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WHENEVER YOU'RE READY, JEN, LET ME KNOW.
ARE WE GOOD, JEN? ARE WE GOOD? OKAY.
UH, IT FEELS ODD STARTING THE MEETING WITH NOBODY HERE, BUT, UH, IF YOU WOULD PLEASE, UH, LET'S RISE FOR THE PLEDGE OF ALLEGIANCE.
UH, COMMISSIONER DIPPEL, IF YOU'D BE SO KIND TO ELIAS.
ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLICAN FOR WHICH IT STANDS.
ONE NATION HONOR GOD INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
IF YOU'RE, REMAIN STANDING FOR A MOMENT OF SILENCE IN HONOR OF OUR MEN AND WOMEN IN THE SERVICE WHO HAVE, UH, GIVEN THEIR LIVES FOR OUR COUNTRY.
THANK YOU VERY MUCH AND WELCOME TO THE SECOND DECEMBER INSTALLMENT OF THE ZONING BOARD OF APPEALS.
UH, THIS WAS THE MEETING THAT SHOULD HAVE BEEN ON DECEMBER ONE.
UH, LET'S HAVE A, UH, A READING OF THE, UH, THE NOTICE PLEASE.
COMMISSIONER CHACHA LEGAL NOTICE TOWN OF S BOARD OF ZONING APPEALS MEETING DECEMBER 15TH, 2020.
THE TOWN OF S BOARD OF ZONING APPEALS WILL MEET ON TUESDAY, DECEMBER 15TH, 2020 AT 7:00 PM IN ROOM SEVEN B OF HAMBURG TOWN HALL.
THE MEETING WILL BE ENTERED STREAM TO THE TOWN OF HAMBURG, FACEBOOK'S PAGE, TOWN OF HAM, NEW YORK.
THE BOARD WILL CONSIDER THE FOLLOWING APPLICATIONS.
BEFORE WE GO AHEAD WITH THAT, I JUST A COUPLE OF NOTES HERE, PLEASE.
UM, IF YOU'RE, UH, PARTICIPATING AT HOME, MAKE SURE YOU'RE ON MUTE, UH, AND UNMUTE YOURSELF WHEN YOU WANNA SPEAK.
UM, EVERYONE TURN OFF YOUR CELL PHONES, UM, SEE, UH, SPEAK UP SO THAT EVERYONE CAN HEAR YOU WHEN YOU DO SPEAK.
AND, UH, EVERYONE KNOWS THE, UH, REGULAR STUFF, UM, YOU KNOW, ABOUT FRIDAY, UH, FOR YOUR BUILDING PERMIT, UM, ET CETERA, ET CETERA.
SO WE'LL HAVE TO ADDRESS THAT INDIVIDUALLY AS PEOPLE COME IN.
BUT, UH, SO FIRST APPLICATION'S, UH, TABLE, THAT'S, UH, LOOKS LIKE IT'S GONNA REMAIN ON THE TABLE.
SO FOR NOW, KEEP THAT ON THE TABLE AND OUR NEXT APPLICATION.
UH, ARE YOU JEFFREY FARRELL? I AM, YES.
WHICH CHIP, GIVE US A LITTLE BIT OF, UH, INFORMATION ON WHAT YOU'RE DOING.
UH, WELL, THE GOAL HERE IS TO ADD A FIRST FLOOR LAUNDRY ROOM, MUD ROOM.
WE'VE BEEN IN THE HOUSE 15 YEARS, AND MY POOR WIFE AND ME TRUCKING DOWN IN OUR AWFUL BASEMENT WHERE I CAN'T EVEN QUITE STAND UP, BUT WE'VE BEEN DOING LAUNDRY THAT WAY.
AND SO WE LOVE OUR HOUSE, BUT WE JUST NEED TO KIND OF UPDATE AND GET WITH THE TIMES.
AND SO THE GOAL WAS TO HAVE A FIRST FLOOR LAUNDRY AND MUCH MORE ACCESSIBLE AND UPDATED THAN OUR CURRENT BASEMENT SITUATION AND AN ENTRY POINT IN THE HOUSE WITH ALL THE KIDS IN THEIR BACKPACKS, JACKETS WITH JUST OUT OF SPACE.
UM, WELL, I'M GONNA ASK THE OBVIOUS QUESTION, I GUESS.
UH, WHY NOT ON THE OTHER SIDE OF THE HOUSE? UH, THOSE ARE ALL BEDROOMS ON THAT SIDE OF THE HOUSE.
SO YOU GOT AN EXISTING NON-CONFORMING STRUCTURE AS IT IS.
YOU'RE ALREADY, UH, WHAT, UH, 15? UM, A LITTLE OVER 15 FEET FROM YOUR PROPERTY LINE? YES.
BRING YOU, UH, A LITTLE, UH, OVER SIX FEET FROM THE, UH, THE ADJOINING PROPERTY FROM THE FENCE.
THERE'S A SIX FOOT STUCKEY FENCE THERE.
ANY QUESTIONS FROM, UH, OUR MEMBERS? ANY OF YOUR NEIGHBORS? DO YOU HAVE ANY COMMENTS, JEFF, REGARDING NO.
WE'VE BEEN, THEY, WE'VE ALL BEEN IN THE SAME HOUSES FOR YEARS.
SO THE FENCE ISN'T MOVING OR ANYTHING? NO FENCE ISN'T MOVING.
THAT STAYS, THAT STAYS THE SAME.
ANYONE ELSE? ANYONE, UH, PARTICIPATING AT HOME HAVE ANY QUESTIONS? NO.
THANK YOU VERY MUCH MR. FARRELL.
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EVERYONE WE DO HAVE HERE I KNOW LUNCH.WHAT? DO YOU HAVE A QUESTION, MR. FERRELL? I'M SORRY.
WE'LL, WE WILL MAKE A, A DECISION TODAY, MOST LIKELY.
OH, AND I, WE, WE ARE, WE ARE CHECKING FACEBOOK RIGHT? IN CASE ANYONE HAS ANY COMMENTS OR QUESTIONS WE NEED TO KNOW ABOUT.
UH, INTRODUCE YOURSELF PLEASE.
I'M RUSS GULL FROM GU GARDEN CENTER.
AND WHAT ARE WE, UH, WHAT ARE WE LOOKING TO DO NOW, MR. GULLO? WE ARE LOOKING TO ADD ON TWO MORE GREENHOUSES TO EXTEND IT FROM BEING 84 FEET WIDE TO BE 120 60 WIDE.
UM, WE PURCHASED A PROPERTY NEXT DOOR FROM MILLIGAN LAST YEAR IN THE HOPES OF DOING THIS AND ADDING ON A POLE BARN ON THE BACK END OF THE, WHERE WE HAVE A TEMPORARY BUILDING NOW IT'S JUST A SHED.
WE WANNA PUT, UH, PUT THIS POLE BARN AND THE POLE BARN'S GONNA BE USED FOR STORAGE OF THE, THE GOODS FOR STORE GOODS.
CHAIRMAN, HE BROUGHT A PICTURE IN, IT'S ACTUALLY FOR THE PLANNING BOARD TOMORROW NIGHT, BUT IT MIGHT BE GOOD FOR THIS BOARD.
HE WANTED A RENDERING WHAT IT WOULD LOOK LIKE, UM, WITH TWO MORE GREENHOUSES ON IT.
AND INSTEAD OF BEING FOUR AS IT IS NOW, IT WOULD BE SIX.
SO YOU COULD SEE WHAT IT WOULD LOOK LIKE.
YOU SEE THAT? IT'D JUST BE ADDING THE TWO.
IT LOOKS EXACTLY THE SAME HOUSES TO THE LEFT.
THE, THE POLE BARN IS NOT INTO RENDERING BECAUSE WE CAN'T FIGURE HOW TO PUT THAT IN THERE.
RUSS, HOW, HOW MUCH IS YOUR TOTAL ACRES NOW? NINE ACRES.
AND WHERE, WHERE IN THE PROPERTY OR ARE YOU PUTTING THE, UH, POLE BARN? UM, IT'S, IT IS ON THE BACK.
I GUESS IT'S THE EAST, FAR EAST SIDE OF THE GREENHOUSES, THE REAR OF THEM.
I WAS JUST GONNA SAY, CAN WE HAVE THAT? YEAH.
IN THE RENDERING? IT'S NOT IN THE RENDERING BECAUSE WE, WE DID THIS ON COMPUTER.
PUT THE ON IS YEAH, I SEE YOUR, I MEAN, YOU GOT YOUR SITE PLAN HERE, BUT RIGHT.
IT SHOULD BE IN THE SITE PLAN.
IT SHOULD HAVE BEEN DRAWN IN THERE FROM THERE.
LEMME, MAYBE IF I PUT MY GLASSES ON, THAT MAY HELP.
SO IF, IF YOU'RE ABLE TO SEE THIS HERE, THESE ARE THE TWO NEW HOUSES RIGHT HERE ON THE END.
AND THEN RIGHT, RIGHT BEHIND AT THE BACK END OF WHEN THE POLE BARN IS RIGHT AT THE END OF 'EM.
SO LIKE HOW YOU HAVE HERE THE STORES BUILT INTO THE GREENHOUSES.
SO IT'D BE THE SAME WAY ON THE BACK END.
AND THAT'S, IT'S OFF OUR STORE GOODS BECAUSE WE KEEP 'EM IN THE BACK, IN THE OTHER POLE BARN.
AND IT IS, IT'S RIGHT NEXT TO OUR, OUR BULK AREA OPEN.
AND EVERYTHING IS VERY, SO THAT'S BASICALLY BE, THAT'LL BE ATTACHED, THAT'LL BE ATTACHED TO GREENHOUSE.
NOW ANY, UH, ANY OTHER QUESTIONS? YOU GOT ONE QUESTION, MR. CHAIRMAN? SIR.
MR. WHEN YOU ACQUIRED THE OTHER PROPERTY, HOW MUCH SPACE DID YOU GAIN FROM THAT PURCHASE? IT'S A HALF ACRE.
WHEN WE DID THE PURCHASE, WE DID IT TO ACCOMMODATE THE 42 FEET WIDE.
AND THEN I THINK IT HAS TO BE ANOTHER FIVE OR SIX FEET MM-HMM
SO IT ALL WOULD FIT WITHIN THE REQUIREMENTS.
OFF THE PROPERTY LINE FOR COMMERCIAL COMMERCIAL.
SO BASICALLY WE'RE LOOKING AT A, A FRONT YARD SETBACK THAT HE'S ALREADY, WE'VE ALREADY GIVEN HIM A VARIANCE FOR IN PAST YEARS.
UM, NO SIDE YARD, UM, AND, UH, AREA OF THE, THE, THE SQUARE FOOTAGE OF THE BUILDING.
ANY OTHER QUESTIONS? ANYONE FROM HOME? ALL SET.
THERE'S NOTHING ON FACEBOOK EITHER.
WE'RE GONNA ASK YOU TO STAND ABOUT FIVE OR SIX FEET BACK.
YOU'RE IN THE BOTTOM CORNER HERE.
JUST, WE DON'T WANT YOU TO PAVE YOUR HEAD CUT OFF.
AND, UH, ARE YOU DOUGLAS MCLAUGHLIN? I AM.
AND YOU RESIDE AT 30 53 OLD LAKE VIEW ROAD? YES, SIR.
UH, FLOOR'S YOURS, BUT, UH, UH, I'M ADDING A POLE BARN TO MY, UH, PROPERTY AND IT'S GONNA BE ATTACHED TO MY EXISTING GARAGE.
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ALL THE RV JUST OUTTA SIGHT AND, UH, AND THEN OUTTA THE WEATHER AS WELL.SO THE, UM, THE VARIANCE THAT WE HAVE HERE, THIS IS JUST FOR THE LEAN TO, AM I CORRECT? RIGHT.
THE PULL THE POLE BARN IS, UM, YOU, IT IS A POLE BARN, LIKE LEAN TO, 'CAUSE IT'S ATTACHED TO WHERE THE GARAGE.
IT'S AN EXISTING STRUCTURE THAT'S CURRENTLY NON-CONFORMING, BUT IT'S EXISTING NON-CONFORMING.
AND YOU WANT TO ADD THE LEANN TWO ON THE SIDE? CORRECT.
AND THE LEAN TWO'S FOR YOUR RV YOU SAID, OR Y YES.
THAT'S FOR A FIFTH WHEEL TRAILER.
IS THERE ANY, UH, IS THERE ANY OTHER PLACE YOU COULD, YOU COULD STORE THAT, UH, THAT VEHICLE? IT'S, UH, WHY, WHY THAT SPOT? 'CAUSE IT IS TOWARDS, ON THE BACK OF THE PROPERTY, AND IT WOULD BE OUT SIGHT, YOU KNOW, PLUS THERE WOULDN'T BE AN EYES FOR QUESTIONS FROM THE BOARD.
I HAVE ONE, MR. CHAIRMAN, I NOTICED WHEN I DROVE BY EARLIER IN THE WEEK THAT IT ALREADY SEEMS TO BE THEY STARTED A CONSTRUCTION ON HIM.
AND THAT, AND I GOT STUFF WORK ORDER ON THERE.
SO THAT'S, SO THAT'S GONNA BE THE LOCATION OF IT.
WE FOUND THAT A LOT OF PEOPLE DON'T REALIZE THAT YOU NEED A PERMIT FOR A, A MEETING TO, RIGHT.
ANY OTHER QUESTIONS FROM THE BOARD? ANYONE AT HOME? OKAY.
UH, MR. LARKE, UH, ARE YOU HERE TO SPEAK ON THIS ITEM? I AND WE TRY TO PROTECT THE 18 MILES.
UH, IF YOU WOULD, UH, WHY DON'T YOU COME ON UP.
JUST TRADE SWAP SPOTS FOR THEM, AND THAT WAY THE FOLKS AT HOME CAN HEAR YOU BETTER.
I'M CHAIRMAN OF THE CONSERVATION BOARD.
UM, WE'VE HAD SIGNIFICANT IMPROVEMENTS IN TRYING TO PROTECT THE
UH, RECENTLY IN 2015, THEY DESIGNATED AS AN INLAND WATERWAY IN 1992.
THE DEC DESIGNATED A CRITICAL ENVIRONMENTAL AREA THAT FALLS WITHIN THE CONSERVATION ADVISORY AREA FOR THE
AND IN CHAPTER 29 OF THE TOWN CODE, IT SAYS, UNDER NO CIRCUMSTANCES SHALL THE TOWN PLANNING BOARD APPROVE ANY SUCH APPLICATION FOR A PERMIT, A STRUCTURE, OR A BUILDING INTENDED TO BE LOCATED LESS THAN 100 FEET DISTANCE FROM THE CENTER LINE OF ANY WATERCOURSE, SERVING AS A NATIONAL DRAINAGE CHANNEL IN THE TOWN OF HAM WITHIN THE CONSERV CONSERVATION AREA, DEFINED IN SUBSECTION D ONE ABOVE, WHERE IN A CASE THE 18 MILE CREEK OR ANY OF ITS BRANCHES WITHIN THE ADVERS CONVERSATION AREA, CONVERSATION AREA, ANY APPLICATION FOR PERMIT FOR A STRUCTURE OR BUILDING INTENDED TO BE LESS THAN 60 FEET FROM THE TOP OF THE BANK OF THE 18 MILE CREEK, WHERE SUCH TOP OF THE BANK IS 20 FEET OR MORE IN HEIGHT FROM THE BED OF THE CHANNEL AS MEASURED FROM THE GRADE LEVEL OF THE CHANNEL, WHICHEVER DISTANCE IS GREATER.
READ WHAT YOU JUST READ, MARK, YOU SAID IT'S THE PLANNING BOARD? YEP.
IT'S ACTUALLY, IT'S ACTUALLY HOW TECHNICALLY, HOW, BECAUSE IF ROGER WERE TO ISSUE A PERMIT, HE'S ACTUALLY GOTTA GO BY GUIDANCE OF THIS ALSO, BECAUSE THIS BASICALLY FALLS WITHIN THE LAKE SHORE ALL THE WAY FROM SMOKES CREEK ALL THE WAY UP TO BOSTON.
SO YOU CAN'T TOUCH ANYTHING FROM THE TOP OF THE BANK.
60 FEET, NO PERMANENT STRUCTURE'S SUPPOSED TO BE OR TAKING TREES DOWN, EXCAVATING WITHOUT, UH, YOU'RE AWARE HOW CLOSE TO HIS HOUSE ALREADY? I HEARD IT'S LIKE 15 FEET FROM THE TOP OF THE BANK.
UH, WHAT'S THE, THE SECTION? IT'S, UH, THREE, SECTION THREE.
WE'VE GOT, UH, LET'S SEE, UNDER 28 10, UH, 2280 DASH 10 CONSERVATION AREAS.
UM, THIS WOULD BE, UH, UNDER D NUMBER THREE.
UM, FURTHERMORE, PRIOR TO THE ISSUANCE OF ANY PERMIT TO THE ERECTION OF ANY PERMANENT STRUCTURE OR BUILDING PURSUANT TO SUBSECTION D ONE A OR B ABOVE THE CONSERVATION AREA, REFERRED TO SUBSECTION ABOVE, WHEREIN IT IS A JUDGE BY THE ENFORCEMENT OFFICER FOR THIS CHAPTER, THAT SET PERMIT APPLIES TO PREMISES FOR GOING HUNDRED FEET OF THE CENTER LINE OR SERVING, UH, ET CETERA, ET CETERA.
BASICALLY, IT, UH, IT, UH, GOES ON TO SAY, UM, WHAT'S HIS NATURAL STORM DRAINAGE AS INDICATED ON THE ASET 2010 MASTER PLAN, OPEN SPACE MAP OR PREMISES WITHIN FLOOD
[00:15:01]
PRONE AREAS.SO IT LOOKS AS IF THIS HAS BEEN ADDRESSED IN THE MASTER PLAN IN 2010.
UM, WERE YOU INVOLVED AT, AT THAT POINT OR, UH, WE'VE BEEN WORKING ON THE COMPREHENSIVE PROJECT, HAVING SOME NEW SLOPE COMING UP.
BUT IN THE MEANTIME, THIS IS WHAT WE CALL ALSO THE DEC ALSO HAS BANKS, WHICH MEAN THE LAND IMMEDIATELY ADJACENT TO ANY AND WHICH SLOPES TOWARDS THE, THE BED OF A WATER COURSE AND WHICH IS NECESSARY TO MAINTAIN THE INTEGRITY OF THE WATER COURSE.
THE BANK WILL NOT BE CONSIDERED TO EXTEND MORE THAN 50 FEET HORIZONTALLY FROM THE, THE MEAN HIGH WATER LENGTH WITH THE FOLLOWING EXCEPTIONS, WHERE A GENERAL UNIFORM SLOPE OF 45 DEGREES, A HUNDRED PERCENT GREATER, OR A JOINT TO THE BED OF A WATERCOURSE, THE BANK IS EXTENDED TO THE CREST OF THE SLOPE OR THE FIRST DEFINABLE BREAK IN THE SLOPE.
EITHER A NATURAL OR A CONSTRUCTED ROAD OR RAILROAD GRADE FEATURING LYING GENERAL PARALLEL TO THE WATERCOURSE.
AND THIS IS BY THE DC MM-HMM
BECAUSE THEY DESIGNATED THIS A CRITICAL ENVIRONMENTAL AREA.
RIGHT? IT'S THE, IS IT THE ONLY CRITICAL ENVIRONMENTAL AREA IN TOWN? YEAH, THE 18 MILE CREEK.
BECAUSE THE 18 MILE CREEK WAS DESIGNATED IN WATERWAY IN 2015 BY STATE LEGISLATURE.
ANY QUESTIONS FOR MR. QUE? HANG ON ONE SECOND.
WOULD UH, ANYONE FROM THE BOARD? YES, SIR.
MR. CHAIRMAN? UH, UH YES, SIR.
UH, I WONDER IF I CAN ENLIGHTEN THE BOARD A LITTLE BIT IN REGARDS TO, UH, A PREVIOUS, UH, PRECEDENT THAT WAS SET SEVERAL YEARS AGO WITH THE BUILDING DEPARTMENT IN REGARDS TO SEVERAL SIDE BY SIDE PROPERTIES THAT HAD, UH, DEBTS THAT OVERLOOKED THE, THE 18 MILE TRIP JUST RIGHT ON SOUTH, OFF THE SOUTH CREEK ROAD.
RIGHT ON, UM, OLD LAKE OR OLD LAKE ROAD.
AND, UH, IT WAS MY JOB TO TAKE THEM TO COURT.
I LAID THE SITUATION, THEY WENT TO COURT, BUT THE SETTLEMENT WAS, THERE WAS NO JUDGMENT, BUT THE SETTLEMENT WAS, THEY REMOVED THE DECKS BEFORE THE JUDGE MADE A DECISION.
UH, THE, THE PROBLEM WOULD GO AWAY.
AND THAT'S BASICALLY WHAT THEY DID.
BOTH, BOTH NEIGHBORS REMOVED BOTH THEIR DECKS AND, UH, THEN ELIMINATED THE, THE VIOLATION.
SO IN, IN OTHER WORDS, WHAT, WHAT YOU'RE SAYING IS THAT, UM, WELL, I GUESS THAT, UH, THE FEELING WAS THAT THE COURT WOULD, UH, WOULD RULE AGAINST THE, THE LANDOWNER, NOT NECESSARILY, IT DIDN'T GO THAT FAR.
THE, THE NEIGHBORS DECIDED TO NOT PURSUE IT ANY FURTHER BECAUSE THERE WAS COMPLAINTS MADE BY PEOPLE ON THE SOUTH SIDE, UH, IN REGARDS TO THEM BUILDING WITHIN 60 FOOT OF THE BANK.
AND, UH, THEY DECIDED WE RECOMMENDED FROM THE BUILDING DEPARTMENT THAT IF THEY REMOVED IT, THEY COULD REMOVE THE VIOLATION.
AND THAT'S JUST WHAT THEY DID.
MR. MCLAUGHLIN DID, UH, YOU HAD A QUESTION OR COMMENT THAT YOU WANTED TO MAKE? OH, JUST FOR CLARIFICATION, IS IT 60 FEET UP IN THE MIDDLE OF THE CREEK OR FROM THE HIGH CREEK BED? OH, 'CAUSE I HAVE A HUNDRED FEET OR MORE, UH, TO THE CREEK.
SO WHEN YOUR BANK GOES HORIZONTAL AND THEN DROPS VERTICAL, YOU'RE GONNA START NOT VERTICAL? WELL, IT DROPS.
YOU GOT ABOUT A 60 FOOT DROP ON A BACK, BACK SIDE OF THE, I MEAN, IF YOU WERE TO WALK OFF YOUR BACK, YOU'RE PROPERTY END UP IN THE BOTTOM OF THE CREEK, 60 FOOT.
OH, WELL, I WOULDN'T HAVE BEEN A CREEK CUP BECAUSE IT'S A HUNDRED FEET.
WELL, IT'S NOT, WE'RE NOT GONNA, WE WE'RE NOT GONNA GO BACK AND FORTH.
UM, BUT HERE, HERE'S THE, THE, THE FACT OF THE MATTER IS THAT THE, THE BUILDING DEPARTMENT HAS JUDGED THAT, UM, YOU NEED A VARIANCE OF 45 FEET.
SO THAT, AND YOU'RE SUPPOSED TO BE 60 FEET FROM, UM, SO SAYING THAT YOU'RE BASICALLY 15 FEET FROM, AND YOU NEED A 45 FOOT VARIANCE.
SO I DON'T KNOW IF THAT ANSWERS YOUR QUESTION THAT, BUT THE, THE WAY THE BUILDING DEPARTMENT IS, IS LOOKED AT IT, IS THAT YOU'RE, UH, BASICALLY 15 FEET FROM, UM, THE, THE, UH, THE MARK ON THE, UH, ON THE BANK THAT YOU NEED TO BE.
YEAH, I, I DOESN'T REALLY HELP ME.
'CAUSE I MEAN, I REALLY DON'T KNOW CODES FOR ZONING OR, OR ANY OF THAT, YOU KNOW, MEAN.
WELL, THE HIGH BANK MARK UHHUH IS SHOWN ON YOUR, UH, ON YOUR RIGHT, ON YOUR PLAN HERE.
THIS IS WHERE THEY'RE, THEY'RE, THEY'RE JUDGING IT FROM, OKAY.
ALL THAT HIGH BANK MARK IS WHERE YOU NEED TO BE 60
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FEET FROM.UM, NOW THAT'S BEEN DONE AFTER, UH, OBVIOUSLY AFTER YOUR, YOUR PROPERTY HAS BEEN DEVELOPED AND THINGS HAVE BEEN BUILT.
UH, BUT BE THAT AS IT MAY, UM, WAY THE CODE READS NOW IS ANY CONSTRUCTION HAS TO TAKE PLACE 60 FEET FROM THAT MARK.
ANY, UH, ANY OTHER QUESTIONS? ANYONE ELSE? ANYTHING ELSE YOU WANNA ADD MR. RK? NO, I'M GOOD.
ALRIGHT, MOVE ON TO OUR, UH, NEXT ITEM APPLICATION 58 41.
BRIAN FRIEDMAN THAT YOU? YES, SIR.
UH, TELL US WHAT, UH, WHAT IS YOU'D LIKE TO DO? I'D LIKE TO PUT UP A GARAGE THAT'S, IT'S PRETTY MUCH TWICE THE SIZE OF THE ORIGINAL ONE THAT FELL DOWN DURING THE HUGE SNOW STORM.
AND WE GOT SEVEN FEET OF SNOW.
UH, MY SON OWNS TWO CLASSIC CARS.
AND MY DAUGHTER DOES PROFESSIONAL BARREL RACING, SO I WANTED A 10 FOOT DOOR SO I COULD PUT OUR, WHAT WAS IT? PROFESSIONAL BARREL BARREL RACING.
OH, AS IN, YEAH, ACTUALLY IT WAS RIGHT THERE AROUND BARRELS.
SO ANYWAYS, I'D LIKE TO BE ABLE TO PUT OUR HORSE TRAILER IN THE LOCKED GARAGE DOOR.
CAN KEEP OUR EXPENSIVE EQUIPMENT IN THERE.
IT'S NOT, IT SAYS IT IS A SECOND STORY, BUT IT'S ACTUALLY JUST STORAGE.
IT'S NOT A FULL BLOWN SECOND STORY.
IT'S JUST, IT COMES OUT TO 341 SQUARE FEET WOULD BE ON THE TOP, WHICH WE'D BE KEEPING OUR BARREL RAISE AND STUFF IN.
DO YOU HAVE NO PLANS TO RUN ANY PLUMBING OR ANYTHING TO THE SECOND FLOOR OR ANYTHING LIKE THAT? GOTCHA.
AND NO, NO BUSINESS WOULD BE RUNNING OUT.
WELL, ACTUALLY YOU HAVE THE LIST.
THERE'S AGRICULTURAL IN NATURE.
UH, THAT WOULD BE ALLOWED IN AN RE DISTRICT.
THAT WOULD, THAT'S BE DIFFERENT.
BUT NO, SHE JUST TRAINS IN OUR HURRY ON BACK.
ANY OTHER QUESTIONS FROM THE BOARD? UM, THE TWO DRIVEWAYS THAT I NOTICED LIVED YOUR DRIVEWAY CLOSEST TO THE HOUSE.
IS WHO OWNS THE LARGER BUILDING AT THE SECOND DRIVEWAY? THAT'S OUR HORSE BARN.
SO IT'S GONNA BE IN BETWEEN PAST THE POOL? YEAH.
OH, IT'S RIGHT, RIGHT BY HIS HOUSE.
RIGHT ON THE END OF IT IS PRETTY MUCH EXACTLY WHERE THE OTHER GARAGE WAS IT JUST HOW FAR? AH, YEAH.
WHAT WAS THE, UH, SQUARE FOOTAGE IN THE, UH, SECOND, SECOND FLOOR? IT'LL COME OUT TO, IT IS JUST ATTIC STORAGE, RIGHT? TRUSSES? MM-HMM
SO IT COMES OUT TO 341 SQUARE 3 41.
ANY OTHER QUESTIONS FROM THE BOARD? ANYONE ELSE? NOPE.
LITTLE BIT MORE LITTLE FOR GOOD.
THIS IS, UH, APPLICATION 58 42 FOR S AND B.
UH, THE APPLICATION IS FAIRLY SIMPLE.
THE APPLICANT, UH, IS THE OWNER OF WHAT IS CURRENTLY TWO ADDRESSES, 5 8 3 3 CAMP ROAD AND OF THE ADJOINING PARCEL 3 9 6 8 STALEY DRIVE, 5 8 3 3 IS CURRENTLY A TENANT AND CONTINUES TO BE USED AS, UM, HEIDI'S HIDEAWAY, UH, SMALL DINER RESTAURANT.
AND THERE'S NO PLANS FOR THAT TO CHANGE.
UH, THE CURRENT TENANT SHAW, UH, HEATING AND COOLING, OR SHAW AND YOUNG HEATING AND COOLING IS ACTUALLY HAS COMMON OWNERSHIP WITH THE OWNER OF THE PROPERTY.
UM, AND SO THEY'RE USING THAT, UM, FOR STORAGE
[00:25:01]
AND, UH, FOR SOME LIGHT FABRICATING WITH REGARDS TO SOME OF THE EQUIPMENT PIECES AND PARTS THEY USE IN THEIR HEATING AND COOLING, UH, INSTALLATION BUSINESS.UM, THEY HAVE A SPACE ISSUE AND THEIR GOAL IS TO REMOVE THE TEMPORARY TRAILER THAT'S ON THE PARCEL BY BUILDING AN ADDITION ON THE BACK.
A 15 BY 30, UH, FOOT ADDITION APPROXIMATELY THAT WILL RUN THE EXACT SAME WIDTH OF THE EXISTING BUILDING.
UH, THE BUILDING IN ITS CURRENT POSITION ALREADY, UH, IS, UH, HAS A SETBACK ISSUE.
UM, SO A PART OF THE VARIANCE WOULD BE SEEKING THE APPROVAL OF, UM, THIS BOARD FOR WHAT WOULD BE THE SETBACK VIOLATION WITH REGARDS TO THE ADDITION.
UM, AND, UH, IT'S GONNA BE 12 FEET IN HEIGHT.
IT WILL HAVE THE EXACT SAME EXTERIOR LOOK AND COLORING AS THE EXISTING BUILDING.
AND SO AS SOON AS THE ADDITION IS COMPLETE, THE GOAL WOULD BE, UH, TO MOVE ANY ADDITIONAL CONSTRUCTION MATERIALS, INVENTORY, OR PARTS, UH, FROM THE TRAILER SO THAT IT CAN BE DISMANTLED OR REMOVED FROM THE LOT.
AND HE IS IN FRONT OF THE PLANNING BOARD.
IN FACT, HE'S GOING, THEY HAVE A PUBLIC HEARING TOMORROW ON THIS.
SO THEY'RE CHANGING THAT POLE SIGN WAS PREMATURE PUTTING THE HEATING AND COOLING UP THERE.
THE, HE MADE A COUPLE OF PREMATURE STEPS, UM, WHICH WAS BROUGHT TO MY ATTENTION BY ROGER AND JOE.
AND, UM, SO WE IMMEDIATELY JUMPED IN TO HELP HIM OUT WITH THAT.
AND, UM, SO, UH, HE, HE, UM, WE'RE, WE'RE HERE ASKING FOR FORGIVENESS AND PERMISSION, UH, BECAUSE IT WAS NOT INTENTIONAL ON HIS PART.
I THINK IT WOULD GO WITHOUT SAYING WITH PART TWO OF WHY WE'RE HERE.
HE HAD MADE DRAMATIC AESTHETIC IMPROVEMENTS TO THE SIGN.
HE SIMPLY ADDED AN ADDITIONAL SIGNBOARD INTO THE SPACE THAT HAD BEEN VACATED.
THERE WERE SOME EXPOSED AND HANGING WIRES.
HE BLASTED AWAY THE RUST ON THE SIGN REPAINTED IT, REPHRASED BOTH SIGNS.
UM, AND, UH, QUITE FRANKLY, EVEN THOUGH THE COMBINED SIGNAGE WOULD REQUIRE THE VARIANCE FOR THE SPACE, RIGHT, THE OVERALL SPACE, I BELIEVE IT'S, UH, AN EXTRA 22 FEET SQUARE FEET.
UH, THE, THE EXISTENCE OF THE SIGN DOES NOTHING TO CHANGE THE CHARACTER OF THE NEIGHBORHOOD BECAUSE THERE'S SEVERAL SIMILAR SIGNS WITH A HALF MILE RADIUS UP AND DOWN CAMP ROAD.
SO I GUESS WE'RE TALKING ABOUT BOTH OF THESE AND THEN AT THE SAME TIME, SO, OKAY, YOU GUYS SIX CHANCE SEVEN, JUST ANSWER.
RIGHT? WELL, COMMISSIONER DIMPLE DID KIND OF, HE OPENED THE DOOR FOR HIM, BUT THAT'S, THAT'S ALL RIGHT.
AS LONG AS EVERYONE KNOWS, UH, WHICH IS WHICH.
BUT WE'VE GOT, UH, OBVIOUSLY THE, THE FIRST IS THE, UH, AREA VARIANCE, UM, FOR THE ADDITION.
AND THE, UH, THE SECOND ONE IS THE SIGN.
SO ANY, UH, ANY QUESTIONS ON, UH, THE FIRST ONE? UH, NUMBER SIX.
ANY QUESTIONS ON NUMBER SIX? BRIAN? THERE'S NO NEIGHBOR COMPLAINTS ABOUT THE, ABOUT THE NEW BUILDING GOING IN OR ANYTHING LIKE THAT? NO, ACTUALLY OUR CLIENT DID GO AND VISIT WITH EACH OF THE NEIGHBORS TO LET THEM KNOW WHAT WAS TAKING PLACE.
HE MET WITH THEM SHORTLY AFTER HE MOVED IN.
AND THEN AGAIN, WITH REGARDS TO THE ADDITION, IT DIDNT SEEM TO BE IN THE OPPOSITION THAT WE'RE AWARE OF.
ANY QUESTIONS ABOUT NUMBER SEVEN? NOW, THERE IS A, I MEAN, IT IS A USE VARIANCE AND THERE, UH, YOU KNOW, OBVIOUSLY WE GET A DIFFERENT SET OF CRITERIA WITH THE USE VARIANCE.
UM, WHAT TYPE OF, UH, WHAT TYPE OF FINANCIAL HARDSHIP DOES HE FACE WITH, UH, WITH REPLACING THE, THE SIGN? HAS HE LOOKED AT A, A MONUMENT SIGN? HAS HE, HE DID.
THERE WOULD BE CONSIDERABLE ADDITIONAL EXPENSE.
IT, IT, IT'S NOT LIKE IT'S GONNA BE A CRIPPLING EXPENSE, BUT IT WOULD BE, UH, BASED ON CURRENT CHARACTER OF THE SIGNAGE IN THE IMMEDIATE VICINITY, UH, IT WOULD BE CONSIDERABLE ADDITIONAL EXPENSE.
AND I THINK QUITE FRANKLY, IT WOULD LOOK MORE OUT OF CHARACTER AS A MONUMENT SIGN ALONG THAT QUARTER THAN THE EXISTING SIGN WITH THE OTHER BUSINESSES, UM, UP AND DOWN THAT QUARTER.
UH, SO, YOU KNOW, IT'S A MATTER OF MAKING USE OF THE EXISTING STRUCTURE IN PLACE, THE EXISTING STAND, UM, YOU KNOW, TO THE EXTENT THAT IT'S AN AESTHETIC IMPROVEMENT THAT'S SUBJECTIVE, BUT I THINK IT GOES WITHOUT SAYING WHAT HE'S DONE TO THE SIGN LOOKS SIGNIFICANTLY BETTER THAN IT DID.
AND, UH, SO IT'S JUST A MATTER OF, YOU KNOW, UM, UH, HE PUT AN AWFUL LOT OF MONEY INTO THE ACQUISITION, HE'S GONNA BE PUTTING A LOT MORE MONEY INTO THE ADDITION.
THE SIGNAGE WILL PUT HIM AT A POINT WHERE HE'D GET A LITTLE BIT OF A TIPPING POINT WITH REGARDS TO INITIAL INVESTMENT UNTIL HE CAN SETTLE IN THERE FOR A WHILE AND RUN THE BUSINESS.
UH, ANY OTHER, UH, ANY OTHER QUESTIONS ON, UH, NUMBER SEVEN? ANYONE? MR. CHAIRMAN? YES, MR. ADRIAN? UH, I, WHAT, WHAT'S PROPOSED, PAUL? IT'S EXISTING POLE SIGN.
[00:30:01]
POLE SIGN, I BELIEVE IS 18 FEET.YOU KNOW, UNFORTUNATELY, MR. CHAIRMAN, THERE'S NOTHING IN THE CODE THAT, UH, THAT ES POLE SIGN AS FAR AS SIZE, UH, THE SIZE.
BUT IT, IT'S REGARDING THE MONUMENT SIGN, UNFORTUNATELY, YOU KNOW, THEY HAVE TO FALL BACK ON THAT.
I WOULD RECOMMEND, IN FACT, THE BOARD DECIDES TO, TO, UH, GRANT THE VARIANCE THAT THEY WOULD, UH, AS FAR AS THE TRAILER GOES, MAY GET A CONDITION, MAKE IT A CONDITION THAT IS REMOVED PRIOR TO THE CO BEING ISSUED, YOU KNOW, UM, OR THAT THE ADDITION, IF THE ADDITION IS APPROVED FOR VARIANCE.
SO AT NUMBER SIX, SAY, UH, UH, CONDITION BE, UH, MAKE SURE THAT THE TRAILER'S REMOVED YEAH.
SAY WITHIN, YOU KNOW, 30 DAYS OF THE OR OR PRIOR TO THE ISSUANCE OF THE CO.
UH, IF WE COULD HAVE A LITTLE TIME BEYOND THE ISSUANCE, SIMPLY BECAUSE THE EQUIPMENT AND CONSTRUCTION MATERIALS THAT ARE IN THAT HAVE TO BE REMOVED, WE CAN'T, WE COULDN'T TECHNICALLY DO THAT UNTIL WE HAVE THE CO AND PUT THEM IN DISTORTION.
30 DAY, 30 DAYS SHOULD BE SO WITHIN TH WITHIN 30 DAYS OF THE ISSUANCE OF THE CO.
ANY OTHER QUESTIONS? ALRIGHT, THANK YOU VERY MUCH.
UH, THIS IS, UH, NUMBER EIGHT, APPLICATION 58 44 ST.
HOPEFULLY EVERYONE'S HAD AN OPPORTUNITY TO LOOK THROUGH RIGHT HERE, THE PACKET OF INFORMATION HERE.
YOU'RE RIGHT IN THAT BOTTOM, UH, CORNER THERE.
SO, AS LONG AS WE CAN, UH, IF YOU WOULD PLEASE INTRODUCE YOURSELF OR, UH, CAN, YEAH.
CAN YOU EVERYONE? I'M KEVIN TRO, UH, FROM ATIA ANDIA.
UH, I'M APPEARING, UH, THIS EVENING, UM, AS A REPRESENTATIVE FOR, UH, DAVID SLE AUTHORIZED BY, UH, JAY COLEMAN, UH, WHO IS THE REPRESENTATIVE OF ST.
JOHN'S EVANGELICAL LUTHERAN CHURCH.
UH, AND THIS APPLICATION IS FOR A USE BARING VARIANCE FOR THE COMMONLY AS 6 2 2 0 MCKINLEY PARKWAY.
AND THE REQUEST IS THAT, THAT, UH, LOCATION, UH, BE PERMITTED, UH, TO BE, UH, USED AS A COMMERCIAL SPACE.
UH, THE PREVIOUS USAGE OBVIOUSLY WAS, UM, FOR, UH, CHURCH INDUSTRY.
WE, WE ACTUALLY HAVE TO HAVE, UH, ONE OF YOU STEP OUTSIDE TO THE OTHER ROOM.
YOU CAN STAND ON THE RIGHT ON THE PERIPHERY, BUT WE'RE AT 11 AND I, I HAVE TO KEEP IT AT 10.
SO JUST TAKE THREE, FOUR MORE STEPS.
ALRIGHT, WE GOT PROBLEM SOLVED.
AS FAR INTRODUCTION GOES, YOU KNOW, THE PACKET, UH, LAYS OUT, UM, YOU KNOW, THE REQUEST REGARDING, UM, THE FINANCIAL HARDSHIP, THE FINANCIAL HARDSHIP, UH, PERTAINING TO, UH, THE, UH, THE CONTINUATION OF THE PRESENT USE, I GUESS IS, IS TWOFOLD.
FIRST, THERE IS A, UM, AN ISSUE FOR THE, UH, THE CURRENT OWNER, UH, FOR MAINTENANCE AND UPKEEP OF THE PROPERTY, UH, WITH NO, UH, ABILITY TO, TO USE THE PREMISES FOR ITS, UH, UH, PAST PURPOSES.
UH, THE OTHER, UH, FINANCIAL HARDSHIP WOULD BE TO THE, UH, NEW YORK STATE ATTORNEY GENERAL IN THEIR ROLE AS THE, UH, BODY WHICH WAS APPROVE, UH, THE SALES OF THESE RELIGIOUS, UH, LOCATIONS.
UH, CONTINUATION FROM THEIR STANDPOINT, I MEAN, WE HAVEN'T RECEIVED ANY INDICATION THAT THEY WOULD BE UNWILLING TO ALLOW FOR THE SALE, BUT THEY'VE ALREADY APPROVED A SALE, UM, THAT'S SIGNIFICANTLY LESS THAN THE LIST PRICE WAS.
AND, UH, THE LONGER THAT WE, UM, OR THE LONGER THAT THEY ARE UNABLE TO, UM, FIND SOME USAGE FOR THE PROPERTY, UM, THE MORE THE PRICE WOULD DIMINISH BASED ON THE, UH, THE CURRENT STATUS OF THE, UH, MOLD AND WATER ISSUE, UH, THAT REQUIRES REMEDIATION IN THE BASEMENT.
HOW LONG WAS THE PROPERTY ON THE MARKET FOR? UM, APPROXIMATELY EIGHT MONTHS.
THERE WAS, UH, I'M TRYING TO JOG MY OWN MEMORY HERE.
INITIAL LIST PRICE WAS $600,000.
AND, UH, LOOKING AT A, UH, A BASICALLY A 30%, UH, A LITTLE OVER 30%
[00:35:01]
DROP IN THAT PRICE TO 3 96 50? CORRECT.KEVIN, DO YOU KNOW WHAT KIND OF BUSINESS IS PLANNED TO GO IN THERE? YES.
I MEAN, IT WOULD BE COMMERCIAL OFFICE SPACE.
THE BUSINESS ITSELF, UH, IS APEX, LLC.
UH, THEY ARE A COMMODITIES, UM, OUTFIT FOR, UH, FARM SUPPLIES, FARM FEE.
UM, THERE WOULD BE NO, UH, COMMERCIAL STOREFRONT ON THE PREMISES.
IT WOULD BE ESSENTIALLY, UM, AN OPEN SPACE, OPEN, YOU KNOW, OPEN INDOOR SPACE, UM, WHERE THEY WOULD BE ABLE, YOU KNOW, TO COMMUNICATE REGARDING PRICES.
UM, YOU KNOW, THAT THAT'S THE INTENT, THAT THEY DON'T HAVE A WALLED OFF, BUT, BUT THAT'S WHAT THEY DO.
UM, AND LIKE I SAID, IT WOULD BE INTERNAL ONLY.
THERE'S NO, YOU KNOW, NO STOREFRONT, NO CUSTOMERS, UM, NOTHING OF THAT NATURE.
UH, THAT WOULD BE, UH, OF VISITING THE SITE.
AND DO YOU KNOW APPROXIMATELY HOW MANY EMPLOYEES WOULD BE EMPLOYED IN THAT? 12 TO 15? 12 TO 15 THERE.
I MEAN, IF YOU HAD MAINTENANCE OR SOMETHING THAT WOULD BE SEPARATE, BUT 12 TO 15 EMPLOYEES FOR THE, UH, THE FARM SUPPLY PORTION.
ANY OTHER QUESTIONS FROM THE BOARD? TAKE YOUR MUTE OFF.
WE CAN'T HEAR YOU, MR. JEREMY.
UM, WOULD THERE, IS THERE ANY TRACTOR TRAILER TRAFFIC BEING PROPOSED FOR THE, UH, THE CHANGE OF USE? NO, THERE WOULDN'T BE ANY, UM, PICKUP OR DELIVERY OF ANY OF THE COMMODITIES FROM THAT LOCATION.
UM, SO THE, THE TRANSFERS WOULD OCCUR ELECTRONICALLY THERE, BUT THERE'S NO PICKUP, THERE'S NO DROP OFF.
NOTHING'S GONNA BE STORED ON SITE.
IT'S, IT'S SOLELY OFF SPACE AND IT'S NOTHING BUT, UH, THE EMPLOYEE PARKING.
AND US ION PARKING, OBVIOUSLY WITH THE CHURCH FAR MORE THAN WE DID.
I SEE WE HAVE SOME FOLKS HERE, I, UH, HERE SPEAK ON THIS ITEM.
UM, IF YOU'D LIKE, YOU CAN COME UP ONE BY ONE, UM, TO THE PODIUM WHERE MR. ROBINSON'S, UH, UM, STANDING OUT AND STATE YOUR NAME, YOUR ADDRESS FOR THE RECORD, PLEASE.
YOU, UH, JUST BACK UP A LITTLE BIT SO WE CAN SEE THE TAB.
I LIVE AT 44 80 VALLEY VIEW AVENUE.
MY REASON FOR BEING HERE IS JUST BEING A NEIGHBOR TO THE, THE PROPERTY WHERE WE ARE.
OUR, WHERE BASICALLY OUR BACK DOOR IS FACING THAT PROPERTY THROUGH THE, THE LITTLE, UH, RIGHT OF WAY DITCH THAT'S IN THE BACK OF OUR HOUSES.
AND, UH, JUST BASICALLY WANTED TO SEE WHAT WAS HAPPENING, FIRST OF ALL.
AND THEN SECONDLY, UM, JUST AS A NEIGHBOR JUST REQUESTING, UH, THINGS SUCH AS, UH, OR INQUIRING RATHER ABOUT ANYTHING RELATED TO SAY, BARRIERS THAT MIGHT BE ON THE EDGE OF THE LOT.
UM, LIGHTING, THAT TYPE OF THING WHERE OUR LIGHTS FLASHING RIGHT THROUGH THE, THROUGH THE, UH, THE LOT INTO OUR BACKYARDS, INTO OUR BACK WINDOWS AND PARKING LOT LIGHTING WOULD BE A CONCERN FOR US IF SOME CONSIDERATION COULD BE TAKEN IN THAT REGARD.
FOR EXAMPLE, RIGHT NOW, UM, THERE'S, THERE'S TWO BIG SPOTLIGHTS THAT ARE ON THE BUILDING THAT LIGHT THE PARKING LOT MM-HMM
AND I'VE BEEN THERE 21 YEARS WHEN THE CHURCH WAS THERE AND SO FORTH, AND IT WAS PROBABLY VERY RARE TO SEE THOSE LIGHTS, BUT RIGHT NOW THEY'RE, THEY'RE VERY BRIGHT LIGHTS THAT ARE ON RIGHT NOW FOR WHATEVER, SOMEONE'S IN THERE, MAYBE WORKING OR WHATEVER.
BUT MR. CHAIRMAN, IF I COULD SAY TOO, IF THIS USE VARIANCE IS GRANTED, YOU'LL HAVE, THEY'LL HAVE TO GO TO THE PLANNING BOARD FOR SITE PLAN APPROVAL, AND THAT IS WHERE THOSE KINDS OF ISSUES WILL BE SURE.
TALKED ABOUT WITH, WITH THE PLANNING BOARD.
I, I DIDN'T UNDERSTAND HOW'S PROCESS WORK.
I JUST WANNA BRING UP THOSE, JUST THOSE TYPE OF CONCERNS.
BUT I THINK IT'S GREAT THAT THAT SIDE WILL BE USED FOR SOMETHING, YOU KNOW, THAT'S ON THE LOW KEY SIDE FROM OUR STANDPOINT AND CIVIL FORTH.
BUT NOW, WHAT, WHAT ARE THE, UM, COUNSELOR, WHAT ARE THE, UH, HOURS OF OPERATION? I, I'D HAVE TO GET BACK TO, TO, TO YOUR BOARD.
I MEAN, I, I, I WOULD ASSUME BASED ON MY COMMUNICATION WITH MY CLIENT, THAT STANDARD BUSINESS HOURS WHEN HE'S THERE, BUT I, I COULDN'T TELL YOU ONE WAY OR THE OTHER.
IF, IF THERE'S ANY, UM, LATE OR EARLY HOURS, I DON'T HAVE THE ANSWER TO THAT OFF HAND.
I CAN GET BACK AND, UH, PROVIDE A, A CORRESPONDENCE TO THE BOARD WITH THE ANSWER TO THAT QUESTION.
[00:40:01]
YOU WANNA ADD? THAT'S ALL I WANTED TO BRING UP.UM, EITHER OF YOU'D LIKE TO SPEAK AS WELL, OR? HI, MY NAME IS LINDA DANZA.
I LIVE AT 44 86 VALLEY VIEW, UM, IMMEDIATELY BEHIND THE PROPERTY AS WELL.
AND I JUST WANNA MIRROR, UM, MANY OF THE THINGS THAT RALPH SAID, AND, UM, IT DOES CONCERN ME.
WE'RE UNSURE OF THE WORK HOURS.
UM, YOU KNOW, MY PROPERTY IS IMMEDIATELY BEHIND THE PARKING LOT AND, UM, I'VE BEEN IN THAT HOUSE THREE YEARS, LOVE THE NEIGHBORHOOD, AND I JUST WANNA ENSURE THAT IT CONTINUES TO BE THE PEACEFUL, WONDERFUL NEIGHBORHOOD THAT IT IS.
UM, I GUESS ONE ADDITIONAL QUESTION THAT I DO HAVE, IF BY CHANCE THE SALE DOES NOT GO THROUGH, IF A ZONING CHANGE IS, UM, APPROVED, UM, ARE THERE ASSURANCES THAT THERE WOULDN'T BE ADDITIONAL ZONING CHANGES REQUESTED AND GRANTED? WELL, THERE'S, IT'S NOT, UH, TECHNICALLY IT'S NOT A CHANGE IN ZONING.
IT'S A, IT'S A VARIANCE TO THE ZONING THEY HAVE NOW.
BUT, UM, IT WOULD BE RESTRICTIVE TO, UM, YOU KNOW, WE CAN RESTRICT THE, THE, THE USE SO THAT, UH, LET'S SAY, UH, IT'S NOT GONNA BE, UH, CHANGED TO, UM, YOU KNOW, AN ALL-INCLUSIVE ZONING CODE.
IT WOULD BE, UM, WE WOULD SAY OFFICE, UH, OFFICE WORK WOULD BE ALLOWED THERE.
SO WE CAN'T SAY THAT, UH, APEX, UM, EXCLUSIVELY HAS TO BE THE ONE THAT'S PERFORMING THE WORK THERE.
BUT THAT, THAT TYPE OF WORK OFFICE, YOU KNOW, OFFICE WORK WOULD HAVE TO BE, UM, THE CONSIDERATION.
THEY DON'T, THEY'RE NOT GONNA HAVE CARTE BLANCHE.
UM, ANY OTHER, UH, ANY OTHER QUESTIONS FROM THE, THE BOARD ON THIS ITEM? HE'S MUTED.
MR. ADRIAN? UH, AGAIN, YOU KNOW, IF THE BOARD DECIDES TO CRAFT VARIANCE FROM THE USE VARIANCE FOR THE CHANGE OF USE, THIS MIGHT BE THE OPPORTUNE TIME TO, UH, IMPOSE CONDITIONS SUCH AS, UH, REQUIREMENTS READING SIX FOOT FENCE, YOU KNOW, ON PRIVACY FENCE AROUND THE PROPERTY TO SEPARATE THE COMMERCIAL PROPERTY FROM THE COMMERCIAL, USE PROPERTY FROM THE RESIDENTIAL USE, AND ACTUALLY IMPOSE A CONDITION THAT THERE SHALL BE NO LIGHTS SPILL FROM THE, ONTO THE ADJOINING, UH, NEIGHBOR'S PROPERTY.
UH, IT, IT MIGHT QUELL SOMETHING DOWN THE LINE, YOU KNOW, IN THE FUTURE.
AND, AND THAT GIVES, IT GIVES THE PLANNING BOARD, UH, DIRECTION.
THE PLANNING BOARD IS GONNA DO THAT ANYWAY.
THE PLANNING WILL, THE LIGHTING IS, THAT'S A, THAT'S A CONDITION OF EVERYTH SINGLE THING THAT THEY APPROVE.
DID YOU, DID YOU HEAR THAT MR. ADRIAN? OR I DID.
IT JUST, IT JUST GIVES HIM A LITTLE DIRECTION.
SO DECIDE, WELL, YOU'RE ALWAYS, ALWAYS FREE TO MAKE THAT CONSIDER, UH, HAVE THAT BE CONSIDERED IN THE, UH, YOU KNOW, ON THE QUESTION OR SO.
UH, ANY, ANYTHING ELSE ON, UH, THIS APPLICATION? OKAY, THAT, WELL, THAT, UH, CONCLUDES OUR FIRST PORTION OF OUR MEETING.
UM, DOES ANYONE NEED A, A COUPLE MINUTES TO STRETCH THE LIGHT? NO.
YOU NEED A FEW MINUTES? THREE.
YOU, WE'LL, WE'LL MAKE A DECISION TONIGHT IN THANK YOU.
SO IF YOU WANT TO CONTACT SARAH, SHE CAN LET YOU KNOW WHAT THE DECISION WAS.
CAN I TALK WHEN DO THIS OLD AND WE DONE TWO BREATHS, LITERAL FOUR POINTS AND
[00:45:01]
MACHINE.I'M GONNA TELL THEM THEY SHOULD, SHOULD PRINTERS BECAUSE IT'S OPEN.
OH, EVERYONE'S LEGS ARE STRETCHED.
WE CAN, UH, START THE BUSINESS PART OF OUR MEETING.
UH, EVERYONE, UH, READY THERE? YEP.
UH, SO FIRST, UH, APPLICATION, GONNA STAY ON THE TABLE, UH, AGAIN, UM, SARAH DID, DID THEY CONTACT YOU OR ANY, BOTH OF THEM DIRECTLY ABOUT LAST MONTH? IT'S, UM, IT, IT'S GONNA AGE OFF, UM, AT THE END OF THE YEAR.
WE GOTTA WE GOTTA SPIN THAT OFF.
IT'S A, IT'S A, IT'S A NEW YEAR.
YOU GONNA HATE TO SEE 'EM AT THE, OKAY.
UM, YOU KNOW, OUR, OUR AGENDA GETS FLUSHED AT THE END OF THE YEAR, SO, RIGHT.
SO, UH, THAT'S WHAT'S GONNA HAPPEN WITH NUMBER ONE.
UH, NUMBER TWO, APPLICATION 58 38.
THIS IS, UM, JEFFREY AND KRISTEN FERRO AND, UH, GOWANA STATE ROAD LOOKING AT A, UH, MINIMUM SIDE S SIDE YARD SETBACK OF 30 FEET.
UH, SO THEY'RE ALREADY PRETTY CLOSE TO THE PROPERTY LINE.
WE HAVE A MOTION TO APPROVE COMMISSIONER DIPPEL SECOND FROM COMMISSIONER KOVICH.
UH, THE QUESTION, QUESTION WHETHER THE BENEFIT CAN BE ACHIEVED BY OTHER, UH, FEASIBLE MEANS IT BARELY, IT CANNOT.
WHETHER, UH, THERE'LL BE A CHANGE IN THE NEIGHBORHOOD OR NEARBY PROPERTY, THERE CERTAINLY WOULD NOT BE.
WHETHER IT IS SUBSTANTIAL, THAT COULD POSSIBLY BE ARGUED, UH, WHETHER THE REQUEST WILL HAVE ADVERSE PHYSICAL OR ENVIRONMENTAL ETHICS.
WHETHER THE, UH, HIS DIFFICULTY IS SELF CREATED ALSO COULD BE ARGUED.
BUT CERTAINLY THE BALANCE TEST IS IN FAVOR OF THE VARIANCE.
ANYONE ELSE IN QUESTION? ALL IS IN FAVOR.
NEXT ITEM 58 39 GULLS GARDEN CENTER.
SECOND, UH, COMMISSIONER
SECOND ON THE QUESTION ON THE QUESTION, WHETHER AN UNDESIRABLE CHANGE WILL BE PRODUCED IN THE CHARACTER OF THE NEIGHBORHOOD? NO.
WHETHER THE BENEFITS SOUGHT BY THE APPLICANT CAN BE ACHIEVED BY SOME
[00:50:01]
OTHER MEANS THAN THE VARIANCE.NO, IT CANNOT BE WHETHER THE REQUEST OF THE VARIANCE IS SUBSTANTIAL, UH, THAT COULD BE THE CASE.
BUT HE HAS NINE ACRES OF PROPERTY, WHETHER THE PROPOSED VARIANCE WILL HAVE AN ADVERSE EFFECT OR IMPACT ON THE PHYSICAL ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD.
WHETHER THE ALLEGED DIFFICULTY WAS SELF-CREATED, THAT COULD GO EITHER WAY, BUT I BELIEVE THE BALANCING TEST IS IN FAVOR OF GRANTING THE USE VARIANCE OR AREA VARIANCE.
ANYONE ELSE IN THE QUESTION? ALL THOSE IN FAVOR? AYE.
COMMISSIONER YODER AND A SECOND.
UH, ANYONE HAVE ANY SAY ON A QUESTION? UM, ANYONE? I, I WILL, I WILL SAY THIS.
UH, I THINK IT'S IMPORTANT THAT WE UNDERSTAND AND START TO, UH, REALLY LISTEN TO THE, UH, ADVICE OF OUR, UM, OF OUR ENVIRONMENTAL CONSERVATION BOARD AND, UH, PAY HEED TO DECISIONS THAT WERE MADE BY THE DEC, ALSO BY THE TOWN.
UM, AND, UH, THE DESIGNATION OF THIS AREA IS A, IS A CRITICAL ENVIRONMENTAL AREA.
IT, UM, IT'S OBVIOUSLY A VERY IMPORTANT ISSUE.
IT'S IN OUR ONLY, UM, IT'S OUR ONLY ONE IN TOWN.
UM, 18 MILE CREEK IS ALSO A, A, A TOWN JEWEL.
IT, UH, UH, IT'S, UH, AMAZING HOW MANY PEOPLE ENJOY THE, UH, THE WATER, THEY'RE FISHING, BOATING, ET CETERA.
SO, UM, IT'S IMPORTANT THAT WE, WE PAY HEED AND, UH, HELP PRESERVE THAT AT THAT, UH, WHEN OUR, WHEN OUR ABILITY, UH, MAKES IT, UH, MAKES IT SO, SO, ALL THOSE IN FAVOR OF THE MOTION TO DENY? AYE.
OPPOSED? A DENIED NEXT APPLICATION.
58 41 BRIAN FRIEDMAN, THREE AREA VARIANCES.
UH, THERE'S A, A LIST OF THEM ON THE ITEM.
THERE'S, UH, NORTH CREEK ROAD MOTION TO APPROVE OF A MOTION TO APPROVE.
COMMISSIONER KEVIN, SECOND COMMISSIONER DIMPLE ON THE QUESTION ON THE QUESTION, WHETHER AN UNDESIRABLE CHANGE WILL BE PRODUCED IN THE CHARACTER OF THE NEIGHBORHOOD OR A DETRIMENT TO NEARBY PROPERTIES WILL BE CREATED BY THE GRANT OF THE VARIANCE? IT WILL NOT BE WHETHER THE BENEFITS SOUGHT BY THE APPLICANT CAN BE ACHIEVED BY SOME OTHER FEASIBLE METHOD OTHER THAN THE VARIANCE THAT COULD HAPPEN.
UM, WHETHER THE REQUESTED VARIANCE IS SUBSTANTIAL, NO, IT IS NOT.
WHETHER THE PROPOSED VARIANCE WILL HAVE AN ADVERSE EFFECT OR IMPACT ON PHYSICAL OR ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD.
WHETHER IT BE ALLEGED SELF, UH, THE ALLEGED DIFFICULTY WITH SELF-CREATED, THAT COULD GO EITHER WAY, BUT I STILL BELIEVE THE BALANCING TEST IS IN FAVOR OF GRANTING THE AREA VARIANCE.
ANYONE ELSE IN THE QUESTION? UH, UH, I, I'M GONNA, UM, HAVE MYSELF RECORDED THE NEGATIVE ON THIS ONE.
UM, AND BASICALLY IT'S BECAUSE OF THE, UH, THIS SHEAR SIZE AS FAR AS SUBSTANTIAL GOES.
WE GOT A 3,576 SQUARE FOOT ACCESSORY STRUCTURE HERE, UM, THAT, UH, WELL STRUCTURES, THERE'S ANOTHER, UH, ANOTHER ON THE PROPERTY, UM, WITH A OVER 2000 SQUARE FOOT VARIANCE.
UH, I, I, I, IN GOOD CONSCIENCE, JUST DON'T, UH, UH, I, I CAN'T, UH, SEE PUTTING MY, UH, MY VOTE FOR APPROVING.
SO, UH, ALL THOSE IN FAVOR? AYE.
OPPOSED? PLACE ME IN THE NEGATIVE, PLEASE.
THIS ONE IS, UH, THIS IS THE AREA OF VARIANCE FOR THE, UH, ADDITION.
THERE HAS BEEN A, UH, SUGGESTION BY COMMISSIONER ADRIAN THAT, UM, CONDITION THAT THE TRAILER BE, UH, REMOVED WITHIN 30 DAYS OF THE ISSUANCE OF THE, UH, CO.
UM, DOES THAT SOUND RIGHT, MR. ADRIAN? YES, SIR.
SO THAT SUGGESTION HAS BEEN MADE, UH, FOR THOSE OF YOU THAT ARE CONSIDERING, UH, MAKING A MOTION TO APPROVE THAT IS ANY MOTION DISCUSSION, I'LL MAKE A MOTION TO APPROVE WITH CONDITIONS STATED.
UH, COMMISSIONER YODER IS MAKING A MOTION TO APPROVE WITH THE CONDITION OF THE TRAILER BE REMOVED, UH, WITHIN 30 DAYS OF THE ISSUANCE OF THE, UH, CERTIFICATE OF OCCUPANCY.
IS THERE A SECOND? SECOND, SECOND.
[00:55:01]
THE QUESTION, COMMISSIONER, FOR WHETHER AN UNDESIRABLE CHANGE WILL BE PRODUCED IN THE CHARACTER OF THE NEIGHBORHOOD OR DETRIMENT TO NEARBY PROPERTIES, IT WILL NOT.WHETHER THE BENEFITS SET BY THE APPLICANT CAN BE ACHIEVED BY SOME FEASIBLE METHOD OTHER THAN A VARIANCE, IT WILL NOT.
WHETHER THE QUESTION VARIANCE IS SUBSTANTIAL, I DON'T BELIEVE SO.
WHETHER THE PROPOSED VARIANCE WILL HAVE AN ADVERSE EFFECT OR IMPACT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD, IT WILL NOT.
WHETHER THE ALLEGED DIFFICULTY IS SELF CREATED, THAT COULD BE ARGUED EITHER WAY, BUT THE BALANCING TEST FAVORS APPROVAL OF THE VARIANCE.
ANYONE ELSE IN THE QUESTION? ALL THOSE IN FAVOR? AYE.
THIS IS FOR THE, UH, THE SIGN, UM, USE VARIANCE AND AREA VARIANCE, UH, FOR REFACING.
THE, UH, THE POLE, THE POLE SIGN, THE, UH, LIST OF, UM, VARIANCES.
UH, ALSO, UH, AS A, AN ADDENDUM.
THOSE OF YOU NEED ANY, UH, REMINDING, LET ME KNOW.
I CAN, UH, I CAN GO AHEAD AND STATE THOSE FOR YOU.
ANYONE GOT THE, UH, USE VARIANCE, UH, WHICH I DON'T THINK YOU NEED ANY, UH, REAL REMINDING AS TO WHY THAT IS.
IT'S A SIGN, IT'S, UH, POLE SIGN, UH, MONUMENTS THAT THE, UH, THE NORM NOW OR WHAT THEY HOPE TO BE THE NORM.
UH, WHERE ARE, OKAY, SO AREA VARIANCE, UH, UH, DETAILED SIGN SQUARE FOOTAGE.
UM, IT'S GOT AN EXTRA 22 AND A HALF SQUARE FEET.
ANYONE MAKE THE MOTION TO APPROVE? HAVE, UH, COMMISSIONER T FOR THE MOTION TO APPROVE? SECOND, SECOND.
COMMISSIONER FEL ON THE QUESTION ON THE QUESTION, THE APPLICANT CANNOT REALIZE A REASONABLE RETURN PROVIDED THAT LACK OF RETURN IS SUBSTANTIAL AS DEMONSTRATED BY COMPETENT FINANCIAL EVIDENCE, AS MR. ATIA HAD INDICATED, THE APPLICANT HAS, UH, EXHAUSTED QUITE A BIT OF FUNDS TO PURCHASE THE PROPERTY AND DO UPKEEP AND ALSO IMPROVEMENTS ON THE PROPERTY.
THE ALLEGED HARDSHIP RELATING TO THE PROPERTY IS UNIQUE AND DOES NOT APPLY TO A SUBSTANTIAL PORTION OF THE DISTRICT OR THE NEIGHBORHOOD.
MOST OF THE SIGNS ON CAMP ROAD ARE FULL SIGNS, UM, DUE TO VISIBILITY ISSUES THAT THE REQUESTED USE VARIANCE OF GRANTED WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD.
IT WILL NOT, AND THAT THE ALLEGED SELF HARDSHIP HAS NOT BEEN, UH, SELF-CREATED.
UH, I DO NOT BELIEVE SO EITHER.
UH, SO I BELIEVE THAT THE, UM, BALANCING TEST FAVORS GRANTING THE USE VARIANCE.
ANYONE ELSE? A QUESTION? ALL THOSE IN FAVOR? AYE.
JOHN LUTHERAN CHURCH TO REQUESTING A USE OF VARIANCE.
THIS WOULD BE TO, UH, ALLOW FOR, UH, COMMERCIAL OFFICE SPACE AT 62 20 MCKINLEY PARKWAY.
THERE HAS BEEN A RECOMMENDATION, UH, BY MR. ADRIAN TO, UH, PROVIDE, UH, THE CONDITION OF, UH, SCREENING, WHETHER IT BE A FENCE OUR PROVIDES.
UM, YOU KNOW, I DON'T KNOW THAT WE WANT TO GET INTO SPECIFICS, BUT, UH, I MAKE THE SUGGESTION THAT, UH, THAT, UH, THE PLANNING BOARD ADDRESS THAT IN SOME WAY, SHAPE, OR FORM.
WHAT'S YOUR PLEASURE? DOES, DOES THE BOARD FEEL THAT WE NEED TO HAVE, UH, THAT ATTORNEY GET BACK TO US REGARDING THE HOURS OF OPERATION BEFORE WE VOTE? OR DON'T YOU TAKE THAT SIGNIFICANT? WE'VE ALWAYS BEEN TOLD THAT WE CAN'T LEGISLATE HOURS OF OPERATION, CAN'T EVEN LEGISLATE, RIGHT? WE, UM, WELL, WE CAN'T LEGISLATE, BUT WELL, WE COULD PLACE REASONABLE CONDITIONS, BUT, UM, AND WE, WE'VE DONE SO IF YOU REMEMBER THE ARMOR INN, UM, YEAH, BUT THAT WAS MUSIC THAT WASN'T WHEN THEY WERE OPEN OR CLOSED, RIGHT? UM, YEAH, BUT, UH, YOU REALLY CAN'T TELL 'EM WHEN THEY'LL BE THERE.
NOW, AS FAR AS THE LIGHTS GO, UM, YOU KNOW, A BIT OF A DIFFERENT STORY.
BUT AGAIN, HERE'S THE, THE ISSUE THAT WE HAVE IS, UH, ENFORCEMENT.
IT ALWAYS COMES DOWN TO ENFORCEMENT.
[01:00:01]
YOU SAY, TAKE THE LIGHTS DOWN, WHO SAYS THAT THEY DON'T PUT NEW ONES UP? WHO SAYS THAT THEY, UH, YOU KNOW, DON'T FIND A NEW WAY TO LIGHT THE, UH, THE AREA AND THE PLANNING BOARD? WILL THEY HAVE TO APPROVE THIS? SO LIGHTING WILL BE, SO THEY ALWAYS LOOK AT, RIGHT? I WOULD SAY THAT WE, WE CAN APPROVE WITH THE RECOMMENDATION, UM, THAT, UH, THOSE BE GIVEN A, A, YOU KNOW, A LOOK, JUST, UH, YOU KNOW, SO THAT IF ANYONE HAS RESERVATIONS THAT, UH, THAT'LL BE INCLUDED IN, IN OUR MINUTES.AND, UH, BE SENT UP TO THE PLANNING BOARD IN THAT, IN THAT WAY.
SO, DOES ANYONE WANNA MAKE A, UH, A MOTION? I MAKE A MOTION TO APPROVE COMMISSIONER HAN.
IS THERE A SECOND? SECOND, SECOND.
SECOND FROM COMMISSIONER ADRIAN ON THE QUESTION.
UH, THE APPLICANT, UH, CANNOT REALIZE A REASONABLE RATE OF RETURN, UH, AS IT'S BEEN ON THE MARKET FOR EIGHT MONTHS AND THE PRICES DROPPED CONSIDERABLY.
UM, THE ALLEGED HARDSHIP RELATING TO THE PROPERTY IS UNIQUE, UH, AND IT DOES NOT APPLY TO A SUBSTANTIAL PORTION OF THE DISTRICT OR NEIGHBORHOOD.
THE REQUESTED USE VARIANCE, UH, WILL NOT ALTER THE ESSENTIAL CHARACTER, AND THE HARDSHIP HAS NOT BEEN SELF-CREATED, SO IT FAVORS THE APPLICANT.
UM, THERE, THERE'S ALSO, UH, I, I KNOW EVERYONE READ IT, BUT FOR THOSE OF THAT ARE PAYING ATTENTION, UH, ELSEWHERE, UM, WHEN IT COMES TO NONPROFITS, THERE'S, UH, A LOT OF DIFFICULTY IN LIQUIDATING PROPERTY.
UM, THE LONGER THIS TAKES, UH, THE, THE MORE DIFFICULT IT'S GONNA BE.
OBVIOUSLY THERE'S NOT FUNDS TO TAKE CARE OF THE BUILDING.
THERE'S WATER DAMAGE, MOLD DAMAGE.
AND, UH, QUITE FRANKLY, I THINK IF IT'S NOT ACTED UPON AND, UH, WITH SOME HASTE, UH, WE MAY END UP WITH A, UH, YOU KNOW, BUILDING NEEDS TO BE KNOCKED DOWN AND DESTROYED RATHER THAN, UH, BE COMMERCIAL OFFICE SPACE.
SO I THINK IT'S PRUDENT, UH, THAT WE TAKE THAT INTO CONSIDERATION AS FAR AS FINANCIAL, UH, EVIDENCE AS WELL.
SO, ANYONE ELSE IN THE QUESTION? ALL THOSE IN FAVOR? AYE.
UH, NEXT MEETING IS GOING TO BE JANUARY 5TH, 2021.
WE WILL, UH, REORGANIZE AT THAT POINT IN TIME.
UH, I WOULD HOPE THAT, UH, WE'LL HAVE, UM, DIRECTION FROM THE, UH, TOWN BOARD AS TO WHO THE CHAIRMAN WILL BE.
UM, IT'S ALWAYS FUN WHEN WE'RE WAITING FOR THAT, ESPECIALLY WHEN YOU'RE THE CHAIRMAN.
BUT, UH, TO WHERE JANUARY 5TH.
DID UH, I'M SORRY, I DIDN'T SEE MINUTES.
DID WE, UH, HAVE MINUTES FROM THE PREVIOUS MEETING? YEAH.
BUT, UH, ALL SO APPROVE THE MINUTES FROM THE PREVIOUS MEETING.
HONOR, WE HAVE A MOTION FOR COMMISSIONER FVI APPROVE.
COMMISSIONER YODER ON THE QUESTION? WE'RE GOOD.
I HAVE A MOTION TO AD ADJOURN.
THANK YOU VERY MUCH FOR A WONDERFUL YEAR, EVERYONE.
MERRY AWESOME WINTER SOLSTICE.