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We welcome ladies and gentlemen to the meeting of the planning board of the village of Rybrook. Let us all now stand for the Pledge of Allegiance.

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Welcome and

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thank you for coming. My name is Robert Goodman. I'm the chairman of the Rybrook Planning Board. Also, in attendance tonight is board members, Dominic Acurso,

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John Gersanne, Sal Morelino, Jeffrey Richmond, Amy Shone, and Dan Tartagria.

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Also in attendance tonight is our Village Attorney Jennifer Gray, our Village

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Engineer Michael Noak, our Village Consultant from a Frederick P. Clarke, Maryland,

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Muhammad, and a Planning Board Secretary Sherry Malio. Also in attendance is

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our liaison from the Board of Trustees, David Heiser.

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Please silence your cell phones for the duration of the meeting.

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I also a reminder, all applicants and consultants,

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please address the planning board from the podium,

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adjust the microphones, sometimes it's work,

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sometimes it doesn't, so you may have to jigger it a little bit.

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But we need you to use it,

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because we have a streaming video, so we catch everything on video, and we want to hear you.

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I also want to remind you that our Village website contains our board's rule with procedures,

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agendas, and documents relating to this and past meetings.

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I also want to remind professionals to review our board rules as it may be helpful in your

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are making a presentation before a board

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and ministering your applications.

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First item and our agenda is the minutes

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of November 10th, 2016, and December 8th, 2016.

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Are there any comments or revisions

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that need to be made to these minutes?

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Yes, I'd just like to note the November 10th minutes

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At least the Board of Trustees is us, the last time I looked, it still was there.

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Okay.

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All right, thank you.

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Any further comments?

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Okay.

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In that case, can I have a motion in a second to adopt the November minutes and the December minutes?

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Moved.

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Second.

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Mr. Carstle?

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Yes.

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Mr. Carzane?

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Yes.

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Mr. Marlena?

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Yes.

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Mr. Richman?

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Yes.

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Yes.

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Michelle.

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Yes.

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Mr. Tartaglia.

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Yes.

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Chairman Goodman.

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Yes.

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Thank you.

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Our first matter tonight is a 770 King Street.

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Robbie, you may just want to mention that 259 North Ridge is adjourned.

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Okay.

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Is that?

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Okay.

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All right.

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That's our second item.

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Yes.

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And as I recall, we have a public meeting scheduled on this matter.

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So now I have a motion in the second to open up the public hearing.

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Moved.

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Second.

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Mr. Kerrstone.

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Yes.

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Mr. Kuzan.

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Yes.

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Marlena.

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Yes.

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Mr. Richman.

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Yes.

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Michelle.

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Yes.

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Mr. Tartaglia.

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Yes.

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Chairman Goodman.

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Yes.

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I know you were before the ZBA and you got your variances approved.

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That's correct.

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Just for the self-edification, why don't you just briefly go to your application and

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And then we'll proceed from there.

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Absolutely, Mr. Chairman, members of the board.

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My name is Taylor Palmer, I'm with the law firm of Cuddy and Fader.

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This evening, I'm joined by Jim Miller, architect.

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And I will ask Jim to please review the Cypeland Avocation.

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As the chairman mentioned, we were previously before this board on December 8th,

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at which time we were referred to the zoning board of appeals.

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The zoning board of appeals granted our variance relief for front and rear yard setbacks for the premises.

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This involves minor alterations and additions to the existing residents and the existing garage.

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And Mr. Miller will review the minor proposals that are for this application.

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Yes?

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Yes.

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Yes.

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It's Millertown.

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Thank you.

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It's Millertown.

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Good evening.

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There are a number of different smaller projects and encapsulated within this overall.

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The existing garage is a little bit too small and, I'm sorry, first of all, the existing garage

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It's a little bit too small, it's a little bit deficient in terms of its width.

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And so we've actually added some space on one side and enlarged the length in the front.

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Between the existing garage and the existing house, there was an 11 foot deck of space, open space with the deck.

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That's being closed in and built upon to expand the kitchen a new entry mudroom on the first floor.

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also on the first floor we're putting on a small deck. On the first floor we're

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expanding to the rear of an existing sun porch onto an open patio area to make

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it was originally a sun porch actually. It became a family room and then we're

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doubling the size of it by incorporating the patio that exists outside of it so

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the whole square here will become one family room which is going to be

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reasonable size as opposed to half reasonable size.

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And on the second floor, we're keeping the existing garage and the height as one floor,

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one story, and of course the document here just shows the enlarged space, but we're not

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building on the second floor of the garage.

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The second floor hatched in shows where the master bedroom, master bathroom project will be

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created and that goes out over the kitchen as well. Additionally on the second floor we're

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adding a small space on top of the roof of the new family room and that's going to

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be a back-to-back bathroom for each of the two bedrooms that are in this location. There's

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some interior work but it's not of much consequence. So as far as the site is concerned we're

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actually only doing a small portion of the driveway as necessary to accommodate the

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wider garage. Pretty much everything else that exists will be staring as is.

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Is there anything else?

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I believe that's it. The board certainly has any questions. We're certainly pleased to provide.

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Just for the record, Mr. Chairman, there was a county referral provided to Wyshester County

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and it was for notification purposes only and it was dated 1129-16 and we also provided

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a proof of service package for this hearing on January 9th.

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Maryland, do you have any comments? Any updates to your or you have a memo of November 28th, I think?

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Yes, and yeah, there were really no planning issues that were identified in that memo.

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Hi, Jen.

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We have a resolution to read.

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First I would recommend closing the public hearing there are no comments from the

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flood.

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All right.

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Let me invite you.

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If there's any member of the public that has any comments on this application, come forward

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now.

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In that case, let's have a motion to second to close the public hearing.

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Moved.

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Second.

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Mr. Kerr some.

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Yes.

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Mr. Grzahn.

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Yes.

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Marlena.

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Yes.

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Mr. Richman.

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Yes.

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Michelle.

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Yes.

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Mr. Tartaglia.

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Yes.

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Chairman Goodman.

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Yes.

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Thank you.

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Resolution approving a site plan application for property located at 770 King Street.

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Whereas the property owner submitted an application for approval of a site plan to construct

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to a two-story infill edition, one-story expansion,

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second floor addition, garage addition, and a new deck and stairs.

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Unproperty located at 770 King Street in the R15 and R25 zoning districts

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as well as scenic road overlay districts.

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Whereas the planning board is the approval authority for the application.

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Whereas the planning board has reviewed a series of plans and application materials

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that are listed in the resolution.

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whereas on December 8th, the planning board pursuant to secret determined the proposed

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action to be type 2 requiring no further environmental review, whereas the planning board reviewed

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memorandum from the village planning consultant, F. P. Clark associate, dated November 28th, whereas

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on December 8th, the planning board referred the application to the zoning board for consideration

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of a front yard setback and rear yard setback variance, and whereas on January 3rd, 2017, the

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zoning board granted the aforementioned variances, whereas the duly advertised public hearing

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was held by the planning board on January 12th, 2017, at which time all those wishing to

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be heard were given an opportunity and the public hearing was closed on January 12th, 2017,

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whereas the village planning consultant, village staff and the planning board have reviewed

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the information and submitted comments regarding the application, and whereas the planning board

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is fully familiar with the application and the property.

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Now, therefore, be it resolved that the village of Riberg planning board hereby

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approves the site plan application referenced here in for 770 King Street and be for the

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result that no permits shall be issued until the applicant has paid to the village

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all applicable fees and professional review fees incurred in connection with the review

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of the application.

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Is there any discussion to be had on this resolution?

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First, a motion in a second and then we'll have, we can have discussion.

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I'm just asking whether there will be discussion, if there is any discussion.

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If there is, then we'll do it.

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Otherwise, we'll just make a motion in a second just to adopt the resolution.

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Does that make sense?

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Yes, just under Robert's rule, typically, we have a motion in a second in the discussion.

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And then we'll call the roll.

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If you want to any discussion?

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I know.

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No?

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Okay, let's just have a motion in a second to adopt the resolution.

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Moved.

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Second.

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Mr. Kerr, so?

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Yes.

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Yes.

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Mr. Grazan.

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Yes.

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Marlena.

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Yes.

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Mr. Richman.

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Yes.

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Michelle.

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Yes.

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Mr. Tarthaglia.

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Yes.

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Chairman Goodman.

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Yes.

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Thank you.

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Thank you very much.

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Thank you.

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Okay.

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Our next item is a 90-southridge street.

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Good

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evening, Mr. Chairman.

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Members of the board, David Steinmetz, from the law firm of Zaronon Steinmetz.

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Very pleased to be here this evening representing RSP Group LLC and Yale New Haven and Greenwich

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hospital health services.

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We're here as the chair indicated with regard to 90 South Ridge and we're excited to be here

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with a new project and some modifications to an office building that I'm sure you are

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all quite familiar with.

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The application is essentially to introduce Yale, New Haven, Greenwich Hospital with expanded

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services to the community in this medical office building, proposing new additional medical

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local office space, a new handy capped accessible entrance with screening and some signage in the front along South Ridge,

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creation of 37 new parking spaces that we're going to talk to you a little bit about this evening, and some new

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signage, replacement of some old signs and introducing some new more modern signs.

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With me this evening, Frank John, Albany's from RSP Group, the landlord and owner of the building, his attorney, Rob Acko, both Rich Pearson and Kevin,

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Matthew Vecchio from JMC, our project engineers and traffic and parking consultants, as well as my colleague, Michael Cunningham.

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So, Gil Newhaven Greenwich Hospital is proposing additional medical office space as I indicated.

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The concept is to have some walk-in medical space, additional pediatrics program introduced

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into the building, as well as a general practitioner aspect, all in addition to a small blood center

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that you may or may not realize actually is in 90 Southridge currently.

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The property, as you may well know, 3.3 acres in the OBS office building and business district,

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obviously at the intersection of Bowman and South Ridge.

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It's an important location, it's an important building, and it is a great property that we think we can do some good things with.

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Yale New Haven obviously brings a very high quality, wonderful brand and some excellent medical services.

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And it was interesting when I was originally retained in connection with the project I was engaged by Yale New Haven to assist with a land use review and engage in some permitting and I immediately learned that JMC and my good friend Rich Pearson had already been engaged by the landlord to begin exploring some modifications to the parking lot and in fact as you probably know an application was filed by the landlord by the owner of the building amongst earlier to begin

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looking at expanding that parking lot.

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So what ended up happening is Yale, New Haven, and the landlord essentially

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decided that we should all, both landlord and tenant as well as JMC and our firm

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team up and handle this together, and that is why we resubmitted materials to you,

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and we're now kind of in this all working in conjunction with one another.

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Obviously it makes sense as well as hopefully most efficient.

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So parking.

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Rich is going to talk to you a little bit more this evening about the specifics of the changes in the parking, but I kind of want to remind the planning board that this building, which I got a little bit of the history when we met with staff.

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As obviously this property has been developed for decades, this building has been there for quite some time, and the building has never had zoning compliant parking associated with it. Literally for decades, the building itself never met the mathematical parking requirements of your village code. So the concept is to improve its functionality, its safety. We'll describe how we're going to do that. But most importantly, the application yields a net benefit of 37 additional parking spaces to this.

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to this property.

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In terms of handicap accessibility,

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ritual walk through precisely where,

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but there is some additional entrance

247
00:15:37,900 --> 00:15:39,880
that Yale New Haven Greenwich would like to have

248
00:15:39,880 --> 00:15:41,440
along the Ridge Street side.

249
00:15:41,780 --> 00:15:45,800
There'll be a modest and an attractive canopy associated with it

250
00:15:45,800 --> 00:15:48,060
with a small sign inside it.

251
00:15:48,380 --> 00:15:51,300
That is part of our exterior modification

252
00:15:51,300 --> 00:15:55,940
as well as some of the changes that are associated with the parking,

253
00:15:56,120 --> 00:15:58,220
including a retaining wall.

254
00:15:58,220 --> 00:16:03,780
We met with your staff, as I assume you know, but you should know, prior to filing our materials,

255
00:16:04,620 --> 00:16:09,740
our team met with your staff on December 21st, we thought it was a good idea to sit with

256
00:16:09,740 --> 00:16:13,360
the building inspector, the village engineer, your planning consultant, your village attorney,

257
00:16:13,700 --> 00:16:21,460
and walk through the components of this modified application. I know, though we had originally filed

258
00:16:21,460 --> 00:16:27,720
some materials on signs, as you can imagine, signage on that building is important for the community,

259
00:16:27,720 --> 00:16:32,780
signage on that building is important for the landlord and signage on that building is important for the tenants.

260
00:16:33,620 --> 00:16:44,960
You may be aware, and maybe you haven't looked at it in some time, the sign along Bowman apparently has been in its current location and configuration for quite some time.

261
00:16:45,120 --> 00:16:51,420
It is not the most attractive or functional sign and definitely is in need of attention.

262
00:16:51,420 --> 00:16:57,060
There's a monument sign, I think that says Rhybrook Plaza out in front on South Ridge,

263
00:16:57,360 --> 00:17:03,720
and our proposal is to relocate the entrance, consolidating two entry points that

264
00:17:03,720 --> 00:17:09,080
Rich will explain graphically on the site plan, change the location of the monument

265
00:17:09,080 --> 00:17:15,300
sign, and although you don't have all of the most recent signage materials, and if your

266
00:17:15,300 --> 00:17:19,380
board doesn't want us to go into it, we fully understand we would like to just show

267
00:17:19,380 --> 00:17:24,640
you the signs that we're now proposing, they've been cleaned up and in fact we got some wonderful

268
00:17:24,640 --> 00:17:30,500
suggestions from staff about how best to do this. So we had originally put in our materials, we got

269
00:17:30,500 --> 00:17:36,920
some great suggestions, went back to the landlord as well as the tenant group and came up with a new

270
00:17:36,920 --> 00:17:43,100
concept for signing the site in an attractive and functional fashion and minimizing its impact.

271
00:17:48,800 --> 00:17:49,360
We're

272
00:17:49,360 --> 00:17:51,980
of that street, sight lines from Rye Ridge Plaza.

273
00:17:52,460 --> 00:17:55,040
We're very well aware of the fact that you have students

274
00:17:55,460 --> 00:17:58,740
and folks from the community walking along the sidewalk

275
00:17:58,740 --> 00:17:59,680
in front of the building.

276
00:18:00,420 --> 00:18:03,020
And we are hoping to introduce some things

277
00:18:03,020 --> 00:18:05,440
that will make all of that cleaner, more attractive,

278
00:18:05,740 --> 00:18:06,500
and more functional.

279
00:18:06,680 --> 00:18:09,680
So I hope you'll allow us to show you a little bit

280
00:18:09,680 --> 00:18:10,320
about the signs.

281
00:18:10,680 --> 00:18:12,160
We have some great boards that I think

282
00:18:12,160 --> 00:18:14,820
will illustrate that clearly.

283
00:18:15,120 --> 00:18:16,820
So what I'm gonna do is I'm gonna turn it over to Rich.

284
00:18:16,820 --> 00:18:23,100
We're going to kind of tag team walking you through the application and we're happy to answer questions.

285
00:18:23,100 --> 00:18:24,940
We brought our client with us.

286
00:18:25,060 --> 00:18:29,880
We will bring more information as we go forward and Rich will explain the additional

287
00:18:29,880 --> 00:18:34,000
information that we fully understand we still need to supplement in terms of traffic,

288
00:18:34,140 --> 00:18:35,900
et cetera, in terms of other data.

289
00:18:42,950 --> 00:18:45,070
Good evening, Richard Pearson with JMC.

290
00:18:45,590 --> 00:18:49,890
I am a professional engineer and a professional traffic operations engineer.

291
00:18:49,890 --> 00:18:53,870
I was trying to think when the last time I was before your board was about I guess a year

292
00:18:53,870 --> 00:19:00,370
and a half ago or so for the Ry Ridge Shopping Center modifications. As you are aware, I'm

293
00:19:00,370 --> 00:19:05,130
sure of where the site is, but just to refresh anybody who may not be sure. We are at the

294
00:19:05,130 --> 00:19:10,430
corner of Bowman Avenue in South Ridge Street. The building is here and the Ry Ridge Shopping

295
00:19:10,430 --> 00:19:17,510
Center is to the left on the screen, which is essentially south of the property. As David

296
00:19:17,510 --> 00:19:24,750
We haven't mentioned before, we do have access on both Bowman Avenue and South Ridge Street.

297
00:19:25,110 --> 00:19:29,310
On South Ridge Street, we actually have two curb cuts in this area.

298
00:19:30,590 --> 00:19:34,650
And when we were first meeting with the new owners of the property,

299
00:19:35,190 --> 00:19:37,430
they owned a property for less than a year now.

300
00:19:37,750 --> 00:19:44,050
They had come to us and said that we're thinking about reoccupying the vacant square footage.

301
00:19:44,050 --> 00:19:48,830
and then is there anything we can do to increase the parking supply just in

302
00:19:48,830 --> 00:19:53,130
case we need it and so as we were looking around for various places that was

303
00:19:53,130 --> 00:19:56,490
one area that I thought we could consolidate the two driveways into one

304
00:19:56,490 --> 00:20:04,330
driveway so I'll put the aerial below and what we've done is in that area as

305
00:20:04,330 --> 00:20:08,390
I mentioned we've consolidated we've essentially kept the northern driveway and

306
00:20:08,390 --> 00:20:13,910
we're widening that slightly to be a two-way driveway currently the northern

307
00:20:13,910 --> 00:20:26,890
The urban driveway is the entrance, and the urban driveway is the exit, but it's be sufficient for this property to combine them for one driveway and we're able to pick up several parking spaces in that area.

308
00:20:27,750 --> 00:20:38,610
Many of the other parking spaces were picking up a few here, a few there where we could to provide a good access and circulation around the property and increase the overall count.

309
00:20:39,370 --> 00:20:48,450
Relative to handicap access to the building, there's currently a ramp in this area into the existing upper level of the building.

310
00:20:48,450 --> 00:20:56,390
I should mention it's a two level building where access to the upper level is provided via the South Ridge Street location and

311
00:20:56,390 --> 00:21:02,570
then access to the lower level is provided primarily via Bowman Avenue in the parking in this area.

312
00:21:03,210 --> 00:21:19,510
There is a proposed entrance for the Yale New Haven Greenwich Hospital use, which is up in that area, and it would be a minor bump out, essentially more than awning than a physical bump out of brick and mortar per se.

313
00:21:19,510 --> 00:21:23,430
Excuse me, in the back, there is no handicap.

314
00:21:23,430 --> 00:21:31,810
There is actually, yes, there's a ramp right in this area to get to White Plains Hospital for their component of it.

315
00:21:31,890 --> 00:21:37,590
And that also provides an internal connection to the other uses and the lower levels for the other doctors' offices.

316
00:21:38,530 --> 00:21:48,810
In the far back, there is a parking structure that as you're driving near the building, you don't necessarily realize

317
00:21:48,810 --> 00:21:57,390
the first that it is a parking structure because this appears to be at grade and consistent with the grades of the of the Jason surface parking.

318
00:21:57,710 --> 00:22:05,870
But there is a ramp that goes down to the parking below in the back so what we've shown in the sort of beige color is the parking structure.

319
00:22:06,650 --> 00:22:13,910
So there is a net gain of 37 spaces as David mentioned and we do have signs that are proposed.

320
00:22:14,930 --> 00:22:21,770
There's an existing monument sign in this location, which we are going to relocate, and I'll have some graphics to show you.

321
00:22:22,130 --> 00:22:32,210
There's also the second existing monument sign over by the Lohman Avenue access, and that's getting a bit dated that existing sign.

322
00:22:33,270 --> 00:22:34,830
And so we're looking to improve that.

323
00:22:34,990 --> 00:22:42,750
We had proposed to have a monument sign on the corner, as well as a building sign up on the second level.

324
00:22:42,750 --> 00:22:49,890
We've since removed those signs from the application based on our meeting with staff at the end of December as David mentioned.

325
00:22:50,970 --> 00:22:55,190
If we do the signs which could keep talk a little bit about when we picked up the 37 spaces.

326
00:22:57,970 --> 00:23:05,510
Sure, so the 37 spaces again are a combination of in this area basically whatever shown in light gray is existing.

327
00:23:05,510 --> 00:23:10,950
parking or access and what's shown in the darker gray are areas where we're doing

328
00:23:10,950 --> 00:23:16,310
widening to expand the parking or improve the access. So in this area we're

329
00:23:16,310 --> 00:23:20,590
providing some parallel parking spaces along the building. On the north side we're

330
00:23:20,590 --> 00:23:26,790
providing three additional spaces along the ramps to the lower level we're

331
00:23:26,790 --> 00:23:31,350
providing some additional spaces and then we're providing a few spaces in this

332
00:23:31,350 --> 00:23:36,210
area and then in this area we're not increasing the number of spaces but we're

333
00:23:36,210 --> 00:23:41,410
increasing the aisle width. It's a little narrow back there and we're trying to

334
00:23:41,410 --> 00:23:44,830
improve that and that's where we would be having a rotating wall along this

335
00:23:44,830 --> 00:23:48,670
area that's about four or five foot high wall. I have a question about the spaces

336
00:23:48,670 --> 00:23:53,870
because I know that it's pretty difficult parking there at certain times during the

337
00:23:53,870 --> 00:23:57,610
day and I know that there are a number of spaces that are already designated for

338
00:23:57,610 --> 00:23:59,650
specific offices, where you can't park.

339
00:24:00,050 --> 00:24:00,530
That's correct.

340
00:24:00,870 --> 00:24:06,650
Is that going to be the case with the 37 spaces or how many of the 37 spaces will be designated spaces?

341
00:24:06,870 --> 00:24:10,610
It won't be assigned specifically to the 37 new spaces.

342
00:24:10,930 --> 00:24:18,090
The intent is White Plains Hospital is the one they've got to believe 25 assigned spaces that are signed for the individual spaces.

343
00:24:18,730 --> 00:24:24,130
And there's a doctor up on this, on the upper floor, who's got a few assigned spaces.

344
00:24:24,130 --> 00:24:27,890
is the white, the Greenwich, Yale, New Haven,

345
00:24:28,210 --> 00:24:30,630
they have 72 parking spaces per their lease

346
00:24:30,630 --> 00:24:31,830
and those would be signed.

347
00:24:32,270 --> 00:24:34,050
Those would be on the upper level here

348
00:24:34,430 --> 00:24:35,630
and then along this ramp,

349
00:24:35,810 --> 00:24:37,550
which employees would park along the ramp.

350
00:24:38,110 --> 00:24:41,210
And so virtually all of these spaces in this area

351
00:24:41,210 --> 00:24:43,290
are open to anybody to use.

352
00:24:43,490 --> 00:24:46,330
And I forgot to mention also the lower level

353
00:24:46,330 --> 00:24:48,910
of the parking structure is being utilized

354
00:24:48,910 --> 00:24:52,550
by one of the owners of the property

355
00:24:52,550 --> 00:24:56,290
who has an office insurance office and they're parking down below.

356
00:24:56,550 --> 00:25:02,470
Part of the, where I see the handicap space on the corner, they're close to Bowman.

357
00:25:03,890 --> 00:25:08,610
That doesn't help if you're handicapped and you can't park any place but in the back.

358
00:25:10,020 --> 00:25:10,630
That's problem.

359
00:25:11,250 --> 00:25:11,550
Okay.

360
00:25:11,830 --> 00:25:17,490
There are additional handicap spaces above and we can work with your board on that to make

361
00:25:17,490 --> 00:25:19,890
sure that there's handicap spaces accessible in other locations.

362
00:25:19,890 --> 00:25:25,790
Yeah, how many additional handicapped spaces are you adding are part of the additional spaces?

363
00:25:27,310 --> 00:25:29,050
I'll have to get back to you on that.

364
00:25:29,950 --> 00:25:32,830
It's not just the spaces, it's access to the building also.

365
00:25:32,910 --> 00:25:37,130
Good, and you can get in from the upper level you can get in and then there's elevators.

366
00:25:37,370 --> 00:25:39,390
I know, but it's the back, I'm talking.

367
00:25:39,530 --> 00:25:49,330
Rich, what is how many square feet after this space expansion is going to be medical office in this building?

368
00:25:51,590 --> 00:25:53,310
that would be $18

369
00:25:56,000 --> 00:25:56,940
,900.

370
00:25:57,400 --> 00:25:59,120
But there's other doctors in there in dentist.

371
00:25:59,260 --> 00:25:59,380
Right.

372
00:26:02,160 --> 00:26:02,520
It's

373
00:26:08,210 --> 00:26:10,590
an added, we can have Kevin added,

374
00:26:10,710 --> 00:26:12,250
if I don't have the answer to that.

375
00:26:12,590 --> 00:26:13,270
If you don't have it.

376
00:26:13,530 --> 00:26:14,330
No, we can get it for you.

377
00:26:14,550 --> 00:26:16,570
Yeah, and now as we're talking, we can add it up to the answer.

378
00:26:16,690 --> 00:26:20,390
About 75% of the low, it's 18,000 square feet

379
00:26:20,390 --> 00:26:23,370
of approximately a new space associated with that.

380
00:26:24,130 --> 00:26:27,190
Yes, it's actually easier to tell you what's not medical.

381
00:26:28,010 --> 00:26:49,190
It's there's 7,100 visiting nurse service and then there's the BNC which just moved in there one of the owners of the property set 16,000 square feet and then after the proposed use that we're here for tonight, there's about 4,800 square feet of additional vacant, which we're showing as office.

382
00:26:49,190 --> 00:26:53,570
Yes, because I think what happened with this building is that it was built as a single

383
00:26:53,570 --> 00:26:57,090
tenant building, and there was plenty of parking as a single tenant building.

384
00:26:57,710 --> 00:27:04,330
Then it became multi-tenant, it started to exacerbate the parking, and then it slowly becoming

385
00:27:04,330 --> 00:27:08,650
all medical, which you know and I know, is exacerbating the parking even more and increasing

386
00:27:08,650 --> 00:27:09,690
the traffic even more.

387
00:27:10,350 --> 00:27:15,810
So if you take the amount of medical square footage in here and you multiply it one space

388
00:27:15,810 --> 00:27:24,990
times every 150 square feet, which is what I think is required here, you know, you're going to be way, way under.

389
00:27:25,230 --> 00:27:26,950
We are way, way under, per your code.

390
00:27:27,290 --> 00:27:43,930
Your code is excessive compared to most codes and on a practical basis, they have leases for almost all of these existing uses that specify how many parking spaces are allocated to those specific uses.

391
00:27:43,930 --> 00:27:50,470
And we have those listed in our submission for the parking analysis.

392
00:27:50,470 --> 00:27:51,510
It's table two.

393
00:27:51,650 --> 00:27:53,150
There's a parking summary of leases.

394
00:27:53,850 --> 00:27:58,750
And based on those, the ratios are much lower than what's required per code.

395
00:27:59,250 --> 00:28:05,350
And we've also, as part of our analysis, we did a field study just prior to the insurance people moving in.

396
00:28:05,770 --> 00:28:10,710
And the amount of occupied spaces was consistent with the leases.

397
00:28:10,710 --> 00:28:14,490
So it's consistent with the leases yet lower than what your code required?

398
00:28:14,590 --> 00:28:16,390
What it is under, it is going to be.

399
00:28:16,390 --> 00:28:17,450
We are aware that we are well under.

400
00:28:17,450 --> 00:28:23,870
Every time more medical gets out of this building, it creates a larger deficit and required

401
00:28:23,870 --> 00:28:24,270
parking.

402
00:28:24,910 --> 00:28:29,890
So, Mr. Tartaglia, I wanted to jump in because we were all concerned about the same issue

403
00:28:29,890 --> 00:28:30,670
that you're identifying.

404
00:28:30,790 --> 00:28:34,950
So you're certainly asking, as you know, an appropriate question, and you're asking

405
00:28:34,950 --> 00:28:38,450
a question that both the landlord as well as Yale-New Haven asked.

406
00:28:38,450 --> 00:28:47,650
Yale-New Haven has no desire to come to the property if it's not going to be functional and if it's patients and folks in the community get there and can't park.

407
00:28:48,070 --> 00:29:03,770
So one of the first things we did as Rich just alluded to and I want to amplify is we drilled down with an empirical analysis of what's going on there on a typical day and we measured the number of parking spaces at different peak hours on different days.

408
00:29:03,770 --> 00:29:11,750
We're aware of the various medical groups in there, and I'm sure some of you know, I know my wife frequents this building at least once a year.

409
00:29:12,690 --> 00:29:17,430
And the fact of the matter is, these various medical groups do know their peaks.

410
00:29:17,730 --> 00:29:23,010
There are certain folks that have certain days that have a larger turnover of patients.

411
00:29:23,470 --> 00:29:29,030
I think Tuesday we learned was probably the most significant day, and we counted on Tuesday.

412
00:29:29,030 --> 00:29:34,150
Tuesday. So we made sure to do that. In addition, we met with your parking and your traffic

413
00:29:34,150 --> 00:29:38,610
consultant, and Mr. Galante, Maryland's colleague made it very clear to us that obviously Saturday

414
00:29:38,610 --> 00:29:44,110
was a critical period of time as well, maybe not so much for the occupancy of the building,

415
00:29:44,290 --> 00:29:48,410
but certainly for the Rye Ridge Center and the critical intersection of Bowman and Rich.

416
00:29:48,830 --> 00:29:55,090
So we're analyzing that as well. The point being we have to make sure that this building works.

417
00:29:55,530 --> 00:29:58,150
One of the reasons we talked about signage restrictions.

418
00:29:58,150 --> 00:29:59,950
David I could tell you right now what does

419
00:30:00,000 --> 00:30:29,280
It doesn't work, is the entrance and exit on the ballman. Well, ever, never, ever works, ever, because it's almost not even quite opposite, but it's almost opposite the entrance and exit to Rye Ridge, which Rich is very aware of. It's a bad, bad. I'd like to see an alternative where you close that awful together and have all of the entrance from Ridge Street perhaps. Well, we certainly could look at alternatives and possibly restrictions and one way restrictions, et cetera.

420
00:30:29,280 --> 00:30:34,760
Let's take one giant step back because I think I knew we'd ultimately have this conversation

421
00:30:34,760 --> 00:30:37,640
and I think this is a fairly significant point.

422
00:30:38,820 --> 00:30:45,420
The only reason we're standing here tonight is because we want to add parking spaces and

423
00:30:45,740 --> 00:30:51,000
we actually have a proposed tenant who wants to improve the outside and add a doorway and

424
00:30:51,000 --> 00:30:52,340
then there's the signage piece.

425
00:30:52,860 --> 00:30:57,620
Let's assume for the sake of the discussion right now that Yale New Haven wasn't here.

426
00:30:57,620 --> 00:31:02,740
90 Southridge was in your community like it is every other day, and the landlord simply

427
00:31:02,740 --> 00:31:07,360
wanted a least space inside the building in accordance with office, professional office

428
00:31:07,360 --> 00:31:07,980
under your code.

429
00:31:08,520 --> 00:31:11,660
There's no reason anybody needs to come to the board.

430
00:31:12,180 --> 00:31:17,920
The tenants come in, the building gets utilized, and the community deals with what it has.

431
00:31:18,420 --> 00:31:20,540
Instead we have a beneficial situation.

432
00:31:21,020 --> 00:31:22,580
We're here processing.

433
00:31:22,980 --> 00:31:25,400
We want to do it correctly with your board and your consultants.

434
00:31:25,400 --> 00:31:35,380
We have a landlord who cares enough to have preemptively hired consultants to try to find more parking spaces in the building and in the parking lot.

435
00:31:35,660 --> 00:31:41,240
And I think you now have a landlord and a tenant mix that will give you as good a situation as you can.

436
00:31:41,840 --> 00:31:47,260
We started this tonight candidly and I think it's important we started it candidly, mathematically it's deficient.

437
00:31:47,920 --> 00:31:52,300
I didn't make it deficient. You guys didn't make it deficient. It's deficient. I know it is deficient.

438
00:31:52,300 --> 00:32:01,220
So much so that I was retained to analyze it that determined can it function before people spend a lot of time money and effort bringing this building to its full fruition so

439
00:32:02,120 --> 00:32:07,680
Mr. Tartagli your point is well taken we are ready to share all of our empirical data

440
00:32:07,680 --> 00:32:11,600
We sat with mr. Galant the preemptively because I know Mike

441
00:32:11,600 --> 00:32:15,380
And I know what Mike's gonna ask me and he's gonna ask rich and we're gonna have to work through that

442
00:32:15,380 --> 00:32:20,380
So if Mike Mike also seems to think that the intersection of rich and ballman functions

443
00:32:21,280 --> 00:32:22,460
I don't think it ever functioned.

444
00:32:22,520 --> 00:32:24,260
Well, you have to take that up with your own consultant.

445
00:32:24,760 --> 00:32:27,660
I'll let my consultant take a look at it and we'll low-pine on it.

446
00:32:28,260 --> 00:32:28,340
But...

447
00:32:28,340 --> 00:32:29,300
Taking another look at it.

448
00:32:29,460 --> 00:32:29,640
Yeah.

449
00:32:30,920 --> 00:32:33,660
But more importantly, let's come back to the jumping off point.

450
00:32:33,780 --> 00:32:36,760
If there's something we can do at the Bowman intersection,

451
00:32:37,340 --> 00:32:38,620
I go to the Ryridge Shopping Center.

452
00:32:38,780 --> 00:32:40,820
I'm familiar with Bowman as well.

453
00:32:41,100 --> 00:32:43,880
If there's something we can do in terms of signage

454
00:32:43,880 --> 00:32:46,660
or something that can be done at that intersection,

455
00:32:47,260 --> 00:32:53,080
You now have the opportunity with this application to deal with it if we pack up and go home you don't have it

456
00:32:53,080 --> 00:32:55,620
So the good news is we're here and hopefully we can work together

457
00:32:55,620 --> 00:33:03,680
Well, one of the things about narrowing the entrance on Ridge what happens in this part of town is cars get gas on the corner

458
00:33:03,680 --> 00:33:09,400
They come out onto Ridge and they want to go south right they can't because the queue is too long

459
00:33:09,400 --> 00:33:14,080
So they make a right then they make a left they use this as a jug handle

460
00:33:14,080 --> 00:33:19,460
they come around out and then they head south on Ridge. So narrowing this is

461
00:33:19,460 --> 00:33:24,840
going to perhaps force those same people coming out of the gas station to just

462
00:33:24,840 --> 00:33:29,240
interrupt the queue and get in. I mean it actually is helpful the way it is now

463
00:33:29,240 --> 00:33:32,760
and if you narrow it I think you're going to make it more difficult there. The other

464
00:33:32,760 --> 00:33:37,840
thing I noticed David is in the survey is there's an easement that runs along the

465
00:33:37,840 --> 00:33:42,360
northern boundary. Did you take a look at that? And now you're proposing that

466
00:33:42,360 --> 00:33:43,520
That has not been analyzed.

467
00:33:43,800 --> 00:33:43,920
Certainly by the way.

468
00:33:43,920 --> 00:33:46,160
There's a 10-foot easement in the survey.

469
00:33:46,740 --> 00:33:48,980
It runs completely along the northern boundary.

470
00:33:51,110 --> 00:33:55,510
And in fact, the survey makes reference to a librarian page.

471
00:33:55,870 --> 00:33:58,950
And I pulled it out and sure enough, there's a 10-foot right-of-way.

472
00:33:59,690 --> 00:34:01,570
And now you're proposing to put parking space

473
00:34:01,570 --> 00:34:03,190
as another improvements in the right-of-way.

474
00:34:03,490 --> 00:34:05,470
Who's the right-of-way in favor of, if you know?

475
00:34:06,190 --> 00:34:09,330
It is in favor of school, right?

476
00:34:09,330 --> 00:34:13,310
A lotty and surprises, ink, its successors and our signs.

477
00:34:13,770 --> 00:34:23,990
Well, we will take a look at that, the good news is the landlord's transactional counsels here in the room, so we will together look at that and see if it's impacted in any way.

478
00:34:24,430 --> 00:34:39,130
Okay. And the last thing I wanted to ask was there any consideration about extending the sidewalk along Ridge Street because the landscaping is in the right away, and there's room in the right away, and it'd be nice to be able to extend that sidewalk a little bit.

479
00:34:39,130 --> 00:34:42,070
So, we heard a little bit about that from staff.

480
00:34:42,530 --> 00:34:47,330
We obviously wanted to hear where your board shook out on that issue, and we will take

481
00:34:47,330 --> 00:34:47,830
a look at that.

482
00:34:47,890 --> 00:34:48,170
Thank you.

483
00:34:48,850 --> 00:34:49,030
Awesome.

484
00:34:49,930 --> 00:34:50,770
Yeah, go ahead.

485
00:34:51,250 --> 00:34:55,950
The school, does the school still operate a path from the school out to Richie?

486
00:34:56,970 --> 00:34:59,470
Currently, there's a right away, there's a path that runs up.

487
00:35:00,130 --> 00:35:00,850
They own that.

488
00:35:01,090 --> 00:35:02,670
Are they using that to school?

489
00:35:02,950 --> 00:35:03,090
Yeah.

490
00:35:03,670 --> 00:35:07,550
So, that would be ideal for that sidewalk to go all the way down to that path.

491
00:35:08,030 --> 00:35:10,090
And I think there's a crosswalk at that path.

492
00:35:10,390 --> 00:35:12,270
I don't know if it's that way anymore.

493
00:35:12,290 --> 00:35:12,990
I don't think so.

494
00:35:13,170 --> 00:35:14,930
There was one there.

495
00:35:15,610 --> 00:35:16,570
Yeah, I don't.

496
00:35:16,570 --> 00:35:17,370
I don't think there is.

497
00:35:19,090 --> 00:35:19,770
Showing my age.

498
00:35:19,890 --> 00:35:22,310
Pauline, let us go out and take a look and see if there is a crosswalk.

499
00:35:22,370 --> 00:35:26,250
Yeah, but in any event, it would be nice to have that path to come all the way up to that path.

500
00:35:27,010 --> 00:35:28,750
Kids can come in both directions and go.

501
00:35:28,870 --> 00:35:29,150
Got it.

502
00:35:29,590 --> 00:35:31,370
Also, there's an aesthetically lookedness.

503
00:35:31,890 --> 00:35:35,650
Also have a question about the use of the property as far as the expansion,

504
00:35:35,650 --> 00:35:37,510
in the medical facilities are concerned?

505
00:35:38,710 --> 00:35:42,030
Is this just adding doctors and patients?

506
00:35:42,030 --> 00:35:43,810
Is this an urgent care facility?

507
00:35:44,470 --> 00:35:50,510
I mean, how are the medical facilities going to be used?

508
00:35:50,910 --> 00:35:54,770
So as I alluded to earlier, it is divided

509
00:35:54,770 --> 00:35:56,750
between a multitude of medical uses.

510
00:35:57,470 --> 00:36:01,010
A pediatric group will come in, general practitioner,

511
00:36:01,010 --> 00:36:08,850
And there will be a component of walk-in, no appointment required medical services.

512
00:36:09,290 --> 00:36:13,350
It's not branded or billed or referred to as urgent care.

513
00:36:13,770 --> 00:36:20,330
Yale, New Haven and Greenwich consider it to be medical office space that somebody can come in and use.

514
00:36:20,410 --> 00:36:21,790
They do this in other locations.

515
00:36:22,170 --> 00:36:28,050
And in fact, Marilyn did ask us for some data on that, which we are assembling and providing so

516
00:36:28,050 --> 00:36:32,350
that we have a better sense of the impact in terms of utilization on the property.

517
00:36:32,550 --> 00:36:40,010
You're talking about anybody walking in off the street or you're talking about whatever they choose to put in the medical offices.

518
00:36:40,230 --> 00:36:48,490
I'm thinking in terms of what kind of medical supplies, what kind of, are there any hazardous materials or hazardous anything?

519
00:36:48,750 --> 00:36:54,690
So I don't, I don't, I'm showing, I don't know if there'd be any more hazardous materials at that medical facility.

520
00:36:54,690 --> 00:36:57,610
in those in that medical space, then there is elsewhere in the building.

521
00:36:58,130 --> 00:37:02,770
I'm just so glad to know the uses of the walk-in, what specifically what.

522
00:37:02,930 --> 00:37:07,090
There are no, it's not a surgical facility, it's not an ambulatory surgical facility,

523
00:37:07,550 --> 00:37:12,790
but if you're, and I'm probably not qualified to really respond on the specifics of the medical,

524
00:37:12,910 --> 00:37:15,050
but if you're asking me, will there be gauze with blood on it?

525
00:37:15,290 --> 00:37:16,630
You know, it's somebody's, yes.

526
00:37:17,070 --> 00:37:23,050
Who is going to be staffing that walk-in, and will it be treating patients?

527
00:37:23,330 --> 00:37:23,490
Yes.

528
00:37:24,510 --> 00:37:31,590
So it's not an open facility, it would be for patients of doctors out the facility would

529
00:37:31,590 --> 00:37:32,550
have walking hours.

530
00:37:32,790 --> 00:37:37,230
I believe there's the ability for somebody to walk in there who may not have a doctor

531
00:37:37,230 --> 00:37:42,010
and that's what I'd like to know because that changes traffic altogether.

532
00:37:42,650 --> 00:37:45,670
Once the word gets out, that changes a lot of things.

533
00:37:46,930 --> 00:37:48,870
And where are you moving the garbage containers?

534
00:37:49,210 --> 00:37:50,610
Right now I know they're in the front yard.

535
00:37:50,610 --> 00:37:58,210
You look like you're putting a parking space there does the owner know where that aren't you showing parking there now, Rich?

536
00:38:03,360 --> 00:38:04,860
Oh, I got you. Okay.

537
00:38:06,360 --> 00:38:11,980
Let's just go back one step. I will we will come back and respond on the staffing because you did ask an important question.

538
00:38:12,400 --> 00:38:17,640
So we'll give you as best we can the number of physicians, the number of nurses and the technical capability.

539
00:38:17,860 --> 00:38:24,920
I can state as far as we know definitively, there is no surgical or ambulatory surgical procedures whatsoever.

540
00:38:24,920 --> 00:38:33,720
So it's more first aid type, yeah, it's, you know, it's what you would walk into a to a doctor a GP when you didn't have an appointment. I need help quickly.

541
00:38:36,200 --> 00:38:41,520
Um, the structure of the park construction of back is raised, correct? That's a raised.

542
00:38:41,860 --> 00:38:48,540
It's essentially sunken. It's, um, as you have surface parking here, you can drive directly on to that.

543
00:38:48,720 --> 00:38:53,000
So there's a ramping that goes down in this area and then cuts underneath.

544
00:38:53,000 --> 00:38:58,240
Where? Because that goes downhill from Ridge Street. Correct. So that goes downhill, so you can actually...

545
00:38:58,240 --> 00:39:00,740
Oh, I see, you can pull... You can get it from me the direction, huh? I...

546
00:39:00,740 --> 00:39:01,980
The upper level, you can get...

547
00:39:01,980 --> 00:39:06,220
Right there. And what's underneath that? Because that's a steel support structure, right?

548
00:39:06,480 --> 00:39:10,540
Yeah, that's a parking that's essentially nearest what you see on the upper level.

549
00:39:11,200 --> 00:39:12,500
Oh, there's parking below.

550
00:39:12,760 --> 00:39:14,620
Correct. This is where you drive down.

551
00:39:14,680 --> 00:39:15,900
Oh, okay. Oh, goes underneath.

552
00:39:16,240 --> 00:39:16,760
Exactly, correct.

553
00:39:16,780 --> 00:39:19,440
And that's the parking that Rich indicated, let's just reiterate.

554
00:39:19,440 --> 00:39:25,540
That's going to be designated parking for the insurance company because that's a very

555
00:39:25,540 --> 00:39:30,000
easy, that tenant knows where to go. They don't have a lot of people coming from the

556
00:39:30,000 --> 00:39:34,980
outside where they need visitor parking that's outside near the front door. So it's easy

557
00:39:34,980 --> 00:39:37,700
to restrict or designate that for the insurance company.

558
00:39:37,820 --> 00:39:41,580
And that's a set of stores that goes down into that structure. How do you, is that it

559
00:39:41,580 --> 00:39:45,320
right there to far left? So that goes down to the underneath.

560
00:39:50,800 --> 00:39:56,560
If I may, I'm actually very intimately familiar with this site, obviously being a long

561
00:39:56,560 --> 00:39:57,540
time resident in my book.

562
00:39:57,740 --> 00:40:03,260
But I actually worked on that building way back when it was renovated.

563
00:40:04,440 --> 00:40:06,620
Yeah, with William Barnum and Associates.

564
00:40:07,000 --> 00:40:10,140
Yes, you probably have the drones that, yeah, okay.

565
00:40:10,320 --> 00:40:15,260
So, yeah, and for those of you who don't know, the Village Office is used to be in that

566
00:40:15,260 --> 00:40:18,740
building in the corner, and that's why that ramp was built for handicapped access.

567
00:40:18,740 --> 00:40:27,840
it's into the village offices when it was first incorporated. So a few questions. How much

568
00:40:27,840 --> 00:40:33,680
impervious areas being added to the site? I believe it's approximately 6,000 square feet

569
00:40:33,680 --> 00:40:39,140
of impervious. No additional impervious? 6,000? Yeah, maybe seven. It's in that range.

570
00:40:39,600 --> 00:40:45,220
Okay. So as a result of that, most of that impervious area takes away from green space, correct?

571
00:40:45,220 --> 00:40:54,140
So in the back there, along perpendicular bobbin avenue entrance, where you say you're winding the entrance.

572
00:40:55,080 --> 00:41:01,740
So you're not adding vehicles there, spaces, but you're taking away green space in that buffer between that property.

573
00:41:01,940 --> 00:41:08,200
Right, we are going to be providing stormwater management, including stormwater quality and stormwater detention.

574
00:41:08,540 --> 00:41:14,820
We've begun to coordinate with Mr. Noak and his consultants and we will address the requirements.

575
00:41:14,820 --> 00:41:17,240
Well, in response to what, the increase in the pervids area?

576
00:41:17,340 --> 00:41:17,680
That's correct.

577
00:41:19,820 --> 00:41:22,400
So, what type of storm or water management facilities?

578
00:41:23,360 --> 00:41:28,960
There's an existing facility and we will supplement the existing facility and that's

579
00:41:28,960 --> 00:41:30,640
what we are working through the details of now.

580
00:41:30,760 --> 00:41:31,760
We don't have the answer at this time.

581
00:41:31,940 --> 00:41:34,700
And when you say I don't recall, what's the existing facility for stormers?

582
00:41:34,700 --> 00:41:43,580
There's a, I think it's 83 by 10 by 4 sub surface structure and back in this area and there's

583
00:41:43,580 --> 00:41:50,920
There's in let's drain in let's say that allow the water to go into that area and then it's connected to another structure over in this area

584
00:41:52,060 --> 00:41:54,260
So you're increasing the that capacity

585
00:41:54,260 --> 00:41:57,920
That's our intention. It's actually shown on this plan to

586
00:42:02,690 --> 00:42:04,890
this area. So this is the area

587
00:42:04,890 --> 00:42:07,430
that I mentioned. It's a 3

588
00:42:10,400 --> 00:42:15,940
by 10 by 4. With the air drain and the air. And then it connects

589
00:42:15,940 --> 00:42:21,580
to here. And there's a system of drainage here. There's other pipes and basins throughout

590
00:42:21,580 --> 00:42:27,920
the site. So what we were having shown is a CDS unit of water quality structure here, which

591
00:42:27,920 --> 00:42:31,540
which would also be an inlet and then a connection to this.

592
00:42:31,880 --> 00:42:33,820
But when we go through our analysis,

593
00:42:33,860 --> 00:42:37,240
we'll determine how much of a subsurface system

594
00:42:37,240 --> 00:42:39,240
will need for detention as well.

595
00:42:39,420 --> 00:42:42,180
As strong water management plan has been submitted

596
00:42:42,180 --> 00:42:43,360
for reviewer, you still work?

597
00:42:43,360 --> 00:42:43,940
We have not.

598
00:42:44,240 --> 00:42:45,720
We are working on it now.

599
00:42:46,180 --> 00:42:50,120
Okay, Marilyn, just before we have additional questions,

600
00:42:50,380 --> 00:42:54,800
you had a memo on this and you also raised some concerns

601
00:42:54,800 --> 00:42:57,860
and additional documentation that you would need.

602
00:42:58,600 --> 00:43:02,100
Some of it, the applicant has already gone through.

603
00:43:03,660 --> 00:43:07,640
They had an issue with the EAF that has to be corrected.

604
00:43:08,340 --> 00:43:13,580
We don't have a topographic survey which will need because they're putting in that retaining water

605
00:43:13,580 --> 00:43:19,280
and they're doing filling at that on the Bowman Avenue side of the property.

606
00:43:19,280 --> 00:43:28,460
We also asked for some data from a comparable Yale, New Haven facility to get an idea of

607
00:43:28,460 --> 00:43:36,040
the operations and in particular with concern about traffic as well as parking but traffic

608
00:43:36,040 --> 00:43:39,300
as well at that intersection and peak periods.

609
00:43:40,690 --> 00:43:49,260
The other issues that came up were of course Bowman Avenue was a scenic road there and

610
00:43:49,260 --> 00:43:53,080
And the new signs and the retaining wall and some of the site modifications are going

611
00:43:53,080 --> 00:43:54,200
to be visible from that.

612
00:43:56,480 --> 00:44:05,060
So the review would be whether or not the signs, the materials, the color and the construction

613
00:44:05,660 --> 00:44:11,280
are compatible with the existing quality of that road.

614
00:44:12,900 --> 00:44:17,480
There will also be removing in taking away some of the green space.

615
00:44:18,320 --> 00:44:20,600
That building has been around a long time.

616
00:44:20,760 --> 00:44:25,480
There were mature trees that are scattered throughout that site in green areas that are

617
00:44:25,480 --> 00:44:33,580
now going to be either filled or they are going to be put to use as parking areas.

618
00:44:34,740 --> 00:44:39,540
From my count there are 16 regulated trees that would be removed from the site.

619
00:44:40,640 --> 00:44:44,860
We are asking also for tree

620
00:44:46,940 --> 00:44:51,060
protection and preservation measures during construction for

621
00:44:51,060 --> 00:44:57,280
those trees that are going to remain and there's a requirement in the code for replacement

622
00:44:57,280 --> 00:44:57,860
trees.

623
00:44:57,860 --> 00:44:59,900
And those.

624
00:45:00,000 --> 00:45:16,900
Those can be put into the area along Bowman Avenue, that's the buffer. They can also be augmented in areas of the property that don't have trees now. And in conjunction with that, we're asking for a landscape plan.

625
00:45:16,900 --> 00:45:18,440
I have a question.

626
00:45:18,900 --> 00:45:23,320
Now, is there a, no, there hasn't been a zoning analysis done on the application?

627
00:45:23,540 --> 00:45:25,000
Is that, that's being worked on now?

628
00:45:25,360 --> 00:45:25,800
Okay.

629
00:45:26,720 --> 00:45:27,240
I have a question.

630
00:45:27,460 --> 00:45:27,920
Sure, please.

631
00:45:28,180 --> 00:45:29,720
You may not know the answer to this.

632
00:45:31,280 --> 00:45:36,180
Is there reciprocity between New York and Connecticut with regard to Yale, New Haven?

633
00:45:37,300 --> 00:45:39,980
In terms of insurance and coverage for patients.

634
00:45:40,320 --> 00:45:42,820
I think that's pretty important that I'd like to know the answer to that.

635
00:45:42,820 --> 00:45:43,520
Is

636
00:45:45,980 --> 00:45:50,220
anybody looking, is Mr. Galante going to look at the traffic impact?

637
00:45:51,160 --> 00:46:09,520
Yes, that's why we want the first step to that is asking for an understanding of the amount of staff that's going to be at that facility, the number of patients per hour, the type of peak hours that they have, you know, how their hours of operation.

638
00:46:09,520 --> 00:46:20,300
and once we get that information and statistical evidence from a comparable facility of Yale, New Haven,

639
00:46:20,680 --> 00:46:27,980
Granted Hospital, so that we can have an understanding of exactly how the traffic number of traffic

640
00:46:27,980 --> 00:46:31,260
trips and what's going to happen at that intersection.

641
00:46:31,420 --> 00:46:37,940
What we have created between the Westchester and Bournemont or on 8 o'clock in the morning to pick out is just

642
00:46:37,940 --> 00:46:44,420
I mean, it's just, it's a danger, especially if you, I don't know whether or not the crossing

643
00:46:44,420 --> 00:46:47,860
guards have the control of the signals they do.

644
00:46:49,100 --> 00:46:56,640
I mean, I can't on the going down, you have about 14 seconds before the light changes and

645
00:46:56,640 --> 00:47:01,020
then you have about three minutes or four minutes in queue, and then you lock if the couple

646
00:47:01,020 --> 00:47:01,740
cars go through.

647
00:47:02,540 --> 00:47:06,500
I think when we look at the traffic, we seriously need to consider whether or not we should

648
00:47:07,060 --> 00:47:14,020
make only a right-hand turn onto the bridge street and eliminate the left-hand turn from the

649
00:47:14,020 --> 00:47:21,020
side. See whether or not that would do anything for the congestion. It's too close to the traffic

650
00:47:21,020 --> 00:47:25,460
lights, so that may not work, but I would like to see what Mr. Galanti thinks about that because

651
00:47:25,460 --> 00:47:31,960
something has to be done between those two intersections. It's just impossible. So get him back to what I was

652
00:47:31,960 --> 00:47:37,780
asking about. I can't tell you that you've been waiting. He's been here. How many

653
00:47:37,780 --> 00:47:42,020
parking spaces they required to have at the right now? I think is there any

654
00:47:42,020 --> 00:47:46,600
requirements on how much spark in there's both that? What uses you would put in

655
00:47:46,600 --> 00:47:54,380
building? Okay. Based on that, based on the uses, based on our zoning rules,

656
00:47:54,640 --> 00:47:58,180
what are you required to have? Yes. I mean, what do you just kick in?

657
00:47:58,180 --> 00:48:03,620
We have a medical and office and your zoning 401 spaces are required.

658
00:48:03,940 --> 00:48:05,360
And repeat that again, I'm sorry.

659
00:48:05,560 --> 00:48:05,720
I'm sorry.

660
00:48:05,780 --> 00:48:06,260
401.

661
00:48:06,540 --> 00:48:07,600
Are required, how many do you have?

662
00:48:08,020 --> 00:48:10,080
We have 246 proposed.

663
00:48:10,640 --> 00:48:13,680
And you're saying our code is a little bit conservative?

664
00:48:14,560 --> 00:48:15,040
401?

665
00:48:15,260 --> 00:48:19,500
Let me just add that subject to review the building inspector hasn't weighed in on that number

666
00:48:19,500 --> 00:48:19,760
yet.

667
00:48:20,020 --> 00:48:22,580
So we don't know if the bill is protected, whether that's sore.

668
00:48:22,580 --> 00:48:23,680
I'm going to use it again.

669
00:48:24,000 --> 00:48:26,660
No, I think it's pretty clear in the code.

670
00:48:29,940 --> 00:48:34,820
So if you can go back to the site plan, I just want to finish up on a few things.

671
00:48:37,660 --> 00:48:41,740
So along Bowman Avenue, or I should say perpendicular to the Bowman Avenue entrance,

672
00:48:42,460 --> 00:48:44,200
where you said you were winding the aisle.

673
00:48:44,380 --> 00:48:48,280
So by virtue of doing that, you're eliminating that buffer.

674
00:48:48,500 --> 00:48:52,340
There's a buffer between the adjacent property along.

675
00:48:52,340 --> 00:48:54,880
I'm talking about the safety issue that Mr. Glanty asked us to address.

676
00:48:55,720 --> 00:48:58,160
I'm talking about the vegetation that you're losing.

677
00:48:58,680 --> 00:48:59,140
I understand.

678
00:48:59,560 --> 00:48:59,640
Right.

679
00:49:00,500 --> 00:49:01,100
It's related.

680
00:49:01,540 --> 00:49:05,260
It's that the access drive through this area is relatively narrow.

681
00:49:05,480 --> 00:49:09,100
So we were trying to improve the width of that two-way access.

682
00:49:09,340 --> 00:49:11,440
What is it narrowed by code?

683
00:49:12,620 --> 00:49:13,560
It's a one-way.

684
00:49:13,720 --> 00:49:14,420
Is it a one-way?

685
00:49:14,580 --> 00:49:15,160
No, it's not.

686
00:49:15,160 --> 00:49:16,440
It's not signed as one-way.

687
00:49:16,680 --> 00:49:17,380
So it's two-way.

688
00:49:18,880 --> 00:49:20,960
I think it was probably designed to be one-way.

689
00:49:20,960 --> 00:49:24,500
If it's 13 feet, it was probably designed to be one way.

690
00:49:24,980 --> 00:49:25,400
I'm not sure.

691
00:49:25,620 --> 00:49:30,720
We've tried to research record plans and different things and we haven't found any.

692
00:49:30,820 --> 00:49:32,760
Well, how could it be two ways at 13 feet?

693
00:49:34,260 --> 00:49:35,040
I understand.

694
00:49:35,780 --> 00:49:37,340
That's why we're proposing a wide network.

695
00:49:37,340 --> 00:49:37,420
Yes.

696
00:49:38,800 --> 00:49:46,540
So you can accommodate two cars safely along the front of the building on the right-hand side,

697
00:49:46,680 --> 00:49:48,180
I guess, the north side.

698
00:49:48,180 --> 00:49:52,300
You're eliminating a whole bunch of foundation plantings to it.

699
00:49:52,540 --> 00:49:55,280
We are taking out the foundation plantings or shrubs.

700
00:49:55,280 --> 00:50:00,160
There is an area still between the building and the parking that we can landscape.

701
00:50:00,580 --> 00:50:04,780
It seems like you're like every little area where you can grab a space.

702
00:50:04,780 --> 00:50:09,120
You're trying to, you know, nick and tuck and let me ask you a question.

703
00:50:09,200 --> 00:50:13,740
How many parking spots are in the garage itself?

704
00:50:14,160 --> 00:50:15,200
Or one level of the garage?

705
00:50:15,200 --> 00:50:16,300
That's pretty bad.

706
00:50:21,000 --> 00:50:22,020
It's just two levels.

707
00:50:22,500 --> 00:50:24,080
40, 24 per level.

708
00:50:24,280 --> 00:50:24,620
24?

709
00:50:25,260 --> 00:50:26,880
No, there's got to be more than 24.

710
00:50:28,200 --> 00:50:30,200
There's more than 24 in that top level, right?

711
00:50:31,120 --> 00:50:31,320
48.

712
00:50:32,080 --> 00:50:37,280
Was there any thought given to adding an elevated parking deck?

713
00:50:37,800 --> 00:50:39,240
There was consideration of that.

714
00:50:39,440 --> 00:50:42,400
It's based on the configuration of the deck.

715
00:50:42,640 --> 00:50:45,900
And then the ramping system is where you wouldn't be able to do that.

716
00:50:45,900 --> 00:50:48,620
You can probably access it from from the left side

717
00:50:49,960 --> 00:50:53,280
Over here. Yeah. Yeah, I'm going up. What?

718
00:50:54,360 --> 00:50:58,940
John, you had a clear to question. I'm just throwing that open for you know discussion and consideration.

719
00:50:59,260 --> 00:51:03,400
Okay, two cars trying to access that area right now is pretty hard.

720
00:51:03,960 --> 00:51:06,420
Right. John, you had a question. Right now is one way.

721
00:51:06,720 --> 00:51:10,500
Well, the obviously who would involve a reed site at a site plan?

722
00:51:10,500 --> 00:51:12,980
I'm not saying to use the existing driveway.

723
00:51:15,680 --> 00:51:20,560
I'm looking at the structural aspects of that as well, the structural aspects of the garage.

724
00:51:21,080 --> 00:51:23,060
You have to look into it, yeah.

725
00:51:23,880 --> 00:51:29,440
Michael, if I'm not mistaken, and I'm on this board, I didn't reach you ask me how many

726
00:51:29,440 --> 00:51:34,660
years, and I said most, 15, if I'm not mistaken, this is the first time, that this is the first

727
00:51:34,660 --> 00:51:38,840
time that I have seen this application before the planning board.

728
00:51:39,740 --> 00:51:39,840
Right.

729
00:51:39,840 --> 00:51:45,500
Now, my question is this, and Dominic said that this was almost designed at the beginning

730
00:51:45,500 --> 00:51:46,720
for a single occupancy.

731
00:51:47,700 --> 00:51:48,440
No, I didn't say that.

732
00:51:48,740 --> 00:51:51,160
Whatever it was, it was the Donald R. Building.

733
00:51:51,240 --> 00:51:58,900
But right now, I think there are 14 occupants and 11 are 14 are medical offices or some sort.

734
00:51:59,800 --> 00:52:06,140
The question that I have is, when the occupancy changes from office to medical, something like

735
00:52:06,140 --> 00:52:09,700
that, does the tenant or the owner of the building, would they have to come to the village

736
00:52:09,700 --> 00:52:15,780
to get the approval for that or they have a free hand to do because how did we get ourselves

737
00:52:15,780 --> 00:52:23,460
in this lack of parking situation right now? I can't answer why we're at the situation that we

738
00:52:23,460 --> 00:52:29,040
are so that's that's a pre-existing because I'm sure it was with regards to the building. When this

739
00:52:29,040 --> 00:52:35,360
was in the state taxation building and I'm sure there was enough parking. Well once again the parking

740
00:52:35,360 --> 00:52:41,860
Everything is tied in to our code which is tied into the uses within the building which falls under the purview of the building inspector.

741
00:52:42,340 --> 00:52:46,180
As the spaces change, people move in, people move out.

742
00:52:46,380 --> 00:52:50,700
The building inspector does his review and acts accordingly as far as applications.

743
00:52:53,000 --> 00:52:56,000
It is a site that it is, it's got the spots that it has.

744
00:52:56,880 --> 00:52:59,680
Why was that much, I can't answer it.

745
00:53:00,920 --> 00:53:06,100
I think every couple of times a year, there are before us, and we always grill them on a parking,

746
00:53:06,220 --> 00:53:08,160
like a parking, like a parking, like a parking.

747
00:53:08,640 --> 00:53:13,200
And I'm just wondering, how can we get ourselves in this situation that we have with this site?

748
00:53:13,620 --> 00:53:20,140
I think what John is getting at is, this is not the first medical user of space in this building.

749
00:53:20,600 --> 00:53:25,700
But now, this is the first time that that's coming before us, because I guess what happened, John,

750
00:53:25,700 --> 00:53:29,340
It's the situation's got so aggravated, it came to a head.

751
00:53:29,640 --> 00:53:32,420
So now they're coming before us because they need parking.

752
00:53:32,960 --> 00:53:37,520
No, I think, as Mr. Simon's referred to before, the reason that there before you

753
00:53:37,520 --> 00:53:42,420
was not because of the reteniting, it's because of the signage and because of the parking.

754
00:53:43,500 --> 00:53:45,080
No, no, I'm not talking about the changes to the side.

755
00:53:45,180 --> 00:53:49,040
I underprivileged Mr. Steinemann and said, how did we get ourselves into a situation

756
00:53:49,040 --> 00:53:51,040
before Mr. Steinemann came before us?

757
00:53:51,040 --> 00:54:07,380
And as Mike as as Mike Noah mentioned, you know, when there's building permits submitted for for new tenants for, you know, redesigning the spaces, that's something that's submitted to the building department, the building inspector reviews and determines whether it triggers site plan approval or not.

758
00:54:07,840 --> 00:54:16,520
And I guess the determination has been made up until it doesn't need to determine also whether it requires variances for parking at the same time.

759
00:54:16,520 --> 00:54:23,720
It's a permitted use in the building, and I apologize for interruption, but I want to try to answer Mr. Guzmán's question as directly as I can.

760
00:54:23,900 --> 00:54:29,880
Your code allows medical space in a OBS professional bill office building.

761
00:54:30,180 --> 00:54:41,000
And therefore, as a land use practitioner, I do not need to make an application to get inside that building any tenant can sign a lease with the landlord.

762
00:54:41,000 --> 00:54:52,860
So go back to what I said, and I meant it positively and candidly, we wouldn't have to be here trying to help the situation clearly you've got.

763
00:54:53,120 --> 00:54:59,580
I mean, in the first three minutes of this, I don't like standing up on an application saying mathematically, I'm not working on an application.

764
00:55:00,180 --> 00:55:05,220
And I was asked the question mathematically, how deficient, boy, it's deficient mathematically.

765
00:55:05,220 --> 00:55:11,040
Well, a traffic and parking expert at least quickly says it's a very conservative code, so that explains part of it.

766
00:55:11,340 --> 00:55:17,220
Part of it is the way your code is written, and the building was allowed lawfully to evolve in this fashion.

767
00:55:17,800 --> 00:55:22,480
The good news is we're standing here. The bad news is we have a little bit of an issue we've got to deal with.

768
00:55:22,520 --> 00:55:24,960
The good news is we're prepared to try to make it better.

769
00:55:25,260 --> 00:55:31,060
How much better it's going to be? I guess it's going to be a combination of your efforts, your staff's efforts, and our team.

770
00:55:31,060 --> 00:55:37,980
But I can tell you you have a landlord sitting in the room tonight who's saying I want the building to be attractive, functional, safe, and make it better.

771
00:55:38,460 --> 00:55:41,080
So I have one more question on traffic.

772
00:55:41,180 --> 00:55:44,260
And then I'd just like briefly to go over the signage.

773
00:55:45,040 --> 00:55:50,660
And then we'll adjourn this to our next meeting, Jen.

774
00:55:51,380 --> 00:55:53,800
By that time we'll have the zoning analysis done.

775
00:55:55,620 --> 00:55:58,640
Our consultant will get a number of more documentation.

776
00:55:58,640 --> 00:56:03,420
and then we'll be able to take this forward and consider a public area.

777
00:56:03,600 --> 00:56:04,540
I'd love to show you the signs, yes.

778
00:56:05,180 --> 00:56:22,140
One last question on the parking because there are some groups of spaces that are dedicated parking spaces which I imagine is probably exacerbating the issue because you could actually have people looking around for parking spaces that are open.

779
00:56:22,140 --> 00:56:28,680
Now, this, I know, could be subject to leases that you have with the tenets that

780
00:56:28,680 --> 00:56:30,260
require desi.

781
00:56:30,340 --> 00:56:34,580
So the quick answer is, good, I know where you're going, very few leases are restricted.

782
00:56:35,240 --> 00:56:36,880
The landlord has a lot of flexibility.

783
00:56:37,760 --> 00:56:43,380
Rich thought that restricting the parking with signage actually made sense to the extent

784
00:56:43,380 --> 00:56:46,260
that we were restricting it only to a certain number.

785
00:56:46,560 --> 00:56:51,140
I know Michael and Marilyn are looking at that to see if they agree or disagree with

786
00:56:51,140 --> 00:56:54,780
And we won't, honestly, we want to do it.

787
00:56:54,880 --> 00:56:56,800
We want to figure out what's best for that property.

788
00:56:57,000 --> 00:56:59,840
So if you said no signage is going to work best,

789
00:57:00,140 --> 00:57:01,520
we might have that, we might have some issues.

790
00:57:01,600 --> 00:57:04,920
It was just a shared, you know, subject to lease issues,

791
00:57:04,920 --> 00:57:07,980
which is, you know, beyond our confidence to deal with.

792
00:57:08,700 --> 00:57:12,700
If there was a shared parking study could show

793
00:57:13,180 --> 00:57:16,860
that in fact, as you go through the day,

794
00:57:17,460 --> 00:57:19,980
that even though there are less parking spaces

795
00:57:19,980 --> 00:57:25,180
is then required by code that if those were shared that you'd actually be able to accommodate

796
00:57:25,180 --> 00:57:30,920
the volume of traffic that you would need. But if you have 70 parking spaces dedicated

797
00:57:30,920 --> 00:57:39,860
to one tenant, that could leave other tenant customers and clients running around the facility

798
00:57:39,860 --> 00:57:42,280
trying to look for spaces that are empty.

799
00:57:42,620 --> 00:57:47,660
Yeah, but the way this is set up, though, I'm going to guess, and the property owner's

800
00:57:47,660 --> 00:57:48,760
Sir, he probably has a better idea.

801
00:57:48,940 --> 00:57:51,400
I'm going to guess most people do not pull underneath

802
00:57:51,970 --> 00:57:52,940
and park underneath.

803
00:57:53,680 --> 00:57:56,220
So if you're going to have designated spaces for tenants,

804
00:57:57,180 --> 00:57:59,860
that's where I would put them and leave the spaces above

805
00:57:59,860 --> 00:58:02,160
for, is that where they are now?

806
00:58:02,200 --> 00:58:08,180
Right, that's the insurance company is under one of their spaces.

807
00:58:08,500 --> 00:58:10,120
There's one of the owners of the property.

808
00:58:10,380 --> 00:58:12,580
And those aren't signed, but on a practical basis,

809
00:58:12,600 --> 00:58:15,560
that's where they are parking beneath there.

810
00:58:16,320 --> 00:58:26,280
Overall, there's a hundred with the 72 spaces that would be signed for the proposed use for the Yale New Haven Greenwich use, which would be on the upper area.

811
00:58:26,360 --> 00:58:42,340
Those are 72 spaces, adding those to the existing sign spaces is 118. On a practical basis, as we said, the insurance companies using the lower level, that would be a total of 166 between the signed medical and the insurance.

812
00:58:42,340 --> 00:58:44,900
and that leaves 80 shared spaces.

813
00:58:45,620 --> 00:58:49,040
And those 80 shared spaces are essentially

814
00:58:49,040 --> 00:58:53,060
in this whole portion of the site.

815
00:58:53,720 --> 00:58:56,220
So if anybody can come and park anywhere in here

816
00:58:56,220 --> 00:58:59,720
and then go to the uses which are primarily

817
00:58:59,720 --> 00:59:02,400
on the lower level with the Greenwich New Haven

818
00:59:02,400 --> 00:59:04,280
taking up much of the upper level.

819
00:59:05,140 --> 00:59:07,700
As far as us doing a study of the spaces,

820
00:59:07,900 --> 00:59:12,320
we did look at the utilization from 7 a.m. to 5 o'clock p.m.

821
00:59:12,320 --> 00:59:19,040
in half hour increments and with the capacity of 209 the existing supply the peak

822
00:59:19,040 --> 00:59:24,500
utilization that we had was 96 spaces occupied at 1030 in the morning that was

823
00:59:24,500 --> 00:59:28,740
before the insurance company had moved over but again they have their number of

824
00:59:28,740 --> 00:59:35,300
spaces per their agreement with the building and just drifting back to the

825
00:59:35,300 --> 00:59:41,300
the proposed use for Greenwich and New Haven is they're looking for 72 spaces

826
00:59:41,300 --> 00:59:46,300
They came to the owner of the property and said we would like to have 72 spaces.

827
00:59:46,460 --> 00:59:54,060
It wasn't a situation where they said, we want 100 spaces or 125 spaces or we want to make it where we match the village of

828
00:59:54,060 --> 00:59:55,260
Robbrook's parking code.

829
00:59:55,720 --> 00:59:58,980
And then the owner had to come back and said we cannot accommodate you.

830
00:59:58,980 --> 00:59:59,960
They said we would

831
01:00:04,680 --> 01:00:23,940
I'd like to turn our attention to the signs, because the issue with parking, that's being reviewed by our consultants, and I'm sure there'll be a lot more information next time to talk about. But let's take a look at the signs and where the signs now and what you plan to do.

832
01:00:23,940 --> 01:00:28,680
Okay, so the two signs that I'll have first are the monument signs.

833
01:00:29,210 --> 01:00:37,020
There's one that's currently between the two driveways on South Ridge Street and then the second one is over on this area in Bowman Avenue.

834
01:00:40,840 --> 01:00:45,240
This is the proposed sign on South Ridge Street in this location.

835
01:00:45,850 --> 01:00:47,400
This is the existing sign.

836
01:00:47,940 --> 01:00:55,820
The existing sign in terms of sign area, the blue is actually part of this below the taxis,

837
01:00:55,820 --> 01:01:01,600
the evergreen ash rub there, but the proposed sign is 19 and a half square feet when you look

838
01:01:01,600 --> 01:01:08,240
at the blue area, which includes the sign text. The existing sign is 25 square feet, so the

839
01:01:08,240 --> 01:01:13,100
proposed sign is smaller than the existing sign in terms of overall square footage. And we think

840
01:01:13,100 --> 01:01:21,200
it's a much more attractive sign. It provides the, the ride road plaza entrance per se, but then it adds

841
01:01:21,200 --> 01:01:26,500
to the other proposed uses of the yellow, New Haven, and Greenwich Hospital uses as well

842
01:01:26,500 --> 01:01:28,940
as the BNZ insurance use.

843
01:01:29,600 --> 01:01:30,440
And the address.

844
01:01:31,040 --> 01:01:31,320
And the address.

845
01:01:31,560 --> 01:01:31,680
Yes.

846
01:01:31,940 --> 01:01:32,940
Thank you.

847
01:01:33,100 --> 01:01:35,080
Which is required by law.

848
01:01:35,280 --> 01:01:36,040
Thank you.

849
01:01:36,980 --> 01:01:37,540
Mr. Pearson.

850
01:01:37,740 --> 01:01:38,060
Yes, sir.

851
01:01:38,320 --> 01:01:41,240
If I'm not mistaken, 72 is going back to the number of spots.

852
01:01:41,460 --> 01:01:42,260
72 spaces.

853
01:01:42,660 --> 01:01:48,800
That, I think, corresponds to the requirements of the code OB-1, where you have 250, one space

854
01:01:48,800 --> 01:01:52,720
is for every 250 feet and you have 18,000 that works out to 72.

855
01:01:52,840 --> 01:01:55,680
It does for office, but not for medical office.

856
01:01:55,680 --> 01:01:56,980
I know that I said for office, you know,

857
01:01:57,100 --> 01:01:59,100
it's your old B1, yes, yes, yes, yes.

858
01:01:59,500 --> 01:02:02,660
So the other peculiarity in the code

859
01:02:02,660 --> 01:02:05,680
is that if this building had another 4,000 square feet,

860
01:02:06,060 --> 01:02:07,920
there'd be a whole other number that applies.

861
01:02:08,840 --> 01:02:11,800
If it's 75,000 square feet, it's only one space for 200.

862
01:02:12,440 --> 01:02:13,040
Don't ask me why.

863
01:02:13,180 --> 01:02:14,840
But those of us who read a lot of zoning codes,

864
01:02:14,960 --> 01:02:16,260
you have an interesting name.

865
01:02:16,260 --> 01:02:18,500
That was a head scratcher for me.

866
01:02:18,640 --> 01:02:18,920
Yeah.

867
01:02:20,020 --> 01:02:21,520
Different ways of characterizing it.

868
01:02:21,540 --> 01:02:22,480
We're going to go with interesting.

869
01:02:22,740 --> 01:02:22,760
Yeah.

870
01:02:23,520 --> 01:02:23,960
Okay.

871
01:02:24,140 --> 01:02:25,760
We'll leave it at the head scratcher.

872
01:02:25,820 --> 01:02:26,260
I like that.

873
01:02:28,000 --> 01:02:28,440
Okay.

874
01:02:29,020 --> 01:02:30,840
So we're going to sign up a Bowman Avenue.

875
01:02:31,100 --> 01:02:32,660
This is the existing sign here.

876
01:02:32,980 --> 01:02:33,080
Right.

877
01:02:33,420 --> 01:02:35,720
Which is just as you come in the Bowman Avenue entrance.

878
01:02:35,720 --> 01:02:39,480
You have the address and then you have the various doctors,

879
01:02:39,820 --> 01:02:41,820
offices listed there in the wayplanes hospital.

880
01:02:42,520 --> 01:02:44,100
And this is proposed sign.

881
01:02:45,020 --> 01:02:54,480
Again, the proposed sign in this case is also 19.5 square feet and it is less than the existing sign in terms of this area.

882
01:02:54,820 --> 01:02:58,640
So we think it's more attractive, more functional, and actually smaller.

883
01:02:59,360 --> 01:03:01,720
So what's listed on that sign? All in the names of the doctors?

884
01:03:02,020 --> 01:03:04,340
Yes, the names of the doctors as well as, right?

885
01:03:04,360 --> 01:03:06,140
Not every single doctor inside that building.

886
01:03:06,240 --> 01:03:09,180
So you're supposed to like, while you drive and read that?

887
01:03:11,740 --> 01:03:14,660
No, that would be as it is coming in for the approval.

888
01:03:14,660 --> 01:03:18,100
That's going to have to go before the ARB anyway, for approval.

889
01:03:18,520 --> 01:03:20,180
We don't approve sign.

890
01:03:20,200 --> 01:03:24,180
The schooling design is actually still more functional than the old sign that's there on

891
01:03:24,180 --> 01:03:24,980
Bowman right now.

892
01:03:25,300 --> 01:03:30,300
There's no question you're right, but some of the smaller prints at the bottom are less functional

893
01:03:30,300 --> 01:03:31,380
than the sign itself.

894
01:03:32,500 --> 01:03:33,880
The top of it is definitely more functional.

895
01:03:33,880 --> 01:03:41,320
What about the sign just so for the record, there was in the package there was a sign that was mounted on the top of the building?

896
01:03:41,440 --> 01:03:42,360
Is that gone?

897
01:03:42,460 --> 01:03:43,540
That's no longer proposed.

898
01:03:43,840 --> 01:03:53,800
There was also a monument sign, a larger monument sign that was proposed on the corner of Bowman and Southridge and based on our meeting with SAF, we've removed that from the opposite side.

899
01:03:53,820 --> 01:03:55,000
Now you have two signs.

900
01:03:55,000 --> 01:03:58,460
We have those two and then the final one is at the building entrance.

901
01:03:59,480 --> 01:04:10,400
The proposed building entrance for the Gail Greenwich entrance is just a kind of even difficult to see here because it's just as you walk into the sort of awning area.

902
01:04:10,620 --> 01:04:16,780
It's just on the side of the left panel as you're walking in and we weren't even sure if that was going to be considered a sign and

903
01:04:16,780 --> 01:04:21,800
Mr. Azo looked at me and said, yes, we've considered that as such, but that's already in the facility.

904
01:04:21,980 --> 01:04:23,600
Right, it's not something that's holding the threshold.

905
01:04:24,440 --> 01:04:27,640
You may see a little bit of it as you're driving down South Ridge, but it's really nice.

906
01:04:27,680 --> 01:04:28,740
What is the reason for that?

907
01:04:29,180 --> 01:04:33,780
I mean, I think it's kind of somewhat of a way-finding sign if you park your car.

908
01:04:34,100 --> 01:04:35,300
Okay, it's for when you're in the park.

909
01:04:35,380 --> 01:04:38,140
I don't remember the 72 spaces are designed to be a long route.

910
01:04:38,180 --> 01:04:38,920
Okay, I got you.

911
01:04:38,940 --> 01:04:39,760
You can get out of your car.

912
01:04:40,180 --> 01:04:45,840
You see the pictures of the building, you can see this little awning, kind of being kind of picked out that name.

913
01:04:45,840 --> 01:04:48,120
I'm supposed to go there, okay people, right?

914
01:04:49,040 --> 01:04:50,680
The direction for the, when you're out of the car.

915
01:04:50,960 --> 01:04:52,380
Right, that was for the street, okay.

916
01:04:52,840 --> 01:04:57,880
Okay, well, thank you gentlemen for a comprehensive discussion on this.

917
01:04:59,100 --> 01:05:05,960
Jen, there'll be, there'll be on for the, for the meeting in February, I think, fine, okay.

918
01:05:07,840 --> 01:05:08,280
Okay,

919
01:05:11,260 --> 01:05:13,680
thank you very much, thank

920
01:05:16,140 --> 01:05:18,080
you, you're welcome, thank you very much.

921
01:05:25,390 --> 01:05:30,610
Our next matter is 22, Helen Del.

922
01:06:23,870 --> 01:06:30,430
I am Mark Musticato, the architect for a couple of creek builders for the proposed

923
01:06:30,430 --> 01:06:34,110
addition and renovation at 22 Hillandale Road. The

924
01:06:38,430 --> 01:06:39,330
existing house at

925
01:06:39,330 --> 01:06:44,250
Hillandale, 22 Hillandale Road is an existing one-story ranch and we're

926
01:06:44,250 --> 01:06:48,070
proposing to add a second floor over the footprint of the existing house.

927
01:06:48,330 --> 01:06:48,750
A

928
01:06:52,110 --> 01:06:58,850
two-story addition at the rear of the house, and this area, which two-story

929
01:06:58,850 --> 01:07:03,570
addition and a roof porch at the rear of the house, which will be built on

930
01:07:03,570 --> 01:07:13,190
appears to minimize the excavation and therefore minimize any disturbance of the wetland buffer area.

931
01:07:13,370 --> 01:07:20,550
The property does have wetlands on it, it also has a time to stream.

932
01:07:20,550 --> 01:07:30,470
It's sort of a drainage ditch that comes from a pipe in the right away and runs through the property to the property behind it that constitutes basically the wetland area.

933
01:07:30,470 --> 01:07:36,970
and also is in that area, a part of it is a flood zone, part of it is actually a flood way.

934
01:07:37,070 --> 01:07:41,370
None of this is impacting what we're doing, and we're proposing it's pretty far down from the house.

935
01:07:41,690 --> 01:07:45,150
So, I'm just going to kind of, I don't know if I need to microphone or not, but here.

936
01:07:45,450 --> 01:07:47,150
So, the area of the, I

937
01:07:51,370 --> 01:07:55,030
think that would be better so I can kind of point out what's going on here.

938
01:07:55,410 --> 01:08:01,790
So, the area that the area of the flood zone is this area back here, and that also, again,

939
01:08:01,790 --> 01:08:04,350
and kind of is where the wetland area is.

940
01:08:06,470 --> 01:08:12,270
This is the exterior outline where the wetland area is.

941
01:08:12,750 --> 01:08:14,330
So we are within the wetland buffer.

942
01:08:14,470 --> 01:08:16,950
Again, what we've done is the addition in the back

943
01:08:17,710 --> 01:08:20,850
is proposed to be built on six piers.

944
01:08:21,870 --> 01:08:24,070
Maryland had asked about the amount of excavation there.

945
01:08:24,250 --> 01:08:26,990
So I had gotten back to her that it's approximately 75

946
01:08:26,990 --> 01:08:29,890
square feet of excavation, which will be dug by hand.

947
01:08:30,830 --> 01:08:37,230
And it comes out to essentially nine-and-a-half cubic yards of total excavation.

948
01:08:37,430 --> 01:08:46,290
So it meets to ten cubic yard threshold for working in the wetland buffer.

949
01:08:47,470 --> 01:08:49,930
Also, Maryland had asked for tree locations.

950
01:08:50,530 --> 01:08:55,130
The original survey we had did not have the tree locations on it, the survey we did come

951
01:08:55,130 --> 01:08:55,950
out and locate the trees.

952
01:08:55,950 --> 01:09:03,230
So we've added that to the site and shown tree protection of the trees in the front area that are adjacent to the work area.

953
01:09:03,970 --> 01:09:11,830
There's one willow here that's adjacent to the area we're proposing to provide the codex for the drainage system.

954
01:09:12,170 --> 01:09:16,450
There's no tree removal proposed. There's really no regrading proposed.

955
01:09:17,710 --> 01:09:22,870
So again, the idea is that this addition would be built where we're adding in the back.

956
01:09:23,230 --> 01:09:27,410
On peers in the rest of the edition is just simply adding a second floor over the footprint of the existing house.

957
01:09:31,650 --> 01:09:38,430
You can go through, if you want to see plans and elevations of the house over here, if you do, or you just want to really want to sit in the site plan questions.

958
01:09:38,750 --> 01:09:42,630
Well, I have, Marilyn, do you have any comments concerning the site plan?

959
01:09:55,200 --> 01:10:05,380
There were some comments about the short EAF that need clarifications and correction.

960
01:10:06,500 --> 01:10:14,940
in terms of zoning the existing home as a non-compliant front yard according to the

961
01:10:14,940 --> 01:10:17,620
building inspectors notice a disapproval.

962
01:10:18,600 --> 01:10:24,180
So the site plan, approval of the site plan that's being proposed will require

963
01:10:24,180 --> 01:10:27,960
a front yard variance from the zoning board of appeals.

964
01:10:30,340 --> 01:10:34,580
I made a point of noting that the proposed additions to the home

965
01:10:34,580 --> 01:10:41,360
would not increase the encroachment, the actual face of the building remains where it is.

966
01:10:42,930 --> 01:10:53,120
This is one of those applications where an existing front yard that is non-conforming

967
01:10:53,120 --> 01:10:59,760
requires a variance for the addition of the second story when there's no additional

968
01:10:59,760 --> 01:11:05,600
movement of the home closer to the road or to the front yard.

969
01:11:07,000 --> 01:11:12,040
In this case, this is literally the only variance that they're going to need.

970
01:11:13,500 --> 01:11:18,160
And it seems to me that, and I think this is part of discussion that we're going to have

971
01:11:18,160 --> 01:11:18,660
after.

972
01:11:19,340 --> 01:11:24,500
This is an example of one of those that probably there should be some relief in the code,

973
01:11:24,500 --> 01:11:31,500
not to send them to the zoning board when they're not actually going to come closer to the front.

974
01:11:31,560 --> 01:11:33,440
Not increasing the degree of non-conformity.

975
01:11:33,640 --> 01:11:38,740
That's an interpretation of the Boolean Inspector and there is a, you know,

976
01:11:38,860 --> 01:11:48,460
an open argument among interpreters, a camp that says that doesn't increase the variance that's necessary.

977
01:11:48,460 --> 01:11:55,260
Others say that it is, Billy Inspector says that it is and sends them back to the ZVA.

978
01:11:55,980 --> 01:12:00,400
I think that can be fixed with a change to the code.

979
01:12:00,780 --> 01:12:05,200
It's not going to help this gentleman, but it certainly might be a suggestion that the

980
01:12:05,200 --> 01:12:12,060
planning board brings to the, you know, if there's nothing else there that they need

981
01:12:12,060 --> 01:12:20,700
of variance for to send them just for this when in fact the the height setback ratio actually

982
01:12:20,700 --> 01:12:27,820
helps deal with that because it provides that plane that if you're too close you can't put the

983
01:12:27,820 --> 01:12:33,180
second floor close to it you've got to stay within that plane so there's already something in the code

984
01:12:33,180 --> 01:12:39,900
that is there that is working it's not necessary to kind of double up on it and and send people

985
01:12:40,500 --> 01:12:41,860
simply for that matter.

986
01:12:42,460 --> 01:12:47,940
Isn't there in the, not in the compliance with the code because of the

987
01:12:47,940 --> 01:12:49,340
average of the two adjacent homes?

988
01:12:49,340 --> 01:12:49,760
That's right.

989
01:12:51,520 --> 01:12:52,260
That's right.

990
01:12:52,260 --> 01:12:53,060
That's right.

991
01:12:53,540 --> 01:12:53,700
That's right.

992
01:12:53,820 --> 01:12:55,620
It was like for the other two homes, there would be okay.

993
01:12:56,000 --> 01:12:59,600
But this would be an existing legal marathon formulae.

994
01:12:59,820 --> 01:13:03,900
And once you put the story on it, then the building is about to

995
01:13:03,900 --> 01:13:12,240
interprets that as increasing the not conformity. And again, that's where there's a

996
01:13:12,240 --> 01:13:14,300
bait between interpreters.

997
01:13:16,460 --> 01:13:19,580
So I'm just bringing that, that's where we've got nothing to do

998
01:13:19,580 --> 01:13:24,020
with this particular application in terms of moving forward.

999
01:13:24,300 --> 01:13:30,000
Yes, it's part of our agenda. Hopefully. Yeah, we have time to be able to talk about it.

1000
01:13:30,000 --> 01:13:32,320
But this application does illustrate

1001
01:13:32,730 --> 01:13:34,100
the Maryland's point.

1002
01:13:34,440 --> 01:13:38,080
And I think we've confronted this issue before.

1003
01:13:38,300 --> 01:13:38,380
Is this going to work?

1004
01:13:38,380 --> 01:13:41,680
Yes, we confronted and we confronted every once in a while.

1005
01:13:41,900 --> 01:13:44,540
And it's actually more than once in a while.

1006
01:13:48,760 --> 01:13:51,990
The other issues that there's floodplain

1007
01:13:51,990 --> 01:13:56,090
as the architects said, the engineers said

1008
01:13:56,090 --> 01:14:00,030
there's floodplain and a streaming channel here.

1009
01:14:00,030 --> 01:14:06,150
However, there's a very steep elevation change from the front of the property to the rear

1010
01:14:06,150 --> 01:14:06,910
of the property.

1011
01:14:07,530 --> 01:14:13,870
So the entire home and any of the construction that's being done is well above the elevation

1012
01:14:13,870 --> 01:14:14,690
of the flood plain.

1013
01:14:14,890 --> 01:14:18,710
So we don't have an eight-edged-wood situation here the way we did.

1014
01:14:18,930 --> 01:14:21,630
The reason why the house was set close to the street.

1015
01:14:22,010 --> 01:14:22,170
Right.

1016
01:14:22,650 --> 01:14:29,590
Well, if the house actually couldn't, the house really can't be set as before back as it

1017
01:14:29,590 --> 01:14:34,250
should be because that would put it in the wetland, so it's where it's got to be.

1018
01:14:35,210 --> 01:14:37,130
There's no doubt about that.

1019
01:14:37,190 --> 01:14:41,690
When the house was built, the setback was about 40 feet or the average of the two houses

1020
01:14:41,690 --> 01:14:49,010
on either side of you in the R-25 zone, I'm pretty sure that that's right, so it actually

1021
01:14:49,010 --> 01:14:49,870
conformed to the zoning.

1022
01:14:49,950 --> 01:14:50,090
Right.

1023
01:14:50,690 --> 01:14:52,150
Originally, legally.

1024
01:14:52,570 --> 01:14:54,190
Is there any stormwater issues?

1025
01:14:54,450 --> 01:14:58,190
I notice that there's an additional almost 1,000 square feet of impervious surface.

1026
01:14:58,190 --> 01:14:59,570
Where is that?

1027
01:15:00,020 --> 01:15:30,000
Fine. Yeah, we have, we have a first one word of system designed, and that is in the front area of the property. Okay, all right. In this, in this front area here, there was an area of context, retention system. Okay. Okay, well, what we'll do is we need to send this to the zoning board of appeals, the deal with the one variance that they have, and then we'll also set a public hearing. So, Jen, should we send this to the zoning board for

1028
01:15:30,000 --> 01:15:30,340
First.

1029
01:15:30,720 --> 01:15:31,960
That would be my recommendation.

1030
01:15:31,980 --> 01:15:32,260
Okay.

1031
01:15:32,440 --> 01:15:33,180
Let's do that then.

1032
01:15:33,640 --> 01:15:37,720
Resolution referring to site plan and wetland permit application to the zoning board of appeals

1033
01:15:37,720 --> 01:15:42,660
for consideration of a variance at 22 Hill and Dale Road, whereas Cobble Creek builders,

1034
01:15:43,380 --> 01:15:48,520
property owners submitted an application for approval of a site plan and wetland permit for a

1035
01:15:48,520 --> 01:15:54,240
rear two-story addition and second-story addition at 22 Hill and Dale Road, and whereas the proposed

1036
01:15:54,240 --> 01:15:59,380
closed action is a type 2 action pursuant to CECRA requiring no further environmental review.

1037
01:16:00,400 --> 01:16:07,860
And whereas the village code requires a certain front-and-yard setback based on the average

1038
01:16:07,860 --> 01:16:12,960
of existing front-and-yard setbacks of the flanking properties, and as a result of the proposed

1039
01:16:12,960 --> 01:16:18,600
second-story addition, the applicant proposes to expand the existing non-conforming front-and-yard

1040
01:16:18,600 --> 01:16:20,740
setback of 41.1 feet.

1041
01:16:21,460 --> 01:16:26,460
And whereas the applicant wishes to apply to the ZBA rather than modify the project to

1042
01:16:26,460 --> 01:16:31,840
conform to the village code, whereas the planning board reviewed and considered the application

1043
01:16:31,840 --> 01:16:37,360
as January 12th meeting, including a planning memorandum prepared by FB Clark Associates,

1044
01:16:37,960 --> 01:16:43,400
and whereas upon review of the subject application, the planning board had the following planning

1045
01:16:43,400 --> 01:16:47,720
considerations for the ZBA's deliberation with respect to the variance.

1046
01:16:49,200 --> 01:16:58,240
The existing home has a non-compliant front yard setback and approval of the site plan will require approval of a front yard setback variance.

1047
01:16:58,780 --> 01:17:07,520
The proposed addition to the home will not increase the encroachment of the building footprint into the existing non-conforming 41.1 foot front yard.

1048
01:17:11,040 --> 01:17:18,160
According to the property survey, the wetland delineation was performed on December 3, 2015.

1049
01:17:18,680 --> 01:17:24,560
While no site work or new impervious surfaces would be located in the wetland, they would

1050
01:17:24,560 --> 01:17:31,220
be located within the wetland buffer to determine the mitigation required for loss of the disturbance

1051
01:17:31,970 --> 01:17:32,820
of the buffer.

1052
01:17:32,820 --> 01:17:38,980
However, the applicants require to submit a calculation of the total area of new disturbance

1053
01:17:38,980 --> 01:17:43,640
within the buffer along with proposed mitigation measures, and these will be reviewed by the

1054
01:17:43,640 --> 01:17:47,280
planning board after the zoning board reviews the request for a front-yard setback variance.

1055
01:17:47,980 --> 01:17:52,160
The existing house is appropriately located toward the front of the lot in relation to the

1056
01:17:52,160 --> 01:17:54,100
wetland and the wetland buffer area at the rear.

1057
01:17:55,460 --> 01:18:01,940
And three, a portion of the lot is located within FEMA zone AE and zone X floodplains.

1058
01:18:01,940 --> 01:18:06,660
However, the existing home is located well above the elevation of the flood plain limits.

1059
01:18:07,300 --> 01:18:11,440
And none of the new, the proposed new construction would be located in the flood zone.

1060
01:18:12,040 --> 01:18:16,660
Now therefore, be it resolved that for the reason stated herein, the planning board refers

1061
01:18:16,660 --> 01:18:22,060
the application to the zoning board of appeals for determination on the above reference front

1062
01:18:22,060 --> 01:18:22,780
yard setback.

1063
01:18:22,900 --> 01:18:26,980
Variances, along with any additional variances deemed necessary by the building inspector.

1064
01:18:26,980 --> 01:18:28,020
Okay,

1065
01:18:30,830 --> 01:18:34,170
can I have motion in a second to adopt the resolution?

1066
01:18:34,730 --> 01:18:35,330
Second.

1067
01:18:36,670 --> 01:18:38,990
Mr. Curacao, yes, Mr. Griezan.

1068
01:18:39,330 --> 01:18:39,490
Yes.

1069
01:18:39,790 --> 01:18:40,110
Morelino.

1070
01:18:41,510 --> 01:18:42,110
Yes.

1071
01:18:42,490 --> 01:18:42,910
Thank you.

1072
01:18:43,330 --> 01:18:43,870
Mr. Richman.

1073
01:18:44,170 --> 01:18:44,290
Yes.

1074
01:18:44,990 --> 01:18:46,690
Mr. Tartagno.

1075
01:18:47,030 --> 01:18:47,170
Yes.

1076
01:18:47,410 --> 01:18:47,970
Chairman Goodman.

1077
01:18:48,230 --> 01:18:48,370
Yes.

1078
01:18:48,990 --> 01:18:50,970
Can we schedule the public hearing?

1079
01:18:51,150 --> 01:18:51,290
Yes.

1080
01:18:51,690 --> 01:18:52,170
We will.

1081
01:18:52,210 --> 01:18:52,630
Okay.

1082
01:18:53,030 --> 01:18:55,670
Who is the public hearing resolution?

1083
01:18:56,050 --> 01:18:56,310
Okay.

1084
01:18:58,330 --> 01:19:04,690
I want to make a note since the application was referred to the ZBA on when it changed

1085
01:19:04,690 --> 01:19:09,170
the hearing date to March 9th as opposed to February 9th, which is on the draft.

1086
01:19:09,770 --> 01:19:14,090
Why don't we do a February 9th subject to ZBA after that?

1087
01:19:14,310 --> 01:19:21,310
Because they won't be able to get on the agenda until the March agenda at the ZBA, so it's

1088
01:19:21,310 --> 01:19:21,710
in part.

1089
01:19:21,710 --> 01:19:24,010
I don't know whether there's a resolution

1090
01:19:28,520 --> 01:19:32,080
setting a public hearing regarding a

1091
01:19:32,080 --> 01:19:38,400
site plan and wetlands permit for 22 Hill and Dale Road whereas cobble keep creek builders

1092
01:19:39,160 --> 01:19:43,880
property owners submitted applications for approval of a site plan and a wetlands permit to

1093
01:19:44,540 --> 01:19:50,200
construct additions and interior alterations to an existing home on the property located at

1094
01:19:50,200 --> 01:19:56,940
22-hylondale road in the R-25 district as shown on the town of Wright app.

1095
01:19:57,420 --> 01:20:03,300
Now therefore be it resolved that the planning board of the village of Rivewood hold a public

1096
01:20:03,300 --> 01:20:11,680
hearing on March 9th at 7.30 p.m. in village hall to consider the above applications.

1097
01:20:12,160 --> 01:20:15,720
Be it further resolved that the planning board pursuant to the state environmental quality

1098
01:20:15,720 --> 01:20:21,920
review act determines the proposed action to be a type two action requiring no further review

1099
01:20:22,440 --> 01:20:27,700
pursuant to the requirements and be it further resolved that the applicant is hereby directed

1100
01:20:27,700 --> 01:20:33,220
to comply with section 250-40 of the village code regarding notification of the public hearing.

1101
01:20:34,540 --> 01:20:39,500
I have a motion to second to adopt the resolution scheduling of public hearing.

1102
01:20:39,500 --> 01:20:40,480
second.

1103
01:20:47,080 --> 01:20:48,060
Mr. Kersel. Yes.

1104
01:20:51,050 --> 01:20:56,690
Mr. Marlena. Yes. Mr. Richman. Yes. Mr. Tarfaglia. Yes. Chairman

1105
01:20:56,690 --> 01:20:59,050
Govman. Yes. Thank you.

1106
01:21:04,730 --> 01:21:09,810
Good evening.

1107
01:21:16,560 --> 01:21:20,660
My name is Oscar Ovalle. I'm here representing

1108
01:21:20,660 --> 01:21:28,940
in the architect David Muni, who is the architect on this project, and basically we come here to

1109
01:21:28,940 --> 01:21:39,380
request for a change of use from an existing insurance business to a densities office at 555,

1110
01:21:41,540 --> 01:21:42,960
which is terabony.

1111
01:21:45,780 --> 01:21:50,220
Currently the first and second floor of the house are occupied by the

1112
01:21:50,220 --> 01:21:57,480
insurance company, those two floors are going to be occupied by the dentist office. The

1113
01:21:57,480 --> 01:22:03,560
attic is an apartment, an existing apartment is going to stay as is, so basically the building

1114
01:22:03,560 --> 01:22:11,540
is going to stay as is, we are going to do some interior alterations and on the outside the only

1115
01:22:11,540 --> 01:22:19,200
addition is going to be one handicap ramp and probably a couple of its consists to eliminate that area.

1116
01:22:20,220 --> 01:22:23,380
So, basically that's the request.

1117
01:22:27,750 --> 01:22:29,230
Sure, granted.

1118
01:22:31,950 --> 01:22:39,890
Yes, Mr. Todd Haglia has recused himself, so we will proceed on that note.

1119
01:22:42,530 --> 01:22:48,090
Marilyn, do you have some comments relating to the application?

1120
01:22:48,090 --> 01:22:49,410
The

1121
01:23:00,900 --> 01:23:10,560
applicant is requesting a special permit and a site plan for that special permit to accommodate a dentist's office

1122
01:23:11,980 --> 01:23:24,940
which would include one dentist and one or two dental hygienists that would see two to three patients per hour according to the information

1123
01:23:24,940 --> 01:23:31,280
that was provided by the Architects Office based on the information from the dentist.

1124
01:23:31,920 --> 01:23:36,000
The additional, there would be additional office staff that includes an assistant and

1125
01:23:36,000 --> 01:23:39,880
a receptionist for a maximum of three professionals and two support staff.

1126
01:23:40,080 --> 01:23:49,100
Office hours would be from 8 a.m. to 5 p.m., the applicant should provide the days of operation

1127
01:23:49,100 --> 01:23:52,960
as well and daily schedules should be provided.

1128
01:23:52,960 --> 01:24:10,020
The information is unclear regarding the residential apartment, I didn't realize because we usually get floor plans to understand what office and what the separation of office and residential would be.

1129
01:24:10,600 --> 01:24:20,060
The gentleman just described a two-story, first and second floor dental office and a attic apartment.

1130
01:24:21,140 --> 01:24:25,500
So that answers one of my questions here.

1131
01:24:26,180 --> 01:24:35,580
I also was asking the size and the location of the apartment and that would try to make

1132
01:24:35,580 --> 01:24:43,240
sense out of whether or not the parking that was used for the office, which originally

1133
01:24:43,240 --> 01:24:50,000
was an insurance company, is adequate for the use of a dental office plus a residential

1134
01:24:50,000 --> 01:24:57,420
department, which is also one of the things that you would have to be looking at in terms

1135
01:24:57,420 --> 01:25:02,480
of the criteria for the special permit, as well as the criteria for the site plan.

1136
01:25:05,000 --> 01:25:11,740
Section, I've given you the Code Section, Section 250-68 of the Village Code of Set 4th General

1137
01:25:11,740 --> 01:25:19,480
criteria to be met for issuance of special permits and Section 250-25D sets forth specific

1138
01:25:19,480 --> 01:25:26,380
criteria that has to be met for a professional office in the R2F district and these are

1139
01:25:26,380 --> 01:25:36,140
related to the site, they are related to the ability to provide parking, to not encroach

1140
01:25:36,140 --> 01:25:44,120
upon neighboring residential areas with lighting or noise or that kind of thing.

1141
01:25:44,420 --> 01:25:51,720
So this is one of those applications that would have up until recently gone to the village

1142
01:25:51,720 --> 01:25:56,180
board for a review by an approval.

1143
01:25:56,800 --> 01:26:04,180
But the code was changed last year or the year before to allow the planning board to do special

1144
01:26:04,180 --> 01:26:11,600
permits within the R2F district, you know, on Westchester and on Bowman Avenue.

1145
01:26:12,460 --> 01:26:19,820
And I guess also a short stretch of Ridge Street as well, the stretch of Ridge Street

1146
01:26:19,820 --> 01:26:21,640
between the CC1 district.

1147
01:26:23,400 --> 01:26:30,620
As part of the improvements to the building for use of the dentist, a handicapped access

1148
01:26:30,620 --> 01:26:37,720
this ramp to the rear-first floor entrances proposed, but the site plan doesn't contain

1149
01:26:37,720 --> 01:26:42,100
enough information to determine whether or not it's ADA compliant.

1150
01:26:42,700 --> 01:26:47,000
That was a comment that the building inspector made and I'm reiterating it here.

1151
01:26:47,740 --> 01:26:56,280
We need additional information about the ramp and the ramp details to determine whether

1152
01:26:56,280 --> 01:26:57,020
it's compliant.

1153
01:26:57,020 --> 01:27:04,240
The applicant, I'm asking about if there's going to be additional sightlining for safety

1154
01:27:04,240 --> 01:27:10,080
in terms of the ramp and in the parking lot, that's not shown on the plan and if it's

1155
01:27:10,080 --> 01:27:10,640
being proposed.

1156
01:27:10,980 --> 01:27:15,840
It should be the parking spaces and the access driveways should be dimensioned because

1157
01:27:15,840 --> 01:27:25,600
it's unclear whether or not those spaces are compliant spaces in terms of size and configuration.

1158
01:27:25,600 --> 01:27:36,540
The site plan should be revised to demonstrate compliance with the new of the new sign, but the village code requirements for professional signs in the R2F district.

1159
01:27:36,800 --> 01:27:39,700
The applicant is moving the sign right now.

1160
01:27:39,920 --> 01:27:47,960
The professional sign that's outside is in the right of way and they're actually moving it back onto their property.

1161
01:27:48,580 --> 01:27:52,980
But it's unclear whether the size of the sign is compliant.

1162
01:27:52,980 --> 01:28:03,840
And the parking area may require screening in the form of landscape planning for fencing to limit visual impacts to the residential properties.

1163
01:28:04,080 --> 01:28:11,160
I understand that this is an existing setup but coming back to site plan and for a special permit for a new use,

1164
01:28:11,700 --> 01:28:22,180
things that these other issues would come into play because they would be part of what of the criteria that you would be using to consider the special permit.

1165
01:28:23,420 --> 01:28:30,320
As far as parking is concerned, how many parking spaces, we have 11 parking spaces.

1166
01:28:30,600 --> 01:28:36,400
By code, we are required to have two for the apartment, you say one bedroom apartment.

1167
01:28:36,840 --> 01:28:43,000
And four for each professional, it's going to be one dentist in the premises, so.

1168
01:28:45,740 --> 01:29:00,760
The off-street parking requirements for the professional offices, three cars for each office or suite of offices of a tenancy or one car for every 300 square feet of floor area used for office purposes, whichever of those is greater.

1169
01:29:01,540 --> 01:29:08,800
The building inspector has indicated that he needs floor plans in order to determine what the parking requirement is for the office space.

1170
01:29:08,800 --> 01:29:14,900
And he also needs some further information about the sign size in order to complete his zoning review.

1171
01:29:15,380 --> 01:29:17,280
So that's one of the things that's before you tonight.

1172
01:29:17,280 --> 01:29:22,520
You do have a zoning board referral resolution available for you tonight.

1173
01:29:22,940 --> 01:29:27,900
We obviously have not specifically identified what exact variances are needed.

1174
01:29:28,520 --> 01:29:34,020
The building inspector has indicated there will be at least one sign variance needed, but

1175
01:29:34,020 --> 01:29:40,180
But there may be part where there may be, is it possible they need a variance on the parking space?

1176
01:29:40,300 --> 01:29:46,340
It's possible, it's unlikely, but it is possible based on the number of spots that they have available.

1177
01:29:47,480 --> 01:29:51,580
And based on the size of the spaces, it's unlikely they'll need it.

1178
01:29:51,800 --> 01:29:55,300
But again, we don't know for sure, so that's something for the board to consider tonight.

1179
01:29:55,300 --> 01:29:59,720
Whether you want to refer it to the zoning board, just with a sort of general referral.

1180
01:29:59,720 --> 01:29:59,940
with

1181
01:30:00,000 --> 01:30:29,980
The variance is to be determined by the building inspector. Yes, one. One. What is the garage in the parking lot? What's that utilize? That's an historic. That's forced storage, basically. So, Jen, the insurance office, that was a special permit as well, was it's an R2F? If the insurance office was occupying the same floor area, as the dentist will be occupying.

1182
01:30:29,980 --> 01:30:33,840
that it's likely that the parking count is going to remain the same.

1183
01:30:34,420 --> 01:30:38,120
So as long as the parking is currently compliant, it should remain compliant.

1184
01:30:38,260 --> 01:30:41,680
That's why I'm thinking it's unlikely that they will need parking.

1185
01:30:41,760 --> 01:30:47,140
So in a situation like this, in a situation like this, it's not like one per 250 square feet.

1186
01:30:47,980 --> 01:30:51,160
It's one per 300 square feet, or

1187
01:30:52,940 --> 01:30:58,160
three cars for each office or suite of offices of a given tenancy.

1188
01:30:58,160 --> 01:31:04,600
Whichever of those two calculations ends up being the greater one and that would apply for an insurance firm or

1189
01:31:04,600 --> 01:31:11,920
Dances office. Yeah. It's any professional office. I see. So they creating the apartment was their apartment all along

1190
01:31:11,920 --> 01:31:13,740
excuse me when the

1191
01:31:14,400 --> 01:31:21,800
Building was used as an insurance office building was the apartment in existence. Yes, okay, so the apartment was all always there

1192
01:31:21,800 --> 01:31:23,200
Yeah, okay

1193
01:31:24,820 --> 01:31:31,200
So procedurally, I guess, the choice that we have as a board is whether or not to send

1194
01:31:31,200 --> 01:31:37,440
this to the ZBA, assuming that the issue is going to be assigned and not the parking.

1195
01:31:39,520 --> 01:31:42,220
And I guess that also schedule a public hearing.

1196
01:31:44,980 --> 01:31:50,200
And so that's what we have to decide whether or not we have sufficient information to send

1197
01:31:50,200 --> 01:31:57,300
this to the ZBA or not. If we don't, then we would adjourn this to next month. By that

1198
01:31:57,300 --> 01:32:01,760
time, you'd have the determination for those in the sector, what we're dealing with,

1199
01:32:01,960 --> 01:32:03,160
and then go on from there.

1200
01:32:03,760 --> 01:32:09,480
But the building inspector, he's saying that he cannot comment on the parking of that with

1201
01:32:09,480 --> 01:32:12,220
you without a plan. So you're chasing your tail.

1202
01:32:13,740 --> 01:32:27,960
And well, the way that the referral resolution is drafted is to say that where it's typically we would recite the village code section that requires a variance from.

1203
01:32:28,600 --> 01:32:33,520
It's drafted to say the proposed signage requires one or more variances and

1204
01:32:33,520 --> 01:32:38,980
a variance for the proposed number of parking spaces may be required as to be determined by the building inspector following

1205
01:32:38,980 --> 01:32:44,680
going to receive additional information from the applicant regarding the height of the sign and total office floor area.

1206
01:32:45,140 --> 01:32:46,760
So that would be sufficient.

1207
01:32:46,940 --> 01:32:52,520
If the building inspector ultimately determines that there is a variance that's needed for parking.

1208
01:32:53,140 --> 01:32:58,680
There would be the legal basis to go to the ZBA based on our referral resolution.

1209
01:32:59,660 --> 01:33:01,780
So that's sort of the covenants.

1210
01:33:01,900 --> 01:33:02,480
That covers all.

1211
01:33:03,200 --> 01:33:03,880
Okay,

1212
01:33:06,120 --> 01:33:10,980
then why don't you recite the resolution?

1213
01:33:12,580 --> 01:33:23,420
Referring a site plan and special, I'm sorry, referring a special permit and site plan application to the Ryberg Zoning Board of Appeals for consideration of a variance that 555 Westchester Avenue.

1214
01:33:24,280 --> 01:33:32,160
Whereas Dr. Angela Manning, prospective tenant submitted an application on behalf of property owner 555 Westchester F LLC.

1215
01:33:32,160 --> 01:33:39,300
the approval of a special permit and site plan for a professional office at property located at 555 Westchester Avenue.

1216
01:33:39,980 --> 01:33:45,020
Whereas the proposed action, it's a type two action pursuant to seek or requiring no further review.

1217
01:33:47,000 --> 01:33:53,600
No further environmental review, whereas the property, and this is a little bit of historic information I meant to mention before.

1218
01:33:54,640 --> 01:34:01,500
Whereas the property is a subject of an existing special use permit approved by the Board of Trustees on October 7th, 1987.

1219
01:34:01,500 --> 01:34:08,460
67 to permit use of the premises as professional office for insurance and real estate purposes subject to four conditions.

1220
01:34:09,200 --> 01:34:16,580
One, that the number of employees shall be limited to five, two normal business hours shall be nine to five Monday through Friday, three.

1221
01:34:16,900 --> 01:34:25,240
The screening as presently exists shall be adequately maintained and for the use for which this permit was granted shall continue as same.

1222
01:34:25,240 --> 01:34:32,220
So those are the conditions that were imposed by the Board of Trustees back in 87 when the insurance business was established.

1223
01:34:33,920 --> 01:34:40,040
Whereas the applicant proposes to replace the existing insurance business with the dentist office and make certain site improvements.

1224
01:34:41,320 --> 01:34:49,780
Whereas the proposed signage requires one or more variances and a variance for the proposed number of parking spaces may be required as determined by the building inspector.

1225
01:34:50,980 --> 01:34:55,480
Where is the applicant which is to apply to the ZBA for such variances rather than modify

1226
01:34:55,480 --> 01:34:56,900
the project to conform?

1227
01:34:58,100 --> 01:35:01,840
Where is the planning board reviewed and considered the application at its January 12th

1228
01:35:01,840 --> 01:35:06,500
meeting, including a planning memo from F.B. Clark, and whereas upon review of the subject

1229
01:35:06,500 --> 01:35:11,480
application, the planning board has the following considerations for the ZBA with respect to

1230
01:35:11,480 --> 01:35:12,140
the variances.

1231
01:35:12,480 --> 01:35:17,760
And what I did is I pulled from, rather than just read, verbatim from the resolution as it's

1232
01:35:17,760 --> 01:35:18,200
getting late.

1233
01:35:18,200 --> 01:35:23,540
I pulled the relevant planning considerations from Maryland's memo.

1234
01:35:23,920 --> 01:35:47,440
One with respect to the use, dealing with the number of professionals and support staff that will be on site to regarding site lighting for the parking area, as well as handicapped access and three, the comments regarding screening in the form of landscape plantings.

1235
01:35:47,440 --> 01:35:55,080
the potential for the need for that, and indicated that the planning board will review that after it comes back to it for consideration.

1236
01:35:55,980 --> 01:36:06,960
Now therefore be it resolved that for the reason stated herein, the planning board hereby refers the application to the zoning board of appeals for a determination on the variance is deemed necessary by the building inspector.

1237
01:36:08,100 --> 01:36:13,660
Can I have a motion a second to adopt the resolution referring this matter to the ZBA?

1238
01:36:13,660 --> 01:36:16,100
I'm making motion. Second.

1239
01:36:18,930 --> 01:36:20,650
Oh, Dan, everything falls apart.

1240
01:36:22,030 --> 01:36:25,890
Is there a curse? Oh, yes. Mr. Grazan. Yes.

1241
01:36:26,190 --> 01:36:28,750
Marlena. Yes. The Richmond. Yes. The show. Yes.

1242
01:36:29,770 --> 01:36:32,870
Tarthagda. Oh, we're accused. We're accused.

1243
01:36:32,950 --> 01:36:41,010
Chairman Goodman. Yes. Thank you. And we have a public hearing scheduling resolution.

1244
01:36:43,730 --> 01:36:53,740
A couple of changes from the draft, it's going to be March 9th for the hearing date,

1245
01:36:54,420 --> 01:37:03,680
and it's going to be a type 2 action requiring no further review, which was an error on the

1246
01:37:03,680 --> 01:37:05,260
resolution draft.

1247
01:37:05,740 --> 01:37:11,340
Resolution setting, a public hearing regarding a special permit and site plan for 555 West

1248
01:37:11,340 --> 01:37:16,980
Jester Avenue, whereas Angela Manning on behalf of Michael Burrelli, the property owner submitted

1249
01:37:16,980 --> 01:37:22,460
applications for approval of a special use permit and a site plan for dentist's professional

1250
01:37:22,460 --> 01:37:28,700
office and one residential apartment in the existing home located at 555 West Jester Avenue

1251
01:37:29,420 --> 01:37:40,060
in the town section 135.83, block 1, lot 14 on the town of Wright, tax map. Now therefore

1252
01:37:40,060 --> 01:38:09,400
So be it resolved that the planning board of the village of Rhybrook shall hold a public hearing on March 9th, 2017 at 7.30 p.m. in village hall to consider the above reference applications and be it further resolved that the planning board pursuant to the state quality and environmental review act determines proposed action to be a type two action requiring no further review and be it further resolved that the applicant is hereby directed to comply with section 250 dash 40 of the village code regarding.

1253
01:38:09,400 --> 01:38:11,420
Notification of the public hearing.

1254
01:38:12,380 --> 01:38:18,400
Can I have a motion to second to adopt the resolution, scheduling a public hearing motion.

1255
01:38:19,200 --> 01:38:19,600
Second.

1256
01:38:23,300 --> 01:38:23,960
Mr. Curacao.

1257
01:38:24,680 --> 01:38:24,820
Yes.

1258
01:38:25,160 --> 01:38:25,560
Mr. Grazan.

1259
01:38:25,780 --> 01:38:25,960
Yes.

1260
01:38:26,640 --> 01:38:27,160
Mr. Marlena.

1261
01:38:27,340 --> 01:38:27,540
Yes.

1262
01:38:27,780 --> 01:38:28,300
Mr. Richman.

1263
01:38:28,400 --> 01:38:28,620
Yes.

1264
01:38:28,800 --> 01:38:28,840
Yes.

1265
01:38:29,020 --> 01:38:34,140
I'll see you in March.

1266
01:38:34,720 --> 01:38:34,760
Okay.

1267
01:38:35,080 --> 01:38:35,560
Thank you very much.

1268
01:38:36,000 --> 01:38:36,320
We

1269
01:38:40,060 --> 01:38:44,680
have some local laws to consider.

1270
01:38:50,520 --> 01:38:54,220
I've been told we have a five-minute intermission.

1271
01:38:54,880 --> 01:38:56,160
The tape ran out.

1272
01:38:56,560 --> 01:38:58,360
You'll have 20 minutes.

1273
01:45:16,240 --> 01:45:28,940
So, let's pretend it's the February meeting. Anybody see the awarding of the distinguished service thing to buy into? What's that? Unable to do?

1274
01:45:40,510 --> 01:45:48,710
After the, the plate has been reset, we are reconvening to proceed with our meeting and we do have some local laws to consider.

1275
01:45:48,710 --> 01:46:09,210
The first one relates to 250-35, where there are some modifications to the number of days within which I think the building inspector has to respond to certain applications.

1276
01:46:09,210 --> 01:46:12,990
Jen, do you want to give us a little background on this?

1277
01:46:13,190 --> 01:46:13,310
Yeah.

1278
01:46:14,730 --> 01:46:17,550
Or whoever knows something about it.

1279
01:46:18,930 --> 01:46:19,190
Mickey.

1280
01:46:20,190 --> 01:46:28,030
So this comes, the genesis of this local law is, it was a recommendation from the building department to the Board of Trustees.

1281
01:46:30,130 --> 01:46:35,570
Currently in the code, the provisions regarding signs and sign permits.

1282
01:46:36,690 --> 01:46:50,710
The building inspector has five business days after receiving an application for a sign permit to review it for completeness and and then notify the applicant if it is incomplete.

1283
01:46:54,710 --> 01:47:07,130
He has indicated that is an unreasonable and unrealistic time frame based on current and projected future demands and work load.

1284
01:47:07,130 --> 01:47:10,630
and has asked that it be changed to 10 business days instead.

1285
01:47:12,550 --> 01:47:17,950
Something to note, there is no real consequence for

1286
01:47:17,950 --> 01:47:22,890
not deeming an application, complete or incomplete within the five days or

1287
01:47:22,890 --> 01:47:24,330
10 days or however many days.

1288
01:47:25,050 --> 01:47:28,910
We don't have in this legislation currently or

1289
01:47:28,910 --> 01:47:31,890
proposed any default approval provisions.

1290
01:47:33,170 --> 01:47:36,990
So this just gives the building inspector comfort and

1291
01:47:36,990 --> 01:47:46,410
and allows the applicants a more reasonable expectation for when they should receive notice back from the building department as to their application.

1292
01:47:46,730 --> 01:47:49,130
So the building inspector proposed this time period?

1293
01:47:49,470 --> 01:47:49,590
Yes.

1294
01:47:50,270 --> 01:47:51,730
What happens when he's on vacation?

1295
01:47:52,730 --> 01:47:53,450
Does he take a stand?

1296
01:47:53,730 --> 01:47:55,670
It goes away apparently for 11 days.

1297
01:47:56,530 --> 01:48:02,630
No, it's 10 business days, so I think it's a rare occasion when the building inspectors are out for two consecutive weeks.

1298
01:48:03,410 --> 01:48:10,410
But, but I guess from the, even though there's no enforcement ramifications for violating

1299
01:48:10,410 --> 01:48:16,870
it, it still gives the applicant justification to contact the building inspector and find

1300
01:48:16,870 --> 01:48:20,910
out what the status of the application because now it's out of processing time.

1301
01:48:21,990 --> 01:48:29,940
So, I don't think anybody needs it in five days, I really, you know, well, they shall

1302
01:48:31,060 --> 01:48:33,920
So I agree with building inspector on this one.

1303
01:48:34,380 --> 01:48:40,640
Do we have a, is this a reported recommendation that we have or, I mean, we can do this next

1304
01:48:40,640 --> 01:48:45,180
time, but I don't know, does anyone else have any comments regarding this?

1305
01:48:45,560 --> 01:48:53,060
So when he gets a sign permit application, sorry, when we get, when the boom inspector gets

1306
01:48:53,060 --> 01:48:59,400
a sign permit application, this is for sign on a building that, that initially, this

1307
01:48:59,400 --> 01:49:02,640
this application would come to the plan board after he reviews it, or is this a general

1308
01:49:05,740 --> 01:49:07,100
change?

1309
01:49:07,840 --> 01:49:11,740
Because it, you know, I'm not using the mic.

1310
01:49:12,360 --> 01:49:16,960
No, it's not always something that would have to come to the planning board or to the Board of Trustees for review,

1311
01:49:17,120 --> 01:49:20,220
for review, unless it was enlarged or something to that nature.

1312
01:49:20,440 --> 01:49:25,020
Right, unless it's something that triggers planning board review, but there are administrative signs.

1313
01:49:25,040 --> 01:49:26,160
Sign from, oh, okay.

1314
01:49:26,180 --> 01:49:27,680
There is a letter by the building department alone.

1315
01:49:30,740 --> 01:49:34,280
I don't think anyone has any issue with it.

1316
01:49:34,460 --> 01:49:37,000
If you need more time, must they want to hire more staff?

1317
01:49:37,520 --> 01:49:37,600
No.

1318
01:49:38,580 --> 01:49:41,000
So, this is a report and recommendation.

1319
01:49:41,540 --> 01:49:52,760
What we can do is have a motion to authorize me as Village Attorney to draft a report and recommendation consistent with our discussions, giving a positive recommendation back to the Board of Trustees.

1320
01:49:55,140 --> 01:49:59,740
and authorize Chairman Goodman to finalize that report after it's drafted.

1321
01:50:00,020 --> 01:50:03,140
So it's fair, great, very good, Jan.

1322
01:50:03,460 --> 01:50:04,940
Yes, I'll be your head, too.

1323
01:50:05,960 --> 01:50:06,280
Okay.

1324
01:50:06,400 --> 01:50:08,020
Seven minutes, we're going to make it.

1325
01:50:08,240 --> 01:50:10,200
I have a, no, we end up with such pressure.

1326
01:50:10,440 --> 01:50:19,300
So, I have a motion, we'll have a motion, and a second to adopt the resolution to be drafted.

1327
01:50:19,300 --> 01:50:29,680
to authorize the village attorney to draft a resolution, you know, reflecting our approval of the proposed legislation.

1328
01:50:30,580 --> 01:50:32,240
Your positive recommendation.

1329
01:50:32,640 --> 01:50:33,960
Our positive recommendation.

1330
01:50:34,820 --> 01:50:35,500
Move.

1331
01:50:36,020 --> 01:50:36,500
Second.

1332
01:50:40,420 --> 01:50:41,460
Call the roll.

1333
01:50:41,780 --> 01:50:42,180
Mr. Carson.

1334
01:50:42,720 --> 01:50:43,020
Yes.

1335
01:50:43,320 --> 01:50:43,700
The Grizzan.

1336
01:50:44,020 --> 01:50:44,220
Yes.

1337
01:50:44,500 --> 01:50:45,900
Mr. Richman.

1338
01:50:45,920 --> 01:50:46,120
Yes.

1339
01:50:46,520 --> 01:50:47,920
Mr. Tartagna.

1340
01:50:48,260 --> 01:50:48,380
Yes.

1341
01:50:48,600 --> 01:50:49,120
Chairman Goodman.

1342
01:50:49,340 --> 01:50:49,520
Yes.

1343
01:50:49,520 --> 01:50:49,720
Yes.

1344
01:50:51,240 --> 01:50:51,720
Okay.

1345
01:50:52,900 --> 01:50:55,340
The next local law is a-

1346
01:50:55,340 --> 01:50:58,580
I'm sorry, just to go back real quick, usually with our reports and recommendations.

1347
01:50:58,900 --> 01:51:01,320
Oh, we have to refer to the Board of Trustees.

1348
01:51:01,900 --> 01:51:02,040
Yeah.

1349
01:51:02,160 --> 01:51:03,940
He's admitting it, so I was asked for motion.

1350
01:51:03,940 --> 01:51:12,200
Need a motion in the second to transmit the approved report and recommendation to the Board of Trustees.

1351
01:51:12,920 --> 01:51:13,100
Motion.

1352
01:51:13,860 --> 01:51:14,260
Second.

1353
01:51:15,700 --> 01:51:16,580
Mr. Curzon.

1354
01:51:17,020 --> 01:51:17,140
Yes.

1355
01:51:17,580 --> 01:51:18,120
Mr. Grazan.

1356
01:51:18,400 --> 01:51:18,620
Yes.

1357
01:51:18,620 --> 01:51:19,260
Yes, the Marlena.

1358
01:51:19,400 --> 01:51:20,240
Yes, the Churchman.

1359
01:51:20,380 --> 01:51:20,520
Yes.

1360
01:51:20,700 --> 01:51:20,940
We shall.

1361
01:51:21,200 --> 01:51:21,480
Yes.

1362
01:51:22,100 --> 01:51:23,380
Mr. Cartaglia.

1363
01:51:23,600 --> 01:51:24,100
Yes.

1364
01:51:24,360 --> 01:51:24,860
Chairman Goodman.

1365
01:51:25,580 --> 01:51:25,720
Yes.

1366
01:51:28,090 --> 01:51:39,650
Now we get to the more interesting piece of legislation, which is a gun control provision.

1367
01:51:40,830 --> 01:51:41,910
No, it's not.

1368
01:51:42,610 --> 01:51:45,470
It's a site distance provision for.

1369
01:51:45,470 --> 01:51:47,850
It is.

1370
01:51:47,850 --> 01:51:48,770
What does it say?

1371
01:51:49,350 --> 01:51:50,170
It is.

1372
01:51:50,270 --> 01:51:51,130
Exactly what it says.

1373
01:51:51,830 --> 01:51:52,730
It is.

1374
01:51:54,410 --> 01:52:00,530
Mending chapter 250 of the Village Code of Rhybrook to amend, okay, concerning commercial

1375
01:52:00,530 --> 01:52:03,890
storage and display of firearms ammunition and explosives.

1376
01:52:04,570 --> 01:52:08,650
Kagan, if you want, I can give a brief summary of the local law.

1377
01:52:11,710 --> 01:52:19,530
So this is obviously a referred local law from the Board of Trustees and the Board of Trustees

1378
01:52:19,530 --> 01:52:25,670
recognized that under the current code gun shops could locate anywhere in the village's

1379
01:52:25,670 --> 01:52:30,910
commercial or retail area, they would be classified as a retail use and the Board of Trustees

1380
01:52:30,910 --> 01:52:37,430
introduced this local law as a proactive measure to regulate where that particular type of

1381
01:52:37,430 --> 01:52:46,430
retail use can locate. So what this proposed local law does is it it regulates the commercial

1382
01:52:46,430 --> 01:52:53,190
storage and display of firearms ammunition and explosives sort of in more colloquial

1383
01:52:53,190 --> 01:53:01,130
terms we can just call it a gun shop. It restricts those uses to being located in shopping

1384
01:53:01,130 --> 01:53:08,030
center and at least a certain distance from educational and religious uses and it's subject

1385
01:53:08,030 --> 01:53:10,250
to a special permit issued by the Board of Trustees.

1386
01:53:12,610 --> 01:53:19,610
So in that regard it amends section 250-6H which is the special permit section to provide

1387
01:53:19,610 --> 01:53:25,130
standards for the Board of Trustees to review and issuing the special permit and other requirements

1388
01:53:25,130 --> 01:53:31,590
And it also amends the OBS and the C1P district where shopping centers are currently located

1389
01:53:31,590 --> 01:53:35,490
to allow that particular use by special permit.

1390
01:53:36,690 --> 01:53:44,150
In general, municipalities are not allowed to ban the use altogether because it would

1391
01:53:44,150 --> 01:53:45,150
violate the Second Amendment.

1392
01:53:45,950 --> 01:53:50,370
But municipalities can regulate the location of this particular use.

1393
01:53:50,370 --> 01:53:57,250
It's sort of a similar regulatory scheme, you could say to like a liquor store or an adult book store or something like that.

1394
01:53:58,630 --> 01:54:04,450
The distance requirement is something that the Board of Trustees specifically asked the planning board to look at.

1395
01:54:05,370 --> 01:54:20,190
And there's really, there's a balance there because the distance from an educational or religious use and the proposed gun shop needs to be obviously a sufficient distance to provide that buffer that you're looking for.

1396
01:54:20,190 --> 01:54:22,430
How about 5,280 people?

1397
01:54:23,270 --> 01:54:27,010
But, and that's a great dovetail into my second comment,

1398
01:54:27,210 --> 01:54:30,010
but it can't effectively ban the use.

1399
01:54:31,690 --> 01:54:33,750
So, you know, if I can't burden the right,

1400
01:54:33,870 --> 01:54:37,850
I can't burden the right, the attorneys themselves.

1401
01:54:37,850 --> 01:54:41,690
I mean, put it to the chase, as I understand

1402
01:54:42,370 --> 01:54:44,350
the concept of this.

1403
01:54:44,350 --> 01:54:57,870
The place where a gun shop would probably be located, we would, based on the restriction would be somewhere in the shopping center.

1404
01:54:58,410 --> 01:55:03,090
It would be required, it would only be allowed in a shopping center.

1405
01:55:03,270 --> 01:55:05,510
It couldn't be located anywhere else.

1406
01:55:05,630 --> 01:55:06,710
Only in a shopping center.

1407
01:55:06,710 --> 01:55:14,690
And how far away is the, now, you say in the regulation it says, from the nearest

1408
01:55:14,690 --> 01:55:20,130
point of the portion of the building used for storage or display of the, of the,

1409
01:55:20,310 --> 01:55:25,590
of the, of the, of the, of the, of the fire arms ammunition explosive, to the nearest

1410
01:55:25,590 --> 01:55:30,650
point of the lot line of the property with a public or private school or a religious

1411
01:55:30,650 --> 01:55:31,170
institution.

1412
01:55:31,170 --> 01:55:32,730
really just institution.

1413
01:55:33,090 --> 01:55:41,250
And so this, the handouts that we have, this illustrates what the how that distance

1414
01:55:41,250 --> 01:55:42,770
is supposed to be calculated.

1415
01:55:43,050 --> 01:55:45,130
So there's a number of handouts that I gave you.

1416
01:55:45,390 --> 01:55:53,470
A couple of the handouts, the color copies are from the Wester's County GIS.

1417
01:55:53,470 --> 01:55:53,670
Yes.

1418
01:55:53,870 --> 01:55:54,530
You don't have enough?

1419
01:55:54,530 --> 01:55:54,710
No.

1420
01:55:55,230 --> 01:55:55,850
I need a car here.

1421
01:55:55,930 --> 01:55:56,730
I should have one more.

1422
01:55:56,810 --> 01:55:59,870
I should have one more.

1423
01:55:59,870 --> 01:56:00,170
Yeah.

1424
01:56:00,450 --> 01:56:00,590
Okay.

1425
01:56:00,650 --> 01:56:01,530
Everyone have them now?

1426
01:56:02,070 --> 01:56:03,550
There's another one.

1427
01:56:03,850 --> 01:56:04,150
Sorry.

1428
01:56:04,510 --> 01:56:04,630
Yeah.

1429
01:56:05,050 --> 01:56:10,950
So there should be a stapled set of color copies and then two black and white.

1430
01:56:11,950 --> 01:56:13,350
It's not the same copy.

1431
01:56:13,610 --> 01:56:13,670
Right?

1432
01:56:14,170 --> 01:56:14,390
Okay.

1433
01:56:14,570 --> 01:56:15,150
One copy.

1434
01:56:15,510 --> 01:56:16,190
It's two pages.

1435
01:56:16,750 --> 01:56:17,750
Robert has a more.

1436
01:56:17,950 --> 01:56:18,990
I am sorry.

1437
01:56:19,690 --> 01:56:20,690
I got it.

1438
01:56:20,730 --> 01:56:21,310
We got it.

1439
01:56:21,330 --> 01:56:21,630
We did it.

1440
01:56:21,630 --> 01:56:22,550
We did our job.

1441
01:56:24,190 --> 01:56:25,350
It's not a distributor.

1442
01:56:25,810 --> 01:56:27,270
No, I don't know what this is.

1443
01:56:27,530 --> 01:56:28,850
I had no clue with that.

1444
01:56:30,410 --> 01:56:36,990
Jennifer, so you had said that with this boundary, just this 500 feet, for example.

1445
01:56:37,770 --> 01:56:40,850
So it can't be within the 500 feet of the school.

1446
01:56:41,550 --> 01:56:46,410
I can see it can be to the corner of the shop in center where a dagosteen was.

1447
01:56:46,410 --> 01:56:52,230
was so now and then I heard Robert say although it can be there but it can't be

1448
01:56:52,230 --> 01:56:55,590
it we can say it can only be in this shopping center we can actually say

1449
01:56:55,590 --> 01:57:01,830
that the way the law is drafted is it has to be in a shopping center there are

1450
01:57:01,830 --> 01:57:05,570
only two shopping centers right in Rhybrook there's the Rhyrid shopping center

1451
01:57:05,570 --> 01:57:10,690
and there's Washington Plaza they're both adjacent to they're both within 500 feet

1452
01:57:10,690 --> 01:57:12,450
of a school or a high school or a school.

1453
01:57:12,570 --> 01:57:16,310
Well, let's talk about Rye Ridge first, okay?

1454
01:57:16,690 --> 01:57:19,250
So, Rye Ridge, there are portions, and this is demonstrated.

1455
01:57:19,410 --> 01:57:27,290
If you look at the color map from the Westchester County GIS mapping data, the first

1456
01:57:27,290 --> 01:57:35,650
page shows a depiction of the boundary, 500 feet, from the boundaries of the Portchester

1457
01:57:35,650 --> 01:57:40,670
Union Free School District school, across the street from Rye Ridge.

1458
01:57:40,670 --> 01:57:48,650
plaza. So basically what it says is if you look at the aerial photo below, falling within

1459
01:57:48,650 --> 01:57:55,630
the 500 feet is the, that's our back building that's mostly medical offices. Most of the

1460
01:57:55,630 --> 01:58:02,470
portion of Ryward shopping center that has like the, the part with Starbucks and what else

1461
01:58:02,470 --> 01:58:07,970
it should put like that area, that leg of the shopping center falls within the 500 feet.

1462
01:58:07,970 --> 01:58:15,690
But the other part where, like, Dagsdenos is proposed, and then the upper plaza is it called the plaza?

1463
01:58:15,950 --> 01:58:18,530
That upper, yeah, where Lenny's house is in there.

1464
01:58:19,370 --> 01:58:22,090
That is also outside of the 500 feet.

1465
01:58:22,250 --> 01:58:29,650
So what this local law would do if the 500 feet was the chosen distance, it would limit gun shops to being

1466
01:58:29,650 --> 01:58:35,210
located in the portions of the Ryridge Shopping Center outside of that red bubble.

1467
01:58:36,330 --> 01:58:39,170
So, away from the school property.

1468
01:58:40,650 --> 01:58:46,810
No, could we just say we would love gun shops in a certain area as well without, say, in 500 feet?

1469
01:58:47,430 --> 01:58:52,710
Can we say we only want gun shops between the cleaners and the nails line?

1470
01:58:53,470 --> 01:58:58,210
Well, we can't guarantee that a year from now it's still going to be the cleaners and it's still going to be the nails line.

1471
01:58:58,270 --> 01:59:06,700
That section, I'm sorry, I don't mean that would be, that would be, I suppose that would be a

1472
01:59:06,700 --> 01:59:11,660
another way instead of instead of putting in any shopping center what I'm saying is and this is

1473
01:59:11,660 --> 01:59:17,980
probably a low risk if that portion of this site if the building was right in five years

1474
01:59:17,980 --> 01:59:22,520
changed demolished and something you would have to change the zone we'd have to change our

1475
01:59:22,520 --> 01:59:28,960
regulations yeah I mean I'm just thinking if you look at this if you look at this and you say

1476
01:59:28,960 --> 01:59:33,740
where would you want a gun shop well you want it on the main I think on the main drag will be a

1477
01:59:33,740 --> 01:59:37,340
us be better to have it there than in the shopping center where there's more

1478
01:59:37,340 --> 01:59:41,660
congested of people, more ideas, more suggestions, more kids, and the shopping

1479
01:59:41,660 --> 01:59:45,960
says whereas on the main drag I think it'd be a better place to have it. You know

1480
01:59:45,960 --> 01:59:49,740
on that main corridor rather than in the shopping center at all.

1481
01:59:49,780 --> 01:59:54,040
On the bank side? Yes. Yes. So in the seat of the bank.

1482
01:59:55,800 --> 01:59:59,400
We keep another bank. I'm just you know.

1483
02:00:00,000 --> 02:00:07,240
That's my thought. Well, I mean, I think the theory behind this is that you do not want to

1484
02:00:08,540 --> 02:00:14,700
necessarily promote, to promote it, to promote it. So you don't want it on the main

1485
02:00:14,700 --> 02:00:20,500
drag. You want it more in the interior where people are less likely to. Well, that

1486
02:00:20,500 --> 02:00:25,220
mean drag, I think, is less noticeable than in the jams. Do you think so? I mean, I've never

1487
02:00:25,220 --> 02:00:30,440
go into the shop. I'm always on, I'm always outside with the, you know, where the rest

1488
02:00:30,440 --> 02:00:35,120
are and things. I mean, the back where the medical facilities are, that's less traffic.

1489
02:00:36,400 --> 02:00:41,020
Yes, it's also close to the seals from the high school field, at the junior high field,

1490
02:00:41,180 --> 02:00:46,880
you couldn't do that. So if I could just quickly go through the rest of the handouts and then maybe

1491
02:00:46,880 --> 02:00:52,940
we can kind of open up the discussion a little more. So there's two other sheets that are color copy.

1492
02:00:52,940 --> 02:01:00,100
be the second one just provides the 400 foot diameter or radius I should say.

1493
02:01:01,200 --> 02:01:03,440
That was also thought about by the Board of Trustees.

1494
02:01:04,380 --> 02:01:09,500
And then the last sheet shows Washington Plaza property.

1495
02:01:09,940 --> 02:01:17,380
It's actually, yeah, the highlighted and yellow property is the, I should have, yeah, the

1496
02:01:17,380 --> 02:01:22,060
highlighted and yellow part is Garibaldi Park, Washington Park Plaza is the property immediately

1497
02:01:22,060 --> 02:01:31,540
to the north. So really no matter what distance is chosen, I mean I think it's going to block out

1498
02:01:31,540 --> 02:01:36,220
Washington Park Plaza. So one thing the board may want to consider recommending to the board of

1499
02:01:36,220 --> 02:01:43,000
trustees is just eliminating the gun shops as a special permit use in the OBS district altogether

1500
02:01:43,000 --> 02:01:49,760
if any distance at all is going to preclude it from being there. That's just my thought.

1501
02:01:50,660 --> 02:01:58,640
The other handouts you have, the black and white, these were generated, but Mike, you did these, right?

1502
02:01:59,000 --> 02:02:06,480
These are just, and Mike correct me if I'm wrong, but they're just illustrative of what the distance would be.

1503
02:02:06,880 --> 02:02:15,480
If you look at the 700 and the one shown 750 feet, it's from the poor Chester Middle School building,

1504
02:02:16,360 --> 02:02:23,580
the edge of their building extending 750 feet, so you see it doesn't even get into the boundaries of

1505
02:02:23,580 --> 02:02:24,280
Rybrook.

1506
02:02:26,220 --> 02:02:29,380
That's the building or the property.

1507
02:02:30,360 --> 02:02:36,680
This is measured from the building. I think at the time these were generated, we were kind of playing around with

1508
02:02:36,680 --> 02:02:39,280
should it be measured from the sensitive receptors?

1509
02:02:39,720 --> 02:02:44,560
Lotline should it be measured from the sensitive receptors building and the thought was to measure

1510
02:02:44,560 --> 02:02:50,620
from the lot line because the applicant coming forward it's going to be hard for them to have

1511
02:02:50,620 --> 02:02:57,700
the survey information to determine the distance from another property owner's building to their

1512
02:02:57,700 --> 02:03:05,100
proposed location. So also the lot line is a fixed point. The building may change you put

1513
02:03:05,100 --> 02:03:08,900
additions on the building. So that's a fluid thing the lot is not.

1514
02:03:08,900 --> 02:03:18,740
Right. So, I mean, are these lines connecting lot lines? Are they actually, because the law doesn't seem to

1515
02:03:18,740 --> 02:03:23,240
talk about nearest point of the portion of the building.

1516
02:03:23,680 --> 02:03:29,180
So, it talks about actual buildings and structures and figuring out what distances are.

1517
02:03:29,780 --> 02:03:38,880
I mean, is that, oh, so this is-

1518
02:03:38,880 --> 02:03:48,220
the religious institution, to the space of the given tenancy, so not just like the

1519
02:03:48,220 --> 02:03:55,240
Rye Ridge building in general, but the actual tenancy space within the building.

1520
02:03:55,760 --> 02:04:01,800
So the nearest point of that space to the nearest lot line of sensitive receptor.

1521
02:04:01,800 --> 02:04:31,780
But maybe even more restrictive if you go to the lot line of the school of yeah, yeah, well if you look I mean the three, four hundred and five hundred feet are theoretically from the lot line to a portion of the

1522
02:04:31,780 --> 02:04:42,340
Why don't we just say why don't we take the shopping center notion out of it and just say can't you can't have a gun shop within a thousand feet of the receptor period?

1523
02:04:46,640 --> 02:04:56,520
I think the concern there is you would effectively ban gun shops because I think almost all right.

1524
02:04:56,520 --> 02:05:03,240
I mean, just a thousand feet almost extends in some instances outside of, of, of Rybrook.

1525
02:05:03,940 --> 02:05:07,840
It would encompass probably all of Rybrook shopping center.

1526
02:05:08,080 --> 02:05:16,440
And if you think about where the other commercial areas, you've got the main drag up and down southward street,

1527
02:05:16,440 --> 02:05:20,400
which, you know, there's very views on the board as to whether they should be allowed there.

1528
02:05:21,660 --> 02:05:32,800
You have a number of schools, you've got the Portchester middle school, and then the other school across Corpus Christi.

1529
02:05:32,880 --> 02:05:39,740
So there's so many sensitive receptors that maybe, well, maybe, maybe we're throwing about it.

1530
02:05:39,940 --> 02:05:42,280
Maybe we should think about it the opposite way.

1531
02:05:42,380 --> 02:05:47,600
We're trying to figure out places to exclude the potential gun shop.

1532
02:05:47,600 --> 02:05:52,840
Maybe the way we should do it is if we're going to put them somewhere where we want them.

1533
02:05:53,340 --> 02:05:58,560
And then at least the criteria is fairly straightforward.

1534
02:05:59,460 --> 02:06:06,340
Otherwise, I mean, look, if you're framing one of these laws in order to insulate it

1535
02:06:06,340 --> 02:06:10,260
from potential legal action, the more complicated it is, the more you're going to be vulnerable.

1536
02:06:12,820 --> 02:06:17,480
And you might as well just say ban it completely and then take the chance if someone's

1537
02:06:17,480 --> 02:06:22,380
going to sue, and then back up when you get the court decision defining what can be done.

1538
02:06:22,580 --> 02:06:32,060
But if you're going to, the simplest thing would be to figure out what area you would put

1539
02:06:32,060 --> 02:06:35,480
them in, and then restrict them to that area.

1540
02:06:40,410 --> 02:06:46,650
Is the commercial property from Washington Park Plaza all the way to the bank?

1541
02:06:46,990 --> 02:06:47,150
TD?

1542
02:06:47,290 --> 02:06:47,890
Is it TD bank?

1543
02:06:48,790 --> 02:06:49,730
Yeah, it's Wells Fargo.

1544
02:06:50,170 --> 02:06:52,130
the corner on Ridge Street and Bowman.

1545
02:06:52,570 --> 02:06:53,990
Oh, on Ridge Street and Bowman.

1546
02:06:54,210 --> 02:06:54,970
What is that?

1547
02:06:55,270 --> 02:06:55,690
TD.

1548
02:06:56,190 --> 02:06:57,710
Is that all commercial property right there,

1549
02:06:57,810 --> 02:06:58,870
even those residential homes?

1550
02:07:01,320 --> 02:07:02,320
It's pretty much now.

1551
02:07:02,460 --> 02:07:03,220
This is maybe one house.

1552
02:07:03,220 --> 02:07:06,000
There's only maybe one house right there, right?

1553
02:07:06,900 --> 02:07:08,820
I mean, that one strip, that's it.

1554
02:07:09,180 --> 02:07:11,120
I mean, you know, I'm out of where you got to go, but-

1555
02:07:11,120 --> 02:07:12,540
Need for a Bowman to Westchester out there?

1556
02:07:12,540 --> 02:07:12,760
Yeah.

1557
02:07:13,040 --> 02:07:13,380
No.

1558
02:07:13,880 --> 02:07:17,040
From Bowman to Washington Park Plaza.

1559
02:07:17,040 --> 02:07:17,980
Washington Park Plaza.

1560
02:07:18,280 --> 02:07:20,220
You know, up to the Plaza Shopping Center.

1561
02:07:20,220 --> 02:07:22,620
So the shopping centers are off-limits, just that strip,

1562
02:07:24,750 --> 02:07:30,330
just if that can be if it's relatively legal and doesn't, you know.

1563
02:07:31,370 --> 02:07:32,750
Or on Bowman Avenue.

1564
02:07:33,410 --> 02:07:38,690
Or while there's a couple, there's like about three stores that are in Rybrook, I think they're right.

1565
02:07:39,030 --> 02:07:44,670
From Westchester Avenue, the Bowman strip before you get to Portchester.

1566
02:07:45,430 --> 02:07:48,150
There's like two store, I think there's like two businesses that are in.

1567
02:07:49,610 --> 02:07:56,030
I hate to impress upon your input on this, but I mean, I'd be interested in knowing

1568
02:07:56,030 --> 02:08:01,030
because this sounds like it was this hotly debated, you know, among the trustees,

1569
02:08:01,750 --> 02:08:06,950
whether or not we're going talking about the same things you're talking about.

1570
02:08:07,110 --> 02:08:11,550
I don't want to completely reinvent the wheel if there are reasons I watched it.

1571
02:08:12,610 --> 02:08:13,220
You watched it.

1572
02:08:13,850 --> 02:08:14,470
It wasn't hotly debate.

1573
02:08:15,710 --> 02:08:22,490
We were, what they did say is that they wanted us to deal only, only with the distance

1574
02:08:22,490 --> 02:08:24,010
issues and nothing else.

1575
02:08:24,270 --> 02:08:28,350
Well, no, they said that was one of the things they wanted you to deal with, but they didn't want

1576
02:08:28,350 --> 02:08:35,230
to get into the ethics of it or the, you know, the gun control aspect, the second amendment,

1577
02:08:35,470 --> 02:08:39,530
that if this is a planning and zoning issue, it's not a, how do you feel about that?

1578
02:08:39,530 --> 02:09:02,610
But I mean, but, but there are, you know, we have certain areas of the village that are zoned for particular purposes, and one way of looking at it is that you try to use the liquor store adult bookstore paradigm and say, okay, within a certain radius of certain sensitive areas, you can't have this.

1579
02:09:02,610 --> 02:09:08,270
But the other way is is demarcating a particular area and zoning

1580
02:09:08,270 --> 02:09:12,890
for a particular purpose.

1581
02:09:13,310 --> 02:09:14,850
That's the other way of looking at it.

1582
02:09:17,590 --> 02:09:19,730
So you an expert on the map.

1583
02:09:19,990 --> 02:09:24,410
You can bring that out because we're talking about

1584
02:09:24,410 --> 02:09:27,070
like different commercial areas.

1585
02:09:27,490 --> 02:09:28,670
So where's that was just?

1586
02:09:28,910 --> 02:09:29,370
Oh, is that.

1587
02:09:29,370 --> 02:09:33,010
And where's the rich team?

1588
02:09:33,290 --> 02:09:34,670
I should have my pointer.

1589
02:09:35,150 --> 02:09:35,450
Jesus.

1590
02:09:36,070 --> 02:09:38,290
So here's Rhybrid Shopping.

1591
02:09:38,290 --> 02:09:38,710
Oh, OK.

1592
02:09:39,010 --> 02:09:39,130
OK.

1593
02:09:39,310 --> 02:09:43,050
C1P District, that's the only, I think that's the only, right?

1594
02:09:43,210 --> 02:09:44,770
That's the only C1P District.

1595
02:09:45,170 --> 02:09:45,310
Yes.

1596
02:09:45,790 --> 02:09:46,610
The Rhybrid Shopping.

1597
02:09:46,690 --> 02:09:46,850
Right.

1598
02:09:47,250 --> 02:09:47,710
The OBS.

1599
02:09:47,970 --> 02:09:50,390
OBS down here is Washington Plaza.

1600
02:09:50,890 --> 02:09:51,030
Right.

1601
02:09:51,090 --> 02:09:57,110
The only other OBS is what we had before us, night, night,

1602
02:09:57,230 --> 02:09:57,930
night, night, night, night, night, night.

1603
02:09:57,930 --> 02:10:08,930
Yeah, so it's really nice to but I think Sally we're talking about yeah, what's that strip there this is the C1 district right here

1604
02:10:15,170 --> 02:10:20,670
Only half the street only on one side one side of the street, right

1605
02:10:31,480 --> 02:10:41,480
I'm sure it is, are there any other, you know, go into municipalities in the West Chester that have any sort of legislation?

1606
02:10:41,900 --> 02:10:42,320
Arison.

1607
02:10:42,740 --> 02:10:43,080
Sorry.

1608
02:10:43,960 --> 02:10:55,760
Are there any other areas in West Chester County that actually have sort of a developed legislation in this area or is this completely novel?

1609
02:10:55,760 --> 02:11:02,520
I don't know if there's any zoning restrictions related to gun shops.

1610
02:11:02,920 --> 02:11:09,160
There are certainly restrictions related to adult bookstores, to massage parlors, to

1611
02:11:09,160 --> 02:11:18,620
you know, stores, that's standard zoning practice, that's all over the state.

1612
02:11:19,550 --> 02:11:25,320
How about New York City, I mean, can New York City have a gun shop in New York City?

1613
02:11:26,560 --> 02:11:36,560
I never I never researched the city has its own set of rules. I don't know what the rules for gun shops are.

1614
02:11:36,980 --> 02:11:44,540
So when my office was drafting this local law, we did research into whether there are other examples that we can use.

1615
02:11:45,640 --> 02:11:53,680
And we came up with the village of Fiskel, limits the location of gun shops to the planning industry district,

1616
02:11:53,680 --> 02:11:56,260
subject to the issuance of approval of a special permit.

1617
02:11:56,360 --> 02:11:56,960
Certain location.

1618
02:11:57,600 --> 02:11:59,800
So they use certain locations?

1619
02:11:59,980 --> 02:12:00,880
Yes, district, okay.

1620
02:12:01,360 --> 02:12:06,260
The town of Pittsburgh, which I don't actually know where it is, but the town of Pittsburgh.

1621
02:12:06,760 --> 02:12:06,900
Okay.

1622
02:12:08,460 --> 02:12:15,400
Allows ammunition and firearm sales as a permitted use without any type of review in a light industrial

1623
02:12:15,400 --> 02:12:16,060
district.

1624
02:12:17,200 --> 02:12:21,060
Ridgefield, New Jersey, allows gun shops as special.

1625
02:12:21,060 --> 02:12:25,820
Why don't we think that prohibiting them all together is unconstitution?

1626
02:12:26,420 --> 02:12:30,680
Who came up with, well, they're a law that says the Supreme Court has said that.

1627
02:12:31,340 --> 02:12:31,600
Second.

1628
02:12:32,540 --> 02:12:37,280
The Ninth Circuit is the only certain point that's ruled on whether the Second Amendment

1629
02:12:37,280 --> 02:12:38,100
Right.

1630
02:12:39,480 --> 02:12:42,260
Now, now, now, now you start to say your keys.

1631
02:12:43,420 --> 02:12:44,340
Introduce yourself.

1632
02:12:45,300 --> 02:12:47,140
Yes, sir.

1633
02:12:47,680 --> 02:12:48,560
Highs are retired.

1634
02:12:48,720 --> 02:12:50,080
Harrison has a gun shop.

1635
02:12:50,400 --> 02:12:51,100
That's why it will.

1636
02:12:51,180 --> 02:12:55,960
Only the ninth circuit, to the best of my knowledge, has ruled on whether the Second Amendment

1637
02:12:55,960 --> 02:13:00,660
right to bear arms includes the right to buy and sell arms.

1638
02:13:01,300 --> 02:13:03,460
The Supreme Court has not ruled on that yet.

1639
02:13:04,200 --> 02:13:06,180
The second circuit hasn't ruled upon it yet.

1640
02:13:07,020 --> 02:13:12,420
I voted against referring it to the planning board because I thought that these

1641
02:13:12,420 --> 02:13:16,800
this attempt is sort of like jumping through hoops trying to find the one

1642
02:13:16,800 --> 02:13:21,900
square inch we can open up a gun shop with ridiculous. I felt as if basically

1643
02:13:21,900 --> 02:13:26,820
we should have a little bit of courage and say no gun shops in the village of

1644
02:13:26,820 --> 02:13:32,100
Right. I'm I'm all agreement with this all came about because Harrison has a gun

1645
02:13:32,100 --> 02:13:34,040
chap. Exactly. That's why it came up that.

1646
02:13:34,700 --> 02:13:36,960
All right. You want to go on? Well, Jennifer,

1647
02:13:39,120 --> 02:13:42,200
we say we say okay, no gun shops in

1648
02:13:42,200 --> 02:13:47,160
Ribera, but ultimately with the village

1649
02:13:47,160 --> 02:13:52,900
you get sued or we would just sue financial or just I mean it could be it could be it

1650
02:13:52,900 --> 02:14:00,500
could be both. And if you lose, which we remember guys were going into an arrow where the

1651
02:14:01,060 --> 02:14:04,700
power is that you're looking at these things are not saying we should prohibit it.

1652
02:14:04,760 --> 02:14:06,500
No, it's just saying it should not be permitted.

1653
02:14:06,500 --> 02:14:07,280
This isn't right.

1654
02:14:07,520 --> 02:14:08,160
It's a big difference.

1655
02:14:08,400 --> 02:14:08,500
Right.

1656
02:14:09,540 --> 02:14:14,060
Well, just so you understand the reason it came up and down in circuit, the name is because

1657
02:14:14,060 --> 02:14:19,720
people wanted to open up a gun shop and they were banned. And so I think it was the NRA

1658
02:14:19,720 --> 02:14:24,780
I don't want to say it definitely was, but it was probably the NRA finance lawsuit, okay?

1659
02:14:25,320 --> 02:14:31,200
If we were to prohibit it universally, there's a good chance we may face a similar lawsuit

1660
02:14:31,200 --> 02:14:33,180
if somebody wants to open up a gun shop.

1661
02:14:33,620 --> 02:14:43,460
But more than that, if we don't have a regulation in place to at least come to some sort of

1662
02:14:43,460 --> 02:14:48,940
So you can go for a resolution then and and let's say there is you have a complete ban

1663
02:14:48,940 --> 02:14:55,760
Let's say you have someone that the sides there either set up to challenge the law, which could very well be the case or

1664
02:14:56,500 --> 02:14:59,960
An actual gun shop comes into the village and is

1665
02:15:03,560 --> 02:15:29,700
Now, if the ban is overturned, then they get to put it wherever they want. Now, at least if we try to be a maybe proactive, that we can't, now it doesn't guarantee that we may not be challenged, because we could be challenged. But it just seems to me that we have a better chance of arguing that there's a rational basis for the regulation and be able to control what otherwise

1666
02:15:30,360 --> 02:15:49,500
I mean, we could take a principal view and say we don't want guns anywhere, but I think that that's unrealistic because what is going to happen, I think, over the next number of years is that villages like us are going to be at the other end of lawsuits with test cases on these local bands.

1667
02:15:49,500 --> 02:15:58,600
and not only is it a huge waste of resources to be battling these things, but the chances

1668
02:15:58,600 --> 02:16:07,160
are they'll probably loosen the band or abrogate the band and let the plaintiff go wherever

1669
02:16:07,160 --> 02:16:07,980
they want to go.

1670
02:16:08,540 --> 02:16:13,860
And I just think that we can at least try to restrict that to an extent.

1671
02:16:15,120 --> 02:16:17,480
So I think there's some rationality in it.

1672
02:16:17,480 --> 02:16:27,220
But I mean, the mayor, I think, made it, you know, as indicated that the problem with

1673
02:16:27,220 --> 02:16:32,440
the Harrison situation is that the administration was really caught with this.

1674
02:16:32,740 --> 02:16:34,760
They had no restrictions whatsoever.

1675
02:16:35,120 --> 02:16:39,900
They could not tell this person that they couldn't put the gun shop next to a synagogue

1676
02:16:39,900 --> 02:16:43,940
or a church or right across the way from grade school kids.

1677
02:16:43,940 --> 02:16:50,360
So the idea is to head off with some sort of regulation, some sort of restrictions.

1678
02:16:51,420 --> 02:16:59,000
But I do agree that I think that we are in a way really jumping through hoops trying

1679
02:16:59,000 --> 02:17:02,820
to figure out a mathematical way of doing this.

1680
02:17:03,640 --> 02:17:13,880
I'm more inclined to find a region which can be zoned for these entities and simply make

1681
02:17:13,880 --> 02:17:15,400
make sure that that's where they are.

1682
02:17:15,740 --> 02:17:26,960
What about the area behind Chase, go that strip where you come down from the upper, the

1683
02:17:26,960 --> 02:17:33,820
upper, where Lenny's is and you come down to, to Riharich and you, you come left instead

1684
02:17:33,820 --> 02:17:37,980
of going straight like you were going to go to the bank or go to the main shopping center.

1685
02:17:38,140 --> 02:17:43,900
You go left and there's this strip where the Tuxedo place was where the, the, the, the

1686
02:17:44,780 --> 02:17:50,720
That's a nice, little way place. I must tell you that 4 out of 5 trustees would

1687
02:17:50,720 --> 02:17:56,140
agree with your efforts to try to find some place to put a gun shop. I just don't approve

1688
02:17:56,140 --> 02:18:00,820
of that. You will never sell me on the idea that there should be a gun shop in the village

1689
02:18:00,820 --> 02:18:06,600
of Rape. I don't disagree with that, but we were charged with, we were specifically charged

1690
02:18:06,600 --> 02:18:11,240
with not getting into that. I understand that, and that's why I voted against this.

1691
02:18:11,240 --> 02:18:15,220
No, no, I don't think we have, I mean, if it's my, if it's, no, what I'm interested

1692
02:18:18,020 --> 02:18:24,680
David in finding out is that in the discussions that in the discussions that the trustees

1693
02:18:24,680 --> 02:18:28,500
had, there are two ways of approaching this.

1694
02:18:29,020 --> 02:18:37,040
One way is presented in the draft law, which is to find a radius that will restrict, use mathematics

1695
02:18:37,040 --> 02:18:38,860
to try to restrict these entities.

1696
02:18:38,860 --> 02:18:43,480
The other way of doing it is by identifying a particular region and restricting them to

1697
02:18:43,480 --> 02:18:44,160
that region.

1698
02:18:44,640 --> 02:18:52,000
Did the Board of Trustees consider where these entities should be as opposed to trying

1699
02:18:52,000 --> 02:18:52,820
to figure out?

1700
02:18:53,300 --> 02:18:53,460
No.

1701
02:18:53,880 --> 02:18:56,180
It was purely a mathematical attempt.

1702
02:18:56,340 --> 02:18:59,480
Well, what's the magical four, five, or six hundred feet?

1703
02:18:59,480 --> 02:19:00,460
What's so arbitrary?

1704
02:19:00,660 --> 02:19:01,040
That's it.

1705
02:19:01,220 --> 02:19:01,680
That's it.

1706
02:19:01,860 --> 02:19:04,780
You put it in the shopping center and work away from it.

1707
02:19:04,860 --> 02:19:07,520
Well, John, instead of what Dan was saying, if you're making a thousand feet, you've pretty

1708
02:19:07,520 --> 02:19:10,760
much done what I would like to do, which is you've eliminated the possibility of

1709
02:19:10,760 --> 02:19:13,900
being a gunstorm riper, although you're not saying that they're banned, you're

1710
02:19:13,900 --> 02:19:18,260
merely saying it can't be worth it, but you see that's the sort, but you see

1711
02:19:18,260 --> 02:19:22,740
that's the sort of thinking that ends up in lawsuits, because when you try to use

1712
02:19:22,740 --> 02:19:27,560
the mathematics to basically eliminate the right, then you're going to be

1713
02:19:27,560 --> 02:19:32,800
challenged on that. It's going to be considered a pretextual. So just go with

1714
02:19:32,800 --> 02:19:39,180
shopping just find a place I think we should just find a place that is that is

1715
02:19:39,180 --> 02:19:44,120
not completely inaccessible but inaccessible enough or maybe a couple of

1716
02:19:44,120 --> 02:19:47,700
regions and say these are areas where if you're going to put in such entities

1717
02:19:47,700 --> 02:19:52,960
that's where they should go and and at least be transparent about it as opposed

1718
02:19:52,960 --> 02:19:59,560
to doing all this I mean I don't know it's like it's arbitrary it's arbitrary I

1719
02:19:59,560 --> 02:20:05,820
I think it was structured based on, and I was getting to some of the examples.

1720
02:20:06,300 --> 02:20:11,540
It was structured based on other examples of the way other municipalities have regulated gun shops.

1721
02:20:11,840 --> 02:20:17,020
And one of them is Ridgefield, New Jersey, has a law that says it's by special permit.

1722
02:20:17,100 --> 02:20:21,440
And it says the businesses can't be located within 100 feet of any public or

1723
02:20:21,440 --> 02:20:25,980
private school, or within 100 feet of any religious institution.

1724
02:20:25,980 --> 02:20:31,680
And if the business is located within a thousand feet of those sensitive receptors,

1725
02:20:32,360 --> 02:20:36,160
then there's certain restrictions that are placed on them regarding display,

1726
02:20:36,640 --> 02:20:43,080
and basically display of the guns visible to people passing by.

1727
02:20:43,900 --> 02:20:48,180
There's also the city of Albany and

1728
02:20:48,180 --> 02:20:54,640
the city of Rochester also have regulations regulating gun shops.

1729
02:20:54,640 --> 02:21:00,900
these are in addition to zoning, they're more regulating other aspects of gun shops.

1730
02:21:01,020 --> 02:21:01,720
What about signs?

1731
02:21:01,960 --> 02:21:03,660
Can we regulate no signs?

1732
02:21:05,810 --> 02:21:10,830
I think that would be a big content base, so when you're, that's a free speech issue.

1733
02:21:11,050 --> 02:21:11,170
Yeah.

1734
02:21:11,410 --> 02:21:13,710
And when you're targeting a specific content.

1735
02:21:13,710 --> 02:21:16,850
But for instance, the second to the first.

1736
02:21:17,110 --> 02:21:19,630
The displays could probably be regulated.

1737
02:21:19,950 --> 02:21:20,490
I agree.

1738
02:21:21,150 --> 02:21:25,870
Signage may be much more problematic, but displays how, how does the

1739
02:21:25,870 --> 02:21:33,250
So what happens when the ride town Hilton wants to have a gun show and this nice big 10, 8,000 square foot tent?

1740
02:21:33,970 --> 02:21:36,170
They can't. They can't.

1741
02:21:36,230 --> 02:21:37,810
What do you mean they can't?

1742
02:21:38,350 --> 02:21:43,050
So the current zoning code which dates back to the town of Rye, right?

1743
02:21:43,950 --> 02:21:45,890
Basically, it's real dated, okay?

1744
02:21:46,230 --> 02:21:47,290
We know that for a fact.

1745
02:21:48,090 --> 02:21:55,230
There's no table of uses and permitted zones and one of the uses, there's no gun shop in the code.

1746
02:21:55,810 --> 02:21:56,530
It's a retail case.

1747
02:21:58,210 --> 02:22:05,910
Some zone encodes specifically, say, laundromat, beauty salon, and gun shop isn't

1748
02:22:05,910 --> 02:22:06,550
one of the uses.

1749
02:22:09,010 --> 02:22:12,690
I think it should be located like Southside and in a specific zone.

1750
02:22:12,810 --> 02:22:13,910
For example, C1 zone.

1751
02:22:13,970 --> 02:22:15,910
If you think about it, what's in the C1 zone?

1752
02:22:16,390 --> 02:22:17,390
Most of it is residential.

1753
02:22:19,230 --> 02:22:24,030
You see, you don't want it, I mean, you don't want it, but they would have to make a conversion.

1754
02:22:24,250 --> 02:22:25,670
They would have to convert the building.

1755
02:22:25,670 --> 02:22:28,590
and it's almost an obstacle in itself.

1756
02:22:28,950 --> 02:22:29,970
What about firing ranges?

1757
02:22:30,870 --> 02:22:31,870
Are they permitted in the village?

1758
02:22:33,210 --> 02:22:33,830
We are.

1759
02:22:34,470 --> 02:22:36,130
On this charge, I'm sure there are.

1760
02:22:36,130 --> 02:22:38,270
Only after you buy guns at the gun shop.

1761
02:22:38,890 --> 02:22:39,770
Well, a lot of times.

1762
02:22:40,710 --> 02:22:42,670
We want them to be serious.

1763
02:22:43,890 --> 02:22:45,790
You can add in to the local war.

1764
02:22:48,770 --> 02:22:49,750
Probably more than that.

1765
02:22:49,750 --> 02:22:50,570
Hey, walk in.

1766
02:22:51,050 --> 02:22:51,150
All right.

1767
02:22:52,290 --> 02:22:54,230
Oh, man, we must do that.

1768
02:22:54,450 --> 02:22:56,750
But actually, the code currently

1769
02:22:56,750 --> 02:23:02,870
has provisions about that. Chapter 126 of the Village Code prohibits the discharge of any firearm

1770
02:23:02,870 --> 02:23:10,230
or explosive in Rhybrook except at lawful shooting ranges. It also prohibits hunting and limits

1771
02:23:10,230 --> 02:23:14,810
trapping and animal capture, but we won't get into that. And we've all been to the lawful

1772
02:23:14,810 --> 02:23:21,770
shooting ranges in Rhybrook. I don't think there are any, I don't know whether they would fall into any

1773
02:23:21,770 --> 02:23:27,910
if we use classifications, my guess is probably not, but there is an existing chapter in the

1774
02:23:27,910 --> 02:23:30,270
code dealing with a discharge of fire.

1775
02:23:31,050 --> 02:23:35,710
When they disperse the birds at the airport, do they discharge fire arms?

1776
02:23:37,150 --> 02:23:41,630
When they shoot at birds at the airport, even the air go in or something, I don't know

1777
02:23:41,630 --> 02:23:41,690
it.

1778
02:23:41,990 --> 02:23:42,430
What?

1779
02:23:42,990 --> 02:23:43,710
Well, no.

1780
02:23:43,830 --> 02:23:45,170
You couldn't put it near an airport.

1781
02:23:46,010 --> 02:23:47,550
So I'm just, yeah.

1782
02:23:47,630 --> 02:23:48,150
It's a different load.

1783
02:23:48,150 --> 02:23:55,350
I guess I'm trying to think of some research points on this.

1784
02:23:55,530 --> 02:24:08,970
Well, one other thing I'm sorry to interrupt, but one other thing I should mention that we didn't touch on that is also in the local law, is the definition of home occupation is amended to exclude basically the sale of guns from your home.

1785
02:24:08,970 --> 02:24:15,490
right? That makes sense. Right. Well, what does that make sense? Why? Why? I don't, this

1786
02:24:15,490 --> 02:24:18,190
is to me, you know what this says? This is you're going to have a gun shop. You're going

1787
02:24:18,190 --> 02:24:23,510
to put it in the south part of the village. You're going to have affordable housing. You're

1788
02:24:23,510 --> 02:24:28,810
going to put it in the south part of the village. No, I just asked about the airport and how

1789
02:24:28,810 --> 02:24:33,570
the, the, the, the part of the, the, the part of the, the, where the airport is.

1790
02:24:38,530 --> 02:24:38,950
You know,

1791
02:24:38,950 --> 02:24:39,670
We're discriminating.

1792
02:24:39,670 --> 02:24:43,110
But in your Kingsfield, liquor store, it's not a part of the village.

1793
02:24:43,350 --> 02:24:43,790
Yeah, crazy.

1794
02:24:43,890 --> 02:24:44,190
You don't have to.

1795
02:24:44,330 --> 02:24:46,570
I have that business.

1796
02:24:46,650 --> 02:24:47,210
This is dangerous.

1797
02:24:47,930 --> 02:24:47,950
It is.

1798
02:24:48,310 --> 02:24:48,710
Unfortunately.

1799
02:24:50,350 --> 02:24:57,450
Well, I mean, I mean, I, I mean, that's the, the, the, the, the, the, the, the, I guess the

1800
02:24:57,450 --> 02:25:02,710
one is all this portable housing problem, the problem that this segues into, which Dan

1801
02:25:02,710 --> 02:25:09,810
is alluding to, he's taking off his glasses and a half about this, is, okay, if you decide

1802
02:25:09,810 --> 02:25:17,710
that you are going to designate these entities to be allowed in certain areas.

1803
02:25:18,430 --> 02:25:23,130
Who is the beneficiary of this enterprise?

1804
02:25:23,470 --> 02:25:24,830
Where is it going to be?

1805
02:25:25,350 --> 02:25:30,410
I can venture the say from the standpoint of public relations,

1806
02:25:31,210 --> 02:25:36,630
that it probably wouldn't, we would create our own problem

1807
02:25:36,630 --> 02:25:41,010
in that people that are living near the gun shop,

1808
02:25:41,290 --> 02:25:43,530
the proposed gun shop that doesn't even exist,

1809
02:25:43,830 --> 02:25:46,990
is going to be really upset at the idea

1810
02:25:46,990 --> 02:25:48,430
of having a gun shop nearby,

1811
02:25:48,770 --> 02:25:53,130
which means that maybe there are places like in Harrison,

1812
02:25:54,410 --> 02:25:57,490
I heard, I heard, I don't know this for sure,

1813
02:25:58,190 --> 02:26:01,790
but that gun shop is really in and out of the way place.

1814
02:26:02,690 --> 02:26:04,910
I mean, you have, I think you're the one that said this,

1815
02:26:04,910 --> 02:26:08,630
That it is, where is off Hallstead Avenue, is it?

1816
02:26:11,020 --> 02:26:13,820
The physical address is Hallstead Avenue

1817
02:26:13,820 --> 02:26:17,780
and there's a whole bunch of stores,

1818
02:26:17,920 --> 02:26:19,760
but there's an alleyway on the side in between

1819
02:26:19,760 --> 02:26:21,520
where you have a bunch of offices

1820
02:26:21,520 --> 02:26:23,980
and other retail locations.

1821
02:26:24,400 --> 02:26:30,760
It's the last retail spot, probably 200 feet off of the roadway.

1822
02:26:31,160 --> 02:26:34,140
And there's just a sign, maybe the size of this,

1823
02:26:34,340 --> 02:26:34,500
that's all right.

1824
02:26:34,660 --> 02:26:35,640
We're in Harrison.

1825
02:26:35,640 --> 02:26:42,740
All set haven't you. Yeah, but all set haven't you is a huge place where you have the chase bank on the corner there

1826
02:26:42,740 --> 02:26:49,940
I'm as soon as you go over the bridge over 95. There's the chase bank on the right hand side right there

1827
02:26:51,180 --> 02:26:56,680
But I mean all you have is just a sign that says the name of the association and the store is down

1828
02:26:57,980 --> 02:26:58,860
The alleyway

1829
02:27:01,820 --> 02:27:07,900
61 also, you know, I think if you try to designate an area where these places can be

1830
02:27:07,980 --> 02:27:11,000
You know, it's possible that a place of worship

1831
02:27:11,900 --> 02:27:15,580
Goes in or school goes in so I don't think you can do that. I think the most

1832
02:27:16,460 --> 02:27:20,360
Logical way is the way that that it started here with find a distance

1833
02:27:21,160 --> 02:27:26,560
Consent of points and limit it and you know, we're not having an invitation for somebody to come

1834
02:27:26,560 --> 02:27:29,120
But if they come they're gonna have to find a spot within those limits

1835
02:27:30,540 --> 02:27:35,720
Say 500 feet I'm 500 feet. I mean five same thing. Let's put it this way 500 key

1836
02:27:35,720 --> 02:27:42,120
And the 500 feet is does appear in lots of different legislations.

1837
02:27:42,280 --> 02:27:43,540
I think it's in liquor stores.

1838
02:27:44,100 --> 02:27:48,200
I think it, I mean, 500 feet for whatever reason, I don't know legislative way.

1839
02:27:48,200 --> 02:27:51,340
Where they regulate that, where they regulate that, there's my authority.

1840
02:27:52,160 --> 02:27:58,960
I mean, if we use 500 feet, we certainly couldn't be accused of being arbitrary and

1841
02:27:58,960 --> 02:28:04,480
capricious about it because that is a standard legislatively accepted.

1842
02:28:06,280 --> 02:28:12,960
radius. So maybe, I mean, I think we're trying to come up with 750, 450, you know,

1843
02:28:14,120 --> 02:28:15,380
899 is going to work.

1844
02:28:15,980 --> 02:28:20,360
Or you can say it's, it's in this, it has to be in a C1 district, this, what is it?

1845
02:28:20,600 --> 02:28:25,640
It's a C1 district, and it has to be 500 feet from a public school or a religious

1846
02:28:25,640 --> 02:28:27,420
institution. You can combine them both.

1847
02:28:27,660 --> 02:28:29,480
And a special permit is required with whatever.

1848
02:28:29,660 --> 02:28:30,760
C1, C1 or C.

1849
02:28:30,760 --> 02:28:35,180
Well, the district that's a long-ridged street there, what is it, C-1?

1850
02:28:35,640 --> 02:28:36,800
That's a long-ridged street.

1851
02:28:38,920 --> 02:28:39,720
Excuse me?

1852
02:28:40,420 --> 02:28:43,420
The shopping center, C-1-P, a long, a cross-street.

1853
02:28:43,420 --> 02:28:45,480
The shopping center, C-1-P, a long-ridged street on the other side is C-1.

1854
02:28:45,600 --> 02:28:48,940
The place that's south, that's C-1.

1855
02:28:49,080 --> 02:28:50,100
C-1, C-1.

1856
02:28:51,500 --> 02:28:55,620
So what I can do for the next meeting is draft a report and recommendation with, you know,

1857
02:28:56,100 --> 02:28:57,240
with these discussions.

1858
02:28:57,240 --> 02:29:05,260
But is it the consensus of the board right now that it would rather see it in the city's zone area?

1859
02:29:05,700 --> 02:29:06,160
Whatever.

1860
02:29:06,440 --> 02:29:09,800
In C1 or in a shopping center or both?

1861
02:29:09,980 --> 02:29:12,080
No, not in a shopping center.

1862
02:29:12,880 --> 02:29:18,200
I still think you have a restriction here of 500 feet just for example.

1863
02:29:18,740 --> 02:29:22,160
And still half of the shopping center is half of the shopping center.

1864
02:29:22,660 --> 02:29:24,120
You could have a gun shop.

1865
02:29:25,400 --> 02:29:32,400
And that's frequented by a lot of kids, all the families, that's exactly what you

1866
02:29:32,400 --> 02:29:32,980
already eat.

1867
02:29:33,260 --> 02:29:40,800
Now, I think the intention is not to have the gun shop out there on the main drag.

1868
02:29:41,140 --> 02:29:46,560
It's internal to just to restrict it internally to the shopping center.

1869
02:29:46,860 --> 02:29:48,780
But still it's out there.

1870
02:29:48,780 --> 02:29:52,840
Further limiting the display restrictions that are already in here.

1871
02:29:53,160 --> 02:29:59,540
But making more heightened restrictions on the display in the

1872
02:30:00,300 --> 02:30:26,100
What it looks like from the outside, is that? I don't know. There's something that tells me that we have, we are a very unique village because of the smallness and because of the way we are set up, and we are really limited to where it would be reasonable to expect to put it. We've got a church there. I mean, why should we have to? I agree with you, David.

1873
02:30:28,540 --> 02:30:33,360
So because we can't really get into that debate, what I can do is draft the report so

1874
02:30:33,360 --> 02:30:38,120
that it's, we're assuming here that we have to put it somewhere.

1875
02:30:38,540 --> 02:30:42,360
Based on that assumption, this is where we, what we think would be the best legislation.

1876
02:30:42,800 --> 02:30:48,240
I can put in there that the planning board is specifically taking no position one way or

1877
02:30:48,240 --> 02:30:50,100
another as to whether or not.

1878
02:30:50,100 --> 02:30:55,920
I just think we should hide it the best way we can without without being purposeful.

1879
02:30:56,000 --> 02:31:02,100
My, my, if we have to do what Board asked us to do, I, personally, I would like to go

1880
02:31:02,100 --> 02:31:06,380
the way David went, but let's say we, I cannot do that, then I prefer to do what Rich said.

1881
02:31:06,960 --> 02:31:13,000
Go 500 feet from the school or the religious institution and leave it like that.

1882
02:31:13,380 --> 02:31:14,320
That would be my preference.

1883
02:31:16,540 --> 02:31:23,900
But we would add, but if we actually, I mean, I think the suggestion here is restricted

1884
02:31:23,900 --> 02:31:27,860
to one of the zones and have a 500-foot respect.

1885
02:31:27,940 --> 02:31:31,860
I would be, that's my preference, to have both restrictions.

1886
02:31:32,380 --> 02:31:33,240
That would be a constraint.

1887
02:31:33,600 --> 02:31:37,460
Did the C1 zone and have 500 restrictions?

1888
02:31:37,460 --> 02:31:41,880
There's an error in the local law.

1889
02:31:42,040 --> 02:31:47,100
Section 5 talks about amending the C1 zone.

1890
02:31:47,300 --> 02:31:50,740
It's the C1P zone, that's the shopping center.

1891
02:31:53,260 --> 02:31:55,900
C1P, so that's the zone that would be.

1892
02:31:56,380 --> 02:31:58,660
And that should be in your recommendation

1893
02:31:58,980 --> 02:32:05,460
that this law be corrected to include the proper zone.

1894
02:32:05,460 --> 02:32:12,360
But I think what the board is actually saying is they would prefer it not be in the C1P and actually in the C1 along South

1895
02:32:12,360 --> 02:32:12,540
Ridge.

1896
02:32:12,580 --> 02:32:19,460
The bill which is on the opposite side would error in the local law is actually correct.

1897
02:32:19,860 --> 02:32:21,220
Based on the planning board's view.

1898
02:32:21,660 --> 02:32:30,240
And also have a restriction of 500 foot restriction consistent with, you know, what they would have in liquor

1899
02:32:35,600 --> 02:32:49,020
I just think putting it on a main drag is also not so terrific, except that parking becomes difficult there too, so that might help to curb traffic.

1900
02:32:49,020 --> 02:32:49,540
I don't know.

1901
02:32:49,580 --> 02:32:49,700
Yeah.

1902
02:32:50,260 --> 02:32:56,520
I mean, we were just talking about the set up at the Harrison Mall where the gun shop

1903
02:32:56,520 --> 02:32:56,840
is.

1904
02:32:57,020 --> 02:33:00,360
I go to that moral façouche, at least once a week.

1905
02:33:00,500 --> 02:33:06,740
I had no idea there was a gun shop in there, and I literally have walked past it every single

1906
02:33:06,740 --> 02:33:07,760
time I've gone there.

1907
02:33:08,360 --> 02:33:11,140
And he just pointed out to me.

1908
02:33:11,140 --> 02:33:16,760
It's, it's, it's be a, with it, it's a couple blocks down from the station.

1909
02:33:17,460 --> 02:33:18,900
There's a bigger place there.

1910
02:33:19,140 --> 02:33:19,320
Right.

1911
02:33:19,540 --> 02:33:20,320
And we're the supermarkets.

1912
02:33:20,340 --> 02:33:21,940
And there's that alleyway.

1913
02:33:22,140 --> 02:33:27,640
You go through this parking behind, there, there are two sushi places there.

1914
02:33:27,820 --> 02:33:29,620
There's a Japanese grocery store.

1915
02:33:29,920 --> 02:33:34,100
There's an Italian deli there as well.

1916
02:33:34,660 --> 02:33:37,340
There's a French restaurant, I think, in that same area.

1917
02:33:37,340 --> 02:33:42,660
and there's an alleyway with stores down the alley and this is at the back,

1918
02:33:43,040 --> 02:33:52,460
similar to where it would be in the Library Shopping Center, if it was at that backstrip that you mentioned.

1919
02:33:53,580 --> 02:33:59,300
Well, early, they have a tiny stop sign and it just says L&L sports.

1920
02:33:59,920 --> 02:34:03,020
I had no idea and I could pass there on the week.

1921
02:34:03,020 --> 02:34:22,480
I mean, there was another suggestion that even if you looked at the shopping center that you would designate certain units that would be allowed to carry that sort of enterprise and sort of an internal zoning

1922
02:34:22,480 --> 02:34:31,220
which in a way, the problem that I see with the mathematics is that if you get a bunch of

1923
02:34:31,220 --> 02:34:37,220
really good mathematically inclined people together, they're going to figure out how to gain this.

1924
02:34:38,180 --> 02:34:47,380
So if you want to put like a gun shop in the back of the shopping center comparable to your

1925
02:34:47,380 --> 02:34:50,800
or experience in Harrison, then why beat around the bush?

1926
02:34:51,140 --> 02:34:53,520
Just identify objectively what those unions are.

1927
02:34:53,520 --> 02:34:55,600
You know, it's within, yeah, 500 feet.

1928
02:34:55,600 --> 02:34:58,240
Can you do that to a landowner?

1929
02:34:58,760 --> 02:34:58,920
Yeah.

1930
02:34:59,800 --> 02:35:01,500
Oh, one of the shopping centers, huh?

1931
02:35:03,040 --> 02:35:04,900
I don't think the owner of the shopping center

1932
02:35:04,900 --> 02:35:08,160
would have a problem with having a, right?

1933
02:35:08,580 --> 02:35:08,720
Yeah.

1934
02:35:09,200 --> 02:35:11,080
I mean, you could say that they've

1935
02:35:11,080 --> 02:35:15,820
has to be 500 feet from the school and at least 200 feet

1936
02:35:15,820 --> 02:35:19,400
from any frontage of the shopping center

1937
02:35:19,400 --> 02:35:24,520
with the building in which is exactly the set up

1938
02:35:24,520 --> 02:35:25,780
that's in Harrison.

1939
02:35:26,180 --> 02:35:29,540
So it's school, in church, and what else in park?

1940
02:35:30,040 --> 02:35:33,400
Daycare, daycare, playgrounds, yeah.

1941
02:35:34,020 --> 02:35:37,080
Sometimes they also, they'll see municipal buildings,

1942
02:35:37,900 --> 02:35:38,880
public buildings.

1943
02:35:39,440 --> 02:35:43,420
Because what about that strip in back of our ridge

1944
02:35:43,420 --> 02:35:44,760
that was supposed to be a park?

1945
02:35:44,760 --> 02:35:46,720
Is that what ever happened with that?

1946
02:35:46,800 --> 02:35:47,480
Oh, that's the medical.

1947
02:35:47,820 --> 02:35:50,540
Yeah, but the fields are across the way from that.

1948
02:35:51,140 --> 02:35:52,380
The purchase of the middle school.

1949
02:35:52,380 --> 02:35:52,820
No school.

1950
02:35:52,900 --> 02:35:54,360
That's the 500 feet of the school.

1951
02:35:55,640 --> 02:35:57,440
Park is not one of the factors.

1952
02:35:57,980 --> 02:35:59,000
No playgrounds.

1953
02:35:59,000 --> 02:36:02,640
You know, there was a case of a swing set or something there than maybe that.

1954
02:36:02,640 --> 02:36:04,120
About the someone won.

1955
02:36:04,720 --> 02:36:05,700
I remember reading.

1956
02:36:05,700 --> 02:36:09,940
It was the they used the entrance of the facility as the footage.

1957
02:36:09,940 --> 02:36:12,180
And that's how they got away to put that store in.

1958
02:36:12,180 --> 02:36:17,860
They said okay, whatever your door entrance is so they put the door to the left side of the building and then they got

1959
02:36:17,860 --> 02:36:25,700
They put there whatever they were zone not to put there. So there's that's again the mathematical thing like Robert said can get wrapped up

1960
02:36:27,200 --> 02:36:30,440
And you and Jennifer you at all your three your three

1961
02:36:31,420 --> 02:36:31,860
Different

1962
02:36:33,060 --> 02:36:36,380
Minstralities at least three at least three two of them show that they did zoning

1963
02:36:37,100 --> 02:36:37,980
Yeah, okay

1964
02:36:40,220 --> 02:36:46,020
I think it's been a good discussion, I mean, on this, I think lots of different views.

1965
02:36:47,280 --> 02:36:53,720
Jen, you and I can work together in putting together something for the board's consideration next time.

1966
02:36:56,720 --> 02:37:01,280
Marilyn, I know we had this discussion point with the variances.

1967
02:37:03,700 --> 02:37:05,700
Does anyone have any opinion on that?

1968
02:37:05,700 --> 02:37:10,320
But that application came up with the second story.

1969
02:37:10,500 --> 02:37:21,120
Yeah, if you are not increasing the degree of non-conformity, I don't think you should have to get a variance.

1970
02:37:22,520 --> 02:37:32,360
I mean, maybe the thing to do, Jen, because I, is the frame maybe a, how do we get this ball rolling, I guess.

1971
02:37:33,200 --> 02:37:39,780
Do you want me to work with Maryland and prepare a draft local law that you may want

1972
02:37:39,780 --> 02:37:43,300
to consider recommending that the Board of Trustees consider?

1973
02:37:44,820 --> 02:37:49,640
But I think this why you have a setback is it because of the appearance?

1974
02:37:50,520 --> 02:37:56,240
Now if you have a single family house and all of a sudden somebody comes in and wants to put

1975
02:37:56,240 --> 02:38:05,520
a second story in that. And it's not compliance now. Second story is going to, it's not going

1976
02:38:05,520 --> 02:38:10,020
to change the distance, but it's going to change the appearance. Yeah. Yeah. That's true.

1977
02:38:10,720 --> 02:38:17,680
There is a mechanism for having that dealt with. And that's the height setback ratio. If, so

1978
02:38:17,680 --> 02:38:23,940
if the law could say something like, you know, if it's, right, if it's, if there are no

1979
02:38:23,940 --> 02:38:30,720
variances requested and all that's happening is that the face of the building is rising

1980
02:38:30,720 --> 02:38:39,700
another story that should not necessarily because, again, the requirements of the height

1981
02:38:39,700 --> 02:38:47,260
setback which is supposed to deal with visual issues from the street and from the sides of

1982
02:38:47,260 --> 02:38:53,340
building as well. That is in play with the height set by

1983
02:38:53,340 --> 02:38:57,060
Gratio apply to an existing condition. Yes, of course it would.

1984
02:38:57,320 --> 02:39:01,700
Of course it would. Yes, it would catch the problem. So there's no

1985
02:39:01,700 --> 02:39:04,720
necessity to happen to go to the zoning board and look and

1986
02:39:04,720 --> 02:39:10,860
see because the building inspector and that part of the code is

1987
02:39:10,860 --> 02:39:13,740
taking care of that. It seems to be built and suspended.

1988
02:39:13,740 --> 02:39:17,500
But there is a fundamentally an increase in bulk.

1989
02:39:18,840 --> 02:39:21,780
Yes, but that's what John is getting at.

1990
02:39:21,940 --> 02:39:22,880
It's a visual.

1991
02:39:24,180 --> 02:39:27,700
But that's what the height setback ratio is supposed to be.

1992
02:39:28,420 --> 02:39:33,000
But if you break that plane, you either have to move the building back

1993
02:39:33,000 --> 02:39:36,620
or you have to move the second story back or lower it,

1994
02:39:36,820 --> 02:39:40,320
that all affects the bulk, the visual impact of the bulk.

1995
02:39:40,320 --> 02:39:46,280
Even if you're in conformance with the height setback ratio it's the the second floor addition in this case

1996
02:39:46,280 --> 02:39:50,360
Let's say is going to increase the bulk. It's it's a visual thing

1997
02:39:50,360 --> 02:39:56,060
It's so the bulk of the building is not the same as the setback and that's

1998
02:39:56,060 --> 02:40:04,540
Side yards are rear yards as well. The height setback. Yes. All right. Not near yards side only side yards side and front

1999
02:40:04,540 --> 02:40:09,560
All right, because if you're because the issue is from the street and from the building

2000
02:40:09,560 --> 02:40:20,140
looming over a shorter building next door, but the board didn't require that to the

2001
02:40:20,140 --> 02:40:20,460
right?

2002
02:40:20,740 --> 02:40:20,780
Yeah.

2003
02:40:20,940 --> 02:40:22,980
That's why we sent it to the zoning board.

2004
02:40:23,140 --> 02:40:27,420
The building inspector in my book determines, you know, the second story addition to be an

2005
02:40:27,420 --> 02:40:30,060
increase in the non-conformity and the non-conformity.

2006
02:40:30,400 --> 02:40:33,980
There's other building inspectors and other municipalities that take the opposite position.

2007
02:40:33,980 --> 02:40:36,020
and it's really, it's like this debate amongst building

2008
02:40:36,020 --> 02:40:37,740
and stuff like that, you know.

2009
02:40:37,920 --> 02:40:40,180
Yeah, I always felt it was, you'd have to get a variance.

2010
02:40:40,300 --> 02:40:42,900
I felt that that same thing, too, but it's telling you.

2011
02:40:43,000 --> 02:40:44,260
Why did you change these things?

2012
02:40:44,420 --> 02:40:45,360
Well, you had that experience.

2013
02:40:45,700 --> 02:40:48,040
I had this exact experience and it was, you know,

2014
02:40:48,160 --> 02:40:50,960
quite costly, you know, I had to go and pay the cost.

2015
02:40:51,200 --> 02:40:52,600
I had to go before the board.

2016
02:40:52,680 --> 02:40:55,080
I wasn't able to argue because I was on the zoning board

2017
02:40:55,080 --> 02:40:55,780
at the time.

2018
02:40:55,960 --> 02:40:58,840
So then my professional wanted to begin to get paid

2019
02:40:58,840 --> 02:41:00,520
for his services to make an application

2020
02:41:00,520 --> 02:41:02,780
that a four-year-old can make because it's a pre-existing

2021
02:41:02,780 --> 02:41:08,800
non-conformity, and I was not happy about it, and there's really no reason for it.

2022
02:41:09,720 --> 02:41:16,500
Okay, well, Jen, Marilyn, yeah, collaborate on coming up with a proposed local law.

2023
02:41:16,680 --> 02:41:19,020
How has it done procedurally?

2024
02:41:19,400 --> 02:41:21,580
How do we get it to the Board of Trustees procedurally?

2025
02:41:21,860 --> 02:41:28,920
You can just send a recommendation to the Board of Trustees that they consider the local law.

2026
02:41:28,920 --> 02:41:34,620
Yeah, and then when you come back to us for report from recommendation, probably what he had to prepare to yeah

2027
02:41:34,620 --> 02:41:41,220
All right motion motion second to adjourn all in favor

2028
02:41:42,440 --> 02:41:43,600
Hi, hi