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Aye, adjourned.

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Aye, adjourned.

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This is the reformer of the law, twenty-seven feet from the rear property line, twenty-seven feet from the slide property line.

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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.

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This application will require a twenty-three foot side yard and a twenty-three foot to the rear yard very.

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Okay. What we normally do is that the applicant makes a presentation and we solicit comments

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from the audience and then we close the public area and we discuss it and sometimes we go

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Yeah, I speak with my best down, yeah, yeah, the way it's hard to hear.

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Yes, very.

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There's a town where many neighborhoods where the board is all beyond Plexiglass, and they,

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the mics are for the fans of home on TV.

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And so they don't amplify the sound.

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So some of the people speak softly, and then I can't hear her words.

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So thank you.

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We can hear you sir, go ahead.

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Okay, my name is Pete Anohalis and the law firm Ohalis,

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laid law and signed in 55 Smith Avenue,

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Mount Kisco, New York.

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I represented Van Young on this application,

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known for a long time through other endeavors

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that she and I have been engaged in.

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I hope you all had a chance to read my letter

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to the board of August 20th, 2021,

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in which I very clearly and fully set forth

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the criteria for the area of audiences,

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is the reason why we're here and how we match up favorably with both the balancing test

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which gets the ball rolling and then the vital criteria.

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I'm not going to bore you by going through every one chapter in verse, I have to sort

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of hit the highlights, mainly answer any other questions that the board or the public may have.

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But my client is the result of no good deed going on, Honest.

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She decided earlier this year that she wished to add a 200 square foot.

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

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said for a tsunami of procedural events which bring us here. The planning

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board, because we're adding square footage in pervious surface during their

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review of the project when she was in front of them, you're going to add in

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pervious surface and you need to remove in pervious surface. So that involved the

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removal of some asphalt which you may have seen on your site visit and then

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the elimination of one of the two sheds that have been on the property forever and ever.

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

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there for many years without incident with the two sheds that are there in existence.

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So the planning board, we were on the August 26th agenda and the planning board recommended

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that we come and see, we are able to obtain these variances before we came back to them

43
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for consideration of the final site plan approval for the 200 square foot addition.

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So the balancing test, as you all know, is balancing the benefit to the applicant against

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any possible detriment to the health safety and welfare of the neighborhood or the community.

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clearly the balance and cut to your ways, very heavily in favor of our client

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

48
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So the pretty big benefit to her, obviously the decrement of her is significant,

49
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which you can't get me married because, and we'll get to those, those different sheds in just a minute.

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So then the five criteria, the first, we spoke about the balancing test already.

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And the first criteria being,

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like,

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the granny of the variance won't cause a undesirable change.

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And it's offered a word undesirable change in the neighborhood or a character or a detriment that nearby properties.

55
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Actually, what you're doing is because of the relocation.

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Eliminating the shed from this position near the road, relocating that shed to the rear

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of the property, that shed will be eliminated.

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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,

59
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near the road, has a ramp to it, you were there, and inside that shed is a lawnmower.

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

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

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There's no other feasible way, that leads right into point number two of the criteria.

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There's no other feasible way to obtain the benefit.

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It's either eliminate the shed, which had she not applied for this addition, although

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it says would be there and the status quo would remain.

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Here's because of the need for the variances.

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We're actually going to improve the quality of the property, less than the impact on the setbacks.

68
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And the plain language of the statute, I refer to the Baker case.

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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.

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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.

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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.

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So, that's the second criteria.

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The third, the variances are not substantial.

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And the point I make there is that substantiality,

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it's not arithmetic, or arithmetic.

76
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It's substantial in its impacts.

77
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And the eight-a-lot case against the kind of bedroom

78
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which I disagree with the familiarity is this sort of the leading case

79
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in that area.

80
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The properties, physical and geometric layout,

81
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And you can see from the survey in front of you,

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it's a triangular piece of property.

83
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Anytime you have a triangular piece of property,

84
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being adhering to the strict setbacks

85
00:07:31,340 --> 00:07:34,240
are pretty hard because you have, by definition,

86
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a narrow part of the property to begin with.

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It's not uniform in its perimeter cell.

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So that's in that regard.

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We don't feel that these variances are substantial.

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By virtue of the fact that we're

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lessening the impact on the side yards and on the rear yard.

92
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The fourth criteria is adverse effect on the physical or environmental conditions of

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the property.

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The proposed Sheds have been there 30 years.

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I'm there 30 years.

96
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30 years.

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And without incident, as my letter says, and the granting of this variant, these experiences

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won't in any way create an adverse effect on the physical or environmental conditions

99
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of the neighborhood. Is the last criteria is the self-graded hardship, which used to

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be a bar to adoning variances when I started a hundred years ago. I said to my client

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that this room brings me great pleasure. The first case I was allowed to try alone. I tried

102
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in this room 46 years ago. I do well. I win more than I would. I can tell you about the

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The law says, if you want, I apologize about the win, but Judge Eichelberg looks at Judge

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

105
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a local family who had rented their home while they moved to a Brazil while a husband was

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working for multinational corporations. Every time I pull in here, I think of that event.

107
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So the self that created difficulty, it is a self-created difficulty because we bought

108
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the property with these variants of requirements in place, didn't know it at the time, and was

109
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it raised by anybody at the time. So with that alone, it's not never a bar to the grant

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

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my letter says and longer prose, but will it answer any of all questions that you or any members

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of the public may have about the suffocation.

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One thing I just want to ask because it was unclear from what you said.

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So this shed is going to go away.

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There's not going to be a shed in the road.

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And then it's just going to replace.

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This shed is going to be moved to where this shed is.

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Not where that shed is.

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It's going to be moved further in.

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A little bit further in.

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That's what that was.

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So we're going to take a look. Yes. Yes.

123
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And I, uh, approach and take a look. Not really.

124
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Do you have a rehearsal? For the record, what is your name? I'm Conrad Ferris. I have a 1.2

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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?

126
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You can carry it in that part of this plan.

127
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Well, it's not part of what's before us tonight.

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We're just dealing with the show.

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Because I mean, I'm all in favor of that.

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Shed and moved into the tactic.

131
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Yeah.

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The propane tactic, I don't know what the programming process is,

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but that is one heck of an ice work.

134
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Yeah.

135
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So we'd love to see that.

136
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Oh, we're working through the site.

137
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Same with the planning board.

138
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And the plan is the various.

139
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That's part of the remodeling effort.

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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.

141
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Thank you very much.

142
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Thank you very much.

143
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Have a good evening.

144
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Anywhere else?

145
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Oh.

146
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Only other possible defenders.

147
00:11:27,510 --> 00:11:29,810
The only other question is that you said variance.

148
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Yes.

149
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So there's something that says you're looking to the side here.

150
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Got it.

151
00:11:37,910 --> 00:11:39,950
If anyone else has any questions?

152
00:11:41,110 --> 00:11:41,370
There's none.

153
00:11:42,970 --> 00:11:45,370
There's no move to close the public here.

154
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I make a motion to move the cluster to check there.

155
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I check there.

156
00:11:49,570 --> 00:11:49,890
All right.

157
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Opposed?

158
00:11:51,150 --> 00:11:51,550
Okay.

159
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You can't talk here.

160
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How can people make that?

161
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Awesome.

162
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Sometimes a limit suddenly and at the time I make speed.

163
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Okay.

164
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I have.

165
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Is it?

166
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I don't know, of course.

167
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I think the only conceivably it could be moved to make the condition less than 27 feet

168
00:12:19,730 --> 00:12:20,970
it could be moved in a little bit.

169
00:12:21,630 --> 00:12:27,030
I see no advantage to doing that, certainly not to those, to the homeowner.

170
00:12:27,930 --> 00:12:31,470
I thought it was pretty well shielded from the day, or something like that.

171
00:12:32,350 --> 00:12:34,350
I have no issue with the board.

172
00:12:35,030 --> 00:12:36,670
I have no issue with what I'm doing.

173
00:12:36,670 --> 00:12:43,750
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

174
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So self-creative hardship, because they're all self-creative

175
00:12:50,170 --> 00:12:52,650
So to me that is a

176
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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

177
00:13:07,330 --> 00:13:13,510
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.

178
00:13:16,110 --> 00:13:19,850
So, do we want to put any conditions on it?

179
00:13:19,970 --> 00:13:26,090
Is there intention to have any electricity or lighting or a full bathroom and a spa?

180
00:13:26,750 --> 00:13:33,010
Well, my 200s per feet is getting to too bad. That's a total for two rooms.

181
00:13:33,010 --> 00:13:34,850
We can't talk about that.

182
00:13:35,090 --> 00:13:36,650
You were asked you mentioned that.

183
00:13:38,430 --> 00:13:40,370
There's no bathroom to get there.

184
00:13:40,850 --> 00:13:43,410
There's no, it's have to be an old fashioned outdoor bathroom.

185
00:13:43,590 --> 00:13:45,750
Sometimes we'll ask you that if you go lighting,

186
00:13:45,990 --> 00:13:47,490
the insurance alternate properties,

187
00:13:48,230 --> 00:13:49,550
and that to the...

188
00:13:49,550 --> 00:13:50,090
Okay, yeah.

189
00:13:51,290 --> 00:13:53,510
The ship will find where it was on the bottom.

190
00:13:54,350 --> 00:13:54,450
Right.

191
00:13:54,770 --> 00:13:58,590
I'll pull it on any colors or architectural things.

192
00:13:58,750 --> 00:14:00,150
No, the natural wood in it.

193
00:14:01,810 --> 00:14:08,670
I think with the provision, Nicole, that there will be no waiting that I know there will be

194
00:14:08,670 --> 00:14:11,690
any properties from any lighting on the ship.

195
00:14:12,450 --> 00:14:12,510
Right.

196
00:14:15,730 --> 00:14:21,250
So I move that we approve the application as it stands without a form of division.

197
00:14:21,930 --> 00:14:22,690
That's right.

198
00:14:22,930 --> 00:14:23,210
That's right.

199
00:14:23,850 --> 00:14:24,390
That's right.

200
00:14:26,810 --> 00:14:31,370
Thank you so much, thank you so much.

201
00:14:31,690 --> 00:14:37,650
The other Henry moment I had was I couldn't remember the year, but I was involved in the

202
00:14:37,650 --> 00:14:45,530
well-trained Zenco service, and they moved it from here to the elementary school.

203
00:14:45,930 --> 00:14:51,270
My ex-wife, who was on the football road, she had never gone to a meeting, and I said, well

204
00:14:51,270 --> 00:14:55,930
You know, get a sitter and then one of my interesting sets of school and we play at home.

205
00:14:56,330 --> 00:14:59,770
So we go there and move things that I pull into the driveway.

206
00:15:00,000 --> 00:15:10,540
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?

207
00:15:14,340 --> 00:15:14,900
Mr.

208
00:15:18,960 --> 00:15:27,020
Harry, he was involved in that way back when, too. Thank you very much. Thank you for coming to this town.

209
00:15:49,680 --> 00:15:52,640
Do you want any of these?

210
00:15:57,100 --> 00:16:00,940
Protocol is for mending an application, whether you have to re-noted it.

211
00:16:01,420 --> 00:16:01,900
Is that the puppy?

212
00:16:04,140 --> 00:16:05,060
Oh, yeah.

213
00:16:05,760 --> 00:16:09,460
What it has to do, I need to see the notice that sent out.

214
00:16:09,600 --> 00:16:09,720
Yeah.

215
00:16:11,720 --> 00:16:14,520
They need to reapply, they need to change their application,

216
00:16:14,870 --> 00:16:18,600
because they're changing the variance to change what they're asking for.

217
00:16:20,600 --> 00:16:24,720
No, I saw that, but that's what they sent out, and they need to re-noted it.

218
00:16:24,720 --> 00:16:27,260
Yeah, it doesn't say anything about the cropping.

219
00:16:27,540 --> 00:16:28,660
And I think so.

220
00:16:28,740 --> 00:16:29,660
So they still have time to do that.

221
00:16:29,660 --> 00:16:29,980
Yeah, they do.

222
00:16:30,220 --> 00:16:32,020
I think they're going to have to do that, apparently.

223
00:16:32,180 --> 00:16:33,840
And they keep it in their arms.

224
00:16:34,260 --> 00:16:34,380
Yeah.

225
00:16:35,700 --> 00:16:36,820
So I'm going to do that.

226
00:16:36,860 --> 00:16:37,240
I think I'm going to do that.

227
00:16:37,240 --> 00:16:41,720
Even though that happens, we went to one near the rock woman

228
00:16:41,720 --> 00:16:42,320
country club.

229
00:16:42,760 --> 00:16:42,920
Yes.

230
00:16:43,180 --> 00:16:43,300
Yeah.

231
00:16:43,920 --> 00:16:45,480
So they were clearly in violation, right?

232
00:16:45,560 --> 00:16:45,720
Right.

233
00:16:45,880 --> 00:16:49,700
And I know they had other issues, so we can hear it.

234
00:16:49,700 --> 00:16:53,380
But that generator remains in violation.

235
00:16:53,380 --> 00:17:00,560
But the difference, I mean, it can't develop into that, but there was an existing violation.

236
00:17:01,060 --> 00:17:01,300
Yeah.

237
00:17:01,480 --> 00:17:04,780
It was a summons that was issued.

238
00:17:05,080 --> 00:17:06,340
I got it.

239
00:17:06,480 --> 00:17:06,900
I got it.

240
00:17:07,160 --> 00:17:09,820
Not necessarily as a non-conforming jet that was there.

241
00:17:10,080 --> 00:17:10,920
No, no, no, no, no.

242
00:17:10,920 --> 00:17:15,500
So the reason I'm going it up is like the longer, if they do nothing, then they get to keep their generator there.

243
00:17:15,600 --> 00:17:16,600
And that doesn't seem right.

244
00:17:16,600 --> 00:17:17,940
No, that doesn't seem right.

245
00:17:18,320 --> 00:17:21,100
Well, I think it's slightly different.

246
00:17:21,100 --> 00:17:21,860
I understand what you're saying.

247
00:17:22,220 --> 00:17:22,940
There's a different case.

248
00:17:23,600 --> 00:17:27,640
Jim's only, by the way, is that the people across from the company club intend to move

249
00:17:27,640 --> 00:17:33,880
it back to two feet or whatever it is that they understand that they would be good for

250
00:17:33,880 --> 00:17:34,180
a tour.

251
00:17:34,520 --> 00:17:36,460
Yeah, because it seems so silly.

252
00:17:36,620 --> 00:17:37,900
I mean, that front yard was so big.

253
00:17:38,220 --> 00:17:40,260
You know, we come across it all the time.

254
00:17:40,460 --> 00:17:41,120
It's the generators.

255
00:17:41,340 --> 00:17:41,900
They're the contractors.

256
00:17:42,220 --> 00:17:42,860
They don't seem to.

257
00:17:43,240 --> 00:17:43,420
Right.

258
00:17:43,900 --> 00:17:44,120
Yeah.

259
00:17:44,280 --> 00:17:44,920
Don't worry about it.

260
00:17:45,160 --> 00:17:47,700
So are we still on live feeders?

261
00:17:47,780 --> 00:17:48,540
I mean, we can tell you.

262
00:17:48,760 --> 00:17:48,960
Oh.

263
00:17:48,960 --> 00:17:50,600
Oh, 300 close to meeting him.

264
00:17:50,980 --> 00:17:51,700
Oh, okay.

265
00:17:51,920 --> 00:17:53,200
That's close to me.

266
00:17:53,320 --> 00:17:54,160
In minutes?

267
00:17:54,260 --> 00:17:55,040
Are we getting it?

268
00:17:55,340 --> 00:17:56,100
I second that one.

269
00:17:56,100 --> 00:17:57,800
We just proved the two more important words.

270
00:17:57,980 --> 00:17:58,880
But minutes can we do that?

271
00:17:59,340 --> 00:17:59,460
Oh.

272
00:17:59,820 --> 00:18:00,040
Oh.

273
00:18:00,340 --> 00:18:02,020
I haven't even seen them.

274
00:18:02,440 --> 00:18:03,860
I know you said that, but I haven't even seen them.

275
00:18:03,860 --> 00:18:04,360
I read them.

276
00:18:04,440 --> 00:18:05,360
They said in a couple of times.

277
00:18:05,580 --> 00:18:06,680
I didn't have no time.

278
00:18:06,960 --> 00:18:08,160
I don't know if I need it.

279
00:18:08,340 --> 00:18:08,840
I read them.

280
00:18:09,220 --> 00:18:09,540
I don't know.

281
00:18:11,040 --> 00:18:12,420
I think we can hold them over.

282
00:18:12,500 --> 00:18:13,120
It's up to you.

283
00:18:13,740 --> 00:18:14,380
No, I...

284
00:18:14,380 --> 00:18:16,340
I never thought he's read them in separate tone.

285
00:18:16,580 --> 00:18:16,940
We can.

286
00:18:16,940 --> 00:18:18,080
We haven't been able to vote on that.

287
00:18:18,680 --> 00:18:19,240
All the same.

288
00:18:19,600 --> 00:18:19,700
Okay.

289
00:18:20,520 --> 00:18:21,360
The vote goes on.

290
00:18:21,560 --> 00:18:22,960
I have made to approve.

291
00:18:23,380 --> 00:18:24,820
Is it July and August?

292
00:18:25,060 --> 00:18:25,520
Is that correct?

293
00:18:25,840 --> 00:18:27,260
Well, you didn't have one in August.

294
00:18:27,320 --> 00:18:27,900
We didn't have all.

295
00:18:28,080 --> 00:18:29,180
It must be June and July.

296
00:18:29,280 --> 00:18:29,440
Yes.

297
00:18:29,820 --> 00:18:30,380
June and July.

298
00:18:30,500 --> 00:18:30,860
Okay.

299
00:18:31,240 --> 00:18:32,580
The last two months.

300
00:18:32,940 --> 00:18:33,020
Yeah.

301
00:18:33,800 --> 00:18:34,720
I second the motion.

302
00:18:35,640 --> 00:18:36,340
On the paper.

303
00:18:36,780 --> 00:18:36,960
Okay.

304
00:18:37,980 --> 00:18:38,420
Okay.

305
00:18:38,420 --> 00:18:38,820
I will stay.

306
00:18:39,120 --> 00:18:39,660
Thank you.

307
00:18:39,960 --> 00:18:40,300
That's a move.

308
00:18:40,760 --> 00:18:41,080
Okay.

309
00:18:41,660 --> 00:18:42,620
And we'll close the meeting.

310
00:18:43,480 --> 00:18:43,800
Yes.

311
00:18:44,840 --> 00:18:45,280
Okay.

312
00:18:45,840 --> 00:18:47,340
So, for the musicals of music?

313
00:18:47,840 --> 00:18:49,200
Yes, for the musicals of music.

314
00:18:49,300 --> 00:18:50,040
For the musicals of music.

315
00:18:50,040 --> 00:18:50,320
Okay.