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PROGRESS.[ TOWN OF GREENBURGH PLANNING BOARD AGENDA WEDNESDAY, October 15, 2025 – 7:00 P.M. Meetings of the Planning Board will be adjourned at 10:00 p.m. ]
GOOD EVENING EVERYONE, AND WELCOME TO THE OCTOBER 15TH, 2025 TOWN OF GREENBOARD, TOWN OF GREENBERG, PLANNING BOARD MEETING.WE'RE WAITING FOR THEM TO CORRECT IT.
GOOD EVENING EVERYONE, AND WELCOME TO THE OCTOBER 15TH, 2025 TOWN OF GREENBURG PLANNING BOARD MEETING.
AARON, WILL YOU PLEASE TAKE THE ROLL CALL MS. DAVIS.
HERE NOTE FOR THE RECORD THAT BOARD MEMBERS JOHANN SNAGS AND EDWIN WEINBERG ARE NOT PRESENT AS WELL AS OUR ALTERNATE EMILY ANDERSON.
NOW WE'RE GONNA GO THROUGH THE APPROVAL OF THE MINUTES FROM SEPTEMBER 29TH, 2025.
DO WE HAVE ANY COMMENTS ON THE MINUTES OR ANY CORRECTIONS TO THE MINUTES? I, UH, YEAH, I, I HAD, UM, POINTED OUT TO STAFF THAT THERE WAS A LITTLE BIT OF CONTEXT MISSING FROM THE MINUTES, UH, RELATED TO, UM, A COMMENT MADE BY THE APPLICANT FOR, I FORGET THE PROJECT, UM, NAGAN NAGAN, WHERE MY RESPONSE WAS THEN ASKING FOR A TIMELINE OF THE BACK AND FORTH BETWEEN THE APPLICANT AND, UM, AND THE TOWN.
UM, I DON'T KNOW IF ANY, IF THE DETERMINATION WAS THAT ANY EDITS OR CORRECTIONS WERE NECESSARY, OR IF THE MINUTES ARE STILL AS DISTRIBUTED, YOU WILL TAKE A LOOK AT THAT.
I'M NOT CERTAIN IF IT WAS OKAY ADDRESSED YET.
UM, I'M COMFORTABLE EITHER WAY, BUT I, I JUST WANTED TO POINT THAT OUT.
WHAT WE CAN DO IS REVIEW THE TAPE REPORT BACK TO THE BOARD ON WHAT ACTION.
AND, UH, WE CAN HOLD THESE OVER IF YOU'D LIKE.
I, I THINK IT'S OKAY THOUGH WAY THEY ARE.
SO YOU DON'T WANT AN AMENDMENT TO THE MINUTES? NO.
I'LL, I'LL, I'LL MOVE TO APPROVE THE MINUTES AS DISTRIBUTED.
NEXT UP IS CORRESPONDENT CASE NUMBER PB 2224 HART HILLS HOSPITALITY AT 45 NORTH WASHINGTON AVENUE IN HARTSDALE.
THIS IS THE FIRST SITE PLAN AND STEEP SLOPE PERMIT EXTENSION REQUEST.
THERE'S AN EXTENSION REQUEST, UH, FOR TWO YEARS, WHICH WOULD BRING IT TO DECEMBER 7TH, 2027.
AND THERE WAS A LETTER OF EXTENSION REQUEST SUBMITTED BY THE APPLICANT DATED OCTOBER 2ND, 2025.
UM, THEY'VE INDICATED THAT DUE TO VARIOUS CHALLENGES, UM, AND COSTS ASSOCIATED WITH THE PROJECT, THAT THEY, UM, HAVE NOT BEEN ABLE TO COMMENCE DEVELOPMENT, BUT, UH, THEY DO REMAIN FULLY COMMITTED TO ADVANCING THE PROJECT IN THE NEAR FUTURE.
SO, UH, THIS BEING THE FIRST, I DIDN'T HAVE ANY OTHER QUESTIONS.
IF THE BOARD DOES, I'M HAPPY TO TRY AND ANSWER.
BUT FIRST EXTENSION, I HAVE NO QUESTIONS ANY OTHER BOARD MEMBERS, SO MAY I HAVE A MOTION TO EXTEND TO GIVE THEM A TWO YEAR EXTENSION ON THEIR SITE PLAN TO DECEMBER 7TH, 2027.
WE'LL MOVE ON TO ALL BUSINESS CASE.
WE'RE GONNA CALL CASE NUMBER PB TWENTY FOUR ZERO NINE CHOW CLAYTON ROAD.
AND THIS IS A WORK SESSION TO DISCUSS THE DECISION OF A PRELIM PRELIMINARY SUBDIVISION.
UM, BOB BERNSTEIN FOR THE APPLICANT.
I'M HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE.
SO FOLLOWING CLOSURE OF THE PUBLIC HEARING, UM, STAFF PREPARED A DRAFT DECISION, WHICH IS BEFORE YOU THIS EVENING ON THE PRELIMINARY SUBDIVISION APPLICATION.
I THINK BEFORE WE GET INTO THAT, THERE WAS A REQUEST BY A BOARD MEMBER FOR OUR LEGAL DEPARTMENT TO ISSUE AN OPINION.
SO I'LL TURN THINGS OVER TO MS. MADONNA.
OH, I CIRCULATED A MEMO EARLIER.
I ALSO PRINTED COPIES IN CASE ANYBODY NEEDS AN EXTRA TODAY.
IF YOU HAVE ANY QUESTIONS, UM, WE CAN ALSO DISCUSS AND I'M GOOD.
UH, DO WE NEED TO GO ON THE RECORD WHERE THE REST QUESTION WAS WITH THE, WHAT?
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THE QUESTION WAS? THE QUESTION HAD TO DO WITH HOW TOWN LAW TWO 80 A APPLIES.AND THAT'S BEEN ANSWERED TO THE SATISFACTION OF THE BOARD.
SO NEXT WE NEED TO, UM, OH, FIRST OF ALL, ARE THERE ANY, UH, COMMENTS ON THE DRAFT DECISION THAT THE STAFF HAS PREPARED? COULD YOU, UH, WALK US THROUGH THE, THE SITE SPECIFIC CONDITIONS? ABSOLUTELY.
SO, AGAIN, THERE'S JUST ONE VOTE TO CONSIDER THIS EVENING, AND THAT RELATES TO THE PRELIMINARY SUBDIVISION APPLICATION WITH RESPECT TO SITE SPECIFIC CONDITIONS AND REQUIREMENTS.
UM, CALL IT TO YOUR ATTENTION.
PAGE NUMBER FIVE, SECTION FOUR.
I CAN READ THROUGH, UM, ALL OR MOST OF THESE 4.1.
PRIOR TO OBTAINING A BUILDING PERMIT, THE APPLICANT SHALL FILE WITH THE WESTCHESTER COUNTY CLERK A PERMANENT ACCESS EASEMENT FOR FIRE ACCESS AS DEPICTED ON THE PLANS IN SECTION ONE OF THIS APPROVAL, A COPY OF WHICH SHALL BE PROVIDED TO THE TOWN ATTORNEY'S OFFICE.
THE PRIVATE ROAD SHALL BE COMPLETED IN ACCORDANCE WITH THE PLANS LISTED IN SECTION ONE OF THIS APPROVAL, EXCEPT FOR A TOP COAT PRIOR TO THE ISSUANCE OF ANY BUILDING PERMIT FOR ANY PROPOSED HOME.
4.3 NO VEHICLES MAY BE PARKED WITHIN THE FIRE ACCESS EASEMENT AS DEPICTED ON THE PLANS LISTED 4.4, THE PRIVATE ROAD AND LOCK SHALL BE JOINTLY AND SEVERALLY OWNED AND MAINTAINED BY THE OWNERS OF THE TWO RESIDENTIAL LOTS THAT ARE THE SUBJECT OF THIS SUBDIVISION.
THE APPLICANT SHALL KEEP THE RIGHT OF WAY EASEMENT LISTED IN LIB.
R 5 2 2 1, PAGE 3 0 8, CLEAR OF ANY OBSTRUCTIONS.
UH, FOUR POINT 11 STREET NAME, THE STREET NAME GOLDEN WAY HAS BEEN SELECTED BY THE APPLICANT AND HAS BEEN APPROVED BY THE PLANNING BOARD 4 11 2.
THE APPLICANT HAS INSCRIBED THE APPROVED STREET NAME GOLDEN WAY ON THE SUBDIVISION PLAT 4 11 3.
SHOULD THE APPLICANT WISH TO CHANGE THE APPROVED STREET NAME, IT SHALL PROVIDE THE PLANNING BOARD WITH A WRITTEN OR REQUEST TO THAT EFFECT.
THE PLANNING BOARD SHALL REVIEW AND APPROVE, DENY OR SUGGEST MODIFICATIONS TO THE PROPOSED STREET NAME, MAY.
BASICALLY, ALL THE OTHER CONDITIONS ARE PRETTY STANDARD FOR A DECISION OF THIS TYPE.
I'M HAPPY TO ANSWER ANY QUESTIONS.
AARON, DID YOU POINT OUT THE, UH, WAIVER PROVISION? NO.
SO THE PLANNING BOARD WILL NEED TO CONSIDER WHETHER IT WAS JUST TO ISSUE A WAIVER.
SO THE PLANNING BOARD NEEDS TO CONSIDER WHETHER IT WILL ISSUE A WAIVER UNDER, UH, SECTION 2 50 28 REGARDING, UH, SECTION 2 50 20, UM, 12 A REGARDING HAVING A TWO WAY ROAD BE A MINIMUM OF 26 FEET WIDE, WHICH HAS OBVIOUSLY BEEN REVIEWED AT LENGTH.
AS YOU'LL RECALL, THE RECOMMENDATION FOR THE ZONING BOARD WAS POSITIVE REGARDING THE WIDTH REDUCTION.
I WOULD ENTER, I, I, I, UH, I WOULD MOVE TO ISSUE A WAIVER.
ANY OTHER QUESTIONS ON THE PRELIMINARY SUBDIVISION DECISION TIME? YEAH.
SO THEN WE CAN TAKE A VOTE ON IT AND MOVE TO PASS.
I, UH, I MOVE TO ADOPT THE DECISION AS DISTRIBUTED.
MAY I HAVE A SECOND? THERE'S ONLY FOUR DECISION TWO.
TO ADOPT THE DECISION AS DISTRIBUTED PRELIMINARY SUBDIVISION.
NEXT UP IS CASE NUMBER PB 24 22
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LEVI AT 1 34 EUCLID AVENUE IN ALEY.AND THIS IS A FINAL SUBDIVISION WETLAND WATERCOURSE PERMIT AND RE REMOVAL.
WHAT HAPPENED TO 2325? WE'RE GONNA DO THAT NEXT.
IT'S PROBABLY BETTER THIS WAY.
UM, SO I STAFF DID CIRCULATE A DRAFT DECISION ON THE FINAL SUBDIVISION WETLAND, WATERCOURSE PERMIT AND TREE REMOVAL PERMIT.
UM, THERE ARE MULTIPLE VOTES UP FOR CONSIDERATION, BUT I BELIEVE COUNSEL FOR THE APPLICANT HAD, UH, ONE COMMENT REGARDING THE DRAFT DECISION.
AMIR, Z AND STEINMETZ FOR THE APPLICANT'S.
UM, THE ONE COMMENT I HAD IS JUST LANGUAGE IN A LETTER THAT WITH, UM, WITH RESPECT TO ANY EXTENSIONS OF THE WETLAND WATERCOURSE PERMIT, THAT THEY CAN BE MADE BY THE ORIGINAL PERMIT HOLDER AND ASEE AND SUCCESSORS OR THE AUTHORIZED REPRESENTATIVES, THAT'S LIKE ON THE COVER LETTER AS WELL AS WITHIN THE DOCUMENT.
AND, AND JUST TO BE CLEAR, SO THAT MY CLIENTS MOST OF ALL UNDERSTAND THE, THE FINAL SUBDIVISION APPROVAL AND RESOLUTION, THE CONDITIONS THEY RUN WITH THE LAND, OBVIOUSLY.
YEAH, I WOULD AGREE WITH THE CHANGE.
UH, CAN I HEAR THE WORDING OF THE CHANGE? THAT, WHAT, WHAT DID THE WORD CHANGE? IT'S INCLUDING SUCCESSORS AND THE ASSIGN MM-HMM
I'M SORRY, WHAT? HOW, HOW DOES THE SENTENCE READ? SO IT WOULD READ THE WETLAND WATERCOURSE PERMIT APPROVAL FOR THIS APPLICATION IS VALID FOR TWO YEARS FROM THE DATE OF SUCH APPROVAL UP TO A TWO YEAR EXTENSION OF THE ORIGINAL PERMIT MAY BE GRANTED UPON WRITTEN REQUEST TO THE PLANNING BOARD BY THE ORIGINAL PERMIT HOLDER, THEIR SUCCESSORS AND ASSIGNS AND ANY AUTHORIZED REPRESENTATIVES AT LEAST 30 DAYS PRIOR TO THE EXPIRATION.
DO WE USUALLY DO THAT? SO IT WAS A REQUEST OF THE APPLICANT.
WE REVIEWED IT WITH LEGAL WHO HAD NO OBJECTION OR ISSUE WITH THE MODIFIED LANGUAGE.
SO IT MAY BE SOMETHING THAT WE, I THINK WE SHOULD DO GOING FORWARD, ACTUALLY PICK UP AND USE GOING FORWARD.
BUT WHAT WAS THE, WHAT WAS THE INTENT FOR DOING SO THAT IT RUNS? SO IF THEY SELL IT, IT, IT RUNS, IT DOESN'T GO WITH THE APPLICANT, IT GOES WITH THE LAND.
AND SO IT'S JUST A LEGAL TERM.
SO WHEN, WHEN THE PROPERTY OWNER SELLS TO THE PERSON WHO'S ACTUALLY GONNA DEVELOP, THEY ARE ABLE TO COME AND GET AN EXTENSION, IS REALLY WHAT IT'LL, I I I, I, I SUPPORT THIS, THIS ADDITION.
UM, MY QUESTION IS, IF WE, IF WE DIDN'T ADD IT, WOULD THAT CHANGE THE ABILITY FOR, UH, A SUCCESSOR TO APPLY FOR AN EXTENSION? REALISTICALLY, THE ORIGINAL OWNER WOULD HAVE TO GO IN AND REQUEST THE EXTENSION.
OR THEIR AUTHORIZED REPRESENTATIVE.
SO I DON'T KNOW IF, SO IN THEORY THEY CAN DESIGNATE THE, THE, THE BUYER AND AS AN AUTHORIZED REPRESENTATIVE CORRECT.
AND FROM THAT POINT FORWARD, CORRECT.
BUT, BUT THIS MAKES IT A LITTLE BIT CLEANER.
SO THIS IS, THIS IS SORT OF A, NOT THE STANDARD ONE, BUT WE ARE, THIS IS AN IMPROVEMENT UPON THEY REQUESTED, WE DID IT BECAUSE THEY REQUESTED IT, BUT IT'S AN IMPROVEMENT UPON EXISTING LANGUAGE.
THE, THE DEFAULT WOULD'VE BEEN WITH THE PERSON, NOT WITH THE LAND.
THE DEFAULT WOULD'VE BEEN THE ORIGINAL, UH, PROPERTY OWNER.
WITHOUT BEING TRANSFERRED TO A SUCCESSOR.
JUDGE, JUST, JUST TO BE CLEAR.
SO WE'RE CONSISTENT ALL AROUND THE, THE APPROVAL RUNS WITH THE LAND, NOT, WE'RE NOT JUST TALKING ABOUT AN APPLICATION FOR AN EXTENSION.
IF THAT COMES, IT'S THE THAT'S RIGHT.
SO THEY'RE ACTUALLY GETTING FOUR YEARS OF TIME TO NO, THEY STILL NEED TO COME BACK IN TWO YEARS.
OH, THEY HAVE TO COME BACK AND YEAH, BUT SHE AN EXTENSION, BUT IT EXTENDS BEYOND JUST THE APPLICANT, THE CURRENT APPLICANT OR PERMIT HOLDER.
SO IF THEY SEND IT NEXT MONTH OR IF SOMETHING SHOULD HAPPEN TO FORBID THE APPLICANT, IT, IT, THEY DON'T LOSE THAT.
SO I CAN WALK THE BOARD THROUGH THE DRAFT.
SO THERE ARE, UM, MULTIPLE VOTES TO BE CONSIDERED.
I'LL GO THROUGH THE CONDITIONS, BUT IN TERMS OF THE VOTES, UM, CONSIDERATION ON WHETHER TO WAIVE THE PUBLIC HEARING ON THE FINAL SUBDIVISION APPLICATION, CONSIDERATION OF A DECISION ON THE FINAL SUBDIVISION CONSIDERATION OF A DECISION ON THE WETLAND WATER COURSE PERMIT CONSIDERATION OF A DECISION ON THE TREE REMOVAL PERMIT APPLICATION.
SAY AGAIN? SO IT'S PUBLIC HEARING, TREE WETLAND, WATERCOURSE, AND FINAL SUBDIVISION.
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SO THIS, YOU KNOW, AS LISTED AS LISTED IN THE, IN THE DRAFT.SO IN TERMS OF SITE SPECIFIC REQUIREMENTS AND MODIFICATIONS, SECTION FIVE ON PAGE EIGHT, MOST OF THIS IS CARRIED OVER FROM PRELIMINARY SUBDIVISION, BUT I'LL READ THROUGH THEM ANYWAY.
5.1 IN ACCORDANCE WITH THE PLAN ENTITLED SITE LAYOUT PLAN SHEET C TWO DATED 10 30 24, LAST REVISED 7 17 25, AND PREPARED BY MICHAEL F. STEIN PE, NEW YORK STATE LICENSE NUMBER 8 0 6 3 7.
ANY LANDSCAPING OR OTHER WORK PERFORMED WITHIN THE INDICATED HATCHED AREA SHALL BE WITH HAND TOOLS ONLY.
NO LANDSCAPING OR WORK WITH MACHINERY SHALL BE PERMITTED IN THE INDICATED HATCHED AREA.
THAT RELATES TO, UH, THE BOARD'S REQUEST FOR THEM TO, I WOULD SAY LIMIT DISTURBANCE WITHIN THE BUFFER AREA TO THE EXTENT PRACTICABLE.
AND THEY, THAT HATCHED AREA RELATED TO LANDSCAPING AND, UM, SOME MINOR, MINOR WORK.
SO ENSURING THAT THAT IS DONE BY HAND AND WITHOUT MACHINERY, UM, PROTECTS THE BUFFER.
5.2 IN THE EVENT THAT PLANTINGS INSTALLED OFFSITE ARE DAMAGED, REMOVED OR DIE WITHIN THREE YEARS OF THE LADDER OF EITHER THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY ON THE NEW LOT TO BE CREATED, OR THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY ON VACANT LOT, 8.38 DASH, PARDON ME, 2 71 DASH 4.7 ASSOCIATED WITH THE CHAUNCEY ESTATE SUBDIVISION CASE NUMBER PB 0 6 25.
THE APPLICANT SHALL REPLACE ALL SUCH PLANTINGS WITHIN THE BOUNDARIES OF THE 1 34 EUCLID AVENUE PROPERTY.
SO THIS WOULD BE APPLICANTS WHO WILL GONNA BUILD ON IT, RIGHT? YES.
SO THIS APPLICANT IS GOING TO PLANT THE OFFSITE PLANTINGS.
THIS APPLICANT'S GONNA CARRY OUT THAT WORK BECAUSE, YOU KNOW, WHO KNOWS WHEN IT'S GONNA BE TRANSACTED OR BUILT UPON.
SO WE WANT THE PLANTINGS IN, YOU KNOW, AT THE NEXT REASONABLE GROWING SEASON FOR THE PLANT MATERIAL TO BE INSTALLED.
AND THEN IF FOR ANY REASON THE PLANT MATERIAL DIES OR WHAT HAVE YOU, IT SHALL BE REPLACED ON THE 1 34 EUCLID AVENUE PROPERTY.
WHICH IS THE EXISTING IS THE LOT WITH WHAT WILL BE THE LOT WITH THE EXISTING HOME ON IT.
BUT WHAT I UNDERSTAND THAT THEY, THEY'RE SELLING THIS NEXT LOT.
SO HOW DOES THAT WILL IMPACT? WELL, THE OFFSITE PROPERTY IS ACTUALLY NOT OWNED BY THESE FOLKS.
IT WAS PART OF, UM, THEY HAD SOME IMPROVEMENTS THAT EXTENDED OFF THE PROPERTY, IF YOU RECALL.
SO THEY WERE REQUIRED TO ELIMINATE THOSE, THE HOT TUB, SOME OTHER THINGS, ELIMINATE THOSE AND THEN RESTORE THE AREA WITH SOME PLANTINGS.
'CAUSE IT HAPPENS TO BE WITHIN THE WETLAND BUFFER, THE OFFSITE WETLAND BUFFER.
SO WE WANTED TO MAKE SURE THAT THAT WAS DONE, UM, IN A TIMELY FASHION BY THE CURRENT APPLICANT SLASH OWNER OF THE PROPERTY.
SO THIS IS IN THE, IN THE HOUSE THAT THEY ARE LIVING RIGHT NOW? NOT THE VACANT LOT.
IF IT DIES, IT WOULD BE ONTO THE HOUSE THAT THEY'RE THE LOT WITH THE HOUSE ON IT CURRENTLY? YES.
5.3 LANDSCAPING TO BE INSTALLED ON THE NEW LOT TO BE CREATED SHALL BE INSTALLED PRIOR TO THE ISSUANCE OF A FINAL CERTIFICATE OF OCCUPANCY BY THE BUILDING.
INSPECTOR'S GONNA MOVE THIS CLOSER.
PRIOR TO OBTAINING A BUILDING PERMIT, THE APPLICANT SHALL OBTAIN A FRESHWATER WETLANDS PERMIT FROM THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION.
PURSUANT TO THE TWO FOOT FOREVERGREEN EASEMENT, NO BUILDING STRUCTURE, WALL PATIO, TREE FIREPLACE, PAVEMENT OR PIPE SHALL BE INSTALLED.
ONSET EASEMENT, EXCEPT THOSE AREAS DESIGNATED FOR UTILITIES, EXCLUDING LAWN, SHRUBS, PLANTS, AND FLOWERS.
LEY IS, I'LL LET YOU FINISH THE SENTENCE, SORRY.
EASEMENT AGREEMENT DATED 4 19 19 94, RECORDED WITH WESTCHESTER COUNTY DIVISION OF LAND RECORDS AS LIBOR 1 1 1 3 2, PAGE 1 49.
FURTHER PURSUANT TO NOTE E ON SHEET TWO OF SUBDIVISION MAP 2 5 1 71.
THE EASEMENT SHALL PREVENT ANY VEHICULAR TRAFFIC OR UTILITY CROSSING, SAID EASEMENTS.
SO, SO JUST TO HIGHLIGHT THIS, UM,
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THIS CONDITION, SO THIS FOREVERGREEN EASEMENT WOULD PREVENT ANY, ANY APPLICANT OR FUTURE APPLICANT FROM USING THIS NEWLY SUBDIVIDED LOT, UH, FROM ACCESSING THE REAR CHAUNCEY ESTATES IN ANY WAY? CORRECT.SO I KNOW DURING, UH, DURING THIS PROJECT, THERE WAS A SUGGESTION THAT, UM, YOU KNOW, POTENTIALLY ONE OF THE MOTIVATORS WAS TO CREATE AN ACCESS STRIP FOR, FOR CHAUNCEY.
AND THIS EASEMENT WOULD PREVENT THAT FROM, FROM EVER HAPPENING.
AND IT CURRENTLY EXISTS, SO THAT'S NOT PERMITTED.
THIS IS JUST TO MEMORIALIZE IT FURTHER.
THE APPLICANT SHALL UTILIZE PERVIOUS PAVERS FOR THE PATIO ON THE VACANT LOT.
WE DISCUSSED THAT 5.7 PRETTY STANDARD, UH, FIVE POINT 12 I'LL, I'LL CALL TO YOUR ATTENTION.
PRIOR TO FILING FOR A BUILDING PERMIT ON THE VACANT LOT, THE APPLICANT SHALL CONFIRM THAT WATER PRESSURE ASSOCIATED WITH ANY PROPOSED ONE FAMILY RESIDENCE MEETS ALL TOWN, COUNTY, AND ANY OTHER AGENCY REQUIREMENTS.
SO IN REFERENCE TO THE WETLAND WATER COSTS YES.
ARE THERE ANY QUESTIONS? ONLY QUESTION IS THIS, 'CAUSE WE ARE TALKING ABOUT TWO LOTS NOW, RIGHT? SAME TIME.
TREE REMOVAL MALL, SAME THING.
BOTH THE LOTS, RIGHT? BECAUSE LA WHILE THERE'S ONLY TREES BEING REMOVED FROM THE VACANT LOT, LANDSCAPING IS, YOU KNOW, ON BOTH LOTS.
THERE ARE LANDSCAPING RELATED CONDITIONS.
SO EVEN THOUGH THE OWNERS MAY BE SEPARATE YEAH.
SO NOW ONCE THIS IS SPLIT, UH, IF THIS SUBDIVISION IS APPROVED AND THEN FILED AND RECORDED, UM, WHOEVER THE NEW OWNER OR BUYER OF THE VACANT LOT IS, WILL FILE THROUGH THE TOWN FORESTRY OFFICER FOR THE TREE REMOVAL PERMIT AND BE SUBJECT TO THESE LANDSCAPING PLAN.
AS LONG AS THE NEW NEW OWNER KNOWS THAT THIS DOCUMENT EXISTS.
RIGHT? I MEAN, HOW DO THEY KNOW IT? HOW DO THEY COMMUNICATE? OR IT'S PART OF THEIR
IT'S, IT'S ALSO ON THE SUBDIVISION, UM, PLAQUE, RIGHT? SO WHEN SOMEBODY GOES, SOMEBODY GOES TO BUY THE PROPERTY, THEIR DUE DILIGENCE PORTION IS TO REQUEST, UH, MUNICIPAL FILES AND TITLE SEARCH AND ALL THAT.
SO THEY SHOULD, SHOULD BE AWARE OF IT.
AND, AND WE'VE BEEN HAVING APPLICANTS, UM, INSERT LANGUAGE ON THE PLAT THAT REFERENCES THE CASE NUMBER.
'CAUSE OFTENTIMES PLATS, YOU KNOW, MAY HAVE NO IDEA WHAT IT RELATES TO.
UM, AND, YOU KNOW, NOW HAVING THOSE NOTES ON THERE REALLY CALLS ONE'S ATTENTION TO THE CASE NUMBER WHERE THEY CAN FIND CONDITIONS.
AMANDA, WHAT IS THE TERM WHEN SOMETHING IS ATTACHED TO LIKE A DEED? UM, A CONDITION OR A BLACK, A COVENANT.
I'M, WOULD IT BE WHEN SOMETHING IS ATTACHED TO A DEED FOR LAND? MM-HMM
UM, AND WHEN I SAY ATTACHED, LIKE A CONDITION THAT SHOWS UP WHEN YOU DO YOUR DUE DILIGENCE, WHAT IS THAT CALLED? COVENANTS AND RESTRICTIONS.
WOULD THAT WOULD BE WHAT THIS IS? OR A LITTLE BIT LESS? IT'S A RESTRICTION ON THE PROPERTY.
SO DEVELOPMENT WOULD FALL UNDER THAT.
NO, AND I THINK THAT'S A GOOD IDEA TO PUT IT INTO THE, YEAH.
INTO THE RECORDING, BECAUSE THAT'S WHAT THEY GO LOOK FOR.
RIGHT? TITLE, TITLE INSURANCE.
AND THEN WE ALSO WILL BE MAKING A DECISION ON THE FINAL SUBDIVISION.
SO ARE THERE ANY QUESTIONS? SO THE QUESTION ABOUT THE FINAL PUBLIC HEARING, WHEN DOES THAT, IT'S GONNA, THAT'S GONNA BE FIRST, IT'S BEFORE OR AFTER THIS DECISION.
SO THIS, THIS DRAFT DECISION RELATES TO FINAL SUBDIVISION.
THE WETLAND WATERCOURSE PERMIT.
THE FIRST VOTE THE BOARD SHOULD CONSIDER, AND THE WAY IT'S LAID OUT IN THE DRAFT DECISION IS TO CONSIDER WHETHER OR NOT IT'S GOING
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TO WAIVE THE PUBLIC HEARING ON THE FINAL SUBDIVISION.THAT'S THE FIRST CONSIDERATION.
'CAUSE OTHERWISE, YOU'RE NOT GONNA VOTE TONIGHT IF YOU'RE GONNA HAVE A PUBLIC HEARING ON THE FINAL SUBDIVISION.
JUST TO EXPAND ON THAT A LITTLE BIT, UM, THE BOARD HAS TO HOLD A PUBLIC HEARING.
TYPICALLY, THAT'S ONLY DONE WHEN NEW INFORMATION COMES TO LIGHT.
UM, YEAH, I'M TRYING TO REMEMBER.
THE LAST BETWEEN PRELIMINARY AND FINAL WAS JULY, RIGHT? LAST PUBLIC HEARING.
IT IS LISTED IN HERE, I THINK IT WAS LATER THAN THAT.
AND IT WAS SIGNIFICANT COMMUNITY INPUT AT THE LAST ONE.
WELL, THERE WERE THREE PUBLIC HEARINGS HELD.
THERE WERE PUBLIC HEARINGS HELD ON JUNE 4TH, JULY 2ND, AND JULY 16TH.
SO THREE SEPARATE PUBLIC HEARINGS.
UM, ON JULY 16TH, THE BOARD CLOSED THE PUBLIC HEARING, KEPT THE WRITTEN RECORD OPEN FOR AN EXTENDED PERIOD THROUGH JULY 28TH.
AND THEN ON AUGUST 4TH, THE BOARD MADE ISSUED A DECISION ON PRELIMINARY SUBDIVISION.
AND WAS THERE ANY ADDITIONAL, UH, INFORMATION THAT WAS SUBMITTED DURING THAT EXTENDED, UH, PERIOD? NOT, THAT HADN'T ALREADY BEEN PROVIDED TO THE BOARD PRIOR, SO NO, NO NEW INFORMATION CAME OUT DURING THAT.
AND NO SUBSTANTIAL CHANGES? NO SUBSTANTIAL CHANGES, WHICH IS NORMALLY THE PURPOSE, UM, OF HOLDING AN ADDITIONAL PUBLIC HEARING AFTER, UM, HAVING HAD PUBLIC HEARINGS IS TO ALLOW, NUMBER ONE, THE, UH, PUBLIC TO RESPOND TO ANY NEW FINDINGS OR ANY CHANGES THAT WE HAVE MADE TO, UM, OUR DRAFT DECISIONS.
SO MY CONSIDERATION, MY CONSIDERATION WOULD BE TO WAIVE THE PUBLIC HEARING AND MOVE TO MAKE A DECISION.
THEY ONLY HAD A WEEK TO RESPOND TO AFTER THE WRITTEN RECORD WAS CLOSED.
AFTER A WEEK, I BELIEVE IT WAS EXTENDED.
IT WAS BETWEEN THE 16TH AND THE 28TH, 12 DAYS, WHEREAS IT'S TYPICALLY BEEN A WEEK.
BUT WE DID AN EXTENDED PERIOD.
WHAT WAS THAT A MOTION OR WAS THAT ENTERTAINING A MOTION? I AM, YOU WOULD MAKE THE MOTION, UH, I MOVE TO, UH, WAIVE THE FINAL PUBLIC HEARING.
DO I HAVE A SECOND? DO I HAVE A SECOND? NO
SO THE MOTION DOESN'T, I MEAN, YOU CAN SECOND IT IF YOU YEAH, I WILL SECOND IT, BUT SECOND, THIS WORKS.
SO, ALL IN FAVOR OF THE MOTION? AYE.
DO, DO WE NEED A UNANIMOUS VOTE TO WAIVE THE PUBLIC HEARING? YOU DO.
'CAUSE YOU HAVE A QUORUM WITH ONLY THE FOUR OF YOU.
OH, SO I JUST DIDN'T GET YOUR VOTE.
NO, 'CAUSE I'M STILL THINKING.
IS THERE ANYONE HERE TO SPEAK AT THE PUBLIC HEARING ON, ON LEVY, WHATEVER PUBLIC HEARING? I TAKE THEM ALL.
SO WHAT WOULD HAPPEN? WE HAVE TO ASSIGN A DATE.
WE WOULD HAVE TO ASSIGN A DATE, NOTICE IT, AND THEN HOLD IT.
ARE YOU, IS IT A NAY OR AN ABSTENTION? I AM CONCERNED.
THERE WAS SIGNIFICANT COMMUNITY INPUT, RIGHT? MM-HMM
AND THEN IF YOU RECALL, WE WENT IN, WE WENT FOR LEGAL ADVICE.
AND THE DECISION WAS, I HERE WHEN YOU DID, I MIGHT NOT HAVE BEEN HERE.
IT WOULD'VE BEEN AN INTERRUPTION.
HOWEVER, AG AGAIN, I, I WOULD LIKE TO STATE THAT PUBLIC HEARINGS ARE DEFINITELY TO HEAR THE COMMUNITY, BUT IF NOTHING HAS CHANGED BETWEEN JULY AND NOW, THAT, THAT WOULD BE MY QUESTION.
WHAT, WHAT ARE WE, ARE, ARE WE ASKING THE PUBLIC TO EXPRESS THEIR OPINION OR ARE WE ASKING THEM TO GIVE US SOME INFORMATION? I WILL SAY THERE WERE SIGNIFICANT BACK AND FORTH.
SO, UM, THERE WAS SIGNIFICANT BACK AND FORTH AND GUIDANCE PROVIDED BY STAFF.
THERE WERE QUESTIONS ASKED BY THE BOARD.
THERE WERE, UM, SOME VERY SPECIFIC CONDITIONS ADDED IN.
I KNOW THAT THERE WERE COMMENTS FROM THE PUBLIC, FOR INSTANCE, ON THE, UM, WATER PRESSURE.
AND THE BOARD INSERTED CONDITION FIVE POINT 12, WHICH IS A SITE SPECIFIC.
UM, WITH RESPECT TO, YOU KNOW, CONCERNS RELATED TO WETLAND BUFFER DISTURBANCE, UM, THE BOARD ASKED THE APPLICANT A COUPLE OF THINGS, WHICH THE APPLICANT AGREED TO ONE, THAT THE PATIO
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BE A PERVIOUS SURFACE, WHICH THE APPLICANT AGREED TO.AND THAT'S BEEN CONDITIONED THAT THE HAND WORK ONLY BE DONE IN THE FAR REAR, WHICH IS CLOSEST TO THE OFFSITE WETLAND.
UM, SO THAT WAS AGREEABLE AND CONDITIONED EXTENDING OVER THE EXISTING LOT LANES.
THAT WAS CORRECTED, RIGHT? I THINK I SAW IN YES.
AND THE TWO FOOT FOREVER GREEN EASEMENT WAS ALSO CAPTURED AS A CONDITION.
I MEAN, THE, THE WORK, THE FIRST WORK SESSION ON THIS PROJECT WAS NOVEMBER OF LAST YEAR.
AND I THINK OVER ALMOST THE PAST 12 MONTHS, YOU KNOW, THIS PROJECT HAS EVOLVED AND, AND I WOULD SAY HAS IMPROVED BASED ON, UH, THE FEEDBACK THAT WE'VE RECEIVED FROM THE COMMUNITY DURING THAT TIME.
YOU KNOW, THERE'S NO QUESTION THAT THE, IN, IN THIS CASE, THE PROCESS WORKED AND THE PRODUCT, THE, THE PROPOSAL THAT WE HAVE IN FRONT OF US TODAY IS, IS IMPROVED COMPARED TO THE PROPOSAL THAT WE HAD 12 MONTHS AGO.
SO WE'LL HAVE TO MOVE THIS FORWARD ONE WAY OR THE OTHER.
UM, IS IT, SO I THINK THERE'S JUST STILL ONE OUTSTANDING VOTE WAS THAT THE NEIGHBORS WERE NOT KIND OF INTO THE WHOLE PROCESS.
AND I THINK, I'M SORRY, THE NEIGHBOR HAS JUST SAY THAT ONE MORE TIME.
I THINK THE NEIGHBORS WERE, OH, SORRY.
BUT I THINK THEY RECONCILED THE WHOLE IDEA PARTICULARLY FOR, UH, THAT THE, THE NEW, UH, LOT THE, WHENEVER THEY HAVE TO BUILD IT, THEY HAVE TO COME BACK TO THE, TO THE BOARD FOR ALL THESE PERMIT FOR LENDING.
THERE'S THAT TOO, TO SAFE TO SATISFY, YOU KNOW, THESE CONDITIONS.
SO LET ME, LET ME, LET ME STATE THAT, 'CAUSE I JUST WANT TO PROVIDE CLARITY.
IF THIS SUBDIVISION GOES THROUGH AND THESE PERMITS, THE WETLAND WATERCOURSE PERMIT AND THE TREE REMOVAL PERMIT ARE APPROVED THIS EVENING, AND THE PLAT IS FILED AND THE LOT'S SPLIT OFF, AND THEN THE NEW LOT IS SOLD AND SOMEONE COMES TO BUILD ON THAT LOT.
IF THEY'RE SATISFYING ALL THE CONDITIONS THAT THIS BOARD HAS INCLUDED WITHIN THIS DECISION, THEN THEY WILL NOT COME BACK TO THE PLANNING BOARD.
I THINK MAYBE THAT'S WHERE WE GOT LOST BEFORE.
IF AN EXTENSION IS NEEDED, THEY WOULD BE COMING BACK TO THE BOARD FOR AN EXTENSION.
BUT WHOEVER'S GONNA BUILD, WHOEVER MAY BUILD ON THE NEWLY CREATED LOT, IF THEY MEET ALL THE CONDITIONS, THEY WON'T BE COMING BACK FOR FURTHER DISCUSSION OR MEETING WITH THE BOARD.
AS THIS IS CURRENTLY WRITTEN, ARE, ARE, ARE THERE ANY ADDITIONAL CONDITIONS THAT YOU WOULD SUGGEST? NO, MY ONLY CONCERN IS RIGHT, BECAUSE IT WAS A VERY ACTIVE APPLICATION IN TERMS OF NEIGHBOR INPUT, AND I WANTED TO CONFIRM YOU'VE NEVER HEARD ANYTHING WHILE THE RECORD WAS STILL OPEN MM-HMM
AND YOU'VE NOT HEARD ANYTHING OUTSIDE OF THE, UH, UH, OTHER, OTHER THAN MR. BOWDEN.
IS THERE ANYONE HERE THIS EVENING WHO, IF THERE WERE A PUBLIC HEARING ON THE LEVY PROJECT, WOULD, WOULD WANNA SPEAK, BUT IT'S NOT BEEN ANNOUNCED, SO NOBODY WOULD COME.
I WHAT WE ARE GOING TO DO IS, BUT LET ME, LET ME GET JUST CLARIFICATION, BECAUSE MY UNDERSTANDING WAS THAT, AND I THINK A LOT OF NEIGHBOR UNDERSTOOD THAT THEY WILL HAVE TO COME BACK TO GET THE, THAT THEIR PERMIT FOR TREE REMOVALS.
AND, AND IF I MAY CORRECT, WE CAN'T SAY WHAT THEY UNDERSTOOD.
ALSO, I UNDERSTOOD THE SAME THING.
I THINK IT WAS VERY CLEAR FROM THE LAST MEETING WHAT, RIGHT.
SO, AND IT'S WRITTEN AND, AND THAT'S WHY WE HAVE THE CONDITIONS WE HAVE THAT, THAT HAVE EVOLVED SIGNIFICANTLY SINCE, SINCE EVEN THE FIRST DRAFT THAT WE RECEIVED AT THE LAST MEETING.
SO THEY CAN GO AHEAD AND REMOVE THE, REMOVE THE TREES AND ALL THAT STUFF AS LONG AS THEY, SO SUBJECT TO MEETING ALL THE REQUIREMENTS.
SO FOR INSTANCE, IF, UM, THE LOT'S SOLD OFF AND A DEVELOPER WANTS TO COME IN AND BUILD ON THE LOT WITHIN THE CONFINES OF, OF THIS DECISION, IF IT'S APPROVED AND THE PLANS THAT WERE PROVIDED, THEY WOULD SUBMIT A TREE REMOVAL PERMIT APPLICATION TO THE TOWN FORESTRY OFFICER THAT DEMONSTRATES COMPLIANCE WITH THE PLANS THAT WERE ALREADY FILED WITH THE PLANNING BOARD.
IF THEY VARIED FROM THAT AND SAID, WE DON'T LIKE TREES, WE WANT ALL THE TREES ON THE PROPERTY TO COME OUT, THEN THEY WOULD HAVE TO COME BACK TO THE PLANNING BOARD.
BUT IN THIS CASE, THE PLAN SHOWED TWO TREES BEING REMOVED.
IF THE FUTURE BUILDER ONLY SUBMITS TO REMOVE THOSE TWO TREES AND HAS ITS LANDSCAPING PLAN CONFORM WITH WHAT WAS APPROVED BY THIS BOARD, THEY WOULD NOT COME BACK BEFORE THE PLANNING BOARD CAN, CAN I JUST, AND I, I'M SORRY.
NO, I WAS JUST GOING TO GIVE CLARITY ON THE TREES.
AS AARON JUST SAID, THERE ARE TWO TREES PROPOSED TO BE REMOVED.
ONE IS, IS IN THE BUFFER, ONE IS ON THE NORTHWEST
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SIDE OF THE PROPERTY AWAY FROM OUT.I THINK OUTSIDE THE BUFFER IN CONTRAST TO THAT, OVER 20 TREES ARE, ARE PROPOSED TO BE ADDED.
SO IT'S A, IT'S A DRASTIC CONTRAST.
AND, AND THE PLAN THAT WE HAVE, WE PRESENTED FOR THE NEW LANDSCAPING ALSO, THAT HAS TO BE CARRIED OUT.
I, I WANT TO GO BACK THROUGH THE BOARD, UM, AND ASK AGAIN REGARDING THE WAY THAT THIS IS WRITTEN, INCLUDING THE AMENDMENT THAT IT RUNS WITH THE LAND, UM, IN TERMS OF HOW THESE PROPOSALS AND ALL OF THE ADD-ONS THAT WE HAVE ADDED, WHETHER THERE'S SOMETHING ELSE THAT YOU FEEL NEEDS TO BE CHANGED THAT YOU'D LIKE TO SPEAK ON NOW? OR DO WE, ARE WE, OKAY, SO WE WENT THROUGH THE TREE REMOVAL, WE WENT THROUGH THE WETLAND WATER COSTS, UM, FOR THIS, THAT DRAFT DECISION.
AND WERE THERE SOME OTHER ADDITIONS? YEAH, I I MEAN, THERE, THERE'S NO ONE HERE TO PROVIDE ANY ADDITIONAL INFORMATION.
WELL, I'M ASKING THE BOARD WHETHER OR NOT THEY NO, I, I I THINK THE, THE DECISION AS DISTRIBUTED WITH THIS ONE, UH, ADDITION, UH, OKAY.
THEY ALWAYS RUN WITH THE LAND.
IT'S JUST A MATTER OF CHANGING WHO CAN APPLY FOR AN EXTENSION.
I'M FINE THE WAY IT'S WRITTEN.
SO WOULD SOMEONE LIKE TO MAKE A MOTION TO WAIVE THE PUBLIC HEARING? I I THINK THAT MOTION'S ALREADY ON THE TABLE AND THERE'S THREE VOTES AND ONE VOTE OUTSTANDING.
UH, BUT WE VOTED, I THINK WE JUST HEARD THE VOTE.
SO, NO, JUST, JUST, LET'S JUST GO BACK.
VOTE IF YOU WANNA DO IT AGAIN.
I MOVED TO WAIVE THE FINAL PUBLIC HEARING.
MAY I HAVE A SECOND? I'LL SECOND.
SO SECOND WOULD BE TO CONSIDER A DECISION ON THE FINAL SUBDIVISION AS WRITTEN WITH THE AS AMENDED.
PARDON? AS AMENDED BECAUSE THE WHOLE THING IS REALLY BEING AMENDED.
YEAH, I, I MOVE TO APPROVE THE, UH, FINAL SUBDIVISION DECISION, UH, AS AMENDED.
MAY I HAVE A SECOND? HOLD SECOND.
ALL I MOVE TO APPROVE THE WETLAND WATERCOURSE PERMIT.
WHY? WHY 50 YEARS? WHY? BECAUSE MOST OF THE ONES WE'VE BEEN SEEING IS A HUNDRED, SORRY, NOT FOR WETLAND.
SO THE ONES YOU'VE SEEN FOR A HUNDRED ARE TYPICALLY LARGER DEVELOPMENTS OR COMMERCIAL IN SIZE.
BUT THIS ONE'S SITTING ON A, UM, SO THE CODE REQUIRES 25 MM-HMM
UM, AND THE PLANNING BOARD HAS HISTORICALLY ASKED, YOU KNOW, RESIDENTIAL SUBDIVISIONS FOR 50 IF POSSIBLE.
I REMEMBER THAT UNDERLYING IT.
THE, WHAT IT MEANT TO BE A 50 AND A 25 CHANGED IN THE LAST COUPLE YEARS.
SO THE 25 CHANGED, UM, WITH THE REGULATIONS THAT WERE REISSUED.
SO IT'S LIKE WE WERE CALLING IT A 25 YEAR PLUS FOR A LITTLE WHILE.
BUT YOU'RE REQUIRING BECAUSE OF THE LOCATION, RIGHT? YOU'RE A REQUIRING THAT THEY GET PERMISSION FROM OR PERMITS FROM THE STATE WITH RESPECT TO WATER PRESSURE? YES.
WELL, THAT, THAT WAS, SO I THINK YOU'RE ASKING ABOUT THE JURISDICTIONAL DETERMINATION ON THE WETLANDS FOR WETLANDS.
SO THEY SUBMITTED THAT TO DEC AND DEC DETERMINED THAT AT THIS TIME THEY DON'T HAVE JURISDICTION, BUT WHEN THEY ACTUALLY GO TO DEVELOP, THAT WOULD TRIGGER IT TO JURISDICTION.
BUT BECAUSE OF, BECAUSE OF WHERE IT IS THE, HOW DO I PUT THIS ENVIRONMENTAL SENSITIVITY OF THAT LOCATION, WOULD A HUNDRED BE BETTER OR SHOULD I HAVE ASKED YOU THIS A FEW WEEKS AGO? SORRY.
WELL, YOU KNOW, THE, SO I DIDN'T GO AHEAD MATT.
UM, SO YOU DID ACTUALLY ASK THIS QUESTION BEFORE AT A PREVIOUS MEETING.
UH, AND THE APPLICANT'S ENGINEER INDICATED THAT THERE IS NOT ENOUGH ROOM TO INSTALL A 100 YEAR, UH, STORM WATER MANAGEMENT SYSTEM WITHOUT CAUSING SIGNIFICANT ADDITIONAL DISTURBANCES.
UH, SO IN THE INTEREST OF MINIMIZING DISTURBANCE, WHILE STILL ATTAINING A GREATER THAN CODE REQUIRED STORMWATER MANAGEMENT SYSTEM, UH, THE BOARD SEEMED AGREEABLE TO A 50 YEAR STORM EVENT.
AND THE APPLICANT IS AGREEABLE TO THAT AS WELL.
MATT, UH, JUST ONE QUICK QUESTION.
UM, IS THERE A MINIMUM FOR A SPACE NEEDED FOR TO, TO DEVELOP SOMETHING FOR A HUNDRED YEAR STORM? JUST SO WE KNOW FOR OUR REFERENCES AND WE DON'T.
THAT WOULD DEPEND ON THE SIZE OF THE IMPERVIOUS SURFACES.
OH, AND THE PROPERTY ITSELF AND THE NATURE.
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ULTIMATELY CALCULATIONS AND HOW MUCH, UH, YOU CAN ACTUALLY STORE IN, YOU KNOW, IF YOU'RE USING COLEX OR THE TYPE OF SYSTEM DRY WELLS, HOW MUCH YOU CAN ACTUALLY STORE IN THERE, HOW MANY YOU CAN FIT THE NATURE OF THE SOIL AND IT'S VERY SITE DEPENDENT.ALRIGHT, SO I, I MOVE TO APPROVE THE, UH, WETLAND WATER COURSE.
MOTION PASSES AND I MOVE TO APPROVE THE TREE REMOVAL PERMIT.
MAY I HAVE A SECOND? OH, THE LAST ONE I THOUGHT WE DID THE TREE.
SO WE'RE GOING BACK TO YES, WE ARE.
CASE NUMBER PB 2325 PRESTI GEO CUOMO, PERKINS SEVEN AND EIGHT.
I JUST SAY I'M ACCUSING MYSELF.
I PREVIOUSLY WORKED WITH THE FIRM THAT IS, UH, REPRESENTING ONE OF THE APPLICANTS.
OKAY, SO WE HAVE A LETTER, DRAFT LETTER OF FINAL SUBDIVISION APPROVAL.
THIS PROJECT HAS BEEN BEFORE THE BOARD FOR SOME TIME.
UM, THERE HAD BEEN SOME COMMENTS ISSUED BY ONE OF THE CO APPLICANTS TO, UH, CORRECT CERTAIN ITEMS ON THE FINAL SUBDIVISION PLAT.
UM, A REVISED OR UPDATED FINAL PLAT WAS PROVIDED, UH, A FEW WEEKS AGO.
I FORWARDED THAT ALONG TO ENSURE THAT IT WENT TO THE CO-APPLICANT.
UM, THERE WERE SOME COMMENTS THAT DID COME IN, UH, YESTERDAY FROM, UM, ONE OF THE CO APPLICANTS.
I DID FORWARD THAT TO THE OTHER CO-APPLICANT.
UM, AND I'LL TURN IT OVER TO MR. SDOS.
GEORGE SATOS FROM KEEN AND BEING ON BEHALF OF SALVATORE, UH, PRE GIACOMO.
UM, AS AARON SAID, YEAH, WE HAD SOME COMMENTS AFTER THE LAST MEETING.
WE APPEARED BEFORE YOU, UM, AUGUST 4TH.
UH, IT WAS AN EXTENSION REQUEST AT THAT TIME.
WE GOT THE EXTENSION, WE ADDRESSED THOSE COMMENTS, MOST OF WHICH WERE TYPOGRAPHICAL ERRORS.
WE REMOVED SOME THINGS FROM THE, UH, THE SUBDIVISION PLAT AND THAT'S OUTLINED IN OUR, UH, UH, OUR COVER LETTER UPDATED OCTOBER 9TH.
WE ARE IN RECEIPT OF COMMENTS FROM OUR CO-APPLICANT, UH, THAT WERE RECEIVED BY EMAIL YESTERDAY.
UH, AGAIN, THERE'S SOME TYPOS.
WE HAVE NO ISSUES, UH, CORRECTING THOSE JUST FOR THE RECORD.
WE, IF PUSH COMES TO SHOVE, WE CAN MAKE SOME OF THE OTHER CORRECTIONS.
BUT WE DO WANT TO STATE THAT, UM, YOU KNOW, ONE OF THE COMMENTS IS THAT A NOTATION SHOULD BE MADE THAT THE MEETS AND BOUNDS OF THE PROPERTY TO BE SOLD ARE TO BE INDICATED IN DEED OF SALE.
UM, AND ALSO THAT A NOTATION SHOULD BE MADE THAT THE WATER AND GAS LINES FOR EIGHT RITA LANE WITHIN THE FIVE FOOT DRAIN EASEMENT DENOTED ON THE PLAT WILL BE REMOVED BY THE TOWN.
WE RESPECTFULLY SUBMIT THAT THAT'S BEYOND THE REQUIREMENTS OF A SUBDIVISION PLAT.
IF, UH, THE CO-APPLICANT OR ANYONE WANTS TO DO A SURVEY OF THEIR PROPERTY, THEY'RE MORE THAN WELCOME TO.
WE DON'T WANT, AS WE SAID LAST TIME, TO PERPETUALLY BE COMING BACK WITH COMMENTS.
SO IF IT'S ADDRESSING THE NUMERICAL DISCREPANCIES, NO ISSUE.
IF THOSE EXIST, WE ABSOLUTELY HAVE TO FIX THEM.
UM, WE JUST DON'T WANT TO BE IN A CYCLE WHERE WE ARE CONSTANTLY ADDING NOTATIONS TO A SUBDIVISION PLAT AND TRANSFORMING IT INTO A SURVEY.
WITH THAT BEING SAID, IF THE BOARD WANTS TO GO WITH A CONDITIONAL FINAL APPROVAL TONIGHT, FOR EXAMPLE, AND REQUIRES US TO MAKE THOSE CHANGES, WE'RE NOT GONNA, WE'RE NOT GONNA SAY ABSOLUTELY NOT, BUT WE JUST WANTED TO STATE THAT OBJECTION FOR THE RECORD.
SO LET ME SPEAK TO THAT IN A LITTLE MORE DETAIL FOR THE BOARD.
AND SO THE COMMENTS PROVIDED BY MR. AND MRS. PERKINS WERE FORWARDED TO THE CO-APPLICANT AND FORWARDED TO, TO THE BOARD.
UM, ONE OPTION THE BOARD HAS, THERE ARE A FEW OPTIONS.
ONE, THE BOARD COULD SAY, WE WANT THESE NOTATIONS AS SPECIFIED BY THE PERKINS ADDED TO THE PLAT.
THAT WOULD LIKELY REQUIRE YOU NOT MAKING A DECISION THIS EVENING.
THE PLAT BEING FURTHER REVISED AND COMING BACK AT A FUTURE MEETING, WHICH WOULD REQUIRE THE BOARD TO ISSUE AN EXTENSION OF THE PRELIMINARY SUBDIVISION THIS EVENING AND CONTINUE THIS CASE FOR FUTURE DATE.
ANOTHER OPTION COULD BE, AND I'D LIKE TO HEAR FROM THE PERKINS ON THIS, UM, COULD BE FOR THE BOARD WITH RESPECT TO THE TWO NOTATIONS TO INCLUDE THOSE AS CONDITIONS OF THE FINAL SUBDIVISION
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APPROVAL SO THAT THEY ARE LISTED AND IDENTIFIED WITHIN AN APPROVAL RESOLUTION.IF THAT IS THE ROUTE THAT THE BOARD DECIDES TO GO, THEN THERE WOULD BE A STIPULATION THAT THE PLAT, UH, I'M SORRY THAT THE PLAT IS UPDATED WITH RESPECT TO ANY TYPOS OR INCONSISTENCIES AS YOU IDENTIFIED WITHIN A 60 DAY PERIOD FROM THIS EVENING.
GREAT BEYOND, ONCE THOSE ARE RECEIVED, FORWARDED TO YOURSELVES AND REVIEWED BY STAFF, IF THEY ARE IN FACT ACCURATE AND CORRECTED, OKAY, THEN THE COMMISSIONER OR SECRETARY TO THE PLANNING BOARD WOULD BE ABLE TO SIGN THE PLAT SO THAT THE PLAT CAN BE FILED WITH THE WESTCHESTER COUNTY CLERK.
SO THE NOTATIONS WOULD BE MEMORIALIZED AS CONDITIONS OF THE FINAL SUBDIVISION APPROVAL.
THAT IS ANOTHER ROUTE YOU CAN GO, UM, OR YOU CAN MOVE FORWARD AS IS.
BUT I WOULD SUGGEST THE SECOND OPTION.
BUT I DO WANT, I THINK THE BOARD WOULD BENEFIT FROM HEARING FROM THE PERKINS, IF YOU KNOW, THAT WOULD BE TO THEIR LIKING, BECAUSE ULTIMATELY THE PERKINS HAVE TO SIGN THE PLAT AS WELL.
AND IF THEY'RE NOT WILLING TO SIGN IT, THEN WE'RE GONNA BE BACK BEFORE YOU, US ANYWAY.
UH, MIRIAM KELLER PERKINS, ONE OF THE OWNERS OF SEVEN RITA LANE, WHITE PLAINS, NEW YORK, UM, LET IT BE KNOWN THAT THE CONDITIONS THAT WE WERE TALKING ABOUT IS NUMBER ONE.
AND THIS WAS BROUGHT UP IN A MEETING BACK IN JUNE, UM, WHERE FRANCIS SHEENAN WAS PRESENT.
JASON CAP WAS PRESENT, AARON WAS PRESENT, AND WE WERE PRESENT.
AND ONE OF THE THINGS THAT WAS BROUGHT UP BY FRANCIS SHEAN IS WHY WATER? WHY WAS THE GAS LINES FOR EIGHT RE LANE AND WHITE AND WATER LINES FOR EIGHT RE LANE CROSSING OUR PROPERTY? ALL RIGHT, THEY NEVER SHOULD HAVE HAPPENED.
WHEN THE SUBDIVISION WAS FIRST DONE, THE GAS LINES FOR EIGHT READ LANE SHOULD NOT HAVE BEEN CROSSING THE PROPERTY OF SEVEN READ RELE LANE.
NOW THAT WE ARE DOING, SO ONE OF THE THINGS THAT WE WANNA PUT ON THE PLA, WHETHER YOU CALL THIS AN AMENDMENT AND WHATEVER ELSE WE'RE HOLDING THE TOWN AND THE OWNER OF WHOEVER THE FUTURE OWNERS OR OWNERS OF EIGHT RELE LANE RESPONSIBLE FOR THE WATER AND GAS LINES THAT ARE UNDERNEATH OUR PROPERTY, THAT IS NOT OUR RESPONSIBILITY.
SHOULD THEY COLLAPSE, SHOULD THERE BE ANY DAMAGE? WE SHOULD NOT BE HELD ACCOUNTABLE, NOR SHOULD OUR SUCCESSORS.
THIS HAS NOTHING TO DO WITH THE LOT LINE ADJUSTMENT.
IT HAS TO DO WITH THE FACT THAT THEY, THIS SHOULD HAVE NEVER HAPPENED TO BEGIN WITH.
YOUR CODE SAID THAT THERE SHOULDN'T HAVE BE ANY GAS OR WATER LINES CROSSING SOMEBODY ELSE'S PROPERTY THAT BELONGED TO YOU.
SO WHEN THE NEIGHBOR HAD A MAJOR WATER LEAK ALMOST 10 YEARS AGO, THEY DUG UP OUR FRONT YARD, ALL RIGHT? WHEN WE WERE WAITING FOR THEM TO FILL THE HOLE, PUT GRASS SEEDS IN IT, WE KNOCKED ON THE NEIGHBOR'S DOOR OF EIGHT RITA LANE AND HE SAID, WHY SHOULD I DO IT? I DIDN'T, I DIDN'T PUT THE HOLES IN YOUR YARD.
SO WE SAID, NEVERMIND, THEN WE WILL FILL IT AND DO IT OURSELVES.
THEN THE NEIGHBOR, WHAT, FOUR YEARS AGO OR THREE YEARS AGO, HAD A MAJOR GAS LEAK, DIDN'T INFORM US HIS GAS SHUTOFF WAS IN OUR YARD.
WHEN WE WENT OUTSIDE, WE COULD SMELL THE GAS.
WE THEN NOTIFIED ONE OF OUR NEIGHBORS IN THE CIRCLE WHO WORKS FOR CONED.
SO ONCE AGAIN, WHO WAS RESPONSIBLE FOR THESE GAS AND WATER LINES THAT ARE UNDERNEATH OUR PROPERTY.
SO WHEN WE ISSUE THE FINAL PLAT, I DON'T WANT ANY OUR SUCCESSOR, MY DAUGHTER, MY SON, TO BE RESPONSIBLE FOR REMOVING THAT.
THAT IS THE RESPONSIBILITY OF THE TOWN AND THE WATER LINES ARE THE RESPONSIBILITY OF THE HOMEOWNER.
AND WE'RE NOT THE HOMEOWNERS THAT BENEFIT FROM THIS.
THE TOWN HAS MOCKED OUR PROPERTY RIGHT IN THE FRONT TO SAY OUR GAS AND WATER LINE ARE ON THE LEFT.
SO IN ADDITION TO THE GAS AND WATER LINES BEING ON OUR PROPERTY, WHAT WE NOW NOTICED, THERE ARE TWO SMALL CATCH BASINS.
SO WHEN YOU ASKED ABOUT STORM WATER MANAGEMENT, THEY WERE CONNECTED TO A DRY WELL THAT WAS ON THE PROPERTY OF THREE RITA LANE, NEVER CONNECTED TO THE MAJOR CATCH BASIN THAT IS IN FRONT OF OUR PROPERTY.
SO WHAT HAPPENED IS, ONCE THAT DRY WELL
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ON THREE RITA LANE OVERFLOWED, GUESS WHAT? IT WENT INTO OUR YARD, INTO OUR GARAGE, INTO OUR CRAWL SPACE AND FLOODED THAT.THEY THEN PUT A NEW LINE THROUGH, BUT GUESS WHAT THEY FOUND OUT WHEN WE HAD THE MAJOR STORM ON JULY 14TH, WHEN THEY CONNECTED IT TO IT, THERE WAS THIS HUGE SINKHOLE AND WE HAVE PICTURES TO SHOW YOU THAT HAVE NOW DEVELOPED.
AND SO WE WENT BACK TO THE TOWN, THEY SAID, BECAUSE GUESS WHAT? THEY FOUND OUT THAT DRY, UH, DRY WELL IS NOT CONNECTED TO ANYTHING, RIGHT? SO NOW WE GOT WATER.
NOW IT'S ON THE OTHER SIDE OF OUR PROPERTY.
THE TOWN JASON LER SAID THEY WOULD COME IN OCTOBER.
WELL, WE JUST HAD A MINOR NORTHER.
DO YOU THINK ANYBODY CAME OUT TO FIX ANY OF THIS? NO.
BUT DOES THIS HAVE ANYTHING TO DO WITH A LOT LINE ADJUSTMENT? NO, IT DOES NOT.
WE JUST WANT REFERENCE MADE AN AMENDMENT, THE THINGS THAT YOU ARE TALKING ABOUT TODAY, THE CONDITIONS, THE STIPULATIONS, AND WE'RE LOOKING FOR THE TOWN TO BE RESPONSIBLE.
DON'T ASK ME WHOSE SIGNATURE, BECAUSE IF YOU GO BACK TO THE ORIGINAL MAP THAT WAS FILED IN THE TOWN OF GREENBERG'S BUILDING DEPARTMENT, NOT THE PLAT.
AND IF I RECALL BACK IN OUR JUNE MEETING, AARON HAD ASKED, ASKED ANDREW, CAN YOU FIND WHERE THE TITLE IS REGARDING THE DRAIN EASEMENT? WELL, GUESS WHAT? ON THE FINAL, ON THE ORIGINAL PLAQUE THAT WAS FILED IN LAND RECORDS, THERE WAS NO DRAINAGE EASEMENT.
THERE WAS NO DRIVEWAY EASEMENT.
SOMEBODY BETWEEN THE TOWN OR WHATEVER ELSE PUT THIS ON, ON A SURVEY.
NO MENTION WAS IN ANY OF THE TITLES, BUT YET IT APPEARED.
SO UNDER THIS DRAINAGE EASEMENT, WHICH I REALLY BELIEVE, AND I I CAN'T PROVE THIS IS A ROOF, WHAT IT REALLY WAS WAS THE GAS AND WATER LINES FOUR EIGHT RITA LANE.
NOW WE'RE BEING TOLD BY JASON CAPLA THAT THERE IS ANOTHER DRY, WELL THAT IS OVER OUR OVERHANG AND IT CONNECTED TO THE OTHER MAJOR DRYWALL, BUT THAT HAS COLLAPSED.
WELL, WITH ALL OF THESE PROBLEMS, NOBODY HAS COME OUT WHEN WE HAD THIS MEETING, SO ONE OF THE EMAILS THAT WE SENT, SO WHAT'S GOING ON? YOU TOLD US WE WOULD HEAR SOMETHING IN JULY.
FRANCIS SHEENAN IS CONCERNED, WHY WERE GAS AND WATER LINES PUT ON OUR PROPERTY? ALL WE WANNA DO IS TO, IS TO GET THIS LOT LINE ADJUSTMENT.
WHY THE CLIENT, THEIR CLIENT IS NOT DETRIMENTAL IN ANY WAY.
WHY FOUR OF HIS, THREE OF HIS CARS CROSS OVER OUR PROPERTY THAT WE'RE TRYING TO SELL.
AND THE FOURTH CAR IS PARKED ENTIRELY WITHIN THE LOT LINE ADJUSTMENT.
NO MONIES HAVE TRANSFERRED, HAVE HAS GONE BETWEEN PARTIES.
THIS HAS NOW BEEN GOING ON FOR OVER BASICALLY 10 YEARS, BUT SINCE THE TIME WE BROUGHT THIS APPLICATION NOVEMBER OF 2024, WE'RE NOT CHARGING THEM ANY MONEY, BUT IT SEEMS LIKE THEY'RE THE ONES THAT ARE CONSTANTLY ASKING FOR DELAYS, DELAYS, DELAYS, BUT YET YOU'RE BENEFITING FROM PARKING YOUR CAR IN OUR YARD.
SO IF YOU'RE NOT LOOKING TO DO THIS, THEN GUESS WHAT? IF YOU WANT TO DELAY THIS, THEN MY SUGGESTION IS TO YOU INFORM THE APPLICANTS, THE OTHER CO APPLICANTS TO REMOVE YOUR CARS OFF OF OUR PROPERTY, TO STOP CROSSING OUR PROPERTY, PARK YOUR CARS, THEN IN YOUR SON'S YARD ON GREENWOOD LANE BECAUSE ALL, WE'RE NOT BENEFITING FROM THIS, WE'RE PAYING TAXES ON THIS AND WE'RE NOT GETTING ABSOLUTELY NO BENEFIT.
SO IN RESPONSE, JUST TO KIND OF GIVE THE BOARD SOME GUIDANCE AND INFORMATION, UM, CERTAIN MATTERS THAT WERE BROUGHT UP AS STATED BY MS. BIRKINS, DO NOT RELATE TO THE LOT LINE ADJUSTMENT.
SO THE BOARD HAS THE ABILITY TO MOVE FORWARD THIS EVENING ON THE FINAL SUBDIVISION APPLICATION RELATED TO THE LOT LINE ADJUSTMENT.
I THINK IT WOULD BE BENEFICIAL TO INCLUDE THE NOTATIONS AS CONDITIONS SO WE CAN AMEND THE DRAFT DECISION TO INCLUDE THOSE NOTATIONS SO THAT THEY'RE MEMORIALIZED.
WITH RESPECT TO MS. PERKINS COMMENTS REGARDING TOWN UTILITIES AND CONNECTIONS, WATER, GAS LINES AND VALVES CROSSING OVER FROM EIGHT TO SEVEN READ LANE AND THE FACT THAT IT WAS DISCUSSED WITH COUNCILMAN SHEEN, OUR TOWN ENGINEER, UH, MR. CAP, AND YOU'RE WAITING ON RESPONSES.
MY SUGGESTION WOULD BE TO EITHER, UH,
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YOU MAY COME INTO THE OFFICE AND I'LL EVEN WALK OVER TO THE TOWNS BUREAU OF ENGINEERING WITH YOU SO THAT WE CAN GET ANSWERS ON WHAT THE TIMEFRAME IS.BECAUSE AS I UNDERSTAND IT, THE TOWN CONTRACTS OUT THIS TYPE OF WORK.
SO THEY WERE LOOKING TO LINE UP THE CONTRACTOR.
I'VE BEEN SPOKEN WITH MR. CAPLA SPECIFICALLY, UH, WITHIN PROBABLY THREE TO FOUR WEEKS ON WHEN THIS IS GONNA BE SCHEDULED.
BUT I'M HAPPY TO PROVIDE AN UPDATE FURTHER IF YOU'RE NOT GETTING THE ANSWERS THAT YOU'RE SEEKING WITH RESPECT TO THOSE ITEMS. YOU CERTAINLY HAVE THE OPPORTUNITY TO ATTEND A TOWN BOARD MEETING AND SPEAK DURING THE OPEN COMMENT PERIOD AS THIS RELATES TO, YOU KNOW, MATTERS THAT ARE OUTSIDE THE JURISDICTION OF THE PLANNING BOARD WITH RESPECT TO THE WATER AND THE GAS.
UM, SO THAT IS ANOTHER OPTION OR AVENUE FOR YOU AS WELL.
BUT, UM, AS MENTIONED BEING THAT THOSE SPECIFIC ITEMS DON'T, YOU KNOW, AREN'T DIRECTLY RELATED TO THE LOT LINE ADJUSTMENT OR THE SUBDIVISION, THE BOARD HAS THE ABILITY TO MOVE FORWARD.
QUESTION THE LOT, UM, LET ME FINISH PLEASE.
THE LOT LINE ADJUSTMENT, UM, THAT'S GOING TO BE WHERE THE FINAL SUBDIVISION PLOT IS ISSUED, CORRECT? AND MY CONCERN IS, IN THE BEST CASE SCENARIO, THESE ISSUES, THESE ISSUES WOULD BE RESOLVED.
THAT BEING SAID, IF THEY ARE NOT RESOLVED, THE PLAT WILL NEVER INDICATE THAT THERE ARE THESE UTILITY LINES ON THIS PROPERTY THAT DON'T BELONG.
THE INTENTION IS, AND AS I UNDERSTAND IT, THE GAS VALVE WAS ALREADY RELOCATED.
THE WATER LINE IS WHAT MR. MR. CAPLA INDICATED THAT THE TOWN WOULD BE RELOCATING FROM NUMBER SEVEN TO NUMBER EIGHT, UM, THROUGH ITS CONTRACTOR.
THAT BEING SAID, IF IT DOES NOT HAPPEN BUT, AND THEY MOVE, THE NEXT OWNER WOULD HAVE NO IDEA THAT THIS IS ON THEIR PROPERTY.
WELL IF IT, IF, IF I, IF I CAN ANSWER THAT.
UM, YEAH, THERE WERE DISCUSSIONS ABOUT THE MOVEMENT OF GAS AND WATER VALVES AND EVERYTHING, AND THE SUBDIVISION PLAT IS NOT NECESSARILY THE VEHICLE FOR OWNERS TO KNOW WHAT'S ON THEIR PROPERTY.
THE SUBDIVISION PLAT IS THE VEHICLE TO DETERMINE THAT THIS LINE CURRENTLY EXISTS LIKE THIS WHERE THERE'S ALLEGEDLY CARS BEING PARKED AND EVERYTHING.
AND FOR THE RECORD, IF I UNDERSTOOD CORRECTLY THERE, OR ESSENTIALLY AN ALLEGATION THAT WE'RE ASKING FOR DELAYS IN TRYING TO DELAY THIS PROCESS, WE'RE TRYING TO ACCELERATE THIS PROCESS.
UM, THESE TRESPASSES OR WHATEVER'S BEING ALLEGED WITH THE CARS GOES AWAY WITH THE SUBDIVISION PLAT THAT'S APPROVED REFLECTING THE LINE.
NOW THE GAS AND THE WATER VALVES LOCATIONS, THAT'S WHAT A SURVEY IS FOR.
ANY PRIVATE HOMEOWNER CAN CONDUCT A SURVEY AT ANY TIME, CAN CONDUCT A SURVEY, BUT I MEAN, BUT THE SUBDIVISION IS NOT A VEHICLE FOR OR A SUBSTITUTE FOR A SURVEY.
IT, IN FAIRNESS, THEY WERE SHOWN ON THE PLA THOUGH, AND THAT WAS WHERE, THAT'S WHAT PROBABLY SPURD THE COMMENTS CONCERN.
YES, BUT WE REMOVED IT, WHICH IS BASED ON THE COMMENTS AND WE REMOVED IT BASED ON THE COMMENTS.
AARON, AARON, COULD YOU, COULD YOU QUICKLY WALK US THROUGH SORT OF OUR, OUR TWO PATHS FORWARD AND, AND WHAT PATH YOU WOULD RECOMMEND AGAIN? SO LET, LET'S BEFORE GO THE, THE SURVEY THAT THE GAS AND WATER LINE PLEASE.
AND, AND BY THE WAY, THEIR GAS, GAS AND, AND WATERLINE IS ON, IS IN THE FRONT OF THE HOU OUR HOUSE.
SO THE ENTIRE RIGHT SIDE OF OUR HOUSE IS BASICALLY OWNED BY THE TOWN AND THEY WERE ON OUR SURVEY FROM TC MERRIT.
IT SHOWED THAT THE NEIGHBORS GAS AND WATERLINE WAS ON OUR PROPERTY.
SO THAT WAS DONE AND OUR GAS AND WATERLINE SHUT OFF WAS IN OUR DRIVEWAY ON THE OTHER SIDE.
SO WHY WOULD WE HAVE TWO GAS AND WATER SHUTOFFS, MS. PERKINS? YES, SIR.
I THINK MA'AM, AND I THINK WHAT WE'RE TRYING TO GET TO IS WHAT IS FOR TONIGHT MM-HMM
BUT ALSO HAVING IT MEMORIALIZED, UH, WHERE, WHERE THESE UTILITY LINES ARE AND ALSO, OR THE CONDITION AS AARON SAID IN TERMS OF GETTING THIS, UM, APPROVED.
SO WE'RE TRYING TO GET TO THE MEDIUM.
WHAT NUMBER ONE IS WHAT IS ACCEPTABLE TO YOU? WHAT I'M HEARING FROM YOU IS THAT YOU DO WANT THE LOT LINE THAT DECISION, RIGHT? AND MADAM CHAIR WE WANT, BECAUSE WHEN WE WERE GOOGLING ALL OF THIS INFORMATION AS WELL, USING AI, AND I WAS LOOKING FOR, EVEN IF THE GAS AND WATERLINE HAD BEEN CAPPED, THEY HAD TO GO IN TWICE TO CAP THE GAS.
THEY KEPT IT INCORRECTLY THE FIRST TIME.
SO THEN, BUT WHAT I'M JUST ALSO TRYING TO SAY IS INACTIVE
[01:00:01]
GAS IN WATER LINES ARE BASICALLY WHAT IT WAS SAYING ARE ACTIVE GAS IN WATER LINES ARE CERTAIN SO THINGS THAT ARE WITHIN THE BUT THAT'S OUTSIDE OF YOUR PURVIEW.SO, AND THAT'S WHAT WE SENT IN A LETTER MM-HMM.
WE SAID THIS IS OUTSIDE THE PURVIEW OF THE PLANNING BOARD, BUT THIS SHOULD NOT DELAY THE DECISION REGARDING THE LOT LINE ADJUSTMENT.
THEN THAT'S, THAT ANSWERS THAT.
SO AARON, CAN YOU BRIEFLY, AS BRIEFLY AS POSSIBLE, WALK US THROUGH SORT OF OUR, OUR PATH FORWARD, RIGHT? SO THE BOARD COULD DECIDE TO HOLD OFF ON ANY DECISION AND, UM, ASK THAT THESE MATTERS BE FURTHER REVIEWED THAT THE PLAT BE UPDATED AS NECESSARY AND UH, RESUBMITTED FOR FUTURE CONSIDERATION, WHICH WOULD OBVIOUSLY RESULT IN A DELAY, WHICH I THINK BOTH PARTIES DO NOT WANT TO SEE WITH RESPECT TO THE LOT LINE ADJUSTMENT, WHICH IS THE SUBDIVISION.
ALTERNATIVELY, THE PLANNING BOARD COULD ISSUE ESSENTIALLY A CONDITIONAL FINAL SUBDIVISION APPROVAL.
I MEAN IT'S WHAT WE DO ANYWAY, BUT I'LL TERM IT THAT WAY.
WHICH ADDITIONAL CONDITIONS BE ADDED INTO THE DRAFT DECISION THAT WAS ALREADY CIRCULATED.
ONE OF WHICH RELATES TO, UM, THAT THE MEETS AND BOUNDS OF THE PROPERTY TO BE SOLD ARE TO BE INDICATED IN THE DEED OF SALE.
SO THAT WOULD, WOULD BE AN ADDED, UH, CONDITION TO THE RESOLUTION THAT, UM, CAPTURES THAT.
AND THEN SECOND, UM, THAT THERE COULD BE A CONDITION ADDED AS WELL THAT THE WATER AND GAS LINES FOR EIGHT RITA LANE WITHIN THE FIVE FOOT DRAIN EASEMENT TO NOTED ON THE PLAT OR PLANS SHALL BE RELOCATED BY THE TOWN REMOVED.
BUT WHEN YOU SAY THAT'S CONDITIONED, WHAT DOES THAT MEAN? THAT WE WOULD HAVE TO ONTO THE, ONTO THE OTHER LOT ONTO THE SEVEN RITA LANE LOSS.
YEAH, I'M SORRY, EIGHT RE LANE PROPERTY AND WE WOULD HAVE TO BASICALLY REVISE THE SUBDIVISION PLAT.
UM, YOU, YOU WOULDN'T HAVE TO WITH RESPECT TO THOSE, THEY, THEY WOULD BE MEMORIALIZED AS CONDITIONS AS A CONDITION IN THE APPROVAL.
THE ONLY, THE TYPOGRAPHICAL ERRORS ARE A CONDITION THAT WE WOULD HAVE TO REVISE THE PLAT FOR AND THEN RIGHT.
SO THE, THE OTHER CONDITION WOULD BE THAT WITH RESPECT TO ANY TYPO GRAPHICAL ERRORS, BECAUSE WHEN I FORWARDED THE COMMENTS FROM THE PERKINS TO, UM, THE PRESTA GIACOMO'S ATTORNEYS, THEY SAID WE'RE HAPPY TO HAVE THOSE TYPOGRAPHICAL ERRORS CORRECTED, BUT WE WANT THE SURVEYOR TO REVIEW THEM, YOU KNOW, DON'T DO YOUR MATH.
THAT'S NOT QUITE FAIR FOR US BECAUSE I UNDERSTAND AND WE AGREE THAT IF THERE ARE TYPOGRAPHICAL ERRORS, WE WILL CORRECT THEM.
SO IF THERE ARE THAT THEY SHALL BE CORRECTED WITHIN 60 DAYS FROM THE DATE OF THIS EVENING, 60 OR SOONER OR SOONER 60.
IT CERTAINLY, WE DON'T ANTICIPATE IT TAKING 60, BUT THE BOARD COULD.
HOW LONG WOULD YOU ANTICIPATE IT TAKING? WE ALREADY HAVE AN EMAIL OUT TO, TO THE ENGINEER TO REVISE THE, UH, THE SUBDIVISION PLAT.
THAT COULD TAKE A DAY, THAT COULD TAKE TWO DAYS.
BUT I MEAN, I DON'T WANNA SAY A WEEK AND THAT TAKES EIGHT DAYS.
SO, SO WHAT'S A REASONABLE IF IF 60, WHAT'S, WHAT'S IF IF 30 MAKES EVERYONE A LITTLE MORE COMFORTABLE? I SUSPECT 30 WILL BE MORE THAN ENOUGH TIME, BUT I DON'T WANNA SAY FIVE DAYS AND THEN ON THE SIXTH DAY WE'RE BACK.
BUT FOR THE OTHER TYPE OF AL ERRORS, IT TOOK THREE MONTHS.
YOU WENT FROM JULY TO OCTOBER.
WELL, THAT'S WHY WE'RE CONDITIONING IT.
AND THAT ALSO, YOU KNOW, FOR FULL DISCLOSURE, THERE WERE MEETINGS IN BETWEEN TO TRY TO RESOLVE, FIGURE OUT WHAT'S GOING ON WITH GAS LINES, WATER AND LINES, ET CETERA.
UM, CONDITION OF, OF THE MEETS AND BOUNDS, UH, INDEED OF SALE, CORRECT.
MEMORIALIZE THE UTILITY? CORRECT AND CORRECT ANY TYPO GRAPHICAL ERRORS AS IDENTIFIED BY THE PERKINS IN THEIR EMAIL.
IF THAT IS ALL COMPLIED WITH, THEN THE SECRETARY TO THE PLANNING BOARD, ALSO KNOWN AS THE COMMISSIONER WILL BE ABLE TO ENDORSE THE PLAT SO THAT THE PLAT CAN THEN ALSO BE, UM, ENDORSED BY THE ALL PARTIES.
AND THEN FILED WITH THE WESTCHESTER COUNTY CLERK.
SO WE HAVE THREE ADDITIONAL CONDITIONS THAT WE'RE ADDING TO THE DECISION.
CORRECT? I WAS JUST GONNA SAY IT'S A 30 DAYS, RIGHT? IT'S, UH, THE, THE SUBDIVISION PLA CORRECTING ANY TYPO GRAPHICAL ERRORS MM-HMM
AND THEN THOSE NOTATIONS ARE TO BE MEMORIALIZED IN THE APPROVAL, BUT NOTHING ON THE PLAT.
SO ESSENTIALLY THERE'S NOTHING ON OUR END TO DO THERE.
JUST TO BE CLEAR BECAUSE THAT'S CORRECT.
THE TYPOGRAPHICAL ERRORS CAN BE DONE POST-DECISION OF THE BOARD MM-HMM
HOWEVER, IF, UM, THERE WERE THESE NOTATIONS ADDED MM-HMM
THEN IT'S SOMETHING THAT THE BOARD WOULD HAVE TO, IT'S A CHANGE IN THE YES.
[01:05:01]
THE TYPO.I'M PLEASE JUST COME, I PLEASE COME TO THE, MY, JUST COME UP TO THE MIC.
UM, THIS MEMORIAL MEMORIALIZATION THAT WE'RE DOING, IS THIS ALL GOING TO BE ON, ON THE PLAQUE? IS THAT IT'S GOING TO BE IN THE REC RECORDED DECISION OF THE PLAN BOARD.
SO ON THE PLAT, THE ONLY THING THAT IS GOING TO BE IS THE CHANGES FOR THE TYPOS AND, AND THE ERRORS.
UH, WHAT, FOR INSTANCE, ABOUT THE MEETS AND BOUNDS, RIGHT? WILL THAT BE INDICATED ON THE PLAT? NO, THAT WILL BE RECORDED AS A CONDITION.
BUT, BUT LIKE WE DISCUSSED IN THE LAST APPLICATION, THE CONDITION NUMBER WILL BE ON THE PLAT, IS THAT CORRECT? REFERENCED REFERENCED BEFORE YOU MENTIONED OH, OKAY.
SO REFERENCED ON THE PLAT SO PEOPLE COULD GO BACK AND READ IT, BECAUSE THAT WAS THE QUESTION SHE HAD ASKED.
SO HOW DO PEOPLE KNOW? AND SHE THEN, UM, OKAY, SO, SO I, I, I DO FOLLOW, HOLD ON ONE SECOND.
SO THE MEETS AND BOUNDS WILL BE REFERENCED ON THE PLAT, THE OKAY.
CONDITIONS, THE WHAT WILL HAPPEN, WHAT CAN HAPPEN.
AND I'M JUST PULLING UP THE, UH, FINAL PLAT NOW.
'CAUSE THIS IS A NEW REQUIREMENT THAT THE BOARD'S BEEN HAVING, AND THIS PROJECT HAS BEEN KICKING AROUND FOR A WHILE, SO IT MAY NOT HAVE PICKED UP, BUT THERE, AND I'M JUST THUMBING THROUGH THIS, WHAT THE BOARD IS MORE RECENTLY ASKING FOR AND COULD CERTAINLY ASK FOR IN THIS INSTANCE, IS THAT THE PLAT BE UPDATED TO REFERENCE THE CASE NUMBER.
WELL, ASSOCIATED WITH THIS PROJECT, NO PROBLEM WITH AND ALL ITS CONDITIONS.
SO THAT'S, SO ONCE AGAIN, I JUST WANT TO MAKE IT MAKE SURE WE UNDERSTAND WHAT THINGS NEED TO BE ON THE PLAT AND WHAT THINGS NEED TO BE DONE JUST OUTSIDE YOUR, IN THE CONDITION THAT'S REFERENCED ON THE PLAT, RIGHT? YES.
THAT'S WHAT YOU HAD MENTIONED EARLIER WHEN IT CAME ON, AND THAT'S THE WORDS THAT YOU WANT TO MAKE SURE ARE ON THE PLAQUE, PARTICULARLY REGARDING OUR MAIN CONCERN IS SERIOUSLY IS THE GAS WATER LINES.
AND I'M SORRY IF YOU OUR, I UNDERSTAND.
SHE WOULD HAVE TO COME TO THE MIC.
I, I APPRECIATE THE FACT, AND I WAS TAKING NOTES DURING YOUR MEETING AND WHEN YOU SAID REFERENCE TO CONDITIONS TO BE PLACED ON THE PLAT REGARDING MS. PERKINS.
I MEAN, MAYBE YOU GUYS GOTTA IT FIGURE OUT, BUT I NEED TO, ON THE PLA WHAT WOULD BE SET ON WHAT, WHAT WOULD BE SUGGESTED WORDING ON THE, GIVE AN, GIVE HIM A MOMENT.
HE'S GONNA RUN THROUGH WHAT'S GOING TO ACTUALLY APPEAR ON THE PLA RIGHT.
AND WHAT THE REFERENCE IS REFERENCING.
BECAUSE I THINK THAT WOULD BE BEST.
THE CON, A CONDITION COULD READ SIMILAR TO THIS, THIS SUBDIVISION RELATES TO TOWN OF GREENBURG PLANNING BOARD CASE NUMBER PB 2325, WHICH IS THE CASE NUMBER.
ALL CONDITIONS RELATED TO THIS SUBDIVISION ARE ON FILE WITH THE TOWN OF GREENBURG, DEPARTMENT OF COMMUNITY DEVELOPMENT AND CONSERVATION.
SO WOULD THAT INCLUDE THE ENGINEERING AND THE BUILDING DEPARTMENT REGARDING THE STORM DRAINAGE AS WELL AS THE COLLAPSED PIPE THAT THEY'RE TELLING US? NO, NOT RELATED TO THE LOT LINE ADJUSTMENT, WHICH IS BEFORE THE PLANNING BOARD.
WOULDN'T BE ON THE NO, WOULD NOT BE ON THE PLA.
WE DON'T, WE HAVE NO AUTHORITY OVER THAT PORTION.
WE DO HAVE A, UM, AUTHORITY FOR THE ITEMS THAT WE MENTIONED, THE CORRECTION OF THE TY, THE TYPOS, UM, THE MEETS AND BOUNDS, THE, UH, AS, AS A CONDITION OF THE DECISION.
THE NEEDS AND BOUNDS WILL BE ON THE PLAT, THE ON.
OKAY, LET ME, UM, IT'LL REFERENCE THE DEED FOR THE, SO IT'S PAPER DEED.
BOUNDS WILL BE IDENTIFIED ON THE PLAT.
THE, YOUR COMMENT RELATED TO, WE WOULD LIKE TO SEE A NOTATION MADE ON THE PLAT THAT THE MEETS AND BOUNDS OF THE PROPERTY TO BE SOLD ARE TO BE INDICATED IN THE DEED OF SALE.
THAT NOTATION WILL NOT BE ON THE PLAT.
THAT NOTATION WILL BE A CONDITION OF THE PLANNING BOARD'S, APPROVAL OF THE SUBDIVISION, AND THE APPROVAL IS, WILL BE REFERENCED AS A NOTE ON THE PLAT.
SO CAN I ASK, IS I THINK THE QUESTION YOU FOLLOW THAT YES, WE FOLLOW THAT, BUT THE QUESTION I'M STILL ASKING WHO IS TAKING RESPONSIBILITY
[01:10:01]
FOR THESE GAS AND WATER LINES AND FOR THE BROKEN DRAINAGE, STORM DRAINAGE.THAT'S, WE DON'T HAVE A 50 YEAR PLAN.
DO YOU DON'T HAVE A 25 YEAR PLAN RIGHT NOW, MS. MS. KINS NOT THE PLANNING BOARD
SO WHILE I UNDERSTAND YOUR FRUSTRATION, OKAY.
I BELIEVE THAT AS AARON SUGGESTED, THAT IS SOMETHING THAT IF YOU, IF YOU NEED TO, UM, TALK ABOUT IT PUBLICLY, YOU NEED TO GO TO THE TOWN BOARD.
UM, THE, THE, THE ONLY, THE ONLY ADDITION I WOULD MAKE TO THE THREE NEW CONDITIONS IS THAT THE TYPOS SHOULD, UH, BE TYPOS INCLUDED IN COMMENTS BY THE CDC STAFF.
SO WE'RE, WE'RE SPECIFICALLY IDENTIFYING WHICH TYPOS ARE BEING, ARE BEING, UH, UPDATED.
SO I DON'T WANT TO TAKE MORE TIME IN THIS THERE, SO IF YOU WOULD, IF YOU WOULD, IF WE MAY LET AARON FINISH WRITING WHAT HE'S WRITING.
AND THEN HE'S GOING TO, IF YOU DON'T MIND JUST CLEANLY EXPLAIN TO YOU WHAT IS THE FINAL OUTCOME OF THIS CONVERSATION THAT WE'RE HAVING.
WE CANNOT ADDRESS, UM, MOVING GAS LINES.
ALSO, LET ME JUST MAKE ONE MORE FOR ME.
UM, I UNDERSTAND, YOU KNOW, WITH THE ENGINEERS, WHAT THE SURVEYORS, THE TECHNICAL DRAWINGS, THE, YOU KNOW, A LOT OF NUMBERS AND DETAILS.
THE PROBLEM IS, IS THAT, YOU KNOW, YOU END UP PLAYING WHACK-A-MOLE WITH THESE NUMBERS, RIGHT.
THE MORE YOU LOOK AT THE DOCUMENT, BECAUSE THE FIRST TIME I LOOKED AT IT, I DIDN'T NOTICE THOSE THINGS, BUT OF COURSE I LOOK AT IT AGAIN, I SAID, OH, SOMETHING ELSE.
YOU KNOW? AND, UH, SO I WOULD SUGGEST THAT THE SURVEYOR, UH, ACTUALLY BE A LITTLE BIT MORE CONSCIENTIOUS IN REVIEWING THE DOCUMENT TO MAKE SURE THAT SOME OF THESE THINGS THAT, THAT SHOULD BE CORRECT, THAT I SHOULDN'T HAVE TO FIND.
I'M NOT THE SURVEYOR THAT, AND, AND AGAIN, I, I WOULD IMPLORE YOU TO, YOU KNOW, DO THAT AT PUBLIC COMMENT AT THE TOWN BOARD MEETING THE SURVEY, UNFORTUNATELY, NO, BUT I, I'M JUST MENTIONING THAT, YOU KNOW, I, I, I PICKED UP THESE ERROR.
SO DARREN IS READY NOW, AND SO THAT WE, I'LL, I'LL, I'LL RESTATE THEM.
UM, SO THE PLAT WILL BE CORRECTED TO, UM, UH, UPDATE ANY TYPOGRAPHICAL ERRORS AS REFERENCED IN THE EMAIL RECEIVED BY STAFF FROM THE PERKINS DATED, OR ANY OTHER ONES THAT THEY FIND.
IN THAT REVIEW DATED OCTOBER 10TH, 2025, RECEIVED OCTOBER 14TH, 2025, CLAT WILL FURTHER BE UPDATED TO INCLUDE A NOTE THAT THIS SUBDIVISION RELATES TO TOWN OF GREENBURG PLANNING BOARD CASE NUMBER PB 23 DASH 25.
ALL CONDITIONS RELATED TO THIS SUBDIVISION ARE ON FILE WITH THE TOWN OF GREENBURG, DEPARTMENT OF COMMUNITY DEVELOPMENT AND CONSERVATION.
SEPARATELY WITH RESPECT TO CONDITIONS, UM, THAT WILL BE ADDED TO THIS DECISION.
ONE, THE MEETS AND BOUNDS OF THE PROPERTY TO BE SOLD ARE TO BE INDICATED IN THE DEED OF SALE.
AND TWO, THAT THE WATER AND GAS LINES FOR EIGHT RITA LANE WITHIN THE FIVE FOOT DRAIN EASEMENT WILL BE REMOVED BY THE TOWN.
AND, AND THE 30 DAYS THAT WE HAD BEEN DISCUSSING EARLIER, WHERE IS THAT? THAT'S FOR THE, THE REVISIONS TO THE PLAT.
SO THE RISE OF THE PLAT WILL BE CONDUCTED WITHIN 10 30.
IT'S BASICALLY JUST TO CHANGE THE TYPOS.
THE TYPOS, AND THE ADDITION OF THE REFERENCE OF THIS CASE.
AND, AND AGAIN, YOU'RE, YOU'RE COMFORTABLE WITH 30 DAYS, CERTAINLY 30 DAYS.
THE ONLY THING I WOULD LIKE TO STATE, AND I DON'T WANNA TAKE UP TOO MUCH OF YOUR TIME, I PROMISE, UM, THAT ONE CONDITION ON THE WATER LINES BEING MOVED BY THE TOWN, UM, IT'S A CONDITION OF APPROVAL TECHNICALLY, BUT THAT'S NOT REALLY SOMETHING THE APPLICANT CAN CONTROL.
SO I JUST WANT THAT FOR THE RECORD AS A CONDITION OF APPROVAL.
IT'S NOT SOMETHING IN THE APPLICANT'S HANDS, BUT I JUST HAVE TO STATE THAT.
I DEFER TO YOU TO HOW YOU WANNA PROCEED.
UH, I THINK MS. KINS WANTS, I JUST HAVE ONE LAST QUESTION.
WE DID NOT RECEIVE THIS INFORMATION FROM KEENAN UNTIL OCTOBER 9TH AT 4:39 PM WHICH WAS THURSDAY.
WE COULDN'T RESPOND TO ANYTHING.
SO FROM JULY TILL OCTOBER, THIS CAN'T KEEP GOING ON, WHICH IS WHY WE'VE
[01:15:01]
GIVEN THE 30 DAYS.BUT WE WOULD LIKE TO RECEIVE THE COPY OF THE MILER OR THE PRELIMINARY PLAT TWO DAYS, OR NOT TWO DAYS BEFORE THIS MEETING.
I THINK WE, WE'D LIKE TO GO TO VOTE.
WE UNDERSTAND THAT'S ALL, THAT'S ALL I WAS TRYING TO SAY.
'CAUSE THIS HAS HAPPENED BEFORE.
UM, SO I MOVED TO APPROVE THE DRAFT DECISION FOR THE FINAL SUBDIVISION APPLICATION AS AMENDED WITH THE THREE ADDITIONAL CONDITIONS.
SECOND, UM, BEFORE THAT, I BELIEVE YOU HAVE TO CONSIDER A WAIVING THE PUBLIC HEARING.
I MOVE TO WAIVE THE FINAL PUBLIC HEARING.
A MOTION PASSES TO WAIVE THE PUBLIC HEARING.
AND, AND MATT, IT'D BE HELPFUL AS A NOTE IN THE, IN THE PROCEDURE DOCUMENT WHEN WE NEED TO WAIVE FINAL PUBLIC HEARING TO, TO INCLUDE THAT, UM, OH, THAT'S GOOD.
IN THE PROCEDURE, UM, I MOVE TO, UH, APPROVE THE DRAFT DRAFT DECISION FOR THE FINAL SUBDIVISION APPLICATION AS AMENDED WITH THE THREE ADDITIONAL CONDITIONS.
THANK YOU VERY MUCH FOR YOUR TIME.
FEEL FREE TO REACH OUT TO ME TOMORROW.
WE'RE GONNA CALL NEW BUSINESS CASE NUMBER PB 25 25 SOLTANA 7 4 2 CENTRAL PARK AVENUE.
WE CAN, I DIDN'T REALIZE THAT WE SHOULD STATE ON THE RECORD.
WHAT THE CASE DO YOU NEED? UH, THIS IS IN SCARSDALE.
OH, I WAS WAITING FOR A MINUTE.
UH, INCIDENTAL DINING SPECIAL PERMIT, A WORK SESSION TO DISCUSS AN INCIDENTAL DINING SPECIAL USE PERMIT APPLICATION TO ADD EIGHT SEATS AT FOUR TABLES TO A RETAIL BAKERY SPACE.
THE BAKERY IS APPROXIMATELY 716 SQUARE FEET, AND NO CHANGES TO THE SIZE OF THE BAKERY ARE PROPOSED.
NO EXTERNAL PHYSICAL CHANGES TO THE SITE OR PROPOSED THIS PROPERTY RECEIVED A SHARED PARKING REDUCTION OF ONE PARKING SPACE AS PART OF CASE NUMBER PB 25 DASH OH TWO, ASSOCIATED WITH THE CONVERSION OF A, A VACANT OFFICE SPACE TO A RETAIL BAKERY, UH, SPACE.
BEFORE WE TURN THINGS OVER TO MS. FERNANDEZ, I JUST WANTED TO MAKE A QUICK ANNOUNCEMENT THAT THE LIGHTS ARE ON IN THE PARKING LOT.
SO WE DID GET NOTIFICATION BACK FROM THE COMMISSIONER OF PUBLIC WORK, SO THANK YOU FOR BRINGING IT TO MY ATTENTION, AND I'M HAPPY TO REPORT THAT THEY'RE ON.
IS THERE ANYTHING ELSE, UM, YOU'D LIKE ME TO ADD? UM, SO I THINK EVERYTHING WAS PRETTY MUCH SET THERE.
EIGHT SEATS, UM, WE ALREADY SUBMITTED FOR THE PARKING FOR THE REDUCTION EARLY ON THIS YEAR.
UM, SO WE WOULD, IT MIGHT, IT'S, UH, PRIMARILY TAKE OUT, SO IT WOULD, UM, BE HELPFUL.
I DON'T KNOW IF YOU HAVE A COPY OF THE JULY 22ND, 2025 COVER LETTER TO THE PLANNING BOARD THAT KIND OF GOES THROUGH THE PROJECT.
AND THEN SEPARATELY, UM, I CAN SHARE THE PLANS, BUT IF YOU HAVE THE ABILITY WITHIN THAT SUBMISSION DOCUMENT, UM, YOU KNOW, THERE WERE PLANS, THERE WERE IDENTIFIED PARKING SPACES, THERE WERE PHOTOGRAPHS PROVIDED, UM, FROM VARIOUS DAYS AND TIMES OF THE WEEK THAT WERE CAPTURED, UH, TO SHOW, YOU KNOW, AVAILABILITY OF OFF STREET AND ON STREET PARKING IN THE VICINITY OF THE SITE.
SO IF YOU HAVE THE ABILITY TO GO THROUGH THAT, THAT WOULD BE HELPFUL.
ARE YOU ABLE TO SEE MY SCREEN? YEAH, YOU CAN JUST KIND OF WALK THE BOARD THROUGH THAT OR SUMMARIZE THAT BOTH FOR THE BOARD'S BENEFIT, EVEN THOUGH THEY'VE RECEIVED COPIES AND FOR MEMBERS OF THE PUBLIC.
SO I GUESS TO SUMMARIZE OR REITERATE WHAT, UM, WAS PREVIOUSLY SAID, UM, IT'S A SMALL TAKEOUT BAKERY.
UM, IT'S ONE OF A FEW, UM, RETAIL SPACES LOCATED, UM, ON 7 42 CENTRAL PARK F UM, WE'RE PROPOSING EIGHT SEAT TWO WITH FOUR
[01:20:01]
TABLES, TWO SEATS EACH, SO IT'S VERY SMALL.WE HAVE LIKE A, UM, TAKEOUT COUNTER HERE AND HERE'S THE ENTRANCE.
SO IT WOULDN'T BE TOO MUCH OF AN IMPACT.
AND THERE WILL BE NO ONSITE COOKING.
UM, PARKING IS LOCATED, UM, OFF THE SIDE OF CENTRAL PARK AVE OVER HERE WITH PAID METER PARKING.
UM, THERE'S ALSO EXISTING PARKING TO THE REAR OF THE BUILDING, UM, IN WHICH ALL THESE 10 MINUTES, UM, WAIT, ALL THESE, UM, STORE OWNERS ARE ABLE TO USE, UM, THERE IS RESIDENTIAL ABOVE, BUT THOSE RESIDENTS DO NOT HAVE ACCESS TO THE REAR PARKING AREA, UM, DURING, UM, DURING THE DAY ONLY OVERNIGHT.
SO THEY WOULD NOT BE IMPACTING, UM, THE PARKING WHATSOEVER.
AND YOU HAVE THOSE, UM, THERE WAS ALSO, GO AHEAD.
YES, THERE'S ALSO A STUDY THAT WE DID PREVIOUSLY ON, UM, PARKING DURING THE DAY THROUGHOUT, UM, 8:00 AM HERE'S THE REAR, UM, COMPLETELY OPEN, 10:00 AM STILL PLENTY OF PARKING.
SO IT WOULD BE A VERY QUICK PIT STOP FOR COFFEE BAKED GOODS.
AND WE DON'T BELIEVE THAT IT'LL IMPACT ANY TRAFFIC WHATSOEVER.
SO EVEN TILL 8:00 PM WHICH OUR OPERATIONS DOES NOT EXCEED TO THAT TIMEFRAME DONE ON A DONE ON A SNOW DAY.
SO HAVE HERE, WE HAVE A CHART FROM PREVIOUS BEFORE OF HOW MANY, UM, STREET PARKING SPACES WERE AVAILABLE AND OFF STREET PARKING SPACES AVAILABLE.
SO IT, IT IS AROUND IN THE HIGH, UM, TEENS FOR THAT THROUGHOUT THE DAY.
DID YOU HAVE ANYTHING ELSE TO ADD? UH, NO.
I WAS ONLY GONNA ADD THAT, UM, THE SPACE SHALL BE EQUIPPED WITH A FIRE ALARM SYSTEM THROUGH THE, UH, ZONING REQUIREMENTS.
SO, SO WHEN, WHEN YOU WERE LAST IN FRONT OF US, UM, YOU KNOW, THE QUESTION WAS ASKED IF YOU INTENDED ON HAVING ANY SEATING, AND THE RESPONSE THEN WAS NO.
UM, WHAT HAS CHANGED SINCE, SINCE THEN AND NOW, UM, THAT I'M UNSURE OF.
I AM JUST, UH, REPRESENTING, UM, UH, NICHOLAS SAINI ON THIS BEHALF, BUT THAT'S SOMETHING I CAN BRING ALONG, UM, AND FOLLOW THROUGH WITH THE ANSWER TO THAT, THAT, THAT THAT WOULD BE GREAT.
UM, I, I THINK THAT THE, THE OTHER QUESTION THAT WOULD BE HELPFUL TO, TO MM-HMM
GET A RESPONSE TO, YOU KNOW, WHEN, WHEN WE HAD THE PARKING REDUCTION CONVERSATION, UM, YOU KNOW, THE APPLICANT, UH, PRESENTED THAT THIS WOULD BE QUICK, UH, YOU KNOW, A QUICK DROP IN TAKEOUT ONLY.
UM, AND, YOU KNOW, CARS WOULD, YOU KNOW, ONE WOULD EXPECT CARS WOULD ONLY BE PARKED IN FRONT OF THE STOREFRONT FOR 10, 15 MINUTES, HOWEVER LONG IT TAKES FOR SOMEONE TO POP IN, GRAB A, A PASTRY, GRAB A COFFEE AND LEAVE.
UM, NOW WITH SEATING, YOU KNOW, ONE MIGHT EXPECT THAT, UH, YOU KNOW, SOMEONE MIGHT HUNKER DOWN, STAY FOR A 30 MINUTE MEETING, HOUR MEETING, POTENTIALLY EVEN SPEND THE WHOLE DAY, UH, YOU KNOW, DOING THEIR WORK ON THEIR LAPTOP, UH, ENJOYING THE, THE BAKERY GOODS AND, AND COFFEE.
UM, DOES THE APPLICANT ANTICIPATE THAT THE, THE CHANGE IN, YOU KNOW, LENGTH OF CUSTOMER STAY WILL HAVE ANY IMPACT ON THE PARKING, UH, AND THE PARKING STUDY THAT, THAT WAS PRESENTED WHEN THE PARKING REDUCTION FIRST WAS IN FRONT OF US? UM, I DON'T THINK THAT WOULD, UM, MAKE MUCH OF AN IMPACT.
UM, SO FROM THE STUDY WE HAVE AROUND 15 TO 19 SPACES AVAILABLE THROUGHOUT THE DAY.
UM, SO I DON'T THINK THAT WOULD BE AN ISSUE.
WAS YOUR STUDY ONLY DONE ON A SNOW DAY OR YOU DID IT ON MULTIPLE DAYS? UH, JUST ON ONE DAY, BUT FOR THE ENTIRE COURSE OF THE DAY.
AND, AND DO YOU RECALL THE DATE THAT THE STUDY WAS CONDUCTED? IT WAS FEBRUARY.
IT WAS FEBRUARY, IT WAS IN THE PICTURE, I THINK IT WAS FEBRUARY.
DO YOU RECALL WHAT DAY OF THE WEEK THAT WAS? IF IT WAS A WEEKDAY OR A WEEKEND BY ANY CHANCE? 11TH.
[01:25:01]
WE COULD CHECK IT.IF THE BOARD WANTS, THE BOARD COULD CERTAINLY REQUEST THAT THE APPLICANT, UM, YOU KNOW, PRIOR TO ANY, UM, DECISION ON THE MATTER, PERHAPS ON A WEEKEND WHERE PEOPLE AREN'T WORKING THAT MAY BE VACATING THE SP SPACES IN THE BACK.
WHAT WOULD BE, SORRY, WHAT, WHAT WOULD, SO YOU WOULD BE OPEN MONDAY THROUGH FRIDAY, MONDAY THROUGH SUNDAY, WHAT WOULD BE THE, THE INTENDED HOURS OF OPERATIONS AND DAYS OF OPERATION? UM, IT WOULD BE MONDAY THROUGH SUNDAY, 6:00 AM UM, TO, I THINK 10:00 PM WE HAVE HERE.
UM, YOU SUGGESTED THAT RESIDENTS AREN'T ABLE TO USE THE REAR PARKING LOT DURING THE DAY.
SO ON THE WEEKEND, ARE THEY REQUIRED TO MOVE THEIR, MOVE THEIR CARS ELSEWHERE OR DO THEY PARK IN THE BACK ON THE WEEKENDS? NO, THAT'S, UH, UM, I MEAN, BY THEN, YOU KNOW, THE RESIDENTS ARE KIND OF CONSIDERED LIKE CUSTOMERS, BUT THEY DO NOT PARK THERE DURING THE DAY, ONLY AT NIGHTTIME.
SO THEY WOULD HAVE TO INCLUDING, INCLUDING THE WEEKENDS, MOVE IT.
UM, I DON'T THINK IT'S GOING MAKE MUCH.
I THINK IN TERMS OF, UH, THE PARKING THINGS, I DON'T THINK IT'S GONNA MAKE MUCH OF A DIFFERENCE BECAUSE THEIR, UH, THE USE AND THEIR, UH, IS, IT IS GOING TO BE NOT VERY MUCH DIFFERENT.
SO IT'S NOT LIKE A CERTAIN TIMES IT WOULD BE PEAK ON MONDAY VERSUS ON SATURDAY.
SO, UM, AND I THINK WE, WE ARE, UM, GIVING VERY NOMINAL REDUCTION IN THEIR, UH, WHATEVER IT'S EXISTING.
SO I DON'T SEE ANY REASON FOR THEM TO BE, AGAIN, BURDEN WITH ANOTHER, ANOTHER STUDY.
I, I, I, I GUESS WHAT I'M STRUGGLING WITH IS, IS THIS EFFECTIVE SEGMENTED REVIEW THAT WE'RE CONDUCTING, UM, WHERE I I I, I WOULD'VE MUCH PREFERRED IF WE HAD THE PARKING REDUCTION AND THE INCIDENTAL SEATING IN FRONT OF US.
AT THE SAME TIME, WE'VE ALREADY COMMITTED TO THE PARKING REDUCTION.
AND DURING THAT APPLICATION, THE QUESTION WAS ASKED, WILL YOU HAVE SEATING? THE RESPONSE WAS, NO.
AND NOW, HOWEVER, MANY MONTHS LATER, ALL OF A SUDDEN, UH, THE, THE BAKERY HAS DECIDED THAT THEY WANNA HAVE SEATING.
SO THAT BEING SAID, ARE YOU NOT CONVINCED THAT TO THE EXTENT THAT COR IS, UM, THAT THIS WON'T MAKE A DIFFERENCE? AND IF SO, THEN WE CAN ASK FOR MORE OF A, OF A STUDY? YEAH, I MEAN, I, I KNOW I, I FREQUENT THAT, THAT PARKING, THAT SHOPPING AREA FREQUENTLY, THAT'S WHERE, WHERE MY PRINTER IS.
UM, SO, AND IT, AND IT CAN BE CHALLENGING TO FIND PARKING, YOU KNOW, AS IS.
AND YOU KNOW, I ALSO BEING, BEING IN MY LINE OF WORK, SPEND A LOT OF TIME MEETING PEOPLE IN COFFEE SHOPS AND KNOW HOW LONG PEOPLE CAN HANG OUT IN COFFEE SHOPS.
UM, SO ARE YOU INTERESTED IN HAVING, UH, MORE INFORMATION REGARDING THE PARKING? WELL, I, I, I GUESS WITHIN THE SCOPE OF AN INCIDENTAL PARKING OR INCIDENTAL, UM, SEATING, UH, APP OR DINING, INCIDENTAL DINING SPECIAL PERMIT, UM, IS THAT AN APPROPRIATE THING TO REQUEST? I I AN ADDITIONAL, UH, SOME ADDITIONAL PARKING STUDIES? SO, LEMME PUT IT THIS WAY, I'M NOT CONVINCED THAT IT WON'T MAKE AN IMPACT.
SO ESPECIALLY GIVEN THE TIMING THAT THIS COULD HAVE BEEN, UM, YOU KNOW, PROPOSED AT THE TIME OF THE BAKERY, UM, YOU KNOW, AS YOU NOTED, IT'S POTENTIALLY SEGMENTED REVIEW.
UM, THE ORIGINAL APPLICATION WAS AN UNLISTED ACTION.
THIS, UH, UNLIST IS UNLISTED AS WELL.
SO, YOU KNOW, AND THE DECISION WAS MADE BASED UPON THERE WILL BE NO SEATS.
SO, SO I THINK AN OVERALL REVIEW OF SEEKER IS APPROPRIATE FOR EVERYTHING RIGHT TOGETHER.
SO IF THE BOARD WOULD LIKE THE APPLICANT TO, UM, YOU KNOW, CONDUCT FURTHER REVIEW, STUDY ON, UH, YOU KNOW, PERHAPS A WEEKEND OR WHATEVER DATES AND OR TIMES THAT THE BOARD WISHES, THE BOARD CAN CERTAINLY DIRECT THE APPLICANT TO DO THAT.
WE COULD FIND OUT WHAT THEIR TIMING MIGHT BE.
THIS PROJECT WOULD REQUIRE A PUBLIC HEARING.
UM, REGARDLESS, REGARDLESS, REGARDLESS.
SO, UM, YOU KNOW, IT MAY BE SOMETHING THAT IF THE BOARD SAYS, HEY, WE WANT INFORMATION ON, UH, A FRIDAY MORNING, SATURDAY MORNING AND SUNDAY MORNING, YOU KNOW, WHATEVER IT MIGHT BE, MIGHT ONLY BE ONE OF THOSE, BUT IT
[01:30:01]
WOULD GIVE THE APPLICANT SOME TIME PRIOR TO ANY PUBLIC HEARING, AND THEN THEY COULD SUBMIT THAT DOCUMENTATION, YOU KNOW, PRIOR TO IT COULD BE POSTED ON OUR WEBSITE SO THAT ANY MEMBERS OF THE PUBLIC THAT ARE INTERESTED IN TAKING A LOOK, YOU KNOW, HAVE THAT ABILITY AND THEN WE COULD HOLD THE PUBLIC HEARING.I MEAN, I, I'D BE INTERESTED IN SAYING, SEEING, SAY ANY DAY BETWEEN MONDAY AND THURSDAY, AND THEN ALSO SEEING FRIDAY, YOU KNOW, RECOGNIZING THAT MANY PEOPLE WORK FROM HOME ON FRIDAYS AND THEN ALSO A SATURDAY TO SEE THE IMPACT OF, UH, RESIDENTS POTENTIALLY STAYING OVER THE WEEKEND, UH, ON, ON PARKING.
AND I GUESS JUST UNDERSTAND, SO RIGHT NOW THEY DO NOT HAVE A SEATING CORRECT? WHEN, WHEN, WHEN WE APPROVED A PARKING REDUCTION.
THE APPLICANT PRESENTED THAT THERE WOULD NOT BE SEATING.
AND SO HOW DO THEY GO MAKE A DIFFERENCE? THEY DO NOT HAVE A SEATING SEATING BECAUSE PEOPLE SIT AT COFFEE SHOPS FOR EXTENDED PERIODS OF TIME.
IT'S AN INTENSITY OF THE USE IN THIS CASE.
HOW DO WE MAKE DIFFERENCE IF THEY GO OUT TOMORROW AND DO THE, FOR ME WOULD BE THE DIFFERENCE BETWEEN A FAST FOOD RESTAURANT AND A RESTAURANT IN TERMS OF PARKING, RIGHT? SO FAST FOOD RESTAURANT, I COULD, MIGHT PULL UP AND SAY, OH, THEY'RE GONNA BE OUT IN FIVE MINUTES, NO PROBLEM.
A SIT DOWN RESTAURANT, PEOPLE TEND TO STAY LONGER, WHICH MEANS YOU DON'T HAVE THAT CHANGEOVER IN PARKING.
THE WE ARE ASKING THEM TO DO THE SURVEY PARKING, YOU KNOW, AVAILABILITY SURVEY.
SO WITHOUT THE SITTING IN ADDED INTO IT, HOW DO THEY ASSESS THE, RIGHT.
SO IF WE HAVE AN ISSUE NOW THAT'S, AND I UNDERSTAND THEY CAN'T PROJECT, UM, SOMETHING THAT'S NOT THERE.
THAT'S WHAT NO, AND I, AND I GET THAT, BUT IF THERE'S AN ISSUE NOW, AT LEAST WE CAN HAVE A, I MEAN, THAT'S HOW WITH ANY SHOPPING CENTER WHERE WE HAVE APPLICATIONS IN FRONT OF US, WE ASK FOR PARKING STUDIES BASED ON EXISTING USE.
SO, BUT IT'S A, SUCH A SMALL, UH, UH, SOME OF PEOPLE, THOSE WHO ARE KIND OF REALLY, UH, IF, IF IT'S REALLY MAKE YOU THINK, IF IT'S GONNA MAKE A GENUINE DIFFERENCE, YES, I AGREE WITH YOU.
BUT IF THAT'S NOT THERE, THEY DO NOT HAVE CS AND THEN THEY GO DO, IT CAN BE CONDITIONED THAT IF IT IS GOING TO BE A MAJOR CHALLENGE OR COMPLAINT, THEN WELL, WE'RE NOT REQUIRED TO APPROVE THE, THE, THE PERMIT.
I MEAN, IT'S FINE IF, UH, IF, IF THE APPLICANT IS WILLING TO DO IT.
AND THE ONE THING I WOULD SUGGEST IS, UM, PERHAPS THE BOARD WOULD CONSIDER THE FACT THAT THEY DID ALREADY SUBMIT PREVIOUSLY A TUESDAY, A FULL DAY EVALUATION ON A SNOW DAY, AND IF THE BOARD, RIGHT.
SO PRESUMABLY THERE WOULD BE, YOU KNOW, IF YOU DID A FRIDAY MORNING OR A FRIDAY THROUGH THE DAY AND THEN A WEEKEND DAY JUST BECAUSE OF THE POTENTIAL FOR THERE TO BE SOMETHING DIFFERENT WITH RESPECT TO THE PARKING IN THE REAR.
DO YOU THINK THAT WOULD BE SUFFICIENT? I'M SORRY, SAY THAT AGAIN? A FRIDAY DAY AND THEN A SATURDAY? SURE.
SINCE WE ALREADY THINK YOU ALSO NEED TO, I THINK, DISCUSS THE CHANGE IN USE.
SO MAYBE SOME DATA COMPARABLE TO, UM, A BAKERY WITH DINING VERSUS A BAKERY THAT'S STRICTLY TAKEOUT FROM, I DON'T KNOW, THAT'S, SO I CAN SEE WHEN YOU'RE DOING A CHICK-FIL-A OR YOU'RE DOING A, A CHAIN WHERE THEY HAVE THAT SORT OF HISTORICAL DATA, BUT I DON'T KNOW THAT WHERE WOULD, IF IT'S AVAILABLE, IF IT'S AVAILABLE, UM, MS. MS MAGNA, COULD YOU, UM, GIVE US SOME CONTEXT ON WHAT AN INCIDENTAL DINING SPECIAL PERMIT IS? SURE.
SO IT'S LIMITED TO EIGHT SEATS OR LESS, UM, TYPICALLY ASSOCIATED WITH A ICE CREAM STAND, BAKERY, DELI, UM, OR PIZZA.
AND, AND SO LOOKING AT THE PLANS, IT LOOKS LIKE THERE'S FOUR TABLES EACH WITH TWO SEATS, CORRECT? UM, THE TWO TABLE, THE THREE TABLES ALONG, UM, THE, THE LONG WALL, I'LL CALL, IT LOOKS LIKE THERE WOULD BE ROOM FOR, FOR A THIRD SEAT, UM, ON THE EXPOSED END, YOU KNOW, IF, IF THE APPLICANT WERE TO HAVE, UM, SAY 11 SEATS AND, AND THEY WERE TO REQUEST 11 SEATS, WHAT WOULD THAT MEAN TOWARDS THE, THE PERMIT THAT WOULD BE REQUESTED? IT WOULD NO LONGER BE INCIDENTAL DINING.
AND, AND SO WHAT WOULD THAT PROCESS LOOK LIKE? IT WOULD BE A DIFFERENT SPECIAL PERMIT.
UH, IS THAT WHAT WE'RE IT'D BE A RESTAURANT SPECIAL PERMIT AND IT WOULD ALSO IMPACT THE OVERALL OFF STREET PARKING REQUIREMENTS? CORRECT.
BECAUSE THEY ARE DIFFERENT, UH, FOR INCIDENTAL DINING VERSUS RESTAURANT USE.
SO IF THEY ARE ONLY APPLYING FOR THE INCIDENTAL DINING, IF THEY WERE ULTIMATELY APPROVED AND THEN LATER FOUND BASED ON AN INSPECTION, OR, YOU KNOW, SOMEONE PHONING IN THAT DAY, THERE HAPPENS TO BE 11 SEATS THERE,
[01:35:01]
BUILDING INSPECTOR OR CODE ENFORCEMENT OFFICER COULD ENFORCE THE FACT THAT IT'S INCIDENTAL.SO I GUESS MS. MS. FERNANDEZ, WHERE, HOW DID THE APPLICANT DECIDE ON EIGHT SEATS WHEN IT LOOKS LIKE, UM, THERE, THERE ARE ROOM FOR ADDITIONAL SEATS I POTENTIALLY ANSWER ANSWERED.
I THINK WE JUST WANTED TO APPLY FOR THE INCIDENTAL SPECIAL FINDING PERMIT AND THE MAXIMUM WAS OKAY.
UH, I HAVE A QUESTION REGARDING, THERE IS A PLAN SHOWS A EXIT DOOR IN THE BACK 28 INCHES, AND I THINK IT SHOULD BE 36 INCHES, RIGHT? IF IT'S A EGRESS, RIGHT.
SECOND MEANS OF EGRESS ON THE PLANT.
SO DOES IT COMPLY? UM, IT, IT SHOULD I HAVE IT ON THE TABLE HERE? UM, FORGIVE ME, I JUST, I JUST PARTIALLY HELPED WITH THIS PROJECT, SO, BUT EVERYTHING SHOULD BE IN COMPLIANT WITH OUR, UM, EMERGENCY EGRESS.
UM, YEAH, JUST CAN YOU JUST REVIEW THAT AND REPORT BACK TO THE BOARD? YES, CORRECT.
WHAT YOU COULD JUST, WHERE'S THAT, WHERE'S THE SECOND 28TH AT THE BACK? SO I THINK THAT'S ACTUALLY OUTSIDE THE MM-HMM
I THINK THAT, I THINK THE, THAT'S THE, THE DOOR TO THE, UM, THE, THE UNITS ABOVE.
SO JUST REPORT BACK TO THE BOARD ON, ON THAT, ENSURING THAT THAT'S, UM, COMPLIANT, PLEASE.
AND IT SOUNDS LIKE THE BOARD HAS ASKED FOR A FURTHER EVALUATION OF OFF STREET PARKING AND ON-STREET PARKING AVAILABILITY, BOTH SIMILAR TO WHAT WAS DONE IN FEBRUARY, BUT FOR A FULL DAY FRIDAY AND A FULL DAY SATURDAY AHEAD OF ANY PUBLIC HEARING ON THIS MATTER.
UH, WHICH WOULD BE, IF WE WERE TO SCHEDULE IT NOVEMBER 5TH OR SO, IF THE BOARD WERE TO SCHEDULE THIS FOR A PUBLIC HEARING,
NOW, IF THE BOARD WAS TO SCHEDULE THIS FOR NOVEMBER 5TH, DO YOU FEEL THAT THERE'S SUFFICIENT TIME TO GET THAT PARKING, UM, ANALYSIS DONE AND SUBMITTED BY A WEEK PRIOR TO NOVEMBER 5TH? I GUESS THAT'S OCTOBER 29TH, TWO WEEKS FROM THIS EVENING? UH, YES.
DOES THE BOARD SEEK TO DESIRE TO PUT THIS ON FOR A PUBLIC HEARING? BECAUSE THEN WE WOULD'VE TO PREPARE THE NOTICE? SURE.
SO YOU DON'T HAVE TO MAKE A MOTION OR ANYTHING LIKE THAT.
SO THE BOARD IS SCHEDULING THIS FOR A PUBLIC HEARING ON, UH, NOVEMBER 5TH.
AND WE ASK THAT THE RESPONSE RELATED TO THE REAR DOOR, AS WELL AS THE, UH, ADDITIONAL PARKING ANALYSIS BE SUBMITTED BY NO LATER THAN OCTOBER 29TH, UH, WITH RESPECT TO THE PUBLIC HEARING, UM, NOTICING AND SIGNAGE REQUIREMENTS.
YOU'LL GET AN EMAIL FROM OUR OFFICE WITH INSTRUCTIONS.
UM, WE'RE GONNA GO INTO, UM, FIVE MINUTE RECESS, AND THEN WE'RE GOING TO GO INTO
WELCOME TO THE OCTOBER 15TH, 2025 TOWN OF GREENBURG PLANNING BOARD MEETING.
WE ARE NOW GOING INTO PUBLIC HEARING.
MS. MOYER HERE NOTE FOR THE RECORD THAT BOARD MEMBERS JOHANN SNAGS AND EDWIN WEINBERG ARE NOT PRESENT AS WELL.
OUR ALTERNATE MEMBER, MS. ANDERSON, IS NOT PRESENT.
THE FIRST KICKS UP FOR A PUBLIC HEARING IS CASE NUMBER PB 25 16 HUNG AT FOUR 14
[01:40:01]
CENTRAL PARK AVENUE.THIS IS A PLANNING BOARD STEEP SLOPE PERMIT, AND IT'S A CONTINUED PUBLIC HEARING FROM SEPTEMBER 29TH, 2025.
UH, MEMBER OF THE BOARD, ELLIOT CSOR, UH, FOR ENGINEER, SURVEYOR FOR THE APPLICANT.
CAN YOU JUST SPEAK INTO THE MIC? IT'S NOT SORRY.
UH, ENGINEER SURVEYOR FOR THE APPLICANT.
UM, I JUST WANTED TO, UH, GO OVER A FEW CHANGES THAT, THAT WE DID TO THE PLANS, UM, FIRST SO I CAN BRING THEM UP.
I CAN BRING THEM UP ON THE OVERHEAD.
UM, SO THE TWO CHANGES THAT WE MADE ESSENTIALLY WAS ONE, UH, WE WERE PROPOSING A FOUR FOOT BLACK VINYL CHAIN LINK FENCE ALONG THE CONTIGUOUS PROPERTY, UH, WITH THE GAS STATION, UH, THAT BLOCK WALL THAT THE NEIGHBOR HAD TALKED ABOUT, UH, PROTECTING AT THE LAST MEETING.
UH, THE FOUR FOOT HIGH CHAIN LINK FENCE IS TO PROTECT US FROM DAMAGING THE WALL.
UH, WE ALSO, UH, THERE WAS ALSO DISCUSSIONS OR QUESTIONS ABOUT GROUND COVER.
SO WE HAD, UH, RESEARCH, DID A LITTLE RESEARCH AND HAVE FOUND A STEEP SLOPE SEED MIX, UH, FROM ERNST SEEDS.
UH, IT'S A, UM, WILDFLOWER TYPE, UH, SEED MIX.
UH, IT'S A, UM, PERPETUAL, SO IT'S SELF PROPAGATING, UH, TO BE PLANTED ON, CERTAINLY ABOVE THE, ABOVE THE WALL.
UM, AND ALONG THE SIDE OF THE PROPERTY, UH, WE DO SHOW A CONSTRUCTION ENTRANCE, UM, ON THAT SIDE.
UH, ONCE THE UH, WORK IS COMPLETED, UH, WE WILL PLANT IT WITH A SEED MIX, UH, THE NEIGHBOR, UM, TO THE RIGHT OR TO THE SOUTH.
IT ALSO SUGGESTED THAT WE TALK TO THE PEOPLE ON THE LEFT SIDE OR TO THE NORTH.
UM, WE DID CONTACT THEM AT THE, AT, UH, HE GAVE US THEIR PHONE NUMBER.
UH, THEY ARE AMENABLE TO, UM, LETTING US USE THAT PROPERTY FOR ACCESS IN OUR DISCUSSIONS.
THEY WERE WORRIED ABOUT, UH, DAMAGE THEIR, TO THEIR, UM, UH, PARKING LOT AND BLOCKING ACCESS TO THEIR, THEIR PARKING SPACES FOR THEIR RETAIL STORES.
UM, I HAD SAID THAT WE CAN PROBABLY JUST COME FROM CENTRAL AVENUE UP ALONG THE PROPERTY LINE.
THERE'S ONE TREE THAT, THAT IS NOT GREAT.
I'M NOT AN ARBOR, SO, BUT IT'S SORT OF LEANING.
IT SORT OF MUST HAVE BLOWN OVER AND THEN GREW UP STRAIGHT.
SO IT'S SORT OF HAS SOME FUNNY SHAPE TO IT, WHICH IF ANYBODY, WE CAN REPLACE.
UM, SO THAT DISCUSSION IS ONGOING.
OR ONE OF THE THINGS THAT THEY REQUESTED FROM US, WELL, FIRST OF ALL, IT'S A, IT'S A GROUP OF PARTNERS, SO THERE'S MANY PEOPLE INVOLVED IN THAT.
BUT ONE OF THE THINGS THEY WANTED FROM US IN ORDER TO, UM, MOVE FORWARD IS THEY WANTED A PERMIT NUMBER, A CONTRACTOR, CONTRACTOR'S, INSURANCE, LIABILITY INSURANCE, ET CETERA, WHICH AT THIS TIME WE'RE NOT, UH, WE DON'T HAVE THE ABILITY TO PROVIDE BECAUSE WE DON'T HAVE A, A BUILDING PERMIT OR CONTRACTOR SELECTED YET.
UM, SO THAT IS ONGOING AND I, I DON'T WANT IT TO HOLD UP OUR APPROVAL OF, OF THE WALL.
UM, I THINK THAT IS ABOUT AS FAR AS I NEED TO GO ON OUR REVISIONS.
IS IT TRUE THAT, UM, YOU NEED TO OBTAIN AN APPROVAL IN ORDER TO MOVE FORWARD WITH CURING VARIOUS VIOLATIONS AND MOVING FORWARD WITH, UM, OBTAINING A BUILDING PERMIT TO GET A CHANGE IN USE TO OPEN UP? RIGHT.
SO, SO AS, AS YOU'RE ALLUDING, IS THAT, UM, BECAUSE THERE'S A VIOLATION ON THE OUTSIDE, WE CAN'T OBTAIN ANY OTHER PERMITS UNTIL THAT VIOLATION IS CURED.
UH, ONCE WE GET AN APPROVAL, UM, I THINK WE CAN DO A SIMULTANEOUSLY, UH, YOU KNOW, APPLY FOR A RENOVATION AS WELL AS FOR THE CONSTRUCTION OF THE WALL AT THE SAME TIME TO, UH, TO FINISH OUR RENOVATION.
ONLY OTHER COMMENT THAT I HAVE IS, THERE WAS A QUESTION LAST TIME ABOUT THE POTENTIAL FOR SOME SORT OF STAIR, UH, TO ACCESS THE UPPER AREA FOR MAINTENANCE.
HAS THAT BEEN CONSIDERED? UM, YEAH.
WE DIDN'T ADD THAT, UH, FOR TWO REASONS.
ONE IS THE, THE WALL ON THE END IS ONLY ABOUT FIVE FEET TALL.
AND THEN BECAUSE WE WERE ADDING THIS, UH, PERENNIAL SEED MIX, UH, THERE'S NO REAL REASON TO GO UP THERE TO DO ANY MAINTENANCE.
AT THE TIME WE WERE, I THINK WE WERE THINKING THAT THERE WAS GONNA BE MAINTENANCE OR, UH, LAWN CUTTING OR, OR SOMETHING LIKE THAT.
[01:45:01]
BUT ONCE WE PLANT THE PERENNIAL SEED MIX, I DON'T THINK THAT WE NEEDED NECESSARILY HAVE AN EASY ACCESS.YOU COULD ALWAYS PUT A LADDER AGAINST THE WALL AND CLIMB UP IT TO GET THERE.
UM, PROBABLY LESS REGULAR MAINTENANCE, BUT, YOU KNOW, IF THE AREA STARTED BEING OVERRUN BY INVASIVES YEAH.
BUT, SO THAT, THAT POINT YOU PUT A LADDER, YOU KNOW, A SHORT LADDER UP AGAINST THE WALL AND YOU CAN GET UP THERE.
SO WOULD THERE, AND THIS IS ULTIMATELY UP TO THE BOARD, BUT WOULD THE APPLICANT BE AGREEABLE TO PERHAPS A CONDITION OF APPROVAL THAT THE AREA BE MAINTAINED AS NECESSARY TO PREVENT, I THINK, UH, INVASIVE GROWTH? YEAH.
I THINK THE PROPERTY MAINTENANCE, UH, CODE REQUIRES THAT, BUT CERTAINLY WE DON'T HAVE A PROBLEM WITH THAT TYPE OF CONDITION.
I THINK IT WOULD GO BEYOND BECAUSE YEAH, OTHERWISE WE WOULDN'T HAVE ANY INVASIVE TREES RIGHT.
AND WE HAVE PLENTY OF, AND, AND, AND WHILE I, I'M SURE THE WILDFLOWERS ARE MUCH LESS HIGH MAINTENANCE THEN LET'S SAY A ROSE BUSH OR SOMETHING, DON'T TAKE IT FOR GRANTED THAT YOU DON'T HAVE TO.
WELL, LIKE I SAID THE LAST TIME, YOU KNOW, A WEED IS JUST SOMEBODY'S INTERPRETATION OF A PLANT.
THEY DON'T WANT, YOU KNOW, SO ONE DEFINITION.
SO, UM, YOU PUTTING THIS WALL AND WHAT, FIVE FEET AWAY FROM PROPERTY LINE? UM, IN THE BACK? WELL, IT VARIES BECAUSE THE LINE IS ON A, YEAH.
AND, AND, UH, AND OUR WALL IS MORE PARALLEL TO THE, SO WHAT'S THE AVERAGE? UM, WHAT'S THE AVERAGE? I WOULD SAY IT'S, UM, 10 FEET ON THE, ON THE NARROW SIDE, 10 FEET ON THE NARROW SIDE AND MORE ON THE OTHER SIDE.
YEAH, THE SCALE OF THE PLAN IS ABOUT ONE INCH EQUALS 10.
AND SO THE LEFT SIDE IS AT LEAST THE, WELL, I MEAN THE ALL OFFSET TO THE LEFT SIDE IS 30, IS A LITTLE OVER 30 FEET.
AND I THINK THE WALL IS ABOUT 20 FEET FROM THE, FROM THE BUILDING.
SO THAT WOULD PUT ABOUT 10 FEET FROM THE PROPERTY LINE ON THE NARROW SIDE.
THE OTHER SIDE, IT'S, IT'S WIDER AND IT'S, IT PRETTY MUCH FLAT BE BEYOND THE WALL OR ITSELF ALSO BEYOND THE WALL IS STILL GONNA BE A SLOPE.
BUT YOU ARE REGROUP IN FRONT OF THE, THE WALL? YEAH, WE'RE ADDING, WELL 'CAUSE WE BUILD UP THE WALL WHERE WE'RE FLATTENING THE, WE'RE FLATTENING IT, BUT IT'S NOT FLAT.
YOU, YOU HAVE THE 2 64 AND THE 2 66 6 6 CONTOUR THERE.
MY, MY, THE QUESTION I WAS ALLUDING WAS THAT, WHY DIDN'T YOU MAKE IT A, THE, THE WALL WOULD BE AT YOUR, AT YOUR PROPERTY LINE SO THAT YOU DO NOT HAVE, BECAUSE THE WALL WOULD BE, YOU DON'T HAVE ALL THESE QUESTIONS ABOUT THE, WELL, WELL THE WALL WOULD END UP BEING MUCH HIGHER BECAUSE THE PROPERTY LINE IS A 2 68 ELEVATION AND OUR GROUND IS AT 2 56.
SO THAT'S ABOUT, UH, 12 OR 13 FOOT HIGH WALL AT THE PROPERTY LINE ON THE HIGH SIDE.
UM, THAT'S AN EXPENSIVE, MUCH, MUCH BIGGER WALL, MUCH BIGGER CONSTRUCTION.
BUT YOU GOT EXTRA SPACE FOR, UH, IT'S UNUSABLE SPACE THE WAY IT IS.
AND THEN IF YOU'RE GONNA PUT THIS, UH, FOUR FEET, UH, CHAIN LINK FENCE MM-HMM
UH, THAT'S GONNA BE PERMANENT.
COULD YOU PUT A GATE OR SOMETHING? SO LIKE WHAT, WHAT YOU'RE SAYING? WELL, NO, THE, IT'S ALONG, IT'S ALONG THE PROPERTY LINE.
SO THERE'S NO CROSSING THE PROPERTY.
THERE'S NO NEED FOR A GATE? NO, NO.
TO GO MAINTAIN THE AREA BEHIND THE FENCE.
AARON, COULD, COULD YOU SHOW ON THE MAP ON THE GLAN WHERE THIS FENCE WOULD BE? THE CHAIN LINK FENCE WOULD, SO I DON'T IF YOU COULD SEE THIS BEHIND YOU, BUT THE CHAIN LINK FENCE IS ALONG, IS ALONG THIS PROPERTY LINE HERE.
ARE YOU SAYING THE SPACE BETWEEN THAT ONE? THE FENCE? I THINK YOU'RE SHOWING A CHAIN LINK FENCE ABOVE THE WALL.
UP TOP? YEAH, ACROSS THE BACK.
NO, IT, IT ENDS, IT ENDS RIGHT HERE.
THE CHAIN LINK, IT ENDS AT THE WALL, ESSENTIALLY.
OH, SO THERE IS NO CHAIN LINK? NO, THERE'S NO CHAIN LINK ACROSS THE BACK.
AND YOU SAID THAT'D BE PERMANENT.
SO THAT'S NOT A CONSTRUCTION FENCE.
THAT'S A PERMANENT FENCE CHAIN LINK.
UH, BLACK VINYL CLA CHAIN LINK FENCE.
THERE WAS SOME SECTION WAS SHOWING IT THERE, SOME CHAIN FENCE, BUT OKAY, YOU ANSWER, 'CAUSE THERE WAS A RETAINING WALL PROFILE AND THERE WAS A CHAIN LINK FENCE, FOUR FEET HIGH.
OH, UM, SECTION, SECTION ONE ONE.
I DO, I AM TAKING A LOOK AT THAT NOW.
YEAH, THAT IT DOES SHOW IT THERE.
THAT'S A FALL PROTECTION FENCE.
UM, THE, I STAND CORRECTED ON THAT, UH, LOCATION, BUT WE COULD PUT A GATE IN THAT FENCE ABOVE A WALL.
UH, THAT'S MORE OF A FALL PROTECTION.
THEORETICALLY THE AREA BEHIND IS NOT A, IS NOT A WALKING SURFACE.
WE DON'T NECESSARILY NEED THE FALL PROTECTION, BUT
[01:50:01]
JUST IN CASE WE CAN, THERE WAS A COMMENT MADE AT THE LAST MEETING.SO IT SOUNDS LIKE, SO THE QUESTION WAS THAT THE GATE IN, IN, IN THE, UH, UH, TO MAINTAIN THE PROPERTY BEHIND? YEAH, WE'LL PUT A, WE'LL PUT A GATE IN THAT.
BUT, BUT SO WALK, WALK ME THROUGH THAT.
SO THERE'S A GATE IN THE FENCE ON THE TOP OF THE WALL.
UH, THE, THE REAR WOULD BE ACCESSED BY A LADDER.
SO LIKE HOW, HOW WOULD THE GATE BE UNLATCHED FROM, FROM A LADDER? WOULD THE, WOULD THE LATCH BE AT THE BOTTOM OF THE GATE OR NO? WELL, BASICALLY THE, THE, THE STONES AT THE TOP OF THE WALL ARE ABOUT 28 TO 30 INCHES DEEP.
SO THE FENCE IS SHOWN BEHIND THAT.
SO YOU'D GET ONTO THE LADDER, YOU STAND ON THE WALL, STAY ON THE WALL, AND YOU OPEN THE GATE AND THE GATE WOULD OPEN OUT INTO THE SLOPE.
IT COULD OPEN EITHER WAY, BUT YOU COULD STAND ON THE SIDE AND OPEN IT.
SO THERE'S NO ACCESS TO THE SLOPE FROM AROUND THE SIDE THEN? NO, NO.
WELL, WE'RE NOT, WE'RE NOT CUTTING OFF ACCESS TO THE TOP OF THE SLOPE FROM EITHER SIDE.
WE'RE NOT FENCING IN OUR WHOLE PROPERTY.
SO I EITHER HE TOOK A FENCE OR HE, HE MIGHT NOT NEED A FENCE.
WELL I'M, AND IF YOU, IF YOU'RE GONNA PUT THEN PUT A GATE.
YEAH, I, YEAH, I MEAN, SO DOES, WOULD THE BOARD PREFER A FENCE ON TOP? THE APPLICANT DID RESPOND THAT IT'S NOT, IT'S NOT NECESS, IT'S NOT NECESSARY BECAUSE IT'S NOT A WALKING SURFACE.
AND IT'S NOT A BIG ENOUGH, SO ANYBODY'S GOING TO BE GOING UP THERE AND, BUT IT, IT WAS BROUGHT UP LAST TIME.
JUST SO I'M CLEAR, WITHOUT THE FENCE, YOU CAN GO UP TO WHERE THE WILDFLOWERS ARE, BUT YOU WILL ALSO HAVE ACCESS TO THAT BACK PORTION.
SHOULD SOME TRASH HAPPEN TO GET BACK THERE OR SOMETHING? YES.
IF, UH, CAN WE SPEAK INTO THE MIC SO WE CAN ALL HAVE IT? SORRY, I THOUGHT IT WAS TOWN CODE.
IF THE WALL'S FOREFOOT, YOU HAVE TO HAVE A FENCE.
IF IT'S, I I I THINK THE STATE CODE IS THAT IF IT'S A WALKING SURFACE OR HIGHER THAN 30 INCHES, YOU NEED A, A FALL BARRIER.
YEAH, WE CAN DOUBLE CHECK WITH OUR BUILDING INSPECTOR'S OFFICE.
TO VERIFY, I MEAN IT SOUNDS LIKE THE APPLICANT OR THE REPRESENTATIVE ON BEHALF OF THE APPLICANT'S AGREEABLE TO EITHER.
YEAH, IF IT'S A MANDATE, THEY'LL DO IT.
IF, UH, IT'S NOT, THEN YOU SAID THE WALL IS 30 INCHES, BUT TWO AND A HALF FEET, 30 INCHES DEEP DEPTH, DEPTH, NOT HIGH
BUT SO IF I'M GETTING ON A LADDER, I THEN HAVE, I THEN HAVE TWO AND A HALF FEET TO STAND ON.
TO THEN MANEUVER, UH, A GATE THAT, THAT MIGHT OPEN OUT OR WOULD OPEN.
WELL IT CAN'T REALLY OPEN INTO THE HILLSIDE BECAUSE WE'RE NOT FLAT.
SO THAT, THAT SOUNDS I THOUGHT WE WERE NIXING THE GATE.
WHAT? I THINK EITHER WE NIX THE FENCE.
THE, THE GATE IS A FUNCTION OF THE, THE, BUT THEN, UH, TO, UM, MS. MOORE'S POINT, SHE WAS SAYING THAT WE NEED TO CHECK WHETHER OR NOT A FOUR FOOT HIGH FENCE, UM, FOUR FOOT HIGH WALL.
SO IT'S, IT'S ONLY IF IT HAS A WALKING SURFACE.
IT IS YOU BEAR VERIFY IT'S ONLY YES, I, OKAY.
I JUST WANNA GO BACK TO, IT'S NOT REQUIRED.
SO 30 INCHES IS NOT CONSIDERED? NO, IT'S THE AREA BEHIND IT IS NOT A WALKING SURFACE.
I SEE A YARD, A PATIO, PAVEMENT, WALKWAY, WALKWAY, SIDEWALK.
I WILL NOTE THOUGH, HOWEVER, SOMETIMES IT IS RECOMMENDED BY BUILDING DEPARTMENT TO INCLUDE A FENCE AND IT WASN'T IN THIS CASE.
SO DOES, DOES THE BOARD'S PREFERENCE TO REMOVE IT? YEAH.
I THINK IT'S TO YOU SAID TO REMOVE THE FENCE? YES.
FROM THE TOP THE WALL, NOT THE SOUTH SIDE.
SO THE APPLICANT'S REPRESENTATIVES AGREEABLE WITH THAT.
UM, ANY OTHER QUESTIONS FROM THE BOARD? 'CAUSE WE DO HAVE TWO OTHER BIG PROBLEMS. I JUST WANTED CLARIFY.
WE HAVE A MEMBER OF THE PUBLIC A POINT FROM BEFORE, SO THERE WAS A DISCUSSION ABOUT THE WILDFLOWER MIX AND THE PROPERTY MAINTENANCE CODE.
UM, WITH WILDFLOWER MIXES, IT'S UP TO INTERPRETATION SOMETIMES AS TO WHETHER IT'S A WEED OR NOT.
SO INCLUDING SOMETHING ABOUT MAINTENANCE WOULD, UM, BE, UM, YEAH, WE SPECIFIED A, UH, SEED MIX AND A PRODUCT NUMBER FROM EARNED SEED.
SO, UM, I THINK THAT WAS REVIEWED BY, UH, IT WAS BY THE DEPARTMENT.
UM, SO I LOVE TO KNOW IF WE HAVE YEAH.
UM, WE'RE GONNA OPEN IT UP TO THE PUBLIC, BUT ALSO I WANTED TO STATE ON THE RECORD, I'M SORRY.
THAT THERE, UM, AT THE LAST MEETING, AT THE LAST PUBLIC HEARING, THERE WERE COMMENTS FROM A MEMBER OF THE PUBLIC AND THERE WAS A REQUEST FOR COMMENTS TO BE SUBMITTED IN WRITING AND IN ENGINEERING LETTER TO BE, UH, PROVIDED THAT WAS PROVIDED, THAT WAS FORWARDED TO THE BOARD FOR ITS CONSIDERATION.
THAT WAS FORWARDED TO THE APPLICANT'S REPRESENTATIVE AND IT WAS FORWARDED TO THE TOWN ENGINEER.
[01:55:01]
AND I THINK WE DID RESPOND, WE DID SUBMIT A RESPONSE TO THAT LETTER AS WELL.UH, RIGHT IN YOUR COVER LETTER, JUST TO ABOUT THE DEFENSE, WHAT IS THE USE OF THE, UH, NAB UH, THE NEIGHBOR BEHIND THAT PROPERTY? IS IT SOMEBODY, OH, THAT'S THE, UM, GARDEN APARTMENTS AT THE TOP OF THE HILL AND THEY CAN COME ACCESS TO, THEY HAVE NO, IT'S, THERE'S NO REAL, I MEAN, DO THEY HAVE FENCE TO SEPARATING FROM YOUR PROPERTY? NO, THERE'S NO, UH, THERE'S NO FENCE AT THE PROPERTY LINE.
ISN'T 50 FEET HIGH, ISN'T THAT? YEAH.
SO NO, NO KIDS OR NO, NOBODY WOULD BE GOING THERE.
KIDS CAN DO ANYTHING THEY WANT, YOU KNOW.
BUT THEY GENERALLY DON'T COME.
WE'D LIKE TO HEAR FROM THE PUBLIC, ANYONE FROM THE PUBLIC THAT WISHES TO SPEAK ON THIS PROJECT.
REGARDING THIS PROJECT, UH, UM, PLEASE KEEP IN MIND THAT THIS PROJECT IS RELATED TO A PLANNING BOARD STEEP SLOPE PERMIT.
I HAVE DEMENTIA, I HAVE HEARING LOSS.
WHAT HAPPENED HERE TONIGHT? MOST OF IT WAS UNINTELLIGIBLE TO ME.
THE ENGINEER HAD TO COME IN BECAUSE HE COULDN'T HEAR IT.
FOR THE PUBLIC RECORD, AMERICANS WITH DISABILITY ACT REQUIRES THAT YOU MAKE IT AVAILABLE TO ME.
SO THAT MEANS YOU HAVE A MICROPHONE HANGING HERE BECAUSE IF YOU TALK THIS WAY, THE MICROPHONE HAS TO BE IN FRONT OF YOU.
SO MY COMMENTS TODAY ARE ABOUT PROCESS.
YOU FAILED IN YOUR RESPONSIBILITY TO INFORM THE PUBLIC.
ARE YOU TALKING OR AM I TALKING? I'M TALKING TO YOU BECAUSE NO, YOU CAN'T, IT'S NOT RELEVANT TO THIS APPLICATION.
IF YOU HAVE THOSE COMMENTS, YOU CAN BRING 'EM UP TO THE TOWN BOARD WHEN YOU HAVE FIVE MINUTES WITH THE PUBLIC COMMENT.
YOU MAKE UP THE RULES FOR YOURSELF AND THE PUBLIC.
THIS IS THE PLANNING BOARD MEETING, NOT PLANNING THE TOWN BOARD MEETING.
AND WE REQUEST REQUESTED PUBLIC COMMENTS.
TWO 20 TO 20 TO THIS APPLICATION.
JUST STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE.
JOSEPH ER HUNG THE PROPERTY OWNER NEXT DOOR.
UM, YOU MENTIONED THE ENGINEER THAT I HAD SENT YOU, THE, THE, THE LETTERS AND EVERYTHING.
WE WERE ASKING THAT THE REAR OF MY WALL BE PINNED BECAUSE IT'S ALMOST SEVEN FEET HIGH AND THE EXCAVATION THEY'RE GONNA DO WAS TOTALLY GONNA UNDERMINE IT.
SO WE'RE AFRAID IT'S GONNA COLLAPSE WHEN THEY DO IT.
THE SECOND THING WAS TO USE MY SIDE FOR ACCESS.
I THINK IT'S IN THE LETTER THAT WE SENT YOU.
THEY ACTUALLY HAVE MORE ROOM ON THE OTHER SIDE THAN THEY DO ON MY SIDE.
'CAUSE WHEN HE GAVE YOU THE, UH, THE AREA THAT HE HAD, HE SAID EIGHT AND A HALF FEET.
HE DIDN'T TAKE INTO ACCOUNT THE METER THAT'S THERE.
THE GAS METER WITH THE CONES INSTALLED.
BOAR THAT CUTS IT DOWN TO UNDER SEVEN FEET.
BECAUSE IT WASN'T BROUGHT UP TONIGHT.
YOU CAN'T USE MY SITE FOR ACCESS.
THERE'S MORE ROOM ON THE SIDE.
WELL LET THE APPLICANT RESPOND TO THAT.
AND ALSO THE FACT THAT THERE'S A GAS METER, ELECTRIC METER, AND OVERHEAD WIRES.
'CAUSE IT DIDN'T COME UP TONIGHT.
RIGHT? IT WAS SUBMITTED INTO THE RECORD BECAUSE WE RECEIVED IT AND IT WAS FORWARDED TO THE BOARD.
SO I JUST QUICKLY NOTED THAT WHAT WAS RECEIVED WAS FORWARDED TO THE BOARD, TO THE, TO THE, UH, APPLICANT'S REPRESENTATIVE AND TO OUR TOWN ENGINEER.
AND I BELIEVE THE COMMENT ABOUT THE GAS WAS DISCUSSED AT THE LAST MEETING.
BUT WE'LL HAVE MR. CSOR RESPOND.
UM, YEAH, JUST A QUICK RESPONSE IS THAT, UH, SO THREE ITEMS, THE PINNING OF THE WALL UNDERPINNING THE ACCESS AND THE GAS AND ELECTRIC METERS.
AS FAR AS THE, UM, GAS AND ELECTRIC, THE ACTUAL DISTANCE IS ALMOST NINE FEET FROM THE BUILDING TO THE PROPERTY LINE.
YOU TAKE OUT THE GAS METER OF THE BOLLARDS.
HE HAS A MACHINE THAT WOULD BE ABLE TO BUILD THIS WALL.
IT'S ONLY SIX AND A HALF FEET WIDE.
UM, SO WE HAVE SPACE THAT THAT IS THERE.
SO DIDN'T YOU, IN YOUR LETTER YOU SAID SEVEN AND A HALF.
I THINK WE HAVE SEVEN AND A HALF FEET OF SPACE.
THE EQUIPMENT IS SIX AND A HALF FEET WIDE.
SO WHERE'S THE NINE COME INTO THIS? UH, HE SAID ALMOST NINE.
UM, WE ARE STILL, LIKE I SAID, WE ARE STILL TRYING TO NEGOTIATE WITH THE NEIGHBORING ON THE, ON THE, UH, NORTH SIDE, BUT UNTIL WE GET SOME SORT OF APPROVAL, WE CAN'T PROVIDE HIM WITH THE INFORMATION HE NEEDS IN ORDER TO DISCUSS WITH HIS PARTNERS TO ALLOW US THAT
[02:00:01]
ACCESS.OUR INTENTION IS TO FOLLOW THROUGH ON THAT.
IT WOULD CERTAINLY MAKE EVERYTHING A LOT EASIER, BUT, UH, IT'S NOT A GUARANTEE.
BEFORE WE MOVE ON TO THE NEXT POINT, THERE WAS, THERE WAS A COMMENT, UM, RELATED TO SHUTTING OFF THE GAS YEAH.
AND ELECTRIC, YOU KNOW, AT THE TIME OR PRIOR TO CONSTRUCTION MM-HMM
YEAH, WE'RE NOT WE, THAT, THAT I THINK IS PROBABLY A, UH, A GIVEN.
THAT'S NOT SOMETHING THAT WE, UH, SO IF WE, THE BOARD WAS TO CONDITION THAT.
UH, SHUTTING OFF OFF THE ELECTRICITY, DISCONNECTING THE ELECTRICITY I THINK IS A LITTLE BIT MORE DIFFICULT, BUT THAT'S A METER ATTACHED TO THE BUILDING.
IT'S NOT AS SUSCEPTIBLE TO DAMAGE.
AND THEN THE OTHER TWO, UH, THE, AS FAR AS THE WALL IN THE BACK AGAINST OUR PROPERTY AGAINST THE CONTIGUOUS PROPERTY, THE WALL IS ONLY ABOUT FIVE FEET TALL.
WE ARE NOT GOING DOWN ANY LOWER THAN THE NEIGHBORING PROPERTY.
UH, THIS, THIS TYPE OF WALL ONLY GOES DOWN ABOUT SIX INCHES BELOW EX UH, BELOW THE PROPOSED FINISHED GRADE.
UH, THAT FINISHED GRADE IS, UH, THE SAME ON THE CELLY SIDE OF THE PROPERTY LINE.
SO WE'RE NOT GONNA DAMAGE THE WALL OR, OR UNDER EXCAVATED OR CAUSE ANY DAMAGE.
AND I KNOW THE TOWNS BUREAU OF ENGINEERING ISSUED SOME COMMENTS.
DID THEY OPINE ON THAT MATTER? DO YOU RECALL? I DON'T RECALL THAT THEY TALKED ABOUT, UM, THE ORIGINAL, THE ORIGINAL ITEMS THAT WE SUBMITTED WERE ALL APPROVED BY THE ENGINEERING DEPARTMENT.
WHEN HE HAD SAID THAT WE HAD DONE EVERYTHING THAT I UNDERSTAND NEEDED TO, TO BE DONE UNDERSTAND, UM, WITH RESPECT TO THE STEEP SLOPE PERMIT, BUT OBVIOUSLY THAT OFFICE OVERSEES OTHER ITEMS. UM, I'M NOT SURE IF HE DID, IF THEY DID NOT.
YOU KNOW, TOWN STAFF IS HAPPY TO SPEAK DIRECTLY WITH THE TOWNS BUREAU OF ENGINEERING DETAILS ON THEIR PROFESSIONAL OPINION.
SO, UM, I MEAN WE CAN WORK OUT ANY ENGINEERING DETAILS THAT WE NEED TO WORK OUT WITH THE ENGINEERING DEPARTMENT.
WAS THERE A THIRD THING OR WAS THAT IT? THAT WAS THE THIRD.
NO, I THINK BUILDING HAD DISCUSSED LAST, YOU KNOW, REFERENCED LAST TIME THAT, UM, GAS SHOULD BE SHUT DOWN BEFORE ANY CONSTRUCTION BEGINS.
SO WOULD THE BOARD LIKE STAFF TO UM, SPEAK DIRECTLY WITH THE BUREAU OF ENGINEERING REGARDING THEIR OPINION ON WHETHER OR NOT THE ADJACENT WALL HAS TO BE UNDERPINNED? YES.
DID YOU SAY COMMENTS HAD ALREADY BEEN SUBMITTED OR COMMENTS ARE, ARE OUTSTANDING? THERE WERE, THERE WAS A, SOME COMMENTS THAT CAME IN FROM THE TOWN'S BUREAU OF ENGINEERING THIS AFTERNOON.
SOME OF WHICH
THAT'S AN ADMINISTRATIVE PERMIT THAT WOULD COME AFTER.
THE PLANNING BOARDS, UH, IF THE PLANNING BOARD APPROVED THE PROJECT.
BUT I DO WANT TO, I DON'T HAVE THEM IN FRONT OF ME.
AND IF THE 'CAUSE I DID FORWARD WHAT, UM, MR. FLINT AND MR. REVERSO SUBMITTED ONE OF THE COMMENTS OF WHICH WAS THAT THEY WOULD LIKE TO SEE THE WALL OR THE ENGINEER BELIEVES THAT THE WALL SHOULD BE UNDERPINNED.
UM, IF THE BOARD WOULD BENEFIT FROM ME SPEAKING WITH THE TOWNS BUREAU OF ENGINEERING SPECIFICALLY ABOUT THAT, I'M HAPPY TO DO SO.
AND THEN I CAN REPORT BACK TO ALL PARTIES.
DO YOU HAVE A PARTICULAR DATE? YEAH.
SO IF THE BOARD WERE TO CONSIDER CLOSING THE PUBLIC HEARING THIS EVENING, UH, TYPICALLY THE RECORDS LEFT OPEN FOR ONE WEEK, BUT WE DO HAVE AN EXTRA WEEK BETWEEN MEETINGS.
I WOULD RECOMMEND THAT THE BOARD CONSIDER LEAVING THE WRITTEN RECORD OPEN THROUGH MONDAY, OCTOBER 27TH.
IT DEPENDS HOW LONG IT TAKES FOR YOU TO GET ENGINEERING ANSWER BACK TO EVERYONE.
YEAH, I THINK WE CAN DO THAT WITHIN A WEEK.
AND THEN I THINK THE QUESTION FROM THE BOARD MEMBER RELATES TO ESSENTIALLY IF WE CAN GET FEEDBACK FROM THE TOWNS BUREAU OF ENGINEERING WITHIN A WEEK, IT STILL GIVES YOU AND YOUR ENGINEER TIME TO AS WELL AS THE APPLICANT TIME TO RESPOND FURTHER.
BECAUSE WE GOT THIS TODAY AT THREE O'CLOCK.
UM, OTHERWISE THE BOARD WOULD PUSH OFF, UM, YOU KNOW, AND COULD RETROACTIVELY EXTEND THE WRITTEN RECORD PERIOD.
I MEAN, IT HAS EVERY RIGHT TO, BUT, UH, I THINK ALTERNATIVELY THE BOARD COULD LEAVE THE WRITTEN RECORD OPEN THROUGH WEDNESDAY, OCTOBER 29TH.
[02:05:02]
THAT'S STILL WITHIN REASON.THAT WOULD BE A WEDNESDAY, TWO WEEKS FROM TONIGHT.
SO JUST TO REITERATE, YOU WILL ASK THE BUREAU OF ENGINEERING TO LOOK AT THE WALL THAT WILL PROBABLY HAPPEN WITHIN A WEEK MM-HMM
FOR THEIR RECOMMENDATIONS ON WHETHER OR NOT THIS NEEDS TO BE PINNED.
THAT INFORMATION WILL GO ABOVE TO THE APPLICANT AND TO THE APPLICANT'S NEIGHBOR.
WE WILL ALSO GET THAT INFORMATION CORRECT.
AND THEN WE WILL LEAVE THE WRITTEN RECORD OPEN, CLOSE THE PUBLIC CLEARING, LEAVE THE WRITTEN RECORD OPEN UNTIL OCTOBER 29TH, WEDNESDAY, OCTOBER 29TH.
AND THEN WITH ALL THAT SAID, UM, THE BOARD WOULD BE IN A POSITION TO CONSIDER A DECISION ON THE STEEP SLOPE PERMIT AT ITS NOVEMBER 5TH MEETING.
I WON'T, I WON'T BE HERE ON NOVEMBER.
OH, NO, THAT MEETING WAS CANCELED.
I HAD THOUGHT I HAD A SCARSDALE, UH, UH, APPLICATION THAT NIGHT, BUT NO, MR. ER, I JUST WANT TO GO BACK TO THE, TO THE, THE ACCESS.
I DON'T THINK YOU UNDERSTAND ON, THERE'S MORE ROOM ON THE LEFT SIDE THAN THERE IS THE RIGHT SIDE WHEN YOU TAKE INTO ACCOUNT HOW TO FIND CONCERN.
WELL, I USE THE RULER AND I CAME UP WITH SEVEN FEET ON MY SIDE AND SEVEN FEET, THREE INCHES ON THE OTHER SIDE.
AND ON THE OTHER SIDE, THERE'S NOTHING, THERE'S, THERE'S NO WALL TO WORRY ABOUT.
THERE'S NO, THERE'S NOTHING TO HIT.
THERE'S NO GAS METER, THERE'S NO ELECTRICAL WIRING, THERE'S NO ELECTRIC METER, THERE'S NOTHING.
IT'S WIDE OPEN ON THE LEFT SIDE.
AND IF LOOKING INTO IT FURTHER WITH MY ENGINEER, HE DOESN'T EVEN NEED THE PERMISSION OF THE, OF THE NEIGHBOR NEXT DOOR BECAUSE HE COULD USE THEIR OWN PROPERTY TO, TO ACCESS THE BACK.
THEY HAVE SEVEN FEET AND HE'S TELLING YOU WE ONLY NEED SIX AND A HALF FEET.
SO WHY WOULDN'T, WHY WOULDN'T YOU GO ON THE LEFT SIDE WHEN THERE'S NO UTILITIES OR ANYTHING ELSE TO WORRY ABOUT OR, OR SOMEBODY'S WALL THAT HIDDEN DAMAGE DOESN'T MAKE ANY SENSE.
WOULD YOU LIKE TO RESPOND TO THAT? UM, NO.
I STATED MY, MY OPINION, YOU KNOW, I'M NOT GONNA GO BACK AND FORTH, SO THE BOARD, BUT I THINK REGARDLESS OF THE PROJECT DETAILS REMAINS THE SAME.
WHETHER YOU ACCESS FROM RIGHT OR LEFT, WE HAVE NO PROBLEM WITH THE PROJECT.
IT'S JUST, JUST HOW IT'S GONNA BE DONE.
I, I THINK IT'S SO YOU CAN WORK IT OUT WITH, UH, WITH, WITH, UH, UH, UH, WITH THE ENGINEERS FROM THEIR SIDE AND, AND SAY THE, THEY THEY AGREE UP TO IT.
I THINK WE DON'T HAVE ANY, ANY BAD ISSUE WITH IT.
WOULD, UH, WOULD, WOULD THE PREFERABLE SIDE OF ACCESS ALSO BE SOMETHING THAT THE ENGINEERING DEPARTMENT COULD WEIGH IN ON? YES.
WE HAVEN'T RECEIVED ANY COMMENTS FROM EITHER BUILDING OR ENGINEERING ABOUT, UM, YOU KNOW, ACCESSING THE REAR.
BUT WE CAN CERTAINLY CHECK IN WITH EITHER DEPARTMENT.
SO AT THIS TIME, I THINK THAT WE NEED TO GO TO VOTE ON CLOSING EVERYTHING I SAID, CLOSING THE PUBLIC HEARING, UM, LEAVING THE WRITTEN RECORD OPEN TO, UM, OCTOBER 29TH.
AND THEN YOU JUST WANT TO CLOSE THE PUBLIC HEARING SESSION.
THE MEETING, YOU KNOW, THE OVERALL PUBLIC HEARING SESSION.
NEED A MOTION TO I, I MOVE TO CLOSE THE PUBLIC HEARING SESSION OF TONIGHT'S MEETING.
CLOSE THE PUBLIC HEARING SESSION OF TONIGHT'S MEETING.
YOU WANNA STAY, APPEAR OR DO WANNA VOTE? AYE I'D STAY UP HERE.
I JUST WANT TO ACTUALLY, I HAVE EVERYTHING.
SO WE'RE GONNA OPEN UP WORK SESSION.
WE SHOULD, DO THE PEOPLE COME TO SO THEY SHOULD, THEY HAVE
[02:10:01]
COME OUT SO THEY SHOULD, WE SHOULD TAKE THEM FIRST SO THEY CANWHAT DO YOU WANT DO HERE? FIRST BE NO TB 20, UM, 24 0 1 BMR ARDSLEY PARK, FOUR 10 THROUGH FOUR 60 SAWMILL RIVER ROAD TOWN BOARD SITE PLAN.
UH, WELL, IT'S A PLANNING BOARD STEEP SLOPE PERMIT REFERRAL FROM THE TOWN BOARD.
THIS IS A CONTINUED WORK SESSION FROM AUGUST 4TH, SEPTEMBER 17TH TO DISCUSS A SITE PLAN TOWN, UM, TO DISCUSS THE SITE PLAN STEEP SLOPE PERMIT VERY QUICKLY BEFORE COUNSEL BEGINS.
I JUST WANNA NOTE THAT WE DO HAVE TWO RELATIVELY LARGE PROJECTS ON, UH, TONIGHT.
AND I'M SORRY WE'RE RUNNING LATE, BUT THIS BOARD DOES CLOSE ITS MEETINGS AT 10 O'CLOCK OR SHORTLY THEREAFTER.
THEREFORE, I'M GOING TO, UM, ASK THAT WE KEEP BOTH PROJECTS LIMITED TO ABOUT 20 MINUTES.
SO IF YOU CAN PROVIDE UPDATES SINCE THE LAST MEETING, I KNOW THAT THERE WERE COMMENTS SUBMITTED, SOME SIDEWALKS.
WE CAN TALK ABOUT ALL THAT AND THEN, UH, THE BOARD WILL GIVE SOME DIRECTION AT THE END.
I'M, I'M THINKING ABOUT THE EIGHTIES, THE MICRO MACHINE COMMERCIALS, THE GUY THAT SPOKE REALLY FAST.
I'LL, I'LL TRY TO SPEAK AS FAST AS I CAN.
UM, FOR THE RECORD, JENNIFER GRAY, UH, FROM THE LAW FIRM OF KENA BEAN ON BEHALF OF THE APPLICANT, BIOMED REALTY.
I'M JOINED TONIGHT BY DIEGO VI FROM, UH, JMC, ALONG WITH PAUL EK, ALSO FROM, UH, JMC AND GEORGE RADOS FROM MY OFFICE.
ALSO WITH US ON ZOOM IS ETHAN WALSH FROM, UH, BIOMED.
UH, WE WERE LAST YEAR, SEPTEMBER 17TH.
UM, WE DID SUBMIT, UM, MORE RECENT SUBMISSION, UH, RESPONDING TO COMMENTS THAT WE RECEIVED FROM THE BOARD THAT NIGHT.
UM, AND ALSO SOME COMMENTS THAT WE RECEIVED FROM PLANNING BOARD MEMBERS IN ADVANCE OF OUR, OUR SUBMISSION DEADLINE AS RECOMMENDED AT THE LAST MEETING, WE ALSO DID PREPARE A SLIDE TO REVIEW WITH YOU TONIGHT.
UH, THAT GOES THROUGH SOME OF THE HISTORY OF THE REVIEW OF THE APPLICATION, UH, INCLUDING THE ADJUSTMENTS AND REFINEMENTS THAT HAVE BEEN MADE TO THE APPLICATION SINCE THE BEGINNING OF, OF THE REVIEW OF THE APPLICATION, WHICH, UM, SPANS SOME TIME AT THIS POINT.
UM, SO PAUL, IF YOU COULD PULL UP THAT SLIDE.
I'LL GO THROUGH THIS, UM, VERY QUICKLY, SKIPPING SOME OF THE, UH, THE, THE MORE OBVIOUS POINTS.
UM, JUST AS A QUICK SUMMARY OF THE HISTORY OF THE APPLICATION, WE ACTUALLY STARTED IN 2023 WITH A WORK, A PUBLIC WORK SESSION WITH THE TOWN BOARD.
UM, UH, THAT WAS IN SEPTEMBER.
AND AS A RESULT OF THAT WORK SESSION, WE ELIMINATED, AND THIS IS ONE OF THE, ONE OF THE MAJOR REFINEMENTS THAT WE MADE TO THE APPLICATION.
UH, SINCE ITS INITIAL INCEPTION, WE ELIMINATED THE LAST MILE, UH, FACILITY COMPONENT, UM, AS A POSSIBILITY.
UM, AFTER WE SUBMITTED OUR FORMAL APPLICATION, THE TOWN BOARD OBVIOUSLY CIRCULATED ITS NOTICE OF INTENT DECLARED ITSELF LEAD AGENCY FOR SECRET PURPOSES, AND REFERRED TO YOUR BOARD FOR YOUR ADVISORY RECOMMENDATION ON THE SITE PLAN.
UM, AFTER THAT HAPPENED, WE, WE BEGAN OUR COMMUNITY OUTREACH AND, AND, UH, DISCUSSIONS WITH, WITH NEIGHBORS.
WE'VE MET WITH THE LEY BOARD OF TRUSTEES.
WE'VE MET WITH, UH, THE MAYOR AND VILLAGE MANAGER AND IN THE VILLAGE OF HASTINGS.
WE HAVE A MEETING SCHEDULED WITH DOBBS FERRY FOR LATER THIS MONTH.
[02:15:01]
UM, AND WE'VE ALSO HAD DISCUSSIONS WITH, UH, OUR, SOME OF OUR IMMEDIATE NEIGHBORS, INCLUDING WESTCHESTER COUNTY, UH, THE OWNER OF THE LOFTS APARTMENT BUILDING ACROSS THE STREET, UH, AS WELL AS WESTCHESTER HILLS CEMETERY.AND I'LL ACKNOWLEDGE THAT OUR, OUR NEIGHBORS HERE FROM WESTCHESTER HILLS CEMETERY ARE HERE WITH US TONIGHT, AND WE'RE HAPPY TO SEE YOU.
UM, WE'VE HAD SOME, UH, PRODUCTIVE DISCUSSIONS AND WE HOPE TO CONTINUE THAT, THAT OPEN DIALOGUE WITH THE CEMETERY.
THIS IS THE THIRD TIME WE'VE BEEN HERE FOR A WORK SESSION WITH YOUR BOARD.
UM, AND SINCE THE LAST MEETING, AS YOU KNOW, WE HAD, UM, TWO SIDEWALKS, UH, WITH THE BOARD, UM, WHICH I HOPE WERE HELPFUL AND PRODUCTIVE.
UM, AND THAT'S ALL IN ADDITION TO RESPONDING TO MULTIPLE ROUNDS OF COMMENTS FROM WESTCHESTER COUNTY PLANNING AND FROM FROM YOUR STAFF AND CONSULTANTS AS WELL, INCLUDING KIMLEY, HORNE, JOHN CANNING.
SO, UM, THE REFINEMENTS AND, UM, PROJECT MODIFICATIONS.
SINCE ALL OF THIS STARTED BACK IN 2023, UH, LIKE I SAID, WE DID ELIMINATE THAT LAST MILE FACILITY OPTION.
UH, WE'VE COMMITTED TO CONTRIBUTING TO, UM, UH, IMPROVEMENTS AT THE LAWRENCE STREET INTERSECTION WITH SAWMILL RIVER ROAD.
UM, WE'VE INCLUDED MULTIPLE LAYERS OF, OF TRUCK ROUTE RESTRICTIONS, UH, INCLUDING, UM, UH, HAVING SPECIFIC LEASE PROVISIONS, UH, ROUTE, UM, UM, UH, TRUCK ROUTE, UH, UH, UM, ACCEPTED, YOU KNOW, CONDITION OF APPROVAL, UH, TO ENFORCE THOSE TRUCK ROUTE.
AND ALSO ENHANCED OUR SIGNAGE PACKAGE.
AND THAT'S SOMETHING THAT WE TALKED ABOUT AT THE LAST MEETING.
AND THAT WAS IN RESPONSE TO A COMMENT FROM JOHN CANNING AS WELL, TO HAVE BETTER SIGNAGE AT THE PROPERTY TO, UH, DIRECT TRUCKS TO THE APPROPRIATE LOCATION.
UM, WE'VE ALSO COMMITTED TO CONSTRUCTION OF A CROSSWALK ACROSS SOILL RIVER ROAD, UM, TO, AS WELL AS SIDEWALKS TO ACCESS THE BUS SHELTERS THAT ARE THERE.
ENHANCED FACADE IMPROVEMENTS, LANDSCAPE PLAN THAT GOES WELL ABOVE AND BEYOND, UH, THE CODE REQUIREMENTS.
AND THEN WHAT IS, UM, I THINK MIGHT BE OF PARTICULAR INTEREST, UH, TO THE BOARD IS WITH RESPECT TO SIDEWALKS.
UM, SINCE OUR LAST MEETING, WE'VE, WE'VE LOOKED FURTHER INTO SIDEWALKS.
WE HAD A DISCUSSION ABOUT THE POTENTIAL FOR A SIDEWALK AT THE FRONTAGE OF OUR PROPERTY, AND ALSO THE POTENTIAL FOR A SIDEWALK GOING FROM OUR PROPERTY NORTH TO, TO THE LAWRENCE STREET INTERSECTION.
AND AT THIS POINT, WE ARE PREPARED TO COMMIT.
WE ARE COMMITTING TO BUILDING A SIDEWALK IN FRONT OF OUR PROPERTY ALONG OUR FRONTAGE.
UM, THAT'S WHERE WE, WE OBVIOUSLY HAVE CONTROL OVER THAT PROPERTY.
UM, AND WE BELIEVE THAT WOULD BE THE MORE FEASIBLE SIDEWALK, AS YOU'LL NOTE IN OUR SUBMISSION MATERIALS.
ALTERNATIVELY, WE WOULD BE WILLING TO FURTHER EXPLORE A SIDEWALK TO THE NORTH IF THAT WAS, UH, THE PREFERENCE OF THE TOWN.
UM, BUT AS WE STAND HERE TODAY, WE ARE COMMITTED TO, UM, THE, THE SIDEWALK, UH, IN OUR, ON OUR FRONTAGE.
UM, SO GETTING INTO OUR SUBMISSION WITH RESPECT TO THE LANDSCAPE PLAN, UH, THERE WAS A COMMENT AT THE LAST MEETING REQUESTING THAT WE DIVERSIFY THE PROPOSED SPECIES IN OUR LANDSCAPE PLAN.
WE REDUCED THE NUMBER OF RED MAPLES THAT ARE PROPOSED.
WE ALSO CALCULATED THE NUMBER OF INVASIVE SPECIES THAT ARE PROPOSED, UH, TO BE REMOVED.
AND THAT OF THE 297 TREES THAT ARE PROPOSED TO BE REMOVED FROM THE SITE, 79 OF THOSE, UM, ARE, ARE INVASIVE SPECIES.
UH, SO A RATHER SIGNIFICANT PORTION OF THOSE.
IN ADDITION, OVER 50% OF THE TREES PROPOSED TO BE REMOVED ARE PROPOSED TO BE REMOVED FROM AREAS THAT ARE CURRENTLY DEVELOPED.
UM, UM, SO WITHIN THE, THE, THE PREVIOUSLY DEVELOPED AREAS OF THE SITE, UM, GETTING INTO OUR SUBMISSION FURTHER, WE DID SUBMIT, UH, POINT BY POINT RESPONSES TO JOHN CANNINGS, UH, TRAFFIC MEMO, AS I MENTIONED, UH, THAT INCLUDES ADDITIONAL SIGNAGE FOR TRUCK ROUTE.
UH, WE PROVIDED WRITTEN RESPONSES TO MR. WEINBERG'S COMMENTS, WHICH AGAIN WE RECEIVED BEFORE THE SUBMISSION DEADLINE.
WE DID RECEIVE OTHER WRITTEN COMMENTS FROM THE, FROM PLANNING BOARD MEMBERS WITHIN THE LAST DAY OR SO.
WE'RE PREPARED TO, TO DISCUSS THOSE.
THERE ARE A LOT OF QUESTIONS AND COMMENTS, SO WE'RE GONNA DEFER TO YOU AS FAR AS IF THERE ARE PARTICULAR QUESTIONS A MAJORITY OF THE BOARD WOULD LIKE US TO DISCUSS, WE'RE HAPPY TO DO THAT.
I WOULD JUST NOTE, UM, TWO ITEMS THAT CAME UP AT THE LAST MEETING WITH RESPECT TO THE CRO AND AQUEDUCT.
UM, WE ARE IN THE PROCESS OF TRACKING DOWN, UH, ANY FORMAL EASEMENT IF THERE IS ONE THAT EXISTS FOR THAT.
UH, WE HAVE NOT FOUND IT YET, BUT IN THE MEANTIME, UM, OBVIOUSLY, YOU KNOW, TO THE EXTENT A FORMAL EASEMENT EXISTS, WE WILL COMPLY WITH ALL OF THE, THE RESTRICTIONS OF THAT EASEMENT.
UM, AND WE JUST NOTE THAT THERE WAS PRIOR DEVELOPMENT OVER
[02:20:01]
THE CROTON AQUEDUCT, UM, AT THE SITE.AND WE HAVE A QUICK SLIDE, UM, THAT SHOWS, SO AT THE TOP LEFT OF THE, OF THE SLIDE, YOU'LL SEE THERE, THAT'S WHAT USED TO EXIST UP AT THE TOP PORTION OF THE SITE.
SO YOU'LL SEE A BUILDING WITH ASSOCIATED PARKING AREAS, AND THOSE PARKING AREAS ARE WITHIN THE CROTON, AQUEDUCT, UM, AREA.
UH, AND WHEN, WHEN WAS THAT, WHEN WAS THAT SITE DEMOLISHED OR THAT BUILDING YOU MADE? I'M GONNA TURN TO DIEGO 'CAUSE HE HAS THE MOST HISTORY WITH THE SITE.
IT JUST AS PART OF YOUR REVIEW, RIGHT? MM-HMM
THE NEW CROTON AQUEDUCT, THAT PORTION, THAT NEW CROTON AQUEDUCT ONLY WENT BACK INTO SERVICE FOR NEW YORK CITY IN MID TWO THOUSANDS, LIKE 2005.
AND EVEN IF YOU DON'T FIND AN EASEMENT, I WOULD ERR ON THE SIDE OF CAUTION AND CHECK WITH THE DP OR NEW YORK CITY, RIGHT? ABSOLUTELY.
AND THAT, THAT'S BECAUSE IT'S, IT'S LIKE BEFORE IT WASN'T IN USE.
NOW IT'S IN USE AND IT'S, YOU KNOW, ORDER FOR MILLIONS OF PEOPLE.
SO, AND THAT IS CONSISTENT WITH COMMENTS THAT WE'VE ALSO RECEIVED FROM THE TOWN ENGINEER.
SO IT'S DEFINITELY ON OUR RADAR AND SOMETHING THAT, THAT WE ARE GOING TO BE RESPONDING TO.
UM, I DON'T KNOW IF DIEGO HAS A, IT WAS AROUND 2011, UM, THAT THAT BUILDING WAS DEMOLISHED.
UM, AND IT, THE, UM, THE, WHAT YOU SEE AT THE BOTTOM OF THE SCREEN IS OBVIOUSLY THE PROPOSED DEVELOPMENTS SIMILARLY OF A PARKING AREA OVER THE, UM, OVER THE CROW AQUEDUCT.
BUT OBVIOUSLY ANY, ANY RESTRICTIONS OR REQUIREMENTS WITH RESPECT TO THAT DEVELOPMENT, WE ARE PREPARED TO COMPLY WITH, UM, AT THE HALFWAY MARK.
SO I, I'LL DEFER TO, TO THE BOARD IF THERE ARE ANY SPECIFIC QUESTIONS YOU WOULD LIKE US TO ANSWER OR ANYTHING THAT WE'D LIKE TO, YOU'D LIKE US TO GO INTO FURTHER DETAIL ON.
I'M GONNA JUST LAY IT OUT BRIEFLY, BOTH FOR THE BENEFIT OF THE BOARD MEMBERS.
AND FOR THE APPLICANT AND THE, AND THE PROJECT TEAM.
UM, I THINK AT THIS TIME THERE HAVE BEEN SOME COMMENTS PROVIDED AND QUESTIONS PROVIDED FROM A COUPLE OF BOARD MEMBERS.
WE'RE GONNA ASK THE BOARD MEMBERS IF THEY WISH TO ISSUE ANY ADDITIONAL QUESTIONS OR COMMENTS THIS EVENING ON THE RECORD.
OTHERWISE, IF WE RUN OUT OF TIME WITH RESPECT TO, UH, THOSE QUESTIONS OR COMMENTS, WE WILL, UH, DISCUSS A DEADLINE FOR PLANNING BOARD MEMBERS TO ISSUE WRITTEN COMMENTS TO STAFF SO THAT WE CAN FORWARD THEM TO THE TEAM SO THAT YOU HAVE AMPLE TIME TO RESPOND AHEAD OF THE BOARD'S NEXT AVAILABLE MEETING TO DISCUSS.
AND TO BE CLEAR, WE'RE PREPARED, JUST TO BE FAIR TO THE APPLICANT, TO GIVE YOU A TIMELINE AND ENOUGH TIME TO RESPOND.
AND WE HAVE, WE'RE, WE'RE PREPARED TO RESPOND TO ANY OF THE QUESTIONS THAT WE'VE RECEIVED IN WRITING TO DATE.
I HAVE, I HAVE MANY
AND I'M GLAD YOU SAY YOU'VE SPOKEN TO SOME OF YOUR NEIGHBORS.
HAVE YOU SPOKEN TO MOUNT HOPE CEMETERY AS WELL YET, OR NO? YES.
FOLKS FROM THE CEMETERY ARE HERE.
SORRY, THERE'S TWO, RIGHT? THERE'S TWO THAT ARE JOINED THE MOUNT MOUNT.
HOPE YOU SAID DON'T WANT TO LIE.
AND THEN WE'VE SPOKEN TO OUR IMMEDIATE WESTCHESTER HILLS.
WE'VE SPOKEN TO OUR IMMEDIATE, UM, CEMETERY NEIGHBOR.
SO, SO, SO I THINK, I THINK WHAT I WOULD LIKE TO SEE MORE OF IS YOU'RE TALKING ABOUT AT LEAST TWO TO THREE YEARS OF CONSTRUCTION AND DISRUPTION FOR ALL NEIGHBORS, RIGHT? ON THE SIDES AND ACROSS, UM, FROM A, BOTH FROM A NOISE AND THEN PARTICULARLY MY FAVORITE AROUND, UM, HOW YOU'RE GOING TO LIKE A NOISE POLLUTION, A STORMWATER POLLUTION, UH, AND ANNOYING YOUR NEIGHBORS A TRAFFIC, UM, PERSPECTIVE.
SO THERE'S THE END STATE THAT WE SPENT A LOT OF TIME ON, BUT WHAT I WOULD LIKE TO SEE MORE IS HOW DO YOU NOT BE AWFUL NEIGHBORS WHILE YOU'RE BUILDING? BECAUSE YOU'RE NOT TALKING ABOUT A THREE MONTH BUILD, RIGHT? YOU'RE TALKING ABOUT A TWO OR THREE YEAR BUILD AND IT'S SIGNIFICANT, THE DISRUPTION THAT PEOPLE AND TRAFFIC COULD EXPECT IN THAT TIME.
TO BE FAIR, THERE WILL BE DISRUPTIONS, RIGHT? WITH ANY CONSTRUCTION PROJECT? NO, I, THERE WILL BE DISRUPTIONS I LIKE, AND THERE ARE, I WOULD LIKE TO SEE WHAT SORT OF CONCESSIONS OR CHANGES OR THINGS THAT THE DEVELOPER WOULD BE ABLE TO DO TO MAKE IT NOT QUITE SO TERRIBLE.
LIKE, ESPECIALLY LOOK AT THE GUYS ACROSS THE ROAD OR RENTERS AND IF THEY DON'T LIKE WHAT THEY, WHAT THEY HAVING TO LIVE WITH FOR THREE YEARS, THEY CAN LEAVE.
WHICH IS A FINANCIAL IMPACT TO THE GUY ACROSS THE ROAD.
SO WE NEED TO COUCH, WE NEED TO FORM THAT INTO A QUESTION.
MY QUESTION IS, WHAT KIND OF CONCESSIONS IS THE DEVELOPER GONNA MAKE AROUND TRYING NOT TO BE, UM, A TERRIBLE DEVELOPER FOR THREE YEARS TO SURROUNDING NEIGHBORS? YEAH.
WHAT CAN YOU DO TO LIMIT POTENTIAL
[02:25:01]
IMPACTS? YEP.SO I CAN RESPOND TO, TO A PORTION OF THAT NOW.
SO OBVIOUSLY WE'RE GOING TO COMPLY WITH ANY OF THE, THE NOISE, UM, RESTRICTIONS IN YOUR CODE.
UM, WE'RE GOING TO COMPLY WITH ANY CONSTRUCTION TIMELINE, UH, YOU KNOW, UH, HOURS OF OPERATION RESTRICTIONS IN YOUR CODE.
AS FAR AS, UH, CONSTRUCTION TIMELINE GOES, UM, WE'RE ALSO, THE BMR IS WILLING TO COMMIT TO OBVIOUSLY HAVING A, UM, LIKE A SIGN ON THE PROPERTY THAT PROVIDES A PHONE NUMBER FOR, UM, A, A CONSTRUCTION MANAGER.
SO IF THERE IS AN ISSUE AT THE SITE, UH, FROM A NEIGHBOR, THERE WILL BE A PHONE NUMBER WHERE THEY CAN ACTUALLY REACH A, A HUMAN BEING
BEFORE WE, I'M, I'M SORRY IF I MAY.
THERE, WE DID GIVE A CERTAIN AMOUNT OF TIME.
I KNOW THAT YOU SAID THAT YOU'VE BEEN ABLE TO REVIEW SOME OF THE QUESTIONS THAT WERE ALREADY SUBMITTED.
SO MY SUGGESTION WOULD BE INSTEAD OF HAVING, UM, NEW QUESTIONS THAT YOU HAVEN'T ADDRESSED YET OR HAVEN'T HAD AN OPPORTUNITY, YOU ADDRESS WHAT'S IN FRONT OF YOU, IF THAT WOULD BE OKAY WITH THE BOARD.
UM, I THINK IT'S NOW NINE 40 IS, I THINK, YEAH, SO I, I MIGHT BE OUT THE, I I WAS GONNA GIVE AN EXTRA COUPLE OF MINUTES.
WE DO HAVE JOHN CANNING, WHO'S BEEN PATIENT AND WAITING, UM, FOR THE LAST TWO PLUS HOURS.
JOHN, I THINK WE'RE BETTER THAN THAT.
I HAVE SOME QUESTION FOR HIM ON HIS LATEST REVIEW.
AND THEN OBVIOUSLY SOME OF THE COMMENTS THAT WERE TRANSMITTED BY BOARD MEMBER DESAI, WHICH WENT TO THE APPLICANT ALSO WENT TO JOHN CANNING, SPECIFICALLY RELATED TONING TRAFFIC AND TRANSPORTATION.
UM, I ASKED MR. CANNING, OBVIOUSLY THEY JUST CAME IN AS WELL ONLY A DAY OR TWO AGO, SO I DID FORWARD THEM TO MR. CANNING, BUT JOHN, IF YOU CAN GIVE US THE, THE SHORT VERSION, UH, WE WOULD APPRECIATE THAT AND THE SHARE SCREEN CAN COME DOWN PLEASE.
UH, GOOD EVENING, MADAM CHAIR, MEMBERS OF THE BOARD.
UM, THE TWO PRIMARY ISSUES THAT I WANT TO BRING TO YOUR ATTENTION, UM, ARE SIDEWALKS.
AND THIS BOARD NEEDS TO MAKE A DETERMINATION AS TO WHAT THEY WOULD LIKE THE APPLICANT TO DO.
THE APPLICANT HAS INDICATED THEY WOULD BE WILLING TO BUILD A SIDEWALK IN FRONT OF THEIR PROPERTY.
IT'S ON THE, THE TOWN'S SIDEWALK PRIORITIES LIST.
AND THE APPLICANT HAS INDICATED THAT THEY WOULD BE WILLING TO WORK WITH YOU ON LOOKING AT THE SIDEWALK TO THE NORTH.
UM, I ACTUALLY HAVE BEEN OUT AND INSPECTED BOTH SIDEWALKS AND I DO TEND TO AGREE WITH THE APPLICANT THAT IT'S EASIER FOR THEM TO BUILD THE SIDEWALK ON THEIR PROPERTY OR IN FRONT OF THEIR PROPERTY, A BECAUSE THEY CONTROL FURTHER THE SITE AND B, BECAUSE AS YOU GET UP AROUND THE BEND TO LAWRENCE STREET, LAWRENCE AVENUE, LAWRENCE STREET, UH, THE EDGE OF THE ROAD IS STEEP AND, UM, NARROW AND IT'S MORE DIFFICULT.
UM, A SIDEWALK ISSUE HAS COME UP OR A SIDE, A SIDELINE ISSUE HAS COME UP AT THE SOUTH DRIVEWAY THAT I BELIEVE THE APPLICANT IS WORKING ON.
SO I'D LIKE TO SEE A SOLUTION TO THAT.
IT'S NOT A MAJOR ISSUE, BUT, UM, I STILL WANNA MAKE SURE THAT IT IS ADEQUATELY ADDRESSED.
BASICALLY, IF YOU ARE IN A TRUCK AND BLEEDING TO MAKE A LEFT TURN OUT OF THE DRIVEWAY AND YOU LOOK TO YOUR RIGHT FROM THE SOUTH DRIVEWAY, UH, I WANT TO CONFIRM THAT YOU CAN SEE FOR 765 FEET PLUS OR MINUS A FEW FEET, WHICH IS THE REQUIREMENT, SO THAT YOU CAN MAKE A TURN AND ACCELERATE TO A REASONABLE SPEED ON THE HIGHWAY WITHOUT SOMEBODY COMING DOWN NINE A AND HAVING TO SLOW DOWN AN INORDINATE AMOUNT.
UM, WITH REGARD TO, AND I'M TRYING TO FIND MY NOTES HERE, MY MOUSE IS ON STRIKE.
THERE WERE A NUMBER OF QUESTIONS FROM THE BOARD.
I BELIEVE THESE ARE FROM THE BOARD.
AARON, CORRECT ME IF I'M WRONG, ONCE I START, THE FIRST ONE WAS, YOU KNOW, THE DESIGN YEAR OF 2028.
IS IT TOO SHORT? UM, IT MAY BE A YEAR OR TWO TOO SHORT IF IT'S BASED ON THE CONSTRUCTION SCHEDULE THAT I JUST HEARD.
I DON'T THINK THAT'S SIGNIFICANT BECAUSE, UM, THE GROWTH RATE WAS VERY MODEST TO BEGIN WITH AND THE, UH, IMPACTS WERE MODEST ALSO.
SO I DON'T THINK IT WOULD MAKE A SIGNIFICANT DIFFERENCE.
UH, TYPICALLY DOT FOR A LARGER PROJECT CAN ASK FOR A, UH, UH, 10 OR 20 YEAR HORIZON ANALYSIS.
UH, APPARENTLY THE DOT HAS NOT FOR THIS, AND IT'S PROBABLY BECAUSE THIS PROPERTY WAS PREVIOUSLY DEVELOPED.
AND SO IT'S A, A REUSE OF A FORMER PROPERTY.
AND THE HIGHWAY IN THE PAST HAS ACCOMMODATED, UH, HIGHER LEVELS OF TRAFFIC ASSOCIATED WITH THIS PROPERTY.
UH, THE CHANGE IN THERE WAS A QUESTION REGARDING THE CHANGE IN TRUCK TRAFFIC VOLUME.
BASED ON THE APPLICANT'S TESTIMONY, UH, THERE'LL BE AN ADDITIONAL TWO TRUCKS PER HOUR DURING THE PEAK R TO
[02:30:01]
THE NORTH OF THE SITE AND SIX PER HOUR TO THE SOUTH OF THE SITE.UM, THAT'S PRIMARILY BECAUSE YOU CAN ONLY GO SOUTH ON TWO 80, YOU CAN ONLY GO SOUTH ON 87 NORTH OF THE SITE.
AND TO GET TO 2 87 AND TO GO TO NORTH ON 87, YOU BETTER GO SOUTH'S, COMPLICATED
UM, WHAT'S THE IMPACT ON THE PROPOSED PROJECT FROM THE INTERSECTIONS OF LAWRENCE AVENUE WITH SUN RIVER PARKWAY AND SUN RIVER ROAD? AT THE I 87 EXIT RAMPS? I LOOKED AT THE TRAFFIC STUDIES, THE TRAFFIC STUDIES DIDN'T GO THOSE THAT FAR, BUT THERE'S ONLY 13 CARS AT THE, UH, AT THE 2 87 AT THE 87 RAMPS TO THE NORTH OF THE SITE.
AND THERE'S ONLY, UH, I THINK 15 CARS ON LAWRENCE STREET.
SO, UH, IT'S A MINIMAL AMOUNT.
AND THEN TO THE SOUTH, UM, DOWN BY TUCKER HILL ROAD, UH, THERE'S PROBABLY LESS, WHICH IS THE OTHER EXITS FOR I 87.
UH, THERE WAS A QUESTION, ARE TRUCKS ALLOWED TO MAKE A LEFT TURN ON JACKSON AVENUE AND USE I 87 TO GO NORTH? TECHNICALLY, NO.
IF YOU WERE TO GO THAT WAY AND YOU WANT TO GET ON 87, YOU'VE GOTTA GO DOWN SPRAIN ROAD AND THERE ARE SIGNS ON SPRAIN ROAD POSTING AN, UH, FIVE TON WEIGHT LIMIT.
SO, BUT CAN THEY, WE KNOW THEY'RE ABUSING THAT THEN IT CAN BE ENFORCED.
J JOHN, JUST TO JUMP IN FOR JUST BECAUSE OF TIME REASONS ARE WE TO ANTICIPATE A WRITTEN RESPONSE, YOU KNOW, TO THE PLANNING BOARD MEMBER COMMENTS THAT WE CAN CIRCULATE TO MR. DESAI? YES.
BUT YOU HAVE BEGUN TO LOOK AT THOSE QUESTIONS AND YEAH, IT SOUNDS AND WE APPRECIATE THE FACT THAT YOU HAVE IN SUCH A SHORT TURNAROUND.
AND, AND I HAVE SOME QUESTIONS REGARDING THE, UM, THE, UH, THE STACKING INTO THE LAWRENCE AVENUE FROM GOING UP TO THAT.
I'M SORRY, JUST WE'RE GONNA HAVE TO TAKE A POLL YEAH.
WITH THE BOARD MEMBERS TO SEE IF THEY'RE WILLING TO STAY, UH, FOR AN ADDITIONAL 10 MINUTES TO 10 10 IN ORDER TO, YOU KNOW, DISCUSS IN ORDER TO, UM, UM, WE HAVE STILL ANOTHER APPLICANT AND WE'RE AT TEN TWO NOW, SO TEN TWO, WE'RE AT 10 TO 10 NOW.
SO ARE YOU WILLING TO STAY UNTIL 10? 10? YEAH, LOT MORE THAN THAT.
SO WITH THAT SAID, I THINK, UM, IF YOU HAVE ADDITIONAL WE DIDN'T, MICHELLE? YEAH, SORRY MICHELLE.
WITH THAT SAID, I THINK UNFORTUNATELY WE HAVE TO CUT THE BACK AND FORTH WITH MR. CANNING AT THE MOMENT IF YOU HAVE ADDITIONAL QUESTIONS.
SO I THINK AT THIS TIME, UH, BEING THAT WE HAVE TO MOVE ON TO THE OTHER PROJECT, WHAT I AM GOING TO SUGGEST AS STAFF AND IN BRIEF DISCUSSION WITH THE CHAIR IS THAT ANY ADDITIONAL, AND WE, WE HAVE, UH, ONLY A CERTAIN, ONLY FOUR MEMBERS HERE TONIGHT, AND OBVIOUSLY WE HAVE A COUPLE MEMBERS MISSING.
SO WHAT I WILL BE DOING IS SENDING AN EMAIL TO THE ENTIRE BOARD REQUESTING, AND THE APPLICANT HAS PUT IN A LOT OF TIME, THEY MET WITH US, UH, OUT ON SITE, TWO DIFFERENT INSTANCES.
YOU KNOW, THEY'VE TAKEN A LOT OF THE INITIAL AND FOLLOW UP RECOMMENDATIONS, QUESTIONS, COMMENTS AND CONCERNS FROM THE BOARD AND FROM STAFF AND HAVE RESPONDED TO THEM.
SO I WOULD ASK THAT IF YOU HAVE ANY BOARD MEMBER, AND I'LL SEND THIS AN EMAIL, HAVE ANY OTHER QUESTIONS, COMMENTS, OR CONCERNS RELATED TO THIS PROJECT, THAT, AND FOR THE APPLICANT'S BENEFIT, YOU PROVIDE THEM BY A WEEK FROM TODAY.
SO BY WEDNESDAY, OCTOBER 22ND, WE WILL THEN FORWARD THOSE OFF TO THE APPLICANT REQUE AND THAT WILL INCLUDE, UH, ANY ADDITIONAL REVIEW OR A RESPONSE WE GET FROM MR. CANNING AS WELL.
WE WILL ASK THAT THE APPLICANT RESPOND BY, I THINK I HAD, SORRY, MONDAY, NOVEMBER 3RD.
AND THEN THAT WOULD GIVE ENOUGH TIME FOR MR. CANNING TO LOOK AT ANY RESPONSE, THE BOARD, TO TAKE A LOOK AT ALL THE RESPONSES, TOWN STAFF TO TAKE A LOOK AT THE RESPONSES.
AND WE WOULD HAVE, WAIT, THAT GIVES US TWO DAYS.
NO, BECAUSE THE NEXT TIME THIS PROJECT WOULD BE ON IS NOVEMBER 19TH.
IN ADDITION TO THE WRITTEN RESPONSES, ARE THERE ANY ADDITIONAL VISUALS THAT, THAT HAVE ALREADY BEEN PREPARED? WE, UH, WE DO HAVE A COUPLE RENDERINGS IN OUR SLIDES TONIGHT THAT, THAT WE CAN SHOW, UH, ONE OR TWO OF WHICH YOU'VE ALREADY SEEN AND, AND TWO WHICH ARE NEW.
SO IF SOMEHOW WE CAN GET THOSE, SO WE CAN SUBMIT THOSE FORMALLY, THAT'D BE GREAT.
UM, I, I WOULD JUST ALSO ASK, UM, AND I APPRECIATE THE, THE DEADLINE FOR, FOR PLANNING BOARD MEMBER COMMENTS AND, AND NOTIFYING US WHAT OUR DEADLINE IS.
UM, WE'VE RUN OUTTA TIME TWICE NOW.
UM, AND I, I FEEL LIKE WE'RE, WE'RE,
[02:35:01]
WE'RE SPENDING A LOT OF TIME PREPARING RESPONSES.WE'RE, WE'RE PREPARED TO GO THROUGH EACH OF THE QUESTIONS THAT HAVE BEEN POSED TO US, UM, THAT WE RECEIVED YESTERDAY.
BUT, BUT I UNDERSTAND THAT WE'RE OUTTA TIME.
WOULD THE BOARD BE AMENABLE TO PUTTING OUR APPLICATION FURTHER UP ON THE AGENDA FOR THE NOVEMBER 19TH MEETING TO ENSURE THAT WE, WE DON'T RUN OUTTA TIME AGAIN? AND ALSO, WOULD THE BOARD BE WILLING TO HAVE A DRAFT RECOMMENDATION AVAILABLE AT THAT MEETING FOR THEIR CONSIDERATION? SO I CAN SPEAK TO THE TIME, UM, THE INTENT OF STAFF IS TO PUT TOGETHER A LIGHTER AGENDA FOR, UM, BOTH THIS PROJECT AND THE PROJECT THAT'S TRYING TO GET ON BEHIND YOU HERE, UM, TO DISCUSS BRIEFLY, UH, FOR THE 19TH SO THAT WE CAN GIVE AMPLE TIME TO BOTH PROJECTS.
THE OTHER ONE'S LIKELY TO PROBABLY BE CARRIED OVER AS WELL, UM, REGARDING A DECISION.
I, I THINK, I MEAN, REGARDING A DECISION, IT DEPENDS OBVIOUSLY ON THE RESPONSES THAT WE GET.
UM, AND IF COMPLETE WITH ALL OF THEM, I CAN TELL YOU THAT STAFF CAN BEGIN THE BACKBONE.
YOU KNOW, THERE'S BACKGROUND, THE DATES OF REFERRAL, THINGS OF THAT NATURE, THE VARIOUS, UH, APPROVALS REQUIRED, THE NATURE OF THE PROJECT, WE CAN BEGIN THAT PROCESS, RIGHT.
SO THAT WE HAVE KIND OF A WORKING DRAFT THAT CAN BE ADDED TO, UM, EDITED, ET CETERA, AS WELL AS US ANY KNOWN RECOMMENDATIONS THAT WE'VE ALREADY AGREED UPON.
I MEAN, ANYTHING THAT WE CAN DO TO HELP YOU TO, TO MOVE THE PROCESS ALONG.
UM, I MEAN, I THINK THAT WE'VE BEEN TRYING TO BE VERY RESPONSIVE TO THE COMMENTS WE'RE, WE'RE PREPARED TO, TO FURTHER DISCUSS IT.
BUT AGAIN, I UNDERSTAND WE'RE OUTTA TIME, RIGHT? UM, WE, WE RAN A LITTLE BIT BEHIND TONIGHT AND, YOU KNOW, ON BEHALF OF STAFF, I APOLOGIZE.
UM, BUT WE WILL DEDICATE AT LEAST AN HOUR, AT LEAST AN HOUR AT OUR NOVEMBER 15TH MEETING.
SO YOU NEED THE TIME TO WALK THROUGH, YOU KNOW, YOU'RE GONNA BE PROVIDING A WRITTEN RESPONSE TO EVERYTHING THAT YOU GET, BUT IF YOU NEED TO WALK THROUGH THE BOARDS, THROUGH ALL THOSE RESPONSES, WE WILL GIVE AMPLE TIME TO DO SO.
WE'RE, WE'RE JUST HERE TO TRY TO ANSWER YOUR QUESTIONS.
THANKS JOHN
UH, WE'RE CALLING CASE NUMBER T UM, PB 25 22, BETHEL KNOLLS 55 GRASSLANDS ROAD IS THE SITE PLAN.
SO SAME THING WE'RE GONNA SAY, ESPECIALLY, EXCUSE ME.
SO IF YOU HAVE QUESTIONS FOR JOHN, EMAIL ME QUESTIONS FOR JOHN.
IF THERE'S EMAIL, IF THERE'S COMMENTS FOR THE APPLICANT DIRECTLY, CAN WE DISCUSS THIS? 'CAUSE GO FOR IT EVERY MINUTE.
GOOD EVENING, MADAM CHAIR AND, UH, MEMBERS OF THE BOARD.
UH, DAVID COOPER, PARTNER WITH THE LAW FIRM Z AND STEIN HERE, REP REPRESENTING THE APPLICANT.
UH, WITH ME IS MICHAEL FEIN FROM LANG AND ENGINEERING, AS WELL AS MEREDITH JULIANA.
THE, UH, FROM LANG ENGINEERING AS WELL, THE LANDSCAPE ARCHITECT, UH, PATRICK MCDO FROM EGF ARCHITECTS BACK IN THE BACK, UH, UH, AND VINCENT POONE, MY, MY COLLEAGUE AS WELL AS REPRESENTATIVES FROM THE APPLICANT.
UM, THE, LET ME JUST GIVE YOU A QUICK SUMMARY OF, OF, OF WHERE WE ARE PROCEDURALLY BECAUSE IT, IT SETS UP ESSENTIALLY A REQUEST TONIGHT AND, AND, UH, SIMILAR TO THE LAST APPLICANT, LIKE, LIKE AT ORAL ARGUMENT IN THE SECOND APARTMENT, YOU, YOU REQUEST TIME BEFORE THE, BEFORE THE COURT, WE WOULD REQUEST TIME ON YOUR NEXT AGENDA SO THAT WE CAN ACTUALLY GO THROUGH SOME OF THIS, UH, RATHER THAN KIND OF SPEED THROUGH IT.
UM, THIS IS A PROPOSAL TO, UH, ADD 74, UH, INDEPENDENT LIVING UNITS TO THE EXISTING CCRC.
UM, IN CONNECTION WITH THAT, WE ARE REQUESTING A REZONING FROM THE, THE TOWN BOARD TO THE R 30 AS A CLEANUP, CLEANUP OF THE MAP SITE PLAN AND SPECIAL PERMIT, UH, FOR UNDER THE CCRC, WHICH IS ALSO TOWN BOARD JURISDICTION, UM, SLOPE PERMIT AND WETLAND, UH, CLEARANCE FROM YOUR BOARD, AS WELL AS VARIANCES FROM THE ZONING BOARD.
UM, CURRENTLY WE ARE SEEKING A RECOMMENDATION FROM YOUR BOARD BACK TO THE TOWN BOARD ON THE REZONING CRA AND SITE PLAN AND SPECIAL PERMIT.
WE'LL BE BACK BEFORE YOUR BOARD FOR THE OTHER PERMITS IF THE ZONING IS PUT IN PLACE AND WE GET BACK BEFORE YOU, UM, SINCE THE LAST MEETING, WE SUBMITTED A FULL SET OF ENGINEERING PLANS, UH, LANDSCAPING PLANS AND THE LIKE, AS YOU REMEMBER, UH, THERE IS A, UH, CHANGE TO THE LAYOUT OF THE BUILDING AFTER A DISCUSSION OR DISCUSSIONS WITH THE NEIGHBORS WITH RESPECT TO MOVING THE, UH, ROADWAY BACK, SEEING IF WE CAN PUT MORE LANDSCAPING IN BETWEEN AND MORE BUFFERING AS WELL AS SEEING IF WE CAN MOVE
[02:40:01]
AROUND THE, UH, STORMWATER MANAGEMENT, UH, FEATURES.ALL OF THAT HAS BEEN ACCOMPLISHED.
UM, WHAT I'LL DO IS, UH, TONIGHT WE'RE GONNA TURN IT OVER TO, TO MIKE QUICKLY TO GO THROUGH THE CHANGES IN THE PLANS AND THE ENGINEERING AND, AND THE STORMWATER.
UM, WE HAVE ALSO REVISED THE ZONING TABLE AND ANSWERED THE QUESTIONS FROM THE, UH, BUILDING DEPARTMENT WITH RESPECT TO THE VARIANCES REQUIRED.
UH, UH, PATRICK WAS GONNA GO THROUGH THAT WITH YOU, BUT I THINK WHAT WE'RE GONNA DO IS, UNLESS THE THE BOARD WANTS IT, UH, WE'RE GONNA HOLD, HOLD OFF ON THAT 'CAUSE IT'S REALLY ALL IN, IN THE PLANS ANYWAY.
UM, WE ARE HERE TO ANSWER YOUR QUESTIONS TONIGHT.
WHAT WE HOPE TO BE ABLE TO DO IS PUT YOUR BOARD IN A POSITION AFTER TONIGHT, UH, TO START PREPARING A RECOMMENDATION TO THE TOWN BOARD, WHICH WE HOPE WILL BE FAVORABLE AS WELL.
UM, EXCUSE ME, I, IT WAS A GIFT CALLED HEARING.
I, SORRY, I, NO, IF IF IT, IF THERE WASN'T, IF THERE WASN'T 10 MINUTES OF, OF OUR TIME, I WOULD HAPPY TO REPLY TO THAT, BUT I WOULD ASK, ALLOW US TO, TO, TO FINISH OUR OF COURSE.
UM, SO LET ME TURN IT OVER TO MIKE TO, TO MICHAEL TO GO THROUGH THE, UM, THE ENGINEERING PLANS, SO THAT WE JUST PUT THAT BEFORE YOU TONIGHT AND THEN WE'RE RAPID ANSWER ANY OTHER QUESTIONS WE'LL TALK ABOUT, UH, MOVING FORWARD.
AND I'LL RESPOND TO ANY COMMENTS AFTER THEY'RE PRESENTED.
AND, UH, THE SHARE SCREEN FUNCTION IS AVAILABLE FOR THE TEAM.
MY NAME IS MIKE FEIN, I'M WITH THE FIRM LANGAN ENGINEERING.
I'M A SITE CIVIL ENGINEER IN, IN THE COUNTY FOR ABOUT 26 YEARS.
UM, JUST THIS IS AN OVERALL VIEW OF THE PROPERTY.
I THINK YOU'VE SEEN THIS, WE'VE BEEN THROUGH IT BEFORE.
THE, THE LIGHT GRAY IS THE EXISTING STRUCTURE AS IT EXISTS TODAY.
AND THEN THE DARKER GRAY AREA IS THE PROPOSED ADDITION.
AND YOU CAN KIND OF SEE THE ROADWAY THAT LOOPS AROUND THE NORTH END OF IT.
AND THEN OUR STORMWATER FEATURE THAT'S FURTHER NORTH OF THAT.
SO JUST AGAIN, TO SET YOU UP FOR SOME CONTEXT.
SO WE PUT THIS TOGETHER TO SHOW, UH, WHAT THE PLAN WAS THAT YOU SAW PRE PREVIOUSLY.
THE, THE RED OUTLINES ARE THE PLAN AS IT WAS BEFORE, AND EVERYTHING THAT'S IN BLACK OR WHITE OR GRAY SCALE IS, IS THE NEW.
SO PREVIOUSLY THE STORMWATER BASINS WERE A MIXTURE OF BIORETENTION.
YOU CAN KIND OF SEE THE TWO OUTLINES THERE IN RED.
ONE WAS A BIORETENTION BASIN AND THE OTHER WAS A DRY STORMWATER, UH, DETENTION BASIN THAT DISCHARGED, UH, UH, A STORM EVENT AT A CERTAIN LEVEL.
UH, WE HAVE NOW GONE TO ONE SINGLE BASIN, WHICH IS AN INFILTRATION BASIN, AND THAT BASIN, UM, WILL TAKE IN STORMWATER AND IT WILL INFILTRATE IT OVER A PERIOD OF TIME, 24 HOURS.
UH, IF YOU GET SIX INCHES IN AN HOUR, IS IT, IS IT OVERFLOWING NORTH, SOUTH, WEST, OR EAST? I'LL, I'LL EXPLAIN THAT IN A MINUTE.
SO, UM, THE, THE REST IN RED, AS YOU CAN SEE, THE, THE DRIVEWAY THAT LOOPS AROUND THE BUILDING THAT WE'VE NOW SHRUNK CAN MOVE TO SOUTHERLY ABOUT 12 FEET.
ALL THAT WAS DONE TO GET US FURTHER AWAY FROM THE ADJOINING PROPERTY.
UH, AND AGAIN, TO ADD FOR MORE LANDSCAPING AND THINGS THAT, UH, MEREDITH WILL GO THROUGH IN A MINUTE.
UH, TO ANSWER YOUR QUESTION, YES, THOSE, THIS BASIN IS SIZED FOR A 9.1 INCH RAIN EVENT TO HOLD AND STORE THAT VOLUME AND INFILTRATE THAT FULL VOLUME.
IT'LL ONLY OVERFLOW IF AND WHEN YOU EVER GET A RAIN EVENT THAT EXCEEDS NINE INCHES IN A FULL DAY, WE FOUND IT.
UH, WE DID DO SOME HISTORY AND LOOK BACK AT THE RECENT STORM EVENTS THAT HAVE OCCURRED, AND THE MAXIMUM RAIN THAT WE HAVE GOTTEN IN ANY OF THOSE EVENTS IS UP TO 4.5 INCHES OF RAINFALL.
BUT, UH, WE DID THE RESEARCH, YOU COULD DISPUTE IT ALL YOU WANT, BUT THAT'S WHERE WE ARE.
WE, UM, AND THAT'S NINE INCHES OF RAINFALL, NEARLY DOUBLE THAT SIZE.
THAT'S A LOT OF VOLUME OF WATER.
WE DID INFILTRATION TESTING, MORE INFILTRATION TESTING.
THAT GROUND WILL INFILTRATE AT 30 INCHES PER HOUR.
WE SIZE THIS FOR 10, SO WE'RE EVEN MORE CONSERVATIVE ON THE INFILTRATION RATE.
SO THERE WILL BE MORE GOING INTO THE GROUND, GIVING US EVEN MORE VOLUME TO DEAL WITH.
HAVE YOU, HAS ANY OF THIS, UM, TO YOUR KNOWLEDGE, BEEN REVIEWED WITH THE TOWN ENGINEER AS OF THIS STAGE? IT, IT'S ALL BEEN SUBMITTED.
UH, WE'RE HAPPY TO SIT AND GO THROUGH IT YEAH.
WITH THAT'S ALL TOWN ENGINEER AND GO THROUGH IT AND SHOW ALL THE ROUTING, ALL THE INFORMATION, HOW CONSERVATIVE WE ARE, WHATNOT, ALL THE ASSUMPTIONS THAT WE'VE TAKEN.
UM, BUT WE THINK IT'S A PRETTY CONSERVATIVE DESIGN.
UM, SO JUST TELL ME WHICH DIRECTION IT WILL OVERFLOW IN THE EVENT THAT YOU DO.
IF IT, IT WOULD OVERFLOW TO THE NORTH.
IF IT, IF IT WERE EVER TOWARDS GRASSLANDS.
THAT'S THE WAY THE GROUND'S SLOPING.
UM, YOU GO THROUGH THE LANDSCAPING.
SO I THINK LET'S GO THROUGH THE LANDSCAPING PLANETS NEXT AND MEREDITH WILL TAKE THAT.
IF YOU COULD ALSO TOUCH ON THE TREE REMOVAL BEING THAT THE SURVEY WAS RECENTLY.
UH, LET'S SEE IF I CAN PUT THIS ALL UP HERE.
[02:45:01]
MEREDITH.AS MIKE SAID, I'M ALSO WITH LANG AND ENGINEERING.
I'M THE PROJECT LANDSCAPE ARCHITECT.
UM, JUST TO TOUCH ON THE TREE REMOVAL, RIGHT OFF THE BAT, WE DID JUST FINISH OUR TREE SURVEY.
SO WE'VE NOW GOTTEN, WE'VE GONE FROM VERY LIMITED TREE INFORMATION WHERE WE ONLY, UH, LOCATED ALL OF THE DECORATIVE TREES, YOU KNOW, ALL OF THE KIND OF ORNAMENTAL TREES, UM, THAT WERE FREESTANDING THROUGHOUT THE AREA, RIGHT? ANY PLACE WHERE THERE WAS A LARGE SWATH OF TREES THAT ARE ALL GROWING TOGETHER, THOSE TREES ARE, WERE ALL SHOWN PREVIOUSLY AS ONE LARGE STAND OF TREES.
SO WE'VE NOW DIALED THAT DOWN INTO A NEXT KIND OF LEVEL OF DETAIL.
UM, AND OUR CURRENT SURVEY, SO I KNOW THERE WAS SOME CONCERN, WE WENT FROM LIKE 30 TREES BEING REMOVED TO ABOUT A HUNDRED BEING REMOVED.
THAT IS SIMPLY A, A PRODUCT OF HAVING MORE DETAILED INFORMATION, UM, TO COVER THAT FIRST.
SO, UM, IN OUR PLANTING PLAN, SO WE ALSO WENT THROUGH AND SIMILARLY, YOU KNOW, WE WANTED TO REDUCE, AS WE REDUCE THE LIMIT OF DISTURBANCE IN OUR SITE PLAN, WE REDUCED THE LIMIT OF DISTURBANCE FOR OUR PLANTING AS WELL.
SO WE ARE RE-SEEDING ALL AREAS WHERE THERE WILL BE GRADING.
UM, AND THEN INCLUDING SEEDING THE INFILTRATION BASIN AND UH, PROVIDING SHRUBBERY AROUND THE OUTSIDE OF THAT, WITHIN THE FENCE LINE OF THE BASIN, UM, KEEPING THAT TO THE TOP SO THAT IT'S NOT GETTING FLOODED ALL THE TIME AND IS EASIER TO MAINTAIN.
AND THEN WE'VE ALSO, UH, PROVIDED WHAT WE THINK WILL BE A CONTINUATION OF THE EXISTING TREES THAT ARE ON SITE.
SO WE KNOW THAT THERE ARE VERY, VERY LARGE, VERY OLD TREES ON SITE AND WE WANNA CONTINUE THE SAME STYLE, THE SAME TYPE OF TREES.
SO WE'VE UH, PICKED UP OUR HINTS FROM WHAT ALL IS ALREADY EXISTING AND CONTINUE THAT TO PLANT THE REST OF THE SLOPE UP TO THE ROAD.
I CAN POINT WITH MY MOUSE, I FORGOT, UM,
AND THEN IN ALSO DOING THAT WE TOOK THE OPPORTUNITY OF HAVING A LITTLE BIT MORE SPACE, UM, IN BETWEEN THE ADJACENT RESIDENCE AND THE NEW LOCATION FOR THE ROAD TO SPACE OUT AND ADD SOME ADDITIONAL EVERGREEN SCREENING.
SO ALL WITHIN THIS AREA, UM, IF YOU CAN SEE MY MOUSE UP ON THAT SCREEN, ALL WITHIN THIS AREA, IT WILL BE MULTIPLE LAYERS OF EVERGREEN SCREENING THAT WE'RE ALSO PLANTING AT MULTIPLE DIFFERENT SIZES SO THAT IT CREATES A MORE NATURAL SCREEN.
SO THERE WON'T JUST BE, YOU KNOW, WHAT I ALWAYS REFER TO AS THE MOHAWK OF EVERGREEN SCREENS.
UM, THIS WILL BE A MORE NATURAL LOOK AND WE'VE WEAVED IN WITH THAT SOME OF THESE LARGER SHADE TREES THAT YOU SEE ON THE LEFT HAND SIDE AS WELL.
SO I THINK THAT'S THE QUICKEST I CAN GO THROUGH OF PLANTING BLEND.
SO, UM, IF THERE'S ANY OTHER QUESTIONS.
DO WE WANT TO HEAR FROM JOHN CANNING ON THIS PROJECT AS WELL? SINCE WE HAVE A ON, I KNOW WE'RE ABOUT TO GO INTO EXTRA TIME.
JOHN, YOU CAN TAKE DOWN THIS THING.
SO WE DID ISSUE A COMMENT LETTER ON OCTOBER 1ST.
UH, THERE WAS A VERY MINOR ISSUE ON THE FIRETRUCK TURNING, UH, I'M CONFIDENT IT CAN BE ADDRESSED.
UM, THE APPLICANT ADDRESSED OUR ISSUE OF TRIP GENERATION.
THE, THE TWO ISSUES THAT ARE OF PRIMARY CONCERN ARE THE NEED FOR A LEFT TURN LANE ON GRASSLAND ROAD AS IT GOES BY THE FRONT OF THE SITE.
UM, THE SITE WAS DEVELOPED MANY YEARS AGO.
THERE WAS NO REQUIREMENT OR MINIMAL REQUIREMENT FOR A LEFT TURN LANE AT THAT TIME.
IN THE PAST EIGHT TO 10 YEARS, THE STATE HAS CHANGED IT AND NOW PRETTY MUCH ANY, ANYTHING MORE THAN 10 HOMES REQUIRES A LEFT TURN LANE.
IN WESTCHESTER, UH, THE APPLICANT HAS DEMONSTRATED THAT FROM A CAPACITY PERSPECTIVE IT'S NOT NEEDED.
UH, THE ISSUE IS PRIMARILY A SAFETY ISSUE SO THAT IF I'M WAITING TO MAKE A LEFT TURN AND THERE'S TRAFFIC COMING DOWN THE HILL, UH, FROM THE AREA OF THE COLLEGE, PEOPLE COMING UP THE HILL BEHIND ME DON'T RUN INTO THE BACK OF ME.
UH, THE ACCIDENT HISTORY REVEALED THAT THERE WERE A COUPLE OF CRASHES IN THE AREA.
WE'VE REQUESTED INFORMATION ON THEM TO SEE IF THEY WERE REAR END ACCIDENTS, WHICH ARE TYPICAL OF THAT.
UH, AND THE SIDELINE DATA PROVIDED, UH, SEEMED TO INDICATE THAT THOSE ADEQUATE SITE DISTANCES, BUT THERE WAS NO PROFILE PROVIDED.
SO THERE ARE A COUPLE OF ISSUES THAT WE STILL WANT TO LOOK AT.
UM, IT'S LOOKS LIKE IT'S GOING IN THE RIGHT DIRECTION.
WE JUST WANNA CONFIRM THAT BEFORE WE SIGN OFF ON IT.
AND, AND JUST TO REMEMBER, THE, ULTIMATELY IT'S THE TOWN
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BOARD WHO'S SERVING ITS LEAD AGENCY FOR SEC PURPOSES.SO, SO THEY'RE GONNA BE THE ONE THAT WILL ULTIMATELY BE, BE RULING ON, ON THOSE, THOSE ITEMS. AND SO TO THE EXTENT THAT THE BOARD HAS COMMENTS AND WANTS TO INCORPORATE INTO ITS RECOMMENDATION TO THE TOWN BOARD IN ITS CONSIDERATION DURING THE SECRET PROCESS AND SECRET REVIEW, OBVIOUSLY THOSE CAN BE INCORPORATED, UM, RIGHT QUESTION FOR THE APPLICANT.
BEFORE WE PROCEED, SO OBVIOUSLY WITH THE REFERRAL BOTH ON THE ZONING AMENDMENT AND THE SITE PLAN, THERE'S A TIMEFRAME FOR WHICH THE PLANNING BOARD TO OPERATE WITHIN, UM, IT HAS EXTENDED, UH, AS OF RIGHT IT HAS WAS ABLE TO EXTEND THAT PERIOD OF TIME.
QUESTION FOR THE APPLICANT IS, DO YOU, WOULD YOU CONSENT TO A FURTHER EXTENSION OR DO YOU WANT THE PLANNING BOARD TO ISSUE A RECOMMENDATION RIGHT NOW? WELL, UM, LET, LET ME, LET ME ASK A QUESTION BACK JUST IS, IS THE BOARD IN, IN A POSITION TO ISSUE A RECOMMENDATION TONIGHT? NO.
SO, UH, UM, THEN YES, WE, WE WOULD CONSENT ON THE CONDITION THOUGH THAT WE GET MORE THAN 10 MINUTES AT THE NEXT MEETING SO THAT, THAT WE CAN, WE CAN REALLY DIG IN AND, AND ANSWER ANY QUESTIONS FINALLY SO WE CAN MOVE, MOVE THIS ALONG.
SO SIMILAR TO THE PRIOR PROJECT YEAH.
THE INTENTION IS FOR STAFF TO RECOMMEND TO THE BOARD THAT, UM, ADDITIONAL, ANY ADDITIONAL QUESTIONS, COMMENTS, OR CONCERNS EITHER FOR THE APPLICANT OR FOR THE TOWN'S TRAFFIC CONSULTANT BE PROVIDED BY A WEEK FROM THIS EVENING, OCTOBER 22ND, WHICH WE WOULD THEN FORWARD OFF TO THE PROJECT TEAM, ASK THAT RESPONSES BE PROVIDED BY MONDAY, NOVEMBER 3RD, SO THAT WE CAN GIVE YOU AT LEAST ONE HOUR OF REVIEW ON NOVEMBER 19TH.
THE NOVEMBER 5TH AGENDA IS JUST BOOKED.
ALREADY WE CAN GET THEM ON AND WE CANNOT GET YOU GUYS ON, BUT WE ARE THE BOARD STRIVING TOWARDS, UH, A RECOMMENDATION.
OBVIOUSLY THIS PROJECT ALSO INVOLVES THE ZONING MAT, UH, THE ZONING AMENDMENT.
UM, SO IT'S KIND OF TWOFOLD REFERRAL, UM, WHICH, YOU KNOW, UM, IS GONNA TAKE SOME TIME.
BUT AS I MENTIONED TO THE PRIOR, APPLICANT'S STAFF COULD BEGIN THE PROCESS OF PUTTING THE BONES OF A RECOMMENDATION TOGETHER.
AND THAT, THAT SOUNDS REASONABLE TO THE APPLICANT.
DID YOU RESOLVE YOUR ISSUES WITH THE HISTORIC BOARD? WELL, UM, WHEN YOU SAY RESOLVE ISSUES, UM, WHATEVER IT IS.
WELL,
JUST FOR THE BENEFIT OF THE BOARD AND THE APPLICANT.
SO, UM, WITH RESPECT TO THE HISTORIC BOARD, UH, THE PROJECT WAS REFERRED TO THE HISTORIC BOARD.
THE APPLICANTS MET WITH THE HISTORIC BOARD.
THE HISTORIC BOARD, UM, ISSUED A MEMORANDUM.
WE SAW IT TODAY THAT, UH, OR YESTERDAY THAT WENT OUT TO THE BOARD.
IT WAS ALSO FORWARDED TO THE APPLICANT.
IN RESPONSE TO THAT MEMORANDUM, I WANTED TO UPDATE BOTH THE APPLICANT, WHICH I THINK IT'S ALREADY AWARE OF 'CAUSE COMMISSIONER HAS SPOKEN WITH YOU.
BUT FOR THE BENEFIT OF THE PLANNING BOARD, THE TOWN HAS ENGAGED THE SERVICES OF EASTON ARCHITECTS, WHICH, UH, IS A FIRM THAT ACTUALLY, UM, PREPARED AND PROVIDED, UH, THE HISTORICAL RESOURCES ANALYSIS UPDATE A FEW YEARS AGO.
SO THEY'RE, UM, FAMILIAR WITH THE TOWN AND, UH, THE REQUEST IS THAT EASTERN ARCHITECTS REVIEW NOT ONLY THE MATERIALS PROVIDED BY THE APPLICANT, ITS OWN INDEPENDENT RESEARCH, AS WELL AS THE INFORMATION PROVIDED BY, UH, THE HISTORIC AND LANDMARKS PRESERVATION BOARD AND ISSUE A REPORT.
WE EXPECT THAT REPORT TO BE ISSUED WITHIN THE NEXT WEEK TO 10 DAYS.
AND UPON RECEIPT, WE'LL FORWARD IT TO ALL PARTIES.
AND, AND THE ONLY, THE ONLY OTHER THING I I WOULD SAY IS LOOK, WE DID RE WE DID RECEIVE THE, THE, THE REPORT FROM THE HISTORIC BOARD.
AND I'D SAY WE WERE A BIT DISHEARTENED BY THE POSITION IT HAD TAKEN AFTER WE, WE'D SPENT A LOT OF TIME, UH, AND ENERGY WITH, WITH THE BOARD.
WE THOUGHT THAT THEY WERE, THEY WERE, UH, UH, WORKING WITH US AND, AND UNDERSTOOD THE APPLICANT'S POSITION AND SOME OF THE PLANNING ISSUES HERE.
UH, AND WE THOUGHT WE WERE WORKING TOWARDS IDENTIFYING FEATURES WITHIN THE BUILDING TO SALVAGE EITHER REUSE IN THIS NEW, UH, BUILDING OR DONATE TO, TO OTHERS THAT COULD REUSE IT.
UH, WE SEE NOW THAT THEY'RE SAYING PRESERVE THE BUILDING IN PLACE IN TOTAL, THE ONLY THING I WOULD SAY IS BACKING UP IS, UH, THE TOWN IN 1994, IN ITS SECRET FINDINGS DETERMINED THAT, THAT THE, THE PROPERTY WAS NOT HISTORIC.
THERE'S A HISTORIC VALUE TO THAT BUILDING.
UM, AND SINCE THAT TIME, UH, IT'S BEEN BUILT ON A A, AN ENTIRE SITE HAS BEEN BLOWN OUT AND EXPANDED, UH, THE OUTSIDE HAS BEEN, UH, UH, UH, YOU KNOW, THE, THE SIDING ITSELF HAS BEEN CHANGED, ET CETERA.
UM, AND MOST IMPORTANTLY FROM A PLANNING PERSPECTIVE.
AND THAT WAS REALLY WHAT, WHAT, WELL OBVIOUSLY THAT'S THE MOST IMPORTANT THING FROM THIS BOARD AS WELL.
BUT WHAT WE WERE TRYING TO IMPART ONTO THE, TO THE HISTORIC BOARD WAS IF YOU KEEP THE BUILDING IN PLACE, IT UNDERMINES
[02:55:01]
SEVERAL OF, OF THE, OF THE GOALS OF THIS PROJECT.ONE WOULD BE YOU CAN'T USE THAT BUILDING.
YOU CAN'T ASK 80, 85, 90 YEAR OLDS TO WALK UP THAT STAIRWAY OR WALK THROUGH UNEVEN FLOORS.
IT'S JUST TOO DANGEROUS NO MATTER WHAT YOU WOULD DO.
AND SO IT WOULD JUST BE AN EMPTY BUILDING.
SECOND OF ALL, AND PROBABLY MORE IMPORTANT IN, FROM A PLANNING PERSPECTIVE, IF YOU KEEP THE BUILDING IN PLACE, IT MEANS THE ROAD HAS TO GO BACK TO WHERE WE ORIGINALLY PROPOSED IT, IF NOT EVEN FURTHER.
UM, AND A LOT OF THE, THE, UM, WORK THAT WE HAD DONE TO TRY TO ADDRESS THE CONCERNS THAT WERE BROUGHT UP ABOUT SCREENING, ABOUT, ABOUT DISTANCES, THAT WOULD ALL BE KIND OF THROWN OUT.
AND SO FROM A PLANNING PERSPECTIVE, AND THAT'S WHY I DESCRIBED IT AS BEING DISHEARTENED, UM, FROM A PLANNING PERSPECTIVE, WE DIDN'T THINK THAT THAT WAS A GOOD PLANNING APPROACH.
I UNDERSTAND HISTORIC PRESERVATION IS, IS ONE PIECE OF, OF THE PUZZLE THAT YOU NEED TO BALANCE, BUT I THINK THERE ARE OTHER, UH, PRIORITIES HERE.
OBVIOUSLY RESIDENT SAFETY BEING A NUMBER ONE, BUT ALSO FROM A SCREENING PERSPECTIVE THAT, THAT I THINK NEED TO BE BALANCED.
COULD THAT 1994 CCRA BE SHARED WITH US? UH, YES.
I, I THINK WE GOT IT FROM YOU GUYS.
I APPRECIATE, UM, THE TIME THAT YOU GAVE US ARE YOUR UNDERSTANDING.
AND WE WILL SEE YOU NOVEMBER NINE 19TH.
I, I WANTED TO RESPOND TO COMMENT, UM, JUST BECAUSE IT'S CLARIFICATION PROCESS, SO I DO NOT WANNA MESS UP YOUR NAME, BUT MS. U EUGENE.
SO I KNOW YOU REACHED OUT BEFORE REGARDING PROCESS.
I DID PROVIDE AN OVERVIEW, SUGGEST IF YOU HAVE LEGAL QUESTIONS, YOU SHOULD CONSULT WITH ATTORNEY.
BUT YOU WOULD HAVE AN OPPORTUNITY TO SPEAK AT THE TOWN BOARD, NOT DURING THE RECOMMENDATION PROCEDURE FOR THE PLANNING BOARD AT THIS TIME WHEN IT CO WHEN IT, OR IF IT COMES BACK TO THE PLANNING BOARD FOR STEEP SLOPES, YOU WOULD ALSO HAVE AN OPPORTUNITY THAT THAT AS WELL.
SO IT WOULD BE AN OPPORTUNITY WITH THE PLANNING BOARD TO HAVE A FORMAL HEARING WHEN IT'S BACK HERE FOR STEEP SLOPES.
CORRECT? NOT FOR, NOT FOR THE RECOMMENDATIONS.
ALL I CAN DO IS KEEP WRITING LETTERS TO YOU FOLKS, CORRECT? YES.
AND WE DID SEE WHAT YOU DROPPED OFF.
AND THAT'LL BE CIRCULATED AND PROVIDE IF AND WHEN IT GOES IN FRONT OF THE ZONING BOARD, THERE WOULD ALSO BE AN OPPORTUNITY THEN YES.
AT THE TOWN BOARD AND ZONING BOARD AS WELL.
AT ANY TIME WHEN THEY HAVE THE PUBLIC HEARING ON THE PARTICULAR APPLICATION.
SO FOR SITE PLAN, FOR THE TOWN BOARD, FOR THE ZONING, UH, TEXT, UH, ZONING MAP AMENDMENT BEFORE THE TOWN BOARD AND FOR THE ZBA, IT'D BE THE VARIANCES.
BUT THE, UH, UH, WE HAD HAD A, IN THE PAST A, UH, A PUBLIC HEARING FOR GETTING THE COMMENTS ON.
NO, NO, NOT FOR THE RECOMMENDATION, NO.
BUT, BUT DO SEND THEM BECAUSE WE READ THEM.
AND THEY'RE, THEY'RE PART OF THE RECORD FOR THE BOARD AND OKAY.
I'M SORRY, IT'S NOT, WE, WE CAN SPEAK OFFLINE.
HOW DO WE KNOW YOU RECEIVED THEM? I DON'T KNOW.
HOW DO YOU, HOW DO THEY KNOW THAT THEY GOT THE I CONFIRM RECEIPT TO THE APPLICANTS AND THEN I INDICATE RECEIVED THAT NOT ONLY, YEAH.
ARE THE COMMENTS CIRCULATED TO THE BOARD BUT TO THE APPLICANT AND MADE PART OF THE OFFICIAL RECORD FOR THE PROJECT WE RECEIVED THE MATERIALS THAT THE APPLICANT WILL BE SENDING, CAN THOSE BE POSTED ON, ON THOSE CAN BE POSTED ON THE WEBSITE.
AND WE UPDATE THAT UPON RECEIPT OF, CAN BE AND CURRENTLY ARE CORRECT, KEN, AND WILL BE AND WEREN'T ON THERE.
WE, WE, WE CERTAINLY HAVE, WE HAVE THEM HERE TONIGHT, BUT UH, DON'T SEEM TO HAVE TIME TO GO THROUGH THEM, SO.
WE'RE GONNA CLOSE THE MEETING AT 10 13.
THE APPLICANT'S TIME, THE PLANNING BOARD TIME.