* 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. IN PROGRESS. [ TOWN OF GREENBURGH PLANNING BOARD AGENDA WEDNESDAY, June 4, 2025 – 7:00 P.M. Meetings of the Planning Board will be adjourned at 10:00 p.m. ] [00:00:02] GOOD EVENING EVERYONE, AND WELCOME TO THE JUNE 4TH, 2025 PLANNING BOARD. MEETING. AARON, I'M SORRY, COMMISSIONER, DEPUTY COMMISSIONER, TAKE THE ROLL CALL, PLEASE. SURE. LESLIE DAVIS. HERE. MICHELLE MOYER? HERE. KURT DESAI HERE. UH, OUR ALTERNATE EMILY ANDERSON HERE. AND ON ZOOM, MR. PINE HERE. BOARD MEMBERS, SNAGS AND WEINBERG ARE NOT PRESENT THIS EVENING, SO MS. ANDERSON WILL BE A FULL VOTING MEMBER. OKAY. HAS EVERYONE HAD AN OPPORTUNITY TO GO OVER THE MINUTES? AND ARE THERE ANY COMMENTS? YES AND NO. GOOD? YES AND NO. OKAY. REVIEWED. NO COUNSEL. ALL RIGHT. MAY I HAVE A MOTION TO APPROVE THE MINUTES PLEASE? SO MOVED. SECOND. ALL IN FAVOR? AYE. AYE. AYE. MR. PINE, JUST A QUESTION FOR YOU. DO YOU INTEND ON VOTING THIS EVENING? WE JUST WANT TO BE ABLE TO PICK UP VOTES IF YOU INTEND ON IT OR IF YOU'RE JUST OBSERVING, THAT'S OKAY TOO. UH, I WILL VOTE, BUT I WILL BE RECUSING MYSELF FROM THE GREENBERG NATURE CENTER CASE AS MY WIFE SERVES ON THEIR BOARD. OKAY. CAN I ASK HIM TO LEAVE THIS? UH, CAN YOU LEAVE YOUR MIC ON THEN AND, AND FOR THE MINUTE SURE. FOR THE MINUTES. ARE YOU IN FAVOR? JUST SO WE HAVE THAT. OH YEAH. I'M IN FAVOR OF THE THAT. THANK YOU. ALRIGHT, NEXT UP IS CORRESPONDENCE. NO NEW CORRESPONDENCE THAT, UH, WASN'T SUBMITTED IN, IN CONNECTION WITH SOMETHING ALREADY ON THE AGENDA. OKAY. SO NEXT UP IS NEW BUSINESS CASE NUMBER, TB 25 0 7, RECREATION FEE. USE REQUEST FOR THE GREEN OR THE NATURE CENTER AT GREENBERG WELCOME CENTER. AND WE HAVE A PRESENTATION. I BELIEVE WE DO. PLEASE, COME ON. DO YOU WANT ME TO GO FIRST OR JOE? USUALLY WE HAVE, UM, THE COMMISSIONER AND ANYONE DO YOU NEED TO SIT AT THE TABLE? SO FEEL FREE TO TAKE AN OPEN SEAT. SURE. FINE. SORRY, SIT HERE. IT'S ON. YEP. OKAY. FIRST OFF, I'D LIKE TO THANK YOU FOR HAVING US. UM, MY NAME'S JOE LUCAS. I'M THE COMMISSIONER OF PARKS AND RECREATION IN GREENBURG. UM, IT'S ALWAYS NEW. IT'S ALWAYS GREAT TO DO SOMETHING NEW THAT YOU'VE NEVER DONE. I'VE BEEN HERE FOR 34 YEARS AND I DON'T THINK I'VE EVER ACTUALLY ATTENDED A PLANNING BOARD MEETING. SO, YOU KNOW, I'M EXCITED TO, UH, BE ABLE TO HELP PUSH THIS PROJECT FORWARD THAT WE'RE, UH, PUTTING OUT. SO AS PART OF THE, UH, I DID SEND A CORRESPONDENCE, I THINK TO YOU ON MAY 7TH. I HOPE IT WAS SHARED THEN WITH THE BOARD. YES. UM, SO AS PART OF THE, UH, PARKS AND REC ADVISORY BOARD, UM, WE ALSO ARE IN CHARGE OF THE PARKLAND FUNDS, OR WE ARE THE INITIATION OF THE PARKLAND FUNDS THAT ARE COLLECTED. UH, WHENEVER THERE'S A DEVELOPMENT THAT'S PUT FORTH IN THE TOWN. AND, UH, RIGHT NOW WHAT WE'RE ASKING FOR IS $75,000 OF THOSE PARKLAND FUNDS TO BE PUT FORTH FOR A WELCOME CENTER FOR THE NATURE CENTER. UM, THE PROCESS IS, AND ON MAY, UH, ON MARCH 5TH, THE GREENBURG PARKS AND REC ADVISORY BOARD, UH, PASSED A RESOLUTION TO RECOMMEND THE USE OF THAT $75,000 TO MOVE IT FORWARD TOWARD THE PLANNING BOARD FOR THEIR RECOMMENDATION. AND EVENTUALLY IT WILL GO TO THE TOWN BOARD AFTER THAT. UM, I JUST WANT TO, I'M ACTUALLY, ALEX IS GONNA TALK ABOUT THIS, BUT THIS IS A $350,000, UH, PROPOSED PROJECT RIGHT NOW AND 75,000 IS, UH, AS TO HELP AND ASSIST THEM TO MOVE FORWARD ON THIS. THEY'RE GONNA BE TAKING THE REST OF THE MONEY FROM THEIR FUNDS AND ALSO FROM DONATIONS FROM, UH, FROM THEIR DONORS. I DON'T KNOW IF YOU HAVE ANY OTHER QUESTIONS FOR ME. I'M SORRY. JUST SIMPLIFY. SURE. SO YOU WERE APPROVED TO SPEND 75 OF THE THREE 50 IN MARCH? WE ENDED BY, WE RECOMMENDED BY OUR ADVISORY BOARD. ADVISORY BOARD. AND TODAY, YEAH. AND NOW THE PLANNING, YEAH. THE PLANNING BOARD THEN MAKES A RECOMMENDATION AS WELL? YES. TO THE TOWN BOARD. TO THE TOWN BOARD. THE TOWN BOARD IS THE APPROVING BODY ON THE USAGE OF THE FUNDS. YEAH. SO AT THE END OF THE PRESENTATION, WE'LL MAKE A RECOMMENDATION FOR THE 75 OR THE 3 50 75. SOMEBODY GIMME 75. 75. SO I CAN ELABORATE JUST A LITTLE BIT. WITH SUBDIVISIONS AND OTHER DEVELOPMENTS THERE WITHIN OUR TOWN CODE, THERE ARE WHAT KNOWN AS THE RECREATION, UH, FEES FUND THAT WHEN, AS AN EXAMPLE, A, A SUBDIVISION COMES THROUGH, THERE'S A REQUIREMENT IN THE CODE TO EITHER DONATE LAND TO THE TOWN FOR PARKLAND PURPOSES OR IN LIEU [00:05:01] OF ACTUAL LAND, THEY CAN MAKE A DONATION OR, OR A SUBMISSION OF FUNDS THAT GETS ROUTED INTO THE, THESE RECREATIONAL LAND FEES. THAT TOTAL AMOUNT RIGHT NOW THAT THE TOWN HAS COLLECTED STANDS AT $478,356 AND 35 CENTS. FROM TIME TO TIME, PARKS AND RECREATION, UH, WILL PROPOSE IMPROVEMENTS TO VARIOUS PARK LANDS, UM, AND WILL COME BEFORE NOT ONLY THE RECREATION ADVISORY BOARD, BUT ALSO THE PLANNING BOARD AND ULTIMATELY THE TOWN BOARD SEEKING FOR A RELEASE OF THOSE FUNDS. THE PLANNING BOARD'S INVOLVED, BECAUSE THE PLANNING BOARD'S THE PRIMARY BODY THAT COLLECTS THE RECREATION FEES IN CONNECTION WITH SUBDIVISIONS AND OTHER PROJECTS. HMM. AND THAT REQUIREMENTS BASED ON NEW YORK TOWN LAW. NEW YORK TOWN LAW. YEAH. SO THE 75 IS FROM THE 4 78? CORRECT. AND THEN THE REMAINDER IS WHAT IS THE GNC HAS COMMITTED FROM THEIR FUNDS? WHAT IS, WHERE DOES THE REMAINDER COME FROM? OUR FUNDS, 350,000 IS RAISED BY A DONOR. YEAH. OKAY. AND THAT'S IN MY PRESENTATION, SO WE'RE GONNA GO THROUGH THAT. OKAY, PERFECT. ALRIGHT. I HAVE THAT, SO I'LL SHARE IT A LITTLE POWERPOINT FOR EVERYONE TO FOLLOW. GREAT. MY NAME IS ALEX DUNN. I'M THE EXECUTIVE DIRECTOR OF THE NATURE CENTER AT GREENBERG. AND TO COMMEMORATE OUR 50TH ANNIVERSARY, WHICH IS THIS YEAR, UM, AS WELL AS TO HONOR THE RELATIONSHIP THAT WE HAVE WITH THE TOWN, OUR RECENT RENEWAL OF OUR CONTRACT, WE WOULD LIKE TO BUILD A WELCOME CENTER. THE, UH, NEXT SLIDE. THE GOALS OF THE WELCOME CENTER. UM, THERE ARE MANY, UH, BUT OUR TOP LINE GOALS ARE TO SAFELY UNLOAD AND LOAD CHILDREN FROM SCHOOL BUSES. SO, IF YOU KNOW THE NATURE CENTER PROPERTY, THE, UM, VISITOR PARKING LOT IS QUITE BUSY, BUT IT'S ALSO THE PLACE THAT WE LOAD AND UNLOAD SCHOOL CHILDREN WHEN THEY COME TO VISIT. SO BY PUTTING THE WELCOME CENTER WHERE WE'RE GOING TO PUT IT, IT ACTUALLY WOULD STOP TRAFFIC SO THE BUSES COULD, UM, STOP AND THEN THE CHILDREN COULD, COULD GET OFF. THE WELCOME CENTER WOULD ALSO, UM, IMMEDIATELY WELCOME OUR VISITORS. IF YOU COME TO THE NATURE CENTER FOR THE FIRST TIME, SOMETIMES YOU CAN GET LOST. IT'S NOT THE EASIEST BECAUSE YOU PULL INTO A PARKING LOT AND THEN IT'S ALL BEAUTIFUL TREES. YOU DON'T NECESSARILY KNOW WHERE THE ENTRANCE IS. THE WELCOME CENTER WOULD BE VERY PRESENT. YOU WOULD KNOW WHERE YOU WANT TO, UM, ENTER. IT WOULD BE AN OPPORTUNITY FOR US AS THE NONPROFIT TO TELL OUR STORY. IT WOULD ALSO BE AN OPPORTUNITY FOR US TO TALK ABOUT OUR PUBLIC PRIVATE PARTNERSHIP THAT WE HAVE WITH THE TOWN. UM, IT WOULD PROVIDE ADDITIONAL EDUCATION SPACE FOR US, WHICH IS ALWAYS, UM, A NEED. WE HAVE A LOT OF, UM, CLASSES GOING ON AND WE'RE VERY WEATHER DEPENDENT, SO THIS WOULD REQUIRE SOME SHELTER DURING THOSE, UM, TIMES THAT WE'RE DOING OUR EDUCATION FOR THE GENERAL PUBLIC AS WELL AS FOR STUDENTS. AND ALSO BATHROOMS NEAR THE PARKING LOT. YOU MAY OR MAY NOT KNOW THAT WE BRING IN A PORTA-POTTY, UM, FROM MEMORIAL WEEKEND TO LABOR DAY WEEKEND. UM, THIS IS SOME, THIS IS A COST THAT WE INCUR BECAUSE WE KNOW CHILDREN NEVER HAVE TO GO TO THE BATHROOM WHEN THEY'RE IN THE MANOR HOUSE, BUT WHEN THEY WALK ALL THE WAY DOWN TO THE VISITOR'S CENTER, THEY THEN HAVE TO GO TO THE BATHROOM. SO WE TRY TO MAKE IT EASY ON PARENTS, UM, AND PROVIDE THAT, UH, AMENITY. SO THE WELCOME CENTER, UH, WOULD HAVE THAT NEXT SLIDE. WE WANNA KEEP WITHIN THE LOOK AND FEEL AND STYLE OF THE CURRENT BUILDINGS OF THE NATURE CENTER. THIS IS THE BUTTERFLY ARBOR IN OUR NATIVE PLANT MEADOW. AND SO THAT'S THE STRUCTURE THAT YOU CAN SEE. NEXT SLIDE. THE WELCOME CENTER WOULD SIT IN AMONGST THE TREES AND BE RIGHT AT OUR ENTRANCE. SO IF YOU SEE THE PATH TO THE RIGHT OF THE SCREEN, THAT IS CURRENTLY THE ENTRANCE UP TO THE MANOR HOUSE. SO THAT IS OUR MAIN WALKWAY PATHWAY, UM, THAT VISITORS TAKE. WE, THE WELCOME CENTER WOULD JUST BE TO THE NORTH OF THAT, AND WE WOULD REWILD THAT AREA. SO THAT WOULD NO LONGER BE THE ENTRANCE. AND THE ENTRANCE WOULD BE TO THE WELCOME CENTER UP THAT MEANDERING PATH. NEXT SLIDE. THE STRUCTURE IS A PAVILION. IT'S A TIMBER FRAMED PAVILION. IT IS OPEN, BUT IT IS, IT DOES HAVE A ROOF. UM, BUT THIS WOULD PROVIDE THAT SHELTER. UM, AND THE SPACE IS 1200 SQUARE FEET. THIS IS ACTUALLY A PAVILION THAT'S AT MERCY UNIVERSITY. UM, IT'S, IT'S NOT EXACTLY WHAT WE'RE PURCHASING, BUT IT HAS THAT SAME LOOK. AND THAT'S THE LOOK THAT WE'RE GOING FOR. NEXT SLIDE. THIS IS A LITTLE BIT HARD TO SEE, BUT IT IS IN YOUR PAPERWORK. UH, THIS IS OBVIOUSLY LOOKING DOWN. IF YOU SEE THE PARKING SPACES, UM, ON THE BOTTOM OF THE SCREEN, THAT'S YOUR VISITOR LOT. AND THEN THERE'S THE PATH UP TO THE WELCOME CENTER, AND THEN THE [00:10:01] LITTLE STRUCTURE BEHIND. THANK YOU, ERIN, IS WHERE THE, UH, BATHROOMS WOULD GO. THE NEXT SLIDE IS, UM, THIS IS THE, UM, CUTOUT OF THE COMPOST TOILETS THAT WE'RE LOOKING AT TO BE PART OF THIS PROJECT. THE SEWER LINE IS MORE THAN 300 FEET FROM WHERE THIS, UM, STRUCTURE WOULD GO. SO IT REALLY LIMITS US DOING A NORMAL, UM, BATHROOM. AND THIS, UM, COMPANY DOES THE BATHROOMS AT ROCKEFELLER, UM, AT THE BRONX ZOO AND AT THE NYBG EDIBLE ACADEMY. UM, AND SO IT IS A COMPOST TOILET, IF YOU'RE FAMILIAR WITH THOSE. NEXT SLIDE. THIS IS, I GUESS PROBABLY THE, THE MOST IMPORTANT SLIDE. IT GIVES YOU THE DETAILS ABOUT THE PROJECT. UM, LIKE I SAID, THE FOOTPRINT IS 1200 SQUARE FEET. IT'S A 30 BY 40. UM, IT'S A TIMBER FRAME KIT. IT WOULD BE ASSEMBLED ON SITE. UM, THE COMPANY IS LANCASTER COUNTY BACKYARD. UM, WHO, UH, CREATES THESE, UH, PAVILIONS. THE BUDGET IS 350,000. THAT INCLUDES THE STRUCTURE, THE LANDSCAPING, UM, THE DRAINAGE. ANYTHING THAT WE HAVE TO DO, UM, TO PREPARE THE SITE. WE'VE RAISED TO DATE 275,000 FROM, UM, MAJOR DONORS. WE, OF COURSE HAVE ADDITIONAL FUNDRAISING OPPORTUNITIES AND BENCH BENCHES, EXHIBITS, EDUCATIONAL MATERIALS. SO THERE'S ALWAYS THOSE OPTIONS. AND WE HOPE TO BE IN PERMITTING, UM, THIS MONTH. SO WE'RE FINALIZING OUR DOCUMENTATION WITH THE ARCHITECTURE FIRM THAT WE'RE WORKING WITH. AND, UM, WE HOPE THAT THAT PROCESS THEN STARTS THE BALL ROLLING INTO PERMITTING. UM, CAN YOU BRING UP THE DRAWING? SURE. THANK YOU. YES. AND THANK YOU FOR THE PRESENTATION. SURE. IT'S HERE IF IT'S EASIER FOR YOU. USE, UH, NOT THE, OF THE BUILDING. UM, THE, I THINK IT WAS A SIDE SHOT IN THE, OH, NO, I'M, THIS MIGHT BE IN OUR PACKAGE THEN. YEAH. I'M NOT SURE. THIS IS VENT. THAT'S THE BATHROOM. SO WE WERE LOOKING AT, OH, I THINK YOU THE BANISTERS. THIS RIGHT HERE. LET ME ZOOM IN ON IT. THAT ONE? YES. MM-HMM . YES. THIS HERE? MM-HMM . UM, AND I DON'T KNOW IF WE CAN TURN IT, IT WAS A CON, IS THIS CHANGE? 'CAUSE THERE WAS A CONCERN ABOUT HOW THE SIDES WERE. YOU SEE THE DROP OFF? YES. THERE WOULD HAVE TO BE A RAILING. SO THIS IS JUST FOR RENDERING PURPOSES. IT NOT THE FINAL. SO YOU CAN CORRECT. ABSOLUTELY. THIS IS FOR, THIS IS REALLY FOR US TO USE TO TALK ABOUT SO PEOPLE CAN GET A SENSE OF WHAT IT WOULD LOOK LIKE MM-HMM . IN THE SITE. THIS IS NOT, WHEN WE GO INTO PERMITTING ALL OF THE INFORMATION ABOUT, YOU KNOW, THE ELEVATION AND THE RAILINGS AND THE SAFETY. THAT WOULD BE ALL PART OF THE PACKET. OKAY. IT'S A GOOD, IT'S A GOOD QUESTION. IT'S ONE THAT CAME UP WHEN WE WERE DOING SITE VISITS ALSO. UM, BUT I JUST DON'T THINK IT MADE IT TO THE, UH, TO THE RENDERING. I JUST WANTED TO ADD A COUPLE OF OTHER THINGS. I'M NOT SURE EXACTLY HOW MANY, UH, MEMBERS ARE ON THE BOARD NOW THAT HAVE ACTUALLY APPROVED, UM, ITEMS IN THE PAST FOR THIS, UH, FUND. BUT IN THE PAST, WE'VE APPROVED MONEY FOR THE BAILEY SCHOOL, UH, PLAYGROUND. WE ALSO APPROVED 75,000 FOR THE LEE F JACKSON PLAYGROUND. WE HAD A CAVEAT WHEN WE WORKED WITH THE SCHOOL DISTRICT THAT THEY WOULD ALLOW THOSE PLAYGROUNDS TO BE UTILIZED BY THE PUBLIC DURING OFF SCHOOL HOURS. WE ALSO HAVE A WORKING AGREEMENT WITH THEM THAT ALLOWS US TO USE THEIR BUILDINGS FOR CAMPS TOO. I JUST WANTED TO SHOW SOME OF THE OTHER ITEMS THAT WE'VE ACTUALLY APPROVED AND HAS GONE THROUGH THE PLANNING BOARD IN THE PAST, OR WE'VE TURNED MONEY OVER TO ANOTHER ENTITY TO ACTUALLY CREATE A, A RECREATION FOR, YOU KNOW, THE RESIDENTS OF GREENBURG. I HAVE ONE QUESTION. HAVE YOU REACHED OUT TO ENGINEERING REGARDING THE REQUIREMENT TO CONNECT TO THE SEWER? LIKE A LETTER OF INFEASIBILITY OR, OR THE COUNTY? SO WE DID HAVE ONE CALL WITH ENGINEERING AND WE WERE APPOINTED TO WESTCHESTER, DOH. UM, WHERE WE ALSO HAD A CALL WITH AN ENGINEER THERE ABOUT, UM, WE, WE WANTED TO KNOW FIRST WHAT THE REQUIREMENTS WERE FOR DISTANCE, BECAUSE THAT'S WHAT THE ENGINEER, UM, OF THE TOWN SAID THAT WE SHOULD FIGURE OUT MM-HMM . UM, AND SO WE'VE STARTED THOSE CONVERSATIONS, BUT THEY'RE NOT FINAL IN ANY WAY. OKAY. JUST I, I'D ASK. YEAH. NO, THANK YOU. YEAH. I JUST WANT TO, OUR SITE VISITS HAVE INCLUDED DPW UH, BUILDING DEPARTMENT EVERY, EVERY STEP OF THE WAY. JUST ONE. GO AHEAD, COREY. UH, UH, DO YOU HAVE A, UH, UH, ESTIMATE PREPARED BY ENGINEERING OR CONSTRUCTION COMPANY THAT'S GONNA PUT TOGETHER? WE, THEY'RE SAYING IS 3 75, RIGHT? THAT ESTIMATE IS COMING FROM OUR ARCHITECTURE FIRM THAT WE HAVE. SO WE KNOW THAT THE KIT, UM, BECAUSE THE KIT COMES, UM, AND THEY ASSEMBLE IT, WE KNOW THE COST OF THAT. IT'S ROUGHLY A HUNDRED THOUSAND DOLLARS. UM, BUT THEN OUR ARCHITECTURE FIRM PUT TOGETHER A BUDGET OF [00:15:01] OTHER EXPENSES THAT WOULD BE, WOULD SUPPORT THIS TYPE OF STRUCTURE. UM, AND THEN OUR NEXT PHASE IS TO GET A GENERAL START BIDDING ON GENERAL CONTRACTORS. DO YOU HAVE, CAN YOU SHARE THAT ESTIMATE FROM YOUR ARCHITECT? SURE. I'D BE HAPPY TO. I JUST, I JUST WANNA LET YOU KNOW THAT THE $75,000 FROM THE TOWN, THAT'S THE MAXIMUM THAT WE'RE GONNA DO. ANYTHING THAT WOULD, UM, BE HIGHER THAN THAT THE NATURE CENTER WOULD HAVE TO COVER. NO, I, OKAY. I UNDERSTAND. JUST WANTED TO MAKE SURE CONCERN. YEAH. EVEN IF THE NATURE CENTER WOULD BE ON QUOTE UNQUOTE THE HOOK TO COVER THE REST, THE $75,000 WOULD HAVE BEEN COMMITTED. AND SO I GUESS THE CONCERN IS IF THIS PROJECT GOES INTO OVERRUN, WOULD YOU BE ABLE TO SUPPORT THAT? RIGHT. SO YEAH. SO, SO THAT'S THE REASON I ASK FOR IT. SURE. OKAY. SO IF WE GET A SENSE OF IT, 'CAUSE I AGREE THAT YOU WON'T COMMIT, BUT WE DON'T WANT TO RECEIVE $75,000 SITTING THERE FOR OR NOT GETTING ANY, ANY USE OUT AB ABSOLUTELY. THAT'S, THAT'S SOME MORE CONCERN. AND WE ASKED THAT SAME QUESTION AND THE SAME QUESTION CAME UP WHEN THE SCHOOL DISTRICTS, UH, WERE, UH, GIVEN THE MONEY TO, AND THE FACT IS, IS THEY, THEY HAD TO STAY WITHIN THEIR BUDGET TO CREATE A PLAYGROUND. AND THE SAME THING HERE. THE NATURE CENTER IS GOING, THEY'RE GOING TO CREATE SOMETHING. IF THEY HAD TO MAKE IT A LITTLE SMALLER TO STAY WITHIN THEIR BUDGET, THEY'LL DO THAT TOO. NO, I MEAN, BUT JUST TO, UH, UH, BECAUSE WE HAVE A PEOPLE, THOSE WHO ARE KIND OF REGISTER ARCHITECT, SO I UNDERSTAND WHAT IS AND, AND HOW DOES THE ARCHITECTS GIVES ESTIMATES AND HOW ACTUALLY AT THE END YES. AT THE END OF THE DAY, THE CONTRACTOR, NO, YOU'RE RIGHT. SO, SO IT'S A, UH, SO IT'D BE GOOD FOR US IF YOU CAN SHARE IT SO WE CAN ASK SOME MORE QUESTIONS ABOUT IT AND UNDERSTAND HOW MUCH CONTINGENCY THEY HAVE AND WHAT ARE ALL THESE QUESTIONS YOU PROBABLY UNDERSTAND MM-HMM . UH, BUT, UH, UH, AND ALSO HOW, HOW'S THIS SORT OF, UH, STRUCTURE TO, UH, UH, IF YOU HAVE TO DO ADDITIONS OR IF YOU HAD TO DO SOME PART, WHICH IS YOU, YOU WANTED TO MAKE IT A MORE, UH, ENCLOSED SO THAT IT HAS A MORE, MORE, UH MM-HMM . MM-HMM . IS THAT SOMETHING THAT CAN BE DONE IN THE FUTURE? IS THAT WHAT YOU'RE SAYING? YEAH. SO IF IT, AND I'M SURE YOUR ARCHITECTS HAVE PROBABLY WHAT I HAVE, UM, AN AN IDEA THAT I FLOATED WITH THE ARCHITECTURE FIRM IS THEY HAVE WALLS THAT YOU CAN PULL DOWN. LIKE IT'S, SOME, SOME OF THEM ARE CLEAR, SOME OF THEM ARE NOT, THAT YOU CAN ACTUALLY INSTALL ONTO THE TIMBER FRAME AND PULL DOWN. UM, AND THEN YOU CAN ENCLOSE THE SPACE. CORRECT. RIGHT. SO THAT HELPS WITH, UM, WITH WEATHER. AND, UH, SO AT THIS TIME, THE, THE PROJECT, UM, DOESN'T HAVE THAT IN IT, BUT THAT I ALWAYS THINK LIKE THAT TOO. LIKE WHAT, WHAT ABOUT IN THE FUTURE, HOW ARE WE GONNA USE THIS IN THE FUTURE TO MAKE SURE, THE FUTURE TO MAKE SURE THAT, UM, IT IS SOMETHING THAT'S USABLE. YEAH. UM, AND HOW ABOUT THE SORT OF DRAINS? 'CAUSE IT'S ALL OPEN. SO THE WATER COMES IN. SO WHAT HAPPENS TO THE, TO THE AREA, WHICH IS AROUND IT BY THE, WELL, WE ARE GONNA HAVE TO DO, WE'RE GONNA HAVE TO WORK WITH THE TOWN ON DRAINAGE, UM, AND FIGURE OUT HOW TO MOVE THE STORM WATER, UM, FROM THE STRUCTURE OF THE ROOF INTO THE, WELL, THAT'S THE ONE PART, OTHER PART IS THAT IF THERE ARE KIDS ARE GOING TO BE USING IT, YOU DON'T WANT HER TO HELP LING AND ALL THAT STUFF. SURE. SO IF, IF THEY PROVIDE WAY THAT IT'S, IT'S BEEN SLOW SO THE WATER DOESN'T BOTHER. YEAH, IT'S A GREAT IDEA. YOU MAY HAVE ALREADY THOUGHT ABOUT IT. IF YOU'RE TALKING ABOUT STORM WATER COLLECTING RAIN WATER, IS THAT POSSIBLE IN THIS TOWN? SORRY. MM-HMM . . CAN WE DO THAT? WHAT? COLLECT RAIN WATER? YEAH. I MEAN, THE NATURE CENTER, AT LEAST THEY USED TO HAVE A RAIN BARREL ON THE MANOR HOUSE. MM-HMM . RIGHT. THAT'S, WE CAN CERTAINLY DO THAT. WE CAN CERTAINLY, I MEAN, IT'S IN A BEAUTIFULLY LANDSCAPED AREA AND IT'S A TEACHING MOMENT TO PUT IN A RAIN GARDEN, WHICH WE HAVE ALL OVER THE NATURE CENTER. BUT, UM, YEAH, IT'S, IT'S ACTUALLY SOMETHING I'M A LITTLE EXCITED ABOUT BECAUSE IT, THIS NOT ONLY WELCOMES EVERYONE, IT IMMEDIATELY STARTS THE EDUCATION. AND LAST QUESTION, IS IT GOING TO BE DURING THE DAYLIGHT TIME, RIGHT? NOT, WELL, YES, BECAUSE THE PARK IS, UM, CLOSED, UH, DUSK TO DAWN. SO IT WOULD ONLY BE OPEN DURING THE PARK TIMES THAT IT'S OPEN. AND THEN MY TEAM, UM, WOULD ALSO BE THERE EITHER WITH DOCENTS OR STAFF, UM, TO WELCOME PEOPLE. OKAY. NOW THE THING IS, IF THERE IS GOING TO BE A, UH, I DON'T KNOW WHAT, SO WHAT'S THE TIME THE PARK, IS IT FROM MEMORIAL DAY TO OH, WE'RE OPEN ALL YEAR ROUND. OKAY. YEP. AND THIS WILL BE USED FOR WELCOME CENTER YEAR. OH, IT, IT WOULD BE USED YEAR ROUND. YEP. WE, WE ARE A SEVEN DAY OPERATION. OKAY. SO MY NEXT QUESTION IS THAT IT'S WHAT HAPPENS IN THE COLD WEATHER OR HARD WEATHER TO OPEN? SO YOU HAVE FOR PEOPLE VISIT, I MEAN THE, THE NATURE CENTER IS BUSY. UM, ALL SEASONS. UM, SO WE WOULD STILL [00:20:01] WELCOME. WE HAVE STUDENTS COME IN THE WINTER AND, UM, YEP. IT'S, IT'S JUST ANOTHER STRUCTURE AS PART OF THE EDUCATION. NO. HAVE YOU THOUGHT OF IT? YOU'RE SPENDING ALMOST 400,000. SO ADD A ACCESS TO THE UTILITIES OR ACCESS OR MAYBE PUT A, UH, SOLAR PANELS AND IT CAN JUST SORT OF PROVIDE, ACTUALLY SOLAR PANELS CAME UP, BUT I DON'T THINK THAT THEY'RE REALLY, UM, GONNA BE ABLE TO BE USED THERE. THERE'S TOO MANY, WE'RE IN THE MIDDLE OF THE WOODS THERE. YEAH. THERE'S, THERE'S NOT, IT'S NOT AN OPEN AREA. AND WE'RE NOT PLANNING ON TAKING ANY TREES DOWN. SIGNIFICANT TREE COVERS TOO MUCH. I JUST HAVE ONE MORE QUESTION AND IT HAS TO DO WITH THAT BECAUSE I KNOW YOU WERE SAYING IT WOULD BE A BUS PICKUP AREA. YES. HOW'S THE CELL SERVICE OVER THERE? GOOD. OKAY. GOOD. THAT WAS THE QUESTION. MM-HMM . SO, YEAH. AND WE ALSO HAVE, UM, FROM THE MANOR HOUSE, WE ALSO PUSH OUT, UM, UH, WIFI AS WELL. OKAY. AND ALLOW FOR GUESTS TO USE WIFI. AND WHEN WE HAVE EVENTS, WE SHARE THE GUEST WIFI. OKAY. AND THEN FINISH IT UP. NO, NO, I'M DONE. UH, ABOUT THE TOILET. SO IT'S LIKE A UNISEX. THIS ONE, IT WOULD BE TWO, UM, ROOM RIGHT NOW, THE WAY THAT WE'RE LOOKING AT IT, UM, AND THIS MIGHT BE A DECISION THAT IT COMES DOWN TO ONE, IF IT STARTS TO GET VERY EXPENSIVE. RIGHT. BUT IT WOULD BE, UM, IT WOULD BE TWO ROOMS. AND, UM, IT WOULD BE A SITUATION WHERE, UH, YOU GO, THEY'RE A DA, UH, BUT YOU CAN GO IN AND CLOSE THE DOOR. SO, UM, YEAH. OKAY. SO IT'S GONNA BE TWO OR JUST ONE? RIGHT NOW? IT'S TWO. RIGHT NOW IT'S TWO. TWO TOILETS. AND 'CAUSE YOUR THING SHOWS ONE, SO THAT'S RIGHT. TWO HERE, RIGHT? TWO. MM-HMM . OKAY. SO TWO TOILETS. OKAY. OKAY. GOOD. MICHELLE? NO, I THINK IT'S VERY NICE. THANK YOU. THANK YOU. IT'S EXCITING. YEAH. IT'S SO GOOD. IT ADDS A REALLY NICE AMENITY TO THE POINT. ABSOLUTELY. ABSOLUTELY. THE ONLY THING I WAS GOING TO ADD IS THAT, UM, THE PLANNING BOARD IN THE PAST HAS, WITH RESPECT TO LANGUAGE CONSIDERED, UM, IN ANY RECOMMENDATION STATING OR USING THE TERM, UM, UP TO 75,000 SO THAT, YOU KNOW, IF FOR ANY REASON IT'S LESS, THEN THE TOWN WOULD BE PROVIDING THAT LESSER AMOUNT. SO WE'VE DONE THAT. SO IT WOULD NOT EXCEED 75. MM-HMM . BE VERY CLEAR. MM-HMM . SO, AND WHY WOULD THEY NOT USE ALL OF IT? JUST BECAUSE IF, IF THEY GOT ADDITIONAL FUNDING OR IF THE PROJECT ENDED UP BEING LESS THAN 75,000 OR, YEAH. OKAY. THAT'S A LANGUAGE WE USE. SO IN CASE, WHICH IS VERY, IT IS, YOU ARE RIGHT. IT'S 99%. RIGHT. UNLIKELY. IT SEEMS LIKE YOU, IT'S, IT'S A LAWYER'S . OKAY. SO WHAT, WHAT THE PLANNING BOARD NEEDS TO VOTE ON IS WHETHER, UM, A POSITIVE NEGATIVE RECOMMENDATION TO THE TOWN BOARD. OKAY. OKAY. SO CAN I BE, AND WITH THE, WITH ALL THE QUESTION WITH THE INFORMATION PROVIDE US, SO RIGHT. SO I THINK, YOU KNOW, KARI HAS ASKED FOR A COPY IN, IN THE BOARD SUPPORTIVE OF OBTAINING THAT ACTUAL ESTIMATE. OKAY. UM, IS THAT SOMETHING YOU ARE STILL WORKING ON, OR, YOU KNOW, IT'S AT THE OFFICE AND IT CAN BE EMAILED TO? YEAH, I COULD GIVE YOU, UM, IT'S INTERESTING BECAUSE I ASKED FOR SOME CLARIFICATION ON NUMBERS FROM THE ARCHITECTURE FIRM TODAY. SO, UM, AND I ASKED FOR THOSE BY THE END OF THE WEEK. OKAY. UM, AND IT HAS TO DO WITH THE CLUS, UH, COMPOSTABLE TOILET, UM, TO MAKE SURE THAT WE HAVE THOSE NUMBERS AND THEY'RE CLEARLY IN THE BUDGET. BUT, UM, I WOULD BE ABLE TO SHARE THAT, UM, BY THE END OF THE WEEK, KARAT WILL BE HAPPY. IF 20% OF YOUR THREE 50 IS CONTINGENCY , IT'S, IT'S NOT THAT HIGH ? WELL, USUALLY WE, WE APPEAR GROUP PROJECTS WHERE WE SELL 20%, LIKE TO HAVE 20, 20% TOTAL. UH, OKAY. SO YEAH, I THINK IF YOU SHARE IT, I'D BE HAPPY. HAVE VERY GOOD QUESTIONS WE ALWAYS ASK. I I WOULD BE HAPPY TO. YEAH. YEAH. SO WOULD, WOULD THE BOARD CONSIDER ISSUING ITS RECOMMENDATION WITH A NOTE, YOU KNOW, AND US CAPTURING IN THE MINUTES THAT IT'S ASKED FOR A COPY OF THE BUDGETARY DOCUMENTS ONCE AVAILABLE, WHICH WOULD BE EXPECTED WITHIN THE NEXT WEEK. OKAY. JUST TO GIVE A LITTLE SURE. THIS COMES BUFFER ON THAT. THIS COMES BACK TO PLANNING BOARD BEFORE THE ACTUAL BUILD STARTS OR NO, NO, NO. SO IF YOU RECOMMEND TONIGHT, BUT CAN, WE CAN CIRCULATE THE DOCUMENT ABSOLUTELY. BEFORE, BEFORE IT GOES TO THE TOWN BOARD. I THINK YOU CAN, WE CAN SEE THAT. RIGHT? SO IF, IF WHAT WE CAN DO IS THE BOARD CAN VOTE TONIGHT. IF IT CHOOSES TO, WE CAN HOLD, AND I'D LIKE TO KNOW FROM JOE AND ALEX WHAT YOUR TIMEFRAME IS WITH THE TOWN BOARD. UM, BUT IF THE BOARD VOTES THIS EVENING, WE COULD WRITE UP THE RECOMMENDATION. 'CAUSE WE DON'T HAVE ONE PREPARED THIS EVENING. SURE. WE'LL WRITE IT UP BASED ON TONIGHT'S DISCUSSION AND THE VOTE. AND THEN ONCE WE GET THE BUDGET DOCUMENT CIRCULATE TO THE BOARD, [00:25:01] THEN THE BOARD WILL ESSENTIALLY AUTHORIZE TRANSMISSION OF THE RECOMMENDATION TO THE TOWN BOARD. WE, WE HAVEN'T PUT ANYTHING FORWARD TO THE TOWN BOARD YET. OKAY. SO YOU HAVE A LITTLE BIT OF TIME. YEAH. RIGHT. SO IT'S, IT'S ALMOST LIKE A VOTE CONDITIONED ON RECEIPT OF THE BUDGET. SO, OR CONDITIONED ON APPROVED. WELL, WOULD IT BE US? THAT'S UP TO YOU. IT'S A RECOMMENDATION TO THE TOWN BOARD TO WHETHER TO ISSUE THE FUNDS OR NOT. AND YOU'RE LOOKING AT IT FROM THE PERSPECTIVE, OR IS THE RECREATION ACTIVITY, UM, A PROPER PURPOSE FOR WHAT THE FUNDS WERE PUT ASIDE FOR? SO THE FUNDS WERE PUT ASIDE FOR RECREATION PURPOSES ASSOCIATED WITH, YOU KNOW, NEW DWELLINGS AND, AND, AND SUBDIVISIONS. RIGHT. BUT WHAT I'M HEARING IS THAT UPON RECEIPT OF THIS BUDGET DOCUMENT, IT MIGHT CHANGE SOME PEOPLE'S VOTES, BUT I DON'T RIGHT. OR NO, I DON'T THINK IT CAN. I I MEAN IT'S A, IT'S A DETAIL OVERALL PROJECT SIDE. I LIKE IT. AND IT'S A GREAT ADDITION TO THE NATURE CENTER. SO I'LL BE ASKING FOR SOME MORE INFORMATION, WHICH WILL BE HELPFUL TO TOWN BOARD ALSO. YEAH. SO YOU HOLD IT, YOU CAN, YOU CAN MAKE A DECISION. OKAY. I'M, NOW I'M CONFUSED. SO INSIDE THE SCOPE OF THE PLANNING BOARD, IF I WAS HEARING YOU CORRECTLY, YOU WERE SAYING THAT OUR DECISION IS WHETHER OR NOT TO RELEASE THE FUNDS IF THEY ARE IN ACCORD WITH WHAT THOSE FUNDS ARE USED FOR. THAT THAT'S WHAT WE'RE DECIDING CAN IN CONSIDERATION. IT'S YOUR RELEVANT PIECE OF IT, RIGHT? IT GOES TO PARKS COURT. ABSOLUTE. IT GOES TO THE PLANNING BOARD, IT GOES TO THE TOWN BOARD. OKAY. AND, UM, BECAUSE THERE ARE CERTAIN WAYS THAT YOU CAN'T USE THESE FUNDS, RIGHT? YOU CAN'T USE THEM FOR MAINTENANCE, YOU CAN'T USE THEM. SO SINCE YOU COLLECTED THEM FROM A NEW RESIDENT THAT JUST MOVED IN, YOU ALWAYS WANT TO PRODUCE SOMETHING NEW, YOU KNOW? AND THAT I THINK THIS FALLS WELL WITHIN THAT. YES. SO, AND SO THAT'S WHERE I NEED THE CLARITY. ANY, IF THEY GIVE US THE BUDGET, HOW COULD THAT CHANGE OUR DECISION? WELL, UH, EMILY POINTED OUT IS THAT A, A BOARD MEMBER COULD DECIDE THAT, UM, YOU KNOW, IT'S TOO MUCH MONEY AND CHANGE THEIR VOTE. NO. SO, BUT THE, THE MONEY STAYS THE SAME REGARDLESS OF WHETHER THEY GIVE US THE BUDGET OR NOT. IT'S UP TO 75,000. I'M SORRY. SO, SO KARA'S SAYING, OKAY, WE WANNA GIVE YOU THE MONEY, WE WANNA MAKE SURE YOU'RE NOT GONNA WASTE IT BECAUSE YOU DON'T ACTUALLY HAVE FULL FUNDS TO DO THE, OR YOU DON'T HAVE SUFFICIENT FUNDS TO DO THE FULL PROJECT, RIGHT? MM-HMM . SO THE OVERRUN ISSUE. YEAH. SO IF, IF WE RELEASE SEVEN, IF 75 IS RELEASED, BUT THEN IT TURNS OUT THE PROJECT NEEDS 500, IS THAT 75 THAT'S BEEN WASTED? WELL, I WOULD SAY THIS, IF THIS BOARD RECOMMENDED TO THE TOWN BOARD TONIGHT AND VOTED TO, UH, RECOMMEND THAT THE FUNDS UP TO 75,000 BE RELEASED FROM THE TOTAL, UH, PARKLAND ACCOUNT, IF FOR ANY REASON THEY HAD TO COME BACK AT A FUTURE POINT AND SAID, YOU KNOW WHAT? IT TURNS OUT BASED ON X, Y, AND Z, YOU KNOW WHAT? WE'RE JUST GONNA ENCLOSE IT. WE'RE GONNA ENCLOSE IT. IT'S THIS MUCH MORE, WE WANT IT TO BE THREE, YOU KNOW, 365 DAYS AND THE KIDS TO BE WARMER OR SOMETHING. UH, AND THEY DECIDED TO MAKE THAT ADJUSTMENT. THEY WOULD COME BACK, THEY WOULD GO BACK TO THE PARKS AND RECORD ADVISORY BOARD, THEN THE PLANNING BOARD BOARD, THERE WAS A MATERIAL CHANGE THAT WOULD REQUIRE, THAT WOULD REQUIRE RELEASE OF ADDITIONAL FUNDING. THEY, I'M FINE VOTING NOW, BUT I DON'T KNOW IF THERE'S ANYBODY ELSE WHO NEEDS TO WAIT FOR THAT DOCUMENT. I'M SORRY. SO, SO AS I UNDERSTOOD IT, IF WE SAY WE RELEASE 75, BUT IT TURNS OUT THAT YOU NEED 500 TO BUILD AS PRESENTED. THAT'S, THAT WAS THE QUESTION I UNDERSTOOD. OKAY. SO THE ANSWER TO THAT IS, UM, EITHER THE, UM, THE NATURE CENTER WOULD COME UP WITH THE ADDITIONAL FUNDS THROUGH FUNDRAISING ON THEIR OWN. MM-HMM . OR THEY'D CIRCLE BACK REQUESTING TO RELEASE ADDITIONAL FUNDS TO SEE THE PROJECT AND GO THROUGH EACH OF THE . THE SCHOOL DIS THE SCHOOL DISTRICT DID EXACTLY THE SAME THING. WE RELEASED 75,000 FOR THE LAST ONE, WHICH WAS BAILEY SCHOOL. THEY PRESENTED A, UM, A PLAYGROUND AT THE TIME, BUT THEY EXPANDED IT AND THEY HAD TO COVER THE REST. THE 75,000 DID NOT CHANGE. AND THE AMOUNT THAT WAS GIVEN BY THE TOWN STAYED THE SAME. CORRECT. UH, I, I MEAN, THE WAY I UNDERSTAND THAT YOU ARE NOT GOING TO LIKE, NEED IT TOMORROW TO, FOR BOARD TO APPROVE IT. YOU HAVEN'T REALLY PRESENTED. CORRECT. SO THERE IS TIME HERE. SO THERE IS A, THERE IS A TIME THERE. THERE IS TIME. SO I DON'T THINK IT'S UH, UH, IT'S JUST ADDITIONAL INFORMATION THAT WE USUALLY HAVE. I THINK I, I'M SITTING ON IT LONG TIME WE HAVE APPROVED, THEY ALWAYS HAD A AS AS A BUDGET, WHICH WE UNDERSTAND. AND WHAT'S, I'M SORRY, YOU SAID YOU'VE ALWAYS HAD THE BUDGET AND THE PLANNING BOARD? YEAH. YEAH. I MEAN THE, THE ESTIMATE OF THE PROJECT, WE ALWAYS HAD AN ESTIMATE OF THE PROJECTS AND THEN WHAT HER QUESTION WAS CONTINGENT AND ALL THAT STUFF, AS LONG AS I KNOW, AND JERRY KIND OF ALWAYS BROUGHT IT WITH HIM. SO THAT'S [00:30:01] WHAT WE ARE ASKING, LIKE USUALLY PROTOCOL AND PROCESS. OKAY. SO IT'S NOT LIKE, UH, ANYTHING OUT OF, UH, ORDINARY THAT WE ARE REALLY PUSHING IT TO HOLD THE PROJECT BACK. SO I, I UNDERSTAND WHAT YOU, BUT I DON'T THINK IT'S THAT. AND WE DO COME BACK IN FRONT OF THE PLANNING BOARD TO ACTUALLY GET THE PROJECT APPROVED. NO, NO, YOU DON'T. SO, SO THIS IS JUST TO APPROVE. BUT WE DO HAVE TO GO, WE HAVE TO GO THROUGH PERMITTING AND WE HAVE TO GO THROUGH, HAVE TO DO, THAT'S IT. RIGHT. OKAY. SO, UM, SO NOW I UNDERSTAND SAYING, BUT YOU DON'T, YOU, YOU DON'T SEE US. I CAN . RIGHT. I'LL LET YOU INVITED ANYBODY TOLD ME. YEAH, THAT'S ALRIGHT. SO, SO GO AHEAD. NO, NO, NO. WELL, IF THE BOARD WANTS TO WAIT MM-HMM . TO SEE THE BUDGET DOCUMENT MM-HMM . BEFORE VOTING ON THE RECOMMENDATION, IT DOESN'T SOUND LIKE THAT'S GONNA HOLD UP THESE FOLKS AND MOVING FORWARD. THAT IS CORRECT. IF YOU WANT TO CONTINGENT ON RECEIVING THE DOCUMENT, YOU CAN DO IT THAT WAY. YOU KNOW, I JUST WANT THE TO REMIND THE, THIS BOARD THAT, UM, YOU CAN DO IT EITHER WAY. WE'VE GOT A LOT OF BIG THINGS COMING DOWN THE PIPELINE VERY SOON. SO I WANT YOU TO BE AWARE OF THAT AS WELL. LOOK, I MEAN, IF IT'S A TERMS OF, AGAIN, THIS IS LESLIE FOR ALRIGHT, SO WHY DON'T WE BRING IT BRING IT ALL HAD WE HAD A CERTAIN KIND OF THINGS THAT WE HAD ALWAYS VOTED TO APPROVE. OKAY. BUT WHEN, SO THAT'S, UH, THAT'S THE REASON. I MEAN, IF EVERYBODY GOES OTHER WAY, I'M OKAY. I I'M NOT AWARE OF THAT COR BUT RIGHT NOW I THINK THE QUESTION IS WHETHER OR NOT WE WANT TO, UM, GO AHEAD AND GIVE A RECOMMENDATION TO THE TOWN BOARD TO RELEASE THE $75,000 AS IS OR WHETHER OR NOT WE WANT TO HAVE A CONTINGENCY ON RELEASING IT BASED UPON US GETTING THE BUDGET. WHICH IT'S NOT JUST GETTING IT, IT'S BEING ABLE TO REVIEW IT. RIGHT. THERE'S, THERE'S A DIFFERENCE BETWEEN GETTING AND LOOKING. WHAT DO YOU MEAN GET, I MEAN, SENDING IT TO ME AND THEN IF I LOOK AT IT AND GO, THERE'S NO WAYS THAT'S, YOU JUST WANT TO BE ABLE TO REVIEW IT. OKAY. YOU PUT IT FOR IT. IT'S A, IT'S A, WHAT I LIKE TO, WHAT THEY'RE BOTH SAYING IS THAT THEY COULD GET IT AND, AND, AND I UNDERSTAND THEIR PERSPECTIVE. LIKE I, I'M READY TO VOTE REGARDLESS. RIGHT. BUT I UNDERSTAND THEIR PERSPECTIVE THAT THE DOCUMENT, YOU COULD GET IT AND 350,000 SEEMS LIKE A VERY CONSERVATIVE ESTIMATE TO ME AS WELL. LIKE, AND I'M JUST TRYING TO FIGURE OUT WHAT, WHAT, WHAT ARE THE TWO OPTIONS HERE? THE TWO OPTIONS ARE EITHER TO WAIT AND VOTE LATER OR TO, TO VOTE. NOW CONDITIONED ON NOT JUST OUR REVIEW, BUT OUR APPROVAL OF, UM YEAH. IS THAT, I DON'T THINK WE WANNA VOTE TO CONDITION IT. YOU CAN'T. YOU I THINK YOU EITHER VOTE. OKAY. SO EITHER WE VOTE OR, OR WE WAIT TO VOTE. BUT WHEN IS THE NEXT MEETING IS, BUT YOU, SO TWO WEEKS FROM TODAY, HELP ME OUT IF WE DON'T HAVE THE AUTHORITY TO APPROVE BASED UPON THE BUDGET RIGHT. BE OR THEN WHAT ARE WE WAITING FOR? WE HAVE AUTHORITY. I DON'T THINK THAT'S, IT'S A RECOMMENDATION. YEAH. WHETHER YOU WANT, YOU CAN SAY WE WILL SEE ALL THE INFORMATION. I DON'T THINK IT'S A TOO COMPLICATED WAY. THE ONLY, THE ONLY TIMEFRAME I WANNA BRING UP IS IF WE WAIT TILL THE NEXT MEETING, WHICH IS A MONTH FROM NOW. TWO WEEKS FROM TODAY. OH, TWO WEEKS. OKAY. ALRIGHT. 'CAUSE I KNOW THAT WE NEED TO GET BACK TO THE TOWN BOARD EVENTUALLY TO RELEASE THE MONEY. 'CAUSE I KNOW THAT YOU GET INTO THE SUMMER MONTHS. SURE. YOU HAVE PROBLEMS WITH THE, YOU KNOW, BOARD SCHEDULING IT. YEAH. SCHEDULING THEN. OKAY. SO IT'S A DECISION WHETHER YOU WANNA VOTE TONIGHT OR WHETHER YOU WANNA MAKE A RECOMMENDATION TO THE TOWN BOARD TO APPROVE RELEASING UP TO $75,000 OF FUNDS FOR THE PROJECT AS PRESENTED. OR YOU CAN WAIT TILL THE NEXT MEETING. OKAY. I THINK NEXT . SO I'M GONNA, LET'S JUST GO AROUND, UM, ALL IN FAVOR OF APPROVING TONIGHT AS PRESENTED. I'M SORRY. SENDING RECOMMENDATIONS TO THE TOWN BOARD AS PRESENTED, SAY AYE. AND THIS IS JUST A STRAW POLL. AYE, I MEAN IT MAKES NO DIFFERENCE TO ME. I IT'S SAY AYE OR, OR NAY, NAY, NAY, NAY, TWO NAYS, THEN FINE. NAY AND DIVIN. I DUNNO IF HE'S, HE'S, HE CAN'T, HE CAN'T VOTE. HE'S REFUSED TO. SO THEN THE OPTION IS TO WAIT UNTIL THE NEXT, I'M SORRY. SO THEN THE SECOND OPTION IS TO, UM, APPROVE IT. I'M SORRY, NOT APPROVE IT. AND WE DON'T WANNA SEND ANYTHING TO THE TOWN BOARD. WE JUST WANNA WAIT CORRECT. TILL THE NEXT MEETING. OKAY. WELL, AFTER YOU'VE RECEIVED A COPY OF THE BUDGET FOR REVIEW BY THE MEMBERS MM-HMM . GOOD. YES. SOUNDS LIKE A GREAT PROJECT. IT DOES. AND I'M SURE THE BOARD WILL BE IN GOOD POSITION TO ISSUE THIS RECOMMENDATION AT THE NEXT MEETING. OKAY. YEAH. AND I'M HAPPY TO DO THAT. YOU, YOU ARE AHEAD OF IT BECAUSE THESE [00:35:01] QUESTIONS WILL COME WITH THE TOWN BOARD. WELL, RIGHT. THAT'S NOT RIGHT. RIGHT. IT IS. SO YOU ARE PREPARED TO BOARD 100%. WE, I THINK THAT WAS REALIZED THAT, UM, THANK YOU. THANK YOU. I MUCH APPRECIATE YOUR TIME. THANK YOU. I WOULD SAY ALSO EXCELLENT PROJECT BY THE WAY. WHAT I WILL DO OR STAFF WILL DO IS WHEN WE RECEIVE THE DOCUMENT, WE WILL SEND IT OUT TO THE BOARD, YOU KNOW, IF IT COMES IN FRIDAY OR MONDAY. OKAY. AND SO I'LL SEND IT TO YOU, WE'LL ASK THE BOARD TO REVIEW IT AHEAD OF THE NEXT MEETING. OKAY. SO THAT IF THERE ARE ANY QUESTIONS MM-HMM . WE CAN GET THOSE BACK TO YOU AHEAD OF THE MEETING. SO THE BOARD'S REALLY JUST COMING IN, YOU KNOW, AND QUICKLY EITHER DECIDING YES OR NO ON THE 18TH. SO THE BOARD WILL BE COMMITTED. WE'RE NOT GONNA OPEN THE DOCUMENT TO MEETING THE DOCUMENTS BEFORE THEY GET TO THE MEETING AND BEING PREPARED FOR THAT MEETING. OKAY. THANK YOU. THEY DO NOT HAVE TO BE HERE NOW. RIGHT? IT'S ABOUT INTERNAL. WELL, I MEAN IF, I WOULD THINK THAT IF YOU'RE GONNA POTENTIALLY, YOU KNOW, DETAIL THROUGH THE BUDGET THAT THEY MAY WANT TO BE HERE TO HAVE QUESTION, ANSWER ANY QUESTIONS. OKAY. BUT IT COULD BE ZOOM, YOU KNOW, IF, IF YOU'RE UNAVAILABLE, YOU'RE CERTAINLY ABLE TO COME IN AND ADVISE YOU. I'LL GIVE YOU BACK. YEAH. THANK YOU. OKAY. THANK YOU. IS THAT IT? THANK YOU. HAVE A GOOD NIGHT. APPRECIATE. THANK YOU. GREAT. SO THE NEXT, OH, I'M JUST GETTING MY, OKAY. THE NEXT CASE IS, UM, I'M SORRY, WE'RE GOING TO ITEMS FOR PUBLIC HEARING. CAN WE HAVE A COUPLE OF MINUTES, FIVE MINUTES AS WE GO UP TO THE DAY? FIVE MINUTES EVERYONE. THANK YOU. IS IT RECORDING? YES. OKAY. HUG. GOOD EVENING. ONCE AGAIN. WELCOME TO THE JUNE 4TH, 2025. PLANNING BOARD. MEETING, PUBLIC HEARING. MAY I HAVE THE ROLL CALL ONCE AGAIN? YES. MS. DAVIS. HERE. MS. MOYER. HERE. MR. DESAI HERE ON ZOOM. MR. PINE HERE AND OUR ALTERNATE MS. ANDERSON HERE NOTE FOR THE RECORD THAT BOARD MEMBERS JOHANN SNAGS AND EDWIN WEINBERG ARE NOT PRESENT THIS EVENING. THANK YOU. OKAY, WE, UH, READY FOR TO HEAR CASE NUMBER PB 24 0 9 LOMBARDO'S AT NINE 19 CENTRAL PARK AVENUE SOUTH. GOOD EVENING BOARD. UH, MY NAME'S STEVE CHRISTENSEN WITH BCMY ARCHITECTURE HERE TONIGHT. UH, WE'RE LOOKING TO DO A RENOVATION OF AN EXISTING RESTAURANT AND IT WILL REMAIN A RESTAURANT. AND UH, IT'S LOCATED AT 9 1 9 CENTRAL PARK AVE. IT'S SUITE 20. AND, UH, THAT IS IN THE MIDWAY SHOPPING CENTER. UH, THE SQUARE FOOTAGE OF THE SPACE WILL REMAIN THE SAME. NOTHING WILL CHANGE. UM, AND SO THAT, UM, PER THE ZONING BOARD, SINCE THERE, SINCE THERE IS NO INCREASE IN SQUARE FOOTAGE THERE, AND EVEN THOUGH WE'RE LOOKING TO INCREASE THE AMOUNT OF SEATS, IT WILL NOT CHANGE THE OFF STREET PARKING REQUIREMENT 'CAUSE THERE'S NO INCREASE IN SQUARE FOOTAGE. SO WE'RE LOOKING TO BASICALLY JUST, IT'S A SAME USE RESTAURANT TO A RESTAURANT. I'M GONNA BRING UP THE PLAN FOR THE BENEFIT. I'LL BRING UP THE OVERALL SITE PLAN, AND THEN WE CAN LOOK AT THE FLOOR PLAN IF WE NEED. AND THERE IS NO EXTERIOR CHANGES ALSO. OKAY. SO THIS IS THE OVERALL SITE PLAN. UM, SO MIDWAY SHOPPING CENTER, THIS IS THE MAIN, UH, BUILDING WITH THE PARKING DECK UP ABOVE. AND THIS IS THE OUT BUILDING WITH, UH, SOME OF THE RESTAURANT SPACE, PANERA BREAD AND OTHERS. AND THEN THE FRONT BUILDING HERE. BUT THE SPACE ITSELF IS IN THIS CORNER. WITH THE TOWER. WITH THE TOWER. CORRECT. UH, ONE THING I DID WANT TO MENTION IS JUST TO CLARIFY THE RECORD MM-HMM . STAFF DID LOOK INTO, UM, THERE WAS A QUESTION LAST TIME ABOUT ROOFTOP PARKING AND ACCESS FROM THAT ROOFTOP. THIS ACTUAL, UM, TOWER IN THIS CORNER ABOVE THE USE DOES NOT HAVE A STAIRWELL. CORRECT. UM, SO, BUT THIS ONE DOES OVER HERE. RIGHT? SO IF SOMEBODY PARKED ON THE ROOF, THEY WOULD GO DOWN THIS STAIRWELL AND THEN WALK OVER. SO I JUST WANTED TO CLARIFY THAT FOR THE BOARD. 'CAUSE LAST TIME I THINK IT WAS A LITTLE UNCLEAR. OKAY. UH, IS THIS IS A PUBLIC HEARING, DO WE HAVE ANYBODY? UM, I DON'T BELIEVE SO, BUT DOES THE BOARD NEED ANY ADDITIONAL INFORMATION? AGAIN, THIS WAS ON FOR WORK SESSION THEN IT WAS SCHEDULED FOR A PUBLIC HEARING, BUT THE APPLICANT COULDN'T ATTEND. [00:40:01] SO THEY ASKED TO BE PUT OFF UNTIL THIS MEETING DATE SO THAT THE APPLICANT'S REPRESENTATIVE, I SHOULD SAY, WAS ABLE TO ATTEND. I HAVE A QUESTION. SURE. UH, WHERE IS THE NEAREST, UH, HANDICAP PARKING IS? UM, IT'S, IF YOU LOOK ON THE SITE PLAN, IT'S RIGHT IN THE FRONT. IT'S RIGHT IN FRONT OF THE SPACE. RIGHT. SO THEY WOULD USE THIS CROSSWALK AND THEN COME DOWN TO THE SPACE, WHICH IS, AND THAT, AND THAT ENTIRE FRONT IS A COVERED, UH, EN UH, ENTRY. SO THE WHOLE THING IS ALL COVERED. AND SO YOU WALK RIGHT ACROSS THE CROSSWALK, GO UNDER THE COVERING, AND THEN YOU BASICALLY WALK TO EVERY SINGLE TENANCY. RIGHT? IS IS, IS IT POSSIBLE TO HAVE A, UH, HANDICAPPED SPACE AT THE, UH, AT THE I WHAT IS IT, UH, LEFT, RIGHT HAND SIDE OF THE ENTRANCE TO THE RESTAURANT? CONSIDERING THAT THERE IS, I THINK YOU ARE INCREASING THE NUMBER OF THE SEATS. CORRECT. SO IF YOU CAN DO THAT ADDITIONAL HANDICAP PARKING, BECAUSE A LOT OF, UH, I MEAN, I, I GO TO YOUR RESTAURANT QUITE OFTEN TO LOMBARDO IN THERE, UH, IN DOBBS FERRY. MM-HMM . AND, UH, THEY HAVE A HANDICAP SPACE. RIGHT, RIGHT IN FRONT OF IT. YOU DON'T HAVE TO CROSS ANY MOVING LANE. SO I KNOW IT'S NOT POSSIBLE HERE. THE ONLY YOU CAN DO ADDITIONAL ON THAT SIDE, IT'D BE GOOD. SO MY, MY CONCERN WITH THAT WOULD BE, UH, BECAUSE THE HANDICAP PARKING SPOTS THAT YOU CAN SEE UP THERE, THERE ARE SIX OF THEM THAT IS COMPLIANT WITH THE HANDICAP CODE. I UNDERSTAND. SO IF WE ADDED AN ADDITIONAL HANDICAP SPOT, WE HAVE TO ACTUALLY LOSE A PARKING SPOT SO THAT WE CAN END UP HAVING THE STRIPED AREA NEXT TO IT. SO IT ACTUALLY HURT THE PARKING FOR THE WHOLE SHOPPING CENTER. IT WOULD LOSE AT LEAST ONE SPOT IF WE ADDED A PARKING AND THEN THAT WOULD MIGHT TRIGGER AN ISSUE. SO, SO TECHNICALLY HOW IT'S LAID OUT NOW AND IT WAS, UH, COMPLIANT PREVIOUSLY, UH, IT DOES COMPLY WITH THE A DA CODE. I UNDERSTAND. AND I THINK, UH, THIS IS AGAIN, UH, I I DON'T THINK CHANGING IT TO HANDICAP, UH, WOULD, WOULD, WOULD BE, UH, WOULD BE A TREMENDOUS LOSS AS IT IS. THERE IS A, UH, THEY, THEY COME AND GET A, UH, REPRIEVE FROM THE STAFF. CAN YOU CLARIFY SOMETHING? IF THEY DO ADD AN ADDITIONAL HANDICAPS PLACED, WILL THEY LOSE A REGULAR PARKING SPACE AND WOULD THEY THEN HAVE TO DO AN ADDITIONAL VARIANCE? SO IF, AND I'M JUST GOING TO USE THE CURSOR HERE TO PAN OVER THE AREA. I THINK MR. DESAI IS REFERRING TO SOMEWHERE IN THIS AREA AT THE OTHER SIDE. OTHER SIDE UP HERE. . YEAH. WHERE, WHERE YOU, WE HAVE A . SO THE ENTRANCE TO THE RESTAURANT IS THE RIGHT AT THE CORNER, THE, THE ENTRANCE TO, TO THE CORNER. THE RESTAURANT IS, YOU KNOW, IN ROUGHLY THIS. RIGHT AT THE CORNER. RIGHT AT THE CORNER. YEAH. I GO THERE TO QUITE OFTEN. SO I KNOW THAT. RIGHT. SO THEY'RE GONNA BE CROSSING A LANE OF TRAFFIC IN, IN ANY CASE. YEAH. NO, NO, NO. I UNDERSTAND THAT. BUT IT'S A MUCH MORE DIRECT, AND THAT AREA IS NOT AS, UH, CROWDED AND OCCUPIED. SO, UM, HOW MANY FEET ARE WE TALKING IF, IF, IF THERE WAS A SPACE, LET'S SAY A HANDICAP SPACE PUT HERE OR, OR OTHER SIDE. YEAH. OR HERE. YEAH. UM, THAT WOULD, I MEAN, YEAH. THAT, THAT MAY BE OKAY TOO. YEAH. WELL, I, I WOULD, I WOULD SAY, YOU KNOW, IF IT WERE UP HERE, YOU KNOW, THEN NO, NOT THERE. NOT THERE DOWN BELOW. OKAY. SO IF THE WE'RE HERE, YEAH, THAT'S ONE. YEAH. WHERE YOU HAD, THAT WOULD RESULT IN THE LOSS OF A SPACE AND WOULD ADD THE REQUIREMENT FOR A SHARED PARKING REDUCTION OR VARIANCE TO THE PROJECT. AND WE WOULD HAVE TO RE-NOTICE THE PUBLIC HEARING TO INDICATE THAT THE PROJECT NOW REQUIRES A SHARED PARKING REDUCTION OR VARIANCE. SO, UM, THAT WOULD BE UP TO THE BOARD. THE BOARD, YOU KNOW, THE APPLICANT DEMONSTRATED THERE ARE SIX HERE WITH A LARGE AND EXPANSIVE, UM, CROSSWALK THAT TAKES YOU TO A SHELTERED OVERHANG. JUST SHOW ME WITH THE SIX, I CAN'T SEE WITH YOUR, I'M SORRY, WITH YOUR CAR. SORRY. IT'S LIKE, LIKE CRAZY. LET ME, UH, PAN TO THE LEFT HERE. UM, JUST GO UP. SO THE SPACE IS HERE. THE, THE RESTAURANT, THESE ARE THE SIX. AND THEN THERE'S, THIS IS THE CROSSWALK AND THEN THIS, THERE'S AN OVERHANG. SO THIS IS COVERED. SO IF THEY CROSSED HERE, THEN THEY WOULD COME UP AND ENTER. AND THEN ALSO, JUST SO YOU KNOW AS WELL, THERE'S ALSO UM, UH, FOUR, FOUR HANDICAPS UP ON THE SECOND, UH, UP ON THE ROOF DECK. SO TECHNICALLY IT'S, I UNDERSTAND WHAT YOU'RE SAYING. IT IS FULLY COMPLIANT WITH THE HANDICAP [00:45:01] CODE CURRENTLY. SO, YOU KNOW, IF WE TRY TO ADD THAT ADDITIONAL SPOT, LIKE YOU'RE SAYING, THAT WOULD TRIGGER, UM, YOU KNOW, POSSIBLY FULL SITE PLAN APPROVAL AND EVERYTHING ELSE. 'CAUSE YOU'RE DOING A REDUCTION. SO BEING IT'S CURRENTLY COMPLIANT, UH, WE FEEL IT'S, IT'S CODE COMPLIANT THAT AN ADDITIONAL SPOT WOULD NOT BE REQUIRED. NOW THAT'S SOMETHING MAYBE DOWN THE FUTURE WE COULD DISCUSS, BUT FOR THIS PURPOSE TO GET GOING AT THIS POINT, IT'S COMPLIANT. OKAY. I AGREE. THE JURY FIRST, YOU'RE OKAY. YEAH. YEAH. I MEAN, THEY, THEY DID THE SITE TO THE NORTH WHERE YOU WERE REFERRING, THEY JUST REDID THAT WHOLE PARKING AREA. AND I THINK IN HINDSIGHT, YOU KNOW, MAYBE WELL WOULD'VE BEEN, UM, BETTER FORWARD THINKING TO CONSIDER THE ADDITION OF A HANDICAP SPACE AT THIS TIME. BUT THEY JUST WENT THROUGH IT AS, YOU KNOW, MR. DE YEAH. BUT, UH, I, EXCUSE ME. BUT THIS, UH, SHOPPING CENTER IS ALWAYS BEEN A, A BIG PROBLEM FOR US TO HAVE THEM TO DO IT. SOMETHING THAT IS A, UH, MORE CUSTOMER CONVENIENT. AND WHEN YOU PUT A HANDICAP PARKING ON GROUP CAB, WHICH MOST PEOPLE EVEN DON'T GO TO PARK THERE MM-HMM . LET ALONE THE HANDICAPPED PEOPLE WILL GO THERE AND, AND HAVE, IF YOU, IF YOU HAVE SOMEBODY WHO IS IN A WHEELCHAIR TO TRY TO NAVIGATE FROM A BOAT PARKING TO COME DOWN TO THE, THE LOMBARDO, I, I THINK HE PROBABLY WON'T COME BACK TO YOUR RESTAURANT AGAIN. OKAY. SO I HAVE A QUESTION. UM, IF WE MOVE A HANDICAP SPOT CLOSER TO HIS, AREN'T WE TAKING IT FROM SOMEONE ELSE OR REDUCING THE LIKELIHOOD? BECAUSE THEN YOU'LL HAVE IT COMPLIANT ON ONE SIDE. SO WE JUST KIND OF MIGHT BE SHIFTING THE ISSUE, BUT, UM, THE QUESTION HERE IS WHETHER OR NOT WE'RE ABLE TO, UM, ACTUALLY MOVE FORWARD WITH THIS PROJECT WITHOUT THE HANDICAP SQUAD CONSIDERING THEIR SITUATION, I WOULD SAY MOVE FORWARD. OKAY. THANK YOU. ARE THERE ANY OTHER QUESTIONS FROM THE BOARD MEMBERS? YEAH, AARON, I, I HAD ONE QUESTION IN RESPONSE TO WHAT YOU SAID EARLIER ABOUT, UM, THE TOWER WITH THE STAIRCASE. YES. IS THAT THE ONLY WAY TO GET FROM THE TOP, UH, PARKING LOT TO THE, THE RETAIL FLOOR? OR IS THERE ALSO A WAY CLOSER TO, TO THE RAMP WHERE, WHERE VEHICLES GO UP TO THE SECOND FLOOR? UM, NO, SO THAT WOULD BE THE PRIMARY WAY. I MEAN, IF A VEHICLE WAS PARKED, I DON'T KNOW IF YOU CAN SEE MY CURSOR, UH, CLOSE TO THE RAMP. DO YOU, I MEAN, IT'S POSSIBLE TO WALK, YOU KNOW, OVER THE RAMP AND AROUND, BUT IT, IT'D BE, THEN YOU HAVE TO COME DOWN A STAIRWELL, YOU USE THE CROSSWALKS AND THEN CROSS BACK OVER. SO IT'S KIND OF CIRCUITOUS ROUTE AND IT'S NOT SAFE THERE. RIGHT THERE. THE TOWER, JUST SO YOU KNOW, THE TOWER ACTUALLY IS A CELL, IT'S LIKE A CELL PHONE TOWER. THAT'S WHAT'S IN THERE. YEAH. IT'S A FEATURE. YEAH. SO I WOULD SEE, OKAY, GO AHEAD. IT'S NOT THE PRIMARY WAY, IT'S THE ONLY WAY TO GET FROM THE, FROM THE ROOF THROUGH THE TOWER. CORRECT. WHEN, WHEN I, WHEN I WAS THERE, UM, A COUPLE TIMES I ACTUALLY WALKED JUST SPEAK INTO THE MIC. I'M SORRY. I ACTUALLY WALKED. UH, WE ALL DID, WHEN WE WERE THERE, WE ACTUALLY WALKED ACROSS THE RAMP, WHICH GOES OVER THAT, UH, THE, THE UNDER THE LOADING AREA. MM-HMM . WE WALKED OVER THAT, WE ACTUALLY CAME DOWN THE STEPS AND IT WAS A FAIRLY, 'CAUSE IT'S RECENTLY, LIKE YOU STATED, IT HAS JUST BEEN REDONE. MM-HMM . SO THE STAIRS, EVERYTHING'S FULLY COMPLIANT. THEY HAVE THE HANDRAILS, UM, AND YOU LITERALLY JUST WALK RIGHT DOWN THE STEPS. AND IT WAS ACTUALLY PRETTY, PRETTY SIMPLE. YEAH. I, I MEAN, I UNDERSTAND IT'S ACTUALLY NOT A, IT'S MUCH LARGER PROBLEM, BUT, UH, YOU'RE TALKING ABOUT YOURSELF, BUT CONSIDER SOMEBODY'S IN A WHEELCHAIR, , I, I, I HAVE, I HAVE ELDERLY PARENTS IN NINETIES. YEAH, ME TOO. I, I'M ALWAYS, UH, THINKING ABOUT THIS, UH, BUT JUST BEING THAT IT'S COMPLIANT WITH THE CODE. SO IF I WENT THERE, I LITERALLY WOULD PARK IN THAT SPOT, GO RIGHT ACROSS THE WALK UNDER THE COVERING AND GO IN. OKAY. I UNDERSTAND WHERE YOU'RE COMING FROM. SO ARE WE, UM, PREPARED TO, TO CLOSE THE PUBLIC HEARING AND SCHEDULE? RIGHT. SO IF THE BOARD CHOSE TO, FROM A SEEKER STANDPOINT, UH, THIS PROJECT DOES QUALIFY AS A TYPE TWO ACTION. SO THERE'S NO, YOU KNOW, UH, SEEKER DETERMINATION, SO TO SPEAK, THAT HAS BEEN PREPARED BY STAFF QUALIFIES AS A TYPE TWO. AND AT THE TIME YOU CONSIDER THIS PROJECT FOR A DECISION, YOU WOULD VOTE TO CLASSIFY IT AS A TYPE TWO. SO, UH, AT THIS TIME, THE BOARD COULD CONSIDER CLOSING THE PUBLIC HEARING, LEAVING THE RECORD OPEN FOR [00:50:01] ONE WEEK AND PUTTING THIS PROJECT ON FOR CONSIDERATION OF A DECISION AT THE JUNE 18TH MEETING. AARON, DO YOU, DO YOU WANT TO ASK THE PUBLIC THAT IF THERE IS ANYBODY IN THE PUBLIC TOO? YES. IS THERE, I DID BEFORE, BUT I WILL ASK ANN, ANYONE FROM THE PUBLIC THAT WISHES TO SPEAK OR ON ZOOM AT THIS TIME? THANKS. OKAY. THANK YOU. YOU, SO DO WE HAVE MOTION? A MOTION? YEAH. MOTION FOR THE, TO CLOSE THE PUBLIC HEARING AND LEAVE THE RECORD OPEN FOR ONE WEEK? NO, I THINK THE FIRST ONE THEY HAD OTHER ONE, RIGHT? THE ONE WEEK? NO, NO, THE NEXT, THE, AND THE, THE RECORD SECRET IS FIRST OR THE CLOSING? NO, WE'LL DO SEEKER AHEAD OF THE DECISION NEXT TIME. OKAY. SO CLOSE PUBLIC HEARING. LEAVE RECORD. CAN I HAVE A MOTION TO CLOSE THE PUBLIC HEARING AND LEAVE THE RECORD OPEN FOR ONE WEEK? SO MOVED. DO I HAVE A SECOND? SECONDED. ALL IN FAVOR? AYE. AYE. AYE. THANK YOU DYLAN. ALL OPPOSED. OKAY. SO WE WILL LEAVE THE RECORD OPEN FOR ONE WEEK AND SEE YOU ON JUNE 18TH WHEN YOU'RE OPENING. THANK YOU SO MUCH. THANK YOU. WHEN IS THE DATE THAT YOU'RE OPENING THOUGH? THAT, UM, IT'S UP IN THE AIR STILL. IT'S, I'M NOT SURE YET. OKAY. AND I, AND I, I, I ACTUALLY APPRECIATE WHAT YOU STATED BECAUSE I HAVE ELDERLY PARENTS, SO I ALWAYS, ALWAYS LOOK OUT FOR THAT. SO THANK YOU WITH YOU. THANK YOU SO MUCH. ALL RIGHT. HAVE A GOOD NIGHT. YOU'RE WELCOME. HAVE A GOOD EVENING. CASE NUMBER PB 24 22 LEVI. 1 34 EUCLID AVENUE. HI, GOOD EVENING. UH, MADAM CHAIR, BOARD MEMBERS AND STAFF. MY NAME IS JACOB AMIR FROM ZA STEINITZ. WITH ME ARE, UH, JEN LEVY, JARED LEVY, 1 34 EUCLID. UM, WE WERE HERE FOR A, UH, WORK SESSION, UM, LAST TIME, AND NOW IT'S OPEN FOR THE PUBLIC HEARING. UM, JUST TO UPDATE A, A LITTLE BIT, I HAD SHARED, I, UM, I'M SORRY, JACOB, IF I MAY INTERRUPT FOR A SECOND. UM, PRIOR TO THE PUBLIC HEARING, THE BOARD MAY WISH TO CONSIDER A SECRET DETERMINATION ON THIS PROJECT. UH, IS THIS REQUIRED, UH, FOR SUBDIVISIONS TO DO SEEKER BEFORE, UH, OPENING UP TO A PUBLIC HEARING? OKAY, THANK YOU, MATT. THANK YOU, MATT. NO. SO AS MR. BRITTON INDICATED, STAFF PREPARED A DRAFT SEEKER DETERMINATION ON THIS PROJECT, WHICH WAS CIRCULATED IN THE PACKAGES. UH, FIRST OFF, THE PROJECT UNDER SEEKER QUALIFIES AS AN UNLISTED ACTION, SO WE WOULD WANT A MOTION TO CLASSIFY THIS PROJECT AS AN UNLISTED ACTION. SO I MOVED SECOND. SECOND, PLEASE. SECOND. ALL IN FAVOR? AYE. CAN I, CAN I SPEAK TO THAT IF THAT'S POSSIBLE? HOLD ON. NO, YOU, I'M SORRY. AFTER THE BOOK. AFTER. OKAY. AND IN WRONG ORDER. SO WE'RE JUST GONNA DO THE SECRET DETERMINATION. I WAS JUST GONNA COMMENT ON THE SECRET, SO YOU STAY RIGHT THERE. OKAY. OH, I'M SORRY. YOU SAID THAT AFTER THE, OKAY. AND TO, UM, DESIGNATE THIS, UM, AS A NEGATIVE DECLARATION, WAS THERE A BILL? I'M SORRY, I GOT ALL CONFUSED FOR, FOR WE DID THE UNLISTED. WE JUST FINISHED THE UNLISTED. DYLAN, DID YOU VOTE ON THE UNLISTED ACTION? I, I DID IN FAVOR. THANK YOU. OKAY, SORRY. GOT A LITTLE CONFUSED. SO NOW YOU'RE ON THE, OKAY. AND THE SECOND MOTION WOULD BE TO DECLARE THIS AS A NEGATIVE, UH, DECLARATION. MAY I HAVE A MOTION? SO MOVED. MAY I HAVE A SECOND? MAY I HAVE A SECOND? SECOND. IT ALL IN FAVOR? THAT WAS EMILY, MS. ANDERSON. CORRECT. AND THEN MS. ANDERSON, THANK YOU. ALL IN FAVOR, CONFUSION. I'M CONFUSED. I'M SORRY. WHEN DID WE DO THE, WHERE'S THE, WHERE'S THE, IT'S RIGHT HERE. MATERIAL IN, IT WAS IN THE PACKAGES. ALL RIGHT. SO YOU JUST VOTED ON AN UNLISTED ACTION, AND NOW WE'RE DOING THE NEGATIVE DECLARATION. AND THERE WAS A MOTION TO PASS IT AS A NEGATIVE DECLARATION. AND A SECOND. SO, ALL IN FAVOR? AYE. AYE. ALL OPPOSED? AYE. ALL ABSTENTION? ALL ANY ABSTENTIONS? I NO, I, I THOUGHT I SAID I, YEAH, I HAVE YOU MARKED AS ON. OKAY. ANY ABSTENTIONS? ARE ARE YOU, HAVE YOU VOTED? I OKAY. THIS HERE, HERE'S THE WRONG COPY. SO I, [00:55:01] I BELIEVE YOU HAD A COMMENTARY RELATED TO NO, NO, THIS I'M FINE. OKAY. JUST THE, I MEAN, JUST FOR FUTURE, THE AGENDA. RIGHT. ALRIGHT. CAN WE DISCUSS THIS AFTER? OKAY. DISCUSS IT AFTER. THANK YOU. YOU MAY PROCEED. THANK YOU. THANK YOU. UH, YEAH, I, THERE THERE ARE TWO THINGS SINCE OUR LAST WORK SESSION. UM, I BELIEVE THAT, UH, ABDULAZIZ YUSEF FROM HUDSON MAY BE ON, AND I THINK PAUL JANNING OUR, UM, LANDSCAPE CONSULTANT IS ON JUST TO BRING TO THE BOARD'S ATTENTION I SHARED WITH STAFF, UM, PRIOR TO THIS MEETING, TWO, UM, CHANGES TO THE, UM, SITE LAYOUT PLAN, WHICH ARE, DO NOT AT ALL AFFECT THE AREA TO THE SOUTHWEST, WHICH WAS THE WHOLE, UM, CONSERVATION AREA THAT WE KIND OF FOCUSED ON LAST TIME. ONE IS ON THE REVISED SIDE PLAN, THE DRIVEWAY, THE DRIVEWAY'S GONNA BE REMOVED. MOST OF IT'S GONNA BE REMOVED AS, AS PER THE PLAN. BUT INSTEAD OF HA, INSTEAD OF HAVING SORT OF LIKE AN L-SHAPED WALKWAY FROM THE GARAGE TO THE FRONT DOOR, THERE'LL BE A CURVED WALKWAY. ALL THAT DOES IS IT INCREASES THE SQUARE FOOTAGE A LITTLE BIT. DOESN'T, DOESN'T EXCEED THE IMPERVIOUS SURFACE. IT'S ON THE NORTHEAST CORNER, SO IT'S ON THE DISTANCE SIDE OF THE PROPERTY, BUT IT JUST, IT'S JUST A BETTER LOOK. UM, CAN YOU, CAN YOU, CAN YOU YEAH. IN ON IT. THANK YOU. I BELIEVE THE APPLICANT'S REPRESENTATIVE, YOU SEE THE DIFFERENT SHADING THERE. OKAY. RIGHT. SO INSTEAD OF IT L IT JUST, IT JUST LOOKS BETTER. UH, IT DOESN'T CHANGE ANY OF THE DIMENSIONAL ANY ZONING, UH, ISSUES. IT'S ON THE OPPOSITE SIDE OF WHERE THE PROPOSED NEW LOT IS FURTHER AWAY. SO IT'S INNOCUOUS. YEAH, JUST THAT. UM, AND IT TOOK SAME AS DRIVEWAY? YEAH. I MEAN THE, THE RIGHT, THE, THE, TO THE LEFT AND ABOVE THAT, THAT'S GONNA GO ANYWAY. UM, IT'S JUST, IT'S JUST A BETTER APPEAL FROM THE GARAGE TO THE FRONT DOOR. UM, SO IT LOOKS MUCH WIDER THAN THE, SO IT'S A LITTLE BIT WIDER. WE GO FROM I THINK 59 SQUARE FEET, THAT AREA TO 150 SOMETHING SQUARE FEET. BUT WE ARE, WELL STILL UNDER THE IMPERVIOUS SURFACE BECAUSE WE'VE GOTTEN RID OF A LOT OF THE DRIVEWAY ANYWAY. RIGHT. THERE'S A LARGE PORTION OF THE DRIVEWAY BEING REMOVED, BEING REMOVED IN CONNECTION WITH THE PROJECT. NO, NO, NO. I UNDERSTAND. BUT WHY IT WAS YOU NEEDED FROM 59 TO 150. IT'S JUST THE CALCULATION OF THE SQUARE FOOTAGE IS WHAT I'M TOLD FROM OUR, OUR LAYOUT. BUT IT'S, IN THE GRAND SCHEME OF THINGS, IT'S A, IT'S A RELATIVELY SMALL NUMBER. OKAY. UM, THE, THE OTHER, THE OTHER, UH, PROPOSED CHANGE WE HAD IS WITH RESPECT TO THE LANDSCAPING, UM, IF YOU COULD PULL UP THE NEW LANDSCAPING PLAN, UM, AND HERE WHAT'S I THINK IMPORTANT TO STRESS IS WE WE'RE NOT CHANGING ANYTHING ON THE, WHAT'S CALLED THE PROPOSED RESIDENCE. AND JUST TO REFRESH FOR THE BOARD, THIS IS JUST A SUBDIVISION WITHOUT ANY DEVELOPMENT OF THE NEW LOT. UM, SO WHEN, IF AND WHEN THE TIME COMES FOR THAT SIDE PLAN APPROVAL THAT WOULD HAVE, THAT WOULD INCORPORATE THE LANDSCAPING PLAN AS TO THE PROPOSED RESIDENCE ON THE EXISTING RESIDENCE SIDE, WHICH IS THE EASTERLY SIDE. THERE ALREADY ARE THE, LET ME BACK UP. THE PLAN THAT WE HAD SEEN, UH, BEFORE HAD LANDSCAPING INSTALLATIONS ON THE SOUTHERLY SIDE OF THE, OF THE RESIDENCE. SO RIGHT SORT OF BELOW WHERE THAT THE REAR PATIO IS AND TO THE LEFT OF THAT. AND THEN, UM, ALONG THE NEW SUBDIVISION LINE, PROPOSED SUBDIVISION LINE. THERE WERE GONNA BE TREES PLANTED, BUT THERE ARE RIGHT NOW TREES THERE. SO IT DIDN'T MAKE SENSE REALLY TO HAVE ADDITIONAL TREES IN FRONT OF THE TREES THAT ARE ALREADY THERE. IT DOESN'T PROVIDE ANY EXTRA SHADING OR ANY PRIVACY. SO THAT WAS PROPOSED TO BE REMOVED. PAUL JANNING IS, I THINK ON, SO PAUL, I DON'T KNOW IF YOU WANT TO COMMENT AT ALL ON THIS. IS PAUL ON? YES, HE IS. I'M RIGHT HERE. YES. THERE YOU GO. THANKS PAUL. JUST STATE YOUR NAME AGAIN PLEASE FOR THIS STENOGRAPHER. YEAH, SURE. UH, MY NAME'S PAUL JANIK, UM, MY MAN'S AND, UH, SOILS CONSULTING. UH, AND I WAS BROUGHT ON INITIALLY TO, UH, DETERMINE IF THERE WERE ANY WETLANDS ADJACENT TO THE PROPERTY, AND IN FACT, DID FIND SOME, AND THAT'S SHOWN ON THE PLAN. AND THEN PREPARED A, UH, MITIGATION PLAN FOR THE PROPOSED, UH, DEVELOPMENT OF THE SITE. AND THAT'S THE ONE YOU HAVE IN FRONT OF YOU. AND IF YOU RECALL, [01:00:01] THERE WERE A NUMBER OF ENCROACHMENTS, UH, TO THE SOUTH OF THE, UH, LEVEE PROPERTY. SO THE PLAN INCORPORATES, UH, A RESTORATION OF THE LANDS THAT ARE TO THE SOUTH OF THE LEVEE PROPERTY THAT THEY HAVE, PRACTICE BASKETBALL COURT, UH, A JACUZZI, UH, SHED AND RECLAIM THAT TO A MORE NATURAL SETTING. AND THEN ON THE LEVEE PROPERTY TO, UH, REORGANIZE SOME OF THE PLANTINGS, UH, MORE APPROPRIATELY AND ADD NEW PLANTINGS BEING, UH, TREES, SHRUBS, AND GROUND COVERS, UH, ALONG APPROPRIATE PLACES, UH, ALONG THE SIDES, THE REAR, AND THEN THE PROPOSED, UH, LOT LINE. UH, ONE THING THAT I HAD CHANGED, UH, ON THE PLAN THAT YOU HAVE IN FRONT OF YOU IS I TOOK THE, UH, ALONG THE COMMON PRO PROPOSED PROPERTY LINE THAT GOES NORTH SOUTH TO DIVIDE THE LEVEE SITE. I, I MOVED THE, UH, PROPOSED, UH, EVERGREENS, THE GREEN GIANTS, WE CALL THEM EXCUSE GREEN. I, YOU YOU LOST ME. CAN YOU SHOW IT? WHAT SORT OF YOU'RE TALKING ABOUT? HE'S, HE'S ON YEAH, THE RIGHT IN THE MIDDLE, THERE'S THAT LINE THAT GOES UP AND DOWN. YEAH, THAT'S, THAT'S THE NORTH SOUTH LINE. DO, DO I, IS MY, IS MY POINTER OPERATING? UM, WE CAN SEE IT, BUT UH, IT MIGHT BE HELPFUL TO SEE THEM SIDE BY SIDE. IS THAT POSSIBLE? YEAH. SEE, SEE WHAT'S SIDE BY SIDE? THE FORMER PLAN WITH THE CURRENT PLAN? UH, WELL, IT, IT'S, IT LITTLE HAS CHANGED IN IT. UH, I SIMPLY, ALONG THE, UH, THE PROPOSED LOT LINE CHANGED. UM, THE GREEN GIANTS HAVE BEEN MOVED ONTO WHERE THE LEVEE HOUSE IS NOW, AS OPPOSED TO STRADDLING THE PROPOSED LINE. YEAH. BUT THAT LOOKS LIKE A HEDGE OR BUSH'S NOT A BIG TREES THAT YOU ARE EXCAVATING. WELL, YOU'RE LOOKING AT IT IN A PLANNED VIEW. I MEAN, IT'S TWO DIMENSIONAL. WE'RE LOOKING AT HERE. THE, IF, IF YOU GO OVER TO THE KEY, IT'S COLOR CODED. CAN, CAN YOU PAN OVER TO THE KEY THAT THOSE ARE? YEAH, THOSE, THE, THE ONES THAT ALONG THE NORTH SOUTH, THOSE ARE THE GREEN GIANTS, RIGHT? PAUL Y YES, SIR. YEAH. SO, UH, IS, IS IT POSSIBLE TO SHRINK THE PLANT ON? IT LOOKS LIKE WE, IT'S VERY CRO HERE. THE ONE I'M LOOKING AT. YEAH, THAT'S A LITTLE BETTER. A LITTLE BETTER. I, THAT'S, NOW I SEE THIS. WELL, I SEE LIKE UP ABOVE AS YOU GO ALONG THE, YEAH, LET, LET ME, PAUL, LET ME, LET ME TRY. 'CAUSE WE WE'RE SEEING IT HERE, SO MAYBE I CAN, MAYBE I CAN KIND OF GUIDE. RIGHT? SO, OKAY. SO WE, SO YEAH, WELL, JUST VERY SIMPLY, THE, THE PLAN IS COLOR CODED. SO IF YOU LOOK AT THE PLAN AND YOU GO TO THE RIGHT, YOU'LL SEE A PLANTING SCHEDULE AND IT'S ORGANIZED BY TREES, SHRUBS, AND HERBACEOUS. AND IT'S COLOR CODED. SO AS A, FOR INSTANCE, IF YOU GO TO THE, UH, THE TREE CATEGORY, YOU'LL SEE WHERE THE GREEN GIANT IS, AND THEN IT'S GREEN, A DARK GREEN. THEN YOU GO DOWN ALONG THE PROPERTY LINE THAT'S PROPOSED. YOU'LL SEE THESE LITTLE CIRCLES. UH, THOSE, THOSE ARE WHERE THE PROPOSED, UH, GREEN, GIANT TREES WILL BE. AND, AND THE SIZE AND QUANTITIES OF THOSE ARE PROVIDED OVER ON THE PLANTING TABLE. AND THEN IF YOU GET DOWN TO THE SHRUBS, IT'S THE SAME SORT OF THING. WE HAVE THE SHRUBS THAT ARE PROPOSED HALE BUSH, UH, BAYBERRY. AND UH, AGAIN, YOU SEE, YOU SEE THE LOCATIONS OF THEM. THEY'RE, THEY'RE BASICALLY PLANTED IN FRONT OF THE TREES. AND UH, EXCUSE ME. BUT, UH, UH, I UNDERSTAND THAT THERE IS A PLAN AND THAT'S A CONCEPTS THAT YOU HAVE, BUT IT WOULD BE A GREAT HELP LIKE YOU ARE SHOWING THE GIANT ABO IS IN A CIRCLE AND IF THERE IS A SIMILAR NOTIFICATION INSTEAD OF LIKE A KIND OF A CLOUD BUBBLE REPRESENTING ANOTHER ARRB IS EITHER PROPOSED OR IT'S EXISTING. THAT'S WHAT'S REALLY CONFUSING. SO NUMBER, SO I THINK IT'LL BE, AARON, IT'D BE GOOD TO HAVE LIKE, WHEN IT WOULD BE APPROVED, HAVE A LITTLE MORE CLEAR, UH, LANDSCAPE PLAN RATHER THAN, I JUST HAVE TO KIND OF IMAGINE AND THINK WHAT IS THAT EACH ONE IS, UH, THAT WILL BE MY, MY REQUEST. I MEAN, IT DOESN'T AFFECT, UH, ACTUAL PROJECT, BUT UH, WHEN WE APPROVE SOMETHING, WE LIKE TO KNOW WHAT IS ACTUALLY WE ARE APPROVING. YEAH, IT'S A LITTLE DIFFICULT. THANK YOU. YEAH. 'CAUSE THE, BECAUSE THE, UM, IT'S A LITTLE SMALL. I DON'T KNOW IF YOU WANT THE PRINTOUT THAT I HAVE, IF THAT'LL HELP. THE, THE ONLY QUESTION I HAVE IS, AND I'LL [01:05:01] POINT TO IT. I FOLLOW EVERYTHING AND I WOULDN'T HAVE A PROBLEM, YOU KNOW, BEING OUT IN THE FIELD AND LAYING THIS ALL OUT. THE ONLY QUESTION I HAVE RELATES TO THIS, THIS L SHAPE, IT SAYS DOWN HERE, PROPOSED RELOCATED GREEN GIANT TREES. AND IF THAT COULD BE ELABORATED ON A LITTLE BIT MORE, THAT WOULD BE HELPFUL. I DON'T KNOW IF THOSE EXIST OUT THERE NOW AND THEY'RE BEING RELOCATED TO CORRECT. KIND OF AROUND THE PROPERTY LINE OR IT'S SOMETHING DIFFERENT. YES, YOU, THAT'S CORRECT. THERE. IF YOU LOOK AT THE MAP BELOW, THAT'S THE EXISTING CONDITIONS MAP. AND THERE THERE'S A, UH, THERE I SEE IT. KEEP SCROLLING DOWN. SO YOU SEE A, UH, THERE'S A LINE OF GREEN GIANTS EXISTING AND ALRIGHT, THERE YOU GO. SO I, I DON'T, DON'T HAVE A POINTER, UH, THAT YOU'RE USING. OKAY, GOTCHA. WE'RE TAKING SOME OF THE GREEN GIANTS THAT WRAP AROUND WHERE THE EXISTING, UH, GOTCHA. PRACTICE BASKETBALL COURT IS. SO LET, LET, LET ME INTERJECT. 'CAUSE THE, THE, THE APPLICANT JUST WHISPERED TO ME. SO LET ME TRY TO CLARIFY A LITTLE BIT. THE, THE, THAT REFERENCE PROPOSED RELOCATED GREEN, GIANT TREES. THERE, THERE WERE NEVER TREES THERE, RIGHT? THERE WERE TREES. IF YOU, IF YOU START AT THE, WELL GO, GO BACK UP TO THE ONE, THE PROPOSED, IF YOU CAN GO, GO TO THE ONE THAT SHOWS THE, UH, OOPS, YOU GOTTA, YOU GOTTA, I THINK YOU HAVE TO GO BACK A LITTLE JUST NO, NO, GO, UH, ZOOM OUT SO WE COULD, THERE, YEP, THERE WE GO. THERE'S, GIVE IT A SECOND. SO JUST GO UP A KEEP GOING. KEEP GOING A LITTLE BIT. SO YOU SEE WHERE THOSE SIX GREEN, HOLD ON. ALL RIGHT, THAT'S GOOD. YOU SEE WHERE THOSE SIX GREEN GIANTS ARE ON OR SEVEN ON THE, ON THE BOUNDARY LINE, I MEAN ON THE PROPOSED BOUNDARY LINE. SO THERE WERE TREES IF YOU MAKE AN L SHAPE FOR AT THE BOTTOM GREEN, UH, CIRCLE AND YOU MAKE AN L OUT OF THAT, THAT'S WHERE TREES WERE. SO THIS RIGHT THERE EXACTLY. WITH THAT NOTE. EXACTLY. BUT NOW BECAUSE THIS IS GRASS, THERE'S NO, THERE'S NO NEED FOR THOSE THERE. SO THAT'S WHY THERE IS A PROPOSED TO CONTINUE THE LINE DOWN TO THE BOUNDARY LINE. RIGHT. SO WHAT WE WERE SEEING DOWN BELOW IS THIS, WHICH THEN WENT UP AND HERE. EXACTLY. THESE DOTTED AREA IS GONNA BE RELOCATED TO THAT. EXACTLY. YOU, YOU JUST RIGHT. DOES DOES EVERYONE FOLLOW THAT? WELL, I MEAN, I UNDERSTAND THIS LOOKS LIKE SOME, I MEAN, I FOLLOW NOW OF THE THINGS DOESN'T LOOK LIKE A GREEN CHILD THERE. OKAY. BUT WHAT YOU, I MEAN, I UNDERSTAND YOUR CONCEPT AND I UNDERSTAND WHAT YOU'RE TRYING TO DO, BUT IT'LL BE A, UH, SORRY, I THINK I UNDERSTAND WHAT YOU HAVE DONE IT. AND I, UH, I HAVE SOME SORT OF VISUAL TRAINING SO I UNDERSTAND WHAT YOU'RE DOING IT. BUT FOR, UH, UH, BE CLEAR HOW MANY YOU HAVE REMOVED AND HOW MANY ARE GONNA BE REPLACED, AND, UH, UH, WHAT IS THAT THINGS, UH, UH, REALLY LOOKS LIKE RATHER THAN A KIND OF AREA SETTING. UM, SO A, IT IS TOO MUCH TO ASK THEM TO KIND OF DO SOMETHING THAT IS A, SHOWS LIKE A CIRCLE AND LIKE USUALLY WE GET LANDSCAPE PLANTS WITH THE CROSS, WITH THE STREET REMOVED, AND THEN THEY WILL HAVE A TREE THAT IS SAID REPLACED. THAT'S USUALLY KIND OF LANDSCAPE PLAN WITH THE IDEA. THAT'S RIGHT. SO I CAN JUMP IN THE, THE DIFFERENCE HERE, I, I UNDERSTAND WHAT YOU'RE SAYING AND EVERYTHING THAT THEY HAVE, THE CIRCLES, LIKE FOR THE GREEN GIANTS, THOSE ARE THE PROPOSED NEW GREEN GIANT ARBOR PROVIDING THEY HAVE IT SHADED DIFFERENTLY, UH, WITH THE ONES THAT EXIST ON THE SITE THAT THEY'RE PROPOSING TO RELOCATE. THE APPLICANT PROBABLY COULD HAVE JUST SAID, HEY, WE'RE GONNA WIPE THESE OUT, BUT INSTEAD THEY'RE GONNA MAKE AN ATTEMPT TO RELOCATE THEM ALONG THAT CORNER OF THE PROPERTY LINE. I FOLLOW IT. WE WANTED IT, WE WANTED TO SAVE IT, WE WANTED TO SAVE THOSE TREES, BUT, UM, THE NEW TREES AND SHRUBS ARE SHOWN AND THEY MATCH UP WITH THE LEGEND ON THE RIGHT HAND SIDE. SO I, I DO FOLLOW IT, BUT I UNDERSTAND WHAT MR. DESAI IS SAYING AS WELL. DOES, DOES IT SHOW HOW MANY TREES IN THAT? UH, IT DOES. HOW MANY IN THE LEGEND, IF YOU COULD PAN TO THE RIGHT. 18 NEW GREEN, GIANT ARBOR, TWO SHAG BAR HICKIES. MM-HMM. SO WHAT IS THAT? 6,080 AND, UH, WELL, THOSE ARE HERBACEOUS MATERIALS. OKAY. SO YEAH, SO FERNS AND FLOWERS, THINGS OF THAT. YEAH. SO WITHIN THAT, THERE IS NO YELLOW OR I'M, I'M JUST TRYING TO FOLLOW NOW WHAT YOU'RE SAYING IS THAT, [01:10:01] SO WHERE IS THAT YELLOW THAT THEY SHOW THERE? THE GG? YEAH, THE BOTTOM GREEN AND GOLD. IT'S A, UH, IT'LL BE A GROUND COVER THAT'LL BE PLACED ALONG THE, UH, EXCUSE ME, BUT I'M JUST TRYING TO FOLLOW THAT YELLOW. YEAH, THEY, THEY WOULDN'T. AND THEN ONE THAT, UH, IS THAT LHA THAT YOU'RE SAYING IT IS A NEW REPLACED. SO WHERE IS THAT IN LEGEND? SO, SO LET'S GO TO THE GG, WHICH, UM, AGAIN, THESE ARE SMALL, THEY'RE SHOWING, I FORGET IF IT WAS 180, THEY'RE NOT GONNA PUT 180 CIRCLES, YOU KNOW, IT'S REALLY JUST A PLANTED AREA. SO THEY ARE SHOWING THAT 20 WILL BE PLANTED HERE, BUT THEN, AND THEN THEY HAVE 40 HERE COMING DOWN. UM, SO THAT'S 60 OF THEM. I DON'T KNOW IF IT WAS MORE THAN THAT. BUT THEN THEY SHOW CHR AND IN THIS PLANTING BED, 'CAUSE THEY'RE FLOWERS MORE OR LESS ARE FERNS. THEY'RE GONNA PLANT 20 OF THEM HERE. NO, I'M, I'M, I'M UNDER TRYING TO UNDERSTAND THE L SHAPE. THIS RIGHT HERE. YEAH. HOW MANY IS THERE? THAT'S RELOCATED GREEN GIANTS. DO YOU HAVE AN APPROXIMATE NUMBER? I MEAN, DO YOU KNOW IF IT'S FIVE OR 15 ON THE RELOCATIONS? WHAT'S OUT THERE TODAY? I THINK THAT'S REALLY THE BOTTOM LINE QUESTION. YOU, IF YOU WERE GONNA SPEAK, JUST STATE YOUR NAME, WHERE HE COULD SPEAK. YEAH, IF YOU, IF YOU COULD, IF YOU COULD SPEAK TO THAT. SO, UH, MY NAME IS JARED LEVY, UH, THE APPLICANT AND, UH, WHAT I'M REFERRING TO IS THAT VERTICAL YELLOW LINE JUST TO THE LEFT OF THAT, WHERE THEIR DOTS ARE. THOSE DOTS. WELL, JUST TO THE LEFT, RIGHT THERE. OKAY. THOSE DOTS REPRESENT ABOUT THREE OR FOUR GREEN GIANTS THAT EXIST. OKAY. AND SO THAT, THOSE ARE THE ONLY GREEN GIANTS THAT COULD BE RELOCATED ON, ON THE PLAN. THE OTHER ONES HAVE ALREADY BEEN REALLY LOCATED TO REPRESENT THE TOP PORTION, THOSE SEVEN, THOSE THREE AND FOUR. OKAY. YEAH, NO, I UNDERSTAND. IS THAT, CAN YOU, AARON'S QUESTION FOR CAN YOU RELOCATE THIS MATURE GREEN GIANT OR YOU HAVE TO BE REMOVED AND, AND PLA NEW ONE, RIGHT? I DON'T KNOW. I MEAN, I'M NOT, THEY CAN BE OKAY. OKAY. BUT I WOULD, I WOULD SAY THIS AND LET ME SPEAK TO THE MIC. YEAH. SO YOU CAN, UM, TRANSPLANT, DO YOU KNOW ROUGHLY, ARE THEY 10 FEET TALL? 40 FEET TALL? I'M GONNA SAY THEY'RE 12. 12 TO 14 FEET. OKAY. SO THAT'S YOUR HONOR. SO THAT'S NOT, YOU KNOW, IT'S, I POSSIBLE IT'S, IT'S, IF THEY WERE LIKE THE 30 FOOT ONES WE HAVE IN THE PARKING LOT, A LOT TOUGHER THAN 12 TO 14 FOOT. WHAT THE BOARD CAN DO IF IT CHOOSES AS PART OF AND CONSIDERING CONDITIONS, THE BOARD COULD SAY IN CONNECTION SOMETHING ALONG THE LINES OF, IN CONNECTION WITH THE PROPOSED GREEN GIANT ARBORVITAES TO BE TRANSPLANTED TO PROVIDE SCREENING ALONG THAT CORNER. ANY WHICH FAIL TO SURVIVE TRANSPLANTING MUST BE REPLACED IN KNOW, IN PROPER THE TREAT BASED APPROPRIATE LOCATION THREE ORDINANCE TO THE SATISFACTION OF THE TOWN FORESTRY OFFICER. THAT'S ONE WAY THAT IT CAN BE HANDLED. UH, SIR, SIR, IF I COULD JUST INTERJECT, IT'S PAUL, JAN. CAN YOU HEAR ME? YES. YES. WE, WE HAVE A PROVISION FOR THAT. ON THE PLAN. THERE'S A MONITORING PROGRAM AND A GUARANTEE. SO BASICALLY THE PLANTS THAT WE EITHER TRANSPLANT OR THE NEW PLANTS THAT WE BRING IN AND INSTALL, WE'RE GONNA GUARANTEE THAT THEY'RE GOING TO BE MONITORED OVER A A THREE YEAR PERIOD. AND IF, IF THEY, EACH ANNUAL REPORT, IF THERE'S ANY FAILURE OF THE TREES, THEY'LL BE REPLACED IN KIND. THAT'S EXCELLENT. SO, AND SO AT THE END OF THE, THE MONITORING PROGRAM, UM, WE WOULD REPLACE SO THAT WE, ANYTHING THAT WAS, UH, A FALL SO THAT WE WOULD HAVE, YOU KNOW, BASICALLY A HUNDRED PERCENT, UH, SURVIVAL SIGN OFF. RIGHT. SO WE HAVE THAT BUILT INTO THE, ON THE FAR RIGHT OF THE, OF THE DRAWING IN FRONT OF YOU IS A MONITORING AND AND MAINTENANCE PROGRAM, IF YOU WILL, AND A GUARANTEE OF THE SORTS IN ADDITION TO A PROHIBITION ON THE USE OF, UH, HERBICIDES AND PESTICIDES ON THE PROPERTY OR IN WETLANDS OR A HUNDRED FEET FROM WETLANDS. AND IF YOU GO A HUNDRED FEET FROM WETLANDS, YOU'RE BASICALLY COVERING THE PROPERTY. GREAT. THAT, THAT'S VERY HELPFUL. 'CAUSE OFTENTIMES YOU DON'T SEE THAT ON TRANSPLANTS, UM, BUT YOU DO ON NEW PLANTING. SO THANK YOU FOR POINTING THAT OUT. THAT'S GOOD. CAN I JUST HAVE ONE QUESTION? HAVE YOU REACHED OUT TO THE BUILDING DEPARTMENT REGARDING THE CHANGES TO THE DRIVEWAY TO GET COMMENT? UM, WE HAVE NOT, WE WANTED TO GET THROUGH, THROUGH [01:15:01] THIS, UH, THROUGH THIS BOARD. OKAY. IT'S OKAY. DO WE HAVE ANY OTHER COMMENTS FROM THE BOARD? YEAH, I THINK THE LAST COMMENT IS THAT THE, THE TRIANGULAR AREA OUTSIDE OF YOUR PROPERTY LINE AND LAST TIME, I THINK WHEN WE ARE HERE, IT'S GONNA GET COORDINATED TO, BECAUSE IT'S NOT IN YOUR PROPERTY. SO WHOEVER OWNS THE PROPERTY TOO, I'LL SPEAK TO THAT. YEAH, I, I THINK IT JUST SAID YES. THANK YOU. SO, AND I HAVE MR. BRITTON UPSTAIRS WHO'S GONNA RECITE, BUT I HAPPEN TO KNOW THE OWNER OF THAT PROPERTY BECAUSE IT'S A DEVELOPER THAT HAS OTHER ACTIVE PROJECTS IN THE TOWN. AND SO I REACHED OUT TO MR. MUCCI WHO WAS IN THE AUDIENCE BRIEFLY THIS EVENING, BUT HE HAD TO LEAVE. UM, HE DID SUBMIT AN EMAIL AND MR. BRITTON CAN RECITE THAT. WE DID FORWARD THAT OUT TO THE APPLICANT. UM, SO THEY HAVE THAT. BUT MR. BRITTON SURE. THANK YOU AARON. OKAY. THANK YOU AARON. UH, SO THE EMAIL FROM MR. KUCHI READS, HI AARON, TO FOLLOW UP ON OUR CONVERSATION REGARDING THE PROPOSED TWO LOT SUBDIVISION ON EUCLID, WE ARE NOT OPPOSED TO ANY PLANTINGS, BUT AS YOU CAN SEE ON THE APPROVED SITE PLANS, WE HAVE AN APPROVED POOL LOCATION WITH A RETAINING WALL IN THAT IMMEDIATE AREA. MY ONLY CONCERN IS IF THOSE NEW PLANTINGS ARE INSTALLED, AND IF WE WERE TO BUILD A POOL, THE GRADING MAY AFFECT THE PLANTINGS AND WOULD NOT SURVIVE. WE DON'T WANT TO BE HELD RESPONSIBLE FOR REPLANTING THE AREA TO SATISFY THE TOWN. IN ADDITION, THOSE PLANS WILL BE PLANTED IN OUR LIMIT OF DISTURBANCE. AGAIN, ALL GOOD WITH US AS LONG AS WE ARE NOT GOING TO BE ASKED TO REMEDIATE OR REPLANT THE AREA IF DISTURBED. RIGHT. SO IN A NUTSHELL, MR. KUCHI, YOU KNOW, RECOGNIZES THAT, YOU KNOW, HE ASKED ME A QUESTION ON OUR PHONE CALL. HE SAID, WELL, WHY ARE THEY REPLANTING ON OUR PROPERTY? YOU KNOW, THAT WAS A QUESTION. YEAH. AND MY RESPONSE TO HIM WAS, WELL, THEY ENCROACHED ONTO YOUR PROPERTY. SO RATHER ONCE THEY REMOVE, UM, THE ENCROACHMENTS, YOU KNOW, THE THOUGHT PROCESS WAS REESTABLISH IT WITH SOME VEGETATION OTHER THAN JUST THROWING DOWN GRASS SEED. IT'S ALSO IN A WETLAND BUFFER. SO THERE WAS COORDINATION WITH THE CONSERVATION ADVISORY COUNCIL. THE APPLICANT WAS WILLING TO GO ABOVE AND BEYOND AND PUT IN THESE PLANS. SO I EXPLAINED THAT TO HIM. AND THEN AS YOU HEARD IN THE EMAIL, HE SAID, I'M FINE WITH IT. HOWEVER, ONE OF HIS LOTS, LOT SEVEN, AND HE DID SUBMIT, I THINK I FORWARDED THE EMAIL YOU DID WITH HIS PLAN, SHOWED THAT IN THE REAR OF HIS PROPERTY ON LOT SEVEN, UH, WHICH HAS NOT BEEN BUILT OUT, THERE'S A POOL AND SOME OF THE GRADING, THE POOL ISN'T GONNA BE RIGHT ALONG THE PROPERTY LINE. WE DON'T ALLOW FOR THAT. BUT THERE'S SOME GRADING, UM, THAT WOULD APPROACH AND POSSIBLY, POSSIBLY COME INTO CONFLICT WITH ONE OR MORE OF THESE PLANTS. AND HIS POINT WAS, IF IT WERE TO COME IN CONFLICT, THEY DON'T WANT TO THEN BE HELD RESPONSIBLE FOR REPLACING ANYTHING THAT THEY MAY HAVE TO REMOVE IN ORDER TO FINISH OFF AND TAPER OUT THEIR GRADING THAT I FORWARDED TO THE APPLICANT, BUT I HAD NOT GOTTEN A RESPONSE FROM THE APPLICANT. I THINK THEY WERE GONNA ADDRESS IT HERE TONIGHT. YEAH. SINCE THIS LOOKS LIKE, UH, CSCS, UH, COMMENTS THAT TRIGGERED THE WHAT IS WE SEE ON THE PLAN. SO I THINK IT'S A GOOD TO, UH, SEND THEM THIS. AND SO THEY DON'T, BECAUSE THEY'RE THE ONE WHO REALLY PROPOSED SOMETHING TO DO IT IN THAT. RIGHT. I MEAN, NEIGHBOR'S PROPERTY, WE, WE, WE WILL NOT, UH, I DON'T THINK WE HAD ANY THAT MUCH OF A CONCERN TO BEGIN WITH. IT CAME TO THE PLANNING BOARD THIS WAY. SO WHAT I WOULD SAY IS, LET'S HEAR FROM THE APPLICANT. OKAY. ON, I MEAN, THEY COULD SAY TONIGHT, HEY, WE'LL JUST SHIFT EVERYTHING ON OUR SIDE, WE SOMETHING ELSE. SO LET'S HEAR FROM THEM. IT'S GONNA BE SOME, IT'S GONNA BE SOMETHING ELSE. SO I, I FULLY AGREE. FIRST OF ALL WITH MR. MOOKIE'S CONCERN, I APPRECIATE HIS, HIS GIVING US THE, THE PERMISSION AND WE'RE WORKING COOPERATIVELY. I KNOW THERE'S A GOOD CONVERSATION BETWEEN MY CLIENTS AND MR. MUCCI. SO THAT'S, THAT'S GREAT TO SEE. WHAT I WOULD SUGGEST TO THE BOARD, FIRST OF ALL, I DON'T THINK WE COULD PUSH ANYTHING ONTO OUR PRO ONTO THE EXISTING LOT PROPERTY AFTER, IF AND AFTER THERE, THERE IS A PLAN THING. IT'S GONNA CHANGE THE, THE SCOPE, THE TOPOGRAPHY OF, OF OUR PROPERTY. I DON'T KNOW IF THAT'S, THAT'S WORKABLE. WHAT I WILL SUGGEST IS, IS THIS, WHICH IS, IS MAYBE SOMETHING PRACTICAL IF THERE IS A DEVELOPMENT ON THE REAR PROPERTY AND [01:20:01] THERE'S OBVIOUSLY IT'S GONNA GO THROUGH A SITE APPROVAL PROCESS THAT'S GONNA INCLUDE, YOU KNOW, POTENTIAL IMPACTS ON NEIGHBORS. I DON'T THINK THERE'S ANY ISSUES WE HAVE. YOU'RE, YOU'RE, I'M, I'M SHAKING MY HEAD ONLY BECAUSE THE SITE DEVELOPMENT FOR THAT LOT WAS ALREADY APPROVED. IT WOULD ONLY GO THROUGH A BUILDING PERMIT PROCESS. IT WOULD NOT UNDERSTOOD. BE A LAND USE BOARD PROCESS. I APPRECIATE THAT. SO I, I WASN'T FULLY AWARE. SO IF IT GOES THROUGH AND GETS BUILDING PERMIT APPROVAL, AND IF IT IMPACTS, I WOULD WONDER IF THE PLANTINGS THAT WERE BROUGHT HERE ARE REALLY NECESSARY. BECAUSE IF YOU REMEMBER THE, THE DISTURBANCE SO TO SPEAK, IS ON THE SOUTHWEST CORNER RIGHT AWAY FROM THIS AREA. AND IF THERE IS A DEVELOPMENT ON THE REAR PROPERTY, YOU KNOW, IS, IS THIS AREA STILL NE DOES IT STILL NEED THESE PLANTINGS? UM, AS AN, AS AN INITIAL MATTER, I'LL BE SUB BOLD AS TO SAY THIS BOARD SHOULD CONSIDER NOT REQUIRING THE APPLICANT TO DO THE PLANTINGS ON. OKAY. ON THE, ON THE ADJACENT PROPERTY. IT DOESN'T SOUND LIKE MR. MUCCI WILL WANT THAT. HE CERTAINLY GIVES THAT CONSENT, BUT IS NOT ASKING FOR IT. AND MOST OF THE LANDSCAPING THAT'S NECESSARY IS ON THE PROPOSED LOT. IF A, A PROJECT DEVELOPS THERE, THAT'S, THAT'S WHERE IT'S NECESSARY. IF, I'M SORRY IF, IF I'M READING THE PLANS THAT WE GOT THE FROM MR. THE GENTLEMAN. YEAH, YEAH. THERE'S THAT FOREVER GREEN EASEMENT THAT RUNS ALONG THE LENGTH OF THE TWO FOOT TWO PROPERTIES. YEAH, THE TWO FOOT. SO PART OF THE PLANTING HAS TO BE BECAUSE OF THE FOREVER GREEN THING, OR NO, I'M, I'M NOT SURE. I DON'T, I DON'T KNOW IF THAT'S TRUE. OH, I BELIEVE IT'S LOCATED WITHIN THAT. WHAT DOES FOREVER GREEN MEAN? IF IT'S NOT, IT'S NOT ADJACENT TO IT. IT'S, IT'S, IT'S A, IT'S SOMEWHAT PECULIAR TO ME THAT IT'S A TWO FOOT WIDE FOREVERGREEN. MM-HMM . WHAT DOES IT MEAN? EASEMENT? IT'S LIKE A BUFFER. IT'S LIKE A GREEN BUFFER. I MEAN, COULD WHAT DOES GREEN MEAN PLANTING OR SOIL UNDEVELOPED SOURCE OF LANGUAGE? WELL, I MEAN, I'M REALLY SURE WHY THEY CHOSE THAT LANGUAGE IN, IN, IN WANTS, I HAVEN'T SEEN THIS ONE SPECIFIC, BUT IN SOME INSTANCES MM-HMM . EVER, UM, FOREVERGREEN CAN MEAN NOT MANMADE, JUST NATURAL, VERY SMALL EXPERIENCE. BUT THAT'S WHAT IT MEANT FOR SOMETHING THAT I WAS DOING PERSONALLY. BUT, AND I DON'T KNOW, IS IT DEFINED MEANING DOES IT HAVE TO HAVE BUSHES? CAN IT BE GRASS? TYPICALLY GREEN WOULD MEAN PLANTINGS PLANTING. YEAH. GREEN IS PLANTING. THAT'S WHAT I'VE SEEN IS I'M, I'M SORRY, IS THE EASEMENT DOCUMENTED OR IT'S JUST ON THE SITE PLAN WITH NO DEFINITION OF IT. SO IT'S PART OF A DIFFERENT PROJECT. WE CAN TAKE A LOOK AT IT. UH, LOOK AT AS IT COME UP IN A LONG TIME. THIS PROJECT WAS APPROVED A LONG TIME AGO RIGHT BEFORE ME. SO, AND MY ONLY CONCERN IS THAT, UH, IF THIS WAS BEING APPROVED BY THE OTHER BOARD, CSC MM-HMM . THEN WE DO NOT HAVE A RIGHT TO KIND OF ARBITRARILY OVERRIDE, OVERRIDE THAT. RIGHT. THAT'S ONLY MY CONCERN. OTHERWISE, I THINK IT'S RIGHT. SO THAT, THAT WAS MY THOUGHT AS WELL THAT I WOULDN'T RECOMMEND TO THIS BOARD THAT IT OVERRIDE SOMETHING THAT HAD BEEN DISCUSSED BY THE CONSERVATION ADVISORY COUNCIL. THAT IF YOU WANTED TO PURSUE THAT ROUTE, THAT IT WOULD MAKE SENSE FOR YOU TO GO BACK TO THE CONSERVATION ADVISORY COUNCIL AND IF THEY WERE OKAY WITH IT, THEY WOULD UPDATE THEIR RECOMMENDATION. UM, IN TERMS OF TIMING THOUGH, 'CAUSE OBVIOUSLY YOU'RE MOVING FORWARD, YOU'RE PROBABLY, I MEAN, WE HAVE FOLKS IN THE AUDIENCE THAT MAY WISH TO SPEAK, SO WE WANNA MAKE SURE WE GIVE THEM AN OPPORTUNITY. UM, WE CAN DISCUSS WHAT THAT MIGHT INVOLVE. UM, POTENTIALLY, AND I'M NOT, IT'S UP TO THE BOARD, NOT ME, BUT BE SOMETHING, IF THIS ADVANCES TOWARDS, UM, CLOSURE OF THE PUBLIC HEARING, WE COULD FIND OUT FROM MR. BRITTON WHEN THE NEXT CAC MEETING IS. I JUST WANT YOU TO BE AWARE. I CAN GIVE YOU A TEN SECOND ANSWER. WE'LL, WE'LL STAY WITH THE PLAN THAT WAS ALREADY PASSED THROUGH PASTOR MUSTER. THAT'S, THAT'S FINE. UM, BUT THEN, THEN YOU UNDERSTAND THE EMAIL FROM THE NEIGHBOR THAT THEY, THEY WANTED TO HAVE, WE WOULD NOT SOME ASSURANCE THAT IT WOULD BE THEIR RESPONSIBILITY. WE WOULD AGREED. WE WOULD, WE WOULD NOT EXPECT THAT IF THE NEIGHBOR'S APPROVED PLANS CAUSE A DISTURBANCE THAT THE NEIGHBOR IS AT FAULT FOR THAT. UH, WE GET THAT. RIGHT. WE AGREE. HOWEVER, KAREN, I I HAVE ONE OTHER QUESTION ABOUT THE, UH, ENCROACHMENT, BUT IF YOU WANT TO FINISH THAT. YEAH. THE ONLY THING I WAS GOING TO SAY IS THAT IF WE HAVE THIS PLAN ON FILE AS BEING APPROVED AND YOU, AND FOR WHATEVER REASON WITH THE GRADING, THERE'S DAMAGE [01:25:01] TO ONE OR MORE OF THE PLANTS THAT ARE INSTALLED BY, BY YOUR CLIENT, UM, AND, AND YOU'RE NOT HOLDING MR. AMCI OR HIS CONTRACTOR RESPONSIBLE, THE TOWN COULD EASILY SAY, HEY, THERE'S NON-COMPLIANCE AND THEN WE'RE COMING BACK CORRECT. TO YOU OR YOUR SUCCESSORS. ABSOLUTELY. AND YOU'LL HAVE TO, YOU KNOW, WHETHER IT'S SHIFTING OR SLIGHT REPLANTING OR SOMETHING ABSOLUTELY. THAT COULD FALL BACK ONTO TO YOU AND THAT AND THAT, THAT PROTECTS ALL PARTIES. ABSOLUTELY. AND SO IS THAT INDEFINITELY? SO IT IT'S ATTACHED TO THE PROPERTY, IT'S ATTACHED YES, IT DOES. WITHOUT, WITHOUT TURN, WITHOUT EXPIRATION. CORRECT. YEP. SO YOU'RE OKAY WITH THAT? WE'RE OKAY WITH THAT. OKAY, MIRANDA, THAT'S OKAY. WE CAN APPROVE THIS CONDITION OR WE PUT IT INTO A WORD CONDITION PERMISSION. YOU CAN PUT IT IN A CONDITION. YEAH. ACCURATE. YEAH. OKAY. SORRY. IT CAN BE COME A CONDITION OF THE SUBDIVISION APPROVAL. I'M OKAY WITH IT. YEAH. GREAT. ALRIGHT. I'M SORRY, ANOTHER QUESTION. SO, SO THE OLDER PLANS TALK ABOUT THE FOREVERGREEN EASEMENT. THIS ONE'S JUST GOT THE WORD FOREVER ON IT. NOT THIS, NOT THESE, UM, THE PLANS WE'RE LOOKING AT NOW, BUT THE PLANS WE REVIEWED FOR THE LAST MEETING. SO WHAT'S THE QUESTION? I'M SORRY. SO SHOULDN'T THE PLANS REFLECT THAT THERE'S A FOREVERGREEN EASEMENT IF THE EASEMENT SPANS THE CLIENT'S PROPERTY? ARE YOU AWARE THAT THE FOREVERGREEN EASEMENT INC. YOU KNOW, NO, I DON'T THINK SO. EXTENDS ONTO YOUR PROPERTY? NO. OR YOU BELIEVE IT'S TWO FEET OFF? I DON'T BELIEVE IT'S ON, ON MY CLIENT'S PROPERTY, THEN THEY WOULD NOT, I MEAN, WE DID, WE DID A LAB SEARCH. WHAT ABOUT THE ENCROACHMENT AREA? RIGHT. SO IT SHOULD PROBABLY BE SHOWN IN THE ENCROACHMENT AREA. YES. IF IT'S THIS SOMETHING ON THE PLANS THAT SAYS FOREVER. SURE. FOREVER. WHAT IS MY QUESTION? AND WHEN I LOOK AT THE OLDER PLANS, IT LOOKS LIKE IT DOES ENCROACH. WE COULD, WE COULD MODEL, WE COULD REFER BACK TO THE EASEMENT ITSELF. I MEAN, IF IT'S A RECORDED DOCUMENT, WE CAN REFER TO IT. WHEN YOU SAY THE FORMER PLANS, DO YOU MEAN A I MEAN THE PLANS WE LOOKED AT LAST TIME IS WHAT THE WORD FOREVER IN THIS GREEN, BUT OH, OKAY. AND THEN, AND THEN THE PLANS THAT, THANK YOU FOR POINTING IT OUT. SUBMIT IT TODAY, SAY A FOREVER GREEN EASEMENT. THE ONES THAT WE GOT FROM THE TOWARDS SEASIDE PLANS HAVE AN ACTUAL RIGHT. SO THE, WHAT YOU'RE SAYING FOREVER, I THINK EASEMENT MS. MOYER SAYING IS THAT WE SEE THE FOREVER GREEN EASEMENT ON ALL, YOU KNOW, THE OTHER PLANS ASSOCIATED WITH YOUR PROJECT. RIGHT. IT DIDN'T TRANSLATE ONTO THIS LANDSCAPE MITIGATION. OH, OKAY. OKAY. IT'S FINE. WE CAN ADD IT AND ON IT AND, AND ON YOUR, I CAN'T REMEMBER WHAT THE SITE THING WAS. UM, CAN YOU TELL THEM WHAT SHEET YOU SEE THERE ON YEAH, I'M LOOKING AT IT. SA ONE SHEET. SA ONE. YOU'VE GOT THE WORD FOREVER. YEAH, YEAH, YEAH. HERE IT'S, YEAH. THANK YOU. THAT'S ON THE LANDSCAPING, UH, PLAN, UH, SHEET SA ONE. OH, OKAY. WHICH IS SLOPE ANALYSIS. OH, OKAY. THAT'S ON HUDSON'S. OKAY, THAT'S FINE. BUT IT DOESN'T TRANSLATE ONTO THE LANDSCAPE MITIGATION. WELL, WE'LL WE'LL PUT IT ON UNLESS IT'S JUST THE WAY I'M READING IT. YEAH, NO, THAT'S FINE. WE COULD DEFINITELY PUT IT ON, ACTUALLY IT LOOKS LIKE IT IS ON YOUR END. AARON, I HAD A, I HAD ONE QUESTION. YES. YEAH, I, I JUST WANTED TO CONFIRM SOMETHING THAT, THAT WAS SAID AT THE LAST MEETING. SO I KNOW PREVIOUSLY, UH, PART OF THE ENCROACHMENT WAS THAT WAS REMOVED. UM, HOW WAS THE HOT TUB POWERED? 'CAUSE I IMAGINE, YOU KNOW, IT, IT REQUIRED SOME ELECTRICAL AND HAS, HAS THE ELECTRICAL COMPONENTS, UH, PREVIOUSLY CONNECTED TO THE HOT TUB, HAS THAT ALSO BEEN REMOVED? THANK YOU FOR ASKING. I WOULDN'T WANT, I WOULDN'T WANT JUST IN, IN THE GROUND. UNDERSTOOD. THEY'RE DISCUSSING IT AND THEY'LL, THEY'LL RESPOND MOMENTARILY. SO IT WAS JUST, IT WAS JUST, IF THE QUESTION IS HOW WAS IT POWERED? IT WAS JUST PLUGGED IN. AND THE QUESTION IS, IS THE ELECTRICAL LINE STILL JUST BURIED IN THE GROUND OR WAS IT CUT OFF AT THE PROCESS? EVERYTHING'S CUT OFF AND REMOVED. GONE. WAS THE PERMIT OLD FOR THE ELECTRICAL WORK OR, UM, NO, I DON'T KNOW. I DON'T THINK IT WAS, I THINK WHEN THE CONTRACTOR WAS THERE, HE JUST, OKAY. YEAH, IT WAS ENCROACHMENT. WE HAD A, HAD A, OKAY. SO I MEAN, WE COULD ASK THE BUILDING INSPECTOR'S OFFICE TO CONFIRM WHETHER OR NOT, I, I GUESS THE QUESTION IS, WAS IT PLUGGED INTO, YOU KNOW, AN OUTLET OR SOMETHING IN YOUR GARAGE OR HOUSE AND [01:30:01] THEN THE LINE WAS RAN? OR WAS IT AN ACTUAL ELECTRICAL CONDUIT LINE THAT HAD A, LIKE A, AN OUTLET THAT WAS OFFSITE? WAS THERE A SEPARATE PALLET OFF SITE? IT WAS, IT WAS, IT WAS SOME SORT OF , SO IT WAS SEPARATELY CONNECTED INTO THE HOUSE, SO YOU COULD JUST DISCONNECT IT AND THEN TAKE IT OUT. OKAY. SO MR. PINE, IT SOUNDS LIKE THEY'RE SAYING THAT IT WAS DIRECTLY CONNECTED TO THE HOME, SO WE CAN ASK OUR BUILDING INSPECTOR'S OFFICE TO CONFIRM THAT IT WAS REMOVED APPROPRIATELY. THAT, THAT'D BE GREAT. THANK YOU. YOU'RE WELCOME. IF THERE'S NO FURTHER QUESTIONS FROM THE BOARD, UM, ARE THERE, DO WE YES. UM, WE'D LIKE TO HEAR FROM, FROM THE PUBLIC MEMBERS. I'M SORRY, ONE MORE. I'M, I'M REALLY SORRY. NO, IS FINE. . SO I THINK MY QUESTION EXTENDS BACK TO, IF YOU GO BACK AND LOOK AT THE FOREVERGREEN EASEMENT, UM, ON THE SITE PLANS, AND THEN IF I'M LOOKING AT THE PLANS, IT LOOKS LIKE YOU'VE BUILT BOULDER WALLS INTO IT OR IN FRONT OF IT, BEHIND IT. IF YOU GUYS COULD JUST CLARIFY WHERE THE EASEMENT IS VERSUS WHERE THE I'D I'D HAVE TO, I'D HAVE TO LOOK AT IT. YEAH, I DON'T, I DON'T, I'D HAVE TO GO BACK TO A LITTLE EARLY ONE. I'M NOT SURE I COULD FIND THAT, THAT QUICKLY. UM, BUT AGAIN, WE COULD, WE COULD REFERENCE THAT IN THE, IN THE PLAN AS PART OF A CONDITIONAL SITE PLAN APPROVAL. WE CERTAINLY CAN ADD ALL THAT LANGUAGE. YEAH, I WOULD THINK YOU WOULD NEED AN ELECTRICAL PERMIT FOR THAT, BUT, UM, WE DEFINITELY NEED TO CHECK WITH THE BUILDING. WE'LL CHECK WITH THE BUILDING DEPARTMENT. SURE. AND I HAVE A NOTE AS WELL. CAN WE HAVE A SHOW OF HANDS FROM MEMBERS OF THE PUBLIC THAT WISH TO SPEAK? JUST THE ONE. ALRIGHT. YOU MAY COME UP AND DO WE HAVE ANYONE ON ZOOM THAT WOULD WISH TO SPEAK? DOESN'T LOOK LIKE IT, BUT I ALWAYS LIKE TO ASK. OKAY. YOUR NAME AND ADDRESS FOR ? UH, MY NAME IS DAVID ROSENBAUM, RESIDENT AT 1 32 EUCLID AVENUE. AND WHERE IS THAT IN RELATION TO THE SUBJECT? DIRECTLY ADJACENT TO THE SUBJECT PROPERTY. THANK YOU. MAY I ASK WHAT, WHAT LOTS, I'M SORRY. JUST LOT NUMBER TWO. MAY I ASK THIS BOARD SOME QUICK QUESTIONS BEFORE I SHARE MY COMMENTS? AS A NON-REAL ESTATE PERSON, UH, THE BOARD APPROVED A SECRET DETERMINATION. COULD YOU TELL ME WHAT THAT IS? ? SURE. STATE ENVIRONMENT. SO A SECRET DETERMINATION OR THE SECRET DETERMINATION THAT WAS ADOPTED BY THIS BOARD IS A FINDING THAT THE PROJECT AS PROPOSED WILL NOT RESULT IN A SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACT. PERFECT. AND AS AN UNLISTED ACTION? AN UNLISTED ACTION ARE ACTIONS THAT ARE NOT SPECIFICALLY DEFINED BY NEW YORK STATE AS EITHER TYPE ONE ACTIONS OR TYPE TWO ACTIONS. EVERYTHING IN BETWEEN THAT IS NOT LISTED. MM-HMM . ARE CATEGORIZED AS UNLISTED ACTIONS AND RELATED TO THAT, A NEGATIVE DETERMINATION. SO THE NEGATIVE DEC DECLARATION THAT WAS ADOPTED BY THE BOARD ESSENTIALLY IS THAT SEEKER DETERMINATION WHERE THE, THIS PLANNING BOARD HAS FOUND THAT THE PROJECT AS PROPOSED, IT WILL NOT RESULT IN ANY SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACTS. SO IT'S TERMED A NEGATIVE DECLARATION OF SIGNIFICANCE. PERFECT. UM, ON NEW YORK STATE. THANK YOU. I APPRECIATE THAT. YOU'RE WELCOME. SO AGAIN, I'M DAVID ROSENBAUM. I'VE BEEN A RESIDENT OF THE TOWN OF GREENBURG FOR 46 YEARS. I'M NOT A NEWCOMER HERE. 17 YEARS WITHIN THE VILLAGE OF ARLEY. NOW 29 YEARS IN OUR CURRENT HOUSE IN UNINCORPORATED GREENBURG, UH, MY WIFE AND I ARE THE PROPERTY OWNERS OF 1 32 EUCLID AVENUE, WHICH IS LOT NUMBER TWO, UH, DIRECTLY ADJACENT TO THE SUBJECT PROPERTY. I'M SPEAKING AT AN OPPOSITION TO THE REQUEST FOR APPROVAL OF A SUBDIVISION OF LOT THREE ALTOGETHER, AND I'M SPEAKING AT AN OPPOSITION TO THE REQUEST TO REMOVE ANY TREES FROM LOT THREE. A LITTLE BIT OF HISTORY THAT THIS BOARD MAY NOT BE AWARE OF IN 1996 WERE THE ORIGINAL BUYERS OF OUR HOUSE ON LOT THREE FROM TOLL BROTHERS. WE ORIGINALLY CONTRACTED TO BUY THE HOUSE ON LOT THREE. AFTER THE CONTRACT WAS SIGNED, TOLL BROTHERS DETERMINED THEY COULD NOT BUILD THE HOUSE. THEY SOLD US ON LOT THREE BECAUSE OF THE PLANS CALLED FOR A WALKOUT BASEMENT, AND THE TERRAIN ON LOT THREE DID NOT ALLOW FOR A WALKOUT BASEMENT. SO THEY ACCOMMODATE US AMONG THE CONCESSIONS TO MOVE US TO LOT TWO WAS AN AGREEMENT BY TOLL BROTHERS AT THAT TIME. AND I'LL POINT OUT THAT LOT TWO IS A SMALLER LOT. IT'S 0.31 ACRES INSTEAD OF 0.53 ACRES. TOLL BROTHERS SAID THEY COULD NOT RENEGOTIATE THE PRICE OF THE SALE, BUT AMONG THE ACCOMMODATION [01:35:01] THEY WOULD MAKE FOR US AT THAT TIME IS THEY AGREED TO BUILD A HOUSE ON LOT THREE ON THE FAR EAST SIDE OF THAT LOT, OUR HOUSE ON LOT TWO ON THE FAR WEST SIDE OF OUR LOT. SO WE WOULD HAVE THE GREEN SPACE THAT WOULD EMULATE WHAT WE WOULD HAVE HAD IF WE HAD ACTUALLY BEEN BUILT ON LOT NUMBER THREE IN RE APPROVING THE REQUESTED SUBDIVISION AND PERMITTING THE CONSTRUCTION OF THE SECOND HOUSE, IT WILL DEPRIVE US OF A BENEFIT WHICH WAS GIVEN TO US WHEN WE ACCEPTED LOT TWO INSTEAD OF LOT THREE. CAN MAY I INTERRUPT YOU JUST FOR ONE MOMENT IF WE'RE LOOKING AT THE DRAWINGS UP HERE? YES. ARE YOU TO THIS SIDE OR THIS SIDE? TO THE LATTER SIDE TO THE LEFT SIDE AS YOU'RE LOOKING AT IT. SO YOU WOULD BE ADJACENT TO THE PROPOSED NEW HOME CORRECT. VERSUS THE EXISTING? CORRECT. THANK YOU. AND SO THE EXPECTATION WAS THAT THERE WAS GONNA BE GREEN SPACE BETWEEN THERE AND NOT A HOME. THERE WOULD BE GREEN SPACE BETWEEN THE CURRENT RESIDENCE ON LOT THREE MM-HMM . WHICH IS ON THE DRAWING RIGHT NOW. MM-HMM . AND OUR HOUSE TO THE LEFT OF THAT, WHICH IS LOT TWO, AND THIS WAS DOCUMENTED, WE HAVE RETAINED A TITLE COMPANY TO SEARCH THE TOLL BROTHERS SUBDIVISION, AS WELL AS THE TITLE PROPERTY DOCUMENTS ON LOT THREE TO DETERMINE WHETHER THIS HAS BEEN RECORDED IN THE PROPERTY RECORDS BY TOLL BROTHERS AT THE TIME. OKAY. THANK YOU. WE'RE WAITING FOR THE RESULTS TO COME BACK FROM THAT TITLE SEARCH RIGHT NOW. UH, JUDICIAL, UM, TITLE VEST HAS, IS DOING THE SEARCH RIGHT NOW. OKAY. AND BUT YOU HAVE A CONTRACT TO, TO THAT EFFECT, EVEN IF IT WASN'T REPORTED. WE HAVE THE, WE HAVE THE ORIGINAL CONTRACT SHOWING OUR PURCHASE OF LOT NUMBER THREE. WE HAVE MY CONTEMPORANEOUS NOTES AT THE TIME OF THE MOVE TO LOT TWO, BUT WE DON'T HAVE A CONTRACT REVISION. THE ACTUAL CLOSING DOCUMENTS, OUR TITLE IS ON LOT TWO. SO WE HAVE DEFINITELY THE DOCUMENTED PAPER TRAIL OF A CONTRACT ON LOT THREE AND A CLOSING ON LOT TWO. UNDERSTOOD. BUT THERE'S NO AGREEMENT BETWEEN YOU AND TOLL BROTHERS SPEAKING TO WHAT YOU SPOKE ABOUT EARLIER, THAT THEY WOULD, WE, WE, THAT WAS RECORDED WITHIN THE SUBDIVISION FOR TOLL BROTHERS OR WITHIN THE SUBDIVISION FOR LOT RECORDS ON LOT NUMBER THREE. RIGHT. WE'RE RESEARCHING THAT NOW. SORRY, I JUST WANT TO MAKE SURE THAT, SO ASIDE FROM WHETHER OR NOT IT WAS RECORDED, I, AND IT SOUNDS LIKE YOU'RE SAYING YOU'VE GOT AT LEAST AN ORAL AGREEMENT THAT THERE WAS THERE, THAT THE, THE, THE HOUSE ON LOT THREE WAS TO BE BUILT WHERE, WHERE IT IS. BUT I'M ASKING IF THERE'S A WRITTEN AGREEMENT THAT MAY NOT BE RECORDED, UM, TO THAT EFFECT. I'M STILL GOING THROUGH MY PAPERWORK FROM 1996. OKAY. YEAH. UM, AS A LAY PERSON, I WOULD SUGGEST WHERE THEY'RE NOT THAT AT LEAST VERBAL AGREEMENT, I WOULD BE SURPRISED WHY THE HOUSE ON LOT THREE WAS BUILT WHERE IT WAS ONE WOULD EXPECT TO BE BUILT MORE CENTRALLY ON THE LOT IT WAS BUILT WHERE IT WAS BASED, AT LEAST ON THE VERBAL AGREEMENT. I'M LOOKING TO SEE FOR, FOR DOCUMENTATION, WRITTEN AGREEMENTS RECORDED OR OTHERWISE REFLECTING WITH THE POSITIONING OF THE HOUSE. THANK YOU. ACCORDINGLY. APPROVING THE REQUESTED SUBDIVISION AND PERMITTING CONSTRUCTION OF A SECOND HOUSE ON LOT THREE WILL MATERIALLY REDUCE THE VALUE OF OUR HOUSE. OUR HOUSE IS THIS BUFFER SPACE BETWEEN US AND THE HOUSE ON LOT THREE. THAT BUFFER SPACE WOULD BE REMOVED IF A SECOND HOUSE IS BUILT ON LOT THREE. MY WIFE AND I WOULD EXPECT THE OWNERS OF OTHER HOMES IN THE DEVELOPMENT KNOWN AS ARLEY ESTATES, WHICH IS ALL OF SECTION EIGHT, UH, 3 8 0, BLOCK 2 7 0, WERE ATTRACTED TO THE HOUSES IN THE DEVELOPMENT. UH, BASED ON THE CHARACTERISTICS OF THE DEVELOPMENT, WHICH INCLUDED THE TREE LINE STREETS, THE SIZE AND DENSITY OF THE LOTS, THE UNIFORM CHARACTER OF THE HOUSES. UH, THE HOUSES ARE ALL DIFFERENT WITHIN THE DEVELOPMENT. AS YOU KNOW, THEY'RE NOT TOWNHOUSES, THEY'RE ALL IDENTICAL, BUT THEY ALL CAME FROM THE TOLL BROTHERS PALLETS. SO THERE'S A UNIFORMITY OF THE DEVELOPMENT, WHICH I THINK WE WERE ALL ATTRACTED TO, AND I'LL SPEAK MORE ABOUT THIS IN A MOMENT. THE APPLICANT'S SUBDIVISION PLAN APPLICATION FORM CONTAINS A MATERIAL MISSTATEMENT IN QUESTION 13. THE QUESTION IS, PLEASE LIST ALL THE CIVIC ASSOCIATIONS WITHIN 500 FEET OF THE PROPERTY, TO WHICH THEY RESPONDED. NONE. THAT IS AN INCORRECT STATEMENT. THE ARLEY ESTATES CIVIC ASSOCIATION, WHICH INCLUDES ALL THE HOMEOWNERS AND LEY ESTATES BLOCKS ALL LOTS. ONE THROUGH 36 WAS ESTABLISHED IN 1997, IS A MEMBER OF THE ASSOCIATION OF THE COUNCIL OF GREENBURG CIVIC ASSOCIATIONS. I DIDN'T KNOW THIS FOR THE FACT, BECAUSE I'M THE PRESIDENT OF THE LEY ESTATE CIVIC ASSOCIATION AND HAVE BEEN SINCE 1997. MY HOUSE ON LOT TWO IS WELL WITHIN THE 500 FOOT RADIUS SPECIFIED IN THE SUBDIVISION PLAN APPLICATION FORM. AND WE WERE NEVER NOTIFIED OF THIS. AND CLEARLY AN ANSWER THAT THERE IS NO CIVIC ASSOCIATION [01:40:01] IN 500 FEET IS AN INCORRECT STATEMENT ON THE APPLICATION FORM. TO THE BEST OF MY KNOWLEDGE, NEITHER I NOR ANY OF MY NEIGHBORS WERE CONTACTED OR RECEIVED NOTICE ABOUT ANY PLANNING BOARD WORK SESSIONS RELATED TO THIS PROJECT, NOR WERE I OR ANY OF MY NEIGHBOR'S CONTACT BY THE APPLICANT, BY THE APPLICANT'S ATTORNEY OR THE APPLICANT'S DEVELOPER PRIOR TO RECEIVING THE NOTICE OF TONIGHT'S PUBLIC HEARING LAST WEEK. WE'RE ACTUALLY SEEING THE SIGN ON THE APPLICANT'S FRONT LAWN WHEN MY WIFE AND I WENT FOR A WALK AROUND THE BLOCK A FEW DAYS AGO. AND I CAN SAY DEFINITIVELY THAT THE URGENCY OF STATE CIVIC ASSOCIATION WAS NOT CONTACTED NOR RECEIVED ANY NOTICE OF WORK SESSIONS DURING ANY DISCUSSIONS WITH THE APPLICANT, THE ATTORNEY OR THE APPLICANT'S DEVELOPER PRIOR TO RECEIVING LAST WEEK'S NOTICE OF THIS TONIGHT'S HEARING. I CANNOT SPEAK FOR THE LEY ESTATE CIVIC ASSOCIATION WITHOUT FIRST CONVENING A SPECIAL MEETING OF THE ASSOCIATION, BUT I WOULD EXPECT OTHER MEMBERS OF THE ASSOCIATION WOULD OBJECT TO THIS APPLICATION, WHICH WOULD ESTABLISH A PRECEDENT FOR SUBDIVISION OF ORIGINAL LOTS. TO THE BEST OF MY KNOWLEDGE, NONE OF THE ORIGINAL 36 LOTS HAVE EVER BEEN SUBDIVIDED. DOING SO WOULD CHANGE THE CHARACTER OF THE DEVELOPMENT, CHANGED THE DENSITY OF THE DEVELOPMENT CHANGE, THE UNIFORM CHARACTER OF THE HOUSES IN THE DEVELOPMENT. AGAIN, EACH OF WHICH WAS BUILT FROM THE TOLL BROTHERS PALLET. THE UNIFORMITY OF THE ARLEY ESTATES DEVELOPMENT, UNLIKE THE HODGEPODGE OF HOUSES AND OTHER PARTS OF THE AREA, WAS IMPORTANT TO OUR DECISION IN WHAT TO SPEND TO COST OF WHAT IT COST TO BUY A HOUSE IN THE DEVELOPMENT, I WOULD EXPECT CONTINUE, UH, CONTRIBUTES TO OUR SATISFACTION LIVING THERE. AND I WOULD EXPECT THAT LARGELY ESTATES OTHER MEMBERS OF THE CIVIC ASSOCIATION WOULD HAVE SIMILAR OPINIONS. SIMILARLY, I EXPECT THAT OTHER MEMBERS OF THE ASSOCIATION WOULD OBJECT TO THE APPLICATION TO REMOVE ANY TREES THAT LINE THE STREETS OF EUCLID AVENUE AGAIN, BECAUSE THEY CONTRIBUTE TO THE CHARACTER AND UNIFORMITY OF THE DEVELOPMENT. BASED ON THE INFORMATION CONTAINED TO THE APPLICANT'S ATTORNEY'S COVER LETTER OF JANUARY 24TH, THE 25, AND THE REVISED PLANS, THE CURRENT OWNERS OF 1 34 EUCLID AVENUE, LOT THREE APPEAR TO HAVE IGNORED OR KNOWINGLY VIOLATED ZONING LAWS WITH CONSTRUCTION OF A PATIO THAT VIOLATES REAR BOUNDARY SETBACK REQUIREMENTS. A BASKETBALL COURT THAT VIOLATES REAR BOUNDARY SETBACK REQUIREMENTS AND A HOT TUB THAT VIOLATES REAR BOUNDARY SETBACK REQUIREMENTS AS WE DISCUSSED THIS EVENING, POSSIBLY VIOLATING ELECTRICAL CODE AS WELL, NOT INCLUDING THE DOCUMENTS THAT APPEAR IN THE PLANNING BOARD'S WEBSITE IS A STRUCTURE THAT THE OWNERS OR THEIR CHILDREN OR FRIENDS ERECTED AND FREQUENTED ON A PROPERTY NOW FORMALLY OWNED BY L-M-S-R-E-L-L-C. THAT'S LOT SEVEN ON COUNTY CLERK MAP 2 8 7 0 6. AS INDICATED IN THE APPLICANT'S ATTORNEY'S COVER LETTER JANUARY 24TH, THE APPLICANTS ARE ONLY NOW CORRECTING ALL THESE VIOLATIONS, FOLLOWING COMMENTS FROM TOWN STAFF AND PREPARATION TO APPLY FOR THE SUBDIVISION. THE QUOTE, SIGNIFICANT IMPROVEMENTS TO CORRECT VIOLATIONS AS REFERENCED IN THE ATTORNEY'S COVER LETTER, ARE IRRELEVANT TO THE OBJECTIONS AND CONCERNS BEING RAISED. THE FACT THAT THEY HAVE TO SPEND MONEY TO FIX STUFF DOESN'T IN MY MIND AS A NEIGHBOR ENTITLE THEM TO APPLY FOR A SUBDIVISION JUST BECAUSE THEY CLEAN STUFF UP. AND THE APPLICANTS ARE NOW ASKING THIS PLANNING BOARD WHOSE ZONING LAWS THEY VIOLATED KNOWINGLY OR UNKNOWINGLY TO APPROVE THIS REQUEST FOR A SUBDIVISION WITHOUT ACKNOWLEDGING THE EXISTENCE WHILE SOLICITING COMMENTS FROM THE LOCAL CIVIC ASSOCIATION. SORRY, MY PAGE HAS GOT OUT OF ORDER. I APOLOGIZE. UM, JUST A QUICK QUESTION. IT IS, LEY ESTATES AN HOA, DO THEY HAVE AN HOA ALSO? I BELIEVE THERE IS. UH, UH, NO, IT DOES NOT. I DON'T BELIEVE IT'S AN HOA. OKAY. AGAIN, I APOLOGIZE. TAKE YOUR TIME. TOO MUCH PAPER. I WORK WITH COMPUTERS. COMPUTER IS SUPPOSED TO REPLACE PAPER. CLEARLY. YOU DO NOT. TAKE YOUR TIME. TAKE YOUR TIME. WE, WE ARE PATIENT. SO IN CONCLUSION, I RESPECTFULLY URGE THIS PLANNING BOARD TO DENY THIS APPLICATION FOR THE SUBDIVISION FOR REMOVAL OF TREES. ABSENT AND IMMEDIATE DENIAL OF THE APPLICATION. I RESPECTFULLY ASKED THE PLANNING BOARD TO DELAY A DECISION ON THESE APPLICATIONS. AS I SAID, WE'VE ENGAGED A TITLE COMPANY TO CONDUCT A SEARCH OF PROPERTY RECORDS TO DETERMINE IF ANY RESTRICTED COVENANTS WERE RECORDED. I'M CONTINUING TO REVIEW THROUGH MY WRITTEN RECORDS FROM THE 1996 TO SEE WHAT MAY HAVE BEEN RECORDED CONTEMPORANEOUSLY, UH, TO RECORD THE AGREEMENT WITH TOLL BROTHERS. WE'RE ALSO SEEKING LEGAL COUNSEL TO ASSIST US IN OUR OPPOSITION. I WILL SAY WE'RE HAVING TROUBLE FINDING APPROPRIATE LEGAL COUNSEL. EVERY REFERRAL WE GET IS TO THE APPLICANT'S ATTORNEY, WHICH WILL [01:45:01] OF COURSE BE A CONFLICT FOR THEM. SO THERE'S BEEN A CHALLENGE FOR US. UH, AND AGAIN, THE LARGELY ESTATE CIVIC ASSOCIATION WOULD NEED TO CONVENE A SPECIAL MEETING TO DISCUSS AND COMMENT ON THIS APPLICATION. WE'VE BEEN IN TOUCH WITH THE COUNCIL OF GREENBERG CIVIC ASSOCIATIONS WHO ARE SHARING OUR CONCERNS ABOUT THE LACK OF COMMUNICATION. OKAY. THANK YOU. THANK YOU. THANK YOU. I HAVE COPIES OF THIS FOR THE BOARD MEMBERS. UH, ANYONE ELSE? OKAY, GIVEN THE COMMENTS, IS THERE ANYONE ELSE THAT WISHES TO MAKE A STATEMENT FROM THE PUBLIC OR NO, THAT'S OKAY. OKAY. THANK YOU. I JUST WANTED TO DOUBLE CHECK. . THANK YOU. THANK YOU. ALL RIGHT. UM, THANK YOU. WE'LL GIVE THE APPLICANT AN OPPORTUNITY TO RESPOND. THANK YOU. UM, I WAS, I WAS, FORGIVE ME, I DIDN'T, I DIDN'T, I GOT ALL OF THAT. I WAS TRYING TO FIND THE ACTUAL OFFICIAL ADDRESS, UH, AND FORMATION OF THE LEY CIVIC ASSOCIATION. UM, I, I HAPPEN TO LIVE IN LEY. I DON'T RECALL EVER HEARING OF IT. THAT DOESN'T MEAN IT DOESN'T EXIST. I JUST DON'T KNOW OF IT. I DON'T KNOW THE, THE ADDRESS OF IT. I DO KNOW THAT THE FIVE, THE, THE REQUISITE MAILINGS WERE MADE BEFORE THIS PUBLIC HEARING AND THE SIGN WAS PUT UP, UM, TIMELINE, I THINK IT WAS ON MAY 2ND, THAT THE MAILINGS AND THE, AND THE, UM, SIGNAGE WAS MADE. LET, LEMME TRY TO GET TO THE SUBSTANCE OF IT. SO THERE'S NOTHING IN THE DEED THAT I SAW. UH, AND WE DO A LOT OF TITLE WORK ALSO IN THE CHAIN OF TITLE TO THE LEVY PROPERTY THAT CONTAINS A RESTRICTION. UH, THERE'S NOTHING THAT CONTAINS A PROHIBITION ON DEVELOPMENT IF THERE WAS AN AGREEMENT DECADES AGO. IT'S NOT IN THE PUBLIC RECORD AS FAR AS I CAN TELL. UM, MOREOVER, IF THERE'S A CLAIM TO REAL PROPERTY, AN ORAL AGREEMENT IS IRRELEVANT UNDER THE STATUTE OF FRAUDS FOR THE OBVIOUS REASON THAT SUBSEQUENT BUYERS NEED TO KNOW ABOUT THAT. SO THERE'S NOTHING, THERE'S NOTHING THERE. UM, I CAN'T SPEAK TO WHY THIS HOUSE WAS CONSTRUCTED ON THE EASTERLY SIDE. MAYBE THE BUYER AT THAT TIME WANTED IT THAT WAY. I HAVE NO IDEA. IT DOESN'T, IT, IT, IT'S ALMOST, IT'S ALMOST IRRELEVANT. WHAT I CAN TELL YOU IS THAT THIS PROPERTY SEEMS TO BE OUT OF CHARACTER AND UNORTHODOX TO THE REST OF THE NEIGHBORHOOD. IN FACT, I THINK, I THINK IT WAS MENTIONED THAT IT'S UNUSUAL THAT THERE'S THIS GAP, THIS, THIS LAWN. WHAT IS NOT UNUSUAL IS TO HAVE A RESIDENTIAL SUBDIVISION. IT'S NOT UNUSUAL TO HAVE A TWO LOT SUBDIVISION, A THREE LOT, A FOUR LOT SUBDIVISION. THIS, IF I COULD USE THE WORD LOOSELY, IS A SIMPLE TWO LOT SUBDIVISION. UM, IT'S NOT UNUSUAL TO HAVE HOUSES THAT ARE NEAR OTHER HOUSES, OBVIOUSLY. AND JUST TO BE CLEAR, THE FOOTPRINT OF THIS PROPOSED BUILDING, IF IT IS EVER ACTUALLY ACTUALLY PROCEEDS, MEETS ZONING REQUIREMENTS, INCLUDING SETBACKS. SO THERE'S NOTHING UNUSUAL ABOUT HAVING A HOUSE OUTSIDE THE SETBACKS. UM, SO NOTHING IN THE RECORD, NOTHING UNUSUAL IN TERMS OF THIS SUBDIVISION OR IF, UH, OR A LATER PROPOSAL WITH RESPECT TO THE ENCROACHMENTS. AND WE DIDN'T, WE NEVER SHIED AWAY FROM THE ENCROACHMENTS. THOSE ARE REMOVED AHEAD OF WHATEVER THIS BOARD DOES. THOSE WOULD HAVE TO HAVE BEEN DONE AND THOSE ARE DONE. BUT IF THOSE ENCROACHMENTS DIDN'T EXIST, WE'D STILL HAVE A SUBDIVISION, A MUTUALLY EXCLUSIVE. WE STILL WOULD BE BEFORE YOU ASKING FOR A TWO LOT SUBDIVISION, WE WOULD STILL HAVE THE LANDSCAPING PLAN. WE WOULD STILL HAVE ALL OF THAT. SO NOTHING REALLY HAS CHANGED. I APPRECIATE WHAT I HEARD. I APPRECIATE THE CONCERNS. BUT THE APPLICANT UNDER LAW HAS A RIGHT TO SUBDIVIDE AND THEY HAVE PROVIDED A RATHER EXTENSIVE AND THOROUGH LANDSCAPING PLAN. UM, AND WE'D LIKE TO PROCEED ON IT. UM, IT'S BEEN A, IT'S BEEN A LONG WHILE, RELATIVELY SPEAKING. UM, AND WE'D LIKE TO PROCEED ON IT. OKAY. OKAY. GO AHEAD, STAFF. YEAH, YOU AN I HAVE A QUESTION, STAFF. HOLD ON ONE SECOND. SURE. GO AHEAD. THANK YOU. UM, QUESTION FOR YOU, ARE YOU ABLE TO FOLLOW UP WITH THE BUILDING INSPECTOR'S OFFICE TOMORROW? YES, SURE. RELATED TO, OKAY. ABSOLUTELY. AND CAN YOU IN WRITING PROVIDE A RESPONSE TO MY OFFICE? YES, THANK YOU. I THEN HAVE A QUESTION FOR THAT GENTLEMAN SO I CAN OKAY. UM, I DO, I HAVE A QUESTION FOR YOU REGARDING THE MAILINGS. YOU SAID THE MAILINGS WENT OUT AND I JUST WANTED TO, THIS IS THE FIRST, UM, PUBLIC HEARING. SO THIS HAS BEEN ON THE AGENDA, MEANING THE, THE APPLICATION CAME THROUGH, WE LOOKED AT THE APPLICATIONS, BUT THIS IS THE FIRST PUBLIC HEARING FOR IT. THE, THERE ARE OPPORTUNITIES TO ATTEND PLANNING BOARD MEETINGS WHEN AN APPLICANT IS UP. BUT IN TERMS OF THE PUBLIC BEING ABLE TO SPEAK THAT THIS [01:50:01] IS THE OP THAT OPPORTUNITY, UM, REGARDING THE ODDSLY CIVIC ASSOCIATION, YOU SAID YOU HAVE LETTERS FROM THEM THAT YOU'D LIKE TO SUBMIT? NO. OKAY. WE, WE NOT HAD A I'M SORRY. I SHOULDN'T BE CROSSTALK. I'M SORRY. THE ANSWER WAS NO. OKAY. AARON, I HAVE ONE, ONE QUICK. UM, SO IN TERMS OF THE APPLICATION AND THE SUGGESTION THAT, UM, THERE WERE NO CIVIC ASSOCIATIONS, SO ACTUALLY JUST PULLED UP THE, THE TOWN'S GIS MAP. UM, AND ONE OF THE, YOU CAN LAYER CIVIC ASSOCIATIONS AND IT LOOKS LIKE THERE'S ACTUALLY TWO CIVIC ASSOCIATIONS. CREST PARK LEY ASSOCIATION AND THE WIDENING ROME WIDENING ROAD FARM, UH, ASSOCIATION. WHEN AN APPLICATION IS REVIEWED BY TOWN STAFF IS, IS OUR CIVIC ASSOCIATION'S, UH, EXISTENCE CROSSCHECKED OR IS THERE A, A A A WAY IN WHICH APPLICANTS ARE NO, ARE INFORMED THAT THERE ARE CIVIC ASSOCIATIONS WHEN THEY SUGGEST THERE AREN'T TYPICALLY. YES. SO MORE OFTEN THAN NOT, UH, OUR OFFICE WOULD BE LOOKING AT THE COMPREHENSIVE PLAN, WHICH HAS A LIST OF ALL AND A MAP OF THE CIVIC ASSOCIATIONS. UM, I, I HAVE THAT MAP ON MY DESKTOP. SO WE WOULD, THAT WOULD, WOULD BE WHAT WE TYPICALLY DO. AND THEN IF WE IDENTIFY THAT THERE'S, UH, INCONSISTENT INFORMATION FROM WHAT WE HAVE ON FILE VERSUS WHAT AN APPLICANT HAS SUBMITTED, WE WOULD REQUIRE THAT THE APPLICANT UPDATE ITS APPLICATION. SO IN THIS CASE, UH, IT WAS BROUGHT UP BY, YOU KNOW, A MEMBER OF THE PUBLIC AND THE APPLICANT'S MATERIALS WILL NEED TO BE UPDATED APPROPRIATELY TO REFLECT. OKAY. AND DOES THE TOWN MAINTAIN A, A CONTACT LIST OF CIVIC ASSOCIATION LEADERS OR HOW, HOW, HOW IS THAT SORT OF IMPLEMENTED? HISTORICALLY, THAT'S, UH, THAT IS HELD THROUGH THE TOWN CLERK'S OFFICE. SO I CAN CHECK IN WITH THE TOWN CLERK TO SEE THE LATEST UPDATE. THAT'D BE GREAT. THANK YOU. YOU'RE WELCOME. YEAH. UH, MAY I, UH, MY QUESTION IS THAT, UH, WHAT, UH, YOU'RE SAYING IS THAT YOU DID NOT RECEIVE ANY, UH, NOTIFICATION FOR THIS APPLICATION PRIOR TO, TO LIKE FEW DAYS AGO WHEN YOU SAW THE SIGN. SO IS IT JUST YOU OR OTHER NEIGHBORS AROUND IT? I'M SORRY. HE HAS TO COME TO THE, TO TO, TO THE BEST OF MY KNOWLEDGE, IT HAVE COME TO THE MIC. I RECEIVED THE NOTICE OF TONIGHT'S HEARING A FEW DAYS AGO. TO THE BEST OF MY KNOWLEDGE, NONE OF OUR NEIGHBORS RECEIVED IT ANY TIME PRIOR TO THAT. SO OF MAY, MAY 2ND MAILING WOULD SUGGEST THE POST OFFICE OF THREE WEEKS TO GET IT TO US. RIGHT. SO THE, THERE WOULDN'T HAVE BEEN ANY NOTICE OTHER THAN THE PUBLIC HEARING NOTICE AND THE SIGN IN THE FRONT YARD. MM-HMM . WOULD, DID. CAN YOU TELL US WHEN YOU OBSERVED THE SIGN IN THE YARD? BECAUSE WE DID GET, UH, AN EMAIL. WE REQUIRE THE APPLICANT TO POST IT, TAKE A PHOTO AND EMAIL IT TO US, ROUGHLY SPEAKING. I NOTICED IT ABOUT A WEEK AGO WHEN WE WERE OUT FOR A WALK. OKAY. THANK YOU. UH, IN TERMS OF LISTINGS OF CIVIC ASSOCIATIONS, WE ARE MEMBERS OF THE COUNCIL OF GREENBERG CIVIC ASSOCIATIONS. THEY MAINTAIN A ROSTER OF CIVIC ASSOCIATION. WE ARE ON THAT ROSTER. WE GET THEIR MEETINGS, WE'RE IN TOUCH WITH THEM REGULARLY. THEY HAVE MY CONTACT INFORMATION AND THE ADDRESS OF THE CIVIC ASSOCIATION, WHICH IS 1 32 EUCLID AVENUE, WHICH IS A LOT TWO, WHICH IS OUR PROPERTY. THANK YOU. WE, WE DON'T HAVE LETTERS FROM OTHER MEMBERS OF THE CIVIC ASSOCIATION BECAUSE WE NEED TO SCHEDULE A SPECIAL MEETING OF THE CIVICS ASSOCIATION ACCORDING TO OUR BYLAWS IN ORDER TO DISCUSS THE MATTER. AND WHEN AND WHEN, HOW SOON WOULD THAT TAKE PLACE? WE'VE NOT ATTEMPTED THAT. WE, WE HAVE MINIMUM REQUIREMENTS IN OUR BYLAWS, BUT NO GUIDELINES ABOUT HOW QUICKLY IT, IT HAS TO BE ACCOMPLISHED. SO WE DON'T HAVE A DEADLINE THAT IT MUST BE HELD WITHIN X NUMBER OF DAYS. IS THERE A CERTAIN AMOUNT OF MEMBERS THAT MUST ATTEND TO MAKE THE MEETING OFFICIAL? THERE'S A QUORUM THAT'S REQUIRED ACCORDING TO BYLAWS. YES. DO YOU BELIEVE THAT'S SOMETHING THAT COULD TAKE PLACE WITHIN THE NEXT WEEK TO 10 DAYS OR THAT'S UNLIKELY? UNLIKELY BASED ON THE SUMMERTIME VACATION ABILITY TO SCHEDULE, I CAN'T, I CAN'T ANSWER YET WITHOUT STARTING THE PROCESS OF FIGURING OUT HOW LONG IT WOULD TAKE TO SCHEDULE A SPECIAL MEETING. IS THERE ANY REASON WHY PACIFIC ASSOCIATION STEPS WEREN'T, HAD REGULAR MEETINGS SCHEDULED OTHERWISE? SAY THAT AGAIN? DOES IT, DOES IT, DOES THE PACIFIC ASSOCIATION HAVE REGULAR MEETINGS OTHERWISE THAT A SPECIAL MEETING WOULDN'T BE NECESSARY? OR ARE THERE REGULAR MEETINGS? UH, REGULAR MEETINGS AND MOST OCCUR ONCE A YEAR? [01:55:01] UH, I, I WAS POINTED OUT THAT IN TERMS OF, UH, PAUL FINER USED TO ATTEND OUR MEETINGS ON A REGULAR BASIS. UH, THAT'S NOT BEEN THE CASE RECENTLY, BUT WE'VE BEEN AROUND SINCE 97. IS THERE ANY REASON WHY A SPECIAL MEETING HASN'T BEEN SOUGHT LEADING UP TO TONIGHT'S MEETING? WE JUST FOUND OUT ABOUT THIS A COUPLE OF DAYS AGO. I'M SORRY. YOU JUST FOUND OUT ABOUT THE SUBDIVISION? ABOUT THE WHOLE DEVELOPMENT PLAN OF THE SUBDIVISION REQUESTS WITHIN THE LAST COUPLE OF DAYS. OKAY. OKAY. UM, AND WITH, WELL, AND THEY MAY HAVE FOUND OUT SOONER IF THERE WASN'T A MISREPRESENTATION ON THE APPLICATION, RIGHT? UH, I'M NOT SURE. UH, BUT I THINK MY CONCERN, UH, IS THE TITLE SEARCH. MM-HMM . AND THE PROCESS. AND HOW LONG, YOU SAID YOU DON'T HAVE AN ATTORNEY, A TITLE ATTORNEY? THAT'S CORRECT. WE DO NOT HAVE A LAND USE OR TITLE ATTORNEY. WE'VE ENGAGED A TITLE SEARCH COMPANY, A TITLE COMPANY TO DO THE SEARCH. AND HAVE THEY GIVEN YOU AN APPROXIMATE TURNAROUND TIME? THEY EXPECT TO HAVE AN ANSWER SHORTLY, BUT COULDN'T COMMIT MORE THAN THAT. THEY'RE GOING THROUGH 40 YEARS WORTH OF RECORDS. UM, I HAVE A QUESTION TO THE APPLICANT. HAVE YOU, THANK YOU. HAVE YOU APPROACHED ANY OF THE NEIGHBORS, UH, WHILE OR BEFORE YOU SUBMITTED YOUR APPLICATION FOR SUBDIVISION? NO. I, I, WELL, I, FIRST OF ALL, I'M, I'M GOING TO PRESUME CORRECTLY, I HOPE THAT MY CLIENTS HAVE GOOD RELATIONSHIPS WITH THEIR, WITH THEIR NEIGHBORS. UH, IT DOESN'T LOOK LIKE THOUGH WELL, 1, 1 1, 1 NEIGHBOR, ONE NEIGHBOR IS HERE. AS I SAID, I LIVE IN ARLEY. I KNOW OTHER PEOPLE IN THE, IF I MAY, I KNOW OTHER PEOPLE THAT LIVE IN THE NEIGHBORHOOD AND, AND I KNOW THEY ARE SUPPORTIVE. UM, BUT AS YOU PROBABLY KNOW, SUPPORTIVE PEOPLE USUALLY DON'T COME TO THESE MEETINGS. UM, LOOK, NO, WE TO, TO DIRECTLY ANSWER. WE, WE DID NOT GO OUT AND AFFIRMATIVELY REACH OUT TO NEIGHBORS. THAT'S WHAT THE MAILINGS AND THAT'S WHAT THE POSTING IS FOR. IT WAS PUT UP ON THE, THE, THE, THE SIGN WAS PUT UP ON MAY 2ND. MAY. BUT SIR, SIR, I WANTED TO STOP YOU. GENERALLY WHEN WE COME HERE, WE DO NOT WANT IT TO HAVE THIS KIND OF, UH, DISPUTE AND, AND DISAGREEMENTS BETWEEN THE NEIGHBOR BECAUSE IT, IT'S FOR YOUR BENEFIT. IF YOU HAVE DONE THESE THINGS BEFORE, WE WOULD'VE APPROVED YOUR PROJECT TODAY. OKAY. UM, . SO, SO PLEASE, PLEASE DO NOT, UH, LET ME FINISH. SO PLEASE, UH, I'M, I REQUEST YEAH, SURE, GO AHEAD. WE CAN'T MAKE ASSUMPTIONS. ONE PERSON SAID ONE THING, ONE PERSON SAID ANOTHER THING. SO I DON'T WANT US TO START MAKING ASSUMPTIONS REGARDING WHAT'S NECESSARILY A FACT. WELL, UNLESS WE HAVE IT IN FRONT OF US. I DON'T SAY WAS AN ASSUMPTION. I THINK IT'S RESPONDING TO THE RESPONSE THAT THE APPLICANT, LESLIE, I I WANTED TO REQUEST IF THERE IS OTHER NEIGHBORS TO COME UP AND, AND SAY THAT. THANK YOU. CAN, CAN I JUST, CAN I JUST SORT OF JUST FINISH MY THOUGHT ON ONE THING AND PUTTING ASIDE THE MAILING AND THE NOTICE THAT THE PROCESS WAS FOLLOWED AS THE LAW REQUIRES IT? I DON'T KNOW IF ABDULLAH AZIZ IS, IS ON THE LINE AND I'M PUTTING HIM ON THE SPOT. IF HE IS, NO, HE IS NOT ON. IT DOESN'T APPEAR. OKAY. I'M HERE. I'M SORRY. I DIDN'T SEE YOU. SO ABDO, I DON'T KNOW IF, IF IF YOU OR, OR HOW THE, THE APPLICATION WAS FORMULATED. I KNOW WE DID IT JOINTLY WITH OUR OFFICE. AND YOUR OFFICE, I BELIEVE ASKED HER THAT QUESTION OF FI CIVIC ASSOCIATIONS WITHIN 500 FEET. CAN CAN YOU MAYBE SPEAK TO HOW THAT ANSWER WAS ARRIVED AT, IF, YOU KNOW, I DUNNO IF YOU WERE INVOLVED IN THAT. I MEAN, WHEN WE DID THE APPLICATION, IT WAS, IT MUST HAVE BEEN SOMETHING WE MISSED. AND AS ONE OF THE MEMBERS OF THE BOARD MENTIONED, UH, MR. PINE, UM, THE TWO CIVIC, UH, ASSOCIATIONS WE MISSED, UM, ARE NOT THE SAME AS THE ONE, UH, THE NEIGHBOR IS CLAIMING. SO EVEN THOUGH WE DID MISS IT, HE WOULDN'T HAVE GOTTEN NOTIFIED REGARDING THAT AS WELL. BUT THAT IS SOMETHING WE COULD UPDATE, UM, GOING FORWARD BECAUSE, YOU KNOW, IT'S SOMETHING THAT HAS TO BE REFERENCED CORRECTLY. RIGHT. BUT THEY WOULD'VE RECEIVED NOTICE IF THEY'RE WITHIN THE REQUIRED FOOTAGE OF THEY WOULD'VE, WOULD RECEIVE THE 500 FOOT NOTICE ANYWAY. AND SO MY QUESTION TO THAT IS, DO YOU HAVE THE CERTIFIED RETURN RECEIPTS AND THEY WOULD RECEIVE THE NOTICE EITHER WAY, RIGHT. THE NOTICE WOULD'VE BEEN RECEIVED ANYWAY TO ANYONE WITHIN 500 FEET. NOT NOT AT SPECIFIC ASSOCIATION, BUT THEY WOULD'VE RECEIVED THE, THE NOTICE AS NEIGHBORS. RIGHT, EXACTLY. SO I GUESS MY QUESTION IS, DO YOU HAVE THE GREEN CARDS FOR, DID YOU MAIL THOSE OUT WITH THE NOTICES? WELL, I CERTAINLY, WE CERTAINLY MAILED THEM OUT. I DON'T HAVE THE GREEN CARDS WITH ME. OKAY. UM, MAY I, WE DID NOT RECEIVE THE, UH, MAILING WITH A CERTIFIED RECEIPT. IT'S, IT WAS PLAIN US FIRST CLASS OR BULK GRAIN MAIL. THAT'S THE REQUIREMENT UNDER THE CODE THAT IT BE FIRST CLASS MAIL. UM, SO UNLESS THE APPLICANT CHOSE TO SEND THEM OUT SEND THEM OUT, CERTIFIED RETURN RECEIPT, THEY WOULD'VE BEEN COMPLIANT BY REGULAR MAIL, NOT, NOT QUESTIONING THE COMPLIANCE. I WILL COMMENT THAT [02:00:01] ACTUALLY IT SOUNDS LIKE THE APPLICANT MISSED ON THE APPLICATION. THREE CIVIC ASSOCIATIONS, NACHO STARS. WAIT, WAIT. WHEN WE TALK, THE THREE CIVIC ASSOCIATIONS ARE WITHIN 500 FEET. UH, ACCORDING TO THE SEARCH THAT, UH, MR. UH, SCHMIDT INDICATED, THERE WERE TWO OTHERS THAT SHOWED UP ON HIS MAP PLUS OURS, NONE OF WHICH WERE REPORTED ON THE APPLICATION. SO I, MY, MY QUESTION FOR THIS PLANNING BOARD, I UNDERSTAND THE BOARD HAS A RESPONSIBILITY TO MAKE SURE THAT THE LAW IS NOT VIOLATED. THE, THE, UH, ZONING CODE IS NOT VIOLATED. I QUESTION WHETHER THIS BOARD HAS A RESPONSIBILITY TO OVERSEE AND COMMENT ON THE CHARACTER OF THE TOWN IN TERMS OF THE ARCHITECTURE, THE LAYOUT, THE DENSITY. I KNOW THERE'S NO NEW TRAFFIC STUDY BEING DONE ON THIS JUST FOR ONE HOUSE. I DON'T KNOW THAT IT'S NECESSARY OR NOT, BUT I HAVE TWO HAVE, AS I RAISE QUESTIONS ABOUT THE IMPACT OF THE SUBDIVISION ON THE CHARACTER OF THE, OF THE OVERALL TOLL BROTHERS DEVELOPMENT. IF YOU TAKE A WALK AROUND ARLEY ESTATES, WHICH IS THIS LOT, AND ARLEY GREEN, WHICH IS THE ADJACENT DEVELOPMENT ON FAITH LANE, THERE ARE MULTIPLE PROPERTIES THAT VISUALLY ARE LARGE ENOUGH TO BE SUBDIVIDED WITH THE HOUSE'S POSITION TO ONE SIDE OR ANOTHER. SO THERE'S A CONCERN THAT I WILL HAVE OUR CIVIC ASSOCIATION DISCUSS ABOUT PRECEDENT BEING SET BY SUBDIVIDING THIS ONE. OKAY. SO FROM MY POINT OF VIEW, THERE ARE A FEW THINGS THAT NEED TO BE ANSWERED. AND SO AS OPPOSED TO, UM, CLOSING THE PUBLIC RECORD, WE'D LIKE TO KEEP IT OPEN, UM, AND ADJOURN UNTIL A LATER DATE IF THE BOARD AGREES. MAY I ASK FOR SOME OF MY OTHER NEIGHBORS TO SPEAK? UH, SURE. IF THEY WISH HIM. IF I, I WAS GONNA SUGGEST ONE THING ON THE TITLE, WHICH I THINK IS GONNA BE HELPFUL TO THIS BOARD. UM, I, I, I WOULD, I ACTUALLY WELCOME SORT OF THE INVITATION FROM THE GENTLEMAN TO MY LEFT HERE. IF THE BOARD WOULD LIKE, UH, OUR FIRM CAN HAVE A REPUTABLE TITLE COMPANY, WHETHER IT'S FIRST AMERICAN OR STEWARD TITLE, OR BENCHMARK TITLE JUDICIAL, ALL OF THOSE ARE VERY REPUTABLE. DO THEIR, DO A TITLE SEARCH OF MY CLIENT'S PROPERTY AND THAT THAT CAN PROBABLY BE PROVIDED TO THIS BOARD BY THE MIDDLE OF NEXT WEEK, IF NOT SOONER. UM, AND A TITLE COMPANY WILL STAKE THEIR NAME TO IT AND THAT'LL ANSWER THE QUESTION THAT'S BEEN RAISED, WHICH IS AN IMPORTANT QUESTION. UM, AND THAT'LL ANSWER THAT QUESTION. OKAY. UM, I WOULD LIKE TO SEE IT IF, IF THAT CAN BE DONE, BUT YOU KNOW, IF IT WOULD HAVE TO BE ACCEPTABLE IN TERMS OF ANSWERING YOUR, UM, CONCERNS ABOUT WHAT TOLL BROTHERS STIPULATED WE, THE, WE WERE THE T TITLE SEARCH TO INCLUDE BOTH LOT THREE. ANY RECORD THIS ANNOTATED ON THE ORIGINAL TOLL BROTHERS SUBDIVISION OF THE OVERALL 36 LOT BLOCK OF THE 30? NO, HE'S NOT GOING TO A, TO A TITLE SEARCH. TOLL BROTHERS ORIGINALLY HAD A SUBDIVISION FOR THE 36 LOTS THAT COMPRISED ARLEY ESTATE. I'M SORRY, AM I HEARING YOU CORRECTLY, YOU'RE ASKING HIM TO DO A TITLE SEARCH ON 36 PROPERTIES ON THE ORIGINAL SUBDIVISION OF THE 36 PROPERTY, NOT THE 36 INDIVIDUAL LOT THREE ONLY RIGHT. FROM, FROM AN INDIVIDUAL, BUT THE OVERALL ORIGINAL TOLL SUBDIVISION. WERE THERE ANY RESTRICTIONS ON FURTHER SUBDIVISION WITHIN THAT? OH, OKAY. I, I UNDERSTAND THAT. AND, AND YOU'RE DOING THE TITLE SEARCH ON BLOCK TWO. WE'LL LET YES. AND YOU'LL PROVIDE THAT AS WELL. MM-HMM . OKAY. SO WE'LL LET THE APPLICANT RESPOND TO THAT. AND IF, WELL, YOU'RE CLEAR ON WHAT'S BEEN ASKED. IF, IF, IF WHAT'S BEING ASKED IS A TITLE SEARCH FROM THE ASK TO LOT THREE FROM THE ORIGINAL SUBDIVISION BY TOLL BROTHERS UP UNTIL TODAY, THEN THAT'S FINE. WE'RE CERTAINLY NOT GONNA AGREE TO DO A SEARCH ON 36 SLOTS. THAT, THAT WAS RIGHT. WE CLARIFIED. OKAY, FINE. SO ON LOT THREE FROM SUBDIVISION TO TODAY. THAT'S FINE. OKAY. AND AGAIN, MY COMMENT IS, I THINK THERE'S CLARITY ON THE BOARD. LOT THREE IS THE ONLY ONE WE'RE LOOKING FOR THE DETAILED TITLE SEARCH. OKAY. AND FOR THE TOLL BROTHERS ORIGINAL SUBDIVISION WHERE THEY SUBDIVIDE TO 36 LOTS TO CONFIRM THAT THERE WERE NO RESTRICTIONS ON FURTHER SUBDIVISIONS WITHIN THAT OVERALL, UH, BLOCK, UH, TWO 70, WOULDN'T THAT EXIST ON THE INDIVIDUAL LOT? I DON'T KNOW IF WE'D BE REPEATED ON THE INDIVIDUAL LOTS. WE'RE ACTUALLY LOOKING AT THE SUBDIVISION OF BLOCK TWO 70. SO GOING BACK TO THAT POINT IN TIME WHEN THE SUBDIVIDED SOLD, THE FIRST LOT WOULD CONTAIN THOSE RESTRICTIONS. MM-HMM . IF YOU WANNA GO BACK ONE FURTHER, I DON'T KNOW IF THAT WOULD BE TOO MUCH TROUBLE FOR THE APPLICANT, BUT MM-HMM . JUST TO GO ONE, ONE BEYOND, EXCUSE ME. EXCUSE ME. BUT ISN'T THAT IF THEY HAD A SUBDIVISION OF THE ORIGINAL PROPERTY, THEY WOULD'VE SUBMITTED FOR SUBDIVISION APPROVAL WITH THE TOWN BLOCK TWO AND IT SHOULD BE IN THE TOWN RECORD ON BLOCK 2 7 0. CORRECT? RIGHT. SO THAT'S WHAT AARON, SO STAFF, YES. I'M SORRY. UH, THE QUESTION ABOUT THE ORIGINAL PROPERTY THAT WAS [02:05:01] SUBDIVIDED INTO 36. YES. IS THAT AN HOUR? THAT WOULD BE IN OUR RECORDS FROM 1996. WE ABSOLUTELY HAVE THE RECORDS. UM, I CAN'T SAY FOR CERTAIN, I KNOW THESE DAYS WHEN A, WHEN THE PLANNING BOARD, UH, SPEAKS TO POTENTIAL FUTURE SUBDIVISIONS OR RESTRICTIONS ON POTENTIAL FUTURE OR FURTHER SUBDIVISIONS, WE INCLUDE THAT LANGUAGE AS A CONDITION. I DON'T KNOW IF THE BOARD DID THAT IN 1996, AND IT'S PART OF THE, THIS, THE SEARCH. SO WE UNDERSTAND WHAT YOU'RE REQUESTING IF THAT'S ABLE TO BE WORKED OUT WITH THE APPLICANT'S ATTORNEY. I, I'M, I'M HAPPY TO. YEAH, I'M HAPPY TO PROVIDE THIS BOARD OR TO HAVE A TITLE COMPANY PROVIDE TO THIS BOARD. WHATEVER IS RECORDED. I CANNOT POSSIBLY ASK A TITLE COMPANY TO TELL ME WHAT HAPPENED IN 1996. THAT'S NOT RECORDED. AND, AND THE APPLICANT CERTAINLY IS NOT BOUND TO WHAT IS NOT RECORDED. BUT I WILL ASK A TITLE COMPANY JUST SO IT'S CRYSTAL CLEAR FOR EVERYBODY, GO BACK TO THE SUBDIVISION BY TOLL BROTHERS AND FROM THERE GOING FORWARD. OKAY, SO ASKED A LOT. THREE, UH, I'M SORRY, WHAT DID YOU SAY, AMANDA? I JUST WANTED NO CONFIRMATION FROM PLANNING BOARD COUNCIL, AND I'M SORRY, SIR, YOUR NAME AGAIN? I'M SORRY. DAVID ROSENBAUM. UH, MR. ROSENBAUM, JUST UNDERSTAND THAT THE PURPOSE OF THE TITLE SEARCH IS TO PROVE WHAT YOU'RE SAYING. UM, AND SO WE ARE GOING TO ADJOURN TO, SO STAFF RECOMMENDS, UM, IN LIGHT OF THE COMMENTS, AND I DID SEE THAT ONE OTHER NEIGHBOR HAD A HAND UP. IF YOU DO WISH TO SPEAK NOW WOULD BE THE TIME. BUT IF YOU FEEL LIKE NO NEED, THAT'S OKAY. UM, STAFF'S RECOMMENDATION WOULD BE FOR THE APPLICANT TO CARRY OUT THE, THAT REQUEST AND GIVE AN OPPORTUNITY FOR THE, UM, ARDSLEY ESTATES CIVIC ASSOCIATION TO HAVE A SPECIAL MEETING. UM, HAVE THE APPLICANT UPDATE ITS APPLICATION TO APPROPRIATELY REFERENCE THE CIVIC ASSOCIATIONS WITHIN 500 FEET AND ADJOURN THE PUBLIC HEARING TO JULY 2ND. UH, WHAT, WHAT, ONE OTHER QUESTION. SO I, I'M, I'M, I'M STILL JUST A LITTLE CONFUSED. SO THERE'S, SO THERE'S THE ARDSLEY ESTATE CIVIC ASSOCIATION, WHICH, UH, MR. ROSENBERG ROSENBAUM IS, IS HERE, BUT THEN ON THE GIS MAP, THERE'S A HILLCREST ASSOCIATION. DOES THAT ORGANIZATION NO LONGER EXIST, OR DOES THIS LOT HAVE TWO CIVIC ASSOCIATIONS THAT, THAT IT'S UNDER? WHAT, WHAT IS THIS OTHER GROUP ON, ON THE GIS? SO WE'RE GONNA CHECK OUR YEAH, YEAH. OUR MASTER RECORDS AND WE'LL REPORT BACK TO THE BOARD AND TO THE APPLICANT AS WELL. IS A MONTH LONG IN A PERIOD OF TIME FOR US TO RESEARCH THAT? NO, NO, NO. THAT AND THEN TO CON TO CONTESTATION, IF IT EXISTS, AND IT IS APPLICABLE HERE, AND THEN TO HAVE BOTH CIVIC, UM, ASSOCIATIONS OPINE ON IT, THAT THAT'S UP TO THE BOARD. UM, GIVEN, GIVEN THAT, UM, YOU KNOW, WE MEET EVERY TWO WEEKS ROUGHLY. I DIDN'T THINK THAT TWO WEEKS FROM TONIGHT WAS AMPLE TIME. I, BUT I THINK JULY 2ND WOULD BE AMPLE TIME. IF, IF, IF I MAY, I WOULD ASK THAT THIS STAY ON FOR THE NEXT JUNE MEETING FOR, FOR A COUPLE OF REASONS. NUMBER ONE, WE'LL HAVE THE TITLE REPORT BEFORE THAT, AND I'M, IF MR. ROSEMARY, I'M SHARES HIS EMAIL WITH ME, I'M HAPPY TO GIVE IT TO HIM AS WELL. WHEN I GIVE IT TO THE BOARD, HE HAS AMPLE TIME TO, TO LOOK AT IT OR WHOEVER HE WANTS TO LOOK AT IT CAN LOOK AT IT. IT'S NUMBER ONE. NUMBER TWO, THERE IS, I, I, I DON'T KNOW WHERE HILLCREST PARK ASSOCIATION IS, IF IT EVEN EXISTS. OKAY. I DON'T KNOW THE OFFICIAL ADDRESS FOR THE LEY CIVIC ASSOCIATION OR STATE ASSOCIATION. FORGIVE ME IF I'M MISPRONOUNCING IT, I DON'T KNOW WHAT ITS OFFICIAL ADDRESS IS. IF ITS OFFICIAL ADDRESS IS AN INDIVIDUAL THAT WAS IN, WITHIN THE 500 FOOT RADIUS, OR IF IT WAS REACHED THERE, THEN I WOULD SUM, I WOULD SUGGEST THAT THAT ANSWER NUMBER 13 AND THE APPLICATION WAS HARMLESS ERROR BECAUSE THEY GOT THE NOTICE ANYWAY AND THEY'RE HERE ANYWAY. SO RATHER THAN PUTTING OUT TO JULY, I'D LIKE THE OPPORTUNITY TO KEEP THIS IN JUNE. I'D LIKE TO BE ABLE TO INFORM THE BOARD BEFORE THAT OF THESE ANSWERS SO THAT THESE CAN BE ADDRESSED. OKAY. SO WE ARE GIVING BOTH PARTIES, UM, AN EQUAL OPPORTUNITIES. SO I'D LIKE TO CALL FOR A MOTION TO ADJOURN THIS UNTIL JULY 2ND. ALL IN FAVOR? SO MOVED. SO MOVED. I'M SORRY. UM, I THANK YOU. I NEED A SECOND ON THE MOTION. SECONDED. ALL IN FAVOR? AYE. AYE. AYE. AYE. UM, AYE. [02:10:02] DELAYED REACTION. THANK YOU, DYLAN. THANK YOU. OKAY. ALRIGHT. GOOD. THAT'S, UM, SO WE UNDERSTAND. OKAY. THANK YOU. WE WOULD HAVE A MOTION TO CLOSE THE SESSION OF THE MEETING. I HAD LIKE A MOTION TO CLOSE THE PUBLIC SESSION, UH, PUBLIC SESSION OF THIS MEETING. SO MOVED. MAY I HAVE A SECOND? SECOND. ALL IN FAVOR? AYE. AYE, AYE. THAT CONCLUDES THE MEETING. 9:34 PM THANK YOU. * 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.