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[00:09:02]

OKAY,

[00:09:02]

SO THE WORK SESSION FOR THE JANUARY 5TH PLANNING BOARD, THE ONLY ITEM WE HAVE IS WEST HER AUTOMOTIVE GROUP REQUESTING AN AMENDMENT TO SECTION 2 8 0 DASH 3 2 1 A OF THE HAMBURG TOWN CODE.

HOLD ON.

LEMME SURE THIS ON HAMBURG TOWN CODE AND REZONING OF PROPERTY LOCATED IN THE NORTHWEST AND NORTHEAST CORNERS OF SOUTHWESTERN BOULEVARD AND BROMPTON DRIVE FROM C ONE TO C TWO IN ORDER TO ALLOW THE CONSTRUCTION OF A NEW AUTOMOTIVE DEALERSHIP.

SO THE TOWN ONLY WANTS AUTO DEALERSHIPS ON CAMP ROAD IN A CERTAIN AREA.

THIS IS ACROSS THE STREET FROM THE CAR DEALERSHIPS IN ORCHARD PARK.

EXACTLY.

CHAIRMAN CLARK.

UM, GOOD EVENING.

SEAN HOPKINS OF HOPKINS

[00:10:01]

OR MCCARTHY ON BEHALF OF THE APPLICANT WEST.

HER ALSO WITH ME IS ANDY GAO FROM THUS PALMER CLARK AND SCOTTER ON BEHALF OF WEST HER AS CHAIRMAN CLARK INDICATED IN HIS INTRODUCTORY COMMENTS WE'RE HERE THIS EVENING IN CONNECTION WITH A PROPOSED NEW DEALERSHIP PRO PROJECT ON SOUTHWESTERN BOULEVARD.

THE SITE ITSELF IS AN ASSEMBLAGE THAT IS NOW OWNED BY WEST TURF, APPROXIMATELY 13.68 ACRES IN SIZE.

IT'S CURRENTLY GOT TWO ZONING CLASSIFICATIONS.

MOST OF IT IS ZONED C ONE.

AND THEN THIS LITTLE PORTION ON THE OPPOSITE SIDE OF BROCKTON IS ZONED R ONE.

WE'RE ASKING THAT TO BE REZONED TO C TWO.

AND THEN WE ALSO DO NEED AN AMENDMENT OF SECTION 2 83 21 OF THE ZONING CODE, WHICH LIMITS THE GEOGRAPHIC AREA OF BOTH NEW AND USED AUTOMOTIVE FACILITIES TO A SEGMENT OF CAMP ROAD.

I ACTUALLY DO HAVE A HANDOUT WHICH WILL SHOW YOU WHERE THAT AREA CURRENTLY IS PROPOSED, UM, REWORDING OF THE, THE LAW THAT YOU'RE REQUESTING.

WELL, WE PRESENTED THIS TO THE CODE REVIEW COMMITTEE OKAY.

DURING THE FALL.

AND BASICALLY THEY SAID THEY WANTED TO TAKE A LOOK AT HOW IT WOULD BE REWORDED.

OKAY.

WHAT WE SUGGESTED IS THE CURRENT RESTRICTION APPLIES TO BOTH NEW AND USED AUTOMOTIVE FACILITIES.

OBVIOUSLY THIS IS A NEW AUTOMOTIVE SALES FACILITY, SO WE'D BE OKAY WITH IT OBVIOUSLY BEING RE MODIFIED.

SO IT ONLY ALLOWS NEW ON THIS SEGMENT OF SOUTHWESTERN, BUT ULTIMATELY THAT'S A DECISION THAT'LL BE MADE BY THE TOWN.

WHY WOULD WE, WHY WOULD WE RESTRICT IT TO JUST, WELL, I THINK, I THINK THERE'S A BIG DIFFERENCE BETWEEN A BRAND NEW MULTIMILLION DOLLAR NEW AUTOMOTIVE.

WE'RE GONNA REJO IT.

I DON'T WANNA REJO IT FOR ONE PERSON.

NO, TWO SEPARATE FOR ONE GROUP, TWO SEPARATE ISSUES OF LAW THEN.

PARDON? SO RIGHT NOW THE LAW SAYS CAR DEALERSHIP'S ONLY ONE PLACE AND I CAN'T PROVE RIGHT.

SO WHAT HE'S ASKING IF WE AMEND THE LAW TO LET NEW CAR DEALERSHIPS IN THIS AREA WHERE CURRENTLY THE LAW AND THEN WE ALSO NEED TO REZONE IT AND TO REZONE IT.

YEAH.

RIGHT.

BUT THERE'S TWO SEPARATE THINGS.

SO IF YOU LOOK AT THE HANDOUT THAT I JUST GAVE YOU, DO YOU SEE THAT AREA? IT'S, WHICH IS CAMP ROAD WITH THE RED LINE ON IT THAT REPRESENTS THE CURRENT GEOGRAPHIC RESTRICTION PURSUANT TO THE ZONING CODE.

RIGHT.

AND THEN YOU CAN SEE WHERE OUR SITE IS UP HERE IN YELLOW.

MS. CHAIRMAN CLARK INDICATED THE TOYOTA DEALERSHIP OWNED BY WEST TUR ON THE OPPOSITE SIDE OF THE ROAD THAT'S LOCATED IN THE TOWN OF ORCHARD PARK.

CORRECT.

UH, SARAH JUST ACTUALLY TEXTED ME THAT THAT'S ACTUALLY CONSIDERED THE TOWN OF HAMBURG, BUT IT IS, UH, NON-CONFORMING.

OH, OKAY.

I DIDN'T KNOW THAT.

SO SHE JUST WANTED ME TO LET SHE HEARD YOU SAY WHERE.

OKAY.

SO, SO THE REALITY IS RIGHT, THAT PREDATES, RIGHT.

THAT PREDATES APPARENTLY THAT CURRENT RESTRICTION IN THE CODE.

SO THEN DO WE KNOW HOW LONG THAT DEALERSHIP'S BEEN THERE? BALLPARK.

OKAY.

WE GOT IT.

JENNIFER.

SHE'S SAYING RIGHT NOW THAT THE TOYOTA DEALERSHIP'S OUT OF CODE? NO, BECAUSE IT PREDATES THE CODE.

I, YEAH, I THINK IT'S BEEN THERE A WHILE, BUT I CAN, I'LL HAVE OH YEAH.

HOW LONG YOU BEEN THERE? AT LEAST SINCE EIGHTIES.

IT USED TO BE.

IT USED TO BE JOHN ROONEY.

SO IT GOES BACK TO THE EIGHTIES.

IT DEFINITELY BUILT BEFORE THE LAW WAS PASSED.

ABOUT WHEN WAS THE LAW PASSED? DO WE KNOW THAT? UM, I DON'T KNOW IF IT SAYS IT RIGHT IN THE TEXT OF THE CODE.

I'M LOOKING RIGHT NOW AS WELL.

I'M NOT SURE.

AND CAITLYN, WE DID, WE PRESENTED THIS TO THE CODE REVIEW COMMITTEE DURING THIS MEETING ON OCTOBER TECH.

THAT WAS, I WANNA SAY IT WAS LIKE 15 TO 18 YEARS AGO.

OKAY.

THAT, THAT WAS PUT INTO PLACE.

I DON'T KNOW THE YEAR, BUT WHICH WOULD EXPLAIN OBVIOUSLY THE EXISTING DEALERSHIP BEING A LAWFUL NONCONFORMING USE.

YEAH.

THAT'S WE'RE ASSUMING, RIGHT? WE DON'T, WE DON'T.

WELL, I MEAN NO, IT'S, IT'S GOTTA BE.

IT'S, IT'S BEEN BEEN THERE BEFORE THE LAW CHANGED.

IT'S BEEN THERE A LONG TIME.

WELL IF WE CAN GET THE DATA LIKE THAT.

YEAH.

SARAH JUST CONFIRMED THAT THE DEALERSHIP WAS THERE BEFORE THE CODE WAS CHANGED.

YEAH.

SO THE OTHER THING I WANT TO TALK ABOUT IN TERMS OF THE SPECIFICS AND KEEP IN MIND RIGHT NOW WE'RE AT THIS VERY PRELIMINARY STAGE.

IT'S OBVIOUSLY A WORK SESSION AND WE'RE JUST MAKING AN INTRODUCTORY PRESENTATION.

WE DO RECOGNIZE THAT BEHIND US, SHELDON ROAD AND YOU HAVE OWNER OCCUPIED TWO FAMILY HOMES AND THEY'RE CONNECTED HERE.

THERE'S A COUPLE RESIDENTS THAT ARE ACTUALLY IN THE AUDIENCE THIS EVENING.

WHAT WE'RE PROPOSING NOW ON THIS PLAN FOR THEIR BENEFIT, AGAIN WE CAN WORK IT OUT IN MORE DETAIL WITH THOSE NEIGHBORS, IS THERE'S PRETTY GOOD VEGETATION ON THE BACK OF THE SITE.

SO WE'RE SHOWING A 50 FOOT PERMANENT OPEN SPACE BUFFER.

THAT AREA WOULD REMAIN PERMANENTLY UNDEVELOPED AND SUBJECT TO A DEED RESTRICTION.

AND THAT WOULD BE PART OF WHAT OUR APPLICATION WOULD BE AND WE'D BE OKAY WITH THAT BEING A CONDITION.

WITH THAT BEING SAID, IF WE MEET WITH THE NEIGHBORS AND THEIR PREFERENCES SUPPLEMENTING THE LANDSCAPING THERE, LOOKING AT SOME

[00:15:01]

FENCING, ET CETERA, ET CETERA, WE CAN CERTAINLY DISCUSS THOSE OPTIONS, UH, DURING THE REVIEW PROCESS.

I ALSO WANNA KNOW, WE ARE NOT PROPOSING ANY ACCESS IN ANY WAY WHATSOEVER TO SHELDON.

AND I THINK THAT'S AN IMPORTANT POINT.

THERE IS HISTORICAL PLANS AT THE TOWN THAT SHE, A ROAD ACTUALLY BISECTING THE SITE AND CONNECTING RIGHT HERE ONTO SHELDON.

SO WHAT'S THE ZONING OF THE ADJACENT RESIDENTIAL PARCELS ON SHELDON? ARE THEY R ONE OR ARE R TWO AND C ONE? YEAH.

R TWO AND C1.

YEAH.

SO SOME OF THOSE EXISTING RESIDENCES ARE NOT ZONED THE SAME AS THE HOUSE IS PREDATE WHENEVER IT WOULD'VE BEEN.

SO SOME OF THE HOUSES ARE ZONED C TWO, UH, THE HOUSES ALONG, UH, UP NEAR B IN THE CORNER HERE.

THIS IS IN THE R TWO ZONE UP HERE.

OKAY.

BUT THESE HOUSES I BELIEVE ARE CHILD IN I PROPERTY ZONED ARE HERE.

YES.

YES.

I ALSO WANT TO NOTE, I THINK I DID MAKE ONE MISTAKE THE BACK OF THE SITE ON THE OPPOSITE SIDE OF SHELDON.

THOSE ARE TWO NOT R ONE AND IT'S DENOTED ON THE PLAINTIFF.

AND OBVIOUSLY IN CONNECTION WITH YOUR REVIEW OF THIS, IT WILL BE SUBJECT TO A COORDINATED ENVIRONMENTAL REVIEW.

PURSUANT THE STATE ENVIRONMENTAL WATER REVIEW ACT WILL NOT ONLY NEED TO SUBMIT THE REZONING APPLICATION, WE NEED TO SUBMIT PART ONE OF THE ENVIRONMENTAL ASSESSMENT FORM AND ALL THAT DETAILED SUPPORTING DOCUMENTATION THAT WILL ULTIMATELY ALLOW THIS PLANNING, THIS BOARD TO MAKE A RECOMMENDATION PURSUANT TO SECRET OF THE TOWN BOARD.

WE DID PRESENT THIS TO THE TOWN BOARD, UM, DURING ITS MEETING ON DECEMBER 13TH, AND THEY DID MAKE A REFERRAL TO THIS BOARD AND THEY DID ADOPT A RESOLUTION FOR PURPOSES OF SEEKING LEAD AGENCY STATUS FOR A COORDINATED ENVIRONMENTAL REVIEW .

SO PROCEDURALLY ARE THERE TWO SEEKER PROCESSES THAT NEED TO HAPPEN? ONE FOR THE LAW CHANGE AND ONE FOR THE REZONING? NO, MY SUGGESTION, YOU DON'T WANNA, LAW CHANGE IS NOT SPECIFIC TO THE REZONING.

SO IS THE TOWN LOOKING AT IF THEY'RE MAKING A LAW CHANGE THAT IS BROADER THAN IS THE SCOPE OF JUSTICE PROJECT, THEY SHOULD BE THEN DOING SECRET FOR WHATEVER THE, THE CAMP ROAD RESTRICTION IS.

IF THEY'RE CHANGING THAT, THAT WOULD BE DIFFERENT THAN WHATEVER THE DECISION, THE SCOPE OF THE DECISION WOULD BE FOR THIS PROJECT.

I WOULD AGREE WITH YOU ON THAT, THAT THOSE WOULD BE SEPARATE ENVIRONMENTAL REVIEWS BECAUSE THE ZONING CODE AMENDMENT IS NOT LIMITED THE SET.

I THINK THAT'S A TOPIC THAT NEED TO BE DISCUSSED.

BUT I DO AGREE WITH WHAT YOU'RE SAYING.

DO YOU WANNA MENTION THAT TO WELL, WELL WHOEVER THE NEW TOWN ATTORNEY IS.

YES.

BECAUSE I THINK IT WOULD, I'M THINKING ABOUT IT AS TRYING TO, I THINK IT WOULD BE TOO BECAUSE ANY CHANGE HERE, IF THEY MAKE A BROADER CHANGE TO ALLOW MORE YOU USED IN NEW CAR SALES ELSEWHERE IN THE TOWN, ANYTHING THAT'S JUST BEING REVIEWED RELATED TO THAT WOULD NOT SHOULD BE SEPARATE.

IT SHOULD BE SEPARATE AND IT SHOULD BE CONSIDERED HOLISTICALLY.

MM-HMM .

I AGREE.

AND CAN WE GET A COPY OF THEIR REFERRAL TO US? BECAUSE IT'S UNUSUAL FOR THEM TO HAVE US LOOK AT A LAW CHANGE IN THIS MANNER.

SO I JUST WANNA MAKE SURE WE DO EXACTLY WHAT THEY WANT.

MM-HMM .

AND THAT WAS DECEMBER 13TH.

RIGHT.

AND THE RESOLUTION IS ON UH, I DON'T THINK THE AGENDA, I DID NOT SEE THE AGENDA FOR THE DECEMBER MEETING WHEN I WAS LOOKING EARLIER TODAY FROM THE TOWN BOARD.

OKAY.

WAS THERE BEFORE THE MEETING.

I KNOW, RIGHT? I DON'T KNOW WHAT HAPPENED.

BUT NONE OF THE DECEMBER STUFF IS, IT ONLY GOES THROUGH NOVEMBER.

SO I DON'T KNOW IF THERE'S A ONE SITE SITUATION IT, BUT I, I HAD ONLY SAW THROUGH NOVEMBER.

IT, IT WAS A, IT WAS A RELATIVELY STRAIGHTFORWARD RESOLUTION AND THAT, YOU KNOW, IT MADE THE REFERRAL BOTH THOSE MATTERS AND DECLARED ITS INTENT TO SEEK LEAD AGENCY.

OKAY.

WHEN WAS IT SEAN? UH, DECEMBER 13TH.

AND FY DREW JUST CONCURRED WITH THAT TO SEE THE SEPARATE SEEKER FIRST FOR THE REZONING AND THEN CHANGING THE LAW.

SO HE'S WATCHING AND THE TOWN BOARD.

YEAH, THEY'RE ALL WATCHING.

UM, AND THE TOWN BOARD'S GONNA HAVE TO DO BOTH OF THOSE, RIGHT? I MEAN WE MIGHT AS WELL DO A PUBLIC HEARING TO START THE PROCESS THOUGH, RIGHT? SO I THINK PUBLIC IN INPUT, IT'S NOT TYPICALLY RIGHT, IT'S NOT TYPICALLY HEARING OF PUBLIC INFORMATION GATHER.

AND KEEP IN MIND WE ALSO STILL NEED TO FILE THE ACTUAL REZONING APPLICATION PART ONE OF THE FULL ENVIRONMENTAL ASSESSMENT FORM, ET CETERA, ET CETERA.

DO WE WANNA WAIT TO HAVE OUR INFORMATIONAL, I MEAN I'M GONNA HAVE TWO MEETINGS BECAUSE WE MAY WANNA SEE THE PART ONE AND HAVE ALL THE INFORMATION BEFORE WE SCHEDULE THE MEETING.

OH, SARAH ACTUALLY JUST SAID THAT THE TOM BOARD WILL DO THE PUBLIC HEARING.

RIGHT.

BUT I THINK WE, BUT WE'VE GOTTA MAKE A RECOMMENDATION.

SO WE'RE GONNA WANT PUBLIC INPUT.

WE'RE MAKE A, BEFORE WE MAKE A RECOMMENDATION, SO WE'LL DO LIKE A INFORMATION SESSION.

OH, I SEE WHAT YOU MEAN.

OKAY.

UM, HOW WE'RE GONNA NOTICE THAT, I DON'T KNOW.

UM, ESPECIALLY BEING THAT IT'S A CHANGE THE ENTIRE TOWN LAW, YOU KNOW, WE'RE NOT GONNA SEND A LETTER TO EVERYBODY TO TOWN SAYING, HEY, WE'RE CONSIDERING THIS CHANGE.

SO WE'RE GONNA HAVE TO FIGURE THAT OUT.

SO DO WE WANNA, SO WOULD WE WANT A PUBLIC INPUT ON A CHANGE TO THE BROADER LAW MEETING? OR DO WE WANNA WAIT AND HAVE OUR INPUT MEETING ON THE ZONING

[00:20:01]

CHANGE? I, I, I WANNA HAVE INPUT ON WHATEVER WE HAVE TO TELL THE TOWN BOARD.

OKAY.

SO IF WE NEED TO GIVE OUR INPUT ON THE, THE CHANGE IN THE LAW, I'D LIKE TO HAVE PEOPLE COME IN AND TELL US WHAT THEY THINK ABOUT THAT BEFORE WE GIVE OUR INPUT.

BECAUSE HERE'S, I MEAN, IF THIS IS GONNA BE LIKE A TWO STEP PROCESS, THEN, SO WE MAY HAVE TWO INPUT MEETINGS, BUT IF WE, IF WE GIVE OUR INPUT AND THEN PEOPLE SHOW UP AT THE TOWN BOARD AND TALK ABOUT THINGS THAT AREN'T ADDRESSED IN OUR MEMO, THEN WE DIDN'T DO WHAT THE TOWN BOARD'S ASKING US TO DO.

SO WE GOTTA GIVE THE PEOPLE THE OPPORTUNITY TO COME HERE AND AT LEAST GET A GOOD IDEA OF WHAT THE PUBLIC HAS OF ISSUES, IF ANY, BEFORE WE CAN MAKE A RECOMMENDATION TO THE BOARD.

BECAUSE THIS, WE GOTTA CONSIDER IT THOROUGHLY.

DO WE HAVE A PROPOSED CODE REVISION THAT WE CAN ASK PEOPLE TO COMMENT ON? OR ARE WE JUST ASKING PEOPLE TO COMMENT? I MEAN THAT'S, I GUESS THAT'S WHERE I WOULD BE CON CONFUSED IS RIGHT.

SO HOW DO WE FRAME THOSE? SO JUST AS A SIGN ZONING LAW DOES NOT REQUIRE NOTIFICATION.

RIGHT.

BUT YOU KNOW, OBVIOUSLY THE REZONING DOES, BUT THE ZONING LAW CHANGED.

IT'S NOT RIGHT? MM-HMM .

AND THAT'S TRUE OF EVERYBODY.

SO WE WE'RE GONNA FIGURE OUT SOME LOGISTICS ON IT.

UM, WELL, COULD WE DO THIS THEN? DO WE PUT IT ON FOR TWO WEEKS FROM NOW NOT TO SCHEDULE THE INFORMATIONAL MEETING.

RIGHT.

WE HAVE A FOLLOW UP DISCUSSION ON WHAT THE NEXT STEPS AND WHAT THE LOGISTICS ARE, SEE WHAT THE TOWN'S INTEREST IS IN TERMS OF WHAT THE LANGUAGE OF THE CODE WOULD BE, ET CETERA, ET CETERA.

I DON'T THINK WE'RE QUITE THERE OR WHAT HAVE THE INFORMATION WE YEAH, I MEAN I DON'T THINK, AND I DON'T KNOW THAT WE'RE EVER GONNA HAVE THE LANGUAGE BEFORE WE HAVE.

SURE.

BUT WE'LL FIGURE OUT HOW TO DO THE BEST WE CAN TO GET THE INFORMATION.

YEAH, THAT'S A GOOD IDEA.

SO WE'LL AJOUR IT.

WE'LL ALSO HAVE THE TOWN BOARD'S MINUTES BY THEN TO SEE EXACTLY WHAT THEY REFERRED TO US.

'CAUSE SARAH ALSO JUST SAID THAT THEY'RE, THEY HAVEN'T BEEN APPROVED.

THAT'S WHY THEY'RE NOT APPROVED.

OH.

AND THEN WE'LL START DOING IN THE MEANTIME, I'M NOT SURE IF WE'LL HAVE IT QUITE DONE BY THEN, BUT WE'LL START WORKING ON THE APPLICATION, THE EAF.

SO WE'LL AJOUR IT FOR TWO WEEKS, WEEKS TO FIGURE OUT HOW THE, HOW BEST TO GET PUBLIC INPUT.

SO I WILL MAKE A MOTION TO TABLE WEST HER AUTOMOTIVE GROUP INC.

TO 19TH.

YEAH.

JANUARY 19TH.

SECOND.

OKAY.

MOTION BY MR. CLARK.

SECOND BY MR. CHAPMAN.

ALL IN FAVOR? AYE.

MOTION CARRIED.

AND I JUST WANT NOTE FOR OUR TWO RESIDENTS HERE, AND I'M GONNA SEND THEM COPIES OF THE PLAN.

SO THEY'LL HAVE TO JUST TAKE A LOOK AT THEM.

THEY'VE JUST SEEN THEM FOR THE FIRST TIME.

SO CAN, FOR THE NEXT MEETING, CAN YOU GUYS BRING A LAPTOP THAT WE CAN EITHER, THAT WE CAN PLUG IN? THERE'S AN HDMI CORD SO WE CAN ALSO PUT IT UP ON THE SCREEN BECAUSE THE PROBLEM WITH THE EASEL IS THAT WE SEE IT AND THEY DON'T SEE IT.

WE, WE MIGHT RATHER DO THAT.

THAT'S FINE.

I MEAN YOU CAN BRING BOTH BECAUSE PEOPLE CAN WALK STUFF.

WE ACTUALLY TO BRING A COMPUTER TOO, OR CAN WE JUST BRING A SCAN? OH, THERE'S NO COMPUTER THERE.

THERE'S NO COMPUTER THERE.

SO YOU CAN JUST BRING A LAPTOP.

THERE'S AN A CI CORD.

YOU CAN JUST, YEAH, THERE'S JUST A CORD AND NOT PLUGGED IN ANYTHING.

SO, OKAY.

DO WE KNOW, IS IT SET UP FOR POWERPOINT? PDF? WHAT'S? IT'S JUST GONNA BE ACT AS A SECOND MONITOR, SO WE'LL JUST BRING IT UP.

OKAY, PERFECT.

OKAY.

ALRIGHT.

YEAH, SO IF YOU HAVE WHATEVER YOUR FILE IS ON THE SCREEN, YOU CAN SET THIS UP AS THE OKAY, WILL DO.

THANK YOU.

THANK YOU.

A QUICK LOOK AT THAT ONE.

SURE.

OH, I ALSO WANNA NOTE, OBVIOUSLY, AND, AND HIS TEAM JUST GOT DONE FINISHING THE CONCEPT PLAN LATE LAST WEEK.

SO IT WAS TECHNICALLY PAST YOUR DEADLINE.

WE'LL DROP OFF FULL SIZED COPIES.

OKAY.

AND THAT'S, AND UM, WE'LL HAVE NEW TRAINING BOARD MEMBERS ON MONDAY.

SO IF YOU CAN SEND WE'LL FOR SEVEN MEMBER BOARD.

YEAH.

SAY PLAYING BOARD MEMBER ONE OR TWO.

YEAH, WE HAVE MEMBERS ANYWHERE.

WE CAN EVEN BREAK DOWN THE TOP LAPTOP.

IF WE JUST, SARAH, SARAH WAS SAYING SHE CAN BRING DOWN THE TOWN LAPTOP AND THAT WOULD BRING A SECOND ONE JUST IN CASE MUCH.

THERE'S TOO MUCH THREE WHAT? THREE CURB FOR THIS? YEAH, TWO ON ONE

[00:25:01]

ON THE ONE PARCEL AND THEN TWO OH ON ONE, ONE.

ALL ON THE SAME.

ALL ON SOUTH, BUT NO, BUT ARE THEY ALL, THERE'S TWO PARCELS.

THERE'S LIKE A ROAD BY SECTING THEM.

SO ARE TWO ON? NO, THERE'S ALL WITHIN THE DEALER.

I CAN'T SEE IT ON.

IT LOOKS LIKE THEY'RE ON TWO.

THERE'S A, I COULDN'T SEE IT.

CAN'T SEE IT ON THE, THE PLAN.

WELL, WE'LL SEE WHAT THEY GET.

THEY'LL, WELL, ANOTHER DATE DOWN.

BILL, CAN WE GET COPIES OF THE MINUTES FROM THE CODE REVIEW COMMITTEE MEETING? I THE NOT RECORDED.

YOU ASK DREW IF HE HAS ANY NOTES OR THAT MEETING.

HE'S USUALLY OUTTA THE CODE REVIEW COMMITTEE MEETING HE'S WATCHING.

SO HE'LL ANSWER.

YOU ALL SAW THE DOLLAR GENERAL? I WOULD WANT DOING BEFORE I CAN TELL ONE WAY OR IF THEY ASKED ME.

YEAH, WELL I DREW WAS, DREW WAS NOT AT THE LAST CODE REVIEW MEETING.

ALRIGHT.

OH, THAT'S RIGHT.

HE WASN'T AT THAT ONE.

HE WASN'T THERE.

NO .

WELL THAT'S WHAT HE'S ASKED.

I I BET YOU.

SO I DON'T KNOW WHY I HAVE TO ASK YOU WHEN, I'M PROBABLY ASKING DREW DIRECTLY, BUT DREW, CAN YOU GIVE US A HISTORY FOR THE NEXT MEETING AND THE NEXT MILE ON THE, THE RATIONALE FOR THAT CHANGE TO THE CAMP ROAD ON THAT LAW? BECAUSE YOU WERE AROUND WHEN THAT HAPPENED.

I, I CAN PROVIDE A LITTLE BIT OF INSIGHT.

DREW AND I SPOKE ABOUT THAT EARLIER TODAY AND I THINK HE DOES TOUCH ON IT.

IT WAS BASICALLY A FULL, A PHILOSOPHICAL ID CONCEPT AND JUST THE PHILOSOPHY OF THE BOARD AT THAT TIME.

AND UM, IF YOU, YOU KNOW, IF YOU THINK ABOUT WHERE IN ORCHARD PARK ALL, ALL ALONG SOUTHWESTERN IS WHERE THEY HAVE ALL OF THE CAR DEALERSHIPS AND I THINK IN THEIR CODE THEY RESTRICTED CAR DEALERSHIPS.

AND THE TOWN AT THAT TIME SAID, YOU KNOW WHAT, WE CAN DO THIS TOO.

AND THERE'S ALREADY SOME ON CAMP ROAD, SO LET'S RESTRICT IT TO CAMP ROAD.

SO IT'S JUST A PHILOSOPHICAL APPROACH IN TERMS OF JUST WANTING TO ZONE THEM IN A CERTAIN AREA AND NOT HAVE THEM SPREAD, KEEP THEM CONCENTRATED EXACTLY.

TO CONCENTRATE 'EM.

SO YOU CAN PROBABLY GIVE YOU A LITTLE BIT MORE DETAIL ON THAT ONE.

BUT THAT IS THE GENERAL SENSE OF WHAT I'VE GOTTEN.

SO I THINK WHAT THE PLANNING BOARD REALLY NEEDS TO DO IS CONSIDER LIKE IF THEIR PHILOSOPHY HAS CHANGED RIGHT.

OR IF IT'S REMAINS THE SAME.

AND I THINK THAT'S PART OF THE CONVERSATION THAT DOES NEED TO HAPPEN.

SO AS WE GET THE APPLICATION AND YOU KNOW, GET TOMORROW WE CAN THROUGH IT.

SO THEN WEST HER ON SOUTHWESTERN? YEAH.

THAT CAME IN PRIOR TO THAT.

UH OH, WAS THAT THE ONE? YEAH.

YEAH, SHE HAD SOUTHWEST.

YEAH.

I DUNNO, UM, DREW OR SARAH? OH, I GOT A MESSAGE FROM DREW.

NO, NO.

SARAH SAID SHE WAS AT THE LAST QUARTER.

YEAH, SHE, THIS IS ACTUALLY ON SOUTHWEST, RIGHT? AND THEN THE FORD DEALERSHIP IS, I THINK IT'S NOT LIKE NECESSARILY JUST FRONT AND CAMP, BUT IT'S LIKE IN THAT REGION.

RIGHT.

BECAUSE I, I CAN'T SEE THIS GOING ALL THE WAY DOWN HERE.

RIGHT.

YOU KNOW, SHE WORKS FOR PAR ONE IS SOUTHWESTERN.

YEAH.

THAT'S FOR THEIR, I THINK THAT'S, I DON'T WANNA ACCEPT.

THAT'S WHY THE BOARD DID REASON.

SO I THINK IT'S THE BOARD NEEDS TO KIND OF DISCUSS IT.

YEAH.

I THINK IT WHOLE PHILOSOPHY.

YEAH.

RECOMMEND

[00:30:01]

NOT KNOWING, NOT KNOWING INTENTION.

THE TIME.

RIGHT.

AND, OH, HAVE YOU GUYS, HAVE YOU BEEN ON THE WEBSITE? YOU KNOW, WHEN YOU GO TO PLANNING AT THE VERY END IT SETS A DIFFERENT PROJECTS.

THEY HAVE LISTED, UH, THE, UH, CLUSTER INSTEAD OF DEVELOPMENT AT THE WE CLUSTER.

UM, OH, THAT'S, IS THAT STILL THE ONE FROM OVER? YEAH, THE ONE THAT WE YEAH, THAT THAT'S HER PREDATES ME.

THAT'S GONNA BE CONFUSING BECAUSE LIKE WE WERE TALKING HERE ONE TIME, WE'RE TALKING AND THEY'RE TALKING CLUSTER AND AND THAT'S WHY BOB, WE PAUSE THE DECK.

WE DON'T, WE HAVEN'T GOTTEN A DRAFT, RIGHT? NO, THAT'S THE MAIN ONE.

WHAT'S AND THE WHAT'S NOT THE CLUSTER, THE WHAT'S APARTMENTS? THE ONE ON PARK PARKER, RIGHT? YES.

IT'S PARK.

YOU COULD COME UP WITH A BETTER NAMING CONVENTION FOR TRACKING PROJECTS, WHETHER THEY'RE USING DEVELOPER NAMES AND I THOUGHT WE WERE GONNA SWITCH ADDRESSES.

I WELL SOME OF THEM DON'T HAVE ADDRESS AS NOTED BY THAT.

UH, SO JUST HEARD FROM DREW, MOST OF THE CAR DEALERSHIPS EXISTED BEFORE THE CODE CHANGE.

OKAY.

SO, OKAY, SO THEY'RE, THEY'RE LEGAL.

YEAH.

I MEAN I DON'T THINK THERE'S ANYBODY THAT'S ILLEGAL.

NO.

RIGHT.

BUT LIKE, LIKE WITH PETER K, YOU KNOW PETER KING CLOSES, THEY'RE OUTSIDE OF THAT AREA.

RIGHT.

IF YOU'RE NOT GONNA PUT ANOTHER CAR DEALERSHIP IN.

RIGHT.

BECAUSE WE, WE DID THAT LAW.

SO, SO WHEN, WHEN THE CAR DEALER JUST CLOSES, PUT SO ELSE THERE, JUST LIKE THE ONE ON SOUTH PARK AND SOUTH SOUTHWESTERN.

YEAH.

THAT WOULD BE THE CASE.

THAT WAS THAT'S EXACTLY I RIGHT.

WE'LL TALK ABOUT IN FIVE MINUTES.

I DO HAVE, UM, SOME PLANS IF YOU ALL WANT TO PRACTICE, IF YOU WANNA LOOK.

YEAH, WHILE THANK YOU JENNIFER.

EVERYTHING HAS TO, BECAUSE THERE'S ONLY FOUR OF US, EVERYTHING HAS TO BE UNANIMOUS TODAY.

RIGHT.

EXCEPT FOR KEROUAC.

'CAUSE THAT'S JUST A RECOMMENDATION.

JUST A RECOMMENDATION OF THE TOWN BOARD.

YEAH.

BECAUSE YOU NEED A MAJORITY OF YOUR FORUM AND SO YEAH.

YOU WOULD'VE TO BE NO, YOU NEED A MAJORITY OF YOUR BOARD.

BOARD.

SO YEAH.

ALL YOU WOULD UNANIM BUT, BUT WOULDN'T HAVE TO BE RIGHT.

THAT'S JUST SO YOU GUYS WRITE REALLY WHATEVER YOU WANT.

BUT SO THAT'S LIKE, IF DENNIS WANTED TO SUPPOSE ADJOURNING WE CAN'T LEAVE.

WELL YEAH, THE FOUR OF THESE CANNOT.

YES I CAN.

OKAY, I'LL JENNIFER, I WOULDN'T RECOMMEND IT.

NO, I MEAN, JUST WANTED TO MAKE SURE WE, WE NEED A MAJORITY OF YOUR BOARD.

NOT UNDER, UNDER WE'RE DO TWO.

I DUNNO WHAT WE'LL DO IF IT'S TWO, TWO, WELL THEN YOU JUST, YOU JUST PUT BOTH SIDES.

PRO BOTH SIDES.

PRO AND CONS.

STRENGTH.

I'M AGAINST IT.

AND, BUT KNOW YOU DON'T HAVE TO TELL US HOW YOU'RE VOTE.

SO GET TO THE AGENDA.

JENNIFER HAVE SET PLANS.

THANK YOU.

NO.

A RECENT SITE ELECTRONICALLY.

OH NO, THAT'S FINE.

THANK YOU.

I MEAN IT COULD BE YES, BUT ENGINEERING LOOKED AT IT AND THEY WERE

[00:35:01]

OKAY WITH THIS.

YEAH.

WELL THEY'RE NOT ON THE PRONOU LAST NAME.

CAR.

CAR.

YEAH.

THAT'S HOW JACK CAR THE WRITER.

MM-HMM .

OKAY.

THAT'S HOW I'VE BEEN SAYING IT.

SPELLED THE SAME.

SO SPELL THE SAME, ISN'T IT? THAT'S HOW YOU PRONOUNCE IT ALL.

UH, WELCOME TO THE JANUARY 5TH MEETING OF THE TOWN OF HAMBURG PLANNING BOARD.

EVERYONE PLEASE RISE THE PLEDGE ALLEGIANCE.

I PLEDGE ALLEGIANCE TO FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS.

ONE NATION UNDER GOD, INDIVIDUAL WITH LIBERTY, ROUTINE JUSTICE FOR ALL.

ALRIGHT, FIRST ITEM ON THE AGENDA IS WOOD'S ICE CREAM.

REQUESTING SITE PLAN.

APPROVAL OF A PROPOSAL TO UTILIZE AN EXISTING BUILDING IS AN ICE CREAM BUSINESS AT 4 4 3 8 SOUTHWESTERN BOULEVARD.

GOOD EVENING EVERYONE.

SO OKAY HERE? YEP.

ALL RIGHT.

UH, HAS EVERYBODY GOT A SITE PLAN? IT LOOKS LIKE MOST EVERYBODY DOES.

OKAY.

UM, THAT'S CURRENT.

YEAH.

WE, I GUESS, UM, I'M JIM BAMEL FROM BAML ARCHITECTS AND I'M HERE REPRESENTING WOODY TONIGHT.

HE'S OUT OF TOWN.

UM, WE DID SOME IMPROVEMENTS ON THE PLAN TO CORRECT THE CIRCULATION, ADDED MORE PARKING.

UM, THE DEVICES THAT ARE USED TO DESIGNATE THE DRIVE-THROUGH LANE FROM THE CIRCULATION AREA ARE THE FLOPPY MARKERS THAT ARE ACTUALLY CEMENTED TO THE GROUND.

AND THEY, THEY MOVE LIKE THIS, BUT THEY STAND IN ROWS LIKE THIS TO GET A LINE OF DEMARCATION.

THAT WAY HE CAN STILL PLOW OVER THEM.

UM, WE LEFT A, UH, CORNER CUT FOR THEM.

IF SOMEBODY IS REALLY NOT LYING, THE, THE SHOPS THAT HE HAS, UM, IF HE HAS FOUR CARS IN LINE, HE SAYS IT'S A LOT.

SO IN HIS HISTORY HE'S, WE'RE ALLOWING FOR QUITE A BIT MORE CARS THAN THAT.

JUST WHAT WE HAVE HERE, THE CROSSWALK THAT LEAD BACK TOWARDS SOUTHWESTERN IS REALLY FOR THE EMPLOYEE PARKING AND THEN A COUPLE HANDICAP SPOTS.

SO WE WOULD REALLY HAVE MAYBE TWO OR THREE PEOPLE THAT WOULD PERHAPS CROSS THAT LINE AT TIMES.

MOST ALL THE PARKING IS BEHIND THE BUILDING, WHICH IS REALLY GONNA BE WHAT I WOULD CALL THE MAIN ENTRANCE DOOR, EVEN THOUGH IT'S ON THE REAR.

'CAUSE THAT'S WHERE THE PARKING IS.

HE'S ADDING A, UH, PATIO IN THE BACK THERE FOR THE PICNIC TABLES AND THINGS.

IT'LL BE KIND OF BEHIND TRAFFIC IF WE LOOK AT IT THAT WAY.

UM, THERE IS A, A COUPLE OF CROSSWALKS THERE WHERE, UH, TRAFFIC CAN CIRCULATE AROUND AND WE'VE ADDED SOME GREEN SPACE IN EACH OF THE CORNERS WHERE WE CAN, WHICH IS GREATER THAN WHAT'S THERE RIGHT NOW.

SO JUST, AND I THINK YOU SAW THIS IMAGE LAST TIME, WHAT HE IS LOOKING TO DO? YEAH.

OKAY.

WHICH I THINK IS AN IMPROVEMENT OVER WHAT'S ON THE PROPERTY TODAY.

AND HE'S REALLY WORKING WITH, WE'RE BRINGING THE PAVEMENT BACK.

IT'S CURRENTLY OVER THE PROPERTY LINE BY ABOUT THREE AND A HALF FEET WHERE PARKING HAPPENS NOW INTO THE RIGHT OF WAY.

[00:40:01]

SO WE'RE BRINGING IT BACK TO COMPLIANT CONDITIONS AND WE'LL RESTORE THE SEATING BEYOND THAT.

YOU KNOW, MOST OF THE ISSUES THAT WE HAD HAD TO DO WITH THE FLOW OF THE PARKING LOT.

MM-HMM .

AND WE HAVE THE TRAFFIC SAFETY ADVISORY BOARD CHAIRMAN HERE WITH US TODAY.

OKAY.

SO IF YOU WANT GIVE SOME COMMENTS NOW OR DO YOU WANT TO WAIT TILL YOU FORMALLY GIVE IT TO YOUR BOARD OR, UM, JUST INITIALLY.

OKAY.

AGAIN, WE HAVEN'T PRESENTED THIS REPORT.

I'VE SHARED IT WITH THEM.

WE HAVEN'T HAD MEETINGS, UH, SINCE THIS PROPOSAL CAME AND WAS REVISED.

UH, OUR CONCERN IS HAVING TRAFFIC AT, AT THE TAKEOUT.

UM, WE WISH YOU ALL THE SUCCESS OF THE WORLD.

WE HOPE YOU'RE BUSY WITH THAT.

UM, BUT WE'RE CONCERNED ABOUT HOW THAT TRAFFIC WILL BACK UP.

IF YOU'RE FAMILIAR WITH THE DAIRY QUEEN IN THE VILLAGE OF HAMBURG, YOU CAN SEE HOW THAT TRAFFIC BACKS UP.

UM, AND IN YOUR CASE WHERE YOU'RE GOING TO HAVE BURGERS AND MORE THAN JUST ICE CREAM, YOU KNOW, HOW MUCH TIME IS SPENT AT THE WINDOW WHILE TRAFFIC BUILT UP BEHIND.

THOSE ARE THE CONCERNS I'LL BRING TO THE TRAFFIC SAFETY BOARD.

UM, AND THEN, YOU KNOW, WE'LL, WE'LL GET THEIR CONFIDENCE TOO, BUT INITIALLY I'D LIKE TO BE ABLE TO GIVE THEM SOME ANSWERS.

I DIDN'T KNOW THIS HADN'T BEEN THE TRAFFIC ALREADY PRIOR TO THE LAST MEETING, SO THAT'S NEWS TO ME THAT IT HASN'T EVEN BEEN TO YOU YET.

UM, I'M COMING TO KIND OF JUST TAKE HIS PLACE TONIGHT.

RIGHT.

UM, I THINK WE WOULD'VE, ALL OF THOSE WERE THOSE CONCERN INITIALLY.

YEAH.

YEAH.

UM, AND I THINK THE IDEA BEHIND THE MARKERS, THEY COULD CERTAINLY EXTEND AROUND AND, AND GIVE US MORE ALLEY, UH, QUEUING, PARKING, UH, OR WAITING I GUESS WE COULD CALL IT.

UM, RIGHT NOW WE JUST, THE WAY HIS BUSINESS HAS ANTICIPATED, HE DOESN'T SEE A TRAFFIC FLOW BEING MUCH OF AN ISSUE IN HIS WHOLE RIGHT.

WHOLE OPERATION HERE.

I THINK ONE OF THE CONCERNS THAT THE PLANNING BOARD HAD RAISED IS I THINK ONE OF THE THINGS THAT HE WAS VERY SUCCESSFUL AT THIS OTHER LOCATION, BUT IT WAS NOT A HIGHLY VISIBLE LOCATION.

HE DIDN'T HAVE A LOT OF FRONTAGE AND HE IS GONNA NOW BE FRONT AND CENTER, MUCH MORE VISIBLE, LIKELY TO DRIVE UP HIS TRAFFIC NUMBERS.

AND OUR EXPECTATION WAS, IS THAT WE HOPE HE'S SUCCESSFUL, BUT THAT, THAT, YOU KNOW, THE CONCERNS RAISED WERE ALONG THE LINES OF STACKING PEOPLE COMING IN AND OUT.

UM, PEOPLE COMING IN FROM SOUTHWESTERN WOULD HAVE TO GO ALL THE WAY AROUND THE BUILDING TO COME BACK IN LINE FOR THE DRIVE THROUGH THE LINE FOR THE DRIVE-THRU AND WHETHER OR NOT THERE WAS ENOUGH.

AND I THINK THAT THERE IS, AND YOU CLEARED THAT UP WITH THIS PLAN BACK SPACE TO BACK UP FROM THE PARKING SPACES TO NOT HIT THE QUEUE FOR THE DRIVE-THRU.

AND THEN ALSO JUST THE CONCERN THAT WE'VE GOT CIRCULAR FLOW OF TRAFFIC AROUND THE BUILDING AND THERE'S A LOT OF PINCH POINTS WHERE THERE'S POTENTIAL FOR PEDESTRIAN TRAFFIC AND VEHICLES AND THERE'S A LOT OF DIFFERENT CROSSING AREAS FOR PEOPLE TO BE CROSSING A CIRCULAR POINT.

WE RECOGNIZE THAT THIS IS A REUSE OF AN EXISTING BUILDING AND THAT POSES THOSE CHALLENGES ARE KIND OF IN PLAY FROM JUST THE WAY THIS WAS CITED.

THE SITE WAS NOT DEVELOPED IN AN ICE CREAM SHOP.

IT WAS HIS CAR SALES AND, AND WAS DESIGNED FOR DIFFERENT PURPOSE.

SO TRYING TO TO BALANCE ALL THOSE CONCERNS OUT HERE.

BUT THAT'S WHY AT THE LAST MEETING WE ALSO HAD ASKED FOR TRAFFIC SAFETY TO GET INVOLVED AND HE WAS ADDRESSING SOME OF OUR CONCERNS AS THE BOARD PLANNING BOARD.

AND THEN WE'LL ALSO HAVE TRAFFIC SAFETY WEIGH IN AS WELL.

I'LL GIVE YOU MY, UH, CONTACT INFORMATION BEFORE YOU LEAVE.

SURE.

I, OKAY.

UNFORTUNATELY, HE FEELS LIKE HE'S LOST A MONTH.

I DON'T THINK HE WAS THAT CLEAR ON THAT.

HE'S, HE'S READY TO ORDER EQUIPMENT.

THAT'S, THAT'S WHERE HE'S STUCK RIGHT NOW.

I THINK HE WAS MISUNDERSTOOD THAT TIME.

WE HAVEN'T HAD A PUBLIC HEARING ON THIS.

YEAH, WE'VE, THAT'S, I DON'T KNOW IF HE UNDERSTANDS THE PROCESS, BUT HE'S ANTICIPATING THE RULES.

UM, TO PIGGYBACK ON DAVID'S STORY ABOUT THE STACKING MM-HMM .

AND MR. MADE A GOOD POINT TO A COMPARISON IN THE VILLAGE AND ALLY, EXCEPT THAT THAT BACKS INTO A, A SIZE SHEET.

THIS IS GONNA BACK INTO WHICH STATUE HE POSSIBLY ON THE SOUTH PARK IS MY CONCERN.

IF HE HAS THAT BUSINESS, I THINK HE'D MOVE SOMEWHERE ELSE.

BUT I CAN QUEUE PROBABLY, UH, 10 CARS EASILY AND WRAP, I COULD EVEN, WELL, YOU COMING FROM THE BAY VIEW HERE, SO YOU'RE COMING FROM BAYVIEW AND YOU'RE GONNA COME OUT THIS WAY.

I COULD EVEN PUSH THE PARKING BACK FURTHER IN THE REAR AND MAKE THAT HAPPEN.

YEAH, I COULD ALL THE WAY AROUND THE BUILDING.

OH, OKAY.

WELL THAT'S SAYING THEN WHEN YOU, CALIN WAS SAYING WHEN YOU COME IN AND YOU'RE GONNA GO IN THROUGH THE DRIVE THROUGH AND YOU'RE GONNA HAVE SOUTHWESTERN AN ENTRANCE MM-HMM.

PLUS THE SOUTH PARK.

SO YOU'RE MAKING A LEFT MM-HMM .

FACING SOUTH PARK UP SOUTH PARK.

MM-HMM.

AND IF YOU'RE COMING FROM SOUTHWESTERN THIS WAY, YOU'RE MAKING A LEFT MM-HMM.

FROM SOUTH PARK, THEIR STACKING COULD POSSIBLY BUNDLE AS THEY COME AROUND THE BUILDING.

YES.

THAT'S MY CONCERN.

MM-HMM.

WHERE THEY COME AROUND, I COME AROUND HERE AND YOU'RE COMING IN, WE HAVE TO EITHER JOCKEY OR WAVE YOU OR WHATEVER.

IF THAT STACKING OCCURS, AND I'M JUST CAUTIOUS TO THERE, WHEN MR. MCLA MENTIONED THE VILLAGE, I DO REMEMBER WHAT YOU'RE SAYING, THAT IT BACKS UP AND THAT WAS A HAZARD.

IT GOT INTO THE SIDE STREET

[00:45:01]

AND SOMETIMES IT TOOK CAMP ROAD AND I DON'T WANNA SEE THAT HAPPEN.

AND ANY KIND OF STACK YOU'RE SAYING, I HEARD THE NUMBER OF TIMES, WELL, IT COULD BE MORE THAN THAT.

AND THERE WAS YEAH.

THERE'S MORE THAN 10 CARS.

CARS ROUTINELY AT THE DAIRY CLEANING.

CORRECT.

AND I THINK THE ISSUE IS, IS THAT AS YOU'RE COMING AROUND, THERE'S ONLY ONE LANE, PARTICULARLY AROUND THE BACK OF THE BUILDING AND TO THE SIDE.

SO YOU CAN HAVE CARS BACK LANDING, COMING OUT OF THE SPOTS IF THERE'S ALREADY, SAY, THREE CARS IN LINE AT THE WINDOW AND YOU COME IN OFF SOUTHWESTERN AND YOU DON'T HAVE TO DRIVE THROUGH, YOU ALSO HAVE TO GO ALL THE WAY AROUND THE BUILDING TO GET IN THE, THAT'S HOW YOU ENTER.

RIGHT.

BUT YOU GUYS GO ALL THE WAY AROUND THE BUILDING, THAT'S INTENTIONAL.

BUT THEN THERE'S ALSO, BECAUSE THAT PUTS EVERYBODY IN ONE LANE.

WELL, RIGHT.

BUT THERE'S ALSO PEOPLE COMING IN AND OUT.

THERE'S JUST A LOT OF, THERE'S A LOT HAPPENING IN A SMALL, THERE'S A LOT OF TRAFFIC MOVING MM-HMM .

SO FROM SOUTHWESTERN YOU'RE GONNA BE COMING IN FROM SOUTH PARK, YOU COME IN, THEN YOU HAVE THE EXISTING, SO YOU HAVE I GUESS THE BOTTOM.

HE, HE CERTAINLY FEELS THIS'LL WORK.

AND I GUESS I UNDERSTAND YOUR CONCERNS.

I UNDERSTAND YOUR CONCERNS, BUT IT ALMOST SOUNDS LIKE YOU'RE SUGGESTING HE NOT MOVE FORWARD WITH THIS.

I DON'T KNOW IF I COULD EVER AVOID YOUR COMMENTS.

I THINK, I THINK WE, WE WERE CONCERNED ABOUT THE DRIVE THROUGH ASPECT OF IT.

MM-HMM .

I DON'T THINK WE WERE CONCERNED ABOUT SELLING ICE CREAM OR ANYTHING.

YES.

WELL, I, I AGREE WITH THAT, BUT I THINK DRIVE THROUGH IS KEY TO WHAT HIS SUCCESS IS.

THAT'S WHAT, THAT'S THE WAY HIS BUSINESS PLAN IS WRITTEN.

I MEAN, WE COULD PUSH THE PARKING BACK FURTHER, LOSE MORE GREEN SPACE, STILL END UP WITH MORE GREEN SPACES CURRENTLY THERE AND PROBABLY AVOID, WE CAN ENTER A WHOLE NEW LANE, WHICH I DON'T THINK HELPS, BUT I'D RATHER CONTROL THE TRAFFIC AND LET IT BE MEANDERED.

WELL, ONE, THE, I DON'T CALL OFF THE TEAM MIGHT UNDERSTAND TWO, ONE WINDOW AS WE'RE ORDERING IN PICKUP.

NO.

THERE'S AN ORDER WINDOW, UH, PRIOR AN ORDER MENU AND SPEAKER.

AND SPEAKER.

YEAH.

YEAH.

MY, MY CONCERN THAT I HAVE IS LIKE HERE ON SOUTH PARK MM-HMM .

OKAY.

YOU'VE GOT A TURN LANE RIGHT ABOUT HERE MM-HMM .

AND PEOPLE COME UP BAYVIEW AND THAT'S, THAT'S WHERE THEY'RE GOING TO GET TIED UP.

THAT'S MY CONCERN THAT YOU'RE GONNA HAVE A BACKUP FROM THE PEOPLE COMING ON SOUTH PARK WANTING TO MAKE THE LEFT ONTO SOUTHWESTERN WITH, WITH THIS DESIGN HERE.

AND I DON'T REALLY KNOW IF THERE'S ANYTHING WE CAN DO ABOUT IT.

YOU SEE WHAT I'M SAYING? I DON'T KNOW IF YOU CAN BUY THERE VERY OFTEN, BUT YEAH.

WE HAVE, I I THINK IT COMES DOWN TO HOW MANY PEOPLE ARE EXPECTED TO QUEUE THAT.

AND IF, IF YOU'RE GONNA THROW A NUMBER AT HIM THAT HE THINKS HE DOESN'T SEE, HE DOESN'T MOVE FORWARD.

THAT'S, THAT'S HIS BUSINESS.

THAT'S THE WAY HE OPERATES.

SO I DON'T KNOW HOW TO ADVISE HIM TO MOVE AT THIS POINT.

AND I REALIZE THIS IS STILL CONCEPTUAL.

SO IF YOU HAVEN'T SEEN IT, I APPRECIATE THAT TOO.

BUT THAT'S FROM TRAFFIC SAFETY.

YEAH.

MM-HMM .

I MEAN I THINK PROCEDURALLY AS WELL, WE'LL GET INPUT FROM TRAFFIC SAFETY.

I THINK NOW THAT WE HAVE THIS, HE STILL DOESN'T HAVE A PUBLIC, WE HAVEN'T HAD A PUBLIC HEARING ON.

I UNDERSTAND THAT NOW IN THE PROCESS.

YEAH.

SO WHEN DOES TRAFFIC SAFETY, ARE THEY GONNA BE ON THIS NEXT THURSDAY? THURSDAY YOU CAN STILL SET YOUR PUBLIC HEARING FOR JANUARY 19TH.

RIGHT.

AND HAVE THE COMMENTS FROM TRAFFIC SAFETY BOARD AND BE ABLE TO HAVE THE CONVERSATION AND HAVE MORE INFORMATION AT HAND.

SOMETHING.

RIGHT.

WE CAN, WE CAN DO THAT AND MOVE FORWARD.

WE CAN ADDRESS AS MANY THINGS AS POSSIBLE BY THEN.

YEAH.

I GUESS AS LONG AS THE CONCEPT STILL HAS VALIDITY.

I THINK EVERYBODY LIKES YOUR CONCEPT.

MM-HMM .

I THINK WE LIKE THE IDEA OF ICE OUT.

YEAH.

AND REUSING THE BUILDING.

YEAH.

WELL AS IT WAS STATED, YOU KNOW, THE LAST MEETING YOU WEREN'T HERE OBVIOUSLY IT, AT HIS O AT HIS OTHER SITE, HE STATED THAT HE HAD A DRIVE-THROUGH AND THAT THE CAR DRIVE THROUGH WAS FOR AT ANY TIME.

AND THEN HE WAS STILL WALK UP THROUGH A WINDOW DURING THE DRIVE THROUGH.

SO THE DRIVE THROUGH WAS THE BIGGEST CONCERN.

EVEN ADMITTED THAT HE PROBABLY WOULD CONSIDER SOME KIND OF EVALUATION OF THAT.

WELL THAT THE CONCEPT IS PHENOMENAL.

MM-HMM .

LET'S USE THE PROPERTY.

IT'S THERE.

WE'RE NOT SAYING NO.

I MEAN IT'S A GOOD IDEA.

YEAH.

BUT YOU HAVE TO, IN I IN MY PERSPECTIVE IS THE BOARD MEMBER, I HAVE TO MAKE SURE THE SAFETY ISSUE, SO DO I.

SURE.

AND SIDEWALKS.

SURE.

THERE'S PEDESTRIANS GONNA BE PROBABLY COULD POSSIBLY COULD BE WALKING SO THAT TRAFFIC COULD AFFECT PEDESTRIANS.

YOU HAVE SIDEWALKS ON BOTH SECTIONS SO PEOPLE AND RESIDENTS ARE CLOSE MM-HMM.

AND THE SCHOOL'S RIGHT AROUND.

YEAH.

THERE'S A SCHOOL, BUT THERE'S, PEOPLE WOULD BE WALKING TO CONCERN BICYCLES.

THERE'S A LOT OF CONCERNS THERE.

WHAT PEOPLE BE TO WALK UP THE WINDOW RIGHT.

AND NOT GET IMPACTED BY THE CAR.

CORRECT.

AND AT THE LAST MEETING HE HAD TALKED ABOUT SEASONAL USE OF THE DRIVE UP TENSION IN THE WINTER.

RIGHT.

AND HE WOULD MINIMIZE IT.

AND IT SOUNDS TO YOU LIKE WHAT WE HEAR YOU TODAY IS THE DRIVETHROUGH IS DRIVETHROUGH IS THE DRIVETHROUGH IS CRITICAL TO HIS BUSINESS.

AND AT THE LAST MEETING AND HAD SOUNDED LIKE SEASONALLY FOR THE WINTER, HE WANTED IT AND IT WASN'T AS MUCH HIS CORE BUSINESS.

AND I AM IN THE SUMMERTIME IT ISN'T.

CORRECT.

AND I THINK THAT TRYING TO UNDERSTAND THAT AND FIND A BETTER WAY TO,

[00:50:02]

I MEAN, I, I GUESS WE'LL SEE WHAT TRAFFIC SAFETY SAYS, BUT, AND WHAT ABOUT BEST WAY FOR TRAFFIC SAFETY AND, AND THEN I MEAN, WHAT ABOUT SPEED BUMPS THEY WOULD BE IN IN THE SUMMER AND THEY, THEY LOT OF TIMES THEY GET REMOVED IN THE WINTER AND THAT WOULD KINDA DISCOURAGE THE TRAFFIC ASPECT IN THE SUMMER WHEN THEY'RE THERE.

HOW DOES THAT AFFECT PEOPLE TRYING TO BACK OUT SPACES? YEAH.

YEAH.

BACKING OUTTA 16 AND 23, IF THEIR SPEED BUMPS WOULD BE PROBLEMATIC AND I GUESS SIX AND SEVEN YOU COULD, MATT WON'T PREVENT ANYTHING.

IT'S, YOU KNOW, BUT SO THEN OUR PEDESTRIANS WANT ME ON THE SPEED BUMP? WELL WE DID ARE THOSE POPEYES WHERE WE HAD, WHERE, WHERE, WHERE PEDESTRIANS GOING ACROSS POTENTIAL DRIVE THROUGH TRAFFIC IS WE HAVE ONE ON BOTH SIDES OF THE PEDESTRIAN MADE.

MM-HMM .

THEY GO, YOU KNOW, SO, SO IN THE SUMMERTIME THEY ONE ON BOTH SIDES AND THEY'RE SUPPOSED TO HAVE A SIGN IN THE MIDDLE SAYS PEDESTRIANS.

SO THAT PREVENTS THE PEOPLE FROM KIND OF FLYING THROUGH THERE, BUT THEN THEY TAKE THEM OUT AND UM, I DON'T THINK THEY ALWAYS PUT THAT UP EITHER.

WHAT'S THAT? I DON'T THINK THEY ALWAYS PUT 'EM BACK UP OVER THERE EITHER.

BUT I DON'T THINK AS LOT, I MEAN THIS IS A LITTLE BIT DIFFERENT 'CAUSE YOU'VE GOT A LOT MORE POINTS WITH PEOPLE ARE GONNA WALK IF YOU, IF YOU PUT THIS, IF YOU PUT THE SPEED BUMPS HERE AND MAKE THIS A PEDESTRIAN LANE, SOMEBODY THAT PARKS AT 18 OR 19 TO 20 ISN'T GONNA WALK OVER TO THOSE LANES, THEY'RE JUST GONNA CROSS.

UM, WE JUST GOT PEOPLE WALKING WHERE CARS ARE GOING.

SO THAT'S, WE'LL BE ABLE TO HELP US OUT WITH SOME OF THAT TOO.

WAS THERE ANYTHING, I THOUGHT SOMEWHERE I READ THAT THE DRIVE THROUGH WINDOW HAS TO BE A CERTAIN PART OF THE BUILDING.

WAS IT THE BACK OF THE BUILDING? WHAT YOU REMEMBER? HE COMMENTED, UH, PREVAILING WINDS RIGHT.

MADE IT DIFFICULT TO HAVE IT MADE IT NOT POSSIBLE TO HAVE THE WINDOW ON OTHER SIDE OF THE BUILDING.

ALRIGHT, SO WE'LL GET, YOU'LL BE AT THE NEXT ONE.

SO EVEN IF WE DON'T GET SOMETHING IN WRITING, YOU'LL BE ABLE TO TELL US WHAT THEY SAID SO WE CAN SCHEDULE A PUBLIC HEARING.

SO I'LL MAKE A MOTION TO SCHEDULE A PUBLIC HEARING OF WOODY'S ICE CREAM FOR JANUARY 19TH.

PERFECT.

MOTION BY MR. CLARK.

SECOND BY MR. MAHONEY.

ALL IN FAVOR? AYE.

MOTION CARRIED.

THANK YOU FOR YOUR COMMENTS EVERYBODY.

I APPRECIATE IT.

THANK YOU FOR, FOR BEING.

ALRIGHT, NEXT ITEM IN THE AGENDA IS GARY MARINE PROFESSOR REZONING OF VACANT LAND LOCATED WEST OF 2 8 1 9 LAKEY ROAD FROM TWO TO R ONE.

UM, THEY COULDN'T MAKE IT TODAY, BUT I DON'T THINK THAT WE NEED ANY MORE INFORMATION.

WE HAD TO MAKE A RECOMMENDATION TO THE TOWN BOARD, UM, REZONING.

SO THE TOWN BOARD MAKES THE ULTIMATE DECISION.

WE TELL THEM WHAT WE WERE THINKING AND OFFER RECOMMENDATION.

ANYTHING WE NEED TO TALK ABOUT BEFORE PUBLIC HEARING? IS IT A PUBLIC, IT'S NOT A PUBLIC HEARING IS IT? IS IT? NO, IT'S NOT.

NO, NO, NO.

IT'S, WE'RE JUST MAKING A RECOMMENDATION TO THE TOWN BOARD TONIGHT.

SURE.

FOR THE REZONE.

SO SARAH SENT ME A NOTICE.

WERE WE SUPPOSED TO HAVE THE, WE DIDN'T HAVE A PUBLIC HEARING ON WHAT DO YOU GUYS DO TONIGHT? WE DIDN'T BOOK ONE UNTIL THAT NIGHT.

OKAY.

NO, NO.

WE JUST, WE JUST NOW SCHEDULED THE PRODUCTION.

YEAH.

OKAY.

SO SORRY, I GOT CONFUSED.

OKAY.

SO SARAH SENT US, SENT IT TO US LIKE FOUR OR FIVE TIMES IN THE PAST THREE WEEKS.

UM, WHAT SHE TOOK FROM OUR MINUTES AS THE REASONS WE HAD FOR THE REZONING OR THE REASONS WE HAD AGAINST THE REZONING.

I THINK WE ALL HAD PLENTY OF OPPORTUNITY TO LOOK AT THOSE.

DOES ANYBODY HAVE ANY REASONS ON EITHER FOR OR AGAINST THAT WE FEEL LIKE SHOULD HAVE BEEN ADDED? I GAVE HER COMMENTS THAT I THINK SHE ADDED IN.

SO I THINK THAT SHE DID ADD OKAY.

OR REVISED.

SO I THINK, I DON'T KNOW IF ANYONE ELSE ON SARAH COPIES, I WAS JUST TRYING TO PULL IT UP AND LET YOU KNOW TO MAKE SURE THE RIGHT VERSION OF IT, BUT SHE DID REVISE THAT.

SO WE ALSO GOT A LETTER FROM MR. CARAC THAT I THOUGHT, UM, METHODICALLY LAID OUT HIS CASE AND HE HAD INDICATED A NUMBER OF ITEMS. SO I JUST WANNA CONFIRM THAT EVERYBODY HAD TAKEN A, A LOOK AT HIS MM-HMM .

HIS SPECIFIC NOTES AND HE HAD, UM, SOME ADDITIONAL DETAIL ON THE ADJACENT PROPERTIES AND THEIR SIZE AND WHAT

[00:55:01]

MADE HIS PARCEL UNIQUE.

ONE, ONE OF THE, ONE OF THE CONCERNS THEY HAD WHEN I READ THE MINUTES WAS ONE RESPONSIVE MR HAD THE LAST MEETING, HE MADE A RESPONSIBLE QUESTION, ONE OF THE BOARD MEMBERS THAT HE WAS GIVEN THE IMPRESSION THAT TO WOULD RATHER HAVE THIS PROBABLY ZONED RESIDENTIAL BY A GENTLEMAN WHO SOLD WITH HIM.

HE ALSO STATED THE GENTLEMAN ADVISED HIM THAT THE PLANNING BOARD WANTED HIM TO REZONE IT TO RA.

I DON'T KNOW WHERE THIS, WHERE HE GOT THIS INFORMATION.

IT, IT'S BEEN STICKING WITH ME WHEN I READ IT AND I HEARD IT THAT I'M JUST CURIOUS WHERE WOULD THIS, I MEAN WHEN HE BOUGHT THE PROPERTY, I, I DON'T KNOW.

YEAH.

UM, THEY, THEY DO THE REZONINGS COME IN FRONT OF CODE ENFORCEMENT I THINK OR CODE REVIEW COMMITTEE AND THE SURROUNDING AREA IS RA.

SO IT WAS PROBABLY MENTIONED THAT RIGHT.

THEY DIDN'T, THEY WOULD PREFER AN RA CHANGE WHEN IT, BUT THAT WOULD BE AFTER HE FORMALLY CAME TO THE TOWN.

IF SOMEBODY TOLD HIM THAT BEFOREHAND, UH, I DON'T KNOW WHERE HE WOULD GET BETTER.

YEAH, WELL I, THAT'S WHAT IT WAS STICKING WITH ME WHEN I HEARD IT AND WHEN I WENT AND READ THE MINUTES WHEN WE RECEIVED THEM, YOU KNOW, AND IT SAID THAT HE ADVISED HIM THAT THE PLANNING BOARD WANTED HIM TO REZONE TO RA WHEN HE WAS SPLITTING IT.

I MEAN WHEN I'VE NEVER HEARD THAT.

WELL, IS THAT IN OUR MINUTES FROM WHEN WE WERE DISCUSSING THE, THE MONKTON FAMILY, THE MONKTON FAMILY TRUST WE HAD LIKE EXACTLY, THAT'S RIGHT.

SO, SO WE MIGHT HAVE SAID THAT.

I I DON'T SEE WHY WE WOULDN'T HAVE SAID THAT.

I, I'M NOT SURE I HAVE, I DIDN'T, I I REVIEWED THOSE MINUTES AND I, I NOT, I, AND WE'VE ALSO HAD, UH, COMPREHENSIVE PLAN THINGS WHERE WE'VE CIRCLED AREAS ON THE MAP THAT WE THOUGHT WOULD BE, SHOULD BE REZONED.

AND I KNOW THAT'S AN AREA THAT WAS CIRCLED BECAUSE IT'S COMMERCIAL IN AN AREA THAT'S SURROUNDED BY RA AND BECAUSE THE MCC COTTON WAS IN FRONT OF US.

RIGHT.

ALSO.

SO I AGREE WITH I AGREE WHAT YOU'RE SAYING.

SO THERE, THERE'S A LOT OF PLACES WHERE HE COULD'VE GOTTEN IT FROM.

RIGHT.

WELL, PUBLICLY, I KNOW WHEN I ASKED WHEN HE SAID HE GOT IT FROM THE PREVIOUS OWNER AND, AND THEN, AND HE WAS HERE ON FRONT.

SO I MENTIONED TO HIM, I SAID, WELL THAT'S NOT THE TOWN.

RIGHT.

BUT, UH, NO, I JUST, IN MY OPINION, I DON'T LIKE RESILIENCE AT ALL.

HOWEVER, UH, IN THAT CASE WITH THAT, THE SIZE OF THE LOT, THE CONFIGURATION, I COULD GO RA BUT I JUST CAN'T GO R ONE BECAUSE THEN WE'RE OPENING UP A CAN OF WORMS FOR EVERYBODY ELSE IN THAT AREA EVEN THOUGH LOT SIZE MIGHT BE DIFFERENT.

SO, YOU KNOW, I DON'T WANT AN RA BUT THERE'S NO WAY I'M GOING R ONE.

OKAY.

SARAH HAD JUST MESSAGED ME THAT WHEN MONTON WAS HERE, IT WAS JUST, IT WAS REQUESTED IF HE WOULD REZONE TO RA AND HE SAID NO.

RIGHT.

SO NOW WE'RE GONNA, YEAH.

SO THAT WAS BECAUSE OF THAT PROPERTY THAT HAD THE OFFICE ON RIGHT NOW.

IF THAT, IF THAT'S GONE, WE WANTED TO ZONE IT COMPLETELY AS RA AND GIVE THEM LIKE GRANDFATHER'S AS THE COMMERCIAL AND THEY DIDN'T WANT TO GO FOR THAT BECAUSE THEN THEY WOULDN'T BE ABLE TO SELL IT AND KEEP IT AS COMMERCIAL.

OKAY.

SO, SO THERE WERE, THERE WAS PLENTY OF PLACES WHERE THERE WAS PUBLIC DISCUSSION ABOUT IT, UM, WHERE THIS PERSON GOT THE PARTICULAR INFORMATION.

SO, UM, BUT THE PROBLEM WE HAVE, HE MADE IT VERY CLEAR, IF WE DON'T GO R ONE YOU DON'T WANT IT.

SO DO WE WANT TO REZONE AN RA IN ADVANCE OF THAT OR JUST JUST LEAVE IT AS IS AND TELL HIM IT'S RA OR NOTHING? WELL, WE DON'T GET TO DO ANYTHING.

RIGHT.

THE BOARD.

YEAH, WE, WE, THAT WOULD BE MY, MY RECOMMENDATION WOULD BE, YOU KNOW, RA BUT NOT R ONE AND SEE WHAT HE SAYS.

RIGHT.

SO, SO THE, THE REASONINGS FOR DENIAL THAT SARAH WROTE, UH, NUMBER FOUR, THIS PARTIAL SHOULD BE ZONED RA UH, THREE R ONE ZONING DOESN'T APPEAR APPROPRIATE FOR THIS AREA.

AND THE REASONING FOR SUCH COULD BE POOR PRECEDENT FOR FUTURE REQUESTS AND SOUNDING A LOT LIKE THE THINGS YOU JUST SAID THERE, DENNIS.

TWO, THE GOAL OF THE COMPREHENSIVE PLAN FOR THE AREAS TO DISCOURAGE SUBURBAN DEVELOPMENT WITHOUT DISREGARDING ECONOMIC SURVIVAL AND SOME GROWTH OPPORTUNITIES.

THIS PART OF ONE, THIS PART OF THE TOWN CONTAINS SOME OF THE LAST REMNANTS OF OLD RURAL AREA AND SHOULD THEY REMAIN RURAL.

SO THREE AND FOUR ON THAT ONE.

WELL I THINK YOU SHOULD BE PROVIDING A RECOMMENDATION TO THE TOWN BOARD SPECIFICALLY IN RESPONSE TO WHAT THE APPLICATION IS FOR SURE.

SO IF YOUR THOUGHTS WERE, YOU WOULD FEEL COMFORTABLE WITH A DIFFERENT REZONING.

I THINK YOU CAN MENTION THAT IN THERE.

HOWEVER, YOUR APPLICATION IS FOR A SPECIFIC ZONING, RIGHT.

WE SAY WE, WE DENYING IT BECAUSE, SO THAT, THAT'S WHERE IT GETS MORE INTO R ONE ZONING DOES NOT APPEAR APPROPRIATE FOR THIS AREA THAT SHE PUT IN THERE.

SO I SENT SARAH COMMENTS BACK BECAUSE I THINK THAT THIS PARTICULAR SET OF, AND I

[01:00:01]

HAD ADDED IN A COUPLE ADDITIONAL POINTS ON THE 30TH UNDER THE RECOMMENDATION FOUR AND IT INSERTED A MAP.

I DON'T KNOW IF EVERYBODY HAS THAT VERSION, BUT, SO THAT MAP DIDN'T COME, COME THROUGH BUT I PRINTED OUT THE, I I DON'T KNOW IF YOU GUYS WANT, I'VE JUST GOT THREE OF THEM DONE THE MAP.

UM, WELL I INSERTED JUST A GOOGLE STREET VIEW 'CAUSE I WAS NOT CONCERNED ABOUT THE ZONING.

WHAT I WANTED TO SHOW WAS THE ROADS AND HOW THAT THIS PARCEL IS BECAUSE IN MY MIND THE THINGS THAT MAKE THIS SET OF PROPERTIES UNIQUE HAVE TO DO WITH THAT THE PARCELS ON THIS NARROW STRIP OF LAND.

AND, AND THIS IS ALSO MR. NOTED IN HIS LETTER THAT IT'S GOT FRONTAGE ON BOTH SIDES.

SO THAT MAKES IT DISTINCTIVE THAT IT IS, HE NOTED IT IS ABOUT A 1500 FEET LONG.

BUT BASICALLY MY CONCERN IS THAT IT'S A NARROW STRIP OF LAND THAT'S NOT NECESSARILY DEVELOPABLE, IT'S ALSO JUST, IT'S JUST MOWED GRASS.

SO IT'S NOT LIKE IT'S PROVIDING ANY VALUE FROM A ECOLOGICAL PERSPECTIVE OF BEING MAINTAIN THIS MODE.

BUT BECAUSE IT'S GOT FURNITURE ON BOTH SIDES AND BECAUSE ALL THE OTHER LOTS ON THAT, WHAT I REFER TO AS AN ISLAND ARE SMALLER MO ALMOST ALL OF THEM ARE SMALLER THAN ONE ACRE.

THAT THAT WHOLE LITTLE ISLAND IS FUNCTIONALLY, EVEN THOUGH IT'S NOT ZONED AS IT IS, IS KIND OF R ONE THAT BECAUSE OF THE UNIQUENESS, BECAUSE IT'S ONLY IN THAT BUBBLE AND THAT THE OTHER AREA IS SURROUNDED BY BY THAT AND THE REST OF IT'S CONSISTENT.

I WOULD BE SUPPORTIVE WITH THOSE CONSIDERATIONS AND FOR THOSE NARROW REASONS ONLY BECAUSE THEY'RE ON THE ISLAND OF THE FRONT OF BOTH SIDES WITH THE REZONING.

BUT I RECOGNIZE THAT THAT'S ALSO NOT THE SAME OPINION THAT I UNDERSTAND WHERE DENNIS IS COMING FROM TOO FROM AS WELL.

UM, SO I, BUT I THINK MY CONCERNS ARE VERY UNIQUE TO THE FACT THERE'S, WE'RE LEAVING ALMOST AN UNBUILDABLE LOT AND THAT DOESN'T HELP ANYBODY, THE TOWN NECESSARILY EITHER PUTTING R ONE SIZE LOTS AND HOUSES IN WOULD BE CONSISTENT WITH WHAT'S THERE.

AND CURRENTLY SOMEBODY COULD COME IN AND BUILD A C TWO BUSINESS ON THAT LOT AND AN R ONE IS MORE OF A TRANSITION OR MORE CONSISTENT WITH THE LAND, THE LAND USE AND CHARACTER THAN THAN A C TWO BUSINESS.

SO, WELL PART OF THE COMPREHENSIVE PLAN AND THE REASON IT WAS THERE ACCORDING TO THAT WAS UH, THEY DON'T WANT A LOT OF BUILDUP IN THERE.

THEY, THEY WANT IT LESS DENSE THAN AND HOLD, HOLD ON BEFORE WE GET INTO AN ARGUMENT VOTE.

I UNDERSTAND.

DO YOU HAVE AN EMAIL FROM SARAH AFTER DECEMBER 22ND? BECAUSE WHEN I LOOK AT HER DRAFT ON DECEMBER 22ND, WHICH I THINK IS THE MOST RECENT ONE I HAVE, I DON'T THINK IT ADEQUATELY ARTICULATES WHAT YOU JUST SAID.

NO, I SENT HER COMMENTS ON THURSDAY THE 30TH.

SHE ADDED YOUR COMMENTS TO THE MOST RECENT VERSION.

THE MOST RECENT MEMO.

YES.

AND WHAT'S THE DATE WAS IN THE MEMO? NOT IN THE OH, IT'S IN THE MEMO.

OKAY.

BECAUSE I WAS JUST, IT WAS IN THE MEMO THAT SHE SENT OUT ON THE 30 OR RIGHT ON I THINK IT SHE SENT ON.

YEAH, I HAVE A COPY HERE.

DO YOU NEED IT? I'VE GOT, I'VE GOT THE MEMO.

I WAS, I WAS JUST LOOKING AT THE ONE THAT WAS JUST FOR THIS AND THE LAST ONE I HAD ON THERE WAS THE 22ND WE SENT, I SENT SOME CLARIFYING NOTES AND ALSO SOME OF DREW'S COMMENTS THAT HE HAD AS WELL TO THE MEMO.

RIGHT.

SO THIS ONE'S GOT SEVEN REASONS FOR SO THE REASONS, THE REASONS AGAIN STAY THE SAME.

IT'S JUST THE REASONS FOR THAT CHANGE MM-HMM .

RIGHT.

AND THIS DOES A BETTER JOB ARTICULATING WHAT YOU JUST SAID AND THAT, AND THAT'S, THERE'S A REAL DIFFERENCE I THINK BETWEEN THE BROADER RURAL CHARACTER OF THE OVERALL REGION AND PORTION OF THE TOWN.

AND I RESPECT THAT AND I AGREE WITH THAT, THAT THE GOAL IS FOR THAT BROADER AREA TO REMAIN RURAL, BUT THAT FUNCTIONAL TINY LITTLE AREA IS VERY, YOU, YOU WOULDN'T PUT MORE THAN THREE ADDITIONAL HOUSES ON THERE.

THERE'S NO POTENTIAL.

IT'S, IT'S ISOLATED AND IT, IT, I THINK IT WORKED VERY SPECIFIC AND LASER FOCUSED WITH THE RECOMMENDATION.

I'D BE SUPPORTIVE, BUT I RECOGNIZE THAT I THINK THE BOARD IS JUST GONNA BE SPLIT ON THIS.

YEAH.

AND I AND THAT'S, THAT'S OKAY.

I THINK AS LONG AS WE ARTICULATE, I WOULD RATHER HAVE THEM KNOW THE RATIONALE FOR BOTH SIDES OF IT AND THEM TO MAKE AN INFORMED DECISION AT THE TOWN BOARD LEVEL RECOGNIZING THAT IT CAN GO EITHER WAY.

AND AND THAT'S WHAT WE DO ANYWAY.

SO YEAH.

SO, UM, BUT I THINK SARAH, I THINK SARAH DOES OUTLINE 'CAUSE I UNDERSTAND EXACTLY WHAT DENNIS IS SAYING AND I I DON'T, I I RESPECT THAT THAT'S A, YOU KNOW, I THINK THERE'S, I THINK THERE'S VALID POINTS ON BOTH SIDES OF, OF THE ARGUMENT HERE AND IT'S NOT AN EASY DECISION.

WELL THAT'S WHY AND THAT'S WHY IT GONNA, THE TOP BOARD PEOPLE SHOULD LOOK WHEN THEY, BEFORE THEY BUY, YOU KNOW, DON'T BUY AND THEN COME THE US TO CHANGE IT.

ALRIGHT.

ALL RIGHT.

SO ANY OTHER COMMENTS BEFORE WE ACTUALLY DO A, A ROLL CALL VOTE HERE? WELL ONE OF THE, ONE

[01:05:01]

OF THE THINGS THAT, I'M SORRY DREW, YOU HAVE TO HEAR THESE TWO WORDS AND IT'S THAT SPOT ZONING, THE COMPREHENSIVE PLAN.

I MEAN IT'S SOMETHING I HAVE TO MENTION.

IT SEEMS LIKE THE COMPREHENSION TRYING TO GET AWAY.

AM I CORRECT? SO I'M CONCERNED ABOUT THAT BECAUSE WHEN I SEE THIS, THE WAY THIS IS DESIGNED AND WE WENT THROUGH THE, YOU KNOW, THE MCC COTTON FAMILY WHEN THEY JUST SAID, OKAY, WE'RE NOT GONNA DO IT.

WE WERE UH, ALL ON BOARD WITH THAT EITHER.

AND I'M NOT DOING THE COMPARISON.

IT'S NOT REALLY, YOU KNOW, APPLES AND APPLES.

BUT YOU KNOW, IIII STRUGGLED WITH THE IDEA OF ZONING IN BETWEEN OTHER ZONES AND THE LAKEVIEW AREA IS ALWAYS, WE'VE HAD PROBLEMS WITH THAT PAST WITH THOSE ISSUES.

ONE WAS WHERE THE PROJECT WAS GOING UP AND THE PEOPLE, THE RESIDENTS DIDN'T KNOW HOW IT WAS ZONED, WHEN DID IT HAPPEN? HOW DO YOU KNOW, LIKE YOU ARE SAYING THEY DIDN'T KNOW, THEY DIDN'T HAVE THE INFORMATION.

LIKE WHEN WE DID ANOTHER ONE WHERE THE PEOPLE KNEW HOW IT WAS ZONED, RIGHT.

'CAUSE THERE WAS SOMETHING PRIOR THERE, BUT THEY BOUGHT IT ANYWAYS AND THEN THEY CAME AND SAID, WELL NO WE DON'T WANT IT THERE.

SO YOU DO, YOU HAVE THAT CONFLICT AND THAT'S WHAT I'M, I'M STRUGGLING WITH AND WE WANNA SET A PRECEDENT AND SAY, WELL LET'S JUST DO IT AND WAIT FOR THE NEXT TIME THAT COMES UP.

JUST WHENEVER IT DOES AND THE NEXT BOARD HAS TO, OR SAME BOARD HAS TO ADDRESS IT AGAIN ANYTIME.

I MEAN I THINK IT'S ALREADY SPOT ZONED.

YOU'VE GOT THIS TINY LITTLE AREA OF C TWO.

SO I THINK THAT IT IS SPOT ZONED ALREADY WITH C TWO AND THAT SHIFTING IT TO RESIDENTIAL, WHICH IS AT LEAST CONSISTENT WITH THE ADJACENT PARCELS WOULD BE STEPPING AWAY FROM SPOT ZONING EVEN THOUGH YOU HAVE A DIFFERENTIATION BETWEEN R ONE AND RA.

CORRECT.

BUT I THINK THAT IT IS CURRENTLY, I DON'T THINK ANYONE WOULD DISAGREE.

I MEAN IT'S A C TWO AND A RIGHT RI MEAN R ONE IS BETTER THAN C TWO, BUT IT THAT'S, IT'S R ONE BY ITSELF.

YEAH.

THAT, THAT'S JUST THE WAY I OKAY, SO WE WANNA VOTE ON IT.

ARE WE, I MEAN, DOES ANYBODY HAVE ANYTHING ELSE THEY WANNA ADD TO THE RIGHT REASONS? .

ALRIGHT, SO, SO BOB IS AGAINST, AGAINST ZO DAR ONE YES.

FOUR.

YEAH, I, I I I GUESS I SHOULD JUST LET YOU REAY IT ON THING.

YEAH.

MR. PONEY.

YES.

FOUR MR. TN AGAINST .

UM, AND I, AND I, YEAH, I'M, I'M AGAINST THE REZONING ALSO.

UM, I I THINK RA IS THE WAY TO GO HERE.

I ALSO THINK THAT ALL THE REASONS THAT YOU STATED WOULD BE VALID REASONS FOR THEM TO BE ABLE TO GET A VARIANCE AND THAT'S WHAT THE ZONING BOARD OF APPEALS IS FOR.

THEY CAN'T THOUGH, BECAUSE THERE'S NO DEMONSTRATED HARDSHIPS.

SARAH WENT THROUGH THIS AT THE LAST MEETING.

OH, THAT'S RIGHT.

THEY CAN'T GET A VARIANCE.

NOT YET.

UM, I THINK THE, THE OTHER THING THAT I THOUGHT ON IT FOR A CERTAIN AMOUNT OF TIME.

RIGHT.

WELL HE'S EXPLAINED WHAT HE WANTS TO DO WELL, RIGHT.

BUT HE'S INTENT ONE THING.

SHE'S RIGHT ABOUT THE DEMONSTRATED HARDSHIP.

SHE CAN'T YES, YOU CAN'T.

THAT'S RIGHT.

THE OTHER THING THAT I THOUGHT, AND I DON'T KNOW IF THIS WOULD APPLY HERE, IS CAN HE USE A P THE, YOU KNOW, HOW MUCH I LOVE THOSE PLANNED USE DEVELOPMENTS.

CAN YOU DO A PLANNED USE DEVELOPMENT IN, I DON'T THINK WAS LIKE, WHAT DID SHE SAY? NO, I DON'T, I DON'T THINK I, WELL THERE'S ALL SORTS OF STUFF.

LIKE YEAH, I MEAN, SO WHAT WE'LL DO IS, BUT THAT'S NOT THE REQUEST IN FRONT OF US, RIGHT.

SO WELL, AND AND NEITHER IS ZONING TO RA.

SO THE, SO, SO THERE'S, SO THE, THE FACT THAT THAT'S WHAT WE'RE SAYING SHOULD HAPPEN IS ALSO IN AND OF ITSELF PROBLEMATIC OR I MEAN I THINK WE RECOGNIZE THAT.

WELL I DON'T THINK WE'RE OFFICIALLY SAYING THAT, BUT YEAH, SO IT'S NO NUMBER FOUR FOUR, THIS PARTIAL SHOULD BE ZONED RA WELL I DIDN'T VOTE FOR THAT ONE.

I KNOW YOU THE OTHER, YOU FOR THAT ONE.

YES.

SO THE THREE OF US ARE, ARE, ARE OFFICIALLY SAYING THAT AND, AND WE DO RECOGNIZE THAT THAT IS PROBLEMATIC.

SO WHAT WE'LL DO IS WE'LL, WE'LL PUT TOGETHER A MEMO THAT DOES THE PROS AND CONS BECAUSE I THINK SHE CAN JUST TAKE THE, I THINK SHE CAN TAKE, BUT YOU DID TAKE THE DENIAL AND SAY IT WAS DENIAL WAS FOUR THREE TO ONE AND APPROVAL WAS ONE TO THREE.

SO I THINK JUST KIND OF LAYING THAT OUT FOR THE TOWN BOARD.

RIGHT.

AND YOU KNOW, JUST KIND BREAKING ALL THAT DOWN.

I, I THINK THAT'S JUST GIVING THEM YOUR RECOMMENDATION BECAUSE, 'CAUSE THE REAL IMPORTANT PART IS THAT THE TOWN BOARD, THAT THEY, THEY GET A RECOMMENDATION, BUT THEY, THEY GET THERE FOUR REASONS THAT WE SAID TO OPPOSE IT AND THE, THE SEVEN REASONS WE HAVE IN THERE BY DISSENTING OPINION.

RIGHT.

AND, AND THAT, THAT REASONING THAT THAT'S THE, THE VALUE IS, IS THE THINGS THAT WE CONSIDERED NOT SO MUCH THE NUMBER OF PEOPLE WHO VOTED ONE WAY OR THE OTHER.

YEAH.

WOW.

OKAY.

ALL RIGHT.

SO THAT'S THAT NEXT ITEM ON THE AGENDA

[01:10:02]

IS AUTO COLLISION AND GLASS, FORMERLY SCHMITZ GARAGE REQUESTING SITE PLAN APPROVAL OF A PROPOSED ADDITION TO THE EXISTING BUILDING AT 3 9 6 8 LEGION ROAD.

SO THEY WERE IN FRONT OF THE ZONING BOARD OF APPEALS YESTERDAY FOR VARIANCES, WHICH THEY GOT.

SO ARE THEY, IS THERE ANYONE HERE, I DON'T KNOW IF ANYONE'S HERE TODAY.

UM, WE HAVEN'T HAD A PUBLIC HEARING ON THIS.

RIGHT? AND IT'S NOT SCHEDULED FOR TODAY.

NO, BECAUSE IT NEEDS TO HAVE VARIANCE BECAUSE IT NEEDED THE VARIANCE AND WE DIDN'T KNOW IF WE'D GET IT.

THAT'S RIGHT.

BECAUSE, BECAUSE SOMETHING SQUIRRELLY HAPPENED.

SO, SO THEY GOT THE VARIANCE WITH, UM, I MAKE A MOTION TO SCHEDULE A PUBLIC HEARING ON ALL COLLISION FOR JANUARY 19TH.

JANUARY 19.

I'LL SECOND THAT.

MOTION.

MOTION BY MR. CLARK.

SECOND BY MR. CHAPMAN.

ALL IN FAVOR? AYE.

I MOTION, I'M ASSUMING IF THEY CAN'T COME INTO THE NEXT MEETING, THAT WE'RE GONNA GIVE SARAH THE LATITUDE TO MOVE THE PUBLIC HEARING TO THE MEETING AFTER THAT.

'CAUSE THEY'RE NOT HERE TO TELL US WHETHER OR NOT THEY'RE AVAILABLE.

THEY'RE NOT HERE.

UM, SO IF THEY'RE NOT FREE WE CAN, IF THEY'RE NOT FREE, THEY BETTER TELL SARAH BEFORE SHE NOTICES IT IN THE PAPER AND THEN WE VOTE ON ALSO CONDUCT WITHOUT THEM.

THAT'S TRUE.

YEAH.

WE, I MEAN WE JUST DID THIS WITHOUT THEM.

ALRIGHT, NEXT ITEM ON THE AGENDA IS BUFFALO SOLAR REQUESTING A SPECIAL USE PERMIT TABLE THAT WHAT WE SCHEDULE THE PUBLIC HEARING.

SO REQUEST, YEAH.

BUFFALO SOLAR REQUESTING A SPECIAL USE PERMIT AND SITE PLAN APPROVAL OF A PROPOSED TIER THREE SOLAR ARRAY TO BE LOCATED ON VACANT LAND SOUTH SIDE OF SOUTHWESTERN BOULEVARD.

WEST OF 6 2 8 9 SOUTHWESTERN BOULEVARD.

ALRIGHT, SO WE'VE GOT AN ENGINEERING DEPARTMENT COMMENT LETTER THAT HAD A LOT OF ISSUES THAT WE BROUGHT UP AT SOME PRIOR MEETINGS AND THEY, THIS HAS NOT GONE IN FRONT OF THE CONSERVATION ADVISORY BOARD, IS THAT THAT'S CORRECT.

IT HAS GONE BEFORE THEM ONCE I, UH, AFTER MAYOR.

YEAH, THEY, THEY SAID THAT THEY WOULD BE HAPPY TO HAVE YOU ATTEND THEIR MEETING ON THE 20TH NEXT WEEK.

I TALKED TO MARK EARLIER IF YOU WOULD, IF YOU'D LIKE TO, UH, ATTEND.

OH YEAH, WELL, WE'LL ABSOLUTELY ATTEND THAT MEETING.

AND SO, SO WE'VE ALREADY HAD THE PUBLIC HEARING ON THIS.

WE DON'T HAVE RESOLUTIONS PREPARED AND AS I DISCUSSED IN THE BEGINNING FOR REALLY ANYTHING TO TAP IT, IT'S GOTTA BE, UM, UNANIMOUS.

SO WHAT DO WE WANNA DO WITH THIS? WE WANNA, I WOULD LIKE JUST AN UPDATE OR REFRESHER ON WHAT THERE WAS DISCUSSED A COUPLE TIMES.

TREE CLEARING AND TREE CLEARING MITIGATION AND TREE PLANTING.

IS THERE AN UPDATE ON WHAT THE EXACT PROPOSAL IS TO MITIGATE FOR THAT TREE PLANTING? SO I'VE BEEN TRYING TO GET AHOLD OF, UH, PAT RYAN ON GROUND, UH, GROUNDS, UH, FOR HAMBURG.

AND I'VE EMAILED HIM, UH, HANDFUL TIMES.

I CALLED A COUPLE TIMES.

WE ORIGINALLY SPOKE AND SAID WE'RE GONNA TRY AND FIND SOME LOCATIONS, UH, FOR US TO PLANT TREES.

UM, IF THAT DOESN'T WORK OUT, WE SHOULD GLADLY JUST PLANT SOME MORE TREES ON SITE, UM, TO TRY AND .

CAN YOU, IF YOU GUYS DO ATTEND THAT CONSERVATION ADVISORY BOARD MEETING ON THE 20TH, I WOULD BE INTERESTED TO GET THEIR INPUT ON THEIR RECOMMENDATION FOR THE TREE MITIGATION.

'CAUSE THERE'S A NUMBER OF PLACES IN THE CODE WHERE IT DOES IT, IT COMES TO US AS PART OF THE SITE PLAN.

BUT THERE'S A NUMBER OF PLACES WHERE THE TREE CLEARING IS REFERRED BACK TO THE CONSERVATION ADVISORY BOARD UNDER THE TREE CLEARING.

AND I THINK IT TECHNICALLY COUNTS AS LIKE A CLEAR CUT BASED ON THE AREA OF CLEARING THAT YOU HAVE.

AND JUST TO, TO CLARIFY TOO, WE, WE WENT BACK TO THE SITE AGAIN NOW THAT ALL LEAVES ARE FALLEN OFF AND WALKED THROUGH IT AGAIN.

THERE ARE A SUBSTANTIAL AMOUNT OF DEAD TREES ON THE SITE AS A COUPLE OF THE NEIGHBORS, UH, TESTED TO, A LOT OF 'EM HAVE THAT.

UH, THE ASH TREES ARE, ARE, YOU KNOW, NEED TO COME DOWN ANYWAYS.

SO YES, THAT IS A WOODED AREA, BUT A LOT OF THOSE TREES NEED TO COME DOWN ANYWAYS JUST FOR, 'CAUSE THEY'RE DEAD.

SO JUST KEEP THAT IN MIND, I GUESS.

ALRIGHT.

SO I MEAN, I'M, I'M GONNA GUESS THAT WE DON'T WANNA BRING US BACK UNTIL THEY GO IN FRONT OF THE CAB.

IS THAT A FAIR ASSESSMENT? I MEAN, I GUESS I'D WANNA SEE THE DETAILED MITIGATION PROPOSAL.

THE WHAT? THE DETAILED TREE PLANTING MITIGATION PROPOSAL.

LET'S COME UP WITH LIKE WHATEVER YOUR PROPOSED RESPONSE IS, LIKE, WHATEVER THE DETAIL IS.

IF YOU CAN A LITTLE THAT RYAN AND HAVE BEEN INPUT FROM THE CAB ON IT.

WELL, WOULD YOU GUYS BE OKAY WITH US JUST PLANTING MORE TREES ON OUR SITE? I THINK THE PROBLEM IS, IS THAT YOU'RE CONVERTING AN AREA AND REPLANTING OUTSIDE THE AREA IN AN AREA THAT ALREADY HAS SOME VEGETATION

[01:15:01]

ON IT IS PROBABLY NOT SUFFICIENT.

I HAVE TO LOOK BACK AT THE MINUTES.

UM, WE HAD TALKED ABOUT THIS TWO MEETINGS AGO, MAYBE THE BEGINNING OF DECEMBER, THAT NOVEMBER MEETING ABOUT WHAT WOULD BE REQUIRED IF THIS WAS OTHER TYPES OF DEVELOPMENT.

AND I THINK, YOU KNOW, WE'RE TALKING ABOUT QUITE A, QUITE A FEW TREES.

SO I, I MEAN, I WOULD, I WOULD LOVE TO SEE, UH, YOU KNOW, AN ACRE OF, OF TREE PLANTING.

UM, BUT THAT, THAT MAY BE MORE THAN YOU GUYS COULD.

DO YOU, HAVE YOU BEEN ON SITE? I'VE, I'VE DRIVEN IN PAST.

I HAVEN'T WALKED ON THE ACTUAL SITE, BUT I WOULD, WE WOULD LIKE TO SEE SOMETHING.

SO THAT'S WHY I'M ASKING YOU GUYS TO COMPLIMENT.

I REALIZE THAT THAT MAY BE MORE THAN YOU'RE INTERESTED IN DOING, BUT DOING SOMETHING, COMING UP WITH SOME SORT OF A PLAN.

I MEAN THIS IS A, SO WE'VE HAD, WE'VE BEEN MAYBE FIVE OR SIX TIMES AND WE'VE KIND OF DANCED AROUND THIS GENERAL TOPIC AND I THINK, UH, IS IT BETTER TO COMFORT? SURE.

SO I THINK WE'RE TRYING TO FIGURE OUT HOW TO MOVE FORWARD IN, I DON'T KNOW, IN A, UH, IN A KIND OF LIKE A PRODUCTIVE AND EFFECTIVE WAY, RIGHT? SO WE, WE GET LISTS, LITTLE BITS OF INFORMATION AND REQUEST AND A LITTLE BITS OF INFORMATION AND REQUEST.

WE'RE HAPPY TO DO IT.

WELL WE JUST HAVEN'T SEEN A PROPOSAL BACK FROM YOU PROPOSING SOME SORT OF MITIGATION.

SO WE, WE, WE'VE RAISED THIS AS A CURRENT A FEW TIMES AND WE HAVEN'T GOTTEN, WE, WE'VE TALKED ABOUT IT AND ANSWERED IT AND IT WAS KIND OF A, YEAH, WE'RE GOOD.

WE MARKED IT OFF AND THEN WE CAME BACK AND I THINK THIS IS PROBABLY , SO THAT WAS LIKE A CONCEPTUAL, THE IDEA OF CONCEPTUAL PLANTING TREES SOMEWHERE WAS, BUT WE NEED SOMETHING MORE SPECIFIC THAN THAT TO AUTHORIZE.

SO, SO I THINK THERE'S LIKE, THERE'S A COUPLE, THERE'S A COUPLE POINTS OF VIEW.

SO ONE OF THEM IS GONNA BE THAT THIS GENERAL AREA, AND AGAIN, IF, IF YOU HAVEN'T STOPPED TO SEE IT, I, WE CAN SHOW PICTURES, BUT THIS IS NOT A DENSE FOREST.

THIS IS PRETTY MUCH A DEAD AREA THAT WE'RE TRYING TO CLEAN UP AND FIGURE OUT HOW TO USE IN THE BEST POSSIBLE WAY.

SO WHAT WE PROPOSED AND WHAT WE PUT ON THE SITE PLAN IS THAT WE ARE GOING TO DO SOME CLEARING, WE ARE GONNA REMOVE THE DEAD THINGS, BUT WE DID ADD ALL OF THE ADDITIONAL TREES THAT WE WERE GONNA PLANT ON THE SITE SPECIFICALLY TO MAKE SURE THAT WE HAD SCREENING AND THEN REPLACEMENT.

AND WE DID THAT MAYBE TWO SESSIONS AGO OR WHATEVER THAT WAS.

WE KIND OF, WE TALKED THROUGH THAT, WE REVIEWED IT.

YOU THINK YOU SAID YOU WANTED TO TALK TO THE CONSERVATION BOARD IN A LITTLE BIT MORE DETAIL JUST TO GET A LITTLE BIT YEAH.

AND THEY HAVEN'T MET SINCE THEN.

OKAY.

THEY, THEY DID NOT MEET IN SEPARATE MIGHT MIGHT, I JUST, SORRY, JUST JUMP IN AND, AND SUGGEST LIKE PUTTING IT IN.

LIKE JUST WRITE IT UP AND SHOW A PLAN, LIKE SPECIFICALLY ABOUT THE, UM, ABOUT THE TREES AND ANY MITIGATION AND JUST BE VERY, UM, LIKE OUTLINE IT AS A SPECIFIC SUBJECT ITEM INSTEAD OF, YOU KNOW, RELYING ON THE VERBAL CONVERSATION.

SURE, SURE.

I BET THE CONSERVATION ADVISORY BOARD IS ALSO GOING TO ASK FOR SOMETHING LIKE THAT.

GREAT.

SO THAT WOULD BE MY RECOMMENDATION IF YOU ALL AGREE WITH THAT, WOULD BE TO PUT SOMETHING IN WRITING AND SHOW ON A PLAN, HIGHLIGHT WHERE YOU WANNA GO AND, YOU KNOW, CONTINUE TO TRY TO GET IN TOUCH WITH.

THAT'S A GOOD IDEA, I THINK.

AND PART OF WHAT YOU WANT IS, IS WHAT IS THE PATH FORWARD? UM, I THINK WHAT WE'RE GONNA HAVE TO DO, BUT I I DON'T THINK ANYTHING REALLY SUBSTANTIVE IS GONNA HAPPEN TONIGHT WITHOUT THE CONSERVATION ADVISORY BOARD'S INPUT.

RIGHT.

SO I SAID IN THE BEGINNING WE WOULD NEED TO HAVE FOUR PEOPLE, ALL, ALL FOUR OF US WOULD'VE TO SAY, HEY, LET'S DO THIS.

UM, AND I DON'T THINK THAT'S GONNA COME TO FRUITION WITH, WITH WHERE WE ARE WITH THIS.

UM, WHAT WE PROBABLY SHOULD DO IS HAVE YOU COME BACK ON THE 19TH, NOT SO MUCH THAT WE'D BE IN A POSITION TO BE ABLE TO ADDRESS THAT BECAUSE YOU WON'T BE IN FRONT OF THE CONSERVATION ADVISORY BOARD UNTIL THE 20TH.

BUT WE WILL HAVE TWO DIFFERENT PLANNING BOARD MEMBERS THAT THE 19TH MIGHT BE A WAY TO HELP THEM GET UP TO SPEED FOR THE MEETING OF THIS FE FEBRUARY 2ND OR FEBRUARY 16TH WHEN WE MIGHT BE ABLE TO REALISTICALLY ACTUALLY DO SOMETHING.

OKAY.

SO I I THINK THAT'S PROBABLY THE BEST WAY TO, TO DO IT.

UM, IF YOU HAVE, IF YOU GET AHOLD OF UM, PAT RYAN AND CAN COME UP WITH SOME SITES OF THE TREES, THAT'D BE GREAT.

IF NOT, THE LONGER IT GOES AND YOU CAN'T GET AHOLD OF HIM, THE THE LESS LIKELY IT IS THAT HE'S GONNA GET BACK TO YOU.

AND I THINK WE CAN RECOGNIZE THAT.

UM, SO, SO I, I THINK THAT'S WHAT WE SHOULD DO.

YEAH.

THE LAW DOES REQUIRE IDENTIFYING TREES LARGER THAN SIX INCHES.

I I HAVEN'T PERSONALLY WALKED THE SITE, SO I DON'T KNOW.

WE'RE SUPPOSED TO, YOU KNOW, AND MINIMIZING THE LOSS.

SO THAT MIGHT BE SOMETHING YOU WANNA CLARIFY ON THAT PLAN.

I DON'T, ADMITTEDLY I HAVEN'T LOOKED SITTING DOWN FOR THE FIRST TIME ON THIS PROJECT, BUT, UM, MAKING SURE THAT YOU'VE IDENTIFIED ANY OF

[01:20:01]

THOSE IES AND REALLY KIND OF DEVELOPING A, A PLAN SHOWING THAT YOU WOULD, YOU KNOW, ADDRESS THAT THEN.

AND SO THE, WHEN IT COMES TO RECOMMENDATION FROM THE CONSERVATION BOARD, IS THE MITIGATION STRATEGY GONNA BE THEIR SUGGESTION AND THEIR RECOMMENDATION AND THEIR APPROVAL OR I HAVE FEEDBACK.

I DON'T KNOW THEY'RE GONNA RECOMMEND.

I THINK THAT THEY WOULD WANNA COMMENT ON IT.

THE PRELIMINARY COMMENTS WE GOT FROM THE CAB ARE, YOU KNOW, THAT THEY WERE CONCERNED THAT THIS WAS NOT REPURPOSING A COMMERCIAL SITE.

AND WHEN I SPOKE TO MARK ASKING ABOUT HOW TO PROCEED, 'CAUSE I KNOW THERE'S BEEN SOME FRUSTRATION ABOUT MOVING THIS FORWARD ON YOUR END, MARK STILL IS REALLY WONDERING WHY A PROJECT OF THIS SIZE ISN'T BEING CITED ON TOP OF A COMMERCIAL STRUCTURE ON A COMMERCIAL PROPERTY, AN EXISTING DEVELOPED PROPERTY.

I THINK THE OTHER THING I'D LIKE TO SUGGEST FOR OUR NEXT MEETING THAT MAY HELP YOU FEEL LIKE WE HAVE MOMENTUM IS IF WE COULD WALK THROUGH PART TWO, MAYBE SARAH OR DREW OR SOMEBODY CAN PUT TOGETHER PARTS THAT'S RIGHT.

WE TALKED ABOUT THAT AT LAST MEETING.

YEAH.

DO WE TALK ABOUT, I THOUGHT WE TALKED ABOUT THAT FOR DOLLAR GENERAL.

OH, FOR DOLLAR GENERAL.

SO I THINK THAT IF THEY COULD DRAFT PART TWO AND THAT MIGHT BE ALSO A GOOD WAY TO HELP GET THE NEW YEAH.

FOLKS UP TO SPEED AT THE NEXT MEETING.

WE COULD WALK THROUGH PART TWO OF THE FDA, THE ENVIRONMENTAL ASSESSMENT FORM.

IT'S JUST A SECOND STEP AFTER THE NEXT STEP AFTER THE PART ONE.

GOTCHA.

AND BASICALLY WHAT YOU DO IS YOU TAKE ANY OF THOSE ITEMS THAT ARE DEEMED TO BE, UM, YOU KNOW, YOU REALLY KIND OF DIG INTO THE ISSUES A LITTLE BIT MORE AND IDENTIFY WHAT HAS AN IMPACT, GREATER OR LARGE, SMALLER GRADE IMPACT.

UM, ONE, A COUPLE OF POINTS I JUST WANTED TO MAKE.

THE CONSERVATION ADVISORY BOARD JUST REC, THEY'RE JUST GOING TO RECOMMEND, SO WHATEVER THEY MAKE, THEY'LL MAKE A RECOMMENDATION BACK AND THEN THE PLANNING BOARD WOULD ULTIMATELY VOTE ON THE MATTER.

SO YOU WOULD BE BACK IN FRONT THE PLANNING BOARD AFTER CONSERVATION ADVISORY BOARD.

OKAY.

RIGHT.

AND, AND I JUST, I, I WOULDN'T EVEN IF, EVEN IF WE ALREADY HAD THE CONSERVATION ADVISORY BOARD INPUT, I DON'T THINK I WOULD SCHEDULE THIS FOR A VOTE ON THE 19TH BECAUSE WE'RE GONNA HAVE TWO PEOPLE VOTING ON IT.

WE JUST SEE IT THE FIRST TIME.

SURE.

AND THIS IS THE FIRST SOLO PROJECT WE HAVE.

AND YOU, YOU'VE GONE THROUGH A LOT OF THIS STUFF.

I JUST DON'T THINK IT'S FAIR TO THESE PEOPLE.

WE DON'T EVEN KNOW YET TO PUT THEM IN THAT POSITION.

SO I THINK, I THINK WE'RE LOOKING AT SECOND OF THE 16TH OF FEBRUARY.

OKAY.

SO WOULD IT MAKE SENSE FOR US TO JUST COME TO THE FEBRUARY 2ND MEETING? WAIT TILL WE GET THE, THE, THE NOTES FROM THE CONSERVATION ADVISORY BOARD.

SO WE'LL SEE.

I, I DON'T KNOW THAT YOU HAVE TO HAVE EVERYBODY HERE ON THE 19TH, BUT LIKE I SAID, PART OF PART OF MY GOAL ON THE 19TH WOULD BE TO HAVE THE TWO PEOPLE THAT WE DON'T KNOW WHO THEY ARE, GET SOME BACKGROUND ON THIS BEFORE WE ASK THEM TO VOTE AND THEN THEY HAVE THE ABILITY TO ASK YOU SOME QUESTIONS AHEAD OF WHEN IT MOVES FORWARD IF THEY NEED INFORMATION OR BETTER UNDERSTAND WHAT YOU'RE, SO, SO MAYBE INSTEAD OF HAVING THE WHOLE TEAM, YOU JUST HAVE ONE PERSON COME.

YEAH.

SHOULD WE BRING THE DECK, THE PRESENTATION? NO, YOU SHOULD HAVE LIKE A, LIKE AN ELECTRONIC COPY THAT YOU CAN GIVE TO THEM.

SURE.

SO THEY CAN GET THAT.

IF YOU CAN FORWARD THAT PRESENTATION TO SARAH, SHE CAN MAKE SURE THAT IT GETS SENT TO THE NEW MEMBER.

I THINK, I THINK THEY HAVE IT.

WE DID SEND IT AFTER THE AFTER.

YEAH.

BUT IF YOU COULD REMIND HER THE REORG MEETINGS MONDAY.

LET ME REMINDING HER NOW.

YEAH.

SO SHE'LL, SHE'LL SHE'LL GET THE MINUTES AND SHE'LL DO THAT.

YEAH.

YEAH.

PERFECT.

SO, SO THEY'LL HAVE THAT.

OKAY.

IT'S JUST, YEAH, WITH THIS TYPE OF PROJECT, I, I DON'T WANNA DO IT WITH THE NEXT MEETING.

YEAH.

SO, ALRIGHT.

THAT'S FAIR.

AND THEN, SO WE DO THE NIGHT.

SO WE'LL, WE'LL PUT TOGETHER SOME INFORMATION THIS WEEK ON EXACTLY WHAT YOU SUGGESTED.

THANK YOU FOR THAT.

AND THEN WE'LL GET IT, WE'LL PUT IT, WE'LL SEND IT TO THE GROUP.

WE'LL COME ON THE 19TH, WE'LL TALK ABOUT IT.

WE'LL GIVE, RIGHT.

BUT YOU DON'T HAVE LIKE A LIGHT PRESENTATION, YOU JUST ONE PERSON ON THE 19TH AND PERFECT.

SO YOU DON'T ALL HAVE TO COME AND SIT THROUGH IT.

YEAH.

BECAUSE WE'RE NOT GONNA REALLY BE TO ACCOMPLISH ANYTHING EITHER, I DON'T THINK.

BECAUSE YOU'VE GOT THE FOUNDATION WHERE CLIENT, UM OKAY.

AND THEN, AND SO THEN THE, THAT F FIRST WEEK IN FEBRUARY OR WHATEVER THE TIMEFRAME IS FOR THAT, THAT WOULD BE OUR GENERAL, WE'D BE ABLE TO MAKE A DECISION ON THAT.

WE'LL, WE'LL HAVE INFORMATION IN, I'M, I'M THINKING, I'M THINKING ONE OF THE FEBRUARY MEETINGS.

SO I THINK THAT AT THE NEXT MEETING, IF WE WALK THROUGH PART TWO WE WOULD, IF THERE ARE ANY REMAINING DATA GAPS THAT WE NEED IN ORDER TO FINISH PART TWO AND PREPARE PART THREE, WE WOULD BE ABLE TO IDENTIFY THOSE FOR YOU THEN AND YOU COULD BRING THEM TO PRESS FORWARD FORWARD FROM THERE.

SO I THINK BETWEEN THAT AND WHAT THE CAB RECOMMENDS AND YOUR RATE OF PLAN, THAT SHOULD HOPEFULLY PROVIDE THE INFORMATION.

I AGREE WITH BILL'S TIMETABLE ASSESSMENT.

YEAH.

DEPENDING, DEPENDING ON WHAT IT IS WOULD DEPEND ON WHETHER WE'RE COMFORTABLE SAYING PREPARE RESOLUTIONS FOR THE SECOND OR OR WORST CASE SCENARIO ON THE MEETING OF THE SECOND WE'LL HAVE RESOLUTIONS PREPARED FOR THE 16TH.

OKAY.

AND I GUESS IT ALSO DEPENDS IF THERE'S TWO PEOPLE

[01:25:01]

THAT HAVE OTHER QUESTIONS OR CONCERNS.

OKAY.

THANK YOU VERY MUCH.

THAT'S UH, I GUESS, UH, UNDERSTANDING STEPS IS SUPER HELPFUL FOR US.

PLAN FOR IT.

I THINK THAT'S ALRIGHT.

VERY GOOD.

THANK YOU.

HAPPY NEW YEAR.

THANK YOU.

HAPPY NEW YEAR.

THANK YOU FOR COMING.

OKAY, SO I'M GONNA MAKE MOTION TO TABLE BUFFALO SOLAR TO JANUARY 19TH.

MOTION BY MR. CLARK SECOND MAHONEY.

ALL IN FAVOR? AYE.

AYE.

AYE.

MOTION CARRIED.

LAST ITEM OF THE AGENDA IS THETO DEVELOPMENT REQUESTING STEPS PLAN DIRECTION ON A PROPOSAL TO CONSTRUCT 98 TOWN HOMES ON VACANT LAND WEST OF BRIAR SHIP DRIVE.

GOOD EVENING.

ONCE AGAIN.

SEAN HOPKINS WHO OFFER OF HOPKINS GEORGIA MCCARTHY ON BEHALF OF APPLICANT THETO DEVELOPMENT LLC.

ALSO WITH ME IS CHRIS WOODS, THE PROJECT ENGINEER.

ONE MORE.

AS YOU RECALL, WE PRESENTED THIS PROJECT TO YOU LAST DURING YOUR MEETING ON DECEMBER 15TH.

YOU PROVIDED US WITH SOME INPUT.

WE DECIDED IT WAS PROBABLY BEST TO GO BACK TO THE DRAWING BOARD ONE MORE TIME AND UPDATE THE PLANS BEFORE CHRIS PROCEEDED WITH THE PREPARATION OF FULLY ENGINEERED PLANS THAT'LL NEED TO ACCOMPANY A SITE POINT APPLICATION.

SO IN TERMS OF WHAT'S HAPPENED SINCE THAT DECEMBER 15TH MEETING IS FIRST AND FOREMOST WE DID RECEIVE A NO IMPACT DETERMINATION LETTER FROM THE NEW YORK STATE OFFICE OF PARKS RECREATION, HISTORIC PRESERVATION.

DANIEL MCCANN.

DECEMBER 21ST RECEIVED A LETTER FROM GARRETT HACKER OF THE ERIE COUNTY DEPARTMENT OF PUBLIC WORKS DATED DECEMBER 29TH.

I INDICATING THEY HAD NO CONCERNS RELATIVE TO TRAFFIC OR THE TRAFFIC IMPACT STUDY PREPARED BY SR ASSOCIATES.

ONE OF THE OTHER FOLLOW-UP ITEMS WAS TO TRY AND CONTACT THE TRANSPORTATION COORDINATOR FOR THE SCHOOL DISTRICT.

CHRIS HAS REACHED OUT TO THEM A COUPLE OF TIMES UNSUCCESSFULLY, SO THAT'S STILL IN PROGRESS, BUT WE'LL REACH OUT TO THEM AS WE MOVE FORWARD.

WE ALSO DID SUBMIT AN UPDATED PLAN THAT WE BELIEVE IS, INCORPORATES THE INPUT WE RECEIVED DECEMBER DURING DECEMBER 15TH.

FIRST CHANGE IS WE ADDED A RECREATION AREA BACK HERE NEAR THE STORE, MODERN MANAGEMENT AREA.

NUMBER TWO, WE ADDED SIDEWALKS TO THE DRIVEWAYS OUT TO BRIAR CLIFF HERE.

HERE WE HAVE REMOVED THE BURNS.

WE AGREED WITH CAITLIN'S COMMENT THAT THE BURNS ARE PROBABLY WORTH MORE PROBLEMS THAN THEY ARE AND THAT WOULD BE BETTER TO SUPPLEMENT WITH .

SO WE'VE SHOWN THAT AND THEN CHRIS HAS MADE SOME MINOR ADJUSTMENTS TO THE SETBACKS TO THE BUILDINGS BASED ON OUR USE OF THE TOWN.

HOME REGULATIONS IS A GUIDE.

I WOULD NOTE OF COURSE THAT GIVEN THAT THIS SITE IS PUD, THOSE REGULATIONS AND SETBACKS SET FORTH IN 2 82 83 OF THE CO I DON'T THINK ARE BINDING, BUT THEY ARE A USEFUL GUIDE.

I DON'T KNOW, CHRIS, IF YOU WANNA POINT OUT WHAT YOU CHANGED IN TERMS OF THAT.

I ONLY CHANGED ONE, THE, THE FRONT SETBACKS SUPPOSED TO BE 35 FEET.

SO I MOVED THIS BUILDING SO IT'S 35 FEET OFF SILVER BANK BECAUSE THAT'S TECHNICALLY A FRONT YARD.

AND THEN WHAT ABOUT, DID YOU CHANGE THIS CORNER WHERE THE, THIS IS STILL ONLY 15 FEET TO THE BACK OF THE BUILDING RIGHT OVER HERE.

RIGHT.

THAT'S SIDE YARD.

WE NEED TO BE.

OKAY, WELL THAT'S A NICE, THE ENGINEERING DEPARTMENT BACKYARD, BACKYARD BACK BACKYARD IS 30.

OUR ONLY REAR YARD, GIVEN THAT THIS IS A BRIAR CLIFF ADDRESS, REAR YARD WOULD BE ALONG THE RAILROAD TRACKS AND 30 FEET IS REQUIRED THERE.

WE ACTUALLY HAVE 50.

OH RIGHT.

BECAUSE IT'S NOT EACH INDIVIDUAL.

RIGHT.

WE'RE ALSO TREATING CLOVER BANK AS FRONT YARD SETBACK.

RIGHT.

BECAUSE IT'S A, IT'S EVEN THOUGH IT'S THE REAR BECAUSE IT'S, AGAIN, IT'S A STREET.

SO WE'RE, SORRY, JUST TO MAKE SURE I UNDERSTAND THIS.

SURE.

WE'RE COUNTING THE PARALLEL TO THE RAILROAD AS REAR.

YES.

WE'RE COUNTING CLOVER BANK AS FRONT YARD.

RIGHT.

AND YOU ARE COUNTING EVERYTHING ELSE IS SIDE HERE BECAUSE WE HAVE NO STRUCTURES UP ALONG THERE.

WOULD, THERE WOULD BE FRONT YARD TECHNICALLY HERE AND HERE, BUT WE DON'T HAVE, JUST LOOK AT IT AS A, JUST LOOK AT IT AS A RECTANGLE, YOUR RECTANGULAR PIECE OF PROPERTY.

YOU KNOW, TAKE OUT ALL THE ANGLES AND EVERYTHING.

I KNOW, BUT WE GOT THE FRONT AND THE BACK NEXT TO EACH OTHER.

WELL IT'S ALMOST LIKE A CORNER LOT.

RIGHT? RIGHT.

I GOT TWO FRONT YARDS.

RIGHT.

YEAH.

WE GOT TWO GRAND YARDS BANK.

I DO HAVE TWO YARDS.

YEAH.

SO, UM, I DON'T REALLY LIKE HOW CLOSE THIS GETS TO PEOPLE'S PROPERTIES AT THIS CORNER WHERE IT'S ONLY 15 AND 25 FEET AWAY.

ARE YOU SAYING HERE, THERE, THERE, I MEAN I'LL JUST BE, I'M BE CANDID.

I THINK THAT THAT GETS, ESPECIALLY ONCE YOU HAVE THE LANDSCAPE AND THE DISTANCE BETWEEN THE BUILDING AND THE LANDSCAPING ISN'T VERY BIG AND I THINK IT GETS REALLY CLOSE TO THOSE RESIDENTIAL PROPERTIES OVER THERE.

AND I RECOGNIZE THAT YOU WOULD WANNA COUNT THIS AS A SIDE SIDE.

I WOULD WANNA LOOK AT IT MORE OF A BACKYARD IN TERMS OF SETBACKS.

AND I THINK MOST, IN MOST CASES YOU ALREADY NEED A 30 FOOT SETBACK.

BUT THERE

[01:30:01]

ARE SOME OF THESE THAT DON'T WE COMPROMISE IN 25.

YEAH.

25 SEEMS LIKE A PRETTY REASON.

THAT'S WHAT I WAS GONNA SAY AS WELL BECAUSE IT, IT'S DEFINITELY NOT A REAR SETBACK.

YOUR POINTS WON'T TAKEN IT, BUT I MEAN IT JUST, IT, THIS UNIT IN PARTICULAR AT THIS SIDE GETS REALLY CLOSE.

RIGHT.

IF WE CLIP OFF A UNIT THERE, IT WOULD BE CLOSE TO 25 BECAUSE IT'D BE, YOU KNOW, IF IT CLIPPED OFF THAT END UNIT.

AND THEN THE OTHER ONE THAT'S OF CONCERN IS THIS OTHER ONE GETS THE TWO THAT ARE RIGHT OFF THE OTHER DRIVEWAY.

THERE'S ANOTHER ONE THAT'S THE SIDE OF THE BUILDING IS LIKE 15 FEET FROM THE BACK OF 51 60 BRIAR CLIFF DRIVE.

THAT ONE ALSO GETS CLOSE.

I CAN, I CAN TAKE THE, WHICH ONE? THIS TWO, THIS TWO UNIT BUILDING.

I CAN, I CAN SLIDE THAT THIS WAY I CAN GO DOWN TO 20 FEET.

SO WE'RE, WE'RE TALKING ABOUT MOVING THE 15, INCREASING THOSE TWO 15 FEET SPOTS TO 25.

IS THAT WHAT CORRECT.

RIGHT.

THE NEXT I'LL NUMBER THE BUILDING DOWN THE NEXT ONE THEN WE'LL SEE.

THEY'RE CLOSEST TO THE PROPERTY LINES YOU'RE TALKING.

YEAH.

RIGHT.

YEAH.

25 FEET.

YEAH.

IN THOSE.

OKAY.

IN THOSE INSTANCES WHERE IT'S 15 FEET INCREASE ON THE 25.

OKAY.

RIGHT, RIGHT.

ENGINEERING COMMENT WAS AT LEAST 20.

OKAY.

WE DIDN'T SEE THAT COMMENT.

SO 30, 25 IN THE MIDDLE IT WAS DECEMBER 21ST, SO YEAH, WE DON'T HAVE IT.

OKAY.

SOMEONE COULD FORWARD THAT.

I DON'T THINK WE GOT ANY.

NO WE DIDN'T.

NO.

YOU TALKED TO SARAH.

SHE CAN PROBABLY GET TWO 20.

OKAY.

SARAH, SHE'LL FORWARD TO US.

YEP.

WELL I'LL READ 'EM.

SO WE WOULD RECOMMEND CONSIDERATION.

OH IT GOT TOO SMALL HERE.

CONSIDERATION BE GIVEN TO MEET 20 FEET SETBACK BETWEEN PROPOSED TOWNHOUSES AND THE EXISTING ADJACENT LOTS.

TWO PLANNING BOARD SHOULD CONSIDER THE ADDITIONAL SIDEWALKS WITHIN THE DEVELOPMENT THAT CONNECTS TO THE ADJACENT PUBLIC ROAD.

THAT'S, WE DID KNOW PUT THOSE IN THERE ALREADY AND THEN, AND YOU JUST OKAY.

CHANGE THOSE.

SO THOSE, THOSE WERE THE TWO COMMENTS AND, AND WHAT WE'RE SAYING IS WE'LL GO BEYOND THE 20 FEET.

WE'LL GO TO, SO WHEN YOU JUST SAID CLOVER BANK, I'M SORRY, JUST TO BACK UP A LITTLE BIT BECAUSE NOW THAT WAS FROM, ORIGINALLY YOU HAD ORIGINAL PLAN WAS THE POD THAT, SO THE ACCESS WOULD BE OFF OF BRIAR BRIAR CLINIC, CORRECT? IT IS.

WE'RE STILL, IT IS OFF BRIAR.

IT STILL IS.

OKAY.

RIGHT, BECAUSE REMEMBER THIS PART OF CLOVER BANK IS THE ONE THAT HAS THE PILE ON.

YES.

IN THE MIDDLE.

OKAY.

GO THERE.

YOU ASKED US TO LOOK AT THAT AS A ROADWAY ACCESS AND WE DID LOOK AT IT, OUR TRAFFIC.

THAT WAS THE ORIGINAL WHEN YOU FIRST DISCUSSED? NO, WE NEVER SHOWED IT BACK IN THE ORIGINAL PUD BACK WAY BACK WHEN IT HAD A DRIVEWAY GOING ON.

CORRECT.

OKAY.

HAVE YOU GUYS DONE ANY VISUALIZATIONS OF WHAT OTHER THAN THE O OTHER, OTHER THAN THE ELEVATION OF WHAT THIS MIGHT LIKE LOOK LIKE FROM THE OTHER, FROM THE SURROUNDING RESIDENTS? NOT YET.

WE'RE STILL AT THREE.

YEAH.

COULD YOU CONSIDER THAT FOR FUTURE SO WE CAN CONSIDER AS WE GO FORWARD? WHAT ARE THE OTHER QUESTIONS WE'LL ASK ME? WE GUYS ABOUT THE SCHOOL BUS, RIGHT? CHRIS? CHRIS HAS LEFT MESSAGE.

I CALLED TWICE AND I DUNNO IF NOBODY ANSWERS THE PHONE.

THEY HAVEN'T GOT AN ANSWER YET.

TOMORROW'S PROBABLY NOT A GOOD DAY TO CALL, BUT I'LL TRY CALL HIM, RIGHT? YEAH.

THEY'RE CLOSE TOMORROW.

WE WON'T, WE'LL WE'LL FIGURE THAT OUT.

YEAH.

YOU SAID THIS, THIS IS VERY SIMILAR TO UH, ARCHER OR ARTHUR.

ARTHUR.

THE BUILDINGS THEMSELVES.

THE BUILDINGS SIMILAR TO ARTHUR COURT? CORRECT.

OKAY.

HOW MUCH TALLER WILL THESE BE THAN THE, UH, EXISTING RESIDENCE? IT, IT IS NO TALLER THAN THE TWO STORY HOUSE.

OKAY.

YEAH, THERE'S, THERE'S SIMILAR STRUCTURES ON ARTHUR COURT, WHICH IS ACTUALLY SHORT AND THE SPACING ON ARTHUR COURT IS SIMILAR.

IT IS 20 FEET BETWEEN THE BUILDINGS.

I TOOK YOUR ADVICE.

THEY'RE PRETTY NICE, RIGHT? YEAH.

YEAH.

SO I GUESS SUBJECT TO THAT CHANGE, WHAT WE'RE LOOKING FOR IS, DO WE HAVE A CONSENSUS? AND AGAIN, DON'T HAVE TO BE A HEARING IN THE WHOLE, THE WHOLE REVIEW PROCESS.

WE'D LIKE TO START PROCEEDING WITH THE ENGINEERING AND THAT'S WHY WE ASKED TO COME BACK BEFORE WE DID THAT.

SO WE COULD SHOW YOU THESE CHANGES AGAIN WITH THOSE TWO ADDITIONAL CHANGES.

MAKE THE MINIMUM SETBACK FROM THE ADJOINING LOT 25 FEET.

THAT'S A REASONABLE.

CAN YOU REMIND ME HOW MANY UNITS THIS NINE'S? UH, 98, BUT WE'RE GONNA LOSE ONE ON THIS END UNIT PROBABLY HERE.

97.

SO YOU HAVE A SMALL RECREATION AREA OVER HERE.

DO YOU KNOW WHAT YOU'RE THINKING ABOUT PUTTING IN FOR THAT RECREATION AREA? IT'D BE SOME TYPE OF PLAYGROUND OR SOMETHING.

PROBABLY.

DO YOU? WE'RE OPEN TO IT, YEAH.

OKAY.

WELL AND I THINK THEN THAT'S PROBABLY A GOOD SPOT FOR, FOR PLAYGROUND AREAS OVER HERE.

MM-HMM .

THERE'S ANOTHER POCKET OF MORE GREEN SPACE OVER IN THE FRONT CORNER TOWARDS CLOVER BANK.

IS THERE ANY WAY TO ADD, ARE YOU SAYING HERE SOME SORT OF EITHER RECREATIONAL OR LANDSCAPING OR SOME SORT OF SOMETHING IN THAT VICINITY TO ENHANCE IT? SURE.

SOME LANDSCAPE.

I THINK WE DON'T, WE WOULDN'T WANNA HAVE A RECREATION AREA.

PROBABLY THAT CLOSE TO RAILROAD TRACKS ON THE ROAD ROAD JUST IN CASE IT TRACKS KIDS COMMUNITY GARDEN.

WELL, COMMUNITY GUARD.

[01:35:01]

YEAH WE CAN YOU JUST HAVE TO BE HERE, HAVE TO SAY IT , BUT SOME SORT OF SOMETHING.

UM, ARE WE THINKING ABOUT FENCING ANYWHERE THE, THE RESIDENTS THAT THIS BACKS UP TO? PROBABLY LIKE A FENCE.

AND ESPECIALLY IF YOU'RE GONNA ADD SOME MORE RECREATION AREAS IN THAT, THAT AREA CALIN WAS TALKING ABOUT.

YOU MIGHT WANT A FENCE BETWEEN THAT AND THE RAILROAD TRACKS.

WELL I DON'T THINK WE WANT TO PUT AN ACTIVE RECREATION THERE.

PUT ACTIVE, I MEAN, I GUESS WHAT I WOULD SAY CHAIRMAN CLARK IS LET'S WAIT AND SEE WHAT THE NEIGHBORS, WHAT THEIR INPUT IS ON, YOU KNOW, SCREENING.

ON SCREENING.

YEAH.

BECAUSE IT'S HARD TO GET A CONSENSUS ON THAT WITHOUT HEARING WHAT THEY HAVE TO SAY.

KNOW SOME OF THE NEIGHBORS ARE THERE.

SO COMMENT LINE .

I THINK SEEING UH, YOU KNOW, OBVIOUSLY AS YOU GET FORWARD WITH ENGINEERING, SEEING THE FI FINISH FLOOR ELEVATIONS ON THESE AND YOU KNOW, IN COMPARISON TO WHAT THE FINISHED FLOOR ELEVATIONS ARE ON THE EXISTING, WE'LL WE'LL HAVE 'EM FOR OURS.

I DON'T KNOW WHAT THEY'RE FINISHED.

SO WE CAN EXTRAPOLATE FROM LIKE IN LIKE SOME OF THE EXISTING TOPO, BUT WE'LL KNOW THE GREATEST PROPERTY LINE.

YEAH.

COMPARED TO SPRING.

WE'RE NOT GONNA JACK AWAY FROM HERE.

THE QUESTION IS, ARE THOSE CHANGES ENOUGH TO GO FORWARD WITH ENGINEERS? DO WE, DO WE HAVE A CHECKLIST YET FOR THE, I KNOW THAT DREW HAD TALKED ABOUT THIS OR, OR SHARE.

WE DON'T HAVE A, THERE'S AN EXISTING EIS THAT WAS DONE FOR THE BROADER DEVELOPMENT THERE IS.

RIGHT.

DO WE HAVE A CHECKLIST FOR WHAT COMPLIANCE WITH THAT? BECAUSE OUR, OUR OPTIONS ON THIS, IF I'M REMEMBERING CORRECTLY BEFORE THE, THE NO MAN'S LAND OF HOLIDAY TIME IS WE CAN EITHER EX FIND IT CONCURRENT WITH THOSE FINDINGS OF THE ORIGINAL EIS.

WE CAN DO AN ADDENDUM OR A SUPPLEMENT TO THAT EIS WE COULD FOR SOME REASON WE CAN ISSUE A NEGATIVE DECLARATION EVEN IF THERE'S CHANGES IF THEY'RE NOT POTENTIALLY SIGNIFICANT OR WE COULD REQUIRE US ANOTHER EISA SUPPLEMENT.

YEAH, YOU WOULDN'T .

I KNOW YOU DON'T WANT THAT ONE.

YOU SAID THAT BEFORE.

I KNOW.

SO THIS IS SOMETHING WE, WE DO HAVE TO TAKE A LOOK AT THAT AND DEVELOP A CHECKLIST.

BUT WE ALSO, THERE WAS UM, A STUDY THAT WAS PREVIOUSLY DONE ABOUT ASSESSING THE OPEN SPACE IN THE OVERALL PUD AND WE WOULD NEED TO CONFIRM THAT THE OPEN SPACE REQUIREMENTS WERE MET ALREADY OR WILL BE MET WITH THIS ADDITIONAL AREA FOR THE PD.

SO THAT'S PART OF THE CHECKLIST PROCESS THAT WE DO NEED TO GO THROUGH.

IF YOU GUYS CAN PROVIDE HERE, I MEAN I'M ASSUMING SOMEBODY YOU'RE TALKING ABOUT FOR THE OVERALL, FOR OVERALL P THE WHOLE, YEAH, THE OVERALL PD THERE WAS A PREVIOUS STUDY DONE.

IT'D BE HELPFUL IF WE GET THE CHECKLIST AND WE'LL PROVIDE ANSWERS.

YEAH.

WE NEED, WE NEED TO DIG UP THE OVERALL STUDY THAT WAS DONE OR ASSESSMENT THAT WAS DONE FOR THE ENTIRE PUD.

YES.

I THINK DREW HAS IT SOME YES, EXACTLY.

SO DREW CAN FIND IF, IF YOU, AND BETWEEN YOU AND DREW, IF YOU GUYS CAN PULL TOGETHER THE, THE CHECKLIST THEN AND THEN SHARE WITH US.

YEP.

WE ALSO HAVE TO DIG UP THE FINDINGS STUFF AND THERE'S, THERE'S STILL, WE HAVE THAT GROUND, WE HAVE THE FINDING THINK WE FINDING EXACTLY SARAH PULLED THROUGH THIS LIKE SEVEN SHE DID.

WE HAVE THE FINDINGS.

WE HAVE THE FINDINGS.

YEAH.

UM, AND WE CAN DO A CHECKLIST BASED ON ALL OF THAT.

SO IS IT THE CHECKLIST SIMILAR TO THE, THE STREET PERMITTED, YOU KNOW, IF YOU GUYS HAVE PRE PERMITTED LIKE THE AMAZON ONE THAT HAD CHECKLIST, I THINK IT WOULD BE SIMILAR TO UH, KIND OF WHAT HAPPENED WITH THE UH, THE ROYAL CAR WASH IN THAT UH MM-HMM THAT UH, AND THAT FINDING STATEMENT THAT THAT PARKED AND ONE ON THE ONE ON RILEY BOULEVARD TOO.

BECAUSE IT WAS THE TWO, IT WAS THE RIGHT, THERE WERE TWO YOU HAD RIGHT? YEAH.

MM-HMM .

RIGHT.

BUT BUT THO I THINK AROUND THE TIME THAT THAT WAS DONE IS PROBABLY CLOSER TO THE TIME THIS WAS DONE.

THIS WAS DONE BEFORE THAT.

BUT THOSE CHECKLISTS WOULD BE IN THE SAME THING.

YEAH.

SO I DUNNO IF THEY'VE BEEN CREATED OR NOT.

IT HAS NOT BEEN.

WE CAN GO THROUGH AND DO, WE'LL MAKE SURE THAT IS CREATED.

UM, BUT YEAH, IT'LL BASICALLY JUST OUTLINE ALL OF THE ITEMS THAT YOU KNOW, YOU'D NEED TO MEET BASED ON THE P AND D FINDING STATEMENT AND JUST A SUMMARY TO THE BOARD TO BE ABLE TO GO THROUGH AND OKAY.

YEAH, THAT WOULD BE HELPFUL.

SO THE QUESTION IS GO FORWARD AND THIS, DO WE WANT TO MAKE SURE THAT WE DON'T NEED, I THINK ON THIS ONE CONCERN IS THAT THE CHANGE, THE PLAN WOULD CHANGE A LOT, RIGHT? IF I DO THE ENGINEERING AND THE PLAN CHANGES A LOT.

YEAH, THAT'S A BIG DEAL.

IF WE'RE GONNA REMOVE A UNIT HERE AND THERE THAT'S NOT THAT BIG A DEAL.

OR SEVEN BUILDINGS YOU MEAN? YEAH.

OH YEAH.

THEY'LL MAKE THE ENGINEERING WAY EASIER RID OF THIS WHOLE ROLE THAT WE WON'T, WE NEED IT LANDSCAPING.

[01:40:05]

WE, WE CAN PULL TOGETHER THE CHECKLIST PRETTY QUICKLY.

WE'LL GET THAT TAKEN CARE OF AND THEN GET THAT OUT TO EVERYBODY.

ALRIGHT.

SO SINCE THE QUESTION WOULD BE IF THE CHECKLIST WOULD SIGNIFICANTLY IMPACT THE ENGINEERING, THEN I THINK WE GOTTA DO THE CHECKLIST FIRST.

LET'S DO THE CHECKLIST.

YEAH, LET'S GET THE CHECKLIST FIRST.

RIGHT.

ALRIGHT, YOU MAKING SEAN, DO YOU THINK WE CAN DO IT? TALK ABOUT THAT SEVEN BUILDINGS? NO.

DO YOU THINK WE CAN DO IT? UH, SO WE HAVE THE CHECKLIST AND BE ABLE TO JUST, I WOULD RATHER GO THROUGH THAT AND THEN IF WE HAVE OTHER CONCERNS BASED ON THE OVERALL BUILD OUT, WE NEED TO, SO CAN WE JUST TABLE THIS FOR TWO WEEKS THEN HOPEFULLY WE HAVE THE CHECKLIST IN TWO WEEKS THEN WILL ALLOW US TO CONTINUE THAT DISCUSSION.

YEAH.

AND LYNN, IF IT'S DONE SOMETHING BEFORE, JUST BEFORE THEN WE CAN LOOK AT, WE CAN COME HERE NOW.

PRODUCTIVE DISCUSSION.

ABSOLUTELY.

YEP.

I MEAN BECAUSE THIS IS, UM, THE CHALLENGE IS, IS WE HAVE NO IDEA RIGHT NOW WHAT THE GREEN SPACE WAS.

AND IT'S ENTIRELY POSSIBLE THAT DEPENDING ON THE OPEN SPACE REQUIREMENTS, YOU WOULD EITHER NEED TO REMOVE A SUBSTANTIAL PORTION OF THIS OR RE-ENGINEER THIS AND UNLIKELY UNTIL WE SEE THE CHECKLIST, WE'LL TAKE A LOOK AT THAT CHECKLIST AND THEN GOLF COURSE.

WE'LL AND WE'LL DIG UP THAT REPORT THAT OR THE ASSESSMENT THAT WAS DONE IN THE OPEN SPACE.

I MEAN UNLESS THE OPEN SPACE REQUIREMENTS LIKE 78%.

AND THEN WHAT COUNTS AS OPEN SPACE BASED ON THAT.

BECAUSE THAT'S ALSO I THINK BEEN A TOPIC OVER THE LAST YEAR IS WE, THIS BOARD'S BEEN PUSHING FOR NOT COMING STORMWATER AS OPEN SPACE EVEN THOUGH IT'S NOT BUILDING SPACE.

AND I GUESS WHAT, WHAT THEY DECIDED IN THE EIS WAS OPEN SPACE AND WHAT CONTRIBUTED TO IT AND IF IT WAS, THERE'S A DIFFERENCE BETWEEN RECREATION SPACE, I WOULD GUESS IF GUESS BASED ON THE AGE OF IT'S A VERY BROAD RIGHT.

BASED ON OF IT, IT'S NOT GONNA BE PARKING LOTS ARE OPEN SPACE.

YEAH, I'M SURE IT'S A VERY BROAD DEFINITION BASED ON WATER REQUIREMENTS BACK THEN.

RIGHT? IF YOU LOOK BACK AT THOSE DOCUMENTS, REMEMBER WE'VE LOOKED AT SOME OF THE DOCUMENTS PREVIOUSLY.

THEY'RE NOT PRECISE.

THEY'RE, YEAH.

AND I DO BELIEVE THAT THERE ARE DRAFT STORMWATER RIGHTS COMING OUT FROM DEC LATER THIS MONTH.

THAT'S GOOD.

TERRIBLE.

I WOULDN'T HOLD A BREATH, BUT THERE'S GONNA BE SOME.

I DON'T, I DON'T KNOW WHAT THEY'LL BE, BUT I DO KNOW THAT ONE OF THE ORGANIZATIONS I'M IN THERE WERE TALKING ABOUT HAVING DEC PRESENT THOSE.

WHAT'S FASCINATING IS NEW DEC STORM WATER REGULATIONS ARE, I'M GONNA MAKE A MOTION TABLE DATA DEVELOPMENT TO JANUARY 19TH.

SECOND CLARK.

SECOND CHAPMAN.

ALL IN FAVOR? AYE.

AYE.

THANK YOU.

SEE YOU IN TWO WEEKS.

SO THAT'S THE LAST ITEM ON OUR AGENDA.

SINCE OUR LAST MEETING WE DID GET ANOTHER DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR THE DOLLAR GENERAL IN LAKEVIEW.

AND WE'LL NEED TO VOTE ON THAT ON JANUARY 19TH.

VOTE WE'LL HAVE TO OKAY.

BECAUSE OF THE DEADLINE, WE'LL HAVE TO VOTE ON THAT DAY.

OKAY.

SO I MEAN MAYBE THE NEW MEMBERS.

SO AFTER ONE DAY WE CAN HAVE SARAH REACH OUT TO THE NEW MEMBERS KNOW THAT WE'RE GONNA HAVE VOTE ON.

SHALL I MAKE A MOTION TO APPROVE THE MINUTES FOR THE DECEMBER 15TH MEETING? I'LL SECOND THAT.

MOTION.

MOTION MCCORMICK.

SECOND.

UH, MR. CHAPMAN? ALL IN FAVOR? AYE.

NOW WE WHAT? NOW WE GOTTA WORK FOR DOUG.

YOU CAN'T ADJOURN WITHOUT.

I MAKE A MOTION TO ADJOURN THE MEETING.

MOTION BY MR. I SECOND BY MR. MAHONEY.

ALL IN FAVOR? AYE.

AYE.

1, 2, 3.