Planning Board - Regular Meeting

All right. Uh, call this uh meeting of the village uh the pling board and village of Cold Spring to order. Um, I don't have any remarks for today. Does anyone have any um items to add or modify for the agenda? No.

Okay. Uh let's look at the meeting minutes from the 24th. Uh I think you all here where this Oh, there we go. Right before I got through it. Okay. 100. seems to have a snazzy new layout.

Like to make a motion to accept the meeting minutes from July 24, 2025. Second.

All right. Um, move on to our main business public hearing for one square. So, I get a motion to open the public hearing. I make a motion to open the public hearing for the what is it? One depot square at dining pavilion. Second. All fave. I All right.

The notice into record. Um, please take notice to the village uh planning board of village Cold Spring will hold a public hearing pursuant to 134161B and 13417M of village law on Thursday August 14th 2025 village hall by Main Street Cold Spring New York and via video conference starting at 7 p.m. Um, the planning board will consider the application by James M. Copeland Deon uh representing the owner uh of Colt Spring Main Street property is one depot square. Uh the subject property designated 48.12-2-1 on the tax map at one depot square New York business one district as well as the village's historic district. The applicant's proposed installation of pavilion which uh requires psych review and pouching table. Uh planning board will consider all verbal and andor written statement from all persons interested in the proposed application and through the various manage described above. The planning board also consider such. All right. Some record keeping. Um, has the notice been timely published in the official newspaper?

Yes. Um, I see we have a proof of mailing to affected parties. Um, and I have an affidavit of signage. Um, have we received any public comment in writing, email, or in person? No. Um, don't think we've made a secret determination for this. Um, I think it's two. Yes. So, um, uh, do we need to make a vote for that or No, it Yeah, you can state it and we can bake it into any resolution.

Okay. Um, when you're ready. Okay. Great. Um so this is a type two action on a CPR does not require further um environmental review. U all right uh the applicant can come and present to the board um application and uh and in Saturday please this device. Okay. Do we have anyone online?

Hi there. Oh

hi everyone. So, one depot square, we're proposing adding a 25 by 50 foot one-story pavilion um on to the current outdoor seating gazebo area of the site. Um we have our parking count as far as what is contained within the bounds of the survey. We have 27 spaces of the required 26 spaces. There's some question as to which of those spaces are uh allocated for public right ofway by the village which I think we'll be talking about tonight. But just in terms of the survey of the property and where the property line stands, that's what's contained within the meets and bounds. As far as a more detailed site plan goes, we are going to be maintaining the existing PA patio, extending and uh removing any areas minimally as necessary to bring it up to the footprint of the new pavilion. We're going to be removing um one tree, the existing gazebo, a bit of boulders, and some stone walls to be redistributed in a landscaping um layout further on. Cleaning up the existing vegetation which is a bit overgrown towards that end of the property. Um relocating flag pole and monument that are currently there and um maintaining the current access from entrance. Some photos of the site as it is now. sands pavilions.

And then some imagery of the proposed pavilion, which would be a metal and glass greenhouse type structure, which is intended to replicate the original details of the main restaurant building and just kind of, you know, celebrate the heritage of this area and, you know, the metal working that went on there historically. Um, then the only other items in question were gutters and drainage. Just making sure that nothing is shed onto the sidewalk, onto the pa patio or into the road. And um, we have some copper gutters blending into the side of the building that will distribute the water towards the rear of the site. Did that um I know that you were you've been working with the HDRB. Did the design of the of the gazebo or of the of the pavilion change much?

Um they I think had some comments about the ornamentation which was toned down a little bit but um they referred us to here. So they haven't necessarily seen the updates uh as much as you guys have at this point. And it's been it's been kind of been bouncing around a little bit. a small amount. Okay. Um that we would prefer not having um um we get a little more detail on the storm water containment that on the

on the storm model. Oh, sure. It's um it is 88 in in depth. It is 49 and 8 ft long. Um it is stretch. Yes. Three and a half inch 3 and 1/2 ft wide. Uh has two uh 6 in copper um thirds that will go directly into that. Okay. And then there's there's actually vegetation that um is in front of that. Okay. So that'll help the plants will help absorb a lot of that water.

What what will happen to the water if it if that's not enough? The the only uh other it's slightly uh downhill. So we have about seven more feet. No, I'm sorry. We have about four more feet. Is this is to track? Yeah. Okay. Okay. It's fine. It goes it goes nowhere other than down here. Yeah. Thank you. Okay. Um I saw that um you submitted u an email about formalizing that you were in process of formalizing an agreement with MTA about the usage of their yes

property. Um so is there uh you have a sense of like the timeline of of having that formalized? So, when I spoke with them two days ago, legal teams and we should have an agreement, but they've been saying that since I started this in February of 2023. Okay. So, we've been going back and forth for two and a half years. Okay. But they said it is in the works and obviously the email says as such. Um Yeah. Yeah. That's that's less of preparing a new agreement than extending an existing agreement. Yeah.

Yeah. we were talking earlier um kind of off the record was that uh Greg has been making all payments to them. Yep. Yeah. You know, even without Right. So, basically, and they've been cashing the check. So, right. Did Did you also get a copy? Did you see the photo that was attached for the aerial view? Yes. Okay. Yeah. Um, yes, that one. The ones with the park car, right?

So, this is an interesting one where we have kind of a de facto agreement you've been paying been paying for it, but not an actual not an actual written agreement. Um, and it seems risky potentially to rely on them getting to an actual written agreement on like, you know, one one path that we can take on an application like this is to make an approval condition on the receipt of that that agreement. But if you've been working for two years on trying to get something, I would hate for you to have that in limbo.

So, um, when it comes to the consideration of the parking spaces, um, I'm wondering if it would be more prudent to not to not consider that space for now just so that your application is not hung up on that being a condition. The only thing I would say to that is the precedent that has been there to use of parking for a very long time. And as we talked about in the photo, there's cars parked there. Yeah. Yeah. Uh does the village attorney have any thoughts here on on whether we can kind of take established use? Yes. So

as an agreement, I catch up. So I'm going to ask a couple questions. So you're talking about the MTA agreement where you have like the tables set up on the side right by the tracks. Yeah. No. Well, it goes this area back here where you can fit lot actually sends at the Broadway line to That's why I was curious where you're getting the number 27, right? Because this map only shows 24, but it doesn't have Oh, that must be Yes, it's an older one. Yeah. So, so just legally without any additional agreements,

there is room for a couple of spots in there, but I mean really there's room for quite a bit more with the previously standing kind of expired but ongoing agreement with so I I didn't look at the old agreement close enough and I don't know what it covered or entailed but I don't think we have an old agreement written. Um I think there was there is there is one from 2007. Yeah. Oh, there is definitely has a copy. Yeah. So, I think there was an agreement and it just expired, but you're going monthtomonth because, you know, you're making the payments based on the same agreement,

right? So, I mean, I I think there's I guess there's two questions. Is does the original agreement allow for parking as well as for the dining? I I didn't look at it from that con component. And then the other question is, how many more spots do you think you can get in there, assuming the MTA is okay with it? Um, with just the required space needed for a spot, not how many cars we could actually jam in. I'm probably five or six more spots in there in addition to, you know, a few that have been added on already,

right? I I mean honestly it's really just a matter of of the waiverss right you already did you request the waivers yet from the from the village board I think we were discussing whether it was going to be yeah we're waiting for this yeah we wanted we wanted to know what number to to request that was that was the important part

so uh we were hoping to get more clarity on that agreement and um I believe where we settled last time you can tell me if if we have addition opinion now But that basically the nature of the public right of way basically um means that the spaces that are currently on the street are cannot be counted as off streetet parking except for the nine right I think yeah because of because of kind of established use prior use that we said that the nine could be used

well and the reason for that is because when you look at the definition of off- streetet parking, it says that it can't be on a even though this could be uh I mean I think it's public by use but even it's on a street and a street is defined as public or private. So I think we all agree that this is a street but that's just the way the code defines all street parking. can't be on any stream, whether public or private. And that's kind of where we came up with the analysis. But then we said, well, wait a second. There's been nine spots that have historically been designated, so let them get credit for those nine. I think that's fair. And then the other ones would be subject to the waiver. So, slightly interrupt. Yeah.

Um, the the width of the the rideway is 50 feet. Mhm. Um and when it was brought up last that the steed was enacted in 1882, the um the building the uh train station wasn't built until 1884

and it actually wasn't finished and in 40 years until 1897. So the fact that this deed pre uh dates even the the original beginning of the building. So I don't know how it can this deed this 50 foot wide can be considered um in in uh our parking. Um where does the 50 ft you know start and and stop? And it if you take it from the furthest end where it is right away on the survey that you have.

Yeah. But it is our our our area there is far more than 50 ft. Correct. I understand that. But there is a 50 foot ride ofway. It can't it shows up on your survey. Correct. Right.

And in that rightway there's definitely access. And traditionally I think it's not unreasonable to assume that when you have a right of way for access there's also other you know parking it kind of goes hand in hand with the access working with working along with the fact that uh the public parking that is being like being offered and given the village permission to use by Greg. You have no question about the fact that that's okay and legitimate for parking, but you're saying that so we can use it for public parking, but we can't use it for our own private parking.

Well, I think I think historically that's how it's been used. And the re and the rephrase parking, but you're saying that you can't use right away for parking. The village can't. But the village can't. Yeah, the I think it's a reasonable assumption. If you have a right of access, you have the right to park there, too. So, where does the 50 feet start and stop?

Yeah, it's on your survey. I think your survey and in fact, you can kind of see it overlapping with some of the parking spots, but it's it's definitely shown on your survey. Well, I think I think also just kind of keeping us keeping us on like focused on like the actual like task here in terms of what we're trying to clarify. So whether whether we include the MTA spaces, whether we include um uh like even if we even if we included all the spaces in front of the in front of the depot, uh we still need to request waiver or um or some some amount, right? And so I think that like that's a uh that's a step we will need to take in order to get this approved at at the end of the day. So then at the end of the day we're literally just saying what number are we are we writing on that waiver to send over to the village board. And my suggestion here is that given that it's it's just that number and that uh it sounds like um we have an old agreement. There's some question about what the language is in there about whether it allows for parking. You're getting a new agreement. There's some question about how long it's going to take. Um it's really it's really I guess it is up to the applicant to decide um how they want to proceed there because there's the number of waiverss has a cost associated with it. Right. So it it and

the the question I'm having if we're talking about historical use of the parking yeah then wouldn't I get credit for the MTA allotted spaces? Have they historically been used for parking areas? Yes, there's a there's a paved parking lot. There's a parked car in the MTA photo. I guess it's a little different because that's not village controlled or I'm just saying we're talking if we're talking about historical use that has been used for that. So, I feel like I should get credit for it at least that if the village is saying that there's historical use for the for the spots of my

It's probably about It's about juris. It's not our fault as far as whether like for the public rightway we're saying because the village kind of has somewhat of a say because it does have a public right ofway or the rightway in there but as far as you know I don't know if the MTA is going to historically be as forgiving you know we can't make that call that that's the big unknown and how long it's going to take to get that answer I mean for the you're looking at maybe five spaces so the question is really whether it's 14 waivers or nine waivers. That seems to be the I mean I think it's up to you if you want to wait for the MTA. If you want I mean I could take a look at the agreement to see um and and if you do have historical photos I can kind of take a look at it but it's really just going to be time.

The only photo I'm talking about is the one that that you have. Yeah. There's that's all I'm saying. It was a car parked and they didn't that's I mean it's not striped is it? No, they're not striped. But that was supplied by by the right I mean you know they're not striped the ones in the right of way at least are striped. Um but again it's really MTA is the one that's going to be like yeah okay sure you guys can continue to park there or you know know what we don't want you guys parking there. How would that how would that be communicated to us except in the form of an agreement? Correct. Something we're still kind of we're still waiting for more or less the same thing. Yeah. Or a letter from the NCAA or

we have a letter, but I don't something specific. Email. We have an email that in the voice. Let me see here. All right. Does the village have a concept of how many square feet make up a space? Yeah, it's in the code. Yeah. throw it out. Whatever spaces you could get in there would have to meet all the specific um requirements for a space. That's a good point. That's why I kind of ask I mean five, it could be more for the S and it's got to, you know, it's got to be able to work.

Oh, I can I can read this. This is from um Jason Ortiz with the mtahq.org. Uh MTA is currently drafting an agreement with Cold Spring main properties for use approximately 3,19 square feet of MTA property adjacent to former Metro North Cold Spring Station One Depot Square located east of the Hudson line right ofway in Colbury, New York. Approximately 1,93 square ft of the property will use for outdoor dining in connection with the main street properties restaurant and 1926 ft for storage and uses deemed necessary to the license seat. Please find the attached aerial out. Um,

oh, this is from the that's from the Here's the Yeah, okay. They'll I mean, given that we have a record from the MTA saying that that they are okay with uses Yeah. their drafting agreement saying saying that they're okay with uses deemed appropriate by the by the lease storage and uses deemed necessary. Yeah. So, I mean, I think that so I mean I I would like to take a closer look, but that makes it feel a little more comfortable. Yeah. Um, but I think we kind of need to know exactly. We need the site plane updated with the actual

how many actual spaces you can get on there that need code because it it's got to take it could take forever. The fact that you actually got a hold of somebody is amazing. I've been able to get a hold of someone all along with the the legal department NCA has been the hold up. Right. Right. Okay. So, um I think the the parking is essentially the the remaining issue, right? The issue.

Okay. So, um I think um we go ahead and open the open the meeting to public comment. Um, so, uh, Josh, you're the only one here.

Yeah. Uh, just so you know, um, if you are interested in making public comment about this application, state your name and address for the record. Please address your questions to the board and not to the applicant. Um, we may refer the question to the applicant, but um, generally we're the mediator here. Um and uh um yeah, we we we may or may not answer questions that you have um unless it's procedural in nature. So um all right, with that I'll open uh for public comment. Sure. Would you like to make comments?

I don't need to. I'm Ja. I live at Two Depot Square. um just dialing in to learn a little bit more. But it sounds exciting and I'm supportive. So that's all. Thank you for your comment. Appreciate that. Thank you. Um, well, I my my feeling is that given that we don't quite have I think like if we're going to I think we still don't quite have all we need if we're going to consider these spaces in the back. So, if the applicant would like us to try to move forward on considering those spaces, I think we have a path, but I think we can't do it today. So,

yeah. Got you got to see how many spaces you can get. That way we'll have an exact number. You guys twice a month, right? What was that? You guys meet once or twice. Twice. Twice a month. Yeah, twice a month. Have something that have those spaces used. We have the spaces outside of the MTA. Yeah. Um, can I ask uh is it is this something that requires a furthering of the public hearing or is it something that can be like x amounts per third to the village board for a parking waiver conditional on calculations from an updated site plan?

There there's a couple of paths and they're all they all have different, you know, strengths and weaknesses. So we could try to craft a set of conditions

and say look if all these conditions are met then we can you know the site plan can be stamped and approved and you know go about businesses those will those will definitely include the like if you're asking for a parking waiver that the village board approves you know parking the park enough waiverss to have you meet in code. Uh and if we are in a state where we all want to add additional condition which is like that we have a you know notorized legal agreement between you and the MTA then we will have to wait until like I won't be able I won't be able to damp any any site plans until I have that. It's it'll be a condition of the approval.

I should know this. But what what is the cost per space that you're making up? Oh I looked it up last time. 105 questions. Um, so this is um about about the layout and into the setback. Am I mistaken in thinking there's only one space number 25? Talking about this is all this space is paved, right? And it's owned by the MTA. So So we're basically talking about the spaces you can fit in here. But with so they the applicant's getting to 20 27 spaces without that, right? Well, right. But we're not letting them count.

So yeah, so these can't be counted and we're saying these can't be counted 10 through 20, right? Okay. And they've historically so they have given they have the nine and then 10 11 12 and then potentially whatever else is in here. Count. So the delta is five spaces. We need we need to squeeze them in to figure out exactly what what can be legally achieved in the space. So nine nine's a given. No I think 12. Yeah, it's 12, right? Because we have the three on the side. Yeah,

we're talking about $1,200. Yeah. So, I mean, just let's just go for the 14 and Okay, just make this easy. That sounds That sounds like a very reasonable plan. That's what I do. I wish I had known that earlier, but yeah. Yeah. All right. Um, does the board have um any comment about the Sorry. Well, well, I guess first let's I think that if we're going to just go if we're going to go with if the applicant is going to go with the spaces that are listed right here, I think we can I think we don't need additional time to analyze anything, right? Would you agree with that?

Yeah, I think that resolves the parking issue. My only other question is the variance. Did you guys receive obtain the variance? Our public hearing is in two weeks for the zoning you're talking about, right? The setback. Yes. Set back. Yeah. Okay. So, my only hesitation would be if for some reason the variance is denied, it's going to cause a shift right in the site plan. Uh so in the case where we made the approval conditions on it, it would we'd kind of be starting over. So yeah, you could make the approval condition on obtaining the variance, but if they don't obtain the variance, then they got to come back. Yeah. Fine.

I mean, you do you have an initial meeting with the ZBA and they seem somewhat receptive. Yeah. I would kind of leave that up to the applicant if they want with that. Take that advance quote unquote. you know, I don't you know, I probably low risk, but I don't know how receptive you receive. So, you know, you wouldn't be able to sign the actual site plans until we have that variance approval in hand. Right. That's true. You know, you probably, you know, you have to do, you know, not a new application, but you probably have to have another public hearing and stuff like that. Yeah. So, just throwing it all out there.

Scheduled for a public hearing. Yeah. He's saying he's saying if the zoning doesn't get approved, we'd have to come back and do the type of not the whole application, just the this is part of it. Yeah. Yeah. You don't get the variance, then you got other problems, right? Yeah. I mean, we're we're talking about 3 ft on the setback. The depot is one foot uh already. So, I'd be pretty surprised if we can't get that. And it's uh it's whatever the the length of it is, maybe three or four feet. Okay. And I would assume this agreement with the MTA probably also provides some relief to that problem as well, right? And we could probably get those spaces at that point. Well, I'm not going to speak for them. It's been two and a half years, but yeah,

you would think. No, I mean I I mean for the DBA's perspective, it's not like the the offset is being measured from the actual property line, which is which it should be, but you're getting it basically gives you this additional like buffer, right? You know, practically speaking, you have the right to use correct. Yeah. Further than your property, right? That's why I feel pretty comfortable with that. Okay. Gample. Okay. Um and then HDRB, you're still going back and forth with them. So, that would be another condition of the approval. Sure.

So, zoning approval, HDR approval, uh the waivers, uh you know, the waiverss on the building. Well, the HDRB was a conditional on this approval. So, how did that work? Oh, so they did. Yeah, they didn't they didn't give a conditional approval, but they basically said they're not kind of going to look at it. They want to referral mostly to zoning. But, yeah, that's that's a technical question I'm just curious about. Anyway, if I get planning board approval, what does the historic board approval have anything to do with the planning board approval? So, well, the whole thing kind of interrelated. Each board has their own lane that they focus on.

Um, but it's all related to the site plan and the planning board kind of has the ultimate say over the site plan, especially when the chair signs that site plan and then you can go for your building permit because you can't obtain a building permit until you have a signed site plan from the chairman. So he's got to or we the consultants have to help him make sure that everything is you know everything on this site plan has been approved whether it's the variances whether it's the HDRB and so the planning board can give you a conditional approval

but it's going to be condition conditioned on other factors. Well, my question though is if if we the plan board essentially is approving conditionally and we went back to historic with a historic issue, but it sounds like I'd have to come back here kind of almost start over again. No, no, no. Because the the HTB like they're concerned with like if we're if we're if we're helping to determine like the broad shape of the project and the site plan, they are concerned with details of the phys of the right

I guess I'm referring back to when we were talking about if we don't get the zoning approval and the public hearing that we'd have to come back here and start restart. That's why you'd have to shift you'd have to change your site plan. So, so that that just because the site plan gets changed then we have to come back in because of that. But if you get your approval from the ZBA and that doesn't change your site plan, right, then the chair might sign it once we have and I think you wouldn't you wouldn't call uh like cosmetic modifications uh like less likely that the any HDRB changes, they're not going to impact your site plan.

Right. Correct. But the zoning obviously could because it would could shift the location of the pavilion. So usually HDRB um does not impact the site plans as much. Yeah. I I you want to come back here. If you get all your approvals from the HDRB, you get your approval from the zoning board. Just have to give us copies and then we'll send like a memo or email to to Jesse say like, "All right, it's good. You can sign the site plan." Okay. And then I'll walk down the street and I'll sign it and I'll stamp it. Sounds good. And we'll be good.

Okay. Um, so I think that means I think we can close the public hearing if the board is comfortable. I mean, is any other sorry like uh sorry close the public comment. That's what specifically I mean I'll close the public hearing. Uh we will hopefully eventually get to that. Um, can we can I get a motion to close the um to close public comment and record? I'll make a motion to close the public comment on this project. One deeper square. Second. All in favor? I I did you abstain? No. I said

no, that was he was addressing me. Um, so no more comments from anybody at this point. No more no more public comments. Okay. So I Yes, I would agree. Okay, great. All right. Um, now is kind of board discussion. Um, so from my perspective, I think uh this feels like the like you know asking for the what was the final final number we said um 14 waivers. We need 26. Yeah. And we have 12.

So four I think. So applicants asking for the 14 waivers. Um I think the project as a whole is I think it looks great. It's going to be a good addition to that area. Um I appreciate taking seriously the drainage issue because we're the the village as a whole is struggling with with uh the changing weather patterns and um I appreciate that they're kind of responsibly handling that. Um, and uh, yeah, I'm all I have. What about other people? I brought this to sleep at the last meeting. When it comes to the waiverss, having to pay for a waiver on the property that you already own. And to me, it's goodwill that I've parked in those places, those other parking spaces. Everybody's parking over there. Um I don't I personally I would recommend um that you petition or we as a board recommend to the um the village board to do to do something about the waiver fee whether it's you know

I think unfortunately it is written in the village code as well the board can't the village boards say do something. They can my understanding is they can change the code, but that would be another public hearing uh and a and a pretty substantial endeavor. So, um but I think in um you know, we're allowed to provide comment to to the village board when we request the waiver on behalf of the applicant. Usually, you guys provide a recommendation.

Yeah. So, we try to run a recommendation. We can add some color commentary if the board would would like me to add some additional color commentary about um this particular property and um you know that we you know if we agree that we are um you know that we think it's an a challenging situation that we would like the board to to work to do the best to work with the applicant to rectify. I think that's something we can definitely add into the

that would be wonderful. I also want to to add to an analogy to this. Um, in Garrison, you've got the theater, you've got the resident of the restaurant, you've got dollies, and you have tenants. So, on show night, they park, the shows are after six o'clock. On the weekends, they park at the MTA parking lot for free. So other than a Friday night in Cold Spring before 6:00, if you're having an event, it may be behoove who's ever attending your clients. Hey, instead of paying any kind of parking fee for the weekend to Cold Spring, park at MTA for free.

So that's what I have to say. I feel for you. Thank I appreciate that. Yeah.

Um, yeah, I think it looks great. Um the the parking seems um just um uh something that's in the code that um sometimes doesn't make a lot of sense, but uh it's what's there and um so you got to do the math and get on with life. So, but other than that, it looks like it's going to be very nice. Does it have any air conditioning, heating? It will. Yes. Okay. That's it.

Anyone else?

I'm just going to uh like you did at the last meeting, just agree with Hillary and say like I I'm this I'm this stickler about parking and as my colleagues I think will agree. Um, and I just if if if we had the ambit to um give the applicant more relief over parking spaces, um I I would definitely vote for that. U I I would like to um recommend we we um uh that I comment to to the village board does support, but I think maybe we should even state how many spaces we we we feel We definitely should stay the number of spaces because that's Yeah. So the 14 we'll we'll we'll include that.

Okay. Yeah. And that's that's the full amount required to to meet code. Yeah. Yeah. Okay. Thank you. Um thank you.

Okay. Um well um so I think what we're coming down to is uh it sounds we have like directional support we're approving with a few conditions conditions of um uh approval of the variance sought by the zoning board. uh HDRB approval, the design, um the granting of 14 waiverss, uh parking waiverss by the village board, uh obviously the standard conditions, which is payment of all escro fees. Um and uh I think we usually have what are the other standard conditions?

DBA. Um I said DBA. Oh, you did? Yeah. Yeah. Here waivers fees.

Yeah, I think that's really it. You don't you don't have any engineering comments out there. No, no, this No, we got we got the the the drainage was what we got from the village engineer. So, that's been addressed. Okay. Um, all right. Um, if someone would like to make a motion um to approve this with those conditions. Do do we have to repeat the conditions? All right. I can make I can make the motion. Please do.

Um, all right. I will I'll submit a motion to approve the application um conditioned on uh the variance sought approved by the ZBA uh HDV approval of the design uh the granting of 14 waiver or parking waiverss by the village board uh and payment of all outstanding uh escrow fees for consultants and and other I'd like to second that motion. All in favor? I

I Okay. Um, so I will, as usual, I'll memorialize a written Yeah. resolution so that way we have it for the record. Yeah. We'll circulate it to the board members and if everyone's okay with it, you can sign it. Yeah. and we can be the latest set of the because I don't think I have the ones with these three. Um, can you can you send it electronically so that it's or actually send it to Abigail and then she can send them when is your next uh zone uh zoning board meeting? Uh the 26th I think is

two Tuesdays away. Uh, do you recommend I should I wait until the the the ZBA approves to send the requests for the waiverss or do you guys go ahead and send it? Um well if anything I don't see how that's going to impact right the only request for the wow a miracle that MCA you know I'll go ahead and and uh I would just make a referral. Yeah we have we have like a draft you have a sample that we've done for other ones.

Yeah. Um, okay. Yeah, the parking is not going to really be impacted by shouldn't be impacted by the ZBA decision. Okay. Um, I think that's that's it.

Thank you. It's last week.

Oh, good night. Thank you. Again. Yeah. Good night. Um, I don't have any more business. I have a quick a quick question if I may. Does the village board at least have the technical term wiggle room to say, "Oh, yeah, they're asking for 14 waivers, but you know what? We're only going to make them pay for 10 or seven. They can't do that." Okay. And and and critically like they don't have they, you know, obviously they can choose to grant however many waivers they feel is appropriate. Mhm.

So they can choose not to grant the full 14 and it and it would come back we have to find some other relief for whatever

they have to obtain variances but usually they abide by the planning board's recommendation and haven't had any issues in the 10 years I've been doing this. They they could asking this question, they could say, you know what, we have faith that the MTA is going to allow um allow parking those the spaces that are still up in the air that we they don't have a contract for. Couldn't the board the village board say, you know what, we have faith that that's going to happen. But can they do that or do they have to have the contract? It would be a change in this life plan. Okay. So you you unfortunately just make things harder for them. Of course. Okay.

They have to treat everybody they have to apply the law uniforms. So when you start making special exceptions for one applicant then other people start. That's why she had the blindfold on. She's not supposed to see what's going on. scales adjusting. Do we do we have any other condition here where there's the right right of way for the parking that somebody owns? Is there another situation like I don't think I know this is me this is an anomaly. So it's

unfortunately you have to apply the code and the code's definition of off streetet parking specifically says it can't be on a street whether it's public or private. For what it's worth I think like that fact would also be great ground for or a variant sought for the parking requirements to be granted. Okay. because it is anomaly and that the spaces are there kind of you know it's it's but I think that like that's that would be like if you really didn't want to pay you could seek a variance I think you would have you know ZVA would be reasonable in in applying the rubric and deciding this is a an unusual circumstance thank you

yeah so um it's such a tricky legacy pro um real estate. Yeah, it's a Yeah. Yeah, it's a lot of moving forward. It's a lot of move on one side, you've got a public right ofway that was granted over 120 years ago on the other side, right? Very loose paper that and it happens when you have these like these old villages, you know, this isn't the first time we've come across a tricky situation, you know, sure they're weirder ones you've encountered too. Yeah. You guys are famous for that.

Yeah, we got it. Are these waivers a way for the village to make money as well? It is. It is. And they're supposed to use that money to, you know, build a new parking lot or upgrade the parking lot, put in the parking meters in the parking lot. So, that's it is a specific fund. It has to be put to a specific parking fund. Um, you know, we've had businesses change over on Main Street, you know, two, three years later and then they have to still pay the waiverss and then they come back. So, it's not it's not grandfathered in if you're anytime you have a new use. All right.

You have to come in. So, you know, there's there's probably properties on Main Street that probably have, you know, every time a new business comes in, a new use comes in, they have to pay a waiver. I could probably think of one property that's probably paid three waivers in the 10 years I've been representing the village, but that's just the way the code's written. Um, okay. And parking is a big issue in every every village, you know, every city and village in Hudson Valley is is struggling parking. Anything else? Make a motion to adjurnn. Second. I Thank you. Everybody, thanks Abigail.

Nice meeting and seeing everybody. I'll tell Jonathan never to go on vacation again.