[ TOWN OF GREENBURGH ZONING BOARD OF APPEALS *DRAFT* AGENDA THURSDAY, January 16, 2025 – 7:00 P.M. ]
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THIS IS THE ZONING BOARD OF APPEALS RECORDING IN PROGRESS.
CAN WE HAVE A, A ROLL CALL FOR THE BOARD? OKAY.
I'M GOING TO BEGIN WITH CALL E BUNTING SMITH.
THE MEETING OF THE ZONING BOARD OF APPEALS FOR THE TOWN OF GREENBURG WILL NOW COME TO ORDER.
WE HAVE FOUR CASES THAT HAVE BEEN SCHEDULED FOR TONIGHT'S MEETING, HOWEVER CASE 24 31 THOMAS STERN, 19 PRIMROSE AVENUE, THAT APPLICANT HAS REQUESTED AN ADJOURNMENT AS OF RIGHT TO THE FEBRUARY 13TH, CBA MEETING AND WILL NOT BE HEARD THIS EVENING.
LOOKING FORWARD, OUR NEXT REGULAR MEETING IS ON THURSDAY, JANUARY 13TH.
I'M SORRY, DID I SAY FEBRUARY? YOU SAID JANUARY.
OH, WHY DO I GET MY SAID FEBRUARY? I THOUGHT I SAID FEBRUARY.
SEE, IT'S BEEN A LONG DAY, UH, BECAUSE OF THE, UH, CASES TONIGHT.
IF WE CAN'T HEARING A, IF WE CAN'T FINISH HEARING A CASE, IT'LL BE ADJOURNED TO ANOTHER MEETING TO BE COMPLETED AT THAT TIME.
UH, TO SAVE TIME, WE WILL WAIVE A READING OF THE PROPERTY LOCATION AND THE RELEASE LOG FOR EACH CASE.
HOWEVER, THE REPORTER WILL INSERT THIS INFORMATION IN THE RECORD.
THIS INFORMATION ALSO APPEARS IN THE AGENDA FOR TONIGHT'S MEETING.
AFTER THE PUBLIC HEARING OF TONIGHT'S CASES, THE BOARD WILL MEET TO DISCUSS EACH CASE.
EVERYONE AT THAT TIME IS WELCOME TO LISTEN TO OUR DELIBERATIONS, BUT THE PUBLIC WILL NOT BE PERMITTED TO SPEAK OR PARTICIPATE AFTER OUR DELIBERATIONS ON ALL CASES.
WE THEN COME BACK ONTO THE RECORD TO ANNOUNCE THE BOARD'S DECISION FOR THE FORMAL RECORD AND TO BE BROADCAST TO THE COMMUNITY.
IF YOU'RE GOING TO SPEAK TONIGHT, PLEASE COME UP TO THE MICROPHONE.
STATE YOUR NAME AND ADDRESS AND OR YOUR PROFESSIONAL AFFILIATION.
WE'VE HEARD TESTIMONY ON SOME OF THESE CASES AT PRIOR MEETINGS.
ALL PRIOR TESTIMONY IS IN THE RECORD AND SHOULD NOT BE REPEATED.
AND THEREFORE, TONIGHT'S FIRST CASE THAT WE WILL HEAR WILL BE CASE 24 32 S OLIVA, 2 79 JACKSON AVENUE.
THAT'S WHY I BROUGHT THE YOUNG PERSON,
UH, MY NAME IS WILLIAM SCHNEIDER, PROFESSIONAL ENGINEER AND I, UH, WORK FOR P, S AND S ENGINEERING.
AND WITH ME TONIGHT IS MY ASSOCIATE LAUREN FINNEGAN, AN ENGINEER WITH PS AND S ENGINEERING, AND WE REPRESENT ESCAPING GARDENS AND OUR CLIENT, SAL, OLIVIA.
AND THE PROPERTY IS 2 79 JACKSON AVENUE.
AND WE'RE HERE REQUESTING A TOTAL OF FOUR VARIANCES.
BUT I THINK IT WOULD ONLY BE APPROPRIATE FOR ME JUST TO GIVE YOU A BRIEF HISTORY OF WHY WE'RE HERE AND HOW WE GOT TO THIS POINT.
AND, UM, I'LL TRY TO GIVE YOU THE READER'S DIGEST VERSION.
UH, AS YOU CAN SEE FROM OUR SITE PLAN, A, A PORTION OF THE PROPERTY IN THE REAR IS ACTUALLY LOCATED IN THE CITY OF YONKERS.
SO IT'S ONE OF THOSE ODD PROPERTIES IN TWO MUNICIPALITIES.
AND SEVERAL YEARS AGO, MY CLIENT WENT TO THE CITY OF YONKERS IN ORDER TO CONTINUE OR TO USE THE PROPERTY IN THE BACK FOR HIS BUSINESS.
'CAUSE I THINK WE'RE ALL FAMILIAR WITH THE BUSINESS THAT THAT IS BEING RUN THERE.
UM, IT'S A, IT'S A NURSERY AND LANDSCAPING BUSINESS
HOWEVER, IT WAS FOR SITE, A SITE APPROVAL WORK TO BE ABLE, UH, TO USE THE PROPERTY IN THE BACK.
BUT THE CITY OF YONKERS SAID, NO, YOU CANNOT DO THAT.
YOU CAN ONLY USE IT FOR RESIDENTIAL USES.
THAT PROPERTY IN THE BACK IS OWNED AS AN
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S 50 ZONE IN THE CITY OF YONKERS, WHICH IS A SINGLE FAMILY ZONE WITH 50 FOOT WHITE LOTS.SO THEY TOLD HIM, THAT'S ALL YOU CAN DO WITH IT.
SO HE SAID, OKAY, I'LL SEE WHAT I CAN DO.
SO THEN WE SPOKE TO THE CITY OF YONKERS PLANNING DIRECTOR, WHO WAS THEN LEE ELMAN, AND HE SAID, UH, YEAH, WE'D CONSIDER A SUBDIVISION BACK THERE IF YOU CAN GET A DRIVEWAY TO GO TO ACCESS THE PROPERTY.
IF YOU CAN, IF GREENBERG WILL ALLOW YOU TO HAVE A DRIVEWAY TO THE BACK PROPERTY, THEN WE'LL CONSIDER A SUBDIVISION, UH, APPROVAL.
USE IT FOR RESIDENTIAL USE, WHICH IS WHY WE'RE HERE.
UM, WE'RE HERE TO, UH, REALLY JUST REQUEST A DRIVEWAY FROM JACKSON AVENUE DOWN TO THE, TO ACCESS THE PROPERTY IN THE CITY OF YONKERS, AS YOU CAN SEE.
AND WE'VE DESIGNED IT IN SUCH A WAY, UH, THAT THE FIRE DEPARTMENT COULD ACCESS IT.
AS YOU CAN SEE, THE, UM, THE CUL-DE-SAC IS, UH, 90, I THINK IT'S 94 FEET IN DIAMETER, BUT IT'S DIAMETER.
BUT IT'S DESIGNED TO ACCOMMODATE THE CITY OF BIANERS FIRE APPARATUS.
AND, UM, AND THAT'S REALLY THE WHOLE PURPOSE OF DOING THIS PROJECT IS SIMPLY TO GET A DRIVEWAY DOWN TO THE CITY OF BIANERS PROPERTY.
AND IF WE WERE ABLE TO GET, UM, A DRIVEWAY FROM THE TOWN OF GREENBURG, WE WOULD THEN GO TO THE CITY OF YONKERS AND WE WOULD REQUEST A SUBDIVISION APPROVAL, UH, WHICH WE WOULD HAVE TO ACTUALLY MAP THAT LITTLE PORTION OF THE STREET THAT'S ACTUALLY IN THE CITY OF YONKERS THAT WOULD GET PUT ON THE OFFICIAL CITY MAP OF THE CITY OF YONKERS.
AND IT WOULD OFFICIALLY BE THE SMALLEST STREET OR DRIVEWAY ON THE CITY MAP IN THE CITY OF YONKERS
UM, BUT THAT'S WHAT WE WOULD HAVE TO DO.
THAT WOULD BE THE NEXT PROCESS.
AFTER THAT, WE'D STILL HAVE TO GO TO THE COUNTY OF WESTCHESTER AND ASK FOR SUBDIVISION APPROVAL THERE.
SO, UH, THERE'S STILL QUITE A BIT OF WORK TO DO, BUT THE FIRST STEP FROM THE CITY OF YONKERS POINT OF VIEW IS TO SEE IF WE COULD EVEN GET ACCESS TO THAT PROPERTY.
AND THAT'S THE REASON, UH, WHY WE'RE HERE TODAY.
AND IN FILING THIS, WE'VE COME ACROSS A FEW VARIANCES.
UH, ONE OF WHICH IS THE DRIVEWAY.
SO THE REQUIREMENT FOR A SIDE YARD HERE, AS YOU KNOW, 16 FEET AND OUR DRIVEWAY GOES IS 10 FEET FROM THE SIDE LOT LINE.
AND THAT'S A VACANT LOT, WHICH IS ON THE OTHER SIDE RIGHT NOW.
AND, UM, WE MOVED IT 10 FEET OFF TO PROVIDE A BUFFER FROM THE, UH, FROM THE PROPERTY, FROM ADJOINING PROPERTY.
HOWEVER, IF WE MOVED IT ANY FAR, THAT WOULD REALLY IMPACT MY CLIENT'S BUSINESS.
AND HE DOES INTEND TO CONTINUE THE BUSINESS, ALTHOUGH BY DOING THIS, UH, WORK, HIS BUSINESS WILL ACTUALLY BE REDUCED SLIGHTLY.
SO IT'S NOT REALLY INTENSIFYING, BUT HE, UH, IT WILL BE REDUCED SLIGHTLY BECAUSE OF THAT.
UM, SO THAT'S ONE OF THE VARIANCES.
THE OTHER VARIANCE IS THERE'S IMPERVIOUS SURFACE HERE, AND IT'S BEEN IN EXISTENCE FOR QUITE SOME TIME.
AND, UH, WE'RE ACTUALLY REDUCING IT FROM WHAT IT WAS.
LAUREN, WHAT'S THAT NUMBER? 57? 64.5 EXISTING.
SO WE'RE ACTUALLY REDUCING IT SLIGHTLY, UH, OF THE IMPERVIOUS SURFACE.
AND ANO THE OTHER, UH, VARIANCE WOULD BE, IT'S A NON-CONFORMING USE.
SO THAT, UH, AND WE UNDERSTAND THAT.
AND, UH, THE BUILDING INSPECTOR HAS CITED A, A, UM, AN INTENSIFICATION OF THE NON-CONFORMING USE, BUT WE'RE ACTUALLY REDUCING THE ACTUAL BUSINESS.
BUT I GUESS IT'S TO MEMORIALIZE IT BECAUSE IT'S BEEN HERE FOR SO LONG, UH, AS A NON-CONFORMING USE.
AND IF YOU'LL NOTICE ON THE EAST SIDE OF THE PROPERTY, UH, WE DO HAVE A PARKING AREA DOWN THERE, UM, BY THE SHEDS.
NOW THE SHEDS HAVE BEEN MOVED OUTTA THE REQUIRED SETBACKS, SO THAT'S NO LONGER A VARIANCE, BUT WE'RE GOING TO MOVE THEM OUTTA THERE.
AND THEN WE HAVE A LITTLE AREA ON THE EASTERN SIDE OF THE SITE PLAN THAT, OH, YEAH, LAUREN COULD SHOW IT HERE, UM, HERE.
THAT'S INSIDE THE 16 FOOT REQUIRED SETBACK.
AND THAT'S THE OTHER VARIANCE.
WE'RE 7.7 FEET OFF THE SIDE LOT LINE WITH THAT PARKING AREA.
AND THAT'S THE OTHER VARIANCE THAT WE'D BE LOOKING FOR.
UM, AND THAT'S ESSENTIALLY THE SHORT VERSION OF OUR PROJECT.
UM, AND WE'D BE HAPPY TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE TO THE BEST OF OUR ABILITY.
SO YOU MENTIONED THAT THAT'D BE THE SMALLEST STREET IN YONKERS TERMS OF SNOW REMOVAL OR ANYTHING ELSE.
WHO'S RESPONSIBLE FOR THAT? WOULD IT BE THE HOMEOWNERS? YES.
AND, AND THE, OUR CLIENT, SAL AND SEWAGE.
AND ANYTHING ELSE? WHO WOULD THAT BE RESPONSIBLE? WOULD THAT BE ON THE YONKERS SIDE OR, WELL, EACH INDIVIDUAL HOME IS GONNA HAVE ITS OWN INDIVIDUAL CONNECTION THROUGH A PROPERTY IN THE CITY OF YONKERS AND CONNECTING TO THE CITY OF YONKERS SANITARY SEWER SYSTEM.
SO THEY'LL EACH BE, UH, RESPONSIBLE FOR THEIR OWN SEWAGE SYSTEM.
AND THEN YOU DID MENTION THAT IN THE CASE, GOD FORBID, A FIRE, IT'S JANKA'S RESPONSIBILITY FOR ACCESSING THAT ROAD, OR WOULD THAT BE YES, BUT THEY ALSO HAVE A SHARED USE AGREEMENT WITH GREENBERG, LIKE THEY DO WITH MOST.
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UM, AND THAT'S ALREADY WRITTEN THAT WITH MOST TOWNS.IS THAT ALREADY WRITTEN THAT THEY, THE GREENBERG SAID THAT THEY WOULD FOLLOW UP? NO, I DON'T HAVE ANYTHING FROM THE FAIRVIEW FIRE DEPARTMENT THAT THEY WOULD DO THAT.
BUT, UH, CITY OF YONKERS, UH, DOES HAVE WITH THAT SHARED AGREEMENTS WITH THEIR ADJOINING TOWNS WHEN THEY NEED IT.
OH, AND, AND THIS, THIS IS WHAT THE, UH, THE FORCE MAINS WOULD LOOK LIKE.
THAT WOULD COME FROM EACH DWELLING UP THROUGH THE CITY OF YONKERS.
THIS IS ALL INSIDE THE CITY OF YONKERS AND CONNECT.
DO YOU HAVE A, A, A, CAN YOU, DO YOU HAVE AN ARROW OR SOMETHING? YEAH, COULD I'M, I'M NOT ABLE TO FOLLOW WHERE YOU ARE.
SO HERE, SO EACH HOME HAS A FORCE MA COMING OUT THE REAR.
AND THEN ALSO JUST GIVE YOUR NAME FOR THE RECORD.
HI, MY NAME IS LAUREN FINNEGAN.
I'M AN ENGINEER WITH P, S AND S.
AND, UH, CAN YOU SEE WHERE MY ARROW IS RIGHT HERE? YES.
UH, SO EACH HOME WOULD HAVE A FORCE, MAINE COMING OUT THE BACK OF IT.
THAT'S THE SEWER, THE SANITARY SEWER.
AND, UH, IT WOULD BE GOING TOWARDS THE CITY OF YONKERS TO HEARTHSTONE STREET.
SORRY, LEMME JUST SHOOT THAT DOWN.
AND RIGHT HERE YOU CAN SEE THEY COME OUT THE REARS THE HOMES AND, UH, IT GOES THROUGH THE BACK TOWARDS THE CITY OF YONKERS.
AND IT WOULD CONNECT TO THE EXISTING SEWER IN THAT STREET AND WATER AS WELL.
ANY UTILITIES WOULD BE COMING FROM THE YONKERS SIDE OR NO, IT'S, IT'S OUR INTENTION TO, UH, DO A WATER MAIN EXTENSION FROM JACKSON AVENUE.
SO THAT WOULD BE GREENBURG WATER THAT THE RESIDENTS WOULD PURCHASE.
AND, UM, SUCH ARRANGEMENTS ARE, UM, ALREADY IN EFFECT IN SOME OF THE OTHER STREETS THAT ARE ACTUALLY PRETTY CLOSE TO HERE.
I'VE HAD SOME, UH, CONVERSATIONS WITH THE CITY OF YONKERS AND SANITATION PICKUP WOULD BE THE CITY OF YONKERS WATER COMPANY TOO.
PARDON ME? THEY APPROVED THE WATER COMPANY SAID YES.
AND THE GREENBERG WATER DEPARTMENT HAS ALSO ACKNOWLEDGED THAT THAT'S POSSIBLE.
SO SANITATION, YONKERS AND SANITATION WOULD WATER GREENBURG YEP.
FIRE INTO MUNICIPAL AGREEMENT.
THAT'S, WHAT IS IT GONNA BE EJECTOR PUMPS GOING BACK UP TO YONKERS, OR EXCUSE ME, WHEN THEY SAY IT'S FORCED, FORCED SEWARD.
YEAH, THEY'RE FORCED MAIN, YEAH, THEY'RE LIKE, UM, IT'S A LOW PRESSURE FORCE MAIN SYSTEM.
YOU MIGHT HAVE HEARD OF E ONE.
I THINK THEY WERE BOUGHT BY SOMEBODY ELSE, BUT IT'S A SYSTEM.
AND, UH, IT'S, IT MACERATE THE SEWAGE INTO A SLURRY RIGHT.
AND THEN PUSHES IT THROUGH THIS, UH, THROUGH VERY LIKE A INCH AND A QUARTER FORCE MAIN.
SO THEY'RE VERY, QUITE SMALL AND THEY'RE VERY RELIABLE.
AND, AND WHO MAINTAINS THE SECTION OF THE, THE, UH, DRIVEWAY AS IT GOES IN THROUGH GREENBERG? HI, SAL.
UH, I WILL BE PERSONALLY, YOU KNOW, RESPONSIBLE 'CAUSE IT'S AN EASEMENT FOR OURSELVES TO GO THROUGH TO THE PROPERTY.
AND IF YOU SHOULD NO LONGER OWN THE PROPERTY, THEN WHAT HAPPENS? IT WOULD BE TRANSFERRED TO THE OWNER WHO PURCHASED THE PROPERTY THROUGH THE WRITTEN AGREEMENT.
THE WRITTEN DEED COVENANT? YES.
HOW WIDE IS THIS DRIVEWAY? UH, DRIVEWAY SHOULD BE A MINIMUM 20.
WELL, WE HAD TO, IT HAD TO BE A MINIMUM, UH, TO DRIVEWAY.
THAT'S THE MINIMUM IN ORDER FOR FIRE ACCESS.
SO WHY DID, WHY IS IT 24 JUST EASIER FOR TWO-WAY TRAFFIC? HOW OFTEN IS THERE GOING TO BE TWO-WAY TRAFFIC WITH FOUR HOMES? UM, YOU NEVER KNOW.
NOT OFTEN, BUT I DIDN'T, THEY CAN'T WAIT 30 SECONDS FOR THE END.
SO IF, IF YOU, IF YOU CAN MAKE THINGS EASIER, WHY NOT? AND THAT'S, WELL, BECAUSE THAT AFFECTS YOUR VARIANCE.
AND UM, I THOUGHT THAT WAS A MINIMUM OF 24 FEET THAT THE TOWN AND I, I GUESS I'M A LITTLE BIT CONFUSED ABOUT WHERE IS THE EXISTING DRIVEWAY NOW? IT'S JUST GONNA BE PART OF THE PARKING LOT.
THIS IS THE EXISTING CURB CUT FOR THE DRIVEWAY.
NOW IT GOES BASICALLY RIGHT UP TO THE PROPERTY LINE AND THEN HIGH IT GOES RIGHT UP TO THE PROPERTY LINE RIGHT HERE IS THIS CURB CUT.
AND SO THE AR THE AREA THAT I, I WAS TAUGHT TODAY WHEN I WAS THERE, IT'S JUST WOODED VINES AND ALL THAT.
THAT'S STAYING THE SAME WAY IT WAS.
SO IT'S EXACTLY WHERE YOUR WALL IS NOW.
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THAT'S THE EXISTING DRIVEWAY.BUT WE'LL BE COMING OFF OF THAT DRIVEWAY 10 FEET FROM THAT WOODED AREA THAT YOU'RE TALKING ABOUT.
THE FENCE WILL BE NOW HAVING THE DRIVEWAY 10 FEET AWAY FROM THERE.
THERE'LL BE A LANDSCAPE BUFFER IN BETWEEN THERE.
SO YOU'RE MOVING THE EXISTING DRIVEWAY THAT GOES DOWN INTO YOUR PROPERTY? YES.
AND YOU'RE CREATING A BUFFER FROM THAT CON, THAT STONE WALL THAT'S THERE.
THIS DRIVEWAY COMES IN HERE SO THAT THE, THE CREEK THAT'S ON THE OTHER SIDE OF THE WALL IS NOT TOUCHED OR IMPACTED IN ANY WAY.
NO, THOSE WERE A COUPLE OF MY QUESTIONS HERE.
AND SO HOW WILL YOUR BUSINESS BE ACCESSED? WE'RE GOING, OR ARE YOU SHARING A DRIVEWAY WITH THESE, WITH THE RESIDENTS? IT'S GONNA BE COMING IN FROM THE OP, OTHER SIDE OF THE PROPERTY WHERE THE RESIDENCE HOUSE IS.
AND OH, IT WON'T BE A U SHAPE ANYMORE? NO.
JUST ONE, ONE THING TO KEEP IN MIND.
UH, IF THE REST OF THE PROJECT DOESN'T GET APPROVED, THE DRIVEWAY WILL NOT BE CONSTRUCTED.
IF WE DON'T GET THE SUBDIVISION APPROVAL FROM THE CITY OF DOCKERS IN WESTCHESTER COUNTY.
IT, IT JUST SAVE ACCESS TO, UH, IT JUST SAYS AS IS.
AS IS TO THE ACCESS FOR THE NURSE LIVING.
WHY DO YOU NEED COUNTY APPROVAL? UH, BECAUSE THE COUNTY HAS A REALTY SUBDIVISION PROGRAM.
AND WHEN YOU HAVE A CERTAIN AMOUNT OF LOTS, UM, YOU'RE REQUIRED TO GO THROUGH THEIR REALTY SUBDIVISION PROGRAM.
AND I BELIEVE IN THE CITY OF YONKERS, IT'S, IF YOU HAVE, IF YOU CREATE FIVE OR MORE LOTS, AND IN THIS CASE WE WOULD HAVE FIVE, SOME OF THESE CONCRETE WALLS THAT I SEE IN YOUR PLAN ON THE BOTTOM OF WHERE THE HOUSES ARE AND WHERE THE BOTTOM OF THE CIR OR THE, THE SIDE OF THE CIRCLE WOULD BE.
AND YOU HAVE THE STORAGE BAYS THERE.
ALL OF THAT IS NEW PROPOSED DESIGN FOR YOUR BUSINESS AS WELL? YES.
WE'RE GONNA BE, THEY'RE THERE EXISTING AND WE'RE GONNA BE SHIFTING 'EM TO A DIFFERENT LOCATION.
NO, SHE MEANS THE BINS YOU'RE TALKING ABOUT THE BINS THAT ARE HIGHLIGHTED HERE ON THE PLAN? NO, I'M, I'M TALKING IN BETWEEN THE CIRCLE AND THE HIGHLIGHT.
IT SAYS WHERE IT SAYS LIGHT POLE IN ONE OF THE BINS HERE.
THOSE BINS, THOSE ARE EXISTING.
THOSE WILL MAINTAIN, THOSE WILL STAY.
AND ALSO THE, THE CITY OF YONKERS, THE HOMES, THE WALLS THERE THAT HASN'T BEEN REALLY DESIGNED YET, THOUGH.
JUST TO SHOW THAT WE COULD FIT FOUR HOMES THERE.
BUT THOSE HOMES HAVE NOT BEEN DESIGNED.
ANY QUESTIONS FROM THE AUDIENCE? ANY, ANYTHING FROM THE TOWN? MY NAME IS, UH, JAY SQUI, BUILDING PLANS EXAMINER, TOWN OF GREENBURG.
UM, A MEMO WAS SENT TODAY, UH, AT FOUR 30 WITH UPDATED, UM, DIMENSIONS FOR THE OFFSETS AND LOOKED LIKE IT REMOVED SOME OF THE, UM, REFUSALS, BUT THAT WASN'T SHOWN ON THIS PRESENTATION.
WHAT'S GOING ON THERE? SO IN TERMS OF THE SETBACKS, UH, WE HAD ALREADY PRE AT A PREVIOUS MEETING FOR THE PLANNING BOARD, WE'D PRESENTED THE IDEA OF THE SHEDS BEING MOVED.
UH, THE TWO SETBACKS THAT WERE CHANGED WERE THE SETBACK FOR THE ACCESSORY TO THE SIDE AND THE ACCESSORY TO THE REAR, WHICH YOU CAN SEE RIGHT HERE.
AND I'LL PULL UP THE MEMO THAT YOU WERE TALKING ABOUT.
UH, I HAD SUBMITTED A ZONING TABLE TO THE ZONING DEPARTMENT EARLIER THIS WEEK, AND I MADE A COUPLE UPDATES TO THAT TO TODAY FOR PER COMMENTS THAT I'VE RECEIVED BACK.
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ONE OF THEM WAS TO REMOVE THE, UH, THE MENTION OF A REAR TO A DRIVEWAY TO THE REAR YARD SETBACK, WHICH WOULD BE HERE AT THE, THE SWITCHOVER FROM GREENBURG TO YONKERS.THAT WAS OBVIOUSLY ZERO FEET BECAUSE IT JUST CROSSES THE BORDER.
AND SO I WAS TOLD TO REMOVE THAT 'CAUSE THAT'S NOT A NECESSARY VARIANCE.
AND THAT WAS THE ONLY THING THAT I REMOVED FROM THAT ZONING TABLE.
THE ONLY OTHER UPDATES WERE JUST TO THAT, UH, DRIVEWAY TO THE EASTERN SIDE LOT LINE SETBACK.
I ADDED THIS JUST TO CALL OUT THE 7.7 FEET, WHICH WAS THAT TRIANGLE THAT WE TALKED ABOUT RIGHT HERE.
DO YOU HAVE ANY OTHER QUESTIONS? THANK YOU.
UH, ED LIEBERMAN COUNSEL, I I JUST WANT TO YOU TO GO THROUGH THOUGH ALL THE VARIANCES BECAUSE FRANKLY, I DID NOT SEE A SEVEN FOOT, 7.7 FOOT VARIANCE ON THE APPLICATION, NOR DID I SEE IT IN THE ORIGINAL AGENDA FOR TONIGHT.
WAS IT LEGALLY NOTICED THE 7.7 AND WHERE, WHAT, WHAT WAS THAT SETBACK? PREVIOUS 16? IT WAS, IN OTHER WORDS, THE PREVIOUS CITATION WAS ZERO AND WE THOUGHT THAT WE COULD DO BETTER THAN THAT.
SO, UH, WE'RE ONLY REQUESTING WE MOVED THE, UH, IMPERVIOUS SURFACE BACK AWAY FROM THE LOT LINE, SO IT WOULD NO LONGER BE ZERO.
SO WE'VE REDUCED THE VARIANCE, UH, IN ORDER TO MAKE THINGS BETTER.
SO THE, AND, AND THEN THE WHOLE ENTIRE AREA NOW IS JUST THAT ONE PIECE, THAT LITTLE HIGH, RIGHT, RIGHT, RIGHT.
BUT THE POINT IS WHETHER OR NOT IT WAS NOTICED OR NOT.
SO THE ANSWER IS THE ORIGINAL CITATION HAD IT AS ZERO.
AND WE'VE NOW, IS THAT THE ONE FOR THE, FROM THE EXISTING NURSERY GRAVEL PARKING AREA? IS IT, IS, IS THAT WHAT IT'S, IT'S, SO YOU'RE STILL REQUESTING THE 10 FEET FROM THE SUBDIVISION ACCESS DRIVEWAY? CORRECT.
AND THE, THIS AND THE SETBACK FROM THE GRAVEL PARKING AREA IS NOW 7.7? YES.
AND THE LEGALIZATION OF THE EXPANSION, THAT'S THE LAST VARIANCE, YES.
AND, UH, THE IMPERVIOUS SURFACE IS NOW 57.9, IS IT? YES.
AND IF YOU LOOK TO NARROW THIS DRIVEWAY, THAT 16 COULD BE REDUCED TO LIKE 12.
WELL, IF WE NARROWED IT, WE WOULD STILL BE NEEDING VARIANCE.
HOWEVER, A 20 FOOT ROAD, THAT'S THE, THAT'S THE MINIMUM.
SO IT REPRESENTS THE NARROWEST ROAD THAT WE'RE LEGALLY ALLOWED TO BUILD FOR FIRE ACCESS.
SO WE THOUGHT WE WOULD PROVIDE JUST A LITTLE MORE TO MAKE IT A LITTLE EASIER FOR TWO-WAY TRAFFIC SHOULD IT OCCUR.
AND THAT'S, THAT'S, CARS ARE NOT 10 FEET WIDE, CARS ARE SEVEN, EIGHT.
BUT A LANE OF TRAFFIC NORMALLY YOU WOULD FIND ON THE STREET WOULD BE 12.
WELL, I MEAN, WE'RE REQUESTING 24.
IF YOU WOULD, YOU CAN, UH, MAKE YOUR RECOMMENDATION AND WE'LL GO FROM THERE.
ANY OTHER QUESTIONS? ANYTHING ELSE THE APPLICANT WISHES TO SHARE? NOT AT THE MOMENT, BUT WE THANK YOU VERY MUCH FOR YOUR ATTENTION.
AND THE NEXT CASE ON TONIGHT'S AGENDA
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IS CASE 24 35.JOSE, THE PEAK AND JUDGE, I CAN'T PRONOUNCE THE LAST NAME CORRECTLY PROBABLY, BUT IT'S ONE THERE.
UH, MICHAEL MCGARVEY, UH, PROFESSIONAL ENGINEER REPRESENTING THE APPLICATION.
UM, 24 35 FOR ONE THERESA LANE IN SCARSDALE, NEW YORK.
UH, UH, WE WERE HERE LAST MONTH, UH, DECEMBER 16TH, I THINK.
UM, AND WE KIND OF ASKED TO BE RECUSED, NOT RECUSED, UH, POSTPONED THIS, UH, THE, THE, UH, ANY DECISION.
AND SO THIS MONTH, BECAUSE THERE WAS A, THERE WAS A, UM, A VARIANCE ON THE, THE NOTICE THAT I DIDN'T AGREE WITH.
UM, AND SO WE HAD IT CHECKED OUT AND, UH, WITH THE BUILDING DEPARTMENT THE, THE FOLLOWING DAY, AND THEY, UH, THEY AGREE IT IS, IT SHOULD NOT HAVE BEEN ON THERE AND IT WAS REMOVED.
UM, SO THERE'S ONLY ONE VARIANCE THAT WE ARE REQUIRING REQUESTING.
AND THAT'S, UH, THE ZERO SETBACK FROM THE FRONT PROPERTY LINE FOR A, UH, FRONT YARD PATIO.
UM, THE, UM, AND THIS, THERE'S SOME MEMBERS HERE THAT WERE NOT HERE LAST WEEK OR LAST MONTH.
UM, SO JUST QUICKLY WHERE WE WERE, UM, THIS LOT IS, IS LOW.
UH, YOU CANNOT SEE THE FRONT OF THIS, UH, WHERE THIS PATIO'S GOING FROM THE ROAD AT OR THE SIDEWALK AT ALL.
THERE IS NO SIDEWALK, ACTUALLY IT'S ROAD.
UM, THERE'S A BUFFER ZONE AND THEN THERE'S A DROP DOWN TO THE, UH, TO THE, UH, FRONT YARD.
UM, AND THE REAR YARD IS PRETTY UNACCESSIBLE DUE TO THE AMOUNT OF STAIRS THAT YOU HAVE TO, UH, GO DOWN OR COME UP, WHICH IS EVEN WORSE, BY THE WAY.
UM, THE, THE DROP IS PRETTY SEVERE.
UM, SO THE, THIS HAD, IT HAS TO BE ABOUT 25, 30 STEPS, UH, TO GO UP FROM THE BACKYARD TO THE FRONT YARD.
UM, AND THAT'S BASICALLY THE HEIGHT OF THE, UH, THE, THE HOUSE OR THE, THE, THE SIDE OF THE HOUSE.
UM, LA LAST MONTH WE WERE, I WAS CHARGED WITH TO, TO DO A COUPLE THINGS.
ONE OF 'EM WAS TO SPEAK WITH THE NEIGHBORS BEHIND US AT 15 FORT HILL ROAD, WHICH WE, I MET WITH THEM AND SEPARATELY THE OWNERS OF THE CLIENTS HAD MET, MET WITH THEM AS WELL.
UM, WE LISTENED TO WHAT THEIR ISSUES WERE, UM, AND THEY HAVE VALID POINTS.
AND THE, UH, MY CLIENT AGREES TO, UH, TAKE CARE OF THOSE ISSUES.
UM, THE OTHER, UH, ONE WAS THE, WANTED ME TO SPEAK WITH THE BUILDING DEPARTMENT OR THE ENGINEERING DEPARTMENT IN GREENBURG HERE.
THEY WROTE ME A LETTER BACK, WHICH IS ACTUALLY A SEPARATE, UM, ISSUE FROM WHAT I'M HERE FOR TONIGHT WITH, WITH THE VARIANCE.
UM, AND THAT'S PRETTY MUCH IT.
I MEAN, IT'S PRETTY STRAIGHTFORWARD.
YOU KNOW, THERE'S, THERE'S SOME ISSUES WITH THE DRAINAGE FROM THE PEOPLE IN THE BACK, BUT AGAIN, WE SPOKE WITH THEM, UM, AND WE BELIEVE WE CAN WORK THAT OUT.
UM, SEPARATELY, QUESTIONS, DO YOU HAVE ANYTHING REGARDING YOUR CONVERSATIONS AND AGREEMENTS WITH THE NEIGHBORS IN WRITING? UH, NO.
UH, THEY WERE HERE LAST MONTH.
UH, AGAIN, WE MET WITH THEM JUST LAST SUNDAY.
YOU WENT SUNDAY AS WELL? UH, BOTH.
AND I BELIEVE I, I, I THOUGHT SHE WAS GONNA COME, BUT I GUESS NOT.
SHE WE'RE LOOKING TO SEE IF PERHAPS SHE'S ONLINE.
IT'S, IT'S, UM, A LITTLE CONFUSING TO ME HAVING BEEN THERE TODAY.
UM, THAT IF YOU'RE LOOKING FROM THERESA LANE.
UH, THAT THE AREA TO THE LEFT OF THE HOUSE YEP.
IS COMPLETELY PAVED IN MCADAM.
I HAVE PHOTOS IF YOU OH, HECK YEAH.
NO, I I I'M NOT DISPUTING THAT.
SO IS THAT USED AS PATIO SPACE? NO, THAT'S A, THAT'S A DRIVEWAY.
THIS IS, THERE'S, THERE'S NOT A, THE DRIVEWAY THAT'S NOT MACADA.
THEN I CAN SHOW YOU THE PHOTO TODAY.
I WOULD LOVE TO SEE EACH PHOTOS THAT IS LEFT.
THAT'S, THAT'S, THAT'S NOT A DRIVEWAY.
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MCCADA? NO, MCCADA IS THE S ESCORT.SO I'M SAYING, WHAT IS THAT USED? DO YOU HAVE ALTERNATIVE, YOU HAVE THE BIG PATIO IN THE BACKYARD THAT YOU SAY IS DOWN A LOT OF STAIRS.
DID YOU GO DOWN THERE? DID YOU GO DOWN STEPS? UH, I, I WOULDN'T INTERFERE AND GO ON SOMEONE'S PRIVATE PROPERTY.
UM, BUT I DID SEE THAT PAVED AREA TO THE LEFT OF THE HOUSE.
AS YOU'RE LOOKING AT THE HOUSE AND IT ENDS, YOU HAVE THE TWO GARAGE DOORS AND IT ALL ENDS.
AND THEN THERE'S A BIG PAVED AREA THAT IS THE DRIVEWAY IS, UM, TO THE SIDE.
YOU HAVE TO TELL ME WHO YOU'RE, UH, I'M, UH, I'M SHAJI, UM, UH, SHAJI MON, FULL NAME.
THE DRIVEWAY IS NOT IN, ONLY IN FRONT OF THE HOUSE.
IT'S GOING TO THE SIDE A LITTLE BIT TO THE SIDE DOOR.
IT'S NOT LISTED AS BEING ASPHALT ON YOUR DRAWINGS OR IT'S NOT SHOWN ON THE ONES THAT I STATED.
SO PERHAPS I'M NOT SO I'M JUST, UH, THERE'S NO COLD AREA.
YOU'RE ASKING FOR MORE USABLE OUTDOOR SPACE.
AND SO IT SHOWS ASPHALT DRIVEWAY, UH, YEAH.
THERE IS NO, UM, UM, PA PAVE AREA THERE.
SO IT CHOOSES A PARKING AREA FOR EXTRA CARS.
UH, WE ARE NOT USING THAT FOR THE PARKING ONLY.
WE ARE PARKING IN FRONT OF THE HOUSE.
I DON'T KNOW IF YOU COULD GO DOWN THE DRIVE, I DUNNO IF YOU TRIED TO GO DOWN THE DRIVEWAY OR NOT, BUT IT'S VERY STEEP.
I, I HAVE, I I, OKAY, THIS IS, I'M NOT TALKING ABOUT THE AREA IN FRONT OF THE GARAGES.
I'M NOT TALKING ABOUT THAT AT ALL.
I'M TALKING ABOUT THE FLAT, OPEN, PAVED AREA ADJACENT TO THE, TO HOUSE TO THE LEFT.
THE, TO THE LEFT OF THE GARAGE.
JUST SAY IN ORDER TO GET THERE, YOU HAVE TO GO DOWN THE DRIVEWAY, CORRECT? NO, YOU CAN WALK FROM THE FRONT DOOR OVER THERE.
AND YOU SAID THERE'S A SIDE DOOR THERE.
YOU JUST SAID THAT THERE IS NO SIDE DOOR.
OKAY, BUT I'M, I'M JUST SAYING YOU WERE ASKING US TO GIVE PATIO USABLE OUTDOOR SPACE.
THAT'S, THAT'S THE REQUEST, RIGHT? CORRECT.
THIS LARGE OUTDOOR FLAT PAVED SPACE IS NOT JUST SUFFICIENT TO MEET THE NEED SO THAT YOU WOULD NOT NEED THAT.
YOU'RE ASKING FOR US TO GIVE YOU A, A VARIANCE FOR OKAY, I UNDERSTAND.
UM, AND MY, MY REPLY, MY REPLY WOULD BE THAT IN ORDER TO GET TO THAT FLAT AREA, WHICH I AGREE IS A NICE LITTLE FLAT AREA, WHICH THEY USE FOR PARKING, UM, THEIR CAR, BECAUSE THEY HAVE, UH, THREE CHILDREN, UM, AND THE TWO OF THEM WORK.
SO THEY, YOU KNOW, THERE'S MULTIPLE CARS.
UM, BUT IN ORDER TO GET TO THAT FLAT AREA, YOU HAVE TO GO DOWN THE STEEP DRIVEWAY.
AND THAT'S WHAT I'M JUST SAYING.
AND, AND NOT IF YOU'RE IN THE HOUSE, YOU'D HAVE TO GO DOWN THE STEEP, STEEP NO, I, NO, ABSOLUTELY, ABSOLUTELY.
GET TO THE PATIO YOU'RE ASKING FOR.
SO YOU, ALRIGHT, SO THAT'S, THAT'S, THAT ARGUMENT MAKES NO SENSE.
THAT IS THE EXTENSION OF THE FRONT PARKING AREA.
THERE IS NOT, UM, WE CANNOT USE THAT ONE.
THAT'S A EXTENSION OF THE, THE DRIVEWAY.
AND, UH, IN THE WINTER TIME, UH, WE CANNOT PARK OUTSIDE.
SO WE HAVE TO PARK ALL THE CAR.
SO WHEN WE PARK THREE CARS INSIDE, WE CANNOT EVEN WALK THERE.
THERE IS NO SPACE? NO, IT'S A SPACE FOR THREE CARS.
ACTUALLY UNDERSTANDING THE QUESTION.
DO YOU HAVE SOMETHING ON, UH, PLAN THAT YOU HAVE HERE THAT YOU COULD PUT UP? UH, THAT I COULD PUT UP? YES.
UM, CARRIE, DO YOU HAVE THE, UH, COPY OF PLANS FOR THE,
[00:35:15]
I MEAN, I CAN SHOW YOU WHAT THE, OH, THERE IT IS.CAN YOU SEE IT UP HERE? OH YEAH.
UH, WHERE ARE WE GOING? ALRIGHT, UH, ALRIGHT, STOP RIGHT THERE.
YOU SEE, YOU, YOU CAN SEE WHERE THE, UH, THE DRIVEWAY IS COMING DOWN.
YOU SEE WHERE THE STAIRS ARE COMING DOWN FROM THE, UH, FROM THERESA LANE IN THE FRONT THERE.
UM, GO DOWN, KEEP GOING DOWN TOWARDS THE HOUSE.
NOW COME LEFT, LEFT DOWN, DOWN, DOWN, DOWN, DOWN, DOWN.
THAT'S THE AREA THAT I BELIEVE YOU'RE REFERRING TO, CORRECT? NO, IT'S NOT.
SHE'S REFERRING TO NO, THAT IS THE GATE.
SO THE DRIVEWAY COMES DOWN HERE? YES.
OKAY, SO THIS IS ALL DRIVEWAY? YES, I GET IT.
YOU KNOW WHAT, THERE'S A SQUARE, RIGHT? THAT SQUARE IS YES.
THIS ONE, THIS AREA IS GOING TO, WE CAN PARK A CAR, BUT THIS IS, AND AFTER THAT BIG DEEP, THIS IS PARKING ONE, TWO CARS AND WE CAN PARK ONE CAR HERE.
WELL, YOU SAID YOU USED THE DRIVEWAY, THE GARAGE IN THE WINTER? NO, THERE IS, WE ARE NOT USING, WE, I'M SAYING IN THE WINTER TIME WE CANNOT PARK IN THE ROAD.
WE HAVE TO PARK IN FRONT OF THE HOUSE.
SO ONE CAR, TWO CARS, THREE CARS, THAT'S IT.
THIS IS NOT, UH, ON FOURTH SIDE OF THE HOUSE, HALF OF THE HOUSE.
AND AFTER THAT, VERY, THEN WE HAVE THE STEPS.
YOU SEE THE STEPS? THERE'S A VERY, NO, YEAH, NO, I, NO, I KNOW IT'S A RAVINE.
MAYBE I CAN MOVE THIS, THAT DESK.
SO TO MOVE THIS A LITTLE BIT FURTHER, YOU WANT ME TO SEND THIS? I, I THINK THE, AS AN EXHIBIT, THE, THE, CAN I SEE WHAT YOU'RE REFERRING TO? THE, THE QUESTION AND MAYBE OUR TOWN ENGINEER CAN RESPOND TO IT.
IT'S, IT'S THIS WHOLE AREA BASED ON WHAT WAS SEEN ON SITE.
IS THERE AN ISSUE WITH IMPERVIOUS SURFACE? OKAY.
BECAUSE CLEARLY ON THIS MAP, THERE'S A PATIO TO THE REAR OF THE PROPERTY.
THE DRIVEWAY, THE WALKWAY, THE NEW PORTION THAT WAS PLACED THERE.
AND NOW I GUESS THE BOARD IS QUESTIONING THE SMALL AREA THAT IS PAVED TO THE LEFT OF THE PROPERTY BASED ON THE PLANS.
THE IMPERVIOUS SURFACE IS 34.1.
BUT WE'RE, AND WE'RE ALSO A LITTLE LARGER THAN THE R 10 AS WELL, BY THE WAY.
PERVY SURFACE, THE EXISTING IS 28.9, AND THE PROPOSED IS 34.1.
AND THE IMPERVIOUS SURFACE, UM, UH, ALLOWED IS 37.25.
SO WE'RE WOEFULLY UNDER, NOT WOEFULLY, BUT WE'RE UNDER RIGHT.
I'M SORRY, COULD YOU SAY THAT AGAIN INTO THE MICROPHONE? SORRY.
THE REQUIREMENT FOR OUR R 10 ZONING DISTRICT, UH, FOR IMPERVIOUS SURFACE IS 37.25.
AND, AND WHAT IS THE REASON YOU WANT THIS ADDITION TO THE, THE, THE 10 FOOT VARIANCE? I MEAN, WHAT IS THE USE OF IT? YOU'RE ASKING FOR USE VARIANCE, RIGHT? IT'S A, IT'S AN, UH, AN AREA PARENTS AREA PARENTS, OKAY.
UM, THERE IS, UH, TWO MAIN REASONS.
UM, ONE IS MY, MY, I HAVE FOUR KIDS.
THREE OF MY THREE BOYS, THEY'RE IN THE SCHOOL
[00:40:01]
BASKETBALL TEAM.SO THE REASON WHY I MAKE MADE THAT ONE IS, UH, TO MAKE A, UH, BASKETBALL POOL BECAUSE THE BACKSIDE, WE, WE CANNOT USE THE BACKSIDE OF THE HOUSE.
A SECOND ONE IS, MY FOURTH ONE IS MY BA BABY GIRL.
SHE HAD A BAD ACCIDENT LIKE TWO YEARS BEFORE IN THE RIDGE HILL MALL.
SHE FELL FROM THE 24 FEET UP DURING THE, UH, ROCK, ROCK CLIMBING.
SHE FELL DOWN AND SHE GOT INJURED IN THE, UH, CERVICAL SPINE.
NOW SHE'S GETTING THERAPY AND SHE CANNOT DO THE STEPS, SO SHE CANNOT GO BACKYARD TO PLAY.
SO THAT'S ONE OF THE REASON I MADE IN FRONT OF THE HOUSE TO JUST TO PLAY FOR HER.
SO THAT'S THE MAIN TWO REASONS.
SO, SO YOU PUT IN THIS EXISTING, UH, YEAH, WE HAD A, YOU INSTALLED IT.
I DIDN'T KNOW IF YOU BOUGHT THE HOUSE WITH IT OR YOU INSTALLED IT.
THEY, UH, OBVIOUSLY THEY DID INSTALL IT AND I OBVIOUSLY IT WAS DONE WITH, YOU KNOW, WITHOUT, UM, HIM KNOWING HE WAS, WHATEVER HE WAS DOING WAS DOING ILLEGALLY OR DOING WITHOUT PERMISSION.
UM, I KNOW IT'S NOT A SIGN EXCUSE, IT'S JUST, UH, JUST A FACT.
THE, UM, THE, THE ROW OF ARBOR VARIETY BUSHES THAT ARE ALONG THE STREET.
AND THE ROW OF OUR BAES ALONG, I THINK IT'S THE SIDE ARE ALSO THOSE OR THE BACK.
THERE'S A SECOND ROW OF BARB BAES THERE, UH, ALONG THE RIGHT HAND ALONG FORT HILL ROAD, I GUESS SO.
NO, I DON'T THINK WAS THERE OR ON THE, ON THE SIDE.
ON THE OTHER SIDE OF, UH, BETWEEN UNION NEIGHBOR, THE OPPOSITE SIDE.
ARE THOSE NEW AS WELL BETWEEN YOU AND YOUR NEIGHBOR? THERE'S A ROW OF HARBOR VITAMIN.
DID YOU PLANT THOSE? ARE THOSE NEW? UH, ME AND MY NEIGHBOR, NO, THAT'S THE OLD ONE SOLD.
IT WAS EXISTING NEW ONE IS NOT ON THE ROAD SIDE.
YEAH, JUST THE ONE IN THE FRONT HE PLANTED.
AND NOW OBVIOUSLY THAT'S GONNA BE AN ADDITIONAL BUFFER.
UM, SO FROM THE PUBLIC, SO YOU CAN'T SEE OVER THERE.
AND AGAIN, THERE'S NOBODY, THERE'S NO SIDEWALK ON, ON THAT STREET.
UM, AND AGAIN, YOU CANNOT SEE IT FROM THE ROAD UNLESS YOU, UH, UH, PHYSICALLY ARE GOING ONTO THE PROPERTY AND YOUR NEIGHBORS ON THE BLOCK.
IT'S ALL VERY OPEN, YOU KNOW, FROM THE STREET TO SEEING THE HOUSES.
AND I REALIZE YOURS IS FURTHER DOWN A HILL THAN THEIRS ARE.
SOME ARE UP A HILL, SOME ARE DOWN, BUT YOURS IS THE MOST, UM, AND SO YOURS IS VERY DIFFERENT FROM THE REST OF THE BLOCK.
THE WAY IT'S PAVED AND EVERYTHING ELSE, EVERYBODY ELSE HAS GRASSY LAWNS AND A WALKWAY TO THE HOUSE.
IT'S, IT'S A VERY DIFFERENT LOOK.
WAS THE PURPOSE OF PUTTING THE ARBOR UP, WHAT WAS THE PURPOSE? UH, SCREENING, JUST AS YOU KNOW, TO, TO SOFTEN THE, UH, THE, THE, UH, THE VIEW FROM THE ROAD, UH, THE ROADSIDE VIEW.
UH, SO YOU'RE NOT LOOKING AT TURNER, JUST LOOKING AT THIS, THE HOUSE, YOU HAVE SOME KIND OF, UM, GREENERY SO THAT IT'S NOT, UM, IT'S NOT IN YOUR FACE SO TO SPEAK, YOU KNOW, THE OTHER HOUSES ARE CORRECT.
WELL, THE OTHER HOUSES, THEY'RE SET BACK.
LIKE YOU SAID, THERE'S SOFTER, THERE'S UH, THERE'S, THERE'S FRONT LAWNS.
YOU KNOW, WE, HE DOESN'T HAVE A FRONT LAWN.
UM, THERE'S NO AREA FOR A FRONT LAWN.
THE ONLY THING HE DOES HAVE IS A AREA THAT HE COULD POSSIBLY, UM, PUT, UH, THE PAVERS ON SO HE CAN HAVE A FRONT PATIO, SO TO SPEAK.
AND AGAIN, FOR HIS DAUGHTER THAT SHE GOT INJURED WITH THE SPINE.
UM, AND THE OTHER THING TOO IS HE DID RECEIVE, AND I DON'T KNOW IF YOU, YOU WEREN'T HERE LAST MONTH, UM, HE DID RECEIVE, I THINK IT WAS FOUR LETTERS FROM THE NEIGHBORS, UM, APPROVING OF WHAT HIS PROPOSAL IS FOR THIS AND INCLUDING NEXT DOOR.
AND, UH, A COUPLE OTHER NEIGHBORS THAT LIVE ON THE STREET ON THERESA LAKE.
UH, I GOT THE LETTER FROM ALL OTHER, UH, NEIGHBORS, BUT THIS NEIGHBOR HAD A CONCERN ABOUT THE WATER THING.
BUT WE TALKED TO THEM, BUT HE AGREED WITH THAT.
AND, UH, WE DECIDED, UH, WE, WE GOT AN APPROVAL FOR THE DRY IN THE BACKYARD, SO WE GONNA BUILD THAT ONE.
SO HE'S GOING WITH THIS OLD, I DON'T MEAN TO BE ARGUING, BUT I WOULD SAY TO SAY THAT THERE'S
[00:45:01]
NO FRONT LAWN.UM, WHEN HE'S PAVED, IT IS A, A LITTLE BIT OF AN OXYMORON.
YOU KNOW, YOU'RE ASKING TO PAVE THE 10 FEET.
THAT COULD BE THE FRONT LAWN AND THE SIDE AREA.
WELL, IT'S ALREADY PAVED, BUT YOU'RE ASKING TO KEEP LEGALIZE THAT PAVING.
AND YOU'RE SAYING THERE'S NO FRONT LAWN.
BUT YOU KNOW, AGAIN, SINCE YOU CAN'T SEE IT, YOU WOULDN'T KNOW IF IT'S YOU, YOU WOULDN'T EVEN KNOW WHAT'S DOWN THERE UNLESS YOU PHYSICALLY WENT ONTO THE PROPERTY LINE.
YOU COULDN'T SEE IT FROM THE STREET.
I, I, I, I BEGGED TO DIFFER AS SOMEBODY WHO DROVE THERE TODAY.
AND YOU DROVE BY AND YOU SAW DOWN, YOU SAW THE, UH, THE PATIO IN THE FRONT.
I PARKED, I WALKED AROUND, I TOOK PHOTOS.
I SPENT 10 TO 15 MINUTES THERE.
UH, YOU KNOW, AGAIN, I I I DON'T MEAN TO, I BEG, I BEGGED TO DIFFER.
AGAIN,
YOU'D HAVE TO PHYSICALLY WALK OVER TO THE PROPERTY LINE.
ACTUALLY ALMOST GO DOWN THE STEPS TO SEE THIS, UH, TO SEE THE, UH, THE PA AND, AND THE PAVERS.
IT IS NOT, UM, IT, IT'S NOT ASPHALT IN THE FRONT.
I'M NOT GONNA DEBATE THE POINT.
ANY OTHER COMMENTS FROM THE BOARD? NO.
ANY COMMENTS FROM THE AUDIENCE? OKAY.
AND THE NEXT CASE WE HAVE IS CASE 24 13 A GOOD? YES.
UH, FOR THE RECORD, MY NAME IS DIEGO VI.
I'M A LICENSED PROFESSIONAL ENGINEER WITH JMC, UH, WITH A PLANNING AND ENGINEERING CONSULTANT REPRESENTING THE APPLICANT, WHICH IS WHITE PLAINS FOUR 50 REALTY, LLC.
UM, IF YOU, IF THE BOARD, I BELIEVE MOST OF YOU WOULD RECALL, I WAS HERE RECENTLY FOR THIS APPLICATION.
UM, THIS WAS A TWO LOT SUBDIVISION APPLICATION AT FOUR 50 AND FOUR 60 TARRYTOWN ROAD.
UM, THE PROPERTY ITSELF CONTAINS TWO BUILDINGS ON IT.
UH, I CAN BRING UP THE SITE PLAN AS WELL.
UM, OR I, YEAH, I CAN BRING IT UP.
UH, THE PROPERTY ITSELF CONTAINS TWO BUILDINGS ON IT.
THE FOUR 60 BUILDING IS ON THE LEFT AND THE 4 6 50 BUILDING IS ON THE RIGHT.
UM, THERE WERE SEVERAL VARIANCES THAT WERE GRANTED BY THIS BOARD AT THE LAST MEETING.
WE'RE BACK BEFORE YOU FOR A VERY MINOR MODIFICATION TO THREE OF THOSE VARIANCES.
UH, LOT ONE, WHICH IS THE BUILDING ON THE LEFT, THE FOUR 60 BUILDING.
IT'S SPECIFIC TO THE SIDE YARD, THE LEFT SIDE, THE RIGHT SIDE, AND THEN BOTH SIDE YARDS COMBINED.
AND THE REASON FOR THE MODIFICATION IS REALLY THE FACADE TREATMENT.
WHEN I WAS BEFORE THIS BOARD, THE LAST TIME THAT BUILDING IS UNDER CONSTRUCTION, IT'S BEEN THE PROCESS OF BEING RENOVATED TO BECOME A NISSAN DEALERSHIP.
UH, AFTER THE, UH, APPROVAL WAS GRANTED BY THIS BOARD, OUR SURVEYORS WENT OUT THERE TO PREPARE THE FINAL SUBDIVISION PLAT, WHICH IS WHAT'S REQUIRED FOR THE, UH, PLANNING BOARD TO APPROVE THE ACTUAL SUBDIVISION.
THEY NOTICED A VERY MINOR DEVIATION FROM WHAT WE HAD ON OUR PLANS.
AND WHEN, I MEAN MINOR, THE LEFT SIDE WENT FROM 9.3 FEET TO 9.2 FEET.
THE RIGHT SIDE WENT FROM 10.8 FEET TO 10.7 FEET.
AND THEN OBVIOUSLY THE COMBINED SIDE YARDS WAS REDUCED BY 0.2 FEET.
SO EACH SIDE WAS REDUCED BY ABOUT AN INCH AND A QUARTER.
AND THE REASON FOR THAT WAS THE FACADE TREATMENT AROUND THE PERIMETER OF THE BUILDING.
WHEN YOU GO OUT THERE, YOU SEE THE NEW FACADE THAT WAS CREATED WAS SLIGHTLY THICKER THAN WHAT WAS THERE PREVIOUSLY.
SO THE ACTUAL FACADE JUST LITERALLY PROJECTS OUT JUST AN EXTRA INCH OR AN INCH AND A QUARTER FROM WHAT WAS THERE PREVIOUSLY.
UM, THAT IS THE DEVIATION, UM, BETWEEN THE TWO.
I'M NOT SURE IF A QUESTION IS COMING.
[00:50:01]
SEC.I DIDN'T KNOW IF A QUESTION WAS COMING.
UM, SO THE, THAT'S THE DEVIATION BETWEEN WHAT WAS THERE BEFORE.
UH, WE'VE REACHED OUT TO THE BUILDING DEPARTMENT TO TALK TO THEM ABOUT IT BECAUSE OF WHERE THE VARIATION IS MEASURED OR WHERE THE DISTANCE IS MEASURED FROM.
THE STEEL IS IN THE SAME SPOT.
THE BUILDING IS IN THE EXACT SAME SPOT.
IT'S REALLY JUST THE FACADE TREATMENT ITSELF.
AND IT'S ONLY ALONG THE FRONT OF THE BUILDING TOO.
THE BACK OF THE BUILDING REMAINED THE SAME.
IT'S REALLY JUST ALONG THE FRONT.
THAT'S WHY THE VARIATION IS ALONG THAT FRONT CORNER THERE.
UM, BASED ON OUR CONVERSATIONS WITH THE BUILDING DEPARTMENT AND YOUR LAW OFFICE, ANY MODIFICATION, NO MATTER HOW MINOR IT IS, RESULTED IN THE, AN AMENDMENT TO THAT VARIANCE.
SO, UH, WE'RE BACK HERE BEFORE YOU, UH, THIS EVENING REQUESTING THAT THE BOARD CONSIDER, UH, AMENDING THE PREVIOUSLY GRANTED VARIANCE, UH, BY THAT INCH AND A QUARTER DIMENSION ON EACH SIDE, AND THEN TWO AND A HALF INCHES TOTAL ON THE BOTH SIDE YARDS.
SO IT'S THOSE THREE VARIANCES THAT WE'RE LOOKING FOR A MINOR MODIFICATION.
ANY QUESTIONS FROM THE BOARD? NO.
UM, DO YOU HAVE ANYTHING THAT SHOWS WHAT THE FACADE MODIFICATION LOOKS LIKE? SO AS PART OF THE PACKAGE, WE WERE REQUIRED TO SUBMIT PICTURES.
UM, AND THERE'S ONE PICTURE THAT IS, AND I, I PRETTY SURE I CAN BRING THAT UP.
SO THE PICTURE ON THE BOTTOM HERE SHOWS THE NEW FACADE TREATMENT AND THE ALP P*****K PANELS AND THE WINDOW TREATMENT THAT YOU CAN SEE AGAIN ON THE CORNERS.
IT'S THESE PANELS THAT ARE APPLIED TO THE BUILDING ITSELF.
AGAIN, IT'S STILL UNDER CONSTRUCTION, THINGS ARE STILL BEING MODIFIED, BUT IT'S THOSE PANELS THAT WERE ATTACHED TO THE FACADE ALONG THE FRONT AND THEY WRAP AROUND JUST THE SIDE OF IT AS WELL.
BUT THESE WERE THE PICTURES THAT WERE INCLUDED IN THE PACKAGE THAT WAS SUBMITTED AS PART OF THE REQUIREMENTS.
SO IF YOU GO TO THE ONE JUST ABOVE IT, CAN YOU SCROLL DOWN A LITTLE BIT? NOPE.
SO WHAT YOU'RE TALKING ABOUT, IF YOU GO JUST ABOVE THE STOP, STOP SIGN, THAT LITTLE WHITE SQUARED OFF AREA, RIGHT? THAT LITTLE RECTANGULAR AREA RIGHT ABOVE IT, IT WRAPS A LITTLE BIT FURTHER BACK.
IT DOES CONTINUE BACK MAYBE ABOUT ANOTHER 10 OR 15 FEET.
UM, I COULD EVEN GET A, I COULD EVEN SUBMIT SOME ADDITIONAL PICTURES.
BUT AGAIN, THAT'S THE, THE FACADE TREATMENT THAT'S ALONG THE FRONT.
IT WAS PREVIOUSLY, IF YOU LOOK AT THE RIGHT, THE BUILDING WAS THE BRICK BUILDING.
THAT'S ESSENTIALLY WHAT YOU HAD PREVIOUSLY.
AND YOU KNOW, WHEN THEY TOOK THAT DOWN, PUT THE NEW STEEL STRUCTURE UP, THEY PUT THIS FACADE PANEL ON THERE, AND AGAIN, IT'S AN INCH AND A QUARTER VARIATION FROM WHAT WAS THERE PREVIOUSLY ON EACH SIDE.
I SUPPOSE I COULD HAVE ASKED A STUPID QUESTION AS TO, UM, WHY DID THE FACADE HAVE TO BE THAT THICK? BUT NOW THAT I SEE THE PICTURE, IT'S JUST THE PANELING SYSTEM THAT WAS SELECTED ON THE BUILDING.
AND AGAIN, THAT WAS APPROVED BY THE, AND THAT WAS UNDER CONSTRUCTION.
WE HAD THIS SURVEY ORIGINALLY, WHICH WAS WAY BACK WHEN WE FILED FOR THE APPLICATION.
AND IT WAS JUST A MATTER OF US GOING OUT THERE TO VERIFY THINGS FOR THE PLAT DRAWING, WHICH IS WHAT THE PLANNING BOARD REQUIRED.
AND THAT'S WHEN WE RECOGNIZED THE DEVIATION.
OTHERWISE WE WOULD'VE PICKED IT UP BEFORE.
AND THIS ADDITIONAL THICKNESS ON THE TWO SIDES OF THE BUILDING IS JUST AT THE FRONT? YEAH.
THE, THE FACADE PANELS, AND AGAIN, IF YOU'RE OUT THERE, IT'S ALONG THE FRONT OF THE BUILDING AND THEN IT WRAPS A PORTION OF THE BUILDING DOWN AND THEN IT CONTINUES ON WITH THE EXISTING BRICK PATTERN THAT'S OUT THERE.
AND YOU COULD ACTUALLY, EVEN ON THE PLATEAU AND YOU SEE IT'S JUST THIS LIGHT MINOR DIP AND IT GOES RIGHT BACK IN.
SO, WHICH IS ONLY LIKE ABOUT 1215 INCHES THAT IT, THAT IT EXTENDS, IT EXTENDS BACK.
THAT'S THAT, THAT WHITE PANEL THAT YOU SEE THERE ON THE PICTURE, I THINK THAT'S WHAT YOU'RE FOCUSING IN ON.
THAT'S NOT WHERE THAT WHITE PANEL STOPS.
OH, ABOUT 15 MORE FEET PROBABLY.
IT'S, IT'S ABOUT 15 FEET ALTOGETHER.
AND AGAIN, I, IT JUST, IT IT IS A MINOR VARIATION.
I JUST WOULD MAKE THE ARGUMENT AGAIN THAT THERE'S NO SIGNIFICANT IMPACT AS A RESULT OF THIS CHANGE.
IT'S REALLY CONSISTENT WITH WHAT WE REQUESTED PREVIOUSLY.
UM, THE SUBDIVISION DOES ALLOW THEM TO MOVE FORWARD AND, YOU KNOW, HOPEFULLY REOCCUPY THAT ADJACENT BUILDING FOR SALE, ET CETERA.
ALL THE ARGUMENTS THAT WE MADE PREVIOUSLY, UH, FOR REASONS OF GRANTING THE VARIANCE ARE ALL CONSISTENT.
IT'S JUST A, AGAIN, A MINOR VARIATION TO WHAT WAS REQUESTED PREVIOUSLY.
THAT'S JUST A STUPID QUESTION.
[00:55:01]
NO, NO.JUST GOTTA GIVE YOU THE RIGHT ANSWER.
IT JUST DOESN'T GO ALL THE WAY BACK.
ALONG THE FRONTAGE OF THE BUILDING.
YOU'RE CREATING A NISSAN DEALERSHIP.
IT'S JUST THE PRESENTATION, ESPECIALLY ALONG THE FRONT OF THE BUILDING, ALL THE NEW REQUIREMENTS, INSULATION, YOU GOT ALL THESE THINGS THAT JUST START TO PACK THESE FACADE TREATMENTS.
ANY OTHER CONCERNS FROM THE BOARD? ANYTHING THAT TOWN WANTS TO OKAY.
THANK YOU FOR YOUR TIME THIS EVENING.
ANYONE, AN AUDIENCE? THERE'S ANYONE ON THE AUDIENCE? DO WE HAVE ANYONE THAT'S OUT THERE? I DON'T THINK SO.
AS WELL? YES, MS. THE LAST ONE? YES.
UH, DID SHE MISS THAT? YOU JUST SAID THE RECORDING WAS IN PROGRESS.
SO, UM, LET'S GO THROUGH OUR, AS I SAID, LET'S TAKE THE LAST CASE WE HAD SINCE IT WAS, WAS SOMEWHAT STRAIGHTFORWARD.
UM, WHAT WOULD THE STRAW VOTE BE THAT WE CAN PUT ON THE RECORD? WILLIAM? YAY.
UM, WHO WOULD LIKE TO TAKE THE DIFFICULTY OF
THANK YOU SO MUCH, MUCH APPRECIATED.
YOU HAVE THE, UH, YOU HAVE IT RIGHT? THE LATEST ONE? YEAH.
SO NOW GOING BACK TO CASE 24 32 S ON JACKSON AVENUE.
UM, HI JAY SIA, BUILDING PLANS EXAMINER FROM TOWN OF GREENBURG.
I JUST WANTED TO KNOW, OH, COULD YOU SPEAK UP? WE'RE LIKE, WHOA, TALKING TOO QUICK.
UM, SORRY, MY NAME IS JAY RIA, TOWN OF GREENBURG BUILDING PLANS EXAMINER.
UM, SO THEY NEED A MINIMUM 26 FOOT FIRE ACCESS FOR THE, FOR THE TRUCKS.
REALLY? SO THEY, SO THE BILLING DEPARTMENT IS ON AND, AND THE BILLING INSPECTOR RECOMMENDS NOT REDUCING THAT.
SORRY, I CANNOT HEAR YOU NOT NOT REDUCING IT FROM THE 24 THAT THEY REQUESTED.
YOU NEED 26 FOR THE FIRE APPARATUS.
IS THAT FOR THE TURNING RADIUS? WAS THAT FOR THE CIRCLE? RIGHT.
SO, BUT WHAT ABOUT FOR THE STRAIGHTAWAY? FOR THE STRAIGHTAWAY? UM, I THINK 26 WILL BE BEST, BUT LIKE I SAID, UH, THE BUILDING INSPECTOR ASKED ME TO SAY THAT THEY DO NOT BELIEVE IN REDUCING THE WIDTH TO 12 FEET LIKE YOU RECOMMENDED.
MY, MY THOUGHTS WOULD BE, UH, HONESTLY THAT IF THERE IS AN EMERGENCY, SOMETIMES EMERGENCIES COME AND YOU HAVE, THIS IS NOT JUST ONE HOUSE.
THERE'S SEVERAL HOUSES AND THERE'S DIFFERENT PEOPLE LIVING IN THEM.
AND BECAUSE IT'S A CUL-DE-SAC, WE PROBABLY ARE GONNA HAVE SOME CARS
AND YOU WANT TO BE ABLE TO MAKE SURE THAT PEOPLE, AND THE CON NOT ONLY CAN THE PEOPLE GET THOSE CARS OUT OF THE WAY, BUT THAT MORE IMPORTANTLY THE, UM, EMERGENCY EQUIPMENT SHOULD GET, CAN GET THERE.
SO I COULD SEE THE REASON FOR THAT, HAVING THEM, THE, THE, YOU KNOW, THE WHAT THEY'RE CALLING THE DRIVEWAY THROUGH THAT DIMENSION.
I DON'T, I DON'T HAVE A PROBLEM
[01:00:01]
WITH THAT.I DIDN'T HAVE A PROBLEM WITH 24.
SO ARE YOU SUGGESTING THAT THEY SHOULD COME BACK AT 26? NO, THE STRAIGHTAWAY IS OKAY.
THE STRAIGHT, THE STRAIGHTAWAY IS OKAY.
AT 24 THE LOOP SHOULD STAY AT 26.
AND THE PLANS DO SHOW THE CIRCLE AT 26, RIGHT? RIGHT.
OH, SO THERE'S NO, THAT'S WHAT THEY SAID THEY HAD TO HAVE.
THEY JUST DIDN'T WANT US TO, THEY SUGGESTED WE DON'T REDUCE IT.
IT WAS ONLY THIS THAT WAS IN CONTENTION.
PART WHICH IS 12 FOOT LANES, WHICH IS GENEROUS.
BUT I JUST WANTED TO SEE IF THERE WAS ANY COMMENTS FROM, YOU KNOW, THE TOWN IN ADDITION TO YOURS.
I MEAN, ON PAPER IT LOOKS LIKE I 95
WELL, IT WON'T, THAT WON'T BE THAT MANY CARS GOING DOWN FIVE, SO DON'T WORRY ABOUT IT.
SO IT SEEMED, IT SEEMED A LOT OF, AND WHEN THEY HAVE PARTIES, THEY HAVE PLACES THEY COULD CALL OUT.
SO THIS ONE YOU WANNA CLOSE FOR DECISION ONLY? YES.
THERE'S A SUFFICIENT INCONSISTENCY BETWEEN THE, WHAT THEY SUBMITTED TODAY MM-HMM
AND WHAT WAS SUBMITTED PREVIOUSLY, WHAT WAS SUBMITTED PREVIOUSLY WAS A DRIVEWAY TO REAR LOT LINE SETBACK FROM 16 TO ZERO, WHICH THEY'RE SAYING SHE GAVE BACK, THEY'RE CUTTING BACK TO 7.7 FEET, BUT IT'S LISTED HERE AS THE EASTERN SIDE LOT LINE, NOT THE REAR LINE.
SO I THINK THEY REMOVED THE REAR ALTOGETHER BECAUSE IT WAS IN YONKERS.
SO THEY SAID TECHNICALLY YES, THERE IS NO SET BECAUSE IT GOES RIGHT TO THE BORDER OF THE OTHER TOWN.
THEY MADE A PREEMPTIVE, UH, GIVE BACK
AND I THINK THE YOUNG LADY DID DO WELL.
YEAH, SHE, YEAH, SHE, THE CIRCLE RIGHT UP TO THE, THE CIRCLE WAS RIGHT UP TO THE LOT LINE.
BUT THE BUILDING DEPARTMENT SAID YOU DIDN'T NEED A VARIANCE FOR THAT.
AND SHE DID SAY SHE MADE THOSE ADJUSTMENTS TODAY.
THERE'S AN UPDATED, SO IF YOU WANT TO PUT IT OVER TOGETHER IT SURE.
WE'RE GONNA TO CLARIFY IF, IF YOU WERE INTENDING TO GRANT IT, WE CAN POSE FOR DECISION ONLY AND THEN WE'LL HANDLE THAT IN THE DRAFTING STAGE.
THERE WAS AN UPDATED DEMO THAT WAS DISTRIBUTED.
UM, THE APPLICANT, UH, DELIVERED THAT THIS AFTERNOON AFTER FOUR, AND IT WAS DISTRIBUTED TO THE BOARD THIS EVENING WHERE THEY ADJUSTED OR MADE THE CORRECTION THAT IT'S NO LONGER THE REAR.
THEY HAVE IT LISTED, I BELIEVE AS THE, UM, THAT'S THIS ONE RIGHT EASTERN SIDE LOT LINE NOW.
OKAY, NOW WE GO TO CASE 24 35, WHICH IS ONE THERESA LANES, SCARSDALE.
AND THAT HAS TO DO WITH THE PATIOS.
UM, I, I CAN GIVE YOU, SINCE I SEEM TO HAVE PROBABLY THE STRONGEST VIEWS AS USUAL MM-HMM
UM, PART OF THIS IS TO SAY WE DON'T HAVE A FRONT YARD BECAUSE YOU PAVED THE FRONT YARD IS AN INTERESTING BEGINNING POINT.
UM, TO SAY THAT YOU CAN'T SEE THE PAVING FROM THE STREET IS NOT ACCURATE.
ACCORDING TO MY VIEW AND MY HUSBAND'S VIEW, WE BOTH DROVE THERE TODAY.
UM, AND I DON'T THINK IT'S OPINION.
UM, THE SECTION TO THE SIDE THERE IS THIS WAS BUILT ALREADY THIS, THIS VERY BIG PATIO THAT TAKES UP THE ENTIRE FRONT YARD PRETTY MUCH.
THERE ARE A FEW BUSHES BETWEEN THAT AND THE DRIVEWAY, BUT UM, IS, UM, THERE IS A BASKETBALL GROUP THERE.
IT'S A, WHICH COULD EASILY BE MOVED THROUGH THAT PAVED SIDE AREA,
[01:05:01]
WHICH IS AN EXTENDED DRIVEWAY.THEY'RE CLAIMING OUT THERE BECAUSE THEY HAVE CHOSEN NOT TO USE THE GARAGES FOR CARS.
THEY ARE, THAT THAT IS PAVED TO THE LOT LINE.
SO I'M CURIOUS WHY THAT IS NOT A VARIANCE THAT'S BEEN REQUESTED UNLESS IT ALREADY EXISTS.
UM, SO I DON'T KNOW WHETHER THAT EXISTS OR NOT, BUT THAT IS PAVED ALL THE WAY FROM THE HOUSE TO THE LOT PROPERTY LINE.
AND IT IS A, A LARGE SPACE AND YOU COULD EASILY MOVE A BASKETBALL HOOP OVER THERE.
IN FACT, YOU WOULDN'T BE THROW BA THROWING BASKETBALLS INTO THE ROAD OR INTO THE RAVINE.
UM, I AM THERE IN LOCATIONS WHERE THERE'S AN OPPORTUNITY TO PUT PLANTINGS.
BASICALLY SOMETHING HAS BEEN CREATED THAT LOOKS NOTHING LIKE THE NEXT REST OF THE NEIGHBORHOOD HAS NOTHING TOTALLY DIFFERENT FROM THE CHARACTER OF THE NEIGHBORHOOD.
AND THEY'RE JUST GONNA PUT UP A BIG LINE OF TREES TO BLOCK 'EM ALL OUT.
IT, IT REALLY, IF ONE OF, IF OUR MAIN, ONE OF OUR CRITERIA IS DOES THIS RELATE TO THE, DOES THIS ALTER THE NEIGHBORHOOD? THE ANSWER TO THAT IS A VERY STARK YES.
UM, IS THERE AN ALTERNATIVE? YES.
UM, SO I JUST THINK, YOU KNOW, I'M, I'M TEMPTED TO ALLOW THE SMALL LITTLE ONE THAT THEY HAD THAT IS ORIGINALLY IS LISTED AS THE EXISTING CONDITION, WHICH IS NOT THE EXISTING CONDITION.
UM, IF, IF THAT'S WHAT WOULD BE, BUT THAT WOULD GO BACK THE 10 FEET.
BUT THEY LITERALLY ARE ON THE PROPERTY LINE ON AT LEAST TWO SIDES.
AND THE OTHER TWO SIDES, THEY CAN'T BE, BECAUSE IT'S A RAVINE.
I'M NOT INCLINED TO GRANT IT AND I KNOW IT'S ALREADY BUILT.
AND FREQUENTLY THE IDEA IS, WELL, IT'LL COST MONEY TO TAKE IT UP.
THAT IS NOT ONE OF OUR CRITERIA.
THIS I THINK IS REALLY LOOKS NOTHING LIKE THE NEIGHBORHOOD.
WELL, FROM THE LAST MEETING, UM, THERE WERE A FEW NEIGHBORS THAT WERE HERE.
THE PRIMARY ISSUES THAT CAME UP AT THAT TIME WAS RUNOFF AND DRAINAGE.
SO THAT'S WHY THE QUESTION I RAISED WAS RELATIVE TO IMPERVIOUS SURFACE.
THE APPLICANT HAS INDICATED THAT THEY SPOKE WITH THOSE NEIGHBORS THAT HAD ISSUE AND THAT THEY ARE GOING TO FIND A REMEDY AMONGST AND BETWEEN THEMSELVES IN CONSORTIUM WITH THE, THE BUILDING INSPECTOR.
THIS PROPERTY, TO ME IS SIMILAR TO SOME OF THE ONES THAT WE FIND ALONG THE BRONX RIVER PARKWAY, WHERE WE HAVE INCREASED THEIR BACK PORCH SPACE BECAUSE THEY'RE ON A STEEP SLOPE AND DID NOT HAVE ANY ADDITIONAL PROPERTY.
UM, WHICH I FIND THIS AKIN TO.
FROM THE MAPS THAT I PULLED UP AT OUR LAST MEETING, THE SAME QUESTIONS YOU'RE RAISING.
I HAD THEN MY BIGGEST CONCERN AT THAT TIME WAS WHETHER OR NOT THAT DR THAT COULD BE ACCESSED TO ACTUALLY PARK CARS ON.
AND AT THAT TIME IT WAS DEMONSTRATED THAT'S NOT WHAT THIS WAS.
UM, SO I THINK FROM MY, THE LAST MEETING WHERE I HAD SIMILAR QUESTIONS THAT YOU HAVE NOW TO THIS MEETING NOW WITH THE QUESTION OF RAYS REGARDING IMPERVIOUS SURFACE, I PROBABLY AM INCLINED TO APPROVE THIS ONE.
I WOULD JUST LIKE THEY SAY THAT IT'S, I, I HOPE THAT ALL THE ISSUES WITH THE NEIGHBOR ARE RESOLVED.
BUT AGAIN, SO AGAIN, SO THAT'S, THERE'S NOTHING IN WRITING.
BUT SO I CAN BE CLEAR WITH THAT.
MY CONTENTION AT THAT TIME WAS, IS THAT THE COMPLAINTS ABOUT THE RUNOFF TO THE REAR WERE NOT RELATIVE WHEN ASKED TO THE NEIGHBORS TO THIS PATIO.
SO IN THIS PARTICULAR CASE, I'M REALLY FOCUSING ON THE VARIANCE REQUESTED NOW BECAUSE I THINK THE QUESTION THAT I ASKED WAS KIND OF GIVEN SOME DIRECTION TO SAY, LOOK, IF THIS IMPERVIOUS SURFACE ON THIS DRIVEWAY IS BEING IMPACTED BY THE ONE NOW THAT WE LOOK ON THE MAP IS ACTUALLY APPROVED, AND WE'RE BEING TOLD THAT THE ONE TO THE SIDE BY THE DRIVEWAY IS APPROVED AND ALREADY WITHIN THOSE CALCULATIONS.
THAT'S WHAT KIND OF SWAYED MY DECISION NOW TO BE LESS INCLINED TO DISAPPROVE IT.
IF THE PROBLEM, AND I WAS NOT HERE LAST, IF THE PROBLEM IS NOT RUNOFF FROM THE BACK OF THE PROPERTY IS BOTHERING THE NEIGHBORHOOD THAT'S DOUBLE NAKED, THAT RUNOFF FROM THE BACK OF THE PROPERTY IS ORIGINATING AT THIS PATIO, THEY'RE REQUESTING AND THEY'VE GOT NOT ACCORDING TO BRICKS AND CARNIVAL.
AND IT GOES BACK AND FORTH AND SLIPS AND SLIDES.
THEN IT GOES AROUND THE HOUSE AND IT GOES, GOES DOWN TO THE BACK AGAIN.
UNFORTUNATELY YOU WEREN'T, IT'S WORK FROM THERE.
ACCORDING TO THE NEIGHBORS WHO REPORTED WHERE THEY FELT THE WATER WAS COMING FROM,
[01:10:01]
THEY INDICATED THAT THERE WAS A LOT OF LANDFILL THAT WAS BACK THERE.THERE WERE ALL TYPES OF DEBRIS.
AND WHERE THE TREES LOOKING AT THE PROPERTY FROM THE REAR TO THE RIGHT IS WHERE THEY WERE VIEWING THE WATER RUNOFF COMING DOWN TOWARDS THEIR PROPERTY.
AND I SPECIFICALLY ASKED THE QUESTION, CAN YOU ATTRIBUTE THE WATER RUNOFF TO THE FRONT PATIO LOOKING AT THE HOUSE FROM THE REAR TO THE LEFT? AND THEY SAID, NO.
AND I'M NOT A HYDROLYSIS, SO I CAN'T SIT IN, I I AM, I CAN SHOW YOU THE PICTURE.
IT, IT SHOWS THE PATIO IN THE FRONT AND THEN THERE ARE THESE TROUGHS MADE OUT OF BRICKS AND DIRT THAT GO BACK AND AND FORTH, THEN GO BACK DOWN THE SIDE OF THE HOUSE TO THE BACK.
SO, AND THEN IT, THE WATER FROM HERE IS GOING TO THE BACK OF THE HOUSE.
WELL, IN THE, WHETHER ANYBODY IS RELATING THAT, I DON'T KNOW.
IN THE PLAN ALSO, THERE ARE ALSO DRY WELLS THAT ARE GOING IN AS WELL.
I, THAT, THAT WASN'T PRESENTED TODAY.
I SAW SOME I KNOW THAT'S RIGHT.
I DID SEE SOMETHING, BUT I JUST THEY SAID THEY WERE DRY.
WELL, YEAH, THEY, THEY WERE GONNA INCLUDE SOME ADDITIONAL DRY WELLS.
BUT, UH, THE, IT'S JUST, LISTEN, DO THEY HAVE, I DO NOT DISAGREE WITH YOU.
IS THERE A VARIANCE FOR THE, UM, SIDE YARD TO BE PAVED ALL THE WAY TO THE PROPERTY BROUGHT UP IN THE REVIEW? UM, I, IF, IF, IF IT WASN'T ISSUE, I THINK IT WOULD'VE BEEN REFERENCED IN THE REFUSAL.
BUT I DON'T HAVE ACCESS TO, UM, THE PREVIOUS DOCUMENTATION ON MY, BECAUSE THIS WOULD MAKE TWO SIDES OF THE HOUSE THAT ARE PAVED ALL THE WAY PROPERTY.
AND I DON'T DISAGREE WITH YOU.
EVERYTHING THAT YOU'RE SAYING RIGHT NOW, I WAS ALREADY THERE.
NO, JUST SAY NOW TWO SIDES OF THE HOUSE WILL BE PAVED TO THE PROPERTY LINE.
THE, THE PART THAT'S VISIBLE TO THE NEIGHBORHOOD, TO THE STREET, TO EVERYTHING ELSE.
SO IF YOU GO ON GOOGLE MAPS, THE ORIGINAL DRAWINGS THAT I HAD AT THAT TIME, OR PHOTOGRAPHS THAT I HAVE WAS PROBABLY WHEN IT WAS FIRST CONSTRUCTED.
AND YOU WERE ABSOLUTELY CORRECT FROM THE ROADWAY.
EVEN THOUGH LEWIS AND OTHERS HAD VISITED THE PROPERTY, IT ACTUALLY DIPS DOWN AND THEY SAID THAT THEY COULD NOT SEE IT AT THAT TIME.
BUT THE LATEST PHOTOGRAPHS WITH THE ARBOR AND OTHERS THAT ARE NOW A LITTLE BIT LARGER OR A LOT LARGER, BUT THEY WEREN'T IN THAT ORIGINAL PHOTO THAT I SAW IT DID SCREEN IT.
SO, LIKE I SAID, I, AND THAT'S WHY I DIDN'T STOP YOU LET YOU GO.
IT WAS THE SAME QUESTIONS THAT I HAD.
BUT AGAIN, NOT HAVING THE OTHER NEIGHBOR HERE TO COUNTER IN TERMS OF WHAT THE CONVERSATION WAS.
'CAUSE THEY WERE VERY, VERY, VERY VOCAL IN TERMS OF THEIR OPPOSITION TO GRANTING IT BASED ON THE, THE PAIN THAT THEY FEEL THAT WAS BEEN INFLICTED UPON THEM BECAUSE OF THE PROPERTY.
NOT TO, NOT TO MAKE THINGS MORE DIFFICULT.
BUT IS IT POSSIBLE THAT WE COULD CLOSE THIS FOR DECISION ONLY IF WE GOT SOMETHING FROM THE NEIGHBORS THAT WERE HERE? OR IF YOU SAY, IS IT IN THE RECORD AT THIS POINT, THE NEIGHBORS WHO CAME IN WERE IN OPPOSITION OF IT BECAUSE THEY FELT THE CLEAR CUTTING OF THE PROPERTY, WHICH THE APPLICANT SAYS THAT THEY DID IN AN EFFORT TO CLEAN UP THE PROPERTY IN DOING SUCH, IN CUTTING DOWN SOME OF THE TREES AND SHRUBS AND OVERGROWTH.
THAT WAS PROBABLY, THERE WAS PROBABLY A TON OF INVASIVE JUST LOOKING AT THE PROPERTY.
I THINK AT THIS POINT, THE WASHOUT THAT IS, HAS HAPPENED TO THE LEFT OF THE PROPERTY.
'CAUSE THEIR HOME, IF YOU LOOK AT IT, IS ACTUALLY, AND THEY, THEY EXPLAINED WHAT WAS HAPPENING TO THE PROPERTY AND THE EXPENSE THAT THEY HAD TO GO THROUGH BECAUSE OF WATER RE MITIGATION.
AND THEIR CONCERN WAS, IS THAT NO ONE KIND OF CARED ABOUT THEM.
BUT MY POINT WAS, I WANNA BE ABLE TO RELATE THEIR CONCERN WITH THE VARIANCE BEING REQUESTED.
BECAUSE IF IT'S THE CLEAR CUTTING THEY MET AT THE END OF THAT MEETING IN THE HALLWAY AND SOME ADVICE WAS GIVEN TO THEM AS TO THERE ARE LAWS RELATED TO WALL RETENTION AND MAINTENANCE OF PROPERTY.
AND MAYBE THAT IS THEIR DIRECTION BECAUSE THEY FELT THAT NO ONE FROM THE TOWN BOARD TO ANY OTHER BOARD HAD HEARD THEIR COMPLAINTS ABOUT THE DAMAGES THAT WERE COMING TO THEIR PROPERTY.
THE APPLICANT, ALONG WITH THE ARCHITECT, THEY ALL MET IN THE BACK TO DISCUSS THAT.
AND IT WAS RELATIVE TO THE RUNOFF, AS I'M SAYING, FROM THE REAR OF THE POP PROPERTY DOWN.
[01:15:01]
THIS IS THE PAVED FRONT DRIVEWAY.HERE'S THE PRINT SIDE AND HERE'S THE BACK.
THIS IS AN INCREDIBLY STEEP HILL.
AND SO IT'S COMING DOWN HERE AND YOU CAN'T REALLY SEE IT HERE, BUT THIS IS WHERE THE BACK AND FORTH OF THE, UM, WATER TRS ARE, ARE RIGHT HERE.
AND I CAN SHOW YOU PICTURES OF THEM.
BUT THEY DID SAY THAT THEY WOULD DO THIS RIGHT IN NOT ONLY IN COOPERATION WITH THE NEIGHBORS, BUT WITH THE, THE TOWN OFFICIALS.
AND AGAIN, WITH THE NEIGHBORS CONCERN WAS THEY DID NOT KNOW WHAT THEIR RECOURSE WAS.
SO THIS IS, THIS IS THE SIDE, JUST SO YOU SEE HOW, WHAT THE SIDE HILL LOOKS LIKE.
AND THIS IS, YOU KNOW MM-HMM
THIS IS AT LEAST MORE THAN A 45 DEGREE.
AND THESE ARE THE STEP BACK, UM, DRAINS GOING BACK AND FORTH.
BUT THOSE AREN'T THE ONES THAT THEY, HERE'S THE SIDE, HERE'S THE SIDE.
ARE YOU'RE SAYING THOSE THE ONES THAT THEY PUT IN ARE THE ONES THEY'RE GOING TO PUT IN? NO, THIS IS WHAT EXISTS.
SO THEY, BUT THEY SAID THEY'RE GOING TO CURE THAT.
SO THIS IS THE STEP BACKS GOING DOWN TO THE NEIGHBOR'S HOUSE RIGHT THERE.
BUT WE'RE TALKING ABOUT THE PATIO TO THE FRONT.
SEE IT, IT RIGHT AT THE PROPERTY.
THIS COMES, THIS COMES FROM THE FRONT PATIO.
SO THAT'S WHERE IT'S FRONT COMING FROM.
HERE'S THE FRONT PATIO IS RIGHT HERE.
AND SO THE WATER TRS COME LIKE THIS AND GO BACK AND FORTH.
SO WHEN YOU SAY CLOSED FOR DECISION, ONLY PAD GOES, HERE'S THE PAD.
IT GOES BACK AND FORTH TO SEE.
IT WAS SOMETHING THAT, AND IN WRITING DOWN THROUGH THE BACKYARD INTO THE NEIGHBOR CLEARING UP, THEY, IT STARTS HERE, GOES DOWN THIS INCREDIBLY STEEP HILL.
I, I DON'T SEE, HERE'S WHERE THE TROUGHS START.
SEE, IT'S RUN OFF RIGHT TO HERE.
BECAUSE THAT'S ALL PAVED IN ANSWER TO EVE'S, UH, QUESTION.
I WOULDN'T CLOSE IT FOR DECISION ONLY SUBJECT TO GETTING SOMETHING FROM THE NEIGHBORS.
BECAUSE THAT WOULD GIVE THE IMPRESSION THAT YOU NEIGHBORS, WELL, NOT FROM THE NEIGHBORS, FROM FROM THE APPLICANT.
YES, BUT WELL, WELL, I WOULDN'T RECOMMEND CLOSING OF A DECISION.
ONLY IF YOU'RE LOOKING FOR MORE INFORMATION, WHAT YOU CAN DO IS ADJOURN IT.
KIRA ALWAYS SENDS OUT LETTERS STATING WHAT THE ZONING BOARD IS ASKING THE APPLICANT TO COME BACK WITH SO SHE CAN COME BACK WITH, SO, SO SHE CAN WRITE THE LETTER SAYING THAT, UH, THE ZONING BOARD WOULD LIKE TO HEAR OR SEE SOME DOCUMENTATION OF YOUR REPRESENTATIONS OF YOUR COMMUNICATIONS WITH THE NEIGHBORS AND ALSO FROM THE NEIGHBORS.
AND ALSO YOU CAN ASK, UH, FOR INFORMATION FROM THE ENGINEERS TOWN ENGINEERING DEPARTMENT AND OR BUILDING DEPARTMENT AS TO WHAT THEY WERE SAYING, IF ANYTHING LAST, LAST MONTH OR WHAT THE TOWN WOULD BE LOOKING FOR.
AND IF THERE'S A VARIANCE FOR THE SIDE YARD.
I DON'T, I DON'T SEE HOW THE VARIANCE PLAYS INTO THIS ISSUE.
THAT HAS BEEN, WELL, THE, YOU KNOW, BROUGHT UP TO BE HONEST.
WELL, ARE THEY MISSING VARI? WELL, YOU HAVE A DISAGREEMENT ON THE BOARD BECAUSE YOU HAVE A BOARD MEMBER THAT'S SAYING IT IS RELATED.
YEAH, BUT I'M SAYING HAVEN'T WE, WHEN PEOPLE ARE ASKING FOR VARIANCE, HASN'T IT BEEN SAID NO, YOU REQUIRE TWO OR THREE THAT THE VARIANCE YOU'RE REQUESTING DON'T MEET THE PROPERTY'S NEEDS.
BUT THAT'S BASED ON HAVING AN ADDITIONAL VIOLATION.
SO THAT WAS A QUESTION OF IMPERVIOUS SURFACE.
SO IF THE, IF THEY WERE OVER IMPERVIOUS SURFACE, THEN IT WOULD GIVE GREATER CREDENCE TO WHAT YOU'RE SAYING NOW, RIGHT? THAT BECAUSE IT'S SO LARGE.
THIS IS, I'M, I'M FOLLOWING SUPER WHAT YOU'RE SAYING.
THAT'S WHY I ASKED THE QUESTION THAT THE WATER AND RUNOFF IS BECAUSE YOU'VE COVERED TOO MUCH OF YOUR SURFACE.
THE LOOKING AT THE PLANS AND WHAT WAS WITNESSED AT THAT TIME INDICATED THAT THEY WERE NOT IN VIOLATION TO, FOR ARGUMENT'S SAKE, LOOKING AT THE PROPERTY FROM THE FRONT, LOOKING LEFT, BEING ALONG THAT PROPERTY LINE OR WHATEVER THE CASE MAY BE.
THEY WERE NOT IN VIOLATION THERE.
SO WE DON'T ISSUE THE VIOLATION.
WE ARE JUST ADJUDICATING OR PROVIDING RELIEF OF SAID VIOLATION.
NOW, WAS THERE A VIOLATION ISSUED IN THIS CASE? YES.
THAT IT'S THAT THERE, THAT'S WHY THEY'RE ASKING FOR A ZERO SETBACK INSTEAD OF 10.
IT WASN'T A REQUEST GROUP THAT THEY INITIATED.
[01:20:01]
BECAUSE THE PATIO IS NOT CON IN THE FRONT IS NOT CONFORMING BECAUSE IT IS TOO CLOSE TO THAT SETBACK TO THE RIGHT.WHAT DO WE WANT, WHAT I'M SAYING, EVERYTHING YOU'RE SAYING COULD ALSO BE SAID OF THE SIDE YARD.
DO WE? BUT THEY DIDN'T GET A, THEY DIDN'T GET A VIOLATION FOR THAT, SO WE CAN'T ASSUME THAT.
BUT DO WE KNOW WHAT INITIATED THE VIOLATION OR THE INSPECTION? IT'S ONLY THE PROPERTY, THE PATIO BEING IN THE FRONT.
THAT'S, BUT HOW DID THEY GET INFORMED OF THAT? WAS THAT RELATED TO THE WATER PROBLEM? NO.
WHAT THEY WERE LOOKING FOR SOME KIND OF PERMIT FOR SOMETHING.
I THINK ONCE IT WAS NOTICED AND THE NEIGHBORS REALIZED THAT, HERE'S ANOTHER OPPORTUNITY FOR ME TO EXPLAIN.
I CONSISTENTLY PLEASE EXPLAIN TO ME HOW THIS TO THE RIGHT IS IMPACTING YOU TO THE LEFT.
THEY SPOKE AND THE NEIGHBORS ADJACENT TO THEM ACROSS THE OTHER ACROSS, UM, EXPLAIN IN SUPPORT OF THEM.
THESE PEOPLE HAVE TO DEAL WITH THIS, THESE, AND I'M, SO I'M LIKE, WELL, WHAT DOES IT HAVE TO DO WITH YOU? THEY WERE, WELL, NO, WE KNOW THAT THEY'RE IN TROUBLE.
BUT THEN THE NEIGHBORS THAT ARE IN THE CUL-DE-SAC DID INDICATE THAT THEY WERE NOT AN OBJECTION TO HOW THAT LOOKED.
SO IN TERMS OF WHETHER OR NOT THE CHARACTER OF THE NEIGHBORHOOD, THE PEOPLE WHO LIVE IN THAT NEIGHBORHOOD IMPACTED, THEY DIDN'T HAVE A CONCERN.
THE PEOPLE TO THE REAR DIDN'T HAVE AN ISSUE WITH AN IMPACT TO THEIR NEIGHBORHOOD OTHER THAN THE FACT, CAN SOMEONE HELP US WITH THIS WATER? MM-HMM
I MEAN, SO THAT'S WHY I SAID INITIALLY, I DO NOT DISAGREE WITH YOU.
I ASKED EVERY SINGLE QUESTION THAT YOU ASKED, PLUS PROBABLY A LOT MORE.
DO WE NEED A UNANIMOUS VOTE? NO, NO, NO.
BUT I'M TRYING TO, YOU KNOW, I UNDERSTAND SHE'S TRYING TO BE SOLVED.
SHE'S TRYING TO CUT THE BABY AFTER.
BUT AN INTER INTERVENING TIME, PEOPLE HERE COULD GO SEE IT.
SEEING IT WAS RIGHT NEARBY FOR YOU
I MEAN, MAYBE GOING THERE IN A TORRENT OF WATER, IT MIGHT BE DIFFERENT.
WELL, THERE WAS ANOTHER APPLICANT JUST BEFORE THEM THAT PRESENTED.
THEY, THEY HAD VIDEO OF THE WATER THAT THEY RECEIVED.
DO YOU HAVE, DO YOU WANT TO WITHDRAW THOSE? WELL, I ASKED, I EVE, IF SHE WANTED TO ASK FOR A STRAW, WE CAN TRY TO DRAW, VOTE, BUT OKAY, GO AHEAD.
I'M INCLINED TO GRANT AND I, I'VE MENTIONED ALREADY THAT I WAS INCLINED TO, TO GRANT IT.
SO, AND I'M USED TO BEING VOTED
I TOLD MY HUSBAND, YOU'RE STILL AN ISLAND.
YOU CAN, YOU CAN BECOME ONE OF OUR PAST BOARD MEMBERS AND YOU CAN WRITE UP YOUR, YOUR COMPLAIN
AND NO, WE WILL, WE WILL PASS YOU THE ADDITIONAL CASES SO YOU CAN JUST NO, NO, NO.
I, I FEEL THAT IN MANY CASES MY, UM, CONCERNS HAVE RESULTED IN CHANGES THAT HAVE IMPROVED.
SO I CONSIDER MYSELF THE PIECE OF SAND IN AN OYSTER.
I DON'T LIKE THE SAND NECESSARILY.
YOU GOOD? THAT EVERYBODY AGREES ON YOU BITE INTO THAT GREEN OF SAND.
NO, THE SAND'S GONNA TURN INTO A PEARLS.
I THOUGHT IT WAS, IT WAS BIG TAPD PARADISE.
ALRIGHT, WHAT COULD WE DO TO, I MEAN, I, I TRIED TO MAKE A, WE WANNA CUT IT BACK.
I WOULD APPARENT, I I, NO, I DON'T WANNA, WELL, I SAID IF THEY MADE IT SMALLER, IF THEY BROUGHT IT BACK, THE 10 FEET, IF YOU LOOK AT THE DRAWINGS THAT ARE SUBMITTED, I DON'T THINK, I DON'T THINK THAT THAT'S GOING TO SOLVE THE PROBLEM.
THE ISSUE THEY'VE, THAT'S THE ISSUE.
THEY DONE SOMETHING TO, IT WOULD ALSO BE ABSORBENT OF SOME OF THE WATER.
YEAH, THEY DO BECAUSE IT'S JUST CUTTING IT BACK THOSE FEW FEET.
I, I LIVE IN A HOUSE AT THE BOTTOM OF A HILL AND THE WATER, WHEN IT, WE HAD THESE TORRENTIAL RAINS.
I FLAWED PEOPLE'S DRIVEWAYS, BASEMENTS, WHATEVER.
[01:25:01]
IT'S NOT ME, IT'S JUST THE WATER COMING DOWN THE HILL.SO I WOULD HAVE TO TAKE MY HOUSE, WIPE OUT THE TWO HOUSES THAT SIT NEXT TO ME AND DRAW THE HOUSE OVER.
SO MAYBE THE HOUSE COULD GO AROUND SOMEPLACE ELSE.
AND WE HAD TO DO DRY WELLS AND THINGS AND ALL AND WE HAD TO DO IT RIGHT AND, AND MAKE SURE THAT THERE ARE PLACES FOR THE WATER TO GO.
AND THEY'RE PUTTING, WHICH IS WHAT THEY'RE DOING DRY WELL, RIGHT.
AND THEY'RE PUTTING IN TWO DRY WELLS.
THEY'RE PUTTING IN TWO DRY WELLS.
AND ONE OF THE THINGS THAT I SUGGESTED TO THE NEIGHBORS AS WELL, BASED ON THEIR CONCERN AND WHATEVER FILL WAS BACK THERE, THAT IF OTHER REMEDIATION NEED TO HAPPEN, THERE IS A RECOURSE THROUGH THE BUILDING DEPARTMENT AND OTHER AREAS TO UH, HAVE THAT ADDRESS BECAUSE THEY ARE RESPONSIBLE SINCE THEY OWN THE PROPERTY.
SO MAYBE IT WAS A LANDFILL, MAYBE THEIR OLD CARS BURIED THERE.
I DON'T KNOW WHAT'S BACK THERE.
BUT ONCE THEY BEGAN CUTTING THOSE TREES DOWN, ACCORDING TO THE NEIGHBOR, WELL THAT'S PART OF THE PROBLEM.
CUTTING THE TREES DOWN ACCORDING TO THE NEIGHBORS, THAT'S WHAT THEY SAID THAT THEY COULD SEE OVER TIME THAT ONCE THAT WAS REMOVED, THAT'S WHEN THEY BEGAN TO SEE MORE OF A SEDIMENT AND MORE OF THE WASHOUT.
SO AT THAT POINT, THAT'S WHEN THE QUESTIONS CAME ABOUT RETAINING WALLS AND OTHERS.
SO THEY MET WITH THE ARCHITECT AND THE APPLICANTS TO BEGIN THAT CONVERSATION.
AND WHAT IT'S ALSO THAT YOU THAT TO ENLARGE THE PATIO, WHAT WAS DONE IS A FILL SIDE WAS TAKEN OUT FLATTENED AND A RETAINING WALL.
SO AGAIN, LESS NATURAL ABSORPTION, LESS AT ALL.
THERE WAS A LOT OF REDESIGN THAT WE'VE SEEN WHEN PEOPLE HAVE TAKEN A HILLSIDE AND TURNED IT INTO A PAVED SERVICE WITH A RETAINING WALL THAT ALWAYS ADDS TO RUNOFF.
AGAIN, I SAID, I CAN'T DISAGREE WITH YOU.
AND THERE'S NO VEGETATION PLANTED.
BUT ONCE YOU GET THE AES, NOW I'M GOING TO THE BACK.
I'M GOING TO THE BACK NOW THAT MAYBE WHATEVER TREES AND THINGS WERE THERE.
SO WHAT THE NEIGHBORS THAT ARE DOWN THE HILL INDICATED TOO, WAS PART OF WHY THEY ASKED FOR THAT STUFF TO BE DONE WAS BECAUSE THEY WERE AFRAID THOSE TREES MIGHT FALL ONTO THEIR HOME.
THE PROBLEM WAS WHEN THE TREES WERE CUT, A LOT OF THE STUMPS AND OTHER THINGS WERE LEFT, WHICH AGAIN WAS AN EYESORE TO THEM.
AND THEY WERE LIKE, YOU KNOW, WHAT DO YOU EXPECT TO HAPPEN? SO NOW WHEN THE WASHOUT HAPPENS, NOT ONLY DO YOU HAVE THE STUMPS THERE, BUT NOW THEY'RE TIRES AND OTHER CRAP THAT THEY'RE LOOKING AT THAT'S CROPPING UP.
SO IS THAT THE PATIO'S FAULT OR THE FACT THAT THE LANDSCAPE AROUND AND EVERYTHING ELSE? PROBABLY BOTH.
'CAUSE I COULD SEE SOME EROSION ON THE OUTSIDE OF THE PATIO.
SO I DO NOT NO, AND THEY'RE VERY LUCKY FOR THE WHOLE REASON IMPERVIOUS SURFACE IS BECAUSE THERE IS SO MUCH UNBUILDABLE LAND THE WHOLE TRIANGLE AT THE END, YOU, YOU JUST CAN'T TOUCH.
SO, SO THERE IS ON THE PROPERTY A LOT OF AREA WHERE THERE'S, YOU CAN'T DO ANYTHING AND ANYTHING.
YOU OKAY, THIS ONE'S YOURS? NO.
WELL, I, I, BUT ANYWAY, I KIND OF THINK THERE'S A DIFFERENCE WHEN OH, WE HAVE, WE HAVE SOME MORE.
I MEAN, IF YOU'RE COMING IN FRONT OF US TO APPROVE AN APPLICATION TO PUT IN THAT PATIO, UM, I THINK I WOULD BE A LITTLE MORE, UM, HESITANT IN APPROVING IT BECAUSE HE HAS CHOICES THAT, UM, HE COULD LOOK AT.
WHEREAS WE'RE ASKING HIM TO RIP OUT STUFF THAT'S ALREADY EXISTING.
UM, I TEND TO BE A LITTLE BIT MORE LENIENT UNLESS IT WAS SOMETHING SPECIFICALLY DON'T SAY THAT
I, I HAVE LOT OF, BECAUSE THERE ARE PEOPLE THAT I ASKED, THERE'S A WILD WEST ALSO.
IT'S ONLY, I ACTUALLY SPENT A LOT OF TIME THINKING.
'CAUSE THAT IS VERY OFTEN I KNOW AN ISSUE THAT YOU STRUGGLE WITH.
I DON'T, BECAUSE YOU MENTION IT IN MANY CASES, I DON'T TAKE IT OUT.
AND MY RESPONSE TO THAT IS, SOMEONE HAS HAD THE BENEFIT OF A VIOLATION FOR MANY YEARS.
THEY HAVE MORE THAN ENOUGH, HAD A RETURN ON THEIR INVESTMENT TO THE POINT WHERE THEY COMING INTO COMPLIANCE IS NOT, UM, HAS BEEN OFFSET BY MANY YEARS OF BEING IN VIOLATION WITHOUT HAVING TO PAY FOR IT COULD JUST BE ONE YEAR.
[01:30:02]
WOW.NO, I'M JUST SAYING, I, I I, I, I'VE REALLY, I'VE TALKED ABOUT IT WITH MY HUSBAND, I'VE TALKED ABOUT IT WITH FRIENDS.
I'VE SAID THIS IS A REAL CONCERN AND I, I WORRY ABOUT THESE THINGS WHEN THEY'RE IMPORTANT TO YOU.
I THE OTHER, MY WIFE WANTS THE OTHER SIDE OF COIN.
I JUST SAY, OKAY THING IS THAT WE ARE AT TIMES CHOOSING YOUR WORDS CAREFULLY.
I'M TRYING TO CHOOSE MY WORDS CAREFULLY.
WE ARE AT TIMES SYMPATHETIC TO INDIVIDUALS DEPENDING ON THE TYPES OF THINGS THAT THEY REPRESENT.
YOU KNOW, SOMETIMES WE HAVE PEOPLE WHO HAVE, YOU KNOW, MORE, MORE, NOT MORE, NOT MORE CHILDREN THAN THE AVERAGE FAMILY HAS.
AND THEY HAVE TO, YOU KNOW, DO THINGS WITH THEIR HOUSE OR DO WITH THEIR PROPERTY OR THE CARS OR WHATEVER IT MAY BE.
AND WE FIND WAYS TO MAKE IT WORK FOR THEM SOMEHOW.
AND WHAT I'M SEEING HERE IS THAT THIS, THIS CHILD, I DON'T KNOW WHAT HER DIFFICULTIES ARE, BUT I DO KNOW WHAT THE DIFFICULTIES ARE WITH THE BOYS, WITH THE BASEMENT, WITH THE UH, THE HOOP.
AND I MEAN THERE, YOU KNOW, I THINK THAT THE APPLICANT MADE, YOU KNOW, A DECISION TO TRY AND RE REMEDY SOME OF THE CONCERNS THAT HE HAD REGARDING HIS FAMILY.
AND THAT'S WHAT A LOT OF PEOPLE DO.
THERE'S, I, AND WE'VE HAD, AND WE'VE HAD PADDLE BOYS, THE BASKETBALL, OTHER THINGS, YOU KNOW, A LOT OF PEOPLE LIKE BASKETBALL'S ON THE SIDE OF THE BUILDING AND IT'S, THERE'S A HUGE AREA THERE THAT, WELL, IT DEPENDS ON WHERE'S THE BALL GOING GO ACTUALLY WON, GO INTO THE STREET.
IF THEY MOVE IT NOW IT'S HEADING INTO THE STREET, IT'S GONNA GO INTO THE RAVINE THOUGH.
WELL THAT'S BETTER THAN HAVING IT GO IN THE STREET NOW.
SOMEBODY RUNNING OUT AFTER IT.
BUT IT, SOMEBODY SWERVING IN THE, ACTUALLY THE OTHER LOCATION IS A BETTER LOCATION FOR THE BASKETBALL HOOP
BUT I'M JUST SAYING THAT, YOU KNOW, IT'S NOT ALWAYS PENNED ON, WELL, YOU COULD MOVE IT AND TAKE UP THE PAVERS NECESSARILY, BUT HOW, HOW DOES, HOW DOES THAT BENEFIT THE APPLICANT AND AND HOW DOES IT, HOW IS IT A DETRIMENT TO THE COMMUNITY? WELL, IN THIS CASE, PARTICULARLY SINCE THE NEIGHBORS WERE NOT AGAINST IT.
BUT YOU, YOU'VE ALWAYS MADE IT CLEAR THAT THE DECISION WE MAKE GOES BEYOND THIS OWNER.
AND WE CAN HAVE ANOTHER OWNER WHO HAS THE SAME PROBLEM OR THE FACT THAT THE ENTIRE FRONT YARD HAS BEEN PAVED OVER.
WHEN YOU SAY ENTIRE FRONT YARD, THE ENTIRE FRONT YARD HAS BEEN PAVED OVER.
BUT A LOT OF, THERE, THERE ARE A LOT OF YARDS AROUND THAT PEOPLE HAVE A LOT OF, AND, AND NO, THEY'RE ASKING TO GO TO THE PROPERTY LINE IN THIS.
YEAH, IT'S ALL ABOUT THE PROPERTY LINE IN THIS ONE.
IT'S NOT ABOUT, YOU KNOW, IMPERVIOUS SURFACE.
THEY, YOU KNOW, YOU WANT 'EM TO DIMINISH THE U THE U THE USE THAT THEY HAVE OF IT.
AND IF YOU CAN SAY, YOU KNOW, IF THEY CUT IT BACK THE SIX FEET, IT WON'T AFFECT WHAT THEY CAN POSSIBLY DO WITH THE AREA AND MAKE THAT AS A MM-HMM
AND, AND YOU WEREN'T HERE LAST MONTH? UM, WHERE I CAME DOWN VERY HARD ON AN APPLICANT, UM, ABOUT TAKING UP EXISTING, UH, STUFF IN ORDER TO COME INTO COMPLIANCE, TO THE POINT WHERE I, I GOT A VERY STERN STARE FROM OUR ATTORNEY AND MADE ME REALIZE THAT I MIGHT HAVE BEEN OVERSTEPPING.
SO SEE, HE'S, HE'S KEEPING HIS HEAD DOWN.
WHAT YOU DOING NOW?
AND I TOO, IN THE LAST MEETING HAD AN ISSUE WITH A DRIVEWAY AS WELL.
SO I AM NOT IN DISAGREEMENT WITH YOU.
SO I THINK MAYBE WE'VE KEPT EVERYONE WAITING LONG ENOUGH.
SO WHAT DO YOU WANNA DO? WE ALL VOTED, WE ALREADY TOOK A STRAW VOTE.
WELL STRAW VOTE DOESN'T MEAN THAT, OH, YOU MEAN THINK SHAUNA CHANGED MY MIND.
[01:35:03]
SO YOU DON'T, SO YOU DON'T WANT TO, YOU DON'T WANT TO PUT IT OVER TO GET INFORMATION.DO YOU WANNA GO BACK? THE NEIGHBORS HAVING THE WATER? DO YOU, THAT'S JUST THE THING NECESSARILY.
I KNOW AS VISCERAL AS THEY WERE IN THE LAST MEETING, IF SOME RESOLUTION WASN'T MADE, THEY WOULD'VE BEEN HERE.
IT WAS VERY CONTENTIOUS, BOTH THE HUSBAND AND HIS WIFE EXPRESSING WHAT HAPPENED TO THEIR CHILDREN AND NEIGHBORS ADJACENT TO ACTUALLY ACROSS THE STREET FROM THEM.
WHICH I COULDN'T UNDERSTAND HOW IT IMPACTED THEM.
AND WE HAD TO WEAVE THROUGH ALL OF THAT.
THEY HAD THEIR LEVEL OF SUPPORTERS IN TERMS OF DO YOU WANNA MAKE IT A CONDITION? I, IF THEY WERE STILL THAT CONCERNED THEY'D BE HERE.
WELL, YOU NEVER KNOW WHAT GOES ON IN SOMEONE'S LIFE THAT THEY CAN OR CAN'T BE HERE.
I, I'M NOT SURE IF THAT'S A RATIONAL, A PHONE CALL COULD BE MADE.
I MEAN, I THINK WE SHOULD JUST YEAH.
BECAUSE WHERE AM I AT NOW? I'M AM UNDER NO, CLEARLY I'LL GO OVER DOWN.
ARE YOU GONNA WRITE IT ALL BECAUSE OF YOU? I DON'T KNOW HOW TO WRITE IT, BUT I'LL TRY TO CONTRIVE SOMETHING.
YOU DON'T HAVE TO WRITE IT TONIGHT.
YOU COULD JUST WRITE IT BECAUSE IS THIS ISN'T, IS THIS A REGULAR? YEAH, I GOT THE LOCK ENGINEER IN TERMS OF THE PROPERTY.
ALL THIS IS TO, TO, UM, GIMME THIS TO UM, THIS IS 20, THAT'S 20, THAT'S 35.
OH YEAH, BUT I'M THIRD ONE LAST THING YOU HAVE TO DECIDE IS ON 1 24 31.
I WAS GONNA SAY WE NEED TO TAKE A VOTE ON THAT.
WILL YOU? OH, I THINK YOU SHOULD DO IT NEXT MONTH BECAUSE THAT WOULD NOT BE HERE.
I'M SURE THERE'S A VOTE INVOLVED.
OKAY, SO WE'LL JUST UP FOR YOU.
WHAT I'LL FIND OUT WHAT'S ON FOR NEXT MONTH.
WHAT, WHAT, DO YOU HAVE ANY IDEA OF WHAT WE ARE FACING NEXT MONTH? UM, I THINK THAT THERE'S GONNA BE TWO, ACTUALLY THREE ADDITIONAL APPLICATIONS.
WE MAY ALSO HAVE FIVE APPLICATIONS.
UM, WE MAY HAVE TO CONCERN OURSELVES WITH HAVING A QUORUM.
THE ONE PARENT FROM NEXT WEEK.
I WILL NOT BE HERE NEXT MONTH AS I'VE STATED.
SO ALSO TO KEEP THAT IN MIND FOR THE, THIS CLOSE DECISION ONLY ONE THAT YOU'RE A NO.
SO YOU'RE GONNA NEED A FOURTH
BUT IF I AM RIGHT, IT'S ALSO, AND WE KNOW THAT DIANE IS WATCHING ATTENDANCE FROM WHEREVER IT'S SHE.
ALRIGHT, SO IF WE HAVE THAT MANY, LET'S, LET'S PUT IT OVER FROM MARCH THEN.
'CAUSE I WANT YOU TO GET RID OF IT WHILE I'M NOT HERE.
I HAVE SUCH, SUCH A GOOD, YOU WANT US TO BE HERE UNTIL THREE O'CLOCK IN THE MORNING?
OH, YOU'RE NOT GONNA HERE WHEN YOU'RE NOT GONNA BE HERE.
WAIT, THAT'S NOW YOU HAVE TWO OF US NOT HERE.
SO I WOULD NOT HAVE A MEETING THEN.
NEXT MONTH WE CLOSED 2 79 FOR DECISION ONLY.
THERE'S FOUR OF US WHO NEED TO VOTE FOR IT.
THAT IT WON'T GO, IT WON'T GET APPROVED NEXT MONTH.
WHAT DO YOU MEAN? BECAUSE ARE YOU A YES ON THE, UH, 4 79? THE ONE THAT 2 79.
YOU'RE OKAY WITH THAT ONE? YEAH.
I DIDN'T KNOW IF YOU WERE A NO ON THAT ONE.
YOU, YOU SURE? BECAUSE YOU CHANGED YOUR MIND.
NO, I NEVER, I RARELY CHANGED MY MIND.
YOU DID CHICK-FIL-A, REMEMBER? OH NO, I, THAT ONE I GAVE UP.
NO, BUT THEN YOU CHANGED YOUR MIND.
SO I DID TONIGHT ACTUALLY I CHANGED IT ON WHEN I SAW THE PLANT.
I'M HAPPY FOR YOU TO CHANGE YOUR MIND.
I'M NOT SAYING YOU CAN'T BUT
[01:40:01]
DID YOU HEAR WHAT HE SAID? PRESENTATION.WHAT? HE SAID YOU NOW ONLY EATING POPEYE?
I'VE NEVER HAD POPEYES AND YOU JUST WANT IT.
ALRIGHT, SO YOU'RE GOOD FOR, FOR 2 79.
WHAT WE WERE DISCUSSING WAS NOT 2 79.
I KNOW, BUT I GET NERVOUS THAT THESE FREAKING THINGS ARE GONNA PRIMROSE PRIMROSE BECAUSE GOT GOT SALE PRIMROSE.
SO THE TWO OF YOU ARE NOT GONNA BE HERE NEXT MONTH, CORRECT? FEBRUARY 13TH.
OH, YOU KNOW, THERE'S A CHANCE I COULD COME VIA ZOOM.
I'M JUST NOT GONNA BE, I'M HAVING LIKE A MEDICAL THING THAT MORNING.
BUT I COULD PROBABLY ZOOM IN IF YOU'RE, IF YOU'RE NO, NO, I'M JUST CONCERNED ABOUT ANOTHER CASE.
WHAT WE'RE GONNA DO WITH THAT, THE ONE THAT WE ARE HAVING THE MEETING ON NEXT WEEK.
SO THAT WILL PUT THAT I THINK WILL REQUIRE A ALL HANDS ON DECK.
SO THAT ONE SHOULD GO OVER TO MARCH.
WHICH ONE IS THAT? FAIL? OH GOD.
SO WHAT'D WE DECIDE WITH PRIMROSE? SORRY.
I MEAN IT'S, IT'S, I IT'S A WEIGHTY CASE AS FAR AS OUR TIME.
WE DON'T KNOW WHAT THEY'RE GONNA COME BACK WITH.
BUT IT'S STILL A WEIGHTY CASE FOR US.
'CAUSE THE NEIGHBORS ARE GONNA BE HERE UNLESS THEY MET WITH EACH OTHER AND FIGURED SOMETHING OUT.
TURNING INTO MARY SUNSHINE HERE.
WE HAVE TO START LEARNING WITH HOPE.
I SAY MARCH, I MEAN, BUT THEN THAT'S GONNA PUT A LOT ON MARCH.
NO, WELL MAYBE WE'LL JUST PUT THOSE TWO CASES ON MARCH.
BUT THEN WE HAVE OH, SO WHAT YOU WERE TALKING ABOUT IS FOR FEBRUARY.
THERE'S THREE NEW ONES COMING FOR FEBRUARY.
ARE THEY SIMPLE ONES? WHO KNOWS? SOMETIMES THEY LOOK SO I MEAN ARE THEY LIKE, I WANNA PUT MY PATIO IN THE SIDE YARD OR IS IT LIKE SOMETHING A LITTLE, I JUST LITERALLY JUST STOPPED WITH.
OKAY, WHICH DAY IS IT IN MARCH? THE 13TH.
THE THURSDAY THE FIRST, THE MARCH ONE 13TH.
I CAN'T BELIEVE THAT WE'RE TAKING TIME TO FIGURE OUT
THAT'S BECAUSE WE'RE, WE'RE NOT USED TO BEING WELL, WHILE YOU ARE DISCUSSING THAT THE PEOPLE WHO WERE DRAFTING THE DECISIONS TONIGHT SHOULD BE WORKING.
NO, LET'S LEAVE, LET'S, LET'S GO, LET'S JUST DO THE MOTION.
CAN WE GO INTO SESSION AND YEAH.
GET OUT AT AN EARLY TIME TONIGHT MM-HMM
BUT WE NEED TO KNOW WHAT WE'RE GOING INTO.
SO YOU WANNA DO, CAN YOU CUT OFF LIKE CASES? LIKE CAN THERE EVER BE A MAXIMUM NUMBER? DO WE EVER DO THAT? 8 0 8? YEAH.
I DON'T KNOW THE WORD I WANT TO USE IN THESE TWO CASES.
WELL, ONE OR TWO ARE OF DECISION ONLY.
WHY DON'T YOU DO PRIMROSE NEXT MONTH AND PUSH OUT TO THE MARCH.
THAT WOULD BE HOW MANY YEARS NOW?
RIGHT? I'VE BEEN THINKING ABOUT THAT A YEAR AND A HALF.
HAS THEY BEEN TWO YEARS? I DON'T KNOW HOW LONG IT'S BEEN, BUT WE'RE GONNA HAVE PEOPLE HERE PREVAIL PROBABLY SOMETHING.
DID WE DECIDE PRIMROSE? IT WOULD BE NICE IF WE KNEW WHAT THE 13TH, WHAT THE CASES OF FEBRUARY CASES, NEW CASES WE HAVE ARE ABOUT, BUT WE DON'T KNOW.
SO PRIMROSE, WE HAVE TO WAIT TO HEAR WHAT THEY'RE GONNA COME BACK WITH.
I THINK WE SHOULD HEAR THEM FEBRUARY AND WE COULD PROBABLY PUSH FAIL TO MARCH.
[01:45:01]
WE'RE GONNA BE A LITTLE BIT LONGER.WHO WROTE UP THE OTHER ONE? WHO I'M WRITING UP THE THIRD ONE.
WELL, THE THIRD ONE THAT WAS DISCUSSED.
DO WE HAVE TO DO ANY VOTE ABOUT THE POSTPONEMENT OR, BECAUSE IT WAS AS OF RIGHT.
IT'S NOT WHAT WHAT DO WE HAVE TO THAT WAS MY QUESTION.
YOU SAY, DO WE HAVE TO VOTE ON THE ADJOURNMENT FOR THE FIRST ONE? NO, BUT THE ANSWER IS NO.
AS LONG AS IT WAS TIMELY WHEN I WAS TOLD THAT IT WAS BELIEVE IT'S IN THE MAILS.
SO DOES THAT MAKE IT MARCH? LIKE IN MARCH ON? I MEAN, I, I'D RATHER HAVE IT WHEN WE KNOW WE'RE GONNA HAVE PEOPLE THAN WHEN SOMETHING MIGHT HAPPEN AND THEN A PROBLEM.
AND THEN WE'LL HAVE MORE THINGS PILING UP ON TOP OF THIS.
WELL YOU'LL HAVE ONE, TWO, YOU'LL HAVE FOUR PROVIDED DIANE CAN MAKE IT.
AND SOMETHING DOESN'T HAPPEN TO SOMEBODY WHO GETS SICK.
THERE'S ALL THESE SICKNESSES GOING AROUND.
WELL THEN YOU'LL HAVE TO CANCEL.
AND THIS, THAT MIGHT BE ABLE TO ZOOM.
THIS IS FORCING YOU TO DO SOMETHING.
SITTING THERE LISTENING TO THIS STUFF, WE LOST SOMEONE.
SO ED, WHAT'S YOUR THOUGHT? THE PRESCRIPTION? I'M GONNA GIVE YOU THE LOOK THAT YOU GIVE US.
WHAT THE DATE IS FOR MARCH? I THINK SHE SAID IT'S ALSO THE 13TH.
ALRIGHT, SO I USED ANOTHER CLOSET.
I HAVE, IT'S THE MARCH 13TH OR MARCH 20TH.
13TH, SECOND WEEK IN THE MONTH.
CAN WE GO NOW? WHAT? ARE WE GONNA MOVE FORWARD? YEAH.
WHAT ARE WE GONNA DO ON? UM, SO THEY'RE, THEY'RE BOTH GONNA BE ON MARCH 13TH, WHICH WELL WE'RE NOT, THEY AND THEY WE'RE NOT DOING ROSE SIGNED.
[01:50:02]
CASE NUMBER 24 31 IS GOING TO BE ADJOURNED TO THE MEETING OF MARCH 13TH.THE NEXT ONE'S CLOSE FOR DECISION ONLY.
AND THE OF THE TWO ARE GRANTED.
SO WHICH S SALARY LEAVE IS TWO FEBRUARY 24, 2.
FEBRUARY IT'S CLOSE FOR, FOR DECISION ONLY.
WE DON'T HAVE TO PUT ANYTHING ON UNTIL WE KNOW WHAT HAPPENS NEXT WEEK.
OKAY, WE READY TO GO? SOMEWHAT? MM-HMM
WELL, THEY'RE BOTH STILL WRITING UP.
ALRIGHT, WE ARE BACK ON THE RECORD WITH RESPECT TO THE, WE HAVE TO WAIT FOR THE, IT'S RECORDING.
SHE SAID, UM, WE, WE HAVE, UH, COMPLETED OUR DELIBERATIONS FOR THIS EVENING AND CASE NUMBER 24 31 THAT WAS ADJOURNED AS OF RIGHT BY THE APPLICANT WILL BE PUT ON THE MARCH 13TH MEETING.
AND THE NEXT CASE IS CASE 24 32, SAUL BOLIVIA.
THAT IS CLOSED FOR DECISION ONLY.
AND THAT WILL BE ON THE FEBRUARY 13TH, 13TH ALSO NOT ALSO, BUT 13TH IS ALSO DATE FOR THAT CASE.
AND THEN THE NEXT CASE IS CASE 24 35, WHICH IS ONE THERESA LANE.
AND THAT IS GRANTED HOPEFULLY IF WE HAVE PUT THE CHICKEN SCRATCH.
DO WE HAVE A WE'LL DO THE SEEKER FIRST.
DO WE HAVE THE SEEKER? WHEREAS THE GREENBERG ZBA HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO CA COMPLIANCE AND WHEREAS THE GREENBERG PLANNING BOARD AS LEAD AGENCY CONDUCTED A COORDINATED REVIEW AND DETERMINED THAT THE SUBJECT APPLICATION IS AN UNLISTED ACTION, WHEREAS THE GREENBERG PLANNING BOARD HAS DETERMINED THAT THE PROPOSED ACTION WILL NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT AND ISSUED A NEGATIVE DIRECT DECLARATION ON SEPTEMBER 30TH, 2024.
AND I BELIEVE WE HAVE NO MOTIONS OR NO, YOU HAVE A MOTION.
MOTION NOW WHY IS IT NO, IT SAYS NO MOTIONS HERE FOR 25 35.
NO, NO, THAT'S JUST THE ENVIRONMENTAL.
ALRIGHT, AND DO WE HAVE A MOTION ON 24 32? YES, MADAM CHAIR.
MADAM CHAIR, HAVE A MOTION? NO, NO, NO.
NO, I HAVE, I HAVE TO DO THE, UH, YOU HAVE TO DO IT AGAIN.
WE JUST DID THE SEEKER FOR 24 35.
SO NOW I NEED A MOTION ON YOUR MOTION, PLEASE.
KIRA HAS, WHAT'S THE MATTER? KIRA, HAS YOU GIVE JUST A MOMENT WHAT HAPPENED? HE HAS IT.
NO, SHE READ, I THINK SHE READ THEM ON 4 32 AND NOT 24 30.
OH, SHE READ THE WRONG SPEAKER.
THAT THAT'S WHAT THREW ME OFF.
I WAS WONDERING WHY WE'RE READING ALL THAT UNLISTED AND STUFF.
IT SHOULD BE IN HERE BECAUSE THIS IS HERS.
SO, UM, OH, SO YOU READ THAT? YES.
OKAY, WE'RE GONNA START, PLEASE CORRECT THE RECORD THAT WHAT I HAD READ WAS BEFORE WAS FOR FOUR WAS FOR IN INAPPROPRIATELY PAGE 24 32.
[01:55:01]
I WAS TRYING TO READ THE SECRET FOR 24 35 AND THAT IS WHEREAS THE GREENBERG CBA HAS REVIEWED THE ABOVE REFERENCED APPLICATION WITH REGARD TO CA COMPLIANCE.AND NOW THEREFORE DID IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRE NO FURTHER SECRET A CONSIDERATION.
AND DO I HAVE A SECOND ON THAT? SECOND? SECOND, YES YOU DO.
AND DO WE HAVE A MOTION? UH, MADAM CHAIR? UM, I HAVE A, I HAVE A MOTION.
I MOVE THAT THE APPLICATION IN CASE NUMBER 24 DASH 35 BE GRANTED.
PROVIDED THAT ONE, THE APPLICANT OBTAINED ALL NECESSARY APPROVALS AND FILED THE SAME WITH THE BUILDING DEPARTMENT.
TWO CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLANS DATED OCTOBER 3RD, 2024 AND STAMPED AND RECEIVED ON 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 ONLY.
ANY FUTURE OR ADDITION ADDITIONAL CONSTRUCTION THAT IS NONCONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACKS, OR OTHER VARIANCES WE HAVE APPROVED HEREIN.
DO WE HAVE A MOTION YOU ANYONE TO FINDINGS, FINDINGS ON IT? NO, WE DO.
I WROTE 'EM UP SO WE'LL YEAH, THAT'S WHAT I THOUGHT.
I NEED THE, I NEED THE, UM, DID THEY SAY IT WAS R 10? IT'S R 10.
FINDINGS, THE APPLICANT OWNS THE PROPERTY LOCATED IN, OH, IT'S RIGHT THERE.
ARN 10 ZONING DISTRICT AND PROPOSE AND, AND, AND PROPOSES TO LEGALIZE PATIOS INSTALLED IN THE REAR AND FRONT YARD.
UM, LEGALIZED PATIOS INSTALLED IN THE FRONT YARD OF THE SUBJECT PROPERTY.
IN ORDER TO DO SO, THE APPLICANT REQUIRES THE FOLLOWING VARIANCES FROM THE PROVISION OF THE ZONING ORDINANCE SECTION 2 85, 2 85 DASH FIVE OF THE ZONING ORDINANCE TO REDUCE THE DISTANCE BETWEEN THE PATIO AND FRONT LOT LINES FROM 10 FOOT REQUIRED TO ZERO FOOT AND FROM NO, YEAH, THIS IS, YEAH, HOLD ON.
WHY DON'T WE HAVE THOSE TOMORROW? YEAH, NO, JUST LEMME FINISH.
YEAH, LET ME JUST CROSS THIS OUT.
AND GRANTING THIS APPLICANT APPLICATION, THE ZONING BOARD HAS WEIGHED THE BENEFIT TO BE DERIVED BY THE APPLICANT FROM THE PROPOSED VARIANCE AGAINST THE IMPACT THAT THE VARIANCES MIGHT HAVE ON THE HEALTH, SAFETY AND WELFARE OF THE NEIGHBORHOOD AND COMMUNITY AFTER COMMUNITY.
AFTER DOING SO, WE HEREBY FIND THAT ONE GRANTING THE VARIANCES WILL NOT RESULT IN AN UNDESIRABLE CHANGE TO THE NEIGHBORHOOD OR DE DETRIMENT TO THE NEARBY PROPERTIES PROVIDED THAT THE CONDITIONS ARE FULLY COMPLIED WITH.
BECAUSE HOMES THAT BORDERED THE APPLICANT ALONG THERESA LANE ARE IN FAVOR OF THIS APPLICATION PROPOSING THAT THE VARIANCE WILL NOT CREATE AN ADVERSE CONDITION NOR CHANGE THE CHARACTER OF THE NEIGHBORHOOD.
THE GOAL OF THE APPLICANT CANNOT BE ACHIEVED BY SOME OTHER FEASIBLE MEANS WITHOUT OBTAINING THE VARIANCES.
WE ARE GRANTING IN GRANTING NOW BECAUSE THE NATURE OF THE PROPERTY IS A UNIQUELY, ODDLY SHAPED LOT WITH A NARROW FRONTAGE THAN THE REAR OR SIDE LOTS.
SIMILARLY, THE ANGULAR NATURE AND STEEP DROP OFF OF THE FRONTAGE TO THE REAR AND SIDES OF THE MAIN HOME GIVES NO ABILITY TO RECREATE TO THE REAR OR SIDE YARDS.
THE PROPERTY IS ZONED AS R 10, BUT IS I BUT DUE TO THE ODDITY OF THE SHAPE OF THE PROPERTY IS SLIGHTLY LARGER, THE REQUESTED VARIANCES ARE SUBSTANTIAL IN RELATION TO THE REQUIREMENTS SOUGHT TO BE VARIED IN THAT THE REQUESTED RELIEF RELIEF IS ZERO FEET COMPARED TO WITH 10 FEET REQUIRED.
[02:00:01]
IN THE FRONT YARD PROPOSED WHERE ONLY SIDE YARD, WHERE SIDE REAR YARD IS PERMITTED.GRANTING THE VARIANCES WILL NOT HAVE AN ADVERSE EFFECT OR IMPACT ON THE PHYSICAL ENVIRONMENT.
CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT IE DRAINAGE, STEEP SLOPES, WOODLANDS, AESTHETICS, VIEW SHEDS, IMPERVIOUS SURFACE FLOODING CONDITIONS, ET CETERA.
BECAUSE THE APPLICANT HAS MADE EFFORT TO MEET WITH THE NEIGHBORS TO THE REAR OF THE PROPERTY IN CONJUNCTION WITH THEIR ENGINEER.
COUPLED WITH THIS APPLICATION IS A WATER MITIGATION PLAN.
THAT RIGHT HERE, SCREENING AND REMEDIATION OF MATTERS UNRELATED TO THIS APPLICATION.
THE APPLICATION THE APPLICANT'S NEED FOR VARIANCES WAS SELF-CREATED.
THE APPLICANT PURCHASED A PROPERTY WITH KNOWLEDGE OF THE REQUIREMENTS OF THE ZONING ORDINANCE.
HOWEVER, THE FACT THAT APPLICANT'S NEED FOR AN AREA OF VARIANCE, ITS VARIANCE IS SELF VARIANCE, IS SELF-CREATED, DOES NOT BY ITSELF REQUIRE US TO DENY AN AREA OF VARIANCE.
AND TONIGHT'S LAST CASE IS CASE 24 13 A AND THE SEE SEEKER STATEMENT IS WHEREAS THE GREENBERG CVA HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO CCA COMPLIANCE AND WHEREAS THE GREENBERG PLANNING BOARD AS LEAD AGENCY CONDUCTED A COORDINATED REVIEW AND DETERMINED THAT THE SUBJECT APPLICATION IS AN UNLISTED ACTION, WHEREAS THE GREENBERG PLANNING BOARD HAS DETERMINED THAT THE PROPOSED ACTION WILL NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT AND ISSUED A NEGATIVE DECLARATION ON APRIL 17TH.
NO MOTIONS OR VOTE ARE NEEDED.
WHAT, WHAT ARE YOU TALKING ABOUT? THAT'S WHAT I'M READING HERE.
I MOVE THAT THE APPLICATION IN CASE NUMBER 24 DASH 13 AB GRANTED PROVIDED THAT ONE, THE APPLICANT OBTAINED ALL NECESSARY APPROVALS AND FILE SAME WITH THE BUILDING DEPARTMENT.
TWO CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLAN DATE OF JANUARY 17TH, 2024 AND LAST REVISED MAY 1ST, 2024 SUBMITTED IN SUPPORT OF THIS APPLICATION.
OR AS SUCH, PLANS MAY BE HEREINAFTER 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.
THREE, THE VARIANCE IS BEING GRANTED ARE FOR THE IMPROVEMENTS SHOWN ON THE PLANS 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.
SECOND FINDINGS WILL BE AVAILABLE LATER THIS WEEK.
WELL, I'LL WAIT UNTIL WE AYE SECOND IT ALL IN FAVOR? AYE.
AND THE FINDINGS ON THIS WILL NOT BE AVAILABLE THIS EVENING, BUT THERE WILL BE AVAILABLE, UM, WITH IN THE WEEK AND ALSO THE SECRETARY WILL HAVE THEM AND THEY WILL BE IN THE, UH, OFFICIAL RECORD.