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GOOD EVENING[ TOWN OF GREENBURGH PLANNING BOARD AGENDA WEDNESDAY, September 29, 2025 – 7:00 P.M. Meetings of the Planning Board will be adjourned at 10:00 p.m. ]
EVERYONE, AND WELCOME TO THE MONDAY, SEPTEMBER 29TH, 2025.PLANNING BOARD MEETING, UH, DEPUTY.
DO WE NEED TO DO THE MORE? NO.
HERE NOTE FOR THE RECORD THAT BOARD MEMBER JOHANN SNAGS IS NOT PRESENT THIS EVENING.
NEXT, WE'LL HAVE THE APPROVAL OF THE MINUTES.
ARE THERE ANY COMMENTS ON THE MINUTES FROM SEPTEMBER 17TH MEETING? NO, THAT'S PRETTY GOOD.
MAY I HAVE A MOTION TO APPROVE THE MINUTES? SO MOVED.
AARON, DO WE HAVE CORRESPONDENCE? NOTHING THAT ISN'T RELATED TO A PROJECT ALREADY ON THE AGENDA.
SO WE CAN MOVE STRAIGHT INTO OLD BUSINESS.
WE ARE NOW GOING TO HEAR CASE NUMBER PB 25 0 3 HIGH TOWER AT 10 KAISON TERRACE IN HARTSDALE.
THIS IS THE PLANNING BOARD STEEP SLOPE PERMIT AND A WORK SESSION TO DISCUSS THE DECISION OF THE PLANNING BOARD STEEP SLOPE PERMIT APPLICATION INVOLVING THE PROPOSED, UM, RE REGRADING OF A REAR YARD AND CONSTRUCTION OF A RELATED RETAINING WALL.
IS THE APPLICANT PRESENT? SO, UM, YES.
I'M REPRESENTING JEN PETERSON.
HOW ARE YOU? I'M GOOD, HOW ARE YOU? GOOD, THANK YOU.
SO JUST TO UPDATE THE BOARD AND THE APPLICANT, THIS PROJECT WAS ON FOR A PUBLIC HEARING AT OUR LAST MEETING.
THE BOARD CLOSE, THE PUBLIC HEARING LEFT THE WRITTEN RECORD OPEN THROUGH SEPTEMBER 22ND.
NO ADDITIONAL COMMENTS HAVE BEEN SUBMITTED.
SO STAFF PREPARED A DRAFT DECISION FOR YOUR CONSIDERATION THIS EVENING ON THE STEEP SLOPE PERMIT.
UM, WITH RESPECT TO THE DRAFT DECISION, THERE WAS REALLY ONLY ONE SITE SPECIFIC, UH, REQUIREMENT OR CONDITION TO BRING TO YOUR ATTENTION.
AND, UH, THAT RELATES TO THE APPLICANT INSTALLING AND MAINTAINING PLYWOOD AND WOOD CHIPS IN THE CRITICAL ROOT ZONES, UH, OF TREES DURING THE CONSTRUCTION PERIOD AS PROVIDED FOR ON THE PLANS.
ALL THE OTHER CONDITIONS ARE, UH, STANDARD CONDITIONS FOR A PROJECT OF THIS TYPE.
THERE ARE TWO VOTES, UH, FOR THE BOARD TO CONSIDER THIS EVENING.
ONE TO CLASSIFY THE PROJECT AS A TYPE TWO ACTION UNDER SEEKER, AND THEN TWO, TO CONSIDER A DECISION ON THE STEEP SLOPE PERMIT APPLICATION.
SO THE FIRST ONE TO, OKAY, I'M SORRY.
THE FIRST ONE TO, UM, CLASSIFY THIS AS A TYPE TWO ACTION UNDER SE.
WE'RE GONNA TAKE A VOTE ON THAT.
AND THE SECOND ONE IS TO, I'M SORRY, CAN YOU READ THE SURE.
TO CONSIDER THE STEEP SLOPE PERMIT APPLICATION AND THAT'S THE SECOND MOTION WHICH HAS GOT THE ONE CONDITION RIGHT OF THE, I MEAN, ONE SPECIAL CONDITION.
SO THE MOTION CARRIES AND WE WILL GET THIS DECISION FINALIZED AND OFF TO YOU, UH, WITHIN THE NEXT COUPLE OF DAYS.
UH, NEXT UP IS CASE NUMBER PB 25 14.
THIS IS FOR 20 BAYBERRY ROAD IN ELMSFORD.
PLEASE KEEP YOUR MICS MUTED UNTIL CALLED UPON TO SPEAK.
SO SIMILARLY TO OUR LAST PROJECT, UH, THE GURE PROJECT AT 20 BAYBERRY ROAD PB 20 14 25 DASH 14 BOARD HELD A PUBLIC HEARING ON SEPTEMBER 17TH.
CLOSED THE HEARING, LEFT THE WRITTEN RECORD OPEN THROUGH SEPTEMBER 22ND.
UM, ONE ADDITIONAL QUESTION OR COMMENT WAS PROVIDED BY A MEMBER OF THE PUBLIC, UM, ASKING FOR CLARIFICATION ON THE LOT SIZE AND WHETHER OR NOT A VARIANCE WOULD BE REQUIRED TO REBUILD ON THIS
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PROPERTY.BEING THAT THE LOT ITSELF IS UNDER 40,000 SQUARE FEET, BUT THE PROPERTY, UH, AND IS, BUT THE PROPERTY'S LOCATED WITHIN AN R 41 FAMILY RESIDENCE DISTRICT TOUCHED BASE WITH OUR BUILDING INSPECTOR'S OFFICE AND BEING THAT THE LOT IS SITUATED ON, UM, AND SHOWN ON AN APPROVED PLAT AND, UM, WAS COMPLIANT AT THAT TIME WITH THE ZONING REGULATIONS.
THE ONLY REQUIREMENT AT THIS TIME WHEN THEY DEMOLISHED THE HOUSE IS, UH, THE NEW HOME HAS TO COMPLY WITH THE SETBACK REQUIREMENTS, COVERAGE REQUIREMENTS AND VY SERVICE REQUIREMENTS OF THE R 40 DISTRICT.
THEY CAN BUILD A HOME ON THE UNDERSIZED LOT.
SO, UM, THAT WAS ANSWERED BACK TO, UH, THE PERSON WHO ASKED THE QUESTION AND THE BOARD IS ABLE TO MOVE FORWARD WITH THE DECISION THIS EVENING.
UH, SIMILAR TO THE PRIOR CASE, THE FIRST WOULD BE TO CONSIDER, UH, THIS A TYPE TWO ACTION, AND THE SECOND WOULD BE TO CONSIDER A DECISION ON THE STEEP SLOPE PERMIT APPLICATION.
SO MAY I HAVE A MOTION TO, UM, CLASSIFY THIS AS A TYPE TWO ACTION ON DE SEEKER? SO MOVED.
AND THEN WE, THE NEXT IS THE STEEP SLOPE PERMIT SITE SPECIFIC.
UH, YEAH, I CAN, I CAN SPEAK TO THAT.
SO THERE IS ONE SITE SPECIFIC, UH, REQUIREMENT SLASH CONDITION, AND THIS RELATES TO THE APPLICANT, UH, REMOVING THE CONCRETE WALKWAY WITHIN THE 100 FOOT WATERCOURSE BUFFER ON THE SITE BY HAND ONLY AND WITHOUT, UH, THE USE OF MACHINERY.
THEY WERE AGREEABLE TO THAT THE USE OF MACHINERY WITHIN A BUFFER WOULD TRIGGER A, THE NEED FOR A WETLAND WATERCOURSE PERMIT.
BUT CONDUCTING THE DEMO OR REMOVAL WORK BY HAND DOESN'T TRIGGER THE DISTURBANCE THRESHOLD, AND THEREFORE THIS PROJECT WOULD NOT NEED THE WETLAND WATER COURSE PERMIT.
THERE'S A NOTE ON THE PLANTS TO THAT EFFECT, BUT WE WANTED TO MEMORIALIZE IT AS A CONDITION OF APPROVAL.
HOW ABOUT THE DISPOSAL? SORRY, DISPOSAL OF ALL THIS CONCRETE, BECAUSE IT'S GONNA BE QUITE A LARGE AMOUNT.
SO, UH, WE CAN ASK MR. STEIN, I WOULD IMAGINE THEY WOULD HAVE A DUMPSTER, THEY'RE GONNA HAVE OTHER DEMOLITION MATERIALS.
BUT THAT WOULD NOT BE A PROBLEM TO, TO BE ABLE TO DEMOLISH THAT AND TO REMOVE IT BY HAND.
AND, UH, THE MATERIALS ITSELF WOULD BE PLACED INTO A, A DUMPSTER AND PARKED.
WE'LL HAVE DUMP, WE'LL HAVE DUMPSTERS ON SITE JUST FOR, I MEAN, EVEN FOR THE DEMOLITION OF THE HOUSE.
SO THAT WOULDN'T BE A PROBLEM.
UM, AND EVEN WHATEVER CONSTRUCTION IS TAKING PLACE, UH, ON THE PROPERTY WHERE WE'LL HAVE DUMPSTER DUMPSTERS THERE REGARDLESS.
ALSO, THE, UH, THE OLD DRIVEWAY, YOU WILL REMOVE THE SAME WAY OR IT'S, IT'S NOT IN THE, IT'S NOT IN THE BUFFER.
ONLY A, A SMALL PIECE OF WALKWAY.
SO TO REPHRASE IT, UH, VOTE ON THE, UH, STEEP SLOPE PERMIT WITH THE REMOVAL OF THE CONCRETE.
WE'LL FINALIZE THE DECISION AND GET IT OFF TO YOU WITHIN THE NEXT FEW DAYS.
NEXT UP IS CASE NUMBER TB 2 5 0 8, DALEWOOD TWO AND DALEWOOD THREE LOCATED AT 3 5 3 THROUGH 3 71 CENTRAL PARK AVENUE NORTH, AND 4 0 1 THROUGH 4 25 CENTRAL PARK AVENUE NORTH.
AND THIS IS A CONTINUATION OF A WORK SESSION FROM SEPTEMBER 3RD.
I'LL, UH, RECUSE MYSELF AGAIN BECAUSE OF A PROFESSIONAL RELATIONSHIP YEARS IN THE PAST WITH THE OWNER OF THE SHOPPING CENTER.
UM, I MAY NEED TO RECUSE MYSELF AS WELL.
UM, IS, UH, BRI SMORE, UM, THIS IS BRI SMORE.
IS THAT RELATED TO BRICKS? MOORE PROPERTY GROUP? I HAVE, OH, I'M SORRY.
UM, I, I HAVE TO RECUSE MYSELF AS WELL, UM, FOR, UH, IF YOU FEEL, I'M SORRY.
NO, I'M SAYING IF YOU FEEL THAT YOUR INVOLVEMENT REQUIRES YOU TO BE CLOSE YOURSELF, THEN ABSOLUTELY.
I MEAN, THEY'RE A CLIENT OF MY FIRM, SO I I NEED TO OKAY.
UH, I'M COLETTE DELORO, A SENIOR PROJECT MANAGER AT LANGAN, UH, THE CIVIL ENGINEER ON THE PROJECT, AND I'M ALSO JOINED BY MARK NEWMAN, UH, WHO IS WITH BRICKS MORE THE OWNER.
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SO JUST TO REFRESH EVERYONE'S MEMORIES, UH, THIS IS TO FILL THE CHRISTMAS TREE SHOP VACANCY, UM, AT DALEWOOD SHOPPING CENTER ON CENTRAL AVENUE.AND THE VACANCY WILL BE FILLED BY A SPROUTS GROCERY STORE AS WELL AS BEST BUY.
SO LAST TIME WE WERE HERE, WE HAD SOME, UH, GOOD DISCUSSIONS ON PROVIDING PEDESTRIAN ACCESS, UM, TO A COUPLE OF BUS STOPS FROM ON CENT NORTH CENTRAL AVENUE TO THE GROCERY STORE AND TO THE BEST BUY AND THE REST OF THE SHOPPING CENTER.
UM, SO WE WERE ABLE TO ACHIEVE THAT BY PLACING, WE BASICALLY SHIFTED, KIND OF SEPARATED APART THE SHOPPING, I MEAN, SORRY, THE PARKING STALLS AND INCLUDED A PEDESTRIAN STRIPED PATHWAY IN THE MIDDLE OF THE PARKING LOT.
THE PATHWAY WOULD BE FOUR FEET WIDE AND THERE WOULD BE CONCRETE WHEEL STOPS IN FRONT OF THE PARKING STALLS TO ALLOW FOR VEHICLE OVERHANG AND TO PROTECT PEDESTRIANS.
SO YOU'D WALK DOWN THE PARKING LOT, YOU WOULD CROSS A CROSSWALK, AND THEN YOU'D END UP ON A NEW SIDEWALK THAT WOULD CONNECT TO THE NORTH CENTRAL AVENUE SIDEWALK THAT IS PRESENT TODAY.
AND THEN YOU COULD EITHER GO TO GO TO EITHER PARK, UH, SORRY, BUS STOP, I'M JUST TRYING TO FIND IT, WHICH IS HERE.
AND THEN THE CLOSER ONE IS RIGHT HERE.
SO THAT WAS ONE, UH, BIG CHANGE THAT WE MADE TO ACCOMMODATE SOME OF THE COMMENTS THAT WE'VE RECEIVED FROM THE BOARD.
UM, IN ADDITION TO THAT, WE HAVE INDICATED NOW THE ONLINE PICKUP STALLS, UH, WITH APPROPRIATE SIGNAGE FOR THE BEST BUY ONLINE PICKUP LOCATION, AS WELL AS THE SPROUTS BUY ONLINE PICKUP LOCATIONS, WHICH ARE LOCATED HERE AND HERE.
WE ALSO HAVE LOCATED WHAT IS NOW A 72 INCH, UH, STORM DRAIN THAT WAS PREVIOUSLY A WATERCOURSE.
SO THAT HAS BEEN PLACED IN A PIPE BELOW GROUND.
WE KNOW WHERE THAT IS FROM PREVIOUS WORK ON DALEWOOD TWO.
UM, AND WE WERE ABLE TO LOCATE A MANHOLE IN THE PIPE ON DALEWOOD THREE.
UM, SO THIS IS AN APPROXIMATE LOCATION, BUT WE'RE PRETTY CONFIDENT THIS IS WHERE IT IS.
SO DO YOUR NEW STORM DRAINS RUN INTO THIS OR YOU RUN DRAIN SOMEWHERE ELSE? NO.
SO OUR STORM DRAINAGE DOES NOT NECESSARILY TIE INTO THIS, UH, DRAIN LINE FOR DALEWOOD TWO.
SO WE'RE REUS WE'RE USING AN EXISTING CONNECTION TO CENTRAL AVENUE, AND WHAT WE'RE DOING IS ADDING ONE NEW DRAIN TO CAPTURE, YOU KNOW, TO KIND OF ACCOMMODATE THE NEW CONCRETE ISLANDS AND CURBS, MAKE SURE THERE'S NO PONDING AND THAT IS NOT GOING TO AFFECT THE 72 INCH STORM DRAIN.
UM, I GUESS DURING CONSTRUCTION, LIKE THESE WILL BE ON OUR CONSTRUCTION DRAWINGS, WE'LL MAKE THE CONTRACTOR AWARE OF THE PIPE SO THAT THEY CAN USE CAUTION WHEN EXCAVATING IN THIS AREA TO INSTALL THE NEW CATCH BASIN.
UM, AND THEN ANOTHER THING WE'VE DONE ON THE SITE PLAN IS USING THE CONTINENTAL CROSSWALKS.
UM, SO THOSE ARE NOW SHOWN EVERYWHERE.
UM, I BELIEVE THERE WERE ALSO A COUPLE OF COMMENTS, UM, REGARDING LIKE EV CHARGING STATIONS.
SO BRICKS MOORE IS DEFINITELY LOOKING TO CONSIDER THAT THEY HAVE A WHOLE PLAN WITH THEIR TENANTS TO TRY TO PROVIDE, PROVIDE EV CHARGING STATIONS.
SO THAT WILL BE SOMETHING THAT'S LOOKED AT IN THE FUTURE.
UM, THERE ARE ACTUALLY EXISTING CHARGING, UH, STATIONS AT DALEWOOD THREE RIGHT NEXT DOOR.
SO JUST, YOU KNOW, THEY'RE THERE FOR NOW, BUT WE ARE LOOKING TO POTENTIALLY ADD SOME MORE AT DALEWOOD TWO, BUT THAT IS NOT PART OF THIS PROJECT.
UM, I BELIEVE I HAD SENT OVER AN EMAIL.
SO THERE WAS A COMMENT ABOUT PROVIDING A CAR CORRAL CLOSER TO THE PEDESTRIAN PATHWAY.
UH, PREVIOUSLY WE HAD ONE HERE AND NOW WE'VE MOVED IT OVER HERE.
UM, SO NOW THERE ARE, THERE'S ONE HERE AND HERE FOR THE CARTS TO BE COLLECTED, UM, AFTER PEOPLE EITHER GO TO THEIR VEHICLES OR BEFORE THEY CROSS OVER AND WALK TO THE BUS STOP.
UM, WE DIDN'T WANNA ADD IT AT THE END.
UM, WANTED TO KEEP IT A LITTLE BIT PULLED BACK FROM THAT LITTLE INTERSECTION THERE.
UM, YOU KNOW, CARTS TEND TO ROLL PLACES, SO
AND YOUR CARTS, UM, HAVE THAT STOP SO THEY CAN'T BE ROLLED OUT OR NO, BECAUSE IT'S USUALLY NO, THAT'S RIGHT.
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POSITIVE.I THINK IN THESE TYPES OF SHOPPING ONES THEY DON'T RIGHT.
LIKE THAT WOULD STOP IT FROM LIKE LEAVING THE CENTER.
LIKE SPROUTS WHERE THEY STAY THERE AND BEST BUY, BUT I DON'T THINK PEOPLE DO THAT.
I'M A SENIOR PROJECT MANAGER FOR BRICKS, MOORE.
SPROUT'S INTENTION IS TO INSTALL A CAR PAYMENT ZONE.
YEAH, I THINK THAT WAS MENTIONED ON THE RECORD.
SO THAT WAS A CONCERN THAT PEOPLE YEAH.
YEAH, DEFINITELY WANNA PREVENT THAT.
AND THEN THE, YEAH, AND THE PATHWAY IS WIDE ENOUGH TO ACCOMMODATE CROSS LIKE PASSING CARTS.
WHAT ARE THESE CROSS HATCHING FOR? NEXT TO THE STOP? THERE ARE LIKE FOUR PEDESTRIANS WHO WALK ACROSS AT THE, AT THE NEAR TO THE STORE.
SO THIS IS NEEDED FOR A COUPLE OF REASONS.
WE WANTED TO CREATE A BUFFER BETWEEN VEHICLES AND THE DRIVING AISLE, UM, AND PARKING.
AND THEN FOR FIRE DEPARTMENT, THEY NEED A LITTLE BIT MORE ROOM TO MANEUVER THEIR VEHICLE.
SO IT'S NOT A, IT'S NOT MEANT FOR FACEBOOK OR NO, NO.
THAT WAS TO AS MS, UM, AS THE APPLICANT MENTIONED TO, UM, ACCOMMODATE ALSO THE FIRE DEPARTMENT, FIRE DEPARTMENT FIRE VEHICLE ACCESS.
SO THAT WAS REVIEWED BY THE FIRE CHIEF.
BUT HOW DO YOU PREVENT PEOPLE FROM SORT OF PARKING OVER TO IT? THAT'S A, THAT'S USUALLY THE PROBLEM.
I MEAN, YOU FIND A SORT OF A NICE CLOSE SPACE AND THEN THERE IT'S NOT QUITE WIDE ENOUGH FOR A CAR TO FIT THERE.
THAT'S A PROBLEM TH FOUR FEET WIDE.
I MEAN IF IT WAS THE WIDTH OF A STALL, YOU KNOW, YOU COULD SEE SOMEONE LIKE, AH, I JUST GOTTA RUN IN FOR MILK.
BUT THEY'RE NOT, I MEAN, THEY WOULD STICK OUT INTO A SPOT OR INTO THE TRAVEL LANE AND, UM, I DON'T THINK THERE'S ANY GOOD SOLUTION.
I DID WANT TO ADD THAT, UH, THIS PLAN, THE MOST RECENT PLAN, EVERYTHING WAS COORDINATED WITH TOWNS STAFF AS WELL AS THE TOWN'S TRAFFIC CONSULTANT, JOHN CANNING.
WE REVIEWED THE REVISIONS, UM, AND FOUND THEM TO BE ACCEPTABLE.
THE APPLICANT'S BEEN VERY COOPERATIVE THROUGHOUT THIS PROCESS.
UM, AND UNLESS THERE ARE ANY QUESTIONS, I WAS READY TO GIVE GUIDANCE TO THE BOARD STAFF PREPARED A DRAFT RECOMMENDATION.
UM, SO THIS PROJECT WAS REFERRED BY THE TOWN BOARD TO THE PLANNING BOARD FOR ITS REVIEW AND RECOMMENDATION.
ASK THE, ASK AWAY THE LIGHTING THINGS.
I THINK ONE OF THE QUESTION WAS RAISED THE LIGHTING.
I MEAN THEY'RE, THEY'RE CURRENTLY YEAH, CENTERS LIT TODAY.
SO WE'RE ACTUALLY ABLE TO MAINTAIN, UH, MOST OF THE LIGHT LOCATIONS.
I BELIEVE THERE'S ONE LIGHT LOCATION THAT NEEDS TO BE SHIFTED.
AND WE'RE JUST MOVING THAT, YOU KNOW, FIVE FEET INTO THE ISLAND.
JUST PIGGYBACKING OFF THAT IS THE EXISTING LIGHTING, YOU KNOW, THE LATEST STANDARDS, I MEAN LED DOWNCAST, DARK SKY COMPLIANT.
THINK IN 2018, YOU COULD JUST STATE THAT ON.
BUT THERE WAS A LED UPGRADE IN 2018.
AND IT'S A SORT OF MEETS THE DOWN STANDARD FOR THE ILLUMINATION SPREADING OUT TO THE RESIDENTIAL IN OH, OH, OH, YOU'RE SAYING IN TERMS OF LIGHT LEVELS, USUALLY WE DIDN'T RUN A PHOTOMETRIC 'CAUSE WE WEREN'T CHANGING ANYTHING.
UM, I MEAN, THE NEIGHBORHOOD TO THE BACK, SO THERE ISN'T MUCH, I MEAN, THERE IS LIGHTING BACK HERE, BUT IT'S OFF THE BUILDING.
THE BRIGHTEST LIGHTS ARE GONNA BE IN THE PARKING LOT.
BUT WE DID NOT RUN A PHOTOMETRIC.
'CAUSE WE'RE NOT, I MEAN, WE'RE NOT CHANGING THE LIGHTING AT ALL.
AND IF THE BOARD, YEAH, I THINK IF, IF THE BOARD WISHES IT COULD RECOMMEND THAT THE TOWN BOARD CONFIRM THAT, UH, SITE LIGHTING COMPLIES WITH THE TOWN CODE.
AND THE SIGNAGE, I THINK YOU GONNA ADD ANY SIGNAGE ONTO IT? SURE.
SIGNAGE, UH, WE'RE NOT CHANGING ANY SIGNAGE.
I HAVE A COUPLE OF RENDERINGS.
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YEAH.WE'RE NOT CHANGING THE FOOTPRINT OF THE CENTER.
WE'RE NOT CHANGING THE FOOTPRINT.
WE'RE ONLY, THE ONLY REVISION WE'RE MAKING.
I'M SORRY, YOU HAVE TO SPEAK AT END THE MIC, SORRY.
MARK NEWMAN WITH B BRICKS SMART PROPERTY GROUP.
WE'RE NOT CHANGING THE FOOTPRINT OF THE SHOPPING CENTER IN ANY WAY.
WE'RE JUST CON RECONFIGURING THE PARKING FIELD TO ALIGN BETTER WITH THE STOREFRONT.
UH, IT IMPROVES TRAFFIC CIRCULATION.
WE ADDED A BUNCH OF SAFETY FEATURES.
EVERYTHING HERE WE SEE IS LIKE A DEFINITE IMPROVEMENT TO CONNECTING DALEWOOD TWO AND DALEWOOD THREE.
AND, UH, WE'LL FACILITATE, WE THINK THE GROCERY STORE, UH, AND BEST BUY BETTER THAN THE PREVIOUS, UM, ALIGNMENT OF THE PARKING, THE PARKING STALLS.
UM, AND WE THINK WITH THE ADDITION OF THE PEDESTRIAN, UH, PATHWAY, IT'S GONNA ALSO, I THINK, APPEAL TO, UM, PEOPLE THAT ARE USING THE BUS.
YEAH, I MEAN, I WASN'T MAKING ANY, ANY KIND OF NEGATIVE COMMENT.
I JUST WANTED TO COVER THE ISSUES THAT USUALLY RAISED BY THE, BECAUSE THERE ARE RESIDENTIAL ACROSS THE, ACROSS THE STREET.
SO JUST SO WHAT ARE YOU DOING? IF THERE IS ANY ILLUMINATED SIGNS OR WE'RE NOT ADDING ANY SIGNS? ANY, YEAH.
WHEN YOU SAY NOT IN THE REAR, WHERE THERE'S THE SAME SIGNS IN FRONT, BUT THEY HAVE TO MEET CODE, THEY'RE NOT GONNA BE ANY BIGGER THAN ANY OF THE OTHER SIGNS THAT ARE ALLOWED.
JUST FOR CLARIFICATION, YOUR QUESTIONS HAVE TO DO WITH ILLUMINATION.
AND THE, AND THE SIGNAGE ON THE, ON THE STORE FRIENDSHIP THERE, ILLUMINATION ON THE, ON THE SIGNS, THE STOREFRONT SIGNS ALSO.
AND SO HE'S, SO HIS QUESTION, AND NOT TO TRANSLATE FOR CAREER, BUT THE WHOLE THING HAS TO DO WITH ELIMINATION.
SO, YOU KNOW, CHRISTMAS TREE HAS THEIR SIGN, THE NEW SIGNS THAT ARE COMING IN, ARE THEY GONNA BE BRIGHTER? ARE THEY GONNA BE SUBSTANTIALLY DIFFERENT? AND THEN I ALSO WANTED TO ASK STAFF REGARDING THE LAMPPOSTS THAT ARE THERE NOW THAT HAVE BEEN THERE SINCE 2018.
IS THE QUESTION WHETHER OR NOT THERE SHOULD BE, IT SHOULD BE DIFFERENT FOR THIS? NO.
SO COUPLE THINGS, I'LL JUST RESPOND MM-HMM
WITH RESPECT TO LIGHTING, I THINK IT WOULD BE APPROPRIATE FOR THE BOARD TO, UM, UPDATE ITS DRAFT RECOMMENDATION TO MAKE A NOTE ABOUT HAVING THE TOWN BOARD CONFIRM WITH THE APPLICANT AND OUR BUILDING INSPECTOR'S OFFICE THAT THE SITE LIGHTING IS COMPLIANT WITH TOWN CODE.
AND THEN WITH RESPECT TO SIGNAGE, I THINK PART OF THE REASON WHY IT WAS BROUGHT UP IS BECAUSE WE HAVE HAD PROJECTS IN RECENT HISTORY THAT HAVE GONE THROUGH A VERY LENGTHY PROCESS ONLY TO HAVE SIGNS DESIGNED AT A LATER STAGE NEED VARIANCES, AND THEN EVERYTHING HAS TO COME BACK TO THE BOARDS.
THE LATEST YOU THINK ABOUT SOMETHING JUST IN THE MIC.
THANK TYPICALLY WE WOULD HAVE TENANTS PURSUE THEIR OWN SIGN APPLICATIONS.
THIS IS WHAT WE DO ACROSS OUR PORTFOLIO.
UM, AND TENANTS ARE SUBJECT TO THE SAME SIGN CRITERIA THAT EVERYBODY ELSE IS.
UM, OFTENTIMES IN CERTAIN PROJECTS, WE'LL, WE'LL PURSUE THE SIGN APPROVALS OURSELVES, BUT TYPICALLY IT'S DRIVEN BY THE TENANTS IN THE LEASES THAT WE'VE DRAFTED.
UM, I WOULD NOT BE OPPOSED, AT LEAST WITH REGARD TO SPROUTS, TO, UM, GET THEIR SIGNAGE PRE-APPROVED AS PART OF THIS APPLICATION.
IT'S A, WE KNOW THAT IT ALREADY, IT COMPLIES WITH CODE, AND IF IT DOESN'T COMPLY WITH CODE, IT'S PRETTY MUCH STANDARD WITH EVERYTHING ELSE THAT'S ON THE STREET.
SO JUST WITH RESPECT TO THIS REFERRAL TO THE PLANNING BOARD, I COULD SEE THE PLANNING BOARD BOARD, UM, TO THE TOWN PERHAPS MAKING YEAH, FROM THE PLANNING BOARD BACK TO THE TOWN BOARD MAKING A STATEMENT ABOUT SIGNAGE AND THAT AT THE TIME OF THE REFERRAL, THE SIGNAGE HASN'T BEEN FINALIZED.
UM, SO THEN, AND TO RECOMMEND THAT THE APPLICANT PROVIDE SIGNAGE DETAILS TO THE TOWN BOARD AS PART OF THE SITE PLAN APPLICATION.
I, I, I THINK I'M, I'M HAPPY WITH WHAT YOU HAVE EXPLAINED.
I THINK WE JUST, WERE DOING IT BASICALLY CHECKLIST.
I MEAN, WE JUST SORT OF GO THROUGH IT AND, AND IF YOU, UH, I THINK IT'S SATISFACTORY TO ME.
I DON'T THINK STILL THE RECOMMENDATION MAKE IT A BIG, BIG DEAL OUT IT, BUT STILL THE RECOMMENDATIONS OF THE TOWN BOARD, I THINK WOULD BENEFIT HOW TO GET THE SPROUTS CHECKED OFF AND APPROVED AS PART OF THE WHOLE PACKAGE.
SO YOU CAN GET AHEAD OF THAT BY, YOU KNOW, IF THERE'S A DESIGN AND LAYOUT AND THE SIZING AND ALL THAT.
YOU CAN, WOULDN'T THEY TYPICALLY GO BEFORE JUST THE BUILDING DEPARTMENT TO GET APPROVAL FOR THEIR SIGNAGE? THEY WOULD.
HOWEVER, IF IT DIDN'T COMPLY, THE BUILDING INSPECTOR WOULD DENY IT AND THEY'D HAVE TO GET, SEND IT TO THE ZONING BOARD.
SO THE OTHER THING IS THAT IN CONNECTION WITH SITE PLANS, AT LEAST WITH
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THE PLANNING BOARD, I, I DON'T WANNA SPEAK FOR THE TOWN BOARD, BUT FOR SITE PLANS ALONG CENTRAL PARK AVENUE, THE APPROVING BODY ON SITE PLAN HAS REVIEW OVER THE SIGNAGE.SO IT'S SOMETHING TO BE AWARE OF AS YOU TRANSITION TO THE TOWN BOARD.
AND JUST GOING BACK TO THE LIGHTING IN THE PARKING LOT, UM, YOU'RE GONNA ADD THAT RECOMMENDATION? WE CAN ADD THAT.
SO THANK YOU FOR THE GOOD QUESTIONS.
UM, WE'VE PREPARED THE DRAFT, UH, IT WAS CIRCULATED.
IT INDICATES ALL THE DATES THAT WHERE THE, WELL, THE DATE OF THE REFERRAL BY THE TOWN BOARD, THE DATES THAT THE PLANNING BOARD REVIEWED THE PROJECT.
ONE OF THE THINGS, UM, THAT I SHOULD MENTION IS THAT THE APPLICANT HAS BEEN ABLE TO MAINTAIN, UM, AND NOT DECREASE THE OVERALL NUMBER OF OFF STREET PARKING SPACES FOR BOTH DALEWOOD TWO AND DALEWOOD THREE.
SO THEY DO NOT NEED A SHARED PARKING REDUCTION WAS, WHICH WAS SOMETHING THAT WAS, UH, POSSIBLY GOING TO TAKE PLACE IN EARLIER ITERATIONS OF THE PROPOSAL.
SO WE COMMEND THE APPLICANT FOR THAT.
UM, AND BEYOND THAT, UM, LIKE I SAID, WE'VE DRAFTED THIS RECOMMENDATION AND WE HAVE SOME LANGUAGE IN HERE.
IF THE BOARD, YOU KNOW, WANTS TO MODIFY IT, IT'S COMPLETELY UP TO THE BOARD.
I CAN READ THROUGH IT BRIEFLY.
ARE THERE ANY QUESTIONS ON THE RED LINE LANGUAGE? AND WOULD YOU AGREE WITH THE RED LINE LANGUAGE WE WILL INFUSE INTO THIS? THE COMMENTS FROM TONIGHT? JUST THE NOTE ABOUT LIGHTING AND SIGNAGE, KAREN? YES.
IF THERE ARE NO OTHER COMMENTS, UM, THAT WOULD BE JUST THE ONE VOTE TO CONSIDER EITHER A POSITIVE OR NEGATIVE RECOMMENDATION TO THE TOWN BOARD.
UH, THE TYPO IN HERE IS NEUTRAL.
RECOMMENDATIONS ON SITE PLANS.
SO, UM, TO EITHER ISSUE A POSITIVE OR NEGATIVE RECOMMENDATION TO THE TOWN BOARD WITH THE FINDINGS IDENTIFIED IN THE DRAFT AND THEN NOTED THIS EVENING.
I, I THINK I WILL, UH, IF YOU WANT ME TO GIVE IT, UH, MY SUGGESTION IS A POSITIVE RECOMMENDATION.
BUT JUST, JUST FOR MY EDIFICATION, ARE THERE STANDARDS FOR POSITIVE AND NEGATIVE? LIKE THERE ARE, OKAY.
LET'S DISTINGUISH IT BETWEEN SEEKER, RIGHT? POSITIVE, NEGATIVE, NEUTRAL ON SEEKER POSITIVE MEANING IT'S MAKING A GREAT IMPACT.
YOU KNOW, POSITIVE IMPACT ON THE COMMUNITY.
NEUTRAL, NO IMPACT, WHAT WHATSOEVER? NEGATIVE, OBVIOUSLY, UM, NOT A NEGATIVE IMPACT, THAT'S FOR SEEGER, BUT FOR OUR RECOMMENDATIONS TO THE TOWN BOARD, POSITIVE MEANS WE AGREE WITH THE PROJECT.
WE HAVE SOME, UH, ADDENDUMS THAT WE'RE ADDING NEGATIVE MEANS.
NO, I MEAN THAT'S IN SIMPLE TERMS, RIGHT? I CAN ELABORATE THAT ON THAT IS, UM, I CAN ELABORATE A LITTLE BIT MORE.
TYPICALLY A POSITIVE UM, WOULD ALSO INDICATE THAT THE APPLICANT AT THE TIME OF THE PLANNING BOARD'S REVIEW IS COMPLIANT WITH THE SITE, APPLICABLE SITE PLAN STANDARDS OF, UM, SECTION 2 85 DASH 54 A THROUGH K.
WHEREAS A NEGATIVE, THERE MIGHT BE AN INDICATION THAT THE APPLICANT HAS NOT, UH, APPROPRIATELY, YOU KNOW, MET ALL THE STAND ONE OR MORE OF THE STANDARDS WITHIN A THROUGH K.
RIGHT? SO I, I WOULD SUPPORT POSITIVE.
OH, SO IT'S JUST THE FOUR OF US.
SO THE MOTION, SO THE MO I I ONE OF YOU GUYS, OH YEAH.
UH, YEAH, I, I CONCUR POSITIVE BECAUSE I THINK THIS IS A GREAT IMPROVEMENT ON THE, ON THE, ON THE AREA.
THAT'S KIND OF LOOK VERY RUN DOWN.
SO I DON'T MIND FOR BRINGING, I, I'M SORRY, I, I, I MOVED TO ISSUE A POSITIVE RECOMMENDATION TO THE TOWN BOARD FOR THIS PROJECT WITH THE, THE ADDITIONS.
WITH THE ADDITIONS AS TO PREVIOUSLY DISCUSSED.
MAY I HAVE A SECOND? UH, IS SHE GOING? YOU CAN SAY IT SECOND I'LL SAY.
SO WE GOT THIS, UH, FINALIZED AND THEN WE'LL TRANSMIT IT TO THE TOWN BOARD AND COPY IT AS WELL.
AND LAST FOR ALL BUSINESS IS CASE NUMBER PB 2 4 0 9 2 4 0 9
[00:30:03]
CHOW AT CLAYTON ROAD, PRELIMINARY SUBDIVISION WETLAND WATER COURSE PERMIT TREE REMO REMOVAL PERMIT.I JUST WANT TO ALERT THE BOARD THAT, UM, AND THE APPLICANT'S REPRESENTATIVE WILL GO THROUGH THIS, BUT THERE HAVE BEEN SOME, UM, UPDATES.
I GUESS NEW INFORMATION HAS COME TO LIGHT WITH RESPECT TO THE PROJECT.
SO IN SPEAKING WITH THE CHAIR AND VICE CHAIR, WE HAVE ADDED THIS CASE ON FOR THE APPLICANT TO REVIEW, UM, WHAT HAS CHANGED ESSENTIALLY, AND THE NEW INFORMATION THAT'S COME TO LIGHT.
AND THEN, UH, WE WILL DO THAT IN WORK SESSIONS.
SO YOU'LL BE UPDATED HERE AT THE TABLE.
YOU CAN ASK ANY QUESTIONS THAT YOU HAVE.
WE ARE THEN GOING TO NOT BREAK, BUT ESSENTIALLY GO RIGHT UP TO THE DA HERE, PROBABLY THE SAME OR A SIMILAR PRESENTATION FOR THE BENEFIT OF THE PUBLIC AND SEE IF THERE ARE ANY PUBLIC COMMENTS.
THE, UH, INTRO, YOU KNOW WHO YOU ARE.
I'M BOB BRUSTEIN, UH, COUNSEL FOR THE APPLICANT, UH, THE CHA DAVID CHOW AND MARYANNE LAND CHOW.
UH, THE THINGS THAT ARE NEW, UM, SINCE WE LAST WERE BEFORE YOU IS WE PUT IN, UH, THE UPDATED TREE PERMIT APPLICATION, UH, AND, UH, LANDSCAPE PLAN.
AND, UH, IT WAS BROUGHT TO OUR ATTENTION THAT WE DIDN'T NAME THE, UM, PRIVATE ROAD.
SO WE NAMED THE PRIVATE ROAD AND PUT THAT ON THE PLAT.
UM, THERE WAS, UH, UH, A QUESTION FROM, UH, THE LAWYER, UH, WHO REPRESENTS THE, UH, A COMMENT FROM A LAWYER WHO REPRESENTS, UH, NEIGHBORING PROPERTY OWNERS, UH, WITH RESPECT TO COMPLIANCE WITH TOWN LAW TWO 80 A AND, UH, TOWN LAW TWO 80 A IS, UH, THE TOWN LAW VERSION OF ESSENTIALLY WHAT IS IN, UM, SECTION 2 85, 39, UH, C NINE OF THE, UM, UH, GREENBERG TOWN CODE, THE ZONING LAW, WHICH, UM, SO THEY'RE BASICALLY THE SAME FACT THAT GREENBERG LAW IS A LITTLE BIT, UH, HAS A DIFFERENT, UH, UM, UH, FRONTAGE REQUIREMENT THAN THE STATE LAW.
BUT IT HAS ALWAYS, FROM THE GET GO, BEEN OUR, UH, PURPOSE IN COMING FORWARD WITH THIS APPLICATION THAT WE ARE CONNECTING TWO RESIDENTIAL LOTS WITH AN ACCESS ROAD THAT HAS TO BE A TOWN ROAD THAT MEETS THAT SUITABLE MEETS TOWN STANDARDS.
IN FACT, I WENT AND CHECKED MY ORIGINAL TRANSMITTAL LETTERS TO YOU GUYS, UH, AND THAT'S WHAT WE SAID.
UM, UH, MY LETTER BACK IN MARCH OF 28TH, 2024, I, I LAID IT OUT AND RECITED THAT AND RECITED ALL THE REQUIREMENTS OF WHAT A TOWN ROAD IMPROVED, IMPROVED, WHAT A, WHAT A PRIVATE ROAD IMPROVED TO TOWN STANDARDS MEANS.
BUT THEN I SAID, BUT WHAT WE'RE DOING IS WE'RE GONNA MAKE IT, UH, A TOWN ROAD IMPROVED TO TOWN STANDARDS.
A PRIVATE ROAD IMPROVED TO TOWN STANDARDS IS NORMALLY 26 FEET WIDE, BUT WE WANTED TO MAKE IT NARROWER TO BE MORE CONSISTENT WITH, UH, UH, THE CHARACTER OF THE, OF THE NEIGHBORHOOD.
SO WHAT WE WERE PROPOSING WAS A 20 FOOT WIDE ROAD, RATHER THAN A 26 FOOT WIDE ROAD.
NOW, WE CALLED IT ACTUALLY, I THINK TOWN STAFF AND SOME OF YOU ALL CALLED IT A SHARED DRIVEWAY TO DIFFERENTIATE IT FROM A 26 FOOT WIDE ROAD.
BUT IT HAS TO ALWAYS BE UNDERSTOOD AND WAS ALWAYS UNDERSTOOD AS A, THE, A PRIVATE ROAD, UH, IMPROVED TO TOWN STANDARDS.
THE PLANNING BOARD HAS THE DISCRETION TO MODIFY THOSE STANDARDS.
WHY 20 FEET? WELL, 20 FEET IS WHAT'S NECESSARY FOR FIRE EMERGENCY ACCESS.
SO THAT'S WHY WE DID IT WITH AT 20 FEET, UM, AS OPPOSED TO BEING NARROWER OR, OR, OR, YOU KNOW, IT DIDN'T HAVE TO BE WIDER, BUT 20 FEET WITH THAT UNDERSTANDING, WE NEEDED VARIANCES AND WE GOT THE VARIANCES.
ALL THE VARIANCES THAT, THAT THE BUILDING INSPECTOR SAID WE NEEDED, WE GOT, UH, AND, AND YOU ALL WEIGH IN ON THEM.
SO THAT'S THE ONLY THING NEW IS WE SUBMITTED A REVISED PLAT WITH THE NAME OF THE ROAD ON IT.
AND, UH, THAT'S, UH, UH, TREE AND THE
[00:35:01]
TREE PER OH, THE TREE PERMIT.ELLIOT REMIND YEAH, THE TREE PERMIT, UH, YEAH.
AND, UH, THAT ELLIOT WORKED OUT WITH, WITH TOWN STAFF, AND IT IS WHAT IT IS.
UH, IF YOU HAVE ANY QUESTIONS ABOUT THE TREE PERMIT, ASK ELLIOT.
SO, THANK YOU, UH, BOB, FOR ADDRESSING, UH, MR. BERNSTEIN FOR ADDRESSING THE COMMENT, UM, FROM THE, UH, NEIGHBOR'S ATTORNEY.
UH, WE APPRECIATE THE CORRESPONDENCE.
AND I JUST WANTED TO ADD, SO IN LOOKING INTO SOME OF THE CASE LAW AT TWO 80 A I THINK ONE NUANCE TO NOTE IS THAT, UM, YOU CAN'T HAVE A SHARED, UH, EASEMENT.
SO IT'S, IT'S NOW PROPOSED THAT THERE'S GONNA BE A SPLIT OF OWNERSHIP BETWEEN THAT ACCESS WAY, ALSO A PRIVATE ROADWAY.
SO SOME OF THOSE TERMS WERE USED INTERCHANGEABLY BY THE ZONING BOARD, UM, AS IT'S BEEN DONE WITH THIS APPLICATION.
WHAT DOES THE SPLIT OF OWNERSHIP MEAN? UM, EACH PROPERTY OWNER WILL OWN HALF OF THE ROAD LEFT AND RIGHT, OR, AND, AND BOTTOM LEFT AND RIGHT.
SO IT'S NOT JOINTLY ON THE SIDE OF THERE, UM, EACH SIDE.
SO THEY'RE HALF, THEY'RE 10 FOOT, YES.
AND RESPONSIBLE FOR THAT YES AS WELL.
SO WHAT HAPPENS WHEN THEY HAVE CLEAN THE SNOW? SO HOLY HELPS.
THEY DON'T HAVE A KIND OF, UM, HA OR SOMETHING.
THERE WAS A DISCUSSION, ACTUALLY, I WANT CORRECT THAT BECAUSE I THINK I THOUGHT THAT THROUGH, AND I THINK WHAT MAKES MORE SENSE OUT TO THE MIC.
WHAT I THINK MAKES MORE SENSE IS THAT, UH, THE ACCESS LOT BE OWNED JOINTLY BY THE TWO OWNERS, BY EACH OWNER.
AND SO THAT, UH, IF IT'S OWNED JOINTLY, THEY'RE JOINTLY AND SEVERALLY LIABLE FOR THE REMOVAL OF THE SNOW AND THE ICE AND ALL THAT KIND OF RATHER THAN TO SPLIT IT DOWN THE MIDDLE.
SO THAT'S JOINTLY, THAT MAKES MUCH JOINTLY OWNED JOINTLY AND SEVERALLY LIABLE FOR THE MAINTENANCE OBLIGATION THAT COMES WITH IT, UH, JOINTLY AND SEVERALLY LIABLE FOR MAKING SURE NO ONE PARKS ON IT AND BLOCKS, UH, FIRE ACCESS, THAT SORT OF THING.
BUT I'M SORRY, WHEN YOU SAY JOINTLY AND SEPARATELY OWNED, DOES THAT CHANGE? SO IF ONE HOMEOWNER SELLS, THEY STILL HAVE THE ABILITY THAT THAT GOES WITH THE DEED? YES, IT GOES WITH THE DEED.
UM, THEY BUY THE RESIDENTIAL LOT.
THEY HAVE, THEY HAVE, THEY, UH, OWN, UH, THE ACCESS LOT TOO.
WITH THE NEIGHBORING PROPERTY OWNER IN COMMON, IN COMMON.
SO YOUR NAME AND ADDRESS, AND IF YOU CAN WALK US THROUGH WHAT HAPPENED WITH THE TREES, WHAT THE COUNT WAS PREVIOUSLY, AND HOW THAT, WHAT THAT WAS BASED ON, OR APPROXIMATELY ON THE TEXT AND WHAT HAS CHANGED, AND THEN THE SPECIES.
AND I CAN PROBABLY FILL IN SOME OF THE BLANKS.
I'M GONNA SHARE THE SCREEN TO BRING UP THE, UH, PLAN FOR THE BENEFIT OF EVERYONE.
SO WHEN WE FIRST STARTED THIS PROJECT, IT WAS MAYBE 10 YEARS AGO.
UH, WE'VE BEEN WORKING ON THIS WHEN WE, WHEN WE ORIGINALLY APPEARED TO, UH, DEVELOP IT AS A SINGLE LOT, UH, WE WERE ONLY CONCERNED WITH THE TREES ON WHERE WE WERE BUILDING.
UM, SINCE WE'VE COME BACK, WE NOW HAD A, A CONCERN ABOUT TREES ON THE WHOLE PROPERTY.
UH, WE SENT OUT AN ARBORIST TO DO A TREE CONDITION REPORT, AND HE SAID A LOT OF THE TREES THAT WEREN'T OF SIZE BEFORE OR SIZE NOW, UH, THERE ARE ADDITIONAL TREES ON THE, ON THE RIGHT SIDE THAT WE REALLY DIDN'T PAY ATTENTION TO ORIGINALLY, UH, BECAUSE WE WEREN'T, UM, DEVELOPING THAT AREA.
SO, UH, HE WENT OUT, SAID THERE'S A LOT MORE TREES THAT WERE, THAT, UH, NEEDED TO BE SHOWN.
UM, I WOULD SAY TWO THIRDS OF THE ADDITIONAL TREES ARE, ARE, UM, INVASIVE SPECIES.
UM, SO IN ANY EVENT, UH, THE ARBORISTS CAME OUT WITH A LONG LIST OF TREES, TREES AND SPECIES.
HE DID THE WHOLE, UM, UH, CONDITION AND SPECIES LIST SO THAT WE CREATED OUR, UM, TREE PERMIT OR REMOVAL PERMIT FROM, UH, AND CONDUCTED THE EYE TREE CALCULATIONS.
SO, SO NOW WE, SO NOW WE DID THE EYE TREE CALCULATION BASED ON THE TREES THAT WERE COMING DOWN.
UH, WE SUBMITTED A LONG LIST OF THE TREES THAT WERE COMING DOWN.
I THINK WE ONLY NEEDED TO, TO ADD, I DON'T KNOW, I FORGET HOW MANY, BUT IT WAS MAYBE A HALF A DOZEN TREES IN ORDER TO MEET THE REQUIREMENT FOR THE EYE TREE.
[00:40:01]
UM, PLANTING IN A LOT MORE, I THINK MAYBE, UH, SAY 20, UH, 2020 MORE TREES THAN IS REQUIRED AROUND THE OUTSIDE OF THE PERIMETER.AND, UH, SOME SCREENING TREES.
UM, I TRIED TO MAKE A, UH, SORT OF A TREE LINED, UH, DRIVEWAY WITH, UH, WITH TREES ALTERNATING ON EACH SIDE.
UH, I THOUGHT THAT WOULD BE, UH, VERY A STATUS.
UM, AND THEN WE DID SOME ADDITIONAL TREES, UH, SOME, SOME, UH, SCREENING HERE, SOME SCREENING HERE, AND SOME SCREENING, UH, HERE AND HERE.
SO WE TRIED TO FILL IN THE SPACES AROUND, UH, THE PROPERTY PERIMETER WITH SOME ADDITIONAL TREES.
AND THAT WAS REVIEWED BY OUR OFFICE.
OUR OFFICE MADE SOME RECOMMENDATIONS FOR THE ADDITIONAL SCREENING.
THE APPLICANT WAS AGREEABLE TO IT.
UM, THE LANDSCAPE PLAN IS PREDOMINANTLY NATIVE SPECIES.
THEY ARE REMOVING, UM, I BELIEVE IT'S 67 OUT OF NORWAY MAPLES 60, UH, I'M SORRY, 76 INVASIVE SPECIES.
SO WHAT STRUCK ME IS THAT, YOU KNOW, THE TREE COUNT WENT FROM, YOU KNOW, AROUND 20, 20 SOME ODD TREES UP TO OVER 100 TREES AND, YOU KNOW, OKAY, WELL, AS AN ARBORIST, THE FIRST THING I THINK OF IS, UM, WELL, IT COULD HAVE BEEN A STAND OF INVASIVES THAT WERE LESS THAN THE THRESHOLD SIZE 10 YEARS AGO WHEN THEY WERE LAST OUT THERE.
BUT INVASIVE SPECIES GROW QUICKLY, UH, AS MOST OF US, IF NOT ALL OF US KNOW.
AND OVER THE 10 YEARS GREW TO A SIZE THAT IT THEN EXCEEDED THE NEW, THE THRESHOLDS OF THE TREE ORDINANCE.
AND THAT ACTUALLY PROVED OUT, AS MR. SINOR MENTIONED, THERE WERE SOME OTHER TREES KIND OF ALONG THE PERIMETER AND AREAS THAT THEY WERE NOT GOING TO DISTURB IN THE PRIOR PLAN FROM, YOU KNOW, MANY YEARS AGO THAT ARE NOW, YOU KNOW, WITHIN A DISTURBANCE ZONE.
SO THOSE HAD TO BE ADDED AND WERE NOT PICKED UP ON THE INITIAL APPLICATION TO THE BOARD.
BUT, UM, THIS PROJECT WENT THROUGH A PUBLIC HEARING PREVIOUSLY, AND THE BOARD CLOSED SUBJECT TO RECEIVING THE ADDITIONAL INFORMATION.
AND THEN ONCE STAFF IDENTIFIED, OBVIOUSLY THROUGH THE PLAN THAT, UM, YOU KNOW, THE TREES FAR EXCEEDED WHAT WAS REPRESENTED PREVIOUSLY, WE WANTED TO BRING IT BACK INTO WORK SESSION TO UPDATE THE BOARD.
UM, WITH THAT SAID TO CONSIDER AN AMENDING THE SECRET DETERMINATION, UM, AND THEN ALSO TO HAVE AN ADDITIONAL PUBLIC HEARING SO THAT, YOU KNOW, THE PUBLIC HAD AN OPPORTUNITY TO COMMENT ON THE CHANGES BEYOND THAT, AS MR. BERNSTEIN MENTIONED, UH, WE ARE GOING THE DIRECTION PURSUANT TO CODE, TO HAVING APPLICANTS IDENTIFY THE PROPOSED ROADWAY NAME ON THE PLAT PRIOR TO PRELIMINARY SUBDIVISION APPROVAL SO THAT IT CAN BE PROPERLY RECORDED AND CONDITIONED.
AND THE APPLICANT HAS DONE THAT NOW IN THIS CASE, VERSUS HAVING, YOU KNOW, TO BE DETERMINED AT A LATER DATE.
IT GETS CONFUSING AND PER CODE IT WITH SUBDIVISIONS.
IT IS, UM, YOU KNOW, THE PLANNING BOARD HAS OVERSIGHT ON THE ROAD NAMING.
I HAVE ONLY QUESTION ABOUT THE TULIP TREE, WHICH IS 34 EACH DIAMETER.
WHERE IS IT? UH, DO YOU KNOW WHAT TREE NUMBER IT IS? DOES IT STATE THAT? 26.
THAT'S A, THERE, IT'S, WE CAN SAVE THAT.
IT'S RIGHT IN AT THE FRONT HOUSE OF THE FRONT DOOR OF THE HOUSE.
CAN CAN IT BE SHIFTED OR SOMETHING TO SAVE THAT? 'CAUSE THAT'S A BEAUTIFUL TREE.
WELL, AND IT'S LIKE, IT'S A HUGE TREE.
I GET A BEAUTIFUL TREE IS SUBJECTIVE.
UH, YOU KNOW, I HAVE TULIP TREES IN MY YARD AND I HATE 'EM BECAUSE THEY DROP ALL THAT, ALL THOSE SEED POD OR WHATEVER ON THE, ON THE YARD.
BUT I MEAN, WE'D HAVE TO MOVE THE HOUSE, YOU KNOW, 20 OR 30 FEET IN ORDER TO BE FAR ENOUGH AWAY FROM IT.
AND THERE'S NO REAL, YOU KNOW, WAY ALL THE TREES AROUND IT ARE COMING, ARE COMING DOWN.
I MEAN, THE LOCATION'S A LITTLE DIFFICULT.
WE DID LOOK AT, WE WANTED, I DID LOOK AT NATIVE TREES THAT WERE OF LIKE A SIGNIFICANT SIZE.
UM, BUT WITH GRADING AND IMPROVEMENTS, IT'S DIFFICULT.
ONE OF THE THINGS THAT I HAVE, I NOTICED AS AN ARBORIST IS IF YOU'RE NOT GIVING THAT CRITICAL ROOT ZONE FULL PROTECTION DURING THE COURSE OF DEVELOPMENT AND LIKE, LIKE, UM, CHAINING, CHAINING IT OFF WITH CHAIN LINK FENCING THAT, I MEAN, IF YOU YEAH, SURE.
IF THERE'S DISTURBANCE DURING THE CONSTRUCTION PERIOD.
SO EFFORTS ARE TAKEN TO TRY AND PRESERVE IT, AND THEN THERE'S, UM, WHETHER IT'S INADVERTENT COMPACTION OR DAMAGE OR WHAT HAVE YOU, THEN YOU'VE GOT A BUILT OUT SITE.
THE TREE DOESN'T DIE OVERNIGHT.
[00:45:01]
AND STEADY DECLINE.AND THEN YOU'VE GOT THIS HUGE TREE, YOU KNOW, POTENTIALLY WITHIN 20 OR 30 FEET OF A HOME AND OTHER IMPROVEMENTS THAT'S NOW DYING BECAUSE OF, YOU KNOW, CONSTRUCTION RELATED, UM, IMPACTS.
AND THEN YOU'VE GOTTA DEAL WITH THAT ON THE BACK END.
SO WHAT WE, WE DO TRY AND WHEN THERE ARE OPPORTUNITIES TO PRESERVE THAT ENTIRE CRITICAL ROOT ZONE WILL POINT THAT OUT, UM, AND TRY TO HAVE THOSE TREES PRESERVED.
OTHERWISE, YOU KNOW, WE'VE JUST FOUND THAT THE IMPACTS ARE TOO GREAT AND THE TREE ENDS UP DECLINING AND AND DYING.
WHERE IS THE TREE NUMBER? 20? I THINK THAT'S ANOTHER ONE.
THERE'S A SEWER AND OTHER UTILITIES.
SO I ALSO HAVE A QUESTION, UM, FOR YOU REGARDING THE RECOMMENDATION.
SO IF YOU CAN, IF YOU CAN SAVE THAT ONE.
I MEAN, YOU, I DON'T KNOW WHAT'S THE REASON FOR IT THOUGH, BUT RIGHT.
I MEAN, WELL, THERE'S UTILITY GOING, RIGHT? WELL, EVEN IF WE MOVE THE UTILITY, IT'S, IT'S RIGHT IN, IT'S JUST OFF THE EDGE OF THE HOUSE.
YOU KNOW, IT'S, IT'S, SO ARE WE ASKING TO, TO REDUCE THE NUMBER OF TREES THAT THEY HAVE TO REMOVE? NO.
OR ARE WE ASKING TO SAVE SPECIFIC TREES? YEAH, SPECIFIC TREES THAT SIGNIFICANT SIZE.
SO, SO LET ME POINT OUT SOME OF THE WORK WE DID DO TOGETHER.
IN THE REAR OF THIS SAME LOT, THERE'S A 36 INCH MAPLE TREE, AND THAT'S BEING PRESERVED.
THERE'S GONNA BE TREE PROTECTION, IT'S SHOWN ON THE PLAN THAT'S GONNA BE VERIFIED IN THE FIELD.
THERE WILL BE CHAIN LINK FENCING PUT AROUND IT.
IT'S FAR ENOUGH AWAY FROM THE HOME, UM, THAT THE ENTIRE CRITICAL ROOT ZONE CAN BE PROTECTED DURING THE COURSE WHEN YOU HAVE TREES CLOSE TO IMPROVEMENTS.
UM, I MEAN, I CAN, IT MAKES IT MORE DIFFICULT.
THERE'S A 30 INCH OAK TREE IN THE CORNER HERE THAT'S WELL OUTSIDE OF ANY AREA THAT THEY'RE GONNA PRESERVE.
UM, AND THEN NO, I'M SURE YOU AND IT, BUT IT JUST, A COUPLE OF THEM JUST STAND OUT TO ME MM-HMM
THAT IF WE CAN TRY TO SAVE THEM, THERE'S SOME HICKORIES ALONG THE PERIPHERY.
WELL, I THINK 26 IS GONNA BE SUPER DIFFICULT.
UM, ONE THING THE APPLICANT CAN CONSIDER AND MAYBE SPEAK TO THE ARBORIST, IS THERE AN OPPORTUNITY TO PRESERVE TREE NUMBER 20 AND OR ANY OTHER TREES THAT ARE, WELL, IF YOU'RE TAKING OUT THE OTHER, THE OTHER TWO NEXT TO IT, THERE'S THREE TREES IN OUR GROUP THERE.
AND WE CAN'T TAKE OUT THE, YOU CAN'T PRESERVE, I DON'T, WELL, I'M NOT AN ARBORIST, BUT IF YOU TRY AND TAKE OUT THE MIDDLE TREE, THEN THE OTHER TREE, YOU CAN'T TAKE OUT THE OTHER TWO TREES.
SO IT REALLY IS BEING CROWDED.
THERE'S THREE TREES, CLOSE PROXIMITY.
IS IT SOMETHING THAT CAN BE DISCUSSED WITH THE ARBORIST? SO, SO THE YEAH, ABSOLUTELY.
THE, IF WE CAN SAY, THIS TAKES A LONG TIME TOO.
SO HOW WOULD WE, WE, HOW WOULD WE POSE THE RECOMMENDATION? SO THE OTHER THING I WANTED TO SAY IS THAT, UM, THESE AREN'T ABSOLUTE, UM, A LOT OR HOUSES.
THE INTENT OF MR. CHOW IS TO SELL OFF THE LOTS AND, AND SOMEBODY ELSE BUILD A HOUSE.
NOW THEY MIGHT NOT HAVE THE SAME CONFIGURATION THAT WE HAVE.
SO, SO 26, I DON'T THINK WE CAN SAY, BUT WE CERTAINLY CAN SAY THAT, YOU KNOW, THAT WE CAN TALK TO THE ARBORISTS ABOUT, UM, 20, UM, THE CLUSTER.
I WOULDN'T, I WOULDN'T, THIS IS ALSO A MAXIMUM, RIGHT? THIS IS A MAXIMUM, A LIMITED DISTURBANCE.
WELL, ONE, ONE IDEA, SORRY TO INTERRUPT, IS THAT, YOU KNOW, SO THE BOARD'S HAVING THIS WORK SESSION TO GET UPDATED, UM, RIGHT.
THESE FOLKS ARE NOT GONNA BE THE ONES CARRYING OUT THE BUILDING.
IF THIS TRANSITIONS TOWARDS A DECISION, THE BOARD MAY, AND, YOU KNOW, FEEL FREE TO CHIME IN, BUT THE BOARD MAY SAY THAT WOULD LIKE ANY FUTURE DEVELOPER TO WORK WITH STAFF AND THE TOWN FORESTRY OFFICER TO PRESERVE AS MANY WORTHWHILE NATIVE SPECIES THAT ARE ON THE SITE IN CONNECTION WITH THE BUILDUP.
AND THAT'S SOMETHING THAT CAN BE HANDLED.
YEAH, I CAN ADD MORE THAN 12 EACH.
THAT'S LIKE A FAIR AND PRACTICAL SOLUTION.
ANYTHING ELSE FOR THE BOARD? UM, I DID HAVE A QUESTION.
UM, THROUGHOUT THE RECOMMENDATION, YOU HAVE SHARED PARKING.
IS IT POSSIBLE TO CHANGE IT TO WHAT HE, UM, THE, THE PHRASE THAT YOU JUST USED IN TERMS OF JOINT OWNERSHIP? SO, I MEAN, I DIDN'T SAY, I DIDN'T MEAN TO SAY SHARED PARKING.
SO NOW THAT WE'VE HAD THE WORK SESSION UPDATE, IF THERE AREN'T ANY OTHER QUESTIONS OR THAT IF THERE ARE, THEN WE SHOULD ASK THEM
[00:50:01]
IF THERE ARE NOT BEFORE GOING INTO PUBLIC HEARING, UM, THE PLANNING BOARD HAS TO CONSIDER AMENDING ITS SECRET DETERMINATION.SO WE CIRCULATED A RED LINED VERSION OF THAT.
UM, IT IDENTIFIES NOW THAT YOU KNOW THE TOTAL NUMBER OF TREES, HOW MANY INVASIVE SPECIES, THE UPDATED LANDSCAPING.
UM, IT ALSO IDENTIFIES THAT THIS IS A PROPOSED SHARED PRIVATE ROADWAY.
I THINK THE QUESTION FROM THE CHAIR WAS, AND I'LL LEAVE IT TO MS. MAGNA TO RESPOND, IS, UH, COULD WE UPDATE THAT TO SAY SHARED PRIVATE ROADWAY JOINTLY AND SEVERALLY OWNED YES.
SO WE CAN CERTAINLY, I'LL JUST MAKE THAT NOTE BEYOND THAT.
WE HAVE IN HERE HIGHLIGHTED THE FACT THAT THE VARIANCES WERE APPROVED, BUT THAT LANGUAGE HASN'T CHANGED.
UM, ASIDE FROM UPDATING TO REFLECT A SHARED PRIVATE ROAD JOINTLY AND SEVERALLY MAINTAINED AND, UM, OWNED, THE ONLY OTHER MATERIAL CHANGE IS THE UPDATING OF THE TREE REMOVALS AND THE, AND THE LANDSCAPING REFLECTIVE OF THIS UPDATED PLAN.
UH, UNLESS THERE ARE ANY QUESTIONS THE BOARD COULD CONSIDER AMENDING ITS, UH, SEEKER NEGATIVE DECLARATION.
SO THERE'S NO QUESTIONS OR COMMENTS ON THE WORDING OF THE SEEKER? SO WE LIKE TO, UM, WELL, IT'S AS AMENDED BY IT WOULD BE AN AMENDED SEEKER NEGATIVE DECLARATION.
DID YOU READ THROUGH IT? YOU'RE GOOD? YEAH.
OH, AS AMENDED AS, BECAUSE YOU'VE ADDED THIS LANGUAGE.
ALL OPPOSED? AND THAT WAS DYLAN ON THE SECOND.
SO WE'RE GONNA GO UP TO THE DE DO IT AGAIN AND THEN, UM, YOU KNOW, OPEN IT UP FOR PUBLIC COMMENTS.
WE ARE NOT GONNA TAKE A BREAK BECAUSE WE'RE GONNA TAKE A BREAK LATER.
GOOD EVENING AND WELCOME TO THE SEPTEMBER, UH, 29TH PLANNING BOARD MEETING, PUBLIC HEARING.
THE CASE WE'RE HEARING NOW IS CASE NUMBER PB 24 DASH ZERO.
MAY I HAVE A ROLL CALL? MS. DAVIS.
HERE, NOTE FOR THE RECORD THAT BOARD MEMBER JOHANN SNAGS IS NOT PRESENT AND MS. ANDERSON WILL BE A FULL VOTING MEMBER.
UH, THE CASE WE'RE HEARING NOW IS CASE PB 24 0 9 CHOW AT CLAYTON ROAD.
AND AT, UH, THIS IS BOB BERNSTEIN.
COUNSEL FOR THE APPLICANT WITH ME IS ELLIOT SINNER, UH, OUR ENGINEER ON THE PROJECT.
AND, UH, UH, SINCE THE LAST PUBLIC HEARING, UH, ON THIS MATTER, UH, WE HAVE A, UH, NEW TREE PERMIT APPLICATION, UH, WHICH, UH, MR. CENTER CAN SPEAK TO.
UM, WE'VE ALSO, UH, UPDATED THE PLA TO REFLECT THAT THE, UH, PRIVATE ROAD THAT WILL BE CONNECTING THE TWO RESIDENTIAL LOTS HAS BEEN NAMED GOLDEN WAY.
UM, AND THE, UH, UH, UH, THERE'S A, A REVISED LANDSCAPING PLAN.
AGAIN, MR. CENTER COULD SPEAK TO.
UH, THERE WERE QUESTIONS RAISED ABOUT, UM, COMPLIANCE WITH TOWN LAW TWO 80 A, UM, TWO 80 A IS, UH, THE STATE LAW ANALOG TO, UH, WHAT'S ALREADY IN THE ZONING LAW IN GREENBURG, SECTION 2 85.
39, UH, C NINE, UM, WHICH SETS FORTH, UH, REQUIREMENTS FOR WHEN YOU HAVE, UM, RESIDENTIAL LOTS THAT ARE, UM, THAT DON'T HAVE ACCESS TO A PUBLIC STREET.
UH, AND YOU WANT TO CONSTRUCT A PUBLIC STREET TO CONNECT, UH, CONSTRUCT A STREET TO CONNECT THEM.
UM, YOU HAVE TO HAVE A ROAD SUITABLY IMPROVED TO TOWN STANDARDS.
AND, AND, UH, THAT HAS ALWAYS BEEN THE PROPOSAL HERE TO DO THAT.
THE ONLY WRINKLE WAS WE FELT, UH, UH, THAT IT SHOULD BE A NARROWER ROAD BECAUSE THAT WOULD BE MORE IN HARMONY WITH THE, WITH THE, UH, CHARACTER OF THE COMMUNITY.
UH, WOULD, UH, UH, RESULT IN FEWER TREES HAVING TO BE
[00:55:01]
CUT DOWN.UH, AND IT WOULD, UH, UH, BASICALLY, UM, UH, THAT WAS ESSENTIALLY IT.
IT WAS BASICALLY TO, TO, UH, UH, TRY TO PRESERVE THE LANDSCAPE AS MUCH AS POSSIBLE, UM, AS OPPOSED TO A 26 FOOT WIDE ROADWAY, WHICH, UH, WOULD BE, WE FELT NOT IN KEEPING WITH THE CHARACTER OF THE COMMUNITY.
AND WE OBTAINED THE VARIANCES TO DO THAT, TO DO PRECISELY THAT, TO HAVE A 20 FOOT FOOT WIDE ROADWAY.
UH, AND THE REASON FOR 20 FEET WIDE IS THAT 20 FEET WIDE IS THE, UM, UH, WIDTH THAT THE FIRE DEPARTMENT NEEDS TO HAVE ACCESS TO BE ABLE TO HAVE INGRESS, UH, AND, AND, AND THAT SORT OF THING.
SO IT'S CONSISTENT WITH THE, WITH THE FIRE CODE.
UM, WITH THAT, UH, ELLIOT, DO YOU WANNA SAY A FEW WORDS ABOUT THE TREE THING? UM, GOOD EVENING, ELLIOT.
CR UM, SO, UH, AS WE HAD STATED A FEW MINUTES AGO IN THE WORK SESSION, UH, WE ORIGINALLY STARTED THIS PROJECT ABOUT 10 YEARS AGO.
UM, AND OVER THE COURSE OF THE LAST 10 YEARS, UH, TREES OF COURSE GROW, UH, AND THE INVASIVE TREES GROW FASTER THAN, FROM WHAT I HEAR, FASTER THAN, UH, THAN OTHER TREES.
UM, SO WE HAVE, UH, WHEN WE SENT OUT THE ARBORIST TO GIVE US A CONDITION REPORT, UM, OF THE TREES THAT WE HAD ON OUR PLAN, HE SAID THAT THERE ARE MANY MORE TREES THAT NEED TO BE SHOWN.
UH, AND SO NOW WE SHOW, UM, ALL OF, ALL THE TREES THAT ARE THERE, I THINK TWO THIRDS OF THEM, IF NOT MORE, ARE INVASIVE SPECIES.
UM, AND THE REST OF THE TREES THAT WE'RE GONNA BE REMOVING AS PART OF THE PROJECT, WE DID AN EYE TREE ANALYSIS THAT WE SUBMITTED.
UM, THE ANALYSIS SHOWED THAT WE NEEDED TO PLANT, UM, A DOZEN TREES OR SO.
UM, WE ENDED UP, UH, SHOWING, UM, UH, 35 OR 37, UH, TREES IN TOTAL, WHICH IS WELL ABOVE THE, UM, MINIMUM REQUIRED BY I TREE.
UH, WE SHOW, UM, UM, A, A SORT OF A TREE LINED AWAY GOLDEN WAY WILL BE, UH, HAVE SOME TREES PLANTED, STAGGERED ON EACH SIDE.
AND I, I THOUGHT IT WOULD BE A NICE ESTATE LOOKING, UM, TREE LINED ROAD.
UH, WE THEN PLANTED, UH, A COUPLE OF RED BUDS AND, AND THINGS IN THE MIDDLE, AND THEN SOME SCREENING TREES AROUND THE OUTSIDE ON VARIOUS PLACES WHERE WE FELT THAT THERE WERE, UM, HOLES IN THE, UH, IN THE NATURAL LANDSCAPE.
UM, THOSE TREES ARE ABOUT 20, 25, 20 FEET APART, UH, TO GIVE THEM A CHANCE TO GROW AND, UM, NOT BE OVERCROWDED.
UM, I THINK THAT'S, THANK YOU.
AND WE'RE ON THE TOPIC OF TREES.
THERE WAS DISCUSSION AT THE WORK SESSION ABOUT, UM, POSSIBLY THE PLANNING BOARD IF IT WERE TO MOVE FORWARD WITH THE DECISION CONDITIONING THAT ANY FUTURE BUILDER OF, UH, THE LOTS, YOU KNOW, WORK WITH TOWN STAFF AND THE TOWN FORESTRY OFFICER TO, UM, ATTEMPT TO PRESERVE ANY LARGE STATURE TREES THAT THERE MAY BE AN OPPORTUNITY TO DO SO.
YEAH, WE HAVE NO PROBLEMS WITH THAT STIPULATION THAT, THAT'S RIGHT.
UH, BECAUSE IT'S IMPORTANT TO REMEMBER THAT THIS IS A PRO PROFORMA TREE PERMIT, AND THIS IS A PROFORMA, UH, UH, UH, PLOT.
UM, THAT WE DON'T HAVE ANY DEVELOPER READY TO APPLY FOR A BUILDING PERMIT.
UM, WHEN A BUILDING PERMIT, WHEN, WHEN THE, THE LAND IS SOLD AND A DEVELOPER, UM, WANTS TO APPLY FOR A BUILDING PERMIT.
THE KINDS OF RECOMMENDATIONS, UH, THAT YOU MAKE OR CONDITION THE APPROVAL ON, I THINK WOULD BE PART OF WHAT THE DEVELOPER WOULD HAVE IN FRONT OF HIM WHEN HE BIDS ON THE PROPERTY AND WOULD KNOW THAT, UH, TO COME FORWARD WITH A PLAN FOR HOUSES, UM, IS GONNA REQUIRE CONSULTATION WITH STAFF TO MINIMIZE THE NUMBER OF TREES THAT HAVE TO BE REMOVED, IF POSSIBLE.
UH, AND ALSO TO RELOCATE THE HOUSES IF POSSIBLE.
ANY QUESTIONS FROM, ANY QUESTIONS FROM THE BOARD OTHERWISE WE CAN GO TO OR FOR, IS THERE ANYONE IN THE AUDIENCE WHO HAS, WHO'D LIKE TO SPEAK? CAN WE SEE A SHOW OF HANDS OF THOSE IN THE AUDIENCE THAT WOULD LIKE TO SPEAK ON THIS PROJECT? IS IT JUST THE ONE GENTLEMAN? AND DO WE HAVE ANYBODY? 'CAUSE I JUST WANNA MAKE AN ANNOUNCEMENT.
IS THERE ANYONE ON ZOOM THAT WISHES TO SPEAK TO THIS APPLICATION? I DO BELIEVE I DID CIRCULATE THE LINK.
[01:00:01]
BUT YOU CAN.UM, SO AS WE, AS WE'RE HAVING THIS PUBLIC HEARING, YOU MAY HEAR SOME OF YOUR NEIGHBORS EXPRESS OPINIONS THAT ARE EXACTLY LIKE YOUR OWN.
SO WE ASK, UH, JUST IN BECAUSE OF TIME THAT IF THAT'S THE CASE, YOU ALLOW THAT TO STAND.
UH, MY NAME IS STEVEN FEINSTEIN.
I'VE HAD THE PRIVILEGE OF APPEARING BEFORE THIS BOARD IN THE PAST.
UH, I REPRESENT, UH, UH, A LITTLE BIT MORE THAN A HALF A DOZEN NEIGHBORS IN DIRECT PROXIMITY TO THE SITE, UH, WHO HAVE VOICED THEIR OPPOSITION TO THE SUBDIVISION ON A NUMBER OF LEVELS.
UM, AND THANK YOU FOR THE OPPORTUNITY TO SPEAK TONIGHT.
UM, WE BECAME AWARE THAT THE CLOSED PUBLIC HEARING HAD BEEN REOPENED FOR TONIGHT, UH, ON FRIDAY.
UM, I NOTED THAT, UH, MR. BERNSTEIN'S MS LETTER TO THE BOARD, AND THE NEW PLAN WAS DATE STAMPED IN ON THE 25TH OF SEPTEMBER.
SO JUST A HANDFUL OF DAYS AGO.
SO RESPECTFULLY, WE'VE ONLY HAD A VERY SHORT PERIOD OF TIME TO LOOK AT THE AMENDED SITE PLAN, AND I SUBMIT TO YOU THAT THIS IS NOT ABOUT TREES WHATSOEVER.
THE REASON THAT THIS AMENDED SITE PLAN EXISTS IS BECAUSE OF MY LETTER OF THE 19TH OF AUGUST, WHICH I WROTE WHILE THE RECORD WAS STILL OPEN, IN WHICH I POINTED OUT THAT THE APPLICANT HAD FAILED TO COMPLY WITH TOWN LAW SECTION TWO 80 A.
AND IN FACT, IN MR. BERNSTEIN'S LETTER OF THE 25TH OF SEPTEMBER, HE MENTIONED WITHOUT REFERENCE TO ME SPECIFICALLY THAT LETTER.
UM, AND THE REASON THAT THAT IS IMPORTANT IS BECAUSE THE TOWN LAW SECTION TWO 80 A AS UH, CODIFIED IN THE LOCAL LAW HERE REQUIRES THAT THESE PROPOSED SUBDIVIDED LOTS, THESE RESIDENTIAL LOTS THAT DON'T HAVE ACCESS ON A PUBLIC STREET, HAVE ACCESS BY WAY OF A PROPERLY IMPROVED STREET STREET.
AND SO THROUGHOUT THIS APPLICATION PROCESS, DESPITE COUNSEL TELLING YOU THAT IT WAS ALWAYS THEIR INTENTION THAT THIS BE A PRIVATE ROAD, WHAT THEY DID WAS SEEK AN APPROVAL BASED ON THE ACCESS WAY STATUTE THAT EXISTS IN THIS MUNICIPALITY THAT SAYS A DRIVEWAY CAN BE USED TO PROVIDE ACCESS.
A DRIVEWAY, NOT A STREET, NOT A PRIVATE STREET, NOT A EASEMENT, A DRIVEWAY.
SO IF THIS LOT, LOT NUMBER THREE ON THE SUBDIVISION IS ALLOWED TO NOT COMPLY WITH THE BULK REGULATIONS IN AN R 30 ZONE, DOESN'T HAVE 30,000 SQUARE FEET, DOESN'T HAVE SETBACKS, DOESN'T HAVE ALL THE RE REQUIREMENTS, THE ONLY WAY THAT THAT COULD POSSIBLY OCCUR IS IF THE ACCESS WAY STATUTE ALLOWS THIS TO BE A DRIVEWAY.
THAT WAS THE BASIS UPON WHICH THIS APPLICATION WAS MADE.
AND SO HERE WE ARE AFTER THE PUBLIC HEARING WAS CLOSED, IT'S BEEN REOPENED VERY QUICKLY, HAPPY TO BE HERE TONIGHT.
AND IT'S, YOU'RE BEING TOLD THAT THE CHANGES, WE ADDED THE NAME, THAT'S, THAT'S NOT THE CHANGE.
THE CHANGE IS THIS IS NOW MORPHED INTO A PRIVATE DRIVE A STREET.
AND THE REASON IT'S MORPHED INTO A STREET IS BECAUSE IT HAS TO BE A STREET IN ORDER TO COMPLY WITH THE TOWN LAW SECTION TWO 80 A.
SO I SUBMIT TO YOU IT CAN'T HAVE IT BOTH WAYS.
IF IT'S A DRIVEWAY TO COMPLY WITH THE ACCESSWAY STATUTE AND THEREFORE IT DOESN'T HAVE TO MEET THE BULK REGULATIONS, THEN IT CAN ALSO BE A STREET CAN'T BE A PRIVATE STREET WHILE IT'S A DRIVEWAY.
THOSE ARE TWO THINGS THAT CAN'T BE THE SAME.
SO I THINK WE NEED TO TAKE A BREATH, TAKE A STEP, GIVE MY EXPERTS A CHANCE TO TAKE A DEEPER LOOK AT THIS.
I'VE DID AS MUCH RESEARCH, RESEARCH AS I CAN IN A VERY SHORT PERIOD OF TIME.
I SUBMITTED TO THIS BOARD THIS AFTERNOON A LETTER OUTLINING SOME OF THE LEGAL IMPEDIMENTS THAT ARE CAUSED BY THIS CHANGE.
THERE'S NOBODY HERE TONIGHT BECAUSE IT'S BEEN A HANDFUL OF DAYS THAT THIS HAS BEEN PUT BACK ON THE AGENDA THINKING THAT IT WAS CLOSED BASED UPON THE PRIOR PLAN.
SO I SUBMIT TO YOU THAT IT'S NOT ABOUT TREES.
IT'S NOT ABOUT GIVING THE PUBLIC A CHANCE TO COMMENT ON THE TREES.
I'M SURE THERE'S PUBLIC THAT WOULD LIKE TO REVIEW THAT, BUT IT'S ABOUT THE FACT THAT THIS IS NOW TURNED INTO A, A ROAD, A STREET, A PRIVATE DRIVE, WHICH WAS NOT WHAT IT WAS ORIGINALLY.
THE ACCESSWAY STATUTE ALLOWS FOR THE DRIVEWAY TO BE USED.
IT CAN BE A SHARED DRIVEWAY, BUT IT'S NOT A STREET.
AND SO ONCE IT BECOMES A STREET, THE PLAN CHANGES.
BUT THEN WE HAVE TO GO BACK TO HOW IT IS THAT THIS LOT, LOT THREE DOES NOT MEET THE BULK REGULATIONS.
IF IT'S NOT USING THE ACCESS WASTE STATUTE, IT HAS TO COMPLY.
[01:05:01]
AS A SEPARATE LOT, AND IT SIMPLY DOESN'T.SO I THINK THERE'S A LOT HERE.
THERE'S A MORE CHANGE HERE THAN MEETS THE EYE.
UM, I THINK WE NEED TO TAKE A, A, A DEEPER DIVE INTO THAT.
UM, AS I SAID, IT'S ONLY BEEN A FEW DAYS THAT, UH, ANYBODY, MY OFFICE AND THE PUBLIC, MY CLIENTS HAVE BEEN AWARE THAT THIS IS BACK ON.
THERE WAS A WORK SESSION SCHEDULED AND A PUBLIC HEARING ALL VERY, VERY QUICKLY.
AND I SUBMIT TO YOU THAT IT, IT IT, IT NEEDS MORE REVIEW BASED ON THESE VERY, VERY IMPORTANT ISSUES THAT I'VE RAISED.
HOPEFULLY, UH, YOU PROBABLY HADN'T HAD A CHANCE TO LOOK AT MY CORRESPONDENCE.
IT WAS JUST, UH, DRAFTED THIS AFTERNOON AND OFF TO YOU JUST A COUPLE HOURS AGO.
SO IF, UH, IF YOU CAN TAKE SOME TIME TO LOOK AT THAT, UH, I HOPEFULLY YOU'LL KEEP THE PUBLIC HEARING OPEN AND WE CAN CONTINUE TO DRILL DOWN ON THIS ISSUE.
DO WE HAVE ANYBODY ON ZOOM? SO WE'LL JUST CHECK IN THE AUDIENCE, ANYONE ELSE IN THE AUDIENCE THAT WISHES TO SPEAK, ANYONE ELSE ON ZOOM THAT WISHES TO SPEAK ON THIS PROJECT? IF NOT, WE'LL HAVE THE APPLICANT RESPOND UNLESS YOU HAVE COMMENTARY.
I'LL LET MR. BURN HERE SPEAK AND THEN I'LL SPEAK.
I JUST WANT TO MAKE SURE THE RECORD IS CLEAR.
UH, WHEN I FIRST PROPOSED THIS ON MARCH 28TH, 2024, I SENT A COVER LETTER TO THE PLANNING BOARD.
UM, AND I'LL JUST READ FROM IT.
UM, JUST READ, WE RESPECTFULLY REQUEST A PRE-SUBMISSION CONFERENCE WITH THE PLANNING BOARD TO DISCUSS THIS PROPOSAL.
UM, UH, AND THE KEY DIFFERENCE BETWEEN THE PRIOR PROPOSAL AND THIS ONE WITH THE PRIOR PROPOSAL WAS A FLAG LOT THAT WAS CREATED AND THE TWO LOTS SUBDIVISION NOW BEING PROPOSED IS THAT RATHER THAN CONSTRUCTING A DRIVEWAY ALONG THE ACCESS STRIP, CONNECTING THE FLAG LOT TO CLAYTON ROAD TOWN CODE SECTION 2 85 DASH 39 C NINE C INSTEAD REQUIRES CONSTRUCTION OF A ROAD SUITABLY IMPROVED TO TOWN STANDARDS ON THE ACCESS STRIP, WHICH WOULD NOT ONLY SERVE AS A FIRE LANE, BUT IT WOULD ALSO PROVIDE THE REQUIRED STREET FRONTAGE FOR THE TWO LOTS.
I THEN DESCRIBED THE SIZE OF THE LOTS, SPECIFICALLY TOWN CODE SECTION 2 85 DASH 39 C NINE C PROVIDES IMPERTINENT PART THAT QUOTE, NO SUBDIVISION SHALL BE APPROVED UNLESS SUCH EACH LOT HAS FRONTAGE OF AT LEAST 25 FEET ON A DEDICATED PUBLIC STREET OR ON A STREET OR HIGHWAY, WHICH HAS BEEN SUITABLY IMPROVED TO TOWN ROAD STANDARDS BECAUSE THE PROPOSED DEVELOPMENT IS FOR A TWO LOT SUBDIVISION INVOLVING ONE WAY TRAFFIC.
WE BELIEVE IT WOULD BE APPROPRIATE TO CONSTRUCT WHAT IN ESSENCE WOULD BE A SHARED DRIVEWAY, WHICH WOULD REQUIRE A MINIMUM ROADWAY WITH A 14 FEET.
BUT THEN WE EXPLAIN WHY WE THOUGHT 20 FEET WOULD BE BETTER.
SO THE SHORT, THE LONG AND SHORT OF IT IS WE HAVE ALWAYS PROPOSED FROM THE GET GO THAT FOR THE TWO LOT RESIDENTIAL SUBDIVISION THAT WE'RE SUGGESTING HERE, THERE MUST BE A ROAD SUITABLY IMPROVED TO TOWN STANDARDS.
AND WE WERE PROPOSING THAT IT BE NARROWER THAN THE 26 FEET WIDE ROAD BECAUSE WE THOUGHT A NARROWER ROAD WOULD BE MORE IN KEEPING WITH THE CHARACTER OF THE COMMUNITY RATHER THAN HAVING A 26 FOOT WIDE ROAD THERE.
IT HAS NEVER BEEN THE CASE THAT WE PROPOSE SOMETHING UNDER A DIFFERENT STATUTE OR, UH, UH, UNDER A, UH, UNDER A DIFFERENT REGIMEN.
THE TOWN, THE PLANNING BOARD HAS THE DISCRETION TO DECIDE WHAT SUITABLY IMPROVED TO TOWN ROAD STANDARDS MEANS IN THIS CONTEXT.
YOU HAVE THAT DISCRETION UNDER THE SUBDIVISION REGULATIONS IN CHAPTER TWO 50, YOU HAVE EXERCISED THAT DISCRETION UP TILL NOW YOU HAVE RECOMMENDED THAT WE GO FORWARD WITH A 20 FOOT WIDE ROADWAY.
UM, WE'VE CALLED IT A SHARED DRIVEWAY, BUT IT DOESN'T TAKE AWAY FROM THE, THE STATUTORY MINIMUM THAT WE HAD TO MEET HERE.
UH, AND SO, UH, I TAKE EXCEPTION TO THE, THE NOTION THAT SOMEHOW OR OTHER, UH, UH, THE LAWYER FOR THE NEIGHBORS
[01:10:01]
PULLED A GOTCHA.AND WHEN HE SUBMITTED A COMMENT AND SAYS, AHA, YOU DIDN'T COMPLY WITH TOWN LAW SECTION TWO 80 A, WHICH IS THE TOWN LAW EQUIVALENT AT THE STATE LEVEL OF WHAT IS CODIFIED IN THE LOCAL LAW, UH, WITH IN GREENBERG'S TOWN CODE.
SO WE DIDN'T, WE DIDN'T OVERLOOK ANYTHING.
HOWEVER, TOWN STAFF DID POINT OUT THAT WE DIDN'T NAME THE ROAD AND WE HAVE TO DO THAT, AND WE DID DO THAT.
SO WITH THAT, UH, I THINK I'VE SAID ENOUGH.
WELL, I WOULD LIKE SOME CLARITY, UM, ON THE SORT OF BACK AND FORTH BETWEEN ROADIN AND DRIVEWAY.
SO, UM, TOWN LAW TWO 80 A PROVIDES UNDER SUBSECTION THAT NO BUILDING PERMIT SHALL BE ISSUED UNLESS, AND THERE'S THREE OPTIONS, BUT THE RELEVANT ONE HERE IS THAT THE LOT HAS ACCESS VIA STREET SHOWN ON A PLAT APPROVED BY THE PLANNING BOARD, OR DULY FILED PRIOR TO THE BOARD CREATION.
SO A PRIVATE ROAD, WHICH CAN INCLUDE AN ACCESS WAY, WHICH IS IMPROVED TO, TO TOWN STANDARD, UM, WHICH REQUIRES AT A MINIMUM 15 FEET FOR FIRE ACCESS AS WAS PREVIOUSLY DISCUSSED ABOUT FIRE ACCESS.
AND THAT WAS, I THINK A NUANCE THAT WAS DISCUSSED IS THAT WE DIDN'T WANT PEOPLE PARKING ON IT.
SO THERE WAS ALSO DISCUSSION ABOUT IT POTENTIALLY BEING A DRIVEWAY INITIALLY, UM, BUT IT WAS CHANGED TO REFLECT AN ACCESS WAY.
AND THEN WHEN POINTED OUT THAT THERE'S A DEFINITION FOR ACCESS WAY, UM, AND LOOKING AT CASE LAW, THERE WAS A DISCUSSION ABOUT CHANGING FROM HAVING AN EASEMENT OVER IT TO HAVING, UH, A SHARED OWNERSHIP OF IT.
BUT AS FAR AS THE SUBSECTION ABOUT THE STREET BEING APPROVED BY THE PLANNING BOARD, THE PLANNING BOARD HAS THE DISCRETION TO ISSUE A WAIVER FOR STREET APPROVED TO TOWN STANDARD UNDER THE SUBDIVISION REGULATIONS.
IN THIS INSTANCE, THE PLANNING BOARD ISSUED A POSITIVE RECOMMENDATION ACTUALLY ON THE REDUCTION IN THE STREET WIDTH WHEN IT MADE THE RECOMMENDATION TO THE ZONING BOARD, AND THEY GOT THE VARIANCES TO REDUCE IT FROM TOWN STANDARD TWO 20 FEET.
JUST TO, TO CLARIFY IF THE POSITION THAT COUNCIL TAKES IS THAT IT'S ALWAYS BEEN THEIR INTENTION TO IMPROVE THIS ACCESS WAY TO TOWN STANDARD, THEN I REPEAT WHAT I SAID EARLIER, WHICH IS THE ACCESSWAY STATUTE PROVIDES FOR A DRIVEWAY TO ALLOW THIS LOT TO NOT OTHERWISE MEET ITS BULK REGULATIONS.
A DRIVEWAY, THAT'S WHAT IT SAYS.
IT SAYS A DRIVEWAY WHICH PROVIDES ACCESS TO AND FROM A PARKING AREA OF A SPECIFIC SITE.
THAT'S THE ENABLING STATUTE, WHICH GIVES THIS APPLICANT THE ABILITY TO COME HERE AND TELL YOU THAT LOT NUMBER THREE OF THIS, THREE LOT, NOT TWO LOT, THREE LOT SUBDIVISION DOES NOT HAVE TO COMPLY WITH THE BULK REGULATIONS.
AND I SUBMIT TO YOU, THIS IS NOT A DRIVEWAY, THIS IS NOT, THIS IS A ROADWAY.
AND IT WAS CLOAKED IN DRIVEWAY CLOTHING FOR A LONG TIME UNTIL JUST LAST WEEK.
SO IF IT'S A ROADWAY AND IT COMPLIES WITH THE TOWN CODE AND, AND, AND, AND, AND, OR YOU DETERMINE IN YOUR, IN YOUR DISCRETION THAT IT DOESN'T HAVE TO COMPLY WITH TOWN CODE.
IT'S IT'S WIDE ENOUGH, IT'S SAFE ENOUGH, THAT'S YOUR DISCRETION.
BUT IN ORDER FOR THIS SUBDIVISION TO GO FORWARD, THAT HAS TO BE A DRIVEWAY AND IT'S NOT.
UH, I'M SORRY, BUT I DON'T QUITE FOLLOW BECAUSE YOU'RE SAYING THAT THE ACCESS ACCESSWAY DEFINITION IS DICTATING THE SUBDIVISION.
I'M SAYING THAT THIS APPLICANT USED THE DEFINITION OF ACCESSWAY TO GET THIS THIRD LOT TO BE ABLE TO BE SUBSTANDARD.
IT'S NOT CLEARLY NOT A, A STANDARD R 30 LOT.
SO TO USE IT AS SUCH IN A THREE LOT SUBDIVISION, IT BECAME THE ACCESSWAY, THE DRIVEWAY.
AND IT'S NOT A DRIVEWAY, IT'S A ROADWAY.
YOU'RE ALLOWED TO HAVE A PRIVATE ROAD ON A NON BUILDABLE LOT.
IT'S, IT'S NOT THAT IT'S NOT A BUILDABLE LOT, IT'S NOT A, IT'S NOT A BUILDABLE LOT, KNOW WHAT I'M SAYING? RIGHT, RIGHT.
AND, AND IT'S, IT'S, IT'S NOT A DRIVEWAY.
IT'S AN, IT'S THE ACCESSWAY STATUTE THAT GAVE THEM THE RIGHT TO USE IT AS A, AS A ACCESS POINT FOR THIS TWO LOT SUBDIVISION.
THAT'S WHERE, THAT'S WHERE THE AUTHORITY CAME FROM.
AND, AND THE ISSUE WITH RESPECT TO LOT THREE WAS PREVIOUSLY DISCUSSED AS PART OF THIS PROJECT
[01:15:01]
WHEN IT WAS PREVIOUSLY BEFORE THE BOARD, WITH RESPECT TO THE LOT, NUMBER THREE, NOT BEING OR EXCEEDING 30,000 SQUARE FEET, THERE WAS DISCUSSION AND ADVICE FROM COUNSEL ON THE FACT THAT IT'S AN UNBUILDABLE LOT.ARE THERE ANY OTHER QUESTIONS? NO.
THAT BEING THE CASE, UM, WE CAN EITHER CLOSE THE PUBLIC HEARING AND LEAVE THE WRITTEN RECORD OPEN THROUGH OCTOBER 8TH.
WAIT, TODAY IS EXTENDED PERIOD, RIGHT? SO IT WOULD, IT'S CUSTOMARY FOR A WEEK, BUT WE HAVE SOME EXTRA TIME.
'CAUSE IT'S MONDAY, BUT WE CAN ADJOURN THE HEARING TOO, RIGHT? OR I CAN GET TO THAT OR ADJOURN THE HEARING UNTIL OCTOBER 15TH.
UM, I MAKE, MY PREFERENCE IS TO LEAVE THE WRITTEN RECORD OPEN THROUGH OCTOBER 8TH.
SO, SO THE MOTION WAS BY, THE MOTION WAS BY COR SECONDED BY DYLAN.
UM, EYES ARE 1, 2, 3, 4, 5, AND ONE, AND ONE IN OPPOSITION.
THE WRITTEN RECORD IS LEFT OPEN THROUGH WEDNESDAY, OCTOBER 8TH.
THE PLANNING BOARD WILL BE POTENTIALLY CONSIDERING A DECISION AT ITS OCTOBER 15TH.
ANY ADDITIONAL COMMENTS THAT ARE SUBMITTED IN WRITING BETWEEN NOW AND OCTOBER 8TH WILL BE FORWARDED TO THE BOARD FOR THEIR CONSIDERATION AS WELL AS TO THE APPLICANT AND MADE PART OF THE OFFICIAL RECORD FOR THE PROJECT.
I'M GONNA CLOSE THE PUBLIC HEARING.
SO THIS WAS JUST ANOTHER NEXT UP FOR PUBLIC HEARING IS, UM, HELLO.
UH, NEXT UP ON PUBLIC HEARING IS CASE NUMBER PB 25 16 HONG AT FOUR 14 CENTRAL PARK AVENUE SOUTH.
AND THIS IS FOR A PLANNING BOARD STEEP SLOPE PERMIT, UH, PERTAINING TO A RETAINING WALL.
UH, GOOD EVENING, UH, MEMBERS OF BOARD.
MY NAME IS ELLIOT SNAR, UH, ENGINEER SURVEYORS.
UH, WE'VE BEEN, UH, WORKING IN, IN THIS AREA FOR 71 YEARS NOW.
UM, THIS, UH, APPLICATION IS FOR A COMMERCIAL BUILDING ON CENTRAL AVENUE, 4 1 4 CENTRAL AVENUE.
UM, IT, IT STARTED OUT OF A, AS A VIAL, UM, A VIOLATION AFTER SOME WORK HAD BEEN DONE IN A, IN THE REAR AREA OF THE, OF THE BUILDING.
UH, THE, THE AREA BEHIND THE PROPERTY IS VERY STEEP.
AND SO, UH, THESE, THESE, UM, UH, CURRENT OWNER HAD PURCHASED IT IN THE LAST COUPLE OF YEARS.
UM, HAD SOME APPLICATIONS TO DO SOME, UH, CHANGE OF, UM, OF, UH, INTERIOR SPACE.
UM, AND, UH, THEY WERE GOING TO, RIGHT NOW, THE AREA IN THE BACK WAS ABOVE THE FLOOR LEVEL, RIGHT.
'CAUSE IT'S SO STEEP IN THE BACK, THINGS WOULD, YOU KNOW, DEBRIS, LEAVES, ET CETERA WOULD COME DOWN, UH, BEHIND IT.
UH, SINCE THEY WERE GONNA RENOVATE THE BUILDING, THEY WANTED TO MAKE SURE THAT WE DIDN'T GET ANY WATER INSIDE.
SO THEY STARTED CLEARING THE LAND BEHIND IT AND LEVELING IT SO THAT TO REMOVE ALL THAT EXCESS DEBRIS TRIGGERED AN INSPECTION AND A VIOLATION, BECAUSE THE AREA BEHIND IT, SOME OF THE AREA BEHIND IT IS STEEP.
UM, SO WE'RE HERE TO, UM, I GUESS RECTIFY THAT VIOLATION, UM, SO THAT THEY CAN GO THROUGH AND PROCEED WITH THEIR RENOVATION.
YOU CAN'T HAVE A RENOVATION ON A BUILDING.
THEY WON'T GIVE YOU A PERMIT UNTIL THERE'S NO VIOLATIONS UNTIL A VIOLATION IS REMOVED.
UM, SO, SO PART OF WHAT WE'RE WE'RE DOING IS WE WERE GONNA BUILD A RETAINING WALL AT THE BACK OF THE BUILDING.
SO THERE'S A RETAINING WALL RIGHT HERE, A PROPOSED RETAINING WALL.
RIGHT NOW, THERE'S A WALL ON THE NEIGHBORING PROPERTY HERE, AND THERE'S A SORT OF A UNILOCK WALL ON THE SIDE HERE.
[01:20:01]
NEVER BACKFILLED.IT WAS NEVER REALLY SUPPOSED TO BE A RETAINING WALL.
UH, BUT IN ANY EVENT, UH, WE'RE PROPOSING TO PUT A, A NEW RETAINING WALL IN HERE SO THAT THE BACK OF THE AREA FOR ABOUT 10 OR 15 FEET IS SORT OF FLAT.
UH, THAT AREA IS GONNA BE, UM, GRAVELED.
UM, AND, UH, JUST SO THAT THEY CAN KEEP IT, MAINTAIN, UH, ACCESS AROUND THE BUILDING AND MAINTAIN THE AREA SO THAT WE DON'T GET ANY MORE DEBRIS COMING DOWN THE HILL.
ADDITIONALLY, UM, AS A, AS I REC, IF I RECALL CORRECTLY, WAS ISSUED A VIOLATION FOR TREE REMOVAL SOME YEARS AGO.
UM, MY UNDERSTANDING IS THAT WERE, THERE WERE A FEW TREES PLANTED TO MITIGATE THAT VIOLATION.
AND, UH, THOSE TREES DON'T EXIST ANYMORE AS I UNDERSTAND IT.
SO THERE IS A PROPOSAL TO REPLANT UP ABOVE THE WALL AT THIS TIME TO NOT YES.
YOU KNOW, CAN YOU SPEAK TO THAT A LITTLE BIT? UM, YEAH, I WASN'T SURE.
I WASN'T INVOLVED IN THE REMOVAL OF TREES OR IN A PREVIOUS VIOLATION ABOUT THE TREES.
BUT WE ARE SHOWING, UH, ADDITIONAL, UM, FIVE TREES HERE IN THE BACK, UH, PLANTED IN THE BACK.
UM, AS FAR AS THE SPECIES ARE CONCERNED, WE HAVE, UH, A RED BUCKEYE, UH, SAWTOOTH OAK, UM, A HERITAGE, UH, HILL BIRCH AND SOME, AND A RED MAPLE.
UH, THAT'LL ALL BE PLANTED ABOVE THE, ABOVE THE, UH, RETAINING WALL.
I KNOW THAT LA I THINK IT WAS MAYBE TWO MEETINGS AGO, WE WERE ASKING WHAT THE BUILDING USE IS.
I MEAN, THE BUILDING USE, THEY DID HAVE A PER, UH, UH, THEY DID HAVE, OR THEY SUBMITTED FOR A PERMIT.
WHAT WAS, WHAT WAS A GIFT SHOP? A GIFT SHOP.
SO THERE WAS A, IT WAS A RETAIL SPACE.
IT WAS NANA'S ATTIC, SORT OF AN ANTIQUE SHOP BEFOREHAND.
AND THEY HAD SUBMITTED A, UM, PER, UM, UH, PLANS TO RENOVATE THE INTI INTERIOR INTO A GIFT SHOP.
UM, THOSE, THOSE PLANS ARE ON HOLD UNTIL THEY CLEAR THE VIOLATION.
I, AND I BELIEVE THEY'VE, IT'S EXPIRED, RIGHT? AS I UNDERSTAND IT FROM, THERE WOULD NEED TO BE A RESUBMITTAL RESUBMITTAL, ABSOLUTELY.
IF THIS STEEP SLOPE PERMIT'S APPROVED AND THAT VIOLATION IS CURED.
UM, BUT I THINK PIGGYBACKING OFF THE QUESTION, UM, WITH RESPECT TO THE USE, IS WHAT IS THE USE CURRENTLY? I MEAN, LOOK, CURRENTLY I DON'T THINK IT'S, UH, IT'S USED FOR ANYTHING.
I THINK THAT WAS PART OF THE, UM, THE GIFT SHOP, UM, PROPOSED USE.
YOU CAN COME TO THE MIC PLEASE.
I, I CAN HAVE, UH, ROSE HAN HERE, UM, IS THE ONE OF THE OWNERS OF THE, OF THE PROPERTY.
JUST STATE YOUR NAME AND AFFILIATION FOR THE RECORD, AND THEN MY NAME IS FAHAN.
AND, UH, IN TERMS OF STORAGE WITHIN THE BUILDING MM-HMM
IS THERE ANY FOOD STORAGE? THE FOOD IS DRY.
FOOD, IS THAT LIKE NOT PREPARED? FOOD IS LIKE CURRY, LIKE IN THE BOX.
AND, UH, IS THERE OTHER STORAGE? UH, NO.
SO JUST SO I'M CLEAR, SO CURRENTLY THE BUILDING IS BEING USED AS STARCH? YES.
AND THE INTENT IS IF YOU'RE ISSUED THIS STEEP SLOPE PERMIT OR YOU'RE NOT, THIS, UM, YEAH.
AND THEN YOUR PERMIT APPLICATION IS RENEWED FOR THE YEAR OR YOUR THAT YES.
THAT YOU'LL BE USING THIS FOR SOMETHING OTHER THAN STORAGE.
YOU'LL BE USING IT EACH COMMERCIAL, I MEAN, AND, UH, WITH A GIFT SHOP, THERE IS STORAGE REQUIREMENTS, BUT YES.
IT, IT WOULD BE A RETAIL GIFT SHOP.
I, I'M ABSOLUTELY SURE THAT EVERY BUSINESS HAS STORAGE.
I THINK IT'S A MATTER OF PERCENTAGE, WHICH TURNS IT, YOU KNOW, FROM RETAIL INTO STORAGE.
IN MY OFFICE, I'VE GOT HALF, YOU KNOW, I GET A WHOLE FLOOR OF STORAGE UNDERSTOOD ALL MY RECORDS.
UM, I, I HAD THE OPPORTUNITY TO STOP BY THE SITE YESTERDAY AND, AND ALONG THE SLOPE THERE WAS WHAT LOOKED LIKE A LOT OF INVASIVE, INVASIVE PLANTS AND,
[01:25:01]
UM, OTHER, OTHER WEEDS AND, AND PLANT DEBRIS, UH, ALONG THE HILL.UM, AS PART OF THE TREE INSTALLATION AND, AND THE GENERAL WORK ON THE SLOPE, WOULD ALL OF THOSE INVASIVE SPECIES BE REMOVED? OR WHAT, WHAT SORT OF, IS THERE, I GUESS THERE'S ISN'T ISN'T A FORMAL LANDSCAPING PLAN, BUT WHAT WOULD THE SORT OF INFORMAL LANDSCAPING PLAN BE? WELL, YEAH, I THINK THAT THE REASON FOR ALL THOSE INVASIVE SPECIES IS BECAUSE WE WERE, THEY WERE STOPPED WORK FROM, FROM DOING ANYTHING.
AND OF COURSE, THE FIRST THING THAT GROWS IS WEEDS.
ALTHOUGH SOMEBODY TOLD ME THAT THE, WHAT A WEED DEFINITION OF A WEED IS A PLANT THAT NOBODY WANTS.
UM, BUT, UH, UM, YES, AS PART OF THE, YOU KNOW, PART OF THE CONSTRUCTION, ALL THAT BE CLEANED OUT,
SO WHAT YOU DOING IN THE FRONT? UH, REFURBISH THE FRONTAGE AND THE SIDE? UH, NOT AS FAR SORT OF MISSING WINDOWS.
THOSE, OR, OR, UH, I THINK THAT SOME OF THAT WAS, UM, FROM BEFORE.
SOME OF IT IS GONNA BE RENOVATED AS PART OF THEIR GIFT SHOP, WHICH IS, SO THIS, SO ONCE YOU GET THIS FROM, WE GO AND, AND RENOVATE THE BUILDING RIGHT NOW LOOKS PRETTY.
AND, AND ALSO THE, THE WALL THAT YOU HAVE ON THE SIDE, THAT'S WALL, WALL, THAT'S ACTUALLY THE, THAT'S ACTUALLY THE GAS STATION'S WALL HOUSE.
SO IT'S NOT, UH, IT'S NOT IN YOUR PROPERTY? NO.
THE SIDE, ALONG THE SIDE PROPERTY ONE, RIGHT? YEAH, CORRECT.
UM, THE WALL HERE, THIS WALL HERE ALONG THE SIDE IS, UH, MESA BLOCK WALL IS ON THE GAS STATION.
BUT IT LOOKS LIKE IT'LL FALL ANYTIME.
IT WASN'T, THAT KIND OF WALL IS IN MADE TO, NOT IT BE A FREESTANDING WALL, BUT WE HAVE A THING WE CAN DO.
I'M NOT SURE IF IT WAS EVEN BUILT WITH A PERMIT, BUT THAT'S NOT WHAT WE'RE HERE FOR.
BUT SINCE IT'S PARKED, SINCE IT DIVIDES YOUR PROPERTY, ARE YOU GONNA DO ANYTHING WITH IT? NO.
AND THEN THE BOND, THAT'S A RETAINING WALL BUILDING BEHIND MM-HMM
WHAT KIND OF WALLET THAT IT SAYS SORT OF A, WELL, IT'S A, UM, A WHAT THEY CALL A RED ENGINEERED, IT'S AN ENGINEER.
IT'S A, WHAT WE CALL A READY ROCK WALL.
UH, THE EACH BLOCK IS ABOUT 18 INCHES HIGH, ABOUT FOUR FEET WIDE.
UH, AND UP TO, UH, IN THIS CASE, UP TO, I THINK IT'S, UM, 30, UH, 30 INCHES DEEP.
UM, AND THAT IS A GRAVITY WALL THAT, THAT DOESN'T REQUIRE ANY GEOFABRIC BACK, UH, BEHIND IT OR ANYTHING LIKE THAT.
AND IT'S, AND HOW DO YOU ACCESS THE REAR YARD? DO YOU HAVE ANY STEPS? RIGHT, SO THE REAR YARD IS GONNA BE ACCESSED THROUGH THE RIGHT SIDE OF THE RIGHT SIDE OF THE, UH, OF, UM, OF THE PROPERTY HERE.
UM, THE, UH, BUILDING DEPARTMENT, OR THE ENGINEERING WAS WORRIED ABOUT A GAS METER THAT WE HAVE HERE.
AND SO WE PROPOSED TO INSTALL OR RECOMMENDED THAT, UH, INSTALL THE, UH, BOLLARDS THERE TO PROTECT THE GAS METER FROM GETTING HIT DURING CONSTRUCTION, UH, AFTER CONSTRUCTION THAT ILV, YOU KNOW, GRASP THEIR, UH, GROUND COVER.
WHAT I MEANT WAS THE, THE RETAINING WALL IN THE BACK.
'CAUSE YOU HAVE THE, SO, SO THAT, SO THAT'S THE ACCESS.
THAT'LL BE THE ACCESS TO GET THE EQUIPMENT IN AND, AND MATERIAL TO THE BACK OF THE, I UNDERSTAND STILL THAT WALL.
BUT WHAT HAPPENS AFTER IT IS CONSTRUCTED? IT'S WHAT, TWO FEET, THREE FEET HIGH? UM, I THINK IT'S, UH, UH, FOUR FEET.
UH, ACTUALLY IT'S UP TO SEVEN FEET HIGH.
SO ON THE BACK, HOW ARE YOU GONNA ACCESS THE, THE TREES THAT YOU ARE PLANTING AND, OH, THAT'S NOT DIFFICULT TO GET UP.
UM, SEVEN FEET WITH A, WITH A LOADER
SO WE TALKED ABOUT THE FACT THAT DISTURBED AREAS THAT AREN'T CARED FOR TURN INTO WEEDS, AND THERE ARE NUMEROUS DEFINITIONS FOR WEEDS, BUT WHAT'S TO PREVENT, UM, THIS AREA BECOMING A WEEDY AREA WITH DEAD TREES IN THE FUTURE CONDITION? AND WHO'S GONNA WATER THE TREES THAT ARE MENTED THE PROPERTY? WELL, DURING THE INITIAL, DURING THE INITIAL INSTALLATION OF THE TREES, THEY'LL HAVE TO BE WATERED.
BUT ONCE THEY TAKE ROOT, THEY GENERALLY DON'T HAVE TO BE WATERED AS FAR AS THE GROUND COVER IS CONCERNED.
UM, THERE'LL BE SOME MULCH AND THINGS PLACED ON THERE, UM, I GUESS PERIODICALLY TO RENEW IT.
SO IT'S NOT, IT'S GONNA BE MULCHED.
IT'S NOT GONNA BE, YEAH, WE'RE NOT PLANNING ON ANY GRASS OR ANYTHING THAT REALLY NEEDS A LOT OF MAINTENANCE.
BUT CINDY, HOW MUCH, UH, WOULD IT TAKE IT TO PROVIDE SOME KIND OF ACCESS STAIRS OR STEPS?
[01:30:01]
UH, SINCE YOU ARE DOING THIS WALL, IT'D BE A LOT MORE EASIER.AND NEIGHBOR, THE, IT'S, NO, THERE'S THE WALL THERE.
UH, WELL, IT'S FIVE FEET HIGH.
UH, WE CAN, WE CAN, UH, TALK WE, YEAH.
I, UNLESS I BUILD IT INTO THE WALL, I WOULD BUILD IT OUT SOME OTHER MATERIAL THAT, TO GET UP THERE EASILY.
JUST MAKE SURE THAT YOU PUT A, UH, SOME KIND OF RAILING ON TOP OF THE WALL AND GOING UP TO THE STEPS SO THAT YOU GET A BUILDING PERMIT.
UM, THE RAILING IS NOT GENERALLY REQUIRED BECAUSE, UH, IT'S NOT A WALKING SURFACE, GENERALLY, NOT A WALKING SURFACE BEHIND IT, BUT IT'S JUST CHECK WITH THE, CHECK WITH THE BUILDING DEPARTMENT.
SO WHATEVER THE BUILDING CODE IS REQUIRED, WE'LL DO THAT.
I GUESS, WHAT ARE THE, WHAT ARE THE CURRENT HOURS OF OPERATIONS AND WILL THEY BE IMPACTED BY ANY OF THE CONSTRUCTION? WELL, THERE'S NO OPERATION RIGHT NOW.
WE DON'T HAVE A PERMIT TO DO ANYTHING THERE.
SO THERE'S NO HOURS OF OPERATION UNTIL AFTER THIS, UM, VIOLATION IS CURED.
SO JUST DEVICE FROM LEGAL, OH, I'M SORRY.
OH, HOW LONG AFTER THIS WORK IS DONE? OR DO THEY GET, ARE THEY ABLE TO GET A PERMIT OR IS, CAN IT BE DONE SIMULTANEOUSLY? HOW DOES THAT WORK? IF YOU KNOW, OR YOU CAN, WE CAN GIVE, YOU CAN GET BACK TO ME.
UM, I'M NOT SURE WHAT THEY'VE SUBMITTED ALREADY.
SO I KNOW YOU, YOU SAID YOU'D SUBMITTED FOR A BUILDING PERMIT THAT EXPIRED.
DID YOU SUBMIT LIKE THE CLEARANCE FORMS FOR ENGINEERING? SO YOU GOT HERE, UM, YOU'D HAVE TO GO BACK TO ENGINEERING WITH THE APPROVAL AND RIGHT.
SO MOVE FORWARD WITH THE ER EROSION CONTROL.
SO DON'T YOU, IF YOU APPROVE THIS, WE'LL GO BACK AND GET OUR, UM, OUR PERMITS, WHICH INCLUDE, UH, UH, YOU KNOW, UH, A CLEAR STORM WATER CLEARANCE FORM, THAT SIDE OF THING.
WE'RE NOT, WE'RE NOT ANTICIPATING ANY STORM WATER BECAUSE WE'RE NOT CHANGING THE GROUND SURFACE OTHER THAN THE WALL.
UM, BUT WE CAN APPLY, I THINK WE CAN APPLY AND TELL ME IF I'M WRONG, THE INTERIOR RENOVATION AT THE SAME TIME? YES.
BECAUSE NOW, UH, WE DON'T HAVE A VI ONCE YOU APPROVE IT, WE DON'T HAVE A VIOLATION ANYMORE.
AND SO THEN WE'LL APPLY, HAVE THE INTERIOR RENOVATION GOING ON AT THE SAME TIME AS THE EXTERIOR RENOVATION.
YEAH, I'D LIKE TO, IS THERE ANY WAY WE CAN ASSURE THAT OR ASK FOR THAT? SO, SO BUILDING WILL CONFIRM, BUT THEY CAN, THEY CAN APPLY FOR THEIR INTERIOR AND EXTERIOR PERMITS AT THE SAME TIME.
I HAD ANOTHER NOTE TOO, 'CAUSE I KNOW THERE'S SOME QUESTIONS ABOUT THE STORAGE BEFORE.
SO YOU CAN, UM, HAVE THE BUILDING DEPARTMENT CONFIRM THAT, YOU KNOW, THERE'S CLEARANCE FOR THE FIRE CODE IF THERE'S STORAGE UP TO A CERTAIN HEIGHT.
I KNOW THAT'S BEEN A CONCERN IN, IN PAST, UH, APPLICATIONS FOR STORAGE OF STUFF INSIDE.
UM, AND IF IT'S FOOD ITEMS, THEN I WOULD SUGGEST THAT YOU CONFIRM WITH DEPARTMENT OF HEALTH REGARDING WHAT'S PERMITTED TO BE STORED.
UM, I BELIEVE WE HAVE SOME MEMBERS IN THE AUDIENCE.
ANYONE IN THE AUDIENCE THAT WISHES TO SPEAK, PLEASE COME UP.
IS THERE ANYONE ON ZOOM THAT WISHES TO SPEAK? THANK YOU.
I OWN, I'M SORRY, YOUR LAST NAME NEXT DOOR.
UH, I THINK THE BOARD IS AWARE THAT THOSE TREES WERE REMOVED WITHOUT A PERMIT, AND FROM THAT THE VIOLATIONS WERE FILED.
THEY WERE SUPPOSED TO REPLANT TREES, THEY NEVER DID.
THEN THEY EXCAVATED THE BACK OF THE BUILDING WITHOUT ANY PERMITS.
THE BUILDING DEPARTMENT STEPPED IN AND PUT A STOP WORK ORDER ON.
WHAT THEY DID WAS THEY TOOK A LOT OF DIRT OUT OF THE SIDE OF THE BUILDING AND THE BACK OF THE BUILDING.
AND WHAT THEY DID WAS THEY LOWERED THEIR GRADE IN SOME SPOTS, EIGHT INCHES, 12 INCHES, ALMOST 20 INCHES BELOW MINE.
AND THAT WALL THAT THEY'RE TALKING ABOUT, WHICH I INCIDENTALLY I DO HAVE A PERMIT FOR, THAT WALL WAS BASICALLY A COSMETIC WALL BECAUSE WE, WE BOTH HAD THE SAME GRADE.
BUT NOW WHAT THEY DID WAS THEY TOOK A LOT OF DIRT OUT OF THE SIDE OF THEIR BUILDING THAT WAS SUPPOSED TO BE REPLACED.
THE TOWN ORDERED HIM AT THE TIME TO COME BACK AND REPLACE THAT DIRT.
I CONSULTED WITH THE TOWN ENGINEER LAST WEEK, AND HE TOLD ME THAT PART OF THIS PROJECT IS THAT DIRT HAS TO BE REPLACED AND THAT GRADE HAS TO BE BROUGHT BACK UP TO WHERE IT WAS MM-HMM
HE SAID HE WAS GONNA MAKE NOTES ABOUT THIS.
I CONSULTED WITH AN ENGINEER, REVERSAL ASSOCIATES, AND HE SUGGESTED THAT IT BE DONE BY HAND NUMBER ONE, BECAUSE THEY DON'T WANT TO JEOPARDIZE MY WALL WITH A MACHINE.
AND ALSO THE FACT THAT IT, IT SHOULD BE PUT BACK IN SIX INCH INCREMENTS AND TAMED ALSO, HE RECOMMENDED THAT CON EDISON SHUT OFF THE GAS FOR THAT TIME BECAUSE THAT GAS METER IS RIGHT THERE.
AND HE SAID, IF THEY DON'T SHUT IT OFF FOR ME TO CALL THE FIRE DEPARTMENT WHEN THE JOB BEGINS TO MAKE SURE THAT THEY SHUT IT OFF.
[01:35:01]
MY MAIN CONCERN ABOUT HOW THIS IS GONNA IMPACT MY PROPERTY.MY, MY WALL COULD BE DAMAGED BECAUSE RIGHT NOW THERE'S, THERE'S NOTHING HOLDING IT UP ANYMORE BECAUSE THEY, THEY UNDERMINED IT ALL.
NUMBER TWO, WITH THE GAS METER.
AND, UH, THERE'S A VERY EASY SOLUTION TO ALL THIS.
THEY COULD ACCESS THIS FROM THE OTHER SIDE OF THE PROPERTY, AND THE, THE ADJOINING NEIGHBOR HAS TOLD ME THEY CAN USE MY PROPERTY IF THEY WOULD ONLY APPROACH ME AND SPEAK TO ME.
THEY HAVE THE SAME AMOUNT OF ROOM ON THE LEFT SIDE OF THAT BUILDING AS THEY DO ON THE RIGHT SIDE.
THEY WOULD BE ABLE TO ACCESS IT WITH MACHINES WITH, THEY'RE GONNA HAVE TO BRING A CEMENT TRUCK TO POUR THE CONCRETE WALL.
ALL OF THAT COULD BE DONE THROUGH THAT OTHER PARKING LOT.
AND THE, THE NEXT DOOR NEIGHBOR JUST SAID, ALL THEY HAVE TO DO IS ASK ME.
I WANT, I WANNA MAKE IT VERY CLEAR THAT I'M NOT OBJECTING TO WHAT THEY WANT TO DO.
I DON'T HAVE ANY PROBLEM WITH THAT WHATSOEVER.
MY ISSUE IS HOW THEY'RE GOING TO DO IT, BECAUSE BASICALLY THEY DO THINGS WITHOUT PERMITS AND THEY DON'T DO THINGS RIGHT.
AND THAT'S WHAT I'M CONCERNED ABOUT.
I HAVE NO, I HAVE NO PROBLEM WITH THEM DOING IT.
I ALSO, I WANT TO THANK THE TOWN, ESPECIALLY SPECIFICALLY THE TENANT ENGINEER.
I SPOKE TO A COUPLE OF THE MEMBERS ON THAT AND I WANT TO THANK THEM FOR EVERYTHING THAT THEY DID.
ALL, ALL I WANNA DO IS MAKE SURE THAT THIS IS DONE RIGHT AND THERE'S NO DAMAGE TO MY PROPERTY.
I DON'T WANT END UP IN SUPREME COURT OVER THIS.
YOUR LORD IS, I OWN THE GAS STATION NUMBER, NUMBER NINE.
ANY QUESTIONS OR, AND I HAVE PHOTOGRAPHS IF ANYBODY WANTS THEM.
OF ALL THE DIRT THAT WAS REMOVED, I'VE BEEN IN THAT SITE SINCE 1968.
BELIEVE I, I KNOW IT VERY, VERY WELL.
DOES ENGINEERING HAVE THE PHOTOS? UH, ACTUALLY HE TOOK SOME OF HIS OWN PICTURES.
PAUL AND I HAVE MORE IF HE'D LIKE THEM.
UM, MS. MS. MAGNA WITHIN THE SCOPE OF THE STEEP SLOPE PERMIT, YOU KNOW, WOULD WE HAVE THE ABILITY TO CONDITION ANY OF THE SUGGESTIONS THAT MR. UH, F FLINT JUST SUGGESTED, INCLUDING, UM, YOU KNOW, THE GRADE BEING RESTORED BY HAND CONDITIONING, KIND OF TURN OFF THE GAS? WHAT MY SUGGESTION, SORRY.
MY SUGGESTION WOULD BE IF WE COULD GET MR. FLINT'S, UM, MAYBE YOU CAN SEND ME AN EMAIL COVERING THESE COMMENTS, UM, BECAUSE WE PROBABLY WON'T GET THE TRANSCRIPT BACK UNTIL NEXT WEEK.
I WRITE A BETTER LETTER THAN I DO SPEAK.
SO I WOULD LIKE IF YOU COULD FORWARD THOSE, WHAT I'D LIKE TO DO FOR THE BENEFIT OF THE BOARD IS TAKE THOSE FORWARD THEM TO THE TOWN ENGINEER TO HAVE THEM REVIEW IT AND OPINE BACK AND WE CAN FORWARD THAT TO THE BOARD.
UM, YOU KNOW, MY INITIAL RESPONSE WAS GONNA BE THAT THE TOWNS BUREAU OF ENGINEERING, WHO OVERSEES AND ASIDE FROM ISSUING THE STEEP SLOPE PERMIT ITSELF, HAS ENFORCEMENT ABILITIES OVER THE STEEP SLOPE.
AND COMPLIANCE WITH ITS PROVISIONS WOULD OVERSEE AND ENSURE THAT THE PROJECT IS CARRIED OUT IN ACCORDANCE WITH THE REQUIREMENTS OF THE CODE.
HE HAD TOLD ME HE WAS GONNA MAKE NOTES TO MAKE SURE THAT THAT DIRT WAS REPLACED, THAT DIRT WAS SUPPOSED TO BE REPLACED TWO YEARS AGO.
SO, AND SO THAT'S WHY, YOU KNOW, I WANNA, I, I'D LIKE TO TAKE YOUR COMMENTS, FORWARD THEM TO THE TOWNS BUREAU OF ENGINEERING, AND THEN HAVE A RESPONSE THAT WE CAN GET BACK TO THE BOARD.
AND PERHAPS THAT'LL RESULT IN CERTAIN CONDITIONS BEING APPLIED TO THE STEEP SLOPE PERMIT.
BUT IN, IN CONCEPT, THOSE ARE THINGS THAT WE'D BE ABLE TO, TO CONDITION AS LONG AS THE ENGINEER RIGHT.
SO THEY'D EITHER HAVE TO TURN IT OFF OR PROTECT IT SOMEHOW.
AND ENGINEERING AND BUILDING WOULD BOTH LOOK AT THAT, RIGHT.
OR USE THE ALTERNATE SIDE FOR ACCESS.
SO THAT WAS MY QUESTION REGARDING THE ALTERNATE SIDE AND THE STABILITY OF THE WALL, OF THE WALL THAT'S THERE, UM, AS YOU'RE EXCAVATING.
SO IF WE CAN HAVE THE APPLICANT RESPOND, I'D APPRECIATE IT.
THERE WAS A COMMENT ABOUT, UM, YOU KNOW, CEMENT, YOU MADE A COMMENT ABOUT CEMENT TRUCK AND OTHER THINGS.
SO WE'RE JUST GONNA LET THIS GENTLEMAN RESPOND.
BUT TO THE EXTENT WE CAN GET SOMETHING FROM YOU, UM, YOU KNOW, WITHIN THE NEXT DAY OR TWO, WE WILL FORWARD, WE WILL ACCEPT THAT, THAT'LL BE PART OF THE RECORD.
WE'LL FORWARD IT TO THE APPLICANT, BUT WE'LL ALSO ENSURE THAT IT GOES TO OUR TOWN'S BUREAU OF ENGINEERING FOR RESPONSE.
THE ENGINEER DID TELL ME THAT HE HAD TOLD THIS ENGINEER THAT THAT DIRT MUST BE REPLACED BEFORE ANY OF THIS GOES ON.
I DON'T KNOW IF THAT'S, AND DO YOU REMEMBER THE GENTLEMAN'S NAME? YOU SAID PAUL, BUT I'M NOT SURE THAT WE, I DON'T KNOW HIS LAST NAME.
HE WAS THE TOWN ENGINEER THAT THEY SENT DOWN TO INSPECT THAT.
AND I KNOW THEY GONNA, COULD IT HAVE BEEN VINNY, VINCENT? I'M SORRY.
SO RIGHT NOW, BUT RIGHT NOW HE'S UNDER A STOP WORK ORDER, SO THERE IS NO REPLACEMENT GOING ON.
THEY WERE SUPPOSED TO REPLACE IT, BUT THE GUY THAT WAS OPERATING THE MACHINE HAD THE MIC, WASN'T GONNA GET PAID FOR ANYMORE WORK.
HE JUST SAID, I'M NOT DOING IT ANYMORE OF THIS, I'M LEAVING.
[01:40:01]
THROW SOME DIRT BEHIND THAT WALL JUST TO MAKE SURE IT DIDN'T CAVE IN.IT'S NOT, IT DOESN'T HAVE ANY FUNCTION, BUT I, IT JUST AS A, DEFINE THE PROPERTY AND MAKE IT LOOK NICE, THAT'S ALL IT WAS.
SO YOU SAID THAT YOU HAD AN ENGINEER WITH AT IT AS WELL.
UM, I WAS WONDERING IF YOU HAD WRITTEN RECOMMENDATIONS FROM THAT ENGINEER OR IT WAS VERBAL? NO, HE KNEW IT HAD TO BE DONE.
AND THE ONLY RECOMMENDATION HE MADE WAS WHEN THEY REPLACED THE DIRT, DO IT IN SIX INCH INCREMENTS AND TAMP IT.
AND HE ALSO SAID, DO IT BY HAND.
DON'T BRING THE MACHINE ANYWHERE NEAR ANY OF THIS.
BUT THERE'S NO REASON TO BECAUSE THE OTHER SIDE IS WIDE OPEN.
THERE'S NOTHING IN WRITING TO THAT EFFECT.
BUT I CAN GET IT IN WRITING IF YOU NEED IT, IF YOU CAN.
YOU SAID IT WAS REVERSO AND ASSOCIATES? YES.
AND HOW WAS THIS DONE TWO YEARS AGO? OR WAS THIS DONE RECENTLY? THIS WAS DONE LAST WEEK.
I, I PERSONALLY, I THINK IT WOULD BE HELPFUL IF YOU COULD GET IT IN WRITING, BUT I WOULDN'T SLOW DOWN YOUR, I MEAN, DO YOU GUYS AGREE WITH THIS? I WOULDN'T SLOW DOWN YOUR LETTER THAT WAS JUST REFERENCED.
UM, I CAN GET IT TO THE EXTENT IT'S POSSIBLE, YOU KNOW, WITHIN THE NEXT COUPLE OF DAYS.
THAT WOULD ALL BE CONSIDERED BY THE BOARD.
LIKE I SAID, AND FORWARD IT TO THE TOWN ENGINEER AS WELL.
I HAVE NO PROBLEM WITH WHAT THEY WANT TO DO, IT'S JUST HOW THEY'RE GONNA DO IT.
I JUST WANNA, UM, I GUESS, UH, TALK ABOUT.
ONE IS AS FAR AS THE RIGHT SIDE OF THE AXIS VERSUS THE ROUGH SIDE, AS YOU CAN SEE FROM THIS, THE, THE PLAN THAT'S UP THERE, THE RIGHT SIDE IS ALMOST NINE FEET OF SPACE BETWEEN THE BUILDING AND THE PROPERTY LINE ON THE LEFT SIDE IS JUST OVER SEVEN, SEVEN FEET.
THE REASON WHY WE PICKED THE RIGHT SIDE WAS BECAUSE THERE'S A LOT MORE SPACE, UH, FOOT, FOOT AND A HALF OF ADDITIONAL SPACE TO GET, TO GET MACHINERY BACK THERE.
UH, THIS IS, UM, THE READY ROCK WALL IS A PRECAST WALL.
UH, AND SO THEY JUST, IT'S LIKE LEGOS.
YOU JUST TAKE ONE AND YOU PUT IT ON TOP OF THE NEXT ONE AND YOU PUT IT ON TOP OF THE NEXT ONE.
SO THERE'S NO CONCRETE TRUCKS THAT WOULD BE THERE.
THERE'S ALSO NOW FOOTINGS OR FOUNDATIONS, A STANDARD, UH, CONCRETE WALL WOULD NEED TO BE EXCAVATED THREE AND A HALF FEET DOWN BELOW FROST, AND THEN BUILT UP FROM THAT.
UH, BUT SINCE THIS IS A, A SEGMENTAL WALL, UM, SIMILAR TO THE WALL THAT, UH, THE GENTLEMAN HAD BUILT EXCEPT JUST MAR MUCH LARGER BLOCKS.
UH, AND SO THEREFORE THERE'S NO, UH, UM, THERE'S NO REAL, UH, REQUIREMENT FOR CONCRETE TRUCKS AND THINGS.
WHAT TYPE OF EQUIPMENT'S GOING TO ACCESS ON THE SIDE? UM, IT'S GONNA BE, YOU KNOW, LIKE A BACKHOE OR A MINI EXCAVATOR TO PICK THE BLOCKS UP AND, AND PUT 'EM IN PLACE.
FIRST WE HAVE TO REMOVE SOME OF THE MATERIAL AND THEN, UH, PICK THE BLOCKS UP AND PUT 'EM IN PLACE.
AND REGARDING THE, THE DIRT THAT WAS REMOVED, UM, NEXT TO THE DECORATIVE WALL, FOR LACK OF A BETTER WORD, UM, WOULD YOU BE WILLING TO DO THAT BY HAND? TAMP HAND? I MEAN, IF WE CAN MAKE THAT AGREEMENT NOW, THEN WELL, I MEAN, GENERALLY, GENERALLY WHEN WE, UM, PLACE MATERIAL BACK, IT HAS TO BE COMPACTED.
UM, SO COMPACTING IS, UH, IS STANDARD PRACTICE BY HAND.
UH, WELL, YOU DON'T TAMP BY HAND.
I'M PLAIN TAMPER OR SOMETHING.
YOU KNOW, SOME MECHANICAL, UH, THINGS YOU CAN'T CAMP BY.
AS FAR AS THE DIRT, WHEN WE, I THINK, I BELIEVE WHEN WE DETERMINE BY HAND DOESN'T MEAN THAT YOU'RE ACTUALLY DOING SO AS FAR AS, AS FAR AS PLACING THE DIRT BY HAND, WE'RE GONNA BE RUNNING BACK AND FORTH THAT, THAT, THAT AREA WITH OUR EQUIPMENT TO GET OUR CONCRETE BLOCKS IN PLACE.
SO, UM, AFTER WE, AFTER WE FINISH, UH, PUTTING SOME TOPSOIL IN THERE, UM, IT'S STILL NOT NECESSARILY GONNA BE BY HAND.
SO IT'S STILL MACHINERY, BUT AT, AT THAT POINT, EVERYTHING IS DONE AND WE'RE CLEANING UP THE SITE.
AND REGRADING, I MISSED THE, WHAT'S WRONG WITH THE OTHER SIDE OF THE BUILDING? UH, IT'S A FOOT AND A HALF NARROWER.
IT'S NOT, BUT CHAIR RECOGNIZES THAT WAS, THAT WAS GONNA BE MY QUESTION.
SO JUST LOOKING AT STREET VIEW ON, ON GOOGLE MAPS.
SO WHILE, WHILE THE APPLICANT'S PROPERTY IS GREATER ON THE RIGHT THAN THE LEFT, YOU KNOW, THE, THE DIFFERENCE SEEMS TO BE THAT ON THE RIGHT THERE IS THIS WALL THAT WE'RE DISCUSSING THAT DEMARCATES THE GAS STATION AND THE PROPERTY, AND ON THE LEFT, IT JUST SEEMS TO BE AN OPEN, OPEN SPACE.
AND SO I, I THINK THE SUGGESTION WAS THAT IF THE APPLICANT SPOKE TO THEIR NEIGHBOR AND SEE IF THEY'D, THEY'D PERMIT, YOU KNOW, ALLOWING, ALLOWING, YOU KNOW, VEHICLES TO GO ON, ON THE NEIGHBOR'S PROPERTY FOR A SHORTENED PERIOD OF TIME TO DO THE WORK.
ALRIGHT, SO THERE SEEMS TO BE SOME, SOME QUESTIONS, SOME MORE WORK TO BE DONE.
AND WHAT WE CAN DO IS ADJOURN THIS SESSION UNTIL OCTOBER 15TH.
SO WE'RE GONNA GET THE COMMENTS IN WRITING
[01:45:01]
FROM THE GENTLEMAN IN THE AUDIENCE.WE'RE ALSO HOPING TO POTENTIALLY OBTAIN, UH, SOME COMMENTS IN WRITING FROM THE ENGINEERING FIRM THAT YOU LOOKED AT.
I THINK A QUESTION OF THE BOARD FOR THE APPLICANT WAS, CAN YOU MAKE AN EFFORT TO SPEAK TO THE NEIGHBOR ON THE OTHER SIDE TO SEE IF ACCESS COULD POTENTIALLY BE, UM, UTILIZED ON THAT SIDE.
AND WITH ALL THAT SAID, THE BOARD IS GOING TO ADJOURN THIS PUBLIC HEARING, OR THE BOARD IS GONNA MAKE A MOTION SEEKING TO ADJOURN TO, UH, OCTOBER 15TH.
ALL OPPOSED? ONE OTHER COMMENT.
BASICALLY WHAT MY ENGINEER WAS SAYING IS WHAT THIS GENTLEMAN IS SAYING, THEY, THEY'RE IN AGREEMENT TO JUST DO IT A LITTLE BIT AT A TIME AND, AND TAMP IT DOWN.
TO NOT ACCESS IT FROM THE OTHER SIDE.
WHY NOT TRY, THERE'S SO MUCH MORE ROOM OVER THERE.
UM, WHAT WE'RE GONNA DO, SO WE'RE GONNA ASK, WE'VE ASKED HIM TO LOOK INTO THAT YES.
PROPERTY ON HIS NAME AND ADDRESS OR PHONE NUMBER.
SO ONE THING WE CAN'T, WE HAVE TO EITHER TALK ON RECORD OR, UM, OUTSIDE.
SO IF YOU COULD SPEAK OUTSIDE AND COORDINATE, THAT'D BE GREAT.
WE'LL HAVE YOU BACK IN ON THE 15TH AND, UH, WE APPRECIATE YOUR TIME.
NOW WE GOTTA CLOSE THE PUBLIC HEARING SESSION OF THE MEETING AND NOW WE'RE GONNA CLOSE THE PUBLIC SESSION SEC SECTION OF THE MEETING.
ALL OPPOSED? THANK YOU BARBARA.
'CAUSE I, I SEE THAT YOU HAVE A BIG PROJECT COMING UP.
UH, WHAT, WHAT WE ARE HERE FOR IS A TWO STEP PROCESS.
I NEED TO GET A, SOME TYPE OF RECOMMENDATION FROM THE PLANNING BOARD IN ORDER TO GO TO THIS ZONING BOARD OF APPEALS IN ORDER TO LEGALIZE THE EXISTING CONDITIONS OF THIS BUILDING, WHICH IS EVERY BIT OF 60, IF NOT 70 YEARS OLD.
WHAT HAPPENED, UH, TO THIS PARTICULAR BUILDING? NOTHING HAS CHANGED SINCE IT WAS BUILT.
IT HAS FOUR APARTMENTS ON TOP OF THREE, UH, BUSINESSES AT THE BOTTOM.
UM, THE GENTLEMAN THAT OWNS IT BOUGHT IT IN THAT CONDITION, NEVER MADE ANY ADDITIONS, NEVER MADE ANY CHANGES.
SO HE'S PROBABLY OWNED IT FOR 40 YEARS.
WHAT HAPPENED WAS THAT THE SHOP ON THE NORTHERN SIDE, WHICH WAS A SMOKE SHOT SHOP, HAD SOME TYPE OF A SMALL FIRE.
ONCE THAT HAPPENS, OF COURSE THE BUILDING DEPARTMENT ENTERS AND BEGINS TO, UH, TAKE, UH, ORGANIZES THE PROCEDURE TO FOLLOW.
OF COURSE THE BUILDING GETS CLOSED OUT AND, UH, THE, THE REPAIRS THAT ARE NECESSARY, UM, GET FILED.
I DID THAT AND THE CLIENT CALLED ME.
I KNOW HIM FOR SO MANY, I DID HIS HOUSE.
ANYWAY, THE FILE, THE, UH, DRAWINGS WERE FILED AND, UM, THE REPAIR THAT WE WERE, WE FILED FOR WAS DONE.
BUT THEN THERE WAS A CON, A SUBSEQUENT, UM, UH, ORDER TO FIX SOMETHING ELSE.
THERE WAS AN OUTSTANDING, UH, UH, BUILDING PERMIT THAT WASN'T CLOSED, BUT IT WAS, WE FOUND OUT LATER THAT IT WAS, IT WAS A STRUCTURAL, UH, UM, UM, UH, REPAIR THAT WAS DONE WHEN A DUCK WAS BEING BUILT, BUT IT HAD BEEN CLOSED.
WE FOUND OUT AND WE, WHEN WE TOOK OUT THE WALL, WE SAW THAT THE PLATE HAD BEEN WELDED AND SAW, AND THE TWO COLUMNS WERE IN PLACE.
SO I'M SAYING THIS ONLY BECAUSE THE AMOUNT OF TIME THAT IT TOOK THE OWNER TO ANSWER EVERY SUBSEQUENT NEED BY THE BUILDING DEPARTMENT, AND I, I FOLLOWED THROUGH WITH ALL THREE OR FOUR REQUESTS.
UM, IN DOING SO, THE TIME PERIOD, UH, WENT ON AND, AND UNBEKNOWNST TO ALL OF US, AFTER SIX MONTHS OF, UH, OF A SITE THAT IS EXISTING NON-CONFORMING, THAT NON-CONFORMITY IS LOST.
SO WE NOW, UM, CANNOT OCCUPY THE BUILDING UNTIL WE SATISFY THE NON-CONFORMITY THAT WE LOST BECAUSE OF THE EXTENSIVE, UH, LONGER THAN SIX MONTH REPAIR PERIOD.
NOW THAT'S MEANINGLESS RIGHT NOW BECAUSE THAT'S, THAT'S THE PARTICULAR CASE THAT WE FIND OURSELVES IN.
SO ONE OF THE ITEMS, AND I I THINK THE FASTEST THING IS FOR YOU FOLKS TO UNDERSTAND THE VARIANCES THAT ARE NECESSARY.
CAN YOU JUST EXPLAIN IT TO ME, UM, IN A SIMPLER WAY? SO YOU'RE NOT TRYING TO CHANGE ANYTHING? NO.
YOU'RE JUST TRYING TO LEGALIZE YOUR CORRECT.
AND YOU'RE TRYING TO LEGALIZE IT.
BECAUSE WHY DON'T YOU GIVE HIM THAT FIRE? WHY DON'T YOU GIVE HIM THAT ROAMING MIC? NO, THAT'S AN IMPORTANT, IT'S NOT APPRECIATE THAT.
WE ARE NOT, WE'RE NOT TRYING TO GET ANYTHING DIFFERENT.
[01:50:01]
WE IS GOING, WE'RE TRYING TO BE BACK ONLINE, UH, WITH THE SAME STATUS, THE SAME USE, THE SAME NUMBER OF, UH, OF, OF THE SAME TYPE OF USES THAT WE HAD BEFORE THE FIRE, UH, HAPPENED.AND TO DO THAT, YOU'RE BEING, YOU'RE EITHER ASKING FOR VARIANCES OR YOU HAVE TO MAKE CHANGES.
OH NO, THERE'S NO CHANGES NECESSARY.
WE ONLY, THAT'S WHY I GAVE YOU THIS.
WE, UH, THE, THE ANALYSIS BY THE BUILDING DEPARTMENT WAS VERY THOROUGH.
AND THE LIST OF VARIANCES THAT YOU HAVE IN THE LAST PAGE OF YOUR, UM, ADDENDUM FROM THE BUILDING DEPARTMENT SUMMARIZES THE KEY, UH, UH, THINGS THAT, UH, ELEMENTS THAT WE NEED TO BE SATISFIED.
THEY'RE ALL HAVING TO DO WITH PARKING.
EMILIO, YOU KNOW, IT MIGHT BE GOOD IF WE JUST WENT THROUGH THE VARIANCES YES.
ONE, I'M GONNA PUT THE DRAWING UP QUICKLY.
THE SECOND THING IS THE BOARD IS GONNA HAVE TIME TO GO THROUGH THE VARIANCES AT A FUTURE WORK SESSION.
WE HAVE 53 MINUTES LEFT IN THE EVENING AND WE HAVE A NUMBER
WHAT I'D LIKE YOU TO DO WHEN I PUT UP THE DRAWING IS SPEAK TO THE SITE PLAN BECAUSE YOU'RE SEEKING TO OBTAIN SITE PLAN APPROVAL FROM THE PLANNING BOARD, UH, BECAUSE THERE IS NO SITE PLAN ON RECORD FOR THIS SITE.
SO WE GO THROUGH THE PARKING STALLS, YOU KNOW, THE CIRCULATION AROUND THE BUILDING, THINGS OF THAT NATURE.
AND MAY WE'LL ULTIMATELY GET INTO THE VARIANCE.
AND, AND, AND MAY I MAKE ONE REQUEST SINCE THIS IS THE, THE FIRST OF WHAT WILL BE, YOU KNOW, MULTIPLE WORK SESSIONS.
SO YOU JUST SUGGESTED THAT THE REASON WHY, UM, THE, THE APPLICANT LOST THEIR NON-CONFORMING USE WAS BECAUSE THE PROCESS TOOK LONGER THAN SIX MONTHS.
AND YOU SUGGESTED THAT WAS BECAUSE OF, OF MAYBE A LACK OF URGENCY ON THE PART OF THE TOWN.
SO COULD YOU CREATE A, A CLEAR TIMELINE OF COMMUNICATION BETWEEN YOU AND THE TOWN WHEN, WHEN ITEMS WERE REQUESTED, WHEN YOU RECEIVED RESPONSES SO THAT WE CAN DETERMINE EXACTLY WHEN, UH, THE SIX MONTH PERIOD OCCURRED? WELL, IT'S NOT MY, IT'S NOT MY PURPOSE ANY, WITH ANY CLIENT TO, UH, LOG IN.
AND I, MY ANSWER IS I DON'T LOG IN WHEN I DO CERTAIN RESPONSES.
WHAT'S THE COMMUNICATION BY EMAIL? YES, YOU CAN, WE CAN, WE CAN GO RECORD.
SO COULD YOU CREATE A TIMELINE, A RECORD OF CORRESPONDENCE? I'M, I'M AN OLD GOOSE.
EMAIL AND, AND ALSO VISIT PERSONALLY, BUT WHAT, WHAT YOU CAN, IF YOU'RE INTERESTED IN THAT.
REALLY, I, I JUST MADE THAT COMMENT IN PASSING.
WELL, YOU'VE SUGGESTED THAT THE REASON WHY YOU LOST THE NON-CONFORMING USE WAS BECAUSE OF SOME LACK OF RESPONSE BY THE TOWN.
I DON'T, SO IF THAT'S THE CASE, DON'T WANNA, I THINK THAT'S RELEVANT TO THIS CASE.
I DON'T WANT IT, I DON'T WANT IT TO GO IN THAT DIRECTION.
I SIMPLY SAID, YOU SAID IT, WHAT WAS SAID? WELL, I SIMPLY SAID WHAT WAS TRUE.
IF YOU WANT ME TO DOCUMENT MY STATEMENT, I WILL.
BECAUSE WHAT WE NEED TO DO IS TO, YOU FOLKS HAVE TO VERIFY, IS THIS NEWLY CREATED? THE ANSWER TO THAT IS NO.
IS THIS NECESSARY FOR THIS MAN TO CONTINUE USING HIS BUILDING? ALL RIGHT.
SO, SO THE ANSWER TO THE ANSWER THAT IS YES, MAY, MAY I JUST STOP.
'CAUSE WE DON'T, IT DOESN'T MATTER WHY WE DON'T WANNA GO THROUGH THE BACK AND FORTH.
IS THE ANSWER TO UM, UH, CH UH, VICE CHAIR PAYNE'S QUESTION? NO, I WILL NOT PROVIDE A WRITTEN TIMELINE.
IF THAT'S THE ANSWER, THEN THAT'S THE ANSWER AND WE CAN, NO, I DON'T WANNA BE NEGATIVE ABOUT ANYTHING.
I MEAN, IF I, I JUST DON'T HAVE THE RECORDS THAT HE NEEDS, THAT'S ALL.
ALRIGHT, AND THEN I JUST WANT TO GET CLARIFICATION FROM THE ATTORNEY.
I THOUGHT THAT YOU LOSE YOUR NON-CONFORMING USE BECAUSE THE BUILDING IS EMPTY.
IT'S WHEN IT'S SIX MONTHS, IT'S NOT CONTINUED.
SO I, I CAN SPEAK TO THAT AND I THINK IT'S IMPORTANT TO, UM, RESPOND TO MR. PINE'S REQUEST BECAUSE ONE OF THE VARIANCES HERE RELATES TO THE NUMBER OF DWELLING UNITS ON THE PROPERTY.
THERE HAD BEEN FOUR PREEXISTING UP ABOVE ON THE SECOND FLOOR.
THEY, THEY WANT TO RETAIN FOUR, BUT THE CODE ONLY ALLOWS FOR TWO.
AND, AND WHAT IS INDICATED IN THE BUILDING INSPECTOR'S MEMO IS THAT THE, AND SHE SAYS IT HERE, THE DEPUTY BUILDING INSPECTOR.
THE ISSUE HERE IS THAT MORE THAN SIX MONTHS HAVE ELAPSED SINCE THE USE AND OCCUPANCY OF THE FOUR APARTMENTS.
SO THAT PLAYS INTO YOUR REQUEST TO THE ZONING BOARD, WHICH THIS BOARD IS GONNA BE ISSUING A RECOMMENDATION ON.
IF IT TURNS OUT, YOU KNOW, THE TIMELINE SHOWS THAT, YOU KNOW, THERE, THERE WAS A LOT OF BACK AND FORTH, BUT YOU GUYS WERE BEING PROACTIVE.
THAT COULD PLAY INTO ULTIMATELY WHAT THIS BOARD RECOMMEND.
IT COULD BE SOMETHING THAT'S CONSIDERED BY THIS BOARD IN TERMS OF RECOMMENDING TO THE ZONING BOARD IN ITS I HEAR YOU LOUD AND CLEAR, BUT I DON'T THINK IT'S A GOOD PATH BECAUSE I THINK EVERYONE WAS TRYING TO DO THE BEST JOB.
IT SIMPLY, IT TOOK BECAUSE OF THE FIRE,
[01:55:01]
BECAUSE OF ALL THE INTRICACIES OF, OF GETTING REAL ALARMED AND THIS AND THAT.THEN THERE WAS A, THERE, THERE WAS A COMMENT THAT WAS A BUILDING PERMIT THAT WAS NEVER CLOSED, WHICH WE FOUND OUT LATER, AFTER THREE MONTHS OF, OF MEASURING, SUBMITTING DRAWINGS, DESTROYING WHAT WAS THERE.
AND WE FOUND THAT WHAT WAS ORIGINALLY SUBMITTED AND, AND, AND CLOSED WAS THERE.
SO I'M SAYING, UH, YOU KNOW, IT WAS A SURPRISE TO ALL OF US, EVEN I THINK TO THE BUILDING DEPARTMENT.
SO IT'S, IT'S, IT'S NOT, I SAID IT ONLY IN ORDER TO PROVE TO THE BOARD THAT IT WAS NOT THE INACTIVITY OF THE OWNER.
AND THAT'S, THAT'S AN IMPORTANT, UH, THING TO KEEP IN MIND.
HE WAS TRYING DESPERATELY TO SEEK A-C-C-O-O SO HE CAN RE HE LOST TWO LEASES.
HE'S BEING SUED BY ONE OF THE ORIGINAL TENANTS BECAUSE THEY ACCUSED HIM OF NO, NO ACTION, NO ACTIVITY.
THE INSURANCE COMPANY, UH, UH, REFUSED TO PAY THEM, UH, BECAUSE IT WAS TAKEN TOO LONG.
SO IT'S, IT'S A, IT'S A, IT'S A VALID POINT THAT I RAISED ONLY BECAUSE IT'S FOLLOWED THIS PARTICULAR, UH, CASE FROM THE VERY BEGINNING.
AND I, I DON'T WANT IT TO BE, UH, UH, BLAMING ONE PERSON OR THE OTHER.
IT IS SIMPLY SOMETHING THAT HAPPENED.
AND SO I DOCUMENT IT AS PART OF, OF THE ISSUE AT HAND.
AND I HOPE IN SAYING THAT, THAT YOU UNDERSTAND THAT THE LACK OF PERFORMANCE WAS NOT THE OWNER'S LACK OF PERFORMANCE.
IT WAS SIMPLY A SERIES OF ISSUES THAT CAME UP.
AND I THINK THAT'S THE POINT OF LAYING OUT THE TIMELINE.
THIS BOARD IS JUST SEEING THIS PROJECT.
BUT I DON'T KNOW HOW TO DO THAT BECAUSE, UH, I I, I DON'T HAVE, I DON'T KEEP RECORDS OF WHEN I ANSWERED EMAILS.
I THINK THE BUILDING DEPARTMENT IS PROBABLY IN A BETTER POSITION TO, TO DEVELOP THAT THAN I, SO I'M SURE THAT THEY HAVE THE DATES OF SUBMISSION AND SO ON.
AND SO FOR THE VARIANCES, THE PLANNING BOARD'S NOT GONNA CONSIDER THE VARIANCE FACTORS.
WHEN IT MAKES ITS RECOMMENDATIONS, IT'S GONNA LOOK AT THE PLANNING AND IMPLICATIONS AND CONSIDERATION.
UM, AS WE'VE DONE BEFORE, WE'RE NOT GONNA GO THROUGH THE VARIANCE STANDARD.
THAT'S WHAT THE ZONING BOARD DOES.
SO YOU CAN MAKE THE CASE ABOUT, YOU KNOW, WHY IT WAS DISCONTINUED OR, OR WHY THINGS WERE NOT ABLE TO OCCUR, UM, TO THE ZONING BOARD.
IS THE SITE PLAN UP I AS MUCH INFORMATION AS I HAVE? CAN YOU SPEAK TO THE SITE PLAN? YEAH.
THE, THE BUILDING, AS I SAID, NEVER, IT NEVER CHANGED.
AND THE ONLY ISSUE IS WHY DID THIS HAPPEN? AND I, I DIDN'T UNDERSTAND WHY THIS WAS HAPPENING.
AND I REALIZED THAT THE NEIGHBOR WHO WAS ORIGINALLY SHARING THE GEOMETRY OF ACCESS BETWEEN THE TWO LOTS AND IT, WHICH WOULD HAPPENED FOR YEARS AND YEARS AND YEARS, ALL OF A SUDDEN, FOR REASONS THAT I DON'T KNOW, DEVELOPED THIS, THE, ACTUALLY BUILT WITHIN HER RIGHT.
A, A LINE DELINEATING THE DIVISION BETWEEN THE PROPERTY AT THE NORTHERN SIDE AND MR. NEGAN'S PROPERTY.
NOW YOU SEE THESE DOTTED LINES, HOW THE HISTORY OF PARKING OF THIS BUILDING HAD EXISTED FOR MANY YEARS.
SO YOU SEE THAT THE LINE BEING DETERMINED ON THE NORTHERN SIDE ELIMINATED 1, 2, 3, 4, 5, MAYBE SIX.
THAT'S, THAT'S ONE MAJOR, UH, ELIMINATION OF SPACES.
THE LOOK AT THE FRONT, UH, PARKING SCHEME, THAT EX AGAIN EXISTED FOR PROBABLY 50 YEARS AND IN MANY LOTS ALONG SAWMILL RIVER, THAT'S STILL GOING ON BECAUSE, UM, THE DOT PROPERTY WAS NEVER DEMARCATED PROPERTY BY EITHER DOT OR THE OWNERS OF THE PROPERTY.
SO, SO THIS, THIS PROPERTY LINE LOCATION IS REALLY NOT KNOWN.
AND AS A RESULT, MANY BUILDINGS, IF AND I DROVE BACK AND FORTH AND I CAN PUT THE FINGER, BUT IT, THAT'S NOT THE POINT.
BUT WE'RE LOOKING AT THIS ONE.
THAT'S NOT, WE'RE HERE THAT NOW AND WE, THIS WILL BE A, A, A BEGINNING MAYBE OF THE CLEANSING PROCESS THAT HAS TO OCCUR TO OTHER PROPERTY OWNERS ALONG SO MILL.
AND SO THE NEW PROPERTY, UH, PLAN THAT I SHOW IS THE ONLY POSSIBLE LOGICAL, UH, PARKING SCHEME THAT IS LEFT TO ANYBODY TO MANIPULATE THE, THE, THE, THE SPACES THAT ARE OPEN BETWEEN THE BUILDING AND THE PROPERTY LINES.
UH, AS, AS I SAID, YOU SEE THE DOTTED LINES ON THE, ON THE NORTHERN SIDE, ON THE LEFT SIDE, AS YOU LOOK AT IT, THEY'RE ALL GONE.
SO ALL QUICK QUESTION, AMELIA.
UM, MR. ESTAS, SO CORRECT ME IF I'M WRONG, BUT ALSO THE SPOTS IN THE FRONT THAT HAD EXISTED FOR A LONG TIME, I HAVE A SOLUTION FOR THAT.
IT CAME UP, IT CAME UP, I THINK YOUR CLIENT OR, OR YOU HAD ASKED DOT IF THEY COULD CONTINUE USING THOSE SPACES.
AND THAT, THAT THEY DID NOT GRANT YOU AC UH, PERMISSION TO USE THOSE SPACES, SPACES.
THE, THE SPACE IN THE FRONT HERE THAT, THAT, UM, IN THE EXISTING CONDITION OVERLAP INTO THE RIGHT OF WAY.
EITHER YOU OR YOUR CLIENT ASK THE DOT FOR PERMISSION TO CONTINUE.
DOT WILL NEVER ALLOW US TO PARK THERE.
I MEAN, I CAN GO THROUGH THE PROCESS, OF COURSE.
IF, IF THE BOARD REQUIRES IT, ABSOLUTELY.
FROM MY EXPERIENCE IN WORKING WITH DOT, THAT IS NOTHING THAT THEY WILL CONSIDER.
THAT'S BECAUSE IF THERE'S AN ACCIDENT IN THEIR PROPERTY AND WE, THEY
[02:00:01]
KNOWINGLY GAVE US PERMISSION TO, THEY HAVE NO CASE.SO, SO HAS THERE BEEN ANY DIRECT COMMUNICATION? I I HAVE NOT IS THE QUESTION.
I CAN CERTAINLY ADDRESS THAT IF THE BOARD NEEDS AN ANSWER, OFFICIAL ANSWER, BUT YES, I CAN, I CAN BRING THERE AND, UH, SHE, I CAN ABSOLUTELY GET THAT QUICKLY DONE.
SHE WILL WRITE ME AN EMAIL SAYING THE VISIT DECIDED.
SO THAT, THAT BEING THE CASE, EIGHT AND NINE SHOULDN'T BE ON THIS PLAN.
WELL, SPACE EIGHT AND NINE IN THE FRONT HAVE BEEN IDENTIFIED.
WELL, LET ME QUICKLY ADDRESS THAT BECAUSE THAT'S THE, THAT'S THE HAND THAT I GAVE YOU.
THE, THE, UH, THE BUILDING DEPARTMENT CORRECTLY NOTICED THAT THE CORNER ON THE RIGHT IN YOUR DRAWING IS THE, UH, GREEN BUBBLE.
THERE'S A GREEN BUBBLE AND A BLUE BUBBLE.
THE GREEN BUBBLE AND THE BLUE BUBBLES INDICATE THE TWO NARROWEST POINTS TO BE ABLE TO, TO, TO RESCUE LOTS, UH, UH, PARKING LOTS, 11 AND 10.
IN ORDER, IN ORDER FOR THE TRAFFIC TO ENTER, YOU NEED 12 FEET.
THE, THE DISTANCES IN THE NARROW CORNERS IN THE BLUE AND THE GREEN ARE EIGHT, SEVEN.
NOW I CAN PHYSICALLY FIT THE CAR.
SO WE CAN, WE CAN, AND THE BOARD SHOULD KNOW THIS, WE COULD USE 11 AND 10, UH, UH, UH, PHYSICALLY BY AN EMPLOYEE THAT WORKS THERE, AND THEY CAN TAKE THEIR TIME AND SLOWLY ENTER INTO THOSE SPACES.
SO, UH, EIGHT FOOT SEVEN IS WIDER THAN A SIX FOOT FOUR, WHICH IS THE AVERAGE WIDTH OF A CAR.
I'M GONNA NEED THAT IF YOU DON'T HAVE EXCESSIVE MIRRORS.
BUT, BUT WE WOULD WANT YOU TO SUBMIT THIS, UM, FOR REVIEW BY THE BUILDING INSPECTOR'S OFFICE.
I WOULD, I WOULD ACTUALLY ASK FOR SURVEYOR BETTER THAN ME.
UH, I MEASURED THAT TONIGHT JUST TO MAKE SURE THAT, UH, THOSE DIMENSIONS THAT, THAT, UH, ELIZABETH HAD MENTIONED WERE CORRECT AND SHE WAS DEAD ON.
SO, BUT I WANT THE OFFICIAL NUMBER FROM A SURVEY TO BE PART OF THE, PART OF THE, SO WOULD WOULD AN EMERGENCY VEHICLE BE ABLE TO, TO GET THROUGH AND NO VEHICLE CAN, THE EMERGENCY VEHICLE CAN, CAN GO AND ENTER AND SERVICE THE LOT, UH, BETWEEN THE PARKED SPACES ON THE SOUTHERN SIDE AND THE BUILDING THAT GIVES YOU 20 MORE, 21.4, WHICH IS MORE THAN 20 FEET, WHICH IS WHAT THEY NEED TO ACCESS.
THEY DON'T, THEY CAN ACCESS THE OTHER CORNER FROM THE OTHER LOT ON THE OTHER SIDE.
I, I, SO THAT'S, THAT'S NOT, THAT'S, YEAH.
I JUST WANNA BE CLEAR WHEN YOU SAID THE BUILDING ON THE OTHER SIDE AND JUST BECAUSE WE KNOW IT'S CARVAL, IS THAT OKAY MENTION? IS IT, WHAT IS THE RULE IN TERMS OF, UH, FIRE DEPARTMENT EMERGENCY VEHICLE NEEDING TO HAVE ACCESS TO A BUILDING, BUT THEY'RE ON SOMEONE ELSE'S PROPERTY? THAT'S OKAY.
I, I, I'M PERF I'M PERFECTLY SATISFIED WITH SAYING THAT THIS WILL BE A PERFECT, SAFE, UH, UH, ARRANGEMENT.
BUT, UH, IF WE NEED A LETTER FROM THE FIRE CHIEF, OF COURSE WE WILL ASK HIM AND SEE IF THIS, IF THIS HAS BEEN IN EXISTENCE FOR 40 YEARS.
THE, THE ONLY OTHER COMMENT, NO, I'M 60 YEARS.
THE ONLY OTHER COMMENT IS, UH, THAT I SEE YOU RESPONDING TO IN THE HANDOUT TONIGHT IS, UH, WITH RESPECT TO THE PLAN THAT'S UP PARKING SPACE IS EIGHT AND NINE WERE IDENTIFIED AS PARTIALLY FALLING WITHIN THE DOT RIGHT AWAY.
AND THEREFORE NOT BEING COUNTED.
UM, IN THE, THE, WHAT I SEE THE MARKUP IN TONIGHT'S CIRCULATED HANDOUT IS THAT THE APPLICANT WOULD BE PROPOSING TO REMOVE APPROXIMATELY 24 INCHES OF THE CONCRETE WALK.
THERE'S A SIDEWALK THERE THAT'S SIX FEET.
THE CONCRETE WALK TO SHIFT THESE SPACES, UH, FULLY WITHIN THEIR PROPERTY BOUNDARIES.
SO THAT'S THE ORANGE IN THEIR, UH, HANDOUTS.
SO WE'LL NEED THAT REVIEWED BY THE BUILDING INSPECTOR'S OFFICE TOO, BECAUSE THE VARIANCE DETERMINATION MEMO MAY CHANGE ARE THERE ANY OTHER, LET ME MAKE A FINAL STATEMENT, AND THIS HAS TO BE IN YOUR HEAD AND IN YOUR HEART.
THIS BUILDING HAS BEEN IN EXISTENCE FOR 60 YEARS.
THE OWNER PROBABLY OWNS IT FOR 40 YEARS.
NOTHING IS WITHIN OUR POWER OTHER, OTHER THAN TO NOT OCCUPY THE BUILDING AND CONDEMN IT.
THAT IS A VERY REAL, UH, UH, RESULT OF THIS.
OBVIOUSLY, THAT'S NOT GONNA HAPPEN BECAUSE THAT, THAT'LL GO TO COURT AND THAT THAT'S TAKING OF PROPERTY.
UH, YOU ARE IN A TOUGH SITUATION, LIKE I'M IN A TOUGH SITUATION.
YOUR QUESTIONS ARE ALL APPROPRIATE, BUT THE ANSWERS ARE NOT CHANGEABLE.
I CANNOT GIVE YOU ALTERNATIVES OTHER THAN WHAT I'VE GIVEN YOU TONIGHT.
I AM STUCK WITH THE EXISTENCE OF THE BUILDING, THE LIMITS WITHIN THE PROPERTY, AND THERE'S, I CANNOT CREATE PARKING SPACES.
I CAN BUY A LOADING MACHINE WHERE I CAN WING THE CARS.
THAT'S THE ONLY OTHER THING THAT I CAN DO, BUT I CAN'T DO ANYTHING.
SO I NEED TO GO TO THE ZONING BOARD OF APPEALS AND GET THEIR, THEIR TAKE ON THIS.
ARE, ARE THERE ANY, UH, PROPOSED SITE PLAN IMPROVEMENTS LIKE A SIDEWALK OR ANY GREEN, GREEN SPACE? I'M OPEN TO ANY OF THAT.
IF THE BOARD, THERE IS NO ROOM, AS YOU CAN SEE.
UM, UH, UNLESS DOT WANTS TO ENTERTAIN A SIDEWALK ON THEIR PROPERTY, I, WE CAN, WE CAN GO TO DOT AND WE CAN CERTAINLY SUGGEST WHAT THE BOARD MAY, MAY.
IF DOT WAS WAS OPEN TO A SIDEWALK, THE APPLICANT WOULD BE FAVORABLE TO THAT.
WELL, THAT'S UP TO THE APPLICANT.
I WOULD PROBABLY SUGGEST YES, BECAUSE THERE IS REALLY NO, NO DIRECTION
[02:05:01]
OTHER THAN FORWARD HERE.SO I, I THINK THAT'S A GREAT SUGGESTION.
UM, COME UP WITH ANYTHING ELSE THAT YOU THINK MIGHT HELP HIM.
THE VILLAGE AND THIS AND THIS PARTICULAR A AND WE WILL GO FORWARD TO THE DOTN.
SOME, SOME BEAUTIFICATION WOULD BE GREAT IF HE WOULD INCORPORATE THAT INTO A SIDEWALK.
FRONTAGE THE SIDEWALK, BUT ALSO PERHAPS PLANTERS OR SOMETHING RAIN YOU TO, TO MAKE AN IMPROVEMENT BETWEEN.
THERE IS A SIDEWALK AND I WAS JUST REMEMBERING, THERE IS A SIDEWALK ON THE SOUTHERNMOST, UH, PROPERTY.
SO SOMETHING TO MIMIC THAT, YOU KNOW, AND ANYBODY WALKS OVER, EVERYBODY DRIVES OVER IT.
WELL, I MEANT CLOSE I TO THE BUILDING IDEA.
YOU DON'T NECESSARILY HAVE TO DO, I LOVE THE IDEA, I LOVE THE IDEA THAT WHOLE AREA, BUT JUST WHAT YOU CAN DO HAS TO BE UNIFIED.
ANYWAY, JUST WANTED TO GIVE YOU SOME HOMEWORK AND SOME INITIAL, THAT'S A POSITIVE THOUGHT.
IS THE BUILDING EMPTY? COMPLETELY? YEAH, TOTALLY.
HE'S BEEN, HE LOST RENT FOR TWO, TWO YEARS, SO HE'S A LITTLE BIT DESPERATE.
ALRIGHT, SO PLEASE OKAY, FORWARD THAT SUBMISSION TO THE BUILDING INSPECTOR OF CONSIDER.
I'LL DO A SURVEY AND WE WILL, YEAH, I NEED, I WILL NEED A NEW SURVEY TO GO TO DOT.
CONSIDER THE COMMENTS MENTIONED TONIGHT AND WE'LL EVERYONE A FOLLOW UP WORKS SECTION AND WHOEVER SAID IT.
OKAY, AND LAST BUT NOT LEAST IS OLD BUSINESS CASE NUMBER TB 2 5 0 6, UH, AND PB 25 DASH 23, THE SEVEN WAREHOUSE LANE IN ELMSFORD.
THIS IS A TOWN, TOWN BOARD AND PLANNING BOARD.
WELL, I'M SORRY, IT'S A PLANNING BOARD STEEP SLOPE PERMIT.
UH, A REFERRAL FROM THE TOWN BOARD WILL LET THE APPLICANT SPEAK.
RESUB, THIS IS GLEN PANA, CEO OF TALE INDUSTRIES.
I'M HERE WITH DAVID STEINMETZ.
WE'VE, UM, IN THE LAST TWO WEEKS, WEEK AND A HALF, WE'VE HAD MEETINGS WITH THE TOWN BOARD, UH, WITH THE BUILDING INSPECTOR AND THE TOWN STAFF.
I GUESS I'LL TURN IT OVER TO DAVID.
GOOD EVENING, MADAM CHAIR MEMBERS, THE BOARD, DAVID SIMON.
WE'RE ALSO JOINED BY, UH, JEFF MANGANO AND CHRIS CAMPERO FROM FAIL AND MY COLLEAGUE BRIAN
IN ADDITION, UH, AS GLEN JUST SAID, WE ALSO HAD A RECENT MEETING, UM, SEVERAL OF YOUR STAFF, UH, AND, AND TOWN OFFICIALS WERE THAT WERE PRESENT AS WELL WITH THE ELMSFORD, UH, FIRE CHIEF.
UH, WE ALSO AT, AT YOUR REQUEST FROM THE MEETING LAST WEEK, MR. ACTING CHAIR AT THE TIME, UM, WE DID MAKE, UH, AS MUCH OF A, UH, PROMPT AND COMPREHENSIVE RESUBMISSION TO YOUR BOARD.
UM, WE KNOW WE RECEIVED SOME ADDITIONAL COMMENTS FROM, UH, SOME TOWN STAFF MEMOS THAT WERE RECEIVED EITHER LATE FRIDAY OR EARLY TODAY.
WE'RE HAPPY TO WALK THROUGH WHATEVER TOPICS YOU WISH.
WE'RE HAPPY TO ANSWER ANY QUESTIONS.
UM, I DON'T THINK IT WOULD BE PRODUCTIVE FOR US TO JUST MAKE A PRESENTATION BECAUSE THERE'S AN AWFUL LOT OF MATERIAL THAT'S BEEN SUBMITTED.
WE'VE BEEN AT THIS FOR QUITE SOME TIME IN FRONT OF THE ZONING BOARD.
AND JUST FOR THE BENEFIT OF THE RECORD, REMINDING YOU ALL, WE ARE HERE AFTER HAVING SECURED A SPECIAL USE PERMIT FROM THE ZONING BOARD OF APPEALS.
IT WAS REFERRED TO THE TOWN BOARD FOR US TO PURSUE A SITE PLAN, UH, APPROVAL, WHICH IS REALLY A RE DOCUMENTATION OF THIS OPERATION THAT'S BEEN IN EXISTENCE IN THE TOWN NOW FOR 27 YEARS.
AND WE'RE HERE IN FRONT OF YOUR BOARD BECAUSE THE TOWN BOARD DID A MANDATORY REFERRAL TO YOUR BOARD FOR A RECOMMENDATION.
SO WE'RE HERE REALLY IN SIMPLE ENGLISH.
ANYTHING YOU NEED FROM US SO THAT YOU CAN MAKE A RECOMMENDATION BACK TO THE TOWN BOARD.
WE WANNA MAKE SURE YOU HAVE, WE WANT TO ANSWER YOUR QUESTIONS.
WHAT WE'RE REALLY HERE TO GET IS TO TRY TO SEE IF YOU'RE IN A POSITION TONIGHT OR IF NOT, UM, TO MAKE A RECOMMENDATION TO THE TOWN BOARD AT THE EARLIEST POSSIBLE DATE.
OKAY? THAT SAID, IF THERE'S NO QUESTION FOR THE APPLICANT, WE'RE GONNA NEED TO GO INTO EXECUTIVE SECTION SESSION.
WHY DID FOR, FOR LEGAL COUNSEL, IT'S NOT TECHNICALLY AN EXECUTIVE.
WE'RE GOING IN THE BACK FOR LEGAL COUNSEL.
UM, IF YOU WOULD GIVE US A FEW MOMENTS ABSOLUTELY.
AND ANYTHING WE CAN ANSWER FOR YOU.
I SHOULD SAY ALSO, SO THAT YOU ALL KNOW, I BELIEVE ONLINE, UM, WE HAVE KEN BRENER, OUR DE OUR FORMER DEC OFFICIAL AND PART 360 SOLID WASTE MANAGEMENT AND RECYCLING CONSULTANT, IRV GILL, OUR SAFETY, UH, OSHA AND SSHA CONSULTANT.
AND PETER LOYOLA FROM CLA, ENGINEERING, OUR CIVIL ENGINEER.
SO OUR WHOLE TEAM IS PRESENT AND READY TO ANSWER.
UH, COUNSEL FOR LEGAL COUNSEL.
WE ARE RECONVENING FOR THE SEPTEMBER 29TH, 2025
[02:10:02]
PLANNING BOARD MEETING.WE JUST CAME FROM A LEGAL DISCUSSION IN THE BACK, BUT NO VOTES WERE TAKEN AT THIS TIME.
THE PLANNING BOARD IS, I BELIEVE IN A POSITION TO MOVE FORWARD WITH THE RECOMMENDATION AS WRITTEN UNLESS THERE ARE ANY QUESTIONS OR COMMENTS ABOUT THE RECOMMENDATION THAT WAS WRITTEN UP BY THE TOWN STAFF FOR ALL COMMENTS, GO AHEAD.
UM, THE TOWN BOARD REFERRED THIS, UH, SITE PLAN APPLICATION TO THE PLANNING BOARD ON JULY 9TH.
AS PER TOWN STATUTE, THE PLANNING BOARD HAS 90 DAYS TO ISSUE ITS RECOMMENDATION.
THAT PERIOD CLOSES ON OCTOBER 7TH.
WE DO NOT HAVE ANOTHER MEETING BETWEEN TONIGHT AND OCTOBER 7TH.
SO THE BOARD WOULD BE IN A POSITION TO CONSIDER A RECOMMENDATION THIS EVENING.
JUST POINT OF ORDER BEFORE, BEFORE YOU PROCEED.
O OBVIOUSLY YOU ALL KNOW THAT YOUR STAFF REACHED OUT AND ASKED FOR AN EXTENSION OF, OF TIME.
UM, AND MY CLIENT IS PREPARED TO GRANT AN EXTENSION OF TIME IF YOUR BOARD NEEDS THE TIME.
UM, WE, WE STARTED BY SAYING, UM, DO YOU HAVE QUESTIONS? IS THERE MORE INFORMATION YOU NEED? IS THERE MORE DIALOGUE WE NEED TO HAVE? AND NO ONE KIND OF RESPONDED ON THAT.
SO WE, WE JUST WANNA MAKE, MAKE IT TOTALLY CLEAR TO YOU MADAM CHAIR, MEMBERS OF THE BOARD, UH, MR. QUIANA AND THA ARE PREPARED TO COOPERATE AS THEY HAVE NOW IN FRONT OF THE TOWN, UM, FOR OVER TWO AND A HALF YEARS AND AT, AT THE COST OF SEVERAL HUNDRED THOUSAND DOLLARS AND PAYING TOWN CONSULTING FEES.
SO IF THERE'S MORE INFORMATION YOU NEED OR YOU NEED MORE INF THIS IS A VERY COMPLEX MATTER.
IT'S BEEN COMPLEX THROUGHOUT THE ENTIRE DURATION.
UM, I JUST WANNA MAKE SURE, UM, THAT YOUR BOARD IS AWARE.
I, I, I DON'T THINK GLEN WOULD WANT YOU TO COME AWAY WITH ANY OTHER IMPRESSION.
I REMIND YOUR BOARD THAT, UM, THE ZONING BOARD RETAINED OUTSIDE SPECIAL ENGINEERING AND PLANNING CONSULTANTS TO GUIDE THEM THROUGH THE SECRET PROCESS, UH, BEFORE THEY WERE ABLE TO, UH, REACH ANY KIND OF RECOMMENDATION THAT RESULTED IN THE ISSUANCE OF A PERMIT.
SO IF YOU NEED, IF YOU NEED MORE, WE'RE HERE.
UM, JUST FOR CLARIFICATION, THE REQUEST FOR THE EXTENSION WAS LAST WEEK.
I BELIEVE THAT WHAT? WE SAID IT WAS FRIDAY EVENING FRIDAY, ABOUT 6:00 PM OKAY.
UH, YOU ARE STILL HERE AT 6:00 PM I WAS HERE AT 5 54
SO THE RECOMMENDATION AS WRITTEN IS THAT IT WOULD BE A SITE PLAN, UM, NEGATIVE RECOMMENDATION JUST BECAUSE WE DON'T, AND, AND I WILL READ THE STATEMENT.
UM, BASED UPON THE MATERIAL SUBMITTED TO THE PLANNING BOARD AT THIS TIME, THE PLANNING BOARD FINDS THAT THE SITE PLAN SUBMISSION FAILS TO SATISFY CERTAIN APPLICABLE SITE PLAN STANDARDS SET FORTH IN SECTION 2 85 DASH 54 STANDARDS A THROUGH K AS IDENTIFIED BELOW.
THE RECOMMENDATION WILL BE FILED, UM, FOR PUBLIC READING.
THIS IS THE RECOMMENDATION THAT I, UH, WOULD LIKE THE BOARD TO TAKE A VOTE ON OR TO MAKE A MOTION ON.
ALL OPPOSED? THE MOTION PASSES.
DID I, DID I MISS THIS COMING OUT OF BACK? YOU DID.
SO WE WILL FINALIZE THIS BASED ON THE VOTE AND THEN CIRCULATE TO THE TOWN BOARD.
WE'LL COPY THE APPLICANT AS WELL.
DO YOU WANNA CLOSE TONIGHT'S MEETING AT 9 5 8.
TONIGHT'S MEETING IS, IT'S 9 58.
YEAH, I MEAN, WE DON'T HAVE TO VOTE.
I'M JUST NOTING IT DIDN'T FOR THE RECORD.
AND YOU DON'T LIKE, OKAY, SO JUST WATCH.
I LIKE MO I LIKE CLOSING THE MEETING.
STOP THE, THE PLANNING BOARD STUFF AND PEOPLE THANK YOU.
I WAS WORKING ON, AMANDA, ARE ARE WE STILL RECORDING? WE CLOSE.