Jan 05, 2022 City Council

JOSH COHN RYE CITY MAYOR: MOVING NOW TO CONTINUE THE CONTINUED PUBLIC HEARING TO CREATE A NEW LOCAL LAW CHAPTER ONE LANDSCAPERS AND LEAF BLOWER REGULATIONS REQUIRING ALL LANDSCAPERS TO OBTAIN AN ANNUAL PERMIT IN ORDER TO OPERATE AS A LANDSCAPER AND RESTRICT THE USE OF LEAF BLOWERS HERE AGAIN I WOULD.

JOSH COHN RYE CITY MAYOR: ADD THAT WE PUT THIS OVER ON THE AGENDA, AFTER A GAP WITH THE THOUGHT THAT THERE WOULD.

JOSH COHN RYE CITY MAYOR: BE TIME FOR.

JOSH COHN RYE CITY MAYOR: MORE CONSTRUCTIVE DELIBERATION.

[00:20:03]

JOSH COHN RYE CITY MAYOR: AND JOSH COHN RYE CITY MAYOR: CERTAINLY IN MY CONVERSATIONS WITH PEOPLE ON THE COUNCIL IN THE LAST FEW DAYS IT'S.

JOSH COHN RYE CITY MAYOR: BEEN CLEAR THAT COUNCIL MEMBERS STILL HAVE FOR FORMATIVE VIEWS.

JOSH COHN RYE CITY MAYOR: AND THAT IT'S GOOD TO HEAR MORE FROM THE PUBLIC, BUT THAT WE WILL, AT THE END OF THIS PART OF THE PUBLIC HEARING PUT THIS TOPIC OVER WILL PROBABLY WILL I WOULD SUGGEST, PUTTING IT OUT TO THE SECOND MEETING IN FEBRUARY, SO THAT WE REALLY HAVE TIME TO.

JOSH COHN RYE CITY MAYOR: THINK THROUGH ALL WE.

JOSH COHN RYE CITY MAYOR: HAVE HEARD AND WILL NO DOUBT CONTINUE TO HEAR.

JOSH COHN RYE CITY MAYOR: THE ONLY THING THAT I WOULD LIKE TO ADD THAT HIS CAUGHT MY ATTENTION HAS BEEN.

JOSH COHN RYE CITY MAYOR: THE RESULT OF A CONVERSATION THAT I HAD WITH OUR CITY MANAGER GREG S3, AND THAT IS A REPORT FROM OUR DP W THAT OUTSIDE OF SPRING CLEANUP AND FALL LEAF SEASON AND SOME OTHER PARTICULAR TASKS.

JOSH COHN RYE CITY MAYOR: OUR DP W IS SUCCEEDING IN USING ELECTRIC LEAF BLOWERS, FOR THE REST OF ITS ITS BUSINESS, AND WE HAVE AN OFFER FROM DP W TO AS IT GOES THROUGH 2020 TO KEEP A RECORD FOR US OF WHEN AND IF IT FINDS THAT.

JOSH COHN RYE CITY MAYOR: ELECTRICALLY FOR BLOWERS ARE INADEQUATE FOR ANY PARTICULAR TASKS, SO WE, WE WILL BE COLLECTING THAT INFORMATION AS AGAINST THE INFORMATION THAT, BY AND LARGE DAY TO DAY RDP W IS SUCCEEDING WITH ELECTRIC LEAF BLOWERS.

JOSH COHN RYE CITY MAYOR: WITH WITH THAT THAT THAT OFFER OF INFORMATION.

JOSH COHN RYE CITY MAYOR: I'D LIKE US TO.

JOSH COHN RYE CITY MAYOR: HEAR WHAT THE PUBLIC HAS TO SAY.

KRISTEN WILSON: YOU'D LIKE TO SPEAK ON THIS MATTER IF YOU COULD RAISE YOUR HAND.

KRISTEN WILSON: SUKI VAN DYKE.

SUKI VAN DIJK: I'M SORRY MY HAND IS NOT RAISED FOR THIS MATTER, MY HAND IS RAISED, BECAUSE EMILY IS INELIGIBLE TO SERVE.

SUKI VAN DIJK: SHE HAS NOT LIVED HERE FOR THE LAST YEAR, YOU HAVE TO BE A RESIDENT FOR A YEAR TO SERVE AND EMILY HAD HER HOUSE RENTED OUT AND HER CHILDREN ENROLLED IN PUBLIC SCHOOL AT A DIFFERENT LOCATION.

SUKI VAN DIJK: AND AND I'M QUITE SURE, A NUMBER OF THE PEOPLE ON THE COUNCIL KNOW THIS SO I'M BAFFLED AS TO WHY THIS WAS DONE SO QUICKLY AND WHY WITHOUT THE PROPER REVIEW EMILY IS ABSOLUTELY INELIGIBLE TO SERVE.

JOSH COHN RYE CITY MAYOR: AS SUKI RIGHT WE DON'T THINK THAT EMILY IS INELIGIBLE TO SERVE WE DON'T THINK EMILY CHANGED HER DOMICILED.

SUKI VAN DIJK: AS WERE.

JOSH COHN RYE CITY MAYOR: ENROLLED OKAY.

JOSH COHN RYE CITY MAYOR: SOPHIE I AM SPEAKING NOW YOU SPOKE.

JOSH COHN RYE CITY MAYOR: THANK YOU, WE DON'T THINK SHE CHANGED HER DUMB AND SO, AND THIS IS AN APPOINTMENT, NOT IN THE ELECTION AND I'M GONNA LEAVE THE TOPIC THERE.

SUKI VAN DIJK: IN MY.

JOSH COHN RYE CITY MAYOR: VIEW IS TO TAKE IT FURTHER.

JOSH COHN RYE CITY MAYOR: OUT OUTSIDE.

SUKI VAN DIJK: OH ABSOLUTELY WELL.

HERE.

BOB ZAHM: THANK YOU.

BOB ZAHM: VERY MUCH APPRECIATED SEEING IN THE MATERIALS FOR YOUR MEETING THIS WEEK.

KRISTEN WILSON: CAN YOU STATE YOUR NAME AND OR.

KRISTEN WILSON: YOUR ADDRESS, PLEASE.

BOB ZAHM: I'M SORRY, THANK YOU, THANK YOU FOR THE REMINDER KRISTIN BOB'S ON SEVEN RIDGEWOOD DRIVE RIGHT NEW YORK.

BOB ZAHM: I WANTED TO THANK THE COUNCIL AND WHOEVER PREPARES YOUR PACKAGE OR PUTTING TOGETHER THE SUMMARY OF REQUESTED CHANGES OR SOME FEEDBACK ON THE PROPOSED ORDINANCE REGARDING LEAF BLOWERS.

BOB ZAHM: I WOULD VERY MUCH I APPRECIATE THE UPDATE THAT THE MAYOR EXPECT TO HAVE GUIDE AND CONSIDERED AGAIN IN FEBRUARY, AND I WOULD APPRECIATE I WOULD APPRECIATE KNOWING IF, AT THAT TIME, WE SHOULD EXPECT TO SEE A REVISION TO THE DRAFT IF THERE ARE ANY PROPOSED REVISIONS FROM THE COUNCIL MEMBERS.

[00:25:16]

JOSH COHN RYE CITY MAYOR: AND, AND THE THE, THE ANSWER IS YES, IF THERE WERE PROPOSED REVISIONS FROM THE COUNCIL MEMBERS AT THAT TIME WE'LL TRY TO PUT THAT OUT IN ADVANCE OF THE HEARING.

BOB ZAHM: THANK YOU.

KRISTEN WILSON: GOOD CAME.

GIBB KANE: YES, I THANK YOU, I LIVE ON.

GIBB KANE: STUYVESANT AND I'VE GOT A QUESTION THAT'S ALMOST THE SAME, AND THAT IS, ON THE DRAFT PROPOSAL THAT IS SENT OUT PRIOR TO THE MEETINGS, IT SEEMS TO BE VERY DATED AN ANTIQUATED.

GIBB KANE: IT THE MAYOR HAS SAID, AS AS DEPART 122 FIVE HE THAT KNOW ENTITIES WILL BE EXEMPT FROM THE REGULATIONS, AND THAT IS CURRENTLY IN YOU KNOW IN 122.

GIBB KANE: FIVE DOT FIVE HE DOES EXEMPT ALL THE YOU KNOW A NUMBER OF CLUBS AND MUNICIPAL BALADI OPERATIONS AND STUFF LIKE THAT, SO I THINK IT'S VERY MISLEADING, TO PUT IT UP THERE.

GIBB KANE: PRIOR TO EVERY MEETING IF THAT'S NOT WHAT THE INTENT IS SECONDLY, IN THE END.

GIBB KANE: THERE'S THE DEFINITION OF LEAF BLOWERS, AND THE DEFINITION IS ONLY FOR BACKPACKS AND WHO DOESN'T INCLUDE THE ROLLING LEAF BLOWERS AND AND I BELIEVE THAT THAT THAT IS AN OVERSIGHT AND IT SHOULD BE ALL TYPES OF LEAF BLOWERS, NOT JUST THE BACKPACK TYPE.

KRISTEN WILSON: ANYONE ELSE THAT WISHES TO SPEAK ON THIS MATTER, RAISE YOUR HAND.

CURTIS SPACAVENTO: CAN YOU HEAR ME.

CURTIS SPACAVENTO: YES, OKAY UM MOST RESIDENTS IN THE CITY OF RYE WERE UNAWARE OF THE RESTRICTIONS.

KRISTEN WILSON: CURTIS CAN YOU JUST STATE YOUR ADDRESS, PLEASE.

CURTIS SPACAVENTO: MY NAME IS CURTIS SPECIAL RENTAL PROPERTY OWNER ON FOOD OR FROM THE AVENUE, AND ALSO A LANDSCAPER AND RYE.

CURTIS SPACAVENTO: AND MOST RESIDENTS IN THE CITY ARRIVED WE'RE AWARE OF ALL THE RESTRICTIONS THAT THE CURRENT LAW DETAILS COMMUNICATION OF THE TIME OF THE NIGHT IGNITE KNICKKNACK WAS NOT.

CURTIS SPACAVENTO: WHAT IS TODAY AND MAKING CUSTOMERS AWARE OF THE DETAILS WAS DIFFICULT AT THE TIME.

CURTIS SPACAVENTO: CONTRACTORS THAT RETROFITTED THEIR MOWERS AND RESPONSE TO THE LAW WITH MILLENNIUM BLADES TO MINIMIZE THE NEED FOR BLOWERS.

CURTIS SPACAVENTO: THE LAW DISCRIMINATORY EXCLUDES OTHER FIELDS OF CONSTRUCTION THAT USE BLOWERS ROOFERS CARPENTERS TREE SERVICES MUNICIPALITY SCHOOLS COUNTRY CLUBS, ETC.

CURTIS SPACAVENTO: CONTRACTORS ARE ALREADY.

CURTIS SPACAVENTO: REQUIRED TO LICENSE WITH THE COUNTY IF THE LICENSES PAST WITH OTHER MUNICIPALITIES WILL FOLLOW THE SUIT AND WE WILL NEED TO REGISTER WITH ALL TOWNS THAT WE WORK IN.

CURTIS SPACAVENTO: IT IS VIRTUALLY IMPOSSIBLE NOT TO USE BLOWERS MANY PROPERTIES IN AWRY DUE TO THEIR SIZE, THE CURRENT LAW RESTRICTS THE USE OF BLOWERS TO ALL PROPERTIES, OTHER THAN THE R ONE ONE BLOWER SO ON A TWO PLUS ACRE PROPERTY IS REASONABLE OR NONE AT ALL.

CURTIS SPACAVENTO: RESTRICTING THE USE OF MULTIPLE GAS BLOWER MOTOR MULTIPLE GAS POWERED EQUIPMENT DURING THE FALL IS IMPOSSIBLE.

CURTIS SPACAVENTO: WE CAN USE A BATTERY POWERED LEAF VACUUM I DON'T EVEN THINK THAT THEY EXIST.

CURTIS SPACAVENTO: OR SMALL LEAVES IN THE BREEZE LEFT UNCOLLECTED WILL BE WASHED INTO THE STORM DRAINS AND ADDED TO THE FLOOD ISSUES THAT ALREADY IS A PROBLEM.

CURTIS SPACAVENTO: IN THE BUSINESS WE USE BACKPACK BLOWERS, IN COMBINATION WITH LEAF VACUUMS TO PROPERLY CLEAN UP THE DEBRIEF BATTERY PACK BLOWERS.

CURTIS SPACAVENTO: WHEN THE LEAVES ARE WET THEY'RE NOT ADEQUATE, I BELIEVE THAT CITY OF RYE HAD SOME DEMONSTRATION IS DONE AND THEY SAID THAT IT WASN'T DONE, THAT WOULD NOT WORK OR EITHER.

CURTIS SPACAVENTO: REMOVING RESTRICTIONS ON GAS POWERED EQUIPMENT FOR STORM CLEANUP MEANS ALL WE HAVE TO OWN.

CURTIS SPACAVENTO: WE HAVE TO OWN THE GAS POWERED EQUIPMENTS, JUST IN CASE THAT THERE'S A STORM.

[00:30:04]

CURTIS SPACAVENTO: SO THAT'S SAYING THAT YOU KNOW THAT THE BATTERY PACK BLOWERS ARE INADEQUATE TO CLEAN UP ANY KIND OF STORM DAMAGE, BUT YOU WANT US TO HOLD ON TO THAT EQUIPMENT, JUST IN CASE.

CURTIS SPACAVENTO: THAT'S JUST NOT RIGHT TECHNOLOGY IS NOT AT THE POINT TO REQUIRE LANDSCAPE LANDSCAPE IS TO CONVERT IMMEDIATELY TO ALL BATTERY.

CURTIS SPACAVENTO: THERE SHOULD.

KRISTEN WILSON: YOUR TIME'S UP IF YOU WANT TO SPEAK AGAIN, NO ONE ELSE HAS THEIR HANDS RAISED, YOU CAN COME BACK.

OKAY.

KRISTEN WILSON: ANYONE ELSE WOULD LIKE TO SPEAK ON THIS MATTER IF YOU COULD RAISE YOUR HAND.

KRISTEN WILSON: YOU'RE ON THE PHONE IT'S STAR NINE.

KRISTEN WILSON: SO THE PHONE NUMBER ENDING IN 737.

1914****737: HERE HONEST.

1914****737: GOOD EVENING CITY COUNCIL, THIS IS KATE BRIGGS.

1914****737: AND I LIVE AT ONE WALNUT STREET.

1914****737: I JUST WANTED TO APPRECIATE YOUR TIME THIS EVENING AND JUST CONTINUE THIS CONVERSATION IS IS I'VE SPEAKING TO HOMEOWNERS.

1914****737: ABOUT THEIR PROPERTIES AND ABOUT THIS POTENTIAL LANDSCAPE PROPOSED LAWS AND THAT NUMEROUS PEOPLE DON'T REALLY.

1914****737: HAVE CONCLUDED THAT THEY JUST DON'T REALLY KNOW WHAT IT'S LIKE BEYOND THEIR PROPERTY OR THEIR OWN SCOPE OF EXPOSURE TO RUN A BUSINESS AND UNDERSTAND HOW THE EQUIPMENT IS USED AND HOW IT IS.

1914****737: NECESSARY FOR US TO DO OUR JOBS IN EFFICIENT MATTER AND.

1914****737: AND IN A TIMELY MATTER IT'S A SHORT SEASON IN THE FALL WITH THE LEAF CLEANUPS AND LUCKILY THIS FALL WAS KIND TO US WITH WEATHER CONDITIONS OF NOT HEAVY RAINS AND A VERY LONG SEASON OF FALL, BUT OTHER YEARS IT'S SHORTER I JUST DON'T FEEL THAT THE TECHNOLOGY OF THE EQUIPMENT IS AVAILABLE.

1914****737: FOR US OUT IN CALIFORNIA MY BROTHERS OUT THERE YOU LOOKED UP THE LAWS OUT THERE, THEY ARE GIVING A LONGER RUNWAY OF TIME OF FOUR TO FIVE YEARS.

1914****737: THEY'RE ALSO GOING TO BE FUNDING FOR NEW EQUIPMENT, BECAUSE THEY UNDERSTAND THAT THE OVERHEAD OF EQUIPMENT AND THE DEPRECIATION OF EQUIPMENT.

1914****737: IS A BIG CONSIDERATION SO TO TURN US AROUND OVER HERE ON THE EAST COAST AND TO HAVE US JUST FLIP ON A DIME AND START OPERATING WITH NEW EQUIPMENT, I THINK IT'S A LITTLE UNREALISTIC.

1914****737: I THINK ONE OF THE THINGS THAT WE NEED TO CONSIDER IS THE SIZE OF THE PROPERTIES A FOURTH IN A BIT ACRE UNDER IS MUCH EASIER TO MANAGE WITH A SMALLER CREW.

1914****737: AND THEN TWO POINTS POINT 2621 ACRE IS A DIFFERENT SIZE AND A DIFFERENT APPROACH AND A DIFFERENT CONSIDERATION AND THEN AN ACRE AND ABOVE.

1914****737: THESE ARE ALL DIFFERENT APPROACHES AND NEED DIFFERENT EQUIPMENT AND MEN.

1914****737: AND IT'S MUCH MORE EASY BILL EASY TO MANAGE ON A SMALLER SCALE, PROPERTY, AND I ALSO FEEL THAT A LOT OF PEOPLE THAT HAVE BEEN PUT FORTH THEIR COMMENTS.

1914****737: ON THESE PROPERTIES HAVE BEEN FROM SMALLER SCALE PROPERTIES UNDER A FOURTH OF AN ACRE OR JUST OVER FOURTH OF AN ACRE AND UNDER, SO I THINK WE NEED TO FOCUS ON THE EQUIPMENT AND ON THE TIMELINE AND HOW WE CAN SET THIS FORCE AS A COMMUNITY EFFORT TOGETHER, THANK YOU VERY MUCH FOR MY TIME.

KRISTEN WILSON: THERE'S ANYONE ELSE, THAT WOULD LIKE TO SPEAK, IF YOU COULD RAISE YOUR HAND.

KRISTEN WILSON: MR HANDS RAISED, MR MAYOR.

JOSH COHN RYE CITY MAYOR: OKAY, SO UM, I WOULD LIKE US TO.

JOSH COHN RYE CITY MAYOR: CONTINUE THE PUBLIC.

JOSH COHN RYE CITY MAYOR: HEARING I'D LIKE TO PUT IT OVER TO THE SECOND MEETING IN FEBRUARY.

JOSH COHN RYE CITY MAYOR: AND LET'S ALL WORK ON THOUGHTS ON WHAT SHOULD BE IN A NEW DRAFT IN THE INTERIM.

JOSH COHN RYE CITY MAYOR: IS THAT ACCEPTABLE TO MY COLLEAGUES.

BEN STACKS RYE CITY COUNCIL MEMBER: MR MAYOR DID WE FINISHED WITH MR SPOCK EVENT OH, I KNOW WE.

BEN STACKS RYE CITY COUNCIL MEMBER: DIDN'T SOUND LIKE HE WAS TOTALLY FINISHED, I JUST WANT TO MAKE SURE HE HAD HAD FINISHED.

[6. Open the public hearing to adopt a new local law amending Chapter 197 “Zoning” of the Code of the City of Rye setting new restrictions on lot width and configurations of properties in new subdivision.]

[00:35:04]

KRISTEN WILSON: AND RAISE A SECOND AGO AGAIN CURTIS IF YOU'D LIKE TO SPEAK, IF YOU COULD RAISE YOUR HAND IF YOU'RE IF YOU ARE FINISHED, YOU CAN HEAR US.

CURTIS SPACAVENTO: YEAH I'M SORRY I WAS HAVING A TOUGH TIME WITH THE COMPUTER.

CURTIS SPACAVENTO: I DO AGREE WITH EVERYTHING THAT THIS IS BEING SAID AGAIN, MY NAME IS CURTIS BACK A BENTO PROPERTY LEARNING THEATRE FROM DOMINO AND I'M A LANDSCAPER AND I DO THINK THAT THERE SHOULD BE SOME SORT OF A PHASED OUT PERIOD.

CURTIS SPACAVENTO: JUST LIKE THEY WOULD FOR ELECTRIC CARS SAME THING WITH THE REGULAR GAS VERSUS NON LEADED GAS, SO THE BUSINESS OWNERS CAN SLOWLY REPLACE A GAS POWERED EQUIPMENT WITH ALL THE NEW TECH TECHNOLOGY.

CURTIS SPACAVENTO: AND I DO THINK THE EXISTING LAW NEEDS TO BE ADJUSTED ON THE SIZE OF THE PROPERTIES, THE TWO ACRE TWO AND A HALF ACRE PROPERTY WITH ONE PIECE OF EQUIPMENT ON IT JUST IS NOT.

CURTIS SPACAVENTO: WORKING.

CURTIS SPACAVENTO: SO, AGAIN, I THINK THAT A LOT OF THAT HAS TO DO WITH WHEN THE OTHER LAW WAS PASSED THAT THE COMMUNICATION AT THE TIME OF THE ACKNOWLEDGEMENT WAS NOT.

CURTIS SPACAVENTO: WHAT IT IS TODAY, SO NOW THAT MORE PEOPLE IN CITY OF RYE KNOW WHAT'S GOING ON YOU'RE HEARING A LOT MORE VOICES, ESPECIALLY WITH THE PETITION THAT WAS SENT AROUND.

CURTIS SPACAVENTO: SO PLEASE TAKE ALL THAT INTO CONSIDERATION WHEN YOU ARE REDRAFT DRAFTING THE LAW, THANK YOU FOR YOUR TIME.

KRISTEN WILSON: ANYONE ELSE.

JOSH COHN RYE CITY MAYOR: SO.

JOSH COHN RYE CITY MAYOR: IS EVERYBODY COMFORTABLE WITH.

JOSH COHN RYE CITY MAYOR: ROLLING THIS OVER SECOND MEETING IN FEBRUARY.

JOSH COHN RYE CITY MAYOR: SO, BUT SO SO SO BEING.

KRISTEN WILSON: YOU JUST MAKE A MOTION TO ADJOURN IT TO FEBRUARY 16.

JULIE SOUZA RYE CITY COUNCIL MEMBER: YEAH SO MUCH DONE.

SECOND.

JOSH NATHAN RYE CITY COUNCIL MEMBER: AYE AYE.

BYE.

JOSH COHN RYE CITY MAYOR: OKAY.

JOSH COHN RYE CITY MAYOR: NOW I'M I'M ACTUALLY GOING TO TURN TO YOU CAROLINA.

JOSH COHN RYE CITY MAYOR: AND ASK YOU TO TAKE US THROUGH THE INTRODUCTION TO THE SEVERAL PROPOSALS THAT HAVE COME FROM THE COMMITTEE ORGANIZED PURSUANT TO OUR DECISION TO HAVE A MORATORIUM CERTAIN RESPECTS UM AND FOLLOWING FROM THE COMMITTEE THAT YOU CAROLINA CHAIRED.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: THANK YOU MAYOR, I HAVE NICK EVERETT AND MIKE HARRINGTON HAVE YOU PLEASE RAISE YOUR HANDS, WE CAN ELEVATE YOU TO BE PANELISTS.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: THANK YOU SO MUCH FOR JOINING US AND TO REMIND PEOPLE OF HOW WE GOT HERE, WE PUT A MORATORIUM IN PLACE AND WE.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: GOT TOGETHER A GROUP WHICH INCLUDED LAURA BRITT SUSAN BROWN TRACY STORE OUT BY BRIAN AND NICK EVERETT MICHAEL HARRINGTON WHICH ARE SHARP.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: COUNCIL MEMBERS RETURN MECCA AND BEN STACKS AND CITY STAFF, CHRISTINE WILSON AND CHRISTIAN MILLER, WE ALL DELIBERATED AND COMPROMISED ON THE LANGUAGE THAT WE HAVE PROPOSED HERE.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: SO THE FIRST ONE WE'RE GOING TO TACKLE IS THE AMENDMENT TO CHAPTER 197 AND.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: WE ARE ALL CONCERNED ABOUT HOW MANY TREES ARE CUT DOWN IN IN IN OUR CITY AND ONE OF THE THE ZONING REVISION WILL.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: WILL HELP US IN PRESERVING SOME OF THE TREES WHEN SOMEBODY COMES IN AND WANTS TO CREATE A SUBDIVISION RACES ALL THE TREES IN ONE PROPERTY FOREVER CHANGING THE LANDSCAPE TO NEIGHBORS AND SOMETIMES GERRYMANDERING A LOT AND PUTTING IN A COUPLE OF HOUSES WERE ONCE THERE WAS ONLY ONE STRUCTURE.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: AND NICK CAN SPEAK TO IT A LITTLE BIT MORE, IF YOU WISHED.

NICK EVERETT: YOU DO YOU WANT TO TALK ABOUT 197 RELATIVE TO THE FLAG LINE ISSUE.

NICK EVERETT: AND GERRYMANDERING.

NICK EVERETT: CORRECT SO THE FIRST OF ALL, BEFORE I START, IF I COULD JUST SAY THAT I SERVED WITH RICHARD MECCA ON BOTH THE VAR AND THE PLANNING COMMISSION OUR DAUGHTERS WENT TO SCHOOL TOGETHER GRADUATE IN THE SAME YEAR FROM MY HIGH SCHOOL AND BOTH HAVE RETURNED TO LIVE HERE WITH THEIR FAMILIES.

[00:40:13]

NICK EVERETT: AND HE'S A WONDERFUL PERSON, WHOEVER TAKES A SHOOT IS REPEALED THE SHOES FROM THE COUNCIL HAS BIG SHOES TO FILL, SO I HOPE THAT WORKS OUT.

NICK EVERETT: 197 WAS PUT TOGETHER REALLY TO COUNTERMAND A CONCERN IN THE PLANNING COMMISSION'S HEAD AND FIRST EXPRESSED IN 2005.

NICK EVERETT: ABOUT FLAG LOTS AND THE AWKWARDNESS HE CREATES WHEN A HOUSE HAS BUILT DIRECTLY BEHIND ANOTHER ONE.

NICK EVERETT: WE'VE HAD FOR A LONG TIME, A SECTION IN 197 THAT MAKES AN EXTRA 50 YARD FRONT YARD SETBACK, SO IF THE FRONT YARD SETBACK OR 20 FEET, IT WOULD BE 70 FEET, BUT THAT DOESN'T REALLY GO A LONG WAY TO SOLVING THE AWKWARDNESS.

NICK EVERETT: WE TRIED HARD, IS IT SORT OF SUBCOMMITTEE TO COME UP WITH A SOLUTION THAT WAS A BALANCED PROPOSAL A FLAG LOT IN A ARE ONE OR ONE ACRE ZONE IS QUITE DIFFERENT THAN IN SOME OF THE SMALLER ZONES.

NICK EVERETT: AND SO THE SOLUTION WE CAME ON WHICH IS PROPOSED HERE IS THAT THE FLAG PORTION OF A FLAG LAW, THE PORTION THAT GOES OUT TO THE FRONTAGE WOULD HAVE TO BE A MINIMUM OF 60 FEET.

NICK EVERETT: SO THE IF YOU LOOK AT OUR FRONT YARD SAID FRONT YARD WITH REQUIREMENTS.

NICK EVERETT: 60 FEET, IS THE WIDTH OF OUR SMALLEST ZONE, THE ARE SIX.

NICK EVERETT: AND EVEN THE FIVE AND OUR FOUR WHICH GO UP TO 8075 AND 85 FEET 6060 FEET, WOULD BE A MAJOR MAJOR PORTION SO IT DOESN'T REALLY COME TO YOUR INTO THE.

NICK EVERETT: OR TWO, AND THEY ARE ONE ZONES, THEY HAVE TAKEN ONE ACRE MUCH OF A FRONT EDGE OF 115 AND 150 RESPECTIVELY, THAT IT WOULD MAKE ANY SORT OF SENSE AT ALL AND IN THOSE ZONES, YOU COULD POTENTIALLY HAVE A BIBLE WITH EXCEPT.

NICK EVERETT: THOUGH THAT IT REALLY THEY JUST THAT WOULD BE.

NICK EVERETT: BETTER TO ADDRESS COLDER SEX WITH WHERE THE ROADWAY IS CIRCLE A LOT TO BE TREATED A LITTLE BIT DIFFERENT.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: WITH ANY COUNCIL MEMBERS HAVE QUESTIONS.

JOSH COHN RYE CITY MAYOR: NOW KNOW THAT THIS TIME, BUT.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: EMILY JUST.

EMILY HURD RYE CITY COUNCIL MEMBER: JUST A QUICK QUESTION I'LL REVIEW IT CAREFULLY I'M SORRY I HAVEN'T DONE THAT YET, BUT I JUST WANTED TO UNDERSTAND THE 60 FOOT NICK THAT YOU MENTIONED.

EMILY HURD RYE CITY COUNCIL MEMBER: UM DO YOU MEAN 60 FEET DEEP LINK, SO THE DRIVEWAY WOULD BE 60 FEET LONG BEFORE YOU COULD GET TO THE PROPERTY OR DO YOU MEAN THAT IT HAS TO BE 60 FEET WIDE SO IT ELIMINATES THE ABILITY TO HAVE LIKE A NARROW DRIVEWAY FLAG.

NICK EVERETT: THE LADDER, WHO WOULD HAVE TO BE 60 FEET WIDE.

NICK EVERETT: FROM THE ROADWAY.

NICK EVERETT: ALL THE WAY TO THE REAR YARD SETBACK.

EMILY HURD RYE CITY COUNCIL MEMBER: OKAY, GREAT THANK YOU THIS IS AWESOME I REMEMBER TALKING TO YOU ABOUT THIS NICK BACK WHEN I WAS ON THE COUNCIL AND IT'S REALLY EXCITING TO SEE THIS SO GREAT WORK CAROLINA THANK YOU.

JULIE SOUZA RYE CITY COUNCIL MEMBER: KEVIN TEAM, I HAVE A QUESTION, TOO, I MEAN WITH SOME OF THESE FLAGS LIKE IS THERE.

JULIE SOUZA RYE CITY COUNCIL MEMBER: IS THERE A SIZE, BY WHICH THIS ISN'T AS BIG OF A DEAL.

JULIE SOUZA RYE CITY COUNCIL MEMBER: DO YOU KNOW WHAT I MEAN, I THINK WE SEE SOME REALLY EGREGIOUS EXAMPLES, BUT ON A ONE AND A HALF ACRE LOT YOU, BECAUSE IF YOU GO DOWN LET'S SAY LIKE RACE CHURCH OR SOME YOU KNOW SOME OF THESE OTHER FOREST OR WHATEVER, THERE ARE PLENTY OF FLAG LOTS THAT DON'T LOOK.

JULIE SOUZA RYE CITY COUNCIL MEMBER: LIKE YOU KNOW, TWO HOUSES TRYING TO BE SHUT DOWN 2.5 OR POINT SIX ACRES RIGHT, SO I JUST I'M WONDERING IF THERE IS SOME SORT OF.

JULIE SOUZA RYE CITY COUNCIL MEMBER: ACREAGE OR WHATEVER THAT BY WHICH THIS IS BE YOU KNOW.

JULIE SOUZA RYE CITY COUNCIL MEMBER: IT'S NOT AS A SENSE OF.

NICK EVERETT: I THINK.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: WITH.

NICK EVERETT: OF THE LOT IT REALLY BECOMES PROBABLY A LOGICAL THING IN THE ARE TWO IN OUR ONE SO.

RIGHT.

NICK EVERETT: I THINK, ONCE YOU GET INTO IT, ARE THREE OR FOUR, WHERE THE FRONTAGE IS 100 FEET OR 85 FEET, IT WOULD BECOME IMPRACTICAL FOR SOMEBODY TO DO THAT.

JULIE SOUZA RYE CITY COUNCIL MEMBER: RIGHT OKAY I JUST DIDN'T KNOW THAT COVERED THAT OR IF IT WAS.

JULIE SOUZA RYE CITY COUNCIL MEMBER: ALL RIGHT.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: RIGHT AND, IF YOU TAKE A ZONING IF YOU TAKE A LOOK AT THE ZONING MAP OR RIGHT REALLY THE LAWS THAT ARE BEING IMPACTED BY THESE ARE MINIMAL IT'S JUST A HANDFUL OF PROPERTIES IT'S NOT.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: IT'S NOT THE MAJORITY.

JULIE SOUZA RYE CITY COUNCIL MEMBER: OKAY, AND THAT WOULD BE GOOD TO ME DO WE KNOW THAT NUMBER, BECAUSE I MEAN IT'S NOT.

JULIE SOUZA RYE CITY COUNCIL MEMBER: AS FIDUCIARIES WE SORT OF LIKE OKAY, THEN THAT'S DEVELOPED LAND AND MOST OF OUR REVENUE COMES FROM TAX, YOU KNOW WE'RE.

[00:45:06]

JULIE SOUZA RYE CITY COUNCIL MEMBER: THAT'S WE'RE MAKING THAT NON TAXABLE POTENTIALLY RIGHT IN TERMS OF A NEW POT OF PROPERTIES SO JUST KNOWING THAT IT'S A MINIMAL NUMBER IS HELPFUL DO WE DO WE HAVE A SENSE.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: WELL, IT SO HERE WE ENTER INTO OKAY SO IT'S IT'S TAKE A LOT THAT'S UNDER A HALF AN ACRE AND NOW IT'S GOING TO GET TWO HOUSES SO OKAY, SO WE ARE NOW TAXING ANOTHER HOUSE BUT.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: WE ARE CREATING RENAULT FOR THE NEIGHBORS WE ARE CREATING LOSS OF PRIVACY, FOR THE NEIGHBORS WERE CREATING FLOODING ISSUES FOR THE NEIGHBORS WERE CREATING LOSS OF PROPERTY VALUE FOR THE OTHER NEIGHBORS SO YOU KNOW THAT'S WHAT WE HAVE TO BALANCE HERE.

NICK EVERETT: BUT JULIE ALSO IT'S DIFFICULT IN THAT THEY'RE TOPOGRAPHIC ISSUES AS WELL, AND ISSUES, SO WHEN YOU LOOK AT A PIECE OF PROPERTY LIKE CHRISTIAN TRIED TO DO IN 2006 AND QUANTIFY IT IT'S JUST VERY DIFFICULT TO KNOW AT THE END OF THE DAY, WHAT YOU WOULD COME OUT WITH.

CHRISTIAN K. MILLER, CITY PLANNER: YEAH ANOTHER WAY TO LOOK AT THAT QUESTION, THOUGH, IS TO ASK HOW MANY SUBDIVISIONS, IS THE PLANNING COMMISSION DO IN A TYPICAL YEAR OR HOW MANY ADDITIONAL LOTS OF THING CURRENT BEEN CREATED OVER THE LAST.

CHRISTIAN K. MILLER, CITY PLANNER: 510 15 OR EVEN 20 YEARS IT ACTUALLY ISN'T THAT MANY ON AVERAGE YOU'RE LOOKING AT A COUPLE OF LOTS THAT ARE ADDED TO THE TO THE INVENTORY EVERY YEAR NOW, YOU WOULD LOSE SOME OF THOSE.

CHRISTIAN K. MILLER, CITY PLANNER: SO IT, YOU KNOW IT'S NOT LIKE YOUR UNIVERSE OF SUBDIVISION IS YOU KNOW HUNDREDS OF LOTS A YEAR AND NOW IT'S GOING TO GO DOWN TO A FRACTION OF THAT.

CHRISTIAN K. MILLER, CITY PLANNER: BUT THERE WILL BE SOME LOTS THAT HAVE SUBDIVISION POTENTIAL TODAY THAT WON'T HAVE IT UNDER THE PROPOSED LAW.

CHRISTIAN K. MILLER, CITY PLANNER: BUT THE WAY THE LOT WITH REQUIREMENT HAS BEEN DESIGNED, IS THAT IT WOULD BE LESS IMPACTFUL TO THOSE LARGER WAS OWNED PROPERTIES HALF ACRE AND ONE ACRE WHERE, AS THE COMMITTEE BELIEVES THOSE KINDS OF ARRANGEMENTS ARE LESS OBJECTIONABLE.

EMILY HURD RYE CITY COUNCIL MEMBER: AND NOW I WAS JUST GONNA SAY I KNOW THAT THERE WERE YOU KNOW CHRISTIAN I REMEMBER GOING THROUGH THIS, THE NUMBER OF SUBDIVISIONS REALLY ISN'T THAT MANY, BUT I THINK, PARTLY BECAUSE THE FLAG LOTS HAVE BEEN ALLOWED ON UNDERSIZED PROPERTIES, WHERE IT IS.

EMILY HURD RYE CITY COUNCIL MEMBER: OFFENSIVE IN AND FOR WHATEVER REASON, ON ON MAIN ROAD SO SO MANY PEOPLE ARE AWARE OF THEM THAT THAT THIS WILL BE A NICE CHANGE, I THINK, BECAUSE HOPEFULLY WE CAN AVOID SOME OF THE SORT OF CONTROVERSIAL SUBDIVISIONS THAT HAVE HAPPENED IN RECENT YEARS.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: SO WE'RE OKAY WITH THESE CAN WE HAVE THE PUBLIC, BECAUSE WE DID OPEN IT DID WE OPEN THE PUBLIC HEARING ALREADY KRISTEN OR IS THAT SOMETHING.

KRISTEN WILSON: NO, I, AND I JUST WANT TO BE CLEAR THAT IT.

KRISTEN WILSON: MAY MAKE MORE SENSE TO OPEN THEM AND HAVE COMMENTS ON EACH ONE SEPARATELY.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: SEPARATELY RIGHT YEAH.

JOSH COHN RYE CITY MAYOR: SO AS WE'VE WE'VE WE'VE KIND OF WE ACTUALLY ARE TEED UP.

JOSH COHN RYE CITY MAYOR: TO HAVE STARTED WITH STEEP SLOPE PROTECTION, BUT WE HAVE NOT SO YEAH WHY DON'T WE.

JOSH COHN RYE CITY MAYOR: GET OUR COMMENTS ON THIS ON CHAPTER 197 OUT OF ORDER AND THEN WILL FALL BACK TO THE STEEP SLOPE QUESTION.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: OKAY SORRY I THOUGHT I HAD THE AGENDA.

KRISTEN WILSON: YOU JUST NEED TO OPEN THE PUBLIC HEARING THE MOTION FOR CHAPTER 197.

JOSH COHN RYE CITY MAYOR: MAY HAVE EMOTION, PLEASE.

BEN STACKS RYE CITY COUNCIL MEMBER: MOVE.

SECOND.

JULIE SOUZA RYE CITY COUNCIL MEMBER: AYE AYE.

KRISTEN WILSON: ANYONE WOULD LIKE TO SPEAK ON THE PUBLIC HEARING ADDRESSING AMENDMENTS TO CHAPTER 197 SETTING NEW RESTRICTIONS ON NOT WITHIN CONFIGURATIONS OF PROPERTIES IN NEW SUBDIVISIONS GOOD RAISE YOUR HAND, YES, THIS GRANGER HEAVENS.

KGRAINGERHOBBINS@GMAIL.COM: HELLO, THIS IS JOHN HOPKINS 75 OAKLAND BEACH AVENUE.

KGRAINGERHOBBINS@GMAIL.COM: AND WE'RE PART OF THE PROBABLY PART OF THE GROUP OF THE NEIGHBORHOOD THAT PROBABLY GOT THIS MORATORIUM STARTED AND WHAT WHAT I WOULD LIKE TO KNOW ABOUT THE FLAG LOTS AND WHAT YOU'RE WHAT YOU'RE SAYING THERE NICK IS HOW MUCH LOT OR HOW MUCH LOT DOES ONE NEED TO FLAG IT AND SUB DIVIDED.

NICK EVERETT: YOU NEED TO MEET THE ZONING REQUIREMENTS FOR THE PORTION, THAT IS, THE FLAG PORTION NOT THE POLE PORTION.

NICK EVERETT: SO.

NICK EVERETT: IT WOULD HAVE TO BE THAT WOULD BE THE PARK OKAY CALCULATED INTO THE BLOCK SIZE TO A LAYMAN WHAT DOES THIS MEAN.

KGRAINGERHOBBINS@GMAIL.COM: SO THIS THIS WHOLE THING STARTED BECAUSE OF PROBABLY THE FLY A LOT DEVELOPMENT IN OUR NEIGHBORHOOD, WHICH WAS A TOTAL OF POINT SIX SIX ACRES AND.

[00:50:05]

KGRAINGERHOBBINS@GMAIL.COM: WHAT I WHAT I'M TRYING TO FIGURE OUT IS HOW MUCH LOT DO I NEED IF SO, IF I WANTED TO SUB DIVIDE MY LOT CAN I CAN I SUB DIVIDE A HALF ACRE LOT ACCORDING TO WHAT YOU'RE SAYING, CAN I DIVIDE YOU SIMPLIFY THIS EXPENSIVE AN ACRE.

NICK EVERETT: SO LET'S LET'S STICK TO THE ZONING CODE, SO YOUR NEIGHBORHOOD IS OUR FOUR, WHICH IS A 10,000 SQUARE FOOT LOT.

NICK EVERETT: HERE FRONT YARD.

NICK EVERETT: OR YOUR WITH REQUIREMENT IS 85 FEET.

NICK EVERETT: SO WHAT THIS IS SAYING TO SUBDIVIDE YOU'D HAVE TO HAVE A LOT THAT'S 85 FEET PLUS 60 FEET RIGHT, AND THEN THE BACK PORTION WOULD HAVE TO BE AT FIVE FEET AND IT WOULD HAVE TO MEET THE SIDE YARD AND THEIR YARD REQUIREMENT.

CHRISTIAN K. MILLER, CITY PLANNER: IT WILL BE DIFFICULT TO ACHIEVE A FUTURE SUBDIVISION WITH A HOUSE BEHIND A HOUSE THAT'S THE THAT'S THE SIMPLEST WAY TO PUT IT, IF YOU HAVE A LONG DEEP RECTANGULAR LOT THAT'S RELATIVELY NARROW.

CHRISTIAN K. MILLER, CITY PLANNER: IT'LL, BE IT WON'T BE ELIGIBLE ANYMORE.

KGRAINGERHOBBINS@GMAIL.COM: RIGHT, SO ONE OF THE THINGS THAT I WOULD ENCOURAGE BECAUSE OBVIOUSLY THEY'RE NEW COUNCIL MEMBERS AND WELCOME EMILY YOU'RE HAVING QUITE THE INTRODUCTION TO THE CITY COUNCIL ONCE AGAIN.

KGRAINGERHOBBINS@GMAIL.COM: ONE OF THE THINGS THAT THAT WE'RE CONCERNED ABOUT GOING FORWARD IS THAT I THINK WHAT HAPPENED IN OUR NEIGHBORHOOD I DON'T BELIEVE WE WANT TO HAPPEN IN OTHER NEIGHBORHOODS I THINK THE COUNCIL MEMBERS, I THINK THE MAYOR WOULD AGREE WITH THAT AND.

KGRAINGERHOBBINS@GMAIL.COM: IN YOUR DISCUSSIONS HERE, I WOULD ENCOURAGE ALL OF YOU TO VISIT THAT PROPERTY AND LOOK AT THOSE SETBACKS AND LOOK AT THE SIZE OF THE HOUSES AND LOOK AT THE LOT WHEN BEFORE YOU GO TO VOTE AND DECIDE WHAT YOU'RE GOING TO DO, GOING FORWARD.

KGRAINGERHOBBINS@GMAIL.COM: I THINK THAT'S A REASONABLE REQUEST BY ASKED FOR EVERY ONE OF YOU, AND FOR YOU AS WELL MIRROR TO COME AND LOOK AT THE ESTABLISHED HOME SINCE THEY'RE BOTH THEY'RE BOTH STANDING NOW.

KGRAINGERHOBBINS@GMAIL.COM: THANK YOU FOR YOUR TIME.

BILL HENDERSON RYE CITY COUNCIL MEMBER: WHAT'S THE ADDRESS.

JOSH COHN RYE CITY MAYOR: 9597 OAKLAND BEACH.

IS.

KRISTEN WILSON: THERE ANYONE ELSE, THAT WOULD LIKE TO SPEAK ON THIS PUBLIC HEARING.

KRISTEN WILSON: THIS IS ANOTHER GRANGER ROBINS I'M SURE.

KRISTEN WILSON: YOU MEANT TO RAISE YOUR HAND.

KGRAINGERHOBBINS@GMAIL.COM: OKAY HI CHRISTIAN SO IT'S ME NOW CAN YOU CAN YOU HEAR ME.

KGRAINGERHOBBINS@GMAIL.COM: YES, HELLO EVERYBODY WELCOME HAPPY NEW YEAR ALL FEEL WELCOME TO CITY COUNCIL EMILY YOU AS WELL.

[5. Open the public hearing to adopt a new local law, Chapter 166 “Steep Slope Protection” regulating development on steep slopes.]

KGRAINGERHOBBINS@GMAIL.COM: THANK YOU ALL AGAIN FOR EVERYTHING SO APPRECIATE EVERYTHING YOU'VE ALL DONE.

KGRAINGERHOBBINS@GMAIL.COM: AND NOT ONLY ARE MY CONCERNS OBVIOUSLY WAY TOO LATE FOR 9795 DEBACLE OPEN THE JAVA NOW.

KGRAINGERHOBBINS@GMAIL.COM: BUT ALL OTHER PROPERTIES GOING DOWN OAKLAND EACH AVENUE GOING UP OAKLAND BEACH AVENUE GOING ON OSBORNE ROAD ALL OF THOSE SONGS.

KGRAINGERHOBBINS@GMAIL.COM: THAT'S THE CONCERN OF ALL OF THOSE TYPE OF HOMES ALL OVER RYE SO NICK I'M SORRY YOUR EXPLANATION IS AWESOME AND YOU ARE GREAT YOU ARE ALWAYS GREAT I JUST DON'T UNDERSTAND THE SPATIAL CONCEPT AND IT'S HARD FOR ME TO PICTURE THINGS LIKE THAT, BUT.

KGRAINGERHOBBINS@GMAIL.COM: MY CONCERN IS THAT YOU ALL LOOK AT THOSE TYPE HOMES GOING DOWN OSBORNE UP OSBORNE ROAD.

KGRAINGERHOBBINS@GMAIL.COM: THAT THEY'RE ALL GOING TO BE DEVELOPED AND MADE INTO HOMES, JUST LIKE WHAT WAS DONE DOWN HERE ON OAKLAND BEACH AVENUE.

KGRAINGERHOBBINS@GMAIL.COM: AND NOT ONLY THEIR OFF OF FOREST OFF OF ALL OF THE NEIGHBORHOODS IN RIGHT, THAT WOULD BE OUR CONCERN AND I THINK THAT THERE ARE SO SO MANY PEOPLE IN RY THAT ARE CONCERNED ABOUT THAT SO THAT'S JUST WHAT I HOPE YOU ALL LOOK AT.

KGRAINGERHOBBINS@GMAIL.COM: THANK YOU AND CHRISTIAN THANK YOU AND I KNOW YOU DID A STUDY YEARS AGO THAT WAS AWESOME AND FINALLY IT'S BEING USED SO ANYWAY, THANK YOU ALL THAT'S IT.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: THANK YOU HAPPY AGAIN THAT THAT NEIGHBORHOODS ARE FOUR OR FIVE YOU CANNOT FIT, YOU CANNOT LITERALLY FIT ANOTHER LOT WITH THE NEW RULE, SO YOU, YOU WOULD BE SAFE, MOST OF RIGHT IS COMPRISED OF 3435.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: YOU KNOW THESE THAT'S THE LARGEST NUMBER, YOU KNOW, THE LARGEST NUMBER OF RESIDENCES ARE IN THOSE LOTS THERE'S OUR ONES AND TWOS ARE A LOT LESS THAT'S WHERE THOSE HOUSES, WOULD BE ABLE TO FIT THOSE SUBDIVISIONS.

KGRAINGERHOBBINS@GMAIL.COM: I UNDERSTAND ON LARGER LOTS THAT'S THAT'S OBVIOUSLY.

KGRAINGERHOBBINS@GMAIL.COM: YOU KNOW SUSCEPTIBLE WITH A LARGER LOSS.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: SO THESE PROPOSED LANGUAGE TAKES CARE OF THAT.

KGRAINGERHOBBINS@GMAIL.COM: GREAT THANK YOU THAT'S AWESOME.

[00:55:03]

KRISTEN WILSON: JIM URBAN.

JAMES IRVINE: HI, THIS IS ACTUALLY MEETING LACKS IN BERGEN 19 THORNE PLACE ON JIM'S LAPTOP.

JAMES IRVINE: WELCOME TO THE NEW MEMBERS, AND THANK YOU ALL JUST ONE COMMENT, IF YOU ARE GOING TO VISIT THE PROPERTY ON OAKLAND BEACH AVENUE THAT HAS BEEN REFERENCED QUITE A BIT I WOULD WELCOME THE OPPORTUNITY FOR YOU TO COME TO 19 THORNE PLACE.

JAMES IRVINE: IN MY BACKYARD.

JAMES IRVINE: IT'LL RELATE NOT ONLY TO A BACK HOME BUT YOU'LL SEE HOW THE SLOPE AND THE GINORMOUS MONSTER HOME WILL LOOK FROM SOMETHING BELOW JUST OBVIOUSLY FROM A STANDPOINT OF EDUCATION, IT WOULD BE WELCOME, FOR YOU GUYS TO STOP BY.

JAMES IRVINE: ESPECIALLY SINCE THE HOUSE IS BUILT NOW AND IT'S NOT A.

JAMES IRVINE: YOU KNOW, A MIRAGE OF WHAT WE WERE TALKING ABOUT BEFORE IT WAS APPROVED.

JAMES IRVINE: THANK YOU.

KRISTEN WILSON: ANYONE ELSE WOULD LIKE TO SPEAK ON THIS MATTER IF YOU CAN RAISE YOUR HAND OR STAR NINE IF YOU'RE ON THE PHONE.

JULIE SOUZA RYE CITY COUNCIL MEMBER: WE KEEP OPEN TO HOLD THIS OVER.

JOSH COHN RYE CITY MAYOR: SO, YES, WE WILL BE, WE MUST.

JOSH COHN RYE CITY MAYOR: WE.

JOSH COHN RYE CITY MAYOR: SO MAY, MAY I HAVE A MOTION TO CONTINUE THIS PUBLIC HEARING AT THE NEXT COUNCIL MEETING.

SO.

JULIE SOUZA RYE CITY COUNCIL MEMBER: OUR SECOND.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: AYE AYE.

JOSH COHN RYE CITY MAYOR: OKAY, IF WE CAN NOW GO TO CHAPTER 120.

JOSH COHN RYE CITY MAYOR: I'M SORRY CHAPTER 166 STEEP SLOPE PROTECTION.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: RIGHT, AND SO WE DETERMINE THAT.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: THESE.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: OUTCROP THESE CROP THINGS, AND THE SAME WAY, WE WANT TO SAVE THE TREES AND THE GREEN SPACES, WE WANTED TO INTRODUCE A STEEP SLOPES PROTECTION.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: CHAPTER TWO OUR ZONING LOSS.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: WE THINK THIS IS IMPORTANT FOR A VARIETY OF REASONS, AGAIN, TO MAKE SURE THAT WE DON'T STRESS OUR INFRASTRUCTURE TO MATT TOO MUCH THAT WE.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: WE ARE CONCERNED ABOUT FLOODING RUNOFF LOSS OF VISUAL.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: CONTENT THAT WE'RE USED TO THAT IS THAT IS PART OF OUR SURROUNDINGS AND, AND SO WE INTRODUCE THESE NEW CHAPTER.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: WE BASED THESE CHAPTER ON LEGISLATION THAT THE COUNTY OF WESTCHESTER PROPOSED, AND THEN THE STATE ADOPTED AS THEIR MODEL LEGISLATION FOR MUNICIPALITIES AROUND AROUND THE WHOLE STATE.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: WE KNOW THERE'S OTHER TOWNS THAT ALREADY HAVE STEEP SLOPE LEGISLATION IN PLACE AND WE WOULD JUST BE YOU KNOW ACTING AND YOU KNOW ACTING.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: BEING PROACTIVE IN.

BILL HENDERSON RYE CITY COUNCIL MEMBER: STARTING OUR OWN CHAPTER.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: NICK IF YOU WANT TO I DON'T KNOW IF YOU'RE COMFORTABLE WITH THESE OR.

NICK EVERETT: OKAY.

NICK EVERETT: WELL, A COUPLE OF THINGS, FIRST OF ALL.

NICK EVERETT: EMILY YOU'RE PROBABLY A DISADVANTAGE, BECAUSE UNLESS YOU READ THIS IT'S A VERY COMPLICATED ACTUALLY LITTLE PIECE OF LEGISLATION AND IT REALLY NEED SOMEONE TO GIVE IT A LOT OF THOUGHT TO GO THROUGH A CAREFULLY.

NICK EVERETT: AS CURRENTLY ANNA SAID THERE'S A MODEL PIECE OF STEEP SLOPE LEGISLATION THAT WAS DEVELOPED BY THE COUNTY OBVIOUSLY YONKERS IT'S VERY DIFFERENT FROM BEDFORD.

NICK EVERETT: TARRYTOWN IS VERY DIFFERENT FROM RIGHT, SO ANY SORT OF MODEL HAS TO BE FAIRLY CAREFULLY CRAFTED TO THE LOCATION TRACY STORE WHO'S CHAIR SEC, HE DID A LOT OF WORK RESEARCHING AND PUTTING TOGETHER THE BASE THAT WE STARTED WITH BUT WE TRIED TO SIMPLIFY IT AS MUCH AS POSSIBLE.

NICK EVERETT: AND BASICALLY WE HAVE SET IT UP AFTER A LOT OF DISCUSSION, SO THAT THE APPROVAL AUTHORITY IS THE PLANNING COMMISSION THAT THERE ARE TWO LEVELS OF STEEP SLOPES ONE IS BASICALLY 25 TO 35%.

NICK EVERETT: I JUST WANT EVERYONE BE SURE THAT YOU UNDERSTAND PERCENTAGES ON SLOPE SO.

NICK EVERETT: IF A SLOPE WENT UP AT 45 DEGREES OR 100 FEET HORIZONTAL 100 FEET VERTICAL THAT'S 100%.

NICK EVERETT: THE AVERAGE INTERSTATE IS NEVER MORE THAN 6%.

NICK EVERETT: MOST ROADS THAT YOU DRIVE ON ARE LESS THAN 10% SO YOU NEED TO KEEP IN MIND AND THE SUBCOMMITTEE ACTUALLY WENT AROUND RYE, WITH A LITTLE METER AND ACTUALLY LOOKED AT VARIOUS SLOPES.

[01:00:06]

NICK EVERETT: SO WHAT WE'RE TRYING TO DO IS MAKE ANY DEVELOPMENT ON 25 TO 35% SLOPE HAVE SOME VERY CAREFUL REVIEW PARAMETERS.

NICK EVERETT: WHICH ARE PRETTY MUCH OUTLINED IN THE LEGISLATION AND ON SLOPES OVER 35% TO EXCLUDE AS MUCH AS POSSIBLE ALL DEVELOPMENT.

NICK EVERETT: WE HAVE A NUMBER OF EXCEPTIONS TO THIS RULE.

NICK EVERETT: SO IF IT'S IF THE SLOPE PORTION ITSELF THE ROCK OUT CROP OR SO IS LESS THAN 1000 SQUARE FEET.

NICK EVERETT: OR LESS THAN 25 FEET IN HORIZONTAL WITH.

NICK EVERETT: IT CAN BE EXCLUDED SO JUST USE A.

NICK EVERETT: REFERENCE IF YOU'RE ALL FAMILIAR WITH A STANDARD PARKING SPACE IN THE CITY OF RISE NINE FEET BY 18 FEET AT 162 SQUARE FEET SO THOUSAND SQUARE FEET IS APPROXIMATELY SIX PARKING SPACES.

NICK EVERETT: AND A 25 FOOT WITH HAS APPROXIMATELY ONE AND A HALF PARKING SPACES LONG SO JUST SO YOU CAN THINK OF IT THAT WAY.

NICK EVERETT: AND THEN WE ALSO HAVE FOR SOME OF THE LARGER LOTS LIKE A ARE ONE IN LATINO OR YOU KNOW OVER AN ACRE.

NICK EVERETT: IF THE SIZE IS OVER 10% THAT CAN BE EXCLUDED THAT THAT 10% EXCLUSION ACTUALLY GOES TO ANY.

NICK EVERETT: ZONE BUT IT'S MOST LIKELY TO IMPACT THE ARE ONE OR TWO ZONE.

NICK EVERETT: AGAIN, THIS WOULD BE LIKE A WETLAND PERMIT, HE WOULD HAVE THE SAME GENERAL PROCESS IN TERMS OF NOTIFICATION TERMS OF REVIEW BY THE PLANNING COMMISSION TERMS OF A PUBLIC HEARING AND IN TERMS OF A PERMIT A STEEP SLOPE PERMIT.

NICK EVERETT: SOME CHRISTIAN IF I LEFT ANYTHING OUT.

CHRISTIAN K. MILLER, CITY PLANNER: NOW THAT'S GOOD, THIS IS THE PLANNING COMMISSION HAS EXPERIENCED IN THESE KINDS OF PERMITS, SINCE THEY ARE THE BOARD THAT HAS BEEN IN MINISTRY AND WETLAND PERMITS SINCE 1991.

CHRISTIAN K. MILLER, CITY PLANNER: DIFFERENT THAN THE MORATORIUM, JUST TO BE CLEAR AND DIFFERENT THAN THE WEAPONS LAW, THERE IS NO BUFFER OF A SLOPE ON THIS, SO YOU HAVE TO IMPACT THE SLOPE DIRECTLY TO TRIGGER THIS PERMIT THAT WAS A POINT OF CONVERSATION BY THE COMMITTEE SO.

CHRISTIAN K. MILLER, CITY PLANNER: YOU HAVE TO HAVE A CRITICAL MASS OF STEEP SLOPE ON YOUR PROPERTY THAT YOU'RE DISTURBING THAT TRIGGERS PLANNING COMMISSION REVIEW.

CHRISTIAN K. MILLER, CITY PLANNER: AND THAT THAT IS CONSISTENT WITH OTHER THE MODEL ORDINANCE AND WHAT OTHER COMMUNITIES DO.

NICK EVERETT: BECAUSE TO PICK UP ON THAT SO IF YOU HAVE A PROPOSED HOUSE GOING ON TO A ONE ACRE OR LARGER PIECE OF LAND AND THERE'S OPPORTUNITIES TO MOVE THE HOUSE AWAY FROM A STEEP SLOPE.

NICK EVERETT: THAT'S WHAT THE PLANNING COMMISSION WOULD BE DIRECTED TO ENCOURAGE THAT TO HAPPEN IN ORDER FOR THE APPLICANT TO RECEIVE A PERMIT.

CHRISTIAN K. MILLER, CITY PLANNER: AND THAT REALLY BECOMES THE ANALYSIS THAT THE CRITICAL ANALYSIS THAT'S DONE BY THE PLANNING COMMISSION.

CHRISTIAN K. MILLER, CITY PLANNER: HOW CAN YOU AVOID THAT IMPACT WHAT ALTERNATIVES TO THE DESIGN, CAN YOU DO.

CHRISTIAN K. MILLER, CITY PLANNER: AND THEN, ONCE YOU'VE CROSSED THAT THRESHOLD OKAY IT'S IT'S DEEMED THAT YOU NEED TO DISTURB THAT, HOW CAN YOU DO THAT, IN THE MOST RESPONSIBLE WAY POSSIBLE, ITS VARIOUS CONDITIONS ABOUT CONSTRUCTION METHODS AND STRATEGIES FOR SENSITIVELY, BUILDING ON SLOPES THAT ARE INCLUDED IN THE LAW.

CHRISTIAN K. MILLER, CITY PLANNER: THERE'S ALSO VARIOUS ENFORCEMENT PROVISIONS THAT YOU WOULD NEED FEES FINES ALL OF THAT, FOR.

CHRISTIAN K. MILLER, CITY PLANNER: PROVISIONS AND, AS YOU WOULD NEED FOR ANY LAW OF THIS NATURE.

CHRISTIAN K. MILLER, CITY PLANNER: AND ALSO, THERE ARE NICK WE FORGOT TO MENTION EXEMPT ACTIVITIES AND I'M TRYING TO SCROLL THROUGH SO CERTAIN DE MINIMIS THINGS THAT YOU MIGHT DO LIKE LAWN MAINTENANCE.

CHRISTIAN K. MILLER, CITY PLANNER: TRYING TO FIND IT MYSELF AS I SCROLL HERE.

NICK EVERETT: YOU CAN PLANT LANDSCAPE, YOU CAN REMOVE DEAD TREES, YOU CAN.

NICK EVERETT: ADD ADD TO YOUR HOUSE, AS LONG AS IT DOESN'T IMPACT THE SLOPE.

CHRISTIAN K. MILLER, CITY PLANNER: WERE IN PLACE MANKIND WILL REPAIR OF SOMETHING OBVIOUSLY A PERMIT TO DO AN INTERIOR RENOVATION THAT WOULDN'T COUNT.

CHRISTIAN K. MILLER, CITY PLANNER: SO THOSE ARE THE WHAT WE CALL THE ALLOWABLE ACTIVITIES ON UNDER SECTION ONE NIGHT 166 DASH FIVE.

EMILY HURD RYE CITY COUNCIL MEMBER: QUESTION UM THERE'S A THERE'S A HOUSE BEING BUILT ON GRACE CHURCH AT.

EMILY HURD RYE CITY COUNCIL MEMBER: FOREST ALMOST.

EMILY HURD RYE CITY COUNCIL MEMBER: IN WHAT LOOKS LIKE A RAVINE.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: IT'S A SUBDIVISION AND WE THOUGHT THAT WAS GOING TO BE SUBJECT TO THE MORATORIUM, BUT I DON'T KNOW WHERE THAT ENDED UP.

EMILY HURD RYE CITY COUNCIL MEMBER: BUT WITH THAT HOUSE BE SUBJECT TO THE STEEP SLOPE ORDINANCE.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: I'VE SEEN SOME ACTIVITY THERE, SO I DON'T KNOW WHERE WHERE THAT ENDED UP.

[01:05:01]

NICK EVERETT: IT WOULD PREDATE THE ORDINANCE BUT.

NICK EVERETT: WELL RIGHT IF IT HADN'T YES, IT WOULD HAVE BEEN.

EMILY HURD RYE CITY COUNCIL MEMBER: OKAY IT'S JUST.

CHRISTIAN K. MILLER, CITY PLANNER: A MATTER OF SO YES.

EMILY HURD RYE CITY COUNCIL MEMBER: OKAY, THE.

NICK EVERETT: DOOR.

EMILY HURD RYE CITY COUNCIL MEMBER: SO THE IDEA IS LIKE, IF YOU HAVE AND I'M TRYING TO ENVISION A SCENARIO WHERE YOU HAVE A STEEP SLOPE BUT IT'S SORT OF LIKE A.

EMILY HURD RYE CITY COUNCIL MEMBER: MOUND IN YOUR BACKYARD, OR LIKE I DON'T KNOW, MAYBE IT WOULD BE LIKE A BIG BOULDER JETTING OUT OR SOMETHING THAT IF IT WAS UNDER A CERTAIN VOLUME OF THE PROPERTY, YOU COULD IMPACT.

EMILY HURD RYE CITY COUNCIL MEMBER: BUT IF THERE'S A THRESHOLD THAT THIS LAW SETS OUT WHERE IF IT'S.

EMILY HURD RYE CITY COUNCIL MEMBER: A BIG CHUNK OF THE PROPERTY THEN THEY'RE LIMITED IN WHAT THEY CAN DO THAT SORT OF GENERALLY THE IDEA.

EMILY HURD RYE CITY COUNCIL MEMBER: YEAH THERE'S DEGREES OF THE.

EMILY HURD RYE CITY COUNCIL MEMBER: SO YOU'RE SAYING THIS IS 100% RIGHT.

NICK EVERETT: NO.

EMILY HURD RYE CITY COUNCIL MEMBER: I'M A SLOPE.

NICK EVERETT: THAT'S THAT'S 100%.

NICK EVERETT: OKAY 45 DEGREE ANGLE.

EMILY HURD RYE CITY COUNCIL MEMBER: OKAY OKAY.

EMILY HURD RYE CITY COUNCIL MEMBER: OKAY, THANK YOU.

NICK EVERETT: THERE'S ALSO A YOU KNOW, A COUPLE OF THE THINGS IN HERE THAT WE'RE LOOKING AT WHICH IS THINGS ARE SOMEWHAT TECHNICAL TERMS LIKE ANGLE REPOSE, WHICH MEANS THE NATURAL ANGLE THAT ANY TYPE OF SOIL WILL STAY WITHOUT SLUMPING.

NICK EVERETT: WE'RE LOOKING AT WATERSHEDS AND IMPACT ON WATERSHEDS OBVIOUSLY IMPACT OF SLOPES ON WETLANDS SO THERE'S VARIOUS OTHER PARAMETERS THAT THE PLANNING COMMISSION WOULD BE LOOKING AT.

JOSH COHN RYE CITY MAYOR: NICK AND CHRISTIAN VERY HELPFUL THANK YOU JOSH NATHAN, PLEASE.

JOSH NATHAN RYE CITY COUNCIL MEMBER: UM THANKS SO MUCH FOR THE PRESENTATION, YOU MENTIONED THAT THERE WERE, THIS IS BASED ON A MODEL FROM THE STATE IN THE COUNTY AND HAVE WE VERY OR HOW HAVE WE BURIED THE MODEL WHAT WERE THE MAJOR.

JOSH NATHAN RYE CITY COUNCIL MEMBER: ISSUES IN ADAPTING IT FOR RYE.

NICK EVERETT: PROBABLY THE MAJOR ONE, WAS THE MODEL HAD ALL SORTS OF DIFFERENT I THINK UP TO THREE DIFFERENT DEFINITIONS OF STEEP SLOPES.

NICK EVERETT: KIND OF FAIRLY COMPLICATED IT STARTED AT 15% AND WE DIDN'T THINK THAT 15% WAS APPROPRIATE FOR RIDE AT 25% WAS PROBABLY MORE APPROPRIATE, GIVEN THAT.

NICK EVERETT: JUST DID NOT HAVE DEVELOPMENT THAT'S ALREADY OCCURRED HERE, IT ALSO HAD A EXCLUSION FOR RICHES.

NICK EVERETT: IN RIGHT ACTUALLY YOU WANT PEOPLE TO BUILD ON THE BRIDGES, THEY DON'T FEEL DOWN IN FLOODPLAINS.

NICK EVERETT: AND YOU KNOW IT'S NOT LIKE BEDFORD WHERE THERE ARE SCENIC RIDGES THAT THEY'RE TRYING TO PRESERVE, SO I THINK THOSE ARE PROBABLY THE TWO BIGGEST THINGS THERE'S JUST A WHOLE HOST OF MINOR ISSUES.

JOSH NATHAN RYE CITY COUNCIL MEMBER: LOOKING FOR THE BIG.

JOSH NATHAN RYE CITY COUNCIL MEMBER: THE BIG PICTURE THANKS.

CHRISTIAN K. MILLER, CITY PLANNER: THE OTHER THE OTHER BIG PICTURE IS.

CHRISTIAN K. MILLER, CITY PLANNER: THERE ARE NO ADMINISTRATIVE PERMITS BEING ISSUED INVOLVING DISCRETIONARY STAFF DECISIONS, SO YOU EXCEED THE THRESHOLD YOU GO TO THE PLANNING COMMISSION AFTER THAT REVIEW THAN THE PERMIT IS ISSUED, THERE IS NOT A.

CHRISTIAN K. MILLER, CITY PLANNER: CITY ENGINEER OR A BUILDING INSPECTOR DETERMINATION OF OF ISSUING A STEEP SLOPE PERMIT FOR CERTAIN THRESHOLD THAT'S WHEN NICK REFERRED TO THE 15% THRESHOLD.

CHRISTIAN K. MILLER, CITY PLANNER: THAT WAS SOMETIMES IN SOME CASES, WE SAW AN ADMINISTRATIVE PANEL WHERE THERE'S EXERCISING THAT DISCRETION OF THE VARIOUS THINGS THAT'S NOT WHAT WAS DONE HERE.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: AND, AS WITH OTHER PERMITS, WE REQUIRE A NOTIFICATION AREA OF 300 FEET AROUND THE PROPERTY, WHICH IS ONE OF THE MOST ENCOMPASSING.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: NOTIFICATION.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: NOW WE DO HAVE.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: A TITLE ON THE FIRST PAGE ARTICLE BE 166 ONE.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: SECOND, TO LAST PARAGRAPH ON ARTICLE BE PROPERTY AND SO SUBJECT PROPERTY AND ADJOINING PROPERTIES.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: AND THAT WOULD BE THAT, AND I THINK BILL, DID YOU HAVE ANOTHER QUESTION.

BILL HENDERSON RYE CITY COUNCIL MEMBER: I'M.

BILL HENDERSON RYE CITY COUNCIL MEMBER: NOT RIGHT NOW, BUT CERTAINLY I WANT TO.

BILL HENDERSON RYE CITY COUNCIL MEMBER: MAYBE SPEND SOME MORE TIME WITH THIS AND.

BILL HENDERSON RYE CITY COUNCIL MEMBER: MAYBE SPEND SOME TIME WITH NICK OR MORE TIME WITH YOU CAROLINA TO KIND OF WALK ME THROUGH THIS IT'S IT'S A VERY COMPLICATED.

BILL HENDERSON RYE CITY COUNCIL MEMBER: STATUTE, SO I MET BEFORE YOU KNOW BEFORE WE VOTE ON THIS.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: SHOULD WE THEN OPEN UP THE PUBLIC HEARING.

JOSH COHN RYE CITY MAYOR: I THINK WE HAVE TO A ROLL THIS ONE OVER TO THE NEXT MEETING FIRST SO LET'S.

KRISTEN WILSON: NO, SORRY, MR MERRICK, DO YOU NOT WANT TO HEAR PUBLIC COMMENT.

JOSH COHN RYE CITY MAYOR: OH I'M SORRY ABSOLUTELY I MISUNDERSTOOD.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: SO I'LL MAKE A MOTION TO OPEN THE PUBLIC.

HEARING.

KRISTEN WILSON: GRANGER HEAVENS HOUSEHOLD.

[01:10:04]

KRISTEN WILSON: WE HAVE.

KGRAINGERHOBBINS@GMAIL.COM: IS JOHN HOPKINS AGAIN TO SINCE YOU'RE SINCE YOU'RE TALKING ABOUT STEEP SLOT STEEP SLOPE STEEP LOTS.

KGRAINGERHOBBINS@GMAIL.COM: ARE WE CONSIDERING ANY TYPE OF RESOLUTION TO THE USE OF DYNAMITE BLASTING AND CHIPPING SINCE THAT'S GOING TO OBVIOUSLY AFFECT.

KGRAINGERHOBBINS@GMAIL.COM: THE THE EARTH AND THE RUNOFF WHICH CAROLYN WAS MENTIONED, BECAUSE WE HAVE FLOODING PROBLEMS WHEN WE DO THIS, AND BECAUSE WE'VE WE'VE STARTED EXPERIENCED THAT IN OUR NEIGHBORHOOD SO I'M JUST WONDERING.

KGRAINGERHOBBINS@GMAIL.COM: ARE WE GOING TO STILL ALLOW THE BLASTING AND THE CHIPPING, AS WE HAVE IN THE PAST, ARE WE LOOKING LIKE THAT, WHEN WE START TO DO THESE RESOLUTIONS, THANK YOU.

JOSH COHN RYE CITY MAYOR: THANK YOU, WE INTEND TO LOOK AGAIN AT BLASTING AND CHIPPING LAST LOOKED AT, I THINK, IN 2016.

JOSH COHN RYE CITY MAYOR: BUT THAT IS UNDER A SEPARATE PORTION OF OUR CODE.

KRISTEN WILSON: THERE'S ANYONE ELSE, THAT WOULD LIKE TO SPEAK ON THIS BETTER IF YOU COULD RAISE YOUR HAND.

TRACY STORA: HI ACTUALLY I'M NOT GOING TO SPEAK MY HUSBAND WANTED TO SPEAK.

OKAY.

TRACY STORA: JUST JUST A QUICK THING ON.

KRISTEN WILSON: PRICES ON.

KRISTEN WILSON: YEAH THERE YOU GO.

TRACY STORA: OKAY, WE HAVE RATCHETING.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: SORRY, WE NEED NAME AND ADDRESS SORRY.

TRACY STORA: JOHN MALE SMITH THREE FAIRLAWN COURT UM ONE QUESTION I HAVE FOR THE FOR PERSONAL THANK YOU FOR YOUR TIME.

TRACY STORA: WE HAVE ROCK SHIPPING GOING ON NEXT DOOR TO US TODAY AND IT REACHED 101 DECIBELS AT OUR BEDROOM WINDOW, SO THIS IS NOT EVEN AT THE PROPERTY LOT LINE IT WAS AT OUR BEDROOM WINDOW.

TRACY STORA: AND SO, WHICH IS, WHICH IS, AS I UNDERSTAND IT CAUSES HEARING ISSUES AND ONE OF THE QUESTIONS I HAD FOR THE FOR THE CITY COUNCIL, WHICH IS AT WHAT POINT DOES THE.

TRACY STORA: THE SOUND ORDINANCE THAT WE HAVE SORT OF OVERRIDE THE ROCK SHIPPING.

TRACY STORA: PERMIT THAT PEOPLE HAVE, WHAT IS THE RELATIONSHIP BETWEEN.

THE SOUND.

TRACY STORA: AND THE ROCK SHIPPING IT'S IT'S IT'S SORT OF I THINK RELATED TO LEAF BLOWER YOU KNOW IT'S ALL IT ALL KIND OF ALL COMES BACK TO THIS ORDINANCE, AS I UNDERSTAND IT, AND IT'S ALL VERY CONFUSING TO ME AS A AS A AS A PROPERTY OWNER AND RYE.

TRACY STORA: YOU KNOW WHEN IS WHEN IS THAT WHEN IS THAT ORDINANCE BEING WHEN WHEN IS THERE SOMETHING THAT HAS TO BE ENFORCED, AND WHEN IS IT PERMISSIBLE AND IF THERE'S 101 DECIBELS COMING TO MY BEDROOM WINDOW, AS IT WAS TODAY WITH A DECIBEL METER.

TRACY STORA: WHAT YOU KNOW WHAT DOES THAT MEAN, AND HOW DOES THAT ALL KIND OF RELATE TO MUSIC SORT OF A QUESTION I HAVE FOR THE FOR THE CITY COUNCIL, THANK YOU VERY MUCH.

JOSH COHN RYE CITY MAYOR: THANK YOU IT'S IT'S IT'S IT'S A GOOD QUESTION AND.

JOSH COHN RYE CITY MAYOR: ONE THAT.

JOSH COHN RYE CITY MAYOR: WILL ASK CITY STAFF.

JOSH COHN RYE CITY MAYOR: I'M NOT NOT AT THIS MOMENT I DON'T HAVE.

JOSH COHN RYE CITY MAYOR: UNLESS UNLESS YOU FEEL READY TO ANSWER IT, I THINK IT PROBABLY.

CHRISTIAN K. MILLER, CITY PLANNER: WE YEAH ROCK REMOVAL DOES FALL WITHIN THE NOISE CHAPTER I EXPLAINED THIS TO TO JOHN AND TRACY WHEN THEY MET, AND I UNDERSTAND THAT THE THE STATEMENT BUT ROCK REMOVAL.

CHRISTIAN K. MILLER, CITY PLANNER: IS DEEMED PERMITTED IF YOU MEET ALL THE REQUIREMENTS YOU SEND OUT THE NOTICE WE PUBLISH IT ON THE CITY WEBSITE TO HAVE YOUR.

CHRISTIAN K. MILLER, CITY PLANNER: DUST MITIGATION PLAN YOU DON'T HAVE MORE THAN TWO HAMMERS NO ROCK CRUSHING DRILLING IS EXEMPTED ALL OF THAT, BUT WE DO NOT MEASURE THE SOUND INTENSITY OF THE ROCK HAMMERING AND REGULATED AS SUCH.

FOOD FOR THOUGHT.

JULIE SOUZA RYE CITY COUNCIL MEMBER: NOW, MY QUESTION IS SHOULD ME.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: WELL, WHAT WOULD THESE REGULATION THESE PROPOSED LEGISLATION WE DO IS PROBABLY TRY TO MINIMIZE THE AMOUNT OF.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: CHIPPING AND BLESSING THAT PEOPLE DO RIGHT, BECAUSE IF WE ARE TRYING TO YOU KNOW JUST PRESERVE THOSE LOOPS AND THOSE OUTCROPPINGS AND ALL THAT THESE WOULD PROBABLY HAVE SOMETHING TO DO WITH THAT, I MEAN WE HAVE SOME.

[7. Open the public hearing to adopt a new local law amending Chapter 53 “Architectural Review” of the Code of the City of Rye to amend authority and scope considered by the Architectural Review Board in reviewing applications.]

CHRISTIAN K. MILLER, CITY PLANNER: YES, AND I DON'T WANT TO GO DOWN THIS RABBIT HOLE TOO MUCH IN INDIA BUT, BUT I WILL SAY THAT IT IS NOT QUIET, I MEAN IT'S JUST NEVER GOING TO BE QUIET YOU GUYS KNOW IT YOU'VE SEEN IT SO.

[01:15:13]

CHRISTIAN K. MILLER, CITY PLANNER: WHAT THEN DON, JUST AS IT IS WITH CONSTRUCTION NOISE IS THAT IF YOU'RE DOING IT CERTAIN TIMES OF DAY AND YOU KNOW, NOT ON SCHOOL TESTING DAYS YOU KNOW THEY THE COUNCIL WHEN THEY DEVELOP THAT LAW PUT ALL THESE RESTRICTIONS AROUND WHEN HOW YOU CAN DO ROCK REMOVAL.

CHRISTIAN K. MILLER, CITY PLANNER: AND IT DOES FALL WITHIN THE NOISE CHAPTER, BUT IT IS A WHOLE SEPARATE SECTION SO THAT'S HOW IT'S ADMINISTERED THAT'S HOW WE BELIEVE IT WAS INTENDED TO BE ADMINISTERED BECAUSE.

CHRISTIAN K. MILLER, CITY PLANNER: YOU WOULD NOT MEET SOME OF THE SOUND THRESHOLDS FOR ANY ROCK REMOVAL, SO I DON'T THINK THAT WAS THE INTENT BUT THAT'S WHAT THAT'S WHAT'S BEEN DONE FOR THE LAST EIGHT YEARS OR WHATEVER.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: AND HERE WE'RE TRYING TO ENCOURAGE PEOPLE TO.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: INCLUDE SOME FLEXIBLE DESIGN AND TO INCORPORATE THE SLOPE INTO THEIR DESIGN, RATHER THAN YOU KNOW DISAPPEAR IT MAKE IT GO AWAY.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: KRISTEN I THINK WE HAVE MORE HANDS.

KRISTEN WILSON: SORRY GRANGER HAPPENS AGAIN.

KGRAINGERHOBBINS@GMAIL.COM: HI IT'S ACTUALLY KATHY THANK YOU CHRISTIAN AND TO CONTINUE ON CAROLYN HAS POINT.

KGRAINGERHOBBINS@GMAIL.COM: THAT WOULD BE AWESOME IF PEOPLE JUST DID NOT DO ANY BLASTING OR ANY CHIPPING AND INCORPORATED HOMES INTO THE THEIR LAND OR THE SLOPE OF THEIR LAND, WHATEVER THEIR LAND IS.

KGRAINGERHOBBINS@GMAIL.COM: BESIDES, LIKE THE KIDS IN SCHOOL AND HAVING THE BLASTING LITERALLY NOT EVEN 10 FEET AWAY FROM THEIR ROOMS THEIR DINING ROOM WHERE THEY WERE DOING SCHOOL.

KGRAINGERHOBBINS@GMAIL.COM: BUT IT'S CRAZY, I KNOW, YES, THIS SOUNDS CRAZY THE ANIMALS MY ANIMALS STILL WE'VE GOT CATS AND DOGS, THEY STILL RUN AND HIDE UNDER BEDS EVERY SINGLE TIME THEY HEAR A WHISTLE, AND THIS IS FROM LAST WHATEVER IT WAS SPRING SUMMER AND.

KGRAINGERHOBBINS@GMAIL.COM: THERE IS, WITHOUT A DOUBT SOMETHING WRONG WITH BLASTING AND SHIPPING.

KGRAINGERHOBBINS@GMAIL.COM: UM SO PLEASE ABSOLUTELY PLEASE LOOK INTO IT, THANK YOU.

TRACY STORA: HEY JOHN SMITH AGAIN JUST REAL QUICK, THERE ARE THERE ARE THINGS THAT CAN BE DONE TO DO FOR SOUND MITIGATION SO IN THE SAME WAY, THEY HAVE TO MITIGATE FOR DUST AND SOME OTHER THINGS.

TRACY STORA: MAYBE BE WORTH LOOKING INTO INCORPORATING WAYS TO MITIGATE THE SOUND, BECAUSE WHEN WHEN YOU GET 101 DECIBELS COMING RIGHT AT OUR HOUSE THAT'S THAT'S ABOVE THE ABOVE THE THRESHOLD FOR HEARING DAMAGE.

TRACY STORA: SO IT IS A HEALTH AND PUBLIC SAFETY ISSUE, AND THERE ARE WAYS TO MITIGATE THE SOUND JUST THE WAY YOU MIGHT MITIGATE JUST ANOTHER THING SO JUST WANT TO KIND OF PUT THAT OUT THERE, THANK YOU.

KRISTEN WILSON: ANYONE ELSE WISHES TO SPEAK ON THIS MATTER.

ONCE OR TWICE.

KRISTEN WILSON: MR MAYOR, WE HAVE NO MORE HANDS.

JOSH COHN RYE CITY MAYOR: OKAY, AGAIN, THANK YOU, NICK AND CHRISTIAN.

JOSH COHN RYE CITY MAYOR: AND NOW LET'S PLEASE PUT THIS OVER TO THE.

JOSH COHN RYE CITY MAYOR: NEXT COUNCIL MEETING FOR CONTINUED PUBLIC HERE.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: I'LL MAKE A MOTION.

EMILY HURD RYE CITY COUNCIL MEMBER: AGAIN.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: OK, AND NOW THE THIRD SO CLOSE.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: AMENDMENTS TO THE BR AND WE HAVE MICHAEL HARRINGTON WITH US HERE TONIGHT, AND WE HAVE A FEW THINGS THAT YOU KNOW, IN ESSENCE, IS THE SAME LAW THAT'S THAT'S BEEN IN THE BOOKS BUT WE WANTED TO MAKE THE MEETINGS EVERY 31 DAYS, BECAUSE IT WORKS BEST AS SUCH FOR THE BOARD, WE WANTED TO.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: MAKE THE.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: THE THIS THE DISTANCE OF WHICH YOU'RE MEASURING THE SIMILARITIES OF OUR DISSIMILARITIES OF A PROPOSED BUILDING BE 1000 FEET.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: ALL AROUND BECAUSE IT WAS 500 FEET AND AT ONE POINT IN 1000 FEET IN ANOTHER PARAGRAPH, SO WE JUST.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: MADE THAT THE SCENE AND THEN THE BIGGEST CHANGE WE HAVE IS IN THE.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: IN THE APPEALS PROCESS AND I WANTED MICHAEL TO TO GO OVER HIS THOUGHTS.

[01:20:10]

MICHAEL HARRINGTON: THANK YOU, MR MAYOR, THANK YOU, MEMBERS OF COUNCIL APPRECIATE AND CAROLINA, THANK YOU FOR INTRODUCING ME AND THE TOPIC, THE BIGGEST CHANGE, OTHER THAN SOME MINOR EDITS TO THE.

MICHAEL HARRINGTON: THE WORDING AND SOME OF JUST TRYING TO MAKE THE REQUIREMENTS EASIER AND UNDERSTAND OR MORE CLEAR WAS THE BURDEN OF PROOF.

MICHAEL HARRINGTON: SO UP TO THIS POINT, THE BURDEN PROOF IN THE CHAPTER 53 FOR THE ARCHITECTURE BOARD HAS BEEN BEYOND A REASONABLE DOUBT.

MICHAEL HARRINGTON: I'M NOT A LAWYER, BUT I'VE BEEN TOLD BY LAWYERS THAT THAT THAT THAT IS THE HIGHEST STANDARD POSSIBLE AND IS TYPICALLY RESERVED FOR YOU KNOW CRIMINAL CASES, SO WE BASICALLY HAVE THE BURDEN OF PROOF FOR THE BOARD OF ARCHITECTURE.

MICHAEL HARRINGTON: RIGHT NOW, IS ESSENTIALLY THE SAME AS A YOU KNOW, A CRIMINAL CASE AND WHAT WE'VE SEEN WHAT WHAT WE'VE SEEN THAT MEAN IS THAT EFFECTIVELY ANY DECISION THAT THE BOARD MAKES.

MICHAEL HARRINGTON: AGAINST THE PROJECT.

MICHAEL HARRINGTON: IS IS INEVITABLY OVERTURNED IN THE APPEALS PROCESS, AND I THINK WE WANTED TO ADDRESS THAT ISSUE OF BURDEN OF PROOF, LOWER THAT BURDEN OF PROOF TO SOMETHING MORE REASONABLE FOR AN ARCHITECTURAL BOARD.

MICHAEL HARRINGTON: WE'RE NOT A CRIMINAL COURT WE'RE NOT DEALING WITH CRIMINAL CASES WE'RE DEALING WITH.

MICHAEL HARRINGTON: AESTHETICS AND ARCHITECTURE.

MICHAEL HARRINGTON: SO THAT'S THE BIGGEST CHANGE AND IT'S CHANGED TO THE WORDING IS NOW MORE LIKELY THAN NOT.

MICHAEL HARRINGTON: WHICH IS A LOWER BURDEN OF PROOF THAT'S THE MAJOR CHANGE IN THIS CHAPTER, THE REST AS CAROLINA MENTIONED SOME CLERICAL ITEMS WE DID ADJUST THE REQUIREMENT FOR THE NEW YORK STATE ARCHITECT.

MICHAEL HARRINGTON: TO BE FROM REGISTERED THE LICENSE IT'S A MINOR.

MICHAEL HARRINGTON: MINOR DIFFERENCE IN QUALIFICATION A SLIGHTLY LOWER QUALIFICATION, WHICH WOULD MEAN.

MICHAEL HARRINGTON: MORE LIKELY TO GET.

MICHAEL HARRINGTON: QUALIFIED APPLICANTS TO SERVE ON THE BOARD AS VOLUNTEERS.

MICHAEL HARRINGTON: AND MINOR ADJUSTMENTS TO SOME ITEMS THAT WE'VE SEEN RECENTLY COME ACROSS THE BOARD, WHERE THERE'S BEEN CONFUSION.

MICHAEL HARRINGTON: IN THE COMMUNITY ABOUT THINGS THAT ARE ARE NOT SUBJECT TO THE ARCHITECTURE BOARDS PER VIEW I'M ONE BEING LIKE TEMPORARY OR SEASONAL SPORT COURTS.

MICHAEL HARRINGTON: OR OR ICE RINKS HOCKEY RINKS THOSE HAVE BEEN DETERMINED TO BE UNDER THE PURVIEW OF THE OF THE BOARD BUT THERE'S NO MENTION OF KIND OF SEASONAL OR TEMPORARY RANKS IN THE IN THE CHAPTER, SO WE JUST ADDED THAT IN THE SPORT COURT SECTION JUST TO MAKE THAT MORE CLEAR FOR THE COMMUNITY.

MICHAEL HARRINGTON: AND MICHAEL HARRINGTON: YEAH THAT'S IT THAT'S ABOUT IT PRETTY MINOR CHANGES THE BURDEN OF PROOF IS REALLY THE, THE MAIN ONE.

JOSH COHN RYE CITY MAYOR: SHOW IF THERE ARE NO QUESTIONS FOR MICHAEL SHOULD WE OPEN THE PUBLIC HEARING.

JULIE SOUZA RYE CITY COUNCIL MEMBER: I DO HAVE A QUESTION ACTUALLY ON THAT POINT, MICHAEL OF TEMPORARY OR SEASONAL RECREATIONAL FACILITIES AND THEN REQUIRING NEW APPROVALS WITH EACH OCCASION AND WHATNOT.

JULIE SOUZA RYE CITY COUNCIL MEMBER: THIS IS JUST REMINDED ME A LITTLE BIT OF THE CHAMBER OF COMMERCE, WOULD WE WOULD HAVE SEASONAL APPLICATIONS FOR OUTDOOR DINING RIGHT.

JULIE SOUZA RYE CITY COUNCIL MEMBER: AND THAT BECAME SORT OF THIS LABORIOUS PROCESS AND COSTLY TO BECAUSE THEY WERE FEES ATTACHED TO THAT WHEN IT WAS THE EXACT SAME FOOTPRINT EVERY SINGLE YEAR, SO I'M JUST I'M JUST THROWING IT OUT THERE IT'S NOT REALLY.

JULIE SOUZA RYE CITY COUNCIL MEMBER: TO SOLVE FOR NOW, BUT JUST TO MY FELLOW COUNCIL MEMBERS TO PERHAPS IF IT IS.

JULIE SOUZA RYE CITY COUNCIL MEMBER: IF I UNDERSTAND IT FROM A SAFETY PERSPECTIVE RIGHT IF IT NEEDS TO BE INSPECTED OR SOMETHING LIKE THAT I TOTALLY GET IT, BUT IF IT'S THE SAME.

JULIE SOUZA RYE CITY COUNCIL MEMBER: YOU KNOW RANK GOING UP IN THE SAME PLACE EVERY WINTER, OR SOMETHING I WOULD THINK THAT MAYBE WE COULD GRANT A AS WE DID WITH THE CHAMBER, YOU KNOW, A MULTI YEAR SORT OF LICENSE OR SOMETHING I JUST PUT IT OUT THERE AS FOOD FOR THOUGHT.

JULIE SOUZA RYE CITY COUNCIL MEMBER: BECAUSE I KNOW USUALLY LIKE DOING THAT EVERY YEAR YOU'RE NOT JUST I MEAN SOME PEOPLE DO JUST LIKE HEY LET'S TRY ONE OF THESE OH MY GOD LET'S NEVER DO THIS AGAIN, BUT OTHER PEOPLE DO DO IT EVERY YEAR, SO.

JULIE SOUZA RYE CITY COUNCIL MEMBER: I THOUGHT.

NICK EVERETT: WELL, IF I CAN MAKE A COMMENT ON THAT FORMER CHAIR, THEN THEY ARE IT DOES BY HAVING IT EVERY YEAR ALLOWS NEIGHBORS THE OPPORTUNITY AND PUBLIC GEARING TO OBJECT.

[01:25:07]

CHRISTIAN K. MILLER, CITY PLANNER: I SHOULD ALSO ADD SOME CONTEXT TO THIS, I, AS A MATTER OF PRACTICE, THESE SAY THE IN THE CASE OF A RINK.

CHRISTIAN K. MILLER, CITY PLANNER: AND IT IS NOT COMPLETELY REMOVED.

CHRISTIAN K. MILLER, CITY PLANNER: SO SOME OF THE ELEMENTS AND THE BASE AND ALL OF THAT STATE THEY REMOVE THE REFRIGERATION COMPONENT I'M TALKING ABOUT THINGS, I NEVER THOUGHT I'D EVER BE TALKING ABOUT, BUT THE HOCKEY RINK THING IN THE BACKYARD HAS BECOME.

CHRISTIAN K. MILLER, CITY PLANNER: QUITE A THING THERE'S LIGHTS AND ALL OF THAT, BUT UM I, I BELIEVE, AS A MATTER OF PRACTICE WE ISSUE THAT ONCE AND IF IT'S THE SAME THING YOU'RE ALLOWED TO DO AND AGAIN IT DOESN'T HAVE TO COME BACK EVERY YEAR.

JULIE SOUZA RYE CITY COUNCIL MEMBER: OKAY, BECAUSE IT'S NOT FULLY TEMPORARY.

CHRISTIAN K. MILLER, CITY PLANNER: CORRECT THERE'S THERE'S ELEMENTS OF IT IT'S 100% REMOVED.

JULIE SOUZA RYE CITY COUNCIL MEMBER: OKAY, THAT MAKES SENSE.

JULIE SOUZA RYE CITY COUNCIL MEMBER: THANK YOU, BOTH AND ALL ALL OF YOU TO BE KRISTIN.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: TO ASK IF WE HAVE WHAT'S THE RECORD FOR THE VAR HOW MANY TIMES HAVE THEY BEEN SUED OR SERVED OR WHAT'S THE LIKE ARE PEOPLE GOING TO THINK OH WELL, THEY'RE STILL CAPRICIOUS AND YOU KNOW THEY'RE GOING TO MAKE US COULD HAVE GABLE WHEN WE DON'T WANT ONE OR.

KRISTEN WILSON: THE WAY IT'S STRUCTURED RIGHT NOW IS THAT THE BOARD OF ARCHITECTURAL REVIEW ISN'T THE ENTITY THAT SUED.

KRISTEN WILSON: THE THERE'S AN ADMINISTRATIVE FOR INTERNAL CHALLENGE THAT WE HAVE A PROCESS SETUP FOR SO ANYONE THAT'S AGREE THE ACTUALLY THE APPLICANT.

KRISTEN WILSON: IF THE APPLICANT IS AGGRIEVED THEY CAN TAKE THAT DECISION AND APPEAL IT TO THE BOARD OF APPEALS, SO THAT THE NUMBER OF TIMES THE BOARD OF APPEALS HAS BEEN SUED BECAUSE OF A DECISION, THEY MADE REGARDING THE BRS DECISION I CAN THINK OF ONE INSTANCE.

KRISTEN WILSON: THAT HAPPENED.

KRISTEN WILSON: IN THE LAST SINCE 2006 2007 SO.

KRISTEN WILSON: THAT DEALT WITH OFFENSE.

KRISTEN WILSON: EVERY CALL CORRECTLY CHRISTIAN I DON'T KNOW IF YOU REMEMBER THIS.

CHRISTIAN K. MILLER, CITY PLANNER: YOU'RE NOT ALLOWED TO TEST MY MEMORY, BUT.

CHRISTIAN K. MILLER, CITY PLANNER: I'M NOT.

CHRISTIAN K. MILLER, CITY PLANNER: I'M NOT REMEMBERING IT DOESN'T HAPPEN.

CHRISTIAN K. MILLER, CITY PLANNER: VERY OFTEN.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: OKAY, GOOD, I JUST WANTED TO YOU KNOW, MAKE SURE EVERYBODY UNDERSTOOD THAT IT'S NOT YOU KNOW THEY'RE NOT OUT THERE TO SING IT OR TO JUST YOU KNOW WE WE WANT THESE WE NEED THESE SOMEBODY MAY BUILD A HOUSE AND LEAVE IN FIVE YEARS AND THEN IT'S THAT HOUSE STAYS AROUND FOR GENERATIONS SO.

BILL HENDERSON RYE CITY COUNCIL MEMBER: CAN I ASK ONE QUESTION OH.

BILL HENDERSON RYE CITY COUNCIL MEMBER: YEAH I'M I'M HAVING A HARD TIME LOOKING THROUGH THIS AND SEEING THE LANGUAGE AROUND STANDARD OF PROOF AND MORE LIKELY THAN NOT.

MICHAEL HARRINGTON: SURE.

YET SOON SECTION.

MICHAEL HARRINGTON: YEAH CAN YOU HEAR ME BELT.

MICHAEL HARRINGTON: YES, IN.

MICHAEL HARRINGTON: THAT'S IN SECTION 53 DASH FIVE.

MICHAEL HARRINGTON: AND IT'S IN PARAGRAPHS.

MICHAEL HARRINGTON: AND PARAGRAPHS.

MICHAEL HARRINGTON: TO THE END OF TWO.

MICHAEL HARRINGTON: AND ALSO REPEATED.

MICHAEL HARRINGTON: AND MICHAEL HARRINGTON: SORRY, THE PRIOR PARAGRAPH ONE AND 253 FIVE.

MICHAEL HARRINGTON: SECTIONS SEE SORRY 53 FIVE SECTIONS SEE.

MICHAEL HARRINGTON: ITEMS ARE WANTING TO.

BILL HENDERSON RYE CITY COUNCIL MEMBER: HEY, THIS IS A.

BILL HENDERSON RYE CITY COUNCIL MEMBER: SIMILARITY AND EXCESSIVE DISSIMILARITY PARAGRAPH.

MICHAEL HARRINGTON: YES, THAT'S RIGHT.

BILL HENDERSON RYE CITY COUNCIL MEMBER: YEAH I JUST DON'T SEE AND.

BILL HENDERSON RYE CITY COUNCIL MEMBER: TERRORISTS BUT I DON'T SEE WHY, WHERE IT SAYS MORE LIKELY THAN NOT OH, I SEE I BOTTOM.

MICHAEL HARRINGTON: VERY BOTTOM OF BOTH YEP.

BILL HENDERSON RYE CITY COUNCIL MEMBER: OKAY OKAY I GOT YOU OKAY GREAT THANK YOU VERY MUCH.

BILL HENDERSON RYE CITY COUNCIL MEMBER: THANK YOU, MY.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: GOSH.

JOSH NATHAN RYE CITY COUNCIL MEMBER: YEAH JUST TO TWO QUESTIONS ONE.

JOSH NATHAN RYE CITY COUNCIL MEMBER: YOU TALKED ABOUT THE PERHAPS THERE WAS ONE.

JOSH NATHAN RYE CITY COUNCIL MEMBER: SUED HOW MANY TIMES HAS THE.

JOSH NATHAN RYE CITY COUNCIL MEMBER: BOARD OF APPEALS.

JOSH NATHAN RYE CITY COUNCIL MEMBER: REVERSE TO BE A ARE FINDING DO WE HAVE ANY KIND OF COUNT ON THAT.

MICHAEL HARRINGTON: I'M IN MY SIX YEARS ON THE BOARD, I THINK WE HAVE.

MICHAEL HARRINGTON: NOT APPROVED OR REJECTED TWO OR THREE PROJECTS AND SIX YEARS.

[01:30:04]

MICHAEL HARRINGTON: AND I BELIEVE ALL THREE OF THOSE WERE OVERTURNED ALL THREE OF THOSE REJECTIONS WERE OVERTURNED.

MICHAEL HARRINGTON: LIKE.

JULIE SOUZA RYE CITY COUNCIL MEMBER: WAS IT I'M SORRY.

MICHAEL HARRINGTON: GO AHEAD.

JULIE SOUZA RYE CITY COUNCIL MEMBER: NO, I WAS JUST GONNA SAY IN THAT INSTANCE, WAS IT ON THE BASIS OF LIKE THE BURDEN OF PROOF, BECAUSE IT WAS JUST SUCH A HIGH BAR AND AND THAT WAS THE REASON, SO THEY WOULD.

JULIE SOUZA RYE CITY COUNCIL MEMBER: GIVEN THAT THEY DON'T REALLY HAVE A CHOICE RIGHT SO IF YOU TAKE THE BURDEN OF PROOF, DOWN TO SOMETHING THAT'S MORE APPROPRIATE FOR WHAT WE'RE TALKING ABOUT THEN OKAY.

JULIE SOUZA RYE CITY COUNCIL MEMBER: THAT WAS THE REASON.

MICHAEL HARRINGTON: I THINK I BELIEVE I BELIEVE THAT IS THE CASE, THE BURDEN OF PROOF IS SO HIGH THAT ALMOST NO AMOUNT OF EVIDENCE WOULD WOULD SATISFY WOULD SATISFY THAT BURDEN, I WILL MENTION JUST BECAUSE IT CAME UP EARLIER.

MICHAEL HARRINGTON: 95 AND 97 OAKLAND BEACH THAT WAS THE MOST RECENT REJECTION FROM THE BOARD OF ARCHITECTURE REVIEW WAS 95 OAKLAND BEACH.

MICHAEL HARRINGTON: SO WHEN YOU GO SEE THAT PROPERTY, YOU MAY SEE WHY THAT WAS OVERTURNED.

KRISTEN WILSON: AND, JUST TO BE CLEAR THERE'S THERE'S THE BURDEN OF PROOF AND THEY.

KRISTEN WILSON: ALSO.

KRISTEN WILSON: KNOW HOW SUBSTANTIAL THE RECORD IS BELOW SO THAT IT IS IT KIND OF GO HAND IN HAND THE BOARD OF APPEALS WHEN THEY RECEIVE THESE APPEALS ARE THESE CHALLENGES WITH THE BOARD OF ARCHITECTURAL REVIEW HAD BEFORE IT.

KRISTEN WILSON: THE EXCESSIVE SIMILARITY AND SIMILARITY STANDARDS AND THEN AS MICHAEL WAS SAYING THAT IT DOES CURRENTLY HAVE THE HIGHEST BURDEN OF PROOF THAT EXISTS IN NEW YORK SO.

JOSH NATHAN RYE CITY COUNCIL MEMBER: AND AND MICHAEL ARE YOU ARE YOU, IS IT YOUR SENSE I MEAN I'M I'M KIND OF ASSUMING IT IS, BUT JUST SO I'M CLEAR THAT THAT, WITH THIS NEW STANDARD, YOU WOULD YOU AS A BOARD WOULD.

JOSH NATHAN RYE CITY COUNCIL MEMBER: TAKE A DIFFERENT APPROACH TO.

JOSH NATHAN RYE CITY COUNCIL MEMBER: IT LOOKING BACKWARDS, THE PROJECTS YOU'VE APPROVED BECAUSE YOU WOULD FEEL THAT YOU GOT.

JOSH NATHAN RYE CITY COUNCIL MEMBER: MORE MORE TEETH.

MICHAEL HARRINGTON: SO TO SMILE YEAH I MEAN I SPEAKING FROM ME, PERSONALLY I WOULDN'T CHANGE MY APPROACH AT ALL, I THINK.

MICHAEL HARRINGTON: BASED ON THE LAST SIX YEARS WHERE WE'VE WE'VE VOTED TO REJECT AN APPLICATION TWO TIMES THAT I CAN HAVE THEM SO INFREQUENT I CAN'T REMEMBER IF IT'S TWO OR THREE I KNOW IT HAS ACT IS DEFINITELY TO I BELIEVE IT'S THREE IT'S VERY INFREQUENT.

MICHAEL HARRINGTON: THE REASON BEING IS BECAUSE THE APPROACH THE BOARD TAKES IS WORKING WITH APPLICANTS AND WORKING WITH COMMUNITY MEMBERS.

MICHAEL HARRINGTON: TO GET TO A RESOLUTION THAT IS ACCEPTABLE TO YOU KNOW TO EVERYONE SO WE GO OUT OF OUR WAY AND AS, AS YOU KNOW, EVERYONE HERE DOES IS WORKING WITH THE COMMUNITY, BECAUSE ULTIMATELY.

MICHAEL HARRINGTON: WE FEEL THAT THAT'S THE MOST PRODUCTIVE WE DON'T PRETEND TO HAVE ALL THE ANSWERS WE DO NOT HAVE ALL THE ANSWERS AND CERTAINLY UNDER MY THE PRIOR CHAIRMAN SHIPS AND MY CURRENT CHAIRMAN SHIP.

MICHAEL HARRINGTON: WE WE WOULD.

MICHAEL HARRINGTON: IN THE END, WE WOULD NOT CHANGE OUR APPROACH AT ALL, WE WOULD CONTINUE TO WORK WITH THE COMMUNITY AND REALLY THIS THIS THE APPEALS PROCESS IS FOR THE VERY RARE.

MICHAEL HARRINGTON: AGREE JUST VIOLATION OF THE CHAPTER AND THE PROVISIONS IN THE CHAPTER, SO I BELIEVE THESE REJECTIONS WOULD REMAIN VERY, VERY RARE, BUT IF THEY DID, IF AND WHEN THEY DO HAPPEN.

MICHAEL HARRINGTON: THE LIKELIHOOD THAT THEY WOULD BE RIGHT NOW THE LIKELIHOOD THAT THEY'RE AUTOMATICALLY OVERTURNED IS ALMOST CERTAIN.

MICHAEL HARRINGTON: WITH THIS CHANGE, I WOULD SAY THE THE OVERTURNING OF THE DECISION IS NOT A CERTAINTY.

JULIE SOUZA RYE CITY COUNCIL MEMBER: SO.

JULIE SOUZA RYE CITY COUNCIL MEMBER: CAN I JUST GOT A QUESTION TO YOU IS THERE ANY OTHER MENTION OF IS THERE ANYTHING IN THE BOARD OF APPEALS.

JULIE SOUZA RYE CITY COUNCIL MEMBER: PURVIEW WHENEVER PART OF THE CODE THAT NEEDS TO BE CHANGED TO REFLECT THIS OR IS IT OR OR IS IT ENCOMPASSED IN THIS 53 DASH 10.

KRISTEN WILSON: SO THE APPEALS PROCESS AS AN APPLICANT, WHERE THE CALENDAR PART OF ARCHITECTURAL REVIEW DECISION IS SET FORTH IN CHAPTER 53.

KRISTEN WILSON: OKAY, THE THE BOARD OF APPEALS, I CAN GO BACK AND LOOK EXACTLY WHAT LANGUAGE IS IN THERE, BUT IT DOESN'T GIVE THEM JURISDICTION TO HEAR THESE APPEALS.

KRISTEN WILSON: BUT I WILL GO BACK THIS YOU RAISE A GOOD QUESTION THAT I'LL GO BACK AND CONFIRM, NOTHING WOULD SUBSEQUENTLY NEED TO BE CHANGED.

JULIE SOUZA RYE CITY COUNCIL MEMBER: YEAH I MEAN, I CAN SEE WHERE THEY'RE 5310 LOOKS GOOD TO ME MY ONLY QUESTION IS IF THERE'S SOMETHING ELSE IN THE CODE THAT TALKS ABOUT THEIR SCOPE AND RESPONSIBILITIES, AND WE NEED TO TAKE IN TIME WE SHOULD JUST.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: DO THAT.

[01:35:03]

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: AND THEN, NICK YOU ALSO SERVED ON THE VAR YEARS AGO WHAT WAS YOUR EXPERIENCE AND WHY DO YOU THINK WE, WE SHOULD BE IMPLEMENTING THESE.

NICK EVERETT: WELL, I AGREE WITH THE COMMENT THAT WAS MADE THAT THE VAR REALLY HAS NO TEETH HAVE TO KIND OF GO.

NICK EVERETT: IN MIND NINE YEARS, THE CHAIRMAN OF THE VAR BE REAPING THE FIELD AND A BOARD OF APPEALS OVERTURN THEM ALL VERY QUICKLY WITHOUT MUCH DISCUSSION.

NICK EVERETT: SO THIS IS GETTING AT THE ORIGINAL CONCEPT OF A SIDEWAYS HOUSE WHICH WE TOOK ME REALLY THE VAR NEEDS MORE TEETH IN ORDER TO WORK WITH APPLICANTS TO COME UP WITH VIABLE SOLUTIONS FOR THE COMMUNITY, AND I BELIEVE THAT THIS IS DOING A LOT IN THAT REGARD.

OKAY.

JOSH NATHAN RYE CITY COUNCIL MEMBER: SO ONE ONE OTHER.

JOSH NATHAN RYE CITY COUNCIL MEMBER: IT'S LESS OF A QUESTION MORE, BUT HOPEFULLY AN EASIER REQUEST IS THERE A MARKUP THAT WE COULD GET.

JOSH NATHAN RYE CITY COUNCIL MEMBER: BEFORE OUR NEXT MEETING ON THIS THAT JUST SHOWS THE CHANGES, BECAUSE I KNOW THERE'S SOME MINOR CHANGES AND MAYBE THAT'S SOMETHING KRISTIN THAT YOUR OFFICE HAS OR WHOEVER IT IS JUST YOU KNOW, LIKE A RED LINE.

KRISTEN WILSON: NOT A PROBLEM, YES, ABSOLUTELY AND I.

KRISTEN WILSON: KNOW MAKE IT MUCH EASIER FOR EVERYONE.

JOSH COHN RYE CITY MAYOR: TO BE PUBLICLY DISTRIBUTED.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: GREAT SHOW.

BILL HENDERSON RYE CITY COUNCIL MEMBER: UM, CAN I JUST ASK ONE OTHER QUESTION.

BILL HENDERSON RYE CITY COUNCIL MEMBER: CHRISTINA WE AWARE OF ANY OTHER COMMUNITIES THAT HAVE SIMILAR STANDARD OF PROOF FOR THIS TYPE OF LAW IS IS IS THIS A THIS THING THAT'S FAIRLY COMMON OR OR IS THIS ARE WE.

BILL HENDERSON RYE CITY COUNCIL MEMBER: GOING OUT ON A LIMB HERE, OR YOU KNOW IS THIS SOMETHING THAT WE DO.

KRISTEN WILSON: SO THAT IS BEYOND A REASONABLE DOUBT IS A LITTLE UNUSUAL AND.

KRISTEN WILSON: A COUPLE OTHER COMMUNITIES.

KRISTEN WILSON: THERE'S MOST OF THE COMMUNITIES, CERTAINLY IN WESTCHESTER HAVE PREPONDERANCE OF EVIDENCE, MORE LIKELY THAN NOT.

KRISTEN WILSON: MORE LESSER STANDARDS OF PROOF.

BILL HENDERSON RYE CITY COUNCIL MEMBER: CLEARING CONVINCING IS AT ONE OF THEM ARE ALREADY.

KRISTEN WILSON: BEEN USED, YES, BUT I WILL TELL YOU THAT THE LANGUAGE REGARDING EXCESSIVE DECEMBER LARRY EXCESSIVE SIMILARITY THAT CONCEPT IS ALMOST CONSISTENT THROUGHOUT THE COMMUNITIES IN TERMS OF WHAT THE BOARD OF ARCHITECTURAL REVIEWS LOOK AT AND THE STANDARD OF PROOF DOES DOES VARY.

BILL HENDERSON RYE CITY COUNCIL MEMBER: BUT BUT IT'S NOT WE'RE NOT THE ONLY ONES THAT ARE CONSIDERING HAVING IT MORE LIKELY THAN NOT THAT THAT THERE HAVE BEEN OTHER LAWS THAT HAVE BEEN LIKE THAT.

BILL HENDERSON RYE CITY COUNCIL MEMBER: YEAH OKAY, THANK YOU.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: SO MAY I MAKE A MOTION TO OPEN A PUBLIC HEARING TO GET THE PIN PUBLIC OPINION ON THE PROPOSED LOCAL LAW AMENDING CHAPTER 53.

KRISTEN WILSON: GRANGER HOBSON'S.

KGRAINGERHOBBINS@GMAIL.COM: YES, JOHN HOPKINS AGAIN.

KGRAINGERHOBBINS@GMAIL.COM: THANK YOU AND THANK YOU, MICHAEL FOR FOR ALL THE WORK YOU'VE DONE ON THE BOARD OF APPEALS.

KGRAINGERHOBBINS@GMAIL.COM: I'M KIND OF CLOSER TO IT THAN PROBABLY MOST RIGHT RESIDENCE, BECAUSE MY WIFE SITS ON THE BOARD WITH MICHAEL AND I I SEE HOW HARD THEY ALL WORK.

KGRAINGERHOBBINS@GMAIL.COM: AND HOW IMPACTFUL THEY ARE PROBABLY 95% OF THE TIME IN IN RESOLVING SITUATIONS WITH ARCHITECTS BUILDERS ATTORNEYS WHICH IS NO FUN AND AND THE THE WHOLE YOU KNOW THE PERSON WHO OWNS THE HOME.

KGRAINGERHOBBINS@GMAIL.COM: THE 9597 DEBACLE HERE IN OAKLAND BEACH IT WITH DAWNED ON ME IS THAT THE BOARD OF APPEALS DOES NOT SEEM TO TAKE THE BOARD OF ARCHITECTURAL REVIEW VERY SERIOUSLY.

KGRAINGERHOBBINS@GMAIL.COM: AH, AS FAR AS I COULD TELL FROM AS A CITIZEN AND WATCHING THE THE DOCUMENTS GO BACK AND FORTH, THERE WAS VERY LITTLE IF NO COMMUNICATION BETWEEN THE APPEALS BOARD AND MICHAEL'S BOARD.

KGRAINGERHOBBINS@GMAIL.COM: AND THEN THE AND I JUST DON'T UNDERSTAND HOW TO COMMITTEES TO COMMISSIONS IN THE CITY OF RYE CAN BE SO APART ON SOMETHING WHEN IT'S SO MEANINGFUL THAT THEY WORK TOGETHER.

KGRAINGERHOBBINS@GMAIL.COM: THAT'S ONE OF THE CONCERNS I HAVE GOING FORWARD AND THAT'S WHAT I WOULD ASK YOU, MR MAYOR, AS WELL AS ALL THE CITY COUNCIL MEMBERS TO DELVE INTO GOING FORWARD, BECAUSE I THINK IT'S SERIOUSLY NEEDS TO BE LOOKED AT.

KGRAINGERHOBBINS@GMAIL.COM: MY OTHER QUESTION IS, DO YOU HAVE TO BE A WRITER RESIN TO SIT ON THE BOARD OF APPEALS ONE AND TWO, HAS THE BOARD OF APPEALS CHANGED.

KGRAINGERHOBBINS@GMAIL.COM: BECAUSE YOU HAD NICK WHO WENT THROUGH NINE YEARS OF DISMISSAL, AND YOU HAVE MICHAEL WHO'S DONE FEW MULTIPLE YEARS OF DISMISSAL SO.

KGRAINGERHOBBINS@GMAIL.COM: SHOULD WE BE LOOKING AT YOU KNOW WHO IS SITTING ON THE BOARD OF APPEALS AND WHY IS IT NOT WORKING, AND WHY WHY CAN THEY NOT WORK WITH THE BOARD OF ARCHITECTURAL REVIEW AS THEY SHOULD.

[01:40:11]

THANK YOU.

JULIE SOUZA RYE CITY COUNCIL MEMBER: CLARIFYING QUESTION ON THAT BECAUSE.

JULIE SOUZA RYE CITY COUNCIL MEMBER: IT'S IT MAKES SENSE JOHN THAT YOU WOULD THOSE WHO WORK TOGETHER, BUT I THINK THE WHOLE POINT IS THAT THEY DON'T RIGHT, I MEAN ISN'T ISN'T THE POINT TO SORT OF DELINEATE AND HAVE.

JULIE SOUZA RYE CITY COUNCIL MEMBER: SORT OF A NEUTRAL THE BOARD OF APPEALS BE SORT OF A NEUTRAL PARTY, I MEAN IS THERE IS THERE, SOMETHING THAT SORT OF IS DELINEATING YOU KNOW, LIKE A SEPARATION OF POWERS, THERE.

JOSH COHN RYE CITY MAYOR: YES, YES, THE THE BOARD OF APPEALS IS THERE IS ESSENTIALLY OUR OUR APPELLATE BODY AT THE COMMISSION LEVEL, AND THEY HAVE THEIR OWN LEGAL STRUCTURES.

JOSH COHN RYE CITY MAYOR: THAT THAT THEY'RE BOUND BY CHRISTIAN WOULD BE BETTER ABLE TO DESCRIBE THEM THAN I WOULD BUT THEY WOULD NEED TO.

JOSH COHN RYE CITY MAYOR: I WOULD THINK HAVE THE BOARD OF ARCHITECTURAL REVIEW AT ARM'S LENGTH AS THEY ARE CONSIDERING ITS DECISION UNDER THE STANDARD THAT'S IN OUR CODE WHICH WE'RE NOW LOOKING AT CHANGING BECAUSE WE'RE PERHAPS ON UNHAPPY WITH THE RESULT, BUT CHRISTIAN HAVE I.

JOSH COHN RYE CITY MAYOR: IN A IN A PLAIN LANGUAGE, WASTE SUCH SUMMED UP THE RELATIONSHIP.

KRISTEN WILSON: IT'S A KIND OF SEPARATION OF POWERS, THEY ARE ESSENTIALLY THE THE ADMINISTRATIVE COURT FOR.

KRISTEN WILSON: MOST ALL REALLY ALL APPEALS, THEY HAVE SOME ORIGINAL JURISDICTION REGARDING INTERPRETATION OF OUR ZONING CODE.

KRISTEN WILSON: BUT THEY BUT FOR THE ARCHITECTURAL REVIEW BOARD PRESENTING THEIR CASE TO THE BOARD OF APPEALS ON A PARTICULAR MATTER THERE'S REALLY NO THERE SHOULDN'T BE ANY.

KRISTEN WILSON: CONSISTENT OR CONSTANT COMMUNICATION AS FAR AS WHAT ONE BOARD IS DOING VERSUS ANOTHER, AND I, AND I SAY THAT THERE'S A COUPLE OF CAVEATS TO THAT THE PLANNING COMMISSION AND THE BOARD OF APPEALS CERTAINLY.

KRISTEN WILSON: WORK VERY CLOSELY TOGETHER AT TIMES TO TRY AND COME UP WITH A SOMETIMES A BETTER DEVELOPMENT IS IS VARIANCES NEEDED TO ALLOW FOR A.

KRISTEN WILSON: BETTER USE AND DEVELOPMENT OF PROPERTY, EVEN THOUGH IT MIGHT NOT BE TOTALLY ZONING COMPLIANT IN THOSE INSTANCES THEY THEY DO WORK TOGETHER, BUT IN TERMS OF THE VAR AND THE BOARD OF APPEALS THERE ISN'T MUCH INTERACTION.

CHRISTIAN K. MILLER, CITY PLANNER: WELL, THERE IS THE REPORT THAT HAS PREPARED BY THE VAR AND I THINK BOTH BOARDS ARE DOING THEIR JOB.

CHRISTIAN K. MILLER, CITY PLANNER: DISCHARGING THE LAW ESTABLISHED BY THE CITY COUNCIL, I THINK THE CRUX OF THIS CONVERSATION HAS BEEN ABOUT YOU'RE ASKING THE BOARD OF APPEALS TO OVERTURN SOMETHING WHEN THEY FIND THAT SOMEONE WHO'S PROVEN IT BEYOND A REASONABLE DOUBT AT A PRETTY HIGH BAR AND I THINK.

CHRISTIAN K. MILLER, CITY PLANNER: THAT THAT'S THE CRUX OF THIS CONVERSATION THIS EVENING IS CHANGING THAT STANDARD A STANDARD THAT IS SET FORTH IN THE LAW WHICH IS ESTABLISHED BY THE COUNCIL SO.

CHRISTIAN K. MILLER, CITY PLANNER: I DON'T KNOW THAT THAT THAT SORT OF ARRANGEMENT DOESN'T EXIST IN A PLANNING AND ZONING BOARD CONVERSATION, BUT IT IS, IT IS DICTATED IN THE LAW THAT YOU HAVE TODAY, SO I DON'T KNOW THAT THERE'S A LACK OF.

CHRISTIAN K. MILLER, CITY PLANNER: IT JUST THERE IN SOME WAYS, I GUESS, THEIR HANDS MIGHT BE TIED, YOU WOULD SAY, BECAUSE THE LAW SAYS THEY'VE GOT A PROVEN BEYOND A REASONABLE DOUBT AND IT'S A VERY DIFFICULT STANDARD AND THAT'S WHY THIS CAME ABOUT IN THE ZONING REVISION COMMITTEES DISCUSSIONS.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: AND ALL MEMBERS OF THE ZONING BOARD OF APPEALS OUR RESIDENTS.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: RIGHT JOSH.

JOSH COHN RYE CITY MAYOR: YES.

KRISTEN WILSON: ANYONE WISH TO SPEAK ON THIS BETTER.

KRISTEN WILSON: GRANGER HEAVENS.

KGRAINGERHOBBINS@GMAIL.COM: FIRST OFF I'M IN SOMEWHAT OF A DISAGREEMENT HERE BECAUSE I THINK THAT ANYTIME YOU'RE SITTING ON ANY BOARD AND RIGHT THE THE MAYOR, THE CITY CONSOLE CHRISTIAN.

KGRAINGERHOBBINS@GMAIL.COM: BOTH CHRISTIANS RIGHT EVERYBODY WANTS TO SAME THING RIGHT, WE WANT A GOOD SOLUTION TO WHATEVER THE PROBLEM IS AT HAND.

KGRAINGERHOBBINS@GMAIL.COM: AND ANYTIME YOU GOT TWO BOARDS THAT DON'T TALK TO EACH OTHER TO ME THAT'S THE LACK OF COMMUNICATION AND THAT DOESN'T SOLVE ANY PROBLEMS AND AS BEEN SAID, NUMEROUS TIMES TONIGHT EVERYTHING GETS OVERTURNED SO APPARENTLY THERE'S SOMETHING WRONG HERE AND HAS BEEN FOR OVER A DECADE.

KGRAINGERHOBBINS@GMAIL.COM: AND I THINK WE START, WE HAVE TO LOOK AT THAT THAT BOARD OF APPEALS VERY STRONGLY AND AS THAT BOARD CHANGED, AND WHY DO THEY CONSTANTLY TURN DOWN, YOU KNOW WITH THE BOARD OF ARCHITECTURAL REVIEW IS RECOMMENDING.

[01:45:11]

KGRAINGERHOBBINS@GMAIL.COM: AND I'M NOT SAYING ANYBODY IS DOING ANYTHING WRONG I'M JUST SAYING, I THINK, WHICH SINCE WE'RE TURNING OVER A LOT OF THINGS RIGHT HERE WE'RE OFF TO SOMEWHAT OF A FRESH START.

KGRAINGERHOBBINS@GMAIL.COM: AND WE GOT YOU KNOW A LOT OF ZONING THINGS BEING LOOKED AT IN THE IN THE MIRROR SECOND TERM IT'S TIME TO LOOK AT THESE TWO BOARDS AND.

KGRAINGERHOBBINS@GMAIL.COM: AND BRING THEM TO THE TABLE, BECAUSE I'M SURE MICHAELS BOARD WOULD LOVE TO TALK TO THEM AND I DON'T THINK THERE'S ANYTHING WRONG WITH TALKING AND GETTING MORE INFORMATION.

[8. Residents may be heard on matters for Council consideration that do not appear on the agenda.]

KGRAINGERHOBBINS@GMAIL.COM: OBVIOUSLY THE THE FINAL RESOLUTION IS GOING TO BE THE APPEALS DECISION, BUT I THINK MICHAELS BOARD SHOULD BE HEARD, AND I DON'T THINK THERE'S ANYTHING WRONG WITH THOSE TWO TALKING.

JULIE SOUZA RYE CITY COUNCIL MEMBER: I DON'T I THINK YOU HIT ON IT IS PRECISELY THE RIGHT POINT WHICH IS YOU KNOW THESE THINGS, KEEP GETTING OVER TERM SO HOW DO WE FIX THAT IF THAT'S NOT THE INTENT RIGHT.

JULIE SOUZA RYE CITY COUNCIL MEMBER: AND SO I THINK WHAT'S BEING PROPOSED HERE WILL SOLVE THAT POINT RIGHT NOW THE STANDARD TO WHICH THE BOARD OF APPEALS.

JULIE SOUZA RYE CITY COUNCIL MEMBER: HAS TO HOLD THE VAR IS SO EXCEEDINGLY AND PERHAPS UNREALISTIC REALISTICALLY HIGH THAT THEIR HANDS ARE TIED IN THIS SITUATION, SO IF YOU TAKE THAT BURDEN OF PROOF DOWN, IT GIVES THEM THE ABILITY TO TO.

JULIE SOUZA RYE CITY COUNCIL MEMBER: TO EXERCISE A LITTLE BIT MORE DISCRETION RIGHT RATHER THAN YOU KNOW IT'S ALMOST DE FACTO BUILT IN THAT THEY'VE GOT A WE'VE GOT TO LET IT DROP BECAUSE THE STANDARD OF PROOF IS SO HIGH, WE BRING IT DOWN.

JULIE SOUZA RYE CITY COUNCIL MEMBER: I DON'T I THINK YOU'RE GOING TO SEE A LOT OF THIS DISSIPATE AND AND YOU'RE GOING TO YOU KNOW IT'S NOT NECESSARILY A MATTER OF THEM WORKING TOGETHER MORE CLOSELY IT'S A MATTER OF.

JULIE SOUZA RYE CITY COUNCIL MEMBER: THE SHACKLES THAT THE WORD OF APPEALS HAVE BEEN LOOSENED A LITTLE BIT, AND I THINK THAT'S WHAT WE'RE ATTEMPTING TO DO HERE SO IT'S I DON'T DISAGREE WITH YOUR POINT I JUST THINK THE METHOD.

JULIE SOUZA RYE CITY COUNCIL MEMBER: THAT WE'RE PROPOSING HERE OR THAT CAROLINA AND MICHAEL AND NECK AND TEAM AND CHRISTIAN EVERYBODY ARE PROPOSING HERE WE'LL GET TO THAT OUTCOME FOR YOU, SO I DIDN'T SHUT UP.

KGRAINGERHOBBINS@GMAIL.COM: WE SHALL SEE, THANK YOU.

JOSH COHN RYE CITY MAYOR: DO WE HAVE OTHER HANDS RAISED.

YES.

KRISTEN WILSON: CARLOS RASA.

CARLOS PERAZA: OH HI THIS IS CARLOS PEREZ FROM 17 FOREIGN PLACE I'M NOT GOING TO YOU KNOW.

CARLOS PERAZA: TOUCH AGAIN ON THE WHOLE STORY, BUT THE ONE THING I CAN SAY IS THAT THE BAR SHOW GENUINE INTEREST IN UNDERSTANDING THE ISSUES AND IN GIVING AN OBJECTIVE DECISION.

CARLOS PERAZA: SOME MEMBERS VISITED THE SITE SEVERAL TIMES AND TRULY TRY TO UNDERSTAND THE NEIGHBORS VIEW MY LISTENING TO US IN THE OPEN MEETINGS.

CARLOS PERAZA: HOWEVER, THE BOARD OF APPEALS SHOWED ABSOLUTELY NO INTEREST IN UNDERSTANDING THE ISSUES, AT LEAST IN OUR VIEW.

CARLOS PERAZA: SINCE DID THEY NOT THEY DID NOT TAKE THE TIME TO VISIT THE SITE, AND I KNOW THIS BECAUSE I SPECIFICALLY ASKED THEM IN AN OPEN MEETING OR TO TALK TO THE NEIGHBORS SO ONE OF YOU MENTIONED THAT THAT BOARD IS SOMEWHAT OF A.

CARLOS PERAZA: LIKE A LIKE A LIKE A COURT THAT TRIES TO UNDERSTAND THE ISSUES AND, IN OUR VIEW, THEY DIDN'T TRY TO UNDERSTAND IT AT ALL, WE WERE ACTUALLY TREATED PRETTY DISMISSIVELY.

CARLOS PERAZA: IN THE ONLY MEETING WE HAD WITH THEM, SO THE EVIDENT AND VERY SAD IRONY IS THAT THE BOARD THAT CARED AND TRY TO UNDERSTAND THE ISSUES DIDN'T REALLY HAVE A SAYING.

CARLOS PERAZA: AND THE BOARD THAT DID NOT SHOW A GENUINE AND OBJECTIVE INTEREST CURRY DEFINITIVE VOICE CLEARLY SOMETHING IS VERY WRONG, THANK YOU.

KRISTEN WILSON: ANYONE ELSE THAT WISHES TO SPEAK DURING A PUBLIC HEARING.

KRISTEN WILSON: OUR HANDS, MR BEAR.

JOSH COHN RYE CITY MAYOR: OKAY, SO, THEN I WILL SUGGEST AGAIN, THEN WE PUT THIS TOPIC OVER, THAT IS, WE ADJOURN THIS HEARING UNTIL THE NEXT MEETING, AND WE PICK IT UP AGAIN.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: I'LL MAKE THAT MOTION.

BEN STACKS RYE CITY COUNCIL MEMBER: SECOND.

CAROLINA JOHNSON RYE CITY COUNCIL MEMBER: THANK YOU, NICK AND MICHAEL FOR COMING TO THE MEETING AND FOR ALL YOUR HELP THROUGHOUT THE WHOLE, AS WELL AS CHRISTIAN AND KRISTEN THANK YOU SO MUCH FOR YOUR HELP.

JOSH COHN RYE CITY MAYOR: YES, THANK YOU WILL AND TO YOUTUBE CAROLINA FOR CHAIRING THE COMMITTEE YEAH.

BILL HENDERSON RYE CITY COUNCIL MEMBER: THANK YOU.

[9. Set a public hearing for January 19, 2022 to amend Chapter 177 “Taxation” Article X “Cold War Veterans Exemption” of the Rye City Code to increase the Real Property Tax Exemption for Veterans of the Cold War.]

JOSH COHN RYE CITY MAYOR: OKAY, SO WE NEXT GO TO RESIDENTS MAY BE HEARD.

JOSH COHN RYE CITY MAYOR: ON MATTERS FOR COUNCIL CONSIDERATION THAT DO NOT APPEAR ON THE AGENDA.

KRISTEN WILSON: SUKI VAN DYKE.

SUKI VAN DIJK: I, THE REASON I WAS ATTENDING THIS MEETING TONIGHT, WAS TO TALK ABOUT SOMETHING THAT HAPPENED AT THE MEETING LAST WEEK OR LAST MEETING, WHICH WAS ALSO VERY DISTURBING IN A.

[01:50:09]

SUKI VAN DIJK: GOVERNMENTALLY PROBLEMATIC WAY THERE WERE NINE IF MY MEMORY SERVES RESIDENTS WAITING TO SPEAK ABOUT THE RIDE GOLF CLUB.

SUKI VAN DIJK: AND WHEN TERRY FINISHES PRESENTATION, THERE WAS NO OPPORTUNITY TO SPEAK, AND WHEN RESIDENTS MAY BE HEARD CAME UP RESIDENTS WERE TOLD THEY WOULD NOT BE ALLOWED TO SPEAK ON THAT MATTER.

SUKI VAN DIJK: AND SO I WOULD LIKE TO ASK YOU IF THIS IS NOW THE THE POLICY OF THE CITY COUNCIL THAT RESIDENTS WILL BE TOLD WHEN.

SUKI VAN DIJK: THEY CAN SPEAK ON CERTAIN TOPICS.

SUKI VAN DIJK: AND WHEN CERTAIN TOPICS ARE INELIGIBLE AND IF THE RATIONALE IS THAT.

SUKI VAN DIJK: PEOPLE WERE NOT ALLOWED TO SPEAK BECAUSE THAT WAS ON THE AGENDA, ARE YOU SAYING THAT THE ONLY TIME PEOPLE CAN SPEAK ABOUT SOMETHING IS WHEN IT'S NOT ON THE AGENDA.

SUKI VAN DIJK: BECAUSE THAT DOESN'T MAKE A WHOLE LOT OF SENSE, THANK YOU.

[10. Resolution to adopt provisions of Governor Hochul’s Executive Order 11.1 suspending the requirements of renewal applications as a condition to granting exemptions under sections 459-C and 467 of the Real Property Tax Law.]

KRISTEN WILSON: IS THERE ANYONE ELSE THAT WISHES TO SPEAK.

KRISTEN WILSON: WITH YOU AND BACK AGAIN.

SUKI VAN DIJK: I'M I'M SORRY IS, IS THERE ANY ANSWER TO IS THAT THE POLICY OF THE CITY COUNCIL THAT RESIDENTS WILL NOW NO LONGER BE ABLE TO SPEAK ON A TOPIC.

SUKI VAN DIJK: WHEN THE MAYOR SAYS NO, YOU CAN'T TALK ABOUT THAT THERE WERE NINE RESIDENTS WAITING TO SPEAK TO THEIR REPRESENTATIVES LAST MEETING.

SUKI VAN DIJK: IS THERE GOING TO BE AN ANSWER.

JOSH COHN RYE CITY MAYOR: MY ANSWER IS, I DON'T KNOW IF YOUR STATEMENT IS FACTUALLY ACCURATE, THEREFORE, I CAN ANSWER.

SUKI VAN DIJK: I AM HAPPY.

SUKI VAN DIJK: TO GO TO THE MINUTES AND HAPPY TO GO TO THE NINE PEOPLE WHO WERE WAITING.

SUKI VAN DIJK: BUT GIVEN THE POSSIBILITY THAT MY STATEMENT IS FACTUAL.

SUKI VAN DIJK: THAT YOU DO.

SUKI VAN DIJK: DECLARED THAT PEOPLE WERE NOT ALLOWED TO SPEAK ABOUT RIGHT GOLF CLUB AT THE LAST MEETING.

SUKI VAN DIJK: IS THAT NOW THE POLICY.

JOSH COHN RYE CITY MAYOR: I THINK THEY ALREADY ANSWERED YOU I'M NOT GOING TO PLAY HYPOTHETICAL GAMES WITH YOU.

JOSH COHN RYE CITY MAYOR: SO I WILL GO BACK AND AND AND LOOK AT WHAT HAPPENED AND CONSIDER YOUR QUESTION.

SUKI VAN DIJK: YOU THINK WELL.

JOSH COHN RYE CITY MAYOR: YOU KNOW I THINK YOU'RE ASKING OF ME.

THANK YOU.

KRISTEN WILSON: ANYONE ELSE THAT WAS JUST TO SPEAK UNDER MATTERS FOR COUNCIL CONSIDERATION THAT DO NOT APPEAR ON THE AGENDA.

KRISTEN WILSON: YOU HAVE NO MORE HANDS RAISED, MR MAYOR.

JOSH COHN RYE CITY MAYOR: OKAY, THANK YOU.

JOSH COHN RYE CITY MAYOR: THE.

JOSH COHN RYE CITY MAYOR: NEXT TOPIC IS TO SET A PUBLIC HEARING FOR JANUARY 19 TO AMEND CHAPTER 177 TAXATION TO INCREASE THE REAL PROPERTY TAX EXEMPTION FOR VETERANS OF THE COLD WAR.

JOSH COHN RYE CITY MAYOR: GREG OR KRISTEN FOOD LIKE TO GIVE US A MINUTE ON IT.

GREG USRY CITY MANAGER: FOR TOUGHER FOR A NUMBER OF YEARS, BUT THE COUNTY AND THE CITY OF GRANT AN EXEMPTION TO VETERANS OF THE COLD WAR, THIS IS SERVICE BETWEEN 1945 IN 1991.

GREG USRY CITY MANAGER: EXEMPTS THE FIRST 15% OF THE ASSESSED VALUE, BUT AT A CAP THE AMOUNT THAT AMOUNT WAS RECENTLY RAISED BY THE COUNTY TO $75,000.

GREG USRY CITY MANAGER: SO, IN KEEPING WITH THAT AND WHAT THE CITY HAS DONE IN THE PAST, WE WOULD DO THE SAME UNDER THIS CHANGE IN LAW, THE FINANCIAL IMPACT IS BY BETWEEN 25 AND 30% TO 25 HOMEOWNERS OR RESIDENTS, BUT THE DOLLAR AMOUNT IS RELATIVELY SMALL SO IT'S IT WOULD INCREASE.

[11. Appointment of the 2022 Deputy Mayor by the Mayor.]

GREG USRY CITY MANAGER: FROM A MAXIMUM OF ABOUT $168 TO A LITTLE ABOUT $280,000 A YEAR, THE IMPACT OF THE CITY IS ABOUT 1300 DOLLARS, BUT IT IS IN KEEPING WITH WHAT THE CITY HAS DONE WITH THE COUNTY IN THE PAST.

[12. Designation of the City Council’s Audit Committee by the Mayor.]

[13. Designation of the City Council Liaisons by the Mayor.]

KRISTEN WILSON: AND THE SCHOOL DISTRICT HAS BEEN FORMED TO THIS AS WELL, THEY ARE AWARE.

JOSH COHN RYE CITY MAYOR: MAY HAVE A MOTION TO SET THE PUBLIC HEARING, PLEASE.

[01:55:04]

EMILY HURD RYE CITY COUNCIL MEMBER: I CAN.