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[ TOWN OF GREENBURGH ZONING BOARD OF APPEALS AGENDA THURSDAY, December 19, 2024 – 7:00 P.M. ]
THE MEETING OF THE ZONING BOARD OF APPEALS FOR THE TOWN OF GREENBURG.THE MEETING OF THE ZONING BOARD OF APPEALS FOR THE TOWN OF GREENBURG.
WE HAVE FIVE CASES SCHEDULED FOR TONIGHT'S MEETING.
LOOKING FORWARD, THE ZONING BOARD WILL HAVE OUR NEXT REGULAR MEETING ON THURSDAY, JANUARY 16TH, 2025.
PLEASE MARK YOUR CALENDARS BECAUSE OF THE NUMBER OF CASES WE NEED TO HEAR TONIGHT.
WE WILL LIMIT TIME TO DISCUSS EACH CASE.
IF WE CANNOT FINISH HEARING A CASE, IT WILL BE ADJOURNED TO ANOTHER MEETING TO BE COMPLETED AT THAT TIME, AS IN THE PAST.
IN ORDER TO SAVE TIME, WE WILL WAIVE THE READING OF THE PROPERTY LOCATION AND THE RELIEF SOUGHT FOR EACH CASE.
HOWEVER, THE REPORTER WILL INSERT THIS INFORMATION IN THE RECORD.
THIS INFORMATION ALSO APPEARS IN THE, THE AGENDA FOR TONIGHT'S MEETING.
AFTER THE PUBLIC HEARING OF TONIGHT'S CASE, THE BOARD WILL MEET TO DISCUSS EACH CASE.
EVERYONE IS WELCOME TO LISTEN TO OUR DELIBERATIONS, BUT THE PUBLIC WILL NOT BE PERMITTED TO SPEAK OR PARTICIPATE.
AFTER OUR DELIBERATIONS ON ALL THE CASES, WE WILL COME BACK TO ANNOUNCE THE BOARD'S DECISION FOR THE FORMAL RECORD AND TO BE BROADCAST TO THE COMMUNITY.
IF YOU'RE GOING TO SPEAK TONIGHT, YOU MUST COME UP TO THE MICROPHONE AND STATE YOUR NAME AND ADDRESS OR YOUR PERSONAL AFFILIATION.
WE HAVE HEARD TESTIMONY OF SOME OF THESE CASES AT PRIOR MEETINGS.
ALL PRIOR TESTIMONY IS ALREADY IN THE RECORD AND SHOULD NOT BE REPEATED.
THE FIRST CASE WE WILL HEAR TONIGHT IS CASE 24 31 19 PRIMROSE AVENUE WEST.
WE'RE JUST GONNA DO ROLL CALL FIRST.
UM, EVE BUNTING SMITH IS ABSENT.
AND THAT CONCLUDES OUR ROLL CALL.
UM, SHOULD ASK ED, COULD YOU COME YOURSELF,
UM, JUST BRIEFLY, SINCE THERE'S ONLY FOUR OF US HERE TONIGHT, IF YOU WANT TO, UM, ADJOURN YOUR CASE TO THE NEXT MEETING, YOU HAVE THE OPTION TO DO SO.
UH, WHEN THERE'S ONLY FOUR OF US, WE ALL HAVE TO VOTE, UM, UNANIMOUSLY FOR YOUR APPLICATION.
UM, OTHERWISE, IF ONE OF US IS AGAINST IT WOULD BE AN AUTOMATIC DENIAL.
SO JUST THROWING THAT OUT THERE.
THE FIRST CASE IS 19 PRIMROSE.
HAPPY HOLIDAYS AND A NEW YEAR'S TO ALL OF YOU.
SO WE WANT TO, UM, RESPOND TO WHAT HAPPENED LAST MONTH.
UM, I'M SURE YOU GUYS, COULD YOU GIVE YOUR NAME? OH YES, OF COURSE, OF RECORD.
WE LIVE IN 19 PRIMROSE AVENUE, WEST WHITE PLAINS, NEW YORK.
SO THE PRESSING MATTER IS THAT, UM, OUR DRIVEWAY NEEDS TO GET APPROVED IN ORDER FOR US TO GET INTO THE TWO CAR GARAGE.
SO THE TWO CAR GARAGE WHEN WE BOUGHT THE HOUSE HAS BEEN THERE SINCE 1962.
I WANNA BACK UP A LITTLE BIT JUST TO SHARE A LITTLE BIT OF WHO WE ARE.
UM, RIGHT NOW I AM LOCALLY A PASTOR IN THE TOWN OF GREENSBURG.
AND MY HUSBAND IS A CHAPLAIN IN, UM, NEW YORK.
WE BOTH HAVE LICENSE IN THE, IN THE STATE OF NEW YORK.
AND, UM, AS I TOLD THE COMMUNITY, WE COME IN PEACE AND, UM, IT HASN'T REALLY BEEN THAT WAY.
SO WHEN WE BOUGHT THE HOUSE, THE HOUSE HAD THREE GARAGES.
WHEN WE DID THE TITLE, THERE WAS NOTHING WRONG WITH THE HOUSE.
THERE WAS NOTHING ABOUT THE DRIVEWAY.
THERE'S A CO THAT HAS BEEN GIVEN TO THE TWO CAR GARAGE, MEANING THAT THE BUILDING WENT OUT THERE, THEY SOLD THE TWO CAR GARAGE, THEY APPROVED IT, THEN SOMEBODY ELSE CAME OUT THERE AND APPROVED IT.
UM, IN THE INTERIM, IT'S BEEN 60 YEARS THAT THERE'S A DRIVEWAY THAT LOGICALLY WAS PUT FOR THE TWO CAR GARAGE FOR THE DRIVER TO GO INTO THE TWO CAR GARAGE.
IT HAPPENS THAT THAT DRIVEWAY IS NOT LEGAL.
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52 YEARS.WE HAVE PICTURES THAT I HANDED IN SINCE 1975, THAT THAT DRIVEWAY HAS BEEN THERE.
OKAY? THAT WAS ON GOOGLE EARTH THAT I GOT THOSE PICTURES.
UH, YOU GUYS SHOULD HAVE THEM.
I HAVE COPIES HERE IF YOU WANT ME TO GIVE THEM TO YOU.
SO SINCE 1975, THAT DRIVEWAY HAS BEEN THERE.
UM, LIKE I SAID, WHEN WE DREW UP A TITLE, THERE WAS NO CONCERNS WHEN WE BOUGHT THE HOUSE.
WE LOVED THE FACT THAT IT HAD THREE GARAGES, BUT, YOU KNOW, TO APPEASE THE COMMUNITY, WE HAVE MADE SEVERAL CHANGES.
UM, WE ALSO GAVE YOU PICTURES.
ONE OF THE CONCERNS WAS THAT WE WERE TRYING TO CHANGE THE FACE OF THE COMMUNITY BY HAVING A TWO CAR GARAGE TOWARDS THE BACK OF THE HOUSE.
I GAVE YOU GUYS PICTURES OF OTHER HOUSES THAT ALSO HAVE, UM, CEMENT TO CEMENT RIGHT NEXT TO EACH OTHER.
I DON'T KNOW IF YOU WANNA PUT THEM UP THERE OR IF I CAN HAND OVER THE PAPERS OF, I DON'T KNOW HOW THAT'S GONNA WORK.
'CAUSE YOU GUYS HAVE THAT STUFF.
DID YOU PROVIDE US THE PICTURES? I DID.
SO IF YOU LOOK AT PULL IT UP PACKAGES.
I'M TRYING TO PULL UP THE SUBMISSION YOU GAVE ME.
I'M HAVING A PDF PROBLEM ON THE MACHINE I'M AT.
SO I'M GONNA CONTINUE TO TRY, BUT I DON'T WANNA BE TOO ON.
SO IF YOU LOOK AT THIS PACKAGE THAT LOOKS LIKE THIS IS THE FOURTH PAGE.
IN THE FOURTH PAGE, YOU ARE GOING TO SEE OUR DRIVEWAY, WHERE YOU SEE GRASS, DRIVEWAY GRASS, OKAY? TOWARDS THE BACK OF THE DRIVEWAY, YOU'RE GONNA SEE, UM, BLACKTOP AND THEN THAT'S GOBBLE STONE, RIGHT? BELGIUM BLOCKS, BELGIUM BLOCKS, AND THEN BLACKTOP.
IN THE LAST, IN THE PRIOR MEETING, THEY SAID THAT THERE'S NO OTHER HOUSE THAT HAS THAT.
BUT IF YOU LOOK IN THE PICTURE BELOW, THAT'S, UH, THE DRIVEWAY ON SEVEN, NINE, AND 11.
YOU LOOK AT THAT, IT'S CEMENT RIGHT NEXT TO CEMENT.
OKAY? SO YOU'RE GONNA SEE GRASS, DRIVEWAY, GRASS, BUT WHEN YOU GO TOWARDS THE BACK AND YOU GO TO THE PAGE RIGHT BEHIND IT, YOU'RE GONNA SEE THAT THERE IS CEMENT RIGHT NEXT TO CEMENT.
JUST LIKE WHAT WE HAVE IN OUR DRIVEWAY.
YOU SEE IT IN THE FOURTH PAGE DRIVEWAY ON SEVEN, NINE, AND 11.
YOU SEE THE THREE HOUSES RIGHT ACROSS.
SO WE STAND WITH, UM, WE'RE NOT CHANGING THE FACE OF THE COMMUNITY.
THERE ARE OTHER DRIVEWAYS THAT LOOK JUST LIKE OURS.
YOU CAN ALSO SEE, UM, IF IT'S A PROBLEM THAT THE DRIVEWAY GOES ALL THE WAY IN THE BACK.
THERE'S ALSO ON, UM, DRIVEWAY 18 THAT THE DRIVEWAY GOES ALL THE WAY TO THE BACK OF THEIR HOUSE.
THAT WAS ONE OF THE THINGS THAT WAS DISCUSSED IN THE THREE LETTERS THAT YOU GUYS RECEIVED FROM THE NEIGHBORS.
DO YOU HAVE ANY QUESTIONS? OKAY.
DO YOU, ARE YOU HAVE, DO YOU HAVE YEAH.
IF YOU GUYS HAVE ANY QUESTIONS, DO JEFF, ARE YOU NO, I'M NOT DONE.
SO THAT, THAT'S OVERCOMING THAT OBJECTION.
THE OTHER OBJECTION WAS THAT THE, UM, THE REASON WHY THEY WANT THE DRIVEWAY OUT, WHICH IS ONLY REALLY AFFECTING ONE NEIGHBOR, THREE NEIGHBORS CAME UP, BUT IT IS REALLY AFFECTING ONE NEIGHBOR, WHICH IS 21.
21, UM, WAS THAT DAY WAS A OVERFLOW.
A OVERFLOW OF WATER THAT WAS GOING INTO HIS DRIVEWAY.
AND IT JUST SEEMED VERY, VERY WEIRD TO ME THAT THAT WOULD BE AN ISSUE THAT THREE NEIGHBORS HAD.
WHEN IT REALLY AFFECTS ONE, WHEN I HAVE A RECORDING OF NEIGHBOR 21, NEIGHBOR 21 STATING, YOU NEED TO RIP OFF THE DRIVEWAY BECAUSE I NEED TO PUT MY SNOW ON THE DRIVEWAY.
RIGHT? SO IT ACTUALLY DEFEATS THE PURPOSE OF THE OVERFLOW OF THE WATER BECAUSE ACTUALLY IT'S ILLEGAL TO PUT WATER IN YOUR NEIGHBOR'S PROPERTY.
IF YOU'RE PUTTING SNOW, WHICH CONVERTS INTO WATER, WOULDN'T THAT OVERFLOW EVEN MORE ON YOUR PROPERTY? SO I'M, I'M VERY CONFUSED WITH THAT OPPOSITION AS WELL.
UM, I ALSO GAVE YOU GUYS THE RECORDING.
I DON'T KNOW IF YOU GUYS HAVE IT OR YOU WANNA PLAY IT.
UM, WE HAVE BEEN, UM, YOU KNOW, WE HAVE BEEN HARASSED.
WE HAVE BEEN TOLD, UH, I COULD GO INTO YOUR PROPERTY WHENEVER I WANT.
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YOU KNOW, IT'S, IT'S SAD BECAUSE THIS PROPERTY, WE DIDN'T KNOW THAT IT WAS ABANDONED.ALLEGEDLY, UH, IT IS DIFFERENT FOR EVERYBODY.
BUT THIS DRIVEWAY, UM, I I WOULD EXPECT RESPECT WHILE I'M SPEAKING.
YEAH, BUT YOU'RE LAUGHING THOUGH.
IT'S, I I KNOW THAT THE TUNNEL TO GREEN HAVE TO, OH, YOU'RE GONNA HAVE TO LEAVE TRYING TO BEHAVE.
I'M NOT GONNA DEAL WITH THAT TODAY.
THE, UM, I LOST MY TRAIN OF THOUGHT.
UM, WHAT WAS I SAYING? JUSTIN
WE, YOU KNOW, LIKE I SAID, WE COME IN PEACE ANYWAY.
YOU HAVE A VIDEO OF HIM, UH, AUDIO AND A VIDEO.
IT IS A VIDEO THAT I FELT WHEN HE WAS SPEAKING TO US, UNFORTUNATELY, THAT HE WAS LIKE MY SNOW.
HIS WIFE IS SCREAMING IN THE BACKGROUND, THE SNOW.
AND IT'S UNFORTUNATE THAT THIS HOUSE WAS ABANDONED.
WE DIDN'T KNOW THAT THAT WAS IN OUR RESPONSIBILITY.
UM, THE PRIOR OWNER THAT WAS THERE, HE ABANDONED THE HOUSE.
WE ACTUALLY CAME IN TO GET RID OF THE EYESORE THAT EVERY NEIGHBOR IS COMPLAINING ABOUT.
THE HOUSE IS ALREADY LOOKING AMAZING AND BEAUTIFUL AND THAT'S WHAT WE WANT.
UM, SO MY CONCERN IS WHY IS THE DRIVEWAY NOT BEING CONSIDERED OR IT PROBABLY WILL BE CONSIDERED HOPEFULLY WHEN IT WAS ALREADY APPROVED BY THE TOWN.
SO THE TOWN GAVE US SEVEN STEPS OF TO DO, UH, FROM THE LAST MEETING.
AND I WANNA ADDRESS ALL OF THEM HOW WE ADDRESSED THEM.
OKAY? AND ALTHOUGH THERE'S THINGS THAT WE DON'T HAVE TO DO, WE DOING THEM ANYWAY TO APP PASTE THE NEIGHBORHOOD, BUT WE DON'T HAVE TO DO IT.
'CAUSE LEGALLY WE DON'T HAVE TO DO IT.
BUT BECAUSE WE COME IN PEACE, WE'RE DOING IT.
SO, NUMBER ONE, THE REMOVING OF MAC, THE MACADAM PAVEMENT FROM THE REAR OF THE PROPERTY.
UM, IT WAS NOTED DURING THE PRESENTATION THAT IT NEEDED TO BE REMOVED.
WE HAVE THE ARCHITECT ON THE LINE.
CAN HE SPEAK IT? SO WE, WE DID, WE SPOKE TO THE ARCHITECT.
WE PAID THE ARCHITECT AGAIN SO THAT HE CAN DO NEW DRAWINGS SO THAT WE CAN ADDRESS SOME OF THE CONCERNS, UM, THAT THE NEIGHBORS HAD FOR 52 YEARS.
YOU THERE? CAESAR? WHY DON'T YOU FINISH AT SEVEN? I, I'M HERE.
SO WE, WE DID NEW DRAWINGS, UM, AND UM, I THINK IT'S REALLY E EVERYBODY IS, IS GOING TO BE HAPPY FOR US TO KEEP, UH, PART OF THE DRIVEWAY INTO OUR, THE TWO CAR GARAGE THAT AGAIN, WAS APPROVED IN 1962 WITH A CO OKAY.
WE HAVE TO GET INTO OUR CAR GARAGE.
UH, CAESAR YOU WANNA SHOW THE PLANS AND HOW WE ANSWERED ALL THE SEVEN STEPS.
AND THEN I'M GONNA DO ONE MORE POINT, UM, IS TO WHAT'S HAPPENING AND, UM, WE'LL CLOSE OUT AND THEN WE PRESS THE TIME.
UH, AS MR. MRS. JADO HAD MENTIONED, YOU KNOW, WE WERE GIVEN SEVEN POINTS FROM THE BOARD TO SEE IF WE COULD RECTIFY THE SITUATION FOR THE DRIVEWAY.
AND WE'VE ADDRESSED ALL OF 'EM, YOU KNOW, AS PER THE ATTACHED PLAN I SUBMITTED TO THE BOARD ABOUT A WEEK AGO.
UH, SO WE DID REMOVE THE MECHANIC FROM AREAS ONE, TWO, AND THREE.
AND WE ALSO PROPOSED TO USE, UH, THE, UM, THE STONES ALONG THE, THE, THE PROPERTY LINE WHERE IT MEETS THE OTHER PROPERTY SO THAT THE WATER WILL BE HELD BACK ONTO THEIR DRIVEWAY INSTEAD OF THE NEIGHBORS.
UM, WE ALSO DID, UH, YOU KNOW, RECONFIGURING THE DRIVEWAY WOULD NOT POSSIBLE DUE TO THE COST IMPLICATIONS WOULD'VE TO RIP OUT THE WHOLE THING AND REPAY EVERYTHING.
SO WE'RE GONNA MINIMIZE IT BY JUST, YOU KNOW, CUTTING A PIECE OF IT OFF SO THAT IT'S NOT ON HIS PROPERTY.
AND THEN OF COURSE, THE AREA IN THE DOCK THAT'S HAS THE, A LOT OF THE A******S OF MY CATTLE TOWARDS THE BACK.
WE'D LIKE TO KEEP 10 FEET AWAY FROM THE DRIVEWAY SO THAT WHEN YOU EXIT THE THE GARAGE, YOU'RE ABLE TO MAKE A TURN AND THEN GO FORWARD.
RATHER THAN JUST CUTTING IT OFF AT THE END OF THE PROPERTY OR AT THE END OF THE HOUSE.
UH, ALSO WE WENT AHEAD AND MODIFIED THE FRONT GARAGE, WHICH IS NO LONGER A GARAGE.
AND WE HAD IT AND WE REMOVED THE DOOR, THE GARAGE DOOR, THE GARAGE DOOR OUT THE WINDOW AS PER THE ELEVATION THAT IS ATTACHED TO THE PLAN AS WELL.
UM, I THINK EVERYTHING ELSE THAT WAS ON HERE HAS BEEN, UH, REMOVED AND FOLLOWED, UH, YOU KNOW, ALL SEVEN POINTS.
SO WE'RE JUST HOPING TO GET APPROVAL SO THAT THEY CAN GO FORWARD AND, UH, CONTINUE WITH RENOVATING THE HOUSE.
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YES.SO I JUST WANNA SHARE REALLY QUICKLY THAT, UM, LIKE I SAID BEFORE, WHAT HAPPENED WHEN, THANK YOU CAESAR.
I THINK YOU GUYS HAVE THE PLAN SO YOU COULD SEE THEM.
WE ALSO MADE COPIES OF THEM AS WELL.
COULD YOU SHARE THE PLAN, CAESAR? I KNOW D DIARY IS TRYING TO DO IT, BUT IT, UH, IS NOT WORKING.
SO THEY COULD SEE ON THE SCREEN.
YOU HAVE THE ABILITY TO SHARE.
IF YOU CAN, THAT WOULD BE GREAT.
I'LL ZOOM IT AS MUCH AS I CAN.
BRING IT UP A LITTLE BIT NOW, MAKE IT A LITTLE SMALLER.
SO YOU WANT ME TO PAN ALONG? YOU KNOW, BECAUSE IT'S GONNA BE TOUGH TO SEE FIRST.
SO THAT'S THE BACK OF THE DRIVER'S SEAT.
WHAT WE'D LIKE TO DO IS KEEP 10 FEET SO THAT, THAT WHEN THE CAR BACKS OUT, THERE'S A WAY TO GET AROUND AND NOT HIT THE GRASS.
SO THAT WAS A ONE POINT, UH, THE OTHER POINT WHERE YOU SEE THE HATCH AREAS, THAT'S ALL BEING REMOVED AND THE ALL GRASS IS GONNA BE PUT BACK IN THERE THE SAME AS ON THE OTHER SIDE BY THE PROPERTY ADJACENT TO IT.
AND THEN THE STONE CURVE WILL BE PLACED ALONGSIDE BELGIUM BLOCK.
AND THEN THE CABIN DRIVEWAY IN THE FRONT WHERE YOU SEE IT HERE, THAT'S GONNA BE REMOVED.
THE NEW GRASS WILL BE INSTALLED THERE AS WELL AS PER THE NOTES HERE.
SO I DON'T KNOW IF YOU WANT ME TO PIN ANYWHERE ELSE.
AND YOU KNOW, THEN YOU HAVE THE ELEVATION OF THE FRONT WHERE THIS WOULD THE OLD EXISTING GARAGE.
AND THAT WILL HAVE A WINDOW NOW AND EVERYTHING WILL BE THE, UH, TO MATCH THE REST OF THE HOUSE.
SO THAT WAS ALSO A CONCERN OF HAVING THREE GUARD GARAGES, ALTHOUGH THAT'S HOW WE BOUGHT THE HOUSE.
WE TOOK ONE OF THEM OUT AND WE PUTTING GRASS IN FRONT OF IT.
SO THERE'S NOT GONNA BE BLACKTOP ALL THE WAY TO THE TOP.
YOU SEE THE, THE, THE, YEAH, THAT'S ALL GONNA BE GRASS.
GRASS INSTEAD OF THE, UH, CONCRETE OF THE CABIN.
AND AND THE PROPERTY THAT IS FOR 21 OBVIOUSLY IS GONNA BE HIS WE ARE GONNA YEAH.
AND HE HAS TO MOVE HIS, HIS FENCE IN THE BACK.
HIS FENCE IN THE BACK HAS TO BE MOVED.
SO, UM, MY LAST, MY LAST POINT, WHICH, UM, I WAS STOPPED LAST WEEK, UM, LAST MONTH WAS THAT UNFORTUNATELY I DIDN'T EVEN WANNA BRING THIS UP, BUT BECAUSE THEY WERE TRYING TO HURT OUR CHARACTER, WHICH MAKES NO SENSE, IT HAS NOTHING TO DO WITH THE DRIVEWAY.
UM, AGAIN, WE APOLOGIZE THAT IT'S BEEN AN EYESORE FOR THEM FOR SO MANY YEARS, BUT IT REALLY HAS NOTHING TO DO WITH US.
WE CAME TO BEAUTIFY THE NEIGHBORHOOD TO BEAUTIFY THE HOUSE.
UM, AND THAT'S EXACTLY WHAT WE'RE DOING.
EVEN STILL, ALTHOUGH WE'VE BEEN, WE'VE BEEN TRYING, WE'VE BEEN STOPPED MANY TIMES.
BILL, UM, THEY'VE BEEN CALLING, OH, THEY DOING THINGS WHEN WE'RE NOT DOING DUMB.
THEY DOING THIS, THEY DOING THAT.
AND WE HAVE TO GO AND SOMEBODY ELSE HAS TO COME OUT AND REALIZE WE'RE NOT DOING THAT SO THAT WE COULD CONTINUE THE PROJECT.
THIS PROJECT SHOULD HAVE BEEN DONE WITHIN TWO TO THREE MONTHS.
WE, WE ALREADY SITTING HERE FOR EIGHT MONTHS.
UM, SO UNFORTUNATELY WHEN WE FIRST GOT THE HOUSE, UM, VERY EXCITED ABOUT IT.
UH, AND WE GOT STOPPED BY 17 IN THE MIDDLE OF THE ROAD.
AND, UM, HE WAS SCREAMING AT US LIKE, WHAT ARE YOU DOING THERE? DO YOU BUY THE HOUSE? YOU KNOW, UH, WHAT'S GOING ON? AND HE'S SCREAMING AND I'M LIKE, OKAY, CALM DOWN.
AT THIS POINT WE'RE KIND OF LIKE, OKAY, EVERYTHING IS FINE.
UM, AND IT, IT JUST KEPT ON ESCALATING.
HE KEPT ON GETTING INTO MY HUSBAND'S FACE AND IT STARTED GETTING A LITTLE UGLY.
I'M GONNA, I'M GONNA PAUSE YOU.
RIGHT NOW WE JUST REALLY WANNA DEAL WITH THE FACTS.
OKAY? I GENERALLY APPRECIATE THE ANGST THAT BOTH SIDES ARE UNDER AND THE EMOTIONALISM ANYTIME IT'S YOUR HOME, THE EMOTION THAT GOES INTO IT.
WE HAVE TO DEAL WITH THE FACTS.
SO RIGHT NOW YOU'VE INDICATED THAT YOU'RE GOING TO
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MAKE THESE ADJUSTMENTS AS PER THE BUILDING INSPECTOR.AND, AND, AND WE ARE GOING TO HEAR THAT.
AND WE'RE GOING TO LOOK AT THIS ON PURELY THE FACTS.
AND, UM, PART OF OUR DECISION DOES HAVE TO FOCUS ON, UM, WHETHER OR NOT THE IMPACT OF THE NEIGHBORHOOD IS WHAT WE WOULD CONSIDER DI MINIMUS.
OR IS IT SOMETHING THAT WOULD BE FACTUALLY IMPACTING THE QUALITY OF LIFE OF INDIVIDUALS.
SO RIGHT NOW WE'VE HEARD THAT.
SO IN TERMS OF ANY CHARACTERS, SO THAT THEY DON'T GET BACK UP NEXT AND START SAYING THAT I DIDN'T SAY THIS, IT HAS NOTHING TO DO WITH OUR DELIBERATION.
WE, I JUST HOPE THAT THEY COULD COME UP.
THEY GET THE SAME COURTESY THAT HIS DRIVEWAY, BECAUSE OUR LAST MONTH THAT DID NOT HAPPEN.
AND THIS BOARD MEMBER IS SPEAKING NO PROBLEM IS SPEAKING.
OKAY, SO FOR MY FINAL STATEMENT, AGAIN, THIS DRIVEWAY WAS APPROVED IN 1962 AND IT, IT, IT JUST DOESN'T APPEAR.
IT IS A FACT THAT THE BUILDING DEPARTMENT UNFORTUNATELY OVERLOOKED THE FACT THAT THERE WAS A DRIVEWAY THERE.
UM, BECAUSE THAT WAS NEVER NOTED.
AND UNFORTUNATELY THAT IS, THAT IS NOT A FAULT.
WHEN WE BOUGHT THE HOUSE, THE HOUSE HAD THREE GARAGES.
WE'RE APPEASING BY TAKING ONE OUT.
UH, WE'RE PUTTING BELGIUM BLOCKS IN BETWEEN BOTH GARAGES TO RETAIN SOME OF THE WATER.
AND, UM, WE'RE PUTTING GRASS AND WE ARE DOING EVERYTHING WE CAN TO APPEASE EVERYBODY SO EVERYBODY COULD BE HAPPY.
SO I HOPE THAT YOU CAN CONSIDER THAT AND GIVE US THE THUMBS UP.
SO MAYBE EITHER YOU OR YOUR ARCHITECT CAN ANSWER CAESAR THE EXACT, HOW MANY FEET ARE WE TALKING ABOUT THAT WOULD HAVE THE ZERO SETBACK, UH, APPROXIMATELY.
LEMME MEASURE THAT BECAUSE CLEARLY IT'S NOT THE ENTIRE LENGTH OF THE DRIVEWAY, IT'S JUST THAT PORTION.
NO, LET ME, LET ME GET, UH, LEMME MEASURE FOR YOU NOW WHILE I HAVE IT OPEN.
WHERE ARE YOU SITTING THERE? THIS PART RIGHT HERE? HOW, HOW MANY, HOW MUCH IS THIS? A ZERO FROM HERE TO HERE? HERE.
THIS, NO THIS THE PROPERTY LINE RIGHT HERE.
I'M, I JUST, DO YOU, DO YOU HAVE A, ANY MORE THAN WHAT THE, UH, JASON NEIGHBOR HAS ON THIS IS THE PROPERTY THAT THEY'RE GIVING BACK TO THIS NEIGHBOR.
THIS IS THE PROPERTY LINE HERE.
YOU HAD A QUESTION FOR? OH, I, I WAS JUST GONNA ASK, DO YOU HAVE UM, DO YOU HAVE A COPY OF THE DEED? YES I DO.
COULD WE GET THAT PLEASE? OR A COPY? WE ALL HAVE SOMEBODY MAKE A COPY OF IT SO WE HAVE SURE.
COULD I ASK WHY WE HAVE IT THOUGH? UH, IT JUST BECAUSE SINCE YOU, A LOT OF THE COMPLAINTS SEEM TO BE, AS YOU SAID ABOUT THE PRIOR OWNER.
AND SINCE YOU ARE NOT THAT OWNER, WE ARE, YOU SEEM SURE THAT THE WE ARE SHOULD NOT BE.
I JUST WANNA MAKE SURE EVERYTHING IS BECAUSE OF THE DRIVEWAY.
'CAUSE 'CAUSE YOU KNOW, HECK GIVE IT TO THEM.
ALRIGHT, SO THAT BE A QUESTION.
THE PROPERTY, IT'S ABOUT THE LADY OF THE GARAGE, WHICH IS APPROXIMATELY 30 FEET.
THAT WOULD BE ADJACENT THE FOOTING ON THE OTHER SIDE OF THE PROPERTY.
THEY'RE TAKING THIS OUT BECAUSE THIS IS THEIR PROPERTY.
HE PUT THIS IN SO THEY'RE TRYING TO CUT IT BACK.
THIS, COULD YOU REPEAT WHAT YOU, 21, 21 FEET SIX BELONG.
SO THEY REMOVING THIS, OF GIVING IT BACK, HE SAID 21 FEET ACTUALLY MIGHT EVEN BE LESS.
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ZERO SETBACK UNTIL YOU GET TO IT.IT MIGHT BE EVEN LESS, BUT NOT BY MUCH.
SO IT LOOKS LIKE IT'S A LITTLE BIT LESS THAN WE THOUGHT.
SO LEMME JUST GET, UH, COULD I ASK GARRETT IF HE WAS ABLE TO PUT SOME OF THE SLIDES? 'CAUSE IF YOU COULD SEE SOME OF THE PICTURES WE TOOK, I THINK IT WOULD BE, UM, YOU WOULD BE ABLE TO SEE THAT THERE'S OTHER DRIVEWAYS EXACTLY LIKE OURS AND, OKAY.
SO IF WE LOOK AT THIS, UM, I GUESS THE CURVE ACTUALLY STARTS HERE.
SO I WAS MEASURING FROM THE EDGE OF THIS GARAGE WHERE THE BACK EXTENSION STARTS.
SO FROM HERE TO HERE, THIS LITTLE ANNOYING.
SO, SO FROM HERE TO HERE'S 21 FEET.
SO FROM HERE TO THIS EDGE OVER HERE IS 21 FEET.
THAT'S WHERE, YOU KNOW, BUT YOU COULD SEE THERE'S SOME GRASS RIGHT HERE AS WELL.
SO IF YOU REALLY WANNA SEE HOW MUCH IT IS, IT'S PROBABLY 15 FEET.
AND THEN IT STARTS TO GO BACK OUT THIS WAY.
SO THERE'S REALLY, YOU KNOW, MAYBE 15 FEET IN TOTAL THAT THEY'RE BUTTING UP AGAINST ONE ANOTHER AT THE PROPERTY LINE.
'CAUSE EVERYTHING ELSE, THEN IT STARTS TO GO BACKWARD AND THERE'S NOTHING ON OTHER SIDE.
I HOPE THAT ANSWERED THE QUESTION.
AND YOU NEVER, I, I HEARD MAYBE CAESAR MENTIONED THIS ABOUT MOVING THE DRIVEWAY CLOSER TO THE HOUSE WHERE THAT OPEN AREA RIGHT THERE, RIGHT TO THE LEFT.
WELL, LIKE I SAID BEFORE, YOU KNOW, IT WOULD BE A VERY LARGE EXPENSE BECAUSE YOU HAVE TO RIP OUT THE HOME MAC CABIN DRIVEWAY THAT'S THERE AND THEN, YOU KNOW, REGRADE IT, MOVE IT OVER.
BUT NEW ASPHALT AND PUTTING YOU GRASS, YOU KNOW, YOU'RE LOOKING AT AT LEAST 50 TO 20 IF NOT MORE IN THAT LONG DRIVEWAY.
YOU KNOW? AND THEN I DON'T THINK IT'S FAIR BECAUSE LIKE I MENTIONED BEFORE, SOME OF THE OTHER PROPERTIES HAVE EDGE TO EDGE DRIVEWAYS.
SO I, YOU KNOW, I, I DON'T KNOW WHY THEY'RE BEING ASKED TO DO THAT WHEN EVERYBODY ELSE DOESN'T HAVE IT THAT WAY.
SO CAN I EXPLAIN WHY THAT'S AN ISSUE? SURE.
UH, THE OTHER HOMES THAT HAVE BACK TO BACK DRIVEWAYS DON'T HAVE A GRADE DIFFERENCE WHERE THE WATER FROM ONE PROPERTY IS, UH, SPILLING OVER INTO THE ADJACENT PROPERTY.
SO WHAT WE ARE TRYING TO LOOK AT IN TERMS OF, UH, NUMBER ONE, MITIGATING THE AMOUNT OF FLOODING THAT'S OCCURRING.
AND NUMBER TWO, ALSO TRYING TO CREATE A SPACE THAT HAS, UM, PERVIOUS SURFACE AS OPPOSED TO IMPERVIOUS SURFACE.
WHERE IN FACT YOU ARE PUTTING IN A CURB THAT JUST CATCHES THE WATER AND THEN FLOWS IT DOWN THE DRIVEWAY TOWARDS THE STREET.
UM, WHAT I'M IN THIS CASE, I'M SORRY, LET ME FINISH SPEAKING PLEASE.
SO WHAT I'M LOOKING AT HERE IS THAT, AND I THINK IT WAS JUST MENTIONED, UH, THE POSSIBILITY OF MOVING THE DRIVEWAY AWAY FROM THE PROPERTY LINE UNTIL THE POINT WHERE YOU ABSOLUTELY HAVE TO HAVE A ZERO SETBACK SO THAT YOU DRIVE YOUR CAR TOWARDS THE, UH, REAR OF THE PROPERTY.
AND THEN I SEE WHAT YOU DID, WHICH MAKES A LOT OF SENSE, IS YOU'RE CREATING THAT LITTLE NICHE IN THE, IN THE AREA WHERE YOU WERE GOING TO, UH, NEED FOR A CAR TO BACK INTO AND THEN, UH, TAKE A RADIUS INTO THE TWO STORY GARAGE, OR I'M SORRY, THE TWO CAR GARAGE.
SO WHAT I SEE AS A POSSIBLE ISSUE, AND OF COURSE I'M JUST A BOARD MEMBER, UM, I CAN ONLY ISSUE OR, OR, UH, ASSERT A DIFFERENT, UM, POSSIBILITY.
AND THAT IS, UM, I, IT WAS STATED LAST MONTH THAT YOU REALLY, THE MINIMUM REQUIRED FOR THE DRIVEWAY TO GO FROM THE FRONT PROPERTY LINE TO THE REAR IS NINE FEET.
AND YOU IN FACT HAVE I THINK, UM, MORE THAN 20, ALMOST 20 FEET.
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A STRIP ALONG THE PROPERTY LINE AND PUT IN A PERVIOUS SURFACE OR A LINEAR DRAIN IF YOU WANTED TO, THAT WOULD PREVENT THE WATER FROM FLOWING INTO THE NEIGHBOR'S PROPERTY.AND THEN ALSO GET YOU AT LEAST FIVE TO SIX FEET OFF OF THE PROPERTY LINE UNTIL YOU GET TO THE POINT WHERE THE HOUSE MEETS THE TWO CAR GARAGE.
AND THEN YOU REALLY HAVE NO CHOICE BUT TO MAINTAIN THAT ZERO SETBACK.
ARE YOU FOLLOWING ME? I'M FOLLOWING YOU.
DOES THAT MAKE ANY SENSE TO YOU? WELL, IT DOES.
YOU KNOW, I THINK THAT'S WHY, YOU KNOW, IN LIEU OF THE DRAIN, THAT WOULD BE VERY COSTLY.
UH, WE PROPOSED THE BELGIUM BLOCK, WHICH IS, YOU KNOW, PROBABLY SIX INCHES HIGH.
AND AGAIN, IT MIGHT NOT STOP ALL THE WATER, BUT, YOU KNOW, SIX INCHES OF WATER, THAT'S QUITE A BIT OF WATER AND IT'LL MAINTAIN ON THIS SIDE OF THE PROPERTY LINE AND WON'T FLOW OVER INTO THE NEIGHBORS.
YOU KNOW, THAT WAS ONE WAY OF MITIGATING THAT.
AND I UNDERSTAND ABOUT THE IMPERVIOUS SURFACE VERSUS THE PREVIOUS, BUT YOU KNOW, AT WHAT EXPENSE, UH, YOU KNOW, IS ANYBODY ELSE IN THE, IN THE NEIGHBORHOOD GONNA DO THIS TO THEIR PROPERTY THAT THEY HAVE THE SAME ISSUE? OH, I DON'T KNOW.
AND THAT IS UP TO THE APPLICANT TO DECIDE IF THAT'S A COURSE OF ACTION THAT THEY WOULD WANT TO TAKE.
BUT, UM, I WOULD THINK THAT THAT WOULD, UM, MITIGATE A LOT OF THE, UM, WHAT WAS THE WORD YOU USED? ANGST, UH, BETWEEN YOU AND YOUR NEIGHBORS.
UM, BECAUSE THE FLOW OF WATER INTO THE NEIGHBOR'S PROPERTY, UM, IS CAUSING A LOT OF THE CONTENTION.
UM, THAT PLUS THE FACT THAT THE, UH, YOUR HOUSE HAS BEEN ABANDONED FOR SO LONG AND IT LOOKS LIKE HELL LOOKED.
UM, YOU ARE INTENT, YOUR INTENT IS TO MAKE IT BEAUTIFUL AGAIN.
UM, BUT, AND THAT GOES ONLY BUT SO FAR IN TERMS OF, UM, RESOLVING, UH, WHAT YOUR NEIGHBORS ARE CONSIDERING A SERIOUS PROBLEM.
SO YOU COME IN PEACE, AS YOU'VE SAID, MULTIPLE TIMES.
UM, I DON'T KNOW IF THAT'S BEING HEARD BY YOUR NEIGHBORS, UM, UNTIL THEY SEE YOU DOING SOMETHING THAT IS GOING TO, UM, ADDRESS WHAT THEY CONSIDER, UH, A SERIOUS PROBLEM.
UM, PUTTING IN A SIX INCH CURB, UM, I THINK GOES PART OF THE WAY.
YOU HAVE TO DECIDE IF THAT'S ENOUGH.
UM, BUT I THINK IF YOU BELIEVE THAT THIS IS A BEAUTIFUL NEIGHBORHOOD, UM, AND THAT YOU WANT TO LIVE IN A BEAUTIFUL NEIGHBORHOOD, I THINK PART OF THE BEAUTY OF THE NEIGHBORHOOD IS YOUR ABILITY TO LIVE PEACEFULLY, UM, WITH YOUR NEIGHBORS.
UM, I'VE HEARD LAST MONTH, UM, BY SOME OF THE OTHER NEIGHBORS THAT IT IS A BEAUTIFUL NEIGHBORHOOD AND IT GOES AND IT'S BEAUTIFUL BECAUSE EVERYBODY HELPS EACH OTHER.
UM, STARTING OFF ON THE WRONG FOOT IS NOT WHAT I CONSIDER, UM, AIMING TOWARDS A BEAUTIFUL RELATIONSHIP WITH YOUR NEIGHBORS.
UM, BE THAT AS IT MAY, THAT YOU HAVE VIDEOS AND AUDIOS OF, UH, YOUR NEIGHBORS MAYBE YELLING AND SCREAMING OR, UH, SORRY, ALLEGEDLY YELLING AND SCREAMING.
I SAY ALLEGEDLY BECAUSE I HAVEN'T SEEN YOU OR HEARD THE VIDEO.
I WOULD BE, UH, I WOULD LIKE TO HEAR IT.
'CAUSE IT'S NOT THAT I DISBELIEVE YOU MM-HMM
UH, I'M JUST LOOKING AT THE FACIAL EXPRESSIONS OF YOUR NEIGHBORS SITTING THERE IN THE FIRST ROW AS IF, UM, THEY NEVER SAID ANYTHING.
UM, I, OH, I SEE OUR ATTORNEY LOOKING AT ME.
BUT, UM, I, I MAY BE GOING TOO FAR, BUT I REALLY BELIEVE THAT THERE IS A RESOLUTION TO THIS THAT COULD, NUMBER ONE, MINIMIZE THE, UM, AMOUNT OF, UM, UH, WORK THAT YOU WOULD NEED IN ORDER TO, UH, GET THE APPLICATION APPROVED AND ALSO, UM, MAKE NICE WITH THE NEIGHBORS.
COULD I RESPOND TO YOU? IS THAT POSSIBLE? ABSOLUTELY.
THANK YOU SO MUCH FOR YOUR TIME.
UM, THE LINEAGE DRAINAGE, THE BUILDING DEPARTMENT TOLD US WE DIDN'T HAVE TO DO THAT.
LEGALLY WE DON'T HAVE TO DO THAT.
UM, SO WE, OUT OF THE KINDNESS OF OUR HEART, WE'RE PUTTING THE BE IN BLOCKS 'CAUSE WE DON'T HAVE TO DO THAT EITHER, BECAUSE LEGALLY DON'T HAVE TO DO THAT ACCORDING TO THE BUILDING DEPARTMENT.
YOU KNOW, I, I WISH THAT WHEN MR. BLAZE WAS NICE WITH US.
[00:35:01]
'CAUSE WHEN WE CAME IN, EVERYTHING WAS NICE.UM, IT WASN'T NOT NICE BESIDES 17.
HE FELT HE OWNED THE PROPERTY.
BUT THAT'S WHY WE HAVE THREE POLICE REPORTS.
THAT'S WHY WE HAVE TO GO TO THE TOWN OF GREENBURG.
THAT'S WHY WE SPOKE TO PAUL FINER.
IT'S, IT'S A LONG HISTORY THAT YOU GUYS DON'T WANT ME TO TALK ABOUT.
UM, BUT IF YOU WOULD LOOK AT THAT VIDEO AND I DESCEND IT TO THE BOARD, NOT ONCE IN THAT CONVERSATION FOR 14 MINUTES, THAT HE SHARED THAT THE REASON WHY HE WANTED US TO RIP OFF THE DRIVEWAY WAS BECAUSE THERE WAS A FLOW OF WATER.
NOT ONCE HE SAID THAT HE HAD TO PUT THE SNOW IN OUR DRIVEWAY.
SO I UNDERSTAND WHERE YOU'RE COMING FROM AND YES, I DID SAY I COME IN PEACE AND I WILL CONTINUE TO SAY THAT.
'CAUSE WHEN WE CAME, WE WERE VERY EXCITED AND WE EVEN SPOKE TO MR. BLAZE ABOUT HIS NEIGHBOR.
OKAY? WE'RE DEALING WITH THE PRESIDENT AND THE VICE PRESIDENT OF THE BOARD, AND WE'RE RIGHT IN THE SPANKING MIDDLE.
SO, UM, WHEN 17 IS ARGUING WITH YOU IN FRONT OF A BOARD MEETING AND SCREAMING, ANOTHER NEIGHBORS ARE SAYING, WHAT IS WRONG WITH HIM? IS HE OKAY? AND HIS WIFE LITERALLY HAS TO YANK HIM OUT OF THE BUILDING BECAUSE HIS FACE WAS ABOUT TO EXPLODE.
UM, I'M TRYING TO BE NICE, BUT IF YOU COME UP TO ME SCREAMING, NOT AT ME, BUT AT MY HUSBAND, I'M GONNA STEP IN BECAUSE I WANT THERE TO BE PEACE.
SO THE THE REALITY IS THAT IF I KNOW, IF WE KNOW, HEY, JAY AND GINA, THERE, THERE IS WATER, THERE'S PUDDLES.
THERE'S NOT ONE COMPLAINT THAT I KNOW OF IN THE BOARD OR IN THE TOWN.
THEY SAY THAT THE GUY WAS GONE FOR 15 YEARS.
WELL, HE WAS THERE ANOTHER 40 YEARS THAT YOU COULD HAVE COMPLAINED ABOUT THIS FLOOD OF WATER THAT IS GOING INTO YOUR DRIVEWAY AND, YOU KNOW, IT'S COSTING YOU A LOT OF MONEY.
HOW MANY OF THE NEIGHBORS HERE WANT TO SPEAK ABOUT THIS? AND DO YOU HAVE ANYTHING DIFFERENT TO SAY TONIGHT? I I CAN ONE OF YOU SPEAK ON BEHALF OF ALL OF YOU BECAUSE BECAUSE WE'VE ALREADY DONE 50 MINUTES ON THIS.
ONE LAST THING, I AND I I I, I DO HAVE THE VIDEO.
I'M GONNA SAY ONE LAST THING ABOUT THIS.
PLEASE, PLEASE CONSIDER MM-HMM
WHAT MR. CHLA SAID ABOUT MOVING THAT DRIVEWAY CLOSER TO YOUR HOUSE.
BECAUSE THAT'S SOMETHING THAT WE, WE ARE EMPHASIZING HERE AND WE HAVE TOLD OTHER APPLICANTS IN THE PAST TO DO YEAH.
THAT, UM, IN A WAY THAT IS, YOU KNOW, WILL APPEASE THE NEIGHBOR OR AT LEAST SO THAT, YOU KNOW, YOU HAVE A LITTLE BIT MORE OF A STRIP OF LAND IN BETWEEN.
UNDERSTAND THE I APPRECIATE YOU.
WHERE YOU WOULD NEED, YOU NEED THAT TO TURN INTO THE, TO THE GARAGE.
AND I APPRECIATE EVERYONE'S CONCERN, BUT LIKE I SAID, THIS HAS BEEN THERE OVER 60 YEARS.
THERE'S BEEN A DRIVEWAY THERE.
BUT OVER 60 YEARS, THERE HAS NOT BEEN, NOT ONE COMPLAIN UNDERST IN THE TOWN.
BUT THIS WHAT, OVER 60 YEARS, THIS WHAT HAPPENS.
MANY, MANY PEOPLE DO WORK ON THEIR HOMES AND THE BILLING DEPARTMENT COMES AND SAYS, YEAH, OH, THIS IS NOT LEGAL.
RIGHT? SO YOU'RE NOT THE FIRST ONES AND I APPRECIATE THAT.
WE HAVE TO TRY TO, UM, YOU KNOW, WORK WITH BOTH SIDES.
PLEASE CONSIDER WHAT, WHAT WE HAVE SAID.
I, EVERYTHING THAT YOU GUYS SAID LAST MONTH, WE CONSIDERED IT, WE ADDRESSED THE SEVEN POINTS.
AND WE CONSIDERED EVERYTHING, WE PAID EVEN MORE MONEY THAT WE DID NOT HAVE TO APPEASE THE BOARD AND APP PIECE, THE NEIGHBORHOOD.
SO IF ANYBODY WANTS TO GIVE US A MILLION DOLLARS AND BUY THE HOUSE OFF OF US, WE'LL GIVE IT TO THEM AND WE'RE OUT OF THE NEIGHBORHOOD.
BUT THE CASES THAT WHATEVER YOU'RE SUGGESTING IS COSTING US A LOT OF MONEY, AND I THINK THAT HAS TO BE TAKEN INTO A STRONG CONSIDERATION AS WELL, BECAUSE THIS HAS BEEN THERE FOR 50, UH, FOR 60 YEARS.
COULD ONE PERSON, AND I'M GONNA PLEASE IF YOU COULD KEEP TO ABOUT 15 MINUTES, I PROMISE YOU I WOULD BE BRIEF.
FOR THE RECORD, I'M BLAZE SPIN, THE OWNER OF THE, UM, 21 PRIMROSE AVENUE, MY WIFE LORETTA.
AND BEFORE I BEGIN, I WOULD LIKE TO HAND THIS TO THE BOARD WITH YOUR PERMISSION.
[00:40:05]
OKAY.FIRST OF ALL, I HAVE TO SAY, I SAW THE LETTER TODAY THAT THE BOARD SENT.
AM I TALKING TO THE MICROPHONE? DID EVERYBODY HEAR ME? I SAW THE LETTER TODAY THAT YOU FOLKS SENT TO THE CODOS ON, UH, YES.
YOU COULD SPEAK MORE DIRECTLY INTO THE MICROPHONE.
BUT I HEARING AIDS AND I HAVE A HARD TIME.
I JUST SAW TODAY A LETTER THAT YOU FOLKS SENT TO THE CODOS ON NOVEMBER THE 14TH, LISTING SEVEN ITEMS. THE CODOS HAVE BEEN VERY DIS DISINGENUOUS WITH YOU.
THEY HAVEN'T DONE ONE THING ON THIS LIST.
I'M JUST GONNA SAY THAT NOTHING.
YOU REALIZE THAT LESS THAN A MONTH HAS PASSED SINCE.
WELL, THEY SAID THAT THEY DID.
THEY, OKAY, WELL, THEY HAVEN'T DONE ANY OF IT, SO I'M JUST LETTING YOU KNOW AND I APPRECIATE THAT.
BUT ANYWAY, MADAM CHAIR, THE MEMBERS OF THE BOARD, UM, HOPEFULLY THIS IS THE FINAL TIME I'M GONNA BE ADDRESSING YOU ON THIS ISSUE.
I TOOK THE TIME TODAY TO REVIEW THE VIDEO OF OUR LAST ENCOUNTER BEFORE THE BO BEFORE YOU AND RESPECTED YOUR INTELLIGENCE.
I WILL TRY MY BEST NOT TO BE REPETITIOUS BECAUSE I THINK I SAID EVERYTHING I HAD TO SAY AT THE LAST TIME, ADDRESS THE FLOODING AND WHAT HAVE YOU.
BUT I DO ASK YOUR INDULGENCE A SLIGHT BIT OF REDUNDANCY BECAUSE I EMPHASIZE THE POINT PURSUANT TO GREENBERG CODE OF ORDINANCES CHAPTER 2 85, ZONING, NON-CONFORMING BUILDINGS AND USES, WHICH I GAVE YOU A COPY OF THAT LAW.
THIS ADDRESSES ABANDONMENT OF PROPERTY IN THE TOWN OF GREENBURG AND WHAT HAPPENS WHEN A PROPERTY IS ABANDONED.
MRS. COTO JUST TOLD US IT'S BEEN ABANDONED.
SUBSECTION, SUBSECTION 2 85, 42 C3 CONDITIONS, QUOTE, CONDITIONS GOVERNING, NON-CONFORMING USES.
SUBSECTION THREE SPECIFICALLY SAYS, ANY NON-CONFORMING USE IF, IF DISCONTINUED FOR WHATEVER CAUSE FOR SIX MONTHS OR LONGER SHALL BE DEEMED TO BE ABANDONED AND SHALL NOT BE RESUMED INTENT TO RESUME A NONCONFORMING USE SHALL NOT CONFER THE RIGHT TO DO SO.
OUR LAST MEETING, THE, THE BOARD SUGGESTED WE TRY TO RESOLVE OUR ISSUES BY TALKING ABOUT IT.
THERE'S BEEN NO EFFORT ON THE CODOS TO DO THAT.
INSTEAD, I HAVE BEEN SUBJECTED TO FALSE ATTACKS ON MY CHARACTER.
I'D LIKE THIS BOARD TO KNOW THAT I'VE BEEN THE PRESIDENT OF THE CIVIC ASSOCIATION SINCE 1999.
AND I ALSO SIT ON A BOARD IN THIS VERY TOWN.
AND I DO NOT LIKE MY REPUTATION BEING SMUDGED, BESMIRCHED OR ANYTHING LIKE THAT WITH FALSE CONTENTIONS.
I BELIEVE I'VE EARNED MY PLACE IN THIS COMMUNITY.
THEIR CHARACTER ASSASSINATION WAS APPALLING, UNDESERVED, AND QUITE DISTURBING AND CALCULATED TO PREVAIL IN THEIR MISSION, WHATEVER THAT IS.
I KNOW THIS IS NOT A MATTER BEFORE THE BOARD, BUT WHEN PEOPLE IMPUTE YOUR CHARACTER AND INTEGRITY IN A PUBLIC FORUM, IT DOES REQUIRE SOME RESPONSE.
AND I AM SERIOUSLY CONSIDERING HAVING IT HEARD IN A DIFFERENT FORUM IN THE VERY NEAR FUTURE.
I'M THEREFORE RE RESPECTFULLY ASKING THAT THIS BOARD CONSIDER THE SECTION OF THE CODE I HAVE ALLUDED TO, WHICH DEALS WITH ABANDONED PROPERTY AND EXERCISES, POWER TO PROTECT OUR RIGHTS AS PROPERTY OWNERS AND TAXPAYERS IN THE TOWN OF GREENBERG AND BRADY OFFENDING PROPERTY INTO CONFORMANCE WITH THE TOWN CODE BY DENYING THE REQUEST FOR A VARIANCE.
AND I THANK YOU FOR YOUR TIME.
I'M JUST ONE, I'LL JUST MENTION ABOUT THAT PART OF THE CODE.
THEY'RE TALKING ABOUT THE USE OF THE PROPERTY.
SO IT'S A RESIDENTIAL USE, RIGHT? RIGHT.
SO IF THAT WERE A GAS STATION, YOUR POINT WOULD BE WELL TAKEN.
IT HAS NEVER BEEN USED MATTER IN THE WHOLE TIME I'VE LIVED HERE.
IT'S A MATTER, IT'S A RESIDENTIAL USE THAT'S PERMITTED IN A RESIDENTIAL DISTRICT.
WELL, ANYWAY, I SAY THEY, THEY'VE DONE NOTHING TO MITIGATE MY ISSUES OF THE WATER.
I, I HAVE TOLD MR. STERN THAT ABOUT MY ISSUE WITH THE WATER.
I, I WENT OUT AND I, I HAD TO RAISE, ELEVATE THE DRIVEWAY.
'CAUSE HE PITCHED IT RIGHT INTO ME WHEN HE PUT A NEW DRIVEWAY AND HE PITCHED IT RIGHT OVER TO ME.
AND I TOLD HIM, I SAID, I HAVE WATER COMING INTO MY
[00:45:01]
HOUSE.AND HE SAID, WELL, IT'S NOT MY FAULT THAT YOUR PROPERTY IS LOWER THAN MINE.
SO I JUST WENT AHEAD AND HIRED MY OWN GUY TO PICTURE IT BACK A LITTLE BIT OVER.
EVERY TIME IT RAINS HEAVY, I LOOK OUT MY BEDROOM WINDOW 'CAUSE I'M WORRIED IT'S GONNA COME IN MY HOUSE.
WOULD YOU HAVE A CERTIFIED LETTER, ANY CORRESPONDENCE WITH THE STERN AT THAT TIME INDICATING THAT YOU WERE GETTING WATER FROM HIS PROPERTY? THE ANSWER TO THAT IS NO, IT'S MR. STERN.
I GOT PICTURES OF WHAT HIS HOUSE LOOKED LIKE, THE GUY.
SO AGAIN, YOU COULDN'T TALK TO THIS MAN.
SO AGAIN, AS I SAID TO THE PREVIOUS, THE APPLICANT, WE HAVE THE FACTS THAT ARE IN FRONT OF US, PURELY THE FACTS.
AS THE CHAIR HAS SAID IT, IT'S ALMOST LIKE WEBMD.
SOMETIMES YOU GET INFORMATION AND THEN IT KIND OF TAKES YOU DOWN THE RABBIT HOLE.
THE VERY PURPOSE OF THIS APPELLATE BOARD IS TO HEAR THESE VARIANCES FOR NON-CONFORMITY AND OTHER USES.
SO WE ARE DOING EXACTLY WHAT THE LETTER OF THE LAW SAYS TO PROVIDE RELIEF WHEN DEEMED NECESSARY.
I JUST WANNA BE CLEAR WITH EVERYONE SO WE KNOW WHERE WE'RE GOING WITH THIS BECAUSE THERE'S ALSO ANOTHER MATTER ON THE TABLE AS OF WHAT IS AS OF RIGHT FOR THIS PROPERTY.
WHETHER ANYTHING IS DONE OR NOT, IT MAY NOT STILL GIVE YOU WHAT YOU'RE LOOKING FOR.
I APPRECIATE YOUR COMMENTS AND JUST HOPE THAT YOU FOLKS, UH, TAKE MY, MY OUR CONCERNS INTO CONSIDERATION WHEN YOU MAKE A DECISION.
AND I WISH YOU ALL A PLEASANT HOLIDAY.
I DO LIVE AT 17 PRIMROSE AVENUE.
I AM ON THE OPPOSITE SIDE OF, UM, 19 PRIMROSE AS BLAZE IS, THIS PROPERTY DOES AFFECT MY PROPERTY.
WHEN I AM IN MY LIVING ROOM AND MY DINING ROOM AND ON OUR DECK IN THE BACK, WE SEE THE BIG OBSTRUCTION OF THE BIG GARAGE IN THE BACK.
THERE'S NOTHING I CAN DO ABOUT THAT.
AND WE'VE MADE POINTS IN OUR LETTERS TO YOU THAT WE UNDERSTAND THAT.
UM, WE ASKED AT THE LAST MEETING AND, AND IT WAS AGREED UPON THAT THE BACK, UM, PAVEMENT BEYOND THE HOUSE WOULD BE REMOVED IN ITS ENTIRETY.
NOW I UNDERSTAND THEY'RE GOING TO LEAVE 10 FEET OF THAT SO THAT THEY CAN SUPPOSEDLY BACK IN AND BACK OUT.
WELL, THE FACT OF THE MATTER IS THAT CAN BE A PARKING LOT AS FAR AS I'M CONCERNED, AND I HAVE TO LOOK AT THE HOUSE, THE BACK OF THAT HOUSE NOW.
AND NOW YOU'RE TELLING ME I HAVE TO LOOK AT A, AT A, AT A, UH, PARKING LOT IN THE BACK THERE.
THEY'RE SAYING THEY'RE GOING TO USE IT AS A TURNAROUND SO THEY CAN BACK OUT AND GO IN.
WELL, ALL OF US HAVE TO BACK OUT OF OUR DRIVEWAYS.
AND AS FAR AS I'M CONCERNED, I'M ASKING THAT THAT 10 FOOT OF DRIVEWAY, UH, BE DECLINED BECAUSE AS FAR AS I'M CONCERNED, IF YOU CAN BACK THAT WAY AND BACK OUT, YOU CAN BACK STRAIGHT OUT, UH, IN, INTO THE DRIVEWAY AND, AND BACK OUTTA THE DRIVEWAY.
WE DON'T HAVE THE LUXURY OF A TURNAROUND.
AND, AND THAT'S NOT FAIR TO ME BECAUSE I DON'T WANT TO SEE A PARKING LOT IN THE BACK OF THEIR GARAGE.
THE SECOND THING IS, IF YOU LOOKED AT THAT DRAWING THAT THEY HAD, THEY SHOWED 15 FEET POINT, 15.2 FEET BETWEEN THE CORNER OF THE GARAGE AND THE PROPERTY LINE WITH THE SPINS ON THE FRONT WITH THE GARAGE, IT'S ALMOST 20 FEET.
SO THEY'RE ASKING FOR A 0% CLEAR CLEARANCE, ZERO FOOT CLEARANCE.
THERE'S NO REASON THAT THEY CAN'T TAKE TWO OR THREE FEET OF THAT ASPHALT OUT SO THAT THEY DO HAVE IMPERVIOUS, UH, GROUND, UH, PERVIOUS GROUND SO THAT WATERS CAN, CAN BE ABSORBED INTO THE GROUND.
UH, THE NEXT CASE ON TONIGHT'S AGENDA IS 24 32 2 79 JACKSON AVENUE.
GOOD EVENING, MEMBERS OF THE BOARD.
MY NAME IS WILLIAM SCHNEIDER WITH PSNS ENGINEERING, REPRESENTING ESCAPING GARDENS, THE OWNER OF 2 79 JACKSON AVENUE.
AND WE WOULD LIKE TO RESPECTFULLY REQUEST AN ADJOURNMENT TO THE NEXT MEETING.
WE'LL HAVE TO, I GUESS WE VOTE, WE'LL VOTE ON THAT.
I THINK WE'LL JUST VOTE ON IT AT THE END.
[00:50:02]
OKAY.DON
BE ADJOURNED TO THE MEETING OF JANUARY 16TH, 2025.
OH, WE'RE GONNA TAKE A BRIEF BREAK.
WE'RE GONNA, WE'RE GONNA MOVE FORWARD.
UM, THE NEXT CASE ON TONIGHT'S AGENDA IS A NEW CASE, CASE NUMBER 24 34 9 EASTERN ROAD.
WE'VE LIVED IN GREENBURG, UM, FOR 17 YEARS.
UM, WE'VE BEEN THERE ABOUT SIX YEARS.
WE ARE HERE TO ASK FOR A SETBACK VARIANCE FOR OUR DECK.
UM, WHEN WE PURCHASED THE HOME, I'M NOT SURE WHY, BUT THE TITLE SEARCH DID NOT PULL UP THAT THAT DECK HAD NOT BEEN PERMITTED.
AND SO WE WERE UNAWARE AND JUST LEARNED A BIT.
UM, AND, UH, WE HAVE OUR ARCHITECT HERE.
UM, SO IF THERE ARE ANY, UH, QUESTIONS ABOUT THE SPECIFICS OF IT, HE CAN ANSWER THOSE.
I'M AN ARCHITECT HERE IN TOWN IN GREENBERG.
UM, SO MR. AND MRS. GOLDBERG'S DAY, UH, PURCHASED THIS HOUSE, UM, I BELIEVE NINE YEARS AGO.
AND, UM, AND, UM, APPARENTLY, UM, IN THE TITLE SEARCH, UM, THE DECK THAT THEY HAVE ON THE LEFT SIDE OF THEIR PROPERTY, WHICH WOULD BE THE SOUTHERLY SIDE ON THE PLOT PLAN, ON THE SURVEY, UM, IT FELL UNDER THE RADAR AND THEY WERE NOT AWARE OF IT.
UH, SUBSEQUENTLY THEY ADDED APPROXIMATELY 10 FEET ALIGNED WITH THE SAME LINE OF THE DECK THAT YOU HAVE.
SO, UH, IN SHORT, UH, WE ARE, UH, IN FRONT OF THE, OF THIS BOARD TO RESPECTFULLY REQUEST, UH, A VARIANCE RELIEF.
UH, THE PERMITTED, UH, SIDE SETBACK OF THE DECK WOULD BE SIX FEET.
AND INSTEAD WE ARE ASKING, UH, FOR A RELIEF OF 2.6, 2.7 FEET.
AND OUR PROPOSED SETBACK WOULD BE, UH, 3.3 FEET AND EXISTING.
UH, AND THAT IS CURRENTLY EXISTING.
SO BASICALLY I WOULD ALMOST CALL IT A LEGALIZATION AT THIS POINT.
UM, I ALSO WOULD LIKE TO REITERATE THAT EVERY OTHER PARAMETER AND ZONING CODE IS BEING RESPECTED.
UH, WE ARE COMPLYING, UH, WITH ALL THE OTHER SETBACKS.
THE HEIGHT IS NOT CHANGING AND, UH, THE SQUARE FOOTAGE AND IMPERVIOUS SURFACES ARE WELL UNDER THE REQUIRED AND ALLOWED PARAMETERS BY THE ZONING CODE IN THIS DISTRICT.
AND IT'S AN R 7.5 DISTRICT, BY THE WAY.
THE TOTAL PROPERTY SIZE IS 7,500 SQUARE FEET.
ANY QUESTIONS? SO YOU SAID THIS IS A HEAVILY WOODED AREA.
IS THAT ON THE SIDE WHERE THE DECK IS? IT'S WOODS ON THAT SIDE, OR IS THERE A NEIGHBOR OVER THERE? OKAY.
AND THERE ARE THE TREES AND STUFF THAT ARE ALONG THE SIDE OF THE PROPERTY.
ARE THEY YOURS OR THEY'RE THE NEIGHBOR'S.
CAN, CAN YOU HEAR HER? I'M SORRY.
NO, I HEARD, I HEARD, I HEARD HER.
YOU, SO I'M, YOU HEARD HER RIGHT? OKAY.
DO YOU HAVE LETTERS FROM YOUR NEIGHBORS? ANY I DO NOT BELIEVE SO.
NOBODY'S HERE AS FAR AS WE KNOW.
DO YOU KNOW YOUR NEIGHBORS? YES.
UM, AND THEY, THEY BOUGHT THEIR HOUSE BEFORE WE BOUGHT OUR HOUSE, SO
[00:55:01]
THEY'VE LIVED THERE THE WHOLE TIME WITH THAT DECK THERE.AND YOU ARE GONNA REMOVE THE UNDERNEATH THE DECK.
YOU'RE GONNA REMOVE THE SHEATHING? IT SAYS, OR LIKE, ARE YOU GONNA CHANGE ANYTHING ON THE DECK? WELL, WE'RE NOT LOOKING TO CHANGE IT.
SO YOU'RE GONNA JUST LEAVE IT AS IT IS.
YOU'RE JUST TRYING TO GET IT LEGALIZED.
'CAUSE YOU'RE DOING OTHER WORK AND OH, YEAH, I GET IT.
ON THE OTHER OPPOSITE SIDE OF THE PROPERTY, THERE IS A OKAY, I GET IT.
IT IS, IT IS A TRACK STACK, I THINK IS YEAH.
UM, DOES ANYBODY HAVE ANY OTHER QUESTIONS? NO.
I THINK YOU ASKED THE ONE THAT I THINK YOU ASKED THE ONE THAT I WAS GOING TO ASK, SO I'M GOOD.
IS THERE ANYBODY, UM, IN THE AUDIENCE THAT WANTS TO SPEAK ON THIS MATTER? OKAY, THANK YOU.
UM, THE NEXT CASE ON TONIGHT'S AGENDA IS CASE NUMBER 24 35 1 TERESA LANE.
I'M NOT GONNA SAY NAMES BECAUSE RICHARD.
OH, IS THERE ANYBODY HERE? SORRY.
I'M A PROFESSIONAL ENGINEER AND I'M HERE TONIGHT REPRESENTING THE APPLICATION, UH, FOR ONE THERESA LANE.
UM, IT IS AN APPLICATION, A ZONING BOARD APPLICATION FOR A VARIANCE FOR A PATIO IN THE FRONT YARD.
UM, MAYBE I'LL BACK UP A LITTLE BIT, GIVE YOU A LITTLE HISTORY.
UH, A FEW MONTHS BACK, ACTUALLY, IT WAS ABOUT SIX OR SEVEN MONTHS BACK NOW, UM, THERE WAS SOME VIOLATIONS ISSUED TO MY CLIENT.
UM, ONE OF 'EM BEING, HAVING A PATIO IN THE FRONT YARD WITHOUT A PERMIT.
UH, THERE WAS ANOTHER ONE FOR, UH, MOVING DIRT, UM, IN THE BACKYARD.
AND A THIRD ONE FOR, UM, WATER, WATER, WATER PROBLEM FOR THE NEIGHBORS, WATER FOR THE NEIGHBORS.
THOSE ARE BEING ADDRESSED ACTUALLY, THE ONE FOR THE, UM, THE ONES IN THE COURT.
WHICH ONE'S IN THE COURT, WHICH ONE IS BEING, UH, ADDRESSED IN THE COURT RIGHT NOW.
UM, THE WATER, THE WATER ISSUE, WATER ISSUE.
THE PATIO IS BEING ADDRESSED IN THE COURT RIGHT NOW BECAUSE THEY, THEY DID THE WORK WITHOUT A PERMIT.
UM, SO WHAT WE WOULD LIKE TO DO IS ADDRESS THESE ISSUES, UH, AS FAR AS THE PATIO IN THE FRONT YARD WITHOUT A PERMIT.
WE GOT THE COMPLAINT FROM THE NEIGHBORS.
THIS IS BROUGHT UP FROM A COMPLAINT.
ORIGINALLY BROKE FROM A COMPLAINT FROM THE NEIGHBORS THAT THE, UH, THEY WERE GETTING WATER, AN EXCESSIVE AMOUNT OF WATER COMING DOWN FROM THE HILL.
I DON'T KNOW IF YOU GUYS REALIZE WHERE THAT THERESA LANE IS.
IT'S RIGHT OFF OF FORT HILL ROAD.
ON THE CORNER, CORRECT? YES, SIR.
UM, SO IN THE BACK OF HIS PROPERTY, IT SLOPES DOWN THE WATER.
THEY CALLED THE, UH, THE, SOMEBODY CALLED THE GREENBERG, UH, BUILDING DEPARTMENT.
THEY WENT OUT THERE, THEY ISSUED SOME VIOLATIONS TO MY CLIENT.
UH, AGAIN, THEY'RE BEING ADDRESSED IN THE COURT RIGHT NOW.
UM, SOME OF, ONE OF 'EM, A COUPLE OF 'EM I THINK WE CAN ADDRESS TONIGHT.
UM, BUT WE'LL HAVE THAT WAIT AND SEE.
THERE'S, UM, THERE'S PIPES THAT WHEN I WAS CALLED, I WAS HIRED,
[01:00:01]
THERE WAS, UH, TWO PIPES THAT WENT DOWN TO, FROM MY NEIGHBOR OR MY CLIENT'S PROPERTY DOWN TO, UH, THE PROPERTY BELOW.ONE OF THEM, THERE WAS NOTHING.
IT WASN'T EVEN CONNECTED TO ANYTHING.
IT'S JUST A PIPE JUST LAYING ON A SLOPE.
THE SECOND ONE IS COMING FROM ACTUALLY THE NEIGHBOR'S PROPERTY ON, ON, UH, THERESA LANE, NOT MY CLIENT'S PROPERTY.
UH, I, I WENT OUT THERE LAST WEEK OR TWO WEEKS AGO AND I FOLLOWED IT UP AND IT IS DEFINITELY FROM THE, UH, THE NEIGHBOR'S PROPERTY AND NOT MY CLIENT'S PROPERTY.
SO, UH, THAT CAN BE ADDRESSED EASILY, I HOPE.
UM, NOW, TONIGHT THERE WAS SOME OTHER STUFF THAT WAS BROUGHT UP TO ME THAT I DIDN'T EVEN KNOW ABOUT.
UM, BUT IT CAN BE, I THINK IT CAN BE ADDRESSED AS WELL.
I'M SURE THEY'RE GONNA WANNA SPEAK ON IT.
UM, THOSE TWO PIPES ARE NOT, THERE'S ONLY ONE OF THEM THAT IS COMING FROM THE NEIGHBOR'S PROPERTY.
UM, WHAT CAN WE, CAN WE FOCUS ON THE, THE VARIANCES? SURE.
DISCUSS THE PATIO AND THE FRONT YARD.
WHAT YOU'RE, WHAT WHY YOU NEED THE VARIANCES.
THE, THE PATIO IN THE FRONT YARD, IF YOU ACTUALLY, IF YOU LOOK AT THE PROPERTY, IT'S, IT'S KIND OF AN ODD SHAPED PROPERTY.
IT'S GOT A LITTLE PROPERTY IN THE FRONT.
IT'S GOT A, THEN IT'S GOING A LOT OF STAIRS THAT GO DOWN FROM THE FRONT DOWN TO THE, UH, TO THE BACKYARD.
AND IF YOU SEE ON THE, UH, THE SURVEY, UH, YOU SEE THE STAIRS, HOW MANY STAIRS THERE ARE, IT COMES DOWN ON THE LEFT HAND SIDE OF THE HOUSE.
AND THEN IT TURNS AND IT COMES DOWN THE BACK OF THE HOUSE, THERE'S A LOT OF STAIRS.
IT, ITS, UH, IT, IT'S IMPOSSIBLE FOR ANYBODY TO ACTUALLY GO UP AND DOWN THOSE STAIRS MORE THAN ONCE WITHOUT A DEFIBRILLATOR.
SO THE THING IS, UH, SORRY, JUST STATE YOUR NAME PLEASE FOR ME.
I'M, I'M THE OWNER OF THE PROPERTY.
UM, ACTUALLY WHAT HAPPENED IS I HAVE FOUR KIDS, UM, THREE OF THEM ARE THE BASKETBALL TEAM IN THE SCHOOL.
SO, UH, AND MY DAUGHTER HAD A BAD FALL, LIKE TWO YEARS BEFORE, LIKE 4 24 FEET, UH, WHILE DOING THE ROCK CLIMBING.
AND SHE HAD A CERVICAL ISSUE, SO SHE CANNOT CLIMB THE STEPS.
SO SHE WANT TO PLAY, THERE IS NO PLAY, THERE IS NO, UH, SPACE IN THE FRONT.
SO, UM, I LITERALLY, UM, EXTEND THE PATIO A LITTLE BIT TO PLAY FOR HER, AND I INFORMED THEM WE ARE DOING THAT ONE.
UM, AND, UH, UM, MY KIDS ALSO WANT TO PLAY BECAUSE IT IS LIKE A SLOPE UP.
UM, LIKE THEIR HOUSE IS LOWER THAN MY HOUSE, SO THE WATER IS GOING TO THEIR HOUSES.
SO, UH, I KNOW, I I, I'M, I'M GONNA DO A DRY WELL, BECAUSE WE, THE CASE IS ALREADY GOING ON, SO WE ALREADY TALK ABOUT IT.
WE, WE GOT THE PERMIT TO DO THAT DRY WELL IN THE BACKSIDE.
SO THE WATER PROBLEM WE ARE GONNA FIX SOON BECAUSE WE GOT THE PERMIT JUST NOW TO FIX THAT ONE.
UM, IN FRONT THERE IS NO SPACE TO WALK, SO I DID LITTLE BIT, UM, UM, UH, FROM THERE TO PLAY FOR HER, MY, MY DAUGHTER.
SO PLEASE GRANT THAT, UM, PATIO FOR ME KINDLY.
UM, AS FAR AS THE VARIANCE IS CONCERNED WITH THE FRONT YARD OR THE, THE PATIO IN THE FRONT YARD, UM, THERE'S ABOUT SIX FEET DIFFERENCE BETWEEN THE, THE GRADE LEVEL, THE STREET LEVEL, AND WHERE THE PATIO IS.
UM, YOU CANNOT SEE, YOU CANNOT SEE THIS PATIO FROM THE ROAD.
IT'S IMPOSSIBLE FOR YOU TO SEE IT.
THERE'S NO SIDEWALK OVER THERE, SO THERE'S NO, TYPICALLY THERE'S NOBODY WALKING IN FRONT OF THE, UH, PROPERTY.
UM, YOU'D HAVE TO ACTUALLY GO OVER TO THE EDGE OF THE ROAD AND LOOK DOWN, STRAIGHT DOWN TO SEE THE, SEE THE PATIO.
IT CANNOT BE SEEN FROM THE STREET.
UM, AGAIN, THE, THE, THE PROPERTY HAS BASICALLY DIFFERENT LEVELS.
HE'S GOT THE LEVEL IN THE FRONT, WHICH IS NOT A BIG AREA.
UM, AND THEN IT'S THE, THERE'S A LOT OF STEPS THAT GO FROM THE SIDE OF THE HOUSE AROUND THE, TO THE BACK OF THE HOUSE AND THEN TO THE BACKYARD.
AND THE BACKYARD IS NOT THAT LARGE AND IT ACTUALLY SLOPES AWAY AS WELL.
BUT THE, UM, SO WE ARE ADDRESSING, WE'RE TRYING TO ADDRESS HIS ISSUE OR, OR THEIR ISSUE OF HAVING SOME PLACE TO GO OUTSIDE, UH, WITHOUT HAVING TO CLIMB AGAIN.
THE AMOUNT OF STAIRS THAT, UM, THAT COME DOWN THE LEFT HAND SIDE, AND THEY'RE UP AROUND THE BACK OF THE HOUSE TO THE, TO THE REAR.
UM, WE, UM, SO THAT'S WHY HE HAS THE, UH, THE PATIO IN THE FRONT.
UM, HE ALSO HAS INSTALLED, UH, BUSHES ALONG THE, UH, ALONG
[01:05:01]
THE, UH, FRONT OF THE PROPERTY, UM, TO TRY TO, UM, MITIGATE THE, ANY KIND OF IMPACT THAT THIS, UH, THIS DIFFERENCE IN ELEVATION MAY HAVE.UM, AND THERE WAS A, THERE WAS ANOTHER, THERE'S ANOTHER VARIANCE THAT, THAT WE, UH, THAT THEY HAVE OVER HERE.
UH, THE DISTANCE FROM THE, UH, IT'S LOCATION, IT'S 2 85 36 J.
2 85 DASH FIVE SAYS THAT I CAN HAVE A PATIO WITHIN 10 FEET OF A PROPERTY LINE.
AND THEN THERE WAS ANOTHER, UH, VIOLATION GIVEN UNDER 2 85, 36 J.
IT SAYS LOCATION OF ACCESSORY, USED PATIO SIDE OR REAR YARD.
IT'S A LITTLE CONFUSING BECAUSE OF THE FACT THAT THE CODE ALLOWS ME, EXCUSE ME, WHILE I TRY TO FIND THIS NOW, IT'S HARD GOES EMBARRASSING.
OH, WE DO HAVE, UH, LETTERS FROM THE NEIGHBORS UP FRONT, UP TOP, UM, APPROVING, UH, THE WORK THAT WAS DONE ON, ON THE FRONT FOR THE PATIO.
I DON'T KNOW IF, UH, JUST WE'LL GIVE THIS TO YOU AS WELL.
OH, DO WE, WE DON'T HAVE THESE.
NO, THEY WOULD JUST GIVE IT TO ME.
THIS IS ONE THAT'S FOUR, THAT'S FOUR FOR ARMY.
I HAVE NO IDEA WHAT TO DO WITH THAT, MAN.
WHAT WAS THAT?
OH, HERE, JUST I GOT, I I HAVE A, I HAVE A COUPLE QUESTIONS WHILE YOU'RE LOOKING FOR WHAT YOU LOOK FOR.
UH, 2 85, 36 J LOCATION OF ACCESSORY USES, UNLESS OTHERWISE SPECIFIED.
ALL ACCESSORY USES PERMITTED IN THIS CHAPTER SHALL BE LOCATED IN THE PRINCIPAL BUILDING OR IN THE SIDE OR REAR YARD.
SPECIFIED IN SECTION 2 85 DASH FIVE, IT SAYS, AN UNC UH, PATIO IS DEFINED AS AN UNCOVERED FLAT AREA, UH, AT GRAY LEVEL OR BUILT UP PLATFORM OF EARTH AND OTHER NATURAL MATERIAL SURFACE AND FLAGSTONE, BLAH, BLAH, BLAH, BLAH, BLAH.
AND MAY BE LOCATED WITHIN 10 FEET OF ANY LOT LINE OR ANY REQUIRED BUFFER AREA.
SO I'M SAYING THAT THAT 2 85 5 ALLOWS ME TO PUT THE PATIO IN THE FRONT YARD AND 2 85 DASH 36 J UM, ALLOWS ME TO KEEP IT BECAUSE IT SPECIFIED SOMEWHERE ELSE IN 2 85 DASH FIVE.
THAT WOULD BE AN INTERPRETATION QUESTION FOR US, WHICH I DON'T THINK YOU ASKED FOR
WELL, I MEAN, IT'S, UH, THE QUESTION IS, DID YOU RAISE THIS WITH THE BUILDING INSPECTOR? WELL, THEY'RE, THEY'RE THE ONES THAT TOLD ME ABOUT IT.
DID, DID, DID YOU APPEAL? WELL, DID YOU RAISE THIS ISSUE WITH THE BUILDING INSPECTOR BEFORE THE DENIAL LETTER WAS ISSUED? UH, I DON'T KNOW WHEN IT WAS, WHEN IT WAS, UH, RAISED.
SO THE QUESTION IS, YOU ARE, IT SOUNDS LIKE YOU ARE APPEALING THE DETERMINATION THAT YOU NEED THAT BEARING.
THAT THEN WOULD HAVE TO BE RENO.
YOU, YOU SHOULD AMEND THE APPLICATION TO REFLECT AN APPEAL FROM THE DECISION OF BUILDING PERSPECTIVE.
I BUT MEAN, IF YOU WANT, IS THIS SOMETHING WE CAN JUST DO RIGHT NOW? NO.
SO WHERE DID WE GO FROM HERE THEN? WHAT DO YOU WANNA ASK? WE WANT, WE HAVE TO, I MEAN, WELL, YOU MIGHT NOTICE IT IF THAT'S GONNA BE YOUR ARGUMENT.
IT'S DEFINITELY, IT HAS TO BE MY ARGUMENT.
THEN AS A FAIR, COMPLETE, WE HAVE TO THEN RE-NOTICE IT SO THAT PEOPLE CAN, IF THERE WAS ANY OPPOSITION TO THE DETERMINATION BEING WRONG, IF THEY WANTED TO COMPLAIN ABOUT THAT, THEN THEY COULD HAVE AN OPPORTUNITY TO SPEAK ON THAT.
BUT MY, MY ANSWER CAN'T BE TO THE,
[01:10:01]
UH, THE NOTICE 'CAUSE IT'S ON THE NOTICE OF, OF WHAT WE'RE THE VARIANCES WE'RE SEEKING? SEEKING.WELL, THE ISSUES, WHAT YOU JUST SAID IS, IS ASKING US TO INTERPRET SOMETHING.
YOU WOULDN'T THEN NEED A VARIANCE.
THAT'S SO THAT WELL, YOU WOULDN'T NEED ONE OF THE VARIANCE.
YOU WOULD NEED ONE OF THEM IF YOU, BUT GO AHEAD, ASK YOUR QUESTIONS.
UM, A COUPLE THINGS IS, UM, YOU HAD SAID THAT YOU, UM, NEEDED THIS IN THE FRONT YARD VERSUS THE BACKYARD BECAUSE YOU HAVE SOMEONE IN THE HOUSEHOLD WITH MOBILITY ISSUES.
BUT THERE WERE A LOT OF STAIRS YES.
SO HOW IS THAT DIFFERENT FROM THE BACK? WELL, I MEAN, THERE IS A SLOPE.
THERE'S A, UM, UH, THERE'S A STEPS IN FRONT TOO, BUT, UM, THERE IS A SLOPE TOO.
AND THEN IS THERE ACCESS, HOW LARGE IS THE ACCESS FROM THE DRIVEWAY? I MEAN, IS THIS, IS THIS LARGE ENOUGH THAT YOU COULD PARK A CAR ON IT? YES.
NO PATIO? NO, THE, ON THE PATIO? UH, NO.
WE JUST WANT, AND THE KIDS WANT TO DO SOME, UM, BASKETBALL.
SO THAT'S WHY, JUST FOR MY RECORD, HOW LARGE IS THIS PATIO? UH, 615 SQUARE FEET.
AND THEN, UM, THE HEDGES THAT YOU SAID, ARE THEY ALONG THE STREET YES.
THAT YOU PUT IN AND HOW WE DIDN'T PUT THE STREET IN, OBVIOUSLY.
AND HOW TALL ARE THEY? UH, RIGHT NOW THEY'RE ABOUT THREE FEET.
BUT OBVIOUSLY THEY'RE EVERGREEN TREES AND THEY GROW PRETTY RAPIDLY.
YEAH, I CAN SEE 'EM THERE IN THE TOP PICTURE.
OH, SEE, THOSE ARE, THAT WAS WHAT I HAD QUESTIONS.
SO I, I CALCULATED FROM THE NUMBER OF STEPS THAT I SEE THERE, THAT THAT'S LIKE A SIX FOOT EIGHT, UH, DROP FROM THE STREET TO THAT PATIO LEVEL.
UH, I THINK I JUST, I, YEAH, SIX TO EIGHT FEET, I SAID.
SO THAT'S HERE, RIGHT? YEAH, THE PATIO, THE STREET IS LIKE UP HERE.
AND THIS IS THE PATIO DOWN THERE? MM-HMM
WE'LL HEAR FROM THE, UM, THE NEIGHBORS.
UM, CAN I MENTION SOMETHING BEFORE, BEFORE HE COMES UP? THAT'S IT.
BEFORE WE'RE NOT, UM, WE'RE NOT, I DON'T BELIEVE WE WANT, WE'RE NOT FIGHTING THESE GUYS AT ALL.
UM, WE JUST WANTED TO TRY TO GET IT DONE, GET IT, YOU KNOW, GET ALONG, UM, WHATEVER IT HAS TO BE DONE.
UM, MY CLIENTS AGREED THAT, SO STICK AROUND AND OH, ABSOLUTELY.
AND THEY, MAYBE JUST, JUST A REMINDER, WE'RE HERE TO TALK ABOUT THE FRONT PATIO.
SO ANYTHING WITH PIPES OR THE PATIO IN THE BACK IS NOT WHAT WE'RE HERE FOR.
HI, MY NAME IS MARK BE, THIS IS MY WIFE, MUJI BOW.
THIS, UH, WE LIVE AT 15 FORT HILL ROAD, WHICH IS ESSENTIALLY BEHIND THEIR PROPERTY.
UH, WE BOUGHT OUR HOUSE IN 2019.
UH, NEVER HAD ANY PROBLEMS. UM, THEY TOOK IT OVER THEIR PROPERTY IN 2021, AND ONCE THEY STARTED TO ALTER THE PROPERTY AS A WHOLE, WE'VE STARTED TO HAVE AN ENORMOUS AMOUNT OF WATER PROBLEMS JUST KIND OF CASCADING FROM THEIR PROPERTY TO THE BACK.
NOW, YOU CAN ATTRIBUTE THAT THESE ISSUES COULD BE BECAUSE OF THE WAY THAT THEY CHANGED THE SLOPE IN THE, OR BECAUSE OF THE ALTERATIONS THAT THEY DID IN THE FRONT, THAT EVERYTHING WAS BEING DONE SIMULTANEOUSLY.
UM, BUT I HAVE A VIDEO THAT I COULD, A VIDEO THAT I CAN PRESENT TO YOU GUYS ON THE PHONE SO YOU CAN SEE THE AMOUNT OF WATER THAT'S REALLY COMING DOWN AND, YOU KNOW, SURE.
I'M SURE YOU GUYS ARE ADDRESSING THE FRONT ISSUE, WHICH AGAIN, WE CONCERN ARE MORE CONCERNED WITH THE, I GUESS WITH THE AMOUNT OF WEIGHT THAT'S, THAT'S BEING HELD BY THE BORDER BETWEEN OUR PLANTS, BETWEEN OUR PROPERTIES, UM, WHICH HAS CREATED THIS KIND OF SITUATION HAPPENING.
UNFORTUNATELY FOR US, SINCE WE'RE AT THE BOTTOM COMPARED TO THEM, WHATEVER THEY DO DOES AFFECT US.
AND WHILE THE PATIO IS IN THE FRONT OF THEIR HOME MM-HMM
AND THEREFORE NOT DIRECTLY AFFECTING US, WHATEVER THEY DO DOES CAUSE THE EFFECT.
SO, BECAUSE THERE'S ALSO THE MENTION ON
[01:15:01]
THEIR APPLICATION ABOUT THE STORM WATER MANAGEMENT, I AM A BIT WORRIED BECAUSE THERE'S ALSO THE MENTION OF THE BACKFILL IN THE BACKYARD.AND IF THE SOLUTION TO THE PROBLEM IS DENYING THAT THERE'S A PROBLEM, THEN THERE'S GONNA BE MORE PROBLEMS FOR US.
IS THIS, I DON'T ALLOW MY CHILD TO PLAY IN THE SIDE YARD BECAUSE THERE IS THE CONSTANT WORRY THAT THEIR YARD, THE GRAVEL THAT THEY PUT WITHOUT ANY KIND OF RETAINING WALL TO HOLD IT IN PLACE, IS SLIDING DOWN.
IT'S THE PLANTS ARE SLIDING DOWN AND EVERYTHING IS CRUSHING, WHICH IS FINE AS LONG AS IT'S JUST SHRUBS, BUT IT'S JUST A MATTER OF TIME THAT IT STORM THAT SOMETHING ELSE IS GOING TO HAPPEN.
SO THE WATER IS ONLY A PART OF THE PROBLEM AS THE ENTIRE BACKYARD MIGHT COME.
SO AS LONG AS THEY HAVE SOMETHING TO HOLD IT IN PLACE.
WE'VE HAD THIS ISSUE HAPPEN WITH, FOR TERESA LANE, WHEN WE HAD IDA IN 2021, THIS IS BASICALLY WHAT CREATED US BEING SO NERVOUS ABOUT THE SITUATION.
OUR RETAINING WALL IS 70 FOOT RETAINING WALL COLLAPSED, AND WE HAD THE MOUNTAIN OF DIRT THAT WE WERE HOLDING BASICALLY FALL ALL THE WAY TO THE FRONT OF THE HOUSE, BASICALLY FROM THE BACK ALL THE WAY TO FORT HILL FIXED.
SO WE FIXED ALONG WITH WATER THAT WE JUST STILL WANT THE SIZE OF THE HOUSE TO COME.
BECAUSE IF YOU SEE THE ORIGINAL PICTURES AND WE HAVE THEM, YOU CAN SEE THAT THEY HAD A NATURAL SLOPE AND NOW THEY NO LONGER DO.
IT'S VERY MUCH FILLED TO ALMOST THE TOP OF THEIR FENCE.
WE'RE NOT FIGHTING OR ANYTHING.
WE WANT TO RESOLVE THIS IN A WAY THAT'S NOT GOING TO, YOU KNOW, END UP, I JUST DON'T WANT THEIR YARD TO END UP IN MINE.
BUT IT'S NOT JUST THAT IT'S TREES.
TREES CAN FALL ON OUR, ON OUR HOUSE AND YEAH.
BECAUSE THEY'RE ALWAYS LEANING NOW 'CAUSE OF THE ADDED WEIGHT AND THE PRESSURE.
SO WHATEVER ELSE THEY DO ADDS MORE TO IT.
AND BECAUSE WE'RE AT THE BOTTOM, WE'RE GONNA BE THE ONES SUFFERING JUST CLARITY.
IF, IS IT OKAY IF I CAN SHOW YOU GUYS A VIDEO? I DIDN'T EMAIL ANYTHING, BUT YOU CAN JUST IT HERE JUST TO SHOW YOU HOW THE WATER'S COMING DOWN ON THE RECORD.
I MEAN, IT'S BETTER IF YOU DO EMAIL IT.
IF I WHAT? IF YOU DO CAN SEND IT TO, UM, WHAT'S I BRING THE PICTURES? YES.
WE'D HAVE TO BE ABLE TO HAVE IT ON THE RECORD ALSO.
SO IF YOU JUST SHOW US THE PHONE, IT'S NOT ON, HOW CAN I EMAIL IT NOW? SO YOU COULD EMAIL IT TO RA.
FORT HILL OR THIS IS THEIR HOUSE.
IT'S IN THE BACK OF IT TO THE, LOOKING AT THE HOUSE TO THE RIGHT OF THE HOUSE.
THAT'S WHAT I WAS TRYING TO FIGURE HOW THIS ASKING QUESTION.
ASKING QUESTION, THIS IS THEIRS.
AND IN THE APPLICATION THEY SAID THAT THEY DIDN'T PUT THE FILL.
I MEAN, YOU CAN SEE IT FROM THE STREET ELEVATION CHANGES AND SHOWING THIS WATER THIS WAY, THIS, THERE WAS A LOT OF WOOD DEBRIS THAT THEY DID REMOVE, WHICH WAS VERY NICE.
THEY MOVED ALL THE WOOD, BUT THERE'S NOTHING HOLDING THE STONE.
SO I KNOW YOU'RE NOT ON THE MICROPHONE, BUT WHEN YOU DO GO BACK TO THE MICRO FOR THE RECORD, ARE YOU PROPOSING THAT THIS PATIO IS CAUSING THE WATER TO YOUR PROPERTY? WE DON'T KNOW.
SO WE'RE GUESSING EVERYTHING WHEN YOU START CHANGING THINGS, THIS IS HOW IT USED TO BE.
AND YOU CAN SEE THE, THEIR FENCE ORIGINALLY, RIGHT? THE LENGTH AND YOU CAN SEE UNDERNEATH.
THAT'S, THIS WHITE FENCE IS HERE.
I, I EMAILED IT SO YOU GUYS WILL SEE THIS, BUT, BUT THEY DID CLEAN THE WOOD DEBRIS HERE IN THIS VIDEO.
THIS WALL RIGHT HERE IS LITERALLY RIGHT IN THE BACK MANAGEMENT OF THEIR, SO ALL THAT WATER DRAINAGE IN THE BACK SEE IT.
THAT IT'S JUST LITERALLY LIKE COMING DOWN CASCADE.
AND THAT, THAT'S KIND OF IS, IS, I SHOULD SPEAK ON THAT.
I'M JUST, IF YOU GO BACK THE, UM, HOPING THAT THIS, SOME OF THESE ISSUES ARE BEING ADDRESSED WITH SOME OF WHAT, UM, THIS GENTLEMAN, WE SOLD THE EMAIL.
I MEAN, WE SOLD THE APPLICATION, I'M SORRY, BACK TO THE MICROPHONE PLEASE.
WE SAW THE OPEN APPLICATION AND IT STATES THAT THEY DIDN'T, THEY DIDN'T, UH, DUMP ANY OR PUT ANY FILL THERE.
AND THAT'S WHY WE WANTED TO COME BECAUSE THEY, I MEAN, YOU CAN SEE IT IN THE PICTURE, YOU CAN SEE IT FROM THE STREET.
THERE'S DEFINITELY A LOT OF STUFF THERE THAT, THAT WASN'T THERE BEFORE.
SO, AND NOTHING TO HOLD IT BACK.
THAT'S THE MAIN REASON WHY, THAT'S THE MAIN REASON WHY WE CAME.
BECAUSE IT'S INCLUDING THE, AS MUCH AS YOU GUYS ARE JUST TALKING ABOUT THE FRONT PATIO, THIS IS INCLUDING THE BACK OF THE PROPERTY, WHICH AFFECTS US AND THESE STATEMENTS.
SO UNFORTUNATELY, EVERYTHING IS KIND OF TIED
[01:20:01]
IN TOGETHER BECAUSE OF THE WATER ESPECIALLY.ANY QUESTIONS? NO, I DON'T THINK SO.
UM, AS FAR AS THE WATER ISSUE IS CONCERNED, I DUNNO IF YOU GUYS LOOKED AT THE PLAN AT ALL, BUT WE, WE, WE HAVE ADDRESSED THE, UM, THE WATER ISSUE FROM THE INCREASE IN PURVIEW SURFACE FROM THE FRONT.
WE HAVE DRY WELLS, UH, GOING IN THE BACK AND, UH, WITH AN OVERFLOW GOING OUT TO FORT HILL ROAD, UM, WHICH IS STANDARD PRACTICE.
UM, SO THAT WATER'S BEING ADDRESSED AGAIN.
THE, UH, WHAT SHE, THE NEIGHBORS BEHIND THEM ARE JUST MENTIONING TONIGHT.
UH, I KIND OF DID NOT KNOW THE WHOLE FULL SCOPE OF THAT.
UM, BUT THAT'S KIND OF NOT WHAT IS HERE, BUT I THINK WE CAN ADDRESS THAT, UH, PRIVATELY.
UM, I THINK THAT'S PRETTY MUCH ALL I HAVE TO SAY.
ALL OTHER THAN UNLESS, UH, YOU WANNA GIMME APPROVAL TONIGHT, WE'LL HAVE TO DISCUSS IT.
WELL, UNLESS HE DOESN'T WANT TO DO THE INTERPRETATION.
SO, SO THAT YOU WOULD THEN LEAVE IT UNDER MERIT, HAVE TO AGREE THAT YOU NEED A VARIANCE AND NOT WANT TO REDO THE INTERPRETATION BY THE BUILDING DEPARTMENT.
YOU'RE GONNA LEAVE IT THE WAY IT'S, I'M AFRAID OF THE, THE DECISION WITH THAT.
YOU'RE GONNA LEAVE IT THE WAY IT IS, HUH? UNLESS YOU WANT TO TALK ABOUT THE INTERPRETATION.
YOU WOULD LEAVE IT FOR US TO VOTE ON IT AS IS.
CAN I GET A STRAW VOTE ON THAT
UM, I KNOW, UM, THAT WATER PROBLEM MAKE THEM A LOT OF ISSUES BECAUSE MY HOUSE IS A LITTLE HIGHER, NOT LITTLE WAY HIGHER THAN THEM.
SO, WATER PROBLEM WE WILL SOLVE, UM, AS SOON AS POSSIBLE BECAUSE WE JUST GOT THE PERMIT TO MAKE THE DRYWALL.
SO WE'LL MAKE A DRYWALL BACK BACKSIDE OF OUR HOUSE.
SO WE WILL FIX THE WATER ISSUES A HUNDRED PERCENT.
SO, UM, UM, PLEASE, UM, THIS FRONT YARD, PLEASE GIVE ME THE PERMIT BECAUSE THERE IS NO SPACE TO EVEN STEP OUT FROM MY HOME BECAUSE JUST BEHIND IS VERY DI DI YOU CANNOT GO WITHOUT THE STEPS.
SO MY KIDS WANT TO STEP OUT, ESPECIALLY SUMMERTIME, AND THEY WANT TO PLAY THE BASKETBALL.
PLEASE GIVE ME THE PERMIT FOR THE FRIEND YARD, THE, UH, THE PATIO AND THE WATER PROBLEM.
BUT JUST NOW SOMETHING ON THE RECORD.
SO THIS WATER PROBLEM, WE'VE BEEN DEALING IT FOR TWO YEARS, SO IT'S NOT LIKE IT JUST HAPPENED SIX MONTHS AGO AND WE'VE BEEN ASKING FOR TWO YEARS.
SO I'D RATHER HAVE IT ON THE RECORD THAT THIS HAS TO BE ADDRESSED BECAUSE WE'VE HEARD THIS BEFORE, THAT IT WAS GONNA BE FIXED.
AND WE'VE HAD OTHER SITUATIONS WHERE ALL THE DEAD WOOD, ALL, IT WASN'T DEAD.
ALL THE CHOPPED UP WOOD, ALL THE DEBRIS, ALL THE GARBAGE WAS BEING DUMPED IN THE BACK OF THE PROPERTY.
AND WE'VE ASKED THEM, HEY, THIS DEBRIS IS CRUSHING THE PLANTS.
YOU NEED TO MOVE IT BECAUSE THE, UH, BARRIER BETWEEN OUR PROPERTIES, UH, IS DYING.
AND THAT'S WHAT'S HOLDING YOU THE SLOPE OF YOUR PROPERTY.
AND IT WASN'T UNTIL THIS KIND OF HAPPENED TWO YEARS LATER THAT SOME OF THE COMPLAINTS WERE ADDRESSED.
SO AS MUCH, I'LL TAKE IT FOR YOUR WORD, BUT IT'S GOTTA GET DONE BECAUSE I CAN'T TAKE YOUR WORD AS IT WASN'T DONE BEFORE.
BUT TWO YEARS AGO I'VE ASKED YOU TO FIX IT AND YOU SAID YOU WOULD ADDRESS IT, AND I SENT YOU MESSAGES OVER TWO YEARS TO, TO FIX IT.
THE, THE WORD PROBLEM CAME BECAUSE I BOUGHT THE HOUSE TWO YEARS BEFORE.
HE TOLD ME SHAJI THE BIG HOUSE, BIG TREE, UH, IS SCARY.
CAN YOU CUT IT? BECAUSE PREVIOUS OWNER DIDN'T CUT IT.
THEN NEXT DAY, NEXT WEEK, I CALL SOMEBODY I, I CUT THAT BIG, BIG TREE.
THAT DEBRIS WAS THERE ACTUALLY, THAT, THAT DEBRIS OF THE TREE, BECAUSE I DID A FAVOR FOR THEM BECAUSE I HAVE THE SAME KID.
DOESN'T REALLY HAVE ANYTHING TO DO WITH THE PATIO.
NO, THAT IS THE PROBLEM WITH THAT, THE TREE ISSUE.
SO THE TRAIN RAIN COMES, THE WATER HAS TO GO SOMEWHERE, ALWAYS THE WATER WILL GO DOWN.
THAT, THAT'S WHY WATER GOING TO HIM.
BUT THIS HAS NOW NOTHING TO DO WITH THE WHAT WE'RE YOU'RE ASKING YOUR VARIANCE FOR.
SO I MEAN, IF YOU WANNA, YOU, YOU KNOW, MEET WITH THEM AND TALK ABOUT, YOU KNOW, HOW YOU'RE GOING TO ADDRESS THE WATER ISSUES SEPARATELY.
WELL, I, WE, WE KNOW HOW TO WE'RE GONNA ADDRESS THE WATER ISSUES.
THAT'S NOT, THAT'S NOT THE ISSUE.
SO I DON'T THINK IT'S THE ISSUE.
I MEAN, I COULD DEFINITELY TAKE CARE OF HIS WATER THAT NO WATER
[01:25:01]
FROM, UH, MY CLIENT'S PROPERTY GOES DOWN ONTO HIS PROPERTY.I MEAN, AGAIN, MY, MY, MY CALCULATIONS AND PLANS HAVE TO BE APPROVED BY THE, UH, ENGINEERING DEPARTMENT HERE AS WELL.
I MEAN, IT'S NOT JUST, UH, YOU KNOW, I'M GONNA WILLIE FREE WILL IT?
UM, REGARDING THE VARIANCES, WE WILL TAKE THEM UNDER CONSIDERATION UNLESS YOU WANT US TO, TO, DO YOU WANT TO, TO, DO YOU WANT TO HAVE RE-NOTICE IT, IT NOW OR YOU WANNA RE-NOTICE IT WITH THE, UH, INTERPRETATION OF THE, UH, THE 2 85 36 J? UH, YOU CAN STILL, YOU CAN DO BOTH.
I CAN, WELL, YOU, YOU CAN, IF WE DENY IT, ASK AND ASK FOR VARIANCE.
YOU CAN'T UHOH WE CAN'T, IT'S SHAKING.
GIVE YOU A VARIANCE UNTIL YOU DO THAT.
OKAY, THEN I, I'LL I'LL DO THAT.
SO WE'LL LEAVE IT THE WAY IT IS IF, UH, WE DON'T, IF I DON'T LIKE THE, IF THEY DON'T LIKE THE ANSWER, THEY CAN APPEAL IT.
ED, WHAT DO YOU MEAN YOU'LL LEAVE IT THE WAY IT WELL, WE'LL LEAVE IT WITHOUT THE 36 J, RIGHT? YOU WANT IT WE TWO VARIS.
SO YOU'LL NEED TWO VARIANCES, CORRECT.
OR THE TWO, RATHER THAN NOT NEEDING THE ONE.
IT DOESN'T GUARANTEE THAT THEY'LL BE READY WITH A DECISION.
MIND YOU,
UH, ALRIGHT, LET'S TAKE A CHANCE.
IF WE DON'T LIKE IT, WE CAN APPEAL IT.
IS THAT CORRECT? TO THE COURT, YOU MEAN? OH, WE CAN'T REALLY, DECISION FROM THIS BOARD IS APPEALABLE IN THE SUPREME COURT.
UM, MY SUGGESTION, MY SUGGESTION IS THAT WE PUT THIS OVER AND IN THAT MONTH THAT WE ARE RE NOTICING IT, YOU WILL MEET WITH THE TOWN ENGINEER AND DISCUSS THE WATER ISSUES WITH OR WITHOUT, MAYBE WITH THE NEIGHBORS OR WITHOUT THE NEIGHBORS, OR AT LEAST WITH THE ENGINEER WHO WILL TELL YOU WHAT YOU NEED TO DO.
AND THEN MAYBE WE CAN HAVE A GLOBAL RESOLUTION TO THIS IN JANUARY.
ALTHOUGH IT SOUNDS LIKE YOU KNOW WHAT HAS TO DO.
BUT IT WOULD BE GREAT TO HAVE THAT, UH, CONFIRMED BY THE TOWN ENGINEER.
I USED TO BE THE TOWN ENGINEER
I, I COULD TELL FROM YOUR YES.
SO WHAT ARE THEY, WHAT ARE THEY GONNA DO? VERY FUNNY.
I, UH,
SEE YOU GUYS IN, IN JANUARY? YES.
I WORK THIS, HE WAS THIS MM-HMM
SO HE'S LIKE, I KIND OF KNOW WHAT WE HAVE TO DO.
THE LAST CASE ON TONIGHT'S AGENDA IS, UH, 24 36 3 MEDFORD LANE.
AND WHAT DID THEY WANT? WE HAVE THIS, JUST NEED A MINUTE TO GET THIS OUT.
UH, SHOULD WE, SO I'M ALREADY SHARING, RIGHT? SHOULD WE HOLD FOR TWO MINUTES? YEAH.
WHAT'S IT, WHAT DID HE SAY? WE NEED A BREAK.
'CAUSE I, I DIDN'T EXPECT TO BE HERE FOR ANOTHER HOUR ANYWAY,
[01:30:01]
REALLY? SO WELL WE ONE SKIPPED MRS. VOICE CONVERSATION.
I'M AN ARCHITECT, UH, BJLA ARCHITECTS.
OUR OFFICE IS IN DOBBS FERRY, AND WE ARE REPRESENTING THE OWNER, WHICH IS MICHELLE BLOOM, WHO'S SITTING RIGHT HERE.
AND IT HAS TO DO WITH PROPERTY AT THREE MEDFORD LANE.
IT'S AREA, AREA VARIANCES, AND SOME, UH, YOU KNOW, UH, UH, SETBACK ISSUES REGARDING THE DRIVEWAY.
I DON'T THINK WE HAVE THE SAME ISSUES AS SOME OF THE OTHER DRIVEWAYS THAT HAVE GONE ON, UH, BUT LET'S GO THROUGH THAT.
SO YOU PROBABLY HAVE SEEN THE APPLICATION, BUT THE, UH, PROPERTY IS RIGHT OVER HERE.
IN TERMS OF THE, UM, IN TERMS OF THE MAP, IT'S AT THREE MEDFORD LANE, WHICH IS ON THE CORNER OF AXFORD AVENUE.
UH, AXFORD LANE AND MEDFORD LANE AND AXFORD, UM, DEAD ENDS.
SO ONE SIDE OF THE PROPERTY DEAD ENDS, AND THEN IT, UH, DROPS DOWN PRECIPITOUSLY TO CENTRAL AVENUE, UH, WITH SOME MORE DETAILS ON THAT.
SO ON THIS DETAIL MAP, YOU COULD SEE WHERE THE PROPERTY IS.
UM, SEVERAL LETTERS HAVE BEEN SENT IN WHICH YOU, UH, WHICH YOU SHOULD HAVE ALREADY, UH, FROM THE NEIGHBORS, UH, SUPPORTING THE APPLICATION FOR THE VARIANCES.
AND THOSE NEIGHBORS COME FROM THE IMMEDIATE PROPERTIES THAT ARE, UH, SURROUNDING, UM, WELL, TWO OF THEM ARE DIRECTLY ACROSS THE STREET.
ONE OF THEM IS ON, UH, THE ADDRESS IS AXFORD LANE, BUT IT'S DIRECTLY OPPOSITE THE PROPERTY.
THE PROPERTY, AS WE KNOW, BE, JUST SO WE KNOW, A NUMBER OF THE ISSUES HAVE TO DO WITH THE DRIVEWAY.
FOR INSTANCE, THE DRIVEWAY BEING 16 FEET FROM THE REAR PROPERTY.
BUT THIS IS A UNIQUE CONDITION BECAUSE IT'S NOT SIMILAR TO THE OTHER PROPERTIES THAT ARE DOWN THE BLOCK WHERE THE DRIVEWAY COMES STRAIGHT OFF THE STREET, GOES INTO A GARAGE UNDERNEATH THE BUILDING, AND THERE MIGHT BE A RESIDENTIAL PROPERTY BEHIND IT.
IN THIS CASE, IN ORDER TO GET TO THIS TWO CAR GARAGE, WHICH IS UNDERNEATH THE HOUSE IN THE BACK, YOU HAVE TO COME DOWN AXFORD LANE, TURN AROUND INTO THE DRIVEWAY AND GO INTO THE GARAGE.
BUT THE PROPERTY BEHIND THIS IS NOT A RESIDENTIAL PROPERTY.
IT'S ACTUALLY, UH, KOTS WOOD PARK.
HOWEVER, IT'S NOT REALLY DEVELOPED AS A PARK.
IT'S JUST A THOROUGHLY WOODED PROPERTY.
AND THE, UM, UH, THE LETTERS, AS I SAID, COME FROM, UH, UH, 10 AND 11, UH, AXFORD LANE AND UP THE BLOCK ON 24 MEDFORD CLAIM.
THERE'S ANOTHER ONE FURTHER UP THE BLOCK.
BUT THESE THREE ARE CRITICAL 'CAUSE
[01:35:01]
THEY'RE, UH, IMMEDIATELY VIEWING THIS PROPERTY.SO YOU SEE HOW WOODED IT IS, UH, BEHIND THERE.
AND, UH, IT'S ACTUALLY, YOU KNOW, OPPOSITE THE, UM, UH, SHOPPING CENTER ON THE OTHER SIDE OF CENTRAL AVENUE.
BUT THIS IS THE VIEW FROM CENTRAL AVENUE.
IT'S JUST A TOTALLY WOODED AREA.
IT'S AN UNDEVELOPED PARK, UH, FOR THE TOWN.
THE ISSUES WE HAVE ARE, UH, JUST A FEW.
UM, THERE IS A DECK IN FRONT OF THE HOUSE.
AND THIS ISSUE CAME UP BECAUSE IT WAS, THE ATTEMPT WOULD NOT AN ATTEMPT, I MEAN, WE FILED TO LEGALIZE THIS DECK.
AND IN THE COURSE OF THAT FILING, IT RAISED THE OTHER ISSUES ABOUT NON-CONFORMING SITUATIONS OF THE DRIVEWAY IN THE REAR OF THE HOUSE.
SO THE, THE DECK HAS NOT, DOESN'T HAVE AN ISSUE.
THE DECK CONFORMS TO ALL OF THE ZONING SETBACKS, BUT IT RAISES THE ISSUE OF IMPERVIOUS SURFACE AND THE DISTANCES OF THE DRIVEWAY IN THE BACK OF THE HOUSE, UH, IN TERMS OF IMPERVIOUS SURFACE.
UM, OH, OH, AND THE OTHER ISSUE IS THIS PROPERTY HAS ONLY 20 12,000 SQUARE FEET, 12,707 SQUARE FEET, BUT IT'S IN AN R 10 ZONE.
SO, UH, WHICH OF COURSE WOULD REQUIRE 20,000 SQUARE FEET.
SO BECAUSE IT'S AN UNDERSIZED PROPERTY IN A 20,000 SQUARE FOOT ZONE, WHEN WE TALK ABOUT THE ALLOWED PERCENTAGES, THAT BECOMES A HARDSHIP TO THE PROPERTY.
IF IT HAD THE 20,000 SQUARE FEET OF THIS ZONING DISTRICT, THEN THE IMPERVIOUS SURFACE WOULD NOT BE AN ISSUE.
AS IT IS, THE ALLOWED PER IMPERVIOUS SURFACE IN THIS ZONE IS 29%, BUT WE'RE ONLY ASKING FOR 32.5%.
SO IT'S ONLY ABOUT 3.5% MORE THAN THE, UH, EXISTING CONDITIONS.
UH, THE OTHER ISSUES THAT THE BUILDING APARTMENT BROUGHT UP ARE THE LENGTH OF THE DRIVEWAY AND THE DISTANCE TO THE ADJOINING PROPERTY.
FIRST OF ALL, THEY'RE MEASURING THIS 37 FEET INSTEAD OF 30 BECAUSE THEY'RE MEASURING, UM, FROM THE BACK OF THE, UH, FROM THE BACK OF THE BUILDING.
WELL, LET ME JUST SAY, THIS IS THE HOUSE, UH, ON MEDFORD, JUST SO YOU CAN, UH, ORIENTATION.
AND THAT'S THE, THE DECK TO THE LEFT DOWN THE BLOCK OF MEDFORD.
YOU CAN SEE THE OTHER PROPERTIES ALL HAVE THE DRIVEWAYS THAT, THAT GO DIRECTLY INTO THE HOUSE, UNDERNEATH THE HOUSE OR, OR ON THE PROPERTY.
UM, NOT NECESSARILY UNDERNEATH, BUT DIRECTLY INTO THE HOUSE.
WHEREAS THIS PROPERTY, UM, ON AXFORD AVENUE, YOU CAN SEE THE OTHER END DEAD ENDS AND THEN THE PROPERTY DROPS DOWN TO CENTRAL AVENUE.
THIS IS THE CONDITION THAT BECOMES A, A PROBLEM OR AN ISSUE, UH, IS THAT THE DRIVEWAY COMES IN AND THERE'S A TURNAROUND TO GET INTO THE TWO CAR GARAGES, THE TWO CAR GARAGE, WHICH IS UNDERNEATH THE HOUSE.
UM, NOW UNDERSTAND THAT THE, UM, IF WE LOOK AT THIS FROM AXFORD, AND THE, BY THE WAY, THE NEIGHBOR DIRECTLY ACROSS THE STREET, WHICH LOOKS EXACTLY AT THIS, UH, IS ONE OF THE LETTERS THAT SAID THEY HAVE NO PROBLEM.
THE PROPERTY LINE OF THE BACK OF THIS HOUSE IS JUST A FEW FEET BEYOND THIS RETAINING WALL, WHICH IS ON THE LEFT OF THE DRIVEWAY.
THE REST OF THAT PROPERTY, WHICH IS LEVEL, IS PART OF THE GREENBURG, UH, CUTS WOOD PROPERTY, BUT IT'S LEVEL UP TO THAT ROW OF TREES, AND THEN IT DROPS DOWN PRECIPITOUSLY TO CENTRAL AVENUE.
SO THERE IS NO, THERE IS NO RESIDENTIAL USE BEHIND THIS PROPERTY, WHICH I ASSUME IS THE INTENT OF THE, UM, THE CODE OF 16 FEET FROM YOUR PRO, FROM YOUR REAR PROPERTY.
UH, THIS IS ALREADY 10 TO 12 FEET BEFORE IT DROPS DOWN.
BUT THERE IS NO RESIDENTIAL USE TO BACK UP TO THIS.
AND ACTUALLY THIS LITTLE LOW RETAINING WALL, UH, OF, OF THE PAVING, UM, HELPS PREVENT WATER FROM RUNNING DOWN ONTO THE PROPERTY.
THIS STRIP RUNS DOWN ENTIRE, RUNS DOWN THE ENTIRE LENGTH OF MEDFORD AVENUE.
SO EACH OF THESE PROPERTIES HAS THE SAME ISSUE, UM, IN THE BACK OF, YOU KNOW, IN THEIR REAR YARD.
UH, THIS IS JUST A LITTLE BETTER VIEW OF WHAT'S GOING ON BACK THERE.
UH, SO THE IMPERVIOUS SURFACE IS MINIMAL.
UH, AND WE FEEL THAT THESE, THE DIMENSIONS OF THE DRIVEWAY ARE, UH, ARE VALID JUST BECAUSE WE NEED THE ACCESS TO THIS HOUSE.
IT'S JUST A UNIQUE CONDITION THAT'S DIFFERENT FROM THE REST OF THE HOUSES IN THE BLOCK.
I DON'T WANT TO
[01:40:01]
I THINK WE'VE COVERED THOSE ISSUES.SO IF THERE'S ANY QUESTIONS REGARDING THAT, PLEASE ASK THE PATIO TO THE, LOOKING FOR THE HOUSE FROM THE REAR, THE PATIO TO THE RIGHT OF THE DRIVEWAY.
DO YOU PARK THERE? UH, THE PATIO THAT'S BEHIND THE HOUSE IS FURTHER BACK.
NO, THEY DON'T PARK ON THAT PATIO.
AND THE LITTLE JUDI, WHICH AGAIN YOU'RE SAYING IS BEYOND THE PROPERTY LINE, THAT LITTLE JUG HANDLE WILL TURN, IS THERE A NECESSITY FOR THAT? UH, I BELIEVE THAT REALLY HELPS IN TERMS OF BACKING OUT OF THE HOUSE.
YEAH, BUT THEY BACK OUT, THEY BACK STRAIGHT OUT TO TURNING SLIGHTLY AND THEN DRIVE STRAIGHT DOWN THE PROPERTY.
BECAUSE THE FORMER PICTURES THAT I'M LOOKING AT, THERE'S A RANGE ROVER THAT'S PARKED THERE, THERE'S ENOUGH CUTOUT SPACE.
UM, I'M JUST CONFUSED WHAT THE NEED IS.
I APPRECIATE THE DESIRE TO HAVE IT, BUT WHAT'S THE NEED? WELL, I I'M NOT SURE WHAT YOU'RE ASKING.
THE THIS IS, THIS IS WHAT THE NEED, THIS IS A NON-CONFORMING CONDITION THAT'S BEEN THERE FOR ABOUT 20 YEARS.
SO WHICH PICTURE ARE YOU REFERRING TO? THIS ONE? NO, I'M SORRY.
I'M GOING BACK A LITTLE FURTHER.
SO YOU, YOU DON'T HAVE IT, BUT WE, I'LL I'LL SHARE IT WITH YOU AFTER.
I'M JUST CONFUSED AS TO WHAT THE NEED IS.
'CAUSE LOOKING AT WHAT HAS BEEN CONSTRUCTED, UM, IT LOOKED LIKE AT ONE POINT THERE MIGHT HAVE BEEN WOOD CHIPS THAT WERE PUT BEYOND THE STONE WALL.
SO THE DRIVEWAY WAS WIDENING ALL THE WAY TO THE HOUSE, AND THERE'S A PATIO BEYOND IT AT THIS POINT.
SO YOU'RE SAYING THAT YOU BUILT THIS CUTOUT TO TURN AROUND, BUT IT'S A DEAD END THAT YOU COULD TURN OUT INTO.
I'M, I'M JUST SAYING THAT, YOU KNOW, THEY BACK OUT AND IT JUST GIVES A LITTLE MORE FLEXIBILITY WHEN YOU'RE BACKING OUT, THEN TURN AROUND AND GO BACK DOWN.
AND IT ALSO JUST TO SAY THAT OF COURSE, WE HAD THE LETTER LETTERS FROM THE NEIGHBORS, WHICH YOU HAVE, WHICH WERE EMAILED IN.
UM, AND THERE'S BEEN NO OBJECTION.
AND WE, WE DO NOT INTRUDE OR AFFECT ANY OTHER PROPERTY, ANY OTHER NEIGHBOR'S PROPERTY.
UH, THE, FOR THE ENTIRE BLOCK.
THIS IS REALLY SELF-CONTAINED.
AND OF COURSE, WE DON'T CHANGE THE CHARACTER OF THE NEIGHBORHOOD AND WE MAINTAIN THE, UH, INTEGRITY OF THE NEIGHBORHOOD AT THE SAME TIME.
IF WE LOOK AT THE SITE CLAIM, YOU MEAN THE LITTLE NOTCH? MM-HMM
AT THE TOP IS WHAT YOU'RE REFERRING TO? YES.
IS THAT ON YOUR PROPERTY OR NOT ON YOUR PROPERTY? THAT'S ON THIS PROPERTY, YES.
YOU'RE TALKING ABOUT THIS PIECE? NO, NO.
COMING ALL THE WAY UP TO THE STREET.
IT ACTUALLY GOES OUT FURTHER THAN THAT.
IT SWINGS OUT, RIGHT? IT'S RIGHT IN THERE.
SO ONLY THE BLUE PART, THE BLUE PART IS NOT THE ENTIRE DRIVEWAY.
THE DRIVEWAY GOES ALL THE WAY DOWN.
YEAH, BUT IT'S PAST THE, IT'S PAST THE PROPERTY LINE.
IT'S PAST THEIR PROPERTY LINE THOUGH.
SO AGAIN, THAT 3% THAT WE'RE TALKING ABOUT SHAVED THAT OFF.
AND WE MAY NOT BE TALKING ABOUT ANYTHING.
WELL, NO, THE 3% REPRESENTS, UH, I FORGET THE NUMBER.
IT WAS ABOUT 240, 280 SQUARE FEET IN ORDER TO GET BACK DOWN, YOU KNOW, IT'S 3% OF, UH, 12,000.
SO WE NEEDED MORE SQUARE FOOTAGE THAN THAT IN ORDER TO, UH, GET BACK TO THE 29%.
EVEN IF YOU GOT RID OF THE DECK, THAT WOULDN'T, UH, MEET THE REQUIREMENT.
AND, AND THIS LITTLE PIECE HERE, SORRY.
I'M YES, I SEE WHAT YOU'RE SAYING.
ILLUSTRATING THIS IS WHAT IS THE NEED FOR THAT? LIKE WHAT IF IT JUST WENT STRAIGHT ACROSS? I MEAN, I GUESS IT COULD, BUT IT DOES, IT DOESN'T, IT DOESN'T SERVE ANY PURPOSE TO, UH, IT DOESN'T, WELL, IT WOULD BRING BACK, IT, IT DOESN'T REDUCE, IT DOESN'T REDUCE THE PROBLEM VERY MUCH, VERY MUCH.
BUT, BUT I, THAT'S SORT OF WHEN THEY BACK OUT, THEY KIND OF BACK INTO THAT SLIGHTLY AND THEN, AND THEN GO BACK DOWN THE DRIVEWAY.
YES, THEY WOULD JUST IN YOUR PHOTOGRAPH, THERE'S A CAR PARKED THERE.
WELL, IN YOUR, YOU PARKED IN THE DRIVEWAY? NO, NO.
MANY PEOPLE PARK IN THE DRIVEWAY IN THAT LITTLE NOTCH BEHIND THE PATIO.
YOU HAVE A CAR PARKED THERE? WELL, NOT HERE.
BUT THE CAR CAN STILL BACK OUT.
I MEAN, MANY PEOPLE PARK IN THEIR DRIVEWAY THAT DOESN'T ELIMINATE THE USE OF THE DRIVEWAY.
[01:45:02]
ANYBODY HERE? ANY OTHER QUESTIONS FOR THIS ONE? OKAY.WE'RE ALL COPACETIC WITH THE NEIGHBORS
AND, UH, WITH THAT WE WILL TAKE A LITTLE SHORT BREAK AND BEGIN OUR DELIBERATIONS AFTERWARDS.
WELL, I NEED TO, UM, ALL RIGHT, PRIMROSE, WHICH CASE NUMBER IS THIS? THE FIRST ONE.
ONE FOUR DASH 31 PRIMROSE THE DRIVEWAY.
YOUR COMMENTS ARE, THEY SHOULD MOVE THE DRIVE WAY OVER.
WELL, IF THEY ARE LOOKING TO YEAH.
DO SOMETHING THAT ACTUALLY, UH, AFFECTS THE RELATIONSHIPS WITH THEIR NEIGHBORHOOD OR NEIGHBOR.
UM, I FELT, I TRIED TO CLEAN IT UP A LITTLE BIT BY SAYING THAT YOU CAN TAKE MY COMMENTS OR NOT, BUT, UM, I THINK THAT WHAT THE ARCHITECT WAS PROPOSING, UM, ISN'T THE BEST SOLUTION, BUT IT'S, I GUESS THE MOST COST EFFECTIVE SOLUTION.
UM, AND IF A IF COST IS AN ISSUE, THEN, YOU KNOW, THEY ALWAYS HAVE TO TAKE THAT INTO CONSIDERATION.
I'M NOT SURE THE COST IS IN FACT, WELL, WE DON'T KNOW THAT LEGALLY IT'S NOT.
IN OTHER WORDS, EITHER THEY COMPLY OR THEY DON'T.
AND YOU CAN CONDITION THE VARIANCE ANY WAY YOU WANT TO MITIGATE AND MINIMIZE THE IMPACT OF THE VARIANCE, WHICH WE'VE DONE MANY TIMES IN THE PAST.
NO, BUT I MEANT IN TERMS OF THE APPLICANT, IN TERMS OF, UH, NO, I UNDERSTAND WHETHER THE COST BEING AN ISSUE, BUT YOU'RE SAYING AS FAR AS THE BOARD IS CONCERNED, COST SHOULD NOT BE AN ISSUE? WELL, UNLESS THEY CAN PROVE THAT IT'S IN, MAKES THE COST IS SO ONEROUS THAT IT'S NOT FEASIBLE.
NOW WHAT THEY'RE DOING IS THEY'VE DECIDED TO USE THE TWO CAR GARAGE INSTEAD OF THE, THE ONE CAR GARAGE IN THE FRONT.
SO THAT'S, THEY ARE CAUSING THE ADDITIONAL COST TO THEMSELVES BY MAKING THAT DECISION, BECAUSE THEN BY MAKING THAT DECISION, THEY WILL, THEY NEED THAT, THEY NEED THE VARIANCE THEN, ALTHOUGH THE INTERIOR RENOVATIONS THAT THEY'RE DOING ISN'T PART OF THE APPLICATION.
WHAT'S GOING ON INSIDE THE HOUSE COULD DETERMINE HOW IMPORTANT IT IS FOR THE USE OF THE FRONT GARAGE INSTEAD OF THE TWO CAR GARAGE IN THE BACK.
BUT THAT'S A DECISION THEY, THEY'RE MAKING, RIGHT? I AGREE.
UM, BUT NOT KNOWING WHAT THE, WHAT THE RENOVATION IS, IT'S HARD FOR ME TO DETERMINE HOW IMPORTANT IT, IT IS TO NOT USE THE FRONT GARAGE.
SO BY MAKING THE DECISION AND NOT TO USE IT, THEY ARE CAUSING THEIR OWN HARDSHIP AND WHICH IS ANOTHER OF THE FACTORS.
SO I CAN'T SEE THEN WHETHER OR NOT THE CHOICE OF USING THE FRONT GARAGE AND NOT THE BACK GARAGE.
WOULD IT MAKE ANY SENSE INTERNALLY ON THE INTERNAL RENOVATION OF THE HOUSE TO MAKE USE OF THE TWO CAR GARAGE IN THE BACK AS LIVABLE SPACE AND THEN CONTINUE TO USE THE FRONT GARAGE FOR A CAR? IT COULD BE SEEN AS MA AS RENDERING THE VARIANCE UNNECESSARY.
[01:50:01]
KNOW THAT WITHOUT KNOWING, BUT THAT DOESN'T PREVENT YOU FROM MAKING THAT DECISION ANYWAY.THE ONLY QUESTION IS WHETHER USING THE FIVE FACTORS YOU WANT TO GRANT THE VARIANCE OR NOT.
IT'S ONLY ONE VARIANCE, WHICH IS THE SETBACK.
THE DEPUTY BUILDING INSPECTOR CONFIRMED THAT, UH, THE FRONT GARAGE IS A LAUNDRY ROOM AND THE SIDE GARAGE WAS ALREADY EXISTING.
UH, WHAT DO YOU MEAN BY SIDE? YOU MEAN THE ONE IN THE REAR, THE ROUND THE REAR, SORRY, IS EXISTING AS A TWO CAR GARAGE, WHICH IS THE REASON WHY THEY HAVE AN EXISTING DRIVEWAY GOING BACK TO IT.
BUT THEY'RE GONNA TURN THE FRONT GARAGE INTO A LAUNDRY ROOM.
SEE, THAT WOULD LEND ME TO WONDER WHETHER OR NOT TURNING A FRONT GARAGE INTO A LAUNDRY ROOM IS WORTH THE AGGRAVATION THAT THEY'RE GOING THROUGH FOR WHAT THEY'RE TRYING TO DO.
I THINK THEY'VE ALREADY DONE IT SINCE THEY'VE TOOK THE DOOR OFF AND PUT THE WINDOW.
UM, BUT I, I DO AGREE WITH YOU.
I THINK THERE ARE WAYS THAT THEY COULD MITIGATE OR LESSEN THE VARIANCE THAT THEY'RE ASKING FOR BY PUTTING MORE OF A, YOU KNOW, NOT NEEDING 12, NOT NEEDING THE FULL 12 FEET, BUT NOT ZERO FEET, AT LEAST THE WHOLE LENGTH OF IT.
I MEAN, I GET LIKE RIGHT WHERE THE GARAGE IS, THEY NEED, THEY NEED THAT SPACE, BUT I THINK THERE'S A WAY TO PUT SOME GREEN OR TO PUT SOME SOMETHING TO WELL, THAT'S WHAT I WAS YEAH.
MITIGATE THE WATER SAYING YEAH, I AGREE.
I'M SAYING I AGREE WITH YOU NOT, YEAH, BUT, UM, NUMBER ONE, THERE WAS A COMMENT MADE THAT THE, UM, IT'S ONLY ZERO SETBACK FOR 21 FEET, AND THAT'S NOT THE CASE AS IT EXISTS NOW.
UM, AND IF THEY GIVE BACK THAT LITTLE SLIVER OF SPACE, I SHOULDN'T SAY THAT.
IF THEY GIVE THAT TO THEIR NEXT DOOR NEIGHBOR AND KEEP THE DRIVEWAY AS IT IS, THAT'S A ZERO SETBACK FROM THE STREET ALL THE WAY BACK TO, WELL, THE PAST, THE, UH, THE EXISTING GAR, THE TWO CAR GARAGE MM-HMM
SO THAT'S, THAT'S THE CORNER OF THEIR PROPERTY LODGE.
AND IT GOES ALL THE WAY BACK, DEFER TO PLANNING, BUT YES, THERE'S A LOT ON HERE, RIGHT? YEP.
SO SEE WHAT THIS DOESN'T SHOW IS THE GREEN, THE GREEN, UH, STRIP IN THERE.
IT'S NOT RECTANGULAR OR WHAT THAT, WHERE IT SAYS HERE THAT IT'S A CONCRETE WALK, THAT AREA HERE IS LIKE DIRT THAT GOES RIGHT UP TO THE, UH, SIDE DOOR.
AND UH, WILLIAM ALREADY SAW IT.
THAT MAKES WHAT YOU WERE SAYING BEFORE, IF THAT IS ALREADY PERVIOUS SURFACE HERE, IF YOU MOVE THE DRIVEWAY OVER AND CREATE A PERVIOUS STRIP RIGHT HERE, THEN YOU CAN EITHER HAVE IT AS PERVIOUS THAT'LL ALLOW DRAINAGE OR PUT IN A LINEAR DRAIN IF NECESSARY, IF THE WATER RUNOFF IS THAT BAD AND OR SCREENING RIGHT.
WHICH WOULD PREVENT THAT SO MUCH OF THE DRAINING TO DRAIN INTO THE NEXT DOOR NEIGHBOR.
UM, YOU'RE SAYING YOU'D BE MITIGATING IT? YES.
IT WON'T BE, UH, MAKING, IT WON'T BE ELIMINATING THE SIDE YARD SETBACK PROBLEM, BUT IT WOULD BE, UM, MAKING IT LESS THAN A ZERO SETBACK ALL THE WAY BACK.
THEY DO NEED IT IN THE BACK WHERE THE GARAGE IS.
WELL, FROM THIS TO MANEUVER THE CAR RIGHT.
SO I'M SAYING FROM HERE TO HERE.
'CAUSE I, ARE YOU SEEING I SEE WHAT YOU'RE SAYING.
YOU'RE GETTING IT AWAY FROM A ZERO SETBACK.
[01:55:01]
EXACTLY.UH, I SHOULDN'T SAY THE NEED LESSENING WHAT THE, UH, SETBACK REQUIREMENT IS.
IT'S ONLY HERE THAT IT BASICS NECESSARY, ABSOLUTELY NECESSARY TO BE A ZERO SETBACK.
I ALSO AGREE WITH THIS LITTLE NICHE NOTCH SO THAT YOU CAN, UM, MAKE IT LESS DIFFICULT TO DRIVE UP AND THEN BACK IN.
THEY NEED THE, THE, I WOULD, I WOULD SAY AT LEAST, I, I WOULD SAY THAT THEY PROBABLY NEED THE NOTCH MORE THAN THE LAST CASE.
ALTHOUGH IT WAS GIVEN UP IN THE LAST HEARING, SO THAT'S ANOTHER ISSUE.
BUT I THINK THEY GAVE IT UP, BUT THEN WHEN THEY REALIZED THE REALITIES, I SAID NO, THERE'S NO WAY TO DO IT WITHOUT IT.
ESPECIALLY IF, ESPECIALLY IF WE MOVE THE DRIVEWAY OVER.
SO IT'S LIKE NINE OR 10 FEET WIDE INSTEAD OF, IS THIS 19 FEET? IT SAYS 19.8, BUT I CAN'T SEE WHAT THAT DIMENSION.
SO IF YOU GOT IT DOWN TO NINE FEET, THAT'S 10 FEET OF SPACE HERE ALONG THE UM, RIGHT.
SO THAT ACTUALLY IS THIS CURVE HERE, RIGHT? YEAH, I GUESS.
UM, SO IF YOU MOVE THIS OVER, IT MIGHT MAKE THIS A LITTLE MANEUVERING YOUR CAR DOWN THE DRIVEWAY LIKE THAT.
UM, A LITTLE TRICKY BUT NOT IMPOSSIBLE.
WELL, IT'S, THIS WILL REMAIN THE SAME.
AND THEY STILL HAVE THE THING IN THE BACK SO THEY CAN GO AND GO OUT.
SO CURRENTLY THE DRIVEWAY IS FROM HERE TO HERE FROM WHAT I CAN SEE FROM YOUR PICTURE.
SO IF THEY MADE THIS NOW AND IT LOOKED LIKE THEY, THEY JUST MOVE IT OVER.
YOU DON'T REALLY NEED THIS WIDTH.
IF YOU GET RID OF THIS, YOU ONLY NEED THE WIDTH IN THE BACK.
SO MY SUGGESTION IS THAT WE PUT THIS IN WRITING TO THE APPLICANT.
AND I THINK THE ONE FACTOR THAT I WOULD SAY THAT PAUSES ME IS, IS THERE ANY OTHER WAY TO PROVIDE THE RELIEF? AND I THINK THERE ARE EXTENUATING CIRCUMSTANCES AND AN ABILITY TO DO SOMETHING THAT'S SLIGHTLY DIFFERENT.
AND THERE, THERE ARE CASES WHERE WE HAVE GIVEN A ZERO SETBACK.
HOWEVER, UM, YOU DON'T GIVE IT AS A SITUATION.
YOU WILL BE GRANTING A ZERO SETBACK FOR THAT PORTION WHERE IT'S NECESSARY.
BUT I THINK IT'S THE, UH, DRAINAGE PROBLEM THAT, AGAIN, I SHOULDN'T, A CONSULTATION WITH THE BUILDING DEPARTMENT, THERE'S BEEN NOTHING ON FILE ABOUT THE DRAINAGE.
SO I'M, I'M NOT GONNA GO OVERLY OVERBOARD ON THAT.
NOW WHAT DO YOU MEAN BY THAT? THERE'S BEEN NO COMPLAINT AND ALSO NOTED BY THE NEIGHBOR.
THERE'S BEEN NO COMPLAINT IN THE HISTORY OF THE TIME LIVING THERE.
HAVE YOU AWARE, HAVE YOU ASKED? I ACCIDENT HEARING.
I DISPUTE WITH THE BUILDING DEPARTMENT.
THERE'S NO COMPLAINTS ON FILE.
THERE ARE NO COMPLAINTS ON FILE REGARDING WATER.
UH, SO THE ONLY, THE OTHER OPTION IS TO, UH, DENY THE REQUEST.
SO I THINK YOU MEAN THE VARIANCE.
SO I THINK, I THINK WHAT ED THEN OFFERED THEN IF YOU DENIED THE VARIANCE REQUEST, THEN THEY'D HAVE TO, THEN THEY'RE TROUBLE.
I, I THINK WE CAN GO, I, I LIKE ED'S SUGGESTION WHERE WE GO BACK AND ASK ONE MORE TIME.
DO WE DID IT'S NUMBER THREE ON THIS SEVEN.
I DON'T HAVE THAT LETTER LIST.
WELL THEY HAVEN'T PROVIDED THE RATIONALE.
SO GIVE THEM ONE MORE THAT IS, YOU RAISED IT WITH THEM AND IN CO CONCLUSORY TERMS, THE ARCHITECT SAID, OR AN ENGINEER, WHATEVER, SAID, OH, THAT WOULD COST TOO MUCH.
BUT HE DIDN'T QUANTIFY IT OR ANYTHING LIKE THAT, CORRECT? WELL, HE, HE DID, I THINK THE NUMBER WAS 10 OR 20,000, WHICH I DON'T, HE SAID LIKE 15, 20,000.
BUT HE DIDN'T, BUT THEY WERE ALSO REDOING THE WHOLE HOUSE.
[02:00:01]
GO BACK TO MR. STERN TOO.WHO'S GOT THE DEED BY THE WAY? UM, KIRA HAS IT BABE.
BUT AGAIN, IF IT WAS IN THEIR NAME, JUST ONE, JUST ONE COPY HE GAVE YOU.
AND IT IS IN THEIR NAME, NOT STEARS,
AGAIN, SOME, WELL, STERN HAS TO SIGN IT.
AND SOMEONE CAN ALWAYS BE A PROXY OR REPRESENTATIVE THEREOF.
SO WE WOULD NEED A LEGAL DOCUMENTATION IF THAT NOT BE THE CASE.
BUT THAT TO ME IS NEITHER HERE NOR THERE.
THE VIOLATION WAS ISSUED TO THE APPLICANTS THAT CAME BEFORE US AND THAT'S WHAT WE'RE RESPONDING TO.
SO I AGREE WITH WILLIAM, UH, THERE IS A BETTER ALTERNATIVE AND IF THEY DON'T WANT TO, UM, AGREE TO THAT OR LOOK INTO IT FURTHER, UM, I WOULD DENY THE, UH, THE VARIANCE IF YOU WANT TO TAKE A STRUGGLE OR ASK THEM TO TAKE A HARDER LOOK AT IT.
SO THIS IS WOULD BE ADJOURNED FOR ALL PURPOSES.
YOU TURN TO THE NEXT ONE ALREADY.
THEY, THEY'VE HEARD US SO THEY KNOW THAT THEY'RE LOOKING AT AT LEAST THE POSSIBILITY OF A DENIAL THAT SHOULD GO INTO THEIR REASONING AND THEIR RESPONSE.
UH, THEY, UH, NUMBER TWO ADJOURNED.
I DON'T HAVE TO SAY THAT ONE REQUESTED ADJOURNED, RIGHT? BECAUSE WE VOTED.
24 DASH 35, I MEAN 34 9 EASTERN ROAD.
THOUGHTS ON NINE EASTERN ROAD? LET'S SEE, THIS IS 34.
UM, AT FIRST I THOUGHT THAT THIS WAS THE ONE THAT HAD ALL THE UH, WOODS AND TREES AND STUFF.
BUT THAT WASN'T THE THAT WAS 36.
THAT WAS, YEAH, THAT WAS THE LAST ONE.
SO I GOTTA FIND ALL MY, IS THIS THE ONE THAT THERE EXISTING SIDE YARD? YEAH.
BASICALLY LEGALIZING A, UH, AN EXISTING EXISTING DECK.
UM, I DON'T HAVE A PROBLEM WITH IT.
I THINK THE ONLY THING BECAUSE IT WASN'T THE WOODSY AREA, I WAS GOING TO REQUEST SCREENING, BUT THE SCREENING EXISTS ON THE NEIGHBOR'S PROPERTY.
THE NEIGHBOR DIDN'T HAVE A PROBLEM WITH IT.
SO THAT WAS THE REASON I WAS ASKING THOSE QUESTIONS.
BUT YEAH, I DON'T THINK THERE'S REALLY ROOM ON THEIR SIDE TO PUT SCREENING IN.
WHO'S DOING IT? YOU DOING? NO, I THOUGHT YOU DID.
[02:05:01]
THOUGHT YOU SAID YOU WERE WRITING IT.NO, I SAID WHO'S BECAUSE WE'RE VOLUNTEERING
I DON'T HAVE TO WRITE ANY OF THEM.
IS THAT, IS THAT THE RULE? THAT'S NOT TRUE.
IT'S FINE, BUT IT'S GONNA GET DONE LIKE NEXT WEEK.
I'M GOING AWAY SO I CAN'T GIVE IT.
I HATE THE DECK SO I'LL DO IT.
THEY GAVE ME OH, WHY THEY GIMME BOTH.
I MUST BE BECAUSE IT'S SO EASY.
YOU WANT ME TO PROVE 35? I'LL PROVE 35 RIGHT NOW.
WE WERE REQUESTING SOME MORE INFORMATION FROM THAT'S ADJOURNED, RIGHT? YES.
THIS IS THE ONE WITH THE TREMENDOUS, UH, HEIGHT.
ELEVATION AND THE UH, THE REASONING FOR THE PATIO.
SO ED FOR THE, UM, THIS HAS TO BE RENO, RIGHT? FOR THE NUMBER? YES.
IS THAT A ADJOURN? WAS HE REALLY A TOWN IN GREENBURG? YES.
WAS THAT ADJOURN FOR ALL PURPOSES? OR AND HE DIDN'T KNOW HOW THIS STUFF GOES.
WHAT? IT'S ADJOURN FOR ALL PURPOSES OR ADJOURN FOR RE NOTICING OR WHAT'S SO FOR ALL PURPOSES.
ALRIGHT THEN THE LAST ONE IS 35 50 NOT RE NOTICED.
RIGHT, BECAUSE THEY, THEY'RE CHANGING THEIR CLAIM.
I THINK IF THE, ONE OF THE VARIANCES GONNA REMOVE ONE OF THE, BUT THEY'LL, YOU SHOULD SEND A LETTER AND SUGGEST THAT THEY MEET WITH THE TOWN ENGINEER TO ADDRESS THE, UH, WATER ISSUES.
BUT AGAIN, AS I WAS TELLING THE APP, THE UM, NEIGHBOR, THE WELLS ARE TO THE SIDE OF THE PROPERTY MOST ADJACENT TO THE PATIO.
THEIR OTHER CONTENTION HAS, IF YOU LOOK AT THE MAPS, HAS NOTHING TO DO NECESSARILY WITH THAT.
THERE ARE TREES AND DEBRIS AND TIRES AND THINGS THAT WERE ADDED AS FILL AND THE SOIL IS WASHING AWAY.
SO ALL OF THE STUFF IS BUBBLING UP.
SO THAT'S A WHOLE NOTHER ISSUE.
BUT THAT'S, THAT'S NOT REALLY, ISN'T YOUR RIGHT.
IT SOUNDS LIKE THEY'RE IN COURT FOR SOME STUDIES.
THERE MAY BE ANOTHER REMEDIATION.
WELL, BUT THE NEIGHBOR, UM, BEHIND THEM SAID THAT THEY'VE ALREADY STARTED CLEANING UP.
BUT THAT CLEANING UP ALSO IS WHAT NOW SINCE THEY CUT THESE TREES DOWN AND THE SOIL IS WASHING AWAY, SOME OF THE DEBRIS THAT HAVE BEEN BURIED IS NOW BEING UNEARTHED, WHICH THERE'S NOTHING WE CAN DO ABOUT THAT.
IS MY PAY GRADE, UM, ONE, ONE.
I HAVE ONE QUESTION FOR YOU ON THIS AND I DON'T SEE ANYTHING ON THIS THAT SHOWS A ZERO SETBACK OR ONE POINT WHATEVER THEY'RE ASKING FOR.
WHAT YOU JUST TALKING ABOUT? 35.
I HAVE IT ON THE DENIAL LETTER WITH KNOW IT ON THE OH, OKAY.
LOOKING AT THE THE, OH, WITH THE PLAN AND YOU DON'T SEE A ZERO.
I DON'T SEE A PROPERTY LINE STREET.
AND AND WILLIAM YOU WERE CONFUSING ME.
YOU WERE IT'S SHOWING ME ON YOUR SOMETHING ON YOUR THIS WOULD BE THE PROPERTY LAPTOP THAT WAS THIS IS THE PROPERTY.
NO, IT'S ONE THE, YEAH, THIS IS THE PROPERTY LINE.
SO YOU SEE HOW THE
I DON'T CARE WHAT GOOGLE SAYS.
YOU DON'T CARE WHAT? I DON'T CARE WHAT GOOGLE SAID.
AH, GOOGLE WRONG SHOW A BOUNDARY.
IT SHOULD BEEN, IT SHOULD HAVE BEEN BOLDED.
BUT YEAH, SO GOOGLE WASN'T ALWAYS RIGHT.
[02:10:02]
SO THAT PICTURE OF THE DECK WAS PRIOR TO THEM PUTTING IN THEIR PLANT THE DECK OR THE PATIO? PATIO.WAIT, WHAT ARE YOU TALKING ABOUT? UM, THERESA, HOLD ON.
THAT'S WHY THESE MAPS ARE VERY INTERESTING WHEN YOU GO BACK TOO FAR.
SO MY NEIGHBOR DID THAT, DID THAT TO ME BY THE WAY.
DID WHAT? RAISE THE PROPERTY UP.
THEY WERE LOWER THAN ME AND THEY RAISED THEIR PROPERTY UP EIGHT FEET.
HOW THEY BUILT RETAINING WALLS AND BUILT IT UP.
AND THAT'S WHAT THEY DID TO ME TOO.
SO THAT'S THE PATIO BEFORE THEY PUT THE SCREEN IN, WHICH IS HUGE.
THAT'S WHY I THOUGHT IT WAS A DRIVEWAY.
AGAIN, WHEN I SAY THAT'S WHY I SAID CAN YOU SAW THAT TOO? THAT'S, THAT'S WHY I ASKED IF YOU COULD PUT A CAR ON IT.
YOU COULD, YOU COULD TOTALLY PARK ON THERE.
NO, BUT YOU WOULDN'T BE ABLE TO MAKE TO TURN SEE THE DRIVEWAY.
FUNNY THOUGH, THAT PICTURE IS NOT HOW IT IS THOUGH BECAUSE THE ROAD MUST HAVE BEEN THERE FOR SO LONG AT THIS POINT.
THAT BUT ISN'T THE ROAD HIGHER UP? IT IS.
SO WHEN YOU SEE THE STEPS GO UP, THEN YOU ARE CORRECT.
WITHOUT THOSE TREES YOU PROBABLY COULDN'T SEE DOWN TO IT.
'CAUSE BUT THAT'S THE WAY IT USED TO LOOK LIKE.
WHERE WAS, OH, I SEE EDGE BEFORE THAT PEDAL, THE HEDGES IN, BEFORE THE HEDGES WENT IN, BUT THEY'RE ONLY THREE FEET HIGH.
BUT THAT DOESN'T LOOK LIKE A SIX FOOT, THE ROAD ITSELF IS HERE.
SO IF YOU GO TO
BUT IF YOU LOOK AT THE PICTURES THAT THEY SUBMITTED IN CONJUNCTION WITH THIS, IT MAKES BETTER SENSE.
SO LOUIS'S POINT ABOUT THEM SAYING YOU CAN'T GET DOWN TO THE BACKYARD IS A TON OF STEPS.
UNLESS YOU GO DOWN THE DRIVEWAY, YOU COME ACROSS THAT LITTLE PATHWAY.
DID IT WAS LIKE 30 SOMETHING STEPS.
DID HE ACTUALLY SAY THAT HIS DAUGHTER FELL DOWN THE STEPS AND GOT A NECK INJURY AND THAT'S WHY SHE'S IN A WHEELCHAIR? NO, I THOUGHT NO, NO, NO.
IT WAS LIKE, I THOUGHT SHE SAID THAT HE, SHE FELL DOWN THOSE STEPS AND I WAS LIKE, OH YEAH, BACKYARD SOME.
AND SO HE'S DOING THAT TO HELP, UM, MAKE IT EASIER FOR HER TO TAKE CARE OF THESE ELEVATION CHANGES.
THE, SO THAT'S NOT THE PERTINENT, THAT'S NOT OKAY.
BUT ONE THERESA WAS ISSUED A SUMMONS FOR BRINGING IN FILL WITHOUT A PERMIT.
AND ENGINEERING IS LOOKING AT THE ONE THAT, YEAH, HE ISSUED IT ON THE BEHALF OF ENGINEERING AND FOR INSTALLING A DRIVEWAY IN THE FRONT OF THE PROPERTY WITHOUT A PERMIT.
BUT I'M GUESSING THEY GOT RID OF THE DRIVEWAY.
SO THAT'S WHAT I WAS EXPLAINING TO THEM.
I SAID THEIR MITIGATION IS ANOTHER ISSUE IN TERMS OF THE SLOPE THAT THEY HAVE TO MAINTAIN IT.
SO WHEN THEY DID TAKE OUT THE TREES, WHATEVER ROOT SYSTEM WAS HOLDING SOME OF THAT SOIL TOGETHER, IT'S NOT THERE ANY LONGER.
SO, YOU KNOW, IF YOU COME TO MY HOUSE, A DEER HAVE EATEN UP ALL MY ARBOR, IE.
SO, YOU KNOW, I LOOK LIKE MY HOUSE MAY WASH AWAY TOO.
MY FOUNDATION'S ACTUALLY ATTACHED TO THE BEDROCK.
IS THAT GOOD? I DON'T EVEN KNOW.
WHEN I GO HOME I'M GONNA HAVE TO, OKAY, NEXT ONE.
UM, I DON'T SEE A PROBLEM WITH IT.
I MEAN, GRANTED IT IS SLIGHTLY PIGGISH, BUT
UM, I, I JUST AGAIN THINK THAT THIS IS A LITTLE OVERKILL ON THE SIZE.
LIKE IT'S CLEARLY THERE'S PARKING SPACES ALONG THE RETAINING WALL BORDER THAT DON'T NEED TO BE THERE.
IT DOESN'T NEED TO BE AS WIDE AS IT IS AND IT CERTAINLY DOESN'T NEED TO BE AS WIDE AS THE STREET AS IT IS.
NO, I MEAN, LOOK AT, I'M ASSUMING THIS IS LIKE, LOOK AT HOW MUCH IT GOES OUT.
I MEAN, THE QUESTION I WOULD HAVE THOUGH, IF YOU RIPPED THAT UP, WOULD THAT NOT BE QUITE DISRUPTIVE TO THE SLOPE OVER THERE? UM, UH, UNNECESSARILY, RIGHT? I MEAN, YES.
I THINK THAT THE DAMAGE WAS DONE ALREADY.
SO I I JUST THINK YOU RIP ALL THAT UP ASKING PROPERTY LINES
[02:15:01]
WERE PRIOR TO THE RENOVATION.CLEARLY THIS VEHICLE IS STILL OWNED WITH THE RENOVATION NOW IS PARKED ON THAT LITTLE PIECE THAT THEY PROVIDED IN THEIR PHOTOGRAPHS.
THAT CAR IS PARKED ON TOWN PROPERTY.
AND THE NEW DRIVEWAY IS ON TOWN PROPERTY.
LOOK AT YOUR PICTURES AGAIN NOW.
WELL, BUT THEY DON'T HAVE A CHOICE.
EVERY DRIVEWAY CROSSES THE RIGHT.
THAT'S JUST THE LOT LINE VERSUS THE RIGHT OF WAY.
THEY COULD WIDEN THE TOWN COULD TECHNICALLY WIDEN THE ROAD OVER THERE.
THIS, THIS IS TECHNICALLY THE ROAD IS THE PROPERTY LINE.
LIKE THEIR PROPERTY LINE GOES LIKE THIS.
OH, THIS IS THE ROAD TECHNICALLY LIKE NO, IT BELONGS TO THE TOWN, BUT IT BELONGS TO THE TOWN.
SO LIKE IT'S SO THEY HAVE A RIDE, RIGHT? YEAH.
BUT THERE'S NO OTHER WAY FOR THEM TO ACCESS THE ROUTE.
NO, I, NO, THAT, THAT'S NOT MY QUESTION.
LIKE MY QUESTION WELL, BEFORE WE LEAVE, YOU GOTTA SHOW ME HOW YOU'RE ACCESSING THAT THAT APP HE'S GOT BETWEEN GIS, THAT'S JUST GOOGLE MAPS? YEAH, THAT'S GOOGLE MAPS.
GIS, WHAT IS THAT? ACCESS GIS.COM.
SO I COME HERE AND I JUST DUMP IT.
THAT'S THE TOWN GIS YOU CAN GET THAT RIGHT ON THEIR WEBSITE.
SO WHAT'S THAT UP THERE IN YOUR, OH, THAT'S SOMEONE ELSE'S PROPERTY THERE.
THAT'S THE LAST NO, NO, NOT THE PICTURE.
AND THE, IT SAYS ACCESS GIS.COM.
THIS ONE, IT'S ARC GIS THE TOWN USES THE PROGRAM ARC, GIS, THE PLANNING DEPARTMENT TO DO THEIR MAPPING.
SO IT'S NOTHING, NOTHING PROPRIETARY.
WILLIAM HAD SOME KIND OF MAGIC.
IT HAS NOTHING MAGIC UNLESS HE HAS A LOGIN AND COULD GET INTO THE BACK END, WHICH I WOULD LIKE.
YOU CAN GO IN AND LOOK AT THE PLANS ON YOUR HOUSE AND EVERYTHING AND SEE HOW OLD AND OUTDATED THEY'RE
SO ANYWAY, I, I FIND THAT IT WOULD BE MORE DISRUPTIVE TO RIP UP THIS IN A WAY.
I DON'T SEE ANY REASON TO DO THAT GIVEN WITH IT, GIVEN WHERE THE HOUSE IS SITUATED.
I SAY IF YOU'RE OKAY WITH IT, ALTHOUGH, YES.
IF YOU'RE NOT, I WOULD, I'M ON THE FENCE ON THIS ONE.
I DON'T THINK THEY NEED THAT SPACE, BUT I DO AGREE ABOUT IT BEING DISRUPTIVE.
BUT TO AVOID A DENIAL SINCE THERE ARE ONLY FOUR OF US, THAT'S WHAT I WOULD THE SECOND, OR WE COULD THE FIRST CASE, IT'S FOR THE SAME BELIEF VIRTUALLY.
LIKE THERE'S NO NEIGHBOR ON TOP OF THEM.
NO, NO, I JUST WANTED, THAT'S WHAT'S GONNA BE THE LANGUAGE.
WHOEVER DOES THE DECISION, AREN'T YOU? YOU MAKE THAT POINT.
I'M NOT 4 36, I CAN TELL YOU THAT.
WHAT? YOU'LL WRITE THIS ONE UP? YEAH.
ARE YOU? VOTE? ARE YOU? OH, HOW ARE YOU? I'M SAYING HOW WELL DO YOU THINK YOU CAN WRITE IT?
IF I, IF YOU FORCE ME TO, YOU JUST GO INTO CHAT.
ACTUALLY YOU WANT ME TO WRITE IT? I'LL WRITE IT.
I'M SURE YOU DON'T WANT TO WRITE IT.
I SAID IF THERE, IF THEY WERE FOR IT, I WOULD TWO, FOUR TO GRANT.
NO NA, ALL THE NEIGHBORS WERE FOR IT, YOU KNOW.
WELL, YOU'RE NOT EXPECTING THIS TODAY.
I DON'T CARE WHEN YOU DID IT THOUGH.
IT SOUNDS LIKE YOU WANT TO WRITE IT.
WILLIAM, MAYBE YOU SHOULD SWITCH.
NO, YOU ALREADY WROTE THAT ONE.
THE TWO, THE MORE REASONS TO SWITCH IT OUT.
I ONLY WRITE THE ONES THAT I'M PASSIONATE.
I THINK LET'S TAKE A LUNCH BREAK.
[02:20:02]
WE'RE GRANTING, UH, THREE AND FIVE.ARE YOU WRITING? ARE YOU WRITING YOURS NOW? I DID MINE ALREADY.
IT WAS ONLY, ONLY LIKE TWO LITTLE, TWO LITTLE POINTS I ADDED TO IT.
SO YOU DON'T REALLY NEED TO STAY.
I'M JUST ABSORBING GENEROSITY,
NO, I WAS GONNA SAY THE PERCENTAGE OF THE LOT SIZE.
YEAH, I I MY TONGUE AS I WAS, I WOULDN'T HAVE BROUGHT THAT UP.
WE ARE BACK FROM OUR DELIBERATIONS, UM, BEGINNING WITH CASE NUMBER 24 31 19 PRI PRIMROSE AVENUE THAT HAS BEEN ADJOURNED FOR ALL PURPOSES TO THE MEETING OF JANUARY 16TH, 2025.
UH, REGARDING CASE NUMBER ZBA 24 34 9 EASTERN ROAD, UH, HAVE A SECRET STATEMENT, WHEREAS THE GREENBERG ZBA HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO SECRET COMPLIANCE AND NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SEEK SEEKER CONSIDERATION.
DO I HAVE A MOTION? YES MA'AM.
I MOVE THAT APPLICATION IN CASE NUMBER 24 DASH 34.
A PROVIDED THAT ONE THE APPLICANT OBTAINED ALL NECESSARY APPROVALS AND FILE THE SAME AT 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 MARCH 28TH, 2024 AND STAMPED AND RECEIVED ON NOVEMBER 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 DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE, UH, 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 VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES WE HAVE APPROVED
[02:25:01]
HEREIN.FINDINGS, THE APPLICANT OWNS A PROPERTY LOCATED IN THE R IN A, IN THE R 7.5 ZONING DISTRICT AND AND PROPOSES TO ONE LEGALIZE AN EXISTING SIDE YARD DECK, A REAR CONCRETE PATIO, AND TO CONSTRUCT AN ADDITIONAL ON THE PROPERTY IN ORDER TO DO SO, THE APPLICANT REQUIRES THE FOLLOWING VARIANCE FROM THE PROVISION OF THE ZONING ORDINANCE FROM SECTION 28, 285 DASH 40 C TWO OF THE ZONING ORDINANCE TO EXTEND THE DECK FOUR FEET INTO THE SIDE YARD, WHICH IS PERMITTED REDUCING THE MA THE MINIMUM DISTANCE BETWEEN THE DECK AND THE SIDE LOT LINE FROM SIX FEET REQUIRED TO 3.3 FEET PROPOSED.
IN GRANTING THIS APPLICATION, THE ZONING BOARD HAS WEIGHED THE BENEFIT TO BE DERIVED BY THE APPLICANT FROM THE PROPOSED VARIANCE AGAINST THE IMPACT THAT THE VARIANCE MIGHT HAVE ON THE HEALTH, SAFETY AND WELFARE OF THE NEIGHBORHOOD IN COMMUNITY.
AFTER DOING SO, WE ARE HEREBY FIND THAT ONE GRANTING THE VARIANCE WILL NOT RESULT IN AN UNDESIRABLE CHANGE TO THE NEIGHBORHOOD OR DETERMINANT TO NEARBY PROPERTIES, PROVIDED THAT THE CONDITIONS ARE FULLY COMPILED WITHIN.
BECAUSE THIS DECK IS WITHIN THE SAME FORMAT WHICH HAD PRE, WHICH WAS PREEXISTING, THE DECK ITSELF IS IN KEEPING WITH THE CON, UM, NATURE OF THE NEIGHBORHOOD.
MOREOVER, THE NEIGHBORS ARE NOT IN OPPOSITION TO THIS SMALL CHANGE.
THE GOAL OF THE APPLICANT CANNOT BE ACHIEVED BY SOME OTHER FEASIBLE MEANS WITHOUT OBTAINING A VARIANCE WE ARE GRANTING NOW THE REQUEST OF AN OF REQUEST OF A VARIANCE IS SUBSTANTIAL IN RELATION TO THE SORT, EXCUSE ME.
THE REQUESTED VARIANCE IS SUBSTANTIAL IN RELATION TO THE REQUIREMENT SOUGHT TO BE VARIED IN THAT THE REQUEST RELIEF IS SIX FEET COMPARED TO 3.3 PROPOSED 45% DECREASE FOR GRANTING THE VARIANCE WILL NOT HAVE AN ADVERSE EFFECT ON THE IMPACT OF THE PHYSICAL ENVIRONMENT CONDITION IN THE NEIGHBORHOOD OR DISTRICT IE DRAINAGE, STEEP SLOPES, WETLANDS, AESTHETICS, VIEW SHEDS, IMPERVIOUS SURFACE FLOODING CONDITIONS, ET CETERA.
UM, THE APPLICANT'S NEED FOR THE VARIANCE WERE SELF-CREATED BECAUSE THE APPLICANT PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE REQUIREMENTS OF THE ZONING ORDINANCE.
HOWEVER, THE FACT THAT AN AREA, THE FACT THAT AN APPLICANT'S NEED FOR AN AREA OF VARIANCE IS SELF-CREATED, DOES NOT BY ITSELF REQUIRE US TO DENY AN AREA OF VARIANCE.
UM, MOVING ON CASE, UH, NUMBER 24 35 1 TERESA LANE HAS BEEN ADJOURNED FOR ALL PURPOSES TO THE MEETING OF JANUARY 16TH, 2025.
AND FINALLY, CASE NUMBER 24 36 3 MEDFORD LANE.
I HAVE A SEEKER STATEMENT, WHEREAS THE GREENBURG ZBA HAS REVIEWED THE ABOVE REFERENCED APPLICATION WITH REGARD TO SEEKER COMPLIANCE AND NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SEEKER CONSIDERATION.
UM, WE WILL HAVE A MOTION READ AND JUST AS A NOTE, THE FINDINGS FOR THIS PARTICULAR APPLICATION WILL BE, UM, COMPLETED LATER AT A LATER DATE AND INCLUDED IN THE RECORD WHEN THEY ARE COMPLETE.
MADAM CHAIR, I DO HAVE A MOTION.
UH, I MOVE THAT THE APPLICATION IN CASE NUMBER 24 DASH 36 BE GRANTED PROVIDED THAT THE APPLICANT OBTAIN ALL NECESSARY APPROVALS AND FILE SAME WITH THE BUILDING DEPARTMENT AND 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 DI DILIGENTLY THEREAFTER IN CONFORMITY WITH THE SURVEY DATED JANUARY 25TH, 2024 AND STAMPED RECEIVED NOVEMBER 15TH, 2024, SUBMITTED IN SUPPORT OF THIS APPLICATION.
OR AS SUCH, PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN.
PROVIDED 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 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.
ANYONE CAN SOMEONE A SECOND? SECOND.
AND WITH THAT, WE ARE ADJOURNED.
EVERYBODY HAVE A HAPPY, HEALTHY
[02:30:01]
HOLIDAY NEW YEAR, ET CETERA.CHRISTMAS, CHRISTMAS, NEW YEAR.
HANUKAH, WHATEVER HOLIDAYS