* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. UH, GOOD E [00:00:01] GOOD EVENING. [ TOWN OF GREENBURGH OFFICE OF THE TOWN BOARD 177 Hillside Avenue, Greenburgh, NY 10607 Tel: 914-989-1525 Fax: 914-993-1541 Email: JDudek@Greenburghny.com https://ny-greenburgh.civicplus.com/485/Watch-Live-Board-Meetings ] UM, WELCOME TO OUR TOWN BOARD MEETING. IT'S, UM, SEPTEMBER 30TH AT 7 36, UM, PM AND WE'LL START, UM, THE MEETING WITH, UM, THE PLEDGE OF ALLEGIANCE. A PLEDGE OF ALLEGIANCE. PLEDGE OF ALLEGIANCE TO THE FLAG, UNITED OF AMERICA, AND TO THE REPUBLIC STAND NATION LIBERTY JUSTICE. AND NOW WE'LL HAVE THE TOWN CLERK, UH, DO THE ROLE SUPERVISOR PAUL FINER. UH, YES. COUNCILWOMAN DIANA JUTT. PRESENT. COUNCILMAN FRANCIS SHEEN. PRESENT. COUNCILMAN KEN JONES. PRESENT COUNCILWOMAN GINA JACKSON. PRESENT. GREAT. OKAY. NEXT WE HAVE, UH, A COUPLE APPOINTMENTS APPOINTMENT OF MICHAEL RO TO THE BOARD OF ETHICS TO FULFILL AN UNEXPIRED TERM TO DECEMBER 31ST, 2024, APPOINTMENT OF CLEAR UTI TO THE BOARD OF ETHICS AS AN ALTERNATE MEMBER TO FULFILL AN UNEXPIRED TERM TO EXPIRED DECEMBER 31ST, 2024, AND REAPPOINTMENT OF WILLIAM CANELLI AS A MARRIAGE OFFICER FOR A TERM TO EXPIRE DECEMBER 31ST, 2021 SECOND. ALL IN FAVOR? AYE. AYE. AYE. I I, I I JUST RECALL THAT ONE OF THESE ACTUALLY SAID THAT THEY WOULD SPEAK. I'LL HAVE TO LOOK UP WHICH ONE THAT WAS, AND WHENEVER THEY COME ON, WE CAN HAVE THEM INTRODUCE THEMSELVES. OKAY. OKAY. UH, NEXT, AN INTRODUCTION OF A LOCAL LAW AMENDING CHAPTER THREE 80 OF THE TOWN CODE OF THE TOWN OF GREENBURG TO CREATE A NEW SUBSECTION ENTITLED, NOISE CREATED DUE TO AN UNLAWFUL SPEAK CONTEST AS ENUMERATED RESTRICTED NOISE AUTHORIZING A PENALTY FOR NOISE VIOLATIONS FROM VEHICLES OPERATED BY PERSONS WHILE ENGAGED IN UNLAWFUL SPEED CONTESTS OR, OR RACE. I'D LIKE TO, UH, MOVE THAT WE INTRODUCE THE LAW. SECOND. ALL IN FAVOR? AYE. AYE. AND THERE'S A PUBLIC HEARING ON OCTOBER 14TH AT 7:30 PM AND NEXT, UM, TO CONSIDER, UH, WE HAVE THREE, UH, A COUPLE PUBLIC HEARINGS TO CONSIDER A LOCAL LAW AMENDING SECTION 2 85 DASH 10 OF THE ZONING ORDINANCES ENTITLED R 41 FAMILY RESIDENCE DISTRICT AS IT RELATES TO NURSING HOMES, ASSISTED LIVING AND CONTINUING CARE RETIREMENT COMMUNITY USE. I'D LIKE TO MOVE THAT YOU WANNA OPEN THE HEARING POLL? I'D LIKE TO MOVE THAT WE OPEN THE HEARING. I'M SORRY. SECOND. ALL IN FAVOR? AYE. GOOD EVENING SUPERVISOR. FINER MEMBERS OF THE TOWN BOARD. FOR THE RECORD, I'M GARY DUQUE, COMMISSIONER OF THE DEPARTMENT OF COMMUNITY DEVELOPMENT AND CONSERVATION. THIS PUBLIC HEARING IS A CONTINUATION OF THE HEARING HELD ON SEPTEMBER 9TH, 2020 AND SEPTEMBER 23RD, 2020, PERTAINING TO A LOCAL LAW INITIATED BY THE TOWN OF, OF GREENBURG WITH REGARDS TO THE EXISTING SPECIAL PERMIT PROCESS IN THE TOWN'S ONE FAMILY RESIDENCE DISTRICTS FOR ASSISTED LIVING FACILITY USES AND OTHER SPECIALIZED SENIOR HOUSING USES. IN RESPONSE TO ADDITIONAL COMMENTS RECEIVED, THE FOLLOWING ADDITIONS WERE MADE TO THE LOCAL LAW THAT IS THE SUBJECT OF THIS HEARING. A REQUIREMENT FOR SECONDARY EMERGENCY VEHICULAR ACCESS AS APPROVED BY NEW YORK STATE DEPARTMENT OF TRANSPORTATION WAS ADDED. AND A REQUIREMENT THAT A MINIMUM OF ONE RN OR L P N BE STAFFED ON PREMISES AT ALL TIMES WAS ALSO ADDED. THANK YOU. GREAT. UM, ANYBODY LIKE TO, UH, SPEAK ON THAT? OKAY. UH, I DON'T KNOW THAT I HAD SPECIFIC SIGNUPS, BUT IF ANYONE WOULD LIKE TO SPEAK, UH, IT WOULD BE FINE IF YOU JUST UN UNMUTE YOURSELF AND JUST, UH, STATE THAT PLEASE. OKAY. IT LOOKS AS IF THERE ARE NO, UM, NO, THERE'S NO ONE PRESENT TO SPEAK ON THIS MATTER. OKAY. THAT'S GREAT. AND, UH, THEN I MOVE THAT WE, UH, CLOSE THE HEARING AND LEAVE THE RECORD OPEN FOR SEVEN DAYS. SECOND. ALL IN FAVOR? AYE. AYE. AYE. OKAY. NEXT ON THE LIST MOMENT THAT WENT FASTER THAN I THOUGHT. . THAT'S OKAY. UM, TO CONSIDER A LOCAL LAW AMENDING. THAT'S, THAT'S, WE WE'RE ON THE NEXT ONE. CONSIDER LOCAL LAW AMENDING, UH, CHAPTER 2 85 OF THE ZONING ORDINANCE ENTITLED ZONING AS IT RELATES TO AN ALTERNATE LOCAL LAW PROPOSAL INITIATED BY THE TOWN OF GREENBURG PLANNING BOARD AND CONSERVATION ADVISORY COUNCIL TO ADD A NEW DEFINITION AND SPECIAL PER PERMIT USE IN THE ONE FAMILY RESIDENCE, UH, DISTRICTS CONTINUUM OF CARE FACILITIES. I'D LIKE TO MOVE THAT WE OPEN THE HEARING. SECOND. SECOND. ALL IN FAVOR? AYE. AYE. GOOD EVENING SUPERVISOR. FINER MEMBERS OF THE TOWN BOARD. [00:05:01] FOR THE RECORD, I'M GARRETT DUANE, COMMISSIONER OF THE DEPARTMENT OF COMMUNITY DEVELOPMENT AND CONSERVATION. THIS PUBLIC HEARING PERTAINS TO A LOCAL LAW THAT WOULD MAKE CONTINUUM OF CARE FACILITY USES ALLOWABLE BY SPECIAL PERMIT IN THE ONE FAMILY RESIDENCE DISTRICTS OF THE TOWN. FOR THE RECORD, A CONTINUUM OF CARE FACILITY COMBINES ASSISTED LIVING AND INDEPENDENT LIVING UNITS WITHIN A SINGLE BUILDING. THE ZONING MECHANISM OF A SPECIAL PERMIT FOR THIS USE WAS ADVOCATED FOR BY MEMBERS OF THE PLANNING BOARD AND INCLUDED A POSITIVE RECOMMENDATION, THE CONSERVATION ADVISORY COUNCIL, WHICH ALSO INCLUDED A POSITIVE RECOMMENDATION AND MEMBERS OF THE PUBLIC. THE SPECIAL PERMIT MECHANISM FOR THIS TYPE OF HOUSING IS CONSISTENT WITH HOW ASSISTED LIVING FACILITIES, CONTINUING CARE RETIREMENT COMMUNITIES AND NURSING HOMES ARE PRESENTLY ENABLED IN THE TOWN ZONING ORDINANCE. THE COMPREHENSIVE PLAN REFERENCES EXPLORING A SPECIAL PERMIT PROCESS FOR THE C C F USE AS A POLICY WHEN PREPARING THE SPECIAL PERMIT BASED LOCAL LAW FOR THIS USE THE CONSERVATIVE AND LIMITING CITING CRITERIA PREVIOUSLY CONSIDERED IN THE PROPOSED LOCAL LAWS FOR EITHER A FLOATING ZONE OR OVERLAY DISTRICT WERE INCORPORATED INTO THE DRAFT SPECIAL PERMIT LOCAL LAW. THIS INCLUDES PROXIMITY TO A STATE ROAD AND A MINIMUM 4,000 LINEAR FOOT SEPARATION DISTANCE, WHICH HAVE THE EFFECT OF CREATING A VERY LIMITED POOL OF SITES THAT MEET THE MAJOR SIGHTING CRITERIA. METROPOLIS COUNTRY CLUB SITE, EITHER SCHOOL FOR THE DEAF OR NORWOOD COUNTRY CLUB AND PROSPERO NURSERY. WITH RESPECT TO MINIMUM SITE SIZE FOR A C C F A MINIMUM EIGHT ACRE SITE IS A CRITERIA, IS THE CRITERIA PROPOSED, WHICH CAN BE REDUCED BY THE TOWN BOARD TO FIVE ACRES. IN INSTANCES WHERE A CONSERVATION EASEMENT IS PROPOSED CONTIGUOUS AS A BUFFER, A REQUIREMENT FOR SECONDARY EMERGENCY VEHICULAR ACCESS AS APPROVED BY THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION IS ALSO INCLUDED AS A CRITERIA. A REQUIREMENT THAT A MINIMUM OF ONE RN L P N BE STAFFED ON THE PREMISES AT ALL TIMES IS ALSO A CRITERIA AS A RESULT OF THE EIGHT ACRE MINIMUM. I SHOULD HAVE MENTIONED THIS BEFORE. THE DENSITY CRITERIA FOR THE C C F USE IS THE SAME OR COMPARABLE TO THAT, WHICH PRESENTLY REGULATES ASSISTED LIVING FACILITIES IN THE TOWN IN ALL THE LOCAL LAW AS PROPOSED INCLUDES 16 SPECIAL PERMIT CRITERIA. SPECIAL PERMITS FOR THE C C F USE WOULD BE THE APPROVAL AUTHORITY OF THE TOWN BOARD WITH A REFERRAL TO THE PLANNING BOARD AND BE SUBJECT TO SITE PLAN APPROVAL. THANK YOU. OKAY. AND SIMILAR TO, UH, PRIOR, UH, IF SOMEONE WOULD LIKE TO SPEAK, JUST PLEASE, UH, UNMUTE YOURSELF AND IDENTIFY, UH, YOURSELF FOR THE STENOGRAPHER. NOBODY. ALRIGHT. HUGH SCHWARTZ, UH, VICE CHAIR OF THE PLANNING BOARD 32 SHERWOOD PLACE. I WAS HOPING, UH, WALTER SIMON WAS SUPPOSED TO BE ON THE CALL TONIGHT. I THINK HE MUST HAVE BEEN HAVING SOME COMPUTER DIFFICULTIES. UM, THE PLANNING BOARD STRONGLY, UH, RECOMMENDS THAT WE USE THIS, THIS, UH, APPARATUS, A SPECIAL PERMIT TO, UH, LOOK AT CCFS BECAUSE IT IS EXACTLY THE MECHANISM WE HAVE USED IN THE PAST, UH, TO DO ANY OF THESE ASSISTED PHYS, UH, UH, UH, LIVING FACILITIES. SO WE THINK THIS IS SOMETHING WE KNOW, WE THINK THAT THERE'S BEEN A LOT OF IMPROVEMENT TO THIS LAW OVER THE TIME. AND, UM, THE ALTERNATIVES THAT WE'VE DISCUSSED MAY BE GOOD PLANNING TOOLS AND, AND LAND USE TOOLS, BUT THEY'RE NOT ONES THAT WE'RE FAMILIAR WITH AND THEY BECOME QUITE COMPLEX. WHEN LOOKING AT THE LE THE LEGAL PART OF IT. WE WOULD STRONGLY RECOMMEND, UM, BOTH WALTER AND I WOULD LIKE TO RECOMMEND THAT THIS BE REFERRED TO THE PLANNING BOARD TONIGHT. UM, AND, UM, SO THAT WE CAN TAKE IT UP AT OUR NEXT MEETING, WHICH IS ON OCTOBER 7TH. WE WOULD ALSO RECOMMEND THAT THE OVERLAY OPTION NOT BE REFERRED TO THE PLANNING BOARD BECAUSE IF IT IS RE REFERRED TO THE PLANNING BOARD, THAT IS NOT SOMETHING THAT THE PLANNING BOARD IS FAMILIAR WITH, NOT USED IN THIS PARTICULAR WAY AND WOULD REQUIRE PROBABLY TWO TO THREE MEETINGS FOR US TO DISCUSS AND SLOW THIS UNNECESSARILY IN OUR VIEW, SLOW THIS PROJECT DOWN. SO AGAIN, WE'RE RECOMMENDING THAT TONIGHT WE'D LIKE YOU TO, UM, REFER THIS ONLY THE SPECIAL PERMIT TO THE PLANNING BOARD FOR OUR RECOMMENDATION AND TAKE UP AT THE NEXT MEETING. THANK YOU. DO I HAVE A QUESTION FOR YOU? I WAS, I WAS WONDERING HOW DOES THE PLANNING BOARD SEE OR WHAT'S CHANGED IN THE LAW [00:10:01] THAT MAKES YOU FEEL CONFIDENT THAT THIS IS THE RIGHT WAY TO GO AND, AND NOT TO, UH, EITHER USE A FLOAT, A FLOATING ZONE, OR ANOTHER, ANOTHER TYPE OF ZONE SO THAT, UH, IT'S NOT ONLY FOR THIS PARTICULAR PROPERTY, BUT FOR OTHER PROPERTIES IN THE TOWN AND THAT, THAT IS, UH, OF CONCERN TO ME. OKAY. HOLD ON FOR A SEC. ONE SECOND. WALTER, CAN YOU HEAR WHAT'S GOING ON NOW ON MY SPEAKER PHONE? I CAN'T. OKAY. WALTER JUST TRIED TO CALL ME AND I CAN'T HEAR HIM FOR SOME REASON. UM, THE ANSWER IS THAT WE THINK THAT WE, THAT THERE HAS BEEN ENOUGH PUT INTO THIS LAW THAT PROTECTS THE TOWN TO DO, TO DO THINGS IN THE CORRECT WAY. WE KNOW HOW TO IMPLEMENT THIS LAW. UH, THERE HAVE BEEN SPECIFIC THINGS, I THINK MR. BERNSTEIN COULD ACTUALLY SPEAK TO THIS BECAUSE WE HAD A COMMITTEE THAT WAS MADE UP OF, UH, THAT GARRETT ACTUALLY PUT TOGETHER THAT WAS MADE UP OF THE C A C, THE PLANNING BOARD, BOARD, VICE CHAIR AND CHAIR, AS WELL AS, UH, MR. BERNSTEIN AND, UH, MR. ZINGER WHO WERE PRE PRESIDENT OR PAST PRESIDENT OF THE, OF TWO OF THE NEIGHBORHOOD ASSOCIATIONS. AND WE REALLY LOOKED HARD AT THE LAW. AND WE THINK WITH ALL OF THE CRITERIA THAT WE'VE PUT IN THERE, INCLUDING THE 4,000 FEET, INCLUDING SPECIFICALLY THAT IT HAS TO BE ON A STATE ROAD, INCLUDING THAT IT'S EIGHT ACRES. SO THE BULK DENSITY INCREASE RELATIVE TO C C F IS NOT VERY LARGE. WE THINK WE'VE TAKEN CARE OF A LOT OF THE ISSUES THAT CONCERNED PEOPLE BEFORE. UM, THE ALTERNATIVES, THE FLOATING ZONE, IT'S NOT CLEAR AFTER DOING HOURS AND HOURS OF RESEARCH THE COMMITTEE DID, UM, THAT IT REALLY DOES GIVE ANY MORE DISCRETION. SAME THING WITH THE OVERLAY. SO WE'RE CONCERNED ABOUT THAT. AND THIS ISN'T ONE WAY WE KNOW AND WE THINK THAT WE'VE GOT ENOUGH CRITERIA. THERE'S WALTER. NOW ACTUALLY, FINALLY, WALTER, CAN I TURN IT OVER TO YOU? HELLO? I DON'T THINK HE CAN HEAR YOU. I DON'T KNOW IF WE CAN HEAR HIM YET. HUGH, WE CAN'T HEAR IS WALTER? YES, YOU CAN. YOU HEAR ME? YEAH, WHY DON'T YOU TAKE OVER? I, I HAD STARTED TO MENTION WHAT YOU DID, BUT I THINK IT'D BE BETTER COMING FROM YOU THAN ME. SO I'M GONNA YIELD OVER TO HIM IF YOU GUYS DON'T MIND. THANK YOU. DOES HE KNOW THE QUESTION? DID HE HEAR THE QUESTION? CAN YOU HEAR ME? YES. THERE. YEAH, YOU COULD ASK IT AGAIN, DIANA. I DON'T THINK HE HEARD IT. OH, WALTER, I I'M JUST, I'M JUST CONCERNED ABOUT, UH, IF WE'RE USING SPECIAL PERMIT AND THERE, THERE HAVE BEEN ISSUES WITH, WITH THE USE OF THE SPECIAL PERMIT THAT, UH, HUGH WAS SAYING THAT THINGS HAVE HAVE BEEN ADDED TO, UM, TAKE CARE OF THOSE ISSUES THAT HAVE COME UP. I, I WAS JUST WONDERING IF YOU COULD SPEAK TO THAT. HE IS FROZEN. HE'S FROZEN. HE MAY NOT HAVE HEARD ME. HE'S FROZEN. DIANA? YEAH, I SEE THAT. OH, THERE HE IS. OKAY, NOW WE CAN SEE YOU. WE SEE YOU MOVING, WALTER, YOU'RE MUTED THOUGH. YOU'RE MUTED. THERE YOU GO. OKAY. GOOD. THANK YOU. MM-HMM. . OKAY, NOW, WHAT WAS THE QUESTION? HE ON? OKAY. HE HAS A BAD CONNECTION TO HERE. HELLO? YOU HAVING TROUBLE HEARING YOU? WALTER? CAN YOU HEAR YOU HEAR ME NOW? YES. BETTER. OKAY. I GUESS NOW I HEAR NOTHING. HE MUTED. I DUNNO IF WE LOST. I THINK WE LOST HIM. NOPE, HE MUTED HIMSELF. OH, DID HE MUTE HIMSELF? IS THAT WHAT HAPPENED? UNMUTE WALTER, YOUR COMPUTER, WE CAN'T HEAR YOU. OKAY. YES, THAT'S BETTER. OKAY. SO TELL ME IN WHERE WE'RE, SO [00:15:01] I COULD ANSWER ANY QUESTIONS THAT YOU HAVE AND I DON'T, I DON'T KNOW. CAN YOU, CAN YOU STILL HEAR WALTER? I'M STILL HERE. CAN YOU HEAR ME? YEAH, I KNOW, BUT I THINK YOU'RE GETTING, THEY'RE RIGHT THERE, RIGHT? THERE'S A CERTAIN SPOT THAT WHEN YOU MOVE AWAY FROM IT OR SOMETHING, WE CAN'T HEAR YOU. WELL, IT'S VERY FRUSTRATING. I KNOW. I DON'T KNOW. HUGH, MAYBE YOU WANNA CALL HIM. MAYBE HE COULD DO IT THROUGH THE PHONE. UH, ULTIMATELY, I MEAN, I I TOTALLY UNDERSTAND THE QUESTION. UH, I'M, YOU KNOW, WILLING TO LEND MY, UM, OKAY, GARRETT. I MEAN, IF SOMEONE, I THINK BOB, THEY SAID, HUGH SAID THAT BOB HAD SOME THOUGHTS ABOUT IT. I'M, I'M HAP YOU KNOW, I'M, I'M INTERESTED IN HEARING, WELL, MAYBE, UH, WE COULD HEAR OTHER SPEAKERS THEN. UH, BOB. YEAH. GUYS WANNA HEAR FROM ME? HOW'S YOUR BOB? SURE, BOB. OKAY. UH, WELL, I, I LAID THIS OUT AT THE LAST PUBLIC HEARING, BUT I THINK DIANA, YOUR QUESTION WAS WHY SHOULDN'T THE PLANNING BOARD STUDY, UH, OVERLAY ZONE? UH, AND WHY, WHY SHOULD THEY NOT, WHY SHOULD THEY JUST STICK WITH A SPECIAL PERMIT? UH, RIGHT. AND WHY IS ONE BETTER THAN THE OTHER, BOB? BECAUSE WHAT I'M CONCERNED ABOUT, AND I KNOW THAT YOU ARE CONCERNED ABOUT IT AS WELL, AND OTHERS ARE CONCERNED, IS, ARE OTHER PROPERTIES NOT JUST THIS PARTICULAR PROPERTY, BUT WHERE ELSE THIS CAN GO? YEAH. WELL, THERE THERE ARE TWO. THOSE ARE TWO ISSUES AND THEY'RE SEPARATE. UH, THE FIRST IS WHY SPECIAL PERMIT? AND THE SECOND IS, UM, DO THE CRITERIA ADEQUATELY ADDRESS THE CONCERNS IN TERMS OF OTHER APPLICANTS COMING FORWARD TO BUILD SOMETHING SIMILAR? AND RIGHT. THE, UH, UH, LET ME ADDRESS THE SECOND QUESTION FIRST. UH, THE SECOND QUESTION IS, DO THE CRITERIA REALLY ADDRESS THE CONCERN? AND I THINK AS I EXPLAINED IT LAST TIME, UH, THEY, THEY DO, UH, THE AMAZING THING THAT WE DISCOVERED WAS THAT THE, AND BY WE, I MEAN THE COMMITTEE THAT, THAT LOOKED AT THIS WORKING GROUP WAS THAT WE, IF YOU LOOK AT THE MINIMUM ACREAGE, UH, IF YOU INCREASE THE MINIMUM ACREAGE TO EIGHT ACRES FOR WHAT HAD PREVIOUSLY BEEN FIXED, THE CRITERIA FOR THE A L F COULD BE RETAINED IN ALMOST ALL UH, CIRCUMSTANCES. AND THAT'S IMPORTANT BECAUSE THOSE CRITERIA, UH, WHEN THEY WERE ADOPTED, WERE DEEMED SATISFACTORY FOR, UH, BUILDINGS OF THIS SIZE AND SCOPE IN TERMS OF ENVIRONMENTAL IMPACT. SO IF WE COULD INCREASE THE ACREAGE TO EIGHT, SUDDENLY THE CRITERIA DID NOT LOOK AS, AS INTRUSIVE AND SCARY SHOULD OTHER APPLICATIONS FOR THIS TYPE OF FACILITY BE SUBMITTED. UH, AND THE OTHER THING WE DISCOVERED WAS THAT BRIGHTVIEW HAD SUBMITTED A PROPOSAL IN THE NEIGHBORING TOWN OF MOUNT PLEASANT, UH, FOR, FOR A PROJECT SIMILAR TO ONE. THEY'RE, THEY'RE PROPOSING IN GREENBURG MM-HMM. , WHERE THEY HAD PROPOSED A MINIMUM ACREAGE OF EIGHT ACRES. SO IT DID NOT SEEM TO BE THAT MUCH OF AN ASK. UH, AND, UH, DAVID STEIN, UH, UH, CERTAINLY, UH, CONFIRMED THAT LAST WEEK, UH, IT WASN'T MUCH OF AN ASK TO, TO, TO REQUEST THAT THE LEGISLATION BE AMENDED TO THE MINIMUM ACREAGE EIGHT ACRE. THAT PLUS OTHER CRITERIA THAT HAVE BEEN BUILT IN, UH, IN MY JUDGMENT. AND I THINK THE JUDGMENT OF THE OTHERS ON THE COMMITTEE MADE THIS CHANGE IN THE LAW TO BE NOT THAT, UM, INCONSISTENT WITH ALREADY EXISTING GREENBERG ZONING CODE OR FACILITIES OF THIS CUT. UH, IN ADDITION, RESTRICTIONS HAVE BEEN PUT IN ON LOCATION. THAT WAS A, AS YOU KNOW, A VERY, UH, IMPORTANT, UM, CONCERN ON THE PART OF THOSE OF US WHO WERE DEALING WITH THE PRIOR LAW. UH, AND THOSE RESTRICTIONS MOST IMPORTANT WAS THAT THE, UH, THE SITE BE, UH, THAT IT BE LOCATED ON A STATE ROAD NO LONGER A STATE OR COUNTY ROAD, NO LONGER WITHIN 200 FEET OF THE STATE OR COUNTY ROAD. [00:20:01] WITH THE ACCESS BEING DIRECT AND NON CIRCUITOUS, ALL THOSE ISSUES HAVE NOW GONE BY THE WAYSIDE. 'CAUSE WE HAVE A VERY CLEAN REQUIREMENT THAT IT SHOULD, SHALL BE LOCATED ON A STATE ROAD. UH, THE CRITERIA ALSO INCLUDED THAT THERE BE FRONTAGE OF AT LEAST A HUNDRED FEET ON THE STATE ROAD, ALTHOUGH THE TOWN BOARD HAS GIVEN SOME DISCRETION THERE. BUT WE DID THAT TO ESSENTIALLY LIMIT THE NUMBER OF SITES THAT COULD POTENTIALLY BE USED FOR THIS PURPOSE, UM, BUT NOT ELIMINATING IT SO MUCH THAT THIS BECOMES SPOT ZONE THAT YOU END UP HERE WITH. UH, THERE ARE OTHER OPTIONS, OTHER PLACES WHERE FACILITIES OF THIS TYPE CAN BE LOCATED. UH, SO IT, IT IS NOT SPOT ZONING, BUT THE CRITERIA ON THE WHOLE ARE CRITERIA THAT ARE CONSISTENT WITH THE ALE ASSISTED LIVING FACILITY CRITERIA THAT HAVE BEEN IN EFFECT AND HAS, HAS NOW BEEN MODIFIED OR ABOUT TO BE MODIFIED BY THIS TOWN BOARD. AND SO I THINK THE DEALING WITH, THERE ARE A SERIES OF IMPROVEMENTS THAT WILL MAKE THE LAW MUCH MORE WORKABLE, UH, AND ALLOW THE TOWN BOARD TO HAVE THE DISCRETION IT NEEDS TO BE ABLE TO ADDRESS IMPORTANT ISSUES LIKE AFFORDABILITY, UH, ISSUES WITH RESPECT TO IMPACT ON THE, ON THE COMMUNITY IMPACTS, UH, ON, UH, UH, THE ENVIRONMENT. THE TOWN BOARD NOW HAS THAT DISCRETION BUILT INTO THE STATUTE. UH, THERE WERE CONCERNS ABOUT THE POSSIBILITY OF VARIANCES BEING USED TO ALTER THE CRITERIA. OBVIOUSLY WITH THAT, UH, IN THE PAST, THAT WAS AN UNPLEASANT EXPERIENCE. BUT HERE I THINK THAT THE, THE, THE, THE IMPACT OF THOSE VARIANCES WILL BE LESSENED. IF THERE ARE ANY VARIS, THEY'LL BE LESSENED BY THE FACT THAT WE HAVE REDUCED THE NUMBER OF POTENTIAL LOCATIONS. AND IN ADDITION, WE ARE REQUIRING, OR YOU ARE REQUIRING IN THIS PROPOSAL, UH, THAT THE LAND ALREADY BE AGGREGATED FOR THE MINIMUM EIGHT ACRES OR, OR, OR, OR THEY'RE AGGREGATED AS OF THE TIME OF ENACTMENT. AND THAT'S IMPORTANT BECAUSE BEFORE THERE WAS THIS UNCERTAINTY OF, OF WHETHER LOTS COULD BE AGGREGATED, AND THEN YOU CREATE NEW POTENTIAL SITES. AND HERE WE NOW HAVE SOME MEASURE OF CERTAINTY BECAUSE THE LOTS, THE ACREAGE HAVE HAS TO ALREADY BE AGGREGATED. SO TO ME AND I, AND TO THOSE ON THE, ON THE COMMITTEE AND THE WORKING GROUP, THIS ALLOWED FOR THE CREATION OF A SPECIAL PERMIT THAT MADE THAT VEHICLE OF SPECIAL PERMIT BE ONE THAT WOULD, WOULD WORK FOR THIS TYPE OF FACILITY. AND THEN THE OTHER QUESTION YOU RAISED, DIANA, IS SO WHY SPECIAL PERMIT AND NOT SAY OVERLAY ZONE? AND THERE AT THE, AT THE LAST MEETING, I, I BASICALLY LAID OUT FOUR REASONS. UM, THE FIRST REASON WAS THAT UNTIL NOW, THE TOWN HAS USED SPECIAL PERMITS FOR ALL OTHER FORMS OF SENIOR HOUSING. SO WHETHER IT'S A L F OR WHETHER IT'S NURSING HOMES OR INDEPENDENT LIVING, UH, THEY'RE ALL SUBJECT TO SPECIAL PERMITS. SO THAT'S THE MECHANISM THAT IS USED FOR SENIOR HOUSING. AND THERE'S NOT THAT MUCH DIFFERENCE BETWEEN THE OTHER FORMS OF SENIOR HOUSING AND C C S. SO WHY WOULD YOU ADOPT A DIFFERENT MECHANISM EVEN WITH THE SAME CRITERIA FOR A C, C F AND, AND, AND WHEN YOU DON'T DO IT FOR THE OTHER FORMS OF SENIOR HOUSING? WELL, YOU MIGHT ONLY DO IT, YOU MIGHT ONLY DO IT, BOB, IF THERE WAS A, A BENEFIT THAT YOU WOULD GET, RIGHT? YEAH. AND SO THE BENEFIT ARGUABLY IS, IS, UH, UH, THERE ARE SOME WHO SAY, UH, THAT, UH, WHEN THE TOWN IS AN OVERLAY, IT, UH, UH, IS BASICALLY AN ACT OF THE TOWN BOARD, A LEGISLATIVE ACT WHEN IT DECIDES TO GRANT THE OVERLAY ZONE. AND THAT THAT ARGUABLY GIVES THE TOWN MORE DISCRETION THAN IT MIGHT OTHERWISE HAVE IF IT DID IT BY SPECIAL PERMIT. THAT'S AN ARGUMENT. NO COURT OF APPEALS CASE IN NEW YORK HAS HELD THAT YET. BUT, [00:25:01] UH, I MEAN, I GRANT THAT THAT IS CERTAINLY AN ARGUMENT THAT SHE MADE, BUT I THINK THAT THE, THE, UH, THE BENEFIT TO THE TOWN IN BEING ABLE TO DO THAT IS BEST ARGUABLE. UM, SO I WOULDN'T SAY THAT IT'S A BAD OR AN INAPPROPRIATE, UH, MECHANISM, BUT I WILL SAY THIS, THAT IF YOU INTRODUCE THIS CONCEPT WHERE THE TOWN COURT ARGUABLY DOES HAVE THIS ADDITIONAL DISCRETION BECAUSE THE ACT OF GRANTING THE OVERLAY AS A LEGISLATIVE ACT AS OPPOSED TO AN ADMINISTRATIVE ACT, EVEN IF YOU DID THAT, YOU WOULD STILL BE CREATING A PRECEDENT, A PRECEDENT THAT COULD BE USED BY ANY APPLICANT WHO WANTS INTRODUCED, UH, A COMMERCIAL FORM OF, OF, OF, OF COMMERCIAL USE INTO A RESIDENTIAL AREA. WE'VE SEEN THIS, FOR EXAMPLE, THERE'S BEEN A IDEA OF INTRODUCING, UH, SELF STORAGE UNIT IN RESIDENTIAL ZONES USING AN OVERLAY ZONE. UM, THE POSSIBILITY EXISTS OF MEDICAL FACILITIES BEING SUBJECT TO AN OVERLAY ZONE BY PLACING THEM IF CERTAIN CRITERIA IN RESIDENTIAL ZONE. AND SO BY USING THE SPECIAL PERMIT, YOU ARE IN EFFECT SAYING THAT WE MAY WANNA DO AN OVERLAY ZONE SOMEDAY, BUT THE CASE HAS NOT BEEN MADE DOING IT HERE. IT MAY BE NECESSARY TO DO IT ELSEWHERE, BUT NOT HERE. AND THAT'S WHY I, I, I THINK THAT, UH, ON THE WHOLE, UM, THIS IS A MORE APPROPRIATE USE CONSIDERING THAT IT'S DONE FOR ALL OTHER FORMS OF SENIOR HOUSING. AND THERE MAY WELL COME A TIME WHEN YOU WANNA USE OVERLAY ZONE. UH, BUT IT'S NOT, THE, THE CASE HASN'T BEEN MADE. WE'RE DOING THAT HERE FOR JUST USE C, C, F BECAUSE WE'RE ABLE TO CRAFT THIS CRITERIA THAT I THINK WE THINK PROTECTS THE TOWN FROM. SHOULD THERE BE OTHER APPLICANTS WHO SEEK TO GO SOMETHING SIMILAR? DOES THAT ADDRESS THE ANSWER? YEAH, I JUST LIKE, CAN YOU HEAR ME? YES, WALTER. OKAY. UH, UH, I JUST WANT TO SUPPORT WHAT BOB HAS HAS SAID IN TERMS OF, OF THE DIFFICULTY OF THE OVERLAY. UH, BECAUSE WE DON'T HAVE A LOT OF HISTORY IN TERMS OF APPLYING THE OVERLAY. WHEN WE WERE TRYING TO LOOK AT THE BENEFIT OF A STRAIGHT FLOATING ZONE AND A SPECIAL PERMIT, THERE WAS HOURS AND HOURS AND HOURS OF LEGAL RESEARCH WAS DONE BY, BY, UH, THE, OF THE WORKING GROUP. AND, AND, AND THE END. WE COULD NOT DEFINITIVELY SAY THAT THE FLOATING ZONE WILL GIVE US ANYTHING MORE THAN WHAT WE CAN ACHIEVE WITH A SPECIAL PERMIT. AND WE KNOW THE FLOATING ZONE. THAT WILL PROBABLY GIVE US LESS GRAND, UH, UH, UH, GRANULARITY, UH, GRANULAR, UH, UM, ABILITY TO REALLY EVALUATE THIS OVERLAY OVER A FLOATING ZONE THAT WE'RE NOT CLEAR ABOUT. WHEN YOU HAVE A SPECIAL PERMIT THAT WILL GIVE YOU ALL THOSE IN WHAT IS THE, I WE DO NOT SEE THE VANTAGE, UH, A FLOATING ZONE AND DEFINITELY EVEN LESS ADVANTAGE THAT WE COULD IDENTIFY. I THINK BARBARA'S ABSOLUTELY RIGHT. I MEAN, WE DON'T KNOW WHAT THE COURT GROUP MIGHT SAY, BUT WE DON'T HAVE ANYTHING THAT WE COULD DEPEND ON THAT WILL GIVE US GREATER, UH, PROTECTION THAN, UH, A, A STRAIGHTFORWARD, UH, SPECIAL PERMIT. THE OTHER ISSUE THAT WAS RAISED IS, IS, UM, UH, THE ABILITY OF THE ZONING BOARD TO HAVE AN EFFECT ON THIS, BUT THE TITLE YOU WRITE THE LAW, THE LESS ABILITY THAT THE ZONING BOARD WILL HAVE TO MODIFY. SO, UH, AS I UNDERSTAND IT, [00:30:01] THE ZONING BOARD CAN DETERMINE, SAY IF WE SAY IT'S A HUNDRED FEET, THEY COULD, THEY COULD MAKE A VARIANCE TO SAY TO MAKE IT 90, 90 FEET, BUT I DON'T BELIEVE THAT THEY COULD MAKE A VARIANCE TO SAY THAT IT CAN'T BE ON THE TOWN ROAD. SO THEY'RE SORT OF LIMITED AS TO WHAT THEY CAN DO. SO I THINK WHEN YOU TAKE ALL OF THIS INTO EFFECT, WHY GO THROUGH THE EXTRA, UH, WORK AND NOT COMING UP WITH ANYTHING THAT WE COULD SEE, IT WOULD BE BETTER THAN A SPECIAL PERMIT. NOW, IF A, UH, UH, FLOATING ZONE WITH A SPECIAL PERMIT, I WOULD ENCOURAGE THAT THE TOWN BOARD DO NOT REFER THAT TO THE PLANNING BOARD, BECAUSE WHAT WILL HAPPEN, WE DON'T HAVE ENOUGH INFORMATION TO MAKE A GOOD, A RATIONAL DECISION ON THAT. SO WE WOULD HAVE TO SPEND MORE TIME LOOKING THROUGH THE LAW, UNDERSTANDING THAT LAW AND, AND THE LAND, THE PROJECT. AND IN THE END, I DON'T SEE WHAT POSSIBLE BENEFIT WE CAN GET OVER A SPECIAL PERMIT. SO I TOTALLY AGREE WITH THE, ALL THE POINTS THAT, UH, BOB JUST RAISED, THAT DEFINITELY, UH, SUPPORT A SPECIAL PERMIT. DIANA, THERE WAS ONE OTHER POINT TOO ON FLOATING ZONE, AS YOU RECALL. AND THIS WAS DISCUSSED IN DETAIL ON THE COMMITTEE. UM, SO TAKE FLOATING ZONE OFF THE, OFF THE MAP COMPLETELY IS THE FACT THAT IT CHANGES THE UNDERLYING ZONE. SO YOU'RE SITTING THERE, LET'S SAY 20 YEARS FROM NOW, C C F GOES UNDER, YOU'RE GONNA HAVE TO CHANGE THE ZONING AT THAT POINT TO SOMETHING ELSE, VERSUS IN THE CASE OF A SPECIAL PERMIT, THE UNDERLYING ZONE REMAINS SO THAT YOU STILL HAVE THE RESIDENTIAL USE UNDERNEATH THAT AS A POSSIBILITY IF THERE SOMETHING HAPPENS WITH THE CCF F THAT'S NOT TRUE WITH A FLOATING ZONE. UM, GARY, COULD I COMMENT? YEAH, IT'S . SO, UH, MIKE SIEGEL. YEAH. UM, OF, FIRST OF ALL, I'D LIKE TO CONGRATULATE, UH, THE COMMISSIONER AND THE TOWN BOARD FOR RUNNING A MUCH MORE DIGNIFIED DEMOCRATIC PROCESS THAN WE ALL SAW. NOT, UM, REGARDLESS OF WHICH PARTY, UH, ONE IS WITH THE BAR WASN'T VERY HIGH . UM, COUNCILWOMAN JUT, I, I WOULD, ON BEHALF OF C A C, UM, I'D LIKE TO JUST MAKE A FEW VERY SHORT COMMENTS. UH, THE C A C HAS BEEN STUDYING THIS SINCE FEBRUARY, UM, AND THE C A C AGREES WITH THE STATEMENTS HAVE BEEN MADE BY, UH, UM, CHAIRMAN SIMON OF THE, UM, PLANNING BOARD. AND, UH, MR. BERNSTEIN, WHO IS PRESIDENT OF ONE OF THE LARGER AND VERY ACTIVE PACIFIC ASSOCIATIONS, UH, IN THE TOWN. UM, ALSO AS BOB ALLUDED TO, UH, VERY BRIEFLY, BUT PROBABLY I THINK UNDERSTATED, UH, AS BOB, OF COURSE, VERY UNDERSTATED HOW HE PRESENTS THINGS. UM, THE RESIDENTS ARE JUST SCARED OF THE PRESIDENTIAL OF THE PRESIDENTIAL IMPACT OF FLOATING ZONES AND OVERLAY ZONES. UH, WE DON'T KNOW ENOUGH ABOUT 'EM, AND WE ARE SCARED BECAUSE ALL OF ALL ZONING DECISIONS HAVE TO BE NOT, NOT ARBITRARY, NOT CAPRICIOUS, AND NOT DISCRIMINATORY IN SEAT IN, UH, HOW THEY TREAT SIMILAR SITUATED APPLICANTS AND RESIDENTS ARE, AND HAS COME TO THE C A C TOLD BY RESIDENTS. THEY ARE JUST SCARED OF THIS CONCEPT. ON THE OTHER HAND, WE HAVE A, A, WE HAVE A, A TECHNIQUE WE'VE USED FOR ALL OTHER SENIOR HOUSING. UM, IT IS, UM, UM, UH, BOB HAS DESCRIBED, UH, UH, THINGS THAT HAVE BEEN PUT INTO THIS, UH, SPECIAL PERMIT LOCAL LAW THAT HAVE TRIED TO SUGGEST THAT, TRIED TO ADDRESS SOME OF THE PROBLEMS WITH 'EM. WE ALL KNOW THAT SPECIAL PERMITS ARE NOT PERFECT, BUT AN EFFORT HAS BEEN MADE TO, UM, TO TRY TO ADDRESS SOME OF THE DEFICIENCIES. UH, UM, UM, BUT IT, IT DOESN'T FOLLOW BECAUSE IT'S NOT PERFECT THAT WE GO DOWN A ROAD WE'VE NEVER BEEN BEFORE, AND A ROAD WHICH IS SOMEWHAT MURKY AND [00:35:01] SOMEWHAT UNCLEAR AND THE SCARES RESIDENTS. SO WE, THE C A C IS CONCLUDED THAT THE MOST CONSERVATIVE AND THE MOST SUREFOOTED THING TO DO IS TO DO THE SPECIAL IS TO RECOMMEND TO THE TOWN BOARD, UH, UH, WHAT THE COMMISSIONER HAS JUST DESCRIBED. AND THE FINAL THING I WANNA SAY IS THE C A C VOTED LAST WEEK TO RECOMMEND TO THE TOWN BOARD THAT THE C A C PROVIDE VIA THE SPECIAL PERMIT LOCAL LAW DESCRIBED BY THE COMMISSIONER. UM, AND, UH, SUBSTANTIALLY, UH, UH, IN THE FORM THE COMMISSIONER HAS DRAFTED, UM, AND, UH, COUNCILWOMAN JUDAH, IF, IF, IF, I HOPE THAT'S RESPONSIVE TO, TO, TO YOUR INQUIRY, BUT IF NOT, PLEASE, PLEASE ASK ME FOLLOW UPS QUESTION. I THINK BOB WANTED TO SAY SOMETHING. YEAH. UH, AT THE RISK OF BEING SLIGHTLY WONKY, UM, THERE IS A DANGER IN USING THE OVERLAY ZONE AS A MECHANISM THAT THE DANGER IS THAT, UM, IF YOU'RE A RESIDENT WHO DOESN'T LIKE A PROPOSED APPLICATION, THE SPECIAL PERMIT, UM, AND ITS CRITERIA ARE, UH, ESTABLISHED A FRAMEWORK THAT, UM, CREATES AN ADMINISTRATIVE THAT CAN BE USED BY, UH, BOTH THE APPLICANT AND ANYONE CHALLENGING THE APPROVAL TO BE ABLE TO ESTABLISH WHETHER THERE WAS EVIDENCE IN THE RECORD TO SUPPORT THE DECISION THAT THE TOWN BOARD MADE, WHETHER THE, WHETHER THEY WANT TO CHALLENGE THE DECISION BECAUSE THEY CLAIM THERE'S A LACK OF EVIDENCE OR BECAUSE THEY WANNA SUPPORT THE DECISION. 'CAUSE THEY SAY THAT THERE WAS EVIDENCE THAT'S THE TRIED AND TRUE, UH, PROCEDURE FOR SPECIAL PERMIT. WHEN YOU'RE TALKING ABOUT AN OVERLAY ZONE, AN OVERLAY ZONE, IF IT HAS ANY ADVANTAGE AT ALL, IT GIVES THE TOWN BOARD DISCRETION BECAUSE THE ACT OF CREATING AN OVERLAY ZONE IS DEEMED A LEGISLATIVE ACT. AND LEGISLATIVE ACTS ARE ACTS THAT ARE OFTEN GIVEN, UH, UH, SOME DEFERENCE TO BY THE COURT, LIKE ANY OTHER LEGISLATIVE ACT, ANY OTHER RESOLUTION YOU MIGHT ADOPT, IF YOU THINK IT'S IN YOUR BEST JUDGMENT TO ENACT IT, IT'S NOT TETHERED NECESSARILY TO THE EVIDENCE THAT WOULD BE REQUIRED ON A SPECIAL PERMIT. AND SO, BECAUSE OF THAT, WHILE A OVERLAY ZONE MAY GIVE THE TOWN BOARD MORE DISCRETION, ARGUABLY, AND AS I SAID, THE COURT OF APPEALS HAS NOT WEIGHED IN ON THAT, BUT THAT'S A THEORY. UH, AND, AND THERE MAY BE A QUARTER OR TWO WHO BELIEVE THAT, BUT IF THAT WERE THE LAW THAT COULD DO A SERIOUS INJUSTICE TO THOSE RESIDENTS WHO OPPOSE DOWN THE ROAD, AN APPLICATION, FOR EXAMPLE, IF THERE WERE TO BE AN APPLICATION TO BUILD A SOLAR FARM IN A RESIDENTIAL NEIGHBORHOOD, SAY, YOU KNOW, OVER NEAR THE TAX OR IN EAST IRV, OR THERE WERE TO BE A PROPOSAL TO PUT IN A, UM, SOUTH STORAGE FACILITY ON DOBBS FERRY ROAD, WHICH IS RESIDENTIAL, OR THERE WERE TO BE, UH, MEDICAL FACILITIES PROPOSED IN ANY OTHER RESIDENTIAL AREA, MIGHT BE A GOOD IDEA THAT, YOU KNOW, DOWN THE ROAD, UM, AFTER ALL CCFS, YOU KNOW, ARE GONNA HAVE NURSES ON STAFF, THEY'RE MEDICAL FACILITY. BUT IF IT WERE DONE PURSUANT TO OVERLAY AND A COURT WERE TO FIND THAT IT DOESN'T MATTER WHETHER THE CRITERIA, THE EVIDENCE IS THERE TO FIT THE CRITERIA, IF THE TOWN BOARD GETS JUDGMENT, THINKS IT'S A GOOD IDEA TO DO POLITICALLY IN ITS LEGISLATIVE JUDGMENT, THEN THOSE RESIDENTS, THOSE HOMEOWNERS WHO ARE OPPOSED TO THIS THING, WHATEVER IT MAY BE, WILL HAVE LITTLE OR NO RECOURSE IN COURT TO CHALLENGE IT. AND THAT'S WHY THE SPECIAL PERMIT CRITERIA, THE SPECIAL PERMIT IN, IN MY JUDGMENT, AND I THINK THAT OF THE, MY COLLEAGUES ON THIS WORKING COMMITTEE, [00:40:01] WE FELT THAT THAT IS THE, A MORE ESTABLISHED, WORKABLE WAY OF WORKING THE TOWN THROUGH A LAND USE APPLICATION THAT MIGHT ARGUABLY BE CONTROVERSIAL BECAUSE IT TETHERED TO A SERIES OF CRITERIA THAT WE HAVE ALL WORKED THROUGH THAT WE THINK ARE IN THE BEST INTEREST OF THE TOWN IN TERMS OF PROTECTING THE TOWN'S INTEREST, PROTECTING THE INTEREST OF NEIGHBORING PROPERTY OWNERS, AND PROTECTING THE INTEREST OF, OF, UH, UH, OTHER AGENCIES THAT ARE GONNA BE AFFECTED BY THE APPLICATION. THAT CRITERIA AND THE REQUIREMENT THAT THERE BE EVIDENCE PRODUCED IN SUPPORT OF THE APPLICATION, UH, TO SATISFY THE APPLICATION FOR THE DOWNWARD ACT THAT IS THE PROTECTION THAT RESIDENTS NEED AND GET FROM USING THE SPECIAL PERMIT MECHANISM. SORRY TO BE WONKY, BUT THAT, I WANNA MAKE THAT PART OF THE RECORD. THANK YOU. SO LET, LET ME, LET ME BE WONKY TOO. SO WE HAVE THREE, WE HAVE THREE OPTIONS. WE HAVE THE, THE FLOATING ZONE, WE HAVE THE OVERLAY ZONE, AND WE HAVE SPECIAL PERMIT, AND THEN WE HAVE DIFFERENT REQUIREMENTS FOR THE SPECIAL PERMIT. SO THE FLOATING ZONE HAS A LOT OF MERIT TO IT, BUT AS MENTIONED, BE AS WAS MENTIONED, IT DOES TAKE AWAY THE UNDERLYING ZONE. SO THE WAY TO SOLVE THAT IS TO USE AN OVERLAY ZONE. THE OVERLAY ZONE WOULD KEEP THE UNDERLYING ZONE. SO SHOULD THE CONTINUUM OF, OF, UH, CARE FACILITY, UH, GO OUT OF BUSINESS OR WHATEVER, THERE WOULD STILL BE AN UNDERLYING ZONE. BUT AS YOU HEARD, THERE'S A TREMENDOUS, THERE'S TREMENDOUS DISCRETION THAT'S GIVEN TO THE TOWN IN PUTTING AN OVERLAY ZONE ON, OR NOT PUTTING AN OVERLAY ZONE ON. SO IF THERE IS A PROPERTY THAT THE TOWN BOARD DOES NOT THINK WOULD BE APPROPRIATE, THEY REALLY COULD SAY NO. AND IF THERE WAS A PROPERTY WHERE THE PUBLIC WAS OUTRAGED AND DID NOT WANT IT TO GO IN THERE, AND THE TOWN BOARD SAID, YES, WE'RE PUTTING IT IN, IN THERE, YOU KNOW, SO UNDERSTANDABLY, YOU KNOW, THE PUBLIC IS CONCERNED THAT THE TOWN BOARD MAY MISUSE AN OVERLAY ZONE. SO WHY START USING OVERLAY ZONES? BECAUSE THAT MIGHT START A SERIES OF OVERLAY ZONES ON OTHER PROPERTIES. WE'RE TRYING TO ADDRESS THIS PARTICULAR PROPERTY AND THIS PARTICULAR, THIS PARTICULAR NEED IN OUR TOWN. SO ZONING, THE FLOATING ZONE BECAME A, A FOUR LETTER WORD FLOATING, EVEN THOUGH IT'S NOT FOUR LETTERS, THE OVERLAY ZONE, YOU KNOW, NOT, YOU KNOW, IT SOLVES A PROBLEM, BUT THERE'S CONCERN THAT IT MAY BE MISUSED. IT'S NOT A BAD THING TO USE HERE, IT'S JUST IT MAY BE MISUSED IN THE FUTURE. WHILE THOSE WERE BEING PROMOTED, WE WERE ASKED TO TAKE A LOOK AT INSTEAD A, WHICH WE DIDN'T ASK FOR, BUT LOOK AT A SPECIAL PERMIT, UH, WITH A, WITH A SIX ACRE REQUIREMENT TO IT. AND FRANKLY, THERE WERE NO THREE VOTE. THERE WEREN'T THREE VOTES ON THE BOARD FOR A SIX ACRE REQUIREMENT. THAT WAS WHAT WAS RECOMMENDED TO US, THOUGH BY THE PLANNING BOARD AND C A C. AND WHY WAS THAT AN ISSUE? IS BECAUSE UNLIKE THE FLOATING ZONE AND THE OVERLAY ZONE, WHICH WOULD ZONE PUT A ZONING ON A PARTICULAR PROPERTY, THE SPECIAL PERMIT METHOD MAKES IT AS, AS MR. BERNSTEIN SAID, MAKES IT SO THERE'S VERY CLEAR CRITERIA THAT A COURT COULD LOOK AT. AND THAT WAS PART OF THE PROBLEM IS SPECIAL PERMIT CRITERIA. IF YOU MEET THE CRITERIA, THERE'S NO DISCRETION IN STOPPING IT FROM GOING ON OTHER PARCELS WHERE YOU MAY NOT ANTICIPATE THEM GOING. AND SO THAT WAS THE DISTINCTION. SPECIAL PERMIT IMMEDIATELY AFFECTS OTHER PARCELS OVERLAY AND FLOATING. IT DOES NOT. HOWEVER, BY EXPANDING THE SPECIAL PERMIT TO EIGHT ACRES AND PUTTING SOME OTHER PROVISIONS IN THERE, FOR EXAMPLE, A CONSERVATION EASEMENT THAT WOULD EVENTUALLY BE IN THE SAME OWNERSHIP AS THE, AS THE PARCEL IN QUESTION FOR THE C C F, UH, WHICH IS A PROVISION THAT IS IN THERE AND BEING WORKED EVEN MORE INTO THE, UH, SPECIAL PERMIT CONDITIONS, THAT SEEMS TO ADDRESS A LOT OF THE CONCERNS ABOUT THE CONDITIONS HAVING A NEGATIVE IMPACT ON OTHER PARCELS OR OTHER PARCELS BEING POTENTIAL SITES THAT WE DIDN'T CONSIDER, UH, WHEN WE WERE LOOKING AT THE CONDITIONS. SO FRANKLY, IT SEEMS [00:45:01] LIKE THERE IS A, UM, FORWARD MOVEMENT IN A SPECIAL PERMIT OF, UM, C C F APPROVAL PROCESS WITH AN EIGHT ACRE MINIMUM. AND THAT THERE ARE OTHER CRITERIA THAT WOULD BE IN THERE. AND BIG FOR ME AND OTHERS ON THE BOARD IS THAT, THAT THAT, UM, CONSERVATION EASEMENT AT SOME POINT BE BROUGHT IN AND BE IN THE OWNERSHIP OF THE WHOEVER OWNS THE, UH, THE C C F PROPERTY. AND SO A LOT OF WORK HAS BEEN DONE. A LOT OF GOOD WORK HAS BEEN DONE. I AGREE THERE'S NO SENSE IN SENDING THE OVERLAY ZONE TO THE PLANNING BOARD. UH, BUT WE NEED TO BE CLEAR HERE IS THAT WHAT WE SEND TO THE PLANNING BOARD AN EIGHT ACRE SPECIAL PERMIT, THERE IS NO GOING BACK NOW, RIGHT? BECAUSE WE'RE NOT GOING TO HAVE THE OVERLAY ZONE GO FLOATING ZONE IS OFF THE TABLE. SO WHETHER OR NOT THIS GETS BUILT OR NOT BUILT IS IN MANY RESPECTS GOING TO BE A, UM, IN A MAJORLY IMPACTED BY THE PLANNING BOARD, GETTING BACK A RECOMMENDATION TO US. UM, AND FOR THE APPLICANT TO STATE THAT THIS IS WORKABLE AND THAT THE OTHER PARCELS WHERE THIS POSSIBLY COULD GO, RIGHT? WE COULD DO AS BEST WE CAN TO ANTICIPATE WHAT THE IMPACTS WOULD BE ON THOSE, THOSE PROPERTIES. UM, AND WE COULD DO THAT IN A RELATIVELY SHORT PERIOD OF TIME. SO IT SEEMS LIKE WE HAVE A CONVERGENCE OF OPINIONS THAT ARE COMING TOGETHER, WHICH IS ALWAYS GREAT WHEN THERE'S TEAMWORK. AND YES, YOU KNOW, THERE WAS A GROUP OF US THAT WE'RE WORKING ON COMING UP WITH ALTERNATIVES AND MAKING THE SPECIAL PERMIT EIGHT ACRE WORK. UM, AND WE THINK WE'RE CLOSE. WE REALLY DO THINK WE'RE CLOSE, UH, TO HAVING SOMETHING THAT, UH, UH, YOU KNOW, ADDRESSES COUNCILMAN BUTTNER'S CAN CONCERN, YOU KNOW, REGARDING SPECIAL PERMITS BECAUSE SHE'S, UH, WAS EXPRESSING THE SAME TYPE OF CONCERN ONCE YOU DO A SPECIAL PERMIT, UM, YOU'RE NOW ANY PROPERTY THAT MEETS THOSE CONDITIONS, THEY CAN BUILD AND THERE'S REALLY NOT MUCH THE TOWN COULD DO ABOUT IT. SO IN ONE RESPECT, THERE WAS ONE THAT GAVE, GAVE GREAT, UH, DEFERENCE TO THE TOWN BOARD'S POSITION, AND THERE'S ANOTHER ONE SPECIAL PERMIT, WHICH GIVES GREAT DEFERENCE TO THE PROPERTY OWNER. THEY MEET THE CONDITIONS. UH, WE ARE GOING TO GO AT THE RECOMMENDATION OF MANY PEOPLE WITH THE SPECIAL COMMIT VERSION OF THAT. AND IT'S A MATTER OF WORKING OUT THE DETAILS. I DON'T THINK THE NEXT PUBLIC HEARING, WHICH IS DEALING WITH THE OVERLAY ZONE SHOULD BE VERY LONG SINCE, UH, I'M GOING TO RECOMMEND WE NOT REFER THAT TO THE PLANNING BOARD THAT WAS, WAS RECOMMENDED TO US. 'CAUSE I, FRANKLY, I THINK IT'S A WASTE OF TIME. SO WHETHER OR NOT THIS GOES FORWARD, UM, AND GETS BILLED WILL LARGELY BE IN THE HANDS OF THE PLANNING BOARD, UH, AGREEING TO AN EIGHT ACRE SIZE AS OPPOSED TO A SIX ACRE SIZE AND SOME OF THE OTHER PROVISIONS THAT WE PUT IN THERE. AND I'M SURE THAT THEY COULD DO THAT AND EVALUATE THAT FAIRLY QUICKLY AND GET BACK TO US WITH A, UH, REPORT RECOMMENDATION AND THERE'LL BE A RESOLUTION TO THAT EFFECT ON THE AGENDA. UH, YEAH, I JUST WANT TO, UH, THANK EVERYBODY FOR, UM, UH, WORKING IN PARTNERSHIP AND TRYING TO COME UP WITH, UM, YOU KNOW, CONSENSUS. YOU KNOW, I THINK THIS IS GOVERNMENT AT, AT ITS BEST WHEN, YOU KNOW, THE CIVIC ASSOCIATION LEADERSHIP, UM, AND, UM, THE PLANNING AND PLANNING BOARD CONSERVATION ADVISORY, UM, YOU KNOW, BOARD, UM, THE, YOU KNOW, TOWN BOARD, UM, YOU KNOW, WHEN WE'RE ALL BASICALLY TRYING TO RESOLVE A PROBLEM AND WORK TOGETHER AND, YOU KNOW, GET SOMETHING ACCOMPLISHED. SO, THANK YOU, UH, SUPERVISOR, I BELIEVE DAVID SIMON, CAN I JUST ADD SOMETHING BEFORE WE GO? WELL, YEAH, WE'LL, WE'LL GET TO EVERYONE. UM, UH, DAVID SIMONS, YOU HAD A COMMENT VERY BRIEFLY, MR. SUPERVISOR MEMBERS OF THE TOWN BOARD, DAVID STEIN METS ON BEHALF OF BRIGHTVIEW SENIOR LIVING, I JUST WANTED TO RESPOND TO WHAT I, WHAT SEEMED LIKE A PARTIAL QUESTION FROM COUNCILMAN SHEEN. YES. ON BEHALF OF BRIGHTVIEW, WE DO PERCEIVE, UH, THAT WHAT YOU HAVE CRAFTED IS A QUOTE WORKABLE SOLUTION. AND JUST UNDERSCORING ONE OF THE COMMENTS IN TERMS OF UPCOMING PROCEDURE, I JUST NEED TO REMIND THE TOWN BOARD AND THE COMMUNITY THAT TIMING IS CRITICAL, NOT ONLY FOR BRIGHTVIEW, BUT ALSO FOR METROPOLIS COUNTRY CLUB. SO IF IN FACT, THE MATTER IS BEING REFERRED [00:50:01] TO, UM, THE PLANNING BOARD, AND IF THE PLANNING BOARD IS EXPECTED TO MAKE A REPORT BACK TO THE TOWN BOARD ON THE, WHAT THE COUNCILMAN HAS REFERRED TO AS THE EIGHT ACRES SPECIAL PERMIT, AND TO THE EXTENT THAT THE CHAIR AND THE VICE CHAIR OF THE PLANNING BOARD ARE HERE AND GLAD THAT THEY HAVE BEEN AS INVOLVED AS THEY, AS THEY HAVE BEEN, WE WOULD SIMPLY ASK THAT, UH, IF AT ALL POSSIBLE, THIS BE, UM, ADDRESSED AS EXPEDITIOUSLY AS YOU CAN. IF, UH, THIS IS GOING TO BE ON THE PLANNING BOARD'S AGENDA NEXT WEEK, UM, NEXT WEEK, I GUESS HUGH AND WALTER, UH, WE, WE WILL CERTAINLY BE THERE TO ANSWER ANY QUESTIONS, BUT WE WOULD BE DELIGHTED IF YOU COULD GENERATE THAT REPORT BACK TO THE TOWN BOARD PROMPTLY. THANKS. SORRY, I'M SORRY, CHAIRPERSON. SIMON, YOU HAVE AN ADDITIONAL COMMENT? I BELIEVE, UM, WALTER, BEFORE YOU GO, PARDON ME WHILE WE HAVE THE ATTORNEY, UH, I JUST WANNA MAKE IT CLEAR, BECAUSE APPARENTLY IT WASN'T OH, YEAH, I JUST WANT, YEAH. UM, I, YEAH. AM I, AM I SPEAKING NOW? YEAH, GO AHEAD, WALTER. I'LL, I'LL, I'LL DO IT AT YOU. OKAY. UH, UH, UH, UH, UM, UH, UH, FRANCIS, I FULLY APPRECIATE THE COMMENT THAT, UH, IT'S IN THE PLANNING BOARD'S PLAN TO WORK ON THIS EXPEDITIOUSLY. UH, PRELIMINARILY, UH, UH, UH, I WORKED OUT THE, THE AGENDA WHICH PLAN, SO PUTTING THIS ON NEXT WEEK'S AGENDA, UH, IF YOU LOOK AT THE CURRENT PLAN VERSUS WHAT WE SUBMITTED, UH, WITH THE, WITH SOME IMPROVEMENTS IN TERMS OF, UH, UH, UH, EMERGENCY ACCESS AND MAKING SURE THAT, UH, UM, UH, THERE ISN'T A OVERBURDEN ON OUR, UM, EMERGENCY SERVICES. THIS IS THE SAME PLAN THAT WE RECOMMENDED EXCEPT WE ADD TO A, SO, I, I CAN'T MAKE THAT DECISION NOW AND PREDICT WHAT THE PLANNING BOARD WILL DO, BUT I DON'T ANTICIPATE THIS BEING A LONG DRAWN OUT PROCEDURE BECAUSE IT REALLY ISN'T THAT MUCH A CHANGE FOR WHAT WE RECOMMENDED. AND EVEN AT THE, WHEN WE TALKED ABOUT THE SIX ACRES, THERE ARE SOME BOARD MEMBERS ABOUT THAT IT REALLY SHOULD BE MORE THAN THE SIX ACRES. SO IT IS NOT AN UNREASONABLE, UH, PROPOSAL THAT IS COMING BACK TO THE PLANNING BOARD. SO I WOULD ANTICIPATE THAT WE WILL BE ABLE TO MAKE A DECISION IN A FAIRLY, UH, SHORT TIME. RIGHT. AND THAT, AND, AND THAT'S GREAT TO HEAR. AND WE'RE NOT LOBBYING THE PLANNING BOARD BECAUSE THAT WOULD BE A VIOLATION OF THE EVIDENCE CODE. THE, UM, THE, UH, DAVID, I JUST WANNA MAKE IT CLEAR BECAUSE, UH, IN, IN THE INTERIM I LEARNED THAT MAYBE IT WASN'T CLEAR, ONE OF THE PROVISIONS REGARDING THE CONSERVATION EASEMENT, AND, AND THAT IS, AND THIS IS DIFFERENT THAN THE ORIGINAL PROPOSAL, WALTER, IS THAT AT SOME POINT, SHOULD THE, I'LL, I'LL USE METROPOLIS, BUT IT APPLIES TO THE PROPERTY, BUT JUST SO EVERYBODY KNOWS WHAT WE'RE TALKING ABOUT, I'LL USE METROPOLIS AND I'LL USE BRIGHTVIEW. SO BRIGHTVIEW WOULD BE WHAT I'M CALLING THE, ONE OF THE, UH, DAUGHTER PROPERTIES FROM THE, THE PARENT, WHICH IS THE METROPOLIS, THE LARGE A HUNDRED PLUS ACRE PROPERTY. SO WHAT'S ANTICIPATED HERE IS THAT METROPOLIS, WHICH IS OVER A HUNDRED ACRES, WILL HAVE THE SUBDIVIDED INTO THREE PARCELS. BUT ANYTHING, JUST POINT THIS OUT TO ME. ONE WOULD BE BRIGHTVIEW PARCEL, ONE WOULD BE THE CONSERVATION, UH, DISTRICT, UH, PARCEL, AND ONE WOULD BE THE REMAINDER OF METROPOLIS. SO FAR SO GOOD. SO MM-HMM. . SO COUNCILMAN SHEEN, THE ONLY THING I WANT TO, I WANT TO CORRECT IT. IT'S NOT SO MUCH A CONSERVATION QUOTE DISTRICT AS IT IS A CONSERVATION EASEMENT PARCEL. OKAY, FAIR ENOUGH. I DON'T WANT ANYONE TO THINK THAT THERE'S A ZONING CHANGE ASSOCIATED WITH THAT. IT IS NOT. UM, AND YES, IT WAS EXPLAINED AND, AND CLARIFIED BY STAFF THAT THERE WOULD ULTIMATELY BE A CONVEYANCE, UM, BY METROPOLIS COUNTRY CLUB TO THE BRIGHTVIEW PARCEL, IF, AS AND WHEN THE, THE METROPOLIS COUNTRY CLUB CEASES TO OPERATE AS A COUNTRY CLUB AND GOLF COURSE, UH, AND IS IS SUBJECT TO REDEVELOPMENT. SO, PERFECT. 'CAUSE THAT'S EXACTLY THE POINT THAT I THINK NEEDS TO BE CLARIFIED. THAT WAS NEVER MY POINT, IS THAT WHEN IT CEASES TO BE A GOLF COURSE, UH, A, UH, A GOLF COURSE, WHAT I MENTIONED ABOUT HOW DO WE MAKE THIS SO THAT THE EIGHT [00:55:01] ACRES COULD REALLY APPLY TO THE DENSITY OF BRIGHTVIEW PARCEL, IT WAS THAT AT SOME POINT IT WOULD COME BACK INTO OWNERSHIP OF THE, IT WOULD COME INTO OWNERSHIP OF BRIGHTVIEW. SO IT WOULD BE AN EIGHT ACRE PARCEL. WHEN WOULD THAT OCCUR? I NEVER SAID, WHEN METROPOLIS CEASED TO FUNCTION, I SAID THAT IF THERE'S ANY FURTHER SUBDIVISION OF THE METROPOLIS PARCEL, THEN THAT WOULD KICK IT IN. I DON'T WANT TO HAPPEN IS THAT WE DO THIS CONSERVATION EASEMENT, AND THEN 10 YEARS FROM NOW, METROPOLIS SAYS, YOU KNOW WHAT? WE NEED TO OPERATE 10 ACRES IN THE BACK, SUBDIVIDE THAT OUT, AND PUT UP HOUSING BECAUSE THAT'S WHAT WE NEED TO SURVIVE. AND THEN 15 YEARS LATER, I NEED THIS SIX ACRE PIECE OVER HERE TO BE DEVELOPED. AND SO, OVER THE COURSE OF A HUNDRED YEARS, YOU KNOW, LITTLE BY LITTLE, YOU STILL HAVE THE GOLF COURSE IN OPERATION, BUT IT'S REALLY, IT'S REALLY NOT WHAT'S INTENDED. SO I JUST WANT TO BE, 'CAUSE I LIKE TO BE CLEAR, AND I KNOW YOU DO TOO MM-HMM. , I LIKE TO BE CLEAR THAT WHAT IS ON THE TABLE, WHAT'S GOING TO BE PUT INTO, INTO, IN THIS CASE, WE'RE TALKING ABOUT A RESTRICTIVE, UH, COVENANT IN ADDITION TO A CONSERVATION EASEMENT, BECAUSE FRANKLY, WE'RE NOT SURE HOW YOU DO THE TRANSFER AS A CONSERVATION EASEMENT. UH, THERE WOULD BE, IF THERE'S A FURTHER SUBDIVISION OF THE PARENT PARCEL, THAT'S WHAT WOULD TRIGGER THIS. AND SO THAT'S WHAT WE'RE, THAT'S WHAT WE ARE, THAT'S WHAT I AM PROPOSING. THAT IS WHAT MAKES IT MAKE SENSE. UM, AND IN THIS HIGHLY UNUSUAL WAY OF, OF ZONING , UH, UH, WITH, UH, A CONSERVATION EASEMENT, I THINK THAT'S WORKABLE AS OPPOSED TO LITTLE BY LITTLE, TAKING PIECES OF THE GOLF COURSE. WE WANT THE GOLF COURSE TO STAY. THEY'RE FANTASTIC NEIGHBORS. WE WOULD LIKE THEM TO STAY, BUT THERE'S ONLY SO MANY TIMES YOU CAN GO TO THE WELL AND SAY, YOU KNOW, WHAT WE NEED TO SURVIVE IS THIS, WE ARE TRUING EVERYTHING WE CAN TO HELP YOU SURVIVE. BUT IN RETURN, I THINK YOU HAVE TO MEET US HALFWAY AND SAY, OKAY, ANY FURTHER SUBDIVISION, THOSE THREE ACRES COME IN AND THEN DO WHAT YOU WANT WITH YOUR PARCEL. BUT THOSE THREE ACRES THEN COME IN AND I, I JUST WANNA MAKE IT CLEAR, AND, AND YOU UNDERSTAND THAT THAT'S NOW WHAT'S ON THE TABLE. I'M PUTTING IT ON THE RECORD. BARBARA'S TAKING THE, THE RECORD, AND I WANT THERE TO BE NO MISUNDERSTANDING AS TO WHAT THE PROVISION WILL READ, UH, THAT WILL BE MAKING IT TO THE PLANNING BOARD. AND, AND THAT HAS BEEN MADE CLEAR. AND MOST IMPORTANTLY, IT HAS BEEN BROUGHT TO, UH, THE METROPOLIS COUNTRY CLUB. AND, UH, THEY HAVE ACKNOWLEDGED THAT AND, AND ARE, ARE CERTAINLY AWARE THAT THIS IS NOW A, UH, A PRECONDITION OF THIS PROJECT MOVING FORWARD. OKAY. ANYBODY ELSE WANNA SPEAK ON THIS? NO. MAKE A MOTION. PAUL, CAN I MAKE A MOTION? WE'RE GONNA BE REFERRING, WE'RE CLOSING THE PUBLIC HEARING, AND ARE WE ALSO REFERRING THIS, UM, TO THE PLANNING BOARD? WE'RE, UH, WE'RE REFERRING IT TO THE PLANNING BOARD. AND, UM, YOU'RE PROBABLY NOT GONNA, DO YOU THINK YOU'LL HAVE A RE WHEN DO YOU THINK YOU'LL HAVE A RECOMMENDATION FOR US, WALTER? WELL, I WOULD, IF, IF IT WAS REFERRED TO US, I WOULD PUT IT ON, UH, NEXT WEEK'S AGENDA. OKAY. SO LET'S LEAVE THE RECORD OPEN FOR, FOR, UH, SEVEN DAYS. SEVEN, NO, LET'S LEAVE THE RECORD OPEN FOR NINE DAYS. COUNTING. TODAY IS A DAY. AND, UH, WHEN WE GET TO THE RESOLUTIONS, YOU'LL SEE THERE'S A RESOLUTION THERE, REFERRING IT TO THE PLANNING BOARD. RIGHT. SHOULD WE, UH, REFER, UH, ALL THE WRITTEN COMMENTS THAT WERE RECEIVED TO THE PLANNING BOARD AS WELL? YES, WE COULD DO THAT. OKAY. DID YOU GET A MOTION, PAUL? IS THERE A SECOND? ALL IN FAVOR? SECOND. OKAY, DIANA SECONDED. ALL IN FAVOR? AYE. SO IT SOUNDS LIKE FRANCIS MADE THE MOTION TO LEAVE THE RECORD OPEN FOR NINE DAYS. WHAT IS PAUL MOVING TO DO AND THE [01:00:01] COMMENTS? PAUL, I'M SORRY, GO AHEAD. NO, PAUL MADE THE MOTION. I, AND HE WAS LOOKING FOR HOW MANY DAYS I WAS TRYING. IF I DO IT FOR SEVEN DAYS, WE WILL, THE PLANNING BOARD WILL NOT HAVE ACTED BY THEN, SO WE'LL GIVE OURSELVES ANOTHER TWO DAYS, UH, WHICH IS NINE DAYS. AND SO IF THEY ACTUALLY GET IT, TURN AROUND THE RECOMMENDATION TO US, WE CAN INCLUDE THAT IN OUR RECORD, WHICH WE WOULD DO ANYWAY 'CAUSE IT'S THE PLANNING BOARD, AND THEN WE COULD WORK FROM THERE. OKAY. SO FOR THE RECORD, PAUL MOVED TO LEAVE RECORD OPEN FOR NINE DAYS, RIGHT. ANYTHING ELSE ADDED TO THIS MOTION? UH, AND, UH, THE RECORD IS, THE RECORD OF OUR MEETINGS ARE GOING TO BE INCLUDED, UH, AS SENT TO THE PLANNING COURT. OKAY. GREAT COMMENTS, RIGHT? THANKS. OKAY. I SEE MR. WE NEED, WE NEED A SECOND. IT WAS DIANA SECOND TWO, SECONDED PLANNING. DIANA SECONDED IT. DIANA SECONDED. AND EVERYBODY VOTED. YES. THANK YOU. THANK YOU. OKAY. I SEE MR. DEANDRO ON THE, UH, ON THE CALL. I KNOW HE WAS RECENTLY APPOINTED TO THE, UH, ETHICS BOARD. AND I REMEMBER FRANCIS, YOU SAID THAT HE DOESN'T WANNA SAY A FEW WORDS. YES. I SENT HIM THE LINK. AND IS HE HERE NOW? HE'S HERE, YEP. GOODNIGHT. GOODNIGHT. GOODNIGHT, BARBARA. THANK YOU. GET HOME SAFE. HI. I'LL TRY BARBARA. JUST TO BE OFFICIAL, UM, IN, IN TOWN BOARD, JUST TO BE OFFICIAL. THE OVERLAPPING, UM, IT'LL BE SHORT. . YEAH. WE DO HAVE ANOTHER PUBLIC HEARING, RIGHT? YEAH. OH, ANOTHER PUBLIC HEARING. ONE MORE PUBLIC HEARING. OH, I DIDN'T KNOW THAT. NO, WE'RE JUST GONNA, YEAH, JUST IN, IN DEFERENCE TO OUR NEW, UH, BOARD OF ETHICS MEMBER. NO PROBLEM. WHO'S, UH, IT'S GENERALLY, UH, TYPICAL TO KEEP YOUR SPEECH IS TO UNDER 30 MINUTES. SO GO . I'M KIDDING. I'M KIDDING. I'M KIDDING. GO AHEAD, MIKE. WHO'S OPENING THIS? WHO'S OPENING THIS APPOINTMENT? WE'RE NOT OPENING YET. APPOINTMENT TO THE ETHICS BOARD. WE ALREADY MADE THE APPOINTMENT, BUT, UH, WE ASKED HIM IF HE WOULD COME AND JUST SAY HELLO TO EVERYBODY. GO AHEAD, MIKE. HI, EVERYONE. I'LL, I'LL BE, I'LL BE QUICK, I PROMISE. UM, I, I JUST WANT TO FIRST SAY THANK YOU TO THE ETHICS BOARD, TO THE TOWN BOARD FOR THE CONSIDERATION AND CONFIRMATION, UH, OF THE APPOINTMENT, UM, OF ME TO THE ETHICS BOARD. UH, I'M VERY MUCH LOOKING FORWARD TO THE OPPORTUNITY TO GIVE BACK TO, YOU KNOW, A COMMUNITY THAT REALLY I'VE, I'VE BEEN CONNECTED TO FOR QUITE LITERALLY MY, MY ENTIRE LIFE. UM, MY GRANDFATHER IMMIGRATED TO, UH, TO AMERICA FROM ITALY, AND TARRYTOWN IS, IS WHERE HE CAME AND, AND, AND HAD AND RAISED A FAMILY. UM, UH, MY FIANCE'S FATHER, MY FATHER BOTH GREW UP IN TARRYTOWN. UH, AND ALTHOUGH WE GREW UP IN MAY APAC, UM, ONCE I STARTED WORKING IN NEW YORK CITY ABOUT 13 YEARS AGO OR SO, I, I HAD MOVED BACK TO TARRYTOWN, UH, BEFORE MY FIANCE. AND I BOUGHT OUR FIRST HOUSE HERE IN, IN WHITE PLAINS THIS PAST YEAR. UM, SO GIVEN, YOU KNOW, THE CONNECTION TO THE TOWN, I'M, I'M EXCITED TO BE ABLE TO APPLY, YOU KNOW, THE KNOWLEDGE AND SKILL SETS THAT, THAT I'VE GAINED SINCE GRADUATING FROM, UH, SIENNA, UM, AND WORKING THROUGH VARIOUS ROLES WITHIN THE KIND OF ANTI-FRAUD PROFESSION. UM, AND OVER THE PAST 15 YEARS, I'VE, I'VE SPENT TIME, UH, IN, IN FINANCIAL AND OPERATIONAL AUDIT, IN CORPORATE INVESTIGATIONS, UH, AND MOST RECENTLY DESIGNING, IMPLEMENTING, AND MONITORING ETHICS AND COMPLIANCE PROGRAMS, UM, ALONG THE WAY ATTAINING MY C P A LICENSE AND BECOMING CERTIFIED IN, IN FRAUD EXAMINATION AND HEALTHCARE COMPLIANCE. SO ALL WITH ALL OF THAT, UM, UH, I THANK YOU ALL VERY MUCH FOR PROVIDING ME WITH THE, THE GREAT OPPORTUNITY HERE TO, TO USE THE EXPERIENCE THAT I'VE GAINED TO, UH, GIVE BACK TO, TO MY COMMUNITY. VERY GOOD. PERFECT. THANK YOU. THANK YOU VERY MUCH. MIKE. A REWARD READ RIGHT, MIKE? THAT WAS LONG MIKE. VERY LONG. MIKE, MIKE AS A REWARD. YOU DON'T HAVE TO STAY FOR THE REST OF THE MEETING. ALRIGHT, MIKE. MIKE, HOPEFULLY THE YANKEES ARE BACK ON AND I CAN GET WATCH AND GET ANOTHER WIN. . MIKE, I JUST WANNA CLARIFY, YOU SAID YOU LIVED IN WHITE PLAINS. DO YOU LIVE IN GREENBURG OR WHITE PLAINS? UH, YEAH. MY ADDRESS IS GREENBURG. IT'S WHITE PLAINS. IT'S WHITE PLAINS POST OFFICE. GOT IT. YEAH. OKAY, , THANK YOU. THANK YOU. NO PROBLEM. THANK YOU. HAVE A GOOD NIGHT EVERYONE. YOU TOO. WELCOME. LAST PUBLIC HEARING, RIGHT, GARRETT? NEXT ONE. YES. UH, PUBLIC HEARING TO, UM, CONSIDER A LOCAL, UH, AMENDMENT. LET'S GET THERE. AMENDING CHAPTER 2 85 OF THE ZONING ORDINANCE ENTITLED ZONING AS IT RELATES TO PROPOSED NEW CONTINUUM OF CARE, UH, FACILITY USE, AND TO CONSIDER A RELATED ZONING MAP AMENDMENT OVERLAY [01:05:01] DISTRICT. I'D LIKE TO MOVE THAT THE OPEN HEARING. SECOND. ALL IN FAVOR? AYE. AYE. EVENING SUPERVISOR, FINER MEMBERS OF THE TOWN BOARD FOR THE RECORD, I'M GARRETT DUANE, COMMISSIONER OF THE DEPARTMENT OF COMMUNITY DEVELOPMENT AND CONSERVATION. THIS PUBLIC HEARING IS A CONTINUATION OF THE HEARING HELD ON SEPTEMBER 9TH, 2020 AND SEPTEMBER 23RD, 2020, PERTAINING TO A PROPOSED LOCAL LAW, WHICH WOULD ENABLE CONTINUUM OF CARE FACILITIES AS AN OVERLAY DISTRICT IN THE TOWN'S ONE FAMILY RESIDENCE DISTRICT. UM, IN RESPONSE TO ADDITIONAL COMMENTS RECEIVED FOLLOWING THE, THE FOLLOWING ADDITIONS WERE MADE TO THE LAW THAT IS THE SUBJECT TO THIS PUBLIC HEARING. UH, SIMILAR TO WHAT WE HEARD, THE, THE PRIOR SPECIAL PERMIT, UM, ALL COMPARABLE CHANGES, THE MINIMUM ACREAGE WAS INCREASED FROM SIX TO EIGHT, UH, WHICH CAN BE REDUCED TO FIVE ACRES WHERE CONSERVATION EASEMENT IS PROPOSED TO BE CONTIGUOUS AS A BUFFER, UM, IN ALL THE RESULTANT DENSITY CRITERIA, UM, ARE MORE COMPARABLE NOW WITH THE ASSISTED LIVING FACILITY, UH, ORDINANCE THAT'S ON THE BOOK IN THE TOWN, UH, REQUIREMENT FOR SECONDARY EMERGENCY VEHICULAR ACCESS WAS APPROVED, UH, AS APPROVED BY NEW YORK STATE. D O T WAS ADDED. AND A REQUIREMENT THAT A MINIMUM OF ONE RN L P N BE STAFFED ON PREMISES AT ALL TIMES IS ADDED. UH, MY UNDERSTANDING IS THAT THE TOWN BOARD, UH, I, I IS, IS, IS SUPPORTIVE OF THE SPECIAL PERMIT AND WILL ONLY, UH, ADVISE THE, UH, REFERRAL OF THAT SPECIAL PERMIT TO THE PLANNING BOARD. UM, SO, UH, THAT, THAT DOES CONCLUDE MY REMARKS AND, UM, HEAR ANY COMMENTS? I WOULD, I WOULD MAKE A MOTION THAT WE TABLE THIS ITEM ON THE AGENDA UNTIL SUCH TIME AS, UH, WE GET BACK A REPORT FROM THE PLANNING BOARD. AND IF THAT IS A POSITIVE RECOMMENDATION FOR THE SPECIAL PERMIT, THEN WE WILL JUST DISPENSE WITH THIS, UH, CONTINUATION OF THIS PUBLIC HEARING. SECOND. SECOND. ALL IN FAVOR? ALL IN FAVOR? AYE. AYE. OKAY, SO THEN I MOVE THAT WE, UH, UH, I'M SORRY, UH, RESOLUTION REFERRING TO THE PLANNING BOARD FOR A REPORT AND RECOMMENDATION AND PROPOSED LOCAL LAW AMENDING CHAPTER 2 85 ON THE ZONING ORDINANCE ENTITLED ZONING TO ADD A NEW DEFINITION OF SPECIAL PERMIT USE OF AN EIGHT ACRE MINIMUM LOT SIZE IN THE ONE FAMILY RESIDENCE DISTRICT'S CONTINUUM OF CARE FACILITIES AS AMENDED. I'D LIKE TO SECOND. SECOND. ALL IN FAVOR A AYE RESOLUTION AUTHORIZING PERMISSION TO CLOSE EDGE PARK ROAD, UM, ONE BLOCK ONLY BETWEEN MERIT AND ROAD, AND THE SEGMENT, A PORTION OF EDGE PARK ROAD THAT LEADS TO A DEAD END ON SATURDAY, OCTOBER 31ST FROM FIVE TO 8:00 PM FOR THE PURPOSE OF A SAFE CONDEMN, APPROPRIATE HALLOWEEN TRIP OR, UH, TREAT GATHERING OF LOCAL RESIDENTS AND CHILDREN. AND, UM, I'D LIKE TO MOVE THAT SECOND, SECOND FAVOR, AYE. AYE. AYE. RESOLUTION SCHEDULING A PUBLIC HEARING FOR OCTOBER 14TH TO CONSIDER A LOCAL LAW AMENDING CHAPTER THREE 80, NOISE OF THE CODE, UH, OF THE, OF THE CODE OF THE TOWN OF GREENBURG LISTING THE NOISE. I, UM, I, I'M MISSING, UH, I SEE YOUR FACE ON, YOU'RE MISSING. WHAT, WHAT ARE YOU MISSING? I, I SEE TV, LEFT NOISE OF THE CODE OF THE TOWN OF GREENBURG LISTING NOISE CREATED DUE TO AN UNLAWFUL SPEED CONTEST AS AN ENUMERATED RESTRICTED, UH, OFFENSE. I'D LIKE TO MOVE THAT SECOND. ALL IN FAVOR? AYE. AYE. AYE. AND RESOLUTION SCHEDULING A PUBLIC HEARING FOR WEDNESDAY, OCTOBER 14TH TO CONSIDER A LOCAL LAW AMENDING CHAPTER FOUR 60 OF THE TOWN, UH, OF THE CODE OF THE TOWN OF GREENBURG ENTITLED VEHICLES AND TRAFFIC RESTRICTING UNLAWFUL SPEAK CONTESTS IN THE TOWN OF GREENBURG. I'D LIKE TO MOVE THAT SECOND. ALL IN FAVOR? AYE. AYE. I'D LIKE TO MOVE THAT WE, UM, ADJOURN. THAT'S IT. WAIT ONE SECOND. ONE SECOND. DID EVERYBODY GET THE EMAIL THAT I SENT AROUND FROM JARED? YES. YES. SO TAKE A LOOK AT IT AND IF YOU CAN RESPOND BY TOMORROW MORNING SO I CAN LET HIM KNOW. OKAY. YES, I ALREADY DID, KEN, I SAW YOU. DIANA, THANK YOU SO MUCH. YOU'RE WELCOME. WAIT, WAIT, WAIT, WAIT. I DON'T SEE IT. YEAH, IT'S THERE. WHAT TIME? BUT I THINK HE'S LOOKING FOR QUANTITIES. HE IS NOT LOOKING FOR YES OR NO? NO. EVERYTHING WAS THERE IN THE EMAIL, BUT IF YOU HAVE QUESTIONS, IF YOU HAVE QUESTIONS, SHOOT A QUESTION AND WE CAN, YOU KNOW, ALL GOT IT. YOU SEE IT? I FOUND? YES. OKAY. THANK YOU. SORRY. NO PROBLEM. GOODNIGHT EVERYBODY. GOODNIGHT. GOODNIGHT EVERYBODY. NO, NO. WAIT. PAUL MOVED TO ADJOURN AND THEN KEN SAID, WAIT A MINUTE. SO THERE WAS NO SECOND TO ADJOURN. SECOND. SECOND. THANK YOU, KEN. SECOND . WE ALL SECONDED IT. . PAUL, I'M ON THE BOARD. SE SECONDED. WE HAVE A VOTE NOW. AYE. AYE. AYE. AYE EVERYONE. THANK YOU. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.