[00:00:03]
[ TOWN OF GREENBURGH ZONING BOARD OF APPEALS GREENBURGH TOWN HALL AGENDA THURSDAY, October 15, 2020 – 4:00 P.M. Due to the COVID-19 pandemic, there will be no public gathering in Town Hall for this meeting. If you would like to watch the meeting, you may do so via the Town's website or via cable television. If you would like to participate in one or more of the public hearings, you must pre-register through the Department of Community Development and Conservation by emailing publichearing@greenburghny.com or calling 914-989-1538, specifying the applications that you would like to speak on. Instructions to participate will then be emailed to you or you will receive a return phone call. ]
AND WE HAVE SOME S WE HAVE SOME ACCOMPANIMENTTHAT WASN'T SOMEBODY'S STOMACH.
PLEASE, PLEASE, YOUR MIC'S MUTED.
UM, WHEN YOU'RE NOT SPEAKING, AS I MENTIONED BEFORE.
IN ANY EVENT, WE HAVE, UH, WE'RE NOW, UH, CONVENING OUR MEETING AND COMING TO ORDER.
WE HAVE THREE CASES THAT ARE SCHEDULED ON TODAY'S AGENDA.
UM, THE FIRST CASE, I'M SORRY, JUST PLEASE NOTE THAT OUR NEXT REGULAR MEETING WILL BE ON NOVEMBER 19TH.
HOWEVER, WE MAY OR NOT, MAY NOT BE AT THIS TIME, BUT I ANTICIPATE WE PROBABLY MOST LIKELY WILL HAVE THIS EXACT SAME TIME.
AS USUAL, IF WE CANNOT COMPLETE THE HEARING OF ANY CASE TODAY, IT'LL BE ADJOURNED TO ANOTHER MEETING TO HOPEFULLY BE COMPLETED AT THAT TIME.
ALSO, AS IS USUAL, TO SAVE TIME, WE WILL WAIVE A READING OF THE PROPERTY LOCATION AND THE RELIEF SOUGHT FOR EACH CASE.
HOWEVER, THE REPORTER WILL INSERT THAT INFORMATION IN THE RECORD AND THAT INFORMATION ALSO APPEARS ON TODAY'S AGENDA.
AFTER THE HEARING OF TODAY'S CASES, THE BOARD WILL MEET IN THE ZOOM ROOM TO DISCUSS THE MATTERS WE HAVE HEARD TODAY.
EVERYONE IS WELCOME TO LISTEN TO OUR DELIBERATIONS, BUT THE PUBLIC WILL NOT BE PERMITTED AT THAT TIME TO SPEAK OR PARTICIPATE DURING OUR DELIBERATIONS.
AFTER OUR DELIBERATIONS, WE COME BACK ON THE FORMAL RECORD TO ANNOUNCE OR ANY DECISIONS, AND FOR THAT TO BE PROVIDED FOR THE COMMUNITY.
IF YOU'RE GOING TO SPEAK TODAY, PLEASE CLEARLY STATE YOUR NAME AND ADDRESS OR YOUR PROFESSIONAL AFFILIATION.
IF YOU'RE NOT THE NAMED APPLICANT, PLEASE ALSO SPELL YOUR NAME FOR THE RECORD.
WE'VE HEARD TESTIMONY ON AT LEAST ONE OF THESE CASES AT PRIOR MEETINGS.
ANY PRIOR TESTIMONY IS ALREADY IN THE RECORD AND SHOULD NOT BE REPEATED.
AND TODAY'S FIRST CASE IS CASE 1937, IVANA GREENFIELD PROPERTY AT 36 MANITOU TRAIL.
AND WHO DO WE HAVE? I THINK YOU'RE READING THE WRONG THING.
WHAT AM I READING? OH MY GOODNESS.
I DON'T KNOW, BUT THAT'S NOT THIS MONTH.
HOW DID I DO THAT? UH, CHAIR CHAIRWOMAN BUN SMITH.
I DO HAVE THE AGENDA HANDY ON THE SCREEN IF YOU WANNA.
OR I'M HAPPY TO READ IT FOR YOU.
I TOLD YOU I WAS LOOKING FOR MY AGENDA AND I PICKED IT UP THINKING THAT THAT WAS THE CURRENT AGENDA.
THAT IS PROPERTY AT 5 29 CENTRAL PARK AVENUE.
AND WHO DO WE HAVE ON THAT CASE? OKAY.
UH, WE HAVE SOMEONE HERE FROM LIGHTBRIDGE.
JESSE, ARE YOU GOING TO SPEAK FIRST? UH, THE ATTORNEY JUST TEXTED ME, SAID HE IS HAVING AN AN ISSUE COMING ON, SO I THINK HE'S JUST GONNA, UH, JOIN RIGHT NOW.
HOPEFULLY YOU GET HIS REQUEST.
I'LL BE ON THE LOOKOUT FOR THAT IN THE WAITING ROOM.
IF YOU COULD PLEASE LEAD US OFF, THAT'D BE GREAT.
SO THIS IS A PROJECT, UM, LOCATED AT 5 29 CENTRAL PARK AVENUE.
IT'S, UH, SECTION 8.410, UH, BLOCK 2 98, LOT SIX.
UM, I'LL SHARE MY SCREEN HERE TO REMIND THE BOARD OF THE, UM, LAYOUT THAT WE HAVE PROPOSED.
UH, SHARE SCREEN BUTTON GOING HERE.
SO IT IS AN EXISTING, UM, TWO STORY OFFICE BUILDING, UM, WITH A DRIVEWAY THAT EXTENDS OUT TO CENTRAL PARK AVENUE.
IT'S A BIT OF A FLAG LOT SCENARIO.
UH, WE ARE PROPOSING A RENOVATION OF THE INTERIOR AND EXTERIOR OF THE, AS I MENTIONED, EXISTING TWO STORY OFFICE BUILDING INTO, UH, TWO STORY CHILDCARE FACILITY.
UH, LIGHTBRIDGE WILL BE THE, UH, THE ACTUAL, UM, LIGHTBRIDGE ACADEMY IS THE NAME OF THE CHILDCARE FACILITY.
THE SITE IMPROVEMENTS REQUIRES REDEVELOPMENT OF THE ACCESS AND PARKING AROUND THE SITE.
UM, SOME OF THE HIGHLIGHTS FOR THIS BOARD'S EDIFICATION, I THINK WAS SOMETHING THAT MAY HAVE BEEN BROUGHT UP AT ONE OF THE PRIOR MEETINGS.
UM, BUT INSTALLING A SIDEWALK ALONG THE EXISTING SITE DRIVEWAY, UM, TO BRING THE PEDESTRIANS FROM CENTRAL PARK AVENUE UP TO THE FACILITY.
WE ARE POSING A NEW PARKING LAYOUT, STRIPING
[00:05:01]
ALL OF THE SPACES, TRYING TO OPTIMIZE AS MANY SPACES, UM, YOU KNOW, UPFRONT OF THE BUILDING.WE'RE ALSO RETRIP AND, UH, REDOING THE BACK PARKING LOT, UM, YOU KNOW, PAVING IT.
UM, ALSO PUTTING IN SOME LANDSCAPE ISLANDS.
WE'RE REMOVING A PORTION OF THE DRIVE THAT KIND OF CIRCLES THE BUILDING, UM, BECAUSE WE DO HAVE TO PUT IN THE OUTDOOR PLAYGROUND AREAS.
UM, SO THE REMOVAL OF THAT DRIVE AND THESE PLAYGROUND AREAS, WHICH ARE, UM, ESSENTIALLY PERVIOUS SURFACES, UH, LEAD TO A REDUCTION IN LOT COVERAGE FOR THE, FOR THE, FOR THE SITE.
UM, WE ARE ALSO GONNA BE ADDING LIGHTING AND LANDSCAPING AS WELL TO THE PROPERTY.
I THINK THE, UH, THAT WAS ONE OF THE COMMENTS FROM THIS BOARD BACK IN, UH, IN AUGUST.
WE HAVE BEEN TO THE, UH, PLANNING BOARD WORKSHOP SEVERAL TIMES, UH, AND SPOKE WITH BOTH THEM AND, UH, AND THE TRAFFIC CONSULTANT, UM, IMPLEMENTED, UH, THEIR SUGGESTIONS SO FAR TO THE SITE PLAN.
UM, WHICH INCLUDED KIND OF THE LAYOUT OF THE HANDICAP PARKING SPACES ON THE, UH, I'LL CALL IT THE SOUTH SIDE OF THE BUILDING, EXPANSION OF THE LOADING ZONE.
UM, AND THEN ALSO KIND OF DEMARCATING THE DROP-OFF SPACES AND SOME OTHER TRAFFIC CONTROL, UM, STRIPING AS WELL.
UM, WE'RE HERE BECAUSE WE DO NEED, DO, NEED TWO, UM, VARIANCES.
UM, BASED ON THE, UH, ENROLLMENT AND SQUARE FOOTAGE AND CALCULATION BY THE TOWN OF GREENBURG ORDINANCE, WE'RE REQUIRED TO HAVE 69 PARKING SPACES.
UM, RIGHT NOW WE ARE PROPOSING 45 PARKING SPACES.
WE ALSO REQUIRE A SETBACK, UM, UH, VARIANCE, WHICH REALLY TIES INTO THE LOCATION OF THE, UM, PLAYGROUNDS IN RELATION TO THE BUILDING ITSELF.
SO, UM, WHICH IS REALLY MORE OF A, A SAFETY MEASURE THAN ANYTHING ELSE.
UM, WITH THE GROUP OF CHILDREN GOING FROM INSIDE THE BUILDING TO THE PLAYGROUND, LIGHTBRIDGE TYPICALLY HAS THEM ALONG, UM, CONFIGURED RIGHT UP AGAINST THE BUILDING, UH, TO ELIMINATE ANY DRIVEWAY CROSSINGS OR, YOU KNOW, CIRCUITOUS ROUTES FOR THE CHILDREN TO TAKE TO AND FROM THE PLAYGROUND.
SO, UM, I THINK THE ORDINANCE REQUIRES THAT SETBACK TO BE, UM, 10 FEET FROM THOSE TYPES OF, UM, FACILITIES TO THE BUILDING.
WHEREAS THIS IS TECHNICALLY ZERO FEET BECAUSE THE, THE PLAYGROUND IS RIGHT UP AGAINST THE BUILDING ITSELF.
UM, THE PARKING VARIANCE IS REALLY MORE OF A RESULT OF THE EXISTING LAYOUT.
WE'RE KIND OF HAMSTRUNG BY THE, UM, SHAPE OF THE LOT AND WHERE WE CAN ACTUALLY PUT PARKING.
UM, THERE'S STEEP SLOPES IN THE BACK.
IT'S ALMOST LIKE A, A ROCK FACE THERE.
UM, SO WE ARE STRIPING WHAT IS THERE, UM, TO DO THAT.
WE HAVE MAXIMIZED NUMBER OF SPACES THAT WE CAN FIT.
UM, WE HAVE PROVIDED A PARKING ASSESSMENT AS WELL THAT EVALUATES NUMEROUS OTHER CHILDCARE FACILITIES MOST WITH, UH, LARGER ENROLLMENTS.
UH, AND IF YOU'VE TAKEN A LOOK AT THAT STUDY, THEY NEVER EXCEEDED 40 PARKING SPACES.
I THINK MOST WERE IN THE LOW THIRTIES.
UH, AGAIN, WE HAVE 45 SPACES HERE.
AND IN THE UNLIKELY EVENT THAT ALL OF THE SPACES DESIGNATED FOR DROP OFF, WERE FULL AT ANY ONE TIME, WHICH HAS NOT BEEN OUR EXPERIENCE AT THESE OTHER FACILITIES.
UM, THERE IS PLENTY OF ADDITIONAL PARKING WITH AN ENTRANCE, UM, YOU KNOW, IN THE BACK AS WELL.
SO, UM, THE TRAFFIC ENGINEER I DO HAVE WITH ME THAT CAN DISCUSS, UM, YOU KNOW, THE PARKING ASSESSMENT FOR THE DETAIL AS WELL AS THE FINDINGS OF THE TRAFFIC IMPACT STATEMENT.
UM, IT'S ALSO WORTH NOTING THAT, UM, THERE IS A RETAINING WALL IN THE FRONT, UM, JUST OFF THE FRONT OF THE PROPERTY OR KIND OF RIGHT ON THIS COMMON PROPERTY LINE WITH THE NEIGHBOR HERE.
IF THAT RETAINING WALL HAD TO BE RELOCATED, UM, WE COULD, UM, ADJUST THE LAYOUT TO STILL PROVIDE ADEQUATE CIRCULATION AND MAINTAIN THE SAME NUMBER OF PARKING SPACES, UM, THAT WE'RE PROPOSING NOW THE 45.
SO, UM, BEFORE I TURN IT OVER TO THE TRAFFIC ENGINEER, UH, I JUST WANNA REITERATE THAT WE HAVE HAD RISK DISCUSSIONS WITH THE PLANNING BOARD AT THEIR WORKSHOP MEETINGS, UH, WITH TOWNS STAFF AND THE TOWNS TRAFFIC CONSULTANT.
[00:10:01]
I MENTIONED WE DID ADDRESS THEIR CONCERNS, UM, AND WE HAVE AGREED TO DO A POST-DEVELOPMENT STUDY, UM, WHEN THE FACILITY REACHES TWO THIRDS ENROLLMENT TO KIND OF, UM, CONFIRM WHAT WE BELIEVE WILL BE, YOU KNOW, MINIMAL IMPACTS ON THE TRAFFIC AND PARKING AT THIS SITE.IN OUR EXPERIENCE IN DEVELOPING NUMEROUS OTHER CHILDCARE FACILITIES IN THE TRI-STATE AREA, UM, THIS FACILITY IS NO DIFFERENT AND WE DON'T EXPECT THERE TO BE, UM, A HUGE PARKING ISSUE, UM, AS LAID OUT IN THE TRAFFIC ASSESSMENT AND PUT ON THE RECORD SO FAR.
SO, UM, IF THE ATTORNEY HAS JOINED MICHAEL KIRTI YET, YES, UM, HE CAN KIND OF GO OVER, I GUESS MAYBE MORE OF THE, THE LEGAL ASPECT OF THIS, BUT THAT'S KIND OF THE OVERVIEW OF, OF THE SITE PLAN AND, AND THE TWO VARIANCES SO FAR.
IF, IF, IF, IF I MAY, UH, BEFORE I COULD JUMP IN BEFORE THE, WE START WITH THE TRAFFIC ENGINEER, UH, MICHAEL CURDY FROM HARRIS BEACH, UH, 4 45 HAMILTON AVENUE, WHITE PLAINS, NEW YORK, 1 0 6 0 1.
UM, I HAD SOME ISSUES GETTING INTO THE TECHNOLOGY TODAY.
UM, BUT, UM, AS JESSE INDICATED, UH, THE APPLICANT IS SEEKING TO DEVELOP A CHILD DAYCARE FACILITY UNDER THE FLAG OF LIGHT BRIDGE ACADEMY, AND WE ARE SEEKING TWO AREA VARIANCES.
UH, THE NUMBER OF TOTAL PARKING SPACES REQUIRED FOR THE FACILITY.
UM, THERE'S 69 SPACES REQUIRED.
WE ARE PROPOSING 45 AND ALSO THE MINIMUM DISTANCE FROM OFF STREET PARKING, UM, TO THE PRINCIPAL BUILDING.
UH, THERE ARE THREE SPACES, UH, PROPOSED ON THE SOUTH SIDE OF THE BUILDING, WHICH WILL DIRECTLY ABUT THE BUILDING.
UH, JUST TO GO OVER SOME RELEVANT DATES FOR THE BOARD, UM, THE FIRST IS JUNE 30TH, 2020.
WHEN WE SUBMITTED OUR APPLICATION PACKET TO THE ZONING BOARD FOR THE AREA VARIANCE APPLICATION JULY 16TH, UH, THERE WAS A PUBLIC HEARING, UH, BEFORE THE ZONING BOARD ON AUGUST 19TH.
WE SENT THE LETTER TO THE ZONING BOARD TO, TO RESPOND TO THE BOARD'S, UH, AUGUST 11TH, UH, 2020 LETTER REQUESTING ADDITIONAL INFORMATION.
I WON'T GO OVER, UM, THAT LETTER AGAIN, UH, SINCE, UH, I ASSUME IT'S, UH, IN THE BOARD PACKET AND AVAILABLE TO THE BOARD MEMBERS.
UH, WE DID ADJOURN THE HEARING FOR A COUPLE OF MEETINGS BACK IN AUGUST AND SEPTEMBER TO ALLOW, UH, THE PLANNING BOARD TO CONDUCT WORK SESSIONS ON THE PROJECT TO PERFORM THE SEEKER REVIEW AND ISSUE A RECOMMENDATION WHICH THE PLANNING BOARD DID ON THEIR OCTOBER 7TH, 2020 MEETING.
AS, UH, JESSE INDICATED, UH, I WILL NOTE TWO THINGS.
ONE IS THAT, UH, THE PLANNING BOARD AT ITS LAST MEETING ISSUED A NEGATIVE DECLARATION, UM, UNDER SEEKER AND ALSO THE PLANNING BOARD, UM, ALMOST UNANIMOUSLY ISSUED A POSITIVE RECOMMENDATION, UM, WITH REGARD TO THIS PROJECT.
UM, AT THIS POINT IN TIME, I'LL TURN IT OVER TO THE TRAFFIC ENGINEER, UH, AND I'M HAPPY TO ANSWER ANY, UH, ADDITIONAL QUESTIONS AS THEY MAY ARISE.
IT'S MICHELLE BREIHOF FROM MAER CONSULTING.
I AM THE TRAFFIC ENGINEER ON BEHALF OF THE APPLICANT.
UM, UNLESS ANYBODY HAS ANY QUESTIONS FOR EITHER MR. KIRTI OR MR. COAKLEY, UM, I'LL PROCEED WITH, UM, JUST A QUICK OVERVIEW OF THE SITE FROM A TRAFFIC PERSPECTIVE.
SO, DOES ANYBODY HAVE ANY QUESTIONS FOR THEM BEFORE I START SEEING NONE? OKAY.
SO, UM, REAL QUICK, I JUST WANNA WALK YOU THROUGH, UM, WHAT WE'VE DONE WITH THE, WITH THE PLANNING BOARD WORKSHOPS, UM, AND WHAT THE TRAFFIC PROFESSIONALS RECOMMENDATIONS HAVE BEEN TO DATE.
UM, YOU KNOW, WE DID DO, DO, UH, A TRAFFIC IMPACT STATEMENT FOR, FOR THIS JOB.
UM, WE PROJECTED OUT WHAT A 16,000 SQUARE FOOT FACILITY WOULD GENERATE AS FAR AS TRIPS.
UH, WE ANALYZED THE SITE DRIVEWAY AS WELL AS ONE OF THE ADJACENT INTERSECTIONS.
UM, WE FOUND THAT THE SITE DRIVEWAY WILL OPERATE, UM, AS IF IT WERE TO BE OCCUPIED AS AN OFFICE BUILDING.
UH, WE FOUND THAT THAT WOULD PROBABLY BE A SIMILAR LEVEL OF SERVICE, UM, AS IF IT WERE TO JUST BE REOCCUPIED AS A, A FULL OFFICE BUILDING COMPARED TO THE DAYCARE FACILITY.
UM, ALSO JUST TO, TO KIND OF CHECK ON THAT IN THE FUTURE, WE DID AGREE, AS MR. COLEY STATED TO DO THIS POST STUDY, UH, WHEN THE SITE REACHES TWO THIRDS CAPACITY FOR APPROXIMATELY 106 STUDENTS.
AND THAT WILL DO, UM, ONE OF TWO THINGS, WHICH IS TO, YOU KNOW, MAKE SURE THAT THE DRIVEWAY IS OPERATING SAFELY AND EFFICIENTLY, UM, LOOK AT ANY CUES THAT MAY BE EXTENDING ALONG THE SITE DRIVEWAY APPROACH.
UM, AND THEN TO ALSO, UM, FURTHER EMPHASIZE, UM, THE ADEQUACY OF THE PARKING ON SITE.
UM, WE DID SUBMIT A PARKING ASSESSMENT, WHICH COMPARED, UH, FIVE FACILITIES IN NEW JERSEY TO, UM, TO OUR FACILITY.
WE FOUND THAT THE MAXIMUM PARKING DEMAND AT THOSE OTHER FACILITIES WAS 31 SPACES.
UM, AGAIN, HERE WE'RE PROVIDING 45 SPACES.
UH, WE DID TAKE THAT A STEP FURTHER AND LOOKED AT THE ENROLLMENT OF THOSE FACILITIES AND THEN ALSO SENT THAT, UH, TO THE BOARD PROFESSIONALS EARLIER THIS WEEK, UM, THE
[00:15:01]
FOUR OF THE FACILITIES HAD AN ENROLLMENT OF 194 STUDENTS, UM, WHEREAS THE, THE CRANFORD LOCATION THAT WE STUDIED HAD AN ENROLLMENT, A MAXIMUM ENROLLMENT OF 174 STUDENTS.UM, AND AGAIN, ALL OF THOSE PARKING SUPPLIES, UH, WERE, WERE SIGNIFICANTLY LESS, OR I SHOULD SAY THE PARKING DEMANDS WERE SIGNIFICANTLY LESS THAN 45 SPACES.
UM, AND WHERE WE'RE PROPOSING A MAXIMUM ENROLLMENT OF 159 SPACES.
SO THAT'S KIND OF WHAT WE'VE DONE FROM A TRAFFIC PERSPECTIVE AS WELL AS A PARKING PERSPECTIVE, UM, TO KIND OF GO THROUGH THE PROOFS TO, TO KIND OF GUARANTEE IN A WAY THAT, YOU KNOW, WE FEEL THAT THIS WILL OPERATE SAFELY AND EFFICIENTLY AND THAT THE PARKING IS, UM, ALSO ADEQUATE.
SO IF ANYBODY HAS ANY QUESTIONS, HEY, CHAIRPERSON, DOES ANYONE ON THE BOARD HAVE ANY QUESTIONS AT THIS TIME? YOU, I BELIEVE YOU SAID THAT, UH, YOU HAD COMPARED IT TO THREE FACILITIES IN NEW JERSEY, DID YOU NOT? UM, NO, THERE WAS ACTUALLY, THERE WAS FIVE FACILITIES THAT WE PROVIDED DATA FOR IN NEW JERSEY.
UM, THEY WERE BERKELEY HEIGHTS, WARREN, FLO PARK, MOUNTAINSIDE, AND THEN A CRANFORD LOCATION.
UH, ALL FIVE OF THOSE BEING IN NEW JERSEY.
AND WITH RESPECT TO THE FACILITIES, UM, WERE THERE ANY OTHER FACTORS THAT YOU BROUGHT INTO CONSIDERATION OTHER THAN THE NUMBER OF STUDENTS AND THE NUMBER OF PARKING? UH, WE DID LOOK AT THE BUILDING SIZES AS WELL.
SO IN NEW JERSEY, SEE THE DIFFERENCES IS THAT THERE'S A DIFFERENT, UM, STUDENT TO SQUARE FOOT RATIO.
UM, SO WHILE THESE BUILDINGS WERE IN THE 12,000 TO 14,000 SQUARE FOOT RANGE, UM, THEIR MAXIMUM ENROLLMENTS WERE ACTUALLY 1 94.
UM, THE CRANFORD LOCATION, WHICH IS 10,000 SQUARE FEET, HAD A MAXIMUM ENROLLMENT OF 1 74.
SO BECAUSE OF THE RATIOS, UM, FOR STUDENTS TO SQUARE FOOT, DON'T EXACTLY ALIGN WITH WHAT WE ARE PROPOSING.
UM, IT'S NOT, YOU KNOW, THERE'S NOT, IT'S NOT AN APPLES TO APPLES COMPARISON, WHEREAS OUR BUILDING IS 16,000 SQUARE FEET, BUT WE'RE, OUR MAXIMUM ENROLLMENT IS 1 59, SO IT'S ACTUALLY SIGNIFICANTLY LESS THAN THOSE BUILDINGS.
UM, AND FOR THOSE BUILDINGS, AGAIN, WE SAW A MAXIMUM PARKING DEMAND OF 31 SPACES, SO THEY HAD MORE STUDENTS THAN WE'RE PROPOSING AND, YOU KNOW, A, A PARKING DEMAND OF 31 SPACES.
SO WE KIND OF LOOKED AT IT, UM, TWO WAYS, A PER SQUARE FOOTAGE RATE, AND THEN A PER A PARKING SUPPLY PER STUDENT RATE.
AND WE FOUND THAT WE'RE PROVIDING, YOU KNOW, WELL IN EXCESS OF THESE OTHER FACILITIES.
WHAT YOU'RE SAYING IS THAT, UH, THIS, THE SQUARE FOOTAGE, UH, PROPORTION TO THE STUDENTS IS LESS IN, IN THE FACILITIES THAT YOU STUDIED THAN, THAN NO, NO, NO, NO, NO.
IT'S ACTUALLY LESS AN OUR FAC IN THIS FAR, IN THIS PROPOSED LOCATION, YES.
WE'RE PROPOSING A MAXIMUM OF 159 STUDENTS.
THE BUILDING IS APPROXIMATELY 16,000 SQUARE FEET.
WHEREAS THE STUDIES THAT WE DID AT THE OTHER LOCATIONS, THE BUILDINGS ARE APPROXIMATELY 12 TO 14,000 SQUARE FEET, BUT HAVE A MUCH HIGHER MAXIMUM ENROLLMENT THAN THIS FACILITY THAT WE PROPOSED FACILITY.
AND, UM, IS THERE ANYTHING WITH RESPECT TO TRAFFIC THAT YOU WANTED TO COMMENT ON OR NOT? UM, OTHER THAN, YOU KNOW, WE DID THE, THE TRAFFIC IMPACT STATEMENT.
WE DID THE CAPACITY ANALYSIS AT THE DRIVEWAY.
UM, WE'RE COMFORTABLE WITH THE, THE, UM, THE ACCESS, AND AGAIN, WE DID AGREE TO DO A POST STUDY, WHICH WE'LL LOOK AT THE SAFETY, IF THERE'S ANY, UM, GOD FORBID, ANY COLLISIONS AT THE DRIVEWAY.
UM, IT WILL LOOK AT THE QUEUES EXTENDING ALONG THE DRIVEWAY, IF THERE'S ANY.
UM, AND THEN AGAIN, MEASURING THE PARKING DEMAND FOR THE, THIS EXACT FACILITY, UM, ONCE IT REACHES TWO THIRDS ENROLLMENT.
AND, UM, ARE WE TO ASSUME THAT, UH, THE STUDENTS ARE REALLY DROPPED OFF IN VEHICLES AS OPPOSED TO ANY PARENTS BRINGING THEM BY SOME OTHER TRANSPORTATION MEANS, UH, TO THE BEST OF MY KNOWLEDGE, IT WILL OPERATE SIMILAR TO OUR OTHER FACILITIES, WHICH IS THAT THE KIDS ARE DROPPED OFF, UM, YOU KNOW, BY THEIR PARENT WALKED INTO THE BUILDING, SIGNED IN, AND THEN, UM, YOU KNOW, THE PARENT LEAVES THE BUILDING AND CONTINUES ON THEIR WAY.
[00:20:01]
BUSES ANTICIPATED THAT WOULD BRING STUDENTS THERE EITHER OR PICK THEM UP EITHER BEFORE SCHOOL HOURS OR AFTER SCHOOL HOURS? UM, THAT'S MORE OF AN OPERATIONS QUESTION.UM, MARK OR MIKE, MICHAEL KIRTI.
I DON'T KNOW IF WE, IF WE ARE PLANNING ON ANY, UM, BEFORE CARE AFTER CARE AT THIS FACILITY TO, TO, TO MY KNOWLEDGE, UM, NO BUSES, BUT I, I WILL NOTE THAT, UM, OFTENTIMES, UM, IN TERMS OF ENROLLMENT, YOU'LL HAVE SIBLINGS, UM, AND ALSO YOU'LL HAVE A LOT OF CARPOOLING.
SO THAT ACTUALLY WILL DECREASE, UM, THE NUMBER OF CAR TRIPS BECAUSE, UM, THERE'LL BE MORE STUDENTS THAT ARE IN THE CAR AND FEWER CARS TRANSPORTING THEM THERE.
ANY OTHER QUESTIONS? MADAM CHAIR? UH, JUSTIN ALACK, THE ARCHITECT FOR LIGHTBRIDGE ACADEMY.
UM, AS A CORPORATE ARCHITECT, I CAN JUST TELL YOU THAT, UH, TYPICALLY THERE'S CENTERS, UH, IN NEW JERSEY AND NEW YORK, UH, PENNSYLVANIA, UH, DO NOT HAVE ANY BUSING WHATSOEVER, UH, FOR ANY EARLY OR, UM, AFTERNOON OR, OR AFTERCARE SERVICES.
UH, IT'S, IT'S ALL BY CAR, SO UNLESS IF THERE WERE, UM, A SCENARIO THAT THE APPLICANT WERE TO MAKE WITH THE LOCAL SCHOOL DISTRICT, UH, BUT I CAN ONLY TELL YOU THAT THAT TYPICALLY IS NOT THE CASE.
I KNOW FROM THE PREVIOUS MEETING THAT ONE OF THE NEIGHBORS HAD CONTENTION AS TO THE PARKING LOT AND THE DRIVEWAY ITSELF IN TERMS OF BEING SHARED OR BEING SOLELY YOURS, HAS THAT BEEN RESOLVED AT THIS TIME? OR WHAT WAS A RESOLUTION THEREOF? IF SO? UM, THERE IS NO RESOLUTION OF THAT LITIGATION.
UM, AND I HAVE TO BE VERY CAREFUL IN WHAT I SAY BECAUSE IT IS A PENDING LITIGATION MATTER.
UM, BUT I, I, I WILL, I WILL GENERALLY SPEAK ABOUT THE LITIGATION.
UM, YOU KNOW, THERE WAS AN ALLEGATION THAT, YOU KNOW, THE LITIGATION WILL IMPACT THE PLACEMENT OF THE GUARDRAIL AND THE PROPERTY LINE, UH, THEREBY SHRINKING THE PARKING LANE, UM, IS, IS SIMILARLY UNSUPPORTED BY ALL THE DATA THAT HAS BEEN PROVIDED TO YOU.
UM, AS, AS A THRESHOLD MATTER, UM, I KNOW THERE WAS A CLAIM THAT, UM, WE ARE SUBJECT TO A LAWSUIT RELATING TO STORMWATER RUNOFF.
UM, THOSE CLAIMS ARE ALLEGED AGAINST THE TOWN, WHICH IS ACTUALLY A CO-DEFENDANT IN THAT CASE.
AND, UM, THE CONSTRUCTION OF AN ASPHALT CURVE.
UM, THERE'S ALSO A CLAIM AGAINST US WITH REGARD TO TRESPASS.
UM, BUT THE NEIGHBORING PROPERTY OWNER HAS PROVIDED NO PROOF, UM, OF THE TRESPASS BEYOND THE BEAR ALLEGATIONS IN THE COMPLAINT.
UM, NO SURVEY, NO EXPERT LOOKING AT THE STRUCTURES.
THERE'S NO EVIDENCE OF COLLAPSE OR MOVEMENT THAT'S PROVIDED IN, UM, THEIR, UM, ALLEGATIONS.
IN ADDITION, WE'VE FILED AFFIRMATIVE DEFENSES AS TO THE LOCATION OF THE ALLEGEDLY TRESPASSING STRUCTURES.
UM, WE ALSO FILED A, UM, UH, AFFIRMATIVE DEFENSES ON ADVERSE POSSESSION, UH, THAT WE ACTUALLY OWN THAT PROPERTY AND A PERSPEC, UH, PRESCRIPTIVE EASEMENT.
UM, TO THE EXTENT THAT THERE IS ANY TRESPASS, OUR OUR POSITION IS THAT THESE STRUCTURES HAVE BEEN IN THE SAME LOCATION WELL BEYOND THE 10 YEARS THAT ARE REQUIRED BY THE STATUTE.
AND I'D ALSO LIKE TO NOTE THAT BECAUSE THE TOWN IS ITSELF, UM, A CO-DEFENDANT, IT IS ASSERTED THE SAME AFFIRMATIVE DEFENSES THAT WE HAVE TAKEN.
UM, AND SO ONE QUESTION I HAVE IS, HOW, HOW CAN THE ZONING BOARD CREDIT THIS CLAIM WHEN THE TOWN ITSELF IS DEFENDING ON THE SAME BASIS, UM, THAT WE ARE? UM, SO WE BELIEVE THAT, YOU KNOW, THERE'S REALLY NO MERIT TO THIS LAWSUIT WHATSOEVER.
UM, THE CLAIMS ARE SPECIOUS AND, UM, ALL OF OUR, UM, UH, POSITIONS HAVE BEEN, UH, SUPPORTED BY THE FACTS AND THE DATA THAT WE'VE BEEN PROVIDING.
I DON'T KNOW IF YOU MAYBE WANT TO JUST TOUCH ON OUR INTERACTIONS WITH THE NEIGHBOR TO THE SOUTH ABOUT THE EASE DRIVEWAY AND, YOU KNOW, THE POTENTIAL ADDITION TO THAT FOR THE SIDEWALK.
WE'VE HAD VERY POSITIVE CONVERSATIONS WITH, UM, THE NEIGHBOR TO THE SOUTH.
UM, WE'VE, UM, SENT THEM OVER A PROPOSED EASEMENT, UH, FOR THEM TO ENTER INTO.
WE RECEIVED ONE COMMENT TODAY, WHICH WAS, UH, TO BASICALLY CHANGE THE ADDRESS, UM, OF THE EASEMENT.
UM, THE, UM, APPLICANT HIMSELF HAS, HAS HAD THESE CONVERSATIONS AND WE BELIEVE THAT, UM, THIS EASEMENT, UM, YOU KNOW, WILL BE EXECUTED IN SHORT ORDER.
UM, IS THERE ANYONE IN THE AUDIENCE THAT WANTED TO COMMENT ON THIS CASE? YES, UH, I WOULD LIKE TO SPEAK, YES, IDENTIFY YOURSELF PLEASE.
UH, MY NAME IS SUSAN SCHNEIDER
[00:25:01]
LONERGAN.UH, I'M AN ATTORNEY REPRESENTING THE, UH, GRAY, GRAY ROCK ASSOCIATES, UH, THE NEIGHBORING PROPERTY JUST TO THE SOUTH, UM, WHO HAS BEEN REFERRED TO, UH, AS THE PARTY WITH THE LITIGATION, UH, WHICH I WILL NOT SPEAK TO AT THE MOMENT.
I JUST FIRST WANTED TO ADDRESS THE, UH, VARIANCES THEMSELVES, UH, PARTICULARLY THE SIZE OF THE VARIANCE.
IT'S A 36% REDUCTION IN PARKING.
UM, IN PREVIOUS CASES, IN ANOTHER CASE INVOLVING A DAYCARE CENTER THAT CAME BEFORE THIS SAME BOARD, THE BOARD REFUSED TO GRANT A VARIANCE THAT SUBSTANTIAL, UH, THEY HELD THE APPLICANT TO A TWO-THIRDS ENROLLMENT.
AND EVEN AT THAT ENROLLMENT, THE NUMBER WAS STILL LOWER THAN, THE VARIANCE WAS STILL LOWER THAN THE ONE IN THIS CASE, THEY ONLY PERMITTED THE, UH, FACILITY TO HAVE A 19% REDUCTION.
HERE WE'RE LOOKING FOR 36% REDUCTION IS VERY SUBSTANTIAL.
UH, AND AS INDICATED, UM, BEFORE WHEN THEY, THE, UM, APPLICANT WAS SPEAKING, THEY SAID THAT THEY WOULD REANALYZE IT AT TWO THIRDS CAPACITY AND SEE HOW IT WAS WORKING.
THE PROBLEM WITH THAT IS THEY'VE ADMITTED THAT THEY'VE MAXIMIZED THE CAPACITY OF THIS SPOT ALREADY.
SO IF IT'S NOT WORTH, SO IF IT'S NOT WORKING AT TWO THIRDS CAPACITY, THERE'S NO OTHER OPTIONS.
THEY'VE MAXIMIZED IT, THEY CANNOT GO UP.
SO IF TWO THIRDS CAPACITY DOESN'T WORK, YOU HAVE NO WAY TO GO.
UM, IN TERMS OF THE PARKING, UH, THE TRAFFIC STUDY, UH, THEY SUBMITTED A TRAFFIC STUDY AND A TRAFFIC COUNT ALONG CENTRAL PARK AVENUE, WHICH WAS CONDUCTED ON A DAY WHEN THE AREA SCHOOLS WERE CLOSED OR DELAYED DUE TO WEB.
THE TRAFFIC COUNT THAT WAS PROVIDED IS TOTALLY INACCURATE.
UH, A GOOGLE SEARCH, WHICH IS USED BY REAL ESTATE AGENTS IN THE AREA, SHOWS DAILY TRAFFIC ALONG CENTRAL PARK AVENUE OF 25,000 CARS A DAY.
UH, THAT WOULD LEAVE YOU WITH AN APPROXIMATE 1000 EVERY HOUR IF TRAFFIC WAS UM, EQUAL TO THE ENTIRE 24 HOUR TIME PERIOD.
HERE, UH, THE APPLICANT SUBMITTED THAT PEAK TRAFFIC IN THE MORNING WAS ONLY 1000, LITTLE OVER A THOUSAND CARS, UH, WITH AN AVERAGE OF 25,000, DO 25,000 CARS A DAY.
THE, UM, THEY'RE SHOWING A TRAFFIC, PEAK TRAFFIC IN THE AFTERNOON OF 1900 CARS, AGAIN WITH TRAFFIC THROUGHOUT THE DAY OF 25,000.
THAT'S JUST NOT A POSSIBLE NUMBER.
AND THEY USE THIS TO BASE THEIR TRAFFIC IMPACT AND THEIR TRAFFIC STUDY.
IT REALLY IS NOT AN ACCURATE REFLECTION OF WHAT THE CAN TRAFFIC CONDITIONS WOULD BE AT THIS PROPERTY IF THIS, UM, FACILITY WAS ALLOWED TO OPERATE AT THIS LEVEL.
UM, THE, MY CLIENT'S PROPERTY IS DIRECTLY BELOW THIS AND HAS A PARKING LOT FRONTING DIRECTLY ON CENTRAL PARK AVENUE.
IT'S GOING TO BE A VERY CONVENIENT PLACE FOR PARENTS COMING BY TO PULL INTO HIS PARKING LOT AND WALK RIGHT UP TO THE FACILITY.
THE WAY THIS IS, UH, PLANNED, PARENTS ARE GONNA HAVE TO GO UP, DRIVE ALONG THE DROP OFF SPOTS.
THEN IF THERE'S NO SPOT AVAILABLE, THEY HAVE TO MAKE A THREE POINT TURN, TURN AROUND, COME BACK ALONG THE SAME SPOTS WHERE THEY COULDN'T FIND A SPOT THE FIRST TIME.
EITHER WAIT TO FIND A SPOT THERE, AT WHICH POINT THEY'LL BE COMPETING WITH CARS COMING FROM THE OTHER DIRECTION THAT ARE ALSO TRYING TO FIND A SPOT.
AND YOU'RE GONNA HAVE CARS COMING IN BOTH DIRECTIONS AND CARS TRYING TO BACK OUT ALL AT ONCE.
ADDITIONALLY, ANY CARS THAT ARE NOW
[00:30:01]
WAITING FOR THOSE SPOTS ARE GOING TO QUEUE ALONG THE DRIVEWAY.THE DRIVEWAY CAN ONLY HOLD APPROXIMATELY 10 CARS.
NOW THE CARS ARE BACKED DOWN ONTO CENTRAL AVENUE AGAIN.
IT WILL WALK MY CLIENT'S DRIVEWAY, AND IT'S JUST NOT A, IT'S NOT A PROPER USE OF THIS PROPERTY.
UH, MY CLIENT ALREADY HAS, UH, HE SEES THE CONVENIENT USE OF HIS LOCK.
THERE'S A MAILBOX RIGHT IN FRONT OF HIS PROPERTY ALL DAY LONG.
PEOPLE GO THROUGH PARK IN HIS LOT, USE THE MAILBOX.
THE SAME THING WILL HAPPEN HERE.
THE SPACES ARE NOT WHERE THEY SAY DROP OFF AND PICK UP.
IT'S NOT MERELY OPEN THE CAR DOOR AND LET THE CHILD OUT.
IT'S, YOU HAVE TO WALK YOUR CHILD TO THE CLASSROOM.
SO IT'S PARK THE CAR, UNBUCKLE THE SEATBELT, GET THE CHILD OUT OF THE CAR, BRING THEM INTO THE FACILITY, GET THEM SETTLED WHERE THEY ARE, THEN COME BACK AND THEN BACK OUT.
IT'S LONGER THAN JUST DROP OFF AND PICK UP.
UM, IN TERMS OF THE OTHER SITES WHERE THEY'VE, UH, SUBMITTED THAT THEY DON'T, THAT AN ANALYSIS ON OTHER SITES ONLY SHOWED THEY NEEDED A MAXIMUM OF 31 SPACES.
UH, AS PART OF THIS ZONING PACKET, I HAD ONLY SEEN A STUDY WITH THE CRANSTON SITE.
I DIDN'T SEE ANY OTHER STUDIES THAT HAD BEEN SUBMITTED.
BUT IN THAT SITE, NUMBER ONE, THE STUDY WAS FOUR YEARS OLD.
UH, IT DIDN'T SAY HOW MANY STUDENTS WERE AT THE SITE AT THE TIME OF THE STUDY.
THEY TALKED ABOUT THE, UH, 9,000 SQUARE FOOT SIZE OF THE SITE, BUT NEVER INDICATED HOW MANY STUDENTS WERE ENROLLED AT THE FACILITY AT THE TIME OF THE STUDY.
NOT WHAT, NOT, WHAT THE MAXIMUM ENROLLMENT IS, NOT WHAT ENROLLMENT WAS AT SUBJECT, WHAT WAS THE ENROLLMENT AT THE TIME OF THE STUDY.
I DON'T KNOW IF ANY OF THE OTHER STUDIES ARE ANY NEWER, AND I DON'T KNOW IF THEY'VE GOT ANY OTHER FACILITIES IN NEW YORK WHERE POSSIBLY WE COULD GET, UH, A MORE ACCURATE STUDY.
BUT THE STUDIES THAT WERE SUBMITTED DO NOT SEEM TO REALLY SERVE ANY KIND OF MEANINGFUL PURPOSE IN TERMS OF ANALYZING HOW THIS SITE WOULD BE USED, UM, WITH REGARD TO THE CURRENT LITIGATION AND THE FACT THAT A GUARDRAIL, YOU KNOW, IF IT HAD TO BE RELOCATED, WOULDN'T IMPACT THE LICENSE.
I'M NOT REPRESENTING THE, UH, PROPERTY OWNER IN THAT LITIGATION, BUT I THINK THAT'S SOMETHING THAT NEEDS TO, THAT REMAINS TO BE SEEN WHETHER OR NOT SOMETHING COULD BE CONSTRUCTED.
I DON'T THINK ANYONE ON THIS BOARD KNOWS.
I'M NOT SURE THE APPLICANT KNOWS.
UM, BECAUSE THAT LITIGATION IS ONGOING.
NOTHING HAS BEEN SUPPLIED IN TERMS OF IT, BECAUSE IT'S IN ITS VERY, VERY EARLY STAGES.
SO NO, THERE ISN'T A LOT THERE, THERE ARE STATEMENTS MADE ON BOTH SIDES.
UH, THE STATEMENT THAT IT'S BEEN THERE FOREVER IN ITS ADVERSE POSSESSION.
IT'S A POSITION IN LITIGATION, IT'S NOT A FACT.
SO I THINK IT'S A VERY SERIOUS CONCERN WHETHER THE RESULT OF THAT LITIGATION WOULD IMPACT THIS, UM, PROPOSAL AND THIS PARKING.
AND AGAIN, AS APPLICANT HAS ADMITTED, THERE IS NOWHERE TO GO FROM HERE.
UH, IF IT DOESN'T WORK, YOU KNOW, THE, THE NEIGHBORS ARE STUCK.
UH, I THINK, I THINK THAT HAS, UM, I I I JUST HAD ONE QUESTION THAT I'M NOT SURE IF ANYONE COULD ANSWER.
WHAT IS THE CURRENT PARKING, UM, PART LEVEL OF PARKING AT THE SITE RIGHT NOW? HOW MANY PARKING SPOTS ARE AT THAT SITE? HAS IT HAD, DOES ANYONE HAVE THE ANSWER TO THAT?
[00:35:02]
WE CAN HAVE.WE, UH, CHAIR, WE, WE CAN HAVE THE APPLICANT RESPOND TO THAT IN A NUMBER OF THINGS, UH, WHEN THE, UH, SPEAKER IS CONCLUDED, IF THAT'S OKAY.
UM, THOSE ARE THE POINTS THAT, UM, THAT I WANTED TO RAISE BEFORE THE BOARD.
I APPRECIATE YOUR TIME AND, UM, I HAVE NOTHING ELSE.
WE JUST RESPECT, WE, WE RESPECTFULLY REQUEST OR DENY THE APPLICATION AS BEING EXCESSIVE AND, UH, DETRIMENTAL TO THE NEIGHBOR.
WE JUST NOTE THAT THERE'S ONE ADDITIONAL SPEAKER THAT I'M AWARE OF.
AND IF THERE'S ANYONE ELSE, IF YOU, YOU CAN FEEL FREE TO USE THE CHAT FUNCTION AND LET ME KNOW THAT YOU'D LIKE TO SPEAK OR, OR, OR, OR SO.
UM, IF IT'S OKAY, I'LL CALL ON THE NEXT SPEAKER.
MY, MY NAME IS MURRAY BODIN, M U R R A Y B O D I N.
I DROVE TO THE SITE ABOUT THREE O'CLOCK IN THE AFTERNOON, DROVE AROUND THE BUILDING, CAME OUT TO GET ON CENTRAL AVENUE.
THE SIGHT LINE TO THE LEFT IS GOT A LITTLE HILL ON IT.
BESIDE BEYOND THE HILL IS THIS CARDALE POST OFFICE WITH THE TRAFFIC LIGHT CARS BACK UP AT THAT TRAFFIC LIGHT.
AND WHEN THE TRAFFIC LIGHT TURNS GREEN, THE STREAM COMING AT YOU ACROSS THE FRONT OF THE DRIVEWAY WHERE YOU HAVE TO GET OUT IS LOW.
AND THEN WHEN A TRAFFIC STOPS, OTHER CARS SEEM TO COME FROM NOWHERE TO THE RIGHT.
A HUNDRED YARDS, 50 YARDS IS ANOTHER TRAFFIC LIGHT FOR TRAFFIC GOING ACROSS CENTRAL
DOCTOR, I OFTEN GET ASKED, WHAT SHOULD I DO IF I THINK I MIGHT HAVE CORONAVIRUS? PEOPLE WHO ARE SICK SHOULD STAY HOME.
YOU DON'T GO TO AN EMERGENCY ROOM, YOU DON'T GO TO A CLINIC, GET ON THE PHONE, AND YOU ASK FOR ADVICE AND INSTRUCTIONS FOR THIS WAY.
BUT I, I WOULD NOT SEND MY GRANDCHILDREN TO THAT DAYCARE CENTER BECAUSE GETTING OUT OF THAT DRIVEWAY IS DIFFICULT.
I COMPARE THAT TO THE DAYCARE CENTER IN ELMSFORD WHERE NEAR, UH, RACISM AND DISCRIMINATION.
RACISM AND DISCRIMINATION ARE TWO PROBLEMS IN OUR WORLD TODAY THAT AFFECT PEOPLE'S LIVES DAILY.
EVEN THOUGH YOU DON'T SEE IT OR EXPERIENCE IT, IT DOESN'T MEAN THAT IT IS NOT THERE.
HERE ARE SOME THINGS THAT YOU SHOULD KNOW.
RACISM, IT'S PREJUDICE, DISCRIMINATION, OR HOSTILITY DIRECTED AGAINST A GROUP OF PEOPLE BASED ON THEIR RACE OR ETHNIC GROUP.
DISCRIMINATION IS PREJUDICIAL TREATMENT TOWARDS DIFFERENT PEOPLE BASED ON THEIR RACE, AGE, OR SEX.
MINORITIES ARE MORE AT RISK FOR CONTRASTING C OVID 19.
MANY MAKE UP THESE, I'M CONCERNED BECAUSE PEOPLE ARE DISTRACTED TODAY.
YOU'RE NOT PAYING ATTENTION, YOU'RE TEXTING.
YOU ALL KNOW WHEN THE LIGHT TURNS GREEN, THE CAR AND THE FRONT DOESN'T MOVE UNTIL YOU HLK YOUR HORN.
AND SO WHEN THEY DO START TO MOVE, THEY'RE NOT PAYING GOOD ATTENTION, PARTICULARLY CROSSWALKS SHOULD BE OBVIOUS TO THE DRIVEWAY INSTANTANEOUSLY.
AND THE ONLY ONE IS THE CONTINENTAL BAR STYLE.
IT'S CALLED THE CONTINENTAL BECAUSE IT'S USED THROUGHOUT THE REST OF THE WORLD.
IT'S THE ONLY ONE THAT'S INSTANTLY A AVAIL RECOGNIZABLE BY THE DRIVER.
AND I HAVE DECIDED THAT THERE'S NO REASON WHY WE CAN'T USE THE SAFEST CROSSWALK.
I'M 87, I'M CLEAN, NOBODY'S GONNA GET ME.
I HAVE A GOING TO SAY, WHAT IS THE SAFEST WAY TO PROTECT MY GRANDCHILDREN AND YOURS? THE SAFEST WAY IS TO USE THE CORRECT CROSSWALK.
AND THE SAFEST WAY IS TO PUT THAT DAYCARE CENTER SOMEWHERE ELSE.
YOU HAVE TO TRY AND GET OUT OF THAT DRIVEWAY YOURSELF TWO OR THREE TIMES.
YOU CONSIDER YOU'VE GOT A COUPLE OF KIDS IN THE BACKSEAT SCREAMING.
UNLESS YOU DO IT YOURSELF, YOU DON'T REALLY GET THE SENSE OF HOW DIFFICULT IT IS TO GET OUT.
TRAFFIC ENGINEERS, LIKE A LOT OF OTHER PEOPLE ARE GOING ON RULES THAT ARE 20 YEARS OLD.
IT'S NOT THE SAME AS IT WAS SIX MONTHS AGO OR A YEAR AGO.
AND IT'S VERY DIFFICULT FOR TRAFFIC CONSULTANTS TO REALIZE THAT PEOPLE ARE WALKING MORE.
THEY'RE GOING TO BE USING PUBLIC TRANSPORTATION.
THERE'S A NEW WAY OF THINKING.
AND BOY, LET ME TELL YOU, A LOT OF PEOPLE ARE MAD AT ME BECAUSE I CHALLENGE THE THINGS.
I'VE BEEN DOING THIS FOR 50 YEARS.
THE ONLY PROBLEM IS FOR 50 YEARS IT WAS OKAY.
BUT TODAY, WITH PEOPLE WALKING ALL OVER AND NOT
[00:40:01]
GOING ON TOUR TO DISNEY WORLD TO EUROPE, JUST READ THE PAPERS.THIS IS NOT THE WORLD OF A YEAR AGO.
THE HOTEL INDUSTRY IS DOWN TO TUBES.
THE TRAVEL INDUSTRY IS DOWN TO TUBES.
MY JOB IS TO TRY AND GET YOU TO READ THE PAPER AND APPLY WHAT'S HAPPENING TODAY DUE TO COVID TO THE WAY YOU CONSIDER PEOPLE WALKING AND DRIVING, WHICH IS VERY D DO WHAT YOU SAY THIS COUNTRY IS.
IT IS NOT AS RACIST AS IT WAS TWO YEARS AGO.
WE LIVED IN A COUNTRY THAT WAS VERY RACIST, AND IT'S TAKING TIME TO GET UNWOUND.
YOU MAY NOT LIKE WHAT I'M SAYING TODAY.
DO NOT TAKE MY WORD FOR ANYTHING.
ANYONE ELSE BEFORE WE GET BACK TO THE APPLICANT?
UH, IS THAT, IS THAT A RESIDENT THAT SEEKS TO SPEAK? I SEE DANNY TRYING TO SPEAK.
UH, I CAN SPEAK AFTER THE NEXT RESIDENT.
I DON'T KNOW IF THERE ARE ANY OTHERS.
IF YOU CAN JUST IDENTIFY YOURSELF AND, UH, I'M DANNY
I'M THE MANAGING MEMBER OF THE PROPERTY OF GRAY ROCK ASSOCIATES.
AND I HAVE A QUESTION REGARDING CO POLICE COMMENT REGARDING THE MINIMUM DISTANCE FROM WALL STREET PARKING AREA TO THE PRINCIPAL BUILDING THE QUIET 10 FEET PROPOSED.
WHAT IS THAT REGARDING THE PARKING OR THE PLAYGROUND? DO YOU HAVE ANY OTHER QUESTION? YES, AND I, I, I WANNA MAKE A, A COMMENT REGARDING MICHAEL.
UH, SINCE SUSAN'S NOT AWARE OF THE LITIGATION, I'D JUST LIKE TO MAKE A QUICK COMMENT REGARDING THE LITIGATION.
THE SIGNIFICANCE OF THE STORM WATER IS THE FRONT PARKING LOT HAS NOWHERE WHERE THE STORM WATER DRAINS TO, HAS BEEN DRAINING ONTO MY PROPERTY FOR A NUMBER OF YEARS, WHICH CAUSED THE GUARD RAIL, LIGHT, BRIDGES, GUARDRAIL, LIGHT BRIDGES, FENCE, AND LIGHT BRIDGES RETAINING WALL TO COLLAPSE ONTO MY SITE.
THAT'S THE SIGNIFICANCE OF, THAT'S ONE SHOULD BE EQUAL BEFORE THE LAW.
THE CRIMINAL JUSTICE SYSTEM CONTINUES TO, ARE YOU FINISHED, SIR? YES.
LET'S HEAR FROM THE APPLICANT THEN.
IF WE HAVE NO ONE ELSE WHO WISHES TO SPEAK.
UH, CHAIR, UH, THIS IS MICHAEL KIRTI.
I'LL, I'LL START OFF AND THEN I'LL TURN IT OVER, UM, TO, UH, THE TRAFFIC, UM, AND, UH, ENGINEERING TEAM TO TALK A LITTLE BIT ABOUT, UH, SOME OF THE THINGS THAT, UM, WERE BROUGHT UP.
BUT, UM, TO JUST GO OVER, UH, SOME OF THE STATEMENTS MADE BY MS. EGRIN.
UM, FIRST IS THE BOARD IS WELL AWARE.
UM, YOUR DECISION HAS TO BE BASED ON EMPIRICAL EVIDENCE, UH, BEFORE THE BOARD, WHICH WE HAVE PROVIDED, UM, IN WRITTEN APPLICATION MATERIALS.
AND DURING THE PUBLIC HEARING, THE NEIGHBORING PROPERTY OWNER HAS NOT SUBMITTED ANY EMPIRICAL DATA.
UM, THE LETTER THAT THEY'VE PROVIDED AND SOME OF THE STATEMENTS SHE MADE ARE JUST COMPLETELY RIFE WITH SPECULATION AND NOTHING MORE THAN CONCLUSIVE CONCLUSORY STATEMENTS THAT ARE MADE BY AN ATTORNEY.
UM, FIRST, EVEN IF THE PARKING IS NUMERICALLY SUBSTANTIAL, THE BOARD MAY STILL FIND, UH, THAT THIS FACTOR WEIGHS IN FAVOR OF GRANTING THE AREA VARIANCE, WHERE DESPITE BEING NUMERICALLY SUBSTANTIAL, THE AREA VARIANCE WILL NOT RESULT IN ANY NEGATIVE IMPACT TO THE SURROUNDING COMMUNITY.
MOREOVER, WE'VE DEMONSTRATED THROUGH OUR TRAFFIC STUDY AND THE DATA SUBMITTED RELATED TO OTHER DAYCARE FACILITIES THAT, UM, MICHELLE WILL TALK A LITTLE BIT ABOUT, UM, THAT THE 45 PROPOSED SPACES WILL BE MORE THAN ADEQUATE, UH, PARKING FOR THIS LIGHTBRIDGE ACADEMY.
UH, THE TRAFFIC STUDY WAS REVIEWED AND APPROVED BY THE TOWN'S TRAFFIC CONSULTANT, WHICH IS MR. CANNING.
UM, IN FACT, HE OPINED THAT IT MAY OVERESTIMATE THE TRAFFIC IMPACTS OF THE FACILITY.
UM, AND, UH, MASER WILL TALK, UH, A LITTLE BIT MORE ABOUT THIS AT THE CONCLUSION OF MY DISCUSSION.
UM, THE PROPERTY OWNER, THE NEIGHBORING PROPERTY OWNER, TALKED A LITTLE BIT ABOUT THE, UH, STORM WATER RUNOFF, UH, CLAIM.
UM, THAT'S A CLAIM ASSERTED AGAINST THE TOWN.
IT'S NOT A CLAIM ASSERTED AGAINST 5 29 CENTRAL PARK AVENUE.
UM, MOREOVER, UM, THERE WAS A ISSUE THAT CAME UP WITH REGARD TO THE GUARDRAIL.
UM, WE DON'T CONCEDE THAT ISSUE, AS I PREVIOUSLY STATED IN MY COMMENTS.
HOWEVER, WE'VE CALCULATED THE EFFECT OF THE ALLEGED LOSS IN THE EVENT THAT
[00:45:01]
THE GUARDRAIL HAD TO BE MOVED, AND WE FOUND THAT WE CAN REFRAME THE PARKING SPACES WITHOUT REQUESTING ADDITIONAL RELIEF FROM THIS BOARD OR ANY OTHER LAND USE BOARD.AND, UM, THE MASER TEAM WILL TALK A LITTLE BIT ABOUT THAT DURING THEIR PORTION OF THE, UH, DISCUSSION.
AGAIN, I WANNA REITERATE, THE PLANNING BOARD LAST WEEK ISSUED A NEGATIVE DECLARATION, WHICH INCORPORATES INTO IT THE TWO-THIRDS ENROLLMENT CAPACITY LIMIT UNTIL SUCH TIME AS, UH, MULTIPLE TRAFFIC FLOW AND PARKING ELEMENTS TO THE SITE ARE BEING, ARE GOING TO BE REEVALUATED BY THE APPLICANT, AND ALSO CONSIDERED BY THE TOWN STAFF CONSULTANTS AND PLANNING BOARD.
UH, I WANNA REMIND THE BOARD MEMBERS, THERE'S AN ELEMENT OF RISK HERE.
UH, MY CLIENT HAS TO BUILD A FULL FACILITY AND WE'RE AGREEING TO TWO THIRDS ENROLLMENT, SUBJECT TO THE CONTINUING JURISDICTION OF THE PLANNING BOARD.
UM, UNLESS WE'RE ABLE TO PROVE OUR CASE, UH, WE WON'T BE ABLE TO GO BEYOND THAT ENROLLMENT.
SO I THINK THAT'S A VERY IMPORTANT FACT FOR THE BOARD TO CONSIDER, UM, AS WE, UM, PRESENT OUR CASE AND WE'RE CONFIDENT THAT, UM, THE FACTS AND EVIDENCE ARE GONNA SUPPORT OUR CLAIM TO GET US TO THAT ENROLLMENT LEVEL THAT WE'RE SEEKING, WHICH IS, UM, IN, IN, IN THE A HUNDRED FIFTIES.
THE PLANNING BOARD, UM, ALSO FOUND THAT THE ENVIRONMENTAL IMPACTS ASSOCIATED WITH THE PARKING AND TRAFFIC FLOW IN CONJECTURE THAT PEOPLE WOULD WALK FROM THE NEIGHBOR'S PARKING LOT.
THOSE OF YOU THAT HAVE, UH, BEEN ON THE SITE KNOW IT, IT'S NOT CONVENIENT FOR PEOPLE TO USE THOSE PARKING SPACES.
AND THEN TO TRAVEL ALONG THE LINES OF, UM, THE NEIGHBOR'S DRIVEWAY AND THEN UP OUR DRIVEWAY UP TO THE SITE.
UM, THE DRIVEWAYS ARE SEPARATED BY A CURB DIVIDER.
UH, FURTHER THE PARKING LOT TO THE REAR OF THE LIGHT BRIDGE BUILDING WILL HAVE OVERFLOW SPACES FOR BOTH PARENTS AND GUARDIANS.
UM, AT THIS POINT IN TIME, I'LL TURN IT OVER, UM, TO THE MASER TEAM TO TALK A LITTLE BIT ABOUT, UM, SOME OF THE POINTS THAT CAME UP THAT WERE TECHNICAL IN NATURE.
I'LL, I'LL TOUCH ON THE TWO KIND OF SITE PLAN RELATED ITEMS. UM, AND THEN MICHELLE CAN TOUCH ON THE, THE, THE SPECIFIC TRAFFIC QUESTIONS.
UM, THE EXISTING SITE ACTUALLY DOESN'T HAVE THE PARKING SPACES STRIPED, SO THERE'S NO REAL QUANTITY OF PARKING SPACES, UH, OUT THERE.
UM, WITH THE PROPOSED SITE PLAN, UM, WE ARE GOING TO RE STRIPE THE BACK PARKING LOT AREA IS REALLY RIGHT NOW, KIND OF LIKE A STORAGE AREA.
THERE'S SOME GRAVEL SPOTS, SOME LIKE BROKEN PAVEMENT.
UM, YOU KNOW, IT'S, IT'S IN ROUGH SHAPE.
THERE'S LIKE STORAGE CONTAINERS THERE, SO THAT'S ALL GONNA BE CLEANED UP AS PART OF THIS.
UM, I MENTIONED WE'LL BE ADDING LANDSCAPING ISLANDS, UH, BACK THERE AS WELL, AND ADDITIONAL LANDSCAPING.
SO IT WILL BE, YOU KNOW, A CERTAIN IMPROVEMENT, UH, FOR SURE OVER THE EXISTING CONDITION THERE.
AND THEN I BELIEVE THERE WAS A QUESTION THAT I WANTED TO CLARIFY REGARDING THE, UH, SETBACK VARIANCE THAT WE'RE ASKING FOR.
SO THE ORDINANCE ACTUALLY SAYS IT'S THE MINIMUM DISTANCE, UH, REQUIRED FROM AN ACCESSORY STRUCTURE OR TO THE PRINCIPAL.
SO, UH, I HAD MENTIONED THAT THE PARK, THE PLAYGROUND IS RIGHT NEXT TO THE BUILDING.
SO IN THAT INSTANCE, IT IS ZERO FEET.
AND THEN, UH, MICHAEL HAD IDENTIFIED THAT THREE OF THE PARKING SPACES ON THE SOUTH SIDE OF THE BUILDING ARE RIGHT UP AGAINST THE BUILDING AS WELL.
SO THAT IS A, A ZERO FOOT SETBACK AS WELL.
SO IT'S THE TWO INSTANCES REALLY WHERE, WHERE IT'S BOTH ZERO, UM, IS FOR THE VARIANCE FOR THE SETBACK THERE.
UM, AND WITH THAT, I'LL LET MICHELLE, UM, SPEAK A LITTLE BIT ABOUT THE TRAFFIC QUESTIONS THAT CAME UP.
SO, UH, SO JUST GOING BACK TO, UH, THE TRAFFIC COUNTS THAT WERE CONDUCTED AT THE SITE, UM, IT'S MY UNDERSTANDING THAT THERE WERE SOME IC CONDITIONS IN THE AFTERNOON THAT MAY HAVE, UM, IMPACTED THE PM UH, TRAFFIC COUNTS.
UM, HOWEVER, YOU KNOW, OUR TRAFFIC COUNTS WERE CONDUCTED BETWEEN FOUR AND 6:00 PM WE ACTUALLY FOUND THAT THE PEAK HOUR OF THE ROAD, UM, FALLS BETWEEN FIVE AND 6:00 PM UH, WE FEEL THAT A DAYCARE USE IS MORE IN LINE WITH THE PEAK HOURS FOR THE COMMUTERS AND NOT NECESSARILY THE PEAK HOURS OF THE SCHOOL TRAFFIC.
UM, AGAIN, YOU KNOW, WITH THAT SAID, JUST REITERATING, WE ARE DOING THIS, YOU KNOW, THIS POST STUDY, UM, WHICH WILL THEN CONFIRM THE OPERATIONS OF THE SITE, THE SAFETY OF THE ACCESS, UM, AND ANY CUES THAT MAY EXTEND ALONG THE SITE DRIVEWAY, UH, OR ANY, ANYTHING OF THAT MANNER.
SO, WE'LL, YOU KNOW, QUANTIFY THESE EXACT OPERATIONS FOR THIS FACILITY, UH, AS WELL AS THE PARKING, YOU KNOW, SO WE'RE GONNA, WE'RE GONNA KNOW RIGHT THEN AND THERE IF THIS WORKS, WHICH WE FEEL VERY STRONGLY THAT IT DOES.
YOU KNOW, WE'VE PROVIDED THE PARKING DATA FOR FIVE OTHER FACILITIES.
[00:50:01]
THOSE FACILITIES HAVE, UH, ENROLLMENT WELL IN EXCESS OF WHAT OUR PROPOSED ENROLLMENT IS.AND AGAIN, WE'RE FINDING THAT THE MAXIMUM PARKING DEMAND FROM THOSE FACILITIES IS 31 SPACES.
UM, SO WE FEEL VERY COMFORTABLE THAT THE PARKING DEMAND FOR THIS SITE WILL BE, YOU KNOW, MORE THAN ADEQUATE.
SO IF ANYBODY HAS ANY OTHER QUESTIONS OR IF THERE'S ANYTHING I DIDN'T TOUCH ON, PLEASE LET ME KNOW.
DID ANYONE ON THE BOARD NOW HAVE ANY QUESTIONS SINCE WE'VE HEARD FROM EVERY DAY? COVID WON'T KILL ME.
ADAM CHAIR, THIS IS, UH, THE ARCHITECT.
I JUST WANTED TO ADD ONE MORE COMMENT, UH, WITH REGARD, UH, JUST SPECIFICALLY TO LIGHTBRIDGE, UH, AND, UH, THEIR HISTORY, UH, JUST BECAUSE I KNOW THIS WAS SPOKEN, BUT, UH, SESSION IS IMPORTANT FOR THOSE CALLERS THAT ARE ON TO UNDERSTAND THAT LIGHTBRIDGE PROVIDER NOW FOR, UH, 20 YEARS.
UM, THEY HAVE, AS OF TODAY, 53 OPEN CHILDCARE CENTERS THROUGHOUT NEW JERSEY, PENNSYLVANIA, VIRGINIA, AND SOON TO BE NORTH CAROLINA, AS WELL AS, UH, THE VERY, UH, ACTUALLY THERE IS ONE OFFICIALLY JUST, UH, OPENED, I THINK ABOUT TWO WEEKS AGO IN ELMSFORD.
AND SO, UM, THERE ARE 53 OPERATIONAL CENTERS, UH, THAT ARE ALL RANGING IN, UH, SIZE.
UH, BUT THE AVERAGE OF THOSE CENTERS IS PROBABLY ABOUT 140, UH, STUDENTS OR CHILDREN PER CENTER.
UM, SO WE'RE TALKING ABOUT A VERY EXPERIENCED OPERATOR, UH, IN THE TRI-STATE AREA.
AND, UM, AND THEY DO HAVE AN EXTREMELY RIGOROUS, UH, PROGRAM OF EDUCATION FOR THEIR OPERATORS.
THEY PROVIDE EACH OPERATOR WITH A BUSINESS COACH WHO WORKS WITH THE OPERATOR, UH, FOR ONE YEAR STARTING AT THE DAY THAT THEY OPEN.
AND THEN IT IS, UH, BEFORE THAT TIME.
BUT, UH, THERE ARE OBVIOUSLY, UH, THINGS THAT COME UP IN TWEAKS AND, AND SOME OF THOSE THINGS, UH, DO RELATE BACK TO PARENTS AND HOW, UH, THEY ARE OPERATING, UH, WITHIN THE PARKING LOTS.
AND SO, UM, YOU KNOW, THESE THEN BECOME, THESE PARENTS ARE, ARE, YOU KNOW, ONCE THEY DO BECOME, UH, A CLIENT OF LIGHTBRIDGE, UM, THEY'RE FAMILIAR WITH THE CONDITIONS OF THE SITE.
THEY'RE, THEY'RE FAMILIAR OBVIOUSLY WITH THE OTHER PARENTS, UM, AT THE SITE AND THE, UM, FACILITY, UH, DIRECTOR AND ASSISTANT DIRECTOR.
UH, THEY DO TAKE, UM, YOU KNOW, A VERY SERIOUSLY AS DOES AS DOES CORPORATE WITH THE SAFETY OF THE SITE, THAT THAT'S THE PRIMARY, UH, UH, GOAL.
AND, AND NUMBER ONE RULE IS THE SAFETY OF THE CHILDREN, UH, ON THAT SITE.
AND SO, UM, YOU KNOW, I THINK IT, AS WE ALL KNOW, UH, YES, THERE ARE DISTRACTIONS TODAY.
WE CAN SAY THAT ABOUT ANY PARKING LOT ANYWHERE.
UH, BUT PARENTS, UH, WHO ARE BRINGING THEIR CHILDREN TO THE CHILDCARE ARE THAT MUCH MORE AWARE, UH, OF THE FACT THAT THERE ARE OTHER PARENTS AND CHILDREN ON THAT LOT.
AND SO I JUST WANNA REINFORCE THAT, ALTHOUGH, UM, THERE IS ONE OPERATIONAL CENTER THAT JUST OPENED IN ELMSFORD, UM, AND, UH, HOPEFULLY, UH, SCARSDALE AS WELL AS VALHALLA, UH, COMING VERY SOON, IS THAT, UH, TYPICALLY THROUGH ALL STATES, PARENTS ARE PARENTS, THEY CARE ABOUT THEIR CHILDREN.
UH, THEY ARE AWARE OF WHAT'S GOING ON AT THESE SITES.
AND, UH, AGAIN, UH, FROM CORPORATE DOWN THROUGH THEIR OPERATORS, THEY UNDERSTAND THAT THE PRIORITY IS SAFETY.
UM, I KNOW THAT PROBABLY THERE WOULD BE SOME, UM, ADDITIONAL COMMENTS ON THIS CASE, BUT I THINK THAT WE COULD MOVE ON AT THIS POINT, UNLESS SOMEONE HAS AN OBJECTION TO THAT, SINCE WE'RE GOING TO GET ADDITIONAL INFORMATION AND PERHAPS WHATEVER, UM, ISSUES STILL ARE IN THE MINDS OF THOSE WHO HAVE SPOKEN CAN BE RAISED, RAISED THEM AT THAT TIME, UNLESS I HEAR OTHERWISE.
UH, I JUST HAVE ONE LAST QUESTION, UH, FOR MICHAEL.
[00:55:01]
YES.UH, IS MICHAEL, THE ATTORNEY LITIGATING, UH, OUR LAWSUITS ON BEHALF OF THE LIGHTBRIDGE HA HARRIS SPEECH IS REPRESENTING, UM, THE APPLICANT, UM, IN CONNECTION WITH THAT LITIGATION.
SO YOU ARE THE PERSON THAT'S LITIGATING IT.
MY FIRM HARRIS SPEECH IS THE FIRM THAT SAID IT.
YOU'RE NOT LITIGATING THE CASE BECAUSE YOU MADE COMMENTS THAT WERE NOT RELEVANT OR INCORRECT.
THAT'S WHY I WANNA SAY TO THE BOARD.
HAVING HEARD THAT, UM, WE WILL MOVE ON TO THE NEXT CASE WE HAVE SCHEDULED FOR TODAY, WHICH IS CASE 2022 SELMA RIVER ROAD SUBDIVISION.
AND WHO DO WE HAVE THAT'S GOING TO SPEAK ON THIS MATTER? GOOD AFTERNOON, MADAM CHAIR.
I'M A PARTNER AT THE FIRM OF CUTTING AND BAYER, AND I'M REPRESENTING THE APPLICANT, L A C DEVELOPMENT, L L C AND 40 MILL REALTY, L L C, IN CONNECTION WITH THIS APPLICATION.
AS, AS YOU KNOW, UM, THIS IS A 1.09 ACRE SITE, VERY NARROW SITE IN THE LIGHT INDUSTRIAL DISTRICT ALONG SONO RIVER ROAD, WHICH IS ROUTE NINE A.
UM, THE NORTHERN PORTION OF THIS SITE HAS BEEN OPERATED AS A STONE MASON, STONE AND MASONRY SUPPLY BUSINESS FOR OVER A DECADE.
THE SOUTHERN PARCEL OF THESE TWO PARCELS THAT ARE PRESENTED TO YOU HAD BEEN A GAS STATION AND WAS ACQUIRED RECENTLY BY THE, BY THE OWNERSHIP.
I HEARD SOMEBODY ELSE TALKING.
UH, I THINK ERRANTLY AND, UH, IF WHOEVER'S ON THE PHONE, PLEASE KEEP MUTED.
THE OWNERSHIP OF, UM, OF THIS BUSINESS RECENTLY ACQUIRED A FORMER GAS STATION, UH, OBTAINED PERMITS REMEDIATED THE UNDERGROUND, UH, TANKS, UH, OBTAINED A PERMIT AND TOOK DOWN AN ACCESSORY GARAGE BUILDING ON THE SITE.
UM, THE WORK WITH REGARD TO THE TANKS WAS DONE BY A QUALIFIED AND CERTIFIED ENVIRONMENTAL, UH, CONSULTING FIRM.
AND, UM, WE'RE HERE BECAUSE THE, THE SITE HAS BEEN WE RELATIVELY DIFFICULT TO MANAGE IN THAT, UM, TRUCKS COMING IN AND OUT, HAD TO BACK IN OR BACK OUT.
AND, UM, THE BENEFIT TO ACQUIRING THE SOUTHERN SITE IS THE DRIVEWAYS ARE PROPOSED TO BE RECONFIGURED YOU.
WE'VE, UH, A NEW SOUTHERNLY DRIVEWAY THAT'S BEEN, UH, DESIGNED TO BE WIDENED TO ACCOMMODATE TRUCKS ENTERING FROM THE SOUTH, TRAVELING THROUGH THE SITE, ABLE TO UNLOAD WITHIN THE SITE, AND THEN EXIT HEAD OUT, UH, FROM THE SITE, WHICH IS A SIGNIFICANT ADVANTAGE, NOT JUST TO OUR CLIENT AS THE OPERATOR, BUT TO THE PUBLIC GENERALLY.
AS YOU KNOW, THE LOCATION OF THE SITE IS ON THE EAST SIDE OF ROUTE NINE A, UH, SOMO RIVER ROAD.
AND ON THE WEST SIDE, AT THAT POINT, THERE ARE NO BUSINESSES OR RESIDENCES.
IT, IT'S, UH, ALONG THE SOMO RIVER ROAD, UH, SORRY, SOMO RIVER PARKWAY, AND IT'S ADJACENT TO AN EXIT, UH, ENTRANCE FOR THE SOMO RIVER PARKWAY.
OF COURSE, THAT DOESN'T HELP FOR TRUCKS PARTICULARLY, BUT IT, IT, UM, IS JUST WHERE IT IS LOCATED.
TRUCK CIRCULATION UNQUESTIONABLY IS IMPROVED BY THIS, UM, CONFIGURATION THAT THE TOWN HAS HAD, UH, ITS OWN CONSULTANT, UM, UH, REVIEW THIS ANALYSIS TRUCK, UH, TURNING RADII, ET CETERA, HAVE ALL BEEN ADDRESSED.
THE, UH, EXISTING SITE BEFORE THE ACQUISITION, WELL, THE, I'M SORRY, THE, THE EXISTING SITE AS BUILDINGS ON IT.
AND AS I NOTE IN THE STATEMENT OF PRINCIPLE POINTS, THE NORTHERLY LOT CONTAINS A BUILDING WITH 1,596 SQUARE FEET OF RETAIL SPACE AND 2057 SQUARE FEET OF STORAGE WAREHOUSE SPACE.
THE BUILDING, WITHOUT BEING EXPANDED ON THE OUTSIDE, IS PROPOSED TO BE MODIFIED SO THAT IT WOULD HAVE 2,793 SQUARE FEET OF RETAIL SPACE AND 840 SQUARE FEET OF STORAGE WAREHOUSE SPACE, SAME SIZE BUILDING, SAME SQUARE FOOTAGE.
UM, JUST A REALLOCATION OF THE SPACE.
THE SOUTHERLY LOT, WHICH HAS BEEN OPERATED AS A GAS STATION, AS I MENTIONED BEFORE, CONTAINS AN 1100 SQUARE FOOT STORAGE WAREHOUSE BUILDING, WHICH WILL REMAIN THE SAME.
UM, IF YOU DID THE ZONING CALCULATIONS FOR THIS SQUARE FOOTAGE OF BUILDING,
[01:00:01]
AND UNDER THE PRIOR USE, THE ZONING WOULD'VE REQUIRED 16 PARKING SPACES, YET THERE ARE NO STRIPE PARKING SPACES ON THE SITE.THE REVISED AND MODIFIED USE OF THE SITE WOULD REQUIRE 21 PARKING SPACES.
WE'RE PROVIDING EIGHT PARKING SPACES, AND BY A ACCOUNT BETWEEN THE 21 REQUIRED AND THE EIGHT PROVIDED, WE'RE ASKING FOR VARIANCE OF 13 PARKING SPACES.
HOWEVER, IF YOU, IF YOU ANALYZE THIS CONSISTENT WITH THE, UH, PRIOR PREEXISTING, LEGALLY PREEXISTING NON-CONFORMITY FOR PARKING SPACES, WHICH WAS 16 SPACES, AND YOU ADD THE EIGHT, WE'RE AT 24 PARKING SPACES BY PROVIDING THEM WHERE THERE WERE NONE BEFORE, WE'RE LOOKING TO PROVIDE THESE PARKING SPACES, EIGHT PARKING SPACES.
ALTHOUGH YOUR TRAFFIC CONSULTANT, UH, AS I QUOTE IN THE, IN THE, UM, IN THE POINTS IN THE STATEMENT OF PRINCIPLE POINTS, STATES THAT THE I T E FOR THIS SORT OF USE WOULD REQUIRE ONLY FIVE PARKING SPACES.
SO WE THINK THAT THE PROVISION OF EIGHT PARKING SPACES MORE THAN ADEQUATELY ADDRESSES THE NEED FOR THIS TYPE OF SUPPLY USE, UM, AND, AND, AND JUSTIFIES THE GRANTING OF THE VARIANCE.
THERE ARE MULTIPLE OTHER VARIANCES THAT RELATE TO SIDE TO
I SHOULD HAVE DONE THAT MYSELF, I APOLOGIZE.
UM, SO, UM, THIS IS A PLAN THAT SHOWS
IT ALSO SHOWS THE BUILDINGS AS PROPOSED AND THE RECONFIGURED DRIVEWAYS.
UM, I, ON THE SOUTH OF THE SITE, YOU CAN SEE THERE'S A, A NEW DRIVEWAY, UH, WITH GATES.
SHOULD WE, UH, BILL, BILL, YOU COULD JUST PAUSE FOR ONE.
DOES ANYONE ELSE GETTING, UH, YOUR AUDIO IS KICKING OUT, BUT I JUST WANNA MAKE SURE THAT'S NOT JUST ME.
UH, IS MY AUDIO KICKING OUT? I'M GONNA TURN THE VOLUME UP.
I COULDN'T PUT, YOU HEAR ME? I APOLOGIZE.
IS THAT BETTER? UH, IT SOUNDS OKAY NOW.
IT WASN'T A VOLUME ISSUE, IT WAS MORE THAT IT WAS CUTTING OUT AND, UM, WE, WE ARE RECORDING TO OUR STENOGRAPHER, SO WE, WE DO HAVE THAT AVAILABLE, BUT, UM, HOPEFULLY IT, IT'S, IT'S OKAY NOW, SO PLEASE CONTINUE.
UM, DUE TO THE NARROWNESS OF THE SITE, THERE'S ONE LOCATION TO PLACE THE PARKING, AND, AND THAT'S ON THE, UM, ON THE EAST SIDE OF THE PROPERTY SO THAT IT'S ESSENTIALLY, UM, BEHIND THE BUILDINGS, OR AT LEAST BEHIND THE, THE REAR LINE OF THE BUILDINGS SO THAT WE HAVE AMPLE ROOM FOR TRUCKS TO CIRCULATE AND, AND, UM, PICK UP AND DROP OFF MATERIAL AND SUPPLY.
SO YOU CAN SEE GENERALLY ON, ON THE SITE THAT WE PUT THE A WORKING SPACES, UH, ALONG THE EAST SIDE.
IT'S AT THE TOP OF THIS PLAN IN THE, IN THE ORIENTATION THAT WE HAVE.
AND, UM, AS A RESULT OF THOSE SPACES BEING THERE, THERE'S THIS, THERE'S A NEED FOR CERTAIN VARIANCES BE BECAUSE THERE'S A MINIMUM, A 25 FOOT MINIMUM DISTANCE FROM AN ATTACHED ACCESSORY BUILDING.
AND, UH, SOME OF THOSE PARKING SPACES ARE DIRECTLY ADJACENT TO THE BUILDING, OR CERTAINLY I WOULD SAY THREE SPACES WOULD BE LOST IF WE WERE TO COMPLY WITH THAT, THAT THAT REQUIREMENT DOES NOT APPLY TO THE PRINCIPAL BUILDING BY MY READING OF IT.
UM, WE ARE REQUESTING A VARIANCE FROM THE 25 FOOT FRONT SETBACK REQUIRED BETWEEN OUTDOOR STORAGE AND ANY LOT LINE.
THE, UM, THE OUTDOOR STORAGE HAS BEEN ALONG THIS FRONT PORTION OF THE BUILDING, UH, I'M SORRY, OF THE SITE FOR THE 10 YEARS THAT OUR CLIENT HAS OPERATED.
WHAT WE'RE LOOKING TO DO IS TO PUT A TWO FOOT WALL AND, UH, A WRT IRON STYLE FENCE ABOVE IT SO THAT WE IMPROVE THE AESTHETICS OF THAT, UM, VISIBILITY.
WE'RE ALSO LOOKING TO GET A PERMIT FROM D O T TO BE ABLE TO INSTALL A SIDEWALK TO IMPROVE PEDESTRIAN ACCESS TO THE BUS STOP TO THE SOUTH OF THE SITE.
WE'VE NOT YET GOTTEN THAT, BUT WE ARE SHOWING ON THE PLANS THAT FUTURE PROPOSED SIDEWALK, WHICH WE'RE COMMITTED TO DOING, SUBJECT TO GETTING D O T PERMISSION.
THE OTHER VARIANCES RELATE TO DISTANCES BETWEEN OUTDOOR STORAGE AND ANY LOT LINE, UM, AND, UH, DISTANCES BETWEEN OUTDOOR STORAGE, UM, AND REAR, REAR LOT LINE.
AS I SAID, THIS IS, THIS SITE IS CURRENTLY NON-CONFORMING FOR THE WAY IT'S BEING OPERATED.
WE'RE LOOKING TO EXTEND THE USE SOUTH
[01:05:01]
TO INCORPORATE THE GAS, THE FORMER GAS STATION BUILDING, AND THEREBY IMPROVE NOT ONLY STORAGE, BUT ALSO TRUCK CIRCULATION.UM, THE VARIANCES ARE, ARE LISTED SPECIFICALLY IN, UM, BOTH THE POINTS OF AUTHORITIES STATEMENT, PRINCIPLE POINTS, AND IN THE APPLICATION ITSELF.
SO, UM, I'M NOT GONNA GO THROUGH EACH AND EVERY ONE OF THEM, BUT ULTIMATELY, THE PHYSICAL SHAPE OF THE SITE AND THE LIMITATIONS OF, UH, DISTANCE DUE TO THE NEED TO HAVE TRUCKS CIRCULATE INTERNAL TO THE SITE AND PROHIBIT US FROM BEING ABLE TO COMPLY WITH THESE VARIOUS SETBACKS AND DISTANCES FOR PARKING OR FROM, UM, FOR LOCATIONS, FROM MATERIAL SUPPLIES.
UM, THE USE ITSELF MATERIAL AND SUPPLY IS A PERMITTED USE IN THE LIGHT INDUSTRIAL DISTRICT.
SO, UM, UM, WE BELIEVE THAT, UM, THIS IS AN OVERALL ENHANCEMENT OF AN EXISTING BUSINESS THAT HAS BEEN BENEFICIAL IN THE AREA.
UNQUESTIONABLY, UH, IT HAS BEEN A TIGHT LOCATION, AND I KNOW THAT SOME OF THE OPPOSITION, UH, COMMUNICATIONS HAVE SHOWN PICTURES OF TRUCKS LINING UP AND, UH, AND, UH, IT WAS A MISTAKE FOR ONE OF THE, UH, VENDORS TO HAVE COMMENCED CONSTRUCTION, UH, OR, OR REMOVAL OF, UH, OF THE TANKS, UM, EARLIER, NOT AT NIGHT, BUT EARLIER IN THE, IN THE DAY, IN THE EARLY MORNING.
AND THAT DID NOT REPEAT ITSELF ACCORDING TO WHAT MY CLIENT HAS TOLD ME.
SO, UM, WHAT WE'RE LOOKING TO DO IS, IS TO IMPROVE THE OVERALL OPERATION OF AN EXISTING BUSINESS.
UH, IF THE VARIANCES WERE DENIED, THE BUSINESS WOULD CONTINUE TO OPERATE, BUT IT WOULD NOT OPERATE AS WELL.
AND, UM, WE'RE ASKING FOR THE VARIANCES TO BE GRANTED BECAUSE ULTIMATELY THE, I THINK THE LARGEST VARIANCE OF IS, UH, NUMERICALLY THE PARKING.
BUT AS I EXPLAINED, IF YOU COMPARE IT TO THE PRE-EXISTING NON-CONFORMING, UH, 16 PARKING SPACES THAT ARE DEEMED TO EXIST, UM, THE EIGHT PARKING SPACES ACTUALLY ENHANCES AND IMPROVES THE ABILITY FOR PEOPLE WHO MAY HAVE DRIVEN TO GO TO GET, UH, SUPPLIES TO ACTUALLY PARK ON SITE AND THEN LEAVE.
UM, IF THERE ARE ANY QUESTIONS, I'M HAPPY TO ANSWER THOSE QUESTIONS.
I THINK I PRESENTED WHAT WE HAVE TO SAY.
ANY QUESTIONS FROM THE BOARD? UH, DO WE HAVE, I KNOW THAT WE HAVE SEVERAL SUBMITTED STATEMENTS WITH RESPECT TO OPPOSITION TO THIS APPLICATION.
IS THERE ANYONE THAT WISHES TO SPEAK ON THIS MATTER THAT HAS NOT SUBMITTED THEIR REMARKS IN WRITING? SEE, MR. SHERMAN, UH, HAS RAISED HIS HAND.
SO, UH, MR. SHERMAN, IF YOU'D LIKE TO SPEAK, AND IF ANYONE ELSE WANTS TO SPEAK, PLEASE THANK, THANK I, I LIKE TO SPEAK.
UH, I'M THE PROPERTY OWNER, LUIGI GAL, AND, UH, I SAW THOSE LETTERS AND THEY KIND, I DON'T KNOW WHERE THEY CAME FROM AND RESPECT THAT.
WE'VE BEEN HERE FOR ALMOST EIGHT YEARS OPERATING MR. CAEL.
BY ALL MEANS, SHE CAN CONTINUE BECAUSE I'M PROBABLY GONNA WANNA RESPOND TO THE ALLEGATIONS AND STATEMENTS THAT HE MAKES.
YEAH, SO I, I FIND IT REALLY, UH, ODD THAT THOSE LETTERS CAME ABOUT.
WE'VE BEEN OPERATING THIS BUSINESS FOR NINE YEARS.
NEVER HAD A COMPLAINT FROM ANYONE.
UH, WE MOVED OIL TANKS AT ONE TIME.
THE ENVIRONMENTAL COMPANY HAD TO START EARLY THAT MORNING 'CAUSE THEY BROUGHT TRUCKS FROM JERSEY 'CAUSE IT WAS CONTAMINATED MATERIAL.
THAT WAS A ONE-TIME SITUATION WHEN WE LOADED TRUCKS, NO TRUCKS WERE IN THE ROAD AS I PARKED THEM ON TOP OF THE SIDEWALKS ON OUR OWN PROPERTY.
SO THERE WAS NO ISSUE WITH TRAFFIC.
IT WAS LIKE 7:00 AM WHEN WE STARTED, BECAUSE I WAS THERE THAT DAY.
IT WAS COLD, IT WAS THE WINTER.
AND WE DID, WE, WE MOVED 400 YARDS OF DIRT IN ONE DAY, NOT TO CAUSE ANY MORE, UH, I GUESS COMMOTION ON THAT STREET FOR US.
AND WE REMOVED ALL TANKS AND DID EVERYTHING PER, UH, THE ENVIRONMENTAL SPECTER.
WE HAD TO FOLLOW THE D C AND, UH, IT WAS THE ONE, ONE TIME WE DID SOMETHING AND THEY'RE GONNA COME BY WITH A VIDEO.
THEN ANOTHER THING IS, UH, THEY ALSO SAY WE'RE THERE AT NIGHT AND EARLY IN THE MORNING.
WE START EVERY DAY AT SEVEN 30 AND WE END EVERY DAY AT THREE 30.
WE LOCK OUR GATE AND THAT'S HOW IT'S BEEN FOR NINE YEARS.
SO I FEEL A LOT OF THE STUFF IN THIS LETTER IS B******T.
AND, UH, I DON'T APPRECIATE IT AS A, AS A BUSINESS OWNER WHO'S, UM, TRYING TO DO GOOD FOR THE COMMUNITY, PROMOTING A NICE STORE, A SERVICE TO A LOT OF CONTRACTORS AND RESIDENTIAL CLIENTS
[01:10:01]
THAT COME IN DAILY THAT WE TAKE CARE OF, THAT WE HAVE SOMEONE THAT I NEVER HEARD OF IN NINE YEARS WRITE A LETTER ABOUT SOMETHING THAT I NEVER, THAT THAT'S NOT TRUE.THEY JUST WROTE THINGS IN A LETTER THAT ARE NOT TRUE.
SO THAT'S, THAT'S WHAT I JUST WANTED TO SAY.
AND JUST, JUST A REMINDER, PLEASE, UH, NO VULGAR LANGUAGE AND, UH, SHARE, SHARE UND SMITH, DID YOU HAVE ANYTHING TO SAY? I SIMPLY WANTED TO SAY THAT, UH, THAT THE PUBLIC IN GENERAL HAS NOT SEEN SOME OF THE OPPOSITION THAT THE BOARD HAS BEEN PRIVY TO AT THIS POINT.
SO, UM, I WOULD LIKE TO FINISH WITH THOSE THAT ARE HERE TODAY WHO WISH TO ADDRESS, UH, THIS MATTER.
OKAY, MR. SHERMAN AND THANK YOU MEMBERS OF THE BOARD.
MY NAME IS ANDREW SHERMAN, A N D R E W SS H E R M A N.
I OWN ONE 15 HEATH PLACE, WHICH IS DIRECTLY TO THE EAST BEHIND THE PROPERTY THAT THE NORTH BUILDING IN QUESTION.
I NOTICED THAT COUNCIL MADE A POINT THAT THERE WERE NO RESIDENCES ON THE WEST SIDE, BUT FAILED TO NOTE TO THE BOARD THAT THERE ARE SEVERAL RESIDENCES TO THE EAST SIDE.
AND JUST IN QUICK RESPONSE TO THE HOMEOWNER'S ALLEGATION THAT HE'S A WONDERFUL NEIGHBOR WITH NO COMPLAINTS.
THEY OBVIOUSLY FORGET SEVERAL YEARS AGO THAT WE HAD TO MAKE COMPLAINTS TO THE ANIMAL CONTROL DEPARTMENT BECAUSE THEY WERE HOUSING A ROOSTER THERE THAT CHOSE TO WAKE THE NEIGHBORHOOD EVERY MORNING AS ROOSTERS ARE TEND TO DO, UM, THERE ARE A LOT OF THINGS THAT WERE SAID ABOUT THIS PROPERTY AND HOW THIS, THESE VARIANCES WILL BE WONDERFUL TO IMPROVE THE USE OF THE PROPERTY.
I CAN'T SPEAK TO WHETHER THAT'S TRUE OR NOT.
I IMAGINE IT IS, BUT I DIDN'T BUY THE PROPERTY.
THE OWNER BOUGHT THE PROPERTY KNOWING WHAT IT WAS LIKE AND KNOWING WHAT THE USAGE ARE FOR, AND KNOWING WHAT THE LIMITATIONS OF THE PROPERTY WERE.
AND THAT'S WHAT THEY SHOULD BE STUCK WITH.
I'M TALKING ABOUT IT BEING VERY NARROW AND YOU HAVE TO BACK TRUCKS UP.
THE PLAN NOW HAS FOR A CEMENT RAMP BEHIND THE BUILDING, WHICH I ASSUME IS WHERE THE TRUCKS WILL THEN GO IN THE MORNING, WHICH IS RIGHT BEHIND MY HOUSE.
AND TO ALLOW THAT WITHOUT THE VARIANCE, WITHOUT, WITHOUT THE REQUIRED DISTANCE FROM MY BACKYARD IS ABSURD.
AND I WILL ATTEST THEY START AT 7:00 AM EVERY SINGLE DAY AS THEY DID THIS MORNING, NOT SEVEN 30.
AND THIS MORNING THERE WERE THREE TRUCKS, IDLING ENSEMBLE ROAD FROM 5:30 AM ON.
THAT'S WHEN I WOKE UP AND SAW FOR THE FIRST TIME, IF WE ALLOW THIS, I ASSUME THOSE TRUCKS WILL THEN BE IDLING IN THAT PROPERTY BETWEEN THE BUILDING AND MY HOUSE.
UM, IT JUST, IT, IT IS AN ADVANTAGE TO THE BUSINESS OWNER.
I GET THAT IT IS NOT AN ADVANTAGE TO THE COMMUNITY.
IT IS NOT AN ADVANTAGE TO EVERYBODY.
IT IS CERTAINLY NOT AN ADVANTAGE TO THE HOMEOWNERS ON HEATH PLACE.
UH, WE TALK ABOUT THIS BEING THE OR, OR THE PROPONENT TALKED ABOUT IT BEING IN CURRENT NON-CONFORMANCE.
AND THE, THE PROSPECT HERE IS THAT WE WILL REWARD THE CURRENT, SORRY, UH, NON-CONFORMANCE.
WE'RE GONNA REWARD THAT CURRENT NON-CONFORMANCE BY MAKING IT PERMANENT.
THE ACTUAL ARGUMENT WAS SINCE IT'S IN NON-CONFORMANCE NOW, THAT'S THE BASIS FOR WHY WE SHOULD ALLOW NON-CONFORMANCE EVEN MORE SO GOING FORWARD.
I'LL BE HONEST WITH YOU, I DON'T HAVE AN ISSUE NECESSARILY WITH THE PARKING SPOTS.
I DON'T HAVE AN ISSUE WITH THE FRONTAGE ON SOME RIVER ROAD.
I'LL LEAVE IT TO THE NEIGHBORS, TO THE NORTH AND SOUTH, WHETHER THEY HAVE AN ISSUE WITH THOSE.
BUT TO ALLOW THIS PROPERTY TO ENCROACH EVEN MORE EAST AND AFFECT THE USE OF THE, THE, THE VALUE AND THE ENJOYMENT OF THE PROPERTY EAST IS ABSURD.
YOU KNOW, I BOUGHT MY HOME LONG BEFORE THERE WAS ANYTHING BUILT THERE AND I SHOULD HAVE DONE BETTER RESEARCH AS TO WHAT WAS ALLOWED THERE AND I DIDN'T.
BUT I LIVED WITH IT BECAUSE THOSE WERE THE RULES AND THAT'S WHAT THEY'RE ENTITLED TO DO WITH THEIR PROPERTY AND I RESPECT THAT.
BUT THAT SHOULD BE WHAT THEY'RE ALLOWED TO DO WITH THEIR PROPERTY.
WHEN THEY BOUGHT THAT PROPERTY, THEY SHOULD HAVE KNOWN WHAT THE RULES WERE AND WHAT THE RESTRICTIONS ARE.
AND IF THE PROPERTY'S NOT SUITABLE FOR THE BUSINESS, THEY WANNA RUN THERE.
THEY SHOULD HAVE BOUGHT A DIFFERENT PROPERTY, THEY SHOULDN'T BUY THAT PROPERTY.
AND THEN HEARSE, THE BUR HOIST THE BURDEN ON THE NEIGHBORHOOD TO ALLOW THEM TO MAKE THE CHANGES THAT ALLOW THAT LET THAT PROPERTY BE MORE USEFUL FOR THEIR INTENDED PURPOSES.
UM, AND THIS IS EVEN MORE SO NOW IS WITH COVID AND THE PANDEMIC AND A SH GENERAL SHIFT IN THE WAY PEOPLE WORK.
I WORK FROM HOME NOW FIVE DAYS A WEEK.
THAT NOISE IS LITERALLY RIGHT THERE.
IT'S BAD ENOUGH AS IT IS, BUT THAT'S OKAY 'CAUSE IT'S USED.
UH, MAYBE IT'S NOT BECAUSE MAYBE IT'S A NON-CONFORMANCE, BUT IT'S BEING USED IN THE PERMITTED USE OF THE PROPERTY.
BUT TO ALLOW THEM TO MOVE THOSE OPERATIONS CLOSER TO MY HOUSE AND INCREASE THE BURDEN ON ME IS SIMPLY UNFAIR.
A MATTER OF FACT, IF I CAME IN WITH A PETITION FOR YOU TO CHANGE THE, THE ZONING
[01:15:01]
THERE FROM LIGHT INDUSTRIAL TO RESIDENTIAL AND MADE THE WONDERFUL ARGUMENT THAT WOW, IT WOULD MAKE MY PROPERTY SO MUCH MORE USABLE FOR ME, SO MUCH MORE VALUABLE, SO MUCH, WELL MORE WELL SUITED TO THE USE THAT I WANT MY PROPERTY, YOU GUYS WOULD LAUGH ME OUT OF THE MEETING BECAUSE THAT'S NOT HOW IT'S SUPPOSED TO WORK.EVERYBODY BOUGHT THEIR PROPERTIES WITH THE UNDERSTANDING OF WHAT THE PROPERTY USES AND RESTRICTIONS WERE AND WHAT THEY'RE NOT.
AND THIS WOULD COUNTS TO NOTHING MORE THAN AN UNFAIR TAKING IF WE ALLOW THESE CHANGES.
SO WITH THAT, THAT'S ALL I HAVE TO SAY.
I DON'T KNOW IF THERE ARE OTHER NEIGHBORS THAT WOULD LIKE TO SPEAK, BUT THANK YOU VERY MUCH FOR YOUR TIME AND FOR HEARING MY POSITION.
MADAM CHAIR, COULD I JUST CORRECT THE RECORD FOR A MINUTE? YES.
WE'RE, WE'RE NOT, THE CONCRETE RAMP IS NOT PROPOSED FOR TRUCKS COMING BACK BEHIND THE BUILDING.
AND I THINK THAT'S AN IMPORTANT CORRECTION.
GARRETT, COULD YOU DO ME A FAVOR AND JUST BRING THAT PLAN UP AGAIN? YES.
WELL, WITH ALL DUE RESPECT, YOU'RE THE ONE PROPOSING THAT, THAT THIS IS NON-CONFORMANCE BY THIS OWNER.
SO I HAVE NO CONFIDENCE WHAT THE USE WILL AND WILL NOT BE MOVING FORWARD.
WE, WE CANT HAVE, WE CAN'T HAVE BACK AND FORTH DIALOGUE.
ONE PERSON CAN SPEAK THEY WHEN THEY FINISH, THEN THERE CAN BE A RESPONSE.
BILL, CAN I SPEAK THE NON-CON, NON-CONFORMANCE? WHAT I'D SAID IS THAT IT WAS LEGALLY NON-CONFORMING.
NOT THAT THERE'S SOMETHING THAT WE'RE, THAT'S BEING DONE ILLEGALLY THAT SHOULDN'T BE ALLOWED TO BE EXPANDED.
THERE'S A, A
SO IN ANY, UM, IN ANY EVENT, I WANTED TO POINT OUT THAT THE, WHAT'S SHOWN AS A CONCRETE RAMP IS FOR, UH, HAND TRUCKS.
IT'S NOT FOR TRUCKS AND IT'S FOR, UH, IT'S WHERE A, UH, A LIFT CURRENTLY TRAVELS TO DEPOSIT MATERIALS, UM, INTO BINS.
THERE'S NO PROPOSAL AT ALL TO HAVE TRUCKS TRAVEL UP A CONCRETE RAMP CLOSE SUITED, UM, MR. SHERMAN'S HOME.
THE NEIGHBOR NEXT TO ME HAS A CHICKEN COOP IN HIS PROPERTY AND I, I PERSONALLY CAN'T STAND IT EITHER 'CAUSE IT'S VERY DIRTY.
AND I ACTUALLY GOT TO THE POINT WHERE I'M TRYING TO BUY THAT PROPERTY FROM THE, THE, THE GUY RIGHT NOW.
AND I THINK HE'S CONFUSING MY PROPERTY WITH THIS, THIS OTHER PROPERTY.
AND I'D JUST LIKE EVERYONE TO KNOW THAT BECAUSE THAT PROPERTY RIGHT NOW IS NOT MINE.
AND THAT GUY STARTS EARLY IN THE MORNING, HAS DUMP TRUCKS, HAS ROOSTERS, HAS CHICKENS.
CAN YOU
YES, LET, YES, LEMME SEE THE BOARD.
I JUST WANTED TO CORRECT SOMETHING IN THE FACT THAT THE PROPERTY WAS REQUIRED TO HAVE PARKING FROM THE ORIGINAL APPROVED SITE PLAN, BUT SOMEHOW ALONG THE WAY THE PARKING KIND OF MORPHED OUT OF THE SITE AND THE SPOTS WEREN'T SO, SO THE LACK OF PARKING IS NOT LEGALLY NON-CONFORMING.
IT'S JUST NOT IN COMPLIANCE WITH THE CURRENT ORIGINAL SITE PLAN.
ANTHONY, HOW MANY PARKING SPACES WERE THEN SUPPOSED TO BE THERE? I, I WOULD'VE TO RESEARCH IT.
I DON'T HAVE THAT INFORMATION RIGHT IN FRONT OF ME RIGHT AT THIS MOMENT, BUT THERE WAS AN APPROVED SITE PLAN WITH, WITH A CERTAIN NUMBER OF SPOTS.
CAN CAN TRUCKS, UM, UH, IDLE IN THE, IN THE, IN THE REAR OF THE PROPERTY AS THE HOMEOWNER IS, UM, AS CONCERNED ABOUT TRUCKS DO NOT FOR THE TRUCK.
TRUCKS DO NOT IDLE IN THE PARKING LOT WHEN WE GET DELIVERY TRUCKS IN THE GATES GET OPEN AT THIS TIME.
THEY DUMP, THEY GET LOADED, THEY'RE IN AND OUT ALL DAY.
THERE'S NO TRUCK STORING THERE AT RANDOM TIMES THROUGHOUT THE NIGHT OR IN THE MORNING OR ANYTHING LIKE THAT.
SO I'M NOT SURE, UH, WHERE THIS IS COMING FROM, BUT THAT'S HOW WE RUN OUR OPERATION.
OUR GATES OPEN AT SEVEN 30 AND TRUCKS PULL IN AND WE LOAD THEM, WE SELL THE MATERIAL, THEY DELIVER OUR STUFF AND THAT'S HOW OUR OPERATION RUNS.
DID MISS, UH, QUESTION BUT, UH, OKAY, SO SORRY.
UH, I I DIDN'T REALIZE YOU HAD A QUESTION.
[01:20:01]
MA'AM, ARE YOU PREPARED TO SPEAK? UH, YEAH.SO, UM, I LIVE, UH, MY NAME IS H E I D I G R A L L A.
AND UM, I LIVE AT ONE 11 HEATH PLACE.
I LIVE NEXT TO ANDREW SHERMAN.
AND, UM, I, YOU KNOW, I DON'T KNOW A LOT ABOUT READING HOW THE PLANS ARE, WHATEVER, BUT I JUST WANNA ECHO WHAT HE SAID ABOUT THE FACT THAT ALTHOUGH IT'S ZONED LIGHT INDUSTRIAL, UM, IT DOES BACK UP TO A RESIDENTIAL STREET.
AND I JUST WANNA ASK THE ZONING BOARD TO BE COGNIZANT OF THAT AS THEY EVALUATE THIS, THAT IT DOES BACK UP TO RESIDENTIAL STREET.
AND AS ANDREW SAID, WHATEVER IS THERE THAT IS A LEGITIMATE USE OF THEIR PROPERTY, WE BOUGHT OUR PROPERTY UNDERSTANDING THAT, OR AT LEAST WE SHOULD HAVE.
BUT TO THE EXTENT THAT IT CHANGES THAT AND, AND MAKES IT MORE SO, I THINK THAT THE ZONING BOARD JUST NEEDS TO BE AWARE THAT IT DOES BACK UP TO A RESIDENTIAL NEIGHBORHOOD.
IT IS NOISY AND, UM, WE HAVE TO LIVE WITH WHAT IT IS, BUT I'M CERTAINLY NOT LOOKING TO HAVE IT BECOME ANY MORE THAN THAT.
SO, UM, IF THE PLANS AS THEY'RE WRITTEN, UM, ARE GONNA MAKE IT MORE THAN THAT, THAT DOES CONCERN ME.
I CERTAINLY WANNA BE A GOOD NEIGHBOR TO THE PEOPLE ON MY STREET AS WELL AS TO THE PEOPLE THAT I BACK UP TO.
BUT I JUST WANT THE ZONING BOARD TO BE AWARE THAT WE, WE ARE RESIDENTIAL NEIGHBORHOOD AND, UM, WE DID BUY OUR HOMES WITH AN UNDERSTANDING THAT THE PROPERTIES THAT WERE ADJACENT TO US WOULD BE USED IN THE MANNER IN WHICH IT WAS, THEY WERE DESIGNED TO BE APPROVED.
AND THIS IS A LONG LIST OF VARIANCES, WHICH FEELS LIKE IT SOMEWHAT CHANGES WHAT WAS INTENDED FOR THE USE OF THAT PROPERTY.
SO I JUST WOULD ASK THE ZONING BOARD TO BE COGNIZANT OF THAT.
ANYONE ELSE? UH, WILLIAM, DID YOU HAVE A QUESTION? YEAH, I WAS GONNA ANSWER, BECAUSE I INCLUDE THE PLANS EXACTLY WHERE THE EIGHT PROPOSED, UM, PARKING SPACES WERE GONNA BE.
AND THE APPLICANT COULD JUST BE A LITTLE BIT CLEARER IN TERMS OF THE TRUCK USAGE BECAUSE WE'RE TALKING ABOUT, UH, LIKE 18 WHEELER TRUCKS.
ARE THESE, UM, UH, DUMP BED TRUCKS, PICKUP TRUCKS.
JUST SO WE'RE A LITTLE BIT CLEARER IN TERMS OF YOUR OPERATION.
UM, I ACTUALLY HAVE PASSED IT IN OPERATIONS.
I JUST WANT YOU TO BE A LITTLE CLEAR ON WHAT THIS, I WILL SAY EXTENDED USE, WHAT IS IMPROVED USE MAY BE IF POSSIBLE.
SO I MEAN, UM, MR. NOLL, IF YOU'D LIKE TO JUMP IN, THAT'S FINE, BUT I MEAN, I CAN MOVE MY CURSOR OVER THE PARKING SPACES.
SO THIS IS THE, AND UM, THERE ARE SIX SPOTS PROPOSED IN THIS LOCATION, AND I BELIEVE THIS IS THE, UH, THE LOCATION OF TWO ADDITIONAL PARKING SPACES.
SO, UM, THESE ARE NOT VANS, THESE THERE, I THINK LUIGI, IF YOU'RE AVAILABLE TO COMMENT ON THE TYPES OF TRUCKS, I WOULD APPRECIATE IT.
WE, WE HAVE ALL TYPES OF TRUCKS FROM, UH, PICKUP TRUCKS, UH, SMALL MASON DUMP TRUCKS, UH, SOMETIMES TRI AXLES, EVEN RESIDENTIAL CARS, PEOPLE COME IN AND THERE, THEIR, THEIR, THEIR ALL WHEEL DRIVE CARS.
NO, I DON'T GET THAT TO GRAB MATERIAL.
I MEAN, WE, WE SELL, UH, OUTDOOR DIDN'T MATERIAL AND ALL TYPES OF CLIENTS COME IN FROM HOMEOWNERS TO CONTRACTORS.
AND WE'RE ON A STATE ROAD, WHICH HAS A LOT OF COMMERCIAL BUSINESSES ON IT, AND WE FEEL LIKE WE DO NOT TRY TO MAKE IT NOISY AT ALL.
ALL MY MACHINES THAT ARE ON SITE HAVE, UH, LOW EMISSIONS AND, UH, FILTERS THAT KEEP THE NOISE DOWN.
THE STREET IN GENERAL HAS A LOT OF TRAFFIC ON IT, BUT THAT'S BASICALLY THE TYPE OF, UH, EQUIPMENT AND TRUCKS THAT FALL INTO THE SITE EVERY DAY.
IF I COULD RESPOND, THAT'S APPROPRIATE.
UM, THAT'S A VERY MISLEADING ANSWER.
HE'S GIVEN YOU THE ANSWER OF THE TYPE OF VEHICLES THAT HIS PURCHASING CUSTOMERS ARE SHOWING UP IN.
BUT THE VEHICLES THAT ARE DELIVERING THE MATERIALS ARE PRIMARILY LARGE 18 WHEELERS, LOAD GRAVEL, THE BIG MASSIVE 18 WHEELERS WITH THE WHOLE BACK DUMPS.
AND THEY'VE GOT EMPTY EVERYTHING OUT WITH STONE AND GRAVEL AND EVERYTHING ELSE.
THESE ARE VERY, VERY LARGE TRUCKS ON A REGULAR BASIS, NUMBERS OF THEM EVERY DAY.
HE MAY BE ENTIRELY, ENTIRELY RIGHT ABOUT THE CUSTOMERS COMING TO PURCHASE MATERIAL ARE COMING IN FOUR WHEEL DRIVES AND PICKUPS AND DUMP TRUCKS.
BUT THAT'S NOT HOW THE, THAT'S NOT THE EQUIPMENT THAT'S BEING USED TO DELIVER THE MATERIALS.
AND THAT'S NOT THE, THOSE ARE NOT THE CARS AND THE VEHICLES THAT ARE NOISY AND DIFFICULT AND SITTING THERE IDLING IN THE MORNING, AND MAYBE HE DOESN'T OPEN HIS GATES TILL SEVEN TO LET 'EM IN, BUT THEY SHOW THEY DON'T GET THERE AT SEVEN.
THEY'RE GETTING THERE MUCH EARLIER.
THEY'RE DRIVING THROUGH THE NIGHT AND THEY'RE IDLING ON THE ROAD.
AND IF HE'S SAYING THAT THOSE GATES ARE GONNA REMAIN CLOSED AND NO ONE WILL BE ALLOWED TO PROP PULL ONTO THE PROPERTY TO IDLE.
[01:25:01]
IF THIS DOES GET APPROVED, I'D AT LEAST LIKE THAT TO BE A STIPULATION.UH, BUT AGAIN, I THINK ALLOWING THE ACTIVITY IN THE PROPERTY TO MOVE 10 PLUS FEET CLOSER TO THE RESIDENTIAL NEIGHBORHOOD IS, UM, IS, IS SIMPLY UNACCEPTABLE.
AND I THINK THEY'RE, IT'S VERY DISCOURAGING AND MISLEADING TO SAY THESE ARE PICKUP TRUCKS AND SUVS.
THESE ARE NOT, THESE ARE MASSIVE.
AND I THINK IF YOU LOOK AT THE, UM, THE MATERIAL THAT PHIL ANI, UH, PRESENTED IN, IN SUBMITTED, YOU'LL SEE IN SOME, SOME OF HIS IS ABOUT THE CONSTRUCTION OF THE DUMP TRUCKS DURING THE BUILDING.
AND GRANTED, THAT WAS DIFFERENT AND UNIQUE IN A ONE-OFF, BUT I BELIEVE HE ALSO SHOWS PICTURES OF THE TRUCKS IDLING IN THE MORNING AND WAITING THERE.
THOSE ARE THE TYPES OF TRUCKS WE'RE TALKING ABOUT.
UH, FIRST OF ALL, THAT WAS A, THAT WAS A ONE TIME SITUATION WHERE WE TALKED ABOUT WHEN WE CLEANED OUT THE OIL TANKS.
SECOND OF ALL, WE ARE NOT PROPOSING ANY DIFFERENT OPERATION THAN WHAT, THAN WHAT'S BEEN THERE FOR THE PAST NINE YEARS.
AND I, AND BEING THERE NINE YEARS, I HAVEN'T SEEN ONE COMPLAINT ABOUT THE NOISE OF OUR OPERATION COME TO ME THROUGH THE BUILDING DEPARTMENT, THROUGH A NEIGHBOR COMING BY AND SAYING, UH, YOU KNOW, IT'S LOUD.
CAN YOU GUYS WATCH OUT? CAN YOU, COULD YOU NOT? LIKE, SO I MEAN, NOTHING IS CHANGING FROM THE OPERATION.
ALL WE'RE ASKING FOR IS TO SHIFT THINGS AROUND IN OUR OPERATION, OUR, OUR LAYOUT TO MAKE IT BETTER FOR THE COMMUNITY TO COME IN AND USE OUR STORE.
WE'RE NOT BRINGING TRUCKS 10 FEET CLOSER TO YOUR HOUSE.
MATTER OF FACT, IT'S PROBABLY GETTING 10 FEET FURTHER AWAY NOW WITH THE NEW LAYOUT.
I I, I, I WOULD HIGHLY RECOMMEND YOU UNDERSTAND THE DRAWINGS AND THEN DECIDE TO MAKE COMMENTS, THEN JUST MAKE ASSUMPTIONS BASED FROM A PICTURE, FROM A ONE TIME EVENT THAT WILL NEVER, EVER HAPPEN AGAIN.
WITH, WITH ALL DUE RESPECT, I WAS VERY CLEAR THAT I WAS ACCEPTING THAT ONE TIME EVENT AND THE BOARD SHOULD NOT MAKE CONFUSE MY COMMENTS AND TAKE NEGATIVE IMPLICATIONS FROM THOSE PICTURES.
I WAS POINTING TO THE OTHER PICTURES OF THE REGULAR USAGE.
I WAS TRYING TO BE VERY CLEAR AND VERY FAIR.
UM, AND WHILE YOU THINK THIS IS AN ENHANCED USE FOR THE COMMUNITY, I RESPECTFULLY DISAGREE, IT'S AN ENHANCED USE FOR THE PROPERTY OWNER AND THE PORTION OF THE COMMUNITY THAT ARE HIS, HIS CUSTOMERS AND HIS CLIENTS.
AND I, I, I EXCEED THAT AND I UNDERSTAND THAT, BUT I DON'T THINK IT'S AN ENHANCED USE FOR THE COMMUNITY.
THEY, I THINK IT'S IMPORTANT TO NOTE THAT THE SAME NUMBER OF BINS ARE PROPOSED AS THE, AS EXISTS.
THEY'RE BEING MOVED FURTHER SOUTH TO ACCOMMODATE THE ADDITIONAL PARKING.
SO WE'RE NOT INCREASING THE SIZE OF WHERE WE'RE, UH, WHERE WE'RE STORING THE, THE MATERIAL IN THE BINS.
UM, SO WHAT OUR, MY CLIENT WAS SAYING IS THAT THE NATURE OF THE BUSINESS IS NOT EXPANDING.
THE BENEFIT HERE IS THAT WE'RE ABLE TO TAKE TRUCKS OFF THE ROAD SO THAT THEY CAN COME IN HEAD FIRST AND LEAVE HEAD FIRST, WHICH IS A SIGNIFICANT ADVANTAGE BOTH FOR EFFICIENCY AND FOR SAFETY FOR EVERYBODY.
IS THERE ANY, UH, THOUGHT BEEN GIVEN TO ANY OF THE, UH, CONCERNS ABOUT THE NEIGHBORS THAT DO, UH, ON, YOU KNOW, ON THE BACK OF THE PROPERTY THERE ON THE NEXT STREET, UH, WITH REGARD TO ANY WAY IN WHICH ANY NOISE COULD BE, UM, PERHAPS I GUESS DEALT WITH IN ANY, ANY WAY THAT MIGHT BE HELPFUL FOR YOU TO GET THIS APPLICATION OR NOT? I WOULD THINK THAT, UM, NOT HAVING TRUCKS NEED TO BACK UP AS, AS OFTEN IS A BENEFIT IN REDUCING NOISE.
BUT IN A SITE LIKE THIS WHERE THE TOPOGRAPHY IS SUCH THAT THE HOLES ARE PROBABLY 50 FEET UP FEET FROM THE SITE, IT'S VERY HARD TO THINK OF ANY ACOUSTICAL BARRIER THAT ONE COULD CONSIDER THAT THAT MIGHT BE EFFECTIVE.
SO THE MAIN THING IS TO TRY AND NOT HAVE INCREASED TRUCK CIRCULATION NOISE.
AND AS, UH, MR. SHERMAN WAS SAYING, AND OUR CLIENT, UH, WAS WILLING TO DO, WE, WE HAVE GATES AT THE PROPERTY AND WE DON'T OPEN THE GATES UNTIL REGULAR BUSINESS HOURS WHEN PEOPLE ARE ABLE TO COME IN TRUCKS IN, UH, DOWN IN YONKERS, ALONG THE SAME SECTION AND ALL ALONG THE SAME SECTION NORTH OF US LINE UP ON THE ROAD.
IT'S A TWO LANE ROAD, OTHERWISE, OR THEREABOUTS.
AND PEOPLE THEN THE TRUCKS PARK ON THE SIDE AND WAIT TO COME IN AND OUT OF THE OTHER, UM, LIGHT INDUSTRIAL USES THAT WERE ON THIS SECTION OF THE ROAD.
WITH ALL DUE RESPECT, THOSE IN OUR BACKED UP TO COMMUNITIES.
AND WITH ALL DUE RESPECT, I DID NOT BUY A HOME IN YONKERS ON THAT STREET.
[01:30:02]
I'M NOT SUGGESTING IT'S YONKERS, I'M SAYING THIS SECTION HAS A LOT OF LIGHT INDUSTRIAL USES ALONG IT FOR, FOR THE SECTION NORTH AS WELL AS THE SECTION SOUTH.IS ANYONE ELSE WHO WISHES TO ADDRESS THE BOARD WITH RESPECT TO THIS APPLICATION? UM, CHAIRPERSON BUNTING SMITH, JUST FOLLOWING UP ON YOUR COMMENT, UM, I JUST WANTED TO POSE ONE QUESTION TO THE APPLICANT.
I DON'T KNOW IF IT'S FEASIBLE, I HAVEN'T BEEN TO THE UPPER SIDE BETWEEN THE, UM, PROPERTY, UH, THE SUBJECT PROPERTY AND WHERE THE RESIDENTIAL PROPERTIES ARE.
UM, BUT IS THERE AN OPPORTUNITY FOR SAY, EVERGREEN PLANTINGS AT THE PROPERTY LINE UPHILL? UH, THINKING ALONG THE LINES OF, OF THE CHAIRPERSON, UH, I, I DON'T THINK EVERGREEN'S, YOU HAVE A, A BIG SLOPE THAT GOES UP LIKE 50 FEET THAT HAS A LOT OF TREES AND BUSHES AND ALL STUFF THAT WE MAINTAIN.
UM, AND I DON'T THINK YOU COULD PLANT TREES IN THAT SITUATION.
I MEAN, THOSE TREES AND BUSHES AND ALL THAT DEFINITELY, UH, STOPS NOISE FROM GETTING UP THERE.
WE CAN CERTAINLY, WE CAN LOOK AT THE TOP OF THE PROPERTY AT THE TOP OF THE LAND THERE.
UH, IF, IF THE NEIGHBORS ARE INTERESTED IN IT, IF EVEN IF IT ENDS UP BEING ON THEIR PROPERTY, IF IF PLANTING SOME TREES ALONG THAT AREA MAY BE HELPFUL, WE'RE CERTAINLY WILLING TO CONSIDER IT AND GET BACK TO THE BOARD.
YEAH, SO I'M HAPPY TO MEET ANYONE WHO LIVES DIRECTLY BEHIND US TO DO WHATEVER WE HAVE TO DO TO MAKE YOUR LIVING SITUATION MORE COMFORTABLE IN AT YOUR HOUSE.
LIKE WE, LIKE BILL SAID, IF WE'RE GONNA PLANT SOME TREES, THAT'S NOT A PROBLEM.
AND, UH, I JUST WANNA BE A FRIENDLY NEIGHBOR TOO.
I'M JUST TRYING TO OPERATE A BUSINESS, A BUSINESS THAT'S OBVIOUSLY STRUGGLING WITH COVID DUE TO THE FACT THAT WE HAD A SEASON THAT WE HAD AND WE JUST WANNA FIX OUR STAR UP SO WE CAN WORK AND BE EFFICIENT.
SO HOPEFULLY THE FUTURE COULD BE BRIGHT FOR US.
WE LOOK FORWARD TO MEETING WITH THE NEIGHBORS AND SEEING IF THERE'S SOME ACCOMMODATION THAT MAY BE ABLE TO BE MET.
JUST ONE OTHER QUESTION, GENTLEMEN, BEFORE YOU GO OFF THIS CASE TO THE NEXT CASE, THE ROOSTERS, ARE THEY ON THE PROPERTY NORTH OF THIS SITE, NORTH OF THE SITE? YES.
THEY'RE ON THE PROPERTY NORTH AND UH, SOUTH.
THEY'RE ON THE PROPERTY SOUTH OF US AND IT'S NOT JUST ROOS, IT'S, IT'S A FULL-BLOWN CHICKEN COOP.
WE'LL PUT IT ON THE CODE ENFORCEMENT OFFICER'S HIT LIST.
MOVING ON TO CASE 2023, DUG TEMPLE OF WESTCHESTER, 1880 SAMUEL RIVER ROAD.
AND DO WE HAVE THE APPLICANT? GOOD EVENING, MADAM CHAIR, MEMBERS OF THE ZONING BOARD.
MY NAME IS MAXIMILIAN MAHALICK.
I'M AN ASSOCIATE WITH AZARIN AND STEIN AND I REPRESENT THE GEORGIA TEMPLE OF WESTCHESTER, THE APPLICANT ON THIS MATTER.
I'M JUST GOING TO SHARE MY SCREEN ONE MOMENT PLEASE.
AND DOES EVERYONE SEE THE SURVEY THERE? YES, YES.
UM, SO THE GEORGIA TEMPLE SIGNED A CONTRACT TO PURCHASE THE SINGLE FAMILY HOME IN 1880 SAWMILL RIVER ROAD.
UM, IT IS IN THE PROCESS OF CLOSING THAT PURCHASE AND IT INTENDS TO RENOVATE THE HOME INTO A PLACE OF WORSHIP, SPECIFICALLY A HINDU TEMPLE.
NOW, PRIOR TO OUR FIRM COMING ON BOARD, THERE WAS A SURVEY CONDUCTED THAT SHOWED THAT THE HOME WAS SET BACK 53.1 FEET FROM THE WEST LOT LINE, WHICH IN THIS CASE IS THE FRONT YARD LOT LINE.
UM, AND THAT IS WHAT TRIGGERED THE ORIGINAL VARIANCE APPLICATION BECAUSE IN YOUR ZONING CODE, THERE IS A REQUIREMENT THAT ALL PLACES OF WORSHIP BE SET BACK A HUNDRED FEET FROM ALL LOT LINES AS WELL AS ALL STREETS.
UM, WE'RE SET BACK MORE THAN A HUNDRED FEET FROM ALL THE OTHER LOT LINES, UM, AND STREETS.
AND IN FACT, WE ARE SET BACK 115.5 FEET FROM THE SAWMILL RIVER ROAD, BUT DUE TO THE STATE'S D O T RIGHT OF WAY ALONG THE SAWMILL RIVER ROAD WE'RE SET BACK, UM, SHORT OF A HUNDRED FEET FROM THE FRONT YARD, LOT LINE.
UM, AND THEN WE RECEIVED OUR BUILDING DEPARTMENT DENIAL WITH THE 53.1 FOOT SETBACK REQUIREMENT, UM, FOR VARIANCE.
AND WE FILED OUR APPLICATION ALONG WITH THE WETLAND AND SLOPE CLEARANCE APPROVALS.
NOW, AS PART OF THE CLOSING PROCESS, THERE WERE SOME TAX MAP CORRECTIONS THAT WE'RE WORKING ON.
SO OUR FIRM, UM, HAD A NEW SURVEY PRODUCED, AND THIS NEW SURVEY SHOWS THAT THE HOME IS IN FACT, 36.8 FEET BACK FROM THE FRONT YARD BLOT LINE.
[01:35:01]
IS THE UPDATED SURVEY THAT IS ON THE SCREEN.YOU'LL SEE THAT 36.8 FOOT SETBACK THERE, AND YOU'LL SEE THAT WE ARE SETBACK 115.5 FEET FROM THE SAWMILL RIVER ROAD.
UM, SO THIS DOES INCREASE OUR VARIANCE REQUEST FROM A 46.9% REQUEST TO A 63.2% REQUEST.
UM, HOWEVER, THE HOME IS CLOSER TO THAT FRONT YARD, THAT WEST LOT LINE, AND FARTHER AWAY FROM THE RESIDENCES, AND WE DO NOT BELIEVE THERE ARE ANY NEW OR INCREASED IMPACTS DUE TO THIS CHANGE IN THE VARIANCE PERCENTAGE.
UM, I HAD A CONVERSATION WITH MS. WALKER, UM, WHO ALLOWED US TO PRESENT TONIGHT, UM, ON OUR PROPOSAL.
I DO UNDERSTAND THAT THE APPLICATION DOES HAVE TO BE RE-NOTICE WITH THE UPDATED VARIANCE REQUEST, AND WE DID CIRCULATE TO THE BOARD LAST WEEK, UM, AN UPDATED COPY OF THE SURVEY, AND ALSO WE RECEIVED AN UPDATED DETERMINATION FROM THE BUILDING DEPARTMENT SHOWING THE NEW VARIANCE REQUIREMENT.
SO THAT WAS VERY HELPFUL TO RECEIVE.
UM, I KNOW THAT YOU GUYS HAVE RECEIVED OUR POINTS, UM, THAT ARE IN OUR COVER LETTER.
THE POINTS ARE APPLICABLE TO BOTH OUR ORIGINAL REQUESTS AND THIS CURRENT REQUEST.
UM, I KNOW YOU GUYS HAVE THOSE IN FRONT OF YOU, SO I WON'T GO THROUGH ALL OF 'EM.
UM, I'LL JUST DO A, A QUICK SUMMARY HERE.
UM, SO LOOKING AT THE FIVE BALANCING FACTORS, UH, SPECIFICALLY IF THERE'S GOING TO BE A DETRIMENT TO THE CHARACTER OF THE NEIGHBORHOOD OR NEARBY PROPERTIES, UM, I WOULD LIKE TO NOTE THAT THE HOME RIGHT NOW IS IN A PRETTY, UH, RUNDOWN CONDITION.
DO YOU SEE THE PHOTOS IN FRONT? I JUST WANNA MAKE SURE THAT THOSE APPEAR OR DO I HAVE TO RESHARE? UM, SO THE HOME IS IN A PRETTY RUNDOWN CONDITION.
UM, SO WE ARE GOING TO BE CONDUCTING EXTERIOR IMPROVEMENTS, INCLUDING NEW STAIRS, ADDING A STEEPLE, GENERAL FACADE IMPROVEMENTS.
THERE WILL BE NO NEW PRIMARY STRUCTURES ON THE SITE JUST TO GAZEBO AS AS AN ACCESSORY SITE.
THE PARKING AREA WILL BE EXTENDED EXPANDED BY ROUGHLY 1,750 SQUARE FEET.
UM, BUT THAT WILL ONLY INCREASE THE IMPERVIOUS SURFACE REQUIRE, UH, PERCENTAGE BY ABOUT 2%.
UM, ACCESS WILL BE OFF THE SAWMILL RIVER ROAD AS SHOWN IN THE SITE PLAN BEFORE YOU, UM, THERE WILL BE NO GLARE FROM THESE MATERIALS USED.
THE DESIGN OF THE IMPROVEMENTS WILL BE TASTEFUL AND AS SHOWN ON THE UPDATED SURVEY, AS I NOTED, WE ARE STILL OVER A HUNDRED FEET FROM ANY OF THE SURROUNDING RESIDENCES.
UM, AND MOST ACTIVITIES ON THE SITE WILL TAKE PLACE ON TUESDAY EVENINGS AND WEEKENDS DURING DAYTIME.
ALL, UM, CONCLUDING THAT THE IMPACT OF THIS USE WOULD BE MINIMAL.
AND I WOULD ALSO LIKE TO NOTE THAT PLACES OF WORSHIP ARE ALLOWED BY WRIGHT IN THIS DISTRICT, AND THERE ARE THREE PLACES OF WORSHIP WITHIN 2,800 FEET, INCLUDING THE WOODLANDS COMMUNITY TEMPLE, ST.
JOSEPH'S CHURCH, AND THE FIRST COMMUNITY CHURCH.
UM, IN REGARDS TO THE OTHER BALANCING FACTORS FOR AN AREA VARIANCE REQUIREMENT, UM, AS TO AN ALTERNATIVE, UM, WE DO KNOW THAT THE VARIANCE IS REQUIRED GOING IN WHILE PURCHASING THIS PROPERTY.
OUR CLIENT DOES NOT HAVE THE, UH, RESOURCES TO MOVE THE PROPERTY, UM, EXCUSE ME, TO MOVE THE BUILDING.
AND, UM, IF A NEW BUILDING WAS TO BE ERECTED THAT WAS PUSHED BACK, THAT MIGHT REQUIRE OTHER AREA VARIANCES AND WOULD BE VERY COSTLY AND CAUSE SIGNIFICANT DISTURBANCE BOTH ENVIRONMENTALLY AND TO THE NEIGHBORS.
UM, WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL, AS I NOTED, THE PERCENT VARIANCE THAT WE'RE REQUESTING IS GOING FROM 46.9 TO 64.2%.
UH, BUT NO SUBSTANDARD LOT IS BEING CREATED.
AND AS I SAID BEFORE, WE BELIEVE THAT THERE WILL BE NO IMPACTS OR MINIMAL IMPACTS ON THE SURROUNDING RESIDENCES.
SO WE DO NOT BELIEVE THE VARIANCE IS SUBSTANTIAL.
UM, WHETHER THE PROPOSED VARIANCE WILL HAVE AN ADVERSE EFFECT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS, UH, THERE WILL BE NO IMPROVEMENTS ON ANY STEEP SLOPES OR WETLANDS OR OTHER ENVIRONMENTALLY SENSITIVE AREAS.
UM, AND AS I SAID, THE IMPERVIOUS SURFACE PERCENTAGE IS ONLY INCREASING BY A MINOR 2%.
UM, SO WE DON'T BELIEVE THERE'LL BE ANY NEGATIVE ENVIRONMENTAL IMPACTS.
AND LASTLY, UH, WHETHER THIS, UM, VARIANCE NEED WAS SELF-CREATED, WE DO ACKNOWLEDGE THAT OBVIOUSLY AS WE'RE GOING IN TO PURCHASE THE PROPERTY, WE UNDERSTAND THAT THE VARIANCE IS NEEDED.
UH, OBVIOUSLY OUR, OUR CLIENT DID NOT ORIGINALLY DEVELOP THIS HOUSE, UH, NOR HAVE ANY INVOLVEMENT WITH THE FACT THAT THE STATE TOOK THE RIGHT OF WAY AND MOVED BACK OUR FRONT YARD LOT LINE.
UM, BUT I ALSO NOTE UNDER NEW YORK LAW THAT THE ISSUE OF SELF-CREATION IS NOT DETERMINATIVE IN THIS, UM, REGARD WHEN IT COMES TO REVIEWING AN AREA VARIANCE REQUEST.
AND LASTLY, I JUST WANNA RESPECTFULLY, UH, REMIND THE BOARD THAT UNDER FEDERAL AND STATE LAW, UH, RELIGIOUS LAND USES ARE, HAVE GREATER FLEXIBILITY WHEN IT COMES TO THE APPLICATION OF LOCAL ZONING LAWS AND THERE'S A REQUIREMENT THAT THEY BE ACCOMMODATED WHEREVER POSSIBLE.
[01:40:01]
MUCH MY, MY POINTS THERE.UM, I DO UNDERSTAND THAT THERE WAS AN EMAIL RECEIVED IN SUPPORT FROM A MR. MONTESANO AT 1 32 SHERMAN AVENUE.
UM, SO I APPRECIATE THAT THAT WAS SENT TO US.
AND I BELIEVE THAT WE HAVE MR. TOM ALAMA.
UM, TOM, IF YOU HAVE ANY OTHER ITEMS YOU WANT TO, UH, PROVIDE IN REGARDS TO DESIGN, UM, I'M GONNA STOP SHARING THE SCREEN THERE.
SO I, IF YOU HAVE ANYTHING ELSE TO PROVIDE, FEEL FREE AND I'M HAPPY TO ANSWER ANY QUESTIONS THAT THE BOARD MAY HAVE.
UH, MY NAME IS TOM AVI LAMA ARCHITECT FOR THE APPLICANT.
ACTUALLY, UH, MAX DID A GREAT JOB EXPLAINING EVERYTHING AND, UH, I HAVE NOTHING ELSE TO ADD TO THE, UH, PRESENTATION, UH, BUT IF YOU HAVE ANY QUESTIONS TO ANSWER, THE ONLY QUESTION WOULD BE IF YOU WANNA SPELL YOUR NAME FOR THE RECORD.
UH, MY NAME IS TOM ABMA, A B I L L A M A.
ARE THERE ANY QUESTIONS FROM THE BOARD OF THE APPLICANT? OKAY, I GUESS THEN WE WILL AT THIS TIME ADJOURN FOR OUR DELIBERATIONS WITH RESPECT TO THE CASES THAT WE HAVE BEEN LISTENING TO, UH, THIS AFTERNOON AND WE WILL BE BACK.
THANK YOU SO MUCH, MADAM CHAIR AND MEMBERS OF THE BOARD.
OKAY, SO WE'LL TAKE A FIVE MINUTE BREAK AND, UH, BE BACK AT, UH, FIVE OF 5 55.
SOMEONE'S PERSONALLY, MY DOG NEVER RESPECTS WHEN A TOWN BOARD MEETING'S ON AND JUST
SO, UM, WE CAN START WHENEVER YOU'RE READY.
WHEN YOU'RE READY, LET ME KNOW, MADAM CHAIR AND I'LL RUN.
SO GEORGE, WE CAN RUN LIVE AGAIN AND, UH, THIS WILL BE THE DELIBERATION PORTION.
SO, UM, LET'S ADDRESS CASE 2014 LIGHTBRIDGE.
UM, ANY DISCUSSION ON WHAT WE DID HERE TODAY OTHER THAN THE FACT THAT, UM, WE KNOW THAT WE'RE WAITING FURTHER INFORMATION? DON'T ALL SPEAK AT ONCE.
WAIT, WHAT INFORMATION ARE WE WAITING FOR? WAITING FOR THE UPDATED TRAFFIC AND, UM, TRAFFIC AND SAFETY REPORT? I BELIEVE THAT THEY'RE, NO, I THINK THAT WAS JUST IF THEY, UM, I THOUGHT THEY WERE DOING FURTHER THE WAY, THE WAY I HEARD HER SPEAK TODAY, IT SOUNDED LIKE THEY WERE GONNA PRESENT SOMETHING ELSE NOW.
THAT'S WHAT IT SOUNDED LIKE TO ME.
THAT'S JUST IN THE FUTURE IF THEY REACH NO, I KNOW THAT.
YEAH, I DON'T THINK THEY'RE, THEY'RE APPROACH IF, IF A REMINDER THE, UH, PLANNING BOARD, UM, DID RENDER A SEEKER DETERMINATION, WHICH, UH, ENCOMPASSED, UH, TRAFFIC CONSIDERATION.
UM, SO I DON'T BELIEVE THEY INTEND TO DO ANY MORE STUDIES IN THAT REGARD.
SO HOW ARE WE AFFECTED BY THESE, UH, ACTIONS THAT ARE PENDING? ERIC, CAN I EXCUSE MY, SO CAN YOU HEAR ME? YES.
I WAS HAVING AUDIO PROBLEMS WITH MY COMPUTER, SO THERE WERE A COUPLE OF TIMES WHEN I TRIED TO SPEAK AND YOU WERE GETTING THAT TERRIBLE, UH, ECHO.
UM, SO FINALLY I TOOK ONE OFF MY COMPUTER AND NOW I'M ON JUST MY IPHONE.
SO, BUT NOW YOU CAN HEAR ME RIGHT? YES.
ALRIGHT, SO WHAT DID YOU WANNA SAY, LOU? UM, WAS IT PERTAINING TO THIS CASE? OH, YES.
THE, UH, LIGHT BRIDGE WAS THAT, UM, THERE WAS SOME CONFUSION IN MY MIND, WHICH I BELIEVE HAS GOTTEN CLARIFIED IN TERMS OF THE, UM, CONDITION OF THE TWO THIRDS, UH, CAP, UH, FOR ATTENDANCE AT THE SCHOOL.
[01:45:01]
MISLEADING WHEN THE OPPOSITIONS LAWYER MADE IT SEEM AS IF, WELL, WHEN YOU REACH THE TWO THIRDS, UM, THEN YOU'RE, YOU'RE OUTTA LUCK.YOU KNOW, WHAT, WHAT, WHAT ARE YOU GONNA DO? I DON'T THINK IT WAS FULLY, UM, EXPLAINED THAT AT TWO THIRDS IF THERE WERE ISSUES WITH THE, UM, PARKING, THEN THAT WOULD BE IT.
UH, THEY WOULDN'T BE ABLE TO ALLOW ANY FURTHER ATTENDANCE AT THE SCHOOL.
AND THAT WAS WHAT I WANTED TO, UH, HAVE CONFIRMED, ALTHOUGH I BELIEVE THAT THE APPLICANT'S ATTORNEY THEN CLARIFIED THAT.
I JUST WANTED TO ASK ANTHONY, IN THAT TYPE OF SITUATION, WHO AND HOW MAKES THAT DETERMINATION? I MEAN, HOW DO WE KNOW THAT THEY'VE REACHED THE, I MEAN, IS THAT SOMETHING THAT THEY'RE REQUIRED TO DO? OR IS THERE ANY KIND OF OCCASIONAL CHECK OR ARE THERE STATISTICS THAT ARE REPORTED TO THE STATE FOR THE FACILITY THAT WOULD BE AVAILABLE TO THE TOWN? SO, UH, I, I'M GONNA PULL UP THE, UH, THE, THE SEEKER EGG DECK, BUT IN THE INTERIM, WHILE I'M DOING THAT, MY UNDERSTANDING IS THAT, UH, THEY WOULD NOT COME BACK UNLESS THEY SOUGHT TO INCREASE ENROLLMENT ABOVE THE TWO THIRDS LEVEL.
UM, IF THEY NEVER ATTAINED THE TWO THIRDS LEVEL, THEY, THEY WOULD NOT COME BACK.
WHEN I SAY COME BACK, UM, THAT'S A VERY SPECIFIC NUMBER OF STUDENTS, UM, TWO THIRDS OF, OF THE, OF, OF THE CAPACITY IN THEIR APPLICATION.
AND AT THAT TIME, THERE WOULD BE A TRIGGER WHERE THEY WOULD GO BACK BEFORE THE PLANNING BOARD.
AND IN THE SEEKER DOCUMENTATION, THE PLANNING BOARD HAS LAID OUT FIVE OR SIX AREAS THAT IT WOULD WANNA FOCUS ON.
IF THE PLANNING BOARD WERE TO CONSIDER ADDITIONAL ENROLLMENT, WOULD HAVE THE USE OF A TRAFFIC, UH, REPORT UPDATE THAT THE CONSULTANT, OR I'M SORRY, THE APPLICANT WOULD PREPARE AND THAT THE TOWN'S TR PLANNING BOARD'S TRAFFIC CONSULTANT WOULD LOOK AT ON, ON THEIR BEHALF.
I THINK I UNDERSTAND, UH, IF THEY GO OVER, IF THEY GET TO THE TWO THIRDS, UM, OR, AND WANT TO GO OVER THAT, WHAT THEY WISH TO DO, BUT, SO THEN IT'S UP TO THEM TO PROPERLY REPORT THAT FACTOR TO US.
I'M THINKING OF, UH, OUR SELLING RUGS IN THE BASEMENT CASE.
SO, SO WHAT WE COULD DO IS YOU CAN MANDATE THAT THEY HAVE TO SEND A LETTER ONCE A YEAR TO US, YOU KNOW, GIVING US THE, YOU ENROLLING COUNT, YOU KNOW, CERTIFYING TO US WHERE THEY'RE AT.
WELL, I THINK YOU SHOULD ALL READ THE, THE NEG DECK.
YOU KNOW, AND THEN I THINK IT BEARS SOME STUDY.
IT SAYS THE, UH, WHEN THEY GET THE APPLICANT WILL FREEZE ANY AND ALL ENROLLMENT, OR THE APPLICANT AGREED THAT WHEN THE ENROLLMENT REACHES TWO THIRDS, IT'LL FREEZE ANY AND ALL ENROLLMENT AND WILL CAUSE TO BE CONDUCTED A SUPPLEMENTAL TRAFFIC STUDY.
SO IT'S MORE THAN JUST WHEN YOU GET TO THAT POINT.
AND, UM, THERE'S ALSO THE QUESTION, THE PLANNING BOARD WOULD ALSO HAVE THE OPPORTUNITY TO DETERMINE WHETHER THE PROPOSED 45 OFF STREET PARKING SPACES WILL BE SUFFICIENT TO ACCOMMODATE PEAK DEMAND, AND IF NOT REQUIRE THE APPLICANT ENSURE THAT ADEQUATE PARKING WILL BE PROVIDED TO PERMIT ANY INCREASE IN ENROLLMENT BEYOND THE TWO THIRDS.
WHAT'S NOT ADDRESSED IN HERE, HOWEVER, UH, IS LET'S ASSUME THAT THEY'RE FROZEN AT TWO THIRDS.
WOULD THAT STILL REQUIRE A VARIANCE? IN OTHER WORDS, IF THEY'RE RESTRICTED TO THE TWO THIRDS, MAYBE THEY, THEY'RE AT THE 45 AND THAT WOULD BE SUFFICIENT.
UH, THEY WOULD NEED THE VARIANCE AT THAT POINT.
BUT I SPOKE TO AARON AND I THINK, I'M NOT SURE THAT THAT'S THE CASE.
I THINK THEY MAY NEED, THEY MAY STILL NEED, BUT I DON'T KNOW THAT FOR FOR SURE.
AND IF SO, WHAT, HOW MANY SPACES THERE WOULD BE SHORT AT THAT POINT? IN OTHER WORDS, IF THEY WERE FROZEN AT 109 OR WHATEVER THAT FIGURE IS AT, AT TWO THIRDS ALSO, UH, WELL, ED, I BELIEVE THAT THEY STILL NEED THE VARIANCE FOR THE 45 PARKING SPACES.
'CAUSE IT'S SUPPOSED TO BE 69.
NO, NO, WHAT I'M SAYING, WHAT I'M SAYING IS AT TWO THIRDS THEY NEED 169 IF IT WAS FULL ENROLLMENT SIX.
BUT IF THEY'RE FROZEN AT TWO THIRDS AND THE PLANNING BOARD SAYS YOU CAN'T HAVE ANY MORE,
[01:50:01]
WOULD THEY STILL NEED A VARIANCE OR, OR WOULD THEY BE AT 45? WOULD 45 BE, WHICH IS WHAT'S PERMIT WHAT THEY'RE PROVIDING BE ENOUGH? THAT'S WHAT I'M SAYING.AND IF YOU'RE GONNA REQUIRE, UM, I MEAN IF YOU'RE GOING TO PUT THIS OVER, THEN I WOULD WANT TO KNOW FROM OUR, UH, I WOULD WANT OUR TRAFFIC, UH, CONSULTANT TO, UH, RECONCILE OR, OR DETERMINE THE, THE DICHOTOMY BETWEEN WHAT THE OPPONENTS WERE SAYING IS THE PEAK HOUR AND WHAT THE PEAK HOUR IS FOR THIS TYPE OF FACILITY.
THERE MAY BE AN I T E UH, QUANTIFICATION OF THAT.
IN OTHER WORDS, THE I T E HAS, HAS STANDARDS FOR ALL USES AS TO WHAT PEAK HOUR IS.
I WOULD THINK THE QUESTION IS, THE QUESTION IS, IS IT THE SAME? WELL, I I WAS KIND OF IN THE AGREEMENT THAT THE OPPOSITION'S ATTORNEY, UH, STATEMENTS WERE VERY OPINIONATED AND NOT BASED ON VERY MUCH FACT.
UM, SO I, I WAS KIND OF ONLY CONCERNING MYSELF WITH THE FACT THAT IF IT WAS A, A TWO-THIRDS CAP AND WE ALLOW THE VARIANCE FOR 45, AND WE FIND OUT AT THE, WHEN THEY REACH THE TWO-THIRDS CAPACITY THAT THE 45 IS NOT ENOUGH, THEN WE CAN'T GET ANY MORE PARKING SPACES.
SO THEREFORE THE SCHOOL HAS TO STOP THEIR ENROLLMENT AT WHATEVER THAT NUMBER IS OF, UH, TWO THIRDS.
AND IF THAT'S THE CASE, I DON'T HAVE A PROBLEM WITH IT.
WHEREAS THE OPPONENT, UH, OPPONENT'S ATTORNEY WAS MAKING IT SEEM AS IF, OKAY, SO THERE'S A TWO THIRDS, UH, CONDITION IN THERE, BUT THEN WHEN YOU REACH THE TWO THIRDS, SUPPOSE UH, THE PARKING ISN'T SUFFICIENT, ARE WE THEN GONNA ALLOW THE SCHOOL TO CONTINUE TO ENROLL STUDENTS TO FULL CAPACITY AND THEN CAUSE A PROBLEM? AND THAT'S NOT THE CASE.
THAT'S NOT WHAT THE CONDITION REPRESENTS.
AM I RIGHT OR WRONG? WELL, THE NEG DECK APPEARS TO SAY THAT THEY DO HAVE OTHER ALTERNATIVES BECAUSE IT SAYS THE PLANNING BOARD WOULD ALSO HAVE THE OPPORTUNITY TO DETERMINE, UH, WHETHER THE 45 OFF STREET PARKING SPACES WILL BE SUFFICIENT TO ACCOMMODATE PEAK DEMAND AT FULL ENROLLMENT, AND IF NOT, REQUIRE THAT THE APPLICANT ENSURE THAT ADEQUATE PARKING WILL BE PROVIDED.
SO THEY, THEY, UH, THEY SEEM TO, I I I CUT IT OFF AND IF NOT REQUIRE THAT THE APPLICANT ENSURED THAT ADEQUATE PARKING WILL BE PROVIDED TO PERMIT ANY INCREASE IN ENROLLMENT BEYOND THE INITIAL TWO THIRDS.
SO THEY SEEM TO BE OF SAYING THAT THERE ARE POSSIBLE ALTERNATIVES.
NOW WHAT THE APPLICANT'S ATTORNEY DIDN'T, WELL, I DON'T, WELL, LET'S, I DON'T KNOW.
AND MAYBE WILLIAM MIGHT KNOW OR, OR NOT AS TO WHETHER OR NOT THEY ARE REQUIRED TO HAVE A CERTAIN AMOUNT OF OUTDOOR PLAYGROUND AREA BECAUSE THEY, IF THEY ARE NOT, THEN THEY CAN TAKE SOME OF THE AREA OF THE PLAYGROUND, ESPECIALLY IN THE FRONT, UH, AND, AND PROVIDE EXTRA PARKING SPACES THERE UNLESS IT'S ACTUALLY REQUIRED.
I DON'T KNOW IF THAT THE ANSWER TO THAT IS IN THE RECORD.
SO AT THE, THE, THE, UM, AND, AND, AND BOARD MEMBERS, THE, UH, YOU GO INTO, UM, I'M SORRY.
I WAS JUST GONNA CLARIFY A COUPLE OF THOSE QUESTIONS.
UM, THE PLAY AREA IS NEEDED, UM, IF IN, IN THE TWO THIRDS OPENING, THE APPLICANT WOULD STILL NEED A VARIANCE, UM, YOU KNOW, ALBEIT A SMALLER NUMBER.
UM, AND THAT WOULD BE THE RESULT, YOU KNOW, FUNCTION OF SCALED DOWN STAFFING THAT WOULD GO INTO THAT COMPUTATION.
BUT THERE WOULD BE A VARIANCE NEEDED, UM, AT THAT NUMBER, JUST A LESS LESSER VARIANCE.
BUT FOR 45, RIGHT? FOR THE 45 PARKING SPACES, NO, THEY NEED MORE THAN THE 40.
WHAT GARRETT IS SAYING, THEY NEED MORE THAN 45 EVEN AT TWO THIRDS SMALL.
BUT MORE THAN THAT, ONLY IF THEY, UH, DO SURVEYS AND DETERMINE THAT WHEN THEY REACH A TWO THIRD CAPACITY, THAT THE 45 THAT WE'RE, UM, MAYBE OR MAYBE NOT GRANTING NOW IS SUFFICIENT OR NOT.
[01:55:02]
SO LET'S JUST SAY THAT THE INITIAL ASK WAS THE TWO THIRD NUMBER, AND THERE WAS NO PROSPECT FOR ADDITIONAL ENROLLMENT.THERE WAS, THE BUILDING SIZE DID NOT HAVE THAT CAPACITY, LET'S JUST SAY, UM, OUR COMPUTATION WOULD BE THAT THEY WOULD NEED A SMALL VARIANCE WITH THE 45 THAT ARE PROPOSED ON THE SITE.
I WOULD'VE PREFERRED, FRANKLY, IF THE PLANNING BOARD HAD SAID IT AT NOT TWO THIRDS, BUT AT THAT LEVEL OF ENROLLMENT THAT THE 45 WOULD HAVE SUFFICED.
SO THE PLANNING BOARD HAS, UM, RENDERED A SEEKER DETERMINATION, UM, WHICH LOOK AT ENVIRONMENTAL IMPACTS.
UH, THE PLANNING BOARD HAS NOT, UH, GRANTED A SPECIAL PERMIT AT THIS MOMENT.
AND THE OTHER PROBLEM IS, UH, IF, ASSUMING FOR THE SAKE OF ARGUMENT, THE PLANNING BOARD FINDS THAT 45 IS INSUFFICIENT, EVEN AT THE TWO THIRDS ENROLLMENT, THEY, IT SEEMS TO ME IF WE GRANT THE, THE VARIANCE FOR 45, THEN I DON'T KNOW HOW THEY CAN REQUIRE MORE.
ONCE WE GRANT, ONCE WE GRANT THE VARIANCE AT 45, THEN THAT'S ALL THEY WOULD, THAT BECOMES BASICALLY A CONFORMING, UH, UH, FIGURE.
SO I THINK WE WOULD, IT WOULD, IT WOULD BE, UH, WE'LL HAVE TO WORD IT IN SUCH A WAY THAT IT'S CONDITIONED THAT IT'S NOT, UH, IT, IT'S, IT'S GONNA BE UN IT'S GONNA TAKE SOME DEPTH WORDS, WORD WORDSMITHING ON YOUR PART, ED, YES.
AND THAT, THAT'S WHAT I WAS GONNA SAY, ED, MAYBE YOU COULD CONDITION IT ON THE TWO THIRDS ENROLLMENT, BUT, BUT THEY WOULD STILL NEED THE VARIANCE FOR, FOR AT TWO THIRDS.
IF THE PLANNING BOARD HAD HAD SAID, WE'RE GONNA TAKE 45, AND HOW MANY STUDENTS WOULD 45 HANDLE WITHOUT A VARIANCE, THAT WOULD'VE BEEN A BETTER FIGURE FOR THEM TO HAVE, UH, SET IT AT.
BUT THE SECRET EGG DECK DOES NOT MAKE ANY ASSERTIONS THAT THERE'S, UM, UNCERTAINTY ABOUT WHETHER OR NOT THE PARKING IS ADEQUATE.
IT'S, IT'S, THE SEEKER CONFIDENTLY STATES THAT THE 45, UH, PARKING SPACES FROM AN ENVIRONMENTAL PERSPECTIVE AND A SEEKER REVIEW PERSPECTIVE, UH, ARE, ARE, ARE ADEQUATE.
NO, IT DOESN'T, I, I, I DON'T SEE THAT IN HERE.
IT SAYS THE PLANNING BOARD WOULD HAVE THE OPPORTUNITY TO DETERMINE WHETHER THE PROPOSED 45 SPACES WILL BE SUFFICIENT, AND IF NOT, AND PLANNING THAT'S AND PLANNING BOARD AND PLANNING, I'M SORRY.
AND A PLANNING BOARD IS A LEAD AGENCY? YES.
YOU, YOU, UH, YOU HAVE TO SEE, UH, UH, WHAT YOU'RE GOING TO, UH, WHETHER YOU WANNA COME TO A DECISION TONIGHT OR IF YOU NEED MORE INFORMATION IS BASICALLY, UM, ARE, ARE THOSE LAWSUITS NOW, UM, ED, IF YOU CAN EXPLAIN THAT RELEVANT TO WHAT WE'RE DOING, IS THERE ANY RELEVANCE IF THERE'S NEED FOR EXECUTIVE SESSION? THAT'S, THAT'S FINE.
UM, I WOULD JUST NEED TO KNOW THAT SO THAT I CAN, UH, PAUSE THE ZOOM AND PUT, UM, NON Z B A MEMBERS IN THE WAITING ROOM, WHICH IS, UH, DEFINITELY SOMETHING WE CAN DO.
YOU THINK WE SHOULD HAVE A, AN EXECUTIVE SESSION IF YOU'RE ASKING ME WHAT IMPACT? YEAH.
SO, UM, WELL, WHY DON'T YOU GET THROUGH THE OTHER STUFF FIRST.
WHEN YOU SAY THE OTHER STUFF, YOU MEAN THE OTHER, WELL, ANY OTHER ISSUES THAT YOU WANTED TO DISCUSS? I WAS, I WAS GONNA SAY YES ON THIS PARTICULAR CASE.
ON THIS ONE, YEAH, WE'RE KIND OF STUCK AT THIS POINT.
ANYTHING ELSE? UH, WELL, I WASN'T REALLY GONNA CONCERN MYSELF VERY MUCH WITH THE, UM, TESTIMONY OF THE PERSON WHO CAME ON, UH, DON'T REMEMBER HIS NAME, BUT, UM, I'M SORRY.
UM, IN TERMS OF DRIVING THERE, AND EXCUSE ME, LOU, HIS NAME IS, UM, MR. ADAMO? DANNY ADAMO.
UH, NO, THAT WASN'T, THAT WASN'T THE PERSON.
WHO WAS THAT? OH, MURRAY BOWDEN.
UM, WHETHER OR NOT 50 YEARS OF EXPERIENCE
[02:00:01]
IS SUFFICIENT WHEN WE DON'T KNOW WHAT THAT 50 YEARS OF EXPERIENCE IS WORTH, MEANS THAT IT'S VALUELESS AS FAR AS WE'RE CONCERNED, OR AS FAR AS I'M CONCERNED, UM, GOING IN AND OUT OF THE PARKING LOT ON CENTRAL AVENUE IS DIFFICULT FROM ANY PARKING LOT THAT EXES EXITS FROM, UH, ONTO CENTRAL AVENUE, WHETHER NORTHBOUND OR SOUTHBOUND.SO, UM, THERE THERE'S NOT MUCH THAT YOU CAN SAY IN TERMS OF, YOU KNOW, IT BEING ANY MORE DIFFICULT OR LESS DIFFICULT FROM ANY OTHER PARKING LOT THAT EGRESS IS ONTO, UH, CENTRAL AVENUE.
HELLO? YOU'VE LEFT EVERYONE SPEECHLESS.
DID YOU NOT HEAR ME SAY THAT? YES.
OH, I, I THOUGHT MAYBE I WAS WAFFLING A LITTLE BIT AND YOU OH, NO.
NEEDED ME TO BE MORE DEFINITIVE
ANY OTHER ISSUES THAT WE NEED TO DISCUSS ON THIS MATTER? ANY THOUGHTS?
SO YOU WANNA GO INTO EXECUTIVE SESSION NOW, OR DO WE WANT TO FINISH? LET'S GO THROUGH.
IS THERE ANYTHING ELSE? WELL, MAYBE WE WANNA, WE MIGHT USE EXECUTIVE SESSION ON
AND THAT IS YOU GO THROUGH THE OTHER TWO CASES, RIGHT? UH, AND IN CASE YOU HAVE OTHER ISSUES, INSTEAD OF GOING BACK AND FORTH INTO EXECUTIVE SESSIONS, IF SOMETHING COMES UP IN THE OTHER CASES.
WE NEVER KNOW WHAT'S GONNA COME UP.
SO, UM, WE'LL MOVE ON TO CASE 2022, SOME OVER THE STONE AND MASONRY.
ON WHICH WE HAD A LOT OF COMMENTS.
ALRIGHT, BEFORE YOU GET STARTED ON THAT, UH, I DID HAVE A CONVERSATION WITH GARRETT.
I I DID NOT KNOW THIS, BUT, UH, THERE'S NO SECRET ON THIS, SO YOU CAN'T DECIDE THAT CASE TONIGHT EITHER.
I THINK, I THINK YOU TOLD US THAT ALREADY AT THE BEGINNING OF THE SESSION, THAT WE CAN'T REALLY DECIDE ON ANY OF THE THREE CASES BEFORE US TONIGHT.
YOU MISUNDERSTOOD WHAT I WAS SAYING, BUT OH, YOU WERE, YOU WERE BEING TURNED OUT TO BE TO ROHAN.
UH, WHAT DO YOU, WHAT DO YOU WANT US TO, WHAT DO YOU WANT ME TO SAY?
THAT'S BECAUSE THAT'S BECAUSE I WAS HAVING AUDIO DIFFICULTIES AND, AND I WAS TRYING TO TALK AND I WAS SAYING, ISN'T HE HEARING ME? I'M LIKE SAYING, OH MY GOD.
YOU KNOW, I, I DID SEE YOUR MOUTH MOVING ONCE, BUT I THOUGHT YOU WERE TALKING TO SOMEONE ELSE.
OH, NO, I WAS SCREAMING AT YOU EVE.
I WAS LIKE, OH MY GOD, NEXT TIME, RAISE HERE.
I DID, I PRESSED THE RAISE HAND BUTTON.
AND, AND, AND GARRETT DIDN'T EVEN SEE IT.
OH, WELL WAIT TILL I SEE GARRETT.
WHERE IS HE? YOU YOU ACTUALLY USE THE RAISE HAND FUNCTION AND I MISSED IT.
I'M GONNA GO BACK TO THE VIDEO TAPE.
I'M SORRY,
BUT RIGHT, BECAUSE I HAVE A LOT TO SAY TONIGHT THAT, THAT'S, I'M JOKING.
IT'S A, IT'S A DINNER TIME, RIGHT, LOU? YEAH, IT'S, YEAH, IT'S WHAT TIME IS IT? SO TALK FAST MORNING.
UM, PRETTY MUCH JUST POSITIVE, NOTHING.
THERE SEEMS TO BE, AGAIN, AN OPPORTUNITY FOR RESIDENTS TO USE THE ZONING BOARD AS A METHOD OF PUNISHING, UM, APPLICANTS FOR REASONS THAT DON'T NECESSARILY HAVE, UM, LEGITIMATE VALUE.
UM, UH, I, I WAS AT THE SITE YESTERDAY, UH, WITH CHRISTIE AND SAW THE CONDITIONS THERE AND COULD VERY EASILY STATE THAT THESE VARIANTS REQUESTS WILL IMPROVE THE ABILITY TO CIRCULATE THROUGHOUT THE SITE AS OPPOSED TO WHAT THEY'RE DOING RIGHT NOW.
[02:05:01]
AND, UM, IT WILL NOT NECESSARILY REDUCE THE, THE SOUND, UH, PROBLEMS THAT, UM, ARE MAY OR MAY NOT BE HAPPENING RIGHT NOW, BUT IT DEFINITELY WILL ALLEVIATE THE CIRCULATION ISSUES THAT THEY ARE FACED WITH, UM, BACKING UP AND THE BEEPING THAT TRUCKS HAVE WHEN THEY'RE BACKING UP.UH, THAT CAN'T BE PREVENTED VIA A APPROVAL OR DENIAL OF A, OF AN APPLICATION, UM, A VARIANCE APPLICATION.
UM, WHETHER OR NOT, UM, THE TRUCKS ARE COMING IN AT FIVE O'CLOCK IN THE MORNING AND PARKED ON SAWMILL RIVER ROAD AND ARE IDLING WITH THEIR ENGINES RUNNING, UM, AGAIN, IS NOT AN ISSUE FOR THE ZONING BOARD.
UM, I BELIEVE THAT WHEN ONE OF THE NEIGHBORS COMPLAINED ABOUT THAT HAPPENING, UM, OR THAT COMPLAINT THAT WORK WAS TAKING PLACE ON THE SITE BEFORE 7:00 AM OR 7:30 AM, UH, THE RESPONSE WAS TO PLEASE CONTACT THE POLICE DEPARTMENT AND FILE A, UM, A COMPLAINT FOR US SOUND.
SO WE HAVE TO STICK TO, I BELIEVE, WHAT THE APPLICANT IS REQUESTING FOR US IN TERMS OF THE, UH, THE VARIANCE REQUESTS OF WHICH ON PAPER IT SEEMS SIGNIFICANT WITH THE NUMBER OF VARIANCES GOING FROM THE REQUIRED TO ZERO.
UM, SO I WOULD PROBABLY NOW LIKE TO ASK FOR THE RATIONALE BEHIND WHY THERE ARE SO MANY VARIANCES GOING FROM THE REQUIRED TO ZERO.
UM, I KIND OF KNOW THE ANSWER FROM SEEING IT, BUT I SUPPOSE IT WOULD BE VERY WORTHWHILE TO HAVE IT ON RECORD.
SAID MY PIECE AND WE MISSED ALL OF THAT.
OH, AND, AND YOU WERE GONNA BE MY GO-TO PERSON, JUST SO YOU KNOW, FOR DRIVE-THROUGHS,
IT HAS ANYTHING TO DO WITH ACROSS FROM C V SS, SOMETHING LIKE THAT.
I WOULD'VE BEEN, UH, UP FOR THE TASK.
WELL, UM, ASK THE QUESTION, LOU, AND ANSWER IT THEN, SINCE YOU KNOW THE ANSWER.
WELL, WHAT, OH, HE'S SAYING HE WANTS IT ON THE RECORD.
BUT I KNOW, UH, ROHAN IS PULLING MY LEG
I KNOW THAT, UM, AS SOMETIMES I AM, WE THIS, WE DO THIS BEING IN THE SAME ROOM, SO WE HAVE TO HAVE A LITTLE BIT OF BANTER AMONG EACH OTHER.
THIS IS THE ONLY TIME WE GET TO REALLY TALK NOW BEFORE WE GET ABSOLUTELY.
UH, LOU, CAN YOU REPEAT FOR ME WHAT YOU, WHAT, WHAT ITEM YOU WANTED ON THE RECORD SO I CAN PUT IT IN A LETTER? OH, THE REASONS FOR THE NEW, THE NUMBER OF VARIANCES THAT ARE GOING FROM THE REQUIRED TO ZERO.
YOU CAN GET THAT FROM ANTHONY.
WELL, IT, IT SHOULD COME FROM THE APPLICANT.
UM, I, NO, THE YOU SHOULD COME THAT, THAT COMES FROM THE BUILDING DEPARTMENT BECAUSE THEY'RE THE ONES THAT ARE SAYING THAT THEY NEED VARIANCES FOR THE, WHAT ED LEWIS IS SAYING, THAT HE WANTS TO GET ON THE RECORD WHY THEY NEED THE PILES OF STORAGE, WHERE THEY NEED 'EM, WHY THEY SHOULD GET IT.
WHY, WHY, WHY THEY'RE ASKING FOR 'EM.
WHAT IS THE NEXT YES, YOU DICTATED A DENIAL LETTER.
ANTHONY, YOU ARE CORRECT TO WHY I WROTE THE VARIANCES.
HE'S ASKING FOR WHY THEY NEED THOSE VARIANCES ON THE RECORD, IS WHAT HE'S LOOKING FOR.
ANTHONY, I THINK THEY BRIEFLY MENTIONED THE GEOMETRY OF THE SITE.
I DON'T KNOW IF HE SPECIFICALLY SAID THE LACK OF DEPTH, BUT, UM, I THINK, I THINK THEY TOUCHED ON THAT.
BUT, UM, WE CAN CERTAINLY, UH, BRING YOUR QUESTION ABOUT THE, THE VOLUME OF, NUMBER OF VARIANCES TO THE APPLICANT, UM, TO, TO, TO CLARIFY FOR THE BOARD.
AND OF, AND OF COURSE WE ALSO HAVE THE FACT THAT IT SEEMS AS THOUGH THEY AND THE NEIGHBORS ARE GOING TO PERHAPS, UH, COME TOGETHER AND DISCUSS WHETHER THERE COULD BE ANY, UH, NOISE ABATEMENT BY VIRTUE OF PLANTINGS OR WHATEVER.
WELL, THERE IS, UM, AS THE OWNER OR THE APPLICANTS, UH, SAID A VERY STEEP SLOPE, AND IT IS FILLED WITH EXISTING TREES MM-HMM.
[02:10:01]
SO I DON'T THINK THAT THERE ARE ANY ADDITIONAL PLANTINGS THAT CAN BE INSTALLED THAT WOULD PROVIDE ANY FURTHER, UM, ACOUSTICAL BENEFIT.UM, I ACTUALLY, I ACTUALLY DROVE UP TO THE HOME.
OH, YOU DID? YEAH, I HAD A CHANCE TO DO IT.
SO I WAS ABLE TO LOOK DOWN ONTO THE SITE FROM, UM, I THINK IT WAS ONE OF THE HEATH OR, YEAH, ONE OF THE HOMES ON HEATH.
AND, UM, YOU, YOU, IT'S A NOISY, IT'S LOUD.
I MEAN, YOU CAN HEAR A LITTLE BIT OF IT.
WHAT, WHAT'S MOST NOISY IS THAT YOU CAN HEAR SAWMILL RIVER PARKWAY.
I MEAN, IT'S A, IT'S NOT A QUIET STREET PER SE, 'CAUSE YOU CAN REALLY HEAR THE CARS.
IT, IT'S, YOU CAN HEAR SAWMILL RIVER ROAD AND YOU CAN HEAR THE PARKWAY AND YOU CAN HEAR, I'M SURE WHEN TRUCKS PULL IN, YOU CAN HEAR THOSE TRUCKS.
UM, I DON'T REALLY KNOW A SOLUTION FOR THAT.
I MEAN, YOU HAVE TO REALLY LOOK LIKE I HAD TO GO INTO THEIR DRIVEWAY, LOOK THROUGH THE FENCE, AND REALLY, YOU KNOW, YOU CAN'T REALLY SEE WHAT'S GOING ON.
THERE IS A LOT OF DENSE, UM, TREES IN THERE.
I, I DON'T KNOW, IT LOOKS LIKE IN THE WINTER, BUT AT LEAST RIGHT NOW WHERE THE LEAVES ARE STILL ON YOU, YOU CANNOT SEE MUCH OF WHAT'S GOING ON.
AT LEAST FROM WHERE I WAS STANDING, PERHAPS IN ONE OF THE SECOND FLOORS OF THE HOUSE, MAYBE YOU COULD SEE MORE OVER THE TREES.
SO VISUALLY, UH, IS NOT A HUGE IMPACT.
UM, IT IS NOISY, IT'S A NOISY AREA.
UM, YOU KNOW, IT'S A NOISY USE.
AND THIS, AS I SAID, THE SAMO RIVER ROAD IS NOISY AND THE HIGHWAY IS NOISY.
UM, BUT I WILL SAY, I THINK ONE OF THE MOST IMPORTANT THINGS THAT THE APPLICANT'S ATTORNEY SAID, SORT OF TOWARDS THE END, 'CAUSE I HAD A QUESTION ABOUT IT, WAS THAT THEY'RE NOT INCREASING THE SIZE OR EXPANDING THE BUSINESS.
THEY'RE JUST, I MEAN THEY'RE EXPANDING THE FOOTPRINT OF IT, BUT THEY'RE JUST MOVING THE PILES OF STUFF THAT'S BEING STORED THERE AROUND, I GUESS TO IMPROVE THE CIRCULATION.
SO THAT'S A REALLY GOOD POINT THAT, UM, WAS BROUGHT UP SORT OF TOWARDS THE END THAT THEY'RE NOT, THIS ISN'T AN EXPANSION OF THE NON-CONFORMING USE.
'CAUSE I SEE THAT'S NOT A VARIANCE HERE.
THAT THEY'RE REALLY JUST, THEY'RE INCREASING THE SIZE OF THE PROPERTY SO THAT THEY CAN SPREAD THE USE OUT.
I I, I'M ASSUMING THAT WAS SORT OF THE IMPRESSION I GOT, BUT I JUST THOUGHT IT WAS IMPORTANT TO NOTE THAT THEY'RE NOT, THEY'RE NOT EXPANDING THE USE, THAT THEY'RE JUST, THEY'RE JUST RIGHT.
UM, NOR WE SHOULD UNDERSTAND THE FACT THAT THEY'RE NOT MOVING THE, UM, THE BUSINESS 10 FEET CLOSER TO THE RESIDENCES ON HEATH.
THAT IS, THAT IS NOT THE CASE.
I THINK THIS MAY MORE BE MORE OF A SITE PLAN ISSUE.
'CAUSE THEY HAVEN'T GOTTEN SITE, THEY STILL NEED SITE PLAN APPROVAL.
SO I THINK IT WOULD BE MORE A PLANNING BOARD ISSUE THAN ONE THAT HAS ANYTHING TO DO WITH THESE VARIANCES.
UNLESS YOU THINK THAT CHRISTIE, SINCE YOU WERE UP ABOVE IT, UM, THERE ARE SOME, LIKE, LIKE THESE SOUND BARRIERS THAT GO ALONG THE HIGHWAYS, TWO-WAY THE HIGHWAYS.
BUT IF THEY'RE THAT MUCH HIGHER, I'M NOT SURE THAT THAT WOULD DO ANYTHING.
WHAT DID YOU THINK, CHRISSY, WHEN YOU WERE THERE? THEY'RE A GOOD 50 FEET ABOVE, UM, NINE A FOR SURE.
AND I, I DON'T, UNLESS THEY'RE GONNA PUT SOUND BARRIER, UH, THERE MAY BE, THEY'RE ALREADY A LONG NINE A YOU COULDN'T PUT A SOUND BARRIER IN UP TOP ON THAT RIDGE.
I WAS IN THE, IT WOULD HAVE TO BE ON THEIR PROPERTY FOR US TO REQUIRE IT.
SO I'M SAYING AT THE REAR PROPERTY LINE, THEY INDICATED THEY WERE OPEN TO LOOKING INTO EITHER OR SOMETHING ON THE, ON THE PROPERTY.
SO, UM, I THINK WE, YOU KNOW, THEY'RE GONNA DO THAT WHETHER WE, UH, PUT IT IN A LETTER OR NOT.
BUT, UM, I I THINK IT SHOULD BE AT LEAST ASKED, IS MY OPINION.
I MEAN, FROM WHAT I CAN SEE FROM UP TOP, NO, THEY, THEY COULDN'T PUT ANYTHING UP ON THE RIDGE, BUT YOU KNOW, DOWN BELOW, RIGHT BEHIND THEM MAYBE.
YOU CAN'T REQUIRE THEM TO DO SOMETHING ON SOMEBODY ELSE'S PROPERTY, BUT CERTAINLY ON THEIRS.
ANYTHING ELSE? THE ONLY, YES, THE ONLY QUESTION THAT I THOUGHT WAS RAISED WAS WHETHER OR NOT, EVEN THOUGH IT WAS KIND OF MAYBE A DEFACTO POINT, I THINK ANTHONY BROUGHT UP AS TO WHAT THE ACTUAL PARKING IS SUPPOSED TO BE.
I KNOW WE KNOW WHERE NEAR IT NOW, AND IT MAY HAVE NEVER REALLY BEEN AN EXISTING ACCORDING TO THE, UM, APPLICANT, BUT WHAT THE ACTUAL VARIANCE SHOULD BE IN TERMS OF WHAT THE PARKING SHOULD BE, BECAUSE I DON'T
THE PARKING THAT NUMBER WILLIAM IS REQUIRED ON THE CHANGE TO THE USE OF IT GOING
[02:15:01]
TO MORE RETAIL FROM WAREHOUSE.SO, SO IT'S REQUIRED FOR WHAT THEY HAVE NOW.
THERE WAS AN ORIGINAL, YOU KNOW, SITE PLAN THAT HAD A CERTAIN NUMBER OF PARKING SPACES.
I THINK A VARIANCE WAS GRANTED, BUT SOMEWHERE ALONG THE WAY THOSE PARKING SPACES KIND OF MORPHED OFF THE SITE WHERE THEY WERE NEVER REGULATED OR IN ACTUAL LIKE, YOU KNOW, STRIPES 21 IS OUR NUMBER 21 NOW IS YOUR NUMBER.
ANYTHING ELSE? OKAY, SO WE KNOW WE, WE CAN, WE CAN'T DO ANYTHING ON THIS CASE EITHER, RIGHT? RIGHT.
SO, UM, DO, WILL WE HAVE THE SEEKER BY, UH, THE NEXT MEETING DATE? DO WE YEAH, I WAS GONNA SAY YOU SHOULD WAIT ON THAT UNTIL THE, THERE'S A SEEKER DETERMINATION, SO, AND THE RECOMMENDATION AND THE RECOMMENDATION TO THE ZONING BOARD.
SO WILL THAT BE DONE BY THE NEXT MEETING YOU THINK? OR SHOULD WE PUT THIS OVER TO DECEMBER? I THINK THAT, UM, I WOULD, THERE WILL BE ACTIVITY WITH REGARD TO SEEKER BEFORE YOUR NEXT MEETING.
MOVING ON TO JUGAR TEMPLE, WHICH WE KNOW HAS TO BE RE UH, RENO.
ANY COMMENTS, THOUGHTS ON ANYTHING? ANYTHING THEY DO? THERE IS A DEFINITE IMPROVEMENT.
AND THE, UH, VARIANCE REQUEST, UM, DUE TO THE D O T PROPERTY THERE, UM, I THINK IS A VALID, UH, VARIANCE REQUEST.
AND AS MUCH AS, ALTHOUGH THE DISTANCE FROM THE PROPERTY LINE TO THE BUILDING IS LESS, WHEN YOU ADD IN THE ACTUAL DISTANCE TO THE, UM, NINE A, UM, IT'S MORE THAN SUFFICIENT.
THAT'S ON, THAT'S ON THE MERITS.
LOU, WERE THERE ANY INFORMATION THAT ANYBODY WANTS? NO, I WAS ONLY INTERESTED ON THE MERITS.
IT'S ANOTHER AREA THAT WE WENT TO.
LIKE WHEN YOU STAND THERE, YOU CAN REALLY HEAR THERE.
IT'S THE THROUGHWAY AND THE, UH, NINE A AND IT'S VERY, IT'S VERY LOUD THERE.
I DON'T, I DON'T KNOW WHAT NOBODY WOULD WANNA MOVE TO THAT HOUSE AS AND USE IT AS A RESIDENCE.
SO, YOU KNOW, THIS IS A PRETTY GOOD, UM, USE I THINK.
AND I THINK THEY WOULD HAVE TO VERY WELL SOUNDPROOF THE TEMPLE IN ORDER TO KEEP THAT ROAD NOISE FROM DISTURBING THEIR, UM, RELIGIOUS ACTIVITIES.
AND IT'S ANYTHING ELSE? AND OF COURSE WE HAVE THE RELIGIOUS ACCOMMODATION, SO TO SPEAK, THAT ALLOWS US TO BE MORE GENEROUS, CORRECT? YEAH.
THE CORRECT THE, UH, THE ISSUES WITH, UH, RELIGIOUS USES IS REALLY ONE ON THAT RELATE TO IMPACT ON NEIGHBORING PROPERTIES ON AND USUALLY RESIDENCES OBVIOUSLY.
WELL, WE KNOW NO ONE'S COMPLAINED AND WE KNOW THERE'S SEVERAL RELIGIOUS INSTITUTIONS ALONG THE STREET, SO, WELL, THEY HAVEN'T COMPLAINED 'CAUSE IT'S NOT THERE YET.
I, I, OKAY, ONE QUESTION REGARDING THAT.
CAN WE ACTUALLY PROVIDE A VARIANCE IN IF THEY DO NOT OWN A PROPERTY YET? WELL, IF THEY'RE CONTRACTEE, IF YOU KNOW THEY'RE IN CONTRACT TO BUY, THEN, THEN THEY HAVE STANDING TO APPLY.
AND ALSO THEY, YOU KNOW, THEY SUBMITTED THE AFFIDAVIT FROM THE, THE PRESENT OWNER INDICATING THERE'S, UH, APPLICATION TO FILE THE APPLICATION.
ANYTHING ELSE? I DON'T WANNA PUNISH LOU ANYMORE.
HE COULDN'T BE HEARD AND NOW HE WANTS TO GET TO HIS DINNER
SO WE MIGHT HAVE TO MUTE YOU FUTURE.
SO YOU CAN COME OUT WITH ALL THESE, UH, YOU KNOW, LET, LET IT, LET
[02:20:01]
IT ACCUMULATE SO THAT I I SPEW IT ALL OUT DURING ZOOM.UH, SO IF THERE'S THE, UM, DESIRE OF THE BOARD TO GO INTO EXECUTIVE SESSION, I, ED CORRECT ME IF I'M WRONG.
I BELIEVE THERE'S A MOTION FOR THAT.
AND UM, IF YEP, YOU DO PLEASE DO THAT AND THEN I'LL WALK YOU THROUGH THE, THE WE'LL WE'LL GUIDE YOU THROUGH THERE.
ALL UM, I JUST WANTED TO SAY THAT FOR LIGHTBRIDGE, THERE WAS A POSITIVE RECOMMENDATION FROM THE PLANNING BOARD AND SEEKER WAS DONE.
THAT'S WHAT I WAS READING TO THEM FROM.
AND A POSITIVE RECOMMENDATION.
WE GOT THAT EARLIER THIS WEEK I THINK.
SO, UM, IS THERE A SECOND? SECOND? WHAT'S THAT? I DON'T KNOW.
I DUNNO IF I CAUGHT THE MOTION.
WHO MADE THE MOTION? I, I I MADE THE MOTION THEN.
AND BEFORE WE START, GEORGE, IF YOU COULD PLEASE CUT THE LIVE FEED AND FOR, UM, EVERYONE IN THE MEETING THAT'S NOT THE ZONING BOARD MEMBER, I'LL PLACE YOU IN THE WAITING ROOM.
UM, YOU'RE FREE TO STAY THERE OR NOT, BUT WE WILL RETURN FOR THE CONCLUSION OF THE MEETING AFTER EXECUTIVE SESSION.
AND, AND ONCE I, EVERYONE'S OKAY MADAM CHAIR, I'M GOING TO, UH, RESUME RECORD AND WE ARE NOW ALL SET.
AND WE ARE BACK IN SESSIONS WITH THE RESULTS OF OUR DELIBERATIONS FROM THIS EVENING AND, UH, CASE 2014 LIVE BRIDGE ACADEMY IS ADJOURNED FOR ALL PURPOSES TO THE MEETING OF NOVEMBER 19TH AND THE NEXT CASE, CASE 2022, SAWMILL STONE AND MASON RESUPPLY ALSO IS ADJOURNED TO THE MEETING OF NOVEMBER 19TH.
AND FINALLY, THE LAST CASE THAT WE HAD TODAY, CASE 2023, DURER TEMPLE OF WESTCHESTER, AGAIN, ALSO ADJOURNED FOR ALL PURPOSES TO THE MEETING OF NOVEMBER 19TH.
AND WITH THAT, WE HAVE NO FURTHER BUSINESS, UH, THIS EVENING.
I WISH EVERYONE A HAPPY WEEKEND COMING UP AND WE WILL SEE EACH OTHER BEFORE THE NEXT HOLIDAY.
AND MAYBE I CAN ARRANGE TO HAVE CAKES DELIVERED OR SOMETHING,