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From YouTube: 2022.11.07 Zoning Board of Appeals
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A
Time
again,
foreign
good
evening,
ladies
and
gentlemen,
my
welcome
to
the
November
2022
zoning
board
of
appeals
meeting.
My
name
is
Kelly
Donovan
I'm,
the
chair
of
this
board
for.
B
A
A
After
that,
the
floor
will
be
open
for
anyone
who
would
like
to
speak
in
favor
or
against
the
proposed
project.
Once
everyone's
had
an
opportunity
to
speak,
the
public
hearing
will
be
officially
closed
and
no
new
testimony
can
be
taken
after
public
hearings
have
been
held.
The
board
will
deliberate
and
make
a
decision
on
each
case.
A
Public
is
welcome
to
stay
through
the
deliberations,
but
again
no
public
input
is
permitted
unless
we
ask
you
for
it
for
those
applicants
who
wish
not
to
stay
through
deliberations
and
planning
department
staff
will
be
available
tomorrow
with
the
board's
decisions.
Zoning
board
of
appeals
is
a
five-member
board.
Tonight
we
have
three
members
present,
which
constitutes
a
quorum
and
when
I
call
the
roll
Mr
Landers
Mr
matzo
president
Mr
Donovan
is
present.
Miss
rezanetti
is
excused
and
miss
pelling
there
Ms
Bucci
is
I
had
something
else
there.
She
is
excused
as
well.
A
Did
you
guys
get
a
chance
to
look
at
the
minutes
from
last
month?
Yes,
yes,
how
did
they
look.
C
Know
my
microphone
blinking,
my
microphone's
blinking.
It
must
be
dying.
E
A
A
Our
first
case
for
the
evening
is
Kearney
Realty
and
Development
Group
162
180
184,
186
Henry
and
77
Pine
Street
and
229
Court
area
variances
for
four
foot
rear
setback.
420
is
the
minimum
73
lot
coverage
where
70
is
the
maximum
55
and
height,
where
45
is
the
maximum
27
parking
spaces
where
79
are
required
and
to
provide
parking,
256
feet
off
site
where
250
is
the
maximum
distance
allowed.
F
Chairman
just
wanted
to
make
a
correction
to
the
agenda
that
should
be
10
parking
spaces
where
79
are
required
and
for
the
record
the
correct
agenda
is
what's
posted
online.
So
that's
what
the
public
saw.
E
D
A
G
All
right,
Dominic
Emilio,
with
CPL
from
Binghamton,
okay.
A
So
you
had
tell
us
about
the
area
variances
or
new
material
that
you
provided
since
we
last
got
together.
G
So,
just
to
summarize,
the
changes,
no
change
to
the
rear
setback
variants.
You
mentioned
no
change
to
the
lot
coverage,
no
change
to
the
building
height.
G
There
is
technically
a
change
to
the
parking
because
we
did
lose
a
lot
that
the
city
is
unable
to
sell
to
the
applicant
at
this
point,
but
we
did
add
30
spaces
via
basically
an
understanding
which
I
emailed
documentation
of
an
understanding
between
the
applicant
and
the
rumble
ponies
ownership
for
30
30
30
parking
spaces
in
their
block
across.
G
Again,
229
Court
Street
was
removed
from
the
project,
so
we
went
from
21
parking
spaces.
We
were
going
to
build
the
10.,
those
are
all
on
the
Henry
Street
Lot,
the
162,
Henry
Street
and
then
addressing
concerns
that
were
brought
up
at
this
meeting
and
the
Planning
Commission
meeting
last
month.
G
Probably
the
biggest
one
was
the
garbage
enclosure
that
was
on
the
Pine
Street
side
of
the
building.
That's
been
removed,
the
concrete
areas
remained
we're
going
to
use
it
as
a
patio.
Someplace
probably
put
a
grill
on
some
tables.
I
know
in
past
projects,
they've
done,
pergolas
and
stuff.
You
know
make
it
a
nice
amenity
for
the
residents
and
the
garbage
was
moved
interior
to
the
building
on
on
residential
level.
One
I'll
call
it,
and
then
access
was
added
directly
from
that
area.
D
G
G
We
submitted
that
you
can
see
the
findings
there
that
basically,
because
we're
removing
several
large
trees
to
build
the
building.
We
actually
have
a
net
positive
effect
on
the
solar
array
at
81,
Pine
Street.
A
Did
you
share
that
with
the
what's.
F
G
C
G
G
E
E
F
That's
going
to
ten
because
the
the
lot
they
had,
two
ancillary
parking
lots,
one
at
162
Henry,
one
at
229
core
right.
The
229
court
is
no
longer
part
of
the
application.
The
city
did
not
is
not
going
to
be
selling
that
a
lot
to
the
applicant,
and
so
they
couldn't
use
it.
Okay,
so
that
leaves
10
on
Henry
and
then
they
have
the
30
at
the
stadium.
A
F
E
F
And
to
clarify
the
10
are
the
only
that
spaces
that
count
officially
towards
the
minimum
parking
requirement.
The
ones
at
the
stadium
do
not
count
officially
because
they're
not
under
the
ownership
of
the
applicant
okay,
but
you
can
consider
them.
You.
F
That
distance
variance
is
still
needed
for
the
162
Henry
Street
lot.
H
A
F
A
All
right,
then,
I
would
like
to
make
a
motion.
I
don't
have
a
motion
but
to
reopen
the
public
hearing
portion
of
this
applicant
or
the
Kearney
Realty
and
Development
Group
for
Henry
Street,
Line
Street
Court
Street.
So
anyone
present
wishing
to
speak
for
or
against
the
proposed
action
please
come
on
down.
A
B
F
I
So
I
get
the
impression
this
is
going
to
happen,
no
matter
what
I
say,
because
I'm
me
and
I
you
know
live
on
Pine
Street.
So
with
the
construction
of
the
fire
station,
there's
been
some
serious
issues
like
Things
fall
out
of
cabinets
when
they're
putting
the
metal
poles
in
for
the
building
and
even
now,
even
though
it's
a
one-way
Street,
the
people
that
are
doing
the
construction
feel
that
that
doesn't
apply
to
them.
I
So
they
now
pull
large
equipment
into
my
driveway
to
back
it
up
into
the
entrance
for
the
fire
station,
and
so,
when
you
add
in
another
large
construction
on
a
residential
street
like
I,
feel
like
we're
just
asking
for
a
small
child
to
be
killed,
because
we
do
have
small
children
they
do
play
outside.
They
try
to
enjoy
their
lives
like,
but
I
guess.
That's
all.
I
have
thanks.
A
A
A
question
for
the
applicant:
what
kind
of
is
there
privacy
fencing
going
back
as
part
of
the
when
it's
done?
How
high
is
that
going
to
be?
You
know.
E
H
A
J
D
J
A
Okay,
thank
you.
Anyone
else
present
wishing
to
speak
in
favor
or
against
the
proposed
project.
D
A
D
A
A
C
D
A
A
Bear
with
me
and
my
allergies,
it's
a
short
form
of
Seeker,
same
thing,
as
we
did
last
time
with
a
proposed
action
and
they
left
a
couple
of
blanks
for
us
to
discuss.
Well,
the
proposed
action
create
a
material
conflict
with
an
adopted
land
use
plan
or
zoning
regulations
and
keep
in
mind
this.
D
A
To
do
with
the
area.
A
B
A
A
A
A
A
Both
proposed
action
have
an
impact
on
the
environmental
characteristics
that
cause
the
establishment
of
a
critical
environmental
area.
No,
it
should
not
have
an
effect
on
that.
Well,
the
proposed
action
results
in
adverse
change
in
the
existing
level
of
traffic
or
affect
existing
infrastructure
for
mass
transit
biking
or
walkway.
That
should
be
a
small
impact.
There
will
the
proposed
action
cause
an
increase
in
the
use
of
energy
and
it
fails
to
incorporate
reasonably
available
energy
conservation
or
renewable
energy
opportunities.
A
Will
the
proposed
action
impair
the
character?
Equality
of
important
historic,
archaeological,
architectural
or
aesthetic
resources
should
not
impact
both
oppose
action
result
in
an
adverse
change
to
Natural
Resources
Wetlands
water
bodies,
groundwater
air
quality
Florida?
No,
to
not
those
proposed
action
result
in
an
increase
in
the
potential
for
erosion,
flooding
or
drainage.
Problems
should
not
affect
those.
It
was
opposed
to
actually
create
a
hazard
to
environmental
resources,
or
a
human
help
should
have
small
effect
there.
If
any
having
gone
through
those
criteria,
I
would
move
that
we
have
a
negative
Declaration
of
procedure.
A
So
the
criteria
or
whether
an
undesirable
change
will
produce
will
be
produced
by
granting
these
variances,
whether
the
benefit
taught
sought
can
be
achieved
by
some
other
method.
Whether
the
experience
is
substantial,
whether
it's
going
to
cause
an
adverse
defect
or
impact
on
the
physical
or
environmental
conditions
of
the
neighborhood
and
whether
or
not
it
was
self-created.
A
So,
let's
start
with
that.
First
one,
this
setback,
foreign.
E
F
That's
for
77
Pine
that
that's
the
rear
setback
of
the
building,
so
that
falls
on
77
Pine,
yes,
but
it's
sort
of
a
rear
setback
for
the
whole
site,
because
the
Lots
will
be
combined.
A
E
A
G
E
Yeah
foreign.
C
H
A
A
However,
if
you
check
a
lot
of
properties
in
this
area
and
other
areas
of
Binghamton
they're
a
they're,
an
awful
lot
of
spots
where
Brandon
this
is
for
new
work,
it's
supposed
to
be
20
feet,
but
existing
buildings
go
right
up
to
the
property
line,
so
I,
don't
really
I.
Don't
think
it's
that
substantial
overall
in
this
game
is
laid
out,
not
the
preferred,
but
it
is
what
it
is.
A
A
A
H
A
A
D
B
E
A
A
Excuse
me
55
foot
height,
where
45
is
the
max
and
that's
55.
Only
in
one
part
of
it
above
grade
correct.
G
He's
55
along
Henry
Street,
but
again
due
to
the
grade
change,
it's
only
36
feet
the
great
change
and
the
difference
between
the
commercial
and
residential
levels.
It's
only
36
feet
on
Pine
Street.
D
D
A
So
I'm
I'm
willing
to
say
that
it's
not
an
unreliable
change
on
since
it's
on
the
Henry
Street
side,
whether
the
benefits
that
can
be
achieved
by
some
other
method.
Again,
we
have
that
discussion.
On
the
last
the
area
versus
the
height,
it's
got
to
go
somewhere
to
get
the
overall
square
footage
to
meet
the
whole
project
design.
A
B
I
A
55
feet
from
ground
level.
Is
you
know
five
five
stories
is
relatively
high:
it's
not
the
highest
downtown,
but
in
residential
areas
that
is
relatively
High.
C
A
D
D
A
G
Yeah
I
think
that's
a
kind
of
an
ancillary
benefit
of.
What's
going
on
again,
they
were
happy
to
be
applicant,
was
happy
to
purchase
both
Lots
in
the
neighborhood
that
were
available,
but
that's
not
one
lie
so
there
there's
10
spaces
there
we
even
considered
after
discussing
with
the
city
and
others
do
with
this
with
enough
least
spaces
from
the
rumble
ponies.
Do
we
get
rid
of
that?
Why?
G
Because
it's
10
spaces
and
it's
you,
know
it's
a
remote
lot,
but
they
really
wanted
to
have
whatever
they
could
in
their
control.
The
fact
that
it's
a
little
further,
which
I
know
is
another
variance.
You
know
they
think
is
a
net
positive
on
the
neighborhood.
Just
increasing
foot
traveling.
A
Now
you
you,
how
many
spots
are
available
at
the
276
split
distance,
ten,
ten,
that's
the
10.
yep,
okay
and
those
that's
all
the
parking
that's
associated
dedicated
to
this.
G
That's
all
the
parking
under
control
by
the
applicant,
but
they
do
have
the
agreement
or
the
rumble
ponies
for
30
additional.
B
A
A
A
D
B
F
C
E
A
A
Did
part
of
the
design
really
take
into
account
how
many
cars,
the
the
developer
thought
would
be
part
of
the
project.
G
Yes,
in
in
a
number
of
their
other
development,
similar
developments
down
in
the
Hudson
Valley
in
particular,
they've
done
identical
projects
with
zero
parking
and
they've
been
successful.
It's
not
that
nobody
in
that
building
is
driving,
but
just
just
based
on
their
history,
which
is
you
know,
they
have
numerous
very
similar
developments
throughout
New
York
state.
G
E
G
We
I
I
know
we
keep
talking
about
pen
I
just
want
to
emphasize
the
30,
which
gets
us
to
the
50
over
50
percent,
which
I
I
think
Peter.
Correct
me
if
I'm
wrong,
but
I
think
over
50
we
don't
technically
need
the
variance
the
Planning
Commission
can
grant
that.
But
this
is
obviously
the
better
the
easier
route.
G
G
He's
actually
that
they're
actually
going
to
pay
up
front,
that's
the
agreement.
They
have
right
now.
So
those
that's
prepaid
for
15
years
and
it's
not
not
an
issue.
G
Okay,
the
other
thing
I'd
point
out
is
65
of
them
are,
are
65
of
the
required.
79
are
for
the
residences
right,
so
the
other
14
are
for
the
commercial
space.
I
would
have
no
matter
what
commercial
space
you
put
there
I
would
expect
those
people
to
be
parking
on
the
street
throughout
the
day,
just
like
anywhere
downtown,
so
I
I
think
we're
a
lot
closer
than
the
numbers.
Look
on
paper.
I
just
want
to
point
that
out.
J
But
my
bad:
to
what
extent
is
there
any
interplay
between
the
businesses
being
open
in
the
day
and
pardon
me
being
in
the
premium
at
night
when
people
come
home
is
have
you
found
that
in
a
project
where
there's
any
relative
to
the
rumble.
G
J
Business,
no
so
Rumble
Ponies
are
going
to
be
the
exception
to
the
rule,
because
that
would
the
rules
just
won't
apply
during
those
games
but
like
on
a
normal
day,
will
the
businesses
close
down
people
come
home
and
use
those
parking
spaces
or
I
guess
what
I'm
saying
is?
Is
there
dual
use
of
some
of
the
same
parking
spaces
anticipated?
We.
G
So
we
have
no
idea
what
what
will
be
in
the
commercial
spaces.
I
know
that
you
know
they
talked
about
not
a
full-blown
Brewpub,
Brew
Pub
or
anything
like
that,
but
maybe
like
a
tasting
room,
they
think
would
be
a
really
good
fit.
Given
this
the
proximity
to
the
stadium
they're,
not
huge,
spacing
so
you're
not
going
to
have
a
brewery
down
there.
You
just
don't
have
to
the
square
footage
so,
but
other
than
that.
Just
things
that
have
been
tossed
around
and
based
on
other
other
I
just
know
that
in
some
other.
J
G
J
G
Yeah
and
I
mean
I
would
say:
I
know
when
I
go
to
a
baseball
game,
I
I
park
on
my
injury
or
you
know
one
of
the
surrounding
streets,
so
I
think
that's
in
the
library
or
something
like
that
on.
Yes,
exactly
the
Lord's
parking
lots
around
the
corner,
so
I
I
think
that
that's
an
issue
on
game
night,
whether
this
is
a
building
there
or
not,
I
think
that's
just
necessary.
J
A
Okay
back
to
the
our
experience,
we're
discussing
yeah
after
that
discussion
of
hearing
how
it
how
things
have
worked
elsewhere
with
even
less
dedicated
parking
and
it
works
and
taking
into
consideration
that
we're
about
in
actuality
about
50
percent
of.
A
A
So
could
the
applicant
have
achieved
something
better
by
some
other
method
and
they've
got
more
responsible
I
think
they
tried
to
get
more
another
spots,
but
then
those
areas
where
rolled.
E
A
I
think
I
think
the
point
to
me
is
you've
done
a
lot
of
work.
Looking
for
parking
spots,
not
a
whole
lot
of
come
available
and
I
do
give
you
a
lot
of
credit
for
negotiation.
Negotiating
with
the
rumble
pumps
is.
Would
granting
this
part
of
the
variance
be
substantial
compared
to
other
typical
kind
of
variances
for
parking
I?
Don't
think
it
would
be
that
substantial
50
is
about
as
far
as
you'd
want
to
go,
but
Simon
verge
of
being
substantial
with.
A
A
A
A
E
A
Is
difficult,
you've
looked
at
a
lot
of
options
could
have
been
achieved
by
some
other
method.
If
it
could
happen
to
be
in,
there
is
276
versus
250.
Substantial
I
would
argue
that
it's
not
by
granting
that
part
of
the
variance
would
be
have
an
adverse
effect
or
impact
on
the
physical
or
environmental
conditions.
A
A
F
Yeah,
some
of
those
things
pertain
a
little
bit
more
to
the
planning
submission,
so
the
Planning
Commission
will
have
to
have
a
chance
to
address
some
of
those
things,
but
they
have
sort
of
a
new
set
of
standards
for
their
site
plans.
Yes,
and
they
wanted
to
see
some
of
those
items
on
them,
but.
A
G
No
absolutely
I
mean
pulling
into
somebody's
driveway
is
probably
I
mean
frankly
illegal
without
you
know
permission
so.
B
C
G
Will
say
that
the
applicant
does
GC
their
own
work.
Okay,
there
will
be
a
number
of
Subs,
obviously
on
a
building
like
this,
but
I
I
can
make
a
note
that
that
needs
to
be
communicated-
and
you
know,
I-
would
I
I
would
recommend
to
the
neighbors
that,
if
things
that
are
happening
that
are
outside
of
code
shutting
down
the
street
without
a
permit
and
things
like
that,
then
you
know
they
should.
You
know.
G
C
G
C
Just
out
of
consideration
absolutely
I
I'll.
Make
that
note
all
right,
I'd
like
to
make
a
a
request
to
approve
the
applicant
for
Kearney
Realty
and
Development
Group
for
the
area
variance
for
four
feet.
Setback
for
20
foot
is
the
minimum
73
foot
lock
coverage
for
70
percent
is
the
maximum.
A
55
foot
in
height
for
a
45
foot
is
the
maximum.
C
10
parking
spaces,
correct,
we're
79.
correct,
are
required
to
provide
parking
270
six
feet
instead,
we're
250
is
the
maximum
distance
allowed
and
one
other
thing
too,
when
they
unlock.
We
can
do
this
or
not,
but
when
it's
time
to
get
their
contracts
set
up
with
the
rumble
ponies.
Could
that
be
presented
also.
J
Turn
my
microphone
off
again,
if
you
could
do
it
with
a
lease
that
the
the
lease
is
submitted
and
then
it
probably
be
filed
at
the
broom
county,
clerk's
office
and
and
actually
what
I
would
ask,
is,
if
you're
going
to
make
that
lease
a
condition
of
approval.
I
would
ask
that
there
either
be
a
lease
or
that
their
provision
of
us
of
the
certain
number
of
parking
spaces
so
that,
if
it's
say
15
years,
the
lease
expires.
C
G
C
B
A
A
J
J
A
Thanks
do
we
have
the
second
applicant
Pike
development
from
183,
Water
Street.
A
K
K
So
the
previous
garage
that
I'm
sure
you're
all
very
familiar
with,
was
in
itself
not
compliant
with
the
zoning
it
was
built
out
to
the
property
line.
Two
of
the
variances
were
looking
for
are
both
area
variances
and
they
are
required
essentially
to
construct
the
garage
on
the
same
footprint
that
the
previous
garage
occupied,
that
is,
the
lock
coverage
variants.
K
The
zoning
allows
for
90
and
we
are
looking
for
100,
essentially
we're
building
right
out
to
the
property
line
on
the
same
similar
issue.
The
minimum
side
setback
for
the
parcel
is
20
feet
and
we
are
looking
for
zero
feet.
There's
only
one
side
yard,
if
you
will
for
this
slot,
since
it
wraps
the
block,
that
is
the
property
line
that
it
shares
with
Boscov's
and
part
of
the
project,
is
connecting
the
the
new
parking
garage
to
the
Boscov's
portion
of
the
parking
garage.
K
Just
as
the
previous
garage
had
that
connection,
we
also
have
a
height
variance.
K
K
But
since
there's
some
uncertainty
there,
we
thought
it
would
be
best
to
apply
for
the
variance
in
case.
We
need
that
extra
five
feet.
E
K
So
the
the
old
garage
has
been
demolished
and
in
the
interim
it's
recently
been
repaved
as
a
surface
parking
lot
or
at
least
half
the
parcel
has
so
that
Boscov's
still
has
the
appropriate
amount
of
parking
that
they
need
for
the
holiday
season.
It's
their
big
shopping
season.
So
there
is
currently
a
temporary
surface
parking
lot
there
in
the
interim,
but
construction
proper
has
not
begun.
D
E
F
You
can't
vote,
you
can
open
the
public
hearing
because
I
don't
think.
Does
anybody
here.
A
F
We
so
since
it
was
left
open,
you
can
ask
if
there's
anyone
here
to
speak
and
then
leave
it
open
and
payable.
Yeah.
A
Okay,
the
as.
D
A
Public
hearing
last
month,
if
there
were
anyone
here
to
speak,
we
we
could
reopen
it,
but
seeing.
A
Guess
there's
no
point
in
opening
the
public
hearing,
but
just
it
will
continue
it
held
over,
as
we
did
from
the
last
month
to
extend
the
hold
to
next
month.
Is
that
acceptable.
J
A
D
E
H
A
I'd
like
to
move
to
open
discussion,
public
hearing
of
183
Water
Street
can
I
get
a
second.
Second,
all
those
in
favor.
D
A
Aye
and
as
we
spoke
last
time,
we
did
when
we
were
having
public
hearing
we
deferred
Seeker
to
the
Planning
Commission
is
the
lead
agency
correct.
H
I
have
a
simple
question:
how
tall
is
Boscov's
just
one?
Will
the
parking
ramp
project
be
taller
than
vodka?
It.
K
Will
be
yeah
so
I
believe
Boscov's
is
either
four
or
five
stories
tall
I'd
need
to
clarify
that
I'm,
not
sure,
but
the
proposed
instructor
will
be
10
stories
so
almost
twice
the
height,
oh
okay,
but
the
top
five
stories
will
not
be
parking
garage.
It
will
be
a
residential
structure
that
sits
on
top
of
media
Department.
K
A
Any
other
questions,
no
we'll
probably
have
more
questions
for
you
next
month,
but
thank
you
for
coming
to
visit
us
sure.
We
appreciate
it
and
we
look
forward
to
hearing
more
about
the
project
I'm
about
to
go
to
table
this
action.
E
A
Can
we
know
maybe
two
first
Tuesday,
probably
first
Tuesday
of
next
month.
A
D
C
C
K
K
Actually
have
a
verification
on
that
schedule.
The
Cod
meeting
is
on
the
sixth,
so
this
will
be
before
the
Cod
yeah.