* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.
          [00:00:01]
          MADAM CHAIR, WE'RE RECORDING. 
          [   			TOWN OF GREENBURGH 			ZONING BOARD OF APPEALS 			AGENDA 			THURSDAY, October 16, 2025 – 7:00 P.M. 			                  ]
ROLL CALL. 
          ALL RIGHT. 
          WE'RE READY FOR ROLL CALL. 
          THANK YOU. 
          SHOULD WE BEGIN WITH ROLL CALL? ROLL CALL? YES. 
          OKAY. 
          WE'RE GONNA BEGIN OUR REC, OUR ROLL CALL. 
          E BUNTING SMITH. 
          PRESENT. 
          CHRISTIE. 
          NECK. 
          HERE. 
          LOUIS CRITCHLOW. 
          HERE. 
          DIANE BERLEY. 
          HERE. 
          WILLIAM BLAND. 
          PRESENT. 
          SHAUNA JENKINSON. 
          HERE. 
          PETER BLAIR HERE. 
          THAT CONCLUDES OUR ROLL CALL. 
          MADAM CHAIR. 
          THANK YOU. 
          GOOD EVENING ALL. 
          THIS IS THE ZONING BOARD OF APPEALS OCTOBER 16TH, 2025. 
          MEETING OF THE ZONING BOARD OF APPEALS FOR THE TOWN OF GREENBURG. 
          WILL NOW COME TO ORDER. 
          WE HAVE EIGHT CASES SCHEDULED FOR TONIGHT'S MEETING. 
          LOOKING FORWARD, THE ZONING BOARD WILL HAVE OUR NEXT REGULAR MEETING ON THURSDAY, NOVEMBER 20TH. 
          PLEASE MARK YOUR CAL CALENDAR ACCORDINGLY. 
          BECAUSE OF THE NUMBER OF CASES WE NEED TO HEAR TONIGHT, WE MAY LIMIT AND PROBABLY WILL, UH, LIMIT TIME TO EACH CASE. 
          IF WE CANNOT FINISH HEARING A CASE, IT WILL BE ADJOURNED TO ANOTHER MEETING TO BE COMPLETED AT THAT TIME. 
          WE CAN'T HEAR YOU. 
          YOU CAN'T HEAR ME AT ALL. 
          I'M ON. 
          SO THERE'S A LITTLE BIT OF ECHO. 
          WE'VE GOT THE PROBLEM WITH FEEDBACK WITH THE BIKE, SO MAYBE WE JUST NEED TO WAIT A MINUTE. 
          OKAY. 
          TO WORK ON IT. 
          ALL RIGHT. 
          KIRA'S MACHINE. 
          HERE'S MACHINE NEEDS TO BE PUT ON THE AUDIO OFF. 
          YOU NEED IT. 
          KIRA'S MACHINE. 
          I THINK THAT'S THE ISSUE. 
          KIRA'S MACHINE. 
          OH, OKAY. 
          ALL NOT ON THE COMPUTER THOUGH. 
          IT'S ON THE COMPUTER. 
          IT NEEDS TO GO. 
          SHOULD I START OVER? WELL, WE COULD START A LITTLE ECHO. 
          HAVE THEIR AUDIO OR ZOOM ON. 
          ZOOM ON A MIC CHECK. 
          CHECK YOU, YOU CAN EXIT FROM THE ZOOM AND THEN RE-ENTER. 
          BUT DON'T ACTIVATE THE AUDIO FROM THAT MACHINE TO GO BACK UPSTAIRS. 
          THE AUDIO'S NOT ON THIS COMPUTER. 
          ARE WE STILL HEARING THE ECHO? YEAH. 
          YEAH. 
          ONLY COMING OUT OF THIS COMPUTER SPEAKER. 
          HELLO? TEST TEST. 
          YEAH, I CAN CONTROL IT PROPERLY. 
          DID YOU BREAK IT? , CAN WE JUST TURN THE SOUND OFF AT THE, HOW ABOUT THE VOLUME ALL THE WAY DOWN. 
          VOLUME TWO. 
          OKAY. 
          THAT'S ALL I HAD. 
          ME TOO. 
          TESTING WHAT TO, ALRIGHT, WE GOT IT. 
          ALRIGHT. 
          AND WE'RE BACK AT BUSINESS. 
          SHOULD I REPEAT IT? I THINK WE'RE GOOD. 
          YEAH. 
          'CAUSE PEOPLE COULDN'T HEAR. 
          YEAH. 
          ALL RIGHT. 
          CAN YOU HEAR ME NOW? OKAY. 
          THE MEETING OF THE ZONING BOARD FOR THE APPEALS FOR THE TOWN OF GREENBURG IS NOW COME TO ORDER. 
          WE HAVE EIGHT CASES SCHEDULED FOR TONIGHT'S MEETING. 
          LOOKING FORWARD, THE ZONING BOARD WILL HAVE OUR NEXT REGULAR MEETING ON THURSDAY, NOVEMBER 20TH. 
          PLEASE MARK YOUR CALENDAR ACCORDINGLY. 
          BECAUSE OF THE NUMBER OF CASES WE NEED TO HEAR TONIGHT, WE MAY LIMIT THE TIME TO HEAR EACH CASE. 
          AND IF WE CANNOT FINISH HEARING A CASE, IT WILL BE ADJOURNED TO ANOTHER MEETING TO BE COMPLETED. 
          HOPEFULLY AT THAT TIME, AS IN THE PAST, IN ORDER TO SAVE TIME, WE WILL WAIVE A READING OF THE PROPERTY LOCATION AND THE RELIEF SOUGHT FOR EACH CASE. 
          HOWEVER, THE REPORTER WILL INSERT THIS INFORMATION IN THE RECORD. 
          THIS INFORMATION ALSO APPEARS IN THE AGENDA FOR TONIGHT'S MEETING. 
          AFTER THE PUBLIC HEARING OF TONIGHT'S CASES, THE BOARD WILL MEET TO DISCUSS EACH CASE. 
          EVERYONE IS WELCOME TO LISTEN TO OUR DELIBERATIONS, BUT THE PUBLIC WILL NOT BE PERMITTED TO SPEAK OR PARTICIPATE AT THAT TIME. 
          AFTER ALL OUR DELIBERATIONS ON ALL THE CASES, WE WILL NOT ANNOUNCE THE BOARD'S DECISION FOR THE FORMAL RECORD AND TO HAVE IT BROADCAST TO THE COMMUNITY. 
          IF YOU'RE GOING TO SPEAK TONIGHT, YOU MUST COME UP TO THE MICROPHONE AND STATE YOUR NAME AND ADDRESS AND YOUR PROFESSIONAL AFFILIATION. 
          WE HAVE HEARD TESTIMONY ON SOME OF THESE CASES AT PRIOR MEETINGS. 
          [00:05:01]
ALL PRIOR TESTIMONY IS ALREADY IN THE RECORD AND SHOULD NOT BE REPEATED. 
          THE FIRST CASE WE WILL HEAR TESTIMONY ON TONIGHT IS CASE 25 30 KAI RESTAURANT GROUP, L-L-C-A-K-A 13 25 13. 
          RIGHT. 
          UM, THAT'S TACO BELL AT 57 NORTH CENTRAL AVENUE. 
          I KNOW THAT THERE ARE A LOT OF PEOPLE HERE WHO ARE INTERESTED IN THIS CASE. 
          COULD I GET A SHOW OF HANDS? . 
          ALRIGHT. 
          WE OBVIOUSLY HOPE THAT YOU'LL PICK OUT SOMEONE WHO IS GOING TO NOT , UM, THAT, THAT CAN, YOU KNOW, GIVE US WHAT THE MAJORITY OF IT, THAT THE, THE NUMBER OF PEOPLE WE HAVE HERE. 
          UH, I ASSUME HAVE HAD SOME KIND OF MEETINGS AND CAN PERHAPS HAVE A SPOKESPERSON SO THAT WE CAN, CAN MAKE SURE WE HEAR ALL OF THE THINGS THAT YOU HAVE CONCERNS ABOUT, BUT AT THE SAME TIME, BE ABLE TO ALLOW OTHER CASES WE HAVE THAT WE HAVE TO DEAL WITH THIS EVENING. 
          SO I BELIEVE THAT SINCE THIS CASE WAS ADJOURNED PREVIOUSLY, THAT THERE SHOULD BE SOME CHANGES THAT WE HAVE THAT HOPEFULLY YOU CAN LISTEN TO AND INTEGRATE INTO WHAT YOUR CONCERNS WOULD BE THIS EVENING. 
          THANK YOU. 
          GOOD EVENING, MADAM CHAIR, MEMBERS OF THE BOARD. 
          MADAM CHAIR, MY CONDOLENCES ON YOUR RECENT LOSS. 
          I'M GLAD YOU'RE HERE THIS EVENING. 
          THANK YOU. 
          UH, DAVID STEINMETZ FROM THE LAW FIRM OF ZAIN STEINMETZ HERE THIS EVENING. 
          ON BEHALF OF KAI RESTAURANT GROUP, I AM JOINED THIS EVENING BY MY CLIENT, OVV PATEL. 
          UM, OUR PROJECT ENGINEERS, PAUL DUMONT AND MARK RO AND MY, UH, COLLEAGUE MATT BARONS. 
          WE WERE LAST HERE ON, UM, SEPTEMBER 18TH. 
          WE HEARD COMMENTS FROM THE BOARD MEMBERS. 
          WE HEARD COMMENTS FROM SOME MEMBERS OF THE PUBLIC. 
          WE HAVE RECEIVED A, UH, VARIETY OF WRITTEN, UM, COMMENTS. 
          WE HAVE REVIEWED ALL OF THAT. 
          AND AS THE CHAIR INDICATED IN THE ENSUING MONTH, WE HAVE MADE A, A NUMBER OF CHANGES. 
          I KNOW THERE'S A LOT OF PEOPLE. 
          I KNOW YOU HAVE A LONG AGENDA. 
          WE, I'M GOING TO TRY TO BE AS EFFICIENT AS POSSIBLE, UM, AND FOCUS ON THE THINGS WE NEED TO. 
          WE MADE A NUMBER OF CHANGES. 
          UM, FIRST AND FOREMOST, WE, UM, REDUCED A NUMBER OF THE SIGNS. 
          UM, WE CAN GO THROUGH THOSE, BUT I THINK YOU ALL KNOW YOU GOT A REVISED DENIAL LETTER FROM LIZ AND THE BUILDING DEPARTMENT INDICATING THAT WE HAVE ELIMINATED A NUMBER OF THE SIGNAGE VARIANCES. 
          WE REDUCED THE HEIGHT OF THE TOWER, UH, ONE OF THE PHYSICAL, UH, FEATURES ON THE FRONT OF THE BUILDING. 
          UH, THAT WAS A DISCUSSION ITEM WITH THE BOARD LAST MONTH. 
          UM, WE HAVE BROUGHT IT DOWN BY THREE FEET. 
          SO IT IS ONLY ABOUT ONE FOOT ABOVE, UM, THE AMOUNT ALLOWED. 
          AND, UM, AS I SAID, WE ELIMINATED FIVE, UM, SIGNAGE VARIANCES. 
          WE HAD COMMENTS LAST TIME ABOUT SOME OF THE PARKING SPACES THAT WERE TOWARDS THE FRONT OF THE PROPERTY AND WHETHER THEY COULD BE RESTRICTED, UH, FOR EMPLOYEES ONLY TO MINIMIZE VEHICULAR MOVEMENT IN THOSE SPACES. 
          MY CLIENT IS WILLING TO, UM, RESTRICT THEM IN THAT FASHION AND SIGN THOSE, UM, APPROPRIATELY. 
          SO IT SAYS EMPLOYEE PARKING ONLY. 
          WE GOT A QUESTION OR A COMMENT FROM MS. OBLI ABOUT, UM, THE CHURCH ACROSS THE STREET AND TAKING SOME ADDITIONAL TRAFFIC COUNTS. 
          ADDITIONAL TRAFFIC COUNTS WERE TAKEN. 
          INFORMATION HAS BEEN SUBMITTED TO YOU. 
          MARK IS HERE TO ADDRESS THAT. 
          I WILL SIMPLY SUMMARIZE AND SAY, UH, BASED UPON THE INFORMATION, UH, THAT WE TOOK AND THE COUNTS THAT WE TOOK, THERE IS NO SIGNIFICANT ADVERSE IMPACT, UM, ASSOCIATED WITH, UH, THE CHURCH MOVEMENTS. 
          AND, UM, WE PROVIDED SOME INFORMATION IN OUR RESPONSE LETTERS. 
          IN TERMS OF, UH, A CROSS SECTION, I THINK MR. BLAND ASKED FOR A CROSS SECTION THAT WAS PERFORMED, UH, BY JMC SHOWING THE RELATIVE HEIGHT AND LOCATIONS OF OUR DRIVE THROUGH WINDOW, THE DRIVE THROUGH LANE, THE SOUND ATTENUATION BARRIER, THE PARKING LOT ASSOCIATED WITH HARTSDALE GARDENS, AND WHERE HARTSDALE GARDENS, UH, BUILDING PHYSICALLY IS. 
          AND IT'S, I I BELIEVE IT'S ABOUT 105, 106 FEET, UH, FROM THE EDGE OF, OF OUR BUILDING. 
          UM, WE ALSO, UM, GOT A NUMBER OF COMMENTS FROM YOU, UH, AS WELL AS FROM THE PUBLIC ABOUT LATE NIGHT ACTIVITIES AND, AND LEGITIMATE CONCERNS THAT OUR NEIGHBORS HAVE ABOUT, UM, THE POSSIBILITY OF NOISE AND PEOPLE BEING THERE IN THE EVENING. 
          WE SUBMITTED THAT DATA. 
          WE ACTUALLY, UM, MADAM CHAIR, SO YOU AND THE BOARD MEMBERS WHO MAY NOT HAVE BEEN HERE KNOW, AS I INDICATED, MR. PATEL, UM, AND HIS ENTITY OWN A NUMBER OF TACO BELLS. 
          THIS IS NOT THE ONLY TACO BELL, UH, IN WHICH HE HAS A, AN INTEREST. 
          UM, SO WE WERE ABLE TO GATHER EMPIRICAL DATA ON A NUMBER OF TACO BELL LOCATIONS IN TERMS OF EVENING ACTIVITY, HOW MANY VEHICLES, HOW MANY CUSTOMERS COME THROUGH AFTER 10 O'CLOCK. 
          I WILL LET MY, UH, MY TEAM HIT THAT, BUT THE NUMBERS ARE FAR FEWER THAN WE ALL MIGHT HAVE THOUGHT. 
          AND, UM, WE WILL, WE WILL SPEAK TO THAT. 
          I ALSO HAVE, UM, I HAVE NO CHOICE BUT TO RESPOND TO, UM, UH, MY COLLEAGUE RAY MALLET'S, UH, VARIOUS LEGAL SUBMISSIONS. 
          SO I'M GONNA TRY TO HIT THAT, UM, AS QUICKLY AS I CAN. 
          FIRST 
          [00:10:01]
AND FOREMOST, AS I SAID LAST MEETING, THIS APPLICATION HAS ALREADY BEEN THROUGH THE PLANNING BOARD PROCESS. 
          IT HAS BEEN THROUGH THE NEW YORK STATE ENVIRONMENTAL QUALITY REVIEW ACT, AND THE PLANNING BOARD AS LEAD AGENCY UNDER CCRA, HAS ALREADY ISSUED A BINDING DETERMINATION THAT THERE IS NO SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACT ASSOCIATED WITH THIS APPLICATION AND WHAT THEY ARE PROPOSING TO DO ON THIS PROPERTY. 
          WE GOT A COMMENT, UM, THAT THE SITE IS PRESENTLY NON-CONFORMING. 
          UM, AND THAT AS A RESULT OF THE FACT THAT THERE ARE NON COMPLYING BULK OR NON COMPLYING MEASUREMENTS, WE CAN'T, MY CLIENT CAN'T APPLY FOR VARIANCES. 
          AND THAT WAS ASSERTED VERBALLY AND IN WRITING. 
          UM, I, I HAVE TO SIMPLY SAY THAT THAT IS FLAT OUT INCORRECT. 
          UM, WE HAVE EVERY RIGHT TO TAKE DOWN THE BUILDING AND INSTALL A NEW BUILDING AND APPLY FOR VARIANCES. 
          THAT HAS BEEN CONFIRMED BY MR. LIEBERMAN WITH WHOM I HAVE SPOKEN, AND THAT IT IS OUR LEGAL POSITION. 
          WE HAVE EVERY RIGHT TO PURSUE THIS. 
          IN ADDITION, THE NEIGHBORS ARGUE THAT THE NON-CONFORMITY PROVISIONS SOMEHOW RESTRICT YOUR ABILITY TO GRANT VARIANCES. 
          AND I, I STRANGELY, UM, THEY CITE TO A 1935, UH, CASE OUTTA THE NEW YORK STATE COURT OF APPEALS IN THE ENSUING 90 YEARS SINCE 1935. 
          UH, THE STATUTORY FRAMEWORK FOR GRANTING VARIANCES CHANGED IN THE STATE OF NEW YORK IN 1993. 
          I THINK YOU ARE ALL WELL AWARE, UM, SASO VERSUS OSGOOD, UH, WAS ISSUED BY THE STATE OF NEW YORK COURT OF APPEALS. 
          AND THE FIVE FACTOR BALANCING TEST BECAME CODIFIED, UM, AS THE STATUTORY REQUIREMENT. 
          SO WE HAVE EVERY RIGHT TO APPEAR IN FRONT OF YOU AND PROVE UP THE VARIANCES. 
          AND THERE IS NOTHING WRONG WITH THE FACT THAT THE SITE PREVIOUSLY, UM, USED TO BE NON-CONFORMING OR PRESENTLY IS NON-COMPLIANT. 
          UM, THE NUMBER OF VARIANCES WE GOT A NUMBER OF COMMENTS THAT, WOW, THEY'RE ASKING FOR SO MANY VARIANCES. 
          HERE. 
          THERE IS CASE LAW THAT SAYS THAT, UH, YOUR BOARD IS NOT TO DENY VARIANCES BASED UPON THE FACT THAT THERE ARE A NUMBER OF VARIANCES. 
          IN FACT, IT IS IMPORTANT THAT YOU TAKE INTO ACCOUNT THE CONTEXT. 
          JUST LIKE THE BALANCING TEST. 
          IT'S THE QUESTION OF THE IMPACT THE CHARACTER OF THE NEIGHBORHOOD, UM, SIGNIFICANTLY. 
          UM, A NUMBER OF THE PROPERTIES IN THIS SECTION OF CENTRAL AVENUE ARE PREEXISTING, LEGAL, NON-CONFORMING, OR NON-COMPLIANT. 
          AFTER YOUR MEETING, WE TOOK A STEP BACK AND LOOKED AT EVERYTHING AROUND THIS SITE. 
          VIRTUALLY EVERY SINGLE PROPERTY TO OUR NORTH AND TO OUR SOUTH AND TO OUR EAST DOESN'T COMPLY WITH SOMETHING. 
          UM, THERE ARE MANY SITES THAT HAVE SIGNIFICANT DIMENSIONAL, UH, NON-COMPLIANCES. 
          AND I, I WANNA STATE FOR THE RECORD THAT MY CLIENT HAS ABSOLUTELY NO ILL WILL OR, UM, NEGATIVE FEELINGS TOWARDS HARTSDALE GARDENS AND MEANS NO DISRESPECT BY WHAT I'M ABOUT TO SAY, BUT I HAVE A FEELING THAT OUR NEIGHBORS AT HARTSDALE GARDENS MAY NOT REALIZE THAT BUILDING PROBABLY HAS THE SINGLE MOST QUANTITATIVE NUMBER OF NONCONFORMITIES OF ANY OTHER STRUCTURE WITHIN A QUARTER MILE. 
          THERE ARE 14 NONCONFORMITIES PRESENT IN THAT BUILDING. 
          MASSIVE DEVIATIONS IN THE FRONT YARD SETBACK, REAR YARD SETBACK. 
          I BELIEVE THERE'S ALSO NONCOMPLIANCE WITH REGARD TO HEIGHT OF THE STRUCTURE AS WELL. 
          I SIMPLY STATE THAT FOR OUR NEIGHBORS TO, AND THEIR COUNSEL TO REPEATEDLY POINT OUT THAT OUR MY CLIENT'S SITE IS PRE-EXISTING NON-COMP COMPLYING IN SOME FASHION IS SORT OF IRONIC BECAUSE THEIR SITE, THE GAS STATION, THE SUBWAY, THE THINGS ACROSS THE STREET FROM US, NONE OF THEM COMPLY. 
          AND THERE'S A SIMPLE LAND USE REASON WHY THIS AREA EVOLVED AT A PERIOD OF TIME. 
          AND THE TOWN OF GREENBERG ADOPTED ZONING THEREAFTER AND CREATED NON-COMPLIANCES WITH THE CA ZONING DISTRICT. 
          THAT IS EXACTLY WHY WE ARE HERE TRYING TO SECURE LAWFUL PERMISSION TO MAKE THE SITE BETTER, TO IMPROVE THE SITE WITH ITS CURB CUTS AND TO USE IT IN A LAWFUL FASHION. 
          I WANNA MAKE SURE THAT THE RECORD IS CLEAR. 
          'CAUSE THERE WERE SOME THINGS IN SOME OF THE WRITTEN COMMUNICATIONS. 
          HAVING A QUICK SERVICE RESTAURANT ON THIS PROPERTY IS ENTIRELY LAWFUL ON THIS PROPERTY. 
          IT IS A LEGISLATIVE DETERMINATION THAT HAS BEEN MADE BY THE TOWN OF GREENBURG THAT THIS USE CAN BE HERE. 
          IT'S NOT WRONG FOR THIS USE TO BE HERE. 
          IT'S IN A MIXED USE CORRIDOR. 
          WE FULLY UNDERSTAND OUR RE OUR NEIGHBORS ARE RESIDENTIAL. 
          WE FULLY UNDERSTAND WE MUST COMPLY WITH THE NOISE ORDINANCE, COMPLY WITH ANY KIND OF NUISANCE REQUIREMENTS, IMPLEMENT LANDSCAPING THAT SHOULD BE ON THIS PROPERTY, DESPITE THE FACT THAT MANY OF OUR NEIGHBORS DON'T HAVE THAT FRONT YARD LANDSCAPING TO MAKE, UM, TO MAKE CENTRAL AVENUE AS ATTRACTIVE AS IT COULD BE. 
          NOISE ADJUSTING ORDER BOARD. 
          UM, YOU GO TO THE DRIVE THROUGH 
          [00:15:01]
THE DRIVE THROUGH BOARD, YOU HEAR THAT LITTLE VOICE FROM THE OTHER SIDE. 
          THIS IS A STATE-OF-THE-ART DRIVE THROUGH BOARD THAT HAS A, UH, COMPUTER ADJUSTMENT BASED UPON TIME OF DAY AND THE NEED FOR BACKGROUND AMBIENT NOISE. 
          UM, THERE IS A SOUND ATTENUATING NOISE BARRIER BETWEEN OUR PROPERTY AND OUR NEIGHBORS 100 FEET AWAY. 
          I I, WE MENTIONED AT THE LAST MEETING, AND I COMMEND YOU TO GO TAKE A LOOK AT IT. 
          SIMILAR QUESTION, COME UP WITH REGARD TO A, UM, A TACO BELL THAT WAS APPROVED IN THE VILLAGE OF BRIARCLIFF MANOR. 
          WE WENT THROUGH A PROCESS IN THE VILLAGE OF BRIARCLIFF MANOR. 
          THERE HAVE BEEN ABSOLUTELY NO COMPLAINTS ASSOCIATED WITH THAT DRIVE THROUGH AND THAT TACO BELL. 
          AND IRONICALLY, I HAPPEN TO HAVE THE, THE OPPORTUNITY TO DRIVE AND GO SEE IT IN THE ENSUING MONTH. 
          GO TAKE A LOOK AT IT BECAUSE WHAT OVV HAS DONE IN MOHEGAN LAKE, IN YORKTOWN, IN CORTLAND, IN BRIARCLIFF, THESE ARE REALLY NICE BUSINESS ESTABLISHMENTS. 
          YOU SHOULD BE AWARE OF THAT. 
          UM, RESTRICTING THE USE TO TACO BELL. 
          WE EXPLAINED LAST TIME THAT OUR TRAFFIC DATA AND OUR VEHICULAR MOVEMENTS ARE PR. 
          AND THE REASON WE BELIEVE THE SITE WORKS, DESPITE THE FACT THAT IT DOESN'T HAVE THE REQUISITE NUMBER OF PARDON SPACES, LIKE OUR NEIGHBOR DOESN'T HAVE THE REQUISITE NUMBER OF PARDON SPACES UNDER ZONING. 
          WE BELIEVE THE FACT THAT THE USE IS SO HEAVILY PREDICATED UPON DRIVE-THROUGH IS THE REASON THAT THIS SITE CAN WORK. 
          SO AS WE PROCESSED IN FRONT OF THE LEAD AGENCY WITH MS. MAGANA THERE AS COUNSEL, THE DISCUSSION WITH THE PLANNING BOARD TOOK PLACE THAT WE WERE WILLING TO RESTRICT THE PROPERTY AND THE VARIANCES WE'RE ASKING FOR TO A TACO BELL OR A HIGH DRIVE THROUGH UTILIZATION USE. 
          MY ADVERSARY HAS SUBMITTED TO YOU INFORMATION SAYING, THAT'S UNLAWFUL. 
          SHE'S RIGHT AND SHE'S WRONG. 
          SHE'S RIGHT. 
          YOU CAN'T IMPOSE THAT CONDITION ON US. 
          THE GOVERNMENT CAN'T TELL ME THAT THE ONLY USER OF THIS PROPERTY SHALL BE TACO BELL. 
          YOU CAN'T IMPOSE THAT CONDITION. 
          THAT WOULD BE AN UNLAWFUL EXERCISE. 
          SHE'S WRONG. 
          I CAN VOLUNTARILY OFFER THAT. 
          THAT'S WHY YOUR PLANNING BOARD CRAFTED THAT. 
          THAT'S WHY WE DISCUSSED IT WITH THEIR COUNCIL. 
          THAT'S WHY WE APPROACH YOU WITH SOMETHING THAT'S KIND OF UNUSUAL. 
          WE'LL TAKE THE VARIANCES AND WE'LL LIMIT THEM TO A TACO BELL USE. 
          WE WILL MEMORIALIZE THAT IN THE RESOLUTION. 
          I'M WILLING TO HAVE YOU MEMORIALIZE THAT ON THE FACE OF THE CERTIFICATE OF OCCUPANCY. 
          WE GET IT. 
          WE'RE ASKING FOR SOMETHING THAT'S TIED TO THIS PARTICULAR USE. 
          A VERY NARROW FOCUS. 
          NOT EVERY QUICK SERVICE MAY SERVICE, MAY CHECK THE BOX, MCDONALD'S MAY NOT CHECK THE BOX, ET CETERA. 
          SO WHAT WE ARE PROPOSING IN THAT CONDITION, LAWFUL CONFIRM THAT WITH YOUR COUNSEL FROM FINALLY, UM, PAUL AND MARK ARE GONNA GO THROUGH A COUPLE OF THINGS. 
          UM, SPECIFICALLY WITH, WITH REGARD TO TACO BELL AND MR. PATEL'S EXPERIENCE. 
          THE SEATING INSIDE THE RESTAURANT CLOSES AT 10:00 PM THERE IS A MANAGER ON DUTY, BUT PEOPLE AREN'T COMING IN AND OUT OF THE RESTAURANT AT THAT POINT. 
          IT'S A DRIVE THROUGH. 
          PEOPLE CAN GET THEIR ORDERS. 
          WE HAVE THE DATA OF HOW MANY PEOPLE ACTUALLY DRIVE THROUGH ON WEEKDAYS AND ON WEEKENDS. 
          AND I THINK THE NUMBERS ARE GONNA BE STAGGERINGLY LOWER THAN YOU WHAT YOU MIGHT HAVE OTHERWISE THOUGHT. 
          AND I'LL, I'LL LET YOU GUYS COVER THAT. 
          UM, THE CHURCH DATA, THE SAME THING. 
          UM, WE DON'T BELIEVE THAT, UH, THIS USE AND THE VEHICLE, THE VEHICULAR MOVEMENT ASSOCIATED WITH THE TACO BELL WILL EXACERBATE ANY OF THE MOVEMENTS WITH REGARD AND THE PARKING SITUATION FOR THE CHURCH. 
          FINALLY, WE GOT A WHOLE BUNCH OF INTERESTING COMMUNICATIONS ABOUT, UM, THE NEW YORK STATE, DOT. 
          UM, ONE OF THE MORE OF THE COMMUNICATIONS SEEMED TO INDICATE THAT THERE WAS SOME IMPROPRIETY THAT WENT ON WITH REGARD TO THE COMMUNICATIONS WITH THE DOT. 
          MARK'S GONNA EXPLAIN THE SEQUENCE OF EVENTS WITH THE FOLKS IN THE REGIONAL OFFICE AT THE DOT WITH WHOM WE AS PROFESSIONALS ENGAGE QUITE FREQUENTLY ON TRAFFIC. 
          STU STUDIES HIGHWAY WORK PERMITS. 
          AND THEY HAD NOT REVIEWED THE DATA THAT JMC PREPARED. 
          ONCE THEY REVIEWED THE DATA, THEY REISSUED THEIR LETTER. 
          THERE WAS NOTHING INAPPROPRIATE. 
          YOUR CONSULTANT, MR. CANNING, REVIEWED THAT AND SIGNED OFF ON THAT. 
          SO, IN SUM, WE BELIEVE THAT WE HAVE A RECORD BEFORE YOU OF A USE THAT CAN ACTUALLY FIT ON THIS UNIQUE GEO GEOMETRIC PROPERTY. 
          SO THERE'S NO QUESTION THIS IS NOT A LARGE SITE. 
          THERE'S NO QUESTION. 
          MOST OF THE PROPERTIES IN THAT, UH, CORRIDOR OF CENTRAL AVENUE ARE CHALLENGED FROM A MATHEMATICAL STANDPOINT. 
          IT DOESN'T MAKE THEM IMPROPER. 
          AND IN FACT, THIS USE IS ALLOWED ON THAT PROPERTY. 
          THAT'S WHY DESPITE 
          [00:20:01]
ALL THE VARIANCES THAT WE HAVE APPLIED FOR, THERE'S NOTHING THAT CAME OUT OF THE BUILDING DEPARTMENT THAT SAID YOU NEED A USE VARIANCE, MR. PATEL. 
          YOU'RE NOT ALLOWED TO BE HERE WITH A QUICK SERVICE RESTAURANT. 
          SO WITH THAT, I'M GONNA BRIEFLY TURN IT OVER TO MARK FIRST TO COVER DOT AND THE NIGHTTIME MOVEMENTS. 
          AND THEN ANYTHING ELSE WE WANNA COVER, JUST TO MAKE SURE THE BOARD IS CLEAR, IF YOU HAVE QUESTIONS ON THE SIGNS THAT WE REMOVED OR WHY WE REMOVED THEM. 
          IF YOU HAVE QUESTIONS ABOUT THE HEIGHT OF THAT TOWER THAT WE REDUCED FIRE AWAY, WE WANNA MAKE SURE YOU'RE CLEAR. 
          UH, BUT WE'RE EXCITED TO BRING THIS TACO BELL, UM, TO GREENBERG. 
          UH, GOOD EVENING, UH, CHAIR AND MEMBERS OF THE BOARD, SORRY, I'LL BE BRIEF. 
          UH, MARK PETRO FROM JMC, UH, FOR THE RECORD AS, UH, WAS PREVIOUSLY STATED BY, UH, MR. UH, STEINMAN. 
          UM, AS IT RELATES TO DOT. 
          JUST TO GIVE EVERYONE A TIMELINE, I KNOW THERE WAS AN EMAIL THAT WAS PROVIDED. 
          THIS IS THE CORRESPONDENCE WE HAD WITH DOT. 
          SO WE IN DID INITIAL SUBMISSION TO NEW YORK STATE DOT ON, UH, MARCH 17TH, 2025, WHERE WE INITIALLY INITIATED THE HIGHWAY WORK PERMIT PROCESS. 
          WE PROVIDED OUR MATERIALS TO THEM, TRAFFIC STUDY AND OTHER MATERIALS, UH, SITE PLANS. 
          UH, THEY DID PROVIDE A RESPONSE TO US IN AN EMAIL, UH, 7 1 20 25, UH, WHERE THEY DISCUSSED ABOUT WANTING TO RESTRICT THE DRIVEWAY FROM A TO A RIDE AND WRITE OUT DRIVEWAY. 
          UH, IN THAT EMAIL, UH, THERE WERE SOME INCONSISTENCIES WITH THE MATERIALS THAT WE HAD PROVIDED. 
          SO WE PROVIDED A CLARIFICATION EMAIL THAT SAME DAY WHERE WE DISCUSSED SOME, UH, NUMBERS THAT WERE INCORRECT IN THE DOT'S EMAIL, AND TALKED ABOUT OTHER ASPECTS OF, UH, COUNTS THAT WE DID OF THE HAWK SIGNAL, WHICH IS THE PEDESTRIAN SIGNALED CROSSING JUST THE NORTH ON CENTRAL PARK AVENUE, AS WELL AS THE FIGURE THAT THAT SHOWED THE EXISTING, UH, TURNING RESTRICTIONS AS FAR AS THE LOCATION ALONG CENTRAL PARK AVENUE IN THEIR DRIVEWAYS. 
          UM, SUBSEQUENTLY WE DID HAVE A MEETING WITH DOT BASED ON THAT EMAIL THAT I SENT TO THEM, UH, ON, UH, A VIRTUAL MEETING ON 7 17 20 25, WHERE WE JUST DISCUSSED WHAT WE PRESENTED IN THAT EMAIL THAT I RESPONDED TO THEM ON WITH THOSE CLARIFICATIONS. 
          AND BASED ON THOSE CLARIFICATIONS AND THOSE MATERIALS I PROVIDED TO THEM, THEY WERE ACCEPTABLE OF THE, OF THE DESIGN AS PROPOSED ON THE PLANS AS FAR AS THE, UH, DRIVEWAY LOCATION AND NO RESTRICTIONS, UH, ON THE DRIVEWAY FOR TURNS. 
          UH, SO THEY DID ALLOW US TO PROCEED TO STAGE TWO OF THE HIGHWAY WORK PERMIT PROCESS, WHICH IS ACTUALLY THE DETAILED DESIGN DRAWING PORTION OF THE PROJECT, WHICH IS WHERE YOU PRESENT THE CONSTRUCTION DRAWINGS, UH, FOR THE REVIEW FOR MORE OF A, A, A MORE DETAILED REVIEW FOR CONSTRUCTION PURPOSES. 
          UM, AND WAS NOTED, THE LAST THING I'LL JUST MENTION IS WE DID, UH, BASED ON CONCERNS OF THE BOARD, UH, WE DID CONDUCT, UH, RECENT COUNTS AT THE FOUR CORNERS INTERSECTION, UH, WITH, UH, CONSIDERATION OF THE NEARBY CHURCH ACTIVITIES. 
          UM, SO WE CONDUCTED COUNTS ON THURSDAY 9 25, UH, FROM FOUR TO 8:00 PM SATURDAY, WE COUNTED IN TWO TIME PERIODS. 
          THIS IS ON, UH, 9 27. 
          UH, WE COUNTED FROM 12 TO 2:00 PM AND FROM FOUR 30 TO 7:00 PM ON SUNDAY, WE COUNT. 
          THIS IS, UH, SEPTEMBER 28TH. 
          WE COUNTED FROM NINE 30 TO 12:00 PM. 
          UM, SO BASED ON THOSE COUNT PERIODS, WE THEN INDIVIDUALLY LOOKED AND COMPARED HOW THOSE PEAK HOUR VOLUMES DURING THOSE COUNTED PERIODS COMPARED TO WHAT WE HAD IN OUR TRAFFIC STUDY. 
          SO DURING THE WEEKDAY PM HOUR, OUR EXISTING COUNTS FROM OUR TRAFFIC STUDY AND THE COUNTS FROM 2025. 
          THE 2025 VOLUMES WERE ACTUALLY LOWER BY 4.6%. 
          UH, OVERALL AT THE INTERSECTION THERE SATURDAY, THE MIDDAY, UH, THE 2025 VOLUMES VERSUS THE 2024 VOLUMES THAT WE HAD IN OUR STUDY. 
          UH, THE 2025 VOLUMES WERE 172 VEHICLES MORE THAN OUR 2024. 
          AND BASED ON THAT, WE REDID AN ANALYSIS, WE DID A SENSITIVITY ANALYSIS WHERE WE WENT THROUGH THE SAME PROCESS AS WE DID IN THE TRAFFIC STUDY, BUT WE USED THOSE NEW 2025 COUNTS. 
          UM, SO WE PROJECTED OUT TO THE DESIGN YEAR SIMILAR AS WE DID IN THE TRAFFIC STUDY BASED ON THAT NEW DATA FROM 2025. 
          AND WHAT THE RESULTS ARE, AND THEY'RE IN THE SUBMISSION MATERIALS, IS THAT THERE'S NO CHANGE IN LEVEL SERVICE, UH, AT ANY OF THE MOVEMENTS AT THE FOUR CORNERS INTERSECTION BETWEEN THE NO BUILD AND THE BUILD CONDITION. 
          AND AGAIN, JUST TO REFRESH THE BOARD'S MEMORY, THE BUILD CONDITION IS THE TRAFFIC VOLUMES IN THE DESIGN YEAR WITH THE DEVELOPMENT AND NO BUILD IS THE TRAFFIC VOLUMES IN THE FUTURE WITHOUT THE DEVELOPMENT. 
          UM, AND THEN WE SIMILARLY DID TWO MORE COMPARISONS. 
          SO WE DID THE SATURDAY EVENING COUNT, WHICH WE DID IN 2025 HERE, THIS JUST LAST MONTH. 
          UM, SINCE WE DIDN'T HAVE A SATURDAY COMPARISON EVENING ONE, WE COMPARED IT TO A WEEKDAY EVENING ONE FROM OUR STUDY. 
          SO SATURDAY PM TO WEEKDAY PM WE COMPARED IT. 
          THE 2025 VOLUMES WERE 
          [00:25:01]
ONLY EIGHT VEHICLES HIGHER THAN A 2024 IN A WEEKDAY. 
          AND SO NOT A SUBSTANTIAL CHANGE THERE WOULDN'T REALLY BE, UH, NOTICED OR PERCEIVED, UH, THE SAT THE SUNDAY VOLUMES THAT WE COUNTED, UH, AGAIN, WE DIDN'T HAVE A SUNDAY VOLUME OR OUR TRAFFIC STUDY, BUT WE COMPARED 'EM TO A SUNDAY, SATURDAY MIDDAY THAT WE HAD IN OUR TRAFFIC STUDY. 
          AND BASED ON THAT, THE 2025 VOLUMES WERE ALMOST 10% LESS THAN OUR SATURDAY MIDDAY VOLUMES IN OUR TRAFFIC STUDY. 
          SO OVERALL, THERE ISN'T REALLY MUCH OF A CHANGE. 
          IT'S REALLY THE VOLUMES NOW, ACTUALLY A LITTLE BIT LESS THAN WHAT WE COUNTED EXCEPT FOR THE SATURDAY MIDDAY, WHICH WE REDID THE ANALYSIS, UM, AND DETERMINED THERE'S NO CHANGE IN LEVEL SERVICE BETWEEN BUILD AND NO BUILD CONDITIONS. 
          UM, THAT'S REALLY THE SUMMARY. 
          I JUST TRYING TO BE BRIEF. 
          I KNOW YOU HAVE A LONG AGENDA, SO I'LL LEAVE IT TO THAT. 
          UM, AND I'LL PAUL FROM, OH, SORRY, YOU HAVE A QUESTION FOR ME? WHERE EXACTLY DID YOU DO THESE SURVEYS? THESE TRAFFIC COUNTS? THESE COUNTS WERE DONE AT THE FOUR CORNERS INTERSECTION, SO CENTRAL PARK AVENUE AND HARTSDALE. 
          OKAY. 
          SO AND WHERE WERE THE COUNTERS THEMSELVES? THEY WERE AT THE CORNERS IN THE PARKING SPACE OFF THE ROAD COUNTING. 
          NO, NO. 
          WHERE WAS, WHERE WAS, WHERE'S THE TAPE THAT COUNT? THERE WAS NO TAPE. 
          IT WAS A PHYSICAL PERSON WITH A BOARD. 
          THERE'S MULTIPLE WAYS TO DO IT. 
          UM, RIGHT. 
          I I'VE DONE TRAFFIC COUNTS MYSELF NOW. 
          UH, YEAH. 
          SO YOU CAN DO IT BY TUBES, BUT DOING AN INTERSECTION BY TUBES IS A LITTLE DIFFICULT. 
          UM, SO WHERE, WHAT, WHAT DIRECTION AND WHAT WERE THEY COUNTING? THEY WERE COUNTING THE TURNING MOVEMENTS AT THE INTERSECTION. 
          TURNING MOVEMENTS ONLY AT, IT'S THE TOTAL AMOUNT OF CAR FROM WHERE TO WHERE IT, IT COUNTS THE NUMBER OF LEFT, LEFT TURNS, THE THROUGHS, THE RIGHTS AT ALL THE APPROACHES AS WELL AS PEDESTRIANS. 
          I'M, I'M TRYING TO SAY, DO YOU HAVE A TRAFFIC COUNT OF CENTRAL A VEHICLES ON CENTRAL AVENUE? THEY'RE CONSIDERED IN THOSE COUNTS THAT WE DID, BUT ONLY THE VEHICLES THAT TURNED NO, THE INTERSECTION. 
          AND IF YOU LOOK AT 'EM GOING NORTH, YOU CAN GET HOW MANY ARE GOING NORTH IN INTERSECTION. 
          OKAY. 
          I'M NOT, I'M JUST CURIOUS BECAUSE ONE OF THE THINGS THAT YOU GUYS HAVE SAID IS THAT THE FIRST THING YOU GUYS WANTED TO KNOW WAS WERE PEOPLE GONNA BE ABLE TO MAKE A LEFT HAND TURN FROM THE NORTHBOUND CENTRAL AVENUE INTO TACO BELL? MM-HMM . 
          AND YOU DID SOME TRAFFIC COUNTS THAT I THOUGHT WERE OF CENTRAL AVENUE SOUTHBOUND TRAFFIC. 
          CORRECT. 
          AND THAT WAS DONE ON THE SATURDAY NIGHT OF JULY 4TH WEEKEND. 
          JULY 4TH WEEK. 
          CORRECT. 
          JULY 4TH. 
          WE OUR COUNTS FROM OUR TRAFFIC STUDY. 
          WHAT, SO, SO, SO YOU DIDN'T, SO THE COUNTS THAT I'M JUST TRYING TO SAY ARE THE COUNTS THAT YOU'RE TALKING ABOUT THAT YOU JUST DID MM-HMM . 
          YOU WERE TURN, YOU WERE TAKING COUNTS OF TURNING VEHICLES, YOU WEREN'T TAKING COUNTS OF THROUGH TRAFFIC ON CENTRAL AVENUE, WHICH WERE THE COUNTS THAT YOU DID DO AT THE END OF JUNE. 
          WE, OUR PREVIOUS COUNTS FROM OUR TRAFFIC STUDY ARE FROM JUNE 13TH AND JUNE 15TH, THERE WAS ANOTHER TRAFFIC COUNT THAT WAS DONE JUNE 29TH, I BELIEVE. 
          UM, WE CAN DOUBLE CHECK THE, THE RECORD, UH, FOR THE RECORD, PAUL DUMONT WITH JMC PROJECT MANAGER. 
          UM, WE CAN DOUBLE CHECK THE DATES, BUT I JUST WANTED TO BE CLEAR. 
          THE COUNTS THAT WERE PERFORMED IN OUR LATEST SUBMISSION WERE, UH, COUNTED EVERY SINGLE VEHICLE TRAVELING THROUGH THE FOUR CORNERS INTERSECTION DURING THE COUNT PERIOD. 
          SO WE COUNTED VEHICLES TRAVELING THROUGH THE INTERSECTION, NORTHBOUND ON CENTRAL AVENUE THROUGH THE INTERSECTION SOUTHBOUND ON CENTRAL AVENUE, AND THEN TURNING ANY WHICH WAY YOU COULD TURN THROUGH THE FOUR CORNERS INTERSECTION. 
          SO EVERY SINGLE VEHICLE TRAVELING THROUGH THAT INTERSECTION WAS, WAS COUNTED IN, IN THE UPDATED COUNTS. 
          OKAY. 
          MY UNDERSTANDING IS TACO BELL IS NOT AT AN INTERSECTION. 
          THE PROPOSED TACO BELL IS NOT AT AN INTERSECTION. 
          IS THAT CORRECT? THAT'S CORRECT. 
          IT'S THE MIDDLE OF A BLOCK. 
          RIGHT. 
          UH, ONE OF THE INTERSECTIONS THAT WE STUDIED IN OUR TRAFFIC STUDY ORIGINALLY WAS THE SITE DRIVEWAY INTERSECTION WITH CENTRAL AVENUE. 
          SO THAT WAS ONE OF THE INTERSECTIONS THAT WE HAD STUDIED ORIGINALLY. 
          UM, IT'S NOT A, YOU KNOW, INTERSECTION WITH A ANOTHER STREET, BUT IT'S AN INTERSECTION WITH OUR DRIVEWAYS. 
          SO THAT WAS STUDIED AS WELL. 
          WHY DIDN'T WE RECOUNT, WHY DIDN'T RECOUNT THE INTERSECTION AND NOT DRIVE? YOU WANT? YOU WANNA GO? UH, SO I, I, I, I'M, I'M, I'VE NEVER HEARD OF AN INTERSECTION THAT'S NOT WITH A STREET, SO I'M A LITTLE BIT CONFUSED AND I'VE SPENT MY CAREER IN TRAFFIC. 
          SO, UM, YOU DO TRAFFIC COUNTS. 
          I'M STILL TRYING, YOU KNOW, YOU'RE SAYING THE MOST IMPORTANT QUESTION YOU HAD TO ANSWER BEFORE YOU EVEN LOOKED AT THE SITE WAS THE QUESTION OF THIS LEFT HAND TURN. 
          SO OBVIOUSLY THE TRAFFIC COUNT ON CENTRAL 
          [00:30:01]
AVENUE MID-BLOCK HERE IS A PROBLEM, IS AN ISSUE TO BE LOOKED AT. 
          THE DATA THAT YOU, FROM WHAT I READ IN ALL OF YOUR DOCUMENTS WAS THAT YOU DID A STUDY ON A SATURDAY NIGHT, THE WEEK OF JULY 4TH, THIS YEAR OF THE TRAFFIC HEADING DOWNTOWN, HEADING SOUTH ON CENTRAL AVENUE. 
          I ASSUMED IN FRONT OF THE SITE. 
          AND THAT WAS THE INFORMATION THE DOT USED TO GIVE THEIR CONCEPTUAL APPROVAL. 
          THAT WAS THE WORDS USED BY MR. STEINMETZ, UM, TO THE PROJECT. 
          AND SO YOU'RE NOW SAYING YOU DID NEW DATA. 
          GREAT. 
          I'M, I'M THRILLED. 
          IS THAT THE DATA YOU DID? SO OUR ACCOUNTS THAT WE DID RECENTLY WERE AT THE FOUR CORNERS INTERSECTION WITH HARTSDALE AND CENTRAL AVENUE. 
          AS WAS MENTIONED IN OUR TRAFFIC STUDY, WE ANALYZED THREE INTERSECTIONS, ONE OF THEM BEING THE DRIVEWAY. 
          UM, BECAUSE THE DRIVEWAY DOES COME AT A T INTERSECTION, IT IS A PRIVATE DRIVEWAY, BUT IT'S A STOP CONTROLLED INTERSECTION BECAUSE THE PRIVATE DRIVEWAY IS STOP CONTROLLED, WHEREAS THE MAIN LINE HAS, YOU KNOW, FREE MOVEMENTS. 
          UM, WE ANALYZED CENTRAL PARK AVENUE AT, UH, HARVARD DRIVE, OUR SIDE DRIVEWAY, AND THEN HARTSDALE ALONG CENTRAL PARK AVENUE. 
          HARVARD WHAT? HARVARD DRIVE? OUR SIDE DRIVEWAY. 
          AND THEN HARTSDALE, UH, THOSE INTERSECTIONS WERE STUDIED AS PART OF OUR TRAFFIC STUDY. 
          THOSE WERE BASED ON COUNTS WE DID IN JUNE. 
          UH, I'M NOT SURE WHERE THE JULY NUMBER IS COMING FROM. 
          UH, BUT THOSE WERE BASED ON JUNE COUNTS. 
          AND THEN WE DID JUST RECENT COUNTS OF ONLY THE FOUR CORNERS OF INTERSECTION AS THAT APPEARS TO BE THE MORE FOCUSED AND BUSIER INTERSECTION. 
          WE WANTED TO FOCUS MORE ON THAT TO COUNT IT. 
          AND THAT'S WHY WE LOOKED AT THAT PARTICULAR INTERSECTION. 
          AND WITH THOSE COUNTS, THOSE ARE THE ONES WE DID JUST THIS PAST MONTH. 
          MS. JENKINSON, IF, COULD YOU MOVE YOUR MIC CLOSE A LITTLE BIT CLOSER? SOME PEOPLE HAVE TROUBLE HEARING YOU. 
          OKAY, THANK YOU. 
          UM, I JUST WANTED TO CLARIFY TOO, LAST, AT THE LAST MEETING, THERE WAS A CONCERN EXPRESSED ABOUT, UH, SPECIFICALLY TWO THINGS. 
          THE FACT THAT THE ORIGINAL TRAFFIC STUDY DIDN'T TAKE INTO ACCOUNT, UM, THE CHURCH SERVICES AND MASS TIMES, AND ALSO THE FACT THAT THE TIME OF YEAR ON CENTRAL AVENUE CAN GREATLY AFFECT THE, THE VOLUMES THAT WE SEE. 
          UH, SO WE PICKED THE FOUR CORNERS INTERSECTION. 
          OBVIOUSLY IT'S THE BUSIER INTERSECTION. 
          THE WHOLE PURPOSE OF COLLECTING THE DATA WAS TO DO A SENSITIVITY ANALYSIS AND JUST GIVE US A, AN IDEA OF IS, YOU KNOW, ARE WHAT WE SEEING NOW IN OCTOBER MORE THAN WHAT WE SAW IN JUNE, IS IT LESS THAN WHAT WE SAW? SO THAT WAS WHY WE ONLY, WE STUDIED THE ONE INTERSECTION, ESSENTIALLY. 
          IT WAS JUST TO GIVE US THAT COMPARISON, YOU KNOW, WHICH ESSENTIALLY, AS MARK INDICATED, THE VOLUMES, THE, THE DIFFERENCES THAT WE'RE SEEING AREN'T SIGNIFICANT. 
          SO THE MERITS OF THE ORIGINAL ANALYSIS ARE STILL, STILL STAND. 
          SO JUST TO CLARIFY, 'CAUSE I WAS THE ONE WHO BROUGHT IT UP LAST TIME. 
          MM-HMM . 
          THE REASON FOR THE CHURCH SERVICES WAS BECAUSE PEOPLE PARK UP AND DOWN CENTRAL AVENUE AND CENTRAL AVENUE IS REDUCED TO ONE LANE. 
          OKAY. 
          DURING CHURCH SERVICES. 
          OKAY. 
          AND THEN ON THE TRAFFIC WITH REGARD TO THE JUNE STUDY, IT WAS ACTUALLY DONE AFTER SACRED HEART SCHOOL CLOSED. 
          SO THAT'S WHY, AND TRAFFIC USUALLY PICKS UP AROUND NOW MID-OCTOBER, WHERE YOU START GETTING AT THE LIGHT. 
          SOMETIMES TRAFFIC'S BACKED ALL THE WAY TO HARVARD DRIVE, WHICH HASN'T REALLY HAPPENED YET. 
          IT STARTS ABOUT THE BEGINNING OF NOVEMBER IN THE NEXT COUPLE OF WEEKS AND MAKING A LEFT TURN. 
          HOW ARE YOU GONNA MAKE A LEFT TURN IN AND A LEFT TURN OUT WHEN YOU HAVE TRAFFIC LITERALLY BLOCKED? RIGHT. 
          AND WHEN YOU GO OUT OF THOSE SIDE STREETS, RIGHT, JANE, ALL THOSE SIDE STREETS THAT ARE ON THE HEADING NORTH SIDE OF CENTRAL AVENUE, YOU CAN WAIT 15 MINUTES TO TURN LEFT. 
          OKAY. 
          SO THAT WAS MY CONCERN WITH THE VOLUME OF TRAFFIC AND THE TIME OF YEAR AND THE LEFT TURNS UNDERSTOOD. 
          AND, AND I WOULD AT THAT. 
          SO THAT IS THE POINT WE'VE BEEN TRYING TO GET TO THE TURNING MOVEMENT THAT WE'VE, THAT I WASN'T HERE LAST MONTH, BUT I LISTENED TO ALL THE TESTIMONY IS NOT ABOUT THE TURNING MOVEMENTS. 
          OUR CONCERN IS CENTRAL AVENUE. 
          'CAUSE THAT'S WHERE THIS DRIVEWAY IS. 
          AND SO FOR ME, I'D LIKE TO UNDERSTAND AND SEE THE NUMBERS FOR CENTRAL AVENUE NORTHBOUND SOUTHBOUND. 
          YEAH. 
          IT'S ALL INCLUDED IN THE, IN FRONT OF THE DRIVEWAY. 
          OKAY. 
          UM, JUST CAN I JUST, SO THE WAY THAT IT, THE WAY THAT AREA IS, RIGHT, IF YOU'RE AT THE FOUR CORNERS GOING SOUTH OR NORTH, THERE'S NOWHERE TO TURN. 
          RIGHT? IF YOU'RE HEADING NORTH, YOU CAN'T TURN, THERE'S NO STREET, BUT YOU COULD TURN, IF YOU'RE COMING DOWN 
          [00:35:01]
SOUTH ONTO HARTSDALE AVENUE, SO NORTHBOUND TRAFFIC, THERE'S NOWHERE TO GO. 
          YOU HAVE TO GO OR SOUTHBOUND, SORRY, BUT NORTHBOUND YOU COULD TURN THAT. 
          THAT'S CORRECT. 
          SO THE TOTAL NORTHBOUND, YOU KNOW, MOVEMENTS, VEHICLES THAT WE COUNTED, WE WOULD EXPECT TO SEE TRAVELING THROUGH THAT SAME INTERSECTION AT THE SITE. 
          YOU KNOW, THE SITE DRIVEWAYS. 
          SO THERE'S REALLY, YOU KNOW, IN TERMS OF INTERSECTION BALANCING, THERE'S NO, UM, THERE'S REALLY, YOU KNOW, NOWHERE ELSE FOR THOSE CARS TO GO. 
          SO TO UNDERSTAND, DID YOU DO YOUR TRAFFIC COUNTS? DID YOU DO YOUR TRAFFIC COUNTS DURING CHURCH SERVICE TIME? THAT'S ONE OF THE QUESTIONS. 
          THE ORIGINAL TRAFFIC STUDY, UH, WAS DONE ON HIS, I'M TALKING ABOUT THIS WEEKEND. 
          YES. 
          THAT'S WHY WE DID THEM ON SUNDAY. 
          WE DID 'EM ON SATURDAY EVENING. 
          UM, SUNDAY MIDDLE SAT SUNDAY FROM NINE TO 12. 
          UH, SO SATURDAY YOU SAID NINE 30 TO 12, AND THEN SATURDAY WE DID FROM FOUR 30 TO SEVEN. 
          AND YOU CHECKED THAT THOSE WERE THE TIMES OF THE SERVICES? CORRECT. 
          OKAY. 
          AND ARE YOU GONNA PROVIDE US WITH THOSE NUMBERS? THEY'RE IN HERE. 
          IT'S ALL IN THE SUBMISSION. 
          WE RE SUBMIT SENT LAST, UH, FOR THIS MEETING. 
          I DON'T SEE . 
          IT WAS IN THESE FIGURES THAT YOU SHOULD HAVE IN YOUR PACKET. 
          OKAY. 
          AND THE TRAFFIC, UH, HAS BEEN LOOKED AT BY THE TOWN TRAFFIC CONSULTANT, UH, FOR I BELIEVE OVER A SIX MONTH PERIOD WITH WORKING WITH THE PLANNING BOARD AS WELL AS OBVIOUSLY THE, THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION. 
          UH, SINCE THEY OWN AND MAINTAIN THE CENTRAL PARK AVENUE CORRIDOR, UH, WE'RE WORKING WITH THEM TO OBVIOUSLY OBTAIN THE NECESSARY HIGHWAY WORK PERMIT TO PROCEED TO ACTUALLY DO THE CONSTRUCTION WITHIN THE RIGHT OF WAY OF THE DOT THERE. 
          AND, UH, SIMILARLY BASED ON, UH, UH, THE INPUT FROM THE TOWN'S TRAFFIC CONSULTANT THAT AGREED WITH OUR FINDINGS FROM OUR TRAFFIC STUDY AND, UH, CONCURRED THAT THERE'S NO SIGNIFICANT IMPACTS, WHICH IS WHAT LED TO THE SECRET DETERMINATION, THAT THERE'S NO SIGNIFICANT IMPACT FROM A CHOPPER PERSPECTIVE ON THE PROJECT THAT WAS ISSUED BY THE PLANNING BOARD. 
          YEAH. 
          JUST GONNA MOVE ON TO, UH, BEFORE WE MOVE ON, JUST I, UM, MR. BARONS HAS MADE SURE THAT I, I'M AWARE THAT WHEN THE PLANNING BOARD ADOPTED THEIR NEGATIVE DECLARATION, THEY SPECIFICALLY ADDRESSED THIS. 
          SHAWN, I WANNA MAKE SURE YOU HEAR THIS, AND OBVIOUSLY PLEASE FEEL FREE TO CONFER WITH MR. CANNING. 
          JOHN WAS HERE ON SCREEN. 
          I SAW HIM. 
          OKAY. 
          UM, THE APPLICANT'S TRAFFIC STUDY, THIS IS THE PLANNING, THIS IS YOUR PLANNING BOARD. 
          THE APPLICANT'S TRAFFIC STUDY IDENTIFIES THAT THE EXPECTED PEAK DRIVE-THROUGH QUEUES WILL BE FULLY CONTAINED TO THE SITE AND HAVE NOT, AND NOT HAVE IMPACTS TO CENTRAL PARK AVENUE. 
          A CONCLUSION SUPPORTED BY THE TOWN'S TRAFFIC CONSULTANT, TRAFFIC FROM THE SUBJECT SITE IS PROJECTED TO INCREASE SLIGHTLY, BUT IS NOT ANTICIPATED TO RESULT IN AN ADVERSE CHANGE TO THE EXISTING LEVEL OF TRAFFIC ON THE SURROUNDING ROAD NETWORK. 
          SO YOU ALL HAVE EVERY RIGHT TO ASK ALL YOUR QUESTIONS ON TRAFFIC. 
          AND PLEASE, I, WE, WE WANNA MAKE SURE THE SITE IS SAFE, THE VEHICULAR MOVEMENTS ARE SAFE, PEDESTRIANS ARE SAFE, AND WE WANNA MAKE SURE THE SITE IS A SUCCESSFUL SITE. 
          BUT THIS IS NOT AN ISSUE THAT YOU'RE PLANNING BOARD IGNORED. 
          THIS IS NOT AN ISSUE THAT YOUR PLANNING BOARD DID NOT, UH, CHOOSE TO HIRE THEIR OWN CONSULTANT. 
          THEY BROUGHT JOHN IN FROM THE OUTSIDE. 
          JUST SO YOU KNOW, MY QUESTION HAD NOTHING TO DO WITH TRAFFIC FROM THE SITE BACKING UP ONTO CENTRAL AVENUE, BUT HE'S, BUT THAT'S WHAT YOU READ. 
          I, I UNDERSTAND, YOUR HONOR. 
          I'M SAYING IT HAD NOTHING TO DO WITH MY QUESTION. 
          WELL, THAT'S, BUT THIS IS THE CONCLUSION OF, OF THE NEG N DECK OF THE LEAD AGENCY THAT THIS OPERATION WOULD NOT HAVE A SIGNIFICANT ADVERSE IMPACT. 
          SO I THINK IT DOES RELATE TO YOUR QUESTION WITH ALL DUE RESPECT. 
          UM, AGAIN, FOR THE RECORD, PAUL DUMONT, JAMES C I'M JUST GONNA TOUCH, UH, QUICK. 
          THANK YOU. 
          UH, JUST GONNA TOUCH QUICKLY ON THE, UM, SOME OF THE DATA THAT WE PULLED TOGETHER ON THE, UM, THE EVENING, UH, OPERATIONS AT THE TACO BELL. 
          SO, UH, WE WORKED WITH RAG UH, RV'S TEAM TO PULL, UH, POINT OF SALE DATA FROM, UH, FOUR OF THEIR LOCATIONS. 
          UH, ONE IN CARMEL, ONE IN CORTLAND MANOR, ONE IN MOHEGAN LAKE, AND ONE IN BRIARCLIFF MANOR. 
          UH, AND THAT RELATES TO, UM, THE NUMBER OF CUSTOMERS THAT, THAT VISIT THE SITE PAST 10:00 PM 10:00 PM TO CLOSING. 
          UM, WE 
          [00:40:01]
DID, UM, I JUST WANTED TO SAY TOO, I KNOW DAVID MENTIONED THE, THE FRONT DOOR OF THE RESTAURANT CLOSES AT 10:00 PM UH, SO AT THAT POINT, THE BUSINESS IS OPEN TO DRIVE THROUGH AND, OR, UH, DELIVERY ORDERS BEING, UM, LIKE UBER EATS DOOR DASH, UM, THE ALL DELIVERY DRIVERS, UM, ARE DIRECTED TO PICK UP THEIR ORDERS FROM INSIDE THE RESTAURANT. 
          SO NONE OF THE VEHICLES THAT GO THROUGH THE DRIVE THROUGH, UH, PAST 10:00 PM ARE DELIVERY ORDERS. 
          UM, WE LOOKED AT THE DATA AND WE FOUND THAT, UH, OVER THE FOUR LOCATIONS, THE, UH, THERE WAS AN AVERAGE OF, UH, 11 TRANSACTIONS ON, UH, SUNDAYS AND WEEKDAYS, UM, AT ALL FOUR LOCATIONS PAST 10:00 PM AND ABOUT HALF OF THOSE OR SIX WERE DRIVE THROUGH TRANSACTIONS. 
          THE REMAINDER WERE DELIVERY PICKUPS. 
          UH, AND THEN, UH, ON FRIDAYS AND SATURDAYS, THERE WAS AN AVERAGE OF 17 TOTAL TRANSACTIONS FROM 10:00 PM UH, TO CLOSING. 
          AND THOSE WERE, UM, NINE OF THOSE WERE DRIVE THROUGH TRANSACTIONS. 
          SO, UM, I KNOW THERE WAS, YOU KNOW, JUST A CONCERN ABOUT, UH, YOU KNOW, THE AMOUNT OF VEHICLES THAT WOULD BE GOING THROUGH THE DRIVE THROUGH, UH, IN THE LATE NIGHT HOUR. 
          AND, UM, YOU KNOW, WE COLLECTED SOME OF THAT DATA TO PRESENT IT TO YOU. 
          UH, JUST SO I HAVE A QUESTION ON THAT. 
          YES. 
          OKAY. 
          IT, I, I THINK FROM THE DATA THAT YOU, UM, GAVE US, YOU'RE CORRECT. 
          THERE AREN'T THAT MANY CARS COMING THROUGH, CONSIDERING THAT'S ONE OF THE MAJOR COMPLAINTS OF THE NEIGHBORS FOR 17 ORDERS, I WOULD ASSUME AN AVERAGE OF ABOUT $25, YOU'RE TALKING LESS THAN $500 TO STAY OPEN FOR SEVERAL HOURS. 
          IS THAT LIKE A MAKE OR BREAK FOR THE RESTAURANT, CONSIDERING THAT'S ONE OF THE NEIGHBOR'S CHIEF CONCERNS? YEAH, IT'S, IT'S ABSOLUTELY A MAKE OR BREAK. 
          UH, THE HOURS OF OPERATION FOR TACO BELL, UM, WAIT, THE, THE FIG THE FIGURES YOU ARE CITING ARE 17 PER HOUR, CORRECT? NOT 17. 
          NO, NO. 
          THE AVERAGE WAS 17 TOTAL 17 FROM 10:00 AM TO 3:00 AM 10:00 PM TO CLOSING OF THE RESTAURANT. 
          WELL, CLOSING, WE WERE TOLD LAST TIME WAS 3:00 PM YEAH, 3:00 AM YEAH. 
          CORRECT. 
          SO THERE WAS ONLY HI GUYS, THAT THAT WAS EXACTLY MY POINT. 
          I THOUGHT THAT WAS PER HOUR. 
          NO, NO. 
          FOR FIVE HOURS. 
          I, SO THE, THE CLOSING TIME VARIED BY LOCATION. 
          I THINK THERE WAS ONLY ONE LOCATION THAT WAS OPEN LATER, BUT THREE OF THE LOCATIONS WE STUDIED CLOSED AT 3:00 AM AND I KNOW IT'S, UM, I, I UNDERSTAND WHAT YOU'RE SAYING, BUT IT'S ABSOLUTELY IMPERATIVE TO THE TACO BELL OPERATION. 
          WHY TO HAVE THE RESTAURANT OPEN PAST 10:00 PM WHY, UM, SORRY. 
          UM, IT'S A BRAND REQUIREMENT, SO IT'S A CONTRACTUAL OBLIGATION. 
          YES. 
          TACO BELL. 
          YEAH. 
          FOR THE FRANCHISEE. 
          THAT'S ALL. 
          THAT'S WHAT, THANK YOU. 
          UM, THERE'S JUST ONE MORE THING I WANTED TO WALK THE BOARD THROUGH AND THEN WE CAN TURN IT OVER. 
          UM, THE, WE SUBMITTED A REVISED SIGN PACKAGE. 
          UM, WE HEARD A LOT OF THE COMMENTS ABOUT THE SIGNAGE. 
          UH, WE COMPLETELY ELIMINATED THE MURALS THAT WERE PROPOSED ON THE SIDES OF THE BUILDINGS. 
          UH, IN ADDITION, WE COMPLETELY ELIMINATED THE TOWER ON THE CENTRAL AVENUE FACADE. 
          UH, SO THAT REDUCED THE, UH, HEIGHT OF THE BUILDING BY THREE FEET, AS DAVID MENTIONED EARLIER. 
          AND THEN WE REWORKED THE, THE SIGNAGE THAT FACES CENTRAL AVENUE TO, TO COMPLY WITH THE, UM, THE HEIGHT REQUIREMENT. 
          UH, SO THE SIGN CHANGES ALONE, UM, ELIMINATED FIVE OF THE REQUESTED VARIANCES. 
          UH, THE ONLY VARIANCES WERE REQUESTING FOR SIGNAGE ARE TWO, ONE TO HAVE THE ADDITIONAL WALL SIGN ON THE, UH, NORTHERN FACADE, WHICH I'M JUST FLIPPING TO, EXCUSE ME. 
          UH, SO ONE VARIANCE IS NEEDED TO HAVE THE ADDITIONAL WALL SIGN ON THE NORTHERN FACADE, WHICH IS SHOWN HERE. 
          AND THE SECOND VARIANCE IS JUST FOR THE HEIGHT, OVERALL HEIGHT OF THIS SIGN ON THE NORTHERN FACADE, BECAUSE THE TACO BELL LETTERING IS INCLUDED IN THAT. 
          UH, SO AGAIN, WE ELIMINATED FIVE OF THE SIGN VARIANCES AND WE REDUCED THE HEIGHT VARIANCE BY THREE FEET. 
          UM, THAT'S, THAT'S ALL WE HAVE. 
          HAPPY TO ANSWER ANY QUESTIONS. 
          UM, ACCORDING TO YOUR ATTORNEY, THE, UH, VARIANCE IS ONLY FOR ONE FOOT AT THIS POINT FOR THE HEIGHT VARIANCE. 
          IS THAT ACCURATE? UH, I BELIEVE, WHY COULDN'T YOU BRING IT DOWN ANOTHER FOOT? IT LOOKS LIKE IT'S STILL DOES NOT HAVE A STRUCTURAL, SO I, I 
          [00:45:01]
JUST, I JUST WANT TO, TO BE CLEAR. 
          SO THE PERMITTED HEIGHT IN THE ZONE IS 12 FEET. 
          THE EXISTING BUILDING HAS A HEIGHT OF 20.1 FEET. 
          WE'RE PROPOSING 21.1 FEET. 
          SO WE'RE PROPOSING A HEIGHT ONE FOOT HIGHER THAN THE EXISTING BUILDING. 
          UM, THE, BUT IT'S STILL NINE FEET HIGHER THAN THE CODE, CORRECT? YES, THAT'S CORRECT. 
          SO YOUR HEIGHT REQUEST IS FOR THE EIGHT FEET ABOVE CODE. 
          IT, IT, THIS, THIS IS A NEW APPLICATION AND SO WE'RE LOOKING AT IT FROM WHAT THE EXISTING CODE IS. 
          UNDERSTOOD. 
          SO YOU'RE SAYING IT, IT WENT, SO IT'S INSTEAD OF, IT'S NINE INSTEAD OF EIGHT IF YOU TOOK AWAY THE TOWER. 
          RIGHT. 
          SO WE, AGAIN, WE WERE PREVIOUSLY REQUESTING, UM, YOU KNOW, 24.1 FEET. 
          WE BROUGHT THAT DOWN BY THREE FEET. 
          THE HEIGHT IS MEASURED TO THE TOP, YOU KNOW, THE, THE HIGHEST POINT ON THE PARAPET, ESSENTIALLY, UM, ON THE PARAPET OF THE BUILDING THAT, I'M JUST CIRCLING IT WITH MY MOUSE, IF YOU CAN SEE, THAT'S JUST THIS, IT'S THIS POINT ON THE BUILDING, WHICH IS THE HIGHEST POINT, WHICH IS ESSENTIALLY THE, UM, IT'S A SMALL TOWER ELEMENT FOR THE, THE, THE MAIN ENTRANCE. 
          YOU KNOW, IT'S AN ARCHITECTURAL ELEMENT. 
          IT FRAMES THE, YOU KNOW, FRAMES THE ENTRANCE AND THE SIGNAGE. 
          SO, UM, SO, SO YOU'RE ASKING FOR A NINE FOOT VARIANCE? YES. 
          OKAY. 
          9.1 FEET. 
          AND JUST SO I UNDERSTAND, 'CAUSE I DIDN'T HEAR THIS IN ANY OF THE PREVIOUS TESTIMONY, UM, WHAT IS THE REASON FOR BUILDING IT 21 FEET OR 22 FOR THE TOWER? AGAIN, IT'S, IT'S REALLY JUST TO, YOU KNOW, INCORPORATE SOME, YOU KNOW, ARCHITECTURAL ELEMENTS AND, UM, BREAK UP THE FACADE ON THE FRONT OF THE BUILDING. 
          SO THERE'S NO STRUCTURAL NEED. 
          UM, THERE, YOU KNOW, OBVIOUSLY THERE'S BRANDING REQUIREMENTS FOR TACO BELL. 
          THERE'S CERTAIN, UM, YOU KNOW, PROTOTYPICAL ARCHITECTURE REQUIREMENTS THAT, UM, THAT THE FRANCHISEES HAVE TO ABIDE BY. 
          UM, BUT YOU KNOW, THE BUILDING ITSELF, THE PARAPET ITSELF AND YOU KNOW, THE WAY THAT THAT ALL WORKS AND, UM, YOU KNOW, SCREENS THE MECHANICALS AND THINGS LIKE THAT, YOU KNOW, THAT WOULD BE A HEIGHT OF 18 FEET. 
          SO WE'RE REALLY ASKING FOR TWO ADDITIONAL FEET FOR THIS TOWER ELEMENT. 
          SO THE ANSWER TO MY QUESTION ABOUT STRUCTURAL IS NO, THERE IS NO STRUCTURAL REASON FOR THIS. 
          NO VARIANCE. 
          OKAY. 
          THANK YOU. 
          ANY OTHER QUESTIONS FROM THE BOARD? ALRIGHT, WHO'S, LET'S SEE IF WE CAN GET SOMEONE WHO CAN COME UP AND HOPEFULLY, AND I'LL REPEAT IN THE RECORD. 
          GOOD EVENING. 
          UH, MY NAME'S ROBERT ORLOVSKY. 
          I WAS AT THE LAST ZONING BOARD MEETING. 
          UH, I'M A COMMERCIAL REAL ESTATE BROKER. 
          I'VE BEEN PRACTICING FOR MORE THAN 35 YEARS. 
          I'M CONSIDERED TO BE AN EXPERT IN THIS FIELD. 
          WE MANAGE AND OPERATE THE WHITE PLAIN SHOPPING CENTER LOCATED IN THE TOWN OF GREENBURG, HOME OF SAX OFF FIFTH APPLE FARM WINE WAREHOUSE. 
          UM, I AGREE THAT THIS PROPERTY COULD HAVE THIS TYPE OF USE AS LONG AS IT DOESN'T CREATE A DANGEROUS AND HAZARDOUS CONDITION. 
          AND I THINK THAT'S WHAT WE'RE TALKING ABOUT TONIGHT. 
          I'M HEARING FROM TRAFFIC THAT THIS POTENTIALLY CAN CREATE A VERY DANGEROUS AND HAZARDOUS CONDITION ON CENTRAL AVENUE. 
          UM, ARE, ARE WE FROM, IS THE BOARD FAMILIAR WITH THIS? NO. 
          LEFT TURN SIGN, WHICH IS 200 FEET AWAY FROM THIS SITE. 
          IT'S RIGHT OPPOSITE THE SUNOCO GAS STATION. 
          SO IT'S A NO LEFT TURN SIGN PURPOSELY, THEY DON'T WANT CARS MAKING A LEFT TURN ACROSS CENTRAL AVENUE BECAUSE OF THE HIGH VOLUME OF TRAFFIC. 
          SO IT'S A RIGHT TURN IN TO THE SUNOCO STATION, A RIGHT TURNOUT. 
          UM, THE APPLICANT DISCUSSED A FEW MINUTES AGO THAT ON JULY 1ST, THE, UH, DEPARTMENT OF TRANSPORTATION SAID AFTER REVIEWING THE TRAFFIC STUDY, CONSIDERING THE PEDESTRIAN CROSSINGS AT CENTRAL AVENUE, LAWTON AVENUE, AND APPROXIMATELY HALF OF THE VEHICLES ARE MAKING LEFT TURNS WHEN EXITING THE TACO BELL, THE VOLUME OF LEFT TURN MOVEMENTS COULD INCREASE HAZARDS ON THE STATE ROAD. 
          THEREFORE, ONLY RIGHT IN RIGHT OUT MOVEMENTS WOULD BE PERMITTED. 
          WELL, THAT MAKES SENSE, RIGHT, RIGHT IN, RIGHT OUT. 
          THAT WOULD MAKE SENSE. 
          BUT THEN 16 DAYS LATER, THE APPLICANT HAS A MEETING WITH THE DOT. 
          AGAIN, THEY SAY THAT THERE WERE, WERE SOME EMAIL CLARIFICATIONS 
          [00:50:01]
WERE SENT. 
          I DON'T KNOW IF THAT CAME FROM A TRAFFIC ENGINEER OR WHATEVER THOSE EMAIL CLARIFICATIONS WERE. 
          AND THEN THE DOT CHANGED THEIR MIND 16 DAYS LATER THEY SAID, MORNING MARK, AS WE DISCUSSED THE MEETING YESTERDAY ON JULY 17TH, THE STATE HAS REVIEWED THE TRAFFIC STUDY AND NOW APPROVES THE PROPOSED PLAN DATED APRIL 9TH FOR THE DRIVEWAY ENTRANCE AT 57 NORTH CENTRAL AVENUE. 
          HOWEVER, AND THIS THE APPLICANT DIDN'T MENTION TO YOU TONIGHT, HOWEVER, IT WAS MENTIONED THAT IF ANY CONFLICTS OR ACCIDENTS, IF ANY CONFLICTS OR ACCIDENTS ARISE AFTER OPENING MODIFICATIONS MAY BE REQUIRED TO ENHANCE DRIVER AND PEDESTRIAN SAFETY. 
          DID WE HEAR THAT? I MEAN, DID, DOES, DID EVERYBODY HEAR THAT? IT'S IN OUR, YOU WANT ME TO, IT'S IN OUR PACKET, REDDIT. 
          OH, OKAY. 
          I I JUST WANNA BE SURE THAT EVERYBODY'S AWARE OF THAT. 
          SO, UM, MY FIRM MANAGES THE HARTSDALE GARDENS, WHICH IS THE BUILDINGS REALLY ABOUT 70 FEET AWAY FROM THE FUTURE. 
          TACO BELL, NOT A HUNDRED FEET AWAY. 
          AND WE KNOW THAT THIS TYPE OF OPERATION JUST DOES NOT FIT IN THIS LOCATION. 
          IT'S JUST NOT APPROPRIATE. 
          IF IT WAS APPROPRIATE, THE APPLICANT WOULDN'T BE SEEKING ALL THESE VARIANCES. 
          THERE'LL BE ALL THIS CONFUSION ABOUT TRAFFIC STUDIES AND REPORTS. 
          SO I, I PERSONALLY BELIEVE THAT THIS APPLICATION SHOULD BE DENIED. 
          WAIT, EXCUSE ME. 
          IF YOU'RE GONNA SPEAK IN THE PUBLIC, YOU NEED TO COME UP TO THE MIC, OTHERWISE YOU'LL BE ESCORTED OUTTA THE BUILDING. 
          GOOD EVENING, MADAM CHAIR AND MEMBERS OF THE ZONING BOARD OF APPEALS. 
          MY NAME IS RAYA MALLETT FROM THE LAW FIRM MCCARTHY FINGER. 
          UM, THANK YOU SO MUCH FOR THIS OPPORTUNITY TO SPEAK TONIGHT. 
          YOU ALL, UH, RECEIVED, UM, COMMUNICATION FROM, WELL, TWO LETTERS FROM ME. 
          UH, ONE IS RECENTLY AS TUESDAY OCTOBER 13TH. 
          I AM NOT AT ALL GOING TO REPEAT WHAT'S IN THAT LETTER. 
          UM, I DO HAVE TO, BEFORE I TALK ABOUT WHAT I WAS GONNA TALK ABOUT TONIGHT, JUST RESPOND TO SOME OF THE COMMENTS MADE BY MY FRIEND DAVID STEINITZ SITTING BEHIND ME. 
          UM, FIRST OF ALL, I JUST WANNA BRING TO EVERYONE'S ATTENTION. 
          WHILE THE PLANNING BOARD HAS ISSUED A NEUTRAL RECOMMENDATION HERE, IT DEFINITELY FOUND A NEGATIVE, UH, NEGATIVE DECLARATION UNDER SECRA. 
          UM, THE TOWN LAW DOESN'T, UH, HAVE ANY REQUIREMENT WHERE ADJOINING PROPERTY OWNERS ARE NOTIFIED, I'M SORRY, ADJOINING, SORRY. 
          THANK YOU. 
          ADJOINING PROPERTY, ADJOINING PROPERTY OWNERS. 
          THE TOWN LAW DOESN'T HAVE ANY NOTIFICATION. 
          SO THE FIRST, UM, TIME MY CLIENTS OR RESIDENTS OF HARTSDALE GARDENS KNEW ABOUT THIS APPLICATION IS WHEN THEY GOT NOTIFIED AND IT CAME BEFORE THE ZONING BOARD OF APPEALS. 
          I'M FAIRLY CONFIDENT THEY WOULD'VE HIRED ME EARLIER, UM, HAD WE KNOWN IT HAD BEEN WINDING ITS WAY THROUGH THE PLANNING BOARD. 
          SO THIS IS THE FIRST TIME YOU'RE HEARING THEIR VOICE. 
          UM, AS, AS MY CLIENTS. 
          UM, I ALSO WANNA POINT OUT THAT I NEVER SAID THAT SOMEBODY CAN APPLY FOR A VARIANCE. 
          UM, I BELIEVE THAT'S WHAT HE SAID. 
          OF COURSE, ANYBODY CAN APPLY FOR A VARIANCE. 
          WHAT MY LETTER FOCUSES ON IS WHAT ARE THE LEGAL LIMITS TO WHAT ZONING BOARDS THROUGHOUT THE STATE ARE ALLOWED TO DO. 
          UM, YOU ALL KNOW THAT THERE ARE CERTAIN RESTRICTIONS, AND ONE OF THEM IS THAT VARIANCES MUST BE IN HARMONY WITH THE SPIRIT, WITH THE STATUTE OR THE ORDINANCE THAT YOU'RE VARYING BECAUSE THE WHOLE POINT OF A VARIANCE IS THAT YOU'RE GIVING SPECIAL TREATMENT TO AN INDIVIDUAL. 
          AND IF YOU'RE GONNA GIVE SPECIAL TREATMENT TO AN INDIVIDUAL, IT HAS TO BE WITHIN THE CONTEXT AND THE SPIRIT AND THE HARMONY OF THE STATUTE. 
          THE CASE SEMINAL CASE IS FROM 1935. 
          LEVY LEVY, MAYBE VERSE THE BOARD. 
          UM, IT'S A NEW YORK CITY BOARD OF ESTIMATES AT THE TIME. 
          HOWEVER, THERE IS, UM, SUBSEQUENT LAW WHICH ATTESTS TO THAT PRINCIPLE, AND I DON'T KNOW HOW MANY PEOPLE HAVE ACTUALLY CHALLENGED IT, BUT I DO HAVE OTHER CASE CITATIONS IN THE LETTER YOU RECEIVED. 
          AGAIN, I'M NOT GONNA GO INTO THOSE DETAILS. 
          UM, THE, AGAIN, HE ALSO IS FREE THE APPLICANT TO RESTRICT IT TO A TACO BELL AS MUCH AS HE WANTS THE LAW. 
          THERE ARE CER MANY COURT OF APPEALS DECISIONS. 
          TWO OF THEM ARE LISTED IN MY BRIEF. 
          DO NOT ALLOW ANY ADMINISTRATIVE AGENCY, A ZONING BOARD OF APPEALS OR A PLANNING BOARD TO CONDITION AN APPROVAL OR A VARIANCE ON A PERSON OR A PERSONAL CORPORATION. 
          THAT'S ONE OF THE LIMITS. 
          THERE IS ALSO A LOT OF DISCUSSION ABOUT HOW THERE'S SO 
          [00:55:01]
MUCH, SO MANY EXISTING LEGAL NON-CONFORMING BUILDINGS. 
          UM, HARTSDALE GARDENS WAS BUILT 1927, IF I GOT THAT RIGHT. 
          IT WAS THE FIRST TIME THEY WERE BREAKING UP THESE BIGGEST STATES AND IT BECAME A COMMUTING, A COMMUTER TOWN. 
          UM, PROBABLY VERY EXCITING AT THE TIME, I'M SURE THEIR LEGAL NON-CONFORMING CONFORMITIES. 
          BUT THAT IS BY DESIGN, RIGHT? THAT'S WHAT COMPREHENSIVE PLANNING IS ALL ABOUT. 
          THE TOWN LEGISLATES AND CREATES A MISSION OF WHAT THE ZONING SHOULD LOOK LIKE GOING FORWARD. 
          ALL OF THE ZONING, ALL THIS LEGAL, UM, NON-CONFORMING SITES, UM, ARE THERE ON PURPOSE. 
          AND IN FACT, IN THE TOWN'S ZONING CODE, IN THE VERY FIRST SENTENCE OF THE SECTION FOR THE CENTRAL AVENUE MIXED USE IMPACT DISTRICT, WHICH IS WHAT WE'RE TALKING ABOUT, IT STATES, AND I'M QUOTING THE CENTRAL AVENUE MIXED USE IMPACT DISTRICT IS BASED UPON THE OBJECTIVES AND FINDINGS OF THE COMPREHENSIVE DEVELOPMENT PROGRAM FOR THE CENTRAL AVENUE COURT CORRIDOR DATED OCTOBER, 1976. 
          RIGHT? SO THE COMPREHENSIVE PLAN OF 1976 IS WHAT DICTATED THE ZONING REGULATIONS THAT YOU ARE NOW APPLYING TODAY. 
          AND THE 1976 COMPREHENSIVE PLAN FOCUSED ON CENTRAL AVENUE BECAUSE OF IT, THAT ROAD'S IMPORTANCE TO THE TOWN OF GREENBURG. 
          THE PLAN HAD TWO OVERALL PRIORITIES, WHICH ARE SIMILAR TO WHAT WE'RE TALKING ABOUT TONIGHT. 
          THE FIRST PRIORITY WAS INCREASING TRAFFIC SAFETY TO PREVENT ACCIDENTS THAT WERE PRIMARILY DUE TO LEFT TURN MOVEMENTS, WHETHER AT INTERSECTIONS OR MID-BLOCK. 
          AND THE SECOND PRIORITY WAS IMPROVING THE AESTHETICS OF THE FOUR MILE CORRIDOR WITH A FOCUS ON INCREASING, SORRY, LANDSCAPING BUFFERS. 
          THEY WANTED THE ENTIRE TOWN TO LOOK BETTER. 
          THE CURRENT ZONING REGULATIONS WERE NOT ONLY WRITTEN TO ACHIEVE THOSE OBJECTIVES, BUT THEY WERE ALSO TO WRITTEN TO ADDRESS AN OVERARCHING CONCERN IDENTIFIED IN 1976 BY THE TOWN ELDERS. 
          AND THAT IS AT THE ZONING REGULATIONS WERE NOT CHANGED FOR THE CENTRAL AVENUE CORRIDOR. 
          IN OTHER WORDS, IF WE DIDN'T HAVE ALL THESE LEGAL NON-CONFORMING USES RIGHT NOW, THE CONCERN WAS THAT THE POTENTIAL DEVELOPMENT OF VACANT AND UNDERUTILIZED LAND ON THIS FOUR MILE STRETCH WOULD HAVE RESULTED IN AN ESTIMATED 50% INCREASE IN EXISTING SQUARE FOOTAGE, WHICH WOULD, AND I'M QUOTING NOW, PAGE FOUR OF THAT PLAN PRODUCE CATASTROPHIC TRAFFIC AND SAFETY PROBLEMS ALONG THE AVENUE. 
          SO THAT'S WHY THINGS WERE NONCONFORMING. 
          IT WAS BY DESIGN. 
          SO THESE REGULATIONS NOW IS WHAT APPLIES. 
          AND THE 1976 COMPREHENSIVE PLAN UPON WHICH THE ZONING REGULATIONS ARE BASED SPECIFICALLY FOUND THE FOLLOWING, THE LANDSCAPING AND BUFFER REQUIREMENTS ARE COMPLETELY INADEQUATE AND LANDSCAPED BUFFERS WERE NEEDED ALONG ALL THE SIDE LOT LINES, WHICH WE KNOW 'CAUSE ONE OF THE VARIANCES THEY'RE ASKING FOR, THEY'RE ASKING FOR A WAIVER OF THE MINIMUM 10 FOOT LANDSCAPE BUFFER BETWEEN HARTSDALE GARDENS AND 57 NORTH, UH, CENTRAL AVENUE. 
          THE SECOND THING IT FOUND THAT I'M HIGHLIGHTING IS THAT EXCEPTIONALLY HIGH ACCIDENT RATES AT MID-BLOCK LOCATIONS WERE LARGELY A RESULT OF LEFT TURN MOVEMENTS. 
          SO THE VERY TWO THINGS WE'RE TALKING ABOUT ARE WHY THE CURRENT ZONING REGULATIONS ARE THE WAY THEY ARE. 
          IT IS THE REASON WHY A FAST FOOD RESTAURANT LIKE TACO BELL NEEDS A SPECIAL USE PERMIT IN FRONT OF THE PLANNING BOARD. 
          IT'S REQUIRED BECAUSE IN THE 1976 COMPREHENSIVE PLAN, THERE WAS AN IDENTIFICATION OF THE LAND USES THAT CREATED THE MOST SERIOUS TRAFFIC AESTHETIC AND SAFETY PROBLEMS THROUGHOUT THE CENTRAL AVENUE CORRIDOR. 
          AND IT RECOMMENDED ZONING AND PLANNING SOLUTIONS TO LIMIT THEM, WHICH IS WHAT'S BEING APPLIED TODAY. 
          THE COMPREHENSIVE PLAN SPECIFICALLY FOUND THAT SOME OF THE PROBLEM USES WERE FAST FOODS, PLURAL ESTABLISHMENTS AND STATED THAT, AND THIS IS ON PAGE 29 OF THAT PLAN, FREE STANDING FAST FOOD ESTABLISHMENTS SHOULD BE DISCOURAGED. 
          THAT'S WHY THEY NEED A SPECIAL USE PERMIT. 
          ANOTHER QUOTE ON PAGE 33, BUFFER LANDSCAPING AND SEPARATED REQUIREMENTS SHOULD BE INCREASED. 
          THAT'S WHAT THE CURRENT ZONING REGULATIONS ARE DOING, AND THAT'S WHAT THESE VARIANCE REQUESTED REQUESTS ARE ASKING YOU TO OBVIATE, TO IGNORE, TO CONTRADICT. 
          UM, RIGHT NOW IS THE OPPORTUNITY FOR THIS BOARD TO ALLOW THIS NON-CONFORMING 
          [01:00:01]
LOT AT 57 NORTH CENTRAL AVENUE TO BEGIN COMPLYING WITH SOME OF THE REQUIRED CURRENT ZONING REGULATIONS AND OVERALL PLANNING OF NOT JUST THE 1976 PLAN, BUT THE MOST RECENT PLAN IN 2016. 
          THE 2016 COMPREHENSIVE PLAN THAT DIC DICTATES THE ZONING CALLS FOR GREATER LANDSCAPING THROUGHOUT CENTRAL AVENUE. 
          UM, THE CENTRAL AVENUE CORRIDOR. 
          AGAIN, THAT'S WHAT THEY'RE ASKING YOU TO WAIVE AS WELL AS WHEN YOU READ THE 2016 PLAN, IT TALKS ABOUT WHY SOME OF THE LOTS ARE UNUSUALLY SMALL. 
          IT'S BECAUSE THEY'RE TRYING TO CREATE AN INCENTIVE FOR A COMBINATION OF LOTS, UM, SO THAT THERE CAN BE A DIFFERENT TYPE OF DEVELOPMENT ON THE CENTRAL AVENUE CORRIDOR. 
          THAT'S WHY THIS LOT IS SMALL AND WHY THE TACO BELL DOESN'T FIT AMONG THE 14 REQUESTED VARIANCES, UM, THAT WE'RE ASKING YOU, UM, THAT SHOULD NOT BE ALLOWED IS ONE I JUST, ONE I WANNA FOCUS ON. 
          AND THAT GOES TO THIS MINIMUM 10 FOOT LANDSCAPE BUFFER THAT IS REQUIRED BY THE CURRENT CODE BETWEEN HARTSDALE GARDENS AND 57 NORTH CENTRAL AVENUE. 
          THEY ARE ASKING FOR A SEVEN FOOT VARIANCE. 
          SO THREE, THE THREE FOOT SETBACK FROM THE PROPERTY LINE OF HARSDALE GARDENS IS WHERE THE TRAFFIC QUEUE IS GOING TO GO. 
          I AGREE WITH MR. STEINITZ WHEN HE SAID THIS ENTIRE BUSINESS IS QUOTE HEAVILY PREDICATED ON A DRIVE THROUGH. 
          WELL, THEY MIGHT ONLY BE GETTING 17 CARS UP IN BRIARCLIFF FROM MAYAK, BUT THIS IS GREENBERG. 
          THERE IS A LOT OF COMMERCIAL ACTIVITY HERE. 
          AS YOU ALL KNOW, THERE IS A LOT OF TRAFFIC. 
          THEIR INCENTIVE, THEIR BUSINESS MODEL IS ATTRACTING THOSE CARS AT ALL HOURS INTO THAT DRIVE THROUGH. 
          THIS BOARD SHOULD NOT ALLOW VARIANCES THAT ENCOURAGE A FAST FOOD RESTAURANT WHOSE SUCCESS IS DEPENDENT UPON INCREASING TRAFFIC, INCLUDING LEFT TURN, LEFT TURNS ONTO HER PROPERTY. 
          WHEN THIS WAS THE VERY ISSUE THAT THESE ZONING REGULATIONS WERE MEANT TO REDUCE THE REQUESTED VARIANCES CANNOT BE GRANTED WITHOUT CONTRADICTING THE INTENT OF THE ZONING REGULATIONS IN THE CENTRAL AVENUE MIXED USE DISTRICT, AS IS MADE CLEAR BY THIS COMPREHENSIVE PLAN ON WHICH THEY ARE BASED ALLOWING THEM WOULD UNDERMINE THE OVERALL PLANNING OF THIS ZONING DISTRICT AND ESSENTIALLY TAKE US BACKWARDS TO BEFORE 1976. 
          THE ZONING VARI ORDINANCE MAKES VERY CLEAR THAT EXISTING NONCONFORMITIES CANNOT BE INCREASED. 
          I HAVE GIVEN YOU THE CODE IN MY OCTOBER 13TH LETTER. 
          I'M NOT GONNA REPEAT IT, BUT WHAT THE COMPREHENSIVE PLAN DOES SAY AT PAGE 33 IS VARIANCE REQUESTS SHOULD BE REVIEWED IN RELATION TO THE APPLICABLE CENTRAL AVENUE PLANNING PROPOSALS CONTAINED IN THIS REPORT. 
          AND FOR EVERYONE WHO SAYS, I JUST WANNA REMIND YOU, WHY AM I TALKING ABOUT THE 1976 PLAN? 'CAUSE IT'S IN YOUR CODE. 
          IT'S THE FIRST SENTENCE IN THE CENTRAL AVENUE MIXED USE DISTRICT AS TO WHAT APPLIES AND HOW YOUR ZONING APPLIES. 
          I APOLOGIZE, I DIDN'T WRITE THIS UP. 
          I ONLY GOT THE CODE ABOUT 36 HOURS AGO. 
          I HAVE BEEN FOILING IT SINCE THE SUMMER, SO THAT IS WHY I'M HERE TO TALK ABOUT IT NOW. 
          ON BEHALF OF THE RESIDENTS OF HARTSDALE GARDENS, WE BESEECH YOU TO FOLLOW NOT JUST THE OBVIOUS LANGUAGE OF THE ZONING REGULATIONS, BUT ALSO THE INTENT AND SPIRIT WITH WHICH THEY WERE WRITTEN. 
          AND WE REQUEST THAT YOU DENY THE VARIANCES REQUESTED BY THE APPLICANT FOR THE PROPOSED TACO BELL AT 57 NORTH CENTRAL AVENUE. 
          THANK YOU. 
          UM, EXCUSE ME. 
          YES, BEFORE YOU GO GO AHEAD, LEWIS. 
          I'M SORRY. 
          YOU KEEP GOING. 
          UM, YOU WERE MAKING A COMMENT ABOUT, I'M GOING BACK TO THE BEGINNING WHERE YOU SAID, UM, YOU CAN'T BUILD A NON-CONFORMING STRUCTURE MM-HMM . 
          ON A SITE THAT ALREADY HAD A NON-CONFORMING STRUCTURE ON IT. 
          YOU'VE CLEARED THAT UP RIGHT NOW. 
          MM-HMM . 
          UM, BUT YOU MAY HAVE TO HELP ME WITH MY MEMORY, BUT I COULD HAVE SWORN LAST MONTH, ALTHOUGH YOU SAID THAT COMMENT, YOU NEVER SAID AFTERWARD WHETHER YOU COULD OR YOU CAN'T OR COULD DOVE A NON-CONFORMING STRUCTURE ON A SITE THAT ALREADY HAD A NONCONFORMING STRUCTURE ON IT. 
          THE REASON WHY I REMEMBER THAT IS BECAUSE I WAS LOOKING BOTH WAYS AT THE MEMBERS OF THIS BOARD AND WAS WONDERING THEN 
          [01:05:01]
WHY ARE WE HERE? I COULD HAVE HAVE, UM, SAID, IF YOU WOULD'VE SAID YOU COULD OR YOU OR YOU CAN'T, THEN I WOULD SAY, OKAY, FINE. 
          THAT'S A GOOD STATEMENT TO MAKE. 
          BUT YOU JUST STARTED OFF VERY AUTHORITATIVELY STATING THAT IF YOU ARE, UH, DEMOLISHING A BUILDING ON A NON-CONFORMING SITE, YOU CAN'T BUILD ANOTHER NON-CONFORMING STRUCTURE ON THAT SITE. 
          YOU DIDN'T SAY OR FOLLOW THAT UP WITH. 
          BUT THAT'S WHY WE HAVE VARIANCES SO THAT YOU CAN GO IN FRONT OF THE ZBA AND REQUEST THOSE VARIANCES THAT WOULD ALLOW YOU TO BUILD A NON-CONFORMING STRUCTURE ON A SITE THAT ALREADY HAD A NON-CONFORMING STRUCTURE ON IT. 
          UM, HELP ME IF I WAS RIGHT IN THAT STATEMENT, BUT I I, I'M PRETTY SWORN THAT THAT'S THE THOUGHT THAT WENT THROUGH MY MIND BECAUSE IT WAS SO BOLDLY STATED MM-HMM . 
          THAT YOU CAN'T BUILD A NON-CONFORMING STRUCTURE ON A SITE THAT HAD A PREVIOUS NON-CONFORMING STRUCTURE ON IT. 
          THAT STUCK VERY STRONGLY IN MY MIND. 
          YOU ARE NOW SAYING, OH YES, I MADE THAT STATEMENT, BUT I ALSO DIDN'T SAY THAT YOU COULD OR YOU COULDN'T IF YOU WENT IN FRONT OF A ZONING BOARD. 
          SO THAT'S KIND OF LIKE CHANGING A LITTLE BIT OF WHAT YOU'RE SAYING AND THAT BOTHERS ME A LITTLE BIT. 
          THAT'S ALL I HAVE TO SAY. 
          WELL, I REALLY APPRECIATE THE CONSTRUCTIVE FEEDBACK. 
          UM, MAYBE I WAS VERY NERVOUS LAST TIME. 
          UH, IF I SAID SOMETHING I DIDN'T MEAN TO SAY. 
          I HOPE IT WAS CLEAR IN MY LETTER. 
          UM, I WILL SAY YOUR CODE IS VERY UNCLEAR ABOUT WHETHER OR NOT TEARING DOWN A NON-CONFORMING BUILDING IN THIS DISTRICT IS ALLOWED. 
          THERE'S MORE SPECIFICS, UM, ABOUT OTHER DISTRICTS, OTHER ZONING DISTRICTS WHERE, FOR EXAMPLE, IF SOMETHING BURNS DOWN AND YOU'RE ALLOWED TO, IF IT BURNS DOWN A CERTAIN AMOUNT, THEY'RE ALLOWED TO REPLACE IT UP TO A POINT. 
          UM, SO YOUR CODE, ACTUALLY, I PROBABLY NEEDS TO BE UPDATED. 
          MY FIRM CAN HELP YOU WITH THAT IF YOU WANT IT. 
          UM, BUT, UH, UH, THE, IT'S NOT, IT'S NOT YOUR, YOUR, YOUR CODE IS NOT CLEAR ABOUT WHETHER OR NOT, OR HOW YOU CAN JUST TAKE DOWN A NONCONFORMING BUILDING. 
          SO THANK YOU FOR THAT. 
          BUT YOUR CO THE CODE IS VERY CLEAR THAT YOU CAN'T INCREASE EXISTING NONCONFORMITIES THAT ALREADY EXIST. 
          SO WHETHER OR NOT YOU CAN TEAR DOWN THE BUILDING YES, THAT'S RIGHT. 
          IT DOES SAY THAT UNLESS YOU APPLY FOR VARIANCES, AND IF THAT VARIANCE IS, IS WITHIN THE SPIRIT OF THE ORDINANCE, THEN I WOULD AGREE WITH YOU. 
          BUT WHAT THEY'RE ASKING FOR VIA WHO IS THEY? WHAT, WHO IS THEY, I'M SORRY. 
          THE APPLICANT. 
          OKAY. 
          THE NUMBER OF, OF VARIANCES THAT THE APPLICANT IS ASKING FOR, ALL 14, SEVEN OF THEM ARE INCREASING THE NONCONFORMITIES. 
          SO HALF, EVEN THOUGH THEY TOOK OUT ALL THE SIGNED ONES, ARE INCREASING THE NONCONFORMITIES. 
          SO I BELIEVE SOMEWHERE I HAD HEARD OR READ THAT WE ARE NOT HERE TO DETERMINE THE QUANTITY OF THE, UM, ITEMS THAT ARE PART OF THE APPLICATION, BUT THE QUALITY OF THEM, THAT'S WHAT'S THE MOST IMPORTANT TO US ON THIS BOARD. 
          SO WE HAVE HEARD APPLICATIONS IN THE PAST WITH EVEN MORE, UM, OF THESE THAN WHAT ARE CURRENTLY IN THIS APPLICATION. 
          SO IT'S NOT THE, UH, QUANTITY, UM, I GUESS IT'S THE QUALITY. 
          I AGREE WITH YOU. 
          IT'S A CUMULATIVE IMPACT OF BOTH THE NUMBER AND THE EXTENT OF EACH VARIANCE, WHICH IS WHAT THE LAW SAYS, HAS TO BE EVALUATED. 
          AND THAT'S WHAT WE'RE HERE FOR. 
          YES. 
          TO EVALUATE EACH ONE OF THEM. 
          I DO NOT BELIEVE YOUR CODE ALLOWS THIS BOARD TO TEAR DOWN A BUILDING IN THE CENTRAL AVENUE MIXED USE DISTRICT THAT IS NON-CONFORMING AND BUILD A LARGER NON-CONFORMING BUILDING. 
          THAT'S THE INTERPRETATION WE'RE ASKING FOR. 
          'CAUSE WE'RE NOT JUST WHAT WE SUBMITTED IS NOT JUST ASKING YOU TO DENY THE VARIANCES. 
          WE DID ALSO ASK YOU FOR AN INTERPRETATION OF THE CODE, SENDING ONE ELSE. 
          HAVE ANY NO, MY, MY QUESTION'S A LITTLE SIMPLE. 
          IT'S JUST I GOT A SIMPLE ONE. 
          GO AHEAD. 
          IF THIS WERE NOT A DRIVE THROUGH, BUT, UM, RELATIVELY CONFORMING, 
          [01:10:01]
UM, TACO BELL AS A STANDALONE RESTAURANT, WOULD THERE BE THE SAME OBJECTION? WE ARE NOT OBJECTING TO THE USE. 
          THE USE IS OBVIOUSLY ALLOWED. 
          UM, I THINK IT IS THE LOCATION OF THE QUEUE, WHICH IS VERY DIFFICULT. 
          SO, SO AGAIN, THAT'S WHY I'M BEING VERY PARTICULAR WITH THE QUESTION THAT IF IT WERE NOT A DRIVE THROUGH AND THAT APPLICANT WAS PURSUING TO PUT A RESTAURANT THERE, A TACO BELL? YEAH. 
          A WALK-IN, A WALK-IN. 
          IF YOU TOOK THE HONEYBAKED HAM BUILDING AND TURNED IT INTO A TACO BELL, WOULD ANYBODY HERE HAVE A PROBLEM WITH IT? THAT'S NOT THE ISSUE. 
          OKAY. 
          YEAH. 
          SO AGAIN, IN TERMS OF THE QUEUE, IN TERMS OF THE QUANTITY OF CARS, AND SO THEY'RE ALL CLEAR THAT IF WE WERE TO APPROVE THEM TO HAVE JUST A WALK-IN, IN TERMS OF THE VARIANCES NECESSARY FOR PARKING, WHICH WOULD INCREASE THE NUMBER OF VEHICLES ON THAT PROPERTY, YOU'RE SAYING THAT THAT WOULD NOT BE AS MUCH OF A CONTENTIOUS POINT? I WILL ASK MY CLIENTS. 
          I NO HALF MILLION DOLLARS FOLKS. 
          THAT'S 25 CARS AN HOUR. 
          SORRY, CAN YOU PLEASE COME UP TO THE MIC? I'M SORRY. 
          YOU YELLING FROM THE BACK OF THE ROOM MEANS NOTHING TO US. 
          I'M SORRY. 
          YEAH, SO AGAIN, YOU HAVE TO GET ON THE RECORD. 
          I, I JUST WANT TO BE VERY SPECIFIC IN, IN WHAT WE'RE TALKING ABOUT. 
          NOBODY IS OPPOSING TACO BELL BECAUSE IT'S TACO BELL. 
          OKAY. 
          AND I JUST WANTED TO CLARIFY THAT. 
          YEAH. 
          OKAY. 
          THANK YOU. 
          AND I'M JUST GONNA CLARIFY ONE OTHER THING. 
          UM, IN TERMS OF THE SEEKER REVIEW, UM, THE PLANNING BOARD DID ISSUE A NEGATIVE DECLARATION YES. 
          IN JULY, WHICH YOU SAID THEY DIDN'T. 
          NO, I SAID THEY THEY SUBMITTED A NEUTRAL, THE NEUTRAL RECOMMENDATION WAS TO THIS BOARD. 
          YES. 
          I'M SORRY IF I WASN'T CLEAR. 
          THEY ABSOLUTELY DID A NEGATIVE DECLARATION. 
          I WAS SAYING IT WAS A NEUTRAL RECOMMENDATION TO COME HERE. 
          I DIDN'T WANT IT TO THINK AS IF THE PLANNING BOARD HAD APPROVED ANYTHING OTHER THAN MAKE A SECRET DETERMINATION. 
          OKAY. 
          ALRIGHT. 
          UNFORTUNATELY, WITH THE TIME WE HAVE, WE HAVE TO MOVE ALONG. 
          WE HAVE SEVEN MORE CASES THAT ARE HERE. 
          YOU CAN SUBMIT WRITING THAT CAN GO INTO THE MINUTES WAY LONGER THAN WE. 
          YEAH. 
          AND PART OF THAT WAS THAT BECAUSE THEIR APPLICATION HAD CHANGED SO THAT YOU AS THE PUBLIC WOULD BE AWARE OF THOSE CHANGES IN THE PUBLIC FORUM. 
          SO THAT'S WHY THEY WERE GIVEN THE FIRST ROUND ROBIN, BECAUSE YOU ALL COULD HAVE SPOKEN, THEY WOULD'VE SPOKEN AND GIVEN THEIR POINTS OF VIEW, AND THEN YOU WOULD WANTED TO REBUT THOSE AGAIN. 
          SO YES, WE DO GIVE DEFERENCE TO THE APPLICANT TO BE ABLE TO BE CLEAR WITH YOU WHAT THOSE CHANGES WERE. 
          SIR, QUICKLY, I MEAN, MY NAME IS ANDREW PERSAD. 
          I AM THE TREASURER OF HARTSDALE GARDENS. 
          I WANT TO THANK YOU ALL FOR GIVING US THE TIME TO SPEAK HERE TONIGHT. 
          I UNDERSTAND THAT MY TIME IS LIMITED, BUT THAT THIS IS A PUBLIC FORUM AND WE FELT AT HARTSDALE GARDENS IT WAS IMPORTANT TO HAVE SOMEONE THAT LIVED THERE TO SPEAK ON, ON THEIR BEHALF. 
          I WILL BE THE ONLY ONE THAT SPEAKS, IF THAT HELPS. 
          I WOULD START WITH A QUESTION OF, IT'S A RHETORICAL QUESTION, NOT AIMED AT ANYONE ON THE BOARD, BUT WOULD YOU WANT TO LIVE WITHIN A HUNDRED FEET OF A TACO BELL AND, UH, SOMEONE WHO WERE NOT, NOT SAYING THE, THE CLIENTS BEHIND ME, BUT IF THEY WOULD, SOMEONE WHO WOULD WANNA BUILD A TACO BELL MIGHT SAY, OH, IT'S A HUNDRED FEET AWAY. 
          IT'S FAR ENOUGH AWAY. 
          THAT'S THE LENGTH OF A BASKETBALL COURT. 
          AND IF YOU'VE BEEN ON A BASKETBALL COURT BEFORE, YOU CAN ABSOLUTELY HEAR FROM ONE END TO ANOTHER A HUNDRED FEET VIA THE TONE THAT WAS CONVEYED, THAT WAS CONVEYED, THAT THAT WAS A LARGE AMOUNT. 
          IT'S, IT'S NOT. 
          ANOTHER THING THAT WAS STATED WAS, OR THAT SOMEONE WHO IS BUILDING A TACO BELL MIGHT SAY, THIS IS NOT MY FIRST TIME DOING THIS. 
          I'VE DONE THIS BEFORE. 
          TRUST ME. 
          WELL, WHAT WAS FAILED TO BE MENTIONED WAS HOW MANY OF THOSE TACO BELLS THAT YOU OWN ARE WITHIN A HUNDRED FEET OF A RESIDENTIAL BUILDING. 
          DOES THE CONVENIENCE OF BEING ABLE TO WALK OUTTA MY DOOR AND PICK UP A CHALUPA OUTWEIGH THE CONS FROM THE NOISE, THE FUMES FROM THE CARS, SOMETHING AS SIMPLE AS THE CIGARETTES BEING THROWN OUT THE WINDOW WHEN PEOPLE ARE SMOKING, COMING OUTTA THE DRIVE-THRU, LET ALONE THE TRAFFIC THAT HAS BEEN TALKED ABOUT A BUNCH THAT I'M NOT GONNA GO INTO WHAT WAS ALSO MENTIONED THAT RIO POINTED OUT, WE HAVE A BUILDING WITH THE SINGLE MOST VARIANCES HARTSDALE GARDENS. 
          OKAY. 
          SAID WITH A A LOT OF CONVICTION AND TONE. 
          YOU MIGHT BELIEVE THAT THAT GIVES THEM THE RIGHT TO SEEK MORE VARIANCES. 
          AND I UNDERSTAND THAT 
          [01:15:01]
IT'S NOT THE QUANTITY THAT MATTERS. 
          HOWEVER, AGAIN, AS REAPPOINTED OUT, OUR BUILDING WAS BUILT IN 1927, AND WHEN THEY BROUGHT UP THEIR TRAFFIC EXPERT, THEY USED PHRASES SUCH AS THE DIFFERENCES ARE NOT SIGNIFICANT OR THERE'S NO SIGNIFICANT IMPACT. 
          AND THAT WAS THEIR FINDINGS FROM OUR POINT OF VIEW AT HARTSDALE GARDENS, TO QUOTE THEIR COUNCIL, THAT IS FLAT OUT, AND I'LL PROVE WHY THEY DID THEIR TRAFFIC STUDY AT AN INTERSECTION CONTROLLED BY A TRAFFIC LIGHT THAT CONTROLS THE FLOW OF TRAFFIC AND THE TIME OF THE CARS AT THE LIGHTS. 
          THEY DID NOT DO A TRAFFIC STUDY OF THE LEFT HAND TURNS INTO THE DRIVEWAYS. 
          DID THEY COUNT THE NUMBER OF CARS MAKING LEFT HAND TURNS INTO THE DRIVEWAYS OR OUTTA THE DRIVEWAYS? DID THEY STUDY THE TIME IT TAKES TO TAKE A LEFT HAND TURN INTO THE DRIVEWAYS OR OUTTA THE DRIVEWAYS? ON MY WAY HERE TONIGHT, I TRIED TO MAKE A LEFT-HAND TURN. 
          I HAVE A PICTURE ON MY PHONE, BUT I WON'T SHOW YOU. 
          HOPEFULLY YOU TRUST ME. 
          BUT I DO HAVE IT ON MY PHONE IF YOU WOULD LIKE TO SEE IF I CAN SUBMIT IT. 
          IT TOOK ME EIGHT MINUTES AND 37 SECONDS TO MAKE A LEFT-HAND TURN AT APPROXIMATELY 6:15 PM THIS EVENING. 
          WE'RE IN OCTOBER. 
          OKAY. 
          THEIR TRAFFIC STUDY WAS DONE, THEY SAID WITHIN THE LAST MONTH, WHAT HAPPENS IN NOVEMBER OR DECEMBER. 
          IT'S THE FACT THAT THEY DIDN'T CONDUCT THE TRAFFIC STUDY IN THE RIGHT PLACE. 
          IT'S THE FACT THAT THEY DIDN'T STUDY THE RIGHT THINGS, BUT IT'S ALSO THE FACT THAT THEY DIDN'T DO IT AT THE RIGHT TIME OF YEAR THAT PROVES THEY ARE FLAT OUT INCORRECT. 
          AGAIN, TO QUOTE THEIR COUNSEL, THEY MENTIONED THE LOCATIONS, CARMEL, MOHEGAN AND BRIARCLIFF. 
          I FORGOT THE FOURTH ONE WHERE IT WAS. 
          AND THAT 11 TRANSACTIONS OCCURRED PAST 10:00 PM ON THE WEEKDAYS AND 17 TRANSACTIONS ON FRIDAYS AND WEEKENDS. 
          CARMEL IS NOT CENTRAL AVE IN SCARSDALE AND HARTSDALE. 
          OKAY? IF YOU, IF YOU JUST DRIVE ON CENTRAL AVE IN RUSH HOUR, IT MAY OR YOU TRY TO MAKE A LEFT TURN, IT MAY TAKE YOU THE EIGHT MINUTES THAT IT TOOK ME TONIGHT. 
          AGAIN, FROM MY PERSPECTIVE AND OUR PERSPECTIVE AT HARSDALE GARDENS, FLAT OUT INCORRECT. 
          UH, LEWIS OR WILLIAM, ONE OF YOU HAD BROUGHT UP AND ASKED THE QUESTION TO RHE, WHAT IF THIS WERE A CONFORMING TACO BELL? I WOULD LIKE TO ANSWER THAT ON BEHALF OF THE BOARD. 
          I CAN'T SPEAK FOR EVERYONE, BUT I WOULD SAY AND ANSWER THAT WE'RE NOT TALKING ABOUT A 12 FOOT TACO BELL WITHOUT A DRIVE THROUGH. 
          THAT'S NOT WHAT WE'RE HERE DISCUSSING TONIGHT. 
          WE'RE DISCUSSING A 21 FOOT BUILDING THAT'S GONNA HAVE THE MOST STATE OF THE ART SOUND, DEADENING, BULLETPROOF, UH, GRASS SHRUBBERY THAT'S GONNA BLOCK ALL OF THE SOUND. 
          THAT'S WHAT WE'RE HERE DISCUSSING TONIGHT. 
          SO IF WE WANNA COME BACK ANOTHER TIME AND THEY WANNA SUBMIT FOR A 12 FOOT TACO BELL, ABSOLUTELY LET, LET, LET, LET'S HAVE THAT CONVERSATION. 
          BUT THAT'S NOT WHAT WE'RE TALKING ABOUT TONIGHT. 
          I WILL END WITH THIS, GIVEN THAT TIME IS LIMITED, AND I AGAIN, GREATLY APPRECIATE ALL OF YOUR TIME. 
          WE WENT DOOR TO DOOR AND WE COLLECTED SIGNATURES AND HAD ALMOST A HUNDRED SIGNATURES OF THE RESIDENTS THAT LIVE THERE. 
          WE HAVE TWO PARAGRAPHS THAT I WOULD LIKE TO READ ON BEHALF OF THE HARTSDALE GARDEN SO THAT IT'S NOT JUST MY VOICE WITH THE POINTS THAT I WROTE DOWN TONIGHT, BUT IT'S ALSO EVERYONE'S VOICE. 
          AS RESIDENTS OF HARTSDALE GARDENS, WE STRONGLY OPPOSE THE DEVELOPMENT OF THE PROPOSED TACO BELL DRIVE-THROUGH RESTAURANT AT 57 NORTH CENTRAL AVENUE. 
          DUE TO THE HARMFUL IMPACTS IT WILL HAVE ON OUR HOMES NEXT DOOR. 
          IN ADDITION TO THE D DELETERIOUS EFFECTS ON OUR DAILY LIVES, IT WILL UNACCEPTABLY INCREASE THE RISK OF AUTOMOBILE ACCIDENTS ON THE ROADS IMMEDIATELY IN FRONT OF OUR BUILDING. 
          THE TOWN HAS AN OBLIGATION IN THIS MIXED USED ZONING DISTRICT TO ENSURE THAT RESIDENTIAL USES ARE PROTECTED AND THAT PROPOSED COMMERCIAL USES DO NOT MAKE LIVING ON CENTRAL AVENUE MISERABLE. 
          AND MORE IMPORTANTLY, DANGEROUS. 
          A DRIVE-THROUGH RESTAURANT IS THE WORST POSSIBLE PLAN FOR THIS ADJACENT PROPERTY. 
          AS THE PLANS DEMONSTRATE IT DOES NOT FIT THE TOWN TRAFFIC CONSULTANT HAS IDENTIFIED THE RISK OF VEHICLE ACCIDENTS ON THE DRIVE-THROUGH LANE. 
          AND ANOTHER TRAFFIC CONSULTANT HAS IDENTIFIED POTENTIAL VEHICULAR ACCIDENTS ON SITE AS WELL AS THE RISK OF TRAFFIC BACKING UP ON CENTRAL AVENUE. 
          THOSE FAMILIAR WITH THE STREET ITS PARKING AND TRAFFIC FLOW KNOW HOW HORRIBLE THIS PROPOSAL WILL BE FOR THE RESIDENTS AND FOR THE LARGER COMMUNITY. 
          FOR ALL THOSE REASONS, ENUMERATED AND MANY MORE ILLUSTRATED IN THIS PACKET, WHICH I'M NOT GONNA READ FOR THE SAKE OF YOUR TIME, 
          [01:20:01]
WE REQUEST THAT THE APPROVALS OF THIS PROPOSED TACO BELL DRIVE THROUGH BE DENIED. 
          SO I WANT TO COMMENT THAT I'M HOPING YOU REALIZE THAT A GOOD PORTION OF THE TIME SPENT ON THIS WAS ABOUT TRAFFIC. 
          OKAY. 
          WHETHER IT OCCURRED ON FOUR CORNERS OR WHETHER IT WAS LEFT TURN IN, LEFT TURN OUT. 
          SO WE ARE CONSIDERING THAT TO SOME GREAT LENGTH. 
          SO PLEASE UNDERSTAND THAT WE AT THE BOARD ARE TRYING TO MAKE SURE THAT WHETHER IT'S A TACO BELL WITH A DRIVE-THROUGH OR WHATEVER ELSE IS PROPOSED FOR THIS SITE, BEST FITS ON THAT SITE AND IS THERE FOR THE ADVANTAGE OF WHITE PLAIN, SCARSDALE, HARTSDALE, WHATEVER. 
          I APPRECIATE THAT. 
          THANK YOU VERY MUCH, LUCY. 
          YOU'RE WELCOME. 
          CAN I SUBMIT THIS MADAM CHAIR? WE WOULD SIMPLY ASK THAT. 
          I UN I UNDERSTAND YOU WANNA MOVE ON. 
          THERE ARE A NUMBER OF THINGS WE WOULD LOVE TO SAY. 
          WE WILL NOT, WE WON'T, WE WON'T OVERSTAY OUR WELCOME. 
          HOWEVER, I WOULD ASK RESPECTFULLY THAT YOU KEEP THE PUBLIC HEARING OPEN FOR A COUPLE OF REASONS. 
          THERE ARE THINGS THAT I KNOW OUR, OUR CLIENT AND OUR TEAM WOULD LIKE TO RESPOND TO, AND MAYBE MORE THAN ANYTHING. 
          UM, UNFORTUNATELY, MR. CANNING ARRIVED AT THE MEETING, BUT HE ARRIVED SOMEWHAT LATER THAN MAYBE YOU ALL WOULD'VE PREFERRED. 
          HE MISSED A NUMBER OF THE COMMENTS THAT WERE MADE AND QUESTIONS FROM SHAUNA ON THE VEHICULAR COUNTS AND MOVEMENTS. 
          SO I WOULD HOPE THAT IF THAT, IF YOU'RE NOT READY TO MOVE FORWARD AND YOU'RE WILLING TO AT LEAST LISTEN TO SOME ADDITIONAL INFORMATION, MR. CANNING AND HIS FIRM SPENT A GREAT DEAL OF TIME AT A SIGNIFICANT EXPENSE TO THE TOWN AND MY CLIENT THAT I THINK IT WOULD BE HELPFUL IF HE COULD BE HEARD AGAIN AT THE NEXT MEETING. 
          SO, UH, WE WOULD RESPECTFULLY REQUEST THAT YOU ADJOURN THE PUBLIC HEARING, ALLOW US TO RESPOND TO SOME THINGS. 
          AND I I WOULD HOPE THAT WE COULD CONCLUDE THIS, UM, AT THE NEXT MEETING. 
          WE'RE HAPPY TO STAY AND KEEP GOING, BUT I HAVE A FEELING THERE ARE OTHER APPLICANTS HERE. 
          YES. 
          WHO DESERVE THE MICROPHONE. 
          WE DO HAVE TO GO FORWARD. 
          I'M SORRY. 
          I SAID WE DO HAVE TO GO FORWARD. 
          YES. 
          BUT WE'LL TAKE UNDER ADVISEMENT WHAT WE'RE GOING TO DO, MADAM CHAIR, SORRY. 
          THIS IS, UH, GARRETT TO BE PLANNING COMMISSIONER. 
          UH, JOHN KENNEDY HAS BEEN ON DURATION, SO, UH, THE BOARD SHOULD KNOW THAT AT ANY TIME IF YOU HAVE QUESTIONS FOR HIM, HE'S ALWAYS AVAILABLE. 
          THANK YOU. 
          ALRIGHT, WHERE ARE WE? ANY OTHER COMMENTS? NO, WE CAN MOVE ON. 
          YES, WE'RE GOING TO MOVE ON. 
          OKAY. 
          TO 25 19. 
          JUSTIN LING AND FRANKLIN JONES, TRY TO BE AS QUIET AS YOU CAN WHEN YOU MOVE OUT SO THAT WE DON'T. 
          GOOD EVENING. 
          MEMBERS OF THE BOARD, DAVID BO, BEAUTY ARCHITECT, UH, REPRESENTING THE LYNN FAMILY AT 50 MULLIGAN LANE. 
          UM, WE'RE HERE AGAIN TONIGHT, UM, UH, FOR A TWO CAR GARAGE, UH, REQUESTING A VARIANCE. 
          UM, NINE 19 FEET IS PROPOSED WHERE, UH, 12 FEET IS A THE MAXIMUM, UH, UM, I APOLOGIZE, BUT CAN YOU SPEAK INTO THE MICROPHONE PLEASE? OH, SORRY ABOUT THAT. 
          UM, SO DAVID, BARB, BEAUTY ARCHITECT. 
          UH, SO HERE TONIGHT FOR A, UH, HEIGHT VARIANCE ON A TWO CAR GARAGE SLASH ACCESSORY STRUCTURE. 
          UM, 12 FOOT HIGH IS PERMITTED, UM, PROPOSED AS 19 FEET. 
          UM, AS MENTIONED AT LAST MEETING, IT'S A TWO CAR GARAGE. 
          UH, WE HAVE ACCESSORY STORAGE UNDERNEATH THE GARAGE, UH, AT A BASEMENT AREA AND ABOVE WILL BE, UM, A SECOND FLOOR STUDIO. 
          UH, BASICALLY IT'S GONNA BE A HOME OFFICE. 
          I HAVE A QUESTION. 
          SURE. 
          UM, 
          [01:25:02]
THE RESIDENCE IS TWO STORIES, AND THIS IS ONE AND A HALF STORIES, ESSENTIALLY FROM 19. 
          CORRECT. 
          UM, AND FROM WHAT I CAN TELL, IT'S ON THE, IT'S NOT A FLAT, UH, THE, THE PLOT, THE LOT IS NOT FLAT. 
          CORRECT. 
          SO IS THE TOP OF THIS GARAGE HIGHER OR LOWER THAN THE HOUSE? WHEN YOU LOOK FROM THE STREET? SO IF YOU LOOK FROM THE STREET, UM, THE HOUSE IS TALLER THAN THE GARAGE. 
          THE HOUSE IS TALLER THAN THE GARAGE. 
          OKAY. 
          CAN YOU SAY HOW MUCH TALLER? UH, I COULD SPECULATE, BUT I DON'T HAVE A DEFINITIVE ANSWER. 
          I DON'T WANT TO ACTUALLY SAY ONE THING AND IT'S NOT, I MEAN, I WASN'T PREPARED TO ANSWER THAT QUESTION TONIGHT. 
          MY, MY OTHER QUESTION WAS DOES THE HOUSE HAVE A GARAGE? UH, IS THIS THE ONLY PLACE FOR INDOOR STORAGE OF THE CARS? UH, SO PRESENTLY THE HOUSE HAD OUTDOOR PARKING, SO BASICALLY AT THE LOCATION, AND I'LL GO BACK TO THE SITE PLAN, IT, IT WAS JUST UNCLEAR WHETHER THAT, SO IT WAS NEVER DESIGNED WITH ANY GARAGE. 
          SO PRESENTLY WHERE THE GARAGE IS LOCATED, THAT WAS AN EXISTING DRIVEWAY WITH OPEN AIR PARKING. 
          OKAY. 
          AND AT THAT POINT, THE PROPERTY KIND OF SLOPED SO OFF, IT LOOKS LIKE IT WAS FILLED IN OVER THE YEARS TO CREATE A LEVEL PARKING AREA PRIOR TO MY OWNER, MY CLIENT OWNING THE PROPERTY. 
          SO WHEN WE DROPPED THE, IT'S THE MOST LOGICAL PLACE TO SPLIT THE GARAGE, UM, INSTEAD OF FILLING THE FOUNDATION IN AND ADDING A SHED TO THE PROPERTY FOR STORAGE OF LAWN EQUIPMENT, WE DECIDED TO MAKE IT USABLE SPACE UNDERNEATH AND, YOU KNOW, PUT A SET OF DOORS THERE SO THEY CAN USE IT. 
          KEEP EVERYTHING IN ONE STRUCTURE. 
          I AM SORRY, LIZ. 
          YEAH, I'M JUST GONNA ASK LIZ , UM, AGAIN, I HAVE, I'M SORRY, LIZ, UH, AGAIN, I HAVE TO EXCUSE MY MEMORY, BUT WASN'T THERE A REASON WHY THIS WAS HELD OVER FOR ANOTHER MONTH? DIDN'T HAVE ANYTHING TO DO WITH HEIGHT, UM, BUT WITH SOMETHING ELSE? SO THAT WAS WHEN THE POWER WENT OUT. 
          , I'M SORRY, I CAN'T HEAR YOU. 
          THAT, THAT LAST MEETING THE POWER WENT OUT WHEN I WAS TRYING TO EXPLAIN. 
          OH YEAH. 
          UM, I DON'T KNOW IF THAT WAS ON PURPOSE, BUT, UM,  SO LONG, LONG AND THE SHORT, THERE WAS A COUPLE OF QUESTIONS. 
          ONE WAS IF IT WAS A PREEXISTING NONCONFORMING TWO FAMILY, WHICH IT IS, UH, THE SECOND QUESTION WAS WHETHER IT REQUIRED A USE VARIANCE TO HAVE HABITABLE SPACE IN A DETACHED GARAGE. 
          IT DOES NOT NEED A USE VARIANCE, IT JUST NEEDS THE AREA VARIANCE FOR THE HEIGHT. 
          UM, HABITABLE SPACE IN A DETACHED STRUCTURE IS A PERMISSIBLE ACCESSORY USE IN A RESIDENTIAL DISTRICT. 
          OKAY. 
          UM, DID YOU HAVE SOMETHING, KRISTEN? NO, I WAS GONNA ASK THE SAME QUESTION. 
          OKAY. 
          ANYTHING ELSE, MR. MUSS? I DON'T HAVE ANYTHING. 
          ANYONE IN THE AUDIENCE WANNA ADDRESS THIS CASE? OKAY, THANK YOU. 
          OKAY, THANK YOU. 
          AND THE NEXT CASE IS CASE 22, 23, 25 20. 
          MY GOODNESS. 
          TAKE MY GLASSES OFF. 
          25 23 MC FATE. 
          MS. LANIS, 55 JACKSON AVENUE. 
          GOOD EVENING CHAIR. 
          MEMBERS OF THE BOARD, CATHERINE LANIS FROM S SILVERBERGS LANIS FOR THE PROPERTY ORDER. 
          MICHAEL DE FATE. 
          UM, WE REPRESENT THE PROPERTY OWNER IN CONNECTION WITH THE APPEAL FROM A NOTICE OF VIOLATION ISSUED ON JUNE 10TH, 2024. 
          AND WE ARE REQUESTING THAT THIS BOARD DETERMINE THAT THE PROPERTY IS NOT IN VIOLATION OF ANY CODE PROVISION AND THAT NO USE SITE PLAN APPROVAL OR BUILDING PERMIT ARE REQUIRED AS INCORRECTLY DETERMINED IN THE NOTICE OF VARIANCE. 
          TO QUOTE YOGI BERRA, IT'S LIKE DEJA VU ALL OVER AGAIN. 
          BACK IN 2008, 
          [01:30:01]
THIS BOARD GRANTED THE PROPERTY A USE VARIANCE TO ALLOW MY CLIENT TO REESTABLISH HIS LONG, HIS FAMILY'S LONGSTANDING HOT DOG STAND OR LUNCH WAGON, AS WELL AS TO ALLOW THE LIMITED SALE OF FLOWERS ON THREE DAYS AND TO ALLOW THE SALE OF CHRISTMAS TREES THREE WEEKS BEFORE CHRISTMAS. 
          IN SO RULING THIS BOARD FOUND THAT THE HOTDOG STAND WAS LOCATED IN A PROPERLY LICENSED TRUCK. 
          AS PART OF THE USE VARIANCE, MR. DEFE WAS REQUIRED TO FILE A DECLARATION OF RESTRICTIVE COVENANT THAT LIMITED THE USE TO SPECIFICALLY THOSE THREE ITEMS, INCLUDING CONDUCTING, UH, THE HOTDOG STAND, ONE HOTDOG STAND LUNCH WAGON. 
          IN GRANTING THE USE VARIANCE, THIS BOARD DID NOT APPROVE A SPECIFIC PLAN. 
          AND BOTH PRIOR TO AND AFTER THIS BOARD'S GRANTING OF THE 2008 USE VARIANCE, THERE WAS ALWAYS A BLACKTOP GRAVEL ON THE PROP BLACKTOP GRAVEL PARKING AREA FOR PARKING. 
          AND THAT'S SHOWN IN THE 20 2007 SURVEY THAT'S ATTACHED TO THE PACKET TO THE LETTER DATED JULY 30TH, 2025 AS EXHIBIT D. 
          AND IT'S ALSO SHOWN IN THE 2004 AERIAL PHOTOS, WHICH IS THE LAST TWO PAGES OF EXHIBIT E. 
          AND THAT IS HOW THE PROPERTY EXISTED WHEN THIS BOARD GRANTED THE USE VARIANCE IN 2008. 
          SO UPON OBTAINING THE USE VARIANCE IN 2008, THE PROPERTY CONTINUED TO BE USED AS IT HAD BEEN USED FOR DECADES. 
          SO BOTH BEFORE AND AFTER THE GRANTING OF THE USE VARIANCE, THERE WAS TEMPORARY SEATING ON THE PROPERTY FOR THE HOTDOG STAND AND ATTACHED AS EXHIBIT E. 
          WE PROVIDED PICTURES FROM 20 19, 20 21, 20 22, AS WELL AS GOOGLE MAP AERIAL IMAGES FROM 2004 DEPICTING TABLE AND UMBRELLA ON THE PROPERTY. 
          IN FEBRUARY, 2024, A NEW FOOD TRUCK REPLACED THE PRIOR FOOD TRUCK. 
          DESPITE THIS DECADES LONG USE, AND DESPITE THIS BOARD'S GRANTING OF A USE VARIANCE IN 2008, THE NOTICE OF VIOLATION WAS ISSUED. 
          WE'RE ASKING THAT THIS BOARD DETERMINED THAT THE BUILDING DEPARTMENT ERRED IN ISSUING THE NOTICE OF VIOLATION IN DETERMINING THAT THERE WAS VIOLATIONS OF THE ZONING CODE. 
          AND IN DETERMINING THAT THE APPLICANT NEEDED TO OBTAIN A USE VARIANCE AND SITE PLAN APPROVAL TO REMEDY THE VIOLATIONS. 
          AS THIS BOARD WELL KNOWS, THIS BOARD HAS AUTHORITY TO NOT ONLY REVERSE THE BUILDING DEPARTMENT'S DETERMINATION, BUT TO MAKE THE DETERMINATION THE BUILDING DEPARTMENT OUGHT TO HAVE MADE. 
          AND WE'RE ASKING THE BOARD TO DETERMINE THAT THERE WERE, THERE ARE NO VIOLATIONS AND THAT NO LAND USE APPROVALS OR BUILDING PERMITS ARE REQUIRED. 
          SO TO JUST GO THROUGH THE SPECIFIC VIOLATIONS THAT WERE RAISED, THE NOTICE OF VIOLATION STATED THAT A BUILDING PERMIT WAS NEEDED FOR THE NEW FOOD TRUCK, BUT A FOOD TRUCK IS NOT A BUILDING. 
          AND THIS BOARD, IN GRANTING THE 2008 USE VARIANCE SPECIFICALLY DETERMINED THAT A FOOD TRUCK IS NOT A BUILDING IN THIS USE VARI IN THIS BOARD'S USE VARIANCE DETERMINATION. 
          IT SAID THAT THE HOT DOG STAND WAS LOCATED IN A PROPERLY LICENSED TRUCK, AND THAT THERE ARE NO PERMANENT BUILDINGS OF ANY KIND ON THE PROPERTY AND NONE ARE NEEDED FOR THE PROPOSED USE. 
          SO IN SO DETERMINING THIS BOARD DETERMINED THAT A FOOD TRUCK IS NOT A BUILDING AND THE CURRENT FOOD TRUCK, JUST LIKE THE PRIOR FOOD TRUCK, IS ALSO LICENSED BY WESTCHESTER COUNTY DEPARTMENT OF HEALTH. 
          SO AS THERE'S NO BUILDING PERMITT NEEDED FOR THE NEW FOOD TRUCK, THIS BOARD SHOULD REVERSE THE BUILDING DEPARTMENT'S DETERMINATION. 
          NEXT, THE CLAIM ABOUT TABLE AND CHAIRS. 
          THE NOTICE OF VIOLATION CLAIMS THAT A USE VARIANCE AND A BUILDING PERMIT ARE NEEDED FOR TABLE AND CHAIRS. 
          FIRST, THIS BOARD ALREADY GRANTED THE USE VARIANCE IN 2008. 
          SECOND TEMPORARY TABLES AND CHAIRS NOT AFFIXED TO THE GROUND. 
          AND TEMPORARY UMBRELLAS HAVE ALWAYS BEEN PART OF THE HOTDOG STAND USE, BOTH BEFORE AND AFTER THE GRANTING OF THE USE VARIANCE. 
          THE RESTRICTIVE COVENANT ALLOWED THE USE SPECIFICALLY QUOTE FOR THE CONDUCT OF THE HOTDOG STAND. 
          NOTHING IN THE RESTRICTIVE COVENANT PRECLUDED HAVING TABLE AND CHAIRS ON THE PROPERTY. 
          IN FACT, TEMPORARY OUTDOOR SEATING IS AN INTEGRAL PART OF A HOTDOG STAND BY GRANTING THE USE VARIANCE TO ALLOW THREE USES, SPECIFICALLY THE HOTDOG STAND, THE SALE OF FLOWERS FOR THREE DAYS AND THE SALE OF CHRISTMAS TREES FOR THREE WEEKS. 
          THIS BOARD NECESSARILY CONTEMPLATED THERE, THERE WOULD BE SOME KIND OF NON-PERMANENT SEATING CHAIRS, UMBRELLAS, DISPLAY STANDS AND RACKS ON THE PROPERTY. 
          OTHERWISE THERE'S NO WAY TO SELL THOSE ITEMS THAT WERE AUTHORIZED IN THE RESOLUTION. 
          ALSO, TEMPORARY TABLES, UMBRELLAS AND CHAIRS THAT ARE NOT AFFIXED TO THE GROUND DON'T REQUIRE A BUILDING PERMIT. 
          THEY DO NOT MEET THE DONNING CODES DEFINITION OF A BUILDING OR A STRUCTURE. 
          SO WE'RE ASKING THIS BOARD TO DETERMINE THAT A USE VARIANCE IS NOT REQUIRED FOR TABLES AND CHAIRS AND THAT NO BUILDING PERMIT IS REQUIRED FOR THESE TABLES 
          [01:35:01]
AND CHAIRS. 
          REGARDING THE FENCE, THE WHAT THE NOTICE OF VIOLATION REFERS TO AS A FENCE IS ACTUALLY A TEMPORARY PARTITION FEATURE. 
          IT'S MADE OF WOOD PALLETS AND THERE WAS A PICTURE IN THE, UH, IN THE SUBMISSION TO SHOW YOU WHAT IT IS, BUT IT'S NOT ACTUALLY AFFIXED TO THE GROUND IN ANY WAY. 
          AND IT WAS, IT'S DONE LIKE THIS SPECIFICALLY. 
          SO THE OPERATOR CAN TAKE THIS FEATURE OFFSITE AND BRING IT TO WHEREVER THE TRUCK GOES. 
          LIKE IF IT GOES TO A CARNIVAL OR A FAIR, IT COULD SET UP THIS, THIS AREA IN THAT PLACE. 
          BUT EVEN IF IT WERE, EVEN IF YOU WERE TO SAY THIS FEATURE AND HERE'S, UH, IT'S NOT THAT PICTURE. 
          HERE'S A PICTURE OF HOW IT'S AFFIXED THAT IT'S JUST, AND THERE'S OTHER PICTURES COMING UP HERE THAT YOU COULD SEE THAT IT'S NOT ACTUALLY IN THE GROUND. 
          IT SITS ON THIS IN THIS PLANTER. 
          BUT EVEN IF YOU WERE TO ARGUE THAT THIS TEMPORARY FEATURE THAT'S NOT AFFIXED TO THE CROWN IN ANY WAY, WERE CONSIDERED A FENCE FENCES UNDER SIX FEET IN THE FRONT, IN FRONT AND SIDE YARDS AND UNDER EIGHT FEET IN THE REAR YARDS ARE NOT CONSIDERED STRUCTURE. 
          AND THERE'S NO TRIGGER THEN FOR A BUILDING PERMIT. 
          SO WE'RE ASKING THAT THE BUILDING DEPARTMENT DETERMINATION IN THIS RESPECT ALSO BE REVERSED. 
          THEN THE NOTICE OF VIOLATION ALLEGED THAT THERE IS A, THAT BUILDING PERMIT AND FILL PERMITS ARE REQUIRED FOR AN ALLEGED EXPANSION OF A GRAVEL PARKING AREA. 
          AGAIN, THERE'S ALWAYS BEEN AN EXISTING PAVED PARKING AREA ON THIS PROPERTY LOCATED THE FULL DEPTH OF THE PROPERTY THAT'S SHOWN ON THE 2007 SURVEY IS ALSO SHOWN ON THE EAGLE V EAGLE VISION 2007 AERIAL FROM THE TOWNS GIS. 
          AND BOTH OF THOSE ARE ATTACHED AS EXHIBIT D. 
          SO THIS PARKING AREA WAS NOT EXPANDED IN ANY WAY. 
          IT WAS CUSTOMARY REPAIRS THAT WERE DONE. 
          A PROTECTIVE COATING WAS APPLIED TO A PORTION OF THE EXISTING BLACKTOP AREA AND GRAVEL WAS APPLIED. 
          AND HERE'S THE PICTURE OF THE GRAVEL TO FILL IN SOME HOLES AND PREVENT WEEDS. 
          THIS IS JUST TEMPORARY MAINTENANCE OF THE PROPERTY, WHICH ALSO DOESN'T TRIGGER THE REQUIREMENT FOR A BUILDING PERMIT. 
          ALSO PLACING A MINIMAL AMOUNT OF GRAVEL LIKE THIS, NOT WITHIN 25 FEET OF THE PROPERTY LINE, AND LET ALONE NOT WITHIN 25 FEET OF A, OF AN ABUTTING PROPERTY, WHICH HAS A 35% SLOPE, WHICH IS THE ACTUAL TRIGGER FOR A FILL PERMIT. 
          UM, THERE'S NO REQUIREMENT FOR A FILL PERMIT. 
          SO IF YOU LOOK AT THE SITE, THE FOOD TRUCK IS PARKED APPROXIMATELY 30 FEET FROM THE PROPERTY LINE. 
          AND THE AREA WHERE THE FILL WAS PLACED IS ON THE OTHER SIDE, SO FURTHER AWAY FROM THE PROPERTY LINE THAN THE THE FOOD TRUCK. 
          SO THERE'S NO TRIGGER THEN FOR A FILL PERMIT UNDER 2 10 23. 
          SO WE'RE ASKING THAT THAT DETERMINATION ALSO BE REVERSED. 
          AND THEN THERE'S SORT OF LIKE THIS CATCHALL, UH, VIOLATION ABOUT CLAIMS OF ALLEGED SITE MODIFICATIONS AND THE NEED TO GO GET A SITE PLAN APPROVAL. 
          SO WITH THE EXCEPTION OF A SMALL STORAGE SHED ON THE PROPERTY, WHICH, UM, IS THERE AND WHICH WE, THE, THE APPLICANT INTENDS TO MOVE, NONE OF THE ALLEGED SITE MODIFICATIONS REQUIRE A BUILDING PERMIT AND THEREFORE THERE'S NO REQUIREMENT FOR SITE PLAN APPROVAL. 
          SO JUST GOING THROUGH THE LIST AGAIN, THE FENCE IS NOT A FENCE, EVEN IF IT WERE, IT DOESN'T TRIGGER THE REQUIREMENT FOR A BUILDING PERMIT 'CAUSE IT'S TOO, IT'S BELOW THE HEIGHT LIMIT. 
          THE TEMPORARY OUTDOOR TABLES AND CHAIRS ALSO DO NOT REQUIRE A BUILDING PERMIT. 
          AND THERE WERE EXPRESSED A CONTEMPLATED AND THE 2008 USE VARIANCE GRANT, THERE'S BEEN NO PARKING LOT EXPANSION. 
          THERE'S JUST MAINTENANCE AND REPAIR, NORMAL WEAR AND TEAR OF THE SITE. 
          AND THAT DOESN'T TRIGGER THE REQUIREMENTS FOR A BUILDING PERMIT AND THEREFORE NO SITE PLAN. 
          THE REFERENCE, THERE'S, THERE WAS A REFERENCE TO A CONCRETE PAD THAT'S ALSO SHOWN ON THE SITE PLAN. 
          AND IT'S ALWAYS BEEN THERE. 
          IT WAS, IT WAS LESS VISIBLE BECAUSE THE PRIOR FOOD TRUCK WAS PARKED IN A DIFFERENT PORTION OF THE SITE. 
          AND NOW THIS FOOD TRUCK IS PARKED TO REVEAL THAT, THAT CONCRETE AREA. 
          AND LASTLY, THERE WAS REFERENCE TO AN INSTALLED WALL. 
          WHAT THOSE WALLS ARE ACTUALLY JERSEY BARRIERS, UM, TO PREVENT DRIVERS FROM DRIVING OFF THE PARKING AREA INTO, UM, A WOODED AREA THAT'S, OR THE AREA THAT'S ACTUALLY A BUDDING, WHICH IS COUNTY OWNED. 
          IT'S JUST A PROTECTIVE FEATURE. 
          AND THE ZONING CODE ALSO PROVIDES THAT WALLS LESS THAN FOUR FEET AND HIGH ARE NOT STRUCTURES. 
          AND THIS JERSEY BARRIER IS ONLY 26 INCHES HIGH. 
          SO AGAIN, THAT'S, THERE'S NO TRIGGER FOR A BUILDING PERMIT BECAUSE IT'S NOT A STRUCTURE. 
          AND IF NOTHING TRIGGERS A BUILDING PERMIT, THERE'S NO NEED FOR SITE PLAN REVIEW. 
          SO WITH NONE OF THE ALLEGED MODIFICATIONS REQUIRING A BUILDING PERMIT UNDER THE ZONING CODE, THERE CAN BE NO REQUIREMENT TO OBTAIN SITE PLAN APPROVAL. 
          SO WE WE'RE ASKING THE BOARD ALSO TO REVERSE THE DETERMINATION THAT SITE PLAN APPROVAL IS REQUIRED AND TO GRANT THE APPLICANT'S APPEAL IN ITS ENTIRETY. 
          [01:40:06]
YOU HAVE TO COME UP. 
          GIVE YOUR NAME PLEASE. 
          HI, MY NAME IS MICHAEL DE FATE, AND BELIEVE IT OR NOT, ACTUALLY, SOME OF YOU WERE HERE THE LAST TIME WE DID THIS. 
          WHEN MY FATHER PASSED AWAY, I INHERITED THE PROPERTY AND THE TOWN TOLD ME I COULDN'T GO THERE WITH THE TRUCK. 
          NOW THE TRUCK HAD BEEN THERE SINCE I WAS A CHILD, AND I'M 82 NOW. 
          OKAY, SO YOU APPROVED THAT. 
          IT WAS A, WE BOUGHT THE PROPERTY FROM THE TOWN OF GREENBURG FOR THE EXPRESS PURPOSE OF HAVING THE FOOD TRUCK THERE. 
          MY MOTHER USED TO COOK THE FOOD. 
          MY FATHER USED TO SELL IT ON THE TRUCK. 
          THAT'S THE WAY IT HAD BEEN. 
          OKAY. 
          TIMES CHANGED A LITTLE BIT. 
          THE TRUCK THAT'S THERE NOW IS SO DIFFERENT THAN WHAT WE STARTED WITH. 
          AND SO CLEAN, IT'S UNBELIEVABLE. 
          BUT THE LADIES GAVE IT A DYNAMIC THAT WE GUYS DON'T DO. 
          THEY, THEY JUST HAVE A TOUCH. 
          IF YOU GO THERE, PEOPLE COME IN WITH THEIR CHILDREN NOW AND THEY'RE SITTING AT THE TABLES AND STUFF. 
          AND WHEN, YOU KNOW, WHEN GUYS DID THIS STUFF, WE HAD A BARBECUE AND A COOKOUT AND IT WAS GUY STUFF, BUT A GIRL'S TOUCH, IT CHANGED THE DYNAMICS. 
          THEY CLEANED IT UP AND THEN THEY PUT A SHED. 
          THE SHED IS, THEY TAKE THE UMBRELLAS OFF DURING THE BAD WEATHER AND THEY PUT THE UMBRELLAS IN THE SHED AND THEY HAVE A COUPLE EXTRA CHAIRS AND THEY HAVE GARDENING TOOLS BECAUSE THEY KEEP EVERYTHING NEAT AND CLEAN AND THEY PUT FLOWERS OUT AND STUFF LIKE THAT. 
          THE SHED IS AN EIGHT BY 10 SHED, ONE OF THEM. 
          ONES YOU BUY AND YOU STICK IT ON THE PROPERTY. 
          IT'S NOT SOMETHING THAT WAS BUILT AND CONSTRUCTED. 
          IT'S JUST A REGULAR YARD SHED THAT. 
          THEN I WANDERED A BLACKTOP. 
          THE PRO, THE LAST TIME I THINK MY FATHER DID, IT WAS 50 YEARS AGO OR SO. 
          SO IT WAS ALL, YOU KNOW, RUN OUT AND EVERYTHING. 
          SO COSTA WAS DOING SOME WORK AND HE USUALLY DOES A LOT OF WORK FOR GREENBERG SIDEWALKS AND STUFF LIKE THAT. 
          HE DOES ALL KINDS OF CONTRACTS FOR ALL THE TOWNS. 
          SO I ASKED HIM THE BLACK TOPPER FOR ME, BUT HE WAS IN THE MIDDLE OF A PROJECT. 
          IT WAS RIGHT THERE. 
          HE SAID, I'M DOING WORK FOR THE TOWN. 
          I SAID, FINE, WHEN YOU'RE FINISHED WITH THAT, COME AND WE'LL DO THE BLACKTOP. 
          SO HE SAID, CAN I USE THE LOT FOR, WELL, I'M DOING MY JOBS AND I'M SAYING TO, I SAID, GEEZ, YOU'RE GONNA BE THERE WORKING ANYWAY, SO GO, YOU KNOW, USE THE PROPERTY. 
          HE WASN'T MAKING A MESS. 
          IT WAS JUST STUFF. 
          IN OTHER WORDS, YOU BRING SOME, UH, SAND AND GRAVEL IN AND THEN YOU'RE DOING WHATEVER YOU'RE DOING FOR THE TOWN. 
          OKAY? AND THEN AFTER YOU FINISH, YOU CLEAN IT ALL UP AND WE'RE GONNA BLACKTOP MY PLACE. 
          SO HE WAS GONNA FILL IN THE HOLES AND MAKE IT NICE. 
          SOMEHOW A MYSTERIOUS, SOMEBODY CAME OUTTA NOWHERE. 
          LET'S SAY THERE. 
          AND I'M SURE EVERYBODY HERE IS ACTUALLY DRIVEN BY IT AT LEAST ONCE. 
          THERE IS NO PROPERTY WITH VISIBILITY WHATSOEVER, WHICH WAY YOU LOOK UP DOWN, THERE'S NOBODY WHO COMPLAIN. 
          THERE'S NOBODY COULD COMPLAIN BECAUSE NOBODY COULD, NOBODY GOES THERE. 
          ONLY EVERYBODY THAT DRIVES BY. 
          SO THERE'S NO HOUSES THAT GET INTERFERE WITH AND SAY, OH GOD, THAT'S TERRIBLE. 
          LIKE WHAT PEOPLE WERE SAYING BEFORE ABOUT EVERYTHING ELSE. 
          LET'S SEE, I'M SURROUNDED BY WESTCHESTER COUNTY AND THEN WE HAVE THE HIGH POWER LINES FROM CON EDISON. 
          THERE'S NO ONE TO, LET'S SEE, SINCE I WAS A CHILD, THE ONLY ONE THAT ADJOIN US WAS WESTCHESTER COURT. 
          I'M JUST, I MEAN, I THINK YOU GET THE DRIP, BUT CONSTANTINE IS HERE. 
          HE'S THE ONE, HE PUT SOME STUFF THERE. 
          HE WAS, AND THEY WOULDN'T LET ME BLACKTOP. 
          I I SAID AFTER 50 YEARS, HE, I NEED A PERMIT TO FIX THE PARKING LOT. 
          I, I, I SAID, THIS STUFF DIDN'T MAKE SENSE TO ME. 
          NOW, LIKE I SAID, I'M 82 NOW. 
          I DON'T WANT THIS. 
          SHOULD SOMETHING HAPPEN AT SOME POINT, MY KIDS ARE GONNA GET THE SAME BUSINESS, YOU KNOW, 10 YEARS FROM NOW OR SOMETHING. 
          LET'S SEE, IT'S BEEN 30 YEARS THAT I SURVIVED THIS. 
          AND NOW ALL OF A SUDDEN NEW PEOPLE COME IN AND WE START ALL OVER AGAIN. 
          BUT SOME OF YOU WERE ACTUALLY HERE WHEN WE DID THIS BEFORE I KNEW IT. 
          SO I KNEW SOME OF YOU WERE YEAH, YEAH. 
          ME. 
          BUT YOU REMEMBER MY FATHER. 
          YEAH. 
          AND, AND PROBABLY EVERYBODY HAS DRIVEN BY THE PLACE EITHER INTENTIONALLY OR ACCIDENTALLY. 
          I MEAN, TO GET ON THE SPRAIN OR SOMETHING LIKE THAT, YOU HAVE TO GO BUY IT. 
          AND WE DON'T, YOU KNOW, WE DON'T MAKE A MESS. 
          WE KEEP IT CLEAN. 
          NEEDY NEED. 
          AND IT'S A SPACE. 
          PEOPLE, IF YOU GET STUCK ON JACKSON AVENUE, THEY COME IN, FLAT TIRES RUN OUTTA GAS, AND THEY ALL COME IN AND WE HELP EVERYBODY OUT. 
          WE GOT IT. 
          OKAY. 
          OKAY. 
          THIS IS THIS, THIS IS COSTA. 
          HE WAS THE ONE WHO PUT STUFF THERE. 
          OKAY? HE, HE, THANKS. 
          MY NAME IS, MY NAME IS CONSTANT BONIS FROM REQUEST CONTRACTING. 
          YOUR BONUS, B-O-N-I-S. 
          UM, WE DID MEET OUT THERE AND UM, WESTCHESTER COUNTY WAS THERE. 
          A GENTLEMAN CAME FROM WESTCHESTER COUNTY AND HE SAYS, WELL, YOU 
          [01:45:01]
GUYS ARE NOT ALLOWED TO COME INTO OUR PROPERTY. 
          SO THAT'S WHEN I GOT THE SURVEY FOR MIKE. 
          WE MET OUT THERE. 
          UM, THEY SAID THAT GREENBERG IS GONNA LEAD THE INVESTIGATION OR THEY'RE GONNA DO WHATEVER THEY WANT, YOU KNOW, THEY'RE GONNA DEAL WITH ME. 
          SO I CAME, I I MADE A COUPLE APPOINTMENTS. 
          WE MET OUT THERE, WESTCHESTER COUNTY, THE GENTLEMAN, I, I HAVE HIS CARD, I DON'T HAVE HERE WITH ME AND I PREPARED, BUT I CAN PROVIDE IT TO YOU. 
          HE SAID HE WAS VERY SPECIFIC THAT HE WANTED A BARRIER BETWEEN MIKE'S PROPERTY AND WESTCHESTER COUNTY'S PROPERTY. 
          'CAUSE HE DIDN'T WANT SOMEBODY TO DRIVE OFF THE STREET AND DRIVE RIGHT INTO THEIR PROPERTY. 
          UM, WE WENT BACK AND FORTH, BACK AND FORTH. 
          I HAD THE JERSEY BARRIERS. 
          I PUT 'EM UP TEMPORARILY THERE. 
          HE WAS HAPPY WITH THAT. 
          HE WAS OKAY WITH THAT. 
          BUT HE ALSO WANTED US TO PUT A GATE THERE. 
          THAT WAY, IF THEY WANT TO ACCESS IT, THEY GET A, YOU KNOW, TO BE ABLE TO GET BEHIND THERE TO PUT A GATE. 
          WE HAVEN'T DONE THAT YET BECAUSE MIKE OBVIOUSLY WANTED TO COME HERE AND FIGURE OUT WHAT, WHAT HE'S LIKE, WHY WOULD I SPEND MY MONEY TO PROTECT WESTCHESTER COUNTY'S PROPERTY? . 
          NOBODY EVER GOES THERE. 
          SO, AND, AND NOBODY. 
          AND MIKE DOES HAVE A GATE OUTSIDE. 
          SO IN ORDER TO GET INSIDE, YOU HAVE TO OPEN A GATE, UNLOCK THE GATE TO GET IN TO PROCEED IF YOU WANT TO GO INTO WESTCHESTER COUNTY PROPERTY. 
          SO WE DID MEET, I DID COME HERE. 
          WE DID MAKE A COUPLE APPOINTMENTS. 
          WE DID SATISFY HIM WHAT HE WANTED. 
          YOU KNOW, I DID WHAT I NEEDED TO DO. 
          WE REDID THE, YOU KNOW, THE AREAS. 
          WE FOLLOWED THE SURVEY AND ALL THAT. 
          SO THANK YOU. 
          HE'S HELP. 
          HELP. 
          MY NAME IS MURRAY BOWEN. 
          I LIVE IN DALE. 
          AND I'VE BEEN COMING TO THROUGH THESE MEETINGS FOR QUITE A NUMBER, NUMBER OF YEARS. 
          A COUPLE THINGS I REMEMBER. 
          WELL, FIRST, LET ME PUT THIS IN CONTEXT. 
          YOU'RE DOING, DEALING WITH A WORLD THAT YOUR RULES WERE NOT WRITTEN FOR. 
          THE WORLD IS DIFFERENT TODAY. 
          I REMEMBER THE DISCUSSION ABOUT THE TESLA SIGN ON ONE 19. 
          SHOULD IT BE THE SIZE THAT THEY WANT OR SHOULD WE MAKE IT SMALLER? BECAUSE THE RULES SAY SMALLER. 
          I DON'T KNOW IF YOU REMEMBER TODAY, IT'S DIFFERENT. 
          VERY DIFFERENT. 
          BEST BUY USED TO BE A QUITE A STORE ON CENTRAL AVENUE. 
          IT'S GONE. 
          YOU'RE STUCK WITH USING A RULE BOOK THAT'S OUT OF DATE IN FRONT OF THE ESTABLISHMENTS. 
          YOU HAVE A FIRE LINE THAT'S YELLOW AUTOMATIC CARS TODAY. 
          LOOK AT THE COLOR OF THE LINE TO KNOW WHICH DIRECTION YOU'RE GOING IN. 
          IF YOU WANT TO PUT SOMETHING IN FRONT OF IT, IT MUST BE A DOUBLE WHITE LINE BECAUSE THE CARS AND THE COMPUTERS TODAY UNDERSTAND QUICKLY THAT WHITE IS ON THE RIGHT, YELLOW IS ON THE LEFT. 
          HOW DO YOU RESOLVE THIS? IT'S A CONUNDRUM. 
          WHEN YOU GO INTO A BUSINESS TODAY AND THERE'S AN EMERGENCY, LIKE EVERY BANK, THERE'S A PUSH BAR TO LET YOU OUT. 
          BUT IF YOU SEE A HANDLE, HANDLE SAYS PULL, AND THAT HAS TO BE CORRECTED. 
          SORRY, MURRAY, BUT COULD YOU PLEASE STAY ON TOPIC? WHAT? CAN YOU POINT OUT HOW IT'S RELEVANT TO THE APPLICATION? CAN I WHAT? POINT OUT HOW IT'S RELEVANT TO THE APPLICATION. 
          YEP. 
          GET GET, LET US BACK TO THE TRUCK. 
          THANK YOU. 
          I'LL I'LL GO BACK. 
          I KNOW TO THE FATES FOR PROBABLY 60 YEARS, THEY PLOWED THE SNOW FOR MY BUSINESS. 
          WHEN I WAS IN YANKAS, THAT'S WHEN I MEN THEM MET THEM. 
          THEY DOING A BUSINESS IN A WAY THAT'S DIFFERENT THAN YOU ARE USED TO DEALING WITH. 
          AND THE PROBLEM IS, WHAT THEY'RE SAYING IS RELATIVELY CORRECT. 
          BUSINESS TODAY ISN'T A FOOD TRUCK. 
          IT'S MODERN. 
          IT'S APPROVED, IT HAS COUNTY BLESSING. 
          IT'S YOUR RULES THAT NEED TO BE BROUGHT UP TO UNDERSTAND HOW HIS BUSINESS OPERATES. 
          THAT'S A VAST CHANGE IN THE WAY THINGS ARE GOING. 
          BEST BUY'S GONE. 
          THIS IS DISCUSSION TODAY ABOUT TACO BELL. 
          HAS TO BE LOOKED AT WITH A DIFFERENT EYE THAN YOU'VE BEEN LOOKING AT IT ALL THESE YEARS. 
          AND BY THE WAY, THIS IS A MICROPHONE. 
          IT WORKS WHEN YOU SPEAK INTO IT. 
          AND IF YOU DON'T SPEAK INTO IT, WE CAN'T HEAR YOU. 
          AMERICANS WITH DISABILITY ACT REQUIRES THAT IF YOU HAVE TO TURN YOUR HEAD, THEN YOU GO THIS WAY. 
          SO YOU'RE 
          [01:50:01]
STILL TALKING INTO THE MICROPHONE. 
          AND I WILL PUSH MR. BOWDEN, PLEASE KEEP IT ON TOPIC FOR THIS. 
          I APPRECIATE YOUR COMMENTS, BUT RESPECTFULLY, I POINTED OUT LAST NIGHT AS WELL, WE'VE GONE TONIGHT THAT YOU NEED TO BRING UP WITH THE TOWN BOARD. 
          LET'S, LET'S GET THIS STRAIGHT. 
          I WAS HERE LAST NIGHT AND YOU TRIED TO READ ME THE RULE BOOK AND I COULD NOT HEAR IF YOU WANNA SET NO, NO, I'M TALKING WHEN I'M DONE. 
          SO RESPECTFULLY, PLEASE KEEP ME THE APPLICATION BEFORE YOU NO, I'M, I DO NOT WANNA ASK THE OFFICER TO REMOVE YOU FROM THE YOU YOU DECIDED YOU ARE MAKING THE RULES 'CAUSE YOU LIKE THEM. 
          AND I'M SAYING I FOLLOW THE RULES OF THE UNITED STATES AND AMERICANS WITH DISABILITY ACT. 
          MR. BODA, I DO NOT WANNA ASK SECURITY. 
          I'M NOT OUT THE MOVING FROM THE BUILDING. 
          YOU ARE OUT OF ORDER. 
          I THANK YOU AND IT'S BEEN A PLEASURE TO BE HERE ALL THESE YEARS. 
          AND, UH, I HAVE DEMENTIA. 
          I'M DEALING WITH IT. 
          IF I MAKE A MISTAKE, IT'S COURSE I CAN'T REMEMBER. 
          I HAVE TO ASK PEOPLE WHO THEY ARE ON A REGULAR BASIS. 
          AND IT'S BEEN A PLEASURE TO BE HERE AND BE ABLE TO TALK TO ALL OF YOU. 
          YOU'VE BEEN VERY NICE. 
          THANK YOU. 
          YOU'RE VERY WELCOME. 
          ANYONE ELSE? OKAY, DO WE HAVE QUESTIONS? DOES ANYONE FROM THE BUILDING DEPARTMENT WANT? SO I JUST HAVE TO MAKE SOME CLARIFICATIONS, UM, THAT MS. LANIS, UH, SUGGESTED. 
          COULD YOU SAY SPEAKING TO? OH SURE. 
          THANKS. 
          UM, MS. LANIS SUGGESTED THAT LUNCH TRUCKS ARE NOT STRUCTURES OR FOOD THEN DON'T REQUIRE PERMITS. 
          A USE VARIANCE WAS GRANTED IN 2008. 
          I WAS IN THE BUILDING DEPARTMENT AT THE TIME. 
          THE USE VARIANCE WAS GRANTED. 
          I'M FAMILIAR WITH THE PROPERTY. 
          THE USE VARIANCE WAS GRANTED, UM, AND WAS LIMITED UNDER A RESTRICTIVE COVENANT TO A FOOD TRUCK. 
          IT HAD NO MENTION OF EXTERIOR, UM, TABLES, CHAIRS, DINING, UM, PALLETS BEING USED AS FENCING. 
          UM, THERE I TOOK A PICTURE EARLIER. 
          THAT'S A PICTURE OF WHAT IT LOOKS LIKE NOW. 
          THERE'S SIGNAGE ALL OVER IT. 
          UM, THIS PROPERTY IS IN AN R 20 DISTRICT'S, A SINGLE FAMILY DISTRICT THAT HAD USE VARIANCE WAS GRANTED IN 2008. 
          THE LUNCH WAGON WAS ISSUED A PERMIT AND A CERTIFICATE IN 2008. 
          THERE IS A NEW LUNCH WAGON THERE UNDER THE DEFINITION OF STRUCTURE IN THE ZONING ORDINANCE. 
          IT IS A PERMIT, IT IS A PERMITTED STRUCTURE. 
          SO LUNCH WAGONS ARE LISTED AS A STRUCTURE AND REQUIRE A PERMIT FROM THE ZONING, UH, FROM THE BUILDING DEPARTMENT UNDER 2 85 44. 
          THE OTHER ISSUES THAT WERE BROUGHT UP, UM, I'LL JUST ADDRESS VERY BRIEFLY, UM, THE USE VARIANCE WAS GRANTED FOR THE SPECIFIC HOTDOG TRUCK. 
          IT'S LISTED AS A RESTRICTIVE COVENANT FOR THE DEFECT'S USE THAT IS NOW CHANGED. 
          IT'S BEING RENTED TO OTHER PEOPLE. 
          THE BUILDING DEPARTMENT CONDUCTS INSPECTIONS ON FOOD TRUCKS UNDER AN OPERATING PERMIT. 
          THAT IS NOT THE CASE HERE. 
          WE HAVE NEVER INSPECTED THIS TRUCK FOR WESTCHESTER COUNTY. 
          WE DO THE INSPECTIONS FOR THE COUNTY. 
          UM, THAT HAS NOT HAPPENED. 
          UM, SO THE, THE USE VARIANCE IS NOT AN OPEN-ENDED EXEMPTION FOR ANY FOOD TRUCK. 
          THE CURRENT TRUCK IS CLASSIFIED AS A STRUCTURE UNDER THE ZONING CODE, WHICH MEANS A BUILDING PERMIT IS REQUIRED. 
          THE APPLICANT'S CLAIM THAT NO, WHEN A STRUCTURE CHANGES, NO PERMIT IS REQUIRED, IS INCORRECT. 
          THE TABLES AND CHAIRS, THE OUTDOOR SEATING WAS NOT ALWAYS PART OF THE 2008 APPLICATION. 
          IT WASN'T BROUGHT UP IN 2008 AND IT WASN'T PART OF IT. 
          THERE ARE IN THE SUBMISSION THERE ARE PICTURES OF TABLES AND CHAIRS, BUT THEY'RE FROM LATER YEARS, NOT FROM 2008. 
          UM, AND THE APPLICANT ARGUES THAT OUTDOOR SEATING WAS ALWAYS PART OF THE OPERATION. 
          THE 2008 VARIANCE AND THE RESTRICTIVE COVENANT CONTAINS NO APPROVAL FOR PERMANENT OR SEMI-PERMANENT SEATING. 
          ADDING TABLES AND CHAIRS INTENSIFIES THE USE AND REQUIRES FORMAL BOARD APPROVAL FOR A MODIFIED USE VARIANCE AND PLANNING BOARD SITE PLAN APPROVAL. 
          THE WOOD PALLET PARTITIONS THAT ARE FUNCTIONING AS A FENCE AND MEETS THE DEF DEFINITION OF STRUCTURE UNDER THE TOWN CODE ALTERS THE SITE'S CHARACTER AND REQUIRES A BUILDING PERMIT AND SITE PLAN APPROVAL. 
          THE SITE PLAN, UH, SITE INSPECTIONS FROM THE ENGINEERING DEPARTMENT WAS WHAT ORIGINALLY BROUGHT OUR, OUR ATTENTION TO THIS BECAUSE THEY ENCROACHED ON WESTCHESTER COUNTY PROPERTY. 
          UM, THEY CHANGED THE GRADE IN SOME AREAS AND THE SURFACE AREAS, THE MODIFICATIONS ACCORDING TO THE ENGINEERING DEPARTMENT MAY TRIGGER A FILL PERMIT UNDER TOWN CODE 2 10 23 AND REQUIRE ENGINEERING AND PLANNING BOARD SITE PLAN REVIEW BEYOND INDIVIDUAL ITEMS. THE CUMULATIVE CHANGES THE SHED BARRIER SEATING CONCRETE PAD CONSTITUTES 
          [01:55:01]
SIGNIFICANT SITE MODIFICATIONS FROM 2008 UNDER ZONING CODE 2 85 55. 
          THESE CHANGES REQUIRE SITE PLAN REVIEW AND A BUILDING PERMIT. 
          THE ENGINEERING DEPARTMENT, AS I PREVIOUSLY MENTIONED ON JUNE 3RD, OBSERVED ENCROACHMENT ONTO COUNTY LAND DUMPED ASPHALT MILLINGS, UNAUTHORIZED FILL AND UNPERMITTED CONCRETE PAD FOR THE FOOD TRUCK. 
          I'VE ALSO PROVIDED THE BOARD WITH AERIAL PHOTOGRAPHY FROM 2008 TO PRESENT. 
          THAT SHOWS THE EXPANSION OF THE PARKING AREA. 
          IN CONCLUSION, THE APPLICANT'S APPEAL SEEKS TO RETROACTIVELY LEGITIMATE LEGITIMIZE UNAPPROVED EXPANSIONS. 
          THE BUILDING DEPARTMENT ACTED IN WITH ITS WITHIN ITS STATUTORY AUTHORITY. 
          WE RECOMMEND THE BOARD DENY THE APPEAL AND DIRECT THE APPLICANT TO OBTAIN ALL REQUIRE ALL REQUIRED PERMITS AND BOARD APPROVALS. 
          SO, SO FIRST THE FOOD TRUCK. 
          THIS BOARD ALREADY DETERMINED IN THE VERY NATURE OF THE USE VARIANCE GRANTED IN 2008 THAT A FOOD TRUCK WAS NOT A BUILDING OR A STRUCTURE. 
          IT SAID THAT IN THE CONTEXT OF THE USE VARIANCE GRANT. 
          SO, SO WHILE A, YOU KNOW, THE CODE TALKS ABOUT OTHER THINGS BEING STRUCTURES, THIS BOARD ALREADY DETERMINED THAT A FOOD TRUCK IS NOT. 
          AND HAVING ONE FOOD TRUCK GO TO ANOTHER FOOD TRUCK IN NO WAY WHEN YOU'VE ALREADY DETERMINED IT'S NOT A BUILDING THAT IMPLICATES A BUILDING PERMIT IN NO WAY REQUIRES A, THIS CURRENT FOOD TRUCK TO NOW GET A BUILDING PERMIT. 
          CAN I, CAN I ASK ONE QUESTION BEFORE YOU GO FURTHER? YES. 
          IS THIS TRUCK LARGER THAN THE LAST TRUCK? I I THE LAST TRUCK? THERE'S BEEN A CHANGE SINCE THE BEGINNING. 
          SO IF YOU LOOK AT MY EXHIBITS, THE, THE TRUCK HAS YES. 
          SIMPLE QUESTION. 
          YES AND NO. 
          WHETHER IT'S LARGER, SMALLER, A LITTLE BIT LARGER, IT HAS POP OUTS. 
          OKAY? AND SO IF YOU LOOK AT, AND THEN ONE OTHER THING BEFORE YOU GO FURTHER, 'CAUSE WHAT YOU'RE ASKING US IS YOU WANT US TO ALMOST BLANKETLY, UH, CAN I EVEN THE WORD JUST THROW A BLANKET OVER THE ENTIRE BUILDING INSPECTOR'S VIEW AND LIKE EVERY SINGLE POINT HE MADE, YOU'RE SAYING THAT WE SHOULD TURN THAT OVER. 
          SO I'M OKAY WITH YOU ASKING THAT, BUT THAT'S A LOT FOR US. 
          BUT THE ACTUAL PAD IS IN A DIFFERENT LOCATION THAN WHERE THE CURRENT TRUCK IS NOW? NO, NO. 
          THERE'S A CONCRETE PAD. 
          IN OTHER WORDS, THEY MOVED THE TRUCK FROM BEING ON THE CONCRETE PAD TO BEHIND IT. 
          OKAY. 
          ALRIGHT. 
          I JUST WANNA BE CLEAR WHAT WE'RE TALKING ABOUT. 
          ALRIGHT, SO THINGS GOT A LITTLE MIXED UP. 
          THERE WAS AN ISSUE, THERE WAS A SEPARATE NOTICE OF VIOLATION, RIGHT, THAT WAS ISSUED WITH RESPECT TO SOMETHING HAPPENING ON THE COUNTY LAND THAT WAS RESOLVED. 
          THAT'S NOT THE SUBJECT OF THIS APPEAL. 
          OKAY? SO I JUST WANNA, I, THERE WAS COMMENTS MADE ABOUT THAT. 
          THAT'S NOT THE SUBJECT OF THIS APPEAL. 
          BUT AGAIN, SO, SO I CAN JUST UNDERSTAND WHAT YOU'RE SAYING THOUGH. 
          THE ORIGINAL PAD, THE TRUCK SAT ON THE PAD. 
          YES. 
          NOW THE TRUCK IS SITTING BEHIND THE PAD. 
          SO I BELIEVE THE PAD WAS PROBABLY CREATED AT ONE POINT SPEAKING TO YOU NOW TO SUPPORT THE TRUCK IN ITS LOCATION. 
          SO WHAT WE'RE LOOKING AT RIGHT NOW IS SOMEWHAT A DIFFERENT SETUP THAN WHAT HAD BEEN. 
          NO, NOT REALLY. 
          UM, IF YOU, NOT REALLY OR NO, SOMEWHAT. 
          NO. 
          IF YOU LOOK, THERE'S A SURVEY FROM 2007, WHICH IS A YEAR BEFORE A AGAIN, I WANT TO, WE'RE GONNA COMPARE APPLES TO APPLES. 
          THE TRUCK SAT IN A PARTICULAR LOCATION BECAUSE YOU WANT US ON ONE HAND TO ASCERTAIN AND MAINTAIN THAT THE TRUCK IS A TRUCK IS A TRUCK. 
          BUT NOW THE PAD IS NOT A PAD THAT'S A PAD BECAUSE THE TRUCK IS BEHIND THE PAD. 
          SO I CAN'T YOU UNDERSTAND WHAT I'M SAYING? IF WE'RE GONNA, IF WE'RE GONNA MAKE IT A LINEAR DOLLAR FOR DOLLAR, THEN I, I CAN KIND OF MOVE WITH, WITH YOU. 
          I THINK I CAN HELP YOU. 
          BUT, SO IT'S REALLY NOT SAYING THE SAME THING. 
          SO HALF OF THE SITE IS, I THINK I CAN HELP YOU. 
          UM, HERE I'VE BEEN WALKING PAST THIS FOR 40 YEARS. 
          I'VE WALKED FROM CENTRAL AVENUE TO ST. 
          ANDREWS FOR 40 YEARS. 
          IT'S A TERRIBLE WALK. 
          UM, BUT UH, WHAT IT IS THAT THE PAD IS KIND OF MOST FRUIT TRUCKS ARE YOU PULL OFF THE ROAD, YOU JUST PULL OFF THE ROAD AND THE TRUCK IS THERE. 
          THAT'S WHERE THE PAD IS. 
          THAT'S WHERE THE TRUCK WAS, WAS FOREVER. 
          IN THE LAST NUMBER OF YEARS. 
          FIRST THEY ADDED A TABLE AT AN UMBRELLA. 
          THEN, UM, I DON'T KNOW AT WHAT POINT THE HEAVY WOODEN PICNIC TABLE WAS ADDED. 
          I JUST NOTICED NOW THAT THERE'S THE PORT OF SAM. 
          BUT THE, AND THE FENCE WENT UP THIS YEAR. 
          IT GOT MUCH LARGER OVER TIME. 
          AND THE TRUCK RECENTLY MOVED WITH THE NEW TRUCK. 
          IT MOVED FROM THE PAD 
          [02:00:01]
FURTHER BACK INTO THE SITE SO THAT THE TRUCK IS IN THE BACK. 
          THEN THERE ARE THE TABLES AND THE UMBRELLAS AND THE PORT OFAN AND THE PARKING AREAS. 
          IT IS A COMPOUND IF YOU WOULD AT THIS POINT. 
          IT REMINDS ME OF THE OLD DAYS OF A DINER. 
          REMEMBER THE DINERS WERE A RAILROAD CAR. 
          MM-HMM . 
          AND THEN YOU HAD THE PARKING AROUND IT AND SOME OUTDOOR SPACE. 
          THAT'S KIND OF WHAT IT LOOKS LIKE, EXCEPT IT'S A TRUCK INSTEAD OF A RAILROAD CAR. 
          SO THE, THE ISSUE WITH THE SEATING, THE SEATING HAS BEEN THERE BOTH PRIOR TO THE 2008. 
          AND WE DID PROVIDE PROOF OF THAT. 
          SO WE HAVE AN AERIAL PHOTO FROM 2004 THAT SHOWS THAT THE UMBRELLAS WITH THE SEATING. 
          THAT'S ALWAYS BEEN THERE, BUT IT'S BEEN SEASONAL. 
          THINGS HAVE, YOU KNOW, IN, IN SUMMER THERE'S MORE TABLES IN THE WINTER TIME THE TABLES GO AWAY. 
          UH, WELL, AND THEN I, I REMEMBER EATING OUTSIDE THE TRUCK OVER 20 YEARS AGO. 
          I DON'T KNOW WHAT I WAS, IF I WAS ON A PICNIC TABLE OR A BENCH, BUT I REMEMBER EATING THERE  AND THERE, THERE'VE BEEN THERE FOR DECADES. 
          PICNIC TABLES, TABLES, THERE WERE MAYBE IN DIFFERENT, I DON'T VARIATIONS, BUT THEY WERE ALWAYS THERE. 
          I DON'T HAVE AN OBJECTION TO THE USE. 
          WELL MY MOTHER USED TO TAKE US THERE. 
          SHE USED TO MAKE US SIT AT THE TABLE WHEN MY MOTHER AND FATHER WERE WORKING. 
          AND SO THEY'VE ALWAYS BEEN THERE SINCE I WAS A KID. 
          AND I DON'T, I DON'T HAVE OBJECT AN OBJECTION TO THE HAVING A FOOD TRUCK THERE. 
          I DON'T HAVE AN OBJECTION TO HAVING SEATING THERE. 
          IS IT THAT YOU'RE OBJECTING TO GETTING A BUILDING PERMIT FOR ALL THIS STUFF? WELL, NUMBER ONE, THERE WAS THE REQUIREMENT TO GET A USE VARIANCE, WHICH, YOU KNOW, IN NEW YORK IS VERY HARD TO GET. 
          AND MY CLIENT ALREADY GOT A USE VARIANCE. 
          THAT WAS ONE OF THE THINGS TO REMEDY WAS TO GET A USE VARIANCE, WHICH I FIND, SO SAY WE SAY YOU DON'T NEED A USE VARIANCE 'CAUSE YOU HAVE A USE VARIANCE. 
          RIGHT? AND THEN THE SECOND THING WAS TO GET A SITE PLAN APPROVAL, WHICH IS VERY EXPENSIVE TO, TO GO THROUGH THE PROCESS. 
          AND IF NOTHING TRIGGERS A BUILDING PERMIT, RIGHT. 
          IF NOTHING TRIGGERS A BUILDING PERMIT. 
          WELL, I THINK MAYBE, WELL WE CAN DISCUSS THAT LATER. 
          BUT I MEAN, IF THEY DENY ME A PERMIT NOW WHAT DO I GO? I MEAN YOU HAVE TO GET A BUILDING PERMIT TO PAVE YOUR DRIVEWAY IN GREENBURG. 
          SO, YOU KNOW, FOR MAINTENANCE OF THE, TO REPAIR AN EXISTING DRIVEWAY. 
          YES, TECHNICALLY YOU DO. 
          YES. 
          IT'S BEEN IN MARCH. 
          YES. 
          AND I I JUST WANNA MAKE A CLARIFICATION. 
          THE ZONING BOARD'S DECISION DOES, AND I I KNOW WHAT YOU'RE REFERRING TO, THERE ARE NO PERMANENT BUILDINGS OF ANY KIND. 
          TEMPORARY BUILDINGS UNDER THE ZONING CODE DO REQUIRE BUILDING PERMITS. 
          SO THE STRUCTURE AS DEFINED IS A IS A MOBILE FOOD TRUCK. 
          A MOBILE FOOD TRUCK UNDER 2 85 44 REQUIRES A BUILDING PERMIT. 
          THAT'S WHAT THE BUILDING THE NOTICE OF VIOLATION WAS FOR. 
          THERE IS A NEW FOOD TRUCK THERE, THERE'S AN INTENSIFIED USE. 
          THERE'S MORE TABLES AND CHAIRS, THERE'S NEW PARTITIONS, THERE'S SIGNAGE, THERE'S AN EXPANDED PARKING AREA. 
          THERE'S BEEN FILL BROUGHT IN, THERE'S NEW BARRIERS. 
          SO IT'S NOT SAYING THAT THE USE IS WAS A FOOD TRUCK. 
          WE WERE HERE WITH YOUR FATHER WHEN HE APPLIED FOR THE FOOD TRUCK. 
          THE USE IS INTENSIFIED. 
          SO IF IT'S THE BOARD'S DETERMINATION THAT THE PREVIOUS USE VARIANCE STANDS AND DOESN'T REQUIRE MODIFICATION, THE BUILDING INSPECTOR IS SAYING THAT THE INTENSIFICATION OF THE USE, THE EXPANSION OF THE USE, THE LARGER FOOD TRUCK, THE MORE TABLES AND CHAIRS, UM, REALLY THE CHANGE AS UM, SHAUNA BROUGHT OUT, IT LOOKS LIKE MORE OF A COMPOUND NOW. 
          SO THAT'S, THAT'S WHAT WE ARE BRINGING TO THE BOARD, WHAT THE NOTICE OF VIOLATION WAS FOR, TO FILE FOR THE PROPER PERMITS. 
          UM, SO WE CAN DIRECT, UM, TO THE BOARD. 
          SO THAT'S, SO THAT'S THAT WE MADE THE LAST STATEMENT. 
          HOLD ON A SECOND. 
          SO THAT'S BASICALLY WHAT WE'RE DELIBERATING. 
          YES, YES. 
          THANK YOU. 
          CAN WE MOVE ON? SO BY, BY SAYING THAT THE PROPERTY, SO BY SAYING THAT THE PROPERTY DIDN'T HAVE ANY BUILDINGS ON IT, BUT THERE WAS A FOOD TRUCK. 
          THIS BOARD NECESSARILY DETERMINED A FOOD TRUCK WAS NOT A BUILDING. 
          SO IT'S, SO WHETHER THIS PORT ALREADY INTERPRETED THAT WHAT WAS ON THE PROPERTY, WHICH IS SUBSTANTIALLY SIMILAR TO THE FOOD TRUCK TODAY AND THERE'S PICTURES OF THE PRIOR FOOD TRUCK WAS, IS NOT A PERMANENT BUILDING. 
          YOU NECESSARILY ALREADY DECIDED THAT FOOD TRUCK THAT PROVIDED WAS PROPERLY LICENSED WAS NOT A BUILDING. 
          SO, SO, AND, AND THE REQUIREMENT THAT TABLES AND CHAIRS REQUIRE A NEW USE VARIANCE, I MEAN THAT'S JUST, AND OR A BUILDING PERMIT. 
          TELL ME IN WHAT, IN WHAT UH, PROPERTY DOES THE APPLICANT EVER COME BEFORE THIS BOARD OR THE BUILDING INSPECTOR TO SAY I NEED A BUILDING PERMIT TO PUT TABLES AND CHAIRS ON MY PATIO? IT DOESN'T, IT DOESN'T IMPLICATE A BUILDING PERMIT. 
          SO EX UNDER NO INTERPRETATION. 
          IT DOES, UH, EXTERIOR DINING IN ANY DISTRICT IN, IN THE TOWN OF GREENBURG REQUIRES A BUILDING PERMIT. 
          SO HE'S ALLOWED TO HAVE A HOT 
          [02:05:01]
DOG STAND. 
          SPECIFICALLY THIS BOARD AUTHORIZED THE USE OF A HOT DOG STAND. 
          TABLES AND CHAIRS ARE IMPLICIT WITH THE USE OF A HOT DOG STAND. 
          IT HAS BEEN LIKE THAT FOUR YEARS. 
          THAT IS NOT, THERE ARE MANY OTHER FOOD TRUCKS IN THE NEIGHBORHOOD THAT DON'T HAVE TABLES AND CHAIRS. 
          WELL THOSE FOOD TRUCKS ARE ALSO ON THE STREET, WHICH IS WHAT YOU WERE NO, THIS IS, YOU WERE JUST OFF THE STREET PROPERTY. 
          YOU WERE JUST OFF THE STREET. 
          NO, WE HAD, YOU WERE ON 50 FEET OF ROAD. 
          YOU, YOU WERE ON THE CONCRETE PAD, WHICH IS ADJACENT. 
          I SAID ADJACENT. 
          ADJACENT. 
          HOLD ON ONE SECOND. 
          UM, WE, WE HAVE SOMEBODY FAMILIAR WITH THE PROPERTY. 
          I'M SORRY SIR, CAN YOU PLEASE SPEAK IN THE MIC? SORRY. 
          IS A PICTURE FROM 2007, UM, AN ARIEL, IF WE COULD JUST PULL IT UP. 
          IT'S EXHIBIT D WELL IT, IT SHOWS VERY CLEARLY THE WHOLE, WE'VE ALL THE WHOLE PAVED AREA YEAH. 
          OF THE SITE. 
          LIKE TWO THIRDS OF THE SITE IS ARE PAVED AND THE, A TRUCK WAS PARKED ON THE SITE. 
          AND NOW THERE THERE'S THE, THE SURVEY THAT SHOWS THAT ESSENTIALLY THERE'S THIS LARGE PAVED AREA OF THE SITE AND AN AERIAL FROM TWO OH THOUSAND SEVEN PRIOR TO THE GRANTING. 
          SO THIS IS HOW THE, THE SITE EXISTED WHEN THIS BOARD GRANTED A USE VARIANCE THAT CONTEMPLATED A FOOD TRUCK USE. 
          AND THERE'S ALSO PICTURES FROM BEFORE THE GRANT OF THE FOOD TRUCK HERE. 
          IT'S IN EXHIBIT, THE LAST PAGE OF EXHIBIT E. 
          YOU SEE THAT THERE'S, THE CARS ARE PARKED ON THE, ON THE SITE AND YOU SEE AN AN UMBRELLA. 
          YOU KNOW, AGAIN, THERE'S BEEN DIFFERENT CHANGES IN THE NUMBER OF UMBRELLAS DEPENDING ON THE TIME OF THE YEAR. 
          BUT THERE'S ALWAYS BEEN TABLES AND CHAIRS ON THE SITE. 
          IF THE BOARD'S DETERMINATION IS WE NEED A BUILDING PERMIT, I MEAN THAT'S ONE THING. 
          BUT TO COME IN AND ASK THAT THIS APPLICANT HAS ALREADY OBTAINED A USE VARIANCE FOR THIS SPECIFIC USE AND WENT THROUGH THE PROCESS TO OBTAIN ANOTHER USE VARIANCE, WHICH IS VERY, VERY DIFFICULT TO OBTAIN, YOU KNOW, IN NEW YORK. 
          I MEAN THAT, THAT IS A VERY TWISTED INTERPRETATION OF THIS CODE. 
          I HAVE MEMORIES OF THIS PLACE GOING BACK OVER 50 YEARS. 
          IT'S MICROPHONE PLEASE. 
          I HAVE MEMORIES OF THE LOCATION FOR OVER 50 YEARS AND THE, IT'S ALWAYS BEEN TO ME A COMPOUND MORE THAN A TRUCK BECAUSE IT'S IN THE MIDDLE OF A FIELD OR A A LOT WITH NOTHING ELSE AROUND IT. 
          IT OCCURS TO ME HOW IN THE WORLD DID IT EXIST BEFORE THE SPRINGBROOK PARKWAY? BUT, UH, THE, THE GENERAL IDEA THAT IT WAS A TRUCK ON THE SIDE OF THE ROAD IN A URBAN AREA, IT NEVER WAS. 
          IT WAS ALWAYS MORE OR LESS WHAT IT IS NOW, IN MY OPINION. 
          UM, JUST A REMINDER TO THE BOARD THAT THEY'RE ABLE TO MODIFY THE EXISTING USE VARIANCE WITHOUT REQUIRING AN ADDITION, LIKE A NEW USE VARIANCE. 
          AND, AND THAT IS WHAT THE BUILDING DEPARTMENT IS SUGGESTING. 
          SO, BECAUSE IT'S A LIEUTENANT JUST TO DO CHANGE OF PEN. 
          SO JUST SO WE GET IT ON THE RECORD, IF YOU COULD COME UP TO SPEAK TO THE MIKE. 
          I'M SORRY THAT THAT'S ANOTHER POINT THAT HE, HE RAISED IS IT DOESN'T MATTER IF HE RENTS THE TRUCK OR, YOU KNOW, HE IS DOING THE, THE, HE'S DOING THE HOT DOGS HIMSELF IN THE TRUCK. 
          THAT THAT'S NOT THE BASIS FOR YOU A BUILDING PERMIT WHO'S ACTUALLY OPERATING THE TRUCK. 
          YOU'VE BEEN WALKING BY THAT FOR YEARS. 
          THAT'S CORRECT. 
          IT'S NOT THE OPERATOR. 
          LIKE THE PEOPLE COME THERE IN THE PARKING LOT AND THEY SIT AND THEY HAVE THEIR FOOD. 
          IT'S NOT LIKE A RESTAURANT CAN YOUR PERMIT TO GO AND HAVE FOOD DELIVERED TO YOU. 
          IT'S NOT LIKE THAT. 
          YOU GO GET YOUR HOT COFFEE, YOU SIT DOWN, YOU EAT, TALK TO YOUR FRIENDS, THEY, THEN YOU GO, I'M SORRY, IF YOU COULD PLEASE SPEAK INTO THE LIGHT. 
          SO BASICALLY WHAT YOU'RE SAYING IS, BECAUSE IT'S A CHANGE OF TRUCK AND NOW THE NEW RULES ARE APPLYING, THEY NEED TO DO A CHANGE OF TENANCY TYPE OF THING. 
          BECAUSE IT USED TO BE A, NOW WE'RE GONNA HAVE B SO WE'RE GONNA GET A PERMIT FOR THE NEW PERSON. 
          NO, NO, NO. 
          LET, LET'S SLOW IT DOWN. 
          IT'S NOT, SHE, IT WAS ALREADY INDICATED BY OUR COUNSEL THAT IT IS NOT A TENANT ISSUE. 
          WHAT HAPPENED IS, IS THERE IS A CHANGE TO, WHAT WAS THE FENCE? THE ADDITIONAL CHAIRS. 
          I'M NOW HEARING THAT TO SUPPORT ISAN, THERE'S AN ISSUE OF JERSEY BA AND I UNDERSTAND YOU SAID YOU SPOKE TO THE COUNTY ABOUT THAT, THAT THERE ARE JERSEY BARRIERS. 
          THERE ARE OTHER ADDENDUMS THAT ARE NOW ON THE PROPERTY THAT WERE NOT ORIGINALLY AUTHORIZED. 
          OKAY, HOLD ON. 
          ON. 
          IT'S VERY SIMPLE. 
          HOLD ON, HOLD ON. 
          LEMME ANSWER THE QUESTION WE ALWAYS HAD FOR JOHNS. 
          I'M SORRY, CAN YOU PLEASE SPEAK INTO THE MIC? 'CAUSE THE BENEFIT OF THE RECORD. 
          HOLD ON. 
          WE ALWAYS HAD PORT TO JOHN'S. 
          THE PEOPLE WERE NOT GOING TO THE BATHROOM IN THE WOODS. 
          I MEAN, ALWAYS, ALWAYS. 
          SO, LIZ, TO YOUR QUESTION, WITH THE SAND AND, AND THE, THE MILLS AND ALL THAT, I DID MAKE AN EFFORT. 
          WE WENT OUT THERE 
          [02:10:01]
AND WE DID CLEAN UP THE AREA WITH DPUT SEEDING, AND WE DO PUT THE, YOU KNOW, THE NEW GRASS AND WE, WE BROUGHT IN, UM, DIRT, YOU KNOW, TO FILL ALL THE AREA. 
          AND THE INSPECTOR CAME OUT THERE FROM, FROM GREENBURG AND THE INSPECTOR, ALL THAT, AND THEY DID PASS ALL THAT. 
          SO EVERYTHING IS CLEAN. 
          THE NO, SO WHAT HAPPENED IS VINNY FEDERICI FROM THE TOWN ENGINEERING DEPARTMENT, WHO IS WORKING IN CONJUNCTION WITH WESTCHESTER COUNTY, CAME OUT. 
          YOU WERE DIRECTED TO MOVE ALL OF THE FILL OFF OF WESTCHESTER COUNTY'S PROPERTY AND TO INSTALL A BARRIER. 
          THAT'S MY UNDERSTANDING. 
          AND I'M, I DON'T WANNA MISSPEAK FOR THE, THE ENGINEERING DEPARTMENT, WHAT YOU'RE REFERRING, WHAT YOU'RE REFERRING TO IS AN ENGINEERING DEPARTMENT ISSUE. 
          AND AS YOUR COUNSEL SUGGESTED, THAT IS NOT SOMETHING THAT IS SUBJECT TO THIS BOARD BROUGHT UP THAT THAT WAS THE, THE ISSUE. 
          THAT'S WHAT, YES, THAT WAS PART OF THE VIOLATION NOTICE THAT WAS ON DIFFERENT, ON A DIFFERENT NOTICE, BUT THAT'S WHAT BROUGHT US TO YOUR SITE. 
          BUT AS, AS FAR AS WE GO WITH THAT, THAT'S ALL TAKEN CARE OF BECAUSE THEY  NO, AS FAR AS THE ENGINEERING DEPARTMENT, UM, THEY HAVE NOT REMEDIED THAT VIOLATION. 
          IT HAS NOT BEEN DONE TO SATISFACTION AS OF THE JUNE 3RD LETTER, WHICH THE BOARD DOES HAVE IN THEIR RECORD. 
          BUT THAT HE CAME OUT THERE AND HE JU I MEAN, AND I HAVE IT IN AN EMAIL. 
          AGAIN, THIS IS NOT SUBJECT TO THE BOARD. 
          WE'RE NOT INVOLVED IN THAT. 
          YEAH. 
          UH, GOING BACK TO THE ISSUE ABOUT TENANCY. 
          SO GOING BACK TO THE TRUCK, IT'S REGARDED AS A STRUCTURE. 
          SO IT'S NOT A BUILDING. 
          SO ALL BUILDINGS ARE STRUCTURES, BUT NOT ALL STRUCTURES ARE BUILDINGS. 
          UM, AND A CHANGE IN THE FOOD TRUCK AS A STRUCTURE, UH, WOULD BE A CHANGE IN THE, THE TRUCK, THE STRUCTURE, WHICH WOULD REQUIRE A BUILDING PERMIT. 
          WOW. 
          YOU MEAN YOU NEED TO CHANGE THE TRUCKS? YOU NEED A NEW PERMIT, CORRECT? YES, YOU DO. 
          AND THAT, THAT IS IN THE, THE ZONING ORDINANCE. 
          THE TRUCK ITSELF IS INSPECTED AND WILL GET A STICKER OF OPERATION ALSO BY WESTCHESTER COUNTY HEALTH DEPARTMENT. 
          SO IT'S A MULTIPLE STEP. 
          UH, AM I, I'M ASSUMING THAT THE TRUCK HAS A, UH, AUTHORIZATION FROM WESTCHESTER COUNTY, UH, DEPARTMENT OF HEALTH. 
          YES, IT DOES. 
          THE HEALTH DEPARTMENT, EVERYTHING. 
          YOU CAN'T HAVE A FOOD TRUCK IN WESTCHESTER COUNTY UNLESS YOU GO BEFORE WESTCHESTER COUNTY AND HAVE ALL YOUR CREDENTIALS, INSPECTIONS. 
          SO THE STEP THAT WAS MISSED WAS TO ASK THE TOWN OF GREENBERG FOR PERMISSION TO CHANGE THE TRUCK. 
          IS THAT IT? I WOULD, I AND IN TOWN OF GREENBERG AND AN OPERATING PERMIT TO OPERATE THE MOBILE FOOD TRUCK, WHICH IS A MANDATE FROM NEW YORK STATE, WHICH THE TOWN DOES THE INSPECTIONS FOR WESTCHESTER COUNTY. 
          CAN I MAKE A SUGGESTION THAT WE DISCUSS THIS WHEN WE MEET LATER? AND IF WE HAVE ANY QUESTIONS, WE CAN COME BACK TO THEM. 
          WELL, WE CAN DELIBERATIONS, BUT YEAH. 
          UM, DO WE FEEL THAT WE HAVE ENOUGH INFORMATION TO START DELIBERATIONS ON IT? YES OR NO? YEAH. 
          NO, I'M GOOD. 
          I'M CONFUSED. 
          , I'M GOOD. 
          SO I THINK WE SHOULD MOVE ON. 
          OKAY. 
          SO IS THE, DO YOU WANNA SAY ANY LAST WORDS? I MEAN, I THINK THAT THE BOARD SHOULD READ THE USE VARIANCE THAT WAS ISSUED IN 2008 BECAUSE THE DIS THE ISSUE OF WHETHER A FOOD TRUCK IS A STRUCTURE REGA, REGARDLESS OF HOW IT'S BEING INTERPRETED NOW UNDER THE CODE, HAS ALREADY BEEN DECIDED BY THIS BOARD. 
          I DON'T BELIEVE WE CAN GIVE YOU THAT ANSWER RIGHT NOW. 
          NO, I'M JUST, I'M JUST SAYING I WOULD LOOK AT THE ACTUAL LANGUAGE THAT THIS BOARD USED IN GRANTING THE USE VARIANCE AND IN REQUIRING THE RESTRICTIVE COVENANT AND OUTDOOR SEATING AND CHAIRS ARE IMPLICIT IN THE HOTDOG STAND USE THAT WAS SPECIFICALLY AUTHORIZED. 
          HE'S USING IT AS AUTHORIZED BY THIS BOARD'S USE VARIANCE GRANT IN 2008. 
          AND NOTHING. 
          IF YOU BREAK DOWN EACH INDI INDIVIDUAL FEATURE, NONE OF THEM ALONE IMPLICATE A BUILDING PERMIT BECAUSE THEY DON'T MEET THE DEFINITION. 
          YOU COULD, THE, THE PALLETS, THEY'RE, THEY'RE LOW. 
          THEY'RE NOT CONSIDERED A FENCE. 
          YOU DON'T GET A BUILDING PERMIT. 
          IT SAYS IT IN THE CODE UNDER A CERTAIN HEIGHT. 
          IT DOESN'T IMPLICATE A BUILDING PERMIT. 
          SAME WITH THE WALL. 
          SO IF IT DOESN'T IMPLICATE A BUILDING PERMIT, IT CAN'T IMPLICATE SITE PLAN REVIEW. 
          OBVIOUSLY, IF THIS BOARD DETERMINES OTHERWISE, WE WOULD JUST ASK NOT TO HAVE TO GET A NEW USE VARIANCE. 
          BUT IF THE BOARD CAN CONSIDER MODIFYING THE USE VARIANCE IN THE CONTEXT OF THIS APPLICATION, UH, THAT WOULD ALSO BE RESPECTFULLY REQUESTED TO SO THAT THE USE CAN CONTINUE. 
          UH, I'M SORRY, I HAVE ONE, ONE MORE QUESTION FOR THE OPERATOR. 
          IT SEEMS THAT YOU'RE MISSING A, A GREENBERG PERMIT. 
          IS THIS A PERMIT THAT YOU HAD ON THE PREVIOUS TRUCK? NO. 
          GREENBERG DOESN'T ISSUE FOOD PERMIT. 
          WESTCHESTER COUNTY IS IN CHARGE OF FOOD PERMITS AND INSPECTION. 
          I CALLED THE CHIEF OF FIRE DEPARTMENT AND SAID, 
          [02:15:01]
HEY, DO YOU WANT TO COME AND INSPECT THE TRUCK? HE DIDN'T KNOW WHAT I WAS TALKING ABOUT. 
          IT'S I, HE'S THE HEAD OF THE FIRE DEPARTMENT. 
          S CHIEF, CHIEF K, HE SAID SO. 
          SO CHIEF CANS, I CALLED HIM MYSELF. 
          I SAID, CAN YOU COME OVER? HE DIDN'T KNOW WHAT I WAS TALKING ABOUT. 
          TO DO AN INSPECTION ON THE TRUCK. 
          I'M NOT THE THE I'M SAYING IT. 
          NO, I DID IT. 
          I CALLED HIM. 
          THE FIRE DEPARTMENT DOESN'T DO THOSE INSPECTIONS. 
          SO YOU TOLD ME THAT YOU HAD TO HAVE AN INSPECTION FOR THE FIRE DEPARTMENT. 
          NOT I TALKED TO YOU. 
          THE FIRE DEPARTMENT DOESN'T DO THOSE INSPECTIONS. 
          IT'S DONE THROUGH NEW YORK. 
          NEW YORK STATE HAS AN OPERATING PERMIT OR THE OPERATION OF A MOBILE FOOD TRUCK. 
          AND WE HAVE WESTCHESTER COUNTY. 
          NO, NO, SIR. 
          THAT IS DONE BY THE BUILDING INSPECTOR WHO? FRANK MODO. 
          I DON'T KNOW WHO, I DON'T KNOW. 
          I'VE NEVER HEARD OF A BUILDING INSPECTOR LOOKING AT A FOOD TRUCK. 
          WESTCHESTER COUNTY INSPECTOR? YES. 
          THAT, THAT NEW YORK NO. 
          FOR FOR FOOD SAFETY? YES, FOR THE OPERATION OF THE MOBILE FOOD TRUCK, WHICH IS THE INSPECTION OF THE FIRE SAFETY THAT IS DONE BY THE BUILDING DEPARTMENT. 
          THE BUILDING DEPARTMENT DOES THE FIRE CHIEF STUFF. 
          THE BUILDING INSPECTOR IS THE FIRE MARSHAL. 
          I HE WASN'T CITED FOR THAT ANYWAY. 
          HE WAS CITED TO GET A BUILDING PERMIT. 
          OKAY. 
          HE WASN'T CITED BECAUSE A LACK OF A FIRE CODE INSPECTION. 
          HE WAS CITED TO GET A BUILDING CODE. 
          EVERY YEAR THEY HAVE A WESTCHESTER INSPECTION TO MAKE SURE YOU HAVE THE ANSEL SYSTEM FOR FIRE SUPPLY. 
          THAT'S WHAT WE INSPECT. 
          BUT WESTCHESTER COUNTY DOES IT. 
          THAT'S WHAT WESTCHESTER, WESTCHESTER COUNTY DOES IT FOR. 
          FOOD SAFETY. 
          MOVE ON PLEASE. 
          ON PLEASE. 
          WELL, THE FIRE DEPARTMENT AT THE YES, IS THE FIRE INSPECTOR. 
          WHAT? THERE'S NO FIRE CODE VIOLATION ALLEGED. 
          JUST FOR THE RECORD. 
          NO, CAN'T HAVE. 
          THANK YOU FOR THE AVERAGE CITIZEN TO CALL A TRUCK A BUILDING'S JUST NOT LOGICAL. 
          AND HERE'S YOUR CONUNDRUM. 
          YOU'RE OPERATING UNDER A SET OF RULES THAT WERE WRITTEN FOR A DIFFERENT ERA TODAY. 
          FOOD TRUCKS ARE EVERYWHERE. 
          THEY'RE HIRED. 
          WE BELONG TO WOODLAND TEMPLE. 
          A FOOD TRUCK COMES AND ICE STRING TRUCK COMES. 
          THIS TRUCK HAS MOBILE. 
          AND THE FACT THAT THERE HAPPENED TO BE A PAIRED THERE FOR PAST TRUCKS ARE DESIGNED DIFFERENTLY TODAY. 
          SO FOR THE AVERAGE CITIZEN TO SAY A FOOD TRUCK IS A BUILDING, YOU NEED TO LOOK AT THE LOGIC OF THAT IN TODAY'S WORLD. 
          THANK YOU. 
          THAT'S THE PROBLEM. 
          I DIDN'T HEAR THAT WAS BUILDING THAT IT WAS CONSTRUCTED. 
          YOU HAVE AN OUTDATED BUILDING CODE. 
          THANK YOU. 
          THAT NEEDS TO BE BROUGHT UP TO TODAY'S THINKING. 
          AND MA AS WE ALWAYS SAY, WE APPRECIATE THE COMMENTARY, BUT UNFORTUNATELY THESE ARE THE RULES THAT WE'RE DEALING WITH AT THIS TIME. 
          SO IF IT DOES NEED TO BE AMENDED, THAT'S SOMETHING THAT WOULD GO BEFORE THE TOWN BOARD, NOT US. 
          THANK YOU. 
          THE PROB THE PROBLEM IS MANY, MANY. 
          IT'S, IT'S ACTUALLY NOT. 
          SO WE REALLY, WE MUST MOVE ON. 
          CAN I ANSWER YOU? NO, NO, NO, NO. 
          YOU DON'T NEED TO ANSWER ME THE RHETORICAL. 
          IT'S, IT'S ALL GOOD. 
          BECAUSE AT THIS POINT WE'RE GONNA JUST MOVE FORWARD TO MOVE. 
          BUT THESE ARE THE RULES THAT ARE BEFORE US NOW. 
          AND THAT'S ALL THAT WE CAN GO BY. 
          WE HAVE FOUR MORE, MORE MATTERS ON THIS AGENDA. 
          I'M SORRY. 
          WE HAVE FOUR MORE, FIVE MORE MATTERS ON THIS AGENDA. 
          WE'RE VOLUNTEERS. 
          OUR TIME UP HERE, PLEASE. 
          WE MUST MOVE ON. 
          THANK YOU, MA. 
          WE ARE NOW UP TO ZBA 25 24. 
          THE COLTON EMERAL. 
          SORRY, ON NO, NO, NO. 
          I WISH I COULD GO OFF THE RECORD AND SAY I WAS GONNA PUT A TACO BELL ON MY DRIVEWAY, BUT I THAT'D PROBABLY A BAD IDEA AT THIS POINT. 
          TACO BELL. 
          THANK YOU, MADAM CHAIR. 
          UH, MEMBERS OF THE BOARD. 
          AND, AND CAN I ALSO EXTEND MY CONDOLENCES ON YOUR RECENT LOSS? I'M VERY SORRY. 
          THANK YOU. 
          UM, WE, WE THANK YOU FOR THE OPPORTUNITY TO DISCUSS THIS ISSUE. 
          I'M HOPING YOU HAD AN OPPORTUNITY TO READ THE COVER LETTER THAT I COMPOSED FOR MY SUBMISSION. 
          I THINK IT PRETTY MUCH, UH, SUMMARIZES OUR, OUR REQUEST FOR AN AREA VARIANCE AND WHY WE NEED ONE, BUT I'LL TRY TO KEEP MY REMARKS SUCCINCT. 
          SO WE'RE THE OWNERS OF SEVEN PRIMROSE AVENUE WEST. 
          MY WIFE JOAN AND I, UH, WE PURCHASED THE HOME IN 2010, AND WE'VE BEEN THERE, SO NOW 15 YEARS, UM, APPROXIMATELY AT SOME POINT IN TIME BETWEEN 1994 AND 2004. 
          AND WERE UNSURE WHEN THERE WAS A SECTION OF MCADAM ADDED TO THE TOP OF OUR DRIVEWAY, UH, ADJACENT TO THE EXISTING MCADAM SURFACE. 
          AND IT WAS BROUGHT TO OUR ATTENTION 
          [02:20:01]
IT AROUND THE BEGINNING OF THE YEAR. 
          I'M HOPING YOU REMEMBER THE CIRCUMSTANCE. 
          AND WE, UH, WERE SURPRISED TO HEAR ABOUT THIS. 
          WE HAD NO KNOWLEDGE OF IT. 
          BUT IN RESPONSE TO THE, UH, BUILDING DEPARTMENT NOTIFYING US, WE APPLIED FOR A BUILDING PERMIT IN AN ATTEMPT TO LEGALIZE THE ADDITION OF THAT SECTION OF MCCADA. 
          AND WE ARE TOLD WE NEED AN AREA VARIANCE FOR THAT ADDITION AS THE DRIVEWAY WAS A, IS A NON-CONFORMING, UM, STRUCTURE, PRE-EXISTING NON-CONFORMING STRUCTURE. 
          SO, UM, THE, THE STREET AND LOT PLANS WERE APPROVED BY THE TOWN IN 1956. 
          AND, UH, THE CURBING WAS INSTALLED. 
          THE FOOT OF OUR DRIVEWAY IS AT A ZERO SETBACK. 
          IT'S ADJACENT TO THE PROPERTY LINE. 
          AND UNFORTUNATELY, WE, WE, UH, WELL, FORTUNATELY FOR US, BUT UNFORTUNATELY THE PROPERTY IS NOT, UH, UM, UNIFORMLY SHAPED. 
          IT'S A TRAPEZOID INSTEAD OF A RECTANGLE. 
          AND IT ALSO HAS A VERY SMALL FRONTAGE. 
          I BELIEVE THE FRONTAGE IS EVEN LESS THAN WHAT IS TECHNICALLY REQUIRED. 
          IT IS ROUGHLY 36 FEET. 
          MOST OF THE HOUSES ON THE BLOCK HAVE BETWEEN 80 AND A HUNDRED FEET OF FRONTAGE. 
          SO TALKING ABOUT SETBACKS AND MOVING THINGS BACK AND FORTH BECOMES PROBLEMATIC WHEN WE JUST DON'T HAVE THE ROOM TO, TO PUT THINGS THE WAY THE HOUSE IS SITUATED ON THE LOT, UH, IT KIND OF MEANS THE DRIVEWAY IS WHERE IT IS. 
          UM, IF YOU, UH, IF YOU LOOK AT THE THIRD FROM THE LAST PAGE OF THE APPLICATION, THERE'S A, YOU CAN SEE THAT THE PROPERTY SITS AT THE START OF THE 90 DEGREE CURVE OF THE, OF THE, THE STREET. 
          AND OUR POINT BASICALLY IS MOST OF THE DRIVEWAYS ON PRIMROSE AVENUE HAVE BEEN MODIFIED TO BE TWO CAR, TWO CAR WIDTHS WIDE. 
          UM, OUR DRIVEWAY IS IN CHARACTER WITH ALL THE OTHER DRIVEWAYS OR ALMOST ALL THE OTHER DRIVEWAYS IN THE NEIGHBORHOOD. 
          AND, UM, WE, WE DON'T THINK THERE'S ANYTHING DIFFERENT, SUBSTANTIALLY DIFFERENT ABOUT OURS. 
          UM, I HAVE THREE PAGES HERE. 
          I'M NOT GONNA GET TO THEM ALL. 
          I'M A LITTLE WORN OUT AFTER LISTENING TO, TO ALL THIS TESTIMONY. 
          UM, BUT YEAH, SO I'M REMINDED. 
          SO WE HAVE, WE HAD NO ISSUES WITH CAN I JUST, I THOUGHT THAT WE WERE GONNA GET A LOT OF, AND THIS IS, I'M SORRY TO INTERRUPT YOU, BUT I THOUGHT WE WERE GONNA GET A LOT OF THESE AND THAT WE WERE GONNA LOOK AT THEM ALL TOGETHER. 
          BUT THERE'S ONLY ONE, UM, ON OUR, SO THERE ARE SEVERAL. 
          YEAH. 
          SO, UM, I BELIEVE KIRA WOULD HAVE TO CONFIRM, BUT THE, THERE HAVE BEEN TWO THERE HAVE, I'M SORRY. 
          THERE HAVE BEEN TWO OTHER APPLICATIONS ON PRIMROSE VERY SIMILAR TO THE COLTON'S, UM, THAT ARE IN THE QUEUE TO BE HEARD BY THE BOARD. 
          IT WAS JUST SCHEDULING, UM, AND THE FILING TIME. 
          SO THEY DIDN'T ALL FILE AT THE SAME TIME. 
          THEY FILED AT DIFFERENT TIMES. 
          SO IT WAS THE ORDER IN WHICH THE APPLICATIONS WERE RECEIVED, I BELIEVE IS HOW IT WAS ARRANGED ON THE AGENDA. 
          OKAY. 
          I I THOUGHT THE WHOLE PURPOSE THOUGH WAS SO THAT WE COULD LOOK AT ALL OF THEM TOGETHER AND ANY IMPACT TO THE NEIGHBORHOOD VERSUS LOOKING AT ONE AND THEN THE OTHER AND THE OTHER. 
          I MEAN, I THOUGHT THAT WE CAN WE ADJOURN TO DO THAT? THAT'S WHY WE ADJOURN THIS. 
          I WASN'T PART OF THAT CONVERSATION. 
          THAT MIGHT HAVE BEEN WITH ED. 
          I'LL WAIT FOR AMANDA TO COME BACK. 
          COUNCIL. 
          YEAH, AMANDA, AMANDA JUST STEPPED OUT. 
          SHE SHOULD BE BACK IN ONE MINUTE. 
          OKAY, WE'LL STAND HERE. 
          THE ISSUE WAS I'LL ASK A QUESTION, THEN I'LL ASK A QUESTION. 
          DO YOU HAVE, DOES YOUR DRIVEWAY CAUSE ANY RUNOFF WATER RUNOFF ISSUES INTO ANY OF YOUR NEIGHBOR'S YARDS? IT, IT DOES NOT. 
          IT'S, UM, IT'S ALMOST ENTIRELY ENCLOSED AND IT'S SLOPED TO, TOWARD, TOWARD THE STREET. 
          AND THERE'S A STORM DRAIN AT THE FOOT. 
          THERE'S ONLY ONE WE PULL AT THE BACK. 
          WEEP, WEEP, WEEP, WEEP. 
          ONE, ONE QUESTION. 
          I HAVE THE WALL THAT'S IN THE DRIVEWAY. 
          IS THAT YOUR WALL OR THE NEIGHBOR'S WALL TO THE RIGHT OF THE PROPERTY? IT, IT'S, IT, 90% OF THAT WALL SITS ON THE NEIGHBOR'S PROPERTY. 
          IS IT YOUR WALL OR THEIR WALL? WHO FIXES IT? TECHNICALLY IT'S THEIRS. 
          OKAY. 
          BUT THERE IS 
          [02:25:01]
A SHARED PORTION AT THE END, IF YOU LOOK AT THE PROPERTY LINE, YOU'LL SEE THAT THE, THE, THE PROPERTY LINE TRANSECTS THE TWO PROPERTIES AND THERE'S SOME OF OUR PROPERTY ON THE NEIGHBOR'S SIDE AND SOME OF THEIR PROPERTY ON OUR SIDE. 
          YES. 
          SO THE QUESTION THAT I HAD IS, UM, BASED ON A PREVIOUS CASE, WE KNEW WE WERE GONNA GET A LOT OF CASES ON PRIMROSE WITH THE DRIVEWAY ISSUES. 
          AND UM, IT WAS MY UNDERSTANDING THAT WE WERE GOING TO HEAR THEM KIND OF ALL TOGETHER AT THE SAME TIME SO THAT WE COULD LOOK AT THE IMPACT ON THE NEIGHBORHOOD AND WE WOULDN'T BE MAKING DECISIONS LIKE ONE BY ONE. 
          AND I'M NOT SURE I, I GUESS IT WAS BECAUSE OF WHERE THERE'S SPACE AND I'M NOT, I JUST WONDERING IF WE SHOULD ADJOURN THIS OR, I MEAN, I INCLUDED A GOOGLE O MAP OVERVIEW OF THE NEIGHBORHOOD. 
          AS A MATTER OF FACT, IF YOU'D LIKE, I HAVE A REVISED PICTURE. 
          I'M JUST, I'M ASKING THAT. 
          SURE. 
          SO I MEAN, IT'S REALLY UP TO THE BOARD. 
          YOU CAN, YOU CAN REQUEST THAT IT'S CONSIDERED ALTOGETHER. 
          UM, ALTERNATIVELY, YOU CAN JUST CONSISTENTLY APPLY WHATEVER DECISION YOU MAKE TO ONE, KNOW THAT YOU SHOULD CONSIDER IT WHEN LOOKING AT THE OTHERS. 
          OKAY. 
          SO IT'S UP TO YOU. 
          UH, SINCE THIS IS A MATTER OF LEGALIZATION, IT'S NOT GOING TO BE, YOU KNOW, HE CAN'T BUILD ANYTHING OR ANYTHING LIKE THAT UNTIL A DECISION IS MADE. 
          SO YEAH, I WOULD AGREE THAT WE JUST A ADJOURN THIS CASE UNFORTUNATELY UNTIL THE OTHER CASES CAN BE, UM, HEARD TOGETHER. 
          KIRA, IF YOU COULD LET US KNOW WHEN THE OTHER CASES ARE SCHEDULED, OR SORRY, WHEN ARE THE OTHER CASE CASES POTENTIALLY SCHEDULED? OR ACTUALLY ME. 
          AND WE HAVE TO COME TO THE, YOU GOTTA COME UP TO THE YEAH, WE, WE, YOU HAVE TO COME UP, COME SPEAK AT THE MIC. 
          PLEASE INTRODUCE YOURSELF. 
          PLEASE TRY. 
          LIKE, I, WE SUBMIT, I, WE SUBMITTED EVERYTHING. 
          YOUR NAME, YOUR NAME MA'AM, YOUR NAME PLEASE. 
          OKAY. 
          ALL MY NAME IS LEI WON. 
          I LIVE ON NINE PER LEI. 
          L-E-I-W-N-G. 
          THANK YOU. 
          OKAY. 
          AND THEN PATTY DONAHUE, SHE'S ALSO A NEIGHBOR. 
          SO WE BOTH SUBMITTED OUR, UH, EV EVERYTHING. 
          UM, AND THEN IT WAS BECAUSE OF THE SCHEDULING, THERE WERE SO MANY CASES THAT WE WERE NOT ABLE TO COME ON THIS MEETING. 
          SO WE WOULD APPRECIATE ACTUALLY, IF YOU GUYS CAN, CAN ALL PUT THREE OF US TOGETHER AT THE NEXT ONE NOVEMBER, THAT WOULD BE GREAT. 
          BUT I DON'T KNOW BECAUSE OF THE SCHEDULING, BECAUSE YOU KNOW, I WAS TOLD KARA TO, UH, YOU KNOW, BECAUSE BASED ON WHAT HAPPENS TONIGHT, YOU KNOW, SOME CASES MIGHT GET DRAWN OR NOT THAT WE MIGHT NOT EVEN GO UNTIL DECEMBER, BUT WE HAD DONE EVERYTHING, YOU KNOW, IN OUR POWERS, SUBMIT EVERYTHING BUT, AND BE, BUT THE SUMMER, I KNOW THERE WAS THE ONE ZONING BOARD THAT WAS DELAYED, SO WE WOULD JUST PUSH BACK. 
          I MEAN, WE DID EVERYTHING ON TIME AND, YOU KNOW. 
          ALRIGHT. 
          THANK YOU. 
          PAUL JUST WAS AHEAD OF THE GAME A LITTLE BIT. 
          THANK YOU. 
          SO , IF IT WOULDN'T TREAT THE BOARD, COULD WE JUST TAKE THIS UNDER ADVISEMENT WITH COUNSEL TO SEE WHAT OUR BEST OPTION WOULD BE SO WE CAN MOVE FORWARD? YEAH. 
          IF THAT'S OKAY WITH THE APPLICANT, THAT WOULD BE GREAT IF WE CAN ALL GO TOGETHER, ALL THREE OF US NEXT TIME. 
          SO JUST, JUST MAKE SURE, JUST MAKE SURE YOU UNDERSTAND THAT YOU WON'T BE PUNISHED, UM, UNTIL YOU'RE HEARD, CORRECT? YES. 
          . 
          YEAH. 
          THANK YOU. 
          I, I WOULD POINT OUT, I THINK I, I DON'T KNOW HOW THE BOARD'S GONNA LOOK AT THIS, BUT THE CIRCUMSTANCES OF ALL THE APPLICATIONS ARE SLIGHTLY DIFFERENT, CORRECT? CORRECT. 
          ABSOLUTELY. 
          AND, AND SO, AND WE, WE DON'T LIVE FAR. 
          WE CAN COME BACK. 
          OKAY. 
          ALL THANK YOU. 
          SEE YOU IN THANK YOU. 
          DECEMBER. 
          WE HAVE YOUR PAPERWORK. 
          OKAY, WELL WE HAVE YOUR PAPERWORK, SO, SO YOU'LL HANG ON TO THAT. 
          YEAH, YOU DON'T HAVE TO REDO IT. 
          THANK YOU FOLKS. 
          ONE THING WE'LL MAKE SURE WE SCHEDULE AF SCHEDULE YOU AFTER A TACO BELL, UM, MEETING , TACO BELL AND, UH, CHICK-FIL-A. 
          YEAH, ONE THING I WOULD POINT OUT THOUGH IS, UM, I KNOW THERE'S AN ABUNDANCE OF THESE, SO IF, UM, SOMETHING IS DELAYING ONE OR THE OTHER, UM, I DON'T THINK YOU WANNA CONTINUE TO DELAY THEM. 
          SO I THINK MAYBE JUST HAVING ALL OF THE APPLICATIONS AT ONE TIME KNOW THAT, YOU KNOW, IT'S A, IT'S A SET DEADLINE, RIGHT? WELL IF YOU YEAH, IT'S, IT'S A WATERSHED THAT HAPPENS. 
          I THINK WE'VE INCLUDED ALL THE, THE APP, THE INFORMATION FOR OUR APPLICATION THAT YOU MIGHT NEED. 
          IF YOU HAVE ANY QUESTIONS, YOU CAN FEEL FREE TO REACH OUT TO US. 
          OKAY. 
          FOR SURE. 
          THANK YOU. 
          AND THE NEXT CASE IS CASE 25 25 7 WINDHAM ROAD 17 WINDHAM 
          [02:30:01]
ROAD. 
          GOOD EVENING, MADAM CHAIR AND THE MEMBERS OF THE BOARD. 
          MY NAME IS ALEXANDER MALCO. 
          I'M AN ARCHITECT IN NEW YORK, BASED IN STANFORD, CONNECTICUT, AND REPRESENTING THE OWNERS OF 17 WYNDHAM ROAD. 
          UH, WE WILL BE REQUESTING THREE VARIANCES. 
          ONE IS FOR, UH, PREEXISTING NONCONFORMING HOME PATIO, AND TWO OTHER ONES ARE REDUCED FRONT SETBACK AND REDUCED, UH, SIDE SETBACK. 
          UM, KIRA, MAY I SHARE MY SCREEN? THIS IS ONE OF THOSE ONES. 
          SO THE POOL BARRIER CONDITION IS PREEXISTING AND NO CHANGES ARE PROPOSED TO THAT AREA. 
          UM, IT'S COULD BE SEEN HERE. 
          UH, WE SIMPLY SEEK TO FORMALLY RECOGNIZE THAT LONGSTANDING NONCONFORMING CONDITION, WHICH HAS NO VISUAL OR FUNCTIONAL IMPACT ON NEIGHBORING PROPERTIES REGARDING THE HOUSE. 
          WAIT, CAN WE, BEFORE YOU LEAVE THE POOL, WHAT IS IT? WHERE IS, THAT'S, THAT'S THE ONE THING I WAS VERY CONFUSED ABOUT. 
          THERE'S NO DRAWING OR LINES TO TELL US WHAT IS THE ISSUE WITH THE POOL. 
          OKAY, SO THIS IS AN ARCHITECTURAL DRAWING AND THIS IS THE DIMENSION FROM THE SIDE GOT IT. 
          YARD TOO CLOSE TO, TO THE PATIO, SO IT'S TOO CLOSE. 
          OKAY. 
          THE DRAWINGS WE GOT DOES DON'T HAVE THAT ON HERE. 
          NO, IT'S, IT MIGHT, MIGHT HAVE, MIGHT NOT HAVE PRINTED YOU. 
          WHAT? IT MIGHT, IT PROBABLY DIDN'T PRINT OR IT'S ACTUALLY THE SURVEY, THE EXISTING SURVEY DOESN'T HAVE THAT. 
          I GOT IT. 
          THE FIVE FOOT SURVEY. 
          OKAY. 
          SO IT'S 10 FOOT FOUR BELOW, BUT AT THAT ONE POINT IT'S 5.86. 
          YES. 
          AND, UM, IS THERE A REASON IT'S, IT'S AN EXISTING POOL. 
          IT'S WHAT? IT'S AN EXISTING POOL. 
          IT'S AN EXISTING, IS THERE A REASON WHY THAT ONE SPOT THAT BUMP OUT IS THERE, IS, IS THERE, UH, THERE IS A LETTER IN THERE AND, UM, I JUST LEARNED THAT ACTUALLY THAT BUMP OUT, UH, THE OWNERS ACTUALLY RENEWED THE PATIO AND THEY REMOVED IT. 
          BUT THAT, I JUST LEARNED IT TODAY THAT IT HAPPENED. 
          SO THE BUMP OUT IS NO LONGER THERE. 
          THE, THE BOMB BOAT IS NO LONGER THERE. 
          WELL, IT IS NO LONGER THERE AND THAT MAY NOT BE A VARIANCE FOR US. 
          NO, I THINK IT SAYS IT'S 7.4 FEET NOW, SO IT WOULD BE PROBABLY SEVEN, 7.6 FEET INSTEAD OF 5.86. 
          OKAY. 
          SO I HAVE SOME PICTURES I'LL SHARE WITH YOU IN A SECOND. 
          OKAY. 
          SO WHEN WAS THIS, WHEN WAS THIS POOL BUILT IN? DO YOU KNOW? NO IDEA. 
          WELL, THAT WAS PRE-EXISTING AND THE OWNER'S BOUGHT PROPERTY FROM MY MAP. 
          I CAN'T SEE THE, EXCUSE ME. 
          THIS IS RYAN O WAKOWSKI, THE OWNER OF THE, THE PROPERTY. 
          I'M ON ZOOM. 
          HELLO? OKAY. 
          HI. 
          UH, SO THE POOL WAS BUILT IN 1966 AND IT HAS REMAINED THERE EVER SINCE IN THE ORIGINAL STATE. 
          SO THE BRICK WAS THERE WHEN IT INITIALLY WAS BUILT, CORRECT? IT WAS CORRECT. 
          IT WAS PUT IN, IN 1966. 
          THAT BRICK. 
          OKAY. 
          AND, AND WHAT IS THE VARIANCE THAT YOU'RE ASKING FOR NOW? IF IT'S NOT THE 5.86, WHAT IS THE VARIANCE? YOU'RE, WHAT'S THE PROPOSED? OKAY, LET, LEMME SEE. 
          'CAUSE I DID THE MEASUREMENTS TODAY. 
          DOES IT SERVE A PURPOSE? OKAY, THAT WOULD BE APPROXIMATELY 7.6 FEET. 
          7.6 FEET INSTEAD OF, OF 10 FEET. 
          SO YOU'VE REDUCED THE NEED FOR THE VARIANCE. 
          THE, THE, YOU'VE REDUCED THE AMOUNT OF THE VARIANCE? YES. 
          OKAY. 
          TO 7.66. 
          YEP. 
          EVEN. 
          OKAY. 
          THAT, THAT'S APPROXIMATE. 
          THAT'S BASED ON THE ARCHITECTURAL DRAWINGS. 
          IF, IF WHEN WE ISSUE A A VARIANCE, WE NEED TO KNOW EXACTLY WHAT IT IS THAT WE'RE ISSUING. 
          I'LL STOP IN HERE. 
          THE ASSUMPTION IS, IS SEVEN, IT'S NOT ASSUMPTIONS. 
          OKAY. 
          IT'S SEVEN, IT'S 7.6 FEET 
          [02:35:01]
AND THAT'S WHAT THE VARIANCE WILL BE. 
          SO IF IT'S 7.7, YOU DON'T HAVE A VARIANCE FOR IT. 
          OKAY. 
          CAN, CAN WE GET IT TO, UH, 7.5 JUST IN CASE? NO, NO. 
          YOU NEED TO INCREASE IT TO BE LIKE, UH, SURE. 
          JUST SUSPECT. 
          SO THERE'S BEEN INSTANCES WHERE SOMEBODY'S OFF BY LIKE 0.1, THEY'VE HAD TO COME BACK TO GET THAT ADDITIONAL 0.1. 
          WHAT WE CAN DO IS MAKE A DECISION AND YOU CAN CONTACT THE OFFICE WITH THE EXACT NUMBER WHEN YOU GET IT MEASURED. 
          YES. 
          OR WE'LL WAIT UNTIL WE TO ISSUE ONCE SURVEYOR COME TO THE SITE, THEY COULD DO THAT. 
          JUST GIMME A HEADACHE TODAY. 
          SO THIS IS WHERE THE POOL IS. 
          I CAN'T SEE THE DECK IN THE BACK OF IT. 
          OKAY. 
          ALL, LET'S GO TO THE NEXT ONE. 
          IT'S STILL NOT CLEAR WHAT VARIANCE YOU'RE REQUESTING ON THIS. 
          SO IS IT 7.6 OR ARE YOU NOT SURE? WHICH ONE IS THIS? 25. 
          25. 
          CAN WE REQUEST A VARIANCE FOR 7.4? I THINK YOU NEED TO, YOU NEED TO GO HIGHER. 
          NO, NO, NO. 
          I, I NEED TO GO LOWER. 
          YEAH. 
          IN CASE WE ARE ACTUALLY BEYOND YEAH, HE NEEDS TO SAY HOW BIG THAT DECK IS. 
          SO THE VARIANCE TYPICALLY MORE VARIANCE CAN, IT'S GONNA BE A BIGGER DECK. 
          SO RIGHT NOW HE, IT WAS ORIGINALLY 5.86. 
          HE'S SAYING THAT THEY'RE MAKING EVEN SEVEN FIVE, RIGHT? YES. 
          WHAT, WHAT IS THE SETBACK? 10 FEET. 
          10 FEET? NO, NO, NO. 
          UM, . 
          THE CURRENT SETBACK. 
          THE CURRENT SETBACK, YES. 
          THANK YOU. 
          IS IT THE 5.86 OR IS IT THE SEVEN POINT AS I SAID, 7.4. 
          7.4. 
          BUT THAT'S NOT, I KNOW IT SHOWS 7.6 ON THE DRAWING. 
          OH, THE POINT HERE IS, I'M NOT SURE IF IT'S 7.6, IT'S BASED ON ARCHITECTURAL DRAWING. 
          AND LET'S SAY IF WE ARE SLIGHTLY BE BEYOND THAT, WE DON'T WANNA COME BACK AND ARGUE ABOUT ONE INCH. 
          CORRECT. 
          SO, AGREED. 
          CORRECT. 
          OR, OR, OR LET'S DO SEVEN FEET. 
          17. 
          17. 
          FIVE, TWO OTHER. 
          YEAH, I KNOW THIS IS A BUNCH OTHER STUFF. 
          IF YOU NEED 7.6, I BELIEVE YOU WOULD WANNA GO ABOVE THAT TO ENSURE IF YOUR CALCULATION IS OFF, IF YOU DON'T NEED TO COME BACK, WE COULD JUST LEAVE IT AT 5.86. 
          THAT, THAT'S TRUE. 
          AND, AND YOU RUN THE RISK IF, IF IT'S NOT WHAT YOU NEED TO COME BACK. 
          ALRIGHT, I'M SORRY. 
          I MEAN, I'M SORRY IF WE'RE, IF WE ARE AT THE LESSER NUMBER LESS, IT'LL LEAVE THAT MUCH. 
          SO WE CAN GIVE. 
          OKAY. 
          RIGHT. 
          JUST GIVE THE FIVE. 
          OH YEAH, WELL, NO, YOU JUST CAN'T. 
          WE, WE CAN GO WITH FIVE EIGHT, EIGHT EIGHTY SIX, CALL IT A DAY, RIGHT? THE STRUCTURAL AND I, I CAN SHOW YOU THE PICTURE THAT THIS IS ALREADY REMOVED. 
          SO THERE IS NO, THERE IS NO THAT LEAP FOR THAT LADDER ON. 
          I, I'LL SHOW IT IN A SECOND. 
          SO CAN WE GO FORWARD AND LOOK AT THE OTHER VARIANCES YOU'RE REQUESTING? YES. 
          THANK YOU. 
          GOOD. 
          OKAY. 
          SO THE OTHER TWO VARIANCES WOULD BE ON THE FRONT EDITION. 
          UM, AND, UM, SO, UH, BOTH FRONT AND SIDE YARD NON-CONFORMING ENCROACHMENTS THAT ALREADY EXIST TODAY AS PART OF BAY SHAPED PROJECTION. 
          AND WE'RE DESIGNING THIS, UM, THIS STRUCTURE TO BE MORE, UM, FUNCTIONAL BOMB BELT WITH THE REC RECLINER FORM AND A NEW HEAT ROOF THAT BETTER INTEGRATE WITH TUTOR STYLE ARCHITECTURE OF THIS HOME. 
          I'LL SHOW YOU HERE PLEASE. 
          SO ON THIS RENDERINGS, YOU COULD SEE THIS IS AN EXISTING BUMP OUT AND THAT'S GONNA BE A PROPOSED BUMP OUT. 
          NICE. 
          EXISTING AND PROPOSED. 
          WE'RE GONNA GO BACK TO THE SIDE PLAN. 
          SO THIS, I GUESS I'M MORE CONCERNED ABOUT THE ONE THAT GOING FROM 20 FEET TO 6.3 FEET AND YES, I'M NOT GONNA GET TO IT. 
          'CAUSE IF THAT'S A BUMP OUT, THAT'S A BIG BUMP OUT. 
          SO, SO, SO, UM, I'M GONNA CLARIFY ON THE SITE PLAN. 
          SO THIS IS AN EXISTING TRAPEZOIDAL BUMP OUT RIGHT HERE AS I'M SHOWING THAT'S GONNA GET DEMOLISHED. 
          AND WE'RE SUBSTITUTING WITH AN ADDITION 
          [02:40:02]
LIKE THAT AND THE RECTAL IN YOUR FORM. 
          SO IT'S ALREADY BEYOND THE SETBACKS. 
          SO THE HOUSE IS ON NON-CONFORMING AND AS A MATTER OF FACT, OTHER HOUSES ON THE STREET, NEIGHBOR ADJACENT HOUSES, THEY'RE ALSO NONCONFORMING. 
          SO HERE IS, UM, WHAT WE ADDING IS JUST AN ADDITION. 
          BASICALLY WE'RE DESIGNING SLIGHTLY FROM THIS LITTLE BUMP OUT TO A MORE REC OR RECAL LINEAR FUNCTIONAL BUMPER THAT WILL HAVE A STAIRCASE, UM, IN HOUSE. 
          SO DO WE KNOW WHAT THE EXISTING YES, THE EXISTING IS 7.77 7.7 0.7. 
          THAT'S A FRONT YARD. 
          AND THIS ONE HAS ACTUALLY IS NOT LISTED, BUT YOU COULD SEE 7.4 TO THE MAIN HOUSE RIGHT HERE. 
          OKAY. 
          DO YOU KNOW WHAT YEAR THE HOUSE WAS BUILT? UH, 1927. 
          ONE OTHER QUICK QUESTION. 
          UM, THE CLOSEST BOUNDARY LINE, HOW CLOSE DOES THAT NOW BRING THAT NEW CONSTRUCTION TO THE NEIGHBORING HOUSE? SO, OKAY, SO, SO IT'LL BE NINE FEET, 9.02 FEET TO, TO THE SITE YARD. 
          AND THAT'S ONLY THE ADDITION, THE EXISTING HOUSE, IT'S ALREADY NON-CONFORMING. 
          AND EVEN MORE THAN THAT, IT'S 7.4 FEET. 
          NO. 
          OKAY. 
          WELL, 7.4 IS NOT MORE THAN NINE THAT YOU'RE ASKING. 
          RIGHT. 
          BUT WHAT I'M SAYING IS THE HOUSE IS ACTUALLY WHAT WE, WHAT WE ADDING IS FURTHER AWAY FROM THE CORNER FROM THE SIDE YARD, FROM THE NEIGHBOR AS YOU COULD SEE, 7.4, THAT'S ALREADY EXISTING HOUSE. 
          THAT'S TO THE EXISTING CORNER OF THE HOUSE. 
          SO THE MAIN STRUCTURE AND THE BUMPOUT IS GONNA BE 9.02. 
          OKAY. 
          BUT IF THE EXISTING HOUSE IS 7.4, RIGHT? THIS IS THE EXISTING HOUSE HERE? YES. 
          WHAT IS THIS DISTANCE? HERE? THERE, THERE IS NO DISTANCE. 
          THE, THE, THIS IS NOT THE ROOF LINE HERE? YES, BUT I DON'T HAVE THE DISTANCE. 
          OKAY. 
          BUT THE SIDE IS STILL 7.4. 
          YOU CAN'T, YOU'RE NOT GONNA CUT OFF THE EXISTING HOUSE, CORRECT? OF COURSE NOT. 
          SO INSTEAD OF IT BEING 9.02, YOU STILL NEED A VARIANCE TO 7.4 FOR THE EXISTING, FOR THE EXISTING STRUCTURE. 
          SO, SO THE 9.02 REALLY IS 7.4, WHICH YOU MIGHT HAVE ALREADY THAT CORRECT? THAT, UH, J SCREW GREENBERG, UM, THAT 7.4 IS ACTUALLY EXISTING. 
          THAT'S EXISTING. 
          THAT'S EXISTING. 
          SO, BUT IT'S, BUT IT'S ACTUALLY MORE OF A VARIANCE THAN THE 9.02 THAN HE NEEDS. 
          BUT IT'S PREEXISTING. 
          NOW WE, WE STILL NEED A 7.4 IS WHAT I'M SAYING. 
          NO, THAT'S PREEXISTING. 
          NO, THE THING IS THAT'S PREEXISTING NONCONFORMING. 
          SO, BUT HE ALREADY HAD THAT, BUT HE ALREADY HAS IT FOR THE EXISTING HOUSE. 
          RIGHT. 
          BUT NOW HE'S, IF WE JUST CHANGE IT TO THE HOUSE TO 9.02 THAT, I MEAN, IT'S ONE VARIANCE FOR THE ENTIRE SIDE. 
          BUT HE'S ADDING AN ADDITION, AN ADDITION CAUSING AN, AN INCREASE IN NON-CONFORMITY. 
          I GET YOUR POINT. 
          THE 7.4 IS ALREADY THERE. 
          AM I RIGHT? IF, IF THE POINT IS, IF, IF THIS IS THE LEFT, LET'S SAY THIS IS THE SOUTH SIDE OF, LET'S SAY THIS IS THE SOUTH SIDE OF THE HOUSE. 
          I, I DON'T KNOW WHICH SIDE IT IS, RIGHT? THE SOUTH SIDE OF THE HOUSE NEEDS A SEVEN POINT A VARIANCE DOWN TO 7.4. 
          NO, NO, IT ALREADY HAS THAT. 
          IT ALREADY. 
          SO IF WE CHANGE THE VARIANCE FOR THE SOUTH SIDE OF THE HOUSE FROM 7.4 TO 9.2, NO, NOT EVEN THAT. 
          THAT'S YOUR QUESTION, RIGHT? YEAH, THAT'S WHAT HE'S, THAT'S WHAT THE PAPERWORK SAYS TO DO. 
          NO, NO, NO, NO, NO SPECIFIC THAT NO, THE ADDITION IS TO BE THIS TRAPEZOID PIECE HERE. 
          SQUARE OFF THIS 7.4 IS THE EXISTING HOUSE. 
          THEY'RE ADDING AN ADDITION THAT'S GOING TO ENLARGE THIS PORTION, WHICH WOULD BE 9.2 FROM THE PROPERTY LINE. 
          SO IT'S ACTUALLY THE ADDITION NOW IS ACTUALLY GONNA BE CLOSER THAN WHAT IS EXISTING. 
          I UNDERSTAND. 
          BUT THE POINT IS, IT'S, IT'S 0.2 FEET LESS. 
          NO, NO, NO. 
          THIS IS THE HOUSE. 
          YEP. 
          THIS IS THE ADDITION. 
          YEP. 
          AND THIS WAS THE ORIGINAL ADDITION. 
          THIS WAS THE ORIGINAL BUMP OUT. 
          THEY'RE NOW SQUARING IT OFF. 
          SO THIS PIECE HERE IS NEW. 
          YEP. 
          BUT THEY HAVE PERMISSION TO BE SEVEN, 4.4 FEET. 
          NO, THEY DON'T. 
          NO, THEY DON'T HAVE TO. 
          BUT THEN THEY NEED IT. 
          THEY NEED IT IF THEY'RE INCREASING THE NON-CONFORMING. 
          SO IN, SO JUST TO GIVE YOU A SCENARIO, OKAY? IF YOU HAVE A HOUSE, IF YOU HAVE A HOUSE AND YOU HAVE A SIDE YARD THAT'S FIVE FEET, THAT'S NON-CONFORMING, 
          [02:45:02]
YOU CAN'T JUST ADD AN ADDITION AND ADD ANOTHER A HUNDRED FEET TO MAKE THAT FIVE FOOT BECAUSE THAT'S NEW. 
          THEY'RE BUILDING SOMETHING NEW. 
          SO THEY'VE NEVER GOTTEN THE VARIANCE FOR SEVEN POINT FEET? NO, IT'S PREEXISTING. 
          NONCONFORMING. 
          SO IF THE ZONING DISTRICT CHANGED, OR IF ANYTHING, LIKE ALL THAT'S ALL EXISTING, SO NOW THEY'RE MAKING A CONDITION WHERE THEY'RE ADDING TO THE STRUCTURE. 
          SAME CONFUSION. 
          NOW IT'S ADDING A, A REFUSAL ITEM. 
          SO UP THERE IT'S 7.4 DOWN HERE IT'S 9.2. 
          CORRECT. 
          'CAUSE YOU'RE ON A PLANT AND IT'S NEW CONDITION FROM THE PROPERTY LINE. 
          NO. 
          IF THEY HAVE BUILT IT OUT ALL THE WAY TO THAT WALL, YOU MIGHT BE RIGHT. 
          BUT THAT'S NOT IT. 
          IN OTHER WORDS, IT ENDS UP BEING 9.2 NO MATTER WHAT. 
          DIDN'T GO ALL THE WAY OUT TO WHERE THE WINE IS ON THE NO, I, I TOTALLY GET THAT. 
          BUT IF, BUT EVEN IF THEY DID, IT'S STILL A 9.2 . 
          UM, EXCUSE ME. 
          EXISTING HOUSE IS 7.4. 
          GOOD QUESTION. 
          I'M, I'M, YEAH, BUT WE'RE NOT DEALING WITH THE EXISTING HOUSE. 
          SO I, I'M A DESIGNER. 
          LET'S LISTEN TO THE ARCHITECT. 
          EXPLAIN TO ME WHY YOU'RE DOING THAT. 
          'CAUSE I LIKE IT . 
          I JUST NEED A PROPER JUSTIFICATION OF COURSE, AS TO WHY YOU'RE DOING IT. 
          OKAY. 
          AND I'M GONNA HAVE TO OPEN A, IS THIS SOMETHING THAT YOU, I MEAN, IF IT'S UNNECESSARY, IT, ITS, IT IS NECESSARY. 
          OH, I THOUGHT YOU WERE SAYING IT IS UNNECESSARY OR IT IS NECESSARY. 
          IT'S NECESSARY IS VERY, IT'S VERY NECESSARY. 
          OKAY. 
          EXPLAIN TO ME WHY, I'M SORRY. 
          EXPLAIN TO US WHY WE ARE RENOVATING THE ENTIRE HOUSE AND THE ENTIRE LAYER LAYOUT. 
          LAYOUT WILL CHANGE. 
          I'M SORRY, INTO THE MICROPHONE. 
          I'M SORRY. 
          SO WE ARE RENOVATING THE ENTIRE HOUSE AND THE LAYOUT WILL CHANGE. 
          WE'LL HAVE FOUR BEDROOMS ON THE SECOND FLOOR. 
          AND FIRST OF ALL, THIS BUMP OUT THE, IT'S JUST NOT FUNCTIONAL. 
          YOU CANNOT HAVE NEITHER OFFICE NOR A BEDROOM IN THAT SPACE. 
          OKAY. 
          SO WE ARE BASICALLY MAKING A DIFFERENT FORM AND WE'RE PUTTING A STAIRCASE THAT WILL CONNECT FIRST FLOOR AND A SECOND FLOOR. 
          THIS WILL ALLOW US FOR BETTER FLOW ON THE SECOND FLOOR AND WILL ALLOW US TO HAVE FOUR BEDROOMS AND ADDITIONAL BATHROOMS THERE. 
          I CAN SHOW YOU A SECOND. 
          SO THIS IS, THIS IS AN EXISTING FLOOR PLAN. 
          SECOND FLOOR. 
          MM-HMM . 
          AND THAT'S WHAT WE'RE PROPOSING. 
          SO THAT'S THE STAIRCASE. 
          STAIRCASE IN THE BUMP OUT. 
          YEAH, THAT'S, THAT'S, THAT'S WHAT WE DOING BASICALLY. 
          AND GETTING RID OF THE CENTER STAIR. 
          GO BACK TO THE PREVIOUS SLIDE HERE. 
          IT'S RIGHT HERE TOO. 
          OOPS. 
          THEY'RE GOING FROM A CENTER STAIR TO A STAIRCASE IN THE BUMP OUT. 
          OH REALLY? TO MAKE MORE EFFICIENT USE OF SPACE ON THE SECOND FLOOR AS WELL AS THE FIRST FLOOR. 
          GIVES US UP POSSIBILITY TO OPEN THIS UP. 
          TWO. 
          OKAY. 
          UNDER, DOES HE NEED TO COME BACK? MM-HMM . 
          BECAUSE OF THAT MISTAKE ON THE, OKAY. 
          CLEVER. 
          UM, ANY OTHER QUESTIONS? VERY CLEVER. 
          AND THAT'S GONNA BE THE ELEVATION. 
          I LIKE THIS CLOSET. 
          . 
          UM, SO DOES HE HAVE TO REAPPLY BECAUSE OF THIS ERROR IN THE FIRST, UH, FIRST AH, ZONING, WHAT DO WE CALL IT? YOU COULD JUST GIVE HIM THE 5.86. 
          YOU CAN JUST MODIFY THE VARIANCE. 
          YES. 
          IF WE WANT. 
          OH, HE DOESN'T HAVE TO REDO ALL THAT OTHER, UM, RED TAPE. 
          WE WOULD RATHER GO WITH, UH, FIVE FEET, 86, WHATEVER IT WAS PROPOSED . 
          AND I CAN, I CAN SHOW YOU THAT IT'S ALREADY FIXED. 
          THAT THAT BUMP OUT. 
          NOT THE BUMPER THAT THE SLIP ON A ON THE PATIO IS NOT THERE ANYMORE. 
          IS THERE, ARE THERE ANY NEIGHBORS HERE OBJECTING TO THIS APPLICATION? DO YOU HAVE ANY LETTERS OF SUPPORT? UH, WE DON'T HAVE A LETTER SUPPORT. 
          ANYBODY SUPPORT, BUT WE DON'T HAVE ANY LETTERS OF OBJECTIONS. 
          , ANYBODY ONLINE THAT'S HERE TO OBJECT TO THIS? I'M NOT SURE WHY THE PICTURE IS NOT LOADING. 
          HERE YOU GO GUYS. 
          IT'S, IT'S GONE. 
          OH YEAH. 
          YOU SEE THIS THING? HOW, HOW WIDE IS THE STAIRWELL? UH, HOLD ON A SECOND. 
          IT'S PRETTY. 
          AND I'LL SHOW YOU. 
          I'LL, I'LL ANSWER THE QUESTION IN, IN A SECOND. 
          WE CAN JUST, AND THAT'S PULLING UP ANOTHER PICTURE BECAUSE IT'S A, YOU STAIR, 
          [02:50:01]
IT'S NOT JUST A STAIR STRAIGHT UP STAIRS CAN JUST STICK FRONT. 
          ARE YOU, ARE YOU IN THE, UH, RENOVATION WHERE YOU ARE CHANGING? SO IT'S THE FRONT OF THE BUILDING THAT YOU'RE GO, THAT'S FACING THE STREET. 
          THAT'S GONNA BE THE BUMP OUT FOR THE STAIRS. 
          THAT'S, THAT'S THE ONE PART OF THE RENOVATION. 
          AND THAT ALSO ANOTHER ONE IN THE BACK OF THE HOUSE. 
          OKAY. 
          I'M LOOKING AT THE PHOTOGRAPH NOW AND I'M LOOKING AT THE, THE TIMBERS OVER THE, UH, THE MAIN ENTRANCE. 
          DO THOSE TIMBERS REMAIN IN YOUR NEW, IN YOUR NEW WE, WE ARE REMOVING THOSE TIMBERS FOR CLEANER, MORE MODERN, UH, LOOK. 
          SO YOU'RE, YOU'RE WELL, 'CAUSE YOU SAID EARLIER YOU'RE, YOU'RE INCREASING YOUR, YOUR GOING MORE WITH THE TUDOR NEIGHBORHOOD. 
          RIGHT? BUT YOU'RE NOT 'CAUSE YOU'RE REDUCING THE TIMBERS. 
          YES. 
          BUT ALSO WHILE WE MAKING IT MORE MODERN AND A CLEAN LOOK, IF YOU COULD SEE ON THE BUMP OUT, WE ALSO CREATE THIS EXTERIOR TRIM THAT'S GONNA KIND OF REMIND US OF THE PAST OF THET ARCHITECTURE, WHICH IS WAS, WHICH IS ON THE BUMP OUT AND ALL OF THIS MILLWORK BETWEEN THE WINDOWS. 
          I SEE THE BUMP OUT. 
          I KNOW THE BUMP OUT HAS A HISTORIC FLAVOR, BUT I DON'T KNOW IF IT HAS A TUDOR HISTORIC FLAVOR. 
          AND YOU, YOU ARE OR NOT IN COTSWOLD? YEAH, THAT'S, OH, I'M SORRY. 
          WOULD YOU? WELL, YOU'RE NEAR COTSWOLD. 
          I DON'T THINK YOU'RE IN COTSWOLD. 
          OKAY. 
          IS THE POOL THAT MUCH MM-HMM . 
          NO. 
          UH, THIS AGAIN, THIS IS RYAN LUKOWSKI. 
          WE ARE NOT IN COTSWOLD. 
          THAT'S WHAT I'M SAYING. 
          THIS HAS TO BE A GOOD REASON. 
          THIS IS NOTHING. 
          THERE'S HAS TO BE A GOOD REASON FOR THIS. 
          ABOUT 20 FEET TO 6.1. 
          BUT WHAT IS THAT? HMM. 
          BUT WHAT IS IT? THAT'S WHAT WE WERE JUST DISCUSSING. 
          THAT BUMP OUT FOR THE STAIRWELL IS GONNA BE IN THE FRONT OF THE HOUSE. 
          YES. 
          THAT'S THE BUMP THAT REPLACES THAT. 
          THE ORIGINAL, THE OLD ONE WITH THE TRAPEZOIDAL SHAPE. 
          THAT'S WHY WE'RE HAVING THIS, THE WHOLE DISCUSSION. 
          NO, I THOUGHT IT WAS IN THE BACK. 
          MM-HMM. 
          MM-HMM. 
          DON'T WORRY. 
          I LIKE IT. 
          YEAH. 
          BUT THEN YOU GO IN THE 6 3, 6 FEET IN THE FRONT IN LIKE A SPLIT SECOND ON THE CORNER OF THE HOUSE. 
          IF IT WERE LIKE THE WHOLE SIDE OF THE HOUSE OR FRONT OF THE HOUSE, THAT WOULD BE A DIFFERENT DISCUSSION. 
          ALRIGHT. 
          OKAY. 
          WHAT MATERIAL WILL THE ROOF BE MADE OUT OF? UM, ASPHALT SHINGLES PROPOSED. 
          AND IF BUDGET ALLOWS, WE WILL TRY TO SEE IF WE CAN GET A SYNTHETIC SLATE. 
          LOOK, BUT I DON'T KNOW IF THE BUDGET WILL ALLOW US TO DO THAT. 
          JUST WHAT KIND OF MATERIAL IS THERE NOW? IT'S, UH, SPANISH STYLE, I BELIEVE. 
          YEAH. 
          AND THERE'S WHOLE THERE. 
          ARE WE DONE? MM-HMM . 
          OKAY. 
          MM-HMM . 
          I WAS DONE AT 9 44. 
          OH, I, I THINK WE'RE THROUGH WITH YOU. 
          ANYBODY IN THE AU AUDIENCE? WE ASKED THAT QUESTION ALREADY. 
          ASK AGAIN. 
          THANK YOU MADAM CHAIR, MEMBERS OF THE BOARD, THANK YOU SO MUCH FOR YOUR TIME INTO CONSIDERATION. 
          HAVE A GOOD NIGHT. 
          THANK YOU. 
          OKAY. 
          GOOD NIGHT. 
          I NEED, OKAY, WE HAVE, WE HAVE TO TAKE A BREAK. 
          THREE MORE CASES. 
          ARE WE GONNA HEAR THE THREE MORE CASES? YES. 
          WE ARE RECORDING STOPPED. 
          WE HAVE THREE MORE QUICKLY. 
          WE ARE NOW RECORDING IN PROGRESS. 
          THANK YOU. 
          WE ARE BACK TO OUR REMAINDER OF OUR AGENDA THIS EVENING. 
          UM, WE ARE NOW AT 25 26 CROSSROADS, WHICH IS AKA MARICO'S PIZZA, 1 95 TARRYTOWN ROAD. 
          AND YOU DON'T KNOW WHERE THAT IS. 
          IT'S RIGHT. 
          UM, IN FRONT OF BJ'S ON THE WALL, BUT ON THE STREET SIDE. 
          I'M SPENCER THON, THE, UH, FRANCHISE OWNER. 
          UH, BUT MY PROJECT MANAGER IS ONLINE AND HE'S TO BE, UH, TALKING THE CASE. 
          BUT IF YOU HAVE ANY QUESTIONS, I'M HERE TOO. 
          OKAY. 
          GOOD EVENING EVERYONE. 
          I HOPE YOU CAN HEAR ME WELL. 
          WE DO. 
          FANTASTIC. 
          UH, SO I HOPE NOT TO TAKE TOO MUCH OF YOUR TIME, BUT WE ARE ASKING, UH, FOR RELIEF FROM HARDSHIP. 
          I, UM, UH, DO YOU HAVE THE, UH, THE COPY OF THE SIGN, UH, ARTWORK THAT WE SENT IN? YEP, 
          [02:55:01]
WE DO. 
          OKAY. 
          UH, FIRSTLY, THE, UM, WHAT I WOULD CALL THE NORTH ELEVATION OR SIDE ELEVATION SIGN, UH, THAT WE HAVE PROPOSED, UH, AN OVERALL HEIGHT OF FOUR FEET. 
          UM, SO WE ARE ASKING FOR RELIEF, UH, WHERE THE LETTER HEIGHT IS. 
          UH, LETTER HEIGHT IS LIMITED AT TWO FEET, AND WE ARE ASKING, UH, FOR A RELIEF OF JUST A LITTLE OVER HALF A FOOT, UH, IN THE HEIGHT INCREASE TO TWO FEET, SIX INCHES AND THREE QUARTERS. 
          UH, THIS SIGN, UH, THE REASON FOR THE ASKED, SORRY, SIR, CAN YOU REPEAT THE LAST PART? OUR, OUR, UM, STENOGRAPHER WAS HAVING DIFFICULTY HEARING YOU. 
          I APOLOGIZE. 
          JUST A LITTLE OVER HALF FOOT IN THE HEIGHT. 
          THAT IS CORRECT. 
          KEEP GOING. 
          KEEP GOING FROM THERE. 
          OKAY. 
          AND, UH, THIS SECOND SIGN OF THIS SECONDARY SIGN, UH, IS THE CLOSEST ONE TO THE MAIN ARTERY, WHICH IS TARRYTOWN ROAD, ABOUT A HUNDRED FEET. 
          UH, BUT IT IS BLOCKED, UH, IN SEVERAL PLACES BY TREES DIRECTLY FROM THAT ROAD. 
          SO, UH, WE ARE HOPING THAT THE POSITIONING OF THIS SECONDARY SIGN HERE WILL ALERT PEOPLE ON TERRA TOWN ROAD TO THE LOCATION OF THIS, UH, ESTABLISHMENT. 
          IT'S RIGHT NEXT TO, UH,  THE NEXT SIGN. 
          SO THE MAIN, THE SIGN OVER THE MAIN ENTRANCE, WE ARE ASKING FOR RELIEF FROM HARDSHIP. 
          UH, FIRST OF ALL, THIS, UH, LET'S SEE. 
          THE STACKED HEIGHT IS A LIMIT OF FOUR FEET. 
          AND WE ARE ASKING, UH, TO HAVE A, UH, STACKED HEIGHT OF SIX FEET. 
          MM-HMM. 
          UH, AS WELL AS THE LIMIT ON, UH, LETTER HEIGHT, UH, WHERE, UH, THE LIMIT IS TWO FEET. 
          AND WE ARE ASKING FOR 3.96 FEET, UH, IN LETTER HEIGHT FOR RICOS THERE. 
          UH, JUST THAT, UH, THIS SIGN, UH, FIRST OF ALL FITS WELL IN THE SIGN BAND THAT IS ALLOWED, UH, TO THE ESTABLISHMENT AND, UH, IS ACTUALLY, UH, RELATIVELY IN KEEPING WITH THE LETTER HEIGHT FROM OTHER ESTABLISHMENTS. 
          UH, NOT ONLY IN THIS PARTICULAR BUILDING, UH, LIKE THE ADVENT, I BELIEVE IT'S A OR ASPEN DENTAL THAT IS ON THE OTHER SIDE OF THIS BUILDING. 
          BUT IN THE, UH, OTHER, UH, ESTABLISHMENTS THAT ARE IN THIS, UH, SHOPPING PLAZA, , CAN YOU TELL ME, UH, WHAT STORE WAS HERE PREVIOUSLY? UH, IT WAS A BLANK, IT WAS A BLANK BOX, I THINK HERE. 
          P ONE IMPORT. 
          P ONE? YEAH, IT WAS PIER ONE. 
          IT WAS A FURNITURE STORE. 
          THEY BROKE IT UP INTO A LOT OF, A LITTLE SMALLER NO, I'M LOOKING AT, I'M LOOKING AT ALL THE OTHER SIGNS IN THE, UH, IN THE SHOPPING CENTER. 
          DAVE, THEY, THE SHOPPING CENTER IS BACK. 
          THIS NO, I KNOW FRONT, BUT I WAS LOOKING TODAY CHICKEN. 
          I WAS LOOKING TODAY AT ALL THE SIGNS THAT ARE ON THE SAME SIDE. 
          THERE'S A BAGEL SHOP, THERE'S THE CITIBANK, THERE'S A, NONE OF THEM ARE THIS BIG. 
          AND THERE'S ACTUALLY CITIBANK, WHICH ALSO HAS A CORNER. 
          DOES NOT EVEN HAVE, ONLY HAS IT ALONG THE FRONT THAT EVERYBODY ELSE HAS. 
          DOESN'T EVEN HAVE ONE ON THE SIDE. 
          THEY ONLY HAVE ONE SIGN. 
          BUT YOU'RE ASKING FOR TWO OVERSIZED SIGNS. 
          AND I'M TRYING TO UNDERSTAND WHEN NO ONE ELSE IN THE AREA IN ON YOUR BLOCK YES. 
          HAS LARGE SIGNS LIKE THAT. 
          ON THAT ONE BLOCK. 
          WE WOULD BE SLIGHTLY BIGGER. 
          THE, OUR, OUR MAIN ENTRANCE IS THE ONE YOU'RE LOOKING AT ON THE SIDE. 
          SO YOU SEE IT WE'RE THAT NEXT TO THE ASPEN DENTAL, WHEREAS, SO THERE'S NO SIGN, UH, ON THE TIP FACING TARRYTOWN ROAD. 
          UM, WE ARE ACTUALLY BLOCKED BY THE MOST TREES. 
          THERE'S LIKE THREE TREES ON, ON OUR SIDE. 
          SO WE DON'T, SO WE'RE AT THIS, THE VARIANCE WE'RE ASKING FOR IS A SLIGHTLY BIGGER SIGN, BUT ALSO A SIGN ON TERRYTOWN ROAD. 
          'CAUSE ALL WE ARE, OR WE ALL WE HAVE NOW IS A SIDE NEXT TO DELTA, UH, NEXT TO THE, UH, DENTAL PLACE. 
          SO WE'RE KIND OF JUST TRYING TO FINISH THAT WHOLE LINE OF SIGNS AND HAVE EXPOSURE ON THE MAIN ARTERY OF TERRYTOWN ROAD. 
          SO WE CAN GET OUR, OUR NAME OUT THERE. 
          YOU NOW HAVE A BIG PAPER SIGN OR A CLOTH SIGN? IT'S JUST UP YEAH. 
          UP THERE. 
          YEAH. 
          JUST LIKE THEY'RE COMING SOON. 
          YEAH, YEAH, YEAH. 
          NO, BUT, AND EVEN THAT IS BIGGER THAN WHAT YOUR NEIGHBORS HAVE. 
          WELL, IT'S SHORTER. 
          IT'S A LOT SHORTER. 
          IT'S A LITTLE TALLER. 
          YEAH. 
          BIGGER, HIGHER. 
          YEAH. 
          THE IT'S HIGHER. 
          HIGHER. 
          THE HIGHER, THE LETTERS ARE HIGHER AND IT, IT DOES NOT, 
          [03:00:02]
IT DOES NOT MATCH THE REST OF THE PEOPLE ON THAT LINE OF SIGNS. 
          WELL, OBVIOUSLY IT WOULD BE A LITTLE BIT BIGGER, OBVIOUSLY. 
          NO, IT'S THE HEIGHT THAT'S THE ISSUE. 
          NOT THE LENGTH, NOT THE WIDTH. 
          YEAH. 
          OKAY. 
          OKAY. 
          UH, THERE ARE OTHER ESTABLISHMENTS ALONG THAT SAME LITTLE SHORT, UH, AREA THERE, BUT WHAT, WHAT'S THE OTHER? ASPEN DENTAL? THAT'S A AROUND NO ASPEN'S ON THE OTHER SIDE. 
          IT'S THE ROUND OF CORNER. 
          IT'S ON THE SIDE. 
          YEAH. 
          RIGHT. 
          THIS IS STRAIGHT ON THE STREET. 
          OKAY. 
          BUT IN THE SAME, YOU KNOW, IN THE CROSSROAD SHOPPING CENTER THERE, THERE ARE A LOT OF STOREFRONTS, UH, THAT HAVE, YOU KNOW, SIGNS SIMILAR AND OR BIGGER. 
          NOT JUST THE BJ'S, BUT I THINK THAT THOUGH, THAT THEY WERE FURTHER AWAY FROM THE STREET. 
          SO, AND BJ'S HAD THAT BIG SPACE TO FILL. 
          SO THERE WERE LIKE LEGITIMATE REASONS. 
          YEAH. 
          YEAH. 
          BJ'S IS HUGE. 
          BUT THERE'S OF, OF, WELL IT'S NOT HUGE, BUT LIKE, THERE WERE SO FAR IT'S LIKE TREE BLOCKAGE, WHICH MAKES ME SAY, OKAY, THAT MAYBE HE WOULD NEED TWO SIGNS. 
          BUT I DON'T UNDERSTAND WHAT YOUR REASONING IS, IS WHY YOU WOULD NEED A LARGER SIGN, UH, YOU KNOW, HIGHER. 
          JUST BECAUSE WITH, WITH OUR, WITH OUR SIGN WHEN IT'S JUST RICO'S AND WE HAVE, IT'S BASICALLY LIKE THE RICO'S NAME AND THEN UNDER IT IS THE THIN CROSS PIZZA, WHICH IS HOW WE HAVE TO DO IT. 
          AND IF YOU MAKE THEM BOTH, REALLY, IF YOU MAKE THEM BOTH THE SAME SIZE OR THE SIZE THAT, UH, WE ARE SUPPOSED TO DO WITHOUT THE VARIANCE, YOU, YOU CAN'T REALLY SEE THE RICOS AND THE THIN CROSS PIZZA. 
          OKAY. 
          SO THAT'S, THAT'S THE REASON FOR THE VARIANCE. 
          SO THIS IS A BRAND ISSUE FROM THE, WELL, IT'S NOT JUST A BRAND ISSUE, IT'S JUST HARDER. 
          IT'S, IT'S GONNA BE HARD TO SEE. 
          AND YOU KNOW, WE'RE ASKING FOR THE VARIANCE 'CAUSE WE'RE RICO'S BEING NEW IN WESTCHESTER AND NO ONE REALLY KNOWS THEIR NAME AND YOU KNOW, THAT'S PART OF IT. 
          BUT HE'S SAYING THAT'S THE REASON FOR THE DIFFERENCE BETWEEN A STACK TIGHT AND A SIGN HEIGHT IS TO ACCOUNT FOR WHAT YOU'RE TALKING ABOUT. 
          THAT YOU HAVE RICO'S AND THEN YOU HAVE, UM, I FORGET WHAT THE PIZZA IS AND I CAN'T READ YOUR SHIRT. 
          IT, IT'S, IT JUST SAYS THIN CROSS PIZZA, RIGHT? YEAH. 
          SO THIS, THE, THE SIGN, THE LETTERING ITSELF IS LIMITED TO TWO FEET. 
          AND THEN IF YOU'VE GOT TWO SIGNS THAT ARE STACKED, IT GIVES YOU THE FOUR FEET. 
          THAT'S WHY THAT DIFFERENCE EXISTS. 
          IT UN WE UNDERSTAND THAT THERE'S, YOU NEED MORE SPACE IF YOU'RE GONNA STACK TWO DIFFERENT SAYINGS. 
          BUT I DON'T UNDERSTAND THE HARDSHIP THAT WAS STATED. 
          IF YOU ARE GONNA BE MATCHING OR SMALLER OR, OR LARGER THAN YOUR NEIGHBORS. 
          THE, UM, SO THE SIDE ELEVATION SIGN, UM, UH, IT IS PARTIALLY A BRANDING ISSUE, UH, AS YOU'VE STATED THAT, UH, IF WE WERE TO MAKE THE OVERALL SIGN SMALLER SO AS TO, UH, FIT TO THE TWO FOOT HIGH, UH, LETTER LIMIT, IT WOULD DECREASE THE SIZE OF THE SMALL CABINET THAT SAYS THIN CRUST PIZZA. 
          WITH THOSE SMALL LETTERS, MAKING THAT EVEN SMALLER WOULD MAKE THAT VERY DIFFICULT TO READ IN A PLACE WHERE WE ARE, UH, BASICALLY IN A PLACE WHERE THIS, YOU KNOW, UH, UH, THIS, UH, UH, OH MY GOODNESS, THIS LOCATION WHERE IT'S ALREADY DIFFICULT TO SEE FROM THE STREET. 
          UH, AND SO WE'D LIKE TO AT LEAST, UH, BE ABLE TO HAVE THE CHANCE TO HAVE OUR SIGNAGE READ CLEARLY. 
          UM, AND THE FRONT, THE SIGNAGE THAT IS ABOVE THE MAIN ENTRANCE, WHICH FACES INTO THE PARKING LOT, UH, THE REASON THAT WE ASK FOR THAT INCREASE IN SIZE, UH, AS WELL AS, YOU KNOW, UH, TRYING TO MATCH OUR NEIGHBORS, IS THAT THE DISTANCE, UH, THE DISTANCE FROM THAT SIGN FACING OUT TO THE NEAREST ARTERY, WHICH IS TARRYTOWN ROAD, FURTHER DOWN, IS ABOUT 400 FEET. 
          UH, AS OPPOSED TO THE 100 FEET OR SO THAT THE SIDE, UH, ELEVATION SIGN IS FACING. 
          SO WE'RE TRYING TO COMPENSATE, UH, NOT ONLY THE WAY THE BRAND IS, UH, MEASURED OUT, UH, IN EACH SIGN, BUT ALSO THE ABILITY TO BE SEEN, UH, BY THE MAIN ARTERIES, UH, NEAR THAT SITE. 
          YEAH. 
          SO THE, SO THE SIDE WHERE THE DELTA DENTAL IS WOULD BE, IS BIGGER, BUT THERE'S THE CLOSEST THING THERE IS THE CHASE BANK, WHICH IS VERY FAR AWAY. 
          AND THEN IF YOU COME IN THAT MAIN ENTRANCE TO SEE THE RICOH SIGN, YOU, YOU WOULD NEED A BIGGER SIGN, JUST LIKE GOLF GALAXY, UM, IS, IS FACING THAT WAY. 
          AND THEN THE TAR FACING TERRYTOWN ROAD, IF YOU MAKE IT SMALLER, YOU, YOU WON'T BE ABLE TO SEE THIN CROSS PIZZA. 
          'CAUSE IT WILL JUST BE TOO SMALL. 
          SO THAT'S, THAT'S WHY WE'RE HERE. 
          BUT YOU'RE SEEING RICOS, YOU CAN, YEAH, YOU CAN SEE RICOS, YOU'LL SEE PIZZA, YOU CAN SEE RICOS, BUT WELL, YOU WON'T SEE PIZZA, YOU'LL SEE RICOS. 
          AND PEOPLE WON'T KNOW WHAT THAT IS BECAUSE THE, THE, YOUR UNDERNEATH YOUR BRANDING, YOUR BRANDING HASN'T REACHED, UM, IT WON'T BE THIS FAR INTO, 
          [03:05:01]
NO. 
          WELL, WHERE IS RICO? IT'S, IT'S RICO'S IS BASED, IS IS STANFORD, BUT THERE IN WESTCHESTER, BASICALLY, YEAH. 
          THERE, THERE'S THERE'S NONE IN, I MEAN, SORRY. 
          THERE IN FAIRFIELD. 
          THERE'S NONE IN WESTCHESTER. 
          OH, OKAY. 
          UM, HOW, HOW YOU GOT A REAL GREAT SPOT THERE. 
          OH, THANK YOU. 
          THEY'RE OUT THERE LIKE CRAZY. 
          WELL, HOPEFULLY WE'RE GONNA BE OPEN IN LIKE THREE WEEKS. 
          SO LET'S, I NEED WHY WE'RE HERE CREATING OUR CASE. 
          RESIGN. 
          DAVE'S HOT CHICKEN IS, YOU KNOW, HOT. 
          HOT  REAL HOT. 
          UM, HOW GOOD IS YOUR PIZZA? IT'S GREAT. 
          . 
          IT'S, IT'S, HE'S HE'S IN, IT'S VERY GOOD. 
          AND IN THE OLD DAYS THEY USED TO BRING US A SAMPLE. 
          NO, NO. 
          WHEN YOU'RE, I WILL BRING A SAMPLE. 
          WHEN WE TRAIN OUR, WHEN WE WERE TRAINING OUR, OUR KITCHEN STAFF WE'RE GIVING PIZZA AWAY TO THE WHOLE TOWN. 
          OH NO. 
          PLEASE DON'T . 
          NO, WE REALLY ARE. 
          THAT'S OUR, THAT'S OUR PLAN NOWS SERIOUSLY, UM, I'M, I'M THE PERSON WHO LIKES TO KEEP THE SIGNS SMALL , THEY'LL TELL YOU. 
          UM, AND MY OFFICE IS RIGHT BY THERE AND I'M THERE ALL THE TIME. 
          I'M GONNA LOOK AND SEE WHAT YOU KNOW AND LISTEN TO WHAT YOU'VE SAID AND, AND LOOK AND SEE WHAT, IF THERE'S AN, YOU KNOW, IF THAT'S SOMETHING THAT I WOULD WANT TO ADOPT THAT WANTED OR NOT. 
          THAT'S WHERE I AM. 
          YEAH. 
          I'M, I'M, I'LL BE THERE ALL DAY TOMORROW IF YOU WANT TO SURVIVE . 
          WELL, I CAN'T BE THERE ALL DAY TOMORROW WITH PIZZA. 
          NO, I'LL BE THERE ALL DAY. 
          SO IF YOU WANTED TO, TO COME BY AND, AND, AND LOOK AT THE SIGNAGE, IT'S REALLY ABOUT SEEING THAT IT'S PIZZA. 
          YOU HAVE, UH, DO YOU HAVE, WHAT IS IT? WHOLE WHEAT PIZZA? WE HAVE GOT, WE'VE GOT GLUTEN-FREE, WE GOT CAULIFLOWER AND THEN WE'VE GOT JUST OUR REGULAR RES PIZZA. 
          OKAY, ALRIGHT. 
          BECAUSE YOU HAVE A PLANET PIZZA, UM, NOT THAT FAR AWAY. 
          MM-HMM . 
          WELL, DOMINO'S IS PRETTY FAR AWAY, BUT, SO YOU HAVE SOME COMPETITION? WE DO, BUT WE'RE, WE'RE REALLY KID FRIENDLY. 
          'CAUSE IT'S SO THIN THAT IT DOESN'T FLOP. 
          SO KIDS LOVE EATING IT 'CAUSE IT'S VERY EASY TO EAT FOR A KID. 
          AND THEN WE'VE GOT, YOU KNOW, WINGS AND WRAPS AND SALADS. 
          WELL, I'M, I'M DEFINITELY UNDERSTANDING YOUR CONCERN. 
          JUST NEXT DOOR . 
          HMM. 
          OH, WHO SAID THAT? OH, SEAN. 
          NO, NO, THEY'RE JUST CHATTING. 
          OKAY. 
          OKAY. 
          . 
          UH, THERE'S NO WAY TO REDUCE RICOHS AND INCREASE THIN CRUST PIZZA AND NO, IT'S THE BRAND. 
          NO, NONE, NONE OF THAT. 
          UNFORTUNATELY THERE, THERE WOULDN'T BE. 
          WELL, NO, I'M, I'M JUST THINKING THAT RATHER THAN, WHAT IS IT? DOUBLING THE HEIGHT OF YOUR SIGNAGE TO TRY AND DECREASE IT IN SOME WAY, BUT WHERE EVERYTHING THAT YOU WANT TO EXPRESS IS VISIBLE. 
          LIKE YOU'RE MAKING A BIG DEAL ABOUT RICOS, BUT YOU'RE SAYING THAT YOU'RE BUILDING YOUR BRANDING, UNFORTUNATELY, DO IT. 
          YEAH. 
          YOU'RE BUILDING YOUR BRANDING OTHER LOCATIONS, BUT THIN CRUST, PIZZA, , EVERYBODY KNOWS WHAT THAT IS AND HE JUST, ALL YOU HAVE TO DO IS WHISPER THE WORD PIZZA AND YOU'RE GONNA HAVE PLENTY OF PEOPLE GOING THERE. 
          SO WHICH IS MORE IMPORTANT? RICOS, THAT WOULD BE SOMETHING CRUST PIZZA CORPORATE RICOS ABOUT HMM. 
          RIGHT NOW. 
          RIGHT? I MEAN, THAT'S SOMETHING TO I WOULD NEED TO ADDRESS WITH, OR, OR CORPORATE STORES, BUT RIGHT. 
          THAT'S, THIS IS THE BRANDING THAT IS SO, SO RICOH'S. 
          YEAH. 
          IS IT, UM, CAN'T CHANGE THAT OLD NAVY'S IS COMING THERE. 
          YEP. 
          OLD NAVY AND WOMEN SHOP LIKE CRAZY. 
          OKAY. 
          AND THEY BRING KIDS AND THEY'RE, THEY'RE GONNA PROBABLY WANT SOME BIG LETTERS TOO. 
           . 
          OKAY. 
          ANY OTHER QUESTIONS? NO, THANK YOU VERY MUCH. 
          ALL RIGHT. 
          THANK YOU. 
          THANK YOU. 
          ALL RIGHT. 
          AND WE ARE NOW UP TO 25, 28. 
          TWO, TWO OH TEXT A AWARD. 
          UH, TEXT ROLL. 
          I'M SORRY, IRVINGTON. 
          THANK YOU. 
          UM, MEMBERS OF THE BOARD CHAIR. 
          I REALLY APPRECIATE, UH, ALL THE HOURS YOU'RE SPENDING ON THIS AND PARTICULARLY APPRECIATE THE STAMINA TO GET THROUGH THE WHOLE AGENDA. 
          'CAUSE UH, THE FEDERAL TAX CREDIT FOR SOLAR IS JUST ABOUT TO EXPIRE, SO REALLY APPRECIATE IT. 
          UM, I'M ROGER BERKHART. 
          UH, I'VE BEEN AT TWO 20 TAXI ROAD FOR 35 YEARS. 
          UM, UH, I WANNA ALSO APPRECIATE THE FACT THAT THE TOWN OF GREENBERG HAS LONG BEEN AT THE FOREFRONT OF FOREFRONT OF INSTALLING RENEWABLE. 
          I THINK THE, THE POOL AND THE BOARD PUT THE FIRST ONE UP 2016 AND I'VE BEEN WORKING WITH THE BOARD FOR LAST THREE YEARS 
          [03:10:01]
ON ADDITIONAL COMMUNITY SOLAR. 
          SO THERE'S MORE CONSTRUCTION GOING ON RIGHT NOW. 
          UH, WHAT WE'RE HERE FOR TODAY IS FOR A, UH, SOLAR INSTALLATION AT TWO 20 TAX TAXED ROAD. 
          UH, I'LL TURN IT OVER TO JAMIE, WHO IS A SUPER EXPERT ON THIS. 
          A PIONEER IN THIS AREA FOR MANY YEARS TO EXPLAIN WHY THE LOCATION NEEDS TO BE WHERE IT IS AND ANSWER ANY OF YOUR QUESTIONS. 
          I JUST WANNA MAKE THE POINT THAT I HAVE REACHED OUT TO ALL OF THE ADJACENT NEIGHBORS. 
          EVERY ONE OF THE ONE YOU'LL SEE ON THE MAP, THERE'S A CHECK MARK AGAINST ALL THE PEOPLE WHO WOULD BE, UH, NEAR TO THIS. 
          NOT THAT THEY CAN REALLY SEE IT, BUT THEY WOULD BE NEAR TO IT. 
          THEY'VE ALL BEEN SUPPORTIVE AND NONE OF THE NEIGHBORS HAVE EXPRESSED ANY CONCERNS WHATSOEVER. 
          UH, IT'S A VERY LOW STRUCTURE. 
          IT DOESN'T COME UP MORE THAN ABOUT 18 INCHES, MAYBE TWO FEET AT THE MOST. 
          UM, UNDER THAT, I'LL HAND IT OVER TO JIM. 
          OKAY. 
          THANK YOU. 
          UH, MY NAME IS JAMIE GLOVER. 
          I'M THE FOUNDER OF, UH, GREEN HYBRID ENERGY SOLUTIONS. 
          UH, WE WERE ESTABLISHED IN 2010 AND WE'RE, UH, WE'RE BEFORE YOU SEEKING A, UH, AREA VARIANCE. 
          'CAUSE WE'RE LOOKING TO INSTALL A GROUND MOUNT SOLAR SYSTEM, UH, ON THE PROPERTY. 
          UM, IT'S A VERY DIFFICULT PROPERTY. 
          THERE'S CHALLENGES THERE. 
          UH, PUTTING IT ON THE HOUSE ONLY DOES ABOUT 30% OF THE, OF THE USAGE. 
          SO IN THE PROPOSAL, WE, YOU'LL SEE, AND IF YOU CAN GO TO PV 4.0, THAT'S THE ONE LINE. 
          THERE WE GO. 
          GOOD. 
          GOOD. 
          RIGHT THERE. 
          SO YOU CAN SEE THE HOUSE AND YOU CAN SEE IT'S A VERY WOODED AREA. 
          UH, THERE'S, THERE'S TREES THERE THAT ARE A HUNDRED YEARS OLD, RIGHT? SO TO PUT IT ON THE SOUTHERNMOST SIDE OF THE PAGE. 
          THE BOTTOM OF THE SCREEN IS SOUTH. 
          UM, THERE ARE DISADVANTAGES THERE, AND I CAN SHOW YOU WHAT THAT, UH, THE PRODUCTION FROM THAT LOCATION WOULD BE NON-EXISTENT. 
          NOW, IF YOU LOOK NORTH OF THE PAGE, YOU'LL SEE WHERE WE'RE PROPOSING PUT THE GROUND MOUNT, WHICH IN THE EYES OF THE TOWN IS THE FRONT YARD. 
          AND, UM, IT'S, IT'S A, BUT FROM A, FROM A, UH, FROM, FROM A HARDSHIP POINT OF VIEW, IT'S REALLY THE ONLY VIABLE LOCATION GIVEN THE, UH, AMOUNT, THE TILT, THE ORIENTATION, THE AMOUNT OF SUN HOURS THAT'LL COME FROM THAT LOCATION. 
          UM, THERE ARE NO OTHER LOCATIONS IN THE YARD WHERE WE CAN PUT THAT, WHERE, WHERE IT WILL PRODUCE ANYTHING. 
          IT WOULD BE EFFECTIVELY USELESS. 
          UM, ADDING A LITTLE CLARITY ON THAT, THE ARRAY, UM, MR. BURKHART PURPOSELY MADE THIS A LOW PROFILE ARRAY. 
          TYPICALLY, WHEN WE DO A GROUND MOUNT, IT STARTS OFF AT TWO FEET HIGH, AND ON THE HIGH END IT'S ABOUT SEVEN FEET HIGH. 
          THAT'S WHAT YOU TYPICALLY CALL AN ACCESSORY STRUCTURE, WHICH IS WHAT THIS FALLS UNDER. 
          THIS ACCESSORY STRUCTURE ON THE HIGH END, ROGER, IS ACTUALLY 10 INCHES, FOUR INCHES ON THE LOW SIDE, 10 INCHES ON THE HIGH SIDE. 
          UM, IF WE CAN SCROLL FURTHER DOWN ON THE, ON THE, UH, ON THIS ARRAY PV, THERE'S ANOTHER ONE SHOWING THE BOUNDARIES AND ALL THE OTHER NEIGHBORS WERE IN AGREEMENT. 
          WE'LL KEEP ON GOING. 
          THERE IS RIGHT THERE. 
          IF YOU COULD STOP RIGHT THERE. 
          THERE'S THE CROSS SECTION THERE. 
          SO YOU COULD SEE THAT, UM, WE'RE USING BALLAST TRAYS. 
          THE LOW END OF THE ARRAY IS FOUR INCHES HIGH. 
          THE HIGH END IS NINE INCHES HIGH. 
          THE ONLY PERSONS THAT WILL SEE THIS ARRAY ARE THE BURKHARTS. 
          THERE'S TREES TO THE LEFT, THERE'S TREES TO THE RIGHT, THERE'S TREES BEHIND IT. 
          UM, IT'S VIRTUALLY, YOU KNOW, LOST, LOST IN THE, UH, IN THE TREE, THE TREE, UH, TREE LINES OF THE PROPERTY. 
          UM, UM, DUMB QUESTION. 
          YEAH. 
          YES, SIR. 
          SO HOW DO YOU GET THE SUN? SO, ALL RIGHT, IF WE CAN GO BACK TO FOUR POINT, UH, IF WE GO BACK UP THEN THIS PARTICULAR LOCATION, ONE MORE, ONE MORE, AND ONE MORE. 
          YOU, YOU SEE THAT RIGHT THERE? PERFECT. 
          IF YOU SEE THAT BLACK AREA, THERE'S NO TREES THERE. 
          SO THE FACT THAT THAT IS THE ONE LOCATION WHERE IT WILL GET SUN, UM, IF I MAY APPROACH THE BOARD, I, I ACTUALLY HAVE A, UH, A PICTURE OF THE LOCATION AND A SHADING REPORT. 
          MAY I APPROACH THE, UH, THE BOARD? SO THIS PICTURE HERE IS THE BACKYARD OF THE HOUSE. 
          YES. 
          CAN I STAND? PREFER HEAR YOU. 
          ALRIGHT. 
          LET 
          [03:15:01]
YOU TEST THAT ON DOWN. 
          AND HERE'S A SECONDARY PICTURE OF THE BACK OF THE HOUSE. 
          IS THIS WHERE YOU'RE PROPOSING TO PUT IT? NOW THIS IS WHERE I'M PROPOSING NOT TO PUT IT AND PLEADING HARDSHIP TO PUT IT IN THIS LOCATION, WHICH IS IN THE EYES OF THE TOWN, THE FRONT OF THE HOUSE. 
          THIS IS THE LOCATION WHERE I'M PROPOSING IT, WHERE YOU SAW THAT DARK AREA. 
          AND THIS IS A PATHFINDER REPORT. 
          NOW, IF YOU SEE I'M GOOD, THE DARK AREAS, THAT'S WHERE THE, THE, THIS IS A, UM, A DRAWING THAT SHOWS THE LIGHT AREAS WHERE THE SUN WILL PRODUCE. 
          SO FROM 10 O'CLOCK IN THE MORNING TILL FOUR IN THE AFTERNOON, THAT'S GONNA PRODUCE VERY NICELY, WHICH ARE WHAT I CALL THAT SWEET SPOT AREA. 
          IF YOU COULD JUST TAKE A MIC WITH YOU OR SPEAK INTO A MIC. 
          SO THAT, OR THAT, THAT LOCATION I'VE DOCUMENTED THROUGH PATHFINDER REPORTS THAT IT'S THE BEST PRODUCING AREA ON THE ENTIRE PROPERTY. 
          ANYWHERE ELSE, YOU WOULD ONLY MAYBE GET 10% PRODUCTIVITY. 
          DO YOU HAVE A PICTURE OF THE HOUSE AS SEEN FROM THE STREET AND WHERE THIS WOULD BE IN RELATIONSHIP TO THE HOUSE? UM, WELL, IF WE CAN GO BACK TO P IF WE CAN GO BACK TO PV 4.0. 
          UM, IT'S A, IT'S ABOUT A 400 FOOT DRIVE TO YOUR HOUSE. 
          SO THE, IT'S KIND OF A MISNOMER. 
          LET'S KEEP ON GOING. 
          GOOD, GOOD. 
          YEAH. 
          RIGHT THERE. 
          RIGHT THERE. 
          GOOD. 
          GOOD. 
          OKAY. 
          SO, UM, THAT'S ACTUALLY HIS PRIVATE DRIVEWAY RIGHT THERE. 
          WHICH IN THE CIRCLE IS THERE. 
          THE CLOSEST STREET IS ACTUALLY MULLIGAN LANE, OF WHICH THERE IS NO ACCESS. 
          SO EVEN THOUGH IT'S TAXER ROAD DOESN'T GET, TAXI ROAD IS ACTUALLY NOT EVEN ON, IT'S, IT'S BEYOND THE FOOTPRINT OF THAT BOUNDARY OF THAT TAXI. 
          CAN I, CAN I, CAN I JUST PAUSE YOU FOR A MOMENT? UM, JUST, JUST READING THIS, HE COMES IN HERE, THIS SOLAR ARRAY IS GONNA BE 74 FEET WIDE BY 31. 
          IS THERE A REASON WHY 36 PANELS ARE NEEDED? YES. 
          YES. 
          A VERY GOOD QUESTION. 
          SO, UM, WHAT WE DID IS WE DID AN ANALYSIS OF THE BURKHART'S USAGE MM-HMM . 
          UM, AND WE SE WE ORIGINALLY FILED FOR BOTH A ROOF MOUNTED SYSTEM AND A GROUND MOUNTED SYSTEM TO GET THEM TO NET ZERO. 
          SO, UH, THIS WAS, THIS WAS DENIED. 
          WE NOW HAVE SUBSEQUENTLY SUBMITTED AND GOT, SORRY, SORRY TO INTERRUPT. 
          WHAT DOES NET ZERO MEAN? AH, GOOD QUESTION. 
          THANK YOU. 
          THE SOLAR PRODUCTION WILL 100% OFFSET THE CONSUMPTION OF THE HOUSE, HENCE THE WORD NET ZERO. 
          OKAY. 
          THE REASON WHY IT'S SO MUCH, THE REASON WHY IT'S QUITE SO MUCH ELECTRICITY IS THAT WE STOPPED USING OIL ABOUT 15 YEARS AGO. 
          WE PUT IN A GROUND SOURCE HEAT PUMP. 
          AND SO WE BOTH HEAT AND COOL USING THAT HEAT PUMP. 
          SO IT DRIVES UP THE ELECTRICITY CONSUMPTION. 
          GEOTHERMAL, YES. 
          SO, JUST A QUICK QUESTION. 
          IF YOU CAN PAUSE FOR ONE SECOND. 
          THIS WOULD BE A PERMITTED USE IN THE REAR OR SIDE YARD THIS SIZE. 
          SO IT'S, IT'S AN, IT'S BEING TREATED AS AN AREA OF VARIANCE BECAUSE IT'S LOCATIONAL, WHICH IS CONSIDERED TO BE A DIMENSION AS AN AREA VARIANCE. 
          NOW, IF IT WERE IN THE REAR YARD, WOULD IT BE OKAY? YEAH, YEAH. 
          IT'S, YOU JUST NEED AN AREA VARIANCE FOR IT. 
          ALRIGHT. 
          HOW, HOW BIG IS THE PROPERTY? IT'S RQ 24 ACRES. 
          YEAH. 
          FOUR ACRES. 
          YEAH. 
          IT'S A FARM. 
          YEAH. 
          THIS, THE FOOTPRINT OF THE SOLAR ARRAY, I BELIEVE IS 2%, UNDER 2% OF THE OVERALL ACREAGE OF THE PROPERTY. 
          OKAY. 
          AND AND THE, THE AREAS WHERE IT WOULD BE PERMITTED, UM, WE WOULD HAVE TO BASICALLY DEMONSTRATE THE TREE LINE THERE AND TAKE DOWN A HUNDRED YEAR OLD TREES. 
          IF THE HOUSE WAS SITUATED DIFFERENTLY TOWARDS THE DRIVEWAY, THIS WOULD NOT BE CONSIDERED THE BACKYARD. 
          IS THAT CORRECT? THE FRONT YARD? THAT, THAT'S A GOOD QUESTION. 
          WE, WE, UM, WE DISCUSSED THIS WITH THE EXAMINER, UM, 'CAUSE WE ALSO ARGUED THAT YOU COULD SAY THAT MULLIGAN LANE IS WHERE THE HOUSE IS CLOSER TO IS THE FRONT OF THE YARD. 
          UM, BUT THAT WAS NOT SUCCESSFUL. 
          SO THE FACT THAT THE DRIVEWAY, UM, IS ON THE, UM, ON THE TAXER SIDE, I THINK THAT DEFINES WHAT BECAME THE FRONT YARD. 
          AND I'LL DEFER TO THE BUILDING DEPARTMENT. 
          [03:20:01]
YEAH. 
          RIGHT. 
          LIZ, YOU AGREE? RIGHT? SO THE DRIVEWAY DICTATED WHAT WAS CONSIDERED THE FRONT OF THE YARD, BUT TAXER IS 400 FEET AWAY. 
          AND YOU DID SAY THAT THE NEIGHBOR THAT COULD POTENTIALLY SEE THIS DID SEND A LOT OF SUPPORT, FULLY SUPPORTING IT. 
          YES, SIR. 
          OF NOTE IS ONE OTHER ITEM. 
          SO, UM, THIS IS A VERY TIME SENSITIVE ITEM AS YOU'RE AWARE. 
          UM, THE, UH, THE FEDERAL TAX CREDIT THAT'S AVAILABLE FOR SOLAR INSTALLATIONS EXPIRES ON DECEMBER 31ST OF THIS YEAR. 
          UM, THE COMMERCIAL ONE HAS A AS LITTLE MORE LIFESPAN IN IT. 
          SO IT, IT'S SOMEWHAT OF A TIME SENSITIVE THING BECAUSE THE COST OF, UM, OF THIS GETTING DONE IN 2026 WOULD, WOULD FINANCIALLY IMPACT THE PROJECT AND MIGHT TAKE AWAY THE ROI ON IT. 
          ONE OTHER ITEM OF NOTE, YOU KNOW, WE'RE, WE LIKE THIS LOCATION FOR ANOTHER REASON. 
          WE'RE DOING A LOT OF WATER MANAGEMENT HERE. 
          WE'RE DOING A GROUND MOUNT. 
          WE'RE NOT PENETRATING THE SOIL, BUT WE ARE PUTTING IN A WATER MANAGEMENT SYSTEM SO THAT THERE'S NO EROSION AND WE'RE NOT, YOU KNOW, DISRUPTING, YOU KNOW, THE, THE AREA ITSELF. 
          SO IN OUR PERMIT PACKAGE, WE PUT IN A ROBUST PLANT TO MANAGE WATER AND STORM, STORM WATER. 
          ARE THERE, ARE THERE ANY OTHER AUXILIARY BUILDINGS ON THIS PROPERTY? YOU MEAN ACCESSORY RIGHT NEXT TO THAT? RIGHT NEXT TO THE HOUSE, YOU'LL SEE A GARAGE. 
          I THINK MAYBE ON THE PLAN, JUST ADJACENT TO THE HOUSE IS A FREESTANDING GARAGE. 
          OKAY. 
          BUT NOTHING ELSE. 
          WHEN SHE SAID IT WAS A FARM, IS IT ACTUALLY A FARM? NO, JUST BECAUSE OF THE SIZE. 
          I MEAN, SHE WAS SAYING WE'RE VERY LUCKY TO HAVE SO MUCH LAND. 
          . 
          OKAY. 
          IT'S NOT A WORKING FARM. 
          NO, NO. 
          IT WILL BE THOUGH. 
          RIGHT? HOW OLD IS THE HOUSE? IT, IT GOES BACK, IT GOES BACK TO ABOUT 1900. 
          IT'S AN OLD WOODEN HOUSE. 
          THE WRAPAROUND PORCH. 
          YEP. 
          IT WAS A BIT OF A FIXER UPPER 35 YEARS AGO. 
          AND THEN MY LAST QUESTION, JUST OUTTA CURIOSITY, THE KILOWATT HOURS THAT THIS GRID WOULD PRODUCE IS APPROXIMATELY HOW MUCH SO, AND OH SIDE ALSO, ARE YOU DOING ANY BATTERIES OR THIS IS JUST A STRAIGHT SOLAR FEED? OKAY. 
          UH, NO, NO BATTERIES AT THIS TIME. 
          UM, UH, 19, THIS IS A 19 KW. 
          THERE'S ANOTHER EIGHT KW OR NINE KW THAT'S GOING ON THE ROOF. 
          SO THIS WILL GENERATE ABOUT 22,000 KILOWATT HOURS. 
          IT COULD HAVE BUT BEEN MORE, BUT THE BURKHARTS AT A RESPECT FOR THE NEIGHBORS CREATED THAT LOW PROFILE. 
          THE ORIENTATION IS IDEAL. 
          IT'S ALMOST DUE SOUTH. 
          BUT TYPICALLY WHEN I DO A GROUND MOUNT, I HAVE A 20 TO 25 DEGREE TILT. 
          WHEN YOU DO THAT, IT JUST KIND OF WOULD BE SEVEN, EIGHT FEET UP IN THE AIR. 
          THE BURKART SACRIFICE PERFORMANCE, YOU KNOW, TO FOR A LOWER PROFILE. 
          FOR A LOWER PROFILE, YES. 
          I, I GUESS I HAVE A QUESTION. 
          IT'S MORE FOR OUR ATTORNEY. 
          UM, IF WE WERE TO APPROVE THIS AND IT, IT COMES UNDER THE CRITERIA OF A STRUCTURE I GATHER. 
          UM, DOES THAT MEAN IN IT, IS IT CONDITIONAL UPON SOLAR ARRAYS OR IS IT JUST A THIS IS NOW A, AN ANY AUXILIARY STRUCTURE IN, IN PERPETUITY? I WOULD SAY IT'S LIMITED TO THE STRUCTURE BEING PROPOSED. 
          WHICH IS A SOLAR ARRAY. 
          LIMITED. 
          YEAH. 
          YES. 
          LIMITED TO THE SOLAR. 
          CORRECT? YES. 
          OKAY. 
          SHE COULDN'T HEAR IT. 
          I COULDN'T HEAR YOU. 
          OH, IT'S ON, IT'S FALLING AWAY. 
          THESE THINGS ARE GREAT, BY THE WAY. 
          YES. 
          UH, SPEAK CLOSER INTO THE MICROPHONE IS 'CAUSE I DIDN'T HEAR WHAT YOU SAID. 
          . 
          UM, IT WOULD BE LIMITED TO THE SOLAR ARRAY. 
          OKAY. 
          I, I GUESS MAYBE THIS IS ALSO WHAT SHAUNA IS ALLUDING TO, IS THAT IF WE APPROVE THIS, IT DOESN'T MEAN THAT ANYBODY CAN PUT A SOLAR ARRAY ON THEIR FRONT YARD. 
          NO. 
          WELL, IT'S JUST FOR THIS PARTICULAR PROPERTY. 
          RIGHT. 
          OKAY. 
          SOME PEOPLE HAVE THEIR POOLS IN THE FRONT YARD. 
          WE, YOU KNOW, WE'VE HAD TO PUT 'CAUSE OF THE WAY IN WHICH WE JUST HAVE TO YEAH, THEY WOULD NEED A VARIANCE NOW, I BELIEVE. 
          SO THAT IT'S JUST FOR THIS ONE. 
          YOU THINK THAT WENT OVER MY HEAD? ? 
          [03:25:01]
ANY OTHER QUESTIONS? NO. 
          SO, SO WHAT WOULD BE, THANK YOU VERY MUCH. 
          WHAT WOULD BE THE PROTOCOL? DO YOU HAVE TO MAKE A DECISION AND THEN THEY GET BACK TO US? OR IS THAT SOMETHING THAT WOULD HAPPEN TONIGHT? MAY I ASK? WE, WE HAVE TO SIT AROUND THAT TABLE SIZE THE LETTERS. 
          YOU CAN HAVE DELIBERATE TO SIGN THIS FOR RICO AND THEN WE'LL GO FORWARD. 
          OKAY. 
          ALL RIGHT. 
          SO DID YOU HEAR WHAT I SAID? , WHAT YOU SAID? IF YOU DON'T MIND SAYING AGAIN, SIR. 
          UM, WE WILL, AFTER ONE MORE CASE, WE WILL SIT AROUND THAT TABLE AND DELIBERATE ALL OF THESE CASES. 
          WONDERFUL. 
          COME TO A DETERMINATION ON YOURS OR YOURS. 
          UNDERSTOOD. 
          ONCE WE'VE MADE THAT DECISION, WE COME BACK HERE AND THEN ANNOUNCE IT. 
          GOTCHA. 
          OKAY. 
          SO WE, WE LOOK FORWARD TO HEARING FROM YOU. 
          OR YOU CAN JUST SIT AND LISTEN. 
          YOU, YOU CAN GO. 
          IT'S PUBLIC. 
          WE DELIBERATE PUBLICLY. 
          YOU CAN GO . 
          THANK YOU. 
          YOU CAN GO IF YOU WANT. 
          YOU CAN CALL IN AND LISTEN ON YOUR CELL PHONE TOO. 
          UM, I THINK I'M GOING TO CHOOSE THAT OPTION. 
          YOU KNOW, I, I  IT'S, YOU DON'T LIKE OUR COMPANY. 
          AND I, AND I DO THANK YOU. 
          PEOPLE MUST PUT SOME CRAZY HOURS HERE. 
          . 
          ALL RIGHT. 
          AND WE NOW HAVE 25, 30. 
          IT'S PRETTY, YOU LIKE THIS ONE 15 DRAGO WAY? I DIDN'T GET, UNFORTUNATELY I DIDN'T GET TO THIS ONE EVENING. 
          UH, MY NAME IS, UH, PETER SCOTT. 
          I'M AN ARCHITECT AND ENGINEER REPRESENTING THE APPLICANT AT 15 DRAGO WAY. 
          DANIELLE AND TROY MILLINGS ARE WITH ME TONIGHT. 
          UH, AND WE ARE HERE TALKING ABOUT DRIVEWAYS, , UH, HAVEN'T BEEN TOUCHED UPON YET TONIGHT. 
          SO IT'S A NEW, NEW ASPECT OF OUR DISCUSSION. 
          THE SECTIONS OF THE CODE THAT WE'RE REFERENCING FOR TONIGHT ARE, UH, 2 85, 38 B. 
          UH, I DID BRING THE ORDINANCE WITH ME, UH, IN TERMS OF, UH, EXACT DESCRIPTION OF WHAT'S, UH, BEING, UM, UH, REQUESTED FOR VARIANCE, UH, BY THE BILLING DEPARTMENT. 
          AND WE HAVE SPOKEN WITH THE BILLING DEPARTMENT ABOUT POTENTIAL CHANGES THAT MIGHT BE TAKING PLACE WITH THE ORDINANCES TO ADDRESS JUST THE INTERPRETATION WE HAVE HERE TONIGHT. 
          BUT OUR PROBLEM WE HAVE IS, UH, MY CLIENT, UH, IS TRYING TO, UH, PAVE THEIR DRIVEWAY BEFORE WINTER COMES, WHICH IS, UH, NOVEMBER 15TH FOR THE DEADLINE TO, UH, UH, TO PAVE THE DRIVEWAY PER THE ORDINANCES OF THE TOWN. 
          SO WE CAN'T WAIT FOR AN AMENDMENT TO, UH, AN ORDINANCE. 
          UH, WE'D LIKE TO TALK ABOUT, UH, REQUESTING THE VARIANCE TONIGHT IF WE COULD. 
          UH, THE ISSUE, UH, DEALS WITH, UH, WHAT IS A DRIVEWAY WIDTH AND HOW IT'S INTERPRETED WITH OUR PROPOSAL BEFORE YOU TONIGHT. 
          UH, BASICALLY, UH, WE HAVE AN EXISTING HOME. 
          UH, WE HAVE CONSTRUCTED A, UH, DRIVEWAY TO A GARAGE, WHICH IS DEPICTED ON THE PLAN BEFORE YOU. 
          AND THEN WE ALSO HAVE A, UH, ADJUNCT, UH, DRIVEWAY, WHICH RUNS ALONG THE FRONT OF THE HOUSE, UH, PARALLEL THE DRAGO WAY. 
          BEFORE I GET INTO THE NEEDS, UH, OF THE, UH, OF THE DRIVEWAY ITSELF, I'D LIKE TO TALK ABOUT JUST THE ORDINANCE AND, AND HOW WE WERE APPLYING, UH, THIS APPLICATION TO THE ORDINANCE ITSELF. 
          THE SECTION OF THE CODE BEING REFERENCED, UH, DEALS WITH, UM, OFF STREET PARKING, LOADING AND LANDSCAPE REQUIREMENTS, ESPECIALLY, UH, 2 0 2 85, 38 B AND 2 85. 
          38 B REALLY TALKS ABOUT, UH, WHAT IS A PARKING UNIT, UH, AND A PARKING UNIT IN THE, IN THE REGULATIONS INDICATE A, ARE REQUIRED FOR A ONE FAMILY DWELLING MAY BE PROVIDED IN A PRIVATE GARAGE, IN A CARPORT OR IN A DRIVEWAY. 
          NOT LESS THAN EIGHT FEET, NOR 30 FEET DEEP IN WIDTH OR A COMBINATION THEREOF, BUT MAY NOT BE PROVIDED WITHIN ONE OF THE PUBLIC RIGHT OF WAY. 
          WELL, WHAT THAT ORDINANCE IS REALLY TALKING ABOUT IS WHAT IS A PARKING UNIT FOR SINGLE FAMILY DWELLING. 
          IT DOESN'T REALLY TALK ABOUT WHAT A DRIVEWAY WIDTH IS. 
          UH, AND BECAUSE OF THAT FACT, THERE REALLY ISN'T A PERTINENT REFERENCE IN MY INTERPRETATION, UH, TO THAT OF A DRIVEWAY WIDTH. 
          BUT LOOKING THROUGH THE ORDINANCES, UH, THROUGHOUT THE, THE CODE, WE HAPPEN TO HAVE A DRIVEWAY WIDTH MENTIONED UNDER 2 50 12 FOR STREET DESIGN. 
          AND THEY TALK ABOUT, UH, A SPECIFIC DRIVEWAY WIDTH YOU CAN HAVE. 
          AND ALSO THERE'S ANOTHER, UH, SECTION OF THE CODE, WHICH IS 2 55 8, WHICH TALKS ABOUT DRIVEWAY WIDTHS FOR TOURIST CAMPS OR CAMPS 
          [03:30:01]
WITH AUTOMOBILE PARKING. 
          SO THEY TOOK THE TIME IN THEIR ORDINANCE TO TALK ABOUT WHAT THE WIDTH OF A DRIVEWAY WOULD BE, BUT THEY DIDN'T MENTION ANYTHING IN THE CODE ABOUT DRIVEWAY WITS. 
          SO WE'RE KIND OF CURIOUS HOW THE INTERPRETATION APPLIES TO A DRIVEWAY THAT WE PROPOSE IN THE SITE. 
          THERE'S ANOTHER ISSUE THAT CAME UP IS HOW DO YOU DEFINE WHAT IS IF, IF THIS IS A DRIVEWAY WITH ISSUE? UH, WE DID TAKE REFERENCE TO VARIOUS, UH, NEW YORK STATE ORDINANCES, UH, FOR, UH, FIRE SAFETY AND, UH, FIRE ACCESS. 
          AND THEY DEFINE A DRIVEWAY WIDTH AS A WIDTH IS MEASURED ACROSS THE DRIVEWAY PER PARTICULAR, TO THE DIRECTION OF TRAVEL. 
          NOW, HOW ALL THIS RELATES TO WHAT WE'RE TALKING ABOUT TONIGHT IS WE'RE TRYING TO DEFINE A DO WE ACTUALLY NEED THE VARIANCE FOR DRIVEWAY WIDTH? AND IF SO, IT IS INTERPRETED AS SUCH. 
          WE FEEL THAT THE DEFINITION OF THE DRIVEWAY WIDTH IS WE'RE TECHNICALLY COMPLIANT IN DRIVEWAY WIDTH FOR BOTH THE ADJUNCT DRIVEWAY AND THE ACCESS TO OUR, TO OUR HOUSE SITE. 
          WE ACTUALLY MEET, UH, THE DRIVEWAY WIDTHS. 
          'CAUSE BOTH OF OUR DRIVEWAYS ARE LESS THAN 30 FEET IN WIDTH. 
          UH, THERE IS A PARKING AREA IN FRONT OF THE, UH, GARAGE. 
          BUT AGAIN, UH, AGAIN, THAT, THAT'S, THAT'S REFERENCED IN THE CODE FOR PARKING AREA. 
          UH, AND WE ARE NOT REALLY DEALING WITH THAT, WITH WHAT, WHAT WE'RE BEING REFERRED TO. 
          BUT NEVERTHELESS, JUST TO BRING THOSE UP FOR THE INTEREST OF THE BOARD. 
          UH, THE OTHER ITEM IS LET'S TALK ABOUT WHY WE HAVE THIS, UH, UH, NEED FOR AN ADJUNCT DRIVEWAY IN FRONT OF THE HOUSE SITE. 
          UH, MY CLIENT, UH, HAS, UH, VERY SEVERAL LARGE VEHICLES, A SPRINTER VAN AND A LARGE TRUCKS, WHICH THEY UTILIZE FOR DROP OFF AND PICK OFF AT THE SITE, BOTH FOR TRANSPORTATION PURPOSES, UH, AND FOR, UH, UH, BUSINESS ACTIVITIES, UH, UH, IN HOME OFFICE, ET CETERA. 
          FOR THIS PARTICULAR SITE, THE DRIVEWAY WE HAVE THAT, UH, ENTERS INTO THE GARAGE, UH, HAS A SOMEWHAT, UM, UH, NARROW, UH, PROFILE THAT IS, ITS VERY NARROW ON DRAG AWAY AS IT ENTERS ONTO THE SITE ITSELF. 
          AND AS IT HAS, IT TURNED THROUGH A 90 DEGREE ANGLE TO ENTER INTO THE, THE HOUSE GARAGE. 
          AND WHY THAT IS, IS BECAUSE IF YOU LOOK CAREFULLY AT THE PLAN TO THE, JUST TO THE RIGHT OF OUR DRIVEWAY, WE HAVE A HUNDRED FOOT WETLAND SETBACK, UH, WHICH, UH, PREVENTS US FROM EXPANDING THE DRIVEWAY, UH, TO THE EAST. 
          AND SO WE'RE STUCK WITH THIS TIGHT TURN BY GETTING INTO THE GARAGES. 
          SO WE DON'T ENCROACH UPON THE A HUNDRED FOOT SETBACK. 
          IT'S A CURVED LINE THAT YOU'LL SEE ON THE, ON THE, UH, ON THE, UH, THE PROPERTY ITSELF, UH, THAT, UH, IS DEFINED ON THE MAP. 
          SO WE COULDN'T, ONE SOLUTION COULD HAVE BEEN FOR US TO GET THE SPRINTER VANS ONTO THE PROPERTY, UH, WOULD'VE BEEN, HAVE BEEN, WOULD'VE BEEN ABLE. 
          WE WOULD, WE WOULD, WE WOULD'VE WANTED TO EXPAND THE DISTANCE BETWEEN THE GARAGE DOORS AND THE TURNING POINT, THE 90 DEGREE TURNING POINT TO ENTER INTO THE GARAGE ITSELF. 
          BUT WE COULDN'T DO THAT. 
          SO WE'RE, WE'RE TOO TIGHT TO GET THE SPRINTER VANS IN AND THEN TRY. 
          YOU CAN'T TURN AROUND WITH THE SPRINTER VANS. 
          THERE'S NO ROOM TO DO IT. 
          YOU CAN'T HIT THE GARAGE DOORS AND BACK UP SOMEHOW. 
          THERE'S JUST NOT ON A NOT ENOUGH ROOM THERE. 
          SO OUR SOLUTION TO THIS ISSUE AGAIN, UH, WAS TO HAVE THE, THE, UH, THE, THE VANS AND VEHICLES ENTER INTO OUR DRIVEWAY UNDER, ABOVE THE WORD WAY, AND MAKE A LEFT HAND TURN IN FRONT OF THE, UH, FRONT DOOR OF THE HOUSE SITE, UH, REACHED THE FRONT DOOR TO DROP OFF AND PICK UP AND THEN CONTINUE AND EXIT OUT ONTO DRAG AWAY. 
          SO WE TECHNICALLY HAVE A ONE-WAY, UH, DRIVING PA UH, PATHWAY IN THE FRONT OF THE HOUSE, ENTERING IN IT WAY, TAKING A LEFT-HAND TURN AND DRIVING PAST THE DRIVEWAY AND EXITING, UH, ABOVE THE WORD, UH, DRAGO. 
          SO THAT'S HOW WE, UH, WERE ABLE TO MITIGATE THE ISSUES, UH, WITH THE WETLAND AND ACCESS FOR THE VEHICLES THAT WE PROPOSED. 
          UH, WE ALSO DID, UH, SOME, UH, INVESTIGATION IN TERMS OF WHAT WAS TAKING PLACE IN THE AREA, UH, BECAUSE, UH, I WAS SORT OF INTERESTED IN HOW OTHER PEOPLE HAD SOLVED SOME OF THE SIMILAR ISSUES WE HAD WITH A CONSTRAINED PROPERTY WITH WETLANDS. 
          AND JUST, UH, IF YOU CONTINUE ON DRAG AWAY, I'M SORRY, I DON'T MEAN TO INTERRUPT. 
          YES. 
          CAN YOU SHOW ME ON THAT PLAN WHERE 176 FEET IS? YES. 
          [03:35:01]
UH, THAT APPEARS TO BE A, UH, A MISINTERPRETATION OF THE ZONING REGULATION, BUT THAT 176 FEET WAS A LINE DRAWN BETWEEN THE ENTRANCE, UH, ABOVE THE WORD WAY AND THE EXIT ABOVE THE, UH, WORD DRAGO. 
          AND THAT'S 176 FEET BETWEEN THE ENTRANCE AND THE EXIT OF THIS, UH, UH, AUXILIARY DRIVEWAY. 
          AND THEN THAT WAS MEASURED AS 172 FOOT WIDTH. 
          CAN I JUST PAUSE YOU? I THINK WE HAVE A CLARIFICATION. 
          IS THAT, IS HE ACCURATE IN THAT STATEMENT? IN TERMS OF THE 176? I, I CAN'T SEE WHAT HE'S POINTING TO, BUT, UM, IT'S THE WIDTH ACROSS THE FRONT OF THE HOUSE. 
          GOT IT. 
          THE DRIVEWAY THAT'S IN FRONT OF THE HOUSE. 
          RIGHT. 
          WELL, IT LOOKS LIKE THE LENGTH HERE IT IS, IT'S KIND OF, IN THIS CASE IT LOOKS LIKE IT'S THE LENGTH OF THE DRIVEWAY, BUT THEY'RE COUNTING THAT AS A WIDTH. 
          THE WIDTH, YES. 
          GOT IT. 
          WAIT A MINUTE. 
          WELL, WE'RE, WE'RE NOT COUNTING IT THAT WAY. 
          NO, NO, NO. 
          SO THAT'S WHAT THE, THE APPLICANTS ARE ARGUING THAT IT'S, IT'S, IT'S NOT, THE BILLING DEPARTMENT INTERPRETED THAT AS A WIDTH, SIMILAR TO A PREVIOUS PRESIDENT THAT THIS BOARD, UM, UP UP THE STREET. 
          HE FROM HERE, WHICH IS THE EXACT SAME CONFIGURATION, UM, MADE A SIMILAR DETERMINATION THAT THAT WAS THE WIDTH. 
          BUT WE, UM, I'M, I'M QUOTING THE, UH, STATE OF NEW YORK FIRE CODE, UH, AND EIGHT DESCRIBED WITS AS MEASURED ACROSS THE DRIVEWAY, PERPENDICULAR TO THE DIRECTION OF TRAVEL. 
          IT'S FOR FIRE. 
          SO WHERE, WHERE WE, WHERE WE'RE SAYING IT'S 172 FOOT WIDTH PER THE BILLING DEPARTMENT, WHAT WE'RE SAYING IS THE ACTUAL WIDTH IS 14.5 FEET, WHICH IS A DIRECTION TAKEN PERPENDICULAR, UH, TO THE DIRECTION OF TRAVEL ALONG OUR DRIVEWAY. 
          SO WE DON'T NEED A VARIANCE FOR THAT. 
          JUST ASKING A QUESTION IN THE PREVIOUS ONE, AND I REMEMBER EXACTLY THE CASE YOU DID, WE, UM, HAVE THEM END IT AND THEN THEY HAD TO BACK OUT OF, IS THAT THE WAY WE DID IT? IT WASN'T ALLOWED TO THE BOARD BE THE FULL WIDTH. 
          THE BOARD DENIED THE VARIANCE, UM, WAS, AND THEN THE APPLICANT RESUBMITTED FOR A TEMPORARY VARIANCE, UM, WHICH WAS GRANTED BY THE BOARD BECAUSE THERE WAS A MEMBER OF THE FAMILY. 
          CORRECT. 
          BUT EVENTUALLY THEY HAVE TO TAKE OUT THE CURVED DRIVEWAY. 
          THAT'S CORRECT. 
          RIGHT. 
          BUT IN OUR ASPECT OF THIS, UH, WE WENT TO THE, UH, SUPERINTENDENT HIGHWAYS AND WE WERE ABLE TO RESOLVE THE CURB CUTS TO THE SATISFACTION OF THE TOWN OF GREENBURG BY MAKING THEM 10 FEET WIDE AT EACH ENTRANCE POINT. 
          SO WE HAVE VALID THE CURB CUTS ON THE ROADWAY ITSELF. 
          AND NOW WITH MY, MY, UH, MY CLARIFICATION OF THE INTERPRETATION OF DRIVEWAY WIDTH, UH, WE FEEL WE HAVE PROVED THAT THE WIDTH OF THIS EXHILARATE DRIVEWAY REACHING OUR APPROVED CURB CUT LOCATIONS HAS A WIDTH OF ONLY 14.5 FEET. 
          IT MEETS THE ORDINANCE FOR DRIVEWAY WIDTHS. 
          AND IT'S BEEN REFERRED TO US THAT THAT ORDINANCE MAY, THIS, THIS INTERPRETATION MAY BE INCORPORATED INTO THE, A REVISED ZONING ORDINANCE SOON TO MEET THIS STATEMENT. 
          ARE, ARE, UM, UH, THIS IS, IS A QUESTION FOR YOU. 
          ARE YOU ALLOWED TO HAVE TWO IN THIS ZONING DISTRICT TWO ENTRANCES? SO THERE'S, TO YOUR DRIVEWAY LIKE THIS, YOU ARE ALLOWED TO HAVE A MAXIMUM TOTAL CURB CUT OF 20 FEET. 
          IT'S CUMULATIVE. 
          SO, UM, YOU CAN HAVE TWO CURB CUPS. 
          THERE'S NO, THERE'S NO PROHIBITION AGAINST THAT. 
          IF THE DEPARTMENT OF PUBLIC WORKS GRANTS THE, UH, CURB CUT PERMIT, SO THEIRS ARE 10 EACH 10 AND 10 AND 10, THEY COMPLY WITH THE TOTAL CUMULATIVE OF 20, UM, THAT THE DEPARTMENT OF PUBLIC WORKS AS, UM, MR. SCOTT, UH, CORRECTLY RELAYED THAT THEY APPROVED OF. 
          SO WHAT I'VE DONE IS I'VE BASICALLY ELIMINATED, UH, ONE OF THE VARIANCES, WHICH WAS A VARIANCE FOR, UH, THE ADDITIONAL DRIVEWAY WIDTH FROM 30 FEET TO 172 FEET. 
          ACTUALLY, THAT'S COMPLIANT. 
          IT'S ONLY 14 AND A HALF FEET, AND WHICH IS LESS THAN 30. 
          SO WE, WE KIND OF HAVE, HAVE, WITH THE ASSISTANCE OF THE BILLING DEPARTMENT AS WELL, UH, WE'VE SORT OF ELIMINATED THE NEED OF THAT FIRST VARIANCE. 
          SO WHAT NOW WE HAVE A SECOND VARIANCE WOULD BE THE WIDTH OF THE MAIN DRIVEWAY FROM 30 FEET TO 49 FEET. 
          AND THAT'S REFERRING TO THE, AGAIN, A, UH, WIDTH IN FRONT OF THE GR OF THE GARAGE. 
          THAT'S SO, AND WE HAVE A THREE CAR GARAGE WITH A DOOR ON IT THAT'S IN FRONT OF THE GARAGE ITSELF. 
          AND AGAIN, WE'RE MEASURING THAT AS 37.6 FEET IN WIDTH, NOT 49 FEET. 
          'CAUSE AGAIN, WE'RE GOING IN THE DIRECTION 
          [03:40:01]
OF TRAVEL, WHICH IS THE DEFINITION OF THE WIDTH OF THE DRIVEWAY. 
          H HOW, HOW, HOW WAS THE 49 FOOT MEASURE? IF YOU LOOK CAREFULLY AT THE PLAN I SUBMITTED, WE WERE ASKED TO DRAW A LINE FROM THE CORNER OF THE GARAGE PERPENDICULAR TO MEET THE, UH, CURB AT THE OTHER SIDE OF OUR DRIVEWAY. 
          AND THAT ACHIEVED A DISTANCE OF 49 FEET. 
          BUT IN REALITY, UH, THAT DIMENSION IS ACTUALLY A WIDTH OF 37.6 FEET. 
          AGAIN, I'M, I'M JUST RELAYING TO WHAT THE BUILDING DEPARTMENT INTERPRETATIONS WERE AND WHAT OUR REVIEW OF THE CODES WERE OR ARE JUST COMPARING THE, UH, SITE PLAN TO THE PHOTOGRAPH, UM, IN THE SITE PLAN SHOWS THE, THE DRIVEWAY, UM, EQUAL TO THE, UM, SIGN WIDTH OF THE CONCRETE FOUNDATION, WHICH I ASSUME THAT'S THE HOUSE. 
          NOWHERE DOES IT SAY THERE'S A HOUSE ON THIS PLAN? THERE'S A HOUSE ON THAT PLAN, YES. 
          OKAY. 
          BUT NOWHERE DOES IT SAY IT, BUT IT THERE, I I HAVE A SURVEY. 
          I BUILT IT WITH ME. 
          I BROUGHT, I WASN'T SURE IF THIS WAS, UM, A HOUSE OR IF THIS WAS THE, UH, COMMUNITY CENTER FOR A HOUSING COMPLEX. 
          ALL THE HOUSES ALL MENTIONED WAS YES. 
          POOL CABANAS DECKS. 
          THERE WAS NO HOUSE MATERIAL. 
          THERE'S A LOT OF TERRACES. 
          SO I THOUGHT, I ACTUALLY THOUGHT THIS WAS LIKE THE COMMUNITY CENTER AND IT WASN'T A HOUSE. 
          OH, YES. 
          I'M THINKING I, I BA I HAD TO BASE MY APPLICATION ON AN ASBUILT. 
          AND UNFORTUNATELY THE SURVEYOR DIDN'T LABEL BE LABELED AS FOUNDATION AST. 
          SO IS THIS A SINGLE FAMILY HOUSE? YES. 
          EVERY SINGLE HOUSE ON DRAG AWAY IS EXACTLY THE SAME SIZE. 
          BECAUSE THE ARCHITECT WHO WAS HIRED BY THE BUILDER OF THESE HOUSES MADE EVERY HOUSE EXACTLY THE SAME. 
          NO, NO. 
          IT WAS, I, I THINK IT, IT'S DIFFERENT. 
          'CAUSE YOU, YOU CAN LOOK AT IT AND IT COULD LOOK LIKE A COUPLE OF TOWNHOUSES, , I COULDN'T, I LITERALLY COULD NOT FIGURE OUT WHAT THE BUILDING WAS, UH, WHERE IT WAS TOWNHOUSES, A HOUSE, APARTMENTS, WHATEVER. 
          BUT I, WELL, WE, WE HAVE BIGGER PICTURES HERE. 
          BIGGER PICTURE HELP. 
          UM, SO WHAT, THE ONLY QUESTION I HAVE IS, IS THERE OBVIOUSLY IS A FAIRLY STEEP SLOPE IN ALL OF THIS. 
          UH, IT'S, UH, 6% AND WHAT, 6%? YEAH. 
          AND IT GOES FROM, YOU KNOW, LIKE 276, LIKE TWO 90 TO TWO 70, YOU KNOW, IN THIS COURSE OF THIS WHOLE AREA, BIGGER THAN THE OTHER PROPERTY. 
          UM, AND I SEE THAT THERE ARE THESE, ALL THESE OTHER THINGS THAT ARE SUPPOSED TO BE BUILT. 
          YES. 
          UM, DO WE GET ANY PROBLEMS HERE WITH COVERAGE? NO, I ALREADY HAVE PERMITS. 
          I'M GONNA ASK. 
          IT IS R 30, THIS IS BIGGER THAN THE OTHER PROPERTY, THE R 20 THAT WE JUST WENT OVER. 
          OKAY. 
          I'M FULLY COMPLIANT. 
          IN FACT, I HAVE, UH, PERMITS FOR, I'M JUST ASKING BECAUSE IT'S, I, YOU KNOW, THIS WAS VERY UN THIS WAS VERY UNCLEAR. 
          OKAY. 
          THIS IS, YOU KNOW, ONE OF THE FEW TIMES WHERE ALL WE GOT WAS ONE DRAWING. 
          SO I, OKAY. 
          THAT WAS MY BIG WORRY IS THAT COVERAGE AND THE DRAINAGE FOR THIS, UM, DRIVEWAY. 
          I'M, I'M SHOWING THAT HERE. 
          IS THAT GOING INTO THE WETLANDS OR? NO, I'M SHOWING YOU A MAP BEFORE YOU, I, I COULD HAVE SWORN WE GAVE YOU SY THREE, BUT I HAVE IT FOR YOU AS WELL. 
          THIS IS APPROVED BY THE ENGINEERING DEPARTMENTS. 
          UH, AND WE ALSO HAVE ALL THE ZONING PERMITS AND, AND THE, UH, SLOPE PERMITS FOR ALL THIS. 
          AND WHAT WE DO IS WE'RE COLLECTING ALL THE STORM WATER COMING DOWN THE DRIVEWAY AS BEING PICKED UP IN CATCH BASINS. 
          AND WE HAVE ADDITIONAL CATCH BASINS, UH, UH, UH, WORKING THROUGHOUT THE POOL COMPLEX IN THE BACK. 
          AND THAT'S ALL GOING INTO INFILTRATORS, WHICH ARE INSTALLED ALREADY. 
          WE'RE INSTALLING THEM AS WE SPEAK. 
          WE HAVE A PERMIT TO DO THAT. 
          AND SO NOTHING, UH, UH, UH, LEAVES THE SITE. 
          IT GOES INTO AN INFILTRATION SYSTEM AGAIN, WHICH IS OUTSIDE THE WONDERFUL A HUNDRED FOOT ARC FROM THE WETLAND. 
          UH, AND WE'RE FULLY COMPLYING, UH, WITH THE ENGINEERING, UH, FOR THIS. 
          OKAY. 
          SO WE, WE MITIGATED ALL THE DRAINAGE, ET CETERA. 
          AND ONE ITEM TO BRING UP THOUGH IS DRAGO WAY HAS A COMMON, UH, STORMWATER SYSTEM AS WELL BEYOND WHAT YOU SEE HERE. 
          SO ALL THE ROADS AND THE, UH, HOUSE SITES ARE ALSO CONNECTING TO LARGE UNDERGROUND STORMWATER DRAINAGE SYSTEM, WHICH WE'RE GONNA START CONSTRUCTING VERY SOON. 
          SORRY, UH, TO GET BACK TO MY ORIGINAL QUESTION THAT I GOT LOST ON. 
          YEAH. 
          YES. 
          UM, IT SHOWS THAT THE IN FRONT OF THE GARAGE, THE, THE, THE, THE DRIVEWAY IS EQUAL TO THE WIDTH OF THAT GARAGE STRUCTURE. 
          THAT'S CORRECT. 
          ON THE PHOTO, IT LOOKS LIKE IT GOES OUT FURTHER. 
          THAT THAT'S, THERE'S A CAR TO THE SIDE AND ALL THAT. 
          IT JUST LOOKS WIDER THAN THE BUILDING. 
          YEAH. 
          UH, WE ARE IN THE MIDDLE CONSTRUC WHAT'S THERE NOW WE'RE IN THE MIDDLE OF CONSTRUCTION AND THE, WHEN THE PHOTOGRAPH WAS TAKEN, WE WERE BUILDING IT. 
          AND THAT'S AN AERIAL PHOTOGRAPH OF WHAT YOU SEE DURING THE CONSTRUCTION PHASE. 
          THAT, 
          [03:45:01]
THAT'S NOT ARIEL. 
          OH, THAT'S, OH, THE PICTURE IN THE FRONT. 
          YEAH. 
          UH, THAT'S, UM, WE, WE, UH, WE'VE HAD TO CURTAIL EVERYTHING TO THE, UH, WIDTH OF THE BUILDING ITSELF. 
          IT LOOKS LIKE IT GOES OUTSIDE THE WIDTH OF THE BUILDING. 
          IT DOES NOT ON THE PHOTO. 
          IT'S BECAUSE IT'S CURVING THROUGH AN ARC AND THAT DOESN'T LOOK THAT WAY. 
          OKAY. 
          BUT SINCE THAT PICTURE WAS TAKEN, WE'VE DONE, THERE'S, UM, BELGIAN BLOCK CURBING NOW AND EVERYTHING ON IT CAN FIND IT. 
          BUT THAT'S ON THE PICTURE. 
          OKAY. 
          WELL, IT'S, THERE IT IS. 
          AND THERE'S A CAR PARKED NEXT TO THE, TO THE SIDE OF THE BUILDING. 
          TO THE SIDE OF THE BUILDING. 
          UH, IT COULD HAVE BEEN DURING CONSTRUCTION PURPOSES. 
          YEAH, WE'RE NOT, WE'RE NOT PARKING THERE RIGHT NOW. 
          IT'S, IT IS A CONSTRUCTION SITE. 
          BUT ARE YOU PAVING IT? NO, WE'RE NOT. 
          THAT'S THE QUESTION. 
          THE, THE, THE DRIVEWAY HERE DOESN'T, IT LOOKS LIKE THE BELGIAN BLOCK DOES NOT CUT THAT. 
          FOLLOW THE DRAWING. 
          WELL, WHAT YOU SEE BEFORE YOU IS, UH, WHERE THE BELGIAN BLOCK IS, AND WE ARE PAVING THIS. 
          AND I WAS THERE TONIGHT, AND I CAN ATTEST THAT THIS BELGIAN BLOCK ENDS AT THE END OF THE BUILDING ITSELF. 
          OKAY. 
          I DID THE, I DID THE TURNAROUND. 
          I TRIED TO ATTEMPT TO TURN MY SUBARU AROUND AND IT WAS DIFFICULT JUST AS A TEST RUN TO SEE HOW THAT LOOKED. 
          SO, SO, SO WHERE, WHAT'S THE, WHAT'S WHAT'S HAPPENING IN THIS NEIGHBORHOOD IS WE ARE CREATING THIS DROP OFF, UH, FOR THE, UM, FOR THIS PROPOSED HOUSE SITE. 
          BUT I DID A LITTLE MORE RESEARCH. 
          I, I WENT DOWN DRAGO WAY AND THAT CONNECTS INTO WESTCHESTER VIEW LANE. 
          AND IN WESTCHESTER VIEW LANE, I FOUND THAT 43 WESTCHESTER VIEW LANE HAD TWO DRIVEWAYS IN THE FRONT. 
          48 HAD TWO DRIVEWAYS IN THE FRONT. 
          51 HAD TWO DRIVEWAYS IN THE FRONT. 
          56 HAD TWO DRIVEWAYS IN THE FRONT. 
          59 HAD TWO DRIVEWAYS IN THE FRONT. 
          60 HAD TWO DRIVEWAYS IN THE FRONT, AND 66 HAD TWO DRIVEWAYS IN THE FRONT. 
          AND I HAVE PICTURES OF ALL THESE AS WELL SHOWING ALL THESE DRIVEWAYS. 
          AND I'M CURIOUS HOW MANY VARIANCES HAVE BEEN GRANTED FOR DRIVEWAYS ON WESTCHESTER VIEW LANE? THERE HAVE BEEN A FEW, BUT, UM, TO NOTE THE TOWN CODE, THE ZONING CODE UPDATE WILL INCLUDE CHANGES TO PERMIT, UH, CIRCULAR DRIVEWAYS. 
          I HAVE PICTURES. 
          SURE. 
          ALRIGHT. 
          SHE SAID THAT THE UPDATED IS GOING TO PERMIT. 
          ALRIGHT. 
          CIRCULAR DRIVEWAYS. 
          I, I DO NOTICE THE DIFFERENCE BETWEEN THESE OTHER HOUSES AND YOURS. 
          SO ONCE WE'VE, WHAT YOU'RE PROPOSING, THE ONES THAT HAVE THE TWO DRIVEWAYS SEEM TO LIMIT THE, UH, THE CIRCULAR DRIVEWAY TO THE WIDTH OF THE HOUSE. 
          UM, AND IN YOUR PROPOSAL, THE CIRCULAR DRIVEWAY GOES WELL BEYOND THE WIDTH OF THE HOUSE. 
          ACTUALLY, UH, IF YOU COULD LOOK AT THESE PICTURES, THEY'RE, THEY'RE DOING JUST WHAT WE'RE DOING THERE ALONG THE WIDTH OF THE FRONTAGE OF THE LOT. 
          SAY IT AGAIN PLEASE. 
          THE DRIVEWAYS THAT I HAVE BEFORE YOU THAT I TOOK PIC, I BROUGHT FOR THE, UH, OF OTHER, UH, USES, THEIR DRIVEWAYS ARE FALLING. 
          THE WIDTH OF THE, OF THE LOT ITSELF ALONG THE FRONTAGE IS THIS, WILL THIS THE DIMENSIONS OF THIS. 
          I'M CLOSE. 
          WHAT ARE YOU THINKING? IS THIS GONNA BE, UM, SORRY, . 
          WHEN YOU UPDATE THE CODE, WHEN YOU UPDATE THE CODE, WILL THIS COMPLY? THIS WHAT HE'S ASKING WHAT THE APPLICANT IS ASKING FOR THE, THE VARIANCES. 
          IF, IF THE PROPOSED ZONING ORDINANCE CHANGES ARE ADOPTED, YES. 
          UM, IT WOULD BE COMPLIANT. 
          SO WHAT, WHAT THE ZONING CODE IS AS, UM, MR. SCOTT HAD MENTIONED EARLIER, UM, I DO HAVE A LITTLE BIT OF A DISAGREEMENT THAT THE 2 85, UM, 38 B UM, DOES RELATE TO DRIVEWAYS AND OFF STREET PARKING. 
          THE PROHIBITION OF PARKING IS ONE FOOT OFF THE, THE RIGHT OF WAY. 
          EVERYTHING ELSE IN A DRIVEWAY IS CONSIDERED A PARKING AREA. 
          IT'S AN OFF STREET PARKING AREA. 
          SO THE WIDTH OF A DRIVEWAY IS A PARKING AREA. 
          IT'S LIMITED BY 30 FEET. 
          WE'RE TRYING TO ADDRESS THAT, UM, BECAUSE THERE ARE MULTIPLE, AS WAS POINTED OUT IN THIS AREA AND THROUGHOUT THE TOWN, CIRCULAR DRIVEWAYS THAT WILL ALLOW A CIRCULAR DRIVEWAY. 
          AND THE WIDTH WOULD BE DEFINED BY THE WIDTH OF THE ARC. 
          IF IT DOES CONNECT TO ANOTHER DRIVEWAY, THAT DRIVEWAY'S WIDTH WOULD BE TREATED THE SAME WAY AS IT'S WRITTEN IN THE CODE. 
          THE ADDENDUM TO 2 85 38 B WOULD INCLUDE A SECOND SUBSECTION THAT WOULD SPEAK DIRECTLY TO CIRCULAR DRIVEWAYS. 
          AND IF I MIGHT ADD, UH, IT WOULD REFLECT THE FACT THAT THE WIDTH IS MEASURED IN THE DIRECTION OF PERPENDICULAR TO THE DIRECTION OF TRAVEL. 
          IT'S NOT GOING TO ADDRESS HOW, IT'S HOW IT'S MEASURED. 
          IT'S GOING TO ADDRESS THE, THE ARC. 
          OKAY. 
          YEAH. 
          OKAY. 
          SO, SO, UH, AGAIN, MY, MY, MY OVERALL PREMISE IS THAT THE, THE 14 FOOT WIDTH IS CONFORMING AND THERE IS A VARIANCE REQUIREMENT FOR ENTERING INTO THE GARAGE. 
          [03:50:02]
UH, BUT IT'S NOT 49 FEET, IT'S ACTUALLY 37.6 FEET. 
          UH, OKAY. 
          SO WE COULD TAKE THAT 49 AND MAKE IT 37 POINT YES. 
          POINT SIX. 
          YES. 
          OKAY. 
          ALRIGHT. 
          AND WE WOULD AND WE WOULD ELIMINATE THE FIRST VARIANCE, WHICH IS THE 1 72. 
          IT'S NOT APPLICABLE. 
          ANY OTHER QUESTIONS? SO THE FIRST VARIANCE UNDER THE CURRENT ZONING ORDINANCE WOULD STILL BE APPLICABLE AS THE BOARD HAD DONE IN A PREVIOUS VARIANCE. 
          THEY TAPD THAT UNTIL THE ZONING ORDINANCE WAS UPDATED. 
          THE APPLICANTS, I SPOKE TO THEM BEFORE THE HEARING. 
          OKAY. 
          UM, THEY, THEY WOULD LIKE THIS VARIANCE TO MOVE FORWARD BECAUSE THEY WOULD LIKE TO BE ABLE TO PAVE THE DRIVEWAY BEFORE THE WINTER. 
          SO THEY'RE ASKING THE BOARD, AND I DON'T WANNA MISSPEAK, UM, FOR THE MILLINGS, BUT THEY'RE ASKING THE BOARD TO CONSIDER THE VARIANCE, UM, TO, SO THAT THEY'RE ABLE TO PAVE THEIR DRIVEWAY. 
          THEY ONLY NEED ONE, THEY ONLY NEED ONE VARIANCE. 
          THEY NEED THE TWO VARIANCES BASED UNDER THE CURRENT CODE, UNDER THE CURRENT CODE. 
          UM, ONCE THE CODE CHANGES, ONE IS, ONE IS YOU SAID 1 72, RIGHT? WELL, IT'S THE WAY IT WAS BECAUSE THEY'RE MEASURING THE WIDTH FROM THIS POINT. 
          BUT TO THAT POINT, WHICH IS 172 FEET, IT'S ACTUALLY THE LENGTH OF THE DRIVEWAY THEY'RE MEASURING AS WIDTH. 
          OKAY. 
          AND THEN 37.6? YES. 
          OKAY. 
          THIS RAISES THE SAME QUESTION WE HAD EARLIER. 
          SINCE THERE ARE CHANGES TO THE VARIANCE REQUEST, DO WE HAVE TO HAVE THEM RESUBMIT IT? NO, NO, WE CAN JUST, BUT YOU'RE NOT ALLOWED TO ANSWER THAT. 
          OH, SORRY. 
          . 
          I KNOW YOU PREFER NOT TO. 
          WE, WE AGREE. 
          SORRY. 
          I'LL TAKE THAT BACK. 
          WE, WE AGREE. 
          WE'LL, WE'LL MAKE THE ADJUSTMENT. 
          ALRIGHT. 
          YOU'RE LOOKING TIRED. 
          FOOTBALL GAME IS ON. 
          WE'LL, WE'LL MAKE THE ADJUSTMENT. 
          IT'S NOT GONNA BE OVER. 
          WE'RE LEAVING RIGHT NOW. 
          AND JUST A REFERENCE. 
          I HAVE ANOTHER ONE COMING TO COMING TO YOU ACROSS THE STREET, WHICH IS JUST THE SAME EXACT APPLICATION. 
          MARK. 
          IS THAT ONE GONNA HOLD UNTIL THE ZONING CHANGE? I'M GONNA PROBABLY DO THAT, YES. 
          THANK YOU. 
          YOU ARE, YOU'RE A GENTLEMAN. 
          YOU'RE A GENTLEMAN. 
          BECAUSE THIS IS GOING TO REQUIRE CREATIVE WRITING, SO THANK YOU. 
          SO THIS IS ALL NEW CONSTRUCTION? YES. 
          YES. 
          DID THEY FIGURE THIS OUT BEFORE THEY BUILT IT? PARDON ME? YOU DIDN'T SEE IT? NO. 
          WHAT HAPPENED IS, UH, DRAG AWAY IS A LONG TERM SUBDIVISION. 
          I'M TALKING 10 PLUS YEARS, WHICH HAS BEEN STRUGGLING TO BE DEVELOPED. 
          ALL THE TREES WERE TAKEN OUT, THEY DENUDED LOTS. 
          NOT MY CLIENTS, BUT THE DEVELOPER AND THESE HOUSES HAVE BEEN UNDER TCO TYPE ENVIRONMENTS TRYING TO SOLVE A LOT OF THESE PROBLEMS WE'RE TALKING ABOUT TONIGHT. 
          BECAUSE WHAT TOOK PLACE IS IT WAS NOT TO, UH, IT DIDN'T FOLLOW A LOT OF THE CODES THAT YOU HAD AT THE TIME, BUT NOT BY US, BUT BY THE DEVELOPER. 
          SO WE'RE JUST WORKING WITH A CLIENT THAT SORT OF UNWIND THIS. 
          IF I COULD YES. 
          INTEREST TIME, COULD WE DELIBERATE UP HERE? SURE. 
          I THINK THAT MIGHT BE WHAT, WHAT WAS THERE BEFORE NEAR THAT? THAT THAT WAS, IT WAS A, UH, A FORESTED SITE OF, UH, ABOUT 50 ACRES SUBDIVIDED INTO 15 LOTS. 
          YEAH. 
          BUT IT, IT IS 10 YEARS AGO, MAYBE 12 YEARS AGO. 
          YOU CAN SEE THE OLD LOT LINES HERE, BUT THERE'S NO TREES. 
          THE, THE DEVELOPER TOOK ALL THE TREES OUT. 
          YEAH. 
          UH, THEY DENUDED THE SITE. 
          THIS PLOT OF LAND THAT WAS IN BETWEEN A COUPLE NEIGHBORHOODS. 
          OKAY. 
          UH, ANY, UH, QUE ANY MORE QUESTIONS? UH, THE, UH, MILLS ARE HERE. 
          CAN WE ANSWER ANY MORE FROM THEM? NO, WE'RE GOOD. 
          I DON'T THINK SO. 
          NO MORE QUESTIONS. 
          NO MORE QUESTIONS. 
          WELL, THANK YOU VERY MUCH FOR YOUR TIME EVERYONE. 
          THANK YOU. 
          THANK YOU. 
          THANK YOU ALL FOR HELPING OUT. 
          PATIENCE MUCH. 
          REALLY. 
          IT'S ONLY MILES FROM MM-HMM . 
          I KNOW. 
          FAIR ENOUGH. 
          I KNOW. 
          THESE ARE THOSE LITTLE PARCELS THAT WOULD'VE MOMMY BEEN BEHIND A PAPER ROAD IN BETWEEN VARIOUS NEIGHBORHOODS THAT YOU JUST DON'T SEE BECAUSE THERE ELSE GOES ON. 
          COULD WE, COULD WE MOVE FORWARD? YES. 
          WE WENT TAKE A HALF HOUR BREAK. 
          I'M GONNA GO GET SOME PIZZA FROM RICO'S  AND YOU CAN GO BRING BACK SOME ALL TACO BELL. 
          TACO BELL. 
          I DON'T ARE WE OFF TACO BELL FAN? ARE WE OFF? WHAT? I'M REALLY NOT A TACO BELL FAN. 
          YOU'RE NOT ALLOWED TO SAY THAT? NO, NO. 
          I MEAN, JUST PERSONAL CHOICE. 
          I DON'T NEED, ARE WE OFF? NO. 
          YES, WE'RE GOING TO GO 
          [03:55:01]
TO OUR DELIBERATIONS. 
          WE HAVE TO STAY ON THIS. 
          YES. 
          OKAY. 
          ALRIGHT. 
          I'M READY. 
          YAY. 
          NAY. 
          YAY NAY. 
          YAY. 
          LET'S GO. 
          OKAY. 
          ALL RIGHT. 
          TACO BELL. 
          TACO BELL. 
          WELL, I THINK THEY ASKED FOR US TO TALK SO HE CAN ANSWER THE QUESTIONS. 
          QUESTIONS. 
          HOW MUCH, HOW MUCH DO WE HAVE PENDING FOR NOVEMBER? OH, THERE'S A WHOLE LIST OF, THAT'S THANKSGIVING. 
          THERE'S A WHOLE LIST OF POSSIBLE, UH, NEW CASES. 
          I'M GONNA, I'M GONNA BRING FORWARD A CASE I GOT. 
          WANT A HELLA REPORT BEHIND MY HOUSE. 
          THE NEW ELECTRIC. 
          HE HELICOPTERS ARE GREAT. 
          THEY'RE MOVING. 
          FLY AROUND. 
          WE'RE BACK ON. 
          WE'RE HERE. 
          NO, WE'RE GONNA STAY RIGHT HERE. 
          JUST, JUST OUTTA SPEEDING OF TIME. 
          YOU THEN WE HAVE TWO MORE HANGING IN THE WIND AGAIN. 
          OKAY. 
          LET'S, YEAH. 
          CONCISE. 
          NO, I'M TRYING TO DO THAT BECAUSE I'M LOOKING AT WHAT WE HAVE FOR NOVEMBER ALREADY. 
          IT'S FIVE AND WE'VE GOT THREE MORE PENDING AS WE ARE SITTING HERE. 
          SO THEY, THEY ASKED TO ADJOURN 'CAUSE WE DIDN'T GIVE THEM TIME TO RESPOND. 
          I THINK WE NEED TO LET THEM ADJOURN. 
          WE'LL JUST HAVE TO FIGURE OUT WHAT THE SCHEDULE IS. 
          MAYBE IT'LL HAVE TO BE DECEMBER. 
          IT MAY HAVE TO BE DECEMBER. 
          YEAH. 
          WHAT WAS THE RESPONSE TO I DIDN'T, I DON'T FEEL LIKE THERE WAS ANYTHING HE, POTENTIAL, THESE ARE THE POTENTIAL NEW CASES THAT ARE, THAT ARE THAT THEY CAN'T MOVE ONE OF THESE. 
          RIGHT. 
          THESE AND THESE, THESE ARE ARE ALREADY ADJOURNED TO NOVEMBER, BUT I DON'T KNOW WHAT THEY ARE, SO I CAN'T, YOU KNOW, MOVE TO JANUARY. 
          HE WANTS MOVE TO JANUARY. 
          NO. 
          WHAT TO JANUARY. 
          YOU MEAN TACO BELL? TACO BELL MOVE TO JANUARY. 
          OH GOD. 
          THEY ASKED HER TO BE MOVED. 
          WE'RE BUSY UP UNTIL JANUARY. 
          WE CAN'T, WE CAN'T, YOU KNOW, MAKE EVERYBODY ELSE WAIT BECAUSE TACO, BECAUSE THE LAWYERS FOR TACO BELL. 
          SO WHY CAN'T WE DO IT IN DECEMBER? BECAUSE WE CAN'T, THERE ARE PEOPLE ONLINE. 
          EXAGGERATE. 
          I'M, I'M FOR DECEMBER. 
          I DON'T SEE WHY I, I ALREADY WROTE DECEMBER ON MY PAPER, SO YOU JUST GOTTA TELL ME. 
          SHE SAID DECEMBER. 
          WE'RE NOT GONNA DO TACO BELL IN NOVEMBER IS WHAT WE'RE SAYING. 
          YOU ADJOURN IT TO DECEMBER. 
          WE'RE GONNA GIVE THEM, WE'RE GONNA GIVE THEM A GOOD, YOU KNOW, . 
          I WILL JUST SAY THAT, UM, ON THIS PARTICULAR CASE, WITH THE HOURS OF OPERATION AND THE NO, AND HAVING A LEFT TURN, I WOULD NOT BE VOTING YES ON THIS AS IT STANDS RIGHT NOW. 
          NOR WOULD I, I JUST WANT TO SAY THAT FRONT. 
          BUT, BUT THE QUESTION, AND THAT'S WHY I ASKED THAT QUESTION THAT WAY. 
          IS THAT BECAUSE IT'S A DRIVE THROUGH OR BECAUSE IT'S A RESTAURANT? I WOULD BE WILLING BECAUSE EVEN IF IT, IF YOU'RE PARKING, YOU STILL THERE. 
          IF THERE'S 10 CARS ON THE PARKING, I WOULD EITHER WAY THEY GOT SO YOU WOULD SAY NO. 
          I WOULD SAY NO. 
          BASED ON THE FACT THAT, THAT YES, IT'S, IT IS. 
          YOU COULD WAIT, LIKE AS THEY WERE SAYING THE NEIGHBORS, YOU COULD WAIT 15 MINUTES FOR NO, I CAN, I JUST, I THINK WHAT YOU CAN DO IS SAY YOU CAN HAVE TACO BELL JUST STAY WITHIN THE ZONING HALL. 
          YEAH. 
          BUT AGAIN, IF IT'S, WE'RE NOT SAYING BUT WE'RE TALKING TRAFFIC, YOU CAN'T MIX IT. 
          YOU CAN'T. 
          THAT'S WHAT I'M TRYING, THAT'S WHY I WAS TRYING TO STREAMLINE IT. 
          IF WE'RE TALKING ABOUT TRAFFIC, WHAT YOU'RE SAYING IS ANY VEHICLES THAT EXIT THAT PROPERTY IS CREATING A HAZARD IF THEY TURN LEFT OR PEOPLE, IF THEY TURN RIGHT, IF THEY NOT, IF IT'S A RIGHT TURN ONLY. 
          RIGHT. 
          BUT, BUT THAT HAS NOTHING TO DO WITH WHETHER IT'S A DRIVE-THROUGH OR NOT. 
          'CAUSE A DRIVE THROUGH, YOU CAN SAY RIGHT. 
          TURN ONLY. 
          YEAH. 
          YOU UNDERSTAND WHAT I'M SAYING? THAT'S WHY YOU CAN'T ARGUE IT THAT WAY. 
          HOW DO YOU WRITE THAT UP TO SAY THAT IF IT'S A DRIVE THROUGH, IT HAS TO BE A RIGHT HAND ONLY. 
          BUT IF IT'S A REGULAR RESTAURANT, THEY CAN MAKE A LEFT HAND TURN. 
          NO, WE DON'T GET INTO THAT. 
          WE'RE NOT, OUR JOB IS TO SAY SO WE DON'T GIVE. 
          SO THEN THAT'S WHY WE CAN'T SIDEWALKS. 
          SO DON'T, SO MY POINT IS, IS THAT IF WE'RE SAYING THAT IT'S A CONTENTION OF DANGER, THAT ARGUMENT FALLS THROUGH. 
          IF IT'S A STATIC RESTAURANT, THAT'S NOT A DRIVE THROUGH. 
          AGAIN, WHEN WE SET THESE THINGS IN TALKING ABOUT OUR PRECEDENTS AND HOW WE'RE GONNA GO FORWARD, IT HAS TO BE A LOGICAL THOUGHT AND THE THOUGHT HAS TO BE CONTIGUOUS, WHETHER IT'S A DRIVE THROUGH OR NOT A DRIVE THROUGH. 
          SO ANY RESTAURANT OR ANY ESTABLISHMENT THAT'S ON THAT PROPERTY, WE ARE SAYING SHOULD ONLY MAKE A RIGHT HAND TURN. 
          BUT WE DON'T, WE DON'T SAY WHETHER IT'S A DRIVE THROUGH OR NOT. 
          NO, BUT WE'RE ONLY SAYING, BUT WE'RE SAYING BECAUSE IT'S DANGEROUS. 
          WE'RE, WE'RE ONLY SAYING CAN THEY HAVE SETBACKS. 
          AND WE TALKED ABOUT THE LAYOUT. 
          I THINK YOU'RE TRYING TO SAY THAT YOU'RE MAKING THE DECISION, BUT NOT ON, ON THE FACTS THAT ARE BEFORE US. 
          IN OTHER WORDS, RIGHT. 
          [04:00:01]
IF WE ARE ONLY SAYING THAT WE THINK THAT THE TRAFFIC PROBLEM IS A PROBLEM, WE CAN'T SAY THAT BECAUSE THAT'S NOT OUR JOB. 
          RIGHT. 
          UH, SO WE HAVE TO HAVE A REASON THAT WE DON'T LIKE IT BASED ON WHAT'S BEFORE US. 
          THAT'S, THAT'S THE QUESTION. 
          SO THE QUESTION IS HERE IS, OKAY, THEY AGREE THERE'S NO LEFT TURN IN, THERE'S NO LEFT TURNOUT. 
          I REMEMBER WHEN IT WAS DUNKING DONUTS, THERE WAS NO LEFT TURN IN THE SIGN WAS THERE. 
          THIS IS A KNOWN PROBLEM, LOCATION. 
          BUT WE HAVE TO MAKE THE DECISION BASED ON THE VARIANCES THAT THEY'RE ASKING FOR, WHICH HAVE TO DO WITH NOISE AND SPACE USE AND CORRECT SETBACKS NOT DRIVE THROUGH. 
          NOT, NOT THE, NOT THE TURN. 
          RIGHT. 
          SO WE CAN DISCUSS THAT TODAY OR WE CAN PUT THAT TO SOME OTHER TIME TO DISCUSS AND, AND THEN LOOK AND THE OTHER PART TO THE PROBLEM IS, WHICH IS HEARTFELT. 
          YOU ARE LIVING NEXT TO SOMETHING THAT HAS THE POTENTIAL TO BE WHATEVER. 
          WE HAD THE SAME ISSUES YEARS AGO. 
          EVE WOULD REMEMBER THIS WITH THE, THE PET CEMETERY WHEN THEY WANTED TO CHANGE THINGS OVER. 
          I MEAN, PEOPLE ARE LIVING RIGHT NEXT TO IT. 
          RIGHT ON THE ROAD BEHIND IT, WHICH I HAVE FAMILY MEMBERS THAT LIVE ON THE ROAD BEHIND IT. 
          REMEMBER THE, IT MEANING THE PET CEMETERY BEHIND RIGHT ON THE SAME ROAD OF THE PET CEMETERY. 
          REMEMBER THE HOUSE THAT NOW, WHICH THEY STILL HAVE NEVER DEVELOPED YET, THAT WE DID APPROVE FOR THEM TO CUT DOWN THESE TREES AND TO REDEVELOP BACK THERE AND THE NEIGHBORS CAME IN. 
          OH, THE TRAFFIC IN THE MORNING AND THE BUSES. 
          I LISTENED TO ME HEARTFELT. 
          OUR ROADS AND OUR INFRASTRUCTURE WERE NOT DEVELOPED WITH THE AMOUNT OF TRAFFIC THAT ON ANY OF THESE ROADS. 
          IF YOU GO DOWN DOBBS PRAIRIE ROAD, I HAVE A PROBLEM WITH IT. 
          YOU HAVE A MILLION PEOPLE PARKING ON THAT ROADWAY. 
          I DON'T EVEN KNOW HOW THE, THE, THE, THE, THE SNOW TRUCKS GET THROUGH WITHOUT RIPPING OFF HALF OF THE, UM, MIRRORS ON THOSE CARS. 
          BUT IT'S THE UNFORTUNATE NATURE THAT THIS IS WHERE WE ARE RIGHT NOW. 
          BUT THIS IS, BUT THESE WERE THE SAME QUESTIONS THAT WE RAISED WITH CHICK-FIL-A, WHICH WAS HOURS OF OPERATION AND TRAFFIC. 
          BUT THAT'S OKAY. 
          SO THAT'S A DIFFERENT ARGUMENT. 
          AND I HAD A PROBLEM WITH THAT TOO. 
          I DON'T KNOW IF I'D WANNA LIVE NEXT DOOR TO SOMETHING THAT'S GONNA BE UP TO FOUR IN THE MORNING. 
          PERSONALLY, THAT'S A PERSONAL OPINION. 
          I DON'T KNOW IF I'D WANNA LIVE NEXT TO THAT. 
          A A QUESTION I WANTED TO ASK MR. PATEL AND DIDN'T GET TO IS IF THEY COULD FLIP THE, THE PLAN AND MOVE THE DRIVE THROUGH FURTHER AWAY. 
          WE DID. 
          WE WE DID ASK THEM. 
          THEY SAID, COULD NOT DO THAT. 
          THE ANSWER THEY GAVE YOU WAS WRONG. 
          IT, IT WAS A HARDSHIP TO DO THAT. 
          AND THEY COULD HAVE JUST MOVED IT. 
          THEY DIDN'T HAVE TO FLIP IT. 
          THEY JUST HAD TO MOVE IT AND PUT THE, HAD SOMETHING TO DO WITH WELL THEY, THE ACCESS, THEY WANT TO USE THE FULL WIDTH, BUT THEY COULD OBVIOUSLY, OH, IT WAS 'CAUSE YOU, WHEN YOU PULL UP TO A DRIVE THROUGH, YOU NEED TO BE OH, THE SIDE, THE CAR. 
          CORRECT. 
          AND THEY WERE TRYING TO DO A DOUBLE COLLECTOR LANE SIMILAR TO CHICK-FIL-A. 
          WE DID ASK A QUESTION. 
          I, AND AGAIN, I DROVE IT LITERALLY LAST WEEK. 
          I WENT RIGHT AROUND, UM, BAY CAM WHATEVER THE PLACE, HONEY BAY CAM, YOU KNOW, AND JUST PHYSICALLY LOOKING AT IT, I'M LIKE, JESUS. 
          BUT THE UNFORTUNATE PART IS YOU JESUS. 
          WHAT IT, IT IS CLOSE. 
          IT'S VERY SMALL. 
          IT'S CLOSE. 
          YOU MISSED MY ANALOGY. 
          THIS, THEY'RE TRYING TO PUT A SIZE NINE FOOT IN A SIZE FIVE SHOE. 
          BUT THEN IT'S, IT'S, IT DOESN'T FIT. 
          BUT THE OTHER PART TO IT IS, AND THIS THIS IS WHAT WE DISCUSSED LAST TIME AS A RIGHT OF AN OPERATION, THEY CAN NOT, WELL NOT IF WE DON'T, WE, AND THAT'S WHAT I'M SAYING, THEY CAN HAVE IT SO WE DON'T HAVE TO GIVE THEM THE VARIANCE. 
          SO FOR JACK, WE MOVING THE BACK. 
          SO THAT'S WHY I ASKED THE QUESTION. 
          WE DON'T HAVE TO GIVE THE VARIANCE FROM, IF IT'S, IF IT'S A WALK-IN VERSUS A DRIVE THROUGH THE WALK-IN HAS MORE PARKING REQUIREMENTS THAN THE DRIVE THROUGH WOULD BE REQUIRED. 
          SO EITHER ONE WAY OR ANOTHER, LET'S SAY THEY SAID, OKAY, WELL WE DON'T WANT THE DRIVE THROUGH. 
          REMEMBER WE WENT THROUGH THE SAME THING WITH ERNESTO. 
          IT WAS THE SAME THING UNTIL HE WENT AND BOUGHT THE PROPERTY FROM THE STATE TO ACTUALLY MAKE THE DAMN THING WORK. 
          SO WE WERE AGAINST THEM HAVING A DRIVE THROUGH. 
          THE NEIGHBORS CAME IN AND WE HAD A PARADE FOR MONTHS JUSTIFICATION TO TELL THEM HOW TO DO THEIR OPERATION. 
          AND AGAIN, ON THE LAND, AND AGAIN, WE'RE GETTING INTO THEIR FINANCES. 
          THAT'S, THEY'RE A BUSINESS. 
          LET THEM RUN THEIR BUSINESS THE WAY THEY THINK THEY NEED TO RUN IT. 
          THEY COULD CHARGE $10 FOR A CHEW BOOK. 
          I'M, I'M NOT GONNA GET INVOLVED WITH THAT. 
          THE RESTAURANT CLOSES AT 10 AFTER THAT. 
          IT'S JUST A DRIVE THROUGH AND UNTIL THREE O'CLOCK IN THE MORNING. 
          RIGHT. 
          IT SHOULD HAVE BEEN THE OPPOSITE. 
          IT SHOULD HAVE BEEN THE OPPOSITE. 
          CLOSE THE DRIVE THROUGH AND HAVE THE INSIDE. 
          RIGHT. 
          THEN IT WOULD'VE WORKED. 
          BUT THEN IF, BUT THEN AGAIN. 
          RIGHT. 
          AND IF THEY DO CHANGE THEIR MODEL, AND THIS IS WHAT I SAID THE MEETING BEFORE, AND YOU HAVE KIDS HANGING OUT PLAYING MUSIC ALL HOURS OF THE NIGHT. 
          I, LIKE I SAID, I, SO WHAT IS IT YOU WANT TO SAY? I, WHAT I'M SAYING IS I THINK WE'RE IN A VERY TIGHT BOX AFTER HAVING HAD OUR CONVERSATIONS AFTER THE LAST MEETING AS TO WHAT WE'RE SAYING THIS CAN OR CANNOT BE BECAUSE IT 
          [04:05:01]
IS ZONED TO BE WHAT IT IS. 
          WELL, IT, BUT WE HAVE MANY THINGS BEFORE US THAT ARE ASKING FOR US TO, TO GIVE VARIANCES TO. 
          SO THE, THE THE SETBACK AND UH, THE, THE, THE FRONTAGE AND THE FACT IS THAT THEY'RE ASKING FOR MANY THINGS THAT ON THEIR FACE ARE PROBLEMATIC. 
          IN OTHER WORDS, WHEN YOU'RE NEXT TO A RESIDENTIAL DEVELOPMENT, WHICH THEY ARE ASKING TO HAVE VIRTUALLY ZERO SETBACK FROM THAT DEVELOPMENT IS A PROBLEM. 
          SO IF THERE WAS NOTHING ELSE BEFORE US, THERE'S AN ISSUE THERE. 
          THERE ARE ISSUES IN E EGRESS AND GETTING IN, GETTING OUT, FORGETTING WHETHER YOU TURN OR NOT. 
          SO I THINK THAT WE ARE SAFEST CONCENTRATING ON THOSE ISSUES, THE ISSUES THAT ARE JUST BEFORE US AND, AND NOT TALKING. 
          WELL, I I HAVE ONE COMMENT. 
          YES. 
          AND THAT IS THE ZERO SETBACK NEXT TO THE, UM, HARTSDALE GUARD. 
          GUARD. 
          MM-HMM . 
          YEAH. 
          APARTMENT BUILDING OR YES, THERE'S A WHOLE BIG PARKING LOT. 
          IT WON'T, IT WON'T BETWEEN, IT WON'T STOP THE NOISE FROM GOING DIRECTLY UP TO THE APARTMENTS THAT ARE RIGHT OVER IT. 
          AND THERE ARE A LOT OF APARTMENTS RIGHT OVER IT. 
          AND UM, I WOULD HAVE TO SAY ANOTHER COMMENT YES. 
          IS THAT THERE'S NOT THAT MUCH NOISE YEAH. 
          PRODUCED FROM A DRIVE-THROUGH. 
          YEAH. 
          HAVE YOU GONE THROUGH A DRIVE THROUGH, YOU KNOW, I'VE BEEN TO A MODERN DRIVE THROUGH, BUT THE OLD DRIVE THROUGH IS YOU'D HEAR THE SPEAKERS AND YOU'D, YOU'D HEAR THE CARS AND YOU'D HEAR A SIGNIFICANT AMOUNT OF NOISE. 
          I DON'T KNOW, ACT ACTUALLY THE TALK, THE ORDERING THING FACES THE APARTMENT BUILDING. 
          UM, AND WHAT DID THEY SAY THEY WERE GOING TO DO WITH THAT ORDERING D HICKEY, RIGHT? THEY, IT'S GOING BE THE STATE OF THE ALWAYS ATTENUATION STAY FENCE, BUT IT'S ONLY SIX FEET HIGH. 
          THEY SAID, WELL WHAT IF THEY, WHAT IF THEY PLACED THAT SOUND MODULATE, BUT WHAT IF THEY PUT IT BEHIND THE BUILDING? MAYBE YOU ORDER BEHIND LIKE, LIKE BURGER KING. 
          YOU ORDER BEHIND THE BUILDING, YOU DON'T ACTUALLY ORDER AT THE WINDOW. 
          OH NO. 
          IT'S IT'S ON THE DRAWING RIGHT. 
          WHERE THE ORDERING THING IS. 
          BUT AGAIN, THE, I'M NOT IN DISAGREEMENT WITH WHAT YOU'RE SAYING. 
          I'M JUST SAYING JUST BASED ON WHAT OUR CONVERSATIONS WERE LAST MEETING, WE HAVE TO MAKE SURE THAT THIS IS DRAWN UP IN A WAY THAT CAN SUPPORT YOU SAYING THAT THIS DOES NOT HAVE THIS USE BECAUSE THEY COULD CHANGE THE USE. 
          AND WHAT IF THEY SAY WE WANNA SKATE PARK NOW, YOU KNOW, WE, THERE'S A SOMETHING THAT NO ONE'S BROUGHT UP AND THAT IS HOW THIS USE OF THIS PROPERTY IS SO OUT OF CHARACTER WITH THAT STRIP OF CENTRAL AVENUE. 
          RIGHT. 
          IF YOU GO FROM THE FOUR CORNERS ALL THE WAY UP TO, TO TO TO, UH, HARVARD AND YOU HAVE, YOU HAVE THE UH, A FEW APARTMENT, I MEAN A FEW OFFICE BUILDINGS. 
          YOU HAVE THE VERIZON STORE, WHICH HAS ALL THE SETBACKS AND PARKING THAT YOU WANT. 
          YOU DO NOT HAVE A SINGLE PIECE OF PROPERTY THERE THAT'S BEING USED TO ITS MAX. 
          YOU HAVE THE CEMETERY, YOU HAVE THIS APARTMENT HOUSE. 
          UH, SO THE POINT IS, IS THAT THE, IF ACROSS THE STREET IT'S THE SAME THING ACROSS THE STREET YOU HAVE WEB PARK, YOU HAVE, YOU HAVE HOUSES, YOU HAVE A CHURCH, YOU HAVE, UH, STORES IN, IN A ROW. 
          NOBODY IS BUSINESS MAXING OUT THEIR PROPERTY TO USE EVERY INCH OF IT. 
          AND THERE ARE ALSO NO FAST FOOD RESTAURANTS OR NO CHAIN RESTAURANT? NO CHAIN STORES. 
          WELL, IT'S NOT 24 HOURS. 
          THEY'VE GOT A DUNK IN DONUTS, BUT IT'S NOT A 24 HOUR DUNK THAT'S NOT IN THAT SECTION THAT WE'RE TALKING ABOUT. 
          WHAT'S THE NAME OF THAT HOUSE? WELL, I'M JUST SAYING THIS IS OUT OF CHARACTER WITH THAT PART. 
          I THINK YOU'RE CORRECT. 
          I ABSOLUTELY, YEAH. 
          OKAY. 
          WELL WHAT ABOUT IHOP ACROSS THE STREET AND ON THE, WELL IHOPS ON THE OTHER SIDE. 
          YEAH, I KNOW, BUT, AND THE, I WOULD ARGUE THE OTHER SIDE USED DIFFERENTLY. 
          I MEAN, I LIVED AT THE FOUR CORNERS FOR A VERY LONG TIME. 
          I COULD SEE THIS BUILDING OUT MY WINDOW. 
          AND I'M JUST SAYING THAT THE CHARACTER OF, OF CENTRAL AVENUE IN HARTSDALE NORTH S IS SIGNIFICANTLY DIFFERENT THAN THE CHARACTER OF IT IS SOUTH OF THE FOUR CORNERS. 
          THE PERFECT PLACE FOR THIS, AS FAR AS I'M CONCERNED, IS WHEN YOU GET UP FROM TRADE TRADER JOE'S UP TO THE CHRISTMAS TREE STORE, THAT'S NO LONGER THERE. 
          THAT SECTION, THAT'S WHERE THEY HAVE SHAKE SHACK. 
          THAT'S WHERE THEY HAVE, THAT'S WHERE THEY HAVE MANY DIFFERENT CHAIN OPERATIONS THAT WOULD FIT RIGHT IN HERE. 
          AND I LIKE SHAKE SHACK WHO, WHO SAYS, I DON'T LIKE SHAKE SHACK . 
          SO WHY DON'T WE DO THAT? WELL, WE DON'T GET TO CHOOSE WHERE THEY GO. 
          . 
          NO, WE CAN SAY THE CHARACTER. 
          OKAY. 
          I, I THINK I'M, I'M BEING, I'M FORGETTING EVERYTHING ELSE THAT YOU SAID. 
          WHAT I JUST SAID, I BELIEVE VERY FERVENTLY. 
          IT HAS NOTHING TO DO WITH TURNING OR ANYTHING ELSE. 
          NO. 
          DO YOU, DO YOU FEEL THAT THE CHARACTER WOULD BE EQUALLY IMPACTED IF WE JUST ELIMINATED THE AREA? THE VARI, THE VARIANCES. 
          BUT IF WE ELIMINATE THE VARIANCES, THERE'S NO ROOM FOR A DRIVE THROUGH. 
          IF WE ELIMINATE THE VARIANCES, WE END UP WITH SOMETHING AS SMALL AS WHAT'S THERE. 
          IN OTHER WORDS, AND THAT'S FINE. 
          AND THAT'S FINE. 
          [04:10:01]
OKAY. 
          WELL SMALLER THAN WHAT'S THERE. 
          OKAY. 
          SMALLER. 
          SOMEBODY COULD JUST TAKE OVER THAT BUILDING AND USE THAT BUILDING. 
          RIGHT. 
          WELL, THE SUBWAY DOESN'T SEEM TO HAVE ANY IMPACT AT ALL ON THE SUBWAY. 
          AT ALL. 
          THE SUBWAY IS, IS USING A SMALL PORTION OF THAT LOT AND THEY DON'T SEEM TO CREATE ANY PROBLEMS AT ALL. 
          I DON'T HAVE PROBLEM WITH THAT JUSTIFICATION. 
          OKAY. 
          DOES ANYBODY ELSE, I'M SORRY, WHAT? I THINK IT'S JUSTIFICATION. 
          I I STILL THINK THAT BASED ON THE CONVERSATION WE HAVE TO ADJOURN IT. 
          WELL, WE ARE ADURING, WE ARE ADJOURN. 
          ADJOURN. 
          SO, BUT WE STILL NEED TO DELIBERATE SO THAT WE KNOW WHAT, WHAT DIRECTION WE'RE GOING BECAUSE UM, MY, MY FEELING IS THAT WHEN I WENT THERE TODAY TO THIS WAS A HONEY BAKED HAM, HONEY BAKED HAM. 
          THOSE ARE GOOD TAMS TOO. 
          IS IT? OH YES. 
          THEY HAVE GOOD SIDES. 
          MAYBE WE CAN KEEP THEM THERE. 
          I DON'T THINK SHE'S, WHY THEY RUNNING? WHY ARE THEY SO WHERE WERE AUR. 
          OKAY. 
          UM, WHEN I LOOKED AT HONEY BANK CAB AND THAT LOT, UM, ANYTHING WOULD BE BETTER THAN WHAT'S THERE. 
          WE WERE HAVING TROUBLE HEARING ANYTHING IN THE BACK OF IT. 
          AND IT'S A MESS. 
          WELL, THAT'S MY POINT, LEWIS. 
          WE CAN'T HEAR. 
          WE CAN'T HEAR YOU. 
          HE SAID HE DROVE AROUND THE PROPERTY AND THE BACK OF IT WAS A MESS AND THE FRONT, BUT I AND THE FRONT, THAT'S ALL I DID. 
          SO ANYTHING THERE WOULD BE BETTER THAN WHAT'S THERE? IT'S NOT VERY WELL MAINTAINED RIGHT NOW. 
          OKAY. 
          OKAY. 
          NEXT THE OF DECEMBER, WHAT'S THE DATE IN DECEMBER THE 11TH. 
          I'M JUST SITTING ON NOVEMBER. 
          OH MY GOD. 
          I'M I'M GONNA GO, I'M GONNA BE ON VACATION. 
          I'M SKIPPING THAT MEETING. 
           18. 
          I ACTUALLY HAVE TICKETS 18 TO SHOW AT. 
          OH, THAT'S GREAT. 
          THAT'S, UM, JUST BEFORE CHRISTMAS TEA. 
          YEAH. 
          THAT'S SAD. 
          NO, I'M SEE WHO'S GONNA BE HERE. 
          BUT THAT, BUT THAT WOULD BE NICE. 
          PEOPLE DON'T SHOW UP. 
          YEAH. 
          I HAVE 7.8 WEEKS OF VACATION TIME I NEED TO USE BETWEEN NOW AND END OF A YEAR. 
          IT DID TO MOVE ON. 
          YES, WE CAN. 
          I CAN'T PROMISE THAT ONE. 
          I THINK WE SHOULD DO THAT. 
          SURE. 
          SOUNDS TO ME LIKE YOU WANNA MAKE IT TO NOVEMBER. 
          YOU GONNA BE ANOTHER ONE OF THESE NIGHTS? I FOUR, SO NO, I'M NOT AGAINST IT. 
          I'M JUST SAYING WHATEVER THE JUSTIFICATION IS, WE HAVE TO BE ABLE TO SUPPORT THIS. 
          I THOUGHT IT WAS EARLIER IN THE MONTH THAT WE'VE BEEN DOING IT BECAUSE IT THE 18TH ISN'T IT? YEAH. 
          BUT THAT THE PROPERTY IS ZONED WEDNESDAY, NOVEMBER COT ENTITY. 
          NOW WHAT THAT IS COULD BE THIS, I WOULD PUT STARTING IS GONNA BE HERE ON JET LAG ON, ON THE 18TH OF DECEMBER. 
          I HAVE NO IDEA. 
          I DON'T PLAN NOT TO BE HERE. 
          THAT'S, I HAVE TO CHECK THE COUNT. 
          WELL, I DIDN'T PLAN OUT TO BE THE LAST TIME EITHER, SO. 
          WELL, WE NEED TO FIGURE THAT OUT. 
          FIGURE WHAT OUT BEFORE WE, WELL, IS IT GONNA BE DECEMBER OR IS IT GONNA BE NOVEMBER? I'LL LEAVE IT DECEMBER. 
          IT'S GONNA BE DECEMBER 18. 
          IT'S NOVEMBER 20TH. 
          WELL, THAT'S GONNA BE JUST BEFORE THANKSGIVING, SO IT DOESN'T MATTER FOR TWO HOLIDAYS ANYWAY. 
          YEAH. 
          THIS IS THE WORST TIME. 
          NO, THE 20TH IS OKAY, BECAUSE IT'S NOT UNTIL THE 27TH THIS YEAR. 
          THANKSGIVING. 
          YEAH, THANKSGIVING IS THE NEXT WEEK. 
          OKAY. 
          SO THAT'S WHAT I'M SAYING IN DECEMBER, CHRISTMAS IS THE NEXT WEEK. 
          IF YOU WANNA SPEND SOME MORE TIME LIKE WE DID TONIGHT, WE CAN KNOCK OUT A LOT OF CASES. 
          WE ALREADY HAVE FIVE FOR NOVEMBER, JUST ON HOLDOVERS. 
          ALL RIGHT. 
          DECEMBER. 
          DECEMBER. 
          OKAY. 
          ALL RIGHT. 
          WELL, OBVIOUSLY WE HAVE TO START MEETING TWICE A MONTH. 
          WHOA. 
          HEY, HEY, HEY, HEY, HEY. 
          NO, I USED TO BE ON THE PLANNING BOARD. 
          THAT WAS TWICE A MONTH. 
          HEY, SEE YOU GUYS. 
          IT'S 19. 
          I'D SAY IT'S 19. 
          THE GARAGE. 
          OH YEAH. 
          OH YEAH. 
          I'M FINE WITH THAT. 
          YEAH, I'M OKAY WITH THAT TOO. 
          YOU OKAY WITH THAT ONE TOO? YES. 
          NOBODY CARES WHAT? EVERYBODY'S OKAY WITH MILLI MILLIGAN LANE? YEAH, EVERYBODY. 
          OH, I'M OKAY FOR IT. 
          YEAH. 
          IT JUST SAID THEY NEEDED A USE VARIANCE AND NOW THEY JUST CAME BACK AND SAID THEY DON'T NEED A NICE VARIANCE. 
          OTHER THAN THAT, THEY THOUGHT THEY WERE LIKE, SOMEONE WAS GONNA MOVE THERE. 
          NOTHING. 
          OH, OKAY. 
          IT WAS UNCLEAR AND WE LOST POWER AND WE COULDN'T ALL SO , I'M GONNA, AND NEXT WE HAVE THAT ONE CAST. 
          YEAH. 
          MM-HMM . 
          OKAY. 
          [04:15:03]
YOU OKAY WITH 19? WE'RE GONNA HAVE TO, WE'RE GONNA HAVE TO, WE'RE TO DO SOMETHING WITH THIS, THIS ONE TOO. 
          THIS IS THE, UH, YEAH. 
          OKAY. 
          CALL THE HOUSE ONE. 
          OH, THIS IS THE HOT DOG GUY. 
          YEAH. 
          WHO'S DOING 19? YOU'RE DOING IT. 
          YOU SURE? I'LL DO IT? OH, NO, I THOUGHT YOU SAID I'LL DO IT. 
          IT'S FINE. 
          I'LL DO IT. 
          OKAY. 
          THE NEXT ONE IS, ALL RIGHT. 
          THE FOOD TRUCKS, THE TRUCKS, THE, THE ONLY THING I'LL I'LL SAY IS EVEN WITH CHICK-FIL-A, UM, AND EVEN WITH, UM, FAIL, I'VE NEVER SEEN ANYONE COME IN AND SAY, THE BUILDING INSPECTOR WAS WRONG ON EVERYTHING. 
          , THE INK WAS WRONG. 
          I DON'T UNDERSTAND. 
          THE INK WAS WRONG. 
          THE PAPER SHOULD HAVE BEEN EIGHT BY 11. 
          I I'VE NEVER HEARD THAT BEFORE. 
          I COULD, AND IF YOU OWN PART OF IT, AND I THINK HE WAS ATTEMPTING TO, AND HE'S 82, SO I'M GIVING HIM THE, THE LATITUDE THAT, LOOK, I DID SOME THINGS AND I PROBABLY SHOULDN'T HAVE DONE THIS. 
          I SHOULDN'T HAVE DONE THAT. 
          BUT IT IS, TO ME, A DRASTIC CHANGE AND SHIFT TO A DEGREE FROM WHAT IT HAD BEEN AND THE HEGEMONY OF THE TOWN TO PLACE CERTAIN RESTRICTIONS ON SET ENTITIES, WHETHER IT'S A TRUCK OR NOT, IT'S A STRUCTURE. 
          AND I, I, I WOULD UPHOLD THE BUILDING INSPECTOR ON THIS ONE. 
          I TOTALLY AGREE. 
          RIGHT. 
          I, I PASSED THIS EVERY, EVERY TIME. 
          YOU KNOW, LOTS OF TIMES IT, THAT IS NOT JUST, THEY MAY HAVE USED THE, FOUND A CHEAP WAY TO BUILD A FENCE, BUT THEY BUILT A FENCE. 
          RIGHT. 
          AND, UM, AND IT'S LOCKED, LOCKED INTO THE GROUND. 
          IT IS WAY BIGGER THAN IT EVER WAS. 
          RIGHT. 
          IT'S GOT THE LIGHTS, IT'S GOT THE SIGNS, IT'S GOT THE TRUCK, IT'S GOT THE TABLES. 
          IT'S, IT WAS NEVER, I, I'VE BEEN NOTICING THIS YEAR, LIKE EVERYBODY IN AROUND ME WAS SAYING, HAVE YOU SEEN WHAT'S HAPPENED TO THE HOTDOG PLACE? AND THEY GO, YEAH, MY GOD. 
          THE LADIES TOOK OVER QUITE AGAIN. 
          YOU ON WOMEN. 
          WAIT, SO, SO WAIT, ARE WE, ARE THAT WORKS FOR ME? ARE WE SAYING THEY NEED TO GO FOR A NEW USE VARIANCE OR JUST GET ALL THE, I WOULD LIKE TO SAY THAT THEY DON'T. 
          OKAY. 
          YEAH. 
          I LIKE, I LIKE TO SAY THAT THEY, OR WE COULD AMEND IT. 
          YEAH. 
          AND THEN THEY NEED TO GET ALL THE PERMITS AND EVERYTHING FOR WHAT THEY DID. 
          RIGHT, RIGHT. 
          SO YOU CAN MODIFY THE USE VARIANCE AND THEN DIRECT THEM TO GET THE APPROPRIATE PERMITS. 
          BUT THEY HAVE TO APPLY FOR, RIGHT. 
          SHE SAID WHAT WE'RE SAYING, SORRY, WE DON'T COME UP WITH HOW IT'S DEPENDEN. 
          THEY HAVE TO APPLY. 
          OKAY. 
          THAT THEY DON'T HAVE TO GO FOR ANOTHER USE VARIANCE. 
          THEY'LL AMEND IT. 
          SO, SO THEY PROCEDURALLY THEY WOULD SUBMIT THE BUILDING PERMIT APPLICATION TO LEGALIZE THE, TO LEGALIZE THE CHANGES. 
          WE WOULD ISSUE A DENIAL LETTER FOR THE INCREASE IN, OR THE MODIFICATION OF THE USE AND REQUEST THAT THEY SEEK A MODIFIED USE VARIANCE FROM THE ZONING BOARD. 
          OKAY. 
          ARE THEY'RE NOT, THEY DON'T HAVE A STOP WORK ORDER, DO THEY? I WAS GONNA ASK THAT TOO. 
          WE DO NOT ISSUE A STOP WORK ORDER. 
          UM, THEY'RE STILL OPEN. 
          THEY'RE STILL, THEY'RE STILL OPERATING. 
          JUST, JUST SO YOU KNOW THAT IF YOU GOOGLE, UM, AS LIKE, BARBECUE NEAR ME, IT COMES AND THE TRUCK COMES UP AS A VIABLE BUSINESS. 
          IT'S A BARBECUE. 
          WELL, IT IS A BUSINESS. 
          I DON'T KNOW IF IT'S BARBECUE OR WHATEVER, BUT SOMEBODY WAS TELLING ME THEY WERE BAR, THEY WERE GOOGLING HOT DOGS OR BARBECUE OR SOMETHING. 
          AND NO, THEY HAVE A, THEY LISTED ALL THESE RESTAURANTS AND THE TRUCK. 
          YEAH, NO, THERE'S A GRILL PIT OUT THERE. 
          THEY HAVE A, A DRUM. 
          THERE'S, IT'S, IT'S A MUCH BIGGER OPERATION THAN WHAT IT WAS. 
          AND TRUST ME, IF THEY HAD ALWAYS HAD A PORTA-POTTY, I WOULD'VE BEEN USING IT. 
          . 
          NO, THEY GOT IT. 
          THEY EVER REMEMBER IT WAS A LONG WALK FROM DOWN, DOWN ON CENTRAL AVENUE UP THERE. 
          I, I THINK I'M VERY MUCH IN THE MINORITY HERE, BUT I ACTUALLY CONGRATULATE THE FACT THAT THEY ARE CONTINUING SOMETHING THAT'S BEEN GOING ON AROUND HERE FOR OVER 80 YEARS. 
          AND, UH, THE, THE FACT THAT CARVE STARTED ON CENTRAL AVENUE WHEN HIS TRUCK BROKE DOWN, THERE USED TO BE A PLACE CALLED TASTY FREEZE TOO. 
           WANT TARRYTOWN. 
          DON'T SHUT HIM DOWN. 
          OH, I DON'T WANNA SHUT HIM DOWN. 
          NO, I'M, I'M, YOU FEEL LIKE IT? YEAH. 
          LOOK, HE HAS A MENTALITY THAT GOES ALONG WITH THE WAY THINGS ONCE WERE. 
          AND, AND I, I ALL, I WANT HIM TO LEGALIZE IT AND I WANT TO NOT CAUSE AN EXTRA PAIN. 
          OH YEAH. 
          THAT'S WHAT I'M, THAT'S I'M SAYING. 
          YEAH. 
          GOOD, GOOD. 
          YEAH, YEAH, YEAH. 
          WE'RE IN AGREEMENT. 
          HE JUST NEEDS TO WRITE WRITE IT UP. 
          YOU CAN WRITE THIS ONE UP. 
          THERE'S NOTHING TO WRITE. 
          WE CAN'T WRITE IT UP. 
          I'M GIVING YOU THE EASY ONES. 
          GOT IT. 
          DON'T WE HAVE TO, DON'T WE ACTUALLY HAVE TO SAY THAT WE, WE WE'LL DENY IT. 
          OH, YOU AGREE WITH THE INSPECTOR? WE AGREE WITH THE INSPECTOR. 
          INSPECTOR, RIGHT. 
          WE HAVE TO WRITE SOMETHING UP. 
          UM, PROBABLY BEST TO MEMORIALIZE A FEW SENTENCES. 
          RIGHT. 
          SO THEY'LL KNOW WHAT TO DO. 
          ALRIGHT. 
          [04:20:01]
YOU WANT ME TO WRITE UP NOW? OR WE'LL TAKE WHAT LIZ SAID? YEAH, JUST WRITE DOWN, WE'LL TAKE WHAT LIZ SAID AND THEN WE'LL PUT THAT INTO THE RECORD DENIAL. 
          SO WRITING IT, LIZ, WE NEED YOUR LANGUAGE THAT YOU JUST GAVE US SO THAT THEY CAN USE THAT. 
          WASN'T IT JUST RECORDED WHO IT WAS? I I DON'T HAVE THE VIDEOTAPE. 
          OKAY. 
          NEXT. 
          ALRIGHT, NEXT. 
          SO, SO WAIT WOULD BE IT, SO WE WOULD ASK THAT IT WOULD BE A REOPENING THE PREVIOUS, WHAT'S THAT? SO IT'S REOPENING THE EXISTING USE VARIANCE TO AMEND IT TO ADDRESS THE CHANGE IN CONDITIONS. 
          UM, YOU KNOW, AGREEING WITH THE DETERMINATION OF THE BUILDING DEPARTMENT, UM, DIRECTING THEM TO APPLY FOR A NEW BUILDING PERMIT APPLICATION. 
          AT WHICH TIME THEY CAN UPDATE THE USE. 
          NO, NO. 
          SHE HAS A, SHE HAS A PEN. 
          SHE HAS A PEN. 
          SHE CAN JUST WRITE WHO'S DOING THIS? SOMEBODY GET THEIR PHONE OUT AND TAKE THAT. 
          THAT WAS A LOT. 
          IT WAS, YEAH, WE NEED THOSE NOTES. 
          OKAY. 
          ALL RIGHT. 
          SOMEBODY WRITE THAT BACK. 
          SHE HAS THE NOTES FOR US. 
          PETER, DID YOU SAY YOU WERE TALKING? WELL, YEAH, LIZ IS GONNA GIVE IT TO ME. 
          . 
          ALRIGHT, WE NEED THE LIKE DENIAL FORM. 
          THAT'S THE THIRD. 
          THIS IS THE THIRD CASE. 
          DO WE NEED A DENIAL? GET THERE? NO, NO, WE'RE GOOD. 
          OKAY. 
          SO DID WE ADJOURN FROM ROSE? UM, YEAH, TOMORROW? YEAH. 
          YEAH. 
          DECEMBER. 
          ACTUALLY I THINK WE SAID DECEMBER. 
          THEY WERE ALL FOR THAT, BUT, BUT I'LL AGREE WITH KARA. 
          MAYBE WE SHOULD JUST GET A BUNCH, AT LEAST TWO OR THREE DS TOGETHER AND START PUSHING THEM OUT. 
          OKAY, SO THAT'S ADJOURNED TO DECEMBER, CORRECT? NO. 
          NOVEMBER. 
          WHAT? TRIM? NO, I THOUGHT WE SAID DEC DECEMBER. 
          REMEMBER TRIM THE OTHER CASES UNTIL THE, BECAUSE THE OTHER CASES ARE, YEAH. 
          ALRIGHT. 
          A WOMAN SAID THAT? YES. 
          OKAY. 
          PRIMROSE ADJOURNED TO DECEMBER WITH THE OTHER GUYS. 
          25, 24. 
          OKAY. 
          THAT'S THE ONE I SAID WE'RE NOT GONNA NO CALL THE ONE WE IS GONNA FIND OUT WHERE THE OTHER CASES COME UP AND THEN SHE'LL PUT IT WITH THEM. 
          OKAY? OKAY. 
          OKAY. 
          TURN TO P DECIDES WE DON'T. 
          LOU HAS THE NEXT ONE. 
          WE CAN GO DOWN, DOWN TO SIX FOR SURE. 
          OH, HE LIKES THIS. 
          I'M GONNA GO DOWN TO SIX AND AGREE WITH, UH, WHICH ONE IS THIS ONE? I'M GONNA AGREE WITH, UM, EVE THE NEW, WHICH ONE? I WON'T MAKE THAT MISTAKE AGAIN. 
          I ALREADY JUMPED DOWN TO 26. 
          WHAT ARE WE DOING ABOUT 5 25. 
          LOU SAID HE LIKES IT. 
          ONE. 
          THAT'S THE ONE HE'S PUSHING ON ME. 
          WHO SAID HE LIKED THAT ONE? HE'S GONNA WANT THAT ONE UP. 
          ANYONE IN DISAGREEMENT WITH THE STAIRCASE IN THE FRONT OF THE HOUSE? TWO FEET FROM THE STREET? . 
          OH, THAT'S THE POOL THAT HE DIDN'T KNOW WHAT THE DISTANCE WAS? YEAH. 
          . 
          YEAH, WE OKAY THAT, BUT I THOUGHT WE WAIT, I THOUGHT THAT WE HAVE TO, OH, WE HAD TO ADJOURN IT. 
          ARE YOU JUST GONNA PRECEDENT THAT PEOPLE DON'T HAVE TO HAVE THE RIGHT NUMBERS ON THEIR REQUESTS? WE SAID NO, THAT'S HAPPENED BEFORE. 
          IT'S HAPPENED BEFORE. 
          UM, WE'RE JUST GOING GIVE HIM THE 5.86. 
          5.86. 
          YOU WANNA GIVE HIM THE 5.86? DIDN'T NO, HE TOOK IT OFF. 
          HE TOOK IT OFF. 
          HE TOOK IT OFF. 
          YEAH, I KNOW, BUT, BUT THEN HE DIDN'T KNOW WHAT IT WAS. 
          AND, AND IT'S, WE SAID FIVE, IT'S SO IF IT'S WRONG AND YOU MAKE UP CHOP IT OUT. 
          BUT THEN HE GETS TO BUILD IT ANOTHER TWO FEET BIGGER THAN HIS. 
          BUT IT'S BETWEEN THE POOL OF HIS HOUSE. 
          LIKE IT'S NOT LIKE IT'S THE WE'RE WAIT, IT FACES THE FRONT TALKING ABOUT THE, THE AREA THAT YOU WALK AROUND? NO, WE'RE TALKING THE FRONT. 
          IT FACES THE FRONT. 
          OH NO, WE'RE TALKING ABOUT THE POOL NOW. 
          PATIO. 
          WE'RE TALKING ABOUT, WE'RE TALKING ABOUT NUMBER 25. 
          I'M LETTING THE NINE. 
          YEAH, SO IT IS THE FRONT OF THE HOUSE, BUT THEN IT'S ALSO THE WALKWAY AROUND THE POOL. 
          OH, I SEE. 
          THIS IS THE POOL RIGHT HERE. 
          THIS IS THE OTHER ONE. 
          THE, THE 7.4 NOT, AND ALL THAT IS OVER HERE BY THE FRONT OF THE HOUSE. 
          THAT'S WHY WE'RE SAYING, OH, WE SHOULD GET THE REAL NUMBERS AND DO IT THEN. 
          SO IT WAS SEVEN POINT GIVING HIM ANOTHER FOOT AND A HALF. 
          THAT'S RIGHT. 
          IT WAS SEVEN. 
          I WROTE IT DOWN. 
          ALRIGHT, WE'RE WE'RE, WE'RE GONNA PUT IN THE, WHAT WAS IT, SEVEN POINT SOMETHING. 
          SEVEN POINT. 
          SO IT WAS 7.4 0.4. 
          AND THEN HE REDUCED IT TO OH OH. 
          SO IT WAS 5.86 AND THEN HE REDUCED IT TO 7.4, BUT THEN CLARIFIED THAT HE WANTED TO GO BACK TO THE 5.86 TO AVOID ANY CONFUSION. 
          YEAH, SO IT SHOULD BE, HE HAS 5.86 FEET. 
          SO, AND JUST THAT BUMP OUT SIX TO AN EXTRA FOOT AND A HALF THAT HE WASN'T REALLY ASKING. 
          BUT HE, BUT THAT'S, UNLESS WE JUST LEAVE IT FOR THE BUMP OUT. 
          HE TOLD US THAT THEY HAD REMOVED THAT. 
          HE DID SAY THEY REMOVED IT. 
          HE SHOWED US PICTURES OF IT NOT THERE. 
          THAT'S THE PATIO MIND. 
          THAT'S WHAT I'M SAYING YOU GUYS, THAT'S WHAT I'M TRYING TO TELL YOU. 
          SIX. 
          THE VARIANCE IS WOULD BE FOR 4.24 FEET. 
          RIGHT. 
          SO IT'S 10 MINUS THE 5.86. 
          YEAH, IT'S GOOD. 
          WE'RE GONNA LEAVE THIS. 
          SO WHAT'S THE NUMBER? WHO'S DOING THIS ONE? 5.6. 
          YOU GOT IT. 
          5.86. 
          NO, THAT'S, YOU, YOU LIKE THIS? I SAID HELL NO, YOU SAID VARIANCE AS THEY ARE. 
          WE'RE JUST LEAVING IT. 
          11. 
          YOU CAN DO IT. 
          AND THE NINTH 
          [04:25:01]
FOR THE BUMP. 
          FOR THE BUMP OUT ALONE. 
          YOU CAN WRITE THIS ONE. 
          IT'S ALMOST MIDNIGHT. 
          LEAVE IT AS IT'S, THAT'S THE VARIANCE THAT WAS ASKING WHAT'S ON THE APPLICATION, BUT IT DOESN'T EXIST. 
          OKAY, WE'RE ON TO RICO'S PIZZA. 
          IS THAT IT? SO IT DOESN THE, I THINK LUKE'S DOING THIS ONE. 
          NO, THE FIVE POINT, THIS IS THE, HELLO? I ABSTAIN LUKE'S WRITING. 
          IT DOESN'T REALLY MATTER. 
          ALRIGHT, IT GOES TO RICO'S PIZZA. 
          NO, NO, NO. 
          WAIT, WAIT, WAIT. 
          BEFORE YOU, I'M SORRY, BEFORE YOU MADE A DECISION ON THAT ONE. 
          UM, THERE IS A PRIOR CASE FOR P ONE IMPORTS, RIGHT? FOR, FOR THE, THE DOUBLE SIGNAGE OR WAS IT FOR THIS HEIGHT? WHAT IF IT WAS TO HAVE, THEY'RE NOT ILLUMINATED. 
          SO LIKE THE P ONE. 
          I THOUGHT, I THOUGHT THAT THEY'RE STRICTLY ON STREET. 
          I DON'T THINK THAT THEY HAVE AN OPENING ON THAT END. 
          HAVE TO WALK DOWN. 
          I'M GONNA LOOK TOMORROW. 
          PIER ONE HAD THE OPENING. 
          PIER ONE HAD A DIFFERENT OPENING ENTRANCE. 
          YEAH, I DON'T ENTRANCE IS HERE. 
          YEAH, BUT DOES THEY HAVE TO, DO THEY HAVE ANOTHER ENTRANCE OVER HERE? WELL, THEY TURN IT INTO ALMOST A CORNER PROPERTY NOW. 
          ONE, THE RESTAURANT ITSELF IS ALMOST IN A L SHAPE. 
          IT'S JUST TWO. 
          IT'S THE DENTIST. 
          YEAH, BUT BUT THE DENTIST IS DEFINITELY HERE, RIGHT? ASPEN? HE'S KIND OF LIKE BURIED IN THERE. 
          CORRECT. 
          YOU KNOW, THEY'RE OVER HERE. 
          BUT ALL I'VE SEEN IS RIGHT HERE. 
          I DON'T SEE, I DON'T KNOW THAT THEY HAVE AN ACCESS HERE. 
          I THINK THEY'RE JUST TRYING TO GET MORE ACTUALLY ASKED. 
          THERE IS ACCESS, BUT IT'S A ONE WAY, IT'S NOT ONE. 
          NO ACCESS TO ENTRANCE. 
          IN OTHER WORDS, BECAUSE PEOPLE DON'T, PEOPLE PEOPLE DON'T PULL IN HERE ANYMORE. 
          THEY, UM, HERE BECAUSE, BECAUSE YOU, ONCE YOU, ONCE YOU GO IN, YOU HAVE TO GO ALL THE WAY AROUND AGAIN. 
          SO A LOT OF PEOPLE, I DON'T KNOW, DON'T BE, THIS IS LIKE A SUBPOENA. 
          DON'T BE JUST HANDING ME THINGS, MAN. 
           DID, DID THEY MISS YOU? OH NO. 
          YEAH, IT'S A SUBPOENA. 
          YOU GOTTA SIGN THAT NOW. 
          JUST HANDING THESE OUT FOR ONE WAS THERE, THAT WAS CASE. 
          THANK YOU. 
          ON THE SAME SITE, THEY'RE SAYING THIS IS WHAT'S GOING ON THAT SITE. 
          I, I THINK EVE'S RIGHT THAT IT WOULD BE BASED ON WHERE THE ENTRANCE TO THE BUILDING IS. 
          P ONE HAD AN ENTRANCE ON THE SIDE FACING THE PARKING LOT. 
          RIGHT. 
          SO THAT'S WHY THEY GOT ASSIGNED THERE. 
          YEAH. 
          UM, I DON'T KNOW WHY THEY HAD THIS PLACE IS, I MEAN I, I'VE BEEN SEEING THEM WORK OUT ON IT BECAUSE THEY'RE RIGHT NEXT TO DAVE . 
          WELL THEIR ENTRANCE IS STILL ON THE SIDE WHERE PIER ONCE ENTRANCE WAS? I DON'T THINK SO. 
          HE SAID IT WAS, YOU COULD SEE IT IN THE DRAWINGS. 
          THEY DO HAVE IT ON THAT SIDE. 
          GOD. 
          YEAH. 
          SO THEY'RE ASKING FOR THE SIGNAGE ON THE, WHICH IS, THAT'S TECHNICALLY THE FRONT OF THE BUILDING AND THEN THEY'RE ASKING FOR IT ON THE SIDE WITH ALL THE OTHER PLACES, WITH ALL THE OTHER FOOD PLACES. 
          AND DOES ANYONE ELSE HAVE THAT? NO. 
          EVERYBODY THERE IS ON THE STREET SIDE. 
          IT WAS A BAGEL PLACE. 
          IT'S STILL THERE IN THE MIDDLE. 
          THEY MAKE THE BEST PLUNK IT AND JAFFY GOD BLUEBERRY MUFFINS. 
          I'LL, OKAY, I THOUGHT YOU WERE GONNA DO IT. 
          I CHANGED MY MIND. 
          OH GOOD. 
          I'LL DO THE UH, BUT YOU GUYS HAVE TO UNDERSTAND THAT THIS WAS BEFORE YOU GUYS GAVE THE NEW WHATEVER BUILDING, RIGHT? OKAY. 
          BUT THAT'S NOT WHAT THAT THIS IS 19, THIS IS 1991. 
          WELL THEY GOT, THEY GOT A TWO FOOT SIGN, WHICH IS WHAT WE THAT'S WHAT THEY'RE A LOT. 
          TWO SIGN. 
          YEAH. 
          NO, NO, I'M TALKING ABOUT THIS BEFORE. 
          YEAH, THIS JUST SAYS THEY GOT TWO SIGNS BEFORE THE PEOPLE HERE  LONG BEFORE. 
          LET THEM GO UP LONG. 
          YEAH, LONG BEFORE. 
          SO I, I'LL STAND THERE. 
          YOU THE THING. 
          I KNOW THAT'S THE PARKING LOT. 
          SIDE FRIDAY. 
          ON THURSDAY NIGHT WHEN THEY SAID THEY WAS OKAY, YOU CAN HAVE THAT. 
          WHATEVER. 
          SO THAT'S, THAT'S THE ENTRANCE. 
          THE NEXT WAS THERE. 
          YOU CAN SEE THE ENTRANCE. 
          NO, NO, BUT YOU SEE THAT'S WHERE THEIR DOOR IS. 
          THEY DON'T HAVE A DOOR ON THE OTHER SIDE. 
          CAN'T THEY MAKE THAT SMALLER? BUT THAT'S THE, THAT'S THE TERRYTOWN ROAD SIDE. 
          THE OTHER SIDE. 
          NO, THIS IS THE PARKING LOT SIDE. 
          YES, IT IS. 
          SO DOES IT'S PARKING ALL AROUND. 
          DOES ANYONE ELSE GET TWO SIDES PARKING IN FRONT ME ON THAT SIDE? ONLY 
          [04:30:01]
IF WE APPROVE IT. 
          HAVE WE APPROVED IT? THAT'S WHAT THIS IS SAYING RIGHT NOW. 
          THAT WE DID APPEAR ONE. 
          YES. 
          THE PRECEDENT WAS SAID THAT WE DID MOVE APPEAR ONE, RIGHT? YEAH. 
          BUT WE'RE REFERRING TO THIS AS THE PARKING LOT SIDE. 
          OKAY. 
          YES. 
          THAT'S WHAT, THAT'S WHAT SHE AND I ARE SAYING. 
          YEAH. 
          SO WHAT DO WE DECIDE? BECAUSE I'M, SO WE GIVE, WE GIVE TWO SIGNS, BUT ONLY THE, THE, THE NO, NO HEIGHT VARIANCE. 
          NO HEIGHT VARIANCE. 
          I'M GOOD WITH THAT. 
          THAT THERE'S THE OTHER SIDE OF THAT. 
          THEY'VE GOT, THEY'VE ALREADY GOT A PAPER FABRIC SIGN UP THERE RIGHT NOW. 
          I'M GONNA GIVE THEM A VIOLATION OF I DON'T THINK THAT, WELL, I DON'T, I MEAN THEY, THEY CAN OPEN UP WITH THAT SIGN UNTIL THEY GET A REAL SIGN. 
          BUT I DON'T THINK THAT, I THINK YOU GIVE THEM, I GIVE THEM BOTH SIGNS IF THEY WANT. 
          I WOULDN'T GIVE AT THE LEGAL SIZE. 
          AND IF THE LEGAL SIZE DOESN'T WORKED FOR THEM, DON'T PUT IT UP. 
          WELL THE SECOND, THE SECOND SIGNAGE HAS TO BE A LOT SMALLER THAN IT DOES, WHICH I WOULD LET THEM DO THIS THE SAME SIZE ON THE, BECAUSE THEY'RE CORNER THAT'S AROUND THE CORNER. 
          BUT IS IT, IS IT IS TWO FEET ALLOWED? MM-HMM . 
          YES. 
          YOU HAVE TO GIVE VARIANCE FOR TWO FEET. 
          NO, ABOVE TWO FEET, BUT ISN'T TWO FEET WHAT THE OTHER PEOPLE HAVE LIKE CHIPOTLE AND, AND THE BAGEL STORE. 
          BAGEL STORE I THINK IS EVEN LESS. 
          THEY DON'T HAVE THAT EVEN. 
          BUT, SO C SHOULDN'T KEEP IT ALL ABOUT THE SI SAME SIZE. 
          CITIBANK IS SMALL. 
          THE BAGEL PLACE IS TINY. 
          UM, I FORGET WHAT THE OTHER PLACE IS. 
          MAYBE IT'S THE DENTAL, I DON'T KNOW, BUT WHATEVER THE DENTAL IS. 
          NO, THE DENTAL IS BIG. 
          THAT'S NEW. 
          THAT WAS SHOP THAT WAS AFTER THE, SHE USED TO BE DOS AUTO. 
          THEY MOVED. 
          OKAY. 
          SO WHAT DO WE DECIDE HERE? I THINK THEY'RE IN AGREEMENT. 
          WE'RE GIVING TWO SIGNS AT THE REGULAR, AT THE APPROVED HEIGHTS. 
          TWO SIGNS AT THE HEIGHTS. 
          RIGHT. 
          SOMEBODY HAS TO WRITE THAT UP NICELY. 
          I DON'T SEE THAT. 
          TWO SIGNS AT WHAT? THE APPROVED HEIGHT. 
          AT THE LEGAL HEIGHT. 
          TWO FEET. 
          TWO FEET. 
          TWO SIGNS. 
          AT WHAT HEIGHT? LEGAL. 
          LEGAL HEIGHT. 
          THAT'S FINE. 
          THAT'S WHAT IT WOULD MAKE. 
          JUST MAKE SURE YOU WRITE IT UP WHILE YOU GIVE THEM TWO. 
          OKAY. 
          IT'S CORNER. 
          TWO SIGNS. 
          QUASI THINK THEY'RE GONNA NEED THE HEIGHT STUFF IN THE QUASI CORNER . 
          SO THE ONLY THING THEY GET IS THE SECOND TIME. 
          OKAY, SO THAT'S THE, UH, THE SECOND FROM THE BOTTOM ONE IS THE ONLY ONE WE GRANTED, RIGHT? YES. 
          JUST THE ABILITY TO HAVE THE TWO SIGNS. 
          BUT YOU HAVE TO WRITE A RATIONALE AT NO, NO, NO, NO. 
          I DON'T, I SAID NO, BUT SO I WAS SAYING NO, IT'S, SO YOU SAID TWO SIGNS. 
          NO, I'M SAYING I WOULD SAY NO. 
          GIVE THEM THE ONE SIGN. 
          OH, YOU ALL SAY YOU WANNA GIVE 'EM TWO SIGNS. 
          I SAID YOU HAVE TO JUST WRITE IT UP IN A WAY THAT JUSTIFIES WHY YOU'RE GIVING THEM TWO SIGNS. 
          ALL THIS. 
          I THINK THIS, SO THERE'S PRECEDENT THAT, UM, PIER ONE IMPORTS OBTAINED A SECOND SIGN. 
          UH, THEY REQUESTED BOTH TO BE ILLUMINATED. 
          HOWEVER, THE BOARD DETERMINED THAT THE SECOND ONE SHOULD BE UNA ILLUMINATED. 
          WHAT DID SHE SAY?  HAVE TWO SIDES. 
          TWO, ONLY ONE CAN BE ELIMINATED, BUT ONLY ONE COULD BE ILLUMINATED. 
          TWO SIGNS HAS TO BE THE SAME LETTER, SAME SIZE. 
          YOU HAVE SIGNS. 
          OKAY, WE HAVE IT. 
          ALRIGHT, WE'RE DONE. 
          YOU GUYS ARE JUST TIRED. 
          YOU KNOW, I'M NOT TIRED. 
          I'M ON COFFEE. 
          I NEED SOMETHING TO EAT AND WATCH FOOTBALL. 
          IT'S 1155. 
          DID THEY? YEAH. 
          GOSH. 
          MISSED THE WHOLE CHEATED. 
          YOU CHEATED. 
          ALL RIGHT, SO WHAT ARE WE DOING WITH UH, THAXTER ROAD? ARE WE GONNA GIVE IT TO HIM? I I WAS TORN AT FIRST. 
          IT JUST HAS TO BE WRITTEN UP. 
          I LIKE THAT ONE. 
          DO YOU ALL WANNA WRITE THAT ONE UP? HOW CAN WE WRITE THAT UP? I CAN WRITE SOME. 
          OH, WE GOT SOLAR PANS. 
          I CAN WRITE IT. 
          I KNOW ABOUT THAT. 
          I WAS TORN AT FIRST. 
          WAIT, WAIT, WAIT, WAIT, WAIT. 
          SHE'S GOTTA DO IT. 
          OH, YOU SHE KNOWS IT. 
          I CAN DO IT. 
          OH, DID WE? I KNOW ABOUT SOLAR PANEL. 
          KNOW, KNOW ABOUT SOLAR PANEL? YEAH. 
          SEE YOU WANT A WHOLE CODE AND OKAY, WE HAVE A NEW ONE. 
          IT'S HARD. 
          IT'S GONNA BE PART OF THE ZONING CODE UPDATE AS WELL. 
          THAT'S GONNA BE UPDATED TOO. 
          INCLUDE THAT DRAFTED. 
          DO YOU KNOW HOW MUCH WE HAVE TO FIGHT THOSE RIGHT NOW? ALL OF OUR ZONING BOARD, I MEAN ALL OF OUR ADVISORY BOARDS FIGHTING US LIKE HELL BECAUSE THEY DON'T WANT 'EM THROUGHOUT THE COUNTY, ESPECIALLY UP NORTH. 
          WHAT ARE YOU FIGHTING GUYS? A LOT OF PEOPLE DON'T WANT 'EM. 
          WE'RE DONE, ARE WE? NO, WE STILL HAVE YOU'RE DOING DRAG. 
          SOLAR FIELDS. 
          SOLAR FIELDS. 
          YOU'RE 
          [04:35:01]
DOING DRAG. 
          ROLL AWAY THE DRIVEWAY. 
          DRIVEWAY UGLY. 
          DO THE 25, 28. 
          I THINK THOSE BILLS THAT I GET. 
          20 . 
          WAIT, DID, DID, DID WE APPROVE THE SOLAR PANEL? WE DID. 
          WE SAID HELL NO. 
          WITH SOLAR WE'RE GOING COLD. 
          COLD BURN, BABY BURN. 
          WE APPROVE THIS. 
          WE SAID YES IF YOU'RE UP. 
          YEAH. 
          ARE YOU OKAY WITH IT? YEAH. 
          OKAY. 
          I TAKE THIS YOUR AWAY. 
          HOW DO YOU WRITE THAT ONE UP? ANY WAY YOU WANT. 
          WHAT ARE WE DOING WITH DRAGO? OH, DRAGO CHIN. 
          CAN WE WRITE A STEP ON HOW DO WE WRITE THAT ONE UP THAT I NEED? TWO. 
          I NEED TO DENY. 
          WHEN DOES ED COME BACK? HE'S BACK NEXT MONTH, NEXT WEEK, NEXT WEEK. 
          NEXT WEEK. 
          NEXT WEEK. 
          WE CAN LET HIM WRITE IT UP. 
          DRAGO? YEAH. 
          ONLY BECAUSE, YOU KNOW, I DON'T WANT TO SAY IN LIEU OF A POTENTIAL WHATEVER. 
          WE JUST NEED A CREATIVE, HE'S GOTTA WRITE SOMETHING OVER WHAT RIGHT. 
          ACTUALLY IN PLACE. 
          CORRECT. 
          AND RIGHT. 
          YOU HAVE TO DEFINE CLOSE FOR DECISION ONLY. 
          YEAH. 
          HAVE WE DONE EVERYTHING? NO, WE CAN. 
          WE CAN SAY IT. 
          YEAH, WE CAN. 
          WE DON'T KNOW. 
          AND WE HAVE TO WRITE UP AND THE FINDING RED. 
          DEFINE IT. 
          WE CAN GRANT IT. 
          I THINK. 
          UM, SO CLOSE FOR DECISION. 
          THEY'RE THE ELVES ARE DOING THAT ONE IN THE BACK DECISION ONLY. 
          YEAH. 
          THE ELVES ARE DOING THAT ONE. 
          UH, WHO'S DOING DRAGO? YOU THE ELVES? YES. 
          I'LL DO DRAGO. 
          OKAY. 
          WRITING IT UP. 
          YES. 
          YOU GONNA DO IT IS DOING DRAG. 
          I THOUGHT ED WAS GONNA DO IT. 
          ED IS GONNA DO IT? YES. 
          OH, IT'S GONNA BE CLOSE FOR DECISION ONLY BECAUSE IT'S RIGHT. 
          YEAH. 
          HE'S TRYING TO, YOU KNOW, THE LANGUAGE HAS TO BE PAT WITH THE LAST RULING. 
          SO OTHER PEOPLE DON'T TRY. 
          CORRECT. 
          WHO ELSE, WHAT OTHER THINGS ARE COMING DOWN? WELL THEN WE HAVE TO SAY THAT WE'LL BE, UH, NO WE CAN, NO, WE CAN APPROVE IT. 
          SHOULD WE HAVE THAT RESUBMIT WITH THE RIGHT NUMBERS ALSO? NO, NO. 
          LET'S JUST COURT. 
          NO, NO, NO, NO NEED. 
          YEAH, WE GOTTA, WE GOTTA, YEAH. 
          YES. 
          WAIT. 
          OKAY. 
          IS IT CLOSE FOR DECISION OR WE GONNA VOTE? ASK QUESTION. 
          I SAID CLOSE FOR DECISION. 
          THEY SAID UNTIL DECEMBER THEY GOT, YOU KNOW. 
          NO, BUT THEY NEED TO BE ABLE TO PAVE. 
          YES. 
          SO WE GOTTA GIVE HIM SOMETHING. 
          NO, HE, BUT HE'S GONNA WRITE IT UP. 
          I MEAN REALLY? HE SAID DECEMBER. 
          HE SAID DECEMBER. 
          CRAZY BECAUSE DECEMBER THE 15TH. 
          ARE WE TALKING ABOUT DRAGO? YES. 
          HE SAID DECEMBER THE 15TH. 
          WE HAVE TO HAVE TO HAVE, HAVE TO DO IT. 
          UM, NO, NOVEMBER. 
          WHEN DO WE CLOSE FOR PAVING? NOVEMBER. 
          YEAH. 
          SO NOVEMBER'S, THE PLANT'S CLOSED NOVEMBER, SO IT HAS TO BE BEFORE NOVEMBER. 
          OH. 
          UM, CLOSE FOR DECISION ONLY. 
          NO, NO, WE CAN'T DO IT. 
          HAVE TO DO THE BEST YOU CAN AND WE'LL FIX ITS YEAH. 
          ED. 
          SIMPLE. 
          YEAH, ED WILL DO THE FINDINGS. 
          RECORD NOW. 
          THERE YOU GO. 
          SO IS IT JUST ZONING DISTRICTS OR LIKE, CAN MY NEIGHBORS, THEY GONNA BE ABLE TO HAVE A CIRCULAR DRIVEWAY NOW? YOU WOULD HAVE TO MEET THE SETBACK REQUIREMENTS. 
          UM, THE MINIMUM LOT WIDTH. 
          SO THERE'S OTHER PARAMETERS THAT THIS, THIS SPECIFIC LOT WOULD FALL INTO, BUT SMALLER LOTS IT YOU ARE NOT GOING TO ABLE TO DO. 
          OKAY, HANG ON. 
          I GOT IT. 
          IT HAS A PRETTY BIG PIECE. 
          PRETTY BIG. 
          IF IT'S A LARGER PIECE OF PROPERTY, I MEAN THE WAY THAT THAT HOUSE IS BUILT, IT'S A BIG PIECE OF PROPERTY, BUT IT'S RIGHT ON THE FRONT. 
          I'D SAY MY NEIGHBOR ACTUALLY HAS MORE SPACE IN THE FRONT THAN HE DOES LOT WITH. 
          UH, NO, PROBABLY NOT WITH THE FRONTAGE THOUGH. 
          HE HAS, THAT'S WHAT I MEAN. 
          THE, THE FRONTAGE OF THE LOT. 
          SO IT, I BELIEVE, UM, IT'S GOING TO BE ANYTHING 120 FEET WIDE OR MORE WOULD BE ABLE TO DO A DOUBLE CURB. 
          CUT. 
          WELL I LIVE IN A R TWO. 
          I WANT, I WANT TWO CURB CUTS. 
          . 
          RAR TWO. 
          THAT'S LIKE THE SIZE OF THIS ROOM. 
          THERE'S NO R TWO NOW I GOT A TINY HOME ON IT. 
          ALRIGHT, SO I WAS JUST ADVISED WE'RE NOT GOING OUT ON THE RECORD ANYMORE BECAUSE SOME TYPE OF PROGRAMMING. 
          SO WE MAY NOT BE STILL RECORDING. 
          OH. 
          OH, LEMME CHECK. 
          OKAY, WELL THAT'S GOOD ENOUGH. 
          , DO WE HAVE TO GO BACK ON THE RECORD? YEAH, NO, WE HAVE TO VOTE. 
          YEAH, WE DO. 
          WE HAVE TO VOTE AT THE VERY LEAST. 
          UNLESS YOU WANNA COME FOR BREAKFAST, WE CAN DO BREAKFAST. 
          PANCAKE HOUSE. 
          WHAT ARE WE VOTING ON? EVERYTHING. 
          SIX HOURS. 
          WHAT? WE HAVE TO VOTE. 
          WE'RE NOT DONE IN THE CITY AT THE DRIVEWAY. 
          HOW ARE YOU PACKING UP? SO SOON AFTER 12. 
          I AM JET LAG . 
          WE'RE GOOD. 
          WE'RE GOOD. 
          OKAY. 
          OKAY, LET'S GO. 
          SO IS IS, IS DEFEAT, IS THAT JUST 
          [04:40:01]
A DENIAL? FOR WHICH ONE? WHICH ONE? 25 23 5 25 23. 
          YEP. 
          THAT'S THE FOOD TRUCK. 
          OH NO, NO. 
          YEAH, THAT WAS A DENIAL. 
          OH RIGHT. 
          YES. 
          BUT IT'S MORE, IT'S THERE'S LANGUAGE WE HAVE TO USE ABOUT HE HAS THE LANGUAGE. 
          YEAH. 
          YEP. 
          RIGHT. 
          PETER HAS THE LANGUAGE I, WE JUST CALL ABOUT YOU HAVE THE LANGUAGE. 
          WHERE'S THE LANGUAGE OVER THERE? . 
          OKAY, I'LL GET THE, I CAN GET THE LANGUAGE. 
          YOU GOTTA GET THE LANGUAGE LITERALLY SAYING IT'S DENIED. 
          SO IT'S, THE APPEAL IS DENIED. 
          UM, THE ZONING BOARD IS UPHOLDING THE DETERMINATION OF THE BILLING DEPARTMENT AND INSTRUCTS THE APPLICANT TO APPLY FOR SITE PLAN APPROVAL WITH C, D, AND C AND APPLY FOR BUILDING PERMITS FOR THE, UM, UH, FOOD SEATING, UH, CHANGES THE FENCING AND THE NEW FOOD TRUCK. 
          AND WHAT DID YOU SAY SOMETHING ABOUT THE USE VARIANCE, RIGHT? SO, OH, THAT'LL COME IN LATER. 
          YEAH. 
          SO THAT'S GONNA BE PART OF IT, RIGHT? WHEN THEY APPLY FOR THE SITE PLAN, THEY'RE GONNA HAVE TO GET A NEW, UH, THEY'RE GONNA GONNA PUT IN AN APPLICATION FOR USE VARIANCE. 
          BUT REALISTICALLY IT'S A MODIFICATION OF THE EXISTING USE VARIANCE. 
          OKAY. 
          YOU JUST CAN'T AMEND IT TECHNICALLY. 
          OKAY. 
          YOU CAN MODIFY IT IF YOU CAN'T AMEND IT. 
          THAT MAKES NO SENSE. 
          BUT WAS APPROVED. 
          WHO ELSE WAS I NOT GOING? OKAY. 
          APPROVED. 
          OKAY, WE CAN GO CHAIR. 
          OKAY. 
          HALF HOUR BREAK. 
          EVERYONE COME BACK. 
          YEAH, THAT WOULD BE ME LEAVING. 
          OKAY, SO WE'VE GOT ADJOURNED TO DECEMBER. 
          SO ARE WE GOING BACK SINCE WE MANAGED TO GET THROUGH SO MANY? DO YOU STILL WANNA LEAVE UM, TACO BELL IN DECEMBER? WELL YOU WANNA DO IT IN JANUARY? NO, NO, SHE'S THINK IN NOVEMBER. 
          NOVEMBER? NO, NO. 
          WE HAVE A, DO WE HAVE ANOTHER BIG CASE IN NOVEMBER? YES. 
          DALE? NO, NOT DALE. 
          THERE'S ANOTHER BIG ONE THERE. 
          ANOTHER LEGAL. 
          WHEN IS DALE SUPPOSED TO BE? WE HAVE FIVE ALREADY THAT ARE HOLDOVERS. 
          YOU GOTTA LET A COUPLE OF NEW ONES IN. 
          YOU DON'T HAVE NO, WHAT ARE THE HAVE HOLDOVERS? TWO FROM LAST TIME AND THREE FROM THIS TIME. 
          ACCORDING, THERE'S JUST SOMEWHERE CLOSE. 
          THERE'S JUST TWO. 
          THERE'S JUST TWO FROM LAST TIME. 
          THE OTHERS HAVE TO HAVE TO PETITION AGAIN. 
          YOU'RE TALKING ABOUT, I'M HOPING WE CAN FINISH IT OUT SO THAT WE DON'T HAVE TO, WANTS TO POSTPONE. 
          NOBODY ELSE WANTS TO POSTPONE AN ASSIGNMENT. 
          IS THIS ME? GOT STUFF EVERYWHERE. 
          RESPOND, RESPOND, RESPOND. 
          SO MAKE IT A LITTLE INCONVENIENT. 
          HE'S GOTTA ME IS THIS MOM RIGHT HERE? SO WHO ARE WE TALKING ABOUT NOW? WHO'S BACK AT TACO BELL? TACO BELL. 
          OH. 
          SO WHAT ARE WE DOING? LOW TACO BELL. 
          I JUST DON'T KNOW IF WE'RE GONNA HAVE A QUORUM WHEN? DECEMBER. 
          DECEMBER 18TH, RIGHT? IS THAT BECAUSE THAT WEEKEND IS PEOPLE ARE OUT OF TOWN NOW. 
          I MIGHT NOT BE. 
          I HAVE TICKETS TO A SHOW. 
          I DON'T HAVE, SHE CAN'T GO DECEMBER. 
          I I HAVE A, I'M RETIRING TO MY FARM. 
          I'M LOOKING FARMLAND RIGHT NOW. 
          IS THIS YOU YOU GONNA BUY YOUR FOUR ACRE LOT? NO, ACTUALLY I WAS LOOKING ABOUT 22 ACRES. 
          22 ACRES. 
          FOR REAL. 
          FOR REAL. 
          WHERE, WHERE WE'RE THINKING ABOUT DOING LIKE A LITTLE FAMILY PLOT. 
          SO I'M LOOKING SOMEWHERE BETWEEN THAT DELAWARE, VIRGINIA PENINSULA AND THEN WE DO SOME TINY HOMES AND BE LIKE A LITTLE PERSONAL RESORT. 
          COOL. 
          FOR LIKE RETIRING? FOR RETIRING. 
          JOHN BALDON WAS INDICTED. 
          WHO? JOHN? THAT HAPPENED LIKE SEVEN HOURS AGO. 
          YEAH, JUST CAME UP. 
          JUST CAME UP ON MY SCREEN. 
          IT'S OKAY. 
          YEAH, WE, THE ENEMY'S LIST IS UH, REALLY GROWING. 
           HER INTO POLITICS NOW. 
          WELL, WE'RE THERE, YOU DIDN'T HEAR MY COMMENTARY. 
          OH. 
          WHO'S CALLING NOW? OKAY. 
          HI. 
          GO AHEAD MA'AM. 
          WHAT'S HAPPENING? 
          [04:45:01]
YEAH, I'M TRYING TO FIND OUT WHERE YOU ARE. 
          THAT'S MY SON ELIJAH. 
          UH, A LITTLE BIT THAT, OH MY GOD. 
          OKAY. 
          WHAT HAPPENED TO THIS MAN THAT TRIED TO GET BACK ON TONIGHT? WET SHOW UP. 
          WAITING FOR WHAT WE'RE WAITING FOR. 
          OH. 
          TWO PEOPLE LEFT. 
          WE LOST. 
          I THINK THEY CAN'T GET US BACK ON TRANSCRIBED. 
          YEAH. 
          CAN WE? YEAH. 
          WHAT DID WE DO FOR YEARS WITHOUT CAMERAS? WE JUST HAD IT. 
          UH, AND I THINK DIDN'T LAST TIME WE DIDN'T HAVE A CAMERA AT THE END BECAUSE I COULDN'T GET BACK UP THE BLACKOUT. 
          YEAH, SO SO YOU JUST, YOU ARE JUST GONNA GIVE THIS, WE ARE JUST, ARE WE JUST GIVING TACO? WE'RE TRANSCRIBING JUST TWO. 
          WE'RE GIVING THEM TWO SIGNS THAT HAVE TO BE THE SAME SIZE LEGALLY. 
          LEGALLY NOTHING ABOUT IT. 
          DON'T HAVE TO BE ON VIDEO, BUT WE CAN USE THAT AS A PRO THAT THERE'S PRECEDENT FOR GIVING TWO SIGNS. 
          NO, BUT THEY'RE TALKING ABOUT ILLUMINATING. 
          THEY, THEY SAID ONE COULD BE ILLUMINATED. 
          YEAH, I UNDERSTAND. 
          THAT WAS PETER ONE. 
          JUST I DON'T THINK APPROVED. 
          WE'RE IS EVERYBODY HERE? YOU SEE THESE HOUSES? NO, HE'S ACTUALLY A GOOD, HE'S A GOOD KID. 
          HE UM, HE'S DOING A LOT OF GOOD WORK. 
          I CAN'T CALL HIM. 
          KIDDING. 
          GOOD YOUNG MAN. 
          ALRIGHT. 
          HE'S A GOOD YOUNG MAN. 
          THE TRANSCRIPT IS RECORDING INTERNALLY. 
          NOT SO WHAT, WHAT THEY'RE GONNA DO IS THEY'RE GONNA AND THE ENTIRE MEETING PUT TOGETHER. 
          PERFECT. 
          ALRIGHT. 
          SO DO I SAY IT THIS TIME THAT WE ARE READY TO GO ON OR NOT? I THINK WE CAN JUST GO, YEAH, I THINK THEY'RE GONNA FIX IT, YOU KNOW, ONCE THEY GET THE RECORDING AND THEY'LL BE ABLE TO SO I'M WAITING. 
          NO, NO, NO, YOU'RE GOOD TO GO. 
          OH, I'M GOOD. 
          YOU'RE GOOD. 
          GO. 
          OKAY. 
          IT'S NOT LIVE. 
          ALRIGHT. 
          OKAY. 
          ALL RIGHT. 
          SO WE ARE BACK WITH OUR DECISIONS FROM TONIGHT'S CASES AND CASE NUMBER FIRST CASE IS CASE NUMBER 25 13 TACO BELL, WHICH IS ADJOURNED TO DECEMBER 18TH OF THIS YEAR. 
          UH, FOR ALL PURPOSES. 
          THE NEXT CASE WE HAVE IS CASE 25 19 CHUNG. 
          AND WHEREAS THE GREENBERG ZBA HAS REVIEWED THE ABOVE REFERENCED REFERENCE APPLICATION WITH REGARDS TO CA COMPLIANCE AND NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SEEK OF CONSIDERATION. 
          DO HAVE A MOTION? SECOND. 
          SECOND. 
          ALL IN FAVOR? AYE. 
          AYE. 
          AND MADAM CHAIR, WHO HAS A MOTION, I MOVE THAT THE APPLICATION IN CASE 25 19 BE GRANTED PROVIDED THAT WAS THE APPLICANT OBTAINED ALL NECESSARY APPROVALS AND FILE SAME WITH THE BUILDING DEPARTMENTS. 
          TWO CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLAN DATED JULY, 2023 AND STAMPED RECEIVED ON JULY 7TH, 2025 SUBMITTED IN SUPPORT OF THIS APPLICATION. 
          OR AS SUCH, PLANS MAY BE HEREINAFTER MODIFIED BY ANOTHER APPROVING BOARD, AGENCY OR OFFICER OF THE TOWN. 
          PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN. 
          THREE. 
          THE VARIANCES BEING GRANTED ARE FOR THE IMPROVEMENTS SHOWN ON THE PLAN SUBMITTED IN SUPPORT OF ITS APPLICATION ONLY. 
          ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK OR OTHER VARIANCES WE HAVE APPROVED HEREIN. 
          DO I HAVE A SECOND? SECOND. 
          [04:50:01]
DO YOU HAVE VOTE? ALL IN FAVOR? AYE. 
          AYE. 
          CHAIR BOTH. 
          AYE. 
          DUE TO THE LATENESS FINDINGS? YES. 
          DUE TO THE LATENESS OF THE HOUR, WE ARE NOT GOING TO READ ANY FINDINGS THIS EVENING, BUT THEY WILL BE AVAILABLE AND ALSO IN THE RECORD. 
          AND THE NEXT CASE WE HAVE IS CASE 25, 23, 24, 23, 25, 23. 
          OH YEAH. 
          WHICH IS I I I HAVE THAT. 
          YES. 
          WHEREAS THE GREENBERG'S DBA HAS REVIEWED THE ABOVE REFERENCED APPLICATION WITH REGARD TO CA COMPLIANCE AND NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER CA CONSIDERATION. 
          SECOND. 
          ALL IN FAVOR? AYE. 
          AYE. 
          AYE. 
          AYE. 
          AYE. 
          AND I I MOVE THAT THE APPLICATION WAIT. 
          YEAH, GO AHEAD. 
          OKAY. 
          I MOVE THAT THE APPLICATION ZBA 25 DASH 23 BE DENIED THE ZBA UPHOLDS THE DETER DETERMINATION OF THE BUILDING DEPARTMENT DENIES THE APPEAL OF THE NOTICE OF VIOLATION IN ITS ENTIRETY. 
          FINDS THAT THE APPLICANT REQUIRES A MODIFICATION OF THE USE, UM, VARIANCE TO ADDRESS INTENSIFICATION OF THE USE ASSOCIATED WITH THE EXPANSION OF OUTDOOR SEATING AND DINING. 
          ZBA DIRECTS THE APPLICANT TO APPLY FOR SITE PLAN APPROVAL, UH, WITH THE CDNC AND A BUILDING PERMIT FROM UH, UH, FOR THE SITE MODIFICATION, FENCING, AND NEW FOOD TRUCK WITH THE BUILDING DEPARTMENT. 
          SECOND. 
          ALL IN FAVOR? AYE. 
          AYE. 
          AYE. 
          YOU CHAIR VOTES AYE. 
          AND THE NEXT IS CASE 25 24, WHICH IS SEVEN PRIMROSE AVENUE THAT IS ADJOURNED FOR ALL PURPOSES TO DECEMBER 18TH. 
          THE NEXT CASE IS CASE 25 25. 
          THAT'S WINDHAM 17 WINDHAM ROAD SCARSDALE. 
          AND WHEREAS THE GREENBERG ZBA HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO SECRET A COMPLIANCE AND NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET A CONSIDERATION. 
          SECOND, DO HAVE YOU HAVE A SECOND? ALL FAVOR. 
          OKAY. 
          AYE. 
          AYE. 
          AYE. 
          AYE. 
          CHAIR VOTES. 
          AYE. 
          AND ALSO, DO WE HAVE MOTION? UH, YES I DO. 
          MADAM CHAIR, UH, I MOVE THAT THE APPLICATION IN CASE NUMBER 25 25 B GRANTED PROVIDED THAT THE APPLICANT OBTAIN ALL NECESSARY APPROVALS AND FILE SAME WITH THE BUILDING DEPARTMENT. 
          THE CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLANS DATED MAY 14TH, 2025 AND STAMPED RECEIVED AUGUST 13TH, 2025 SUBMITTED IN SUPPORT OF THIS APPLICATION OR AS ANY SUCH PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN. 
          PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE A, A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN AND THAT THE VARIANCE IS BEING GRANTED ARE FOR THE IMPROVEMENTS SHOWN ON THE PLAN SUBMITTED IN SUPPORT OF THIS APPLICATION. 
          ONLY. 
          ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT A CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES WE HAVE APPROVED HEREIN. 
          SECOND. 
          ALL IN FAVOR? AYE. 
          AYE. 
          AYE. 
          CHAIR VOTES AYE. 
          AND 25 26 RICO'S PIZZA 1 95 TARRYTOWN ROAD AND WHEREAS THE GREENBERG ZBA HAS REVIEWED THE ABOVE, ABOVE-REFERENCED APPLICATION WITH REGARD TO CA COMPLIANCE AND NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER CA CONSIDERATION. 
          SECOND I HEAR A AYE. 
          AYE. 
          AYE. 
          AYE. 
          AYE. 
          AYE. 
          AND DO I HAVE A MOTION? YES, 
          [04:55:01]
I HAVE A MOTION. 
          MOTION . 
          UH, OKAY. 
          I GUESS I'LL DO THE, UH, APPROVAL FIRST. 
          I MOVE THAT THE APPLICATION IN CASE 25 26 FOR AN ADDITIONAL FOR A SECOND WALL SIGN ON A NON CORNER LOT BUILDING WHEN ONLY ONE SIGN IS, UH, PERMITTED BE APPROVED PROVI. 
          UM, SHOULD I GO THROUGH THE FINDINGS NOW OR SHOULD I DO THE DENIAL AND THEN THE FINDINGS? UM, THE REST OF THE MOTION. 
          OKAY. 
          THE APPLICANT OBTAIN ALL NECESSARY APPROVALS AND FILE, SAME WITH THE BUILDING DEPARTMENT. 
          CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE REVISED DRAWINGS STAMPED AND RECEIVED OCTOBER 2ND. 
          NOW ON THIS ONE, THE DRAWINGS ACTUALLY SO SHOW THE LARGER SIGN. 
          WE'RE NOT GRANTING THEM THE LARGER SIGN. 
          OKAY. 
          YEAH. 
          SO YOU CAN DENY IT AND INDICATE YEAH, WE'LL DO, I'LL DO THE DENIAL AFTER. 
          OKAY. 
          SUBMITTED IN SUPPORT OF THIS APPLICATION OR AS SUCH, PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN. 
          PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN. 
          THE VARIANCES BEING GRANTED ARE FOR THE IMPROVEMENT SHOWN ON THE PLAN SUBMITTED IN SUPPORT OF THIS APPLICATION ONLY. 
          ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES WE HAVE APPROVED HEREIN. 
          SECOND, I HEAR AYE. 
          AYE. 
          AYE. 
          AYE. 
          UH, CHAIR. 
          ABSTAINS. 
          OKAY. 
          AND THEN I NEED TO DO THE SECOND MOTION. 
          I MOVE THAT THE APPLICATION IN CASE NUMBER 25 26 FOR, UM, LETTERING, UM, ON THE SIGN EXCEEDING, UM, APPROVED, UH, UH, SIGNAGE REQUIREMENTS, UM, BE DENIED. 
          SECOND, SECOND, SECOND APPROVED. 
          AYE. 
          AYE. 
          AYE. 
          HEREABOUTS. 
          AYE. 
          NEXT IS CASE 25 28. 
          THAT'S THAXTER ROAD. 
          AND NOW THEREFORE BE RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SEEK OF CONSIDERATION. 
          SECOND. 
          SECOND. 
          ALL FAVOR? AYE. 
          AYE. 
          AYE. 
          AYE. 
          AYE. 
          AYE. 
          CHAIR AYE. 
          AND DO WE HAVE A MOTION? UH, YES. 
          MADAM CHAIR. 
          I MOVE THAT THE APPLICATION IN CASE NUMBER 25 28 BE GRANTED PROVIDED THAT THE APPLICANT OBTAIN ALL NECESSARY APPROVALS AND FILES, SAME WITH THE BUILDING DEPARTMENT. 
          CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF THE BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLAN STAMPED RECEIVED SEPTEMBER 11TH, 2025 SUBMITTED IN SUPPORT OF THIS APPLICATION. 
          OR AS SUCH, PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN. 
          PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN. 
          THE VARIANCE BEING GRANTED IS FOR THE IMPROVEMENT SHOWN ON THE PLAN SUBMITTED IN SUPPORT OF THIS APPLICATION. 
          ONLY. 
          ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES WE HAVE APPROVED HEREIN. 
          SECOND. 
          ALL IN FAVOR A AYE. 
          AYE. 
          CHAIR VOTES. 
          AYE. 
          AND LAST, WE HAVE 25 30 15 DRAGO WAY WHEREAS THE GREENBERG ZBA HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO CA COMPLIANCE AND NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET CONSIDERATION. 
          DO WE HAVE SECOND MADAM CHAIR MAKE A MOTION. 
          OH, GOTTA VOTE. 
          SORRY. 
          YEAH, WE HAVE, WE HAVE A, WE HAVE A MOTION. 
          DOES ANYONE WAIT, WAIT. 
          FIRST WE CAN DO THE SPEAKER. 
          CAREFUL RIGHT? AYE. 
          AYE. 
          . 
          EVERYBODY SAY AYE. 
          AYE. 
          AYE. 
          AYE. 
          AYE. 
          WE SECONDED IT LOUIS. 
          SECONDED ALL CHAIR VOTE'S. 
          AYE. 
          NOW YOU CAN MOTION. 
          AND NOW DO WE HAVE A MOTION? YES. 
          MADAM CHAIR AND FELLOW BOARD MEMBERS THANK YOU 
          [05:00:01]
FOR THIS EVENING SPENDING TIME TOGETHER, UM, I MAKE A MOTION AND I MOVE THAT AN APPLICATION AND CASE NUMBER 25 DASH 30 BE GRANTED PROVIDED THAT ONE THE APPLICANT OBTAIN ALL NECESSARY APPROVALS AND FILE THE SAME WITH THE BUILDING DEPARTMENT. 
          TWO CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLANS DATED OCTOBER 9TH, 2024 AND STAMPED AND RECEIVED SEPTEMBER 12TH, 2025. 
          SUBMITTED IN SUPPORT OF THIS APPLICATION OR SUCH PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN. 
          PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN, THAN WHAT WE ARE GRANTING HEREIN. 
          THREE, THE VARIANCE IS BEING GRANTED. 
          R FOR THE IMPROVEMENTS SHOWN ON THE PLAN SUBMITTED IN SUPPORT OF THIS APPLICATION. 
          ONLY. 
          ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES. 
          EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, AND OTHER VARIANCES. 
          WE HAVE APPROVED HEREIN DUE TO THE LATENESS OF THE HOUR, THE FINDING SHALL BE SUBMITTED FOR THE RECORD AT A LATER DATE. 
          AND I SECOND YOUR MOTION. 
          YOU SECOND IT. 
          AYE. 
          AND I VOTE. 
          AYE AYE. 
          AYE. 
          CHAIR VOTES. 
          AYE. 
          AND WITH THAT LADIES AND GENTLEMEN, EVERYONE HAVE A BLESS. 
          BLESS. 
          BLESSED, BLESSED. 
          GOOD MORNING EVERYBODY. 
          GOOD.
* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.