Board of Zoning Appeals

1 1 VILLAGE OF HEWLETT BAY PARK 2 3 Village Hall 30 Piermont Avenue 4 Hewlett, New York 11557 5 April 18, 2024 7:00 P.M. 6 7 PRESENT: 8 9 LEONARD SCHIFFMAN CHAIRMAN 10 MICHAEL SCHAMROTH MEMBER 11 LEE SCHLUSSEL MEMBER 12 JOSHUA BLISKO MEMBER 13 CRAIG LEVITZ MEMBER 14 DANA GARRAPUTA SECRETARY 15 16 Also present via ZOOM 17 BRIAN STOLAR VILLAGE ATTORNEY 18 DENNIS FROMIGIA BUILDING INSP. 19 20 21 22 23 24 25  Proceedings 2 1 (Whereupon, the following takes 2 place at Village Hall, 30 Piermont 3 Avenue, Hewlett, NY on April 18, 4 2024 at 7 P.M.) 5 CHAIRMAN SCHIFFMAN: It is 6 7:02. We will start the meeting. 7 There is one item on the agenda 8 today and it is 137 Piermont Avenue, 9 Hewlett Bay Park, Section 42, Block 10 111, Lot 2. And the denials -- 11 there are two issues, one is the 12 proposed pool enclosure. Fencing 13 will be located partially in the 14 front yard where the entire fence 15 shall be located behind the rear 16 line of the principle building. And 17 the second is the proposed fencing, 18 part of the retaining wall will be 19 eight feet in height where four feet 20 is the maximum height. Landscaping 21 is not shown along the entire 22 fencing. So the pool doesn't have 23 to be landscaped, but the fence 24 would. 25 So let's start at the beginning.  Proceedings 3 1 The proposed fencing will be located 2 partially in the front yard with the 3 entire fence shall be behind the 4 building line. 5 Well, tell me about how the 6 fence got here. This is the part of 7 the fence, everybody has this. So 8 it is the fence here that parallels 9 the front of the building. We're 10 calling the front of the building 11 Veeder. The side yards are 12 Piermont, and the neighbor and the 13 rear yard, for our purposes today 14 because the front door is here 15 becomes the area that abuts on the 16 Austin property next door. 17 So tell us a little about this 18 fence. 19 MS. LOWE: I have a write-up. 20 Can I read the write-up? 21 CHAIRMAN SCHIFFMAN: Yes, as 22 long as you have submitted it. 23 MS. GARRAPUTA: Just state your 24 name for the record. 25 MS. LOWE: My name is Ashley  Proceedings 4 1 Lowe from ASB Engineering. Our 2 office is located at 1924 Bellmore 3 Avenue in Bellmore, New York. 4 CHAIRMAN SCHIFFMAN: And 5 Ashley, you promise to tell the 6 truth? 7 MS. LOWE: I do. 8 CHAIRMAN SCHIFFMAN: Continue. 9 MS. LOWE: Here is a copy for 10 you, and then I have exhibits A, B 11 and C for each one of you, that way 12 you could follow along. Here is one 13 for you. And then additionally I 14 have letters of support, as well. 15 CHAIRMAN SCHIFFMAN: 16 Individually, unless from the same 17 person. Proceed. 18 MS. LOWE: Good evening, 19 Members of the Board, I'm here on 20 behalf of Mr. Stuart and Sally 21 Braunstein, who are owners and 22 occupants of the subject property 23 located at 137 Piermont Avenue. Mr. 24 Braunstein is here with us tonight. 25 As you could see and Mrs. Braunstein  Proceedings 5 1 is on Zoom. 2 This property is located in 3 Residential District "A" and we're 4 here tonight as result for an 5 application to construct a proposed 6 35 foot by 15-foot inground pool 7 with gas heater, fence, patio and 8 dry well. The subject property has 9 had no prior variances. 10 The first variance point says 11 that the pool enclosure fencing will 12 be located partially in the front 13 yard where the entire fence is 14 supposed to be behind the rear line 15 of the principle dwelling. However, 16 I would like to show the Board the 17 diagram, Exhibit A and B, which 18 shows there is a relatively small 19 corner of the fence that is 20 considered to be in the front yard. 21 So, if you look at the green 22 line, you could see it runs across 23 the original line, which is the 24 fence. 25 CHAIRMAN SCHIFFMAN: How far is  Proceedings 6 1 that corner off the street? 2 MEMBER BLISKO: Off the street? 3 CHAIRMAN SCHIFFMAN: Off the 4 street. 5 MS. LOWE: It appears to be 6 42.8. 7 CHAIRMAN SCHIFFMAN: The corner 8 is 42. 9 MR. BRAUNSTEIN: 42.8. 10 CHAIRMAN SCHIFFMAN: That's the 11 house. 12 MS. LOWE: It is in line with 13 the house, if you look. 14 CHAIRMAN SCHIFFMAN: Almost, 15 but there is no marker on that. 16 42.is marked on the arrow but this 17 shows 75 feet to the edge of the 18 fence or the edge of the pool. 19 MS. LOWE: It is probably a 20 little less than 42.8 feet. 21 CHAIRMAN SCHIFFMAN: I'm just 22 curious, how did you get the fence 23 in that area at that location, as 24 opposed to two feet back, let's say? 25 MR. BRAUNSTEIN: Can I answer?  Proceedings 7 1 CHAIRMAN SCHIFFMAN: Yes. 2 MR. BRAUNSTEIN: I just believe 3 that is the way-- 4 CHAIRMAN SCHIFFMAN: Just 5 identify yourself first. 6 MR. BRAUNSTEIN: Stuart 7 Braunstein, owner of 137 Piermont. 8 I believe that is just what the 9 landscape architect drew and that is 10 really-- I don't know that when he 11 drew it, he realized that it will be 12 encroaching, maybe by a foot or two 13 and this is how we got to that 14 place. 15 CHAIRMAN SCHIFFMAN: Okay. 16 MS. LOWE: It is just that 17 small corner which we can angle to 18 avoid the fence being in the front 19 yard, so that shouldn't be an issue. 20 As you could see the greens line 21 shows the front and side yard 22 setback and orange line represents 23 the fence. So you could see there 24 is that very small corner of 25 overlap. This is based off the  Proceedings 8 1 colored survey, which I have 2 provided to you, which marks out the 3 front yard and side yard and rear 4 yard, as this is a corner property. 5 Additionally, the next variance 6 point, the proposed fencing part of 7 the retaining wall will be eight 8 feet in height. 9 CHAIRMAN SCHIFFMAN: Explain 10 that to us. I don't have a good 11 image of how you ended up, it is not 12 an eight-foot fence, it's a 13 four-foot fence on top of a 14 four-foot retaining wall. 15 MS. LOWE: Yes. 16 CHAIRMAN SCHIFFMAN: Tell us a 17 little about that. You don't have 18 any projected images of what that 19 would look like? 20 MR. BRAUM: Andrew Braum, I'm 21 the engineer, not the landscape 22 architect that Stuart was speaking 23 about. On the drawings, I believe 24 on 8Q3 of our drawings that shows a 25 side view of the four foot retaining  Proceedings 9 1 wall with a four foot fence on top 2 it. 3 MS. LOWE: I gave the enlarged 4 view so you should all have one. 5 CHAIRMAN SCHIFFMAN: That's the 6 same one. 7 MS. LOWE: Yes. 8 MR. BRAUM: As the gentlemen 9 was saying, it is not an eight-foot 10 fence, it is a four-foot retaining 11 wall with a four-foot fence on top 12 of it, making it, from the adjacent 13 grade, appearing to be eight feet. 14 Also, the Board should know it is 15 not on the property line, it is set 16 back in. So, it is not like we're 17 putting an eight foot fence up 18 against the neighbor's property, it 19 is up well, well within the property 20 of the-- 21 CHAIRMAN SCHIFFMAN: This image 22 here, if you could see it, does that 23 represent the rear part of the pool? 24 MR. BRAUM: Yes, the that's 25 that facing the dry wells.  Proceedings 10 1 CHAIRMAN SCHIFFMAN: The four 2 dry wells. 3 MR. BRAUM: Yeah. 4 CHAIRMAN SCHIFFMAN: And how 5 about the part that faces the 6 street? 7 MR. BRAUM: So, it will start 8 tapering down. That retaining wall 9 is a four-foot height and it goes 10 down to zero, so it won't have the 11 effect of being eight feet in its 12 entirety. 13 CHAIRMAN SCHIFFMAN: So the 14 part nearer the residence will not 15 be as high as you go out into the 16 yard, as you go west? 17 MR. BRAUM: Right. 18 MR. BRAUNSTEIN: Will be zero. 19 It goes like this and it will go 20 out. The hill is like this, so here 21 is the residence, it will basically 22 be zero and then here's the 23 four-foot wall going out like that. 24 CHAIRMAN SCHIFFMAN: And it 25 goes on top of that?  Proceedings 11 1 MR. BRAUNSTEIN: On top of the 2 back part. 3 CHAIRMAN SCHIFFMAN: It's a 4 retaining wall. Will the land 5 continue to be up at that height or 6 will it slope down once you leave 7 the retaining wall it is going to 8 come straight down? 9 MR. BRAUNSTEIN: Not straight 10 down. 11 CHAIRMAN SCHIFFMAN: But it will 12 come down? It will come down? 13 MR. BRAUNSTEIN: Yes. 14 CHAIRMAN SCHIFFMAN: Four feet. 15 To where the rest of the back yard 16 is, the side yard in this case. 17 MS. LOWE: Elevation of ten. 18 CHAIRMAN SCHIFFMAN: As far as 19 drainage on this, I see that the 20 back part, the part that faces the 21 neighbor and the side yard, you got 22 four dry wells there, I assume were 23 they eight by four? 24 MR. BRAUM: They're bigger than 25 that, they're eight by five by 2.8,  Proceedings 12 1 so it is four large dry wells and we 2 also created a new grading and 3 drainage plan, and that was 4 submitted to the Building 5 Department. Dennis and I reviewed 6 it today and that will meet and 7 exceed all of the Village 8 requirements for drainage. 9 CHAIRMAN SCHIFFMAN: So that 10 will protect the Austin neighbor in 11 the rear yard? 12 MR. BRAUM: Yes; we have yard 13 drains there. 14 CHAIRMAN SCHIFFMAN: So there 15 will be quite a slope going down. 16 Will that be a sudden drop also or 17 be gradual, the part that faces 18 Austin, the part to the north? 19 MR. BRAUM: Is that the part 20 toward the dry wells? 21 CHAIRMAN SCHIFFMAN: No, not 22 the front and not the dry wells, the 23 other aspect. 24 MR. BRAUM: Everywhere on both 25 sides I worked very hard with Dennis  Proceedings 13 1 to show these yard drains and pitch 2 towards them, so that there will be 3 no negative effect to any neighbor 4 based on the grading and drainage 5 plan that we have. 6 CHAIRMAN SCHIFFMAN: And those 7 lawn drains will drain toward the 8 dry wells? 9 MR. BRAUM: Yes, with a 10 separate set of piping, yes. 11 I don't know how big is the 12 screen, can you see; if I put a 13 drawing up on my screen can you see 14 it? 15 CHAIRMAN SCHIFFMAN: The screen 16 is big, you could try. 17 MR. BRAUNSTEIN: I want you to 18 note there are already existing dry 19 wells on the property. 20 CHAIRMAN SCHIFFMAN: They're 21 adequate for what is there now, but 22 now everything changes. We have a 23 big problem with the Village with 24 water; it has gotten so much worse 25 in the last year, especially, in the  Proceedings 14 1 last six months. We're 2 waiting for the photo. 3 MR. BRAUM: I'm trying. 4 MR. BRAUNSTEIN: I could tell 5 you, the way the property is laid 6 out between us and the Austins, 7 there's really no issue, no issue 8 for the Austins at all because they 9 are a lot higher than we are, so 10 really there is no chance of us 11 impacting the Austins because 12 they're a couple of feet above us. 13 CHAIRMAN SCHIFFMAN: They have 14 a basement. The houses that don't 15 have basements, we have to worry 16 about it. 17 MR. BRAUM: Can you see my 18 screen? 19 CHAIRMAN SCHIFFMAN: I see it, 20 yes. 21 MR. BRAUM: We have a drain 22 here, here, here, here with 23 connecting piping into the dry well 24 system, same here, same here, and we 25 also have all these drains on top  Proceedings 15 1 that are all draining into the dry 2 well. And then we have the pitch of 3 the property to keep all of the 4 water on site. 5 CHAIRMAN SCHIFFMAN: Hopefully, 6 yes. 7 MR. BRAUM: These are open here 8 with grids that are going to allow 9 all the water to follow its natural 10 slope down, and realize we're only 11 changing about this much of the 12 property's grade, we're not-- 13 CHAIRMAN SCHIFFMAN: Not the 14 area in the front and not the area 15 behind it. And that is the 30-foot 16 length of the pool plus the size of 17 the deck, actually not so much 18 because the front part I see is 19 going to slope. 20 Tell me about the grading and 21 what type of drainage you are 22 putting behind the pool, between the 23 pool and the Austins where you have 24 the lawn drains. 25 MR. BRAUNSTEIN: The Austins  Proceedings 16 1 are on the left. 2 CHAIRMAN SCHIFFMAN: They're 3 behind, your only neighbor on that 4 side. 5 MR. BRAUNSTEIN: Yes. 6 MR. BRAUM: We have, there is 7 this drain and this drain here. 8 CHAIRMAN SCHIFFMAN: Yeah. 9 MR. BRAUM: And I believe this 10 property is already higher than it 11 is here. 12 MR. BRAUNSTEIN: Much higher 13 than -- 14 CHAIRMAN SCHIFFMAN: I 15 understand that tell. Me about the 16 drainage and the material. I know 17 there is going to be a lawn drain 18 which is going to go down into what? 19 MR. BRAUM: It is like a 20 receiver that gets set into a little 21 bit of concrete to hold it in place 22 and then the grass and everything 23 gets put right around it. 24 CHAIRMAN SCHIFFMAN: Is it a 25 conduit? Is it a pipe? Is it  Proceedings 17 1 gravel? 2 MR. BRAUM: Yes, this is a pipe 3 here and a pipe here. 4 CHAIRMAN SCHIFFMAN: Right. 5 MR. BRAUM: That is going to 6 connect to-- 7 CHAIRMAN SCHIFFMAN: To the dry 8 wells. 9 MR. BRAUM: Connected to this 10 drainage pipe that's going into the 11 dry well system right there. 12 CHAIRMAN SCHIFFMAN: And are 13 they sloped? 14 MR. BRAUM: They're definitely 15 sloped. I'm afraid to move my 16 screen around, but it is a four-inch 17 pipe that is pitched the minimum of 18 1/8 inch per foot toward the dry 19 well. 20 CHAIRMAN SCHIFFMAN: And you 21 have the ability to clean them out? 22 MR. BRAUM: Yeah, those can be 23 cleaned out from here and here and 24 here, yes. 25 CHAIRMAN SCHIFFMAN: Okay. And  Proceedings 18 1 on your analysis, how much rain are 2 you accommodating, how much inches? 3 MR. BRAUM: I think it is three 4 inches of rainfall. 5 CHAIRMAN SCHIFFMAN: That is 6 not enough. Three inches is not 7 enough. 8 MS. GARRAPUTA: He's got five 9 on here. 10 MR. BRAUNSTEIN: It is five on 11 there. 12 CHAIRMAN SCHIFFMAN: Five is 13 enough. 14 MS. GARRAPUTA: You have five. 15 MR. BRAUM: We have five. 16 MS. GARRAPUTA: Yeah, based on 17 five inch. 18 MR. BRAUM: Five inch right 19 there. The calculation is based on 20 five inches of rainfall. 21 CHAIRMAN SCHIFFMAN: Do you 22 have correspondence from the 23 neighbors? 24 MS. GARRAPUTA: These. 25 (Handing)  Proceedings 19 1 MR. BRAUNSTEIN: Laurie came on 2 to our property and we pointed 3 everything out to Laurie also. 4 MEMBER SCHAMROTH: You don't 5 have any water problems since 6 they're higher draining onto you? 7 MR. BRAUNSTEIN: We get a 8 little bit of water down on the 9 bottom. 10 CHAIRMAN SCHIFFMAN: You are 11 one block from the water. 12 MR. BRAUNSTEIN: Yes, it is a 13 high water table, that is the 14 situation, yeah. 15 CHAIRMAN SCHIFFMAN: So this is 16 Laurie Austin and Michael Wise. 17 Questions? 18 MEMBER BLISKO: The setback you 19 have around the pool is eight feet, 20 is there bushes around there? 21 MR. BRAUNSTEIN: We-- well, it 22 is like Andrew said, this isn't the 23 center of our property, so it is not 24 where any of the neighbors are going 25 to see this fence because there is  Proceedings 20 1 screening on all sides on the 2 perimeters of the property, so that 3 is how the fence will be screened. 4 That is just showing you bushes on 5 Veeder, that is how it is screened 6 currently. 7 CHAIRMAN SCHIFFMAN: This time 8 of year it is not great for you for 9 privacy for your pool, so that is 10 something-- 11 Do have you a fence? The fence 12 around your pool, there is nothing 13 else about it. It is not an issue. 14 MR. BRAUNSTEIN: Correct. 15 CHAIRMAN SCHIFFMAN: And the 16 drainage he's explaining, if it is 17 for five inches of rain and has 18 these protections of lawn drains for 19 Austin, it should be able and you 20 have to be able to clean them. 21 Do you have clean-outs along 22 this? Are there going to be areas 23 where somebody could get into it? 24 It is a decent run, and these things 25 tend to get blocked up pretty  Proceedings 21 1 quickly. What is the diameter of 2 that pipe? 3 MR. BRAUM: It's a four inch 4 pipe, which is more than sufficient, 5 and if the Board is so inclined to 6 approve this, once it goes to the 7 Building Department for final 8 approval, I'll work also with Dennis 9 and show a couple of clean-outs 10 there. 11 CHAIRMAN SCHIFFMAN: I think 12 that would be indicated. We don't 13 want those to back up. 14 Michael. This is the street. 15 This is on Veeder looking north 16 towards where the back yard is and 17 it is the beginning, this was 18 taken-- 19 MR. BRAUNSTEIN: Taken Sunday. 20 CHAIRMAN SCHIFFMAN: Put a date 21 on this because the date is 22 important. This is going to have 23 more lush foliage and more screening 24 once they get bigger leaves, so it 25 is not likely, the pool itself, if  Proceedings 22 1 the Austins are aware of this, it is 2 -- the pool is certainly within the 3 limits. 4 The distance from the Austin 5 side of the pool edge to the 6 property line is how much? You have 7 so many measures here. 8 MR. BRAUNSTEIN: Thirty feet, 9 roughly. 10 CHAIRMAN SCHIFFMAN: Not the 11 fence, to the pool. 12 MR. BRAUNSTEIN: From the 13 Austin property line to the pool? 14 So from the Austin property line to 15 the retaining wall, which will be on 16 the outside of the pool. 17 CHAIRMAN SCHIFFMAN: Not to the 18 retaining wall, to the pool itself. 19 MR. BRAUM: About 48 feet. You 20 got 40 to the wall and eight foot of 21 deck, so at the water's edge is 22 about 48 feet. 23 CHAIRMAN SCHIFFMAN: You 24 labeled it a rear yard. The rear 25 yard setback is 35 feet, the side  Proceedings 23 1 yard is 30. So that is why I was 2 asking you how far it is if you need 3 the 35 zone setback there is no 4 zoning issue, it is a rear yard, it 5 is labeled rear yard. Michael, you 6 have any questions about this? 7 MEMBER SCHAMROTH: No. 8 CHAIRMAN SCHIFFMAN: Okay, last 9 question. The issue of raising the 10 grade is not a Zoning Board of 11 Appeals, issue it is a Trustees 12 issue. We have no control over it. 13 It is very hard, without knowing 14 whether they're granting you that to 15 grant you a variance. When are they 16 meeting? 17 MS. GARRAPUTA: Either May 1 or 18 May 3rd, they just have to set a 19 date. 20 CHAIRMAN SCHIFFMAN: So 21 technically, Brian, correct me if 22 I'm wrong, are you there? 23 MR. STOLAR: Yes. 24 CHAIRMAN SCHIFFMAN: Until we 25 know about the grade being the grade  Proceedings 24 1 change and it is a rather 2 substantial grade, it's going from 3 10 to 14 feet. Unless we know that 4 they're granting them that, do we 5 have to hold this in abeyance 6 pending them granting the grade 7 change? 8 MR. STOLAR: Generally it 9 is opposite, you guys go first and 10 then the Board of Trustees goes 11 next. 12 CHAIRMAN SCHIFFMAN: Okay. All 13 right, any discussion from Members 14 of the Board, Michael? 15 MEMBER SCHAMROTH: No. 16 MEMBER BLISKO: No. 17 MEMBER SCHAMROTH: Quite 18 satisfied. 19 CHAIRMAN SCHIFFMAN: We need 20 somebody to make a motion to-- 21 My only question is this corner 22 of the fence. You are right, it is 23 a small area, but this fence, unlike 24 the pool, which is all your 25 business, this fence is facing the  Proceedings 25 1 public street. 2 MR. BRAUNSTEIN: Can I take a 3 look at what you are saying? Can I 4 approach? Thanks. 5 CHAIRMAN SCHIFFMAN: What was 6 the purpose of this fence? 7 MR. BRAUNSTEIN: The purpose of 8 the fence is so we have -- well, 9 obviously, to protect people from 10 entering into the front. 11 CHAIRMAN SCHIFFMAN: But they 12 can come in here. 13 MR. BRAUNSTEIN: They can't 14 because there is a fence here. 15 There is a fence that's going to go 16 from here from here and continue up 17 and around the wall. If they come 18 here they have to climb a three to 19 five foot wall and scale a fence. 20 MS. LOWE: That is all a fence. 21 CHAIRMAN SCHIFFMAN: Fences 22 don't keep people out. 23 The only question I have, it is 24 not just this, this is a fence and a 25 front yard and this entire length of  Proceedings 26 1 it is how much? 2 MS. LOWE: 32 feet. 3 CHAIRMAN SCHIFFMAN: So 32 feet 4 of fence in a front yard facing 5 here. Is it possible to drop that 6 fence back a bit? Is it going to do 7 any harm if it is just for 8 protection, I thought there was some 9 other reason. 10 MR. BRAUNSTEIN: We wanted to 11 have some more space for kids to 12 play and that kind of thing, you 13 know, room to move around; I guess 14 that's why the fence was drawn in 15 this fashion. 16 CHAIRMAN SCHIFFMAN: I like the 17 fact it is parallel to the front 18 because aesthetically, I like it to 19 go back a foot or two here, which 20 would take this corner back and make 21 it less visible from people from the 22 street. You are going to landscape 23 it, regardless. This fence has to 24 be landscaped, it is not shown on 25 here and you are going to have to  Proceedings 27 1 submit plans showing landscaping on 2 the fence. 3 MS. LOWE: Okay. I had 4 mentioned earlier when I was reading 5 my narrative, is there any way we 6 could angle this portion of the 7 fence? 8 CHAIRMAN SCHIFFMAN: This 9 fence, you don't have to do very 10 much of anything with it. This is 11 your property, your business, not 12 our zoning. This faces the street, 13 we're not supposed to have fences in 14 the front yard. This is clearly 15 labeled front yard, even though you 16 have this screen here, we'd like to 17 have landscaping around this aspect. 18 The side that faces here is not 19 really an issue. Could you just 20 show plans showing landscaping here, 21 to landscape the fence so it 22 wouldn't be visible from the street, 23 so nobody will say why did you-- 24 MR. BRAUNSTEIN: I have a 25 question.  Proceedings 28 1 CHAIRMAN SCHIFFMAN: That's what 2 we're here for. 3 MR. BRAUNSTEIN: If there is 4 landscaping here and there is 5 already landscaping in here, why-- 6 CHAIRMAN SCHIFFMAN: Because 7 this is not like arborvitae. Even 8 when this is fully done, I walked by 9 this 80,000 times; there is still 10 going to be spaces where that fence 11 is going to be seen. What you do on 12 your property here is nobody's 13 business, but once it faces a front 14 street, it change things. 15 MR. BRAUNSTEIN: Instead of 16 moving the fence can we put in 17 arborvitaes here? 18 CHAIRMAN SCHIFFMAN: If you 19 made it dense enough. 20 MR. BRAUNSTEIN: I prefer to do 21 that, if that is okay with the 22 Board. 23 CHAIRMAN SCHIFFMAN: If you 24 are going to have a four foot fence, 25 who wants to look at a fence?  Proceedings 29 1 MS. LOWE: It seems awkward to 2 have trees there. 3 CHAIRMAN SCHIFFMAN: Bushes, 4 they only have to grow four feet. 5 You don't need to spend the money on 6 arborvitae, why waste money on that? 7 Put four-foot bushes. 8 MR. BRAUNSTEIN: We can do 9 that. 10 MEMBER SCHAMROTH: It keeps 11 everybody for the next time-- 12 MR. BRAUNSTEIN: Understood, it 13 is precedent. 14 CHAIRMAN SCHIFFMAN: That is 15 what kills us. 16 MR. BRAUNSTEIN: Understood. 17 CHAIRMAN SCHIFFMAN: Even if 18 you kept it here, if you put bushes, 19 four foot bushes are not going to 20 cost you a lot, two feet the first 21 years and by the third year nobody 22 will see the fence, that is it, it 23 faces the street. 24 MR. BRAUNSTEIN: We can do 25 that.  Proceedings 30 1 CHAIRMAN SCHIFFMAN: That would 2 be my stipulation really on that. 3 Other than that I think-- so we have 4 two variances to vote on. 5 MS. GARRAPUTA: Hold on a 6 second. 7 CHAIRMAN SCHIFFMAN: Yes. 8 MS. GARRAPUTA: The computer 9 froze. I'm going to try to bring it 10 up on my phone. 11 CHAIRMAN SCHIFFMAN: Who is 12 this? 13 MS. GARRAPUTA: Everybody 14 froze. I'm going to try to do it 15 from my phone. 16 Can you recap what you are 17 talking about for everybody? 18 CHAIRMAN SCHIFFMAN: So we're 19 going to add a stipulation to this 20 that the plans will be adjusted to 21 show bushes, landscaping the portion 22 of the, 40 foot portion of the fence 23 that faces Veeder and only that 24 portion, not putting any 25 stipulations on the rest, and if  Proceedings 31 1 that's the case, the fence wouldn't 2 have to be moved, okay? That is 3 one. So that's the stipulation on 4 that. 5 What you're telling me about 6 grading, I know that is the way it 7 goes, it makes no sense to me, but I 8 will go along if that is what the 9 code says. 10 As to the retaining wall being 11 eight feet in height where four feet 12 is required. The fence itself is 13 four feet, the retaining wall is the 14 rest of it, and the retaining wall 15 is necessary because the property is 16 not level and it is being raised, so 17 I really don't see this as an eight 18 foot fence. The stipulation here 19 will be that there is not really an 20 eight foot fence; that this is a 21 retaining wall topped by a 22 conforming safety pool fence of four 23 feet. 24 MEMBER SCHAMROTH: I would like 25 to see something like that written,  Proceedings 32 1 so it doesn't seem-- 2 CHAIRMAN SCHIFFMAN: So, I 3 think you want to make the motion on 4 the first item. 5 The pool fencing will be located 6 partially in the front yard. 7 Actually, I think we're going to say 8 that just a corner of the pool 9 fencing, and that portion, the 10 40-foot portion of the fence facing 11 Veeder will be landscaped on the 12 outside, on the outside to decrease 13 visibility. You good with that? 14 MEMBER BLISKO: Yes. 15 MR. STOLAR: The motion is with 16 respect to the variances subject to 17 conditions 1, 2 and how many others 18 you have. 19 CHAIRMAN SCHIFFMAN: As to 20 variance 1, the variance will be 21 granted subject to the following 22 exclusion: And because only a small 23 portion of the fence is involved, 24 that the 40 foot portion of the 25 fence that faces Veeder will be  Proceedings 33 1 landscaped to the height of the 2 fence many. 3 That's the first motion, we have 4 to vote on that. So all in favor. 5 MR. STOLAR: That's the first 6 condition. 7 CHAIRMAN SCHIFFMAN: And the 8 motion that has to be approved, that 9 the proposed pool enclosure located 10 partially in the front yard for the 11 entire fence shall be in the rear 12 yard is approved with the condition 13 that the fence be, the 40 foot 14 length of the fence facing Veeder be 15 landscaped. 16 MR. STOLAR: You are breaking up 17 the variances into two. 18 CHAIRMAN SCHIFFMAN: I'm 19 breaking it up. That is A; that's 20 the first one. 21 MR. STOLAR: Okay. 22 CHAIRMAN SCHIFFMAN: We voted 23 on that, Brian. 24 MR. STOLAR: You need a formal 25 motion.  Proceedings 34 1 CHAIRMAN SCHIFFMAN: Josh made 2 the motion for that. You are going 3 to second it? 4 MEMBER SCHAMROTH: I definitely 5 second it. 6 CHAIRMAN SCHIFFMAN: All in 7 favor of granting the motion with 8 the stipulations? Everyone. 9 So the motion with stipulations 10 is unanimously approved. 11 Item 2. The proposed fence and 12 part of the retaining wall will be 13 eight feet in height where four feet 14 is the maximum height. Landscaping 15 is not shown across the entirety of 16 the fencing. 17 So this fencing is on their 18 property and it doesn't violate or 19 require anything from us; it meets 20 the rear yard and side yard 21 setbacks. The fence itself is only 22 four feet. This is a safety fence 23 and the retaining wall is necessary 24 for engineering purposes. So what 25 we're granting is a four foot  Proceedings 35 1 retaining wall topped by, mandated 2 four foot safety fence, correct, 3 Brian? 4 MR. STOLAR: So you are 5 granting an eight foot fence? 6 CHAIRMAN SCHIFFMAN: No, we're 7 granting a four foot retaining wall 8 topped by a mandated four foot pool 9 safety fence. 10 MR. STOLAR: That's understood, 11 but that is considered a fence under 12 code. 13 CHAIRMAN SCHIFFMAN: Where is 14 that considered a fence? Where is 15 the retaining wall considered a 16 fence? 17 MR. STOLAR: The code, that is 18 the definition in the code. I have 19 to look at that. 20 CHAIRMAN SCHIFFMAN: I would 21 like you to look at it. 22 MR. BRAUNSTEIN: I have a 23 question. How could the retaining 24 wall being considered a fence? It's 25 on top of retaining wall, I'm not --  Proceedings 36 1 CHAIRMAN SCHIFFMAN: Again, 2 that's the lawyer and that is his 3 job is to tell us when we have to 4 step back. 5 MR. BRAUNSTEIN: Yes. 6 CHAIRMAN SCHIFFMAN: We can't 7 give you a two foot fence because 8 the pool requires a four foot fence, 9 so that is not up for grabs. The 10 retaining wall is necessary to build 11 the pool. You can't do it without 12 it, you will be too shallow. So, 13 I'm just waiting for Brian to do the 14 research and let's see. 15 MR. STOLAR: So the definition 16 of fence in the code is a structure 17 erected around or by the side of any 18 open space to prevent passages in 19 and out. 20 MR. BRAUNSTEIN: It is not an 21 open space, you can't pass through. 22 MS. GARRAPUTA: 146-9(C)(6)(b), 23 that is what we denied them on. 24 See if there is anything extra 25 in there. The fence would be eight  Proceedings 37 1 feet from the adjoining grade in 2 height. If you stand on this side 3 of the retaining wall, the backside, 4 it is eight feet in height. 5 MEMBER BLISKO: That is sloping 6 back. 7 MS. GARRAPUTA: They didn't 8 show it on the plan. 9 MR. BRAUNSTEIN: You are right, 10 if we are standing right on the back 11 of the retaining wall facing the 12 pool. 13 CHAIRMAN SCHIFFMAN: Is this 14 going to be-- if you are not going 15 to make it sloped for drainage 16 purposes and other things. 17 MR. BRAUNSTEIN: I prefer to 18 bury half the wall so it is only a 19 six-foot height from the grade. I 20 would like to do it. 21 CHAIRMAN SCHIFFMAN: I think 22 safety-wise. 23 MR. BRAUNSTEIN: I prefer to do 24 that and then it becomes a six-foot 25 fence. We prefer to bury part of  Proceedings 38 1 the wall so we don't see. 2 CHAIRMAN SCHIFFMAN: I don't 3 know if it would look awkward. 4 Brian, is that where we're at? 5 MR. STOLAR: I'm looking at that 6 part right now. 7 CHAIRMAN SCHIFFMAN: That 8 instead of being an 8-foot, 4 feet 9 of barrier and then 4 feet of fence, 10 could you slope from the top of that 11 retaining wall backwards? Is there 12 any reason you can't do that? 13 MR. BRAUNSTEIN: We can. 14 MS. LOWE: I don't believe, I'm 15 not an architect, I'm an expediter, 16 I want to go on the record stating 17 that. But with that being said, I 18 don't see any reason why you 19 wouldn't be able to do that. 20 Just so I'm clear, are we 21 discussing all of the retaining wall 22 or-- 23 CHAIRMAN SCHIFFMAN: Only the 24 part facing west. 25 MR. BRAUNSTEIN: The part  Proceedings 39 1 facing Wise. 2 MR. STOLAR: Dana, what part of 3 that section are you referring to 4 because I don't know what you are 5 referencing. 6 MS. GARRAPUTA: The denial 7 letter, that section that we 8 referenced. 9 MR. STOLAR: Six feet, right? 10 MS. GARRAPUTA: Yeah. Is there 11 anything in there because that is 12 all fencing stuff right there, 13 anything else that you see that 14 would state it? I don't have the 15 book in front of me. 16 MR. STOLAR: B says the fence 17 along any other property boundary or 18 within five feet of the property 19 boundary; is that the case here? 20 CHAIRMAN SCHIFFMAN: No, it is 21 not. 22 MR. BRAUNSTEIN: It is not, it 23 is the center of the property. 24 MRS. BRAUNSTEIN: Not even 25 close.  Proceedings 40 1 MS. GARRAPUTA: About 32 feet 2 from the-- 3 MR. STOLAR: B is not 4 applicable. 5 MEMBER SCHAMROTH: Correct. 6 CHAIRMAN SCHIFFMAN: I don't 7 think it is, but I do think, I think 8 there might be-- I don't know about 9 a drainage issue. I think if you 10 could slope that, instead of having 11 it look like a very harsh four foot 12 barrier and a four foot fence, I 13 think it would look awkward; it 14 would probably create more drainage 15 problems coming from the height 16 straight down rather than that being 17 a nice slope, that slopes toward the 18 dry well, that would probably help 19 drainage. 20 MR. BRAUNSTEIN: We would 21 actually prefer to do it that way. 22 MEMBER SCHAMROTH: I would 23 think so. 24 MR. BRAUNSTEIN: Yes. 25 CHAIRMAN SCHIFFMAN: Brian,  Proceedings 41 1 anything else? 2 MR. STOLAR: I don't see, 3 looking at it quickly. 4 CHAIRMAN SCHIFFMAN: Four feet 5 of fence, it is going to look like a 6 handball court. 7 MR. BRAUNSTEIN: From the back 8 it will, I'm in agreement. 9 CHAIRMAN SCHIFFMAN: If 10 anybody ever climbed over that 11 fence, which little kids can do once 12 they can climb. 13 So perhaps what we do here-- 14 One more thing, Brian. It says 15 landscaping is not shown around the 16 entirety of the fencing. Does this 17 pool require landscaping around its 18 fence? It is within their property, 19 it's not asking for a variance. 20 MR. STOLAR: That is the point, 21 the fencing is supposed to be inside 22 the property line. 23 CHAIRMAN SCHIFFMAN: Right. So 24 if it is inside, why does it say 25 landscaping is not shown?  Proceedings 42 1 MR. STOLAR: I'm saying the 2 fencing is supposed to be inside the 3 property line to allow for 4 landscaping on the interior. 5 CHAIRMAN SCHIFFMAN: Is it 6 required to have landscaping on the 7 outside of a fence within the 8 property, within the variance line? 9 They don't need a variance for this. 10 If they don't want to put 11 landscaping around their fence, 12 isn't that their business? 13 MS. GARRAPUTA: You have to 14 within the code. 15 CHAIRMAN SCHIFFMAN: Even 16 within the property? 17 MRS. BRAUNSTEIN: This is Mrs. 18 Braunstein, hi, everybody. Where in 19 the code does it state that? 20 MR. FROMIGIA: Let me start 21 speaking here. In 146-9(C)(8)(c), 22 which is one of the variances that 23 you are asking for really then 24 should have been asked for twice 25 here, and then it states each  Proceedings 43 1 swimming pool fence shall be 2 properly screened with evergreen, 3 shrubs and plants. And also I just 4 want to point out on this plan, 5 although he did not show the 6 plantings going all around, it is 7 duly noted right in it that required 8 screening along exterior side of all 9 fencing. 10 MEMBER BLISKO: Would it be--. 11 CHAIRMAN SCHIFFMAN: That will 12 be the outside. That is the 40 foot 13 fence that faces the street, but 14 that is not on the pool. 15 MR. BRAUNSTEIN: When you say 16 screening-- 17 MR. FROMIGIA: Andrew had 18 been proposing planting going around 19 the whole outside of this. If you 20 look at the note, right at the 21 center to the right side of the 22 pool. 23 CHAIRMAN SCHIFFMAN: This is 24 something that you're saying that 25 even if a pool is within, outside of  Proceedings 44 1 a request for a variance, within the 2 accepted property Line, 35 feet off 3 the rear and 30 off the site, that 4 that pool fence still has to be 5 landscaped to four feet to cover the 6 fence? 7 MR. BRAUNSTEIN: It says the 8 code says it has to have screening 9 around the outside of the fence, 10 doesn't say how far it could be from 11 the fence; doesn't state that. 12 MR. BRAUM: The property is 13 well screened. 14 MRS. BRAUNSTEIN: May I speak 15 again it is Mrs. Braunstein. 16 CHAIRMAN SCHIFFMAN: Yes. 17 MRS. BRAUNSTEIN: If I were to 18 put evergreens all around the pool, 19 I will sit on my deck and not see 20 half of my property. I will not see 21 all my property beyond my pool. 22 MR. BRAUNSTEIN: Correct. 23 MRS. BRAUNSTEIN: It will be 24 out of my view and I would like to 25 have that in my view.  Proceedings 45 1 CHAIRMAN SCHIFFMAN: Evergreens 2 are very expensive. I would put in 3 shrubs and bushes that grow to four 4 feet and they're 1/10 the cost. 5 These arborvitae die. You could 6 drive around the neighborhood, you 7 could, you would be doing it year 8 after year. 9 I think it is going to have to 10 show, based on what the attorney is 11 saying, we're going to have four 12 foot bushes around this. Putting a 13 four foot bush on the part that 14 faces west is useless because you 15 have an eight foot wall, you have to 16 grow monster trees. So let me see a 17 way where we could manage this. 18 This fence we took care of. All 19 right, so we need a stipulation for 20 this. So the code requires this 21 around pools; not my choice, not 22 necessarily how I would have written 23 it. I think what we're going to 24 have to make a recommendation here 25 that you slope the western part with  Proceedings 46 1 the four foot wall is so it slopes 2 down gradually, you can decide on 3 the angle, without blocking the 4 entrance to the dry wells. That is 5 one. 6 Secondly, the code wants -- I 7 can't see that anybody is going to 8 make you put bushes between this 9 pool and your house, so if that is 10 something that is required, I would 11 easily grant a variance for that 12 facing the house. 13 MEMBER BLISKO: Yes. 14 CHAIRMAN SCHIFFMAN: That's 15 nobody's business. 16 MR. BRAUNSTEIN: There is no 17 fence facing the house. 18 CHAIRMAN SCHIFFMAN: So the 19 pool has to be completely 20 surrounded, so how are we going to 21 protect the rest of the-- 22 MR. BRAUNSTEIN: It is 23 surrounded in the front. 24 CHAIRMAN SCHIFFMAN: I see the 25 front and I see the back. You have  Proceedings 47 1 three sides, I have a fence here, a 2 fence here, a fence here. 3 MR. BRAUNSTEIN: Yes. 4 CHAIRMAN SCHIFFMAN: How about 5 this? It is not on here at all. 6 You see the yellow line? 7 MS. GARRAPUTA: That is the 8 re-- that's the part that is getting 9 a variance. The rest of the fencing 10 goes across here where there is a 11 gate and up and back to the house. 12 CHAIRMAN SCHIFFMAN: So you are 13 aware that, this I know from my 14 property, the part that faces 15 Austin, you can't put the fence on 16 the property line. Has to be in, 17 yes. There is nothing specifically 18 written, but we want at least two 19 feet, so you have room for bushes, 20 if you want to irrigate that. 21 That fence, you're going to 22 have to show this on the drawing 23 that fence is pulled back two feet 24 or so from the property line here. 25 You can't have a fence on the line.  Proceedings 48 1 You have to landscape it to your 2 neighbor. So you have to pull that 3 back, you landscape the outside. 4 That is mandatory in every house 5 here. 6 From what the lawyer is telling 7 me here, this part of the fence that 8 faces these people, bushes, don't 9 waste money on arborvitae; put in 10 four foot bushes, that will screen 11 this part. 12 This part here you got the wall, 13 and here you face the front. Well, 14 I'm curious to hear what you have to 15 say, I'm doing a lot of talking. 16 MR. BRAUNSTEIN: I have a 17 question. On the side of the 18 Austin, that area is already densely 19 screened. 20 CHAIRMAN SCHIFFMAN: If your 21 neighbor has a pool fence, you still 22 need another pool fence. 23 MR. BRAUNSTEIN: I understand 24 but does the fence have to be 25 brought in two feet.  Proceedings 49 1 CHAIRMAN SCHIFFMAN: You can't 2 put a fence on a property line, you 3 have to give it two feet. 4 MR. BRAUNSTEIN: Agreed. 5 CHAIRMAN SCHIFFMAN: So give it 6 the two feet. We're going to tell 7 you that -- it is silly, somebody 8 has a great hurricane fence, because 9 they have a pool, and somebody moves 10 in here, you can't use the same 11 fence. 12 MR. BRAUNSTEIN: Understood. 13 CHAIRMAN SCHIFFMAN: I don't 14 know why, but that is the rule. 15 So you pull the fence back. 16 Show on the revised plans that that 17 fence is being pulled back. Show 18 the landscaping for the 40 feet that 19 faces here. I think you should be 20 able to look at your own property 21 and I would do the variance on the 22 back wall where you are going to put 23 that slope and show the slope before 24 you get to the May 1st meeting with 25 the trustees, that that is sloped.  Proceedings 50 1 Those walls look awful and I 2 think designer review hasn't allowed 3 them. This is not going to get to 4 them so you don't have to worry 5 about that. 6 We're going to ask you to 7 landscape the part of the pool 8 facing Austin. The other part looks 9 at your property, you could do what 10 you want there. The part of the 11 pool that faces Veeder, probably 12 should get landscaping and get the 13 variance on the landscaping for the 14 back. That would be my proposal. 15 You guys? 16 MEMBER SCHAMROTH: I think it 17 is a good one. 18 CHAIRMAN SCHIFFMAN: I think 19 so. 20 MEMBER BLISKO: I agree. 21 MS. LOWE: Can I ask one quick 22 question? 23 CHAIRMAN SCHIFFMAN: Yeah. 24 MS. LOWE: When would -- so 25 you said before May 1st meeting.  Proceedings 51 1 CHAIRMAN SCHIFFMAN: Well, you 2 are going to have a sloping grade 3 rather than an eight foot area? 4 MS. LOWE: Yes. 5 CHAIRMAN SCHIFFMAN: But that 6 is the west wall that faces Wise. 7 MS. LOWE: Okay, I just want 8 to make sure. 9 CHAIRMAN SCHIFFMAN: So we 10 took care of the first part. We 11 need the second part of the variance 12 with stipulations. I would propose 13 it like this: 14 What Dennis complaint was the 15 proposed fencing part of the 16 retaining wall will be eight feet in 17 height where four feet is the 18 maximum height. Landscaping is not 19 shown along the entirety of the 20 fencing. 21 Our response to that is the 22 variance and relief from this will 23 be given, subject to the following 24 stipulations: 25 The property fence on the north  Proceedings 52 1 side facing the Austin residence 2 will be pulled back two feet from 3 the property line during its 4 entirety and landscaped to the 5 height of the fence. 6 Similarly, the portion of the 7 pool fence facing the Austin 8 residence will be landscaped with 9 shrubs and the variance will be 10 approved to not landscape the 11 portion of the pool fence facing 12 west to the Wise property. 13 And the other part of this is 14 the western part of the retaining 15 wall will be graded to a slope and a 16 four foot fence will be placed on 17 top of that. That variance will be 18 approved. 19 And put a stipulation that in 20 this case -- how many feet is that 21 retaining wall from the Wise 22 property? 23 MR. BRAUNSTEIN: Approximately 24 75. 25 CHAIRMAN SCHIFFMAN: The  Proceedings 53 1 variance was granted in this case as 2 there is 70 feet. 3 MR. FROMIGIA: Mr. Chairman, 4 may I say something? 5 CHAIRMAN SCHIFFMAN: Go ahead. 6 MR. FROMIGIA: If you take a 7 look back at the survey there you 8 you are going to see on that western 9 portion of the pool, it was kind of 10 in a pit area. In my review of the 11 drainage there, I'm relying upon 12 anything that doesn't make it to the 13 two lawn drains over there will flow 14 down into that lower level there. 15 If you level it off, then it takes 16 away what is created there naturally 17 already for a drain for the water 18 to-- 19 CHAIRMAN SCHIFFMAN: What if 20 you pushed those two dry walls back 21 six feet? The four dry wells, as a 22 group. What if you pushed them back 23 forward Wise west? 24 MR. FROMIGIA: Again, you know, 25 what makes it is that it creates a  Proceedings 54 1 concaveness for the water to flow to 2 and by levelling it off it is taking 3 that concaveness away and you could 4 have water flow going fast. 5 CHAIRMAN SCHIFFMAN: Isn't the 6 concaveness a problem in itself? 7 MR. FROMIGIA: No, it is where 8 water would collect at the lowest 9 point to flow to the dry well, that 10 is why I asked Mr. Breakdown to 11 change two of the tops there to put 12 an open gate grade so the water 13 flows down into that little valley 14 there and will go right down into 15 those dry wells. 16 CHAIRMAN SCHIFFMAN: So, the 17 fact that you interpreted the code 18 as being violated by four foot of 19 retaining wall and four foot of 20 fence, I'm trying to make this less 21 of a retaining wall so nobody else 22 does this. 23 MR. FROMIGIA: I understand, 24 I want to make you aware. 25 CHAIRMAN SCHIFFMAN: But if we  Proceedings 55 1 pushed the dry wells-- I see how the 2 grade would get into the first set 3 of dry wells. So what if you took 4 those first sets of dry wells and 5 put them behind the other dry wells, 6 put them more west, leave the two 7 westerly once where they are and 8 move the other two more west behind 9 them, the same distance and you will 10 accomplish the same thing, but we 11 won't have an eight foot retaining 12 wall to worry about. 13 MR. BRAUM: We can do that. 14 CHAIRMAN SCHIFFMAN: Also give 15 you a place for your kids to sled. 16 MR. BRAUNSTEIN: There's 17 already enough places for them to 18 sled. 19 CHAIRMAN SCHIFFMAN: Could you 20 read that back to me? 21 (Whereupon, the reporter read 22 back the requested testimony.) 23 CHAIRMAN SCHIFFMAN: So 24 basically you have the pool. The 25 pool ends here. This is the  Proceedings 56 1 retaining wall and the fence is on 2 top. This a very steep grade. You 3 have four dry wells, 1, 2, 3, 4. If 4 he takes the two that are at the 5 bottom of the slope and moves them 6 further west, there still be four 7 dry wells, not going to cost 8 anymore, pipes will run a few more 9 feet, but I think that gives you 10 that general slope, which should be 11 aesthetic, I think it will help with 12 not providing an area for water to 13 accumulate and it meets the code and 14 we can grant you the variance on 15 that. 16 MR. BRAUNSTEIN: We're fine 17 with that. 18 MRS. BRAUNSTEIN: Can I say 19 something? 20 CHAIRMAN SCHIFFMAN: Yes ma'am. 21 MRS. BRAUNSTEIN: Okay, thank 22 you so much. So the retaining wall 23 is not above the pool area, you just 24 described when you held up the legal 25 pad, the retaining wall is below,  Proceedings 57 1 not above. 2 CHAIRMAN SCHIFFMAN: The fence 3 is on top of that. 4 MRS. BRAUNSTEIN: Correct, I 5 just wanted to point that out. 6 CHAIRMAN SCHIFFMAN: You won't 7 thank me for this when see what it's 8 like to own a pool. 9 So we need a motion, I will make 10 it to make things easier so we could 11 get home and eat. The motion you 12 have it, we're not changing it. 13 We need to have, somebody has to 14 move to have a vote. 15 MEMBER BLISKO: I move to have 16 a vote. 17 CHAIRMAN SCHIFFMAN: And let's 18 vote on what we said in there, it 19 affects the big fence being pulled 20 back two feet, landscaping the 21 northern side of shrubs, no 22 landscaping, they're getting a 23 variance for that part, so she could 24 look at her property; landscaping 25 the part that faces the street and  Proceedings 58 1 landscaping the 40 foot piece of the 2 fence with shrubs, not requesting 3 arborvitaes. And all in favor of 4 that motion? 5 (Whereupon, all members voted 6 aye to approve.) 7 CHAIRMAN SCHIFFMAN: All 8 voted in favor. 9 MR. BRAUNSTEIN: Thank you. 10 MRS. BRAUNSTEIN: Thank you. 11 CHAIRMAN SCHIFFMAN: Motion 12 to adjourn? Granted. It is 7:58 13 P.M.) 14 15 ******************************* Certified to be a true and accurate 16 transcript of the original stenographic record. 17 18 ____________________________________ 19 Lorraine Marinazzo, Court Reporter 20 21 22 23 24 25