* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:03] PROGRESS. [ TOWN OF GREENBURGH PLANNING BOARD AGENDA WEDNESDAY, February 19, 2025 – 7:00 P.M. Meetings of the Planning Board will be adjourned at 10:00 p.m. ] ALL RIGHT, SO THIS IS THE FEBRUARY 19TH. I THOUGHT I'M THE CHAIR. YOU ARE THE CHAIR. OH, I GET TO SAY THAT. ALL RIGHT, . OH, WELCOME. WELCOME TO THE FEBRUARY 19TH, 19, 20, 25 PLANNING BOARD MEETING. MY NAME IS MICHAEL GOLDEN. I AM THE EMERGENCY CHAIR JUST APPOINTED ONE MINUTE AGO. SO I AM UNPREPARED FOR THIS POSITION. SO I WOULD ASK FOR YOUR INDULGENCE. AND COULD YOU PLEASE CALL THE ROLE MATT? ABSOLUTELY. UH, EMERGENCY CHAIR. MR. GOLDEN? HERE. MR. PINE? HERE. MR. DESAI? HERE. MS. MEYER HERE. AND ON ZOOM. MR. WEINBERG, IF YOU COULD UNMUTE ED, CAN YOU UNMUTE PLEASE ON ZOOM? DO YOU HAVE TO UNMUTE HIM? I DON'T HAVE, YOU'RE STILL MUTED. YOU CAN ASK TO UNMUTE. HE'S NOT THERE. SOMEBODY, IS HE TALKING? HE IS TALKING. YEAH. ED, YOU'RE STILL MUTED. UM, WE'LL COME BACK TO YOU. HE'S HERE OVER ZOOM. HOPEFULLY, WE'LL, HE'LL, UH, SORT IT OUT. UH, NOTE FOR THE RECORD THAT, UH, CHAIRPERSON DAVIS AND MR. SNAGS ARE ABSENT. ALRIGHT. APPROVAL OF THE MINUTES. UM, DOES ANYBODY HAVE ANY COMMENTS ON THE MINUTES? NONE THAT I, THEY LOOK GOOD TO ME. OKAY. I THINK IT'S GOOD CALL FOR MOTION TO APPROVE. MOTION TO APPROVE. SECOND. ALL IN FAVOR? AYE. AYE. IT'S STILL, UH, IT IS STILL MUTED, SO, BUT WE HAVE ENOUGH FOR THE VOTE TO CARRY HERE. UH, SO, WELL, THIS COULD BE A PROBLEM, BUT THIS CONTINUES. YES. YES. UM, DO YOU KNOW HOW TO TEXT HIM? NO. UM, OKAY. UH, CALL HIM UP. YEAH. CAN YOU DO BY CALL, UH, CALL HIM SO THAT HE CAN I, YEAH. ED, ARE YOU ABLE TO JOIN, LIKE, USE YOUR PHONE TO JOIN OR CAN YOU UNMUTE SOMEHOW PLEASE? OR ASK IF HE COULD HEAR US? TELL HIM TO PUT HIS THUMB UP IF HE CAN HEAR US. CAN YOU HEAR US? NO, WE CAN'T SEE. YES. OKAY. CAN HEAR US? JUST ASK HIM TO DIAL INTO THE ZOOM FROM HIS PHONE. NO, WE CAN GO AHEAD. ALRIGHT. HANG. UH, SO WHY, WHY DON'T YOU JUST TELL HIM TO, TO GET OUT OF ZOOM AND THEN RE REENTER IT. JUST A DUO. WE'LL DO THE PHONE DIAL IN. YES. CAN WE, CAN YOU EVEN REJOIN OR TRY TO PHONE, PHONE DIAL IN? UH, SO WE CAN GET YOUR AUDIO HERE. OKAY. WE'LL LET HIM WORK ON THAT. OKAY. WE'LL MOVE ON. CORRESPONDENCE, I THINK. MATT, THIS IS YOUR, UH, YOUR THING HERE. YES. SO THE ITEM UNDER CORRESPONDENCE TODAY IS CASE NUMBER PB 24 DASH 2110 AT 56 DOBBS FERRY ROAD. THE PROJECT IS FOR A MINOR PROJECT, UH, WETLAND WATERCOURSE CLEARANCE, UH, WETLAND WATERCOURSE PERMIT APPLICATION. UH, AND THE APPLICANT IS PROPOSING TO PAVE A PORTION OF THEIR PROPERTY TO, UH, MEET ZONING REQUIREMENTS TO HAVE, UH, SIX PARKING SPACES FOR THE THREE FAMILY HOME ON THE LOT. UM, AND THEY ARE, IN DOING SO, THEY ARE DISTURBING SOIL AND THEY, AND THEY'RE INSTALLING, UM, SIX DRY WELLS TO HANDLE THE RUNOFF FROM IMPERVIOUS SURFACES. THEY ARE ABOUT 44 FEET AWAY FROM THE, UH, MANHATTAN BROOK, AND THEREFORE THEY REQUIRE THE WETLAND WATERCOURSE PERMIT. THEY APPEARED BEFORE THE CONSERVATION ADVISORY COUNCIL RECENTLY, UH, LAST WEEK AND RECEIVED A POSITIVE RECOMMENDATION. UM, I'M PULLING UP THE PLANS NOW FOR ME TO SHARE. [00:05:07] IT'S IN THE WAITING ROOM. ALL RIGHT. UH, SO THESE ARE THE PLANS. THE GRAY SHADED AREA IS THE AREA OF PAVEMENT THAT THEY'RE ADDING, AND YOU CAN SEE THE, UH, DRYWALLS THAT THEY'RE ADDING HERE. UM, OF NOTE, UH, ADDING THIS, UH, PAVING, THIS DRIVEWAY DOES TAKE THEM OVER FOR IMPERVIOUS SURFACE COVERAGE FOR THE LOT, UH, THE MAXIMUM ALLOWED IS 43.75%, AND, UH, WITH THE PAVEMENT THEY ARE PROPOSING 58.22%. UM, SO NOBODY HAS ANY QUESTIONS. I'M HAPPY TO ADDRESS THEM. SO WHAT IS THIS SQUARE DRYWALL BE? THE RED. ALRIGHT. UM, THE DRYWALLS? YEAH. YEAH. IT'S, UH, THERE'S JUST SIX DRYWALLS IN ROW ROUGH THAT THEY'RE ADDING TO, UH, CATCH THE RUNOFF FROM THE DRIVEWAY. SO HOW DOES THAT, UH, THEY'RE ADDING, THEY'RE ADDING A DRAIN AT THE END OF THE DRIVEWAY. OKAY. THAT'S AT THE SQUARE THINGS OR, YES. MM-HMM . IS THESE, UH, YEAH, NO, I UNDERSTAND. BUT HOW DOES THAT, UH, OKAY, SO THE, THERE IS DRAIN AT THE END OF THE YES. DRIVEWAY. SO IT'S A SLOPING DOWN THE DRIVEWAY. YEAH. YEAH. IT'S SLOPING TOWARDS THE REAR. AND HERE'S THE DRAIN INLET. UH, AND IT'S CONNECTED TO THE DRYWALL. UM, THE STAFF IS SUGGESTING THAT WE REFER THIS TO THE TOWN. YEAH, WE INSPECTOR. YEAH. SINCE IT'S A MINOR PROJECT. YEAH, NO, DEFINITELY. OKAY. ANY OTHER THOUGHTS ON THIS ONE BEFORE WE OKAY. UH, SO THERE'S, THERE'S A FEW THINGS THAT, UH, FRAME, YEAH, SORRY. THERE'S A FEW THINGS I'D LIKE THE BOARD TO CONSIDER, UH, VERSUS A SEEKER DETERMINATION THAT THIS IS A TYPE TWO ACTION. UH, THE SECOND WOULD BE A RECOMMENDATION ON THE IMPERVIOUS COVERAGE VARIANCE. AND THEN THE THIRD WOULD BE CONSIDERED TURNING IT OVER TO THE WETLANDS INSPECTOR FOR, UH, HIS DECISION ON THE PROJECT. OKAY. SO I CALL FOR A MOTION TO DE DECLARE THIS A TYPE TWO ACTION. SO, MOVED SECOND. I DUNNO, THAT MEANS IT DOESN'T REQUIRE AN ENVIRONMENTAL IMPACT STATEMENT. IT'S JUST MINOR. OKAY. OKAY. I AGREE. THANK YOU. ALL IN FAVOR? AYE. AYE. AYE. OH, ED'S. CAN YOU HEAR ME NOW? WE, YES. PERFECT. GREAT. PRETTY GOOD. NOW, THE, THE, THE IMPERVIOUS, THIS IS BEING DONE TO MEET CODE? YES. UH, THEY, IT'S A LEGAL NON-CONFORMING THREE FAMILY HOME. SO THEY NEED SIX PARKING SPACES. THIS PAVEMENT THAT THEY'RE DOING IS FOR THE SIX PARKING SPACES TO MEET THAT PARKING CODE. AND IF THEY LEFT IT JUST GRAVEL, IT WOULD NOT REQUIRE A VARIANCE. IT WOULD REQUIRE VARIANCE FOR PARKING SPACES. I MEAN, IT HAS TO BE ASPHALT TO BEAT THE PARKING SPACE REQUIREMENTS. WELL, E EVEN IF IT IS GRAVEL, IT'S STILL CONSIDERED IMPERVIOUS COVERAGE UNDER TOWN CODE. OH, IT IS? YES. IF YOU PARK ON IT, IT'S CONSIDERED IMPERVIOUS. OKAY. SO, SO THEY ARE TO GO TO THE ZONING BOARD? YES. TO GET THE VARIANCE. OKAY. ANY THOUGHTS ON A RECOMMENDATION? DO THEY HAVE TO IN ORDER IF YEAH, I THINK IT'S, I'LL GIVE NEUTRAL BECAUSE THEY NOT, YEAH, I MEAN, THEY HAVE TO DO IT, BUT I MEAN, ZONING BOARD WILL HEAR THE SAME ARGUMENT. YEAH. WILL PROPOSE NEUTRAL. ALRIGHT, SO HERE YOU WANNA MAKE THAT A MOTION? YEAH, I THINK, UH, FOR NEUTRAL RECOMMENDATION, NEUTRAL RECOMMENDATION TOO. SECOND DWELLING UNIT REQUIRES TWO PARKING SPACE. GET TO SIX. ALL IN FAVOR FOR NEUTRAL RECOMMENDATION. AYE. AYE. AYE. A. AND FINALLY, UH, REFER THIS MATTER TO THE, UH, CAN YOU CALL YOURSELF A WETLAND INSPECTOR? THE TOWN WETLANDS, BY THE WAY, WHO IS THE TOWN WETLANDS INSPECTOR? ME , WHAT ARE YOU GONNA DO WHEN YOU GET, I'M GONNA ISSUE A DECISION TO MYSELF DESPITE THAT. DO WE HAVE A MOTION TO, UH, REFER THIS TO THE TOWN WETLAND INSPECTOR MOTION? MOTION? YEAH. OH, YOU MAKE MY SECOND. SECOND. ALL IN FAVOR? AYE. AYE. AYE. OKAY. ALL RIGHT. THANK YOU. NEXT. THANK YOU. SO THEY WON'T COME, COME BACK TO US, RIGHT? NO, WE'RE JUST GONNA TAKE CARE OF, OKAY. THE NEXT MATTER IS, UH, CASE NUMBER PV 24 0 3 WANG SIX COTSWOLD WAY, UH, AT THE ADVICE OF TOWN, UH, OF THE TOWN [00:10:01] ATTORNEY. UH, I'LL BE RECUSING MYSELF FROM THIS CONVERSATION SINCE I SUBMITTED A LETTER OF COMMENT, UH, ON THIS APPLICATION BEFORE I JOIN THE PLANNING BOARD. SO I'LL BE, UH, MOVING AWAY FROM THE TABLE. SO, UH, YOU CAN SIT JUST OVER. I, I WOULD JUST ASK COUNSEL TO COMMENT ON TWO ISSUES. FIRST, CAN WE CONTINUE TO DISCUSS THIS CASE EVEN THOUGH FOUR MEMBERS ARE NOT PRESENT? WELL, FOUR, FOUR MEMBERS ARE PRESENT, THREE PHYSICALLY, ONE REMOTELY, UH, AND THE, UH, FORM HAS ALREADY BEEN ESTABLISHED TO CONDUCT THE HEARING. SO IN MY OPINION, YOU CAN, AND, AND THIS IS ALSO A, UM, WORK SESSION, NOT A PUBLIC HEARING. NO DECISIONS ARE GOING TO BE MADE TONIGHT. SO IN MY OPINION, YOU CAN PROCEED. OKAY. BUT I THINK THERE WAS ONE ISSUE ABOUT THE DECLARING HERSELF LEAD AGENCY. UH, YES. SO, UH, AFTER THE APPLICANT PRESENTS THE PROJECT AND THE BOARD ASKS QUESTIONS ABOUT THE PROJECT, THE BOARD MAY CONSIDER DECLARING ITS INTENT TO SERVE AS LEAD AGENCY INTENT, NOT, YOU'RE NOT DECLARING YOURSELF LEAD AGENCY. YOU, WE HAVE TO MAKE A MOTION MERELY, UH, ALLOWING AN A LETTER TO GO OUT TO OTHER AGENCIES TO SEE IF THEY CAN, UH, HAVE ANY OBJECTIONS TO YOU. RIGHT? BUT CAN WE MAKE THAT MOTION WITH ONLY THREE PHYSICALLY PRESENT AND ONE VIA ZOOM? YEAH, I BELIEVE YOU CAN. ALRIGHT, LET'S PROCEED, MATT. ALL RIGHT, EMILIO, YOU KNOW, I TRY TO HEAR EVERYTHING YOU GUYS SAY, BUT I, I FAILED MISERABLY, BUT I'M NOT GOING TO IGNORE IT. I'M SIMPLY GOING TO REPEAT WHAT I WAS GONNA SAY. ANYWAY, GOOD EVENING EVERYONE. EMILIO ESCALADAS ARCHITECTS AND ENGINEERS. I ACTUALLY HAVE MY SON HERE. HE'S SPYING ON ME. HE WANTS TO, UH, LEARN SOMETHING ABOUT THE BUSINESS. HE'S STUDYING ENGINEERING, SO NOT A GOOD CASE TO START WITH. BUT, UM, WHAT WE'RE HERE TO DO IS TO REINTRODUCE THE SAME APPLICATION THAT WAS DONE PROBABLY A YEAR AGO, WOULD WE SAY? IT WAS A LONG TIME AGO. AND THERE WERE A COUPLE OF MEETINGS, ONE INFORMAL AND ONE, I BELIEVE FORMAL WITH THE BOARD. AND WHAT WE PRESENTED WAS THE EXISTENCE OF AN OVERSIZED LOT, WHICH IS REALLY TWO PARCELS. THEY WERE ORIGINALLY TWO PARCELS, LIKE ALL THE OTHER PARCELS IN THE AREA. AND THESE WERE R 15 ZONED PARCELS. WE ALL KNOW THAT R 15 MEAN 15,000 SQUARE FEET. AND, UH, SOME SOMETIME IN THE PAST, UH, THAT RED LINE THERE SHOWS WHERE THE R 15 WAS CHANGED INTO R 20. UH, THE REASON WHY I START WITH THIS INFORMATION IS BECAUSE WHEN I WAS ASKED BY THE OWNERS WHO ARE ABSENT, THEY, THEY LIVE IN BOSTON, THEY'RE, THEY, THEY COULDN'T BE HERE TONIGHT. UM, THEY ASKED ME, IS THIS VIABLE? AND OF COURSE, YOU KNOW, WE, WE DO A LITTLE BIT OF A RESEARCH, AND I SAID, WELL, YOU ARE IN A, IN AN AREA WHERE ALL LOTS WITH MAYBE FIVE, 3% EXEM EXEMPTION OF THE LOTS AROUND THE PROPOSED SUBDIVIDED LOT ARE LESS THAN 15,000. IN OTHER WORDS, THE HISTORY HERE, UM, THOSE GREEN LOTS THAT I COLORED, UM, REPRESENT, UM, LOTS THAT ARE NOT MEETING THE R 20, WHICH IS THE ZONING WHERE WE ARE IN. SO WE'RE BEING JUDGED, UM, BY THE R 20 CRITERIA, WHICH IS FINE, YOU KNOW, THIS IS WHY WE'RE HERE AND THIS IS WHY WE NEED TO GO TO THE ZONING BOARD OF APPEALS. SO MY, MY CONCERN IS TO LET THE BOARD KNOW AND PRESENT TO THE BOARD ALL THE INFORMATION THAT THEY MIGHT NEED TO, UH, FOR THEM TO BE ABLE TO JUDGE THE FAIRNESS OF THIS APPLICATION, UH, NOT ONLY TO THE APPLICANT ITSELF, BUT TO THE NEIGHBORS, AND BE ABLE TO JUDGE THE, THE, THE MORALITY OF THIS, THIS PROPOSAL WITH RESPECT TO THE EXISTENCE AND, UH, THE REALITY OF THE LOTS THAT SURROUND US. NOW, THAT'S THE MOST IMPORTANT THING TO SAY BECAUSE WHEN, WHEN YOU JUDGE, YOU HAVE TO SEE WHETHER THINGS ARE APPROPRIATE OR NOT, WHETHER THEY'RE OUT OF SCALE OR WHETHER THEY ARE, UM, BEING INVENTED. [00:15:01] SO THERE'S NOTHING HERE THAT GOES IN THAT DIRECTION. IT'S ACTUALLY VERY TYPICAL. UM, WE CAN CERTAINLY TALK ABOUT THE, UH, FLAWS, UH, THE IMPERFECTIONS OF THE APPLICATION WITH RESPECT TO THE R 20 CRITERIA. AND THE BUILDING DEPARTMENT HAS DONE THAT VERY EFFICIENTLY. THEY HAVE GIVEN US A FEW, UH, CONCERNS THAT NEED TO BE ADDRESSED VIA VARIANCES. THEY HAVE TO DO WITH, UH, MINOR SETBACKS TO THE EXISTING STRUCTURE. IF WE ARE TO JUDGE THE EXISTING STRUCTURE FOR AN R 20 ZONING. UH, WE ARE ALSO NOT, UH, QUITE THERE IN TERMS OF SIZE. WE NEED A FEW THOUSAND SQUARE FEET OF VARIANCES, UH, AND SO ON. SO THE, THE, THE, THE DETAILS OF WHAT IS NEEDED, UH, IF YOU WANT TO, WE'LL GO INTO IT IN DETAIL, THAT'S NOT WHY I'M NOT, UH, TALKING ABOUT IT. I'M SIMPLY SAYING THE, THE ORDER OF THOUGHT HERE AND THE CONCERN THAT I, AS THE BOARD MEMBER WOULD HAVE IS, IS THIS AN APPLICABLE, UH, COMMON SENSE, UH, REQUEST WITH RESPECT TO MY NEIGHBORS, WITH RESPECT TO THE HISTORY OF THE PROJECT, WITH RESPECT TO WHAT EXISTS. NOW, WE ARE OF COURSE, AS OF RIGHT IN TERMS OF WE HAVE SEWERS, WE HAVE WATER, UM, IN FRONT OF THE LOT. SO WE, WE DON'T HAVE TO HAVE ANY SPECIAL CONSIDERATION. WE SIMPLY DIG AND CONNECT TO THE EXISTING SERVICES. UM, THE ONLY OTHER INTERESTING THING IS THAT, UM, WE, WE WERE TRYING TO, UH, BE FLEXIBLE IN THE APPLICANT IN THE APPLICATIONS THAT WE, IN THE, IN THE OPTIONS THAT WE GIVE THE BOARD. HE ALWAYS, WHEN YOU HAVE A PROJECT, THE BOARD ALWAYS WISELY SAYS, WELL, WHAT ARE THE OPTIONS HERE? WELL, CERTAINLY THE OPTION IS TO DO NOTHING AND TO STAY STATUS QUO. THAT'S OPTION NUMBER ONE. OPTION NUMBER TWO IS TO ALLOW THE SUBDIVISION, AS YOU SEE IN THE BACK, UH, DRAWING THERE, WHICH IS THE, UH, THE PROPOSED SUBDIVIDED LOT, UM, OBTAINING THIS, THE, THE VARIANCES THAT ARE NECESSARY AND BUILDING A HOUSE THAT IS MAXED OUT TO THE FAR, THAT THE SLOPE REDUCTION CRITERIA FORCES INTO WHICH IT'S 25, IS A VERY 25 OR 27, I FORGET WHAT IT IS. SO IT'S A VERY REASONABLE SIZE HOUSE. IT'S NOT A MCMANSION, IT'S NOT ANYTHING THAT WOULD BE OFFENSIVE IN ANY WAY. UM, AND OF COURSE IT WOULD RESULT, RESULT IN A CERTAIN AMOUNT OF, UH, DAMAGE TO THE LOT OR, UH, UH, IF YOU, IF YOU MIGHT WANT TO CALL IT DAMAGE, I CALL IT DEVELOPMENT. UH, WE WOULD HAVE TO CUT SOME TREES, BUT WE WOULD ALSO PLANT TREES PROBABLY MORE THAN THE ONES WE WOULD CUT. AND WE WOULD PROBABLY, UH, UH, HELP WITH THE DRAINAGE. SINCE, SINCE ANY KIND OF DEVELOPED LOT HAS TO DEAL CAPTURE AND HANDLE THE WATER, UH, UH, BETTER THAN, UH, A RAW PIECE OF LAND, UH, DOES. SO, UH, UH, WE WOULD HAVE GRASS. THERE'S A LOT OF, THERE'S A LOT OF NUMBERS THAT ARE THROWN AROUND, BUT ONE SQUARE FOOT OF GRASS GIVES YOU MORE OXYGEN THAN A SMALL TREE. IT'S, IT'S AMAZING WHAT WE FIND WHEN WE, WHEN WE START LOOKING FOR POSITIVENESS OF DEVELOPMENT. ANYWAY, THAT WOULD BE SECOND CHOICE. A THIRD CHOICE IS TO, AND, AND BY THE WAY, THAT FIRST CHOICE WOULD BRING THE TRAFFIC FROM COSTCO WAY WITH, FROM THE MAIN ROAD. LIKE ANY OTHER HOUSE, WE WOULD HAVE A CURB CUT, WE WOULD ENTER THE LOT, UH, FROM THE LL LESS TRAVELED, UH, ROAD. IT'S ON AN INTERSECTION. UH, SO WE WOULD ENTER AS ANY OTHER HOUSE HAS. UM, AND, AND, UM, AND THEN THE FOURTH OPTION, SORRY, THE THIRD OPTION IS TO ENTER, BECAUSE WE DID HEAR SOME COMMENTS FROM THE, FROM THE NEIGHBORS, AND THE WRITTEN COMMENTS WERE MOSTLY, UH, UM, AGAINST THE PROJECTED TRAFFIC THAT THIS CURB CUT WOULD INVITE AND THE TRAFFIC DANGER TO CHILDREN WALKING, PEDESTRIANS AND SO ON. SO, UM, AND THAT WAS THE COMMON, UH, OFFENSIVE, UH, ACTION AS PER THE FIRST GENERATION OF LETTERS THAT WE RECEIVED. UM, SO WE, WE, UH, WE WENT BACK AND SAID, YOU KNOW WHAT, WE WILL RESOLVE THAT. AND WE PROPOSED AN ENTRANCE THROUGH THE, NOW ENTRANCE TO THE LOT, WHICH IS FROM THE REAR. AND WE QUICKLY SAW THE ADVANTAGE OF CONNECTING, UM, UH, A LITTLE, UH, ENTRANCE WAY FROM THE ALREADY PAVED, ALREADY EXECUTED DRIVEWAY INTO THE, UH, LOT, WHICH WOULD MINIMIZE THE DRIVEWAY BY 80% WOULD ELIMINATE THE NUMBER OF CUTS TREES BY 20 WOULD MINIMIZE THE AMOUNT OF EXCAVATION. IN OTHER WORDS, IT BECAME THE COST OF, OF THIS SUBDIVISION OPTION. CERTAINLY FROM MY PERSPECTIVE, UH, IF I WAS SPENDING MY MONEY, I WOULD, I WOULD DEFINITELY DO THAT, AND FOR THE PRIVACY [00:20:01] AND FOR THE SAFETY OF THE NEIGHBORS. SO I, I FELT VERY HAPPY. I I SHARED IT WITH THE PLANNING BOARD. I SAYS, I HAVE A WONDERFUL PLAN, AND WE SUBMITTED IT, UM, WITH MIXED RESULTS. UM, I, I THINK, I THINK THE, I, THE NEGATIVITY, WHICH WITH WHICH WAS RECEIVED, IT HAS TO DO WITH THE FACT THAT THERE IS NO DESIRE FOR A HOUSE BY THE NEIGHBORS. AND I FEEL THAT WAY STILL. BUT ANYWAY, MY JOB IS TO MAKE THINGS AS BEST AS I CAN. I JUST WANNA NOTE HERE, UH, WE DID RECEIVE COMMENTS FROM THE GREENVILLE FIRE DISTRICT REGARDING THIS PROPOSAL, AND THEY WERE AGAINST ADDING ANOTHER HOME TO THE SHARED DRIVEWAY, CITED CONCERNS ABOUT ITS NARROWNESS AND, UH, INABILITY TO CONTROL IF VEHICLES WERE PARKED IN THE DRIVEWAY, IF THEY HAD TO ACCESS THE HOUSE IN THE EVENT OF AN EMERGENCY. I, I I, IS IT PART OF HIS PACKAGE OR NO, IT'S IN THE LAMPS. IS IN THE, YEAH, IT'S, I THINK THAT CASE CAN BE SAID ABOUT MANY HOUSES THAT HAVE SHARED DRIVEWAYS. SO I, I THINK IF THAT BECOMES A, UH, AN, AN APPLIED RULE, UH, IN TOWN, I THINK THERE IS A LOT OF CASES IN THE FUTURE THAT WOULD, WOULD QUOTE THAT COMMENT AND WOULD MAKE, UH, THE TOWN LIABLE FOR ALL KINDS OF THINGS. SO I, I DON'T THINK THAT WOULD BE A WISE DECISION FOR THE BOARD TO FOLLOW. BUT THAT'S NOT FOR ME TO SAY, THAT'S FOR COUNSEL TO ADVISE THE BOARD. I DON'T THINK THAT IS A WISE, UH, STATEMENT OF AT ALL. I READ ALL THE COMMENTS. I READ THE, THE LEGAL WANNABES, UM, THAT EASEMENT WAS GRANTED TO THAT PARCEL OF LAND. THAT PARCEL OF LAND WAS, UH, IN, IS IN EXISTENCE AS IS. AND I THINK ANY COURT OF LAW WILL RECOGNIZE THAT STILL. I, I'M NOT HERE AS AN ATTORNEY. I DON'T, I DON'T CARE TO, UH, I KNOW YOU HAVE A DIFFICULT JOB. I'M JUST GIVING YOU MY PRESENTATION, MY VALUE JUDGMENT AS HOW I SEE IT, AS HOW I WOULD DEVELOP IT, AS I WOULD ADVISE THE CLIENT. YOU HAVE, YOU HAVE ONLY TO EITHER SEND ME ON MY WAY TO THE ZONING BOARD OF APPEALS WITH A POSITIVE RECOMMENDATION OR A RECOMMENDATION. UM, I, I THINK THAT'S, THAT'S WHAT I AM SEEKING HERE BY THIS APPLICATION. UM, UH, AND THEN OF COURSE, THE FOURTH, UH, OPTION BECAUSE IT, IT ALWAYS, YOU KNOW, IN CASES LIKE THIS WHERE THE, UM, THE STATUS QUO WINS, UM, SOMETIMES WE CAN'T EVEN SEE WHAT COULD HAPPEN IN THIS OVERSIZED PARCEL. AND WE'RE WORRIED ABOUT, WE'RE WORRIED ABOUT THE DOG THAT THE NEIGHBORS HAS, AND IT'S BARKING, AND YET ALL OF A SUDDEN SOMEBODY ELSE MOVES NEXT DOOR WITH FIVE DOGS. THIS IS THE FIVE DOGS. THIS IS THE POSSIBLE, AS OF RIGHT DEVELOPMENT OF THAT PARCEL OF LAND. THIS IS A VERY DESIRABLE PLACE. THIS IS A PLACE THAT WILL SELL BECAUSE IT'S AN OVERSIZED LOT. AND THE ONLY REASON WHY IT WILL SELL AS AN OVER A SIZED LOT IS BECAUSE SOMEONE IS GOING TO WANT TO HAVE A MUCH LARGER LOT, A HOUSE, OR A MUCH LARGER, UH, UH, POOL. IT'S GONNA BE DEFINITELY DEVELOPED. THIS, THEY, THEY, THEY, SOMEONE'S GONNA MAKE A LOT OF MONEY HERE. AND THE AMOUNT OF, AS OF RIGHT DESTRUCTION, EXCAVATION, EROSION, MOVEMENT OF LAND CUTTING, OF ADDITIONAL PAVEMENT, YOU NAME IT, IS NOW LESS CONTROLLABLE. WE ONLY NEED TO DEAL WITH THE BUILDING DEPARTMENT. WE DON'T HAVE TO COME, I DON'T THINK, UNLESS IT'S A STEEP SLOPE, WE, YEAH, WE, WE MIGHT BE ABLE TO HAVE TO BECAUSE IT'S A STEEP SLOPE. UH, AND YET, UH, IT IS NOT A, IT'S NOT A STOPPABLE ACTION. EVENTUALLY THE BOARD WILL GIVE, GIVE US THE LIMITS OF WHAT I CAN DO, BUT I CAN BUILD A POOL AND I CAN BUILD IT TO THE MAXIMUM COVERAGE, AND I CAN CUT THE TREES AS LONG AS I SUBSTITUTE THEM WITH THE RIGHT SPECIES. AND, AND, AND SO WHAT I'M TRYING TO TELL THE BOARD IS THAT THE, THE, THE, UH, THE DEVELOPMENT, UH, IT'S ANOTHER COMPLAINT, OF COURSE, THE VISUAL CORRIDOR, WHICH I WAS TRYING TO PROTECT WITH OPTION THREE WOULD NOW WOULD BE LOST BECAUSE NOW I COULD REALLY CUT ANY TREE I WANT AND I COULD DO ANY FILLING I WANT, JUST SO I CAN PUT THAT POOL IN THERE AND CREATE A PLATEAU SUBJECT TO THE TREE ORDINANCE AND OBTAINING A TREE REMOVAL PERMIT AND REPLACEMENT REQUIREMENTS. I, I, I THINK, UH, IF YOU DON'T MIND, BUT, BUT POINT IS WE'RE DONE. WE CAN GIVE YOU A COMMENT BACK. WELL, I, I'LL FINISH. I JUST, I JUST WANT YOU TO SEE, SEE IT DRAMATICALLY, LIKE I SEE IT, THE, THE, THE ACTION CAN HAPPEN. I CAN DO AN ADDITION TO THE HOUSE. I CAN DO AN ADDITION OF A POOL. SO THE, THE FACT THAT PEOPLE ARE HERE BECAUSE THERE'S SOMETHING GOING TO GO ON THERE, I WANT TO MAKE SURE THAT THEY UNDERSTAND THAT YEAH, SOMETHING WILL GO ON AND IT MAY NOT BE A NEW HOUSE. UM, AND I'M PROMISING NOT TO PUT A CURB. BUT AGAIN, THEY DON'T WANT THAT. THEY DON'T, THEY JUST DON'T WANT THE HOUSE. AND THAT'S, THAT'S, I THINK WE, I THINK WE GET THE POINT. OKAY. VERY GOOD. ALRIGHT, SO, UM, I'M CORRECT. YOU HAVE A QUESTION? YOU HAVE A QUESTION? UH, WELL, I HAVE A COMMENT, [00:25:01] SIR, AND SOME QUESTIONS. UH, I THINK AMELIA, AS ALWAYS, YOU REALLY MAKE A GOOD CASE FOR, UH, BUT WHAT I DON'T LIKE IS END OF THE VOICE THAT YOU KIND OF THREATENING THAT WE GO, I'M GOING TO DO IT AS OF RIGHT. WHAT I LIKE TO DO IT, WHICH IS FINE. GO AHEAD AND DO IT. NO, NO. I MEAN, THE ALTERNATIVE COULD BE, COULD HAPPEN. UNDERSTAND, THAT'S WHAT I'M SAYING. UNDERSTAND. I UNDERSTAND. BUT YOU KIND OF ARE A LITTLE STRONG ON THAT. THE REASON YOU CAME HERE, AS I UNDERSTAND, IS THAT YOU WANTED TO HAVE A, UH, IT KIND OF, UH, BEFORE THE ZONING BOARDS GIVE YOU, UH, PO GIVE YOU A VARIANCE ON, YOU HAVE SEVEN VARIANCES THAT ARE LISTED HERE. UH, AND I SEE THERE ARE, THERE ARE NOT ONLY JUST A, UH, DRIVEWAY, BUT UH, ALSO THE SIZE OF THE HOUSE AND THE SETBACKS AND UH, AND AND, AND ALL OTHER THINGS THAT ARE REQUIRED TO BE, UH, BY THE CODE. UM, SO MY POINT IS THAT I THINK WHY, AND, AND THAT'S MATT, WHY WE ARE ENTERTAINING THIS THING IS BECAUSE IT'S ESSENTIALLY A ZONING ISSUE. AND I DON'T SEE ANYTHING THAT WHAT YOU'RE PROPOSING GOING TO ENHANCE, UH, THE, THE NEIGHBORHOOD. WELL, SO THERE BEFORE THAT, AND I THINK, LET ME FINISH, AND, AND I THINK THERE IS A, UH, UH, WHAT YOU'RE DOING IS THAT YOU REALLY ARE TRYING TO FIT IN, UH, SOMETHING THAT IS REALLY NOT ORGANIC TO THE SITE. IT'S A VERY STEEP SITE. IT IS THE REASON IT WAS NOT DEVELOPED FOR ALL THESE YEARS BECAUSE THE HOUSE NEXT DOOR WAS BUILT LONG TIME AGO. UH, ANYWAY, AND IT'S A PUKE, IT IS VERY NICE NEIGHBORHOOD, HAS A REALLY PRISTINE ARCHITECTURE. SO I WOULD RECOMMEND THAT YOU GO BACK AND, AND, AND SEE WHETHER, UH, WHAT OTHER THINGS YOU WOULD LIKE TO DO WITH IT, BECAUSE I'M NOT CONVINCED WITH ALL YOUR, UH, UH, KIND OF, UH, UH, ARGUMENTS ABOUT WHY WE SHOULD REALLY LOOK AT IT TO DEVELOPED IT. SO, UH, AND, AND YOU REALLY ARE BUTCHERING THE WHOLE SITE, AND, AND IT'S REALLY MAKING IT THINGS THAT IT DOESN'T, I LEAST IN MY OPINION, DOESN'T FIT THERE. OKAY. THE, UH, THE HOMEOWNER WANTS TO SPEAK ON ZOOM. THANKS. MY NAME IS MICHAEL. I'M, I'M ONE OF THE OWNERS OF THE PROPERTY THERE. AND THANK YOU FOR, FOR REVISITING OUR PROPOSAL. SO WE'VE, AS, AS YOU HEARD FROM EMILIO, UH, WE HAVE BROUGHT THIS BEFORE THE BOARD A WHILE AGO. AND, UH, I THINK MAYBE WHAT DIDN'T COME OUT AS CLEAR IN THE PRESENTATION AS IT COULD BE, AND, AND THEN EMILIO WILL COMMENT ON THIS, I'M SURE, IS THAT WE WENT BACK AND, AND PRETTY MUCH INCORPORATED ALL THE RECOMMENDATIONS THAT WERE GIVEN LAST TIME, THE LETTERS, AS WELL AS THE RECOMMENDATIONS FROM THE BOARD, UM, TO WHAT, WHAT WE COULD DO THAT IT WOULD BE, YOU KNOW, UH, MORE ATTRACTIVE. AND WE'VE DONE ALL OF THAT. SO WE'VE LOOKED AT ALTERNATIVE WAYS OF ACCESS. SO NOT TO USE THE EASEMENT, BUT AN ALTERNATE ACCESS TO THEIR HOME. UM, I THINK AS IMMEDIATE POINTED OUT, YES, IT IS A VERY NICE NEIGHBORHOOD, HOWEVER, THIS IS THE ONLY, UH, UH, A PIECE OF LAND THAT IT IS THAT LARGE, MUCH, MUCH LARGER THAN EVERYTHING ELSE AROUND. UM, AND, UM, A HOME I THINK WOULD FIT VERY WELL. DEVELOPMENT WOULD FIT VERY WELL INTO THAT LOCATION. UM, OBVIOUSLY WOULD BE DECIDED IN A WAY SO THAT IT FITS IN ARCHITECTURALLY, ET CETERA, INTO THIS NEIGHBORHOOD. UM, AND, UH, I JUST AGAIN, WANT EMPHASIZE THAT THIS RENEWED PROPOSAL, THE MEDIA, PLEASE, YOU KNOW, MAYBE YOU CAN SPEAK TO THAT, BUT IT INCORPORATES ALL OF THE RECOMMENDATIONS THAT WERE GIVEN LAST TIME, AND THEN IT TOOK SOME MONTHS TO FIGURE THIS OUT TO GET IT RIGHT. SO I JUST WANT TO URGE YOU TO LOOK AT THIS CAREFULLY SO WE'RE NOT GOING IN CIRCLES. UM, WE REALLY TRY TO DO OUR BEST. I I THINK THAT DEVELOPMENT FOR THE TOWN OF GREENBURG IS A GOOD THING. UM, UM, YOU KNOW, NEW GOOD, QUITE QUALITY HOMES IN A, IN A, IN A NICE SETTING OR A GREAT THING. WE DID LOOK AT ALTERNATIVE, AS I SAID, WE LOOKED AT ALTERNATIVES IN TERMS OF ACCESS, BECAUSE LAST TIME THE CONCERN WAS, WELL, WE KNOW USING THE ALREADY, UM, EXISTING VARIETY THAT HAS THE EXISTING EASEMENT THAT WE HAVE IS ONE OPTION. BUT WE LOOKED AT ALTERNATIVES AND THEY'RE SHOWN. UM, AND, AND AGAIN, I WOULD JUST, UH, URGE YOU TO PLEASE LOOK AT THIS CAREFULLY. WE DID TAKE INTO ACCOUNT ALL THE COMMENTS THAT WE MADE LAST TIME. UM, AND I THINK, YOU KNOW, GIVEN THE FACT THAT THAT, UM, THIS IS SOMEWHAT UNIQUE, UM, A MUCH LARGER LOT THAT DOESN'T OTHERWISE EXIST IN THIS NEIGHBORHOOD, IT'S IN NO WAY CHANGING THE CHARACTER OF THE NEIGHBORHOOD. UH, IT'S SOMETHING THAT I WOULD ASK YOU TO, UH, TO TAKE INTO CONSIDERATION. THANK YOU. UH, EMILIO, COULD YOU TELL WHAT CHANGES [00:30:01] WERE MADE, UM, THAT YOUR CLIENT REFERRED TO? WELL, SINCE THE LAST APPLICATION, THE, JUST BE BRIEF, PLEASE. IN ESSENCE, THE, THE CHANGE WAS DRAMATIC BECAUSE THE ACCESS FROM THE MAIN ROAD, IT WAS ELIMINATED. SO IT WOULD BE ABSOLUTELY NO TRAFFIC CAUSED BY THE CONSTRUCTION OF THIS STRUCTURE. ZERO. THERE WOULD ALSO BE A BAND. W WHAT, WHAT ACCESS FROM WHICH MAIN ROAD WAS ELIMINATED? WELL, LOOK AT THE SITE. JUST TELL ME THE ROAD, OKAY, I WILL. AND I DON'T REMEMBER THE NAME. YOU HAVE CUTS WOOL WAY. YEAH. AND YOU HAVE KEMPSTER ROAD, RIGHT? KEMPSTER ROAD I WOULD SAY IS A LITTLE BUSIER IN MY OPINION, BUT YOU'RE PROPOSING AN ACCESS A DRIVEWAY NOW FROM, FROM COSAL WAY, ALTERNATIVE ONE AND IS AN ACCESS FROM COSAL. THAT WAS THE FIRST SUBMISSION THAT WAS PRESENTED AS OF RIGHT ENTRANCE FROM THE RIGHT OF WAY. WE THEN HAD A SECOND ALTERNATIVE, WHICH IS TO NOT ENTER FROM POT, BUT TO ENTER FROM SHED WORTH. WE'RE NOT ENTERING FROM EITHER, WE'RE ENTERING FROM THE EXISTING RIGHT OF WAY THAT FEEDS THE HOUSE. THAT'S FROM SHED WORTH THIS SIDE. YEAH. THAT'S SHED WORTH, RIGHT? IT'S AN EXISTING CURB, WHATEVER, WHEREVER IT'S COMING FROM. IT'S AN EXISTING CURB. OKAY. SO YOU'RE PROPOSING TO USE THAT, OKAY. NOT TO A DRIVEWAY FROM COX ROAD WAY. CORRECT? CORRECT. AND THAT'S THE BIGGEST, I THOUGHT THAT WAS THE ORIGINAL PLAN. NO, NO, THAT WAS THE SECONDARY PLAN ALL. SO MY MEMORY FAILS ME. OKAY. DID WE RECEIVE, OKAY. WHAT, WHAT OTHER CHANGES DID YOU MAKE? WELL, THAT, THAT CHANGE PROTECTS ALL THESE TREES. I KNOW, BUT WHAT OTHER CHANGES DID YOU MAKE FROM THE ORIGINAL PLANT? THESE ARE CHANGES. THE CHANGES ARE THAT WE'RE NOT CUTTING THESE TREES. OKAY, I GOT IT. WE'RE, WE'RE, WE'RE, WE'RE PLOTTING. WE'RE NOT, WE'RE NOT, UH, PAVING, UH, THIS WHOLE CAUSEWAY, WE'RE ONLY ADDING 45 FEET. NO, WE UNDERSTAND THAT. BUT, BUT THESE ARE THE CHANGES, . ALRIGHT. ANY OTHERS? CONSTRUCTION. ANY OTHERS IS IN LESS STEEP SLOPE? ANY OTHERS BESIDES THE TREES AND THE LESS STEEP SLOPE? ANY LESS? ANY OTHERS? THIS IS THE IMPACT. OKAY. IF WE'RE TALKING ABOUT THE IMPACT THAT THEY IDENTIFY AFTER OUR FIRST SUBMISSION, ALRIGHT, WE WORKED ON THAT FEVEROUSLY. SO I, HOW DO WE ELIMINATE THAT? I HAVE A NUMBER OF QUESTIONS MYSELF. OKAY. WE'RE STILL, WE'RE STILL BUILDING THE HOUSE, SO THAT, THAT IS, BUT IT'S A SMALLER HOUSE. OKAY. AND IT'S A MUCH MORE COMPACT. I HAVE A NUMBER OF QUESTIONS. UM, ONE OF THE VARIANCES YOU'RE ASKING FOR IS, IS TO BUILD A HOUSE OF 26 80 SQUARE FEET WHERE 25 90 IS PERMITTED? NO, NO, NO, NO. WE'RE NOT SINCE MAXIMUM FLOOR AREA LOT A FROM 25 90 PERMITTED THAT WAS, WE ARE NOT ASKING TO OVERBUILD FROM WHAT WE ARE ALLOWED TO BUILD. THAT'S AN ERROR. WE ARE ONLY, OKAY, I UNDERSTAND. THAT'S AN ERROR. THAT'LL BE CORRECT. AND I'M JUST READING, I'M GONNA REREAD THAT. BUT, UH, THE, THE NUMBERS THAT WERE PUT TOGETHER WERE, WERE THE MAXIMUMS THAT THE FAR ALLOWS US AFTER A SLEEP, SLEEP SLOPE ANALYSIS. ALRIGHT. UM, NEXT QUESTION IS, UM, THIS, UM, THAT DRIVEWAY, THAT RIGHT OF WAY THAT YOU'RE TALKING ABOUT ALREADY SERVICES THREE HOUSES. THIS WOULD BE THE FOURTH HOUSE AT THE END. UM, HAVE YOU SPOKEN TO DO, DO YOU KNOW WHAT THE TRAFFIC IS ON THAT DRIVEWAY? WHICH IS BASICALLY ONE LANE, IT'S 10 FEET WIDE. UH, I WILL VERIFY THAT IT IS THREE HOUSES. AND I DON'T KNOW, I SAYING I DON'T HAVE A TRAFFIC COUNT TO VERIFY THAT I DON'T HAVE A TRAFFIC COUNT. NO, I DO NOT. UM, AGAIN, THIS IS AN ALTERNATIVE. I HAVE THE RIGHT TO ENTER FROM TSAL. I, I DON'T WANNA CREATE AN ISSUE WITH ANY OF MY NEIGHBORS. I SIMPLY WANT TO SATISFY AS MANY PEOPLE AS I NEED TO. ALL RIGHT. BUT IN ORDER TO GET MY PROJECT APPROVED, OKAY, LET ME, LET ME JUST REGISTER MY CONCERN. YES, IT'S A ONE LANE ROAD. IT'S PROBABLY A HUNDRED YARDS LONG AND, UM, I DON'T KNOW WHAT THE CONGESTION CURRENTLY IS AND I DON'T KNOW HOW IT'LL BE INCREASED IF YOU ADD YET ANOTHER HOUSE TO THE END OF THAT ROAD. THAT'S IT. MY FINAL QUESTION IS THIS, UM, WHEN WAS THE AREA UP ZONED TO, UM, ARCHER? THAT I CAN'T TELL YOU THAT I WOULD HAVE TO RESEARCH? I DON'T, I THINK YOU SHOULD FIND OUT. I, THERE WERE TWO QUESTIONS. WHEN WAS IT UP ZONED AND WHY, WHY IS GONNA BE A LITTLE MORE DIFFICULT, NOT IMPOSSIBLE TO DETERMINE WHY I UNDERSTAND THAT, BUT THAT'S AN OPEN QUESTION, WHICH MAYBE YOU CAN ADDRESS NEXT TIME. UM, [00:35:02] ANYBODY ELSE HAVE QUESTIONS? I I CAN ALSO ANSWER A LITTLE BIT OF CONCERN. WELL, HANG ON, HANG ON, KURT. NO, I'M SORRY. I, I I WANT GET EVERYTHING OUT. I WANT EVERYBODY TO FULLY UNDERSTAND THIS. THE REASON WHY I RESEARCHED THIS, I WENT THROUGH THE ENTIRE AREA. I ONLY CHOSE THE CLOSEST, SORRY, THE CLOSEST, UH, LOTS TO IN MY PARCEL. AND YOU, AS YOU CAN SEE, ALL THESE GREEN LOTS ARE WAY SMALLER THAN WHAT WE'RE PROPOSING. SMALLER, NOT THE SAME SIZE, SMALLER. AND THEY'RE BOTH IN R 15 AND R 20, BUT MOSTLY ARE IN R 20, WHICH IS WHAT WE ARE ASKING TO BE. SO, AND WE WILL BE BIGGER ONCE SEPARATED. WE ARE STILL BIGGER THAN ALL OF THESE IN GREEN, WHICH ARE OUR IMMEDIATE NEIGHBORS. AND I, I, I CAN GO AND, AND AND GIVE YOU MORE GREEN STUFF ALL AROUND. SO I THINK IT'S SO, IT'S SO COMPELLING FOR A BOARD TO ANALYZE A PROJECT FROM THAT PERSPECTIVE. AM I ASKING TO BE THE ODD BALL OUT? AM I ASKING FOR SPECIAL CONSIDERATIONS OR AM I, AM I BEING, UH, FAIR TO EVERYONE AND SAYS, WELL, I JUST WANT TO BE LIKE YOU NO DIFFERENT. WE, WE UNDERSTAND. AND YOU MADE THAT POINT VERY ELEGANT. I WANNA MAKE SURE YOU HEAR YOU, YOU HEAR TWICE. WE, WE HEARD IT. WE'RE WE'RE GOOD LISTENERS, KARA, THE, WHAT IS IT? UH, DO YOU, YOU HAVE TO WORK WITH THAT FIRE DEPARTMENT BECAUSE THEY SAID THEY DO NOT APPROVE WHAT YOU'RE PROPOSING. SO LISTEN, YOU DON'T HAVE TO TELL ME. I'M NOT SAYING ANYTHING. ALL I'M SAYING IS IF THAT BECOMES ON A RECORD, THEN A LOT OF FIRES THAT CAN HAPPEN FROM ROADS THAT ARE FEEDING THREE OR TWO HOUSES WILL BECOME ALSO ILLEGAL IN THE TOWN. I'M SAYING THAT BECAUSE I DON'T THINK THAT'S A FAIR JUDGMENT OF WHETHER THIS SHOULD BE DEVELOPED. I DON'T WANNA BE DEVELOP IT THIS WAY. I WANNA DEVELOP IT WITH A REGULAR CURB CUT. SO THE FIRE MARSHAL IS TELLING ME GO THE OTHER WAY. OKAY, SO I GO THE OTHER WAY. SO YOU JUDGE ME WITH THAT FIRST APPLICATION. I'M NOT INSISTING ON ANYTHING. I'M JUST GIVING THE BOARD OPTIONS. AMELIA, WE ARE JUST COMMENTING ON WHAT IS I HEARD THAT YOUR CLIENT SAID IS I HEARD, I HEARD THAT COMMENT AND I HAVE, I GIVE YOU MY OPINION. SO PLEASE, PLEASE FOCUS ON TO THAT. AND YOU COME BACK WITH WHATEVER IT IS YOU WANT TO DO IT AND WE'LL TALK ABOUT IT. I, I, I WANT YOU TO HAVE THAT RIGHT? I WANT YOU TO TELL ME, THE BOARD FEELS THAT THIS APPLICATION IS THE BEST. IF YOU DON'T WANNA MAKE THAT, IF YOU DON'T WANNA MAKE THAT OPTION, I WILL MAKE IT. THAT'S NOT A PROBLEM. I, I WANT THE BOARD TO BE, TO BE TOTALLY IN POWER OF THIS DECISION. ALRIGHT, ANY OTHER BOARD MEMBERS HAVE ANY QUESTIONS OR COMMENTS? I THINK I HAVE A QUESTION. MICHELLE, CAN YOU IGNORE WHAT THE FIRE DEPARTMENT IS? YEAH, IT'S A RECOMMENDATION. YOU DON'T HAVE TO TAKE IT, BUT IT'S, YOU KNOW, IT'S A CITY. YEAH. IT'S, IT'S A RECOMMEND, IT'S A RECOMMENDATION, UM, FROM THE FIRE DISTRICT AND YOU KNOW, THE BOARD SHOULD CONSIDER WHAT THEY SAY, BUT ULTIMATELY IT IS IN THE BOARD'S POWER TO MAKE ITS OWN DECISIONS. I WOULD SAY THE BOARD GENERALLY STRONGLY CONSIDERS RECOMMENDATIONS FROM THE FIRE DEPARTMENT. 'CAUSE IT'S, IT'S A, UH, ED DO YOU HAVE ANY COMMENTS OR QUESTIONS? CAN I ASK A QUESTION? CAN I ASK, HOW DID IT, HOW DID IT COME TO PASS THAT? UM, THIS WAS A, A TWO SEPARATE TAX LOSS ON HIS PROPERTY. SO THE ENTIRE AREA, THE, UH, WAS SUBDIVIDED BY A LARGE DEVELOPER IN, I DON'T REMEMBER EXACTLY WHEN, BUT IT WAS AROUND LIKE THE THIRTIES OR SO, AND A LOT OF THE HOMES WERE BUILT UP, BUT, UH, THIS PARTICULAR LOT WAS NOT, THE HOUSE AT SIX COTSWOLD WAS BUILT AND IMPROVEMENTS WERE CONSTRUCTED THAT, UH, CROSSED THE PROPERTY LINE, THE TAX T LINE. AND SO THEY BECAME MERGED, UH, FOR ZONING PURPOSES. WHAT WAS CROSSED? A PATIO. A PATIO, OKAY. A PATIO. OH, SO THE, THE CROSS LOT USAGE, UH, NECESSITATED THAT THE LOTS BE MERGED FOR ZONING PURPOSES TO BE ZONING COMPLIANT. UH, SO IN ORDER TO SPLIT THEM, THEY NEED TO APPLY TO THE PLANNING BOARD FOR A SUBDIVISION APPLICATION AND OBTAIN, UH, THE NECESSARY VARIANCES FOR THE LOT AREA AND, UH, OTHER, UH, VARIANCES LISTED. SO IT WAS, UH, EXCUSE ME, BUT IT, SO THIS, UH, ORIGINALLY IT WAS TWO LOTS, YES. WAS COMBINED, MADE IT ONE LOT NO, IT, IT WAS, UH, MERGED TO MAKE IT ZONING COMPLIANT UNDER, UH, COMMON LAW. IT WASN'T, THERE WAS NO FORMAL SUBDIVISION APPLICATION. UM, IT WAS, UH, MERGED UNDER, MOST OWNERS HAVE NO IDEA THAT THAT CAN HAPPEN. LET ME JUST, JUST, YEAH, SO, SO IT WAS, IT WAS DONE AS ONE LOT. SO WHEN, SO NOW WHAT IF IT WAS NOT OFFICIALLY COMBINED? [00:40:01] SO THEN IT REMAINS, SO IT, IT'S CURRENTLY TWO TAX SLOTS ON THE TAX ROLLS, BUT IT IS CONSIDERED ONE BUILDING LOT. YEAH, I MEAN THAT'S, I HAD THE SAME TEAM. I HAVE A TWO TEXT LOT, SO, UM, ANY OTHER COMMENTS OR QUESTIONS? OKAY. UM, MARIE, CAN I, CAN I MAYBE MAKE ONE, ONE MORE COMMENT PLEASE. THAT'D BE GREAT. THANK YOU. SURE. UM, WHAT WE ARE ALSO LOOKING HERE AT THE BOARD IS TO TELL US, SO THAT'S WHY WE CREATED THESE MULTIPLE OPTIONS. SO IF YOU HAVE A PREFERENCE ON, YOU KNOW, THE ACCESS WITH RESPECT TO THE FIRE, UM, DEPARTMENT, ET CETERA, WE, WE ARE READY TO MOVE FORWARD WITH ANY OF THESE OPTIONS. UM, AND THAT'S WHY WE CREATED THESE MULTIPLE OPTIONS. UH, THE SECOND POINT I WANTED TO MAKE IS YES, ON, ON, ON THE COMMON LAW JOINING OF THESE TWO LOTS WHEN WE PURCHASED THIS, WE DID NOT KNOW THIS. WE ACTUALLY ALWAYS ASSUMED BECAUSE THEY'RE TWO SEPARATE TAX IDS, THAT THESE ARE TWO SEPARATE LOTS. AND, UM, AS EMILIO SAID, I THINK FOR MOST PEOPLE IN THIS BUSINESS, WE, WE DID NOT UNDERSTAND THAT HISTORICALLY, UH, THROUGH, YOU KNOW, BASICALLY JUST, JUST A COMMON LAW APPROACH. THESE ARE CONSIDERED MERGED. ALTHOUGH THERE IS REALLY NO NO LEGAL DOCUMENT TO SHOW THAT THESE LOTS ARE, ARE, ARE, ARE MERGED. THEY ARE, YOU KNOW, ON, IN THE BOOKS, ON THE TEXT, IN THE TEXT ID AND SO FORTH. TRULY TWO INDEPENDENT, INDEPENDENT ONES. THOSE ARE JUST THE TWO COMMENTS I WANT TO MAKE. AND AGAIN, IF YOU HAVE GUIDANCE ON WHAT YOUR PREFERRED OPTION IS, UH, WE WOULD BE THRILLED TO, TO HAVE IT BECAUSE THAT'S WHAT WE WOULD THEN SUBMIT TO YOU OR, OR, OR TRY TO MOVE FORWARD WITH. WE, WE, AS THE OWNERS ARE VERY OPEN TO WHATEVER ACCESS, UH, YOU PREFER TO THAT, TO THAT LOT FOR THAT NEW HOME. I'M SORRY FOR THE QUESTION, BUT WHICH OF THESE OPTIONS HAS THE ACCESS, UM, THAT THE FIRE DEPARTMENT WOULD PREFER OFF OF? UH, SALWAY. YEAH. YEAH, BUT I'M LOOKING 1, 2, 3 IN THE SUBMISSION SUBMITTED DOCUMENT. I DON'T KNOW, CAN YOU TURN IT AROUND AND SHOW ME? SO THE, THE FIRST ONE HERE, LET ME SHARE, THEY CAN PUT IT UP ON, ON THE THINGS. YEAH. MATT, IF YOU CAN PUT IT UP SO THAT, UM, AMELIA, IF, IF A DRIVEWAY IS BUILT AND A CURB CUT TO COTSWOLD WAY, HOW STEEP IS THAT DRIVEWAY? WE, WE CAN CONTROL THAT AT WILL. I, I THINK AS DRAWN, UM, NO MORE THAN 10%, MAYBE EVEN FLATTER BECAUSE WE, WE HIT THE ROAD QUITE HIGH. I WOULD SAY BETWEEN BETWEEN SEVEN AND 10. MAX. MAX WHAT? PERMITTED BY CODE OH CODES ALLOWS YOU UP TO 15. OKAY. AND THE SITE LINE, I MEAN, IF YOU'RE COMING OUT THE DRIVEWAY ONTO COWA WAY, WHAT ARE THE SIGHT LINES? LIKE? IT'S, IT'S TO THE CENTER LINE. I BELIEVE IT'S A HUNDRED FEET. NO, THE SIGHT LINE. YEAH, THE SITE DISTANCE. SITE DISTANCE. OH, IT'S A HUNDRED FEET. YEAH. OKAY. AND THE, AND THE ORIGINAL CONCERN FROM THE NEIGHBORHOOD WAS THAT THIS WAY IS LESS SAFE FOR PEDESTRIANS? NO, NO. THE MAJOR CONCERN WAS ACTUALLY THE SHARED DRIVEWAY. I THINK PEOPLE THAT, THAT SORT OF, THAT CONCERN, UM, TO NOT USE THE SHARED DRIVEWAY, BUT TO THINK ABOUT AN ALTERNATIVE. AND THAT'S WHY WE THOUGHT THE OTHER OPTION, WHICH WOULD BE THE DIRECT ACCESS THAT WERE JUST TALKING ABOUT. I THINK THERE WERE ALSO CONCERNS ABOUT, UH, ADDING ANOTHER DRIVEWAY TO COTSWOLD WAY, UH, WHICH IS USED BY, UH, PEDESTRIAN WHO IS PEDESTRIAN CHILDREN'S TRAFFIC AND ALL OF THAT. WHICH IS, IS THERE A SIDEWALK ON COSAL WAY? THERE ISN'T ON EITHER SIDE. UH, ON EITHER SIDE. OKAY. I, I CAN TELL YOU 'CAUSE I SEE, I KNOW THE AREA. SO PEOPLE ALWAYS WALK ON THE OTHER SIDE BECAUSE THERE, IT'S A LITTLE STEEPER, SO THEY ALWAYS WALK ON THE SOUTH OR IF YOU, AS IT SHOWED YOU ON THE OTHER SIDE OF THE STREET, THERE'S A LITTLE MORE GREEN SPACE WHERE PEOPLE CAN WALK. SO THAT'S WHERE THE PEOPLE, ALL THE PEOPLE WALK REALLY ON THAT STREET. OKAY. BUT JUST TO SUMMARIZE, OPTION ONE MAKES THE FIRE DEPARTMENT HAPPY, BUT THE NEIGHBORHOOD NOT HAPPY. UH, THE LETTERS THAT WE HAVE RECEIVED FROM THE NEIGHBORHOOD ARE OPPOSED TO ANY HOUSE BEING BUILT. UM, THE FIRE DISTRICT, UH, WAS NOT IN FAVOR OF UTILIZING THE SHARED DRIVEWAY FOR ANOTHER HOME, FOR A FOURTH HOME. UH, IF A HOME WERE TO BE BUILT THERE, I BELIEVE THAT THEY WOULD BE MORE IN FAVOR OF THIS OPTION WITH THE DRIVEWAY FROM COSAL. BUT I DON'T WANT TO SPEAK FOR THEM. WHAT IS THE THIRD OPTION? THE THIRD OPTION WAS MORE REPRESENTATIVE OF, UH, IF, UH, THE ZONING BOARD DENIED THE VARIANCES, UH, THEN THIS IS AN OPTION THAT COULD BE BUILT WITHOUT ANY VARIANCES, BUT WOULD INVOLVE A SIMILAR OR GREATER AMOUNT OF STEEP SLOPE. A SWIMMING POOL, DISTURBANCES POOL AND TREE REMOVALS TO BUILDING A HOUSE. ALRIGHT. ALSO, THEY, THEY'RE PUTTING SWIMMING POOL INSTEAD OF HOUSE. WELL, THEY'RE NOT PROPOSING TO DO IT. THEY'RE JUST SAYING IT'S POSSIBLE. IT'S A, IT'S DEMONSTRATIVE OF WHAT COULD THEORETICALLY, BUT [00:45:01] THAT'S NOT AN OPTION. WELL, NO, IT IS. IF A BUYER, IF A BUYER BUYS THIS AND DECIDES TO UPGRADE THE HOUSE AS ALL THE BUILDERS DO, THEY LOOK AT THIS AS A PERFECT PURCHASE TO, ALRIGHT, WE'LL, UH, WE'LL, WE'LL RE RE REDO THE KITCHEN. THE BATHROOMS WE'LL ADD HERE. WE'LL ADD A BATHROOM, WE'LL ADD, AND NOW WE'RE GONNA PUT A POOL IN A POOL HOUSE. OKAY. AND IT'S A PERFECT SCENARIO FOR IT. JUST, JUST WANT TO CLARIFY, UNDERSTAND MYSELF. SO THIS IS ACTUALLY A ADDITION TO THE EXISTING HOUSE? YES. THIS WOULD BE ADDITION? NO, NO HOUSE. OKAY. SO THIS IS, THERE'S ONLY ACTUALLY TWO OPTIONS IN TERMS OF ACCESS TO THE HOUSE, CORRECT? THE SHARED DRIVEWAY. LET'S SAY THREE. YEAH. OKAY. THE SHARED OR THE THINGS. OKAY. OKAY. UM, LET'S WRAP THIS UP. I, I DON'T THINK, I DON'T THINK WE'RE IN A POSITION TODAY TO EXPRESS OUR PREFERENCE AS TO WHICH DRIVEWAY TO USE. OKAY. OKAY. UM, I'D LIKE TO THINK ABOUT IT. PROBABLY YOU ALL WOULD TOO, BUT I'D LIKE, I'D LIKE, UH, TO CALL FOR A MOTION TO DECLARE OURSELVES, DECLARE INTENT, INTENT, DECLARE INTENT TO BE LEAD AGENCY. MOVED. I THINK, ISN'T IT THAT IT'S, IT'S A VERY MUCH A ZONING BASED ISSUE OTHER THAN A PLANNING ISSUE. SO LET THE, LET THE ZONING BOARD DECIDE WHETHER THEY WANT TO BE LEAD AGENCY. UH, TYPICALLY FOR MATTERS OF SUBDIVISION AND, UH, STEEP SLOPES. THE PLANNING BOARD SERVES AS LEAD AGENCY. 'CAUSE THOSE ARE PHYSICAL ENVIRONMENTAL CONCERNS. OKAY. BUT THE PROJECT IS DRIVEN BY MOSTLY IF THE ZONING BOARDS, I MEAN, YEAH, IF THE ZONING BOARD DENIES IT, THEN IT'S A MUTE. BUT, UH, THE PLANNING BOARD DOES HAVE THE REFERENCE A LOT OF THE ENVIRONMENTAL. OKAY. SO I BELIEVE, UH, COULD WE HAVE A SECOND? SECOND? NO, YOU MAY BE MOTION. YOU CAN'T DO BOTH. I'M TRYING TO MAKE, GET THIS OVER WITH. SORRY. . I'LL SECOND YOU. GET SECOND. ALL IN FAVOR? AYE. AYE. AYE. OKAY. ALRIGHT. MAYBE ONE PART I WANT TO THANK THE BOARD FOR, FOR LISTENING TO US TONIGHT, AND IT'S BEEN A LENGTHY PROCESS FOR US. THANK YOU. AND I WANT TO SAY THE THIRD OPTION REALLY IS THE POOL. THAT'S NOT AT ALL IN ANY WAY AN INTENT WE HAVE, IT'S JUST SOMETHING THAT WE WANT TO SAY WHAT OTHER PEOPLE IN THE FUTURE MIGHT BE ABLE TO DO. WE HAVE NO INTENT OF DOING THAT. WE WANT TO DEVELOP THIS, THIS NEIGHBORHOOD AND REALLY BEAUTIFUL NEIGHBORHOOD THAT WE CAN ALL PROUD OF. YEAH. THANKS. SO THANK YOU VERY MUCH. THANKS FOR THAT. I THINK WE UNDERSTOOD THAT. THANK YOU. THANK YOU. OKAY. THANKS GUYS. OKAY. SO THANK YOU AMELIA. I AM, DO FLUSH OUT THE PLANS AND WE'LL CIRCULATE THE NOTICE OF INTENT. THE DANCE GOES UP. WHAT? THE DANCE GOES UP. , THE DANCE GOES UP. THANK YOU. OKAY, OUR LAST, UH, APPLICATION IS PB 25 0 2 SALTANA 7 42 CENTRAL PARK AVENUE. ANYBODY WANNA TALK ABOUT THAT? NO. DO WE HAVE ANYBODY OH, ON ZOOM? YES. OKAY. YES. HI. GOOD EVENING. I APOLOGIZE FOR NOT ATTENDING IN PERSON. UH, THE KIDS ARE PROBLEM WITH A BREAK. SO I'M ACTUALLY OUT OF TOWN THIS WEEK. UM, CAN EVERYONE HEAR ME OKAY? WE CAN, YES. YEP. UM, I CAN SHARE MY SCREEN JUST TO SHOW, UM, SOME SAMPLES OF THE STUDIES WE'VE PERFORMED FOR THE SITE, PLEASE. BUT IN SET THAT OKAY, I'LL DO SO SHARE. SO WE ARE PROPOSING A, A CHANGE OF USE FOR THE EXISTING FOR AN EXISTING 700 SQUARE FOOT, UH, OFFICE SPACE. THAT THE OFFICE IS LOCATED AT 7 42 CENTRAL PARK AVENUE. IT WAS FORMALLY AN ALLSTATE OFFICE AND WE'RE PROPOSING A RETAIL CAFE, UH, BAKERY. AND IN DOING SO, THE WE WOULD REQUIRE, UM, A SHARED, A SHARED PARKING REDUCTION WAIVER. UM, THE ORIGINAL SPACE HAD A PARKING CREDIT OF THREE SPACES, 716 SQUARE FEET DIVIDED BY 300, WHICH IS THE, THE ZONING ORDINANCE FOR THE TOWN. AND THE PROPOSED WOULD BE A RETAIL USE, WHICH WOULD REQUIRE ONE SPACE FOR 200 SQUARE FEET. SO, UM, BY, BY PERFORMING THIS CHANGE OF USE, WE REQUIRE ONE ADDITIONAL SPACE. UM, THE BUILDING IS LOCATED IN A CENTRAL, A ON CENTRAL AVENUE IN THE CA DISTRICT. UM, IT'S LOCATED IN A MIXED USE BUILDING, WHICH IS COMPRISED OF SEVEN, SEVEN, UM, COMMERCIAL SPACES AND SIX RESIDENTIAL UNITS. UM, WE'VE PROVIDED THE BOARD OR THE PLANNING DEPARTMENT WITH THIS LETTER. I'M NOT SURE IF YOU ALL HAVE IT, BUT I'LL JUST RUN THROUGH IT BRIEFLY. JUST TO SUMMARIZE OUR, OUR REQUEST, AS I MENTIONED, SORRY, ALL THE MATERIALS THAT YOU SUBMITTED WERE FORWARD ALONG TO THE BOARD FOR THEIR REVIEW. THANK YOU. SO, OKAY. IT IS A MULTITENANT PROPERTY, UH, SEVEN AND COMMERCIAL SPACES, SIX RESIDENTIAL, UM, SPACES AT THE SECOND [00:50:01] FLOOR LEVEL. UM, WE ARE PROPOSING A, A RETAIL CAFE WITH NO SEATING AT THIS TIME. UM, AND WE REQUIRE ONE ADDITIONAL PARKING SPACE AS A RESULT TO THE CHANGE OF USE. UM, AT THE RECOMMENDATION OF, OF, UH, PLANNING DEPARTMENT, WE DID, UM, ANALYZE THE OFF STREET PARKING OF THE SITE AS WELL AS THE ON STREET PARKING ADJACENT TO THE SITE, AS WELL AS THE EXISTING COMMERCIAL SPACES LOCATED WITHIN THE PROPERTY AND THEIR HOURS OF OPERATION. UM, I PROVIDED THE BOARD WITH THIS TABLE HERE, WHICH ESSENTIALLY SUMMARIZES THE DIFFERENT TYPES OF BUSINESSES, UM, AT THIS, AT THE PROPERTY, UM, THEIR SQUARE FOOTAGE, THEIR HOURS OF OPERATION, THEIR RELATED PARKING SPACE CREDITS, AND WHAT WE'RE PROPOSING. SO THE BUILDING WAS BUILT IN THE 1920S. UM, IT PREDATED THE ZONING ORDINANCE, SO IT DOES NOT HAVE ENOUGH PARKING SPACES AS IT WOULD BE REQUIRED BY TODAY'S ZONE REQUIREMENT. THE, TODAY THE BUILDING WOULD REQUIRE 55 OFF STREET PARKING SPACES. THERE ARE ACTUALLY ONLY 15 OFF STREET PARKING SPACES. UM, UM, MR. BRITTON, JUST, JUST TO CORRECT THE RECORD, I BELIEVE THE AGENDA LIST 16, WHICH IS WHAT WE HAD ORIGINALLY SUBMITTED, BUT AFTER RE REVISITING THE SITE AND EVALUATING, IT'S ACTUALLY 15 OFF STREETT PARKING SPACES ARE PRESENT OF THE PROPERTY. YEAH. UM, AND THE, UH, THE BUILDING, UH, INSPECTOR ISSUED A MEMORANDUM ON THE SHARED PROPERTY REDUCTION AND THEY DID REFERENCE THE 15 OFF STREET, UH, PARKING SPACES. SO WE'RE ALL SET THERE. OKAY, GREAT. SO THIS, THIS TABLE THAT WE PROVIDED, AS I MENTIONED, METIMES, IS THE HOURS OF OPERATION FOR ALL OF THE BUSINESSES. UM, THEY, THEY ARE OPERATING ESSENTIALLY AT DIFFERENT TIMES. OUR PROPOSED RETAIL CAFE HOURS OF OPERATION WILL BE SEVEN DAYS A WEEK, MONDAY THROUGH SUNDAY, SIX TO 6:00 AM TO 10:00 PM UM, THERE IS A PERSONAL SERVICE ESTABLISHMENT. IT SAYS TWO FARTHER, WHICH OPERATES FROM 11:00 AM TO 11:00 PM MONDAY THROUGH SATURDAY. UM, RETAIL, UM, WOULD BE A PRINTING STORE WHICH OPERATES FROM MONDAY THROUGH FRIDAY, NINE TO FIVE, AND CLOTHES ON WEEKENDS. THE RESTAURANT OPERATES FROM THREE TO 10, MONDAY, WEDNESDAY THROUGH FRIDAY. AND THEN IT IS CLOSED ON TUESDAY AND OPERATES 12 TO 10 SATURDAY AND SUNDAY. AND THEN THERE'S A, A PET GROOMING STORE PERSONAL SERVICE ESTABLISHMENT, WHICH OPERATES TUESDAY THROUGH SATURDAY, EIGHT 30 TO FIVE. UM, THESE ARE THEIR RELAT RELATED PARKING CREDITS. UM, ALL OF THEM ARE, ARE GENERALLY GENERAL FROM THREE TO FOUR AS A RESULT OF THE CHANGE IN USE FROM OFFICE TO RETAIL. UM, JUST SCANNING THROUGH THE, THE REST OF THE LETTER. WE PERFORMED THE PARKING STUDY FOR THE PROPERTY. WE VISITED THE PROPERTY EVERY TWO HOURS FROM 8:00 AM TO 8:00 PM TO EVALUATE WHAT TYPE OF PARKING WAS PRESENT ON THE SITE. UM, IN COUNT, IN DOING SO, WE ANALYZE THE 15 OFF STREET PARKING SPACES AT THE REAR, EIGHT PARKING SPACES AT THE FRONT OF THE PROPERTY. THESE ARE STREET PARKING SPACES. AND THIS DIAGRAM IS PROVIDED IN YOUR LETTER JUST TO SHOW WHERE THE 15 SPACES ARE AND WHERE THE EIGHT SPACES ARE ON CENTRAL AVENUE. MOUNTJOY DOES NOT HAVE ANY PARKING PERMITTED ON THE STREET, SO IT'S REALLY JUST THESE TWO AREAS WHERE PEOPLE COULD POTENTIALLY PARK. UM, WHAT WE DID, SO THE OFF STREET AND ON STREET PARKING SPACES, THERE'S A TOTAL OF 23 SPACES THAT ARE AVAILABLE FOR CUSTOMERS AND RESIDENCE. 'CAUSE THERE ARE RESIDENCE APARTMENTS ON THE SECOND FLOOR. UM, THE PARKING SPACES THAT WE, UH, OBSERVED AT 8:00 AM UM, THERE WAS, THIS IS, THESE ARE THE NUMBER OF SPACES THAT ARE AVAILABLE. SO OF 23, THERE WERE FIVE, UH, ON STREET PARKING SPACES AVAILABLE AT 8:00 AM 12 OFF STREET PARKING SPACES AVAILABLE. SO A SEVEN 17 TOTAL AVAILABLE AT THE 8:00 AM HOUR WHEN WE VISITED, THIS WAS DURING THE COURSE OF ONE DAY, 12 HOURS, 10:00 AM JUST SUMMARIZING THE NUMBERS. THERE WAS 18 SPACES AVAILABLE. THERE'S 15 SPACES AVAILABLE, 2:00 PM THERE'S 18 SPACES AVAILABLE UP 23. SO A FAIR AMOUNT OF THESE SPACES ARE, ARE NOT BEING UTILIZED. UM, SO WE FEEL LIKE TO THE BENEFIT OF THE APPLICATION, THERE ARE SPACES THAT THAT COULD BE ACOM THAT COULD ACCOMMODATE FOR THE ONE ADDITIONAL SPACE AS A RESULT OF THE CHANGING USE. UM, THE BUILDING MATRIX IS ESSENTIALLY SHOWN HERE AT THE DIFFERENT TYPES OF USES. THERE'S THE TATTOO PARLOR, THE PRINTING STORE. THIS IS OUR PROPOSED SUBJECT SPACE, WHICH WOULD BE THE RETAIL CAFE RESTAURANT PERSONAL SERVICE ESTABLISHMENT, WHICH WOULD BE THE PACK ROOM STORE, AND THEN TWO RETAIL SPACES. [00:55:03] UM, THESE ARE JUST SOME PHOTOGRAPHS OF THE, AT THE TIMES WE VISITED, SO THIS WAS 8:00 AM STREET PARKING AVAILABILITY. AS YOU SEE, THERE'S THREE SPACES OCCUPIED. THE REST ARE, ARE OPEN. THIS WAS THE REAR OF THE LOT AT EIGHT, AT 8:00 AM A LOT OF THEM WERE EMPTY. PEOPLE WERE OFF, UH, THEY WERE THERE YOU COULD SEE AS EVIDENCE BY COVERING THE SNOW AND THEY WERE GONE THE NEXT DAY. CAN I JUST, I'M SORRY, CAN I JUST ASK ONE QUESTION? UM, SORRY TO INTERRUPT. SURE. BUT NO PROBLEM. YOU ONLY DID THE, DO I UNDERSTAND THAT YOU ONLY DID THIS ANALYSIS FOR ONE DAY? YES. THIS WAS A WEEKDAY. AND HOW DO YOU KNOW THAT THIS DAY WAS REPRESENTATIVE? I MEAN, HOW DO YOU KNOW THAT, YOU KNOW, TWO DAYS LATER IT WOULDN'T HAVE BEEN FILLED WITH CARS. UM, THE ASSUMPTION WAS THIS WAS A GENERAL WORKING DAY, SO IT WASN'T A HOLIDAY, IT WAS JUST A GENERAL WORKING DAY FOR, FOR PEOPLE TO OPERATE THE BUSINESS AND LIVE IN THEIR HOMES. SO IT WASN'T A SPECIAL DAY IN ANY MEANS. SO WE JUST EVALUATED THIS AS A TYPICAL COMMON DAY. WHAT, WHAT DAY WAS IT? YEAH, WHAT DAY OF THE WEEK WAS IT? THIS WAS FEBRUARY 11TH. THIS WAS LAST WEEK ON TUESDAY. WAS THE, UH, PARKING LOT PLOWED AT THE TIME? NO, THE PARKING LOT ITSELF IS A MIXTURE OF GRAVEL AND ASPHALT. SO I ASSUME THAT'S WHY THEY'RE NOT REALLY, UM, LET'S SAY, UH, PLOWING IT REGULARLY. THIS JUST HAS BOTH, YOU KNOW, GRAVEL AND PARK AND ASPHALT THERE. UM, SO IF, I DON'T BELIEVE, I DON'T RECALL IF IT SNOWED AT THAT TIME, BUT I THINK THIS IS THE SNOW WAS FROM THE WEEKEND PRIOR. OKAY. ALRIGHT. YOU KNOW, PROCEED. THANKS. UM, 10 O'CLOCK HOUR, AGAIN, SIMILAR, UM, EXHIBITS OF FRONT, UH, STREET PARKING AND WE ARE OFF STREET PARKING 12 O'CLOCK, SAME 2:00 PM 4:00 PM 6:00 PM AND THEN THE FINAL WAS THE EIGHT 8:00 PM HOUR WHERE YOU CAN SEE THE CARS ARE STARTING TO COME BACK IN THE EVENING. UM, SO THESE ARE THE EXHIBITS WE, WE STUDIED, UH, OR THESE ARE THE, UM, THE TIMES THAT WE STUDIED FOR THE, FOR THE VISIT, UM, TO EVALUATE WHETHER OR NOT THERE WOULD BE ENOUGH STREET PARKING AVAILABLE. UM, LOOKING AT THE DIFFERENT TYPES OF USES AS INVENTION IN CAFE RETAIL, CAFE, CAFE WE'RE REALLY ANTICIPATING, UM, A, A MORE FREQUENCY OF VISITS DURING THEIR EARLY TO TO DAYTIME HOURS. I, I'M SORRY, I, SORRY. NINE 90 . I'M SORRY FOR INTERRUPTING. JUST, JUST A GENERAL QUESTION AGAIN. SO THE REQUIREMENT IS FOR 56 OFFITE PARKINGS, THERE'S CURRENTLY 16, 15 15, YES. RIGHT. SO THE EXISTING BUSINESSES ARE OPERATING WITH 16 WHEN IT TYPICALLY, ESSENTIALLY IT SHOULD BE 56 UNDER, UNDER CURRENT ZONING ORDINANCE. MM-HMM . IT SHOULD BE, BUT, UH, BUT IT ISN'T, AS THE APPLICANT STATED. UH, THIS BUILDING WAS CONSTRUCTED IN THE TWENTIES, WELL BEFORE CURRENT PARKING, BEFORE CARS, SO, I'M SORRY, BUT YEAH, IT'S, UH, GRANDPA LIVED IN. OKAY. UM, AND SO, SO, AND THIS WILL FORGET, UM, THIS BUILDING IS LIKELY FAILED AS STORES AT THE, AT THE BROWN FLOOR LEVEL, UM, RIGHT. AND AT ONE POINT CHANGED TO AN ALLSTATE OFFICE, WHICH PROBABLY ALTERED THEIR PARKING SPACE CREDIT. YEAH. AND THE BUILDING AND I WERE CHANGING BACK TO A STORE. SO THE BUILDING DEPARTMENT, UH, AND BUILDING INSPECTOR REVIEWED THIS, UH, APPLICATION OR SHARED PARKING REDUCTION REQUEST. UH, AND AS REQUIRED BY THE CODE, THEY DID ISSUE A RECOMMENDATION ON THE MATTER. THEY, UH, THEY SUPPORTED THE SHARED PARKING REDUCTION OF ONE SPACE CONDITION, THAT THE USE REMAINS RETAIL WITH NO TABLES, CHAIRS, OR ONSITE DINING PERMITTED EITHER INSIDE OR OUTSIDE. SHOULD THE APPLICANT DESIRE TO INSTALL TABLES OR CHAIRS IN THE FUTURE, THEY WILL NEED TO SEEK FURTHER BOARD APPROVALS. OKAY. THAT WOULD BE FOR LIKE AN INCIDENTAL DINING SPECIAL PERMIT OR FOR CONVERSION TO A FULL RESTAURANT. SO I HAVE A NUMBER OF QUESTIONS. I DON'T KNOW IF WE'RE READY. LET'S READY TO JUMP INTO IT. YEAH, HANG ON FOR A SECOND. UM, ARE YOU PRETTY MUCH FINISHED WITH YOUR PRESENTATION? I THINK IT WAS VERY THOROUGH AND I THINK WE UNDERSTAND WHAT THE ISSUES ARE. YES. OKAY. YES. I'M, I'M FINISHED. THANK YOU. ALL RIGHT, DYLAN. UM, YEAH, SO, SO MY FIRST QUESTION, UM, WILL, WILL BAKING BE CONDUCTED ON PREMISE OR WILL YOU HAVE DELIVERIES OF PASTRIES OR OTHER BAKED GOODS THAT ARE BAKED ELSEWHERE? [01:00:01] UM, THE INTENT IS TO OFFER PRE-MADE GOODS. SO THESE WOULD BE, UM, GOODS THAT ARE MADE ELSEWHERE AND THEN AVAILABLE FOR SALE, UM, TO COMPLIMENT THE COFFEE. OKAY. HOW, HOW FREQUENTLY DO YOU ANTICIPATE RECEIVING DELIVERIES AND HOW WILL DELIVERIES BE, BE MANAGED? UM, IT WOULD JUST BE PROBABLY BEFORE OPENING. SO IT WOULD BE BEFORE 6:00 AM UM, IT WOULD BE AGAIN, TO COMPLIMENT COFFEE IN THE MORNING OR, OR AS A SNACK IN THE EARLY AFTERNOON. UM, I ANTICIPATE PROBABLY JUST ONCE A DAY. OKAY. BEFORE OPENING. AND, AND, AND, YOU KNOW, I MEAN, CENTRAL AVENUE IS, IS A, A PRETTY COMPLEX, UH, YOU KNOW, ROAD AS IS. AND, AND THERE ARE CHALLENGES THAT OCCUR WITH, UH, VEHICLE DELIVERY AT, AT SOME OF THE CAR DEALERSHIPS ON THE ROAD, JUST JUST NORTH OF THIS SITE. UM, WHAT SIZE, I GUESS, WHAT SIZE TRUCK WOULD YOU ANTICIPATE CONDUCTING THE DELIVERIES? WOULD THEY JUST SIT IN THE, WOULD THEY PARK IN THE SPOTS IN FRONT OF THE, THE STOREFRONT? OR HOW, HOW WOULD, WOULD THEY COME FROM THE REAR IN THE PARKING LOT? HOW DO YOU IMAGINE THAT BEING MANAGED? I, I WOULD ANTICIPATE THAT THEY WOULD COME FROM THE CENTRAL AVENUE SIDE. UM, THE, FROM THE REAR, THERE ARE STEPS THAT, THAT ARE REQUIRED TO COME IN THROUGH THE BACK DOOR. SO, OR, AND MOUNT JOY IS QUITE A STEEP HILL, SO SURE. THEY'LL LIKELY WITH SPACE BEING AVAILABLE ON THE STREET, THEY'LL JUST COME, UM, YOU KNOW, THROUGH THE FRONT DOOR WITH THE VAN. IT IS GONNA BE SMALL, YOU KNOW, IT'S SMALL SPACE. THERE'S NOT A LOT OF GOODS THAT THEY CAN ACTUALLY HAVE A DISPLAY AREA FOR. OKAY. SO, UM, THEY'LL JUST BRING IT IN WITH A VAN, I WOULD ASSUME. OKAY. ARE, ARE THERE ANY, UH, HANDICAP SPOTS CURRENTLY SERVICING THE BUILDING? AND WOULD THERE NEED TO BE, UM, NICK, DO YOU, DO YOU KNOW IF THERE ARE ANY, UH, A DA SPACES? I, I DON'T BELIEVE SO. UM, AGAIN, THAT IT, IT, THE REAR PARKING AREA IS JUST A MIX OF GRAVEL AND ASPHALT. IT'S NOT REALLY STRIPED. SO I, I BELIEVE IT IS JUST, UM, YOU KNOW, THAT THE PATRON, THE CUSTOMERS AND THE, THE RESIDENTS ARE JUST PARKING, YOU KNOW, IN THE SPACES THAT THEY'RE USED TO OR THAT APPEAR TO BE AVAILABLE. BUT I DON'T SEE ANY STRIKING FOR, FOR ACCESSIBLE USE. AND THE REAR REALLY WOULD NOT ACCOMMODATE AN ACCESSIBLE PATH. UM, 'CAUSE MOUNT JOY IS QUITE STEEP AT THAT POINT. YEAH. AND AGAIN, THIS IS, UH, A GRANDFATHERED IN PROPERTY FOR THE LACK OF A DA SPACES. RIGHT. BUT NOW THAT, SO I GUESS US REDUCING THE PARKING REQUIREMENT WOULDN'T OPEN UP THE REQUIREMENT TO HAVE A DA SPOTS. I GUESS THAT'S MY QUESTION. UH, I DON'T BELIEVE SO. THAT WAS NOT IDENTIFIED AS AN ISSUE BY THE BUILDING INSPECTOR. OKAY. COULD, COULD WE CONFIRM THAT OR HAVE THAT CONFIRMED? YEAH, I CAN SPEAK, UH, UH, TO THEM AND HAVE THAT CONFIRMED. UM, AND THE, THE BUILDING IS CURRENTLY AT FULL CAPACITY OTHER THAN THIS, THIS STOREFRONT YOU'RE LOOKING TO OCCUPY? YEAH. UH, THINK THERE ARE TWO VACANT SPACES OTHER THAN THIS. THERE'S ANOTHER VACANT SPACE ACCORDING TO THIS. YEAH. THEY INDICATED THERE'S TWO VACANT SPACES, UM, INCLUDING THIS ONE NO. SEPARATE FROM THIS. THERE'S, SO, SO THERE'S THREE TWO PLUS THIS ONE, CORRECT. THREE VACANT. OKAY. AND SO THE PARKING, UH, STUDY THAT WAS CONDUCTED ON FEBRUARY 11TH, THAT WAS ALSO RECOGNIZING THAT, THAT THERE'S TWO VACAN OR THREE VACANCIES CURRENTLY IN THE BUILDING, CORRECT? YES. OKAY. IT'S STATED ON, ON THE, OKAY. THE APPLICATION. UM, OKAY. THOSE ARE, THOSE ARE THE QUESTIONS I HAVE. THANK YOU. UM, ANY OTHER BOARD MEMBERS HAVE ANY QUESTIONS OR COMMENTS? UH, I THINK I HAVE A, UH, QUESTIONS, UH, REGARDING THE, UM, AND IT'S PROBABLY THE, UH, IF HE, IF HE MODIFIES THIS THING, IS DOES HE HAS TO MEET A DA. WELL, WE'RE GONNA FIND THAT OUT. THAT'S WHAT DYLAN ASKS. SO WE'RE GONNA FIND THAT OUT FOR NEXT TIME. BUT IT'S A ALSO, OKAY. WE DON'T KNOW. FORGIVE ME. OUR, OUR PROPOSED USE, UM, IS OUR, OUR PROPOSED WORK AT THE PROPERTY IS ENTIRELY INTERIOR AND WE ARE PROPOSING AN, A NEW ACCESSIBLE RESTROOM IN THE INTERIOR OF THE SPACE TO ACCOMMODATE THE CUSTOMERS. OKAY. ANY OTHER QUESTIONS FOR THE BOARD? YEAH, I, I THINK, UH, I'LL JUST FOLLOW, SO YOU'RE SAYING THERE'S GONNA BE A HANDICAP OR ACCESSIBLE, UH, BATHROOM TOILET. A BATHROOM WITHIN THE SPACE FOR THE EMPLOYEES? FOR THE PATRONS AS WELL? FOR FOR CUSTOMERS AS WELL. FOR EMPLOYEES AND CUSTOMERS. FOR THE CUSTOMERS ARE NOT, THE CUSTOMERS ARE JUST PICK UP AND RIGHT. THERE'S NO, NO SEATING ARRANGEMENTS. NOT NOBODY'S GOING TO EAT AND CONSUME ANY OF THESE FOOD. THERE'S NO SEATING AREA PROPOSED AT THIS TIME. [01:05:01] UM, BUT THE BUILDING CODE STILL REQUIRES, UH, A RESTROOM TO BE AVAILABLE TO CUSTOMERS WHEN YOU EXCEED, I BELIEVE IT, TWO OR 300 SQUARE FEET. SO THERE IS AN A BATHROOM THAT WOULD BE AVAILABLE TO CUSTOMERS TO USE, IF SO, IF THEY SHOULD NEED TO. OKAY. UH, ALSO JUST LOOKING AT THE, UH, THE, THE PHOTOGRAPHS. UH, WHAT IF YOU'RE GOING TO BE REDUCTION TO THE PARKING AREA BEHIND? IT'S A LITTLE BIT BETTER LIGHTING AND, UH, THEY'RE, THEY'RE NOT DOING ANY WORK TO THE PARKING AREA. THE REASON THEY NEED A REDUCTION IS BECAUSE THE CHANGE OF USE OF THE STORE REQUIRES ONE MORE PARKING SPOT, WHICH THEY DON'T HAVE. SO THEY NEED A ONE SPOT REDUCTION, BUT THEY'RE NOT DOING ANY WORK IN THE PARKING LOT. THEY DON'T OWN IT. THE LANDLORD WOULD OWN THERE. AM I CORRECT? LANDLORD? LANDLORD ALWAYS ME, YES. YES. THE LANDLORD HAS A PARKING LOT. UM, OUR CLIENT'S, THE TENANT FOR THIS STORE SUBMIT THE ACTUAL STOREFRONT THAT WAS PROPOSED. RIGHT. OKAY. AND WHAT KIND OF SIGNAGE IS GOING TO BE ON THE FRONT? UM, THE CLIENT WILL, WILL PROBABLY SUBMIT THAT SEPARATELY. UM, IT, IT WOULD BE, IT WOULD FIT WITHIN THE EXISTING SIGNAGE BAND FOR THE BUSINESS, UM, OR FOR THE, THE ACTUAL, UM, BUILDING. BUT I BELIEVE THAT WOULD BE SUBMITTED SEPARATELY FOR THE BOARD'S REVIEW. THERE IS NO SIGNAGE OF IT. UH, SO THE SIGNS WOULD JUST BE, WOULD BE A PERMIT THROUGH THE, UM, THE BUILDING DEPARTMENT? YEAH. OKAY. SO THEN IT WOULD JUST BE THROUGH THE BUILDING DEPARTMENT? YEAH. WHAT ARE THE NEXT STEPS? YEAH, WHAT HAPPENS NEXT? UH, SO THE BOARD CAN, UH, DIRECT STAFF TO PREPARE A SECRET DETERMINATION. 'CAUSE THIS DOES QUALIFY AS AN UNLISTED ACTION UNDER SEEKER. AND CAN, UH, YOU KNOW, IF BOARD OF SOLINE CAN DIRECT THE STAFF TO PREPARE A SHARED PARKING REDUCTION, UM, I WILL SPEAK WITH THE BUILDING INSPECTOR TO GET YOU AN ANSWER ON THE A DA SPACE QUESTION. UM, BUT OTHERWISE, UH, YEAH, I THINK, I THINK YOU SHOULD DO A DRAFT AND, UM, RECOMMENDATION ON THE, UH, BOARD DECISION ON THE COURT WILL DO. AND THEN THIS ONE COME BACK. SO THIS WILL COME BACK FOR, AND THEN WE HAVE TO VOTE ON THAT MARCH 5TH NEXT. OKAY. I, I GUESS ONE, ONE OTHER QUESTION. HOW MANY EMPLOYEES WOULD YOU ANTICIPATE WORKING IN THE, IN THE STOREFRONT AT ONE GIVEN TIME? IT'S A SMALL SPACE, SO WE'D ONLY ANTICIPATE ONE EMPLOYEE AT A TIME. ONE. OKAY. SO THEY WOULD, THEY WOULD NEED A SPOT, BUT JUST ONE. OKAY. UH, UH, JUST TO, JUST A RELATIVE PARKING IS YOU DID THE SURVEY OF PARKING SPACES, UTILIZATION IS, IS THERE ANY CUSTOMERS PARTS THERE OR IT'S MOSTLY EMPLOYEES. UM, WE'VE ONLY REALLY JUST ACCOUNTED FOR THE SPACES THAT WERE VISIBLE. WE'RE ACTUALLY NOT SURE IF THERE WERE CUSTOMERS, EMPLOYEES, UM, WE'RE JUST SEEING WHAT WAS ACTUALLY AVAILABLE WAS THE MAIN INTENT OF THIS STUDY. UM, BUT I CAN GET THAT INFORMATION OR I CAN TRY TO GET THAT INFORMATION. I'M NOT SURE IF YOU ASKED JUST YET, BUT I CAN TRY TO GET THAT INFORMATION FOR YOU. GOODBYE. YEAH. AND, AND LOOKING AT THE IMAGE THAT, THAT YOU SUBMITTED, UM, IT LOOKS LIKE THERE'S SOME VEHICLES PARKED SORT OF PERPENDICULAR TO THE, TO THE PARKING SPACES THAT ARE, I GUESS, RECOVERED BY A VEHICLE AND, AND SO THERE'S NO SNOW. ARE THOSE ALL, ARE THOSE OFFICIAL SPOTS OR I GUESS HOW, WHAT, WHAT VEHICLE? NO, NOT THAT I'M AWARE OF. THE, THEY DON'T APPEAR TO BE OFFICIAL SPOTS. OH, YOU SEE, LIKE PARKED UP ON THE CURB? YEAH. THEY DON'T THINK THEY'RE PARKED UP AGAINST THE, THE PROPERTY LINE. THOSE ARE VEHICLES, UH, PARKING WHERE THEY CAN. OKAY. I DON'T BELIEVE THOSE ARE, UH, OFFICIAL SPOTS. NO. OKAY. YEAH. THE, THE, YEAH. ALONG THE, OKAY. ALRIGHT. ALL RIGHT. UH, SO I'LL FIND OUT THAT INFORMATION FOR YOU GUYS AND I'LL PREPARE THE DRAFTS, UH, SEEKER AND, UH, RECOMMENDATION OR DECISION. ALRIGHT. AND WHAT HAPPENS NEXT? I'M SORRY? NEXT MEETING. UH, WILL, I'LL REPORT ON WHAT THE BUILDING INSPECTOR SAYS ABOUT THE AADA A SPACES, AND YOU'LL CONSIDER SECRET DETERMINATION AND THE, UM, A DECISION ON THE SHARED PARKING REDUCTION. OKAY. AND THEN THEY CAN START OR NOT. YEAH, THEN IT'S THAT, THAT'S THE END. THANK YOU. ALRIGHT. THIS IS A, UH, FIRST REDUCTION REQUEST, UH, ON THE, MY UNDERSTANDING IS YEAH, THIS IS THE FIRST REDUCTION REQUEST FOR THIS, UH, PARTICULAR PROPERTY. AND SO THERE WAS, THERE WAS NOTHING ELSE CAME UP WITH IT. UH, I'LL, I'LL DOUBLE CHECK THAT, BUT UM, YEAH, [01:10:01] I'LL SEE IF THERE'S ANYTHING ELSE, BUT I DON'T THINK SO. OKAY. THANK YOU VERY MUCH. THANK YOU, DICK. THANK YOU FOR YOUR TIME. WE REALLY APPRECIATE IT. HAVE A GOOD EVENING. THANK YOU. GOOD EVENING. OKAY. RECORDING STOPPED. EIGHT 15. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.