[ DRAFT TOWN OF GREENBURGH PLANNING BOARD AGENDA WEDNESDAY, February 4, 2026 – 7:00 P.M. Meetings of the Planning Board will be adjourned no later than 10:00 p.m. ]
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WELCOME TO THE FEBRUARY, UH, FOURTH 2026 PLANNING BOARD MEETING.
UH, IT IS 7:02 PM UH, DEPUTY COMMISSIONER SCHMIDT, WILL YOU CONDUCT THE ROLE CHAIRPERSON PINE? HERE, MR. WEINBERG? HERE.
MR. PILLINGER HERE, OUR ALTERNATE MS. ANDERSON HERE AND OUR SECOND ALTERNATE.
HERE, NOTE FOR THE RECORD THAT MICHELLE MOYER IS NOT PRESENT THIS EVENING.
AND, UH, MS. ANDERSON AND MS. ROBINSON WILL BOTH BE, UH, VOTING MEMBERS.
UH, AND I WOULD JUST LIKE TO TAKE A MOMENT AND WELCOME, UH, MR. PILLINGER AND MR. RO, MRS. ROBINSON TO THE PLANNING BOARD.
UH, WE'RE WE'RE GRATEFUL FOR YOUR SERVICE AND WE'RE, WE'RE EXCITED TO HAVE YOU.
UM, DID EVERYONE HAVE A MOMENT TO REVIEW THE MINUTES THAT WERE DISTRIBUTED? YES.
ALRIGHT, WERE THERE ANY QUESTIONS OR COMMENTS ON THE MINUTES? NO.
ALRIGHT, THEN I WILL ENTERTAIN A MOTION TO APPROVE THE JANUARY 21ST.
SO, MOVE, UH, MOVE MR. WEINBERG.
MR. PILLINGER? ALL IN FAVOR? AYE.
WE HAVE, UH, TWO ITEMS OF OLD BUSINESS UP FOR WORK SESSION.
UH, THE FIRST CASE NUMBER PB 25 24, THE PICKLER, UH, WHICH IS SEEKING A SPECIAL USE PERMIT, UH, FOR A FULLY ENCLOSED COMMERCIAL RECREATION FACILITY.
UH, I BELIEVE A, UH, AN APPROVAL HAS BEEN DISTRIBUTED.
UH, DEPUTY COMMISSIONER SCHMIDT, CAN YOU WALK US THROUGH THE APPROVAL IN ANY, UH, SITE SPECIFIC CONDITIONS? SURE.
SO, UH, FOLLOWING CLOSURE OF THE PUBLIC HEARING STAFF PREPARED THIS DRAFT DECISION WHICH WAS CIRCULATED TO THE BOARD.
UH, THERE ARE TWO VOTES TO BE CONSIDERED THIS EVENING.
ONE TO CONSIDER CLASSIFYING THE PROPOSED ACTION AS A TYPE TWO ACTION UNDER SEEKER, AND THEN SECOND TO CONSIDER A DECISION ON THE SPECIAL USE PERMIT FOR THE FULLY ENCLOSED COMMERCIAL RECREATION FACILITY, UM, IN CONNECTION WITH CONDITIONS OF APPROVAL.
I JUST CALL TO YOUR ATTENTION ON PAGE FOUR, CONDITION NUMBER EIGHT, UH, WHICH STATES THAT THE APPLICANT AND OR PROPERTY OWNER SHALL INSPECT THE EXISTING STORMWATER MANAGEMENT FACILITIES AND CAUSE TO HAVE ANY MAINTENANCE OR REPAIRS PERFORMED AS NECESSARY TO ENSURE THE SYSTEM IS FUNCTIONING AS DESIGNED SUBJECT TO THE REVIEW AND APPROVAL OF THE TOWN ENGINEER.
OTHERWISE, ALL OTHER CONDITIONS AND THE REMAINDER OF THE DECISION ARE FAIRLY BOILERPLATE.
DID EVERYONE, DID ANYONE HAVE ANY QUESTIONS OR COMMENTS ON THE DRAFT DECISION? NO.
I GUESS THE FOLLOW UP WOULD BE, I THINK, UM, SIGNAGE WAS SUBMITTED TO THE BUILDING DEPARTMENT.
UM, DID THE APPLICANT GET CONFIRMATION THAT THEY NO LONGER NEED, THAT THEY DON'T NEED VARIANCES? SO THE APPLICANT, AS I UNDERSTAND IT, HAS COMMUNICATED IN WRITING TO OUR OFFICE THAT THEY'RE IN PROCESS OKAY.
OF REVISING THE SIGNAGE TO BE IN COMPLIANCE WITH THE REQUIREMENTS OF THE CODE.
UH, I JUST WANTED TO CLARIFY THAT WE HAD ACTUALLY NEVER FORMALLY SUBMITTED THE APPLICATION.
WE JUST INCLUDED IT KIND OF AS A VISUAL IN THIS PRESENTATION, IN THIS APPLICATION.
SO WE DO HAVE A SIGNED CONSULTANT ON BOARD NOW THAT IS PREPARING A FORMAL APPLICATION THAT OUR INTENT IS TO FULLY COMPLY WITH THE ZONING CODE.
UM, ANY OTHER QUESTIONS OR COMMENTS? ALRIGHT, THEN WE HAVE TWO VOTES TO CONSIDER FOR THIS APPLICATION.
UM, I'LL FIRST ENTERTAIN A MOTION TO CLASSIFY THE PROPOSED ACTION AS A TYPE TWO ACTION UNDER CCRA.
MS. ANDERSON? ALL IN FAVOR? AYE.
UH, NEXT I WILL, UH, ENTERTAIN A MOTION TO APPROVE THE DRAFT DECISION FOR THE SPECIAL USE PERMIT.
MR. PILLINGER? ALL IN FAVOR? AYE.
UH, NEXT UP WE HAVE CASE NUMBER PB 25 28, THE NATURE CENTER AT GREENBURG, UH, WHICH IS SEEKING A PLANNING BOARD STEEP SLOPE PERMIT AND TREE
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REMOVAL APPLICATION.UH, BEFORE WE BEGIN, I JUST WANNA LET, UH, EVERYONE KNOW THAT I WILL BE ABSTAINING FROM ANY DISCUSSION OR VOTE ON THIS APPLICATION.
UM, UH, DEPUTY COMMISSIONER SCHMIDT, CAN YOU WALK US THROUGH THE DRAFT DECISION, UH, AND ANY SITE SPECIFIC CONDITIONS? YES.
SO, FOLLOWING CLOSURE OF THE PUBLIC HEARING, UH, NO ADDITIONAL COMMENTS WERE RECEIVED.
STAFF THEREFORE, UH, PREPARED THIS DRAFT DECISION FOR THE BOARD'S CONSIDERATION THIS EVENING.
THREE VOTES, UH, FOR YOUR CONSIDERATION.
ONE TO CONSIDER CLASSIFYING THE PROJECT AS A TYPE TWO ACTION UNDER SEEKER TWO TO CONSIDER VOTING ON THE PLANNING BOARD STEEP SLOPE PERMIT APPLICATION.
AND THIRDLY, TO CONSIDER VOTING ON THE TREE REMOVAL PERMIT APPLICATION.
UM, THE DECISION'S FAIRLY STANDARD FOR A PROJECT OF THIS TYPE I CALL TO YOUR ATTENTION.
UH, ONE SITE SPECIFIC REQUIREMENT ON PAGE SEVEN, CONDITION 4.1, WHICH INDICATES THAT THE APPLICANT SHALL OBTAIN ALL NECESSARY APPROVALS FROM THE WESTCHESTER COUNTY DEPARTMENT OF HEALTH FOR THE INSTALLATION OF THE COMPOSTING TOILETS.
ASIDE FROM THAT, EVERYTHING ELSE IS FAIRLY STANDARD.
ARE THERE ANY QUESTIONS OF THE BOARD MEMBERS? NO, NO.
JUST ON THE COVER LETTER, SHOULD THAT DATE BE TODAY'S DATE, UH, FOR THE EXTENSIONS? UH, SO WHAT WE DO IS THE DECISION TAKES EFFECT UPON SIGNING BY THE COMMISSIONER OR SECRETARY TO THE PLANNING BOARD.
THE DAY AFTER, BUT WE MAKE REFERENCE IN THE DECISION TO TONIGHT'S VOTE.
ALRIGHT, UM, ANY OTHER QUESTIONS OR COMMENTS? UH, DO I SEE A MOTION TO CLASSIFY THE PROPOSED ACTION AS A TYPE TWO ACTION UNDER CCRA? SO SECOND.
UH, MR. WEINBERG? ALL IN FAVOR? A CHAIR ABSTAINS.
UM, DO I SEE A, A MOTION TO VOTE ON THE DRAFT TO APPROVE THE DRAFT DECISION FOR THE STEEP SLOPE PERMIT APPLICATION? SO MOVED.
UH, MR. WEINBERG? ALL IN FAVOR? AYE.
UM, AND LASTLY, DO I SEE A MOTION TO VOTE ON THE, TO APPROVE THE DRAFT DECISION FOR THE TREE REMOVAL PERMIT APPLICATION? SO MOVED.
MR. PILLINGER? ALL IN FAVOR? AYE.
WAS THAT AN SOMEONE ON THE ZOOM VOTING OR MR. ZAPA IS MUTED.
CONGRATULATIONS, UH, MS. DON AND THANK YOU.
WE HAVE ONE PIECE OF CO YEAH, ONE PIECE OF CORRESPONDENCE THIS EVENING.
UH, CASE OR SORRY, TWO PIECES OF CORRESPONDENCE THIS EVENING.
THE FIRST IS RELATED TO CASE NUMBER PB 2220 ELMWOOD PRESERVE, UH, DEPUTY COMMISSIONER SCHMIDT, CAN YOU WALK US THROUGH THE, THE CORRESPONDENCE? YES.
AND WE DO HAVE, UH, MS. COHEN HERE FROM ZAIN AND STEINZ IF THERE ARE ANY QUESTIONS FOR THE APPLICANT.
BUT, UM, AS STATED IN THE EMAIL, DISTRIBUTED IN, IN LIGHT OF THE FACT THAT, UM, THE APPLICANT AND STAFF CONTINUE TO WORK TOGETHER ON THE DRAFT DECISION FOR FINAL SUBDIVISION APPROVAL, THE APPLICANT IS REQUESTING A NUN PROTON RETROACTIVE EXTENSION OF THE PRELIMINARY SUBDIVISION APPROVAL, WHICH WAS, WHICH EXPIRED ON FEBRUARY 2ND OF THIS YEAR.
AS YOU MAY RECALL, THE APPLICANT WAS BEFORE THIS BOARD AT THE LAST MEETING TO CONSIDER, BUT HAD ASKED THAT, UM, THEY CONTINUE AND HAVE SOME TIME TO WORK WITH STAFF ON THE DECISION AND GET ANY OF THEIR QUESTIONS ANSWERED.
SO, UH, IN LIGHT OF THAT, THEY SUBMITTED THIS REQUEST.
IT IS FOR A PERIOD OF 90 DAYS.
UH, SO THE BOARD MAY CONSIDER THAT RETROACTIVE EXTENSION THIS EVENING.
ARE THERE ANY QUESTIONS OR COMMENTS ON THE EXTENSION? NO.
ANY TIMEFRAME ON, YOU KNOW, MOVING THIS FORWARD? YES.
SO ONE OF THE, UM, OUT OF DISCUSSION BETWEEN THE APPLICANT AND TOWN STAFF, UH, THERE WAS A REQUEST AND A DESIRE TO MEET WITH NEW YORK STATE DEC TO GET CLARIFICATION ON SOME ITEMS. AND THAT IS ACTUALLY TAKING PLACE TOMORROW AT 9:00 AM SO ONCE WE HAVE THAT INFORMATION, I BELIEVE THAT WE'LL BE ABLE TO MOVE TOWARDS, UH, A POINT WHERE THIS BOARD CAN CONSIDER A DECISION.
JUST ON THE FORMAT, THE, UH, LETTER SAYS NO.
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OBVIOUSLY A TYPO, NOT LESS THAN 90 DAYS, BUT IT DOESN'T HAVE AN OUTSIDE DATE.IS THAT NORMAL IN THE PROCESS? IN THE PROCESS, AN APPLICANT OR THE BOARD MAY, UH, GRANT AN EXTENSION UP TO 180 DAYS.
FOR PRELIMINARY SUBDIVISION APPROVAL IN THIS CASE.
UM, THIS IS THE FIFTH EXTENSION REQUEST AND WE DO FEEL LIKE WE'RE CLOSE TO GETTING TO THE POINT WHERE THE BOARD CAN VOTE ON A DECISION.
SO STAFF'S RECOMMENDING 90 DAYS.
AS REQUESTED BY THE APPLICANT, WHEN ERWIN, YOU FINALLY REACH, UH, YOU KNOW, AN AGREEMENT WITH THE, UH, APPLICANT, THE DRAFT APPROVAL THAT WE SAW THE LAST TIME MM-HMM
CAN WE GET A BLACK LINE OR A RED LINE OF THAT THAT SHOWS, YOU KNOW, ANY ADDITIONS OR DELETIONS FROM, YOU KNOW, WHAT WE LOOKED AT? 'CAUSE IT WAS I THINK 32 PAGES.
AND, UH, IT'D BE NICE NOT TO HAVE TO READ IT FROM SCRATCH.
UM, AND, AND JUST FOR THE, THE EDIFICATION OF, OF THE NEWER MEMBERS, UM, FIRST DEPUTY TOWN ATTORNEY MADONNA, YOU KNOW, WHAT, WHAT WOULD YOU KNOW IF, IF, IF ONE WERE TO WANNA DENY AN EXTENSION, WHAT WAS THE, WHAT WOULD BE THE CRITERIA THAT WE WOULD LOOK AT? UM, SO THIS IS A FIFTH REQUEST.
UM, GENERALLY WHEN IT GETS PASSED, THE FIRST, SECOND, THIRD, UM, WE LOOK AT WHAT ARE THE CIRCUMSTANCES SURROUNDING THE REQUEST.
IS IT HELD UP BECAUSE THE APPLICANT'S NOT MOVING THE PROJECT FORWARD, OR IS IT DUE TO EXTERNAL CIRCUMSTANCES? FOR EXAMPLE, A COMMON ONE IS, UH, WESTCHESTER COUNTY DEPARTMENT OF HEALTH APPROVAL, UM, OR DOT APPROVAL.
UM, GENERALLY WE DON'T DENY THE REQUEST, UH, UNLESS, AND EVEN STILL, WHEN THERE HASN'T BEEN MUCH MOVEMENT AS FAR AS THE APPLICANT, UM, QUITE OFTEN WHAT WE'VE DONE IN THE PAST IS PUT IN A REQUIREMENT THAT THEY CHECK IN WITH STAFF EVERY 30 DAYS TO MAKE SURE THE PROJECT IS MOVING FORWARD.
UM, IF YOU DID DENY IT, IT WOULD COME BACK AND START ALL OVER.
SO UNLESS SOMETHING HAS CHANGED, THAT IS NOT REALLY BENEFICIAL TO ANYONE.
AND AND I, AND I GUESS THE, THE POINT, THE POINT I WAS TRYING TO MAKE IS, YOU KNOW, GENERALLY, UM, AS LONG AS AN APPLICANT IS, YOU KNOW, BEING PROACTIVE AND RESPONSIVE AND ENGAGING WITH STAFF ON MOVING THEIR APPLICATION ALONG, UM, IT WOULD, IT WOULD OTHERWISE BE ARBITRARY AND CAPRICIOUS JUST TO, TO DENY THE EXTENSION.
ANY OTHER QUESTIONS, COMMENTS, THEN I WILL ENTERTAIN A MOTION TO APPROVE A FIFTH EXTENSION, UH, ON, UH, PB 2220.
UH, NONE PROTON, UH, ON THE PRELIMINARY SUBDIVISION APPROVAL FOR 90 DAYS VALID THROUGH MAY 3RD, 2026.
UH, MR. PILLINGER? ALL IN FAVOR A AYE CHAIR BOTH.
UM, NEXT UP WE HAVE KATE, WE HAVE CORRESPONDENCE RELATED TO PB 25 21, UH, MANBY, UH, WHO IS SEEKING A MINOR PROJECT WETLAND WATER COURSE PERMIT IS GOOD EVENING.
UH, CHAIR
UH, AND FOR THIS PROJECT THE APPLICANT IS REQUESTING A MINOR PROJECT WETLAND WATERCOURSE PERMIT FOR THE CONSTRUCTION OF A 200 AND, UH, ABOUT 80 SQUARE FOOT DECK, UH, WHICH IS LOCATED WITHIN THE WETLAND WATER CO BUFFER OF AN OFFSITE WETLAND AREA THAT IS PRIMARILY FED BY, UH, STORMWATER RUNOFF AND DRAINAGE.
MINES UNDER CORRESPONDENCE OR SO, THE SHADED AREA IS THE WETLAND WATERCOURSE BUFFER AREA THAT IS ON THE SUBJECT PROPERTY.
THE DECK IS IN THE CORNER OF THE HOUSE.
IT IS LOCATED ABOUT 58 FEET AWAY FROM THE PROPERTY LINE AND CONSEQUENTLY ABOUT 58 FEET AWAY FROM THE WETLAND AND WATERCOURSE AREA.
UH, OF NOTE THIS, UH, THE SUBJECT PROPERTY IS CURRENTLY NON-COMPLIANT, UH, WITH RESPECT TO IMPERVIOUS SURFACE COVERAGE.
THE CODE REQUIREMENT, UH, MAXIMUM PERMITTED IS 29%.
AS PART OF THEIR APPLICATION, THEY'RE PROPOSING TO REMOVE A PORTION OF EXISTING DRIVEWAY, WHICH YOU CAN SEE HERE HATCHED, UH, THAT WOULD BRING THE TOTAL IMPERVIOUS SURFACE COVERAGE AFTER CONSTRUCTION OF THE DECK AND REMOVAL OF THE ASPHALT
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DOWN TO 39.68%.UH, THE DEPUTY BUILDING INSPECTOR, UH, IS STILL, UM, REQUIRING THEM TO GO BEFORE THE ZONING BOARD TO OBTAIN THIS VARIANCE, BUT THERE IS A NET REDUCTION IN IMPERVIOUS SURFACE AREA.
THE APPLICANT WENT BEFORE THE CONSERVATION ADVISORY COUNCIL ON JANUARY 22ND AND RECEIVED A POSITIVE RECOMMENDATION FROM THE CONSERVATION ADVISORY COUNCIL.
I AM HERE BEFORE YOU THIS EVENING TO ANSWER ANY QUESTIONS YOU MAY HAVE ABOUT THIS PROJECT AND TO REQUEST THAT YOU TURN THE APPLICATION OVER TO ME FOR AS THE TOWN WETLANDS INSPECTOR TO ISSUE A DECISION ON THE PROJECT, UH, TO CLASSIFY THIS AS A TYPE TWO ACTION UNDER SEEKER.
AND IF THE BOARD, SO PLEASE IS TO ISSUE A RECOMMENDATION TO THE ZONING BOARD OF APPEALS ON THE VARIANCE.
UH, TOWN PLANNER, BRI, SO WE HAVE THREE VOTES THIS EVENING.
WE HAVE A, A VOTE TO CLASSIFY THE, THE CCRA.
WE HAVE A VOTE TO ISSUE A RECOMMENDATION ON THE ZONING BOARD, THE ZONING BOARD ON THE VARIANCE, AND WE HAVE A VOTE, UH, ON TURNING THE PROJECT OVER TO THE TOWN WETLAND INSPECTOR.
UM, ARE THERE ANY QUESTIONS ON THE PROJECT ON ANY OF THE MATERIALS DISTRIBUTED? BEFORE WE JUMP INTO THAT, ARE THERE ANY FLOODING ISSUES, UH, WITH REGARD TO THE PROPERTY? NOT THAT WE HAVE BEEN MADE AWARE OF MM-HMM
AND UNDERNEATH THE, UH, NEW DECK, IS THAT JUST EARTH THAT'S UNDER THERE? ARE THERE ANY IMPERVIOUS? SO, GO AHEAD.
YEAH, SO THE APPLICANT IS PROPOSING TO HAVE, THE DECK IS GOING JUST FLAT, UH, ON WHICH WATER WILL BE ABLE TO PERCOLATE THROUGH AND UNDERNEATH THE DECK IS GOING TO BE A GRAVEL BED.
SO WATER WILL BE ABLE TO FLOW UNDERNEATH THE, UH, THE DECK AND PERCOLATE TO THE GROUND.
AND JUST TO ADD ON THAT, THAT'S SOMETHING THAT THE CAC HAS CONSISTENTLY, IF AN APPLICANT DOESN'T DO IT ON THE FRONT END ASK FOR, SO THAT ANY WATER THAT MAKES IT THROUGH THE SLATS HAS AN OPPORTUNITY TO PERK RATHER THAN RUN OFF.
THERE WERE CERTAIN SUGGESTED, UM, OTHER, UH, CONDITIONS LISTED ON PAGE FOUR.
HAVE THE, HAS THE APPLICANT BEEN MADE AWARE OF THESE AND COMMENTED ONE WAY OR ANOTHER ON PAGE FOUR OF THE REPORT? CORRECT.
SHOULD THE PLANNING BOARD GO AHEAD AND DIRECT THE TOWN WETLANDS TO INSPECT A ISSUE? MINOR PERMIT? THE PERMIT, UH, THE GRANTING OF SUCH PERMIT MAY INCLUDE THESE AND OTHER CONDITIONS AND THEN IT LISTS 17 CORRECT CONDITIONS? CORRECT.
SO THESE FALL UNDER THE CHAPTER TWO 80 OF THE TOWN CODE.
SO THEY, THEY COME OUT OF THE CODE REQUIREMENTS AND THEREFORE GET INCLUDED AS CONDITIONS.
THERE'S NOTHING OUT OF THE ORDINARY IN THAT REGARD.
I SHOULD HAVE CALLED YOU EARLIER,
NO, NO, IT'S A GOOD, GOOD QUESTION.
I DO HAVE A QUICK QUESTION, MS. ROBINSON.
SO RIGHT NOW WE'RE AT 43.41 WITH THE DRIVEWAY, BRINGING IT DOWN TO THE 39%.
DOES THAT CONTINUE TO AFFECT THE WETLANDS IN ANY ADVERSE WAY? 'CAUSE I KNOW THAT WE'RE, WE ALLOW 29 AND THAT'S STILL 10% OVER SIGNIFICANT AMOUNT.
YEAH, SO IT IS EXISTING OVER, UH, THE ALLOWABLE PERIA SURFACE AND PROPOSED IS SO GONNA BE OVER, BUT IT WILL BE A REDUCTION.
UH, AND THE AREA OF REDUCTION IS ACTUALLY THE AREA THAT IS CLOSEST TO THE WETLAND AREA.
UM, SO IT WILL HAVE A GREATER BENEFIT, UH, TO THE WETLAND AREA COMPARED TO IF, UH, THE REDUCTION IMPERVIOUS SURFACE WAS ON THE OTHER SIDE OF THE HOUSE, FOR EXAMPLE.
ATTORNEY MAGNA WILL CORRECT ME IF I, UH, IF I GET THIS WRONG, BUT THE, THE CODE REQUIRES APPLICANTS, UM, TO NOT MAKE THE, THE CONDITION WORSE.
AND SO IF IF THERE WERE INCREASE IMPERVIOUS SURFACE, YOU KNOW, THEN WE WOULD BE DISCUSSING WAYS TO MITIGATE THAT, THAT ADDITIONAL POTENTIAL RUNOFF.
UM, YOU KNOW, AS TOWN PLANNER BRITAIN EXPLAINED BECAUSE THE APPLICANT IS ACTUALLY SEEKING TO, TO REDUCE THE PERCENTAGE OF IMPERVIOUS SURFACE, UM, WHILE THE EXISTING CONDITION IS, IS STILL BEYOND WHAT THE CODE REQUIRES, UM, BECAUSE THEY'RE MAKING IT BETTER.
THIS IS GENERALLY SEEN AS A, UM, AS, AS AN IMPROVEMENT.
UM, BUT SO THEY, THEY WENT OVER WITHOUT SEEKING PROPER PERMISSION FROM, FROM US AND NOW BECAUSE NO, IT'S LIKELY A PREEXISTING CONDITION.
SO IT'S PREEXISTING, MEANING IT PROBABLY PREDATES THE REQUIREMENTS FOR THE IMPERVIOUS COVERAGE.
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SO TECHNICALLY IF THEY'RE NOT INCREASING, UM, THEY DON'T HAVE TO INCLUDE ANY ADDITIONAL STORMWATER IMPROVEMENTS PER THE CODE.UM, THEY'RE REDUCING IT, WHICH IS A BENEFIT, BUT THEY ALSO STILL NEED THE VARIANCE BECAUSE THEY'RE STILL OVER.
SO, UM, BUT IN TERMS OF ASKING FOR ADDITIONAL STORM WATER IMPROVEMENTS MM-HMM
THAT WOULDN'T BE AT THIS PHASE.
OR YOU CAN OR CAN WE CONDITION THAT ON IT? IT'S, SO IT, UM, SOMETHING ELSE TO CONSIDER I WANTED TO POINT OUT, NOT TO GET TOO FAR AWAY FROM IT, IS THAT THAT'S OUR CODE TREATS GRAVEL AS IMPERVIOUS COVERAGE.
SO IT'S
THE DECK IS CERTAINLY CONSIDERED IMPERVIOUS COVERAGE.
UM, BUT THAT'S PART OF THE REASON WHY THE CONSERVATION ADVISORY COUNCIL ASKED FOR SPACING MM-HMM
BETWEEN THE DECK BOARDS AND THE GRAVEL BED UNDERNEATH TO ASSIST, RATHER THAN IT ALL BE TIGHT AND THE WATER CASCADE OFF THE SIDE OF THE DECK.
SO WITH RESPECT TO GRAVEL, IT, IT'S CONSIDERED IMPERVIOUS.
IF IT'S LIKE PARKED ON OR VEHICLES TRAVEL OVER IT, I DON'T THINK THAT WOULD QUALIFY IN THIS CASE 'CAUSE IT'S UNDERNEATH THE DECK.
BUT THE DECKS COUNT, THE DECK STILL COUNTS ANYWAYS, IMPERVIOUS ANYWAY, BUT THE WATER'S ABLE TO PERCOLATE UNDERNEATH SO THE WATER IS ABLE TO PERCOLATE RATHER THAN RUN OFF.
UM, MATT, ONE QUESTION IS, IF YOU MIGHT BE ABLE TO ZOOM IN JUST TO SEE THE CONTOURS.
UM, IT LOOKS TO ME LIKE REALLY THE, THE DRIVEWAY IS SEPARATING THE AREA OF WORK FROM THE WATERCOURSE.
AND THERE IS A BELGIAN BLOCK CURB ALONG THE DRIVEWAY, WHICH DOES PROVIDE ADDITIONAL KIND OF BUFFER, UH, BETWEEN THE AREA OF WORK AND THE, UH, THE WATERCOURSE ADDITION TO THE S SO FENCE THAT'S PROPOSED.
AND IT'S A GRADUAL GRADE TOWARDS THE WATERCOURSE? YES.
THAT THIS IS 3 3 2 3 3 0 3 2 8.
SO IT'S A VERY FLAT, UH, AND GRADUAL GRADE TOWARDS THE DRIVEWAY AND TOWARDS THE WATERCOURSE AND
IN FACT, THE WAY I READ THOSE CONTOURS, SORRY, UM, IS IF ANY WATER WAS TO, LET'S SAY NOT, WAS UNABLE TO PERCOLATE UNDERNEATH THE DECK AND, AND LEFT FROM UNDER THE DECK, IT WOULD ACTUALLY TRAVEL DOWN TOWARDS THE LOWER PORTION OF THE DRIVEWAY RATHER THAN STRAIGHT ACROSS, TOWARDS THE WATERCOURSE IN WETLAND AREA.
BASED ON THE CONTOURS, HAS THE APPLICANT BEEN ASKED TO REDUCE THE IMPERVIOUS SURFACE FURTHER? SO THEY WERE ASKED BY THE CONSERVATION ADVISORY COUNCIL, UH, MORE OR LESS, WHY STOP HERE AT REMOVING ASPHALT? WHY LEAVE THIS SECTION? AND THE APPLICANT RESPONDED THAT THEY NEED THIS AREA TO PROVIDE STORAGE FOR THEIR CARS AND TO PROVIDE ADDITIONAL TURNAROUND AREA BECAUSE THE DRIVEWAY IS, UH, IT'S ESSENTIALLY, UM, A FLAG LOT.
SO IT IS JUST A LONG NARROW DRIVEWAY.
UH, SO THERE'S NOT REALLY AN OPPORTUNITY FOR THEM TO TURN A CAR AROUND EXCEPT FOR BY GOING UP THE SIDE, UH, HERE AND TURNING AROUND THERE.
ARE THEY WILLING TO DO ANY OTHER STORM WATER PROTECTION MEASURES? I HAVE NOT ASKED 'EM THAT QUESTION.
I CAN ASK THEM, UH, IF THEY WOULD BE OPEN TO IT.
AND, AND YOU SAID THE SITE DID OR DID NOT HAVE A HISTORY OF FLOODING? NOT TO MY KNOWLEDGE.
NOT, UH, NO FLOODING WAS RAISED AT ANY POINT, UH, IN OUR DISCUSSIONS.
UM, SO IT'S, SORRY, NOT TO YOUR KNOWLEDGE.
WAS THE QUESTION ASKED OR IT JUST DIDN'T COME UP? IF IT DOES, IT NEVER CAME UP.
AND THEN, AND IS ANYONE REPRESENTING THE APPLICANT HERE? NO.
UM, I WOULD BE CURIOUS TO KNOW IF THERE'S FLOODING IN THAT CIRCLE THAT THEY WANNA TAKE AWAY FROM, WHICH IS THE REASON WHY THEY WANNA DO THAT, AND THEN IT WOULD SPEAK TO EMILY'S NEED FOR A BOARD DRAINAGE.
I GUESS WAS THERE, IN, IN DISCUSSION WITH THE
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APPLICANT, WAS, WAS THERE ANY RATIONALE FOR REMOVING THE, THE, THE FURTHEST END OF THE DRIVEWAY? OTHER, OTHER THAN IT BEING THE FURTHEST END? UH, YEAH.SO, UH, WHEN THEY WERE MADE AWARE THAT THE DECK WOULD COUNT AS IMPERVIOUS SURFACE COVERAGE, THEY SOUGHT TO BALANCE, UH, THE AMOUNT ADDED, UH, BY REMOVING A CORRESPONDING AMOUNT.
AND, UM, THEY WENT ABOVE AND BEYOND THAT, UH, BY, BY VIRTUE OF THE FACT THAT THEY'RE REMOVING, UH, 833 SQUARE FEET OF ASPHALT, UH, COMPARED TO ADDING 281 SQUARE FEET OF DECK, UM, I PRESUME THAT THEY SELECTED THE END OF THAT SECTION BECAUSE YEAH, THAT'S THE END AND THAT'S NOT STRICTLY NEEDED FOR THEM TO, UH, UTILIZE THEIR DRIVEWAY.
IT'S UNFORTUNATE THEY DIDN'T APPEAR.
SO, UM, WITH RESPECT TO MINOR PROJECT, WETLAND WATERCOURSE PERMITS WHERE THE TOWN WETLANDS INSPECTOR REPORTS TO THE BOARD, UM, THE APPLICANT IS TYPICALLY NOT, YOU KNOW, ASKED EVEN TO ATTEND.
IN THE, IN AN INSTANCE WHERE THE BOARD SAYS, HEY, LOOK, WE WANT SOME, UH, EITHER ANSWERS TO QUESTIONS OR, YOU KNOW, AN APPLICANT TO ATTEND A FORMAL WORK SESSION, THEN THAT WOULD BE RELAYED TO THE APPLICANT.
SO SOMETHING TO NOTE HERE IS THIS WOULD NORMALLY BE DONE ADMINISTRATIVELY EXCEPT FOR THE FACT THAT IT'S IN PROXIMITY TO WATERCOURSE.
SO GENERALLY THIS WOULD BE DONE AT THE BUILDING AND BUILDING DEPARTMENT LEVEL.
UM, AND, AND THERE'S NO ENCROACHMENT INTO THE WETLAND, UH, WATERCOURSE, CORRECT? THERE'S JUST NO, IT'S JUST, IT'S JUST PROXIMITY'S, JUST PROXIMITY MM-HMM
AND IT, AND THE DISTURBANCE IS STRICTLY RELATED TO, UH, OR THE NEW DISTURBANCE IS STRICTLY RELATED TO THE FOOTINGS OR THE SUPPORT POSTS FOR THE DECK? CORRECT.
SO EXCEPT FOR THE FACT THAT THERE'S A WATERCOURSE NEARBY, THIS WOULD BE DONE ADMINISTRATIVELY AS FAR AS THE DECK AND THE, THE REMOVAL OF THE DRIVEWAY.
AND THEY WOULD JUST BE SEEKING A VARIANCE FROM THE ZONING BOARD FOR THE IMPERVIOUS COVERAGE.
IT'S ABOUT THREE SQUARE FEET OF DISTURBANCE WITHIN THE BUFFER AREA, WHICH IS WHY I'M PRESENTING THIS TO YOU THIS EVENING.
ANY OTHER QUESTIONS? SO, I, I, I THINK THE, THE FIRST TWO ARE STRAIGHTFORWARD AND, AND THEN WE CAN DISCUSS WHAT WE WANT TO DO WITH THE LAST ONE.
UM, SO THE FIRST MOTION, UH, I'LL WARRANTY AND A MOTION TO CLASSIFY THE PROPOSED ACTION AS A TYPE TWO ACTION UNDER CCRA.
UM, SO THE NEXT VOTE TO CONSIDER IS, UH, A VOTE ISSUING A RECOMMENDATION TO THE ZONING BOARD ON THE VARIANCE, UH, WHICH WHILE IS A REDUCTION FROM THE CURRENT CONDITION, UM, IS GREATER THAN WHAT THE CODE PERMITS AS HAS BEEN, UH, IDENTIFIED, UM, FOR OUR NEWER MEMBERS.
DEPUTY COMMISSIONER SCHMIDT, CAN YOU WALK US THROUGH, UM, THE STANDARDS THAT THE PLANNING BOARD IS TYPICALLY USED WHEN MAKING RECOMMENDATIONS TO THE ZONING BOARD ON VARIANCES? YES.
AS A MEMO AND I WILL CIRCULATE IT TO OUR NEWER MEMBERS DATED NOVEMBER 3RD, 2023, UH, FROM THE PLANNING BOARD TO THE ZONING BOARD RELATED TO A CLARIFICATION ON THE MEANING AND END INTERPRETATION OF RECOMMENDATIONS TO THE ZONING BOARD OF APPEALS.
ESSENTIALLY, UM, I'LL GO THROUGH POSITIVE, NEUTRAL, AND NEGATIVE.
SO THE BOARD WERE TO CONSIDER A POSITIVE RECOMMENDATION IN THAT CASE THAT THE ZONING BOARD OF APPEALS, UH, PROVE THE VARIANCE OR VARIANCES.
UM, THERE WOULD NEED TO BE ONE OR MORE COMPELLING PLANNING REASONS WHY THE VARIANCE OR VARIANCES ARE NEEDED, WARRANTED, OR ADVISABLE.
THE PLANNING BOARD RECOMMENDATION IN THAT INSTANCE MAY INCLUDE FINDINGS ON THE REASON OR REASONS FOR THE POSITIVE RECOMMENDATION MAY INCLUDE RECOMMENDATIONS ON CONDITIONS TO ANY APPROVALS OF THE VARIANCE OR VARIANCES.
AND A TYPICAL POSITIVE RECOMMENDATION WILL INVOLVE A PROJECT FOR WHICH THE VARIANCE OR VARIANCES MITIGATE THE ENVIRONMENTAL OR COMMUNITY IMPACTS OF THE PROJECT.
WITH RESPECT TO NEUTRAL RECOMMENDATIONS, THE PLANNING BOARD DETERMINES THAT THERE IS NO COMPELLING PLANNING REASON TO ISSUE A POSITIVE OR NEGATIVE RECOMMENDATION, AND THEREFORE FEELS THAT A DETERMINATION, DETERMINATION ON GRANTING OR DENYING THE VARIANCE LIES SOLELY WITH THE ZONING BOARD OF APPEALS.
THE PLANNING BOARD RECOMMENDATION IN THOSE INSTANCES MAY INCLUDE FINDINGS ON THE REASONS FOR THE NEUTRAL RECOMMENDATION MAY INCLUDE RECOMMENDATIONS ON CONDITIONS THAT COULD IMPROVE THE APPLICATION.
A TYPICAL NEUTRAL RECOMMENDATION
[00:30:01]
WILL INVOLVE A PROJECT FOR WHICH THE VARIANCE HAS NO OR NEG NEGLIGIBLE IMPACT TO THE PROJECT AS PRESENTED TO THE PLANNING BOARD, AND WHICH DOES NOT DEMONSTRATE A LIKELIHOOD OF NEGATIVELY IMPACTING THE SURROUNDING NEIGHBORHOOD OR ENVIRONMENT.WITH RESPECT TO NEGATIVE RECOMMENDATIONS, THE PLANNING BOARD, UH, WOULD RECOMMEND THAT THE ZONING BOARD DENY THE VARIANCES SOUGHT AS, UH, THERE ARE ONE OR MORE COMPELLING PLANNING REASONS WHY THE VARIANCE IS INAPPROPRIATE, UNWARRANTED, OR OBJECTIONABLE.
THE PLANNING BOARD RECOMMENDATION WOULD INCLUDE FINDINGS ON THE REASONS FOR THE NEGATIVE RECOMMENDATION, AND A TYPICAL NEGATIVE RECOMMENDATION WILL INVOLVE A PROJECT FOR WHICH THE VARIANCE WOULD HAVE SIGNIFICANT NEGATIVE IMPACTS TO THE SURROUNDING NEIGHBORHOOD OR ENVIRONMENT.
THE APPLICANT FAILED TO PROVIDE ADEQUATE MODIFICATIONS, ALTERATIONS TO THE PROJECT TO MITIGATE THE IMPACT AND OR THE VARIANCE OR VARIANCES ARE ENTIRELY INCONSISTENT WITH THE COMPREHENSIVE PLAN.
UH, WITH THAT SAID, THE PLANNING BOARD IN THIS MEMO AND, AND OVER TIME HAS STRESSED THAT A NEUTRAL RECOMMENDATION IS NOT TO BE CONSTRUED AS A NEGATIVE RECOMMENDATION AS THE VARIANCES MAY HAVE BENEFICIAL OR HAVE NO IMPACT ON THE ENVIRONMENT OR THE COMMUNITY.
ALRIGHT, ARE THERE ANY QUESTIONS ON THAT STANDARD? NO.
UM, SO IN, IN MY MIND, THIS, THIS COULD EITHER BE A NEUTRAL RECOMMENDATION, WHICH IS GENERALLY AND PROBABLY THE, THE LION'S SHARE OF RECOMMENDATIONS THAT WE MAKE.
UM, OR ONE COULD ARGUE THAT, THAT IT IS POSITIVE BECAUSE WHILE IT'S GREATER THAN WHAT THE CODE PERMITS, IT IS A, A REDUCTION COMPARED TO, UM, THE EXISTING CONDITION.
UM, YOU KNOW, WITHIN THE STANDARD THERE, THERE IS SPECIFIC REFERENCE TO TO NEGLIGIBLE.
AND SO REALLY IT'S A QUESTION OF WHETHER WE THINK THIS REDUCTION, UM, IS, IS MEANINGFUL ENOUGH TO LEAN POSITIVE OR IF WE ARE MORE COMFORTABLE WITH NEUTRAL, WHAT DOES EVERYONE ELSE THINK? I WOULD, UH, I WOULD BE IN FAVOR OF NEUTRAL 'CAUSE I DON'T THINK IT'S COMPELLING.
THEN I WILL ENTERTAIN A MOTION TO ISSUE A NEUTRAL RECOMMENDATION TO THE ZONING BOARD, UH, ON THE, THE ONE AREA VARIANCE.
UM, AND THEN LASTLY, WE HAVE, UH, UH, A DECISION TO TURN THE PROJECT OVER TO THE TOWN WETLANDS INSPECTOR FOR DECISION PURSUANT TO SECTION, UH, TWO 80, UH, DASH EIGHT B ONE.
UM, MS. UH, FIRST DEPUTY TOWN ATTORNEY MAGANA EXPLAINED THAT TYPICALLY THIS WOULD BE, UH, MANAGED ADMINISTRATIVELY, IF NOT FOR ITS PROXIMITY TO THE WETLAND WATER COURSE.
UM, WHICH IS WHY, UH, TYPICALLY IN PROJECTS LIKE THIS WE WOULD, UM, TURN THE PROJECT OVER TO THE TOWNS WETLANDS INSPECTOR.
SO I WOULD, I WOULD ENTERTAIN A MOTION TO TURN THE PROJECT OVER TO THE TOWN WETLANDS INSPECTOR FOR A DECISION.
MR. MR. PILLINGER? ALL IN FAVOR? AYE.
NOW WE HAVE TWO PUBLIC HEARINGS.
UH, FIRST UP WE HAVE A PUBLIC HEARING ON PB 25 10 CENTRAL ANIMAL HOSPITAL, WHICH IS SEEKING A PLANNING BOARD SPECIAL USE PERMIT FOR A SMALL ANIMAL HOSPITAL.
UM, DEPUTY COMMISSIONER SCHMIDT, CAN YOU WALK US THROUGH THE APPLICATION FOR THE RECORD? SURE.
I GUESS FIRST I HAVE TO OPEN, I HAVE TO OPEN THE PUBLIC HEARING.
UM, I'LL ENTERTAIN A MOTION TO OPEN THE PUBLIC HEARING.
UM, SO I WILL, I WILL STATE THIS AGAIN FOR THE RECORD.
FIRST OFF, WE HAVE PB 25 10 CENTRAL ANIMAL HOSPITAL, WHICH IS SEEKING A, UH, PLANNING BOARD SPECIAL USE PERMIT FOR A SMALL ANIMAL HOSPITAL.
UH, DEPUTY COMMISSIONER SCHMIDT, CAN YOU WALK US THROUGH THE APPLICATION FOR THE RECORD? OH, CALL.
UM, DEPUTY COMMISSIONER SCHMIDT, CAN YOU CONDUCT THE ROLE CHAIRPERSON FINE HERE, MR. WEINBERG? HERE.
MS. ANDERSON, OUR ALTERNATE HERE.
AND MS. ROBINSON, OUR SECOND ALTERNATE HERE, BOTH
[00:35:01]
ALTERNATES WILL BE FULL VOTING MEMBERS THIS EVENING.UM, FOR THE THIRD TIME, FIRST UP, WE HAVE PB 25 10 CENTRAL ANIMAL HOSPITAL, WHICH IS SEEKING A PLANNING BOARD SPECIAL USE PERMIT FOR A SMALL ANIMAL HOSPITAL.
UH, DEPUTY COMMISSIONER SCHMIDT, CAN YOU WALK US THROUGH THE APPLICATION? YES.
SO BRIEFLY BEFORE I TURN THINGS OVER TO THE PROJECT TEAM, UM, THE APPLICANT, CENTRAL ANIMAL HOSPITAL AT SEVEN 18 CENTRAL PARK AVENUE SOUTH PO.
SCARSDALE, NEW YORK IS SEEKING A PLANNING BOARD SPECIAL USE PERMIT ASSOCIATED WITH THE PROPOSED CONVERSION OF A FORMER RESTAURANT SPACE, UM, INTO AN ANIMAL HOSPITAL.
THE APPLICANT PROPOSES NO OUTSIDE WORK WITH THE EXCEPTION OF FACADE CHANGES TO FACILITATE SIGNAGE FOR THE PROPOSED USE.
UH, THE USE IS APPROXIMATELY 10,447 SQUARE FEET REQUIRING 53 OFF STREET PARKING SPACES WHERE 75 OFF STREET PARKING SPACES EXIST ON THE SITE.
THE APPLICANT DOES NOT PROPOSE OVERNIGHT BOARDING OF ANIMALS EXCEPT AS MEDICALLY NECESSARY.
AND, UH, THERE WERE A FEW QUESTIONS THAT CAME UP AT THE WORK SESSION, UH, ASKED BY THE BOARD.
SO WE'LL HAVE THE APPLICANT PRESENT THE PROJECT AND THEN GO THROUGH RESPONSES TO THOSE COMMENTS AND THEN WE'LL SEE IF THERE ARE ANY MEMBERS OF THE PUBLIC THAT HAVE ANY QUESTIONS OR COMMENTS AS WELL.
I'LL TURN THINGS OVER TO THE PROJECT TEAM.
HI, THIS IS CHARLIE FROM FMD ARCHITECTS.
I'M THE STUDIO DIRECTOR HERE AT FM D ARCHITECTS.
I WILL SHARE SCREEN, UH, TO GO OVER THE PROJECT.
ARE YOU ABLE TO SEE MY SCREEN? IT'S JUST COMING UP.
UH, SO AT THE PREVIOUS MEETING, UH, THERE WERE VERY MINOR COMMENTS, UH, SOME OF WHICH WE'RE STILL WORKING THROUGH.
UM, THE, THE BOARD WANTED US TO ASSESS THE CURRENT STANDING OF THE RETAINING WALL THAT IS PRESENT, UH, AS WELL AS ASSESS THE CURRENT STATUS OF THE STORM WATER SYSTEM.
WE ARE CURRENTLY UNDER CONTRACT WITH A CIVIL ENGINEER, UH, TO MAKE THEIR ASSESSMENT.
UH, AND WE'VE PLOWED THE, THE LOT SO THEY CAN DO SO.
UH, WE DON'T HAVE, UH, CURRENTLY ANY FEEDBACK AT THE MOMENT AS TO THOSE CONDITIONS.
UM, BUT I DO APPRECIATE THE, THE BOARD'S HELP IN LOCATING EXISTING DRAWINGS, UH, WHICH HAS GIVEN US INFORMATION ON, UH, THE EXISTING STORMWATER SYSTEM.
UM, A ADDITIONALLY, UH, THERE WERE SOME QUESTIONS ABOUT ANIMAL HOUSING.
I I JUST WANT TO BE CLEAR THAT, UM, THE, THE HOSPITAL TEAM IS VERY WELL ADEPT AT MAKING SURE THEY, UH, FOLLOW MEDICAL STANDARDS IN TERMS OF WHERE, UH, DOGS AND CATS ARE BEING HOUSED.
UH, THEY LIKE TO FOLLOW WHAT'S CALLED FEAR FREE PROTOCOLS TO MAKE SURE THAT THEY'RE NOT INTRODUCING ANY, UH, MORE STRESS OR ANXIETY TO THE ANIMALS.
UH, ANOTHER TOPIC THAT WE COVERED IN THE PREVIOUS MEETING, UH, WAS THE INTERIOR RELIEF YARD, UH, WHICH IS SOMETHING THAT WE'RE INTRODUCED, UH, TO THE PROJECT, UM, TO MAKE SURE THAT THERE WASN'T ANY, YOU KNOW, EFFECT TO THE OUTSIDE IN TERMS OF HAVING, UH, AN ABUNDANCE OF DOGS HAVE TO USE OUTSIDE FOR, UM, THEIR RELIEF.
UH, AS WELL AS ANY NOISE, UH, NUISANCE TO THE, THE ADJACENT NEIGHBORS.
SO THE INTERIOR RELIEF YARD AND THE LOWER LEVEL OF THE HOSPITAL, UH, IS TO FACILITATE THAT FUNCTION.
UH, OTHER THAN THAT, I DON'T HAVE ANYTHING TO, TO ADD MR. FOX.
CAN WE, JUST FOR THE BENEFIT OF THE PUBLIC AND, AND OUR NEWER MEMBERS PARTICULARLY WHO ARE NOT PRESENT AT THE LAST MEETING, CAN YOU, YOU KNOW, PULL UP THE SITE PLAN AND BRIEFLY WALK THROUGH, WALK EVERYONE THROUGH THE STANDARDS, UM, THAT YOU'RE SEEKING TO MEET WITH RESPECT TO THE SPECIAL USE PERMIT CRITERIA? YEAH, OF COURSE.
UH, SO LIKE, UH, AARON MENTIONED AT THE BEGINNING, UH, THE PROJECT THAT WE'RE SEEKING TO, TO GO THROUGH IS ACTUALLY A FORMER, UH, RESTAURANT, BEN'S RESTAURANT.
UM, AND THIS IS AN EXISTING HOSPITAL THAT'S LOCATED ABOUT HALF MILE AWAY FROM THIS LOCATION.
UH, THE, THE HOSPITAL TEAM HAS BEEN IN THE LOCAL AREA,
[00:40:01]
UH, FOR ABOUT A CENTURY.SHE'S THE, UH, HOSPITAL MANAGER THERE.
UH, BUT SHE WOULD BE ABLE TO TELL YOU SPECIFICALLY HOW LONG THEY'VE BEEN THERE.
UH, BUT WE, WE WANT TO RELOCATE THEM INTO A NEW LOCATION THAT IS IN LINE WITH CURRENT DAY MEDICAL STANDARDS.
UM, WE WANT TO FOSTER HEALING ENVIRONMENTS AND REALLY, UM, HAVE A BENEFIT TO THE COMMUNITY THAT, UH, MATCHES, YOU KNOW, THE, THE MEDICAL SCIENCE OF VETERINARY, UM, INDUSTRY TODAY.
UM, AS IT WAS DISCUSSED, IF WE GO TO THE SITE PLAN, UH, WE AREN'T LOOKING TO DO ANY TYPE OF ADDITION, UH, OR MODIFICATION TO THE PROPERTY.
UH, WE'RE LOOKING TO REU REUTILIZE, THE EXISTING SITE LIGHTING, UH, THE EXISTING MECHANICAL UNITS.
UH, THE PARKING AS IT WAS MENTIONED, UH, MEETS THE REQUIREMENTS FOR, UH, OUR USE.
UH, BUT WE'RE NOT LOOKING TO MODIFY ANY OF THAT, UH, EXCEPT FOR THE, THE KIND OF THE SIGNAGE THAT'S EXISTING, WHICH WE'VE, UH, PROVIDED, UH, TO THE, THE TOWN AND THE INITIAL DESIGN HAS BEEN ACCEPTED.
UM, BEYOND THAT, UH, WE'RE REALLY JUST LOOKING TO, TO MAKE SURE THAT, YOU KNOW, THE, THE USE OF, UH, HAVING AN ANIMAL HOSPITAL IS ACCEPTABLE.
UM, AND WE'RE HOPING, UH, THE TOWN AND THE, THE RESIDENTS WILL, WILL SEE THE BENEFIT OF THE INCREASE, UH, AND SIZE OF THIS HOSPITAL TO THIS LOCATION AND THE ABILITY TO, TO BRING EVERYTHING UP TO, TO A BETTER STANDARD THAT ULTIMATELY WE BELIEVE WILL BEST SERVE THE COMMUNITY.
ARE THERE ANY QUESTIONS FOR MR. FOX? I DID WANT TO, JUST FOR THE BOARDS, FOR THE BENEFIT OF THE BOARD AND THE PUBLIC, JUST ASK ONE QUESTION UP FRONT.
SO MR. FOX, UM, OUR OFFICE, UH, IN WORKING WITH OUR BUREAU OF ENGINEERING WAS ABLE TO PROVIDE YOU AND YOUR TEAM WITH, UM, PRIOR APPROVED, A PRIOR APPROVED STORMWATER MANAGEMENT CONTROL PERMIT FOR THE FORMER BEN'S DELI, I THINK IT WAS, WHICH OPERATED ON THIS SITE FOR A NUMBER OF YEARS.
SO AS I UNDERSTAND IT, THERE IS AN EXISTING SYSTEM ON THE SITE.
CAN YOU TELL ME AND THE BOARD WHAT THE ENGINEER THAT YOU'VE BROUGHT ON BOARD WILL BE LOOKING AT? IS THAT, YOU KNOW, WHAT THE SYSTEM CAPACITY IS AND WHAT ITS CURRENT FUNCTIONALITY IS, OR IS IT SOMETHING BEYOND THAT OR SOMETHING LESS THAN THAT? UH, YOU'RE EXACTLY RIGHT.
SO WE, WE PASSED ON THE, THE FINDINGS OF THE EXISTING SYSTEM, UH, TO OUR ENGINEER.
UH, SO HE'S IN RECEIPT OF THAT AND UNDERSTANDS WHAT'S, UH, BEEN PERMITTED.
AND SO WHEN THEY CONDUCT THEIR REVIEW OF THE SYSTEM, UH, THEY WILL BE, UH, ASSESSING, YOU KNOW, CAPACITY AND, AND MAKING SURE THAT THE UH, SYSTEM IS IN GOOD FUNCTIONING ORDER.
UH, THEY WILL, I BELIEVE THEY ARE INCLUDING A TYPE OF SCOPE, UH, TO MAKE SURE THAT THE, THE DRAINAGE OF OFF THE LINES IS, IS SUCH THAT IT, IT'S RUNNING FREE OF ANY DEBRIS, UH, OF THAT SORT.
UM, DO WE HAVE AN AGE ON IT YET? DO WE KNOW HOW OLD THE SYSTEM IS? UH, IT IS.
WELL, SO, UH, THE PERMIT WAS IN 2014.
WAS THAT FOR THE DRY WELLS INSTALLED WITH, WITH BEN'S DELI OR IS THAT THE ORIGINAL SYSTEM? UH, THAT'S FOR THE DRY WELLS.
SO WE DON'T KNOW HOW OLD THE SYSTEM IS CURRENTLY.
AND WHEN DO YOU THINK WE WILL HAVE AN ANSWER AS TO THE AGE AS WELL AS WHETHER IT'S FREE FLOWING OR THERE'S ANY IMPEDIMENTS? YEAH, THE, THE HOPE IS THAT WE CAN GET 'EM HOPEFULLY ON SITE NEXT WEEK.
I KNOW THERE'S A PUSH TO GET OUR FINDINGS INTO THE TOWN, UH, PRIOR TO, UH, THE NEXT MEETING.
UM, SO CERTAINLY THAT'S OUR, OUR GOAL SO THAT YOU GUYS HAVE AMPLE TIME TO REVIEW THE FINDINGS.
UM, YOU CAN DO THAT OR THAT'S CURRENTLY OUR GOAL ELSE.
AND YOU CLOSE YOU, THANK YOU HAVE A WRITTEN RECORD OPEN FOR AN EXTENDED PERIOD.
ONE OTHER QUESTION I HAD, UM, THE ENGINEER, I THINK YOU MENTIONED THIS, BUT THE ENGINEER IS ALSO JUST LOOKING AT THE COMPOSITION AND STABILITY OF THAT RETAINING WALL.
SO WE'LL GET SOMETHING IN WRITING AS WELL TO WITH RESPECT TO THAT.
[00:45:01]
OTHER QUESTIONS FOR MR. FOX? YOU MENTIONED THAT YOU MOVED, UM, THE REFUSE IN FOR THE, UM, FOR THE PETS TO RELIEVE THEMSELVES INTO THE BASEMENT.WILL THE PART THAT YOU HAVE OUTSIDE DISAPPEAR OR WILL THAT STAY IN A SMALLER CAPACITY? YEAH, WE, WE DON'T CURRENTLY HAVE ANY PORTION OUTSIDE FOR DOGS.
UM, AND, AND SO ANY EFFECT OF, YOU KNOW, URINATION OR ANYTHING LIKE THAT WOULD BE SOLELY, UH, CLIENTS COMING IN.
UM, BUT AS FAR AS THE FUNCTION AND THE CONTROL THAT THE HOSTILE TEAM HAVE OVER THE, THE PATIENTS, UH, THEY WILL ONLY BE DOWN HERE AND THE ENGINEER WILL BE LOOKING AT THE, WILL THE ENGINEER BE LOOKING AT THE DRAINAGE RIGHT.
UH, FOR THE INTERIOR RELIEF YARD AS PART OF THE SCOPE OF THEIR ASSIGNMENT.
SO THE DRAINAGE OF, OF THIS INTERIOR RELIEF YARD, OBVIOUSLY IT DOESN'T EXIST YET.
UH, SO THAT WILL BE PART OF THE, THE RENOVATION AS TO INTRODUCE THIS AND, UH, HAVE THE PROPER DRAINAGE OF THAT SYSTEM.
YOU'LL SEE THAT WE, WE HAVE A TRENCHED DRAIN SHOWN HERE AS WELL AS A, A HOSE TO, TO HOSE DOWN THE AREA.
SO THE INTENTION IS THAT, UH, ANY WASTE, SOLID WASTE WOULD OBVIOUSLY BE PICKED UP AND THEN ANY URINE WOULD BE ABLE TO BE FLUSHED DOWN THROUGH THE, THE TRENCH DRAIN AND THAT THAT WOULD BE ADDRESSED BY THE PLUMBING, UH, INSPECTOR AND THE BUILDING DEPARTMENT.
AS FAR AS SEWER AND THINGS LIKE THAT, NOT JUST GOING INTO THE WATER SYSTEM? CORRECT.
ANY OTHER QUESTIONS FOR MR. FOX? NO.
UM, MR. FOX, COULD YOU BRIEFLY WALK US THROUGH, UH, THE LANDSCAPING ON THE PROPERTY, ESPECIALLY CLOSER TO THE REAR, UH, PROPERTY LINE CLOSEST TO THE IMMEDIATE, UH, SINGLE FAMILY HOME RESIDENCE? YEAH.
UH, SO, YOU KNOW, WE, WE HAVE COMMERCIAL PROPERTIES ON EITHER SIDE FROM THE, THE STREET SIDE, BUT, UH, TO YOUR POINT IN THE REAR, THERE ARE RESIDENCES BACK IN THIS AREA.
UM, WE UNDERSTAND THAT WITH ESPECIALLY VETERINARY FUNCTIONS OR DOG BOARDING, WHICH WE'RE NOT DOING ANY DOG BOARDING HERE, BUT WE UNDERSTAND THAT NOISE CAN BE OF CONCERN.
UH, WE DO FEEL THAT THERE IS A SIGNIFICANT BUFFER WITH THE TREES AND, UH, THE, THE DISTANCE BETWEEN OUR, OUR BUILDING AND THE CLOSEST ADJACENT, UH, RESIDENCE, UH, THAT THAT WON'T BE AN ISSUE.
UM, HA HA, HAS THERE BEEN, EXCUSE ME.
I SAY HAS THERE BEEN ANY ASSESSMENT OF THE, THE HEALTH OF THE, ARE THOSE PRIMARILY TREES OR BUSHES OR WHAT ARE, WHAT'S BACK THERE? UH, ANDREW, I'M NOT SURE IF YOU CAN SPEAK TO THAT.
I, I BELIEVE THEY'RE MOSTLY TREES IN THAT LOCATION.
THERE, THERE'S, HI, GOOD EVENING.
UH, I WORK WITH, UH, CHARLIE ON THIS PROJECT, UH, FOR FMD ARCHITECTS.
THE, UH, LANDSCAPING IN THE BACK OF THAT PARKING LOT BETWEEN OUR SITE AND THOSE NEARBY SINGLE, SINGLE FAMILY HOMES IS PRIMARILY LARGE TREES.
UM, THERE ARE SOME SMALLER KIND OF BUSHES AND SHRUBS, UM, BORDERING OUR PROPERTY ON THE PLAN NORTH AND SOUTH THERE BETWEEN THE COMMERCIAL PROPERTIES.
SO IT'S KIND OF A LAYERED LANDSCAPE.
LOOK, I BELIEVE THERE'S ALSO LAWN, SOME LAWN AREA UP THERE.
IS THAT CORRECT? BEYOND THE CURB EDGE? YEAH, I MEAN YOU CAN KIND OF SEE FROM, FROM THE STREET SIDE RIGHT.
AND OVER HERE, UM, YEAH, SOME OF THE, THE SHRUBBERY THAT ANDREA IS DISCUSSING AND THEN YOU CAN SEE THE LARGE MATRE, LARGE MATURE TREES AND THE, THE BACKGROUND HERE.
ARE YOU, ARE YOU GONNA, ARE, IS THERE GONNA BE ANY IMPROVEMENTS TO THE, TO THE LANDSCAPING IN THE FRONT OF THE PROPERTY? 'CAUSE THAT LOOKS A LITTLE, A LITTLE SAD WHAT YOU'RE SHOWING US.
YEAH, I THINK FOR THE BENEFIT OF THE COMPANY, UH, THAT WOULD DEFINITELY BE CLEANED UP, UH, TO GIVE A, UH, POLISHED LOOK TO THE HOSPITAL FOR SURE.
SO IF WE WERE TO CONDITION IMPROVEMENTS TO THE LANDSCAPING AT THE FRONT OF THE PROPERTY, YOU WOULDN'T OBJECT TO THAT? I DON'T BELIEVE WE'D OBJECT, NO.
AND THAT CAN BE REVIEWED, UH, WITH THE TOWN FORESTRY OFFICER? SURE.
UM, ANY OTHER QUESTIONS FROM THE BOARD? IS THERE ANYONE FROM THE PUBLIC HERE IN PERSON WHO WOULD LIKE TO SPEAK ON THIS APPLICATION?
[00:50:02]
ARE THERE, IS ANYONE ON ZOOM WHO WOULD LIKE TO SPEAK ON THIS APPLICATION? ALRIGHT, UH, MR. FOX C CAN YOU SUMMARIZE THE, THE OUTSTANDING QUESTIONS THAT THE, THE BOARD IS WAITING ON A RESPONSE FOR? IS IT JUST RELATED TO THE STORM WATER MANAGEMENT OR WERE THERE OTHER QUESTIONS THAT YOU HAVEN'T BEEN ABLE TO ADDRESS YET? YEAH, IT IS, UH, STORM WATER MANAGEMENT AS WELL AS THE RETAINING WALL ASSESSMENT.DO YOU HAVE A TIMELINE ON WHEN YOU'LL BE ABLE TO ASSESS THE RETAINING WALL? UH, I CAN FOLLOW UP WITH THE, THE TOWN TOMORROW.
UM, AS I MENTIONED, WE ARE UNDER CONTRACT WITH THEM.
UH, OUR HOPE IS THAT WE CAN GET THEM ON SITE EARLY NEXT WEEK.
UM, BUT I CAN GIVE A MORE FIRM DATE ON THEIR TURNAROUND TIME FOR THEIR MEMORANDUM, WHICH WILL OUTLINE, UH, THE CONDITION OF THE, THE STORMWATER SYSTEM AS WELL AS THE RETAINING WALL.
UH, THEY, THEY ARE AWARE OF THE, THE TIMING OF THIS AND, UH, IT'S BEEN OUR FULL INTENTION TO EXPEDITE THEIR, UH, VISIT ON SITE AS SOON AS POSSIBLE.
UM, BUT I, I'LL GIVE UPDATES WHEN I GET THEM.
UM, I WOULD BE COMFORTABLE CLOSING THE PUBLIC HEARING AND LEAVING THE RECORD OPEN TO RECEIVE THE, THE ANSWERS ON BOTH THE RETAINING LAW AND THE STORMWATER MANAGEMENT SYSTEM.
BUT I WILL DEFER TO THE BOARD ON IF, IF WE WANNA LEAVE THE HEARING OPEN.
UM, THEN I WILL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING AND KEEP THE RECORD OPEN THROUGH FEBRUARY 11TH OF THIS YEAR, WHICH THAT'S TWO WEEKS, IS THAT RIGHT? THAT'S A WEEK FROM TODAY.
UM, MAYBE WE DO 10 DAYS, I THINK MAYBE 10 DAYS THROUGH THE 13TH.
DO YOU, DO, WOULD YOU EXPECT IF YOU CAN GET THE TEAM OUT THERE NEXT WEEK THAT WE COULD GET SOMETHING IN WRITING, UH, BY NEXT FRIDAY? I, I WOULD AGREE THAT THAT'S A REASONABLE TIMELINE FOR THAT.
WE WOULD LIKE TO BE ABLE TO PROVIDE THAT INFORMATION TO THE BOARD AS WELL AS POST IT TO THE WEBSITE JUST IN CASE MEMBERS OF THE PUBLIC HAVE ANY COMMENTARY THAT THEY WANT TO PROVIDE.
SO THEN I'LL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING AND KEEP THE RECORD OPEN THROUGH FRIDAY, FEBRUARY 13TH, UH, OF THIS YEAR BEFORE THE END OF THE DAY, SO THAT TOWN STAFF CAN OUT BY 5:00 PM 5:00 PM FRIDAY, FEBRUARY 13TH.
NO, NO, EARLIER PM 12:00 PM FRIDAY, FEBRUARY, BECAUSE WE ARE OFF MONDAY, SO THAT KIND OF CUTS IT SHORT ON TIMING, THAT'S WHY.
FRIDAY, MONDAY'S, UH, PRESIDENT'S DAY.
AND WE, UH, LOOK FORWARD TO HEARING, UH, RECEIVING THAT ADDITIONAL INFORMATION.
UH, OUR SECOND PUBLIC HEARING THIS EVENING CASE, UH, PB 25 17 CLEMMER AT 95 ARDSLEY ROAD, UH, WHO IS SEEKING A PLANNING BOARDS STEEP SLOPE PERMIT AND A TREE REMOVAL PERMIT.
UH, DEPUTY COMMISSIONER SCHMIDT, CAN YOU WALK US THROUGH THE APPLICATION FOR THE RECORD? SURE.
SO AS CHAIRPERSON PINE MENTIONED, UH, PROJECT AT 95 ARDSLEY ROAD, PO SCARSDALE, NEW YORK, INVOLVING A PLANNING BOARD STEEP SLOPE PERMIT AND TREE REMOVAL PERMIT APPLICATION RELATED TO THE PROPOSED DEMOLITION OF AN EXISTING GARAGE AND CONSTRUCTION OF A NEW DETACHED GARAGE AND POOL WITH RELATED IMPROVEMENTS.
WE'LL HAVE THE APPLICANT PRESENT THE PROJECT, BUT, UM, THIS BOARD ISSUED A RECOMMENDATION TO THE ZONING BOARD OF APPEALS SOME MONTHS AGO.
THE APPLICANT DID MOVE THROUGH THAT PROCESS WITH THE ZONING BOARD AND ON DECEMBER 18TH, 2025, THE ZONING BOARD, UH, GRANTED AREA VARIANCES RELATED TO THE MAXIMUM WIDTH OF THE DRIVEWAY FROM 30 FEET PERMITTED TO 36.9 FEET APPROVED.
AND TWO, FOR THE HEIGHT OF A, UH, THE PROPOSED ACCESSORY STRUCTURE FROM 12 FEET PERMITTED TO 20 FEET APPROVED.
UM, THE APPLICANT ALSO MADE SOME CHANGES AS PART OF THE PLANNING BOARD'S REVIEW, AND I THINK FOR THE BENEFIT OF OUR NEWER MEMBERS AS WELL AS, UH, FOR THE PUBLIC, IF THE PROJECT TEAM COULD WALK EVERYONE THROUGH THOSE AS WELL.
UH, GOOD EVENING FOR THE RECORD.
ROB F FRAN, ENGINEERING LICENSED PROFESSIONAL ENGINEER IN THE STATE OF NEW YORK, REPRESENTING ANDY KLEMMER.
UM, I HAVE UP ON THE SCREEN NOW.
[00:55:01]
THE LANDSCAPING PLAN, UH, IT'S DEFINITELY MORE COLORFUL THAN AN ENGINEER'S DRAWING.UM, SO WHAT WE'RE HERE FOR, UH, UH, IS DEMOLITION OF THE EXISTING DETACHED GARAGE, UH, CONSTRUCTION OF A NEW DETACHED GARAGE, A POOL PATIO, AND ASSOCIATED SITE GRADING AND DRAINAGE.
UM, AS PART OF THIS PROJECT, WE HAD TO GET A, WE HAVE TO GET A, UH, TREE REMOVAL PERMIT.
UH, 'CAUSE SOME OF THE TREES HAVE TO COME OUT, THE POOLS GOING AND, AND, UH, OTHER AREAS, SEVEN TREES ARE COMING OUT.
WE ARE REPLACING THOSE WITH 11 TREES.
THAT WAS PART OF THE WORK SESSION.
UM, THERE WERE SOME REQUESTS FOR, UH, THE VARIOUS SPECIES.
AND SO WE'RE REPLACING WITH A MIXTURE OF MAPLES, CHERRY DOGWOOD, AND HO BEAM.
UM, AND ALL OF THAT IS ON THE, THE, THE TREE PLANTING PLAN.
UM, THE STORMWATER DETENTION SYSTEM.
SO RIGHT NOW, THIS HOUSE WAS BUILT IN 1865, UH, AND THE EXISTING DRIVEWAY JUST GOES STRAIGHT UP TO ARDSLEY ROAD AND THERE WAS NO STORMWATER DETENTION ON ANY IMPERVIOUS SURFACE.
UH, BUT A PORTION OF THE SITE FLOWS TO THE SOUTHEAST TOWARDS ADJACENT PARCELS.
AGAIN, ALL OF THIS RUNOFF WAS UNCONTROLLED.
UM, AS PART OF THIS PROJECT, WHAT WE HAVE COME UP WITH, AND I JUST WANNA MAKE SURE, DID YOUR SCREEN CHANGE TO MY YES.
COLORLESS ENGINEER'S PLAN? YES, THANK YOU.
UM, SO AS PART OF THIS, UH, WE'RE GONNA TAKE RUNOFF FROM PORTIONS OF THE EXISTING DRIVEWAY, UH, AND DETAINED THAT IN STORMWATER DETENTION SYSTEM IN THE FRONT YARD, UM, AS WELL AS RUNOFF THAT'S COMING OFF OF SOME OF THIS EXISTING PATIOS.
UH, THE PROPOSED GARAGE, RIGHT NOW, THE DETACHED GARAGE HAS NO STORMWATER DETENTION.
THE NEW PROPOSED DETACHED GARAGE WILL HAVE STORMWATER DETENTION.
UH, SIMILARLY THE POOL PATIO, UH, RUNOFF FROM THAT WILL ALSO BE DETAINED IN SUBSURFACE INFILTRATORS.
UM, ORIGINALLY OUR DESIGN WAS FOR THE 25 YEAR, UH, 24 HOUR STORM, WHICH IS THE TOWN, UH, STANDARD.
WE SINCE UPSIZED THAT TO ADDRESS THE 50 YEAR, 24 HOUR STORM, AS WELL AS THE WATER QUALITY VOLUME.
WATER QUALITY VOLUME IS ALREADY IN THERE.
UH, BUT WE UPSIZED IT TO A 50 YEAR DESIGN.
UM, THAT'S 7.6 INCHES OF RAIN IN A 24 HOUR PERIOD, UH, FOR A 50 YEAR VERSUS 6.4, UH, FOR FOR 25.
SO WE DEFINITELY ARE DETAINING, YOU KNOW, NOT ONLY THE RUNOFF THAT WE'RE REQUIRED TO DETAIN FOR THE NEW INCREASE IMPERVIOUS SURFACES, BUT RUNOFF FROM, UH, SOME OF THE EXISTING IMPERVIOUS SURFACES THAT ARE NOW BEING
UM, WE'VE, UH, RECEIVED THE VARIANCES, UH, AS STATED EARLIER, UM, FOR THE DRIVEWAY WIDTH AND THE BUILDING HEIGHT FOR THE DETACHED GARAGE, UM, I PREPARED A NARRATIVE AS PART OF THIS APPLICATION THAT SHOWS HOW THIS PROJECT COMPLIES WITH SECTION 2 45 DASH TWO OF THE TOWN CODE.
FOR THE SAKE OF EVERYBODY'S TIME, I'M NOT GOING TO REGURGITATE THAT TONIGHT.
UH, IT'S ALL PART OF THE RECORD.
UM, THIS PROJECT WAS CONSIDERED A MINOR PROJECT PER SECTION 2 48 DASH EIGHT OF THE TOWN CODE.
UM, SO WE'VE ADDRESSED THE STORMWATER QUALITY, THE TREE PLANTING, UH, SEDIMENT EROSION CONTROLS, AND THAT'S REALLY ALL I HAVE TO PRESENT AND I'M HERE TO ANSWER ANY QUESTIONS SHOULD YOU HAVE THEM.
ARE THERE ANY QUESTIONS FROM THE BOARD? UM, I ALSO JUST WANNA CONFIRM, I I REMEMBER DURING THE, THE WORK SESSION THERE BEING QUESTIONS ABOUT THE, THE PROTECTION FOR THE, FOR THE POOL, BOTH THE FENCES AND, UM, I THINK MR. PINE BROUGHT UP THE QUESTION ABOUT WHETHER THERE WAS A SPECIFIC TYPE OF COVER YEAH.
IF THERE'S GONNA BE TRACTABLE COVER OR WHAT, UM, WHAT SAFETY MECHANISM ME, WHAT SAFETY MECHANISMS WOULD BE ASSOCIATED WITH THE POOL.
WELL, WE DO SHOW A, UM, ON THIS TREE PLAN, UM, CAN YOU SEE MY CURSOR MOVING AROUND? CAN YOU ZOOM IN A BIT A LITTLE BIT? IF YOU COULD ZOOM IN, THAT'D BE HELPFUL.
UM, THE SITE PLAN, UH, DOESN'T LIKE TO RENDER AND DEAL WITH ZOOM AT THE SAME TIME.
I GUESS I NEED A FASTER PROCESSOR.
UH, WE'RE SHOWING THE 48 INCH, UH, POOL CODE COMPLIANT FENCE GOING PROPERTY.
UM, THE POOL ITSELF IS A, IS A, IS A, UM, UH, INFINITY EDGE POOL.
TAKING ADVANTAGE OF THE GRADE CHANGE.
UH, SO THAT TROUGH WOULDN'T BE ABLE TO HAVE A COVER, SO.
UM, AND, AND FOR, FOR OUR, OUR NEWER MEMBERS, I KNOW, I THINK IT WAS ALSO DURING THE WORK SESSION, UH, MS. ANDERSON REQUESTED ADDITIONAL STORM WATER
[01:00:01]
RETENTION, UH, SYSTEMS AND I, I BELIEVE THOSE WERE INCLUDED IN, IN A REVISED PLAN.COULD YOU JUST WALK US THROUGH WHAT ADDITIONAL STORM WATER MANAGEMENT, UM, WILL BE FEATURED ON THE SITE? SURE.
UM, LEMME GO BACK TO MY COLORLESS DRAWING
AND SO THE, UM, THE, THE POOL PATIO IS VERY SMALL.
SO THE SYSTEM THAT WE HAD DESIGNED FOR THAT WAS MORE THAN SUFFICIENT TO HANDLE THE 50 YEAR STORM IN ADDITION TO THE 25.
UH, BUT WHAT REALLY WHAT WE DID WAS WE BUMPED UP THE CALEX IN THE FRONT YARD.
UM, I THINK WE HAD ORIGINALLY HAD 12, AND I BUMPED THOSE UP TO 16.
UH, THAT WAS, BECAUSE IF THAT'S TAKING A LOT MORE RUNOFF, IT'S TAKING THIS DRIVEWAY, IT'S TAKING THE GARAGE.
SO IT WAS JUST A QUESTION OF ADDING, UH, MORE DRYWALLS.
AND, AND, AND WE'RE GRATEFUL FOR, UM, THE APPLICANT, UH, INCREASING THAT SYSTEM.
UM, ANY OTHER QUESTIONS FROM THE BOARD? I JUST HAVE ONE QUESTION.
UM, YOU'RE GOING TO BRING IN 82, UH, CUBIC YARDS OF IMPORTED FILL, UM, RIGHT.
I ASSUME IT'S GONNA BE SANITARY LANDFILL.
WILL IT BE TESTED? IT'S NOT A TREMENDOUS AMOUNT, BUT IT'LL, IT'LL BE CLEAN FILL AND IT'S MOSTLY ASSOCIATED WITH THE, UM, THE FILL THAT WE NEED TO DO FOR THE CALTECH UNITS, UH, FOR THE POOL PATIO.
THAT'S WHAT THE MAJORITY OF IT IS BECAUSE WE'RE REALLY NOT PROPOSING MUCH GRADING, UH, IN AND AROUND THE DRIVEWAY.
UM, AND, AND AGAIN, SOME OF THE FILL THAT'S BROUGHT IN FOR THE CALTECH, SO IT'LL BE, YOU KNOW, CLEAN FILL, A LOT OF IT'S GONNA BE TOP SOIL, UH, SO THAT WE CAN THEN BE VEGETATE.
AND, UH, I GUESS THIS IS A QUESTION FOR STAFF.
WHAT, WHAT SYSTEMS, UH, EXIST INTERNALLY WITHIN STAFF TO REVIEW IMPORTED FILL? SO A FILL PERMIT IS IN, TRIGGERED A FILL PERMIT, RUNS THROUGH THE TOWN ENGINEER MM-HMM
BUT IT IS NOT TRIGGERED UNTIL 100 CUBIC YARDS.
SO IT WAS A GOOD QUESTION FROM MR. PILLINGER TO THE APPLICANT, SPECIFICALLY IN THIS CASE, SINCE IT'S 80, THE FILL IS NOT, YOU KNOW, IT'S LESS THAN THAT, WHICH FALLS UNDER THE FILL PERMIT REQUIREMENTS.
ANY OTHER QUESTIONS FROM THE BOARD? NO.
ALL RIGHT, THEN I WILL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.
UM, IS THERE ANYONE IN THE PUBLIC THAT WISHES TO SPEAK? ANYONE ON ZOOM THAT WISHES TO SPEAK? OKAY, I JUST HAD ONE OTHER COMMENT BEFORE.
JUST WANTED TO ALERT THE BOARD THAT, UM, THE EXISTING GARAGE, AS I UNDERSTAND IT, IS A SEA CATALOG GARAGE.
UM, THEREFORE IT IS BEING AND CURRENTLY IS UNDER REVIEW BY THE HISTORIC AND LANDMARKS PRESERVATION BOARD.
THE APPLICANT HAS SUBMIT, SUBMITTED A FULL PACKAGE TO THE HISTORIC AND LANDMARKS PRESERVATION BOARD AND WILL BE REVIEWING THIS AND DISCUSSING IT WITH THE BOARD, I BELIEVE NEXT TUESDAY, FEBRUARY 10TH.
SO, UM, IF THERE'S ANY UPDATE AHEAD OF THIS BOARD, YOU KNOW, RENDERING ANY DECISION ON THE PROJECT, I WILL REPORT THAT BACK.
BUT, UM, IN THIS CASE, IT BEING A STEEP SLOPE PERMIT, UM, IF THERE WERE ANY RECOMMENDATIONS MADE BY THE HISTORIC BOARD, THOSE WOULD GET FORWARDED TO THE BUILDING INSPECTOR'S OFFICE, RIGHT? MM-HMM
AND FOR THOSE WHO WANNA PARTICIPATE IN THAT MEETING, WHEN AND WHERE WILL IT BE? UH, IT WILL BE NEXT TUESDAY EVENING, FEBRUARY 10TH, BEGINNING AT 7:00 PM HELD HERE AT TOWN HALL IN THE LEE F JACKSON CONFERENCE ROOM WILL ALSO BE AVAILABLE IN FLORIDA.
UH, ONE OF OUR MEMBERS WILL BE IN FLORIDA AND HAS POSTED HER ADDRESS THAT WILL BE AVAILABLE ON THE AGENDA IF YOU VISIT OUR WEBSITE.
UH, ANY OTHER QUESTIONS? ALRIGHT, THEN I WILL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING AND KEEP THE WRITTEN RECORD OPEN THROUGH FEBRUARY 11TH, UH, WHICH IS A WEDNESDAY.
AND I WILL, AND, AND I WILL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING SESSION OF THIS MEETING.
[01:05:01]
NEW BUSINESS.UH, MOVE INTO IT UNLESS YOU GUYS NEED A, OH, DO WE WANT A BREAK? HOW ARE WE FEELING? CLOSE THE PUBLIC HEARING WE DID COMPONENT DID OKAY.
UM, 'CAUSE THIS MAY BE SOMEWHAT LENGTHY DISCUSSION.
I JUST WANTED TO MAKE YOU WANNA TAKE FIVE MINUTES.
LET'S TAKE A, A FIVE MINUTE RECESS TO EIGHT 13.
ALRIGHT, WELCOME BACK EVERYONE.
UH, IT IS STILL WEDNESDAY, FEBRUARY 4TH, 2026 AND IT'S STILL THE PLANNING BOARD MEETING
UH, LAST ON OUR AGENDA, WE HAVE A WORK SESSION FOR CASE PB 25 0 5 2 0 5, 2 0 7.
SO RIVER ROAD, UH, PO ELMSFORD, NEW YORK, WHO IS SEEKING A AMENDED SITE PLAN AND LANDSCAPE BUFFER WAIVERS.
UH, DEPUTY COMMISSIONER SCHMIDT, DO YOU WANNA WALK US THROUGH THE APPLICATION? YES.
SO AS CHAIRPERSON PINE INDICATED, UH, THIS IS AN ADDITION.
THIS CHAIRPERSON, PINE INDICATED THIS IS AN INITIAL WORK SESSION WITH THE PLANNING BOARD FOR A PROJECT AT 2 0 5 DASH 2 0 7 SAWMILL RIVER ROAD, PO ELMSFORD, NEW YORK FOR AN AMENDED SITE PLAN AND LANDSCAPE BUFFER WAIVERS REQUEST.
UH, THIS IS RELATED TO THE REAVING OF AN EXISTING PARKING AREA ON THE SITE TO AN ASPHALT SURFACE.
AS INDICATED IN THE AGENDA, THE SITE WHICH CURRENTLY DOES NOT HAVE AN APPROVED SITE PLAN ON FILE IS AN APPROVED WITH AN EXISTING MULTIFAMILY AND COMMERCIAL MIXED USE BUILDING.
THE APPLICANT IS PROPOSING FACADE AND INTERIOR RENOVATIONS TO THE BUILDING.
NINE OFF STREET PARKING SPACES EXIST ON THE SITE AND ARE PROPOSED TO REMAIN AFTER THE PAVING WORK.
THE PROPERTY IS SITUATED WITHIN THE 100 YEAR FLOODPLAIN AND A FLOODPLAIN DEVELOPMENT PERMIT MAY BE DEEMED NECESSARY BY THE TOWN ENGINEER.
THE SITE IS ENTIRELY COVERED IN IMPERVIOUS SURFACES.
UM, THE BUILDING INSPECTOR DE THE DEPUTY BUILDING INSPECTOR REVIEWED THE APPLICANT'S PROPOSAL AND IDENTIFIED THAT THERE ARE A NUMBER OF AREA VARIANCES REQUIRED IN CONNECTION WITH THE PROJECT, INCLUDING IMPERVIOUS SURFACE COVERAGE.
UM, MINIMUM DISTANCE BETWEEN PARKING LOT AND PRINCIPAL BUILDING MINIMUM DISTANCE FROM NORTH SIDE PROPERTY LINE TO OFF STREET PARKING, MINIMUM DISTANCE FROM SOUTH SIDE PROPERTY LINE TO OFF STREET PARKING, MINIMUM DISTANCE FROM REAR YARD PROPERTY LINE TO OFF STREET PARKING, INCREASING A NON-CONFORMING STRUCTURE IN THIS CASE, THE PARKING LOT SO AS TO INCREASE, UM, SUCH CONFORMANCE, UH, NON-CONFORMANCE.
AND LET'S SEE, INCREASING A NON-CONFORMING MULTI-FAMILY RESIDENCE WHERE ONLY A ONE FAMILY RESIDENTIAL USE IS PERMITTED.
UM, UH, BY EXPANDING ONE OF THE SECOND FLOOR APARTMENTS INTO ONE OF THE VACANT FIRST FLOOR COMMERCIAL SPACES.
UM, THE DEPUTY BUILDING INSPECTOR ALSO IDENTIFIED THAT LANDSCAPE BUFFER WAIVERS OF 10 FEET, ESSENTIALLY FROM 10 FEET REQUIRED TO ZERO PROPOSED, IS REQUIRED FOR ALL SIDES AND MAY BE ISSUED BY THE PLANNING BOARD.
OTHERWISE, AREA VARIANCES WOULD BE REQUIRED IN CONNECTION WITH THOSE.
I WILL NOTE THAT, UM, MUCH IF NOT ALL OF THIS, UH, PRESENTS AS EXISTING CONDITIONS ON THE SITE, I'M GONNA TURN THINGS OVER TO THE APPLICANT, UM, TO FURTHER PROVIDE INFORMATION ON THE SITE AND ANSWER ANY QUESTIONS THE BOARD MEMBERS MAY HAVE.
AND JUST STATE YOUR NAME AND AFFILIATION FOR THE RECORD.
UH, GOOD EVENING, EH, MEMBER FOR THE BOARD.
I AM REGISTERED ARCHITECT, THE STATE OF NEW YORK, UH, REPRESENTING MY CLIENTS THAT ARE HERE IN THIS STAGE.
EH, EH, I WOULD LIKE TO, BEFORE WE START TALKING ABOUT NUMBERS, EH, I WOULD LIKE TO REFER THE STAFF THE ENTIRE STORY ABOUT THAT, THAT BUILDING.
UNFORTUNATELY, THIS BUILDING IS A NONCONFORMING IN, IN SEVERAL WAYS, NOT ONLY THE SIZE OF THE LAW, BECAUSE THIS IS A, A MULTIFAMILY RESIDENTIAL BUILDING IN A INDUSTRIAL LIGHT, EH, DISTRICT, MEANING THAT THE INDUSTRIAL LIGHT, MINIMUM SIZE OF THE LOT IS 20,000.
AND WE ARE TALKING ABOUT, UH, PROPERTY WITH, FOR ALMOST 5,000 SQUARE FOOT, UH, A LOT.
[01:10:01]
UH, IT IS NONCONFORMING BECAUSE, YOU KNOW, IT'S INDUSTRIAL LIGHT, AND WE HAVE A MULTIFAMILY RESIDENTIAL.THERE IS A NONCONFORMING LOT BECAUSE OF THE SIZE.
IT'S NONCONFORMING, BECAUSE OF THE SIZE YARD.
THE BUILDING, EXISTING BUILDING DOESN'T HAVE ANY COMPLYING WITH THE CODE.
SO BASICALLY WE ARE IN A VERY, VERY TOUGH POSITION, EH, OF THAT BUILDING.
UH, EH, BUT WHAT IS THE IDEA? WHAT IS, UM, MY CLIENT'S GOAL? MY CLIENT'S GOAL IS TO IMPROVE THIS BUILDING IN ORDER TO IMPROVE THIS BUILDING.
AND, AND IN, IN CONJUNCTION WITH THE BUILDING DEPARTMENT, THE BUILDING WAS VACANT, EH, ALMOST ONE YEAR IN NOVEMBER 24, 24, IN NOVEMBER, OCTOBER 24.
AND THE BUILDING IS VACANCIES THEN.
UH, BECAUSE, BECAUSE THE, THE SITUATION OF THAT, ESPECIALLY BASEMENT, THE BASEMENT BEING IN, UH, FLOOD ZONE, UH, IN THE, IN THE FLOW TIME.
SO ALWAYS THE BASEMENT IS COMPLETELY, UH, FULL OF WATER BECAUSE RAIN IN THE, IN THE, SO FLOOR IS, IS, IS VERY COMPLICATED TO HANDLE.
UH, BUT MY CLIENTS ARE TRYING TO IMPROVE THIS BUILDING.
THAT'S WHY WE MAKE AN APPLICATION TO IMPROVE THE BUILDING INSIDE.
UH, ONE OF THE, I WOULD SAY THE, THE MAIN GOAL IS TO TRY TO AVOID ANY CRITICAL DAMAGE OF THE ELECTRICAL, GAS, OR PLUMBING.
AND THAT'S WHY PART OF THE APPLICATION WAS TO MOVE EVERY UTILITY FROM THE BASEMENT IN ORDER TO PUT IT ON THE FIRST FLOOR.
AND WE ARE RENOVATED THE ENTIRE BUILDING, INCLUDING INTEGRAL EXTERIOR.
BUT BY THE TIME WE START WORKING ON THAT, SO MY CLIENTS WANTED TO REPAY THE EXISTING DRIVEWAY THAT WAS APPROVED.
WHAT WAS GRANTED IN 1983, IF YOU SEE THERE ARE, THERE IS A DOCUMENT SHOWING THAT THE BUILDING, THE PARKING LOT WAS GRANTED FOR NINE PARKING SPACES IN THE, IN THE BUILDING.
SO, UH, GETTING THAT INFORMATION FROM THE BUILDING DEPARTMENT AND THE CURRENT SITUATION.
SO THAT'S WHY WE ARE TRYING TO, UM, MAKE THE APPLICATION FOR, FIRST OF ALL, TO REPAY, MAKE, UH, BLACKTOP OVER THE EXISTING, UH, DRIVEWAY AND KEEP THE NINE SPACES.
UH, ALL ASPECT, UH, UH, IN REFERENCE TO THE NON-CONFORMING IS THE, THE MULTIFAMILY HAS TWO COMMERCIAL SPACES ON THE FIRST FLOOR.
THOSE TWO COMMERCIAL SPACES ARE, THEY CAN MORE THAN PRACTICALLY SINCE THEY BOUGHT THE PROPERTY LIKE EIGHT YEARS AGO, BECAUSE UNFORTUNATELY, BECAUSE OF THE NON-CONFORMITY, THEY CAN'T DO ANYTHING
BASICALLY, BASICALLY THEY CAN, WE TRIED TO FIGURE THE BEST POSSIBILITY TO USE THE COMMERCIAL SPACE, AND IT WAS COMPLETELY, UH, COMPLETELY, I WOULD SAY COMPLETELY IMPOSSIBLE.
IT, IT'S GOTTA BE IMPOSSIBLE TO GET SOMEBODY TO RENT THAT, THAT, THAT, THAT SPACE.
UH, THAT'S WHY ONE OF THE, THE IDEAS THAT WE HAD WAS, EVEN THOUGH WE HAVE, UH, MULTI-FAMILY RESIDENTIAL BUILDING, MAYBE WE CAN USE ONE OF THE SPACES, UH, AS A PART OF THE, ONE OF THE APARTMENT, THE SECOND FLOOR APARTMENT, AND MAKE A DUPLEX APARTMENT, UH, IN ORDER TO AT LEAST USE PART OF THE, OF THE FIRST FLOOR, UM, BUILDING.
AND THE OTHER ONE, BECAUSE MY CLIENT IS OWNER OF THE NEXT DOOR PROPERTY, THE RESTAURANT, THEY ARE GOING TO USE MEANTIME, THE, THE SPACE FOR A STORAGE OR STORAGE FOR THE RESTAURANT.
SO THAT'S WHY THIS IS ANOTHER, ANOTHER SITUATION THAT HAPPENED.
SO WE ARE PROPOSING TO USE ONE OF THE COMMERCIAL SPACES ON THE PART OF THE RESIDENTIAL, RESIDENTIAL AREA.
UH, IF YOU SEE THE, THE ZONING, THE ZONING REGULATION AND BEING, UH, NONCONFORMING, YOU SEE THERE IN, IN THE, IN THE, IN THE CHART, EH, BASICALLY BECAUSE THE LOCATION OF THE BUILDING, EH, IN REFERENCE TO THE LOT WE ARE, WE HAVE PRACTICALLY NON-CONFORMING EVERYTHING, REAR JAR, REAR JAR, AND SET BACK, UH, FRONT YARD.
SO THAT'S WHY BY THE TIME WE REQUEST TO REPAVE THE, THE, THE EXISTING PARKING LOT.
SO, EH, WE HAVE TO PROVIDE SETBACKS.
BUT IF YOU SEE THE SETBACKS FOR THE COMMERCIAL LIGHT, LET'S SAY, EH, THE SIDE YARDS, THE TOTAL WILL BE 100.
THE TOTAL TWO SIDE YARDS, THE PROPERTY FRONT YARD IS, UH, THE PROPERTY WITH IS 50.
SO BASICALLY WE CAN'T PROVIDE ANY, ANY
[01:15:01]
COMPLIANT WITH THE SETBACKS BECAUSE, BECAUSE OF THE LOT, IN 20,000, YOU MIGHT USE SPACES IN ORDER TO HAVE SOME SETBACKS.BUT IN THIS CASE, EH, NO SIDE YARD, WE CAN PROVIDE IT BECAUSE OF THE SIZE OF THE LOT, NO BACKYARD AND NO FRONT YARD.
SO THAT'S WHY IF YOU SEE THE, THE, THE VARIANCES IS, UH, MULTIPLE VARIANCES, BUT MULTIPLE VARIANCES BECAUSE THE SIZE OF THE LOT AND THE NON-CONFORMING, THE NON-CONFORMING LOT.
UM, THE OTHER ASPECT THAT I WOULD LIKE TO, TO REFER IS MAYBE BECAUSE THEY IN A, IN A, IN A FLOOD ZONE, SO WE CAN'T DO ANYTHING IN THE BACK.
SO THE ONLY THING THAT WE DID WAS, AS I MENTIONED BEFORE, IS TO MOVE ALL OF THE UTILITIES ON THE BASEMENT IN ORDER TO PREVENT ANY, ANY PROBLEM WITH FLOOD.
SO LET'S SAY WE TRY TO, TO PROVIDE SOME SYSTEM, UH, THE WATER SYSTEM TO GUARD ALL OF THE FLOOD.
UH, TALKING TO MY ENGINEER AND WE WENT TO THE, THE SITE.
BASICALLY THERE IS NO ANY POSSIBILITY TO IMPROVE WITH FLOOD PLAN TO THE, THE PROPERTY.
UH, IF YOU SEE LE LET'S SEE IF WE CAN, WE CAN GO TO, IN THE PAPERWORK.
I HAVE LIKE A AERIAL AREA IN THE PAPERWORK IN THE OTHER, THE, OH, LET ME SEE IF I HAVE THAT.
IT'S ALSO IN THE STAFF REPORT.
THAT, THAT THERE IS, THERE IS THAT I, I, I WOULD LIKE TO, TO TALK ABOUT THIS.
THIS IMAGE OF THE, OF THE PROPERTY AND THE, AND THE NEXT, NOT NEXT DOOR NEIGHBORS.
SO AS YOU SEE IN BEING INDUSTRIAL LIGHT, IN THIS MULTIFAMILY BUILDING, SO THE NEIGHBORS ARE MOSTLY, EH, INDUSTRIAL LIGHT PARKING SPACES, UH, GARAGE.
UH, AND THERE IS NO ANY OTHER, EXCEPT FOR THE SPACE THAT THEY HAVE ALREADY IN THE RESTAURANT, ESPECIALLY IN THE BACK, AS YOU SEE YOU, YOU CAN SEE SEVERAL, SEVERAL CARS, PARKING, THERE, THERE IS NO ANY, ANY DEVELOPMENT ON THE, IN THE AREA.
AND BASICALLY, UH, I WILL SAY THAT BECAUSE OF THE FLOOD, UH, AREA, SO NOBODY'S USING THIS ONE.
SO USING JUST FOR PARKING, JUST JUST FOR STORAGE CARS OR, OR CAR IS, UH, IS A VERY, VERY BAD, BAD AREA, UH, TO TRY TO IMPROVE SOMETHING, EH, FOR THE BUILDING.
BUT BESIDES THAT, SO MY CLIENTS, THE GOAL IS TO TRY TO KEEP THE SPACE IN A VERY GOOD CONDITION, EH, HAVE THE TENANTS, UH, AND SPACE FOR PARKING.
THAT'S WHY WE ARE TRYING TO KEEP THE SAME NUMBER OF PARKING, WHICH IS SEVEN UNITS.
AND, UH, AND, AND, YOU KNOW, SO IT'S, IT'S THAT, UM, I DON'T KNOW IF YOU WANNA SEE.
I DON'T, I DON'T THINK THAT IT'S VERY IMPORTANT TO SEE WHAT IS GOING, WHAT IS DOING, WHAT WE ARE DOING INSIDE THE HOUSE, BECAUSE, YOU KNOW, IT'S A PRACTICALLY MAJOR RENOVATION.
WE ARE, UH, IMPROVING THE ENTIRE APARTMENTS, EH, CLOSING THE BASEMENT, EH, THE FACADE WE MADE, EH, WE PUT SIDING, EH, THE ONLY THING THAT WE ARE WAITING FOR, FOR APPROVAL IS TO IMPROVE THE PARKING AREA.
UH, THE LAST, THE LAST, UH, THE LAST THING THAT I WANNA SHOW YOU IS THE, THE, THE VARIANCE THAT WAS GRANTED IN 2000 IN 1983 IS PAGE 20, THE LAST PAGE.
I THINK THAT ONE, THAT MM-HMM
IF YOU SEE IN 1983, EH, THE ZONING BOARD APPEAL FOR THE TOWN OF GREENBURG, EH, GAVE THE GRANT OF ANCE ALLOWING US TO PARK, UH, NINE, NINE PARKING SPACES.
AND THAT'S WHY WE ARE TRYING TO KEEP THE, THE NINE, THE NINE, THE, THE NINE, UH, PARKING SPACES.
UH, MY UNDERSTANDING IS THAT IF, IF THE, IF THE VARIANCE WAS GRANTED AT THAT TIME, WE KEEP IT BECAUSE THE, THE OWNERS SINCE
[01:20:01]
THEN ARE USING THE SPACE FOR A PARKING FOR THE UNITED SPACES OR EVEN LESS OF THAT.BUT THEY ARE OF THAT, BUT THEY ARE USING THE SPACE, UH, FIRST DEPUTY TOWN ATTORNEY, MAGNA.
WOULD THE CHANGE OF USE EXPANDING THE, THE, THE APARTMENT PORTION OF THE BUILDING, WOULD THAT IMPACT THE, THE PARKING VARIANCE? I WOULD DEFER WHAT BUILDING HAS PUT IN THEIR MEMO.
UM, UH, I WILL SAY THAT THE, THE IMPACT IS GOTTA BE LESS THAN IT WILL BE COMMERCIAL.
AND THAT'S WHY THERE ISN'T A VARIANCE, YOU KNOW? GOT IT.
FOR OFF STREET PARKING REQUIRED IN INJUNCTION WITH THE PROPOSAL.
I THINK I RECALL YOU, YOU'VE DONE SOME WORK ON THE, LIKE YOU CAME IN, GOT BUILDING PERMITS TO DO SOME OF THE WORK ON THE EXTERNAL PORTION ALREADY IN EXTERNAL, JUST SIDING.
I, I HEARD, UH, BUILDING DEPARTMENT WAS VERY HAPPY WITH WHAT'S PROGRESSED AND OH, WE ARE VERY EXCITED ABOUT IT.
NEEDED THE MOST RECENT VERSION OF PLANS.
NEED TO GO AHEAD WITH THE REST.
SO THE REST OF THE PAPERWORK IS DONE.
SO, EH, JUST TO, TO LET YOU KNOW, SO WE DID THE, THE WETLANDS AND CLARENCE, WE DID THE BUILDING DEPARTMENT.
EVEN WE MAKE THE APPLICATION FOR SONY BOARD.
THE SONY BOARD IS READY TO GO.
EH, I SPEND, IT'S LIKE, UH, ALMOST MORE AND A HALF TO PREPARE THE ENTIRE PAPERWORK FOR THE ZONING BOARD, EH, BUT UNFORTUNATELY, BY THE TIME THAT THEY SAID EVERYTHING IS READY TO GO, THE, THE INSPECTOR WAS TOLD THAT WE HAVE TO GO FIRST FOR THE, FOR THE PLANNING BOARD BEFORE WE GO TO THE SONY.
BUT THE SONY APPLICATION IS DONE, UH, UH, EVERYTHING IS READY TO PRESENT FOR THE VARIANCE, AND, UH, WE ARE READY TO GO.
RIGHT? SO, AS I EXPLAINED TO, UH, THE APPLICANTS AND THEIR REPRESENTATIVE FROM A PROCEDURAL STANDPOINT, UM, YOU KNOW, THE PLANNING BOARD, OBVIOUSLY TONIGHT CAN ASK ANY, YOU KNOW, INITIAL QUESTIONS THAT IT HAS, UH, FOR THE APPLICANT AND THEIR REPRESENTATIVE.
BUT ULTIMATELY, THE PLANNING BOARD WILL WORK TO A POINT WHERE IT'S READY TO ISSUE A RECOMMENDATION TO THE ZONING BOARD ON THE, THE VARIANCES THAT I HAD IDENTIFIED EARLIER.
THEN THE APPLICANT BEFORE HAVING A PUBLIC HEARING WITH THE PLANNING BOARD, WILL WORK TO OBTAIN THOSE VARIANCES THROUGH THE ZONING BOARD OF APPEALS.
UM, IN ALL LIKELIHOOD, THEY MAY BE ON FOR THE MARCH ZONING BOARD MEETING.
SO WE HAVE A LITTLE BIT OF TIME BETWEEN NOW AND THEN WE WILL COME TO A POINT WHERE THE BOARD'S COMFORTABLE MAKING A RECOMMENDATION, AND THEN THEY WILL WORK THROUGH THE ZONING BOARD.
AND IF THEY OBTAIN THOSE VARIANCES, THEN THEY WOULD COME BACK TO THIS BOARD FOR A PUBLIC HEARING ON THE AMENDED SITE PLAN.
AND JUST TO GO BACK TO THE PARKING, SO IT'S TWO SPACES PER RESIDENTIAL UNIT.
AND THERE WOULD BE HOW MANY, HOW MANY PROPOSED RESIDENTIAL UNITS? UH, WE, WE, WE HAVE 3 3, 3, 3.
AND THEN THERE'D BE ONE SPOT REMAINING.
AND, AND HOW MANY COMMERCIAL? SO THERE'S THREE COMMERCIAL, OR TWO COMMERCIAL, TWO COMMERCIALS THAT ONE OF THEM IS GONNA BECOME RESIDENTIAL, PART OF THE, ONE OF THE APARTMENTS SECOND FLOOR.
AND WE ARE GONNA HAVE A STORAGE.
YEAH, THREE RESIDENTIAL, TWO SPOTS EACH ONE REMAINING COMMERCIAL STOREFRONT.
UM, AND, AND SO AARON, JUST TO EXPAND ON WHAT YOU WERE JUST WALKING THROUGH, SO IT'S NOW FEBRUARY 4TH.
UM, IF WE, IF WE WERE TO HAVE ANOTHER WORK SESSION ON FEBRUARY 18TH, AND AT THAT POINT, DIRECT STAFF TO MAKE RECOMMENDATIONS OR, OR TO WRITE A DRAFT RECOMMENDATIONS TO THE ZBA, THOSE CAN BE CONSIDERED AT THE MARCH 4TH PLANNING BOARD MEETING, WHICH WOULD STILL BE ENOUGH TIME, UM, MAYBE POTENTIALLY EVEN AT THE MARCH 18TH MEETING.
AND THAT WOULD STILL BE IN TIME FOR THE ZBA, WHICH I BELIEVE IS MEETING ON THE 19TH NEXT MONTH.
SO WE HAVE, WE HAVE THREE MEETINGS BETWEEN NOW AND THE MARCH CB, A MEETING.
ARE THERE ANY INITIAL QUESTIONS FROM THE BOARD, MS. ROBINSON? YES.
SO, UM, YOU ANTICIPATE PAVING THE DRIVEWAY.
WILL THERE BE ANY IMPROVEMENTS TO THE SIDEWALK TO, UM, MY CONCERN IS WATER FLOW, AS YOU MENTIONED.
UM, IN THE PICTURES YOU CAN SEE THE STANDING WATER, WILL YOU BE REPAIRING THE SIDEWALK IN FRONT OF THE PROPERTY? I KNOW THAT IS ALSO AN ACTIVE BUS STOP WHERE PEDESTRIANS FREQUENTLY USE IT.
SO WHAT WOULD YOU BE DOING AS FAR AS THE
[01:25:01]
SIDEWALK? UH, SO BASICALLY WE ARE GOING TO REPAIR THE CONCRETE AND THE CONCRETE SLAB IN ORDER TO MAKE MORE WORKABLE THAT AREA.BUT WE HAVE TO CONNECT IT TO THE REST OF THE OTHER PROPERTIES NEXT, NEXT DOOR.
SO IN THAT CASE, WHAT WE WILL SEE, BUT BASICALLY ON FRONT OF THE PROPERTY AND A VI IS TO IMPROVE THE ENTIRE, UM, UH, CONCRETE PLANTS ON THE SIDEWALK, BUT IT'S VERY CLOSE BY THE, BY THE STREET.
SAY THAT ONE MORE TIME, I'M SORRY.
UH, SO WE ARE GOING TO IMPROVE OR REPAIR PART OF THE SIDEWALK, UH, IN FRONT OF THE BUILDING IN ORDER TO MAKE THE, THE ENTRANCE MORE WALKABLE BECAUSE THERE ARE SO MANY, UM, UH, RACK, UH, CRACKS AND, UH, CONCRETE.
AND SO THE IDEA IS TO, TO REPAIR THAT AREA.
UM, AND THEN ALSO YOU, UM, YOU MENTIONED THAT THERE'S NO ROOM FOR LANDSCAPING AS AN EXAMPLE.
WOULD YOU, WOULD YOU THINK ABOUT PUTTING, UM, SOME SHRUBBERY IN THE BACK WHERE THE PARKING IS? UM, I WOULD SAY NO.
THE REASON WHY, IT'S BECAUSE IT'S, UH, WASTED, WASTED SPACE, UH, WASTE TIME AND MONEY WHEN THE FOOD IS COMING.
SO YOU WON'T SEE, YOU WILL LOSE EVERYTHING.
SO PRACTICALLY, ONE OF THE THING THAT WE ARE TRYING TO FIGURE IS IF WE TRY TO BUFFER OR PUT SOME PLANS OR SOMETHING LIKE THIS PRACTICALLY, IS, IS IS MONEY GOING TO THE GARBAGE? SO SOMETHING WE'VE DONE IN OTHER PROJECTS, JUST TO BRING UP, UM, WHEN THERE'S NOT SPACE FOR PUTTING PLANTS IN THE GROUND, IS TO PUT PLANTER BOXES.
UM, WE'VE DONE THAT ON ONE OR, OR TWO PROJECTS SO THAT ARE RAISED, I CAN UNDERSTAND IT DOES FLOOD.
THAT'S WHY THEY NEED TO RELOCATE THE UTILITIES FROM THE BASEMENT TO A HIGHER FLOOR.
UM, AND YOU DON'T WANT TO, YOU KNOW, PUT SOMETHING IN THAT'S GONNA GET WASHED OUT OR CONTINUALLY, UH, DAMAGED.
SO, UH, THAT'S JUST SOMETHING THAT'S THE BOARD'S RECOMMENDED IN THE PAST.
AND SO, SO CONTINUING ON, ON MS. ROBINSON'S LINE OF QUESTIONING.
SO WE'VE JUST PULLED UP A, A STREET VIEW OF, OF THE BUILDING.
AND SO EXPLAIN AGAIN WHAT I GUESS THE SIDEWALK IS.
IS THAT EVEN A SIDEWALK? WHAT IS YEAH, IT'S A SIDEWALK AND THEN THERE'S A STEP, UM, ONTO THE PROPERTY.
THE FACT IS SAYING TOAND IT BE MORE THAN THE PROPERTY.
THE PROPERTY LINE IS THE SIDEWALK RIGHT ALONG HERE.
SO THERE'S NO TOWN RIGHT OF WAY.
THAT'S THE RIGHT OF WAY ASSOCIATED WITH THE STATE ROAD, STATE THE STATE.
AND TO DO ANYTHING IN THAT, YOU WOULD NEED DOT PERMITS.
AND, AND I GUESS WHERE IS THE NEAREST, ARE THERE ANY SIDEWALKS ON THE SIDE OF THE STREET? YES.
SO, UM, THERE IS, UH, THE PROPERTY TO THE LEFT, AND THEN AS YOU GO DOWN, UM, TOWARDS 2 87.
AND THEN THERE IS ALSO SIDEWALKS, UM, AS YOU GO TOWARDS SAM'S CLUB.
SO THE SIDE, SO THESE ARE SIDEWALKS, AND THEN HERE, THERE ISN'T, BUT THEN IT STARTS AGAIN AT THE, UH, NEXT PROPERTY? YEAH.
THE AREA IS NOT BASICALLY FOR PEDESTRIANS, I THINK.
SO THEY, SO THAT'S A SIDEWALK.
AND THEN WE HAVE A GRASS, A GRASS MEDIAN, AND THEN WE HAVE SOME, SOME ASPHALT SIDEWALK.
AND THEN THIS IS JUST SORT OF DRIVEWAY.
BUT SPECIFICALLY IN FRONT OF THEIR PROPERTY, IT'S A BUS STOP.
AARON, CAN YOU SHOW ME WHERE THE BUS STOP IS? THERE'S NO SIGN, BUT IT'S RIGHT THERE.
BETWEEN THEIR PROPERTY AND MAVIS.
BUT MOST PEOPLE CONGREGATE YEAH.
IN FRONT OF THE NAVIS PROPERTY FOR THE BUS.
THAT'S WHERE THE CROSSWALK IS.
IT'S, THERE'S NO CROSSWALK, BUT THERE IS A BUTTON AND YOU CAN CROSS OVER.
REALLY? SO THERE'S A BUTTON WITHOUT, WITHOUT, YES.
WHEREABOUTS? UM, SO THE BUTTON IS, IF YOU COME BACK TOWARDS, UM, THE PROPERTY ON THE OTHER SIDE, THAT POLE.
OH, AT THIS INTERSECTION? YEAH, THERE'S A BUTTON THERE.
SO THERE'S A BUTTON ACTUALLY RIGHT THERE, RIGHT.
THAT, THAT IS NOT, THAT IS NOT ON THIS SIDE SIDE.
THERE'S A BUTTON ON BOTH SIDES.
THAT'S THE ONLY REASON WHY I KNOW.
IT'S ACROSS WHERE THE M AND T USED TO BE.
AND THEN IT'S ALSO RIGHT THERE.
BUT BASICALLY THE PEDESTRIAN AREA IS IN JUST ONE SIDE, KNOWING IN THE SIDEWALK WE HAVE THE PROPERTY, BECAUSE IF YOU SEE THE,
[01:30:01]
THE SIDEWALK IS, IS SCATTERED.THERE IS A PARKING AREA FOR THE RESTAURANT.
AND ON THE, ON THE, MAYBE THERE IS NO PRACTICALLY WHERE THE SIGNAL CAMPS TO EVEN GAS STATION GROUP, THERE'S NO CROSSWALK THERE, BUT THERE IS A BUTTON THAT YOU CAN PRESS OKAY.
SO IT CERTAINLY APPEARS LIKE THERE'S AN OPPORTUNITY TO IMPROVE THE SITE AND YOU'RE PROPOSING TO IMPROVE THE SITE AND THE STRUCTURE.
AND, AND SO IS I, I SEE THE STEP, MS. ROBINSON POINTED OUT THE STEP TO GET TO THE, UM, I, I GUESS TO THE BUILDING, TO THE EGRESS MM-HMM
IS THERE A RAMP OR IS THE BUILDING A DA ACCESSIBLE CURRENTLY? NO.
WOULD THERE BE PLANS TO UPGRADE IT TO MAKE IT AADA A ACCESSIBLE NO, THERE IS NO RAMP RIGHT THERE.
WHAT'S THE RIGHT, IF YOU COULD GO TO THE RIGHT SIDE OF IT.
TO THE RIGHT SIDE, IF THERE'S RESIDENCES, ATTORNEY MADONNA, WOULD THERE BE A REQUIREMENT? TURN.
THERE'S NO REQUIREMENT TO ADD A RAMP FOR RESIDENCES.
UH, IT'S AN EXISTING BUILDING AND I DON'T THINK IT WOULD REQUIRE, BECAUSE OF THE EXISTING THREE MULTIFAMILY RESIDENTIAL, A DA IS NOT NECESSARY TO PROVIDE.
BUT, UM, I THOUGHT I READ SOMEWHERE SEPARATELY THAT THERE WAS A REQUIREMENT TO UPGRADE THE FIRE ESCAPES.
WE ARE GOING TO, YES, WE ARE GOING TO RE UH, TO REPAIR THE FIRE ESCAPES AND MAKE IT WORKABLE.
'CAUSE AT THIS TIME IT'S NOT WORKING.
SO IF YOU'RE PA, IF YOU'RE PAVING THAT AS WELL, IT LOOKS LIKE THAT RIGHT SIDE WOULD BE AN OPPORTUNITY TO ADD A RAMP.
UM, AS LONG AS IT'S NOT COST PROHIBIT WOULD, GOING BACK TO THE PARKING, WOULD THERE BE A REQUIREMENT? WOULD ANY OF THOSE SEVEN HAVE TO BE HANDICAP ACCESSIBLE PARKING SPACES? IT'D HAVE TO HAVE ENGINEERING OPINE ON THAT.
COULD WE, COULD WE HAVE THAT? MM-HMM
ANY OTHER QUESTIONS FROM THE BOARD? I, I HAVE ONE.
YOU KNOW, LIKE LARGER QUESTION, WE'RE SAYING THIS IS AN AMENDED SITE PLAN.
IS THERE AN A, AN EXISTING SITE PLAN? UH, NO.
TECHNICALLY WE COULD CALL IT, I SUPPOSE A SITE PLAN BEING THAT THERE ISN'T ONE ON RECORD, UM, OR APPROVED ON FILE MM-HMM
THERE WAS A PLAN SUBMITTED IN CONNECTION WITH THE ZBA APPLICATION, BUT TECHNICALLY EXACTLY, YEAH.
WE DO NOT HAVE A RECORD THROUGH THE PLANNING BOARD OF AN APPROVED SITE PLAN.
SO, BUT AT THAT TIME IT'S SUPPOSED TO BE BECAUSE OF THE ZONING.
WITH THE ZONING BOARD FOR THE, YOU SAY THAT THERE IS NO SITE PLAN BECAUSE WE HAD MADE THE EXISTING SITE PLAN THROUGH THE EXISTING, THERE'S NO OFFICIAL SITE PLAN APPROVAL THROUGH THE PLANNING BOARD, THROUGH THE PLANNING.
SO, YOU KNOW, IF THAT'S THE CASE, HOW DO WE APPROACH THIS IN TERMS OF STARTING OUT WITH A SITE PLAN AND WITH ALL THE REQUIREMENTS THAT WOULD BE, YOU KNOW, NECESSARY TO COMPLY WITH FOR ANY SITE PLAN? IT SOUNDS LIKE, YOU KNOW, THE BUILDINGS ARE NON-CONFORMING USE.
GENERALLY WHEN YOU START CHANGING A NON-CONFORMING USE, YOU GOTTA COMPLY WITH THE EXISTING CODES OR OBTAIN A VARIANCE.
SO, AND THAT'S WHY THE BUILDING INSPECTOR'S OFFICE IDENTIFIED THE NECESSARY VARIANCES, UM, BOTH INTERIOR AND PRIMARILY EXTERIOR, UM, BUT ALSO REQUIRING CERTAIN COMPLIANCES, AS I MENTIONED, WITH THE FIRE ESCAPE AND OTHER INTERIOR NEW YORK STATE BUILDING AND FIRE CODE REQUIREMENTS.
BUT LET ME, LET ME SAY SOMETHING.
ACCORDING TO THE REGULATION, IF THERE ARE DIFFERENT TYPE OF INTERVENTION OF THE PROPERTIES, YES.
IN THIS CASE, WE ARE NOT GOING TO EVEN DISTORT THE, THE, THE LAND IT JUST TO REPAY THE, THE, THE EXISTING, THE EXISTING, UH, PARKING.
SO FOR INSTANCE, WITH RESPECT TO DISTURBANCE, THE TOWN ENGINEER INDICATED DUE TO THERE BEING NO DISTURBANCE ASSOCIATED, NO NEW DISTURBANCE, IT'S REPAVING OF AN EXISTING AREA THAT, UM, THERE MAY NOT BE THE NEED FOR A FLOODPLAIN DEVELOPMENT PERMIT, UH, IN CONNECTION WITH THE PROJECT.
IF THEY WERE EITHER, IF THE THERE WASN'T A PARKING AREA AND THEY WERE LOOKING TO CREATE A NEW PAVED PARKING AREA, YES.
SO THERE ARE SOME, WHILE THERE MAY NOT BE, UH, A SITE PLAN THAT WE HAVE FOUND, OR THE TOWN HAS FOUND ON FILE IN CONNECTION WITH THE PROJECT, IT IS A
[01:35:01]
CONSIDERED A DEVELOPED PROPERTY, AND THEY WERE ABLE TO OBTAIN THAT USE VARIANCE IN THE EIGHTIES MM-HMMFOR THE LOCKSMITH SPACE MM-HMM
AND FOR THE REDUCTION IN OFF STREET PARKING SPACES.
SO WE CAN ASK THE BUILDING INSPECTOR'S OFFICE IF THEY CAN FIND OUT WHAT THE DETERMINATION WAS IN 1983 OR 86, UM, REGARDING THAT APPLICATION AND WHY AT THAT TIME THEY WEREN'T REQUIRED TO FILE FOR LEGALIZATION AND REPORT THAT BACK TO THE BOARD.
BUT I CAN UNDERSTAND THE QUESTION, YOU KNOW, I MEAN, WE'RE, WE'RE NOW TAKING A NON-CONFORMING USE, MAKING, MAKING IT MORE NON-CONFORMING BY MAKING CHANGES TO IT, TO A PLAN THAT DOESN'T CONFORM IN A FLOOD ZONE.
I MEAN, NORMALLY WHEN WE APPROACH A NEW PROJECT AND A SITE PLAN, WE'RE GONNA LOOK AT A BUILDING, WE'RE GONNA LOOK AT, YOU KNOW, CODE REQUIREMENTS, WE'RE GONNA LOOK AT ELECTRICAL, FIRE, SAFETY, ALL OF THESE ISSUES.
I, I DON'T KNOW WHETHER YOU KNOW WHERE THAT'S GONNA BE APPROACHED, YOU KNOW, WHETHER YOU'RE CONTEMPLATING THAT.
I MEAN, I'VE SEEN THIS LIKE LONG, YOU KNOW, LIST FROM THE, YOU KNOW, TOWN, UH, BUILDING INSPECTOR MM-HMM
UH, I ASSUME YOU'VE SEEN THAT.
BUT BASICALLY ONE OF THE ASPECT THAT WE, WE, WE DID IS AS SOON AS WE MOVE THE ELECTRICAL, THE GAS AND THE, UH, AND THE PLUMBING, EH, FEATURES FROM THE BASEMENT.
SO BASICALLY WE HAVE TO REDONE THE ENTIRE BUILDING.
WE HAVE TO MOVE THE METERS, GONNA REDO THE ENTIRE AND THE ENTIRE, YEAH.
THE RENOVATION IS A, IS A BIG RENOVATION.
AND, AND, AND, AND AS AS, AS YOU SAID, BASICALLY WE ARE IN COMPLYING WITH ELECTRICAL, PLUMBING, ALL OF THE CODES, FIRE SAFETY IN THAT CASE.
THIS IS ACTUALLY, SO AS BACKGROUND, THIS HAS ACTUALLY GONE BEFORE, UM, BUILDING DEPARTMENT STAFF, PLANNING STAFF, UH, WITH SEVERAL ITERATIONS OF PLANS, UH, PREVIOUSLY BEFORE COMING TO THE PLANNING BOARD MM-HMM
UM, AND ONE OF THE BIG THINGS I MENTIONED BEFORE WAS THAT THEY'RE MOVING THE UTILITIES, WHICH ARE CURRENTLY IN THE BASEMENT, WHICH WAS PRONE FOR FLOODING, UM, TO THE, TO A HIGHER FLOOR MM-HMM
SO THAT THEY ARE OUT OF, UH, THE FLOOD ZONE AREA.
AND IS THAT TAKING AWAY SOME OF THE COMMERCIAL SPACE? IT IS.
SO CURRENTLY I THINK YOU HAVE PROPOSED THAT THE BASEMENT IS ONLY FOR SOME STORAGE AS NOTHING ELSE WOULD REALLY BE SUITABLE FOR THE BASEMENT AREA, RIGHT? YEAH.
YOU, YOU MENTIONED YOU, THE, THE OWNERS ALSO OWN THE PROPERTY NEXT DOOR, BUT WAS THERE ANY CONSIDERATION TO, YOU KNOW, COMBINING THE TWO IN SOME WAY AND, AND HAVING A
IT THEY USE, THIS IS ACTUALLY FOR THE RESTAURANT, EVEN THOUGH IT'S A NON-CONFORMING, UM, I GUESS WHAT SAY, I'M SORRY.
YOU HAVE TO COME UP TO THE MIC TO SPEAK.
YOU JUST HAVE TO COME UP TO THE MIC AND JUST TO POINT OUT THAT THERE'S A LOT OF PROPERTIES IN THIS NEIGHBORHOOD THAT ARE, UH, PREEXISTING, NON-CONFORMING AND DO RUN INTO THESE CHALLENGES QUITE FREQUENTLY.
JUST STATE YOUR NAME AND ASSOCIATION FOR THE RECORD.
MY NAME IS VICTORIA RE AND I'M THE OWNER OF THE PROPERTY.
AND THE TWO PROPERTIES THAT WE ARE TALKING ABOUT, I DON'T WANNA DO ANY, I MEAN, I WANNA DO THE CHANGE IN THIS PROPERTY AND FIX THE RIGHT WAY BECAUSE I DON'T WANNA BE IN TROUBLE, FIRST OF ALL.
AND PREVIOUSLY, THE FIRST PROPERTY I BUY IS THE RESTAURANT BECAUSE I OWNED FOR ALMOST 17 YEARS ANOTHER RESTAURANT IN WHITE PLAINS.
UH, WHICH IS NOT MY, AND MY DESIRE WAS TO MAKE A BIG NICE RESTAURANT IN THE AREA, BUT DEAL WITH THE TOWN OF GREENVILLE FOR TWO YEARS, HONESTLY.
DRAIN ALL MY ENERGIES AND ALL MY DESIRE TO DO SO.
SO WHEN THEY DENY ME, OR THEY MAKE ME DO FOR TWO YEARS, UH, AFTER PAYING MORTGAGE EVERY SINGLE MONTH AND BE CLOSE FOR TWO YEARS, AND THE TOWN NOT REALLY HELP ME, I FEEL THAT WAY.
I DECIDED TO JUST GIVE UP AND DO THE WAY THEY SAY, TWO BUSINESS, I OWN ONE, I RENT ONE EVEN I'M SO BAD LUCK THAT MY TENANT DON'T PAY ME FOR TWO YEARS.
SO NOW I BUY THE PROPERTY BECAUSE I KNOW I HAVE A LOT OF CLIENTS AND I DON'T WANNA PUT MY CAR IN THAT PRO IN THE, IN THE FRONT OF THE BUILDING AND I CAN HAVE MY PROPERTY AND I PUT MY CAR THERE IN A SAFETY WAY.
BUT NOW I'M COMING WITH THIS THING.
AND, UH, WE DECIDED TO, YOU KNOW, PUT NICE THE BUILDING, FIX THE BUILDING TO LOOKS NICE, CLOSE TO THE RESTAURANT AND EVERYTHING LOOKS NICE AND WE WANNA PAVE THE PARKING LOT SO THAT WAY NOBODY HAVE PROBLEM IN WINTER WHEN IT'S A LOT OF SNOW.
AND ALSO THE SNOW IS MELTING WITH WATER.
SO I'M DECIDED TO DO SOMETHING TO, LOOKS EVERYTHING NICE, BUT ALSO WE COME TO THIS ALMOST MORE THAN A YEAR.
[01:40:01]
IT'S LIKE 15 MONTHS AND I'M PAYING MORTGAGE.AND I AS EXPLAINED YOU BEFORE, IT'S VERY HARD IF I DON'T HAVE THIS BUSINESS AND I ONLY WORKING AND PAY MY HOUSE, I ALREADY LOSE MY HOUSE.
WHO YOU THINK IS GONNA PAY MORE THAN $5,000 EVERY MONTH FOR AN EMPTY HOUSE.
I GOTTA TAKE MONEY OF MY BUSINESS TO PAY THIS PROPERTY.
AND TOP OF THAT, I NEED TO PAY ENGINEERS.
I NEED TO PAY OTHER STAFF BUILDERS.
AND I SAY, I KNOW YOU GUYS WORKING FOR THE TOWN, I GET IT.
BUT I HAVE TO COMMON SENSE THAT AT LEAST I A LITTLE LUCKY THAT I HAVE BUSINESS, BUT OTHER PEOPLE DON'T HAVE THAT.
AND I HAVE NEIGHBORS AROUND THAT.
IT COMES WITH THE SAME COMPLAINT THAT THE TOWN TAKES SO MUCH TIME AND PLEASE HAVE TIME CONSIDERATION.
I'M NOT TALKING ONLY FOR ME, I'M TALKING TO OTHER PEOPLE THAT THEY DON'T, THEY HAVE LESS MONEY THAN ME AND BE IN THIS POSITION IS VERY BAD.
AND I'M NOT SUFFERING NOW ONLY WITH THIS PROPERTY I SUFFERED BEFORE WITH MY RESIDENT.
YOU CAN GUYS CHECK TWO YEARS CLOSE, PAYING MORTGAGE ENOUGH IS ENOUGH.
HONESTLY, I KNOW IT'S NOT ONLY UP TO YOU, BUT EVERYBODY HAVE TO COME AND SENSE THAT NOT EVERYBODY HAVE THAT MUCH MONEY TO HAVE A BUILDING CLOSE AND HAVE A MORTGAGE AT THE SAME TIME.
BACK TO THINK ABOUT TO JOIN THE TWO PROPERTIES IS GOTTA BE MORE COMPLICATED.
SO THAT'S WHY EVEN SHE TOLD ME ONE DAY THAT SHE WISHED TO DO IT, BUT IT'S PRACTICALLY, IT'S SO COMPLICATED.
ESPECIALLY FOR ALL THE PROCESS, UH, AND THE NONCONFORMITY, RIGHT? BEING NONCONFORMITY IS, IS A VERY BAD SITUATION FOR THE BUILDING, THE BOTH BUILDINGS.
IF I, IF I ONLY KNEW THIS BEFORE, BUY ANY OF THE, THE LAND, I WOULD SAY NO.
BUT ONCE YOU, THE BROKERS NEVER TELL YOU WHAT IT'S GONNA BE.
UH, THE PERSON WHO SHOW YOU THE HOUSE, THEY DON'T TELL YOU, OH, YOU'RE GONNA HAVE THIS PROBLEM.
SO YOU BUY IT THINKING THAT YOU'RE GONNA DO SOMETHING BIG, BUT THEN ALL THIS COMING AND THEN YOU GET FRUSTRATED.
BUT I MEAN, IT'S NOBODY'S FAULT.
ARE THERE ANY OTHER QUESTIONS FROM THE BOARD? NO.
WHAT YOU WANNA DO? WELL, I THINK IT WOULD MAKE SENSE FOR THE BOARD TO CONSIDER PUTTING THIS BACK ON FOR A WORK SESSION IN TWO WEEKS.
I THINK WE PROBABLY HAVE, UM, SOME TIME ON THE 18TH, ALTHOUGH I WILL NOT BE PRESENT.
MATT BRIT WILL BE FILLING IN, UM, FOR ME AND, AND SITTING DOWN WITH THE BOARD HERE.
UM, REALLY PROBABLY FOR THE PURPOSE OF, UM, TALKING ABOUT THE VARIANCES IN A LITTLE MORE DETAIL AND WHERE THE BOARD WANTS TO GO IN CONNECTION WITH ISSUING ITS RECOMMENDATION TO THE ZONING BOARD.
A COUPLE THINGS FOR THE APPLICANT, JUST BETWEEN NOW AND THE NEXT TIME THIS IS DISCUSSED, THERE WAS DISCUSSION ABOUT, UM, THE SIDEWALK AREA IN FRONT.
YOU INDICATED THAT THE CONCRETE WOULD BE REPAIRED.
IF THAT'S NOT INDICATED ON THE DRAWING, IT WOULD BE HELPFUL.
YOU DON'T HAVE TO MAKE THE REVISION RIGHT NOW.
BECAUSE OTHER THINGS COULD COME UP.
SO IF WE'RE SAYING, HEY, YOU KNOW, UPDATE THE PLAN, THEN, YOU KNOW, YOU TALKED ABOUT THE COSTS YOU'VE INCURRED, SO THERE'S PROBABLY, YOU KNOW, A CHARGE TO REVISE THE PLAN, THEN SOMETHING ELSE COMES UP, THEN YOU GOTTA REVISE IT AGAIN.
YOU CAN KIND OF UNDERSTAND THAT WE'LL WANT TO SEE THAT SHOWN ON THE PLAN.
WHETHER IT'S, YOU KNOW, PRIOR TO THE PLANNING BOARD CONDUCTING A PUBLIC HEARING, YOU KNOW, SOMETHING TO THAT EFFECT.
UM, THE OTHER ITEM WAS, YOU KNOW, IS THERE AN OPPORTUNITY TO GREEN UP ANY OF THE AREAS YOU SAID THERE'S REALLY NOT.
UM, BECAUSE ANYTHING, YOU KNOW, IF YOU WERE TO TEAR OUT SOME OF THE, I'M JUST GONNA SHARE THE SCREEN.
'CAUSE I HAD SPOKEN WITH MS. ROBINSON ABOUT THIS EARLIER.
LET ME JUST GO TO THE SHARE SCREEN VERY QUICKLY.
I CAN CONFIRM WHETHER AN A DA SPACE IS REQUIRED TOMORROW, POTENTIALLY ONE SPACE POTENTIALLY.
SO IN THE REAR HERE, BECAUSE IT'S PAVED ALL THE WAY MM-HMM
TO THE, UM, TO THE EDGES BASICALLY OF THE PROPERTY.
LIKE, ONE IDEA WAS COULD THIS AREA, I DON'T KNOW IF YOU CAN SEE MY CURSOR, BUT IN THE UPPER RIGHT HAND HAND I SEE, YEAH.
COULD THAT BE TORN OUT AND PRE, UH, CONVERTED TO EITHER A GRASSED AREA OR SOME TYPE OF LANDSCAPED AREA? AND YOU HAD INDICATED THAT IT WOULD PROBABLY BE A WASTED, UH, USE OF RESOURCES BECAUSE IT WOULD ONLY GET WASHED OUT WHEN THE FLOOD WATERS COME.
SO AN ALTERNATIVE WAS BROUGHT UP.
IS THERE AN OPPORTUNITY TO MAYBE PUT IN SOME PLANTER BOXES, POSSIBLY EVEN ON THE FRONT, YOU KNOW, STEPPED AREA, YOU KNOW, WITH SOME SHRUBS OR SMALL FLOWERING TREES OR SOMETHING IN THE BOXES.
WE ARE REALLY INTO SOMETHING TO DO THAT.
[01:45:01]
SO WE CAN EVEN GIVE YOU SOME EXAMPLES.SO YOU UNDERSTAND WHAT WE'RE SPEAKING ABOUT.
BECAUSE IN FACT, ACROSS THE, ROUGHLY ACROSS THE STREET AND A LITTLE BIT UP, UM, THERE WAS A SITE THAT CAME IN BEFORE THE PLANNING BOARD.
THEY HAVEN'T BEEN BACK YET, BUT ADJACENT JUST SOUTH OF THE CARVE SITE, WHERE IT'S BASICALLY 100% IMPERVIOUS.
AND THERE WASN'T REALLY AN OPPORTUNITY TO TEAR OUT ANY OF THE ASPHALT, BUT THEY HAD INDICATED THAT THEY WOULD INCORPORATE PLANTERS.
JUST TRYING TO ADDRESS UP, YOU KNOW, CLEARLY THE BUILDING IMPROVEMENTS AND THE SITE IMPROVEMENTS ARE GONNA BE AN UPGRADE.
YOU KNOW, IT'S AN AREA THAT, UM, YOU KNOW, HAS, UH, HAS A NUMBER OF LOTS THAT ARE NON-CONFORMING AND THIS IS AN OPPORTUNITY TO MAKE AN IMPROVEMENT.
AND THE BOARD, YOU KNOW, TRIES TO SEE IF THERE ARE OTHER THINGS THAT MAYBE YOU HAVEN'T THOUGHT OF.
ONE OF THOSE WOULD BE, YOU KNOW, CLEARLY DOING THE, THE FRONT, UM, THE FRONT SIDEWALK AND, AND INCORPORATING SOME PLANTERS.
SO WE CAN GET YOU SOME INFORMATION ON THAT.
I'LL, UH, I'LL, I'LL CHANNEL FORMER MEMBER DESAI.
IS THERE ANY EXTERIOR LIGHTING, UH, AROUND THE PROPERTY, AROUND THE PARKING LOT? UH, ANY STREET LIGHTS? YEAH, JUST THE, THE GENERAL ONES IN, IN EACH CORNER FOR SAY SENSORS, I THINK.
SO THERE'S LAMPPOSTS ON, ON THE CORNERS OF THE PARKING LOT OR ON THE CORNER? YEAH, NO, ON THE CORNER OF THE BUILDINGS.
NOT THE BUILDINGS ON THE CORNER OF THE BUILDING.
ARE THOSE SENSOR, ARE THOSE INDICATED ON THE PLANS? UH, I DON'T THINK I HAVE IT.
BUT WE CAN LOCATE IN THE, YEAH.
COULD YOU JUST PROVIDE THE SPECS WITH THAT AS WELL? SO PUT 'EM ON THE PLANS AND THEN PROVIDE THE SPEC? YEAH.
THE BUILDING DEPARTMENT'S GONNA ALSO WANT TO, YOU KNOW, EVEN IF THIS BOARD DIDN'T BRING UP LIGHTING, YOU'D BE REQUIRED TO DEMONSTRATE COMPLIANCE WITH OUR LIGHTING CODE AT THE BUILDING, BUILDING DEPARTMENT LEVEL.
SO IT'S JUST BEEN ASKED FOR AT THIS TIME.
SO IT'S SOMETHING THAT WE WOULD WANT TO SEE.
AND SO ON THE, ON THE LEFT SIDE IS MAVIS DISCOUNT TIRE, AND THEN ON THE RIGHT SIDE IS YOUR RESTAURANT.
UM, AND IT LOOKED LIKE GOING BACK TO THE STREET VIEW, IT DIDN'T LOOK LIKE THERE WAS MUCH OF A DEMARCATION BETWEEN THIS PROPERTY AND THE OTHER PROPERTY.
WOULD THERE BE, BESIDES THAT IS IS LIKE SIX FEET, I THINK.
RIGHT? IT'S JUST BASICALLY IT'S JUST, JUST CONTINUOUS PAVEMENT.
IT'S PAVED AREA AND THEN UNPAVED AREA CURRENTLY, WOULD THERE BE ANY CURB BETWEEN THE TWO PROPERTIES? NO.
IS THERE, I JUST WANNA DO LIKE A FLAT, UM, NICE.
BUT I MEAN, TO BE EVEN, BECAUSE YOU KNOW, WHEN IT'S NOT EVEN, IT'S NOT LOOKS NICE EITHER, SO SURE.
IF WE PUT IT EVERYTHING FLAT, IT WOULD BE MUCH BETTER FOR ANYBODY.
SO THERE WOULDN'T BE ANY CURBING OR THERE WOULDN'T BE ANY, ANY ANYTHING? NO.
WE ON THAT, ON THAT, ON THAT SIDE WE INSTALL THE, THE GAS BEATERS.
OH, BUT THE OTHER SIDE, THE LEFT? YEAH.
BUT THE, THE, THE, THE SIDE YARD OF THAT AREA IS THREE, THREE FEET.
IS THERE ANY, IS THERE ANY LIKE, OVERLAP BETWEEN THE TWO PROPERTIES IN, IN THE SENSE OF LIKE, A CAR WOULD BE COMING AND THEN CROSSING OVER? ONLY BECAUSE THERE MIGHT BE AN OPPORTUNITY TO ALIGN THAT, THE EDGE OF THE DRIVEWAY TO, WITH SOME OF THE PLANTERS TO HAVE LIKE MAYBE AN EVERGREEN PLANTER COMING UP.
BETWEEN THE TWO PROPERTIES YES.
AND RESTAURANT AND THE, YOU KNOW, IT, IT WOULD BEAUTIFY THE PLACE, UM, YEAH.
AND GIVE YOU ENOUGH SPACE TO MANEUVER ON BOTH SIDES.
SO THEY'D BE NOT VERY WIDE PLANTERS.
WE'RE NOT TALKING ABOUT ANYTHING.
WE CAN DISCUSS THAT, YOU KNOW.
OFFLINE, WE CAN GIVE YOU SOME EXAMPLES.
UM, ANY OTHER QUESTIONS FROM THE BOARD? CAN I ASK YOU WHEN YOU BOUGHT THE PROPERTY? WHEN I BOUGHT THE PROPERTY? YEAH.
THE, THE ONE WE'RE TALKING ABOUT, THE FIRST ONE, THE SECOND ONE.
THIS SIX OR SIX, BETWEEN SIX AND EIGHT YEARS.
SIX AND EIGHT YEARS AGO, YEAH.
AND WHEN YOU BOUGHT IT, IT WAS LEASED UP, YOU HAD TENANTS THERE? YES.
THE SECOND FLOOR IT WAS TWO AND THE THIRD FLOOR ONE.
AND THE FIRST FLOOR WAS, UM, COMMERCIAL SPACE THAT I NEVER ABLE TO RENT IT.
EVERY TIME I FIND ONE TENANT, THEY COME TO THE TOWN, YOU CAN'T MAKE IT.
THEY CAN, THEY WANNA DO A DELI, THEY SAY NO, THEY WANNA DO, UM, A DENTIST'S OFFICE.
THEY SAY NO, UH, THEY WANNA DO A LAUNDRY.
THEY SAY NO, THEY WANNA DO A CHOP SOMETHING.
IT'S, IT'S VERY LIMITED AS FAR AS USES.
WHAT ARE THE USES PERMITTED IN THIS DISTRICT? OH, WE CAN PROVIDE THAT INFORMATION ON BOARD.
I COULD PROBABLY BRING IT UP IF WE, WE'LL, WE CAN DISCUSS IT AT THE NEXT MEETING.
WELL, IT'S ALSO LIMITED BECAUSE OF THE SIZE.
[01:50:01]
THE SIZE.IT'S NOT JUST THE USE, IT'S ALSO THE SIZE.
IT'S VERY LIMITED BASED ON THE SIZE OF THE LOT.
SO AS, AS, UM, MR. ZAPATA MENTIONED IN THE LI DISTRICT, YOU HAVE TO HAVE A MINIMUM OF 20,000 SQUARE FEET.
THIS LOT HAS EXISTED FOR A LENGTHY PERIOD OF TIME AS UNDER 5,000 SQUARE FEET.
SO IT'S NOT, IT'S NOT THE TYPE OF USES THAT WOULD BE PERMITTED.
THERE'S ACTUALLY AN ABUNDANT AMOUNT OF USES THAT ARE PERMITTED IN THE LI DISTRICT.
SO, YOU KNOW, WE'VE TALKED ABOUT THE FACT THAT THIS, THIS LOT'S GONNA FLOOD, RIGHT? FLOODS ALL THE TIME.
SO WHAT HAPPENS WHEN YOU GET ANOTHER FLOOD, WHICH IS YOU KNOW, COMING EITHER TOMORROW OR NEXT MONTH OR NEXT YEAR, WHAT HAPPENS TO THE PROPERTY? OH, BUT NOTHING IS IN THE BASEMENT.
THAT'S WHY WE DECIDED TO PUT ALL THE ELECTRIC AND EVERYTHING ON THE TOP FLOORS.
NOTHING IN THE BASEMENT BECAUSE IT'S NOT USABLE.
AND UH, AS WE DO THE CONSTRUCTION, I ALSO TELL THE GUY IF THERE'S ANY WAY THAT WE CAN, WE NOT ABLE TO PREVENT THE FLOAT ZONE BECAUSE THAT'S NATURE THING.
BUT AT LEAST MAYBE IT'S SOME KIND OF THING TO PROTECT THE BASE OF THE HOUSE.
IS THERE ANYTHING IN THE BASEMENT CURRENTLY, LIKE A SUM PUMP OR, IT'S ALREADY EXISTING, I THINK, BUT I MEAN IT'S STILL THE WATER GO IN IT'S RIGHT.
BUT SOFT SYSTEM, WE NEVER USE SYSTEM.
THE BASEMENT AS A THING THAT WE GONNA EVEN SAVE SOMETHING THERE BECAUSE FOR US IT'S NOT SAFE.
AND YOU'VE NEVER HAD A FLOOD THERE THAT ACTUALLY UNDERMINED THE FOUNDATION IN THE HOUSE? A I WOULD SAY NEVER A BIG, BIG GHOST WATER, YES.
IN THE PARKING LOT AND THE BACK OF THE PARKING, I DON'T KNOW IF IT'S A LITTLE DOWN, I DON'T KNOW IT, IT'S WATER BETWEEN MY PROPERTY AND THE PROPERTY IN THE BACK, I ALWAYS SEE WATER THERE.
BUT ON THE FRONT, NOT MUCH HONESTLY.
CAN YOU JUST CHECK ON THE SUM PUMP AND REPORT BACK TO US PRIOR TO NEXT TIME IF ONE EXISTS.
AND IF ONE DOESN'T EXIST, IF ONE IS WOULD BE PROPOSED IN CONNECTION WITH THAT.
YEAH, WE CAN CHECK ON THE MM-HMM.
I MEAN YOU'RE CAN HAVE STORAGE SO RIGHT.
WHATEVER PRODUCTS OR WHAT HAVE YOU IS DOWN THERE.
YOU DON'T WANT TO, TO THE EXTENT, I MEAN OBVIOUSLY I WOULD RAISE IT UP.
HOW DO YOU KNOW HOW MUCH WATER THAT BASEMENT'S TAKEN ON? I MEAN, A COUPLE OF FEET OR A COUPLE OF INCHES? UH, NO, LESS THAN A HALF.
JUST, I DON'T KNOW, LIKE QUARTER OF THAT.
LET'S SAY QUARTER OF I GUESS A FOOT OR LESS.
LIKE UP HOW HIGH? UP ON, I WOULD SAY TIL.
ANY OTHER QUESTIONS FROM THE BOARD? NO.
RIGHT THEN I WILL, UM, SCHEDULE ADDITIONAL WORK SESSION FOR OUR FEBRUARY 18TH MEETING.
WE'LL COORDINATE, WE CAN DISCUSS TOMORROW A LITTLE BIT.
FEEL FREE TO EMAIL OR CALL OUR OFFICE.
WE CAN TALK ABOUT THE PLANTERS AND SOME OF THE THINGS.
BUT I THINK GETTING A WRITTEN RESPONSE FROM YOU PRIOR TO THE NEXT MEETING, IDEALLY BY NEXT WEDNESDAY, THAT PUTS IN WRITING THAT, YOU KNOW, YOU UNDERSTAND THE BOARD ASKED ABOUT THE CONCRETE SIDEWALK YOU'RE AGREEABLE TO.
FIXING THAT YOU'RE WORKING WITH STAFF ON THE PLANTERS POTENTIALLY AND THAT, YOU KNOW, YOU'VE INSPECTED AND THERE'S A SUM PUMP WHERE THERE IS NOT A SUM PUMP AND ONE WOULD BE YES, I WOULD INCLUDED, YES I WOULD.
I THINK, UM, POTENTIALLY EXPLORING THE RAMP, RIGHT? FOR ACCESS COMPONENT.
I CAN, I'M SORRY, I COULDN'T HEAR YOU.
I THINK ALL THE A DA COMPONENTS.
WHEN WE DISCUSS OVER THE PHONE.
UM, WE CAN DISCUSS, AND I'M SORRY, STAFF WILL DISCUSS WITH THE BUILDING INSPECTOR'S OFFICE, BUT EVEN IF ONE'S NOT REQUIRED MIGHT BE SOMETHING TO EXACTLY.
WE ARE TALKING ABOUT RAMPING THAT LITTLE LIKE, UM,
'CAUSE THE GRADE IN ORDER TO COMPLY WITH THE A DA RIGHT, YOU NEED 2% PERCENT UNDER 2%.
IF YOU COULD JUST DEMONSTRATE THAT BASED ON THE WIDTH OF COURSE.
OTHERWISE THERE WOULD HAVE TO BE A SWITCH BACK STYLE RAMP, WHICH YOU CAN'T FIT THERE, WHICH YOU MIGHT NOT BE ABLE TO FIT, BUT IF TO HAVE THAT INFORMATION PROVIDED.
FINALLY, I JUST WANNA THANK YOU FOR YOUR ADVICE AND YOUR HELP ON THIS MATTER AND HOPEFULLY WE ARE GOING TO GO AHEAD WITH THE, WITH THE PROJECT.
SEEING, UH, SEEING NO OTHER BUSINESS, I WILL ENTERTAIN A MOTION TO END THE MEETING.