* 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. [ TOWN OF GREENBURGH ZONING BOARD OF APPEALS *DRAFT* AGENDA THURSDAY, April 17, 2025 – 7:00 P.M. ] [00:00:03] OKAY, WE'RE GONNA BE BEGIN. ROLL CALL EVE. BUNTING SMITH. PRESENT. CHRISTIE NECK. HERE. LOUIS CRITCHLOW. PRESENT. DIANE BERLEY IS ABSENT. WILLIAM BLAND, PRESENT. SHAUNA DUNCANSON. PRESENT. MADAM CHAIR. THANK YOU. THE MEETING OF THE ZONING BOARD OF APPEALS FOR THE TOWN OF GREENBURG WILL NOW COME TO ORDER. PLEASE NOTE THAT THE ZONING BOARD WILL HAVE OUR NEXT REGULAR MEETING ON THURSDAY, MAY 15TH, 2025 AT 7:00 PM WHAT WOULD WE SAY ABOUT THAT? WE HAVE TWO MATTERS OF CORRESPONDENCE ON OUR AGENDA THIS EVENING. FIRST IS 2321. FAIL INDUSTRIES. GET MY NOTES. THE APPLICANT HAS MADE A REQUEST TO REOPEN OR REHEAR THE ORDER THAT HAS BEEN ISSUED FROM THIS BOARD. DO WE HAVE A MOTION? UH, I MOVE THAT THE CASE I'M, I'M IN VOTE. I'M SORRY. DO WE HAVE A VOTE TO REOPEN EVEN? YES. I MOVE THAT THE, UM, APPLICATION CASE NUMBER 2321 SALE BE REOPENED. I SECOND NAY NAY REOPEN. THE VOTE TO REOPEN MUST BE UNANIMOUS. WE DO NOT HAVE A RE, RE UNANIMOUS VOTE AT THIS POINT, SO THEREFORE THE APPLICATION CANNOT BE RENO OR REHEARD AT THIS TIME. THE APPLICATION CAN REMAIN CLOSED. THE APPLICANT WILL BE REGULATED EITHER TO SEEK A NEW APPLICATION TO MODIFY THE CONDITIONS ATTACHED TO YOUR PREVIOUS DECISION OR TO APPEAL YOUR DECISION IN THE COURTS. THE NEXT APPLICATION WE HAVE IS CASE 24 32. SO ILLA, THAT IS 27 9 JACKSON AVENUE AND THEY ALSO HAVE MADE A REQUEST TO REOPEN THEIR HEARING FOR VARIOUS REASONS. AND DO WE HAVE A MOTION ON A VOTE ON THAT? I MOVE THE CASE NUMBER 24 32. SAL, OLIVIA BE REOPENED. ALL IN FAVOR? AYE. A. AYE. SECOND. I'M SORRY. SECOND. AYE SECOND. ALL IN FAVOR? AYE. AYE. ABSTAIN. CHAIR VOTES. AYE. THEREFORE THAT WOULD BE PUT ON THE CALENDAR AND WE WILL, THAT'S WHEN WE GET THE INFORMATION FROM OUR SECRETARY AT OUR DELIBERATIONS, AND WE WILL FIND OUT WHEN THE CASE WILL BE HEARD, THAT THERE IS NO HEARING AT THIS TIME. NEXT CASE WE HAVE TO BE HEARD. TONIGHT IS FOR PUBLIC HEARING IS CASE 25 0 3. AND THAT IS CHICK-FIL-A 20 TARRYTOWN ROAD. BEFORE ANY STATEMENTS ARE MADE, I WISH TO SAY THAT. WHAT DID I DO WITH IT? BECAUSE OF THE NUMBER OF CASES THAT WE'RE HEARING THIS EVENING, WE MAY LIMIT THE TIME TO DISCUSS EACH CASE. IF WE CANNOT FINISH HEARING A CASE, IT WILL BE ADJOURNED, ADJOURNED TO ANOTHER MEETING TO BE COMPLETED AT THAT TIME. [00:05:02] UM, JUST COULD I GET A RAISE OF HANDS WITH RESPECT TO ANY MEMBERS THAT ARE HERE, UH, WHO WISH TO COMMENT ON THIS CASE? JUST ALL HAVE AN IDEA. ALL RIGHT. ALRIGHT, THAT'S GOOD. THANK YOU. I THINK WE FIND OTHERWISE WE MAY HAVE TO LIMIT SOME OF THE DISCUSSIONS. GOOD EVENING, MADAM CHAIR, MEMBERS OF THE BOARD. MY NAME IS CHARLES GOTTLIEB, LAND USE COUNCIL FOR CHICK-FIL-A FROM WHITEMAN, OSTERMAN AND HANNAH IN ALBANY, NEW YORK. UM, GOOD TO SEE EVERYONE AGAIN, UH, HERE WITH THE SAME TEAM. TIM FRY, TAG PROJECT, PROJECT ENGINEER FROM BOWLER ENGINEERING. PHIL GREELEY, WHO'S OUR TRAFFIC ENGINEER FROM COLLIERS ENGINEERING AND DESIGN. AND JOHN MARTINEZ FROM CHICK-FIL-A. UH, WE HAVE APPLIED FOR CERTAIN SIGN VARIANCES FOR AN APPROVED 5,028 SQUARE FOOT CHICK-FIL-A SINCE THE LAST TIME WE WERE BEFORE THIS BOARD. WE DO HAVE ALL FINAL PLANNING BOARD TOWN OF GREENBURG PLANNING BOARD APPROVALS, CITY OF WHITE PLAINS PLANNING BOARD APPROVALS, AND THE DIMENSIONAL AREA VARIANCES THAT WERE PREVIOUSLY GRANTED BY THIS BOARD. UM, BEFORE WE BEGIN, THE PROJECT SITE HOPEFULLY IS COMING UP ON THE, ON THE SCREEN SOON. THERE YOU GO. UM, SO WE STILL HAVE THAT UNIQUE PROPERTY SITE THAT'S BOUNDED BY ROADWAYS ON ALL SIDES. UM, CHICK-FIL-A IS IN THE PROCESS OF SECURING DEMOLITION PERMITS FOR THE BUILDING, UM, AND PREPARING TO SUBMIT FOR BUILDING PERMITS. AS A PART OF THAT PROCESS, NOW THAT THE FINAL LAYOUT AND DESIGN OF THE BUILDING HAS BEEN APPROVED, CHICK-FIL-A DOES RETAIN ANCHOR SIGNS TO COME OUT WITH A SIGNAGE PACKAGE. WE INITIALLY SUBMITTED THE SIGNAGE PACKAGE TO THE TOWNS BUILDING DEPARTMENT IN FEBRUARY. UH, WE RECEIVED A DENIAL, UH, FROM THAT DENIAL. WE APPLIED TO THIS BOARD ON FEBRUARY 14TH WITH 14 SIGN VARIANCES THAT WERE REQUIRED. REALIZING THAT WAS QUITE CUMBERSOME, UH, WE CHALLENGED ANCHOR SIGNS WITH A REDESIGN OF THE SIGNAGE PACKAGE SPECIFICALLY TAILORED TO ELIMINATING AND REDUCING AREA VARIANCES THAT WE WERE REQUESTING. UM, EXCUSE ME. YES. DID YOU SAY 14 SIGNED VARIANCES THAT WERE REQUIRED? YES. SO OUR ORIGINAL DENIAL THAT WE RECEIVED IN FEBRUARY IDENTIFIED THAT WE WOULD NEED 14 SIGNED VARIANCES. SO THEY'RE AMENDING THAT TO A LOWER NUMBER NOW. OH, I KNOW. I JUST WAS JUST TRYING TO MAKE SURE I UNDERSTAND. IF THEY WERE REQUIRED OR BEING REQUESTED. REQUIRED. REQUESTED. OKAY. WE'RE REQUIRED FOR US TO OBTAIN A PERMIT, BUT WE WERE REQUESTING THEM SINCE THOSE WERE THE SIGNS YOU NEEDED VARIANCES WERE IN ADDITION TO THE ONES THAT YOU'RE ALLOWED AS OF RIGHT. UH, WHAT YOU'RE APPLYING FOR NOW? NO. SO WE APPLIED THE SIGNED PACKAGE TO THE BUILDING DEPARTMENT. UH, WE RECEIVED A DENIAL THAT OUTLINED 14 INSTANCES WHERE WE WERE NOT IN COMPLIANCE WITH THE SIGN REGULATIONS. UM, BASED ON THAT, WE HAD ANCHOR SIGN REVIEW, THE SIGNED PACKAGE, UM, AND THEY REVISED THE SIGNED PACKAGE WITH A NEW SIGNED SURVEY DATED APRIL 8TH. WE SUBMITTED THAT TO THE TOWN BILLING DEPARTMENT AND RECEIVED A REVISED, UH, SIGNED PERMIT DENIAL, UH, WHICH ELIMINATED SEVEN VARIANCES THAT WERE REQUESTED. UM, AND, AND SO NOW WE ARE REQUESTING SEVEN VARIANCES. I ACTUALLY THINK IT'S SIX VARIANCES. UM, AND I'LL GET INTO THAT IN A LITTLE BIT. AGAIN, CHICK-FIL-A AND THE SIGN COMPANY WAS TASKED WITH BALANCING ZONING COMPLIANCE, UM, AS WELL AS A REOCCURRING THEME OF TRAFFIC SAFETY THAT YOU'LL BE HEARING THIS EVENING. AND THAT'S WHY WE BROUGHT MR. GREELEY TO OPINE ON SOME OF THE TRAFFIC SAFETY, UM, AND HOW IT RELATES TO THE PROPOSED SIGNAGE. SOME OF THE CHANGES BETWEEN FEBRUARY AND APRIL INCLUDE WE ELIMINATED A WALL SIGN ON THE COUNTY CENTER ROAD ELEVATION. WE REDUCED THE SIZE OF THE CHICK-FIL-A LETTERING SIGNS ON THE NORTHERN AND SOUTHERN ELEVATIONS SO THAT THEY ARE SMALLER AND COMPLIANT WITH THE CODE. WE ALSO REDUCED, REDUCED THE SIGN OF THE SIZE, EXCUSE ME, OF THE WELCOME SIGN, WHICH IS ADJACENT THE FRONT DOOR THAT SIMPLY SAYS, WELCOME FRIENDS AND NEIGHBORS. SO THAT, THAT HAS BECOME CODE COMPLIANT. UM, THE VARIANCES WE ARE SEEKING, AND I'LL GO THROUGH EACH ONE WITH JUST A BRIEF OVERVIEW OF OUR JUSTIFICATIONS. ONE ON THE WESTERN ELEVATION, WHICH IS THE ELEVATION FACING [00:10:01] TERRYTOWN ROAD, AS YOU SEE ON THE SCREEN THERE, UM, ONE VARIANCE WAS REQUIRED FOR THE KEY LETTERING SIZE OF THE C IN CHICK-FIL-A THAT WAS PROPOSED AT FOUR FEET, WHERE FIVE FEET IS PROPOSED A VARIANCE FOR A SECOND WALL SIGN WHERE A SIZE IS REQUIRED TO BE TWO FEET, WHERE FIVE FEET IS PROPOSED. AND THEN THE LETTERING OF THE WALL SIGN REQUIRED TO BE TWO FEET WHERE 2.5 FEET IS PROPOSED. AND THAT RELATES TO THE, THE LETTERING OTHER THAN THE C IN CHICK-FIL-A JUSTIFICATIONS FOR THAT SIGN ARE MAINLY, UH, TRAFFIC SAFETY. SO THAT TERRYTOWN ELEVATION AS, AS I NOTED BEFORE, WE'RE WE'RE BOUND BY ROADS ON ALL THREE LOT LINES THAT YOU SEE IN FRONT OF YOU. UM, THIS IS THE MOST TRAFFIC THAT GOES PAST THE RESTAURANT IS ON TERRYTOWN ROAD, WHETHER THEY'RE TURNING INTO THE RESTAURANT OR JUST GENERALLY DRIVING BY. THERE ARE ALSO SEVERAL INTERSECTIONS, UH, IN THIS AREA. SO IT'S IMPORTANT FOR THIS RESTAURANT TO BE SEEN BY THOSE TRAVELING BY, AS WELL AS THE FOLLOWING INTERSECTIONS, AQUEDUCT ROAD AND TERRYTOWN ROAD, AS WELL AS CENTRAL AVENUE AND TERRYTOWN ROAD. HERE, AS YOU'LL SEE IN FRONT OF YOU, THE CANOPY SEPARATES THE ACTUAL BUILDING ITSELF FROM THE ROADWAY. THERE IS NO SEE RIGHT HERE IS THE CANOPY I'M TALKING ABOUT. SO THE CANOPY SEPARATES THE BUILDING, THE ROADWAY, THE BUILDING ITSELF IS 36.8 FEET FROM THE LOT LINE, AND IT'S ACTUALLY 72.5 FEET FROM THE EDGE OF PAVEMENT ON TERRYTOWN ROAD BECAUSE YOU HAVE ALL OF THE DOT CONTROLLED LANDS BETWEEN THE LOT LINE AND THE EDGE OF PAVEMENT. THE INTERSECTION OF AQUEDUCT ROAD IS 240 FEET FROM THIS BUILDING ELEVATION. AND THOSE, SO AQUEDUCT ROAD IS DOWN HERE, SO THIS INTERSECTION TO THE BUILDING ELEVATION. UH, SO THOSE THAT ARE ON TERRYTOWN ROAD OR AT THE INTERSECTION OF AQUEDUCT ROAD NEED TO BE ABLE TO SEE THE BUILDING SO THAT THEY CAN BE ALERTED OF ITS LOCATION BEFORE THEY HAVE TO MAKE A TURNING MOVEMENT OR BEFORE THEY HAVE TO DECIDE WHERE TO TURN, HOW TO ACCESS THE FACILITY. AND THAT'S WHY THE SIZE OF THE LETTERING OF THIS SIGN IS SO VITAL. EXCUSE ME. AND I'LL HAVE PHIL TALK ABOUT THAT IN A MOMENT. THIS SIDE, THIS ELEVATION IS NOT FACING ANY SENSITIVE RECEPTORS. IT'S FACING TERRYTOWN ROAD AND THE COMMERCIAL USES ACROSS TERRYTOWN ROAD. AND NOTABLY, IT'S THE ONLY VARIANCE FOR A WALL SIGN RELATED TO SIZE THAT WE DO REQUIRE. ALL OTHER ELEVATIONS HAVE BEEN MADE SMALLER IN SIZE TO BE CODE COMPLIANT. BUT AGAIN, THIS ONE IS VITAL FROM A TRAFFIC SAFETY STANDPOINT. THE SOUTHERN ELEVATION IS THE NEXT VARIANCE THAT'S REQUIRED. SO THIS IS THIS ELEVATION RIGHT HERE. CAN WE NUMBER THEM OR DO SOMETHING? CAN WE NUMBER THEM SO THAT WE CAN TALK ABOUT THEM IN A CERTAIN WAY? ARE WE SURE I'M GOING, CAN THEY RELATE TO SOMETHING ON ANY ONE OF THESE DOCUMENTS THAT WE HAVE? YES. SO IN OUR APRIL 8TH SUBMISSION, AND I'LL, THEY'RE GOING IN ORDER OF THAT APRIL 8TH SUBMISSION. LOOK AT THE BUILDING DENIAL, WHICH IS ENCLOSED. I CAN PULL UP THE BUILDING DENIAL ON THE SCREEN IF YOU'D LIKE. I MEAN, I, I DIDN'T FIND, THROW AWAY A SINGLE PIECE OF PAPER, SO I SURE. THAT'S OUR FEBRUARY SUBMISSION. THIS IS JUST A SMALLER SUBMISSION. IT WAS A, THIS IS A FEBRUARY, FEBRUARY WHERE THAT'S DEPENDS ON WHERE YOU'RE TALKING. SO IT'S A WHOLE NEW SIGN THAT'S NOT INCLUDED IN THE FEBRUARY SUBMISSION? NOPE, IT'S THE SAME SIGN. OKAY. SO IT WOULD BE IN THE FEBRUARY SUBMISSION. OH, HERE IT'S RECEIPT CLIP. YOU CAN GIMME THIS ONE. THIS ONE. [00:15:02] SO THE VARIANCES I JUST DISCUSSED ARE THE FIRST THREE THERE THAT ARE ON THE FIRST PAGE OF THE APRIL 8TH BUILDING PERMIT DENIAL. AND THAT'S ALL RELATED TO ONE SIGN? CORRECT. OKAY. AND IT'S THIS ELEVATION AND SIGN RIGHT HERE? YEAH, BUT I'M TRYING TO, IT'S IT'S ON THE TARRYTOWN ROAD SIDE. YEP. RIGHT HERE. OKAY, GOT IT. I HAVE THE NUMBERS . SO THE NEXT VARIANCE, SO THIS WOULD BE THE FOURTH ON THE BUILDING PERMIT DENIAL IS RELATED TO THE SOUTHERN ELEVATION. THAT IS THE ELEVATION THAT IS FACING THE TEAM MEMBER PARKING LOT THAT'S IN THE CITY OF WHITE PLAINS. AGAIN, THAT IS A CHICK-FIL-A LETTERING SIGN THAT HAS BEEN REDUCED IN SIZE SO THAT IT IS ZONING COMPLIANT IN SIZE. HOWEVER, IT IS THE THIRD WALL SIGN WHERE WE ARE ALLOWED TWO WALL SIGNS BY RIGHT, BECAUSE WE ARE A CORNER LOT. UH, NOW I HIGHLIGHT HERE WE'RE NOT EXACTLY A CORNER LOT. WE'RE ACTUALLY THREE CORNER LOTS. AGAIN, WE'RE SURROUNDED BY ROADWAYS ON ALL SIDES, WHICH IS A VERY UNIQUE CHARACTERISTIC FOR A PARCEL OF PROPERTY IN THE TOWN OF GREENBURG. UM, WE WERE ASKED BY THE PLANNING BOARD DURING THE PLANNING BOARD REVIEW PROCESS TO ENHANCE THAT ELEVATION AND THE FACADE OF THAT ELEVATION. SO IT LOOKED MORE LIKE A FRONTAGE, UM, BECAUSE HOW IT WILL BE SEEN FROM THOSE TRAVELING NORTH ON TERRYTOWN ROAD INTO KIND OF THE CORRIDOR IN THE TOWN OF GREENBURG. UH, SO AGAIN, IT, IT IS VITAL HERE TO HAVE SIGNAGE ON THIS SIDE. THERE WOULD BE NO OTHER INDICATORS FOR THOSE FOLKS TRAVELING NORTH ON TERRYTOWN ROAD IF THIS SIGN WAS ELIMINATED. NORTHBOUND TRAFFIC. SO TRAFFIC COMING FROM WHITE PLAINS INTO GREENBERG WOULD NEED TO SEE THIS SIGN SO THAT THEY CAN TAKE THE RIGHT HAND TURN ONTO COUNTY CENTER ROAD AND ACCESS THE PROJECT SITE THROUGH THE COUNTY CENTER ROAD DRIVEWAY, WHICH IS UP HERE. THIS WILL HELP DISPERSE TRAFFIC FROM THE TERRYTOWN ROAD AND OLD KENSICO ROAD INTERSECTION. THE BUILDING ELEVATION ON THIS SIDE IS 300, APPROXIMATELY 340 FEET FROM THIS LOT LINE HERE AND FROM THIS INTERSECTION. UM, SO AGAIN, HAVING THAT ADDED SIGNAGE THERE, WHICH WOULD BE THE ONLY INDICATOR OF THE PROJECT SITE FOR THOSE TRAVELING NORTH ON TERRYTOWN ROAD IS VITAL. AND THAT'S WHY WE ASK FOR PERMISSION FOR AN ADDITIONAL WALL SIGN. UH, IN ADDITION, THERE WILL BE FOLKS THAT WALK FROM COUNTY CENTER EVENTS TO THIS PROJECT SITE. AND SO THEY'LL BE WALKING FROM COUNTY CENTER, WHICH OF COURSE IS OVER HERE. UM, THEY WILL NEED TO LOCATE THE CHICK-FIL-A TO BE ABLE TO WALK TO THE RESTAURANT. THE NEXT SET OF VARIANCES THAT ARE ON YOUR BUILDING PERMIT DENIAL ARE RELATED TO THE PROPOSED MONUMENT SIGN OR THE YARD SIGN, EXCUSE ME. AND THAT'S THIS BLUE HATCH RIGHT HERE. 20 SQUARE FEET OF THE MONUMENT SIGN IS PERMITTED. WE ARE PROPOSING 32.98 SQUARE FEET. THE JUSTIFICATIONS HERE ARE THAT THIS ALERTS DRIVERS DRIVING SOUTH ON TERRYTOWN ROAD TO ENTER INTO THE TURN LANE, LEFT HAND TURN LANE AT THIS INTERSECTION AS EARLY AS POSSIBLE. IF IT IS TOO LATE AND THEY REALIZE, UH, THEY DON'T REALIZE IN TIME THAT THEY HAVE TO MAKE THIS LEFT HAND TURN, THAT CAN POTENTIALLY RESULT IN A DELAY BACKING UP TRAFFIC, PEOPLE TRYING TO MERGE. I THINK IT'S THREE LANES IN THAT YOU POTENTIALLY WOULD'VE TO CROSS TWO LANES INTO THE LEFT HAND TURN LANE. AND I'LL HAVE PHIL SPEAK TO THAT AS WELL WITHOUT THIS MONUMENT SIGN IN THIS LOCATION. UM, IT'S REALLY IS THE ONLY SIGN THAT IS GOING TO INDICATE THE PROJECT FROM THIS INTERSECTION. YOU'LL SEE THE ORIENTATION OF THIS BUILDING. THERE IS A WALL SIGN OF COURSE, ALONG THE FRONTAGE THAT'S FACING OLD KENEL ROAD AND CANNOT BE SEEN FROM THIS INTERSECTION HERE FOR TRAVELERS ON TERRYTOWN ROAD SOUTH. THE PROPOSED MONUMENT SIGN INCLUDES CHICK-FIL-A INSIGNIA AS WELL AS A READER BOARD. THAT READER BOARD, UH, CAN BE CHANGED ON ANY GIVEN DAY, UH, SO THAT PEOPLE CAN BE ALERTED TO THINGS THAT MIGHT IMPACT THE RESTAURANT COMMUNITY, EVENTS, CELEBRATIONS, OR [00:20:01] RESTAURANT INFORMATION. THE NEXT AREA OF VARIANCE RELATED TO THAT MONUMENT SIGN IS A SETBACK REQUIREMENT. SO YARD SIGNS OR MONUMENT SIGNS ARE ALLOWED TO BE IN THE FRONT YARD OF A PROJECT SITE. UH, BUT THEY HAVE TO COMPLY WITH THE SIDE YARD SETBACK. SO AGAIN, THE MONUMENT SIGN IS HERE. THIS IS THE FRONT LOT LINE OF THE PROJECT SITE. TERRYTOWN ROAD LOT LINE IS THE SIDE YARD. SO A 40 FOOT SIDE YARD IS REQUIRED. WE'RE PROPOSING 11.71 FEET FROM TERRYTOWN ROAD LOT LINE, WHICH IS APPROXIMATELY RIGHT HERE AT THE EDGE OF THOSE HEDGE EDGE OF THOSE HEDGES. UM, THE JUSTIFICATIONS HERE ARE AS IF WE WERE TO COMPLY WITH THAT 40 FOOT SETBACK THAT PUTS THE MONUMENT SIGN ROUGHLY IN THIS AREA ABOUT 30 FEET INWARD AND THEREFORE WOULDN'T SERVE THE PURPOSE OF ALERTING SOUTHBOUND TERRYTOWN ROAD DRIVERS AT THAT INTERSECTION TO MAKE THAT LEFT ONTO OLD KENSICO ROAD. ADDITIONALLY, THAT YARD SIGN RIGHT HERE, WHILE IT'S ONLY 11.7 FEET FROM THE LOT LINE, IT'S 50 FEET FROM THE EDGE OF PAVEMENT OF TERRYTOWN ROAD BECAUSE WE CAN ACCOUNT FOR ALL THAT GREEN SPACE. THIS CANOPY RIGHT HERE, THIS BOARD PREVIOUSLY GRANTED AN AREA SIDE YARD SETBACK VARIANCE FOR THAT CANOPY, WHICH IS 6.8 FEET FROM THE LOT LINE. SO IT'S THIS AREA RIGHT HERE. THE MONUMENT SIGN IS WITHIN THAT SETBACK THAT THIS BOARD PREVIOUSLY GRANTED. IT ALSO ALLOWS THE MONUMENT SIGN TO BE A BIT LOWER AND NOT AS HIGH BECAUSE IT'LL BE MORE PREVALENT. THE LAST VARIANCE THAT'S REQUESTED IS THE, UM, SI YARD SIGN CLEARANCE. SO AS YOU'LL SEE DOWN BELOW, UH, IT HAS A BRICK FACADE, UH, WITHOUT ANY OPENINGS AT THE BOTTOM AS OPPOSED TO A POLE SIGN. UH, THAT WAS AT THE PLEASURE OF THE PLANNING BOARD WHEN WE WERE GOING THROUGH THE PLANNING BOARD PROCESS. THAT BRICK FACADE WILL MATCH THE STONE WORK, UH, THAT'S USED ON THE BUILDING ITSELF AND THROUGHOUT THE PROJECT SITE. UH, THE CODE REQUIREMENT IS THAT IT DOESN'T HAVE THE FIVE FOOT CLEARANCE UNDERNEATH THE SIGN WITHIN 20 FEET OF A PROPERTY LINE. SO IF WE WERE NOT WITHIN 20 FEET OF A PROPERTY LINE, WE COULD HAVE THAT MONUMENT SIGN AS IS. HOWEVER, WE ARE 50 FEET FROM THE TERRYTOWN ROAD EDGE OF PAVEMENT. UH, AND THERE ARE NO SITE DISTANCE ISSUES, WHICH IS KIND OF THE SPIRIT AND INTENT OF THAT PROVISION OF THE CODE. AGAIN, THERE ARE NO SENSITIVE RECEPTORS. WE ARE ACROSS THE STREET FROM NESTOS, UM, AND ACROSS TERRYTOWN ROAD FROM OTHER COMMERCIAL OPERATIONS. I DID HAVE A FEW QUESTIONS ON THE BUILDING DETERMINATION ITSELF AS I WAS PREPARING THIS EVENING. UM, ONE IS THE WELCOME FRIENDS AND FAMILY SIGN THAT'S RIGHT HERE ADJACENT THE FRONT, UM, THE FRONT DOOR. WE'VE MINIMIZED THAT IN SIZE, BUT I DO BELIEVE WE ALSO NEED A VARIANCE IF THAT'S CONSIDERED A WALL SIGN. UM, I'M NOT SURE IT IS. I CERTAINLY DEFER TO YOUR BUILDING DEPARTMENT. UM, AND RELATED TO OUR SECOND WALL SIGN, WHICH IS THE LARGER WALL SIGN ON TERRYTOWN ROAD, THE QUESTION BEING IT'S A SECOND WALL SIGN. UM, SO WE WERE, I WAS A BIT CONFUSED AS TO WHETHER ALL THE LETTERING HAS TO BE TWO FEET OR IF THE KEY LETTERING OF THE C IS FOUR FEET AND THE REMAINDER TWO FEET. I JUST WANTED TO MAKE SURE WE HAD THE AREA VARIANCES ACCURATELY DEPICTED. ALL, ALL OF THE AREA VARIANCES HAVE BEEN DEPICTED CORRECTLY. OKAY. SO I, I CAN HAND IT OVER TO PHIL TO TALK ABOUT THE TRAFFIC SAFETY ELEMENTS OF ALL OF THIS, WHICH I THINK WOULD BE HELPFUL IN YOUR DELIBERATIONS OR WE CAN RIGHT BEFORE ANSWER QUESTIONS. OKAY. BEFORE WE DO THAT. YEAH, YOU, YOU SAID A LOT I KNOW. AND UM, I DID COMMEND YOU ON YOUR LAST PRESENTATION THAT SAYS ONE OF THE MOST THOROUGH THAT I HAD SEEN, BUT THIS ONE HERE, UM, IS ACTUALLY QUITE CONVOLUTED AND CONFUSING. SO IF WE COULD, 'CAUSE I'M SURE MY FELLOW BOARD MEMBERS ARE IN THE SAME QUANDARY THAT I AM. AND I DO APOLOGIZE, I HAD A WATER MAIN BREAK AT WORK, SO I'M GONNA BE ON NEWS 12 TOMORROW MORNING. SURE. UM, BUT IF WE COULD JUST GO BACK FOR A MOMENT AND, AND IF WE COULD JUST [00:25:01] BREAK THIS DOWN. LEWIS SQUARES THAT PAGE. YEAH, WE'RE GOOD RIGHT HERE. AND JUST DEAL WITH YOUR SUBMISSION A ONE AND LET US DISCUSS WHAT IT IS IN EACH ONE OF THESE. WOULD THAT BE HELPFUL BOARD AS TO, ARE YOU LOOKING AT SG TWO? UH, YES. HERE I CAN PULL IT RIGHT UP ON THE SCREEN. I HAVE THIS SIDE RIGHT. IF WE COULD JUST GO THROUGH EACH ONE YEP. IN TERMS OF WHAT YOU'RE ASKING, UM, WHETHER IT BE HEIGHT, ELEVATION, HOW FAR IT IS FROM THE ROAD. CLEARLY YOU'RE GONNA NEED A VARIANCE BECAUSE WE ONLY ALLOW YOU TWO WALL SIGNS AND YOU WANT THREE, I BELIEVE. UM, THE BUILDING DEPARTMENT IS ALSO JUST ANSWERED YOU IN TERMS OF THE WELCOME SIGN BEING ANOTHER WALL SIGN. SO WE WE'RE GOING TO JUST KIND OF MAYBE CRAWL THROUGH THIS SO THAT WE'RE CLEAR. 'CAUSE MAYBE YOU GET ONE AND NOT ANY OTHERS, BUT WE'LL FIGURE THAT OUT AS WE GO FORWARD. OKAY? YEP. ABSOLUTELY. ALRIGHT. SO A ONE, WHAT, WHAT IS IT THAT YOU'RE ASKING? SO THERE ARE ACTUALLY, NO, THIS IS A ONE. THERE ARE ACTUALLY NO AREA VARIANCE OR SIGN VARIANCES THAT ARE NEEDED FOR THESE SIGNS. OKAY. SO THAT WAS AN EASY ONE. THAT'S AN EASY ONE THAT SAYS WE GET ONE. WE COULD GET ONE. ALRIGHT, SO I THINK THIS IS, THIS ONE'S WHERE IT'S COMPLICATED. UM, THIS IS A TWO, THIS IS A TWO, THIS IS THE TERRYTOWN ROAD ELEVATION. OKAY. ALRIGHT. AND SO BECAUSE THIS IS DEEMED OUR SECOND WALL SIGN, UM, THE C WITH THE, THE ROOSTER HEAD, UM, THAT CAN ONLY BE FOUR FEET PERMITTED BY CODE. MM-HMM . WE'RE PROPOSING FIVE FEET. OKAY. UH, THE REMAINDER IS TWO FEET BY CODE. WE'RE PROPOSING 2.5 FEET. OKAY. IN HEIGHT. AND THE ONE IN MIDLAND MIDWAY SHOPPING CENTER. I'M SORRY, LET, LET ME JUST MAKE SURE EVERYONE IS CLEAR. UH, TWO FEET IS 24 INCHES, 2.5 IS 30 INCHES. SO THERE'S A SIX INCH DIFFERENCE. NOT, NOT EVERYBODY 'CAUSE I WASN'T INITIALLY , SO I HAD TO GO BACK AND LOOK AT IT AND SAY, OH, SO YOU'RE LOOKING FOR A SIX INCH DIFFERENCE IN YOUR, UH, IN YOUR VARIANCE? JUST ON THE, JUST ON THE H, THE H TO THE A. YEP. BIG TO THE C, RIGHT? NO H RIGHT. H TO THE A. AND THEN THE C, THEY WANT TO BE FIVE FEET INSTEAD OF FOUR INSTEAD OF FOUR. YES. THE H TO H TO THE A. NOW HH, YES. SO NOW, WHICH FILL A JI THE HICK. THE HICK FILET FIL-A. OKAY, GOTCHA. NOW ON CENTRAL AVENUE IN THE MIDWAY MIDLAND MIDWAY SHOPPING CENTER, DID YOU ALL DO THAT? UH, SIGNAGE FOR THAT, FOR THAT ONE AS WELL? I DON'T RECALL WHAT WE DID ON THE C FOR THAT ONE. WE DIDN'T GIVE IT TO THEM. WE, WE DIDN'T GIVE IT TO THEM SO THAT THAT APPLICATION WAS DONE DIRECTLY BY THE SIGN, UH, CONTRACTOR. OKAY. OKAY. NO, THE REASON I'M SAYING IS I JUST WANNA BE ABLE TO VOTE ON THIS THE WAY I FEEL WOULD BE APPROPRIATE FOR THAT C AND I DO THINK, UM, THE ONE WITH THE MIDWAY SHOPPING CENTER, UM, YOU KNOW, WE ARE HEARING VISIBILITY ISSUES FROM WITHIN THE PARKING LOT ITSELF THERE. UM, SO IT MAY BE HELPFUL TO, YOU KNOW, DRIVE AND, AND LOOK AT THOSE SIGNS AS WELL TO PUT IT INTO CONTEXT. OKAY. CAN YOU HELP ME UNDERSTAND THIS CHICK-FIL-A SIGN? IS THAT LIKE RED LED THAT'S LIT, THAT IS LIT, OR IS IT LIT FROM BEHIND THAT THE WALL IS LIT AND SO IT POPS OUT. WHAT, WHERE, WHAT IS THE, WHAT DOES THIS LOOK LIKE AT NIGHT? THAT'S A TOUGH ONE. SO RED TIM FRY TAG WITH BOWLER ENGINEERING, UH, THESE ARE BACKLIT SIGNS. SO THE RED WILL GLOW WITH THE LED UH, LIGHTING WITHIN THE BACK OF THE SIGN ITSELF. SO YOU'LL SEE THE RED GLOW OF THE SIGN. BUT IS THERE A, IT'S A RED GLOW ON A DARK. I MEAN, IS THE, IS THE WALL LIT AT ALL? NO, IT'S INTERNALLY LIT OF THE SIGNAGE ITSELF. SO IT'S JUST, THERE'S JUST A RED LIGHT, NO WHITE LIGHTS. CORRECT. THERE'S NO FLOOD LIGHT ON THE SIGN ITSELF OR ON, ON BEHIND THE SIGN ONTO THE WALL. THAT'S RIGHT. OKAY. OKAY. AND IT SHOWS UP BECAUSE IT'S A LIGHT COLOR BACK WALL. THE, THE RED IS TRANSPARENT. SO THE LED LIGHTS ARE ACTUALLY WITHIN THE SIGN ITSELF. RIGHT. SO THE, IT LIGHTS UP THE RED, UH, SCRIPT TEXT. OKAY. OKAY. SO THE ONLY VARIANCE NEEDED HERE, REQUESTED HERE IS RELATED TO THE SIZE, THE HEIGHT. MOVING ON TO, UH, WELL THERE'S NO PAGE HERE, BUT THIS IS THE COUNTY CENTER ROAD ELEVATION. UHHUH . WE INITIALLY HAD A CHICK-FIL-A INSIGNIA WALL SIGN. WE'VE TAKEN THAT OFF, WHICH ELIMINATED, UM, VARIANCES. IS THAT A THREE? THIS DOESN'T HAVE A NUMBER BECAUSE IT'S NOT A SIGN, IT DOESN'T HAVE A SIGN ON THIS SIDE. OKAY. BUT IT IS PAGE, IT'S THIS ONE, PAGE SEVEN. OKAY, BUT THAT DOESN'T REQUIRE A VARI. NOPE, THERE'S NO SIGN THERE. THERE'S NO SIGN. OKAY, NOW WE'RE MOVING ON TO A THREE. OKAY. SO THIS IS THE ZONING [00:30:01] CODE COMPLIANCE SIZE. THIS IS FACING THE WHITE PLAINS PARCEL. THE ONLY VARIANCE WE NEED HERE IS THREE WALL SIGNS WHERE TWO ARE PERMITTED. GOT IT. WE'RE DOING, THIS IS A MUCH BETTER WAY TO PRESENT, BY THE WAY. WE'RE MOVING NOW. YEAH. NOW THIS IS JUST GOING BACK THROUGH THE, THE SIGN. SO THIS IS A ONE, THESE ARE THE DIMENSIONS. GOT IT. UM, BUT WE'LL SKIP OVER TO THE YARD SIGN, WHICH IS M TWO, M TWO RIGHT HERE. SO YOU'LL SEE HERE WE HAVE THE CHICK-FIL-A SIGN ITSELF AND THEN THE READER BOARD THAT CAN CHANGE ON ANY GIVEN DAY. WE NEED, UH, 20 SQUARE FEET IS PROPOSED, OR EXCUSE ME, REQUIRED. AND 32.98 SQUARE FEET IS PROPOSED. SO THAT'S ONE VARIANCE WHICH IS RELATED TO THE SQUARE FOOTAGE OF THE SIGN ITSELF. OKAY. UM, THE NEXT VARIANCE THAT'S NEEDED FOR THIS ONE IS WE ARE 11.71 FEET AWAY FROM THE TERRYTOWN ROAD LOT LINE WHERE WE NEED TO BE 40 FEET AWAY FROM THAT LOT LINE. BUT WE'RE 50 FEET FROM THE EDGE OF PAVEMENT OF THE ACTUAL TERRYTOWN ROAD. OKAY. AND THEN THE LAST VARIANCE NEEDED FOR THIS YARD SIGN IS THIS BOTTOM AREA THAT IS THE BRICK FACADE. THE CODE REQUIRES IT TO BE OPEN UNDERNEATH AND TO BE TWO POLES OR ONE POLE. IT WAS THE PLANNING BOARD THAT RECOMMENDED TO MAKE IT INFILLED. WHEN WE WERE GOING THROUGH THE PLANNING BOARD PROCESS, WE SIMPLY HAD THAT MARKER OF WHERE THE MONUMENT SIGN WOULD BE. WE HADN'T HAD IT DESIGNED YET. UM, AND THAT WAS BROUGHT UP AT A MEETING. SO THE MONUMENT STYLE VERSUS THE POLE SIGN. I'M SORRY. NO, THEY WANTED THE MONUMENT STYLE SIGN LIKE YOU SEE HERE INSTEAD OF THE POLE SIGN. IT DOES LOOK MORE IMPRESSIVE. YEAH. AND UM, YOU KNOW, ONE OF THE REASONS WE HAVE MR. GREELEY HERE IS BECAUSE I BELIEVE THE SPIRIT AND INTENT OF THAT REQUIREMENT IS FOR SIGHT DISTANCE ISSUES. UM, BECAUSE IT IS ALLOWED IN THE FRONT YARD. BUT HERE AGAIN, WE'RE 50 FEET AWAY FROM THE EDGE OF PAVEMENT ON TERRYTOWN ROAD. OKAY. QUESTION FOUR. BUILDING HAVING A VARIABLE MESSAGE BOARD IS OKAY IN THIS LOCATION. THE RESTRICTION IS TOO MOVABLE AND FLASH. SO AS, AS LONG AS IT'S JUST LETTERING THAT THEY'RE TAKING OFF AND PUTTING BACK ON, THAT'S, THAT'S NOT AN ISSUE. SO THIS IS NOT A LED PANEL? THIS IS NO, IT'S MANUAL. ALL TRADITIONAL PUT IN THE PLASTIC LETTERS AND SLIDE 'EM. OKAY. OLD SCHOOL. THIS IS REAL EASY NOW. OKAY. SO MY MISUNDERSTANDINGS WERE NOT MISUNDERSTANDINGS. WHAT WAS CONFUSING ME? WELL, WE ALL KNOW THAT THIS IS A HIGHLY IRREGULAR SIZE LOT, AN ISLAND LOT. UM, IT DOESN'T FACE NORTH, SOUTH, EAST OR WEST. THERE IS A NORTH ARROW ON THE PLAN. BUT WHEN YOU'RE SAYING YOU'RE GOING NORTHBOUND ON TARRYTOWN ROAD VERSUS EASTBOUND ON AQUEDUCT ROAD VERSUS NORTHBOUND, I AM LOST. NO, THERE'S, SO YOU WOULDN'T BE ABLE TO DEPICT IT CORRECTLY WITHOUT LIKE A GPS DEVICE BECAUSE OF HOW IT IS. BUT WHEN I'M SAYING NORTHBOUND ON TARRYTOWN ROAD, I'M SAYING YES. FROM WHITE PLAINS. AWAY FROM WHITE PLAINS, YEAH. INTO GREENBURG GREENBURG HEADING WHAT I WOULD CALL WEST TOWARDS TARING. THE THE PONSE BRIDGE? YES. OKAY. SO THEN WHERE YOU WERE SAYING THE LOCATION OF THAT MONUMENT SIGN IS CRUCIAL BECAUSE YOU WOULD BE ABLE TO SEE IT SOON ENOUGH SO THAT YOU CAN MAKE A LEFT TURN AS IF YOU'RE GOING ON TARRYTOWN ROAD TOWARDS WHITE PLAINS AND THERE IS A LEFT TURN LANE THERE. SO YOU NEED TO BE ABLE TO SEE THAT MONUMENT SIGN IN TIME TO TURN INTO THAT LEFT TURN LANE. OKAY. SO IF YOU CAN ENVISION BEING IN THIS BEFORE YOU COMMENT ON THAT, I, I WOULD, UM, CAUTION YOU AGAINST THE WORD VITAL. UM, NONE OF THIS, IF IT MEANS SOMEBODY MISSES AND HAS TO DRIVE ONE MORE BLOCK IS NOT VITAL. AND WE'RE TALKING ON THEIR FIRST VISIT TO COME SEE YOU. BUT I, AND THE SIGNS ARE NOT JUST [00:35:01] BEING SEEN OR DISTRACTED BY FOR PEOPLE INTENDING TO CHICK-FIL-A, BUT THE TENS OF THOUSANDS OF PE DRIVERS EVERY DAY ON THESE ROADS. SO THE FACT THAT YOU SEEM CONCERNED THAT THEY WON'T SEE FOUR FOOT LED LIT RED SIGNS ON THE BUILDING SO THAT A 10 FOOT HIGH SIGN NEEDS TO BE PUT ON THE CORNER WITH A GIANT LOGO THAT'S, UM, THE LOGO'S LARGER THAN SOUND WRITING. I MEAN IT'S UH, IT'S 30 INCHES. IT'S JUST ANOTHER BIG ADVERTISEMENT ESSENTIALLY. AND SO WHAT I MEANT BY VITAL AND, AND MAYBE A PORCH CHOICE OF WORDS IS CERTAINLY SOME PEOPLE MIGHT SAY, OH, I MISSED THE TURN. LET ME DRIVE, CONTINUE TO DRIVE ON TERRYTOWN ROAD. UM, BUT I THINK THE FIRST REACTION OF MOST DRIVERS IS TO TRY NOT TO WASTE TIME AND VEER INTO THAT LEFT HAND TURN LANE. BECAUSE IF YOU ARE, IF YOU MISS YOUR TURN HERE YOU ARE DRIVING INTO WHITE PLAINS, YOU CAN'T MAKE A LEFT ONTO COUNTY CENTER ROAD THERE. YOU HAVE TO DRIVE INTO WHITE PLAINS AND THEN YOU ARE WELL AWAY FROM THE LOCATION AND ON THE FIRST TIME THAT THAT MAY HAPPEN AND THEY MAY GET LOST. THE MY CONCERN, AND YOU'RE ABOUT TO TALK ABOUT THE SAFETY OF THEM KNOWING THAT THEY WANNA MAKE THIS TURN INSTEAD OF GOING A BLOCK PAST OR TWO BLOCKS PAST, IS THAT FROM MY KNOWLEDGE, ANYTIME YOU HAVE A SIGN THAT HAS TO BE READ, IT INCREASES, IT DECREASES SAFETY. IT DOESN'T INCREASE READ OR R-E-A-D-R-E-A-D THAT ANYTIME YOU HAVE TO READ A SIGN. HOW'S THAT? IS THAT BETTER? UM, WHEN YOU HAVE TO READ A SIGN, AGAIN, MOST OF THE TRAFFIC ISN'T GOING TO CHICK-FIL-A AND YOU HAVE ALL OF THESE DRIVERS TRYING TO READ A SIGN AS THEY'RE DRIVING TO SEE IF IT'S IMPORTANT TO THEM. SO I'M CURIOUS AS TO WHY YOU'RE SAYING THIS IMPROVES SAFETY. WELL, WHAT I WOULD SAY IS IT IMPROVES SAFETY FOR THOSE WHO ARE TRAVELING TO THE LOCATION. YES. CERTAINLY EVERY TIME YOU HAVE TO READ OR SIMPLY DO ANYTHING WHILE YOU'RE DRIVING, UM, THAT MAY BE A DISTRACTION. BUT THE HARDER IT TAKES TO READ WHAT YOU ARE LOOKING FOR AND TRYING TO READ THAT LEADS TO DISTRACTED DRIVING. SO THE, THE, THE MORE INDICATORS OF THE PROJECT SITE, THE LOT LARGER SIZE OF THE LETTERING THAT CAN BE SEEN FROM GREATER DISTANCES MAKES IT EASIER TO LOCATE THE PROJECT FOR THOSE WHO ARE TRAVELING TO THE LOCATION. IF YOU'RE NOT TRAVELING TO THE CHICK-FIL-A OR TRYING TO FIND IT, YOU'RE SIMPLY JUST GOING TO DRIVE BY. OH, YOU ANSWERED MY QUESTION. I'M GOOD. YOU'RE GOOD, I'M GOOD. MY CONCERN IS THE SIGN THAT YOU HAVE, WHEN YOU TALK ABOUT PEOPLE COMING FROM THE COUNTY CENTER, I DON'T KNOW THE NECESSITY TO HAVE THAT SIGN THERE. SO THAT IS, LET ME JUST PULL IT UP. THAT IS ACTUALLY, WHERE ARE WE? IT'S JUST THE ONE, IT'S JUST THAT ONE. IT'S ANOTHER LED SIGN, RIGHT? WHAT'S THAT? IT'S ANOTHER BIG LED SIGN. IT'S ACTUALLY SIZES CODE COMPLIANT. UM, IT IS AN LED SIGN AT NIGHT. THAT IS THE ONLY INDICATOR FROM THOSE TRAVELING WEST ON TERRYTOWN ROAD FROM WHITE PLAINS. NO, NO, I WASN'T TALKING ABOUT THAT. YOU WERE TALKING ABOUT PEOPLE WALKING OVER FROM THE COUNTY CENTER IF I REMEMBER CORRECTLY. YEAH. SO IF YOU ARE, LEMME PULL THIS UP. WALKING FROM COUNTY CENTER ON THESE SIDEWALKS AND THEN OVER TO THIS SIDEWALK, RIGHT. IF YOU'RE IN THIS AREA, THAT'S THE ONLY CHICK-FIL-A INSIGNIA THAT YOU'RE GONNA SEE. THERE'S NO OTHER SIGN THAT WOULD BE VISIBLE. NOTHING ELSE. NOTHING ELSE. 'CAUSE WE GOT RID OF THE WALL SIGN ON THIS SIDE AND THE WHITE PLAINS AND THERE WAS A WHITE PLAINS SIGN HERE AND THAT IS NOT GONE. YEP. ALRIGHT. CAN I ASK HOW MANY SIGNS IN TOTAL ARE YOU PUTTING ON THIS SITE? THREE. 1, 2, 3, 4. THAT WOULD BE FIVE INCLUDING THE WELCOME SIGN? NO, EVERY SINGLE SIGN. ALL THE SIGNS YOU MEAN INCLUDING THE, THE SIGNS, TRAFFIC SIGNS. ALL THE SIGNS, YEAH. I DON'T KNOW IF I HAVE THAT NUMBER READILY AVAILABLE. THEY ARE ALL THIRD PAGE, THE TRAFFIC SIGNS ALL, I THINK THERE'S SOME LIKE 40, 50 SIGNS STOP SIGNS. THERE ARE LIKE STOP SIGNS, TRAFFIC SIGNS AND YIELD SIGNS STOP. AND THOSE ARE, THOSE ARE ALL MANDATED BY THE TOWN STOP SIGNS GO THIS WAY, GO THAT WAY. STAY IN THIS LANE. GO TO THE I [00:40:01] AND YOU WERE TALKING ALSO, UH, WE HAD TALKED ABOUT WHAT SIGNS, IF YOU WERE GOING TO PUT ON, UM, I THINK ON OLD PENS CODE OR SOMETHING ALERTING PEOPLE WHEN THERE WAS A BACKUP OF TRAFFIC. ARE THOSE SIGNS, OTHER SIGNS THAT ARE GOING IN DI THAT MAYBE OF CODE? I'M JUST TRYING TO GET A FULL PICTURE OF HOW MANY SIGNS ARE ON THIS SITE. BUT THESE ARE DIRECTIONAL SIGNS YOU'RE TALKING ABOUT. WELL, ANY CHICK-FIL-A LOGOS BEYOND THESE DIRECTIONAL SIGNS, THOSE ARE ALL INCLUDED IN THIS PACKAGE. SURE. SO YOU'LL SEE ON THAT. YEAH, YOU'RE RIGHT. SO ON THE SCREEN RIGHT HERE IS A SITE PLAN SHOWING ALL OF THE TRAFFIC DIRECTIONAL SIGNAGE. THIS ISN'T ADVERTISEMENT SIGNAGE, THIS IS YOUR D-O-T-M-U-T-C-D SIGNAGE, DOT STOP SIGNS, HANDICAP PARKING SIGNS. THAT WAS ALL INCLUDED IN THIS PACKAGE FOR TRANSPARENCY FOR THIS BOARD. AND IF YOU SCROLL THROUGH THAT, YOU'LL SEE IT'S STOP SIGN THERE. THERE ARE ALSO HANDICAP SIGNS. DO NOT ENTER SIGNS. DRIVE THROUGH DIRECTIONAL SIGNAGE. SO ON THIS PAGE HERE, YOU CAN SEE THERE'S NO ADVERTISEMENT ON THIS DRIVE THROUGH DIRECTIONAL SIGNAGE. IT, IT STRICTLY SAYS DRIVE THROUGH WITH AN ARROW. AND I BELIEVE THAT WAS THE SIGNAGE YOU WERE TALKING ABOUT OF HELPING DIRECT TRAFFIC TO THE DRIVE THROUGH. THERE'S NO CHICK-FIL-A SCRIPT OR LOGO ON THAT? NO. I MEAN, YOU HAVE LIKE TEAM MEMBER CROSSING SIGNS AND ALL KINDS OF THINGS. SO THERE'S A, A CURBSIDE ORDER SIGN THAT'S INCLUDED IN THAT DETAIL THAT IS RED. THERE'S A DELIVERY DRIVER SIDE FOR A DEDICATED PARKING SPOT FOR DELIVERY DRIVERS LIKE UBER EATS. OKAY. NO ADVERTISEMENT. UH, PEDESTRIAN CROSSING SIGN, NO ADVERTISEMENT AND TEAM MEMBER CROSSING SIGN THAT'S YELLOW FOR IDENTIFICATION OF, OF THE PEDESTRIANS, NOT THE RESTAURANT AND TEAM MEMBER PARKING AND CURBSIDE ORDERS. BUT AGAIN, THAT WAS INCLUDED IN THE SIGNAGE PACKAGE. THE, THE BUILDING DETERMINATION DID NOT IDENTIFY ANY VARIANCES NEEDED FOR THE, FOR THOSE SIGNAGE. NO, YOU'RE, YOU, IT, MY CURIOSITY IS THAT YOU'RE ASKING FOR VARIANCES FOR I GUESS THREE OR FOUR BIG SIGNS. THERE IS A SIGN OVERLOAD ISSUE THAT IS OF CONCERN TO ME THAT WE'RE ADDING MORE BIG SIGNS. OBVIOUSLY THE OTHER SIGNS THAT ARE REQUIRED ARE IMPORTANT AND LEGAL. WE ARE ADDING THE WHOLE MONUMENT SIGN AND ALL THAT ARE BIG BRIGHT. AND I JUST GET CONCERNED WHEN YOU'RE TALKING 40 TO 50 SIGNS ON ONE LITTLE SITE. AND I'M NOT TALKING ABOUT THE HANDICAPPED PARKING SIGN YOU THAT IT IS, BUT THAT IS PART OF IT. I MEAN, IT'S CONCEPTUALLY, IT'S A LOT OF SIGNAGE. SO THERE ARE NOT 40 TO 50 SIGNS ON THIS SITE. AND ONSITE SIGNAGE IS VERY DIFFERENT PURPOSE THAN THE WALL SIGNAGE AND MONUMENT SIGNAGE. THAT SIGNAGE ATTRACTS PEOPLE TO THE SITE SAFELY. THE ONSITE SIGNAGE IS SMALL. A DA IDENTIFIES CIRCULATION ONCE YOU'RE ON SITE. SO EVERY SIGN WE'RE PROPOSING HAS A PURPOSE. AND I WOULD ASK THIS BOARD TO REVIEW EACH SIGN INDIVIDUALLY FOR ITS PURPOSE. AND HOPEFULLY YOU CAN SEE WHAT WE SEE IS EACH SIGN HAS A PURPOSE. SO GOING ONE BY ONE OF THESE WALL SIGNS AND THE MONUMENT SIGN, THEY HAVE A PURPOSE TO GET FOLKS TO OUR SITE SAFELY. AND, AND PHIL COULD SPEAK BRIEFLY ON, YOU KNOW, THE PURPOSE OF THAT WITH THE MONUMENT SIGN AND THE WALL SIGNAGE WE HAVE PROPOSED FOR TRAFFIC SAFETY AS CHARLIE WAS GETTING TO. UM, IT'S NOT JUST DRIVING PAST AND LOSING THAT CU CUSTOMER, IT'S PREVENTING A TRAFFIC SAFETY ISSUE OR AN ACCIDENT GETTING TO THE SITE. UH, GOOD EVENING, PHILIP GREELEY WITH COLLIERS ENGINEERING AND DESIGN. GLAD TO BE BACK. UM, I'LL BE VERY BRIEF BECAUSE I THINK CHARLIE HAS COVERED A LOT OF THE TECHNICAL DETAILS. UH, I'D LIKE TO START MAYBE WITH THE MONUMENT SIGN. SO AS YOU KNOW, THIS SITE IS IRREGULAR SHAPE AND THAT LEADS TO THE REASONING FOR THE, THE VARIOUS [00:45:01] SIGNS AND SOME OF THESE VARIANCES. THE MONUMENT SIGN ON THE CORNER OF OLD KENSICO AND TARRYTOWN ROAD IS POSITIONED. SO THAT TRAFFIC HEADING EASTBOUND, I'M GONNA CALL ONE 19 EAST WEST JUST FOR, UH, CLARIFICATION PURPOSES. EASTBOUND TRAFFIC HEADING TOWARDS WHITE PLAINS, BECAUSE OF THE SHAPE OF THE LOT AND THE POSITION OF THE BUILDING, IT'S NOT YOUR STANDARD SITUATION WHERE YOU HAVE A BUILDING THAT'S PERPENDICULAR TO THE ROADWAY AND YOU SEE EITHER THE FRONT FACE OR THE SIDE FACE. CLEARLY IN THIS PARTICULAR CASE THAT MONUMENT SIGN IS PURPOSELY THERE FOR PEOPLE ARRIVING FROM THE WEST HEADING EASTBOUND. THE REASON FOR THE VARIANCE IS PRIMARILY BECAUSE OF THE, THE RIGHT OF WAY THAT THE DOT ACQUIRED. IT'S UNUSUALLY WIDE IN THIS SECTION OF ONE 19, AS MR. GOTTLIEB INDICATED, UH, WE ARE AT A POINT WHERE THERE'S ABOUT A 30 FOOT DISTANCE JUST FROM THE, UH, CURB LINE TO THE PROPERTY LINE ALONG THE BUILDING FRONTAGE. AND SO EVEN THOUGH THE REQUIREMENT, UH, YEAH, WE'RE, WE'RE 11 FEET OFF OF THAT PROPERTY LINE, WE'RE OVER 50 FEET FROM THE TRAVEL LANE. AND IF WE GO BACK ANY FURTHER, YOU WON'T SEE THAT SIGN UNTIL YOU'RE PAST THE, THE INTERSECTION OR A PASTURE DECISION POINT. AND FROM A TRAFFIC FLOW AND TRAFFIC SAFETY STANDPOINT, WE HAVE TO TAKE INTO ACCOUNT THE REACTION TIME. THE SPEED LIMIT ON TARRYTOWN ROAD IS 35 MILES AN HOUR. HOWEVER, THE 85TH PERCENTILE SPEED, WHICH IS WHAT WE DESIGNED FOR, IS CLOSER TO 40 MILES AN HOUR AT 40 MILES AN HOUR. UH, SECOND YOU'RE, YOU'RE GOING 58 FEET PER SECOND. SO YOUR REACTION TIME BECOMES CRITICAL IN TERMS OF BEING ABLE TO PICK UP THE SIGN AND MAKE THAT DECISION. NOW FOR THE REPEAT CUSTOMERS, REPEAT CUSTOMERS WILL KNOW WHERE TO GO. HOWEVER, THERE WILL BE CUSTOMERS HERE THAT WILL BE ARRIVING AND THEY MAY NOT BE FAMILIAR, WHETHER IT'S THE FIRST TIME OR UH, THEY COME OCCASIONALLY. UH, IT'S IMPORTANT FOR THAT SIGN TO BE VISIBLE. SO REALLY THE VARIANCE THERE IS BECAUSE OF THE DOT RIGHT OF WAY WIDTH. THAT'S REALLY WHAT IT COMES DOWN TO FROM MY POSITION. IS THAT SIGN LED FROM BOTH SIDES OR JUST ONE SIDE? BOTH SIDES, YOU SEE, YEAH, YOU'LL SEE IT FROM BOTH DIRECTIONS, BUT FROM MY PERSPECTIVE, THE CRITICAL DIRECTION IS EASTBOUND. HEADING TOWARDS WHITE PLAINS IS THE CRITICAL, UM, THE SIGN ON THE, UH, WHAT IS REFERRED TO AS THE WEST SIDE OF THE BUILDING WHERE THE CANOPY IS THAT TRAFFIC COMING UP, AQUEDUCT, WHICH THE HEAVIEST FLOW OF COURSE IS ON TARRYTOWN ROAD, BUT THE VOLUME ON AQUEDUCT IS ACTUALLY ABOUT A THIRD OF THE VOLUME ON ANY ONE DIRECTION ON ONE 19, THAT'S A HEAVY VOLUME. AND COMING UP THAT DIRECTION, THAT'S YOUR LINE OF SIGHT BECAUSE THE MONUMENT SIGN IS GONNA BE PERPENDICULAR TO ONE 19 SO THAT IT CAN BE SEEN FROM THAT DIRECTION COMING UP AQUEDUCT, YOU'RE NOT GONNA SEE, YOU'RE GONNA SEE THE SIDE OF THAT SIGN. SO THE VISIBILITY OF THE BUILDING BECOMES IMPORTANT. AND AGAIN, IT'S YOUR PRE PERCEPTION AND REACTION TIME OF KNOWING WHERE THAT FACILITY IS. THE THIRD SIGN, WHICH IS ON THE SOUTH FACE, IF YOU'RE COMING FROM WHITE PLAINS, AND I THINK MR. GOTLIEB DID A GOOD DESCRIPTION IN TERMS OF WHETHER YOU'RE COMING FROM COUNTY CENTER OR FROM CENTRAL AVENUE OR WHITE PLAINS, AS YOU'RE HEADING WESTBOUND, YOU WANT TO PICK UP THAT SIGN AND BE ABLE TO TURN ON COUNTY CENTER ROAD. YOU DON'T WANT TO GO PAST THERE IF YOU DON'T HAVE TO AND THAT SIGN IS COMPLIANT, BUT BECAUSE WE'RE ASKING FOR AN ADDITIONAL SIGN, THAT'S WHERE THE VARIANCE COMES IN. SO I, I THINK FROM THAT DIRECTION, YOU ACTUALLY HAVE THE, THE, THE LONGER LINE OF SIGHT TO SEE IT, BUT IT'S THE ONLY SIGN COMING FROM THAT DIRECTION THAT YOU'LL BE ABLE TO PICK UP WHETHER YOU'RE WALKING OR YOU'RE DRIVING. SO I THINK THOSE ARE THE KEY POINTS IN TERMS OF, YOU KNOW, FROM A TRAFFIC SAFETY STANDPOINT, YOU WANT PEOPLE TO BE ABLE TO PERCEIVE AND REACT TO THE SIGN. THAT'S THE VISIBILITY AND SAFETY ISSUE. UM, AND THAT'S THE REASON FOR THOSE THROUGH THE THREE SIDES. [00:50:07] ANY OTHER QUESTIONS FROM THE BOARD? WHO DO WE, I GOT CONFUSED AT SOME POINT WHEN THE MONUMENT SIGN YOU'RE SAYING IS VISIBLE FROM TWO DIRECTIONS, WHAT ARE THE EXACT TWO DIRECTIONS? THE ONE, YEAH. NOT DIRECTION. TAR TOWN ROAD IN BOTH DIRECTIONS. TARRYTOWN IN BOTH? MM-HMM. OKAY. CORRECT. ALRIGHT, JUST WANTED TO MAKE THAT CLEAR. I I GUESS MY QUESTION IS, IS HERE YOU'RE SAYING THAT THE PEOPLE COMING IN FROM AQUEDUCT ROAD CAN'T SEE THE MONUMENT SIGN, BUT THEY CAN SEE THE CHICK-FIL-A SIGN ON THE BUILDING, SO THAT WORKS, IT MAKES LOGICAL SENSE. UM, UNDERSTANDING WHY THAT LOGIC DOESN'T HOLD FOR PEOPLE ON TARONE AVENUE. THE, THE SIGN ON THE BUILDING, I'M SORRY. WELL, THIS COMING FROM THE EAST, COMING FROM WHITE PLAINS, THE SIGN ON THE BUILDING ON THAT SIDE IS IMPORTANT FOR PEOPLE TO PICK UP AND SEE SO THAT THEY'RE NOT ALL COMING OUT THE OLD KENKO ROAD. THAT THEY'LL BE ABLE TO SEE THAT SIGN TURN ON THE COUNTY CENTER ROAD AND ENTER ON THAT AT THAT DRIVEWAY. IF THEY ONLY HAVE THE MONUMENT SIGN TO SEE, THEY'LL GO PAST COUNTY CENTER ROAD, PICK UP THE MONUMENT SIGN AND THEN TURN ON THE SCO. AND PART OF THIS WHOLE DESIGN WAS TO SEPARATE THE TRAFFIC TO TRY TO LIMIT THE AMOUNT OF TRAFFIC THAT WOULD BE ON ALL KENCO. SO IF YOU'RE SAYING THAT IF YOU HAD THE SIGN ON THE THIRD WALL, WE'LL CALL IT THAT MM-HMM . THAT WOULD MITIGATE THAT ISSUE THAT YOU JUST DESCRIBED? YES. THAT THE, THE, SO THAT ANYBODY WHO WANTS TO GO THERE WOULD SEE IT LONG BEFORE THEY GET TO THE MONUMENT SIGN. CORRECT. THEY WOULD SEE THE SIGN OF THE BUILDING. CORRECT. OKAY. THE IMPORTANCE OF THE MONUMENT SIGN THAT DIRECTION. YEAH, THE MONUMENT SIGN CRITICAL DIRECTION IS EASTBOUND COMING, HEADING TOWARDS WHITE PLAINS. THEY ALSO HAVE KIND OF THE SAME VIEW AS THE AQUEDUCT PEOPLE BETTER PACK PROUD, PROBABLY NOT REALLY. WHERE'S ADAT? THIS WAY? SO YOU KNOW WHERE GAS IS COMING, YOU CAN SEE BUILDING YOUR EYES IS GOING INTO THE INTERSECTION. IF YOU'RE DRIVING, I'LL CALL IT NORTHBOUND ON AQUEDUCT HEADING TOWARDS TARRYTOWN ROAD. YOUR LINE OF SIGHT TO THE SIDE OF THE BUILDING WHERE WE HAVE THE SIGN IS THE ONE YOU'RE GONNA SEE. YOU'RE NOT GONNA SEE THE MONUMENT SIGN BECAUSE YOU'RE PARALLEL TO IT, BUT YOU'LL ALSO BE ABLE TO SEE THE SIDE OF THE BUILDING SIDE FROM TARRYTOWN, EASTBOUND SLIGHTLY. BUT, BUT, BUT BECAUSE OF THE ANGLE THAT YOU'RE AT ON, ON ONE 19 ON TARRYTOWN ROAD, YOU'RE NOT GONNA BE ABLE TO SEE IT. CLEARLY YOU'RE GONNA SEE THE MONUMENT SIGN IS GOING TO BE THE ATTRACTION TO YOUR EYE. ON THE MONUMENT SIGN. YOU'D MENTIONED, UH, VARIOUS THINGS THAT CAN BE POSTED. COULD YOU GIVE US SOME IDEA OF HOW MUCH READING A PERSON IS LOOKING AT WHILE THEY'RE DRIVING? I MISSED THE QUESTION. IS IT JUST HOURS? IS IT, YOU KNOW, THE DISPLAY ON THE ? OH, IT COULD BE ANYTHING FROM HOURS CLOSED ON SUNDAY. UM, IT COULD BE ANYTHING FROM A COMMUNITY EVENT WHERE THERE'S, UH, YOU KNOW, CONGRATULATIONS TO A LOCAL BASE, A LITTLE LEAGUE TEAM, UM, ANYTHING THAT MIGHT BE HAPPENING ON THE SITE OR NEARBY THE SITE, UM, CELEBRATING GRADUATIONS THAT ARE HAVING A COUNTY CENTER AND SO FORTH. UM, NOW THAT SAID, THAT IS A GREAT WAY TO ENGAGE THE COMMUNITY AND THAT'S WHAT CHICK-FIL-A LIKES TO DO WITH THE OWNER AND THE OPERATOR THAT'S THERE. IF WE DID GET RID OF THAT READER BOARD, THE SIZE OF THAT SIGN THEN BECOMES COMPLIANT. UM, IT WOULD BE CHICK-FIL-A'S PREFERENCE TO HAVE THAT MESSAGING FOR THAT PERSONAL TOUCH FOR THE COMMUNITY. UM, BUT BY ELIMINATING THE READER BOARD, THE SIZE OF THAT SIGN DOES BECOME COMPLIANT WITH THE CODE. ANOTHER WAY HAVE, HAVE YOU CONSIDERED THAT INSTEAD OF HAVING THE CHICK-FIL-A PART, WHICH IS THE BULK, WHICH IS MORE THAN HALF THE SIGN THAT IF JUST AS PART OF THE READER BOARD YOU HAD THE C WHICH I KNOW YOU'VE USED IN OTHER PLACES, YOU EVEN HAVE IT IN YOUR BIG PACKET AND JUST HAD THE CHICK-FIL-A LOGO NEXT TO THE READER AND JUST BRING IT DOWN AND YOU WOULDN'T NEED TO THE SIZE OF [00:55:01] THE YARD SIGN, IT'S, IT'S OVER 50% INCREASE FROM WHAT'S ALLOWED. I GUESS I'M CONFUSED. SO YOU'RE SAYING INSTEAD OF THE CHICK-FIL-A LETTERING? YEAH, IF YOU JUST, IF YOU TOOK AWAY THE WHOLE TOP OKAY. AND YOU JUST DID THE LETTERING AND ON THE ONE SIDE OR THE OTHER, IT HAD THE, THE C WITH THE THINGS ON THIS TRADEMARK, YOU, YOU WOULDN'T NEED THIS VARIANCE. THAT BECOMES A, A TRADEMARK ISSUE. WHAT I I'M SAYING USE THE ONE THAT YOU HAVE IN HERE. IT'S IN YOUR PACKET SOMEWHERE. I DON'T KNOW WHERE THIS THE, I THINK SHE'S TALKING ABOUT OUR INITIAL SIGN SURVEY THAT WAS ON THE COUNTY CENTER ROAD ELEVATION. OH. LIKE RIGHT NEAR KIND OF THE WAY YOU HAVE THE PICKUP SIGN STATION AND THEN YOU HAVE THE WORDING ENTERPRISE KNOW WHERE IT IS. I JUST ASK IF YOU CONSIDERED THAT THAT'S WHERE THEY WANT TO PUT THE MONEY, UH, GOING THIS WAY. OKAY. THAT SIDE. YEAH, THAT, YEAH, THAT, THAT LOGO. SO I THINK AND, AND GIVEN CONSISTENCY OF STORES AND THE MONUMENT SIDES THAT ARE IN OTHER STORES, 'CAUSE CONSISTENCY PLAYS A VERY IMPORTANT PART WITH PEOPLE IDENTIFYING THE PROJECT SITE. UM, BY ELIMINATING THE READER BOARD, WE WOULD BECOME SIZE COMPLIANT WITH THAT MONUMENT SIGN AND CHICK-FIL-A WOULD WOULD GO IN THAT DIRECTION, UM, TO MAINTAIN CONSISTENCY THROUGH ITS FACILITIES. AND THIS ICON RESULTS IN A TALLER SIGN. IT'S NOT AS SLIM AND WIDE AS THE SCRIPT SIGN. IT'S ACTUALLY A, A TALLER SQUARE. SO THIS WOULD ACTUALLY RESULT IN A, IN A TALLER SIGN IF WE WENT WITH THIS ICON VERSUS THE SCRIPT TEXT. I DIDN'T, I I WASN'T APPLYING THAT EXACT. YOU COULD DO THAT ICON SQU OR WHATEVER, YOU KNOW, YOU DIDN'T HAVE TO DO IT EXACTLY, BUT HOWEVER YOU WANT TO DO IT. IT'S, YEAH, I WAS ASKING IF YOU CONSIDERED IT, IT'S JUST THE SIZE YOU WOULD, YOU'D STILL NEED AN ADEQUATE SIZE TO BE VISIBLE FOR, UH, TARRYTOWN ROAD TRAFFIC. LET ME ASK IF THERE'S ANYONE ELSE IN THE AUDIENCE WHO WISHES TO ADDRESS THIS STARTING TO COME UP. MY NAME IS MURRAY BOWDEN. THE JOB THAT YOU HAVE IS VERY MUCH DIFFERENT THAN THE LAST TIME I WAS HERE. ADJUSTING YOU. THE WORLD HAS CHANGED. DISTRACTED DRIVING. AGGRESSIVE DRIVING ARE NOT ISSUES. THE ISSUE YOU'RE FACING IS YOU'RE NOT AN ISOLATED LOCATION. YOU ARE WITHIN AN AREA CONTROLLED BY NEW YORK STATE DOT. YOU CAN'T IGNORE IT. IT'S THERE. THE IDEA OF PUTTING MESSAGE BOARDS ON A SIGN THAT ARE VARIABLE DOESN'T GO TODAY. EVERYBODY'S GOT CELL PHONE, THEY SEND MESSAGES. AND SO FOR YOU TO SAY HAPPY BIRTHDAY MARY ON A SIGN OR WHATEVER IT IS, IS DISTRACTING YOUR JOB GOT VERY MUCH MORE DIFFICULT THAN IT WAS THE LAST TIME I WAS HERE. HOW LITTLE INFORMATION CAN YOU GIVE IS NOW THE QUESTION? NOT HOW MUCH AND WHERE CAN IT BE THAT IT CAN INFORM THE DRIVER? NEW YORK STATE DOD HAS MADE SO MANY MISTAKES. THEY CAN'T BE IGNORED ANYMORE. THEY'RE DANGEROUS. THEY TOOK LAND THAT DOESN'T MAKES GOOD JOB, MAKES THEIR JOB OF PUBLICIZING THEIR, UH, ESTABLISHMENT MUCH MORE DIFFICULT. YOU NEED TO STEP BACK, STEP BACK AND SAY WHAT INFORMATION IS NEEDED FOR THE GENERAL COMMUNITY, NOT A SPECIFIC ONE. VARIABLE SIGNS DON'T CUT THE MUSTARD ANYMORE. SIMPLE LITTLE AS LITTLE AS POSSIBLE. AND THINK BACK AND SAY, THE GUY NEXT TO ME IS DOING A TEXT THAT THAT'S LIFE CHANGED. HE'S STILL TEXTING IN SOMEBODY BOOED A HORN. [01:00:01] YOU ALL KNOW THAT'S HAPPENING. SO THE AMOUNT OF INFORMATION THAT YOU GIVE IS MINIMAL, NOT CHANGEABLE. THAT WAS SOMETHING THAT HAPPENED A FEW YEARS AGO. NOT ANYMORE. I DON'T ENVY YOUR JOB ANYMORE. IT HAS BECOME ENORMOUSLY DIFFICULT. YOU'RE NOT DESIGNING ONE PIECE OF PROPERTY, YOU'RE AN AREA. WHAT DOES THE COMMUNITY NEED TO KNOW TODAY TO BE SAFE? THANK YOU. ANYONE ELSE? I HAVE ONE FINAL QUESTION. I HAVE ONE FINAL QUESTION HERE. IF YOU WERE TO ELIMINATE THE, UM, THE READER, SO THAT'S THE SWIPE PART. SO YOU WOULD BE ELIMINATING THE MAXIMUM SIZE OF THE YARD SIZE THAT VARIANCE NUMBER SIX, CORRECT. BUT THE OTHER TWO, FIVE AND SEVEN REMAIN THE SAME. RIGHT? BECAUSE THEY'RE THEY'RE NOT RELATED TO THE ACTUAL SIGN. IT'S JUST THE LOCATION AND STYLE, SO, OKAY. THANK YOU. UM, AND I'LL, I'LL JUST HIGHLIGHT TWO LAST THINGS. ONE IS THAT, YOU KNOW, WE DRASTICALLY REDUCED THE VARIANCES. UM, YOU KNOW, AFTER A REVIEW OF THE INITIAL PACKAGE THAT WE SUBMITTED, REALIZING IT WAS SUBSTANTIAL IN NATURE COMPARED TO YOUR CODE. UM, AND THE BALANCING TEST YOU GUYS HAVE THIS EVENING IS, DOES THE BENEFIT TO THE APPLICANT OUTWEIGH ANY DETRIMENT TO THE COMMUNITY? UM, AND AGAIN, WE'RE IN, WE'RE IN A COMMERCIAL AREA HERE. THE LARGER SIGNAGES WE ARE SEEKING ARE FACING THE COMMERCIAL CORRIDOR. UM, AND JUST AS A POINT OF PROCESS, UM, I KNOW YOU GUYS DELIBERATE AFTER THE MEETING, UM, TO THE EXTENT, UM, YOU HAVE ANY QUESTIONS OR WANT US TO DO ANY, EXPLORE ANY REVISIONS OTHER THAN TAKING OFF THE READER BOARD, WHICH WE ARE MORE THAN HAPPY TO DO, UH, WE CERTAINLY CAN RESPOND IN WRITING PRIOR TO THE NEXT MEETING. UNLESS THERE IS A FAVORABLE DETERMINATION, THEN I CERTAINLY WON'T STOP YOU. THANK YOU FOR THAT. ASK YOU QUESTION. I HAVE MOMENTS OF GRAYNESS SOMETIMES. I JUST WANNA ASK YOU, YOU, YOU JUST SAID THAT OUR JOB IS TO, DOES THE BENEFIT TO THE APPLICANT OUTWEIGH THE HARM TO THE COMMUNITY? THAT IS ONE OF THE CRITERIA THAT WE HAVE. THAT IS THE BALANCING TEST. SO YOU GO THROUGH THE FIVE CRITERIA TO ULTIMATELY ANSWER THAT QUESTION. AND THAT'S UNDER NEW YORK STATE TOWN LAW. YEAH. THANK YOU. ALL RIGHT. THANK YOU. THANK YOU. THANK YOU. NOW NEXT CASE IS CASE 25 0 4. THE CLAYTON RULES SUBDIVISION. NO, I'M SORRY, I HAVE THE WRONG ONE. 25. 25 0 5 MAIN STREET, ELM STREET TO THE END OF THE ROAD. GOOD EVENING CHAIR PERSON AND LADIES AND GENTLEMEN OF THE BOARD. MY NAME IS JAMES DENEY AND I'M HERE ON BEHALF OF, UH, THE OWNER OF 87 DASH 89 PAYNE STREET. UH, MR. LES, UM, THE PREMISES IS SITUATED IN A R FIVE SINGLE FAMILY ZONE. THE DISTRICT AND CURRENTLY CONSISTS OF A PRE-EXISTING NON-CONFORMING TWO FAMILY RESIDENCE ON 87 PAYNE STREET AND A NON-CONFORMING GARAGE DRIVEWAY SHED AND A COMMERCIAL DELI AT 89 PAYNE STREET, WHICH WAS ORDERED CLOSED IN 2023 DUE TO STRUCTURAL SAFETY ISSUES. THIS APPLICATION SEEKS AN AREA VARIANCE FOR LOT COVERAGE OF THE SHED, ACCESSORY STRUCTURE, SETBACKS, PARKING AND SIDE REAR AND [01:05:01] FRONT YARD SETBACKS, AS WELL AS A USE VARIANCE TO ALLOW FOR THE CONTINUED OPERATION OF THE DELI. DELI HAD BEEN IN EXISTENCE FOR OVER 40 YEARS, GIVEN THE LONGSTANDING NONCONFORMING, UH, STATUS OF THE STRUCTURES, INCLUDING A SUBSTITUTE CERTIFICATE OF OCCUPANCY FOR BOTH THE TWO FAMILY RESIDENCE AND THE COMMERCIAL STRUCTURE AS, AS WELL AS A PRIOR PERMIT ISSUE TO LEGALIZE THE STORE ALTERATIONS, WE ARE NOW REQUIRED TO SEEK A FORMAL APPROVAL FROM THE ZONING BOARD FOLLOWING THE DELI'S CLOSURE FOR MORE THAN SIX MONTHS. IN ADDITION TO THE APPLICATION AND THE SUPPORTING DOCUMENTATION FOR THE REQUESTED VARIANCE, WE HAVE INCLUDED FINANCIAL RECORDS INCLUDING A LETTER FROM THE APPLICANT'S CERTIFIED PUBLIC ACCOUNTANT AND RELEVANT TAX RETURNS, WHICH SUBSTANTIATE THE EXTREMELY FINANCIAL HARDSHIP THE OWNER HAS ENDURED DUE TO THE DELI'S CLOSURE. IT SHOULD BE NOTED THAT SEVERAL AREA VARIANCES DO REQUEST A HUNDRED PERCENT REDUCTION, BUT SINCE THE PROPERTY IS FENCED ON BOTH OF THE NEIGHBOR'S SIDE AND THE PROPERTY IS A CORNER LOT, AN EXISTING CONDITION HAS BEEN THE SAME FOR MANY YEARS, GRANTING THE VARIANCE WOULD NOT RESULT IN ANY CHANGE, SIGNIFICANT CHANGE TO THE NEIGHBORHOOD. WE'VE ALSO PRESENTED 26 SUPPORTING LETTERS FROM NEIGHBORS, INCLUDING, INCLUDING THAT THE VARIANCE APPLICATION, UH, WE'VE, UH, INDICATING THAT THERE WOULD BE NO COMPROMISE OR NO ISSUES WITH THEIR, UH, THE APPROVAL OF THE VARIANCE. THE 26 NEIGHBORS ALL SUPPORTED THE APPLICATION, UH, THAT'S BEFORE YOU TODAY. REGARDING THE AREA VARIANCE, UM, IT SHOULD BE NOTED THAT THERE WILL BE NO CONSTRUCTION CHANGING THE FOOTPRINT OR DIMENSIONS OF THE PREMISES. ONLY WORK DONE WILL BE TO CLEAR ANY VIOLATIONS ON THE PREMISES. THE PREMISES HAS BEEN IN USE FOR MANY YEARS AS INDICATED IN ITS CURRENT NON-CONFORMING USE. THE BENEFIT SOUGHT CANNOT BE ACHIEVED BY OTHER MEANS. THE EXISTING NON-CONFORMING USE AND LAYOUT OF THE PREMISES HAS BEEN UNCHANGED FOR MANY YEARS AND IS BELIEVED TO NOT HAVE RESULTED ANY NEIGHBOR COMPLAINTS. THE AREA VARIANCE IS NOT SUBSTANTIAL AND WILL NOT REQUIRE ANY FURTHER CONSTRUCTION OR EXTERIOR MODIFICATIONS TO THE PREMISES. THE PREMISES IS A NON-CONFORMING USE, WARRANTING THIS APPLICATION ANY IMPACT WILL BE A POSITIVE ONE AND THAT SINCE MAY OF 2023, THE LOCAL COMMUNITY DID NOT HAVE A LOCAL DELI TO FREQUENT WHEN THEY NEEDED SOMETHING THAT DID NOT REQUIRE A TRIP TO A LARGER OR A FULL SIZE GROCERY STORE. THE DIFFICULTY WAS NOT SELF-CREATED. THE APPLICANT IN GOOD FAITH RELIED ON PROFESSIONALS, PROFESSIONAL ARCHITECT ATTORNEYS TO SUBMIT HIS PERMITS, UH, REQUESTS. AND UNFORTUNATELY THOSE PROFESSIONALS WERE NOT SUCCESSFUL IN SECURING PERMITS PRIOR TO THE EXPIRATION OF THE SIX MONTH DEADLINE. AND AS SUCH REQUIRES US TO SUBMIT THIS PERMIT. RE REGARDING THE USE VARIANCE WE HAVE PROVIDED THE 2022 AND THE 2023 TAX RETURNS AS WELL AS AN OPINION LETTER FROM, UH, THE OWNER'S CERTI, UH, CERTIFIED PUBLIC ACCOUNTANT KEN T FAY, WHO ARTICULATES THE DRASTIC REDUCTION IN INCOME FOLLOWING THE CLOSURE OF THE DELI IN MAY OF 2023. UH, MR. FAYE ALSO FURTHER ILLUSTRATES THE LOSS, UH, LOSS OF 2024 INCOME TO BE A NEGATIVE 24,000. SINCE THIS, UH, PREMISES IS A NON-CONFORMING USE, ANY USE OF THE PREMISES WOULD REQUIRE A USE VARIANCE. AT THIS POINT. THIS DELI HAS BEEN AT THE LOCATION FOR AN ESTIMATED 40 YEARS WITHOUT INCIDENT AND SERVES THE LOCAL COMMUNITY AND THE PARK ACROSS THE STREET. THERE ARE NO OTHER DELIS NEARBY AND THIS PREMISES IS UNIQUE TO THE NEIGHBORHOOD. IF THE USE VARIANCE IS GRANTED, IT WILL ALLOW THE EXISTING DELI THAT HAD BEEN AN, AN IMPORTANT PART OF THE NEIGHBORHOOD TO RESUME OPERATIONS AND PROVIDE NEEDED AND VALUABLE FOOD SERVICES TO LOCAL COMMUNITY. THE DELI HAD BEEN A PART OF THE FABRIC OF THE NEIGHBORHOOD FOR MANY YEARS. THE ALLEGED HARDSHIP IS NOT SELF-CREATED, ALTHOUGH THE STORE WAS CLOSED FOR CERTAIN ISSUE ISSUED VIOLATIONS, THE APPLICANT WORKED DILIGENTLY TO REOPEN THE STORE BUT COULD NOT MEET THE SIX MONTH DEADLINE, UH, TO CLEAR THE VIOLATIONS TO RESUME OPERATIONS. AND AS A RESULT, SINCE THE PREMISES IN NONCONFORMING USE, THE APPLICANT IS REQUIRED TO COME BEFORE THIS BOARD TO SEEK PERMISSION TO RESUME USE OF THE EXISTING, UH, DELI, WHICH HAD [01:10:01] BEEN IN PLACE FOR APPROXIMATELY 40 YEARS. AS I INDICATED, IN LIGHT OF THESE CIRCUMSTANCES, WE RESPECTFULLY REQUEST THAT THE ZONING BOARD GRANT THE AREA AND USE VARIANCE AS OUTLINED. I'D BE HAPPY TO ANSWER ANY QUESTIONS THAT THE BOARD MAY HAVE AT THIS TIME. WELL, I HAVE AN INTERESTING STATEMENT THAT I'LL MAKE AND THEN MAYBE YOU CAN RESPOND TO IT. UH, WHAT WAS INTERESTING IN THE LAST CASE, UM, CHICK-FIL-A ACTUALLY OUTLINED ONE OF OUR TEST FACTORS AND THAT FACTOR IN PARTICULAR WAS DETRIMENT TO THE COMMUNITY. UM, DO YOU RECALL WHY OR CAN YOU SPEAK TO WHY THE DELIS ACTUALLY CLOSED AT THIS TIME? YEAH, THEY, THEY, THEY HAD RECEIVED VIOLATIONS, UH, SAFETY VIOLATIONS. THE BUILDING DEPARTMENT HAD CLOSED IT DOWN, I BELIEVE, INCLUDING ELECTRICAL VIOLATIONS. AND, AND WHAT PREDICATED THE BUILDING DEPARTMENT AND OTHERS TO COME TO THE SITE? I'M NOT AWARE OF WHAT PREDICATED THAT I, I KNOW THEY GOT VIOLATIONS AT THE SITE. RIGHT? SO TO MY UNDERSTANDING AS A BOARD MEMBER AND KNOWING THE COMMUNITY AS WELL, THE CURRENT ESTABLISHMENT AND WITH THE PRIOR OWNER TO THAT, TO THE CURRENT OWNERS, IT HAD BECOME AN INDI. IT HAD BECOME BASICALLY ALIGHT TO THE COMMUNITY IN TERMS OF DRUG USAGE IN FRONT OF THE FACILITY. IT HAD BECOME AN AREA WHERE GANG MEMBERS WOULD INITIATE AND BRING OTHERS TO THE COMMUNITY THAT WERE NOT OF THE COMMUNITY. SO YOU ARE ASKING THIS BOARD OR YOU'RE ASKING THIS PARTICULAR BOARD MEMBER TO SANCTION AND INCREASE A NON-CONFORMING USE THAT IN FACT HAS BEEN A BLIGHT TO THE COMMUNITY. SO I DON'T KNOW IF YOU'RE PREPARED TO SPEAK TO THAT OR IF ANYONE ELSE WOULD, WOULD LIKE TO SPEAK TO THAT, BUT TO ME IT WOULD BE A MAJOR CONCERN AS TO WHAT WOULD BE THE CHANGE OTHER THAN A ALLOW. AND I, AND I'M ALL FOR THE HARDSHIP OF THE OWNER, BUT THIS PARTICULAR PARCEL HAS BEEN AN ISSUE TO THIS COMMUNITY, TO THE POINT THAT IF I UNDERSTAND PROPERLY, CON EDISON CAME AND ACTUALLY CUT THE POWER FEED TO THE BUILDING TO ENSURE THAT THAT WOULD NOT HAPPEN AGAIN. AND I DIDN'T KNOW ALL MY YEARS BEING IN TOWN IN GREENBURG. I HAVE NEVER HEARD OF CON EDISON COMING AND CUTTING THE ACTUAL LINE, THE FEEDING LINE TO A ESTABLISHMENT FOR WHETHER FIRE VIOLATION OR ANY OTHER VIOLATION. I'VE NEVER HEARD OF THAT HAPPENING BEFORE. SO UNLESS YOU HAVE SOMETHING THAT CAN HELP CLEAR THAT UP FOR ME, IT WOULD BE VERY HARD FOR ME TO BE IN SUPPORT OF YOUR APPLICATION. I UNDERSTAND MY CLIENT WOULD BE COMMITTED TO ENSURING THAT THERE WAS NOT A REPEAT, UH, INCIDENT OR IS ISSUES LIKE THAT. AGAIN, HE WOULD INCREASE, UH, LIGHTING AND UH, IF THE DELI, IF THE DELI WAS NOT COMPLYING WITH LEASE OBLIGATIONS, WHICH INCLUDED LOITERING OR ANYTHING OF THAT NATURE, HE WOULD BE IN VIOLATION OF A LEASE AND MY CLIENT WOULD SEEK TO EVICT UNDER THOSE CIRCUMSTANCES. I WOULD MAKE SURE, PERSONALLY, IN DRAFTING A LEASE THAT WE ADDRESS THOSE CONCERNS SPECIFICALLY, AND IF THEY SHOULD BECOME AN ISSUE, THEY GET QUICKLY ADDRESSED WITH, WITH AN OPPORTUNITY FOR THEM TO CURE THE SITUATION. AND IF THEY DON'T CURE IT WITHIN THE APPROPRIATE TIME, THEN THE LEASE WOULD BE TERMINATED. I HAVE NO FURTHER COMMENT. WHEN DID YOUR CLIENT PURCHASE IN 2003. SO HE IS, HAD IT ABOUT 22 YEARS. I'M 2003. HE'S OWNED IT FOR ABOUT 22 YEARS NOW. WELL, IT'S THE SAME OWNER HE'S HAD IT FOR, YEAH. 22 YEARS. OH, I SEE. I THINK THERE WANNA SPEAK. OKAY. YEAH, NO, UM, REMEMBER, GO AHEAD. UH, SO THIS HAS BEEN CLOSED SINCE 2023 FROM MAY OF 2023. YES. UM, WHERE DID THE PEOPLE IN THEIR NEIGHBORHOOD GO TO BUY THEIR GROCERIES DURING THAT PERIOD OF TIME? UH, I'M AFRAID I DON'T HAVE THAT ANSWER. I'M NOT SURE WHAT, WHAT'S THE CLOSEST PLACE FOR THEM, BUT I, MY UNDERSTANDING IS, IS THAT'S UNIQUE IN THAT IT'S THE ONLY, UH, DELI OF THAT NATURE, UH, WITHIN THE, A CLOSE, CLOSE VICINITY. OH, WELL, THAT'S TRUE. UM, BUT THERE'S A SAM'S CLUB, UH, DOWN AT THE END OF PAYNE. UM, IT'S A, IT'S A BIG FACILITY. IT'S A BIG PLACE, BIG PLACE. THERE'S A, WAS IT STOP AND SHOP OR RIGHT, RIGHT. BRAND NEW SHOPRITE. SHOPRITE. OKAY. I, I'M CONFUSED. I DON'T KNOW ANYTHING ABOUT, UH, GROCERY STORES. UM, BUT THAT'S LIKE, MAYBE NOT QUITE WALKING DISTANCE, BUT IT'S, IT'S PRETTY CLOSE. I, I THINK YOU'RE GOING TO A SHOPRITE OR SAM'S IF YOU HAVE A CAR AND YOU NEED TO GO FOR THE WEEK AND PICK UP A BUNCH OF A BUNCH OF THINGS. UH, DELI'S AND CONVENIENCE STORES ARE MORE TYPICALLY, YOU KNOW, I NEED THIS TIER RIGHT NOW TODAY. AND, AND, AND IT IS NOT FEASIBLE FOR THEM TO, YOU KNOW, TAKE THAT WALK OR DRIVE TO, TO, UH, A LARGE, A LARGE, UH, GROCERY STORE LIKE THAT. UM, BUT NOW I'VE HEARD THAT, UH, LIKE SAY SHOPRITE DELIVERS, UH, AND, AND I KNOW THAT ONLY BECAUSE THEY DELIVERED [01:15:01] TO MY HOUSE AND IT WAS ACTUALLY FOR MY NEIGHBOR ACROSS THE STREET. UH, BUT OTHERWISE I NEVER WOULD'VE KNOWN THAT THEY, UM, DELIVER YOUR GROCERIES TO YOU. SO I'M STILL TRYING TO UNDERSTAND THE NECESSITY FOR, UH, THIS GROCERY STORE, WHICH IS NON-CONFORMING, WHICH HAS SOME SAFETY, UH, ACTUALLY SERIOUS SAFETY, UM, CONCERNS. AND I DON'T SEE ANYWHERE HERE THAT SHOWS HOW IT'S GOING TO BE IMPROVED. WELL, TO ANSWER YOUR, YOUR FIRST QUESTION ABOUT THE NECESSITY FOR IT, I THINK BEING OPEN FOR 40 YEARS SORT OF EXPLAINS THE NECESSITY TO THE LOCAL COMMUNITY OF HAVING THAT AVAILABLE TO THEM, THAT CONVENIENCE. UM, WITH RESPECT TO SECURITY, I WOULD ASSURE YOU THAT, UM, THE LANDLORD WOULD, UM, BE CONSCIOUS OF WHAT'S GOING ON AT THAT LOCATION AT ALL TIMES. AND A LEASE WOULD BE DRAFTED TO MAKE SURE THAT THEY COMPLY WITH ALL CODE REQUIREMENTS AND, AND, AND MAKE SURE THAT THERE IS NO LOITERING. THERE'D BE ADDITIONAL LIGHTING, UH, THAT WOULD BE IN ACCORDANCE WITH, UH, BUILDING CODE REQUIREMENTS TO ENSURE THAT THE, IT, IT WOULD NOT, UH, ATTRACT, UM, ANY, UH, UH, ANY INDIVIDUAL'S LOITERING, UH, ABOUT, AND, UM, AND, AND THE LANDLORD WILL MAKE A CONSCIOUS EFFORT TO, TO GO AND CHECK ON A REPEATED BASIS AND MAYBE EVEN ON ALSO INSTALL CAMERAS AT THE LOCATION SO THAT HE COULD QUICKLY OBSERVE IF THERE'S ANY VIOLATIONS THAT ARE GOING ON THAT WOULD NEED IMMEDIATE ATTENTION FROM THE LANDLORD. THIS, YOU KNOW, AGAIN, THIS HAS BEEN IN PLACE FOR 40 YEARS. UM, HE'S OWNED IT FOR 23, AND HE IS FINANCIALLY, IT'S VERY, PUTS HIM IN A VERY BAD SITUATION. THIS, FOR 2024, HE'S LOST $24,000 NEGATIVE, YOU KNOW, THAT COMES FROM SOMEPLACE, RIGHT? COMES FROM YOUR SAVINGS. IT COMES FROM YOUR, YOUR WORKING AND YOUR, AND YOU'RE TRYING TO PAY BILLS. HE DOES HAVE A MORTGAGE ON THE PROPERTY. CLEARLY, IF HE CAN'T OPEN THIS BACK UP, HE WILL DEFAULT TO THAT MORTGAGE. UM, UH, AND, AND HE AND RELIES ON THIS FOR, YOU KNOW, FOR, UM, TO, TO LIVE ON. SO, UH, I UNDERSTAND THE CONCERNS AND I, AND I THINK MY CLIENT IS HERE TODAY, UM, AND HE UNDERSTANDS, UH, THE SEVERITY OF THE ISSUES THAT YOU'RE RAISING. AND I COULD ASSURE YOU THAT, THAT HE'S COMMITTED TO MAKING SURE THAT HE, THAT THE, THAT THIS DOESN'T BECOME A PLIGHT AS BEEN MENTIONED EARLIER, OR DOES, DOES NOT BECOME AN ATTRACTION POINT FOR, UH, FOR, FOR, UH, INDIVIDUALS TO, TO LOITER AROUND. UM, AND, AND IF ONE OF THE CONDITIONS IS FOR HIM TO PUT, UM, CAMERAS UP IN FRONT TO ENSURE EASY MONITORING OF THE LOCATION, AND IF YOU WANT THOSE CAMERAS TO BE SHARED WITH THE POLICE DEPARTMENT, MY CLIENT WOULD BE AMENABLE TO PROVIDING ANY, UM, ACCESS CODES NECESSARY TO, TO, UH, HAVE ACCESS TO, UH, THE, THE CAMERAS IN THE FRONT OF THE LOCATION THAT HE WOULD BE A HUNDRED PERCENT COOPERATIVE WITH RESPECT TO THAT. SO I'M PRETTY SURE YOU WON'T KNOW THE ANSWER TO THIS, AND MAYBE YOUR CLIENT WILL, BUT, UM, HE HAD SIX MONTHS TO TRY AND, UM, BRING THIS SITE UP TO COMPLIANCE SO THAT HE WOULDN'T LOSE THE NON-COMPLIANCE YEAH. ASPECT OF IT. SO NOW HE HAS TO GET A WHOLE NEW USE VARIANCE. SO WHAT WAS DONE YEAH. DURING THAT SIX MONTH PERIOD? IT'S A VERY GOOD QUESTION. AND THAT WAS ONE OF THE FIRST THINGS I HAD ASKED. WHEN, WHEN I GOT RETAINED ON THIS, HE HAD RETAINED TWO SEPARATE ARCHITECTS WHO COULD NOT SUBMIT APPROPRIATE PLANS TO GET APPROVED. HE HAD HIRED TWO FORMER ATTORNEYS WHO COULD NOT GET HIM TO WHERE WE ARE HERE RIGHT. TODAY. AND IT'S NOT HIS FAULT. HE PAID GOOD MONEY TO THESE PEOPLE TO NOT FOLLOW THROUGH AND FULFILL A PROMISE THAT THEY MADE TO, TO, TO THE OWNER. UM, AND HE TRIED DILIGENTLY TO, TO MAKE THAT HAPPEN. AND IT, AND IT JUST, THEY FAILED HIM. AND I WOULD PROBABLY NEED EVIDENCE OF THOSE TWO ARCHITECTS. YEAH. AND THOSE TWO ATTORNEYS THAT HE, UM, NOT A PROBLEM TRIED TO, UM, MAKE USE OF DURING THAT SIX MONTH PERIOD OF TIME. I'D BE HAPPY TO SUBMIT. I, I WOULD ADD ON TO THAT, UM, LOOKING AT THE PROPERTY THAT'S MORE THAN SIX MONTHS WORTH OF NEGLECT THAT PROPERTY IS IN BAD CONDITION. IT AND WHAT NOT ALL OF IT. WELL, IT'S, IT'S THE PRIVATE, THE LIVING, IT'S NOT SIX MONTHS WORTH OF NEGLECT. RIGHT. IT'S MUCH MORE, IT'S BEEN IN BAD SHAPE RIGHT. FOR YEARS. WELL, WHAT'S INTERESTING IS IF YOU LOOK AT THE TWO STORY FRAME HOUSE THAT IS ALSO ON THE SITE THAT IS KEPT UP THE GROUND, THE TREES, THE SIDEWALK, THE HOUSE, ALL OF THAT HAS BEEN KEPT UP. IT IS THIS ONE PART THAT HAS THE GARBAGE PILED UP ON THE SIDES AND CARS AND TRUCKS, NOTHING IN THE OUTSIDE. I MEAN, IT, IT DOES, MY CONCERN IS THAT THE REST OF THE NEIGHBORHOOD IS SINGLE FAMILY HOMES PRETTY MUCH, AND THEY ALL ARE BEAUTIFULLY KEPT UP. IT IT IS LOVELY. [01:20:02] AND THIS ONE SITE HAD, THIS ISN'T JUST SIX MONTHS OF NEGLECT. THIS IS YEARS AND YEARS AND YEARS OF NEGLECT TO LOOK LIKE THAT. I, IN MY OPINION, NO, I THINK IT'S, IT'S VALID. AND I, I'LL JUST SAY THIS, SINCE HE'S CLOSED DOWN FOR WHICH, WHICH IS ABOUT TWO YEARS NOW, YOU KNOW, OBVIOUSLY THE, THE RESOURCES ARE NOT THERE FOR HIM TO AFFORD TO, TO MAKE THOSE IMPROVEMENTS. BUT SECONDLY, IF, IF MY CLIENT'S LUCKY ENOUGH TO HAVE THIS APPROVED BY THIS BOARD, HE STILL HAS TO GO BEFORE THE PLANNING BOARD. SO THE PLANNING BOARD IS GOING TO, IS GOING TO, UM, HAVE THEIR COMMENTS AND REQUIREMENTS TO ENSURE THAT HE ADDRESSES THE CONCERNS THAT YOU'RE ALL, YOU'RE ALL RAISING HERE TODAY. BUT WHAT DOES HE NEED FROM THE PLANNING BOARD? UM, IT, IT SAYS IN THE, IN THE, UH, THE VIOLATION THAT, UM, IF, IF WE'RE SUCCESSFUL HERE BEFORE THE ZONING BOARD, HE MUST GO BEFORE THE PLANNING BOARD FOR APPROVALS, FOR PLANNING. SO I GUESS HE'LL, THE ARCHITECT WILL, WILL DRAFT PLANS OR, OR PRESENT WHATEVER, UM, COMMENTS THAT, UH, THE BOARD WILL, WILL MAKE AT THAT TIME. DOES HE LIVE IN THE HOUSE THAT'S ON THE PROPERTY? NO, HE DOES NOT. NO. OH, OKAY. SO HE RENTS BOTH OUT. YEAH, I'D LIKE TO HEAR FROM A SPOKESMAN FROM, FOR THE NEIGHBORHOOD. OKAY. GOOD AFTERNOON. GOOD EVENING. MY NAME IS LEMON DAVIS, UH, THE PRESIDENT OF THE NORTH ELFORD CIVIC ASSOCIATION. I'VE BEEN PRESIDENT FOR WELL OVER 14 YEARS, LIVED IN THE COMMUNITY SINCE 19, MY FAMILY SINCE 1997. THE STORE LET'S, WE GET RIGHT TO THE POINT, UH, THE 26 LETTERS THAT CAME THAT ARE IN FAVOR OF THIS, UH, UH, STORE BEING, DELI BEING REOPENED. UM, IT'S NOT ON OUR RADAR. WE REPRESENT OVER FIVE TO 600 FAMILIES, AND MAJORITY OF THE PHONE CALLS THAT WE'VE GOTTEN ARE TOTALLY AGAINST, UH, GRANTING THE VARIANCES FOR THIS STORE TO REOPEN. HE'S TALKING ABOUT THE 40 YEARS, THE 40 YEARS OF A ONE PERSON WITH A LEASE. THEY PASSING THE LEASE ON TO THEIR NEXT BUDDY AND THE NEXT BUDDY RECEIVING THE LEASE. THE, NOT THE LEASE, BUT JUST RENTING THE STORE. SO THERE'S MULTIPLE USES OF THIS, OF THIS DE FOR OVER THE LAST 20 SOMETHING YEARS THAT HE'S HAVE OWNED, HE'S OWNED IT. WHAT'S GOTTEN WORSE OVER THE YEARS IS THAT, UM, WE'VE HAD THE LOITERING RIGHT OUT FRONT OF THE STORE, WHICH IS, UM, WHICH THEY ALSO LAUDED IN FRONT OF THE PARK. WHAT'S THE WORD YOU'RE USING? LOITERING. OH, LOITERING. I'M SORRY. I'M SORRY. LOITERING. OH, THAT'S OKAY. AND SO WHEN WE, WHEN WE BASICALLY WENT TO DIFFERENT, THE DIFFERENT CHIEFS HERE AND, UH, AND HAD OUR COMMUNITY MEETINGS, UM, THERE WAS ACTUALLY NOTHING THAT THE POLICE DEPARTMENT COULD DO IN REGARD TO LOITERING, BECAUSE THERE'S REALLY NO LOING LAW ON THE BOOKS AT THAT TIME. I DON'T KNOW IF IT'S, IF THAT'S NOT THE CASE, IF THAT'S THE CASE TODAY, NOW TO GET TO THE POINT IN THE OPERATION OF THIS DELI, IF YOU WANT TO CALL IT DE WE CALL IT A BODEGA BECAUSE IT DIDN'T, IT DIDN'T, FIRST OF ALL, IT DIDN'T MEET THE NEEDS OF THE COM MAJORITY OF THE PEOPLE IN THE COMMUNITY. IT DIDN'T SERVE THE ITEMS THAT WE, THE PEOPLE WOULD BUY IF WE WENT TO SHOPRITE, IF WE WENT TO SAM'S CLUB OR WE WENT TO BJ'S, IF WE WALKED DOWN TO THE BOTTOM OF THE HILL TO THE DELI DOWN, THERE'S A COUPLE OF DELIS AT THE BOTTOM OF THE HILL ON PAIN. AND IN NINE A SO, SO, SO WALKING, WE SEE A LOT OF OUR, UH, RESIDENTS WALK, YOU KNOW, THAT, THAT EITHER THEY DRIVE DOWN OR THEY WALK THE STORE IN QUESTION, UH, DIDN'T CATER TO THE COMMUNITY AT ALL. IT WAS LIKE THEIR OWN LITTLE PRIVATE CLUB. AND AT NIGHT THEY TURNED INTO A BAR. SO YOU HAD THE, YOU HAD THE, THE, THE, THE, UH, THE, UH, OVER SUCH DRINKERS COMING OUTTA THERE. THEY, THEY WERE SELLING LIQUOR OUTTA THERE. I MEAN, IT, IT WAS JUST A, A, A EYESORE. THE COMMUNITY IS A BEAUTIFUL COMMUNITY. THEY, THEY TRIED TO PAINT THE COMMUNITY. WELL, THEY HANG OUT IN FRONT OF THE STORE, THEY HANG OUT IN FRONT OF THE PARK. IT'S, AND, AND SOME OF THESE GUYS WERE BAD. THERE'S SOME BAD ELEMENTS THERE. YES. BUT INSIDE THAT STORE, THE STORE, IT WAS JUST AN EYESORE. IF IT WAS AS A LAUNDROMAT, I EVEN, UH, APPROACHED THE OWNER, UH, SINCE THE CLOSING THAT WHY DON'T WE, WE CONSIDER THE NORTH EL PACIFIC ASSOCIATION, UH, USING THAT PROPERTY ONCE IT'S BROUGHT UP TO CODE AND, AND WE RETURN IT INTO A LEARNING POD FOR THE YOUTH OR A RESOURCE CENTER FOR THE COMMUNITY, SOMETHING THAT'S GONNA BENEFIT THE, THE MASSES OF THE COMMUNITY, NOT JUST A FEW, UH, UH, THAT COME THERE TO BUY, UH, ITEMS THAT, AGAIN, MAJORITY OF THE PEOPLE IN THE COMMUNITY DON'T EVEN PATRONIZE. AND SO I'M [01:25:01] STANDING HERE BEFORE YOU TODAY ASKING THAT YOU DO NOT CONSIDER, THAT YOU DON'T CONSIDER, UH, OFFERING THIS, UH, VARIANCE, UH, FOR THIS STORE. WHY? BECAUSE OF THE SAFETY ISSUES IS ANOTHER REASON. THERE'S NO PARKING. THEY USED TO PARK UP ON THE SIDEWALK. THERE'S ONLY ONE LANE GOING EAST TO WEST. AND IN EACH DIRECTION, WE, WE, WE, WE'VE LOBBIED FOR MORE LIGHTING. SO WE HAVE LIGHTING RIGHT ACROSS FROM THE PARK. WE DO HAVE CAMERAS IN THE PARK. I SIT ON THE PARKS AND REC ADVISORY BOARD, SO WE HAVE ACCESS TO SEE WHAT'S GOING ON AT THAT PARK. THE POLICE DEPARTMENT HAS ACCESS TO SEE WHAT'S GOING ON AT THAT STORE. AND SO, AGAIN, WITH THE MANY INCIDENTS, WITH THE LACK OF CONCERN FOR THE OR, OR RESPECT FOR THE COMMUNITY, AND THE, THE FACT THAT IS, IF I'M, I'M SORRY, YOU KNOW, 24, 20 $4,000, $2,000 IS, YOU KNOW, I UNDERSTAND THAT I'M A HOMEOWNER. WE, WE UNDERSTAND THE LOSS OF REVENUE, BUT BAD REVENUE IS NOT GOOD REVENUE. IT'S NOT BENEFICIAL TO THE COMMUNITY AT LARGE. AND SO IT MAY BE A SATISFYING, GRATIFYING, UH, POCKET CHANGE OR, OR A RELIEF TO YOU AS AN INCOME. BUT TO US, IT'S, IT'S JUST NOT, IT'S NOT WORTH IT. THE MONEY, THE STORE IS NOT WORTH GRANTING SAID VARIANCES. SORRY, LET ME JUST CLARIFY BY YOU. WITH POCKET CHANGE RATTLING, WHICH YOU ARE YOU TALKING ABOUT NOT THE MEMBERS OF THE BOARD, CORRECT? NO, NO, NO, NO. WE'RE TALKING ABOUT WITHIN THE COMMUNITY. WE'RE TALKING ABOUT THESE. THIS IS A, THIS IS A WORKING COMMUNITY. IT'S A CHANGING COMMUNITY. IT'S, IT'S A LOT OF, WE HAVE A LOT OF MIGRANTS MOVING IN. NOW IT'S CHANGED. BUT THE BOTTOM LINE IS, IS THAT WE WE'RE MORE CONCERNED ABOUT THE SAFETY. WE'RE SAFE. WE'RE, WE'RE MORE CONCERNED ABOUT THE, THE QUALITY OF LIFE ISSUES. WE'RE, WE'RE MORE, WE'RE MORE INTERESTED IF THIS, IF THIS PROPERTY IS GONNA BENEFIT THE MAJORITY, THE MASSES, YOU KNOW, AND, AND SOMETHING PRODUCTIVE. WE DON'T NEED A DELI THAT'S NOT SELLING WHAT WE BUY THE STORE. YOU CAN GO IN AND GET LEFT THE OLD BREAD. THE, THE STORE HAS NEVER, IT'S JUST, IT'S JUST BEEN A HARDSHIP TO THE PEOPLE IN THE COMMUNITY. AND WE THANK GOD FOR THE SHOP RIGHTS, WE, THE BJ'S AND FOR THE SAM'S CLUBS, BECAUSE THIS STORE IS, IS JUST NOT, IT'S NOT WORTH IT IN OUR COMMUNITY. AND, AND IT'S BEEN SO MANY ISSUES ON TOP OF ISSUES. MY, MY HEAD IS JUST ALMOST SOMETIMES EXPLODING FROM THE PHONE CALLS. SO WE'RE, WE'RE GRATEFUL. AND, AND, AND AT, AT, AT, AT THE BACK END OF, OF, OF PRAYER HERE AND HOPING AND HOPES THAT YOU, THE BOARD, THE ZONE BOARD WILL CONSIDER NOT, UH, GRANTING VARIANCE FOR 87 89 PAYNE STREET. THANK YOU VERY MUCH. LE UL, A DAVIS PRESIDENT, NORTH ELM PACIFIC ASSOCIATION. ANYONE ELSE COME UP, SIR? GOOD EVENING, EVERYBODY. MY NAME IS KENT JONES. I HAVE LIVED AT 69 CABOT AVENUE. I'M 64 YEARS OLD. I HAVE SEEN THAT STORE AND WHAT THE CURRENT OWNER HAS DONE TO THE COMMUNITY IS ABSOLUTELY A DISGRACE. HE'S KNOWN ABOUT WHATEVER WENT ON IN FRONT OF THAT STORE AND WHAT HAS GONE ON IN THAT PARKING LOT. AND I AM NOT IN FAVOR OF HIM GETTING THIS STORE BACK. AND IF IT DOES HAPPEN, THERE'S SOME THINGS THAT I FEEL. I ALSO WORKED FOR THE TOWN OF GREENBURG FOR PARKS AND REC. SO I'VE SEEN IT AT ITS WORST. UH, MY QUICK STORY IS 23 YEARS. I THINK MY DAUGHTER WAS LIKE EIGHT YEARS OLD. WE WENT INTO THE STORE AND SHE SAID, DAD, CAN I HAVE AN ICE CREAM SANDWICH? AND I PUT MY HAND INTO THE FREEZER AND THERE WAS NOTHING BUT ROACHES IN THE FREEZER. I HAVE NOT BEEN MY DAUGHTER'S 30. I HAVE NOT BEEN IN THAT STORE SINCE THAT TIME. THE PARKING IS HORRENDOUS. AND SOME OF HIS TENANTS, UH, ONCE AGAIN, I LIVE AT 69 CABOT AVENUE, SOME OF HIS TENANTS, I DON'T OWN PARKING IN FRONT OF MY HOUSE, BUT THERE'S NO REASON FOR SOME OF HIS TENANTS TO BE PARKING IN FRONT OF MY HOUSE. IF I UNDERSTAND, OR WHEN MY PARENTS WERE ALIVE, IF I UNDERSTOOD THE RULING IS [01:30:01] THAT IF YOU ARE RENTING OUT, UH, WHATEVER, UH, AN APARTMENT, THE HOUSE, WHATEVER IT IS, THE LANDLORD'S RESPONSIBILITY TO SUPPLY PARKING, HE'S NOT DOING THAT CONSISTENTLY. AND I THINK IT'S UNFAIR OF HIM TO ASK THIS QUESTION WITHOUT GIVING SOME, UH, I JUST THINK THE, THE TOWN, MEANING PARTS AND REC, THE POLICE, THE OWNER, EVERYBODY NEEDS TO BE ON THE SAME PAGE BECAUSE WE'VE COMPLAINED ABOUT THAT STORE FOR YEARS AND YEARS. AND NOTHING WAS DONE UNTIL THE INCIDENT WHERE THE YOUNG MAN GOT STABBED. THAT'S WHEN THE SH THE STORE GOT SHUT DOWN AND EVERYTHING OCCURRED. BUT WE HAD BEEN ASKING FOR THAT FOR YEARS AND YEARS. SO UNTIL WE HAVE SOME SAFEGUARDS IN PLACE FOR THIS AREA OR THIS BUILDING, I VOTE NO. AND THE PEOPLE WHO WHO ARE HAPPY WANT THIS STORE OPEN. I, I DISAGREE WITH 26 PEOPLE. THAT'S JUST MY OPINION. THANK YOU FOR YOUR TIME. I APPRECIATE IT. THANK YOU. ANYONE ELSE? HMM. MY FAMILY WASN'T A CLEANING BUSINESS FOR OVER A HUNDRED YEARS. THERE'S NOBODY LEFT AN EYE FAMILY THAT CLEANS CLOTHES ANYMORE. YOU MIGHT CONSIDER INSTITUTING THE TIME CLOCK FOR THREE MINUTES FOR PUBLIC SPEAKERS. UH, TILL WE GET USED TO THE FACT THAT THIS DOESN'T GO ON FOREVER. THE CLOCK IS THERE, OR YOU GOTTA, IS TURNING ON. AND, UH, YOUR JOB HAS GOTTEN MORE DIFFICULT BECAUSE I LEARNED TODAY ABOUT GETTING MORE THINGS ONLINE THAT I DIDN'T KNOW I COULD. IT'S GETTING HARDER FOR ME AND MY WIFE TO GET TO THE STORE. AND THERE ARE MANY THINGS THAT ARE DELIVERED THAT WE CAN'T FIND IN A STORE. THANK YOU FOR THE OPPORTUNITY TO SPEAK. ANYONE ELSE? IS THERE ANYONE ON LINE? IS THERE ANYONE? PARDON ME? UH, SO IS THERE ANYONE TO, DO YOU NEED TO SPEAK TO ANY OF THE AREA VARIANCES THAT ARE ALSO REQUIRED? I, I HAD REFERENCED THEM IN MY, MY OVERALL, UH, STATEMENT TO, TO THE BOARD THAT WE'RE SEEKING ALSO THE AREA VARIANCES THAT, THAT PERTAIN TO THE GENERAL PROP PROPERTY. UM, LIKE I HAD, UH, MENTIONED TO MENTIONED EARLIER THAT THE, THE PROPERTY, UM, THE STRUCTURE HASN'T CHANGED IN MANY YEARS. AND THE, THE AREA VARIANCES WOULD NOT CHANGE OR RESULT IN ANY CONSTRUCTION OF ANY SORT. UM, THERE WOULD BE NO CHANGE GRANTING THESE AREA VARIANCES WOULD ALLOW THE PROPERTY TO STAY THE WAY IT IS. UM, APPRECIATE THE, THE, THE COMMUNICATION WITH, WITH THE NEIGHBORS. UM, I WOULD JUST LIKE TO MAYBE COMMENT ON THAT. UM, I WANNA REITERATE MY CLIENT'S COMMITMENT TO THE OWNER'S COMMITMENT TO, UM, PUTTING CAMERAS IN, PUTTING THE LIGHTING IN. OBVIOUSLY IT'S GONNA BE A NEW TENANT WITH NEW RESPONSIBILITIES. THE, THEY'RE NOT GONNA PULL SOME TENANT IN. THAT WAS, THAT WAS CLOSED DOWN TWO YEARS AGO. CLEARLY. UM, MY CLIENT WOULD NOT, UM, ALLOW HIM TO COME BACK. UM, BUT THEIR, MY CLIENT WOULD TAKE STEPS TO MAKE SURE THAT HE WAS A BETTER NEIGHBOR TO THE COMMUNITY AND ENSURE THAT CAMERAS WERE INSTALLED AND COMMUNICATE WITH THE POLICE DEPARTMENT TO SEE IF THEY WANTED CONNECTION TO THAT, TO THOSE CAMERAS, AND ENSURE FULL COMPLIANCE WITH THE LEASE AT ALL TIMES. AND, AND I'D, I'D BE HAPPY TO REPRESENT, REPRESENT THE CLIENT IN HELPING HIM ENFORCE THAT AND DRAFT A LEASE THAT'S GOING TO, UM, MAKE SURE THAT THE, THAT THE, THE DELI, UH, THAT THAT DOES OPEN. THERE WOULD BE A GOOD NEIGHBOR. I JUST WOULD LIKE TO, TO SAY THAT. UM, WE HEAR YOU, BUT EVERYTHING YOU'RE SAYING HAS NEVER INCLUDED WHAT THE LANDLORD, THE ABSENTEE LANDLORD IS WILLING TO DO. IT'S, YOU'RE SAYING THE TENANT. THE TENANT, THE TENANT, AND IT'S THE OWNER WHO IS RESPONSIBLE FOR ALL OF THAT. IT, IT'S NOT THE TENANTS. HOPEFULLY YOU'RE RIGHT. AND, UM, IT IS IN, SO WHATEVER THE LEASE IS, IS IS BETWEEN HIM, BETWEEN [01:35:01] THE OWNER AND LI TENANT. I UNDERSTAND WHAT THIS, WHAT WE ARE WORRIED ABOUT IS WHAT THE OWNER WILL DO AND HAS A PROVEN TRACK RECORD OF DOING. AND THAT'S A VERY DIFFERENT THING. SO ELISE IS A LEASE THAT'S NOT, YOU KNOW, IT'S ONLY LIMITED CONCERN TO US. I I UNDERSTAND THAT IT'S THE OWNER'S RESPONSIBILITY A HUNDRED PERCENT. ALL RIGHT. THANK YOU. THANK YOU. THE NEXT CASE IS CASE 25 0 6, RICHARD ANO, 31 WOOD AVENUE. WOW. GOOD EVENING, MADAM CHAIR, MEMBERS OF THE BOARD. UH, MY NAME IS CYRUS DBI, INTEGRAL ENGINEERING SERVICES, UH, 27 MAIN STREET DO FAIR NEW YORK. I AM REPRESENTING THE OWNERS OF THE SUBJECT PROPERTY, UM, 31 WOOD AVENUE IN LEY. UM, AND I'M ABLE TO SHARE MY SCREEN. OKAY. ALRIGHT. UM, WE HAVE A VERY SMALL PROJECT AND I HAVE A VERY SMALL PRESENTATION. I, THIS IS A, UH, DRIVEWAY EXTENSION, UM, AT THE, UH, THE, I'M SORRY. UM, WE ARE LOOKING TO INCREASE THE, UH, SQUARE FOOT OF THE DRIVEWAY, 186 SQUARE FEET. UM, CURRENTLY THE DRIVEWAY HAS OCCURRED IS 28 FEET WIDE, UM, WITH A 29 FOOT CURB CUT. UM, DURING OUR PROPOSALS TO THE BILLING DEPARTMENT, UH, WE WERE MADE AWARE THAT THE DPW IONS ONLY REQUIRE A MAXIMUM CURB CUT OF 20 FEET. UM, SO WE ARE BRINGING THAT, UM, DRIVEWAY INTO COMPLETE WITH THE DPW. UM, BUT AGAIN, THIS IS JUST A, A DRIVEWAY EXTENSION TO BE ABLE TO, UH, PARK MORE CARS WITHIN THE DRIVEWAY. UM, IN TERMS OF, UH, THE, THE COVERAGES, UM, WE ARE, WE'RE WELL UNDER THE, UM, REQUIRED, UM, I'M SORRY. UH, WE ARE WELL UNDER, UH, THE REQUIRED TOTAL COVERAGES. UM, THIS IS ONLY AN AREA OF VARIANCE, UM, IN WITH RESPECT TO, UM, INCREASING, UH, INSTALLING THE DRIVEWAY ON THE, THE SIDE YARD, UM, SETBACK AS WELL AS THE FRONT YARD SETBACK. UM, AND THEN THERE IS ALSO A REGULATION THAT, UH, THE DRIVEWAYS CAN'T BE MORE THAN 30 FEET. UM, AND OUR PROPOSAL WOULD BE TO, TO EXTEND THAT TO 37 FEET IN ORDER TO COMFORTABLY, UM, PARK THREE CARS. UM, THERE IS GOING TO BE A SMALL RETAINING WALL, UM, THAT'S, THAT'S, UH, ABOUT ONE FOOT OF RETAINED SOIL. UM, AND THAT'S GOING TO ABUT THE NEIGHBOR'S PROPERTY. UM, UH, THIS IS JUST AN OVERVIEW OF THE AREA. YOU CAN SEE THAT THERE'S TWO CARS PARKED THERE, BUT, UM, THE BUSHES AND, UH, YOU KNOW, WE'RE, WE'RE TRYING TO GET A THIRD CAR, UM, WITHOUT REQUIRING, UH, YOU KNOW, PARKING ON THE STREET. UM, IT IS A RESIDENTIAL STREET. IT'S A VERY NARROW STREET. AND, UM, YOU KNOW, IT, UH, WE, THE, UM, THE APPLICANTS ARE TRYING TO, UH, REMOVE THOSE, THOSE CARS FROM THE STREET. SO THERE'S NO STEEP SLOPES OR WETLANDS IN THE AREA. UM, IT'S A RELATIVELY QUIET STREET. AND, UM, AS I SAID THAT WE'RE TRYING TO FIT A THIRD CAR, UM, UH, OVERVIEW OF THE NEIGHBORHOOD. UM, I ACTUALLY WENT AND MEASURED ALL THE DRIVEWAYS AND NONE OF THEM COMPLY WITH THE 20 FEET REQUIREMENT. SO, UM, WE WILL BE THE FIRST ON THE STREET TO HAVE THAT 20 FOOT. UM, BUT IN TERMS OF THE CHARACTER, ALL OF THE DRIVEWAYS ARE IN THE FRONT AND SIDE YARDS. UM, THAT, THAT'S, THAT'S, UH, APPARENT THROUGHOUT THE ENTIRE, UH, NEIGHBORHOOD, UM, FOR YOUR CONSIDERATION. AND I BELIEVE WE WERE DISCUSSING THE FIVE POINTS, UM, THERE, UH, WE DO NOT BELIEVE THAT THERE'S GONNA BE ANY AS ADVERSE [01:40:01] IMPACTS TO THE CHARACTER OF THE NEIGHBORHOOD. UH, WITH THIS, UH, VARIANCES, UH, THE BENEFIT OF THE APPLICANT'S, UM, WE DO NOT BELIEVE CAN BE ACHIEVED, UH, BY ANY OTHER METHOD. UM, YOU KNOW, IF WE WANTED TO INCREASE THE, UM, THE DRIVEWAY TO THE, THE NORTH SIDE OF THE, THE PROPERTY, UM, YOU KNOW, I THINK THAT WOULD, THAT WOULDN'T GO, NUMBER ONE, IT WOULD BE MUCH MORE WORK. UM, BUT ALSO WHEN COM, UH, IT WOULDN'T BE, UM, UH, WITH THE CHARACTER OF THE NEIGHBORHOOD, WITH ALL OF THE DRIVEWAYS BEING ON THE, UH, ONE SIDE OR THE OTHER. UM, WE DO NOT BELIEVE THAT THE VARIANCES ARE QUANTITATIVELY OR AESTHETICALLY SUBSTANTIAL. I MEAN, THE, THE, UH, AMOUNT OF ADDITIONAL IMPERVIOUS AREA TO THE DRIVEWAY DOESN'T NECESSITATE, UH, STORM WATER MANAGEMENT PROGRAM. UM, SO THAT'S, UH, WE BELIEVE IT'S JUST A MODEST, UM, ADDITION. UM, AGAIN, WE'RE TRYING TO MINIMIZE THE ADVERSE IMPACTS OF THE ENVIRONMENT. I KNOW THAT THERE WILL BE, UH, YOU KNOW, SOME, SOME STORM WATER THAT, THAT COMES OFF THERE, BUT THERE ARE CATCH BASINS DIRECTLY NEXT TO THE PROPERTY. UM, AND WE CAN PITCH THE DRIVEWAY TO THOSE CATCH BASINS, UM, TO PREVENT ANY EXCESS RUNOFF COMING FROM, UH, GOING TO THE NEIGHBORING PROPERTIES. UM, AGAIN, THE NEED FOR THE VARIANCE IS SELF-CREATED, UH, BUT OBVIOUSLY, UH, WE BELIEVE THE BENEFIT OF APPLICANT OUTWEIGHS THE DETRIMENT OF THE COMMUNITY. AND, UH, WITH THAT, I HAVE TO ANSWER ANY QUESTIONS. DO YOU HAVE ANY, UH, ANY, ANY NEIGHBORS THAT HAVE MADE ANY OPINIONS REGARDING THIS? UH, I ASKED THE, UM, THE OWNERS TO REACH OUT TO THEIR NEIGHBORS. UM, BUT THAT NO ONE, UM, YOU KNOW, I, I, I HAVEN'T HEARD ANYTHING TO THE DETRIMENT. I HAVE A COUPLE OF QUESTIONS. WELL, ONE PRIMARY ONE, IT, THE APPLICATION SAYS YOU WANNA MAKE ROOM FOR A THIRD CAR. YOU'RE CURRENTLY, AS YOU SAY, IT'S, UH, 28, 28 AND A HALF FEET WIDE, AND IT'S 29 AND A HALF TILL YOU GET TO THE WALKWAY TO THE FRONT DOOR AND ANOTHER 12 FEET AFTER THAT TO GET TO THE CURB. AND YOU'RE SAYING IT'S APPROXIMATELY 1100 SQUARE FEET ACCORDING TO THE INTERNET, THE AVERAGE SUV I'LL GIVE YOU A BIG CAR, UM, AT THE TOP END IS SEVEN, IS SIX FEET WIDE AND 14 FEET LONG. CORRECT. A, A, A LEGAL PARKING SP WAIT. OH, SORRY. I HAVE TROUBLE UNDERSTANDING HOW YOU CANNOT FIT THREE CARS THAT EACH HAVE 84 SQUARE FEET TO THEM ON 1100 SQUARE FEET DRIVEWAY. AND I, YOU KNOW, IF THEY'RE ONLY SIX FEET WIDE, YOU'VE GOT 28 FEET ACROSS. SIX TIMES THREE IS 18. YEAH. UM, THEY'RE 14 FEET LONG. AND YOU HAVE, THAT'S 28. YOU HAVE 29 BEFORE YOU EVEN GET TO THE LAKE, THE, UM, FRONT WALK. AND THERE'S ANOTHER 12 FEET AFTER THAT. I'M HAVING TROUBLE UNDERSTANDING WHY THAT CAN'T FIT THE THREE CARS. OKAY. UM, A LEGAL PARKING SPOT IS EIGHT FOOT BY 20 FOOT. WE'RE TALKING A DRIVEWAY. WE'RE NOT TALKING SOMEBODY DOING A PARALLEL PARK. THIS IS JUST A, A REGULAR PARKING SPOT. IF YOU GO IN A PARKING LOT THAT HAS TO HAVE TURNING RADIUS AND EVERYTHING ELSE. CORRECT. UM, IT'S VERY DIFFICULT TO OPEN A CAR DOOR IN THOSE TIGHT SPOTS. UM, YOU KNOW, THIS IS A RESIDENTIAL NEIGHBORHOOD ARDSLEY. UM, YOU CAN PUT ONE IN FRONT OF THE OTHER, RIGHT? I DON'T, I DON'T UNDERSTAND. I MEAN, YOU COULD PUT IN 28 INCHES, 28 FEET WIDE. SO MAYBE YOU PUT TWO ON A THING THAT'S 14 FEET FOR A SIX FOOT WIDE CAR AND YOU PUT ONE BEHIND THE OTHER. AND YES, SOMEBODY MAY HAVE TO MOVE A CAR OCCASIONALLY, BUT I DON'T UNDERSTAND PUTTING THIS ON A PROPERTY LINE AND EXTENDING IT AND THE, AND GOING THROUGH ALL OF THIS. I BELIEVE THERE'S ALSO RECREATIONAL USES, YOU KNOW, PUTTING A, UH, A BASKETBALL HOOP AND, YOU KNOW, JUST TRYING TO CREATE SOME FLAT TOP SPACE FOR THE KIDS TO PLAY. UM, IT IS A RESIDENTIAL STREET. UM, YOU KNOW, WE, UH, I'M NOT SURE WHAT THE REGULATIONS ARE IN GREENBURG, BUT, UH, PUTTING A BASKETBALL NET, UH, ON THE SIDE OF THE STREET, IT MAY BE PERMISSIBLE, IT MAY NOT BE PERMISSIBLE, BUT, UM, YOU KNOW, THERE, THERE'S AGAIN, WE'RE, WE'RE HERE BEFORE YOU, UM, LOOKING JUST TO, TO MAKE THE, THE CLIENTS, UM, THAT I'M REPRESENTING, YOU KNOW, THIS, THIS [01:45:01] IS THEIR WISHES. UM, I, I UNDERSTAND THAT, YOU KNOW, WITH, I GUESS YOU DON'T WANT THIS TO BE LIKE A, A PARKING LOT FOR RENT OR, YOU KNOW, THREE OR FOUR CARS. UM, YOU KNOW, UH, WE'RE LOOKING FOR, FOR, TO INCREASE THE DRIVEWAY. AND I HEAR YOU, AND I'M TRYING TO UNDERSTAND WHAT'S THE NEED. AND I HAVEN'T HEARD WHAT THE NEED IS, AGAIN, TO VIOLATE A ZONING CODE. YES. WE'RE HERE TO ADD MORE PARKING FOR THIS LOT. AND IN ORDER TO ADD THE PARKING, WE NEED TO INCREASE BY, UM, SEVEN FEET. AND THAT'S AN ADDITIONAL SEVEN FEET IS ONE ADDITIONAL PARKING SPACE. HOW LONG HAS THE OWNER HAD THE PROPERTY? I'M NOT SURE. AND WHEN YOU MEASURED THE OTHER NEIGHBORING PROPERTIES, HOW WIDE WERE THEIR DRIVEWAYS? UH, BETWEEN 24 FEET. AND, UH, I ACTUALLY HAVE A LIST IF YOU ARE CURIOUS MM-HMM . UM, 'CAUSE WE DID HAVE ANOTHER CASE WHERE SOMETHING VERY SIMILAR CAME UP. SO HOPEFULLY YOUR CLIENT DOESN'T GET ANY BAD PRESS BECAUSE ALL THE OTHER HOMES THAT WERE IN VIOLATION OF SAID ORDINANCE ALSO HAD TO COME BEFORE US. OKAY. SO THE FACT THAT THE OTHER NEIGHBORS MAY BE IN NON-CONFORMING, THAT'S NOT A VALIDITY TO GIVE IT TO YOU. NO. UNDERSTOOD. UH, BUT AGAIN, WE'RE, BUT AGAIN, I, I WANT YOU TO LOOK UP YOUR NOTES. YEAH. WE'RE MAKING THE, THE OTHER DRIVEWAYS, WE, HOW MANY, WE'RE MAKING OUR DRIVEWAY COMPLIANT WITH THE DEPARTMENT OF PUBLIC WORKS, WHICH IS 20 FEET. RIGHT? SO WE HAVE 28 AND A HALF FEET. MM-HMM . 24 FEET, 22 AND A HALF FEET, AND 21 FEET. 9 37. I'M SORRY. THERE'S THE CURB CUT 24, THE CURB CUT WE'RE TALKING ABOUT. OH, THE CURB CUT. OKAY. BUT YOU DIDN'T MEASURE HOW WIDE THEIR DRIVEWAYS ARE? UH, NO. OKAY. THANK YOU. ANYONE HERE COMMENT ON THIS DUSTY . OKAY. OKAY. ALRIGHT. UM, UNLESS YOU HAVE SOMETHING ELSE TO ADD, WE WILL CERTAINLY DELIBERATE AND SEE WHAT WE CAN DO. THANK YOU FOR YOUR TIME. THE LAST CASE WE HAVE THIS EVENING IS CASE TWENTY FIVE OH SEVEN HAYDEN ROONE, 67 DOBBS FERRY ROOM. IT'S NOT THE TOP. OKAY. UH, GOOD EVENING, UH, MADAM SECRETARY AND EVERY, ALL THE BOARD MEMBERS. UH, MY NAME IS AIDEN RUAN, AND I AM SE SEEKING A, UH, USE VARIANCE, UH, FOR 67 DOBBS FERRY ROAD. I PURCHASED THIS HOUSE IN 2004, UH, AS A THREE FAMILY HOUSE. AND, UM, THE BUILDING DEPARTMENT DOES RECOGNIZE THE HOUSE AS A SINGLE FAMILY HOME. NOW. THE PROPERTY ITSELF HAS BEEN TAXED AS A LEGAL THREE FAMILY HOME SINCE THE HOUSE WAS BUILT. UH, THE RECORDS FROM THE TAX DEPARTMENT, UH, REFLECT A THREE FAMILY HOUSE, THE ORIGINAL PROPERTY CARD, ALONG WITH THE MORE RECENT PROPERTY CARD SHOW, UH, A THREE STORY, THREE FAMILY HOUSE. SO ATTACHED WITH ALL THE PAPERWORK HERE, UH, TO ANSWER ALL OF THE FOUR, UH, POINTS, WHETHER OR NOT I CAN RECEIVE A REASONABLE RETURN ON THE PROPERTY. SO WHEN I PURCHASED THE HOUSE AS A THREE FAMILY HOUSE, I WAS EXPECTING, YOU KNOW, THREE KITCHENS, THREE BATHROOMS, A FIRE ESCAPE, THREE GAS METERS, THREE ELECTRIC METERS. THE PREVIOUS OWNERS PURCHASED THE HOUSE AND MORTGAGED THE HOUSE AND FINANCED THE HOUSE AS A LEGAL THREE FAMILY HOUSE. ALL OF THE RECORDS SHOWED IN THE, UH, IN THE TOWN THAT THE HOUSE HAS ALWAYS BEEN A LEGAL THREE FAMILY. UM, IN ORDER FOR ME TO BRING THIS BACK TO OR MAKE IT A SINGLE FAMILY HOUSE, UH, THE NUMBERS ARE ATTACHED, IT WOULD, IT WOULD COST ME A SIGNIFICANT AMOUNT OF MONEY. UM, AND ALSO IN GENERATING INCOME, I DID ATTACH, UH, VARIOUS LOCAL RENTS FOR DIFFERENT APARTMENTS. UH, WHAT THEY, YOU KNOW, WHAT THE, WHAT THE RENT WOULD YIELD ON A MONTHLY BASIS. UM, SO FROM A FINANCIAL STANDPOINT, IT WOULD DEFINITELY, IT, IT WOULD [01:50:01] DEVASTATE ME FINANCIALLY, UH, IF I WAS TO, UH, KEEP THE HOUSE AS A SINGLE FAMILY HOUSE IN THE RENTAL COMPARISON FROM A THREE FAMILY TO A ONE FAMILY. UM, IS THIS UNIQUE? I THINK IT'S A VERY UNIQUE SITUATION BASED ON THE LAYOUT OF THE HOUSE. WHEN I DID PURCHASE THE HOUSE, IT WAS A FORECLOSURE AND ALL OF THE COURT RECORDS, UH, PERTAINING TO THE FORECLOSURE AND THE WILL OF THE, UH, UH, OF THE, THE ESTATE AND THE TRUST OF THE FAMILY MEMBER WHO DIED, WHO OWNED THE PROPERTY, STIPULATED, UH, THAT HE WANTED THE HOUSE, UH, TO BE OCCUPIED AND LIVED IN BY HIS WIFE AND THE REMA REMAINING PART OF THE HOUSE TO BE RENTED OUT FOR, UH, INCOME FOR HIS FAMILY. I WAS ABLE TO PURCHASE THE HOUSE. I HAD TO DO IT IN A TIMELY MANNER, OTHERWISE, THE ADAIR FAMILY WASN'T GOING TO RECEIVE ANY MONEY, AND WELLS FARGO WAS GOING TO TAKE THE PROPERTY BACK. UH, AND THIS WAS IN, UH, MARCH OF, UH, 2000, UH, 2024 JUST PASSED. I ATTACHED IN ALL THE PAPERWORK, UM, ALL OF THE CERTIFICATES OF COMPLETION THAT WERE IN THE BUILDING DEPARTMENT. AND UNFORTUNATELY, THERE WAS A LOT OF MIS FILINGS. THE, THERE'S NOTHING PERTAINING TO, UH, TELLING US THAT THIS HOUSE WAS EVER A SINGLE FAMILY HOME. NOW, IN DECEMBER, JUST PAST, UH, UH, MS. GARRITY, WHO WAS VERY HELPFUL IN LOOKING UP PAPERWORK, FOUND SOMETHING IN A BOX THAT SHOWED THERE WAS AN APPLICATION TO BUILD A HOUSE, A SINGLE FAMILY HOUSE IN 1929. THERE ARE NO PLANS. THERE ARE NO RECORDS IN THE BUILDING DEPARTMENT IN THE TOWN. I MADE FILE REQUESTS, UH, FOR ALL OF THE HISTORICAL TAXES ON THE PROPERTY. AND NOTHING EVER PROVES THAT THE HOUSE WAS EVER AT ONE FAMILY HOUSE. AND IT'S IN ALL OF THE EXHIBITS THAT I HAVE ATTACHED IN THE PAPERWORK, UM, ALONG WITH THE PROPERTY CARD, UM, THE ORIGINAL PROPERTY CARD AND IN THE BILLING DEPARTMENT. UNFORTUNATELY, UH, SOME OF THE ORIGINAL PAPERWORK WAS MISFILED AND IT WAS, UH, IT, UH, FOR EXAMPLE, THERE WAS A CERTIFICATE OF COMPLETION FOR AN OIL BURNER OIL TANK, AND IT WAS, WAS FOR A HOUSE FIVE DOORS DOWN THE STREET. BUT I UNDERSTAND THAT, YOU KNOW, PAPERWORK CAN BE, UH, LOST OR MISPLACED. AND, UH, MS. GARRITY IN THE BILLING DEPARTMENT WAS EXTREMELY HELPFUL, AND SHE HELPED CORRECT ALL OF THIS JUST THIS PAST DECEMBER, WHICH, YOU KNOW, KEEP IN MIND IS ALMOST A YEAR AFTER I PURCHASED THE HOUSE. UM, SO, AND ALSO TO, TO HIT THE NEXT POINT AS FAR AS, UH, I APOLOGIZE HERE. IF GRANTED, WILL THIS CHANGE THE CHARACTER OF THE NEIGHBORHOOD? WELL, THE HOUSE HAS BEEN, UH, USED AS A THREE FAMILY FROM THE BEGINNING OF TIME. AND AS FAR AS THE, THE TOWN HAS KEPT RECORDS SINCE 1956, HAS ALWAYS BEEN RENTED OUT AS A THREE FAMILY HOUSE. UM, I ALSO ATTACHED FROM THE 1980S, UH, TO REFLECT THAT EACH APARTMENT WAS ALWAYS RENTED OUT TO SEPARATE INDIVIDUALS. SO IT'S NOT SOMETHING THAT I PURCHASED OR, OR THE PREVIOUS OWNER PURCHASED AND PUT KITCHENS AND BATHROOMS IN THERE ILLEGALLY. MY GOAL IS TO CORRECT THE RECORD ON, ON THIS HOUSE, AND HOPEFULLY OBTAIN A USE VARIANCE. SO, YOU KNOW, I CAN SLEEP COMFORTABLY KNOWING THAT I'M DOING THE RIGHT THING WITH THE PROPERTY. UM, IN THE COMMUNITY NEXT DOOR, THERE'S A THREE FAMILY HOUSE ACROSS THE STREET WITH, AND AGAIN, THIS, THIS HOME, AGAIN, I, I'M SORRY IF I'M REPEATING MYSELF. IT IS, IT WAS ALWAYS A SINGLE FAMILY, R FIVE, WHICH IS A ONE FAMILY ZONE. UM, BUT ON MY STREET BEHIND ME, THERE'S A TWO FAMILY HOUSE ON THE SIDE STREET, AND, WHICH OF COURSE, THIS HOUSE IS ON A MAIN ROAD. UM, MY NEIGHBOR'S A THREE FAMILY ACROSS THE STREET IS A TWO FAMILY, UH, TWO DOORS DOWN IS A THREE FAMILY. AND, UM, THERE'S QUITE A FEW MULTI-FAMILY HOMES WITHIN A BLOCK OR WITHIN 30, 40 FEET OF MY PROPERTY. SO I'M NOT LOOKING [01:55:01] TO IT. IT'S DEFINITELY NOT GOING TO CHANGE, UM, UH, CHANGE ANYTHING WITH THE HOUSE. NO STRUCTURE IS CHANGING, NO INFRASTRUCTURE IS CHANGING. UM, SO, UH, I ALSO, I, I ATTACHED IN THE FILE, UH, THERE WAS A SUBSTITUTE C OF O FOR A SINGLE FAMILY HOUSE ISSUED, UH, TO THIS PROPERTY IN 1997. NOW, IF YOU LOOK AT THE SUBSTITUTE CFO THAT WAS ISSUED, UM, THERE WAS AN INSPECTION DONE ON THE 30TH OF, UH, JANUARY, 1997 BY A LOCAL BUILDING INSPECTOR. AND THE LOCAL BUILDING INSPECTOR WROTE IN HIS NOTES ALL, OKAY, OKAY. THEN A CERTIFICATE, A SUBSTITUTE. CFO WAS ISSUED A FEW DAYS LATER. BUT IT'S VERY STRANGE BECAUSE THE HOUSE WAS MORTGAGED AND IT CLOSED ON THE 19TH OF THAT SAME MONTH AS A LEGAL THREE FAMILY. AND THE RECORD SHOW THAT THE HOUSE WAS OCCUPIED WITH THREE FAMILIES AND THREE KITCHENS AND THREE BATHROOMS. SO IT'S, IT'S DEFINITELY A GRIEVANCE THAT I HAVE THAT, I MEAN, IT WASN'T SELF-INFLICTED FROM THE BEGINNING OF TIME. UH, IT, IT HAS BEEN REFLECTED AS A, UH, THREE FAMILY HOUSE, UH, SINCE IT'S, UH, CHANGED TITLE NUMEROUS TIMES. AND I DO HAVE ALL THE P ALL THE PAPERWORK IS IN THE FILE THAT I, THAT I DID, UH, GIVE TO YOU. AND IT CLEARLY SAYS, UM, ON THE MORTGAGE PAPERWORK. 'CAUSE WHEN A HOUSE IS PURCHASED, AS YOU KNOW, AN APPRAISAL IS DONE ON THE PROPERTY. UH, AN INSPECTION IS DONE ON THE PROPERTY, UH, PAPERWORK IS DONE ON THE PROPERTY. SO TIME AFTER TIME, THE HOUSE HAS BEEN SOLD AS A THREE FAMILY DWELLING, AND IT'S MORTGAGED IN THERE AS A THREE FAMILY DWELLING. UH, UH, I HAVE MY ARCHITECT HERE WITH ME. SO TED, IF YOU'D LIKE TO SAY A FEW WORDS, SORRY. IT'S OKAY. UM, UM, EXCUSE ME. UH, YEAH, MY NAME IS TED RE I'M AN ARCHITECT, LICENSED IN THE STATE OF NEW YORK. UM, I HAVE ONE MAJOR PRO, UH, PIECE OF PAPERWORK TO SHOW YOU, WHICH I DON'T THINK, UH, E UH, AIDEN HAS SHOWN YOU. BUT THIS, THESE DARK ORANGE SQUARES ARE THREE, TWO, AND THREE FAMILY HOMES WITHIN THE R FIVE ZONE. AND THE, THE, AND THEN ON HERE'S A, A TABLE BY THE, THE CITY THAT SHOWS THAT THE DARK ORANGE IS LABELED TWO TO THREE FAMILIES AND MULTIPLE STORIES. SO IT'S BEEN THAT WAY FOR SO MANY YEARS NOW. THIS IS JUST MORE EVIDENCE THAT IT HAS BEEN THE THREE FAMILY HOUSE. THERE IS ALSO THE, THE, UH, WELL, YOU MENTIONED THE, UM, THE ORIGINAL PROPERTY CARD, AND THEN THERE'S THE UPDATED VERSION THAT'S IN, UH, THIS IS ANOTHER ACCESSES OF DO DOCUMENT THAT ALSO SHOWS THREE FAMILY. SO THIS HOUSE HAS ALWAYS BEEN A THREE FAMILY, AND IT'S IN A, UNFORTUNATELY, I THINK IT'S SHOULD BE MADE INTO A THREE. IT SHOULD BE REASSIGNED A THREE FAMILY DESIGNATION BASED ON THE EVIDENCE THAT WE'VE PRESENTED. OKAY. UM, I'VE HEARD ENOUGH, I DON'T KNOW ABOUT THE REST OF THE BOARD MEMBERS, BUT WE'VE BEEN HEARING YOU SAYING OVER AND OVER AND OVER AGAIN THAT IT'S A, IT'S BEEN, IT WAS ALWAYS, IT WILL BE A THREE FAMILY HOME AND THERE'S A LOT OF STUFF HERE. UM, MAYBE I MISSED IT SOMEWHERE. WHO TOLD YOU YOU NEEDED A USE VARIANCE? UM, I WAS, I WAS TOLD, UH, BY BUILDINGS OF CARBON THAT I NEED USE VARIANCE TO MAKE IT, UH, A LEGAL THREE FAMILY HOUSE. SO, UM, YOU TRYING TO GET A C OF O OR SOMETHING? WELL, IF IT'S POSSIBLE, WELL, I WANT TO MAKE SURE THAT IT'S DONE CORRECTLY. SO EVEN IF I COULD GET A SUBSTITUTE SAY ABOUT LIZ GARLEY, THE SPECIFIC IS EXTREMELY HELPFUL. I JUST HAVE TO GO THROUGH THE CHANNELS. I WAS ONE OF THE IMPRESSIONS. OH, OKAY. SO MAYBE MS. GARTY KNOWS THE ANSWER TO MY QUESTION. , WHY WAS HE TOLD HE NEEDED A USE VARIANCE WHEN ALL THE EVIDENCE SEEMS TO POINT TO THE FACT THAT, SO IN 1929, THE BUILDING DEPART, I'M SORRY, I CAN'T HEAR YOU. YEAH. IN 1925, BUILDING PERMIT FIVE 13 WAS ISSUED FOR A SINGLE FAMILY RESIDENCE AT THIS LOCATION, A SUBSTITUTE CERTIFICATE OF OCCUPANCY WAS ISSUED IN 1997 FOR A SINGLE FAMILY RESIDENCE. IT HAS BEEN A THREE FAMILY RESIDENCE SINCE APPROXIMATELY 1956 [02:00:01] IS THE FIRST RECORD IN THE ASSESSOR'S OFFICE. SO IT WAS BEING ASSESSED AS A THREE FAMILY. IT WAS NEVER A LEGAL THREE FAMILY. SO THAT'S WHAT WE'RE, WE'RE TRYING TO, IT'S NOT LEGAL. CORRECT THE RECORDS AND MAKE IT A LEGAL THREE FAMILY IF THE BOARD GRANTS A USE VARIANCE. UM, BUT THERE WAS NEVER A PERMIT FOR A THREE FAMILY. IT WAS NEVER LEGALLY CONVERTED FROM A SINGLE TO A TWO OR A THREE FAMILY. OKAY. SO WE'RE JUST LEGALIZING WHAT'S EXISTING. YES. SO WHAT THAT A STOP WORK ORDER WAS ISSUED BECAUSE THERE WAS A REMODEL OF ALL THREE SCORES WITHOUT ANY PERMITS. WITHOUT PERMITS. OKAY. I WAS KIND OF FIGURING. SO THE QUESTION I WOULD HAVE, DO YOU HAVE ANYTHING FROM THE FIRE DEPARTMENT OR ANY EMERGENCY SERVICES THAT INDICATES THAT THIS WOULD BE SAFE AS SUCH THAT IRRESPECTIVE, WELL, WHAT WAS DONE, WE HAVE TENEMENT ALL THROUGHOUT NEW YORK STATE IN THE COUNTRY WHERE PEOPLE ARE LIVING IN BASEMENTS AND IN CLOSETS, AND IT'S NOT LEGAL. SO THE QUESTION IS, WOULD THIS BE SOMETHING THAT IS NOW SAFE? BECAUSE THAT PROPERTY, ARE YOU USING UTILIZING A BASEMENT ATTIC? WHERE'S THE THIRD FAMILY TO LIVE AND AN R FIVE? UH, YES. SO, SO BASICALLY, UM, UH, THE, THE, THE, THE, THE THREE FLOOR, THE FIRST FLOOR, THE, THE GROUND LEVEL IS A THREE BEDROOM, A TWO BEDROOM UNIT. THEY'RE ON THE BIKE, SIR. OH, I'M SORRY. UH, THE GROUND FLOOR IS A, IS A, IS A, A RENTAL, UH, HAS A, IT'S AN APARTMENT, THE SECOND FLOOR AND THE THIRD FLOOR, WHICH WOULD BE, UH, IT DOES HAVE THE CEILING HEIGHT. YOU COULD CONSIDER IT AN ATTIC. THERE IS CRAWL SPACE UP THERE. THE BASEMENT IS NOT FINISHED. AND, UM, THE, UM, THE WORK THAT WAS DONE TO THE PROPERTY, I, I DID THE FLOORS. I CHANGED COUNTERTOPS. IT WAS NOT A TOTAL REMODEL. WHAT TRIGGERED THE WHOLE ISSUE WAS THE, UH, THE GAS, I HAD TO UP UPDATE THE GAS METER. SO I CALLED CONEDISON. WHEN CONEDISON CAME OUT, THEY SAID, OKAY, WE, WE WILL DEFINITELY DO THAT FOR YOU, BUT YOU HAVE TO FILE WITH THE CITY. WHEN I WENT TO DO THAT, I WASN'T THERE WHEN THE BILLING INSPECTOR CAME OUT. HE SAID, OH, YOU DID ALL THIS AND YOU PUT KITCHENS AND THREE BATHROOM. YEAH, THREE BATHROOMS. I SAID, WELL, AND I WASN'T THERE. SO WHEN I CALLED HIM, HE SAID, I DON'T WANT TO TALK TO YOU, YOU KNOW, SEE YOU AND YOU KNOW, WHATEVER. BUT, UH, I, SO, SO I, THERE IS NOTHING PER FROM THE FIRE DEPARTMENT. UH, I DID CALL THE LOCAL FIRE DEPARTMENT TO SAY THAT WHETHER IT WAS A THREE FAMILY, ABSOLUTELY NOT. UM, THE PROBLEM, THE REAL PROBLEM WITH THE OVERALL SITUATION IS A LOT OF FILES HAVE HISTORICAL PAPERWORK FROM 1920S ALL THE WAY UP. THERE IS NOTHING EXISTS FROM 1927. AND I MEAN, NOTHING EXISTS UNTIL, UH, 1956. SO THERE'S A HUGE GAP. ALL OF THE HOUSES THERE ARE VERY SIMILAR. THEY HAVE, THIS HOUSE HAS A FIRE ESCAPE. I DIDN'T PUT THE FIRE ESCAPE THERE. UM, SO I'M SORRY. I DON'T KNOW IF I ANSWERED YOUR QUESTION, BUT, UH, IT DEFINITELY, AND THE TAXES ON THIS PROPERTY ARE WHAT? THE TAXES ON THIS PROPERTY ARE APPROXIMATELY, IT'S TAXES A THREE FAMILY, APPROXIMATELY 18,000. AND IT'S BEEN TAXED THAT WAY SINCE AT LEAST WE KNOW, SINCE 1956. AND WHEN I, WHEN I DID REACH OUT AND DID A FILE REQUEST, I DID MULTIPLE FILE REQUESTS FROM THE, UH, THE, UM, THE, THE, THE TOWN CLERK. THEY, THEY ALL, THEY SHOW THE PROPERTY TO EVER BE IS A THREE FAMILY HOUSE. THEY NEVER SHOW IT TO BE. AND THEY NEVER SHOW IT AS A SINGLE FAMILY HOUSE. AND EVEN THE ORIGINAL, UM, APPLICATION, IF YOU LOOK AT IT, IT'S, IT'S ACTUALLY, IT'S A, IT'S NOT A PERMIT, IT'S ACTUAL APPLICATION. BUT THEN THE SAME NUMBER IS A PERMIT NUMBER. I DON'T KNOW HOW THINGS WERE DONE IN THE TWENTIES, BUT IT'S VERY, UM, IT'S, IT'S, IT'S VERY DIFFICULT TO MAKE OUT ANYTHING, UH, THAT PERTAINS TO THIS PROPERTY TO MAKE IT ILLEGAL. ONE FAMILY HOUSE EVER. SO THERE ARE THREE GAS METERS THERE? UH, YES. THREE GAS, THREE ELECTRIC, THREE DOORBELLS, THREE MAILBOXES, UH, TWO CAR GARAGE AND FIRE. FIRE. YES. YES. AND THE, THIS, THE, SO THERE'S A UNIT ON THE FIRST FLOOR, THE SECOND FLOOR AND THE THIRD FLOOR, BUT NOT IN THE BASEMENT. CORRECT. AND THERE'S A FIRE ESCAPE THAT GOES ALL FROM THE THIRD FLOOR ALL THE WAY DOWN TO THE GROUND. UM, AND YOU HAVE THREE TENANTS NOW? NO. WELL, ONCE I DISCOVERED THIS, I DIDN'T WANT ANYBODY LIVING IN THE PROPERTY TILL I GOT THIS RECTIFIED BECAUSE A LOT OF PEOPLE ADVISED ME, UM, TO JUST ENJOY IT AND USE IT THE WAY THAT IT IS. AND I JUST , I WANNA DO THIS CORRECTLY AND I DIDN'T WANNA DO IT ILLEGALLY. AND [02:05:01] I JUST WANNA MAKE SURE THAT IT'S INSURED, IT'S PURCHASED AS A THREE FAMILY, ALL OF THE CHAIN OF TITLE EVER TO DO WITH THIS PROPERTY WITH THE COUNTY CLERK IS A THREE FAMILY. OKAY. SO NOW YOU'VE LEARNED YOUR LESSON, YOU'VE HIRED AN ARCHITECT, AND YOU'RE GOING TO MAKE SURE THAT YOU GET THE PROPER BUILDING, UH, POWER, ELECTRICAL, PLUMBING PERMITS THAT ARE REQUIRED TO DO ANY ADDITIONAL WORK IN THIS LOCATION. YES. IF WE, UM, APPROVE THE USE VARIANCE, ABSOLUTELY. 100% YES. YEP. AT THE AUCTION WHEN YOU BOUGHT THIS? YES. UM, FIRST OF ALL, WAS IT A, A GOVERNMENT AUCTION OR A BANK AUCTION? NO, IT A FORECLOSURE. EXCUSE ME. UH, YES. IT WAS NOT A A, AN OPTION. IT WAS A FORECLOSURE. AND THE, UH, THE OWNER, UH, BASICALLY THE WELLS FARGO HAD GIVEN THEM AN ULTIMATUM. IF YOU DON'T GET A BUYER WITHIN X AMOUNT OF WEEKS, WE'RE TAKEN BACK THE PROPERTY. OKAY. YOU KNOW, IT WAS A, IT WAS A SAD SITUATION FOR THE PREVIOUS OWNER. HE HAD PASSED AWAY AND HIS WIFE WAS LEFT THERE WITH, UH, SHE WAS A SINGLE MOM WITH TWO CHILDREN. AND I, I HAD SAID IT, IT'S A WIN-WIN SITUATION. YOU KNOW, I PURCHASED THE PROPERTY, SHE GOT A DECENT AMOUNT OF MONEY TO SET HER LIFE, LIFE UP, AND SHE MOVED TO FLORIDA AND SHE'S, YOU KNOW, THAT'S EXACTLY WHAT HAPPENED, YOU KNOW, SO. OKAY. AND JUST AS A SIDEBAR, YOU KEEP GOING BACK TO 1929, THE PROPERTY CARD SAYS THAT THE HOME WAS BUILT IN 1956. YES. YES. SO WHY DO WE KEEP GOING BACK TO WHAT WAS IN 1920, WHATEVER. AH, SORRY, ELIZABETH. I'M CONFUSED. SO THE ASSESSMENT CARD IS, THERE'S ERRORS ON IT. OKAY. UM, THE HOUSE WAS NOT BUILT IN 1956. IT WAS ASSESSED IN 1956. THE HOUSE WAS BUILT, UM, IN 25, I BELIEVE IT IS ON THE 1925. YEAH. OKAY. EXCUSE ME. 2019. 27. 27. YEAH. I KEPT THINKING I SAW 27 IN THE PAPERWORK. UM, THE OTHER THING, UM, AIDEN, I THINK THAT THE, THE SPEAK TO THE PARKING, THAT YOU HAVE ENOUGH PARKING ON SITE FOR THE THREE UNITS. YES. YES, WE HAVE, UH, IT'S, UH, THE PROPERTIES, IT'S ON A MAIN ROAD ON DOBBS FERRY ROAD, AND IT'S ON THE CORNER. SO WE HAVE A DOUBLE DRIVEWAY AND A TWO CAR GARAGE AS WELL. AND IT'S SET ALL THE WAY BACK IN ON THE PROPERTY. SO, I MEAN, IT'S, I MEAN, IT'S, IN SEEING THE PROPERTY, I NEVER WOULD'VE THOUGHT IT WAS ANYTHING, BUT IT'S THE LAYOUT, THE GARAGE, THE PARKING, THE METERS, THE, YOU KNOW, THE, HIS HISTORY OF THE TENANTS, EVERYTHING THAT, I MEAN, AND, AND, AND AS LIZ SAID IT, WITH, WITH THE PROPERTY BUILT IN 1927, UM, IT'S, I MEAN, WE WEREN'T AROUND THEN. LIZ OBVIOUSLY WASN'T AROUND THEN. THERE'S NOTHING. AND, AND EVEN, EVEN , THERE'S NOTHING IN, IT'S A LOT OF MOISTURIZER. , IT DOES WONDERS FOR ME TOO. BUT, UH, THERE'S, IT'S IN SUCH AN INCOMPLETE, INCOMPLETE HIGGLY PIGGLY FILE. THERE'S DIFFERENT, LIKE IT'S WRITTEN IN, DO YOU WANNA SPELL THAT? OKAY. OH, I'M SORRY. SORRY ABOUT THAT. . YOU JUST ABBREVIATE. SORRY. BUT, UM, YEAH, IT'S, IT'S OUR FIRST HIGGLY PIGGLY. THAT IS DEFINITELY THE FIRST. YEAH. BUT IT'S, IT'S, IT'S, IF YOU LOOK THROUGH THE, IT'S, IT'S BLANK AND IT'S NOT EVEN SIGNED, YOU KNOW, UH, AND IF THERE WERE, IF THERE WERE PLANS THAT WENT ALONG WITH THIS TO SHOW, OH, THIS WAS ONE FAMILY HOUSE OR ANYTHING LIKE THAT, I WOULD SAY, HEY. TOTALLY. I NEVER WOULD'VE WENT NEAR THE PROPERTY, YOU KNOW, AND UNFORTUNATELY, I MEAN, LIZ IS A WITNESS TO IT. SHE ONLY FOUND THIS, THIS, UH, ABOUT IN DECEMBER, ALMOST A YEAR AFTER THE HOUSE WAS PURCHASED. RIGHT. I MEAN, AND SHE WORKED, SHE WORKED LIKE SHE, UNFORTUNATELY, SHE FOUND IT ON THE WEEKEND. SHE WAS LOOKING SO HARD TO FIND ANYTHING TO HELP ME OUT. SHE SPENT A LOT, A LOT OF TIME GOING, YOU KNOW, TO FIND, UNFORTUNATELY IT WASN'T LIKE A SILVER BULLET FOR ME, BUT SHE SAID, WE FOUND THIS, AND IT, IT'S SOMETHING. BUT TO BE HONEST, I DON'T THINK IT'S MUCH AT ALL. YOU KNOW. ANY OTHER QUESTIONS? I, I YIELD? HMM? ANYONE OUT THERE? ANYONE OUT THERE? OKAY. ALRIGHT. I THINK WE'VE HEARD, UH, AS MUCH AS WE CAN, UH, WIGGLY PIGGLY TONIGHT. OKAY? OKAY. THANKS FOR YOUR TIME. THANK YOU. MADAM CHAIR. YES. AND SHAUNA, BEFORE YOU LEAVE TODAY? YES. I THINK WE HAVE TO [02:10:01] GO BACK TO CBA CASE 24 32. OLIVIA. THAT WAS THE SECOND APPLICATION FOR A REHEARING. MM-HMM . REDO THIS. OH, SAW OLIVIA? YES, WILLIAM. OKAY. AS I, AS I UNDERSTAND IT, I THOUGHT I HEARD MR. BLAND ABSTAIN DID WELL MEANS THE STANDARD IS THE REQUIREMENT IS THE UNANIMOUS VOTE OF ALL MEMBERS OF THE BOARD THEN PRESENT. IT DOESN'T SAY THE UNANIMOUS VOTE OF ALL, ALL THOSE MEMBERS VOTING. IT SAYS THEN PRESENT. OKAY. SO I EITHER ONE OF TWO THINGS ARE GONNA HAPPEN HERE. EITHER IT WILL BE DENIED OR MR. BLAND WILL HAVE TO CHANGE HIS VOTE IN ORDER TO GRANT, IN ORDER TO HAVE THE, UH, REQUEST GRANTED. SO THE QUESTION WAS, WHAT WAS THE FIVE CHANGE THAT THEY WANTED CHANGE? IT WAS NUMBER FIVE. I DON'T HAVE MY DOCUMENT, SO THAT'S THE ONLY REASON WHY I'VE STAIN IT. I'LL GIVE IT TO YOU. IT HAD TO DO WITH THE EXISTING CONDITIONS. YEAH. LEGALIZING THE EXISTING CONDITIONS. BUT IT WAS, THEY DON'T GET THE SUBDIVISION FROM YONKERS. NO, NO, NO, NO. WHAT IT SAID, IF MY RECOLLECTION IS CORRECT, IS THAT NONE OF THE VARIANCES THAT YOU GRANTED ALL OR RATHER ALL OF THE VARIANCES THAT WERE GRANTED WOULD LAPSE IF YONKERS YONKERS DIDN'T GRANT SUBDIVISION APPROVAL FOR THE FOUR HOUSES ON THAT. CORRECT. THAT SIDE OF THE PROPERTY WITHIN TWO YEARS, I BELIEVE. SO THEY'RE ASKING FOR THAT TO BE REMOVED. NO, NO. THEY'RE ASKING FOR IT TO BE VISED THAT WOULD STAY IN PLACE AND NOT HAVE A SUNSET CLAUSE IN IT. BECAUSE THAT ONE IS, IS NOT RELATED TO THE DEVELOPMENT. IN OTHER WORDS, THEY CAN'T, THEY WOULD LIKE FIX THE VARIANCE. NO, NO. THEY, THERE YOU GO. SEVERAL OF THE VARI, I THINK FOUR OF THE FIVE VARIANCES OR THREE OF THE FIVE VARIANCES HAD TO DO WITH EXISTING CONDITIONS ON THE GREENBERG PART OF THE SITE. RIGHT. WE WERE LEGALIZED AND THEY DIDN'T WANT THOSE VARIANCES TO LAPSE IN THE EVENT THAT THE YONKERS SUBDIVISION WASN'T APPROVED. SO IT WAS SIMPLY RIGHT. SO IF THEY DIDN'T GET THE APPROVAL TO SUBDIVIDE AND BUILD THE HOMES, WHY WOULD WE? THEY'RE NOT SUBDIVIDE. NO, NO. BUT IF THEY DIDN'T GET THE APPROVAL TO BUILD RIGHT. WHY ARE WE GIVING THEM THE APPROVAL TO WIDEN ROAD? IT'S TO LEGALIZE THE CONDITIONS THAT ARE ALREADY ON THE PROPERTY. OKAY. OKAY. OKAY. CHANGE YOUR VOTE. I'LL CHANGE MY VOTE TO HAVE. SO I THINK SHE SHOULD RE I'LL READ IT AGAIN. REVO TO HALF, HALF NAY. HALF. YAY. EXCUSE ME. WHERE DID IT GO? ? WAS I SUPPOSED TO EAT ALL OF THESE BY MYSELF BECAUSE I DIDN'T HAVE LUNCH OR BREAKFAST THIS MORNING? NO DINNER. TAKE ALL OF THEM. THAT'S PROBABLY WHY I'M GETTING A LITTLE LIGHTHEADED. ALL THIS SUGAR THROUGH. NO, I'M LIVING ON THAT. AND NOW CON EDISON IS JUST TEXT THAT THERE'S A CABLE LINE THAT'S GONNA BE COMPROMISED. I GOTTA GET READY TO GO. THAT'S WHY I ASKED TO BE DONE. NOW WE GO BEFORE YOU GO INTO DELIBERATIONS. OKAY? OKAY. MAKES POINT. IT'S A GOOD POINT. WE ARE GOING TO, IT'S A GREASE CABLE LINE THAT IF THE CASH, I'M SORRY, . WE ARE GOING TO, UH, READDRESS CASE 24 32. SAL OLIVA. THAT IS THE JACKSON AVENUE NURSERY. SINCE WE DID HAVE, UH, NOT A UNANIMOUS, I DID NOT CONSIDER THAT. THE WHAT DID YOU DO? ABSTAIN. AB ABSTAIN, AB ABSENT. AND ALTHOUGH ALL THE OTHER MEMBERS OF THE BOARD PRESENT DID NOT ABSTAIN, UM, WE NEED TO HAVE A UNANIMOUS OR WE WOULD HAVE TO, UM, DENY, DENY IT. SO I'M GOING BACK TO FIND OUT IF TO ASK FOR A MOTION. WE CAN, YES. WE CAN HAVE A NEW MOTION TO REHEAR AND SEE WHAT NOW POSITION WE HAVE. UH, YES, MADAM CHAIR. I MOVE TO REHEAR THE, UH, APPLICATION NUMBER 24 32. SAL, OLIVIA AND I SECOND THAT MOTION APPROVED. ALL IN FAVOR? AYE. AYE. AYE. CHAIR VOTES. AYE. THEREFORE WE CAN NOW TAKE UP TOO MANY BREAK. YES. HOPE YOU NEVER HAVE A WATER [02:15:01] MAIN BREAK. OKAY. CHICK-FIL-A PROVED LET'S GO FORWARD. YOU HAVE 75 SIGNS AND, UM, LIGHTS AND AWNINGS WITH THE, UM, YOU KNOW, THE BIG CANS THAT THEY COME OUT WITH THAT SAY, WE'RE OPEN NOW. WELL, I HAD A DIFFERENT IDEA. YOU JUST HAVE ONE SIGN. MM-HMM. ON THE ROOF. IT CAN BE OLD. I THOUGHT ABOUT THAT TOO. NO, SEE, BUT IF YOU ALLOW IT TO TURN YEAH, THAT'S WHAT I WAS GONNA SAY. AND IT TURNS, YOU KNOW, AND THEN WE GO WITH THE DESIGN OF JUST THE CHECK. YEP. COULD BE A FOUR-SIDED SIGN. NOW THAT'S TOO MUCH ADD. COME ON NOW. I DON'T WANNA GO THAT FAR. DO A TWO-SIDED AND JUST LET IT TURN. YOU'D BE LIKE LAS VEGAS. I THOUGHT THEY HAVE THOSE THINGS. YOU LIKE THAT IDEA? WE'RE TALKING ABOUT CHICK-FIL-A. YEP. I WASN'T SURE. DID ANY OF OTHER CASE WE HAVE TALK ABOUT CHICKEN? THIS IS, THIS IS HISTORY. ALRIGHT. IN ALL, IN ALL SERIOUSNESS, ALL ORGANIZED. AND THAT LOOKS LIKE, UM, I WAS JUST A LITTLE CONFUSED ON WHETHER OR NOT THEY WERE WILLING TO GIVE UP THE, UM, THE YARD SIGN FOR THE LARGER SIGN ON THE BUILDING, BUT A ONE, A TWO, A THREE, UM, EVEN WITH THE SIZE, I DID SAY IN OUR LAST MEETING THAT OH, OKAY. HAVEN'T SEEN THE SIZE DOWN AT THE MIDWAY SHOPPING CENTER. I WOULD HAVE NOW THAT IT'S AN OPERATION. GRANTED THE LARGER SEAT, IT'S A LITTLE SMALL. SMALL BECAUSE IT'S SMALL. SO PROBLEM WITH THAT SIGN THOUGH IS A LITTLE DIFFERENT BECAUSE, SO A ONE, A TWO, A THREE, I DON'T HAVE A MAJOR ISSUE WITH. UM, WHICH IS, IS THAT THE ONES REGARDING THE WEST ELEVATION AS THEY'RE CALLING IT? CORRECT. THIS GUY, A THREE IS JUST GIVING THEM THE RIGHT TO PUT A THIRD, OH, A 1, 2, 3. GOTCHA. UM, M TWO, INSTEAD OF DOING A COMPLETE, UM, ENCLOSURE ON THE BOTTOM TO BE CLOSE TO COMPLIANCE, IF WE WANT TO REMOVE SOMETHING, THEY COULD USE THAT SAME BRICK LOOK AND THEN JUST DO THAT AROUND TWO COLUMNS AND THEN IT WOULD STILL BE OPEN ON THE BOTTOM. OH, BUT NOT THE SAME IMPACT. NAH, NAH. WHAT IS THIS YOU'RE SAYING, YOU'RE TALKING ABOUT THIS ONE SAYING WHAT YOU'RE SAYING? DO WHAT YOU'RE TALKING ABOUT A MONUMENT? YEAH, JUST, YEAH. NO. WOULD THIS SIDE, YOU CALL IT A MONUMENT? IT IS A MONUMENT. IF THEY CALL IT A MONUMENT SIGN, THAT'S WHAT THEY WERE REFERRING IT TO AS IF YOU DID A LITTLE ENCLOSURE AROUND EACH OF THE COLUMNS AND OPEN IT, THEN THAT'S ONE LESS VARIANCE. I HAVE ANOTHER WAY. WHY DON'T WE JUST GET RID OF THIS, WHICH I THINK IS VERY UNSAFE. ALL I WAS GONNA SAY IS FREE CHICKEN. YEAH, THAT'S WHAT I WAS SAYING TOO. IT'S GONNA SAY BUY ONE THAT GETS RID OF THE VARIANCE. I WOULD RATHER KEEP THE MONUMENT SODA. BRICK. YEAH. YOU LIKE THE BRICK? YEAH. MM-HMM . I HONESTLY NEVER WOULD'VE EVEN OCCURRED TO ME UNTIL HE MENTIONED IT, BUT IT JUST, I DON'T, HONESTLY, IT'S IF BUY GET ONE FREE BULL. SO, SO THAT IN DIFFERENT WE'RE SAYING GET, WE'RE SAYING THAT THE MIDDLE VARIANCE UNDER, UNDER THIS ONE. NUMBER SIX. OKAY. THIS ONE, THE MIDDLE VARIANCE, WHICH IS THE MAXIMUM SIZE. YEAH. DON'T APPROVE THAT ONE. NO, JUST REMOVE THE VARIABLE. HE SAID THAT THEY WOULD YES, WE WOULD REMOVE IT. REMOVE, WE WOULD DENY THAT ONE BECAUSE, RIGHT, BECAUSE KEEP IN IN MIND. THIS IS A, THEN IT WOULD BE SIZE. THIS IS A 10 FOOT TALL THING. EXACTLY. NOW THE QUESTION THEN IS MY WHOLE, MY WHOLE CONCERN IS I KNOW YOU, YOU'VE SAID SOMETHING, I THINK THAT A SIGN THESE BIG SIGNS, IT SAYS 10 FOOT ON THE SIZE OF THE BUILDING. I THINK THESE ARE, EVEN IF YOU'RE NOT STRAIGHT ON IT, EVEN IF YOU'RE COMING DOWN TARRYTOWN ROAD THIS WAY YOU CAN SEE THIS ONE. IT'S GOING EAST. AND YOU CAN SEE THIS ONE. THESE ARE LED FIVE FOOT TALL SIGNS. NO, THIS IS, YOU DON'T NEED A SIGN HERE. THEY'RE NOT FIVE. YOU DO. NO, YOU DON'T NEED IT THERE. THEY'RE NOT FIVE. YOU JUST NEED IT. THEY ARE NO, I I THAT'S WHAT HE, THAT'S 60 INCH CHANNEL LETTERS. THAT'S FIVE FEET. 60 INCH CHANNEL. 60 INCH CHANNEL. WE NEEDED THE MONUMENT TIME. WHY? IT'S LIKE A FLAGSHIP. CHICK-FIL-A. THEY SHOULD HAVE A MINOR SIGN. THEY'RE ALL FLAGSHIP CHICK-FIL-A. NO, THEY'RE NOT. THEY'RE ALL BIG. THEY'RE ALL EVERYWHERE. I WAS DRIVING DOWN CENTRAL AVENUE TODAY, AND YOU CAN SEE THAT CHICK-FIL-A SIGN, A QUARTER MILE BEFORE YOU GET THERE AND YOU'RE NOT HEAD ON IT TO, YOU KNOW, IT'S A, JUST THE ONE IN YONKERS OR THE ONE IN THE MIDWAY SHOPPING CENTER, NOT MIDWAY. GOT SQUID. LOOK FOR IT. AND AGAIN, LIKE I SAID, I WOULD'VE, AND LIKE THE SENSE OF PEOPLE MIGHT MISS THE, THE TURN AND HAVE TO DRIVE ANOTHER BLOCK. NO, IT'S, THERE [02:20:01] ARE NO OTHER BLOCKS. IT'S TERRIBLE. YOU GOTTA GO ALL THE WAY AROUND. YOU'D TO GO ALL THE WAY DOWN. AND THEY DON'T HAVE GPS AND THEY DON'T HAVE NO, I AGREE. MARE SAID THE SAME THING. I AGREE WITH THAT. BUT AGAIN, OUR CONCERN IN THE VERY BEGINNING WAS ASSISTING WITH TRAFFIC CONTROL. SO IF YOU HAVE FOLKS GOING UP TO THE COUNTY CENTER, TURN AROUND TO GET ON THE BRONX RIVER PARKWAY WITH AN EVENT GOING ON WITH THE INTENT OF BUYING CHICK-FIL-A TO THEN TURN BACK AROUND THE U-TURN ON ONE 19, I THINK IT DOES CREATE A HARDSHIP. I I DON'T HAVE A PROBLEM WITH THE THIRD SIGN GOING ON. THE, THE, THE SIDE OF THE, I MEAN, I, BUT I, I, I DO HAVE MY, I DO HAVE A CONCERN WITH ALL OF THIS THAT THIS IS GONNA BE SIGN BLINDNESS SOMETIMES WHEN YOU GOT TOO MANY OF THEM. THAT'S WHAT I WANTED TO FIND OUT, WHAT YOU WERE GETTING AT IN TERMS OF THE TOTAL NUMBER OF SIGNS, INCLUDING STOP SIGNS, DIRECTIONAL SIGNS. IT'S GONNA BE PEOPLE, THERE ARE JUST TOO MANY ON THIS ONE SMALL SITE. DO YOU HAVE ANY, I MEAN, EVERY PLACE YOU LOOK AND AT SOME POINT YOU STOP, IT'S NOT GONNA BE GOING ON THERE. SEEING THEM AND FOLLOWING. I WAS GONNA SAY HAVE GOING ON THERE. SO DO WE WANNA GIVE A RESTRICTION IN TERMS? WELL, THEY'RE GONNA SHUT IT OFF AT, WHAT, 10 O'CLOCK? YEAH. BY CLOSING. YEP. I JUST, AND THEY'RE, AND THEY'RE RED. SO THE RED IS NOT GONNA BE, AS YOUR POINT WAS WELL TAKEN IN TERMS OF WHETHER THEY'RE GONNA BE LIGHTS ON, TOP OF LIGHTS ON TOP OF IT. THE RED IS, IF YOU LOOK AT IT, IT'S KIND OF NOT, WOULDN'T SAY MUTED, BUT IT'S NOT AS OFFENSIVE. YEAH. ALRIGHT. SO NOW THAT I HAVE THIS MONUMENT PAGE LOOKING ME IN THE FACE, WHAT IS THE CONCERN THEY WANT TAKE OUT THIS, GET RID OF THE, AND WHETHER THEY DON'T SAY SCENES, GET THE RID OF THE COMMUNITY THING THAT THEY, IF HE SAID THAT IF YOU TAKE THAT OUT, IT CAN BECOME COMPLIANT. CORRECT. WITH, WITH THE MIDDLE VARIANCE REQUESTED, SQUARE THE SQUARE FEET OF IT. IT SAYS IF THE MANUAL READER BOARD DISPLAY IS REMOVED, BECAUSE IT SAYS THE MAXIMUM SIZE OF YARD SIDE IS 20 SQUARE FEET BY RIGHT. THEY'RE ASKING FOR 32 98. IF YOU TAKE AWAY THIS AND YOU JUST USE THAT SIGN, THAT VARIANCE IS NO LONGER REQUIRED. SO YOU'RE NOT CHANGING THE HEIGHT OR WIDTH? NO, WE ARE CHANGING THE HEIGHT. NO, IT WOULD BE LOWER. IT WOULD, IT MIGHT, THEY DON'T NEED, IT WOULD BE LOWER VARIANCE ANYWAY. WE'RE GONNA REDUCE IT FROM 10 FEET. YEAH. TO TWO AND A HALF. IT WOULD GO TO, IT WOULD THREE BE REDUCED BY TWO FEET. IT'D BE EIGHT FEET. EIGHT FEET. THEY COULD MAKE IT HIGHER. THEY HAVE, THEY CAN. THAT'S NOT, THEY COULD MAKE THE BRICK WALL HIGHER. HOW HIGH CAN A MONUMENT SIGN BE? AND DO YOU KNOW THAT OVER THE ROAD, BY HEART? SHE'S, SHE KNOWS EVERYTHING. IT'S THE SQUARE FOOTAGE OF THE SIGN. IT'S 20 FEET IS THE, THE MAXIMUM HEIGHT. RIGHT. OH, SO THEY DO IT DOING 10 BY 10. YEAH. IT'S A LITTLE SIGN, LITTLE ITTY BITTY THING. I, I AM NOT, NOT GONNA LIKE, DON'T REALLY THAT MUCH. 10 FEET BY 10 FEET. I DON'T KNOW. LET'S GET IT. 10 FEET BY 10 FEET IN THIS ROOM. AND YOU SEE A LITTLE ITTY BITTY PIGGLY PIGGLY IS THIS TABLE? NO, IT'S 10 FEET. NO, NO, IT'S 10 P IT'S STILL 10 PEOPLE. THE POINT IS IT'S A PURE ADVERTISING SIGN. THIS IS CODE COMPLIANT. ALL SIGNS ARE ALL SIGNS ARE NO. YEAH. WELL, NO, YOU COULD HAVE DIRECTIONAL SIGNS. DIRECTIONAL SIGNS, STOP SIGNS, YIELD SIGNS, PARKING SIGNS. THEY'RE NOT, WE'RE NOT, WE'RE NOT DEALING WITH THOSE. YEAH. AND I, AND I BELIEVE IN THE TRAFFIC, UH, CONSULTATION. THAT WAS WHAT WAS REQUESTED TO HELP. SO IT'S EITHER THIS OR YOU LIKE THIS. LET ME SEE IT MOVE. NO, I SAID OPEN UP THE BOTTOM. OH NO, IT'S KIND. THE CHICK-FIL-A PART IS 17.77 SQUARE FEET. . OKAY, NEVERMIND. LEAVE IT JUST, THE CHICK-FIL-A PART IS WITHIN THE 20 SQUARE FEET. THIS IS 17.77. THIS IS THE PART THAT GETS THEM OVERSIZED. SO NOW GO TO THE NEXT PAGE. YOU WANT TO LOOK LIKE THAT OR THE NEXT ONE? TWO PAGES. TWO PAGES. YEAH. I DON'T LIKE THIS. SAME THING. GO ONE MORE. SAME THING. HOW COME THEY HAVE SOMETHING DPING HERE, YOU GOT THOSE ON THE SIDE. YOU DON'T HAVE AN SG 16. YOURS WAS ON, YOURS WAS ON AMAZON. SG 16. YEAH. YEAH. THIS ONE. OH, SHE HAS A BLANK ON THAT. MAYBE. MUST BE THAT THIS THE OLD PLACE MUST OF DOCUMENTS. OH, THIS IS THE REVISED YOU WANT SG 16. OKAY. THE STOP SIGN RIGHT THERE. IT SAYS STOP. YEAH. FOUND IT. OKAY. THAT'S [02:25:01] FINE. OH JESUS. I DON'T LIKE THAT. THAT IS WAY BETTER THAN THE OTHER. NO, THAT'S, IT IS DANGEROUS. IT IS DANGEROUS TO HAVE SIGNS THAT ARE NOT EVEN ABOUT CHICK-FIL-A. PEOPLE ARE GONNA BE READING THEM ALL THE TIME. IT IS. ARE YOU GONNA YELL AT ME TOO? I'D BE ALL, I THINK IT'S, I THINK IT'S, IT IS VERY CON, VERY DANGEROUS. IT IS NOT A SAFETY, IT'S AN ANTIS SAFETY THING. THOSE FIVE BOYS IN FRONT OF THE COUNTY CENTER, PEOPLE WILL SLOW DOWN TO READ. OH, IT'S THE BOY SCOUTS THING. I LIKE WATCHING THEM . I WONDER WHO THE PEOPLE ARE FROM THE NEW COMPLEXES. EVERYTHING, ALL THE, ALL THE STUDIES TELL YOU THAT THOSE WRITTEN SIGNS, PEOPLE SLOW DOWN TO READ THEM AND YOU GET IT. IT'S JUST NOT, THEY'LL JUST STOP SOMETIME. IT'S NOT GOOD. THEY'RE NOT, THEY'RE NOT SAFE IF YOU STOP. YOU'RE ALREADY IN THE LEFT HAND LANE MAKING A LEFT TURN ONTO, UH, KEN, UH, OLD TARRYTOWN ROAD. BUT THEY'RE NOT THE ONLY ONES WHO ARE GONNA READ IT. EVERYONE'S GONNA READ IT. YOU GOTTA, THIS, THE SIGNS ARE SEEN BY EVERYONE, NOT JUST THE SMALL LITTLE BIT OF PEOPLE GOING TO CHICK-FIL-A. ALRIGHT, SO HOW DO WE, WELL, THAT'S JUST ONE PIECE. WHAT ABOUT THE OTHERS? THE GRANT. WHAT ABOUT THE OTHER VARIANCES? SPREAD? A WHOLE BUNCH OF THEM. UM, A ONE, A TWO, A THREE, M TWO. YOU'RE IN FAVOR OF ALL OF THEM. I MEAN, WITH THE EXCEPTIONS THAT WE SAID. YOU WANT THE WORLD SIGN THE LANGUAGE OFF. THINK THE LANGUAGE WRONG. OH, OKAY. SHE DIDN'T WANT IT. YOU THOUGHT IT WAS UGLY WITH IT OFF. YOU DIDN'T LET YOU, YOU WANNA KEEP IT. YOU WANNA KEEP IT. I DON'T KNOW WHERE SHE'S, SHE'S ALWAYS VERY, YOU DON'T WANNA KEEP IT. OKAY. WE HAVE, I JUST THINK IT'S A DISTRACTION. THANK YOU ALL HEIGHT. HOW TALL? I MEAN, THAT IS A BUSY, BUSY. I THINK IT'S DANGEROUS. I JUST WANT ANYBODY RUN INTO IT. OKAY. BECAUSE THEY KEEP IT IN OUR FILE. DO WE? SO WHAT DO WE DO ABOUT THIS? SO THEN THREE, TWO ABOUT THIS, THEN AGAIN. HMM. THEY GET IT. SO THE SECOND WALL SIGN IS SUPPOSED TO BE RESTRICTED TO TWO FEET. THEY WANT FIVE JUST ON THE LETTER. IT'S TWO AND A HALF ON THE, WE'RE GOING BY THESE ONE BY ONE. RIGHT. SO IT'S GONNA BE TWO AND A HALF ON THE NOA, CHICK-FIL-A. NO. AND THEN THE C IS FIVE. NO. WELL, THAT'S, THAT'S FOR SOMETHING ELSE. THAT, FOR THE, FOR THE, FOR THE FIRST ONE FOR M FILET A A ONE, ONE OF A ONE IS IN COMPLIANCE, RIGHT? I THINK F1 ONE. OH, NO, NO, LET'S GO TO PAGE THREE. FOUR, SORRY. OKAY. A ONE, THE LAW SAID THE, THE PERMIT REQUIRED IS PERMITTED IS FOUR FEET. THEY WANT FIVE FOR THE A. RIGHT. AND FOR THE C SECOND. OKAY. FOR THE SECOND WALL SIGN, WHAT'S PERMITTED IS TWO FEET. THEY WANT FIVE. THEY WANT FIVE. YOU'RE ONLY ALLOWED FIVE FEET ON, FOUR FEET ON ONE SIDE. WHAT THEY'RE TRYING TO DO ON BOTH SIDES. OKAY. SO, BUT WE'RE MAKING 'EM BOTH OVERSIZE. IF YOU'RE GONNA MAKE ANYTHING SMALLER, IT WOULD BE ON THE FRONTAGE BECAUSE YOU ONLY SEE IT ONCE YOU GET INTO THE STREET. WHAT'S FASCINATING IS WHAT'S THE FRONTAGE IF THE CARS GO THIS WAY, THEY ORDER HERE. THEY PICK UP HERE. WELL, THERE'S A LOT OF PEOPLE THAT YOU KNOW, AND HERE'S THE PEOPLE. THERE'S, THEY HAVE TO GO THROUGH, I, I DON'T EVEN KNOW WHERE THE DON'T THEY HAVE TO COME? DON'T THEY HAVE TO COME UP AND GO? THERE ARE SOME DOORS HERE. THERE'S A DOOR HERE. I GUESS THOSE ARE THE TWO DOORS. MM-HMM . UH, SO I DON'T KNOW WHAT'S CONSIDERED THE FRONT, BUT, WELL, THAT'S WHERE THEY'RE WELCOME. FRIENDS. FRIENDS AND FAMILY. RIGHT. SO THEY'RE ASKING FOR FIVE FEET HERE AND HERE WHEN THIS IS FOUR ALLOWED AND TWO ALLOWED. AND YOU'RE SAYING GIVE THEM FIVE ON BOTH? NO, I SAID GIVE THEM FOUR ON THE FRONT AND GIVE THEM FIVE ON THE, THAT SIDE. 'CAUSE THERE YOU'RE COMING. IT'S KILLING HIM TO NOT TALK. YOU'RE COMING FROM THE, I JUST THINK YOU MIGHT BE LOOKING. YOU DON'T HAVE TO WHAT? I THINK YOU MIGHT BE LOOKING AT THE OLD, THE OLD SUBMISSION. NO, THIS IS THE NEW ONE. OKAY. I'M GETTING RID OF THE SO WHERE? YEAH. SO WHAT, GO, GO. YEAH, BECAUSE I KNOW THEY TOOK ONE OFF. I HAVE A ONE, A TWO AND A THREE. [02:30:01] OKAY. THEY, THEY DON'T. WHAT'S AN A ONE, A TWO AND A THREE. . THIS IS A ONE. HOW DO YOU KNOW THAT? 'CAUSE THAT'S WHAT SIGN. JUST IT SAYS A. OH. HOW DO WE KNOW WHICH ONE IS A ONE ON THIS? I DON'T KNOW THAT WE DO. THAT WAS THE CONFUSION. IT'S RIGHT THERE. NO, HERE'S A ONE, BUT NOTHING HERE SAYS A ONE. THAT'S NOT THE RIGHT ONE. IT'S THIS ONE. THAT'S THE DENIAL ORDER. YEAH, IT'S DENIAL. SO A ONE IS HERE, RIGHT? THIS IS GOING BACK TOWARDS NESTO. OKAY, BUT WHERE, WHERE DO YOU SEE THE, OKAY, THEN WHERE IS THE REQUEST? THAT SAYS A ONE. WE WANT FIVE FEET. THEY'RE SAYING THEY WANT FIVE FEET ON BOTH OF, BOTH OF THEM. WE DON'T KNOW WHICH ONE IS A ONE AND EIGHT. SAY TWO. IT SAYS A ONE. IT'S SIGN RIGHT THERE. THERE'S YOUR MEASUREMENTS. NO, BUT HOW DO YOU KNOW WHICH OF THESE REQUESTS? THIS WHERE YOU GO IN. RIGHT. THAT'S WHY, THAT'S WHY THIS IS CONFUSING RIGHT HERE. SEE THE PICTURE? SEE THE FRONT DOOR. FRONT DOOR. THIS IS THE FRONT DOOR. RIGHT? OKAY. AND THEN YOU'RE GONNA SEE YOUR HEIGHTS RIGHT HERE. FOUR, EIGHT. AND IT SAYS FOUR POINT. WHAT IS IT? THIS IS THE HEIGHT RIGHT HERE. IT SAYS FOUR EIGHT. OKAY. SO WHY IS IT OKAY? AND NOW THEY'RE ASKING FOR IT NOT BE. OKAY. FRONT ELEVATION. RIGHT. A ONE IN MY PACKAGE. THIS IS COMPLIANT. IT SAYS THE VARIANCE IS FOR NONCOMPLIANCE. FOR THE C. RIGHT? 48 FOR THE, SO IT'S A DIFFERENT ELEVATION. SO THAT, THAT NONCOMPLIANT ONE IS THE WEST ELEVATION, WHICH IS, THAT'S GONNA BE 18 PAGE TWO, CORRECT? YEAH. SO A ONE WE SHOULD, WE SHOULD BE GOOD WITH A ONE. OKAY. AND NOW A TWO. WAIT, THIS IT A TWO. IS THE, IS THIS, ARE YOU SAYING THIS IS A ONE? NO, IT'S A TWO. OH YES, IT'S A ONE. A ONE. THAT'S A ONE. A ONE. A ONE. OKAY. THIS ELEVATION FROM APRIL 8TH SHOWS FOUR FEET. YES. RIGHT. FOR THE C. SO ISN'T THAT COMPLIANT? YES. YEAH. SO WHY ARE WE GETTING THAT'S A DIFFERENT ELEVATION. THAT'S WEST. THAT'S WEST. THAT'S CORRECT. THIS ELEVATION IS NOT OKAY. THEY GOT IT. MM-HMM . RIGHT? . HA ONE SHOULD BE OKAY. A TWO IS REQUIRING ADDITIONAL SIZE OF FIVE A TWO. YEP. RIGHT. AND THEN DOWN TO SIX OR SEVEN. RIGHT? RIGHT. A ONE THAT IS GIGANTIC. ON A TWO. SO A TWO IS GONNA BE THE SIDE FACING ONE 19 AT A KITTY CORNER FROM WHITE PLAINS COMING, THEY INDICATE NORTH, BUT HEADING TOWARDS THE TAP Z AND ALSO AQUEDUCT. CORRECT. COMING FROM AQUEDUCT. CORRECT. COMING OUT OF THE GAS STATION. RIGHT? RIGHT. ENTERPRISE, IF YOU WERE COMING DOWN FROM WHITE PLAINS TOWARDS THE 2 87 EXCHANGE, YOU WOULD SEE A TWO, WHICH HAS FIVE FOOT SEATS. CAN I JUST SHOW YOU THE DIFF TWO AND A HALF ON THE UPPER LEFT? THIS ONE, LOOK HOW BIG IT IS. THERE IS LIKE ALMOST NO SPACE ON THE TOP OR BOTTOM. IT IS REALLY BIG. ACCORDING TO THIS. IT'S 71. NO, IT'S 60 INCHES. IT'S FIVE FEET. WHICH ONE ARE YOU LOOKING AT? SEEN RAYMORE FLANIGAN SIGN DOING THIS. IT DOESN'T MAKE THIS ONE. RIGHT. THAT DOESN'T MAKE THIS RIGHT. IT IS, IT'S LIKE A COMMERCIAL. DID WE APPROVE? WE DIDN'T APPROVE THAT, DID WE? YEAH, WE STICK. YOU GUYS WERE APPROVED. I DID. I I VOTE ON THAT YOU GUYS. I, I SAID I MADE A MISTAKE WITH STICK. I SAID I MADE A MISTAKE WITH STICKLEY SO I CAN, SO I DON'T SEE WHY THIS COULDN'T BE FOUR FEET. IF THIS IS WHAT FIVE FEET LOOKS LIKE, IT IS LIKE SQUISHED IN THERE. I DON'T HAVE A PROBLEM WITH IT AS IT IS NEITHER. IT'S JUST, I DON'T HAVE A PROBLEM WITH THAT. THAT'S THE ONE FACING TARRYTOWN ROAD. MM-HMM . THIS IS, YEAH, WEST ELEVATION FACING ONE 19 RIGHT BEHIND THE SHRUBS AND EVERYTHING ELSE THEY'RE GONNA PLANT. I DON'T HAVE A PROBLEM WITH THAT. IT'S AT THE, IT'S AT THE, WHICHEVER ONE YOU WANT TO CALL IT. YOU LOOK AT IT THIS WAY. THE ONE'S FACING THE MAJOR TRAFFIC. YES. YOU HAVE TO LOOK AT IT FROM THE OKAY. VANTAGE POINT. IT'S NOT NEAR THE, IS THIS, IS THIS THE, THIS IS THE WEST ELEVATION. YES. 50 50 FEET AWAY. THAT'S FACING WHITE PLAINS ROAD, BUT IT IS. OKAY. AND IT'S HOW FAR AWAY FROM THE ROAD, BUT IT GOES ALL THE WAY DOWN THE ROAD IS OVER THERE. RIGHT. AND THEN THE AWNING TRAVELING. HERE'S THE ROAD. BUT LOOK AT THIS ONE IS SMALLER AND IT'S OVER HERE. YES. AND IT'S FURTHER AWAY FROM EVERYTHING BECAUSE YOU ONLY SEE IT FROM THAT ANGLE. [02:35:01] RIGHT. ONCE YOU SEE IT COMING FROM HERE, ONCE YOU, ONCE YOU ENTER INTO THE PARKING LOT, YOU HAVE TO GET IN THE PARKING LOT TO SEE IT. THE YARD SIGNS GO DRAW YOU IN, OR THE MONUMENT WILL DRAW YOU IN. AND WHEN YOU GET IN THE PARKING LOT, YOU SEE A SMALL CHICK-FIL-A SIGN. AND NOW THEY'RE REQUESTING TO HAVE A VARIANCE FOR A THREE, WHICH WOULD BE IN COMPLIANCE IF GRANTED, I, I THINK IT'S, I THINK IT'S VERY UNATTRACTIVE. BUT WHAT THE SOUTH ELEVATION IS BACK TO FOUR FEET AND WE JUST, THEY JUST WANT US TO AGREE THAT THEY CAN HAVE A THIRD SIGN. YES. I DON'T HAVE A PROBLEM WITH THAT. CORRECT. THAT'S A FOUR FOOT SEAT. AND IT'S JUST THE QUANTITY OF SIGNS, NOT THE, AND THE ONLY OTHER THING IS FOR THE MONUMENT SIGN, ARE YOU OKAY? IS WITH YARD SIGN HAS NO CLEARANCE CLOSER, A CLOSER YARD SIGN WITHOUT FIVE FOOT CLEARANCE CLOSER THAN 20 FEET OF PROPERTY LINE. THAT'S CLEAR AS MINE. UM, WE'RE OKAY WITH THE DISTANCE FROM, DO YOU KNOW ANYTHING OBSTRUCTION? DO YOU KNOW ANYTHING ABOUT ODELL HOUSE? OKAY. IS ARE EVERYBODY, DOES EVERYBODY AGREE WITH, DO YOU HAVE A VOTE ON THE YAY THERE IS FOR THE HOT CHILI CHICK-FIL-A SANDWICH. OKAY, SO YOU'RE SAYING THE LOCATION OF THE MONUMENT SIGN IS OKAY WITH YOU? THE LOCATION, IT'S JUST THE SIZE HAS TO BE SMALL. OKAY. WE'VE GONE THROUGH THEM ALL AND THE SIZE DOESN'T, AND I UNDERSTAND THEM WHETHER OR NOT IT HAS THAT READER BOARD OR NOT. THESE DO NOT HAVE TO BE UNANIMOUS. NOPE. NO. SO YOU CAN ABSTAIN. I CAN VOTE. NO, I TRIED. I CAN VOTE. NO. THAT'S PROBABLY THE FIRST TIME I EVER ABSTAINED AND THE ENTIRE STOP THE, I'M THE, I DON'T THINK IN HOWEVER MANY MILLION YEARS I'VE BEEN ON THE BOARD, I'VE EVER ABSTAINED ANYTHING. YOU JUST WANTED TO HAVE SOMETHING TO GET YOU. I, I DIDN'T READ IT. I DIDN'T KNOW WHAT, I DIDN'T KNOW WHAT I WAS TALKING ABOUT, SO I COULDN'T SAY YES. OKAY, WE'RE GOOD. . OKAY. WHAT? I THINK WE'VE DONE CHICK-FIL-A. DOES IT HAVE? WELL, I SAID YAY. YAY, YAY. SO IT'S THREE TO THREE, RIGHT? SO YAY. FOR THE WHOLE SHEBANG? WELL, NO, I COULDN'T GET SOME. NO. WELL, WE'RE SAYING NAY TO JUST THE SMALL SIGN. THE THE SMALL SIGN, RIGHT? OH YEAH. THERE'S STILL FOUR FOUR. WE THEY'VE GOT FOUR. EXCEPT FOR THE MIDDLE ONE. EXCEPT FOR THE MIDDLE ONE. YARD SIGN. MIDDLE ONE, WE DON'T HAVE FOUR. THEY DON'T, THEY DON'T WANT THE LANGUAGE. THEY DON'T WANT OH, YOU DON'T LIKE THE LANGUAGE? NO, THEY DON'T LIKE THE LED BOARD BY TROS GOING AROUND ME. WE DON'T LIKE THE WRITING. YOU DON'T THINK IT LOOKS UGLY? NO. NOPE. , YOU WANNA ASK FOR ANOTHER MOCKUP? I THINK IT'S DISTRACTING. BUT HOW ABOUT THE BIG GA'S BIRTHDAY? WHO THE HELL IS DAMN WAS OUT THERE? OKAY. I MEAN, I DO IT RIGHT DOWN THE STREET. NO, I'LL LET CHICK-FIL-A ADVERTISE ON MY BOARD. HOW ABOUT THAT? NO, UH, YOUR BOARD. HOW CAN WE GET AROUND THIS? WE, WE CAN GIVE THEM EVERYTHING EXCEPT THAT WHAT DOES EVERYONE WANT? IT'S, WE JUST WANT, THERE ARE SEVEN DIFFERENT VARIANCES. WE CAN VOTE YES ON SIX AND WE CAN HAVE A SPLIT VOTE ON THE SEVENTH. THAT'S WHAT I'M ASKING. SPLIT DOESN'T MEAN ANYTHING. IT'S EITHER A YAY OR A NAY. WELL, IF TWO OF US VOTE NAY, THEN IT'S A NAY. RIGHT? BUT ON THE OTHER SIX, WE ALL AGREE ON THE PHONE. HMM. . BUT, UM, ALL RIGHT. BUT SOMEBODY'S GOTTA WRITE IT ALL UP. THE DENIAL AND THE THE YES. BILL LOVES WRITING THOSE UP. WELL, DO WE WANNA GIVE THEM AN OPPORTUNITY TO COME BACK? NO. NO, NO. BUT WHY WOULD YOU DENY IT? BECAUSE DENYING IT. YOU'RE GIVING THEM THIS. NO YOU'S GIVING THEM . WELL, YOU'RE NOT IF YOU DENY IT. WE DID. HE CALLED. IF YOU DENY IT, IT'S IN THE OTHER PACKAGE. A 1 8 2 A THREE ARE GONNA GET DENIED. THEY'RE [02:40:01] RIGHT. WE'RE VOTING ON SEVEN DIFFERENT VARIANCES FOR THEM. SIX OF WHICH ARE UNANIMOUS. THE SEVENTH, THERE ARE TWO NOTES. . I SWEAR TO GOD IT WAS RIGHT. HERE YOU GO. DON'T GIVE HER, DON'T GIVE THEM ANOTHER ONE. I'LL JUST HOLD IT UP. NOT KIDDING. MAYBE THEY WOULD MAKE IT LOOK NICER. ALL YOU GOTTA DO IS PUT A LITTLE GREENERY UNDER IT. NO, NO. I MEAN LIKE, GIVE IT, MAYBE MAKE IT UNDER, LIKE MAKE IT MORE RED WITH THE WRITING IN THE MIDDLE. THEY'RE, THEY'RE GONNA DO WHAT CORPORATE SAYS TO DO. RIGHT? YAY. YAY TO MORE. YOU SAY YAY TO ALL OF THEM TO THIS. YEAH, SURE. BUT THAT'S NOT WHAT THEY'RE ASKING FOR. NO, HE'S ASKING US TO SAY NA TO THAT ONE. THAT'S WHAT WE'RE SAYING. WE'RE SAYING, WE'RE SAYING YES TO THIS NAY TO THAT'S WHAT I'M SAYING, THIS, THAT'S WHAT I'M SAYING NOW. YEAH. SO IF YOU SAY TO THIS, THIS IS WHAT YOU GET. YES. OKAY. CORRECT. BUT I DON'T AGREE TO THAT. SO WE, I DON'T CARE. . OKAY. GOD ALRIGHTYY 10 21 SAKE. THE APPLICANT AGREED THAT THEY WOULD TAKE IT OUT. RIGHT, RIGHT. THERE WE GO. SO WHY CAN'T MAKE THAT A STEP? SET IT RIGHT INTO THE MICROPHONE. SO WHY DON'T WE, HE SAID, WELL IF WE, IF WE HAD THEM TAKE IT OUT, IT WOULD BE WITHIN, SO THEN WE CAN MAKE, CAN WE MAKE THAT A STEP? AND I DON'T MAKE IT COMPLIANT IN TERMS MATTER, MATTER FOOTAGE OF THE SIGN. RIGHT. THEN WHY DENY IT? WE MAKE IT A STEP. SO IF, WHY IT DOESN'T NEED, IF YOU DENY IT, THEN IT AUTOMATICALLY HAPPENS. THERE'S NO STIPULATION. WE'LL DENY THAT VARIANCE, THAT ONE WE'RE GONNA DENY THAT ONE VARIANCE, THIS WHATEVER. SET THIS ONE. AND THEN AS OF RIGHT, THEY HAVE, THEN THEY HAVE TO MAKE IT ZONING COMPLIANT, WHICH IS WHAT WILL HAPPEN IF THEY TAKE OUT THE WRITING. HOLD ON. WE'RE VOTING ON, WE WE'RE VOTING TO DENY THE REQUEST TO GRANT SIX OUT OF THE SEVEN. OKAY. VARIANCES. OKAY. OKAY. ONE THAT WE DENY IS THIS ONE. ALRIGHT. OKAY. GOOD. NEXT. AND THEN MAKE IT SIMPLE ENOUGH. MM-HMM . COPY THAT. NEXT. WE GOT SOME HARD ONES. NO WE DON'T. NO WE DON'T. NO WE DON'T. NO. NOW IT GETS, NO, WE DON'T. NOW IT GETS A LOT SIMPLER. THIS IS DOWNHILL FROM HERE. THAT'S TRUE. THIS IS DOWNHILL. OKAY. 25 DASH ZERO WITH DELI. WHERE ARE WE? THE DELI. OH, TURN THE PAGE. 25. OH FIVE. TURN. TURN IT OVER. NO, I'M NOT TURNING ANY PAGE. . I'M SORRY. OKAY. 25 0 5. IT'S NOT REALLY A DELI. DO WE WANNA TAKE A STRAW VOTE RIGHT NOW? BEFORE A DISCUSSION HASN'T EVEN BEEN A, AND THE ONE THING THAT SO MANY YEARS, THE ONE THING THAT I DIDN'T SAY WAS THAT BECAUSE OF ALL THE CONTROVERSY, AND THIS IS WHEN JERRY, WHO I KNOW VERY WELL AS COMMISSIONER, THERE WAS SO MUCH CONTROVERSY OVER WHAT WAS HAPPENING AT THAT LOCATION THAT THAT ACTUAL PARKING LOT THEY'RE TALKING ABOUT NOW IS ONLY ACCESSIBLE WHEN THERE ARE TOWN EVENTS HAPPENING IN OUR PARK. SO THERE IS NO PARKING ANYWHERE ELSE OTHER THAN, BUT THEY'RE ASKING FOR IT TO BE INCREASED THE PARKING PARK BECAUSE THERE'S NO PLACE ELSE TO PARK NOW. RIGHT. WAIT, WHAT YOU TALKING ABOUT? I, THE ACTUAL PARKING LOT THAT THE NEIGHBORS WERE COMPLAINING ABOUT, THERE USED TO BE PULLING SLOTS THAT WERE ACROSS THE STREET FROM THIS. OH, IT WAS THE HANGOUT ADJACENT TO THE PARK. RIGHT. SO, RIGHT. SO IT'S NOW ENCLOSED WITH A CLOSED GATE. OH, SO THERE IS NO PARKING OTHER THAN WHAT WOULD BE IN FRONT OF THE STORE ITSELF. I SEE. WHICH THEY GOT RID OF THE CURB CUT. THAT'S BECAUSE NEIGHBORS HOUSE. THAT'S BECAUSE EVERYBODY WALKS TO IT. THAT'S WHY THEY NEED IT THERE. RIGHT. I VOTE TO DENY, DENY DENY. WHAT YOU DENYING THOUGH? I KNOW THE, I KNOW THE USE VARIANCE, ALL OF IT. BUT THERE ARE SEVERAL AREA VARIANCE. ALL OF IT. ALL OF THEM. WELL, WHAT WERE THE AREA VARIANCE? WELL, SOME OF THEM GO UP AGAINST THE NEXT, THE NEXT DOOR NEIGHBORS. YEAH. UH, HERE THEY'RE STRUCTURE JUST LIKE A MILLION. ANOTHER ONE IS, UH, LEGALIZING ALL THE OUTSIDE STRUCTURES. OVERALL COVERAGE. THEY WANTED TO GO FROM 30% TO 34.3. THEY WANT, THEY WANTED TO INCREASE THE LETTERING AND PER VIA SERVICE. 46 2. OH, WHICH ONE IS IT? THE SHED THE DISTANCE. RIGHT. THEY HAD TO GO DOWN FROM 11 SPACES REQUIRED TO TWO SPACES. NO, THIS IS ON A DIFFERENT PIECE OF PAPER. IT'S BURIED IN THE PACKAGE. NO, THESE ARE ALL THE VARIANCES THEY WANT. OH, OKAY. THIS IS NOT PERFORMING. TWO DRIVEWAY 30. I LOOKED AT ALL OF THESE 60 IN THE LIST. I COULDN'T DO IT. I NEEDED THE CHART. I CAN'T LOOK AT IT IN A LIST. OKAY. I, I SEE. WAIT, THAT'S A TWO FAMILY HOUSE ON THE PROPERTY? NO, IT'S THE HOUSE NEXT DOOR. NO, NO. IT'S ON THAT LOT. SO IT HAS, IT'S ON THE LOT, BUT IT HAS A TWO FAMILY GARAGE. AND THE TWO FAMILY IS VERY [02:45:01] NICE. IT'S GOT GARDEN LANDLORDS MAKING MONEY. YEAH. SO THERE WAS MENTION OF A LAUNDROMAT PARK. HE KIND OF SAID IT PARTIALLY YEAH. RESOURCE CENTER. BUT WHERE WOULD YOU PARK? WELL, IT'S A LAUNDROMAT. WHERE YOU GONNA PARK? THERE'S NO PARKING. THE REASON WHY THEY CLOSED OFF THE PARKING ACROSS THE STREET BY THE PARK IS BECAUSE OF THE SITUATION ACROSS THE STREET. SO THAT'S, BUT THAT'S NOT THEIR PARKING. BUT YOU STILL HAVE TO HAVE ON ONSITE PARKING FOR THOSE COMMERCIAL USE. OKAY. SO IF YOU TEAR DOWN THE DELI, YOU CAN PUT I SEE THEY, THEY WANT TO GO FROM UH, 11 REQUIRED SPACES TO TWO TO TWO. RIGHT. BUT THEN GO TO THE HOUSE. THEY WANT TO GO FROM, UH, WHATEVER'S REQUIRED TO ZERO SPACES. YEAH. SO WHERE, WHERE THE RESIDENTS SUPPOSED TO PARK. THE ONLY THE WHOLE AREA OF VARIANCE I WOULD GRIN IS ANYTHING WITH THE EXISTING HOUSE. YES. DYNAMITE. AND, UH, I MEAN THE HOUSE, HOLD ON. YOU COULD GO BEFORE PLANNING AND DEVELOP SOMETHING THAT'S A MIXED USE AND IF, IF THAT WAS PERMITTABLE, BUT IT'S IN THE RESIDENTIAL NEIGHBORHOOD, THAT'S WHAT WE DOING. I'D RATHER SEE THEM TRY TO SUBDIVIDE IT, TEAR IT DOWN AND PUT ANOTHER HOUSE UP AND TRY. RIGHT. THAT'S WHAT I WAS THINKING. TRY TO GET A VARIANCE FOR LOT SIZE. I MEAN, WHATEVER IT IS, I, IT'S NOT FOR US TO SAY, I JUST DON'T WANT TO GIVE THEM. IS IT A, UM, ELIMINATE ALL THE LANDSCAPING ON EVERY YARD? ELIMINATE, UM, THE MAXIMUM, MAKE THE MAXIMUM WIDTH OF THE DRIVEWAY. 60 FEET. UM, THERE'S NOT ONE VARI. THIS, THIS, THESE ARE THE VARIANCES THAT THEY'RE REQUESTING. THERE'S ONE VARIANCE ON THERE THAT I CAN GO ALONG WITH. THERE'S, THERE'S AN EASIER WAY THEY BURIED IN THE PACKAGE. IS THIS DOCUMENT. ONE HAS THEM ALL IN A CHART. MM-HMM . IF THE YEAH. BUILDING WERE SOMETHING DONE WITH IT. COULD IT BE A, A STRUCTURE FOR TWO FAMILIES OR NOT? SINCE THERE'S ONE NEXT TO IT, THEY WOULD STILL NEED TO USE VARIANCE. UM, NO, I KNOW THEY'D NEED THAT, BUT I'M SAYING CAN, IT DOESN'T LOOK LIKE IT'S BIG ENOUGH. IT LOOKS PRETTY RAMP, IT DOESN'T LOOK LIKE IT WAS CONSTRUCTED. THAT STERILY. NO. THEY HAVE TO DO MAJOR STRUCTURAL REPAIRS TO THE BUILDING. I I TRYING TO PHRASE THAT DELICATELY. YEAH. IT WAS STRUCTURED AND ROTTING OUT. DID THE FLOOR WAS YEAH. DEFLECTING. SO AS FAR AS I'M CONCERNED, TEARING IT DOWN, QUALITY AMUSEMENT WOULD BE THE BEST SOLUTION. THAT'S WHAT I'M ASKING. COULD THEY PUT A TWO FAMILY THERE IF THEY, YOU HAVE A TWO CAR GARAGE? THEY COULD, IF, IF YOU TOOK DOWN THE SHED AND THE GARAGE AND THE BUILDING AND YOU LANDSCAPED. IT'S, IT'S A SAME LOT SIZE, I THINK, OR SIMILAR TO MANY OF THE OTHER RIGHT. LOCATIONS. IT'S A DOUBLE, ALMOST A DOUBLE SIZE LOT. YEAH. BUT AT LEAST ACCORDING TO THAT'S WHAT IT LOOKS LIKE FROM THE MAP. ALRIGHT, SO THERE'S A DEFINITE DENIAL OF THE USE VARIANCE. AND WHAT ABOUT THE AREA OF AREA NINE? YOU HAVE TO DENY THEM BECAUSE WHAT PURPOSE WOULD IT SIT? RIGHT? EVERYTHING. I JUST WANNA MAKE MOMENT. IT'S A SEVEN AND AN FIVE. SO IT'S OVERSIZED BUT NOT DOUBLE. RIGHT. OVERSIZED. NOT DOUBLE OVERSIZED. OKAY. ALRIGHT. YEAH. OKAY. OKAY. UM, NA NAY, NAY, NAY. OH, THE NEXT ONE IS THE DRIVEWAY. NAY. OKAY. WHO'S NAY? NAY. I DUNNO. HMM. YOU WANT A THREE? YOU WANT A THREE? THREE? WHO WANTS THE RIGHT CAR WITH YOUR DRIVEWAY? I THINK THEY'RE STILL GOING THROUGH THE VARIANCE. DENICE. WE DON'T HAVE TO WRITE. SHE WANT KI WANTS TO KNOW WHO IS GONNA WRITE UP THE USE VARIANCE. YOU DON'T HAVE TO JUST SAY NA. YOU HAVE TO PUT FINDINGS. YOU HAVE TO HAVE FINDINGS. I FIND NAY. OKAY. I THINK YOU SHOULD DO THAT ONE PRINCIPLE BUILDING. YOU DO THAT ONE. YOU HAVE THE MOST KNOWLEDGE. I'LL WRITE UP THE DRIVEWAY. I'M DOING CHICK-FIL-A. YOU WANNA DO CHICK-FIL-A? I? YEAH. I GOT CHICK-FIL-A. I ALREADY, I ALREADY CALLED IT. YOU WANT YOU ARE A GOOD WOMAN. YOU'RE BRAVE. THAT'S EASY. LET'S JUST COPY WHAT THEY WROTE. BASICALLY. YOU WANNA WRITE IT UP? WRITE IT UP. I GOTTA WRITE TWO FOR CHICK-FIL-A, A DENIAL AND AN APPROVAL. RIGHT? NOT FOR A, NOT FOR A DENIAL. WHICH ONE ARE WE TALKING ABOUT? WHAT, WHAT? PEDRO LOU'S GONNA WRITE UP THE [02:50:01] DENIAL FOR, UH, THE DELI. NO, HE'S NOT. YOU ARE, YOU ARE, YOU'RE WRITING THE DENIAL FOR THE YOU HAVE ALL WEEKEND TO WORK ON IT. , YOU WERE THE ONE WHO WAS SO, OKAY. OKAY. OKAY. DRIVEWAY. THEY HAVE NOMINATED LOU TO WRITE THIS ONE UP. SO YOU CAN HAND IT TO ME AND I'LL START IT BECAUSE YOU LOOK LIKE ME. RIGHT? EXACTLY. MM-HMM . NO COMMENT. . THAT WAS THE WAY YOU CAN COMMENT WITHOUT WHO HAS A DRIVEWAY. I'LL WRITE UP THE DRIVEWAY. WHAT? WAIT, WE DIDN'T DISCUSS THE DRIVEWAY. I KNOW, BUT I'LL WRITE IT UP. WE'RE GONNA GET, WHY DON'T WE, WE'RE GONNA TELL THEM THEY NEED TO DO I DON'T SEE THE, I MEAN, AND I'M USUALLY QUITE LIBERAL ON THESE THINGS. I REALLY DON'T EVEN SEE THE NEED FOR RIGHT. THIS AREA. NO, I DON'T, I DON'T KNOW WHAT THAT NOISE IS. JUST LOOKING AT IT, YOU COULD PUT FOUR CARS IN THAT DRIVEWAY. RIGHT? YOU COULD PARK FOUR CARS IN THAT DRIVEWAY. EASILY. EASILY. AND THE PICTURES THAT THEY HAD, WAS IT UP AGAINST THE NEIGHBOR? YEAH. WHY WOULD THE NEIGHBORS WANT THEM TO TAKE DOWN ALL THAT LANDSCAPING AND BUILD OUT THE YEAH. SO THAT'S A DENY. AND I HAVE TO WRITE WHY WE'RE DENYING IT. YEAH. YOUR FINDINGS ARE HERE. I MEAN, THEY CAN FIT TWO CARS BEAUTIFULLY. THEY COULD ONLY FIT ONE CAR. OKAY. THEN I, AND AGAIN, I WOULD'VE PROBABLY PARKED CARS A LITTLE CLOSER JUST SO THEY THEY BE ABLE IN THE PHOTO. THE CARS AREN'T PARKED ANYWHERE NEAR AND THERE'S A GARAGE. WE DIDN'T EVEN TALK ABOUT THE FACT THAT THERE'S A GARAGE TOO. NO, I KNOW. I FIGURED THAT THAT GARAGE IS PROBABLY NOT FUNCTIONAL, BUT RIGHT, RIGHT. THAT'S WHY THAT IS A SUBSTANTIAL DRIVEWAY. THAT THAT'S, THAT'S WHAT IT'S FOR. THE BASKETBALL JUST GOT, OKAY, NOW HE'S GOT A SMILE ON HIS FACE. LIKE HE'S OKAY. SAFETY CANARY. SO WE OUTRIGHT DENYING IT. PERIOD. MM-HMM . MM-HMM . OKAY. WHAT'S THAT? WHICH CASE? 4 25 0 6 DENIED. YEP. MM-HMM . THESE FOLKS ARE GETTING TOUGH. MAYBE I CAN RETIRE NEXT WEEK. . . OKAY. ALL RIGHT. WE LOOK TO YOU HERE. SO HOW WE, HOW ARE WE DOING THE, UH, THREE FAMILY? I'M IN FAVOR OF IT. IT SOUNDS LIKE ALL THEY'RE TRYING TO DO IS LEGALIZE THAT THE PAPERWORK TRAIL IS JUST MESSY AND THERE ARE, AND THEY'RE TRYING TO CLEAN IT UP AN AREA TWO FAMILIES. YES. YES. LEGAL. THESE ARE ALL THREE, TWO, AND THREE FAMILY HOUSES THAT ARE NEARBY. OKAY. REMEMBER THIS IS A NEWS VARIANCE WHERE THEY'RE REQUIRED TO SUBMIT DOLLARS AND CENTS PROOF THAT PROPERTY CAN'T BE USED FOR ANY USE PERMITTED. RIGHT. YEAH. SO I'M, WHEN HE SAID THAT THE MAN LEFT A WILL AND HE WANTED HIS WIFE TO HAVE THE FIRST FLOOR AND THEN THE FAMILY TO HAVE THE OTHER FLOORS, WHEN DID HE DIE? . AND IT SAYS HE WAS SANE WHEN HE DIED. RIGHT. BUT EVEN IF IT WAS, IT'S NOT. I THERE ARE, SO THEY'RE SURROUNDED BY THREE FAMILY AND TWO FAMILY HOMES. THAT'S THE JUSTIFICATION. WELL, IT'S BEEN THAT WAY THERE. RECORDS GOING BACK TO THE FIFTIES RIGHT. OR THE SIXTIES. BUT AGAIN, LIKE ED IS SAYING IS, I MEAN THE ONLY THING ABOUT LIKE THE REASONABLE RATE OF RETURN QUESTION IS THAT HE BOUGHT IT. HE BOUGHT IT AS AN INVESTMENT PROPERTY. RIGHT. SO IF YOU LOOK AT IT THAT WAY, AND THAT WAS WHAT, A YEAR AGO? AND HE WAS ALSO YEAH, LAST YEAR, TWO AND A HALF. I DON'T HAVE MY PACKET, BUT WERE FINANCIALS INCLUDED IN THE DOCUMENT. OKAY. I DIDN'T, THERE WAS SO MUCH INCLUDED IN THIS. I DIDN'T SEE ANY GOING THROUGH IT. IT TALKED ABOUT, IT SHOWED THAT THE TAXES HAD BEEN PAID AND WELL, THOSE TAXES ARE CHEAPER THAN MINE. SAME. RIGHT. QUITE A BIT. SO THAT'S WHY I KEPT SAYING THAT. THREE FAMILY. YEAH. THREE FAMILY. I DON'T REMEMBER SEEING ANYTHING ABOUT HIS PERSONAL FINANCES BEING DEPENDENT ON THIS. THEN I DON'T KNOW IF WE CAN VOTE ON IT. THAT'S PROBABLY IS ASKING. YOU CAN ASK HIM. YEAH. ADJOURN IT AND ASK HIM TO COME BACK WITH FURTHER FINANCIAL PROOF THAT THAT'S THE BEST IF YOU ARE, IF YOU ARE OTHERWISE INCLINED [02:55:01] TO GRANT IT, WHICH APPEARED TO BE BE THE CASE. YES. LIKE WE NEED TO KNOW. WELL, HE DID SAY THAT RIGHT NOW. IT REQUIRED A LOT OF WORK TO BRING IT UP TO CODE. NO, HE SAID HE WANTED TO BRING IT UP AND MAKE IT BETTER. BUT, UH, IT WAS ONLY BECAUSE THEY CAME IN WITH THE GAS, UH, WHEN THEY CAME IN TO INSPECT FOR THE GAS AND THEY SAID, OH, YOU NEED TO GET SO AND SO. AND HE SAID, OKAY. AND THEN THEY SAID, WELL, EXCEPT THIS ISN'T THREE THINGS. I THOUGHT THAT ALL I SAW WAS AESTHETIC WORK DONE IN TERMS OF RENOVATIONS WHERE HE, UH, NEEDED PLUMBING, ELECTRICAL, AND CONSTRUCTION WORK. THAT WAS THE OTHER ONE. IT WAS ALL STUFF TO JUST BEAUTIFY AN EXISTING OR EXISTING THREE, UM, APARTMENTS. RIGHT. WELL, WE DON'T KNOW THAT THERE WERE ANY STRUCTURAL PROBLEMS THAT NEEDED ANYTHING. UM, NO. RIGHT. THERE WEREN'T ANY, WE DON'T KNOW, BUT THERE WEREN'T ANY DID HE COME VIOLATIONS FOR STRUCTURAL PROBLEMS OR SOMETHING? THERE WASN'T ANY, WE DIDN'T ISSUE ANY VIOLATIONS FOR STRUCTURAL ISSUES. WHAT WE ISSUED WAS ONLY WHAT WE COULD SEE, WHICH WAS, UM, PLUMBING, ELECTRICAL, AND BUILDING THAT WERE DONE WITHOUT PERMITS. THERE WAS THREE METERS PUT IN WITHOUT PERMITS. SO THERE WAS A LOT OF ALTER AND NOT SAYING THAT THIS APPLICANT DID THE, UM, PREVIOUS OWNERS HAD DONE THE WORK. SO THERE'S A LOT OF INFRASTRUCTURE WORK THAT IS BEING DONE. THE, THIS APPLICANT GUTTED THE FIRST FLOOR, SECOND FLOOR AND THIRD FLOOR AND DID BATHROOMS AND KITCHENS, UM, AND ALL NEW FLOORING THROUGHOUT. OH, SO THAT'S NOT JUST NO, THAT'S NOT JUST, YOU KNOW, PRETTYING IT UP A LITTLE BIT. THAT'S DOING A LOT OF STRUCTURAL WORK. DID I HEAR HIM SAY THAT HE DID IT HIMSELF OR AT LEAST NO, I HAD SOMEONE, YOU HAD SOMEONE DO IT. HE HAD SOMEONE DO IT. OKAY. BUT IN ORDER TO DO THAT, HE WOULD NEED A PERMIT, WHICH HE DID NOT HAVE. WHICH HE DIDN'T GET. RIGHT. SO YOU SHOULD PROBABLY, IF YOU'RE AT ALL INCLINED TO GRANT IT, WHICH YOU APPEARED TO BE BEFORE, UH, HAVE 'EM COME IN WITH A FINANCIALS AND B UH, ARCHITECTURAL DRAWINGS TO SEE WHAT, WHAT'S IN THERE. WHERE IS EACH APARTMENT AND HOW STRUCTURALLY SAFE IS THAT? UM, FIRE ESCAPE AND THE ATTIC. THE, THE, THE FIRE ISSUE I THOUGHT WAS REALLY A GOOD, INTERESTING ISSUE TO FOLLOW UP ON. GETTING A, A FIRE INSPECTION SAFETY INSPECTION. THEY'RE GONNA HAVE TO HAVE THE FIRE ESCAPE CERTIFIED, UM, IN ORDER FOR IT TO BE USED. IF THE THIRD FLOOR IS LEGALIZED, THEN, THEN THEY'RE GOING TO HAVE TO HAVE THAT FIRE ESCAPE CERTIFIED BY AN ENGINEER. OKAY. UM, SO THIS IS ALL STUFF THAT WE CAN PUT IN HERE THAT HE SHOULD COME TO THE BUILDING DEPARTMENT TO GET THE REQUIREMENTS TO UPGRADE THE OR OR GET THE APPROVALS. OKAY. WE'RE NOT GONNA LIST ALL OF THAT STUFF IN OUR, FOR COMPLIANCE COMPLIANCE FOR A CO. SO DO YOU WANT TO BASICALLY SAY APPROVED SUBJECT TWO OR DO WE HAVE TO COME BACK AND VOTE? WE'LL HAVE TO COME BACK. OKAY. WHAT I, I DIDN'T UNDERSTAND. NOT THAT I'M SURPRISED. I THINK BLUE IS INCLINED TO GRANT IT SUBJECT TO. RIGHT. THAT'S THAT'S WHAT I THOUGHT YOU WERE SAYING. CONDITIONS WE DON'T HAVE . BUT WHAT ABOUT THE HARDSHIP ISSUE? WE NEED TO FINANCIALS, UNLESS WE DON'T ED, I'M, I'M LOOKING AT YOU. I MEAN, WHAT, IN TERMS OF LIKE THE REASONABLE RATE OF RETURN, LIKE, WOULD IT BE EASY FOR HIM JUST TO MAKE IT A TWO FAMILIES? OF COURSE. IT COULD BE IF HE DIDN'T HAVE A THIRD. WELL, THAT'S TWO FAMILIES NOT PERMITTED EITHER. SO WE'RE TALKING ABOUT A PUTTING IT BACK AS A ONE FAMILY HOME. OH. OH, NO. WELL, SO THAT, I MEAN THAT'S WHERE, THAT'S THE O OPTION. PUT IT BACK INTO A ONE FAMILY. YEAH. YOU COULD REQUIRE HIM TO COME IN WITH FINANCIAL SHOWING THAT A TWO FAMILY WOULD WORK BUT NOT A ONE FAMILY, IN WHICH CASE YOU WOULDN'T HAVE TO GRANT THE THIRD OR THAT ONLY A THREE FAMILY WOULD, WOULD ALLOW HIM A REASONABLE RETURN ON HIS INVESTMENT. SO IT AND AND THE FACT THAT THE HISTORY OF THE, OF THE PROPERTY IS NOT RELEVANT? NO. OKAY. WELL, I WOULDN'T SAY THAT , THAT WAS [03:00:01] QUICK. ISN'T THAT IT WAS EASY FOR ME TO UNDERSTAND. . ? NO. SOMETIMES THERE ARE THINGS THAT, UH, HAVE OVER BEEN, HAVE BEEN OVERLOOKED FOR 70 YEARS. MM-HMM . ALRIGHT, SO WHERE ARE WE IN ORDER FOR? WE'RE GONNA HAVE TO ADJOURN IT. TAHOE ADJOURN IT FOR ALL PURPOSES. TAHOE. OKAY. WITH A REQUEST THAT HE, THAT HE COME IN WITH THE, THE FINANCIALS. WHAT HE BOUGHT IT FOR? WHAT HE PLANS TO WRITE THE NO, IT GOES IN THE LETTER THAT IT GOES OUT TO THE PPLICANT. OKAY. THAT'S WHAT I WANTED. WE DIDN'T HAVE, WE'RE WRITING A LETTER. OH, NO, NO. TO WRITE UP. LOOKS LIKE, WHICH ONE IS THAT? OH, SEAN, WHAT YOU'RE GONNA DO THE DRIVEWAY? I'M DOING THE DRIVEWAY. MY DINNER. I HAVE SO MANY LEFTOVERS. AND YOU DIDN'T BRING ANY, I I BROUGHT CHOCOLATE. WAIT, YOU WANT ME TO BRING BRISKET? OH, HAVEN'T HAD BRISKET IN A WHILE. THROW EVERYTHING AWAY. I MAKE, STICK IT IN THE FREEZER. I MAKE KILLER. I MAKE A, LIKE A GEL, WHICH IS LIKE A, A UH, LIKE A NOODLE PUDDING, BUT IT'S MADE WITH MANSA AND I HAVE PEACHES IN IT AND SO GOOD. WHICH ONE? IT, IT'S LEGEND. OH WOW. YEAH. NO, IT'S REALLY GOOD. OKAY, LET'S GO. OH, YEAH. OH YEAH. YOU KNOW, I'M NOT GONNA SAY ANYTHING. WE'RE STILL ALL RIGHT. WE ARE BACK AFTER HAVING OUR DELIBERATIONS FOR THIS EVENING. AND EXCUSE ME, CASE NUMBER 24 32. ARE YOU DONE THOUGH? START HERE. YES. I'M SORRY. WHAT HAPPENED TO YOU? . OKAY. CASE 25 0 3, WHICH IS CHICK-FIL-A. THE GREENBERG CBA HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO CEDAR COMPLIANCE. AND WHEREAS THE GREENBERG PLANNING BOARD AS LEAD AGENCY CONDUCTED A, A COORDINATED REVIEW AND DETERMINE 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 AUGUST 16TH. SECOND. NO, THERE'S NO SECOND. WHAT, WHAT IS THIS? THIS IS SICK CHICK-FIL-A. WHAT WAS THAT? YEAH, IT WAS THE SEEKER. SHE'S JUST, DO I HAVE A MOTION? UH, YES, MADAM CHAIR. I MOVE THAT, UH, SIX OUT OF THE SEVEN VARIANCES AND REQUESTED VARIANCES IN CASE NUMBER 25 0 3 BE GRANTED AS FOLLOWS. SECTION TWO 40 DASH THREE C EIGHT KEY LETTERS. LOGO, MAXIMUM HEIGHT, CHICK-FIL-A, SECTION TWO 40 DASH THREE C NINE. SECOND WALL SIGN, RESTRICTED TO TWO FEET IN HEIGHT. THREE SECTION TWO 40 DASH 3D SEVEN. A LETTERING OTHER THAN KEY LETTER LOGO EXCEEDS TWO FEET IN HEIGHT. FOUR SECTION TWO 40 DASH THREE C NINE. THIRD WALL SIGN. CHICK-FIL-A ON BUILDING LOCATED ON A CORNER LOT WHERE ONLY TWO SIGNS PERMITTED. 5 2 40 SECTION THREE C 10 DISTANCE FROM YARD SIGN TO SOUTH PROPERTY LINE. AND NUMBER SIX, THE TWO 40 DASH THREE A FOUR B YARD SIGN WITHOUT FIVE FEET CLEARANCE CLOSER THAN 20 FEET OF PROPERTY LINE. I MOVE THAT THOSE BE GRANTED PROVIDED THAT THE APPLICANT OBTAIN ALL NECESSARY APPROVALS AND FILE. SAME WITH THE BUILDING DEPARTMENT. [03:05:01] 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. AND CONFORMITY WITH THE PLANS DATED SEPTEMBER 14TH, 2023 AND LAST REVISED APRIL 8TH, 2025, SUBMITTED IN SUPPORT OF THIS APPLICATION. OR AS SUCH, PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN. PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN. THE VARIANCES BEING GRANTED ARE FOR THE IMPROVEMENTS SHOWN ON THE PLAN SUBMITTED IN SUPPORT OF THIS APPLICATION. ONLY ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES WE HAVE APPROVED HEREIN. SECOND. SECOND. AYE. ALL IN FAVOR? ALL IN FAVOR? AYE. AYE. AYE. CHAIR VOTES. AYE. UM, THEN I FURTHER MOVE THAT THE SEVENTH REQUESTED VARIANCE FROM SECTION TWO 40 DASH 3D SEVEN B THE MAXIMUM SIZE OF A YARD MONUMENT SIGNED, UM, IS DENIED. THANK YOU. UH, THE FINDINGS WILL BE, UH, UH, SUBMITTED, UH, AT A LATER DATE DUE TO THE LATENESS OF THE HOUR. THANK YOU. NEXT CASE IS 25 0 5 FEDERAL . THAT'S 87 89 PAYNE STREET, BUFORD. WHEREAS THE GREENBERG ZBA HAS REVIEWED AND HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO SECRET COMPLIANCE AND NOW THEREFORE BE IT RESOLVED. THAT'S THE SUBJECT APPLICATION AS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET CONSIDERATION. SECOND, DO I HAVE MADAM CHAIR, I MOVE THAT APPLICATION IN CASE NUMBER 25 DASH FIVE BE DENIED. ALL IN FAVOR? AYE. AYE, CHAIR. AYE. CHAIR VOTES AYE. FINDINGS IN DENYING THIS APPLICATION, THE ZONING BOARD OF APPEALS HAS WEIGHED THE BENEFIT TO BE DERIVED BY THE APPLICANT FROM THE PROPOSED VARIANCE AGAINST THE IMPACT THAT THE VARIANCE WOULD HAVE ON THE SURROUNDING NEIGHBORHOOD. WE HAVE FOUND THAT GRANTING THE VARIANCE WILL RESULT IN A DETRIMENTAL NEARBY PROPERTIES AND WILL ADVERSELY IMPACT THE CHARACTER OF THE PHYSICAL OR ENVIRONMENTS CONDITIONS IN THE NEIGHBORHOOD DISTRICT. BECAUSE THIS PROPERTY HAS DIMINISHED IN THE PAST, THE CHARACTER AND QUALITY OF LIFE FOR THE RESIDENTS IN THIS COMMUNITY, THE VARIANCES ARE SIGNIFICANT IN ALL, IN ALL, ALL IN, EXCUSE ME. THE VARIANCES ARE SIGNIFICANT IN ALL THE VARIANCES THAT ARE DERIVED HEREIN THE REQUESTED VARIANCES SUBSTANTIAL IN RELATION TO THE REQUIREMENTS SOUGHT IN THAT ONE. THE MAXIMUM COVERAGE REQUESTED TO BE IS, IS REQUESTED TO BE INCREASED BY MORE THAN 14.67%. THE INCREASING IMPERVIOUS SURFACE BY 43.09%. THE REQUEST FOR ACCESSORY STRUCTURE REQUIREMENT OF MORE THAN 80% FROM THE NON-CONFORMING TWO FAMILY DWELLING REDUCTION IN THE DIS DISTANCE OF THE SHED FROM THE, FROM THE VACANT BUILDING BY MORE, BY MORE THAN 90% REDUCTION OF THE REQUIRED PARKING FOR A COMMERCIAL RETAIL ESTABLISHMENT FROM 11 SPACES DOWN TO TWO SPACES. REDUCTION OF THE LANDSCAPING STRIP BY MORE THAN A HUNDRED PERCENT FROM 10 FEET TO A REQUIRED, FROM A REQUIRED OF 10, 10 FEET TO ZERO FEET, AS WELL AS IN THE REAR YARD FROM 10 FEET TO ZERO FEET AS WELL. THEY'RE REQUESTING AN INCREASE IN THE DRIVEWAY FROM 30 FEET PERMITTED TO 62 POINT TO 60.2 UH FEET. UM, MORE THAN DOUBLING THE PARKING FOR THAT RESIDENTIAL DWELLING. ALL IN ALL THE INDIVIDUAL VARIANCES ARE SUBSTANTIAL AND THAT NUMBER OF VARIANCES IS MORE THAN EIGHT, UH, MORE THAN EIGHT. AND IS SUBSTANTIAL TO LEGALIZE THIS ALREADY NONCONFORMING PROPERTY. THE GOAL OF THE APPLICANT CAN BE NO, CAN NO, I DON'T EVEN KNOW WHAT TO SAY NOW. I WROTE THAT IMPROPERLY. HOLD ON ONE SECOND. OH, THE, THE GOAL OF THE APPLICANT CAN BE ACHIEVED BY SOME OTHER FEASIBLE MEANS BY DESIGNING A PROPERTY THAT WOULD BE CONFORMING TO THE ZONING OF THIS TOWN. THE APPLICANT'S NEED FOR VARIANCE WAS SELF-CREATED BECAUSE THE PROPERTY WAS PURCHASED AS A NON-CONFORMING [03:10:01] PROPERTY. ALL IN FAVOR? I'M SORRY. ALREADY VOTED. OH, THAT'S RIGHT. I'M SORRY. MADAM CHAIR. YES. UM, CAN WE JUST GO BACK TO THE SEEKER VOTE BECAUSE I DON'T THINK EVERYBODY DID THE VOTE ON THAT. UH OH. I THINK WE DID THE, UM, YOU MADE THE MOTION AND CHRISTIE SECOND, BUT I DON'T THINK THE BOARD, NO ONE ELSE SECONDED. I THINK I IT AND THEN WE NEEDED TO DO A, YEAH, SO AYE, IF ALL ARE IN FAVOR, AYE. AND IT DIDN'T GET DOWN THERE. ? YES. OKAY, SO WE HAVE TO REDO IT. SO WE HAVE TO REDO IT. AND THIS IS FOR, THIS WOULD BE FOR, FOR, UM, OLI FOR 25. DON'T VOTES ON ANY OF THAT. NO, NOT THAT. I'M SORRY. NO, I DON'T THINK THEY TOOK VOTES ON ANY OF THE SEEKER. WELL THE FIRST ONE WAS AN UNLISTED, RIGHT? I DIDN'T DO ONE ON THAT. NOT THAT'S WHAT WE DID. BUT I DID SAY DO I HAVE, DID I HAVE HAVE A MOTION ON LET'S GO BACK TO ALL OF THEM. NO, JUST, JUST 25 0 5 BECAUSE THAT'S THIS. THAT'S THE TYPE TWO. YEAH. I SAID OKAY. AND THE BOARD JUST DIDN'T DO A VOTE. OKAY. ALL RIGHT. SO START FROM THE TOP. START FROM THE TOP. YOUR MOTION ON 25 0 5. MADAM CHAIR. I MAKE A MOTION. I MOVE THAT APPLICATION IN CASE NUMBER 25 DASH ZERO FIVE B DENIED. WAIT, WAIT. YOU CAN'T DO THAT. YOU JUST HAVE TO DO THE SEE WE'VE ALREADY DONE THAT. OH, OKAY. JUST READ THE SECRET. JUST SEE. OH, OKAY. SORRY. I READ THE SEEKER ON THAT ONE BUT DIDN'T HAVE A VOTE ON AND NOW GOD SAID ANYTHING. SO WHY DON'T YOU READ IT? JUST READ IT AGAIN. I'LL READ IT AGAIN. OKAY. THE GREENBERG ZBA HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO SECRET COMPLIANCE. AND NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET CONSIDERATION. SECOND. ALL IN FAVOR? AYE. AYE. AYE. CHAIR VOTES. AYE. I HAVE A QUESTION. DID WE NEED TO VOTE ON THE, MY DENIAL OF THAT CHICK-FIL-A WHEN I SAID THAT ONE IS DENIED? I THOUGHT IT WAS PART OF YOUR MARCH. SHE DID SAY THAT IN THE BEGINNING. I SAID THAT I MOVED THAT THE SECTION ONE? NO, YOU SAID HOW MANY? I SAID SIX OF THE SEVEN. SO WE VOTED ON THE SIXTH. DID WE NEED TO HAVE A VOTE OF THE DENIAL OR NO? WELL I THOUGHT THE SEVENTH WAS PART OF YOUR MOTION TO GRANT. THE MOTION WAS THE GRANT SIXTH. YEAH. AND DENY WON. RIGHT? AND THAT WAS PART OF YOUR MOTION. OKAY, SO WE'RE GOOD. THAT VOTED ON. OKAY. JUST MAKING SURE IF IT WAS, YEAH, I THINK SO. . ALRIGHT. NEXT IS J CASE 25 0 6. RICHARDS MAMO 31 WOODS AVENUE. AND WHEREAS THE GREENBURG ZBA HAS REVIEWED THE ABOVE REFERENCED APPLICATION WITH REGARD TO CA COMPLIANCE AND NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SEEK A CONSIDERATION. DO I HAVE A MOTION? SECOND? SECOND. SECOND. ANYONE ELSE? I SAID SECOND. SECOND. NO, NO. NOW WE VOTE. ALL IN FAVOR? AYE. AYE. AYE. CHAIR VOTES. AYE. AND DO WE HAVE A MOTION? OH, THAT'S THE ONE THAT'S DENIED. I'M SORRY. THE MOTION? YOURS? YEAH. SHA. OH, UM, I MOVE THAT THE APPLICATION IN THE CASE OF 25 0 6 BE DENIED. . THANK YOU. DO I NEED A SECOND? ? SECOND. SECOND. AND VOTE. EVERYBODY'S GOT A VOTE ON THE SECOND. COME ON. NO, YOU VOTE ON THE SECOND. THAT'S THE MOTION. IT'S A MOTION. I SECOND. NO, NOT THE MOTION. ALL IN FAVOR? AYE. AYE. AYE. OKAY. I READ THE MOTION. THANK YOU. FINDINGS TO BE SUBMITTED DUE THE LIKENESS OF THE HOUR. DO YOU HAVE ANY FINDINGS? UH OH. DO YOU WANT ME TO DO THE FINDINGS? IN DENYING THIS APPLICATION, THE ZONING BOARD OF APPEALS HAS WEIGHED THE BENEFIT TO BE DERIVED BY THE APPLICANT FROM THE PROPOSED VARIANCE AGAINST THE IMPACT THAT THAT VARIANCE WOULD HAVE ON SURROUNDING NEIGHBORHOOD. WE HAVE FOUND THAT GRANTING THE VARIANCE WILL RESULT IN A DETRIMENT TO NEARBY PROPERTIES [03:15:01] AND WILL ADVERSELY IMPACT THE CHARACTER OR PHYSICAL ENVIRONMENT TO CONDITIONS IN THE NEIGHBORHOOD DISTRICT BECAUSE THE ADDITION TO THE DRIVER WOULD GREATLY REDUCE THE SETBACK FROM THE NEIGHBOR'S PROPERTY. TWO, THE REQUESTED VARIANCE IS SUBSTANTIAL IN RELATIONSHIP TO THE REQUIREMENTS SOUGHT TO BE VARIED IN THAT THE VARIANCE OF SECTION 2 8 5 0.38 B IS 37 FEET COMPARED WITH 30 FEET REQUIRED A 23% DECREASE OF THE DRIVEWAY. UM, INCREASE, SORRY, INCREASE OF THE DRIVEWAY AND A VARIANCE OF SECTION 2 85 DASH 15 B FIVE OF THE SIDE SETBACK IS 2.58 FEET COMPARED WITH 10 FEET REQUIRED IS A DECREASE OF 74.2%. UM, THE FIRST WAS A DECREASE ALSO. SORRY. UH, THE GOAL OF THE APPLICANT CAN BE ACHIEVED BY SOME OTHER FEASIBLE MEANS WITHOUT REQUIRING THE BEARINGS GRANTED IN, IN THAT THE EXISTING DRIVEWAY IS LARGE ENOUGH TO ACCOMMODATE THE APPLICANT'S NEEDS WITHOUT MODIFICATION FOR THE APPLICANT'S NEED FOR VARIANCE WITH SELF-CREATED BECAUSE IT IS NOT NEEDED TO MEET THE REQUESTED GOAL OF ADDITIONAL PARKING PAVING REQUESTED SELF. PARDON? SELF GRADE. I DID THAT. OH, YOU DID THAT. OKAY. . OKAY, WE'RE DONE. OKAY, THANK YOU. WELL SAY TO THAT ONE. THE NEXT ADJOURNED. YES. THE NEXT CASE IS 25 0 7, UH, AIDEN RUEN. AND THAT IS 67 DOVES BURY ROAD AND THAT IS ADJOURNED FOR ALL PURPOSES TO MAY 15TH, 2025. AND WHICH, UH, AND DO I HAVE TO SAY WHICH CASE THAT, UM, OLIVA ISS GONNA BE ON, WHICH IS ALSO MAY 15TH, 2025? I DUNNO IF THEY HAVEN'T FILED THE ZONING. THEY, IS THAT RIGHT? ALRIGHT, NEXT ONE. OKAY, EVERYBODY ENJOY THEIR EASTER. UGH. * 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.