REDOING THE DRIVEWAY AND YOU'RE NOT RESURFACING THE DRIVEWAY? WE'RE GONNA GIVE HIM AWAY WHAT WANTS NO, I MEAN, YOUR OWN DRIVEWAY.
ARE YOU PLANNING ANY KIND OF IMPROVEMENTS TO THE DRAINAGE? REPAID IT? PARDON? REP RETAIN IT AND, AND YOUR, THE OVERALL CONSTRUCTION IN THE HOUSE? YEAH.
YOU'RE GONNA HAVE, UM, CERTAIN, UM, YOU KNOW, STORM WATER PROTOCOLS.
MAYBE YOUR ARCHITECT CAN CHIME IN ON THIS ABOUT HE ON HE ON.
THE EXISTING DRIVEWAY PREDATES 2004.
THE EXISTING DRIVEWAY PREDATES 2004.
IF THERE'S NO ALTERATIONS PERFORM TO THAT DRIVEWAY, THEY ARE NOT MANDATED UNDER THE TOWN CODE TO INSTALL ANY DRY WELLS.
BUT, BUT THERE WERE, THERE WERE, UH, CHANGES TO THE DRIVEWAY AS SHOWN IN THOSE PICTURES.
SO EVEN IF THERE WERE CHANGES TO THE DRIVEWAY, NOTHING WAS EVER REPORTED TO THE BUILDING DEPARTMENT.
AND SO WE HAVE NO RECORD OF ANYTHING BEING IN THAT.
SO RIGHT NOW, AS IT STANDS, THE BUILDING DEPARTMENT CAN ONLY LOOK AT THE RECORDS BEFORE IT, THE RECORDS BEFORE IT, OR THE COURT REQUEST TO LEGALIZE A DRIVEWAY THAT APPEARS TO HAVE BEEN THERE SINCE AT LEAST THE 1960S AND THEREAFTER.
SO, BA BASED ON THAT AND BASED ON, UM, MR. SPIN'S TESTIMONY AND YOUR OWN, YOU CAN ASCERTAIN THAT IT'S BEEN THERE SINCE AT LEAST 1975.
THAT'S WHAT YOU WERE JUST SAYING.
WE, WE, WE CAN, SO WE CAN ASCERTAIN THAT THE ORIGINAL DRIVEWAY FROM 1963, WHICH HAS BEEN ADDED TO SINCE THEN, NOBODY'S CONTESTING THAT.
I'M JUST SAYING THAT THE RECORDS IN THE BUILDING DEPARTMENT CAN ONLY BE VIEWED BASED ON WHAT WE HAVE IN OUR RECORD.
WE HAVE AN APPLICA APPLICATION THAT IN 1962 THERE WAS A GARAGE THAT WAS BUILT.
THERE WAS NO DRIVEWAY SHOWN THAT WAS BROUGHT TO OUR ATTENTION.
WHEN THE NEIGHBOR AT 21 PRIMROSE BROUGHT IT TO OUR ATTENTION THAT THEY HAD AN ISSUE WITH THE DRIVEWAY POTENTIALLY BEING ON THEIR PROPERTY AND THEY NO LONGER HAD PLACE TO PUT THEIR SNOW.
WE WENT OUT, WE SAW THAT THERE WAS A DRIVEWAY THERE.
GRANTED IT WAS OLD, WE ISSUED A VIOLATION NOTICE.
AND THAT'S WHY THE APPLICANTS ARE HERE TODAY.
UM, YOU KNOW, THERE'S BEEN, AND YOU KNOW, YOU HAD WRITTEN A LETTER, UM, THAT STATED THAT WE'VE BEEN GIVEN PREFERENTIAL TREATMENT TO THE APPLICANTS.
AND I JUST WANT, I DID NOT SAY THAT.
[00:50:01]
THAT THE APPLICANT TOLD ME POINT BLANK THAT HE HAD CONNECTIONS WITH THE BUILDING DEPARTMENT.SO LET, I WOULD LIKE, THAT'S WHAT I, I WOULD LIKE TO ADDRESS THAT.
SO CURRENTLY THE BUILDING DEPARTMENT HAS BEEN DEALING WITH THE APPLICANTS AND MR. STERN.
MR. STERN HAS HAD PREVIOUS COMPLAINTS AND SUMMONSES ISSUED FOR FAILURE TO MAINTAIN HIS PROPERTY.
THESE APPLICANTS CAME IN ON SEPTEMBER 13TH, 2024 TO SEEK A PERMIT AFTER THREE ROUNDS OF REVISIONS WITH THEIR ARCHITECT, UH, MR. BUSTAMANTE, THE PLANS WERE PERFECTED AND THEY WERE ISSUED A VALID BUILDING PERMIT ON OCTOBER 16TH, 2024.
THERE HAS BEEN NO PREFERENTIAL TREATMENT WITH THIS APPLICANT NOR ANY OTHER APPLICANT THAT IS FILED WITH THE TOWN OF GREENBURG.
THEY HAVE CONTACTED US WHEN THEY'VE HAD TO SEEK REMEDIES AND OUR ASSISTANCE, BUT SHORT OF THAT, THERE IS NO SPECIAL CONNECTION.
THE, UM, YOU SAID THEY HAVE NO ELECTRICAL PERMIT.
THEY DO HAVE AN ELECTRICAL PERMIT.
I SAID THAT THERE IS NO PERMIT POSTED AND THAT'S REQUIRED.
THERE IS NOTHING IN THE TOWN CODE THAT REQUIRES A POSTING.
ALL PERMITS ARE SUPPOSED TO BE POSTED.
THERE'S NOTHING IN THE TOWN CODE THAT REQUIRES IT.
IT'S SOMETHING THAT'S A POLICY OF THE BUILDING DEPARTMENT.
BUT NONETHELESS, THIS IS GETTING AWAY FROM WHAT WE'RE LOOKING TO DO WITH, UM, THIS APPLICATION THAT'S BEFORE THE BOARD.
UM, THAT YOU ALSO STATED THAT THE REAR YARD REQUIRES A USE VARIANCE.
IS IT A PARKING LOT? IT IT IS NOT A PARKING LOT.
IT GOES PAST THE HOUSE AND IT'S 700 SQUARE FEET.
THE CODE, THE CODE SPECIFICALLY SAYS UNDER 2 85, 38 B, THAT A DRIVEWAY CAN EXTEND INTO THE REAR YARD AND HAS TO BE THE MINIMUM 12 FEET.
WHICH THIS, UM, EXISTING DRIVEWAY DOES THE APPLICANTS HAVE OFFERED TO REMOVE THAT OFFENDING PORTION TO AMELIORATE YOUR CONCERNS, WHICH IS WONDERFUL.
WHAT THAT CAN I ASK? SO THE, THE DRY WELLS AND YOU KNOW, THE LOCATION TO THE DRIVEWAY.
THIS IS AN EXISTING CONDITION THAT HAS BEEN IN EXISTENCE SINCE TWO, PRE 2004 BECAUSE THAT LAW WAS NOT PUT IN PLACE UNTIL AFTER 20 2004.
THERE'S NOTHING THAT WE CAN DO ABOUT THAT.
CAN I ASK A QUESTION? IF SOMEBODY CAME TO YOU RIGHT NOW AND THEY WANTED
LIKE THEIRS IS RIGHT NOW ON THE MIC.
IF, IF THEY CAME TO YOUR ZONING BOARD RIGHT NOW AND ASKED TO PUT A DRIVEWAY NEXT TO A DRIVEWAY LIKE THIS, IT'S CONNECTED, WOULD YOU APPROVE IT? THAT WOULD HAVE TO GO BEFORE THE BOARD.
WOULD YOU APPROVE THAT? WOULD YOU APPROVE CONCRETE TO CONCRETE LIKE THIS IS, I MEAN, WE HAVE, I'LL BE PERFECTLY HONEST,
ALL THAT WATER GETS PITCHED THERE, YOU WOULD APPROVE THAT RIGHT NOW THAT IF SOMEBODY CAME TO YOU, WOULD WE GIVE IT GRANT A VARIANCE FOR THAT? IT WOULD DEPEND ON THE SITUATION.
I DON'T, I CAN'T SAY YOU DON'T THINK THAT'S A DISASTER FOR WATER TO COME PULLING INTO THEIR DRIVEWAY? YOU KNOW WHAT, MA'AM? WATER POOLS INTO MY DRIVEWAY TOO.
EVERY SINGLE I LIVE IN 52 YEARS, I LIVE AROUND THERE TOO.
EVERY SINGLE GRASS HAS GRASS ON BOTH SIDES.
HE JUST TOLD YOU THEY NO ARGUE WITH YOU.
I'M GOING UP AND DOWN THE NEIGHBORHOOD.
BUT AGAIN, RIGHT, BUT DO YOU SEE THE WAY THESE DRIVEWAYS ARE CONTIGUOUS, IT'S GRASS.
I THINK FOR THE PURPOSE OF THE SONOGRAPHER, WE HAVE TO HAVE ALL, WE WON'T, WE WON'T
SO THE, THE QUESTION IS, WOULD THAT THAT REQUIRE A VARIANCE? ALL DRIVEWAYS IN THE DISTRICT REQUIRE THE SETBACK.
IF SOMEBODY WOULD COME IN TODAY, WE WOULD DENY IT AND THEY WOULD BE BEFORE THE BOARD.
AND IF IT WAS A NEW DRIVEWAY, THEY WOULD BE REQUIRED UNDER TODAY'S CODE BECAUSE IT'S AFTER 2004 TO SEEK A STORMWATER PERMIT IF IT'S OVER 500 SQUARE FEET.
ANYONE ELSE OUT THERE BEFORE WE GET TO YOUR ARCHITECT? YES.
MY NAME IS LINDA KOCH AND I'VE LIVED AT THIS PROPERTY ACROSS THE STREET FROM THIS PLACE.
FIRST OF ALL, I HAVE A SINGLE DRIVEWAY, 20, YOU CAN LOOK IT UP.
I'VE HAD THE PLEASURE OF LIVING IN THIS WONDERFUL NEIGHBORHOOD FOR 64 YEARS.
SO I THINK I'M THE OLDEST OF THE GROUP AS FAR AS TIME-WISE.
UM, OF COURSE I WAS A CHILD, BUT NOW I OWN THE PROPERTY.
I'M A, I AM OPPOSED TO ALLOWING THIS VARIANCE.
THIS PROPERTY HAS BEEN A CANKER SOAR SINCE IT'S BEEN AROUND.
UM, MY FATHER WHO WAS AN ATTORNEY OPPOSED UM, GERALD CHEIN FROM BUILDING ON THAT SECOND STORY.
THEY LAUGHED BECAUSE HE BUILT THE POST OFFICE AND HE SAID, OH,
[00:55:01]
DON'T WORRY LESTER, THAT WAS MY DAD.THEN THE DRIVEWAY WAS ADDED, THEN MORE OF THE DRIVEWAY WAS ADDED.
THEN MY MOM HAD TO TAKE IN TOM STERN'S MAIL BECAUSE MY MOM WAS A GREAT NEIGHBOR.
HE WAS A VACANT OWNER AND SHE CONSTANTLY TOLD HIM THE PROPERTY IS NOT BEING MAINTAINED.
WHEN MY MOM GOT OLDER, WE, MY SISTER AND I, WHO LIVES IN MADISON, WISCONSIN AND I LIVED IN CALIFORNIA FOR 42 YEARS, TRIED TO COMMUNICATE WITH HIM AND TELL HIM IT'S NOT APPROPRIATE TO HAVE MY MOTHER HANDLE HIS MAIL AND OTHER THINGS.
I THINK AS A COMMUNITY WE HAVE ALL BEEN VERY GRACIOUS, UM, JUST AS THE TOWN HAS TO EXTEND SO MUCH COURTESIES TO MR. STERN TO ALLOW HIM NOT TO PAY HIS TAXES, TO DO ALL SORTS OF THINGS THAT WEREN'T APPROPRIATE.
BUT MY FAMILY FOR 64 AND A HALF YEARS, PAID THE TAXES ON TIME AND DID EVERYTHING ACCORDINGLY.
WE HAVE A ONE CAR GARAGE, WE HAVE TWO CARS IN THE DRIVEWAY.
IF THE NEW POTENTIAL RESONANCE PLAN ON HAVING FOUR TO EIGHT CARS, THAT IS NOT APPROPRIATE.
NO ONE ON OUR BLOCK DOES THAT.
WE'RE VERY RESPECTFUL AND I APPRECIATE THAT YOU NOW DON'T PARK RIGHT IN FRONT OF OUR, MY DRIVEWAY, BUT WE'RE ALL VERY RESPECTFUL OF OUR NEIGHBORS.
WE REALLY WANT THE NEIGHBORHOOD TO MAINTAIN.
I WOULDN'T HAVE LOVED THIS NEIGHBORHOOD FOR ALL THESE YEARS IF PEOPLE WEREN'T COURTEOUS AND KIND.
AND DUE TO CLIMATE CHANGE, WHEN THERE'S PRECIPITATION AND RAINFALL, I HAVE WITNESSED THIS GRAVITATIONAL FLOW OF RAINWATER GOING DIRECTLY FROM, UM, AM I A PROBLEM? MISS CONNECT FOR SAYING ANYTHING? OH, SORRY.
I DIDN'T KNOW IF I WAS, YOU WERE, IF I WAS INTERRUPTING YOU OR ANYTHING.
WELL, DUE TO THE CLIMATE CHANGE, I KNOW THAT THE PRECIPITATION, WHEN THERE IS RAINFALL AND SNOW, I'VE WITNESSED FROM THE LIVING ROOM AND FROM OUR FRONT WINDOWS, WE HAVE WITNESSED A DELUGE OF WATER BEING PUSHED OFF OF PROPERTIES AND INADVERTENTLY I'VE SEEN IT GOING INTO, UM, 21 PRIMROSE FROM 19.
IT'S JUST EASY TO SEE FROM OUR HOUSE.
WE'RE DIRECTLY ACROSS THE STREET FROM BOTH PROPERTIES.
SO WHEN THERE ARE TORRENTS OF RAIN FLOWING FROM THE CURB AND SIDE DRIVEWAY FROM THAT PROPERTY, IT IS, I CAN SEE HOW THAT WOULD BE A PROBLEM FOR THE SPINS.
AND I DON'T THINK THEY SHOULD INCUR THE PROBLEM BECAUSE IT WAS NOT PROPERLY BUILT.
AND IT JURY SHINE ALWAYS LAUGHED ABOUT, OH, DON'T WORRY, YOU KNOW, YOU DON'T HAVE TO DEAL WITH IT.
WELL OF COURSE WE DIDN'T HAVE TO DEAL WITH IT.
WE JUST HAD TO LOOK AT THE PROPERTY, BUT IT WASN'T FAIR TO THE NEIGHBORS EVEN BEFORE THE AZIS CAME.
AND BOTH MY WIFE SUSAN BURKHART AND I STRONGLY ARE AGAINST THE VARIANCE REQUEST BECAUSE WE REALLY THINK THAT THE PROPERTY SHOULD BE AS IT WAS ORIGINALLY INTENDED.
I UNDERSTAND THAT AS YOU HAD SAID, THE BUILDING INSPECTOR MA'AM, THAT NO ONE RAISED AN ISSUE.
WE ARE RESPECTFUL OF ONE ANOTHER.
SO YOU DON'T PARK IN ONE AREA OR ANOTHER.
THE AZIS ARE THE IDEAL GENTLE FAMILY.
SO THEY TRIED TO WORK WITH TOM STERN, WHO WAS NOT NECESSARILY THE BEST OF NEIGHBORS.
HE LIVED IN EUROPE FOR A WHILE.
STEWART ZAMAN TOOK CARE OF HIS PROPERTY WHEN, WHEN HE WAS AWAY.
BUT THEY'RE NOT GONNA CALL THE POLICE AND SAY, LOOK, THERE IS A PROBLEM NEXT DOOR UNTIL THE FIRE DEPARTMENT, THERE WAS A FIRE AND THEY HAD TO DEAL WITH THAT.
SO I THINK WE SHOULD ALL BE RESPECTFUL OF THE PEOPLE WHO HAVE BEEN RESIDENTS FOR A LONG TIME.
IF YOU'RE GONNA BE A GREAT NEIGHBOR, WONDERFUL, WE WELCOME YOU.
WE'VE OPEN ARMS, WE'D LIKE THAT.
BUT WE WOULD LIKE ALSO TO UNDERSTAND THE HISTORY OF THE PROPERTY.
AND WITH ALL DUE RESPECT, JERRY SHINE WAS, WAS A GUY WHO HE DID SOMETHING AND ASKED LATER FOR PERMISSION.
SO, UM, I JUST WOULD LIKE THAT TO BE CONSIDERED AS A COURTESY FOR THE NEIGHBORHOOD.
BEFORE, BEFORE YOU SIT DOWN, UM, YOU MENTIONED THAT YOU'VE BEEN IN THE NEIGHBORHOOD FOR 64 YEARS AND THIS PROPERTY, IT SEEMS LIKE IT DIDN'T DECLINE, UM, IMMEDIATELY.
[01:00:01]
IT'S BEEN DECLINING FOR THE LAST 25 YEARS.SO FOR THE LAST 25 YEARS, DID ANYONE IN YOUR COMMUNITY MAKE, UM, A FORMAL COMPLAINT ABOUT THE NEGLIGENCE OF THIS PROPERTY? OF COURSE, OF COURSE.
AND IT HAS NOT BEEN HEATED AND THE SUPERVISOR KNOWS ABOUT THE PROBLEM.
SO IT SEEM TO ME THAT NOW THAT YOU HAVE SOMEONE WHO IS PURCHASING THE PROPERTY AND WANTS TO BUILD ON THE PROPERTY AND IMPROVE THE PROPERTY, BECAUSE FOR 25 YEARS THIS PROPERTY WAS NEGLECTED.
IT MEANT THAT EVERYONE'S PROPERTY IN THAT COMMUNITY, THE VALUE WAS DEVALUED.
SO NOW I PAID THREE, I PAID, PARDON ME, I PAID ALMOST $750,000, UH, LAST YEAR TO MY, TO THE ESTATE.
IT'S NOT BASED ON OTHER PROPERTIES, IT'S BASED ON THAT PROPERTY.
I'M NOT COMPARING IT ALL BECAUSE I DON'T, THAT'S ALL I'M TRYING TO SAY IS THAT NOW THAT SOMEONE IS TAKING CARE OF THE PROPERTY OR TRYING TO MAKE IMPROVEMENTS TO THE PROPERTY, I THINK THAT'S NIFTY.
I THINK THAT'S A WONDERFUL THING.
THAT'S, AS WE SAY IN YIDDISH, MATIA A A GOOD DEED, A MITZVAH.
BUT WHAT I DO HAVE A PROBLEM WITH IS THAT IF THE RUNOFF AFFECTS THE OWNERS NEXT TO YOU, THAT NEXT TO THE POTENTIAL CADO FAMILY, THEN THAT SHOULD BE ADDRESSED.
AND EVEN AN ENVIRONMENTAL FEASIBILITY STUDY, SOMETHING NEEDS TO BE DONE IN ORDER TO MAKE THEM WHOLE.
RIGHT NOW, THEY'VE BEEN DEALING WITH THIS FOR MANY YEARS AND THEY'VE TRIED TO REACH OUT TO TOM STERN.
HE'S NOT NECESSARILY THE BEST COMMUNICATOR AND WHATEVER THE REASON IS, IT JUST SHOULD BE MA THESE PEOPLE WHO HAVE PAID TAXES AS HAVE MY, AS MY FAMILY, AND I, WE SHOULD BE ABLE TO BE MADE WHOLE AND KEEP IT.
IF THEY'RE DOING A NICE JOB, GREAT, THEY DON'T NEED, THEN IF THEIR FRONT, UM, GARAGE ISN'T GONNA BE USED AS A GARAGE, THEN THEY DON'T NEED THE DRIVEWAY IN THE FRONT, THEN IT SHOULD JUST BE ON THE SIDE.
BUT THEY SHOULD PUT DRAINAGE AND PERMEABLE MATERIAL THAT, UH, STEWART SAID WHATEVER IS REQUIRED.
NOT JUST THAT IT, OKAY, I HAVE RAIN OFF, SO EVERYONE ELSE SHOULD HAVE RAIN OFF.
I'M SORRY YOU'RE HAVING RAIN OFF, UH, RAIN, RAIN THAT PUDDLES IN YOUR DRIVEWAY, BUT WHEN IT'S GOING INTO THE HOUSE OF THE OTHER HOMEOWNER, THAT'S NOT RIGHT.
JUST AS A, A FOLLOW UP TO, I THINK THE BOTH OF YOU HAVE BOTH SAID, YOU KNOW, YES, THE CODOS ARE GOING TO TAKE THIS EYESORE INTO A NICE HOME.
AND YOU'RE SAYING GREAT, BUT IT'S THE DRIVEWAY.
THAT'S, THAT'S ALL WE'RE TALKING ABOUT IS DRIVEWAY.
AND THAT'S ALL THAT'S REALLY IN FRONT OF US.
SO WHAT I'M, AND WHAT WE SAID BEFORE IS WE TRY TO FIGURE OUT WAYS TO COME UP WITH A SOLUTION THAT MOST PEOPLE ARE HAPPY WITH.
IS THERE A WAY THAT YOU CAN ALL TALK TO ONE ANOTHER, AND EVERYBODY, YOU KNOW, MAYBE THINK ABOUT MANY OF THE SOLUTIONS THAT THEY HAVE BROUGHT FORWARD AND WORK TOGETHER TO COME UP WITH A PRESENTATION YOU CAN ALL LIVE WITH.
BUT I DON'T LIKE SOMEONE THREATENING A NEIGHBOR.
WITH A BOTTLE THE PAST, WE'VE GOTTA GET PAST WITH.
BUT I'M VERY PROTECTIVE OF PEOPLE WHO I LOVE.
AND THIS NEIGHBORHOOD IS A GREAT COMMUNITY.
SO IF SOMEONE SAYS THEY NEED TO BE PUNCHED OUT, THAT'S UN THAT'S NOT APPROPRIATE.
UM, THE ISSUE IS, UH, THE BEST WAY TO HANDLE THIS WOULD BE IF YOU COULD COME UP WITH SOME AGREEMENT TOGETHER AND COME BACK TO US WITH SOMETHING LIKE THAT.
IF YOU ARE WILLING TO MOVE THE DRIVEWAY, MAKE IT NARROWER, PUT IN DRAINAGE, MAYBE THEY'D SAY GREAT.
YOU KNOW, YOU'RE GONNA HAVE TO LIVE WITH EACH OTHER FOR A LONG TIME, HOPEFULLY, UM, ON EVERYBODY'S CASE.
AND WOULDN'T IT BE BETTER TO GET THIS OFF TO A GOOD START? ABSOLUTELY.
NOT, I'M NOT OFFERING, BUT THERE MAY BE A WAY THAT THE TOWN CAN HELP FACILITATE THIS CONVERSATION.
I CAN'T SPEAK FOR ANYBODY IN THE TOWN GOVERNMENT, BUT I'M JUST SAYING MAYBE THERE'S A WAY TO WORK THIS OUT.
DO YOU STILL THINK YOU'RE ARCHITECT, ARCHITECT NEEDS TO, NEEDS TO SPEAK? YES, I WOULD.
[01:05:01]
ALL RIGHT.VOLUME, SIR? CAN YOU HEAR ME NOW? HOLD ON.
CAN YOU HEAR ME? WE, WE HEAR YOU, BUT WE CAN'T HEAR YOU DISTINCTLY.
LET ME SEE IF I CAN RAISE THE VOLUME UP.
UM, HOW'S THAT? CAN YOU HEAR ME NOW? IT'S A LITTLE BETTER.
KEEP IN MIND WE ARE IN A, A ROOM, A LARGE ROOM HERE.
HOW'S THAT? THAT'S MUCH BETTER.
ALRIGHT, SO, YOU KNOW, I'VE HEARD ALL THE ARGUMENTS AND I UNDERSTAND THE PROBLEM.
YOU KNOW, UNFORTUNATELY, UH, IT WAS GRANDFATHERED IN WHEN IT WAS BUILT AND NOBODY CAUGHT IT BACK THEN.
SO THE QUESTION IS HOW DO WE REMEDY? AND I THINK, YOU KNOW, THE LAST SOLUTION THAT YOU CAME UP WITH WAS PROBABLY THE BEST.
IF THERE'S A WAY TO MAKE EVERYBODY HAPPY, EVEN THOUGH IT MIGHT BE A LITTLE MORE MONEY FOR THE CATOS, YOU KNOW, I THINK THAT'S THE MOST FAVORABLE WAY TO TAKE CARE OF THIS.
I MEAN, I DON'T THINK THEY WERE INTENDED TO DO ANYTHING BECAUSE, YOU KNOW, THEY DIDN'T REALIZE IT WAS SUCH AN ISSUE WITH THE DRAINAGE.
BUT AGAIN, IT'S BEEN HAPPENING FOR 25 YEARS.
SO, YOU KNOW, NOW THAT IT'S, THEY, THEY'VE BOUGHT THE HOUSE, ALL OF A SUDDEN ALL THESE PROBLEMS HAVE COME UP TO THE ROOF.
SO, YOU KNOW, WOULD'VE TO TALK TO THEM IF THEY'RE WILLING TO TAKE ON THAT AND PUT SOME DRAINAGE AND MOVE SOME OF THE MCCADA AWAY FROM THE PROPERTY TO MAKE IT EASIER FOR EVERYBODY.
YOU KNOW, THAT'S, I THINK THE BEST SOLUTION.
AND AGAIN, I WOULD HAVE TO DEFER TO THEM TO SEE IF THEY WANT TO GO AHEAD AND DO THAT.
UM, ON MAY 2ND, THIS BEAUTIFUL NEIGHBORHOOD WE DRIVING AND SEEING OUR HOUSE THAT WE JUST BOUGHT, WE GET STOPPED IN THE MIDDLE OF THE ROAD BY MR. SEAMAN.
AND HE'S SCREAMING AT US SAYING, WHAT YOU DOING IN THE HOUSE? DID YOU BUY THE HOUSE? LET ME SEE THE DEED.
UM, YOU KNOW, SO WE'VE BEEN GETTING HARASSED, BULLIED, DISCRIMINATED AGAINST.
WE WENT TO EVERY SINGLE DEPARTMENT, THIS BEAUTIFUL NEIGHBORHOOD THAT WE WANNA LIVE IN.
MY DAUGHTER'S SCARED OF HER SAFETY FOR PEOPLE COMING INTO OUR HOUSE SCREAMING AT US DRUNK.
WHO ARE YOU? WHAT ARE YOU DOING HERE? UM, WE CAN'T SHARE WHAT WE WANT, WHAT WE LIKE THIS BEAUTIFUL NEIGHBORHOOD WE GOT.
WE GOT AN, WE GOT A VOICE CALL.
YOU'LL WANNA SEE HOW HYSTERICAL IT IS.
WE GOT EVIDENCE OF MR. BLAZE SCREAMING AT US SAYING, I'M GONNA GO ALL THE WAY TO THE SUPREME COURT IF YOU DON'T REMOVE THAT DRIVEWAY.
AND HIS LOVELY WIFE IS IN THE BACKGROUND SAYING, WHERE AM I GONNA PUT MY SNOW? HIS LOVELY NEIGHBORHOOD.
WHICH I BELIEVE IT IS A LOVELY NEIGHBORHOOD.
UM, BUT THE BEAUTY OF IT IS, IS THAT WHEN WE CAME, WE CAME IN PEACE.
THE HOUSE IS A BEAUTIFUL HOME.
UM, IT, THEY GAVE US A YEAR BLAS, NOT 90 DAYS TO REPLACE THE TREES, WHICH WE ARE IS GONNA BE A BEAUTIFUL PROPERTY, FLOWERS, EVERYTHING'S GONNA BE SO GORGEOUS.
SO WE WANNA WORK WITH THE NEIGHBORHOOD, BUT IF THIS IS GONNA COST US A LOT OF MONEY, WE DON'T KNOW IF IT'S GONNA DO.
UM, WE BOUGHT THIS HOME RIGHT? WHEN I'M ASKING YOU TO TELL US NOW YEAH.
WHAT YOU THINK YOU COULD POSSIBLY DO.
WE'VE HEARD WHAT THE PROBLEMS ARE, WE'VE HEARD WHAT THE PROBLEMS ARE AND, BUT WHEN I CAME UP HERE, I DIDN'T DEFINE ANYBODY'S CHARACTER.
I'VE BEEN TO THE POLICE PRECINCT THREE TIMES.
I WENT TO THE DISCRIM, UH, THE, THE, THE, THE GOVERNMENT TO FILE DISCRIMINATORY AGAINST THIS NEIGHBORHOOD.
I'M, I'M HERE BECAUSE OF THE DRIVEWAY.
NOW THEY ARE DEFYING OUR CHARACTER, WHICH IS REALLY SAD 'CAUSE IT'S SUCH A LOVELY NEIGHBORHOOD.
SO THAT, I APOLOGIZE ON OUR BEHALF.
BUT REALLY WHAT'S BEFORE US RIGHT NOW? MM-HMM?
[01:10:01]
BY THE TOWN, THERE ARE DEFICIENCIES IF WE WERE TO TOUCH THE DRIVEWAY.BUT I THINK THERE ARE SOME OTHER REMEDIES THAT MAY BE MORE SUITABLE.
AND THAT'S SOMETHING THAT WE WOULD DISCUSS WITH YOU AT AND THEN RE-PROPOSE THAT TO US AS WELL.
SO I JUST WANT TO LET EVERYBODY KNOW THE MINIMUM SIZE WIDTH OF A DRIVEWAY IN THE TOWN OF GREENBERG 'CAUSE EIGHT FEET.
SO THE, THE MINIMUM SIZE IS EIGHT.
SO WHEN, UM, YOUR ARCHITECT IS LOOKING, IF YOU CHOOSE TO, TO DO THAT, YOU JUST HAVE TO STAY WITHIN THAT PARAMETER.
YOU CAN'T GO BELOW EIGHT AND GONNA GO ABOVE 15.
ANYBODY HAVE A GREAT EVENING? WE'RE, WE'RE NOT FINISHED, OBVIOUSLY.
I, I HAVE A QUESTION FOR THE ARCHITECT.
CAESAR ARE ARE YOU STILL THERE? YEAH, HE'S THERE.
HAVE YOU PREPARED AN ELEVATION FOR THE FRONT? YOU SAY YOU ARE GOING TO, UM, CONVERT THAT FRONT GARAGE INTO SOME OTHER TYPE OF LIVING SPACE.
WHAT DOES THAT, WHAT IS THAT GONNA LOOK LIKE ON THE OUTSIDE? DO YOU HAVE AN ELEVATION? UM, NO I DON'T.
BUT IT TYPICALLY IS THE GARAGE ALL TYPICALLY I WAS GONNA BE LEFT AS STORAGE AND IN THE BACK OF THE GARAGE IT'S GONNA BE A LAUNDRY ROOM AND A HALF BATH FOR THE KITCHEN.
ARE YOU GONNA KEEP THE GARAGE DOOR? YES.
THAT WAS, THAT WAS NOT PROPOSAL.
WE WERE GONNA KEEP THE GARAGE DOOR.
SO THE CHANGE TO THE
SO I MAKE IT LOOK LIKE THE REST OF THE HOUSE.
I, IT'S UP TO THE BOARD WHETHER THEY WANT TO SEE AN ELEVATION.
BUT THAT HAS NOTHING TO DO WITH THE DRIVER, CORRECT? WELL, WELL IT DOES IN, IN US TRYING TO FIGURE OUT IF WE COULD HELP RIGHT.
COME UP WITH SOMETHING THAT IS FEASIBLE.
AND AGAIN, IT, IT WOULD BE PART OF OUR CLAUSE IN TERMS OF THE CHARACTER OF THE NEIGHBORHOOD.
AND THE NEXT CASE TONIGHT IS CASE 24 32 OLIVA, 2 79 JACKSON AVENUE.
CAN YOU, IT'S HARD TO HAVE EVERYTHING UP HERE.
ARE YOU ABLE TO SHARE ON THAT? IS THERE ANYONE ELSE HERE MEET YOU OR, OR ON THE, UH, AND THE COMMUNITY THAT WANTS TO SPEAK TO ADDRESS THIS PROJECT OTHER THAN THE APPLICANT? THE ONLY REASON I'M SAYING THIS IS BECAUSE THE ONLY REASON I'M SAYING THIS IS BECAUSE THE, UM, APPLICANT WAS GIVEN SOME INFORMATION TODAY THAT THEY DID NOT HAVE RE PRE PREVIOUSLY.
SO IF THERE WAS SOMEONE WHO WANTED TO ADDRESS ANY ISSUES AT THIS POINT, I WANTED TO FIND OUT IF THEY WERE HERE OR NOT.
UH, IF NOT, I WOULD ASK THE APPLICANT IF THEY ARE WILLING PERHAPS, TO ALLOW US TO PUT THIS OVER UNTIL WE GET EVERYTHING THAT, UH, HAS BEEN PROVIDED TO YOU TODAY.
UM, SO THAT WE CAN, WE CAN THEN KNOW EXACTLY WHAT IT IS THAT YOU CAN OR WISH TO DO OR WISH TO MAKE ANY CHANGES WITH REGARD TO, UM, WHAT WE HAVE IN THE A IN THE NOTICE FOR TONIGHT, THAT MIGHT CHANGE BASED UPON WHAT YOU RECEIVED TODAY.
WELL, I'D HAVE TO CONFER WITH MY CLIENT, FIRST OF ALL, I JUST WANNA INTRODUCE MYSELF AND WHO'S HERE TONIGHT SO THAT CERTAINLY WE KNOW.
UH, MY NAME IS BILL SCHNEIDER AND I'M WITH PSNS ENGINEERING.
[01:15:01]
I'M A PROFESSIONAL ENGINEER.WE'RE FROM YONKERS, NEW YORK AT ONE LARKIN PLAZA.
AND WITH ME TONIGHT IS LAUREN FINNEGAN, AND SHE'S ALSO AN ENGINEER WITH OUR, UH, WITH OUR COMPANY ON THE LINE, I HAVE ONE OF OUR CHIEF DESIGNERS, TROY BERINGER, WHO'S ALSO AVAILABLE SHOULD HE NEED TO BE, UH, CONSULTED ALSO WITH ME ARE THE OLIVIAS THE OWNERS OF THE PROPERTY, SO THAT YOU KNOW EVERYONE THAT IS HERE.
UM, AND IF I UNDERSTAND YOU CORRECTLY, YOU'RE ASKING IF WE WOULD OBJECT TO THE, UH, TO THE HEARING BEING PUT OVER? I WOULD CERTAINLY HAVE NO OBJECTION, BUT IT IS UP TO, UM, IT IS UP TO MY CLIENT.
SO IF YOU ALLOW ME ONE SECOND TO CONFIRM, I'LL DO THAT.
LET ME JUST ASK, DID YOU RECEIVE THE MEMO THAT YOU WOULD REQUIRE A A FOURTH VARIANCE? I DID NOT.
THAT'S WHAT, THERE'S AN ADDITIONAL VARIANCE SO THAT THE, THE BOARD WOULD NOT BE IN A POSITION TONIGHT TO DECIDE THE CASE BECAUSE THE EXTRA, THE ADDITIONAL VARIANCE HAS TO BE LEGALLY NOTICED.
AND WE WOULD LIKE TO TAKE A LOOK AT THAT AND, UH, EVALUATE IT.
MAYBE THERE'S A WAY TO, UH, TO REDUCE IT, UH, TO SOMETHING MINIMUM OR MAYBE ELIMINATE IT IN TOTAL.
BUT WE'D LIKE TO LOOK AT IT SO THAT WE CAN AT LEAST, UH, EVALUATE.
WELL, I'M, YOU WOULD, SO, UH, IN THAT, I WOULD SUGGEST THAT WE DO ADJOURN IT TO A LATER DATE AND WE WOULD APPRECIATE THAT.
AND, UH, I APPRECIATE YOU BRINGING THAT UP.
WELL, IT WAS BROUGHT TO US TONIGHT,
AND WE THOUGHT BETTER THAT RATHER THAN YOU PUT ON THIS GREAT PROPOSAL AND THEN WE HAVE TO SAY, WELL, I WAS ABOUT TO, IT'S A VERY INTERESTING PROJECT, ESPECIALLY AFTER THE LAST ONE.
UH, IT'S THE KIND OF THING YOU DON'T SEE VERY OFTEN WITH PROPERTY THAT SPANS TWO CI A CITY AND A TOWN.
SO IT'S KIND OF INTERESTING AND, UH, YEAH, WE'VE HAD IT BEFORE AND THERE'S A LITTLE STORY BEHIND IT, BUT WE'LL GET THAT TO THAT NEXT TIME.
WELL THANK YOU VERY MUCH FOR SEEING US.
ALRIGHT, I, LET'S SEE, IS THERE ANYTHING ELSE YOU WANTED TO PUT? GARRETT, DO YOU HAVE GARRETT, DO YOU HAVE A COPY OF THAT MEMO? YES.
YEAH, GARRETT, UH, I WOULD DEFER TO KERA, UH, IF YOU'RE SAYING A MEMO WAS GENERATED BY THE BUILDING DEPARTMENT TODAY, I DID KERA RECEIVE THAT? IT WAS DIRECTED TO MATT BRITTON.
UM, IF I WAS, WE NEED TO GET THAT TO YOU.
PRINT OUT A COPY IF THAT'S WHAT'S BEING ASKED.
I'LL, I'LL COME, I'LL COME UP AND GET IT, GARRETT, SO I CAN GIVE IT TO THE APPLICANT.
I THOUGHT I HAD A COPY OF IT, BUT I BROUGHT THIS ME.
I DEFINITELY APPRECIATE, UH, MATT'S WRITTEN AND THE EFFORTS AND EVERYONE'S BEEN VERY CLOSE.
AND THE NEXT CASE ON TONIGHT'S AGENDA IS CASE 24 33.
HI THERE, MY NAME IS ANNA AMES.
UM, I'M THE, I'M HERE TO PRESENT.
I THINK YOU SAID YOUR NAME IS PRINGLE.
WE ARE HAVING A LITTLE DIFFICULTY WITH THE, UH, YEAH.
WE'D LIKE TO LET YOU EITHER RAISE YOUR VOLUME OR PERHAPS SPEAK CLOSER TO THE MIC SO THAT WE CAN REALLY UNDERSTAND WHAT YOU'RE SAYING.
I AM HERE TO PRESENT THE DRAWINGS.
CAN YOU SPELL YOUR NAME FOR THE RECORD PLEASE? R-O-G-E-R-I-O.
SO, UH, HERE WE HAVE, UH, THE SITE PLAN.
UH, IT, WE ARE NOT CHANGING THE, UH, THE SCOPE OF WORK IS REPLACEMENT OF THE EXISTING DECK IN KIND.
SO IT'S GOING TO BE THE SAME AREA, THE SAME SHAPE, AND THE SAME SQUARE FEET, SQUARE FOOTAGE.
UM, IT'S GOING TO BE NEW TIMBER TECH COASTLINE BOARDS WITH NEW TIMBER TECH RAILING SYSTEM IN BLACK FALL.
SO, UH, OVER HERE WE HAVE THE SURVEY OF THE EXISTING DECK, AND IT'S GONNA BE EXACTLY THE SAME, SAME SHAPE, SAME, SAME AREA.
AND HERE WE HAVE THE FLOOR PLAN, SORRY,
[01:20:02]
THE FLOOR PLAN WITH THE ELEVATION.UH, WE HAVE SOME, WE HAVE SOME PHOTOS.
SO THAT'S THE FRONT OF THE HOUSE, THAT'S THE REAR ELEVATION WITH THE BACK HERE AND THE EXISTING DECK ON BOTH PHOTOS.
SO ANYWAY, THAT'S WHAT WE ARE PROPOSED TO DO.
WAS THE EXISTING DECK APPROVED? YEAH, IT WAS APPROVED A WHILE AGO.
I DON'T RECALL EXACTLY THE TIME.
UH, ANNA BOUGHT THE HOUSE, I BELIEVE IN 2021.
SO, UH, SHE WAS AWARE THAT EVERYTHING WAS APPROVED AND, UH, I, UH, I THOUGHT, UH, WE THOUGHT THAT THE DECK WAS, UH, LEGALIZED BY VARIANCE OR SOMETHING, SO I COULD SPEAK TO THAT.
IN 1995, THE BUILDING DEPARTMENT DID ISSUE A PERMIT, DID NOT REQUIRE VARIANCES AND ISSUED A CERTIFICATE AS THE DECK EXISTS TODAY.
SO IT WAS AN OVERSIGHT AT THAT TIME.
WHAT, WHAT'S THE SQUARE FOOTAGE OF THE DECK? UH, 521 PERSON.
YOU, YOU SAID 521? YEAH, I BELIEVE IT'S HERE.
CAN I, CAN I ASK, UH, WHAT IS THE, WHAT IS AT GROUND LEVEL UNDER THE DECK? IS IT DIRT, IS IT GRAVEL? IS IT CONCRETE? DOESN'T, IT'S JUST DIRT.
AND WHAT IS PROPOSED TO KEEP IT THE SAME.
AND WHEN YOU SAY KEEP IT THE SAME, ARE YOU USING THE SAME MATERIAL OR WOULD IT BE SOLID? MY COMMENT OF KEEPING IT THE SAME WAS THE SAME UNDERNEATH THE DECK, WE WOULD LEAVE IT AS SOIL.
UM, THE NEW MATERIAL IS LIKE A TIMBER TECH COMPOSITE.
IT'S ONE OF THESE LIKE SYNTHETIC MATERIALS.
DOES IT DRAIN? ARE THEY SLATS OR IT'S ONE CONTIGUOUS SURFACE? NO, IT, IT'S, IT'S BOARDS, DIFFERENT BOARDS AND IT DRAINS THROUGH INTO THE SOIL.
ANYONE ELSE WANNA MAKE ANY COMMENT WITH RESPECT TO THIS APPLICATION? I HAVE YOUR, HAVE YOUR NEIGHBORS COMMENTED AT ALL ON IT? NO.
YOU WANNA ADJOURN FOR A MINUTE? YEAH.
WE'RE GOING TO ADJOURN FOR A MOMENT OR TWO, AND THEN WE WILL START OUR DELIBERATIONS.
THE FIRST CASE IS, UH, 24 0 7.
YOU HAVE A DRAFT, UH, DECISION.
ANYBODY HAVE ANY COMMENTS, REVISIONS, ADDITIONS? I AM HAPPY WITH THE LATEST DRAFT OF THE DECISION.
IF EVERYONE IS ALL RIGHT WITH THAT, THEN WE'LL GO ON LATER.
HOW WOULD BE HOLDING AGAINST CHICK? BUT IT HAS FOUR NOTES.
YOU HAVE A WHAT? A PROXY IN MY POCKET.
[01:25:01]
IN MY POCKET.ALRIGHT, SO YOU GOTTA PUT ON YOUR, IF, IF YOU HAVE FOUR VOTES, THEN MM-HMM.
OKAY, NEXT ONE IS, UM, PRIMROSE.
WHAT I, MY HOPE, MY HOPE WOULD BE THAT WE SEND A LETTER TO THE OWNERS ASKING THEM TO RECONSIDER RE UM, FINDING A WAY TO REDUCE THE AMOUNT OF IMPERVIOUS COVERAGE THAT THEY ARE REQUESTING.
IT SEEMED THAT THE ARCHITECT FELT THAT THERE WERE SOME IDEAS THAT COULD BE IMPLEMENTED.
IT'S NOT IMPERVIOUS SURFACE THAT THEY'RE REQUESTING IT.
A DISTANCE FROM THE DRIVEWAY OFF.
WELL, LET ME REPHRASE IT THEN.
THEN MAYBE THERE'S A WAY TO, UM, HAVE LESS DRIVEWAY AS AN ISSUE AT THE PROPERTY SO THAT YOU'RE NOT RIGHT ON THE LINE.
AND SOME OF THE, I DID HAVE A PROBLEM WITH ONE SENTENCE THAT WAS SAID THAT BECAUSE JUST BECAUSE THE DRIVEWAY NOW DOESN'T HAVE ANY WATER MITIGATION ISSUES, IF IT'S NOT A LEGAL DRIVEWAY, IT DOESN'T MATTER THAT THAT'S NOT A PRECEDENT FOR NOT HAVING MITIGATION ISSUES.
IF YOU'RE GOING TO PUT IN A LEGAL DRIVEWAY, IT HA IT SHOULD HAVE THE MITIGATION, ESPECIALLY GIVEN THAT HOW THE STORMS ARE GETTING WORSE AND WORSE ALL THE TIME.
SO, I, I THINK THAT HAS TO BE A CRITERIA.
IT WOULD BE A CON CONDITION OF THE VARIANCE.
THAT WOULD CERTAINLY BE ONE THING THAT WOULD BE A CONDITION IN MY MIND.
IS THERE ANY WAY WE CAN SUGGEST THAT A LETTER BE WRITTEN TO THE, THE NEIGHBORS SO THAT WHEN WE RECONVENE AGAIN, WE DO NOT HAVE TO GO THROUGH THAT AGAIN.
HEARING, HEARING WHAT THEY SAID.
WE, WE, WE SAID A LETTER AND WE SAID, WE HEARD YOUR COM, WE HEARD YOUR CONCERNS AND WE ITEMIZED THEM IN THE LETTER.
SO WE DON'T HAVE TO GO THROUGH THAT.
UM, I DON'T KNOW THAT TENSION AGAIN, I FELT IT WAS VERY UNCOMFORTABLE.
WE HAVEN'T BEEN ABLE TO DO THAT IN OTHER CASES.
I'M LESS, I'M LESS CONCERNED ABOUT THAT.
WELL HOPEFULLY IF THEY, IF THE NEIGHBORS AND THE OWNERS COME TO AN AGREEMENT, IT WOULD NOT BE NECESSARY.
IT MAY NOT BE NECESSARY, NUMBER ONE.
NUMBER TWO, WHAT YOU'RE SUGGESTING REALLY IS A SORT OF, UM, ADVANCE RESTRICTION ON WHAT THEY CAN SAY.
SO WE'RE GONNA HAVE TO SIT THROUGH THIS AGAIN.
NO, I, BUT I'M JUST SAYING IF WE ALREADY SAID WE HEARD IT, AGAIN, IF YOU'RE GONNA BRING SOMETHING ADDITIONAL OR NEW, THEN WE'LL LISTEN TO THAT.
BUT TO SIT THROUGH AGAIN HERE, AND I'VE BEEN LIVED HERE FOR 62 4 YEARS.
AND YOU WHAT YOU WHAT THE ONLY THING YOU CAN DO IS WHEN THEY START, UH, IF, IF THEY START SAYING THINGS, YOU COULD SAY, WE HEARD THAT.
THERE'S, THERE'S, AS I WAS SAYING IN DURING THE BREAK, I THINK THERE'S A GREAT DEAL OF PENT UP ANGER AT THE PREVIOUS OWNER.
AND THIS HAS BEEN THE FIRST FORUM IN 25 YEARS THAT THEY HAVE HAD TO VOICE ALL OF THE ANGER THAT THEY HAVE HAD IN DEALING WITH THE PREVIOUS OWNER.
I MEAN, SO MUCH OF THE ANGER WAS REALLY AIMED IN THAT DIRECTION.
MR. AND I THINK THEY HAVE, BECAUSE OF THE ANGER AT THE PREVIOUS OWNER, THEY HAVE PROBABLY NOT BEEN WELCOMING TO THE NEW OWNER.
[01:30:02]
AND IT WOULD BE NICE IF BOTH SIDES I AGREE, WOULD PUT THE PAST BEHIND AND FIGURE OUT A WAY TO MOVE FORWARD.SO, SO WE, AND HOPEFULLY THEY'RE ALL LISTENING TO THIS
SO WE KNOW ONE IS TO REMOVE THAT BACK PIECE THAT'S CALLED, RIGHT.
IT'S TO REDUCE THE WIDTH FROM THE 15 FEET, SCALE IT BACK TO LIKE NINE, PERHAPS CONSIDER PERVIOUS PAVERS, SOME KIND OF, AND CREATE AND MOVE IT OVER.
SO THERE'S A BARRIER BETWEEN THE TWO AND MAYBE THAT'S WHERE THE DRY WELL COMES OR WHATEVER ELSE.
KIND OF LIKE WHAT YOU WERE SAYING LAST MONTH ON RITA LANE.
SOMEBODY PUTTING IN A CURB THAT WOULD BETWEEN THE YEAH, I SHOWED IT THERE IS A CURB.
BECAUSE OF THE, THE ELEVATION DROP.
BUT THERE ARE, I WOULD SUGGEST THAT THEY SPEAK TO THE ARCHITECT.
I THINK HE WAS AMENABLE TO POTENTIALLY CREATE SOME OTHER ALTERNATIVES.
UM, MAYBE THERE IS SOME OTHER REMEDY THAT WE'RE NOT LOOKING AT.
UM, THAT THEY COULD, IF THEY COULD, THEY COULD REMOVE WHAT IS THERE NOW THERE'S A EARTH ISLAND, SORT OF AN OVAL IN THERE AND, AND THEY MOVE THE DRIVEWAY, THEY MOVED THE DRIVEWAY TO WHERE THE OVAL IS NOW AND MOVE THAT OVAL TO THE PROPERTY TO THE OTHER SIDE.
I THINK BETWEEN THE ARCHITECT MAYBE COMING UP WITH SOME DESIGNS AND PERHAPS FIND SOME FORUM WHERE THESE NEW DESIGNS COULD BE SHOWN TO THE NEIGHBORHOOD IN A MORE POSITIVE I'M CIRCUMSTANCE THEY HAVE TO APPLY TO THE ZONING BOARD, UM, BEFORE EVERYBODY COMES BACK HERE.
I, I DON'T THINK, I DON'T THINK YOU'RE GONNA FIND A CONSENSUS AS YOU INDICATED, BECAUSE OF THE ANGER THAT'S THERE.
I DON'T THINK THERE'S GONNA BE ANY CONSENSUS.
AND THAT WAS SPECIFICALLY THE QUESTION THAT I RAISED SHORT OF TEARING THE HOUSE DOWN, WHAT IS IT THAT WOULD MAKE YOU HAPPY? NO, THEY DID SAY THAT.
THEY SAID MAKING IT NARROWER, PUTTING IN DRAINAGE.
I I THOUGHT I HEARD 'EM SAY DIRECTLY TO YOU.
NO, THEY WOULD BE WITH WHAT YOU WERE SUGGESTING.
AGAIN, THAT'S IF THEY WERE TWO CAR GARAGE IN THE FRONT HOME.
I OPTIONS YOU CAME UP WITH AN UN UN UNVIABLE OPTION.
THE, THE POINT BEING THAT ANYTHING SHORT OF THAT DRIVEWAY BEING 100% IN THE FRONT OF THE HOME, THE NEIGHBORS THERE.
BUT WHAT IF YOU HAVE THE PICTURES? THAT WAS MY QUESTION WAS, YOU KNOW, IS THIS THIS ENHANCEMENT TO THE DRIVEWAY IN KEEPING WITH THE CARS OF THE NEIGHBORHOOD? THAT, THAT WAS A KEY QUESTION I FELT.
AND THE ANSWER WAS YOU WENT ON AND YOU SAID, YEAH, THERE ARE.
SO IF WE, SO IF WE SHOW PICTURES AND PUT PICTURES IN THIS LETTER THAT WE SENT OUT AND SAY LOOK, THERE ARE TWO CAR, THIS IS KEEPING IN, IN CHARACTER INCONSISTENT WITH THE, THE NEIGHBORHOOD.
THEY'RE NOT ASKING FOR ANYTHING BUT EXTRAORDINARY.
BUT YOUR HYPOTHETICAL WAS NOT ANYTHING SIMILAR TO WHAT'S BUILT.
WHAT I UNDERSTOOD YOU'RE SAYING WAS A TWO CAR GARAGE THAT THE, THAT THE NEW, THERE WOULD BE A NEW GARAGE NEXT TO THE EXISTING ONE CAR GARAGE.
THAT'S WHAT, SO THAT'S NOT AN EXISTING CONDITION.
AND THEN DO 20 FEET TO THE STREET THAT THE OTHER HOMES IN THE NEIGHBORHOOD ARE 20 FOOT WIDE STRAIGHT TO THE STREET INSTEAD.
BUT THAT DOESN'T GET THE OWNER'S CARS TO THEIR OTHER GARAGE.
OH, SO THAT'S WHAT YOU WERE SAYING.
WHAT THEY SAID WAS THAT THAT'S EXPENSIVE.
ONE CAR GARAGE WAS GOING TO BE EITHER, I GUESS A MUDROOM PLUS A LAUNDRY.
AND, AND THEY'RE NOT USING IT FOR CARS.
THEY'RE, THEY'RE TAKING THE GARAGE AND RIGHT.
FOR STORAGE BECAUSE, AND THAT WAS ED'S POINT, THEN THE FRONT OF THAT HOME, THEN THAT GARAGE WOULD THEN HAVE TO LOOK MORE LIKE A HOME AND NOT JUST ANOTHER GARAGE DOOR.
I THINK HE SAID IT WOULD BE NICE.
I DON'T THINK HE SAID IT HAD TO BE IN TERMS OF CONDITIONS.
WELL, AND THAT WAS BECAUSE YOU HAD SAID WHAT, YOU KNOW, SO THAT, THAT DIDN'T BECOME A PARKING SPOT, JUST A PARKING SPACE, A PAVED PARKING SPACE.
BUT IF WE ARE TALKING ABOUT REMOVING THAT KIND OF OVAL AREA AND BRINGING IT CLOSER TO THE HOME, THEY COULD STILL HAVE ROOM BETWEEN THE PRO THE NEIGHBOR'S PROPERTY AND GETTING TO THE BACK OF THE HOME.
[01:35:01]
HE JUST, YEAH.SO I THINK HE'S EVER WRITING THIS LETTER AND HE DID SAY HE WAS REPAVING IT.
SO IF HE'S REPAVING IT, HE CAN REGRADE IT.
AND IF YOU MAKE IT SMALLER, THE REPAVING IS LESS COSTLY.
WE'RE GONNA PUT TOGETHER A NICE LETTER FOR YOU.
YOU HAVE TO HAVE A DISCUSSION FIRST ABOUT IT.
I, I PROPOSE THAT WE APPROVE THIS
IT'S, IT'S EXACTLY WHERE IT WAS.
IT'S GOT GROUND DIRT UNDERNEATH.
IT HAS NO MORE, YOU KNOW, IT HAS SLATS GOING THROUGH THE WATER.
I THINK THEY'VE GOT, I THINK IT'S GONNA BE, UH, GOOD.
WE JUST DID ONE OF THESE BEFORE WITH THE ONE THAT WAS ON THE, I STILL LEAVE IT.
I DIDN'T HAVE BREAKFAST, LUNCH OR DINNER.
'CAUSE I AM A WHOLE NEW PERSON TONIGHT.
BEFORE I MOVE TO COSTA RICA, I'M MOVING FOR SOMEWHERE SAFE TO GO.
BEFORE, BEFORE THE HERGE BEGINS.
WHAT DO YOU MEAN? I'M WRITING IT UP NOW? YEAH.
OR
I, I GET, I, YOU KNOW I DO THAT.
KIRA ALWAYS LETS ME DO IT TOMORROW.
YOU HAVE TO DO THE MOTION AND I HAVE THAT CONDITIONS.
TOMORROW YOU, TONIGHT WHEN YOU GET OLD SO EARLY YOU'LL DO THE UH,
CHRISTIE HAS IT DONE BY THE NEXT, BY THE TIME I GET, NO, HE HAS IT BEFORE HE LEAVES AND HE TOLD ME HIS SECRET AND THAT'S WHAT I DO.
I HAVE TO, IF I DON'T AND HE ASK TRACK ME DOWN.
I KNOW MY WRITING IS HORRIBLE.
YOU, YOU TAUGHT ME HOW TO DO IT.
I TAKE MY NOTES AND WE ARE BACK ON THE RECORD WITH RESPECT TO OUR DELIBERATIONS THIS EVENING.
AND WHEREAS WITH RESPECT TO CASE 24 0 7, WHICH IS WHITMAN OSTERMAN HANNAH, LLP, WHICH IS CHECK I WILL READ THE SECRET STATEMENT THAT WHEREAS THE GREENBERG ZBA HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO CA COMPLIANCE AND WHEREAS THE GREENBERG PLANNING BOARD AS A LEAD AGENCY CONDUCTED A COORDINATED REVIEW AND DETERMINED THAT THE SUBJECT APPLICATION IS AN UNLISTED ACTION.
WHEREAS THE PLANNING BOARD HAS DETERMINED THAT THE PROPOSED ACTION WILL NOT HAVE A NEGATIVE ADVERSE IMPACT ON THE ENVIRONMENT AND ISSUED A NEGATIVE DECLARATION ON OCTOBER 16TH, 2024.
IS THAT IT? YOU NEED A SECOND? DO I HAVE A SECOND? SECOND.
AND THE MOTION IS THAT I MOVE THAT THE APPLICATION IN CASE 24 0 7 BE GRANTED PROVIDED THAT THE APPLICATION CHICK-FIL-A WILL OBTAIN ALL NECESSARY APPROVALS AND FILE.
[01:40:01]
WITH THE BUILDING DEPARTMENT.CONSTRUCTION MUST 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, WHICH I WOULD NEED.
I BELIEVE THE DO YOU IS IT WAS IT FROM WHAT YOU SENT US? I WILL CONTINUE TO READ AND WE WILL GET THAT PUT IN THE RECORD AS SOON AS WE CAN.
BUT IT IS OF THIS YEAR,
PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WE ARE GRANTING HEREIN THE VARIANCE IS BEING GRANTED FOR THE IMPROVEMENT 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.
THE TOWN HAS REQUIRED THE APPLICANT TO PREPARE AND SUBMIT AN EXTENSIVE TRAFFIC IMPACT STUDY AND TRAFFIC MANAGEMENT PLAN, WHICH WERE REVIEWED BY THE TOWN PLANNING BOARD, STAFF, POLICE DEPARTMENT, AND TRAFFIC CONSULTANT.
THE APPLICATION SHALL EXECUTE AN AGREEMENT WITH THE ULTIMATE OPERATOR OR FIE OR FRANCHISEE, I SHOULD SAY, OF THE OP RESTAURANT.
OBLI OBLIGING THE OPERATOR TO IMPLEMENT AND ABIDE BY THE TRAFFIC MANAGEMENT PLAN DURING BOTH THE GRAND OPENING PERIOD AND BEYOND.
IF AND WHEN THE NUMBER OF VEHICLES ON SITE EX, EX, EX EXCEED THE CAPACITY OF THE QUEUING LINES, LANES, AND PARKING, PARKING SPACES PROVIDED IN ORDER TO ASSURE THAT NO VEHICLES BACK UP ONTO OLD KENSICO ROAD AND OR COUNTY CENTER ROAD.
THIS APPROVAL IS SUBJECT TO SUCH PLAN, WHICH IS HEREBY INCORPORATED BY REFERENCE HEREIN.
A CONTACT PERSON AND TELEPHONE TEXT NUMBER SHALL BE PROVIDED TO THE TOWN GREENBURG POLICE DEPARTMENT TO BE USED BY SAID DEPARTMENT.
IF IT RECEIVES REPORTS AND OBSERVES THAT SUCH BACKUPS HAVE TAKEN PLACE IN SUCH EVENT, THE APPLICANT SHALL IMMEDIATELY NOTIFY THE OPERATOR THAT THE TRAFFIC MANAGEMENT PLAN MUST BE IMPLEMENTED.
IF THE OPERATOR FAILS TO DO SO WITHIN AN HOUR OF SUCH NOTIFICATION, THE APPLICANT MUST ITSELF IMMEDIATELY IMPLEMENT THE PLAN.
FAILURE TO DO SO EITHER BY THE OPERATOR OR THE APPLICANT SHALL RESULT IN A FI IN FINE SET FORTH IN SECTION 2 8 5 DASH 47 OF THE ZONING ORDINANCE.
AND IF SUCH NON-COMPLIANCE IS DEEMED SUFFICIENTLY SERIOUS BY THE CHIEF OF POLICE MAY RESULT IN THE REOPENING OR RE REVOCATION OF THIS APPROVAL, APPLICANT SHALL SUBMIT ITS TRAFFIC IMPACT STUDY TO THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION WITH RESPECT TO THE TIMING OF THE TRAFFIC SIGNAL AT THE INTERSECT INTERSECTION OF ROUTE ONE 19 AND OLD KENSICO ROAD TO OPTIMIZE TRAFFIC MOVEMENTS AND REDUCE WAITING TIMES FOR THE TRUCKS, SCHOOL BUSES AND CARS UTILIZING SUCH SET INTERACT INTERSECTION TO ACCESS AND EXIT FROM THE RESIDENTIAL, COMMERCIAL AND OFFICE USES IN THE NEIGHBORHOOD.
NO CERTIFICATE OF OCCUPANCY, TEMPORARY OR PERMANENT SHALL BE ISSUED UNTIL THE IMPROVEMENTS OUTLINED IN SUCH STUDY HAVE BEEN MADE TO SUCH TRAFFIC SIGNAL AND THE OTHER IDENTIFIED OFFSITE TRANSPORTATION IMPROVEMENTS HAVE BEEN IMPLEMENTED NO LATER THAN SIX MONTHS AFTER THE OPENING OF THE RESTAURANT.
THE A APPLICANT SHALL PREPARE AND SUBMIT A TRAFFIC MONITORING STUDY AND REPORT, NUMBER ONE, DRIVE THROUGH QUEUING LENGTHS DURING PEAK PERIODS.
TWO, THE NUMBER OF VEHICLES PARKED ON SITE DURING PEAK PERIODS, AND THREE, THE NUMBER OF VEHICLES ENTERING AND EXITING THE SITE USING THE TWO DRIVEWAYS ON COUNTY CENTER ROAD DURING PEAK PERIODS.
[01:45:01]
REQUIRE SUCH TRAFFIC MONITORING SAFETY BE PREPARED SOONER THAN SIX MONTHS AFTER OPENING IF IN HIS OR HER OPINION SAFETY CONSIDERATIONS WARRANT REPORTING SUCH INFORMATION EARLIER.IF SUCH MONITORING STUDY AND REPORT SHOWS THAT THE SITE CAPACITY IS INADEQUATE, IT SHALL BE FORWARDED TO THE TOWN'S TRAFFIC CONSULTANT PLANNING BOARD AND TOWN BOARD FOR PURPOSES OF RECONSIDERATION OF THE APPLICANT'S PLED SITE PLAN APPROVAL AND SPECIAL PERMIT BEFORE THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR THE PROPOSED FAST FOOD QUICK SERVICE ESTABLISHMENT.
APPLICANTS SHALL OBTAIN APPROVAL OF THE TOWN ATTORNEY OF AN EASEMENT OR RESTRICTIVE COVENANT ENSURING THE EXISTENCE AND LOCATION OF NOT LESS THAN 30 PARKING SPACES WITHIN 250 FEET OF THE GREENBERG PORTION OF THE SITE.
WHICH SPACES MAY BE USED FOR PARKING IN CONJUNCTION WITH THE PROPOSED FAST FOOD QUICK SERVICE ESTABLISHMENT, BUT MAY NOT BE USED FOR QUEUING OF OCCUPIED VEHICLES FOR CUSTOMERS OF SUCH AS ESTABLISHMENT.
SUCH DO DOCUMENTATION DOCUMENT SHALL BE RECORDED IN THE WESTCHESTER COUNTY CLERK'S OFFICE DIVISION OF LAND RECORDS BEFORE THE ISSUANCE OF A FINAL CERTIFICATE OF OCCUPANCY AND SHALL BIND THE OWNERS OF THE PARKING SPACES AND THEIR SUCCESSORS AND ASSIGN TO MAINTAIN THE REQUIRED NUMBER OF SPACES DURING THE EXISTENCE OF THE FAST FOOD QUICK SERVICE ESTABLISHMENT OR UNTIL SUCH SPACES ARE PROVIDED ELSEWHERE IN THE, IN A LOCATION MANNER ACCEPTABLE TO THE APPRO, THE APPROVING BOARD OR BODY OR THIS CONDITION HAS BEEN REMOVED BY THIS BOARD.
ANY LIGHTS THAT ARE VISIBLE FROM RESIDENTIAL PROPERTIES AND DEVELOPMENTS SHALL BE DIRECTED DOWNWARD AND SHIELDED SO THAT NO DIRECT LIGHT THEREIN SHALL BE CAST UPON OR, OR TOWARDS SUCH HOMES OR DEVELOPMENTS.
ANY OTHER REQUIREMENTS IMPOSED BY THE TOWN OF GREENBURG PLANNING BOARD AND OR TOWN BOARD AS PART OF THEIR SITE PLAN AND THE OTHER APPROVALS SHALL BE MADE A PART OF AND BE INCORPORATED BY REFERENCE HEREIN.
ANY ABSTAINS? ANY OPPOSED? OPPOSED.
AND THE NEXT CASE ON TONIGHT'S AGENDA FINDINGS.
AND THE FINDINGS WILL BE MADE AVAILABLE AS YOU COULD SEE HOW LONG IT OH, THAT'S RIGHT.
I ALSO, BEFORE I I GO ON TO THAT, UM, THE DATE PLANS I WILL PUT IN NOW WERE RECEIVED OCTOBER 9TH, 2024.
AND BECAUSE OF THE LENGTH THAT YOU COULD SEE THAT THE FINDINGS WERE, I'M SORRY THAT THE MOTION WAS, THE FINDINGS ARE FAIRLY, FAIRLY INTERESTING
SO THEREFORE, BECAUSE OF THE TIME TONIGHT THAT THE LATENESS OF THE HOUR, WE WILL HAVE THE FINDINGS READY.
THEY ARE, THEY'RE SEEN TOMORROW BY ANYONE WHO WISHES TO SEE THEM OR AS SOON AS THE, UH, I DON'T KNOW ABOUT TOMORROW,
OR, UH, AND OR AND AS SOON AS THE, WE HAVE THE, UH, RECORDING THE TRANSCRIPT, ANYONE CAN ALSO GET THAT INFORMATION IF THEY NEED IT.
AND THAT WILL BE, THAT ALSO WILL APPLY TO ANY, ANY OF THE OTHER CASES THAT WE HANDLE THIS EVENING.
SHOULD WE HAVE NOW LET ME GO BACK TO WHERE IT WAS.
THE NEXT CASE IS CASE IS CASE 24 31.
24 31 THOMAS H STERN 19 PRIMROSE AVENUE.
[01:50:01]
AND THAT IS ADJOURNED FOR ALL PURPOSES TO 1219.AND THE NEXT CASE IS CASE 24 32 OLIVA 2 79 JACKSON AVENUE.
AND THE APPLICANT WAS CORDIAL ENOUGH TO ALLOW US TO ADJOURN THAT MATTER THIS EVENING SINCE THERE HAVE BEEN, UH, CHANGES THAT WERE MADE THAT THEY NEED TO ADDRESS WITH RESPECT TO THEIR APPLICATION.
AND THAT CASE ALSO WILL BE ADJOURNED TO 1219.
AND THE NEXT CASE AND LAST CASE WE HAVE THIS EVENING IS CASE 24 33 ANNA AMES 54 PO POST STREET, PARKDALE, NEW YORK.
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 NO FURTHER CA CONSIDERATION.
AND DO WE HAVE SECOND? THANK YOU.
ANY SECONDS ON JUST ON THE MOTION ON, ON I SECOND VOTE.
AND DO WE HAVE WAIT, LET US VOTE.
I MOVE THAT THE APPLICATION IN CASE NUMBER 24 33 BE GRANTED PROVIDED THAT THE APPLICANT OBTAINED ALL NECESSARY APPROVALS AND FILES, 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 OCTOBER 11TH, 2024 SUBMITTED IN SUPPORT OF THIS APPLICATION.
OR AS SUCH, PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN.
PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN.
THE VARIANCE BEING GRANTED IS FOR THE IMPROVEMENTS SHOWN ON THE PLAN SUBMITTED IN SUPPORT OF THIS APPLICATION.
ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCE IS EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES WE HAVE APPROVED HERE, FINDINGS WILL BE OKAY.
AND AGAIN, AS I MENTIONED, THE FINDINGS WILL BE AVAILABLE FOR THE SECRETARY, UM, AND THAT WILL BE TRANSCRIBED AND AVAILABLE FOR THE GENERAL PUBLIC.
I HOPE THAT EVERYONE HAS HAD A PLEASANT NOVEMBER WITH NO RAIN.
SOMEWHAT
BUT, UH, WE HAVE THANKSGIVING COMING UP AND SO FAR WE'VE GOTTEN GREAT WEATHER FOR THIS TIME OF THE YEAR.
DROUGHT, BUT I'M SURE THAT, UH, AS THINGS HAPPEN AND FIRES AND FIRE AND THINGS, FIRES THAT, UM, THAT, THAT DO HAPPEN.
PART OF THIS IS YOU LIVE IN THE NORTHEAST, YOU NEVER KNOW WHAT THE NEXT DAY IS GONNA BE.
SO I HOPE EVERYONE HAS A HAPPY, GOOD TIME AND, UH, LOOK FORWARD TO SEEING ALL OF US.