[0:19] Aye, adjourned.

[0:24] Aye, adjourned.

[0:24] This is the reformer of the law, twenty-seven feet from the rear property line, twenty-seven feet from the slide property line.

[0:31] It's just a group of the following ground sections, one, one, three, dash, the seven of the code found about, found the rigid requires a fifty foot step back to the rear, rear and slide property line.

[0:43] This application will require a twenty-three foot side yard and a twenty-three foot to the rear yard very.

[0:50] Okay. What we normally do is that the applicant makes a presentation and we solicit comments

[0:59] from the audience and then we close the public area and we discuss it and sometimes we go

[1:10] Yeah, I speak with my best down, yeah, yeah, the way it's hard to hear.

[1:15] Yes, very.

[1:16] There's a town where many neighborhoods where the board is all beyond Plexiglass, and they,

[1:22] the mics are for the fans of home on TV.

[1:26] And so they don't amplify the sound.

[1:28] So some of the people speak softly, and then I can't hear her words.

[1:32] So thank you.

[1:33] We can hear you sir, go ahead.

[1:35] Okay, my name is Pete Anohalis and the law firm Ohalis,

[1:38] laid law and signed in 55 Smith Avenue,

[1:41] Mount Kisco, New York.

[1:42] I represented Van Young on this application,

[1:45] known for a long time through other endeavors

[1:47] that she and I have been engaged in.

[1:49] I hope you all had a chance to read my letter

[1:51] to the board of August 20th, 2021,

[1:55] in which I very clearly and fully set forth

[1:59] the criteria for the area of audiences,

[2:01] is the reason why we're here and how we match up favorably with both the balancing test

[2:07] which gets the ball rolling and then the vital criteria.

[2:10] I'm not going to bore you by going through every one chapter in verse, I have to sort

[2:15] of hit the highlights, mainly answer any other questions that the board or the public may have.

[2:20] But my client is the result of no good deed going on, Honest.

[2:26] She decided earlier this year that she wished to add a 200 square foot.

[2:30] think of it smaller in this room, a 200 square foot addition to her home. That's

[2:37] said for a tsunami of procedural events which bring us here. The planning

[2:42] board, because we're adding square footage in pervious surface during their

[2:47] review of the project when she was in front of them, you're going to add in

[2:52] pervious surface and you need to remove in pervious surface. So that involved the

[2:56] removal of some asphalt which you may have seen on your site visit and then

[3:00] the elimination of one of the two sheds that have been on the property forever and ever.

[3:07] And the property, the 2.04 plus or minus 8th parcel and a 2-8th zone, Ms. Mayan has lived

[3:15] there for many years without incident with the two sheds that are there in existence.

[3:21] So the planning board, we were on the August 26th agenda and the planning board recommended

[3:27] that we come and see, we are able to obtain these variances before we came back to them

[3:33] for consideration of the final site plan approval for the 200 square foot addition.

[3:41] So the balancing test, as you all know, is balancing the benefit to the applicant against

[3:46] any possible detriment to the health safety and welfare of the neighborhood or the community.

[3:52] clearly the balance and cut to your ways, very heavily in favor of our client

[3:56] because without the invariances, which are minimal, really, as you won't be able to build the addition to our home.

[4:05] So the pretty big benefit to her, obviously the decrement of her is significant,

[4:10] which you can't get me married because, and we'll get to those, those different sheds in just a minute.

[4:17] So then the five criteria, the first, we spoke about the balancing test already.

[4:25] And the first criteria being,

[4:31] like,

[4:34] the granny of the variance won't cause a undesirable change.

[4:39] And it's offered a word undesirable change in the neighborhood or a character or a detriment that nearby properties.

[4:45] Actually, what you're doing is because of the relocation.

[4:48] Eliminating the shed from this position near the road, relocating that shed to the rear

[4:56] of the property, that shed will be eliminated.

[5:00] And then the shed that's near the road will be 27 feet from either the rear or side boundary line. So we're decreasing the non-conformity that exists there and not increasing it. And so the only other way she could have the shed be where 50 feet would measure from the respective yard lines, it would be in the middle of the lawn. And that shed, one,

[5:29] near the road, has a ramp to it, you were there, and inside that shed is a lawnmower.

[5:35] And unlike most people in the town of Poundridge, there's many owners and some both are lawnmower.

[5:41] And so the lawnmower, sitting housed there, is sort of imperative for their maintenance of what is a very beautiful property.

[5:50] There's no other feasible way, that leads right into point number two of the criteria.

[5:54] There's no other feasible way to obtain the benefit.

[5:56] It's either eliminate the shed, which had she not applied for this addition, although

[6:04] it says would be there and the status quo would remain.

[6:07] Here's because of the need for the variances.

[6:10] We're actually going to improve the quality of the property, less than the impact on the setbacks.

[6:19] And the plain language of the statute, I refer to the Baker case.

[6:23] The board should consider the project for which the applicant is seeking approval by way of its application rather than a subjective concept of benefit.

[6:34] Last night, in a different town side, in front yard setback, one of the board members asked me about the layout of the bedrooms in the house.

[6:45] Just a minute now, we're talking about the mention of irregularities here, not the floor plan of the house and how many kids might live there.

[6:52] So, that's the second criteria.

[6:55] The third, the variances are not substantial.

[6:58] And the point I make there is that substantiality,

[7:02] it's not arithmetic, or arithmetic.

[7:06] It's substantial in its impacts.

[7:09] And the eight-a-lot case against the kind of bedroom

[7:11] which I disagree with the familiarity is this sort of the leading case

[7:15] in that area.

[7:17] The properties, physical and geometric layout,

[7:19] And you can see from the survey in front of you,

[7:22] it's a triangular piece of property.

[7:25] Anytime you have a triangular piece of property,

[7:28] being adhering to the strict setbacks

[7:31] are pretty hard because you have, by definition,

[7:34] a narrow part of the property to begin with.

[7:37] It's not uniform in its perimeter cell.

[7:41] So that's in that regard.

[7:43] We don't feel that these variances are substantial.

[7:46] By virtue of the fact that we're

[7:47] lessening the impact on the side yards and on the rear yard.

[7:52] The fourth criteria is adverse effect on the physical or environmental conditions of

[7:58] the property.

[7:59] The proposed Sheds have been there 30 years.

[8:03] I'm there 30 years.

[8:04] 30 years.

[8:05] And without incident, as my letter says, and the granting of this variant, these experiences

[8:11] won't in any way create an adverse effect on the physical or environmental conditions

[8:17] of the neighborhood. Is the last criteria is the self-graded hardship, which used to

[8:23] be a bar to adoning variances when I started a hundred years ago. I said to my client

[8:30] that this room brings me great pleasure. The first case I was allowed to try alone. I tried

[8:35] in this room 46 years ago. I do well. I win more than I would. I can tell you about the

[8:43] The law says, if you want, I apologize about the win, but Judge Eichelberg looks at Judge

[8:48] Robert Eichelberg. Some of you may remember him. I believe he's passed on, but it was for

[8:54] a local family who had rented their home while they moved to a Brazil while a husband was

[8:59] working for multinational corporations. Every time I pull in here, I think of that event.

[9:05] So the self that created difficulty, it is a self-created difficulty because we bought

[9:11] the property with these variants of requirements in place, didn't know it at the time, and was

[9:19] it raised by anybody at the time. So with that alone, it's not never a bar to the grant

[9:24] of a variant, so that being said, it's pretty much all I have to say in highlighting what

[9:31] my letter says and longer prose, but will it answer any of all questions that you or any members

[9:38] of the public may have about the suffocation.

[9:41] One thing I just want to ask because it was unclear from what you said.

[9:44] So this shed is going to go away.

[9:47] There's not going to be a shed in the road.

[9:50] And then it's just going to replace.

[9:52] This shed is going to be moved to where this shed is.

[9:54] Not where that shed is.

[9:55] It's going to be moved further in.

[9:57] A little bit further in.

[9:59] That's what that was.

[10:00] So we're going to take a look. Yes. Yes.

[10:04] And I, uh, approach and take a look. Not really.

[10:12] Do you have a rehearsal? For the record, what is your name? I'm Conrad Ferris. I have a 1.2

[10:25] We're talking about the head shed that's up here, this shed is going to be too long, and what about the shed that's already going around, this is going to be going right away, and this one is going back here, so 2, 2, 1, and this one will be back here, and what do we do with the property tank?

[10:49] You can carry it in that part of this plan.

[10:53] Well, it's not part of what's before us tonight.

[10:55] We're just dealing with the show.

[10:57] Because I mean, I'm all in favor of that.

[10:59] Shed and moved into the tactic.

[11:01] Yeah.

[11:01] The propane tactic, I don't know what the programming process is,

[11:04] but that is one heck of an ice work.

[11:06] Yeah.

[11:07] So we'd love to see that.

[11:08] Oh, we're working through the site.

[11:09] Same with the planning board.

[11:10] And the plan is the various.

[11:11] That's part of the remodeling effort.

[11:12] As a neighbor, I'm in favor of the club and if you're in favor of that thing, it would be great to have a great time.

[11:18] Thank you very much.

[11:19] Have a good evening.

[11:22] Anywhere else?

[11:24] Oh.

[11:25] Only other possible defenders.

[11:27] The only other question is that you said variance.

[11:30] Yes.

[11:30] So there's something that says you're looking to the side here.

[11:33] Got it.

[11:37] If anyone else has any questions?

[11:41] There's none.

[11:42] There's no move to close the public here.

[11:45] I make a motion to move the cluster to check there.

[11:48] I check there.

[11:49] All right.

[11:50] Opposed?

[11:51] Okay.

[11:53] You can't talk here.

[11:56] How can people make that?

[11:58] Awesome.

[11:59] Sometimes a limit suddenly and at the time I make speed.

[12:04] Okay.

[12:05] I have.

[12:06] Is it?

[12:07] I don't know, of course.

[12:09] I think the only conceivably it could be moved to make the condition less than 27 feet

[12:19] it could be moved in a little bit.

[12:21] I see no advantage to doing that, certainly not to those, to the homeowner.

[12:27] I thought it was pretty well shielded from the day, or something like that.

[12:32] I have no issue with the board.

[12:35] I have no issue with what I'm doing.

[12:36] I think I have no issue because they're approving what is there and it was refreshing to have somebody not argue that there was no

[12:45] So self-creative hardship, because they're all self-creative

[12:50] So to me that is a

[12:53] Seder and the chef here because you know, obviously it's so created, but it makes perfect sense and it's gonna be a less of an impact

[13:07] Well, I'm not sure that that's not always our criteria, but it's something I would look at as it's less worse.

[13:16] So, do we want to put any conditions on it?

[13:19] Is there intention to have any electricity or lighting or a full bathroom and a spa?

[13:26] Well, my 200s per feet is getting to too bad. That's a total for two rooms.

[13:33] We can't talk about that.

[13:35] You were asked you mentioned that.

[13:38] There's no bathroom to get there.

[13:40] There's no, it's have to be an old fashioned outdoor bathroom.

[13:43] Sometimes we'll ask you that if you go lighting,

[13:45] the insurance alternate properties,

[13:48] and that to the...

[13:49] Okay, yeah.

[13:51] The ship will find where it was on the bottom.

[13:54] Right.

[13:54] I'll pull it on any colors or architectural things.

[13:58] No, the natural wood in it.

[14:01] I think with the provision, Nicole, that there will be no waiting that I know there will be

[14:08] any properties from any lighting on the ship.

[14:12] Right.

[14:15] So I move that we approve the application as it stands without a form of division.

[14:21] That's right.

[14:22] That's right.

[14:23] That's right.

[14:26] Thank you so much, thank you so much.

[14:31] The other Henry moment I had was I couldn't remember the year, but I was involved in the

[14:37] well-trained Zenco service, and they moved it from here to the elementary school.

[14:45] My ex-wife, who was on the football road, she had never gone to a meeting, and I said, well

[14:51] You know, get a sitter and then one of my interesting sets of school and we play at home.

[14:56] So we go there and move things that I pull into the driveway.

[15:00] And the elementary school, and there's a TV band from Channel 5, and one from Channel 5. Oh, big. You didn't see the band outside here?

[15:14] Mr.

[15:18] Harry, he was involved in that way back when, too. Thank you very much. Thank you for coming to this town.

[15:49] Do you want any of these?

[15:57] Protocol is for mending an application, whether you have to re-noted it.

[16:01] Is that the puppy?

[16:04] Oh, yeah.

[16:05] What it has to do, I need to see the notice that sent out.

[16:09] Yeah.

[16:11] They need to reapply, they need to change their application,

[16:14] because they're changing the variance to change what they're asking for.

[16:20] No, I saw that, but that's what they sent out, and they need to re-noted it.

[16:24] Yeah, it doesn't say anything about the cropping.

[16:27] And I think so.

[16:28] So they still have time to do that.

[16:29] Yeah, they do.

[16:30] I think they're going to have to do that, apparently.

[16:32] And they keep it in their arms.

[16:34] Yeah.

[16:35] So I'm going to do that.

[16:36] I think I'm going to do that.

[16:37] Even though that happens, we went to one near the rock woman

[16:41] country club.

[16:42] Yes.

[16:43] Yeah.

[16:43] So they were clearly in violation, right?

[16:45] Right.

[16:45] And I know they had other issues, so we can hear it.

[16:49] But that generator remains in violation.

[16:53] But the difference, I mean, it can't develop into that, but there was an existing violation.

[17:01] Yeah.

[17:01] It was a summons that was issued.

[17:05] I got it.

[17:06] I got it.

[17:07] Not necessarily as a non-conforming jet that was there.

[17:10] No, no, no, no, no.

[17:10] So the reason I'm going it up is like the longer, if they do nothing, then they get to keep their generator there.

[17:15] And that doesn't seem right.

[17:16] No, that doesn't seem right.

[17:18] Well, I think it's slightly different.

[17:21] I understand what you're saying.

[17:22] There's a different case.

[17:23] Jim's only, by the way, is that the people across from the company club intend to move

[17:27] it back to two feet or whatever it is that they understand that they would be good for

[17:33] a tour.

[17:34] Yeah, because it seems so silly.

[17:36] I mean, that front yard was so big.

[17:38] You know, we come across it all the time.

[17:40] It's the generators.

[17:41] They're the contractors.

[17:42] They don't seem to.

[17:43] Right.

[17:43] Yeah.

[17:44] Don't worry about it.

[17:45] So are we still on live feeders?

[17:47] I mean, we can tell you.

[17:48] Oh.

[17:48] Oh, 300 close to meeting him.

[17:50] Oh, okay.

[17:51] That's close to me.

[17:53] In minutes?

[17:54] Are we getting it?

[17:55] I second that one.

[17:56] We just proved the two more important words.

[17:57] But minutes can we do that?

[17:59] Oh.

[18:00] I haven't even seen them.

[18:02] I know you said that, but I haven't even seen them.

[18:03] I read them.

[18:04] They said in a couple of times.

[18:05] I didn't have no time.

[18:06] I don't know if I need it.

[18:08] I read them.

[18:09] I don't know.

[18:11] I think we can hold them over.

[18:12] It's up to you.

[18:13] No, I...

[18:14] I never thought he's read them in separate tone.

[18:16] We can.

[18:16] We haven't been able to vote on that.

[18:18] All the same.

[18:19] Okay.

[18:20] The vote goes on.

[18:21] I have made to approve.

[18:23] Is it July and August?

[18:25] Is that correct?

[18:25] Well, you didn't have one in August.

[18:27] We didn't have all.

[18:28] It must be June and July.

[18:29] Yes.

[18:29] June and July.

[18:30] Okay.

[18:31] The last two months.

[18:32] Yeah.

[18:33] I second the motion.

[18:35] On the paper.

[18:36] Okay.

[18:37] Okay.

[18:38] I will stay.

[18:39] Thank you.

[18:39] That's a move.

[18:40] Okay.

[18:41] And we'll close the meeting.

[18:43] Yes.

[18:44] Okay.

[18:45] So, for the musicals of music?

[18:47] Yes, for the musicals of music.

[18:49] For the musicals of music.

[18:50] Okay.

Zoning Board Meeting - Sep 22nd, 2021

Transcript