[00:00:05]
25TH MEETING[Call to Order]
OF THE ZONING BOARD OF APPEALS.AND UM, THIS, WHAT, THIS IS GONNA BE A PRETTY SIMPLE PROCESS.
[1. Fence on Top of a Wall: Existing – N/A; Proposed – 10.2 ft.; Required Max. – 6.5 ft. {295 -20B(8)}; Variance Required – 3.8 ft. ]
CALL THE ONE CASE THAT WE HAVE TODAY.UH, THE APPLICANT WILL PRESENT, UM, WHATEVER THEY WANNA PRESENT.
UH, THE BOARD WILL HAVE QUESTIONS, UH, CAN ASK QUESTIONS IF THEY HAVE QUESTIONS.
WE WILL TAKE ANY COMMENTS FROM THE PUBLIC.
DOESN'T APPEAR TO BE ANY PUBLIC AT THE MOMENT, BUT IF THAT CHANGES, WE'LL ADJUST.
UH, THEN WE'LL DISCUSS AND VOTE.
ARE YOU READY TO PRESENT? SURE.
SO, UM, AS YOU KNOW, UH, WE HAVE BEEN RENOVATING 51 MAIN STREET.
I JUST NEED YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE.
UM, UH, THE ADDRESS IN QUESTION IS 51 MAIN STREET HERE IN HASTINGS.
I CURRENTLY RE, MY PRIMARY RESIDENCE CURRENTLY IS IN SAN FRANCISCO, 16 MABERRY COURT, SAN FRANCISCO, CALIFORNIA.
UM, WE'VE BEEN RENOVATING THIS HOUSE, MY HUSBAND AND I, WITH THE INTENTION OF MOVING BACK.
WE WON'T BE MOVING BACK RIGHT AWAY, BUT EVERYTHING WE ARE DOING IS IN THE INTEREST OF WANTING TO BE PART OF HASTINGS.
AGAIN, IT'S A BEAUTIFUL, BEAUTIFUL VILLAGE.
I LIVED HERE FROM 1996 TO 2009 BEFORE I MOVED TO SAN FRANCISCO, AND MY HUSBAND IS ALSO FROM THE EAST COAST.
SO WE HAVE EVERY INTENTION OF BEING BACK HERE AND BEING PART OF THE VILLAGE.
UM, THAT SAID, UH, WHEN WE FINISHED THE INTERIOR RENOVATIONS, UM, THE LAST STEP WAS TO DO LANDSCAPING AND FENCING, AND I PUT UP A FENCE IN THE BACKYARD THAT IS WHAT I THOUGHT WAS A FAIRLY STANDARD SIX FOOT PRIVACY FENCE UP UNTIL THE SIX FOOT LEVEL.
UH, AND THEN A PRIVACY SCREEN, UH, KIND OF THE STANDARD TWO FOOT, UH, EXTENSION THAT IS A LATTICE ON TOP THAT IS A LITTLE BIT MORE, UH, SEE-THROUGH.
UH, SO I DID THAT FROM THE, THERE WAS AN EXISTING CHAIN LINK FENCE ON THE, SO FIRST OF ALL, THE MOST VISIBLE PART OF THIS FENCE IS FROM THE APPROACH ON MAIN STREET AS YOU'RE COMING UP FROM THE TRAIN STATION OR FROM WAR BURTON.
AND THAT, UH, FENCE LINE THAT RUNS ALONG THE AMBULANCE CORE, UH, I THINK IS THE ONE IN QUESTION FOR BEING, UH, WELL ABOVE WHAT I'M NOW AWARE OF, UH, IS THE LIMITATION FOR FENCING IN THE VILLAGE.
UM, WE HAD DONE IT TO THAT, UH, LEVEL BECAUSE THE BACKYARD, UH, FOR THE HOUSE IS ACTUALLY AT THE TOP OF THAT STONE FENCE THAT BORDERS THE AMBULANCE CORE.
SO THAT WAS REALLY KIND OF THE BEGINNING OF THE BACKYARD.
SO WE WERE MEASURING KINDA A STANDARD SIX FOOT FENCE FROM THERE.
UH, SO NOW THAT, UM, YOU KNOW, WE ARE AWARE OF THE SITUATION, WE HAVE PUT TOGETHER THE PACKAGE OF WHY WE DID WHAT WE DID.
UH, WE ARE REALLY, REALLY HONORED THAT THE, UM, THE DEPUTY FIRE CHIEF HAS SUBMITTED A LETTER IN SUPPORT OF THE FENCE.
UM, THEY KIND OF AGREE WE'VE, WE'VE HAD A VERY LONGSTANDING KIND OF COLLABORATION BETWEEN US ON THE PROPERTY.
I KNOW THEY'RE VERY SUPPORTIVE OF THE RENOVATION, WHICH WAS MUCH NEEDED.
UM, SO WE ARE LOOKING FOR, UM, I GUESS A WAIVER.
I'M NOT SURE EXACTLY WHAT THE TERMINOLOGY IS THAT WILL VARIANCE, VARI VARIANCE MM-HMM
UM, TO ACCEPT THE STATE OF THE FENCE AS IT HAS BEEN INSTALLED.
UH, YOU WILL SEE IN THE DIAGRAMS, UM, SO THE, THE SECTION THAT HAS THE VISUAL'S CALLED FENCE PHOTOS YOU SHOULD HAVE REFERENCE TO, AND THAT SHOWS YOU FROM ALL ANGLES.
IT'S, IT'S A PRETTY COMPLICATED PROPERTY AND THEN IT'S ON THE HILL.
SO WE ARE, IT'S POSSIBLE TO SEE INTO THE BACKYARD FROM THE CITIBANK LOT FROM THE FOOD TOWN LOT, UH, AS WELL AS PREVIOUSLY FROM THE AMBULANCE CORE LOT.
UH, AND WE WERE TRYING TO PRIVACY SCREEN, BUT REASONABLY WITH A STANDARD BACKYARD FENCE HEIGHT.
SO YOU WILL SEE, UH, PICTURES FROM ALL POINTS OF VIEW.
UM, I THINK THE, THE MOST QUESTIONABLE ONE THAT, UM, PROBABLY ALERTED THIS, UH, AND RAISED SOME FLAGS WAS REALLY THIS ONE ALONG THE AMBULANCE CORE THAT IS REPLACING THE EXISTING CHAIN LINK FENCE THAT WAS THERE ON THAT STONE WALL.
AND YOU CAN SEE, UH, THE BEGINNING OF THE GATE TO THE BACKYARD IS WHERE THE BE BEGIN.
UM, I THINK YOU HAVE EVERYTHING YOU NEED TO MAYBE ASK ME THE QUESTIONS YOU HAVE.
UM, JUST QUICKLY, I DID NEGLECT TO ASK YOU IF THE MAILINGS WERE IN ORDER, BUT MAILINGS ARE IN ORDER AND I DO HAVE A FEW COMMENTS JUST TO FILL THE BOARD IN.
UM, SO MS. KELLY HAS STATED THAT, AND SHE'S VERY, IT'S VERY TRUE THAT ALONG THE AMBULANCE CORE BUILDING IS THE HIGHEST POINT BECAUSE IT'S A FENCE ON TOP OF A WALL OF A TANGLE WALL, WHICH MAKES THE VARIANCE.
UNFORTUNATELY, IT MAKES THE VARIANCE GREATER BECAUSE THE WAY OUR
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CODE IS WRITTEN, IT'S FENCES AND FENCES ON TOP OF WALLS.THE WALL IS INCLUDED IN THE FENCE HEIGHT, SO IT CAME OUT TO BE 10.2 FEET, WHERE OUR REQUIRED MAX IS 6.5 FEET.
SO, BUT THAT'S THE WORST SIDE.
THE OTHER BORDERS OF HER PROPERTY ARE THE EIGHT ARE AT ABOUT AN EIGHT FOOT, EIGHT FOOT, TWO HEIGHT.
UM, BUT THE, UNFORTUNATELY BECAUSE OF THE RETAINING WALL THAT THAT ONE CORRIDOR IS, IS HIGHER THAN THE REST.
UM, SHE IS SURROUNDED BY THE AMBULANCE CORPS TO THE OTHER SIDE IS UNFORTUNATELY A NON INHABITED, UH, STRUCTURE.
HE COMES AND GOES, BUT HE HASN'T BEEN THERE IN QUITE SOME TIME.
YOU HAVE THE CITY BANK, YOU MEAN THE UPHILL UP BETWEEN THIS PROPERTY AND IN CITIBANK? YEAH, CORRECT.
AND THEN YOU HAVE CITIBANK AND THEN YOU HAVE FOODTOWN IN THE BACK.
AND THE ONLY PERSON THAT'S REALLY AFFECTING AT THIS POINT IS THE FIRE DEPARTMENT.
AND AS MS. KELLY HAS MENTIONED, THEY GAVE US A LETTER IN, IN, UM, FAVOR OF THE FENCE.
UM, AND WE DID RECEIVE A, AS YOU KNOW MR. CHAIRMAN, WE DID RECEIVE A VIEW PRESERVATION WAIVER ON THIS BECAUSE THERE CANNOT SEE ANYTHING FROM ANY VANTAGE POINT AS FAR AS THE HUDSON AND THE PALISADES.
AND IF YOU HAVE ANY OTHER QUESTIONS, UM, I'M HERE FOR YOU TO ANSWER ANYTHING YOU NEED.
WAS THERE IN THE FIRE DEPARTMENT LETTER THAT, DID THEY ASK FOR A CLAUSE ABOUT THE RIGHT TO REMOVE IT IN THE FUTURE? YES, BECAUSE PART OF MS. KELLY'S REAR RETAINING WALL IS ACTUALLY ON THE FIRE DEPARTMENT PROPERTY AND THEY DON'T CARE.
UM, THEY'RE FINE WITH IT, BUT IF ANYTHING EVER HAPPENS IN THE FUTURE, THEY WANT AN UNDERSTANDING THAT IF THEY EVER HAD TO REGAIN THAT PIECE OF THAT COUPLE OF FEET OF PROPERTY, THAT THEY WOULD HAVE TO REMOVE THE, THE FENCE.
IS THAT SOMETHING WE HAVE TO CONDITION IN THE RESOLUTION? I WOULD SAY IT'S UP TO KEVIN.
YOU CAN ADD IT IN AS A CONDITION.
SORRY, ANY OTHER QUESTIONS FROM THE BOARD? UM, I COMPLETELY SEE WHY YOU DID WHAT YOU DID AND EVERYTHING I THAT LIKE ONE QUESTION THAT THAT, THAT I THOUGHT ABOUT.
THIS IS AN OLD HOUSE, RIGHT? ARE THERE ANY LAWS ABOUT HISTORICAL HOMES THAT WE NEED TO BE AWARE OF, YOU KNOW, IN, UH, IN, IN THIS CASE? AGAIN, I I SEE WHY SHE DID, WHY YOU DID WHAT YOU DID.
UM, BUT IS THERE ANYTHING THAT WE JUST NEED TO MAKE SURE THAT WE'RE, THAT WE'RE, YOU KNOW, TO THE, TO THE BEST OF MY KNOWLEDGE, THERE'S NO, UM, HISTORIC PRESERVATION IN HASTINGS AND, AND WE ARE NOT DESIGN REVIEW.
AND EVEN UNDER THOSE CIRCUMSTANCES, I THINK YOU'D HAVE A TOUGH ARGUMENT SAYING THAT IT WAS A DETRIMENT TO REPLACE A CHAIN LINK FENCE WITH A WOODEN ONE, A HUNDRED PERCENT
IT'S NOT SUBJECT TO SEEKER OR ANYTHING LIKE THAT.
YEAH, I THINK MORE COMMENTS THAN A QUESTION, AND UNLESS MY FELLOW BOARD MEMBERS HAVE QUESTIONS LOOKING AT THE DIFFERENT, UM, ATTRIBUTES THAT WE SHOULD CONSIDER FOR THE VARIANCE, IT, UM, IT IS A BEAUTIFUL RENOVATION.
SO WHEN I TAKE A LOOK AT, UM, LOOKING AT THIS VARIANCE AND WHETHER OR NOT IT'S GOING TO ALTER THE CHARACTER OF THE NEIGHBORHOOD TO THE DETRIMENT, I WOULD SAY WHEN YOU TAKE A LOOK AT THE QUALITY AND THE EFFORT THAT WENT IN TO RENOVATE AND TO DO THAT, THAT WE COULD LOOK AT THAT ATTRIBUTE AND SAY THAT THERE ISN'T ANY SORT OF DETRIMENT, AT LEAST FROM WHERE I SIT.
AND ALSO AS WE JUST HEARD ON THE RECORD ABOUT THE HARDSHIP, WHICH IS THIS IS A RESIDENTIAL PROPERTY THAT IS SURROUNDED BY, UM, NON-RESIDENTIAL PROPERTIES AND ONE COULD SEE WHY IT WOULD BE A HARDSHIP NOT TO BE ABLE TO HAVE SOME PRIVACY.
THANK YOU FOR UNDERSTANDING THAT AND ALSO FOR THE COMPLIMENT, WE HAVE WORKED VERY HARD.
BRIAN, ANY QUESTIONS? NO, I MEAN, AGAIN, JUST TO CLARIFY THE, I UNDERSTAND THE INTENT OF THE, OF THE CODE TO SAY, WELL, YOU CAN'T BUILD A WALL AND THEN BUILD A FENCE, BUT THIS IS, IT'S A RETAINING WALL.
SO ESSENTIALLY IT IT'S THE GROUND PLANE ON THE UPHILL SIDE.
WHICH I THINK IS ALSO A MITIGATING FACTOR.
I I MAYBE, I THINK YOU STARTED US, BETH, BUT WE CAN RUN THROUGH THE FACTORS.
UH, I THINK YOU TOOK ON THE FIRST ONE ABOUT THE UNDESIRABLE CHANGE.
I DON'T KNOW IF ANYONE, ANYBODY HAS ANYTHING TO ADD TO THAT ONE.
UM, WHETHER THE BENEFITS SOUGHT BY THE APPLICANT CAN BE ACHIEVED BY SOME METHOD FEASIBLE FOR THE APPLICANT TO PURSUE OTHER THAN AN AREA VARIANCE.
I MEAN, IN THIS CASE IT WOULD JUST BE A COMICALLY SHORT FENCE, I GUESS WOULD BE THE
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I THINK 10 FEET SOUNDS SUBSTANTIAL RELATIVE TO 6.5, BUT IF YOU, RELATIVE TO THE GROUND PLANE OF THE HOUSE ITSELF, IT'S A REASONABLE SIZE FENCE.AND I'M SURPRISED IT DOESN'T HAPPEN MORE GIVEN THE, UH, HILL PROFILE OF HASTINGS.
YOU KNOW, IT'S, IT'S, IT'S NOT A LOT OF PEOPLE HAVE PROPERTY LINES WITHOUT MUCH EXPOSURE.
BUT THERE ARE LOTS OF HOUSES THAT ARE ON TOP OF EACH OTHER ON A HILL, SO THAT A SIX FOOT FENCE ON ONE PERSON'S PROPERTY QUITE MIGHT BE QUITE HIGH.
SO WHAT MOST PEOPLE DO IN TOWN IS THEY STEP THE FENCE BACK OFF THE WALL MM-HMM
AND THEN THIS WAY THAT, THAT, THAT WALL THAT INCLUDES THE WALL DOESN'T COUNT ANYMORE AND IT'S JUST THE FENCE HEIGHT, WHICH IS NOT FEASIBLE HERE BECAUSE OF HOW CLOSE THE PROPERTY LINE IS.
UM, WHETHER THE PROPOSED VARIANCE WILL HAVE AN ADVERSE EFFECT OR IMPACT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT.
ANYBODY HAVE ANY CONCERNS REGARDS TO THAT? NO.
UH, AND FINALLY, WHETHER THE ALLEGED DIFFICULTY WAS SELF-CREATED, WHICH CONSIDERATION SHALL BE RELEVANT TO THE DECISION OF THE BOARD, BUT SHALL NOT NECESSARILY PRECLUDE THE GRANTING OF THE AREA OF VARIANCE.
IS THE, THE NEW WOOD FENCE SIMILAR IN HEIGHT TO THE FORMER CHAIN LINK FENCE? NO, THE CHAIN LINK FENCE WAS ONLY, I BELIEVE IT WAS QUITE LOW.
ABOUT THIS HEIGHT, HIP LENGTH, HIP HEIGHT.
SO AGAIN, WE, WE'VE, WE UM, WE ACCEPT THAT THIS ONE IS FREQUENTLY TRUE, THAT ANYTHING YOU WANT TO DO IS SELF-CREATED IN, IN A WAY, BUT THIS, IT WAS A CHOICE.
IF THAT'S WHAT THAT MEANS, YES.
BUT, UM, BUT WE, AGAIN, I, I PERSONALLY THINK A REASONABLE ONE.
ANY OTHER COMMENTS OR QUESTIONS? WOULD ANYBODY BE WILLING TO BRING THIS A MOTION? IS THIS WITH A CONDITION? YES.
I THINK MAYBE WE SHOULD SPELL OUT THE CONDITION, SO, OH, DO YOU WANT TO, I MEAN, MY UNDERSTANDING WAS THAT, THAT THE FIRE DEPARTMENT RETAINS THE FUTURE, RIGHT.
TO REMOVE THE FENCE ON THEIR PROPERTY.
IS THAT THE, I MEAN, WOULDN'T THAT BE TRUE EVEN IF WE DIDN'T? I THINK THAT'S SAY NO MATTER WHAT, I DON'T THINK YOU NEED THAT AS A CONDITION.
I MEAN, AT THE END OF THE DAY, THEY CAN ALWAYS RECLAIM THEIR PROPERTY.
THEN WOULD ANYBODY LIKE TO MAKE A MOTION WITHOUT THE CONDITION? I'LL MAKE A MOTION.
IT'S LIKE A LOT OF HESITATION HERE ON THE VOTE TONIGHT.
CASE NUMBER, UH, OH 7 2 6 CARD KELLY 51 MAIN STREET.
UH, MOTION TO APPROVE FOR RELIEF FROM STRICT APPLICATION OF VILLAGE CODE SECTION 2 95 DASH 20 B EIGHT, UH, FOR THE APPROVAL OF PREVIOUSLY INSTALLED FENCE ON TOP OF RETAINING WALL ON THE SIDE YARD.
ALRIGHT, WE'LL DO A QUICK CALL.
THE VARIANCE HAS BEEN APPROVED.
UH, GOOD LUCK AND, AND WELCOME BACK TO HASTINGS WHEN YOU COME BACK.
THANK YOU EVERYBODY FOR THE COOPERATION WITH THE VILLAGE.
HOPEFULLY YOU DIDN'T HAVE TO MAKE A TRIP BACK FROM SAN FRANCISCO JUST FOR THIS MEETING.
UH, NO, ACTUALLY MY DAUGHTER IS GRADUATING FROM YORKTOWN.
[Approval of Minutes ]
WE HAVE THREE FOLKS WHO WERE HERE IN APRIL AND MAY? UM, SEE IF YOU CAN REMEMBER IF YOU WERE HERE IN APRIL AND MAY.I WAS NOT HERE IN MAY, BUT I WAS HERE.
ONLY TWO OF US WERE HERE IN MAY.
SO IN A CASE LIKE THAT, WHAT I OFTEN SAY IS THAT IF ONE OF YOU STATES THAT THIS IS A, A FAIR REPRESENTATION OF WHAT OCCURRED IN THAT MEETING AND SOMEBODY ELSE CAN ON THAT BASIS MAKE THE VOTE.
IT'S NOT THE NORMAL PRACTICE, BUT SOMETIMES IT, YOU KNOW, PEOPLE WHO EVEN RESIGN, IT JUST BECOMES IMPOSSIBLE.
ARE YOU OKAY WITH I'M OKAY WITH IT.
SO WITH REGARDS TO THE MAY 28TH MEETINGS THAT ONLY BRIAN AND I WERE HERE.
UM, I'M, I'M WILLING TO PUT FORWARD A MOTION THAT THE MINUTES REPRESENT WHAT I RECALL HAPPENING AT THE MEETING AND I WILL SECOND THAT MOTION.
AND WE'RE, I THINK WE, WE CAN BOTH, WE CAN BOTH BE IN FAVOR.
I GUESS WHAT I WAS SAYING IS I DO, ONE OTHER PERSON DOES HAVE TO OH, BELIEVE YOU
YEAH, ONE OF THE OTHER TWO PEOPLE FOR VOTE.
YEAH, NO, THAT'S THE, THAT'S THE PROBLEM.
SO WE NEED ONE OTHER BOARD MEMBER TO AGREE WITH BRIAN AND MY ATTESTATION THAT THE MINUTES WERE ACCURATE.
I WAS HERE PRIOR TO YOUR, I WAS HERE.
SO THEN CAN RICHARD, CAN YOU MAKE A MOTION TO APPROVE THE, OH, SORRY.
CAN I ASK, ASK QUESTION ACTUALLY ABOUT THE MINUTES? MM-HMM
UM, I NOTICED THAT THERE WAS ONE VOTE THAT WAS FOUR TO ONE.
THE BOARD MEMBERS WERE QUOTED AS APPROVED.
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IT WAS NOTED AFTERWARD THAT THE VOTE WAS FOUR TO ONE.DOES IT MATTER? DOES THE BOARD SPEAK IN UNANIMITY? EVEN IN A CASE OF A SPLIT VOTE? I'M SORRY.
I, I GUESS I DIDN'T UNDERSTAND THAT.
SO, SO IN, IN THE MINUTES VOTE WAS FOUR TO ONE, BUT THE VOTE WAS NOT CALLED AS FOUR TO ONE.
THE, THE BOARD WAS QUOTED AS ACCEPTED OR SO SHOULD IT HAVE SAID BOARD MEMBER SO AND SO? YES.
AND BOARD MEMBER, SO AND SO OR APPROVED RATHER.
TECHNICALLY YOU'RE SUPPOSED TO, THE ONLY THINGS YOU HAVE TO PUT IN IS, IS THE MOTIONS AND THE VOTE THEY'RE ON.
SO YEAH, IT SHOULD SAY FOUR TO ONE.
YOU SHOULD PROBABLY NOTE WHO AT LEAST TO THE ONE WAS THAT VOTED AGAINST IT.
SO WE WOULD, WE WOULD LIKE TO AMEND THE MINUTES TO REFLECT THE FACT THAT I WAS THE NO, THAT BIDEN WAS THE, ON THE THIRD VOTE, WE SPLIT THE, THE VOTES INTO, INTO THREE PARTS.
UM, THERE WAS A COMMENT IMMEDIATELY AFTER THE NOTE THAT THE BOARD VOTED TO APPROVE MM-HMM
NOTING THAT IT WAS A FOUR TO ONE VOTE AND I WAS THE ONLY DISSENTING.
SO IF SOMEBODY WANTED TO, UH, VOTE TO ADOPT THE MINUTES WITH THAT EDIT, THEY COULD MAKE THAT MOTION BE SECONDED.
I'LL MAKE SURE IT GETS, I GETS FIXED.
DO YOU WANNA JUST SAY, JUST RESTATE THAT BACK MOTION TO APPROVE WITH THAT CHANGE WITH, UH, WITH THE REVISION MM-HMM
THAT IN THE THIRD VOTE? MM-HMM
UH, THAT I WAS A DESCENDING VOTE, BUT THAT MM-HMM
ASKED AND WAS APPROVED OVERALL.
DO WE HAVE A SECOND FOR THAT? I'LL SECOND.
I THINK WE CAN JUST, ALL IN FAVOR? SO THE MINUTES FOR THE APRIL MEETING ARE APPROVED.
WITH THAT CHANGE, THE MINUTES OF THE MAY MEETING ARE APPROVED WITH BETH'S FAITH, AND I THINK THAT DOES IT FOR US.
[Announcements ]
UH, I GUESS WE NEED A MOTION TO ADJOURN ANYBODY.THIS IS, UH, THIS IS MY SPECIALTY, UH, MOTION.