[   			DRAFT 			TOWN OF GREENBURGH 			ZONING BOARD OF APPEALS 			AGENDA 			THURSDAY, October 15, 2026 – 7:00 P.M. 			                  ]
          [00:00:02]
          IT IS NOW TIME FOR US TO GO TO OUR ZONING BOARD MEETING. CAN WE HAVE. A ROLL CALL? WE'RE GOING TO BEGIN OUR ROLL CALL, MADAM CHAIR. YES. EVE. BUNTING. SMITH HERE. CHRISTIE. 
          NECK. HERE. 
          LEWIS. CRITCHLOW HERE. 
          DIANE EBERLY HERE. WILLIAM BLAND IS ABSENT. SHAWNA DUNCANSON IS ABSENT. PETER BLAIR HERE IS HERE. HOWARD JACOBUS IS PRESENT. AND THAT CONCLUDES OUR ROLL CALL, MADAM CHAIR. ALL RIGHT. 
          THANK YOU. JUST. IT LOOKS LIKE YOU. 
          MADAM CHAIR. IN VIEW OF THE FACT THAT THERE WERE SOME ABSENTEES TONIGHT, I THINK YOU SHOULD, UH, FORMALLY AUTHORIZE THE ALTERNATE, UM, MEMBER TO VOTE AND PARTICIPATE. 
          ALL RIGHT. OH, HIS NAME IN FRONT OF ME. 
          WHO'S HERE? WILLIAM. 
          OKAY. SINCE EVERYBODY'S HERE NOW. YES. 
          I SHOULD WE HAVE EVERYBODY? OH, HI. 
          LET THE RECORD REFLECT THAT MISTER BLAND HAS APPEARED. TO CORRECT THE ROLL CALL. I'M SORRY, WHAT DID YOU SAY AT THE END? YES. 
          CORRECT. THE. THE ROLL CALL TO REFLECT. 
          YES. I HAVE HIM AS PRESENT. THANK YOU. 
          THANK YOU. SO NOW THE MEETING OF THE ZONING BOARD OF APPEALS FOR THE TOWN OF GREENSBURG WILL NOW COME TO ORDER. WE HAVE FIVE CASES SCHEDULED FOR TONIGHT'S MEETING. HOWEVER. DO WE HAVE ANY? MADAM SECRETARY, UM, IS THERE ANY ONE OF THE CASES THAT HAS BEEN. NO. 
          NO, NO, THERE'S NOT. THANK YOU. OKAY. YES. LOOKING FORWARD TO THE ZONING BOARD. WE'LL HAVE OUR REGULAR MEETING ON THURSDAY, OCTOBER. NOVEMBER. I'M SORRY. NOVEMBER 19TH. 
          PLEASE MARK YOUR CALENDAR ACCORDINGLY. WE MAY LIMIT TIME TO HEAR EACH CASE. IF WE CANNOT FINISH HEARING A CASE, IT WILL BE ADJOURNED TO ANOTHER MEETING TO BE COMPLETED AT THAT TIME. 
          AS IN THE PAST, IN ORDER TO SAVE TIME, WE WAIVE A READING OF THE MEETING. THE READING OF THE MEETING PROPERTY, LOCATION AND THE RELIEF SOUGHT FOR EACH CASE. HOWEVER, THE REPORTER WILL INSERT THIS INFORMATION IN THE RECORD. THIS INFORMATION ALSO APPEARS IN THE AGENDA FOR TONIGHT'S MEETING. AFTER THE PUBLIC HEARING OF TONIGHT'S CASES, THE BOARD WILL COME TO MEET TO DISCUSS EACH CASE. AT THAT TIME, EVERYONE IS WELCOME TO LISTEN TO OUR DELIBERATIONS. BUT THE PUBLIC WILL NOT BE PERMITTED TO SPEAK OR PARTICIPATE AT THAT TIME. AFTER OUR DELIBERATIONS ON ALL THE CASES, WE WILL ANNOUNCE THE BOARD'S DECISION FOR THE FORMAL RECORD AND FOR THE BROADCAST TO THE COMMUNITY. IF YOU'RE GOING TO SPEAK TONIGHT, YOU MUST COME UP TO THE MICROPHONE AND STATE YOUR NAME AND ADDRESS OR YOUR PROFESSIONAL AFFILIATION. WE HAVE HEARD TESTIMONY ON ONE OF THESE CASES AT A PRIOR MEETING. ALL PRIOR TESTIMONY IS ALREADY IN THE RECORD AND SHOULD NOT BE REPEATED. THE FIRST CASE TONIGHT WE HAVE IS 2616 WHITE PLAINS AKA WHITE PLAINS BULL. 
          [00:05:06]
HI, MY NAME IS TINA MARK FURY. I'M AT 537 FORD RED'S LANDING IN NORTH CHARLESTON, SOUTH CAROLINA. 
          YES. GO AHEAD. UM, WE ACTUALLY MADE THE MODIFICATIONS AS SUGGESTED BY THE BOARD. UM, AND WE ARE HOPING THAT THESE WILL SATISFY ANY OF THE, UM, ISSUES THAT YOU GUYS HAD WITH THE SIGNAGE. ANY QUESTIONS FROM THE FROM THE BOARD WITH RESPECT TO WHAT THEY ARE NOW, HAVE HAVE PROVIDED? YEAH. I MEAN, I'M LOOKING AT THE DRAWINGS AND IT APPEARS THAT YOUR, UM, YOU'VE REVISED YOUR REQUEST TO TWO FEET, 2.5FT. IS THAT CORRECT? SO THE THE ACTUAL. SO THEY ARE THE SIDE OF THE LETTERS ARE DIFFERENT SIZES. AND THAT'S WHAT WE TRY TO DEPICT. AND UH, WRITE THE, THE LETTERS ON THE INSIDE. WE, WE MADE THEM WHAT'S, WHAT'S WHAT'S PER CODE. 
          AND THEN OBVIOUSLY THEY DO GO OUT AND SOME OF THEM ARE A LITTLE LARGER. BUT THE INITIAL LETTERS AS SUGGESTED BY THE BOARD, WE MADE TO CODE. LET ME SUGGEST THAT THE BOARD THAT THE APPLICANT BE REQUIRED TO AT LEAST EXPLAIN FOR THE ON THE RECORD WHAT CHANGES WERE MADE BETWEEN LAST MONTH'S SUBMISSION AND TONIGHT. AND THIS MONTH'S SUBMISSION. 
          OKAY. AND YOU DO THAT FOR US? SURE. CAN YOU GUYS BRING UP THE OTHER PAGE OF THE SIGNAGE TO SHOW THE LETTERS? YES, I'LL. 
          DO THAT. THIS IS THE PREVIOUS, UM, SIGNAGE THAT YOU HAD FOR THE LAST MEETING. UM, AND THEN THIS IS THE NEW SIGNAGE. IS THERE A ONE THAT YOU WANT ME TO SHOW? YEAH. NO. CAN YOU SHOW THE PAGE THAT ACTUALLY SHOWS THE LETTERS? JUST THE LETTERS, NOT THE ELEVATION. YES. THERE WE GO. OKAY. 
          OKAY, SO THESE. OH, I CAN'T MAKE THEM BIGGER. OH, THERE YOU GO. SO IS THIS THE. THIS IS THE LAST MONTH OR. 
          THAT'S THIS MONTH. THAT'S THIS IS THIS MONTH. 
          CAN YOU SHOW THE LAST MONTH? SURE. 
          SORRY. YEP. 
          NO PROBLEM. LET ME TRY AND MAKE IT A LITTLE BIGGER FOR YOU. 
          RIGHT? RIGHT. THERE YOU GO. SO LAST MONTH, THEY HAD THE THREE FOOT ON THE INSIDE. UM. SO YOU COULD SEE THE THE X AND THE OUTER L AND E WERE THREE FEET. WHAT WE DID, IF YOU COULD SWITCH TO NOW, THIS MONTH, WHAT WE DID WAS WE REDUCED ON RECOMMENDATION OF THE BOARD. WE REDUCED THE X AND THE E AND THE L, THE OUTER LETTERS AND THE THAT ONE X UM, DOWN TO 2.5FT. UM. SO IT WAS. YEAH. I MEAN, IT WAS ON RECOMMENDATION OF THE BOARD SO THAT THAT'S HOW WE DID IT. OKAY. BUT, UM, JUST. 
          A QUESTION. YOU HAD SAID THAT THE SMALLEST LETTER MEETS CODE, BUT IT LOOKS LIKE THE SMALLEST LETTER. 
          I. KNOW DOESN'T MEET CODE. 
          I'M SORRY. IT DOESN'T MEET CODE, I APOLOGIZE. IT WAS. WE JUST BROUGHT IT DOWN ON RECOMMENDATION BECAUSE THE BOARD RECOMMENDED THAT WE, UM, REDUCED THOSE LARGER LETTERS DOWN TO, UM, YOU KNOW, MORE OF A, I MEAN, LISTEN, THE LARGER LETTERS, THE WAY THE LOGO IS, IT'S VERY DIFFICULT. UM, SO IF YOU LOOK AT THE S AND THE Y, THOSE ARE ONLY TWO FEET IN CHANGE. SO THOSE ARE CLOSER TO THE CODE. UM, THE X AND THE OUTER LETTERS ARE GOING TO BE LARGER BECAUSE THAT'S JUST HOW THEIR LOGO IS. SO IT'S VERY DIFFICULT TO TO BRING THIS 
          [00:10:01]
WHOLE SIGN DOWN TO CODE. WHAT WE ASKED YOU TO DO WAS TO START FROM BEING WITHIN CODE. YOU GOT CLOSE, BUT YOU DIDN'T MANAGE TO DO IT. I DON'T MEAN I DON'T MEAN TO BE NITPICKY. I DON'T KNOW WHAT IT SOUNDS TO ME FROM WHAT YOU'RE SAYING, THAT THIS MAY EVEN BE A MISTAKE, BECAUSE THE DIFFERENCE BETWEEN STARTING AT TWO TWO FEET VERSUS 2.1, SOMETHING DOESN'T SEEM TO BE SIGNIFICANT. AND YET THAT IS WHERE YOU STARTED, RIGHT? IT'S IT'S REALLY A MATTER OF THE, UM, WHAT'S THE WORD? I'M LOOKING FOR THE, UM, SO I FEEL LIKE I FEEL LIKE THERE'S BEEN A LOT OF CONFUSION WITH THIS WHOLE THIS SIGN BECAUSE IT IS NOT JUST A SYMMETRICAL SIGN THAT ALL THE LETTERS ARE THE SAME SIZE. YOU KNOW WHAT I MEAN? SO YOU GUYS HAD ASKED US TO BRING THE OUTER LETTERS. UM, DOWN TO TWO AND A HALF. SO THE INTERIOR LETTERS WERE CLOSER TO CODE. 
          I THINK MY UNDERSTANDING IS WHAT PETER AND WE THOUGHT THAT WE UNDERSTOOD THAT THE CURRENT SIGN IS IN CODE. RIGHT. BUT THAT THERE'S A POTENTIAL FOR READABILITY BECAUSE THERE IS A VARIANCE IN SIZE. SO IT WAS LIKE, WELL, START A CODE AND WORK YOUR WAY UP, AND THEN YOU GET TO MAYBE 2.5FT. BUT IT WASN'T LIKE WE WERE WE WEREN'T SAYING TO YOU, OH, WE WON'T GO ANY HIGHER THAN 2.5FT, SO WORK YOUR WAY DOWN. IT WAS THE REVERSE. WORK YOUR WAY UP READABILITY. 
          TO MAKE IT SYMMETRICAL, TO MAKE THE Y AND THE S AT EXACTLY TWO FEET. IT JUST. IT DOESN'T WORK LIKE WE WORK THE NUMBERS. WE TRY TO FIGURE IT OUT AND IT JUST DIDN'T WORK. SO THAT'S WHY THE Y AND THE S ARE JUST SLIGHTLY OVER CODE AT TWO FEET 1.5IN. I DON'T WANT TO BE NITPICKY, BUT WHY WOULDN'T IT WORK? JUST I MEAN, YOU COULD SEE THAT THE THE NUMBERS, LIKE YOU COULD SEE THE IF YOU LOOK AT THE, THE DRAWINGS, YOU COULD SEE TWO. WHAT LIKE IT'S JUST THE SYMMETRY OF HOW THE LOGO GOES. IT JUST WE THEY STARTED IT TWO FEET, SIX INCHES AND WENT DOWN. YEAH. WE WERE SAYING START AT TWO AND GO UP. MHM. 
          YOU DID THE OPPOSITE. WE UNDERSTAND THE SCALABILITY. 
          YEAH. BUT THE LARGEST LETTERS HERE ARE 2.6. NOT EVEN 2.5. SO I THINK THAT THERE'S A MISTAKE HERE. AND SHE DIDN'T EVEN REALIZE IT. WELL NO THAT 2.5FT WOULD BE TWO FEET SIX INCHES. OH I. 
          SEE. OKAY. SO THE OUTER LETTERS ARE IN FACT 2.5IN. THAT'S NOT WHAT WE WERE SAYING. 
          DO WE WANT TO BE NITPICKY? I DON'T KNOW. 
          OH, DISCUSS IT LATER. I DON'T I DON'T HAVE ANY MORE QUESTIONS. I DON'T KNOW ANYBODY ELSE. 
          SO SO JUST TO BE CLEAR, BECAUSE IF WE'RE GOING TO COME BACK AGAIN, WE JUST WANT TO MAKE SURE THAT WE GET THIS RIGHT. 
          YOU GUYS ARE LOOKING FOR THE OUTER, THE INNER LETTERS TO BE AT TWO FEET AT CODE. AND THEN WORK OUR WAY OUT FROM THERE. 
          AND EVEN IF THE THE SO IT DOESN'T MATTER. THE OUTER LETTERS ARE 2.5FT. WHATEVER THEY COME IN AT FOR SYMMETRY. 
          BECAUSE THAT'S THAT'S WHAT THIS THIS SIGN IS IT AGAIN, IT'S A VERY DIFFICULT SIGN BECAUSE OF THE SYMMETRY OF IT, THAT IT GOES FROM BIGGER TO SMALLER AND THEN BIGGER AGAIN. SO JUST TO BE CLEAR, BECAUSE WE'RE GOING TO OBVIOUSLY HAVE TO COME BACK AGAIN, I WANT TO MAKE SURE WE GET IT RIGHT THIS TIME. WELL, YOU GUYS ARE LOOKING FOR THE Y AND THE S TO BE AT CODE AT TWO FEET. I THINK WE WORK OUR WAY OUT. 
          I THINK. LET US HAVE OUR DISCUSSION. LET US HAVE OUR DISCUSSION AND SEE IF WE NEED YOU TO COME BACK AGAIN. AND IF WE DO, THEN WE CAN GIVE YOU INSTRUCTIONS. RIGHT. OKAY. LET US HAVE. OUR DISCUSSION. 
          I APPRECIATE THAT. AND THANK YOU. 
          ANYONE IN THE AUDIENCE. COME BACK? ELSE WHO WANTED. TO? OKAY. 
          THANK YOU. THANK YOU. THE NEXT. 
          [00:15:08]
CASE THIS EVENING IS 2617. AND MASON LLC. 
          GOOD EVENING. EMILIO. ESCALADES, ESCALADE ASSOCIATES. 
          UM, LET'S MAKE THIS QUICK, BECAUSE YOU HAVE A LONG NIGHT. 
          WHAT WE DID AFTER OUR LAST MEETING WAS TO MEET. WE MET ACTUALLY HERE AND IN OUR OFFICE. IN MY OFFICE WITH THE CLIENT, UH, WHO LIVES RIGHT IMMEDIATELY TO THE LEFT. AND WE EXPLAINED TO HIM, UM, WHAT DID I SAY? CLIENT. THAT'S THAT'S VERY INTERESTING. I SAW HIM AS A CLIENT. UH, THE NEIGHBOR AND, UH, WE EXPLAINED TO HIM WHAT THE PARTICULARS WERE. WE REPEATED. WE MADE SURE THAT EVERYTHING WAS UNDERSTOOD. HE WAS HAPPY. UH, TO CLEARLY SEE WHAT WE HAD SAID AND WHAT WE ALREADY HAD AGREED AT THE MEETING. AFTER THAT, WE HAD AFTER OUR, UH, MEETING WITH THE BOARD. UH, SO HE WAS HE WAS HAPPY. SO WAS THE OTHER GENTLEMAN THAT LIVES FURTHER WEST, UH, WITH THE WITH THE ISSUE WITH THE WALL. UM, THEY WERE ASSURED THAT WHAT WE WERE PRESENTING WAS NOT GOING TO TURN INTO A MORE THAN A ONE FAMILY HOUSE, WHICH IT TURNED OUT TO BE HIS REAL FEAR. HE THOUGHT THAT WE COULD SELL IT. 
          AND PEOPLE, UH, 2 OR 3, FOUR FAMILIES COULD MOVE IN THERE. 
          SO WE GUARANTEED HIM THAT. THAT'S JUST NOT POSSIBLE FOR THEM BECAUSE OF THE ZONING AND SO ON. UM, AND THAT WAS IT. SO THAT WAS THE FIRST ISSUE. THE SECOND ISSUE WAS TO I, I, I THIS ASKED THE BUILDING DEPARTMENT, UM, NOT NOT THE BUILDING INSPECTOR THAT YOU SEE HERE, THE LADIES IN THE FRONT WHO ARE QUITE, UH, WELL VERSED. AND I SAID AND SHE SAID, IF YOU REMOVE AS MUCH, UH, COVERAGE AS YOU POSSIBLY CAN AND AND GUARANTEE THAT THE NOT GUARANTEED BUT SHOW THAT THE PAVEMENT IS IN REFERENCE TO THE ACCESSIBILITY REQUIREMENTS FOR THE GARAGE, I'M SURE THAT, UH, THE BUILDING INSPECTOR WILL. 
          AND THAT'S EXACTLY WHAT WE DID. AND THIS BUILDING, THAT DRAWING THAT YOU SEE HERE WAS SUBMITTED, AND IT WAS AGREED THAT THE 30 BY 30 FOOTPRINT WAS ADEQUATE. AND IT WAS ALLOWED BECAUSE THE REST OF THE PAVEMENT IS IS NEEDED TO, TO ENTER THE SETBACK, THE FRONT YARD SETBACK. SO THAT OF COURSE DOESN'T COUNT. SO THE 30 BY 30 MAXIMUM FOOTPRINT IS IS WAS WE REDUCED. UM, THE PAVEMENT THAT WE HAD SHOWN EARLIER AND IT TURNED OUT THAT HE ACCEPTED IT. AND THEREFORE ONLY ONE VARIANCE WAS BEING REQUESTED OFFICIALLY FROM YOUR BOARD, WHICH IS THE LOCATION OF THE POOL. SO OFFICIALLY, THE, UH, THE 30 BY 30 MAXIMUM IS MET. WE DON'T NEED THAT VARIANCE. AND WHAT WE NEED FROM YOU IS THE ACCEPTING THE LOCATION OF THE POOL IN THE FRONT OF THE HOUSE, WHICH WAS THE REASON WHY WE'RE HERE. IT IS. IT IS IN THE FRONT SIDE. FRONT SIDE? YEAH. BECAUSE IN THE CODES REQUIRE IT TO BE IN THE REAR. 
          AND YOU HAVEN'T MADE ANY CHANGES TO THE POSITIONING OF THE POOL OR SIZE? NO. EVERYTHING STAYED THE SAME EXCEPT THE NARROWING OF THE DRIVEWAY. 
          OKAY. THANK YOU. ANYONE ELSE ON THE BOARD OF ANY QUESTIONS? DO YOU HAVE ANYTHING IN WRITING FROM THE NEIGHBORS WHO YOU SPOKE WITH? WE HAD SUCH A GOOD TIME THAT I DIDN'T THINK OF THAT. WE WE SHOOK HANDS AND WE WE TALKED ABOUT THE TYPE OF DRINKS THAT WE WERE GOING TO HAVE IN THE POOL. WE DID IT. WE WENT THROUGH. HE WAS RAISED IN QUEENS, SO IT WAS I, WOODSIDE. 
          WE TALKED ABOUT THAT YOU WERE TO. 
          YES. OH MY GOD. OH YOU'RE IN THE GOOD LIST NOW. OH MY GOD. 
          WOODSIDE. WHAT STREET? NO, NO. WOODSIDE IN QUEENS. 
          OH. WOODSIDE. A SPECIAL PLACE IF YOU'RE FROM WOODSIDE. 
          WE DIDN'T. HAVE A POOL IN QUEENS. 
          YOU WERE ONE OF THE GUYS. OKAY. AND HE WAS ONE OF THE GUYS. 
          SO? SO YOU'RE. ASKING THE ONLY VARIANCE. 
          YOU'RE ASKING FOR IS THE LOCATION OF THE. CORRECT. OKAY. 
          CORRECT. GOT IT. 
          REMEMBER THE SONG WHEN YOU'RE A JET, YOU'RE A JET ALL THE WAY. 
          THAT'S THE NEIGHBORHOOD. UM. 
          YOU DON'T WANT THAT TO GO ON RECORD. 
          DO YOU? THAT'S HAVING A HARD TIME KEEPING UP WITH. IT.. 
          JUST FOR BUILDING. FOR BUILDING. 
          THE ONLY VARIANCE NOW IS THE POOL. YES. 
          [00:20:11]
ANYBODY HERE WHO WANTS TO SPEAK TO. 
          THIS? ON THE PHONE. 
          WHAT TYPE OF, UH. IF YOU. HAVE. 
          THIS IN MIND? UM. 
          WOULD WOULD WOULD THERE BE ANYTHING THAT WOULD. THAT WOULD HAVE TO BE. I GUESS PUT SOME TYPE OF. VISITATION. OR. I'M NOT SURE HOW. A NEIGHBOR, WOULD THAT NEIGHBOR BE ABLE TO, UH, SEE THE. SEE THE. 
          POOL WITHOUT ANY KIND OF EDUCATION.? GOOD QUESTION. AND THEY ASKED THAT AND WE SHOWED THEM, UH, SUCCESSFULLY, THE FACT THAT THE BUILDING, THAT MIDDLE FINGER IS TWO AND A HALF STORIES TALL, SO HE CANNOT SEE THROUGH THE BUILDING, HE WILL NEVER SEE. HIS CONCERN ALSO IS THE SOUND OF THE POOL NORMAL. AND I SAID THAT BUILDING MASS WILL NOT ALLOW YOU TO HEAR ANYTHING. YOU'LL HEAR THE ROAD TRUCKS BEFORE YOU. YOU HEAR ANYBODY LAUGHING ON THE POOL. SO THAT WAS A QUESTION THAT THEY ASKED. AND THEY ASKED IT HERE, IN FACT. AND WE GUARANTEE WE SHOWED THEM. WE SAID WE SAID TO THEM, NO, THIS IS A THREE STORY ELEMENT THAT BLOCKS DIRECTLY NOT ONLY THEIR VIEW, BUT THE SOUND. THE SOUND WOULD BOUNCE RIGHT OFF. THEY WERE HAPPY. I'M SURE THEY'RE LISTENING. OR THEY WOULD BE HERE. WHERE IS THE SAFETY AND SECURITY WALL? THE POOL? WELL, YOU MEAN THE ROOM? THE SECURITY ROOM? I DON'T UNDERSTAND WHAT THAT WHAT YOU MEAN BY THAT? NO, I SAID WALL. 
          FOR A POOL. YES. 
          WE DON'T NEED A WALL FOR THE POOL. WE NEED A WHOLE. WE DON'T. I DON'T KNOW WHY YOU'RE REFERRING TO A WALL. THEY MEAN. 
          OH, THE WALL. THE ESSENCE OF WHAT THE WALL IS. THE BUILDING ITSELF. THE WALL, THE SOUND TRAVELS IN A DIRECT PATH, LIKE LIGHT. SO IF YOU PUT AN OBJECT, UH, BETWEEN THE OBSERVER AND THE SOUND SOURCE, YOU WON'T HEAR IT. THAT'S WHY NOISE BARRIERS WORK. IF YOU DRIVE NEXT TO A NOISE BARRIER, YOU'LL SEE THAT THE HEIGHT IS THE IMAGINARY SOUND TRAVELING FROM THE WHEEL OVER THE FENCE, PROTECTING THE HOUSE ON THE OTHER SIDE, WHICH IS AT A LOWER ELEVATION. THAT'S HOW THEY'RE DESIGNED. SOUND IS TOTALLY DIRECTIONAL AND MASS HEAVY. 
          BREAK BY CONCRETE IS AN EXCELLENT BLOCKER OF SOUND. 
          IT'S LIKE A IT BOUNCES RIGHT, LIKE. 
          A BALL. SO THERE IS ABSOLUTELY NO SOUND GOING TO GO THROUGH. NONE AT ALL. BUT LINEAR PATTERNS OF SOUND FROM THE ROAD WILL GET WILL WILL GET YOUR ATTENTION BEFORE THE SOUND FROM THE POOL. YEAH, I KNOW THE DISTANCE. 
          YEAH. OF COURSE THE DISTANCE. OF COURSE, IS, UH, I WOULD SAY ABOUT. 80. 
          OH OH FROM THE HOUSE TO THE PROPERTY LINE IS 50 SOMETHING. 
          YEAH. THAT ALSO WAS CLEARED UP. WITH THEM. YEAH. 
          ON THE. FLOOR ON THE PLAN. 
          BECAUSE WE WENT OVER THE TREES THAT WERE WERE ORIGINALLY PLANNED, UH, PLANNED FOR, UH, LOCATION LOCATING THEM IN THE BACK. UH, HE SEEMED HE SEEMED HAPPY WHEN HE LEFT. 
          YEAH. BUT THEN IT DOESN'T GO ALL THE WAY AROUND. 
          AND REMEMBER, WE'RE PLANTING A LOT OF TREES IN THE FRONT AS WELL AS ON THE SIDE. WHAT? KEEP IN MIND THAT THE ONLY OTHER CHOICE THAT WE HAVE FOR THE POOL LOCATION IS CLOSER TO HIM. SO WE WE'VE WE'VE DONE THE BEST WITH THE NEIGHBORS IN THE REAR. THINK OF IT THIS WAY. THE POOL IN THIS LOCATION DOES NOT AFFECT THE NEIGHBORS IN THE REAR. SO IF WE HAD THE POOL IN THE BACK, AN ADDITIONAL EXPENSE OF WALL EXCAVATION NOW, YOU WOULD HAVE THE NEIGHBORS IN THE BACK MUCH CLOSER TO THE POOL ACTIVITIES THAN WHERE THE POOL IS. THAT POOL IS FURTHEST AWAY FROM EVERYBODY. 
          OKAY, I GUESS MAYBE YOU'RE NOT UNDERSTANDING MY QUESTION OR I'M NOT UNDERSTANDING YOUR ANSWER. UM, WHAT I'M TALKING ABOUT IS THE SECURITY FENCE. OH. 
          THE FENCING OR THE FENCING FOR THE POOL. YES. THAT HASN'T BEEN 
          [00:25:02]
ADDRESSED YET. IT'S THAT'S THAT'S GOING TO BE DEALT WITH. 
          THE BUILDING DEPARTMENT. BUT OF COURSE, IT HAS TO MEET IN TOWN. 
          GREENBERG HAS VERY SPECIFIC RULES ABOUT THAT AND THAT THAT IS HANDLED WHEN THE BUILDING DEPARTMENT ISSUES THE PERMIT. 
          THEY'RE VERY SPECIFIC. UH, AS TO THE DETAILS OF THE FENCE, IT HAS TO BE LOCATED. AND IN FACT, MOST PEOPLE DON'T KNOW THIS. 
          BUT IF YOU PUT THE FENCE AROUND THE OUTSIDE, THE THE BUILDING LINE ITSELF IS CONSIDERED A FENCE. IF THE DOORS IF THE SLIDING DOORS. OH COME ON. 
          NO. NO, I'M I UNDERSTAND THAT, BUT I'M TALKING ABOUT THE. WELL IT WILL BE IT WILL BE LOCATED OF COURSE. BUT IS THAT IS TELLING THE TRUTH. SO BUT BY STATE CODE, THE FENCE, THE POOL HAS TO BE FULLY ENCLOSED WITH THE SELF LATCHING GATE. THE POOL THAT HAS TO BE FULLY ALARMED. AND IT HAS TO HAVE BECAUSE THEY'RE USING THE STRUCTURE AS A BARRIER, THEY'RE GOING TO HAVE TO ALARM ALL THE DOORS AND WINDOWS ON THE EXTERIOR OF THE BUILDING, BUT WE'LL PICK THAT UP WHEN IT COMES IN. BUT THEY ARE REQUIRED TO HAVE A MINIMUM FOUR FOOT FENCE AROUND. THE POOL. 
          OKAY. SO WE DON'T NEED TO SEE THIS. ON HIS PLAN PRESENTED TO US THIS EVENING. NO, WE'LL WE'LL PICK THAT UP WHEN THEY COME IN FOR BUILDING PERMIT SUBMISSION. 
          OKAY. THAT'S A PERFECTLY GOOD ANSWER. 
          THANK YOU. WHAT DO YOU MEAN? IS HE TELLING. THE TRUTH? YOU SHOULDN'T SAY THAT. ARE YOU TELLING THE TRUTH? THAT THAT'S. 
          THAT'S A REAL BAD THING TO ASK. OKAY, I KNOW WHAT YOU MEANT TO SAY, BUT YOU SHOULDN'T HAVE SAID IT THAT WAY. 
          OKAY? I'M A LICENSED ARCHITECT. 
          ENGINEER? ARE YOU AN ATTORNEY? DO YOU LIE? I'M SORRY, BUT I DON'T LIKE THAT. YOU ALSO SAID YOU ASKED THE QUESTION. AND THE BUILDING INSPECTOR AND I AND I DID DISCUSS THE LOCATION OF THE GREEN AREAS WITH WITH THE BUILDING DEPARTMENT. IT WAS IN THE HALLWAY. IT WASN'T A FORMAL DRAWING, A REQUEST. BUT I DID ASK THEM THAT QUESTION. SO I DON'T LIKE THAT. AND I JUST LET YOU KNOW. DON'T EVER SAY THAT IN FRONT OF MINE. I AM LICENSED ENGINEER. ARCHITECT. I TELL YOU EXACTLY THE TRUTH AND YOU HAVE TO JUDGE ME BY WHAT I SAY. ALL RIGHT, THAT'S NOT NECESSARY. IT IS VERY MUCH SO. I'M 80 YEARS OLD. I'VE BEEN PRACTICING FOR 47 YEARS. WHAT KIND OF A QUESTION IS THAT? IS HE TELLING THE TRUTH? ANALYZE THAT. WHEN YOU GO TO BED TONIGHT AND YOU'LL SEE THAT I'M RIGHT. 
          WE'RE STILL FRIENDS. BUT I CAN'T LET YOU GET AWAY WITH THAT. OH, OKAY. THAT'S GOOD. BUT YOU REALIZE, OF COURSE, THAT, UM, YOU'RE MAKING THAT NOT SIT VERY WELL WITH ME. IT DOESN'T MATTER. 
          OKAY? YOU ALREADY OFFENDED ME. SO WHY DO I HAVE TO LOSE? I'M 80 YEARS OLD. I REALLY DON'T CARE. I'M GOING TO DIE SOON. I'M GOING TO SEE THAT. DO NOT. DO NOT ENGAGE. I WILL NOT, I WILL NOT LET GO OF THIS RABBIT, OKAY, I WILL NOT. YOU KNOW YOU'RE WRONG, BUT YOU WON'T EVEN ADMIT IT. ADMIT IT. YOU'RE NOT HERE TO LECTURE. 
          I'M NOT. I'M HERE TO DEFEND MY NAME. RIGHT, I DON'T LIE. 
          NO ONE EVER. YOU ASK THE QUESTION AS IF I'M IMPLYING I'M A LIAR. I DON'T LIKE THAT. 
          THAT'S IT. THAT'S RIGHT. I THINK WE'RE DONE. WE HAVE WHAT. WE NEED. I'M DONE. I'M DONE. 
          LIKE I SAID, I'M FROM WOODSIDE. YEAH. 
          ANYONE ELSE IN THE AUDIENCE? THANK YOU. 
          YES. NEXT CASE IS 2623. NINE BLUEBERRY HILL, IRVINGTON. GOOD EVENING. MEMBERS OF THE ZONING BOARD. MY NAME IS GUY COHEN. I'M THE ARCHITECT AND THE OWNER OF THE PROPERTY. UH, I'M HERE TONIGHT FOR A VARIANCE. A TWO FOOT VARIANCE FOR A FENCE, A DEER FENCE THAT WE'RE HOPING TO PUT UP AROUND THE PROPERTY. I JUST WANT TO MENTION THAT I ACTUALLY DON'T LIKE FENCES. I'D RATHER NOT PUT UP A FENCE. UNFORTUNATELY, NECESSITY IS THE MOTHER OF THIS PARTICULAR FENCE. UM, WE'RE PUTTING IN A QUITE EXTENSIVE LANDSCAPING AND PLANTING, AND THE DEER ARE, UM, REALLY PRETTY MUCH, UM, ENDEMIC TO THIS AREA. AND THERE'S ACTUALLY NO REAL WAY I'M NOT GOING TO BE OUT THERE EVERY DAY SPRAYING THE PROPERTY. THE OTHER ASPECT, AND THE OTHER REASON WE'RE REQUESTING THE FENCE IS THAT WE'VE HAD DISCUSSIONS WITH THE BUILDING DEPARTMENT AND ENGINEERING DEPARTMENT ABOUT, 
          [00:30:04]
UM, EROSION CONTROL. AND ORIGINALLY WE WERE REQUESTED TO PUT IN TWO LAYERS OF WIRE REINFORCED SILT FENCING. UM, WHICH WOULD BE THROWN AWAY AT THE END OF THE PROJECT. BUT IN DISCUSSIONS WITH THE ENGINEERING DEPARTMENT, WE SUGGESTED TO PUT THE SILT FENCING ON THE, UH, CHAIN LINK FENCE AND THEN JUST THROW AWAY THE SILT FENCING. UH, AFTER THE THE PROJECT IS FINISHED. SO WE'RE ALLOWED TO PUT IN A SIX FOOT FENCE AS OF. RIGHT. WE'RE ONLY ASKING FOR A TWO FOOT VARIANCE TO MAKE IT AN EIGHT FOOT FENCE. UM, THE FENCE IS GOING TO BE A BASIC CHAIN LINK FENCE WITH, UH, BLACK VINYL COATING. I DON'T KNOW, UM, DO YOU HAVE A PICTURE OF THAT WE CAN PUT UP THERE? PICTURE YOU? I SEE YOU HAVE A PICTURE RIGHT THERE. I ALSO HAVE SOME PICTURES, SOME, UH, PLANS OF THE LANDSCAPING PLAN, IN CASE YOU'RE INTERESTED IN SEEING THAT. YOU CAN YOU CAN SEE WE'RE PUTTING IN OVER 5000 NEW PLANTS, TREES, SHRUBS, VARIOUS OTHER THINGS, WHICH IS A SIGNIFICANT INVESTMENT. AND WE WANT TO TRY AND PROTECT IT. UH, THE FENCE WILL HAVE GATES AROUND THERE IN VARIOUS PLACES. 
          WE HAVEN'T ACTUALLY DECIDED EXACTLY WHERE THE GATES ARE GOING TO BE. SO YOU CAN ACCESS THE REST OF THE PROPERTY. THE FENCE DOESN'T ACTUALLY GO AROUND THE ENTIRE, UH, BORDER PERIMETER OF THE PROPERTY. IT JUST ENCOMPASSES THE AREA WHERE MOST OF THE LANDSCAPING AND PLANTING IS GOING TO BE. AND THAT'S PRETTY MUCH IT. SO WE REQUEST A TWO FOOT VARIANCE IF YOU WOULD ALLOW IT. I HAVE A QUESTION. YOU SAID THAT THE BUILDING DEPARTMENT IS ASKING YOU TO PUT UP A FENCE FOR EROSION. THEY ASKING YOU TO PUT UP AN EIGHT FOOT FENCE. 
          THAT'S LET ME JUST, UH, SORT OF CLARIFY THAT, UM, AS PART OF THE CONSTRUCTION PROCESS, WE HAVE TO PUT IN SILT FENCING. 
          AND ORIGINALLY THE REQUEST WAS TWO LAYERS OF WIRE REINFORCED SILT FENCING, WHICH IS QUITE EXPENSIVE. AND THEN IT'LL BE DISCARDED AT THE END OF THE END OF THE PROJECT. WE SUGGESTED THAT WE USE THE DEER FENCE TO SUPPORT REGULAR SILT FENCING, WHICH IS HALF THE COST OF ONE LAYER OF THE WIRE REINFORCED SILT FENCING. SO THE THE THE DEER FENCE WILL ACT AS THE THE THE WAY THAT WILL ATTACH THE SILT FENCING. WE WON'T NEED TO PUT IN TWO LAYERS OF WIRE REINFORCED SILT FENCING AND THEN AND THEN THE DEER FENCE STAYS AND THE SILT FENCING GETS THROWN AWAY AT THE END. COULD YOU USE A SIX FOOT FENCE FOR THAT, OR DOES IT HAVE TO BE EIGHT FEET? UH, I COULD USE A SIX FOOT FENCE, BUT DEER CAN JUMP OVER SIX FOOT FENCES. YES, I HAVE DEER THAT JUMP OVER MY FENCES.. AND THAT'S THE PROBLEM. WE WE HAVE A TWO TWO ACRE PROPERTY IN CHAPPAQUA WHERE I DO A LOT OF MY OWN. I DID THE LANDSCAPING PLAN, I DO MY OWN LANDSCAPING AND PLANTING, AND I AM CONSTANTLY BATTLING THE DEER. 
          AS YOU KNOW, THEY EVEN EAT PINE TREES. SO I WANT TO TRY AND PROTECT MY INVESTMENT HERE. HOW MANY LINEAR FEET OF FENCING ARE YOU PROPOSING? ABOUT 1600. 
          AND WHAT I CAN'T SEE ON THE MAP. WHERE THE WHERE THE FENCES. BUT HE SAID THAT LOOKS LIKE IT GOES ENTIRELY AROUND THE ENTIRE PROPERTY. WELL, IF WE COULD PULL OUT A LITTLE BIT, ZOOM OUT A LITTLE BIT, UH, AND THAT'S ACTUALLY NOT THE ENTIRE FENCING IS IS THERE ANOTHER, UH, DRAWING THAT SHOWS THE ENTIRE, I THINK MAYBE ONE OF THE OTHER. UH, DRAWINGS. 
          IT'S NOT THE ENTIRE PERIMETER OF THE PROPERTY, BUT THE DRAWING. SO WHILE THEY FIND THAT THAT WOULD BE MY QUESTION, AND I'M IN A UNIQUE POSITION TO TALK ABOUT DEER, WORCESTER COUNTY CONSERVATION AND MANAGEMENT. 
          KIND OF FALLS UNDER THE DIVISION THAT I WORK FOR. IF YOU'RE NOT PLANNING ON ENCLOSING THE ENTIRE PROPERTY. 
          AND I'VE SEEN DEER JUMP OVER IT, EIGHT FOOT FENCE. UM, HOW WOULD THIS HELP KEEPING THE DEER OUT OF THE PROPERTY? WELL, DEER CANNOT JUMP OVER AN EIGHT FOOT FENCE, FOR. 
          I AM HERE TO TELL YOU. YES THEY CAN. WELL, I'VE SEEN IT HAPPEN. 
          OKAY. IN PERSON. WELL, YOU KNOW, MICHAEL JORDAN CAN JUMP. YOU KNOW, HE'S HE'S SORT OF AN UNUSUAL CASE, TOO. 
          UH, IT'S NOT THE AVERAGE DEER WHO COULD DO THAT. 
          SO THE SECOND PART OF THAT TOO, IS IF IT'S NOT A COMPLETE DEER ENCLOSURE, HOW DO YOU PREVENT THE DEER FROM COMING IN AT OTHER ANGLES? I'M NOT I'M NOT OPPOSED TO HAVING A DEER ENCLOSURE. BUT IF THE ENTIRE PROPERTY IS NOT ENCAPSULATED, 
          [00:35:02]
HOW DO YOU PLAN ON KEEPING THE DEER FROM COMING UP THE DRIVEWAY FOR ARGUMENT'S SAKE? WELL, I, I THAT'S ACTUALLY NOT THE THE ENTIRE FENCE DRAWING. THAT'S JUST A SITE PLAN. IT DOESN'T. INCLUDE YOU SAID THAT IT WOULD NOT ENVELOP THE ENTIRE PROPERTY. SO WHETHER SHE BRINGS THAT UP OR NOT, I'M JUST GOING ON YOUR TESTIMONY NOW THAT YOU SAID IT WILL NOT COMPLETELY ENVELOP THE PROPERTY. CORRECT. 
          SO IF WE WERE IN AGREEMENT WITH PUTTING UP THE FENCE, IF IT'S NOT FOR THE PURPOSE OF KEEPING THE DEER COMPLETELY OUT OF THE PROPERTY BECAUSE PART OF THE PROPERTY IS STILL OPEN, THEN WHAT IS THE ULTIMATE PURPOSE? WELL, SO IT, UH, THIS IS ONLY A PARTIAL PLAN. IT ENCOMPASSES, FOR SOME REASON, I DON'T KNOW, THE, UH, WE DON'T HAVE THE ENTIRE PLAN, BUT THERE'S GOING TO BE A GATE AT THE FRONT OF THE DRIVEWAY, AT THE DRIVEWAY. 
          AND THAT GATE WILL BE CLOSED. IT WILL BE A, YOU KNOW, A MOTORIZED GATE. THEN THE DEER FENCE WILL COME UP TO THE GATE, GO AROUND. IF ON THE ON THE, UH, THE FENCE LINE AROUND WHERE IT'S SHOWN. AND FOR SOME REASON, ONCE AGAIN, THE IT'S BEING CUT OFF. IT'S THE LINE WITH THE X HERE, RIGHT? IT'S THE LINE WITH THE X. 
          CORRECT. AND THEN IS THE GATE HERE IN THIS SECTION RIGHT HERE. THAT'S RIGHT THERE. SO THEY'LL, THEY'LL BE AT UM A CATTLE. GREAT. UH, ON THE DRIVEWAY AND THERE'LL BE A GATE AND THEN THE FENCE WILL GO UP TO THE GATE AND THEN AROUND ON THE FENCE LINE. 
          SO THEN THE. FENCE AROUND THE PROPERTY OR NOT. WELL, ONCE AGAIN, IT DOESN'T ENCOMPASS THE ENTIRE PERIMETER OF THE PROPERTY. IT ONLY ENCOUNTERS. IT ONLY ENCOMPASSES THE LINE OF WHICH IS INDICATED ON THE DRAWINGS. RIGHT. BUT CAN THE DEER SNEAK? I THINK WHAT HE'S ASKING IS NO. CAN THE DEER SNEAK AROUND THE FENCE? NO. OKAY, OKAY. SO IT'S AN ENCLOSED AREA. 
          IT'S AN ENCLOSED AREA. UM, DO YOU HAVE THE. 
          PLAN TO COVER THE ENTIRE CROP? IT DOESN'T COVER THE ENTIRE PROPERTY. BUT IF YOU HAVE A SPECIALLY, UH, CLEVER BEER, YOU COULD NOT GET AROUND THAT FACE. 
          UH, HE'D HAVE TO BE REALLY CLEVER TO GET AROUND THAT ENTIRE FENCE. UH, OR THEY'D HAVE TO SLIP. AND THAT'S WHY WE WANT TO PUT A CATTLE. GREAT. UH, ON ON THE DRIVEWAY TO PREVENT IN, JUST IN CASE. WHEN THE GATE IS OPEN. FOR SOME REASON, IF A DELIVERY TRUCK OR WE'RE COMING IN AND OUT, THE DEER DON'T. VERY CLEVER. DEER DOESN'T TRY TO SLIP IN BECAUSE THAT'S THE CATTLE. GREAT. WILL PREVENT THAT. 
          I HAVE A MUCH MORE. BASIC QUESTION. SO I'M LOOKING AT THE DRAWING. THERE YOU GO. LOOKING AT OUR SOMEBODY ELSE THERE I WAS LOOKING AT THE DRAWING AND LOOKING AT OUR AGENDA, AND IT LISTS THE PROPERTY AS NINE BLUEBERRY HILL ROAD, IRVINGTON. THAT'S CORRECT. RIGHT? YES. BECAUSE THERE'S A LETTER OF PERMIT DENIAL WHICH SAYS THE PROPERTY LOCATION IS ZERO. PETER BONT ROAD. 
          SO LET ME EXPLAIN THAT. SO THAT SO, UH, WHEN WE BOUGHT THE PROPERTY, IT DID NOT HAVE AN OFFICIAL ADDRESS. SO THE TOWN, UH, ASSIGNED IT ZERO PETER BONT ROAD. WE'VE SUBSEQUENTLY GOTTEN THE ADDRESS ASSIGNED TO THE PROPERTY, AND NOW IT'S GOT OFFICIAL ADDRESS OF NINE BLUEBERRY HILL ROAD. 
          OKAY. AND IT LISTS THE OWNER AS GUY AND DEBORAH CONE. AND AN ADDRESS IN MOUNT KISCO. WHAT? WHAT IS YOUR. I DON'T KNOW IF IT REALLY RELATES TO THE VARIANCE REQUEST, BUT WHAT IS YOUR INTENT WITH THIS PROPERTY? ARE YOU DEVELOPING IT TO SELL IT? ARE YOU GOING TO LIVE THERE? WHAT ARE YOU GOING TO DO? WE'RE BUILDING OUR OWN HOME THERE. OH, OKAY. 
          YEAH, THAT'S. AND WHEN IT'S DONE, YOU'RE GOING TO MOVE OR. YEAH, EXACTLY. 
          WHAT WAS. THE THOUGHT PROCESS TO ENCLOSE ONLY A PORTION OF THE PROPERTY AND NOT THE WHOLE PROPERTY? WELL, FOR ONE, WE'VE GOT A WETLANDS, IF YOU NOTICED, TO THE EAST. SO WE CAN'T ENCROACH IN ON THE WETLANDS. WE CAN GO ON THAT AREA. UM, THEN THERE'S REALLY NOT NECESSARY TO ENCROACH THE ENTIRE PROPERTY BECAUSE THE REST IS, IS, UH, BASICALLY FOREST AND VACANT LAND. SO THE WHOLE THE ENTIRE SITE IS A WOODED SITE. AND, UH, WE'RE GOING TO BE DOING MOST OF THE LANDSCAPING WITHIN THE FENCE LINE. AND SO THERE WAS NO NEED. AND SINCE THE FENCE IS BLACK, IT'LL BASICALLY DISAPPEAR. UH, THE NEIGHBORS ARE FAR AWAY. THERE ARE NO NEIGHBORS THAT ACTUALLY CAN SEE. SO I DIDN'T WANT TO PUT A FENCE RIGHT UP TO A PROPERTY LINE, ESPECIALLY TO THE, UH, TO THE SOUTH, BECAUSE WE'VE GOT A NEIGHBOR THERE. UH, SO THE THE IDEA IS TO KIND OF HIDE THE FENCE AND WEAVE IT IN AROUND THE EXISTING FORESTED AREA AND TO COVER IT BY, BY NEW 
          [00:40:01]
LANDSCAPING. AND THERE'S REALLY NO NEED TO COVER THE REST OF THE PROPERTY. THE REST OF THE PROPERTY IS VERY HILLY, AND IT'S KIND OF LIKE A VALLEY. SO IT WOULD WOULDN'T SERVE ANY PURPOSE REALLY TO DO THAT. THANK YOU. THE I YOU'VE BEEN HERE BEFORE, WE DISCUSSED IT BECAUSE I REMEMBER LOOKING AT YOUR HOUSE, THE IT'S A HILLY PIECE OF PROPERTY IS THE APPROACH TO THE EIGHT FOOT FENCE FROM OUTSIDE THE FENCE FLAT, GOING UPHILL OR GOING DOWNHILL INTO YOUR PROPERTY. 
          IT'S ESSENTIALLY FLAT. IT'S ESSENTIALLY FLAT. 
          YEAH. SO THE DRAW, THERE'S A DRIVEWAY THAT THERE'S A CUL DE SAC AT THE END OF BLUEBERRY HILL ROAD, AND THEN THERE'S A SHARED DRIVEWAY WITH TWO HOUSES CURRENTLY ON IT. AND THEN WHEN IT GETS DOWN TO THE BOTTOM, IT LEVELS OUT. AND SO WHEN YOU START GOING INTO THE PROPERTY, IT BEGINS TO GENTLY SLOW, BECAUSE THERE WAS THERE WAS AN OLD GIRL SCOUT CAMP IN THIS SITE. AND PRIOR TO THAT, IT GOES BACK TO REVOLUTIONARY WAR TIMES. AND THERE WAS AN OLD ROAD THAT ACTUALLY WENT THROUGH. SO WE'RE FOLLOWING THE OLD ROAD THEY WENT THROUGH THERE, AND IT'S ESSENTIALLY JUST GENTLY SLOPING AT THAT POINT. IT'S PRETTY MUCH FLAT AND THEN SORT OF SLOPES UP AS YOU KIND OF GO UP, UP INTO WHERE THE DRIVEWAY IS. OKAY. 
          WHEN YOU EXCAVATE, ARE YOU GOING TO LOOK FOR ARTIFACTS? WE HIRED A ARCHAEOLOGIST, UH, RIGHT BEFORE WE BOUGHT THE PROPERTY. AND THEY DID EXTENSIVE TESTING AND THANKFULLY DIDN'T FIND ANYTHING REALLY. THEY DUG 50 TEST HOLES AROUND THE PROPERTY, SIFTED THROUGH IT, WROTE A LONG REPORT. I'M HAPPY TO GIVE YOU THE REPORT. IF YOU WANT. UH. 
          WE SCOUTS WERE VERY, VERY CLEAN. 
          UH, WELL. I DON'T I CAN'T VOUCH FOR THAT. ACTUALLY, AT THIS POINT, BUT IT'S BEEN A LONG TIME SINCE THE GIRLS. I THINK THEY LEFT IN PROBABLY 63, WHEN THE BLUEBERRY HILL DEVELOPMENT WAS, WAS BUILT. SO IS THIS PROPERTY EAST OR WHERE IS IT LOCATED IN IRVINGTON? EAST OR WEST OF ROUTE NINE? WELL, I CAN GIVE YOU A BETTER, UM, YOU KNOW, WHERE MOUNTAIN ROAD IS. 
          YES. SO IT'S AT THE TOP OF MOUNTAIN ROAD. OH. 
          OKAY. THERE'S THERE'S A CONSERVATION. THERE'S A LARGE CONSERVATION AREA. UH, I FORGET THE. 
          NAME OF IT. THAT MEANS IT'S EAST OF ROUTE NINE, RIGHT? UM. IT'S IT'S NOT ON THE HUDSON SIDE OF ROUTE NINE. NO, IT'S ON THE OTHER SIDE. 
          OKAY. NO, IT'S. YOU KNOW, WHERE THAT DANGEROUS ENTRY OFF THE SAWMILL IS? YES. YOU KNOW, YOU GO UP TO MOUNTAIN ROAD AND THEN IT'S ON. IT'S PRETTY MUCH AT THE TOP OF THE HILL BEFORE YOU GO DOWN. I DO. OKAY. THANK YOU. 
          YEAH. ANY OTHER QUESTIONS? ANY ONE. ONE OR. ABOUT. THE FENCE ANYMORE. THE HEIGHT. 
          OF IT. YOU CAN SEE ONCE AGAIN THAT'S THE THE FULL PROPERTY. AND YOU CAN SEE THE BOUNDARY LINES. AND THEN THE LINE OF THE FENCE AROUND IT. UH, SO IT'S JUST BASICALLY AROUND THE AREA WHERE WE'RE DOING THE WORK AND LANDSCAPING. ALL. THANK YOU. 
          THANK YOU FOR YOUR TIME. DO YOU WANT TO INVITE PUBLIC COMMENT? WHAT DO WE HAVE TO ASK FOR? PUBLIC COMMENT? OKAY. 
          DOES ANYONE ELSE WANTED TO, UH. AND THE. 
          NEXT CASE IS. 2624. 66 BEECH STREET. BIKE LANES. GOOD EVENING EVERYONE. LET ME JUST SHARE MY SCREEN. I'M GETTING, LIKE, A PASSWORD 
          [00:45:08]
REQUEST. TECH SUPPORT. SHARE SCREEN. 
          UH, YEAH. I WANT TO SHARE SCREEN. GIVE ME, LIKE, A SYSTEM SETTING. DO YOU WANT TO? I CAN CLEAN UP THE PRESENTATION. OKAY. HERE. SO THAT WAY, IT'S ONLY. IT'S ONLY BIG. THREE THINGS THAT I CAN SHOW. IT'S NOT. 
          MUCH. WHAT? THAT. YEAH. THANK YOU. 
          ALL RIGHT. GOOD EVENING EVERYONE. JONATHAN JAMMER, ENGINEERING HERE WITH, UM. COULD YOU. 
          COULD YOU SPEAK UP A LITTLE? YEAH. 
          THANK YOU. HERE WITH FALLON, NIETZSCHE, FOWLER, LLC. UM, FOR MANHATTAN PARK APARTMENTS, 66 BEACH STREET. SO WE'RE HERE TO, UH, REQUEST THE RENEWAL OF FOUR PREVIOUSLY APPROVED AREA VARIANCES. UM, ORIGINALLY APPROVED AS CASE NUMBER 1125, BACK IN FEBRUARY OF 2012. AND THEN APPROVED AGAIN IN, UM, MAY 2014 AS CASE NUMBER 1402. UM, THE PROJECT WAS UM, ACTUALLY BEGAN IN 2022. CONSTRUCTION AND HALTED. UM, SO THE FOUR VARIANCES WE ARE SEEKING TO RENEW OUR, UM, THE STORY HEIGHT, UH, THE STORY NUMBER FROM TWO AND A HALF PERMITTED UP TO THREE. SO VARIANCE OF AN EXTRA HALF STORY. UM, THE HEIGHT FROM 25FT TO 30.4, WHICH IS, UM, A VARIANCE OF 5.4FT. 
          UM, REDUCED THE REAR YARD SETBACK FROM 25FT TO DOWN TO 17.75, AND THE REAR YARD, UM, AREA TO THE DECK, UH, FROM THE REQUIRED 20FT DOWN TO TEN FEET. UM, SO THE PROJECT IS, UH, FIVE TOWNHOMES, UM, TWO AND THREE FAMILY, UH, TWO AND THREE BEDROOM. UM, IF YOU WANT TO GO TO THE NEXT, UH, THE NEXT PAGE. 
          SO, AS I PREVIOUSLY MENTIONED, CONSTRUCTION BEGAN. THIS IS THE CURRENT STATE OF THE OF THE PROPERTY. UM, YES. SO THE PROPOSED RENEWALS ARE KEEPING THE, UM, THE OLD PLANS, NO CHANGES, JUST A CONTINUATION AND COMPLETION OF THE PROJECT THAT'S ALREADY BEGUN. UM, AND THAT'S. 
          UH, THIS BEGAN IN 2022. YES. 
          WHAT WERE THE. UH, VARIANCES EXPIRED BY THEN? UM, I THE ALL THE RECORDS SHOW THAT, UH, I MEAN, THEY WERE APPROVED, RENEWED AND THEN THE PERMIT, THE BUILDING PERMIT WAS FROM 2022. SO I DON'T KNOW WHAT HAPPENED IN BETWEEN THEN, BUT, UM, THAT'S THE, UH, THE RECORDS OF THE VARIANCES AND THE RENEWALS. SO I GUESS THE QUESTION JUST SIMPLER TERMS. YOU WERE ALREADY ISSUED VARIANCES TO BEGIN CONSTRUCTION. CORRECT. AND THIS WAS A PREVIOUS, UM, OWNER AT THE TIME. UM, MY CLIENT IS HOPING TO PURCHASE THE PROPERTY AND CONTINUE THE PROJECT, BUT, YEAH, I CAN'T SPEAK TO, UH, WHAT THEY DID AT THE TIME, BUT BUT YES. BUILDING. IS THAT ACCURATE THAT WE HAD APPROVED THIS? SO THE THE HISTORY OF THE PROPERTY. IT STARTED OUT WITH ONE DEVELOPER WHO GOT VARIANCES, LET THAT LAPSE. THEN ANOTHER PERSON CAME IN, TOOK IT OVER, CAME BACK TO THE BOARD, GOT THAT APPROVED. THEY PROCURED A BUILDING PERMIT, STARTED CONSTRUCTION AND THEN CONSTRUCTION CEASED. AND IT'S THAT HAS SAT DORMANT, UM, FOR QUITE SOME TIME. THANK YOU. 
          SO YOU'RE. NOW LOOKING. 
          TO INCREASE THE SCOPE OF THE PROJECT. 
          OVER. NO, NO, NO, WE'RE JUST LOOKING. 
          THIS LOOKS LIKE A TWO AND A HALF STORY BUILDING, NOT A THREE STORY BUILDING. THIS IS A THREE STORY. THIS IS EXACTLY WHAT WAS APPROVED UNDER THE BUILDING PERMIT AND PREVIOUSLY SUBMITTED. SO THE FOOTPRINT WOULD REMAIN THE SAME AS WHAT YOU HAVE HERE. CORRECT. WHICH IS WHAT WAS PREVIOUSLY APPROVED. THERE ARE NO CHANGES FROM THE ORIGINAL APPROVALS TO THE BUILDING, TO THE SITE. UM, PROPOSED. UM, HERE TODAY. JUST WE'RE JUST LOOKING TO COMPLETE THE 
          [00:50:05]
PROJECT. AND IS THIS THE SAME OWNER BUILDER FROM 22? NO, THIS IS A NEW, UH, MY CLIENT WHO'S HERE TODAY. UM, VAL, HE'S LOOKING TO PURCHASE THE PROPERTY AND COMPLETE THE PROJECT. 
          OKAY. DO YOU NEED TO GET ANOTHER? UM, A NEW SITE PLAN? NO. SO, UH, IT WAS PREVIOUSLY, UH, BEFORE PLANNING BOARD FOR STEEP SLOPES. UM, THE STEEP SLOPES ARE FOR THE RETAINING WALL AREA IN THE BACK. THAT CONSTRUCTION IS ALREADY COMPLETED. SO STEEP SLOPES IS, UM, WORK IS COMPLETED. SO PLANNING. WE DO NOT HAVE TO GO BACK BEFORE THE PLANNING BOARD. UM, JUST BEFORE YOU. AND THEN, OF COURSE, BACK TO THE BUILDING. 
          HAS ANYTHING CHANGED BETWEEN 2022 AND NOW? THE ONLY THING THAT HAS CHANGED, UM, IS THE ZONING DISTRICT. OKAY. 
          ARE THERE ANY DIFFERENCES IN THE ZONING DISTRICT THAT WE NEED TO BE AWARE OF THAT WOULD IMPACT THIS. 
          , OR THE CURRENT ZONING WOULD NOT PERMIT THE STRUCTURE? OKAY. AND THE. 
          PREVIOUS ZONING. DID THE PREVIOUS ZONING DID IT ALLOWED, UM, MULTIFAMILY? UM, THE NEW ZONING, WHICH IS A LIMITED TWO FAMILY, DOES NOT. AND IT SEEMS THAT THE OTHER STRUCTURES AROUND THIS STRUCTURE ARE SINGLE FAMILY HOMES. THERE IS A MIX. UM, THERE'S A SINGLE MULTIFAMILY, UH, TWO FAMILY IN MOST OF THEM ARE ARE TWO FAMILY LIMITED, TWO FAMILY. WHICH IS WHY THE ZONING DISTRICT WAS CHANGED. IT WAS PREVIOUSLY THE YOU ARE DISTRICT. UM, SO THAT IT DID ALLOW MULTI FAMILIES UM THROUGHOUT THE DISTRICT DEPENDING ON THE THE LOT SIZE. 
          UM, BUT SINCE THEN THE THE ZONING CHANGED AND THEY'RE JUST TRYING TO RENEW THE VARIANCE TO CONTINUE THE CONSTRUCTION OF THE, THE I THINK IT'S FOR FAMILIES. 
          IT'S FIVE IT'S FIVE UNITS. IT'S NOT UH, A MULTIFAMILY PER SE. 
          THEY'RE GOING TO BE CO-OPS AND SOLD AS SEPARATE SINGLE FAMILIES. SO IT'S NOT, UH, IT'S NOT A MULTIFAMILY STRUCTURE. 
          UM, IT'S THEY'RE GOING TO BE SINGLE FAMILY CO-OPS. 
          IT'S CONSIDERED A FIVE FAMILY ATTACHED STRUCTURE. 
          AND THEY DON'T NEED ANOTHER VARIANCE FOR. THAT BECAUSE THE ZONING CHANGED. IF THE IF THE BOARD IS CONSIDERS THAT THEY'RE JUST YOU'RE JUST RENEWING THE PREVIOUS VARIANCE. THAT AND NOT DISTURBING IT AND JUST RENEWING THE THEIR EXTENSION OF TIME SINCE THEY'RE NOT MODIFYING ANYTHING ON THE ORIGINAL CONSTRUCTION. UM, OTHER THAN CONSTRUCTING WHAT WAS ALREADY APPROVED, IT JUST EXPIRED BY TIME LIMITATIONS. UH, I DON'T SEE THAT IF THE BOARD DETERMINES THAT BASED ON THE CURRENT ZONING, IT'S NO LONGER PERMITTED. THEY WOULD NEED TO COME BACK FOR USE. VARIANCE. 
          OKAY. THANK YOU. I'M. I'M CONFUSED. FROM YOUR PERSPECTIVE, THIS IS A DO OVER. YOU JUST WANT A VARIANCE TO EXTEND THE THE YOU TO EXTEND THE PRIOR VARIANCES. BUT THE ISSUE THAT MISS GARRITY RAISED IS THAT THE ZONING LAW CHANGED WHEREBY THE STRUCTURE WAS LEGAL UNDER THE OLD ZONING LAW, BUT NOT UNDER THIS. THE PRESENT ZONING LAW. SO, LIZ, IS IT YOUR THEORY THAT IT WOULD RELATE BACK. 
          WHAT THE APPLICANT HAS PRESENTED IS THEY ARE REQUESTING THE BOARD TO CONSIDER RENEWING THE PREVIOUS VARIANCES. OKAY. 
          IF WE DON'T, THEN THEY'D HAVE TO HAVE A USE VARIANCE. 
          RIGHT. SO WE'RE JUST YEAH. AGAIN WE'RE JUST TRYING TO WE'RE JUST RENEWING THE UM THE OLD VARIANCES THAT WERE GRANTED IN ORDER TO COMPLETE THE PROJECT AS ALREADY DESIGNED AND PREVIOUSLY APPROVED. SINCE WE'RE JUST BEING ASKED TO CONSIDER THE VARIANCES. THAT. 
          WERE ALREADY GRANTED. CAN YOU JUST GIVE US A QUICK SYNOPSIS AS TO WHY THE VARIOUS GRANT VARIANCES WERE GRANTED IN THE FIRST PLACE? UM, WHY THEY WERE REQUESTED? SO THE FOR THE HEIGHT, UM, THERE'S A HIGH WATER TABLE. UM, SO THAT'S WHY INSTEAD OF HAVING A, UM, BASEMENT LEVEL, UM, IT'S ON GRADE. THE THE BOTTOM FLOOR IS, UH, SOLELY FOR A GARAGE SPACE AND STORAGE. UM, AND ONLY THE TWO FLOORS ABOVE ARE BEING USED. SO INSTEAD OF HAVING A TWO, INSTEAD OF BEING ABLE TO HAVE A TWO AND A HALF, UM, IT HAD TO BE RAISED AND ON PILES FOR THE HEIGHT. UM, FOR THE BACK. THE PLANNING BOARD ACTUALLY REQUESTED THAT THE, UM, THAT THE PROPERTY BE MOVED TO THE BACK FOR DRIVEWAY, UM, FOR THE DRIVEWAY REASONS, THE 
          [00:55:01]
DRIVEWAYS IN THE FRONT, IF YOU IF YOU COULD GO BACK TO THE PREVIOUS DRAWING, PLEASE. UM, IT USED TO BE, IT USED TO BE FURTHER UP AND, UM, NOT REQUIRING THAT REAR VARIANCE, BUT, UH, AS A PREVIOUS REQUEST BY THE PLANNING BOARD, THE BUILDING WAS MOVED BACK FOR THAT DRIVEWAY. 
          OKAY. AND JUST THIS HAS ALL BEEN SITTING OPEN LIKE THIS FOR FOUR YEARS. CORRECT? CORRECT. UNDER THE PREVIOUS. 
          AND THERE'S NOTHING THAT HAS TO BE REDONE BECAUSE OF THAT. 
          SO NO, IT HAS BEEN INSPECTED. THE FOUNDATION, THE STEEL STRUCTURE IS ALL IN GOOD CONDITION. BUILT PER PLANS. UM, SO IT'S JUST, UM, PRETTY SEAMLESS TO, TO CONTINUE THE PROJECT. AND JUST FOR POINT OF CLARITY FROM THE LAST APPROVAL OF THOSE VARIANCES, THIS PROPERTY HAS TRANSFERRED TWO HANDS OR ONE FELL. 
          IT WAS, UH, YEAH, HE COULD SPEAK MORE TO THAT. UH. 
          JUST PLEASE GIVE US YOUR NAME WHEN YOU COME UP. 
          MY NAME IS VAL AND NIKKI. THANK YOU SO MUCH FOR YOUR TIME. AND THANK YOU FOR A GREAT PRESENTATION. I AM, UH, PURCHASING PURCHASING FROM A. THERE ARE TWO PARTNERS. 
          INITIALLY, THE REASON WHY THE PROJECT STOPPED IS BECAUSE ONE OF THEM DIED. FORTUNATELY. AND THE PROJECT HAS BEEN THERE FOR A COUPLE OF YEARS. WE. THE GOAL HERE IS LIKE TO FINISH. LIKE JONATHAN SAID, WE'RE NOT CHANGING ANYTHING. CURRENTLY, THE PROJECT SERVES NO PURPOSE TO THE COMMUNITY. IT DOESN'T LOOK GOOD. UH, WE HAVE DONE PROJECTS IN THE AREA AS WELL, AND WE HEAR FROM THE NEIGHBORS SAYING THAT WHEN IS THIS PROJECT IS FINISHING? BECAUSE IT DOESN'T LOOK GOOD AND IT, UH, IT DECREASES THE VALUE OF OTHER PROPERTIES AS WELL. 
          AGAIN, HOPEFULLY YOU CAN TAKE THIS ON CONSIDERATION AND APPROVE IT. BECAUSE IF THIS IS NOT APPROVED, WE HAVE NO INTENTION TO MOVE FORWARD. AND I DON'T THINK ANYBODY ELSE WILL DO ANYTHING WITH THIS PROJECT WITH THIS STRUCTURE. SO JUST BE THERE. UNFORTUNATELY, AND WE'RE NOT CHANGING ANYTHING. I WOULD IF WITH YOUR PERMISSION, BECAUSE I ASK MR. SKARLATOS TO STAY AFTER HIS OTHER PRESENTATION. HE'S THE ONE WHO DID THE PROJECT INITIALLY, SO HE CAN ALSO GIVE SOME FEEDBACK AS WELL. BETTER THAN ANYBODY ELSE HERE. 
          OKAY. SO AGAIN, I'LL JUST RAISE MY QUESTION AGAIN. JUST VERY SIMPLY, SINCE THE LAST APPROVAL, HOW MANY TIMES HAS THE PROPERTY CHANGED HANDS? UM, IN THE NEXT ONE, NOBODY ELSE. SO UPON YOUR PURCHASE, THE APPROVALS WERE INTACT? YES. 
          I. MAY. 
          NO. I. 
          THINK THAT'S CORRECT. I DON'T THINK. 
          HE HASN'T PURCHASED YET. NO, NO. 
          NO, IT'S BEEN THE SAME OWNER SINCE THE LAST. SO HE IS NOW PURCHASING. THE PURCHASE, AND HE. 
          WOULD BE THE SECOND. HE WOULD THE. 
          FIRST TIME. YEAH. 
          SO. SO I BELIEVE TESTIMONY THAT WAS GIVEN IS THAT THERE HAS BEEN TWO EXTENSIONS TO THE ORIGINAL VARIANCE. 
          PROBABLY THE PREVIOUS OWNER, AND ASK FOR AN EXTENSION. OKAY. 
          THAT'S CORRECT. DO YOU MIND. 
          SORRY, AMELIA DESIGNS BUILDING. HE DID THE ORIGINAL APPROVALS FOR THE PREVIOUS OWNER SO HE CAN SPEAK TO. 
          THE CHIEF BEFORE HE SPEAKS. CAN I ASK A QUESTION OF THE ATTORNEY? DOES A POTENTIAL OWNER HAVE STANDING TO MAKE THIS TYPE OF REQUEST? YES. OKAY. THANK YOU. 
          UH, EMILIO. ESCALADES. ESCALADES. ASSOCIATES. IT'S REALLY SAD TO SEE THE BUILDING. AS YOU PROBABLY HAVE SEEN IT FOR YEARS. WAITING FOR A RESOLUTION. UH, YOUR QUESTIONS ARE RIGHT ON TARGET. YOU WANT TO KNOW WHAT THE HISTORY IS OF THE FAVORS THAT THE PREVIOUS BOARDS HAVE DONATED TO THE PREVIOUS OWNERS? AND THAT LAST QUESTION IS THE KEY. THE PERSON THAT BUILT THE STRUCTURE THAT IS PRESENT, INHERITED FROM THE ORIGINAL APPLICANT, WHO WAS GIVEN ALL THE REQUIRED SETBACKS AND VARIANCES BECAUSE OF THE NEED OF THE NEIGHBORHOOD, THE COMMUNITY, TO GET THAT PROJECT STARTED BEFORE THE LAWS CHANGED, THE ZONING CHANGE, IT WAS AGREED BY THE LAST PURCHASER TO HURRY UP, BUY IT, THEREFORE GAINING THE RIGHT TO MAINTAIN THE EASEMENTS AND FAVORS TO THE LAND THAT WAS ISSUED. THEY THEY UNKNOWINGLY BOUGHT THE DRAWINGS, WHICH ARE EXCELLENT, WERE THE BASIS OF THE APPROVALS OF THE GEOMETRY OF THE DRAINAGE OF THE FOOTPRINT OF THE COVERAGES OF THE GREEN SPACES. AND BECAUSE OF THE SIMILAR QUESTIONS THAT YOU JUST ASKED FROM THE NEW ENGINEER, THESE WERE VERY PRECISE VARIANCES THAT WERE GIVEN BECAUSE WE WANTED THAT 
          [01:00:03]
KIND OF QUALITY BUILDING BUILT IN THAT AREA. IT WAS ALL A COMMUNITY EFFORT BACK THEN. UM, THE QUESTION OF THE VALUE OF THAT BUILDING, SINCE IT'S SO WELL BUILT, THAT IS VERY WELL BUILT. ALBANIAN STRUCTURE BEYOND EVERYTHING IS CONCRETE AND THERE IS AN ADDITIONAL STEEL FRAME THAT HAS TO BE WORKED OUT WITH THE NEW BUILDING DEPARTMENT, BECAUSE THAT'S NOT THE ORIGINALLY APPROVED DESIGN, BUT IT DOESN'T MATTER. I GAVE A LETTER TO THEM SAYING THAT THAT STEEL FRAME IS TOTALLY ADEQUATE FOR THE STRUCTURE, AND I WOULD BE WILLING TO SIGN OFF ON IT AND DESIGN THE WOOD WITH THE STEEL FRAME. BUT THAT'S A FORTHCOMING ISSUE. IF WE'RE SUCCESSFUL OR IF THEY'RE SUCCESSFUL. I'M NOT INVOLVED IN THE PROJECT ANYMORE. UM, BUT I'M AT THEIR DISPOSAL IF THEY NEED ME. UM, SO IN YOUR MINDS, THE QUESTIONS ARE CLEAR. YOU ARE SAYING, IS THIS A THIRD OR A FOURTH INHERITOR OF THE PROJECT? NO, THE GENTLEMAN, THE PARTNERSHIP THAT WAS THERE, ONE OF THEM DIED AND THE OTHER PERSON SIMPLY DECIDED TO FINANCIALLY DO AWAY WITH THE PROJECT OR WHATEVER. I DON'T KNOW THE REASONS, AND IT'S SAD. FOR A WHILE, UH, THERE WAS AN ESTATE ISSUE PAYMENT. WHATEVER IT WAS, IT WAS IT WAS SOMETHING THAT REQUIRED THAT AMOUNT OF TIME BECAUSE OF THE UNTIMELY DEATH. 
          AND THEN THE PROJECT BECAME AVAILABLE AND THESE GENTLEMAN STEPPED UP AND AND THERE'S A VERY NICE DRAWING OF THE ELEVATION FRONT. DO YOU HAVE THAT? NO, THAT WAS THAT WAS MY QUESTION. AND AGAIN, UM, THERE'S NO NEED TO REALLY OVER ELABORATE THE NEED FOR AFFORDABLE HOUSING AND THINGS OF THAT NATURE. NO, IT WASN'T AFFORDABLE. IT WAS GOING TO BE SOLD. I'M A PROPONENT FOR WHERE THE PROJECT IS. THE QUESTION THAT'S BEFORE US RIGHT NOW, AND I'M JUST TRYING TO ESTABLISH A TIMELINE THAT, DUE TO THE ZONING LAW CHANGE, CERTAIN SCHOOL DISTRICTS STILL HAVE SPEED LIMIT TO 15 MILES AN HOUR. OTHERS MAY HAVE 20. WHEN THE LAW CHANGES. IF I VIOLATE THAT LAW, THEN I HAVE TO MAKE A JURISDICTIONAL VOTE. A DECISION BASED ON WHAT THE RULES ARE. SO THAT'S WHY I'M TRYING TO ESTABLISH A TIMELINE. THAT'S ALL I WAS ASKING. THANK YOU. ALL I CAN OFFER TO THAT IS THAT THE THE THE THE THE BUILDER OF THE PROJECT INHERITED ALL OF THE FAVORS AND ALL OF THE VARIANCES, AND AND THEY ARE HOPING THAT THAT IS EXTENDED. BUT BECAUSE OF THE TIME OR THE NEW OWNERSHIP, I THINK THIS IS WHY WE NEED TO GO THROUGH THIS WHOLE NEW BLANKET OF APPROVALS. AND THAT'S THAT'S WHERE REPEATING, IN ESSENCE, SO WHAT WE ASK. 
          YOU'RE ACTUALLY SAYING EXACTLY WHAT I'M SAYING. SO TO GO THROUGH THOSE LEVELS OF APPROVALS, THE BENCHMARK WILL UNFORTUNATELY BE WHAT THE NEW RULINGS ARE. THANK YOU. 
          THAT'S IT. SO THIS GENTLEMAN. 
          ONE SECOND, PLEASE. I THINK LIZ BUILDING HAS SOMETHING THAT THEY'D LIKE TO OFFER. SO I JUST WANT TO GIVE THE HISTORY OF THE PROPERTY, UM, GOING BACK AROUND 2007, THIS PROPERTY WAS A BOARDING HOUSE AND HAD A MASSIVE FIRE AND WAS DEMOLISHED IN 2014. THE NEW OWNER, THE SAME OWNER THAT OWNED THE BOARDING HOUSE, WENT TO THE ZONING BOARD AND OBTAINED A VARIANCE TO DO THE FIVE FAMILIES THAT EXPIRED BY TIME LIMITATIONS AND WAS NEVER BUILT. IN 2021, ANOTHER OWNER CAME IN, FILED FOR A PERMIT FOR THE FIVE FAMILIES THAT WAS THEN ISSUED IN 2022 AS FIVE SEPARATE BUILDINGS. THE VARIANCES WERE GRANTED. IT STARTED CONSTRUCTION AND AS EMILIO AND THE APPLICANTS HAVE DESCRIBED, UM, IT STALLED BECAUSE OF THE SITUATION. THANK YOU.. 
          I HAVE A QUESTION. IS THIS GENTLEMAN THE CONTRACT, VENDEE, OR IS HE TITLE OWNER. ON THE CONTRACT? OKAY. THE LAST VARIANCE I READ ABOUT HERE WAS FROM 2014. HOW HOW DID BUILDINGS START IN 2021? THEY RENEWED THE VARIANCES AFTER IN 2021. 
          VARIANCES ARE FOR A YEAR. RIGHT. 
          SO THE VARIANCE IS LAST FOR THE LAST APPROVAL REQUIRED FOR A BUILDING PERMIT. IN 2014. THEY GOT THE BUILDING PERMIT BUT THEY NEVER CONSTRUCTED. SO THE VARIANCE EXPIRED. THAT REQUIRED THE NEXT OWNER TO REAPPLY AND GO BACK TO THE ZONING BOARD, SEEK A NEW VARIANCE, WHICH THEY DID. AND THEN THEY STARTED CONSTRUCTION THAT HAD THEN LAPSED. UM, A FEW YEARS AGO, AND IT JUST HAD THAT DORMANT, WHICH IS REQUIRING THEM TO COME BACK TO THE BOARD TO SEEK THE APPROVAL, BECAUSE IN THIS INSTANCE, UNLIKE THE 2014, UM, THEY ACTUALLY STARTED CONSTRUCTION, WHEREAS IN THE 2014 CASE THEY DID NOT. 
          BUT WE ARE THE THIRD ZONING BOARD HEARING THE SAME FACTS, CORRECT? YES. EXCEPT FOR WHAT HAS CHANGED BECAUSE THE ZONING HAS CHANGED. THAT'S CORRECT. OKAY. THANK YOU. 
          I SHOULD ALSO MENTION THAT ALL THE DRAINAGE IMPROVEMENTS HAVE 
          [01:05:03]
BEEN MADE AND INSPECTED BY THE BUILDING. THE ENGINEERING DEPARTMENT, WHICH IS ONE OF THE KEY THINGS IN THAT LOT, IS VERY SPECIFIC. ALL THE REQUIREMENTS. AND IT HAS BEEN BUILT AND IT HAS BEEN APPROVED. THANK YOU, MISS SALATA, BECAUSE THAT'S NOT WHAT'S BEFORE US. SO IT'S IMPORTANT TO UNDERSTAND AND KNOW THAT, YOU KNOW, IT'S A SOUND STRUCTURE. WE'RE OKAY WITH THAT. THE SIMPLE ISSUE OF FACTS BEFORE US NOW, AS I WAS STATING, IS THAT ON THIS NOW BEING THE THIRD OCCASION, VARIANCES HAD BEEN APPROVED, WHICH EXPIRED FOR WHATEVER THE MATTER MIGHT BE. AND NOW THIS IS THIRD BITE AT THE APPLE FOR US NOW TO ISSUE VARIANCES ONCE AGAIN AFTER A ZONING CHANGE HAS OCCURRED. THAT IS SOMETHING THAT WE AS A BOARD NOW HAVE TO CONSIDER. HOW WE APPROACH THAT. THAT WAS SIMPLY THE QUESTION I WAS RAISING. NO, I UNDERSTOOD I MEAN, YOU WANT YOU DON'T WANT TO GIVE THESE VARIANCES OUT WITHOUT THIS PROJECT BEING SOUGHT THROUGH. AND MY CLIENT IS NOT GOING TO INVEST THIS KIND OF MONEY INTO IT WITHOUT THAT INTENT. I'M SORRY. I CAN'T HEAR YOU. 
          CAN YOU SPEAK INTO THE MICROPHONE, PLEASE? SORRY. SO I LIKE I SAID, UM, I MEAN, YOU WANT TO GIVE OUT THESE VARIANCES ONLY LIKE WITH THE INTENTION THAT THIS PROJECT IS COMPLETED. YOU DON'T WANT TO JUST KEEP HANDING OUT VARIANCES, ESPECIALLY WITH THE CHANGE. I COULD ASSURE YOU THAT MY CLIENT HAS EVERY INTENTION OF INVESTING THIS KIND OF MONEY INTO THIS PROJECT IN ORDER TO COMPLETE IT, AND I THINK HE COULD SPEAK TO THAT AS WELL. UM, AND YEAH, AS YOU MENTIONED BEFORE, I MEAN, IF WE CAN'T GET THE VARIANCES, HE'S NOT AT ALL INTERESTED IN THE PROPERTY. SO IS THE PLAN TO COMPLETE THIS PROJECT? YES. IF THIS BOARD WERE TO, UM, DECIDE TO SAY YES TO THE VARIANCES. YES, ABSOLUTELY. 
          UM, AND IN WHAT TIME FRAME? ABSOLUTELY. 
          WE INTO THE MICROPHONE, PLEASE. WE HAVE THE LLC SPECIFICALLY FOR THIS PROJECT. WE HAVE THE MONEY THERE. WE CAN ALSO SHOW THE BANK STATEMENT IF NECESSARY. THE MONEY IS THERE. 
          WE'RE JUST WAITING FOR THE APPROVAL AND START THE BUILDING. SO THE GOAL IS TO COMPLETE BY JULY. AUGUST. 
          EVERYTHING IS LINED UP. AND AS I SAID EARLIER, WE'LL DEFINITELY MAKE THE STREET AND NEIGHBORHOOD LOOK BEAUTIFUL. 
          WE'LL BRING THE VALUE, WE'LL PUT MORE TAX MONEY TO THE THE GREENBERG. AND THERE ARE SMALL CONDOS WILL BE SOLD AS A CONDO. 
          SO WE'RE NOT OVERCROWDING THE SCHOOLS OR ANYTHING LIKE THAT. 
          SO JULY AND JULY AND AUGUST OF 2027. 
          YES. I WAS ON THE BOARD WHEN YOU WHEN THIS PROJECT INITIALLY CAME BEFORE IT, UM, AND I REMEMBER THE CONDITION OF THE SITE, UM, AND IT WAS, AT LEAST IN MY MIND, UM, ONE OF THE REASONS WHY I WANTED THIS TO GO FORWARD, BECAUSE IT WOULD HAVE MADE A TREMENDOUS IMPROVEMENT TO THE COMMUNITY. THAT'S WHY I'M ASKING THE QUESTION NOW, UM, IF THIS IS IF THERE IF THIS IS AN EXTENSION, IS THIS JUST TO LET IT GO ON FOR ANOTHER NINE, TEN, 14 YEARS? NO, THIS IS A THIS IS A NEW OWNER.. 
          INTO THE MICROPHONE, PLEASE. SORRY. THIS IS A NEW OWNER. UM, INVESTING MONEY INTO IT. I MEAN, NOT JUST NOT TO JUST SIT THERE FOR ANOTHER FEW YEARS. HIS FULL INTENTION IS TO COMPLETE THE PROJECT. UM, AS PREVIOUSLY DESIGNED. 
          AND THE PREVIOUS, PREVIOUS OWNER WOULD FINISH THIS PROJECT AS WELL. BUT UNFORTUNATELY, HIS PARTNER, MONEY GUY, DIED, SO THAT'S WHY WE'RE HERE NOW IN THE PICTURE. SO I KNOW THEM. 
          FIRST OF ALL. SO DO YOU HAVE A CONTRACTOR LINED UP OR ARE YOU GOING TO SELF CONTRACT. 
          CONTRACTORS UNDER THIS? FINE. OKAY. 
          THANK THE GENTLEMAN THAT'S GOING TO BUILD IT. IF WE ARE SUCCESSFUL IN THIS IS ALREADY FINISHED. BUILT. UH HE FINISHED THE HOUSE. IT'S FOR SALE HOPEFULLY WITHIN A WEEK. UH, WITHIN A COUPLE SOLD ALREADY. SO IN OTHER WORDS, HE'S INVESTING IN. AND HE BELIEVES IN THE NEIGHBORHOOD. AND HE'S BEEN SUCCESSFUL. AND HE WHILE HE WAS DOING THAT HOUSE, HE SAW THE PROJECT AND HE FELL IN LOVE WITH IT. AND HE SAID, LET'S LET'S TRY TO DO IT. SO THESE APPROVALS ARE IMPORTANT. AS AS THE GENTLEMAN JUST SAID, IT IS SO IMPORTANT TO THAT NEIGHBORHOOD. IT'S EVERY TIME, EVERY TIME WE DRIVE BY IT, WE, WE, WE ALWAYS ASK, WHEN IS THIS GOING TO BE FINISHED? I ALWAYS ASK THAT. BUT THE FINANCES DIDN'T COME THROUGH. NOW WE HAVE THAT OPPORTUNITY. AND AND AS YOU SAID, THE SITE WAS EXTREMELY DIFFICULT AND AND THE QUALITY OF THE CONSTRUCTION, I KEEP SAYING EVERYTHING IS DONE BECAUSE MY DRIVE, OF COURSE, IS AS THE ARCHITECTURE, THE QUALITY OF THE FOUNDATION, THE STRUCTURE THAT IS ALREADY IN PLACE IS ABOVE ANY OF THE OTHER STRUCTURES THAT I'VE BUILT IN THAT AREA OR ANY AREA. IT'S ALL REINFORCED CONCRETE, FIRST FLOOR AND FLOOR. SO WHOEVER 
          [01:10:02]
BUYS THAT, AND I'M CONSIDERING MAYBE BUYING ONE OF THEM BECAUSE IT'S AN EXCELLENT DESIGN. IT'S A BEAUTIFUL DESIGN. IT HAS OPEN FLOOR. YOU WILL LOVE IT. AND IT'S A IT'S JUST A GOOD, GOOD, GOOD PROJECT FOR THE NEIGHBORHOOD. AND WE'RE STUCK HERE.. AND MR. LEWIS, UH, JUST I'M NOT SURE IF THIS HELPS. IT COULD HELP, BUT TO SHOW THAT WE ARE SERIOUS, WE HAVE BUILT SINGLE FAMILY HOMES AND WARREN AVENUE AS WELL. THEY'RE COMPLETED LAST YEAR, 209 AND 215 WARREN AVENUE. SO IF WE START SOMETHING, WE'LL DEFINITELY FINISH IT. I'M NOT SURE IF YOU GUYS ARE AWARE OF THOSE HOUSES, BUT. I JUST WANT TO MAKE A CLARIFICATION. FOR THE RECORD, WHEN I SPOKE BEFORE, THERE WAS TWO VARIANCES, ONE FROM 2011 AND ONE FROM 2014. THE PLANNING BOARD IS THE ONE THAT EXTENDED THE ORIGINAL SITE PLAN APPROVAL BEFORE IT WAS BUILT. THE ZONING BOARD HAS NOT EXTENDED SINCE 2014. IS THERE ANYONE IN. 
          THE. ONLY IN THE AUDIENCE. 
          OKAY. THANK YOU. 
          THANK YOU, THANK YOU. THANK YOU. 
          THE NEXT CASE IS 2625. 30 WOODS END ROAD. 
          UH. GOOD EVENING. MY NAME IS LARRY BENNETT. UH, PRESIDENT OF LAWRENCE ALLEN HOME DESIGN STUDIO, REPRESENTING, UH, JONATHAN AND BARBARA COHEN. THAT'S YOU. 
          EXCUSE ME. ANYWAY, UM. THE PROJECT YOU HAVE BEFORE YOU, THE PICTURE SHOWN ON THE SCREEN IS A FRANK LLOYD WRIGHT STYLE PRAIRIE HOUSE. THE FIVE SIX HOUSES BUILT IN THIS LITTLE SECTION OF WOODS END ROAD ARE ALL THIS ARCHITECTURAL STYLE. 
          AND OUR MAIN CONCERN WAS TO MAINTAIN THE INTEGRITY OF THE ARCHITECTURE. UM, IF YOU LOOK AT THE NEXT SLIDE. I'M PRETTY SURE IT'S THE HOUSE IN QUESTION. THIS IS OUR HOUSE NUMBER 30. 
          UH, THIS IS TAKEN IN THE WINTER. AS YOU CAN PROBABLY TELL. AND THE NEXT FIVE SLIDES SHOW YOU THE TWO NEIGHBORS TO THEIR SIDE AND THE THREE ACROSS THE STREET. OH, THIS IS THE. IS THAT THE 95? YEAH. 
          THE ONE YOU JUST HAD. OH, IF YOU GO BACK. THE THE HOUSE THAT YOU LOOKED AT BEFORE, THIS IS THE HOUSE WITH THE 7.5FT EXTENSION. IT'S A COMPLETE CONTINUATION OF THE EXACT HOUSE. SO THE ONLY DIFFERENCE IN THE ARCHITECTURE IS ONE WAS 85FT LONG. I'M SORRY, 87.5. AND WE'RE NOW AT LIKE 95FT. UH, WE'RE MAKING ABSOLUTELY NO CHANGE TO THE CHARACTER OF THE NEIGHBORHOOD. AND IF YOU LOOK AT THE FOLLOWING PICTURES, YOU CAN SEE THE OTHER HOUSES. THAT'S NOT A HOUSE. 
          WAS THAT THE SUBJECT HOUSE? I'M SORRY. WAS THAT THE SUBJECT HOUSE FOR WHICH YOU'RE SEEKING THE VARIANCE? I. WAS THAT THE SUBJECT HOUSE? YES. OKAY. YES. 
          BOTH. BOTH THE BEFORE AND AFTER. 
          [01:15:01]
AND YOU'RE THE ARCHITECT? UH, I AM AN ARCHITECTURAL DESIGNER. MY MY PARTNER IS A REGISTERED ARCHITECT. 
          OKAY. YOU'RE LAURENCE BENNETT. I'M SORRY. 
          WHAT'S YOUR NAME? LAURENCE BENNETT. OKAY. 
          THANK YOU. UH, THE NEXT FEW PICTURES ARE PICTURES OF THE FIVE HOUSES SURROUNDING OURS. AND AS YOU SEE, THEY ARE ALL OF THE SAME STYLE. I KNOW THE PHOTOGRAPHS AREN'T VERY GOOD. AND THIS PARTICULAR ONE IS MOST IMPORTANT BECAUSE IT'S 28 WOODS IN OUR RIGHT SIDE. NEIGHBOR. 
          UM, MOST OF THE FRANK LLOYD WRIGHT'S PRAIRIE HOUSES ARE BUILT INTO THE ENVIRONMENT, AND THAT'S WHY SO MANY OF THEM ARE COMPLETELY COVERED WITH TREES. AND IN SOME CASE CASES, UM, HIDDEN BY TREES. UM, OKAY. NEXT. IT'S ANOTHER ONE. OKAY. OH, THAT'S JUST A SLIDE SHOWING THAT ALL THESE HOUSES WERE BUILT BETWEEN 1956 AND 1960, OBVIOUSLY, BY THE SAME ARCHITECT, AS YOU CAN TELL. HE MUST HAVE BEEN A MUST HAVE BEEN A PROTEGE OF FRANK LLOYD WRIGHT, USING THE PRAIRIE STYLE BY 7.5FT EXTENSION WILL BE CONTINUING THE EXACT STYLE AND FINISH, INCREASING THE LINEAR SCALE OF OUR HOME TO ENHANCE THE ARCHITECTURAL INTEGRITY. THIS IS THE SORT SHOWING THE RIGHT SIDE OF THE HOUSE, AND AS WE PROJECT IT, THE 7.5FT, THE APPEARANCE WILL BE EXACTLY THE SAME. OKAY, THE FOUR FOOT FLYING GABLE, THE TRANSOM WINDOWS, THE TRIANGULAR TRANSOM WINDOWS TO AVOID HAVING LOOKING DIRECTLY ON TO THE NEIGHBOR'S HOUSE. OKAY. UM. THE OTHER OPTIONS. THIS IS THE, UH, THIS IS THE UNDERSIDE. BUT CAN WE SHOW THE, UH, REAR? THIS IS THE REAR ELEVATION FROM THE BASEMENT ELEVATION TO THE REAR YARD IS A TEN FOOT DROP. THIS SIDE NOT AS STEEP AS THE RIGHT SIDE, BUT YOU CAN SEE THE PROJECTION ON THE SCREEN. UM, THAT'S A CANTILEVERED LIVING ROOM AND CREATES A LITTLE FOYER UNDERNEATH WHERE THEY HAVE A TV AND A FIREPLACE, ETC.. UM, BUT YOU CANNOT BUILD ANYTHING ON THE GROUND THERE. IT'S GOING TO BE FLYING IN THE AIR. UH, THE NEXT SLIDE. THAT'S YOUR THAT'S YOUR VIEW. THE SIDEWALK THERE GOES TO A STAIRCASE AND STARTS TO STEEP DECLINE. AND THAT'S 80IN FROM THE HOUSE. AND IF WE WERE TO BUILD THERE, IT WOULD BLOCK ALL OF A SUDDEN FROM GOING TO THE UNDERSIDE OF THE CANTILEVER. AND IF WE BUILT IT ANY FURTHER THAN THE 80IN, WE WOULD HAVE A TEN FOOT FOUNDATION VISIBLE. UH, NEXT SLIDE. THESE THOSE ARE THE STEPS LEADING UP TO THE RIGHT REAR. NEXT. AND THOSE ARE THE STEPS COMING DOWN FROM THE LEFT SIDE REAR, WHICH IS MUCH STEEPER. UH, NEXT SLIDE. THAT'S THE TOP PORTION OF THE LEFT SIDE. AND AS YOU CAN SEE IT DROPS OFF THREE FEET FROM THE HOUSE. SO AGAIN, THERE'S NO WAY OF COMING OUT WITHOUT CANTILEVER. EVERYTHING. THERE ALSO IS THE ONLY STAIRCASE GOING. OH NO, IT'S THE STAIRCASE THAT GOES TO THE PATIO UNDERNEATH THE CANTILEVER. NEXT. THAT SHOWS YOU THE GRADE AGAIN. VERY STEEP. THE TEN FOOT DROP GOES IN LIKE EIGHT FEET INSTEAD OF, UM, MUCH MORE ON THE OTHER SIDE. NEXT. THE FUNNY THING ABOUT THIS PROPERTY, UH, NOT THAT. 
          ONE. THE OTHER. UH, PUBLIC PLAN. IF YOU LOOK AT 
          [01:20:21]
THE SITE PLAN, THE PORTION THERE USED TO BE A STRAIGHT LINE FROM THE STREET TO THE BACKYARD. UM, THE HOMEOWNER TO THE RIGHT PURCHASED THE PROPERTY. UM, IN 1968. AND WHAT IT CREATED WAS THAT ANGLE. SO THE FACT OF THE MATTER IS, THE PORTION THAT IS ACTUALLY OVER THE SETBACK IS ONLY SEVEN AND A HALF BY TEN FEET. THAT RED LINE THAT YOU SEE. SO THE ENCROACHMENT IS ONLY 37.5FT . OKAY. NEXT. OKAY. THE BOTTOM LINE IS THE THE NEED FOR THE EXTENSION IS, UM, THEY HAVE A VERY TIGHT POWDER ROOM WITH A WASHER DRYER, WHICH IS VERY DIFFICULT TO FUNCTION. AND THEY WANT TO GET A FULL TWO BATHROOMS IN THE EXISTING MASTER BATHROOM IS VERY SMALL AND INCONVENIENT. THE FACT OF THE MATTER IS, WE'RE LOOKING TO GO OUT 11.5FT BY THE HOMEOWNER. AFTER WE DISCUSSED EVERYTHING, AGREED TO GO WITH THE MINIMUM THEY THEY THAT WOULD MAKE IT PRACTICAL WITHOUT DISTURBING TOO MUCH OF THE SETBACK. AND THAT'S WHY WE'RE HERE TODAY. ADDITIONALLY, IF YOU LOOK AT THE BASEMENT, DO WE HAVE THOSE BASEMENT PICTURES? THE BATHROOM? IF YOU GO INTO THE BATHROOM IN THE BASEMENT, UM, YOU HAVE TO WALK UP TWO STEPS. THE BATHROOM, YOU WALK IN AND THEN WALK UP TWO STEPS TO THE SHOWER AND THE TOILET. IT'S A VERY PRECARIOUS SITUATION. AND THAT EXTENDS, UH, INTO A LARGE STORAGE AREA. THE FACT OF THE MATTER IS, OBVIOUSLY WHEN THEY WERE BUILDING THE HOUSE, THEY HAD BEDROCK. UH, THAT WAS IMMOVABLE. OF COURSE, IF WE HAD THAT TODAY, THAT'S THAT'S THE THE BATHROOM. UH, THAT'S A VERY DANGEROUS BATHROOM. UM, SO THE BASEMENT IS JUST VERY SMALL. 
          HOW MANY SQUARE FEET WOULD YOU SAY THE EXTENSION IS IN TOTAL? THE EXTENSION. IT'S A SEVEN AND A HALF BY 24FT. 
          AND I. CAN TELL YOU EXACTLY. 
          IN A MINUTE. 7.5 BY 24. 
          375 SQUARE. I'M SORRY. 
          83.75FT . WHICH REPRESENTS 0.006 OF THE 27,000 SQUARE FOOT PROPERTY. AND OF THAT, IT'S ONLY THE 37.5FT . THAT'S ACTUALLY OVER. YES, BECAUSE OF THE TRIANGULATION ON THE PROPERTY LINE. UM, ADDITIONALLY, THE THE NEIGHBOR MOST AFFECTED BY THIS AT NUMBER 28 ON THE RIGHT SIDE, UM, MY CLIENT AND THAT HOMEOWNER HAVE TALKED AND THEY AGREE THEY DO NOT THEY DO NOT, UH, OBJECT TO THE PROJECT AS WE WILL BE PUTTING LANDSCAPING AND TO PROVIDE, UH, CLOSURE. AND WE WILL WORK DIRECTLY WITH THEM. 
          DO YOU HAVE A LETTER FROM THAT NEIGHBOR? 
          [01:25:03]
I'M SORRY. YES. DO THE. 
          NEIGHBOR. ARE YOU THE NEIGHBOR. OR A NEIGHBOR? OKAY. 
          YES. YOU'LL NEED. TO COME UP. 
          I'M. DOUGLAS, WRITER, 28 WOODLAND ROAD. AND I AM PARTY, ONE OF THE PARTIES OF THE WRITER MARITAL TRUST. WHO OWNS THE PROPERTY? UM, INITIALLY WE WERE VERY CONCERNED BECAUSE THIS EXTENSION COMES RIGHT AT US, AND THERE'S NOT A TREMENDOUS AMOUNT OF SPACE IN BETWEEN THE TWO HOUSES. HOWEVER, UM, I HAD AN IDEA THAT MIGHT ACTUALLY WORK FOR BOTH OF US. UH, WHAT JOHN AND BARBARA AND I HAVE AGREED TO. EXCUSE ME IS TO GET GREEN GIANT TREES IN BETWEEN THE TWO PROPERTIES, AND, UM, THAT WE WERE TRYING TO ARRANGE A FINANCIAL AGREEMENT ABOUT THIS. SO THE TREES WILL GO FROM THE BEGINNING OF THEIR EDITION ALL THE WAY TO THE END OF MY DECK. UH, WE. AND SO THAT WOULD BE AGREEABLE TO ME, UH, BECAUSE IT SHOULD THERE SHOULD BE SOME NOISE ABATEMENT. WE EACH HAVE A POOL. UM, AND WE HAVE GUESTS OVER. AND ALSO, WE WOULDN'T HAVE TO LOOK AT THEIR POOL OR THEIR HOUSE. THESE ARE VERY LARGE TREES. IF YOU'RE NOT FAMILIAR WITH THEM, THEY START AT ABOUT TEN FEET. UH, BUT WHAT I WAS STIPULATE IS, UM, THAT THE TREES BE MAINTAINED IN PERPETUITY. AND PUT INTO EACH OF OUR DEEDS SO THAT A FUTURE BUYER COULDN'T JUST REMOVE THE TREES IF THEY DECIDED TO DO THAT. UH, SO. AND THEN I THINK EACH OF US WOULD BE HAPPY. DO YOU HAVE ANY QUESTIONS? YES. HOW CLOSE? OH, THERE YOU ARE.. IN PROXIMITY TO YOUR DECK OR YOUR HOME. IS THIS EXTENSION. ROUGHLY IN. 
          IN IN YOUR IMPRESSION? IN MY IMPRESSION, IT'S VERY CLOSE. BUT, UM, THE TREES OUGHT TO TAKE CARE. 
          OF IT. MORE THAN TEN FEET. FIVE FEET? WASN'T IT LIKE 12FT? THE PROPERTY. 
          LINE. OF THE POOL? NO. TO HER PROPERTY. FOR HER COMFORT LEVEL IS THEIR PROPERTY LINE. 8.5FT. AT ONE POINT. AND THEN IT'S LARGER. THEN IT GETS LARGER. 
          YES. OKAY. 
          EIGHT AND A HALF FOR 16 ON ONE SIDE. 
          I'M GONNA COMPLAIN THAT YOU'RE NOT ON A MICROPHONE. SO IF YOU JUST SCOOT OVER A LITTLE FOR US. THANK YOU. 
          RIGHT AT THE CORNER, IT'S 8.5FT FROM THEIR PROPERTY LINE. IF YOU COME IN TO THE BEGINNING OF THE REAR, IT'S 16.2FT. OKAY. IF YOU GO TO THE FRONT, THE TEN FEET AFTER TEN FEET, IT'S WITHIN THE SETBACK. SO IT GOES FROM EIGHT AND A HALF TO 19.2. 
          OKAY. WHAT IS THE EXISTING SETBACK FOR THE NEIGHBOR'S HOUSE FROM THE BUILDING TO THE PROPERTY LINE. THE DISTANCE FROM THE NEIGHBOR'S HOUSE TO THE. NO. 
          SO THE NEIGHBOR'S HOUSE, WHICH IS NOT THE SUBJECT HERE, I'M JUST CURIOUS, WHAT IS THE SPACE BETWEEN THE HOUSE AND THE PROPERTY LINE? UH. 
          I'M NOT SURE. THERE WASN'T A. I'M GUESSING. IT'S TWICE WHAT THE OTHER IS. KATHY, WHILE THE LOOKING FOR THAT, WHY AREN'T YOU PULL UP THE, UM, PLAN. 
          THAT WE'RE. TO THE PROPERTY. 
          TO THE. BUILDING, TO THE HOUSE? YES. 
          IT'S 20FT. OVER 20FT 30. YEAH. 
          HERE'S YOUR HOUSE. HERE'S THE. PROBLEM. 
          THERE'S A SWIMMING POOL. COME TO THE MICROPHONE, PLEASE. 
          THIS IS ONE OF THE OTHER PARTIES OF THE WRITER. UH, MARITAL TRUST. MY STEPSON. HELLO, NICHOLAS. 
          WRITER. UH, THERE'S A SWIMMING POOL BEHIND IT. 28 WITHIN ROAD. SO EVEN THOUGH THE BUILDING IS 20FT AWAY FROM THE PROPERTY LINE, SOME AREAS WHERE PEOPLE CONGREGATE AND SO ON ARE CLOSER. SO. 
          [01:30:05]
DID YOU. UNDERSTAND THAT? YES. YOU DID. 
          DO YOU WANT ME TO REPEAT INTO THE MIC? YES, PLEASE. OH, YEAH. OKAY. IF YOU CARE TO. YES, PLEASE. 
          OKAY. UH, THERE'S A SWIMMING POOL BEHIND 28 WOODS AND ROAD AND A DECK. AND SO EVEN THOUGH THE BUILDING IS FAIRLY FAR FROM THE PROPERTY LINE, AREAS WHERE PEOPLE SOCIALIZE AND ALL ARE CLOSER. YEAH. 
          AND I JUST HAD ONE OF THE SIDEBAR QUESTION. I KNOW WE'RE GOING TO GO BACK JUST ONE STEP. AND THAT'S IN REFERENCE TO THAT BATHROOM THAT HAD THOSE ELEVATED STEPS THAT WOULD BE ON THE LOWER LEVEL THAT WE SEE, NOT THE CANTILEVERED PORTION. 
          THE REST OF THE THE BATHROOM THAT YOU SHOWED THAT HAD THE MULTIPLE STEPS IN IT. RIGHT. THAT'S ON THAT LOWER CORNER TOWARDS WHERE THE EXTENSION WOULD BE. 
          I'M SORRY I'M HEARING PROBLEMS. OH, I'M SO SORRY. THE BATHROOM. 
          YES. THE PHOTOGRAPH THAT WAS SHOWN WITH THE STEPS GOING UP TOWARDS THE SHOWER STALL. CORRECT. IS THAT TO THE RIGHT OF THE BUILDING WHERE THE EXTENSION WILL BE? NO, NO, THAT'S IN THE THE EXISTING. UH, WE'RE JUST GETTING THE SPACE THAT WE CAN REPLACE IT ELSEWHERE SO THAT YOU DON'T HAVE THOSE STEPS IN THE BATHROOM. 
          COPY THAT. THANK YOU. THE ENTIRE AREA THAT'S 16IN ABOVE THE FLOOR IS BEING TURNED INTO A STORAGE ROOM. 
          AND WOULD BE WHERE THE WASHER AND DRYER WOULD BE. 
          THE WASHER DRYER IS BEING BROUGHT UPSTAIRS. IF YOU LOOK AT A2, IT'S RIGHT NEXT TO THE THREE PIECE BATHROOM BEFORE THE MASTER CLOSETS. SO OKAY, SO MAYBE THAT'S WHY THE DRAWING IS THROWING ME OFF. AND I HAD TO ASK THE QUESTION REGARDING THE BATHROOM. IF I LOOK AT A2 AND THE SCALE DRAWING TO THE RIGHT. IT SAYS EXISTING AND PROPOSED. AND THIS, IF I'M NOT MISTAKEN, IS A SINGLE STORY STRUCTURE OR WILL THAT BE ABOVE IT? WELL, IT'S A SINGLE STORY STRUCTURE, BUT THE THE BASEMENT IS THE FIRST FLOOR. 
          OKAY. SO THEN WHAT I WAS ASKING IS CORRECT THEN. SO IF I'M LOOKING AT THE SCALE DRAWING TO THE LEFT THAT HAS THE CANTILEVERED LIVING ROOM, ARE THESE NOT TRANSPOSABLE IN A2 OR ARE WE LOOKING AT TWO DIFFERENT ELEVATIONS? I'M SORRY. SAY THAT ONCE MORE. OKAY. 
          I ASKED A QUESTION REGARDING THE SHOWER STALL THAT HAD THE STEPS THAT WENT UP TOWARDS THE SHOWER STALL. YOU SAID THAT THAT WAS ON THE LOWER LEVEL, AN A2. I'M LOOKING AT A RELIEF TO THE RIGHT THAT I WAS ASSUMING WAS GOING TO TRANSPLANT WHAT I'M LOOKING AT TO THE LEFT. BUT YOU'RE SAYING THAT THESE ARE TWO DIFFERENT LEVELS, BECAUSE WHEN I SAID THE WASHER AND DRYER WOULD BE ON THE SAME LEVEL AS THE NEW EXTENSION, YOU SAID NO, THAT'S BEING MOVED TO ANOTHER LEVEL BECAUSE IT SAYS WASHER DRYER. OH, NEXT TO THE. BATHROOM, THE WASHER DRYER. IF YOU'RE AN A2, THE WASHER DRYER IS IN THE POWDER ROOM. AND THAT'S THE CONCERN BECAUSE IT'S JUST TOO TIGHT. UM, AND IT'S BEING REBUILT. THE FULL BATHROOM IS GOING TO BE TAKING THE PLACE OF THE POWDER ROOM AND POWDER LAUNDRY ROOM, AND THEN THE BATHROOM. I'M SORRY. THE NEW THERE WILL BE A NEW THREE PIECE BATHROOM, THEN A SEPARATE LAUNDRY ROOM. 
          OKAY. ON THE ON THE DRAWING THAT YOU SHOWED US, WHERE WHERE THE ADDITION GOES, IT LOOKS TO BE MORE THAN ONE STORY. IT'S A VERY HIGH SPOT THERE. THERE'S NOT SOMETHING BUILT UNDERNEATH THE MAIN FLOOR. 
          I'M SORRY. IF YOU GO TO THE PICTURE WHERE YOU'RE SHOWING YOU, YOU YOU SHOWED US A SIDE VIEW SAYING THAT WE'RE GOING TO EXTEND THIS VIEW AND MAKE IT LOOK JUST THE SAME, BUT TEN FEET FURTHER OVER THAT LOOKS TO BE MORE THAN ONE STORY HIGH EXISTING. WELL, IT'S FROM THE FRONT. IT LOOKS LIKE ONE STORY FROM THE REAR. IT'S TWO STORY. THE BASEMENT REFLECTION. THERE ARE ACTUALLY TWO FLOORS 
          [01:35:01]
THERE. YES. 
          YES. AND EVERYTHING IN THE DRAWING ON A2 IS WHAT'S ON THE MAIN FLOOR, NOT THE LOWER FLOOR. 
          CORRECT. AND WHAT IS CURRENTLY ON THE LOWER FLOOR? THE LOWER FLOOR RIGHT DOWN HAS TWO. THREE BEDROOMS, ONE OF WHICH IS BELOW THE HUD STANDARD. THE ONE IS THE OTHER ONE IS AT THE HUD STANDARD MINIMUM. UM, AND THAT'S WHERE YOU HAVE THE BATHROOM WITH THE STEPS IN IT AND THE STORAGE CLOSET WITH AN ELEVATED FLOOR. 
          AND THEN ON THE RIGHT OF THE STAIRCASE, YOU HAVE A PLAYROOM. 
          PLUS, OF COURSE, THE UTILITY ROOM NEXT TO THE STAIRS. 
          OKAY. THANK YOU. THANK YOU. SO JUST ONE LAST QUESTION FOR ME, AND THEN I'LL REST. SO LOOKING AT THIS DRAWING AT 802, THE PORTION THAT WE'RE LOOKING AT NOW TO THE RIGHT, AS I WAS EXPLAINING, THAT HAS THE DOTTED LINE TALKING ABOUT EXISTING AND PROPOSED THAT PORTION THEN WOULD BE CANTILEVERED OFF OF THE EDGE OF THE PROPERTY. NO, I MEAN, THERE IS A TWO FOOT CANTILEVER. IF YOU LOOK AT THE FOOT, ACTUALLY, YOU'D HAVE TO LOOK AT THE PHOTOGRAPH. UM, THE WHAT YOU WOULD CALL THE FIRST FLOOR CANTILEVERS ABOUT TWO FEET OVER THE BASEMENT, WHICH WE CALL THE FIRST FLOOR. AND THAT WOULD BE THE NEW CONSTRUCTION WOULD BE CANTILEVERED ALSO. 
          YES. OKAY. 
          YES. OUR PART THAT YOU'RE MISSING. 
          OKAY. OKAY. SO OUR INTENT IS JUST TO PULL IT OUT SO THAT WE DON'T. KNOW. 
          MAYBE IN THIS CASE, LET'S SAY THE GROUND LEVEL THAT WE'RE LOOKING AT RIGHT NOW FROM THE FRONT OF THE STREET, IF I WOULD WALK IN THE FRONT DOOR, MAKE A RIGHT, GO DOWN THE HALLWAY, THAT PORTION WOULD BE CANTILEVERED ABOVE WHAT YOU'RE CONSIDERING, THE FIRST FLOOR BENEATH. 
          IT, A TWO FOOT CANTILEVER. YES. OKAY. 
          AND THAT CANTILEVER WOULD BE HOW LONG? OVER HOW LONG? THE OVERHANG OF THE CANTILEVER PORTION. UM, IT GOES FROM THE EXTENDED FROM THE CANTILEVERED LIVING ROOM TO THE END. 
          THE CANTILEVERED LIVING ROOM IS NOT VISIBLE IN THE FRONT OF THE THE FRONT VIEW OF. THE HOUSE. BUT ABOUT 32FT LONG. 
          OKAY. THANK YOU. SURE. ARE THERE ANY QUESTIONS? I HAVE NO FURTHER QUESTIONS. NO. 
          ANYONE ELSE IN THE AUDIENCE? GOOD EVENING. I'M BARBARA COHEN. THE OWNER OF THE PROPERTY, 13, WOULD SAY. UM, THANK YOU ALL FOR BEING HERE. AND, UM, UH, HEARING US OUT. 
          UM, WE BOUGHT THE PROPERTY THREE AND A HALF YEARS AGO, AND JUST ABOUT. AND, UM, THE, UH, WE FOUND THAT WE HAVE THREE 
          [01:40:03]
CHILDREN IN VARIOUS STAGES OF POST-SECONDARY EDUCATION. UH, TWO OF THEM ARE LIVING WITH US NOW. UM, IT'S POSSIBLE THAT ALL THREE COULD BE LIVING WITH US. SO IT'S A FULL HOUSE. THE UPSTAIRS, UH, HAS A POWDER ROOM WITH THE LAUNDRY IN IT. UM, AND SO, UM, UH, THAT'S LESS THAN DESIRABLE, AND IT'S, UH. SO THERE WAS A DIFFICULTY THERE. WE DON'T HAVE MUCH INTEREST IN EXPANDING THE HOUSE, PER SE, BUT SORT OF SHUFFLING THINGS AROUND ENOUGH SO THAT WE CAN, UH, EXIST. UM, AND AND, UH, AND HAVE USABILITY AND THEN AND ENTERTAINING, UH, PEOPLE WHO NEED TO USE THE FACILITIES DON'T HAVE TO ALSO DO THEIR LAUNDRY AT THE SAME TIME. SO THAT WAS ONE CONCERN. THE, UM, SINCE WE FELT THAT BY EXPANDING THE HOUSE JUST A TOUCH IN ORDER TO SHUFFLE THE ROOMS ABOUT TO GET THE, UM, CONFIGURATION THAT WE NEED, WE, UM, THOUGHT THAT WE COULD ALSO CURE THE, UH, UH, CONCERNS OF THE DOWNSTAIRS, WHERE IT'S AN ELEVATED BATHROOM. UM, UH, AND YOU HAVE TO WALK UP TWO STEPS, AND IT'S ALSO, IT'S A LITTLE BOX. AND THAT MIGHT HAVE BEEN OKAY TEN YEARS AGO WHEN THE CHILDREN WERE LITTLE. BUT NOW THEY'RE ALL ADULTS, AND IT'S, UM, IT'S HARD TO MANEUVER. SO, UH, IN ORDER TO GET THE CONFIGURATION APPROPRIATE FOR THE DOWNSTAIRS, IT WAS AN EASY, UM, UH, UH, ANSWER TO IF WE'RE EXPANDING THE UPSTAIRS JUST A TAD TO EXPAND THE DOWNSTAIRS JUST A TAD AND SHUFFLE AROUND THE ROOMS TO ACCOMMODATE. AND THEN THE LAST THING THAT I WILL SAY IS THAT, AND I DON'T KNOW IF WE'VE GONE INTO IT ALL, IS THAT ONE OF THE THREE BEDROOMS DOWNSTAIRS ACTUALLY DOESN'T HAVE A CLOSET? AND ALSO IS WHERE THE, UM, WATER, UH, SOMETHING. YEAH. WHICH KNOCKS AND IS LIKE, UM, UH, I THINK WE. YEAH. UM, UH, THERE UTILITIES ARE THERE IN THE ROOM AND IT'S VERY SMALL. SO IF WE HAD THE OPPORTUNITY, UH, TO, UH, RESHUFFLE THE UPSTAIRS, THEN AT THE SAME TIME, WE CAN MAKE ONE OF THE BEDROOMS IS INCREDIBLY LARGE. IF YOU LOOK IN THE, IN THE ONE IN THE DOWNSTAIRS BEDROOM IS VERY LARGE, AND THE OTHER TWO ARE SMALL, AND WE CAN MAKE THE ROOMS MORE CONGRUENT. AND THAT WAS REALLY THE GOAL OF THE OF THE DOWNSTAIRS PROJECT TO GIVE THEM A PROPER BATHROOM AND TO MAKE THEM ALL BE ABLE TO COEXIST. OKAY. SO SO WHILE YOU'RE THERE, I'LL ASK THIS QUESTION ONCE AGAIN. YES. WHEN I LOOK AT THIS PHOTOGRAPH, AT THIS ELEVATION, THE EXTENSION WILL COVER BOTH THE TOP AND THE BOTTOM. YEAH. THAT THIS TOP PORTION WILL NOT BE CANTILEVERED. IT'LL ACTUALLY BE A COMPLETE REDO OF THE UPPER FLOOR. I DON'T KNOW WHAT TO CALL IT FIRST, SECOND, BUT FROM THE STREET ELEVATION TO THIS PORTION AND TO THIS SECTION, THAT WILL BE ENCLOSED EXTENSION OF SIX FEET, SEVEN FEET, OR WHATEVER THE CASE MAY BE. YEAH. CORRECT. YES. 
          OKAY. SO WHAT I'M SAYING IN A TWO IN THE DOCUMENTATION PROVIDED TO US THAT DOES NOT DEMONSTRATE THE RECONSTRUCTION OF BOTH LEVELS. AND THAT'S WHAT WAS DRAWING THE CONFUSION THAT I'M ASKING. ON A TWO. 
          YEAH. IT ONLY HAS ONE. ONE LEVEL. 
          IF YOU LOOK IF YOU LOOK AT THE DIMENSIONS ON THE SIDE OF A-1 IS 23 FOOT THREE. AND. A-2 IS 246. SO I MIGHT HAVE. IF YOU LOOK AT THE DOTTED LINE ON PAGE EIGHT, ONE, IT SHOWS YOU THE UPSTAIRS. OKAY. 
          SO THEN THAT BATHROOM THAT I WAS ASKING WHETHER IT WAS ON THE FIRST SECOND FLOOR THAT HAS THE ELEVATED LITTLE STEP UP TO THE SHOWER STALL WOULD BE AN A-1. NOT AN A-2. 
          [01:45:10]
CORRECT. THANK YOU. IT IS CONFUSING. 
          THANK YOU. YOU'RE WELCOME. ANY OTHER? ANY OTHER CONCERNS? YEAH. I HAVE A QUESTION FOR THE OWNER. IF YOU COULD. 
          GO. BACK THERE. 
          JUST FOR A SECOND. YOU'VE HEARD THE TESTIMONY OF YOUR NEIGHBOR ABOUT A POSSIBLE AGREEMENT. HAVE YOU DISCUSSED THAT AGREEMENT BEFORE TONIGHT? YES. 
          OKAY. AND YOU ARE AGREEABLE? YES. 
          HAS A PLAN BEEN GENERATED? NO. 
          OKAY. THANK YOU. 
          DO YOU HAVE ANYTHING ELSE? ANYTHING ELSE? THANK YOU. 
          THANK YOU VERY MUCH. I'M SORRY. OKAY. 
          WE'RE DONE. YES. 
          MAY WE TAKE A BREAK? EVERYBODY. MIKE. YES. 
          YES. OKAY. UM. 26. 16. 
          YES. PAUL. HOLD IT, HOLD IT. JUST A MINUTE. UM, BECAUSE WE DO HAVE ONE OF OUR. MEMBERS OF THE OF THE BOARD. NOT HERE. UM, WE'RE GOING TO HAVE, UM, HOWARD. 
          JACOBY. JACOBY. JACOBY? YES. UM, ALSO BE ABLE TO. TO PARTICIPATE. 
          TO VOTE. WELL, HE'S HE'S PARTICIPATED. 
          BUT IN IN WITH RESPECT TO, UH. SORRY. 
          YES. WITH RESPECT TO WHAT WE END UP WITH. 
          SHOULD REALLY BE. DONE WHEN YOU GO BACK ON. 
          THE RECORD. OKAY. THIS IS DELIBERATIONS. 
          YOU KNOW. OH, OKAY. ALL RIGHT. WE'LL DO IT THEN. 
          ALL RIGHT. OKAY. I FORGOT HE WASN'T HERE. I WAS LOOKING THE OTHER WAY. ALL RIGHT. SO WHAT DO WE DO WITH, UH, THE BOWL? DO WE NEED TO. KNIT IT OR NOT? WELL, YOU KNOW, THEY'RE TRYING TO MAKE THIS INTO A. SOMETHING THAT. ALLEGEDLY. THEY WANTED TO. 
          SO NO MATTER WHAT THEY'RE DOING, THIS. THIS IS WHAT THEY'RE SAYING, THAT THE WHY AND THE S. SOMEHOW. SO THEY WOULD HAVE TO DECREASE THE X IF THEY WANTED TO. 
          BUY. YEAH. I MEAN, I THINK. 
          THREE QUARTERS OF AN INCH. I MEAN, YEAH, ONE, THEY'RE 1.5IN OFF ON THE SMALL LETTERS AND, UM, THE PRESENT SIGN IS UGLY. IT IS. IT'S AN EYESORE. AND THEIR SIGN IS MUCH MORE ATTRACTIVE. AND IT'S CLOSE ENOUGH, IN MY. 
          OPINION. LET ME SAY CLOSE ENOUGH IS GOOD IN HORSESHOES AND HAND GRENADES. YEAH. AND IN BOWLING ALLEY SIGNS. SO I, UM. I MEAN, ORIGINALLY 
          [01:50:04]
THEY CAME IN ABOUT READABILITY FROM THE STREET AND THE FACT THAT THERE WAS A VARIANCE GOING FROM SMALLER TO LARGER LETTERS. 
          I WOULD HAVE PREFERRED IF THEY HAD STARTED AT WHAT WAS WITHIN CODE AND GONE TO A LARGER SIDE SIZE PROPORTIONALLY. BUT, UM, I WOULD AGREE THAT FOR ESSENTIALLY AN INCH. I DON'T SEE A NEED TO MAKE THEM GO BACK FOR ONE INCH. AND CHANGE THE SIGN AND BRING IT BACK TO THEM. AND SO. 
          I'M AN INCH AND A HALF. AN INCH AND A HALF. 
          THAT TRUE? OKAY. I WOULD I WOULD BE A YES ON THIS. ALTHOUGH LIKE I SAID, I WOULD HAVE PREFERRED THAT THEY HAD HAD LISTENED TO EXACTLY TO WHAT WE SAID. 
          I CAN'T I CAN'T HELP BUT THINK THAT THEY DID THIS CALCULATION IN THEIR HEAD WHEN THEY MADE THIS PROPOSAL, SAYING, WE CAN GET ANOTHER INCH AND A HALF OUT OF THIS. UM, AND SO THAT'S THAT'S ANNOYING. UM, I DON'T PERSONALLY THINK THE SIGN NEEDS TO BE ANY BIGGER THAN WHAT'S THERE. UH, WHAT'S THERE IS VERY THE THE OLD SIGN IS VERY, VERY, VERY LEGIBLE ANYWHERE FROM IN THAT PARKING LOT. UM, BUT I'M NOT GOING TO I'M NOT GOING TO FIGHT OVER AN INCH AND A. HALF. 
          OKAY. THAT'S WHAT WE NEEDED TO HEAR. 
          DOES EVERYBODY AGREE WITH THAT? YES. ALL RIGHT. YES. 
          AND EVERYBODY THEN AGREES THAT THE SIGN IS THEY ARE PRESENTING IT TO US TONIGHT. IT'S CLOSE ENOUGH TO WHAT WE WERE ASKING FOR LAST MONTH. YEAH. OKAY. YES. 
          I'M TRYING TO SEE IF WE HAVE SOMEONE WHO WANTS TO TAKE IT. 
          I'LL DO IT. OKAY. 
          THANK YOU. ARE YOU GOING TO MENTION HORSESHOES IN YOUR RIGHT? YES. 
          UH, HAND GRENADES? YEAH. I MEAN, AT SOME POINT, IT'S. IT'S SUCH AN EYESORE AS IT EXISTS. WHETHER IT'S AN EXTRA INCH ONE WAY OR THE OTHER, WHETHER IT'S IN ONE WAY OR ANOTHER, IT'S A VAST IMPROVEMENT. SO YOU. GIRLS SECTION. OKAY. 
          I'VE NEVER. NOTICED THE BOLERO. 
          OKAY. ALL RIGHT. 26. 17. OKAY. OKAY. I DON'T. 
          THINK IT'S ON. THIS ONE. WHAT IS THAT? THAT'S OUR FIRST. YES IT IS. 
          OKAY. COOL. COOL. ALL RIGHT. OKAY. 
          I THOUGHT WE. I JUST. 
          WANTED TO MAKE. SURE, WITHOUT ANY OF THE ACRIMONY, I THOUGHT AT THE LAST MEETING, WE APPROVED, WE WERE GOING TO APPROVE THE POLL BECAUSE IT WAS THE ONLY FEASIBLE PLACE TO PUT IT. BUT WE HAD AN ISSUE ABOUT THE DRIVEWAY. NOW, THAT'S BEEN OBVIATED. SO. 
          THERE'S NOTHING. YEAH. 
          I THINK THAT WE HAD EVEN DISCUSSED POTENTIALLY APPROVING THE POOL LOCATION AND THEN REJECTING THE OTHER ONE, AND WE DECIDED TO GIVE THEM AN OPPORTUNITY TO COME BACK. I GUESS WE COULD HAVE DONE THAT AND IT WOULD HAVE HAD THE SAME OUTCOME. YES. 
          UM, I'M OKAY WITH THIS. I'M OKAY WITH. 
          IT. OKAY. ENOUGH THAT THEY WANT TO BRING. IT. 
          NO, I'LL WRITE IT. I'M FINE. I'LL WRITE THIS. 
          ONE UP. YOU KNOW, I DEFINITELY DON'T. 
          WANT. I DID TO THIS. ALL RIGHT, NOW WE GO TO NINE BLUEBERRY HILL ROAD. WHAT WITH THE, UM. 
          FENCE OFFENSE. RIGHT? YES. I WOULD JUST ASK ONE. 
          DID THESE FENCES ARE LATE OR ARE THEY METAL? AND THEN THEY HAVE SOME TYPE OF. RUBBER. 
          RUBBER? YEAH. 
          THEY HAVE. A. HOW LONG? HOW LONG DO THEY LAST? OH. 
          LONG TIME. YEAH. YEAH. 
          VERY LONG. REALLY? YEAH. OKAY. OKAY. 
          ARE WE ON THE FENCE NOW? YES. 
          THE QUESTION THAT I WOULD ASK OF BUILDING IS THE FOLLOWING. 
          [01:55:05]
IF THEY WENT WITH A Y, A TWO FOOT WIRE STRUCTURE ABOVE, WOULD THAT STILL BE CONSIDERED A FENCE? SO YOU'RE SAYING TO PUT A JUST A STRAIGHT WIRE ACROSS A SIX FOOT FENCE, IT WOULD STILL BE CONSIDERED A COMPONENT OF. 
          THE FENCE. MY QUESTION FOR MY REASON FOR ASKING THAT QUESTION, I DID WAKE UP MY WILDLIFE EXPERT ON THE MATTER AND, UM, WHAT HE WROTE IS THAT OBVIOUSLY IN A HIGH YIELD AREA, I'LL READ EXACTLY WHAT HE WROTE. UM, WE'RE GOING BACK AND FORTH FOR A MOMENT. JUST TELL ME, DUDE, WOULD THIS BE A GOOD THING TO DO? HE SAYS THAT IT IS. IT WOULD BE SO TECHNICALLY AS POSSIBLE, BUT UNDER WHAT WOULD BE CONSIDERED RARE AND SPECIFIC CIRCUMSTANCES. OTHERWISE, 6 TO 8FT HAS BEEN THE STANDARD, RECOMMENDED AND PROVEN HEIGHT TO KEEP DEER OUT OF GARDENS OR OFF PROPERTIES. SO HE SAYS, WHAT IS THE SITUATION? I SAID MOST COMMONLY, WHEN DEER UP AND END UP INSIDE HIGH FENCES IS BECAUSE THERE IS A BREAK. THE GATE WAS LEFT OPEN OR THEY SCOOT UNDERNEATH. EVEN ADULTS CAN VERY CAN GET VERY LOW TO WORK THROUGH GAPS UNDER FENCES, ESPECIALLY IF THERE IS A HIGH REWARD ON THE OTHER SIDE. SO I TOLD HIM I'M SITTING ON MY BOARD, HE SAID CALIBRATES ARE A GOOD IDEA. MOST IMPORTANTLY, GREAT IS IF IT IS WIDE ENOUGH THAT THEY WON'T JUMP OVER IT AND THAT THE BARS ARE SPACED FAR ENOUGH APART, THAT THE DEER WILL SEE IT AND ACTUALLY SEE IT AS AN OBSTACLE THAT THEY WOULDN'T WANT TO STEP ON IT. 
          THE EIGHT FOOT IS CERTAINLY THE SAFER OPTION FOR HEIGHT. 
          WHAT ARE YOU READING FROM? I'M READING A DIRECT TEXT FROM MY WILDLIFE EXPERT. SO THE COUNTY DOES HAVE DEER, WILDLIFE EXPERTS WHO WE STUDY AND FOLLOW DEER THROUGHOUT WESTCHESTER COUNTY. OKAY, SO I'M ASKING HIM WHAT HIS OPINION WAS ON THE PARTICULAR MATTER. SO I SAY A LOT TO SAY IS THAT JUST BASED ON WHAT THEY'RE SAYING? AND THE OTHER QUESTION THAT HE DID RAISE WITH ME WAS, WOULD THEY BE WILLING TO PUT UP A WIRE STRUCTURE? HE'S TRYING TO OUTLINE TO ME WHAT SOME OF THE OUTCOMES ARE BY DOING THIS TYPE OF FENCING. THE BIGGEST ISSUE I HAD WITH THE TESTIMONY WAS, WAS WHETHER OR NOT THIS WAS A COMPLETELY ENCLOSED AREA. ON ONE OCCASION THEY SAID YES, OTHER OCCASIONS THEY SAID NO, THERE'S GOING TO BE THE GATE, THERE'S GOING TO BE THE CAL GRADE. I'M NOT CLEAR EXACTLY WHAT IT WAS. SO FOR ALL INTENTS AND PURPOSES, MY KNOWLEDGE BASE OF IT IS A LITTLE BIT DIFFERENT. I WOULD NOT BE IN FAVOR OF IT BASED ON WHAT TO PRESENT IT. 
          I THINK. AGAIN. 
          I WOULD. NOT BE. 
          NO, NO, NOT THAT. WHEN YOU TALKED ABOUT THE OPENING. 
          THAT THE CATTLE GREAT WOULD HAVE TO BE A CERTAIN WIDTH. 
          THAT AND I DON'T I PERSONALLY WOULDN'T KNOW WHAT THAT WAS, BUT SOME EXPERTS PROBABLY WOULD WITH THE WIDTH OF THE CATTLE GRADE WOULD BE THAT THE DEER THEMSELVES WOULD ACTUALLY SEE IT AS AN OBSTACLE. THE POINT BEING IS THAT WE GO THROUGH A VARIANCE OF THIS NATURE, AND IT DOES NOT GIVE THE RELIEF SOUGHT. AND WHY DO IT? UM, SO FOR THE FOR THE FENCE PORTION, WHEN HE SAYS ENCLOSED THE WHOLE AREA, HE, I THINK THE WAY THAT HE TOOK IT QUESTION WAS IT DOESN'T ENCOMPASS THE WHOLE AIR FROM THE WHOLE PROPERTY LINE. 
          IT'S ENCLOSED, BUT. IT ENCLOSED, BUT IT CLOSES THE THE STRUCTURE. WITHIN THE PROPERTY. 
          RIGHT. YEAH. IT DOESN'T COVER THE. 
          WHOLE AND GOES TO THE. HOUSE, BUT. 
          BECAUSE TYPICALLY PEOPLE BOTH FENCES ON THEIR PROPERTY LINE, YOU KNOW, TO MAXIMIZE THEIR AREA. BUT IN THIS CASE HE'S PUSHING IT BACK SO. THAT HE ALSO ANSWERED WHY HE DIDN'T ENCLOSE THE WHOLE PROPERTY. AND THAT WAS BECAUSE OF WETLANDS AND WOODS. SO THERE WAS SOME LOGIC TO WHAT HE WAS SAYING. OKAY. 
          I JUST WANT TO CLARIFY THAT THE VARIANCE THAT'S BEING SOUGHT IS ONLY IN THE FRONT AND SIDE YARDS, THE REAR YARD. HE'S ALLOWED AS OF RIGHT, TO PUT AN EIGHT FOOT FENCE. 
          SO THAT WASN'T CLEAR. EITHER. 
          SO WHY ARE WE HERE. FOR THE FRONT YARD? FOR THE FRONT YARD? OKAY. SO HOW DO WE MAKE SURE THAT THE CATTLE GRADE IS UP TO OPERATING CODE? BECAUSE BEYOND THAT, I DON'T SEE A BIG PROBLEM. WHAT DOES THE. 
          CATTLE.. SO IF. YOU'RE FAMILIAR, I DO HAVE FAMILY IN. A CITY. 
          OF PEOPLE HAVE COWS. SO A CATTLE GRAZING IS SOMETHING THAT YOU WILL SEE ON THE GROUND. AND IT IS A SERIES OF BARS FOR WHICH CATTLE TYPICALLY WILL NOT CROSS BECAUSE THEY'RE AFRAID TO HOOFS, WILL GET CAUGHT IN IT. 
          SO YOU WOULD. SEE THEM. 
          AND THEY HAVE SOME THAT. ROLL RIGHT AT A RANCH OR A BIG FARM. YOU WOULD TYPICALLY SEE THE SUNSET GRAZE. 
          YEP. THAT'S GOING TO BE ACROSS THE DRIVEWAY. YOU KNOW. 
          WE ALLOWED TO PUT THOSE IN. IT'S GOT TO BE IT'S GOT TO BE MORE LIKE THIS ONE WHERE IT'S. ACROSS THE ROAD. YEAH. WHERE THE. SECOND GOES. THE THE HOME. 
          MANY OF YOU HAVE GONE TO CLAREMORE. THEY HAVE HELD GREAT GOING. IN AND OUT. MHM, MHM. 
          THE HOMEOWNER SEEMED TO BE VERY SERIOUS ABOUT WANTING TO KEEP 
          [02:00:04]
OUT CATTLE. SO I MEAN KEEP THE DEER. SO I WOULD THINK THAT THEY WOULD RESEARCH. WELL THEY WOULD TRY TO DO IT RIGHT. 
          THEY JUST NAIL SALON. OKAY. 
          I HOPE HE HAS. ENOUGH TO HAVE. CATTLE THAT'S FOR SURE. 
          THAT HORSES. UM. I'LL JUST SAY I DON'T HAVE A PROBLEM WITH IT. SHOCKING. I DON'T HAVE A PROBLEM. 
          I DON'T THINK I DON'T EITHER. OKAY. 
          I THINK IT'S LIKE, UP IN, YOU KNOW, KATMANDU, UP IN THE MOUNTAINS. THERE. I'M IN. I'M ACTUALLY IN NOW ON THIS ONE. SO YOU GUYS CAN ALL SAY YES. 
          DO YOU WANT TO SAY WHY? WHY ARE YOU SAYING NO AND NO? BECAUSE I DON'T THINK IT'S GOING TO WORK TO KEEP THE DEER OUT AND LIKE, WHAT'S THE POINT OF IT? AND WE'RE SETTING A PRECEDENT THAT SOMEBODY CAN PUT IN AN EIGHT FOOT FENCE WITH REALLY WITHOUT A GOOD REASON. I DON'T THINK IT'S GOING TO KEEP THE DEER UP. WELL, WHY DO WE? MAYBE IT'LL KEEP SOME OF THE LESS ATHLETIC. THEY'RE GOING TO GET IN. 
          YEAH, I KNOW, I UNDERSTAND WHAT YOU'RE SAYING. 
          I MEAN, AND THERE IS SOMETHING TO PUTTING IN PLANTINGS AT THE DEER DON'T EAT. I MEAN, THE WHOLE REASON HE WANTS TO DO THAT IS FOR HIS GARDENS. I THINK THEY EAT A LOT OF STUFF. WELL, THEY DO. THEY EAT. 
          BUT THEY DIABETES. SO YES, I CAN SHOW YOU PHOTOGRAPHS THERE. 
          I, THEY DON'T EAT MY HYDRANGEAS. THEY DON'T EAT MY, THEY DON'T EAT A LOT OF MY STUFF. I PUT IN STUFF THAT IS LIKE DEER PROOF WHEN YOU SPRAY IT. BUT HE SAID, NO, I DON'T, I DON'T SPRAY ANYTHING. AND THE DEER THAT I ACTUALLY SAW JUMP A FENCE. AND IT WAS NOT THAT ATHLETIC, WAS AT. 
          YOSEMITE PARK. YOSEMITE PARK, AS WE SAY IN FAIRVIEW. UH, DEER HAD COME IN DURING ONE OF THE CAMP SEASONS, AND I BELIEVE THAT FENCE MAY BE CLOSE TO A TEN FOOT FENCE. AND THAT DEER LEAPT AND LEAPT UNTIL IT WENT OVER THE FENCE. AND I WITNESSED THAT MYSELF. I GET I DON'T HAVE THAT HIGH OFFENSE. MY FENCE IS ONLY FIVE FEET HIGH, BUT THE DEER JUMP OVER IT AND DOWN A CLIFF ALL THE TIME, AND I AND SOMETIMES THEY HIT IT BECAUSE IT SOUNDS LIKE A LIKE THEY KNOCKED THE FENCE OVER. I DON'T WANT TO BELABOR IT IF FOLKS ARE IN FAVOR OF IT. YEAH. I MEAN, YOU GUYS GOT THE VOTES, SO. OKAY. I'M IN FAVOR. 
          I'M WILLING TO WRITE IT UP TO TRY TO MINIMIZE ANY PRECEDENT BEING SET. PERFECT. OKAY. PERFECT. GOOD MAN. ALL RIGHT. 
          UM. 23. 
          WHERE ARE YOU? PERCEIVING THIS IS GOING? RESPOND. IS THAT DOTTED LINE? AND THAT'S WHAT I SAID. 
          DOTTED LINE. SO THIS IS THE PROPERTY LINE. THAT'S WHAT I'M SAYING. IT'S LIKE. THIS X LINE. GOING ALL. 
          THE WAY. OH I GUESS. 
          I GOTTA HAVE THAT ONE BACK.. RIGHT. 
          SO THAT. ONE'S THIS IS THE LINE. 
          YEAH. OH. 
          WORK IT OUT. RIGHT. 
          SO WHY SOME PEOPLE. SAYING THAT IT DOESN'T ENCLOSE. 
          I ASKED THE QUESTION. HE SAID IT DOESN'T. 
          TRUE. I SAID. 
          THE X. IT DOESN'T INCLUDE. IT DOESN'T TO. 
          I DIDN'T I SAID. NO I SAID HE THOUGHT THE WHY. 
          DOES YOUR DEER CLOSURE COME TO A THE COMPLETE CIRCUMFERENCE OF THE ENCLOSURE ITSELF? WHERE ARE YOU PLANNING ON PUTTING Z MATERIAL TO ME? DOES IT ENCLOSE ITSELF? OKAY, OKAY. HE'S WILLING TO. 
          PAY BEFORE YOU GO TO THE NEXT CASE, GO BACK TO KINDRED ZONE. 
          THE POOL AND THE SIDE YARD. DO YOU WANT TO PUT IN OR CONSIDER A LANDSCAPING CONDITION? OH, I ASKED THAT. 
          AND THE WHOLE COMMENTARY ABOUT THE SOUND BARRIER BUILDING THAT WAS LIKE. OKAY, WELL. 
          THAT'S IN ONE DIRECTION. AT THAT. 
          BUT AGAIN. SOUND DOES TRAVEL AS A REFLECTS OFF THE ROCKS IN THE HILLS AND EVERYTHING ELSE. 
          I DON'T KNOW HOW YOU CAN STOP IT IF YOU HAVE THAT MUCH. YEAH. 
          I JUST RAISED IT BECAUSE THAT'S A GENERAL CONSIDERATION. IN ANY CASE. WHERE YOU'RE GRANTING THAT SORT OF A VARIANCE. 
          SO WE'LL INCLUDE ADDITIONAL SCREENING IN THE SIDE YARD TO THE FRONT OF THE PROPERTY. WHO'S DOING THAT ONE? I AM. I DON'T SEE A NEED TO DO IT. 
          I DON'T SEE IT BECAUSE. IT'S SUCH. RIGHT. IT'S PRETTY FAR. BUT IF I COULD PUT A CONDITION IN, IF YOU GUYS THINK THAT WE SHOULD. SO WE HAVE TWO NOS. ANY S'S? 
          [02:05:03]
I MEAN, I DON'T SEE IT, BUT. NO. 
          DO YOU WANT SOME? ARE YOU TALKING. NO. 
          TO THE CONDITION? YES. 
          NOT TO THE GRANTING OF THE VARIANCE. 
          YEAH. RIGHT. YEAH. OKAY. OH. DO YOU WANT ADDITIONAL SCREENING? UM, IT. 
          DOESN'T MATTER TO ME. I WOULD SAY NO. 
          OKAY, OKAY. SO WE'RE NOT. YEAH. OKAY. 
          ALL RIGHT. OKAY. 
          SO NOW WE'RE AT 66 BEACH STREET, WHITE PLAINS. THIS NEEDS TO GO AHEAD. BECAUSE I AM SO TIRED. 
          OF ALL OF THESE. YEARS SEEING THIS SITTING THERE. AND YOU'VE GOT PEOPLE WHO ARE TRYING TO HAVE THEIR HOUSES RIGHT AROUND THERE, ACROSS THE STREET IS YOU HAVE THE HIGH RISE FOR THE FOR THE.. SO I, I WOULD AGREE FOR THE NEIGHBORHOOD AND FOR THE FACT THAT IT'S LIKE HALF BUILT. BUT I. BUT NOT. 
          EVEN HALF MY CONCERN IS AND I'D LIKE TO HEAR FROM IT FROM YOU ON THIS ONE IS LIKE, WHAT KIND OF PRECEDENT ARE WE SETTING HERE THAT IT WAS REZONED? AND WE ARE LIKE. 
          DO WE HAVE THE RIGHT TO DO SO? DO WE? YEAH. CAN WE DO THIS LIKE IT? AND THAT'S THAT'S. 
          THAT'S A DETERMINATION. IN THE FIRST INSTANCE BY THE BUILDING INSPECTOR AND THE BUILDING DEPARTMENT HAS OPINED THAT IT'S NOT THAT YOU DO HAVE AUTHORITY TO DO IT. THEY DON'T NEED ANY OTHER ANY OTHER VARIANCES. AND YOU CAN ARGUE, MAKE THE ARGUMENT THAT THEY HAVE VESTED RIGHTS BECAUSE THEY STARTED THE THE CONSTRUCTION. OKAY. 
          AND CONTRARY TO WHAT MR. ESCALADA SAID ABOUT A POOR CONCRETE STRUCTURE IS ACTUALLY CINDERBLOCK. BUT WE WILL GO ALONG WITH THAT. YOU WALKED UP TO IT AND SAW. 
          THAT IT. I SAW THEM WHEN THEY WERE BUILDING IT. AND THE CONTRACTORS THAT WERE BUILDING IT MIGHT HAVE BEEN JUST PEOPLE WHO WERE BY BAVARO, AS FAR AS I'M CONCERNED. BY THE WAY, BARBAROS. 
          OH. THIS WAS NOT A SKILLED CONTRACTING CREW THAT INITIALLY CAME IN THAT I WITNESSED PUTTING UP THE STRUCTURE. OKAY, SO SO WE'RE SAYING THAT THE VARIANCE DID OR THE BUILDING DEPARTMENT IS SAYING THAT THE VARIANCE DID NOT EXPIRE. 
          IT DID, BUT THEY EXTENDED IT. BUT IT INSPIRED IN 2023. 
          OH RIGHT. IT LAUGHS. YES. WHAT THEY'RE SAYING IS THAT THE IF WE ISSUE A VARIANCE NOW IT WILL RELATE BACK TO THE PRIOR LAW. 
          IF THAT'S SO I'M ALL FOR IT. YEAH. 
          SO WHEN A VARIANCE LAPSES YOU DON'T HAVE TO START OVER. I LISTEN I WANT TO SEE IT BUILT. TO. 
          BUT I BUT LIKE I WAS LIKE TRYING TO WRAP MY HEAD AROUND IT. SO DEFERRING TO. 
          THE BUILDING THAT'S THAT YOU'RE I'M THINKING. 
          ABOUT HOW. IT WORKS WHERE I AM LIKE IT LAPSED. SO LIKE USUALLY YOU GOTTA LIKE START OVER AND NOW STARTING OVER, YOU'RE SORT OF NOW BEHOLDEN TO THE CURRENT ZONING DISTRICT. BUT I. 
          THINK NOT TO GO THERE. SO I'M SAYING LIKE, WELL, MAYBE THE GUY DIED AND IT WAS IN PROBATE OR WHATEVER. AND SO IS THERE SOME KIND OF SOMETHING THERE THAT WE CAN. 
          YOU WANT TO TAKE IT OR. SO. 
          SO THE WAY THAT WE'RE LOOKING AT IT IS THAT THE PERMIT, THE BUILDING PERMIT WAS ISSUED, THE BUILDING PERMIT EXPIRED AFTER THEY STOPPED CONSTRUCTION. UM, THE VARIANCE IS JUST THE, THE UNDERLYING AND IT IF THEY CONTINUED CONSTRUCTION, IT WOULD HAVE JUST WOULDN'T BE AN ISSUE. CORRECT. UM, BECAUSE THE PERMIT EXPIRED, THE PERSON PASSED AWAY. THERE WAS THESE EXTENUATING CIRCUMSTANCES THAT IT LEFT WAS LEFT DORMANT FOR SO LONG, WHICH IS WHY I DID NOT THINK RECLASSIFYING IT UNDER THE NEW ZONING AND ALLOWING THE APPLICANT WITH THE SAME EXACT PLANS, NO DEVIATIONS TO CONTINUE ON WITH THE CONSTRUCTION. INITIALLY, YEAH. INITIALLY THEY CAME IN TO JUST RENEW THE PERMIT, WHICH WE WOULDN'T ALLOW THEM TO DO WITHOUT GOING BACK TO THE BOARD AND GETTING AN EXTENDED. 
          ALTERNATIVELY, YOU COULD ARGUE THAT IT DIDN'T EXPIRE. IT WAS PERFECTED BY THE CONSTRUCTION THAT'S IN THE GROUND. AND THEREFORE THEY HAVE VESTED RIGHTS TO CONTINUE. 
          OKAY, OKAY. THIS IS SOMETHING THAT I WOULD THINK THAT YOU WOULD HAVE. YES. RIGHT. YES. 
          [02:10:01]
I WAS GOING TO SAY. THAT I DON'T I DON'T HAVE ENOUGH, UH, BECAUSE I DON'T KNOW ENOUGH ABOUT YOUR ZONING AND. BECAUSE HE BROUGHT UP THE WHOLE WITH THE, THE WATER, YOU KNOW, THE WATER HAS. SHOT RIGHT, RIGHT THROUGH THERE. YEAH, RIGHT. 
          I ACTUALLY LIKE THE SECOND THING THAT YOU SAID WE HAD RIGHTS. IS THAT, LIKE, BECAUSE THEY STARTED THE CONSTRUCTION PROCESS? I DON'T KNOW, LIKE, THEY SOMETHING BECAUSE OTHERWISE YOU'RE GONNA HAVE PEOPLE THAT HAVEN'T STARTED CONSTRUCTION BUT HAVE PERMITS AND THEY'RE GOING TO USE THIS AS A PRECEDENT THAT SAYS, OH, WELL, BUT WE HAVE WE'RE GRANDFATHERED IN. YES, YES. 
          I WOULDN'T SAY THAT BECAUSE IF YOU HAD SOMEBODY DYING. 
          NO, NO, I THINK IT HAS. BEEN A LONG TIME AGO. 
          EDGE TO HELP US CRAFT THIS IN A WAY. 
          THAT SUITS WELL. THEN EITHER YOU. 
          IF YOU WANT ME TO. WRITE IT, IT'LL. 
          CLOSE IT FOR DECISION. ONLY. 
          YEAH. YOU'RE GOING TO HAVE TO WRITE SOMETHING KIND OF LIKE. 
          THANK YOU. I THINK IF WE IF YOU JUST REFERENCE THAT THE FOUNDATION AND PRIMARY STRUCTURE IS BUILT, THAT'S, THAT'S THE MAIN REASON WHY. BECAUSE IF IN ANOTHER SITUATION, IF YOU DIDN'T HAVE A FOUNDATION OR A STRUCTURE, I THINK IT'D BE A COMPLETELY DIFFERENT CASE. 
          AND THAT'S WHY I WAS JUST STRICTLY TRYING TO SET THE TIMELINE AS TO WHAT HAPPENS WHEN AND WHERE WE COULD FALL IN. 
          . BECAUSE HE WRITES IT, HE'S. 
          OKAY. I'M OKAY. DO YOU CLOSING OFF THE DECISION? CLOSING? YES. 
          SIR. CLOSURE DECISION. 
          NOBODY WANTS TO SEE THAT. YEAH. 
          HEY. UH, YES. 
          THAT WAS. WE JUST DECIDED THAT. YEAH. OKAY. NEXT CASE. 
          UH, THIS IS. A CONDITION. 
          THIS IS THE FAKE FRANK LLOYD WRIGHT HOUSE. YEAH. 
          SO AGAIN, ON THIS ONE, EDITOR, I HAVE A QUESTION FOR YOU. CAN WE PUT A CONDITION ON THIS BEFORE THEY REACH AN AGREEMENT ON THE LANDSCAPING THAT THERE IS LANDSCAPING. 
          WHO IS GOING TO SUGGEST THAT YOU PUT THIS OVER FOR ALL PURPOSES? LET THEM COME IN WITH A PLAN AND THEN CONDITION THE VARIANCES ON THE PLAN. THE LANDSCAPING. YEAH. OKAY. 
          OKAY. THAT'S WHY THAT'S WHAT I THOUGHT YOU WERE GOING TO SAY. 
          THEY WANTED TO RUN WITH THE LAND SO THEY WOULD HAVE TO DO CONSENSUAL EASEMENT. I DON'T KNOW, THEY SHOULD GO TO A WATER. RESTRICTIVE. NO. I THINK WHAT YOU'RE REFERRING TO IS A RESTRICTIVE COVENANT. 
          THAT. OR YOU COULD. 
          THAT WOULD BE RECORDED. BUT WE'RE WE'RE NOT WE'RE GOING TO. GO BUT YOU DON'T NECESSARILY WANT TO DO THAT BECAUSE. SO THEY GET TO COME BACK AND PRESENT. CONDITIONS MAY CHANGE. AND WHERE IT'S NOT IT'S NOT ADVANTAGEOUS TO KEEP TO THAT PLAN. I AGREE WITH YOU, BUT I'M JUST REPEATING WHAT THEY SAID THEY WANTED TO DO. 
          WE HAVE STANDARD LANGUAGE USUALLY THAT SAYS, UH, THE LANDSCAPING, ACCORDING TO A PLAN SUBMITTED, THEY DID SO AND SO. OKAY SHALL BE MAINTAINED. AND IN GROWING CONDITION. AND IF SHOULD ANY OF IT BECOME DISEASED, DYING OR DEAD? THOSE ARE THE THREE MAGIC WORDS. OKAY. 
          THAT IT WILL BE REPLACED BY THE OWNER AND THAT WILL BE WORK. 
          THAT'S EITHER PART OF A. IT'S ALREADY A WOULD BE A PART OF THE DECISION WHICH IS ON FILE OR YOU CAN ADD TO THAT BY SAYING AND THE PARTIES SHALL EXECUTE A DEED RESTRICTION AND SHALL BE, SHALL BE FILED IN THE DIVISION OF LAND RECORDS. 
          WESTCHESTER COUNTY, PRIOR TO THE ISSUANCE OF ANY BUILDING PERMIT. RIGHT. YOUR COMPANY IS NOT GOING TO SURGE. UM, THE ZONING BOARD'S RECORDS FOR THE DECISION. I DON'T THINK. THE MUNICIPAL SEARCH, THEY DO MUNICIPAL SEARCHES. OKAY. 
          WE HAVE TWO BIG, BIG TREES COME DOWN THESE LAST THINGS WE HAD. 
          IT WAS SCARY. FOR INSTANCE, WE WE HAVE A WE PUT IN A CONDITION ON A CASE, A SETBACK VARIANCE WHERE THE APPLICANT'S FATHER WAS ELDERLY AND ILL, AND WE REQUIRED HIM TO 
          [02:15:02]
CERTIFY THAT THE THE FATHER IS STILL IT WAS A TEMPORARY VARIANCE THAT THE FATHER IS STILL ALIVE AND RESIDING THERE, AND HE'S BEEN VERY GOOD ABOUT. HE HAS BEEN FILING EVERY. 
          YEAR, FILING EVERY YEAR. NOW, I WOULDN'T SAY THAT THAT'S. 
          TYPICAL. THE ONE HE'S IN, MINE, HE'S MY NEIGHBOR AND HE'S STILL ALIVE. YES. I JUST GOT THE LETTER. 
          SO I, I HAVE A SUGGESTION ON THE THE CONDITIONING. YOU CAN I CAN PUT IT ON THE CERTIFICATE OF OCCUPANCY AS WELL. UM, YEAH. 
          AND MEMORIALIZE THE CONDITION THAT WAY. 
          AND THAT'S SEARCHED BY TITLE COMPANIES. 
          YEAH. OKAY. 
          YEAH. BECAUSE I SEE HIM PULLING UP AND GETTING OUT OF THE CAR. 
          I'M LIKE, WOW. OKAY. 
          SO DOING THIS. ONE, WE'RE NOT WE'RE GOING TO WE'RE ADJOURNING IT. PENDING. 
          PENDING. WHAT? THAT'S WHAT I'M IN THEIR LANDSCAPING PLAN OKAY. SO THAT YOU CAN SEARCH IT. ALL RIGHT. 
          OKAY OKAY. I WAS READY TO GO BACK ON LIVE. 
          YEP. YEP. 
          WE ARE LIVE AT FIVE. ON YOUR WAY OUT. COULD YOU JUST LET HIM KNOW WE'RE READY? THANK YOU. 
          SO I HAVE A QUESTION ON THE BOARD. 
          IS ATTORNEY. FOR ME WITH THE PLANS DATED SEPTEMBER 29TH. IT'S. IT'S NOT, ISN'T IT DATED OCTOBER 2ND? UH, YEAH. 
          THAT'S THE LATEST ONE. IT SHOULD BE. 
          OKAY. YOU'RE ALL UP. 
          THANK YOU. I JUST WANTED TO STAMPED IN. 
          OH. YEAH? WITH ANOTHER PIECE OF PAPER. SO. OKAY. 
          9290, OKAY. THAT'S GREAT. YEAH. OH, SORRY. 
          IT IS NOT SORRY. OKAY. YEAH. 
          SORRY. THAT IS RIGHT. OKAY. OKAY. ALL RIGHT. 
          OKAY. WELL. ARE WE ALL READY? YES. YES. OKAY. 
          WE ARE BACK WITH. OUR DISCUSSIONS. WITH RESPECT TO HOW WE'RE VOTING THIS EVENING. SO WE START WITH CASE 26. 16. 
          DON'T WE HAVE TO MAKE. THE ANNOUNCEMENT FIRST. 
          ABOUT OUR. BACK? WE'RE BACK ON THE RECORD. 
          YES, YES. OKAY. 
          I THOUGHT I SAID WE WERE BACK. KNOW THAT HE'S. 
          VOTING AS THE ALTERNATE. OH I'M SORRY. YES, I FORGIVE ME. UM, BECAUSE WE DO HAVE ONE OF OUR REGULAR BOARD MEMBERS. 
          NOT HERE THIS THIS EVENING. UM, HOWARD, UM, I KEEP SAYING IT'S WRONG. MY TIME. TO. OH, HOW. 
          WOULD YOU CALL. IT? YES. UM, WHO IS ABLE TO VOTE? WILL VOTE. AND ALSO PARTICIPATED, OBVIOUSLY, IN THIS EVENING'S, UH, AGENDA. SO. 
          OKAY. MADAM CHAIRMAN. 
          UM, I MOVE THAT THE APPLICATION IN CASE NUMBER 26-16 BE GRANTED. WAIT WAIT WAIT WAIT WAIT. WE HAVE TO GO TO SPEAKER FIRST. OH, OKAY. 
          OKAY. I THOUGHT YOU WERE GOING TO SAY SOMETHING ELSE. 
          OKAY. UM, AND WHEREAS THE GREENBERG ZIVA HAS REVIEWED THE ABOVE REFERENCED APPLICATION WITH REGARD TO SEEK A COMPLIANCE, AND NOW THEREFORE, BE IT RESOLVED, THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET CONSIDERATION. DO I HAVE A SECOND. SECOND, SECOND? ALL IN FAVOR? AYE AYE. 
          AYE. CHAIR VOTES I YES. 
          ALL RIGHT. ALL IN FAVOR? NOW, NOW WE'RE GOING TO GET THE MOTION. 
          OKAY. I THOUGHT. MOTION OKAY. 
          I MOVE THAT THE APPLICATION IN CASE NUMBER 26-16 BE GRANTED, PROVIDED THAT THE APPLICANT OBTAIN ALL NECESSARY APPROVALS AND FILE. SAME WITH THE BUILDING DEPARTMENT. 
          CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF 
          [02:20:01]
THE BUILDING PERMIT, AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLANS DATED WELL, THE FILED SEPTEMBER 29TH, 2026, SUBMITTED IN SUPPORT OF THE. THIS APPLICATION OR AS SUCH PLAN MAY HEREAFTER BE MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN PER AND PROVIDED SUCH MODIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HERE IN CLOSED FOREIGN. UM, THE VARIANCE BEING GRANTED OF THE IMPROVEMENT SHOWN ON THE PLAN SUBMITTED IN SUPPORT OF THE APPLICATION ONLY ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NONCONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES, EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK OR OTHER VARIANTS. WE HAVE APPROVED OTHER VARIANCES WE HAVE APPROVED HERE IN. SECOND. 
          ALL IN FAVOR? SECOND. I. 
          I. WE ARE GOING TO, UM, NOT. 
          ONE MOMENT. OH, YEAH. OH, SORRY. GO AHEAD, GO AHEAD. 
          UM, WHAT I WAS GOING TO SAY THAT WE WILL NOT HAVE THE FINDINGS THIS EVENING. HOWEVER, THEY WILL BE IN THE RECORD AND AVAILABLE TO ALL WHO WISH TO SEE THEM. 
          NEXT CASE WE HAVE THIS CASE 2617 KENDRICK MASON. 1440 SAWMILL RIVER ROAD, ARDSLEY. AND WHEREAS THE GREENBERG CBA HAS REVIEWED THE ABOVE REFERENCED APPLICATION WITH REGARD TO SEEK COMPLIANCE, AND NOW THEREFORE BE IT RESOLVED, THAT SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET CONSIDERATION. DO I HAVE A SECOND? SECOND. ALL IN FAVOR? AYE AYE. AYE. 
          CHAIR VOTES AYE. AND DO I HAVE A MOTION? YES. 
          MADAM CHAIR. I MOVE THAT. 
          THE APPLICATION IN CASE 2617 BE GRANTED PROVIDED THAT ONE THE APPLICANT OBTAIN ALL NECESSARY APPROVALS AND FILE SAME WITH THE BUILDING DEPARTMENT. TWO CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT, AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLANS DATED AND STAMPED. RECEIVED OCTOBER 5TH, 2026. SUBMITTED IN SUPPORT OF THIS APPLICATION OR AS SUCH PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN, PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE AN EXCUSE ME, A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HERE IN, AND THREE. THE VARIANCE BEING GRANTED IS FOR THE IMPROVEMENT SHOWN ON THE PLAN SUBMITTED IN SUPPORT OF THIS APPLICATION ONLY. ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES, EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK OR OTHER VARIANCES WE HAVE APPROVED HERE IN. 
          DO I HAVE A SECOND.? SECOND? ALL IN FAVOR? AYE, AYE. 
          CHAIR VOTES. AYE. AND AGAIN, AS I SAID, WE WILL NOT BE DOING THE FINDINGS. AND THE NEXT CASE IS 26. 23. NINE BLUEBERRY HILL. 
          AND WHEREAS THE GREENBERG CBA HAS REVIEWED THE PUBLIC VIA THE ABOVE REFERENCED APPLICATION WITH REGARD TO SEEK OF COMPLIANCE, AND NOW THERE AT BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET CONSIDERATION. DO I HAVE A SECOND? I SECOND. ALL IN FAVOR? I. ABSTAIN. 
          OH. I'M IN. NO. AND DO WE HAVE A MOTION? MADAM CHAIR, I MOVE THAT THE APPLICATION IN CASE 2623 BE GRANTED. PROVIDED THAT THE APPLICANT OBTAIN ALL NECESSARY APPROVALS AND FILES. THE SAME WITH THE BUILDING DEPARTMENT. 
          CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT, AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLANS DATED SEPTEMBER 14TH, 2026, SUBMITTED IN SUPPORT OF THIS APPLICATION OR SUCH PLANS THAT MAY HEREAFTER BE MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN, PROVIDED THAT SUCH MODIFICATION 
          [02:25:02]
DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HERE. THE VARIANCE IS BEING GRANTED. AH, FOR THE IMPROVEMENTS SHOWN ON THE PLAN SUBMITTED IN SUPPORT OF THIS APPLICATION ONLY, ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES, EVEN IF CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK OR OTHER VARIANCES WE HAVE APPROVED HERE IN. ALL. 
          ALL IN FAVOR? AYE. 
          ABSTAIN. ABSTAIN. 
          ALL RIGHT. AND DO WE HAVE A MOTION? YEAH, WE'RE. 
          ON THE MOTION. WE DID. QUESTION I'M SORRY. I JUST DID THAT. ALL RIGHT. OKAY. I JUST WANT TO GET FOR STAYING UP AT NIGHT. MANHATTAN PARK APARTMENTS. 
          NO, WE HAVE 20. YES. 26, 24. LET'S CLOSE. 
          YES. CLOSE FOR DECISION ONLY TO THE NEXT. 
          YES. WHICH IS? 19. 19. OKAY. NOVEMBER 19TH. AND ALSO CASE 2625 IS ALSO. CLOSE FOR DECISION ONLY. NOT THAT POSITION. I'M SORRY.
* This transcript was compiled from uncorrected Closed Captioning.