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ALL[00:20:57]
RIGHT.[00:20:57]
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WE ONLY HAVE ONE ITEM ON OUR WORK SESSION TODAY THAT IS MO REQUESTING PLANNING BOARD CONSIDERATION OF A SITE PLAN WAIVER FOR A NEW GARAGE TO BE CONSTRUCTED AT 3, 3 8, 3 BIG THREE ROW.SO IS THE, YOU WANT JUST YEAH.
UH, I'M JUST LOOKING TO ERECT THE GARAGE ON MY PROPERTY PRETTY MUCH.
'CAUSE I HAVE A CHIROPRACTIC BUSINESS IN THE FRONT.
AND THEN I HAVE A, UH, DETAIL SHOP THAT RUN DOWN IN THE BACK.
AND THE GARAGE IS SIMPLY GONNA BE USED TO PUT MY PLOW TRUCK INTO AS WELL AS MY PERSONAL VEHICLE WHEN I'M OPERATING MY BUSINESS.
SO IT FREES UP ADDITIONAL PARKING SPOTS FOR BOTH MY BUSINESS AND THE REAR BUSINESS.
SO DO YOU HAVE A PICTURE OF WHAT THE GARAGE WOULD LOOK LIKE? YEAH.
IT'S UP AROUND TO GARAGE DOOR STRUCTURE EIGHT DO WANT, BUT HE'S GOT IT ON.
I HAVE IT ON MY PHONE IF ANYONE WANTS TO SEE IT.
WHERE ARE YOU PLANNING TO CONSTRUCT? I'M LOOKING AT THE TOPICAL VIEW.
OH, JUST ADJACENT TO THE RARE BUILDING, WHICH I'M NOT SURE ON YOUR, IF YOUR GOOGLE MAPS WOULD BE BLUE OR GRAY.
WHAT COLOR IS THE BUILDING? OKAY.
IS THAT THE SAME COLOR AS THE BUILDING NEXT TO IT? NO, THIS IS AN EXAMPLE.
IT WILL BE THE EXACT GRAY AS I'M KIND OF A**L RETENTIVE ABOUT MATCHING.
SO IT'LL BE THE SAME COLOR AS THE BUILDING.
IT'S A, IT'S A, ALRIGHT, I'M ACTUALLY EXACT.
IT'S A, UH, I CAN'T REMEMBER THE PAINT COMPANY, BUT I KNOW THE GRAY.
AND THEN WHAT ARE THE, OH, SORRY.
SARAH, WHAT ARE THE SETBACKS? UM, FROM THE GARAGE, FROM THE PROPERTY LINE AND FROM THE ADJACENT STRUCTURE.
THE CON, THE EXISTING STRUCTURE IS FIVE FEET.
NOW, JUST TO CON, TO CONFORM WITH ITS PROPERTY LINE, I COULD DO FIVE FEET OR I COULD DO MORE.
I COULD GO 15, 20, I COULD GO WHATEVER.
BUT JUST TO KEEP THE REAR BUILDINGS AT THE SAME, YOU KNOW, DISTANCE FROM THE, FROM THE FENCE.
I WAS GONNA DO JUST FIVE FEET.
'CAUSE THE EXISTING STRUCTURE IS FIVE FEET.
BUT IF NEED BE, I COULD DO 10, 15, 20, WHATEVER.
THE EXISTING STRUCTURE, I BELIEVE IS WHAT, 30 IN DEPTH.
SO WE HAVE SIX FEET, PLENTY, PLENTY OF ROOM.
AND ON THAT PIECE OF PROPERTY, YOU'RE RUNNING BOTH A CHIROPRACTIC BUSINESS AND A DETAILING.
MY TENANT, I RENT, I HAVE A TENANT WHO RUNS FROM ME.
THE ACCOUNT CODE IS, UH, IT HAS TO BE THREE FEET FROM THE REAR PROPERTY LINE AND FIVE FEET FROM THE SIDE.
I WAS PLANNING ON DOING 10 FEET FROM THE EXISTING SIDE AND THEN FIVE FEET.
BUT IF WE NEED TO DO MORE THAN FIVE FEET, WE CAN DO MORE THAN FIVE.
IS THERE ANY CODE, UM, DICTATING THE NUMBER OF STRUCTURES HE CAN HAVE ON THE PROPERTY OR HOW FAR THE STRUCTURES HAVE TO TAKE FROM ONE ANOTHER? NOT FROM CONTROL AND, RIGHT.
THAT'S, THAT'S THE BUILDING DEPARTMENT.
REMEMBER, YOU'RE, YOU'RE LOOKING AT THIS, WHETHER YOU'RE GONNA RECOMMEND A SITE PLAN WAIVER, UM, UH, ROGER SENT IT TO YOU JUST FOR SOME INPUT.
IF YOU DECIDE YOU NEED FULL SITE PLAN APPROVAL, YOU'RE GONNA HAVE TO SCHEDULE A PUBLIC HEARING AND DO THAT.
OR YOU CAN RECOMMEND A SITE PLAN WAIVER WITH CONDITIONS.
I THINK ONE OF THE CONDITIONS YOU WANTED WAS YOU WANTED TO SEE WHAT THE LOOKS LIKE.
SO YOU SPOKE TO ROGER TODAY, RIGHT? YEAH.
ROGER WOULD LIKE TO ISSUE A SITELINE WAIVER WOULD BE HIS CHOICE.
SO, AND ARE THE NEIGHBORS AWARE OF IT? BECAUSE IT LOOKS LIKE THE GARAGE WILL BE IN CLOSE PROXIMITY TO THE REAR NEIGHBORS.
THAT'S NO, I HAVE NOT, I HAVE NOT INFORMED THEM.
I CAN'T INFORM 'EM IF NEED BE.
IS THE GARAGE IS JUST GONNA BE USED JUST TO STORE THE VEHICLE? PRETTY MUCH.
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IS WHETHER OR NOT TO DO A WAIVER OR ASK FOR A FULL SITE PLAN.UH, WHEN WE DO A WAIVER, THEY HAVE TO MEET ALL CODES, NO VARIANCES.
AND THIS DOES, SO I MEAN, THAT'S THE QUESTION.
IF WE, IF WE DID A WAIVER, THE ONLY CONDITION I WOULD THINK TO ASK FOR, I DON'T KNOW IF ANYBODY HAVE ANY OTHER ONES, IS, UM, MEAN YOU SAID YOU DO IT ALREADY, BUT THE NEW BUILDING WOULD BE THE SAME COLOR AS THAT YEAH.
I, THAT WOULD PROBABLY DRIVE ME CRAZY.
'CAUSE MY OCD IF IT WASN'T
WE GIVE A SITE PLAN WAIVER, SECOND CONDITION ON THE COLOR WITH A CONDITION THAT THE COLOR IS SAME.
THE BUILDING ADJUSTMENT BUILDING.
SO MOTION BY MR. CHAPMAN, SECOND BY MR. MAHONEY.
SO JUST UNDERSTAND THAT FOUR PEOPLE HAVE TO SIGN THAT SECOND PLAN WAIVER.
ROGER IS GONNA ENSURE THAT LIKE WITH ANY ACCESS, USUALLY DON'T SEE ACCESSORY STRUCTURES, HE'S GONNA ENSURE THAT IT MEETS ALL ZONING REQUIREMENTS, ALL BUILDING CODE REQUIREMENTS, ALL THOSE THINGS.
SO IT'S NOT LIKE HE'S STILL GONNA DO THAT.
AND THE FOUR PEOPLE BILL'S GONNA MAKE SURE, MAKE SURE THAT BEFORE HE SIGNS IT, THAT ALL THE THINGS THAT YOUR CONCERNS WERE ADDRESSED.
APPRECIATE, HAVE A GREAT EVENING.
I HAVE SOME OTHER BUSINESS IF YOU WANT TO DO IT NOW.
THIS IS ANOTHER ONE THAT ROGER GAVE ME YESTERDAY.
UM, HE WOULD LIKE TO ISSUE A SITE PLAN FOR, ACTUALLY, HE, HE DOESN'T EVEN THINK IT NEEDS TO COME TO YOU, BUT THIS IS A BUILDING ON SOUTH PARK AVENUE.
I DUNNO IF Y'ALL RECOGNIZE IT.
IF YOU, UM, IN BLAZEDALE, AND UP UNTIL EIGHT OR NINE MONTHS AGO, IT WAS USED AS A RETAIL SHOP OF SOME KIND.
AND THIS GUY WANTS TO PUT IN A SMOKE SHOP WHERE YOU, HE SELLS CIGARETTES AND CIGARS AND ROGER WOULDN'T EVEN HAVE ASKED YOU ABOUT A WAVE OR WOULD'VE JUST GIVEN HIM A PERMIT.
AND THE, WHO IS JANET PLA, THE MAYOR, THE JANET PLAS, LIKE THE ADMINISTRATOR, ADMINISTRATOR, ADMINISTRATOR.
SHE WANTED, SHE WANTED THE PLANNING BOARD TO JUST SAY THAT THEY HAD REVIEWED IT.
SO ROGER SAID, IF YOU WOULD JUST, IF YOU'RE OKAY WITH IT, SAY THAT A A SITE PLAN WAIVER IS APPROPRIATE.
HE'S NOT CHANGING ANYTHING AT ALL.
HE'S JUST MOVING IN HIS BUSINESS.
I I SO ISN'T THAT A SO DOES THAT'S NOT A SITE PLAN.
IF HE'S NOT CHANGING ANYTHING, WHY DOES HE NEED A SITE PLAN WAIVER? HE WOULDN'T, BUT HE, BUT IT'S IN BLAZEDALE AND BLAZEDALE WANTS, BLAZEDALE WANTS US TO SAY WE LOOKED AT EDIT IT, RIGHT? ROGER WOULD NEVER SENT THIS.
REMEMBER THE LAST, THE FIRST PROJECT THAT CAME FROM VILLAGE OF BLAZEDALE.
AND I RECOMMEND THIS BOARD AUTHORIZE A MEMO, GO TO THE VILLAGE AND ASK THEM HOW WE DO THIS.
THE VILLAGE CODE SAYS IT'S JUST REFERRED TO THE PLANNING BOARD FOR A RECOMMENDATION.
WE HAVE NO DIRECTION OTHER THAN THAT REVIEW THAT JUST FOR REVIEW.
WHAT ARE WE, WHAT'S THAT FOR? A COMMENT FOR REVIEW AND COMMENT.
SO THE VILLAGE HAS DUMPED THIS OR NOT DUMPED THIS.
THEY ASKED THE THE TOWN TO TAKE OVER THIS FOR THEM.
BUT WE HAVE LITTLE TO NO DIRECTION ON HOW TO REVIEW THIS AND WHAT OUR JOB IS.
ARE WE TECHNICALLY GIVING AN APPROVAL? ARE WE JUST REVIEWING IT AND GIVING COMMENT? IT'S NOT CLEAR IN THE CODE AT ALL.
WELL, THE PLANNING, WHAT WE'RE SUPPOSED TO BE DOING, THE BLA NEVER DID IT APPROVE ANYTHING BLA OUT PLANNING BOARD, ALL THEY DID WAS REVIEW.
SO I I DON'T WHAT'S THE ADDRESS FOR THIS? I CORRECT.
SO I WOULD STRONGLY RECOMMEND THAT BECAUSE I 36 11 SOUTH PARKS, CIGARS AND TOBACCO.
SO, I MEAN, MY ONLY, I MEAN, I GUESS MY QUESTION IS, IS WHEN YOU TALK ABOUT LIKE COMMUNITY CHARACTER OR WHATEVER, IS IT LIKE NEXT TO A SCHOOL? IS THERE LIKE THAT IT'S DOWN THE STREET FROM BLA ELEMENTARY SCHOOL? UM, DEPENDS ON WHAT SIDE OF THE BRIDGE IT'S ON.
I MEAN, I'M MORE WORRIED ABOUT A MIDDLE OR HIGH SCHOOL THAN THAT.
KNOW WHAT'S THE, WHAT WAS THE ADDRESS AGAIN? 36.
AND IT'S THE SOUTH PARK, RIGHT? MM-HMM
WHAT, WHAT'S THAT SIZE STREET? DO YOU KNOW? THAT'S WHAT WE CAN FIND.
UH, GIMME A SECOND AND I'LL TELL YOU.
IT'S THE ONE BETWEEN PEARL IN THERE.
I HIT TOO MANY BUTTONS AND NOW I'M ZOOMED IN.
I CAN TELL YOU WHAT THE ASPHALT LOOKS LIKE ON PEARL AVENUE.
IS THIS GONNA BE A LIKE, LIKE THE BUFFALO CIGAR CENTER WHERE YOU, THEY GO IN AND THEY SMOKE ON THE PREMISES? UM, IT JUST SAYS, UM, FRONTIER DRIVE IS THE FRONTIER DRIVE.
HE'S, I'M SELLING CIGARS AND TOBACCO.
YEAH, IT'S ACROSS THE STREET FROM, UH, THERE'S A LOT OF DIFFERENT YARD EQUIP.
YOU WOULDN'T EVEN SEE THIS AT ALL FOR ANYTHING, BUT OH, THANK YOU.
IT'S RIGHT WHERE SOUTH PARK STARTS TO LIGHTEN.
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I MEAN, IT'S NOT SOMETHING THAT REQUIRES LIKE A SPECIAL PERMIT UNDER ANY OF THE CODE, RIGHT? NO.OTHERWISE HE WOULD'VE SENT IT.
TECHNICALLY IF IT WAS IN THE TOWN, IT WOULDN'T EVEN BE HERE.
AND ROGER WOULDN'T SEND IT TO US.
AND ROGER LIKES TO SEND US THINGS, BUT HE'S NOT SURE.
SO IT'S HARD FOR YOU EVEN TO COMMENT BECAUSE THEY REALLY DON'T SUBMIT SITE PLANS.
I MEAN, IF IT'S NOT THE TYPE OF AN ESTABLISHMENT WHERE PEOPLE ARE GO, YOU KNOW, LIKE A, A HOOKAH LOUNGE, LIKE IT'S NOT ONE OF THOSE, THERE'S ADEQUATE PARKING.
IF IT WAS THAT SORT OF A THING, THERE'S NOT MUCH PARKING.
BUT IF IT'S PEOPLE ARE JUST GOING IN TO BUY AND LEAVE, WELL, LIKE I SAID, ROGER WOULD NOT BE SENDING THIS TO YOU AT ALL IF IT WASN'T BELIEVE.
SO OUR MOTION WOULD JUST BE THAT WE REVIEWED IT.
CAN WE EVEN YOU TECHNICALLY YOU'RE OKAY WITH A SITE PLAN WAIVER.
TECHNICALLY WE DON'T HAVE TO MAKE A MOTION.
I WAS GONNA SAY IT'S OKAY IF YOU DO, BUT YOU TECHNICALLY DON'T HAVE TO.
IT'S NOT ACTUALLY ON THE AGENDA.
SO WE CAN'T FORMALLY DECIDE ANYTHING.
NOW YOU CAN SAY IT DOESN'T HAVE TO COME TO THE PLANNING BOARD ON AS AN AGENDA, RIGHT? YEAH, YOU CAN DECIDE THAT WITHOUT A MOTION.
AND LIKE I SAID, I WOULD RECOMMEND IF WE'RE GONNA DO THIS FOR THE VILLAGE ABLAZE, THEN WE HAVE SOME SET OF CRITERIA FOR HOW WE DO IT.
ALL THOSE THINGS AND WHATEVER THE CODE IS VERY UNCLEAR.
IT DOESN'T EVEN GIVE THE PLANNING FOR POWER OF APPROVAL.
SO WHAT ARE WE DOING? IF WE COULD PROBABLY GET A HEADS UP TOO, SO WE CAN DO QUICK DRIVE BY AT LEAST, OR PSYCH VISITS THAT WE KNOW KIND OF WE FOUR O'CLOCK THAT THEY WANTED ME TO YEAH, I MEAN OTHERS, OTHER STUFF WE PUT ON THE AGENDA.
SO WE'VE BEEN ABLE TO GO THROUGH IT.
THIS IS JUST, IT'S HARD TO OFFER IT INSIGHT, CONVERSATION AND COMMENT WITHOUT MUCH DETAIL.
WELL, SHOULD WE HAVE BILL GET A HOLD OF JANET CLARA AND, AND WORK SOMETHING OUT SO THAT WE HAVE SOME DIRECTION? WELL, NO, WE'RE GONNA HAVE TO DO IT MORE FORMALLY THAN THAT BECAUSE I'VE TALKED TO HER AND OTHER PEOPLE IN BLAZEDALE AND THERE'S NOT REALLY MUCH DIRECTION THAT THEY HAVE THAT THEY GIVE US.
SO IF, I MEAN, WHAT WE'D WANT IS SOMETHING WE'RE BUILDING A NEW BUILDING, IT'D BE EASIER.
WE WOULD BE DOING ALL THOSE THINGS FOR SURE.
THE OCCUPATION OF THE BUILDING, I MEAN, YEAH, IN THE PAST I'VE SAID, YOU KNOW, WHAT DO YOU GUYS WANT US TO DO? WE'LL JUST DO A GOOD JOB.
SO IF I RECALL, THAT USED TO BE A HAIR SALON.
THE ENGINEERING SECRETARY SAID SHE WENT THERE WHEN SHE WAS A KID.
SO, OKAY, WELL I GUESS IT GOES BACK TO ROGER WITH, UM, WITH WE REVIEWED IT, WE REVIEWED IT, WE LOOKED AT, WE LOOKED AT THE PICTURES,
RIGHT? IT USED TO BE A BEAUTY SPOT.
SO CHAIRMAN, IF WE'RE STAY ON THIS ISSUE, I, I'D LIKE TO, UH, TELL THE BOARD, I'VE BEEN TALKING TO ROGER AND WE'VE BEEN TALKING ABOUT IT.
WE'LL INVOLVE WHOEVER WANTS TO BE INVOLVED IN THE PLANNING BOARD.
BUT WE WANT TO PUT LIKE A, NOW LAW, THE LAW EXISTS.
WE WANT TO PUT A POLICY STATEMENT TOGETHER ABOUT, THERE'S SO MUCH CONFUSION ABOUT WHAT REQUIRES SITE PLAN, WHAT REQUIRES SITE PLAN WAIVERS.
HOW, HOW IT, IT'S, FOR EXAMPLE, I RECEIVED A CALL FROM SOMEONE OUT SAYING, HOW COME GABE'S DID NOT COME BEFORE, BEFORE THE PLANNING BOARD? NOT FOR MANY OF YOU FROM SOMEONE OUTSIDE, OUTSIDE OF THIS.
AND I SAID, WELL, AND ROGER SAYS, BECAUSE, AND AGAIN, HE IS CORRECT, THE LAW SAYS SITE PLAN REQUIRE A SITE PLAN IF YOU HAVE A CHANGE IN USE.
IF THEY'RE NOT DOING ANYTHING OUTSIDE THE BUILDING, THEY BASICALLY ISSUE THE BUILDING PERMIT.
SO SHOULD WE HAVE A POLICY, IF THEY CHANGE USE, WHICH IS USE CATEGORY OR USE OCCUPANCY, FOR EXAMPLE, IF THEY PUT A RESTAURANT IN THERE THAT WOULD NOT BE THE SAME USE OCCUPANCY, THAT WOULD REQUIRE SITE PLAN APPROVAL.
BUT THEN OUR LAW GOES FURTHER AND SAYS, IF YOU DON'T HAVE AN ADDITION OVER 3,500 SQUARE FEET AND THERE'S THIS AND THERE'S NO VARIANCES REQUIRED, YOU COULD ISSUE A SITE PLAN WAIVER.
AND THEN WE WANNA PUT A POLICY IN THERE THAT THE ANYBODY ON THE SITE PLAN, WAIVER COMMITTEE, INCLUDING ROGER, CAN SEND IT TO THE PLANNING BOARD IF THEY'RE UNCOMFORTABLE WITH SIGNING A SITE PLAN WAIVER.
SO I JUST WANT, I'M GONNA PUT THAT POLICY TOGETHER SO WE DON'T GET THESE QUESTIONS ABOUT WHAT COMES AND WHAT DOESN'T COME AND HOW SITE PLAN.
AND PLEASE, YOU GUYS SHOULD REVIEW IT BECAUSE IT IMPACTS WHAT YOU DO AND YOU GET QUESTIONS FROM IT.
SO WE'RE GONNA PUT IT, IF JEN WANTS TO HELP, JENNIFER WANTS OUT, WE'RE GONNA PUT THIS POLICY TOGETHER SO THEY UNDERSTAND WHAT THE LAW SAYS AND WHY THINGS COME OR NOT COME, WHY THEY'RE GRANTED SITE PLAN WAIVER, WHY THEY MAY APPEAR BEFORE HERE, EVEN THOUGH THEY MAY REQUIRE SITE PLAN WAIVER.
SO ANYBODY, ROGER'S BEEN THE ONE, ANYBODY ON THAT FOUR PERSON COMMITTEE CAN SAY, I'M UNCOMFORTABLE WITH THIS.
I WOULD LIKE SOME INPUT FROM THE PLANNING BOARD.
THE INFO FOR THE PLANNING BOARD COULD BE, I WANT A FULL SITE PLAN APPROVAL.
OR THE INPUT COULD BE, HERE'S OUR RECOMMENDATIONS.
SO I WANNA PUT THAT IN WRITING BECAUSE AGAIN, WE'RE SUPPOSED TO HAVE CLEAR, WE DON'T WANT PEOPLE QUESTIONING, WELL WHY, WHY
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DIDN'T WE DO IT FOR THIS AND WHY DIDN'T WE DO IT THIS WAY? HAVE KIND OF A POLICY STATEMENT THAT EXPLAINS THE LAW AND, AND THE PROCESS WE GO THROUGH OF WHY STUFF COMES HERE OR NOT COMES HERE FOR SITE APPROVAL.YOU ALL AGREE WITH THAT? YEAH.
AGAIN, THERE'S SO MANY QUESTIONS ON WANT, MAKE SURE IT'S CLEAR TO EVERYONE, YOU GUYS, THE BUILDING INSPECTION AND ANYBODY WHO DEALS WITH THOSE AND THE GENERAL PUBLIC WE COULD HAND TO THE POLICY STATEMENT COULD GO ON THE WEBSITE.
WHY, WHY DO I HAVE TO DO THIS WHEN THIS PERSON DIDN'T DO THAT? THAT WAS ONE THE QUESTION.
WELL, GABE WENT IN THERE, HOW COME, HOW COME THEY DIDN'T HAVE TO COME BEFORE THE PLANNING BOARD? I'M BEFORE THE PLANNING BOARD OR SOMETHING.
SO THAT IS THE, THAT IS THE, THAT IS, WE'LL PUT THAT IN A POLICY STATEMENT.
I'M HAPPY TO HELP IN ANY WAY I CAN ON THAT.
WHAT'S THAT? I SAID I'M HAPPY TO HELP.
IF YOU WANNA
I'M REFERRING TO THE LAW OR REFER TO THE SECTIONS OF THE LAW AND WHY WE DO REMEMBER SITE PLAN APPROVALS REQUIRED FOR A BUILDING OR A CHANGE IN USE ON SITE, THE BUILDING ASPECT SITE.
AND THEN THERE'S THE NEXT STEP OF SITE PINE WAIVER AND WHETHER THAT REQUIRES, SO I THINK ONE OF THE OTHER THINGS THAT WOULD HELP WITH THE PUBLIC IN COMMUNICATING THAT STUFF IS SOME SORT OF LIKE DIAGRAM OR FLOW CHART OF WHAT THE PROCESS IS THAT WE CAN REFER PEOPLE TO ON THE WEBSITE.
AND THIS IS PROBABLY SOMETHING AT SOME POINT, LIKE APPLICATION RECEIVED.
I HAD ONE SOMEWHERE BECAUSE I DID IT YEARS AGO WHEN I FIRST STARTED WORKING FOR THIS.
NOW, WELL WE'VE, YEAH, WE, WE'VE, WE'VE GOT A FEW OF 'EM STARTED BUT NEVER, NEVER PUBLISHED.
SO, BUT SOME SORT OF A D BRAND.
WE, I THINK IN HAND WITH WHAT YOU'RE PROPOSING, I THINK THOSE TWO THINGS WOULD HELP CLARIFY QUESTIONS.
IF WE COULD DO THOSE TWO THINGS.
IF, IF PEOPLE ARE ON BOARD WITH THAT, I THINK THOSE ARE THE TWO THINGS.
IT'S LIKE, HERE'S WHAT THE PROCESS IS.
THEY COME HERE, HERE'S THE, YOU KNOW, THE WORK SESSION, HERE'S THE REGULAR MEETING, HERE'S WHAT THEY HAVE TO PROVIDE.
AND I HAVE TO HAVE THESE THINGS.
I DO THIS WORK FOR 20 DIFFERENT MUNICIPALITIES.
I, THERE'S NO WAY I GET CONFUSED UNLESS I HAVE SOMETHING IN FRONT OF ME THAT SAYS THIS IS WHAT THE TOWN'S POLICIES AND PROCEDURES ARE.
WELL AND I THINK IT WOULD PROBABLY HELP GUIDE OUR DISCUSSION TOO, BECAUSE THEN WE WOULD KNOW EXACTLY WHAT THE NEXT THING VERSUS GETTING TOO FAR AHEAD OF OURSELVES.
SO THE ONE THING I'M IS THE POLICY AND YOU WANT, WE'LL DO FIRST ONE, WE'LL DO SITE PLAN.
OBVIOUSLY YOU CAN DO ONE FOR SUBDIVISION, YOU CAN DO ONE FOR SPECIAL USE PERMIT.
BUT WE'LL START WITH FIRST OF ALL, THE POLICY ABOUT SITE PLAN APPROVALS AND SITE PLAN WAIVERS AND WHAT REQUIRES, AND THEN WE'LL PUT A PROCESS CHART TO GATHER FOR, FOR, AND I'M SAYING THIS LAST, IS SARAH'S GONNA HELP YOU WITH THAT
IT WOULD PROBABLY HELP TWO FOR ANYBODY WHO'S CONTEMPLATING DEVELOPMENT WITHIN THE TOWN OR IT'S CONTEMPLATING OPENING A NEW BUSINESS AND IT'S PERHAPS NOT AS WELL VERSED INTO THE STEPS THAT IT'S GOING TO TAKE TO CONSTRUCT A NEW STRUCTURE, OPEN A BUSINESS AND FOLLOW ALL THOSE STEPS.
'CAUSE YEAH, IT DOES END UP BEING HARDER THAN SOME PEOPLE THINK, RIGHT? I MEAN THAT, THAT SITELINE PROCESS BECOMES COMPLICATED TOO BECAUSE THEN THERE'S LIKE THIS STEP OF WHEN DOES IT GET REFERRED SARAH, SARAH THIS SARAH KNOWS THAT, YOU KNOW, WHAT GOES TO THE COUNTY, WHAT GETS REFERRED TO THE COUNTY? SARAH USED TO GET ALL THOSE AT THE COUNTY.
UH, WHAT HAS TO BE REFERRED TO THE COUNTY, YOU KNOW, WHY DO WE DO THINGS A CERTAIN WAY? SO THERE'S PROCESSES AND WE DEFINITELY DECISION MINIMIZE SOME OF THE FRUSTRATION I'M SURE APPLICANTS FEEL WHEN THEY, THEY'RE NOT REALLY SURE WHICH PATH IT'S GOING ON.
ESPECIALLY BECAUSE A LOT OF DEVELOPERS WORKING OR, OR EITHER THEY'RE NOT A DEVELOPER, THEY DON'T UNDERSTAND THE PROCESS OR THEY'RE A DEVELOPER THAT WORKS IN DOZENS OF COMMUN.
WELL THAT'S NOT HOW AMHERST THOUGH.
THAT'S NOT, I'M LIKE, BECAUSE THEY'RE ALL DIFFERENT GUYS.
THEY'RE ALL COMPLETELY DIFFERENT.
YOU HAVE THE STATE ENABLING LEGISLATION THAT YOU HAVE TO FOLLOW.
YOU CAN'T DO ANYTHING THAT'S LESS RESTRICTIVE THAN THE STATE MENTATION.
FOR EXAMPLE, WHY DO WE HOLD PUBLIC HEARINGS ON SUBDIVISIONS? IT'S REQUIRED IN THE STATE ENABLEMENT LEGISLATION.
SO WHY DO WE HOLD PUBLIC HEARINGS ON SITE PLANS? BECAUSE YOUR LAW REQUIRES THAT THE STATE ENABLEMENT LEGISLATION DOES NOT REQUIRE PUBLIC HEARINGS ON SITE PLANS.
BUT WE PUT IT IN OUR LAW YEARS AGO THERE CHANGED.
UM, THE TOWN IS GOING TO PURSUE A FARMLAND PROTECTION GRANT.
THE STATE OF NEW YORK HAS MONIES AVAILABLE TO DO, UH, AGRICULTURAL FARMLAND, UH, PROTECTION PLAN.
THE COUNTY SARAH WORKED ON, SHE REPRESENTED, SHE DID A LOT OF THOSE.
UH, THE COUNTY HAS ONE, BUT EACH MISS VALLEY CAN ADOPT THEIR OWN.
COUNTY, COUNTY, UH, PLANS ARE MORE GENERAL IN NATURE AND POLICY IN DIRECTION.
I'VE DONE GENESEE COUNTY AND OTHER COUNTIES TOO.
UM, SO YOU WANNA DO A LOCAL ONE.
SO THE FUNDING APPLICATION, THERE'S NO, THERE'S NO DEADLINE.
LIKE ALL THE CFES WERE DUE LAST FRIDAY.
ALL BUT FOR THESE GRANTS, YOU CAN APPLY ANYTIME.
THE PROBLEM IS RIGHT NOW THEY DON'T HAVE MON SO THEY'RE WAITING FOR THEIR RE ALLOTMENT.
SO THE TOWN IS NOVEMBER, RIGHT? SO THE TOWN
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IS GOING TO PREPARE, FIRST OF ALL, IT SHOULD BE IN THEIR BUDGET.YOU DO HAVE TO GET THESE GRANTS.
SO IF THE COST OF YOUR PROJECT IS $30,000, YOU CAN GET 25 OR WHATEVER.
THE 75% OF THAT IS GONNA DO THE MATH IN MY HEAD.
AND THEN THE REST OF IT HAS TO BE FUNDED BY THE TOWN.
THE FUNDING CAN BE CASH OR IT CAN BE IN KIND SERVICES.
BUT WHAT I'M HERE TO TELL YOU IS THE STATE HAVING DONE DOZENS OF THESE, AND I'M SURE SARAH SAY THAT STATE LIKES TO SEE SOME SKIN IN THE GAME.
SO THEY'RE GONNA ASK FOR SOME AMOUNT OF MONEY, WHETHER IT'S $3,000 OR 4,000.
SO BETH IS GONNA TRY TO GET THAT IN THE BUDGET.
WE ALSO THEN NEED THE SUPPORT LETTER AND AUTHORIZATION.
AND THEN MARK MALKI WITH OUR HELP WILL DO THE GRANT APPLICATION.
AND HOPEFULLY THEN THE TOWN WILL HAVE A GRANT EARLY NEXT YEAR TO BEGIN.
IT'S ALREADY IN THE COMP PLAN AS BEING A RECOMMENDATION.
BUT OBVIOUSLY YOU CAN TAKE RECOMMENDATIONS AS EARLY AS POSSIBLE AND DO AN AGRICULTURAL PROTECTION PLAN.
UM, THE AGRICULTURAL PROTECTION PLAN WILL RANK PROPERTIES.
WE'LL HELP IN ONE OF THE CRITERIA OF DOING ANY LOCAL ONE IS YOU HAVE TO DETERMINE WHICH PROPERTIES MAY BE ELIGIBLE FOR PURCHASE OF DEVELOPMENT RIGHTS.
IN OTHER WORDS, YOU TARGET THOSE ONES THAT ARE THE HIGHEST VALUE AND WHATEVER.
AND SAY THESE ARE, BECAUSE ONE OF THE IMPLEMENTATION THAT THE STATE REALLY PUSHES IS THE TRUE WAY TO PROTECT AGRICULTURAL LAND IS THE PURCHASE DEVELOPMENT RIGHTS.
SO THEY HAVE A LARGE FUNDING SOURCE KIND OF AM VERSUS GOTHAM AND OR WHATEVER TO HAVE PURCHASE DEVELOPMENT RIGHTS.
SO THAT'S ONE OF THE MAJOR COMPONENTS IS WE HAVE IDENTIFY THOSE PROPERTIES THAT WOULD, WOULD BE SUITABLE FOR PURCHASE DEVELOPMENT RIGHTS.
THEN THERE'S A WHOLE BUNCH OF OTHER TOOLS.
I MEAN, I ALWAYS TELL PEOPLE THAT'S NOT THE ONLY TOOL AND SARAH KNOWS THAT TOO.
THERE'S JUST, SO WHERE DOES THE MONEY COME FROM FOR PURCHASING DEVELOPMENT THAT COMES FROM THE STATE OF NEW YORK ALSO WITH A SMALL, YOU DO HAVE TO, I THINK IT'S 90%.
I THINK THAT'S TO COME FROM THE LOCAL COMMUNITY.
SO IT'S NOT, THERE'S NO IN KIND IN THAT AND THERE'S NO IN KIND IN THAT, THAT WOULD BE CASH OUTTA YOUR POCKET.
BUT, AND UNDERSTAND IT'S USUALLY NOT A BIG NUMBER.
REMEMBER VERSUS DEVELOPMENT RIGHTS IS IF A, IF A FARMLAND IS VALUED AT $5,000 AN ACRE, LET'S SAY, AND A DEVELOPER WOULD PAY $10,000 AN ACRE FOR IT, YOU PAY THE DIFFERENCE TO GET THE FARMER TO SAY PUT A DEED RESTRICTION ON THE PROPERTY THAT IT ONLY CAN BE USED FOR FARMING.
DOESN'T MEAN HE HAS TO FARM, BUT IT ONLY CAN BE USED FOR FARMING.
CAN'T BE SOLD FOR DEVELOPMENT OR WHATEVER.
THAT'S WHY YOU'RE PURCHASING THE DEVELOPMENT RIGHTS FROM THEM.
SO THAT NUMBER CAN BE, IT'S NOT UNREASONABLE.
I THINK THE TOWN HAS DONE AND WHY THERE HASN'T BEEN, WELL THAT ON THE PREVIOUS COMPREHENSIVE PLANS, WHY THERE HASN'T BEEN ANY DEVELOPMENT IN THE SOUTH CENTRAL PART OF THE TOWN WHERE THE MAJORITY OF THE AGRICULTURAL IS, IS BECAUSE WE PROHIBITED, KATHY HOPA WAS PART OF THAT PROHIBITED THE EXTENSION OF SEWERS IN THAT AREA.
IF WE EXTENDED SEWERS IN AN AREA, WHICH THERE WAS PLANS, MATTER OF FACT, WE'RE STILL TRYING TO GET THE COUNTY TO TAKE PART OF THAT AREA OUT OF THE SEWER DISTRICT.
BUT THERE'S NO PLANS EVER TO EXTEND SEWERS.
ONCE YOU EXTEND SEWERS IN THAT AREA, THERE'S NO STOPPING THE DEVELOPMENT.
SO IF A TOWN BUYS THE DEVELOPMENT RIGHTS, HOW LONG DOES THAT LAST? FOREVER IN PERPETUITY.
WHICH I THINK THE ATTORNEYS WILL SAY A HUNDRED YEARS, BUT IT'S IN PERPETUITY FOREVER.
YEAH, THERE'S, THERE'S, THERE'S NOT USUALLY FOREVER.
AND THE OTHER THING IS, IS IT CHANGES YOUR DEVELOPMENT RIGHTS, BUT YOU CAN STILL DO LESS INTENSIVE USES ON IT.
SO PEOPLE WANTED TO LIKE, IF IT WAS GONNA REVERT BACK TO, I DON'T KNOW, YOU HAVE TO, THAT'S, THAT'S A BIG, IF YOU'RE NOT GOING WITH STANDARD PURCHASE DEVELOPMENT RIGHTS, WHICH IS ONLY ALLOWING AGRICULTURAL PURPOSES, YOU CAN GET IN A NEGOTIATION WITH THE STATE ABOUT ALLOWING OTHER TYPE USES.
YOU KNOW, OBVIOUSLY WE WOULD ALLOW, FOR EXAMPLE, I THINK, AND AGAIN, MY PERSONAL OPINION, I HAVEN'T DONE THE PLAN YET, BUT I THINK AGRITOURISM WOULD BE HUGE IN, IN, TO MAKE THOSE FARMERS SURVIVE, IS ALLOW THEM THE ABILITY TO DO AGRITOURISM AND EXPAND MORE INTO EVEN THINGS THAT YOU, WE WOULD NOT CONSIDER AGRITOURISM THAT ARE WHAT FARMERS CAN DO TO SURVIVE.
WHEN I DID EDEN'S EDEN'S PLAN, WE'D SAID, YOU KNOW, YOU GOTTA GIVE FARMERS OTHER WAYS OF MAKING ENDS MEET THAT ARE CREATIVE.
THAT THEY'RE NOT BUILDING A HOUSE ON IT OR YOU KNOW, SELLING IT TO A DEVELOPER.
SO THERE'S LOT, THERE'S TONS OF TOOLS OUT THERE.
IT'S NOT JUST ABOUT THAT BECAUSE THE CHANCES OF YOU, I THINK THEY GIVE OUT SO MUCH MONEY A YEAR FOR THE PURCHASE OF DEVELOPMENT RIGHTS AND IT'S EXTREMELY COMPETITIVE.
SO YOU CAN'T JUST, I JUST KNOW IT'S VERY COMPETITIVE FROM MY PASSPORT.
I THINK, I THINK THAT WAS THE INTERESTING, WE, I TALKED TO EGG AND MARKETS WAS ABOUT AGRITOURISM THINGS LIKE CRAFT BREWERIES.
BUT WE ALREADY, WE ALREADY PUT THAT IN THERE.
AND SOME OF THAT OTHER STUFF THAT IS ALREADY BEING SUCCESSFUL IN A DRAW AND A THAT IS DOING ALL THOSE THINGS THAT IS NOT JUST COMMODITY, IT'S NOT BIG DAIRY OR POURING, THERE'S OTHER THINGS TO IT.
I AND IN EDEN WE ALLOWED THEM TO DO SMALL ENGINE REPAIR BECAUSE THAT WAS A WAY A LOT OF THE FARMERS MADE, MADE ENDS MEET AS THEY USED TO REPAIR STUFF FOR OTHER FARMERS AND WHATEVER.
AND WE SAID THAT'S A PERFECTLY LEGITIMATE BUSINESS FOR, FOR A FARM.
YOU WANNA DO SMALL ENGINE REPAIR AND OTHER THINGS FOR TRACTOR SERVICING AND RIGHT.
[00:45:01]
THAT'S THE ONLY WAY YOU'RE REALLY GOING TO, AND AS I SAID, IN A NICE WAY, THE TOWN DOES NOT HAVE THE AMOUNT OF AGRICULTURE TO BE TO, TO SUSTAIN ITSELF JUST ON AGRICULTURAL.IT'S GOTTA HAVE OTHER WAYS OF BEING ABLE TO REMAIN, TO REMAIN A, A VIABLE PART OF THE COMMUNITY.
OTHERWISE IT'S GONNA DISAPPEAR.
AND THOSE MORE CREATIVE USES MAKE BET THE BID MORE COMPETITIVE.
SOME, SOME PURCHASE A DEVELOPMENT.
SOME OTHER THINGS, BUT A COMBINATION OF THINGS.
WE SHUT THE BACK DOOR ALREADY.
SO I'M, I'M EXCITED ABOUT THAT.
TOWN'S BEEN TALKING ABOUT THAT FOR YEARS.
I DON'T THINK THAT THAT, OTHER THAN, I DON'T THINK THE CHANNEL HAS LO LOST A LOT OF AGRICULTURAL, I THINK SOME FARMERS HAVE TROUBLE MAKING ENDS MEET.
I MEAN, YOU, THERE WAS A, THERE'S A GENTLEMAN'S NAME ON THE CONSERVATION BOARD THAT, THAT HAD THE WIND TURBINE, WHAT'S HIS NAME? OH, KY JABLONSKY.
HE DOES A WHOLE HER OF REINDEER.
THAT'S ALMOST LIKE AGRITOURISM, BUT IT'S VERY CREATIVE AND WHATEVER.
BUT YOU GOTTA ALLOW THEM TO DO CREATIVE THINGS.
THE ONLY WAY, THE ONLY WAY YOU TRULY PRESERVE AGRICULTURAL IS HELP THE FARMER TO SUCCEED.
FIRST OF ALL, UNDERSTAND IT'S A BUSINESS AND HE IS GOTTA, HE OR SHE HAS TO BE ABLE TO SUCCEED TO STAY IN BUSINESS.
THE STATE OF NEW YORK WANTS TO PRESERVE AGRICULTURAL SOILS.
WE WANT TO PRESERVE TRUE AGRICULTURAL IN OUR COMMUNITY.
THAT'S THE WAY YOU KEEP OURSELVES.
I THINK THE TOWN FARM LAND, WHAT WAS THAT? WE DON'T, WE DON'T DO THAT BY DEVELOPING WHETHER IT'S FIVE ACRES OR A HUNDRED ACRES.
WELL THE, THE PROBLEM YOU HAVE IS THAT YOU TALK TO FARMERS.
THE WAY TO PRESERVE FARMING IS NOT TO TAKE AWAY FARMERS' RIGHTS.
THEY WILL YELL AND SCREAM AT YOU.
YOU DON'T TAKE AWAY THEIR RIGHTS.
YOU GIVE THEM THE ABILITY TO MAKE ENDS MEET SO THEY CAN STAY IN BUSINESS AND GIVE THEM OPTIONS ON THE PROPERTY.
TRUST ME, I'VE BEEN YELLED AT ENOUGH BY HUNDREDS OF FARMERS TO SAY, DON'T TAKE AWAY MY RIGHTS.
GIVE ME OPTIONS TO DO WITH MY PROPERTY.
WELL THE OTHER CHALLENGE THAT IS CURRENTLY ONGOING AND, AND WHILE THERE'S A RISE IN SMALLER CRAFT AND CSA DIRECT TO MARKET RIGHT.
FARMING, THERE'S A LOT OF GENERATIONAL GAPS THAT PEOPLE ARE NOT RIGHT.
THAT THERE'S NOT SOMEBODY WHO WANTS TO TAKE OVER THE BUSINESS AND FINDING WAYS TO, TO ADDRESS THAT.
YOU KNOW, THERE'S BIGGER ISSUES.
WELL THAT'S, THAT'S ACTUALLY A GRANT YOU CAN GET FROM AG AND MARKETS TO DO TRAINING TO ALL THE FARMERS ON HOW TO DO THAT.
GENERATIONAL, WHAT'S IT CALLED? UH, GENERATIONAL TRANSITION.
THEY HAVE A TRAINING PROGRAM NOT ONLY TO TRY TO BRING YOUR FAMILY BACK IN, BUT IF YOU CAN'T GET YOUR FAMILY BACK IN, HOW DO YOU KEEP FARMING AND KEEP THE USE OF THE FARM GOING? BECAUSE RIGHT NOW THE ONLY ALTERNATIVE TO A FARMER IF HE DOESN'T HAVE ANY KIDS THAT WANNA DO IT, IS I GOTTA SELL MY FARM AND IF I'M GONNA MAKE MONEY OFF OF IT, I GOTTA SELL IT FOR SOMETHING ELSE OTHER THAN FARMERS.
BUT I CAN'T, CAN'T REALLY SEE THE PARK ANYMORE.
THEY PUT THE FLAG THAT WAS DONE ON PERFECT.
WHO ARE YOU TALKING ABOUT? ME? WE I LIKE THAT LAST.
SELF DEPRIVATION IS THE EASIEST THING.
JUST LOOK AT THE NUMBER ORDER IN FILE.
I DON'T WANT YOU FOLLOWING ALONG MY NOTES.
SO LET ME SEE IF MY NOTES ARE IN ORDER.
BUT IF YOU REFERENCE THIS, THERE'S A STAPLE OUT OF THE ORDER.
I'M NOT GONNA REFERENCE THIS THOUGH.
DOUG, THESE ARE STAPLES OUT OF ORDER JUST IN CASE YOU TO FOLLOW ALONG.
SEVEN O'CLOCK LOOKING AND EVERYONE, WELCOME TO THE AUGUST 4TH 21 MEETING OF THE TOWN OF ETT PLANNING BOARD.
[00:50:01]
PLEASE RISE FROM PLEDGE OF I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC POLLUTION STANDS, ONE NATION UNDER GOD, INDIVIDUAL WITH LIBERTY AND JUSTICE FOR ALL.ALL RIGHT, FIRST ITEM WE HAVE ON THE AGENDA IS BOB JOHNSON REQUESTING SITE PLAN APPROVAL OF A PROPOSAL TO CONSTRUCT A BREWERY RESTAURANT ON VACANT LAND ADJACENT TO 40 46 LAKE SHORE ROAD.
AND THAT IS SCHEDULED FOR A PUBLIC HEARING.
SO, UH, ANY UPDATE ON THE, I JUST WANNA SAY I GOT THE WATERFRONT ASSESSMENT FORM FROM THE APPLICANT AND I SENT IT TO YOU AND TO JOE KILLIAN TO SEE IF THEY CAN COME TO THEIR NEXT MEETING IN AUGUST.
WHICH I THINK IS ON AUGUST 18TH, THE 19TH.
UH, GOOD EVENING CHAIRMAN CLARK, MEMBERS OF THE PLANNING BOARD, SEAN HOPKINS, ANTHONY OL, AND BOB JOHNSON ON BEHALF OF THE APPLICANT.
AS YOU'LL RECALL, YOU SAW THIS PROJECT PREVIOUSLY, YOU DID PROVIDE SOME INPUT DURING YOUR MEETING LAST TWO, TWO WEEKS AGO.
AND ANTHONY, IF YOU JUST WANT TO GIVE A QUICK OVERVIEW OF THE CHANGES WE'VE MADE, I WOULD NOTE THAT WE HAVE SUBMITTED THE WATERFRONT REVITALIZATION FORM, AN AMENDED SITE PLAN APPLICATION AS WELL AS AN AMENDED PART, ONE OF THE FULL ENVIRONMENTAL ASSESSMENT FORM BASED ON THE CHANGES.
YEAH, SO AS YOU REMEMBER, TWO WEEKS AGO, UM, ONE OF THE ISSUES THAT CAME UP WAS THE PROPOSED RETAIL BUILDING AND HOW WOULD REQUIRE SPECIAL USE PERMIT.
SO FOR NOW WE'VE SCRAPPED THAT FROM THE SITE PLAN.
SO WE'VE REMOVED THAT SIDEWALK AND THE SHELL BUILDING THAT WE WERE SHOWING, REMOVED THAT FROM THE SITE PLAN.
AND WE'VE ALSO JUST MOVED, UM, THIS SECOND STORMWATER DETENTION POND OVER A LITTLE BIT TO THE EAST, UM, TO PROVIDE, UM, SOME RECREATIONAL SPACE, UM, ADJACENT TO THE BUILDING.
UM, OTHER THAN THAT, THAT, THAT'S REALLY THE ONLY CHANGES TO THE SITE PLAN.
UM, ANY QUESTIONS FROM ANYBODY ON THE BOARD BEFORE WE START THE PUBLIC HEARING MOTION? A QUESTION ON THE CURB CUT THAT'S GONNA HAVE TO BE ANSWERED BY THE STATE DEPARTMENT OF TRANSPORTATION.
WE REFERRED THAT TWO WEEKS AGO AND THEY HAVE WHAT, 30 DAYS TO RESPOND? WE WISH COORDINATED REVIEW.
SO THEY'LL RESPOND TO THE COORDINATED ENVIRONMENTAL REVIEW.
OBVIOUSLY WE'RE SHOWING THE NEW CURB CUT ON LAKE SHORE ROAD, WHICH IS A NEW YORK STATE HIGHWAY SUBJECT TO THE JURISDICTION OF THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION.
THEY WILL HAVE THE OPPORTUNITY TO RESPOND IN CONNECTION WITH THE COORDINATED ENVIRONMENTAL REVIEW.
BUT EVEN IF SOMEHOW THEY DO OMIT TO RESPOND NONETHELESS, WE WILL NEED A HIGHWAY WORK PERMIT FROM THEM.
AND THAT'S PRETTY STANDARD THAT, THAT THAT PROCESS IS UNDERWAY.
WE HAVE SUBMITTED FOR THEIR REVIEW ON THAT.
AND IS THE TIMEFRAME ON A PROCESS LIKE THAT WITH DOT? IT COULD BE MONTHS, RIGHT? WELL THE GOOD PART IS WHEN YOU DO THE SECRET COORDINATOR VIEW, MR. RAKOWSKI LOT OF TIMES MOVES INTO THE TOP OF THE FILE BECAUSE IT'S BASICALLY A REQUEST BY THE TOWN AS MR. ROMAN ASKING FOR A, FOR INPUT FROM THEM.
'CAUSE WE HAVE TO MAKE A SECRET DECISION.
AND WE DID THAT TWO WEEKS AGO.
IT'S A VERY BIG PILE THAT HE HAS.
I WOULD ALSO DO, WHAT'S THAT? HE HAS A VERY BIG PILE.
HE DOESN'T EVEN RETIRE LIKE IN TWO DAYS HE RETIRED, HE'S IN THAT PILE FOR WHOEVER TAKES OVER AND THEY DON'T KNOW.
THEY DON'T KNOW WHO'S TAKING OVER.
THEY HAVE NOT REQUESTED A TIS YOU'RE NOT GENERATING OVER A HUNDRED CARTRIDGE.
HAVE YOU DONE ANYTHING LIKE A TRAFFIC? WHAT IS YOUR NUMBER? YOU THINK YOU'RE PROJECTING? NO, BUT I THINK WE COULD, WE COULD DETERMINE THAT.
AND THEN AGAIN, UM, GIVEN THAT WE HAVE TO GO IN FRONT OF THE WATERFRONT REVITALIZATION COMMITTEE, WHICH CHAIRMAN CLARK IS ON ON AUGUST 19TH, IT'S NOT GONNA MAKE A LOT OF SENSE TO PUT THIS ON YOUR NEXT AGENDA.
WE WOULD THEN ASK THAT IT BE PUT ON YOUR FIRST AGENDA IN SEPTEMBER.
CAN WE GET AN UPDATED COPY OF THE SITE PLAN SENT TO US PLEASE? YEAH, I WAS JUST GONNA SAY I WAS JUST, YEAH, WE DON'T HAVE A COPY OF IT.
WHAT DO YOU WANT A A FULL SIZED COPY? WHAT DO YOU WANT? WELL, I WAS GONNA PUT IT UP ON THE SCREEN.
WE DID PDF FOR US TO REFERENCE.
YOU ARE POINTING OUT THINGS ON IT AND WE DON'T HAVE IT TO LOOK AT.
AND HOW MANY, HOW MANY FEE WAS IT AGAIN FROM THOSE RESIDENCE TOWARDS THE ROOM IS RIGHT? SO YOU'RE TALKING FROM HERE FROM WHICH IS THE CORNER OF THE BUILDING? YES.
TO WE'RE 91.14 FEET FROM THE COMMON PROPERTY LINE.
THEN IT'S ABOUT AN ADDITIONAL 50 FEET, 45 FEET.
SO I'D SAY WE'RE AT LEAST 140 FEET.
[00:55:01]
THE VERSION YOU HAD, YOU PROVIDED THE VERSION I HAVE IS THE STORMWATER POND THE WRONG PLACE? 'CAUSE IT WOULD BE GOOD TO BE ABLE TO START PULLING AND SHOWS THE BUILDING HERE.AND I'D BE GOOD TO BE ABLE TO PULL THESE UP SO THAT WHEN WE HAVE PUBLIC HEARINGS WE CAN ALL BE LOOKING AT THE SAME THING AS THE, NO OFFENSE TO YOUR ENGINEERING SIZE DRAWINGS, BUT SURE.
NO ONE CAN READ THEM FROM HERE.
I GOT AN EMAILED TO ME, THE NEW ONE FROM SEAN, BUT IT WAS AFTER FRIDAY.
SO IT'S ON, IT'S BEEN ON THE WEBSITE.
IT'S NOT THE ONE ON THE WEBSITE IS NOT OH, WELL THEN, YEAH.
THAT, THAT'S THE ONE ON THE WEBSITE.
ARE YOU SURE? I'M LOOKING AT IT.
IT'S THE ONE WITH THE STORMWATER POND OVER IN THE BUILDING.
WELL, FOR THE NEXT MEETING SEND ME THE ANOTHER ONE THEN.
WE'LL, IT IT MIGHT BE THE WATERFRONT ASSESSMENT FORM IS ON THOUGH, BECAUSE THE WEBSITE'S KIND OF NEW.
IT MIGHT JUST BE WHEN YOU SEND THE SAME DOCUMENT.
MAYBE YOU DIDN'T OVERRIDE IT, OVERWRITE IT OR SOMETHING.
SO IT'S, IT'S WE'LL WORRY ABOUT RIGHT.
THE LINK MIGHT BE TO THE OLD ONE.
I, I DON'T THINK THERE'S PROBABLY SOME COMPUTER EXPLANATION.
I KNOW HE'S WATCHING HIS YOUTUBE VIDEO.
WHAT'S THAT? WE WERE TALKING ABOUT YOU.
DO YOU, CAN YOU PUT THE UPDATED SITE PLAN? I THINK SARAH SENT IT TO YOU FOR THIS BREWERY ONTO THE WEBSITE.
I PUT TWO OF THEM ON THERE TODAY.
SO I HAVE A REVISED LANDSCAPING PLAN.
WE'LL WE'LL DO THE ONE THAT'S ON THERE IN THE LINK IS GOES TO THE OLD ONE.
THE LANDSCAPING PLAN FLIGHT PLAN IS NOT UPDATED.
YEAH, I HAVE TO DELETE THE OLD ONE AND PUT THE NEW ONE ON THERE.
WELL THIS WHAT'S GOING ON WITH THE EAGLE? WHEREVER WE, YOU SHOULD SEE
JAY, DO YOU HAVE A CORD THAT I CAN CONNECT TO THIS STEVIE? IT'S HANGING ON THE BACK THERE.
ALRIGHT, ANYTHING ELSE BEFORE WE START THE PUBLIC HEARING? ANY OTHER QUESTIONS? ME READ THE NOTICE? YES, PLEASE NOTICE IS HEREBY GIVEN AT THE TOWN OF HAMBURG PLANNING BOARD.
WE'LL CONDUCT A PUBLIC HEARING ON PROPOSAL BY BOB JOHNSON TO CONSTRUCT A BREWERY SLASH RESTAURANT ON PROPERTY LOCATED IN JASON 4 0 4 6 LAKE SHORE ROAD.
THE PUBLIC HEARING WILL BE HELD ON AUGUST 4TH, 2021 AT 7:00 PM IN ROOM SEVEN B OF HAMBURG TOWN HALL.
AT THIS TIME I WILL OPEN UP THE PUBLIC HEARING FOR UH, BOB JOHNSON.
ANYONE HERE WANTED TO SPEAK ABOUT THE BOB JOHNSON PROJECT? JUST WANNA MAKE SURE I SEE EVERYBODY.
ANYBODY ON THE BOB JOHNSON PROJECT FOR THE THIRD AND FINAL TIME? ANY PUBLIC INPUT ON THE RESTAURANT BREWERY PROPOSED, UH, LAKESHORE ROAD.
ARE YOU ON? I'M ON FACEBOOK ON MY COMPUTER TODAY.
I WILL CLOSE THE PUBLIC HEARING.
UM, I THINK THAT'S GONNA BE IT FOR TODAY.
SO IN TWO WEEKS YOU'LL BE IN FRONT OF THE WATERFRONT COMMITTEE.
THEN IN FOUR WEEKS YOU'LL BE BACK HERE.
SO WHEN, WHEN'S OUR FIRST MEETING? IN SEPTEMBER THE SEVENTH FIRST.
SO I'LL MAKE A MOTION TO TABLE BOB JOHNSON TO SEPTEMBER 1ST, SECOND.
SORRY I DID THAT FOR THE MOTION, BUT AGAIN, I ALWAYS ASK DO YOU NEED ANYTHING FROM THE PLAN DEPARTMENT, ENGINEERING DEPARTMENT? YOU HAD THE WATERFRONT COMMITTEE.
UM, DOES THE CONSERVATION BOARD SEEN THIS? DO THEY, THEY SEEN THIS.
THEY THINK IT'S IN THEIR PACKET.
IS THERE ANY OTHER INFORMATION YOU NEED INPUT FROM ANY OTHER? CAN YOU ASK THE CONSERVATION ADVISORY BOARD TO REVIEW THE LANDSCAPING PLAN? OKAY.
I THINK THE BIGGEST QUESTION FOR PEOPLE OUTSIDE OF, OF THIS BOARD IS GONNA BE THE, THE CURB CUT ISSUE THAT MR. CHAPMAN BROUGHT UP EARLIER HERE.
THAT'S, THAT THAT'S THE BIGGEST ISSUE.
AND, AND BEFORE WE GET TOO FAR, I PROBABLY SHOULD HAVE THIS BEFORE WE STARTED THE MEETING.
UM, IT'S MY UNDERSTANDING THAT DAVID MANKO AND GLEN WEZEL ARE GONNA BE TABLED BECAUSE WE DIDN'T GET THE RESPONSES FOR OUR, UH, SECRET QUESTIONS.
AND MILLIGAN, MILLIGAN IS OFF AS WELL.
AND MILLIGAN IS OFF BECAUSE THEY GOT A USE VARIANCE FROM THE ZONING BOARD.
SO THERE'S NOTHING THAT WE HAVE TO DECIDE ON MILLIGAN.
[01:00:01]
SO ITEMS FOUR, SIX AND SEVEN AREN'T GONNA BE ON TODAY.AND I SHOULD HAVE DONE THAT BEFORE I STARTED THE PUBLIC HEARING, BUT, SO SECOND ITEM ON THE AGENDA IS LOE TRAILERS REQUESTING PLANNING BOARD APPROVAL OF A REVISED SITE PLAN.
ORIGINAL SITE PLAN GRANTED ON SEPTEMBER 16TH, UH, 2020.
THIS IS THE ONE WHERE YOU WANTED TO TAKE OUT THE FENCE.
TAKE OUT PART OF IT AND THEN REMOVE THE MONUMENT SIGN.
DID EVERYBODY GET THE STUFF THAT I SUBMITTED? EXAMPLES OF FENCE AND STUFF? IF NOT, I CAN.
YEAH, YOU GOT THAT WE SUBMITTED A WHILE AGO,
IT WAS LIKE A MONTH AGO OR SO.
SO DO YOU WANT ME TO EXPLAIN? YES, PLEASE.
UH, THIS IS THE TRAILER SITE PLAN.
WHAT WE'RE PROPOSING IS TO LIMIT THE FENCE TO THE GREEN PART THAT I HIGHLIGHTED HERE ALONG THE FRONT.
WE'D GO ALONG THE FRONT OF MCKINLEY AND THEN WRAP AROUND THE CORNER.
AND THEN WE ARE ALSO GONNA CHANGE THE TYPE OF THE FENCE.
IT WAS A, IT WAS A VINYL TYPE, UH, SPLITTER RAIL FENCE.
UM, WE WANTED TO CHANGE IT TO A WOOD, WOODEN SPLITTER RAIL FENCE.
I THINK IT'LL FIT BETTER WITH THE, WITH THE UH, KIND OF THE AREA AND THE LANDSCAPING AND WHATNOT.
SO ANY CHANGES TO THE LANDSCAPING? IT'S JUST THE FENCE.
AND WE ELIMINATED THE LANDSCAPING THAT WAS ASSOCIATED WITH THE SIGN.
OTHER THAN THAT, NOTHING CHANGED.
THE GATES ALL REMAIN SAME AS THEY WERE.
SO THIS ONE'S A LITTLE INTERESTING 'CAUSE THEY'VE ALREADY PUT IN THE LAND.
DID THEY PUT IN ALL THE LANDSCAPING OR JUST WHAT? SOME OF IT SO FAR? UH, HE SAID, HE TOLD ME THAT IT'S ALMOST DONE.
YEAH, THERE'S SOME BEDS ON THE FRONT.
SO THE ONE THING I WOULD NOTE ABOUT THIS PROJECT, I'VE DRIVEN PAST IT A FEW TIMES.
THE TRAILERS ARE OUT THERE, THE TRAILERS ARE NOT STORED DOWN.
THE TRAILERS ARE ALL STORED TILTED UP.
15, 16 FEET, WHICH WAS NOT WHAT I NECESSARILY WOULD'VE EXPECTED.
BUT ARE THEY ALL LIKE THAT? THEY'RE ALL LIKE THAT.
BASICALLY ALL THE OF THEM, THERE'S 30 OF 'EM OR WHATEVER.
SO I THINK THE ONE THING I WOULD SAY IS THAT, YOU KNOW, I THINK WHEN WE ORIGINALLY TALKED ABOUT THE VIEWS AND THE VISUAL THAT THAT, YOU KNOW, THERE WAS GONNA BE TRAILERS PARKED THERE.
I THINK THEY'RE QUITE CONSPICUOUS.
YOU KNOW, THEY'RE ALL BEING STORED, ANGLED UP.
I DON'T KNOW IF THERE'S ANYTHING ELSE THAT, THAT PEOPLE HAVE AS THOUGHTS, BUT THEY STICK UP ALMOST AS HIGH AS THE BUILDING.
AND I JUST WANNA MAKE SURE PEOPLE WERE AWARE OF THAT.
YEAH, THAT'S WHAT I WAS GONNA SAY.
IT'S KIND OF INTERESTING 'CAUSE THEY'RE ALREADY THERE AND THAT LIGHT IS SUCH A LONG LIGHT THAT I'VE PROBABLY SPENT MAYBE AN HOUR STARING AT THAT SPOT IN THE PAST FEW WEEKS.
JUST WE COULD, WE CAN ASK THAT HE, DID HE LIMIT, UM, THE ONES THAT HE PUTS UP TO A CERTAIN AREA? MAYBE.
WELL, YOU KNOW, THE THING IS, WHY DOES YOU HAVE TO HAVE A UP? I MEAN, IF YOU'RE GONNA BUY ONE OF THOSE, YOU KNOW WHAT IT IS.
WELL, AND YOU KNOW HOW MANY, IF YOU'RE GETTING 15 FOOT, YOU KNOW IT'S 15 FOOT.
I THINK THEY'RE UP TO, LIKE YOU SAID, TO DEMONSTRATE THAT THEY DO HAVE THE ABILITY TO YEAH, I, I JUST THINK THAT I, I WASN'T HAPPY WHEN I DROVE BY IT AT ALL.
KIND OF LOOKS LIKE BASICALLY LIKE A DUMP YARD.
I MEAN, I THINK THE THING IS IS WE WERE TOLD ORIGINALLY THAT IT WAS NOT DRIVE UP BUSINESS.
SO I DON'T KNOW IF THERE'S A REASON THEY HAVE TO BE STORED LIKE THAT.
YEAH, THERE'S A RETAIL COMPONENT INSIDE THE BUILDING.
BUT WE WERE TOLD THAT HE DIDN'T HAVE DRIVE UP BUSINESS, WHICH IS WHY WE'RE NOT ALLI.
BUT IF THAT'S PART OF DRIVE UP AND NOTICING BUSINESS, THEN WE SHOULD PROBABLY GO BACK TO HAVING THE SIGN AS WELL.
MARK DEMARCATING THE BUSINESS, YOU KNOW, IDENTIFYING THE BUSINESS.
WHAT IT, IT IS WHERE THEY'RE AT.
YEAH, I THINK HE CAN, IF YOU WANNA LIMIT THE AREA WHERE YOU CAN PULL THE TRAILERS UP, I THINK YOU'D BE PROBABLY BE OKAY WITH THAT.
WHETHER THEY'RE LIMITED TO THE BACK.
SO MAYBE MOVE THAT TO THE BACK ROW OR THE, THE ROW ALONG THE DEAD END STREET.
WANT THINK? ANYBODY SEE HIM? I THINK YOU WANT TO HAVES THE IDEA COUPLE.
WELL, THAT'S THE IDEA BECAUSE THAT'S WHAT WE WERE, THAT WAS THE, THE, THE PITCH ORIGINALLY WAS THAT IT WAS NOT DRIVE UP BUSINESS WITH PEOPLE LOOKING THERE AND THAT THEY DIDN'T NEED THE VISUAL.
THAT WAS THE ORIGINAL PITCH TO US.
AND WHAT'S BEING PRESENTED IS, WELL, I MEAN, IT'S THE SAME AS A CAR DEALER.
YOU DRIVE BY, YOU SEE THE CAR, RIGHT.
BUT'S, BUT THAT'S NOT WHAT WE WERE PRESENTED WITH ORIGINALLY.
I MEAN WHEN YOU GO TO, YOU KNOW, THERE'S GONNA BE A CAR THERE MM-HMM
YOU KNOW, NOW THIS ISN'T SUPPOSED TO BE DRIVE UP.
WE WEREN'T EXPECTING TO HAVE 'EM HAVE ALL THESE UP IN THE AIR MM-HMM
BECAUSE IF IF IT'S SOMEBODY IN THE BUSINESS, THEY KNOW WHAT THEY'RE LOOKING FOR.
AND I PERSONALLY DON'T LIKE SEEING ANY OF 'EM.
JUST, I THINK HE, I THINK HE WOULD AGREE TO THE ONES IN THE FRONT.
KEEP THOSE DOWN AND MAYBE LEAVE THE ONES ON THE SIDE IN THE BACK IF, IF YOU WANTED TO.
WE'RE TREADING CLOSE TO BUSINESS OPERATIONS RIGHT NOW.
SO I WOULDN'T SAY THAT THE, IT'S A DANGEROUS LINE.
THE VISUAL IS NOT EVALUATED WITH REGARD TO HAVING ELEVATED STRUCTURES STICKING UP.
AND THAT IS WITHIN OUR PURVIEW, IS THAT THE VISUAL WAS NOT EVALUATED TO HAVE ITEMS THAT WERE STICKING UP IN THE AIR AROUND THE INTERNAL PERIMETERS.
IT'S NO DIFFERENT IF YOU DRIVE BY A CAR DEALER.
AND I GOT THE HOOD UP, BUT WE'RE TRYING TO, TO TALK WITH THE CHARACTER OF THE COMMUNITY.
[01:05:01]
BUT THE, THE POINT WAS, IS THAT WE WERE TRYING TO KEEP THE COMMUNITY CHARACTER AND SOME OF THE OTHER USES IN THAT AREA AND MAKE IT LOOK BETTER.AND, AND AT ONE HAND YOU'RE TELLING US, WELL, IT'S LIKE A CAR DEALERSHIP.
BUT THEN WE'RE ALSO BEING TOLD THAT WE DON'T NEED A SIGN.
WE DON'T, WE DON'T NEED A SIGN THAT HAS NOTHING TO DO WITH THE CAR DEALERSHIP.
WELL IT'S NOT LIKE A CAR DEALERSHIP AND YOU CAN'T, YOU CAN'T COMPARE APPLES AND ORANGES.
WE KNOW, WE KNOW GOING IN, THEY'RE GONNA HAVE HOODS UP, MAYBE A TRUNK.
BUT WE KNOW THAT WE WEREN'T EXPECTING THAT WITH THIS.
WE JUST THOUGHT IT WAS BECAUSE WE WERE DELIBERATELY PITCHED THAT IT WASN'T DRIVE OF BUSINESS.
I DON'T UNDERSTAND THAT WOULD'VE, THAT HAS TO DO WITH THE THING IN FRONT OF US IS DEFENSE.
AND AS OUR ATTORNEY SAID, WE DON'T WANNA GET TOO FAR INTO BUSINESS OPERATIONS.
WELL, THE FENCE AND THE SIDE RIGHT.
UM, I WON'T DOES ANYBODY AND HOW THAT AFFECTS THE VISUAL CHARACTER.
SO I GUESS THAT'S, DOES ANYBODY, YOU KNOW, I I DON'T KNOW THAT WE CARE THAT THEY'RE TAKING OUT THE SIGN.
I DON'T KNOW THAT ANYBODY HAD A WELL, WHEN THEY TAKE OUT THE SIGN, THEY TAKE OUT THE LANDSCAPING THAT GOES WITH THE SIGN.
IT DID TAKE OUT SOME LANDSCAPING AGAIN.
BUT IF THEY COME BACK TO US TWO YEARS FROM NOW AND THEY WANNA PUT A SIGN IN, DO THEY HAVE TO COME BACK TO US OR YEAH, THEY'D HAVE TO COME BACK TO US AND WE, IT'D BE A MONUMENT SIGN.
AND WE WANT LANDSCAPING BECAUSE WHENEVER SOMEBODY WANTS TO PUT IN A SIGN, WE WANNA DO THAT.
I THINK SHE'S SAYING THAT THAT WOULD NOT, I DON'T, I DON'T THINK TYPICALLY ROGER, IF SOMEONE JUST COMES IN FOR A SIGN, JUST A SIGN, THEY WOULDN'T COME BACK FOR US.
AND IF IT'S IN ACCORDANCE WITH THE LAW, HE JUST ISSUED SIGNED RIGHTS.
THAT'S WHAT WE'RE THAT'S WHAT I WAS TRYING TO GET.
IF WE'RE GONNA TAKE THINGS OFF, I JUST WANNA KNOW IF THEY COME BACK IN TWO YEARS AND WHEN AND ON, HOW DO WE GO ABOUT THAT? HOW DOES THAT HAPPEN? WE WON'T COME HERE.
WELL, SO THEN THEY MAY NOT BE REQUIRED TO DO LANDSCAPING CONDITION.
CAN WE PUT, IF WE RE ALLOW THEM TO REMOVE THE SIGN, DREW, CAN WE PUT A CONDITION THAT IF IT COMES BACK, IF THEY WANNA PUT A SIGN IN IN THE NEXT X NUMBER OF YEARS, IT COMES BACK TO US.
AS I'VE SEEN AS A CONDITION THAT, YOU KNOW, THE, WE APPROVE THIS AND THE LOOKS OF THIS BILLING BASED UPON NO SIGNAGE.
IF THEY WANT TO SIGN, THEY'RE GONNA HAVE TO COME BACK TO THE, THAT COULD BE CONDITIONAL APPROVAL.
SHE'S SAYING IF THEY WANT ANOTHER SIGN, THEY HAVE TO PUT THE LANDSCAPING IN HIS OWN.
YEAH, I THINK IT THAT THAT'S FINE.
IF WE COME BACK WITH ANOTHER SIGN, THEN THERE'S JUST BEEN A LOT OF LIKE CHANGES AFTER WE MADE APPROVALS.
AND I JUST WANNA PREVENT MORE CHANGES THAT WE DON'T LIKE.
UM, AND THAT, I THINK SOME OF THE THINGS THAT ARE BEING ASKED TO BE CHANGED WERE THINGS THAT HELPED CONVINCE US THAT WE LIKED THE SITE PLAN.
BY THE WAY, ALSO PLANNING BOARD ON YOUR QUESTIONING ABOUT THE TRAILERS AND WHATEVER.
I MEAN, THAT'S THE WHOLE ISSUE HERE IS ABOUT THE LANDSCAPING AND THE, AND THE FENCING.
WAS THE IDEA THAT THIS WAS JUST GONNA BE AREAS FOR THE VEHICLE.
THE VEHICLES ARE GONNA HAVE TO THINGS UP.
DO WE, IS THAT LANDSCAPING, IS THAT FENCING APPROPRIATE FOR, YOU'VE SEEN THE DISPLAYS ALREADY HAS AN OPERATION.
WELL IS THIS SOMETHING YOU'RE CONSIDERING? SO IT IS KIND OF ABOUT AS EVERYBODY QUESTIONS, IT WAS ABOUT, IT WAS ABOUT IMPACT.
HAS EVERYBODY ON THE PLANNING BOARD SEEN IT? YEAH, UNFORTUNATELY.
UM, I MEAN, YEAH, THE FIRST TIME I SAW IT AND THEY SAW THE TRAILERS UP, I WAS LIKE, OH, THAT, THAT'S, I DIDN'T LIKE THAT.
BUT AFTER THE THIRD OR FOURTH TIME, IT, IT DOESN'T BOTHER ME AS MUCH.
UM, I MEAN I THINK THE LANDSCAPING'S PRETTY GOOD.
AND YOU KNOW, AESTHETICS ARE IN THE EYE, THE HOLDER.
I MEAN, I THINK WE WOULD'VE HAD A DIFFERENT CONVERSATION ABOUT THE LANDSCAPING PLAN IN THE FIRST PLACE HAD WE REALIZED THE TRAILERS WERE GONNA BE UP.
YEAH, WE PROBABLY WOULD'VE ASKED MORE.
AND I GUESS THAT'S WHAT I'M SAYING NOW IS THAT WE'VE GOT ALL THESE TRAILERS THAT ARE UP.
I RECOGNIZE THAT THE MAN WANTS TO OPERATE HIS BUSINESS.
IT'S NOT WHAT WE EXPECT IN TERMS OF VISUAL CHARACTER.
SO I THINK WE SHOULD BE THINKING CRITICALLY ABOUT IN THE CONTEXT OF OUR CURRENT UNDERSTANDING OF THE PROJECT, WHETHER OR NOT THE LANDSCAPING IS ADEQUATE TO APPROPRIATELY KEEP WITH WHAT WE WANT TO BE A GATEWAY AREA IN A, IN A IS A HIGHLY VISIBLE AREA OF THE TOWN.
SO THAT'S A LITTLE DIFFERENT THAN WE'VE BEEN GETTING AT.
UM, YOU KNOW, IS THE LANDSCAPING ADEQUATE IS DIFFERENT THAN WHETHER OR NOT WE WANT CHANGE THE OFFENSE.
I THINK WE'RE HERE FOR THE RIGHT.
THAT'S SO WELL THAT ONE OF, ONE OF THE THINGS YOU, YOU, YOU TALKED ABOUT, UH, WHEN YOU FIRST CAME BACK WAS MAYBE CHANGING THE LANDSCAPING, BUT YOU GUYS SCRAPED THAT OR WHAT THERE WAS ORIGINALLY A REQUEST TO MINIMIZE SOME OF THE LANDSCAPING AS WELL.
I THOUGHT THERE WAS, WITH, WITH ROGER, HE WANTED TO WAIT.
HE WANTED TO WAIT TO PUT THE LANDSCAPING IN UNTIL NEXT SPRING.
WELL, THESE PEOPLE WANNA GET RID OF THE LANDSCAPING AROUND THE MINE SIDE.
MAYBE THAT WAS THE, MAYBE, I MEAN, I, I DON'T THINK ROGER WANTED TO WAIT UNTIL, I MEAN, WE WANT THE, THE VEGETATION TO BE SUCCESSFUL.
SO IT'S GONNA NEED TO BE ADEQUATELY WATERED AND MAINTAINED OR, AND I THINK THERE'S A CURRENT CODE PROVISION THAT REQUIRES IT TO BE MAINTAINED APPROPRIATELY.
HE DID PUT THE LANDSCAPING IN.
[01:10:01]
WAIT.BUT THE LANDSCAPING IS THERE NOW.
SO THIS NEW SITE PLAN, UM, THE OLD PARTS, THAT'S WHERE THE FENCE IS.
BECAUSE I DON'T THINK WE HAVE THAT.
UM, YEAH, THAT WAS WHEN I SUBMITTED THE PICTURES AND STUFF.
THAT WAS WHAT IT, THAT'S A PRETTY SIGNIFICANT REDUCTION IN FENCES.
AND WE TALKED ABOUT THAT BEFORE THE LANDSCAPING WENT IN, BUT IN THE CONTEXT OF THE, BUT THE, THE OLD FENCE WAS BASICALLY A WHITE VERSION OF THIS.
BUT IT DIDN'T CO YOU ARE NOW COVERING LESS.
I I'M LESS WORRIED ABOUT THE COVER COLOR AND COMPOSITION.
THESE TREES OVER HERE ARE VERY, VERY DENSE.
I MEAN, I'M GONNA BE HONEST, PART OF WHAT I WANNA DISCOURAGE IS PEOPLE COMING BACK AND GETTING ONE SITE PLAN APPROVED AND THEN SCALING BACK, AND THEN WE GET ASKED TO AUTHORIZE WHAT ISN'T DONE TO THE SAME LEVEL THAT WE PREVIOUSLY AUTHORIZED.
BUT THE, THE ORIGINAL FENCE WAS, WAS OFFERED BY THE PETITIONER.
IT WASN'T A REQUIREMENT BY YOU GUYS.
IT'S NOT, THAT WAS PART OF HOW WE CONSIDERED THE WHOLE THING IN CONTEXT.
BUT IT WASN'T MEANT TO SCREEN ANYTHING.
AND I THINK WHEN WE WENT OUT HERE A COUPLE MEETINGS AGO, WE TALKED ABOUT PUTTING IT HERE AND WRAPPING AROUND THE CORNER BECAUSE THAT'S THE MOST VISIBLE PART OF THE SITE.
AND IT WOULD ACHIEVE THE SAME, THE CANDIDATE AT THAT TIME, I DIDN'T EVEN REALIZE THE LANDSCAPING HADN'T BEEN PUT IN YET AND FOUND OUT AFTER THE FACT THAT WE WERE BEING PUSHED TO KIND OF LET THINGS GO.
AND THE LANDSCAPING ALSO HADN'T BEEN PUT IN YET EITHER.
BUT IT WAS GONNA PUT BE PUT IN.
BUT WE WERE GETTING PRESSURE TO TRY AND MOVE THINGS ALONG WITH SOMETHING DONE.
WE'RE, WE'RE HERE AT THIS STATION NOW.
I KNOW PEOPLE, IF PEOPLE WANTED TO MOVE ALONG, IT DIDN'T MOVE ALONG.
SO I DON'T KNOW WHAT, WHAT PRESSURE IT WAS.
IT WAS, WE WEREN'T ASKING TO CHANGE THE LANDSCAPING.
WHAT DO WE WANNA DO ABOUT THIS? I MEAN, THAT'S, WE, WE NEED TO VOTE ON SOMETHING.
UM, SO WE, WE CAN VOTE ON WHETHER OR NOT WE AGREE WITH THIS.
ARE THERE MORE CHANGES THAT WE'D LIKE TO BE MADE BEFORE WE MAKE A VOTE? WHAT DO WE WANT TO DO? I'M LOOKING AT EVERYBODY.
WELL, I KIND OF TEND TO AGREE WITH BOTH, BOTH SIDES OBVIOUSLY.
BUT WHEN YOU'RE IN A BUSINESS LIKE THIS, I THINK YOU HAVE TO PAY ATTENTION TO THAT.
THEY HAVE MANAGEMENT, YOU KNOW, DIRECTIVES AND THEY HAVE RIGHTS TO DO WHAT THEY WANNA DO TO SELL THEIR PRODUCT.
SO PEOPLE IN THE BUSINESS KNOW WHY THOSE TRAILERS ARE UP.
YOU SEE JUST A PLAIN RV, MAYBE ONE OR TWO.
THEN YOU'LL SEE ONE TRULY DRESSED, TRULY OPEN.
YOU'LL SEE THE AWNING, YOU'LL SEE THE PATIOS, ALL THAT.
BUT THAT WASN'T ORIGINALLY WHAT WE WERE SHOWING.
BUT IN THIS PARTICULAR BUSINESS, I, I, I TEND TO AGREE ON THAT PART OF IT.
I'M NOT THERE TO GIVE HIM DIRECTION OF HOW HE SHOULD ADVERTISE HIS PRODUCT.
AND THE POINT I WAS TRYING TO MAKE THOUGH IS THAT THESE PEOPLE ARE, I'VE SEEN 'EM.
I DIDN'T KNOW WHY YOU'RE EXACTLY RIGHT.
I MEAN, MY CONCERN IS, IS, IS HOW IT LOOKS.
AND I DON'T THINK IT LOOKS TERRIBLE.
SO THAT THE POWER WE'RE AIMING FOR THOUGH.
YEAH, BECAUSE I THINK HE, I MEAN HE DOESN'T WANNA, HE PUT A LOT OF MONEY IN THIS BUILDING.
THE BUILDING LOOKS PRETTY NICE.
I DON'T THINK HE WANTS TO HIDE THE BUILDING.
SO I THINK WELL, WELL, YOU CAN'T SEE THE BUILDING.
IF, IF HE, THE TRAILER ONE OUT FRONT ARE NICE TRAILERS, THEY LOOK, THEY LOOK OKAY.
THEY'RE NOT OLD BEAT UP THINGS.
SO I DON'T, I DISAGREE WITH DENNIS CHAPMAN.
WHEN HE SAID IT LOOKED LIKE A, LIKE A WHAT SAID STAR? I MEAN, THEY GOT ALL THESE THINGS IN THE AIR.
YOU LOOK AROUND AND THEY, THEY'RE, THEY'RE JUMPING OUT AT YOU.
YEAH, BUT I, I DIDN'T SAY THEY DIDN'T NECESSARILY LOOK BAD.
I THOUGHT THE LANDSCAPING WAS AN IMPROVEMENT TO WHAT WAS THERE BEFORE.
BUT NOT TO TOUCH UP, BUT I COULDN'T SEE THE LANDSCAPING.
'CAUSE MY EYES WENT TO THAT AND SAID, WHAT THE HELL IS THAT? SO I, SO CAN YOU ALL AGREE ON OR ON WHERE YOU MAYBE WOULDN'T WANT THEM TO BE UP AND WHERE YOU WOULD BE OKAY WITH THEM BEING UP? IS THAT A COMPLIMENT? WELL, I'LL BRING THE GUYS TOGETHER.
FIRST OF ALL, JENNIFER POINTED OUT FACT IT CAN'T CONTROL OPERATION OF THE SITE.
THERE'S NO WAY THE BUILDING INSPECTOR'S GONNA ENFORCE WHETHER CERTAIN ONES ARE UP OR DOWN BEING IMPOSSIBLE FOR THEM TO ENFORCE.
THE ISSUE IS THEY COME BACK TO THE PLANNING BOARD, AMENDING THE PLAN, WANTING TO AMEND THE PLAN, AMENDING THE FENCING AND SPECIFIC AND REMOVING LANDSCAPING AROUND A SIGNAGE AREA THAT YOU'RE NOT PUTTING IN.
SO THOSE ARE THE TWO THINGS BEFORE YOU, THE BENEFIT YOU HAVE NOW IS YOU HAVE A SITE THAT'S CONSTRUCTED, YOU CAN SEE HOW IT'S OPERATING.
WE CAN'T CHANGE HOW IT'S, IS THE CHANGING OF THE FENCE AND THE LANDSCAPING ACCEPTABLE TO YOU KNOWING WHAT THE OPERATION OF THE SITE IS? NOW, DO YOU NEED ADDITIONAL
[01:15:01]
LANDSCAPING? THE FENCE? FINE.HE WANTS TO REMOVE FENCE FROM SOME CERTAIN SIZE, WHICH I, I DON'T THINK HAS AN IMPACT.
SO I THINK YOU'RE FOCUSED ON THE AREA IN THE FRONT THERE.
THEY'VE ASKED, THEY'VE COME BACK, OTHERWISE WE'D HAVE NO SAY THEY'VE COME BACK TO AMEND THAT PLAN.
OTHERWISE THEY'RE PUTTING FENCE ALL AROUND THE SITE AND THEY'RE PUTTING THAT LANDSCAPE UP AROUND A FICTIONAL NO SIGN.
SO NOW YOU'RE CONSIDERING, YOU KNOW WHAT IT LOOKS LIKE.
IS THE FENCE ACCEPTABLE IN THAT ONE AREA? IS THE LANDSCAPING ACCEPTABLE IN THAT ONE AREA? THAT, THAT, YOU KNOW, THE THINGS ARE GONNA BE UP.
WE'RE NOT GONNA BE CONTROLLING THEM.
YOU SEE WHAT IT IS NOW, IS THAT ACCEPTABLE? I THINK YOU'RE FOCUSING THE RIGHT THING IS THE FENCE.
OKAY, WELL HOW ABOUT NOW A LANDSCAPING DEAD ZONE.
NOW THERE'S A GAP ALONG THE FENCE WHERE THERE IS NO LANDSCAPING.
SO IT MAY MAKE SENSE, ESPECIALLY THERE'S NOT A SIGN THERE TO CONNECT THE TWO SIDES OF LANDSCAPING TOGETHER.
INSTEAD OF JUST HAVING THAT CORNER THAT'S EXPOSED SOMETHING THAT'S CONNECTING THE LANDSCAPE AROUND THAT.
TO CONNECT IT AROUND THE VENT.
WE TOOK ANOTHER ONE OF THOSE AND PUT IT THERE.
THEN YOU WOULD'VE, THEN IT WOULD BE CONTINUOUS ALONG THE FRONT OR ON THE SIDE.
THIS IS, THIS IS, THIS IS NOTHING OVER HERE.
THIS IS THAT AUTOMOTIVE REPAIR PLACE AND THE DEAD END WITH THE CIRCLE ON IT.
AND I DON'T KNOW WHY YOU'D WANT TO SCREEN THAT, BUT YOU KNOW, IT, IT IS SOMETHING THAT'S UP AND WE'VE GOT A CHANCE TO SEE IT.
DO WE THINK IT WOULD LOOK BETTER WITH DEFENSE THEY'RE PROPOSING OR BETTER WITHOUT DEFENSE? THEY'RE PROPOSING BECAUSE REALLY THE, THE ORIGINAL QUESTION WAS, YOU KNOW, THEY PROPOSED FENCE AND WE SAID OKAY, AND NOW THEY DON'T WANT IT.
AND YOU KNOW, SO THIS FENCE, I LIKE THE FENCE.
DO YOU LIKE IT BETTER? THE FENCE IS OKAY.
YOU THINK IT'D BE BETTER WITH THE FENCE THAT IT IS NOW? YES.
SO, SO AT LEAST SO WE, AND I ACTUALLY LIKE WE GOT THERE, THE STYLE FENCE IS MORE TO MY TASTE, NOT THAT'S RELEVANT, BUT I LIKE THE WOOD FENCE RATHER THAN THE OKAY.
BUT I WOULD IMPACT, I THINK I LIKE THE IDEA OF THAT, SO, ALRIGHT.
IS THE LANDSCAPING OKAY? I HAVE SOME RESERVATIONS THAT WE'RE GOING BACK AND CHANGING SITE PLAN, WHICH CHANGES THE CHARACTER OF THE INITIAL SITE PLAN AFTER WE ALREADY GIVE IT THE APPROVAL.
UM, AND IT'S REMOVING SIGNIFICANT PARTS OF LANDSCAPING AND IT'S JUST CHANGING THE AESTHETIC.
SO YOU THINK THAT IT WOULD CHANGE OUR SEE REVIEW AND I MEAN THE ONLY, THE ONLY REASON THERE WAS LANDSCAPING HERE IS 'CAUSE THERE WAS A SIGN.
RIGHT? BUT IT ALL, ALL KIND OF, CHRIS, IT ALL PLAYS INTO THE DECISION.
LIKE IT ALL PLAYED INTO THE DECISION WE MADE WHEN WE VOTED.
AND NOW THAT SIGNIFICANT ASPECTS ARE BEING TAKEN OUT.
WELL THAT'S WHAT I HONESTLY DO NOT, I'M NOT TAKING ONUS WITH TRAILERS UP OR DOWN.
I'M TAKING MORE ONUS WITH THE SITE PLAN.
I, I WILL BE HONEST, I DON'T PARTICULARLY LOVE THAT MAJOR COMPONENTS ARE BEING REMOVED AFTER WE GAVE APPROVAL.
I THINK, I THINK YOU'D BE OKAY IF WE TOOK, RIGHT NOW WE HAVE THREE PLANTING BEDS IN THE FRONT.
BUT DO WE, DO WE KNOW HE'LL BE OKAY? LIKE I KNOW YOU'RE TELLING US YES, BUT IS
I MEAN, BUT HE WAS HOPEFULLY HE'S NOT WATCHING ON LOOKING ON ONE OF OUR FACEBOOK THINGS SAYING CALL ME WITH HIS PHONE NUMBER AND I'M MEETING A COUPLE MEETINGS AGO.
YES, HE WAS, HE WAS TEXTING ME ALSO.
RIGHT? HE WANTED US TO CALL HIM.
HE WANTED, HE WANTED ME TO CALL HIM.
FOR SOME REASON HE THOUGHT THAT I WAS GONNA GET THAT MESSAGE WHILE HE WANTED YOU TO CALL HIM.
I I, IT LOOKS LIKE HE ON COMPLAINING BOARD TO CALL HIM.
I DON'T KNOW IF IT, TOMMY MAY WANTED TO REMOVE HIS PHONE NUMBER.
BUT AS WE JUST CHECKED, IT WAS A TYPE TWO ACTION OR SEEKERS OR THERE'S NO SEEKERS ANYWAY.
BUT YOUR ISSUES YOU'RE TALKING ABOUT ARE STILL VALID.
THEY'RE VALID TO THE, THE ISSUE OF SITE PLAN APPROVAL TALKS ABOUT AESTHETICS, LANDSCAPING, ET CETERA.
SO I THINK THERE'S MORE, THERE'S MORE PLANTINGS IN THESE PLANTING BEDS THAN THERE WAS AROUND THE TIME.
SO IF WE ADDED ANOTHER ONE OF THOSE, THERE'D ACTUALLY BE AN INCREASE PROBABLY IN LANDSCAPING THAN WHAT WE HAD ON THE ORIGINAL SITE PLAN.
AND I THINK YOU'D BE OKAY WITH THAT.
SO THE ACTION BEFORE YOU IS TO APPROVE A REVISED SITE PLAN.
AND IF YOU WANNA PLACE ANY CONDITIONS ON THAT REVISED SITE PLAN, THE NEW ONE YOU SEE IN FRONT OF YOU NOW, DO YOU WANT TO APPROVE IT TO REVISED SITE PLAN WITH ANY CONDITIONS PLACED ON THE REVISED KNOWING THAT DON'T TRY TO MAKE CONDITIONS ON OPERATION BECAUSE THEY CAN'T BE ENFORCED BY BILL.
I MEAN, I THINK WE WANNA SEE A REVISED LANDSCAPING FOR THE CORNER.
YOU WANT, DO YOU WANT ME TO COME BACK TO ADD ONE MORE OF THOSE AND SHOW YOU IT? YOU CAN MAKE THAT A CONDITION.
AS OPPOSED, RIGHT? YEAH, ON THE NORTHWEST YOU CAN MAKE A CONDITION AND CAITLIN, IF YOU WANNA SEE IT OR IF THE CONSERVATION BOARD WANTS TO SEE IT TO FINALIZE IT, YOU CAN DO THAT INSTEAD OF COMING BACK.
[01:20:01]
IF THEY PUT WHAT I WROTE.SO COME THEY HAVE TO COME BACK FROM A SIGN.
THEY EXTEND THE FENCING AT ANY POINT IT NEEDS TO COME BACK TO US.
ANY CHANGES TO THE FENCING? OKAY.
YEAH, I, YEAH, I MEAN IF THERE'S ANY CHANGES ON THE SITE AT ALL, THEY HAVE TO COME BACK, YOU KNOW, WHETHER WE ADD OR SUBTRACT OR WHATEVER.
AND, AND WHAT I WROTE FOR, FOR LANDSCAPING, ADDITIONAL LANDSCAPING ISLAND, THE SAME AS THE ONES ALONG MCKINLEY ADDED ALONG THE FENCE AT THE NORTHWEST CORNER RIGHT IN LINE WITH THE OTHER THREE.
I THINK I'D RATHER SEE IT AN ANGLE GOING AROUND THE CORNER LIKE CAROL'S THE FENCE.
YEAH, THAT'S WHY I SAID ALONG THE FENCE.
I MEAN, AND I SO DREW THE TOWN CODE SPECIFIES SOME SORT OF REQUIREMENT ON MAINTAINING THAT LANDSCAPING.
'CAUSE WHAT I ALSO DON'T WANNA SEE IS YES, THE CODE REQUIRES TO SEE LANDSCAPING.
LIKE WE HAVE UP SOUTH PARK HERE, FIVE, FIVE YEARS.
BUT THERE IS A REQUIREMENT THAT THEY MAINTAIN IT IF A TREE DIES AT TO REPLACE IT, THAT IS IN THE CODE.
SO I'M GOING TO MAKE A MOTION TO APPROVE THE REVISED SITE PLAN OF LOE TRAILERS WITH THE FOLLOWING CONDITIONS.
ONE, IF THEY WANT TO ADD A SIGN, THEY'LL HAVE TO COME BACK TO THE PLANNING BOARD FOR REVIEW.
TWO, AN ADDITIONAL LANDSCAPE ISLAND WILL BE REQUIRED.
THE ISLAND WILL BE THE SAME AS THE ONES PUT IN ALONG MCKINLEY, BUT WILL BE, UH, ADJACENT TO THE NORTHWEST CORNER OF DEFENSE.
AND THREE, ANY ADDITIONAL CHANGES TO FENCING WILL REQUIRE PLANNING BOARD APPROVAL.
SO ONE OPPOSED? WHO'S OPPOSED, MEGAN.
ALRIGHT, NEXT ITEM ON THE AGENDA IS BLOOM CREATIVE ARTS REQUESTING A SPECIAL USE PERMIT AND SITE PLAN APPROVAL OF A PROPOSAL TO UTILIZE A VACANT BUILDING LOCATED AT 3 6 7 4 COMMERCE PARKWAY FOR A PRESCHOOL.
NOW THE ZONING BOARD DID A LOT OF, UH, WORK ON THE SITE PLAN.
YOU WANNA KIND OF CATCH US UP WITH WHAT THE ZONING BOARD DID THIS WEEK.
ZONING BOARD APPROVED THE VARIANCE, ALL OF THEIR VARIANCES WITH ONE CONDITION ON THE LOCATION, ON THE FACT THAT IT'S IN THE FRONT YARD.
AND THAT IS THAT THE PLAN THAT THEY PRESENTED, WHICH SHOWS THESE BOULDERS ON THE SOUTH SIDE ON, ON THE, ON THE OUTSIDE OF THE FENCE BETWEEN COUNTER AND BETWEEN COUNTER DEFENSE, UM, BE PREPARED AND SIGNED BY A LICENSED ARCHITECT OR ENGINEER.
AND THAT HAS TO BE PROVIDED TO THE BUILDING DEPARTMENT BEFORE THEY OPEN.
AND THEY'VE ALREADY STARTED ON THAT.
THEY'VE ALREADY GIVEN US A SCHEMATIC OF WHAT THE FOLDERS ACTUALLY, WHAT THE DIMENSIONS ARE.
AND, AND WITH THE ZONING BOARD GIVING THAT VARIANCE, THERE'S NOT A LOT OF, A LOT OF CHANGES WE COULD MAKE WITH THE SITE PLAN.
UM, OUR, I IN MY OPINION, OUR REAL BIG QUESTION TODAY IS GONNA BE THE SPECIAL USE PERMIT.
I THINK THE ZONING IS, THERE'S, THERE'S NOT A LOT OF CHANGES WE CAN MAKE TO THAT EVEN IF WE HAD CHANGES.
DO WE HAVE A COPY OF THE ACTUAL ZONING BOARD AUTHORIZATION WITH THAT WRITTEN? NO, IT JUST HAPPENED LAST NIGHT.
WHEN YOU YEAH, BOB WAS THERE TOO, RIGHT? WAS THERE, YEAH.
CAN WE, FOR THE FILE, HAVE THOSE CIRCULATED TO US WHENEVER THEY'RE ISSUED? YEAH, THAT WON'T BE FOR ANOTHER MONTH.
THE MINUTES AREN'T APPROVED UNTIL, 'CAUSE THEY DON'T A ONE MINUTE COPY OF THE APPROVAL.
I'M ASSUMING THEY HAVE WHATEVER WAS ISSUED.
NO, THEY, WELL, YOU KNOW, WE, I THINK WE DO SEND THEM A LETTER SAYING THAT THEY'RE APPROVED.
YOU USE A COPY OF THE LETTER SAYING WHATEVER THE DECISION WAS.
I THINK THE CHAIRMAN, I THINK THE CHAIRMAN SAID THEY'LL GET A LETTER BY FRIDAY.
I BELIEVE THAT HE SAID WHAT HE DOES IN THE BEGINNING OF THE MEETINGS, HE SAYS IF YOU'RE COMING IN OR PERMIT WAIT TILL FRIDAY, BECAUSE IT TAKES THAT LONG FOR THE INFORMATION TO GET FROM ME TO THEM THAT SOMETHING
[01:25:01]
IS APPROVED THAT DOESN'T AFFECT THESE, THE LETTER WILL GO OUT.I DON'T, I DON'T DO IT ANYMORE, BUT I THINK IT WILL GO OUT TOMORROW OR THE NEXT TERM.
MY QUESTION BECAUSE WE, WE'VE GOTTA DEAL WITH A SPECIAL USE PERMIT AND THE PLAY SIZE AREA.
AND I, I THOUGHT I, I HAD THE ANSWERS TO THESE QUESTIONS, BUT AS WE KIND OF GO ON, I FEEL LIKE I'M GETTING CONFUSED AGAIN.
HOW IS THIS DIFFERENT THAN A REGULAR PRESCHOOL? OKAY, I CAN ANSWER THAT.
SO WHAT'S 44? 10 44 10 IS A TYPE OF PROGRAM THROUGH NEW YORK STATE DEPARTMENT OF EDUCATION.
SO IT'S A, ACTUALLY IT'S A 183 PAGE DOCUMENT THAT I NEEDED TO SUBMIT TO STATE ED.
UM, AND, AND A AND A REGULAR PRESCHOOL WOULDN'T HAVE TO SUBMIT THIS.
SO, UM, BASICALLY IT IS, IS A, MY PLAN FOR PROVIDING SPECIALIZED SERVICES TO CHILDREN WITH SPECIAL NEEDS, SPECIFICALLY CHILDREN WITH AUTISM, SENSORY PROCESSING DISORDER, DOWN SYNDROME, THINGS LIKE THAT.
THINGS LIKE THAT FOR A CENTER-BASED PROGRAM.
UM, THESE ARE FOR CHILDREN WHO ARE, ARE, CANNOT CUT IT IN TYPICAL DAYCARE OR PRESCHOOL.
SO, UM, THE CHILDREN WHO TYPICALLY COME TO US, UM, HAVE GOTTEN KICKED OUT OF AREA DAYCARES, UM, BECAUSE THEY CAN'T HANDLE THEIR NEEDS.
UM, AND SO WHAT HAPPENS IS THEY GET REFERRED FOR AN EVALUATION THROUGH THE SCHOOL DISTRICT.
SO THEY CONTACT THE SCHOOL DISTRICT.
THE SCHOOL DISTRICT, UM, PROVIDES EVALUATIONS, AN AREA OF EDUCATION PSYCHOLOGY, A SPEECH LANGUAGE PATHOLOGY, PHYSICAL THERAPY, OCCUPATIONAL THERAPY, SOMETIMES MUSIC THERAPY.
UM, THEY GO THROUGH THE EVALUATION PROCESS, THE BOARD OF SPECIAL EDUCATION OF THE DISTRICT MEETS ON THOSE CHILDREN AND DECIDES HOW CAN WE BEST SERVE THESE CHILDREN IN THE LEAST RESTRICTIVE ENVIRONMENT.
SO WHAT THAT MEANS IS THAT SOME KIDS WHO MAYBE JUST GET RECOMMENDED FOR SPEECH OR OT AND THEIR THRIVING IN THEIR TYPICAL PRESCHOOL ENVIRONMENT CAN CONTINUE TO GO TO THAT PRESCHOOL.
UM, BUT THERE ARE CHILDREN WHO HAVE SPEECH OT AND NEED SPECIAL EDUCATION SERVICES LONGER THAN TWO HOURS PER WEEK THAT REQUIRE MORE INTENSIVE SERVICES.
SO ALL OF OUR KIDS GET RECOMMENDED TO US, REFERRED TO US FROM THE SCHOOL DISTRICT.
SO IF A, A FAMILY CONTACTS ME AND SAYS MY CHILD HAS SPEECH, OT AND SPECIAL ED AND I WANNA ENROLL THEM AT BLOOM, I SAY YOU HAVE TO CONTACT THE SCHOOL DISTRICT.
SO THAT INCLUDES YOUR INTEGRATED CLASSROOMS THAT YOU SPOKE ABOUT EARLIER, THAT YOU HAVE TWO INTEGRATED IN THE INTEGRATED CLASSROOMS, THE 10 IEPS IN THOSE CLASSROOMS. 'CAUSE THEY'RE TEN ONE ONES.
NOW, WHAT WE ARE DOING THAT'S SPECIAL IS THAT, AS YOU HAD SAID, MEGAN, IS THAT WE ARE PROVIDING AN INTEGRATED ENVIRONMENT, WHICH I WANNA CIRCLE BACK TO THE LEAST RESTRICTIVE ENVIRONMENT PHRASE THAT I USED BEFORE.
UM, IT'S KIND OF SCAFFOLDED IT, RIGHT? SO IF YOU ARE A CHILD WITH SPECIAL NEEDS, SOMETIMES YOU'RE PLACED IN SAY A 6 1 3, WHICH MEANS THAT YOU ARE WITH SIX, UM, STUDENTS WHO ALL HAVE IEPS.
YOU HAVE ONE SPECIAL EDUCATION TEACHER AND YOU HAVE THREE TEACHING ASSISTANTS TO HELP YOU THROUGHOUT THE DAY.
THIS BUILDING WOULD PROVIDE THAT SERVICE.
SO IT'S A SELF-CONTAINED CLASSROOM.
ONLY CHILDREN WITH IEPS, ONE SPECIAL ED TEACHER AND ONE TEACHING ASSISTANT.
AND THEN NOW WE HAVE OUR INTEGRATED PROGRAM, WHICH IS A TEN ONE ONE.
SO IT'S 10 CHILDREN WITH IEPS, ONE SPECIAL ED TEACHER, ONE TEACHING ASSISTANT MATCHED BY TYPICALLY DEVELOPING PEERS.
AND THIS IS KIND OF WHERE THE MAGIC HAPPENS.
SO LIKE WE REALLY DON'T WANT TO PUT THEM IN AN ENVIRONMENT, UM, WITH KIDS WHO ALL HAVE IEPS AND SPEECH PROBLEMS AND BEHAVIOR PROBLEMS IF THEY, UM, CAN LEARN FROM PEERS WHO ARE TYPICALLY DEVELOPING.
BECAUSE REALLY THAT'S, UM, RESEARCH HAS SHOWN THAT WHEN, UM, CHILDREN LEARN FROM OTHER CHILDREN, UM, THEY CATCH ONTO IT FASTER 'CAUSE THEY'RE SEEING AN APPROPRIATE MODEL THAT IS JUST LIKE THEM.
RIGHT? SO THE INTEGRATED ENVIRONMENT DOES HAVE TYPICALLY IN, UH, DEVELOPING PEERS.
SO, UM, THE TEN ONE ONE CLASSROOMS WOULD BE ABLE TO ENROLL NINE PRESCHOOL STUDENTS WHO COULD CALL AND SAY WE WANT TO ENROLL IN THIS PRESCHOOL PROGRAM FROM EIGHT 30 TO TWO 30.
UM, AND THERE'S TWO ROOMS DEDICATED TO THAT.
SO IT COULD POSSIBLY UP BE UP TO 18, TYPICALLY DEVELOPING CHILDREN WHO COULD PRIVATELY ENROLL AND ARE EIGHT 30 TO TWO 30 PROGRAM.
AND THEN WILL IT BE WRAPAROUND CARE OFFERED FOR THOSE CHILDREN? YES.
[01:30:01]
UM, BUT OUR WRAPAROUND CARE IS, YOU KNOW, IT IS IT, UH, CASE BY CASE.SO CAN YOU REMIND ME, SO THE TOTAL MAXIMUM ENROLLMENTS, SO THE TOTAL MAXIMUM NUMBER OF STUDENTS YES.
OF ANY VARIETY THAT YOU MAY HAVE ON SITE AT ANY GIVEN TIME.
IS, IS, UM, WELL WE, WE JUST GOT SOME MORE INFORMATION ABOUT THAT.
SO IT'S 19 AND 19 AND THEN, OKAY, SO 24.
SO YOU MAY HAVE 62 KIDS ONLINE ON SITE.
AND THEN LAST TIME YOU WERE IN FROM, AS YOU TOLD US, YOU WERE ANTICIPATING 18 TO 20 STAFF ON SITE AS WELL? UH, YES.
AND WHAT'S THE SIZE OF THE OUTDOOR RECREATION AREA? 24 OR HIGHER SQUARE FEET.
SO WHAT IS THE REQUIREMENT? I KNOW THERE'S REQUIREMENTS.
YES, I HAVE, I HAVE KIDS IN DAYCARE.
WHAT IS THE REQUIREMENT FOR OUTSIDE OR RECREATIONAL TIME FOR THIS? THE KIDS ON A GIVEN DAY.
SO WHAT, WHAT TIME THEY'RE SUPPOSED TO BE OUTSIDE.
I MEAN, WHAT, OR WORK, I MEAN I KNOW IT'S LIKE GYM VERSUS OUTDOOR.
I MEAN THERE'S GROSS WATER TIME, RIGHT? SO, SO WHAT IS THE, HOW MUCH TIME DO THOSE KIDS NEED TO HAVE OUTSIDE DURING THE DAY? A MINIMUM OF 30 MINUTES.
AND THAT APPLIES TO YOUR STUDENTS AS WELL AS OTHER STUDENTS, RIGHT? RIGHT.
AND WHAT'S UM, WHAT'S SPECIAL ABOUT THAT IS THAT WE'RE REGULATED BY NEW YORK STATE, UM, DEPARTMENT OF CHILDREN AND FAMILY SERVICES, OCFS, UM, WHICH IS HIGHLY REGULATED.
UM, AND THEIR REGULATIONS STIPULATE THAT GROUP SIZE.
UM, THERE'S ONLY ONE GROUP ALLOWED ON THE PLAYGROUND AT A TIME.
SO I CAN'T MIX, UM, MY, MY SKI CLASSROOM, I'M SORRY, MY INTEGRATED CLASSROOM WITH MY 8 1 1 CLASSROOM.
SO MEANING AT MAX WE'RE ALLOWED TO HAVE THAT GROUP SIZE OF 19 ON A PLAYGROUND AT ONE TIME.
AND DOES OCFS REGULATE A MINIMUM AMOUNT OF GROSS MOTOR SPACE NEEDED OR WHAT THE APPROPRIATE CAPACITY IS TO ALLOW KIDS TO TO TO RUN, TO JUMP TO PLAY? IF YOU ARE HAVING NINE, SO IF THERE'S 19 KIDS PLUS SOME STAFF, HOW MUCH SPACE DOES OCFS THINK THAT THEY NEED IN ORDER TO DO THAT? THEY, UM, STIPULATE THAT THEY HAVE ACCESS TO A GREEN SPACE EITHER ON ONSITE OR WITHIN WALKING.
DREW DOESN'T OUR TOWN CODE HAVE A, IT SAYS A HUNDRED SQUARE FEET PER CHILD.
THREE AND OLDER FIVE FEET PER IT DOES, BUT THEY GOT A VARIANCE.
SO THEY HAVE, BUT IF THEY HAVE 19 STILL THE TOWN CODE? YES.
SO IF THEY HAVE 19 AT A TIME AND THEY HAVE 2,400, THAT'S ENOUGH SPACE FOR 24.
IS IT 2,400 IN ONE SPACE? IT'S, I THOUGHT IT WAS SPLIT BETWEEN TWO SPACES THEY HAD AT ONE TIME.
IT'S SPLIT BETWEEN, THAT WAS WHEN WE WERE TRYING TO GET IT TO THE MAXIMUM POSSIBLE, WHICH WOULD'VE ADDED YOU DID SWITCH BACK TO.
SO 2,400 IS WHAT WE COULD SAFELY USE IT THAT, IN THAT AREA BETWEEN COMMERCE AND, UH, THE BUILDING.
SO THERE WOULD'VE BEEN TWO VARIANCES YOU WERE EARLIER REQUESTING.
THE ONE WAS, I FOLLOWED NOW FOR THE FRONT YARD.
AND ONE WAS FOR THE AREA SIZE.
BUT YOU GOT MORE SO I, THEY GOT ALL, WE GOT.
BUT YOU, THAT WAS WHEN YOU, WHEN YOU APPLIED.
SO I GUESS MY QUESTION IS, AND I, YOU KNOW, I I HAVE A VERY GOOD FRIEND WHO'S GOT A KID SIMILAR AGE TO MINE WHO HAS, A'S A CHILD, WHO HAS SENSORY CROSSING DISORDER, WHO HAS, WHO HAS AUTISM, WHO SON WITH JUST DIAGNOSIS.
AND SOME OF THOSE KIDS NEED A LOT OF GROSS MOTOR STIMULATION AND SPACE.
I GUESS, CAN YOU TALK ABOUT HOW, WHAT WE DO ON SNOWY DAYS, HOW, WHAT ARE YOU GONNA DO EVEN OUTSIDE, HOW ARE YOU, HOW DO YOU FEEL COMFORTABLE MANAGING 19 KIDS WHO ARE GONNA VARY FROM NEEDING MORE SPACE AND NEEDING LESS SPACE? YES.
HOW, HOW DO YOU MAKE THAT WORK IN THE SPACE YOU HAVE AOT OF, I GUESS IS THE QUESTION.
SO, UM, IT'S, IT'S, THANK YOU FOR BRINGING THAT UP.
UM, BECAUSE THAT'S WHAT WE CARE ABOUT IS THE NEEDS OF THESE CHILDREN AND HOW, LIKE, HOW IS THIS GONNA BE APPROPRIATE FOR 'EM? UM, SO GROSS MOTOR TIME IS NOT JUST RUNNING RIGHT? RIGHT.
UM, SO, YOU KNOW, BEING OUTSIDE IN A PLAY AREA, YES, WE HAVE TRICYCLES.
THERE'S A LITTLE SIDEWALK WITHIN THE FENCED IN YOUR AREA WHERE THEY CAN RIDE THEIR TRICYCLES.
WE HAVE A GROSS MOTOR ROOM INSIDE OUR, OUR PLANS FOR THEM TO ALSO MOVE AND GROOVE, UM, SENSORY PROCESSING DISORDER SPECIFICALLY.
UH, WE TALK A LOT ABOUT HEAVY WORK.
AND THAT GETS OUT THE STIMULATION.
I'M GONNA KIND OF GEEK OUT ON YOU HERE.
ONE OF THE PROGRAMS THAT WE USE IS ZONES OF REGULATION AND ZONES OF REGULATION TARGETS.
THE SIGNALS THAT OUR BODIES ARE SENDING THEM AND GIVING SPECIFIC TOOLS
[01:35:01]
THAT WE CAN USE, UM, TO MEET THOSE NEEDS OF OUR BODIES.UM, SO THAT WAY WE'RE, WE'RE MEETING THE PHYSICAL NEEDS.
UM, AND SOMETIMES IT'S AS SIMPLE AS WE, WE LIKE TO CALL IT LIKE HEAVY WORK WHERE WE PLAY A GAME AND WE PUT BLOCKS IN A PILLOWCASE AND THEN WE GO ON A HUNT WITH OUR PILLOWCASE.
AND WHEN THEY'RE LIFTING UP THOSE HEAVY BLOCKS AND THEY'RE WALKING WITH IT, IT'S ACTUALLY STIMULATING THEIR BODY IN WAYS THAT EVEN JUST RUNNING ON A PLAYGROUND CAN'T.
UM, THEIR WALKING IS A BIG ONE.
SO WE'LL DO OBSTACLE COURSES, UM, LOG ROLLING, YOU KNOW, ALL OF THESE THINGS.
AND WE HAVE PHYSICAL THERAPISTS RIGHT ON STAFF OCCU, OCCUPATIONAL THERAPISTS.
AND IT'S, IT'S PART OF OUR PROGRAMMING.
IT'S WHY IT'S SPECIALIZED AND IT'S WHAT WE'RE GOOD AT.
DOES THAT ANSWER YOUR QUESTION? YEAH.
SO HOW BIG IS THE, SO YOUR INDOOR, YOUR GROCERY I'M GONNA BE COURSE, BUT IT IT IS LIKE A GYM.
I MEAN IN TERMS OF FUNCTION YES.
IT'S RECREATIONAL WORK THAT OUT.
HOW BIG IS THE INDOOR RECREATION SPACE? SORRY, I'M ASKING YOU HARD QUESTION.
20, 20 BY 20 OR SOMETHING, OR NO, IT'S, I MEAN IT'S 16.
I THINK IT'S ABOUT 250 SQUARE FEET.
DOES THE STATE REGULATE ALL THIS STUFF YOU'RE TELLING US? YES.
SO YOU, WHY ARE YOU CONCERNED ABOUT IT? WITH OUR PLANNING BOARD, I WANNA MAKE SURE THAT WE ARE, THAT WHEN WE ISSUE A SPECIAL USE PERMIT, THAT SO THEY'VE GOT A VARIANCE FROM THE CODE.
I JUST WANNA MAKE SURE THAT, AND SHE'S ANSWERING THE QUESTIONS THAT WE ARE, WE ARE AUTHORIZING SOMETHING THAT SHE CAN EXECUTE.
AND SO FAR SHE'S, BUT THE, THE STATE REGULATES THESE TOO.
WELL, THEY DO WHAT I'M SAYING.
WE DON'T HAVE TO BECAUSE THE STATE TELLS 'EM THERE'S, THEY DO IT.
DOUG, IN MY OPINION, I'M JUST SPEAKING FOR ME BECAUSE THE TOWN CODE SAYS A CERTAIN AMOUNT OF SQUARE FEET FOR CHILDREN AND THEY'RE, THEY'RE NOT GONNA MEET THAT IF WE'RE GONNA GIVE THEM A SPECIAL USE PERMIT.
WE HAVE TO DISTINGUISH IT FROM A REGULAR PRESCHOOL.
AND THAT'S WHAT WE'RE TRYING TO GET AT.
WHAT, WHAT MAKES THIS DIFFERENT AND HOW, AND HOW WE CAN, HOW, HOW WE CAN SAY THIS IS DIFFERENT.
UM, 'CAUSE YOU KNOW, ONE OF THE CONCERNS I WOULD HAVE SAY, SAY WE DID APPROVE THIS AND THEN YOU SOLD IT.
SOMEBODY WANTED TO DO A REGULAR PRESCHOOL.
WE'D SAY, NO, THAT'S NOT BIG ENOUGH IN OUTDOOR AREA.
SO, SO HOW WOULD YOU DEFINE IF, IF WE SAID IS IS, IS ALL OF IT UNDER THIS 4 4 44, 10 44 10? UM, IS THAT, IS THAT LIKE THE UMBRELLA THAT ENCOMPASSES ALL OF IT? SO IF WE SAY, UM, WHERE WE GOT IT, UM, YOU KNOW, UTILIZE THE EXISTING BUILDING FOR PRESCHOOL AND SCHOOL AGED CHILDREN CHILDCARE, THAT, THAT, UH, IS AUTHORIZED UNDER 44 10.
WOULD THAT BE AN ACCURATE DEFINITION OF WHAT YOU'RE LOOKING FOR IT? I MEAN, YOU KIND OF HIT SOMETHING RIGHT ON THE HEAD, WHICH IS THAT LIKE THIS IS THE FIRST 44 10 IN HAMBURG.
UM, AND THERE IS NOTHING THAT REALLY DEFINES US.
UM, SO I WOULD SAY THAT THAT'S ACCURATE.
UM, NOW THERE'S OTHER 44 TIMES IN NEIGHBORING MUNICIPALITIES THOUGH, CORRECT? NEIGHBORING, YEAH.
SO, UM, IN FACT WE, WE HAVE ONE IN DERBY, WE HAVE ONE IN KENTON, WE HAVE ONE IN GRAND ISLAND.
THERE'S SOME IN NIAGARA FALLS, THERE'S SOME IN SPRINGVILLE.
UM, AND THE CITY OF BUFFALO, THERE'S OTHER AGENCIES THAT ALSO RUN PRESCHOOL PROGRAMS. YES.
SO THE OTHER, I GUESS THE OTHER THING I WOULD SAY IS, IS PARENT OF DAYCARE AGE CHILD, IS THAT I THINK ONE OF THE THINGS THAT IS MAYBE NOT WELL DEFINED IN THE CODE IS WHAT YOU HIT ON EARLIER, WHICH RESONATES WITH THINGS I WATCH HAPPEN WHERE I SEND MY KIDS IS THAT THEY ONLY HAVE ONE AND WE'VE BEEN AT TWO DIFFERENT ACRES.
YOU ONLY ARE ALLOWED TO HAVE ONE CLASSROOM OUT AT A TIME.
SO PERHAPS THE NUMBER OF CHILDREN WE'RE TALKING ABOUT THAT NEED TO BE OUT IN THE SPACE ISN'T 62, IT'S 19.
AND THAT'S A DIFFERENT CALCULATION.
AND I WOULD RATHER HINGE ON THAT.
BECAUSE THAT CLEARLY HITS THE 2,400 SQUARE FEET.
PLUS THEY ALSO HAVE THE 250 FEET OF INDOOR SPACE.
AND WE, AND WE NOTE THAT, THAT IN MY MIND, FROM A PRACTICAL FUNCTIONAL STANDPOINT, IF WE'RE TALKING ABOUT 19 KIDS AT A TIME, A HUNDRED SQUARE FEET, 2,400 SQUARE FEET.
THAT TO ME MAKES SENSE BECAUSE IT ALSO IS SIMILAR TO, BUT IF IT WASN'T THE 44 10, YOU WOULDN'T HAVE THAT RESTRICTION FOR HOW MANY KIDS WOULD BE OUTSIDE.
THEY CAN'T, YOU CAN'T MISS CLASSROOMS AND REGULAR DAY KIDS.
WILL THAT ALLOW ENOUGH TIME FOR ALL THE STUDENTS TO GET OUT AND PARTICIPATE OUTSIDE? HOW MANY CLASSROOMS DO YOU HAVE? THEY HAVE FIVE.
I I'M JUST SAYING IF THEY GOT, IF THEY GOT FIVE, WE HAVE A CLASSROOM SCHEDULE.
WE HAVE CLASSROOM SCHEDULE THAT EVERYONE HAS TIME AT DIFFERENT HEIGHT.
WE ACTUALLY, YEAH, WE DID SUBMIT THE, THE CLASSROOM SCHEDULE BUT HAD FIVE CLASSROOMS AT TWO AND A HALF HOURS.
[01:40:01]
'CAUSE HALF AN HOUR OUTSIDE.WE SUBMITTED THE CLASSROOM SCHEDULE.
IT WAS IN OUR FIRST IT MIGHT BE HELPFUL TO SHARE YOUR HOURS OF OPERATION.
EIGHT 30 TO TWO 30 IS BECAUSE I ASKED ABOUT THE WRAPAROUND YES.
UM, WHAT IS THE MOST, THE DATE OF THE MOST RECENT SITE PLAN? 'CAUSE I CAN'T SEEM TO FIND THE ONE REMOVING THE SECOND PLAY AREA.
WHERE'S THE BEST FIRST ONE WE HAD, THAT WAS THE SECOND PLAY AREA WAS JUST A, IT WASN'T SUBMITTED TO THE SAME PLAY AREA.
IT WAS JUST, IT WAS JUST A, IF WE, UM, IF WE WERE TRYING TO, IF WE WERE TRYING TO MAXIMIZE IT TO RIGHT.
GET TO A LARGER, SO TO DO ANOTHER ON THE OTHER SIDE.
BUT THE ENGINEERED STRUCTURE YOU NEED TO PUT OUTSIDE THE PLAY AREA, IS THAT GOING TO INTERFERE WITH THE 2,400 SQUARE FEET YOU HAVE ANTICIPATED IN THE PLAY AREA? NO.
THERE IS NO, BECAUSE WE, THE END OF OUR FENCE, THERE'S STILL 30 FEET BETWEEN DEFENSE AND COMMERCE.
UM, THERE'S A RIGHT OF WAY FOR NATIONAL FUEL AND ALL.
THAT'S WHAT I WAS TRYING TO SEE ON WATER.
BACK TO THAT THEN YOU WERE ASKED BY THE ZONING BOARD TO PUT THESE ENGINE, THE BIG ROCKS ENGINEER STRUCTURES.
ARE YOU ALLOWED TO PLACE THOSE ON TOP OF THE NATIONAL FUEL AND OTHER RIGHT OF WAYS OR DOES THAT AFFECT THE ACCESS AND THE TERMS OF THE EASEMENT FOR THOSE? I MEAN, THAT WOULD BE MY OTHER QUESTION.
SO THE ZONING BOARD ASKED YOU FOR THOSE, IS THAT ALLOWED TO HAPPEN OR IS THAT 'CAUSE THEY'RE GONNA HAVE TO BRING SOMETHING SO IF THERE'S A BE REQUIRED SO THEY CAN'T GET A BUILDING PERMIT WITHOUT 'EM.
WELL, WELL THAT'S WHAT I'M SAYING IS I DON'T KNOW THAT THE ZONING BOARD POTENTIALLY IS REQUIRING TO DO SOMETHING THAT CAN'T BE DONE BECAUSE OF THE TERMS OF NATIONAL FUEL.
BUT IF IT CAN'T BE DONE, THEN THEY CAN'T GET A BUILDING PERMIT.
WELL THAT'S WHAT I'M SAYING IS PERHAPS THIS NEEDS TO GET BACK TO THE ZONING.
WELL, RIGHT NOW, IGNORING FOR THE ROCK, THEY CAN'T, IF THEY COULDN'T DO IT, THEY COULDN'T OPEN.
IT'S NOT TIED TO THE BUILDING PERMIT.
BUT, BUT IF, IF WE DID ALL THE APPROVALS AND THEY COULDN'T DO THE ROCKS, THEY THEY STILL CAN'T OPEN.
WELL THAT'S WHAT I GUESS I'M SAYING IS DID ANYBODY RAISE THE FACT THAT, WELL I THINK THAT'S WHY DON'T HAVE, BECAUSE I THINK THAT'S WHY WE WENT WITH THE ROCKS IS BECAUSE THEY CAN BE BECAUSE YOU, BECAUSE YOU CAN REMOVE THEM.
BUT THEY'RE, BUT THEY'RE, BUT I GUESS I'M SAYING IS YOU WOULDN'T BRING THAT EQUIPMENT TO MOVE THEM TO THE GAS MAIN.
UM, NO, I, YEAH, I KNOW WHAT YOU'RE SAYING.
UM, WE WERE, 'CAUSE THERE WAS OTHER OPTIONS THAT WERE BUILDING A BRICK WALL OR PUTTING IN SOME BALLARDS, WHICH WOULD BE SOMETHING THAT WOULD BE PERMANENT.
WHICH WOULDN'T, I GUESS WHAT I, I'M TELLING YOU BASED ON MY PERSONAL PROFESSIONAL EXPERIENCE IS, IS THAT YOU WOULD NEED TO LOOK AT THE TERMS OF THE EASEMENT WITH NATIONAL FUEL.
YOU MAY NOT BE ALLOWED TO PUT ANYTHING THERE.
MY I AND THAT I, I WOULD RECOMMEND SOMEBODY REVIEW THAT.
YOU MAY NOT BE ABLE TO PUT ANY OF THOSE THINGS INTO THAT EASEMENT BECAUSE OF THE WAY THOSE EASEMENTS ARE STRUCTURED AND WHAT THEY NEED TO GET.
YOU MAY BE ABLE TO, BUT THAT'S, THAT'S OUTSIDE OF ALL RIGHT.
WE'LL PLAN ON IT, BUT, BUT WE'LL ALSO CHECK.
AND THEN WE WERE OUR, I KNOW AT LEAST UM, LAST TIME YOU WERE PROMISED I WAS ASKING ABOUT YOUR ANTICIPATED PLAN FOR ARRIVAL AND DISMISSAL.
AND THAT YOU WERE GONNA HAVE 18 TO 20 EMPLOYEES THERE AT ANY ONE TIME.
SO YOU WOULD HAVE 18 PARKINGS SPOTS THEORETICALLY TAKEN UP BY THEM.
AND NOW AN ADDITIONAL 18 STUDENTS BEING, I'M ASSUMING BECAUSE THEY'RE PRIVATE PAY, THEY'RE BEING TRANSPORTED BY THEIR PARENT OR GUARDIAN, THEY'RE NOT BEING TRANSPORTED BY THE SCHOOL DISTRICT.
DO YOU HAVE AN ADDITIONAL 18 CARS COMING IN THROUGH THE PARKING LOT AT THE SAME TIME? BUSES ARE POSSIBLY COMING IN BECAUSE THEY'RE ALL DROPPING OFF AT EIGHT 30.
SO I'M JUST TRYING TO GET SOME CLARIFICATION.
SO, UM, AND THAT'S A LOT OF LITTLE HUMANS WITH MAYBE NOT THE BEST IMPULSE CONTROL.
UM, AS A MOM OF LITTLE ONES, SO TYPICALLY, UM, NEUROTYPICAL OR NOT, THEY DON'T HAVE GRADE IMPULSE CONTROL, THREE TO FIVE
UM, UH, TYPICALLY THE, THE PEERS THAT ATTEND OUR PROGRAM ARE SIBLINGS.
SO IT'S THE SAME TRAFFIC THAT WOULD BE THERE REGARDLESS.
UM, SO, UM, SO YOU DON'T EXPECT TO HAVE, DO YOU HAVE 18 ADDITIONAL COLLEGE FOR THOSE KIDS BEYOND THE OTHER? IT'S TYPICALLY SIBLINGS AND STAFF KIDS.
SO THOSE CARS ARE ALREADY PLANNED FOR, BUT NOT TO MENTION THERE'S PLENTY, THERE'S 20, THERE'S 20, 27, 27 DESIGNATED DEDICATED TO, UH, YEAH.
BUT I'M ANTICIPATING YOU'RE GONNA HAVE LIKE, UM, SCHOOL DISTRICT SITES LIKE, UM, SUPERVISORS STOPPING BY TO DO VISITS AND CHECK ON KIDDOS AND, UM, NOT EVEN THE SCHOOL DISTRICTS, BUT YOU'LL HAVE THE CCPS E LIKE, UM, PARENT ADVOCATES OR FAMILY ADVOCATES THAT SHOW UP AND CHECK ON THE SITES.
AND, AND I'M ANTICIPATING YOU'LL HAVE THOSE SPACES THROUGHOUT THE DAY BEING USED.
LIKE PEOPLE BE COMING IN AND OUT.
UM, SO USUALLY WHAT WE DO IS WHENEVER WE HAVE A VISITOR THAT NEEDS TO COME INTO ONE OF OUR PROGRAMS, THEY CALL OUR ADMINISTRATIVE ASSISTANT.
SO SHE WOULD NEVER SCHEDULE, YOU KNOW, LIKE
[01:45:01]
EIGHT DIFFERENT DISTRICT CHAIRS OR, YOU KNOW, UM, AND DO YOU HAVE AN ARRIVAL AND DISMISSAL PLAN IN PLACE WITH THOSE BUSES THAT YOU CAN SUBMIT TO US? I'M JUST MORE CONCERNED OF THE SAFETY PART OF IT BECAUSE WHEN YOU HAVE MM-HMMTHE EIGHT BUSES, OR YOU HAVE 10 BUSES PULLING UP APART FROM ANY SCHOOL DISTRICTS, YOU ANTICIPATE RECEIVING CHILDREN FROM UM, THREE IN THIS AREA.
SO ONLY THREE BUSES WILL BE PULLING UP FOR ALL OF THE SPECIAL NEEDS CHILDREN YOU'LL BE GETTING.
UM, TYPICALLY IT'S, YEAH, THERE'S USUALLY 12 ON A BUS AND NOT EVERYONE BUSES.
SO I'M JUST ASKING THESE VERY SPECIFIC QUESTIONS.
I'VE WORKED AT A SITE LIKE THIS FOR SEVEN YEARS.
AND WE HAVE PROBABLY 12 BUSES PULL UP, SO I KNOW EXACTLY YEAH.
AND IT WAS A SIMILAR SIZE PROGRAM TO YOURS OH, OKAY.
SO I'M JUST KIND OF TRYING TO MAKE SURE THAT, I MEAN, WE HAVE, AND WE HAD A HALLWAY WHERE THE BUS PULLED UP TO THE DOOR OPENED AND IT WAS LIKE WE HAD PLANTERS THE HALLWAY, SO THAT LITTLE ONES COULD NOT DIVERT BECAUSE IT WAS A HAND TO HAND.
HOLDING, HOLDING UNTIL YOU GOT THEM IN.
I MEAN IN OUR, AND OUR, OUR, UM, THAT'S ALL IN OUR APPROVALS WITH STATE A IS THAT LIKE THE POLICIES FOR GETTING KIDS OFF THE BUS IS IT'S HAND TO HAND.
UM, AND YOU KNOW, A TEACHER WAITS AT THE DOOR, GOES GET, GOES AND GETS THE CHILD WALKS INTO THE DOOR AND THEN THERE'S THE OTHER TEACHER THAT'S RIGHT IN THE CLASSROOM READY TO RECEIVE.
I'M JUST THINKING THE ARRIVAL DISMISSAL IS GONNA TAKE UP SOME OF YOUR ING SPACE.
AND BECAUSE THIS IS A SPECIAL USE PERMIT, IT'S ALSO JUST AN AREA OF CONCERN FOR ME, GIVEN THE CLOSE PROXIMITY.
VERY, VERY, VERY BUSY ROADWAY.
AND THE VERY CLOSE PROXIMITY TO A VERY BUSY COMMERCIAL AREA, WHICH IS NOT ALWAYS SOMEWHERE WHERE YOU SEE DAYCARES ALONE, LET ALONE ONES THAT ARE GONNA HAVE BUSTING ISSUES AND THINGS LIKE THAT.
NO, AND I, UH, APPRECIATE YOUR CONCERN AND ESPECIALLY FOR SAFETY.
'CAUSE THAT'S OUR TOP PRIORITY AS WELL.
UM, IT'S, IT'S WELL AWAY FROM CAMP ROAD.
UM, YOU KNOW, WHEN YOU GO DOWN COMMERCE PLACE, IT'S THE BACK BUILDING.
UM, YOU EVEN PASS THE FIRST DRIVEWAY, YOU GO INTO THE SECOND DRIVEWAY.
OUR PLAN IS THAT WE GO RIGHT INTO THE FRONT.
UM, OUR TEACHERS MEET THE BUS, WE TAKE THEM OFF.
I, I GOTTA BE HONEST, BUSES NEVER SHOW UP AT THE SAME TIME THIS DAY AND AGE BECAUSE, UM, THEY DON'T HAVE ENOUGH WORKERS
SO THEY'RE CONSTANTLY CALLING US AND, AND ASKING, OKAY, CAN WE DROP AT OFF AT EIGHT 15? YES.
CAN WE DROP OFF AT EIGHT 40? YES.
UM, AND IT'S NOT, IT'S NOTHING THAT WE'RE NEW TO.
IT'S NOT THAT WE'RE A NEW PROGRAM, IT'S JUST THAT IT'S A NEW LOCATION.
I DON'T ANTICIPATE IT'S SOMETHING YOU ARE NOT NEW TO.
I JUST THINK THAT CLOSE PROXIMITY TO A VERY BUSY ROADWAY.
UM, WHEN I TAKE MY OWN CHILDREN INTO QUEST, IT'S HANDHOLDING.
AND EVEN THE 11-YEAR-OLD GUYS WITH LITTLE DEATH WHEN I'M MAKING HIM HOLD MOM'S HAND, BECAUSE I'M LIKE, NO, IT'S A BUSY PARKING LOT.
AND IT'S NOT THAT I DON'T THINK YOU'RE WATCHING, BUDDY, IT'S THAT I'M NOT SURE EVERYBODY ELSE IS WATCHING.
AND YOU SHARE COMMUNAL PARKING SPACE WITH OTHER BUSINESSES.
SO, SO THE PARKING IS ALSO DICTATED IN THE CODE THOUGH.
IT'S ONE OFF STREET PARKING, WHICH THEY'RE EXCEEDING.
ONE OFF STREET PARKING SPACE FOR EACH FULL-TIME STAFF, WHICH YOU SAID WAS 18, RIGHT? I'M SORRY, I MISSED THE QUESTION.
AND THEN THREE SPACES FOR PARENTS AND VISITORS.
SO THERE'RE YOU, AND YOU SAID 27, RIGHT? YES.
SO THEY'VE EXCEEDED THE
I, I'VE BEEN TO THE SITE NUMEROUS TIMES.
YOU SEE HERE, UM, LET'S GO BACK TO THE FENCING PART WITH THE ROCKS AND ALL THAT STUFF.
WHAT KIND OF A SPACING, IF YOU PUT, ARE THESE SIMILAR TO THE ONES THAT WE HAVE AROUND, UM, KIND OUR STADIUM FOOTBALL, THOSE BIG BOULDER? YEP.
DO YOU WANT PICTURES? I, I BROUGHT SOME PICTURES.
YEAH, BECAUSE YOU KNOW, THE QUESTION WAS ASKED, I WAS THE LAST NIGHT LIKE TO SEE THE, THE CAR GET THROUGH HANG.
OBVIOUSLY YOU'RE SHOWING PICTURES OF, WELL, IT'S ACTUALLY ON A COUPLE PAGES.
BUT THERE'S A CLOSER, LIKE A CLOSE THAT PICTURE OF BOULDER THAT LET'S, IN THE TERMS OF SAFETY, LET'S JUST TALK VERY BROADLY IN THE SENSE OF THE DBA INSTRUCTED THEM TO PUT A BOULDER OR SOME TYPE OF OBSTRUCTION IN FRONT OF THE FENCE FOR SAFETY PURPOSES.
SO I THINK BEYOND THAT, AT THIS POINT, THE PLANNING BOARDS DEPARTMENT IS A LITTLE LIMITED.
SO, AND I UNDERSTAND PROBABLY WHERE YOU'RE GOING, BUT I THINK WE MIGHT BE GOING, WELL, DON'T WE RUN INTO A RISK IF WE, THERE IS POTENTIALLY A RISK DOWN THE ROAD OF LIABILITY FOR THE PLANNING BOARD WHEN WE DISCUSS INCIDENTS OF SAFETY IN THAT PARTICULAR OF A FASHION.
SO LET ME CHANGE THE QUESTION A LITTLE BIT.
YEAH, NO, I, THAT'S WHY I OKAY, I UNDERSTAND.
[01:50:01]
WE HAVE HER.NOW YOU SAID, I THINK I WAS, I WAS AT THE MEETING LAST NIGHT AND, UM, AM I CORRECT THAT YOU HAVE LIKE 30 FEET OF GREEN SPACE AND THEN THAT STARTS WHERE THAT, WHERE THE CHILDREN WILL BE, RIGHT? YEP.
SO, OKAY, SO THERE'S 30 LIKE A BUFFER.
AND THAT, UM, IT, IT WOULD BE NOT BE ABLE TO FENCE IN AN AREA THAT THEY, THEY CAN'T GET INTO IT.
BECAUSE THE 30 FEET MAKES A DIFFERENCE FOR ME BECAUSE I'VE BEEN OVER THERE A FEW TIMES AND I'VE LOST IT IN DEVELOPMENT AND FINISH IT.
SO THAT, THAT'S A PRETTY GOOD LEVEL.
AND I AGREE WITH COUNSEL THAT I DON'T WANNA GO FARTHER WITH THIS.
SARAH, DO YOU HAVE A COPY OF THE SITE CLAIM THAT WE CAN SEE? IT'S NOT ON THE WEBSITE AND I CAN'T FIND ANY EMAIL RECORDS.
YEAH, BECAUSE IT WASN'T SOMETHING THEY'RE JUST, WE'RE ALL TALKING ABOUT LIKE A LOT OF SPECIFIC DETAILS WOULD JUST BE NICE TO PREFERENCE IT.
ARE YOU LEASING THIS BUILDING? YES.
WHAT'S THE CONTRACT? 10 YEARS.
LEASE IN FRONT OF US LAST YEAR.
UH, IT'S MERLE WHITEHEAD PROPERTY.
I'M JUST CURIOUS BECAUSE HANNAH'S ALL OVER THE PLACE.
WELL, MERL WHITEHEAD OWN A POWER.
HANNAH AND HE'S MY, HE'S MY LANDLORD.
THEY, YEAH, BECAUSE ALL THEY WERE REALLY ASKING TO DO IS PUT FENCE UP.
HAVE YOU, HAVE YOU EVER WENT, STARTED THIS TYPE OF THING? LIKE YOU'RE DOING THIS ONE BEFORE? YES.
THIS IS, UM, MY FOURTH LOCATION.
AND UM, IS IT, IS IT STATE SUBSIDIZED STATE FUNDING FOR THE MOST PART? IS THERE A LOT OF IT'S ALL, YEAH, IT'S, SO NEW YORK STATE FUNNELS EVERYTHING THROUGH ERIE COUNTY.
IT GOES FROM THE STATE TO COUNTY TO COUNTIES.
BRENDA ACTUALLY STILL HAS THE BACK PLATE AREA ON IT.
SO THERE'S TWO THINGS IN FRONT.
SO TYPE SARAH, IT'S A TYPE TWO ACTION UNDER SEEKER.
SO WE DON'T HAVE A SECRET DECISION WE HAVE TO MAKE, ALL WE HAVE IN FRONT OF US IS SPECIAL USE PERMIT AND THE SITE PLAN APPROVAL.
BUT THE SITE PLAN THAT WE HAVE THAT'S BEEN SUBMITTED TO US SO FAR HAS THE PLAY AREA MARKED OFF AT 2,800 SQUARE FEET AND A BACK PLAY AREA MARKED OFF AT A THOUSAND SQUARE FEET.
DO YOU HAVE, DO YOU HAVE LIKE WITH YOU A PLAN WITH THE JUST THE FRONT ONE? THAT'S WHAT I WAS LIKE TRYING TO FIGURE OUT.
RIGHT? WE'RE TALKING ABOUT DETAILS.
I'M LIKE, OKAY, MAKE SURE I HAVE THE RIGHT PAPERWORK IN FRONT OF US.
THE MOST, I WAS ASKING IF YOU GOT ONE I, THIS LITTLE PACKET THAT I MADE, IT SHOWS THE, UM, THE DIMENSIONS HERE MAKE A CONDITION THAT THEY FOLLOW THOSE REQUIREMENTS.
NOT, NOT, I MEAN THAT'S THE DIMENSIONS, BUT YEAH, IT'S NOT REALLY ARE YOU THAT WAS ONE FOR THE ROCKS? WELL, I MEAN, TO, TO APPROVE THE SITE PLAN, YOU HAVE TO REFER TO A SITE PLAN MM-HMM
SO WE CAN'T SAY, YOU KNOW, APPROVE THE SITE PLAN AT PRESENTED OR, OR DRAFTED, YOU KNOW, WE DON'T, WE DON'T HAVE A DOCUMENT THAT WE CAN REFERENCE TO SAY WE'RE APPROVING THIS SITE PLAN.
SO I MEAN, DO OUR SITE PLANS, ARE THEY REQUIRED TO BE STAMPED BY A PE OR YOU WANT ME TO ANSWER BASICALLY NO, SARAH CAN
DON'T, THIS WAS THE FIRST ONE THAT WAS SUPERSEDED.
THIS IS THE FIRST ONE THAT SUPERSEDED BECAUSE THEY ADDED THE, THE PLAY IN THE AREA IN THE BACK THAT WE THEN TOOK OFF.
SO, SO, BUT THIS DOESN'T SHOW THE, THEN THIS ONE HAS THE 2,800 IN THE FRONT.
WE, WE DON'T HAVE ANYTHING THAT SHOWS THE BOULDERS.
THAT WAS JUST FROM THE LAST TIME.
IS IS THIS THE 2,800 OR THE 2,400? THIS IS 24.
SO IT'S NOT SHOWING THIS PORTION THAT, OKAY.
SO, SO THE ONLY DIFFERENCE BETWEEN THIS ONE AND WHAT WOULD GO IN THERE IS THE BOULDERS.
AND THIS ONE HAS MARKED OFF DESIGNATED PARKING SPACES THAT ARE RESTRICTED JUST FOR BLUE.
WELL WE HAVE THE 27 PARKING SPACES IS PART OF THE SPECIAL USE.
THEY'RE MARKED ON THIS PLAN THAT THEY'RE DESIGNATED LIKE THESE ONES ARE BLOOM ONLY PARKING, BUT THEY NEED TO BE YEAH.
SO THEY NEED TO BE SHOT ON SITE PLAN.
AND THEN THE DIFFERENCE IN THE FRONT AREA IS THAT WE ELIMINATED THIS SECTION BECAUSE THIS IS A HIGHER TRAFFIC ENTRANCE HERE.
[01:55:01]
RIGHT.BUT, BUT THIS, THIS PLAN DOESN'T SHOW THAT SECTION.
AND THEN WE DON'T HAVE ANYTHING IN THE BACK.
WHICH AGAIN IS, THIS IS A HIGHER TRAFFIC AND THERE'S NO CHANGES TO THE BUILDING.
SARAH, THAT'S WHY I WAS ASKING
THEN I'M GONNA BE HONEST, I'M NOT COMFORTABLE WITH THAT.
I'M GONNA PUT THAT ONE DOWN THERE.
I DON'T THINK WE SHOULD BE MARKING UP BY PLANS, JEN, ESPECIALLY.
TYPICALLY WHAT WE'VE DONE IS THE PLANNING BOARD CHAIRMAN WRITES ON IT AND THEN SIGNS HIS NAME AND DATES IT, IT SHOULD BE THEIR SITE PLAN, NOT OURS.
DO YOU HAVE THE AVAILABILITY TO WAIT TILL THE NEXT MEETING? I DON'T, I I I, I'M SORRY.
I I WILL TALK ABOUT MY TIMELINE HERE.
UM, SO IN ORDER TO HAVE A SPACE FOR CHILDREN WITH SPECIAL NEEDS IN OUR COMMUNITY WHERE THEY DON'T HAVE TO TAKE A BUS TO SPRINGVILLE NI IDAHO, THE CITY OF BUFFALO DERBY, UM, WE NEED TO GET ALL OF THE DOCUMENT IMPLEMENTATION REQUIRED IN BY STATE ED.
AND PART OF THAT IS AN OCFS LICENSE.
AND OCFS TAKES ITS TURNAROUND TIME, LIKE IT'S ALREADY AUGUST 4TH.
THEY TAKE ONE WEEK TURNAROUND TIME IN ORDER TO GIVE US THAT LICENSE.
SO, UM, AND NOT TO MENTION TOO, LIKE THE BEGINNING OF THIS PROCESS WAS, IT'S ALL BASED ON REGIONAL NEED, RIGHT? SO I WASN'T EVEN ALLOWED TO SUBMIT THE APPLICATION FOR THIS WITHOUT EVERY SINGLE DISTRICT IN THE AREA WRITING NAMES OF CHILDREN IN OUR COMMUNITY DOWN ON A PIECE OF PAPER SAYING THEY NEED THIS SERVICE.
THEY WOULDN'T LET ME SUBMIT THE APPLICATION WITHOUT IT.
SO WHEN I, YOU KNOW, REACHED OUT TO THE DISTRICTS AFTER THAT, YOU HAVE 45 DAYS TO GET YOUR APPLICATION IN TO STATE ED.
UM, OTHERWISE THAT, THAT TIMER RUNS OFF JEN.
SO THESE ARE ACTUAL CHILDREN IN OUR COMMUNITY.
THEIR NAMES ARE ON A PIECE OF PAPER, WE'RE ON A TIMELINE AND WHICH IS WHY WE STARTED THIS PROCESS SO EARLY AND, AND REALLY WOULD DO ANYTHING THAT YOU WANTED US TO DO RIGHT ALONG.
JEN, CAN WE PAUSE THIS? GIVE THEM TILL THE END OF THE MEETING 'CAUSE WE HAD A COUPLE THINGS DROP OFF THE MEETING, LET THEM CONSULT WITH WHOEVER THEY NEED TO CONSULT WITH AND COME BACK TO US AT THE END OF THE MEETING WITH THEIR UPDATED SEGMENT PLAN THAT THEY'VE MARKED UP.
THEY'VE DECIDED WHAT THEY'RE GONNA DO, BUT THAT WAY IT'S NOT US WRITING TABLE TILL THE END OF THE MEETING.
LIKE WE CAN TABLE FOR A TEMPORARY TIME AND LET THEM COME BACK IN THE SAME MEETING.
CAN I, THEY ADVISE HER TIME TO KINDA HER AND HIM TIME TO FIGURE OUT WHAT THEY WANNA DO AND STILL KEEP THEMSELVES.
WE COULD ALSO HOLD A SPECIAL MEETING.
I WAS JUST GONNA SAY WHAT SHE'S SAYING BECAUSE HERE'S WHAT I'M NOT COMFORTABLE WITH AND I'M, I WILL COME BACK ANY NIGHT OF THE WEEK THAT YOU GUYS NEED US TO COME BACK.
BUT MY CONCERN IS, IS THAT THE TOWN CODE SAYS THAT THE PROPERTY OWNER OR HIS AGENT SHALL SUBMIT NINE COPIES OF A SITE PLAN AND SUPPORTING DATA.
I'M WILLING TO WAIVE THE NINE AS LONG AS WE HAVE AT LEAST ONE PREPARED BY AND DURING THE OFFICIAL SEAL AND SIGNATURE OF A LICENSED ARCHITECT, LANDSCAPE ARCHITECT, CIVIL ENGINEER, OR LAND SURVEYOR.
SO MY CONCERN IS, IS THAT WE DON'T HAVE THE OFFICIAL DOCUMENTATION AND THAT MAKES ME UNCOMFORTABLE ISSUING OR SETTING PRECEDENT WITHOUT IT.
SO I DON'T KNOW IF THERE'S A WAY TO, I CAN'T SPEAK FOR ANYBODY ELSE.
I'LL COME BACK ANY, I'LL MAKE IT WORK.
WE CAN HAVE A SPECIAL MEETING THAT'S, BUT I WOULD RATHER WE HAVE THE OFFICIAL DRAWING AND COME BACK TOMORROW NIGHT OR FRIDAY OR WHATEVER WE NEED TO DO.
I WOULD BE MORE COMFORTABLE WITH THAT THAN, THIS IS KIND OF
THAT'S AN INTERPRETATION OF OUR TOWN CODE.
SO LET'S HAVE OUR ATTORNEY WEIGH IN ON THAT PLEASE.
SO I WOULD SAY THAT PART OF THAT IS UP TO THE PLANNING BOARD.
IF GIVEN THE CIRCUMSTANCES OF THIS PARTICULAR APPLICANT, THE PLANNING BOARD CAN FIND A WAY TO SAY THAT THEIR SITUATION IS PARTICULARLY DIFFERENT AND DIRE IN COMPARISON TO WHAT THE CODE SAID.
IT'S SIMILAR, JUST LIKE WE SAID WITH REGARD TO THE NUMBER OF FEET FOR THE OUTDOOR SPACE THAT WAS REQUIRED.
IF WE DIFFERENTIATED HOW THIS IS DIFFERENT THAN A TYPICAL DAYCARE.
SO GIVEN WHAT THE CODE SAYS, THERE'S A COUPLE OPTIONS.
WE COULD PAUSE, WE COULD HAVE A, WE COULD HAVE A SPECIAL MEETING.
I DON'T KNOW HOW LONG IT WOULD TAKE YOU, WE COULD COME BACK TOMORROW OR YOU CAN DIFFERENTIATE WHETHER THAT PROVISION OF THE CODE IS NOT RELEVANT RIGHT NOW GIVEN THEIR SITUATION.
I HAVE A HARD TIME WITH THE RE I'M,
[02:00:01]
I'M GONNA BE CANDID.I HAVE A HARD TIME WITH THE RELEVANCY BECAUSE ANY NEW THING I, IT'S GONNA COME BACK ON US IF THERE'S SOMETHING WRONG, I DON'T THINK THERE'S, BUT IF SOMETHING WERE TO HAPPEN AND YOU GET SUED AND THEN WE GET SUED 'CAUSE WE AUTHORIZE IT AND WE DIDN'T HAVE THE RIGHT DRAWINGS AND STUFF IN PLACE, YOU WANNA BE COVERED.
I WILL COME BACK TOMORROW IF THAT MEANS THAT THAT CAN GET ADDRESSED.
BUT I'M, I DON'T, I'M NOT SUPER COMFORTABLE WAITING THAT ISSUE.
IF, IF WE COME TOGETHER BY THE END OF THIS MEETING TONIGHT, THEY CAN COME UP WITH THEIR OWN.
I'M JUST CLARIFYING WHAT YOU SAID.
AND IF THAT HAPPENS, THEY, AT THE END OF OUR MEETING TODAY, WE JUST TABLE THIS FOR NOW AND GO BACK.
THEY COME UP WITH A SECOND QUESTION.
WE CAN WAIVE WHAT OR OR DISREGARD WHAT I'M NOT SAYING DISREGARD, I'M JUST SAYING DIFFERENTIATE WHY THE SITUATION IS DIFFERENT.
EXTE HAVE TO SAY WHY THE CIRCUMSTANCES ARE DIFFERENT.
WELL, THERE'S EXTENUATING CIRCUMSTANCES.
'CAUSE AGAIN, YES, YOU WERE AT THE ZBA MEETING SO YOU WOULD UNDERSTAND I UNDERSTAND THE PROCESS FROM THE LAST EVA.
SO, BUT THERE STILL SHOULD HAVE BEEN SOMETHING WITHOUT THOSE CHANGES.
AND I DON'T IF WE KNOW THAT I UNDERSTAND THE READING OF THE CODE.
I I AGREE SERIOUS, BUT EXTENUATING CIRCUMSTANCES HAPPEN A LOT OF TIME.
BUT THERE ARE SOME OTHER ISSUES OTHER THAN THAT THERE'S THE CHANGE IN THE NEIGHBORHOOD.
IT, IT'S NOT, THIS IS NOT CONDUCIVE TO A BUSINESS PARK.
TOTALLY DIFFERENT THAN WHAT IT IS.
SO YEAH, IT CHANGES THE CHARACTER OF THE NEIGHBOR.
THAT WOULD JUST BE WHETHER YOU'RE VOTED YES OR NO THOUGH DENNIS, NOT WHETHER OR NOT WE COULD VOTE ON IT.
WE'RE TRYING TO FIGURE OUT IF WE COULD EVEN BRING UP VOTE.
WHAT I'M SAYING IS WE'RE, WE'RE JUMPING THROUGH HOOPS HERE AND WE DON'T HAVE, WE DON'T HAVE A DOCUMENT IN FRONT OF US.
BEFORE YOU'RE SAYING SPECIAL HOLD ON SIX ERIC, WE CAN'T DO A SPECIAL MEETING BECAUSE WE WON'T HAVE IT ADVERTISED.
THAT'S NOT A, THAT'S NOT OKAY.
I'D LIKE, AGAIN, THE EXTENUATING CIRCUMSTANCES YOU MAKE, YOU'RE MAKING A LOT OF GOOD POINTS.
BUT THERE'S A TIME, WHOEVER CALLED OR WHATEVER REASON THAT IS, IS IT BAD DIRECT? I DON'T KNOW.
WHAT CAN YOU DO TODAY? WE UH, WE CAN WRITE ON A SITE.
IT'S GONNA BE 27 PARKING SPACES.
THE LANDLORD ALREADY SUBMITTED A LETTER DESIGNATING THOSE AS WELL.
SO I THINK THIS IS UNDER THE CIRCUMSTANCES WHERE THAT FLOW CHART WOULD HELP BECAUSE RIGHT.
I APPRECIATE THAT YOU SAY YOU CAME TO US WELL IN ADVANCE, BUT THE FIRST TIME WE SAW THIS PROJECT WAS MAY 19TH, WHICH REALLY IN THE TERMS OF PLANNING BOARD RIGHT, ISN'T
AND, AND WE, WE APPLIED FOR OUR PERMIT IN MARCH AND UM, YOU KNOW, SO MY MY MY ISSUE, MY ISSUE WITH THE CODE IS THE PART THAT SAYS PREPARED BY AND BEARING THE OFFICIAL SEAL SIGNATURE.
SO MY, MY CONCERN IS NOT THAT THEY CAN'T BRING IT, BUT I, IF, IF OUR CODE REQUIRES THAT A QUALIFIED PROFESSIONAL DOES THIS, I DON'T KNOW THAT WE CAN WAIVE THAT IN THIS CIRCUMSTANCES.
WE DON'T THINK A QUALIFIED PROFESSIONAL EXPERT.
WELL, WELL, JENNIFER TOLD US CIRCUMSTANCES WHEN WE COULD WAIVE IT, THEY, THEY WOULD LIKE A DECISION TODAY.
CAN THEY GET THEIR APPROVAL? CAN YOU GO TO THE STATE IF YOU JUST HAVE A SPECIAL USE PERMIT AND NOT CITE PLAN APPROVAL? YEAH, I WAS GONNA BRING THAT UP.
YEAH, BECAUSE I THINK THAT WE, I THINK WE HAVE WHAT WE NEED FOR THE SPECIAL USE PERMIT.
DOES THE STATE NEED THE SPECIAL USE PERMIT AND SITE PLAN APPROVAL OR CAN IT JUST BE SPECIAL USE PERMIT? THEY NEED A CO STRICTLY OCCUPANCY.
YEAH, BUT BASED ON, 'CAUSE WE COULD GO GET A CO NOW FOR OFFICE USE FOR OFFICE BASIC.
THE BUILDING IS, IS ENOUGH TO WHERE WE COULD DO THAT, BUT IT'S NOT TO WHERE IT COULD BE FOR DAYCARE OR PRESCHOOL OR NURSERY USE.
AND OCFS DOESN'T EVEN REQUIRE IT TO BE FENCED.
SO, UM, AND THE BUILDING DEPARTMENT ISN'T GONNA GIVE A CO IF IT, IF THEY DON'T HAVE, CAN'T THEY GET A CO FOR MUSIC THERAPY BUT NOT A DAYCARE, THE, IT WILL NEED TO SAY DAYCARE ON THE LICENSE FOR OCFS.
AND THAT NEEDS TO GO TO STATE ED.
I FEEL, AND IT, IT REALLY COMES DOWN TO THAT, THAT IT'S, WE'RE A UNIQUE PROGRAM.
IT'S, THERE'S NO DEFINITION FOR US IN THE TOWN OF HAMBURG.
WELL, I MEAN, BUT THAT, BUT THAT DOESN'T CHANGE THE FACT THAT WE STILL HAVE TO ISSUE YOUR SPECIAL IGNORING THAT YOU ARE SPECIAL.
I DO NOT DISAGREE WITH SOME OF THAT.
BUT THE CHALLENGE IS, IS THAT WE HAVE A PROTOCOL THAT WE'RE SUPPOSED TO FOLLOW FOR SITE PLAN.
AND MY CHALLENGE HERE IS THAT THE SITE PLAN IS SUPPOSED TO BE PREPARED BY AND AND THIS OFFICIAL, WHAT SECTION IS THAT? 2 83 0 5.
IT'S UNDER THE SITE PLAN REVIEW OF THE ZONING CODE.
WELL, HOW ABOUT WE DO THIS? DON'T HAVE TO HAVE A SKYPE PLAN BEFORE WE GO SEMESTER.
[02:05:02]
DISCUSS I OKAY, DENNIS.BUT HERE'S THE THING AND CAN'T, WE'RE GONNA VOTE ON THIS TONIGHT.
I I KNOW YOU MIGHT NOT LIKE IT AND, AND, AND MAYBE MOST OF THE PEOPLE ON THE BOARD DON'T LIKE IT, BUT WE'RE GONNA GIVE 'EM A DECISION BY THE END OF THE DAY.
WELL, YOU KNOW, AND I JUST, I I GOTTA ASSUME MY MEMORIES THE FIRST TIME THEY SAID, YOU KNOW, WE'RE RUSHING THROUGH THIS UHHUH, WHICH IS NO FAULT OF OURS.
AND OBVIOUSLY NO FAULT OF THEIRS.
I FEEL VERY UNCOMFORTABLE JUMPING THROUGH THESE THINGS, GOING THROUGH IT AND SAYING, OKAY, YOU GOT IT.
I MEAN THERE'S, I STILL HAVE ISSUES.
I STILL HAVE ISSUES WITH, WITH THE, WITH THE, UH, THE SIZE OF THE PLAYGROUND.
BUT, BUT HERE'S THE THING GUYS.
IF YOU HAVE THOSE ISSUES, YOU CAN JUST SAY NO, YOU DON'T LIKE IT.
BUT WE'RE NOT EVEN DISCUSSING THEM.
YOU'RE
NO, WE'VE DISCUSSED THEM FOR MONTHS.
THE, THE, THE PLAN, THE SIZE IS GONNA BE WHEN WE VOTE THAT SIZE IS GONNA BE 2,400.
IF YOU DON'T LIKE IT, YOU DON'T LIKE IT.
BUT THAT'S THE SIZE THEY HAVEN'T, IT'S NOT GETTING BIGGER.
SO THERE'S NO US GOING BACK AND FORTH ISN'T GONNA MAKE THAT ANY BIGGER.
YOU AGREE WITH THAT? WELL, IT'S A TYPE, TYPE TWO ACTION UNDER SPEAKER SO THAT WE'RE NOT GOING SUGGESTION.
WHY DON'T WE ADD A CONDITION THAT THE PROPER PLAN BE SUBMITTED BY FRIDAY.
THEY'RE GONNA HAVE TO DO THAT ANYWAYS BECAUSE OF WHAT THE ZBA IS.
THEY'RE GONNA HAVE TO DO IT IN A 'CAUSE ROGER'S NOT GONNA BE ABLE TO APPROVE IT WITHOUT PLANS THAT ARE IN ACCORDANCE WITH WHAT THE ZBA A APPROVED.
SO NEITHER WAY, EITHER WAY, EVEN IF WE HAD A NEW SITE PLAN APPROVAL, IT'S STILL NOT GONNA CONTAIN THE BOULDERS BECAUSE THAT WAS JUST APPROVED LAST NIGHT.
AND NEITHER WAY ROGER'S NOT GONNA BE ABLE TO ISSUE A CFO WITHOUT THAT.
SO A NEW ONE'S GOING TO HAVE TO BE PROPOSED AT SOME POINT ANYWAY.
CAN WE GOING FORWARD, UM, GIVE APPLICANT'S NOTICE THAT WHEN THEY'RE COMING FORWARD HOPING FOR APPROVAL THAT NIGHT, THEY HAVE TO HAVE A FINALIZED SITE PLAN FOR US TO REVIEW JUST SO THAT WE DON'T END UP IN THE SAME POSITION WITH ANOTHER APPLICANT THAT WE'RE ENDING UP IN TONIGHT WHERE WE'RE TRYING TO, AND THAT THAT'S
I'M BACK IN SARAH'S OFFICE GIVING HER EVERYTHING.
AND IT, SO I HAVE TWO WEEKS OR A MONTH.
SO I SAID, OKAY, WE, IF THIS IS EVERYTHING WE NEED, THEN WE'RE GOOD TO GO.
AND I, AND I PUT IT ON THE BACK BURNER TO THE MEETING.
BUT THEN AT THE MEETING IT'S ALWAYS, NO, NO, NO, WE NEED THIS AND WE NEED THAT.
SO, YOU KNOW, AND I WOULD'VE HAD TWO WEEKS A MONTH.
SO LIKE LA LIKE AT LAST NEXT MEETING, WE WOULD'VE HAD A SITE PLAN HAD THEY ASKED FOR IT A MONTH AGO, BUT ALL THEY ASKED FOR A MONTH AGO WAS ROCKS.
SO, WELL, I GUESS I DIDN'T REALIZE THEY ASKED FOR ROCKS A MONTH AGO BECAUSE I WOULD'VE, IF I'M GONNA BE CANDID, I THEY WEREN'T HERE IN BETWEEN, WELL THEY WEREN'T HERE IN BETWEEN I WOULD'VE.
BUT EITHER WAY, A NEW NEW SITE PLAN'S GOING TO HAVE TO BE ISSUED BEYOND TODAY NO MATTER WHAT.
AND WE WOULD'VE HAD THAT PLANNED TODAY AND YESTERDAY AND YOU WOULD'VE MADE PHONE CALLS TODAY AND SAID, I NEED THIS ONE.
WE WAS ON THE PHONE ALL DAY AND EXACTLY.
HONESTLY, AS SOON AS I GOT HOME LAST NIGHT, YOU WERE ON 1130 LAST NIGHT.
1130 WITH ENGINEERS AND ARCHITECTS.
AND HAD YOU BEEN, HAD YOU KNOWN, YOU WALKED IN TODAY, YOU NEEDED TO FINALIZE LIKE PLAN? I WOULD'VE, I'VE WATCHED YOU COME VERY PREPARED TO ALL THIS MEETING AND YOU WOULD'VE BEEN PICKING UP THE SITE PLAN AS YOU DROVE HERE.
IT WOULD'VE BEEN, IT WOULD'VE BEEN HERE A MONTH AGO.
IT WOULD'VE BEEN HERE THE NEXT DAY.
SHE WOULD'VE HAD THE LITTLE BOULDERS IN HERE AND EVERYTHING.
BUT THAT'S WHAT I'M SAYING IS HAVE, AND THIS IS GOOD FOR AMAZON AND I ALSO NEED TO REGARD THAT YOU'VE BEEN IN THIS PROCESS FOREVER.
BUT IN THE GRAND SCHEME OF PLANNING BOARD, I JUST WANTED, I WANTED DO EVERYTHING.
AND THAT'S ALL WE'RE TRYING TO DO.
JUST MAKE SURE WE WRITE SITE PLAN RESOLUTION WHILE WE'RE TALKING ABOUT THE NEXT THING.
CREATIVE ARTS UNTIL THE END OF THE MEETING.
UM, WE ONLY HAVE A ONE OTHER ITEM ON OUR AGENDA.
SO, UM, JENNIFER'S GONNA WRITE SOME STUFF UP FOR US.
IT GIVES THEM A 15 MINUTE REPRIEVE.
I MEAN, HERE'S, I MEAN HERE'S WHAT I WROTE ON IT.
THEY DON'T, SO BY, YOU'RE PROBABLY BETTER OFF NOT COPYING WHAT I DID COPY.
SO I GUESS I WAS JUST, BY FRIDAY THERE'S GOING TO BE A CERTIFIED OFFICIAL PROFESSIONAL SEAL AND SIGNATURE ON A SITE PLAN.
RIGHT? LIKE WE EITHER HAVE A, BECAUSE WE WOULD DO A CONDITIONAL SITE PLAN THAT MADE THAT I HAVE A STRONG SUSPICION THERES GONNA BE PHONE CALLS MADE AS SOON AS THEY WALK OUT OF HERE TO GET THAT.
WELL WE ALREADY, AS OF, I MEAN LAST TIME WE ALREADY GOT, AND I DIDN'T KNOW THEY EXISTED, BUT WE GOT AN ENGINEER DRAWING ON A ROCK.
SO, UM, WE GOT AN ACTUAL LANDSCAPE ARCHITECT THAT ALREADY HAD, AND YEAH, THEY DO IT IN PARKS.
IF THEY NEED AN ENGINEER DRAWING ON A ROCK, THAT WOULD STOP.
I HAVE AN EXAMPLE OF MY EMAIL.
[02:10:02]
THE ROCKS HAVE TO BE IN PLACE BEFORE ROGER ISSUES YOU THE CO NO, NO, JUST BEFORE IT OPENS.I THINK YOU'RE GONNA BE BACK IN FRONT OF THE CPA.
YEAH, I DON'T THINK SHE WANTS ME BACK.
WELL, THAT'S, I JUST, JUST WANNA COVER YET.
SO, SO WE UH, WE'LL WE'LL JUST TABLE THIS TO THE END OF THE MEETING.
UM, AND WE'LL, WE'LL TAKE THE NEXT ONE AND WE'LL SEE YOU IN A FEW MINUTES.
NEXT TIME IS THERE A MOTION TO TABLE? NO, I JUST TABLED IT BECAUSE TABLE, TABLE, I'M NOT, NOT TABLING INTO THE NEXT MEETING.
WE'RE STAYING WITHIN THE MEETING SO WE DON'T NEED A MOTION.
NOW WE'RE ON ITEM FIVE JSEK HAMBURG, LLC, REQUESTING A SPECIAL USE PERMIT, SITE PLAN APPROVAL AND PRELIMINARY PLAT APPROVAL OF A TWO LOT SUBDIVISION OF A NEW CAR WASH FACILITY.
BE LOCATED ON VACANT LAND NORTHEAST OF 4 4 8 4 SOUTHWESTERN BOULEVARD.
SEAN HOPKINS OF THE LAW FIRM HOPKINS GIE MCCARTHY ON BEHALF OF THE APPLICANT.
ALSO WITH ME IS ANTHONY ALPE FROM CARINA WOOD.
AS YOU RECALL, UM, AT YOUR MEETING TWO WEEKS AGO, YOU DIRECTED THE PLAN DEPARTMENT PREPARED DRAFT RESOLUTION FOR CONSIDERATION.
THERE'S SEVERAL ACCRUALS THAT WE'RE ASKING FOR.
NUMBER ONE, A SECRET DETERMINATION.
IT IS IMPORTANT TO NOTE THAT DURING ITS MEETING IN EARLY JULY, THE TOWN BOARD DID AMEND THE FINDING STATEMENT ISSUED ON MAY 22ND, 2006 TO REMOVE THE LANGUAGE PROHIBITING A COMMERCIAL CAR WASH.
AND THEY ALSO AMENDED THE ZONING CONDITION FROM THAT VERY SAME DAY.
IN ADDITION TO A SECRET DETERMINATION, WE'RE ASKING FOR MINOR SUBDIVISION APPROVAL.
ONE CONDITION WE'VE ASKED YOU TO CONSIDER IS WAIVING THE REQUIREMENT FOR THE FILING OF A MAP COVER AT RE COUNTY CLERK CLERK'S OFFICE.
'CAUSE THIS IS LITERALLY CREATING ONE NEW PARCEL CONSISTENT OF THE PROJECT SITE.
WE'RE ASKING FOR A SPECIAL USE PERMIT.
YOU PREVIOUSLY HELD A PUBLIC HEARING IN CONNECTION WITH THAT REQUEST AND I DO BELIEVE WE PROVIDE YOU WITH AMPLE EVIDENCE AND JUSTIFICATION FOR THE SPECIAL USE PERMIT CRITERIA.
AND THEN FINALLY, WE ARE ASKING FOR SITE PLAN APPROVAL.
UH, THE COUPLE FOLLOW UP ITEMS THAT WERE DISCUSSED DURING YOUR MOST RECENT MEETING WERE ONE, MAKING SURE THE DATE ON THE LANDSCAPING PLAN WAS UPDATED.
AND AS YOU RECALL, THE LANDSCAPING PLAN WAS PREVIOUSLY UPDATED TO INCLUDE NATIVE PLANTINGS PER THE INPUT PROVIDED BY THE CONSERVATION ADVISORY BOARD.
SO THAT UPDATED LANDSCAPE PLAN WAS SUBMITTED TO SARAH.
AND JUST FOR PURPOSES OF THE RECORD, THE DATE ON THAT PLAN IS MARCH 30TH, 2021.
AND THEN ALSO WHAT WE DID PROVIDE AS REFERENCED DURING YOUR LAST MEETING WERE COPIES OF THE APPROVALS THAT WERE RECEIVED FROM ERIE COUNTY DIVISION OF STORAGE MANAGEMENT AS WELL AS THE APPROVALS ISSUED BY THE ERIE COUNTY WATER AUTHORITY FOR THE BACK BACKFLOW PREVENTER.
I DO BELIEVE CAMIA HAS PREVIOUSLY COMPLETED HER REVIEW OF THE FULLY ENGINEERED PLANS AND PROVIDED YOU WITH A MEMO, I BELIEVE THAT WAS IN APRIL, INDICATING THAT ALL TECHNICAL ISSUES HAVE BEEN ADDRESSED.
SO WE DO BELIEVE THAT FINALLY AFTER I THINK SIX OR SEVEN PLANNING BOARD MEETINGS, WE'RE IN A POSITION THAT YOU COULD ISSUE THE REQUESTED APPROVALS.
HOWEVER, ANTHONY AND I WOULD WELCOME THE OPPORTUNITY TO ADDRESS ANY QUESTIONS THAT ANY OF YOU MAY HAVE.
WE'VE HAD THIS IN FRONT OF US A BUNCH OF TIMES.
DOES ANYBODY HAVE ANY REMAINING QUESTIONS? CAN YOU REMIND ME WHAT THE NAME OF THE OTHER, I'M JUST TRYING TO PULL UP THE RESOLUTIONS.
WE WENT TO THE OTHER CAR WASH PROJECT.
IT WAS ALSO J FS CK? NO, NO, EDEN.
EDEN SOMETHING WASN'T IT? IT WAS SCHITZ SCHMITZ? UH, NO THIS WAS THE OTHER, THE ONE THAT WE HAD ON THE CAMP.
THAT WAS UM, YOU KNOW WHAT I'M TALKING ABOUT.
KNOW WHAT? TALKING THE ONE ON, WASN'T THAT YOUR CLIENT TOO? YEAH, I BELIEVE THAT WOULD'VE BEEN IN PROBABLY NOVEMBER.
BY THE WAY, IN, IN WORKING ON DRAFT RESOLUTIONS, I USED THE RESOLUTION FROM THE SCHMIDT.
I TOOK OUT THE CONDITIONS THAT RELATED TO THE ADJOINING RESIDENTIAL STRUCTURES BECAUSE THERE'S NO MORE RESIDENTIAL STRUCTURES HERE.
SO I DIDN'T BASE YOUR SPECIAL DETERMIN ON THAT.
YOU GRANTED FOR SCHMIDT? SCHMITZ.
HOW DO I SPELL SCHMITZ? S-C-H-M-I-T-Z.
I WAS COMING OUT WITH MIKE SCHMIDT.
WHICH ONE DO YOU WANT? DID OWNER STOP? I GOT IT.
SO THIS IS THIS, THIS IS THE SPECIAL USE PERMIT.
[02:15:05]
ROAD LK CONDITIONS, CASE APPROVAL CAR WASH WILL NOT BE OPEN AFTER WE HAD A CERTAIN TIME.CAR WASH WILL ONLY OPERATE WITH THE DOOR SHUT.
BUT THAT'S DIFFERENT ON THIS ONE.
AND BILL, YOU HAD THE CONDITION IN THAT ONE, THAT SOUND DOOR BE CLOSED OR WHATEVER, RIGHT.
BUT THIS PROJECT THAT DOESN'T OPERATE THAT MUCH, THE CAR WASH AND WE ALSO, THE CAR WASH ONLY PROCESSED TWO CARS EVERY FIVE MINUTES, WHICH THAT WAS BECAUSE OF THE RESIDENTIAL ROAD.
AND THAT'S BECAUSE OF THE BAY WASH VERSUS THE TUNNEL WASH.
BUT DIDN'T WE HAVE A CONDITION THAT WE DISCUSSED AT THE LAST MEETING REGARDING THE SOUND DECIBELS? YES.
DID YOU GUYS PROVIDE THE NOISE REPORT? HE SAID HE WAS GONNA PROVIDE US THE DECIBEL LEVEL.
NO, BUT I MEAN HE DID INDICATE THE MAX.
SO BASED ON THE MANUFACTURER SPECS, THE MAXIMUM NOISE LEVEL.
BUT HE WAS GONNA FILE, DO WE HAVE THE SPECS? NO, IT'S EIGHT FIVE DECIBELS.
WELL IF YOU WANT TO PUT A CONDITION, I THINK THAT'S TOUGH TO REGULATE, BUT WE'D BE FINE.
KEEP IN MIND THERE'S NO SENSITIVE RESIDENTIAL USES ANYWHERE NEARBY THAT CENTER.
WELL THERE'S A SENIOR CENTER RIGHT THERE.
NO ONE NOWHERE RESIDES ANYWHERE NEARBY.
AND THERE'S A ELEMENTARY SCHOOL RIGHT THERE.
SO I THINK IT AND THEN RIGHT ACROSS THE STREET FROM THE ELEMENTARY SCHOOL YOU HAVE THAT ONE WAS A SPECIAL PROGRAM.
I THINK IT'S JUST THAT WE PUT THE DECAL CONDITION MORE THAN 85.
THAT'S WHAT WE SAID AT THE LAST MEETING.
THE NOISE LEVELS FROM THE EQUIPMENT WE NOT EXCEED.
IT JUST KEEPS US ALL ON THE SAME PAGE.
THE SAME UNDERSTANDING OF EXPECTATIONS.
YOU JUST PUT THAT THE NOISE LEVELS WILL MEET THE TA.
THE TOWEL DOES HAVE A NOISE LEVEL FOR AT ADJOINING USES AND THAT IF IT IS SHOWN TO NOT MEET THOSE, OBVIOUSLY THEY'RE GONNA HAVE TO DO REMEDIATION BECAUSE THAT'S REQUIRED BY THE LAW.
AND WHAT ARE THE DECIBEL LEVEL? WHAT ARE THE ANTICIPATED HOURS OF OPERATION? JUST BECAUSE I BELIEVE THE ANTICIPATED HOURS OF OPERATION ARE 9:00 AM TO 10:00 PM AND 10:00 PM IS REALLY THE LATEST.
IT'S LIKELY THAT IT WOULD CLOSE AT NINE.
I'M JUST MAKING SURE IT WAS LIKE A 24 HOUR WASH THAT AT 3:00 AM WE'RE HEARING.
I DON'T BELIEVE THERE IN WESTERN DIRECT THERE'S ANY 24 HOUR TUNNEL CAR WASH.
I THINK WE, IT WASN'T EXPERIE YOU'RE GONNA NINE O'CLOCK ON SATURDAY MORNING OR NINE O'CLOCK ON SUNDAY MORNING.
WELL I SUSPECT THE 9:00 AM ON SATURDAY AND SUNDAY MORNING IF THEY'RE GONNA BE COMPETING WITH THE NOISE COMING FROM THE SOFTBALL FIELD AND SPORTS FIELDS OVER THERE.
SO HOPEFULLY THAT'LL TAKE THE PRESSURE OFF OF MR. HOPKINS AND HIS APPLICANT.
I WOULD INCLUDE SOMETHING IN YOUR SPECIAL USE PERMIT.
JUST SO BECAUSE OF OTHER COMPLAINTS WITH OTHER MM-HMM
WE'RE FAIRLY CERTAIN BECAUSE THE RESISTANCE TO, ONCE WE'VE HAD PROBLEMS WITH IS THAT THEY HAVE RESIDENTIAL RIGHT BEHIND AND THEY TRIED TO PUT A FENCE UP AND FENCE IT, DO THE JOB.
SO THEY HAD TO DO OTHER MITIGATIONS NOW.
SO AS LONG AS YOU PUT THAT IN THERE, THAT'S BASED UPON THE FACTS THAT THAT CHOICE WILL NOT IMPACT THOSE PIECES.
ANY OTHER QUESTIONS OR ISSUES BEFORE WE GO INTO THE RESOLUTIONS? NO, MY CALENDAR IS STILL, I HAVE A GLASS THERE.
IT'S JUST TOO CLOSE TO THE OTHER ONES AND THERE'S JUST TOO MANY.
SO IN TERMS OF THE ORDER OF THESE RESOLUTIONS SEEKER, IF WE GO THROUGH THESE ORDER, WE DO SEEKER FIRST.
RIGHT? WE HAVE TO MAKE THE SEEKER DECISION FIRST, THEN WE HAVE TO DO THE SUBDIVISION, THEN WE WOULD NEED TO DO THE SPECIAL USE PERMIT BEFORE WE CAN DO SITE PLAN OR THE OTHER WAY AROUND.
THAT'S WHAT I, YEAH, THE SUBDIVISION DOESN'T MATTER WHAT ORDER, BUT OTHERWISE YOU'RE CORRECT SEEKER FOR SPECIAL USE PERMIT, SITE PLAN SUBDIVISION, THEN BE DONE ANY TIME AFTER SEEKER.
DOES ANYONE WANT TO GO INTO THE SECRET RESOLUTION? WE CAN DO THE SECRET.
BEFORE YOU DO THE SECRET RESOLUTION.
SO WE'RE, 'CAUSE YOU ALWAYS ASK, WE HAD TO FILL OUT A FINDINGS FORM.
YOU ARE AUTHORIZING A BILL TO SIGN THAT FINDINGS FORM.
IF YOU REMEMBER LAST TIME WE TALKED ABOUT THE FINDINGS FORM, THE BIGGEST ISSUE WAS THE FINDINGS FORM RESTRICTED CAR WASHES.
TOWN BOARD WENT IN AND AMENDED THAT AND ISSUED THAT.
SO BASED UPON THIS 11 PAGE FINDINGS FORM, UM, BASICALLY IT HAS TO DO JUST SO ON THE RECORD HAS TO DO WITH STORM WATER PREVENTION AND UH, AND, AND THOSE THINGS.
CAMMY HAS SIGNED OFF ON THOSE.
UM, THERE'S A, THERE'S A ISSUE OF AESTHETICS AND OPEN SPACE RESOURCES ABOUT WHERE CERTAIN THINGS CAN BE LOCATED.
YOU ARE COMFORTABLE WITH THE AESTHETICS OF THE BUILDING BECAUSE IT, IT'S NOT GONNA BE SEEN FROM SOUTHWESTERN.
UM, THEN THERE IS, UH, CONSTRUCTION IMPACTS THAT HAS TO DO WITH THE BUILDING DEPARTMENT.
THEY WILL TAKE CARE OF THOSE THINGS.
[02:20:01]
UH, DENNIS HAS BROUGHT UP IS THE FACT THAT TRUE.DO YOU HAVE A COPY OF THAT FINDINGS FORM SO WE CAN REVIEW IT AS YOU'RE GOING ALONG? 'CAUSE IT'S NOT ON THE WEBSITE BECAUSE WE WEREN'T EMAILED IT.
SO SARAH LEFT AND SHE MADE COPIES OF IT.
SORRY, I THOUGHT WE WEREN'T EMAILED WHEN THE, WHEN THE TOWN BOARD CHANGED THE FINDINGS.
I THOUGHT WE GOT YEAH, THEY ISSUED, THE TOWN BOARD ISSUED THIS, BUT, UM, I WANTED, I MAKE SURE NOBODY KNOW'S.
TALKING ABOUT DO HAVE THESE ARE, THIS IS THE FORM.
UM, BUT DREW, YOU'RE REFERENCING THE SAME AMENDED FINDING STATEMENT.
BASICALLY THE TOWN BOARD ISSUED ON JULY.
RIGHT? I SAID THE CHANGE OVER THE PLANNING, I JUST WANNA MAKE SURE THAT'S CLEAR.
AND IT INCLUDES A COUPLE, COUPLE INTERESTING THINGS IN HERE ABOUT, BECAUSE THEY REFERENCED SITE FUND APPROVAL AND OBVIOUSLY YOU GUYS ARE GRANTING SITE PLAN APPROVAL.
WAS THAT ISSUED JULY 12TH, 2000 THIS YEAR SHOULD HAVE.
SO THIS IS THE FORM YOU'VE SEEN THIS FORM I DID.
IT IS THE SAME FORM WE USED FOR APOLLO CONCRETE.
AND THEN YOU UPDATED AND WE TALKED ABOUT THIS AND WE TALKED ABOUT THE FACT THAT THEY COULDN'T BEAT THE, THE CAR WASH THING.
UM, SO THAT'S WHY 'CAUSE WHAT YOU HAVE DONE ON THIS FINDINGS FORM IS IT TAKES THE TOTAL CUMULATIVE NUMBERS AND ADDS THE CUMULATIVE NUMBERS FROM APOLLO CONCRETE PLUS THIS TO EQUAL THE TOTAL IMPACT NUMBERS.
THE UPDATED PERCENTAGE, THE SQUARE FOOTAGE, IT MEETS THE SQUARE FOOTAGE REQUIREMENTS STILL BELOW THE TRAFFIC LEVEL.
AND AGAIN, THE TRAFFIC LEVEL IS BASED ON THE FACT THAT ONCE IT'S WARRANTED, THERE WILL BE A LIGHT PUT AT RILEY BOULEVARD AND SOUTHWESTERN.
SO THE DOT WILL NOT PUT THAT LIGHT UNTIL IT'S STILL IT'S WARRANTED.
AND THEN THERE WAS, UH, I'M SORRY.
YOU DON'T HAVE IT? NO, YOU DON'T.
I LOOKED UP THE JSEK AND I JUST LOOKED THE FINDINGS FORM.
THE LAST THING WE GOT ON THIS WAS, I MEAN THERE WAS THE OLD FINDINGS FORM BEFORE THAT WASN'T IN THERE.
I JUST WANNA MAKE SURE I KNOW WHAT I'M AGREEING TO BEFORE I GO.
AND THEN KEEP IN MIND THE IMPORTANCE OF THAT FINDING STATEMENT.
AND, AND I DO APPRECIATE DREW'S UPDATED.
THERE IS ADDITIONAL DEVELOPMENT THAT WILL TAKE PLACE ON THE OVERALL HAMBURG BUSINESS PART.
THAT'LL BE THE DOCUMENT GOING FORWARD.
AGAIN, WE'RE NOT PROPOSING ANYTHING ELSE AT THIS TIME, BUT, AND BY THE WAY, I SENT IT TO SARAH THIS MORNING FOR HER TO MAKE COPIES AND BRING HERE.
IT'S NOT LIKE SHE'S HAD IT SINCE.
NO, NO, THAT'S THAT'S NOT WHAT I WAS THINKING AT ALL.
IT'S JUST IF WE'RE GONNA DISCUSS SOMETHING OR MAKE A DECISION BASED ON SOMETHING, I WANNA MAKE SURE I'VE READ IT AND WE'RE GONNA DISCUSS THAT LATER.
BOARD DOES NOT PRE-FILE RESOLUTIONS LIKE THE TOWN BOARD, IF I WERE TO PRE-FILE RESOLUTIONS, THEY WOULD HAVE TO BE AVAILABLE TO THE PUBLIC PRIOR TO THAT.
SO THAT'S WHY YOU AUTHORIZED WE BRING THEM.
YOU NEED TO REVIEW THE SEEKER.
WE'VE TALKED ABOUT THE SEEKER IN THE PAST, BUT YOU ARE AUTHORIZING THE SIGNATURE OF THAT POINT.
SO HOW DID WE GET, BECAUSE I, I'M LOOKING THROUGH MY EMAILS AND, AND UM RIGHT.
I DON'T HAVE THOSE FINDINGS FROM THE TOWN BOARD, BUT I KNEW ABOUT THEM.
SO HE TALKED ABOUT THE, OH, BECAUSE WE TALKED THE, THE TOWN BOARD IS THE FINDINGS FORM THE TOWN BOARD CHANGED THE CRITERIA TO REMOVE.
ALL THEY DID WAS CHANGE ONE THING IN THE FINDINGS FORM THE FINDINGS FORM IS OUR SEEKER TO DETERMINE THAT WE ARE FINDING THE PLANNING BOARD IS FINDING THE PROJECT CONSISTENT WITH THE PRIOR SEEKER THAT WAS DONE FOR THE OVER.
SO, SO THE FINDINGS FOR IT IS WHAT WE'RE ISSUING.
SO WE DID GET THE, THE THING THE TOWN WERE CHANGED THE REQUIREMENTS, BUT WE DID NOT RECEIVE THIS.
AND THE REASON FOR THAT, CHAIRMAN CLARK, AS YOU RECALL, IT WAS I THINK DURING MARCH OR APRIL WE WERE DOWN THE PATH A LITTLE BIT.
DREW BROUGHT UP THAT, HEY, THIS OVERALL SITE WAS SUBJECT TO A FINDING STATEMENT ISSUE BY THE TOWN BOARD MAY 22ND, 2006.
AND THAT'S WHAT PROMPTED THE DISCUSSION.
SO THERE HAS BEEN IN THAT GONE BACK SEVERAL MONTHS IN THAT FINDING STATEMENT SPECIFICALLY EXCLUDED CAR WASH.
SO YOU WENT BACK TO HAVE A CHANGE.
AND NOW BOARD ISSUED AN AMENDED FINDING STATEMENT.
THIS IS THE FORM I FIXED FROM THAT FINDING STATE.
AND SO WE WENT THROUGH THE SAME FINDINGS FORM FOR APOLLO CONCRETE.
AND THE REASON THAT I WAS SPECIFICALLY ASKING THIS QUESTION ABOUT SQUARE FEET IS THERE ARE MAXIMUM DEVELOPABLE AREAS SO THAT IT FITS INTO THE STORMWATER OVER THE STORMWATER PLAN AND THE OTHER NUMBER OF THE SITE THAT, SO AS OTHER PORTIONS OF THE PROPERTY ARE DEVELOPED, WE WILL HAVE TO TRACK HOW THAT DEVELOPMENT FITS INTO THE ORIGINAL CONCLUSION.
IN TERMS OF SQUARE FOOTAGE TRAFFIC, IMPERVIOUS SURFACE, EX ET CETERA, ET CETERA.
THE FUNNY THING ON THE STORMWATER CAM WILL TELL YOU THE STORMWATER RANKS HAVE CHANGED SINCE THEN.
SO WE'RE FOLLOWING TODAY'S GUIDELINES, NOT THE GUIDELINES FROM THAT TIME PERIOD.
EVEN THE RESTRICTED C TWO ZONING, LIKE THE RESTRICTED BUSINESSES, I MEAN THE GOAL WAS BUSINESS WHOLEHEARTEDLY SUSPECT.
IF SOMEBODY CAME IN FRONT OF US WITH SOME OF THESE THINGS, IT WOULD AT RAISE MUCH OF AN EYEBROW.
HOW ABOUT WE TAKE A FEW MINUTES SO EVERYBODY CAN READ THOSE? OR WOULD IT BE EASIER TO MAKE COPIES AND THEY, CAN YOU EMAIL? DO YOU HAVE THESE ELECTRONICALLY? I CAN MAKE COPIES RIGHT
[02:25:01]
NOW.DO YOU WANNA TABLE US? WE'LL COME BACK AFTER THE OTHER.
WHY DON'T YOU GUYS, DON'T YOU DISCUSS, WE'LL JUST TAKE A LITTLE BREAK.
WHY, WHY DON'T YOU DISCUSS THE SPECIAL USE PERMIT? GO THROUGH, MAKE SURE YOU'RE COMFORTABLE WITH CONDITION CONDITIONS, YOU'RE COMFORTABLE WITH SITE PLAN APPROVAL.
THE CONDITION OF THE, THE SPECIAL USE PERMIT'S GONNA BE NOISE LEVELS.
AND THERE WAS, THERE WAS DISCUSSION ABOUT THE, THE NEON LIGHTING THAT YOU BROUGHT UP.
SO I DUNNO IF THAT GOT IN THERE, BUT I KNOW THAT WAS OH YEAH.
YOU KNOW WHAT WAS BROUGHT UP CONCERNED ABOUT IT IS NOT EXTERIOR LIGHTING.
I'LL COPY THE, THE LIGHTING THAT'S FROM THE LAST ONE SO I CAN FIND IT AGAIN HERE.
THAT LAST ONE WAS IN NOVEMBER, RIGHT? I SO HOLLOW CONCRETE? NO, NO, THE THE LAST CAR WASH.
BECAUSE WE'LL PUT THE SAME LIGHTING, THE, THE SAME CONDITION ON THE LIGHTING.
THAT'LL BE ON LIGHTING AND NO.
UH, DID WE HAVE THE DARK SKY? IT'S NOT IN, IT'S NOT IN THIS SPECIALIST PERMIT? NO, NO, NO.
IT'S IN, YEAH, IT'S IN THE SITE PLAN.
IT'S AS LONG AS IT'S IN ONE OR THE OTHER.
IT CAN BE IN ONE OR THE OTHER.
OKAY, WELL GOOD BE AND THEN THERE'S ME I FLASH AND CLOTHES.
YOU CAN PUT THE SAME, I WOULD JUST TAKE THE SAME CONDITIONS AND APPLY THEM TO THE SPECIAL IF YOU WANT PUT IT BOTH, THAT'S FINE.
HOW OLD WE, SO WE'LL HELP YOU READ.
I KNOW, BUT BELIEVE ME, BOB'S GONNA DO IT.
THERE ARE SIX OF US AND THERE ARE FOUR RESOLUTIONS.
YEAH, THERE'S PLENTY OF READING TONIGHT.
AND I VOLUNTEER TO READ THE SECRET ONE.
YOU GRABBED THE
OH, I GUESS WHILE WE'RE WAITING, THE APPLICANT REQUESTS THAT WE WAIVE FILING OF THE PRELIMINARY PLAT IN THE MINOR SUBDIVISION.
DO WE HAVE ANY PROBLEMS WITH DOING THAT? CAN I ASK A REALLY EMBARRASSING QUESTION THAT I SHOULD ASK THREE YEARS AGO? YES.
WHAT DOES IT MEAN WHEN WE WAIVE THE FILING OF A MAP COVER SO WE DON'T HAVE TO THEN GO RECORD A MAP COVER AT THE ERIE COUNTY CLERK'S OFFICE? WELL, YEAH, THE REASON WHY YOU DON'T DO THAT IS REALLY, THAT APPLIES FOR RESIDENTIAL SUBDIVISION OR CREATING LOTS FOR SALE FOR HOMES.
'CAUSE YOU'RE NOT SELLING, LIKE IF WE WENT TO THE, IF WE WENT TO THE HEALTH DEPARTMENT AND SAID YOU NEED TO SIGN OFF ON THIS MAP COVER, THEY'D CALL ANYTHING TO GO LIKE, WHAT ARE YOU TALKING ABOUT? WE'RE GONNA CREATE THIS PARCEL BY DEED.
I DON'T WANT TO HEAR THEM SAY IT.
THERE'S NO REASON FOR, I MEAN I KNEW IT WAS JUST LIKE DEED DOCUMENTATION.
IF YOU'RE DOING A RESIDENTIAL SUBDIVISION, YOU HAVE TO FILE, YOU KNOW, ABOVE.
'CAUSE IT'S NOT BEING RESOLD TO OTHER PEOPLE.
WHILE WE'RE HERE, WE MIGHT WELL GET SEAN'S CLIENT'S MONEY OUT OF THEM WHILE I HERE.
WHAT OTHER QUESTIONS CAN I ASK THEM? THAT'S HARD.
OR EVERYTHING I WANTED TO KNOW ABOUT LAW SCHOOL BUT WAS AFRAID TO ASK IS, IS BLOOM READY TO GO AGAIN? OR, OR DO YOU STILL HAVE, ARE YOU STILL WORKING ON THINGS? DO YOU WANNA TAKE A LOOK OVER THIS? YES.
OKAY, SO CAN I GO BACK TO, SO WE'RE BACK ON BLOOM.
COULD WE ALL PRESENT TOGETHER?
WELL, I'M, I'M JUST, BECAUSE SHE'S GONNA KILL US.
WE, WE CAN'T MOVE ON TO WELL WE CAN DO SEEKER.
SO WE CAN DO SPECIAL USE PERMIT.
NO, WE HAVE TO MOVE IN ORDER FOR BLOOM.
WE CAN DO THE SPECIAL, ESPECIALLY THE PERMIT FOR BLOOM.
SARAH, WHEN SHE TRIES TO DO THE MINUTES OF THIS MEETING, LET, LET'S, LET'S NO, NO.
OKAY, THEY'RE GONNA GO AT THE END.
WE'RE GONNA TAKE CARE OF THIS AND THEN WE'RE GONNA DO THAT.
CAN I SEE WHAT WE WHEN YOU PERFORMANCE HOLD ON.
YEAH, BUT THEY DIDN'T HAVE WHAT THEY NEEDED.
THEY SHOULDN'T HAVE BEEN ON THE AGENDA.
BEING RIDICULOUS IS THIS, WE'RE DOING IT THIS WAY.
[02:30:01]
NO, YOU'RE JUST BEING RIDICULOUS THE WAY YOU'RE DOING STUFF.WE'RE WE'RE TRYING TO ACCOMMODATE A DIFFICULT SITUATION.
I MEAN THAT'S, WE'RE GOING ABOVE AND BEYOND FOR ONE OF THE APPLICANTS THAT DIDN'T HAVE THE STOP IN ACCORDANCE WITH THE CODE.
THE KIDS, YOU SHOULD HAVE TOLD 'EM AHEAD OF TIME.
IT SAYS I I'M NOT THEIR LAWYER, I'M NOT THEIR ADVISOR.
I KNOW, BUT I BUT WE'RE MAKING ACCOMMODATION BECAUSE THEY DIDN'T KNOW.
AND IF YOU'RE GONNA SAY THAT WE'RE RIDICULOUS, THIS IS NOT A PUBLIC HEARING.
SO IS THIS INSIDE THE NATIONAL FUEL EASEMENT AREA? YES.
THAT'S BECAUSE THIS WOULD BE THE RIGHT OF THE EASEMENT.
MAYBE WE CAN JUST MAKE IT CLEAR TO THEM THAT IF FOR SOME REASON THIS IS AN ISSUE, WE ARE AMENABLE BACK THROUGHOUT.
THEY, IF IT'S AN ISSUE THEN THEY CAN'T GET, BECAUSE I JUST WANNA MAKE LIKE RIGHT.
IF IT IS AN ISSUE, IF THERE'S NOTHING THAT, OKAY.
THAT'S WHAT I WAS TRYING TO FIGURE OUT.
YEAH, WE ARE, UM, AMENDED FINDINGS, ISSUANCE OF THE AMENDED FINDINGS STATEMENT PURSUANT TO SECRET APPROVAL OF AMENDED FINDINGS FORM.
THEY'RE SAYING THE PROJECT IS, OH, ALL YOU'RE DOING IS IN WITH THE FINDING FINISHED BY THE I'M PRETTY SURE IT'S C TWO.
I THINK IT'S JUST ONE OF THOSE THINGS BEFORE YOU FILE A SECRET DETERMINATION, I WANNA MAKE SURE THAT WE LISTED ALL THE DOCUMENTS TO DO I HAVE THE UNFAIR ADVANTAGE.
I GOT TO READ IT FIRST BEFORE I HAVE SEAN, WHAT ARE THEY PLANNING OR HOPING TO HAVE THIS OPEN BY AND START BREAKING AROUND? WHEN ARE THEY PLANNING TO OPEN? YEAH, I FIGURE AS LONG AS THEY'RE ALL READING, THEN I WAS ASKING, THEY WOULD LIKE TO BE IN A POSITION TO START CONSTRUCTION THIS FALL.
OBVIOUSLY WE NEED A BUILDING PERMIT, ET CETERA.
IT WOULD PROBABLY TAKE TWO TO THREE MONTHS FOR CONSTRUCTION.
SO IT'S MOST LIKELY GONNA BE, I WOULD SAY SPRING OR EARLY SUMMER NEXT YEAR.
THAT OTHER PROJECT'S GOING UP QUITE FAST.
THAT'S A LITTLE BIT SMALLER SCOPE.
I FIGURED AS LONG AS THEY WERE ALL STILL READING, I HAD YOU ALL TO MYSELF.
I, I MEAN THEY'D LOVE TO GET IT OPEN THIS SEASON.
SO I WOULD GUESS RIGHT HOW APPROVALS ARE IN PLACE.
WE DO HAVE ALL THE OTHER APPROVAL, SO YEAH.
IT COULD MAYBE GET IT BEFORE THIS ALL HITS THE GROUND.
RIGHT NOW YOU JUST HAVE NEIGHBORHOOD KIDS WHO ARE MORE THAN WILLING TO SQUIRT A HOSE AT ONE ANOTHER AND WASH A CAR FOR YOU.
INSTEAD OF WINTER, IT'S A LITTLE HARDER TO CONVINCE YOUR KID THAT WASHING THE CAR IS THE BEST IDEA.
MAY HAVE ENDED UP WITH AN ICE RINK ONCE OR TWICE IN MY DRIVEWAY BECAUSE OF IT.
NO, IT'LL BE PRETTY QUICK IN TERMS OF CONSTRUCTION.
IT'S OBVIOUSLY THAT DODGY WENDELL SERVER.
WHATCHA TRYING TO FIND OUT? I GOT,
[02:35:01]
I PULLED THE TOWN ZONE THERE.I WAS JUST GIVING DREW A HARD TIME.
I HAVEN'T PERMANENTLY SAVED MY, I KNOW IT WASN'T OPENING.
NOW I'VE ZOOMED UP THE ENTIRE COUNTRY.
WHO THE MASK ON? THEY WERE ASKING IF SARAH WAS STILL HERE OR IF SHE HAD LEFT.
ARE YOU LOOKING FOR JUST THE TOWN OF HANDBOOK ZONING NOW? OH YEAH.
THE OTHER THING JUST CONFIRMING IT WAS C2.
OH, THE PROJECT WE'RE NOT TALKING ABOUT RIGHT NOW.
I SEE YOU FINISH READING THIS.
IF YOU EVER MEET, I ALWAYS KIND OF SAY IN THE HARD DRIVE.
UM, YEAH, NO, I LIKE THE, I LIKE THE ZOOMIE ONE.
WELL, I BOOKMARK, JUST LEMME KNOW WHEN YOU FINISHED.
I THINK THIS, YOU'RE JUST WAITING DOWN THE GENTLEMAN C ONE.
YEAH, THERE'S A LIGHT PAINTING, WHICH IS TWO C1.
I THOUGHT THEY WERE CCI JUST DIDN'T HAVE ALL HIS PERMISSIONS.
THIS IS 2,400, RIGHT? OH YEAH.
PLUS 250 FEET, I SAY OF INDOOR VERSUS MORE.
YEAH, YOU CAN'T RIGHT? WE'RE WE'RE, WE'RE WE'RE, WE'RE WE'RE MAKING AN ACCOMMODATION.
THAT IS I'LL I'LL SHOW IT TO YOU.
IT'S NOT WHAT I, IT'S NOT WHAT I ASKED.
I ALSO, OKAY, YOU READY TO GO? ARE WE ALL DONE READING? YEP.
SO THAT PUTS US INTO KATELIN GETS TO READ THE SECRET RESOLUTION.
THE TOWN OF HAMBURG RECEIVED A WELL SECRET RESOLUTION FOR J-S-E-K-L-L-C SITE PLAN 44 84 SOUTHWESTERN BOULEVARD.
THE TOWN OF HAMBURG RECEIVED A SITE PLAN APPLICATION FROM JSEK HAMBURG, LLC TO CONSTRUCT A STANDALONE CAR WASH AT 44 84 SOUTHWESTERN BOULEVARD.
THE HAMBURG PLANNING BOARD HAS REVIEWED THE, THE PLAN AND HELD THE REQUIRED PUBLIC HEARING.
THE PROJECT IS LOCATED IN THE HAMBURG BUSINESS PARK, WHICH WAS THE SUBJECT OF A-G-E-I-S IN FINDINGS.
AND RECENTLY AMENDED FINDINGS WERE ISSUED BY THE TOWN BOARD.
THE HAMBURG PLANNING BOARD IN ACCORDANCE WITH CCRA, HAS REVIEWED THE PROJECT AGAINST THE AMENDED SECKER FINDINGS AND HAVE DETERMINED THAT THE PROPOSED ACTION IS IN ACCORDANCE WITH THE SECKER FINDINGS AND THEREFORE
[02:40:01]
WILL NOT ADVERSELY AFFECT THE NATURAL RESOURCES OF THE STATE AND OR THE HEALTH, SAFETY AND WELFARE OF THE PUBLIC AND IS CONSISTENT WITH SOCIAL AND ECONOMIC CONSIDERATIONS.THE PLANNING BOARD CHAIRMAN IS AUTHORIZED TO SIGN THE AMENDED FINDINGS FORM TO DOCUMENT THIS CONFORMANCE.
SO WE HAVE A MOTION BY MR. MCCORMICK AND BILL I MAKE TWO SMALL AMENDMENTS TO THE LOCATION IS ACTUALLY THE PROPERTY WEST OF 4 84 SOUTHWESTERN BOULEVARD.
AND THE FIRST PART OF IT RECEIVED A SITE PLAN, MINOR SUBDIVISION AND SPECIAL USE PERMIT APPLICATION.
SO I APOLOGIZE, IT WAS FROM AN OLD, OLD RESOLUTION, BUT THERE WAS THREE THINGS.
SITE HOLD ON SITE PLAN, MINOR SUBDIVISION AND SPECIAL USE PERMIT.
AND THAT SPECIAL USE PERMIT AND IS PROPERTY WEST OF FOUR FOUR PROPERTY HAS NO ADDRESS.
SO WE HAD TO DEFINE AS WEST OF, I AMEND MY MOTION TO INSERT IN THE FIRST LINE ON THE RESOLUTION AFTER THE FREIGHT SITE PLAN APPLICATION, UH, MINOR SUBDIVISION AND SPECIAL USE PERMIT APPLICATIONS FROM, UH, AND THEN ALSO AMEND IT TO INSERT IN FRONT OF 44 84 SOUTHWESTERN ROAD FORWARD THAT IT IS THE PROPERTY WEST OF THAT ADDRESS.
AMENDED MOTION BY MRS. MCCORMICK.
OKAY, SO THEN BEFORE WHOEVER READS THE MINOR SUBDIVISION APPLICATION, THAT'S GONNA BE MY RIGHT.
YOU NEED TO INSERT IN FRONT OF 44 84 IN THE FIRST PARAGRAPH WEST OF THE PROPERTY, WEST OF, AND YOU HAVE TO SAY WE'RE WAIVING THE PRELIMINARY PLAT, WHICH IS AT THE BOTTOM RIGHT? THAT'S ALREADY IN THERE.
YES, IT'S THE WAIVING ISN'T AUTHORIZED TO SIGN THE PRELIMINARY PLA.
OH, WAIVING WA THE FIRST PART OF THAT IS YOU WAIVING THE COMPLETION OF A FINAL PLAT.
UNLESS YOU'RE READING BACKWARDS.
BOB, DO YOU WANT MINE? I WROTE NOTES ON IT FOR THE ADDITION.
MINOR SUB DIVISION APPROVAL RESOLUTION.
JSEK HAMBURG, LLC SITE PLAN WEST OF 44 84 SOUTHWESTERN BOULEVARD.
THE TOWN OF HAMBURG RECEIVED A MINOR SUBDIVISION APPLICATION FROM JSEK HAMBURG, LLC FOR THE CONSTRUCTION OF A STANDALONE CAR WASH WEST OF 4 4 8 4 SOUTHWESTERN BOULEVARD.
THE PLANNING BOARD IN COURTS WITH THE NEW YORK STATE SECRET LAW AND THE SECURE REGULATIONS CONTAINED IN SIX N-Y-C-R-R PART 6 1 7 HAVE FILED A PROJECT IN ACCORDANCE WITH THE AMENDED FINDINGS ISSUED FOR THE BUSINESS PART.
THE PLANNING BOARD HAS REVIEWED THE SUBDIVISION APPLICATION AGAINST THE SUBDIVISION REQUIREMENTS OF THE TOWN.
THE INPUT RECEIVED FROM VARIOUS DEPARTMENTS HAS HELD THE PRIOR PUBLIC HEARING.
THE HAMBURG PLANNING BOARD HEREBY ISSUES PRELIMINARY SUBDIVISION APPROVAL IN ACCORDANCE WITH CHAPTER 2 3 0 WITH THE FOLLOWING CONDITIONS.
NUMBER ONE, THE PROJECT WILL ADDRESS THE COMMENTS IN THE TOWN ENGINEERING DEPARTMENT MEMO DATED 7 23 21 AND NUMBER TWO, IN ACCORDANCE WITH THE TOWN SUBDIVISION REQUIREMENTS, SIDEWALK SHALL BE WAIVED.
FINALLY, THE HAMBURG PLANNING BOARD WAIVES THE FILING OF THE MAP COVER AND THE PLANNING BOARD CHAIRMAN IS AUTHORIZED TO SIGN THE PRELIMINARY PR PLAT ONCE THE TOWN ENGINEER SIGNS OFF THE PLAT, UH, WAIVE OF THE PRELIMINARY PLAT.
CAN I MAKE ONE COMMENT? I I THINK I HEARD REFERENCE TO PRELIMINARY SUBDIVISION APPROVAL.
I THINK IT SHOULD SAY MINOR SUBDIVISION APPROVAL.
ACTUALLY IT IS JUST PRELIMINARY SUBDIVISION APPROVAL.
YOU'RE DEFINED AS A MINOR SUBDIVISION OR MAJOR SUB, BUT I THINK IT'S OKAY.
I'M FINE AS LONG AS WE'RE CLEAR.
WE'RE NOT COMING BACK FOR THIS, WHICH I KNOW EVERYONE GETS SO.
I DIDN'T ASK HIM THE LAST TIME.
SO SARAH, PLEASE HAVE THE, THE MINUTES REFLECT THAT, UH, DENNIS CHAPMAN WAS OPPOSED.
UH, THE, THE ONE BEFORE THIS TOO.
SORRY, I SHOULD HAVE DONE THAT, DENNIS, I'M SORRY.
SO, UM, SPECIAL USE PERMIT APPROVAL RESOLUTION JSEK HAMBURG, LLC NORTHWEST OF 4 4 8 4 SOUTHWESTERN BOULEVARD.
THE TOWN OF HAMBURG RECEIVED A SPECIAL USE PERMIT APPLICATION FROM JSEK HAMBURG, LLC TO CONSTRUCT A STANDALONE CAR WASH NORTHWEST OF 4 4 8 4 SOUTHWESTERN BOULEVARD IN THE HAMBURG BUSINESS PARK.
THE PLANNING BOARD IN REVIEWING THE PROPOSED SPECIAL
[02:45:01]
USE PERMIT APPLICATION HAS DETERMINED AND DOCUMENTED IN ACCORDANCE WITH ARTICLE XLVI SECTIONS 2 8 0 DASH THREE 12 AND 2 8 0 DASH 3 23.THAT ONE WILL BE IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF THIS CHAPTER.
THESE ARE TO PROMOTE AND PROTECT PUBLIC HEALTH, SAFETY, COMFORT, CONVENIENCE, PROSPERITY, AND OTHER ASPECTS OF THE GENERAL WELFARE.
THESE GENERAL GOALS INCLUDE AMONG OTHERS THE FOLLOWING SPECIFIC PURPOSES TO PROVIDE ADEQUATE LIGHT AIR AND CONVENIENCES OF ACCESS TO PREVENT UNDUE CONCENTRATION OF POPULATION AND OVERCROWDING OF LAND TO LESSEN CONGESTION IN THE STREETS, TO SECURE SAFETY FROM FIRE, FLOOD, PANIC AND OTHER DANGERS TO ENHANCE THE ENVIRONMENT BY CONSERVATION OF CERTAIN OPEN LAND AREAS WITH CERTAIN DESIRABLE OR UNIQUE CHARACTERISTICS, WORTHY OF PRESERVATION TO FACILITATE THE ADEQUATE PROVISIONS OF TRANSPORTATION, WATER, SEWAGE, SCHOOLS, PARKS, AND OTHER PUBLIC REQUIREMENTS.
AND TO PRESERVE AND PROMOTE THE ATTRACTIVENESS OF THE COMMUNITY.
THIS PROJECT IS IN ACCORDANCE WITH THESE PURPOSES AND INTENT OF THIS.
CHAPTER TWO WILL NOT CREATE A HAZARD TO HEALTH SAFETY OR THE GENERAL WELFARE.
THE PLANNING BOARD HAS REVIEWED THE INFORMATION SUBMITTED AND REQUESTED THE TOWN BOARD'S CONSIDERATION OF THE USE WITHIN THE PARK AND THE TOWN BOARD HAS MODIFIED THEIR SEEKER FINDINGS IN REZONING.
THE CAR VOLUME OF THIS TYPE OF CAR WASH WILL NOT CREATE TRAFFIC OVER THE THRESHOLDS IN THE FINDINGS DOCUMENT.
THE PROJECT WILL NOT HAVE OTHER IMPACTS TO THE HEALTH, SAFETY, AND WELFARE OF THE COMMUNITY.
THREE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD NOR BE DETRIMENTAL TO THE RESIDENTS THEREOF.
THE SITE AND SURROUNDING LANDS ON RILEY BOULEVARD AND SOUTHWESTERN ARE ALL ZONED COMMERCIAL.
THE AGRICULTURAL, THE ARCHITECTURE, ARCHITECTURE, SORRY, OF THE STRUCTURE HAS BEEN UPGRADED TO BETTER FIT INTO THE AREA AND BUSINESS PARK NOW THEREFORE BE IT RESOLVED.
WHAT IS THERE? OH, DID THAT NOT COPY ON THE BACK? NOT COPY.
THERE'S NOTHING COPIED ON THE BAG.
IS THERE ANOTHER, IS THERE A FOUR? WHAT'S THAT? THERE'S A FOUR BEFORE NOW.
THERE THERE'S A WHOLE BUNCH DRILL LEFT OF THIS.
THAT'S WHAT I THOUGHT IS THAT THAT WASN'T ALL YEAH, 'CAUSE I'M SORRY.
THE OTHER THING I DO WANNA NOTE WHILE THERE'S A BRIEF PAUSE HERE, DON'T INTERRUPT OR FLOW.
AND THEN THERE'S THE SPECIFIC CRITERIA FOR A CAR WASH.
AND THEN IT GOES ON TO THE LIST.
FOUR WILL NOT OTHERWISE BE DETRIMENTAL TO THE PUBLIC CONVENIENCE AND WELFARE.
THE PROJECT BEING LOCATED IN A PLANNED BUSINESS PARK WILL NOT IMPACT THE WALKABILITY OF THE AREA AND RE SHOULD RESULT IN MINIMAL IMPACTS TO THE PUBLIC CONVENIENCE FOR COMMERCIAL CAR WASHES.
A, THESE FACILITIES SHALL NOT BE LOCATED WITH 200 FEET OF ANY RESIDENTIAL STRUCTURE OR WITHIN 500 FEET OF ANY OTHER SUCH FACILITY.
THIS PROPOSED CAR WASHE IS OVER 200 FEET FROM THE NEAREST RESIDENTIAL STRUCTURE AND THERE ARE NO OTHER CAR WASHES WITHIN 500 FEET OF THIS SITE.
B, ARCHITECTURAL FEATURES OF THE CAR WASH BUILDINGS AND OTHER BUILDINGS ON THE PROPERTY BE IN HARMONY WITH THE SURROUNDING USES.
THE TYPE OF ARCHITECTURE OF THE BUILDING WILL FIT INTO THE OVERALL ARCHITECTURAL SCALE OF THE BUSINESS PARK AND ITS LOCATION WILL NOT BE VISIBLE TO ANY SURROUNDING RESIDENTIAL AREAS.
C VISIBILITY FROM THE ROAD SHALL BE MINIMIZED THROUGH PROPER SITTING SETBACKS.
EXISTING TOPOGRAPHIC FEATURES, BI AND LANDSCAPING FEATURES.
THE PROJECTS WILL FRONT ON WILEY BOULEVARD, A BUSINESS PARK ROAD AND IS LOCATED AND WILL BE LANDSCAPED TO MINIMIZE AND IMPROVE VIEWS FROM SURROUNDING AREAS.
BASED ON THE INFORMATION SUBMITTED AND THE SPECIAL USE PERMIT DISCUSSION, THE PLANNING BOARD APPROVES THE ISSUANCE OF A SPECIAL USE PERMIT TO CONSTRUCT AND OPERATE A CAR WASH ON PROPERTY LOCATED NORTHWEST OF 4 4 8 4 SOUTHWESTERN BOULEVARD WITHIN THE HAMBURG BUSINESS PARK WITH THE FOLLOWING CONDITIONS.
ONE, IT IS BASED ON SITE PLAN APPROVED BY THE PLANNING BOARD WITH ANY CONDITIONS ATTACHED TO THAT PLAN.
TWO, THE LIGHTING WILL BE SHOWN ON THE APPROVED SITE PLAN AND INTERNAL BUILDING LIGHTING WILL BE SHIELDED AND NOT NEON FLASHING OR COLORED LIGHTS.
THREE, THE NOISE LEVEL WILL MEET TOWN ORDINANCES AND NOT EXCEED 85 DECIBELS.
[02:50:03]
85 DECIBELS AT THE SITE.AT THE SITE, AT THE EQUIPMENT, AT THE LOCATION OF THE EQUIPMENT.
85 DECIBELS AT THE LOCATION OF THE EQUIPMENT MOTION BY MR. CLARK.
ANTHONY JUST WANTED TO POINT OUT THAT THE STUDY IS ACTUALLY NORTHEAST OF 44.
IT SAYS, IT SAYS IN THE, IT'S DIFFERENT IN EACH ONE OF THE
WELL, IF YOU LOOK AT THE, IF YOU LOOK AT THE, WE'RE LOOKING AT THE PLAN, JUST MAKE A NOTE THAT SAYS, I WOULD MAKE A MOTION TO AMEND THE THREE PRIOR AUTHORIZATIONS FOR THE SPECIAL USE PERMIT FOR THE CA RESOLUTION AND FOR THE MINOR SUBDIVISION APPROVAL THAT WE AMEND THE DESCRIPTION OF THE PROPERTY FROM THE PROPERTY TO THE LOCATED TO THE WEST OF 44 84 SOUTHWESTERN BOULEVARD, TO THE PROPERTY LOCATED NORTHEAST OF 44 84 SOUTHWESTERN BOULEVARD.
DOES ANYBODY WANNA READ THE SITE? UM, IF IT'S ALL MARKED UP RIGHT, THERE'S NOTHING THAT NEEDS TO BE MARKED ON IT.
BUT I WILL WANNA NOTE KNOW I WOULD ADD THE 85 DECIBELS ON THIS ONE.
WELL, OH, WE CAN HAVE 85 DECIBELS.
UM, I, I DO WANNA NOTE FOR SARAH DOING THE MINUTES, I, I DON'T WANT TO USE THAT FORMAT FOR A SPECIAL USE PERMIT RESOLUTION.
I THINK THE ONES THAT WE, WE HAVE FOR SOME OF THE OTHER PROJECTS ARE, ARE A LOT BETTER.
SO, WELL, WHAT, WHAT DO YOU NEED? I, I BROKE THESE FOR YOU.
UM, THAT LONG PARAGRAPH ABOUT, UM, CONGESTION IN THE STREETS.
UM, THAT, THAT WE USED BEFORE.
'CAUSE SOMEBODY ASKED WHAT THAT MEANT SO I TOOK IT OUT OF THE CODE AND PUT IT IN.
YOU REFERENCE THE SECTION OF CODE NEXT TIME.
I WON'T, I WON'T QUOTE, I'LL JUST PUT THE REQUIREMENT AND NOT DESCRIBE WHAT THE REQUIREMENT IS.
YEAH, I THINK THAT WOULD BE BETTER.
SITE PLAN, APPROVAL RESOLUTION FOR JSEK HAMBURG, LLC SITE PLAN 44 84 SOUTHWESTERN BOULEVARD.
THE PLANNING BOARD BASED ON THEIR DETERMINATION THAT THE PROJECT IS IN CONFORMANCE WITH THE AMENDED FINDINGS AND CONDITIONAL REZONING FOR THIS BUSINESS PARK.
REVIEW OF THE PROJECT IN ACCORDANCE WITH ARTICLE XLIV SITE PLAN APPROVAL AND THE C TWO ZONE DISTRICT REQUIREMENTS OF THE TOWN OF HAMBURG ZONING CODE HAVE RECEIVED AND CONSIDERED INPUT FROM THE TOWN DEPARTMENT'S, COMMITTEES, AND ADVISORY BOARDS HAVING COMPLETED THE REQUIRED PUBLIC HEARING AND HAVING THE APPLICANT PROVIDE A DECIBEL RATING REPORT.
HEREBY GRANTS CONDITIONAL SITE PLAN APPROVAL FOR THE JSEK HAMBURG LLC PROJECT TO BE LOCATED AT 4 4 8 4 SOUTHWESTERN BOULEVARD WITH THE FOLLOWING CONDITIONS.
ONE APPROVALS CON CONTINGENT UPON THE ENGINEERING DEPARTMENT COMMENT LETTER DATED JULY.
WHAT'S THE LETTER DATED? CAN BE JULY 23RD.
I JUST WANNA MAKE SURE IT'S, YOU HAVE THE RIGHT DATE IN HERE.
THE FINAL LANDSCAPE PLAN WILL BE APPROVED BY THE PLANNING DEPARTMENT IN SHELL INCLUDE, DO YOU WANNA ADD ANY CONDITIONS? IS THERE ANYTHING SPECIFIC? THE NOISE DID THE NOISE? NO, NO, WE'RE ON LANDSCAPING.
OH, LANDSCAPING ONE, ONE THING AT A TIME.
DO YOU WANT THE CONSERVATION BOARD AND THE REVIEW APPROVED BY THE PLANNING DEPARTMENT AND THE CONSERVATION ADVISORY BOARD.
REMEMBER WE DID INCORPORATE EXACTLY WHAT THEY ASKED.
AND SHELBY REVIEWED, REVIEWED AND APPROVED BY THE CONSERVATION ADVISORY BOARD AND THE PLANNING DEPARTMENT.
PLANNING DEPARTMENT'S ALREADY IN THERE.
I'M JUST WRITING IT DOWN SO SARAH CAN JUST COPY WHAT YOU HAVE.
AND I THINK THIS RESOLUTION REFERENCED THE ADDRESS AS 44 84.
WANNA MAKE SURE WE'RE BEING CONSISTENT? YEAH.
SHE SHIELD AND BE DARK SKY COMPLIANT IS SHOWN ON THE PLAN.
NEON FLASHING COLORED LIGHTS SHALL NOT BE UTILIZED IN THE BUILDING OR OUTSIDE OF THE BUILDING.
NO OUTDOOR STORAGE WILL BE ALLOWED.
THE CONSTRUCTION OF SIDEWALKS IS WAIVED AS THEY ARE ALREADY LOCATED ALONG THE ROAD.
AND NOISE WILL NOT EXCEED 85 DECIBELS AT THE SITE OF THE EQUIPMENT.
NOW I JUST HAVE ONE QUICK QUESTION ON THE MOTION I PRESENTED WHEN I WAS READING IT OVER BEFORE WE VOTE ON IT.
IT SAID THAT THERE WAS THE APPLICANT PROVIDED A DECIMAL READING
[02:55:01]
REPORT.DID YOU PROVIDE A DECIMAL READING REPORT REPORT? NO.
WHAT I, WHAT I WOULD SUGGEST, IF YOU WANTED, MAKE SURE THAT IT'S INCORPORATED, UH, MAKE A CONDITION, SAY THE APPLICANT SHALL PROVIDE.
SO I WOULD PROVIDE, I WOULD SAY THE TECHNICAL SPECIFICATIONS OR WHATEVER.
MAKE IT A CONDITION THEN THAT THAT'S FINE.
SO HE ASKED FOR IT AT THE LAST MEETING.
THIS OTHER STUFF TONIGHT AND WE DON'T HAVE IT.
I SO ALL WE'RE GONNA PUT A CONDITION IF THE DECIBEL READING REPORT WILL BE SUBMITTED, I WOULD, I DON'T KNOW IF WE WANNA SAY DECIBEL READING REPORT.
I WOULD JUST, THE INFORMATION ON ON THE NOISE LEVEL.
EQUIPMENT NOISE, THE NOISE LEVELS, SPECIFICATIONS FROM THE EQUIPMENT MANUFACTURER.
BE PROVIDED AND FILED WITH THE PLANNING DEPARTMENT.
YOU'RE GONNA WRITE THAT ONE UP.
SOMEONE'S GOTTA DICTATE THAT YOU THINK NOISE LEVEL EXPECTATIONS.
THE, THE, THE APPLICANT WILL PROVIDE THE MANUFACTURERS NOISE SPECIFICATIONS BASED ON TO THE PLANNING DEPARTMENT PRIOR TO INSTALLATION OF THE EQUIPMENT.
I WILL NOTE MY CLIENT DID REQUEST IT, SO HOPEFULLY WE'LL GET IT BACK SOON.
THEY TAKE A LONG TIME TO DO THAT.
SO SOMETIMES, 'CAUSE THEN THEY DECIDED TO PROPRIETARY, I KNOW IT'S COMING.
JUST FOR THE RECORD, THIS IS WHY THEY ARE DRAFT RESOLUTIONS.
THERE ARE RESOLUTIONS THAT YOU PASS, SO AT LEAST YOU HAVE GUIDANCE FOR DOING THE RESOLUTION.
YOU MAKE CHANGES TO THEM AS YOU DEEM FIFTH AND WE HAVE AND YOU PASS.
SO SARAH, JUST FOR NOTE TAKING PURPOSES, WE'RE GONNA REMOVE THE REQUIRED, UM, PROVIDE A DECAL RATING REPORT IN THE FIRST PARAGRAPH.
AND WE ARE GONNA PUT CONDITION NUMBER EIGHT THAT THE NOISE LEVEL SPECIFICATION BASED ON MANUFACTURER GUIDELINES THAT WE PRESENTED TO PRIOR TO THE INSTALLATION OF SITE EQUIPMENT TO THE PLANNING DEPARTMENT.
I SECOND THE AMENDED RESOLUTION.
OKAY, SO MOTION BY MRS. UFFORD.
THANK YOU EVERYONE HAVE A GREAT EVENING.
I THINK, I THINK YOU, I WANT EXCUSE MYSELF FROM THIS NEXT.
CAN I JUST ASK YOU, WOULD SHE READ BEFORE WE GET BACK TO THIS, THIS SHOULD WE APPROVE, MAKE A MOTION TO APPROVE THE MERIT.
SO WE ARE BRINGING BACK BLOOM CREATIVE ART.
WE GOTTA DO THE SPECIAL I YES.
SO I GAVE CHAIRMAN CLARK THE A PLAN THAT THE APPLICANT HAD THAT HAD THE BOULDERS DRAWN IN.
THAT WAS THE BEST THEY HAD GIVEN THE CIRCUMSTANCES RIGHT NOW.
AND I ALSO PREPARED, UH, WE ALSO A COUPLE OTHER THINGS FOR THAT, JUST ON SPECIFICALLY ON THE BOULDERS.
SIZE AND THEN, UM, WE, WE WERE ABLE TO TO PLACEMENT ON SO PLACEMENT, UM, THAT'S ACTUALLY OKAY.
AND SO WHEN WE'VE GOT OUR MOTIONS FOR A SPECIAL USE PERMIT AND SITE PLAN APPROVAL, BOTH OF THEM ARE A BIT DIFFERENT THAN WHAT WE USUALLY HAVE.
UM, SO IS THERE ANYTHING WE HAVE TO TALK ABOUT BEFORE WE GO INTO THAT? UH, YOU MAY JUST WANNA TAKE A QUICK LOOK OVER THE RESOLUTION.
I PREPARED FOR SITE PLAN APPROVAL FOR JUST LANGUAGE.
SO I ALSO MADE SOME AMENDMENTS IF EVERYBODY HAS THEIR, THE DRAFT RESOLUTIONS.
I, LET ME WALK THROUGH WHAT I'VE GOT FOR THE SPECIAL USE PERMIT.
SO WHAT I HAVE IS ON CONDITION SIX, RIGHT? WRONG NUMBER OF SQUARE FEET.
SO I ADDED, CHANGED 2,800 SQUARE FEET TO 2,400 AND THEN INSERTED THE WORD OUTDOOR IN FRONT OF PLAY AREA.
AND THEN I ADDED, I THINK THAT WE SHOULD REMOVE THE STATEMENT FOR THE SPECIAL NEEDS CHILDREN.
[03:00:01]
I I WOULD JUST SAY FOR THE, FOR THE CHILDREN BECAUSE THEY'RE, IT IS BOTH.AND THEN I ADDED, I THINK THAT WE NEED TO INSERT AFTER THE PLAY AREA THAT WE SHOULD ALSO INSERT PLUS 250, APPROXIMATELY 250 SQUARE FEET OF INDOOR GROSS MOTOR PLAY AREA.
YOU GUYS ARE ALL OKAY WITH THIS GROSS MOVEMENT AREA? GROSS MOTOR MOVEMENT AREA.
UM, THIS ALSO PROVIDES A RESTRICTION THAT NO MORE THAN 20 CHILDREN WILL USE THE PLAY AREA AT ANY GIVEN TIME.
DO WE WANNA CHANGE IT TO 19? WELL, DO WE WANNA DO IT BASED ON THE A HUNDRED SQUARE FEET OR LIKE I THOUGHT WE WERE GONNA BASE IT ON THE THAT'S FINE BECAUSE YOU SAID ONLY ONE CLASS AT A TIME.
SO BECAUSE IF THERE'S REQUIREMENTS FOR HOW MANY KIDS CAN GO IN THE ROOM ITSELF TOO.
SO IT'S 19 CAN ONLY BE USED AND SO THAT WOULD ONLY BE 19.
UM, SO REGARDING CONDITION NINE, UH, I THINK WE CAN LEAVE IT AS IT WAS ORIGINALLY DRAFTED.
HOWEVER, IT, IT IS 27 PARKING SPACES TOTAL, WHICH IS O ABOVE THE 18 PLUS THREE.
SO I THINK IT CAN JUST SAY AS WRITTEN WITHOUT, IS THAT, IS THAT, ARE PEOPLE COMFORTABLE WITH THAT? OH YEAH.
BUT THE WAY I'M READING IT IS 27 PARKING SPACES HAVE BEEN PROVIDED INCLUDING, LIKE I'M READING THE 27 AND THEN AN ADDITIONAL ONE SPACE.
NO, INCLUDING WOULD BE PART OF THE 27.
SO I'M JUST READING IT AS SO IT'S 27 ADDITIONAL SPACES WAS OF INCLUSIVE OF THERE WE GO.
I JUST WANNA BE CLEAR SO THAT THEY DON'T COME BACK LATER AND TELL HER SHE HAS, OKAY.
SO THAT IS INCLUSIVE OF AT LEAST ONE OFF STREET PARKING SPACE FOR EACH FULL TIME SEPARATE ROOM.
AND THREE, A MINIMUM OF THREE SPACES FOR PARENTS AND VISITORS.
SO THEN WE ALSO ARE GONNA ADD ABOVE THE MOVE TO GRANT A THAT'S THE PSYCH LINE.
SO THAT'S, THAT'S ALL WE'VE GOT ON SPECIAL USE PERMIT.
WELL I HAVE, UM, I MEAN THE, IT'S, IT, IT IS NOT COMPLETE.
'CAUSE NOW THEREFORE YOU RESOLVED THE TOWN HEREBY DETERMINED.
SO THERE'S, WE THERE'S LANGUAGE AFTER THAT.
SO REMOVE, DETERMINES AND HAVE ISSUES.
THE, WITH THE CONDITION THAT IT BE USED AS A 4 40 10 FACILITY FOR CHILDREN WITH SPECIAL NEEDS AND THAT THE SPECIAL USE PERMIT WILL EXPIRE.
IF THE FACILITY IS NOT USED AS A 44 10 FACILITY, I THINK THAT WE CAN LEAVE 44 10 FACILITY THERE.
BUT I DON'T THINK WE WANT TO ADD THE SPECIAL NEEDS.
I JUST WANT TO BE 44 10, UH, THAT OTHERWISE WON'T.
AND THEN ON THE BACK FOR THE SITE PLAN APPROVAL.
THE END OF THIS GOES TO THE BACK OF THIS PAGE.
OH, WHY IN THE BACK? OKAY, SO THEN ON THE BACK THEN IT'S OKAY.
SO THEN WE ALSO HAVE INSERTING ABOVE THE SIDEWALKS.
SO THEN WE NEED TO DO WHAT WE HAVE PROPOSED FROM JENNIFER TO INCLUDE ABOVE THE CONDITIONAL SITE PLAN.
APPROVAL IS A STATEMENT THAT SAYS THE PLANNING BOARD BASED ON ITS REVIEW OF THE PROJECT IN ACCORDANCE WITH ARTICLE XLIV SITE PLAN APPROVAL AND THE C ONE ZONING DISTRICT DISTRICT REQUIREMENTS OF THE TOWN OF HAMBURG ZONING CODE HAVING RECEIVED AND CONSIDERED INPUT FROM THE TOWN DEPARTMENT'S, COMMITTEES, AND ADVISORY BOARDS, HAVING COMPLETED THE REQUIRED PUBLIC HEARING AND HAVING THE APPLICANT ADDRESS THE PLANNING BOARD'S COMMENTS HEREBY GRANTS CONDITIONAL SITE PLAN APPROVAL FOR THE BLOOM CREATIVE ARTS PROJECT TO BE LOCATED AT 36 74 COMMERCE PARKWAY WITH THE FOLLOWING CONDITIONS.
UH, ONE BASED ON THE EXIGENT UNIQUE AND UNUSUAL CIRCUMSTANCES OF THE APPLICANT DUE TO THE ZONING BOARD OF APPEALS DELAYS AND THE NEW YORK STATE EDUCATIONAL DEADLINES.
UH, WE, I THINK I I INTENDED THAT PHRASE TO GO.
OH, SO THAT'S NOT A CONDITION THAT'S GOING ABOVE? NO, THAT'S GOING RIGHT HERE, LOCATED AT OH SIX SEVEN WORK COMMERCE PARKWAY BASED ON, THIS IS NOT MY CHICKEN SCRATCH.
I KNOW I'M NOT, YOU HAVE DIFFERENT CHICKEN SCRATCH OKAY.
WITH THE FOLLOWING CONDITIONS.
SO THAT BASE PORTION GETS INSERTED WITH THE FOLLOWING CONDITIONS AND THEN THE CONDITIONS ARE WAVING AND INSTALLATION OF SIDEWALKS.
AND THEN THE SECOND CONDITION IS BEFORE THE PRESCHOOL OPENS, A PLAN PREPARED AND SIGNED BY A LICENSED ARCHITECT OR ENGINEER SHALL BE SUBMITTED TO THE BUILDING DEPARTMENT
[03:05:01]
SHOWING THE PLACEMENT.I THINK A FINAL, I THINK WE REVISED THIS.
THAT'S WHAT I WAS LEAVING UP TO THE PLANNING BOARD.
UH, FINAL SITE PLAN THAT CONFORMS WITH THE ZONING BOARD'S DECISION OR SOMETHING LIKE THAT WOULD BE FINE.
THAT THAT IDENTIFIES PARKING AREAS.
ADVISE EXCLUSIVE PARKING AREAS, AREAS AND ZBA AND ZBA CONDITIONS BE FILED WITH THE PLANNING DEPARTMENT PLANNING AND BUILDING DEPARTMENTS BE SUBMITTED TO, TO THE BUILDING PART.
ARE PEOPLE OKAY WITH THAT? ARE THERE ANY OTHER REVISIONS WE NEED IN THERE? NO, NO, I JUST, I JUST WONDERING IF YOU GOT IT ALL.
'CAUSE THAT'S A, THAT'S A LOT.
AND WHEN I BOTCH IT, SOMEONE'S GONNA TELL ME THE, THE ADDRESSES COMMERCE PLACE.
WE, UH, THIS IS, UH, CAN WE ALSO MAKE A PHOTO COPY OF IT AFTERWARDS SO THAT SARAH HAS IT FOR NOTATION AND RECORDS? YEAH.
THIS WOULD BE A LOT TO KIND OF TRANSFER AND MAKE SURE IT ALL GETS YEAH.
JUST SO, AND IT'S GOTTA BE JUST, SO THAT'S WHY WE'RE GOING THROUGH THIS.
SO THIS IS A TYPE TWO ACTION UNDER SEEKER.
SO WE ARE NOT INCLUDING THE DRAFT SEEKER RESOLUTION AS IT IS A TYPE TWO ACTION UNDER SEEKER.
THERE'S NOTHING WE NEED TO DETERMINE.
SO I'M GONNA START WITH THE SPECIAL USE PERMIT.
WHEREAS THE TOWN OF HAMBURG RECEIVED A SPECIAL USE PERMIT APPLICATION FROM BLOOM CREATIVE ARTS TO UTILIZE AN EXISTING BUILDING FOR PRESCHOOL AND SCHOOL AGE CHILDREN THAT SPECIALIZES IN CHILDREN WITH SPECIAL NEEDS AT 36 74 COMMERCE PLACE.
AND WHEREAS ON JUNE 2ND, 2021, THE HAMBURG PLANNING BOARD HELD THE REQUIRED PUBLIC HEARING AND WHEREAS THE HAMBURG PLANNING BOARD IN REVIEWING THE PROPOSED PROJECT FOR SPECIAL USE PERMIT HAS DETERMINED IN ACCORDANCE WITH SECTION TWO 80 DASH THREE 12 AND TWO 80 DASH THREE 15.
THAT ONE, THE PROJECT WILL BE IN HARMONY WITH THE PURPOSES AND INTENT OF SECTION TWO 80 DASH THREE 12.
TWO, THE PROJECT WILL NOT CREATE A HAZARD TO HEALTH, SAFETY AND GENERAL WELFARE.
THE PROJECT WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD, NOR WILL IT BE DETRIMENTAL TO ITS RESIDENTS.
THE PROJECT WILL NOT OTHERWISE BE DETRIMENTAL TO THE PUBLIC CONVENIENCE AND WELFARE.
THE PRESCHOOL IS LICENSED BY THE STATE OF NEW YORK.
A VARIANCE WAS GRANTED BY THE ZONING BOARD OF THE BOARD OF ZONING APPEALS TO ALLOW THE APPLICANT TO PROVIDE 2,400 SQUARE FEET OF OUTDOOR PLAY AREA, PLUS APPROXIMATELY 250 SQUARE FEET OF INDOOR GROSS MOTOR MOVEMENT AREA FOR THE CHILDREN.
PER NEW YORK STATE, NO MORE THAN 19 CHILDREN WILL USE THE PLAY AREA AT ANY GIVEN TIME.
OUTDOOR PLAY AREA, THE OUTDOOR PLAY AREA AT ANY GIVEN TIME.
THE PRESCHOOL WILL NOT ABUT A RESIDENTIAL PROPERTY OR AN AREA ZONED RESIDENTIAL.
EIGHT CHILD DISCHARGE AND PICKUP AREAS WILL NOT BE LOCATED IN THE PUBLIC RIGHT OF WAY.
9 27 PARKING SPACES HAVE BEEN PROVIDED INCLUSIVE OF AT LEAST ONE OFF STREET PARKING SPACE FOR EACH FULL-TIME STAFF PERSON AS WELL AS A MINIMUM OF THREE SPACES FOR PARENTS AND VISION VISITORS.
NOW THEREFORE, BE IT RESOLVED THAT THE TOWN OF HAMBURG PLANNING BOARD HEREBY ISSUES A SPECIAL USE PERMIT.
THAT THIS IS SITE PLAN BUS USE PERMIT IN ACCORDANCE WITH THE REQUIREMENTS OF THE TOWN OF HAMBURG.
AND THEREFORE IS THIS, THIS IS GONNA BE CONDITIONS SPECIAL USE PERMIT.
WELL, THOSE AREN'T CONDITIONS.
SO THERE'S ONLY ONE CONDITION.
THE, THE FACILITY IS USED AS A 44 10
[03:10:01]
FACILITY FOR CHILDREN WILL STOP.THIS PERIOD, THIS SPECIAL USE PERMIT, UM, WILL EXPIRE IF IT'S NOT USED.
THIS SPECIAL USE PERMIT WILL EXPIRE IF THIS FACILITY IS NOT USED AS A 44 10 FACILITY.
SO NOW, HERE, NOW THEREFORE BE A RESOLVED.
IT'S A TOWN OF HAMMERED PLANNING BOARD NEARBY DETERMINES THAT THE PROPOSED SPECIAL USE PERMIT IS IN ACCORDANCE WITH THE REQUIREMENTS OF THE TOWN OF HAMBURG, AND THEREFORE A SPECIAL USE PERMIT IS HEREBY ISSUED.
WELL, MR. CHAPMAN, UH, RECUSE HIMSELF.
HE'S OBTAINED AND AL MONICA WAS NOT HERE.
SO THAT MOTION, CARRIE, I GOT THE SPECIAL USE PERMIT.
NOW FOR SITE PLAN, THE PLANNING BOARD BASED ON ITS REVIEW OF THE PROJECT IN ACCORDANCE WITH ARTICLE XLIV, SITE PLAN APPROVAL AND THE C ONE ZONING DISTRICT REQUIREMENTS OF THE TOWN OF HAMBURG ZONING CODE, HAVING RECEIVED AND CONSIDERED INPUT FROM TOWN DEPARTMENTS, COMMITTEES, AND ADVISORY BOARDS, HAVING COMPLETED THE REQUIRED PUBLIC HEARING AND HAVING THE APPLICANT ADDRESS THE PLANNING BOARD'S COMMENTS HEREBY GRANTS CONDITIONAL SITE PLAN APPROVAL FOR BLOOM CREATIVE ARTS PROJECT TO BE LOCATED AT 36 74 COMMERCE PLACE BASED ON THE EXIGENT, UNIQUE AND UNUSUAL CIRCUMSTANCES OF THE APPLICANT DUE TO THE ZONING BOARD OF APPEALS DELAYS AND THE NEW YORK STATE EDUCATIONAL DEADLINES WITH THE FOLLOWING CONDITIONS.
ONE, THE INSTALLATION OF SIDEWALKS SHALL BE WAIVED AS THEY ALREADY EXIST ALONG CAMP ROAD.
TWO, BEFORE THE PRESCHOOL OPENS, A FINAL SITE PLAN PREPARED AND SIGNED BY A LICENSE ARCHITECT OR ENGINEER SHALL BE SUBMITTED TO THE BUILDING AND PLANNING DEPARTMENTS THAT IDENTIFIES EXCLUSIVE PARKING AREAS AND ADDRESSING THE ZONING BOARD OF APPEALS CONDITIONS.
IS ANYONE, ANYONE SECOND? THIS? THERE'S A SECOND.
MOTION BY MOTION BY MR. MCCORMICK.
THAT WAS A THAT WAS A LONG NIGHT.
WERE ABLE TO TEMPORARILY TABLE IT THOUGH TO GET IT DONE SO THAT YES.
UH, WHAT WAS THE DATE OF THE MINUTES? YEAH.
UH, THEY'RE THE JUNE, JULY 20.
THE JULY 21ST MINUTES ARE THE ONES WE NEED TO APPROVE.
DID WE APPROVE THE MINUTES FROM THE PRIOR MEETING THOUGH AS WELL? LET'S THE FIRST ONE.
MOTION TO APPROVE THE JULY 21ST.
DO WE NEED TO APPROVE THE OTHER MINUTES? WE NEED TO DO THE JUNE, THE EARLY JULY ONES.
THE JULY 7TH MEETINGS AS WELL.
WE DID NOT HAVE THOSE ONES AT THE LAST MEETING.
DOUG, ARE YOU READY? I JUST, I JUST ONE, ONE THING ON THE RECORD TO CLEAR UP THE, MAKE SURE THERE'S NO QUESTION ABOUT IT.
I DON'T THINK THERE'S A QUESTION.
I DO NOT HAVE A CONFLICT OF INTEREST WITH THE BLOOM PROJECT.
IF I WAS SITTING IN ONE OF YOUR SEATS AND HAVING APPROVAL POWER, I WOULD HAVE CONFLICT OF INTEREST.
WHAT I HAVE TO DISCLOSE, WHICH I HAD TO DO, DISCLOSE THE FACT THAT MY COMPANY WAS INVOLVED IN THE ARCHITECTURE OF THE BUILDING.
SO JUST WANTED ADD ON THE RECORD SO THERE'S NO CONFUSION ON THE RECORD.
I DO NOT HAVE CONFLICT OF INTEREST.
IF I SAT IN YOUR SEAT, I WOULD HAVE CONFLICT OF INTEREST BECAUSE I HAVE APPROVAL POWER.
IF I SHOULD DISCLOSE AS GOOD, IF I HAVE, IF IT'S INVOLVEMENT OF MY VOTE, WE STILL WANTED.
NO, JUST FOR THE RECORD, IN CASE SAYS, I TRIED TO INFLUENCE THE BOARD I MOTION TO SECOND.