[00:00:18]
WHEN IS MEMOS THIS GONNA GET OPEN? MONDAY THE 15TH.
WHAT ARE WE GONNA DO WITH NIGHT? BECAUSE I WANNA BE THERE OPENING NIGHT.
WELL THE SAVERS WON'T PLAY UNTIL AT LEAST MONDAY BECAUSE THEY GET COVID COVID AND THAT WAS BECAUSE OF THE OTHER THAT WAS, THEY COULDN'T GET WELL, THAT'S QUITE FUNNY.
UH, WHY SHOULD THEY, THEY GOT LIKE, I KNOW PEOPLE THAT I GOT 30 INCHES, MY DAUGHTER'S GOT ABOUT 18.
I ALWAYS PUT A NICE STORM AND THEY'RE GONNA GET ANOTHER TWEAK TOO.
IT BE, IT LOOKS LIKE COULD GET SET UP IT.
CLOCK IS THE PEANUT BUTTER PATTY.
WE STAND MR. YODER, IF YOU BELIEVE IT.
PLEDGE ALLEGIANCE, THE UNITED STATES NATION LIBERTY.
REMAIN STANDING FOR JUST A MINUTE.
HONOR OUR MILITARY PERSONNEL SERVING IN MOST WHO HAVE MADE THE ULTIMATE SACRIFICE.
I'D LIKE TO WELCOME EVERYBODY TO THE TOWN OF HAMBURG BOARD OF ZONING APPEALS MEETING FEBRUARY 2ND, 2021.
THE MEETING WILL BE DIVIDED BASICALLY INTO TWO UH PARTS.
THE FIRST PART, EACH ONE OF YOU WILL BE ABLE TO COME UP AND TALK ABOUT THE VARIANCE AND WHY YOU WANT IT, AND SO ON.
UH, THE SECOND PART OF THE MEETING IS CLOSED.
UH, TO ALL OF YOU, IT'LL BE JUST AMONGST THE BOARD TO DELIBERATE WHETHER OR NOT THE VARIANCE WILL BE PASSED.
I WOULD ASK IF THE VARIANCES ARE PASSED, WE'D WAIT TILL AT LEAST FRIDAY BEFORE YOU GO INTO THE BUILDING DEPARTMENT, UH, TO PICK UP THE PAPERWORK WITH THAT.
UH, IF YOU'D ALSO SILENCE THESE PHONES OR WHATEVER, ANY OTHER DEVICES, IF YOU WOULD, OR PUT 'EM ON VIBRATE, WHATEVER.
AND WITH THAT, I'LL HAVE OUR SECRETARY READ, UH, OUR FIRST APPLICATION, LEGAL NOTICE OF HAMBURG BOARD OF ZONING APPEAL MEETING.
THE OF HAMBURG BOARD OF, UH, FEBRUARY, 2002, 21 AT 7:00 PM IN UH, ROOM SEVEN.
WELL, UM, THE CONSIDERED A FOLLOWING APPLICATION.
TABLE NUMBER APPLICATION FIVE EIGHT 3 CENTS.
SPEAK WITH COMFORT IN RIGHT AHEAD.
COME, I THINK YOU STAND UP KIND OF.
I THINK, I THINK THE MICROPHONE IS RIGHT THERE.
UH, SORRY FOR LAST TIME I DIDN'T SHOW UP BECAUSE OF MANY COMMUNICATIONS I DIDN.
I DIDN'T RECEIVE IT LATER FROM YOU GUYS, BUT TODAY I SAW UP BECAUSE OUR BUSINESS IS LAST BECAUSE OF THE SIGNS THAT WE NEED, THE SIGNS TO PUT IN A 3 6 5 COMMERCE PLACE OVER THERE
[00:05:01]
BECAUSE THE SCIENCE DIDN'T BE PUT IT BECAUSE THE CHOICE COMPANY LOGO CHANGED AND WE DIDN'T GET APPROVED TO PUT A NEW LOGO BECAUSE WE HAD TO DO SOME WORK IN OUR HOTEL TO PUT THE, UH, DO THE WORK.THEN WE CAN, UH, DO THE NEW LOGO OVER THERE.
THAT'S WHY I CAME OVER HERE TO PLEASE GIVE PERMISS TO PUT A SIGN OVER THERE.
AND I SAW THE PICTURE TO YOU GUYS THAT, UH, BOTH SIDE ARE THE, THE NEW, THE SIGN IS LOW.
THE CUSTOMER CAN SEE THE SIGN OVER THERE BECAUSE THE GROUND FLOOR IS SLOW DOWN.
THAT'S WHY WE NEED A BIGGER SIGN OF, YEAH.
LAURA, COULD YOU MUTE YOURSELF PLEASE? ARE YOU MUTED? WE'RE GETTING A LOT OF FEEDBACK, SO THAT'S WHY WE NEED A PROMISE ONE TO GET APPROVED TO GET A COM, UH, WATER THE POOL RIGHT NOW.
WE CANNOT REPLACE THE SIGN OVER THERE IF YOU CAN DO IT.
WE REALLY APPRECI IT FOR THAT BECAUSE OUR BUSINESS IS PAID FACING, LOSS OF LOSSES ABOUT THE WE DON'T HAVE A SIGN OVER THERE.
ANYBODY FROM THE BOARD HAVE ANY QUESTIONS FOR THE GENTLEMAN? AND I SAW THE LOTS OF PICTURE YOU GUYS TO BOTH SIDE THE WHATEVER THE SIGN SITE DOWN, THEN WE CAN VISIBLE TO THE CUSTOMER THE NEW YORK PAY, THE SIGN IS TOO LOW.
THE CUSTOMER CAN SEE THAT SIGN RIGHT WHERE YOU GUYS ARE DOWN AT COMMERCE.
IT COULD ALSO BE A SAFETY HAZARD AT THAT SECTION WHERE IT'S RIGHT OFF THE CAMP.
PEOPLE CAN SEE THE SIGN WHEN THEY TAKE EXIT OR SOME LIKE, BUT PEOPLE DON COME FROM THE BACKSIDE LIKE ANTHONY BECAUSE THE SIGN IS LIKE HIGH.
IF YOU GO, WE ARE GONNA PUT A NEW WIRE INSTEAD.
THE CUSTOMER CAN REVISIT THE BOTH SIDE.
EVERYBODY FAMILIAR WITH COMMERCE WHERE HE IS TALKING IT, HOW IT DIPS DOWN? MM-HMM
THE SIGN'S GONNA JUST BE REFACED, CORRECT? YEAH.
SO YEAH, IT'S ALREADY, WE JUST NEED A NEW LOGO PUT OVER THERE.
ANYBODY ELSE HAVE ANY QUESTIONS? I'M SORRY.
JUST, OKAY, MIKE, NEXT APPLICATION.
HEY, APPLICATION NUMBER 5 8 4 7 HAMBURG MCKINLEY PARK, LLC.
MEMBERS OF THE ZONING BOARD OF APPEALS, SEAN HOPKINS FROM THE LAW FIRM OF HOPKINS, GEORGIA MCCARTHY ON BEHALF OF THE APPLICANT.
I DO HAVE A REAL QUICK HANDOUT FOR THOSE MEMBERS WHO ARE HERE, WHICH I'LL PLAY IN ONE SECOND.
WE'RE HERE THIS EVENING IN CONNECTION WITH THE REQUEST FOR TWO VARIANCES FOR SIGNAGE FOR THE PROPOSED OR THE EXISTING SKETCHERS LOCATED AT 34 64 MCKINLEY PARKWAY.
IT'S MY UNDERSTANDING THIS APPLICATION WAS TABLED DURING YOUR MEETING ON JANUARY 5TH BASED ON A REQUEST FOR SOME ADDITIONAL INFORMATION IN CONNECTION WITH THE REQUEST FOR A USE VARIANCE FOR PROPOSED WALL SIGN ON MCKINLEY PARKWAY.
UM, WHAT I HANDED OUT IS A LETTER THAT I OBTAINED FROM ALAN WALKER.
HE'S A VICE PRESIDENT AT SKECHERS USA.
AND BASICALLY THE PURPOSE OF THIS LETTER, WHICH WAS TO PROVIDE SOME ADDITIONAL JUSTIFICATION UNDER USE VARIANCE CRITERIA, NUMBER ONE, RELATIVE TO, UH, FINANCIAL HARDSHIP AND SPECIFICALLY JUSTIFICATION FROM A FINANCIAL PERSPECTIVE.
SO I'M GONNA WALK THROUGH IT VERY QUICKLY.
IT IS IMPORTANT TO NOTE THAT IF YOU TURN TO THE SECOND OR THIRD PAGE, THAT'S AN AERIAL PHOTOGRAPH THAT SHOWS THE PROJECT SITE.
UM, WHAT'S ON THE WESTERN SIDE OR WHAT'S ON THE RIGHT HAND SIDE, WHICH IS THE EAST IS THE PREMISES THAT'S OWNED AND LEASED AND OCCUPIED BY RAYMORE AND FLANAGAN.
AND THEN ON THE LEFT HAND SIDE, WHICH WOULD BE THE WEST, THAT'S WHERE THE SKECHERS STORE IS LOCATED.
THAT SKECHER STORE OPENED IN LATE FALL.
THE REASON WHY, IT'S MY UNDERSTANDING THE BUILDING DEPARTMENT HAS DETERMINED THAT A USE VARIANCE IS REQUIRED FOR THE PROPOSED WALL SIGN ON MCKINLEY PARKWAY IS BECAUSE THE LEASE PREMISES ITSELF DOES NOT HAVE ANY FRONTAGE ON MCKINLEY PARKWAY.
I HAPPEN TO DISAGREE WITH THAT INTERPRETATION OF THE CODE, BUT I DON'T THINK IT REALLY MATTERS BECAUSE WE NEED TO BE HERE EITHER WAY.
[00:10:01]
LETTER, UM, SKECHERS OCCUPIES APPROXIMATELY 7,500 SQUARE FEET OF THAT BUILDING.UH, AS I INDICATED, THE PROPERTY IS PROPERLY ZONED C TWO GENERAL COMMERCIAL DISTRICT.
THE SIGN ITSELF THAT WE'RE PROPOSING ON MCKINLEY HAS, UM, DIMENSIONS OF A BASE AREA OF 75 FEET.
IT'S ACTUALLY SHOWN ON THE LAST HANDOUT.
AND WHAT YOU'LL NOTICE THERE IS IT'S ACTUALLY SUBSTANTIALLY SMALLER THAN THE VARIANCE YOU APPROVED FOR THE RAYMORE AND FLANAGAN OUTLET SIGN ON THAT SIDE OF THE BUILDING.
AND I BELIEVE THAT WAS DURING YOUR DECEMBER MEETING.
THE REASONS WHY THIS SIGN IS ESSENTIAL FROM AN, FROM AN ECONOMIC PERSPECTIVE OR SEVERAL FOLD.
FIRST AND FOREMOST, THIS STORE WAS PLANNED PRIOR TO COVID-19, BEGINNING IN THE SPRING OF 2020.
UM, AS SUCH IT WAS BUDGETED BASED ON THAT.
ULTIMATELY WHAT'S OCCURRED IS SINCE THE STORE HAS OPENED, THEIR SALES ARE OFF BY 60 TO 70% COMPARED TO THEIR PROJECTIONS AND BUDGETS.
THEY'RE OBVIOUSLY IN A DIFFICULT MARKET.
AND GIVEN THE COVID-19 RE RESTRICTIONS, ANYTHING THEY CAN DO TO BOOST THEIR ECONOMIC RETURN WOULD BE HELPFUL.
I THINK WE CAN ALL AGREE AS OF RIGHT NOW, THE STORE IS LOSING MONEY AND AGAIN, BECAUSE OF COVID-19.
THE SECOND THING I WANT TO NOTE IS IT'S NOT JUST JUSTIFICATION ON A SHORT TERM BASIS, MEANING HOPEFULLY AT SOME POINT DURING THE COURSE OF 2021 SITUATION RETURNS TO NORMAL STORES, GET BACK TO NORMAL BUSINESSES.
UNFORTUNATELY, WHAT WILL OCCUR IN CONNECTION WITH BRICKS AND MORTAR LOCATIONS LIKE THIS PARTICULAR NEW SKETCHERS IS A SIZABLE PORTION OF RETAIL BUSINESS THAT'S NOW SWITCHED TO ONLINE, AMAZON, ET CETERA, IS NOT GONNA GO BACK QUICKLY TO TRADITIONAL SHOPPING.
AND THAT'S FOR SEVERAL REASONS.
CONTINUED ADVANCES IN TECHNOLOGY, PEOPLE BEING TOO BUSY, LONG, REAL, LONG-TERM CHANGES IN CONSUMER BEHAVIOR.
SO IF WE WERE STANDING HERE TODAY AND DECIDING WHETHER OR NOT TO OPEN THIS STORE, SKETCHERS HAS BASICALLY TOLD ME WE MIGHT NOT DO IT.
HOWEVER, WE'RE PAST THAT POINT IN TIME.
THEY'VE SIGNED A LONG-TERM LEASE.
SO I THINK THERE IS AMPLE JUSTIFICATION FOR THE USE VARIANCE.
I WOULD ALSO NOTE THAT IF YOU LOOK AT THE BUILDING ITSELF, THE SIGNAGE ITSELF IS NOT EXCESSIVELY LARGE.
UM, HAVING SIGNAGE ON TWO OF THE FOUR SIDES OF THIS LARGE COMMERCIAL BUILDING MAKES A LOT OF SENSE.
SO I THINK WE CAN DEMONSTRATE CLEARLY THAT WE'VE SATISFIED USE VARIANCE CRITERIA.
NUMBER ONE, IN TERMS OF CRITERIA NUMBER TWO, IS IT A HARDSHIP THAT'S RELATIVELY UNIQUE TO THE PROPERTY, DOES NOT APPLY TO A SUBSTANTIAL PORTION OF THE DISTRICT OR NEIGHBORHOOD? I THINK YES.
AGAIN, WITH IT BEING NOTED, THE REQUEST FOR A USE VARIANCE IS ENTIRELY PREMISED ON THE FACT THE LEAST PREMISES ITSELF DOES NOT HAVE ANY FRONTAGE ON MCKINLEY.
WILL IT ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD? USE VARIANCE CRITERIA NUMBER THREE, NO.
AND THEN FINALLY, WHETHER OR NOT THE ALLEGED HARDSHIP IS SELF-CREATED.
I WOULD NOTE WITH RESPECT TO THE LETTER, SKECHERS OBVIOUSLY HAS COUNTLESS LOCATIONS THROUGHOUT THE UNITED STATES.
AND TALKING TO THE COMPANY ITSELF, THEY SAID THIS IS THE FIRST TIME WHERE THEY'VE EVER HAD A STORE LOCATED ON A CORNER LOT MCKINLEY AND MILES STRIP, WHERE THEY WERE NOT ALLOWED SIGNAGE WITHOUT A USE VARIANCE ON TWO SIDES OF THE BUILDING.
WE ALSO NEED AN AREA OF VARIANCE.
I'LL WALK THROUGH THAT REAL QUICK.
CRITERIA NUMBER ONE, WHETHER IT'LL BE AN UNDESIRABLE CHANGE IN THE CHARACTER OF THE NEIGHBORHOOD, NO.
IS THERE SOME OTHER METHOD FEASIBLE FOR US TO PURSUE THAT WOULD AVOID THE NEED FOR THE REQUESTED RELIEF? NO.
IS THE REQUESTED AREA VERY SUBSTANTIAL? AND AS YOU KNOW FROM PREVIOUS PRESENTATIONS AND THE APPLICATION, THE KEY WITH RESPECT TO CRITERIA THREE IS WHETHER ANY HARM WILL RESULT.
THINK THE ANSWER IS NO, WHETHER THE PROPOSED VARIANCE WILL HAVE AN ADVERSE EFFECT OR IMPACT ON THE PHYSICAL ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD? NO.
AND THEN FINALLY, WHETHER OR NOT THE ALLEGED DIFFICULTY WAS SELF-CREATED.
AND AGAIN, I WOULD ANSWER NO JUST AS I HAVE WITH RESPECT TO THE USE VARIANCE.
SO WE WOULD ASK THAT YOU GRANT THE REQUESTED USE VARIANCE AND THE AREA OF VARIANCE TO ALLOW THE PROPOSED 75 SQUARE FOOT SIGN ON MCKINLEY PARKWAY.
I THINK WE PROVIDED AMPLE JUSTIFICATION FOR THE REQUESTED RELIEF, AND I WOULD WELCOME THE OPPORTUNITY TO ANSWER ANY QUESTIONS THAT MEMBERS OF THE BOARD MAY HAVE.
ANY QUESTIONS MR. HOPKINS, FROM THE BOARD MEMBERS? ANY QUESTIONS? NO, THANK YOU.
HAVE A GREAT EVENING EVERYONE.
THANKS, ER, IF YOU'D READ THE NEXT APPLICATION, PLEASE.
[00:15:01]
APPLICATION NUMBER 5 8 4 6 COVIN DEVELOPMENT.I WAS JUST GONNA SAY I DIDN'T SEE ANYBODY HERE.
OKAY, MIKE, WE'LL MOVE ON TO THE NEXT APPLICATION PLEASE.
APPLICATION NUMBER FIVE A FOUR A G AND IIX EMPIRE MCKINLEY.
I AM WITH, UH, GPII AM REPRESENTING, UH, WE'RE GONNA CALL HIM EMPIRE MCKINLEY FOR THE PURPOSE OF THIS MEETING, FOR THE CIVIL PURPOSES OF EVERYTHING, THE SURVEY WORK, UM, I ALSO HAVE WITH ME IS FRANCIS GORMAN, WHO IS ATTORNEY FROM HARRIS HARRIS BEACH, WHICH IS REPRESENTING THE CLIENT.
WE, UH, WE COME BEFORE YOU FOR A FEW USE OR A FEW AREA VARIANCES.
THIS IS, THIS IS A PRESENTING A SURVEY OF WHAT WE ARE PROPOSING TO HAVE THE APPLEBEE'S PARCEL LOOK LIKE.
UM, I ACTUALLY HAVE A FEW, THE SITE'S AT 44 0 5 MILE STRIP ROAD.
IT IS PROBABLY LOCALLY KNOWN TO YOU GUYS AS THE HOME DEPOT PLAZA.
THERE IS A MULTI-TENANT BUILDING ON THE WEST HAND SIDE OF THE PLAZA, AS WELL AS THE APPLEBEE'S OUT FRONT TOWARDS MILES STRIP MOORE AND ANCHORED BY HOME DEPOT TOWARDS THE SOUTH.
UM, THE PARCEL IS ZONE C TWO SHOULD BE AN ENTIRELY CONFORMING LOT.
HOME DEPOT'S ANCHORED THAT PLAZA SINCE, UM, THE EARLY NINETIES.
THEIR CURRENT LEASE EXPIRES IN 2037 AS PART OF THEIR LEASE AGREEMENT.
UM, THAT LEASE OWNS ALL THE PREMISES MINUS THE FOOTPRINTS OF THE BUILDINGS.
SO WE CAME BEFORE YOU TO ACTUALLY GENERATE A DOCUMENT TO DIVIDE OUT THAT APPLEBEE'S FOOTPRINT.
UM, LEGALLY AND TURNS OUT WE CAN'T QUITE DO THAT.
WE, UH, ARE CREATING A NON-CONFORMING LOT.
SO THAT IS WHY WE COME BEFORE 44, THESE FIVE AREA VARIANCES, UM, WE ARE LOOKING AT NO FRONT YARD SETBACK.
UH, THE LOT COVERAGE WILL LIKELY EXCEED THE 85% THAT'S REQUIRED.
AND, UM, THE MINIMUM LOT SIZE THE WIDTH WILL NOT MEET YOUR CODE AS WELL AS THERE'S LIKELY GONNA BE, UH, DETERMINATION MADE BY THE BOARD FOR THE MINIMUM OVERALL LOT SIZE, DEPENDING ON HOW THE MIC GOES.
UM, I'M ACTUALLY GONNA LET MR. GORMAN SPEAK A LITTLE BIT MORE ABOUT THE BENEFITS AND DETRIMENTS TO GOING FORWARD WITH THESE AREA VARIANCES FOR US.
THE FIVE POINTS OF, OF THE ANY VARIANCE TYPE APPLICATION HERE.
UM, HE KNOWS THE LEGAL INS AND OUTS OF PARTICULARLY WHY THE CLIENT IS DOING THIS, WHAT THE BENEFITS THE CLIENT ARE AND WHAT THE BENEFITS WOULD BE TO THE TOWN IF, UH, IF YOU'RE ALLOWED TO MOVE FORWARD WITH THIS.
SO FRANCIS, I WILL ACT AS I'LL HELP YOU OUT WITH ANY OF THESE BOARDS HERE.
AND I ALSO HAVE AERIAL PHOTOGRAPHS OF THE SITE AS WELL AS THE OUTSIDES OF NORTH, SOUTH, EAST, WEST OF THE BUILDINGS.
IF ANYBODY WISHES TO SEE THOSE, YOU SHOULD HAVE ENOUGH COPIES FOR YEAH, I'VE GOTTA HAND OUT AS WELL.
UM, MS. ROBINSON, MY NAME IS FRANCIS GORMAN.
[00:20:01]
AN ATTORNEY AT HARRIS BEACH AND I'M REPRESENTING THE APPLICANT, UH, GINA ROMAN, RULE NINE, EMPIRE MCKINLEY, LLC.UM, THAT IS ACTUALLY A, UH, A PARTNERSHIP THAT'S MADE UP OF, UH, A GROUP OUT OF WESTCHESTER COUNTY, UH, COMMONLY KNOWN AS DOC MANAGEMENT AND A, UH, PRIVATE EQUITY FUND OUT OF NEW YORK CITY CALLED DRA ADVISORS.
UM, THIS, UH, SHOPPING CENTER IS ONE OF THE MANY, MANY RETAIL DEVELOPMENTS THAT THE BENDERSON BROTHERS DEVELOPED BACK IN 1990 WITH, UH, DAVID BALD OFF.
UM, AND, UH, THEY BROUGHT HOME DEPOT IN, IN, UH, 1991, I THINK AROUND 2000, 2004.
THEY SOLD THE PROPERTY TO DEVELOPERS DIVERSIFIED REALTY OUT OF OHIO.
UH, AND THEN BENDERSON BOUGHT IT BACK FROM DDR AND THE DLC, UH, DRA PARTNERSHIP ENDED UP BUYING A BUNCH OF THESE PROPERTIES FROM BENDERSON IN 2016.
SO THE, UH, REGAL ELMWOOD, UH, CENTER OVER IN AMHERST, UM, DELAWARE CONSUMER SQUARE, UH, ONE UP IN, UH, LOCKPORT, UM, AND THEN SOME OTHER ONES AROUND THE STATE.
UM, AND SO THIS PARTICULAR PROPERTY IN THIS, UH, EXHIBIT WAS IN OUR PAPERS.
SO THIS IS THE HOME DEPOT LEASE.
SO THIS IS REALLY BACK WHEN THEY WERE DEVELOPING SHOPPING CENTERS.
IT WAS, YOU KNOW, YOU GET A GROCERY STORE, AN ANCHOR DEPARTMENT STORE, A HOME IMPROVEMENT STORE, AND THEN MAYBE YOU CAN STICK SOMETHING ELSE ON THE SITE.
SO THEY HAVE THE PROPERTY AND THE SITE, THE LEASE DESCRIPTION FOR HOME DEPOT.
HOME DEPOT LEASES, EVERYTHING.
AND THEY ALSO HAVE A LEASE ON, THERE'S THE NATIONAL GRID POWER LINE NEXT TO THE PROPERTY.
SO HOME DEPOT HAS ALSO HAS THE LEASE ON THE NATIONAL GRID POWER LINE.
SO, UM, ACTUALLY I'LL DO IT LIKE THIS.
I GUESS THIS WOULD BE BETTER, RIGHT? AND HERE WAS BUILDER SQUARE, AND THEN, UH, I THINK HECKER BOUGHT IT AT ONE POINT, AND THEN HOME DEPOT ENDED UP, UH, MOVING INTO IT.
SO, UM, AND SO THE LEGAL DESCRIPTION FOR THE HOME DEPOT LEASE IS EVERYTHING ON THE PROPERTY EXCEPT FOR THE BUILDING.
SO THIS IS ACTUALLY RIGHT OUT OF THE LEASE.
SO ONE BIG QUESTION IS, YOU KNOW, WHY DO YOU COME UP WITH THIS PARTICULAR FOOTPRINT? WHY DO YOU HAVE TO HAVE THAT? UM, AND PART OF IT IS IT GOES TO ONE OF THE FIVE FACTORS OF THE VARIANCE TEST IS, YOU KNOW, IS IT FEASIBLE TO GET SOMETHING BIGGER? WELL, UM, HISTORICALLY, AND YOU GUYS CAN PROBABLY APPRECIATE THIS, LANDLORDS AND TENANTS, WHILE THEY'RE ALWAYS ACT NICE, IT'S, YOU KNOW, THE HAND'S ALWAYS OUT.
SO, YOU KNOW, IF WE WENT TO HOME DEPOT AND SAID, HEY, CAN WE ACTUALLY GET A BIGGER SPOT FOR YOU HERE? UM, HOME DEPOT WOULD SAY, YEAH, NO PROBLEM.
UH, WE WANT OUR RENT REDUCED BY $50,000 A YEAR OR A HUNDRED THOUSAND DOLLARS A YEAR.
SO THAT, THAT REALLY IS NOT FEASIBLE.
UM, ONE OF THE THINGS THOUGH THAT'S IN THE HOME DEPOT LEASE IN AN APPLEBEE'S IS EVERYTHING EXCEPT FOR THE BUILDING AREA IS COMMON AREA.
SO YOU CAN WALK ANYWHERE, YOU CAN DRIVE ANYWHERE, YOU CAN PARK ANYWHERE.
SO, UM, SO, YOU KNOW, AND PART OF THE FIVE FACTOR TEST IS, YOU KNOW, IS THERE GONNA BE ANY HARM TO THE COMMUNITY? YOU KNOW, IS IT GONNA LOOK OUT OF PLACE AT ALL? AND WE'RE NOT GONNA BE CHANGING THIS ONE BIT VISUALLY, YOU WON'T SEE A THING, YOU WON'T, THERE WON'T EVEN BE A SHOVEL IN THE GROUND.
SO, SO, SO THERE'S NOTHING IS GONNA CHANGE IN THAT REGARD WHATSOEVER.
UM, AND I MEAN, OVERALL THEY TALK ABOUT BALANCING THE BENEFIT TO THE APPLICANT AS AGAINST THE HARM TO THE COMMUNITY.
SO, UM, RETAIL IS, MR. HOPKINS, I THINK WAS TELLING ME, I MEAN, RETAIL IS TAKING IT ON THE CHIN DURING, UH, THE CORONAVIRUS.
AND THIS I THINK IS GONNA HELP, UH, THE OWNERS, UH, IF THEY WANT TO, THEY COULD REFINANCE JUST THE, UH, APPLEBEE'S PAR PARCEL OR POTENTIALLY THE OWNER OF APPLEBEE'S COULD BUY THE PARCEL.
SO THERE'S FINANCIAL ECONOMIC BENEFITS FOR THE APPLICANT IF IN FACT WE CAN GET THIS PIECE SUBDIVIDED.
[00:25:02]
UM, AND I'VE TALKED ABOUT THE SORT OF IN THE LEASE, AND IT'S ACTUALLY ON THE SECOND PAGE OF THE HANDOUT I GAVE YOU, IT TALKS ABOUT BASICALLY THAT THE RECIPROCAL EASEMENTS, THE, THE COMMON AREA, I BELIEVE IT'S ACTUALLY PAGE THREE, BUT I MEAN, IT MAKES IT CLEAR THAT PEOPLE COULD RIDE DRIVE EVERYWHERE.SO, YOU KNOW, EVEN THOUGH THE ACTUAL FOOTPRINT AND THE PARCEL IS GONNA BE SMALL, I MEAN FOR ALL I INTENTS AND PURPOSES, I MEAN, THEY'RE GONNA HAVE SETBACKS.
THEY'RE GONNA MEET THE PARKING REQUIREMENT.
UM, YOU KNOW, THEY GOT THE FRONT LOT LINE.
UM, SO WHEN YOU LOOK AT IT, YOU KNOW, IF YOU'RE DRIVING DOWN MILE STRIP, NOTHING IS GONNA CHANGE AT ALL.
AND, UM, YOU KNOW, IN, IN, UH, GRANTING AREA VARIANCES, WE CERTAINLY APPRECIATE THAT THE TOWN CAN IMPOSE WHATEVER REASONABLE REQUIREMENTS OR CONDITIONS ON THE VARIANCE.
AND ONE OF THE THINGS THAT, UH, THE CLIENT WOULD BE WILLING TO DO IS MAKE A CONDITION OF THE RECIPROCAL EASEMENT AGREEMENT THAT IF THERE WAS ANY FURTHER DEVELOPMENT OR ANY CHANGE TO THE SITE PLAN WHATSOEVER, THAT THE TOWN WOULD HAVE TO APPROVE IT.
UM, WE'VE DONE THIS OVER IN, UH, WE JUST DID A WELL NOW OVER IN WILLIAMSVILLE AND WE HAVE AN REA THERE IN, UM, THE TOWN ASKED THAT.
WE PUT THAT IN THE RECIPROCAL EASEMENT AGREEMENT.
AND SO THAT WOULD JUST SORT OF BRING HOME THAT VISUALLY THERE'S NOT GONNA BE ANY CHANGE TO THAT AREA WHATSOEVER.
LIKE I SAID, WE'RE NOT EVEN PUTTING A SHOVEL IN THE GROUND AND IF WE WERE GONNA CHANGE ANYTHING, WE'LL PUT IN RECIPROCAL EASEMENT AGREEMENT THAT THE TOWN HAS TO APPROVE THE CHANGE.
AND THE FACT OF THE MATTER IS, I MEAN, YOU COULDN'T BUILD ANYTHING MORE OVER THERE, BUT IF FOR SOME REASON YOU WERE GONNA NEED A BUILDING PERMIT, I MEAN, THE TOWN WOULD'VE TO SIGN OFF ANYWAYS.
BUT, UM, THIS IS A GREAT BENEFIT TO THE LANDOWNER BECAUSE NOW THEY CAN SEPARATELY FINANCE IT.
NOW THEY COULD, MAYBE THE FRANCHISEE HERE COULD, UM, COULD, COULD BUY IT FROM THE, FROM THE GUY.
MAYBE A THIRD PARTY WOULD COME AND BUY IT.
AND CERTAINLY IF SOMEBODY CAME IN AND BOUGHT THAT PARCEL, UM, YOU KNOW, THERE'S DEED STAMPS, TRANSFER TAX, MORTGAGE TAX, THE ASSESSMENT, YOU KNOW, THE WAY THEY, YOU KNOW, THEY LOOK AT THE NET NET OPERATING IN GUM AND THEN THEY'LL FIGURE OUT SOME WAY TO, YOU KNOW, SO I THINK THAT WOULD ACTUALLY BE A BENEFIT TO THE COMMUNITY FROM A TAX STANDPOINT.
UM, BUT SO THAT'S, UH, THAT'S GENERALLY WHAT, YOU KNOW, WE'RE TRYING TO DO.
I THINK, YOU KNOW, THE, THE, YOU HAVE THE FIVE FACTOR TEST, BUT REALLY AT THE END, THE BALANCING TEST IS, IS THERE A BENEFIT TO THE APPLICANT THAT OUTWEIGHS ANY HARM TO THE COMMUNITY? AND OUR FEELING IS THERE REALLY IS NO HARM TO THE COMMUNITY.
'CAUSE LIKE I SAID, A SHOVEL IS NOT EVEN GONNA GO ON THE GROUND IF WE DID A RECIPROCAL EASEMENT AGREEMENT OR WE WOULD HAVE PUT A PROVISION IN THERE THAT IF THERE'S GONNA BE ANY CHANGES, THEN, YOU KNOW, THE TOWN'S GOTTA SIGN OFF ON IT AND THEN THIS WOULD BE A GREAT BENEFIT TO THE OWNER OF THE PLAZA.
DO, UH, SORRY, DO BOARD MEMBERS HAVE ANY QUESTIONS? WHAT, WHAT HE'S JUST SAID? NO, BUT I THINK THAT WOULD BE IMPORTANT DEPENDING ON WHAT WE DO TO PUT IN AS A, IN ADDITION TO THE, UH, TO WHAT WE DECIDE TO DO TO PROTECT THE TOWN.
IT, AND, YOU KNOW, OF THE FIVE FACTORS, UM, ONE OF THEM IS MR. HOPKINS TALKED ON IT, YOU KNOW, IS THE, UH, VARIANCE SIGNIFICANT.
AND I THINK IF YOU JUST LOOK AT IT ON ITS FACE, IT'S LIKE, OH YEAH, HOW, HOW IS THAT NOT SIGNIFICANT? BUT, AND HE BROUGHT IT UP, BUT, AND IT IS, AND IT IS WITH THE CASE LAW SAYS, IS THERE ANY HARM? YOU KNOW, AND THERE ARE, THERE ARE CASES THAT SAY IF THERE'S REALLY NO CHANGE TO THE COMMUNITY, YOU KNOW, THERE IS, THERE IS NO HARM.
SO, AND, UH, SO THIS WOULD BE A, A GREAT BENEFIT.
YOU KNOW, THE CLIENT'S HOPING TO ALSO REDEVELOP.
THERE'S A, UH, OLD FRIENDLIES BACK THERE.
BUT, UM, YOU KNOW, THEY'VE INVESTED A LOT IN THE REGION.
UM, I THINK IT'S, IT'S GREAT FOR WESTERN NEW YORK AND THE SNOW BELT TO, UH, TO HAVE PEOPLE COMING IN AND, UH, KEEPING OUR ECONOMY GOING.
AND, UM, YOU KNOW, UH, THE LITTLE NOTES I GAVE YOU JUST GAVE THE OUTLINE OF THE FIVE FACTORS, WHICH YOU GUYS HAVE PROBABLY HEARD ABOUT THROUGH YOU'RE
[00:30:01]
BLUE IN YOUR FACE.UM, THE OTHER FACTOR, I GUESS IS, YOU KNOW, IS IT A SELF-CREATED HARDSHIP? THAT'S OFTEN ONE THAT IN AND OF ITSELF IS NOT GONNA BE DETERMINATIVE OF WHETHER OR NOT YOU GRANT THE AREA VARIANCE.
BUT THE FACT IS, THE A THE OWNER BOUGHT THIS FOUR YEARS AGO IN 2016, SO IT WASN'T LIKE HE BOUGHT IT AND THEN IT WAS LIKE, BANG, I'M GONNA COME IN AND I'M GONNA SUBDIVIDE IT.
IT'S JUST THAT RECENTLY WITH THE CHANGE IN THE ECONOMY AND THE INTEREST IN GETTING, UM, YOU KNOW, SEPARATE OUT PARCELS, IT'S, IT'S, UH, GOOD ECONOMIC INCENTIVE TO HIM TO HAVE THE PARCEL SUBDIVIDED.
SO, MR. GORN, SO THIS LOCATION IS AN INDIVIDUAL OWNER, NOT CORPORATE? UH, ACTUALLY, UH, NO, IT IS CORPORATE.
AND IT'S IS AN ASIDE, THE, THE TENANT'S OFFICIAL NAME IS TL CANNON, AND THEY WERE THE FOUNDERS OF APPLEBEE'S, AND THEY'RE FROM ROCHESTER, NEW YORK.
AND THEN WHEN THEY FIRST STARTED, THEIR FULL NAME WAS TWO LOOSE CANONS, AND THEIR BANKER TOLD 'EM THAT HE WAS HAVING A HARD TIME GETTING FINANCING, SO YOU HAVE TO CHANGE THE NAME.
SO THEY CHANGED THE NAME TO TL CANNON.
SO I'M SURE THAT'S SOMETHING EVERY DAY.
SO IN THE LAW WE CALL THAT DICK, THAT SOMETHING THAT MAKES NO REFERENCE AT ALL TO HOWEVER THE CASE IS DECIDED, BUT, UM, LET'S PUT ANYBODY AT HOME.
UM, MICHELLE PARKER HERE ON COUNCIL TO THE ZONING BOARD OF APPEALS.
I HAVE A QUESTION ABOUT, UH, WHAT IMPACT WOULD IT HAVE ON THE OWNER OF THE APPLEBEE'S PARCEL IF THEY ATTEMPT TO SELL THE PROPERTY WITHOUT ANY PARKING? UH, THERE IS, UH, A, THIS RECIPROCAL EASEMENT AGREEMENT GIVES THEM THE RIGHT TO PARK ANYWHERE ON THE PROPERTY THAT THEY WANT, AND THE APPLEBEE'S LEASE ACTUALLY GIVES THEM 80, UH, PARKING SPACES.
SO, AND I, I CAN, MICHELLE, I COULD SEND YOU A COPY OF THE LEASE IF YOU'D LIKE, BUT, UM, SO, BUT IT, THE, UH, HANDOUT, THE SHORTER HANDOUT THAT I GAVE A LITTLE SHORTER THAN THAT LONG LETTER I SENT, BUT I TOOK A PIECE OUT OF THE LEASE AND IT SAYS IN HERE, UM, YOU KNOW, THE, UH, RECEIVABLE EASEMENT LANGUAGE IN THE APPLE B'S LEASE, UH, THE LEASE INCLUDES THE RIGHT IN COMMON WITH OTHERS TO THE PARKING AREA IN THE DEVELOPMENT SHOWN ON SCHEDULE A AND DESCRIBED ON SCHEDULE B.
SO IN SCHEDULE A IS, WHICH I'VE HANDED OUT HERE, BUT IT'S, UH, I DON'T KNOW IF YOU CAN SHOW UP.
I, IT'S REALLY, IT'S NOT A, A VERY GOOD PICTURE, BUT IT'S BASICALLY, IT'S SCHEDULE A IS AGAIN, ESSENTIALLY THIS.
SO IT'S REALLY THE COMMON, THEY HAVE, THE APPLEBEE'S OWNER HAS THE RIGHT TO PARK ANYWHERE ON THE TAX PARCEL AND THEN ON THE, UH, PARCEL THAT IT INCLUDES THE POWER LINE.
BUT RIGHT NOW, THE APPLEBEE'S, UM, STRUCTURE HAS PARKING THAT'S ATTENDED TO THE BUILDING'S RIGHT NEXT TO IT.
AND PRESUMABLY THAT'S WHERE APPLEBEE'S PARK, UM, CUSTOMERS ARE PARKING.
I MEAN, THEY CAN PARK ANYWHERE IN THE PARK, BUT I MEAN, WHAT COULD WE, WOULD IT DO SOMEBODY TO HAVE THAT STRUCTURE AND THEN, YOU KNOW, THE, THE AREAS THAT ARE CURRENTLY PARKING TURNS INTO SOMETHING ELSE THROUGH LANE, UH, YOU KNOW, FOR A DRIVEWAY OR, OR SOMETHING? I, YOU KNOW WHAT THE PROMISE THIS, NONE OF THIS MAKES SENSE TO ME.
IT'S, UM, IT IS ACTUALLY RELATIVELY, IT IS, IT'S VERY COMMON IN, UH, REAL ESTATE DEVELOPMENT.
LIKE YOU LOOK AT, UH, WALDEN GALLERIA, WHERE THE MALL IS, AND MOST OF THE MALL PARCELS, THE ANCHOR DEPARTMENT STORES, ALL THEY OWN IS THE FOOTPRINT OF THEIR BUILDING.
AND SO THEN THEY HAVE RECIPROCAL EASEMENT AGREEMENTS THAT ALLOW THEM TO PARK ANYWHERE THEY WANT ON THE PROPERTY.
AND LIKE IN THE CASE WITH APPLEBEE'S, UM, THE FACT IS YOU'D HAVE TO HAVE THE RECIPROCAL EASEMENT AGREEMENT FOR THE PROPERTY TO BE MARKETABLE, OTHERWISE NOBODY WOULD WANNA BUY IT.
SO, UM, YEAH, IT'S, IT'S, UH, WE, UM,
[00:35:01]
THE PROPERTY REGAL ELMWOOD IN THE CITY OF BUFFALO, SO THAT HAS, UH, THERE'S LIKE A GORDON'S THERE'S, THERE'S A COUPLE, THERE'S FOUR OF THE CHECKERS, AND ALL THOSE ARE VERY SMALL LOTS.THE GORDON'S, UH, UH, RESTAURANT SUPPLY STORE, THAT'S JUST THE FOOTPRINT, BUT IT HAS RECIPROCAL EASEMENT AGREEMENT THAT COVERS THE WHOLE PROPERTY.
AND IN A LOT OF CASES, THESE WERE AGREEMENTS THAT THE ANDERSONS ACTUALLY SET UP, YOU KNOW, 10, 20 YEARS AGO, OR 20, 30 YEARS AGO NOW, I GUESS 1990 SEEMS LIKE IT'S NOT THAT LONG AGO, BUT IT IS.
YEAH, THEY ACTUALLY, IN THE LEASE, THEY HAVE, UH, THEY ACTUALLY HAVE THE RIGHT TO 80 PARKING SPOTS IN THE AREA.
SO, AND THE TENANTS, I MEAN, IT'S THE ORIGINAL TENANT.
SO LET'S SAY IN 15 YEARS, ONCE HOME DEPOT'S LEASE IS UP AND THEN THEY DECIDE NOT TO LEASE FOR SOME REASON, SAY INTERNET SALES BECOME A THING THEN, AND THE RECIPROCAL EASEMENT AGREEMENT GOES AWAY, THEN WHAT DOES, WHAT HAPPENS WITH YOUR BUILDING? YOU HAVE NO PARKING? WELL, UH, THE RECIPROCAL EASEMENT AGREEMENT WILL BE IN PLACE BY THE OWNER, THE APPLICANT HERE.
SO THE RECIPROCAL EASEMENT AGREEMENT WILL ALWAYS STAY.
AND IF WE PUT IN AS A CONDITION IN THE RECIPROCAL EASEMENT AGREEMENT THAT, UM, I MEAN WE DID ONE OF THESE OVER IN SYRACUSE FOR A STARBUCKS T-MOBILE, AND THERE, THE TOWN ATTORNEY, YOU KNOW, THEY WANTED IT, IF YOU CHANGE LIKE THE DRIVE AISLES, YOU KNOW, THEY HAVE TO SIGN OFF ON IT.
SO, UM, AND I THINK IN, UM, UH, AMHERST, YOU KNOW, THE, THE TOWN, ALL THE TOWN HAS IT IN THEIR CODE FOR RECIPROCAL EASEMENT AGREEMENTS.
THE TOWN ATTORNEY HAS TO APPROVE ANY CHANGES.
SO, BUT, UM, YEAH, THE RECIPROCAL EASEMENT AGREEMENT WOULD OUTLET, I MEAN, IT'D BE, IT'D BE A RECORDED DOCUMENT AND, UM, BE ON THERE FOR FOREVER UNLESS IT'S CHANGED, YOU KNOW.
AND IF THERE WAS A PROVISION IN THERE THAT IT CAN'T BE CHANGED WITHOUT THE TOWN APPROVAL, THEN UM, YEAH, THEN IT'D BE GOOD QUESTION.
ANYONE ELSE? MICHELLE, ANYTHING ELSE? NO OTHER QUESTIONS.
IF YOU HAVE ANY QUESTIONS OR IF THERE'S ANYTHING ELSE WE CAN PROVIDE, UM, THANK YOU FOR YOUR TIME.
YOU TALKED TO THE APPLICANT FOR NO NUMBER FIVE? YES, I DID.
WE'VE HAD A SITUATION COME UP WITH NUMBER FIVE, SO WE'LL END UP BEING TABLING THAT UNTIL THE BUILDING DEPARTMENT CAN GET OUT TO THE, UH, HOMEOWNER THERE.
AND, UH, THE SAME THING WITH NUMBER SIX, WITH THE SITUATION THAT'S COME UP, WE'LL ALSO END UP AS WE GOING OUT, WE'LL BE TABLING NUMBER SIX TO NEXT MONTH.
UH, I DON'T THINK ANY, NOBODY NEEDS ANY TYPE OF BREAK, DO THEY? IT'S NO SAID WE ONLY GET THREE OF THESE.
WE GO BACK TO, SO APPLICATION FIVE THREE, OR I'M SORRY, 5 8 3 6 FROM THE, UH, COMFORT INN, MOTION TO APPROVE.
SECOND MOTION TO APPROVE FROM NICOLE
SECOND BY MR. YODER ON THE CALL.
UNDER QUESTION ON THE QUESTION, THE APPLICANT CANNOT REALIZE A REASONABLE RETURN PROVIDED THAT LACK OF RETURN AS SUBSTANTIAL AS DEMONSTRATED BY T FINANCIAL EVIDENCE.
THE APPLICANT DID GIVE, UH, AN EXPLANATION AS TO YES, HE IS SIGNIFICANTLY LOSING MONEY WITH THE LACK OF HAVING A VISIBLE SIGN LOCATED THERE.
THE ALLEGED HARDSHIP RELATING TO THE PROPERTY IS UNIQUE AND DOES NOT APPLY TO A SUBSTANTIAL PORTION OF THE DISTRICT OR THE NEIGHBORHOOD.
THE REQUESTED USE VARIANCE, IF GRANTED, WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD.
AND THE ALLEGED HARDSHIP HAS NOT BEEN SELF-CREATED, IT HAS NOT.
SO I BELIEVE THE BALANCING TEST IS
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IN FAVOR OF GRANTING THE USE VARIANCE.ALL THOSE IN FAVOR OF THE VARIANCE? AYE.
ANYBODY OPPOSED? SO, CARRIE, THANK YOU.
THE HAMBURG MCKINLEY PARKWAY, LLC USE VARIANCE FOR THAT.
DO I HAVE A, UH, MOTION ON THAT? NUMBER TWO? MOTION TO APPROVE.
UH, ON THE QUESTION, NICOLE, ON THE QUESTION, THE APPLICANT CANNOT REALIZE A REASONABLE RETURN PROVIDED THAT LACK OF RETURN IS SUBSTANTIAL AS DEMONSTRATED BY COMPETENT FINANCIAL EVIDENCE.
MR. HOPKINS GAVE A EXPLANATION AS TO THE HARDSHIP THAT THE TENANT IS CURRENTLY EXPERIENCING DUE TO COVID.
UH, THE ALLEGED HARDSHIP RELATING TO THE PROPERTY IS UNIQUE AND DOES NOT APPLY TO A SUBSTANTIAL PORTION OF THE DISTRICT.
YES, THE REQUESTED USE VARIANCE OF GRANTED WILL NOT ALTER THE ESSENTIAL CHARACTER OF A NEIGHBORHOOD.
IT WILL NOT, AND THE ALLEGED HARDSHIP HAS NOT BEEN SELF-CREATED.
SO I DO BELIEVE THAT THE USE VARIANCE HAS IN FAVOR OF, I, I BELIEVE THAT THE BALANCING TEST IS IN FAVOR OF GRANTING THESE VARIANCE.
OPPOSED? SO CARRIED APPLICATION 58 46 WILL REMAIN ON THE TABLE FOR NEXT MONTH.
NO ONE WAS HERE TO, UM, GIVE US THEIR SIDE OF THAT.
NICOLE, WOULD YOU GO BACK THEN AND ALSO DO THE AREA VARIANCE FOR IT? ABSOLUTELY.
UH, THE AREA VARIANCE WITH REGARDS TO THE SIGNAGE FOR SKECHERS, UH, WHETHER AN UNDESIRABLE CHANGE WILL BE PRODUCED IN THE CHARACTER OF THE NEIGHBORHOOD OR DETRIMENT TO NEARBY PROPERTIES, THERE WILL NOT BE WHETHER THE BENEFITS SOUGHT BY THE APPLICANT CAN BE ACHIEVED BY SOME FEASIBLE METHOD OTHER THAN A VARIANCE.
IT CANNOT BE WHETHER THE REQUEST REQUESTED VARIANCE IS SUBSTANTIAL.
IT IS NOT WHETHER THE PROPOSED VARIANCE WILL HAVE AN ADVERSE EFFECT OR IMPACT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD.
AND WHETHER THE ALLEGED DIFFICULTY WITH SELF CREATED, THAT COULD GO EITHER WAY, BUT I BELIEVE THE BALANCING AND TEST IS IN FAVOR OF GRANTING THE AREA VARIANCE.
UH, ALL THOSE IN FAVOR OF THE MOTION? AYE.
SO CARRIE, UH, LIKE I SAID, NUMBER THREE WILL BE TABLED UNTIL NEXT MONTH.
UH, NUMBER FOUR, THE EMPIRE MCKINLEY GROUP, UH, APPLICATION NUMBER 5 8 4 8 FOR THE FIVE AREA VARIANCES FOR THE EXISTING APPLEBEE'S RESTAURANT.
UH, DO I HAVE A MOTION FOR ANYBODY? DO YOU WANT TO, ANY OTHER DISCUSSION NEEDED ON IT? I WAS JUST GONNA DISCUSS, EXCUSE ME, THAT, UH, NOTHING'S REALLY CHANGING AS LONG AS WE PUT IN THE, UH, REA IS STIPULATED BY THE COUNCIL, UH, THAT WOULD PROTECT US AS THE TOWN AND THEY WOULDN'T BE ABLE TO DO ANYTHING, UH, WITHOUT OUR PERMISSION.
ANYTHING, MICHELLE, YOU WANT TO ADD, OR, I'M AFRAID I COULDN'T HEAR THAT I WAS BREAKING UP AS YOU WERE SPEAKING.
IS IT POSSIBLE THAT THAT COULD BE REPEATED? GO AHEAD.
THERE'S NOTHING, NOTHING'S REALLY GONNA CHANGE.
UH, I THINK AS LONG AS WE STIPULATE, AS COUNSEL HAD HAD SAID THAT THE, UH, REA, THEN WE SHOULDN'T HAVE AN ISSUE WITH ANYTHING MOVING FORWARD.
THEY'D HAVE TO COME BEFORE THE BOARD AGAIN TO MAKE CHANGES.
SO I'M JUST THINKING THAT WAS WHAT THE WAY WE SHOULD GO ON IT.
HOW WOULD THAT BE DONE? UM, WOULD THEY HAVE TO AMEND THIS APPLICATION TO INCLUDE THAT, THAT LANGUAGE OR
I THINK MICHELLE, WE COULD PUT IT IN THE, UH, IN THE MOTION, UH, AS A CONDITION.
ACTUALLY, RICK, I WANNA MAKE A MOTION TO DENY.
YOU WANNA MAKE A MOTION TO DENY? OKAY.
THERE'S A MOTION ON THE FLOOR TO DENY.
ALL THOSE IN FAVOR? DENYING THE MOTION? AYE.
WHERE'S IS JEFF? HERE, IS JEFF ON THERE? HE WAS.
ISN'T THAT HIM? RIGHT NEXT TO MICHELLE.
[00:45:02]
OKAY.I, UH, APPLICATION NUMBER 5 8 4 9.
UH, ALSO, UM, UH, WILL BE TABLED UNTIL NEXT MONTH, AS WELL AS APPLICATION 5 8, 5 OH.
WE'LL ALSO HAVE TO BE TABLED UNTIL NEXT MONTH.
SO WE HAVE THREE TABLED, UH, MOTIONS FOR THE MARCH MEET.
UM, WE HAVE A COUPLE ORDERS OF BUSINESS.
I NEED A MOTION TO ACCEPT THE MINUTES FROM THE LAST MEETING.
MOTION TO APPROVE THE MINUTES.
MOTION TO APPROVE THE MINUTES BY NICOLE.
OPPOSED? AND THE NEXT MEETING WILL BE IN EXACTLY A MONTH.
UH, IF THERE'S NOTHING ELSE, UM, MOTION TO ADJOURN.