* 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. PROGRESS. [ TOWN OF GREENBURGH ZONING BOARD OF APPEALS AGENDA THURSDAY, January 15, 2026 – 7:00 P.M. ] [00:00:05] MADAM CHAIR. I'M SORRY. THANK YOU. OKAY, SECRETARY DAVIS. ROLL CALL. SURE. OKAY, WE'RE GOING TO BEGIN OUR ROLL CALL EVE. BUNTING SMITH HERE IS PRESENT. KRISTY NECK HERE IS PRESENT. LOUIS CRITCHLOW HERE IS PRESENT. DIANE BERLEY HERE IS PRESENT. WILLIAM BLAND. PRESENT IS PRESENT. SHAUNA JENKINSON. PRESENT IS PRESENT. PETER BLAIR HERE IS PRESENT. AND THAT CONCLUDES OUR ROLL CALL. MADAM CHAIR. THANK YOU. AND WE NOW CAN MOVE AHEAD WITH THE ZONING BOARD OF APPEALS AGENDA FOR THIS AFTERNOON OR AFTERNOON, EVENING, I SHOULD SAY, IN JANUARY 15TH. OH, I DIDN'T, I HOPE EVERYBODY CAN HEAR ME. IF YOU CAN'T, JUST LET ME KNOW. THE MEETING OF THE ZONING BOARD OF APPEALS FOR TOWN OF GREENBURG WILL NOW COME TO OFFER. WE HAVE TO ORDER, WE HAVE THREE CASES SCHEDULED FOR TONIGHT'S MEETING. LOOKING FORWARD, THE ZONING BOARD WILL HAVE OUR NEXT REGULAR MEETING ON THURSDAY, FEBRUARY 13TH. PLEASE MARK YOUR CALENDARS ACCORDINGLY. WE MAY LIMIT TIME TO EACH HOUSE EACH, EACH CASE THAT WE HAVE. IF WE CANNOT FINISH HEARING A CASE, IT CAN BE ADJOURNED TO ANOTHER MEETING TO BE COMPLETED AT THAT TIME, AS IN THE PAST. IN ORDER TO SAVE TIME, WE'LL WAIVE A READING OF THE PROPERTY LOCATION AND THE RELIEF SOUGHT FOR EACH CA HOUSE. SORRY, I'VE BEEN DOING HOUSES TODAY. , UH, 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 MEETS TO DISCUSS THIS. EACH CASE. EVERYONE IS WELCOME TO LISTEN TO OUR DELIBERATIONS, BUT THE PUBLIC WILL NOT BE ABLE TO BE PERMITTED TO SPEAK OR PARTICIPATE AFTER OUR DELIBERATIONS ON ALL THE CASES. WE THEN WILL ANNOUNCE WHAT THE BOARD'S DECISION IS FOR THE FORMAL RECORD AND TO BROADCAST IT TO THE COMMUNITY. IF YOU'RE GOING TO SPEAK TONIGHT, PLEASE, YOU MUST COME UP TO THE MICROPHONE. STATE YOUR NAME, ADDRESS, OR YOUR PROFESSIONAL AFFILIATION. AND WE HAVE HEARD TESTIMONY ON ONE OF THESE CASES AT PRIOR MEETINGS. AND THE PRIOR TESTIMONY THAT IS IN THE RECORD ALREADY SHOULD NOT BE REPEATED BEFORE I GO ANY FURTHER. I KNOW, AND I SEE WE HAVE A LOT OF PEOPLE HERE THIS EVENING, AND SOMETIMES I KNOW YOU HEAR THINGS THAT YOU DON'T AGREE WITH AND YOU SPOUT IT OUT. THAT DOESN'T HELP PEOPLE WHO ARE NOT HERE TO SEE THAT. SO ANYONE WHO WANTS TO MAKE A STATEMENT WILL HAVE THE OPPORTUNITY TO DO THAT. BUT YOU SHOULD COME UP WITH THE, COME UP TO THIS MICROPHONE SO THAT IT CAN GET ON THE, ON THE, I'M SORRY. SO IT CAN GET IN THE TRANSCRIPT THAT WE WILL HAVE THIS EVENING SO THAT IN ANY EVENING COMES AROUND THAT SOMEONE NEEDS TO FIND OUT WHAT WAS SAID EXACTLY BECAUSE THEY DIDN'T HEAR IT CORRECTLY OR WANTED TO MAKE A STATEMENT AND CHANGE IT. SO I'VE SAID ENOUGH. SO THE THANK YOU, THE FIRST CASE. WE WILL HEAR TESTIMONY TONIGHT. THIS CASE 25 30 TACO BELL, 57 NORTH CENTRAL AVENUE. GOOD EVENING. MEMBERS OF THE BOARD, UH, MATT BARRONS FROM THE LAW FIRM'S ERR ASSIGNMENTS ON BEHALF OF THE APPLICANT HERE. UM, WE HAVE A FULL, UH, A DECK OF PRESENTATION LINED UP FOR YOU TONIGHT. WE'VE GOT OUR TWO ENGINEERS HERE. WE HAVE A MEMBER OF OUR, UM, NOISE CONSULTANT TEAM HERE. AND WE HAVE A MEMBER FROM OUR ARCHITECTURE TEAM HERE AS WELL. UH, WE'RE GONNA BE PROVIDING A FULL, UH, THOROUGH PRESENTATION. UM, BACK TO THIS BOARD. AS YOU KNOW, THIS IS A VARIANCE APPLICATION. THE CENTRAL INQUIRY THAT THIS BOARD HAS UNDERTAKEN HAS BEEN AROUND WHETHER THERE ARE ONE ADVERSE IMPACTS WITH THE PROJECT, AND TWO, UM, ADVERSE IMPACTS THAT HAVE NOT BEEN REASONABLY MITIGATED. UM, WE'VE HEARD AND WE'VE APPRECIATED A LOT OF THE, THE FEEDBACK AND LETTERS AND EMAILS FROM MEMBERS OF THE PUBLIC, ESPECIALLY THE NEIGHBORS, UM, TO THIS PROPERTY FROM HART. SO GARDENS, UM, WE'VE KIND OF BOILED DOWN THE TWO AREA AREAS OF CONCERN REALLY AROUND NOISE AND [00:05:01] TRAFFIC. WE'VE CERTAINLY DONE OUR STUDIES ON BOTH. YOU'VE HEARD A BUNCH OF THE TRAFFIC STUDIES ALREADY. WE HAVE SUPPLEMENTED THOSE STUDIES. UM, WE'VE ALSO COMMISSIONED AN INDEPENDENT, UH, PROFESSIONAL NOISE CONSULTANT GROUP TO DO NOISE STUDIES. SO WE'RE EXCITED TO PRESENT THOSE FINDINGS TO YOU ALL AND WALK THROUGH THE METHODOLOGIES. UM, AND SO ON. JUST TO REMIND EVERYBODY, THIS APPLICATION HAS MEANINGFULLY EVOLVED. IT HAS BEEN SCALED BACK IN TERMS OF THE VARIANCES NEEDED SINCE OUR FIRST APPEARANCE IN FRONT OF YOUR BOARD, THE APPLICANT HAS ELIMINATED SIX SIGN VARIANCES. WE'VE REMOVED THE MURALS, WE'VE REDESIGNED THE WALL SIGNAGE TO COMPLY WITH CENTRAL AVENUE HEIGHT REQUIREMENTS AND RE WE'VE REMOVED LETTERING FROM THE NORTH ELEVATION. WE'VE ALSO REDUCED THE REQUESTED BUILDING HEIGHT FROM 24.1 FEET TO 21.1 FEET BY ELIMINATING COMPLETELY THE TOWER ELEMENT. AND THAT DIRECTLY RESPONDS TO THIS BOARD'S ARCHITECTURAL FEEDBACK. AS OUR ARCHITECTURAL TEAM, WE UNFORTUNATELY CAN'T GO ANY LOWER WITHOUT SHOWING, UH, THE MECHANICALS, WHICH IS WHY WE'RE, WE'RE KEEPING THE PROPOSAL AT 21 FEET NOISE. WE COMMISSIONED AN INDEPENDENT PROFESSIONAL NOISE STUDY USE USING ACTUAL FIELD MEASUREMENTS. AND AS YOU CAN IMAGINE, THE EXISTING AMBIENT NOISE IS DOMINATED BY THE CENTRAL PARK AVE TRAFFIC. THE MODELED PROJECTED NOISE FROM THE PROJECT, IN ADDITION TO THE EXISTING LEVELS ON CENTRAL PARK AVE, IS WELDED BELOW THE TOWN CODE LIMITS REQUIREMENTS AND WOULD BE MINIMALLY TO NOT PERCEPTIBLE AT THE BUILDING LINE OF THE HARTSDALE GARDEN BUILD. AND AGAIN, DANA, OUR NOISE CONSULTANT WILL WALK THROUGH THE METHODOLOGY, WALK THROUGH THE FIELD MEASUREMENTS, WHAT TIME OF DAY, ALL OF THAT, AND I'M SURE YOUR BOARD WILL HAVE A TON OF GOOD QUESTIONS. THE REASON FOR THAT MULTIPLE BUILT-IN CONTROLS, THE LOCATION AND THE ORIENTATION OF THE OUTDOOR SPEAKER BOARD, THE AUTOMATIC VOLUME CONTROL OF THE SPEAKER BOARD THAT RESPONDS TO AMBIENT NOISE LEVELS IN THE SURROUNDING AREA AND THE HIGH TECH FENCING THAT WILL RUN ALONG THAT DRIVE THROUGH LANE. I THINK THERE'S BEEN A LITTLE BIT OF A MISCONCEPTION AROUND THE DRIVE THROUGH. THIS IS NOT SOME RACEWAY, THIS IS NOT SOME YONKERS MOTORWAY, UH, GOING ON. THIS IS SLOW VEHICLE TRAFFIC. AND SO WE'LL GO IN HOW WE NOISE AND PROJECT THAT WE ARE TRYING TO BE GOOD FAITH NEIGHBORS. WE ARE, AS YOU SAW FROM THE, THE ZA DIAMONDS COVER LETTER, WE'RE, UH, VOLUNTARILY OFFERING UP A CONDITION TO FUND INTO ESCROW, SOME KIND OF POI POST OPENING NOISE MONITORING. THIS WOULD BE AN INDEPENDENT NOISE CONSULTANT THAT WOULD COME BACK OUT AFTER OPERATIONS TO MAKE SURE THAT COMPLIANCE WITH THE TOWN CODE, LIKE PUTTING OUR MONEY WHERE OUR MOUTH IS, IS ACTUALLY HAPPENING. AND WE'LL, WE COULD TALK THROUGH ANY OF THE MECHANICS OF THAT WITH TRAFFIC. UM, WE'VE ALREADY DONE MANY STUDIES FOR THE LAST COUPLE MONTHS THIS PAST YEAR, REALLY. UM, AND WE'VE UPDATED THOSE COUNTS MORE RECENTLY WITH LATE 2025 COUNTS AND USED CONSERVATIVE ASSUMPTIONS. WE'VE SHOWN THAT THERE WOULD BE SIMILAR LEVELS OF SERVICE BETWEEN THE NO BUILD AND BUILD CONDITIONS. THERE WAS OBSERVED TURNING DELAYS THAT ARE CONSISTENT, COMPARABLE WITH THE NEARBY DRIVEWAYS ON THE CORRIDOR. AND AS I HOPE WE'LL HEAR FROM THE TOWN'S TRAFFIC CONSULTANT, MR. CANNING, WHO CONCURS WITH A LOT OF JCS ANALYSIS. BUT EVEN SO, THE APPLICANT IS WILLING AT THIS POINT TO OFFER PROACTIVELY A RESTRICTION ON LEFT TURNS IN AND LEFT TURNS OUT, NOTWITHSTANDING, WE BELIEVE THE DATA SHOWS THAT THERE WOULD BE NO ADVERSE IMPACTS. WE ARE STILL WILLING TO COMMIT TO A RESTRICTION IF THE BOARD AND AND TOWN CONSULTANT AND DOT DETERMINE, DETERMINE NECESSARY. SO JUST BRIEFLY, WE'VE RESPECTFULLY ASKED THIS BOARD AS IT'S DONE TO EVALUATE THIS APPLICATION ON THE MERITS, NOT ONLY BASED OFF OF EMOTION AND IMPORTANT GUT FEELINGS AND GUT REACTIONS, BUT ALSO THE EMPIRICAL DATA, THE DATA IN THE RECORD BEFORE. AND WE APPRECIATE THE BOARD'S ENGAGEMENT THROUGH THIS PROCESS. LET'S FIRST GO TO DANA TO TALK THROUGH OUR NOISE STUDY, OUR METHODOLOGY, AND OUR CONCLUSIONS. THANK YOU. HI, GOOD EVENING, DANA FROM BE LANG ASSOCIATES, THREE 80 NORTH BROADWAY, JERICHO, NEW YORK. UM, OUR FIRM DID THE SOUND STUDY FOR THE PROJECT AT 57 NORTH CENTRAL. EXCUSE COULD JUST PUT THE MICROPHONE. OH, SURE. A LITTLE LOWER. THANK YOU. CAN YOU HEAR ME BETTER? OKAY, GOOD. SORRY ABOUT THAT. UM, SO WE UNDERTOOK THE SOUND STUDY TO DETERMINE IF THERE WERE ANY POTENTIAL NOISE IMPACTS ASSOCIATED WITH THE CONSTRUCTION OF THE PROJECT. AND WITH THE DATA THAT WE COLLECTED, WE ANALYZE THAT TOWARDS THE TOWN, CHAPTER CODE THREE 80, AND FROM OTHER GUIDANCE SUCH AS DEC, [00:10:01] ASSESSING AND MITIGATING, UH, NOISE IMPACTS. SO, UH, WHAT, WHAT'S THAT? ME? RIGHT? THAT'S THE LINE. UM, SO OUR ANALYSIS STARTS WITH, UM, AMBIENT MEASUREMENTS. UM, AND YOU CAN SEE THE SLIDE ON THE BOARD. UM, ESSENTIALLY OUR AMBIENT DATA IS TAKEN WITH A TYPE ONE ENVIRONMENTAL SOUND LEVEL METER. UM, IT'S SET TO A WEIGHTED FILTER, WHICH CLOSELY MIMICS THE HUMAN EAR. WE TOOK SAMPLES AT TWO LOCATIONS. UH, THE FIRST LOCATION WAS THE PROJECT SITE AND THE SECOND LOCATION WAS AN EXISTING TACO BELL AND BRIARCLIFF MANOR. UM, WE TOOK DAY SAMPLES AND WE ALSO TOOK A WEEKEND SAMPLE AT BOTH THOSE LOCATIONS. UM, UH, ALL THE DATA PRESENTED IS AN LEQ, WHICH IS THE AVERAGE EQUIVALENT SOUND LEVEL. UM, BUT IN THE APPENDIX OF OUR ANALYSIS, UH, YOU CAN ALSO SEE, UH, SEPARATE METRICS INCLUDING THE STATISTICAL AND ALSO OCTA BEND DATA. UM, THIS FIRST SLIDE IS A LOCATION MAP OF WHERE AMBIENT DATA WAS COLLECTED AT THE PROJECT SITE. UH, WE COLLECTED, UM, ONE SAMPLE ON EACH PROPERTY BOUNDARY, NORTHEAST, SOUTHWEST, AND ALSO A WEEKEND SAMPLE. UM, OUR MEASUREMENTS WERE DOMINATED BY VEHICLE TRAFFIC ALONG NORTH CENTRAL AVENUE. UM, WHICH SAMPLE LOCATION NUMBER FOUR OBVIOUSLY HAD THE GREATEST, UM, MEASUREMENTS AT BETWEEN 67 AND 68 DECIBELS, WHICH IS SIGNIFICANT FOR, UM, OR NORMAL, TYPICAL OF A ROADWAY SAMPLE LOCATION ONE, WHICH WAS ON THE PROPERTY BOUNDARY CLOSEST TO THE APARTMENT BUILDING. UM, OUR DAYTIME SAMPLE WAS 59 DECIBELS AND OUR PM PEAK, WHICH IS USUALLY BETWEEN THE HOURS OF FOUR TO 6:00 PM WAS 58 DECIBELS. UH, THE WEEKEND SAMPLE WE TOOK WAS 43 HOURS. THE AVERAGE OF THAT SAMPLING MEASUREMENT WAS 55 DECIBELS. AND THE ANALYSIS REPORT THERE, YOU COULD SEE THAT WE BROKE DOWN THAT 43 HOURS HOURLY TO GIVE YOU AN LEQ OF EACH HOUR. UM, MOSTLY THE EQS WERE IN THE MID FIFTIES. THE QUIETEST PERIOD WAS BETWEEN 3:00 AM AND 7:00 AM ON SUNDAY. AND THOSE DECIBELS WERE BETWEEN 45 AND 49. UM, BUT THE REMAINDER OF THE TIME, IT WAS IN THE FIFTIES AT THAT LOCATION. OKAY. UM, SIMILARLY AT THE BRIARCLIFF LOCATION, WE TOOK A ONE HOUR SAMPLE AND OUR SAMPLE'S APPROXIMATELY 21 FEET FROM THE EXISTING SPEAKER POSTS AT THIS LOCATION. UM, AND WE HAD AN LEQ AN AVERAGE FOR THAT ONE HOUR OF 58 DECIBELS FOR THE WEEKEND SAMPLE, WHICH IS THE SAME LOCATION WHERE THAT S IS ORIENTED. UM, IT WAS APPROXIMATELY 45 HOURS AND THE OVERALL AVERAGE WAS 55 DECIBELS. AND AGAIN, AND AGAIN IN THE ANALYSIS REPORT, WE BROKE DOWN THAT AVERAGE INTO HOURLY LEQ DATA. SO YOU CAN SEE THAT. UM, BUT AGAIN, LEVELS WERE PRETTY MUCH IN THE FIFTIES. I THINK THERE WAS 60 WAS OUR HIGHEST AND OUR LOWEST WAS 49, WHICH WAS IN A SIMILAR THREE TO 7:00 AM WINDOW. UM, THIS SOUND PROPAGATION ILLUSTRATION OF THE DRIVE THROUGH, UM, IS A DEPICTION OF THE REDUCTION OF DECIBELS FROM, AS A RESULT OF DISTANCE ATTENUATION. FOR EVERY DOUBLING OF A DISTANCE, SOUND IS REDUCED BY SIX DECIBELS. UM, SO THIS IS SORT OF A RAW DATA, UM, ILLUSTRATION FOR YOU TO SEE. THE SPEAKER POST AT ONE FOOT HAS A SOUND PRESSURE LEVEL OF 84 DECIBELS. UM, SO FROM THERE, IF WE DOUBLE THE DISTANCE TO TWO FEET, IT'S 78 DECIBELS, FOUR FEET, 72 DECIBELS, EIGHT FEET, 66 DECIBELS, 60, 66 DECIBELS AND SO ON. UM, SO I THINK THE SPEAKER POST IS APPROXIMATELY 1620 FEET FROM THE, UM, PROPERTY BOUNDARY. SO AT THAT PROPERTY BOUNDARY, YOU GET 66 DECIBELS. UM, AS YOU CAN SEE, THE RESULT IN DECIBELS AT THE APARTMENT BUILDING IS 42. AND AGAIN, THIS IS JUST RAW, UM, DATA, NO MITIGATION APPLIED, UM, WHICH YOU CAN SEE IS SIGNIFICANTLY LESS THAN THE AMBIENT, WHICH WAS IN THE MID TO HIGH FIFTIES. UM, AND THIS IS ALSO FOR A RECEPTOR THAT'S OUTSIDE OF THE BUILDING. IF THERE WAS A RECEPTOR INSIDE THE BUILDING, WE WOULD EXPECT, UM, SIGNIFICANT D DECREASE IN SOUND PRESSURE LEVELS. UM, YOU'D BE IN THE MID THIRTIES, UM, MINIMAL. UM, 'CAUSE USUALLY IT CAN BE UP TO 15 TO 25 DECIBELS LESS INSIDE OF A BUILDING. UM, IF WE WANTED TO, AND THIS IS JUST STRICTLY STRICTLY FOR THE SPEAKER POST, IF WE WANTED TO ADD IN TO THIS FIGURE, WHICH I DIDN'T HEAR IN THE REPORT, BUT, UH, LIGHT AUTOMOBILE TRAFFIC. UM, SO THAT'S TYPICALLY 50 DECIBELS AT 50 FEET. SO IF WE BE, UM, BUILDING AND HAD A DROP OF SEA, A DROP OF SIX DECIBELS EVERY, UM, DOUBLING OF THE MEASUREMENT, UM, WE WOULD BE AT 44 DECIBELS. SO AGAIN, SIGNIFICANTLY LESS THAN THE AMBIENT, WHICH WAS MEASURED [00:15:01] ON THAT PROPERTY BOUNDARY, WHICH WAS 58 DECIBELS. UM, WE CAN ADD THOSE TWO TOGETHER, THE SPEAKER POST AND THE AUTOMOBILE TRAFFIC TO GET A CUMULATIVE NUMBER. UM, NOISE IS LOGARITHMIC. IT'S NOT LINEAR, SO WE'RE NOT ADDING 44 AND 42. UM, ESSENTIALLY WHAT WE WOULD DO IN THIS CASE IS WE SUBTRACT THE TWO, SEE WHAT THE DIFFERENCE IS, AND THEN IN THIS CASE WE ADD TWO DECIBELS TO THE HIGHER NUMBER. SO IF WE ADD THOSE TWO SOUND SOURCES TOGETHER, WE'RE AT 56 AT THE BUILDING, WHICH IS CONSIDERED QUIET AND IS STILL SIGNIFICANTLY LESS THAN THE AMBIENT MEASUREMENT, UM, IN THIS LOCATION. AND AGAIN, THIS IS JUST RAW DATA WITH THE SPEAKER POST AND THE CARS AND NO ADDITIONAL, UM, PROPOSED MITIGATION. UM, SO THE RAW DATA ESSENTIALLY IS COMPLIANT WITH CHAPTER THREE 80 OF THE NOISE CODE, UM, WHICH ALLOWS FOR UP TO 65 DECIBELS. SO, UM, WE DO COMPLY WITH THAT. UM, BUT THE APPLICANT HAS OFFERED SEVERAL MEANS OF MITIGATION TO OFFSET ANY POTENTIAL NOISE IMPACTS AND ALSO BE A GOOD NEIGHBOR. UM, SO THE FIRST ONE IS THE ORIENTATION OF THE SPEAKER POST. IT'S ORIENTED IN A WESTERLY DIRECTION. SO IT'S POINTED NOT TOWARDS THE APARTMENT BUILDING, WHICH YOU CAN EXPECT SOUND REDUCTION FROM IN THAT, IN THAT DIRECTIONAL PLACEMENT. UM, BUT THAT DIRECTIONAL PLACEMENT AND THE SOUND REDUCTION AS A RESULT OF THAT IS ACTUALLY NOT INCLUDED IN OUR CALCULATIONS. IN ADDITION, THEY ALSO HAVE THE AUTOMATIC VOLUME CONTROL, WHICH CAN REDUCE DECIBELS UP TO 24, UM, DEPENDING ON THE AMBIENT SOUND LEVELS IN THE ENVIRONMENT. UM, SO THAT IS ANOTHER FORM OF MEDICATION, BUT AGAIN, NOT ADDRESSED IN OUR CALCULATIONS. SO THESE ARE TWO ITEMS THAT WE WOULD EXPECT A DIFFERENT, UH, YOU KNOW, AN ANOTHER REDUCTION FROM, UM, THE APPLICANT HAS ALSO PROPOSED A SIMTECH OR EQUIVALENT SOUND ATTENUATING FENCE, UM, ALONG THE DRIVE THROUGH LANE BETWEEN THE PARKING LOT AND THE DRIVE THROUGH. AND THIS SPECIFIC, UM, FENCE HAS AN SEC RATING STC RATING OF 26. UM, AND THAT'S A REDUCTION MEASUREMENT THAT IS COMMONLY USED FOR MATERIAL. AND IT, AND IT JUST DETERMINES, UH, WHAT NOISE IS BLOCKED FROM AIRBORNE NOISES BLOCKED AS A RESULT OF THAT PHYSICAL BARRIER. UM, SO IN THIS SLIDE YOU CAN SEE THAT, UM, THE ONLY MITIGATION THAT I'VE USED TO DETERMINE THE RESULT IN IS THE SIMTECH FENCE IS THE SAN TENUE FENCE OR EQUIVALENT. AND YOU CAN SEE ONCE WE GET TO THE BUILDING, OUR RESULT IN DBA IS 20, WHICH IS SIGNIFICANTLY LESS THAN THE AMBIENT, UM, COMPLIANT WITH CHAPTER THREE 80 AND ALSO BARELY AUDIBLE. 20 DECIBELS IS BARELY AUDIBLE. AND THAT'S ON THE OUTSIDE. AND THAT'S ON THE OUTSIDE OF THE BUILDING? CORRECT. SO AGAIN, IF, IF WE'RE INSIDE THE BUILDING, YOU WOULD EXPECT ANOTHER 10 OR SO DECIBEL DECREASE IN SOUND LEVEL. UM, SO WHEN YOU'RE OUTSIDE THE BUILDING AT THIS POINT, YOU'RE STILL JUST HEARING THE VEHICLE TRAFFIC ALONG, UM, NORTH CENTRAL AVENUE. UM, SO WITH THIS AND WITH THE MITIGATION IMPOSED, UM, WE DON'T ANTICIPATE ANY ADVERSE OR SIGNIFICANT IMPACTS WE'RE COMPLIANT WITH THE TOWN CODE. AND ALSO, UM, THOSE LEVELS ARE CONSIDERED QUIET. ARE YOU WAITING FOR QUESTIONS? OH, DO YOU HAVE ANY QUESTIONS OR? YEAH, WE HAVE QUESTIONS. OKAY. , DO YOU WANNA GO FIRST OR I'LL GO FIRST. UM, I'M GLAD YOU, I'M GLAD YOU MENTIONED THE IDEA OF SOUND BEING ADDITIVE. YES. I WAS JUST IN A RESTAURANT. I GOT THERE AT FIVE O'CLOCK AND IT WAS PRETTY QUIET WITH PEOPLE, BUT AS MORE PEOPLE CAME, IT GOT LOUDER AND LOUDER AND LOUDER. SO WHEN YOU SAY THE, UM, THE SPEAKERS 42 DECIBELS MM-HMM . AND THE AMBIENT IS 55 MM-HMM . AND YOU'RE SAYING BECAUSE OF THAT, YOU'RE ONLY GETTING TWO DECIBELS? I'M MAKING IT 56, 57. I FIND THAT TO BE A LITTLE BIT DIFFERENT, BUT I'M GONNA ASK YOU A WHOLE BUNCH OF QUESTIONS. OKAY. LEMME KNOW IF YOU WANT ME TO RESPOND. OKAY. WELL, I JUST WANNA CLARIFY QUICKLY THAT, UM, SO IF YOU ARE ADDING SOUND SOURCES 42 AND 58, THERE ACTUALLY IS NO DIFFERENCE BECAUSE THERE'S GREATER THAN 10 DECIBELS. SO IT WOULD JUST BE 58, WHICH WOULD BE THE AMBIENT. BUT WHEN WE'RE ADDING, UM, THE SPEAKER POST AND THE LIGHT VEHICLE TRAFFIC, THERE WAS 42 AND 44. AND BECAUSE THERE'S TWO DECIBEL PARTS, THE WAY THAT IT WORKS IS YOU ADD TWO DECIBELS TO THE HIGHER NUMBER. SO, OKAY. SO WHAT ARE YOU ADDING TO THE 55 FOR THESE? WELL, SO IF THE DIFFERENCE BETWEEN THESE TWO SOUND SOURCES IS GREATER THAN 10, THERE'S NO ADDITION. OKAY. SO SAYS WHOM, UM, SO I INCLUDED A CHART IN THE REPORT IN [00:20:01] THE ANALYSIS, BUT, UM, THIS IS, IT'S COMES FROM, IT'S, YOU KNOW, MATHEMATICS, IT'S LOGARITHMIC FOR SOUND. AND IF YOU LOOK AT THE REPORT, I COPIED A CHART FROM NEW YORK STATE DEC, AND IT BASICALLY TELLS YOU HOW TO ADD DECIBELS. SO YOU'RE SAYING, SO ONCE THERE'S A 10 DECIBEL DIFFERENCE, THERE'S NO DECIBELS, BECAUSE THAT SOUND IS MUCH GREATER, YOU'RE NOT GOING TO HEAR THAT LOWER LEVEL SOUND PRESSURE LEVEL. OKAY. SO, SO YOU'RE SAYING THERE'S NO ADDED SOUND, WHAT YOU'RE SAYING, IF IT'S GREATER THAN NO ADDED NOISE FROM THE CARS, THE SPEAKER AND EVERYTHING. OKAY, LET'S, LET'S GO ON TO SOMETHING ELSE. UM, WELL, THOSE SOUND LEVELS, JUST TO CLARIFY. SO WITHOUT ANY MITIGATION, YOU WOULD BE AT 46 AT THE BUILDING. SO 46 DISABLES IS CONSIDERED QUIET, BUT IT'S AUDIBLE. YOU CAN HEAR IT. YOU WOULDN'T, YOU WOULDN'T BE 46, YOU'D BE 55 START YOUR BASE IS 55. WELL, I'M SAYING LIKE WITH THE PREDICTED SOUND LEVELS OF THE PROJECT, YOU WOULD BE 46 AT THE BUILDING WITH NOT INCLUDING THE AMBIENT, JUST THE PREDICTED SOUND LEVELS OF THE PROJECT, WHICH INCLUDE THE LIGHT AUTO TRAFFIC AND THE SPEAKER POST. OKAY. YOU, SO, UM, FIRST OF ALL, WHEN YOU MEASURED YOUR WEEKEND AMBIENT, UM, TRAFFIC NOISE, YOUR NEED, YOUR, UM, ACCORDING TO YOUR PHOTOGRAPH SIX, THE LOCATION OF THE NOYCE MONITOR EQUIPMENT WAS NESTLED UNDER AND INSIDE TREES. IT WAS NOT NEAR ANYTHING COMPARABLE TO THE OPEN PARKING LOT AND THE BUILDING WINDOWS THAT THAT'S JUST NOT COMPARABLE. WELL, YES. SO, AND IT'S PROBABLY NOT EVEN A GREAT MEASUREMENT OF THE STREET TRAFFIC BECAUSE YOU'RE NESTLED IN THE TREES AND I'M USING YOUR PHOTO. YEP. SO YES, THE STAND IS NESTLED IN THE TREES. AND, AND SO THAT'S FOR THE PROTECTION OF THE EQUIPMENT, BUT THE MICROPHONE WAS POINTED OUT IN THE DIRECTION OF THE SITE. SO I CAN'T TAKE AMBIENT MEASUREMENTS ON SOMEBODY ELSE'S PROPERTY, SO I DO IT AT THE PROPERTY BOUNDARY. NO, BUT YOU COULD HAVE PUT IT IN THE PARKING LOT OF HONEYBAKED CAMP. THAT WAS JUST IT, IT DIDN'T NEED TO BE, WOULDN'T NESTLED IN THE TREES. THAT WAS OUR, THAT WAS OUR WEEKEND SAMPLE. YES. BUT OUR RIGHT, THAT'S, I'M SAYING THAT I HAVE A LITTLE BIT OF TROUBLE FINDING THAT TO BE A VALID MEASUREMENT LOCATION, BUT WE'LL GO ON. SO I JUST WANNA SAY THAT LOCATION WAS PICKED PURPOSELY BECAUSE IT WAS IN THE LINE OF THE DIRECTION OF THE PROPOSED SPEAKER POST. RIGHT. THE OTHER THING THAT AS, UM, I I, THERE WERE, THERE WERE NO WEEKNIGHT SAMPLES. WHAT WAS THE REASON FOR THAT? I MEAN, PEOPLE, WHEN YOU'RE LIVING SOMEWHERE, YOU KNOW, YOU EXPECT NOISE ON THE WEEKEND, BUT YOU DON'T EXPECT IT ON WEEKNIGHT. AND I'M CURIOUS AS TO WHY YOU DIDN'T DO ANY WEEKNIGHT SAMPLES. I MEAN, TYPICALLY WE WILL DO AN AM PEAK, A SEVEN BETWEEN SEVEN TO NINE A MIDDAY, WHICH IS LIKE 11 TO ONE, AND THEN WE DO A PM PEAK. UM, THAT'S OUR STANDARD. UM, IN THIS CASE, WE WANTED TO DO, UH, WEEKEND SAMPLE OUT OF SOME OF, I GUESS THE COMMENTS AND CONCERNS OF THE NEIGHBORS. UM, SO THAT'S, THAT'S JUST THE SAMPLING METHODOLOGY WE DID. NO, I UNDERSTAND THAT THAT'S YOUR SAMPLING METHODOLOGY. YES. BUT I THINK ONE OF THE MAIN CONCERNS OF THE NEIGHBORHOOD WAS THE WEEKNIGHT. OKAY. AND, AND THAT SEEMS TO NOT HAVE BEEN INCLUDED HERE. I MEAN, IT MIGHT SEEM LIKE THE WEEKNIGHT MIGHT HAVE BEEN, YOU KNOW, MORE ACTIVE THAN THE WEEKEND, SO WE'D BE CONJECTURING. RIGHT. YOU KNOW, AND I DON'T WANNA DO THAT. UM, THE OTHER THING IS, UM, I, YOU KNOW, DRIVE-THROUGHS HAVE OTHER NOISES, UM, THAT I'M WONDERING, I DIDN'T, DIDN'T SEE INCLUDED. YOU KNOW, YOU'VE GOT SOMEBODY WHO'S IN LINE AND THEY START TEXTING AND THEY DON'T MOVE FORWARD. YOU CAN GET PEOPLE HONKING HORNS. SO I DIDN'T SEE THAT TAKEN INTO ACCOUNT, AND I ALSO DIDN'T SEE LIKE A MOTORCYCLE TAKEN INTO ACCOUNT. AND I, I THINK I LOOKED UP THE DECIBEL RANGE OF THOSE THINGS. AND A, A MOTORCYCLE IDLING IS 80 DECIBELS UP TO 110 WHEN IT'S ACCELERATING. UM, HORNS ARE A HUNDRED. WELL, SO THERE'S A BIG DIFFERENCE IF IT'S THE SOUND POWER LEVEL OF A MOTORCYCLE VERSUS THE SOUND PRESSURE LEVEL. SO IF IT'S 80 DECIBELS, IS THAT ONE FEET FROM THE MOTORCYCLE, BECAUSE THEN IT'S SIMILAR DISTANCE ATTENUATION. YOU KNOW, ONCE YOU HIT A HUNDRED FEET, YOU'RE, YOU'RE GOING TO BE DOWN IN THAT 40 DECIBEL RANGE. UM, AND WITH THE SOUND ATTENUATING FENCE, THAT'S GONNA REDUCE IT DRASTICALLY. I DON'T, I DON'T KNOW IF YOU'VE LIVED IN NEAR SOMEBODY WHO OWNS OWN A MOTORCYCLE, BUT I CAN TELL YOU AT A HUNDRED FEET IT IS NOT QUIET. UM, AND ANOTHER THING THAT WAS, UH, SAID IS THAT, UH, IS GARBAGE TRUCKS. AND WE WERE TOLD THAT THE GARBAGE WILL BE COLLECTED BETWEEN [00:25:01] 2:00 AM AND 6:00 AM AND A GARBAGE TRUCK IS 88 TO 118 DECIBELS. AND THAT'S, YOU KNOW, TRAVELING IN A CLEAR SPACE. UM, DON'T, DON'T RESPOND. SO I HAVE, I'M, I'M CURIOUS THAT THE ISSUE IS PEOPLE, PEOPLE'S PREEN ENJOYMENT OF SLEEP IN THEIR HOME. SURE. AND IF THIS IS A PLACE THAT IS GOING TO HAVE GARBAGE TRUCKS AT TWO OR THREE IN THE MORNING AND MOTORCYCLES AT ANY TIME, OR HORNS HONKING AT ANY TOR, BECAUSE IT WILL BE OPEN MOST, I THINK IT HAS TO STAY OPEN 24 HOURS OR SOMETHING. BUT, SO I, I'M CONCERNED THAT THE STUDY DIDN'T INCLUDE THAT FOR THE PROPER ENJOYMENT OF THEIR HOMES. I'M ALSO CURIOUS THAT THE BACK WALL, THE RETAINING WALL IS BEING MOVED BACK FURTHER AND IT'S INCREASING IN HEIGHT. AND I COULDN'T TELL FROM THE DRAWINGS, BUT IT LOOKED LIKE IT WAS GONNA INCREASE 12 TO 16 FEET. THAT BACK WALL, WHICH IS NOW LIKE FIVE AND A HALF FEET TALL. MM. YOUR SOUND ATTENUATING FENCE IS SIX FEET TALL, WHICH MEANS THAT THE CANYON, ALL THAT NEW BACK WALL SPACE IS A CANYON THAT WILL REFLECT THE SOUND, WHICH THE SPEAKER IS FACING TOWARDS, AND WILL REFLECT IT TOWARDS THE APARTMENT BUILDING. UM, I HAVE ANOTHER RESIDENCE AND I AM, UH, THERE'S A BUILDING UNDER CONSTRUCTION THAT'S PRETTY MUCH THE SAME DISTANCE. IT'S MAYBE EVEN MORE THAN THE DISTANCE BETWEEN THIS PARKING, THIS DRIVE THROUGH AND THE BUILDING NEXT DOOR. AND, UM, THREE MORNINGS AGO I WAS AWAKENED AT SEVEN 10 IN THE MORNING WITH HAMMERS. AND THAT WOULD PROBABLY, YOU KNOW, AND I LIVE IN A BUSY, VERY BUSY MANHATTAN NEIGHBORHOOD. I HAVE, I HAVE A RESIDENCE THERE. SO IT, IT'S NOT THAT THERE'S NO AMBIENT NOISE THERE EITHER MM-HMM . BUT THE FACT THAT I COULD HEAR A HAMMER MAKES ME VERY CONCERNED ABOUT A HORN OR A MOTORCYCLE OR A GARBAGE TRUCK WAKING PEOPLE UP IN THE MIDDLE OF THE NIGHT. UM, SO I'M TRYING TO, I, I KNOW THE SIMTECH FENCE IS BEING PUT UP, BUT I'M WONDERING, GIVEN THE CANYON THAT'S BEING CREATED AT A MUCH GREATER HEIGHT, HOW EFFECTIVE THAT SIMTECH FENCE IS IN NOISES, INCLUDING THE SPEAKER THAT'S GONNA BE AIMED TOWARDS THE CANYON WALL. UM, I'M JUST TRYING TO GET YOU ALL MY NOTES HERE. UM, THAT'S, UH, THAT'S PRETTY MUCH THE ISSUES THAT I FIND CONCERNING ABOUT THE REPORT. I HAVE JUST REALLY ONE QUESTION. SURE. UM, AS YOUR COMPARISON TACO BELL, HOW DID YOU PICK BREYER? CLIFF MANOR? UM, IT'S OWNED BY THE APPLICANT, SO, UM, IT WAS JUST HAD A SIMILAR SPEAKER POST. UM, AND WE WERE ABLE TO EASILY ACCESS IT TO TAKE AMBIENT MEASUREMENTS. OKAY. BUT IT'S NOT SIMILAR IN LOCATION OR POTENTIALLY TRAFFIC WHEN YOU HAVE TACO BELLS ON CENTRAL AVENUE AND YONKERS OR MORE THAT ARE REALLY PART OF THE COMMUNITY WHERE YOU COULD JUDGE WHAT IT'S REALLY DOING TO THOSE NEIGHBORHOODS. RIGHT. BRIARCLIFF MANOR IS VERY, VERY DIFFERENT THAN CENTRAL AVENUE. SO I DON'T SEE AN APPLES AND APPLES COMPARISON. IT'S AN APPLES AND ORANGES COMPARISON. ITS LOCATION IS STILL ALONG ROUTE NINE, WHICH IS A PRETTY SIGNIFICANTLY HEAVY, HEAVY TRAVEL ROADWAY, UM, IN KIND OF A COMMERCIALLY AREA. THERE IS RESIDENTIAL BEHIND THAT TACO BELL AS WELL. SO, UM, FOR COMPARISON PURPOSES, YOU KNOW, WE WANTED TO BE ABLE TO COLLECT THOSE SOUND LEVELS FROM THE SPEAKER POSTS THEMSELVES, UM, TO DETERMINE, UM, YOU KNOW, WHAT SORT OF NOISE IS OCCURRING AT THAT LOCATION. YEAH. UH, FOR THE RECORD, PAUL DUMONT WITH JMC, I WAS JUST GONNA SAY THE SAME THING. THAT THE PRIMARY REASON OF MEASURING THE BRIARCLIFF LOCATION WAS JUST TO, IT, IT'S GONNA USE THE SAME EXACT SPEAKER AND AND MENU BOARD AS THIS, UM, POTENTIAL LOCATION. AND THE IDEA WAS JUST TO GET THOSE, UM, SOUND LEVELS FROM THAT SAME SPEAKER BOARD. FROM THE SAME SPEAKER. YEAH. THE VARI THE VARI. THERE ARE OTHER VARIABLES THAT YOU'RE TESTING TOO FOR THE COMMUNITY AND THEY DON'T HAVE, AND YOU ONLY TESTED ONE, RIGHT? LIKE THAT'S NOT REALLY, I'M NOT SURE A GREAT METHODOLOGY TO JUST LOOK AT ONE LOCATION. YOU SHOULD PROBABLY BE LOOKING AT MULTIPLE LOCATIONS. YOU'RE SAYING MEASURING NOISE AT MULTIPLE LOCATIONS. YEAH, I MEAN, IT JUST DOESN'T SEEM FROM A METHODOLOGY PERSPECTIVE THAT THAT'S REALLY GONNA GIVE US THE DATA. WE NEED ONE [00:30:01] LOCATION FOR TWO ONE HOUR MEASUREMENT, 2:30 PM ON NOVEMBER 7TH. I MEAN, IT JUST DOESN'T SEEM LIKE A GREAT METHODOLOGY TO ME. OKAY. I, I THINK I, I DISAGREE. OKAY. I THINK ALSO, SO I MEAN TYPICALLY WE, YOU KNOW, THAT WAS SOMETHING THAT WAS SUGGESTED TO US, BUT ACTUALLY WE HAVE THE ACTUAL NOISE DATA OF THE SPEAKER POST, WHICH IS HOW WE DID OUR NOISE CALCULATION PREDICTION. SO WE DIDN'T RUN OFF OF ANY OF THE PER SE AMBIENCE OFF THAT SPEAKER POST. WE ACTUALLY HAVE THE FULL DATA FROM IT, WHICH IS, WHICH IS IN THE REPORT. SO, UM, THAT'S, YOU KNOW, WE, WE DID COLLECT THE DATA OVER THE EXISTING TO DO A COMPARISON, BUT REALLY THE DATA THAT WE'RE PROVIDING YOU IS BASED ON THE ACTUAL, UM, DATA FOR THIS SITE AND THE DISTANCE ATTENUATION AND, AND MITIGATION. YEAH. AND I GUESS THAT THAT'S PART OF THE CONCERN, WHICH IS SOMETHING THAT WAS BROUGHT UP ALSO IS YOU'RE JUST LOOKING AT THE NOISE FROM THE SPEAKER BOARD, BUT THERE'S GOING TO BE SO MUCH MORE ADDITIONAL NOISE FROM THE CARS FROM, I MEAN, PEOPLE ARE GONNA PLAY THEIR RADIOS. THEY'RE LIKE THAT, YOU KNOW, THAT IS ACTUALLY GONNA BE POTENTIALLY LOUDER THAN YOUR SPEAKER POST. SO THERE'S A LOT OF OTHER ELEMENTS THAT WE'D BE LOOKING TO SEE WITHIN THAT METHODOLOGY. UNDERSTOOD. UM, WHAT I HAVE TO SAY IS THIS, OKAY, THERE'S BASICALLY SUBJECTIVE VERSUS OBJECTIVE HERE. AND I AM VERY GOOD TO SEE, HAPPY TO SEE THAT YOU WENT THROUGH ALL OF THE EFFORT TO, UH, PUT THIS REPORT TOGETHER. UM, I, I TRIED READING THE REPORT, UM, I WAS ONLY ABLE TO MAKE IT THROUGH ABOUT 25% OF IT BEFORE I STARTED GETTING DROWSY . UM, AND MY ABILITY TO UNDERSTAND ALL OF THE DATA, UM, BASICALLY I CAN'T AND I, AND I, THEREFORE I DIDN'T MM-HMM . SO WHAT I'M TRYING TO FIGURE OUT IS WHAT WILL ALL OF THIS DATA IN THIS REPORT DO TO CHANGE SOMEBODY'S MIND WHO ALREADY HAS A SUBJECTIVE OPINION ABOUT THIS APPLICANT'S DESIRE TO PUT A TACKLE, TACKLE BELL, UM, IN THIS LOCATION? 'CAUSE THAT'S WHAT THE BOTTOM LINE IS. THERE'S GONNA BE PEOPLE HERE WHO DON'T WANT THE TACK TACO BELL AND YOU ARE TRYING TO CONVINCE THEM. AND I GUESS ALSO MEMBERS OF THIS BOARD MM-HMM . AS TO WHY A TACO BELL CAN BE PLACED THERE. UM, I'M WONDERING IF ALL OF THIS DATA IS ACTUALLY GOING TO CHANGE ANYBODY'S MIND. UM, THERE WAS A STATEMENT MADE TWICE ALREADY, WHICH WAS THAT THE APPLICANT, UM, IN GOOD FAITH IS WILLING TO HAVE ANOTHER REPORT DONE, UM, SIX MONTHS AFTER THEY SOME POST MONITORING NOISE, UM, MEASUREMENTS. CORRECT. OKAY. IF THEY FIND SOMETHING THAT EXCEEDS MM-HMM . WHAT THE, UH, NORM SHOULD BE MM-HMM . WHAT ARE THEY GOING TO DO? UM, SO DIFFERENT ALTERNATIVE MITIGATION MEASURES THAT CAN BE REVIEWED ASIDE FROM JUST THE SIMTECH FENCE ITSELF. UM, THAT FENCE HAS AN STC RATING OF 26, AND TYPICALLY THAT'S THE BLOCKING OF TRANSMISSION OF OF SOUND. UM, THEY'RE ALSO MATERIALS THAT HAVE NRC, WHICH ARE, UM, ABSORBING MATERIALS. UM, SO THERE'S DIFFERENT MITIGATION THAT WE CAN LOOK INTO. BUT I UNDERSTAND WHAT YOU'RE SAYING AND I THINK THAT IF I COULD SUM UP MY ANALYSIS AND JUST, YOU KNOW, KIND OF WITH THE DATA, IT'S, I'M TRYING TO PRESENT TO YOU SAYING LIKE, HERE'S THE RAW DATA, LIKE THE RAW DATA OF LIGHT AUTO TRAFFIC AND THE SPEAKER POST, WHICH, YOU KNOW, I UNDERSTAND THAT THERE'S OTHER COMMUNITY SOUNDS GOING ON AT THE PLACE, UM, GIVES US THE RESULT OF ABOUT 46 DECIBELS AT THE APARTMENT COMPLEX. THAT'S CONSIDERED QUIET. THAT'S ABOUT 10 OR SO DECIBELS LESS THAN THE AMBIENT, WHICH IS THE VEHICLE TRAFFIC THAT YOU'RE HEARING ALONG NORTH CENTRAL AVENUE. SO ASIDE FROM THAT, THAT MEETS, YOU KNOW, THE 65 DECIBEL, WHICH A NORMAL CONVERSATION, 60 65 DECIBELS, IF I'M RAISING MY VOICE, I'M ABOUT 70, 75. SO NORMAL CONVERSATION IS 65, WHICH IS WHAT IS IN THE CODE. UM, SO WE'RE HITTING ABOUT 46 WHEN WE GET TO THAT BUILDING. AND THAT'S FOR SOMEONE WHO'S OUTSIDE IN THE PARKING LOT ADJACENT TO THE BUILDING INSIDE OUR DECIBEL LEVELS ARE GONNA DROP DRASTICALLY, SIGNIFICANTLY AGAIN. UM, EPA [00:35:01] HAS SOME DATA THAT SHOWS IT'S UP TO 27 DECIBELS. UM, SO THEN YOU'RE HALF OF, OF WHAT YOU ARE ON IN THE OUTSIDE. UM, SO WITH THAT ALREADY, I THINK THAT WE'RE COMPLIANT. HOWEVER, I DO THINK THE APPLICANT IS TRYING TO BE A GOOD NEIGHBOR AND HAS IMPLEMENTED, YOU KNOW, THREE MEASURES TO TRY TO BRING THAT NOISE LEVEL DOWN EVEN FURTHER. AND 20 DECIBELS WITH THE MITIGATION NOW IS 20 DECIBELS IS, IS BARELY AUDIBLE. WILL YOU BE ABLE TO HEAR SOME OF THE SOUNDS? THEY, IT COULD, YES, YOU COULD POSSIBLY HEAR AN AUDIBLE SOUND, BUT DOES THAT MEAN THAT IT'S INTRUSIVE? NO. COULD IT BE PERCEIVED AS AN ANNOYANCE? FOR SOME PEOPLE, DEFINITELY. YES. BUT IT'S GOING TO BE SO MINIMAL, UM, WHERE, YOU KNOW, ANY GUIDANCE OR CRITERIA YOU WOULD NEVER, YOU KNOW, THEY WOULD 20 DECIBELS BARELY AUDIBLE. I THINK TWO THINGS I JUST WANNA SAY, FIRST OF ALL, IT'S NOT TACO BELL THAT THE, THAT'S THE CONCERN HERE IT IS A 24 HOUR DRIVE THROUGH RESTAURANT FOOD RESTAURANT OR 24 HOUR OPERATIONAL RESTAURANT. IT'S NOT, I THINK IT'S 24 HOURS, I THINK 20 HOURS. UH, IT, WHATEVER. OKAY. THEY SAY IT WAS GONNA GO TILL TWO, SIX IN THE MORNING TILL TWO IN THE MORNING. SO IT'S, WE DON'T WANT ANYBODY TO THINK WE'RE OPPOSED TO TACO BELL, BUT IT SEEMS, OH, I'M ONLY SAYING THAT TACO BELL IS THE APPLICANT. RIGHT. THAT'S THE ONLY, I JUST WANNA MAKE SURE THAT WAS CLEAR THAT, YOU KNOW. OKAY. BUT THE, THE QUESTION TO ME IS IT SEEMS THAT EV ALMOST EVERYTHING YOU'VE TALKED ABOUT IN TERMS OF THE MITIGATION AND ALL THAT IS RELATED TO THE SPEAKER AND, AND THE FLIGHT AUTO TRAFFIC. EXACTLY. BUT THAT IS, THIS IS AN ENTIRE PROJECT. IT'S MORE THAN THE SPEAKER. AND I THINK I, I DON'T, MAYBE OTHER PEOPLE DISAGREE, BUT I DON'T SEE A HOLISTIC UNDERSTANDING OF THE IMPACT OF THIS. YOU KNOW, IT'S BEING TAKEN IN LITTLE IN, IT SEEMS TO BE VERY FOCUSED ON THIS SPEAKER, WHICH IS A BIG PROBLEM. 'CAUSE YOU SAID IT STARTS AT LIKE 65 OR SOMETHING LIKE THAT, BUT I, OR 80, I THINK YOU SAID. YEAH, AT ONE FOOT IT'S 84 DECIBELS. EXACTLY. BUT I THINK NOW ALSO, LIKE WHEN YOU'RE BRINGING UP THE GARBAGE TRUCKS, RIGHT? THERE'S A COMMERCIAL BUSINESS NOW. I MEAN, THEY MUST HAVE GARBAGE TRUCKS COMING TO PICK UP THEIR WASTE. THESE ARE DAYTIME OPERATIONS. THIS GARBAGE TRUCK HAS TO COME IN THE MIDDLE OF THE NIGHT. MOST OF THE OTHER GAR, THE GARBAGE TRUCK, THE OPERATIONS THAT ARE THERE NOW ARE DAYTIME OPERATIONS. YOU SAID WE CAN, WE, THE APPLICANT CAN LIMIT AND MODIFY THE DI THE TIMES OF THE GARBAGE TRUCKS. AND DANA THOUGH, DO YOU BELIEVE THAT THIS IS A GOOD SNAPSHOT OF THE OVERALL PROJECT IN TERMS OF SOUND IMPACTS AND THINGS LIKE THAT? YEAH, I MEAN, ESSENTIALLY WHAT WE DO IS WE DO TAKE, YOU KNOW, THOSE, THERE, THERE'S ALWAYS GONNA BE OTHER COMMUNITY NOISE HONKING AND MOTORCYCLES EVEN ALONG THE ROADWAY. SO, BUT WE DO TAKE, WE KNOW WHAT'S ESSENTIAL TO THE PROJECT, THE, THE SOUND SOURCES THAT WE CAN WORK WITH. AND, AND, YOU KNOW, IF WE ADDED AN INTERMITTENT HO NOISE OR IF WE ADDED AN INTERMITTENT MOTORCYCLE NOISE, IT'S NOT GONNA REALLY RAISE THE DECIBEL LEVEL. 'CAUSE IT'S, IT'S GONNA BE AN AVERAGE OF OVERTIME AND YOU'RE NOT GONNA HAVE A MOTORCYCLE SITTING THERE FOR 24 HOURS OR A GARBAGE TRUCK OR, YOU KNOW, HOPEFULLY PEOPLE ARE MORE RESPECTFUL IN THIS AREA AND WON'T HONK THEIR HORN TOO MUCH. BUT IT, IT'S LIKELY TO HAPPEN ONCE IN A WHILE. BUT USING THOSE TWO SOUND SOURCES FOR THE PROJECT, THAT COULD BE MORE ON A CONSISTENT BASIS BASIS, THERE WOULD NO BE, THERE WOULD NOT BE AN ADVERSE IMPACT. AND I, AND I, I UNDERSTAND THAT. I ACTUALLY, AS PART OF MY MASTER'S AT HARVARD, I STUDIED NOCE MONITORING AND RULES AND REGULATIONS MM-HMM . SO I'M NOT UNFAMILIAR WITH ALL THIS. AND, BUT WHAT THE THING IS, THE STANDARDS SET BY LAW ARE AN HOURLY AVERAGE OR A DAILY AVERAGE. UM, I HAD ONE SILLY PROJECT, I WENT TO A HOCKEY GAME AND MEASURED THE CARBON MONOXIDE COMING OUT OF A ZAMBONI MACHINE. MM-HMM . IF YOU WERE BREATHING IN FOR THE 10 MINUTES, THE ZAMBONI MACHINE CAME BY, YOU'D GET REALLY SICK, BUT THE STANDARD WAS HOURLY AND THAT WAS HEALTHY. SO NOBODY TALKED ABOUT HOW BAD IT WAS FOR THOSE 10 MINUTES. IN THIS SITUATION, IF WE ONLY TALK ABOUT HOURLY STANDARDS AND HOURLY DECIBELS, THAT'S DIFFERENT FROM LOOKING AT SOMEBODY LIVING WITH IT. AND I THINK THAT'S PART OF THE PERCEPTION VERSUS THE FACTS. THERE'S NO TIME LIMIT FOR AMBIENT MEASURING, HONESTLY. UM, SO SOMETIMES WE'LL DO 10 MINUTES, SOMETIMES WE'LL DO 15 MINUTES, SOMETIMES WE'LL DO AN HOUR. UM, THERE'S NO, THERE'S NO SET TIME STANDARD FOR HOW YOU TAKE MEASUREMENTS. UM, BUT THE 24 HOUR DATA WAS SO LARGE AND IT JUST HAD ONE LEQ NUMBER FOR AN AVERAGE FOR 43 45 HOURS THAT I THOUGHT IT WOULD BE HELPFUL TO BREAK IT DOWN INTO ONE [00:40:01] HOUR. I COULD BREAK THAT DOWN INTO 15 MINUTE INCREMENTS. IT'S JUST, THERE'S SO MUCH DATA. UM, BUT ONE HOUR THAT, YOU KNOW, TYPICALLY OUR, OUR NOISE, UH, MEASUREMENTS ARE 10 TO 15 MINUTES. SO I I I TOTALLY TRUST YOUR DATA. MM-HMM . I JUST DON'T THINK IT'S LOOKING AT ENOUGH DATA. AND I, I HONESTLY DO THINK THAT THE POTEN THAT THE OWNERS ARE TRYING TO BE GOOD NEIGHBORS MM-HMM . BUT THERE'S STUFF THAT'S ALSO UNIQUE TO OUR COMMUNITY. AND WHEN YOU'RE LOOKING AT LIKE A LOCATION LIKE BRIARCLIFF, YOU'RE NOT GOING TO GET, YOU'RE NOT GONNA GET SOME OF THAT UNIQUENESS. AND WITH ADDITION WITH THE NOISE IS, YOU KNOW, WE HAVE A, A PROBLEM WITH, HONESTLY, WITH RACING CARS ON CENTRAL AVENUE MM-HMM . OKAY. ON FRIDAY AND SATURDAY NIGHTS, THEY'RE GONNA GO AFTERWARDS TO A LOCATION THAT'S OPEN VERY LATE. THEY'RE GONNA BE DRIVING, THEY'RE GONNA BE HONKING HORNS, THEY'RE GONNA BE LOUD RADIOS, YOU KNOW, THERE, THERE AREN'T FAST FOOD OPERATIONS IN WHITE PLAINS, BUT YET THERE'S TONS OF COLLEGE KIDS THAT GO TO THE BARS IN WHITE PLAINS WHEN IT'S ALL DONE. THERE ARE NO 24 HOUR DINERS ANYMORE AROUND HERE. SO THEY'RE GONNA GO TO THOSE LOCATIONS THAT ARE OPEN TILL THREE O'CLOCK IN THE MORNING, WHICH THERE ARE VERY FEW OF. SO IN ADDITION TO THE NOISE THAT YOU'RE ACTUALLY CREATING, IT'S THE NOISE THAT YOU'RE DRIVING INTO THE NEIGHBORHOOD. AND THAT'S WHAT YOU'RE NOT LOOKING AT THAT ACTUALLY POTENTIALLY WOULD HAVE A MUCH LARGER IMPACT TO THE COMMUNITY. AND THE ONLY OTHER PLACE THAT I CAN THINK OF LIKE IS A YONKERS LOCATION OR ANOTHER AREA LIKE, YOU KNOW, AND THAT, THAT'S KIND OF WHAT I'M GETTING AT. AND I'M, I'M SURE YOU GUYS WANNA DO THE RIGHT THING, BUT WE ALSO NEED TO DO THE RIGHT THING FOR THE COMMUNITY. UNDERSTOOD. SO I THINK WITH, AND YOU CAN CORRECT ME IF I'M WRONG, BUT WITH THE TRAFFIC ANALYSIS, UM, YOU KNOW, USUALLY WE LOOK AT THE TRAFFIC NUMBERS AS FOR SOUND STUDYING, UM, AND WE, AND A DOUBLING OF THE TRAFFIC, SAY THIS PROJECT DOUBLED THE TRAFFIC. SO SAY NORTH CENTRAL AVENUE IS RUNNING AT 68 DECIBELS. CORRECT. AND IF WE DOUBLE THE TRAFFIC, WE ADD THREE DECIBELS. SO THEN YOUR NEW AMBIENT WITH THE DOUBLING OF THE TRAFFIC, WHICH IS NOT DOUBLING IN THIS CASE, BUT I'M JUST USING AN EXAMPLE, WOULD BE 71 DECIBELS. SO A THREE DECIBEL INCREASE IS BARELY PERCEPTIBLE, BUT THAT IS HOW NOISE WORKS. SO I UNDERSTAND WHAT YOU'RE SAYING, BUT I DON'T THINK THAT WITH THE, AND LET ME JUST RE RESPECTFULLY AND WE HEAR, APPRECIATE THE CONCERN. THERE'S BEEN RULES OF THE ROAD, RIGHT? YOU HAVE A ZONING CODE, YOU HAVE A NOISE ORDINANCE. WE ARE SEEKING TO DEMONSTRATE HOW WE WILL COMPLY WITH THAT. WE WERE HEARD, WE HEARD, UH, AT MANY MEETINGS, THE IMPLICATIONS OF THE DRIVE-THROUGH THE DRIVE THROUGH THE DRIVE THROUGH, HOW CLOSE THAT IS. WE STUDIED THE DRIVE-THROUGH, WE LOOKED AT THE DRIVE-THROUGH, WE DETERMINED BASED OFF THIS DATA THAT THE IMPACTS FROM THE DRIVE-THROUGH WOULD BE IMPERCEPTIBLE TO THE INSIDE OF THAT BUILDING. AND THAT'S SUPPORTED BY OUR DATA. SO RESPECTFULLY, WE HEAR THE CONCERN, BUT THERE'S ALSO RULES OF THE ROAD HERE THAT THE APPLICANT IS TRYING TO COMPLY WITH AND DESIGN STANDARDS TO AND, AND SHOW STUDIES WITH THAT WE FEEL WE ARE MEETING. SO PERCEIVED NUISANCE AND LATE NIGHT NUISANCE, RESPECTFULLY, WE CAN HAVE THE APPLICANT TALK ABOUT HIS EXPERIENCE. BUT THE, THE NATURE OF DRIVE-THROUGHS AND THE NATURE OF FAST FOOD THESE DAYS, IT'S NOT HOW IT MAY BE USED TO BE. WHERE THIS IS THE LOITERING HANGOUT SPOT. THESE ARE MODERN, THESE ARE HIGH TECH, THESE ARE SLEEK FACILITIES. THESE ARE, UH, UH, NON NUISANCE GENERATORS. AND NUISANCE IS HANDLED BY OTHER PARTS OF THE ZONING CODE AND THE, THE TOWN CODE. SO RESPECTFULLY, WE FEEL WE'VE DEMONSTRATED A LOT HERE WITH WHAT'S BEEN PRESENTED BACK IN FRONT OF US. I THINK WE SHOULD MOVE ON TO TRAFFIC. WE HAVE OUR JMC TRAFFIC, UM, ENGINEER WHO'S GONNA KICK OFF. AND WE ALSO HAVE HOPEFULLY, UH, JOHN CANNING STILL ON, WHO JUST SUBMITTED A, A MEMO RECENTLY THAT WE'D LIKE TO ALL HEAR FROM HIM AS WELL. SO MARK PETRO PLEASE. WITH THE, UH, WITH JMC, EXCUSE ME, IF WE'RE, IF WE'RE LEAVING THE, THE, THE NOISE ASPECT, I THINK I HAVE TO SHARE SURE. WHAT, WHAT I'VE DISCOVERED ON MY OWN. FIRST OF ALL, YOU LIST FIVE LOCATIONS AS COMPARISONS. AND FROM LOOKING AT GOOGLE MAPS AND GOOGLE EARTH, YOU CAN SEE THAT THERE IS A DISTINCT DIFFERENCE BETWEEN THIS LOCATION AND THREE OUT OF THE FOUR OTHER LOCATIONS. THAT IS, THIS LOCATION IS RIGHT UP AGAINST A, A RESIDENTIAL BUILDING. ALL THE OTHER LOCATIONS EXCEPT FOR YONKERS ARE NOT ALL THE OTHER LOCATIONS ARE LOCATED IN THE MIDDLE OF SHOPPING AREAS WHERE THERE ARE NO RESIDENTS, A HUNDRED FEET OR A THOUSAND FEET FROM THERE. SO WE'RE NOT COMPARING APPLES TO ORANGES, BUT CAN, AND I'M SO SORRY, BUT THAT DOESN'T CHANGE OUR, I THINK THAT'S BEING MISSTATED. THAT DOESN'T CHANGE OUR ANALYSIS WHATSOEVER. OUR ANALYSIS OF THIS SITE IS OUR ANALYSIS OF THIS SITE. SO, SO THEN I WENT TO [00:45:01] THE ONLY COMPARABLE ON YOUR LIST THAT WAS SIMILAR TO THIS. I WENT TO YONKERS AND UH, I WENT TO THE HOUSES DIRECTLY BEHIND THE YONKERS LOCATION. THE YONKERS LOCATION'S BEEN THERE A GOOD LONG TIME. I DON'T KNOW IF IT'S ONE OF YOUR LOCATIONS OR NOT. UM, BUT UM, IT HAS, UH, THE DRIVE THROUGH GOES BETWEEN THE BACK OF THE BUILDING AND THE HOUSES BEHIND IT. THE, UH, TACO BELL HAS BEEN CARVED OUT OF, UH, BEDROCK WHERE IT IS IN A SIMILAR SITUATION AS, AS THE LOCATION OF THE HONEY BAKE HAM SPOT. ANYHOW, I WENT AND I RANG DOORBELLS IN THE BACK OF, OF TACO BELLS TO TALK TO THE NEIGHBORS. AND I SAID, HOW DOES THIS AFFECT YOU? AND I SPOKE TO A WOMAN WHO LIVES DIRECTLY BEHIND, AND SHE SAYS, IT ONLY AFFECTS ME WHEN I NEED TO HAVE MY WINDOWS OPEN. IT'S, UH, SHE SAID, IT'S, IT'S A WARM WEATHER OR A NICE WEATHER SITUATION WHEN MY WINDOWS ARE CLOSED. I DON'T HEAR A WHOLE LOT OF NOISE WHEN MY WINDOWS ARE OPEN. I HEAR A LOT OF NOISE. AND THE NOISE SHE WAS TALKING ABOUT WAS NOT THE NOISE OF THE SPEAKER, THE NOISE SHE WAS TALKING ABOUT. FIRST SHE MENTIONED IS PEOPLE TALKING JUST PE THE, THE, THE, THE PEOPLE TALKING AROUND, GOING IN AND OUT OR TALKING FROM THEIR CAR. THEN SHE MENTIONED OBVIOUS CAR NOISE, OBVIOUS, UH, UH, RADIOS. AND THE ISSUE THAT WE HAVE HERE IS THAT IN THE HEARTS OF LOCATION, THE NOISE ORDINANCES IS THAT UP UNTIL 11 O'CLOCK, YOU CAN PRETTY MUCH DO WHAT YOU WANT AFTER 11 O'CLOCK, IF YOU'RE MAKING A NUISANCE, THE POLICE COME, COME AND PAY YOU A VISIT. I UNDERSTAND THAT BY STATUTE, THIS OPERATION HAS TO STAY OPEN UNTIL 3:00 AM SO WE'RE GONNA HAVE BETWEEN 11:00 AM AND 3:00 AM ANYTIME DURING THE WEATHER WHERE SOMEBODY WANTS TO HAVE THEIR WINDOW OPEN, AND THERE ARE DOZENS OF APARTMENTS THAT HAVE THEIR WINDOWS FACING THIS LOCATION WHERE THEY'RE GONNA BE IMPACTED BY THE NOISE. YOU HAVEN'T BEEN ABLE TO MEASURE THAT. BUT I'M JUST TELLING YOU FROM MY, MY RESEARCH THAT THIS, THIS SEEMS TO BE A CASE AND IF ANYONE WANTS TO QUESTION ME ON WHAT ELSE I LEARNED, THAT'S FINE. BUT THAT'S WHAT I WANTED TO POINT OUT. APPRECIATE, APPRECIATE THE, JUST, AND DANNY COULD JUST RESPOND AGAIN, WHAT IS GONNA BE THE IMPACT AT THE BUILDING LINE? WHAT IS GOING TO BE THE, THE IMPACT EMPIRICALLY AT THE, AT THE BUILDING LINE FROM THE DRIVE-THROUGH OPERATIONS? UM, I GUESS I WOULD ASK FIRST IS IF JUST 'CAUSE OF MY MIND WORKS IN A MATHEMATICAL WAY, LIKE WHAT THE DISTANCE WAS MAYBE FROM THAT DRIVE THROUGH TO THE RESIDENCE AND, YOU KNOW, IF THERE WAS ANYTHING IN BETWEEN LIKE A PHYSICAL BARRIER OR ANYTHING IN THERE, THERE WERE LOTS OF PHYSICAL BARRIERS. OKAY. UM, SO FIRST THERE WAS AT LEAST A SIX FOOT CEMENT WALL WHERE, SO YOU'RE GOING BEHIND IT, IT'S LIKE A CANYON MM-HMM . SO THE, THE ACTUAL DISTANCE FROM THE DRIVE THROUGH TO THE HOUSE HOUSES BEHIND IT. MM-HMM . IN DISTANCE IS VERY SMALL, I WOULD SAY, I DUNNO, 30 FEET. MM-HMM . SOMETHING OF THAT NATURE. AND THEN THE HOUSE IS, STARTS 20 TO 30 FEET ABOVE THE LOCATION. SO FIRST THEY HAVE WHAT THEY'VE EXCAVATED, THEN THEY HAVE A WALL THAT LOOKS LIKE IT'S PART, IT'S FOR TACO BELL, AND THEN THE HOMEOWNERS HAVE THEIR OWN FENCES MM-HMM . AND SO TO ME IT LOOKED VERY SIMILAR TO WHAT THE APARTMENT HOUSE SITUATION IS. UH, EVEN IF THE APARTMENT HOUSE, OF COURSE GOES MUCH, MUCH HIGHER MM-HMM . BUT IT'S THE SAME CASE WHERE IF YOU'RE PUTTING, UH, SOUND DEADENING MATERIAL, UH, SIX FEET UP OR 10 FEET UP, AND YOU HAVE ANOTHER 30, 40 FEET OF WINDOWS, YES. IT'S NOT HELPING MM-HMM . AND WE, AND WE ILLUSTRATED THAT IN OUR FIGURE IN OUR ANALYSIS. UM, OBVIOUSLY THOSE LOWER LEVEL APARTMENTS ARE GONNA BENEFIT MORE FROM THAT SOUND ATTENUATING FENCE. UM, BUT SIMILAR TO THAT ALSO. AND I THINK ANOTHER REASON WHY WE DID THE BRIARCLIFF MANNER IS BECAUSE THERE'S ALSO RESIDENCES LOCATED BEHIND THAT FACILITY. UM, AND YOU KNOW, TO DATE, I KNOW THERE'S NO, BEEN NO COMPLAINTS OR ANYTHING IN REGARDS HOW, HOW CLOSE ARE THOSE RESIDENCES? 'CAUSE THEY'RE NOT VISIBLE ON, UH, ON THE MAPS THAT I LOOKED AT, THEY'RE ABOUT A HUNDRED FEET, HUNDRED FEET, ABOUT A HUNDRED FEET, WHICH IS SIMILAR TO THE DISTANCE BETWEEN THE, BASICALLY THE SPEAKER POST AND THE APARTMENT BUILDING. JUST, AND JUST, SORRY, NOT TO LOSE SIGHT HERE, BUT AGAIN, DANA, WHAT IS THE DATA SHOW IN TERMS OF AT THE BUILDING LINE? SO IF SOMEONE DOES WANNA RAISE THEIR WINDOW, IF IT'S HOT OUT IN THE EVENING, RIGHT? AND LET'S SAY IT'S QUIET ON THE CENTRAL LAB STREET IN THE MIDDLE OF THE NIGHT OR LATE AT NIGHT OR WHAT'S, WHAT HAVE YOU, THE DRIVE THROUGH IMPACT. WHAT D WHAT WOULD THEY BE PER HEARING AT THE BUILDING LINE? SO AS FAR AS DECIBEL LEVELS YOU MEAN? YES. OKAY. SO AS, AS FAR AS DECIBEL LEVELS FOR RAW, RAW DATA, NOT, YOU KNOW, USING ANY SORT OF MITIGATION, YOU'RE AT ABOUT 46 DECIBELS, [00:50:01] WHICH IS CONSIDERED QUIET. UM, BUT THAT DOES NOT INCLUDE THE DIRECTIONAL PLACEMENT OF THE SPEAKER, WHICH IS NOT FACING TOWARDS THAT BUILDING. AND IT DOESN'T INCLUDE THE AUTOMATIC VOLUME CONTROL. UM, THESE ARE NUMBERS THAT ARE JUST, YOU KNOW, WITHOUT MITIGATION, WHICH JUST INCLUDING THE SOUND ATTENUATING FENCE WHEN YOU'RE AT THE BUILDING, YOU KNOW, WHEN YOU'RE, THE LOWER HALF OF IT, YOU'RE ABOUT 20 DECIBELS, THE HIGHER HALF OF IT, YOU KNOW, YOU'RE NOT BENEFITING AS MUCH FROM THAT SOUND ATTENUATING BASE AND IT'S MORE DISTANCE ATTENUATION. SO YOU'RE BACK INTO, YOU KNOW, THE 40 DECIBEL RANGE AT THE BUILDING. SO, SO IF, IF, IF THIS REQUIRED, IF THIS WAS BEING BUILT AS OF RIGHT THEN, THEN THERE, WE WOULDN'T BE HAVING THIS DISCUSSION. THIS IS BEING, THIS DISCUSSION IS BASED ON THE FACT THAT YOU ARE REQUESTING A NUMBER OF VARIANCES AND YOU ARE CHOOSING TO MEASURE AND TO FOCUS ON THE SOUND OF THE SPEAKER, WHEN IN FACT THERE IS A QUALITY OF LIFE ISSUE HERE. AS IN THE HOURS OF OPERATION AND THINGS OUT OF YOUR CONTROL. YOU CAN'T TELL, THE PATRONS DON'T TALK, YOU CAN'T TELL THEM, YOU KNOW, NOT TO SLAM THEIR CAR DOORS OR PLAY THEIR RADIOS. SO RIGHT NOW, UH, IN AN AREA THAT IS, EVEN THOUGH IT'S CENTRAL AVENUE, IT IS A, IT IS NOT THE SAME THING AS BUILDING, UH, WHERE SHAKE SHACK IS. IF YOU BUILT IN THE MIDDLE OF SHAKE SHACK, YOU'D BE NOWHERE NEAR PEOPLE, UH, PEOPLE'S WINDOWS. BUT HERE YOU ARE NEAR PEOPLE'S WINDOWS AND TO IGNORE ALL OF THE, UH, ADDITIONAL NOISE THAT MIGHT COME BY HAVING ANY OPERATION THERE, WHETHER IT WAS A SPEAKER OPERATION OR NOT, IS NOT LOOKING AT THE ENTIRETY OF THE SITUATION. AND I UNDERSTAND THAT WE ARE NOT THE NOISE POLICE, WE ARE THE ZONING BOARD, BUT WE'RE BEING ASKED TO MAKE A NUMBER OF, UH, OF EVALUATIONS BASED ON HOW IT'S GOING TO IMPACT THE WELFARE OF THE COMMUNITY. AND THAT, THAT'S THE NATURE OF WHAT WE'RE LOOKING AT HERE. I CAN UNDERSTAND THAT. I JUST WANNA CLARIFY TOO, THAT REPORT ALSO FOCUSES ON THE LIGHT AUTO TRAFFIC, NOT JUST THE SPEAKER POST. SO WE DID UTILIZE BOTH THOSE SOUND SOURCES, UM, TO OBTAIN THE PREDICTED VALUES. OKAY. ANY MORE QUESTIONS ON NOISE? WE APPRECIATE ANY MORE QUESTIONS OR NOISE BEFORE WE MOVE TO TRAFFIC. SO WE'LL MARK SPEAK THROUGH OUR PRESENTATION ON TRAFFIC AND HOPEFULLY BRING IN JOHN AS WELL. GOOD EVENING. UH, MARK PATROL FROM JMC, UH, JUST, UH, WE DID PROVIDE A, A PREPARE LETTER AND A ADDRESSING A NUMBER OF TRAFFIC COMMENTS AND CONCERNS THAT WE HEARD AT THE LAST MEETING, AS WELL AS, UH, WRITTEN COMMENTS. UH, FIRST OFF, UM, THERE WAS CONCERN EXPRESSED AS FAR AS TIMING OF THE, THE TRAFFIC STUDY AND THE TRAFFIC VOLUMES THAT WERE COLLECTED. UM, SO WE WENT OUT THERE AGAIN AND DID TRAFFIC COUNTS IN NOVEMBER AT THE SITE DRIVEWAY AND COUNTED ALL THE, TURNING THE THROUGHS, ALL THE TRAFFIC VOLUMES AT THE DRIVEWAY LOCATION ON CENTRAL AVENUE. UM, THE VOLUMES WERE F WERE FOUND TO BE SLIGHTLY HIGHER, BUT THEN WHEN WE DID THE ANALYSIS TO PROJECT OUT THE FUTURE CONDITION, THE LEVELS OF SERVICE THAT ARE PROJECTED ARE SIMILAR TO WHAT WAS SHOWN IN THE ORIGINAL TRAFFIC STUDY. SO THE LEVELS OF SERVICE SHOWN IN THE TRAFFIC STUDY ARE SIMILAR AS WHAT WE PROJECT OUT WITH THE NEW COUNTS THAT WE DID IN NOVEMBER. UM, AND THEN AS FAR AS, UH, THERE WAS CONCERNS HEARD ABOUT, UH, DELAYING SAFETY FOR LEFT TURNS INTO AND OUTTA THE SITE, UM, WE REVIEWED VIDEOS OF VE VEHICLES MAKING LEFT TURNS ONTO AND FROM CENTRAL, UH, CENTRAL AVENUE FROM ADJACENT PROPERTIES, AND FOUND THAT THE AVERAGE DELAY TO MAKE TURN LEFT TURNS DURING THE PEAK HOURS SIMILAR TO THE DELAYS PRESENTED IN OUR ORIGINAL TRAFFIC STUDY. UM, IN ADDITION, THE DRIVEWAY CONFIGURATION IS PROPOSED, UH, IS A SIGNIFICANT IMPROVEMENT. UM, BOTH THE TOWN'S CONSULTANT AND THE DOT AGREE, THE LEFT TURNS CAN BE ACCOMMODATED SAFELY. I KNOW, UH, JOHN, UH, KENNING, THE TOWNS TRAFFIC CONSULTANT IS ON THE LINE, AND I KNOW, UH, HE WOULD LIKE TO, UH, BE, UH, LIKE TO HAVE HIM WEIGH IN ON HIS REVIEW LETTER THAT HE JUST, UH, PROVIDED TODAY. UM, AND THEN THEY'RE, UH, OUR TURNING RESTRICTIONS THAT ARE ON CENTRAL AVENUE. HOWEVER, THEY'RE MORE LOCALIZED AND CENTRAL TO ADJACENCY TO SIGNALIZE INTERSECTION ON CENTRAL AVENUE. UM, THERE'S A GREAT DISTANCE BETWEEN THE DRIVEWAY AND THE SIGNALIZE INTERSECTION BEING THE CLOSEST BEING THE FOUR CORNERS INTERSECTION. UM, HOWEVER, WITH THAT SAID, AS WAS MENTIONED, THE APPLICANT IS WILLING TO OFFER VOLUNTARILY RESTRICTION ON LEFT TURNS INTO AND OUT OF THE BOARD SHOULD THE BOARD FEEL THAT IT SHOULD BE RESTRICTED. UM, AND THEN LASTLY, AS IT RELATES TO THE TRAFFIC, UM, THERE WAS OBVIOUSLY COMMENTS ABOUT THE COMPARISON OF THE, UH, OTHER LOCATIONS AND EVERYTHING, UH, THAT WE CONDUCTED AT THE FOUR OTHER LOCATIONS. UH, [00:55:01] WE REVIEWED RESTAURANT SIZE, SEATING, ADJACENT ROADWAY VOLUMES, AND BELIEVE THAT THOSE ARE COMPARABLE. UM, THIS WAS ASCERTAINED BY THE, UH, TOWNS CONSULTANT AS WELL. UM, AND THEN THAT'S REALLY A VERY QUICK SYNOPSIS OF THE ADDITIONAL MATERIALS WE HAD PROVIDED IN THE SUPPLEMENTAL SUBMISSION. UM, AT THIS POINT, I THINK IT WOULD PROBABLY BE BENEFICIAL TO THE BOARD JUST TO GET, UH, THE TOWN TRAFFIC CONSULTANT TO PROVIDE HIS INPUT SINCE HE'S BEEN PROVIDING MULTIPLE REVIEWS AND BEEN INVOLVED WITH THE PROCESS FOR SEVERAL MONTHS. GOOD EVENING, MADAM CHAIR. CAN YOU HEAR ME? I CAN, I CAN HEAR YOU, JOHN. OKAY. UM, SO, UM, I'M HERE TO PRESENT THE FINDINGS OF MY REVIEW, IF THAT'S WHAT YOU WOULD LIKE. YES, MR. I'M NOT SURE. OKAY, THANK YOU. UH, I'M NOT SURE IF YOU'VE HAD A CHANCE TO REVIEW THE FULL RECORD FOR TRAFFIC PARKING AND QUEUING IT, UH, AS, AS MARK HAS INDI INDICATED, HAS BEEN QUITE EXTENSIVE. BASICALLY, THEY DID LOOK AT FIVE, UH, COMPARISONS INCLUDING, UH, YONKERS, WHICH WAS AN AFTER I'M, I'M SORRY, WE'RE, WE ARE NOT HEARING HIM PROPERLY AND I'M SURE WHAT HE'S SAYING IS, IS IMPORTANT ENOUGH FOR, FOR US TO HEAR. CAN YOU JUST TALK LOUDER, PLEASE, OR PUT YOUR MICROPHONE CLOSER? SURE. I'M, I'M MOVING CLOSER TO MY MICROPHONE, I HOPE. CAN YOU HEAR ME NOW? SAY SOMETHING? NO, I AM SAYING SOMETHING. NO, , THEN WE CAN'T HEAR YOU . UM, MAYBE I CAN CALL IN. OH, NO, I'M HEARING IT. IT'S FINE. GO AHEAD. WHATEVER THAT IT WAS O OKAY. SO THE, THE TRAFFIC RECORD IS EXTENSIVE. UM, THEY LOOKED AT TRAFFIC, THEY LOOKED AT KEYING, THEY LOOKED AT PARKING. IT WAS BASED ON INDUSTRY STANDARDS. IT WAS BASED ON LOOKING AT, UH, FIVE COMPARISONS. OBVIOUSLY NONE OF THEM ARE PERFECT, SOME ARE BETTER THAN OTHERS, BUT ALL OF THEM, ALL OF THE COMPARISONS IN BIFF, CORTLAND, MOHEGAN, YONKERS, AND I CAN'T REMEMBER WHERE THE FOURTH, THE FIFTH ONE WAS, HAD LEVELS OF QUEUING AND PARKING THAT WERE THE SAME OR LESS AS WHAT'S PROPOSED AT THIS LOCATION. UM, THE CLAIM BOARD DID CHALLENGE THE APPLICANT A NUMBER OF TIMES ON THE MATERIALS THEY SUBMITTED. AND AS MARK INDICATED, THEY DID GO OUT AND DO THREE SETS OF TRAFFIC COUNTS IN JUNE, 2004, SEPTEMBER, 2005, AND THEN NOVEMBER, 2005. AND THEY UPDATED THEIR TRAFFIC STUDY TO REFLECT THE LATEST COUNTS. UH, FROM UH, A DATA PERSPECTIVE. UH, IT'S PROJECTED THAT THE FACILITY WOULD GENERATE 93 TRIPS IN THE BUSIEST HOUR. SO THAT'S BASICALLY 46 CUSTOMERS AN HOUR 46 IN TO 46 OUT. SO IT'S A LITTLE UNDER A CUSTOMER A MINUTE. UM, THE ANALYSIS INDICATED THAT DELAYS WOULD INCREASE FROM 10.1 TO 10.2 SECONDS, MAKING THE LEFT TURN IN FROM CENTRAL PARK AVENUE INTO THE SITE. THEY DID OBSERVATIONS OF EXISTING LEFT TURN DELAYS, WHICH, UH, WERE ABOUT 10 SECONDS, AND THE COMPUTER ANALYSIS SAID THAT THE EXISTING DELAYS SHOULD BE 9.9 SECONDS. SO THE COMPUTER ANALYSIS WAS MODELING FAIRLY ACCURATELY EXISTING CONDITIONS. UH, THIS DELAY IS THE DELAY THAT'S GOING TO HAVE THE GREATEST IMPACT IN MY OPINION ON TRAFFIC ON CENTRAL AVENUE. THERE WILL BE LONGER DELAYS EXITING THE SITE, BUT IF YOU'RE DELAYED EXITING THE SITE, YOU'RE NOT INTERFERING WITH PASSING TRAFFIC ON CENTRAL AVENUE. AND THE MAXIMUM DELAYS OF ABOUT 35 SECONDS JUST UNDER 35 SECONDS, ARE CONSIDERED TOLERABLE FOR PEAK R CONDITIONS IN A SUBURBAN ENVIRONMENT, UM, MANY OF THE CUSTOMERS, THE 45 CUSTOMERS WHO ARE GOING IN AND GOING OUT WILL PROBABLY BE ALREADY ON CENTRAL AVENUE. THEY'LL BE ON THEIR WAY HOME OR SOMEWHERE ELSE, AND THEY'LL DECIDE THEY'D LIKE TO HAVE LUNCH OR DINNER OR WHATEVER IT IS, AND, UH, THEY'LL DECIDE THEY'D LIKE TO HAVE TACO BELL AND THEY KNOW IT'S ON THE WAY, SO THEY'LL STOP IN. SO NOT ALL OF THE 45 CUSTOMERS WILL APPEAR AS NEW TRAFFIC AT THE UPSTREAM AND DOWNSTREAM INTERSECTIONS, UPSTREAM AND DOWNSTREAM FROM THE SITE. THE INCREASE IN TRAFFIC IS PROJECTED TO BE JUST 1.2%, SO IT'LL BE, YOU KNOW, ALMOST INCONSEQUENTIAL. UM, CRASH AND SITE DISTANCE ANALYSES WERE CONDUCTED AT THE SITE DRIVEWAY TO MAKE SURE THERE WERE ADEQUATE SIGHT LINES AND THERE WAS NO CRASH HISTORY AND NONE WERE DETERMINED. UH, AS MARK INDICATED, THE DRIVEWAY HAS BEEN APPROVED CONCEPTUALLY BY DOT. THEY STILL HAVE TO SUBMIT DETAILED DESIGN PLANS, WHICH TALKS ABOUT HOW DEEP THE PAVEMENT IS AND WHAT SORT OF CONCRETE THEY USE [01:00:01] IN THE CURB AND THAT SORT OF THING. UH, BUT THE DOT HAS CONCEPTUALLY APPROVED THE DRIVEWAY CONSOLIDATION. THE DRIVEWAY CONSOLIDATION IS A BENEFIT FROM, UH, A MASTER, AN AREA ACCESS MANAGEMENT PLAN PERSPECTIVE. SO LESS DRIVEWAYS ARE LESS CONFLICT POINTS. IT'S ALSO BETTER FOR PEDESTRIANS BECAUSE THEY DON'T HAVE TO DEAL WITH VEHICLES COMING IN AND OUT AT TWO LOCATIONS. UH, THE DOT AS MARK INDICATED, DID NOT IMPOSE ANY RESTRICTIONS INTO OR OUT OF THE DRIVEWAY, ALTHOUGH THEY DID NOTE THAT IF THERE WERE ISSUES THAT THEY WOULD REVISIT THE MATTER AND THAT THEY MAY TAKE MEASURES TO, UH, LIMIT LEFT TURNS IN OR LEFT. TURNS OUT THE APPLICANT HAS INDICATED THAT IF THAT'S WHAT IT TAKES TO GET THIS PROJECT APPROVED FROM A TRAFFIC PERSPECTIVE BY THIS BOARD, THEY WOULD BE WILLING TO SUBMIT TO THOSE UM, CONDITIONS. SO BASICALLY, UM, IN SUMMARY, ALL OF THE MATERIALS THAT HAVE BEEN SUBMITTED INDICATE THAT FROM TRAFFIC, TRAFFIC SAFETY AND PRO PEDESTRIAN SAFETY PERSPECTIVE, THE APPLICANT HAS SATISFIED OUR OFFICE AND NEW YORK STATE DOT. UH, UNLESS THE BOARD HAS ANY QUESTIONS THAT WE HAVE NOT COVERED, UH, OUR REVIEW IS COMPLETE AND I WOULD BE HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE ON THIS RELATIVE TO TRAFFIC AND PARKING. I I HAVE A COUPLE OF QUESTIONS FOR YOU. UM, AND THERE ARE SOME THINGS THAT WERE SAID IN THE REPORT, UM, THAT, AND THAT YOU ALSO SAID THAT, UH, GO AGAINST THE STUDIES THAT I HAVE READ, WHICH BASICALLY SAY IT IS SAFER FOR PEDESTRIANS WHEN THEY ONLY HAVE TO LOOK FOR TRAFFIC COMING FROM ONE DIRECTION, NOT FOR TWO, AND THEREFORE SEPARATING INGRESS FROM EGRESS. EVEN THOUGH THERE ARE TWO CROSSINGS, IT IS SAFER BECAUSE YOU'RE NOT LOOKING FOR TRAFFIC COMING FROM TWO DIFFERENT DIRECTIONS. AND IN THIS CASE IT'S ALMOST FOUR DIFFERENT, THREE OR FOUR DIFFERENT DIRECTIONS. BUT BY PUT CONSOLIDATING THE VEHICLES COMING IN AND THE VEHICLES COMING OUT, IT SEEMS THAT IT'S MUCH MORE DIFFICULT FOR PEDESTRIANS TO BE SAFE. AND THE SAME THING, I THINK ALSO HOLDS TRUE FOR VEHICLES THAT, UM, A SAFETY, ONE OF THE MOST COMMON SAFETY MEASURES FOR VEHICLES IS TO PUT A BARRIER IN BETWEEN VEHICLES GOING IN OPPOSITE DIRECTIONS. THAT THAT IMPROVES SAFETY, NOT DECREASES. IT, IT, IT, SO TO ELIMINATE 19 FEET OF CURB SPACE TO CONSOLIDATE EVERYTHING IN ONE ENTRY AND EGRESS, UM, I'M CONCERNED THAT IT SAYS THAT IT'S SAFER. AND IN EVERYTHING THAT I HAVE EVER KNOWN IN ALL THE YEARS I SPENT IN TRAFFIC THIS, IT CONTRADICTS THIS. SO, UM, THE, THE ONE THING ABOUT TRAFFIC SAFETY AND, AND, AND TRAFFIC CRASHES IS THAT FORTUNATELY, ALTHOUGH THEY STILL DO OCCUR, THEY'RE VERY RANDOM IN NATURE. SO IT'S DIFFICULT FOR ANY AGENCY TO DEFINITIVELY AND QUANTITATIVELY DETERMINE HOW SAFE SOMETHING IS. UM, BUT STANDARD ENGINEERING PRACTICE IS TO CONSOLIDATE ACCESS SO THAT IF YOU'RE WALKING ALONG AND YOU'RE LOOKING AT YOUR PHONE, YOU HAVE ONLY ONE LOCATION TO LOOK AT RATHER THAN TWO WHEN YOU'RE CROSSING. UM, I DON'T NECESSARILY SAY THAT, THAT THE DIFFERENCE IN SAFETY IS GOING TO BE SIGNIFICANT OR MATERIAL, UM, BUT IT'S STANDARD PRACTICE TO, TO TRY AND CONSOLIDATE ACCESS. IT'S CALLED ACCESS MANAGEMENT ON HIGHWAYS. UH, BUT YOUR POINT IS WELL, IS WELL NOTED. CAN I JUST BRIEFLY ADD SOMETHING ON THE CURB CONSOLIDATION? THE FOUR CORNERS ZONING DEVELOPMENT, WHICH IS IN ITS CONCEPTUAL PHASE STILL, AND I'M SURE WILL BE BROUGHT UP BY THE NEIGHBORS. ACTUALLY, UH, GARRETT, THE, THE COMMISSIONER PLANNING ACTUALLY STATES ONE OF THE GOALS IS TO REDUCE THE AMOUNT OF CURB, CURB CUTS AND TO CONSOLIDATE AS MUCH AS POSSIBLE. SO THIS IS ACTUALLY ADVANCING THAT OBJECTIVE. UM, TO JOHN'S POINT ABOUT, INSTEAD OF TWO CURB CUTS ON THE SITE, NOW WE HAVE ONE, WHICH IS BOTH DOT RECOMMENDS ALWAYS AS THEIR BEST PRACTICE AND SOMETHING THAT'S BEEN REITERATED BY IN THIS TOWN ZONE CONCEPTUAL FOUR CORNERS PLAN. ANYTHING ELSE? YEAH. UM, SO BRIEFLY WE'LL TALK THROUGH SOME ARCHITECTURAL DETAILS, WHICH WERE BROUGHT UP AT THE LAST MEETING. UM, AS I MENTIONED IN MY OPENING REMARKS, WE HAVE REDUCED THE HEIGHT BY MULTIPLE FEET. UM, AND THERE WAS A REQUEST AT THE LAST MEETING FROM YOUR BOARD TO LOOK AT WHETHER WE COULD GO LOWER AND AS OUR, UH, ARCHITECTURE TEAM WILL POINT OUT, UM, THE MECHANICALS [01:05:01] LOCATION WOULD, WOULD MAKE THAT, UH, VISIBLE TO THE, TO THE PUBLIC, WHICH WOULD BE A LESS ATTRACTIVE. SO WE'LL WALK THROUGH THOSE, THOSE DETAILS. I'M SORRY, KIRA, CAN YOU JUST LET ME INTO THE ZOOM AGAIN? THANK YOU. GOOD EVENING. MY NAME IS LON CONJOIN. UH, I'M A PROJECT MANAGER WITH ZELDA DESIGN, AND I'M HERE ON BEHALF OF OUR PRINCIPAL ARCHITECT ERIC ENS, UH, TO COVER THE ARCHITECTURAL ASPECTS OF THE PROJECT. UM, TO JUST QUICKLY GO OVER THE BUILDING, THE BUILDING IS, UH, IS SIX, UH, 1,688 SQUARE FEET TOTAL. UH, THE DINING AND AREA AND PUBLIC RESTROOMS ARE LOCATED AT THE FRONT OF THE BUILDING, UM, AND IT PROVIDES SEATING FOR 16 PATRONS. UM, TO MOVE ON TO THE EXTERIOR, UH, WE HAVE FIBER CEMENT SIDING, AND, UH, UH, EXCELLENT. ELSE JUST FOCUS ON HERE, UM, TO, TO SPEAK ON THE HEIGHT, UH, OF THE BUILDING. UM, AT, AT THE, WE, WE ARE PROPOSING THE HEIGHT AT 18 FEET, UH, ABOVE THE FLOOR FINISH, WHICH WOULD BRING, UH, THE BUILDING TO 21.1 FEET ABOVE GRADE. UH, IF WE PUT TOGETHER SOME ELEVATIONS THAT SHOW THE ROOF LINE, UH, THAT IS LOWERED, UM, RIGHT HERE. AND, UH, THIS IS THE ROOF LINE LOWERED TO 14 POINT, UH, 14 FOOT NINE FEET. UM, AND UNDER SECTION IBC SECTION 10 15, UH, GUARDS ARE REQUIRED AROUND THE PERIMETER OF THE BUILDING. UM, WHEN THERE IS A DROP GREATER THAN 30 INCHES, UM, THOSE GUARDS MUST BE A MINIMUM OF, OF 42 INCHES HIGH, UH, WHICH WOULD BE TECHNICALLY CODE COMPLIANT, BUT IT WOULD VISIBLY SHOW THE MECHANICAL EQUIPMENT, UM, ON TOP OF THE BUILDING AS WELL AS BE KIND OF, KIND OF AN EYESORE TO THE PUBLIC. UM, FROM A FUNCTIONAL STANDPOINT, WHEN YOU SUBTRACT THE REQUIRED ROOF STRUCTURE, THE TRUSSES, THE DUCT WORK AND CEILING SYSTEM, UM, A BUILDING HEIGHT LOWER THAN, UH, WHAT YOU SEE RIGHT HERE WOULD RESULT IN A CEILING HEIGHT, UH, THAT WOULD BE LOWER THAN NINE NINE, WHICH WOULD BE NON-FUNCTIONAL FOR THE BUILDING. AND, UH, ITS PURPOSE, UM, AT OUR PROPOSED CONDITION WITH 18 FEET AT THE TOP OF THE PARAPET RIGHT HERE, UM, WE WOULD HAVE AN INTERIOR CEILING HEIGHT OF AT, AT 10 FEET. UM, I'D BE HAPPY TO ANSWER ANY QUESTIONS. THANK YOU, SEAN. THAT CONCLUDES OUR, UM, PORTION OF THE PRESENTATION, SO THANK YOU. COULD I ASK, IS THE OWNER HERE? YES. HI. HI, I'M ROB PATEL. NICE TO MEET YOU. NICE TO MEET YOU. I JUST, AS I TRY TO WRAP MY HEAD AROUND THIS, THERE'S JUST BEEN ONE OVERARCHING QUESTION THAT I WANNA ASK YOU AS YOU ASK US FOR 14 VARIANCES AND, UH, ALL KINDS OF CHANGES. WHY IS THIS PARTICULAR PROPERTY SO INCREDIBLY BETTER IN AN ENVIRONMENT WHERE THERE'S A PLETHORA OF VACANT COMMERCIAL PROPERTIES ON CENTRAL AVENUE THAT WOULD REQUIRE FEWER, IF ANY VARIANCES HAVE TRAFFIC SIGNALS AND CROSSING FOR SAFETY THAT ARE NOT NEAR RESIDENTIAL PROPERTIES ARE ACTIVE 24 HOURS AND HAVE HUGE AMOUNTS OF PARKING. SO I'M TRYING TO WRAP MY HEAD AROUND WHY HERE. SO WHEN LOOKING AT SPECIFIC SITES WITHIN THE, THE AREA AND THE MARKET IN GENERAL, UM, WE LOOKED AT MULTIPLE FACTORS SUCH AS TRAFFIC COUNT, UM, ALSO, YOU KNOW, UH, EXISTING BUILDING. UH, WHEN WE FIRST PROPOSED THIS APPLICATION, WE WERE LOOKING TO REUSE THE BUILDING AND BECAUSE IT WAS AN ACTIVE RESTAURANT, UH, QUICK SERVICE RESTAURANT, WE FELT LIKE IT WOULD BE, UH, ADAPTABLE. UM, WE ALSO FELT LIKE THE AREA, UM, UH, WE, THE TACO BELL WOULD DO WELL. AND SO [01:10:01] WE, WE TARGETED THIS AREA. UM, WHEN WE LOOKED AT AVAILABLE PROPERTIES WHEN WE WERE LOOKING, UH, THIS IS THE ONE THAT, UH, WE, WE WERE ABLE TO, UM, MAKE A DEAL FOR TO, UH, TAKE THE SPACE, UH, AS AN OWNER OR A TENANT. SO, UM, IF THERE WERE MULTIPLE LOCATIONS AVAILABLE, WE WOULD'VE LOOKED AT, YOU KNOW, ALL OPTIONS. BUT THIS IS WHAT WE COULD FIND. AND WE ALSO HAD TO WORK WITHIN, UH, UH, I, I BELIEVE IT'S 200 LINEAR FEET HERE, SEPARATE OF ANY SEPARATION DISTANCE, 2000, I'M SORRY, OF ANY OTHER QUICK SERVICE RESTAURANT. AND THIS WOULD FALL OUTSIDE OF THAT. SO WE WERE RESTRICTED QUITE A BIT IN WHAT WE COULD LOOK AT. OKAY. THANK YOU FOR ANSWERING THAT. SURE. ANY MORE QUESTIONS AT THIS TIME? I AM SORRY. YOU'RE MENTIONING SOMETHING I'M NOT FAMILIAR WITH. IN THE TOWN OF GREENBURG, YOU MUST SPACE OUT, UH, FAST FOOD RESTAURANTS BY 2000 FEET PER THE, SO IN THE CA DISTRICT, UM, QUICK SERVICE RESTAURANTS ARE ESPECIALLY PERMITTED USE. ONE OF THE CRITERIA FOR THE SPECIAL PERMIT IS THAT, UH, YOU MUST BE SEPARATED BY AT LEAST 2000 FEET, UM, FROM ANOTHER, FROM THE PROPERTY LINE OF ANOTHER QUICK SERVICE RESTAURANT. SO WHEN YOU HAVE, UM, UH, WHEN YOU HAVE, WHEN, WHEN YOU HAVE MALLS OR OUT OUTDOOR MALLS, UH, SHOPPING CENTERS THAT HAVE MULTIPLE QUICK SERVICE RESTAURANTS IN THEM, HOW ARE THEY DOING THAT? I DON'T, I DON'T THINK IT APPLIES TO SHOPPING CENTERS. UM, OH, IT'S ABOUT FREE STANDING PROPERTIES? I, I BELIEVE SO, BUT I REMEMBER, YOU KNOW, EARLY ON WHEN WE MET WITH STAFF AND, UH, PLANNING STAFF, WE, WE LOOKED AT THIS SPECIFICALLY. UM, YOU KNOW, WE WENT BACK AND FORTH. WE CREATED A MAP TO SHOW THE SEPARATIONS. IT'S ACTUALLY PART OF THE PLANNING BOARD RECORD. BUT, UM, WE HAD TO LOOK AT THAT AND I THINK I HEARD SOMEONE MENTION SUBWAY OR, UM, ALL, YOU KNOW, FOR EXAMPLE, SUBWAY IN THE TOWN IS CONSIDERED A, A DELI. UM, STARBUCKS IS CONSIDERED, YOU KNOW, COFFEE OR, UM, SO WE LOOKED AT THAT, YOU KNOW, CLOSELY WITH STAFF WHEN WE INITIALLY BROUGHT THE APPLICATION TO THE TOWN. SO. OKAY, THANK YOU. AND, AND AS RA HAVE SAID, YOU KNOW, IT REALLY LIMITS THE, THE SITES THAT YOU KNOW, COULD BE USED FOR, FOR THIS USE. SO, SO SUBWAY IS NOT A QUICK FOOD LOCATION. IT'S NOT CONSIDERED UNDER THE TOWNS CODE QUICK SERVICE. IT'S CONSIDERED A DELI, WHICH IS A SEPARATE USE. AND THAT'S ALL BEEN CONFIRMED WITH, WITH TOWNS STAFF. SO JUST CLOSE, I THINK 14 VARIANCES. I THINK IT'S TECHNICALLY 10 VARIANTS. A COUPLE OF THEM ARE, UH, PLANNING BOARD RELATED SITE PLAN WAIVERS, WHICH WILL WE ARE SEEKING. UM, AGAIN, YOU LOOK AT THE RECORD, WE'VE GOT TWO DETAILED SETS AND AREAS OF EMPIRICAL STUDIES. WE HAVE TRAFFIC WHICH HAS BEEN REVIEWED EXTENSIVELY BY NOT JUST THE APPLICANT'S TEAM, BUT BY MR. CANNING IN THE TOWN'S SIDE, WHICH HAS FOUND THAT THERE WOULD BE NO ADVERSE IMPACT ON THE EXISTING ROADWAYS. AS A RESULT OF THIS PROJECT WE HIRED, WE COMMISSIONED, WE HAVE PRESENTED NOW EXTENSIVE NOISE DATA, WHICH HAS SHOWN WHAT QUIET, IMPERCEPTIBLE, SIGNIFICANT MITIGATION, EXISTING HEAVY AMBIENT NOISE ALREADY RESPECTFULLY UNDER SEEKER, WHICH HAS ALREADY BEEN STUDIED, WHICH WE'RE FURTHERING WITH THIS CONCLUSION THAT NOISE WOULD NOT CREATE AN ADVERSE IMPACT RELATED TO NOISE FROM THIS PROJECT. UM, THAT'S IT ON OUR END. WE BELIEVE THE RECORD IS, IS SUFFICIENT FOR THIS BOARD TO MAKE A DETERMINATION THAT THESE VARIANCES WOULD NOT CREATE AN ADVERSE IMPACT ON THE SURROUNDING UH, AREA. THANK YOU. MADAM CHAIR. SORRY TO INTERRUPT. THIS IS JOHN CANNING AND, UH, I, I KNOW PAUL IS, IS DOING A YEOMAN'S JOB THERE. UM, HE DID STATE THAT THERE WOULD BE NO ADVERSE IMPACT. THE STANDARD IS NO SIGNIFICANT ADVERSE IMPACT. SO THERE WILL BE, IF YOU ADD TRAFFIC, THERE'S AN IMPACT, BUT IT'S MODEST, IT'S NOT SIGNIFICANT. SO I JUST WANTED TO MAKE SURE THE RECORD WAS CORRECT IN THAT REGARD. IS THERE ANYONE ELSE WANTS TO SPEAK THIS TODAY? UH, GOOD EVENING. I'M HAPPY TO ALLOWED TO SAY THAT, YES. MY NAME IS RAYA MALLET FROM THE LAW FIRM MCCARTHY FINGER AND I REPRESENT MANY OF THE RESIDENTS, ALL THE RESIDENTS [01:15:01] IN HARTSDALE GARDEN AND A NUMBER THAT, UM, AREN'T COMFORTABLE SPEAKING TONIGHT HAVE ASKED ME TO SPEAK ON THEIR BEHALF AS WELL. UM, THANK YOU FOR THE OPPORTUNITY TO PROVIDE SOME BRIEF COMMENTS ON THIS APPLICATION. UM, AND AS UH, YOU KNOW, I'VE PROVIDED COMMENTS AT THE LAST TWO PUBLIC HEARINGS, BOTH IN SEPTEMBER AND OCTOBER. AND SINCE WE'VE ALSO SUBMITTED WRITTEN COMMENTS INTO THE RECORD ON BOTH, UM, OF THOSE OCCASIONS, I AM DEFINITELY NOT GONNA BE REPETITIVE. SO I WANNA ASSURE YOU OF THAT. UM, SUFFICE IT TO SAY IN THOSE SUBMISSIONS THAT WE PUT ON THE RECORD, WE PROVIDED SUPPORT FOR OUR REQUEST THAT THIS BOARD ISSUE AN INTERPRETATION. THAT THE APPLICABLE ZONING ORDINANCE DOES NOT ALLOW THAT A NONCONFORMING STRUCTURE BE DEMOLISHED AND REPLACED WITH A NEW NONCONFORMING STRUCTURE WHERE THE NONCONFORMITIES ARE INCREASED AND GREATER THAN THE ORIGINAL NONCONFORMITIES. WE DIDN'T PROVIDE YOU WITH A WRITTEN SUBMISSION THIS TIME 'CAUSE WE DO NOT THINK THAT MUCH HAS CHANGED. THE END OF THE YEAR SUBMISSION BY THE APPLICANT DOES NOT ADDRESS THE CONCERNS THAT WE HAVE RAISED AND IT FEELS MORE AKIN TO PUTTING, I WOULD CALL IT LIPSTICK ON A PIG. THE APPLICANT'S DECEMBER 30TH LETTER FOR SOME ODD REASON, AND WE'VE HEARD IT TONIGHT AND WE JUST HEARD IT FROM THE TRAFFIC CONSULTANT, KEEPS TALKING ABOUT THE ENVIRONMENTAL REVIEW UNDER CCRA AND SIGNIFICANT ADVERSE IMPACTS. WELL THAT WAS COMPLETED BY THE PLANNING BOARD. THE IDENTIFICATION AND POTENTIAL MITIGATION OF SIGNIFICANT ADVERSE IMPACTS HAS NOTHING TO DO. WHERE WITH WHAT, WHERE WE ARE AT THIS MOMENT IN FRONT OF THIS BOARD, WE HAVE NEVER RAISED SECRET IN ANY OF OUR WRITTEN COMMENTS OR PUBLIC TESTIMONY BECAUSE THAT IS NOT WHAT IS RELEVANT RIGHT NOW. THE ONLY THING BEFORE THIS BOARD ARE THE 14 AREA VARIANCES FOR THIS PROPOSED PROJECT. SEVEN OF WHICH WOULD INCREASE AND ENLARGE EXISTING NONCONFORMITIES OF THE HAM SITE. AS THIS BOARD KNOWS ALL TOO WELL. YOUR DECISION MAKING FOR THESE 14 VARIANCES IS GOVERNED BY THE STATE MANDATED BALANCING TEST INVOLVING, INVOLVING FIVE ENUMERATED FACTORS FOR WEIGHING THE BENEFIT TO THE APPLICANT OF THE GRANTING OF EACH VARIANCE AGAINST THE DETRIMENT TO THE HEALTH, SAFETY AND WELFARE OF THE COMMUNITY. THE SECRET STANDARD IS NOT RELEVANT. WHAT IS RELEVANT IS THE FIRST OF THE ENUMERATED FACTORS LISTED IN THE LAW. WHETHER AN UNDESIRABLE CHANGE WILL BE PRODUCED IN THE CHARACTER OF THE NEIGHBORHOOD OR A DETRIMENT TO NEARBY PROPERTIES WILL BE CREATED BY THE GRANTING OF THE AREA VARIANCE. THE COURT IN THE SECOND DEPARTMENT IN CASPIAN REAL CASPIAN REALTY CASE, WHICH INVOLVED THIS ZONING BOARD OF APPEALS, DESCRIBES THIS FACTOR OF THE BALANCING TEST AS A CONSIDERATION OF, AND I'M GONNA QUOTE THE BENEFIT TO THE APPLICANT WEIGHED AGAINST ANY ADVERSE IMPACT ON THE COMMUNITY. IT IS THIS STATUTORY BALANCING TEST AND ESPECIALLY THIS FIRST FACTOR OF ADVERSE IMPACT ON THE SURROUNDING COMMUNITY THAT REQUIRES THIS BOARD TO EVALUATE THIS APPLICATION IN THE CONTEXT OF THE FOUR CORNERS REDEVELOPMENT, WHICH IS NOT SOMETHING WE'VE REALLY TALKED ABOUT BEFORE. CAN I HAND THESE UP? IS I, WHAT I HAVE HANDED UP ARE TWO MAPS THAT I PULLED TODAY FROM THE TOWN'S WEBSITE THAT DEMONSTRATE THAT THIS PROPERTY IS PART OF THE FOUR CORNERS REDEVELOPMENT AND IT'S NOT EVEN THE LAST LOT, IT IS THE SECOND TO LAST LOT ON THE STUDY AREA. WHAT DOES IT MEAN? IT MEANS THAT THE GRANTING OF THESE 14 AREA VARIANCES WOULD CREATE A DRIVE THROUGH RE FAST FOOD RESTAURANT THAT IS NOT ONLY NONCONFORMING WITH THE CURRENT ZONING, BUT IT IS COMPLETELY CONTRARY AND IN FACT WOULD UNDERMINE THE FOUR CORNERS REDEVELOPMENT PLAN THAT I RESPECTFULLY SUBMIT. IS THIS BOARD'S OBLIGATION TO CONSIDER WHEN DETERMINING SO MANY AREA VARIANCES FOR THIS APPLICATION? THE FOUR CORNERS DEVELOPMENT PLAN COMES FROM A VERY FOCUSED LAND USE VISION THAT'S DETAILED IN THE TOWN'S SUPPLEMENTAL COMPREHENSIVE PLAN IN 2019. THAT WAS BUILT ON THE 2016 COMPREHENSIVE PLAN, WHICH WAS BUILT ON THE 1976 COMPREHENSIVE PLAN. THE VERY CONCERNS BEING ADDRESSED BY THE FOUR CORNERS REDEVELOPMENT AREA ARE THE SAME REASONS THE APPLICANT'S REQUESTED VARIANCES SHOULD BE DENIED TRAFFIC CONGESTION ON CENTRAL AVENUE, THE ADVERSE IMPACTS OF THAT PARKING INADEQUACIES, UNSAFE PEDESTRIAN CONDITIONS AND POOR AESTHETICS. THE LACK OF GREEN, I'M GONNA GO THROUGH ONLY A COUPLE OF THEM. THE LACK OF GREEN SPACES IN THIS ZONING DISTRICT IS A [01:20:01] PRIORITY THAT THE FOUR CORNERS REDEVELOPMENT SEEKS TO ADDRESS, WHICH YOU MAY RECALL WAS ALSO HIGHLIGHTED AS NECESSARY IN ALL OF THE PRIOR COMPREHENSIVE PLANS I JUST MENTIONED. BUT TWO OF THE APPLICANT'S REQUESTED VARIANCES WOULD INCLUDE REDUCTIONS, IF NOT COMPLETE ELIMINATIONS OF THE REQUIRED LANDSCAPED AREAS, THE 20 FOOT LANDSCAPED BUFFER AND THE FRONT WILL BE COMPLETELY ELIMINATED. AND THE REQUIRED 10 FOOT SIDE YARD LANDSCAPED BUFFER BETWEEN THE COMMERCIAL PROPERTY AND HARTILL GARDENS WOULD NOT ONLY BE ELIMINATED BUT REPLACED WITH A QUEUE OF WAITING VEHICLES. AS THIS 10 FOOT LANDSCAPED BUFFER IS WHERE THE DRIVE THROUGH LANE WILL BE PLACED 70 FEET FROM PEOPLE'S HOMES. THE FOUR CORNERS RECOMMENDATIONS REGARDING AESTHETIC RESOURCE SPECIFICALLY POINTS OUT THAT AUTO ORIENTED SITES THAT ARE NOT DESIGNED FOR PEDESTRIAN CIRCULATION SUCH AS A TACO BELL FAST FOOD RESTAURANT IS WHAT THE TOWN IS MOVING AWAY FROM IN THE STUDY AREA I JUST PROVIDED YOU WITH. ALTHOUGH THE VARIANCE IS THAT IF GRANTED WOULD ALLOW SUCH A PROPERTY, THE APPLICANT, AND WE HEARD MR. BEAR, UM, DOUBLE DOWN ON IT, THAT REDUCING THE CURB CUT IS DEFINITELY AN, AN IMPROVEMENT IN PUBLIC AND PEDESTRIAN SAFETY. THAT IS A MISAPPLICATION OF WHAT IS ACTUALLY BEING SAID IN THE REDEVELOPMENT PLAN. UM, IT DOESN'T FULLY EMBRACE IT BECAUSE REDEVELOPMENT MEANS REGARDING INCREASED PEDESTRIAN SAFETY, WALKING AND CIRCULATION. AND THE RECOMMENDATIONS SPECIFICALLY STATE THAT WHEN YOU HAVE BUILDING SETBACKS THAT ENCOURAGE PARKING IN THE FRONT OF A BUILDING, IT DOES NOT ENCOURAGE PEDESTRIAN ORIENTED DESIGN. AND THE CURB CUTS IN THE FOUR CORNERS REDEVELOPMENT PLAN THAT I BELIEVE WAS REFERRED TO BY THE APPLICANT'S ATTORNEY. UH, OR ACTUALLY THE CURB CUTS THAT ARE BEING STUDIED, UM, CONSOLIDATE CURB CUTS THAT ARE BEING STUDIED, UM, IN A DIFFERENT AREA OF THE FOUR CORNERS REDEVELOPMENT. I CAN'T DESCRIBE WHERE THEY ARE, BUT ON SITE IT SHOWS THEM, UM, THE GRANTING OF THESE AREA VARIANCES WILL HAVE AN ADVERSE IMPACT ON THE LARGER COMMUNITY BECAUSE IT WILL ALLOW FOR THE DEVELOPMENT OF A PARCEL IN THE FOUR CORNERS THAT IS CONTRARY TO THE SMART GROWTH PRINCIPLES THAT ARE DIRECTING THE TOWN'S APPROACH IN THIS AREA. GRANTING THE VARIANCES WILL ALLOW THIS ONE PARCEL TO MOVE FORWARD IN A DEVELOPMENT DIRECTION THAT IS LITERALLY COMPLETELY CONTRARY TO WHAT THIS TOWN HAS ALREADY DETERMINED IS BEST FOR THE AREA. I SAID EARLIER THAT THE APPLICANT'S RESUBMISSION IS LIKE LIPSTICK ON A PIG AND THIS IS WHY I SAY THIS. UH, WE'VE ALREADY ADDRESSED IT. SO I WILL JUST SAY BRIEFLY, THE NOISE STUDY ONLY MEASURED THE VEHICULAR MOVEMENTS AND NOISE FROM THE PROPOSED BOX. UM, WE OUTLINED OUR CONCERNS IN SEPTEMBER LETTER THAT THE RESIDENTS OF HARTSDALE GARDENS WERE MOST CONCERNED ABOUT NOISE FROM CARS WAITING IN THE QUEUE, THE 46 TRIPS PER HOUR, UM, WAITING, I THINK IT WAS EIGHT OR NINE AT A TIME IN THE QUEUE WITH WINDOWS DOWN IN WARM WEATHER. UM, THE APPLICANT ALSO DID A NEW TRAFFIC STUDY, HOWEVER, IF YOU LOOKED AT THAT TRAFFIC STUDY, IT COMPARED A FAST FOOD RESTAURANT WITHOUT A DRIVE THROUGH WITH A FAST FOOD RESTAURANT WITH A DRIVE THROUGH NOT THE ACTUAL USE AT THE HONEY BAKED TAM SITE. SO THIS MEASUREMENT DOES NOT ACTUALLY RE ACCURATELY REFLECT THE BUILDING'S ACTUAL USE AT THE TIME AND THE INCREASED, UM, TRAFFIC THAT WILL RESULT. THE APPLICANT ALSO DID NOT ADDRESS SEVERAL UNSAFE CONDITIONS FOR DRIVERS, INCLUDING THE RISK OF COLLISION BETWEEN VEHICLES AND DURING THE TACO BELL AND THE TWO SPOTS IMMEDIATELY TO THE RIGHT OF THE CURB CUT, UM, WHICH OUR TRAFFIC CONSULTANT MICHAEL MARRIS, UM, AS WELL AS HUGH SCHWARTZ IN A SEPARATE SUBMISSION TO THIS BOARD, BOTH SEPARATELY INDEPENDENTLY HIGHLIGHTED, UH, THE TOWN'S TRAFFIC CONSULTANTS IDENTIFIED A RISK OF COLLISION ON THE SITE BETWEEN VEHICLES, PARKING CARS AND THE SOUTHEAST CORNER OF THE BUILDING, WHICH HAS ALSO NOT BEEN ADDRESSED, UM, OTHER THAN PUTTING UP BALLARDS, WHICH DOESN'T HELP THE CARS THAT ARE GONNA HIT THEM. UM, THE APPLICANT ALSO MOST IMPORTANTLY DOESN'T ADDRESS THIS BOARD'S PRECEDENT FOR THIS SITE, WHICH DENIED IN 1968 A FRONT YARD OFF STREET PARKING SETBACK, IN PART BECAUSE OF THIS PROPERTY'S PROXIMITY, WHICH WAS 700 FEET FROM THE FOUR CORNERS. SO THEY HAVE NOT PROVIDED ANY CHANGE IN CIRCUMSTANCES THAT WOULD ALLOW FOR THEIR 18.3 [01:25:01] FOOT VARIANCE REQUEST FOR THIS OFF STREET PARKING, FRONT YARD SETBACK TO BE GRANTED. NOW AS OUR CONSULTANT, MICHAEL MARRIS, WHO IS FORMALLY A TRAFFIC CONSULTANT FOR THE TOWN OF GREENBURG OPINE. THIS PROJECT SITE IS QUOTE, SIMPLY TOO SMALL FOR THE PROPOSED TACO BELL. I WOULD ALSO SUBMIT THAT IT'S TOO CLOSE TO HARTSDALE GARDENS AND IT DOES NOT SUPPORT THE TOWN'S COMPREHENSIVE PLAN AND VISION FOR THE ENTIRE FOUR CORNERS REDEVELOPMENT AREA, WHICH IS VERY CLOSE TO BEING RELEASED. IF YOU GO ON THE WEBSITE, YOU CAN SEE IT. IT'S NOT JUST A CONCEPT PLAN. RFPS HAVE BEEN SENT OUT IN DECEMBER 19TH AND IT LOOKS LIKE THE ZONING, UM, THE OVERLAY ZONING WILL BE AVAILABLE IN THE NEXT THREE MONTHS. AND SO FOR ALL THESE REASONS, I URGE YOU TO DENY ALL OF THE REQUESTED AREA VARIANCES. THANK YOU. ANYONE ELSE? HI, MY NAME IS ANDREW PERSAD. I AM THE TREASURER OF HARTSDALE GARDENS. JUST WANNA START OFF BY THANKING THE BOARD SO MUCH FOR YOUR TIME. I KNOW THAT LAST MEETING, UH, WAS AN EXTREMELY LATE ONE AND THE MEETING BEFORE THAT WAS LONG AS WELL. JUST WANNA THANK YOU GUYS FOR BEING HERE AND, AND LISTENING TO EVERYTHING THROUGH AND THROUGH AND GIVING IT YOUR BEST. UM, I DO WHAT WHERE I WANTED TO FOCUS MOST OF THE, MY PART HERE TONIGHT WAS ON SOME THINGS THAT WERE TALKED ABOUT IN YOUR DELIBERATIONS LAST TIME SINCE WE DIDN'T GET TO UH, REFERENCE THOSE AT THE END. UH, BUT FIRST I WANNA REFERENCE SOME OF THE THINGS THAT WERE SPOKEN HERE TONIGHT AND DIRECT QUOTES. I'M NOT GONNA GO THROUGH AND PICK HOLES IN THE NOISE STUDY OR THE TRAFFIC STUDY, WHICH WE WOULD BE ALL HERE, UH, ALL HERE ALL NIGHT. IF I DID THAT, HOWEVER, I'LL JUST PICK OUT SOME QUOTES. SO BY THE WAY, I HAVE THE, THE NOISE STUDY HERE AND REDDIT FROM BACK TO COVER. YES. UH, LEWIS, JUST LIKE YOU COULDN'T FOLLOW IT ENTIRELY, BUT TRIED MY BEST. HERE WERE THEIR CONCLUSIONS. THESE ARE QUOTES FROM TONIGHT. THOSE LEVELS ARE CONSIDERED QUIET. YOU COULD POSSIBLY HEAR AN AUDIBLE SOUND FROM THE BUILDING. IT'S GOING TO BE VERY MINIMAL. AND THEIR COUNSEL SAID IT WOULD BE IMPOSSIBLE TO HEAR IT FROM THE INSIDE OF THE BUILDING. IT'S A DIRECT QUOTE. THOSE ARE SPOKEN AS MATTER OF FACT THAT SOUNDS LIKE SOMEONE WHO BUILT A TACO BELL IN CENTRAL AVENUE HIRED 46 CARS IN THE HOUR TO GO THROUGH THE DRIVE-THRU AND HAD LOUD MUSIC BLARING, PEOPLE TALKING PATRONS OUTSIDE, HORNS HONKING, MAYBE A COUPLE MOTORCYCLES. NONE OF THAT WAS DONE. THIS STUDY IS NOT COMPARABLE TO WHAT'S ACTUALLY GOING TO HAPPEN. AND LEWIS AND WILLIAM, LAST TIME IN YOUR DELIBERATION YOU TALKED HOW YOU SPOKE ABOUT HOW A LOT OF US WERE TALKING ABOUT THEORETICALS, THEORETICAL TRAFFIC THAT MIGHT HAPPEN, THEORETICAL NOISE THAT MIGHT HAPPEN, AND THOSE WERE THINGS THAT YOU DIDN'T WANT TO BASE YOUR DECISION ON. SO LATER ON I'M GONNA TALK ABOUT SOME MATTER OF FACTS SO THAT WE'RE NOT JUST TALKING ABOUT NOISE AND TRAFFIC THAT ARE HYPOTHETICALS THAT MIGHT HAPPEN. FIRST THOUGH, I WANTED TO START, UH, WITH CHRISTIE. UH, CHRISTIE LAST TIME YOU HAD MENTIONED THAT THE PLANNING BOARD HAD APPROVED THIS, UM, AND THAT THERE WAS SOME CONFIDENCE IN THAT FROM THE, FROM THE PLANNING BOARD APPROVING THIS IN BETWEEN OUR LAST MEETING IN OCTOBER. AND NOW THE RETIRED, UH, PREVIOUS CHAIR OF THE GREENBERG PLANNING BOARD DID WRITE A LETTER TO YOU GUYS IN SUBMISSION. I KNOW THAT YOU GUYS DEFINITELY, YOU KNOW, HAD READ IT, SO I DON'T WANNA READ WORD BY WORD, BUT I DO WANNA PULL OUT A COUPLE OF KEY POINTS. UM, SO THIS IS AGAIN FROM HUGH, A SCHWARTZ, RETIRED GREENBERG PLANNING BOARD CHAIR. IN REFERENCE TO THE VARIANCES, IT IS MY OPINION THAT THE PLANNING BOARD MISSED THE MARK IN MAKING ITS RECOMMENDATION TO THE ZONING BOARD REGARDING THE VARIANCES. THAT'S A POWER THAT'S PRETTY POWERFUL. HERE'S HIS VIEW ON THE TRAFFIC STUDY. I HAVE NOT REVIEWED THE TRAFFIC STUDY IN DETAIL, BUT FROM THE PRESENTATIONS IT APPEARS SERIOUSLY FLAWED. THE CALCULATIONS ARE ALL PREDICATED ON THE CURRENT AS BUILT SCENARIO AND DO NOT TAKE IN ANY FUTURE DEVELOPMENT INTO CONSIDERATION. AS MOST OF US KNOW, THERE'S A LARGE EFFORT UNDERWAY TO REDEVELOP HARTSDALE FOUR CORNERS, THE CLOSEST INTERSECTION TO THIS PROPOSED TACO BELL. IN FACT, REVISED ZONING IS EXPECTED TO BE PROPOSED BY NEXT SPRING. THIS COULD ALTER THE TRAFFIC FLOW CONSIDERABLY. NOW [01:30:01] WE DO KNOW THAT THE TRAFFIC FLOW IS GONNA BE ALTERED CONSIDERABLY YET IN THEIR COUNSEL'S LETTER, STEINMAN'S LETTER PAGE THREE THAT WAS SUBMITTED FOR THIS MEETING, HE SAYS THE ANALYSIS DEMONSTRATES THAT THE PROPOSED DEVELOPMENT WILL GENERATE ESSENTIALLY THE SAME AND IN CERTAIN PEAK HOURS, SLIGHTLY FEWER TRIPS THAN THE EXISTING USE. DO WE WANT TO EVEN TRY AND PRETEND LIKE THAT'S TRUE OR WE COULD, YOU KNOW, WE COULD JUST SAY THAT THAT'S A HYPOTHETICAL BECAUSE IT IS 'CAUSE WE DON'T KNOW WHAT'S GONNA HAPPEN. BUT SURE, LET'S PRETEND LIKE THAT'S REMOTELY TRUE. HERE'S WHAT, UH, SCHWARTZ HAD TO SAY ON THE DRIVE-THROUGH. THE PLANNING BOARD HAS REVIEWED NUMEROUS PROPOSALS FOR DRIVE-THROUGHS OVER THE YEARS. WE HAVE TYPICALLY ASKED FOR THERE TO BE ENOUGH ROOM FOR A CAR TO GET OUT OF THE QUEUE IF IT CHANGES ITS MIND. THERE IS NO POSSIBILITY OF THAT IN THIS CURRENT PLAN. SO IF A GARBAGE TRUCK CANNOT GET THROUGH DURING OPERATING HOURS, 'CAUSE THERE'S TOO MUCH TRAFFIC, THERE'S NO ROOM FOR A GARBAGE TRUCK TO GET THROUGH, CAN AN AMBULANCE GET THROUGH? CAN A FIRE TRUCK GET THROUGH? I MEAN THESE ARE IMPORTANT QUESTIONS. LASTLY, SINCE THERE WAS SOME TALK TONIGHT ABOUT TRAFFIC, HERE'S WHAT HOWARD SCHWARZ HAD TO TALK ABOUT. HAVE TO SAY ON TRAFFIC, THE SINGLE CURB CUT DESIGN REQUIRES TWO-WAY TRAFFIC IN AND OUT. FOR THOSE NOT USING THE DRIVE-THRU, PEOPLE TRYING TO GET TO THE DRIVE-THRU WILL HAVE TO CONTEND WITH CARS PULLING OUT OF PARKING SPACES, CREATING POTENTIAL CONFLICTS. IN ADDITION, THE FIRST TWO OR THREE PARKING SPACES ON THE RIGHT AS THE SITE IS ENTERED ARE ALSO PROBLEMATIC. IT'S QUITE LIKELY THAT SOME CARS COMING OFF CENTRAL AVENUE WILL ENTER THE SITE AT A SUBSTANTIAL RATE OF SPEED FROM THE SITE PLAN. IT DOES NOT APPEAR THAT THE ENTERING DRIVER WOULD SEE SOMEONE PULLING OUT OF ONE OF THOSE SPACES. THIS IS SOMEONE THAT DID THIS FOR DECADES AND IS IMPLORING YOU TO VOTE NO TONIGHT AGAINST THESE VARIANCES. SO CHRISSY, I JUST WANTED TO BRING THAT UP THAT SOMEONE FROM THE PLANNING BOARD IS COMPLETELY AGAINST THE DECISION THAT WAS MADE. UH, NOW I WANNA REFERENCE AGAIN, LOUIS SPECIFICALLY AND WILLIAM, YOU GUYS WERE TALKING AMONGST EACH OTHER UH, AT THE BEGINNING OF THE DELIBERATION LAST TIME. AND YOU SAID THAT YOU DROVE PAST THE HONEY BAY CAM ACTUALLY WENT THROUGH THE BACK AND YOU SAID THAT ANYTHING IS BETTER THAN WHAT'S CURRENTLY THERE. YOU EVER ROOM FULL OF PEOPLE PROVING TO YOU THAT THAT'S NOT TRUE? ANYTHING IS NOT BETTER THAN WHAT'S THERE RIGHT NOW. A TACO BELL OPEN UNTIL 3:00 AM IS NOT BETTER THAN WHAT'S THERE RIGHT NOW. ALSO, THE SACRED HEART CHURCH WROTE A LETTER TO THE PLANNING BOARD TO TELL YOU AN EMPLOYEE THAT THAT'S NOT TRUE. A TACO BELL OPEN UNTIL 3:00 AM IS NOT BETTER THAN WHAT'S THERE RIGHT NOW. NOW, AS I RECORD COMMENT ON THAT, NO, I I'M LET HIM FINISH 'CAUSE I'M GONNA COMMENT 'CAUSE I DON'T RECALL EVER SAYING ANYTHING REMOTELY CLOSE TO THAT. BUT YOU CONTINUED. YOU DID. YOU DID. I DIDN'T. YOU GUYS WERE TALKING. YOU GUYS DID. NO, NO, I WASN'T. FIRST OF ALL, I WAS NOT THE LAST MEETING. SO THAT DEFUNCTS THAT, OH, OCTOBER, THE OCTOBER MEETING. OH, THE OCTOBER. SO AGAIN, THE POINT IF WE'RE GONNA TALK ABOUT THE POINT THAT I SAID WAS THAT I WAS IN AGREEMENT WITH THE, WITH THE, UM, COMMUNITY AND I WAS ACTUALLY THE ADVOCATE INDICATING THAT IT WOULD BE A HARDSHIP. SO AT NO POINT DID I EVER SAY WOULD BE BETTER THAN SOMETHING. HOWEVER, WHAT I WILL SAY, WHICH I WILL DISCUSS IN DELIBERATION SINCE WE'RE GONNA TAKE IT THIS WAY, IS THAT AS OF RIGHT THERE IS, IT IS IN A COMMERCIAL ZONE. SO SOME OF THE TEST FACTORS THAT YOUR ATTORNEY HAS PRESENTED ARE ACCURATE. BUT AT THE SAME TIME, WHAT NOW MUST COME BEFORE THE BOARD IS WHETHER OR NOT WE ARE GOING TO REFUSE A APPROVED USE OF A PROPERTY. AND I WAS THE ONE WHO INITIALLY QUESTIONED HOW THE QUEUE WOULD BE SET UP. AND I'M THE ONE WHO SPOKE ABOUT THE VEHICLES COMING THROUGH AND I'M THE ONE WHO SPOKE ABOUT THE LIGHTS, HOW HIGH THE LIGHTS WOULD BE. I'M THE ONE WHO QUESTIONED THE HOURS OF OPERATION. SO I DO TAKE A LITTLE BIT OF HEMORRAGE TO YOU ACCUSING ME OR STATING TO ME THAT I'M THE ONE WHO SAID THAT ANYTHING'S BETTER THAN NOTHING. 'CAUSE THAT'S NOT WHAT I PERSONALLY SAID, BUT I DID OKAY. I I I DID, I DIDN'T MEAN IT IN OFFENSE. I SAID THAT IT WAS SAID WHILE YOU GUYS WERE TALKING TO EACH OTHER. BUT WILLIAM, I I APPRECIATE EVERYTHING THAT YOU'VE DONE SO FAR. WHEN I SAID THAT I MEANT IT AESTHETICALLY, THE CURRENT, UM, A BUILDING THAT'S THERE IS REALLY IN BAD SHAPE. AND WHAT WAS PROPOSED IN TERMS OF THE DESIGN OF THE TACO BELL, UM, IS DEFINITELY BETTER THAN WHAT'S THERE NOW. UM, IN TERMS OF FUNCTION, NOISE, UH, TRAFFIC, UM, THAT WAS NOT WHAT I MEANT WHEN I SAID IT WAS BETTER THAN WHAT'S CURRENTLY THERE. OKAY. UH, TOTALLY UNDERSTOOD. APPRECIATE THE CLARIFICATION LEWIS. UM, AESTHETICS ARE SUBJECTIVE, UM, FROM OUR POINT OF VIEW, THE PEOPLE THAT LIVE THERE 365 DAYS A YEAR, IT'S NOT BETTER THAN WHAT'S THERE CURRENTLY FOR, FROM OUR PERSPECTIVE, BUT I DEFINITELY APPRECIATE THE CLARIFICATION. [01:35:01] WELL, I'M GLAD YOU SAY THAT. THAT'S BY YOUR PERSPECTIVE. YEAH, ABSOLUTELY. THANK YOU. DON'T, DON'T GET ME STARTED ON THIS NOW. PLEASE. ALL RIGHT, . OKAY. AND THEN TRY, TRY AND CLEAN IT UP. OKAY. BECAUSE YOU'RE GETTING ME ANGRY. OKAY, WELL I APOLOGIZE. SO I WILL MOVE ON TO MY LAST POINT, WHICH WAS, IT WAS MENTIONED LAST TIME THAT THE TRAFFIC STUDIES AND THE NOISE ARE HYPOTHETICALS. WE DON'T KNOW A HUNDRED PERCENT WHAT THOSE WILL LOOK LIKE UNTIL THE TACO BELL BELL IS BUILT AND IT'S ACTUALLY THERE. SO THE NON HYPOTHETICALS, THE THINGS THAT ARE ACTUALLY GOING TO OCCUR, WHAT THEY'RE APPLYING FOR IS ONE A BUILDING VARIANCE. SO THEY KEEP MENTIONING THAT THEY ARE REDUCING THE REQUIREMENT OR WHAT THEY ORIGINALLY PROPOSED, UM, FROM APPROXIMATELY 24 FEET DOWN TO 21 FEET. SO IT SOUNDS LIKE THEY'RE REDUCING IT BY THREE FEET, WHICH IS GREAT. BUT THE WHAT'S PERMITTED IS 12 FEET. SO THAT'S A 76% VARIANCE AND THAT'S A MEANINGFUL, THAT'S A MEANINGFUL IMPACT. UM, SOME OTHER THINGS LIKE THE MAXIMUM IMPERVIOUS SURFACE COVERAGE THAT THEY'RE APPLYING FOR PERMITTED IS 60% VERSUS WHAT THEY'RE APPLYING FOR IS 72%. IN TERMS OF PERCENT CHANGE, I MEAN THAT'S MORE THAN 20% THE FRONT YARD LANDSCAPE BUFFER, THEY'RE ASKING FOR IT TO BE REMOVED. I MEAN THAT'S A HUNDRED PERCENT CHANGE IN VARIANCE. AND THE MAXIMUM HEIGHT OF THE SIGNAGE ALLOWED IS FOUR FEET. AND THEY'RE ASKING FOR 5.42 FEET. THAT'S A CHANGE OF 28%. THESE PERCENTAGES ARE MATERIAL. THEY DO AFFECT OUR EVERYDAY LIFE. AND SOMETHING THAT PETER MENTIONED LAST TIME WAS THE CHARACTER OF THE AREA. PETER, YOU HAD MENTIONED THAT YOU'VE BEEN IN THE AREA FOR DECADES AND THAT YOU USED THIS SPECIFIC WORD CHARACTER, WHICH WE REALLY APPRECIATED. UM, THAT IT SIG THESE VARIANCES SIGNIFICANTLY CHANGED THE CHARACTER. SO THE POINT OF IT WAS THAT WHILE YOU MAY NOT WANNA MAKE YOUR DECISION BASED ON HYPOTHETICALS, THAT THE TRAFFIC MAY INCREASE, THE NOISE MAY INCREASE, THESE VARIANCES DRAMATICALLY CHANGE THE CHARACTER OF THE AREA AND THE BUILDING THAT'S CURRENTLY THERE. SO WE ASK YOU TO PLEASE VOTE AGAINST THE VARIANCES TONIGHT AND WE APPRECIATE YOUR TIME. ANYONE ELSE? SORRY. UH, SORRY I JUST BROUGHT MY PHONE UP 'CAUSE I DON'T HAVE ANY PAPERS OR PREPARED NOTES. UH, MY NAME IS ARTHUR BROWN. I'M A RESIDENCE OF HARTSDALE GARDENS. I HAVE TWO BEDROOMS WHOSE WINDOWS WILL, WILL DIRECTLY OUT OVER THE PROPOSALS BUILDING HERE. UM, I LIKE HARSDALE GARDENS. ABOUT TWO YEARS AGO I LOOKED AT MANY CONDOS CO-OPS TO BUY THE CHARACTER OF THE BUILDING SOLD ME ALONG WITH THE COMMUNITY AMENITIES. IT IS IMPORTANT I'M NOT HERE GETTING PAID. AND THIS TACO BELL TEAM HAS THROWN NUMBERS AFTER NUMBERS. BUT THERE'S A REASON WHY WE HAVE PEOPLE SUCH AS YOURSELF MAKING THESE DECISIONS. THIS ISN'T A DECISION TO BE MADE BY PERCENTAGES OR ANYTHING ELSE. A COMPUTER CAN DO THAT. AN ALGORITHM CAN DO THAT. WE WANT YOU TO CONSIDER NOT THE FACTS, THE FIGURES, BUT WE DO WANT YOU TO CONSIDER THEM. LEMME PHRASE THAT. BUT WE WANT YOU TO BE HUMANS, NOT COMPUTERS OR ALGORITHMS. THERE IS A REAL PLACE OF BEING AT HARTSDALE GARDENS. IT WAS BUILT IN 1927. IT'S UNIQUE. IT SHOULD BE HONORED. I PUT DOWN SOME NOTES HERE AND I DIDN'T HAVE ANY PREPARED NOTES. I APOLOGIZE. BUT I OWN SEVERAL MOTORCYCLES. MOTORCYCLES ARE LOUD, [01:40:01] ONE FOOT AWAY, 100 FEET AWAY, 1000 FEET AWAY. MOTORCYCLES ARE LOUD AND VERY FEW MOTORCYCLES LATE AT NIGHT, DRIVEN BY MOST ENTHUSIASTS. REV THEIR ENGINES. WE ALL KNOW IT. I AM OF THE MOTORCYCLE COMMUNITY, THE SIX FOOT, 10 FOOT WHATEVER. HIGH WALLS WILL DO NOTHING TO PROTECT MY WINDOWS. I'M ON THE SIXTH FLOOR. I HAVE DIRECT LINE OF SIGHT TO WHERE THIS SQUAWK BOX, THIS LINE OF CARS WILL BE. I DON'T HAVE CENTRAL AIR CONDITIONING. MY WINDOWS WILL BE OPENED AGAIN IN DECIBEL LEVELS, LOGARITHMS, EVERYTHING ELSE. IF I WANNA READ MY GRANDCHILDREN A BEDTIME STORY WITH A COLD BREEZE ON A SUMMER NIGHT, DO I WANNA BE INTERRUPTED BY THE NOISE THAT WILL BE THERE? THERE'S A LOT OF SMOKE AND MIRRORS IN THESE NUMBERS. THE NUMBERS TELL A STORY. BUT YOU CAN TAKE A PICTURE, YOU CAN TAKE A VIDEO AND MAKE TWO PEOPLE LOOK LIKE A CROWD OF THOUSANDS. ALL THESE NUMBERS ARE SNAPSHOTS THAT DO NOT TELL THE WHOLE PICTURE. THERE ARE HUMANS HERE, THERE'S A COMMUNITY HERE. THERE'S A BUILDING THAT DESERVES RESPECT. THE PEOPLE IN IT DESERVES RESPECT. I CAN ONLY IMPLORE YOU TO USE YOUR COMMON SENSE, YOUR REAL WORLD KNOWLEDGE. HOW MANY TIMES ARE WE TOLD THINGS BY PROFESSIONALS COMMERCIALS THAT SAY YOU'RE GONNA BE 20% BETTER IF YOU TAKE THIS. AND THAT NUMBERS DON'T LIE, BUT THEY CAN BE MANIPULATED. LOOK AT THE WHOLE PICTURE PLEASE AND COME TO A JUST DECISION. THIS HAS BEEN HANGING OVER OUR HEADS AND I WOULD LIKE AT THE END, THANK YOU FOR YOUR TIME. BE BEFORE YOU GO. 'CAUSE I ALSO RIDE AS WELL. I'M ACTUALLY LOOKING FOR A NICE, UH, ROAD GLIDE RIGHT NOW. BUT HOW MANY TIMES? 'CAUSE I PERSONALLY HAVE NEVER ACTUALLY TAKEN MY MOTORCYCLE THROUGH A DRIVE THROUGH. SO YOU CUSTOMARILY RIDE YOUR MOTORCYCLE THROUGH A DRIVE THROUGH TO PICK UP SODA AND DRINK. OKAY? NO, BUT ME AND MY BUDDIES, WE'LL GO TO THE PARKING LOT. RIGHT? SO THAT'S, AND WE'LL BE THERE NOT TO CUT YOU OFF, BUT THAT WAS EXACTLY THE POINT THAT I WAS MAKING IN THE LAST MEETING AND THAT WAS REFUTED BY THE APPLICANT IN TERMS OF HOW MANY PEOPLE WOULD CONGREGATE. SO IN ANY COMMENTARY THAT I MADE BEFORE, IT WAS RELATIVE TO EXACTLY WHAT YOU'RE SAYING. AND AGAIN, IT'S NOT PREDICATED ON THE DRIVE THROUGH, BUT WHETHER OR NOT AT 3:00 AM YOU GET A GROUP OF KIDS WHO ARE ON SCOOTERS OR WHATEVER THE CASE MAY BE, WHO ARE JUST IN THE PARKING LOT, THAT IS A TESTIMONY AND COMMENTS THAT I MADE IN THE LAST MEETING. THANK YOU. OKAY. RIDE SAFE. I GOT A QUESTION FOR YOU. OH YES, PLEASE. HOW WOULD YOU CHARACTERIZE, UH, THE, THE LATE NIGHT NOISE RIGHT NOW WHERE YOU LIVE? I KNOW YOU KIND OF THINK I'M JUST BIRDS, BIRDS . I'M ON THE SIXTH FLOOR. I GOT TREES. UM, HONEY BAKE HAM. YEAH. CLOSES. OKAY. UM, DO I KNOW THAT CENTRAL AVENUE IS THERE? YEAH, BUT CAN I HEAR BIRDS? YES. OKAY. DO YOU, DO YOU HEAR EMERGENCY VEHICLES? I WILL HEAR IT, BUT IT'S NOT INTRUSIVE AND RANDOM AND INFREQUENT. OKAY. I WANTED YOUR IMPRESSION WHEN I, WHEN I LIVED AT THE SAME SIMILAR CORNER, [01:45:01] UH, I, I WAS FACING THE FIRE DEPARTMENT AND I HEARD THE FIRE DEPARTMENT REGULARLY. NOW AS YOU SAID, IT'S NOT ALL THE TIME, BUT I CERTAINLY HEARD IT. RIGHT. AND IF I MAY SHARE MY OPINION, RESPONDING TO THAT, IF I'M DISTURBED BY AN AMBULANCE OR A FIRE TRUCK OR A POLICE VEHICLE, WELL IN MY MIND I KNOW THAT'S FOR A GOOD REASON. AND IN MY PERSONAL OPINION, IF THE SIREN OF AN AMBULANCE SAVING A LIFE WAS GLARING IN MY EAR AND THE LIGHTS WERE BLINDING MY EYES, THE GREATER GOOD IS BETTER THAN MY INCONVENIENCE. SO THERE'S A DIFFERENCE BETWEEN A 3:00 AM SNACK AND AN AMBULANCE. I'M SORRY. THAT'S MY OPINION. OKAY. I TRULY APPRECIATE YOUR TIME. THANK YOU. I AM KIMBERLY MILO. I'M GONNA SPEAK SUPER QUICK. I LIVE IN BUILDING 37, THAT'S THE MIDDLE PART. 47 IS GONNA BE AFFECTED. 27 IS ON THE OTHER SIDE. SO I'M IN THE MIDDLE. I'M NEITHER HERE OR THERE WITH THE NOISE, BUT YEAH. ASKED A QUESTION ABOUT THAT. SUNOCO IS ON THE LEFT SIDE. SINCE I'M IN THE MIDDLE OF BUILDING, I CAN HEAR THEM PUMPING THE GAS. I CAN HEAR THEM TALKING WHEN THE TRUCK COMES AT 2:00 AM IT'S VERY LOUD. UM, SO AGAIN, ME JUST BEING IN THE MIDDLE OF BUILDING WILL AFFECT, IMAGINE WHAT A BIG TACO BELL'S GONNA DO TO BUILDING 47. IT'S JUST WHAT I WANTED TO BRING UP. HI, MY NAME IS KAREN STAFF. I LIVE AT 37 NORTH CENTRAL LAKE KIM. I'M IN THE MIDDLE BUILDING. I'VE OWNED MY APARTMENT SINCE 1989. SO I'VE LIVED THROUGH DUNKING DONUTS, SUNSHINE, BAGELS, HONEY HAM. WHEN IT WAS VACANT. I ALSO, AS THEY MENTIONED, THE BUILDING WAS BUILT IN 1927. IT WAS THE FIRST BUILDING IN WESTCHESTER COUNTY FOR HOMES THAT WAS OVER FOR RESIDENTIAL. THAT WAS OVER THREE STORIES, WHICH MEANS THAT OUR APARTMENT ACTUALLY HAD A BALLROOM. AND MY APARTMENT IS COMPRISED OF HALF OF THE BALLROOM. SO NONE OF MY WINDOWS EXCEPT FOR ONE IN THE BATHROOM, ALLOWS ME TO HAVE AN AIR CONDITIONER. SO MY WINDOWS ARE OPEN ALL YEAR VIRTUALLY BECAUSE IT OFTEN GETS TOO HOT IN THE BUILDING AND YOU HAVE TO HAVE IT. I HEARD THE GARBAGE TRUCKS, I HEAR EVERYTHING THAT GOES ON IN THAT PARKING LOT EVEN THOUGH MY WINDOWS AREN'T DIRECTLY THERE. THE OTHER THING IS THAT I'M AN EXTREMELY EARLY RISER. I'M UP EVERY DAY BY FOUR. I GO TO BED AROUND MIDNIGHT, I COMMUTE INTO THE CITY. I'M ON THE FIRST TRAIN. IF YOU'VE EVER BEEN ON CENTRAL AVENUE IN THE MORNING AND A WEEKEND, ESPECIALLY WHEN THERE'S NO TRAFFIC AND YOU HEAR A BUNCH OF BICYCLISTS GO BY, YOU CAN HEAR EVERY WORD THAT THEY'RE SAYING WHEN THEY'RE DOWN AT THE INTERSECTION BEFORE THEY EVEN GET TO THE FRONT OF OUR BUILDING. NOISE CARRIES WHEN IT'S QUIET VERY, VERY FAR. WHEN, WHEN DUNKING DONUTS WAS THERE, I USED TO HEAR PEOPLE COME IN IN THE MIDDLE AND THEY'D BE GATHERED IN THE PARKING LOT AND THEY'D BE TALKING, I'D HEAR WHEN THE COPS WERE CALLED BECAUSE THERE WERE UNRULY PEOPLE. AND I'M CONCERNED, NUMBER ONE, ABOUT THE GARBAGE BEING PICKED UP IN THE THREE HOURS OR FOUR HOURS THAT I SLEEP. AND NUMBER TWO, THE NOISE THAT'S GONNA JUST BE HEARD FROM PEOPLE TALKING IN THEIR CARS, FORGETTING JUST THE SPEAKER, BUT JUST THE GENERAL NOISE GOING AROUND. PEOPLE PLAYING MUSIC. AND THEN ONE LAST THING, JUST AS, AS I SAID, I'VE BEEN THERE SINCE 1989, THE TRAFFIC IS HORRENDOUS AND AT TIMES DURING LIKE THE HOLIDAYS IT GETS EVEN WORSE AND IT TAKES A LOT LONGER THAN 30 SECONDS OR WHATEVER IT IS TO GET IN OR OUT OF ANY OF THE PARKING LOTS. THANK YOU. HI, MY NAME IS JUDY HOFFMAN AND I LIVE ON, IN 47 ON THE UH, HONEY BEG TAM SIDE. I HAVE A FEW CONCERNS WHICH HA HAVE BEEN ADDRESSED AND THOUGHTFULLY QUESTIONED ABOUT THE NOISE AND THE TRAFFIC. I'M ALSO CONCERNED SINCE MY PARKING SPOT IS [01:50:01] ON IN 47, THE 47 LOT, THAT WHEN I COME HOME FROM WORK AT NIGHT, SOMEONE WILL BE IN MY SPOT. THAT'S NOT SAFE FOR ME OR FOR ANYONE ELSE. AND I DO THANK YOU FOR YOUR SERVICE. HI, UM, MY NAME IS VALERIE DUVAL. I LIVE IN THE 47 BUILDING AND I'VE BEEN THERE 30 YEARS, ALMOST. NOT AS LONG AS KAREN, BUT ALMOST. UM, WHAT I WOULD IMPLORE YOU ALL TO THINK ABOUT IS THE QUALITY OF LIFE OF THOSE RESIDENTS THAT LIVE ON THAT SIDE. WE'VE ALL HEARD ABOUT POTENTIAL, YOU KNOW, NOISE AND, UH, SMELLS. NOBODY MENTIONS SMELLS COMING THAT WAY OF FOOD ALL THE TIME. AND I THINK YOU MENTIONED QUALITY OF LIFE. UM, I WOULD JUST LIKE YOU ALL TO THINK OF WHAT, IF YOU LIVED THERE WOULD, HOW WOULD YOU FEEL AND WOULD YOU GRANT THE APPLICANT THE VARIANCE? THANK YOU. GOOD EVENING. UH, MY NAME IS SKAR SARAVIA AND I LIVE IN THE 27TH BUILDING RIGHT NEXT TO THE GAS STATION, THE FIRST FLOOR. MY DAUGHTER, WHEN I FIRST MOVED, UH, I LOVED THE AREA, I LOVED THE BUILDING, BUT I DIDN'T THINK THAT MY DAUGHTER'S GONNA BE WAKING UP IN THE MIDDLE OF THE NIGHT. 'CAUSE I DIDN'T KNOW THE TRUCK. THE DELIVER IS AT FOUR O'CLOCK IN THE MORNING, THREE O'CLOCK IN THE MORNING WHEN I HAVE NO GAS. I DIDN'T KNOW THAT THEY HAVE, THEY DON'T HAVE A TIME. I THOUGHT IT WAS THE TIME I HAD TIME LIMITS TO THE STUFF THAT THEY DELIVER, THE TIMES. BUT APPARENTLY THEY DON'T. THEY DELIVER WHENEVER THEY FEEL LIKE IT. SO NOW I'M GETTING USED TO AFTER THREE OR FOUR YEARS. AND MY OTHER CONCERN IS MY SAFETY. WHEN YOU HAVE TO OPEN THE TACO BELL, NOW WE HAVE UBERS DRIVERS, THEY HAVE CAR PARKED DRIVERS AND THEY'RE USING BICYCLES, THEY'RE USING MOPEDS, THEY'RE USING ALL THIS STUFF. AND THE TOWN, THEY HAVE NO SIGN. THEY'RE WEARING BLACK JACKETS AND ALL THIS STUFF. SO MY SAFETY CONCERN IS IF I WANT TO GET OUT OF THE PARKING LOT AND THESE PEOPLE, THEY, THEY DON'T CARE ABOUT SAFETY. THEY JUST GO AND TRY TO DELIVER. THAT'S THEIR JOB. THAT'S WHAT THEY'RE DOING. I DON'T MIND THAT. BUT IF THEY PUT A TACO BELL, PEOPLE ARE GONNA BE CALLING FOR DELIVERIES. AND THAT'S NOT IN THE BARRIER. THAT'S NOWHERE IN, IN NUMBERS. 'CAUSE I DON'T HEAR THEM TALKING ABOUT THAT. THAT'S MY THING. MY SAFETY TOO AND THEIR SAFETY. SO I WANNA THANK YOU. HELLO, MY NAME IS CAMILLE. I LIVE AT 27 IN THE, IN THE MORNINGS AND IN THE SUMMERTIME. UM, THE GAS STATION FACE, I FACE THE BED, MY BEDROOM FACES THE GAS STATION AND I HEAR KIDS TALKING. I HEAR THE POLICEMEN COMING. I HEAR PEOPLE ARGUING. I HEAR CAR DOORS SLAMMING. I JUST CAN'T BELIEVE THAT WE COULD HAVE MORE NOISE THAN THAT. IT'S JUST IMPOSSIBLE TO SLEEP. AND I MEAN, TACO BELL WOULD JUST DESTROY THE NEIGHBORHOOD. THANK I AM GONNA HAVE TO TAKE A BREAK AFTER THIS GUY. NEVER ACTUALLY BEEN TO ONE OF THESE BEFORE. . UM, YEAH, MY NAME'S, UH, TONY BURNO. UM, I LIVE IN, UH, BUILDING 27. BEEN HERE FOR A WHILE NOW. AND, UM, IN MY YEARS, UM, YOU KNOW, LIKE THE NEIGHBORHOOD HAD, NEIGHBORHOOD HAS A CERTAIN LIKE FEEL TO IT AND, UH, PRETTY QUIET LIKE NIGHT, NIGHTTIME. IT'S LIKE YOU COULD WALK OUTSIDE AND THERE'S REALLY NOT A LOT OF NOISE OR ANYTHING. UM, I FEEL LIKE, YOU KNOW, AGAIN, YOU KNOW, SOMEONE MENTIONED EARLIER THAT IT'S NOT ABOUT TACO BELL, IT'S ABOUT THE UM, THE HOURS AND YOU KNOW, IT'S VERY, UM, IT, IT'LL STICK OUT LIKE A SORE THUMB BECAUSE UM, YOU KNOW, IT'S A QUIET NEIGHBORHOOD GENERALLY, UH, OLDER RETIRED PEOPLE, FAMILIES. AND UM, YOU KNOW, I JUST THINK IT'S DOESN'T FIT IN WITH THE MOLD OF THE NEIGHBORHOOD. THAT'S ALL . EXCUSE ME. [01:55:04] HI, GOOD EVENING. I'M ROBERT ORLOWSKI. I'VE SPOKEN TO YOU A COUPLE TIMES BEFORE. YOU KNOW, I THINK IN, IN SUMMARY, THIS, THIS APPLICATION JUST DOESN'T WORK, PERIOD. THIS USE DOES NOT BELONG IN THIS SITE. IF IT BELONGED IN THIS SITE, THE APPLICANT WOULDN'T BE SEEKING 14 ZONING VARIANCES. AND YOU KNOW, I'M HEARING A LOT OF THING ABOUT THESE SOUND STUDIES, TRAFFIC STUDIES. I DON'T THINK AN APPLICANT BEFORE A ZONING BOARD HAS EVER PRESENTED YOU GUYS WITH A BAD TRAFFIC STUDY, HAVE THEY? OR BAD SOUND STUDY. SO WE KNOW THE USE DOESN'T WORK. WE ALSO KNOW IT'S A COMMERCIAL PROPERTY, SO THERE'S SOME AS OF RIGHT. BUT AN AS OF RIGHT KIND OF MEANS TO ME AS A COMMERCIAL BROKER THAT WE CAN MOVE A TENANT IN WITH VERY LITTLE WORK, BUT NOT TO HAVE A YEAR BATTLE. UM, LOOKING FOR 14 ZONING VARIANCES. IT JUST, THAT'S NOT REALLY TO ME A COMMERCIAL RIGHT OF USE. UM, AND THEN JUST FROM A PRACTICAL MATTER SIMPLY, WE ALREADY LIVED THROUGH THIS AS KAREN AND SOME OF THE OTHERS HAVE MENTIONED. THERE WAS A DUNKING DONUTS. YOU ALL KNOW THAT A DUNKING DONUTS WAS THERE FOR, I DON'T KNOW, 20 YEARS OR SO. IT WAS ONLY OPEN I THINK TILL MAYBE 11 AT NIGHT. AND THERE WERE CONSTANT PROBLEMS AS JUDY HOFFMAN MENTIONED. PEOPLE WOULD COME HOME NOT JUST AT NIGHT BUT DURING THE DAY AND THEY'D FIND A DUNKING DONUTS CUSTOMER IN THEIR PARKING SPACE. FORGET ABOUT THE NOISE FACTORS AND THE LITTER, BUT THE, YOU KNOW, THE DUNKING DONUTS FAILED AND THEN YOU HAD THE, UH, THE BAGEL STORE WENT IN THERE. SUNSHINE BAGEL SEEMED LIKE A GOOD USE TO ME. IT WASN'T SUCCESSFUL. AND NOW YOU HAD THE HONEY BAKE HAM THAT DIDN'T SEEM TO DO WELL. SO I'M CURIOUS WHY TACO BELL THINKS THEY'RE GONNA DO SO WELL THERE. I KNOW THEIR MODEL IS DRIVEN BY A DRIVE-THROUGH. OKAY? IT SEEMS TO BE THE DRIVE-THROUGH IS THEIR KEY TO THE SUCCESS. AND WE'VE ALREADY TALKED ABOUT HOW DANGEROUS THE DRIVE-THROUGH WILL BE. IT WILL CAUSE NO NOTHING BUT PROBLEMS. AND THEN 20 SPACES, 20 OPEN PARKING SPACES AND BOARD MEMBERS HAVE SAID IT'S GONNA BE A DRAW. IT'S GONNA BE A HANGOUT DURING THE SUMMER. KIDS, HIGH SCHOOL KIDS, WHY NOT? HEY, LET'S GO OVER TO TACO BELL. WE'LL HANG OUT IN THE PARKING LOT. WE'LL HAVE SOME, YOU KNOW, BURRITOS AND FOOD AND WE'LL JUST HANG OUT. WE'LL PLAY OUR RADIOS AND WHAT'S GONNA DO IS YOU GUYS ARE GONNA START A FIRE. THERE'S GONNA BE A FIRE BETWEEN THE NEIGHBORS, BETWEEN TACO BELL AND HARTSDALE GARDENS. THAT FIRE WON'T GET PUT OUT. AND THE ONLY WAY WE'LL CONTROL IT IS THE RESIDENTS WILL HAVE TO CALL THE GREENBURG POLICE. SO THE GREENBURG POLICE WILL PUT A CAR THERE EVERY NIGHT ON CENTRAL AVENUE. THAT'S WHAT'S GONNA HAPPEN IF IT, IF IT ACTUALLY GOES THROUGH. SO, YOU KNOW, I SPOKE TO RICK RACO, YOU PROBABLY HEARD THAT NAME. RACO ASSOCIATES. THEY UH, HUGE COMMERCIAL BROKER IN WESTCHESTER. THEY HAVE SIGNS ALL UP AND DOWN CENTRAL AVENUE. RICK RACO PUT HIS, HIS FIRM PUT HONEY BAYHAM AT THAT LOCATION AND I WAS TALKING TO HIM ABOUT TACO BELL AND HE WAS ACTUALLY TOTALLY SURPRISED IF THEY'D BE LOOKING TO MOVE INTO A PARCEL THAT SMALL BASED ON THEIR NEEDS. YOU KNOW, WE HAVE THE WHITE PLAINE SHOPPING CENTER WE'VE MENTIONED BEFORE, WE HAVE THE BOWLING ALLEY, WHICH IS OPEN TILL 2:00 AM THAT'S THE KIND OF COMMERCIAL PROPERTY. THIS USE BELONGS IN A COMMERCIAL PROPERTY WITH OTHER TENANTS THAT ARE OPEN THAT LATE. THEY'LL FEED OFF EACH OTHER, THE CUSTOMERS WILL COMPLIMENT EACH OTHER. BUT STICKING A TACO BELL NEXT TO HARTSDALE GARDENS WOULD BE JUST AN EGREGIOUS MISTAKE AND A TOTAL ADVERSE IMPACT ON THE NEIGHBORHOOD AND IT WILL CAUSE PROBLEMS. THANKS. I DON'T SEE ANYONE STANDING UPSTANDING UP. DO WE HAVE ANYONE ON THE SCREEN? ALRIGHT, I WILL GIVE THE APPLICANT SHORT TIME IF YOU WISH TO TAKE IT JUST VERY BRIEFLY. UM, AGAIN, JUST TO CLARIFY, 10, 10 VARIANCES ARE BEING SOUGHT. UM, ONLY THREE ARE BEING INCREASED IN IN THE NONCONFORMITY, UM, ENVIRONMENTAL IMPACTS. WE'VE GOT SIGNIFICANT AMOUNT OF PERVIOUS PAVERS THROUGHOUT THE PARKING LOT AREA AND WE'VE ACTUALLY GOT A NET INCREASE IN GREEN SPACE. SO IN TERMS OF ATTRACTIVENESS, IN TERMS OF GREEN SPACE, THIS IS A NET INCREASE IN GREEN SPACE. UM, THAT'S ALL I'LL SAY. WE, WE APPRECIATE YOUR TIME. UH, I THINK YOU HEARD A LOT, AGAIN, SOME OF THE, I JUST ASKED THE BOARD TO REALLY CUT THROUGH SOME OF THE RHETORIC, UM, AND REALLY LOOK AT THE EMPIRICAL DATA [02:00:01] AND WHAT AN APPLICANT NEEDS TO SHOW UNDER SEEKER AND UNDER THIS BOARD'S CASE LAW WITH, WITH THE BALANCING TEST, WHAT DO WE NEED TO SHOW TO GET THIS BOARD COMFORTABLE WITH THIS PROJECT? SO THANK YOU. OKAY. ALRIGHT. TAKE A BREAK, WHICH IS SOMEWHAT UNUSUAL. WE USUALLY GO THROUGH ALL OUR, I LIKE A BREAK BEFORE WE TAKE PLACE, BUT UM, WE WALK. DO THAT. OKAY. HEAR YE I DON'T KNOW IF WE'RE IN MY, I JUST WANT EVERYBODY TO SIT. I THOUGHT THAT WAS THE BEST. OKAY. ALRIGHT. I JUST WANT ALL OF YOU TO KNOW THAT WE STILL HAVE TWO OTHER CASES THIS EVENING. SO IF YOU HAVE YOUR LUNCH, YOU'RE WELCOME TO STAY. BUT I WOULD PREFER IF SOMEONE WANTS TO LEAVE BECAUSE THEY DON'T WANT TO WAIT UNTIL ALL OF THIS HAS HAPPENED. BECAUSE EVEN AFTER WE DO THE CASES, WE HAVE TO DO OUR DELIBERATIONS. SO IF YOU WISH TO, IF YOU WISH ME, YOU COULD GO HOME, YOU CAN WATCH IT ON TV. NOW'S THE TIME FOR ME. YEAH, NOW'S THE TIME BECAUSE I DON'T WANT PEOPLE MAKING NOISE AND SHUFFLING AROUND WHEN OTHER PEOPLE ARE TRYING TO TALK TO US AND LET EVERYONE SEE WHY THEY WANT WHAT THEY WANT. OKAY? OKAY. ALRIGHT. OUR NEXT CASE IS CASE 25 38. SUNNY SUNNYDALE REALTY CORPORATION, AKA SUNNYDALE COUNTRY CLUB. AND WHO DO WE HAVE? UM, MADAM CHAIR, I JUST WANT TO, UM, SAY THAT I AM A MEMBER OF SUNNYDALE COUNTRY CLUB. UM, I INTEND TO HEAR THE CASE. UM, IF ANYONE HAS ANY OBJECTIONS TO ME HEARING THE CASE OR VOTING ON THE MATTER, UM, PLEASE SAY SO AND IF NOT, THEN WE CAN MOVE FORWARD. GOOD EVENING, MADAM CHAIR AND MEMBERS OF THE ZONING BOARD. MY NAME IS HELEN MARCH, M-A-U-C-H, WITH THE LAW FIRM OF MINUR MARCH FOR THE APPLICANT, SUNNINGDALE COUNTRY CLUB. UH, WITH ME TONIGHT IS THE SUPERINTENDENT OF THE CLUB, SEAN KANE, THE CLUB PRESIDENT, DONALD IAN. UH, ZACH PEARSON FROM INSIGHT, WHO YOU'LL HEAR FROM IN A COUPLE OF MINUTES. AND ON ZOOM WE HAVE ALAN BRA, THE CHAIR OF THE FACILITIES COMMITTEE AND THE CLUB MANAGER MICHAEL NIGERS. UH, THE CLUB'S APPLICATION BEFORE YOU IS FOR AN AREA VARIANCE TO INCREASE THE HEIGHT OF POLES AND NETTING AROUND THE TENNIS AND PICKLEBALL COURTS TO 65 FEET TO ENHANCE SAFETY OF THE RACKET PLAYERS. IN 1998, THE ZONING BOARD ISSUED A VARIANCE TO ALLOW THE EXISTING NETTING AROUND THE TENNIS COURTS. THIS APPLICATION IS TO REPLACE THE EXISTING 11 POLES AND NETTING AND TO ADD SIX MORE ALONG THE EXPOSED SOUTHERN AND EASTERN SIDE OF THE PICKLEBALL COURTS. AND TO MAKE ALL OF THEM 65 FEET HIGH. UH, THE CLUB HAS FOUND THAT GOLF BALLS ARE LANDING IN THE COURTS AND THAT INCREASING THE NETTING HEIGHT IS A NECESSARY SAFETY PRECAUTION. I AM GONNA PASS IT ON NOW TO ZACH PEARSON, WHO WILL WALK YOU THROUGH THE PLAN DETAILS AND I WILL COME BACK TO ANSWER ANY QUESTIONS. THANK YOU. [02:05:01] GOOD EVENING, MADAM CHAIR, MEMBERS OF THE BOARD, UH, PERMISSION TO SHARE MY SCREEN THROUGH ZOOM. NAME, UH, ZACH PEARSON WITH INSIGHT ENGINEERING. UH, SO AS HELEN STATED, UM, THE APPLICATION IS TO, UH, RECONSTRUCT 11, UH, POLES AND INSTALL SIX NEW POLES ALONG THE, UM, NORTHEAST AND SOUTH SIDE OF THE EXISTING TENNIS COURTS. THIS IS THE OVERALL VIEW OF THE CLUB. UM, EXISTING TENNIS COURTS ARE CENTRALLY LOCATED, UH, 500 FEET PLUS FROM, UH, UNDER HILL AVE. UM, LET ME JUST ZOOM IN HERE TO THE SHEET. WE'LL START HERE. THERE ARE EIGHT EXISTING TENNIS COURTS. UM, THE BLUE AND RED DOTS, AS YOU CAN SEE ON THE SCREEN ARE, UM, THE BLUE DOTS ARE THE EXISTING POLES TO BE REPLACED BY RED DOTS. SO EVERYWHERE THERE'S A BLUE AND A RED THAT'S EXISTING POLE TO COME DOWN, NEW POLE TO GO UP. ON THE NORTH SIDE OF THE COURTS, THERE ARE FIVE POLES, 50 FEET TALL, 1, 2, 3, 4, 5. THEY DIDN'T GET ALL THE WAY TO THE CORNER. SO THAT WOULD BE A NEW POLE. SO AGAIN, TAKE THOSE FIVE DOWN 50 FEET, PUT UP 65 FOOT, UM, WITH NETTING BETWEEN THE POLES. AND THEN THERE'S 1, 2, 3, 4 ALONG THE EASTERN EDGE. UM, AND THEN THREE NEW POLES ALONG THE SOUTHERN EDGE, KIND OF WRAPPING AROUND THE EXISTING TENNIS COURTS. UM, AGAIN, NETTING SPANNING BETWEEN ALL OF THEM. UM, WE DID DO A VISUAL ANALYSIS. THIS WAS A, A, A VANTAGE POINT FROM UNDERHILL ROAD WHERE WE, WE FLOATED IN WHAT THE NEW POLES WOULD LOOK LIKE IN, YOU KNOW, FROM A VIEWPOINT ON THE, ON UNDERHILL AVENUE OR UNDERHILL. YEAH. TO AVENUE. RIGHT UNDER AVENUE ROAD. ROAD ROAD. SO AGAIN, JUST TO KIND OF TOUCH ON THE CENTRALLY LOCATED THERE, THE FIRST HOLE IS TO THE NORTH OF THE RACKETS. SO THE FIRST TEE BOX IS JUST BESIDE, UM, THE CLUBHOUSE. YOU KNOW, THE RACKETS ARE IN A PRIME SPOT, YOU KNOW, SLICE, HIGH, SLICE TO THE RIGHT. IT'S KIND OF RIGHT, RIGHT WHERE THE RACKETS IS LOCATED. UM, 18TH HOLE IS ON THE, YOU KNOW, COMES ALONG THE SOUTH SIDE OF RACKETS. AGAIN, IT'S ON THE RIGHT PRIME LOCATION SLICE OFF OF THE TEE BOX. SO 18 IS HERE, COMING TO THE SOUTH. FIRST HOLE IS ON THE NORTH. IT RUNS EAST, UH, WEST TO EAST. I DUNNO IF YOU HAVE ANY QUESTIONS ON THE SITE PLAN OR NO, ACTUALLY I WAS LOOKING AT IT IN THE ANGULATION. THAT KIND, THE ANGULATION, THAT KIND OF TIPS OUT AT THE TOP. THIS IS NOT A PLAN FOR ANY LIGHTS OR ANYTHING. IT'S JUST NETTING. JUST NETTING. YEAH. THE, THE POLES ARE JUST GONNA GO UP TO CREATE INCREASE SAFETY. YEAH. OKAY. YEP. BECAUSE IT LOOKED LIKE THERE WAS A LITTLE ARC TO IT AT THE VERY TOP IN YOUR DRAWING. IN THE DRAWING. IT JUST LOOKED LIKE IT A A OFF AT THE TOP. OH, GO, GO TO YOUR, IT LOOKS LIKE THEY GO BACK THIS. GO TO YOUR, THAT THE VISUAL THIS. OH, THAT'S A LEADER. THAT'S A, IF I ZOOM WAY, WAY IN, THAT'S A LEADER. OKAY, GOT IT. SORRY. SORRY. YEAH. NO, NO LIGHTS. NO LIGHTS. ABSOLUTELY NOT. NO . I, I DON'T KNOW IF YOU'RE THE RIGHT PERSON TO ASK THIS QUESTION TO, BUT YOU SAID THERE'S A PROBLEM WITH GOLF BALLS LANDING IN THE COURTS. FROM WHICH ANGLES DO THEY COME FROM? BOTH SIDES. WHAT DOES BOTH SIDES MEAN? SO IF I GO BACK TO THIS SHEET HERE, THE FIR THE FIRST HOLE IS RIGHT HERE, RIGHT? SO THE FIRST T SHOT IS WHERE THE HAND IS. ALRIGHT, LEMME ZOOM IN. THE FIRST T IS HERE, HERE, HERE AND HERE. THERE'S A MULTIPLE T SYSTEM. I'M SORRY, WHERE IS THIS CURSOR? UH, RIGHT, RIGHT TO THE LEFT. SO IF SOMEONE SHANKS IT OFF TO THE RIGHT, A SLICE TO THE RIGHT IS RIGHT. AND AGAIN, AGAIN, SAME THING. HERE'S THE 18TH TEE BOX, TEE BOXES, YOU KNOW, AND A FIRST OR SECOND SHOT OFF 18 COULD END UP IN THE COURTS. RIGHT? I DIDN'T THINK ANYBODY WAS THERE WHEN I DID, TOOK THAT SHOT. RIGHT. MISS IS A COMMON MISS. SO CURRENTLY YOU DON'T HAVE ANY OF THE, UH, THE POLES PROTECTING FROM THE 18TH HOLE? UH, NO. THERE, THERE ARE FIVE EXISTING POLES, OR I'M SORRY, SIX EXISTING POLES ALONG THE SOUTH SIDE OF THE COURTS. THEY JUST DON'T MAKE IT, THEY DON'T MAKE IT TO THE END OF THE EXISTING COURTS. THEY, THEY'RE, THEY'RE IN THIS LOCATION HERE. RIGHT. SO THERE'S 1, 2, 3, 4, 5, 6 IN THIS LOCATION. OUR PROPOSAL IS TO TAKE THEM AND BRING THEM AROUND THE END OF THE TENNIS COURT BATTERY AND THEN BRING THEM TO CONNECT TO THOSE SIX THAT [02:10:01] ARE ALREADY THERE. SO YOU HAVEN'T, YOU HAVE AN OPEN SIDE, RIGHT? CORRECT. WE HAVE AN OPEN SIDE ON THE EAST SIDE. YES. WHY WAS IT DESIGNED THAT WAY? ORIGINALLY I WAS NOT AROUND WHEN THE ORIGINAL NETTING WAS PUT UP, BUT, AND, AND WHAT INDICATION DO YOU HAVE CURRENTLY THAT THE CURRENT 50 FOOT NETTING IS INSUFFICIENT? UH, THE GOLF BALLS THAT LAND ON THE COURT FROM THE, I MEAN FROM THE CLUB'S PERSPECTIVE, THEY'RE NOT COMING FROM THE OPEN END. NO, THEY'RE COMING, THEY'RE COMING FROM THE MOST, I MEAN YOU GUYS CAN, I MEAN YOU GUYS CAN CORRECT ME IF I'M WRONG. I THINK MOST OF 'EM ARE COMING FROM THE FIRST T SIDE REALLY? YES. FIRST T SIDE AND THEN I, YOU KNOW, DEPENDING ON WHO PLAYS WHAT TEE BOX ON 18, YOU KNOW, THE OPEN END AS WELL, YOU COULD GET 'EM IN THE OPEN END. HOW OLD? YEAH, I MEAN THESE WERE, I GUESS WHEN WAS THE ORIGINAL VARIANCE WAS 98. I MEAN, THERE'S BEEN A LOT OF TECHNOLOGY ADVANCEMENTS IN GOLF SINCE 1998. YOU KNOW, IT'S ALL OVER THE NEWS. PEOPLE ARE ADDING IT FURTHER, STRONGER, FASTER, ALL THAT STUFF. YOU KNOW, YOU CAN BUY THE NEW DRIVER NOW THAT GIVES YOU A 20 YARDS EVERY YEAR, I GUESS. BUT, UM, THAT'S ONE OF THE REASONS. CAN I ASK YOU A QUESTION? UH, INSTEAD OF GOING UP, DID YOU THINK ABOUT COVERING, USING THE NETTING TO COVER THE COURTS, WHICH WOULD HAVE LESS IMPACT ON BIRDS AND IT WOULD ALSO STOP ALL THE BALLS THAT ARE COMING IN AND IT WOULDN'T MATTER IF THE TECHNOLOGY CHANGES IN ANOTHER FIVE YEARS. I MEAN, YOUR IDEA IS TO MAKE SURE NOTHING COMES DOWN ON YOU, RAINS DOWN ON YOU. WHY AREN'T YOU COVERING THE DOWN THING? I'M NOT A NETTING PROVIDER, BUT I DON'T KNOW HOW FEASIBLE THAT WOULD BE. YOU'D LIKELY NEED SOME KIND OF SUPPORT SOMEWHERE ELSE. NO, NO. WITH THE EXISTING 40 AND 50 FOOT POLES THAT YOU HAVE AS ZONING VARIANCE FOR WELL, THEY DON'T, NOT ALL OF THEM ARE RIGHT ACROSS FROM EACH OTHER. RIGHT. SO IF, IF I ZOOM IN ON THIS SCREEN, RIGHT, I'VE GOT FIVE POLES HERE AND I'VE GOT SIX POLES HERE, RIGHT? SO THEY, THEY DON'T, THERE'S LIKE THREE OR TWO OR THREE THAT LINE UP ACROSS FROM EACH OTHER. THEY DON'T ALL LINE UP ACROSS FROM EACH OTHER. I DON'T KNOW THAT THAT'S AN, I DON'T KNOW ENOUGH ABOUT PUTTING UP, YOU KNOW, STRINGING THINGS ALONG. BUT IT JUST SEEMS TO ME IF YOUR IDEA IS TO PREVENT THINGS FROM RAINING IN ON YOU, YOU WANT AN UMBRELLA OVER YOU. YEAH, I, YEAH, I, I, I, I DON'T KNOW IF THAT WAS CONSIDERED AS PART OF THE DESIGN, BUT I CAN TELL YOU THAT THE NETTING PROVIDER, UH, HAS ADVISED US THAT THIS, THIS NETTING THAT'S CURRENTLY THERE AND THAT WILL WILL BE THERE IF, UH, THE VARIANCE IS GRANTED, UM, DOES NOT CAUSE BIRDS TO GET CAUGHT IN THE NETTING. IT'S A VERY SMALL HOLE AND THE BIRDS READ THE NETTING AS A STRUCTURE AND FLY AROUND IT. SO TO THE EXTENT THAT YOU ARE ASKING THAT BECAUSE OF WILDLIFE CONCERNS, THAT'S NOT, UM, THAT'S NOT AN ISSUE WITH THIS NETTING. AND THEY ALSO HAVE THE NETTINGS BEEN THERE FOR YEARS. YEAH. I MEAN, THERE'S NO, THE CLUB HAS NOT EXPERIENCED ANY WILDLIFE GETTING CAUGHT IN THE NETTING. DO YOU HAVE A PICTURE IN THE NETTING? WE, I'M SURE WE CAN GIVE YOU A PICTURE OF THE NETTING. DID WE SUBMIT, IS IT THE SAME NETTING THAT YOU HAVE TODAY? YEAH. MM-HMM . IT'S THE SAME NETTING. IF I MAY. UH, MY NAME'S DON CHASS AND I'M THE PRESIDENT OF SUNNYDALE. YOUR QUESTION ABOUT PUTTING A, AN OVERHANG, UM, UH, PUTTING A NETTING FROM ONE SIDE OF THE COURT TO THE OTHER WOULD'VE A HUGE SAG. UM, TENNIS PLAYERS WOULD NOT BE ABLE TO DO LOB SHOTS. IT NEEDS TO BE SIGNIFICANTLY HIGHER. SO TO DO SO, YOU'D HAVE TO PUT ANOTHER POLE IN THE MIDDLE OF THAT COURT CREATING ALMOST LIKE A, SOME SORT OF CANOPY OR A TENT. UH, VERY DIFFICULT, VERY EXPENSIVE TO DO. UM, I DO WANNA REITERATE THE, THE CHANGES IN TECHNOLOGY, UM, ARE VERY, VERY SIGNIFICANT. UM, THE PROPOSAL WE'RE PUTTING FORTH AT 65 FEET IS NOT GOING TO PREVENT ALL GOLF BALLS FROM COMING IN. IT'S NOT ABSOLUTE TO GET AN ABSOLUTE, UH, COMFORT THAT NO BALL IS GONNA GO IN. WE'D HAVE TO TAKE THE HEIGHT UP TO 120 FEET, WHICH A NUMBER OF CLUBS IN WESTCHESTER ARE DOING. WE ARE NOT RECOMMENDING THAT WHATSOEVER FOR OUR MEMBERS OR FOR OUR NEIGHBORS WHATSOEVER. INCREASING IT AT 65 IS GONNA HELP US MINIMIZE THE RISK OF MORE BALLS. WE'RE NOT GONNA ELIMINATE THE PREVALENCE OF BALLS, BUT WE CAN MINIMIZE THE OCCURRENCE, IMPROVE THE SAFETY FOR, FOR OUR MEMBERS. UH, THE QUESTION EARLIER ABOUT WHY DO WE HAVE NETTING, UH, IN THOSE AREAS OF THOSE LAST TWO COURTS, FOR MANY, MANY YEARS, THOSE COURTS [02:15:01] WERE USED FOR LESSONS FOR KIDS AND BARELY BEING USED. UH, TENNIS HAS BEEN INCREASED ITS INTEREST. UH, IT'S GETTING INCREASED USE. WE NOW HAVE PICKLEBALL COURTS THERE. WE HAVE MORE AND MORE PEOPLE IN THOSE AREAS. SO IT'S NOW BECOME MORE, UH, IMPORTANT FOR US TO BE ABLE TO P PROVIDE SAFETY FOR PEOPLE ON THOSE TWO COURTS WHERE THERE WAS NOT AS MUCH RISK IN IN PRIOR YEARS. HOPEFULLY THAT HELPS. ANY OTHER QUESTIONS I OR SOMEONE ON THE TEAM CAN ANSWER FOR YOU? NO. OKAY. THEN I GUESS WE'LL, UH, ANYBODY IN THE AUDIENCE WANT TO SAY ANYTHING ON THIS? OKAY. OKAY. I GUESS. AND WILL SOMEONE AFTER DELIBERATIONS MOVE TO CLOSE THE HEARING? IS, IS THAT THE INTENT? NOT SHALL ME GET THROUGH THE DELIBERATIONS. OKAY. ALL RIGHT. ALL, WELL, THANK YOU FOR YOUR TIME. WHAT, IT'S ALMOST LIKE A SCREAM. YEAH. ALRIGHT. YES. AND THE LAST CASE WE HAVE IS EVENING IS 25 35 CENTRAL HERITAGE SPROUTS FARMER'S MARKET. GOOD EVENING. MICHAEL SANTO WITH SAND SIGNS AND INGS, YONKERS, NEW YORK HERE FOR 3 93 NORTH CENTRAL PARK AVENUE. UH, THE OLD CHRISTMAS TREE SHOP WE'RE ALL FAMILIAR WITH. IT'S BEEN THERE FOR MANY, WAS THERE FOR MANY YEARS. WE'RE HERE IN FRONT OF YOU FOR SPROUTS FARMER'S MARKET. UH, THE VARIANCE IS FOR CHANNEL LETTERS AT 54 INCHES AND A SET OF CHANNEL LETTERS AT ONE FOOT 10 INCHES. THAT EQUALS SEVEN FOOT TWO INCHES IN OVERALL HEIGHT. THAT FASCIA IN WHICH THIS SIGNAGE IS ON IS 13 FEET. SO IT'S APPROXIMATELY 50 50% OF THAT OVERALL, UH, STOREFRONT FASCIA WITH 125 FEET FROM THE, FROM CENTRAL AVENUE. SO WE'RE SEEKING A VARIANCE FOR LETTER HEIGHT AND OVERALL SIZE. IF YOU HAVE ANY QUESTIONS, I'LL BE HAPPY TO ANSWER THEM FOR YOU. SO I, I UNDERSTAND WHAT YOU'RE ASKING FOR. MY QUESTION WOULD BE WAS WHY, WHY FOR SIGHT DISTANCE FROM VISIBILITY FOR, FROM CENTRAL AVENUE, AND IT'S ALSO PROPORTIONATE TO THAT, THAT FENESTRATION, THAT OPENING AT, AT 13 FEET IN HEIGHT, WE'RE ASKING FOR SEVEN FEET IN SIGNAGE. OKAY. SO FOR VISIBILITY, I MEAN, I'M, I, I'LL, I'M BE I, THEY ARE PROBABLY FIVE DAYS A WEEK IN THAT AREA. AND MOST OF THE SPACES THERE ARE MUCH SMALLER. WHICH MUCH SMALLER SIGNAGE. AND IT'S ALL READABLE FROM THE STREET, FROM CENTRAL AVENUE. I MEAN, THIS STORE IS 125 FEET WIDE. YEAH. AND COMPARISON TO THE OTHER SUPERMARKET THAT'S DOWN THE STREET, THAT LETTERING IS OF EQUAL PROPORTION BECAUSE THEY'RE NOT STACKED. RIGHT. SO YOU'RE TALKING ABOUT H MART? YES. YEAH. SO THEY'RE, THEY'RE, THEY'RE THE SIZE OF THEIR LETTERS RIGHT. IS I DON'T THINK THEY HAVE A VARIANCES WITHIN IT, BUT IT'S BECAUSE YOURS IS STACKED. HAVE YOU LOOKED AT OTHER WAYS OF UNSTACKING THE LOGO? WELL, THIS, THIS IS CORPORATE BRANDING AND THE WAY THEIR LOGO IS SET UP WITH SPROUTS STACKED ABOVE FARMER'S MARKET. YEAH. THERE ARE, THERE ARE SMALLER SIZES THAT COULD BE UTILIZED HERE, BUT THAT WOULD LOOK LIKE A POSTAGE STAMP ON THIS LARGE FACADE. I MEAN, IT'S 124 FEET WIDE. THAT, THAT ONE, THIS SIGNAGE IS ONLY 27 FEET BY SEVEN FOOT TWO. AND WITH THE VARIANCE, WE'RE ASKING FOR A SIX INCH VARIANCE ON THE WORD SPROUTS. IN, IN EVERY OTHER CIRCUMSTANCE, WHEN SOMEONE HAS COME BEFORE US TO ASK FOR A SIGN VARIANCE, THEY HAVE DONE A MOCK-UP, UM, IN SITU. YOU HAVE THAT MOCK-UP NOT SHOWING US. LIKE I, I UNDERSTAND THAT THIS IS TAKING THE PLACE OF THE CHRISTMAS TREE SHOPS. CORRECT. NORMALLY [02:20:01] WHAT EVERYONE ELSE WOULD'VE DONE WAS PUT THE SPROUTS THING ON THAT SO WE COULD SEE WHAT IT WOULD LOOK LIKE IN THE SITUATION. YOU HAVE THAT RIGHT IN FRONT OF YOU. UM, I SEE IT HERE, BUT I DON'T SEE IT IN RELATIONSHIP TO THE SHOPPING CENTER. THIS IS KIND OF, I DON'T KNOW, KNOW HOW THIS RELATES TO ITS NEIGHBORS AND HOW IT RELATES TO ITS NEIGHBORS. THERE ARE OTHER STORES IN ALL OF THESE. YOU'VE GOT A GROUP OF STORES, NORMAL. WHAT IS DONE IN EVERY OTHER SITUATION IS THEY GIVE US A MOCKUP OF THE SHOPPING CENTER WITH, WITH ALL DUE RESPECT, THIS IS, THIS IS THE, THE RIGHT SIDE OF THE MALL. IT'S 124 FEET AND IT'S ALMOST STANDALONE. AND THE OTHER PIECE OF SECTION IS INDIVIDUAL STOREFRONTS THAT ARE INDIVIDUAL BUSINESS OF A COUPLE THOUSAND SQUARE FEET. WHAT RELEVANCE THAT WOULD PLAY HERE TO THIS PARTICULAR STORE. AND WE HAVE PICTURES WHICH WERE SUBMITTED OF THE OTHER STORES ARE THESE, FIRST OF ALL, NONE OF YOUR PHOTOS ARE LABELED. SO, AND THEY ALL HAVE DIFFERENT ROOFS. SO ARE THESE FOUR DIFFERENT SHOPPING CENTERS OR IS THIS THE SAME SHOPPING CENTER? THOSE ARE YOUR, THOSE ARE GIVING YOU OTHER EXAMPLES OF THE OTHER SIGNS IN THE AREA. OKAY. I CAN SHOW YOU. SO THIS IS THE SHOPPING CENTER. THIS IS WHERE IT'S GOING IN. THIS IS A LITTLE BUILDING THAT'S IN FRONT. AND THIS IS THE SHOPPING CENTER NEXT DOOR. SO THIS AND THIS ARE THE SAME SHOPPING CENTER, DESPITE THE FACT THEY HAVE DIFFERENT ROOF LINES AND EVERYTHING ELSE. YES. YES. HOW DO THEY RELATE TO EACH OTHER? SO CHRISTMAS TREE SHOPS IS OVER HERE AND THE CRUMBLE IS CROSS CLOSER TO THE STREET. IT'S BY SHAKE SHACK. THIS IS IN THE FRONT. AND THIS IS NEXT DOOR. SO THIS, SEE THE LITTLE BLUE OVER HERE? THAT'S WHERE THIS STARTS. OKAY. AND IN RELATIONSHIP TO THE CHRISTMAS TREE STORE SIGN, UH, SIGNAGE. HOW IS THIS IN RELAT? IS IT BIGGER, SMALLER, ALL I COULD TELL YOU THAT THE CHRISTMAS TREE C WAS SIX, BUT THAT WAS, WAS, UH, 60 INCHES. BUT THE, THE, THAT WAS A SCRIPT FONT. OKAY. SO YOU HAD, THIS WAS SIX FEET. YOU HAD, THIS IS 54 INCHES, BUT YOU HAD A AND LOWERCASE LETTERS IN THE SCRIPT FONT. SO IT REALLY DOESN'T PLAY. AND THAT LINE, THAT SIGN WAS A LOT LONGER THAN THIS ONE IS. SO THAT'S WHY IT WAS ABLE TO GO ON THAT ONE LINE. AND THE NEXT THING IS, ARE THEY NOT RECONSTRUCTING THAT PARAPET THAT ENTIRE FASCIA? YES. THE ENTIRE FACE OF THAT BUILDING WAS, SO THERE'S NO LONGER THE PEAK ANGULATION THAT CORRECT. IT'S, AS YOU CAN SEE IN THIS ELEVATION DRAWING THAT'S UP THERE ON SCREEN RIGHT NOW, THAT ENTIRE AREA, UM, IS, IT'S 14 FEET FROM THE OPENING UP TO THE TOP PARAPET TO A SEVEN FOOT SIGN ON A 14 FOOT WALL AND A FIVE FOOT GO AHEAD. SORRY. SIGN WOULDN'T WALK JUST AS WELL. UH, I'M JUST SAYING THAT ONLY IN THAT, UM, NO, WHEN CHRISTMAS TREE WAS THERE, EVERYBODY KNEW WHERE CHRISTMAS TREE WAS. UM, YOU KNOW, ONCE YOU GET THAT, UM, IDENTITY PEOPLE WILL GO THERE NO MATTER HOW BIG OR SMALL THE SIGNAGE IS. YEAH. THIS IS STILL OUR FIRST STORE THAT'S HERE IN THAT, IN THE AREA. AND WE'RE LOOKING FOR OUR BRANDING. UH, AND I'M SURE MY WIFE WILL BE THERE ON ITS OPENING DAY AS AS WELL. AS WELL AS MINE. UM, SO I'M JUST TRYING TO UNDERSTAND THE IMPORTANCE OF HOW HIGH THE, UH, THE SIGNAGE IS AND IT'S DISTANCE FROM, UM, FROM CENTRAL AVENUE. I MEAN, YOU COULD SEE THAT PICTURE, RIGHT? THAT'S ON SCREEN RIGHT NOW THAT IT'S VERY DIFFICULT TO READ THE CHRISTMAS TREE SHOP. OH. BUT EVERYBODY KNEW NOT TAKING THAT PICTURE. BUT YOU KNEW, BUT YOU KNEW WHAT IT WAS AND IT WASN'T THAT DIFFICULT TO READ. LISTEN, BUDDY, BUT FUNCTION. IT'S PROVING IT RIGHT HERE. ACTUALLY. WHERE IS YOUR SIGN GOING ON THIS? IT'S AT THE PEAK. SO OVER THE DOORS. CORRECT. THE INTRO IS NOT CHANGING THE, THE, THERE ARE FOUR PEAKS. NO, IT'S WHERE THE DOORS ARE. SEE WHERE THE PILLARS ARE. IS THAT GONNA BE THE ONLY SIGN, SIGN THE CIRCLE THING? YOU HAVE THE OTHER SIGNS THAT SAY FRESH, LOCAL, ORGANIC, AND WELLNESS. AND THO THOSE ARE ALL WITHIN CODE, RIGHT? THOSE ARE ALL WITHIN CODE. AND THIS, THOSE ARE ALL WITHIN THE SAME SIGNAGE PLANE OF WHERE YOUR OTHER TENANTS ARE. OH, I SEE. TO THE LEFT THAT, THAT ENTIRE ROOF LINE AS BLUE THAT WE SEE NOW, OR GREENISH THAT HAS BEEN TORN DOWN AND IT'S BEING RECONSTRUCTED [02:25:01] FROM THE LAST TIME I PASSED BY IT. AND IT WILL BE SQUARED OFF THROUGHOUT THE ENTIRE FRONT FASCIA THAT YOU SEE. NOT THE ENTIRE FRONT FASCIA JUST OVER THAT ENTRYWAY HERE. HERE'S LEFT AND RIGHT. THE LEFT AND RIGHT. SLOPED MANSARD ROOFS WILL STILL EXIST. THIS THE BUILDING. THIS IS, LOOKS LIKE IT'S GONNA STAY. WHAT ABOUT THE REST OF THE BUILDING? THIS IS THE WORST PRESENTATION. YOU'RE TELLING ME THOSE FOUR, THOSE THREE PEAKS ARE GONNA STAY ON ITS SIDE? THE DOORS? WELL, THE PEAKS ARE GONE. THOSE THREE PEAKS ARE GONE. YEAH. SO THAT'S WHAT I'M SAYING. SO THEN THE ENTIRE FRONT, WELL, NO, NO, YOU OR MISSISSIPPI, ARE THE FRONT DOORS BEING RECENTERED TO THE MIDDLE OF THE, OF THE STORE? NO. NO. RIGHT. SO THE ENTRYWAY, THE ENTRYWAY REMAINS AND THAT, AND, AND THAT, THAT FASCIA IS APPROXIMATELY 50 FEET THAT'S BEING BUILT. WHAT, WHAT WHAT HE'S QUESTIONING IS THAT HERE THE DOORS LOOK CENTERED THERE. THE DOORS LOOK VERY NOT CENTERED. HOW IS THAT HAPPENING? I I'M NOT BUILDING THE BUILDING. I'M JUST A SIGN MANUFACTURER. BUT WHAT THEY DID, WHAT THEY DID, IF YOU LOOK IS THEY, IF IT'S THE NEW, THE NEW STOREFRONT IS 50 FEET. SO THEY'RE EXTENDING THAT SQUARE FURTHER DOWN THE, THE FASCIA OF THE BUILDING. I JUST, OKAY. SO THE ENTRANCE MIGHT BE MOVING. IT'S NOT BEING MOVED THERE. IF YOU SEE THEY'RE JUST EXTENDING THAT, THAT THAT SQUARE FASCIA, IF YOU GO TO THE OTHER ELEVATION, THE PROPOSED ARCHITECTURAL ELEVATION. JACE, I HAVE A QUESTION. DO YOU, ARE YOU ABLE TO KNOW THE SIZE OF THE SIGNS THAT WE APPROVED? UM, WHAT'S THAT MALL CROSSROADS? NO, THAT'S NOT GONNA BE A GOOD EXAMPLE. THAT'S NOT, YEAH, WE'RE BJ WOULDN'T. NO, I KNOW, BUT I WOULD LIKE TO KNOW THE SIZE IF YOU KNOW THE SIZE OF THE SIGNS. WHAT IS THAT? OH, I WOULDN'T BE ABLE TO DO A RIGHT. UH, SORRY. J CURR, TOWN OF GREENBURG. UM, I WON'T BE ABLE TO DO IT NOW BECAUSE MY COMPUTER'S NOT CONNECTED TO THE NETWORK. BUT DURING THE DELIBERATION, I CAN FIND OUT FOR YOU. I'M JUST, IF YOU WERE TO TAKE THIS SIGN WITH THIS LAYOUT, UM, COULD, COULD YOU BUILD THIS AS OF RIGHT WHERE, IN OTHER WORDS, THE, I'M NOT SURE IF THE WIDTH SUDDENLY STARTS TO BE AN ISSUE HERE. 'CAUSE YOU CERTAINLY, YOU SAID THE LETTERING, CURRENTLY YOU'RE ASKING FOR 4.5. THIS COULD BE FOUR. OBVIOUSLY YOU'RE SHOWING HOW THE FRESH MARKET CAN BE TWO AND TWO OR SOMETHING OF THAT NATURE, BUT IT BECOMES, IT BECOMES WIDER. AND I'M NOT SURE IF THAT'S AN ISSUE. DOES ANYONE KNOW IF THAT'S AN ISSUE? THE WIDTH? NO, I THINK THE CREST QUESTION THAT WAS ASKED ABOUT IT BEING DOUBLE STACKED IS THE PRIMARY ISSUE FOR THAT SECTION. YOU'RE SAYING THEY'RE DOING A RIGHT DEAL? WELL, THE REASON WHY I'M ASKING IF THIS IS A FEASIBLE SIGN IS THAT IT'S A, IT'S AN ALTERNATIVE. IF IT'S A FEASIBLE SIGN. HE'S SAYING THAT THAT'S NOT WHAT THEY WANT. I UNDERSTAND. THAT'S NOT WHAT HE WANTS. THAT'S NOT WHAT THE QUESTION IS. , THE QUESTION IS, IS IT, IS IT, WELL, I'M ASKING ANYONE WHO KNOWS IF THIS IS A, A SIGN THAT'S BUILDABLE. AS OF RIGHT. IF YOU DO IT, IF YOU SPROUT FOUR, FOUR FEET, UH, UH, HI. HI. BUT WE WOULD STILL WANNA GO AHEAD AND STACK ONE OVER THE OTHER. OKAY. I'M SURE YOU UNDERSTAND BY NOW THAT THAT'S NOT REALLY OF THE HIGHEST IMPORTANCE TO US RIGHT NOW. I UNDERSTAND WE'D LIKE TO TRY AND NOT HAVE, WE'D LIKE TO TRY AND MINIMIZE THE VARIANCE REQUEST. AND IF THERE'S A WAY THAT THAT CAN BE DONE, I BELIEVE THAT'S WHAT WE'RE GOING TO ASK FOR. I CAN RESPECT THAT. BUT FROM A VISUAL AND AESTHETICS, FROM A LAYOUT AND DESIGN POINT OF VIEW, THIS SIGN AS IT'S SHOWN READS MUCH BETTER THAN IF I WAS TO GO AHEAD AND PUT FARMER'S MARKET TO THE RIGHT OF IT. LIKE IT IS ON THE PYLON SIGN JUST BY FUNCTION ALONE. BUT IF WE HAD TO GO AHEAD AND LOOK TO DECREASE OUR SPROUTS LETTERS TO A 48 INCH LETTER SET, WE'RE STILL GONNA GO AHEAD AND REQUEST A FARMER'S MARKET LETTER SET UNDERNEATH US. THE SIGN DESERVES TO BE STACKED ON THAT 13 FOOT. IT'S 13 FOOT OF MANSARD PLUS ANOTHER TWO FEET ON TOP OF IT. IT'S ALMOST 15 FEET OF FASCIA. WE'RE ASKING FOR A SEVEN FOOT TWO SIGN. SORRY, I DIDN'T MEAN TO RIP THAT OFF WITH DEAD SPACE IN BETWEEN. HAVE YOU DEALT WITH GREENBERG BEFORE? ? A LOT OF TIMES DOESN SOUND LIKE, SO YOU KNOW, TELL TESLA, RIGHT? YEP. OKAY, SO ON THE SIMONE BUILDING RIGHT HERE? YES. YES. SO JUST AS THREE FOOT SET OF CHANNEL LETTERS, JUST AS A POINT OF REFERENCE, YOU PROVIDED THIS TO US. IS THIS AN ALTERNATIVE? NO, NO, THAT'S FOR THE PYLON SIGN. THAT'S FOR THE PYLON SIGN. SO THE QUESTION WAS, WOULD THIS NOT WORK ABOVE THE DOORS? AND I SAID NO. WHY NOT? IT DOESN'T READ. WELL, CAN YOU, THERE'S, SO THERE'S, THERE'S SEVEN FEET. IF YOU WANTED TO SEE THE DIFFERENCE, I'M SURE WE COULD GO AHEAD AND [02:30:01] SHOW YOU THE DIFFERENCE. YEAH, THAT'S WHAT I WAS JUST GONNA ASK. YEAH. CAN YOU SHOW, SHOW US A PICTURE OF WHAT A CONFORMING SIGN WOULD LOOK LIKE, WOULD LOOK LIKE IN COMPARISON TO, TO THIS, TO THIS. AND I, AND WE DON'T MEAN WITH AN ALTERNATE, WITH AN ALTERNATE SIZE LESS THAN THIS STILL STACKED. WE'D LIKE TO SEE ONE STACKED, BUT CONFORMING. OKAY. MORE CODE. MAYBE ONE LIKE THAT. LONG ONE. AND THEN WHAT YOU WANT, WHICH IS THIS. AND, AND THE ONLY REASON WHY WE'RE GIVING YOU THIS LITTLE BIT OF HARD TIME IS THAT SOMETIMES WE APPROVE THESE SIGNS AND THEN WE SEE THEM GO UP AND WE'RE ALL LIKE, OOH, I DON'T THINK YOU'RE GIVING ME A HARD TIME . I JUST LETTING YOU KNOW I'M USED TO THIS. IT DOESN'T BOTHER ME. SOMETIMES WE HAVE REGRETS ABOUT OUR SIGNS, YOU KNOW, BUT IT TURNS OUT THE WHOLE FACE IS BEING REBUILT. HE SAID NO. SO WE'RE NOT GETTING ANY CLUE AS TO WHAT THIS WILL LOOK LIKE. YOU HAVE ELEVATION DRAWINGS IN FRONT OF YOU, MA'AM. BUT THE ELEVATION IS STAND OUT ALL BY ITSELF. IT IS NOT. OH, SHE WANTS IN CERTAIN CONTEXT. YEAH. IT, WE PUT IN CONTEXT. I CAN TELL YOU BASED ON THE NEIGHBORS TO THE CHRISTMAS TREE STORE RIGHT NOW, IN THAT LINE OF SIGNS, THEY'RE PRETTY SMALL. THERE, THERE ARE NO SIGNS THAT, UH, OF IMMEDIATE NEIGHBORS TO THE CHRISTMAS TREE STORE. TJ MAXX IS THREE FEET. THAT'S NOWHERE. STERLING IS THREE FEET. THAT IS, YOU DO NOT SEE THE TJ MAXX BUILDING. AND IT'S ALMOST LIKE A DIFFERENT SHOPPING CENTER IF YOU'RE SAYING IT'S NOT, IT'S SAME PARKING LOT. BUT YES, YOU'RE RIGHT. IT'S WHITE PLAINS. OH, IT'S A DIFFERENT TOWN. SO IT'S A DIFFERENT, IT'S DIFFERENT ZONING ORDINANCES. OKAY. OKAY. OKAY. 'CAUSE WE WE'RE TRYING TO BE CONSISTENT HERE. IT, IT, WE, WE ARE ASKED ABOUT SIGNS ALL THE TIME. EVERYBODY WANTS THEIR SIGN AS BIG AND VISIBLE AND PRETTY AS POSSIBLE. WE UNDERSTAND THAT WE ARE WEIGHING OTHER THINGS HERE ALSO. NO, AND I RESPECT THAT. OKAY. I RESPECT THAT. OKAY. ANY OTHER QUESTIONS? NO. ANY OTHER QUESTIONS? NO. I JUST WANT TO CLARIFY THAT, THAT YOU WOULD LIKE THREE VERSIONS AND ONE IN CONTEXT. YES. ONCE WE GO THROUGH OUR DELIBERATIONS, SOMETHING WILL BE FORWARDED TO YOU. OKAY. YOU GOT IT. WHAT EXACTLY OUR REQUEST. OKAY. I JUST WANT TO CLARIFY FOR MY CLIENT. 'CAUSE YOU KNOW THAT'S GONNA BE THE NEXT PHONE CALL ON THE WAY OUTTA HERE. YES. ALRIGHT. THANK YOU VERY MUCH, AS ALWAYS. YOU'RE WELCOME. OKAY. ALRIGHT, NOW WE CAN TAKE A BREAK. CASE NUMBER 26 DASH ONE. WE NEED, WE NEED ANOTHER BREAK. WE GET A BREAK. I'M FOR OUR DELIBERATIONS. WE'RE MOVING DOWN BELOW GOING. ED, CAN WE KEEP GOING? SURE. OR DO YOU NEED TO SPEAK TO US? I WOULD JUST POINT OUT THAT UNLESS I WASN'T AT THE OCTOBER MEETING, I WAS WATCHING THE VIDEO AND I SAW SOME OF YOU SPEAKING TO THE, TO SEAN AND SEAN IS SAYING, I CAN'T HEAR YOU AND YOU PUT YOU OR HER. THAT'S WHY WE MOVED. WELL, WE NEED MIC, WE NEED MICS. WE NEED, OKAY. THAT'S WHY WE WEREN'T GONNA MOVE. OKAY. ORDER THEN YOU'LL FIND THEM IN AND STUFF ALL THE TIME. COME ON GUYS. OKAY. SO MIKE'S ON ON 25, 13. WHAT ARE WE GONNA DO WITH TACO? DON'T LOOK AT ME. YOU WANT ME TO START THIS OFF? SURE. YOU START OFF. WELL, AS SOON AS I HEARD THAT THEY WANTED TO GO IN THAT DIRECTION, , UM, IN THAT LOCATION AND HAVING LIVED AROUND HERE FOR LIKE, UM, HMM. 60 YEARS OR SO, UM, I SAID, I NOT REALLY WANT TO SEE THAT HAPPEN. I I JUST THOUGHT THAT THAT WAS, I NOT, I I UNDERSTAND THAT IT'S ZONED THAT WAY, BUT ZONING THAT WAY DOESN'T NECESSARILY MEAN THAT THE PROPERTY, UH, THAT IS, IS THAT WANTS TO BE THERE IS RIGHT FOR THE NEIGHBORHOOD AND FOR THE LOCATION AND FOR THE, UM, [02:35:03] THE WAY IN WHICH THE PLACE LIVES RIGHT NOW. IT, IT JUST, IT LOOKS LIKE IT'S SOFT. IT'S, IT'S SOFT AS YOU, AS YOU GO THROUGH THERE. UM, YOU GO BY THE SCHOOLS AND THE BUILDINGS AND THEN WHEN YOU GET CLOSE TO THE INTERSECTION IN HARTSDALE, IT LIKE, YOU CAN'T PARK ANYWHERE. PEOPLE WILL HAVE JUST KEEP GOING OUT OF FOR YEARS. JUST, YOU KNOW, GOING OUT, NOT BEING ABLE TO MAINTAIN SMALL PLACES THAT THEY, THAT THEY'VE HAD. AND I APPRECIATE THE FACT THAT IF THEY'RE GOING TO TRY TO MAKE SOME REAL, WHAT GREENBERG SHOULD LOOK LIKE AND GIVE PEOPLE A MORE ESTABLISHED THING THAN WHAT WE HAVE GOING DOWN AS YOU GET THROUGH YONKERS. BECAUSE ONCE WE GET THROUGH YONKERS, IT CHANGES. YEAH. IT'S, IT'S NOT, YOU KNOW, AND ONE THING LEADS, LEADS TO ANOTHER THING. WELL, I THINK PEOPLE PROBABLY CAN GUESS MY VIEWPOINT WHEN I READ THE FIVE CONDITIONS, UM, THE, THE GRANT OF THE VARIANCE WILL NOT PRODUCE AN UNDESIRABLE CHANGE IN THE CHARACTER OF THE NEIGHBORHOOD NOR A DETRIMENTAL EFFECT ON THE NEIGHBORING PROPERTIES. I DO NOT BELIEVE THAT WHAT WAS PRESENTED TO US SHOWS THAT IT WILL NOT BE DETRIMENTAL. I I THINK THE NUISANCES WERE, WERE NOT CONSIDERED OR INCLUDED IN ANY OF THE PRESENTATIONS MADE BY THE APPLICANT. UM, AND HOW TO DEAL WITH THEM SAYS THE BENEFITS SOUGHT BY THE APPLICANT CANNOT BE ACHIEVED BY ANY FEASIBLE METHOD OTHER THAN THE REQUESTED AREA. VARIS. WE'VE LOOKED AT OTHER, UM, REQUESTS AND SAID THERE ARE OTHER PLACES THEY CAN GO. THERE ARE OTHER USES FOR THE SPACE. AND WE HAVE SAID THAT IN PAST THAT WE HAVE TURNED DOWN THESE KINDS OF REQUESTS. THE REQUESTED VARIANCE IS NOT SUBSTANTIAL. I THINK THERE THEY ARE, THERE IS NO BOUNDARY THAT'S NOT BEING CROSSED HERE. AND THAT TO ME IS SUBSTANTIAL REQUESTED VARIANCES WILL NOT HAVE ADVERSE EFFECTS OR IMPACTS ON EITHER THE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT. AND I THINK AVE HAS SAID THAT IT WILL. AND THE FIFTH WAS JUST THE VARIANCE IS NOT OF SELF-CREATED. THAT IT IS SELF-CREATED IS NOT DISPOSITIVE. BUT THERE SEEM TO, THIS SEEMS TO BE THE THE WRONG PLACE FOR THIS. IT'S TOO SMALL, IT'S TOO RES, IT'S TOO QUIET. IT'S, IT HAS TOO MUCH POTENTIAL TO BECOME AN INCREDIBLE PROBLEM. UM, THE WAY YOU'VE DESCRIBED PEOPLE GATHERING AND HANGING A, THE NOISE, UH, WHAT ALSO STRUCK ME WAS THE SAFETY ISSUES OF AN AMBULANCE, A FIRE TRUCK. HOW ARE DELIVERIES OF SUPPLIES GONNA GET IN THERE? IF YOU'VE GOT ONE ROAD THAT HAS TO BE CLEARED OUT, HOW, HOW DO YOU HAVE A DELIVERY TRUCK PARKED THERE FOR 20, 30, 40 MINUTES? YOU'RE CLOSING DOWN BUSINESS EVERY TIME YOU'VE GOT A DELIVERY. IT, THERE ARE JUST SO MANY THINGS THAT MAKE THE SITE, UM, WELL, AND SAYING THEY'RE GONNA PROHIBIT LEFT TURNS. HOW ARE YOU DOING THAT? THERE WAS, THERE WAS NO PRESENTATION OF HOW THAT COULD BE DONE. I DON'T KNOW HOW THAT IT CAN BE DONE. I WAS GONNA SAY, YEAH, IT PROBABLY WOULDN'T BE DONE. IT WOULDN'T BE DONE. I I, WELL THEY'LL THEY'LL PUT, THEY'LL PUT UP A SIGN TURN, SIGN UP, WHICH THEY'LL PUT A SIGN UP. PEOPLE WON'T YEAH. AND PEOPLE WILL IGNORE IT. AND, BUT THEY'RE NOT GONNA DO A SIGN ON CENTRAL AVENUE TELLING YOU YOU CAN'T TURN, YOU KNOW, IF YOU'RE HEADING NORTH ON CENTRAL AVENUE, YOU CAN'T TURN LEFT INTO THEIR STORE. I MEAN, THEY DON'T HAVE THE AUTHORITY TO DO THAT. THERE USED TO BE ONE THERE. RIGHT. BUT THERE ISN'T ONE. YEAH. THERE USED TO BE THERE USED WHEN IT WAS DUNKING DONUTS, THERE WAS A NO LEFT TURN SIGN THERE. RIGHT. BUT PEOPLE DID IT ANYWAY. I DON'T KNOW. I'M SURE. UM, IT JUST, IT JUST SEEMS TO ME, I I USUALLY THEY SAY IF THERE'S ONE OF THESE THAT IT DOESN'T MEET YOU, IT DOESN'T GET APPROVED. I I CAN'T SEE ANY THAT IT DOES MEET PERSONALLY. I'VE BEEN TRYING TO MAINTAIN, UM, AN OBJECTIVE, [02:40:01] UH, VIEWPOINT, UH, AS MUCH AS I CAN. UM, IT IS A VERY TIGHT PROPERTY. I REALLY LIKE WHAT THEY DID IN ORDER TO SQUEEZE IT IN THERE EXCEPT FOR THE, UM, THE QUEUING IN THE, THAT THE LINE FOR THE, UM, TAKEOUT, IF SOMEBODY WANTS TO CHANGE THEIR MIND OR IF THE POLICE HAVE TO GO THERE, AN AMBULANCE HAVE TO GO THERE. THAT THAT IS AN ISSUE THAT, UM, THERE'S NO WAY TO FIX THAT ON THE PROPERTY AS IT EXISTS NOW. UM, WE MADE THEM GO THROUGH, THEY JUMPED THROUGH A WHOLE BUNCH OF HOOPS IN THE, UM, NOISE FACTOR, THE TRAFFIC FACTOR. THEY PREPARED A LOT OF REPORTS. UM, BUT THEN AS I ASKED THE QUESTION, AFTER YOU TRY AND READ THROUGH ALL OF THESE REPORTS, WHERE DOES IT CHANGE ONE'S SUBJECTIVE VIEW OF THE APPLICATION? UM, I, I DON'T SEE WHERE IT DOES. AT LEAST NOT IN MY, NOT IN MY, MY VIEWPOINT. AND, AND I TRIED REALLY HARD TO BE OBJECTIVE . I ACTUALLY READ THE WHOLE REPORT MULTIPLE TIMES. OH GOD BLESS YOU. HOW WAS THAT POSSIBLE? SHE THOUGHT SHE WAS MISSING SOMETHING. ADD THE TRAFFIC REPORT. . OKAY, SO YOU WANT ANSWERS? UM, I I'M A, I'M A NO. IS ANYBODY ELSE? ARE WE GOING AROUND THE TABLE OR, UH, DO YOU WANT TO COMMENT WHAT I'M WAITING TO SEE WHAT ELSE OTHER PEOPLE WANNA SAY. YOU CAN GO, I DON'T WANNA GET YELLED AT WHO'S GONNA YELL AT YOU. NOBODY REALLY YELL AT YOU AGAIN FROM THE LAST MEETING. AND IN THAT MEETING WE WERE SHARED WITH OTHER INFORMATION. 'CAUSE I HAD SAID INITIALLY FROM THE VERY BEGINNING, AND I ACTUALLY LITERALLY ONE OF THE, UM, TENANTS SAID THAT STATEMENT, WELL, HOW WOULD YOU FEEL IF YOU LIVE NEXT TO IT? AND I BELIEVE MY EXACT WORDS WERE IN THAT MEETING, UNDERSTANDING THAT WOULD BE PROBLEMATIC FOR ME AS AN INDIVIDUAL. HOWEVER, IT'S ALSO BALANCING IT AGAINST THE RIGHT TO BE ABLE TO RUN A BUSINESS. SO WHERE I FALL DOWN ON IT IS THE QUESTION OF WHAT IS THE BUSINESS. UM, LEWIS AND I DID SPEAK JUST A MOMENT AGO ABOUT IF, LET'S SAY WE'RE NOT A DRIVE THROUGH, AND THEN WE INCREASED THE PARKING AND THE POSSIBILITY OF MORE PEOPLE HANGING OUT AND BEING THERE, UH, COULD POTENTIALLY INCREASE. AND I THINK THE BIGGEST ISSUE I HAD FROM THE VERY, VERY BEGINNING WAS WHY DID IT HAVE TO OPERATE FOR THOSE EXTENSIVE AMOUNT OF HOURS? YEAH. UM, AND THAT ISSUE OF QUALITY OF LIFE TYPICALLY FOR ANYONE WHO HAS EVER FILED ANY OF MY DECISIONS, HAS TYPICALLY ERRED ON ATTEMPTING TO BALANCE THAT WHILE ENSURING THAT IF SOMEONE DOES HAVE A BUSINESS AND LEGITIMATE AS A RIGHT TO DO CERTAIN THINGS, THAT WE RESPECT THAT. AND OBVIOUSLY WE HAD THAT SOME SOMEWHAT OF THAT CONVERSATION WITH THE LAST APPLICANT, UM, IN TERMS OF THE LETTERING OF THEIR BUILDING. BUT AT THE SAME TOKEN, FOR THOSE OF US THAT HAVE LIVED IN GREENBURG, AND I ALWAYS ENT TREAT PEOPLE, DRIVE DOWN CENTRAL AVENUE, YOU KNOW, IMMEDIATELY WHEN YOU LEAVE THE BORDER OF GREENBURG, IF YOU LOOK AT SIGNAGE FROM RED LOBSTER TO YOU MAKE THAT NEXT MOVE OF NO MORE THAN 200 FEET WHAT BED BATH AND BEYOND MAY LOOK LIKE. AND, AND SHE'S NOT BED BATH AND BEYOND BIG. WHEN BABIES OR US WERE THERE WHEN UNOS WAS THERE. YOU LEAVE GREENBURG AND YOU HIT HOLLYWOOD. AND I THINK MOST PEOPLE LIVE IN GREENBURG FOR CERTAIN QUALITY OF LIFE. AND ALTHOUGH THE SIGNS MAY NOT BE THAT BIG WHEN TURO WAS THERE, IT WAS HARD TO SEE THAT TOO. I'M GOING BACK DATING MYSELF EVEN WHEN SIMS WAS THERE, EVEN THOUGH THAT WAS ON THE BOARD OF ELMSFORD, WE TALKING ABOUT, OH GOD, I WAS, I LIVED IN THERE. YEAH, EXACTLY. . BUT I THINK AS A WHOLE, THE QUALITY OF LIFE ISSUE, SOMETHING THAT I'LL ALWAYS BALANCE DOWN ON, UM, IT IS A HARDSHIP. I DO BELIEVE THAT SOMETHING SHOULD BE THERE. I'M JUST NOT CONVINCED THAT THIS IS THAT SOMETHING, I MEAN, WE, WE, WE, YOU KNOW, THE, THE DUNKING DONUTS WE HAVE, RIGHT? THEY CLOSED DOWN. [02:45:01] I MEAN, WE DON'T, AND AGAIN, IT'S, I DON'T, I DON'T THINK IT'S MY RESPONSIBILITY IN TERMS OF THEIR BUSINESS MODEL IN TERMS OF BEING FINANCIALLY SECURE, BUT AS IT WOULD IMPACT THE NEIGHBORS. UM, I DO DISAGREE WITH THE COMMENT OF THE LITTLE DIVERGENCE WITH THE ONE THAT'S IN YONKERS. THOSE HOMES LITERALLY BORDER IT. UM, I DID PERSONALLY WITH CHICK-FIL-A SPEAK TO THE FAMILIES THAT LIVE IN THAT COMMUNITY, EVEN THOUGH IT CHUNKERS. UM, THEIR BIGGEST COMPLAINT AT THIS POINT IS NOT TRAFFIC, BUT ACTUALLY THE SMELL OF FRENCH FRIES ALL THE TIME. AND FRIED FRENCH FRIES. FRENCH FRIES AND FRIED FISH LIKE THAT LET FRIED CHICKEN. I MEAN, IT'S A CONSTANT SMELL. OH. SO AGAIN, THESE ARE THINGS, AS I SAID THAT WHEN YOU LOOK AT QUALITY OF LIFE, IT DOES CHANGE CERTAIN THINGS. THERE ARE PROPERTIES THAT I KNOW HERE WITHIN OUR VILLAGES AS ST. LOUIS THAT, UM, NEAR ONE OF MY FACILITIES, UM, THERE'S A PARK THAT HAS BEEN IN LONGER THAN I'VE BEEN LIVING, BUT INDIVIDUALS BUILT THE HOUSING COMPLEX NEXT TO IT. AND WE GET CONSTANT COMPLAINTS. PEOPLE ARE USING THE PARK , THE HOUSING COMPLEX WAS BUILT THERE. SO IN THIS CASE, I DO HAVE A LITTLE BIT OF DEFERENCE THAT THERE WAS SOMETHING THERE. AGAIN, I JUST DON'T KNOW IF THIS IS THE NEXT NEW SOMETHING. THAT'S MY COMMENT. WELL, YOU, YOU ASKED A GREAT QUESTION, WHICH WAS OF, OUT OF ALL THE EMPTY SPACES THERE ARE ON CENTRAL AVENUE, WHY PICK THIS REALLY DIFFICULT SPACE THAT TO UH, PUT THEIR BUSINESS INTO A DRIVE THROUGH? AND, AND LIKE I SAID, I WAS TRYING TO BE VERY OBJECTIVE, BUT UM, YOU KNOW, MY DAUGHTER SAYS THAT, UH, THERE'S A WES WENDY'S IN ELMSFORD. THAT'S THE ONLY PLACE THAT'S OPEN LIKE AT TWO O'CLOCK IN THE MORNING. AND THAT'S WHERE YOU GO TO GET A HAMBURGER. UM, WELL YOU CAN, YOU CAN, YOU CAN GO THROUGH BURGER KING. THEY'RE OPEN. IT'S A DR YOU KNOW, YOU HAVE TO DRIVE THROUGH WHICH ON CENTRAL AVENUE? YEAH, NO, NO, NO. ON LA TARRYTOWN ROAD. OKAY. DON'T CLOSE. DON'T THEY CLOSE AT LIKE MIDNIGHT? UM, ON CERTAIN DAYS, ON WEEKEND. USUALLY THE WEEKENDS I THINK THEY'RE OPEN 24 HOURS. BUT, UM, YOU GO THERE AFTER THE MEETING, FIND OUT. AND ALSO DAVE'S, YOU KNOW, NOW I THINK HE'S GOES TO, HE'S 1201, IS IT? YEAH, I THINK IT'S ONE O'CLOCK NOW. AND BELIEVE ME, THOSE BOYS AND THOSE DROVE AND THOSE CARS ARE RIGHT OUT THERE AND THE FOOD IS GOOD AND YOU KNOW, AND YOU DO GET A LOT, A LOT OF DELIVERIES. HE HAS A WHOLE THING, YOU KNOW, LINED UP THAT, THAT'S A GOOD POINT. THAT THE ONE TENANT THAT DID MENTION ABOUT THE BICYCLERS, AND IT'S SOMETHING THAT THEY COMBAT IN NEW YORK CITY. A FRIEND OF MINE WAS ON EAST EAST HARSDALE AVENUE, MAYBE ABOUT JUST AFTER HALLOWEEN. AND A GUY COMES FLYING DOWN EAST HARSDALE, ALL BLACK MOTORIZED BICYCLE CROSSES THE ROAD. HE ENDS UP, HE WAS WEARING ALL THAT, ALL BLACK. HE ENDS UP HITTING HIM AND HE HAS A CONCAVE DENT IN HIS ROOF BECAUSE HE JUST COULD NOT SEE THE PERSON. SO I THOUGHT THAT WAS A VERY GOOD COMMENT AS WELL. AND I KNOW YOU CAN'T CONTROL CONTROL IT, BUT I KNOW WHITE PLAINS CHRISTIE, I KNOW YOU CAN'T LOOK FOR IT WHEN CROSSING BY IT. RIGHT. BECAUSE YOU CAN'T HEAR THEM. RIGHT. AND YOU CAN'T SEE THEM. CAN'T SEE THEM. SO, SO THAT IS ANOTHER SMALL TOWN CONCERN. IT'S IN MANHATTAN, THEY'RE THE MOST DANGEROUS THING OUT THERE. 'CAUSE YOU CAN'T SEE OR HEAR THEM. AND IF YOU'RE TRYING TO CROSS THE STREET OR GET ONTO THE SIDEWALK, CROSS THE SIDEWALK, THE CURB CUT, YOU WON'T SEE OR HEAR THEM. IT'S VERY, THEY'RE VERY DANGEROUS THAT WAY. ANYBODY ELSE? YEAH, WILLIAM AND I WERE TALKING ABOUT, UM, THERE WAS ONE COMMENT ABOUT, UH, THE APARTMENT THAT'S OVER THE SUNOCO GAS STATION AND YOU KNOW, YOU BUY YOUR APARTMENT OR RENT IT OR WHATEVER, WHATEVER THE, UH, UH, THE SITUATION IS AT HARTSDALE. UM, I DON'T THINK HE HAD A, AN OPPORTUNITY TO MAKE A DECISION OR GET INVOLVED IN A DECISION HE JUST RENTED OR BOUGHT HIS APARTMENT. AND YES, LIVE WITH THE SUNOCO STATION HERE. NOW, UM, THEY HAVE AN OPPORTUNITY TO HAVE A, A SAY IN THE DECISION THAT GETS MADE. UM, OF COURSE IT'S VERY SUBJECTIVE. UM, I WAS HIT WITH THE, UM, THAT ONE STATEMENT OR THAT ONE QUESTION, UM, WOULD WE WANT TO HAVE [02:50:01] THAT TACO BELL, UH, IN OUR NEIGHBORHOOD? IF IT WERE LIKE NEXT DOOR TO ME, UM, I'D PROBABLY BE THERE FIGHTING AS WELL. NOT TO HAVE IT THERE NEXT DOOR TO ME, PUT IT SOMEPLACE ELSE, BUT NOT NEXT DOOR TO ME. UH, MY OBJECTIVITY STARTED TO DWINDLE, UM, TO THE POINT WHERE I JUST CAN'T SEE THE RATIONALE BEHIND HAVING IT IN THIS LITTLE POSTAGE STAMP, UM, SPACE, EVEN THOUGH IT WAS DESIGNED REALLY WELL. WE HAVE, WE HAVE FOUR NOS ALREADY. WE HAVE THREE PEOPLE WHO HAVE NOT CHIMED IN. I I CAN CHIME IN. I MEAN, I THINK YOU GUYS, I MEAN, WHAT IT COMES DOWN TO ME IS THE SIZE OF THE LOT AND THE VARIANCES THAT THEY NEED FOR PARKING. I MEAN, THE NUMBER OF SPACES, YOU KNOW, IS 49 TO 29. UH, THE, UH, YOU KNOW, THE, THE OFF STREET PARKING AREAS FROM 10 FEET TO ZERO FEET. I MEAN, THE NUMBER OF VARIANCES FOR SPACING ASIDE FROM THE IMPACTS OF THE NEIGHBORHOOD, JUST DON'T MAKE THIS THE RIGHT SPACE. AT THE SAME TIME, I WANNA, I, YOU KNOW, THE COMMUNITY ALSO HAS TO UNDERSTAND THAT SOMETHING WILL GO IN THERE. OKAY. AND IT COULD BE A FOOD ESTABLISHMENT, IT COULD BE SOMETHING ELSE, YOU KNOW? AND, YOU KNOW, AS LONG AS IT'S THE RIGHT SPACE, I MEAN, IT, IT IS, YOU ZONED, IT'S A COMMERCIAL ZONING AREA THAT SOMETHING CAN GO IN THERE, BUT I JUST DON'T THINK THIS IS THE RIGHT, BECAUSE OF THE BUSINESS THAT THEY WANT WITH DRIVE THROUGH AND IN STORE AND THE SPACE IN THE MORNING THAT THEY HAVE. AND THERE'S, YOU KNOW, NO SETBACKS, YOU KNOW? SO THAT FOR ME IS WHY IS THE, YOU KNOW, QUALITY OF LIFE. YES. AND I UNDERSTAND THAT. BUT AGAIN, MY DAUGHTER WAS, UH, SAYING, OH, YOU KNOW, ONE OF YOUR CASES A TACO BELL. AND I SAID, YES. WHERE IS IT GOING IN? I CAN'T WAIT TO HAVE A, A TACO BELL. NO, EVERYBODY LIKES TACO BELL. WELL, THAT'S WHY I PURPOSELY SAID IT WASN'T THAT WE WERE OPPOSED TO TACO BELL. I WANTED TO MAKE IT CLEAR. THIS IS NOT, IT'S NOTHING TO DO WITH IT. SO WE HEAR FROM YOU GUYS. IS IT NECESSARY? OH, YOU WANNA STAY INCO? WELL, YOU CAN SAY NO. I'VE, I'VE BEEN PRETTY BLATANT ABOUT THIS ALL ALONG. I, I I DON'T THINK IT'S IN CHARACTER WITH THE, UH, THE SPACE GOING FROM WEBB FIELD, UH, PAST THE, THE CHURCH AND THE CEMETERY GOING TO THE FOUR CORNERS. ONCE YOU GET RIGHT TO THE FOUR CORNERS, WE'RE HOPING FOR A COMPLETELY DIFFERENT TYPE OF DEVELOPMENT. UH, IF THIS WAS BEING BUILT AS OF RIGHT, IT WOULD BE AS OF RIGHT. AS OF NOW, YOU PUT A, A DRIVE THROUGH THERE THAT OPERATES TILL THREE IN THE MORNING, YOU CHANGE THE CHARACTER OF THE NEIGHBORHOOD. AND THAT'S, I DON'T THINK THAT'S IN POSITIVE FOR RIGHT THERE. AND I'D MUCH RATHER SEE THAT IN THE MIDDLE OF A BIG SHOPPING CENTER WHERE IT COULD OPERATE AND NOT, NOT BOTHER PEOPLE. I DON'T THINK I NEED TO CHIME IN . YOU KNOW, I'M TRYING NOT TO GET, I'LL, I'LL ABSTAIN FROM, SHOULD WE GO TO THE NEXT? YEP. RIGHT. ALL RIGHT. SO WE HAVE 25, 38. CAN I HEAR THAT? SUNNYDALE? YOU CAN'T ANSWER. UH, COME UP 25, 28, 38. I I SAY 38. NO, YOU'RE NOT. UH, THERE'S NO SECRET FINDING YET. AND YOU'RE GONNA BE LEAD AGENCY. SO YOU, YOU HAVEN'T REALLY DISCUSSED THAT. UH, WE'LL HAVE TO DRAFT SOMETHING FOR YOU FOR, SO YOU CAN CLOSE IT FOR DECISION ONLY OR SAY NO, THEY NEED TO PUT IT DOWN OR ADJOURN IT FOR ALL PURPOSES. OKAY. THE APPLICATION IS NOT TECHNICALLY COMPLETE. THE APPLICATION IS NOT COMPLETE A BUBBLE. YEAH. OKAY. UNTIL THERE'S A SECRET DETERMINATION. GOTCHA. UH, SO WE JUST CLOSE IT. WELL, SHOULD WE DISCUSS SO WE CAN STILL DISCUSS IT, RIGHT? YES. YEAH. YEAH. I DON'T HAVE A PROBLEM WITH IT. I, I'M VERY GLAD THAT THEY ADDRESSED THE BIRD ISSUE IS ONCE YOU BROUGHT UP THE BIRD ISSUE, YOU, I, I, I THINK IT'S FINE EXCEPT A GENTLEMAN GOT UP AND SAID, WELL, IT'S NOT GONNA SOLVE OUR PROBLEM. JUST GONNA MAKE IT A LITTLE LESS WORSE. WELL, IT JUST SEEMS TO ME YOU SHOULD PROBABLY BE LOOKING FOR A SOLUTION. WELL, HE SAID THE SOLUTION IS TWICE AS LARGE AS HUNDRED, WHATEVER IT IS. AND THERE'S ACTUALLY A GAPING HOLE HERE THAT I CAN'T BELIEVE HASN'T [02:55:01] BEEN FILLED. THERE'S A WHOLE WALL THAT, SO THEY HAVE TO PUT SOMETHING THERE, WHETHER THEY PUT THE 50 FOOT POLE THERE OR THEY INCREASE THESE RESULT TO 65. WHEN YOU SAY THE GAPING HOLE, YOU MEAN ON THE EAST END? THE THE 18 POLE SITE. IT'S NOT COMPLETE. IT'S NOT A COMPLETE FENCE. IT'S NOT A COMPLETE FENCE. YEAH. IT DOESN'T GO. UH, AND CHANCE ARE WHEN THEY CAME BEFORE ZONING BEFORE THEY SAY, OKAY, WE'LL MINIMIZE IT AND WE'LL THESE ARE THE AREAS THAT WE THINK WILL FIT. YEAH. I MEAN I DON'T, I DON'T OPPOSE IT. IT JUST, HOW ABOUT THE LIGHTS? THEY'RE GONNA COME BACK BECAUSE THIS ISN'T GONNA SOLVE IT. THAT WAS FUNNY BY THE WAY. HE SAID THAT WAS REALLY FUNNY. WHAT WAS FUNNY? I SAID THE LIGHTS. THE LIGHTS, YOU KNOW, 'CAUSE THEY HAD THE LITTLE ANGLES, BUT THEY WERE NOT OH, RIGHT. OH YEAH. THAT WAS PRETTY FUNNY. I'M OKAY WITH IT. SO ARE WE ALL ON THIS ONE? OKAY. YES. YEAH. OKAY. SO WE CLOSE FOR DECISION ON THE YEAH. SPROUTS. WELL, FOR SPROUTS, ARE WE WAITING UNTIL THEY COME BACK WITH THE DRAWINGS THAT WE WANT? WELL, WE'RE GONNA DISCUSS AND THEN MAKE THAT SUGGESTION. WHAT ELSE DO WE WANT? YEAH. RIGHT. I I I WANNA SEE IT IN CONTEXT, IN THE DIFFERENT SIZES, IN THE DIFFERENT LAYOUTS. AND YOU WANNA SEE BOTH CLOSE UP OF THEIR BUILDING AND THEIR BUILDING WITH THE NEIGHBOR AND YOUR, UH YEAH. THAT, YEAH. IN THE CONTEXT OF THE SHOPPING MALL, THE WAY EVERYBODY ELSE HAS ALWAYS DONE IT, IT'S ALWAYS BEEN VERY GOOD TO, I I WANT THEM TO LOOK AT OPTIONS TOO. I MEAN LIKE, UH, I LIKE THEY SHOULD GIVE US ONE THAT IS THAT TWO, THREE. WELL, THEY SHOULD GIVE US ONE THAT THEY DON NEED A VARIANCE FOR SO WE CAN LOOK AT IT. RIGHT. RIGHT. AND ONE THAT IS THE ONE THEY WANT, THE ONE THEY WANT, AND THEN ONE THAT IS SOMEWHERE IN THE MIDDLE WHERE MAYBE THEY ONLY NEED A VARIANCE BECAUSE IT'S STACKED VERSUS THAT. I, I ALSO THINK LIKE THEY NEED TO HAVE THE BUSINESS KIND OF JUSTIFICATION BEHIND IT, WHICH WOULD BE GREAT IF SOMEONE FROM THE BUSINESS VERSUS THE SIGN MANUFACTURER ACTUALLY CAME AND COULD ANSWER THOSE QUESTIONS. ALL I KNOW IS ALL OF THE OTHER SIGNS WE'VE APPROVED, WELL NOT ALL OF THEM, BUT MANY OF THEM, THEY GO UP AND WE'RE ALL LIKE, OOH, LIKE TOO BIG. RIGHT. ONES CROSSROADS. THE DSW, I REMEMBER THAT FIVE BELOW THOSE WERE HUGE. GUILTY. RAYMOUR AND FLANAGAN THE ONLY ONE. BJS, THAT WAS IT. ALL OF THEM. I HAVEN'T EVEN SEEN THAT ONE. BUT ALL OF THEM, THEY GO UP AND THEY'RE JUST LIKE HUGE, SMALL. THAT'S WHY THE CONTEXT IS SO IMPORTANT, I THINK. YES. SO THAT'S WHY I WANTED TO KNOW HOW MUCH THOSE WERE BECAUSE THEY'RE TOO BIG. AND , WHATEVER WE'VE VE SHOULD BE SMALLER. YEAH. THE CHRISTMAS TREE SHOP. ESPECIALLY THE ONES THAT ARE RIGHT ON THE RIGHT. ON THE, AND ON THE ROAD. RIGHT. AND THE ONLY OTHER CONTEXT THAT I WOULD WANT IS A COMPLETE RENDITION OF WHAT THE FRONT OF THAT BUILDING LOOKS LIKE. BECAUSE OBVIOUSLY THERE ARE GONNA BE OTHER SIGNS, IF I'M NOT MISTAKEN, THAT WILL BE ON THAT FRONTAGE. YEAH, THEY HAVE THAT. YOU SAID LATER ON IT LOOKS LIKE WE'RE ONLY SEEING PART OF THE FRONTAGE UP THE WHOLE FRONT. WANNA PUT MORE STUFF ON. YEAH, BUT THEY'RE DOING THIS. HE WANNA SEE THE WHOLE BUILDING, NOT JUST THEY'RE DOING ALL THE LITTLE VEGETABLES. RIGHT. BUT THIS, BUT THAT'S, THAT'S NOT THE WHOLE BUILDING 'CAUSE THAT'S JUST THE DOOR. AND HE SAID THAT WHERE THOSE LITTLE PEAKS WERE, THAT THOSE ARE REMAINING DOWN FURTHER AND WE WANNA SEE THE WHOLE BUILDING. YEAH. WELL YOU SEE THE, I DIDN'T KNOW WHICH PART OF THE BUILDING IT WAS 'CAUSE IT DIDN'T SHOW ANY OF THE DORMER WINDOWS THAT WERE ON IT. AND I DIDN'T WELL, SOME OF THOSE ARE COMING DOWN, BUT NOW HE'S SAYING SOME ARE REMAINING. DO YOU HAVE IT HERE? DO WE NEED ANYTHING ELSE FROM, ALL RIGHT. OKAY. SHE'S GOT IT. LET'S GO. OKAY. WE'RE NOT GONNA DO 26, 21 21. WE HAVE TO CLOSE. YES. ARE WE READY? HE'S COMING IN HERE. HE IS. [03:00:02] DIDN'T BE. ALL RIGHT. WE ARE BACK AFTER OUR DELIBERATIONS. THE FIRST CASE WAS CASE 25 13 CHI RESIDENT GROUP TACO BELL. AND THAT IS BEING OBJECTIONS. I GET THIS DONE. THAT IS BEING PUT ON, UM, FEBRUARY 19TH. IT'S CLOSED. I CLOSED FOR DECISION THIS EVENING. AND ALSO, WELL, WHY CAN'T WE, WHY CAN'T WE GIVE OUR DECISION TONIGHT? 'CAUSE HE'S, HE'S WRITE HE'S GONNA WRITE IT. UM, AND THE NEXT CASE IS CASE 25 38 SUNNYVALE REALTY CORPORATE CORPORATION. AND ALSO THAT IS CLOSED FOR DECISION ALSO TO FEBRUARY 19TH. WHAT DO WE HAVE ON, UM, OUR DECISION? DO WE HAVE ANY, ANY CASES THAT ARE THIS ONE IN CHARGE? OH YEAH, I KNOW WE HAVE, UH, THE TWO CASES THAT ARE TO FEBRUARY. OKAY. CAN, SO WE SHOULD STILL BE OKAY. OKAY. ALL RIGHT. AND FOR 25 39, WHICH IS SPROUT'S FARMER'S MARKET, THAT WILL BE ADJOURNED TO FEBRUARY 19TH. FOR ALL PURPOSES. ALL PURPOSES. ALL RIGHT. ADJOURNED. AND WE'RE ADJOURNED. * 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.