* 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. IN PROGRESS. [00:00:02] ALL RIGHT. GOOD [TOWN OF GREENBURGH PLANNING BOARD AGENDA WEDNESDAY, June 3, 2026 – 7:00 P.M. Meetings of the Planning Board will be adjourned at 10:00 p.m.] EVENING EVERYONE, AND WELCOME TO THE WEDNESDAY JUNE 3RD, 2026, PLANNING BOARD MEETING. IT IS 7:08 PM UH, DEPUTY COMMISSIONER SCHMIDT, CAN YOU CONDUCT THE ROLE? SURE. CHAIRPERSON PINE PRESENT. MS. ANDERSON, PRESENT OUR ALTERNATE MS. ROBINSON HERE. MS. ROBINSON WILL BE A FULL VOTING MEMBER TONIGHT IN PLACE OF MR. WEINBERG WHO IS NOT PRESENT. ALSO NOT PRESENT ARE MR. PILLINGER AND MR. PATEL. THANK YOU. GREAT, THANK YOU. UH, DID EVERYONE HAVE A CHANCE TO REVIEW THE MINUTES OF MAY 20TH THAT WERE DISTRIBUTED? YES. YES. WERE THERE ANY QUESTIONS, COMMENTS, OR FEEDBACK ON THE MINUTES? NO. NO. ALRIGHT, THEN I WILL ENTERTAIN A MOTION TO APPROVE THE MAY 20, 20, 26 MINUTES AS, UH, AS SHARED AS DISTRIBUTED. UM, SO MOVED. SECOND. ALL IN FAVOR? AYE. CHAIR VOTES? AYE. ALRIGHT, THANK YOU. UH, SO WE HAVE ONE ITEM UP FOR, UH, OLD BUSINESS THIS EVENING IN OUR WORK SESSION. UH, CASE NUMBER PB 26 0 3, MATANZA CUBAN CAFE AT 17 EAST HARSDALE AVENUE PO. HARTSDALE. UH, THE APPLICANT IS SEEKING A SPECIAL USE PERMIT FOR A RESTAURANT AND A SHARED PARKING REDUCTION, UH, STAFF DISTRIBUTED, UH, DRAFT DECISIONS FOR, UM, THESE PERMITS. DID EVERYONE HAVE A CHANCE TO REVIEW THE DRAFT DECISIONS AS THEY WERE DISTRIBUTED? YES. YES. ALRIGHT. WERE THERE ANY QUESTIONS OR COMMENTS ON THE DRAFT DECISIONS? NONE. NO. ALRIGHT. UH, DEPUTY COMMISSIONER SCHMIDT, CAN YOU WALK US THROUGH THE SITE SPECIFIC, UH, CONDITIONS? YES. LET ME WALK YOU THROUGH THE VOTES AND THEN, UH, I WILL GO THROUGH ANY SITE SPECIFICS. SO, UH, THE BOARD HAS TO CONSIDER A SECRET DETERMINATION THIS EVENING. THE PROJECT DOES QUALIFY AS AN UNLISTED ACTION. UNDER SEEKER, UH, STAFF WAS DIRECTED TO PREPARE A, A DRAFT NEGATIVE DECLARATION. UH, SO THAT WAS DISTRIBUTED IN THE PACKAGES. SO THERE WILL BE A VOTE, UH, WITH RESPECT TO THE, THE SEEKER STATUS AS WELL AS THE SEEKER DETERMINATION. ADDITIONALLY, UH, FOLLOWING CLOSURE OF THE PUBLIC HEARING, STAFF PREPARED A DRAFT DECISION FOR THE BOARD'S CONSIDERATION RELATED TO THE APPLICANT'S REQUEST FOR A SPECIAL USE PERMIT, UH, AS WELL AS A SHARED PARKING REDUCTION OF 13 SPACES, UH, WHICH WAS DISCUSSED BOTH AT THE WORK SESSION AND THE PUBLIC HEARING HELD ON THIS MATTER. WITH RESPECT TO SITE SPECIFIC CONDITIONS, THE SPECIAL USE PERMITS TYPICALLY HAVE MAINLY BOILERPLATE CONDITIONS. UM, I'M HAPPY TO GO THROUGH THOSE, BUT, UH, THERE'S NOTHING OUT OF THE ORDINARY IN CONNECTION WITH A RESTAURANT SPECIAL USE PERMIT APPLICATION THAT WE'VE ADDED OR BEEN ASKED TO ADD IN CONNECTION WITH, UH, THIS DECISION. GREAT. ARE THERE ANY ADDITIONAL QUESTIONS FOR DEPUTY COMMISSIONER SCHMIDT? NO. NO. ALRIGHT, THEN, UH, AS, AS HE SHARED, WE HAVE FOUR VOTES TO, TO CONSIDER THIS EVENING. UH, THE FIRST I'LL ENTERTAIN A MOTION TO CLASSIFY THE ACTION AS UNLISTED, UH, UNDER SECRA. SO, MOVED. MOVED. MS. ROBINSON. SECONDED. SECOND. MS. ANDERSON. ALL IN FAVOR? AYE. AYE. CHAIR VOTES. AYE. UH, NEXT I'LL ENTERTAIN A MOTION TO ADOPT THE DRAFT CCRA NEGATIVE DECLARATION AS DISTRIBUTED. SO MOVED. SECOND. MOVED. MS. ANDERSON. SECOND. MS. ROBINSON. UH, ALL IN FAVOR? AYE. CHAIR VOTES. AYE. UH, NEXT I'LL ENTERTAIN A MOTION TO APPROVE THE DRAFT DECISION FOR THE PLANNING BOARD SPECIAL USE PERMIT APPLICATION AS DISTRIBUTED. SO, MOVED. MOVED. MS. ROBINSON. SECONDED. SECOND. MS. ANDERSON. ALL IN FAVOR? AYE. CHAIR VOTES. AYE. AND LASTLY, I'LL ENTERTAIN A MOTION TO APPROVE, UH, THE DECISION FOR THE PLANNING BOARD SHARED PARKING REDUCTION REQUEST AS DISTRIBUTED. SO MOVED. SECOND. MOVED. MS. UH, ANDERSON. SECOND. MS. ROBINSON, UH, ALL IN FAVOR? AYE. AYE. CHAIR VOTES. AYE. ALRIGHT. CONGRATULATIONS AND THANK YOU. UH, NEXT WE HAVE, UH, ONE, ONE ITEM FOR PUBLIC HEARING THIS EVENING. UM, SO I'LL ENTERTAIN A MOTION TO OPEN OUR PUBLIC HEARING PORTION OF OUR MEETING. SO MOVED. UH, MOVED. MS. ROBINSON. SECONDED. SECOND, MS. ANDERSON. ALL IN FAVOR? AYE. AYE. CHAIR VOTES. AYE. UH, WELCOME TO THE PUBLIC HEARING. UH, IT IS WEDNESDAY, JUNE 3RD, 2026 AT 7:00 PM OR AT, UH, 7:13 PM UH, THIS IS THE PLANNING BOARD, UH, PUBLIC HEARING. UH, DEPUTY COMMISSIONER SCHMIDT, [00:05:01] MAY YOU CONDUCT THE ROLE CHAIRPERSON PINE PRESENT. MS. ANDERSON PRESENT OUR ALTERNATE MS. ROBINSON HERE, UH, NOT PRESENT THIS EVENING ARE MR. WEINBERG, MR. PILLINGER AND MR. PATEL. THEREFORE, MS. ROBINSON WILL BE A FULL VOTING MEMBER IN PLACE OF MR. WEINBERG. THANK YOU. ALRIGHT, THANK YOU. UH, SO OUR FIRST AND ONLY PUBLIC HEARING THIS EVENING IS CASE NUMBER PB 25 33 A AT 18 OLD FARM LANE PO. HARTSDALE. THE APPLICANT IS SEEKING A WETLAND WATERCOURSE PERMIT, UH, IS THE REPRESENTATIVE YES. ON ZOOM. ON ZOOM, YES. ALRIGHT. I'M HERE. UH, GOOD EVENING. HELLO. CAN YOU WALK US THROUGH THE APPLICATION, UH, FOR THE RECORD? YES. WE ARE PROPOSING TO DO AN IN-GROUND POOL, 12 BY 24 IN THE REAR YARD. UM, WE HAVE A WATERCOURSE IN THE EDGE OF THE PROPERTY. UM, WE'RE PROPOSING THREE FOOT OF HARDSCAPE AROUND AND THE FENCE SURROUNDING THAT. UM, THERE WERE A FEW REVISIONS THAT WE MADE FROM LAST WEEK WHERE WE REMOVED THE, UM, BACKFLOW. WE DON'T REQUIRE BACKWASH FOR THE, THE FILTRATION. UM, SO THE ENGINEER DID REMOVE THAT. WE ALSO INCREASED THE SIZE OF THE RAIN GARDEN TO A 50 YEAR STORM. UM, AND THEN WE ALSO ARE PROPOSING TO PUT UP TEMPORARY CONSTRUCTION FENCING TO PROTECT THE SEPTIC SYSTEM, WHICH IS IN THE FRONT YARD OF THE PROPERTY OVER IN THIS AREA HERE. GREAT. AND COULD YOU SPEAK TO THE LOCATION OF THE WATERCOURSE RELATIVE TO THE PROPOSED POOL AND RELATED IMPROVEMENTS AND WHERE THE WATERCOURSE BUFFER EXTENDS TO ON THE PROPERTY? YEAH, SO YOU SEE THIS BLUE LINE THAT IS THE WATERCOURSE BUFFER AREA. SO ACTUALLY MOST OF THE HOUSE AND THE PROJECT IS IN THE BUFFER AREA. UM, WE WILL BE ABOUT 35 FEET FROM THE REARS, UM, THE WATERCOURSE, WHICH IS THE, THE BROOK IN THE BACKYARD. SO YOU CAN SEE THIS LIGHTER BLUE LINE HERE IS THE CENTER LINE OF THE STREAM THAT RUNS ACROSS THE BACK OF THE PROPERTY. GREAT. AND AS I RECALL, UM, TWO THINGS. ONE, FOR THE BOARD'S INFORMATION, UH, POOLS MUST BE SITUATED IN THE REAR YARD, OTHERWISE YOU NEED A VARIANCE. YES. SO THEY DON'T HAVE ANOTHER LOCATION, YOU KNOW, TO PULL IT FURTHER AWAY FROM THE WATERCOURSE, AS I UNDERSTAND IT, THE NEAREST AREA OF DISTURBANCE IN CONNECTION WITH THE PROJECT RELATED TO THE BIO RETENTION BASIN IS APPROXIMATELY 19 FEET FROM THE NEAREST EDGE OF THE WATER COURSE. AND LASTLY, UM, WHAT WAS I GONNA SAY? UH, YOU DID SPEAK TO THAT. OH, THE LAST THING I WAS GOING TO SAY WAS THAT THE CONSERVATION ADVISORY COUNCIL REVIEWED THE WETLAND WATER COURSE PERMIT APPLICATION, WHICH IS A REQUIREMENT UNDER CHAPTER TWO 80 AND ISSUED A POSITIVE RECOMMENDATION. THANK YOU. ALRIGHT, AND COULD YOU JUST WALK US THROUGH BRIEFLY, UH, THE MEASURES YOU'LL TAKE TO PROTECT THE, THE WATER COURSE DURING CONSTRUCTION? YEP. WE WILL PUT UP SOT FENCING ALL ALONG THE BOTTOM HERE. UM, AND WE WILL ONLY HAVE THE TRAFFIC GOING INTO THIS GRAVEL PARKING AREA. WE DO A LOT OF THE, UM, THE WORK BY HAND. WE HAVE A VERY SMALL EXCAVATOR, SO WE TRY TO KEEP OUR AREA OF DISTURBANCE VERY MINIMAL. UM, WE USE A VERY LITTLE BACKHOE FOR ALMOST ALL THE WORK. UM, SO WE HAVE THIS GRAVEL PARKING AREA THAT ALL THE CONSTRUCTION EQUIPMENT WILL BE ABLE TO PARK ON. AND REALLY IT'S A VERY CLOSE ACCESS TO OUR PROJECT AREA. UM, SO BESIDES THE SILT FENCE, WE'LL ALSO JUST KIND OF KEEP OUR AREA, UM, OF DISTURBANCE VERY SMALL. GREAT. AND, AND COULD YOU WALK US THROUGH BRIEFLY, UM, THE, THE WATER, WATER RUNOFF MITIGATION THAT'S ASSOCIATED WITH THIS PROJECT? UM, AND SPECIFIC AND SPECIFICALLY, I THINK THERE WAS A QUESTION, UH, AT THE LAST MEETING ABOUT THE, THE RATING OF THE SYSTEM. AND SO IF YOU CAN CONFIRM WHAT THE RATING IS. YES. SO WE INCREASED THE RATING, UH, TO CONTAIN FOR A 50 YEAR STORM. UM, GREG REDID THE CALCULATIONS FOR THAT. SO WHAT WE HAVE IS A BIO RETENTION GARDEN AND HERE'S THE DETAIL OF IT. IT'LL HAVE, UM, AN OVERFLOW PIPE AT THE BOTTOM, THERE'S GRAVEL, AND THEN WE HAVE A LAYER OF SOIL MEDIUM, UM, THAT WILL HELP PERCOLATE THE RUNOFF. AND THEN A LAYER OF MULCH AT THE TOP. AND THEN SPECIFICALLY, UM, PICKED PLANTS THAT WILL DO, WELL, THEY'RE ALL NATIVE SPECIES, SO IT'LL ACTUALLY HELP, UM, ADD SOME BIODIVERSITY INTO [00:10:01] THE BACKYARD. GREAT. AND SO 50 YEAR STORM IS DOUBLE WHAT, WHAT THE CODE CURRENTLY REQUIRES? YES, THAT'S CORRECT. GREAT. UM, ARE THERE ANY OTHER QUESTIONS FROM THE BOARD? NOT AT THIS TIME. ALRIGHT. UH, WELL THIS IS A PUBLIC HEARING. IS THERE ANYONE HERE FROM THE PUBLIC WHO WOULD LIKE TO SPEAK? ALRIGHT, PLEASE, UH, APPROACH THE PODIUM, UH, AND STATE YOUR NAME AND ADDRESS FOR THE RECORD. GOOD EVENING. MY NAME IS MARK MILLER. I LIVE AT 17 OLD FARM LANE ACROSS THE CIRCLE FROM THE RISE. UH, WE'VE BEEN NEIGHBORS FOR ALMOST 25 YEARS. UH, I FIND THEM TO BE EXTREMELY RESPONSIBLE AND RESPONSIVE. UH, GOOD NEIGHBORS, ALL IN ALL. AND, UH, I WOULD ALSO MENTION THAT IF YOU LOOK AT THE, WELL, I GUESS THE, THE SMALLER SCALE, LARGER PICTURE OF OUR CUL-DE-SAC, THERE ARE ALREADY TWO IN-GROUND POOLS IN CON HOUSES THAT ARE NEARBY. IF, IF NOT CONTIGUOUS. UH, I DON'T SEE THIS POOL AND THE SIZE OF IT AS BEING ANYTHING AT ALL INTRUSIVE TO THE NEIGHBORHOOD AT ALL. UH, AS A MATTER OF FACT, I'M KIND OF LOOKING FORWARD TO SHARING IT , BUT I JUST WANTED TO, UH, SPEAK IN FAVOR OF IT AS A NEIGHBOR AND, UH, SPEAK TO, UH, MY RECOMMENDATION TO THE RISES LOVELY PEOPLE. WELL, THANK YOU. THANK YOU. THANK YOU VERY MUCH. UH, IS THERE ANYONE ELSE HERE IN THE ROOM WHO WOULD LIKE TO SPEAK, UH, ON THIS APPLICATION? ALRIGHT, IS THERE ANYONE ON ZOOM WHO WOULD LIKE TO SPEAK ON THIS APPLICATION? ALL RIGHT. SEEING NONE. UH, ARE THERE ANY OTHER FINAL COMMENTS FROM THE BOARD, FROM STAFF? NO. NO. ALRIGHT. UH, THEN I WILL, UH, ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING, UH, AND KEEP THE WRITTEN RECORD OPEN THROUGH JUNE 10TH. SO, MOVED, MOVED, MS. ROBINSON. SECONDED. SECOND. MS. ANDERSON. ALL IN FAVOR? AYE. AYE. CHAIR VOTES. AYE. ALRIGHT. THANK YOU. THANK YOU. HAVE A GOOD EVENING. UH, AND I WILL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING SESSION, UH, OF TODAY'S PLANNING BOARD MEETING. SO MOVED. MOVED, MS. ROBINSON. SECONDED. SECOND, MS. ANDERSON. ALL IN FAVOR? AYE. AYE. CHAIR VOTES? AYE. ALRIGHT. UH, WELCOME BACK TO THE, UH, WORK SESSION FOR THE JUNE 3RD PLANNING BOARD MEETING. UH, WE HAVE THREE ITEMS OF NEW BUSINESS FOR OUR WORK SESSION THIS EVENING. UM, FIRST IS CASE NUMBER PB 26 0 4 GREENVILLE SHOPPING CENTER, EV CHARGERS, UH, AT 7 9 9 8 55 CENTRAL PARK AVENUE SOUTH PO. SCARSDALE. UH, THE APPLICANT IS SEEKING A PLANNING BOARD SHARED PARKING REDUCTION REQUEST. UH, IS THERE SOMEONE REPRESENTING THE APPLICANT HERE? PLEASE, PLEASE APPROACH THE PODIUM, UH, AND STATE YOUR NAME AND YOUR, UH, AFFILIATION WITH THE APPLICATION FOR THE RECORD. AND THANK YOU. UH, THANK YOU, BARBARA. THANK YOU, BARBARA. HAVE A GOOD EVENING. THANKS. AND, AND JUST BEFORE YOU START, UM, WE DID HAVE A QUESTION RELATED TO SOME INFORMATION WE HAVE WITHIN TOWN DOCUMENTATION, BOTH ON OUR AGENDA AND IN OUR STAFF REPORT THAT GOES OUT TO THE BOARD, WHICH INDICATES THAT A TOTAL OF 12 EV CHARGING, UM, EV CHARGING SPACES ARE PROPOSED. AS I UNDERSTAND THAT THE PLANS SHOW 10. SO I JUST WANT YOU TO BE ABLE TO SPEAK TO WHAT IS CURRENTLY PROPOSED. I DON'T KNOW IF THERE WAS A MODIFICATION. THERE WAS A DIFFERENT STAFF MEMBER WHO WAS, UM, LEADING THE PROJECT REVIEW FOR THE TOWN. HE'S NOT PRESENT THIS EVENING, SO JUST WANTED THAT DISCREPANCY TO BE RESOLVED. AND WE WILL UPDATE OUR DOCUMENTATION IF IT'S IN FACT, UH, NOT 12 AND, AND 10 OR SOME OTHER NUMBER. OKAY. THANK YOU. THANK YOU. UH, YEAH. MY NAME IS DEAN ARIS. UM, I WORK WITH KIMLEY HORN. WE ARE REPRESENTING THE APPLICANT FOR THE PROJECT. UM, I OWN A CHARGING, UH, REPRESENTATIVE OF MINE, OR A COLLEAGUE OF MINE IS HERE ALSO REPRESENTING THE APPLICATION. RYAN GRAHAM, UM, WHO'S THE ONE WHO PREPARED THE, THE PARKING MEMORANDUM AND THE PLANS. UM, BRIAN, WOULD YOU JUST PULL UP THE YEAH. THE MAIN AND SHARE MY, UH, SCREEN? YEAH. THANK YOU. THANK YOU. THANK YOU. THANK YOU. ARE EVERY SEE MY SCREEN? YES. THANK YOU. IF YOU COULD JUST GO TO SHEET SHEET EIGHT, BRIAN. GOT IT. [00:15:01] PERFECT. UH, JUST SO GENERALLY IN REGARDS TO THE APPLICATION, UM, WE'RE, WE'RE PROPOSING FIVE, UH, DUAL PORT EV CHARGING STATIONS. THESE ARE DC FAST CHARGERS, UH, WITH ASSOCIATED ELECTRICAL INFRASTRUCTURE, UM, TO POWER THOSE CHARGERS. UM, ALSO INCLUDED IN, IN THE PROPOSED IMPROVEMENTS ARE, ARE VARIOUS STRIPING AND SIGNAGE AS WELL AS PROPOSED LIGHTING. UM, OFF TO THE PAGE WEST THERE YOU'LL ALSO SEE THAT'S WHERE THE TRANSFORMER AND OTHER ELECTRICAL EQUIPMENT IS GONNA BE PLACED TO POWER THE CHARGING STATIONS. UM, IN ADDITION TO THE CHARGING INFRASTRUCTURE, WE'VE ALSO PROPOSED, UM, SOME CONNECTIVITY TO THE SIDEWALK ALONG ROUTE 100, UM, FOR THE PURPOSES OF, OF AN A DA PATH OF TRAVEL TO BE ABLE TO GO OUT TO THE SIDEWALK AND THEN, UM, SUBSEQUENTLY COME BACK INTO THE SITE THROUGH THE ALREADY EXISTING A DA PATH OF TRAVEL. UM, TO YOUR QUESTION BEFORE ABOUT THE, THE CHARGING STATIONS, UM, SO THERE'S FIVE CHARGERS. EACH ONE SERVES TWO STALLS. UM, SO THERE ARE DUAL PORT, SO EACH ONE OF THOSE CHARGING STATIONS WILL SERVE TWO STALLS. UM, SO THAT WOULD MAKE 10 TOTAL OF 10. YEAH. THANK YOU. UM, IN TERMS OF PARKING, UH, WHICH IS I THINK WHAT WE'LL DISCUSS MOST TODAY, UM, WE ARE PROPOSING A NET REDUCTION OF FIVE PARKING STALLS. UM, THIS IS AS A RESULT OF, UH, LOCATING THE ELECTRICAL INFRASTRUCTURE IN SOME OF THE PARKING AREAS THAT ARE EXISTING, NAMELY THE, THE, UH, THE INFRASTRUCTURE TO THE WEST, WHICH IS THE TRANSFORMER, AND THEN SOME OF THE POWER CONTROL CABINETS, WHICH ARE ADJACENT TO THE PARKING STALLS THERE THEMSELVES. UM, ALSO AS A RESULT OF, OR DUE TO THE PARKING REDUCTION IS AS A RESULT OF THE A DA PARKING THAT WE'RE PROVIDING THERE AS WELL AS A THROUGH NEW YORK STATE, UH, BUILDING CODE. WE'RE, WE'RE, WE'RE, UM, WE'RE, UH, BEHOLDEN TO, TO PLACE ONE A DA PARKING STALL. UM, SO INCLUDING THE APPLICATION IS A, IS A PRETTY DETAILED PARKING DEMAND ANALYSIS, UM, THAT GOES THROUGH SOME OF THE JUSTIFICATIONS FOR THE OVERALL PARKING REDUCTION AND DOES AN ANALYSIS BASED ON THE ENTIRE SITE AS A WHOLE. UM, SO IN TERMS OF, OF THE TOTAL PARKING FOR THE, FOR THE ACTUAL CENTER ITSELF, UM, THE TOTAL PARKING GOES FROM 463 STALLS, WHICH ARE TOTAL THERE EXISTING TODAY DOWN TO, UH, 458. UM, AND SO THAT'S, THAT'S GENERALLY, UM, THE APPLICATION. UH, MORE SO ON THE OPERATIONS SIDE OF THINGS. UM, THE TYPICAL DWELL TIME FOR THESE CHARGING STATIONS IS ABOUT 30 TO 60 MINUTES. UM, THEY'RE FAST CHARGERS, SO YOU KNOW, FOLKS AREN'T SITTING AROUND THERE FOR A LONG TIME. IT'S ALSO NOT, YOU KNOW, QUICK TRIP IN AND OUT. UM, AND THAT TYPICALLY IT, IT RANGES ON, ON THE TYPE OF CAR THAT FOLKS USE FOR THE CHARGING STATION ITSELF. BUT IN, IN THAT RANGE OF, IN THAT RANGE OF 30 TO 60 MINUTES. UM, SOME OTHER IMPORTANT NOTES ON THE APPLICATION IS THAT IN THIS AREA WHERE WE'RE PROPOSING THESE CHARGING STATIONS, THERE CURRENTLY EXISTS IN OLDER CHARGING STATION, UM, AND SOME ELECTRICAL EQUIPMENT ASSOCIATED WITH THAT, WHICH IS, UM, ACTUALLY A LITTLE BIT FURTHER CLOSER TO THE STREET THAN WHAT WE ARE PROPOSING. UM MM-HMM . WE ACTUALLY BELIEVE IT TO BE SORT OF OFF THE PROPERTY BOUNDARY SLIGHTLY. UM, SO THAT'S JUST ONE IMPORTANT NOTE. AND, AND THAT'LL ALL BE REMOVED AS A PART OF THIS PROJECT? THAT'S CORRECT. YEAH. THAT WILL ALL BE REMOVED AND THEN A WHOLE NEW SET OF CHARGING STATIONS WILL GO IN THERE AND, AND ANYTHING UNDERGROUND WILL, WILL ALSO BE REMOVED. THAT, THAT'S NOT BEING REUSED. THAT WON'T BE REUSED. I I DON'T BELIEVE IT WILL BE REMOVED. IT'D RATHER BE ABANDONED IN PLACE, UM, IF IT'S JUST EMPTY CONDUIT. UM, BUT YOU KNOW, ANYTHING THAT'S NOT WITHIN THE LIMITS OF DISTURBANCE WHERE WE'RE TEARING UP, YOU KNOW, GREENERY OR PAVEMENT TO INSTALL OUR FUTURE ELECTRICAL INFRASTRUCTURE, THAT THAT CONDUIT WILL JUST BE ABANDONED. OKAY. AND THIS IS A DIFFERENT PROVIDER? DIFFERENT PROVIDER, YES. OKAY. UM, I KNOW THE DEPUTY BUILDING INSPECTOR MADE A RECOMMENDATION ON THIS, UH, DEPUTY COMMISSIONER SCHMIDT, COULD YOU SUMMARIZE THEIR RECOMMENDATION? YES. AND BEFORE I DO, JUST, UH, ONE QUESTION WITH RESPECT TO THE DC FAST CHARGERS, ARE THESE INTENDED TO BE UNIVERSAL CHARGERS OR SPECIFIC TO EITHER TESLA OR OTHER MANUFACTURERS? I BELIEVE THERE'S TWO, TWO DIFFERENT TYPES. MAYBE RYAN WOULD BE THE BEST TO ANSWER THAT OVER THE, OVER THE PHONE HERE IF HE COULD. YEAH, I, I CAN JUMP IN. THE, THE, THE INTENT IS UNIVERSAL. SO ON THIS SHEET, UM, YOU'LL ACTUALLY SEE HIS DESIGNATED WHICH STALLS ARE WHICH. SO YOU HAVE CCS PORTS, THAT'S FOR EVERYTHING. ESSENTIALLY NON TESLA. AND THAT'S, YOU KNOW, THESE SIX STALLS HERE. AND THEN THE FOUR STALLS TO THE EAST ARE THE NACS OR THE CENTRAL NORTH AMERICA CHARGING STANDARD. SO NO MATTER WHAT VEHICLE YOU DRIVE, YOU CAN CHARGE HERE. GREAT. OKAY. UM, SO DEPUTY COMMISSIONER SCHMID, I KNOW THE DEPUTY BUILDING INSPECTOR MADE A RECOMMENDATION. COULD YOU SUMMARIZE THAT? YES. [00:20:01] SO THE DEPUTY BUILDING INSPECTOR ISSUED A MEMORANDUM DATED MAY 14TH, 2026, INDICATING THAT THEY HAD REVIEWED THE APPLICANT'S PROPOSAL, UH, WHICH WOULD RESULT IN A NET LOSS OF FIVE OFF STREET PARKING SPACES REDUCING DOWN THE TOTAL SITE COUNT FROM 463 AS MENTIONED, UM, TO 458 PROPOSED. THEY ALSO REVIEWED THE MEMORANDUM PREPARED BY RYAN GRAHAM OF KIMLEY HORN, UH, WHICH DID CONCLUDE THAT THE SHARED PARKING REDUCTION REQUEST WOULD CONTINUE TO PROVIDE ADEQUATE PARKING FOR, UH, THE DEVELOPMENT. AND BEYOND THAT, THE DEPUTY BUILDING INSPECTOR'S MEMO JUST IDENTIFIED, UM, THE SECTION OF THE CODE WHICH SHARED PARKING FALLS UNDER, WHICH IS SECTION 2 85 DASH 38 D FIVE OF THE ZONING ORDINANCE, WHICH INDICATES WHERE IT CAN BE CONCLUSIVELY DEMONSTRATED TO THE SATISFACTION OF THE PLANNING BOARD UPON RECOMMENDATION BY THE BUILDING INSPECTOR THAT ANY OR ALL OF THE FOLLOWING SITE CHARACTERISTICS OCCUR, A ONE OR MORE USES WILL BE GENERATING A DEMAND FOR PARKING SPACES PRIMARILY DURING PERIODS WHEN THE OTHER USE OR USES ARE NOT IN OPERATION OR ARE NOT LIKELY TO GENERATE A SUBSTANTIAL DEMAND FOR PARKING. B, SUFFICIENT LAND AREA EXISTS FOR LAND BANKED OFF STREET PARKING SPACES, SUBJECT TO SITE PLAN OR AMENDED SITE PLAN APPROVAL AND RELATED APPROVALS IF DEEMED NECESSARY FROM THE APPROPRIATE APPROVING AGENCY. AND C, THE APPLICANT PRESENTS DOCUMENTS UNDER UTILIZATION OF EXISTING OFF STREET PARKING SPACES, WHICH HAPPENS TO BE THE CASE IN CONNECTION WITH THIS APPLICATION. SO, UH, BUILDING INSPECTOR'S OFFICE ULTIMATELY, UH, MADE A POSITIVE RECOMMENDATION THAT THE PLANNING BOARD, UM, MAY CONSIDER THIS REQUEST OF THE APPLICANT AND THAT THE REDUCTION OF FIVE OFF STREET PARKING SPACES WOULD NOT NEGATIVELY IMPACT THE SITE OR VISITORS TO THE SITE. GREAT, THANK YOU. UM, SO NOW I KNOW THE, I KNOW THE APPLICANT IS ALSO, UH, UH, SUGGESTING OR PROVIDING SOME INTERNAL, UH, CROSSWALK IMPROVE OR CROSSWALK IMPROVEMENTS AS A PART OF THE PROJECT. UM, COULD YOU WALK US THROUGH THOSE IMPROVEMENTS INTERNALLY WITHIN THE SITE? AND I THINK THERE WAS TWO, I THINK THERE WAS TWO PROPOSED OPTIONS THAT, UM, I I GUESS WE CAN TALK THROUGH THE PROS AND CONS OF EACH NOW. SURE. THE PRIMARY PROPOSED OPTION IS REALLY TO TIE BACK INTO THE RIGHT OF WAY SIDEWALK. YOU CAN SEE , I, I KNOW IN OUR PACKET THERE WAS ONE DIAGRAM THAT HAD THE TWO SIDEWALKS. WERE YOU ABLE TO PULL THAT UP? I THINK THE ACCESSIBILITY EXHIBIT. YEAH. THANK YOU. YEP. OKAY, GREAT. THANK YOU. RIGHT. YEAH. AND SO WE HAD LOOKED AT SOME ALTERNATES. AGAIN, THE, THE OBLIGATIONS TODAY SHOWED WAS SHOWING THE BLUE HAIR CONNECT BACK INTO THE RIGHT OF WAY SIDEWALK. WE FELT THAT WAS MOST EFFICIENT AND SAFE TO UTILIZE THE ROUTES, BUT WE DID SHOW THE ALTERNATES. ONE WOULD BE, YOU KNOW, CONNECTING ESSENTIALLY TO THE FRONT DOOR OF BANK, UM, WHICH YOU SEE HERE IN GREEN, UM, AGAIN, FROM THE EXISTING A DA ACCESS AREA TO THE BANK. AND THE SECOND IS RED, WHICH WOULD BE REMOVING ANOTHER PARKING SHELTER TOO IN ORDER TO UTILIZE THE EXISTING A DA ACCESS AISLE IN FRONT OF THE BANK TODAY. UM, SO AGAIN, HAPPY TO DISCUSS OR HEAR QUESTION WITH EITHER OF THOSE, BUT FROM OUR PERSPECTIVE, NEITHER ONE OF THOSE IS IDEAL COMPARED TO THE PROPOSED SOLUTION. ALRIGHT. AND SO YOUR, YOUR, YOUR, YOUR PREFERRED SOLUTION IS THE GREEN, UH, SIDEWALK. IS THAT WHAT STRUCK? NO, SO SORRY. THE, THE NE NEITHER OF THESE TWO ARE PREFERRED. THE PREFERRED IS WHAT'S SHOWN HERE IN BLUE. IT'S MUCH SIMPLER AND WE BELIEVE IT'S, IT'S SAFER THAN TRYING TO CROSS DIAGONALLY LIKE THIS WHERE YOU'RE HAVING VEHICLES COME IN. RIGHT. INSTEAD YOU'RE USING THE EXISTING ROUTE THAT TODAY AND, AND FURTHER, IT ACTUALLY PROVIDES A BETTER FLEXIBILITY BECAUSE DOWN THIS SIDE OF THE RIGHT OF WAY, IT DOESN'T QUITE SHOW ON THE SHEET, BUT THERE'S ANOTHER ACCESS TO THIS OTHER RETAIL BUILDING ON SITE. SO THERE'S MORE FLEXIBILITY FOR, YOU KNOW, FOLKS IN THE, IN THE TOWN WHO MAY BE COMING IN AND CHARGING TO GET TO . GOT IT. AND, AND SO COULD YOU, UM, I GUESS WHERE ARE THE NEAREST CROSSWALKS CROSSING CENTRAL AVENUE FROM THE SITE? I KNOW THERE'S ONE AT MOUNT JOY. AND, AND THEN MY NEXT QUESTION, WHILE, WHILE WE HAVE STREET VIEW UP, UM, ARE ALL OF THE, UH, CURB CUTS CROSSED OR ARE ALL THE CURB CUTS CROSSWALK ACROSS THE, THE DRIVE LANE? YEAH, I, I [00:25:01] CAN, I CAN SHOW THAT. SO, UM, DRIVE BACK IN AND SO THE, THE NEW ACCESS WOULD ESSENTIALLY BE RIGHT HERE. RIGHT? AND SO WHAT IT ALLOWS YOU TO USE THE EXISTING ROUTE TO COME INTO THE BANK HERE, WHICH IS AGAIN, CROSSWALK PIN WITH ACCESSIBLE RAMS TODAY MM-HMM . UM, AND THEN, YOU KNOW, YOU COULD CONTINUE ON AS WELL, BUT ALSO AS YOU CONTINUE THIS DIRECTION HERE, UM, LIKE I WAS SAYING IS JUST OFF THE PLAN SHEET, BUT THERE IS ANOTHER, A ACCESSIBLE STALL AND ENTRY TO THESE RETAIL SHOPS AS WELL. OKAY. SO WE FELT THEY PROVIDED MORE FLEXIBILITY. AND SO I'M NOT, I'M NOT SURE WHEN THIS PHOTO IS FROM, I'M NOT SEEING PAINTED CROSSWALKS ACROSS THE, THE, THE, THE DRIVE LANE. OH, I SEE. YEAH. THAT, THAT IS TRUE. THEY'RE NOT ACTUALLY PAINTED. UM, THEY'RE, THEY'RE DEMARKED BY CONCRETE INSTEAD OF BASKETBALL. WOULD THAT IS, THAT IS TRUE. WOULD A PAINTED CROSSWALK BE AN OPTION THERE? I I THINK WE'RE OPEN TO THE IDEA. UM, SURE. OKAY. SO I THINK THERE'S ONE THERE AND THEN IF, IF THAT'S THE LANE OF TRAVEL THAT YOU'RE SUGGESTING AS THE, AS THE PREFERRED ROUTE AND THEN THE SAME THERE, THERE'S NO PAINTED CROSSWALK. YEAH. I THINK THE ONE THING I I'LL SAY ABOUT THAT, WE'LL NEED TO DOUBLE CHECK WE, YOU KNOW, BEING STATE ROUTE, UM, WE'RE ALREADY WORKING IN, IN THERE RIGHT AWAY UNTIL, LET'S JUST MAKE SURE THAT, YOU KNOW, THEY'RE OKAY WITH AS WELL, BUT SURE. THE IDEA THAT SURE. UM, 'CAUSE YEAH, 'CAUSE IF A PEDESTRIAN IS CROSSING ACROSS CENTRAL AVENUE, THEY'LL, THEY'LL HIT IF, IF THEY'RE COMING FROM THE NORTH, THEY'LL THEY'LL HIT THAT CROSSWALK BEFORE THEY WOULD NEED TO. YEAH. IF THEY'RE CROSSING THERE, THEY WOULD HIT THE EXISTING INTERNAL CROSSWALK SYSTEM BEFORE THEY WOULD NEED TO, TO GET TO THE CHARGING STATIONS. AND SO IT'S REALLY ONLY IF THEY'RE CROSSING MIDBLOCK THAT THEY SHOULDN'T BE TO BEGIN WITH THAT THEY WOULDN'T BE ABLE TO CONNECT TO THE EXISTING CROSSWALK, INTERNAL CROSSWALK SYSTEM. UM, AND THEN IF THEY'RE COMING FROM THE SOUTH, I GUESS THAT WOULD BE THE SAME WITH THE CROSSWALK THAT YOU JUST, YOU JUST SHARED. THAT'S RIGHT. YEP. UM, BUT YEAH, MY, MY, MY STRONG RECOMMENDATION WOULD BE TO, TO PAINT, UH, THOSE CROSSWALKS THAT AREN'T, AREN'T CURRENTLY, CURRENTLY PAINTED. YES. ALRIGHT. ARE THERE ANY OTHER QUESTIONS OR COMMENTS FROM THE BOARD? YES. ALRIGHT. MS. ROBINSON, UM, IN YOUR, IN YOUR C 2.1 SIDE PLAN, UM, JUST SOUTH OF THE CURRENT ONE YES. JUST SOUTH OF WHERE YOU HAVE THE, UM, THE HANDICAP ACCESS, YOU HAVE A PROPOSED, UH, PET STATION OR PET WASTE STATION MM-HMM . YES. WHO, WHO WILL MAINTAIN THAT? YEAH, SO I, DAVID LANE WITH IANA IS ACTUALLY ON THE PHONE. SO DAVID, IF YOU WANT TO CHIME IN THERE, FROM MY UNDERSTANDING, YOU ALL HAVE, YOU KNOW, LOCAL FOLKS WHO ARE BOOSTING THE GROUND TO SERVICE ALL OF THE TRASH CANS AND AT WASTE STATIONS. BUT IF YOU WANNA ADD COLOR THERE, I'D WELCOME THAT. OKAY. HI, CAN EVERYONE HEAR ME OKAY? YES. OKAY. I'VE HAD SOME TECHNICAL DIFFICULTY. MY COMPUTER IS GOING VIA PHONE. UM, YES, WE HAVE, UM, CONTRACT AGREEMENTS WITH, UH, LOCAL MAINTENANCE, UH, PARTNERS THAT WILL SERVICE THE, UM, CHARGING FACILITY TO, UM, EMPTY, YOU KNOW, TRASH ON REGULAR BASIS. UM, SO THAT'S, UM, YOU KNOW, WE WILL MAINTAIN THE PETWAY STATION WITH THOSE SERVICES. AND MR. LANE YOU'RE AFFILIATED WITH, JUST FOR THE RECORD? YES. EXCUSE ME. UH, UH, I'M, UH, SITE ABOVE SITE DEVELOPMENT MANAGER FOR I, FOR, UH, THE PROJECT IN SCARSDALE. THANK YOU. AND THEN FOR THE, FOR THE PET WASTE STATION, IS THE AREA GOING TO REMAIN GRASS OR IS THAT GOING TO BE PAVED? WHAT IS THE IDEA THERE? THE, THE PLAN IS TO LEAVE IT, LEAVE IT GRASS AND IT'S ESSENTIALLY, YOU KNOW, GONNA BE THE SIGN WITH, WITH THE PET BAGS AS NEEDED SO THAT FOLKS ARE TRAVELING ALONG THIS CORRIDOR STOPPING AND HAVE PETS, YOU KNOW, AND, AND GET THEM OUT OF THE CAR. THEY HAVE THAT AS AN OPTION. OKAY. OKAY. AND THEN THE, THE LITTLE OBJECTS THAT ARE OPPOSITE ENDS OF IT, WILL THOSE BE TREES OR WILL THAT BE MORE GRASS OR BUSHES, , THOSE ARE EXISTING TREES. YEAH. SO WE'RE NOT, I CAN GO BACK TO THE VIEW. YEAH. WE'RE PROPOSING TO LEAVE. OKAY. THIS ISLAND AS IS, KEEP THE TREES IN THE GRASS. YEAH. OKAY, GREAT. UH, [00:30:01] AS PART OF THE PET STATION, ARE THERE GONNA BE, UM, LIKE PET PET BAGS AND, AND A AVAILABLE OR IS IT OKAY? YES. . SO THE, AND DAVID AGAIN CHIME IN IF I SAY ANYTHING WRONG, BUT MY UNDERSTANDING IS IT'S, IT'S A SIGN THAT SAYS PET WASTE STATION AND, AND IT INCLUDES A ROLL OF BAGS. SO FOLKS WHO HAVE PETS WHO MAY BE, YOU KNOW, WALKING 'EM UP AND DOWN THE SIDEWALK. GREAT. THEY FORGOT BAGS. GREAT. THEY HAVE SOME BACKUP HERE. AND THEN ALSO A GARBAGE CAN THAT'LL BE EMPTIED WITH SOME REGULARITY AND, AND YES. BUT I WILL SAY THE GARBAGE CANS ACTUALLY ARE LOCATED HERE. BUT YES, THERE'S THREE GARBAGE CANS AND, AND AS DAVID MENTIONED, THEY HAVE CONTRACTS FOR THE LOCAL SERVICE GROUP WHO HANDLE THOSE. YEP. GREAT. IS THE, UM, IS THE LIGHTING PLAN STILL OPEN? BECAUSE I THOUGHT WE GET, INCLUDE A LINE, BUT I CAN SHOW THAT IF THAT WOULD BE HELPFUL. I, IT WOULD BE FOR ME. I, YEAH. YEAH. 'CAUSE I THINK IN THE RESPONSE LETTER IT COMMITTED TO PROVIDING THE, THE PLAN PRIOR TO FINAL APPROVAL. SO I WAS JUST WONDERING IF IT WAS STILL OPEN. YEAH, IT IS INCLUDED. SO THE PHOTOMETRIC SITE PLAN IS EACH 2.0. UM, AND SO WE DID MODEL THE PROPOSED LIGHTS ESSENTIALLY SHOWING THAT WE'RE NOT CASTING ANYTHING OVER, YOU KNOW, 0.9 FOOT CANDLES PAST THE PACKET CURB, REALLY KEEPING ALL THE LIGHT FOCUSED AND THE STALLS SO THE CUSTOMERS FEEL SAFE USING THIS AREA, UM, AT NIGHT, BUT NOT, YOU KNOW, AND, AND WE HAVE THE LIGHT SHIELDED SO THAT THEY'RE NOT CASTING THE LIGHT ON. AND ARE THE, ARE THE EV CHARGING STATIONS AVAILABLE 24 7 OR THEY'RE LIMITED HOURS? HOW, HOW DOES THAT WORK? THEY'RE AVAILABLE 24 7 FROM MY UNDERSTANDING. YES. ALRIGHT. AND SO THE LIGHTING WILL ALSO BE ON 24 7. ALRIGHT. AND IS THAT CODE COMPLIANT OR ARE THERE ANY, THERE HASN'T BEEN ANY FEEDBACK FROM THE BUILDING INSPECTOR'S OFFICE, UH, BUT WE CAN DOUBLE CHECK BEFORE THE PUBLIC HEARING. GREAT. UM, ALRIGHT, ARE THERE ANY OTHER QUESTIONS FROM THE BOARD? UM, YEAH, I'VE GOT ONE MORE. UM, SO IN THE STAFF REPORT, UM, AND MENTIONED THAT THE APPLICANT'S REQUIRED TO COMPLY WITH THE TOWN CODE PERTAINING, PERTAINING TO STORM WATER MANAGEMENT. UM, ARE THERE ANY OPPORTUNITIES HERE FOR YOU TO INCREASE, UM, UM, THE STANDARDS WITH RESPECT TO STORM WATER MANAGEMENT HERE? I HAVE NOTICED AT VARIOUS POINTS IN TIME THERE CAN BE FLOODING ALONG CENTRAL AVE. UM, I'M NOT SURE ABOUT RIGHT HERE, BUT I, I THINK ANY OPPORTUNITY TO, UM, HAVE THE STORM STORMWATER MANAGEMENT IMPROVED WITH, UM, WITH NEW DEVELOPMENTS WOULD BE GREAT. SURE. YEAH, I, I, I CAN TOUCH ON THAT AND YEAH, YOU KNOW, WE WILL DEFINITELY PUT MORE INFORMATION , BUT, SO WHAT WE TRY TO DO IS LOOK AT THE SITE AND UNDERSTAND HOW MUCH IMPERVIOUS AREA WE'RE ADDING IT. IT WAS RELATIVELY SMALL. WE WERE TALKING ABOUT, YOU KNOW, AROUND A HUNDRED SQUARE FEET. BUT TO YOUR POINT, TO MITIGATE THAT, WE'VE INCLUDED TWO STALLS OF PERVIOUS PAVERS SO THAT WE'RE OFFSETTING THE IMPERIOUSNESS OF EXACTLY TO YOUR POINT, WE'RE TRYING TO COMPENSATE FOR ANY INCREASED FLOWS AND ESSENTIALLY NOT. YEAH. AND, AND I DON'T, I DON'T BELIEVE OUR CODE PERMITS PERVIOUS, PAYABLES PAVERS TO BE USED, UM, AS AN OFFSET FOR INCREASED IMPERVIOUS SURFACE. SO I DON'T BELIEVE EITHER. HOWEVER, UM, THE APPLICANT INDICATED THAT THERE'S A NET INCREASE OF ROUGHLY 100 SQUARE FEET OF IMPERVIOUS. THE STORMWATER MANAGEMENT, UH, CODE SECTION THAT WOULD, UH, APPLY TO THIS INSTANCE HAS A THRESHOLD OF 500 SQUARE FEET. SO, UM, THERE WOULD BE NO STORMWATER MANAGEMENT SYSTEM, UH, REQUIRED, AS I UNDERSTAND IT UNDER THE CODE, WE WILL CHECK IN WITH OUR BUREAU OF ENGINEERING, BUT NEVERTHELESS, THE APPLICANT, YOU KNOW, EVEN THOUGH ONE'S NOT REQUIRED, THE APPLICANT'S TAKEN INTO CONSIDERATION THE FACT THAT THEY ARE INCREASING OVERALL IMPERVIOUS AND WHILE THEY WON'T GET CREDIT BECAUSE OUR, UH, TOWN CODE AND ZONING ORDINANCE DOESN'T, UH, GIVE CREDIT TO OUS SURFACES. RIGHT. THEY ARE PROPOSING THOSE, MY FOLLOW UP QUESTION FOR THE APPLICANT WOULD BE, UH, PERVIOUS PAVERS OFTEN REQUIRE MAINTENANCE AND JUST WONDERING IF, UH, MAINTENANCE, UM, GUIDELINES OR MANUAL YOU HAVE THOSE OR IF THEY WERE ALREADY PROVIDED. UM, 'CAUSE USUALLY I THINK OVER TIME THE VOIDS GET FILLED AS YOU KNOW, THE LOT IS SALTED AND SANDED AND AT TIMES CAN REQUIRE LIKE A VACUUM TRUCK OR [00:35:01] SOMETHING TO CLEAR THE VOID SPACE. YEAH. THAT'S NOT BEEN PROVIDED AND, AND CERTAINLY FAMILIAR WITH THAT WE CAN PROVIDE THAT IF THIS IS, YOU KNOW, ACCEPTABLE TO THE TOWN OF COURSE. OKAY. YEAH, THAT WOULD BE HELPFUL. MM-HMM . AND SO DO YOU IMAGINE, YOU KNOW, FOR WHO, WHO DO YOU IMAGINE, UM, THE PRIMARY CLIENTELE FOR THESE CHARGING STATIONS? ARE THESE PEOPLE WHO ARE SHOPPING AT, AT THESE RESTAURANTS AND STORES, OR ARE THEY ROAD TRIPPING AND, AND JUST STOPPING HERE AND, AND WAITING IN THEIR VEHICLE? UM, WHAT, WHAT DO YOU IMAGINE? SURE. AND, AND AGAIN, DAVID, YOU CAN JUMP IN AND ADD ANYTHING, BUT FROM, FROM MY PERSPECTIVE, YOU KNOW, I I, I PERSONALLY DRIVE IN MYSELF AND, YOU KNOW, WHEN I'M GOING ABOUT MY, MY DAILY BUSINESS, IF I SEE A CHARGING LIKE THIS, I'M CERTAINLY GOING TO, YOU KNOW, STOP IN DATA THAT BUSINESS OR MAYBE ARE IN THE AREA. SO I THINK IT'S GONNA BE A LOT OF FOLKS WHO ARE ALREADY USING THIS AREA TODAY, YOU KNOW, WHICHEVER OF THE BUSINESSES ON SITE THEY MAY BE USING. UM, AND THEN THERE CERTAINLY WILL BE A PERCENTAGE OF FOLKS WHO, YOU KNOW, MAY BE TRAVELING THROUGH THE AREA AND SEE THIS AS A PLACE TO STOP, YOU KNOW, FOR HALF AN HOUR OR SO. LIKE DEAN MENTIONED, BALANCE STUDENT FOLKS OR GENERAL GROUPS. DAVID OR, OR DEAN, IF YOU WANT TO ADD ON TO THAT. BRIAN, YOU DID A GREAT JOB AS I IT LIKELY A COMBINATION OF BOTH. WE HAVE SOME LOCAL CUSTOMERS THAT WILL COME AND CHARGE. UM, WE HAVE, UH, YOU KNOW, WE STRIVE TO BE, UM, WE VERY RELIABLE. WE DO HAVE PROBABLY READY TO SHIFT RELIABILITY, SO WE EXPECT PEOPLE TO ALSO, UM, THAT MAY BE TRAVELING THROUGH JUST TO KNOW THAT IT'S A RELIABLE CHARGING SERVICE VISIT AND, UM, YOU CHARGE FOR YOU AN AVERAGE OF 36 MINUTES OR SO. UM, AND, YOU KNOW, ALSO PROVIDE THE BUSINESS TO THE SHOPS AND TAKE A BREAK, USE THE RESTROOMS. GREAT. AND THIS IS A PAY PER USE STATIONS? CORRECT. OKAY. IT CAN BE THROUGH CREDIT CARD SYSTEM OR THROUGH, UH, SOME OF THE, UM, THE DATA MANUFACTURERS, UM, AS WELL. YOU, YOU, YOU, YOU, YOU MAKE AN INTERESTING POINT. YOU, YOU MENTIONED USE THE RESTROOMS. WHAT, WHAT RESTROOMS WOULD BE AVAILABLE TO THEM, BECAUSE I KNOW, UM, I THINK THERE'S A RESTAURANT THERE THAT HAS A RESTROOM, BUT I PRESUME, UM, YOU'D HAVE TO BE A PATRON OF THE RESTAURANT TO USE THE RESTROOM UNLESS YOU HAVE SOME SORT OF AGREEMENT. UM, I THINK THERE'S AN AT AND T STORE, I DON'T KNOW IF THERE'S RESTROOMS THERE OPEN TO THE PUBLIC, THERE'S A HOME GOODS THERE, THERE MIGHT MIGHT BE RESTAURANT RESTROOMS THERE. UM, SO ARE, ARE RESTROOMS A A PART OF THE THOUGHT OR JUST DEPENDS ON WHERE THE, THE USER VISITING SITE IF THEY NEED TO USE IT, YOU KNOW, IF THEY CHOOSE TO VISIT A RESTAURANT AND, YOU KNOW, NEED THAT. BUT, UM, YEAH, I, I GUESS I'LL SPEAK MORE GENERALLY TOO FOR SOME, SOME OTHER SITES AS WELL. WE'LL PARTNER, BUT, UM, YOU KNOW, FUELING STATIONS AND THINGS, BUT RIGHT. JUST, YOU KNOW, OPTION OPPORTUNITY JUST FOR THAT AMENITY IF IT'S NEEDED SINCE IT'S LOCATED IN A CENTER THAT MAY HAVE THOSE FACILITIES. OKAY. UM, ARE THERE ANY OTHER QUESTIONS FROM THE BOARD? NO. ANY OTHER COMMENTS FROM STAFF? NO. ALRIGHT. UH, THEN I WILL SCHEDULE THE PROJECT, UH, FOR CONSIDERATION OF A SECRET DETERMINATION AND DECISION FOR THE JUNE 17TH MEETING AND ASK STAFF TO, UH, WRITE UP A RECOMMENDATION OR WRITE UP A DECISION. OKAY. WE WILL DO THAT. WE'LL SEE YOU BACK HERE ON THE 17TH. THANK YOU. GREAT. THANK YOU. THANK YOU. YOUR TIME. THANK YOU. ALL RIGHT. UH, NEXT UP WE HAVE CASE NUMBER PB 25 0 5 BARCO, UH, AT EIGHT WILLOW LANE, UH, PO IRVINGTON. UH, AND THE APPLICANT IS SEEKING A PRELIMINARY SUBDIVISION, UH, APPLICATION. GOOD EVENING. JUST FOR THE RECORD, UH, AND IF YOU CAN STATE YOUR NAME AND YOUR, UH, RELATION TO THE APPLICANT FOR THE RECORD. SURE. GOOD EVENING. UH, MICHAEL BARAKAT. I AM THE, UH, OWNER OF EIGHT WILLOW LANE AND THE APPLICANT, UH, SHARE MY SCREEN NOW. YES, JUST FOR THE RECORD, IT'S CASE NUMBER PB 26 DASH FIVE OH, DID I SAY 25? OKAY. 26 0 5. OKAY. UM, SO THE PROPOSAL HERE IS, UH, LOT LINE SHIFT, UM, AS THE DESCRIPTION SAYS, UH, I'M AT EIGHT WILLOW LANE AND 1 6 5 TAXTER ABUTS THE PROPERTY FOR NEIGHBORS. UM, THIS IS A SMALL, UH, PIECE OF THE ARCHITECTURAL DRAWING OR THE, UH, THE SURVEY'S DRAWING, UM, WHICH DOESN'T LOOK LIKE MUCH ON THE SCREEN, SO I CAN YOU JUST BLOW THAT UP? YEAH, WELL, I WAS GONNA SAY IT DOESN'T LOOK LIKE MUCH ON THE SCREEN AND IT'S [00:40:01] PART OF THE APPLICATION PACKAGE, SO I TOOK THE LIBERTY OF ALSO, UM, SHOWING SOME GOOGLE MAP, UH, DRAWINGS JUST TO KIND OF HELP WITH THAT. THAT'S HELPFUL. UM, CAN, THERE WE GO. OKAY. SO RIGHT THERE IS THE PROPOSED LOT LINE, UM, AND AGAIN, THIS REALLY DOESN'T DEMONSTRATE, UM, ON THIS FORMAT WHAT, UH, WHAT I'D LIKE TO DO. SO IF YOU DON'T MIND, I'LL SHOW YOU JUST FROM THE GOOGLE EARTH OR GOOGLE MAP PERSPECTIVE, THAT'S WHERE THE CURRENT LOT LINES ARE. SO, UH, EIGHT WILLOW LANES PROPERTY BOUNDARIES ARE IN RED AND, UH, 1 6 5 TAXERS PROPERTY BOUNDARIES ARE IN THE YELLOWISH ORANGE, AND THE PROPOSAL IS TO MOVE THE BOUNDARY SO THAT PART OF THE BACK PORTION OF ONE SIX FIVE'S YARD WOULD BECOME EIGHT WILLOW LANE'S YARD. UM, AS THE DESCRIPTION SAID, WE'RE NOT LOOKING TO DO ANY KIND OF MODIFICATIONS, WE'RE JUST LOOKING TO INCREASE THE PLAY YARD SPACE, UH, FOR THE KIDS TO PLAY. I IT, ONE OF THE REASONS I WANTED TO REFER TO THIS DRAWING, AND I'LL JUST GO BACK FOR A SECOND, IS BECAUSE IF YOU NOTICE, UH, THE 1 6 5 TAXED OR ROAD PROPERTY KIND OF COMES TO AN ANGLE, AND WHEN I APPROACHED, UH, THE OWNER, MY NEIGHBOR LORI, UM, SHE SAID, YOU KNOW, I DON'T, I DON'T USE THAT SPACE BACK THERE. IT'S KIND OF AN AWKWARD, UH, AWKWARD SPACE. SO WHEN I ASKED HER IF THIS IS SOMETHING SHE CONSIDERS, SHE SAID, ABSOLUTELY, YOU KNOW, I DON'T GO BACK THERE AND I REALLY DON'T USE IT. AND AS YOU CAN SEE FROM THE PROPERTY BOUNDARY, UM, WE COULD USE IT. UM, IT'S, IT'S REALLY NICELY SHAPED WITH OUR BACKYARD AND OUR SIDE YARD. UM, AND SO THAT'S THE, THAT'S THE PROPOSAL THAT WE'RE BOTH BRINGING TO YOU. UM, PER THE APPLICATION, LORI'S OBVIOUSLY ON BOARD WITH THIS. I WOULDN'T HAVE BROUGHT IT IN IF SHE'S NOT. I, AND, UH, THIS IS WHAT WE'RE PRESENTING FOR YOUR CONSIDERATION. UH, I HAVE A FEW QUESTIONS, BUT DEPUTY COMMISSIONER SCHMID SINCE WE HAVE IT OPEN, AND YOU HAD INDICATED THAT, UM, YOU KNOW, IT ALIGNS WELL WITH YOUR EXISTING YARD SPACE. I'M ACTUALLY FAMILIAR WITH THE PROPERTY. I KNEW A FORMER OWNER OF THE PROPERTY, FRAN AS CHAIR FRAN WAS OF THIS BOARD WAS CHAIR. YEAH. YES. UM, FROM A GRADE PERSPECTIVE IS THE GR THERE'S NO GRADE DIFFERENCE BETWEEN, UM, YOU KNOW, THE EDGE OF YOUR PROPERTY, IT JUST FLOWS SMOOTHLY. LIKE YOU'RE NOT GONNA HAVE TO ALTER ANY GRADE. NO, NO, NO, NO. DO ANY WORK. THERE'S NO ALTERATIONS BEING CONSIDERED FOR TWO REASONS. NUMBER ONE, WE HAVE NO FINANCIAL AMBITIONS TO DO SO, AND NUMBER TWO, WE REALLY JUST WANT IT FOR EXTENDED PLAY SPACE FOR THE KIDS. UM, SO THERE'S NO, NO GRADING CHANGES, NOTHING LIKE THAT. ANY OTHER TYPE OF DEMARCATION, FENCING OR ANYTHING LIKE THAT TO KIND OF MORE CLEARLY IDENTIFY THE LIMIT OF YEAH, SURE. SO IF YOU LOOK AT THE ORIG, THIS IS GOING BACK TO THE CURRENT LOT LINES RIGHT ALONG THAT LINE WHERE THE, UH, RED BOUNDARY AND THE YELLOW BOUNDARY MEET. THERE'S CURRENTLY A POST AND RAIL FENCE, JUST A WOODEN POST AND RAIL FENCE. UM, IF THE PROPOSAL IS APPROVED, I WOULD SWING THE POST AND RAIL FENCE TO WHERE THE NEW PROPERTY BOUNDARY WOULD BE, UM, THERE WHERE THE RED AND THE YELLOW LINES MEET. OKAY, THANK YOU. UM, I DON'T THINK THAT THE, THE TITLE INDEED HISTORY OF, UM, 1 65, UH, TAXTER WAS INCLUDED IN THE PACKAGE. UM, IS THAT SOMETHING THAT YOU COULD, OR YOUR YOU COULD, YEAH, SURE. YEAH. AND ALONG THE SAME LINES, IF YOU CAN GO BACK TO, I GUESS, GRAPHIC OR PAGE ONE ON YOUR OH, OH, SURE. YEAH. AND IF YOU CAN SCROLL IN. SO IT LOOKS LIKE THE PORTION OF THE STRIP THAT, THAT YOU'RE LOOKING TO, TO TAKE OWNERSHIP OF, UM, IS LABELED AS RIGHT OF WAY AS PER FILED MAP NUMBER 16 0 46. YES. UM, SO IS THAT, IS THAT STILL A TOWN RIGHT OF WAY OR DID AT SOME POINT, WAS THAT ACQUIRED BY, BY THE, THE HOME ON TAXTER OR WHAT'S, WHAT'S THE HISTORY OF THAT FROM THAT? IT'S, IT'S, IT'S A VERY, IT'S A VERY INTERESTING QUESTION. UM, WE'VE BEEN WORKING, UH, DILIGENTLY WITH MATT BRITTON, UM, TO TRY AND DISCOVER WHAT THAT ACTUALLY MEANS, UM, TO THE BEST OF HIS ABILITY. AND, AND HE'S BEEN EXTREMELY HELPFUL WITH THE PROCESS. UM, WE CAN'T FIND ANYTHING ON FILE WITH REGARD TO IT. SO, UH, HIS THOUGHT TO ME WAS THAT IT'S AN OLD RIGHT OF WAY THAT'S NO LONGER, UM, NO LONGER VIEWS TO ANYBODY. WHEN WE PURCHASED THE PROPERTY, THERE WAS A TITLE INDEED SEARCH, UM, DONE. AND AGAIN, NOTHING REALLY COMES UP. UM, WE HAVE BEEN TOLD IN THE PROCESS THAT THAT PART OF THE RIGHT OF WAY WAS THEN SOLD OFF HALF TO 1 6 5 AND HALF TO EIGHT WHEELER LANE. THAT'S PRIOR TO US OWNING THE PROPERTY. [00:45:01] PROBABLY HAPPENED WHILE FRIEND AND JACK WERE, UH, WERE IN OWNERSHIP. MM-HMM . UM, SO YEAH, SO ACCORDING TO EVERYTHING THAT WE FOUND, THERE'S NO CLAIM TO THAT AND THERE'S NO ACTIVE RIGHT OF WAY. OKAY. YEAH, BECAUSE WHAT'S INTERESTING IS WHEN YOU GO, AND I'M SURE YOU'VE EXPERIENCED THIS TOO, UM, WHEN YOU GO TO THE TOWN'S GIS MAP, LIKE YOU CAN'T ACTUALLY CLICK ON THE PARCEL, RIGHT? UM, RIGHT. SO I THINK THAT'S WHERE THE TITLE AND DEED HISTORY WOULD, WOULD BE HELPFUL FOR, FOR LEGAL TO REVIEW. RIGHT. SO REALISTICALLY, AS YOU'VE DISCUSSED, IF PRIOR OWNERS HAD RECEIVED A PORTION OF THAT AND IT BECAME PART OF THE DEED THAT TRANSFERRED TO YOU EVENTUALLY YES, WE WOULD BE ABLE TO LOOK AT THAT AND SAY, OKAY, WELL YOU HAVE RIGHTS TO DO THIS ADJUSTMENT BETWEEN YOUR NEIGHBOR, BUT CURRENTLY WITH THE WAY WE'RE LOOKING AT IT FROM THE TAX MAP AND EVERYTHING ELSE, UM, THE ASSESSOR'S OFFICE, IT'S KIND OF LIKE A, A, A DEAD ZONE ALMOST. UM, EXACTLY. AND THAT'S WHAT WE FOUND. AS A MATTER OF FACT, WHEN WE, WHEN WE DID THE TITLE SEARCH, WHEN WE ACQUIRED THE PROPERTY, UM, THAT WAS A BIG QUESTION THAT CAME UP. UM, WE HAVE DOCUMENTATION GOING BACK TO THE, UH, TO THE APPORTIONMENT OF THE RIGHT OF WAY, UM, THAT ALLOW THE TITLE COMPANY TO, UH, TO ENSURE US FOR THE PART OF THE HALF OF THE RIGHT OF WAY THAT IS ON OUR SIDE OF THE FENCE. IF YOU NOTICE IN THE DRAWING HERE, IT SAYS, UH, POST AND RAIL FENCE WITH THESE LITTLE XS MM-HMM . YES. SO, YEAH, SO ON THE, ON THE SCREEN LEFT SIDE, UH, NEXT TO EIGHT WILLOW LANE, THAT IS STUFF THAT I HAVE DOCUMENTATION FOR UPON PURCHASE OF THE HOUSE AND WITH THE TITLE COMPANY AND WHATNOT. UM, I CAN'T SPEAK TO HOW MUCH OF THAT DOCUMENTATION 1 6 5 HAS FOR THE, WE'RE GONNA NEED THAT. YEAH. SO, YOU KNOW, I'M GONNA DO THE BEST I CAN WITH THAT. WE'VE BEEN, UH, YOU KNOW, I, I'VE BEEN HANDLING ALL THE PAPERWORK AT LORI'S REQUEST, SO I WILL, UH, ATTEMPT TO GET AS MUCH PAPERWORK AS I CAN ON THAT, BUT YEAH, BECAUSE, BECAUSE ULTIMATELY IT BECOMES A QUESTION OF LIKE, DOES EIGHT WILLOW LANE, DO THEY, DO THEY, YOU CAN ONLY SELL SOMETHING YOU OWN, RIGHT? THEY ACTUALLY HAVE, RIGHT. DO THEY HAVE THE LEGAL RIGHT TO SELL THIS, THIS STRIP TO YOU? YEAH. UM, THE CONFUSION ABOUT THE RIGHT OF WAY STRIP IS THAT IT'S, IT'S ON THIS MAP, BUT THERE'S NOTHING DEMARCATING IT ON THE LAND. UM, IF YOU NOTICE, LIKE HERE, IT'S LITERALLY JUST CONTIGUOUS GRASS AREA. SURE. RIGHT. UM, SO THAT WOULD BE THE, THE PORTION RIGHT HERE WOULD BE THE ONE SIDE OF THAT RIGHT AWAY, AND THIS WOULD BE THE OTHER SIDE OF THAT RIGHT AWAY. RIGHT. UM, YEAH. AND THEN I GUESS IT BECOMES A QUESTION OF LIKE, IS HAS THAT RIGHT OF WAY BEEN, BEEN INCLUDED IN THE ASSESSMENT? UM, AND, AND HAS THE, THE TAXPAYERS BEEN PAYING TAXES ON IT, OR IT'S THE TOWN RIGHT OF WAY? HAS IT BEEN, UM, UNTAXED? RIGHT. AND IT ACTUALLY, IF YOU LOOK AT THAT IMAGE WHEN YOU GO TO THE TOP CORNER, IT'S SPLIT EVENLY 12 4 8 5 12 4 8 5. SO THAT DOES MATCH UP WHAT YOUR, YOUR STORY. YES. UM, IT'S JUST A MATTER OF A PAPER TRAIL FOR YOUR NEIGHBOR THAT SHE HAS THE RIGHT TO MAKE THE SLOT LINE ADJUSTMENT WITH YOU . SURE. RIGHT. UM, IS THERE A LENDER, UM, ON EITHER OF THE PROPERTY THAT NEEDS TO GIVE CONSENT? THERE IS A LENDER ON THE ON 1 6 5. UM, WE'RE WORKING WITH THE LENDER. UM, IT'S A VERY INTERESTING PROCESS BECAUSE EVERYBODY SEEMS TO WANT THE SAME THING AT THE SAME TIME, MEANING THAT THE LENDER WANTS TO KNOW THAT YOU HAVE APPROVED OF IT AND, UM, OBVIOUSLY YOU WOULD WANT TO KNOW THAT THE LENDERS APPROVED OF IT. RIGHT. SO, SO I, I ATTEMPTED TO DO THESE, THIS PROCESS IN A LINEAR FASHION AND FOUND VERY QUICKLY THAT I HAD TO DO IT SIMULTANEOUSLY. SO I WOULD GET A PIECE, A PIECE OF THE PUZZLE FROM MATT AND SEND IT TO THE BANK, AND THEN VICE VERSA. AND SO I'VE JUST KIND OF BEEN DOING THAT, UM, BECAUSE IT'S BEEN, IT'S BEEN A TANDEM TYPE OF PROCESS INSTEAD OF A LINEAR THING. FRANKLY, I THOUGHT THE APPROVAL WOULD HAVE TO COME FROM YOU FIRST AND THEN THE LENDER, BUT IT SEEMS THAT IN TERMS OF DOCUMENTATION, THEY'RE HAPPENING SIMULTANEOUSLY. UM, THE LENDER, BY THE WAY, JUST TO YOUR QUESTION, THE LENDER HAS INDICATED THAT IT SHOULDN'T BE A PROBLEM ON THEIR END. UM, YEAH. GIVEN THAT IT'S A SMALL PORTION OF THE PROPERTY. GREAT. UM, ARE THERE ANY OTHER QUESTIONS FROM THE BOARD? NO. ANY OTHER QUESTIONS FROM STAFF? UM, I DO HAVE ANOTHER QUESTION THOUGH, PLEASE. IS, AM, AM I READING THIS RIGHT, THAT THERE'S AN ACCESSORY STRUCTURE ON 1 65 TAXER? OR AM I, I HAVE THAT IN A NOTE. AM I WRONG ABOUT THAT? I'M SORRY. AN ACCESSORY STRUCTURE? YEAH. ON THE, LIKE A SHED OR, OR SOMETHING. I, SO I SEE THERE'S A SHED OH, TO PAGE, IT'S ON THE REVISED SUBDIVISION AT 5 6 26, I THINK. UH, YES, I BELIEVE SO. OKAY. AND, AND DO WE NEED TO WORRY ABOUT WHETHER THOSE ARE CONFORMITY OR IS WHAT YOU'RE SAYING WHAT YEAH, YOU ASKING IF IT CREATES ANY VARIANCES? YEAH. YEAH, IT'S BEEN [00:50:01] REVIEWED BY THE BUILDING INSPECTOR'S OFFICE. IT WASN'T IDENTIFIED AS NEEDING A VARIANCE. UH, IT DOES LOOK QUA, UH, QUITE A BIT SET OFF FROM, YOU KNOW, WHAT WOULD BE THE NEW REAR PROPERTY LINE. RIGHT. NEVERTHELESS, WE'LL DOUBLE CHECK, BUT, UH, IT DOESN'T APPEAR. OH, OKAY. OKAY. UM, ANY OTHER QUESTIONS FROM THE BOARD OR ANY COMMENTS FROM STAFF? UM, SO I, I THINK WE'D BE IN A POSITION TO SCHEDULE THIS FOR, FOR A PUBLIC HEARING ON JUNE 17TH. UM, I, I WOULD LIKE A LITTLE MORE CLARITY ON, YOU KNOW, IF YOU KNOW WHAT, WHAT, WHAT THE MYSTERY IS WITH THIS OTHER STRIP. RIGHT. I DON'T KNOW IF, IF STAFF, IF WE THINK WE'D BE ABLE TO GET CLARITY PRIOR TO JUNE 17TH, IT'S HARD TO SAY BECAUSE WE'RE, WE'RE GONNA NEED THAT INFORMATION OR DOCUMENTATION FROM 1 65 TAXER. YEAH, SURE. SO, YOU KNOW, IT'S HARD FOR ME TO ANSWER THAT QUESTION, . I UNDERSTAND. UM, JUST THINKING FORWARD, BECAUSE I'VE BEEN INVOLVED IN THIS PROCESS FOR BELIEVE IT OR NOT, A FEW YEARS NOW, UM, IN PREPARATION FOR THIS MOMENT RIGHT HERE, IT'S PRETTY, PRETTY EXCITING. UM, THERE, THERE HAS BEEN COMPLETE MYSTERY AROUND THAT THROUGH ATTORNEYS, THROUGH TITLE COMPANIES AND WHATNOT IN THE EVENT THAT 1 6 5 DOES NOT HAVE THE SAME KIND OF DOCUMENTATION THAT I HAVE TO PRODUCE. UM, DO YOU HAVE ANY OTHER YEAH, I GUESS THAT'D BE A, YEAH, I MEAN, DEPUTY TOWN ATTORNEY MCGON QUESTIONS, IT'S GONNA BE A, UM, IT'S GONNA BE A BIG, I MEAN, YOU KNOW, THE FACT THAT THE, THE TOWN, THE GREENBERG ITSELF DOESN'T EVEN REALLY KNOW WHAT'S, WHAT'S GOING ON WITH THAT PROPERTY PUTS US AT KIND OF A DISADVANTAGE. SO, YOU KNOW, IF YOU LOOK AT THE AREA IT LOOKS LIKE, AND I THINK YOU DISCUSSED IT WITH, WITH MATT, WAS THAT THERE'S A HODGEPODGE OF RIGHT OF WAY PIECES THAT EXISTED A LONG TIME AGO THAT HAVE BEEN ABSORBED INTO NEIGHBORING LOTS. AND THIS SEEMS TO BE THE ONLY PIECE THAT DOESN'T HAVE A TAX LOT ID MM-HMM . SO IT'S THE ONLY ONE THAT, UM, THE ASSESSOR'S OFFICE HASN'T FOUND CONFIRMATION OF, YOU KNOW, OWNERSHIP OR THAT IT'S, BUT AGAIN, IF THE 1 65 PROPERTY OWNER IS CLAIMING OWNERSHIP AND THERE'S A HISTORY OF IT IN THEIR DEED HISTORY, THEN I DON'T SEE AN ISSUE. UM, BUT THAT'S THE QUESTION. RIGHT. DOES, DOES HER DEED HISTORY SHOW THAT SHE ACQUIRED IT AT SOME POINT? UM, WHAT IS IT LIKE AN ACTION QUIET TITLE OR SOMETHING? IS THAT WHAT IT COULD BE AN, IT COULD BE AN ACTION TO QUIET TITLE. IT COULD BE, UM, IT COULD BE AN ABANDONMENT OF BY THE TOWN OF THE RIGHTS TO THAT RIGHT OF WAY. UM, IT COULD BE, BUT IT COULD ALSO BE THAT IS NOT EVEN A TOWN RIGHT OF WAY. IT COULD HAVE JUST BEEN A RIGHT OF WAY AS PART OF DEVELOPMENT PLAN THAT WAS OWNED BY A PRIOR DEVELOPER AS WELL. THAT'S ANOTHER POSSIBILITY. BUT THESE ARE ALL THINGS THAT PRESUMABLY THEY'D BE ABLE TO GET AT THE, BUT A TITLE REPORT AND A TITLE REPORT, HOPEFULLY THAT'S THE HOPE IS THAT IT WOULD BE IN HER TITLE REPORT. UM, IF THE TITLE COMPANY DIDN'T FIND IT, THEN IT'S GONNA BE A LOT OF WORK TO TRY TO, TO GET ALL THE DOCUMENTATION, UM, TO PIECE IT ALL TOGETHER IF THEY, YOU KNOW, THE TITLE COMPANY DIDN'T, WASN'T ABLE TO DO THAT. OKAY. SO JUST STAY IN TOUCH, JUST SO YOU KNOW, MR. BRITTON IS OUT THIS WEEK. OKAY. SO, UM, YOU CAN STAY IN TOUCH WITH ME. I BELIEVE I'VE BEEN COPIED ON A NUMBER OF THE EMAILS. SO IF YOU COME ACROSS, YOU KNOW, IF YOU HAVE A CONVERSATION WITH YOUR NEIGHBOR TOMORROW, LET'S SAY, AND YOU KNOW, THEY'VE FOUND EVERYTHING TRANSMITTED TO ME JUST SO THAT WE CAN GET IT TO OUR LEGAL DEPARTMENT IMMEDIATELY VERSUS WHEN MR. BRITTON RETURNS ON MONDAY. SURE. ABSOLUTELY. AND I GUESS LET'S, LET'S DO THIS, LET'S, LET'S SCHEDULE THE PUBLIC HEARING AND THEN I GUESS IF WE STILL DON'T HAVE CLARITY, WE COULD ALWAYS LEAVE THE HEARING OPEN. CORRECT. RIGHT. AGREE WITH THAT. LET'S DO THAT. UM, SO THEN I WILL SCHEDULE THE PROJECT FOR A PUBLIC HEARING AT THE JUNE 17TH MEETING. ALRIGHT. THANK YOU VERY MUCH. GREAT. THANK YOU. THANK YOU FOR YOUR TIME. SO OUR OFFICE WILL PREPARE THE PUBLIC HEARING NOTICE, AND THERE'S REQUIRED SIGNAGE TO PUT UP INTO THE YARD. I KNOW IT'S A LONG FLAG LOTT, SO WE WOULD WANT IT UP ALONG THE EDGE OF WILLOW LANE SURE. SO THAT NEIGHBORS CAN SEE. UM, AND WE'LL GIVE YOU INSTRUCTIONS FOR THE MAILING. OKAY. SO I'LL JUST BE IN TOUCH THEN. YES. OKAY. GREAT. ALL RIGHT. HAVE A GREAT EVENING. SO MUCH. THANK YOU VERY MUCH. THANK YOU. ALRIGHT, UH, NEXT UP WE HAVE CASE NU EXCUSE ME. UH, NEXT WE HAVE CASE NUMBER PB 2224 HARTHILL HOSPITALITY AT 45 NORTH WASHINGTON AVENUE, PO HARTSDALE. AND THE APPLICANT IS SEEKING AN AMENDMENT TO A PREVIOUSLY APPROVED SITE PLAN. UH, AND THIS IS A PRE-SUBMISSION CONFERENCE, SO THE, THE APPLICATION HASN'T FORMALLY BEEN SUBMITTED YET. UM, GOOD EVENING. PLEASE STATE YOUR NAME AND YOUR, UH, AFFILIATION FOR THE RECORD. UH, GOOD EVENING, MR. CHAIRMAN, MEMBERS OF THE BOARD. MY NAME IS VINCENT POONE WITH THE LAW FIRM OF Z AND STEINMITZ ATTORNEYS FOR HEART HILLS HOSPITALITY, LLCA MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE [00:55:01] WHO OWN THE PROPERTY AT 45 NORTH WASHINGTON AVENUE IN HARTSDALE IN THE M 14 ZONE. UH, HERE WITH ME TONIGHT IS BERTO ENRIQUEZ AND FLO SOSA FROM HARTHILL. AND MY COLLEAGUE BRIAN AUGH, WHO HANDLED THE PRIOR APPLICATION IS ON ZOOM FROM MORE SPECIFIC QUESTIONS AS WE GO ALONG. UH, OUR DESIGN PROFESSIONAL, FRANK SPATARO, COULD NOT BE HERE TONIGHT. UH, FOR BACKGROUND, THE APPLICANT'S SITE PLAN WAS APPROVED BY THIS BOARD IN NOVEMBER OF 2023, UH, FOR THE CONSTRUCTION OF A TWO STORY EIGHT UNIT MULTI-FAMILY DEVELOPMENT WITH UNDERGROUND PARKING. UH, AND TONIGHT WE ARE HERE SEEKING THE BOARD'S INITIAL FEEDBACK ON AN AMENDED SIDE PLAN, UH, DUE TO FINANCIAL CONSTRAINTS OF CONSTRUCTING THE CURRENTLY APPROVED PLAN, AND SPECIFICALLY WHETHER THE BOARD WOULD BE OPEN TO EVENTUALLY ISSUING A POSITIVE RECOMMENDATION TO THE ZBA FOR THE REQUIRED VARIANCES. THE AMENDED PLAN CONSISTS OF A THIRD STORY AND AN ADDITIONAL FOUR UNITS BRINGING THE TOTAL TO 12 UNITS. UH, AND, AND THAT'S IT. THE OVERALL BUILDING DESIGN, THE FACADE MATERIALS, THE SITE LAYOUT, EVERYTHING ELSE IS STAYING THE SAME. UH, WE HAVE EXPLORED ALTERNATE OPTIONS TO LIMIT THE NUMBER OF VARIANCES, UH, INCLUDING A REZONING TO THE M 30 OR A TEXT AMENDMENT. BUT FOLLOWING DISCUSSIONS WITH TOWN STAFF, UH, WE HAVE DECIDED THAT PURSUING THE OPTION OF VARIANCES UNDER THE EXISTING M 14 ZONING IS THE MOST STRAIGHTFORWARD APPROACH. UH, SO THE VARIANCES ARE AS FOLLOWS. FIRST, UH, BUILDING HEIGHT, TWO STORIES AND 38 FEET ARE PERMITTED, AND WE ARE PROPOSING THREE STORIES AND 40 FEET. UM, SO ESSENTIALLY THIS IS JUST A MINOR TWO FOOT VARIANCE. UH, SECOND IS LOT AREA, 36,000, UH, SQUARE FEET ARE REQUIRED. AND WE'RE PROPOSING 22,900. HOW MUCH WE'RE PROPOSING, 22 TH THOUSAND 912. UH, BUT IT SHOULD BE NOTED THAT THE RATIO UTILIZES BUILDABLE LOT AREA AND THE TOTAL AREA ON THE SITE IS 27,000, WHICH IS A LITTLE CLOSER TO 36. UM, NEXT IS OPEN SPACE. UH, 2,250 SQUARE FEET ARE REQUIRED AND WE'RE PROPOSING 1500 SQUARE FEET. JUST A QUICK, JUST A QUICK POINT. SO BACK TO YOUR, UM, POINT ABOUT DEVELOPMENT AREA. MM-HMM . SO I THINK FOR THE BOARD'S CLARITY, UH, DEDUCTIONS ARE MADE BECAUSE OF THE STEEP SLOPES AND OTHER ENVIRONMENTAL AREAS, RIGHT. REDUCING THE AVAILABLE FOOTPRINT FOR DEVELOPMENT. THAT'S RIGHT. THANK YOU. UH, FOR OPEN SPACE, UH, 2,250 SQUARE FEET ARE REQUIRED AND WE'RE PROPOSING 1500 SQUARE FEET. UH, WE'VE EXPLORED WITH OUR, UH, ENGINEER AND WE MAY BE ABLE TO SATISFY THE REQUIREMENT OR REDUCE THE VARIANCE, UH, BY ADDING EXISTING OPEN SPACE TO THE REAR OF THE BUILDING. THERE'S SOME EXTRA ROOM BACK THERE, SO WE COULD LOOK INTO THAT. UM, NEXT IS PARKING. 24 SPACES ARE REQUIRED AND WE'RE PROPOSING 18. UH, HOWEVER, THERE ARE ZONING TEXT AMENDMENTS THAT ARE BEING CONSIDERED BY THE TOWN, UH, THAT WOULD AUTHORIZE THIS BOARD TO, UH, REDUCE THE PARKING RATIOS TO ONE SPACE PER DWELLING UNITS, UH, WHICH WOULD MAKE IT 12 SPACES FOR THIS PROJECT, UH, WHERE ACCESS TO MULTIMODAL TRANSIT OPTIONS ARE AVAILABLE LIKE THEY ARE FOR THIS SITE. UH, THE PROPERTY IS WITHIN 0.1 MILE OR A TWO MINUTE WALK FROM THE CLOSEST BUS STOP. UH, THERE ARE A FEW OTHER BUS STOPS WITHIN FIVE MINUTES, UM, AND 37 MILES OR A 15 MINUTE WALK FROM THE HARTSDALE TRAIN STATION. UH, SO A PARKING REDUCTION SHOULD BE CONSIDERED FOR THE SITE. UH, IT'S ALSO WORTH NOTING THAT THE SITE IS NEAR THE FOUR CORNERS. UH, LASTLY, UH, DUE TO FINANCIAL HARDSHIP, THE PROJECT CONTINUES TO PROPOSE ONE AFFORDABLE UNIT. UH, CURRENTLY THE CODE REQUIRES 10% OF UNITS BE AFFORDABLE, WHICH WOULD BE 1.2 UNITS FOR THIS SITE. UM, AGAIN, ZONING TEXT AMENDMENTS THAT ARE BEING CONSIDERED BY THE TOWN AND I BELIEVE ARE ON TONIGHT'S AGENDA, UH, AMEND THE AFFORDABLE HOUSING REQUIREMENT. UM, SO FOUR RESIDENTIAL DEVELOPMENTS OF FIVE TO 14 UNITS, WHICH THIS SITE FALLS UNDER ONE UNIT OF AFFORDABLE WOULD BE REQUIRED. UM, SO WHILE VARIANCE IS CURRENTLY REQUIRED UNDER THE CURRENT CODE, UH, THE AMENDED SITE PLAN IS CONSISTENT WITH THESE PROPOSED AMENDMENTS. WE CAN SPEAK ABOUT THAT. OKAY. UH, QUESTION FOR YOU IF I MAY. YEAH, PLEASE. SO, AS I UNDERSTAND IT, UNDER THE FORMER PROPOSAL THERE ALSO AT THE TIME WAS THE 1500 SQUARE FEET OF OPEN SPACE REC AREA. UM, SO THAT APPEARS THAT IT HASN'T BEEN INCREASED IN THIS CONCEPTUAL, YOU KNOW, I KNOW YOU'RE IN ON A, A PRE-SUBMISSION CONFERENCE. UM, YOU INDICATED THAT YOUR ENGINEER OR DESIGN PROFESSIONAL IS LOOKING. THERE MAY BE OPTIONS TO INCREASE THAT. I WOULD STRONGLY RECOMMEND THAT, UH, A HARD LOOK IS TAKEN GIVEN THE FACT THAT, UH, THE UNIT COUNT IS [01:00:01] SEEKING TO BE INCREASED BY 50%. UM, SO IN THIS AREA HERE, THERE MAY BE SOME ROOM ON EITHER SIDE TO SQUEEZE IN SOME ADDITIONAL OPEN SPACE. YOU'LL NOTICE THE STEEP SLOPES ON THE RIGHT SIDE OVER HERE. SO IT MAY BE TOUGH, BUT IT'S DEFINITELY SOMETHING WE'D BE WILLING TO LOOK INTO. GREAT. I, I HAD A COMMENT FROM THE BUILDING DEPARTMENT ABOUT THE EV CHARGERS. YEAH. IF IT WAS POSSIBLE TO RELOCATE THE EV CHARGERS OUT FROM UNDER THE BUILDING DUE TO FIRE, UH, AS, AS TIME'S GONE ON, THERE'S BEEN CHANGES TO WHAT'S BEST PRACTICE AS FAR AS FIRE SAFETY. AND SO THAT WAS A RECOMMENDATION I, I'D HEARD. OKAY. YEAH. THE, I KNOW THE ENVIRONMENTAL CONSTRAINTS ON THE SITE ARE TOUGH, BUT WE CAN, WE CAN AT LEAST EXPLORE THE OPTION. HOW MANY EV CHARGERS ARE UNDER THE BUILDING RIGHT NOW? FOUR. FOUR. FOUR. IT'S FOUR. YEAH. FOUR. IS THAT FOUR SPACES OR IS IT FOR LIKE CHARGERS BETWEEN PARKING STALLS, BUT IT COULD BE SHARED. SO TWO EACH OR FOUR. SO FOUR FOR EIGHT. OKAY. BUT DOUBLE EACH TWO. CAN YOU JUST REPEAT THAT FOR THE FOUR FOUR TOTAL? FOUR TOTAL? I THINK IT'S TWO PORTS WITH TWO EACH, RIGHT? I BELIEVE SO. AND, AND WE APPRECIATE THE FACT THAT THIS WAS TAKEN INTO CONSIDERATION THE FIRST GO AROUND. UM, THERE'S BEEN MORE INFORMATION IN LIGHT OF THE TECHNOLOGICAL ADVANCES WITH EV CHARGERS SINCE YOU WERE HERE A FEW YEARS AGO. THERE'S OBVIOUSLY BEEN SOME INSTANCES OF, UH, INCIDENTS WITH, UH, BATTERIES, I'LL SAY. UM, SO THAT WAS WHY THE BUILDING INSPECTOR'S OFFICE, YOU KNOW, SAID, HEY, IT WOULD CERTAINLY BE PREFERABLE IF THOSE CONNECTIONS COULD BE RELOCATED PERHAPS TO THE TWO, UM, YOU KNOW, SPACES THAT ARE OUTSIDE THE PROPOSED BUILDING, I THINK. MM-HMM . YEAH. YEAH. JUST BECAUSE IN THE EVENT OF AN INCIDENT OR FI BATTERY FIRE, YOU KNOW, IT'D BE PROBABLY BETTER FOR MOST, IF NOT ALL, IF IT WERE OUTDOOR IN THE EXPOSED AREA AND CERTAINLY MORE ACCESSIBLE FOR EMERGENCY RES RESPONDING PERSONNEL. YEAH. THAT HAPPENED WITH MY DAD'S. MY OR MY PARENTS HAD A CHARGER IN THEIR GARAGE AND IT, IT SET ON FIRE AND IT WAS REAL BAD. IT WAS, I MEAN, IT WAS, IT WAS FINE. IT DIDN'T BURN ANYTHING DOWN, BUT THE WHOLE THING MELTED. SO I THINK THERE WAS A MENTION OF SPRINKLERS AS WELL, RIGHT? YEAH. OR, YEAH. AND, AND SO TO, TO DEPUTY COMMISSIONER SCHMITT'S POINT, I SEE THERE'S TWO SPOTS OUTSIDE, UH, IN THIS RENDERING. IF, IF ONE OF THE, IF ONE OF THE CHARGING STATIONS THAT WOULD SERVICE BOTH SPOTS COULD BE RE RELOCATED THERE, IF THERE WAS ENOUGH SETBACK AND, AND EVERYTHING, UM, THAT, THAT MIGHT MAKE SENSE. AND THEN, UM, AS AN ALTERNATIVE, I DON'T BELIEVE THE PARKING STRUCTURE IS SPRINKLERED RIGHT NOW. OKAY. UH, AND SO IF IT WOULD BE POSSIBLE TO SPRINKLER, UM, E EITHER THE ENTIRE PARKING STATION OR AT LEAST IMMEDIATELY ABOVE WHERE, WHERE THE CHARGING PORT IS, UM, YOU KNOW, ULTIMATELY I DEFERRED TO THE BUILDING DEPARTMENT ON, ON WHAT THEY THOUGHT WAS ACCEPTABLE AND, AND MADE THE MOST SENSE. UM, THOSE WERE THE QUESTIONS I HAD. UM, I KNOW FROM READING THE TRANSCRIPTS FROM, FROM THE FIRST TIME YOU WERE IN FRONT OF THIS BOARD, UH, THERE WAS A LOT OF CONVERSATIONS ABOUT THE, THE PAT, THE DECKS OFF THE, OFF THE UNITS. MM-HMM . UH, HAS THE DECK PLANS CHANGED AT ALL? OR, UH, I GUESS ARE THERE DECKS ON THIS THIRD, THIRD STORY NOW? AND COULD YOU WALK US THROUGH THOSE BRIEFLY? I BELIEVE IT'S STAYING THE SAME. YEAH. BRIAN, WOULD YOU WANNA, SORRY, THIS IS BRIAN. ATTORNEY IS THERE, AND SIMON, UM, I WAS PART OF THE ORIGINAL APPLICATION. AND DID, I BELIEVE AT THIS POINT WE HAVE NOT DONE A FULL ARCHITECTURAL DESIGN FOR THE EXTERIOR. SO WE'VE SHOWN THE INTERIOR AS IN TERMS OF FLOOR PLAN AND THEN I'LL MARK UP ON THE SIDES. UM, MY UNDERSTANDING WOULD BE THAT THEY LIKELY WOULD BE PROVIDING DECKS ON THE REAR OF THE SITE, BUT THAT NOTHING HAS CHANGED FROM THE APPROVED CLEARANCE. OKAY. SO, SO WHERE THERE WERE DECKS ON THE SECOND FLOOR THERE, WOULD PRES POTENTIALLY, PRESUMABLY BE DECKS ON THE THIRD FLOOR, RIGHT? CORRECT. OKAY. AND, UH, JUST REMIND US, YOU KNOW, YOU'RE SEEKING TO GO UP AN ADDITIONAL STORY, UM, JUST TWO FEET ABOVE WHAT'S PERMITTED UNDER THE UNDERLYING ZONING. BUT, UM, WITH RESPECT TO GRADE CHANGE BETWEEN YOUR SITE AND THE PROPERTY, EITHER PROBABLY TO THE REAR, BUT ALSO TO THE NORTH AND SOUTH, ARE YOU AT, IS THIS PERCHED UP RELATIVE TO THE NEIGHBORING PROPERTIES AND DOES IT SLOPE DOWN IN THE REAR? OR IS IT AT A HIGHER ELEVATION? YOU ARE GETTING VISUAL ADVICE. SO WITH RESPECT TO THE [01:05:01] PROPERTY TO, I'M GONNA CALL IT THE PLAN EAST AND PLAN NORTH FILLING AT THE PLAN. YEP. UM, THOSE ARE BOTH HIGHER ELEVATION. UM, PLAN WEST, UH, I DON'T KNOW HOW MUCH OF A SIGNIFICANT DROP THERE IS IN ELEVATION. AGAIN, IF YOU LOOK AT OUR PLANS, WE ARE ACTUALLY, UM, AND THE REASON WHY WE ARE REQUESTING THIS REAL ADDITIONAL APPLICATION BE AMENDED, UM, IS THAT WE HAVE FINANCIAL HARDSHIP WITH REGARD TO SHIPPING. SO WE ARE SHIPPING AND LOWERING THE BUILDING ON THAT SIDE. SO I'M NOT SURE HOW MUCH IS GONNA BE A PURE PER ESPECIALLY AS OPPOSED TO WHAT'S EXISTING ON THE SITE. SURE. IF, IF, IF IT WOULD BE POSSIBLE, I THINK IT'S PINECREST THAT'S BEHIND, UM, THE, THE PINECREST CO CO-OPS, CO-OPS, UH, THAT'S CORRECT. YEAH. TO, TO PLAN NORTH. UM, YOU KNOW, IF YOU WERE ABLE TO CREATE SOME SORT OF RENDERING OF WHAT, WHAT THE VIEW WOULD BE FROM, YOU KNOW, THE, THE MOST IMPACTED RESIDENT IN PINECREST AND WHAT THEY WOULD SEE FROM OUT THEIR WINDOW OR, OR OUT THEIR FRONT DOOR, THAT WOULD, THAT WOULD BE HELPFUL. SURE. CERTAINLY WE HAVE, UM, I MEAN, WE HAVE PROVIDED SIGNIFICANT LANDSCAPING, BUT WE COULD DEFINITELY MAKE THAT, PROVIDE THAT PLAN AS WELL. YEAH. I HAVE A QUESTION, UH, MS. ROBINSON, SO THE TWO PARKING SPOTS THAT WE'RE PROPOSING FOR THE EV STATION INSTEAD OF UNDERNEATH THE BUILDING, IS THAT STILL TOO CLOSE TO THE BUILDING OR WOULD THE BUILDING DEPARTMENT PREFER THAT THEY POSSIBLY SWAP WHERE THE TRASH WOULD BE WITH WHERE THE TWO PARKING SPACES FURTHER AWAY FROM THE BUILDING? YEAH, I KNOW THERE WAS A LOT OF ENGINEERING AROUND THE, UH, THE GARBAGE PICKUP. THERE WAS, AND WE'LL FIND OUT FROM, IT'S A, IT'S A WORTHWHILE QUESTION. SO THE QUESTION IS WHETHER OR NOT IT BE THE PREFERENCE IF EITHER OR BOTH OF THE PROPOSED DUAL PORT CHARGING STATIONS WERE RE RELOCATED TO THE, UM, UH, THE OUTSIDE, UH, PARKING STALLS IF, UH, I COULD, I COULD SPEAK TO THAT. UH, SO WITH REGARD TO DESIGN HERE, WE HAVE THE, UH, TRASH ON THE EXTERIOR SIDE, PARTIALLY TO ALLOW, UM, ANY VEHICLES THAT ARE UNDERNEATH THE BUILDING TO ENTER AND EXIT WHILE GARBAGE IS BEING COLLECTED. IT ALSO, UM, AS PART OF THAT GARBAGE ZONE IS ALSO A TEMPORARY LOADING ZONE AS WELL. SO THE ROOF, BY RELOCATING THAT TO THE INTERIOR SIDE, YOU'D BE BLOCKING ME UNDER OUR GARAGE. THAT, THAT MAKES SENSE. TOOK THE WORDS RIGHT OUT OF MY MOUTH. UM, AND, AND THEN YOU MENTIONED SOMETHING THAT, THAT CAUGHT MY ATTENTION WHEN YOU WERE INTRODUCING THE APPLICATION. SO CURRENTLY THE CODE WOULD REQUIRE 10% AFFORDABLE, WHICH WOULD BE, YOU KNOW, ROUND ROUNDING UP ON A, A UNIT OVER 10 WOULD BE TWO. TWO. RIGHT. UM, BUT UNDER THE 2 85 PROPOSED AMENDMENTS THAT WILL BE, YOU KNOW, REVIEWING THIS EVENING, IT WOULD BE REDUCED TO ONE TO, TO ONE. THAT'S RIGHT. COULD, COULD YOU STILL WALK ME THROUGH THAT? OR MAYBE DEPUTY COMMISSIONER SCHMIDT COULD WALK ME THROUGH THAT? I CAN. AND AND WE WILL SPEAK WITH, UM, COMMISSIONER DUQUE A LITTLE BIT LATER, BUT, UM, AS I UNDERSTAND IT NOW, THERE'S A LITTLE BIT OF A GRAY AREA, UM, IN TERMS OF, AND HERE'S COMMISSIONER DUQUE, BUT, UM, IN TERMS OF HOW IT'S CALCULATED, SO FOR INSTANCE, UM, I CAN SPEAK TO PAST PROJECTS, UM, THAT HAVE RUN THROUGH THIS BOARD AND THROUGH THE TOWN BOARD, SPECIFICALLY THE FORMER AVALON SITE OFF TAXTER ROAD MM-HMM . UM, THERE WAS A PRIOR APPLICATION TO, UH, TO CONSTRUCT 444 UNITS ON THAT SITE. THERE WERE A COUPLE OF DIFFERENT PHASES, BUT SPEAKING OF THE 444 UNIT PHASE, AT THAT TIME, THEY HAD PROPOSED AND WERE PERMITTED TO, UM, CONSTRUCT 44 UNITS. NOW, IF YOU DID THE 10% CALCULATION AT 44.4 AND THAT ROUNDED UP TO 45 NON-COMPLIANT, BUT IT DID ROUND DOWN IN THAT INSTANCE TO 44 AND WAS DEEMED ACCEPTABLE, THAT WAS UNDER A DIFFERENT BUILDING INSPECTOR AND BUILDING INSPECTOR'S OFFICE. UM, AS I UNDERSTAND IT FROM THE CURRENT, UH, MANAGEMENT IN THE BUILDING INSPECTOR'S OFFICE AND THE BUILDING INSPECTOR HIMSELF, IN THOSE INSTANCES SUCH AS THE ONE I MENTIONED THAT DIDN'T TECHNICALLY MEET THE 10%, AND IN ORDER TO ACHIEVE THE 10%, YOU WOULD HAVE TO ROUND UP NO MATTER IF IT'S 0.1, 0.2 OR 0.7 0.8. SO, UH, AS I UNDERSTAND IT FROM COMMISSIONER DUQUE, AND AGAIN, WE'RE GONNA SPEAK TO, UM, CERTAIN ZONING TAX AMENDMENTS THIS EVENING RELATED TO AFFORDABLE HOUSING. THE 10% [01:10:01] SET ASIDE WOULD KICK IN AT SIX UNITS AND THEN TO 14. SIX TO 14 WOULD BE ONE, AND THEN 15 TO 24 WOULD BE TWO AND IT WOULD CLIMB THAT LADDER. SO WE'RE SO ON, AND WE'LL TALK ABOUT THIS LATER, BUT THE, THE PROPOSED CHANGES IS TO BASICALLY ELIMINATE THE FLAT 10%. RIGHT. AND INSTEAD THERE'S BANDS CORRECT. BASED, BASED ON THE NUMBER OF OF UNITS. THAT'S CORRECT. OKAY. OKAY. UM, THAT'S HELPFUL. ARE THERE ANY OTHER QUESTIONS FROM THE BOARD OR ANY QUESTIONS OR COMMENTS FROM STAFF? I GUESS I WOULD, I THINK , THE PROJECT TEAMS PROBABLY WANTING TO GET AN UNDERSTANDING OF WHERE THE BOARD MIGHT FEEL IT IS RELATIVE TO THE VARIANCES. MM-HMM . SO THEY OUTLINED A NUMBER OF VARIANCES. I'VE WRITTEN DOWN FIVE VARIANCES. UM, SO THE HEIGHT PERMITTED TWO STORIES 38 FEET. MM-HMM . SEEKING TO GO TO THREE STORIES AND 40 FEET. MM-HMM . SO I THINK IN RESPONSE TO THAT SPECIFICALLY THE BOARD ASKED IF A RENDERING COULD BE PROVIDED PARTICULARLY TO, UM, SHOW HOW THE THIRD STORY WOULD LAY OUT RELATIVE TO THE PROPERTY TO THE WEST OR THE REAR. AND I VERY MUCH AGREE WITH THAT. I THOUGHT THAT WAS A GREAT ASK. YEAH, YEAH. UM, CAN'T DO MUCH ABOUT THE AREA OF THE PROPERTY. UM, YOU KNOW, 36,000 SQUARE FEET WOULD BE REQUIRED, UM, GIVEN THE REDUCTIONS FOR, IN THIS CASE, STEEP SLOPES. I DON'T THINK THERE ARE ANY WETLANDS OR WATERCOURSE ON OR ADJACENT TO THE SITE BRINGS DOWN THE BUILDABLE LOT AREA TO 22,912 AS I'VE WRITTEN DOWN. SO, UM, I'M GONNA SPEAK FOR MYSELF, BUT TYPICALLY A, AND I'LL LET THE APPLICANT'S TEAM AND THE APPLICANTS KNOW THIS, THE PLANNING BOARD, AND I'M NOT QUITE SURE HOW THE BOARD, ALTHOUGH I COULD LOOK OPERATED BACK THREE YEARS AGO OR SO WHEN IT ISSUED ITS RECOMMENDATION TO THE ZONING BOARD. BUT HOW THE BOARD OPERATES NOW IS BASED OFF A MEMORANDUM ISSUED WHEREBY THE PLANNING BOARD, UM, UNLESS IT IDENTIFIES, YOU KNOW, UH, THAT A VARIANCE HAS A POSITIVE OR NEGATIVE PLANNING IMPLICATION, IT WILL GO NEUTRAL ON THAT SPECIFIC VARIANCE. AND NEUTRAL DOESN'T MEAN NEGATIVE, IT JUST MEANS THAT HEY ZONING, YOU KNOW, ZONING BOARD OF APPEALS, THIS IS SOMETHING THAT WE HAVE NOT FOUND ANY POSITIVE RATIONALE OR NEGATIVE RATIONALE AND IT'S GONNA SIT AND REST WITH YOU SOLELY. UM, WE'RE NOT REALLY GONNA WEIGH IN BEYOND THE NEUTRAL. UM, SO I JUST WANTED THE TEAM AND THE APPLICANTS TO BE AWARE OF THAT. THIS COULD BE ONE WHERE THAT FALLS INTO PLAY. I'M SURE THE BOARD WOULD NOTE THAT THERE ARE THE STEEP SLOPE REDUCTIONS RESULTING IN, IN A LOWER BUILDABLE AREA. YEAH. AND SO HOW, HOW MANY VARIANCES WERE, WERE REQUIRED LAST TIME THIS WENT THROUGH? BRIAN, DO YOU KNOW THE NUMBER OFF THE TOP OF YOUR HEAD? I DON'T RECALL THE TOTAL NUMBER OF VARIS 'CAUSE I FEEL LIKE IT WAS VERY SIMILAR TO WHAT WE HAVE CURRENTLY. UM, THERE MAY HAVE BEEN SEVEN VARIS ALL VARIANCES. AGAIN, I'LL JUST DOUBLE CHECK. THEY'RE THE SAME. OKAY. THEY RUN WITH THE LAND. THAT'S WHAT I THOUGHT. OKAY. SO, SO YOU ONLY NEED TO OBTAIN VARIANCES THAT ARE INCREASING OR THAT ARE NEW IN CONNECTION. SO FOR INSTANCE, IF THERE WAS A, AND I'M NOT SURE THERE WAS, BUT AS AN EXAMPLE, IF THERE WAS A SETBACK VARIANCE FROM THE BUILDING TO THE REAR PROPERTY LINE AND YOU OBTAINED THAT VARIANCE AND IN CONNECTION WITH THIS PROPOSAL, THE FOOTPRINT IS NOT CHANGING AND THE LOT LINE'S NOT CHANGING, YOU'RE JUST GOING UP ANOTHER STORY. UM, PARKING, BUT IT ALSO CHANGED. KEEP IN MIND, PARKING KEEP RIGHT. KEEP IN MIND THAT YOU MAY, IF, IF YOU NEEDED THAT HYPOTHETICAL I'M THROWING OUT, ONCE YOU GO UP ANOTHER STORY, YOU MAY NEED THAT VARIANCE AGAIN BECAUSE THE BUILDING HEIGHTS INCREASING. SO IN THAT, IN, YOU NEED THAT SETBACK VARIANCE FOR THAT INCREASE, EVEN THOUGH THE FOOTPRINT ITSELF IS REMAINING UNCHANGED. YEAH. AND, AND LIKE I, I WAS, I WAS KEYING IN ON THE, ON THE OFF STREET PARKING REQUIREMENT WHERE IT SAYS IT'S GOING FROM 24 REQUIRED TO 18, PROPOSED, PREVIOUSLY APPROVED. SO IF THE 18 WAS PREVIOUSLY APPROVED, LET'S ADJUSTED BASED UPON THE NUMBER OF UNITS. YEAH. [01:15:01] THEY ADDED FOUR MORE UNITS. OH, OKAY. RIGHT. SO THE NUMBER OF UNITS INCREASED MINIMALLY. SO THE CHANGE TO PARKING. RIGHT. SO WAS THERE PREVIOUSLY A, A SHARED PARKING REDUCTION? NO. NO. SO AS I UNDERSTAND IT, IN IN REVIEWING STREET PARKING, I'M SORRY, EIGHT TIMES TWO GAVE, SO IN FACT THEY ONLY NEEDED 16 IN THE ORIGINAL APPLICATION. THEY PROPOSED 18 AND TIME WERE APPROVED WITH 18. RIGHT NOW, BECAUSE OF THE ADDITIONAL FOUR UNITS AT CURRENTLY OUR ZONING ORDINANCE REQUIRES TWO PER, YOU'D NEED THE 24. SO THEY WOULD NEED THE VARIANCE. RIGHT. IT WOULD BE A NEW VARIANCE. 'CAUSE THEY WERE OVER THE FIRST TIME NOW IT WOULD BE A VARIANCE REQUEST OF SIX BASIS. 'CAUSE NOW THEY'RE UNDER HOWEVER. UNDERSTOOD. OKAY. THE APPLICANT'S, YOU KNOW, POINTED OUT THE FACT THAT THE TOWN AND THIS BOARD, UH, AT THIS TIME IS REVIEWING IN THE PROCESS OF REVIEWING ZONING, TEXT AMENDMENTS, MANY ONE OF WHICH, UH, INVOLVES REDUCING THE PARKING REQUIREMENT FOR THESE TYPES OF UNITS DOWN FROM TWO TO 1.5. AND IF THAT WAS ADOPTED, UH, IT WOULD ONLY REQUIRE 18 SPACES, WHICH IS WHAT THEY'RE PROPOSING. AND I BELIEVE IT'S EVEN REDUCED TO ONE. I THINK IT'S ONE PER, OH, I'M SORRY. ONE. RIGHT. SO WOULD, THAT WOULD ACTUALLY ONLY BE FOUR. SO BE FOUR, EVEN THOUGH IT'S TWO TO THREE BEDROOMS, IT WOULD STILL OR JUST BE ONE? I'M SORRY. IT'S A THEY'RE EACH TWO TO THREE BEDROOMS. IT WOULD STILL BE ONE. WE'LL DOUBLE CHECK ON THAT. I BELIEVE BASED ON D VOLUME UNIT IN THE CODE. RIGHT. NOT PER BEDROOM. YEAH. SO I KNOW HERE, UM, THE ZONING ANALYSIS THAT THEY SENT OVER, IT SAID THAT TWO TO THREE BEDROOMS REQUIRED TWO PARKING SPACES UNDER THE CURRENT CODE. UNDER THE CURRENT CODE, CORRECT? YES. YES. OKAY. SO I'M JUST GOING BY THAT RIGHT NOW. RIGHT, ABSOLUTELY. YEAH. AND I THINK, I BELIEVE THAT HAS CHANGED TO BE MORE STREAMLINED. UM, UM, I HAD ONE OTHER QUESTION WHICH MIGHT, UM, GO TO, YOU KNOW, THE STEEP SLOPES REDUCTIONS, UM, CORRECT ME IF I'M WRONG, BUT WAS BLASTING CONSIDERED IN LIEU OF CHIPPING THE PROXIMITY TO THE NEIGHBORS PROXIMITY. OKAY. OKAY. COULD YOU JUST REPEAT THAT? YEAH. DUE TO THE PROXIMITY TO THE NEIGHBORS, THAT WASN'T POSSIBLE. OKAY. THANK YOU. ALRIGHT, ANY OTHER QUESTIONS FROM THE BOARD OR QUESTIONS AND COMMENTS FROM STAFF? I WAS MAINLY ABOUT PARKING. ALRIGHT. UM, ANY OTHER QUESTIONS? ANY OTHER QUESTIONS FROM THE TEAM FOR BRIAN? THE BOARD STAFF? ALRIGHT, WELL THEN THANK YOU. NO, I DON'T HAVE ANY FURTHER QUESTIONS. I, IT IF THE, I MEAN I WAS TRYING TO GAUGE WHERE THE BOARD IS, IF THE BOARD FEELS COMFORTABLE AT THIS POINT. UM, WE DEFINITELY WOULD LIKE TO KNOW THAT. 'CAUSE I, I KNOW WE HAVE TO SUBMIT A FULLY ENGINEERED PLAN AND, UH, GIVEN THE FINANCIAL HARDSHIP THAT WE'RE HERE ON, UM, IF WE COULD GET ANY DEFINITIVE, UH, RESPONSE, NOT DEFINITIVE, BUT SOME GENERAL RESPONSE AS TO WHERE THE BOARD FEELS COMFORTABLE. I KNOW WE'VE ANSWERED A LOT OF QUESTIONS HELPFUL, SO I ATTEMPTED TO WALK THROUGH THE VARIANCES. UM, I THINK THE BOARD'S GIVEN SOME FEEDBACK, THERE'S SOME ADDITIONAL INFORMATION, YOU KNOW, THAT WOULD BE NECESSARY. UM, ONE OTHER THING I DID WANT TO ASK, AND I'M SORRY I DIDN'T ASK SOONER. WE'D LIKE YOU TO LOOK AT, UM, THE STORMWATER MANAGEMENT DESIGN UNDER THE PRIOR APPROVED PROJECT. I DON'T KNOW IF IT MET, IT CERTAINLY MET THE MINIMUM CODE REQUIREMENT OF 25 YEAR STORM, OTHERWISE IT WOULDN'T HAVE BEEN APPROVED. BUT I DON'T KNOW IF IT, IT WAS SOMETHING GREATER THAN, AND IF IT WASN'T, IF IT JUST MET THE MINIMUM 25 YEAR STORM, SOMETHING TO CONSIDER WOULD BE SEEING IF THERE WERE OPPORTUNITIES TO EXPAND BEYOND THAT. UH, GIVEN THE RECENT HISTORY OF SEVERE STORM EVENTS, UH, THIS SITE IS UP SLOPE FROM THE FOUR CORNERS IN CENTRAL PARK AVENUE, WHICH HAS A HISTORY OF FLOODING. UM, IF THERE WAS AN OPPORTUNITY TO EXPAND ON THAT, I THINK THAT WOULD BE BENEFICIAL. YEP. WE'LL LOOK INTO THAT. ALRIGHT, WELL THANK YOU, UH, FOR THE PRESENTATION AND WE LOOK FORWARD TO SEEING THE APPLICATION. YEAH, THANK YOU ALL VERY MUCH. THANK YOU VERY MUCH. OKAY. HAVE A GOOD EVENING. YOU, SIR. HOW ARE WE FEELING? ARE WE GOOD TO GO? FIVE MINUTES RECESS. ALL RIGHT. UH, WE WILL TAKE A FIVE MINUTE RECESS. STAY TUNED FOR THE 2 85 CHAPTER AMENDMENT UPDATES PRESENTATION. THANK YOU. ALRIGHT, WELCOME BACK TO THE JUNE 3RD, 2026 PLANNING BOARD MEETING. IT IS 8:41 PM UH, THE FINAL ITEM ON OUR AGENDA THIS EVENING IS A CONTINUATION OF OUR, UH, PRESENTATIONS FROM, UH, COMMISSIONER [01:20:01] DUQUESNE REGARDING THE COMPREHENSIVE CHAPTER 2 85, UH, AMENDMENTS. UM, THE TOWN BOARD HAS REFERRED TO THE PLANNING BOARD, UH, THE ZONING TEXT AND ZONING MAP AMENDMENTS. UH, AND OVER THE COURSE OF THE NEXT FEW MEETINGS, WE'LL RECEIVE PRESENTATIONS, UH, UL AND ULTIMATELY MAKE A RECOMMENDATION BACK TO THE TOWN BOARD. UH, THIS EVENING WE WILL BE RECEIVING PRESENTATIONS REGARDING, UH, CHICKENS. UM, AND WHAT ARE THE OTHER TWO? CANNABIS. CANNABIS AND AFFORDABLE HOUSING. AND AFFORDABLE HOUSING. UM, SO WITH THAT, UH, COMMISSIONER DUQUE, THE FLOOR IS YOURS. THANKS VERY MUCH. IF ANY OF OUR BOARD MEMBERS ARE NEXT DEFENSE, SO I'LL TRY TO BE SUFFICIENT AS POSSIBLE HERE. I KNOW WE'RE HAVING A GOOD DISCUSSION. GOOD EVENING. COMMISSIONER PINE. SHE PINE? YEAH, I I JUST GOT A PROMOTION. , THANK YOU AGAIN FOR ALLOWING TIME TO PRESENT VARIOUS ASPECTS OF THE CHAPTER 2 85 ZONING ORDINANCE ZONING MAP AMENDMENTS. LAST MEETING, WE HAD A GOOD DISCUSSION WITH RESPECT TO THE PROPOSED TR TERRYTOWN ROAD MIXED USE DISTRICT, THE PROPOSED M 30 MULTIFAMILY DISTRICT, AND THE PROPOSED REMOVAL OF THE URBAN RENEWAL DISTRICT. TONIGHT I'D LIKE TO START WITH AN OVERVIEW OF THE ZONING ORDINANCE CHANGES THAT PERTAIN TO THE MANNER IN WHICH PORTABLE HOUSING IS REGULATED IN THE TOWN AND PROPOSED TO BE REGULATED. AARON, ARE YOU SET WITH THE GRAPHICS? YES. GREAT, THANK YOU. OKAY, SO LET'S START WITH SOME BASICS. BASELINE STATISTICS. THERE ARE APPROXIMATELY 18,000 PLUS HOUSING UNITS IN UNINCORPORATED GREENBURG 784 OF WHICH ARE REDUCED RATE AFFORDABLE UNITS, MEANING RENTED OR SOLD TO OCCUPANTS THAT DO NOT EXCEED 80% OF WESTCHESTER COUNTY'S AREA MEDIAN INCOME. THIS REPRESENTS ALMOST 4.5% OF THE TOWN'S HOUSING STOCK, WHICH I BELIEVE IS ACTUALLY A HIGH NUMBER COMPARED TO OTHER MUNICIPALITIES IN THE COUNTY. AND WE'RE GONNA WORK ON DATA ON THAT TO TO, TO PROVE THAT OUT OF THESE 784 AFFORDABLE HOUSING UNITS, 58 OF THEM ARE A RESULT OF THE TOWN'S EXISTING INCLUSIONARY ZONING ORDINANCE REQUIREMENT, WHICH REQUIRES THAT 10% OF NEW MULTIFAMILY HOUSING DEVELOPMENT PROPOSALS UNITS BE RENTED OR SOLD BELOW MARKET RATE TO OCCUPANTS THAT DO NOT EXCEED 80% AREA TO MEDIAN INCOME. SO OF THESE 58 UNITS CREATED FROM THE 10% REQUIREMENT, 56 OVERWHELMING MAJORITY ARE RENTAL UNITS. THOSE ARE THOSE THREE DEVELOPMENTS THAT ARE ON THE SCREEN IN YELLOW. THREE SEPARATE DEVELOPMENTS AND TWO ARE FOR SALE UNITS. THE PRESERVE AT GREENER, WHICH OVERALL IS AN 18 UNIT TOWNHOUSE DEVELOPMENT, THE REMAIN THE REMAINDER OF THE 784 AFFORDABLE HOUSING UNITS OUTSIDE OF THE 58 FROM THIS 10% REQUIREMENT WERE 726 UNITS. THOSE CAME IN AS VOLUNTARY, 100% AFFORDABLE HOUSING UNITS IN VARIOUS MULTI-FAMILY DEVELOPMENTS. SOME EXAMPLES ARE THOSE MANAGED OR DEVELOPED BY THE GREENBURG HOUSING AUTHORITY OR FROM PRIVATE AFFORDABLE HOUSING DEVELOPERS OR PROVIDERS SUCH AS WEST TAB MARATHON WILDER, BALTER PARTNERS. AS EXAMPLES, THE 58 UNITS FROM THE 10% REQUIREMENT ARE A SMALL PERCENTAGE OF THE TOTAL 784 HOUSING UNITS. AND THIS IS MAINLY BECAUSE OF THE FACT THAT THERE HAS NOT BEEN A SIGNIFICANT NUMBER OF NEW MARKET RATE MULTIFAMILY BUILDINGS THAT HAVE BEEN BUILT SINCE THE TIME OF THE 10%. 10% PROVISION CAME INTO EFFECT IN ABOUT 1996. HAD THE 10% REQUIREMENT EXISTED TOWARDS THE BEGINNING OF THE TOWN'S SIGNIFICANT DEVELOPMENT GROWTH PATTERNS GOING BACK TO 1920S AND EVEN EARLIER. AND HAD IT HISTORICALLY APPLIED TO SINGLE AND MULTI-FAMILY DEVELOPMENTS, THE TOWN WOULD BE EXPECTED TO NOW HAVE CLOSER TO 10% OF ITS TOTAL HOUSING UNITS OF AFFORDABLE AND THAT WOULD'VE ACTUALLY EQUATED TO ABOUT 1,820 UNITS. SO HOWEVER, ALL THINGS CONSIDERING THE 1996 STARTING POINT OF THE 10% HOUSING, UH, REQUIREMENT, 784 UNITS IS A SIGNIFICANT NUMBER AND A TESTAMENT TO THE PRESENT AND PAST TOWN LEADERSHIP THROUGH ITS BOARDS POLICIES AND THOSE THAT HAVE INVESTED IN THE TOWN. IN PREPARING UPDATES TO CHAPTER 2 85 WITH REGARDS TO AFFORDABLE HOUSING CONSIDERATIONS, STAFF WERE GUIDED BY THE COMPREHENSIVE PLAN, THE TOWNS OF GREENBERG AGAINST SYSTEMIC RACISM REPORT, WHICH WAS LED BY COUNCILWOMAN GINA JACKSON. COMMENTS FROM RESIDENTS DIRECTLY FROM THE PLANNING BOARD AND FROM PAST AFFORD AFFORDABLE HOUSING COMMITTEES AS WELL AS FROM BEST PRACTICES [01:25:01] FROM A INCLUSIONARY HOUSING PLANNING PERSPECTIVE. IN PREPARING THE AMENDMENTS GAPS IN, IN THE ZONING ORDINANCE WERE IDENTIFIED THE 10% REDUCED RATE AFFORDABLE HOUSING PROVISION THAT EXISTS IN THE TOWN DOES NOT INCLUDE APPLICABILITY WITHIN ALL THE ZONING DISTRICTS THAT PERMIT MULTIFAMILY ZONING. BY ADDING THIS REQUIREMENT TO THE PLANNED UNIT DEVELOPMENT OR PUD PR DISTRICT IN M 30 DISTRICT AND WHEN APPROVED THE FOUR CORNERS OVERLAY DISTRICT, THE GAPS IN THIS REGARD WILL BE CLOSED. IN ADDITION, THERE'S NO REQUIREMENT FOR A 10% SET ASIDE FOR THE TOWN'S ONE FAMILY RESIDENCE DISTRICTS AT PRESENT. THE CHAPTER 2 85 AMENDMENTS RECTIFY THIS GAP IN TERMS OF AREA MEETING INCOME APPLICABILITY. THE TOWN PRESENTLY HAS A REQUIREMENT THAT WHETHER DEEMED WORKFORCE OR AFFORDABLE HOUSING UNITS, THE ELIGIBLE OCCUPANTS SHALL NOT HAVE AN INCOME OR COMBINED INCOME THAT IT'S, THAT EXCEEDS 80% A MI. SO LET'S BRIEFLY DIVE IN TO 2026 AREA MEDIAN INCOME FIGURES IN WESTCHESTER COUNTY, WHICH ARE DISPLAYED THE COUNTY MEDIAN. THE COUNTY AREA MEDIAN INCOME IS APPROXIMATELY 170,000 FOR A FAMILY OF FOUR WESTCHESTER COUNTY FOR ONE PERSON HOUSEHOLD, THE THE 80% A MI IS 118,000. SO FAMILY OF 470,001 PERSON HOUSEHOLD 118080% A MI. OH, I'M SORRY, THAT WAS A HUNDRED PERCENT. UH, UH, THAT WAS A HUNDRED PERCENT. I WAS JUST GONNA JUMP IN ON THAT. YES, GREAT. SORRY FOR THE CONFUSION. ONE PERSON DOWN TO 100 118080% IS A FRAME OF REFERENCE, WHICH IS THAT, THAT THRESHOLD NUMBER IN GREENBERG, UH, THE A MI FOR A FAMILY OF FOUR IS APPROXIMATELY 136,000. AND THEN FOR A ONE PERSON HOUSEHOLD, THE A MI DROPS DOWN TO 95,000, ANOTHER 60% A MI FOR REFERENCE, A FAMILY OF FOUR IS 101,000 FOR A ONE PERSON HOUSEHOLD THAT'S 60% A MI IS 71,000. SO JUST WANNA HAVE YOU HAVE THOSE NUMBERS KIND OF, UH, HANDY AS WE, AS WE THINK ABOUT THESE, THESE CHANGES THAT I'M GONNA DISCUSS. RECALL THAT THE 10% SET ASIDE REQUIREMENT IN GREENBURG DEFAULTS TO A NOT TO EXCEED 80% A MI, IN ADDITION TO EXTENDING THE 10% REQUIREMENT TO ALL APPLICABLE ZONES IN THE TOWN. THE OTHER SIGNIFICANT PROPOSED CHAPTER 2 85 UPDATE WAS TO SLIDE THE REQUIREMENT IN A WAY DEEMED MORE INCLUSIONARY. WHAT THIS MEANS IS UPDATING THE REQUIREMENTS TO HAVE NEW SETASIDE UNITS AVAILABLE ALSO TO THOSE WITH INCOMES NOT EXCEEDING 70% AND 60% A MI. THIS WAS ACHIEVED BY A PROPOSED ELIMINATION OF THE TERMS, THE EXISTING TERMS AFFORDABLE AND WORKFORCE HOUSING, WHICH BOTH FOCUS UP TO 80% A MI IN PROPOSED REPLACEMENT WITH THREE TIERS OF WORSE WORKFORCE HOUSING THE CAP AT LIKE 60%, 70%, AND 80%. SO GARRETT, YOUR CONNECTION'S A LITTLE OFF. OH, OKAY. CAN YOU HEAR ME NOW? THAT'S BETTER TRYING TO. OKAY. ALRIGHT, SO ON THE SCREEN WE'VE GOT THE REAL TIME EXAMPLE AND NUMBERS, JUST SIMPLICITY, BUT A HUNDRED UNIT FAMILY BUILDING HAVE TO PROVIDE 10% WORKFORCE HOUSING. PRESENTLY 10% OR 10 OF 100 UNITS RENTED TO A FAMILY OF FOUR, AGAIN WOULD BE, UH, 136,000. SO THAT'S, THAT'S WHAT PRESENTLY THE ORDINANCE CALLS FOR. AND WHAT'S PROPOSED IS A HUGE SYSTEM AND WAY IT WOULD WORK IS AGAIN, IT HITS THE BROADER RANGE OF AFFORDABILITY. AND AS YOU CAN SEE ON THE SCREEN, FOUR OF THE 10 WILL BE 136,000 A MI CAP, BUT THREE WOULD DROP DOWN TO 119,003 WOULD UH, NOT EXCEED 102,000. SO THE WHOLE POINT IS TO BROADEN THE RANGE OF AFFORDABILITY, UH, COVER SOME ADDITIONAL NEEDS THAT PERMEATE THROUGHOUT COUNTY. SO I BELIEVE THESE AMENDMENTS WOULD POSITION THE TAP AS ONE OF THE MORE PROGRESSIVE COMMUNITIES IN THE COUNTY WITH REGARDS TO INCLUSIONARY ZONING OF NOTE, WESTCHESTER COUNTY, IN REVIEWING THESE AMENDMENTS, COMMENTED THAT IT APPRECIATED THE ZONING DISTRICT ELIGIBILITY UPDATES THAT THE TOWN SEEKS TO MAKE. AND PARTICULARLY BY ADDING ONE [01:30:01] FAMILY RESIDENCE DISTRICTS AND PROJECTS, IT ALSO APPRECIATED THAT THE ELIGIBILITY REQUIREMENT IS SLATED TO BEGIN AT FIVE UNIT PROJECTS. NOW, WESTCHESTER COUNTY RECOMMENDED THAT GREENBURG CONSIDER HAVING A U 60% A MI CAP FOR ALL RENTALS AND DEFINE IT AS AFFORDABLE HOUSING. SO THAT'S DIFFERENT THAN WHAT'S PROPOSED. IT NOTED THAT THE TERM WORKFORCE HOUSING IS ACTUALLY GENERALLY ASSOCIATED WITH 80 TO 120% A MI MAXIMUMS. SO BEFORE I GIVE MY ASSESSMENT ON THOSE COUNTY COMMENTS, WHAT I'D LIKE TO DO NOW IS PAUSE AND SEE IF THERE'S ANY QUESTIONS FROM BOARD MEMBERS OR SEE IF THERE'S ANY COMMENTS ON WHAT WE'VE DISCUSSED THUS FAR. ALRIGHT, SO I I DID HAVE ONE COMMENT QUESTION. UM, AND I, I KNOW THIS COMMENT, UH, ORIGINATED FROM TOWN PLANNER BRITAIN, SO I I DO WANNA GIVE HIM CREDIT. UM, YOU KNOW, WHEN, WHEN HE AND I WERE SPEAKING, YOU KNOW, HE SUGGESTED, AND ACTUALLY WHAT YOU JUST HAD UP WAS, WAS HELPFUL. UM, YOU KNOW, INSTEAD OF SAYING DEFINITIVELY, YOU KNOW, FOUR OF THESE UNITS NOT TO EXCEED, UH, YOU KNOW, THREE OF THESE UNITS NOT TO EXCEED, UM, TO PUT, YOU KNOW, AT LEAST AS A PREFACE TO THESE REQUIREMENTS. SO IF A DEVELOPER WANTED TO BE, YOU KNOW, MORE INCLUSIVE AND PROVIDE MORE AFFORDABLE HOUSING, IT GAVE THEM THE FLEXIBILITY TO DO SO. BUT AT A MINIMUM, UM, THEY WOULD HAVE TO, THEY WOULD HAVE TO OFFER, UM, A, A CERTAIN NUMBER OF UNITS AT THE, THE MOST GENEROUS LEVEL, UH, AND A AND, YOU KNOW, A CERTAIN, AND, AND, YOU KNOW, UP TO THE, THE NUMBER OF UNITS AT, AT THE LESS GENEROUS LEVEL. UM, DOES THAT MAKE SENSE? YEAH, IT DOES. UM, SO I THINK WE'LL REVISIT THE PROPOSED LANGUAGE TO SEE IF WE CAN, CAN MAKE IT MORE CLEAR IN THAT REGARD. AND CERTAINLY WE WOULD NEVER WANT TO PENALIZE AN APPLICANT THAT, UH, SPEAKS TO GO OVER AND ABOVE. AND I JUST WANT TO, UM, REMIND THE BOARD THAT ONCE YOU HIT THE 20%, UH, THRESHOLD VOLUNTARILY, IF YOU, IF YOU SO CHOOSE, THERE ARE DENSITY, BONUS, UM, ELIGIBILITY, UH, ASPECTS THAT THAT COULD COME INTO PLAY. UM, BUT YOUR POINT'S WELL TAKEN AND I THINK WE NEED TO MAYBE REVERSE THE LANGUAGE A LITTLE BIT AND, UH, DISCUSS MINIMUMS. GREAT, THANK YOU. UM, ANY QUESTIONS FROM THE BOARD, MS. ROBINSON, AFTER THIS, IS HE GOING TO THE NEXT SECTION? YES. YEAH. OKAY. SO LEMME ASK, I DO HAVE QUESTIONS. UM, UM, IN THE, UM, IN THE WORKFORCE SECTION IT TALKS ABOUT, UM, SPECIFICALLY AND, UM, A SWORN AFFIDAVIT TO DEVELOPERS, RENTAL AGENTS, CONDOMINIUMS, AND CO-OP BOARDS, UM, TO ENSURE THAT, YOU KNOW, THEY ARE ACTUALLY USING THESE UNITS AS THEY ARE INTENDED. UM, I WAS WONDERING IF HOMEOWNERS THAT DON'T USE RENTAL AGENCIES, UM, WOULD BE ADDED, UM, JUST SO THAT WE CAN HOLD, UH, EVERYONE ACCOUNTABLE. HUH, GREAT COMMENT. NOW, DOES THAT PERTAIN TO, UH, THE A DU ASPECT? YES. IF WE CAN HOLD, IF YOU COULD JUST PLEASE BRING THAT YES. YES. SO, UH, I SHOULD HAVE, I SHOULD HAVE JUMPED IN BECAUSE YOU DID ASK, UM, CORRECTLY IF COMMISSIONER WAS GONNA MOVE ON. HE ACTUALLY HAD, UH, JUST A COUPLE OTHER OKAY. SENSES, AND I THINK HE IS GOING TO GET INTO THE A DU. THANK YOU. UM, SO I THINK I WILL HOLD IF WE JUST HOLD OFF TO SEE IF THERE ARE ANY OTHER QUESTIONS RELATIVE TO WHAT WE'VE DISCUSSED ALREADY. WE'RE GONNA GET INTO THAT, UM, NEXT. OKAY. SO ALSO JUST TO POINT OUT, UM, WITH THE COUNTY'S RECOMMENDATION, EVEN THOUGH THE PLANNING BOARD'S NOT MAKING THE ULTIMATE DECISION, UM, IF THE, UH, TOWN BOARD ULTIMATELY DECIDES TO NOT INCORPORATE WHAT THE COUNTY IS PROPOSING, IT WOULD NEED A SUPER MAJORITY FROM THE TIME TO DIFFER FROM WHAT THE COUNTY'S PROPOSING. OKAY, GREAT. COMMISSIONER, YOU, YOU BACK, WE LOST YOU FOR A MOMENT, BUT I EXPLAIN. I'M ALL SET. YEAH. HEARD, I HEARD YOU DID HEAR. OKAY, GREAT. FOLLOW ALONG THAT, UH, GREAT DISCUSSION AND, AND, UH, MR. ROBINSON. YEAH, WE'RE GONNA, WE'RE GONNA, UM, I'LL GET INTO THE SINGLE FAMILY SIDE OF THINGS IN JUST A MOMENT. UH, SO PLEASE DO BRING THAT QUESTION UP, UH, WHEN I PAUSE NEXT. UM, [01:35:01] BEFORE I MOVE ON TO THAT THOUGH, IF I COULD, I'D JUST LIKE TO, UM, GIVE MY ASSESSMENT OO OF THE COUNTY COMMENTS ON THE, UH, THIS, THEIR, UH, RECOMMENDATION WITH REGARD TO THE 60%. AND SO TO DO THAT, I THINK IT WOULD BE BEST, AARON, IF YOU COULD REVERSE THE SLIDE TO THE, UM, GRAPHIC PRIOR YES. AND ZOOM IN ON THAT CHART, WHICH WOULD BE GREAT. OKAY. SO JUST TO RECAP, WE'VE GOT, WE'VE GOT OUR THREE PROPOSED TIERS. UH, TOWN OF GREENBURG WITH WORKFORCE ONE, TWO, AND THREE. COUNTY IS SAYING, UH, REALLY WORKFORCE CONNOTES 80% AND UP. UM, THERE WAS AN ELEMENT OF, UH, THE TERM WORKFORCE, UH, GOING A DIFFERENT, DIFFERENT DIRECTION IN THE TERM AFFORDABLE, WHICH I FEEL OFTEN IS, IS RATHER VAGUE. I I DON'T NECESSARILY THINK IT HAS A NEGATIVE CONNOTATION, BUT, UM, I, I PERSONALLY GENERALLY THOUGHT WORKFORCE, UM, HAS A MORE POSITIVE CONNOTATION. AND BY DOING THE TIERS, I WAS MORE FOCUSED ON THE RESULT AS OPPOSED TO, UM, I GUESS WHAT'S THE MORE CUSTOMARY USE OF THE TERM WORKFORCE. BUT HAVING SAID THAT, LET'S, LET'S JUST DRILL DOWN EXACTLY. SO THE MODEL ORDINANCE IN THE COUNTY SAYS THAT REALLY YOUR 10% IS BEST SUITED FOR 60% A MI ON RENTALS. NOW, I DON'T BELIEVE MANY COMMUNITIES IN THE COUNTY, UM, HAVE THEIR ORDINANCE SET UP THAT WAY. I THINK MANY ARE 80%, AND I, I HAD FELT THAT GOING WITH 80, 70 AND 60, UM, GETS CLOSER TO THE COUNTY MODEL ORDINANCE. UM, I RESPECT THE COUNTY'S COMMENT THERE, AND I THINK IT'S, I HAVE, YOU KNOW, I WANT TO THINK ABOUT IT MORE. I'M GONNA DO SOME MORE RESEARCH, BUT A COUPLE THINGS THAT JUMPED OUT AT ME IS WHEN YOU LOOK AT, LET'S JUST SAY, UM, 80% FAMILY OF FOUR, AND WE SEE THAT 1 35, 700, IF THE TOWN OF GREENBURG WERE TO ADOPT THE COUNTY MODEL ORDINANCE AT 60%, AND LET'S JUST SAY HYPOTHETICALLY THAT A HUNDRED UNIT, UM, DEVELOPMENT COMES IN, UM, YOU ARE ESSENTIALLY NOT CREATING UNITS FOR A FAMILY OF FOUR THAT, YOU KNOW, COLLECTIVELY EARN 135,000. AND I DO FEEL THAT THERE'S, THAT THERE'S A NEED FOR THAT. AND YOU KNOW, THERE'S A GAP IN WESTCHESTER COUNTY FOR THAT TYPE OF HOUSING AT THAT INCOME. SO WHILE YES, GOING WITH A FLAT 60% WILL BENEFIT THOSE THAT, UM, DON'T MAKE QUITE THAT MUCH KNOWING, UM, COSTS IN WESTCHESTER COUNTY, UM, I ACTUALLY THINK THAT THERE COULD BE A NEGATIVE ASPECT OF THAT. AND I DO THINK IT'S IMPORTANT TO HIT 70% AND 80%. SO THE SORT OF BLENDED APPROACH THAT, UM, IS PART OF TWO EIGHTY FIVE, I THINK WE CALL COLLECTIVELY SHOULD THINK ABOUT. BUT, UM, I DON'T THINK IT'S AS SIMPLE AS SAYING, HEY, THE MODEL ORDINANCE IS 60, THE TOWN OF GREENBERG SHOULD, YOU KNOW, ABSOLUTELY DO THAT. I THINK IT NEEDS A LITTLE MORE THOUGHT. AND THE OTHER THING I'LL CLOSE WITH AND THEN MAYBE SEE IF ANYONE HAS ANY COMMENTS ON THAT IS, UM, I DID THINK CLOSELY ABOUT THIS, YOU KNOW, THE, THE REALITY THAT WORKFORCES CONNOTES 80% TO 120% IN MANY CIRCLES IN THE PLANNING INDUSTRY. UM, AND I HAD DONE SOME RESEARCH AND ONE ALTERNATIVE THAT I'VE BEEN THINKING ABOUT IS NOT USING THE TERM WORKFORCE AND LET'S JUST SAY THE TIER, THE THREE TIER SYSTEM THAT'S BEEN PRESENTED THIS EVENING. AND THAT'S A PART OF THESE CHANGES IF THAT WERE FLIPPED TO, UH, BELOW MARKET RATE ONE, BELOW MARKET RATE TWO AND BELOW MARKET RATE THREE, UM, I FEEL LIKE THAT HAS A VERY, UH, NEUTRAL TONE AND, UM, BMR ONE, BMR TWO B TWO, UH, ACHIEVES THE SAME GOAL AND DOESN'T HAVE THAT INCONSISTENT INCONSISTENCY WITH THE TERMINOLOGY. UM, SO THAT IS ONE THING THAT'S ALSO I, I'VE BEEN THINKING ABOUT, UM, IN TERMS OF, YOU KNOW, HOW TO BEST MOVE FORWARD. UM, YEAH, I CAN YOU PAUSE THERE? YEAH, I, I I, I WOULD AGREE AND I THINK THE BELOW MARKET RATE PHRASING IS CLEARER, UH, AND, AND MORE NEUTRAL MM-HMM . AND I ALSO AGREE WITH THE VARIATION OF US TRYING TO GET A NICE MIXTURE OF EVERYONE AND NOT JUST FOCUSING ON ONE GROUP AND LEAVING OUT ANOTHER. SO THE 60, 70, 80, UM, IS DEFINITELY A WAY TO DO THAT. BUT, SO JUST TO UNDERSTAND WHAT, WHAT DEPUTY TOWN ATTORNEY MAGNA SAID EARLIER, YOU KNOW, IF, IF WE WERE TO ULTIMATELY RECOMMEND THAT, YOU KNOW, WE MOVE FORWARD WITH WHAT WAS ORIGINALLY PROPOSED, WHICH IS THE 60, 70, 80, THAT WOULD ULTIMATELY REQUIRE A SUPER MAJORITY OF THE TOWN BOARD TO, TO ADOPT. CORRECT. OKAY. I THINK I ALSO, UM, I'M MAKING [01:40:01] THAT DECISION. I, I WOULD WANNA HAVE THAT CONVERSATION WITH THE COUNTY. UM, I THINK ULTIMATELY THERE'S SOME LEVEL OF, UM, UH, OBJECTIVITY. I MEAN, ULTIMATELY WE'RE DOING A LOT OF GOOD THINGS AND THE COUNTY'S SAYING, UM, YOU'RE TAKING GREAT STEPS IN SOME REGARDS, WE'RE GOING, UM, YOU KNOW, MORE, UH, INCLUSIONARY THAN THE COUNTY'S SAYING ALLAH STARTING THE 10% ONCE YOU HIT A FIVE YEAR THRESHOLD. UM, AND IF WE'RE, YOU KNOW, THE TOWN'S THRUSTING ITSELF IN THE UPPER ECHELON OF PROGRESSIVE COMMUNITIES IN THIS REGARD, LET'S JUST SAY WITH THREE TIERS OF, UH, BLOW MARKET RATE, UM, I PERSONALLY WOULD ACTUALLY WANT TO HAVE A CONVERSATION WITH THE COUNTY TO SEE IF, YOU KNOW, THEY WOULD TAKE THAT HARD AND FAST APPROACH THAT, YOU KNOW, YOU'RE NOT MODEL ORDINANCE, YOU KNOW, WE, YOU KNOW, STRONGLY SEE, YOU KNOW, ARE NEGATIVE ON WHAT YOU'RE DOING. UH, I DON'T THINK THE COUNTY WOULD SAY THAT. I JUST THINK IT'S CONSIDERATION, BUT I DO RESPECT WHAT, UM, UH, YOU KNOW, AMANDA IS INDICATING THERE, UH, THAT THE SUPER MAJORITY RULE AND WE SHOULD CERTAINLY BE COGNIZANT OF IT. YEAH. ALRIGHT. THANK YOU. ANY OTHER QUESTIONS FROM THE BOARD MEMBERS OR WE'RE READY TO MOVE ON? YEP. LET'S, LET'S PUSH FORWARD. GREAT. THANKS FOR YOUR FEEDBACK THERE. APPRECIATE THAT. OKAY. A BIG ONE. OKAY. SO CIRCLING BACK TO THE ADDITION OF THE 10% REQUIREMENT FOR THE ONE FAMILY RESIDENCE RESIDENTIAL DISTRICTS AND PROJECTS, PLEASE NOTE THAT TO THE EXTENT THE BELOW MARKET RATE UNITS FOR SALE, THOSE WOULD BE SOLD TO OCCUPANTS THAT DO NOT EXCEED 80% A MI. SO FOR THE, FOR SALE UNITS, THOSE ARE 80% NOT TO EXCEED 80% AM MI. AND THAT'S PROPOSED TO MIMIC THE COUNTY MODEL ORDINANCE FOR THE TREATMENT OF FOR SALE UNITS. THE COUNTY IS ACTUALLY SAYING DON'T GO TO 70, DON'T GO TO 60 ON THE FOR SALE UNITS BASED ON A WHOLE VARIETY OF METRICS AND, UH, JUST THE SUSTAINABILITY OF HAVING THAT 80% A MI TO SUSTAIN A FOR SALE UNIT. SO, UH, IN THAT REGARD, I DO WANT YOU TO KNOW THAT, UM, WHEN I INDICATE 60, 70, AND 80, THAT'S ALL FOR RENTALS. JUST TO REITERATE IN THAT 80%, UM, IT'S NOT AS IF, UH, A 60% A MI WON'T EXCLUDE PEOPLE FROM HOME OWNERSHIP OPPORTUNITIES, BUT I'M JUST TRUSTING THE WISDOM OF THE COUNTY WHO'S SAYING IT'S MOST SUSTAINABLE TO STAY AT 80. OKAY. ALSO, OF NOTE, THE CHAPTER 2 85 AMENDMENTS DO PROVIDE A DEVELOPER WITH THE OPTION OF PROVIDING 10% OF THE PROJECT AS A BELOW MARKET RATE. OR ALTERNATIVELY, THE PROPOSED AMENDMENTS ALLOW FOR AN OPTIONAL INCLUSION OF 80 UNITS TO COMPLY. THIS WOULD BE ACHIEVED BY THE DESIGNING INTO THE PROJECT AND HAVING APPROVED TWO 80 U UNITS FOR EVERY ONE AFFORDABLE HOUSING UNIT, WHICH WOULD OTHERWISE HAVE BEEN REQUIRED. AND I DO KNOW THAT THE A DU, UM, ALTERNATIVE WAY TO MEET THE CODE, UH, DOES NOT HAVE INCOME REQUIREMENTS. SO, UM, HERE I DO WANNA PAUSE AND I KNOW AT A MINIMUM, UM, NATASHA, YOU HAD A VERY GERMANE QUESTION, SO IF YOU COULD, I'D JUST ALLOW YOU TO REITERATE THAT, I'D BE HAPPY TO SPEAK ABOUT THAT. DID YOU JUST SAY THAT THE, UM, THE A DU UM, UNIT, UM, IF THEY DECIDED TO GO THAT ROUTE, THEY DO NOT HAVE INCOME ELIGIBILITY REQUIREMENTS? THAT IS HOW IT'S, UH, PRESENTLY, UH, DRAFTED? YES, AND CERTAINLY OPEN FOR DISCUSSION . OKAY. OKAY. UM, SO I DO HAVE A LOT OF QUESTIONS ABOUT THAT. UM, CURRENTLY, UM, I GUESS I AM REALLY WITH THE, UM, THE FAMILY MEMBER OPTION IN THE A DU UNITS. UM, I KNOW THERE'S BEEN A LOT OF DISCUSSION ABOUT, UM, HOMEOWNERS WANTING TO PUT THEIR FAMILY MEMBERS IN THE UNITS, UM, INSTEAD, SO WHAT WOULD BE THE AGE REQUIREMENT? WOULD THEY, WOULD THEY BE 18 YEARS OR OLDER? IS THAT THE REQUIREMENT OR ARE WE ALLOWING THEM TO PUT ANY FAMILY MEMBER IN THERE? THERE'S NO, LET'S JUST SAY THE DEVELOPER OPTED IN A 10 LOT SUBDIVISION TO, INSTEAD OF DOING THE ONE OF THOSE 10, THE STANDARD SINGLE FAMILY HOME THAT WOULD BE SOLD, UH, FOR 80% EMI, LET'S SAY THEY OPTED TO ALTERNATIVELY, UH, DESIGN AND HAVE DEVELOPED TWO OF THOSE 10 LOTS WITH ADUS. UM, IT, THE WAY THE, THE LAW IS STRUCTURED, [01:45:01] ABSOLUTELY IT WOULD BE ELIGIBLE FOR ONE TO PURCHASE THAT HOME AND MOVE A FAMILY MEMBER IN. SO THAT, THAT CERTAINLY WOULD NOT BE EXCLUDED. IT WOULD, UM, YOU KNOW, I WOULD SAY NEUTRAL, BUT ENCOURAGED ABSOLUTELY NO ISSUE WITH THAT AS FAR AS THE AGE THAT , UH, IF I COULD, AMANDA, DO YOU HAVE ANY, UM, WORDS OF WISDOM THERE? IS, IS THERE ANY AGE ELEMENT THAT YOU THINK WOULD BE APPROPRIATE TO ADD? UM, SO NO AGE COMPONENT WAS CONSIDERED. UM, IF YOU GO WAY BACK IN TIME TO, UH, THE ORIGINAL CONCEPTS OF ADUS, THERE WAS WHAT WAS CALLED ECO OR ECHO HOUSING, WHICH WAS LIKE, UH, UNITS FOR ELDERLY FAMILY MEMBERS TO STAY ON THE PROPERTY WITH THE, YOU KNOW, OTHER FAMILY MEMBERS IN THE MAIN HOUSE. I GUESS YOU COULD SAY IT WAS A SEPARATE UNIT THAT WAS ORIGINAL CONCEPT OF ADUS OR IT WAS ONE OF THEM. UM, BUT THAT'S NOT GENERALLY BEEN THE CASE, UH, RECENTLY. UM, YEAH, I MEAN, I, I, I THINK IT'D BE WORTH CONSIDERING AN, AN AGE REQUIREMENT. UH, AND, AND ULTIMATELY WHERE, WHERE, WHERE I STAND ON THIS AND I, AND YOU KNOW, DEPUTY COMMISSIONER SCHMIDT AND I HAD A, HAD A LONG CONVERSATION ON MONDAY. YOU KNOW, IIII THINK IT'S IMPORTANT NOT TO CONFLATE WHAT, WHAT THE PURPOSE OF THE A DU LAW THAT THE TOWN BOARD RECENTLY PASSED WITH, WHAT ULTIMATELY THE PURPOSE OF THE AFFORDABILITY REQUIREMENTS WITHIN THE CODE IS TRYING TO ACCOMPLISH. AND THE ALTERNATIVE OPTION THAT WE WOULD BE GIVING DEVELOPERS WHO ARE, ARE FOR WHATEVER REASON, CHOOSE THAT ADUS, UM, MAKE MORE SENSE FOR THEM THAN MAKING A SINGLE FAMILY UNIT AFFORDABLE. UM, YOU KNOW, THE, THE GOAL IS TO PROVIDE AFFORDABLE HOUSING TO THOSE WHO MEET THE, THE A MI CRITERIA. AND, YOU KNOW, WHILE IT MAY BE UNLIKELY, UM, I FEAR THAT WITHOUT ANY PARAMETERS OR WITHOUT ANY, UM, STRUCTURE, YOU KNOW, SOMEONE WOULD PURCHASE, YOU KNOW, A UNIT IN A SUBDIVISION THAT HAS AN A DU AND THEN USE IT FOR STORAGE OR USE IT FOR A MAN CAVE, UM, OR, OR, OR, OR A A, SHE SHED, UM, OR, YOU KNOW, USE IT ULTIMATELY FOR A PURPOSE THAT DOESN'T ACTUALLY PROVIDE HOUSING AN ADDITIONAL HOUSING UNIT TO AN ADDITIONAL PERSON. UM, AND SO I THINK IT'S, IT'S REALLY IMPORTANT THAT, YOU KNOW, WHILE, WHILE THE A DU LAW THAT THE TOWN BOARD RECENTLY PASSED WASN'T EXPLICITLY MEANT TO BE A, A, AN, AN AFFORDABLE MEASURE, THOUGH THERE ARE, YOU KNOW, JUST BY INCREASING, UH, VOLUME, ULTIMATELY AFFORDABILITY WILL COME WITH THIS. THIS IS MEANT TO BE EXPLICITLY, UH, AND DIRECTLY, UM, AN AFFORDABILITY MEASURE AND, AND WE SHOULDN'T LOSE SIGHT OF THAT. RIGHT. UM, AND, AND SO, YOU KNOW, ONE OF THE CONCEPTS THAT COMMISSIONER SCHMIDT AND I DISCUSSED ON MONDAY, AND, UM, IF, IF YOU COULD, IF YOU CAN FILL IN THE GAPS THAT, THAT I MIGHT MISS, I'D APPRECIATE IT. UM, WELL, LET ME ACTUALLY, I'LL, I'LL, I'LL ASK A QUESTION INSTEAD OF TRYING TO, TO MAKE A STATEMENT, UM, COULD, COULD YOU EXPLAIN TO THE BOARD AND, AND TO THE PUBLIC WATCHING, UM, HOW THE TOWN'S CURRENT AFFORDABLE UNITS ARE, ARE MANAGED IN TERMS OF ENSURING THAT, UM, THEY MEET THE AFFORDABILITY REQUIREMENTS? AND YOU HAD MENTIONED THAT THE TOWN IS A PART OF A COUNTY PROGRAM THAT BASICALLY ADMINISTERS THIS FOR THE TOWN. YEAH, OF COURSE. SO RECALL, WE TALKED ABOUT 58 TOTAL UNITS THAT ARE IN THAT CATEGORY, AND 56 OF THOSE ARE RENTAL TO FOR SALE. THE TOWN OF GREENBURG ENTERED INTO A CONTRACT WITH THE WESTCHESTER COUNTY. SO THE TOWN BOARD BY RESOLUTION APPROVED THE CONTRACT BY WHICH WESTCHESTER COUNTY PLANNING DEPARTMENT AND FULLY ASSIST THE TOWN OF GREENBURG IN THE OVERSIGHT OF ALL OF THOSE 58 UNITS. SO WHAT THAT MEANS IS WHEN ANNUAL CERTIFICATIONS ARE SENT IN BY THE THREE, UH, SEPARATE RENTAL DEVELOPMENTS, THEY GO TO THE COUNTY, THE COUNTY, UH, VETS, THE LIST TAKES A LOOK AT THE NUMBER OF HOUSEHOLD, MAKE SURE THAT ALL THE NUMBERS LINE UP, AND THAT AT THE AMIS ARE NOT EXCEEDED. UM, IN A SIMILAR SENSE, IF THE FOUR SALE, THE TWO, FOUR SALE UNITS TRANSACT, AND THEY ABSOLUTELY DO, DOESN'T MEAN THAT, UM, THOSE STAY IN THE SAME POSSESSION FOR ETERNITY, WHICH IS A GOOD THING. UM, I HAVE SEEN THEM SOLD, THEY DO THE SAME THING. THEY ENSURE THAT THE BUYER PURCHASE THAT PURCHASES THAT UNIT, AND THEY THEMSELVES ARE [01:50:01] IN A POSITION WHERE THEY DO NOT EXCEED 80%. SO, UH, WESTCHESTER COUNTY, UH, FORTUNATELY ASSISTS THE TOWN AND UNDERTAKES THAT FULL ROLE. AND, AND SO, UM, YOU KNOW WHAT, WHAT, WHAT I THINK WOULD BE INTERESTING FOR US TO EXPLORE FURTHER IS IF THERE IS A WAY TO CREATE, UM, AFFORDABILITY REQUIREMENTS AROUND THESE ADUS AND ULTIMATELY INCLUDE THESE AFFORDABLE ADUS INTO THE SAME OVERSIGHT PROGRAM SO THAT WE CAN ENSURE THAT, UM, THOSE LIVING IN THESE AFFORDABLE ADUS, UM, YOU KNOW, ARE, ARE ACTUALLY SOLVING OUR UNDERLINING GOAL, WHICH IS TO PROVIDE, UM, AFFORDABLE HOUSING TO THOSE WHO OTHERWISE, UM, MIGHT NOT BE ABLE TO LIVE IN OUR COMMUNITY. WHAT, WHAT I DON'T, WHAT I DON'T KNOW IS, UM, YOU KNOW, TO, TO MS. ROBINSON'S POINT EARLIER, THERE, THERE ARE SORT OF TWO, TWO POTENTIAL PATHWAYS FOR, FOR A DU OCCUPANCY. THERE'S GOING TO AN OUTSIDE THIRD PARTY INDIVIDUAL AND, AND RENTING, UM, RENTING TO A THIRD PARTY INDIVIDUAL THAT A DU. AND THEN THERE IS THE OPTION OF PROVIDING HOUSING TO A FAMILY MEMBER, WHETHER THAT'S A, UM, YOU KNOW, A A AN ADULT CHILD WHO INSTEAD OF HAVING TO, YOU KNOW, PAY RENT FOR AN APARTMENT ELSEWHERE, CREATE SOME SORT OF ARRANGEMENT WITH, WITH THEIR, THEIR PARENTS OR GRANDPARENTS OR, OR FAMILY MEMBER OR, YOU KNOW, ON, ON THE, ON THE OTHER END, UM, YOU KNOW, UH, AN, AN ELDERLY COUPLE OR AN ELDERLY INDIVIDUAL WHO INSTEAD OF LIVING, UH, IN ASSISTED LIVING OR, OR LIVING ON THEIR OWN ULTIMATELY LIVE WITHIN THE A DU ON, ON A RELATIVE'S PROPERTY. AND SO I DON'T KNOW IF OR HOW, UM, YOU KNOW, THIS, THIS COUNTY PROGRAM WOULD CERTIFY THAT POTENTIAL OPTION FOR AN A DU. AND SO MAYBE THAT WOULD, THAT WOULD REQUIRE SOME, SOME FINESSING ON, ON OUR END. UM, BUT ULTIMATELY I THINK THERE NEEDS TO BE SOME, SOME SORT OF MECHANISM, SOME SORT OF OVERSIGHT THAT, YOU KNOW, IF, IF A DEVELOPER IS, UM, CHOOSING NOT TO PROVIDE A, A SINGLE AFFORDABLE SINGLE FAMILY HOME, UM, THAT THE, THE UNDERLINING GOAL OF PROVIDING AFFORDABLE HOUSING, UM, IS NOT LOST IF A DEVELOPER THEN CHOOSES TO GO THE A DU ROUTE. UM, AND, AND ULTIMATELY I THINK THERE'S EVEN AN ARGUMENT TO BE MADE, UM, TO INCENTIVIZE THE A DU ROUTE BECAUSE, UH, ULTIMATELY THE, YOU KNOW, IF, IF A DEVELOPER IS BUILDING AN AFFORDABLE SINGLE FAMILY HOME, WE ARE HOUSING ONE FAMILY, AND IF A DEVELOPER IS CHOOSING THE A DU ROUTE, UM, WE ARE HOUSING TWO FAMILIES. AND ULTIMATELY THE, THE MORE FAMILIES THAT WE CAN PROVIDE MORE AFFORDABLE HOUSING TO, UH, THE BETTER. UM, AND AND TO THAT END, ONE, ONE OTHER CONSIDERATION THAT, THAT I, I'D ASK US TO, TO THINK ABOUT, UM, AT LEAST IN THE WAY IT WAS PRESENTED, IT SOUNDED LIKE IT WAS SORT OF AN ALL OR NOTHING. UM, YOU KNOW, EITHER YOU, YOU GO THE ONE SINGLE FAMILY HOME ROUTE OR YOU GO THE, THE THE TWO A DU ROUTE. AND SO, YOU KNOW, GRANTED THIS WOULD ONLY BE FOR A LARGER SCALE PROJECT, BUT SAY IT'S A 20 OR 30, UH, HOUSE SUBDIVISION, UM, OR REALLY, YOU KNOW, UP TO 20 OR UP TO 30, THAT WOULD REQUIRE THE TWO OR THREE AFFORDABLE UNITS. UM, IF THE DEVELOPER BASED ON SPACE CONSTRAINTS AND JUST, YOU KNOW, WANTING TO PROVIDE A, A BLEND OF OPTIONS IF THEY WANTED TO DO, YOU KNOW, PROVIDE ONE SINGLE FAMILY HOME TO MEET THAT FIRST REQUIREMENT AND THEN TWO, OR, YOU KNOW, TWO ADUS TO MEET THAT SECOND REQUIREMENT AND THEN ANOTHER SINGLE FAMILY HOME OR ANOTHER TWO ADUS TO MEET THAT THIRD REQUIREMENT, GIVING THEM THAT OPTION TO BLEND, UM, YOU KNOW, I THINK IS IMPORTANT BECAUSE ULTIMATELY OUR, OUR GOAL IS TO PROVIDE, UM, YOU KNOW, SIMILAR TO THE CONVERSATION WE HAD EARLIER ABOUT, ABOUT RENTAL AFFORDABILITY, YOU KNOW, WE WANNA PROVIDE A VARIETY OF HOUSING FOR A VARIETY OF PEOPLE TO MEET A VARIETY OF NEEDS. WELL SAID. WELL SAID. YEAH. YEAH. APPRECIATE THAT. SO WE'RE GONNA WORK THIS INTO THE PLANNING BOARD RECOMMENDATION, BUT I WILL DO SOME, UH, INQUIRIES TO WESTCHESTER COUNTY TO DISCUSS THE DYNAMIC OF OVERSIGHT ON THE A DU. I DON'T SEE WHY THAT WOULD BE A PROBLEM. UM, BUT WE'LL ALSO LAYER IN THE, THE, UH, DYNAMIC OF, IN THE CASE THAT IT'S A, A RELATIVE, LET'S SAY THAT, YOU KNOW, IS LIVING RENT FREE OR SOMETHING LIKE THAT, YOU KNOW, WOULD THEY UNDERSTAND THAT THERE ARE CONCEIVABLY, UM, BE A WAIVER, YOU KNOW, IF THEIR INCOME IS TOO HIGH OR SOMETHING LIKE THAT, BECAUSE I DON'T THINK WE'RE [01:55:01] LOOKING TO PRECLUDE A SITUATION LIKE THAT ON THE FAMILY SIDE. SO, UH, YEAH, I LIKE THE OPTIONS AND, UM, APPRECIATE 'EM. YEAH, AND HONESTLY, TO DYLAN'S POINT, UM, IF WE'RE, IF WE'RE GIVING OPTIONS, UM, YOU KNOW, JUST READING, YOU KNOW, ALL OF OUR NOTES HERE AND EVERYTHING WE HAVE AS FAR AS, YOU KNOW, THE WORKFORCE ONE, TWO, AND THREE, IT JUST SEEMS TO MAKE SENSE, YOU KNOW, WHY IS A SINGLE FAMILY PART OF THE WORKFORCE, BUT THEN THESE A DU UNITS ARE NOT JUST, WE'RE NOT SAYING ALL A D UNITS A D OR ADUS, WE'RE JUST SAYING THE ONES THAT ARE PART OF THIS AGREEMENT AND THAT'S UNDER ABSOLUTELY RIGHT, IS THE 10% SET ASIDE ONLY. RIGHT? RIGHT. YEAH. IF SOMEONE WANTS TO INSTALL AN A DU ON THEIR PROPERTY, YOU KNOW, BASED ON, YOU KNOW, JUST, JUST, JUST WISHING TO DO SO, THEY, THEY CAN DO, YOU KNOW, ULTIMATELY WHAT THEY WANT WITH, WITH THEIR PROPERTY WITHIN THE CONFINES OF THE CODE. RIGHT. AND ULTIMATELY, YOU KNOW, THE, THE APPROVAL OF THE PLANNING BOARD AS, AS THE CODE IS WRITTEN NOW, UM, BUT SPECIFICALLY WHEN WE'RE, WHEN WE'RE MASTER PLANNING, UH, A SUBDIVISION, IF, IF WE HAVE AN AFFORDABILITY REQUIREMENT, UM, WE NEED TO ENSURE THAT, THAT THE AFFORDABILITY IS, IS DELIVERED, UH, WHETHER THEY, THEY CHOOSE TO GO ONE OF THESE TWO PATHS OR A BLENDED PATH OF SINGLE FAMILY, AFFORDABLE SINGLE FAMILY UNITS, UH, AFFORDABLE A DU UNITS OR, OR A BLEND OF THE TWO. SO THANK YOU, MS. ROBINSON. I FEEL LIKE THIS WILL ALL LEAD TO, UH, IMPROVEMENTS TO THE LAW. I KNOW IT WILL. UM, IF I COULD, THERE, I KNOW THERE WAS AN EMAIL THAT WAS SENT AND THERE WAS ONE COMMENT THAT I THOUGHT, UM, IT WAS A GOOD DISCUSSION POINT, AND THE QUESTION IS FROM A PLANNING BOARD MEMBER, UH, WAS, SO THERE'S A 50% EXPIRATION OR 50 YEAR EXPIRATION ON, I WAS ASKING THAT NEXT. AND, UM, THE QUESTION WAS, WHAT HAPPENS AT THE END OF THAT 50 YEARS? DOES THE, UH, UNIT EVAPORATE OFF OF THE, THE, THE ROSTER OF AFFORDABLE HOUSING IN THAT COMMUNITY? AND, UM, TO MY UNDERSTANDING, IT WOULD, UM, THE COUNTY MODEL ORDINANCE SAYS AT LEAST 50 YEARS. SO IN LIGHT OF THAT QUESTION, WHAT IT RAISED ME TO THINK ABOUT IS, UM, SHOULD THERE BE, UH, A, A CONSIDERATION TO PERHAPS GOING TO 55 YEARS OR 60 YEARS OR SOMETHING LIKE THAT, OR MAYBE DOING A LITTLE RESEARCH TO SEE IF OTHER COMMUNITIES, UH, ARE DOING EVEN SOMETHING IN EXCESS OF THAT. UM, BUT WE'LL DO A LITTLE MORE RESEARCH, BUT I, I THOUGHT THAT WASN'T AN ASTUTE PICKUP THAT YEAH. WHAT HAPPENS AFTER THAT 50 YEARS, BECAUSE I'M SURE THERE WILL BE AFFORDABLE HOUSING NEEDS THAT FAR IN THE FUTURE. AND THEN IN ADDITION TO THAT, UM, WITH THE 50 YEARS, IF THERE IS ANOTHER HOMEOWNER, DOES, DOES IT RESET OR DOES IT GO, DOES IT KEEP ADDING UP UNTIL IT'S 50 YEARS? YEAH. IS IT 50 YEAR FROM DAY ONE OR DOES IT RESET? DOES IT RESET SALE? RIGHT. I BELIEVE IT'S FROM DAY ONE, BUT THAT'S SOMETHING YOU CAN VERIFY. I BELIEVE IT'S FROM DAY ONE. OKAY. UM, I'M TRYING TO SEE IF I HAVE ANY MORE. THAT IS WHAT I HAVE FOR NOW. I GUESS MY, THE, UM, THE FOLLOW UP QUESTION WAS IF IT DOES NOT RESET AFTER THE 50 YEARS, YOU KNOW, WHAT ARE IN OUR INTENTIONS TO CONTINUE TO MAKE GREENBURG AFFORDABLE BECAUSE WE, YOU KNOW, WE'RE INTRODUCING ALL OF THIS AFFORDABLE HOUSING, BUT THEN AFTER 50 YEARS IT'S, YOU KNOW, WE KIND OF RESET TO, SO IF WE'VE DONE A THOUSAND HOUSES, YOU KNOW, OVER THE 50 YEARS, AND IT IS AN EXAGGERATION, OBVIOUSLY, BUT IF YOU DONE A THOUSAND HOUSES AND THEN 50 YEARS NOW WE HAVE NONE, YOU KNOW, HOW DO WE CONTINUE TO MAKE SURE THAT THAT'S STILL HAPPENING, THAT FAMILIES CAN CONTINUE TO LIVE HERE? YOU KNOW, IF WE'RE TALKING ABOUT, FOR EXAMPLE, YOU KNOW, UM, DEVELOPERS, YOU KNOW, HAVING THE A DU OPTION WITHOUT THE POTENTIAL TENANTS WITHIN THE AUS UH, NOT NEEDING TO MEET THESE WORKFORCE OR BELOW MARKET RATES, AND THEN ON TOP OF THAT, WE HAVE THE SINGLE FAMILY HOMES AFTER 50 YEARS, THEY'RE OUT OF THE SYSTEM. HOW DO WE CONTINUE TO MAKE SURE THAT THAT CONTINUES TO HAPPEN BECAUSE WE'RE NOT GETTING ANY MORE SPACE, BUT WE DO NEED MORE HOUSING? [02:00:04] CERTAINLY DON'T HAVE AN ANSWER. MUCH A GREAT CONSIDERATION. I MEAN, I'M JUST, IT'S, IT'S A VALID QUESTION. YOU KNOW, WE WANT MULTIFAMILIES, BUT THAT'S NOT ALL POSSIBLE EVERYWHERE. YOU KNOW, HOW DO WE MAKE SURE THAT WE CONTINUE TO HAVE AFFORDABLE HOUSING? RIGHT. I THINK THERE WAS ONE A LITTLE BIT, YOU KNOW, NOT A COMPLETE ANSWER BY ANY MEANS, BUT CLEARLY, UM, THE DEVELOPMENT IS LIKELY TO TAKE PLACE OVER A PERIOD OF TIME, SO THE 50 YEAR PERIODS ARE STARTING OVER THE COURSE. OF COURSE. YOU KNOW, OBVIOUSLY, UM, NOT, NOT ALL AT ONCE, RIGHT? CORRECT. RIGHT. BUT NEVERTHELESS, YOU'RE ABSOLUTELY RIGHT AND IT'S A WORTHY QUESTION AND SOMETHING FOR US TO CONSIDER. AND, AND IS THIS 50 YEAR EXPIRATION ONLY FOR SINGLE FAMILY HOME SUBDIVISIONS, OR DOES THIS ALSO INCLUDE, UM, MULTI-FAMILY UNITS THAT HAVE AN AFFORDABLE SET ASIDE? UH, ALL TYPES? ALL OF THEM. ALL TYPES. OKAY. AND SO THAT'S, THAT'S IN THE CODE RIGHT NOW, YOU KNOW, WHAT'S THE OLDEST AFFORDABLE, UH, MULTIFAMILY UNIT WE, WE HAVE IN THE TOWN? SO OF THE SET ASIDE, UH, LET'S SEE, AARON, IF YOU COULD GO BACK TO THAT GRAPHIC THAT HAS THE, THE ROSTER AND THEN YOU CAN GO RIGHT TO THAT YELLOW COLOR. YEP. YOU KNOW, AVALON, LET'S SEE. LIKE, I THINK, I THINK THEY'RE ALL TWO THOUSANDS FOR SURE. UH, SO LET'S SEE. AVALON TWO, 2012. WE'VE GOT A 2014, A 2015, AND THEN 2012 THE TWO HOME OWNERSHIP. SO, UH, IT'S BRINGING US, UH, YEAH. OKAY. NOW, COMMISSIONER, COMMISSIONER, I, I HAVE THOUGHT CORRECT YEARS, CORRECT ME IF I'M WRONG, BUT, UM, I HAVE THOUGHT WITH AVALON, AGAIN, I COULD BE WRONG THAT, UM, THERE WAS WITHIN THOSE DECISIONS, A 99 YEAR TIMEFRAME FOR THOSE AFFORDABLE UNITS. UM, I DON'T KNOW IF THAT WAS SOMETHING THAT WAS, YOU KNOW, NEGOTIATED OR WORKED ON BETWEEN THE DEVELOPER AND THE TOWN OR TOWN BOARD OR SOMETHING DIFFERENT. BUT, UH, AND I'M HAPPY TO LOOK AT THAT. I DIDN'T KNOW IF YOU WERE RECALL OFF THE TOP OF YOUR HEAD. I HAVE SEEN 99 YEAR, I CAN'T RECALL, LIKE, LIKE YOU INDICATED THAT SPECIFIC DEVELOPMENT, BUT, UM, LET, LET'S LOOK INTO IT. AND, YOU KNOW, I THINK THE GENERAL PHILOSOPHY IS LET'S, LET'S BE AS, UM, INCLUSIONARY AS POSSIBLE. SO IF IT'S, UH, RATIONAL AND REASON REASONABLE TO, UM, GO IN A DIRECTION THAT'S, UH, MORE YEARS, YOU KNOW, CERTAINLY I THINK THAT'S SOMETHING WE WOULD ALL LOOK TO STRIVE FOR, ESPECIALLY, ESPECIALLY IF WE HAVE A PRECEDENT THAT WE'VE SET IN PREVIOUS, PREVIOUS APPROVALS. I THINK I WOULD WANNA CHECK TO SEE IF THE 99 YEARS, IF ARE ANY OF THESE LEASED PROPERTIES FROM A STATE OR OTHER GOVERNMENTAL ENTITY, BECAUSE QUITE OFTEN THEY'LL DO A 99 YEAR LEASE, SOMETHING TO, UH, JUST THOSE IN COMMON CONTINUE THE LINES OF COMMUNICATION. COOL. OKAY. VERY GOOD. ALL RIGHT. UH, ARE WE SET TO MOVE ON TO THE NEXT TOPIC, WHICH I, I BELIEVE SO, YES. AND OKAY. AND AT PRESENT, IT'S IN THE PD NON RESIDENTIAL PLAN DEVELOPMENT DISTRICT, WHICH IS FOURTH PART OF THE TOWN. , I, I THINK YOU'RE BREAKING UP AGAIN. COMMISSIONER DUQUE. OKAY. CAN YOU HEAR ME? YES, THAT'S BETTER. OKAY. APOLOGIZE. THE PD DISTRICT, THAT'S WHERE CANNABIS IS PRESENTLY ALLOWED NORTHERN PART OF THE TOWN, WHICH IS A MIX OF RESEARCH AND DEVELOPMENT, WAREHOUSING, OFFICE BUILDING, AND FLEX SPACE. SINCE THE APPROVAL OF THE TOWN'S CANNABIS ORDINANCE, THERE HAVE BEEN PROPOSALS FOR SPECIAL PERMIT FROM THE PLANNING FOR CANNABIS RETAIL, WHICH HAS BEEN WELL OVER HERE SINCE THE ADOPTION OF THAT LAW. THOROUGHLY, THE MARKET FOR CANNABIS RETAILERS HAS SHOWN IN, IN COMMUNITIES THAT ALLOW THEM JUST THE VILLAGE OF R TOWN, CITY OF WHITE PLAINS. THESE USES HAVE OCCUPIED COMMERCIAL SPITS ON THEIR MAIN STREETS AND ALONG THEIR CORRIDORS ACCORDINGLY THE PROPOSED AMENDMENTS IN THIS REGARD. YEAH. WE'RE WE'RE, WE'RE STILL HAVING A HARD TIME HEARING YOU. SORRY, COMMISSIONER DUQUE. OH, UM, TEMPTED TO CALL IN. UH, CAN YOU HEAR ME NOW? YES. YEAH, FOR NOW, YEAH. OKAY. I'M GONNA REESTABLISH INTERNET CONNECTION. SORRY, I TURN THE NEXT NAME OFF. CAN I FIND THE DEFINITIONS [02:05:01] OF THE, THE ZONING DISTRICT? LIKE WHAT, OKAY. READ TOGETHER NOW. YES, YES. THIS IS R 10. OKAY. I APOLOGIZE FOR THAT. UM, PLEASE LET ME KNOW IF THIS OCCURS AGAIN. IS IT ACCORDINGLY, THE PROPOSED AMENDMENTS IN THIS REGARD IN CHAPTER 2 85 WOULD EXPAND THE ZONING DISTRICTS WHERE CANNABIS WOULD BE SUBJECT TO A SPECIAL PERMIT, AND THAT WOULD BE TO THE DS DESIGN SHOPPING DISTRICT, CA, CENTRAL AVENUE MIXED USE DISTRICT, CB CLOSED BUSINESS DISTRICT, AND TR TERRYTOWN ROAD MIXED USE DISTRICTS. THESE USES WOULD BE SUBJECT TO THE COMPREHENSIVE SET OF CRITERIA THAT THE TOWN ALREADY REQUIRES TO OBTAIN A SPECIAL PERMIT IN THE PD DISTRICT. THE MAP ON THE SCREEN HIGHLIGHTS IN GREEN THE AREAS THAT THESE ZONING DISTRICTS ENCOMPASS WITH A FOCUS ON CENTRAL AVENUE PORTIONS OF ROUTE ONE 19, SAWMILL RIVER ROAD, AND A FEW OTHER COMMERCIAL SHOPPING AREAS. AARON, IF YOU COULD PLEASE ZOOM IN TO THE BOTTOM OF THE MAP AT THE BASE OF CENTRAL AVENUE HERE, I ATTEMPTED TO HIGHLIGHT TWO SETBACK REQUIREMENTS THAT ARE APPLICABLE, A 500 FOOT MINIMUM DISTANCE SEPARATION BETWEEN CANNABIS RETAILERS AND A 500 MINIMUM SQUARE FOOT OR MINIMUM LINEAR DISTANCE SEPARATION BETWEEN CANNABIS RETAILERS AND SCHOOL PROPERTIES RULES. THIS WOULD BE A LIMITED ONLY 500 FEET? YES. YES. THAT'S, THAT'S THE REQUIREMENT. AND THAT'S, UM, NEW YORK STATE, THIS WOULD BE A LIMITING FACTOR FOR A, LIKE FACILITY IN YONKERS OR WHITE PLAINS AS AN EXAMPLE, WHERE THESE USES ARE CLOSE TO THE BORDER WITH THE TOWN. SO WHAT I'VE DONE IS I'VE SHOWN AN OFFSET THAT'S ROUGHLY 500 LINEAR FEET, AND YOU CAN SEE BY SCALE, UM, WITH A TWO MILE CENTRAL AVENUE CORRIDOR AND UN INCORPORATED GREENBURG, A SMALL PORTION OF THAT WOULD BE, UM, EXCLUDED FROM LIKE, USE. SO THE POINT IS THAT, UH, WITH THIS PAST, YOU WILL NOT SEE A SHOPPING PLAZA IN THE TOWN OF GREENBURG WITH THREE CANNABIS USES WITHIN IT. AND THAT'S, THAT'S THE POINT, UM, THAT THESE SETBACKS SEEK TO DRIVE HOME. UM, THERE ARE SCHOOLS IN THE TOWN WHERE THEIR LOCATION WILL ALSO HAVE A LIMITING EFFECT ON THE LOCATION OF A CANNABIS RETAILER. AND IF YOU SCROLL UP A LITTLE BIT AND STEW IN WHERE YOU SEE THAT OTHER, UH, DIMENSION, WHAT I'VE DONE THERE IS ROUGHED A 500 FOOT DIMENSION FROM, UH, EDGEMONT SCHOOL DISTRICT BOUNDARY. AND WHAT THAT DOES IS IT, IT SHOWS THAT AT A MINIMUM IT WOULD, UH, PRECLUDE CANNABIS RETAIL ON THE NORTHBOUND OR EAST SIDE OF CENTRAL. AND THE 500 FOOT GOES JUST ABOUT TO THE OTHER SIDE OF CENTRAL, BUT IT DOESN'T WORK ITS WAY ONTO THE, UH, WEST SIDE WHERE, UM, RETAIL SHOPS ARE A LITTLE BIT BEYOND THE 500 FEET THAT THAT LOOKS TO BE EDGEMONT HIGH SCHOOL DOES, DOES SEALY PLACE A LITTLE BIT TO THE, TO THE SOUTH? DOES THAT ALSO HAVE A, THE SIMILAR LIMITING EFFECT? THAT'S NOT VERY MUCH, THAT'S NOT VERY BIG FOR A LIMITING, I MEAN, LIMITING IT AWAY FROM SCHOOLS. I MEAN, I MEAN, THAT'S THE STATE LAW, SO THAT WE HAVE, WE HAVE TO TAKE IT UP WITH RIGHT. THAT'S, IT'S NOT VERY BIG. SO UNFORTUNATELY I DIDN'T HAVE THE TIME TO IDENTIFY THE LOCATIONS, BUT WE WILL CERTAINLY DO THAT FOR YOU. OKAY. AND WE CAN RUN A 500 FOOT RING AROUND THOSE LOCATIONS. UM, BUT YOU HAD INDICATED SEALY PLACE SCHOOL, SO, UH, AARON, IF YOU SEE WHERE THE R 15 IS, IF YOU YEAH. UM, YEAH. OKAY. BEAUTIFUL. SO IF YOU STAY AT THAT AREA, OR IF YOU ZOOM OUT FURTHER JUST SO YOU CAN AGAIN, SEE WHAT THE 500 FOOT BAND LOOKS LIKE, YOU CAN GET A SORT OF FRAME OF REFERENCE. UM, SO NOW THAT PROPERTY LINE IS CLOSER TO CENTRAL, MY, MY GUESS IS THAT THE 500 FEET WOULD PRECLUDE BOTH SIDES OF CENTRAL IF, UM, BASED ON A VIEW OF THE NORTH AND WHAT THAT 500 BETWEEN THE TWO BLACK LINES LOOKS LIKE. YEAH. UM, SO THAT, THAT WOULD HAVE A LIMITING EFFECT TO A DEGREE. AND TO, TO MS. ANDERSON'S POINT, YOU KNOW, THE 500 FEET IS, IS THE STATE REQUIREMENT. UM, WOULD THE TOWN HAVE THE ABILITY TO MAKE THAT RIGHT. MORE RESTRICTIVE IF, IF IT SHOWS? AND DO YOU, DO YOU KNOW IF THAT WOULD BE PERMISSIBLE? WE WILL CERTAINLY ASK. I THINK IT CAN BE MORE RESTRICTIVE, BUT I WOULD WANNA CHECK THE STATE STATUTE. OKAY. JUST TO SEE IF THERE'S, UM, CAN'T, AND, AND I KNOW WE SPOKE BRIEFLY ABOUT THIS ON MONDAY ALREADY, BUT, UM, YOU KNOW, THE TOWN ABOUT FOUR YEARS AGO NOW, UH, THREE YEARS AGO, ADOPTED, UM, A A PRETTY [02:10:01] AGGRESSIVE, UH, SMOKING SALES AND DISPLAY LAW. UM, THAT THAT INCLUDES, YOU KNOW, LIMITING THE, THE DISPLAY, UH, OF, OF PARAPHERNALIA AND WINDOWS AND OTHER OTHER RESTRICTIONS. UM, I GUESS HOW WOULD WE SEE THAT LAW INTERPLAYING, WHILE THAT WAS, WHILE THAT WAS MORE FOCUSED ON, ON TOBACCO SMOKING, UM, ULTIMATELY SOME OF THE PARAPHERNALIA COULD HAVE DUAL PURPOSES, OR DUAL OR DUAL USES. UM, I DO ALSO THINK IT'S IMPORTANT JUST TO STATE FOR THIS RECORD OR FOR THIS CONVERSATION, THAT ULTIMATELY THE, THAT'S, THAT THAT SMOKING LAW THAT WAS PASSED WAS, UH, REALLY DESIGNED TO, TO TARGET, UM, ILLEGAL UNLICENSED, UH, SMOKE SHOPS THAT, THAT WERE PERFORATING ON, ON CENTRAL AVENUE AT THAT TIME. AND, YOU KNOW, THIS LAW IS, WOULD, WOULD PERMIT, UM, LICENSED CANNABIS AS, AS LICENSED BY NEW YORK STATE. AND THE, THE NEW YORK STATE, UM, REGULATIONS AND LICENSING PROCESS IS, IS PRETTY, PRETTY ROBUST. RIGHT. AND SO ULTIMATELY I THINK THE FEAR OF, UM, YOU KNOW, MINERS WANDER WANDERING INTO A, A LICENSED CANNABIS SHOP AND TRYING TO TO PURCHASE ANYTHING, UM, IS, IS PRETTY LIMITED. I MEAN, THEY'RE, THEY'RE NOT EVEN GONNA BE ABLE TO GET THROUGH THE DOOR. RIGHT. UM, BUT WITH, WITH ALL OF THAT SAID, HOW, HOW WOULD WE, HOW DO WE FORESEE THE, THAT THAT SMOKE, THAT SMOKING LAW THAT'S ON THE BOOKS INTERPLAYING WITH, WITH THIS PROPOSED AMENDMENT? I THINK PARTICULARLY IN REGARDS TO SIGNAGE. YEAH. PARTICULARLY IN REGARDS TO SIGNAGE, WHICH I THINK, I THINK THE, THE TOWN LAW HAS A 750 FOOT BUFFER FOR, FOR SALES AND OR I MIGHT HAVE THIS REVERSED. IT MIGHT BE 150 FOOT BUFFER FOR, FOR SALES AND A 750 FOOT FOR 700, 750 FEET FOR, FOR JUST TO, TO BE A LOCATION. SO IF YOU'RE BE WITHIN 750 FEET OF A SCHOOL BOUNDARY, AND THEN WITHIN 1500 FEET OF SCHOOL BOUNDARY CANNOT HAVE CONSPICUOUS, UM, A SET COMPONENT TO YEAH. TO TOBACCO SHOP. YEAH. AND, AND SO I THINK HUNDRED SQUARE FEET, IT HAS TO BE, UH, DISCREET, UM, ADVERTISING. MY, MY REACTION TO THE QUESTION, WHICH IS A GOOD ONE, IS, UM, WE, IS CAN THE, UM, THAT 1500 FOOT RULE, DOES THAT 1500 FOOT RULE WITH REGARDS TO HAVING, UH, DISCREET ADVERTISING APPLY, OR SHOULD, SHOULD, SHOULD THAT PROVISION, UM, BE ENVELOPED IN ITS OWN INTO THE CANNABIS IF IT DOESN'T APPLY? YEAH. UM, 'CAUSE THERE'S A INTENT WITH THAT TO, YOU KNOW, NOT HAVE ADVERTISING EFFECTS ON YOU AND RIGHT. I THINK WE'LL HAVE TO, TO, BUT WE UNDERSTAND WHAT IS THERE AND WE'LL HAVE TO LOOK INTO, UM, ITS OWNS, UM, APPLICABLE TO PROVISION. YEAH. AND I DON'T RECALL IF THAT LAW ALSO HAD A BUFFER, UH, BETWEEN LOCATIONS AND IF THAT BUFFER WAS GREATER THAN 500 FEET. RIGHT. SO BETWEEN EACH OTHER. RIGHT. SO I, I THINK TWO THINGS TO NOTE. THERE IS A RESTRICTION IN THE CANNABIS LAW IN NEW YORK STATE THAT YOU CANNOT RESTRICT IT GREATER THAN THE STATE. OKAY. AND THAT, I THINK SOMETHING TO LOOK AT, WHICH DOESN'T APPLY FOR GREENBERG, BUT FOR SMALLER MUNICIPALITIES, THERE IS A LESSER SEPARATION, THERE'S A LESSER SEPARATION DISTANCE. GARRETT, CORRECT ME IF I'M WRONG, WE TALKED ABOUT THIS EARLIER. UM, I THINK IT WAS UNDER 20,000 POPULATION WAS A, UH, LESSER DISTANCE, LESSER DISTANCE FROM 500 RESTRICTIVE WOULD BE FROM EACH OTHER, FROM EACH OTHER, AND FROM, UM, YEAH. HOLD ON ONE SECOND. WE'RE OBVIOUSLY GREATER THAN THAT. YEAH. SO I, SO I THINK THESE ARE ALL THINGS TO, TO CONSIDER. UM, I I, I DO ALSO THINK IT'S WORTH NOTING, UM, YOU KNOW, YO BOTH, BOTH IN YONKERS, BOTH ON THE SOUTHERN YONKERS BORDER AND THE NORTHERN WHITE PLAINS BORDER, UM, YOU KNOW, THESE LICENSED CANNABIS SHOPS HAVE OPENED UP BASICALLY RIGHT ON THE BORDER. RIGHT. UM, AND SO, YOU KNOW, THESE, YOU KNOW, TO, TO THE EXTENT YOU KNOW, THEY ARE, THEY ARE BORDERING OUR COMMUNITY. THESE LICENSED CANNABIS SHOPS ALREADY EXIST WITHIN OUR COMMUNITIES. UM, I THINK MANY OF OUR RESIDENTS TRAVERSE CENTRAL AVENUE, NORTH AND SOUTH, AND, [02:15:01] UM, YOU KNOW, MANY PROBABLY DON'T EVEN REALIZE WHEN THEY'RE ENTERING AND LEAVING YONKERS AND ENTERING AND LEAVING GREENBURG AND ENTERING AND LEAVING WHITE PLAINS. AND SO, UM, THIS, THIS, THIS ALREADY IS HERE, WHETHER, WHETHER SOME LIKE IT OR NOT. OKAY. SO AS OF FEBRUARY OF 2026, UH, LEGISLATION WAS PASSED BY THE STATE THAT RETAIL DISPENSARIES MUST BE 500 FEET FROM THE ENTRANCE OF A SCHOOL LOCATED ON THE SAME STREET OR 200 FEET FROM THE ENTRANCE OF A BUILDING LOCATED ON THE STREET, EXCLUSIVELY USED AS A HOUSE OF WORSHIP. YOU CAN CIRCULATE THAT. MM-HMM . SORRY, SAY THAT PART AGAIN. HOUSE OF WORSHIP 200. SO CAN WE GET SORT OF LIKE A, A BUFFER ANALYSIS OF, OF WHERE THEY ARE FROM THE, THE SCHOOLS AND THE HOUSES OF WORSHIP? UM, IT WOULD ALSO BE GOOD TO KNOW WHAT SORT OF COMMUNITY FACILITIES ARE THERE ALONG IN THOSE AREAS. UM, I MEAN, AND WOULD, WOULD LIKE DAYCARES COUNT AS SCHOOLS OR WE ASKED ABOUT THAT? WE DIDN'T THINK SO, BUT WE WERE SEEKING FURTHER CLARIFICATION, , BECAUSE I ASKED THAT QUESTION. RIGHT. AND THEN ARE THERE ANY, CAN WE PROPOSE ANY BUFFERS BETWEEN THE DISPENSARY AREAS AND DIFFERENT RESIDENTIAL AREAS? LIKE THERE SHOULD THERE BE A BUFFER BETWEEN WHERE A CANNABIS CANNABIS DISPENSARY IS LOCATED VERSUS, YOU KNOW, HIGHER DENSITY OR, OR, OR JUST LIKE A, A RESIDENTIAL AREAS? I DON'T KNOW IF WE'RE ABLE TO DO THAT. YEAH. I MEAN, ULTIMATELY ALL OF CENTRAL AVENUE IS BUFFERING OR IS, IS, IS BORDERING RESIDENTIAL AREAS, RIGHT? I MEAN, IF YOU LOOK AT THAT MAP THOUGH, THERE'S SOME THAT ARE MORE COMMERCIAL THAN OTHERS, RIGHT. UM, OR WHERE DID THE MAP GO? YEAH, I MEAN, I, I THINK WHAT WOULD BE HELPFUL HAVE IT UP ON COMMISSIONER DUQUE IS, YOU KNOW, I I, AND I, I APPRECIATE THAT. UM, YOU KNOW, THERE, THERE WASN'T TIME TO, TO PREPARE THIS FOR THIS MEETING, BUT, UM, YOU KNOW, I, I KNOW DURING OUR CONVERSATIONS WITH THE SMOKE SHOP LAW THREE YEARS AGO, WE WERE ABLE TO CREATE SORT OF RADIUSES AND WE WERE ABLE TO, YOU KNOW, TO, TO, UH, SHADE PARCELS THAT, THAT IT WOULD, IT WOULD BE PERMITTED AND PARCELS THAT WOULDN'T BE PERMITTED. AND SO, YOU KNOW, ONCE WE HAVE A FULL UNDERSTANDING OF THE STATE LAW IN TERMS OF SCHOOL BUFFERS AND HOUSES OF WORSHIP, BUFFERS REALLY GET A SENSE OF WHAT, WHAT THE TRUE GREEN ZONE IS AS DISPLAYED ON, ON THIS MAP VERSUS JUST THE ENTIRE CA DISTRICT, UM, AS IS BEING DISPLAYED HERE NOW. YEAH. THAT LOOKS HUGE. RIGHT? IT LOOKS LIKE HOW MANY CANNABIS DISPENSARIES DO WE WANT LOCATED? LIKE, LIKE SOME THEY'RE HERE, LIKE TO YOUR POINT, THEY'RE HERE AND THAT'S IT. BUT LIKE, ARE WE GONNA HAVE CANNABIS DISPENSARIES LINED UP YEAH. ALONG CENTRAL AVENUE, BECAUSE THAT'S WHERE THEY'RE SUPPOSED TO GO. YEAH. AND THAT'S SORT OF WHAT THE MAP MAKES IT LOOK LIKE, RIGHT? YEAH. AND I THINK FROM WHAT WE'VE EXPERIENCED IN WHITE PLAINS AND YONKERS, I THINK THE ONE THAT'S ON THE BORDER IN YONKERS, I DON'T KNOW IF THAT'S THE ONLY ONE ON CENTRAL AVENUE IN YONKERS. AND, AND I'M PRETTY CONFIDENT THE ONE IN WHITE PLAINS THAT'S ON THE BORDER IS THE ONLY ONE ON CENTRAL AVENUE IN WHITE PLAINS. SO IT'S NOT LIKE THOSE MUNICIPALITIES ARE BEING OVERRUN BY, BY LICENSED CANNABIS. AND, AND I KNOW THE STATE IN OF ITSELF, UH, HAS A, HAS A LIMIT OF THE NUMBER OF LICENSES THAT THEY GIVE OUT. RIGHT? SO THERE, THERE ARE, THERE ARE CONTROLS. AND I THINK THESE ARE ALL, ALL THINGS THAT, THAT, YOU KNOW, STAFF CAN PREPARE SOME, SOME, UH, ADDITIONAL CONTEXT FOR US TO UNDERSTAND. RIGHT. AND SO THAT REDUCTION I SPOKE OF WAS GREATLY REDUCED FROM THE ORIGINAL OF A THOUSAND FEET AND, UH, 2000 FEET. IT WAS REDUCED FROM A THOUSAND TO 500. CORRECT. BY THE STATE, BY THE STATE IN FEBRUARY OF THIS YEAR. IN FEBRUARY OF THIS YEAR. RIGHT. I MEAN, IT WOULD ALSO BE REALLY GOOD TO KNOW WHAT THE ECONOMIC IMPACT IS ON OF CANNABIS DISPENSARIES ON, UM, ON THE, THE BUSINESSES SURROUNDING IT. IS IT GOING TO, YOU KNOW, DOES IT CHANGE THE NATURE OF THE OTHER BUSINESSES? UM, DOES IT BRING MORE, UM, DOES IT BRING MORE BUSINESS POSITIVE OR NEGATIVE TO THE AREA? YEAH, I MEAN, MY, MY LIMITED EXPERIENCE HAS BEEN, YOU KNOW, THESE, AGAIN, TALKING ABOUT LICENSED STATE LICENSED CANNABIS DISPENSARIES, UM, YOU KNOW, THESE, THESE CANNABIS DISPENSARIES, UM, ARE ARE UNBELIEVABLY HIGH-END. IT'S LIKE WALKING INTO A HIGH-END, UH, YOU KNOW, LUXURY CAR DEALERSHIP. RIGHT. UM, YOU KNOW, THE, THESE ARE NOT, THESE ARE NOT THE SMOKE SHOPS THAT WERE ON CENTRAL AVENUE THREE, FOUR YEARS AGO. THESE ARE, UM, YOU KNOW, [02:20:01] PRETTY, PRETTY NICE FACILITIES FOR THOSE WHO ARE, WHO ARE LOOKING TO, TO PATRON THEM. UM, AND AGAIN, THE, YOU KNOW, THE, THE STATE LICENSE PROCESS TO, TO RECEIVE ONE IS PRETTY INTENSE. UM, YOU KNOW, NO, NO PROPRIETOR THAT'S RECEIVED A LICENSE, UM, WOULD WANNA DO ANYTHING TO PUT THAT LICENSE AT RISK. AND SO I KNOW THAT THEY'RE, THEY'RE VERY STRICT IN TERMS OF YEAH. YOU KNOW, EVEN LETTING PEOPLE IN THE DOOR CHECKING IDS. RIGHT. UM, BECAUSE THERE'S, THERE'S A LOT TO LOSE BY, RIGHT. BY NOT, UM, NOT FOLLOWING THE REQUIREMENTS OF THE LICENSE, BUT, UM, I MEAN, AND I'M NOT ASKING THESE QUESTIONS, UM, BECAUSE I'M LIKE PER SE AGAINST IT OR SOMETHING. SURE, SURE. IT'S MORE THAT LIKE THINKING OF HAVING THAT EXPOSURE AROUND WITH, WITH CHILDREN WHO ARE AT AN AGE WHERE THEY MIGHT THINK OF SMOKING. YOU KNOW, THEY'RE, I JUST, THAT 500 FEET TO A SCHOOL KIND OF BOTHERS ME. AND THEN THE, THE AREAS WHERE THERE'S, WHERE THERE'S LIKE A CROSS STREET THAT MAKES IT MORE ACCESSIBLE TO KIDS, BUT TO YOUR POINT, LIKE IT IS HIGHLY POLICED AND, YOU KNOW, CHECKING LIKE, UM, ID AND STUFF, BUT THAT'S STILL JUST THE CONCERN. I'M NOT SURE, THIS IS LIKE, THERE'S SO MANY RESIDENTIAL AREAS HERE. CAN WE LOOK TO SEE WHERE THERE OTHER LIKE LIGHT INDUSTRIAL AND GENERAL INDUSTRIAL DISTRICTS ARE IN THE, LIKE, IF WE SCAN OUT LIKE WHY CENTRAL AVE AND NOT, THERE'S A LOT OF OTHER, THERE'S A LOT OF OTHER AREAS THAT ARE SIMILAR. WELL, AND THEN, AND WE FOCUS ON CENTRAL AVENUE, BUT, BUT THE, BUT THERE ARE A FEW DISTRICT, THE TR DISTRICT, THE ONE 19 DISTRICT, THE TR DISTRICT IS ALSO PROPOSED. SO THAT'S GOING THROUGH WHITE, THAT'S THROUGH LIKE THE WHITE PLAINS AREA. IS THAT, OR, SO LIKE OVER HERE, OVER HERE IS ON THE RIGHT HAND SIDE WOULD BE LIKE CLOSE TO THE COUNTY CENTER MM-HMM . AND THEN RUNNING ONE 19. RIGHT. OKAY. SO TOWN HALL, YOU KNOW, UH, OVER HERE. AND THEN, UH, THIS IS LIKE MANHATTAN AVENUE AND I'M SORRY, OVER HERE. AND THIS IS LIKE CROSSROADS SHOPPING CENTER AND THEN CONTINUING ALONG TO THE BORDER WITH ELMS STREET. YEAH. AND, AND, AND THESE ARE ULTIMATELY OUR, THAT'S THE, OUR COMMERCIAL SHOPPING, OUR COMMERCIAL SHOPPING DISTRICT AREAS. SO AND WHERE'S THE LIBRARY THERE? THE LIBRARY'S GONNA BE AT THE LIBRARY HALLWAY IN THE CORNER. SO IT'S RIGHT BY THE LIBRARY TOO. SO COULD BE IF, IF THEY CHOSE, IF, IF IF THE BM BMW DEALERSHIP CLOSED AND THEY WANTED TO TURN IT INTO A CANNABIS SHOP CORRECT. OR THE GAS STATION LEFT, OR THE, THE ANIMAL HOSPITAL LEFT. YEAH. A LOT OF THINGS WOULD HAVE TO LEAVE FOR THAT TO COME. YEAH. AND, AND IT'S NOT TO MEAN LIKE EVERY SINGLE ONE OF THESE RIGHT, OF COURSE. YEAH. RIGHT, RIGHT. IT JUST, IT'S LIKE, IT LOOKS LIKE, I DON'T KNOW, THERE'S SOMETHING ABOUT THE MAP AND WHERE IT'S, IT, IT SEEMS LIKE A LOT OF, IT SEEMS LIKE A LOT OF FOR IT JUST KEEPING MIND ALSO ALL THE MAP IDENTIFI ALSO, THERE'S RETAIL AND THERE'S ALSO MEDICINAL. YEAH. SO IT'S NOT GOING TO BE JUST LIKE WALK-IN SHOPS. SOME OF THEM ARE PRESCRIPTION BASED. THERE ARE ALL DIFFERENT TYPES OF THESE TYPES OF, YOU KNOW, SO I MEAN, YEAH. NO, THANK YOU MS. ROBINSON. SO, SO ULTIMATELY THIS IS A FIRST DISCUSSION, RIGHT? UM, I, I THINK COMMISSIONER DUQUE, HOPEFULLY YOU, YOU'VE, YOU'VE RECEIVED SOME DIRECTION AND FEEDBACK AND I THINK AN UPDATED MAP THAT SORT OF HELPS US VISUALIZE, UM, SOME OF THE, SOME OF THESE QUESTIONS WOULD, WOULD BE HELPFUL AS WE ULTIMATELY WORK TOWARDS MAKING A RECOMMENDATION MM-HMM . RIGHT? WHERE THE SCHOOLS ARE, WHERE THE HOUSES OF WORSHIP ARE, WHERE THE, AND WHERE THE COMMUNITY CENTERS AND THINGS ARE. YEAH. SUCH AS THE LIBRARIES AND THE, UM, AND YEAH, BECAUSE THERE'S ALSO ON CENTRAL AVE YOU MIND ZOOMING OUT AGAIN? ISN'T THERE? THERE'S ANOTHER, WHAT'S THE NAME OF THE, THERE'S THE HILLSIDE SCHOOL. YES. THAT'S THAT'S A BIG STRETCH. YEAH. YEAH. SO THAT'S, UM, NORTH OF, THAT'S DOWN THIS WAY. YEAH. SO I, SO I, SO I THINK THAT'S WHERE I THINK HAVING SOME RADIUSES, HAVING SOME, SOME SHADED OUT PARCELS, UM, YEAH. WE'LL ABSOLUTELY WORK TOGETHER ON THAT. UH, I KNOW MATT'S DONE A GREAT JOB IN THE PAST YEAH. OF PUTTING TOGETHER, UM, MAPPING FOR THE BOARD TO ASSIST, UH, GRAPHIC GRAPHICALLY. SO WE'LL CERTAINLY WORK TOGETHER ON THAT. UM, I DIDN'T WANNA LEAVE OUT CHICKENS IN OUR LAST 10 OR 15 MINUTES. OH, YES. SO, UM, UH, WE CERTAINLY UNDERSTAND THE DIRECTION. I, I THINK GARRETT LOST CONNECTION, BUT HE MAY BE BACK VIA PHONE AND YEAH. CAN YOU GET OUTSIDE NOW? UH, I THINK YOU MIGHT HAVE THE VOLUME ON, ON YOUR COMPUTER IF YOU'RE, YOU MIGHT HAVE TO MUTE THAT 'CAUSE YOU GOT AN ECHO. [02:25:07] OKAY. SO JUST TO CLARIFY YOUR POINT, IT DOESN'T INCLUDE NOW I THINK THEY'RE BOTH MUTED LICENSED DAYCARE AND AFTERSCHOOL FACILITIES. YEAH. SO LICENSED DAYCARE AND AFTERSCHOOL FACILITIES. SO THAT MIGHT EVEN LIKE IMPACT THE YEAH. LIKE THAT'S LIKE THE MOM DISTRICT, BECAUSE THAT'S LIKE VERY, WELL, ACTUALLY IT'S A LITTLE BIT FURTHER AWAY FROM SOME OF THE OTHER SCHOOLS. YEAH. SO I, SO I THINK AT THAT BUFFER, THAT BUFFER ANALYSIS WOULD BE VERY HELPFUL. YEP. STAFF WILL PREPARE THAT. THAT'LL, THAT'LL GIVE US, YOU KNOW, BEFORE, ULTIMATELY BEFORE WE MAKE A RECOMMENDATION TOWARDS THE END OF THE SUMMER. RIGHT. SO I THINK HE'S MUTED. GARRETT, YOU'RE STILL MUTED IF YOU CONTINUE TO HAVE TROUBLE. UH, AND IF YOU CAN HEAR ME, I MEAN, I CAN WALK THROUGH THIS SECTION. I YOU DID. OH, THERE YOU ARE. OKAY. I, I WAS GONNA ATTEMPT TO DO THE PHONE. CAN YOU HEAR ME NOW? YES. CAN YOU HEAR ME NOW? YEAH, YEAH. OKAY, GREAT. ALRIGHT. YES, WE'LL PREPARE THAT MAP AND, AND, UM, I WAS FOLLOWING ALONG, APPRECIATE ALL THE COMMENTS THERE. OKAY. SO WE'RE GONNA WRAP UP HERE WITH THE KEEPING OF CHICKEN. WITH THE EXCEPTION OF WORKING FARMS IN THE TOWN, WHICH THERE ARE VERY FEW KEEPING OF CHICKENS IS PROHIBITED. THE CHAPTER 2 85 AMENDMENTS IN THIS REGARD IS TO ALLOW THE KEEPING OF CHICKENS IN ONE FAMILY RESIDENCE DISTRICTS SUBJECT TO A MINIMUM LOSS SIZE, WHICH IS SET AS 20,000 SQUARE FEET OR ROUGHLY A HALF ACRE. THE INCLUSION OF RESTRICTIONS ON THE NUMBER OF CHICKENS, MINIMUM SETBACKS, VARIOUS CLEANLINESS AND SAFETY PROVISIONS, ET CETERA. UM, AND IF YOU COULD JUST MAYBE PERHAPS ZOOM IN ON SOME OF THOSE, UM, FIRST COUPLE PROVISIONS AND THAT'S, THAT'S, THAT'S REALLY ALL I HAD TO OFFER ON THIS ONE, . OKAY. SO AS FAR AS THE CLEANLINESS, UM, ARE THERE GONNA BE, UM, SPOT CHECKS OR WE RELYING ON COMPLAINTS? HOW IS THAT GONNA BE REGULATED? I, I WOULD WAGER TO GUESS THAT IT WOULD BE MORE COMPLAINANTS. UM, BUT CERTAINLY IF AN INSPECTOR, UH, BECAME AWARE OF SOMETHING AND THEIR TRAVELS, UH, IT COULD CERTAINLY BE PROACTIVELY, UH, ADDRESSED BY TOWN STAFF. OKAY. JUST LIKE ANY OTHER PROPERTY MAINTENANCE ISSUE. IF IT'S, IF THEY SEE IT OR IF THEY BECOME AWARE BY COMPLAINTS SECOND, JUST BECAUSE OF THE RODENT PROBLEMS THAT THEY BRING. YEAH, RIGHT. BUT I DO LIKE THAT IT'S 20,000 SQUARE FEET, SO IT LIKE, KIND OF BUFFERS IT A LITTLE BIT, SO IT'S NOT EVERYONE. AND, AND SO I GUESS TO, TO THE EXTENT THAT THERE MAY ALREADY BE CHICKENS, YOU KNOW, WITHIN OUR, WITHIN OUR MIST ACROSS THE COMMUNITY, UM, YOU KNOW, IF, IF, IF THIS WERE TO BE ADOPTED, UM, IS THERE, HAS THERE BEEN ANY THOUGHT INTO, I, I GUESS A SORT, SORT OF AN AMNESTY PROCESS FOR, FOR GETTING THOSE, THE CHICKENS UP TO CODE OR, YOU KNOW, IF, IF VARIANCES WOULD BE REQUIRED? LIKE HAS ANY THOUGHT BEEN PUT INTO THAT? GOOD QUESTION. I, I BELIEVE THAT ONE WOULD BE ABLE TO OBTAIN A, A, A APPLY FOR A PERMIT. SO, UH, NUMBER TWO THERE IT SAYS THAT YOU DO NEED A PERMIT, IT'S ADMINISTRATIVE, BUT IN, IN THE, UH, EXAMPLE THAT YOU JUST GAVE, IF SOMEONE JUST HAPPENED TO NOT KNOW THAT YOU NEEDED A PERMIT, THEY'VE BEEN DOING IT FOR YEARS. UM, YEAH, I BELIEVE THAT THEY WOULD HAVE A PATHWAY TO LEGALIZE THEMSELVES. OKAY. AND THEN IF, IF THEIR COOP WAS, YOU KNOW, NOT WITHIN THE SETBACK REQUIREMENTS AND, AND WASN'T ABLE TO BE MOVED, UH, WITHIN THE SETBACK REQUIREMENTS AS, AS OUTLINED IN THIS, IN THIS PROPOSED LANGUAGE, UM, I GUESS THEIR, THEIR OPTION WOULD BE TO REMOVE IT OR TO SEEK A VARIANCE FOR RELIEF. YOU'RE ABSOLUTELY RIGHT. SEEK AN AREA VARIANCE. INTERESTINGLY ENOUGH, THE ZONING BOARD AT ITS LAST MEETING HEARD A CHICKEN KEEPING APPLICATION. AND AS I NOTED RIGHT NOW, THAT'S NOT PERMITTED USE. THEREFORE IN THAT INSTANCE THE OWNER NEEDED A USE VARIANCE. UM, SO THE, AS YOU MAY KNOW, THE USE VARIANCE CRITERIA IS EXTREMELY DIFFICULT. SO I DON'T BELIEVE THERE WAS ANY SCENARIO WHERE, UM, THAT USE VARIANCE WOULD'VE BEEN GRANTED BECAUSE THERE WAS AN EXISTING HOME THERE. UM, BUT HAVING SAID THAT, DID LOOK AT THE TRAITS OF WHAT WAS PROPOSED THERE AND THE LOT WAS UNDER 10,000 SQUARE FEET, [02:30:01] THERE WAS OPPOSITION, UH, FROM NEIGHBORS. UH OH. AND ULTIMATELY IT WAS DENIED. OKAY. OKAY. THE RESOLUTION OF THE ZONING BOARD WAS TO DENY THE USE VARIANCE, WHICH HAS A MUCH GREATER STANDARD, UH, THAN YOUR AREA, VARIANCE AREA. MM-HMM . MM-HMM . YES. SO THAT JUST TOOK PLACE AT A RECENT ZBA MEETING. COULD HAVE BEEN LAST MONTH. IT WAS LAST MONTH I BELIEVE. MM-HMM . YEAH. 'CAUSE HAD THIS LAW BEEN IN PLACE, THEY WOULD'VE NEEDED AN ERROR EXPERIENCE AS OPPOSED TO A HUGE EXPERIENCE. ECHO. UM, BACK TO THE VARIANCE QUESTION. SO YOU'LL NOTICE THAT IT REQUIRES THEM TO BE IN THE REAR YARD. SO IF, UH, SOME PROPERTIES ARE INTERESTING AND HAVE, YOU KNOW, AN INTERESTING LAYOUT THAT MAYBE THE SIDE YARD IS MORE AKIN TO WHAT WE WOULD THINK OF AS THE REAR YARD, THAT MIGHT BE A VARIANCE THAT SOMEBODY WOULD GO FOR. RIGHT. SIMILAR TO POOLS. YEP. OKAY. LIKE HOW A POOL IS REQUIRED IN THE REAR YARD, BUT CORRECT. WITH DIFFERENT ODD ORIENTATIONS OF LOTS, YOU KNOW, THEY CAN MAKE THEIR CASE TO THE ZONING BOARD TO OBTAIN THAT VARIANCE. GREAT. ARE THERE ANY OTHER QUESTIONS OR COMMENTS ON, UH, THE CHICKEN LANGUAGE KEEPING OF CHICKENS? KEEPING OF CHICKENS? ANYTHING ELSE? NO. NO. ALRIGHT. THANK YOU. UH, OH, SORRY. YOU'RE GOOD. MS. ANDERSON, YOUR POINT ABOUT RODENTS. SHOULD THERE BE SOME SORT OF COMPLAINT PROCEDURE IN THE CODE FOR THIS OR IS THERE ONE ALREADY SOMEWHERE ELSE? IT WOULD BE LIKE ANY OTHER CHAIR GENERAL COMPLAINT THAT WOULD GO TO THE BUILDING DEPARTMENT AND THEY WOULD INVESTIGATE AND OKAY. MM-HMM . WHICH THEY HAD TO DO RECENTLY FOR THE ONE THAT WENT TO THE ZBA. YEAH. UM, I THINK THERE IS ACTUALLY A, A PIECE IN HERE ABOUT KEEPING IT THAT TALKS ABOUT KEEPING IT YEAH, IT DOES RODENT CLEAN AND CLEAN. OKAY. CLEAN AND CLEAN. SO IF THERE'S A COMPLAINT OR AN OBSERVATION, THEY WOULD, STAFF WOULD BE ABLE TO, ENFORCEMENT STAFF WOULD BE ABLE TO ACT ON THAT PROVISION. YEAH. OKAY. YEAH, MOST DEFINITELY. GENERALLY THAT RODENT ISSUE IS ASSOCIATED WITH THE FEED SO THAT THEY REALISTICALLY NEED TO KEEP THE FEED IN A CON CONTAINED, UM, A SEALED WATERTIGHT AIRTIGHT CONTAINER. YEAH. YEAH. IT, IT DOESN'T SPEAK TO THE CLEANLINESS AT THIS TIME. YEAH. JUST TO THE FEED. WELL AND SO THIS IS PROBABLY BECAUSE THERE'S A WHOLE BUNCH OF PEOPLE WITH CHICKEN COOPS WITHOUT IT BEING PERMITTED. SO THIS IS PROBABLY, I'M INTERESTING TO SEE HOW IT PLAYS OUT THOUGH, BECAUSE THERE ARE A LOT OF PEOPLE, WELL I DON'T KNOW HOW MANY PEOPLE, BUT THERE ARE A FEW PEOPLE WITH CHICKENS THAT DON'T MEET THE AREA REQUIREMENT. YEAH. RIGHT. YEAH, THAT MAKES SENSE. MM-HMM . SO, ALRIGHT. I MEAN, DID THE BOARD FEEL, JUST AS A GENERAL QUESTION, SO THE WAY THIS IS LAID OUT IS THAT, YOU KNOW, ON LOTS IN EXCESS OF ESSENTIALLY A HALF ACRE, 20,000 SQUARE FEET RAISING OF 10 OR FEWER, UM, IS, YOU KNOW, THE BOARD THINKING LIKE, OH, OKAY, WELL WHAT IF IT WAS, YOU KNOW, A 10,000, TWO 20,000 SQUARE FOOT LOT AND IT WAS UP TO THREE OR FOUR CHI, HALF CHICKENS, HALF THE CHICKENS, YOU KNOW, SOMETHING LIKE THAT. RIGHT. JUST THINKING ALONG, ALONG THOSE LINES ABOUT WHETHER OR NOT, BECAUSE THAT MIGHT WANT TO BE A CONSIDERATION AS PART OF A RECOMMENDATION. I'M JUST THROWING IT OUT THERE. SOMETHING TO THINK ABOUT. WE DON'T HAVE TO RIGHT. DIVE INTO IT RIGHT NOW, BUT IT SOUNDS LIKE THERE MAY BE AN AWARENESS OF LOTS THAT MAY CONTAIN CHICKENS THAT MAY NOT MEET THESE THRESHOLDS AND, YOU KNOW, I DON'T KNOW, ARE THEY A NUISANCE IN ON THE SMALL LOTS AND IT'S CREATING PROBLEMS, BUT, UM, CERTAINLY SOMETHING FOR BOARD MEMBERS TO CONSIDER, UH, AS PART OF ANY FUTURE RECOMMENDATION. UH, DO WE HAVE ANY STATS OR, I MEAN, CAN WE NOT GET THEM BECAUSE THEY WOULD BE YEAH. TECHNICALLY, TECHNICALLY THEY'RE ALL LEGAL, RIGHT? LIKE SO WE CAN'T, WE DON'T KNOW WHAT THE PREVALENCE OF IT IS OR LIKE HOW MANY PEOPLE WOULD WANT IT OR WHAT WE EXPECT. WHAT WE CAN DO IS LOOK AT COMPARATIVE, UH, MUNICIPAL ORDINANCES YEAH. THAT WHERE THEY HAVE THEM AND SEE IF THERE'S ANY STATISTICS FOR SIMILAR. YEAH. 'CAUSE I MEAN I, I MM-HMM . THINK IT WOULD BE BENEFICIAL TO HAVE IT REFLECT WHAT PEOPLE ARE ALREADY DOING. RIGHT. LIKE THAT, I MEAN AS LONG AS WHAT THEY'RE DOING IS RESPONSIBLE, I BELIEVE THIS ONE WAS, UH, WRITTEN KIND OF MORE RESTRICTIVE WITH, TO AARON'S POINT, UH, CONSIDERATION OF DOES THIS WORK IN THE FUTURE IF YEAH. AND THEN TAILOR IT KINDA LIKE, I MEAN IT ALMO QUITE DIFFERENT, BUT FOR INSTANCE, WHEN THE CANNABIS DISPENSARIES WERE INITIALLY ADOPTED, [02:35:01] IT WAS VERY LIMITED TO THE PD DISTRICT AS COMMISSIONER DUQUE WENT THROUGH IN THE NORTH SECTION OF TOWN, YOU KNOW, NORTH OF VILLAGE OF L SORT PROPER. SINCE THE ADOPTION OF THAT, THERE HAVE BEEN ZERO APPLICATIONS. SO THAT'S WHY AT THIS TIME NOW A FEW YEARS DOWN THE ROAD, UM, WITH THE UNDERSTANDING THAT OTHER BUSINESSES AND DISPENSARIES HAVE OPENED JUST NORTH AND SOUTH OF OUR BORDERS, WE'RE NOT AWARE OF ANY MAJOR COMPLAINTS. I'M AWARE OF ONE ON MAIN STREET IN TARRYTOWN. 'CAUSE I WAS SHOPPING AND THEN ALL OF A SUDDEN I SAW AND YEAH, THERE WAS LIKE, YOU KNOW, KIND OF LIKE A BOUNCER OR AN ID CHECKER LIKE RIGHT IN THE DOOR. YEAH. UM, THAT YOU COULD SEE PLAIN AS DAY. RIGHT. UM, YOU KNOW, 'CAUSE IT WAS A GLASS DOOR AND, UM, SINCE THERE HAVEN'T BEEN, YOU KNOW, THEY'RE HIGHLY REGULATED AND YOU HAVEN'T SEEN, NOW THE TOWN BOARD IS CONSIDERING EXPANDING, SO RIGHT. SIMILAR TO THE CHICKENS, MAYBE YOU START OUT A LITTLE MORE RESTRICTIVE, SEE HOW IT PANS OUT. RIGHT. AND THEN AT A FUTURE TIME, POSSIBLY CONSIDER, BUT IT'D BE GOOD FOR US TO KNOW AND, AND PERHAPS COMMISSIONERS ALREADY DONE THIS RESEARCH. I'M, I'M NOT CERTAIN, TO BE HONEST, UM, KEEPING OF CHICKENS IS HIS WHEELHOUSE. AND, UM, JUST TO FIND OUT IF WE'VE LOOKED AT OTHER AREAS, OTHER MUNICIPALITIES TO SEE IF THEY HAVE A SLIDING SCALE, FOR INSTANCE, WITH RESPECT TO LOT SIZES AND, AND NUMBER OF CHICKENS. SO THAT WOULD BE, THAT WOULD BE HELPFUL. AND ACTUALLY SOMETHING YOU SAID ABOUT THE CANNABIS DISPENSARIES WOULD ALSO BE HELPFUL KNOWING IF THERE ARE, WHAT THE, HOW IT WOULD BE BENEFICIAL TO HAVE MORE IN BENEFICIAL OR DETRIMENTAL TO HAVE MORE OR OR LESS OF THEM IN, IN GREENBURG. MM-HMM . YEAH. MM-HMM . AND, AND TO THE EXTENT THE BUILDING DEPARTMENT'S ALREADY MAYBE RECEIVED COMPLAINTS OVER THE YEARS, IT'D BE INTERESTING TO KNOW WHAT RIGHT. WHAT, WHAT, WHAT THEY, WHAT THEY'VE RECEIVED AND WHAT SORT OF COMPLAINTS THEY'VE RECEIVED ABOUT THE CHANGE. YEAH. AND MAYBE A, A A MATRIX OR A SUMMARY OF, OF THE LOTS AND, AND RIGHT. THE SIZES. YEAH. THE, THE STATISTICS THAT ARE CORRELATED TO THOSE COMPLAINTS. MM-HMM. OKAY. I MADE THAT NOTE. THAT'S HELPFUL. COOL. ALRIGHT. TAKE THAT. THANK YOU. UH, THANK YOU COMMISSIONER DUQUESNE. THANK YOU ALL. APPRECIATE IT. THANK YOU. UM, ALRIGHT. SEEING NO ADDITIONAL NEW BUSINESS OR OLD BUSINESS, I WILL ENTERTAIN A MOTION TO ADJOURN THE MEETING. SO MOVED. MOVED MS. ROBINSON. SECONDED. SECOND. MS. ANDERSON. ALL IN FAVOR? AYE. AYE. CHAIR VOTES. AYE. GOOD EVENING. GO NEXTS. * 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.