Link


Social

Embed


Download Transcript


[00:09:03]

DO

[00:09:04]

YOU ALL OVER THERE OR DO YOU WANT ME TO COME SIT BY YOU? NO, I'M FINE.

DOOR.

OH, THERE YOU GO.

THANK, THERE'S, WE'LL GO TO THAT CHAIR AND, AND BE SYMMETRICAL WITH DENNIS.

IF, IF THAT WOULD BE MORE, YOU'D LIKE THAT.

BUT IF YOU DON'T WANT DOWN, NO, YOU DON'T TO OUT, NO.

SIT WHEREVER YOU WANT AT THIS U .

YEAH, JEN.

GOOD MORNING.

YOU CAN DO THAT.

ALRIGHT, IT'S SIX 30.

WE GOT A LOT OF STUFF.

SO LET'S GET STARTED.

FIRST ITEM ON OUR WORK SESSION IS VENDORS AND DEVELOPMENT VENDORS AND DEVELOPMENT REQUESTING

[00:10:01]

SITE PLAN DIRECTION ON A PROPOSAL TO DEMOLISH THE EXISTING VACANT BANK OF AMERICA AND CONSTRUCT A NEW 6,998 SQUARE FOOT BUILDING AT THREE THREE AT 5 3 3 4 AND 5 3 4 0 SOUTHWESTERN BOULEVARD.

SO THIS IS, UH, YOU HAVE A CHIPOTLE WITH A DRIVE UP WINDOW, RIGHT? CORRECT.

YES.

SO, WE'LL A PICKUP WINDOW.

YES.

BUT YEP.

SO WE ARE, SO IT'S THE FORMER BANK OF AMERICA.

OKAY.

SO THAT MAKES IT EASIER.

THAT SITS IN FRONT OF THE WALMART ADJACENT TO THE KEY BANK.

SO IT'S THE OLD BANK OF AMERICA.

WE'RE PROPOSING TO DEMOLISH THE BANK OF AMERICA AND THEN DO A NEW BUILDING IF YOU WANNA SCROLL THROUGH.

SO THIS IS HOW IT SITS OVERALL.

IT SITS RIGHT AT THE MAIN SIGNALED ENTRANCE TO WALMART.

THERE ARE NO PROPOSED NEW ENTRANCES ONTO SOUTHWESTERN BOULEVARD AS PART OF THIS PROJECT MIND.

SO IT'LL MAINTAIN TWO ACCESS POINTS IN THE BACK.

THAT'S A DOUBLE ROW OF PARKING.

THEN CHIPOTLE OPERATES, IT'S A PICKUP WINDOW ONLY, SO IT'S NOT A DRIVE-THROUGH LANE.

YOU CAN'T GO IN THERE ORDER AT A ORDER BOARD OR ANYTHING LIKE THAT.

IT'S SIMPLY A WINDOW JUST TO PICK UP THREE MOBILE ORDERS.

THAT SAID, THERE IS STILL NINE STACKING SPACES WITHIN THAT DRIVE-THROUGH LANE.

WE HAVE, UH, 42 OVERALL PARKING SPACES ON THE SITE.

WE ARE PROPOSING TO HAVE A PATIO SPACE IN THE FRONT FOR CHIPOTLE AS WELL.

WE ARE UTILIZING SOME OF THE EXISTING GREEN SPACE THAT IS BETWEEN THE BANK OF AMERICA AND THE KEY BANK OUT HERE IS NOW.

SO WE'LL JUST BE MODIFYING THE PROPERTY LINE IN THAT AREA.

BENDERSON OWNS BOTH THE SITE AND ALSO THE KEYBANK SITE AS WELL.

UM, THE CIRCULATION, YOU HAVE THE TWO ACCESS POINTS AND THEN PARKING ALONG THE FRONT OF SOUTHWESTERN BOULEVARD.

SO THE CIRCULATION ALLOWS YOU TO COME IN THE BACK PARK AND THEN YOU WOULD EXIT BACK OUT THE SITE.

IF YOU'RE PICKING UP AT THE WINDOW, YOU WOULD COME IN, DRIVE THROUGH THE PICKUP WINDOW, COME AROUND, USE THE FRONT DRIVE LANE, AND THEN EXIT OUT THE BACK.

IN REGARDS TO THE ARCHITECTURE, WE THINK WE'VE DESIGNED A PRETTY ATTRACTIVE BUILDING.

UH, WE HAVE A MIXTURE OF MATERIAL, JOHN, WITH MIND GOING ONE MORE.

SO WE HAVE A MIXTURE OF STONE VENEER, WOOD SIDING.

WE'RE USING ARCHITECTURAL AND BRICK, CMU AS WELL ON THE FRONT.

AS PART OF THE PATIO AREA, WE'RE BRINGING OUT A COUPLE COLUMNS INTO THE SIDEWALK.

WE'RE EXTENDING OUT THE METAL CANOPY AS WELL.

WE HAVE A LOT OF THE EARTH TONES, BUT WITH THE DIFFERENT ARTICULATIONS BREAKING UP THE FACADE ALONG THE FRONT, WHICH IS THE BOTTOM RIGHT, THAT'S THE SIDE FACING SOUTHWESTERN.

IT'S BROKEN UP WITH THE, WITH THE CANOPY AND THEN THE PIER.

THAT KIND OF DIVIDES THE CHIPOTLE SPACE FROM THE REST OF THE BUILDING ALONG WITH A COUPLE DIFFERENT COLUMNS.

AND THEN WITH THE MATERIALS WE'RE BREAKING UP LENGTHWISE, THE FACADE AS WELL.

SO IT'S NOT LIKE A CONTINUOUS OVERALL STRUCTURE.

WE'VE TAKEN THE STOREFRONT GLASS, WE'RE WRAPPING THAT ON BOTH SIDES AS WELL.

AND THEN THE DECORATIVE MATERIALS ON THE FRONT, WE'RE WRAPPING THOSE AS WELL.

AND THEN IN THE BACKSIDE WHERE WE'LL KIND OF HAVE A LOT OF THE UTILITIES, THAT'S WHERE THE PICKUP LANE COMES.

WE'RE STILL TAKING THE ARCHITECTURAL CMU AND THE BRICK AND THEN THE STONE VENEER ALONG THE BOTTOM AND STILL BRINGING THOSE AROUND THE BACK WHERE IT CAN THAT UP WITH A LITTLE BIT OF COLOR TO TRY TO STILL GIVE IT A LOOK SO IT'S NOT JUST A BLANK STONEWALL IN THE BACK AND AT LEAST IT GIVES IT A LITTLE BIT OF ARTICULATION AND, AND AND COLOR AS THAT'S KINDA WHAT YOU'LL BE SEEING AS YOU'RE COMING THROUGH THE PICKUP WINDOW.

SO WHY DO YOU NEED A STACKING FOR A DRIVE? FOR A PICKUP WINDOW? WOULDN'T IT BE BETTER JUST A PARKING SPACES? WELL, BECAUSE PEOPLE PICK UP FROM A WINDOW, SO THEY DO STILL HAVE IT SO THEY DON'T HAVE TO LEAVE THEIR CAR.

SO YOU'LL COME THROUGH THE PICKUP LANE.

IF YOU'VE ORDERED ONLINE, YOU JUST GET UP TO THE WINDOW, YOU GIVE 'EM YOUR NAME, THEY'LL HAND YOU YOUR ORDER, AND THEN YOU LEAVE FUNCTIONS LIKE A DRIVE THROUGH, BUT THERE'S JUST NO ORDERING POINT.

SO LIKE YOU DON'T HAVE TO ACTUALLY LEAVE YOUR CAR IF IT'S SNOWING, IF YOU HAVE CHILDREN, THINGS OF THAT JUST MUCH MORE CONVENIENT FOR CUSTOMERS IN THAT WAY.

GO BACK TO THE FIRST SLIDE.

I I WANTED TO LOOK AT THAT.

YEAH.

YOU'RE GETTING RID OF SOME OF THE GREEN SPACE THEN, CORRECT? YES.

SOME OF THAT GREEN SPACE BETWEEN THE TWO IS GOING AWAY.

'CAUSE THE WAY THE SITE WAS INITIALLY DEVELOPED, THE PROPERTY LINE FOR KEYBANK IS ACTUALLY SITS AT AN ANGLE THAT KIND OF FOLLOWS THE ODD CURB LINE AS YOU COME AROUND THE BANK OF AMERICA BUILDING.

NOW THAT BENDERSON OWNS BOTH OF 'EM.

WE'RE ABLE TO, TO DO A MORE UNIFORM DEVELOPMENT WITH THIS SIDE AND KINDA SQUARE UP THE BUILDING IN THE PARKING FIELD IN THAT AREA.

BANK OF AMERICA HAD IT, IT WAS ALL ONE, ONE END, ONE OUT.

YOU WOULD CUT, YOU WOULD.

YES.

SO YOU'RE GONNA PUT THE BUILDING HERE, CORRECT? YEAH.

SO IF YOU WANT TO GO TWO SLIDES, ONE MORE.

YEP.

RIGHT THERE.

THAT'S RIGHT.

SO THIS IS GONNA BE THE BUILDING SO THEY WILL BE ABLE TO GO ALL THE WAY AROUND? YES.

YEP.

OKAY.

IT WON'T BE ABLE TO GO, IT GETS A KEY BANK.

YOU GOTTA GO OUT AND AROUND.

CORRECT.

YEAH.

THERE'S, THERE'S NO CROSS CONNECTION THERE.

SO ALL THE ACCESS IS THAT ONE MAIN INTERNAL DRIVE THAT EXISTS FOR WALMART TODAY.

SO THAT'S NOT CHANGING.

THE WAY YOU ACCESS KEYBANK ISN'T CHANGING, WE'RE NOT ADDING ANYTHING TO SOUTHWESTERN OR TO THE MAIN ACCESS DRIVE COMING IN EITHER.

[00:15:01]

IT'S STILL ALL YOU FEED IN.

THEN YOU HAVE YOUR INTERNAL ACCESS DRIVE IN THE BACK DOOR MAINTAINING THAT.

RIGHT.

AND EVEN IF FOR SOME REASON THE STACKING LIKE TO FAR, YOU'RE NOT BLOCKING KEY BANK BECAUSE PEOPLE ARE STILL GETTING IT ON A KEY BANK IN SOUTHWESTERN AND YOU'RE NOT BLOCKING WALMART AT THAT CORNER.

CORRECT.

YES.

BUT BEING THE FACT THAT IT'S PICKUP ONLY, WE WOULDN'T, WE WOULDN'T NECESSARILY EXPECT TO GET TO THE NIGHT.

RIGHT.

BUT EVEN IF FOR SOME REASON IT, IT DID, THERE IS STILL ADDITIONAL SPACE.

SO YEAH.

YOU'RE NOT ACTUALLY GOING OUT TO LIKE SOUTHWESTERN IMMEDIATELY? NO.

AT ALL STACKS STILL INTERNAL TO THIS SITE.

ALRIGHT, SO THIS IS THE, THE WORK SESSIONS.

FIRST TIME WE'RE SEEING IT.

UM, ANY OTHER INFORMATION OR QUESTIONS WE HAVE BEFORE WE PUT THIS ON A REGULAR MEETING MEETING? UM, THIS QUESTION, JOHN.

THEY SUBMITTED A FULL SITE PLAN APPLICATION.

THEY'RE READY TO MOVE FORWARD WITH FULL SITE PLAN.

YEP.

WE, YEAH, WE PROVIDE A FULL CIVIL ENGINEER.

WE PUT THEM ON FUTURE IN GENERAL.

HOW MANY IN INSIDE? UH, UH, THERE'LL BE 37 SEATS APPROXIMATELY INSIDE THE CHIPOTLE.

PHIL, WE DID GET A LETTER FROM THE CONSERVATION BOARD.

THEY ASKED TO READ IT IN THE RECORD.

I'LL KIND OF JUST PUT A SYNOPSIS TOGETHER.

UH, CONCERNED ABOUT CONTINUED USE OF IMPERIAL PAVEMENT.

WE'LL INCREASE THE RUNOFF IN NEARBY WATERWAYS.

IT'S A, THAT'LL BE AN ISSUE FOR THE TOWN ENGINEER TO TAKE A LOOK AT.

UM, THEY'RE SUGGESTING PERMEABLE PAVEMENTS.

UM, THE OTHER ONE IS AVOID FURTHER LIGHT DILUTION AND CAB RECOMMENDS LED LIGHTING ON THE SITE AND DARK SKY COMPLIANT FIXTURES, WHICH I BELIEVE WE, WE REQUIRE ALL THE TIME THERE.

AND THEN REPLACEMENT OF EXISTING VEGETATION WITH NATIVE FECES AND CREATION OF A BERM.

THAT WILL INCREASE THE VISUAL IMPACT THE SURROUNDING NEIGHBORHOOD.

UM, UH, BUT WE'RE CONCERNED ABOUT FROM THE ROAD.

AND THEN ENCOURAGE GREEN BUILDING PRACTICES.

SO THE, JUST THE TWO POINTS ON THERE.

OUR LIGHTING IS DARK SKY COMPLIANT.

IT IS LED THAT'S HAS TO BE WE DO NOW.

YEP.

THAT'S A LOT.

YEP.

AND THEN ALSO THE DRAINAGE.

IT EXISTING, IT TIES INTO THE WALMART SYSTEM AND RUNS INTO THE POND.

AND THAT'S THE SAME WAY IT'S GOING.

SO IT'S GONNA GO RIGHT BACK TO POND.

THERE'S A LITTLE LOSS OF GREEN SPACE WHERE WE WANNA SEE A NICE LANDSCAPE PLAN ON WHAT YOU'RE PUTTING BACK IN.

YEP.

THEY'RE SUGGESTING NATIVE SPECIES TOWN HAS RECOMMENDED, YOU KNOW, TREES AND OTHER THINGS.

OKAY.

YEP.

THERE'LL BE A LANDSCAPE, THERE'S A LANDSCAPE AND PLAN TO REVIEW AS PART OF THE PACKAGE YOU SUBMITTED.

UM, IS IT, SO YOU HAVE A MEMO SHOWING YOUR NEXT AGENDA AND RIGHT.

THE NEXT AGENDA IS FULL.

SO WE COULDN'T PUT IT ON UNTIL THE MAY 4TH.

SECOND FIFTH.

FIFTH MAY 5TH.

FIFTH.

WHAT'S OUR MEETING TODAY? THIRD? FOUR NUMBERS ALL RUN ALL AROUND 17TH, SO, SO TH MAY 3RD OR MAY 17TH.

UM, ALRIGHT, SO MAY 3RD IS JUST UNDER 30 DAYS, SO WE CAN'T, WE WOULDN'T HAVE INPUT BACK UP, BUT WE COULD START THE COORDINATED REVIEW PROCESS AND HAVE THEM COME BACK MAY 3RD IF EVERYBODY'S OKAY WITH THAT.

WE DON'T HAVE TO DO COORDINATOR REVIEW.

IT'S A, IT'S AN UNLISTED ACTION, BUT IF YOU WANT US TO, ARE THERE ANY OTHER AGENCIES YOU WANT TO HEAR FROM? THAT'S WHAT WE USUALLY ASK.

IT'S AN UNLISTED ACTION, RIGHT.

YOU DON'T HAVE TO DO A COORDINATOR REVIEW, BUT DO YOU WANNA DO A COORDINATOR REVIEW IF THERE'S SOME PARTICULAR AGENCY YOU WANT TO HEAR? OBVIOUSLY IF THIS HAD A CURB CUT OUT ON THE STATE HIGHWAY, WE WANNA COORDINATE OTI DON'T KNOW OF ANY OTHER AGENCY THAT'S REALLY GONNA GIVE US ANY INPUT.

SO, I MEAN, I'M SU I ASSUME THEY HAVE, YOU'RE GONNA PROVIDE FOR THE TOWN ENGINEER, ERIE COUNTY WATER AUTHORITY AND ER, COUNTY SEWER DISTRICT THAT SHOULD TALK TO THEM.

AND YES, YOU'RE PROBABLY GONNA NEED GREASE REPS AND ALL OTHER STUFF.

YEP.

YEAH.

WE'RE ALREADY THROUGH ACTUALLY ONE ROUND AND YOU CAN SUPPLY THAT TO THE TOWN ENGINEER.

YEP.

AND UH, IS THERE JUST ONE TENANT IN THE BUILDING? UH, RIGHT NOW THERE'S ONE SIGNED TENANT WITH THE CHIPOTLE ON THE END CAP, AND THEN THERE'S STILL FIVE FOU, ABOUT 4,500 SQUARE FEET ON THE OTHER SIDE.

I DON'T HAVE A SPECIFIC TENANT YET.

SO THERE'LL BE OTHER TENANTS.

YEAH, THERE'LL BE OTHER TENANTS.

YEAH.

WE WOULD PROBABLY ASSUME THERE'D PROBABLY BE THREE TENANTS IN THE BUILDING.

MAYBE FOUR DEPENDING ON WHAT THEY WIND UP WITH SIZE.

OH WOW.

OKAY.

SO, AND THIS IS THE, THAT BIG PARKING LOT, IT'S BACKING UP TO THE WALMART PARKING LOT, CORRECT? YES.

YEP.

SO THEN WE'LL WANNA SEE RENDERINGS OF THE BUILDINGS BECAUSE IT'S IN, THEY HAVE, THERE IS OTHERS.

YEP.

IF YOU GO TO THE YEP.

SO WE DO HAVE, YES.

SO TEAM, DOES THAT FIT OUR WALMART COUNTRY CLUB OVERLAY AESTHETIC? I I THINK THE BRICK IS THE SAME COLOR AS WALMART.

IS THE BRICK THE SAME COLOR AS WALMART? SAME.

I, YEAH, I BELIEVE IT IS, BUT I CAN DOUBLE CHECK ON THAT.

OH, I THINK, I THINK IT DOES.

UM, IT'S ALWAYS DOUBLE CHECK IN THIS CORNER.

OKAY.

RIGHT.

THE OTHER INFORMATION YOU NEED TO SUBMIT BECAUSE WE'VE RUN THIS BETTER BUILDING SPEC BUILDING.

YEP.

THEY HAS TO DETERMINE THE AMOUNT OF PARKING.

YES.

THROUGH THE PARKING.

THERE'S NO BARRINGTON REPORT.

YEP.

SO IF YOU CAN JUST DESCRIBE, AND WE HOLD, OBVIOUSLY IF YOU GET A

[00:20:01]

TENANT IN THERE THAT'S A LARGER MARKETING USER, WE HAVE TO LOOK AT IT, WHATEVER, BUT DESCRIBE CORRECT AS NORMAL RETAIL AND THIS IS WHAT YOU'RE PROPOSING TO PUT.

YEP.

AND AND THAT MIGHT BE SOMETHING, 'CAUSE I'M, I'M LOOKING AT WHAT YOU GOT THERE AND IT SEEMED LIKE PLENTY OF SPACES FOR CHIPOTLE.

YES.

BUT WHEN YOU ADD TWO OTHER THINGS, PARKING MAY BE AN ISSUE, BUT THERE'S A, THERE'S A GIANT PARKING LOT RIGHT BEHIND IT.

SO.

YEP.

AND, AND ON THE SITE THERE IS, DOES THAT COUNT? I THOUGHT THEY, THAT AREA RIGHT THERE HAS TO ACCOUNT FOR THE PARKING AREA FOR THE OCCUPANCY.

AND THERE IS 44 SPACES ON, ON THE SITE PLAN.

SO EVEN WITH CHIPOTLE 44.

YEAH.

SO LIKE WHEN YOU LOOK AT THE RETAIL, SO THE RETAIL'S AT ABOUT 4,500.

WHEN YOU TAKE THE NET SQUARE FOOTAGE AT ABOUT 85%, TAKE IT DOWN TO SAY 4,000 QUICK MATH, YOU'RE LOOKING AT ABOUT 20 SPACES FOR THAT.

AND THEN THAT, THAT PROVIDES FOR THE 24 SPACES FOR CHIPOTLE, WHICH IS MORE THAN ENOUGH FOR CHIPOTLE AS WELL.

BUT WE CAN PROVIDE A LETTER FOR THAT AND INCLUDE IT ON, ON THE PLANS AS WELL.

YEAH.

THROUGH THE CHAIR.

UM, ARE THERE GONNA BE THE OTHER TENANTS, ARE THERE GONNA BE RESTAURANTS? UH, RIGHT NOW, RIGHT NOW WE DON'T KNOW WHO THE SPECIFIC TENANTS WOULD BE, BUT AS, AS WE, WE'VE HANDLED WITH THE TOWN, I MEAN AS WE SUBMIT FOR BUILDING PERMITS, EVEN ON OTHER MIXED USE PLAZAS WE OWN, WE KIND OF HAVE TO SHOW THAT WE HAVE SUFFICIENT FOR THOSE TENANTS.

SO IT'S NOT WHAT'LL DO, THAT'S A VERY GOOD QUESTION.

WHAT WE DO IS WE LABEL THAT IN RETAIL.

THEY'RE GONNA LABEL IT RETAIL AND THEN IF THEY COME IN WITH A USE THAT IS NOT A RETAIL USE, THE BUILDING INSPECTOR WILL REFER 'EM BACK TO YOU FOR ANY OTHER APPROVAL.

SO THAT'S HOW WE COVER THESE SPEC CLASSES.

THEY HAVE TO KIND OF GIVE US A GENERAL, SO THIS IS GONNA BE RETAIL FOR BASING OUR APPROVAL AND BEING RETAIL WOULD BE NOTED AS RETAIL.

IF THEY COME IN ANYTHING THAT'S NOT STANDARD RETAIL, THEY WOULD REFER BACK TO THE PLANNING BOARD FOR RE-APPROVAL AND LOOKING AT THE PARKING SPACES.

BUT VERY GOOD QUESTION.

THAT'S HOW WE HANDLE SPEC BUILDINGS LIKE THIS.

'CAUSE WE DON'T KNOW THEY PUT A RESTAURANT IN THERE THAT THERE MAY NOT BE ENOUGH PARKING.

RIGHT.

RIGHT.

THEY, THEY OWN THE KEY BANK PROPERTY.

DO YOU OWN THE WALMART PROPERTY? UH, WALMART OWNS THE, THEIR OWN PROPERTY THERE.

WE HAVE REA AGREEMENTS ACROSS FOR THAT TO ALLOW FOR THE ACCESS AND THE DRAINAGE AND THE UTILITIES AND ALL THAT STUFF.

SO AS WELL.

SO FUNCTIONS LIKE IT'S AN ISSUE.

WE COULD GET SOMETHING WELL THEY GET IT.

CROSS ACCESS.

CROSS ACCESS, EASY FOR THE PARK THEY OWN, BUT MAYBE EVEN FOR THE OTHER ONE.

YEAH.

SO THERE'S, THERE'S A SOLUTION IF THE PROPERTY'S AN, IF THE PARKING'S GONNA BE AN ISSUE.

SO SEEMS SIMPLE ENOUGH.

BIG ARTICLE, THIS MONTH'S PLANNING MAGAZINE ABOUT AMERICA HAS A PARKING PROBLEM.

AS IN IT'S TOO MUCH, TOO MUCH PARKING, TOO MUCH BLACKTOP EVERYWHERE.

ALRIGHT.

BUT ANYWAY, WE'LL TRY.

SO, UM, SO TABLE TO THE THIRD, RIGHT? THE QUESTION'S GONNA BE IF WE DON'T NEED TO DO A COORDINATED REVIEW AND WE'VE ALREADY GOT A FULL SITE PLAN WITH RENDERINGS, WE OKAY WITH SCHEDULING THIS FOR A PUBLIC HEARING ON THE THIRD? OR IS ANYBODY THINKING THAT THAT'S TOO SOON? WE HAVE GOING ON RIGHT NOW.

WHAT DO WE HAVE GOING ON THE THIRD? WE JUST HAVE ONE ITEM ON THE AGENDA ON THE THIRD'S ONE.

JUST, WE'RE GONNA HAVE A LOT ITEMS TONIGHT THAT YOU MAY ABLE TO, THAT KEEP AN EYE ON.

WELL, WE'LL, NO, WE'LL, YEAH, NO PROBLEM.

ALRIGHT, SO I'M GONNA MAKE A MOTION TO SCHEDULE A PUBLIC HEARING FOR, UH, 4 3 3, UH, 5 3 3 4 AND 5 3 4 0 SOUTHWESTERN BOULEVARD.

UH, ON MAY 3RD.

SECOND.

IT'S A MOTION BY BILL, SECOND BY DENNIS.

ALL IN FAVOR? A A MOTION CARRIED.

SO WE'LL SEE YOU ON THE THIRD FOR A PUBLIC HEARING.

OKAY.

ALRIGHT.

NEXT ITEM ON THE AGENDA IS VENDORS AND DEVELOPMENT REQUESTING SITE PLAN APPROVAL, THE DRIVE THROUGH AT MCKINLEY COMMONS FOR CRUMBLE COOKIE AT 4 1 5 4 MCKINLEY PARKWAY.

NOW THIS IS, UH, EXISTING, EXISTING TENANT OF SPACE.

YES.

TENANT SPACE.

BUT YOU, BUT IT'S GOING TO, YOU'RE HERE BECAUSE YOU'RE GONNA ADD A DRIVE THROUGH, CORRECT? YES.

SO THIS IS WHERE IT IS LOCATED, UH, ON MCKINLEY.

AND THEN IF YOU WANNA GO TO THE NEXT, SO THEY'RE TAKING AN EXISTING TENANT SPACE.

SO THE 2000 SQUARE FEET OF THE EXISTING END CAP IS VACANT.

SO WHAT CRUMBLE WOULD LIKE TO DO IS ADD IN A DRIVE-THROUGH.

UM, IT'S A NEW FEATURE FOR LOCATIONS IN THIS AREA.

IT'D BE THE FIRST ONE THAT THEY HAVE.

THIS EXISTING AREA RIGHT NOW IS CURRENTLY BLACKTOP.

IT'S CURRENTLY PARKING.

SO THE THOUGHT WOULD BE TO STRIFE IT IN REGARDS TO A DRIVE-THROUGH LANE, THERE WOULD BE EIGHT SPACES PROVIDED THE WINDOW WOULD BE AT THE, THE FRONT OF THE BUILDING.

THEY WOULD JUST KIND OF ADD LIKE A SMALL, THEY WOULDN'T DO A FULL BUMP OUT OF THE BUILDING.

IT WOULD BE MORE LIKE THE BUMP OUT WINDOWS THAT YOU SEE.

OKAY.

WHERE, WHERE THEY CAN PICK UP THERE, THERE WOULD BE ORDERING AT THIS LOCATION.

SO THERE WOULD BE SOME DRIVE-THROUGH EQUIPMENT ALONG IN THE BACK.

BUT BESIDES THAT, IT'S, THERE'S NO ADDITIONAL SQUARE FOOTAGE.

[00:25:01]

AS PART OF IT, WE SHOW FOR THE PARKING ANALYSIS, EVEN WITH THE REDUCTION IN PARKING, WE STILL PROVIDE SUFFICIENT PARKING FOR THE SITES.

SO WE DID INCLUDE THAT ON THE ENGINEERING PACKAGE THAT WE SUBMITTED AS WELL.

SO IT'S PRETTY, IT'S PRETTY BASIC.

THERE'S, THERE'S NO ADDITIONAL PAVEMENT.

IT'S JUST REALLY KIND OF LAST ONE.

EVEN IF THE STACKING GOES BEYOND EIGHT, IT'S NOT IN DANGER OF BACKING UP ON ANY, UH, ROADS.

CORRECT.

YES.

SO WILL BE INTERESTING IF YOU'VE EVER BEEN TO A COUPLE COACHING BECAUSE THEY CAN GET EXTREMELY BUSY.

WELL, YOU KNOW, THE AVERAGE ORDER TIME ON MY, YOU KNOW, UM, WELL THE AVERAGE ORDER TIME IS PROBABLY GONNA BE UNDER TWO MINUTES BECAUSE IT'S ALL PRE-MADE PRODUCTS THAT THEY'RE JUST ORDERING THE NUMBER OF COOKIES THEY'RE GETTING PACKAGED UP.

SO INSTEAD OF, NOW YOU CAN ORDER ONLINE, YOU WALK INTO THE STORE AND PICK IT UP, YOU WOULD PICK UP AT THE DRIVER, YOU CAN ORDER ONLINE AND PICK UP AT THE WINDOW.

THEY WILL HAVE THE OPTION WHERE YOU CAN ORDER, BUT THERE'S NOTHING TO PUT TOGETHER.

LIKE, THEY'RE NOT LIKE MAKING THE COOKIES OR MA OR MAKING BURGERS OR ANYTHING LIKE THAT.

THEY'RE REALLY JUST TAKING THE COOKIES, PUTTING 'EM IN A BOX AND THEN, AND THEN GIVE 'EM TO YOU.

SO IT'S PRETTY QUICK ORDER PROCESS.

THAT'S WHAT I THINK IT IS.

THAT'S, THAT'S WHERE THERE'S A, A INGRESS AND EGRESS RIGHT THERE.

RIGHT.

COMING IN OFF MCKINLEY.

CORRECT.

YES.

SO THERE'S MY CONCERN IS YOU'RE GONNA HAVE PEOPLE PULLING IN THERE AND YOU HAVE PEOPLE FROM THE DRIVE THROUGH COMING RIGHT OUT INTO THEIR, INTO THEIR TRAFFIC.

WELL, NO.

SO, SO THE ACCESS IS STILL, SO THIS IS WHERE THE ACCESS YOU'D BE COMING IN.

SO IF YOU'RE COMING IN THROUGH THE DRIVE-THROUGH, YOU WOULD COME IN, YOU'D CIRCULATE THIS WAY AND LEAVE, AND THEN YOU'RE HERE, THEN YOU COME BACK OUT, YOU'RE BACK INTO THE MAIN DRIVE LANE THAT ALREADY RUNS IN FRONT AND THEN YOU WILL COME BACK OUT OVER HERE.

SO IT'S STILL UTILIZING THE SAME DRIVE LANE.

SO WHETHER YOU WOULD BE GOING THROUGH THE DRIVE THROUGH OR THEN PARKING AND LEAVING, YOU'RE STILL USING, UTILIZING THE SAME DRIVE.

BUT YEAH, MY, MY PROBLEM IS IF YOU'RE BUSY, YOU'RE GONNA HAVE A LOT OF PEOPLE GOING IN THERE.

AND HOW ARE THOSE PEOPLE GONNA GET OUT? ARE THEY GONNA HAVE TO, YOU KNOW, HOW ARE THEY GONNA GET THROUGH? YOU GOT PEOPLE COMING IN AND IF THEY'RE AS BUSY AS PEOPLE SAY THEY'RE GONNA BE, HOW ARE THEY GONNA GET OUT WITHOUT GOING TO A DIFFERENT DRIVE? I MEAN, WELL, UH, LEFT WHEN THEY COME OUT AND GO OUT THE DIFFERENT ENTRANCE ON THE OTHER END OF THE PLAZA.

BUT THEN THERE'S ALSO, I MEAN THE, THERE'S, I BELIEVE IT'S EIGHT CARS STACKED THAT TAKES YOU TO HERE ANYWAY.

SO TO GET THEM BACK DOWN LIKE CARS TO HERE, IT'S PROBABLY ABOUT 18 TO ONE CARS BEFORE YOU EVEN GET THERE.

BUT THEN THAT WOULD BE THE SAME BUSINESS THEY WOULD HAVE IF PEOPLE ARE COMING IN TO, TO PICK UP COOKIES AND TO ORDER AS WELL.

SO THE DRIVE THROUGH JUST ALLOWS A DIFFERENT WAY TO, TO REALLY PICK IT UP.

AND MARKET SPACES AREED? NOPE.

THERE WON'T BE SPECIFIC DEDICATED.

OKAY.

BECAUSE THEY'VE GOT ANOTHER CURB CUT FARTHER NORTH, RIGHT? THERE WERE ONE YEAH.

IF YOU WANT TO GO BACK ONE, THERE ARE, YES.

SO YOU HAVE THE OTHER, YOU HAVE AN ACCESS POINT DOWN HERE.

YOU HAVE AN ACCESS POINT.

YEP.

UP THERE.

RIGHT.

YOU ALSO HAVE THE ACCESS OVER THERE AS WELL.

THERE'S MULTIPLE POINTS DRIVE THROUGH TO GET THE OTHER ACCESS POINT.

IT DID NOT BE IN THE WAY OF THE BLOCK ONE.

AND THEN THE DRIVE-THROUGH IS OFFSET.

SO IT'S NOT LIKE YOU'RE COMING OUT OF THE DRIVE-THRU FACING THE ENTRANCE.

YOU STILL HAVE TO THEN MAKE A TURN TO GET BACK INTO THE FRONT DRIVE LANE, DRIVE OVER TO THE ACCESS TO THEN LEAVE.

SO THE, RIGHT NOW THE WAY IT IS, WE'RE NOT CHANGING.

SO YOU COME IN AND RIGHT NOW THERE'S A DOUBLE ROW OF PARKING RIGHT THERE.

SO THAT STAY, THAT'S NOT CHANGING HOW THAT'S SET UP, THAT'S STILL GONNA STAY THE SAME BECAUSE YOU WANNA, YOU COULDN'T MOVE ONE FORWARD , SORRY, THAT ROW OF PARKING HERE STILL STAYS THE SAME.

WE'RE NOT CHANGING WHEN YOU'RE COMING IN HOW YOUR TRAFFIC PATTERN IS FUNCTIONING COMING IN OFF THE ENTRANCE.

THAT'S STILL GONNA STAY THE SAME.

YEAH, I'M HOPING BECAUSE OF THE DRIVE-THRU, BECAUSE THE ONES THAT I'VE BEEN TO, UH, THERE'S USUALLY 15, 20 CARS PARKED IN THE PARKING LOT STANDING IN THE LINE WAITING TO GET THEIR COOKIES.

SO YOU USE UP A LOT OF PARKING.

SO HOPEFULLY THAT DRIVE THROUGH WILL ELIMINATE SOME OF THAT BECAUSE OTHERWISE YOU'RE USING UP A TREMENDOUS AMOUNT OF PARKING IN THAT PLAZA.

I MEAN, THEY'LL ONLY BE THERE FOR FIVE MINUTES OR 10 MINUTES.

BUT YES, IT'S, IT IS A, IT'S A VERY QUICK TURNOVER FOR CUSTOMERS.

THEY'RE IN THERE VERY QUICKLY JUST PICKING UP.

BUT YEAH.

SO THIS WILL GIVE 'EM A CHANCE TO, TO GET IN, NOT HAVE TO PARK TO PICK UP ORDERS.

YEAH.

DO YOU HAVE A SENSE OF THE HOURLY VOLUME, UH, FOR CRUMBLE? I DON'T SPECIFICALLY KNOW WHAT THE HOURLY VOLUME WILL BE.

YOU WILL HAVE TO PROVIDE US THE PARKING LOT CALCULATIONS FOR THAT END OF THE PLAZA AND MAKE SURE THAT THERE'S STILL ENOUGH, OR THAT WE CAN SAY THERE'S STILL ENOUGH COMMERCIAL.

THIS IS KIND OF A RESTAURANT, BUT NOT A RESTAURANT.

BUT IT DOES HAVE A LITTLE DIFFERENT REQUIREMENT.

THERE'S NO SEATS IN THAT IS CORRECT.

IT IT IS PURELY A PICKUP FACILITY.

YES.

NO SEATS IN THERE.

YEAH.

CORRECT.

IT'S, IT'S A TAKEOUT RIGHT NOW YOU HAVE QUITE A BIT OF USERS IN THAT LAB AT THAT.

YEP.

I'VE BEEN THERE TO SEE IF IT'S THAT BUSY EVER.

[00:30:01]

LIKE IF YOU WENT, IF YOU WENT THERE TODAY, I STOPPED BY THERE BEFORE COMING OVER TO THE MEETING THERE, THERE WAS ONE CAR PARKED LIKE IN THAT AREA BETWEEN THE TWO BUILDINGS THIS EVENING, ABOUT FIVE 30 OR SO WHEN I WAS BY.

SAME THING, BILL.

RIGHT? SAME THING.

SO, UM, SO SAME QUESTION.

TYPE TWO ACTION UNDER TAPE PUBLIC HEARING.

UM, AND WE HAVE TWO THINGS ON MAY 3RD.

UM, IT'S A, IT'S A USE OF AN EXISTING VACANT COMMERCIAL SPACE, WHICH IS ALWAYS A NICE THING TO SEE.

UM, WHAT OTHER INFORMATION DO WE THINK WE NEED? WE WE'RE GONNA NEED SOME INFORMATION ABOUT WHERE THEY CAME UP WITH THE KNOW YOU LANDSCAPING OR ANYTHING.

RIGHT? YOU'RE LEAVING WHAT? IT'S THERE.

I RIGHT IT, IT MODIFIES THE FRONT ISLAND SLIGHTLY BECAUSE THERE'S THE PARKING, BUT BESIDES THAT, YES, THAT'S THE RIGHT, SO THERES NOT LANDSCAPING ON THAT COLORED THING THERE.

CORRECT? YES.

WE WERE GONNA BE DOING PAVEMENT STRIPING FOR THERE.

OH, OKAY.

SO THE ONLY LANDSCAPING IS JUST MODIFYING THE FRONT.

I THOUGHT LANDSCAPE ISLAND WAS BUILT OUT ISLAND ON THE FRONT.

IT IS HERE.

SO WE'RE, WE'LL DO, THIS WOULD BE A LANDSCAPING RIGHT HERE.

THAT'S THIS AN ISLAND HERE.

THIS SECTION WILL BE PAVEMENT STRIPING.

SO THAT THAT MULTICOLOR THING WILL, WILL HAVE LANDSCAPING.

YES.

THE MULTICOLORED ONE.

YEAH.

IN FRONT.

YES.

THAT'LL HAVE LANDSCAPING.

YES.

RIGHT.

OKAY.

THAT'S WHAT I THOUGHT.

ANYTHING EITHER WAY THERE.

SOMETHING IN THE OUTDOOR LIGHTING THERE COMING COME ONTO THE, JUST THE EXISTING LIGHTING THAT IS THERE.

SO THERE'S NOT, YEAH, THERE'S NOT GONNA BE ANY ADDITION LIKE BUILDING MOUNTED LIGHTS THAT'LL BE ILLUMINATING OR ANYTHING.

JUST THE LIGHTING THAT'S ALREADY THERE.

IT'S CHANGING TOO MUCH.

YEAH, I'M, YEAH.

IT'S JUST RE IT'S JUST RETRIP AND ADDING A WINDOW.

I'M, I'M A LITTLE CONFUSED BY THE TRAFFIC PATTERN.

WHAT IS THE OUTER LANE THAT DOESN'T TOUCH THE BUILDING? RIGHT? HAS THE ARROW GOING THE OTHER WAY? WHAT'S THE PURPOSE OF THAT? SO, SO RIGHT NOW THIS IS HERE.

THIS IS, SO IF YOU'RE COMING IN FROM PARKING HERE, SAY YOU WANTED TO PARK IN ONE OF THESE SPACES RIGHT? AND THEY WEREN'T AVAILABLE, IT ALLOWS YOU TO EXIT OUT IN THIS DIRECTION FROM PARKING HERE.

OKAY.

THAT WHERE THE NUMBER TWO IS THE LO TWO.

WHAT IS THAT? THOSE, THOSE WERE TWO ADDITIONAL PARALLEL PARKING SPACES.

OH.

THAT WE WERE ABLE TO FIT IN THERE.

SO WE JUST PUT THOSE IN AND TAKE ADVANTAGE OF THAT, THAT ADDITIONAL AREA.

WE DIDN'T NEED 'EM, BUT WE WERE JUST, THEY WERE THERE.

SO WE WERE PUTTING IT BACK.

WE'VE DONE THE ANALYSIS.

PROBABLY WANNA LOSE THOSE, RIGHT? YEAH.

WE CAN LOSE THOSE.

YEAH, I THINK THAT AND YEAH, I THINKING'S GONNA MAKE MORE SENSE IF THOSE AREN'T THERE.

OKAY.

YEAH.

IT'S NOT BEING A LITTLE CONFUSING AND SOMEONE ENDING UP DRIVING IN THIS DRIVE THROUGH THE WRONG RIGHT DIRECTION.

OKAY.

I MEAN, I GET THE POINT OF IT, BUT IT'S HARD.

YEAH, I DON'T THINK IT'S NEW.

I AGREE.

THIS MIGHT BE CONFUSING.

SO WE'LL WE'LL WANNA HAVE TRAFFIC SAFETY LOOK AT THE SCRAPING.

YEAH.

SO, BUT THEY MAY HAVE ADDITIONAL COMMENTS.

SO, SO YOU WANNA MAKE SURE WE GET INPUT FROM THE TRAFFIC SAFETY REPORT? THEY SHOULD HAVE GOT A COPY OF IT.

I JUST, ONE LAST THING I GOT ON THE DRAWING HERE.

YOU GOT WHERE YOU GO IN, YOU COME OUT, CAN YOU, IS THERE GONNA BE ANYTHING WHEN THEY PULL OUT TO LET 'EM KNOW THEY CAN GO RIGHT OR LEFT WHEN THEY WELL HERE, HERE YOU'VE GOT S COMING IN.

OKAY.

NOW WHEN THEY GET TO HERE, ARE YOU GONNA HAVE ANY INDICATION THEY CAN, RIGHT OR THE LEFT? WE'RE NOT, I MEAN THAT'S COMING BACK TO LIKE THE MAIN DRIVE LANE.

LIKE YOU, IF YOU'RE LEAVING ANY DRIVE THROUGH, LIKE THERE'S NOTHING THERE THAT SAYS YOU CAN MAKE A RIGHT OR LEFT TURN.

YOU'RE JUST COMING OUT TO A MAIN DRIVE WHERE YOU CAN SPECIFICALLY TURN.

SO NO, WE WEREN'T GONNA PUT ANY ADDITIONAL SIGNAGE THERE.

AND AS YOU CAN KEEP THAT, I KNOW YOU'D LIKE GO VISIT THE PIPE.

SEE? UH, THANK YOU SIR.

HE LIKES THE DRIVE.

ALRIGHT, SO I'M GONNA MAKE A MOTION TO SCHEDULE A PUBLIC HEARING ON 4 1 5 4 MCKINLEY FOR MAY 3RD.

SECOND.

THERE'S A MOTION BY BILL, SECOND BY J.

ALL IN FAVOR? AYE.

MOTION CARRIED.

ALRIGHT, SO THANK YOU EVERYONE.

WE ON THE THIRD.

THANK YOU.

YES.

HAVE A GOOD EVENING EVERYONE.

YOU TOO.

THANKS.

NEXT ITEM ON THE AGENDA IS MATTHEW LAND FEAR 10 LIVES CLUB REQUESTING CONSIDERATION OF A SITE PLAN WAIVER ON A PROPOSAL TO CONSTRUCT A 6,000 SQUARE FOOT BUILDING EDITION AT 3 7 4 1 LAKESHORE ROUTE.

LAKE LAKESHORE DRIVE.

SO THIS IS A REQUEST FOR WAIVER.

IT HAS TO BE TABLED.

IT HAS TO BE TABLED.

YES.

PUT 'EM ON FIVE THREE.

BUT JUST SO YOU KNOW WHAT IT IS, IT'S A, IT'S, IT IS THE, THE CODE SAYS PIPELINE WAIVER FOR A NEW BUILDING HAS TO BE LESS THAN LIKE A THOUSAND SQUARE FEET TO GET A SITE PLAN WAIVER.

BUT IT IS ALSO LIKE YOU DEALT WITH THE VETERAN THE FARM.

WHAT WITH

[00:35:01]

THE VFW OUT ON LAKEVIEW.

BUT IT ALSO SAYS THAT FOR ACCESSORY STRUCTURE, YOU, YOU A CYCL PLAN WAIVER.

WE JUST THOUGHT THIS ONE WAS PRETTY BIG OF AN ACCESSORY STRUCTURE.

SO YOU NEED TO LOOK AT IT AND DETERMINE WHETHER YOU WANNA DO A SITE PLAN WAIVER OR DO A FULL SITE PLAN APPROVAL.

IS IT, IT IS A 6,000 SQUARE FOOT BUILDING.

IS IT BEHIND THE EXISTING BUILDING OR IN FRONT OF THE EXISTING BUILDING BEHIND.

RIGHT.

AND THE ONE CRITERIA IN THE, IN THE SITE PLAN WAIVER IS THAT IT NOT BE VISIBLE FROM THE HIGHWAY OF THE SUCCESS.

SO, BUT AGAIN, YOU'LL LOOK AT IT NEXT MEETING AND GIVE OFFICIAL DIRECTION WHEN IT'S BORDERLINE.

WE DON'T LIKE MAKING THAT DECISION WITHOUT YOUR INPUT.

SO IS IT WORK SESSION NEXT MEETING? YEAH, PUT IT ON THERE JUST TO, AND YOU CAN SAY YEAH, SITE PLAN WAIVER OR YOU CAN SAY NOPE, WE WANT FULL SITE PLAN APPROVAL OF IT.

SO, SO WE WON'T DO LIKE AN OFFICIAL TABLING, WE'LL JUST STOP TALKING ABOUT IT.

AUDIT.

AND WE GOT THREE MINUTES.

SO THREE MINUTES.

I'LL TELL YOU IN THE FOLDER I HAVE FOR YOU, THE SMALLER FOLDER THAT YOU CAN TAKE HOME WITH YOU IN THE BACK OF IT YOU'LL SEE FIVE COPIES OF OF MAPS.

THOSE ARE THE PROPOSED REZONINGS THAT THE TOWN IS DOING THROUGHOUT THE TOWN.

UH, WE'RE OUR FIRST JOB IN CONFERENCE PLAN IMPLEMENTATION IS LOOKING AT THE INDUSTRIAL ZONING IN THE TOWN AND CHANGING SOME OF THAT INDUSTRIAL ZONING.

SO WE'RE GONNA TALK ABOUT THAT AT THE NEXT MEETING.

I FIGURED I'D GIVE YOU THE MAPS AHEAD OF TIME SO YOU CAN LOOK AT IT AND PREPARE YOURSELF FOR, THERE'S QUITE A BIT OF REZONING THROUGHOUT THE TOWN.

WHAT WE LOOKED AT IS ALL IDENTIFIED AREAS THAT ARE OLDER INDUSTRIAL AREAS THAT NEED TO BE RE-LOOKED AT.

YOU MAY WANT, AND THE LAW REQUIRES US WHEN WE HAVE REZONINGS LIKE THIS THAT'D BE REFERRED TO THE PLANNING BOARD FOR A REPORT AND RECOMMENDATION.

THAT'S NEXT MEETING.

WE'RE GONNA LOOK AT THIS.

THAT'S NEXT MEETING.

WE'RE GONNA BUT YOU HAVE 'EM NOW SO YOU START LOOKING AT 'EM.

YEAH.

PUT QUESTIONS ON THEM, ET CETERA.

WHAT'S THE NEXT MEETING? THE 19TH.

THE 19TH TO BRING CUPCAKES.

THE ELEMENTARY ALSO IN THAT FOLDER IS AN UPDATED MEMO THAT I SENT YOU LAST THURSDAY.

JUST HAD A COUPLE EXTRA THINGS ON IT THAT WE'VE LEARNED SINCE, SINCE THE THURSDAY WHEN I SENT IT OUT.

HE STOLE THIS FROM ONE OF YOU TOO.

THIS POINT.

YOURS MORE BREATHING ROOMS YOU GUYS IF YOU WANT.

NO, I'M GONNA BE A BUSY YEAR FOR ZONING CHANGES AND CODE AMENDMENTS.

SIX MONTHS.

CAN'T WAIT PACKETS BEGINNING OF THE PROCESS AND JUST YELLING ABOUT THIS IS PROACTIVE.

STEPPING IN AND REACTIVE.

OKAY.

THANK YOU.

ALRIGHT, SEVEN O'CLOCK.

WELCOME TO THE APRIL 5TH MEETING OF THE TOWN OF HAMBURG PLANNING BOARD.

EVERYONE PLEASE RISE FOR THE PLEDGE OF ALLEGIANCE.

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

ONE NATION UNDER GOD INDIVIDUAL WITH LIBERTY JUSTICE FROM ALL.

ALL RIGHT.

FIRST ITEM ON THE AGENDA IS A PUBLIC HEARING FOR AS DENTAL MANAGEMENT INCORPORATOR REQUESTING SITE PLAN DIRECTION ON A PROPOSAL TO CONSTRUCT A DENTAL CLINIC TO BE LOCATED AT 3 4 9 7 MCKINLEY PARKWAY.

WE CHANGE IT FROM SITE PLAN DIRECTION.

'CAUSE NOW THAT IT'S ON FOR PUBLIC HEARING, I THINK THEY'RE WANTING SITE PLANNER.

YEAH, SO ALL RIGHT, SO THIS IS THE SPOT THAT WAS USED TO BE PIZZA HUT.

IT'S NOW VACANT.

THEY WANT TO PUT UP AND ASK IF THEY WANNA TAKE DOWN THAT BUILDING AND BUILD A NEW BUILDING THAT'S GONNA BE AN ASPEN DENTAL.

UH, THERE'S BEEN SOME COMPLAINTS ABOUT DEBRIS ON THAT SITE.

IT'S MY UNDERSTANDING THAT THAT HAS BEEN CLEANED UP.

[00:40:03]

UM, WHAT ELSE HAVE WE GOT GOING ON WITH THAT? UM, I HANDED OUT TO YOU TONIGHT, UH, BECAUSE I MENTIONED THE LAST MEETING.

I HAVE A SEPARATE LITTLE, WHEN THIS PROPERTY WAS REZONED BACK IN 2021, HALF THE PROPERTY WAS ZONED RESIDENTIAL AND THE OTHER HALF WAS CC ONE.

WE REZONED THE WHOLE PROPERTY TO C ONE.

AND AS PART OF THAT PROCESS YOU DID A REPORT THAT IS THE REPORT, WELL NOT YOU, BUT THE PLANNING BOARD YOU WERE ON THE PLANNING BOARD THEN ISSUED A REPORT.

AND IN THAT REPORT IT SAYS THAT WHEN THE APPLICANT COMES BACK AT A TIME THAT WAS ALBANIA AESTHETICS.

WHEN THEY COME BACK, THESE ARE THE THINGS WE WANT TO CONSIDER.

SO OBVIOUSLY WE HAVE A NEW APPLICANT WHO WENT THROUGH THAT REZONING.

THOSE ARE THE THINGS YOU SHOULD CONSIDER THAT WERE ISSUED IN THAT REPORT THAT YOU DID, THE THINGS YOU WERE CONCERNED ABOUT WITH PROTECTION, PROTECTING THE ADJOINING RESIDENTIAL PROPERTIES, PROPER SCREENING.

MM-HMM .

PROPER, PROPER BUFFERING, THINGS LIKE THAT.

THOSE WERE THE THINGS THAT WERE CONCERNED.

BUT YOU CAN READ THAT AND SEE THAT.

SO THIS APPLICANT IS A NEW APPLICANT, BUT THEY HAVE TO CONSIDER THE SAME THINGS IN WHAT WAS GIVEN AS THE RECOMMENDATION OF THE CONDO.

SO, UM, THAT'S JUST, I WANTED YOU HAVE THAT REPORT SO YOU HAVE NOT SEEN IT WEREN'T AROUND.

WHEN WE DID THE FOUNDATION WITH THEM, WE THEN SUBSEQUENTLY REZONED THE PROPERTY TO C JUAN THE WHOLE PIECE OF PROPERTY.

'CAUSE THE WHOLE PIECE HUT SAT ON THE WHOLE PROPERTY.

WE DIDN'T UNDERSTAND WHY HALF THE PROPERTY WAS RESIDENTIAL BECAUSE OBVIOUSLY IT WAS A PIZZA HUT.

UM, BUT JUST WE, WE REZONED IT BACK THEN, BUT WE HAD THOSE CONDITIONS IN THAT REPORT.

ALRIGHT, SO WE'LL GIVE YOU A FEW MINUTES BEFORE WE OPEN UP A PUBLIC HEARING.

SURE.

UM, SO YEAH, WE'RE PROPOSING A NEW ASPEN DENTAL WHERE THE PIZZA HU WAS.

UH, DO YOU WANNA GO TO THE NEXT SLIDE? OH, UH, YOU BETTER PRESS THE BACK.

SO, UH, HERE'S THE EXISTING SITE WITH PIZZA HUT BUILDING RIGHT THERE.

WE'RE PLANNING ON DEMOLITION ALL THE ASPHALT AND THE BUILDING, UH, REDOING THE, UH, DRIVEWAY.

AND, UH, WE'RE PLANNING ON CUTTING AWAY A BUNCH OF THAT ASPHALT ON THE SOUTH SIDE.

UH, I GUESS WE'LL JUST JUMP INTO THE SITE PLAN RIGHT AWAY.

UH, YEAH, IT'S, UH, I JUST BRING THE, THERE YOU GO.

SO, UH, COMPARED TO THE PREVIOUS SITE, WE'RE SHIFTING THE BUILDING OVER, UH, ABOUT LIKE SEVEN OR EIGHT FEET.

UH, WE'RE, UH, LOWERING THE IMPERIOUSNESS ON THE SITE.

UH, WE ARE PROPOSING A NEW FENCE ON THE EAST SIDE OF THE PROPERTY, A NEW VINYL FENCE, A SIX FOOT PEN FENCE.

UH, YEAH, WE HAVE, UH, OUR DRIVE, OUR DRIVE ISS AND STUFF.

UH, GO GET THE DUMPSTER THERESA DUMPSTER ENCLOSURE.

UH, YOU WANNA JUST JUMP TO THE NEXT SITE? SO, RIGHT.

THERE WE GO.

UM, SO I PRESENTED LAST NIGHT TO THE ZONING BOARD TO SEEK VARIANCES.

UH, ONE OF THE CONCERNS THAT WAS BROUGHT UP WAS DRAINAGE ALONG THAT EAST SIDE OF THE PROPERTY.

UH, WE WERE PLANNING ON PUTTING IN A SWALE TO PICK UP A BUNCH OF THAT STORM WATER THAT'S JUST SITTING THERE ON A LOW POINT AND PICKING IT UP TO A PROPOSED INLET.

AND WE ALSO HAVE A PROPOSED INLET IN THE MIDDLE OF THE PARKING LOT TO PICK UP ALL THE DRAINAGE ON THAT SIDE, AS WELL AS THE PROPOSED BERM ALONG THE NORTH AND ABOUT HALFWAY ALONG THAT EAST SIDE OF THE PROPERTY.

IN, IN ADDITION TO THAT, ANY DRAINAGE PLAN HAS TO BE APPROVED BY THE TOWN ENGINEER AND IT WILL BE, WILL NOT BE PERMITTED TO INCREASE RUNOFF ONTO ADJOINING PROPERTIES.

YEAH, WE WE'RE, WE'RE GONNA BE LOWERING THE, UH, RUNOFF ONTO THE NEIGHBORING PROPERTIES BY, WITH THAT SWALE AND THAT BERM ON THE NORTH SIDE TO PREVENT ANY MORE OF OUR WATER FROM FLOWING NORTH.

IF YOU WANNA JUMP ON THE NEXT SLIDE, UH, HERE'S OUR UTILITY PLAN.

WE'RE PLANNING ON RECONNECTING TO THE EXISTING SANITARY LATERAL THAT WAS ON THE SITE.

UH, WE HAVE, UH, WATER ALONG THE EAST SIDE OF THE PROPERTY REAR OF THE BUILDING THAT WE'LL BE RECONNECTING TO, UH, ELECTRICAL AS WELL AS THERE.

AND THEN OUR STORM WATER, WHICH I BROUGHT UP, PERFORMED THE DRAINAGE PLAN, UH, INLET IN THE MIDDLE OF THE PARKING LOT AND AN INLET ON THE SOUTH SIDE OF THE BUILDING TO PICK UP THAT DRAINAGE ALONG THAT EAST SIDE DOWN THERE.

UH, YEP.

UH, HERE'S OUR DETAILS SHEET WITH OUR PROPOSED FENCE.

OTHER ITEMS? YEAH, IF YOU WANNA JUMP TO THE NEXT ONE.

HERE'S OUR LANDSCAPING PLAN.

UH, WE HAVE OUR PROPOSED TREES, UH, THAT WERE REQUIRED ALONG OUR PROPERTY.

UH, WE ALSO HAVE TREES PROPOSED AROUND OUR DUMPSTER ENCLOSURE TO SCREEN THAT AS WELL.

AND PROPOSED LANDSCAPING AROUND THE BUILDING.

AND THEN, UH, HERE'S A SHELL OF OUR BUILDING, UH, VERY PROTOTYPICAL ASPEN DENTAL.

AND THEN, UH,

[00:45:01]

HERE'S A ARCHITECTURAL PLAN.

UH, THE, UH, BUILDING AS WELL.

UH, WE HAVE SEEN U BRICK.

UH, I'M NOT AN ARCHITECT SO I CAN'T SPEAK TOO MUCH ABOUT THIS.

UH, I'M A CIVIL SITE DESIGNER, BUT, UH, HERE'S WHAT IT'LL LOOK LIKE.

WANNA JUMP SLIDE AND THEN, UH, HERE'S OUR DUMPSTER ENCLOSURE DETAIL.

SO YEAH, THAT'S OUR, UH, ARE THERE SIDEWALKS THERE ALREADY? BECAUSE I THOUGHT ONE OF THE CONDITIONS THE RESULTING WAS TO MAKE SURE THERE'D BE SIDEWALKS.

DID NOT INCLUDE THAT AS A CONDITION.

I HAVE THE RESOLUTION ISSUED BY THE ACCOUNT BOARD.

THEY DID NOT INCLUDE THAT A CONDITION, BUT OBVIOUSLY WE'RE ALWAYS, WE HAVE TO, THE REQUIREMENT IS TO PUT IN SIDEWALKS.

THAT USUALLY HAPPENS AT SITE PLAN APPROVAL.

UNLESS YOU WAIVE IT.

MAYBE THEY'RE ALREADY THERE.

MAYBE THAT'S WHY WE DIDN'T, I THOUGHT WE SIDEWALKS THAT SITE THOUGH.

AT THE REZONING.

NOT, NOT AS PART OF THIS.

YEAH, THE SITE PLAN APPROVAL WOULD TAKE CARE OF.

SO IT'S A GOOD QUESTION.

I APOLOGIZE.

I DO NOT KNOW, BUT ANYBODY KNOW THE SIDEWALKS IN FRONT OF IS, THERE'S NONE, BUT THERE'S SIDEWALKS IN FRONT OF A RESIDENTIAL HOUSE ON MCKINLEY.

OKAY.

RIGHT NEXT TO THAT.

OKAY.

YEAH.

SO THEY'LL BE ASKED TO EXTEND THE SIDEWALKS DOWN AROUND.

I WONDER IF WE PUT THAT IN THE BIBLE BOARD JUST DIDN'T ADD IT BECAUSE IT'S PART OF THE LAW.

I DON'T REMEMBER, REMEMBER, I DON'T REMEMBER EXACTLY WHAT HAPPENED, BUT I THOUGHT TALKED ABOUT IT.

WHAT VARIANCE DID YOU NEED FROM THE UH, UH, WE NEEDED A BUILDING THREE BUILDING ON SETBACK VARIANCES.

UH, ONE ON THE EAST, UH, WEST AND SOUTH SIDE.

AND THEN THE PAVEMENT SET BACK ON THE WEST SIDE, THE PARKING LOT.

IT'S TOO CLOSE IN THE BUILDING.

IT'S TOO CLOSE IN A COUPLE OF SPOTS.

TOO CLOSE TO THE RESIDENTIAL.

CLOSE TO THE, TO THE PROPERTY WAS SET.

SO DID THEY, DID THEY GIVE YOU THAT WAIVER? UH, THEY TABLED IT.

THAT'S WHEN REPORT.

WE HAVE AN EMAIL TODAY FROM THEY TABLED IT.

THEY WOULD LIKE YOUR INPUT PRIOR TO THEM, THEM MAKING DECISION, WHICH IS, WHICH IS A GOOD IDEA BECAUSE THEY KNOW THEIR SITE PLAN ISSUES HERE.

THEY WANNA MAKE SURE YOU HAVE YOUR SITE PLAN INPUT BEFORE THEY ACT ON THE GUARANTEE.

WHEN'S THEIR NEXT MEETING? WHAT'S THAT? WHEN IS THEIR NEXT MEETING? NOT UNTIL NEXT MONTH.

MAY 2ND.

OKAY.

SO YOU HAVE TWO MORE MEETINGS IF YOU HAVE TO.

NO, WE'VE GOT ONE MORE MEETINGS, FIVE ITEMS ON THE RIGHT THIS MEETING AND THE NEXT RIGHT? YOU ALREADY HAVE ONE.

SO THERE'S THIS BUT THE ROAD.

ROAD, YEAH.

YEAH.

THERE'S A ROAD ON THE SOUTH SIDE MILE STRIP ROAD AND THEN MCKINLEY AND EVERY THREE OF THE FOUR, THREE OF THE FOUR BORDERS NEED A VARIANCE.

UH, YEAH, ONE ON THE SOUTH SIDE, EAST AND WEST.

CAN YOU WALK US THROUGH WHY THAT IS? CAN YOU JUST BUILD A SMALLER BUILDING? WELL, THIS IS A PROTOTYPICAL BUILDING FOR ASPEN DENTAL.

IT'S VERY NORMAL.

THEY'VE BUILT HUNDREDS OF THESE TYPES OF BUILDINGS AND RIGHT NOW THE BUILDING CAN'T WITHIN THAT SETBACK.

SO WE WOULD AT LEAST HAVE TO BREAK TWO OF THE VARIANCES.

UH, THE SOUTHERN ONE WE DISCOVERED LATER IN THE DESIGN PROCESS.

UH, YOU POINT TO WHICH ONE THIS OTHER ONE IS, UH, IT'S A 30 STEPBACK.

UH, RIGHT NOW I HAVE IT AT 23 FEET.

SO IT'S ABOUT SE IT'S SEVEN FEET OFF.

NOW.

THERE WAS A DIFFERENCE IN THE VENA AESTHETICS PROPOSAL IS THEY HAD A THINNER BUILDING.

THEY STILL NEEDED SETBACK REQUIREMENTS.

I MEAN VARIANCES, BUT IT WAS LESS OF A SETBACK BECAUSE THEIR DESIGN WAS A THIN BUILDING THIS WAY AND THEIR BUILDING LIKE THIS.

RIGHT.

AND THE PARKING AROUND THERE.

SO THAT WAS THE DIFFERENCE BETWEEN THAT ONE.

THIS ONE IS A MUCH, UH, MORE COMPACT BUILDING, BUT IT'S CLOSER HERE, CLOSER HERE.

AND FOLKS ARE HERE.

OTHER, THE SIDES OF THE LOT.

YOU KNOW, I GET JOB, IT SEEMS THAT WHEN PEOPLE COME IN TO BUILD SOME, GOING THROUGH UP THE CAR WASH AND OTHER THINGS, THEY DON'T LOOK AT THE PROPERTY.

THEY COME IN WITH A PLAN AND THEY WANT THE ZONING BOARD TO CHANGE EVERYTHING FOR THEM RATHER THAN THESE PE THE, THE DEVELOPERS COMING IN AND SAYING, OKAY, THESE, THESE ARE THE ORDINANCE, WE GOTTA FOLLOW IT.

YOU KNOW, I'M NOT IN FAVOR OF, OF GRANTING A VARIANCE, ESPECIALLY ON THE, UH, RESIDENTIAL PROPERTY.

WELL, YOU CAN RECOMMEND IT.

REMEMBER, IT'S THE CBAS DECISION.

YOU'RE HOPING THAT YOU CAN COME UP.

LET'S TALK A LITTLE BIT MORE ABOUT THE VARI THE, THE VARIANCES REQUESTED, UH, BY THE RESIDENTIAL PROPERTY AS OPPOSED TO THE ONES FROM THE STREET.

SO, SO WHAT ARE THOSE MORE DETAIL? RIGHT NOW THERE'S A 40 FOOT, UH, SETBACK.

UH, AND WE HAVE THE BUILDING 13 FEET AWAY.

SO IT WOULD BE 27 FOOT SETBACK THAT WE'RE VIOLATING.

UH, AND THE EXISTING PIZZA HUT IS EVEN CLOSER.

RIGHT.

THAT'S 10 FEET OFF.

SO IT'S AN IMPROVEMENT UPON THE EXISTING SITUATION.

WHAT ABOUT THE PARKING LOT? IS THAT VARIANCE TO THE ADJACENT RESIDENTIAL TOO? OR THAT THAT'S NOT, IT'S NOT.

OKAY.

SO

[00:50:01]

THE VARIANCE FOR THE PARKING LOT IS, YEAH, IT'S ON THE WEST SIDE.

SO THAT WAY WE COULD HAVE THAT LANE TO THAT CIRCULATION TO OUR SITE UP WITH FOLLOWING GARBAGE TRUCKS.

SO 23 FEET TO THE HOU HOUSES, SEVEN FEET ON ONE SIDE, IS THAT CORRECT? THE VARIANCE THAT YOU'RE REQUESTING IS SEVEN FEET.

SEVEN FEET ON THE SOUTH SIDE.

OKAY.

ON THE EAST SIDE IT'S LIKE 27 FEET.

SO THE, THE SOUTH SIDE IS MCKINLEY AND EAST SIDE IS MILES STRIP, UH, MILES STRIPS ON THE SOUTH SIDE.

MCKINLEY'S ON WEST.

YEAH.

IT LOOKS LIKE THE HOUSES ARE ONLY BEHIND IT.

LIKE WHATEVER DIRECTION.

RESIDENTIAL CLEAR HERE.

AND THE ONE'S UP THERE, THAT'S ALL PARKING LOT, RIGHT? THE BUILDING'S JUST AT THE BOTTOM.

RIGHT.

AND THEY DON'T NEED A SETBACK FOR THAT ONE.

OKAY.

SO YOU SAID ON THE HOUSE SIDE IT'S ACTUALLY FURTHER AWAY FROM THE HOUSES AND THE PIZZA IS NOW YEAH, THE BUILDING.

YEAH, THE BUILDING SHIFTED.

AND WHAT ABOUT, WHAT ABOUT THE OTHER TWO SIDES? HOW DO THOSE RELATE TO PIZZAS CLOSER TO THE ROAD? BOTH OF THOSE ARE YEAH.

YEAH, BUT THERE'S NO, THOSE ARE JUST RIGHT.

THIS IS A PRETTY NARROW LOT.

YEAH.

SO I WOULD BE CURIOUS, AND I DON'T KNOW IF WE NEED TO ANSWER THIS NOW, LIKE WHAT SIZE BUILDING COULD FIT AND MEET THE VARIANCES? OR IS IT JUST NOT PRACTICAL BUILDING ON THERE WITHOUT GETTING VARIANCES? WHAT WE'RE TRYING TO DO IS MAXIMIZE THE PROTECTIONS OF THE .

THAT'S WHAT HURTS THIS PROPERTY BECAUSE OF THE, WHAT'S RESIDENTIAL? YOU NEED GREATER SETBACKS, ET CETERA.

MM-HMM .

RIGHT? THAT, THAT'S A RIGHT.

BY THE TIME YOU DID THE 30 FOOT SETBACKS FROM THE HIGHWAYS AND THE 30 FOOT REQUIREMENT FOR THE, FOR THE SETBACK RESIDENTIAL, IT BECOMES A VERY, VERY, VERY NARROW BUILDING.

EVEN ALBANIA TRIED TO FIT A, A LONGER THINNER BUILDING, BUT THEY STILL NEED VARIANCES.

THIS IS A TRICKY SITE.

SO I THINK YOU WANNA, I MEAN, VARIANCES TO THE ROAD DON'T ALWAYS WORRY TOO MUCH.

I THINK SOME OF THEM ARE TOO LARGE.

BUT BECAUSE THIS IS ON A BUSY CORNER, WE'RE GONNA WANNA HAVE TRAFFIC SAFETY TALK ABOUT HOW IF THE, IF THE VARIANCES ARE GONNA HAVE A NEGATIVE IMPACT ON PEOPLE'S VISIBILITY ON THAT CORNER.

BUT DIDN'T PIZZA HUT ALREADY GET VARIANCES PRIOR AND THEY WERE PIZZA HUT GOES CLOSE TO THE ROAD.

PIZZA HUT PIZZA'S CLOSE TO THE, HOW LONG HAS PIZZA HUT IN THERE? I COMING HERE FOR 30 YEARS.

IT WAS, IT WAS THERE 30 YEARS AGO.

UH, THERE IS ALREADY A VISION TRIANGLE AS WELL.

30 FOOT VISION TRIANGLE AND .

OKAY.

IT'S ALREADY THERE.

YEAH.

YEAH.

SO THAT'S GOOD.

LONG.

SO, UM, SO I MEAN, IN MY OPINION, AS FAR AS THE ROAD GOES, LONG AS THERE'S ENOUGH SPACE FOR THE SIDEWALK AND THE BUILDING AND THE PARKING LOTS DON'T HAVE ANY SAFETY ISSUES.

ARE YOU PROPOSING ANY VE VEGETATION BEHIND IN, IN ADDITION TO THE FENCE? OR IS IT JUST A VINYL FENCE? UH, RIGHT NOW WE JUST HAD A VINYL FENCE PROPOSED.

YOU SAID IT'S SIX FOOT 10, I'M SORRY.

UH, YEAH, CORRECT.

SIX FOOT 10 INCHES HIGH.

YEAH.

YEAH.

AND IT'S A WEAVED FENCE.

YOU SAID? UH, BINAL FENCE.

WHAT'S IS CODE SIX FEET? WHAT'S THAT? HOW TALL IS IT? ARE WE NOT ONLY SIX FEET IN THE CODE OR SIX FOOT 10 INCHES? I THINK THEY, YOU WERE GETTING A VARI FROM THE FENCE TOO, WEREN'T YOU? NO, WE WEREN'T SEEING VARIANCE BECAUSE I THINK A SIX FOOT IS THE MAXIMUM FOOT.

YEAH.

VARI.

BUT WE'RE DOING SIX FEET, 10 INCHES.

SO THAT'S LET 11 FOOT BASICALLY SHA 10, NO, SIX 10, ALMOST SEVEN FEET.

YEAH.

IS THERE A FENCE THERE ALREADY? YEAH.

ROUGH SHA OF SHAVE.

WAIT, I WOULD BE INTERESTED ON, HAVE YOU SPOKEN TO THE NEIGHBORS? UH, JUST LAST NIGHT I MAY, UH, PRESENTED.

OKAY.

AND IT'S, TODAY'S A PUBLIC HEARING, SO WE'LL HEAR FROM 'EM TOO.

OH GOOD.

SHOULD HAVE READ THAT.

'CAUSE I'M INTERESTED IN WHAT THE NEIGHBORS WALK, BECAUSE I DON'T WANNA BE PUTTING TREES IN THEIR BACKYARD FOR LIKE, I DON'T PUT THIS TREE IN MY CARD.

UH, WHAT ABOUT THE IMPERIOUSNESS? HOW MUCH IMPERIOUSNESS ARE YOU DECREASING? UH, YES, WE'RE DECREASING IMPERIOUSNESS SITE.

UH, THE EXISTING SITE RIGHT NOW HAS 7 5 74 0.8% PREVIOUS.

UH, WE'RE PLANNING TO LOWER THAT TO 57.4%.

AND HOW'S THAT HAPPENING? UH, WE'RE REMOVING THE EXISTING, UH, PARKING LOT AND PUTTING IN A WHOLE NEW

[00:55:01]

PARKING LOT THAT'S SMALLER THAN THE EXISTING ONE.

PHIL, WOULD YOU MIND, UM, READ THE EMAIL THAT CAME FROM BRAD TODAY? BRAD REPINSKI? YES.

FROM THE ZBA.

IT SAYS LAST NIGHT THE ZBA PASSED TWO RESOLUTIONS REMOVING THE ZBA A OH, THAT ONE ALSO, THE BOOT BOARD CHOSE TO TABLE THE DENTAL OFFICE ON PIZZA HUT PROPERTY UNTIL THE PLANNING BOARD HAS MADE THEIR DETERMINATION ANY A VARIANCE OR VARIANCE MESS ON A PROPERTY THAT MAY OR MAY NOT BE APPROVED FURTHER, THE PROJECT MAY REQUIRE FURTHER VARIANCE OR THE AMENDMENTS OF THE ONE PASSED ONCE THE PLANNING BOARD APPROVES THE FINAL PLAN.

SO WE'RE WORRIED ABOUT YOU CHANGING THE PLAN, WHICH WOULD CHANGE THE VARIANCES.

FINDING THE PROPERTY BEING A COMMERCIAL PROPERTY MUST GET PLANNING BOARD APPROVAL FOR SCREENING BETWEEN THE PROPERTIES THAT IS GREATER THAN SIX FEET AND HEIGHT.

SO THAT'S THE SIX FEET AND HEIGHT.

THE, THE FENCE, IF IT'S GREATER THAN SIX FEET, SIX FEET AND HEIGHT THEY NEED, DOES NEED A VARIANCE, NEED A VARIANCE.

UM, CONSIDERING THEIR REQUEST FROM NEIGHBORS, THAT ADDITIONAL SCREENING VIA CONDITION OF APPROVAL COUPLED WITH THE AFOREMENTIONED REASON ZBA AGREED THAT IT WOULD BE MORE APPROVED TO FOLLOW THE USUAL MODEST OPERANDI GOING FORWARD.

YOU HAVE ANY QUESTION? PLEASE LET ME KNOW.

, WE HAVE SUGGESTED TO THE ZBA THAT AND IT'S IN THE LAW THAT STUFF COME HERE FIRST BEFORE ZBA GRANTS.

DOESN'T MEAN WE HAVE TO PROVE IT, BUT AT LEAST COMES HERE SO YOU CAN DO YOUR JOB.

IF CHANGES ARE MADE TO THE PLAN, THEY'RE NOT CREATING A VARIANCE THAT CHANGE.

SO THAT'S WHAT WE'VE TRIED TO AGREE TO FOR THE BEGINNING OF THE YEAR.

SOME PEOPLE TRY TO GO MAKE SOME SENSE.

I GET WHAT THEY'RE ASKING FOR.

THAT'S THE, UH, MODEST.

OLDEST.

SO ANY MORE QUESTIONS FROM MEMBERS OF THE PLANNING BOARD BEFORE WE GET INTO THE PUBLIC HEARING? I THINK I SHARE, UM, WITH MIKE OTHER BOARD MEMBERS THAT I'D LIKE TO HEAR WHAT THE RESIDENTS HAVE TO SAY BEFORE WE CAN OH, QUICK QUESTION.

YOU SAID PROTOTYPICAL BUILDING.

DOES ASPEN LIKE EVER MODIFY ITS BUILDING TO FIT A SITE? UH, NOT USUALLY, OR NOT TO MY KNOWLEDGE.

THIS IS A MAJOR STRIP MALL OVER TO MCKINLEY MALL.

I'M NOT SURE ABOUT THAT.

THAT'S JUST PART OF THE PLAN.

PART OF THE THE STRIP MALL.

THAT'S NOT RIGHT.

YEAH.

LIKE THEY'LL THEY DO MODIFY.

YEAH, THEY HAVE TAKEN VACANT SPOTS LIKE THAT.

OKAY.

AND BY THE WAY, BEFORE WE GO TO THE PUBLIX, THE PLANNING BOARD HAS TO DECIDE ON THE NUMBER OF PARKING SPACES.

YOU HAVE TO GIVE US KIND OF CALCULATIONS OF WHY YOU CAME UP WITH THIS MUCH PARKING.

I MEAN, DO YOU HAVE MORE THAN ONE DENTIST OR SORRY, WHAT? YEAH, LOOKS LIKE A LOT USUALLY BASED UPON THAT BECAUSE THAT'S A PRETTY BIG PARKING PLAN.

UH, THIS IS THE TYPICAL AMOUNT THEY OKAY.

ASKING THEM.

THEY, THAT'S THE WAY THEY RUN THEIR BUSINESS THEN.

BUT YOU GOTTA EXPLAIN WHY.

'CAUSE THEY HAVE TO MAKE THE DECISION ON THE AMOUNT OF PARKING WHY IT WOULD BE APPROPRIATE FOR THIS SITE.

WE DON'T WANT AN OVER PART OR WE DON'T ANOTHER PART, UH, I CAN'T SPEAK TO THAT.

I DON'T, UH, KNOW ASPEN'S DAY-TO-DAY OPERATIONS.

UH, THEY JUST TELL US THAT THEY WENT BETWEEN 30 AND 35 SPACES.

SO THEY FOLLOW.

CAN YOU FOLLOW UP? THEY FOLLOW UP WITH US AN EMAIL.

YEAH, THEY'RE, THEY'RE GONNA HAVE TO PROVIDE US THEIR REASONING OF WHY IT'S NOT A PARKING.

WE DON'T WANT TOO MUCH.

WE DON'T WANT TOO LITTLE.

MY THAT IS, THERE'S FOUR PARKING SPACES.

NOTICE IS HEREBY GIVEN THE TOWN, TOWN OF HAMBURG PLANNING BOARD WILL CONDUCT A PUBLIC HEARING ON A PROPOSAL BY ASPEN DENTAL MANAGEMENT INC.

CONSTRUCT A DENTAL CLINIC TO BE LOCATED AT 3 4 9 7 MCKINLEY PARKWAY.

THE PUBLIC HEARING WILL BE HELD ON APRIL 5TH, 2023 7:00 PM IN ROOM SEVEN B OF HAMBURG TOWN HALL.

ALRIGHT, AT THIS TIME I'LL OPEN UP THE PUBLIC HEARING FOR ASPEN DENTAL.

IS THERE ANYONE HERE THAT WANTED TO SPEAK ABOUT THIS PROJECT? ALRIGHT, PLEASE COME UP AND STATE YOUR NAME AND ADDRESS FOR THE RECORD, SIR.

THE BOARD.

THE ALRIGHT.

ALRIGHT.

YOU WANT A SIGN IN SHEET? IS IT HOW LONG THE LAUNCH? YES, WE DO.

SO WHAT WE'RE GONNA DO, WE'RE GONNA PUT A SIGN IN SHAPE SHEET OVER ON THAT TABLE BY THE AGENDAS SO THAT WAY WHEN WE'RE DOING THE MINUTES, EVERYBODY'S NAME AND ADDRESS IS SPELLED CORRECTLY.

DON'T HAVE TO GIVE THEIR ADDRESS, BUT YOU'RE WELCOME TO.

I THINK THE LAW IS THAT YOU DON'T HAVE TO PROVIDE AN ADDRESS, BUT IF YOU WANT TO, ALRIGHT, I'LL STOP ASKING FOR THAT THEN.

NO, NO, I ASK FOR IT EVERY TIME.

MOST PEOPLE DO, BUT WE'VE HAD PEOPLE COMPLAIN IN THE PAST AT OTHER GOVERNMENT MEETINGS THAT THEY DON'T HAVE AUTOMATICALLY.

ALRIGHT, GOOD? YEP.

ALRIGHT.

MR. CLARK, BILL STATE, 3 4 9 4 DICKENS ROAD.

SURE, EVERYONE'S PRICING, AT LEAST MY EMAILS.

I KNOW SEVERAL PEOPLE ARE HERE TO SPEAK TONIGHT.

THERE IS NO LETTER MAILED TO MY HOUSE FOR A PUBLIC HEARING.

[01:00:01]

MY NEIGHBORS AND I ONLY KNOW BECAUSE WE'VE BEEN ON TOP OF THIS EITHER WAY.

LAST NIGHT WAS THE FIRST TIME WE SAW PLANS FOR ASPEN DENTAL.

OTHER THAN THE, WHAT A TYPICAL BUILDING OF ASPEN DENTAL ON THE WEBSITE.

SO LOTS OF CONCERNS.

THE DRAINAGE PLAN, THE DRAINAGE SITUATION IS A HUGE CONCERN.

YOU'LL PROBABLY SEE SOME PICTURES IN A LITTLE BIT.

THE FENCE LOOKS LIKE TOWN CODE FOR A RESIDENTIAL BUFFER AND A COMMERCIAL BUFFER AS A MINIMUM OF EIGHT FOOT HIGH FENCING FIRM AND LANDSCAPING.

AND LAST NIGHT WE LEARNED THAT HE PROPOSED A SWELL OF, UH, A DRAINAGE PLAN.

OBVIOUSLY IT GOES TO TOWN ENGINEERING, BUT IF TO DO IT RIGHT WHEN HE TAKES THE FENCE DOWN OR WHATEVER CORPORATION TAKES THE FENCE DOWN, THEY SHOULD TIE IN ALONG THAT FENCE LINE ALONG OUR PROPERTY LINES.

HOW THIS SWELL IS EITHER GONNA BE A DITCH OR WHATEVER THEY'RE GOING TO DO ON, AT LEAST BEHIND MY HOUSE THAT'S DIRECTLY AFFECTED BY PIZZA.

HU THE MOST OUT OF ALL OF THE HOUSES AND THE RESIDENTS YOU'LL HEAR SPEAK TONIGHT.

BUT HOW THAT IS AFFECTED AND WHERE THAT SWELLS GONNA GO AND THE DRAINAGE BASIN THAT THEY WANT TO PROPOSE AND HOW THEY SHOULD TIE ALL THAT TOGETHER.

THE FENCE SHOULD BE DEFINITELY AT LEAST EIGHT FOOT HIGH FOR, UM, A VINYL'S FINE OR WHATEVER, BUT IT DEFINITELY SHOULD BE EIGHT FOOT HIGH VERSUS THE FIVE FOOT THAT EXISTS IN MY BACKYARD.

UM, IT MIGHT BE FIVE FOOT FIVE AND A COUPLE OTHER NEIGHBORS.

UM, AS FAR AS SIDEWALKS, UM, MCKINLEY, WHERE HIS PROPERTY ENDS, HE SHOULD HAVE TO CONTINUE THE SIDEWALK DOWN TO THE SIDEWALK CROSSWALK ON MCKINLEY AND UH, MILE STRIP.

THERE'S ONE SIDEWALK BAR THERE.

HE SHOULD HAVE TO CONTINUE THE SIDEWALK DOWN MILE STRIP.

ALSO, IT WOULD ONLY MAKE SENSE.

WHY DOES THE DOT HAVE TO PUT A SIDEWALK PORTION THERE? WELL, HE SHOULD HAVE TO CONTINUE THE SIDEWALK DOWN.

AND, AND THE BIG CONCERN IS THEY HAVE CLEANED UP THE PROPERTY AND I'VE BEEN VOCAL AND COMPLAINING ABOUT THAT.

BUT IF THEY WANNA SPEND MILLIONS OF DOLLARS ON A BUILDING, MAYBE THEY SHOULD.

THE PROPER ANSWER IS MAYBE THEY SHOULD EMINENT DOMAIN EVERY RESIDENT AFFECTED AND THEN THEY WOULDN'T HAVE A PROBLEM WITH A, A SKINNY LOT ANYMORE.

THAT'S WHAT WHAT I GOT DO.

WE HAVE USUALLY DON'T ASK QUESTIONS AT THE PUBLIC HEARING, BUT DO WE HAVE EVERYBODY THAT OWNS A LOT ALONG THAT FENCE HERE? YES.

I OWN 34 98.

OKAY, SO, SO ALL HOLD ON, HOLD ON.

LET ME JUST, SO EVERY PROPERTY OWNER THAT OWNS A LOT ALONG THAT FENCE IS HERE TODAY? OH, NOT ALONG THAT THREE OF US.

THREE, FOUR, WE DIRECTLY RIGHT BEHIND BE HUT.

OKAY.

WHERE, WHERE THAT THIS PROPOSED PROJECT IS.

OKAY.

THE THREE RESIDENTIAL HOUSES ARE ALL HERE.

AND SO YOU'RE ONE OF 'EM, YOU WANT AN EIGHT FOOT FENCE? I I WANT DEFINITELY IT SHOULD BE AN EIGHT FOOT FENCE, A BERM.

AND, AND ALSO ON THE BACKSIDE OF THAT BUILDING, IF YOU LOOK AT ONE OF HIS PICTURES, IF YOU PULL UP THAT PICTURE OF THE BACKSIDE OF THEIR BUILDING WITH THEIR PROTOTYPICAL DESIGN, SO ON THE BACKSIDE, UM, RIGHT THERE WHERE THAT LADDER IS, AND NOT ONLY IS THAT AN EYESORE, BUT SEE THAT DOOR, THAT DOOR'S GONNA HAVE A SIDEWALK PIZZA.

IT'S ALREADY 10 FOOT FROM MY PROPERTY LINE.

HE'S SAYING 13 FEET.

NOW LET'S DO THE MATH.

SIMPLE MATH SAYS A SIDEWALK PROBABLY HAS TO BE 48 INCHES BECAUSE IT'S PROBABLY GOTTA BE A HANDICAPPED DOOR AND THERE'S GONNA BE A SIDEWALK GOING TO A PARKING LOT OR SOMETHING.

SO LET, LET'S CALL IT WHAT IT IS NOW.

WE'RE NINE FOOT FROM HIS SIDEWALK, MY PROPERTY LINE.

AND IF THERE IS THIS SAID SWELL, HOW IS THAT GONNA BE HANDLED? WHERE'S THIS DITCH? THE SWELL MM-HMM .

THAT, THAT HE PROPOSES AND IT'S, UH, COMPLICATED AND REALLY ASPEN DENTAL SHOULD HAVE BEEN MORE INTERESTED IN TALKING TO THE NEIGHBORS AND SEE HOW WE FEEL IN THEIR PROPOSAL.

AND UH, YOU KNOW, WE SHOULDN'T HAVE BEEN BLINDSIDED BY LAST NIGHT BY THEM BEING TABLED ON THE 15TH MEETING THAT I WAS HERE FOR AND THEN GOING TO THE ZONING BOARD, TRYING TO SKIP YOU GUYS BECAUSE BY MY UNDERSTANDING OF THE LAW, HE WAS SUPPOSED TO COME HERE FIRST.

ANYTHING ELSE? NO, THAT'S WHAT WE GOT.

OKAY.

THANK YOU.

NEXT NAME AND ADDRESS IF YOU WANT TO, UM, BET CIDER.

BETSY RADO.

I LIVE AT 34 98.

I'M CLOSER TO THE PARKING LOT.

OKAY.

AND CLOSER TO MILE STRIP.

I'VE BEEN THERE 45 YEARS.

SO I'VE SEEN THE CUMMINGS AND GOINGS AND ALL THE DEVELOPMENT IN THE NEIGHBORHOOD AND, UM, HAS A PIZZA HUT.

BEEN THERE FOR 45 YEARS.

YES.

WHEN I MOVED IN THERE, WHEN I MOVED IN THERE 45 YEARS AGO, PIZZA HUT WAS THERE.

IT WAS ONLY PIZZA HUT AND MCDONALD'S, THE UAW CREDIT UNION AND I DON'T KNOW WHAT, AND IT USED TO BE A CAR DEALERSHIP ON THE OTHER SIDE OF PIZZA HUT, WHICH HAD CLOSED AND THAT WAS IT.

THAT WAS WHAT WAS THERE.

GET TO TODAY'S NUMBER.

[01:05:01]

BUT, UM, YEAH, UM, I'M, I'M INTERESTED IN THE SAME THING.

UM, BARRIER, A PRIVACY FENCE THERE.

AND WE DO HAVE PROBLEMS WITH DRAINAGE WHEN IT RAINS.

WE HAVE LIKE SWAMPS TOWARD THE BOTTOM OF OUR, OUR, UH, YARDS.

AND I DON'T KNOW IF YOU KNOW, IF THE GROUND IS HIGHER AT AND LOWER AT OUR HOUSE.

I, I'M NOT SURE, BUT THAT'S WHAT I'M MAINLY INTERESTED IS SOMETHING THAT WOULD CLEAR UP SOME OF THE DRAINAGE THERE.

AND A PRIVACY FENCE.

BY THE WAY, UNFORTUNATELY THE TOWN ENGINEER IS NOT HERE TONIGHT, BUT SHE WILL HAVE TO REVIEW ALL THE PLANS.

THEY'RE PROPOSING ALE, BUT IT'S UP TO THE TOWN ENGINEER TO DETERMINE WHAT WOULD BE THE BEST WAY TO ACCOMPLISH THE DRAINAGE.

BUT THEY'LL HAVE TO LOOK AT THAT ISSUE.

WE'LL RAISE IT TO THEM.

I DON'T WANNA SOUND, I DON'T KNOW WHAT ASWA IS.

RIGHT.

OKAY.

IT'S JUST LIKE A OH, OKAY.

UM, WHAT'S THE LIGHT? WHAT IS THE HEIGHT OF THE FENCE? THE FENCE NOW? WELL, WELL, WELL WE JUST SAID YOU WANT A PRIVACY FENCE? YEAH.

HOW TALL OF A FENCE ARE, ARE YOU LOOKING AT? NO LOWER THAN SIX FEET.

IF IT COULD BE EIGHT IT'D BE FINE, BUT NO THAN SIX FEET.

WHAT ABOUT TREES? SHOULD THAT TREE SO I HAVE SOME SOMETHING, SOME KIND OF WATER TOO, BECAUSE YOU KNOW THAT'S A PROBLEM THAT WHAT THE LIGHTING ON THE BACK OF THAT BUILDING TOO.

AND HOW'S THAT GONNA LIGHT INTO MY HOUSE.

WELL, ACCORDING TO TOWN CODE LIGHTING HAS TO BE DARK SKY COMPLIANCE.

SO IT SHOULD NOT LIGHT INTO YOUR F YARD THEN THAT, THAT WOULD BE THE TOWN LAW.

SO, OKAY.

THE NEXT PERSON PLEASE.

I'M JACKIE HAMILTON, AND THIS IS MY HUSBAND AND MARY.

WE LIVE AT 34 86 DICKENS ROAD.

AND, UM, I HAVE, I HAVE SOME SERIOUS CONCERNS WITH DRAINAGE.

UM, I BROUGHT SOME PICTURES OF, IS THAT OKAY IF I SHARE? IT'S OKAY IF YOU SHARE A PICTURE.

SURE.

OKAY.

SO THE FIRST PAGE IS, UM, THE FIRST LIKE LITTLE PART IS THE PICTURES OF MY BACKYARD AND THEN MY SHED THAT'S SINKING INTO THE GROUND WON'T OPEN ANYMORE.

THEN THERE'S A PICTURE OF THE FENCE, INTEGRITY OF THE FENCE, WHICH YOU ALREADY SAID IS BEING REPLACED.

BUT I ALSO TOOK SOME PICTURES.

UM, THIS IS, UM, MY NEIGHBOR'S YARD THAT'S NOT HERE.

SHE'S SICK, BUT THERE'S LIKE A, YOU CAN SEE THAT THE WATER'S ALL ALONG IN A BIG POOL HERE.

AND THEN THIS IS A FENCE BEHIND PIZZA HUT FROM THE NEIGHBOR NEXT TO HER.

SO THE TWO NEIGHBORS THAT AREN'T HERE, THEY LIVE ON THE, THEY LIVE ON THE SIDE OF US TWO, THEY LIVE ON THE OPPOSITE SIDE.

SO THEY'RE, THEIR YARDS ARE TWO DOWN AND THEN THEY, SO THEY'RE GETTING WATER TOO.

BUT I JUST WANNA SHARE MY BACKYARD.

I HAVE SERIOUS CONCERNS ABOUT THE DRAINAGE AND I'M NOT SURE IF THIS IS THE PLACE TO ADDRESS IT, I'M GUESSING IT SHOULD BE, BUT, UM, MY SON IS TWO, MY YOUNGEST SON IS TWO.

AND IF YOU LOOK AT THE PICTURES, UM, THAT ARE AROUND THE, UH, FIRST SIDE OF IT, YOU'LL SEE THAT THERE'S TWO TO FOUR INCHES OF WATER THAT'S IN MY YARD AT ANY GIVEN TIME.

UM, WE HAVE FOUR KIDS AND THEY USUALLY WILL GO OUTSIDE TOGETHER.

AND MY SON, I CAN'T LET HIM GO OUT THERE WITH HIS 12-YEAR-OLD SISTER BECAUSE I'M AFRAID SHE WON'T WATCH HIM WELL ENOUGH AND HE COULD SLIP.

AND FOUR INCHES OF WATER IS ENOUGH FOR A 2-YEAR-OLD TO DROWN.

UM, WE HAVE OUR WHOLE YARD FENCED IN SO THAT WE CAN PROTECT OUR KIDS, UM, TO MAKE SURE THAT THEY'RE SAFE.

AND, UM, IT'S JUST, THAT'S NOT, THAT'S NOT A GOOD THING.

WE CAN'T EVEN REALLY USE OUR YARD AT THIS POINT 'CAUSE IT'S NOT THAT BIG OF A YARD.

UM, SO I'M HAPPY TO HEAR ABOUT THE FENCE.

I'M CONCERNED ABOUT THE DRAINAGE.

IS OUR PROPERTY GONNA BE TIED INTO THAT DRAINAGE PLAN? HOW IS THAT GONNA WORK? UM, WE'VE BEEN LIVING THERE FOR THREE YEARS AND THIS HAS BEEN AN ISSUE.

SO, AND THEN I DO HAVE A PICTURE OF THE TREE BECAUSE I'M NOT GOING TO GET TOO MUCH INTO THE TREE.

'CAUSE I TALKED TO TIM AND HE, HE WAS EXPLAINING TO ME WHAT WE CAN DO THERE, BUT HE SAW IT WASN'T MAINTAINING THE SIDE OF THE TREE THAT GOES OVER THEIR BUILDING.

SO NOW THE TREE IS OVER THE BUILDING AND PEOPLE DON'T, I, IT TOOK ME TWO YEARS TO GET THE ELECTRIC COMPANY TO CUT THE BRANCHES OUT FROM THE POWER LINE SO THAT WE COULD REMOVE THE TREE.

THEY FINALLY CAME LAST FALL.

BUT NOW THERE'S PEOPLE, WE'VE HAD PEOPLE COME AND NOT WANT TO DO THE WORK BECAUSE OF THE, UM, LIABILITY WITH THE PART OF THE TREE HANGING OVER PIZZA HUT.

SO WE'RE KIND OF IN A TOUGH PLACE WITH THE TREE NOW TOO.

UM, BUT WE CAN'T OPEN OUR SHED.

I DON'T EVEN KNOW IF WE'RE GONNA BE ABLE TO GET OUR GRILL OUT THIS YEAR.

, THAT'S AS FAR AS IT'LL OPEN WHAT'S IN THAT PICTURE THERE.

AND DID YOU HAVE A PREFERENCE ON HEIGHT FOR THE FENCE? UM, I'M HAPPY WITH ANYWHERE FROM SIX TO EIGHT FEET.

ALRIGHT.

SO, AND TREES.

YEAH.

YOU SAY TREES PLANTED ON THAT SIDE? YEAH.

YEAH.

BUT I'M REALLY, MY MAIN FOCUS RIGHT NOW IS THE DRAINAGE BECAUSE MY SON, IT, I'M AFRAID FOR HIM, I, I DON'T HAVE A POOL 'CAUSE I'M AFRAID OF DROWNING.

SO TAMMY'S NOT HERE BUT TO, TO ADDRESS THE DRAINAGE.

THE WAY THE TOWN LAW IS, THEY'RE GONNA HAVE TO DESIGN THE DRAINAGE.

SO WATER FROM THEIR PROPERTY ISN'T INCREASING THE WATER ON YOURS.

THAT

[01:10:01]

DOESN'T NECESSARILY MEAN THAT YOUR YARD'S GONNA BE DRY 'CAUSE THAT WATER MAY BE COMING FROM SOMEPLACE ELSE.

I DON'T KNOW.

YEAH.

NOT AN ENGINEER.

BUT THEY CAN'T MAKE THE PROBLEM WORSE AND THEY CAN'T MAKE IT SO THEIR WATER DRAINS INTO OKAY.

YOUR PROPERTY.

SO IF THAT IS WHERE IT'S COMING FROM, THEN IT WOULD FIX IT.

BUT IF IT'S COMING FROM SOMEPLACE ELSE, YOU STILL HAVE THE PROBLEM AND THERE'S NOTHING THEY CAN DO ABOUT THAT.

YOU COULD THINK, BILL AND I DON'T ALREADY SAY THIS, IT MAY IMPROVE IT BECAUSE RIGHT.

THE SYSTEM THERE, THAT'S WHY I ASKED YOU ABOUT THE AGE OF THE BUILDING COULD BE NOT BEEN MAINTAINED AND NOW IS JUST, SO WITH THE PIZZA BEING THAT OLD, WHEN IT WAS BUILT, THAT WAS NOT THE LAW.

RIGHT? RIGHT.

SO THEY DIDN'T HAVE TO DESIGN THE DRAINAGE IN THAT MANNER WHERE WITH THE REBUILD THEY WILL.

SO HOPEFULLY IT WOULD IMPROVE IT, BUT WE CAN'T GUARANTEE THAT IT WOULD.

UM, AS FAR AS THE TREES GO, WE'VE GOT A SWALE THERE AND NOT A WHOLE LOT OF ROOM HAS BEEN POINTED OUT.

UM, THAT'S GONNA BE SOMETHING WE GOTTA TALK OVER WITH ENGINEER BECAUSE IF ENGINEERING, BECAUSE IF WE PUT TREES IN THE SWALE, THEY'LL DIE OR, OR THEY MAY MAKE IT SO THE SWELL DOESN'T OPERATE CORRECTLY AND THEN YOU'VE GOT FLOODING IN YOUR YARD.

SO, SO WE'RE GONNA HAVE TO, AND THE ONE BERM, YOU MAY NOT BE ABLE TO PUT A BERM BACK THERE THE TIME YOU PUT UP A TWO FOOT BURN WITH A TWO FOOT TOP AND YOU HAVE TO HAVE 4 0 1 5 SLOPES TO MAINTAIN IT.

YEAH.

THAT BECOMES A PROBLEM.

AND PLUS CERTAIN TREES DON'T LIVE ON BURNS IF THEY'RE NOT DONE CORRECTLY.

SO WE'LL LOOK AT THAT.

WHAT'S THE BEST WAY TO PLANT? RIGHT.

THE FIRM MAY NOT BE THE ANSWER 'CAUSE YOU'LL USE UP THE HOLE AND THEN YOU'LL CAUSE MORE FLOODING PROBLEMS BECAUSE THE WATER FLOOD.

SO WE'LL LOOK AT IT, BUT I THINK AS FAR AS PRIORITIES GO, IT'S DRAINAGE FIRST TREE SECOND.

AND IF I'M WRONG ABOUT THAT, THEN SOMEBODY CAN SEND ME AN EMAIL CORRECTED ME.

BUT, UM, WELL IT SOUNDED LIKE THERE'S A TREE CONCERN BECAUSE THERE'S A POWER LINE THAT RUNS ALONG THAT WHOLE FENCE.

YEAH.

SO WE HAD TO GET THE ELECTRIC COMPANY.

SO ADDITIONAL TREES HAVE AN ISSUE WITH THAT TOO.

YEAH, THAT MIGHT, TREES MIGHT BE, OH, THEY MAY NOT BE ABLE TO INTO POWER LINES THERE.

YEAH, POWER, POWER.

THAT TREE IS RIGHT UNDER THEIR LINES.

YEAH.

DOES HE PLAN ON GOING UNDERGROUND UTILITIES, UNDERGROUND POWER OFF BY THE EXISTING POLE? UH, RIGHT NOW THE PLAN IS, UH, ABOVE GROUND.

ABOVE GROUND PERIOD.

ALRIGHT.

UM, ANYTHING ELSE? UM, WHAT MY QUESTION, I ONLY HAVE ONE QUESTION AND THAT WOULD BE WHO WOULD BE, NOW IF THIS WHOLE, UM, IF THIS DOESN'T SOLVE THE DRAINAGE PROBLEM IN MY YARD, THEN WHERE WOULD, WHAT WOULD MY NEXT STEP BE? WHO WOULD I GO TO? I DON'T KNOW IF THERE'S A DRAINAGE PROBLEM.

IF I, IF I KNEW THE ANSWER TO THAT, MY, MY YARD WOULD BE LESS WET.

YEAH, IF THERE'S A DRAINAGE PROBLEM, EXISTING DRAINAGE PROBLEM, YOU CAN CONTACT THE TALENT ENGINEER'S OFFICE AND THEY CAN LOOK AT, IT COULD BE A BLOCK RECEIVER SOMEWHERE, IT COULD BE OTHER PROBLEMS OR WHATEVER.

OBVIOUSLY FOR THIS PROJECT THEY GET TO DO FULL REVIEW AND MAKE SURE THAT, AS BILL SAID, IT MEETS ALL MODERN STANDARDS AND IS NOT IMPACTING THE INTO PROPERLY.

SO.

OKAY.

THAT'S THE GOOD PART ABOUT THIS IS EVERYTHING NEW HAS TO BE BUILT IN NEW STANDARDS.

YEAH.

WHICH THE STANDARDS 45 YEARS AGO WERE NOT A LOT OF STORMWATER STANDARDS 45 YEARS AGO.

WHEN DO WE, WHEN WOULD WE HEAR AN ESTIMATED TIME FOR THE PROJECT TO START? WHEN WE'D HAVE TO WAIT TILL THIS IS ALL APPROVED OR NOT APPROVED AND THEN WE, WE WOULD'VE TO APPROVE IT.

THE DBA WOULD'VE TO GRANT THE VARIANCES AND THEN THEY WOULD HAVE TO GET FINAL ENGINEERING APPROVAL, WHICH SOMETIMES THEY TAKE A MONTH OR TWO AND THEN THEY APPLY FOR BUILDING PERMITS AND THEN I DON'T KNOW THEIR BUILDING SCHEDULE.

OKAY.

SO IT COULD BE 2024.

HOWEVER I DO KNOW.

OKAY.

UM, DON'T KNOW.

OKAY.

ALRIGHT.

ALRIGHT.

AND BY THE WAY, JUST ONE OTHER POINT REAL QUICK.

THE WHEN YOU'RE GONNA HAVE TO CALL AND PAY ATTENTION, THE PLANNING BOARD BY LAW THAT DOESN'T SEND NOTICES TO ANYBODY BECAUSE THE THEORY IS WHAT THE PLANNING BOARD SEES IS IN ACCORDANCE WITH THE LAW.

WE DON'T HAVE TO NOTIFY THE ZBA.

EVERYBODY SHOULD HAVE GOT A NOTICE WITHIN 500 FEET OF ANY VARIANCE.

'CAUSE THEY'RE NOT IN ACCORDANCE WITH THE LAW.

YOU HAVE TO NOTIFY NEIGHBORS WHEN YOU'RE DOING SOMETHING NOT IN ACCORDANCE WITH THE LAW.

SO THAT'S WHY THE ZBA SENT OUT NOTICE.

WE DON'T SEND OUT HER SO PAY ATTENTION.

YOU CAN CALL AND FIND OUT, BUT IT SOUNDS LIKE THEY'RE GONNA TABLE IT TO AN UPCOMING MEETING.

SO THERE'LL BE ANOTHER MEETING.

WHAT'S THAT? IT'S ALSO PUBLISHED IN THE SUN.

YES.

IT'S PUBLISHED IN THE SUN.

SO AGENDAS ARE ALWAYS PUBLISHED THERE.

AND THEY SHOULD BE ON THE WEBSITE.

HOPEFULLY SOME OF THE IT ISSUES ARE FIXED AND THAT WILL BE UPDATED A BIT MORE OFTEN.

UH, ANY OTHER PEOPLE THAT WANTED TO COMMENT ON THE ASPEN DENTAL PROJECT? ALRIGHT, FOR YOU CHECKING FACEBOOK? OH, NO.

OKAY.

SAW YOU DOING THE LAPTOPS.

I THOUGHT YOU WERE BEEN SHARING THE AGENDA ON FACEBOOK AS WELL.

JUST GIVES ANOTHER POINT OF CONTACT.

OKAY.

UM, FOR THE SECOND, THE ONLY COMMENT ON FACEBOOK IS REGARDING THE BENDERSON .

ALRIGHT.

UH, FOR THE SECOND TIME, ANYBODY WHO COMMENTS FOR OR AGAINST THE ASPEN DENTAL PROJECT FOR THE THIRD AND FINAL TIME, ANY OTHER COMMENTS ABOUT

[01:15:01]

THE ASPEN DENTAL PROJECTS BEING NO ADDITIONAL COMMENTS? I WILL AT THIS TIME CLOSE THE PUBLIC HEARING.

UM, SO, SO THE ZONING BOARD WANTS US TO MOVE FORWARD WITH OUR PROCESS BEFORE IT GOES BACK TO THEM.

DID THEY TABLE THIS TO MAY 2ND OR DID THEY TABLE IT GENERALLY? I THINK THEY TABLED IT RIGHT UNTIL THEY GET INPUT FROM BUDGET.

OR DID THEY PUT IT ON THE MAY 2ND AGENDA? I GUESS THEY DON'T KNOW IF THEY PUT ON ME SECOND.

OH, I'LL CHECK WITH BRAD.

YEAH, CHECK WITH BRAD ON THAT ONE.

UH, 'CAUSE I DON'T KNOW THAT WE'RE GONNA HAVE ALL THE ANSWERS BY THEN.

I MEAN, IT'S, IT'S LOOKING LIKE THERE'S A CONSENSUS AMONG THE PROPERTY OWNERS TO A FENCE TALLER THAN SIX FEET.

MAYBE EVEN AS TALL AS EIGHT FEET.

SO IN MY OPINION, IF THE PEOPLE ON BOTH SIDES OF THE PROPERTY LINE WANT A FENCE THAT TALL, THEN I GOT NO PROBLEM WITH A VARIANCE FOR A FENCE LIKE THAT.

UM, THE LANDSCAPING THING, I, I REALLY THINK WE SHOULD WAIT FOR ENGINEERING TO HAVE THE INPUT ON DRAINAGE BECAUSE I WOULDN'T WANNA APPROVE A PLAN THAT INCLUDES LANDSCAPING, THAT MESSES UP THE DRAINAGE AND MAKES PEOPLE'S YARDS WET AND KILLS THE LANDSCAPING.

SO I'LL, I'LL SEND AN EMAIL, WE'LL SEND AN EMAIL TO THE TOWN ENGINEER CONTACT INFORMATION SO THEY GET TOGETHER AND GO OUT AND LOOK AT THE SITE, SEE WHAT THE, DID YOU BEST, DID YOU, DO YOU HAVE A FULL DRAINAGE PLAN DONE ALREADY OR USUALLY JUST THE GRADING PLAN.

JUST THE GRADING PLAN.

OKAY.

YEAH, THAT'S GENERALLY WHERE YOU'D BE AT THIS POINT.

YEAH.

ALRIGHT.

SO I'D ALSO BE CURIOUS TO KNOW IF THERE'S ANY WAY TO DEVIATE FROM THE PRODUCTIVITY, EVEN A COUPLE FEET.

JUST I'D BE CURIOUS 'CAUSE THAT WOULD'VE AN IMPACT ON THE VARIANCE DISCUSSION AS WELL.

THEY GOT ONE THERE AND IT SPRAY IN WITH THE OTHER, IT'S RIGHT NEXT TO THE GAMEPLAY COURSE THING.

BILL IS IF THAT WHAT YOU SAW IN THE PICTURES, THAT POWER LINE RUNS RIGHT OVER THE FENCE.

AND THEN WE'RE TALKING ABOUT TREES.

AND THAT'S IN THE LANDSCAPING COMBO TOO.

I I I REALLY THINK PLANTING TREES THERE IS GONNA MESS UP THE DRAINAGE PLANT.

SO I I DON'T THINK TREES ALONG THAT FENCE IS A PRACTICAL IDEA.

IT MAY BE FARTHER DOWN WHERE THE PARKING LOT IS, IT'D BE BETTER.

BUT NEXT TO THE BUILDING WE'RE GONNA BREAK UP THE VIEW OF THE BUILDING.

I DON'T THINK THERE'S ENOUGH SPACE TO FIT IN ON THE DRAINAGE, BUT, BUT I'M NOT, I'M NOT THE ENGINEER.

RIGHT.

I WOULD THINK SO TOO THOUGH.

I MEAN MAYBE YOU INCORPORATE THAT INTO THE JURY CALCULATIONS.

COULD, THAT'S A CAMMY QUESTION.

SO WE'D LIKE TO ASK, WE'LL, WE'LL HAVE TO TABLE A TWO MEETING WHERE WE'VE GOT CAMMY SO SHE CAN WEIGH IN ON THAT.

UM, THERE MAY BE THINGS OTHER THAN A SWALE THAT COULD WORK.

I DON'T KNOW IF LIKE A, BECAUSE I'M ASSUMING YEAH.

CAN'T PLAY ENGINEER HERE.

NOT ALLOWED TO PLAY ENGINEER.

BUT I'M ASSUMING THAT THE NEW, THE NEW, AND I'VE SEEN IT ON THE DRAWING, THE NEW PARKING LOT WILL HAVE NEW RECEIVERS.

THE, THE RUNOFF FROM THE BUILDING WILL GO INTO THOSE AND THEN DISCHARGE INTO THE HIGHWAY DRAINAGE SYSTEM.

SO IT COULD ACTUALLY, IT COULD, YEAH.

COLLECTING ALL THAT AND TAKING IT AWAY, THEN YOU JUST HAVE AN AREA BETWEEN THE BACK OF THE BUILDING AND THE FENCE LINE.

HOW CAN THAT BE HANDLED? COULD BE RECEIVERS THERE.

YEAH.

YEAH.

MAYBE THERE IS A WAY TO FIT INTO, SO THAT'S, BUT THAT'S, IT'S A, IT'S A ENGINEERING QUESTION.

SO WE SHOULD PROBABLY STOP WASTING OUR TIME SPECULATING BECAUSE NONE OF US KNOW HOW TO ANSWER THAT QUESTION UNLESS ARE QUALIFIED TO.

OKAY.

YEAH.

UM, I I JUST WANNA REITERATE A COUPLE OF THINGS HERE THAT WE'VE DISCUSSED AND OVER DISCUSSED.

BUT I THINK THAT KEEP IN MIND THAT THIS PROPERTY HAS BEEN STANDING STILL FOR 45 YEARS WITH THAT BUILDING.

AND I THINK THAT THE RESIDENTS NEED TO REMEMBER THAT THIS IS GONNA BE BRAND NEW AND IT'S GONNA HOPEFULLY HAVE A POSITIVE IMPACT.

BUT THIS BOARD HAS NO WAY OF KNOWING THAT WE DON'T HAVE A CRYSTAL BALL.

I DO, UM, AFTER BEING SITTING ON A DIFFERENT ZONING BOARD IN A DIFFERENT STATE LOOKING AT THIS PIECE OF PROPERTY, AGREE THAT IT'S UNIQUE.

BUT I THINK THAT, UM, I WOULD LIKE TO PUT MY COMMENTS ON THE RECORD THAT THE SIZE OF THE BUILDING, UM, SHOULD BE LOOKED AT BY THE ZBA AND POSSIBLY LOOK AT A REDUCTION TO MINIMIZE THE IMPACT OF THOSE, UM, VARIANCES.

I THINK THAT THE VARIANCES TO GREAT TO THE RESIDENTS, I DON'T FEEL THAT, UH, ENOUGH ATTENTION HAS BEEN GIVEN TO THAT.

JUST BECAUSE IT'S A UNIQUE PIECE OF PROPERTY DOESN'T MEAN THAT WE SHOULD, SHOULD JUST THROW ANYTHING UP THERE AND STILL CREATE MORE PROBLEMS. I THINK THAT THE UM, NEW FENCE IS A GREAT IDEA, BUT I THINK THAT, UM, I, MY BIGGEST POINT IS THAT I THINK THAT THE ZBA NEEDS TO LOOK AT AN, AN ALTERNATIVE VIEW OF WHAT KIND OF BUILDING THAT THIS PETITIONER COULD BUILD AND IF THERE COULD BE SOME TRIMMING ON THAT BUILDING WITHOUT HAVING, WITHOUT SCRAPPING THE, UM, ENTIRE PROJECT.

AND IT HASN'T BEEN DISCUSSED.

IT HASN'T BEEN BROUGHT UP.

AND I THINK THAT, THAT, THAT DISCUSSION NEEDS TO TAKE PLACE.

SO I THINK WHAT YOU'RE ASKING IS YOU'RE ASKING FOR THE, THE, UH, DEVELOPER

[01:20:01]

TO PROPOSE A DIFFERENT BUILDING.

UM, 'CAUSE THE ZBA WOULDN'T JUST CHANGE THE SHAPE OF THE BUILDING.

NO, NO.

I'M NOT SAYING THAT THE ZBA A BUT THEY, THEY'RE, I CAN'T ASK FOR IT, BUT I THINK THAT THE ZBA SHOULD NO, I THINK YOU CAN, WE CAN WE AND I THEN THAT'S WHAT I'M GONNA RIGHT, THAT'S WHAT I THINK.

WE, WE CAN NOT GO BACK AND DESIGN ONE.

RIGHT.

AND YOU DON'T, AND THE SITE PLAN WON'T GET APPROVED.

I LIKE, I MEAN I NOT DOING THEIR JOB.

BUT IF THE BUILDING COULD BE ROTATED WITH THE FRONT OF THE BUILDING, FACING, FACING MCKINLEY, YOU GET A NARROW BUILDING AND YOU GET A GREATER SETBACK TO THE BUILDING.

BUT YOU WOULD LOSE SOME, A LITTLE BIT OF PARKING.

BUT CAN THEY LOSE A LITTLE BIT OF PARKING TO ROTATE THE BUILDING? SO IT LOOKS LIKE A BIG PARKING ALSO.

ALSO YOU GET, YOU DON'T GET THE SIDE OF THE BUILDING WITH THE FENCE, WITH THE LADDER AND WHATEVER ON IT.

YOU GET THE BACK OF THE BUILDING FACING THAT.

BUT COULD IT, COULD IT BE THAT WAY? YEAH.

SO ON ONE HAND THE RESIDENTIAL SETBACK, THE OTHER SETBACKS I THINK WE CAN WORK WITH AS LONG AS IT'S SAFE, RIGHT? SHOULD BE A 40 FOOT SETBACK AND IT'S 13 FEET.

THAT'S, THAT'S REALLY SMALL, BUT IT IS AN IMPROVEMENT TO THE EXISTING BUILDING.

SO IT IS AN IMPROVEMENT OVER WHAT'S THERE.

SO THAT'S, THAT'S A TOUGH CALL, RIGHT? UM, BUT IF WE CAN, IF WE CAN IMPROVE THAT NUMBER THEN IT MAKES IT A LESS OF A TOUGH CALL.

UM, I ACTUALLY MISSPOKE EARLIER.

I SAID 13 FEET FROM THE BUILDING.

UH, THE PARKING LOT.

NOT THAT SIZE IS 13 FEET.

THE BUILDING'S 1616 FROM THE BUILDING.

OH, OKAY.

WE GOT THREE EXTRA FEET ALREADY.

.

SO, ALRIGHT, ANYTHING ELSE? WHEN ARE WE GONNA RECOMMEND TO THE WE ARE NOT GONNA REC WE YEAH, WE'RE GONNA HAVE TO, WE'RE GONNA HAVE TO DO A LITTLE BIT MORE WORK ON IT.

SO THAT'S, THAT'S WHY I ASKED IF IT WAS COMING BACK ON MAY 2ND.

UM, YEAH AND I DON'T THINK JUDGING BY MR. CHEN'S EMAIL, WE'RE GOING TO, I THINK THEY WANT US TO DO THE SEEKER BEFORE THEY MAKE A DECISION ON THE REZONING, UM, ABOUT THE VARIANCES.

RIGHT? AND THEY ALSO WANNA MAKE SURE YOU DON'T DO LIKE, ROTATE THE BUILDING OR MAKE CHANGES WHERE THE VARIANCES ARE GONNA CHANGE ANYTHING WE'RE ASKING WHILE, RIGHT.

SO, SO WE GOTTA GET A LOT CLOSER TO BEING DONE AND THEN WE CAN SAY SO, SO WE, WE'LL, WE'LL EITHER GET TO A POINT WHERE WE SAY, HEY, WE THINK WE WE'RE COMFORTABLE WITH THIS AND HERE'S WHY.

OR WE'LL GET TO A POINT WHERE WE SAY, WE, WE DON'T THINK WE'RE COMFORTABLE WITH THIS SO, AND HERE'S WHY.

BUT I THINK THERE'S STILL POSSIBILITIES FOR US TO REACH AN AREA WHERE WE CAN BE COMFORTABLE WITH IT.

SO I DON'T THINK SO WE'RE NOT MAKING A RECOMMENDATION ONLY TODAY.

'CAUSE IT'D BE PREMATURE AND I'M SURE THEY ONE EXAMINED.

SO THAT BEING SAID, A SIMPLE LITTLE QUESTION.

YEAH.

DID WE DO A COORDINATOR REVIEW ON THIS ONE? UM, ALL IF WE DO A COORDINATOR REVIEW, THE PLANNING BOARD AND ZZBA HAVE TO MAKE THEIR OWN SECRET DECISION.

THEY'RE, THEY'RE THEIR OWN SECRET DECISION.

SO IF WE HAVE 30 DAYS TO THE NEXT MEETING, I COULD DO IT AT LEAST GET THE ZBA TO UNDERSTAND WE'LL MAKE THE SECRET DECISION FOR THEM.

'CAUSE A SETBACK VARIANCE DOESN'T REQUIRE SECRET, BUT A HEIGHT VARIANCE ON A FENCE.

RIGHT.

AS STRANGE AS IT SOUNDS, IT SECRETS.

WE'VE GOT 28 DAYS TILL THE NEXT RIGHT.

UNTIL THIS WILL BE ON HIS MEETING SO WE DON'T HAVE TO LEAVE VERY CLOSE ENOUGH.

YEAH.

30 DAYS DIRECTORY NOT MANDATORY.

ALRIGHT.

LIKE AN ATTORNEY.

SO WITH THAT BEING SAID, I'D LIKE TO MAKE A MOTION TO START A COORDINATED REVIEW FOR SEEKER REGARDING ASPEN DENTAL MANAGEMENT AND TABLE ASPEN DENTAL MANAGEMENT TO MAY 3RD, SECOND.

MOTION BY BILL, SECOND BY CINDY.

ALL IN FAVOR? AYE.

MOTION CARRIED.

WE'RE ASKING THE APPLICANT TO TRY TO ADDRESS SOME OF THESE ISSUES.

THEY HAVE TIME TO MEET WITH THE TOWN ENGINEER.

THEY HAVE TIME TO LOOK AT POTENTIAL CHANGES TO THE SITE PLAN THAT COULD IMPROVE IT BASED UPON THE COMMENTS HERE TONIGHT.

DO YOU HAVE ENOUGH DIRECTION ON THAT? YEAH, AND UM, IF WE CAN GET SOME, SOME ADVANCE NOTICE AHEAD OF TIME, WHETHER OR NOT CAMMIE'S GONNA BE HERE FOR THAT ONE BECAUSE I THINK SHE'S, YEAH, I THINK SHE'S ON VACATION.

THIS, THIS, YEAH, A LOT.

YEAH.

THE SCHOOLS ARE OUT, SO MAKES SENSE.

UM, SO THE ZONING BOARD MEETINGS MAY 2ND, UH, THIS MEETING WILL BE THAT MAY 3RD, SO THEY'LL PROBABLY TAKE YOU ON MAY BECAUSE WE WON'T HAVE YEAH, I MEAN YOU MIGHT AS WELL ASK TO BE TABLED OUT OF TIME AND NOT, AND NOT BOTHER GOING.

OKAY.

UM, BECAUSE, BECAUSE IF, YEAH, IF WE GET, IF WE, IF WE MAKE SOME CHANGES TO THE BUILDING OR IF YOU'RE ABLE TO MAKE SOME CHANGES, THAT'S GONNA IMPACT THEIR DECISION AND I, I SEE WHY THEY WANNA DO IT THAT WAY AND IT MAKES SENSE.

SO THEN I'D BE SEEKING APPROVAL ON THE PLANS FROM YOU GUYS ON THE THIRD GO BACK AND THAT JUNE DATE OR WHATEVER.

OKAY.

SORRY.

YEAH.

OKAY.

[01:25:01]

JUNE.

OKAY.

THANK YOU.

ALRIGHT, THANK YOU.

ALL RIGHT, NEXT ITEM ON THE AGENDA IS ALCHEMY SHORES REQUESTING REZONING OF PROPERTY LOCATED AT 3 7 8 0 HOOVER ROAD FROM M TWO LIGHT INDUSTRIAL TO MU ONE MIXED USE DISTRICT.

SO, DREW, A QUESTION I HAD IS SEEKER, ARE WE DOING SEEKER BECAUSE OF THE CHANGE IN THE TOWN LAW OR IS IS THE TOWN BOARD USE SEEKER BECAUSE THE RESULT, AND I, IF I HAVE THAT WRONG IN MY MEMO, IT'S THE TOWN BOARD THAT'S GONNA MAKE THE SECRET.

YOU'RE MAKING A RECOMMENDATION ON SECRET TOWN BOARD.

ALRIGHT, THANK YOU FOR THAT.

ATION EVERY DAY.

SO YOU'RE MAKING A RECOMMENDATION.

SO BECAUSE WE'RE GONNA MAKE A RECOMMENDATION TO THE TOWN BOARD ON SEEKER, THE PROCESS WE'RE GONNA USE, AND AT SOME POINT IN TIME BEFORE WE DO OUR RECOMMENDATION OF THE TOWN BOARD, WE'RE GONNA HOLD A PUBLIC INFORMATION SESSION TO GET INPUT FROM THE PUBLIC.

SO WE HAVE THAT INFORMATION BEFORE WE MAKE A RECOMMENDATION TOWN.

AND YOU'RE GONNA ISSUE A REPORT LIKE YOU DID FOR TWO YEARS AGO.

YOU'RE GONNA ISSUE A REPORT AND IN THAT REPORT YOU CAN SAY, HEY, WE RECOMMENDED AG DECK OR RIGHT.

WHATEVER.

RIGHT? SO, BUT WE'LL, WE'LL HAVE A PUBLIC INFORMATION SESSION BEFORE WE DO THAT REPORT.

SO SORRY ABOUT THAT.

GOOD TO GO? YEP.

ALRIGHT, PLEASE.

THANK YOU.

GOOD EVENING, GUYS.

MY, FOR THE, FOR THE RECORD.

IT SHOULD BE IN YOUR, I'M SORRY.

NO, YOU'RE GOOD.

THEY DID GET THEIR RECOMMENDATION FROM THE WATERFRONT ADVISORY COMMITTEE.

THEY DID THE WATERFRONT ASSESSMENT FORM AND DETERMINE IT WAS, UH, HAD COASTAL CONSISTENCY.

AND THAT RECOMMENDATION, THE TOWN BOARD WILL EVENTUALLY MAKE THAT OFFICIAL DECISION, BUT THE WATERFRONT COMMITTEE DOES ALL THE WORK AND DOES ALL THE PAPERWORK AND IS RECOMMENDED.

SO THAT'S PART OF OUR SECRET RECOMMENDATION THAT NOT IN IMPACTING THE WATER FUND.

SO THAT'S, SO, SO THE SHORELINE COMMITTEE MAKES THE ADVISORY OPINION AND THE TOWN BOARD MAKES THE FINAL DECISION.

YEP.

THAT, THAT'S CLOSER TO WHAT I THOUGHT IT WAS, IF THERE WAS SOME CONFLICTING INFORMATION EARLIER.

SORRY ABOUT THAT.

NO PROBLEM.

GOOD EVENING EVERYONE.

UH, MY NAME IS TJ MCINTOSH.

I'M HERE TO DISCUSS 37 80 HOOVER ROAD.

UM, IT IS EXISTING BUILDING 8,500 SQUARE FOOT, UH, WAREHOUSE THAT IS ON THE PARCEL NOW IS ZONED INDUSTRIAL M TWO.

AND WE ARE SEEKING TO GET A NU ONE, THE NEW ZONING DISTRICT, THE MIXED USE ZONING DISTRICT.

UM, WE WE'RE HERE THE FIRST MEETING WITH YOU GUYS, OBVIOUSLY I JUST DISCUSSED.

WE HAD, WE DIDN'T HAVE A SITE PLAN DONE YET AND WE PROVIDED THAT WITH, UH, TO YOU GUYS NOW.

SO IF YOU GUYS WANNA REFERENCE YOUR SITE PLAN NOW, IT'S THAT PAGE ONE.

UM, IT SHOULD BE PAGE ONE, BUT YOU SHOULD HAVE A LARGER COPY PROVIDED AS WELL.

EASIER TO READ.

UM, TO THE, TO THE, UH, NORTHWEST OF THE, OF THE PARCEL OF LAND.

THERE'S NEW LANDSCAPING THAT WE ARE HAVE ADJACENT TO OUR NEIGHBOR, TO OUR LEFT HAND SIDE HERE, THESE ARE SOME LOCUST TREES MIXED WITH SOME SCREWS, TREES.

UM, EVERY OTHER TREE ON THE PERIMETER OF THE PARCEL IS ALL EXISTING TREES.

UH, AS FOR THE, UH, PARKING LOT, WE ADDED SOME ISLANDS IN THE MIDDLE TO GIVE SOME GREEN SPACE TO NOT JUST HAVE A BIG, BIG PARKING LOT.

THERE IS 83 STALLS THERE.

SO IT GIVES US ABOUT, IT GIVES US A 1 25, UH, MAX CAPACITY INSIDE THE EVENT SPACE.

UM, WE HAVE FUTURE DEVELOPMENT UP ON THE LABELED UP, UP TOP HERE, BA THE BEACH.

WE, AT THIS POINT IN TIME, WE'VE DISCUSSED MANY THINGS THAT WE COULD, UH, USE AS THE PARCEL IS VERY, VERY BIG.

IT'S 3.23 ACRES.

SO WE'VE DISCUSSED MANY THINGS, WHETHER IT'S A RESTAURANT, WHETHER IT'S, UH, YOU KNOW, RESIDENTIAL USE OR IT'S, UH, COULD BE OFFICE SPACE OR WHAT, WHAT HAVE YOU.

WE JUST HAVEN'T GOT THAT FAR YET.

SO, UM, AS OF RIGHT NOW, WE'RE GONNA KEEP IT A FUTURE DEVELOPMENT AND WE UNDERSTAND THAT WE WOULD'VE TO COME BACK TO THE PLANNING BOARD TO DISCUSS THAT AT A FURTHER TIME.

UM, AS FOR THE AREA HERE AGAINST THE WATERFRONT, WE HAVE AN EXISTING CHAIN LINK FENCE THERE WITH A LOT OF, UH, BUSH AND, AND STUFF THAT'S BEEN OVERGROWN.

IT'S, IT'S, IT'S BEEN A VACANT AND WAREHOUSE FOR A YEAR, UM, AND SOME CHANGE AND, AND TO MY KNOWLEDGE, WELL TO, TO MY VIEWING, I FEEL THAT IT'S AS A STANDARD FOR A BEACH FARM PROPERTY.

IT WASN'T MAINTAINED TO ITS PROPER STANDARD.

UM, I FEEL THAT WE ARE IN DISCUSSION WITH THE DC WITH BETH, WITH, WHICH IS, UH, THE, UH, LOCAL DEC REPRESENTATIVE.

AND WE ARE DISCUSSING WITH HER EXACTLY WHAT WE CAN DO ON THAT PIECE.

THAT'S AGAINST THE WATER THERE.

UM, WATER THERE IS, UH, WE DISCUSSED A BOARDWALK TO HAVE A LITTLE, YOU KNOW, LITTLE NAU THEME BOARDWALK THAT COMES OUT IN THE MIDDLE HERE.

THERE IS KIND OF LIKE A BERM WHERE THE BEACH FLIES UP, UP HERE ON THE TOP.

AND WE WOULD BASICALLY COME FROM THE, FROM THE GRASS TO THAT, TO THAT SPACE.

UM, MY WIFE ANNE WILL BE DISCUSSING EXACTLY

[01:30:01]

WHAT WE'RE PLANNING ON DOING IN THE EVENT SPACE AND ON THE OUTSIDE AGAINST THE BEACH AREA.

HI, THANK YOU.

ANY QUESTIONS FOR TJ BEFORE I, ANYONE? SHOULD I CONTINUE? UM, MY NAME'S ANNE MCINTOSH.

I'M THE CURRENT CO-OWNER OF ALCHEMY WINE BAR.

UH, WE'RE, UH, 20 UNION STREET IN THE VILLAGE OF HAMBURG.

WE'RE GOING ON FIVE YEARS THIS AUGUST.

UM, THE REASON FOR THIS THAT WE PURCHASED THIS SPACE IS TO HAVE MORE SPACE FOR EVENTS.

UH, WE CURRENTLY POST OVER 75 EVENTS IN OUR EXISTING LOCATION.

WE'VE MAXED OUT, WE'RE AT MAX CAPACITY.

THERE IS DEFINITELY A NEED FOR ADDITIONAL EVENT SPACE IN THE SOUTH TOWNS.

UM, THAT IS MEDIUM SIZED.

UH, I HAVE 45 SEATS IN MY SPACE CURRENTLY.

AND THEN THERE'S A GAP BETWEEN WHAT I HAVE AND WHAT SOMETHING LIKE MICHAEL'S WHERE I HAD MY HAMBURG AT SCHOOL PROM, UH, HAS, SO THERE, THERE'S DEFINITELY A NEED FOR, FOR A, AN EVENT SPACE.

UM, THIS EXISTING BUILDING IS 8,500 SQUARE FEET.

WHAT I'M PROPOSING IS JUST USING HALF OF IT FOR 1,300 SQUARE FEET.

UM, FOR EVENTS LIKE BRIDAL SHOWERS, BABY SHOWERS, BIRTHDAY PARTIES, RETIREMENT PARTIES, END OF LIFE CELEBRATIONS.

UH, I GET ALL KINDS OF REQUESTS.

UM, BUT THAT'S WHAT I PROPOSED TO USE WITH THE SPACE.

IT IS MEANT TO BE AN INTERIOR SPACE.

WE DO HAVE 4.358, NO, THREE, 3.2, THREE ACRES OF SPACE TO USE, BUT I JUST INTEND TO USE THE INSIDE FOR THESE EVENTS.

UM, SO THAT'S THE, UM, THE USE OF THE INTERIOR SPACE, UH, TO TALK ABOUT THE OUTSIDE OF THE SPACE.

UM, I LIKE TO CALL THIS THE BACK LAWN.

AND THEN THERE'S A LOT OF BRUSH AND THEN THERE'S A BEACH.

SO I SEE, UM, ON THE NEXT PAGE I SEE, I'M SORRY, THE NEXT PAGE IS ACTUALLY THE DEC UM, POSTAL EROSION HAZARD AREA.

UM, LIKE TJ SAID, WE'VE BEEN IN TALKS WITH BETH ARD.

SHE'S OUR REPRESENTATIVE FROM THE DEC FOR OUR REGION.

UM, SHE PROVIDED THIS OVERLAY MAP FOR US.

AND AS YOU CAN SEE, WE'RE THE, UM, IT'S THE NEXT, WE'RE THE RED BUILDING.

WE OH, OKAY.

WE'RE THE RED BUILDING.

UM, THE OVERLAY MAP WHERE THE BLUE IS, IS THE COASTAL EROSION HAZARD AREA.

WE ARE NOT PROPOSING ANYTHING BEING BUILT IN THAT AREA AT THIS TIME.

SO, UH, THE, THE EVENT SPACE IS OUT OF THAT DEC COASTAL EROSION HAZARD AREA.

UM, IF WE DID DO ANY WORK, WE UNDERSTAND THAT WE NEED TO HAVE PERMITS FROM THE DEC.

THE ONLY THING RIGHT NOW THAT I CAN THINK OF IS A BOARDWALK THAT TJ TALKED ABOUT.

THE BOARDWALK WOULD BE ELEVATED.

IT WOULD BE REMOVABLE.

REMOVABLE.

IT IS NOT FIXED BY ANY MEANS, UM, ON THE SITE.

IT, IT SLOPES DOWN.

SO A ELEVATED BOARDWALK WOULD, WOULD BE RECOMMENDED, I GUESS, UM, TO ACCESS THE BEACH.

SO, UM, AGAIN, JUST A NOTE, WE, WE WOULDN'T BE APPROVING THAT DC, RIGHT? WE GAVE, WE THE TOWN GAVE UP THAT POWER YEARS AGO, GAVE IT BACK TO THE DEC SAYING WE DIDN'T HAVE THE EXPERTISE.

DEC WILL APPROVE THOSE TYPE OF THINGS LIKE BOARDWALK AND OTHER THINGS AND DOCK.

YEP.

SO WE DO HAVE A PERMIT PENDING SHOULD WE DECIDE TO DO THAT WITH THE DEC.

SO THE NEXT PAGE, UM, I HAVE THREE VISIONS OF HOW I WOULD SEE EVENTS HAPPENING.

UM, EXAMPLE ONE WEDDING CEREMONY, EXAMPLE, TWO TICKETED CLASS LIKE A YOGA CLASS, AND EXAMPLE THREE, THE NEXT PAGE, A PRIVATE OR PUBLIC EVENT.

SO I'LL WALK THROUGH, UM, EXAMPLE ONE, THE WEDDING CEREMONY.

UM, AND I JUST WANNA REITERATE, THERE ARE NO PERMANENT STRUCTURES OF ANY KIND PER DEC REGULATIONS AND GUIDELINES ON THE BEACH CHAIRS AND RECREATIONAL BEACH EQUIPMENT WOULD BE PLACED ONLY DURING THE TIME OF THE EVENT AND THEN STORED ON SITE IN THIS ADDITIONAL 4,200 SQUARE FOOT WAREHOUSE THAT WE'RE NOT UTILIZING FOR THE EVENT SPACE.

I JUST DON'T HAVE ENOUGH MONEY TO BUILD OUT 8,400 TOTAL SQUARE FEET.

I'M JUST DOING HALF.

THERE'S, UM, RACKS TO PUT TABLES, CHAIRS WITH A, A BIG SPACE.

SO, UM, TO, TO LOOK AT THE WEDDING CEREMONY, UH, I DID AN EXAMPLE, I JUST DREW IT WITH, UH, A PENCIL, PENCIL IN ERASER.

AND, UM, THIS IS WHAT I WOULD SEE A HUNDRED PEOPLE, UH, GATHERING ON THE BEACH TO HAVE THEIR WEDDING CEREMONY TO LOOK LIKE.

UM, IT WOULD BE IN THIS AREA RIGHT HERE.

I SEE FIVE ROWS AISLE, FIVE ROWS WITH AN ARCHWAY, WITH, WITH, WITH THE, UH, PASTOR OFFICIATE OFFIC OFFICIATING THE CEREMONY, UH, FACING THE BEACH AGAIN, REMOVABLE CHAIRS BROUGHT OUT AND TAKEN BACK AFTER THE CEREMONY.

UM,

[01:35:02]

I DO SEE WEDDING CEREMONIES HAPPENING ON SATURDAYS ONLY.

I, I DON'T, I'M NOT PREPARED TO GIVE EVERYBODY MY EXACT, UH, SCHEDULE OF HOURS OF OPERATION AND AND WHATNOT.

I HAVE NO EVENTS BOOKED FOR THE YEAR, SO IT WOULD BE TOTALLY PRELIMINARY.

BUT, UM, I DO THINK, UH, A SATURDAY BEACH WEDDING IS STANDARD IN THIS INDUSTRY.

SO EXAMPLE TWO, UH, WOULD BE A TICKETED CLASS, LIKE A YOGA CLASS OR, UM, BEACH CHAIR RENTALS FOR EXAMPLE.

TWO.

UM, SO I HAVE, UH, FOUR YOGA INSTRUCTORS, UM, ON MY CURRENT STAFF.

UH, I HAVE, UH, 14, UM, STAFF MEMBERS AT MY WINE BAR NOW WHO WILL BE ALSO WORKING AT BUFFALO CHAMPAGNE HOUSE, IF WE CAN OPEN THIS UP.

UM, FOUR OF THEM ARE YOGA TEACHERS, UM, CERTIFIED AND ALSO TEACH ALL LOCALLY.

AND THEY WANT TO RUN THEIR OWN TICKETED CLASSES ON THE BEACH 7:00 AM SUNRISE YOGA.

UM, SO ALL OF THESE ARE BEACH YOGA MATS.

THEY ARE OBVIOUSLY REMOVABLE.

THEY COME WITH THE INSTRUCTORS.

UM, IT WOULD BE PROBABLY A 45 MINUTE TO ONE HOUR CLASS TICKETED FREE TI TICKETS BOUGHT ONLINE, CAPPED BY ME AT, AT MY DISCRETION OF HOW MANY PEOPLE.

BUT, UM, IN THIS EXAMPLE, I THINK I HAVE ABOUT 25 YOGA NETS.

UM, AND THEN THE NEXT PAGE IS THE THIRD EXAMPLE OF, UH, HOW I CAN SEE THIS RECREATIONAL SPACE USED, UH, WHICH WOULD BE FOR PUBLIC OR PRIVATE EVENTS.

UM, I ALSO OWN A FLEET OF MOBILE WINE BARS.

UH, WE'RE CALLED THE BUBBLE BAR.

IT'S, UM, A MOBILE CHAMPAGNE TRAILER WITH PROSECCO AND ROSE ON TAP.

I NOW HAVE THREE.

WE GO TO PUBLIC EVENTS LIKE FARMER'S MARKETS, WEDDINGS, BACKYARD WEDDINGS, BABY SHOWERS, PEOPLE'S HOUSES, PUBLIC EVENTS, TASTE OF BUFFALO, ITALIAN BEST, WHATNOT.

THAT'S WHY I HAVE THREE NOW.

UM, SO ONE OF THEM I WAS THINKING ABOUT DEDICATING TO THIS SPACE RIGHT HERE NEXT TO OUR BUILDING.

UM, AGAIN, IT IS A MOBILE WINE TRAILER.

I HOOK IT UP TO THE BACK OF MY FORD EXPLORER AND HAUL IT AROUND.

UM, IT'S MOBILE.

I WAS THINKING ABOUT PUTTING IT ON THE BACKSIDE OF THE BUILDING WHERE WE HAVE POWER.

OTHERWISE I HAVE A GENERATOR.

IT'S KIND OF LOUD, IT'S INTERRUPTIVE.

UM, AND THEN AS YOU CAN SEE, I HAVE ABOUT 10 POP-UP PLASTIC TABLES AND CHAIRS.

AGAIN REMOVABLE ON THIS UPPER LAWN, UM, FOR PEOPLE TO STAND AROUND HIGH TOPS WHEN THEY'RE, UH, PURCHASING DRINKS AT THIS MOBILE BAR.

UM, SO REALLY THOSE ARE MY EXAMPLES OF HOW I SEE UTILIZING THE SPACE OUTDOORS.

AGAIN, UH, BUFFALO IS A, IT'S COLD SIX MONTHS OUT OF THE YEAR.

SO I DO SEE THIS SEASONAL, OBVIOUSLY OUTSIDE.

UM, JUST UTILIZING IT AGAIN PRIMARILY FOR EVENT SPACE.

BUT IN THE EVENT WE ARE NOT BOOKED, 'CAUSE I HAVE NOTHING BOOKED THIS YEAR, UM, I WOULD LIKE TO BE OPEN TO THE PUBLIC TO HELP OFFSET MY HIGH, UH, MORTGAGE PAYMENTS THAT I HAVE TO PAY.

UM, I'M JUST A PRIVATE INDIVIDUAL CITIZEN.

I LIVE ON PROSPECT AVENUE.

I DON'T HAVE DEEP TOPIC, ITS LIKE POSSIBLY BENDERSON OR MOND DENTAL.

SO I AM FUNDING THIS, UM, ON MY OWN.

WE ARE SEEKING ZONING, UM, FOR THE NEW ONE.

ALL RIGHT.

SO IT IS A, IT IS A, THEY'RE, THEY'RE ASKING FOR REZONING TO MIXED USE, WHICH PROVIDES THE POSSIBILITY OF A LOT OF DIFFERENT USES IN THE FUTURE DEVELOPMENT ZONE, WHICH WE'D HAVE TO FIGURE OUT AMONGST THE PLANNING BOARD HOW WE WANT TO DEAL WITH THAT IN A MEMO TO THE TOWN BOARD.

UM, SO THAT'S A, THAT'S A LITTLE BIT OF A WRINKLE THAT WE DON'T SEE ALL THE TIME.

IT'S ACTUALLY THE FIRST PROJECT THAT'S BEING PROPOSED UNDER THE TOWN'S NEWLY ADOPTED MIXED USE LAW.

AND I, I APOLOGIZE, I FOUND OUT LAST WEEK E CODE AND AND TOWN OF HAMBURG ONLY UPDATES E CODE TWICE A YEAR.

SO THAT MU ONE ZONING DISTRICT THAT WAS ADOPTED DOES NOT APPEAR IN THE CODE BOOK ONLINE.

THAT'S RIGHT.

SO WE'RE CURRENTLY HAVING THE IT PEOPLE PUT IT ON AS AN ASTERISK UNDER THAT.

HERE'S A COPY OF THE MU ONE DISTRICT THAT WAS ADOPTED.

YEAH, I HAVE A LIST OF USES OR TO ACTUALLY LOOK AT WHAT THE ALLOW USES ARE BECAUSE I DON'T WANNA HOLD YOU UP, BUT I DON'T KNOW HOW WE CAN DECIDE IF WE DON'T KNOW WHAT THE USES ARE.

NO, AND AND THAT'S A GOOD QUESTION.

UM, AND I SHOULD HAVE SENT YOU THE MV ONE DISTRICT HAS SPECIFIC THINGS THAT ARE ALLOWABLE USES, BUT THEN IT GIVES THE TOWN BOARD THE ABILITY, AND AGAIN, BASED ON YOUR RECOMMENDATION TO RECOMMEND OTHER COMPATIBLE USES FOR THE PROPERTY.

WHAT I'VE ASKED THE APPLICANT TO DO IS THE TOWN BOARD OR GIVES US THE ABILITY TO DO WELL

[01:40:01]

YOUR RECOMMENDATION THAT TOWN BOARD MAKES THE OPEN DECISIONS RE HOW REZONING.

YEAH.

RIGHT.

BUT IF IT WAS ZONED, SO, SO WHAT WOULD HAPPEN, RIGHT, IF THIS WAS REZONED TO MIXED USE, RIGHT.

AND THEN THEY COME BACK FOR THE FUTURE DEVELOPMENT PART, RIGHT.

IT'S NOT GOING BACK TO THE TOWN BOARD IF IT'S NOT LISTED, IT'S ALREADY REZONED.

RIGHT.

IF IT'S NOT LISTED AS AN, THAT'S WHY I'M ASKING THEM TO LIST THOSE POTENTIAL THINGS THAT COULD HAPPEN.

THE OUTDOOR USES IS SOMETHING THEY DEFINITELY WANT TO DO.

IF IT'S, IF IN FUTURE DEVELOPMENT IT'S SOMETHING THAT'S ALLOWED SPECIFICALLY UNDER THE CODE, THEY WOULD COME HERE FOR YOUR SITE PLAN.

EXACTLY.

YEAH.

BUT WHAT WE'RE SAYING IS IF IT'S A USE THAT'S NOT SPECIFICALLY LISTED, PLEASE LIST IT NOW BECAUSE OTHERWISE YOU'D HAVE TO GO THROUGH THE RESOLVING PROCESS AGAIN FOR THEM TO ALLOW OTHER USES.

SO I KNOW THE OUTDOOR USE OR HOW ABOUT, HOW ABOUT SOMETHING SIMPLER? PLEASE DON'T SUGGEST ANY USES THAT AREN'T ALLOWED IN MIXED USE IF YOU'RE ASKING, WELL THE OUTDOOR USE IS NOT AN ALLOWED USE.

WE'VE DETERMINED OUTDOOR EVENT USE IS NOT ALLOWED USE SPECIFICALLY LISTED, BUT THEY CAN ASK FOR IT BECAUSE IT'S UNIQUE TO THE PROPERTY.

OTHERWISE THERE'D BE OTHER PROPERTIES THAT OUTDOOR USES WOULD NOT BE APPROPRIATE.

IS THIS AN APPROPRIATE PLACE FOR OUTDOOR USE? THE CODE SAYS YOU CAN ADD APPRO OTHER APPROPRIATE USES TO THE M1 DISTRICT FOR OTHER ONES WOULD NOT MAKE SENSE TO HAVE.

I THINK THIS IS APPROPRIATE FOR OUTDOOR USE MY OPINION BECAUSE IT'S A WATERFRONT AREA.

THERE'S A BEACH THERE, THERE'S ALL THOSE OTHER, WELL, YEAH, I MEAN WATERFRONT ENHANCED USE WOULD BY ITS NATURE CONTEMPLATE OUTDOOR USE.

RIGHT.

AND THERE'S NOT ANY REALLY IN BUFFALO, I MEAN HOW MANY BEACH PROPERTIES ARE THERE IN BUFFALO? RIGHT.

THERE'S A LOT OF BEACH PROPERTIES BUT THERE'S NOT MANY THAT PEOPLE CAN YEAH.

PARTAKE.

JUST FOR THE RECORD FROM A GENERAL PLANNING PERSPECTIVE, WHEN WE ENTERTAIN THIS RE AS BILL KNOWS A PART OF THAT, THE NEW, THE COMPREHENSIVE PLAN EXISTS, THE NEW COMPREHENSIVE PLAN STATES THAT THESE OLDER INDUSTRIAL AREAS THAT ARE TRANSITIONARY YOU, YOU HAVE HEAVY INDUSTRIALS.

THIS IS A OLD INDUSTRIAL PIECE OF PROPERTY, A BUDDING, I'M SURE A BUNCH OF RESIDENTS HERE.

AND THEN YOU GET TO THE OLD DOCK OF THE BAY, WHICH IS NOW, DO I FORGET WHAT IT'S CALLED NOW, BUT IT'S NOT USED RIGHT NOW.

AND THEN YOU HAVE OUTDOOR RECREATION USES.

SO IT'S A MIXED USE AREA.

THAT'S WHY WE THOUGHT THIS WOULD BE PERFECT FOR THE NEW MU ONE DISTRICT.

IT PROVIDES A TRANSITION BETWEEN THE OLD INDUSTRIAL AREAS AND, AND PROVIDES SOMETHING THAT, THAT IS BETTER THAN INDUSTRIAL.

YOU DON'T WANT INDUSTRIAL IN YOUR WATERFRONT ANYMORE.

THAT WAS THE FIFTIES AND SIXTIES WHEN WE PLACED ALL OUR INDUSTRIAL IN THE WATERFRONT AREAS.

WE'RE TRYING TO SLOWLY REMOVE THOSE INDUSTRIAL AREAS THAT TRANSITION.

SO I JUST WANNA GIVE YOU THE BACKGROUND OF WHY WE SAID, HEY, THIS MAKES GOOD SENSE FOR THIS.

IT'S STILL FOR THE TOWN BOARDS OF RESOLVING.

WE'LL TALK ABOUT WHAT WE'LL RECOMMEND.

NO, BUT THAT YEAH, THAT THAT'S, THAT'S A, YEAH.

SO, SO THE QUESTION WAS WOULD BE RECOMMENDING MIXED USE AND SPECIFYING ADDITIONAL USES THAT MIGHT BE WHAT WE DO AND WHO MIGHT ULTIMATELY RECOMMEND SOMETHING DIFFERENT? WE UH, THAT'S ONE OF THE OPTIONS.

BUT IS THAT THE REQUEST YOU GUYS? YES.

OKAY.

THEY DEFINITELY WANT OUTDOOR USES.

LIKE OUTDOOR USES.

ANYTHING ELSE THAT ISN'T LISTED UNDER THE MIXED USE? NO.

OKAY.

RIGHT, SO JUST THERE'S TONS OF THINGS LISTED IN A MIXED USE.

YEAH, YEAH.

LOTS OF STUFF.

YEAH, WE, KATE WAS NOT HERE BUT WE WROTE IT.

YEAH.

SO , WE DON'T HAVE A COPY THERE.

MIXED USE.

YEAH, WE'LL HAVE TO GET YOU A COPY.

I MEAN I'VE GOT A DRAFT TOMORROW MORNING.

I WILL EMAIL EVERYBODY, THE END NEW ONE DISTRICT AND HOPEFULLY BY TOMORROW MORNING THEY WILL HAVE IT ON THE TALENT WEBSITE.

IT'S A BRAND NEW DISTRICT JUST WAS PUT IN PLACE IN FEBRUARY.

IT WON'T GO ONLINE UNTIL PROBABLY A FEW MONTHS FROM NOW.

MM-HMM .

OKAY, SO THE TOWN BOARD'S GONNA DO THE SEEKER BECAUSE THIS IS A REZONING, BUT WE'RE GONNA MAKE A RECOMMENDATION.

SO WE WANNA HAVE ALL OF THE INFORMATION.

WE WOULD NORMALLY HAVE TO DO A SEEKER IF IT COMES BACK, MAKE THE SITE PLAN.

WE'LL DO SEEKER ON THAT ANYWAY.

SO IT'S NICE TO HAVE IT UP RIGHT NOW.

UM, WHAT I ALREADY SAID, WE'RE GONNA DO A PUBLIC INFORMATION SESSION.

SO ASIDE FROM INPUT FROM THE PUBLIC, WHAT OTHER INFORMATION DO WE THINK WE NEED TO DO TO MAKE A RECOMMENDATION ON SEEKER FOR THE REZONING? I MEAN IT LOOKS LIKE YOU'RE INCREASING THE IMPERVIOUS SURFACE.

AVOID SIGNIFICANTLY.

IS THAT EXISTING PARKING LOT? IT'S PART OF AN EXISTING PARKING LOT.

THAT'S CORRECT.

BUT YOU'RE MAKING IT PART OF IT, BUT IT LOOKS LIKE YOU'RE EXPANDING RIGHT NOW.

IT'S CURRENTLY STOLEN.

IT'S CURRENTLY A STOLEN PARKING LOT.

OKAY.

ARE YOU GONNA PAVE IT CURRENTLY? RIGHT NOW WE'RE NOT UNTIL WE SPOKE WITH ENGINEERING.

MM-HMM .

SO ALLOW US TO KEEP IT STONE SO WE TO A PERMANENT AND FRANKLY THAT'S BETTER.

BETTER.

IT'S BETTER, IT'S BETTER FOR ROAD SALT AND IMPERVIOUS EVERYTHING.

ALRIGHT.

I MEAN IF WE'RE ALL ON BOARD WITH THAT, THEN

[01:45:01]

WE CAN MAKE THAT A CONDITION THAT IT IS THERE.

SORRY, IS THERE DIRECT ACCESS TO THE BEACH? YES, THERE IS.

YES.

ALONG THE THE BACKYARD THERE'S AN OPENING THAT YOU CAN GIVE RIGHT TO THE BEACH.

OKAY.

I THINK MY ONLY CONCERN THAT I HAVE ABOUT THE MIXED USE AND THE OUTDOOR, UM, USE, I THINK IT'S A GREAT IDEA THAT I WOULD WANNA HEAR FROM THE NEIGHBOR.

ALRIGHT.

ANY, WHAT'S YOUR CLOSEST NEIGHBOR, RIGHT JASON? RIGHT.

THERE'S ABOUT FIVE OR SIX THOUSANDS FROM US TO DO AMIGOS BILL, WE MAY HAVE PUBLIC HERE TONIGHT.

AGAIN, WE, WE DON'T HOLD AN OFFICIAL PUBLIC HEARING AND IF YOU WANNA GET SOME INPUTS ON THEM TONIGHT, I WANNA, I WANNA SCHEDULE OFFICIAL PUBLIC INFORMATION CENTER SHOULDN'T HAVE IT NOTICED.

WHAT? BECAUSE I THINK INFORMATION FROM THE PUBLIC'S GONNA BE IMPORTANT.

SO IF WE HAVEN'T NOTICED, THEN EVERYBODY KNOWS THAT THAT'S THE TIME WE'RE TAKING THE INPUT.

AND I MEAN, I WANNA LOOK AT THE CODE BEFORE WE MAKE YEAH.

A DECISION THAT'S WORDED TO ALL OF YOU RIGHT NOW, YOUR EMAIL ONLY JUST OPERATIONS, THE LEVEL OF TRASH IN THE WIND THAT ENDS UP IN THE LAKE FROM EVENTS ON THE COAST IS INCREDIBLY PROBLEMATIC.

SO JUST LIKE A PLAN FOR THAT, LIKE AFTER AN OUT OF HARBOR CONCERT, ALL OF THAT GARBAGE GOES RIGHT INTO LAKE.

YEAH, WE DEFINITELY, UH, LIKE ANNA WAS SAYING, WE PUT A LARGE INVESTMENT INTO THIS PROPERTY.

SO TO MAINTAIN IT AND KEEP IT CLEAN OF DEBRIS AND GARBAGE AS WE'RE TALKING, UM, IS IS DEFINITELY OUR NUMBER ONE.

WE DEFINITELY DON'T WANT PEOPLE TO COME TO A WEDDING AND HAVE PEOPLE COME TO A WEDDING WITH GLITTER FOR THE TABLES.

YES.

AND THEN THAT'S ALL GONNA BE MORE, LESS EFFECTIVELY.

TRY TO KEEP IN MIND THAT THEY NO UNDERSTAND THAT'S WHY THEY'RE WORRIED.

THE ARDUOUS PROCESS.

THIS IS SO TRY TO KEEP YOUR RECOMMENDATION TO BIG PICTURE THINGS FROM A ZONING, BECAUSE ONCE THEY GET THE REZONING, THEY GOTTA COME BACK HERE AND GET SITE PLAN APPROVAL WHERE YOU'RE GONNA GET INTO ALL THE NITTY GRITTY.

BUT IF THERE ARE BIG PICTURE ISSUES THAT THE TOWN BOARD NEEDS TO HAVE AS CONDITIONS, LIKE ALLOWING AN OUTDOOR USE BUT MAYBE PUTTING SOME LIMITATIONS ON IT.

THEY'RE SAYING THEY'RE NOT GONNA DO ANY, YOU KNOW, INTO THIS AREA.

BUT YOU COULD DO THAT.

SO AGAIN, YOUR JOB HERE IS BIG PICTURE RIGHT NOW.

THEY WILL HAVE TO RETURN TO YOU FOR SITE PLAN APPROVAL, BUT THAT'S WHY THEY PRODUCED THIS PLAN, SITE PLAN APPROVAL FOR THIS.

BUT I NEED THE REZONING FIRST WITH ANY CONDITIONS PLACED BY DOWNWARD DOWN BOARD MAY COME UP WITH OTHER CONDITIONS.

I DON'T KNOW.

UNDERSTAND THEY STILL HAVE TO COME BACK TO YOU AFTER THIS.

SO CAN WE PUT A RESTRICTION, NO FIREWORKS ON THE BEACH? SURE.

THAT'S AN INTERESTING REQUEST BECAUSE WE HAD THAT.

WELL, GOOD AND BAD PROBLEM UP HERE IN SOUTH PARK FOR THAT VENUE UP HERE.

WE HAVE COMPLAINTS.

THEY COME IN AND HAVE TO GET A PERMIT IF YOU WANT TO, IF THE DOWN BOARD WAS WILLING TO PUT THAT RESTRICTION, THEY CAN DO THAT.

ANYBODY CAN COME IN AND APPLY FOR, UH, A FIREWORKS PERMIT.

THERE'S RESTRICTIONS FOR WHATEVER.

UH, BUT YOU COULD MAKE THAT A CONDITION IF THAT'S WHAT YOU, IF THE TAB BOARD THOUGHT THAT WAS VERY IMPORTANT FOR THEM, FOR THE NEIGHBOR.

HAVE YOU HAD A COMMENT ON THAT? I HAVE NO USE FOR FIREWORKS.

THAT WOULD BE A REASONABLE CONDITION.

THERE YOU GO.

ALL RIGHT.

SO WHAT I WANT DO IS, SO ANY OTHER INFORMATION WE'RE GONNA NEED FROM OTHER SOURCES BEFORE WE MAKE OUR RECOMMENDATION? THAT'S MY QUESTION.

I DON'T KNOW IF WE FINISHED THE ANSWER TO THAT.

ALRIGHT.

YEAH, JUST A MOMENT.

OKAY, SO THEN I'M GONNA MAKE A MOTION TO SCHEDULE A PUBLIC INFORMATION SESSION ON MARCH MAY 3RD.

THAT'S SECOND.

IT'S A MOTION BY BILL, SECOND BY CINDY.

ALL IN FAVOR? MOTION CARRIED.

ALL RIGHT.

LET THE PUBLIC KNOW TOO.

YEAH, I YOU'RE GONNA HAVE A PUBLIC INFORMATION SESSION.

OKAY.

ONCE THEY MAKE A RECOMMENDATION TO THE TOWN BOARD, THE TOWN BOARD IS GONNA HOLD AN OFFICIAL PUBLIC HEARING WHERE THEY NOTIFY PEOPLE AND WHATEVER.

THAT'LL BE AN OFFICIAL PUBLIC HEARING.

THEN IF THE TOWN BOARD APPROVES THE REZONING, LIKE I SAID, THEN IT'S GOTTA COME BACK TO THEM.

WE'LL APPROVE THE SPECIFICS OF THIS PLAN.

SO IT'S, AS THEY UNDERSTAND IT'S AN ARDUOUS PROCESS.

NO ZONING IS AN ARDUOUS PRODUCT.

THANK YOU FOR THAT.

BILL.

HAVE ANOTHER, JUST ONE QUESTION.

MAY WE SEE SOME OF THESE INFORMATION? IS THIS OPEN TO THE PUBLIC? YES, IT SHOULD.

WE'RE GONNA MAKE SURE ALL THE TALK GO TO ACCOUNTS WEBSITE AND GO TO UH, MUNICIPAL DEPARTMENTS AND THEN UNDER MUNICIPAL DEPARTMENTS IS THE PLANNING BOARD.

CLICK ON THE PLANNING BOARD AND ALL THE STUFF IS SCANNED IN UNDER THE NAME OF THE, THIS WE JUST GOT TODAY.

SO IT'S NOT BUT IT BE, WE HAVE ONE MORE QUESTION.

[01:50:01]

YOU THE MICROPHONE HERE.

ALRIGHT.

NO, NO.

JUST ONE QUESTION QUICKLY BECAUSE WELL WE WANNA KNOW WHO HE IS.

OH, DREW RILEY AND THE TOWN PLANNER AND ROGER IS PLANNER.

I JUST WANTED TO HEAR ANY OTHER FUTURE QUESTIONS FOR DREW.

SHOULD BE WI TABLE UNTIL THE END OF THE MEETING.

NEXT ITEM ON THE AGENDA IS HAMBURG, LC.

APPRECIATE THANK YOU.

THANK YOU.

REQUESTING SKETCH PLAN DIRECTION ON A PROPOSAL TO CONSTRUCT A NINE UNIT MULTIFAMILY PROJECT AT 4 1 0 0 ST.

FRANCIS DRIVE.

WHILE RIGHT NOW NO, 6, 5, 6.

I HAVE ONE I'M GONNA HAVE TO ASK.

I HAVE CROSSING, UM, SO HAMBURG CROSSING AND I DIDN'T HAVE THAT ONE.

OH, I THOUGHT WE ONLY HAD ONE TABLE ON THE THIRD.

MINE SHOULD BE PLEASE.

I'M SORRY.

ALRIGHT, ARE WE READY? WE ARE READY.

.

UM, YES, GOOD EVENING.

CHAIRMAN CLARK AND MEMBERS OF THE PLANNING BOARD SEAN HOPKINS ON BEHALF OF THE APPLICANT.

I'M HERE THIS EVENING IN CONNECTION WITH THE PROPOSED REDEVELOPMENT OF PROPERTY LOCATED AT 4,100 ST.

FRANCIS DRIVE.

YOU'VE LOOKED AT THIS PROJECT PREVIOUSLY AND SO FOR PURPOSE OF TODAY'S MEETING, IT'S GONNA PROVIDE YOU WITH A BRIEF UPDATE.

AS YOU KNOW, GIVEN WHERE THIS PROJECT SITE IS LOCATED, IT DOES FALL WITHIN THE JURISDICTION OF THE TOWN'S SHORELINE REVITALIZATION COMMITTEE.

OBVIOUSLY THEIR ROLE IS IMPORTANT, BUT ADVISORY, UH, WE DID ATTEND THE VIRTUAL MEETING OF THAT COMMITTEE LAST THURSDAY EVENING.

RECEIVED SOME PRELIMINARY INPUT WITH RESPECT TO THIS PROJECT.

AND I DON'T WANNA SPEAK FOR THE COMMITTEE 'CAUSE ULTIMATELY YOU'LL RECEIVE RECOMMENDATION.

IT SEEMED LIKE THERE WERE NO CONCERNS OTHER THAN ONE ASPECT OF THE ELEVATION PLANS.

I DO WANNA NOTE THAT OBVIOUSLY YOU'VE ALREADY CONDUCTED OR BEGAN A COORDINATED ENVIRONMENTAL REVIEW OF THIS PROJECT PURSUANT TO THE STATE ENVIRONMENTAL QUARTER REVIEW ACT.

AS YOU'LL RECALL, INITIALLY THE ZONING BOARD OF APPEALS TOOK ACTION AND FURTHERANCE OF THAT.

THE PLANNING BOARD STEPPED IN AND SAID YOU'D PREFER TO BE THE LEAD AGENCY.

THE ZONING BOARD OF APPEALS CONCURRED WITH YOUR OPINION, BUT NOW THE 30 DAY COMMENT PERIOD FOR ANY INVOLVED OR INTERESTED AGENCIES TO EXPRESS OBJECTIONS AND THE PLANNING BOARD'S REQUEST TO BE THE LEAD AGENCY HAS EXPIRED.

THE ONLY SUBSTANTIVE SEEKER COMMENT THAT I'M AWARE OF THAT WE RECEIVED TO DATE WAS AN EMAIL THAT WAS PROVIDED BY DOT TO JOSH ROGERS WHO THEN FORWARDED TO US.

AND THEIR CONCERN WAS THAT BY ADDING THESE TOWN HOMES ON THE BACK, AND IT'S A NINE UNIT, TWO STORY TOWN HOME ON BACK OF THE VACANT GAS STATION IN CANOPY, THAT WE WOULD THEREBY BE CUTTING, CREATING A CUT THROUGH BETWEEN ST.

FRANCIS DRIVE AND LAKE SHORE ROAD, BOTH OF WHICH ARE SUBJECT TO THE JURISDICTION OF THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION.

SO WHAT WE'VE DONE IS WE'VE NOW ADDED A PROPOSED EMERGENCY GATE WITH A KNOX BOX AND ALL THAT SIMPLY MEANS IS THE ONLY ACCESS THROUGH THAT DRIVEWAY ALLOWING A CUT THROUGH, WOULD BE FOR EMERGENCY PERSONNEL ONLY.

IF YOU LIVE IN ONE OF THE TOWN HALL UNITS, YOU WILL ENTER AND EXIT ON LAKE SHORE ROAD.

AND THEN OF COURSE, IF AND WHEN THE OTHER SIDE OF THE SITE, WHICH IS AGAIN THE VACANT GAS STATION ON ST.

FRANCIS GETS REDEVELOPED, THAT WOULD HAVE TO COME BACK IN FRONT OF YOU SEPARATELY.

DOT HAD ONE OTHER CONCERN.

THE EXISTING VACANT GAS STATION BUILDING ON THE CONCEPT PLAN THAT CHRIS WOOD PREVIOUSLY OR SUBMITTED ACTUALLY SHOWED A SMALL BUMP OUT HERE FOR POTENTIAL DRIVE THROUGH WINDOW.

I THINK THAT WAS INADVERTENT THAT'S BEEN REMOVED.

THERE IS ACTUALLY NO PROJECT PROPOSED AT THIS POINT IN TIME IN CONNECTION WITH THAT SITE.

IF AND WHEN SOMETHING'S PROPOSED, OBVIOUSLY COMES BACK IN FRONT OF YOU, UH, FOR A FULL REVIEW AND APPROVAL.

FINALLY, I WANT TO NOTE, UM, A VERY IMPORTANT ASPECT OF THIS SITE IS BASICALLY ONE OF THE REASONS WE'RE SEEKING THIS REDEVELOPMENT IS IT ALLOW US TO

[01:55:01]

MOVE FORWARD WITH THE CLEANUPS OF SOME CONTAMINATION FOR SOME INPUT WE'LL RECEIVE FROM THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION.

SO BASICALLY WHAT WE'LL BE DOING IS CLEANING UP THIS SITE AND THEREBY USING THE TAX CREDITS IN CONNECTION WITH THE TOWN HOMES.

WE DO THINK IT'S AN EXCELLENT LOCATION, UH, FOR THESE UNITS.

AND AGAIN, YOU WILL NOT BE ABLE TO ISSUE A DECISION UNTIL YOU RECEIVE, UM, A RECOMMENDATION FROM A WATERFRONT REVITALIZATION COMMITTEE.

THE ONLY THING THAT I WOULD ASK YOU TO CONSIDER IS NOT THIS EVENING, BUT AT SOME POINT A NEARBY NEAR MEETING, FUTURE MEETING, UH, BEING A POSITION TO ISSUE A SECRET DETERMINATION.

AND I THINK QUITE CLEARLY WITH RESPECT TO THIS PARTICULAR SITE THAT CONSISTS OF A CONTAMINATED PREVIOUSLY DEVELOPED SITE, ISSUANCE OF A NEGATIVE DECLARATION IS THE APPROPRIATE UM, DECISION.

WITH THAT BEING SAID, UM, I'D WELCOME ANY QUESTIONS OR ANY INPUT THAT YOU MAY HAVE.

I DO WANNA ALSO SHOW YOU THE ELEVATION PLAN, THE ELEVATION PLAN FOR THE PROPOSED TWO-STORY TOWN HOME BUILDING, BUILDING PREPARED BY SUTTON ARCHITECTURE.

THE ONLY COMMENT RELATIVE TO THIS PROJECT WE RECEIVED DURING THE SHORELINE REVITALIZATION COMMITTEE MEETING LAST THURSDAY EVENING, MARCH 30TH, WAS TO TRY AND TAKE A LOOK AT THIS ELEVATION AND SEE IF WE CAN MAKE IT QUOTE UNQUOTE A LITTLE BIT MORE NAUTICAL THEMED MAYBE IN TERMS OF COLORS, EXTERIOR MATERIALS.

SO WE DID ADVISE THEM THAT PRIOR TO THEIR MEETING NEXT MONTH, WHICH PRESUMABLY WILL BE AT THE END OF APRIL, UH, WE'LL TAKE A LOOK AT THAT.

AND THAT'S IT STILL, I HAD ONE IMPORTANT QUESTION I I READ, I THOUGHT I WAS SURPRISED WHEN I SAW THE PLAN THAT THE DOT WAS INFERRING YOU REVIEWED THE ENTRANCE ON OFF OF LAKESHORE, MAKE THE ENTRANCE ONLY ON SOUTH ON ST.

FRANCIS AND NOT, AND NOT OKAY THE BLOCK OFF THAT THEY'RE REALLY GONNA ALLOW YOU TO HAVE AN ENTRANCE.

WELL, WE WE'RE TRYING TO LIMIT THE ACCESS ON ONTO LAKE SHORE.

SAY THAT AGAIN DREW, I JUST WANNA, I I THOUGHT THEY WERE INFERRING THAT THEY WANTED YOU TO REMOVE THE ENTRANCE ON LAKE SHORE AND ONLY HAVE AN ENTRANCE ON ST.

FRED.

THEY'RE TRYING TO LIMIT CURB CUTS ONTO THAT HIGHWAY THERE.

YEAH, WE'LL SEE, THIS IS AN UPDATE SUBMISSION.

THIS IS WHAT WE WOULD PROPOSE WHAT ON THE, WE WOULD PROPOSE TO AGAIN HAVE THE EMERGENCY ACCESS GATE AND ONE DRIVEWAY ON THE LAKE SHORE JUST FOR THE NOUN NINE TOWN HOMES AND THEN LEAVE THE DRIVEWAY ON THE ST.

FRANCIS FOR THAT FUTURE REDEVELOPMENT PROJECT.

AND THAT WOULD BE ACCEPTABLE.

BUT I WELL NO WE HAVEN'T, WE HAVEN'T HEARD THAT, BUT I HAVE A FEELING THEY'RE GONNA TELL YOU NO, YOUR ENTRANCE SHOULD BE ON THE ST.

FRANCIS.

YEAH, WE'LL, WE'LL HAVE TO SEE OBVIOUSLY WHAT DOT SAYS, WE JUST MADE THIS UPDATED SUBMISSION LAST WEEK AND I I, I KNOW WHEN I TALKED TO IN THE PAST, THEY'RE TRYING TO LIMIT IN CURB CUTS ON, RIGHT.

I THINK EVERYONE CAN UNDERSTAND WHY WE PROBABLY DON'T WANT THESE NINE BRAND NEW, VERY EXPENSIVE COUNT HOME UNITS TO BE THEIR SOLE ACCESS TO BE THROUGH A VACANT GAS STATION.

KIND LIKE OUR BIG UP THE SOURCE SUBJECTS, KIND LIKE THE DOLLAR GENERAL, THEIR THEORY IS THAT IF YOU ACCESS ONTO A SIDE ROAD OR WHATEVER THEY WON, DON'T WANT SO TO SAY THAT'S WHAT THEY THE DOLLAR GENERAL BECAUSE OF THE, THEY'RE TRYING TO, THEY'RE THEY'RE GONNA PUSH.

YEAH, WE'LL, WE'LL OBVIOUSLY SEE WHAT THEIR FEEDBACK IS.

AND AGAIN, I DO WANNA NOTE THE GOAL IS TO ACTUALLY REDEVELOP THE SITE DESK UNTIL WE HAVE A USER.

WE JUST DON'T WANT TO THROW SOMETHING OUT THERE.

IT'S NOT, WE DON'T KNOW WHAT IT IS, BUT THE GOAL IS TO ACTIVELY MARKET THAT, AS YOU CAN TELL, NOT THE MOST COMPATIBLE LAND USES TO HAVE THESE BRAND NEW TOWN HOMES NEXT TO A VACANT AND LARGELY DILAPIDATED GAS STATION.

I'M LOOKING RIGHT IN DREW, UM, WHO IS HE? PARDON? WHO IS HE WHO WAS LOOKING AT DREW AND THEN I'M DREW.

UM, DIDN'T WE HEAR FROM PREVIOUSLY OR FROM DEC OR SOMEBODY THAT IS PART OF THE PCP, THEY WANT YOU CLEANING UP THE WHOLE SITE AND SHOOTING THE GAS STATION SIDE.

SO THE THE WHOLE SITE.

YES IT IS.

THANK YOU FOR CLARIFYING THAT.

YES, IT IS FOR THE WHOLE SITE, RIGHT? IT IS TO CLEAN THE WHOLE SITE.

AND SO THE GAS STATION THEN WILL BE, NO, WE DON'T HAVE TO REMOVE THE GAS STATION TO EFFECTUATE THE DEC CLEANUP.

OKAY, THANK YOU.

VERY CLARIFICATION.

AND I DO REMEMBER THIS IS A USE STRATEGY.

YOU'RE ASKING FOR A USE STRENGTH DOES DOES NOT ALLOW USE ON THE PROPERTY AND WE DECIDED WE WANT TO DO SEEKER FIRST BEFORE THE ZBA ACTS ON THE USE AREA RIGHT WITHIN THE WATERFRONT.

COMMERCIAL DISTRICT RESIDENTIAL USES ARE VERY LIMITED.

I THINK THE ONLY USE THAT PERMITTED IS A CONVERSION OF AN EXISTING RESIDENTIAL STRUCTURE INTO A DIFFERENT RESIDENTIAL USE.

THE OTHER QUESTION THAT CAME UP ON OUR LAST HERE, AND I JUST WANNA MAKE SURE WE POINT THIS OUT, WAS WHETHER OR NOT THIS WAS IN THE ROUTE FIVE OVERLAY DISTRICT.

AND BELIEVE IT OR NOT, THAT IS THE ACTUAL LINE OF THE ROUTE FIVE OVERLAY DISTRICT.

SO THREE AND THREE QUARTERS OF THE UNITS ARE IN THE OVERLAY DISTRICT AND THE REMAINDER IS NOT.

WITH THAT BEING SAID, AS PART OF A FUTURE SUBMISSION, WE'LL ADDRESS THE CRITERIA SPECIFIED IN THE CODE.

THAT WAS SOMETHING THAT, UM, MR. MCCORMICK HAD ASKED US TO DO.

ANY OTHER COMMENTS FROM OR COMMENTS OR QUESTIONS? UM,

[02:00:01]

SO WE'RE DOING SEEKER ON THIS BEFORE THERE'S A USE VARIANCE AND THEN AFTER USE VARIANCE SITE PLAN COME BACK IN FRONT OF YOUR SITE PLAN.

RIGHT? WELL IS THIS, ARE THESE ACTUAL TOWNHOUSES BY THE TOWN CODE? NO, THESE ARE NOT TOWN HOMES FOR SALE UNDER THE TOWN CODE.

THESE ARE FOR LEASE TOWN HOMES ARE SUBDIVISION.

IT'S NOT, THESE ARE SO MULTI-FAMILY UNITS AVAILABLE FOR SALE.

THESE ARE MULTI-FAMILY UNITS AVAILABLE FOR LEASE, THEREFORE DOES NOT FOLLOW IN THE DE OKAY.

IT'S LEASE FOR LEASE.

OKAY.

THEY'RE NOT NOT GONNA BE HOME OWNERSHIP.

NO, THESE ARE FOR LEASE.

OKAY.

SO THE MAKE, IS THERE ANY OTHER INFORMATION FROM ANY OTHER SOURCE THAT WE WOULD NEED BEFORE WE COULD MAKE A SECRET DECISION? SO WE START, I'M STRUGGLING WITH THE ENTRANCE OFF OF ROUTE FIVE AND NOT ON FRANCIS DRIVE BECAUSE I THINK THAT IF THAT DOESN'T GO THROUGH THEN IT CHANGES THINGS.

YOU HAVE THE ENTRANCE OFF OF FRANCIS DRIVE INTO THOSE CONDOS, THEN SOMETHING'S GONNA HAVE TO BE DONE WITH THAT FRONT PROPERTY TO ENHANCE THE ENTRANCE OF THE PROPERTY.

SO WHAT'S THE PLAN? IF THEY SAY NO TO THE CURB CUT ON LAKESHORE, WELL THEN OBVIOUSLY WE'RE GONNA HAVE TO DECIDE WHICH WAY WE WANNA GO.

UM, OBVIOUSLY THIS PARCEL GETS REDEVELOPED THE GAS STATION SIDE OF THE SITE FOR COMMERCIAL USE.

YOU KNOW, AGAIN, IT'S A REVERSE PROBLEM, RIGHT? HAVING ACCESS FROM LAKE SHORE IS NOT GONNA MAKE THAT A VERY VIABLE REDEVELOPMENT SITE.

RIGHT? IS IS REMOVAL OF THE EXISTING DILAPIDATED GAS STATION SOMETHING THAT'S BEING CONSIDERED? NOT AT THIS TIME.

I WOULD'VE TO DISCUSS THAT WITH MY, WITH MY CLIENT BECAUSE AGAIN, UM, IF SOMEONE CAN REU UTILIZE THAT BUILDING, THAT WOULD BE THE PREFERRED COURSE OF ACTION.

OBVIOUSLY IT'S GONNA NEED SOME SUBSTANTIAL IMPROVEMENTS.

SO IF KAY WERE HERE, SHE'D WANNA WALK THROUGH PARK TWO THE AF, BUT LET'S TALK ABOUT THE BIG PICTURE ISSUES IN THE PARK.

TWO, THE A, UM, I ELSE WHERE DEVELOPMENT DEVELOP LEASE PROPERTY FOR HOUSING.

YEAH.

I HAVE A TON OF LOCATIONS DOWNTOWN DENNIS OR SOME IN AMHERST.

YEAH, THERE ARE A LOT.

I MEAN SOME IN WEST SENECA.

I COULD GET YOU A LIST OF THOSE.

YEAH, BECAUSE I'D LIKE TO LOOK AT IT.

YEAH, YOU'LL SEE SOME VERY NICE PRODUCT THAT THEY'VE DELIVERED.

REMEMBER THEIR JOB BEFORE THE ZONING BOARD OF APPEALS FOR USE VARIANCE IS TO PROVE THAT THEY CAN GET NO REASONABLE ECONOMIC RETURN PROPERTY.

THAT'S ONE OF THE FACTORS THAT THEY HAVE APPROVED.

SO, UM, NO, I JUST SAY SHE SHALL PROPERTY.

YEAH.

SEE SOME OTHER THINGS THAT'S FACT.

THEY HAVE TO PROVE THAT.

YEAH.

AND IF ANYONE ACTUALLY WANTED TO VISIT ANY OF THEIR PROPERTIES, WE COULD CERTAINLY ARRANGE THAT.

YEAH.

SO THAT EF UM, THE ISSUES, I MEAN THE WATERFRONT ISSUES, THE WATERFRONT COMMITTEE HAS GOTTA MAKE THE RECOMMENDATION ON, ON COASTAL CONSISTENCY, UM, PUBLIC UTILITIES AND STUFF THAT WILL BE, UH, THE TALENT ENGINEER BASICALLY SAYING THOSE EXISTING IES.

I'M SURE THEY'VE LOOKED INTO THAT.

THE ISSUE IS MORE ABOUT, I THINK THAT WAS SOME OF THE QUESTIONS YOU WERE RAISING.

COMMUNITY CHARACTER PERFORMANCE OF THE COMP PLAN.

IT, IT PRETTY MUCH, I LOOKED AT THE COMPLI.

THERE'S NO SPECIFIC RECOMMENDATIONS IN THIS AREA, BUT WE DO TALK ABOUT TRANSITIONING OF OLD COMMERCIAL USES INTO THE WATERFRONT AREA.

REMEMBER, IT'S NOT SOMETHING THAT WE WANNA SEE GAS STATIONS AS ABOUT TYPICALLY ALONG OUR WATERFRONT.

SO IT IS KIND OF A NICE CONVERSION FROM THAT STANDPOINT.

BUT COMMUNITY CHARACTER JUMPED OUT AT ME AT ALL.

THE ISSUE THESE SEAT HAD HAD, WE'RE NOT IMPACTING FLOODPLAIN, THERE'S NO WETLANDS, IT'S AN EXISTING DISTURBED PROPERTY.

WE'RE NOT CREATING ADDITIONAL, UH, IMPERVIOUS AREAS.

OBVIOUSLY THEIR DESIGN IS GOING TO HOPEFULLY IMPROVE THE DRAINAGE AND BRING IT TO MODERN STANDARDS.

ARE THERE ANY OTHER ISSUES THAT YOU WANT US TO LOOK? AND I'M GOING THROUGH THAT SAYING, DO YOU NEED ANY OTHER INFORMATION FOR YOU TO MAKE A SECRET DECISION ON, ON THIS COMMUNITY CHARACTER? DO YOU NEED THEM? THEY'RE GONNA PRESENT A LITTLE BIT BETTER SCHEME OF WHAT THE BUILDINGS ARE GONNA LOOK LIKE FROM ROUTE FIVE, WHICH IS OUR, WHICH IS, YOU KNOW, IS THE SEAWAY TRAIL, THE NATIONAL, YOU KNOW, SEAWAY TRAIL.

THAT'S WHY WE HAVE, UH, THINGS ABOUT, UH, KIND NAUTICAL THEMES OR SOMETHING AT LEAST MATCHES THE CHARACTER OF THAT AREA, TRYING TO IMPROVE THAT, THAT AREA.

UM, ANY OTHER THINGS? AGAIN, I'M TRYING TO JUST GO THROUGH AND SAY, DO YOU NEED ANYTHING ELSE FROM THEM SO THEY CAN MAKE THAT DECISION? YOU CAN MAKE THAT DECISION.

MOVE IT BACK TO THE ZBA BECAUSE DA THAT THE DECIDE ON THE USE EXPERIE, IF THEY DON'T GET A USED EXPERIE, THE PROJECT IS DEAD.

AND THEN WE'D ST STILL TO COME BACK TO YOU FOR SITE.

IF THEY GET THE USE EXPERIENCE, THEY COME BACK FOR SITE PLAN.

RIGHT.

SO, SO SIMILAR TO LAST PROJECT, WE DON'T HAVE TO GET INTO THE NITTY GRITTY AT THIS TIME, UM, THE DESIGN, BUT WE STILL HAVE TO GO OVER THE BIG PICTURE ASPECTS.

AND AS FAR AS COMMUNITY CHARACTER GOES, UM, WHAT, WHAT WAS, WHAT WOULD YOU SAY WHEN THERE'S SOMETHING PROPOSED THAT THE, THE ZONING IS THE PLAN FOR THE CHARACTER.

THERE'S SOME, SOME TYPE OF SAYING FOR THAT, AND

[02:05:01]

THIS IS WATERFRONT COMMERCIAL.

SO WE, WE'VE GOT SOME QUESTIONS ABOUT COMMUNITY CHARACTER THAT WE'RE GONNA HAVE TO ANSWER AND I DON'T KNOW WHICH WAY WE WANT TO GO, BUT THAT'S, THAT'S SOMETHING THAT'S ON THE TABLE THAT WE'RE GONNA HAVE TO DISCUSS AND HAVE A DISCUSSION ON THE RECORD ABOUT.

SO WHAT I CAN DO, BILL, IT SOUNDS LIKE, IS THAT, IF YOU DON'T MIND IF WE DO THIS, WE'LL COMPLETE PART TWO OF THE AF AND PUT TOGETHER, BASED UPON THE INPUT WE'VE SEEN PART THREE, I'M JUST ASKING, MAKING SURE THAT WE HAVE ENOUGH INFORMATION TO PRESENT YOU AT THE NEXT MEETING SO YOU CAN MAKE A SECRET DECISION.

I I THINK YOU HAVE ENOUGH INFORMATION TO PUT TOGETHER THE PART TWO AND THREE.

OKAY.

UM, AT THE, THE NEXT TIME WE HAVE THIS, UM, SIX THINGS ON MAY 3RD ALREADY.

AND SEAN, IF YOU GET AN ANSWER ABOUT WHAT I THINK THAT I'LL FOLLOW UP.

YEAH, YEAH.

YOU'RE, THAT, THAT AFFECTS TRANSPORTATION AND THE AESTHETIC.

NO, THAT'S A GOOD POINT.

LET'S GET, LET'S GET THEIR FEEDBACK.

OBVIOUSLY THE STATE HIGHWAYS, TO THE EXTENT WE NEED TO MAKE AN ADJUSTMENT, WE ALL, AND WE'LL MAKE AN UPDATED SUBMISSION AND IF, IF TO GET THE USE VARIANCE, YOU HAVE TO PROVE THAT IT'S, THERE'S NO VIABLE COMMERCIAL USES, THEN I DON'T SEE HOW YOU COULD SAY IN THE FUTURE YOU MIGHT REUSE THAT BUILDING FOR COMMERCIAL.

FOR COMMERCIAL.

RIGHT.

RIGHT.

SO I THINK, AND THEN BEING THAT THEY'RE INCONSISTENT, THE, THE GAS STATION USE AND RESIDENTIAL USE DON'T GO TOGETHER.

REMEMBER, IT WOULDN'T BE A GAS STATION.

IT CAN'T BE RIGHT.

SO JUST AS DREW INDICATED, THE USE OF THAT PARTICULAR PROPERTY AS A GAS STATION IS NO LONGER PERMITTED PER THE CODE AND IT'S VACANT.

SO IT CANNOT BE REOPENED AS A GAS STATION AT THE WATERFRONT.

COMMERCIAL DISTRICT DOESN'T HAVE THOSE TYPE OF USES.

RIGHT.

THE WATERFRONT DEPENDENT, THE WATERFRONT ENHANCED FOR IT NOT TO BE FINISHED.

RIGHT.

WHAT DID YOU SAY? I SAID HOW CAN IT BE COMMERCIAL IF THE FUTURE PLAN IS COMMERCIAL ON THAT PIECE OF PROPERTY.

BUT WHERE DOES THE VARY? I DON'T UNDERSTAND HOW THE VARIANCE, THE USE VARIANCE IS BECAUSE UNDER THE CURRENT CODE WE CAN'T, THIS IS NOT PERMITTED.

THEY CAN CONVERT EXISTING STRUCTURES TO RESIDENTIAL, BUT THEY CAN'T QUOTE UNQUOTE CREATE NEW RESIDENTIAL STRUCTURES.

RIGHT.

SO UNDER THE CODE YOU COULD ACTUALLY TAKE THAT GAS STATION.

SO THIS WOULD NEVER HAPPEN AND CHANGE IT TO A RESIDENTIAL USE.

RIGHT.

BUT YOU CAN'T PROPOSE NEW RESIDENTIAL PROPERTY.

AND BY THE WAY, PEOPLE QUESTION THAT THAT CODE WAS DEVELOPED WITH DEPARTMENT OF STATE, IT WAS APPROVED BY DEPARTMENT OF STATE WHEN WE DID THE LAST LWRP, THEY THOUGHT THAT WAS AN APPROPRIATE WATERFRONT COMMERCIAL DISTRICT.

AND AT THIS PARTICULAR PROPERTY THERE'S ADJACENT RESIDENTIAL, THERE'S A DECENT AMOUNT OF JASON POTENTIAL THERE IS.

SO YEAH, I DON'T THINK THIS WILL BE INCOMPATIBLE WITH THE RIGHT CHARACT.

I ACTUALLY THINK IT'S BETTER THAN YOU KNOW.

RIGHT.

THE ALTERNATIVE WOULD BE PERMITTED BY THE EXISTING ZONING.

ALRIGHT, SO YOU'RE GOOD.

HAVE PART TWO DONE.

AND THE PART THREE DRAFTED FOR US TO GO OVER ON MAY 17TH IN MY KEY FOLLOW FOLLOW-UP ISSUE IS ACCESS.

YES.

OKAY.

FAIR ENOUGH.

SO YEAH, WE, THAT WOULD HELP.

OKAY.

WE WILL.

ANYTHING ELSE THAT WE WANNA HAVE? WHEN THIS COMES BACK, I'M GONNA TABLE POLICE, BUT ANYTHING ELSE WE'RE LOOKING AT, JUST LET THE POPE, IF ANYBODY'S HERE ABOUT THIS PROJECT, AGAIN, WE'RE NOT HOLDING A PUBLIC HEARING.

WE'LL, WE GET THE SITE PLAN, BUT WHEN THE ZBA GETS OUR RECOMMENDATION DECISION ON SEEKER, THEY WILL HOLD THEIR PUBLIC HEARING ON THE USE VARIANCE.

RIGHT.

THEY'VE HELD ONE ALREADY AND THEY'LL HOLD AN ADDITION, THEY LEFT IT OPEN, THEY LEFT, THEY WILL, AND THEN IF IT GETS THAT FAR, IT COMES BACK, IT WILL HAVE PUBLIC HEARING AGAIN AT THE DBA MEETING, YOU CAN SPEAK.

OKAY.

AND THEN IF THE ZBA GRANTS THE EXPERIENCE, THEY'LL BE BACK HERE AND YOU CAN ALSO CALL.

RIGHT.

SO LUCKY YOU, YOU'RE GONNA COME TO A LOT OF MEETINGS.

RIGHT.

SO JUST SO EVERYONE KNOWS SCHEDULE WISE, THE LIKELY, EARLIEST DATE THIS WOULD GO BACK IN FRONT OF THE ZONING BOARD OF APPEALS WOULD BE THE FIRST TUESDAY IN JUNE.

FIRST TUESDAY IN JUNE.

SO WE'RE GONNA COME BACK HERE MAY 17TH.

DID WE SAY MAY 17TH? MAY 17TH.

SO, SO WE GET A MOTION TO TABLE HANDLERS, RETAIL LLC.

WHAT'S THAT SECOND? WELL, YOU STILL HAVE TO DO YOUR RECOMMENDATION.

WE'RE WAITING FOR YOUR RECOMMENDATION.

OKAY.

SO HOLD ON.

YEAH.

AGAIN, ANY QUESTIONS FOR DREW CAN BE TABLED TILL THE END OF THE MEETING, PLEASE.

UH, LEON WITH A, THE .

I, I UNDERSTAND.

YEAH.

I JUST WANT TO NOTE FOR THE RECORD, THIS WILL ALSO BE GOING BACK IN FRONT OF THE SHORELINE REVITALIZATION COMMITTEE AT, I DON'T THINK THE MEETING DATE'S BEEN SCHEDULED, BUT LATER IN APRIL.

OKAY.

SO WE GOT A MOTION TO TABLE HAMBURG RETAIL LLC TO MAY 17TH.

IT WAS MOTION BY BILL SECOND BY CINDY.

ALL IN FAVOR? AYE.

AYE.

MOTION CARRIED.

NEXT ITEM ON THE AGENDA IS 3 8 0 0 HOOVER ROAD, LLC REQUESTING SKETCH PLAN DIRECTION ON A PROPOSAL TO CONSTRUCT A SEVEN UNIT MULTI-FAMILY PROJECT AT 3 8 0 0 HOOVER ROAD, HOOVER.

THIS IS SIMILAR TO THE LAST PROJECT AS IN PROCESS.

UM, AND THAT IT'S A RESIDENTIAL BUILDING IN WATERFRONT COMMERCIAL, BUT IT'S A, IT'S A DIFFERENT LOCATION WITH SOME DIFFERENT ISSUES.

RIGHT? SO,

[02:10:01]

SO GOOD EVENING ONCE AGAIN.

CHAIRMAN CLARK, MEMBERS OF THE PLANNING BOARD, SEAN HOPKINS ON BEHALF OF THE APPLICANT, AS THE CHAIRMAN INDICATED IN HIS INTRODUCTORY COMMENTS.

SIMILAR BUT DIFFERENT.

THIS PARTICULAR SITE IS A PORTION OF 3,800 HOOVER ROAD.

WE'RE TALKING APPROXIMATELY 0.94 ACRES OF THE OVERALL TWO ACRE SITE.

OBVIOUSLY THE VACANT RESTAURANT THAT WAS FORMERLY DOCK AT THE BAY AND OTHER RETAIL ESTABLISHMENTS.

THE RESTAURANT ESTABLISHMENTS IS LOCATED HERE THAT'S CURRENTLY BEING REVIEWED BY THE HISTORIC PRESERVATION COMMITTEE.

THEY'VE YET TO HOLD A PUBLIC HEARING ON THE POTENTIAL NOMINATION OF THAT AS THE FIRST LOCAL LANDMARK PURSUANT TO HISTORIC PRESERVATION LAW.

SO WITH THAT BEING SAID, HOW WE'VE CHANGED THIS PLAN SINCE YOU'VE LAST SEEN IT, IS, NUMBER ONE, WE'VE CREATED AN INTERNAL PROPERTY LINE, MEANING WE'RE NOT PROPOSING AT THIS POINT IN TIME, ANYTHING IN TERMS OF THE, THE VACANT RESTAURANT BUILDING, WHICH WAS FORMALLY A HOTEL.

THE GOAL WOULD STILL BE GIVEN THAT LOCATION TO RELEASE THAT TO A SUITABLE MOST LIKELY RESTAURANT.

SO THAT'S SOMETHING THAT'S STILL BEING DISCUSSED.

AND THEN ON THE REMAINDER, SO SO AN INTERNAL PROPERTY LINE, YOU'RE, YOU'RE ASKING FOR SUBDIVISION OR YOU WILL, RIGHT? SO THAT WILL TRIGGER MINOR SUBDIVISION.

OKAY.

AND THAT'S IN MY UPDATE SUBMISSION.

AND THEN THE REMAINDER OF THE SITE WOULD CONSIST OF A TWO STORY SEVEN UNIT TOWN HOME BUILDING WITH THOSE UNITS BEING FOR LEASE, SIMILAR TO 4,100 ST.

FRANCIS.

WE DID ALSO PRESENT THIS PROJECT TO THE SHORELINE REVITALIZATION COMMITTEE DURING ITS VIRTUAL MEETING HELD ON THURSDAY, MARCH 30TH.

ON THIS ONE, WE RECEIVED SOME ADDITIONAL INPUT.

NUMBER ONE, SAME COMMENT AS WE RECEIVED FOR 4,100 ST.

FRANCIS.

TAKE A LOOK AT THE ARCHITECTURAL ELEVATIONS, WHICH IS THE SAME BUILDING TYPE DESIGNED BY DAVE SUTTON OF SUTTON SUTTON ARCHITECTURE.

SEE IF YOU CAN BRING IN SOME NAUTICAL ELEMENTS.

BUT THERE WERE A COUPLE OTHER TOPICS THAT THEY WERE INTERESTED IN DISCUSSING.

NUMBER ONE, THEY DID ASK US TO CONSIDER WHETHER OR NOT THIS COULD BE SOME TYPE OF MIXED USE PROJECT.

OBVIOUSLY THAT WOULD REQUIRE MOST LIKELY A BIGGER BUILDING AND FINDING A RETAIL TENANT.

BUT WE DID INDICATE WE WOULD TAKE A LOOK AT THAT.

THEY ASKED IF CONSIDERATION SHOULD COULD BE GIVEN TO REDUCING THE NUMBER OF CURB CUTS AND MAYBE PUSHING THESE TOWN HOMES BACK FURTHER AWAY FROM HOOVER ROAD.

SO WE'LL TAKE A LOOK AT THAT.

AND THEN FINALLY, THERE WAS A MUCH BIGGER PICTURE DISCUSSION ABOUT SOME OF THE LONG-TERM PLANNING OBJECTIVES AND GOALS THAT HAVE BEEN ESTABLISHED BY THE WATERFRONT REVITALIZATION COMMITTEE.

AND SPECIFICALLY IF THIS PROJECT WOULD INCLUDE ANY MEANS OF PUBLIC ACCESS TO OBVIOUSLY THE BACK OF THE SITE.

THIS SITE, UNLIKE MANY OF THE OTHER ONES, INCLUDING A SITE THAT YOU LOOKED AT EARLIER THIS EVENING, THE BEACHFRONT IS FAIRLY LIMITED.

WE HAVE THAT LARGE RETAINING WALL, WITH THE EXCEPTION OF THIS AREA, THERE REALLY IS NO QUOTE UNQUOTE BEACH.

HOWEVER, WITH THAT BEING SAID, IF IT WAS PART OF A TOWN'S LONG-TERM PLANNING OBJECTIVES TO ESTABLISH SOME PUBLIC ACCESS THERE, WE WOULD CERTAINLY ENGAGE IN DISCUSSION ABOUT PRESERVING THAT RIGHT FOR THE FUTURE.

UH, THERE ARE SOME NEARBY RESIDENTIAL USES SPECIFICALLY FOR THE SOUTH.

AND I WANNA KNOW, WE ARE NOT PROPOSING PUBLIC ACCESS TO THE WATER.

HOWEVER, IF IT'S PART OF A BIGGER PROJECT AND THE TOWN CAN SUCCESSFULLY IMPLEMENT THAT GOAL, WHICH IS A WORTHWHILE GOAL, THE FUTURE, WE CAN CERTAINLY HAVE DISCUSSION ABOUT GRADING SOME TYPE OF ACCESS OR, RIGHT.

SO THAT COULD, THAT COULD OCCUR.

UM, WE'RE ALSO GONNA TAKE A LOOK AT PARKING.

COULD THE PARKING MAYBE BE ON BEHIND THE BUILDINGS VERSUS IN THE FRONT, TAKE A LOOK AT SOME LANDSCAPING, ET CETERA, ET CETERA.

SO THIS ONE WE DID RECEIVE SOME MORE, WHAT I WOULD SAY SUBSTANTIVE INPUT FROM THE SHORELINE REVITALIZATION COMMITTEE.

WE INDICATED, AGAIN, WE TAKE A LOOK AT ALL THAT INPUT WITH THE PLANS OF MAKING THE UPDATED SUBMISSION AND ATTENDING THEIR MEETING WILL PROBABLY BE IN LATE APRIL, UH, SIMILAR TO, AS I INDICATED IN CONNECTION WITH 4,100 ST.

FRANCIS.

FROM A SEEKER PERSPECTIVE, OVERALL THINK PROJECT ALSO IN THE END WILL JUSTIFY ISSUANCE OF A NEGATIVE DECLARATION.

UH, WE'VE PREVIOUSLY PROVIDED DOCUMENTATION SHOWING WHERE WE'RE DEVELOPING IS NOT LOCATED IN THE REGULATED FLOODWAY OR A HUNDRED YEAR FLOODPLAIN ASSOCIATED WITH LAKE ERIE.

UM, WE THINK IT'S A GOOD REUSE.

IT'S FAIRLY LOW INTENSITY, MEANING SEVEN TWO STORY TOWNHOME UNITS.

AND AGAIN, WE ARE NOT PROPOSING ANY, UM, DISTURBANCE, DEMOLITION, ET CETERA, OF THE EXISTING VACANT RETAIL OR RESTAURANT BUILDING THAT WAS FORMERLY A HOTEL.

SO THAT'S KIND OF WHERE WE'RE AT IN CONNECTION WITH THIS PROJECT.

AND WE'RE HOPING, AGAIN, IN THE NEAR FUTURE, AFTER YOU'VE RECEIVED A RECOMMENDATION FROM THE SHORELINE REVITALIZATION COMMITTEE, THAT YOU WOULD BE IN A POSITION TO ISSUE A SECRET DETERMINATION, WHICH IS A PREREQUISITE OF THE ZONING BOARD OF APPEALS, MAKING A DECISION ON THE PENDING REQUESTED USE VARIANCE.

AND IF THAT USE VARIANCE IS GRANTED, WE WOULD HAVE TO COME BACK IN FRONT OF THIS BOARD FOR SITE PLAN APPROVAL.

BASICALLY THE SAME PROCESS.

THIS ONE IS A COUPLE OF ADDITIONAL TOPICS THAT DON'T PERTAIN TO THE PREVIOUS PROJECT.

F 4,100

[02:15:01]

ST.

FRANCIS.

AND THAT'S A SUMMARY WHERE WE'RE AT.

SO THERE'S SOME QUESTIONS FOR DREW AND JENNIFER.

I DON'T EXPECT ANSWERS TODAY, UH, REGARDING THE EXISTING POTENTIALLY HISTORICAL BUILDING.

UH, ONE OF MY CONCERNS LIKE THAT, THAT GRAIN ELEVATOR IN BUFFALO WHERE IT WAS DESIGNATED AS HISTORICAL, BUT IT WAS, THERE WAS NO METHOD TO ENSURE THE BUILDING WAS KEPT UP.

SO THEN IT COLLAPSED AND WAS ABLE TO BE DEMOLISHED DUE TO THE DEVELOPER'S NEGLECT.

IS THERE ANY WAY WE, THEY'RE ASKING FOR A SUBDIVISION THAT IS PART OF AN ADDITIONAL SUBDIVISION THAT WE CAN CREATE A MECHANISM TO PREVENT SOMETHING LIKE THAT FROM HAPPENING TO THIS BUILDING.

AND AS I SAID, I DON'T EXPECT AN ANSWER TO THAT TODAY, BUT IT'S SOMETHING I THINK THAT I, I'D LIKE TO FIGURE OUT IF THERE'S SOMETHING WE CAN DO TO PROTECT THE HISTORICAL BUILDING, DO A LITTLE BIT BETTER A JOB THAN SOME OF MANY OTHER PLACES THAT HAVEN'T BEEN ABLE TO DO IT.

IF WE CAN GET OUT AHEAD OF IT, MAYBE THERE'S SOMETHING WE COULD DO THAT THEY DIDN'T DO IN THOSE OTHER PLACES.

THAT IS A VERY CREATIVE AND INTERESTING SUGGESTION.

THANK YOU.

AND I DO WANNA NOTE IN THE CODE IN THE TOWN OF HAMBURG FOR THIS, RIGHT, THERE IS A PROVISION THAT WHILE THE DESIGNATION IS PENDING, THERE IS A, THERE, IT PROHIBITS YOU FROM DEMOLISHING THE ZONING, RIGHT? NOT THAT ANYONE HAS ANY INTENTION OF DOING THAT, BUT I WANT EVERYONE TO KNOW YOU CANNOT DO THAT WHILE AN APPLICATION, RIGHT? I JUST, I I COULD SEE A SCENARIO WHERE A STORM HAPPENS IN A FEW YEARS AND THE BUILDING IS SO DAMAGED BECAUSE IT WASN'T KEPT UP THAT IT HAS TO BE DEMOLISHED AFTERWARDS.

AND IF THERE'S A WAY TO AVOID THAT, I'D LIKE TO FIGURE IT OUT NOW.

UM, UNITY CHARACTER.

WE'RE TAKING AN AREA THAT USED TO BE USED FOR BEACH VOLLEYBALL AND TURNING IT INTO A RESIDENTIAL USE, WHICH SEEMS TO LIMIT THE PUBLIC'S ACCESS TO THE BEACH INSTEAD OF, INSTEAD OF TO THE WATER INSTEAD OF EXPANDING IT.

SO I THINK THAT'S AN ISSUE.

UM, WE DID TALK ABOUT A MIXED USE, BUT THERE'S, THERE'S ISSUES WITH THAT ONE ALSO.

UM, WE WE'RE PROBABLY HAVE DOING THE SAME THING.

DREW, WE'RE GONNA DO PART TWO AND HAVE A DRAFT OF PART THREE, BUT ANYTHING ELSE ANYBODY WANTS TO TALK ABOUT FOR THAT SEEKER? UM, SEAN, WAS THIS VERY ARCHEOLOGICALLY SENSITIVE TOO? NO.

NO.

I DON'T BELIEVE IT WAS.

I MEAN, I'LL CHECK YEAH.

ANYTHING ON THE WORD.

OKAY, I'LL CHECK.

I DON'T, MAYBE WE HAVE A CLEARANCE ON.

I'LL FOLLOW UP WITH IT.

I MEAN, SO, SO WE GOT THE COASTAL CONSISTENCY FORMS. I I GOT A COPY TODAY.

SENT IT TO DO WITH JOSH.

UM, JUST THE HIGH LEVEL REVIEW.

IT DIDN'T SAY ANYTHING ABOUT ANYTHING OR I DON'T THINK THAT'S A QUESTION IN THE, IT'S IT'S IN THE AF IT'S IN THE AF YEAH, I'LL CHECK ON THAT.

AND I THINK IT SHOULD, IT IT DID SAY THERE WAS NO LIKE SIGNIFICANT HABITATS TO THEM, RIGHT? SO THAT I CHECKED.

IT MAY HAVE POPPED UP DREW BECAUSE OF THE EXISTING HOTEL, THE WATER.

OKAY.

I'LL CHECK PAST USE OF THE HOTEL WITH VARIED ARTIFACTS.

I, YEAH, I'LL CHECK.

ALRIGHT, ANY, SO THERE'S NO OTHER COMMENTS THAT WE WILL, I'LL MAKE A MOTION TO TABLE 3 8 0 0 HOOVER ROAD TO PUT IT.

MAY 17TH.

YES.

YEAH.

ALRIGHT.

SECOND.

A MOTION BY BILL SECOND BY CINDY.

ALL IN FAVOR? A I MOTION HERE.

SO WE'LL, WE'LL GO OVER WE TWO FROM THE COMMITTEE BY MAY 17TH.

IT WOULD BE GREAT.

WE'LL, BECAUSE THEY, THEY, THEY'VE GOT THE INPUT.

THEY JUST DIDN'T GET IT IN BEFORE ON OUR DEADLINE, SO WE'LL DEFINITELY HAVE IT BY THEN.

YEAH, I DO.

AND I DO WANNA KNOW ON BOTH THOSE FOR THE RECORD AND ONLY BECAUSE THEY SAW DENNIS LOOKING AT 'EM, WE DID ATTACH TO THE MOST RECENT LETTERS, COPIES OF THE POWERPOINT PRESENTATIONS THAT WE GAVE TO THE SHORELINE REVITALIZATION COMMITTEE.

AND ONCE WE DO THAT, AGAIN, WE'LL PROVIDE YOU WITH THOSE IN DATES AS WELL.

AND I ALSO WANNA NOTE ON BOTH OF THOSE, UM, AT A PREVIOUS MEETING IT WAS REQUESTED THAT WE SUBMIT THE WATERFRONT CONSISTENCY FORM IN THE FEDERAL FORUM.

WE HAVE DRAFTS OF THOSE.

SO THOSE WILL BE SUBMITTED BOTH TO THE WATERFRONT CONSISTENCY COMMITTEE AS WELL AS THIS BOARD.

THANK YOU.

ALRIGHT, NEXT ITEM ON AGENDA IS DTO DEVELOPMENT REQUESTING PRELIMINARY PLAT APPROVAL OF A 96 UNIT TOWN HOME SUBDIVISION ON VACANT LAND WEST OF BRIARCLIFF DRIVE.

ALL RIGHT, ROLLING.

SO GOOD EVENING ONCE AGAIN.

SEAN HOPKINS ON BEHALF OF THE APPLICANT DATA DEVELOPMENT LLC.

ALSO WITH ME IS DATE OF BIRTH ONE OF THE PRINCIPLES.

THIS IS A PROJECT THAT WE'VE OBVIOUSLY SPENT A LOT OF TIME ON PREVIOUSLY.

UM, I BELIEVE WHEN WE ACTUALLY STARTED THE REVIEW OF THE CURRENT PROCESS, TWO OF THE SIX PLANNING BOARD MEMBERS THAT ARE HERE THIS EVENING, WERE ON THE BOARD.

SO WE HAVE SPENT A LOT OF TIME.

YOU PREVIOUSLY HELD TWO PUBLIC HEARINGS IN CONNECTION WITH YOUR REVIEW OF THIS ON JANUARY 4TH.

AND ON FEBRUARY 15TH, DURING

[02:20:01]

THE MEETING ON FEBRUARY 15TH, YOU CLOSED THE PUBLIC HEARING AND ASK THE PROJECT TEAM TO TAKE A LOOK AT THE WIDE ASSORTMENT OF INPUT THAT'S BEEN RECEIVED.

SO THAT'S WHAT WE'VE DONE AND THAT'S WHAT WE'RE GONNA SUMMARIZE TODAY.

IT IS IMPORTANT TO NOTE THAT THIS PARTICULAR SITE HAS A VERY, VERY LENGTHY HISTORY GOING ALL THE WAY BACK TO 1988, I BELIEVE IT WAS NOVEMBER 16TH, WITH THE TOWN BOARD APPROVING THE PUD ZONING, WHICH REMAINS IN PLACE TODAY.

AND ITS ISSUANCE OF A FINDING STATEMENT THAT HAD 11 SEPARATE CRITERIA THAT I PREVIOUSLY ADDRESSED IN A LETTER TO THE PLANNING BOARD DATED NOVEMBER 11TH OF LAST YEAR.

SO WHEN THIS PROJECT WAS MOST RECENTLY PRESENTED, WHAT IT CONSISTED OF WAS AS FOLLOWS, 96 UNITS OF TWO STORY ATTACHED TOWN HOMES.

AND THESE, AS MR. RILEY INDICATED, FALL WITHIN THE DEFINITION SET FORTH IN THE ZONING CODE.

AND THAT'S SECTION 2 83 42 OF TOWNHOUSE.

AND THE REASON FOR THAT IS THESE UNITS ARE NOT FOR LEASE.

THESE UNITS ARE FOR SALE, WILL BE LOCATED ON INDIVIDUAL LOTS, WHICH YOU CAN SEE AND WILL NOT UTILIZE THE CONDOMINIUM FORM OF OWNERSHIP.

TOWN OF HAMBURG HAS A FAIRLY UNIQUE DEFINITION AND AS SUCH, INSTEAD OF SITE PLAN APPROVAL, THIS PROJECT REQUIRES SUBDIVISION APPROVAL.

AND THAT'S ALL BEEN DISCUSSED.

IT'S ALSO IMPORTANT TO NOTE THAT IF WE LOOK WAY BACK IN HISTORY, IN CONNECTION WITH THE HISTORY OF THE SITE WAY BACK IN THE DAY, IF WE LOOK BACK AT THE PLANS FROM 1988, WHAT WAS DEPICTED ON THIS SITE WAS APPROXIMATELY 120 APARTMENTS, UH, TWO THREE STORY BUILDINGS.

AND THEN IN 2010, THE BURKE FAMILY ENTERED INTO A CONTRACT TO SELL THIS LAND TO A THIRD PARTY HAVING ABSOLUTELY NOTHING TO DO WITH THE BURKE FAMILY.

THIS IS ACTUALLY THE LAYOUT THAT WAS PRESENTED TO THE PREDECESSOR PLANNING BOARD IN 2010 THAT CONSISTED OF 72 UNITS OF SUBSIDIZED APARTMENTS FOR RENT.

THAT LAYOUT WAS NOT WELL RECEIVED BY THE NEIGHBORHOOD OR THE PLANNING BOARD OR THE TOWN BOARD, I DON'T BELIEVE, AND ULTIMATELY WAS WITHDRAWN.

THAT PARTICULAR PARTICULAR PERSPECTIVE PURCHASER NEVER MOVE FORWARD.

BUT WITH THAT BEING SAID, WHEN WE STARTED THE DESIGN PROCESS FOR THIS PROJECT, NOW GOING BACK A COUPLE OF YEARS AGO, THE PROJECT TEAM AND MOST IMPORTANTLY MR. BURKE, KNOWING THE HISTORY OF THIS SITE, WHICH HIS FAMILY'S BEEN INVOLVED WITH FOR DECADES, A VERY DELIBERATE DECISION WAS MADE THAT DESPITE THE FACT ITS ZONED PUD APARTMENTS WAS NOT THE PREFERENCE.

MEANING WHILE THE EXISTING ZONING WOULD EXPRESSLY ALLOW APARTMENTS FOR RENT, IT WOULD BE ENTIRELY CONSISTENT WITH THE PROJECT HISTORY.

GOING BACK ALL THE WAY TO 1988, MR. BURKE RECOGNIZED THAT THAT WOULD NOT BE WELL RECEIVED.

AND AS SUCH, PROCEEDED WITH A PROJECT, BILL CONSISTS OF UNITS FOR SALE RATHER THAN FOR LEASE.

AND THAT'S, THAT'S AN IMPORTANT POINT.

SO THIS IS THE LAYOUT THAT WAS PRESENTED THEN BASED ON THE WIDE ASSORTMENT OF INPUT WE RECEIVED RELATIVE TO PERMANENT OPEN SPACE TRAFFIC, THE LOCATION OF THE EXISTING SANITARY SEWER EASEMENT, COMMUNITY CHARACTER SETBACKS, ET CETERA, ET CETERA.

WE'VE SPENT PROBABLY TWO MONTHS LOOKING AT, I WOULD SAY DAVE, A DOZEN AT LEAST DIFFERENT LAYOUTS FOR THIS SITE.

AND THE LAYOUT THAT WE PRESENT PRESENTING THIS EVENING THAT WAS INCLUDED WITH OUR MOST RECENT SUBMISSION IS THE LOWEST INTENSITY OF ANY OF THOSE USES, ANY OF THOSE LAYOUTS THAT HAVE PREVIOUSLY BEEN PRESENTED OR ANY OF THE RECENT ALTERNATIVES THAT WE'VE LOOKED AT.

AND WE HAVE LOOKED AT SOME APARTMENT LAYOUTS, MEANING ULTIMATELY IF WE'RE NOT SUCCESSFUL HERE, WE'LL JUST GO BACK TO APARTMENTS.

PROBABLY NOT WHAT EVERYONE WANTS, BUT IT IS ZONED THAT WAY AND DAVE IS VERY COMFORTABLE THAT THERE WOULD BE DEMAND THERE.

SO WITH ALL THAT BEING SAID, THIS IS WHAT WE'VE DONE IN TERMS OF THE UPDATED PROJECT SUBMISSION DATED MARCH 31ST.

NUMBER ONE, WE'VE REDUCED THE NUMBER OF UNITS ON THIS 9.37 ACRE SITE FROM 96 TO 57.

BIG REDUCTION, VERY, VERY BIG REDUCTION NUMBER TWO IN ORDER TO ADDRESS THE ISSUE THAT'S PREVIOUSLY BEEN RAISED RELATIVE TO THE AMOUNT OF PERMANENT OPEN SPACE FOR THE OVERALL QUARRY PORTION OF THE PUD, WE'VE INCREASED THE AMOUNT OF PERMANENT OPEN SPACE ON THIS PARTICULAR SITE, WHICH AGAIN IS 9.37 ACRES FROM 1.15 ACRES ALL THE WAY TO FIVE ACRES.

MORE THAN HALF OF THIS SITE UNDER THIS CURRENT PLAN WILL BE PERMANENT OPEN SPACE.

AND THAT INCLUDES 2.24 ACRES OF RECREATIONAL SPACE.

UH, THE REQUIRED RECREATIONAL SPACE UNDER THIS LAYOUT CONSISTING OF 57 UNITS WOULD BE APPROXIMATELY SIX TENTHS OF AN ACRE.

SO WE'RE GONNA PROVIDE FIVE TIMES THE AMOUNT OF RECREATIONAL SPACE THAT WOULD'VE BEEN REQUIRED.

AS YOU RECALL, THERE WERE TWO LOTS LOCATED ON BRIARCLIFF

[02:25:01]

THAT WERE DELIBERATELY NOT DEVELOPED WAY BACK IN THE DAY.

TO PROVIDE ACCESS TO THIS SITE, WE'VE ELIMINATED THE DRIVEWAY CONNECTION, THE WESTERNMOST DRIVEWAY CONNECTION UNDER BRIAR CLIFF, AND WE'LL SIMPLY FILL THAT IN WITH A TWO UNIT HOME, WHICH WOULD BE ENTIRELY CONSISTENT WITH THE REMAINDER OF THAT STREET FRONTAGE.

THE REASON FOR THAT IS GIVEN THE SUBSTANTIAL REDUCTION IN THE PROJECT DENSITY AND THE MODIFICATIONS OF PROJECT, WELL, WE SIMPLY DON'T THINK WE NEED TWO DRIVEWAYS.

WE'VE ALSO REDUCED THE NUMBER OF VISITOR PARKING SPACES FROM 48 TO 45 TO A LARGE DEGREE.

YOU CAN SEE THESE ARE CLUSTERED ALONG THE DRIVEWAY AND HERE DELIBERATELY LOCATED IN THESE LOCATIONS BECAUSE THEY MINIMIZE THE AMOUNT OF IMPERVIOUS SURFACE AND ALLOW US TO MAXIMIZE THE AMOUNT OF PERMANENT OPEN SPACE.

WHILE WE HAD APPROVAL ALREADY FROM THE ERIE COUNTY DIVISION OF SEWAGE MANAGEMENT TO RELOCATE THE EXISTING SANITARY SEWER EASEMENT THAT BISECTS THE SITE.

AND IN FACT WE ACTUALLY HAVE DOWNSTREAM SANITARY SEWER CAPACITY ANALYSIS APPROVAL.

DAVID MADE A DECISION SINCE IT WAS A CONCERN RAISED BY THE NEIGHBORS.

WE'LL LEAVE IT ALONE.

WE WILL NOT TOUCH THAT EASEMENT.

THE MOST IMPORTANT REASON FOR THAT IS IT WILL REDUCE THE AMOUNT OF CONSTRUCTION REQUIRED ON THE SITE WHILE IT WAS APPROVED UNDER THIS LAYOUT.

WE CAN LEAVE THAT EASEMENT THE WAY IT IS.

NUMBER SIX, WE'VE DRAMATICALLY INCREASED THE REAR YARD SETBACK OF THE TOWN HOMES FROM THE HOMEOWNERS ON BRIARCLIFF.

SO NOT ONLY HAVE WE GONE FROM 96 TO 57, BUT JUST AS IMPORTANTLY, I'M GONNA COMPARE THE PREVIOUS PLAN.

FOR EXAMPLE, THIS SETBACK FOR THE REAR OF A LOT IS 127 FEET.

NOW THIS SETBACK HERE TO THE REAR OF THE LOT IS 103 FEET.

AND ON THIS PORTION OF THE SITE, WHICH IS THE WESTERN MOST TO A LARGE DEGREE, MANY OF THESE HOMES HAVE ABSOLUTELY NOTHING BEHIND THEM.

THEY LITERALLY HAVE PERMANENT OPEN SPACE.

AND IF YOU COMPARE IT TO THE PLAN WE HAD BEFORE, AND IT WAS SUBJECT WITH PUBLIC HEARINGS, AGAIN, THEY'RE ONLY TWO STORY FOUR UNIT BUILDINGS CONSISTENT OF UNITS FOR, FOR, FOR LEASE, FOR SALE.

PREVIOUSLY THAT WAS 20 FEET, APPROXIMATELY 25 FEET, 20 FEET.

SO IN MOST INSTANCES, WE'VE TAKEN THE SETBACKS THAT WERE PREVIOUSLY PROPOSED AND MULTIPLIED THEM BY 500%, BASICALLY FIVE TIMES LARGER THAN WHAT THEY WERE PREVIOUSLY PROPOSED.

UH, WE'VE ALSO OF COURSE DRAMATICALLY REDUCED THE AMOUNT OF IMPERVIOUS SURFACE ON THE SITE.

WE'VE MADE A DELIBERATE EFFORT TO DESIGN THE SITE IN ACCORDANCE WITH THE EMERGENCY ACCESS STANDARDS THAT FORTH AN APPENDIX D OF THE NEW YORK STATE FIRE CODE.

AND WHAT I MEAN BY THAT, AS YOU CAN SEE WE HAVE TWO CODE COMPLIANT T TURNAROUNDS FOR FIRE TRUCKS, SNOW PLOWS, ET CETERA.

IT IS IMPORTANT TO NOTE THE INFRASTRUCTURE IN TERMS OF THE ROADWAY THAT WILL BE PRIVATE, BUT THAT CAN ACCOMMODATE A FIRETRUCK AND EITHER DIRECTION IF THEY NEED TO ACCESS THE SITE.

UM, SO WE THINK THOSE ARE VERY, VERY DRAMATIC REDUCTIONS.

WHAT WE WOULD ASK YOU TO CONSIDER IS NUMBER ONE, THERE'S A WHOLE ASSORTMENT OF BENEFITS THAT RESULT FROM THIS UPDATED LAYOUT.

NUMBER ONE, CLEAR AS DAY.

WE NOW HAVE SATISFIED THE PERMANENT OPEN SPACE REQUIREMENT FOR THE OVERALL CORE PORTION OF THE PUD, WHICH I BELIEVE IS AREAS JK AND L.

NUMBER TWO, WAY BACK WHEN IN JANUARY OF LAST YEAR, THIS BOARD ASKED US TO PROVIDE YOU WITH AN ANALYSIS OF THE OVERALL RESIDENTIAL UNITS IN THE QUARRY PORTION OF THE DEVELOPMENT.

AGAIN, THOSE AREAS DESIGNATED AS IJ AND K AND I CAN SHOW YOU WHAT THAT MEANS ON THE ORIGINAL PLAN.

SO WAY BACK WHEN IN 1988, WHAT WAS PROPOSED IN TOTAL WAS 338 UNITS.

WHAT WAS PRO PROPOSED MOST RECENTLY DURING THE PUBLIC HEARINGS WAS A TOTAL OF 231 UNITS, SO ABOUT A HUNDRED LESS THAN WHAT WAS ENVISIONED IN 1988.

AND NOW AS A RESULT OF THE SUBSTANTIAL REDUCTION OF THE DENSITY OF THIS PROJECT, WE'RE DOWN TO 192 UNITS FOR THAT OVERALL AREA, OR 146 UNITS LESS THAN WHAT WAS EXPRESSLY PERMITTED WAY BACK WHEN IN 1988.

AS I INDICATED, I THINK WE'VE ALREADY CONCLUSIVELY ADDRESSED THAT THIS PROJECT IS NOT INCONSISTENT WITH THE 11 FINDINGS THAT WERE ISSUED BY THE TOWN BOARD WAY BACK ON NOVEMBER 16TH, 1988.

WE ARE HOPEFULLY NOW IN A POSITION WHERE YOU CAN FEEL COMFORTABLE IN THE NEAR FU FUTURE, UM, ISSUING A SECRET DETERMINATION.

OBVIOUSLY THAT'S A PREREQUISITE OF ANY FUTURE DECISION MAKING.

THE LAST POINT I WANT TO MAKE, AND THIS IS ULTIMATELY THE RESIDENTS CALL.

IF YOU LOOK BACK AT THE MINUTES OF THE MEETING THAT WAS HELD ON FEBRUARY 15TH, THERE WERE SEVERAL CLAIMS THAT WELL, THE PROJECT TEAM HAS NOT BEEN WILLING TO MEET WITH THE NEIGHBORHOOD.

THAT'S SIMPLY NOT ACCURATE.

SUBSEQUENT TO THAT MEETING, MR. BURKE PERSONALLY SENT A LETTER

[02:30:01]

TO THE MEMBERS OR THE OFFICERS OF THE HOMEOWNERS ASSOCIATION.

THEY POLITELY DECLINED MEETING.

WE ARE STILL MORE THAN WILLING TO MEET WITH THEM AT ANY TIME TO DISCUSS THIS PROJECT.

WITH THAT BEING SAID, WITHOUT THE BENEFIT OF MEETING WITH HIM, I THINK DAVE DESERVES A LOT OF CREDIT.

HE TOOK THEIR INPUT VERY SERIOUSLY AND I THINK THAT'S SHOWN IN THE SUBSTANTIAL MODIFICATIONS WE'VE MADE BASED ON THE IN-DEPTH TESTIMONY THAT YOU RECEIVED DURING THOSE TWO PUBLIC HEARINGS.

SO WE ARE ASKING, HOPEFULLY AT A FUTURE MEETING WE WOULD BE IN A POSITION TO ISSUE A SECRET DETERMINATION, NAMELY A NEGATIVE DECLARATION THAT WILL ALLOW US TO MOVE FORWARD WITH THE PRO WITH THE REMAINDER OF THE PROCESS.

I ALSO WANT TO NOTE ONE OF THE ISSUES, AND I THINK DREW YOU BROUGHT IT UP AT ONE OF THOSE ORIGINAL MEETINGS, AGAIN, UNDER THE TOWN, SOMEWHAT UNIQUE DEFINITION OF TOWNHOME SUBDIVISION, YOU HAVE TO HAVE 250 SQUARE FEET OF PATIO AREA PER UNIT AS A RESULT OF THESE CHANGES.

WE CAN NOW ACCOMMODATE THAT BECAUSE WE CAN PROVIDE BIGGER BACKYARDS BECAUSE AGAIN, WE'VE GOTTEN A RID OF A WHOLE ROW OF TOWN HOMES AND ALL THE ASSOCIATED INFRASTRUCTURE.

WE ALSO WILL IN THE FUTURE SUBMIT A LANDSCAPING PLAN.

WE HAVE PLENTY OF ROOM HERE, PROVIDE SOME CREATIVE LANDSCAPING, A LIGHTING PLAN, STORMWATER MANAGEMENT PLAN, MAKING SURE WE ADDRESS THOSE WIDE ASSORTMENT OF, OF TECHNICAL STANDARDS THAT APPLY TO A RESIDENTIAL PROJECT OF THIS SIZE.

SO I THINK WE'VE MADE A LOT OF PROGRESS.

UH, WE APPRECIATE THE PLANNING BOARD HAS BEEN VERY PATIENT IN CONNECTION WITH THE REVIEW OF THIS PROJECT AND EITHER MYSELF OR MR. BURKE WOULD WELCOME THE OPPORTUNITY TO ANSWER ANY QUESTIONS TO ANY OF YOU MAY HAVE.

THANK YOU.

ALRIGHT, SO I GOT ONE, ONE THING I I REALLY WANT TO MAKE SURE I HAVE CLEAR BEFORE WE HAVE A FINAL DECISION.

I'M GLAD THAT THE PRESIDENT OF THE HOMEOWNER ASSOCIATION HERE, UM, OH, THERE YOU ARE.

I DIDN'T SEE DOWN THERE.

SO BACK IN 1988 WHEN THEY, WHEN THEY TALKED ABOUT THE PERMANENT OPEN SPACE, WHAT WAS THE ACREAGE THAT WAS, WE STATED BACK THEN.

SO I ACTUALLY HAVE THAT FOR THE WHOLE THING, NOT JUST THIS PARTICULAR ONE.

FOR THE WHOLE PUD RIGHT? THERE WAS A PROMISE THAT, THAT AFTER ALL THE DEVELOPMENT, THERE'D BE, THERE'D BE A, A CERTAIN AMOUNT OF OPEN SPACE.

ALL I KNOW IS FOR AREAS JK AND L IT WAS, THAT TOTAL AREA WAS 107.43 ACRES AND THE REQUIREMENT WAS 25%, WHICH IS CONSISTENT WITH THE PUD, WHICH WOULD'VE BEEN 27.08 ACRES.

AND THAT'S FOR THE QUARRY PORTION OF THE PUD.

AND AND WITH THIS PLAN, YOU STILL STILL MEAN THAT.

SO WHAT I WAS HOPING FOR, BECAUSE I, THERE WAS A BIG THING THAT THE RESIDENTS SAID, I DON'T REMEMBER WHAT THE TOTAL NUMBER WAS AND I DON'T HAVE ALL MY NOTES HERE, BUT IT WAS A PRETTY LARGE NUMBER.

AND I WONDER, WASN'T IT, IT'S NOT LIKE 32 30, SO GOLF COURSE, I THINK IT'S WAS HIGHER THAN 32 ACRES I THINK IT WAS.

OH, IT'S MORE THAN THAT BECAUSE YEAH, YOU GOT THE WHOLE GOLF COURSE.

I DON'T THINK THAT HAS THE, SO, SO, SO YEAH, SO AS EE WAS MENTIONING, THINKING ABOUT THE, THE GOLF COURSE, WHEN I HEARD THAT NUMBER AND I LOOK AT THE MAP AND I DIDN'T GO THROUGH TO WITH A RULER AND FIGURE OUT THE AREA OF THE TRIANGLES TO TRY AND DO THE MAP OF THE ACREAGE.

MY FIRST IMPRESSION WAS THAT WHEN THEY PROMISED THE OPEN SPACE, THEY WERE INCLUDING THE CORE, THE, THE, THE CLIFF AREA AND THE GOLF COURSE.

BUT THE RESIDENTS ARE SAYING THAT'S NOT TRUE.

SO WHAT I'D LIKE TO SEE IS WE AGREE WITH THAT.

YEAH.

THAT'S NOT PART OF THE 27TH, IT'S NOT PART YEAH, WE AGREE.

IT'S NOT PART WE, WE AGREE WITH THAT.

SO I WAS KIND OF HOPING THAT SOME THEY COULD SEND SOME MAPS OF WHERE THERE WAS THE OPEN SPACE BACK THEN TO MEET THAT PROMISE.

I, WHAT I, WHAT I'D REALLY LIKE IS, IS A, A SHADED MAP WHERE THERE'S SOME COLORS THAT SHOW WHERE THE OPEN SPACE WAS PROPOSED AND PAIR THAT TO SOMETHING THAT WE HAVE TODAY.

YEAH, WE COULD PROBABLY DO THAT.

SO I DO WANNA NOTE THAT DURING THE HEARING ON JANUARY, DAVE AND I ACTUALLY SPENT, THIS IS A FUN WAY TO SPEND THE HOLIDAY BREAK GOING BACK AND LOOKING AT ALL THE RECORDS.

AND AS YOU RECALL DURING YOUR MEETING IN NORWAY, JANUARY ACTUALLY SUBMITTED THE PARCEL REPORTS FOR THOSE AREAS WITHIN THE CORY DEVELOPMENT THAT CONSTITUTE PERMANENT OPEN SPACE.

UM, AND I'LL JUST GO OVER THEM VERY, VERY BRIEFLY.

THEY ARE AS FOLLOWS.

SO THERE'S SIX PARCELS WITHIN THE QUARRY AREA.

ZERO BRIARCLIFF DRIVE, WHICH IS OWNED BY THE BRIARCLIFF HOMEOWNERS ASSOCIATION, 5.11 ACRES, ZERO BRIARCLIFF DRIVE, WHICH IS ALSO OWNED BY THE BRIARCLIFF HOMEOWNERS ASSOCIATION.

10.53 ACRES, ZERO BRIARCLIFF DRIVE, WHICH IS ALSO OWNED BY THE BRIARCLIFF HOMEOWNERS ASSOCIATION.

3.38 ACRES.

ZERO CHRISTOPHER BOULEVARD, OWNED BY THE BRIARCLIFF HOMEOWNERS ASSOCIATION.

POINT FOUR THREE ACRES ZERO CHRISTOPHER DRIVE, A SECOND PARCEL OWNED BY

[02:35:01]

THE BRIARCLIFF HOMEOWNERS ASSOCIATION POINT THREE SIX ACRES.

AND THEN THIS IS ONE THAT I THINK THERE WAS A LITTLE BIT OF DISAGREEMENT, ALTHOUGH CLEAR AS DAY IT QUALIFIES ZERO CLOVER BANK ROAD, WHICH IS 3.1 ACRES THAT REMAINS OWNED BY BURKE DEVELOPMENT LLC.

AND MY UNDERSTANDING OF THAT IS BECAUSE THE HOMEOWNERS ASSOCIATION DIDN'T WANT TO ACQUIRE TITLE, BUT IT IS PERMANENT OPEN SPACE, SO IT WILL NOT BE DEVELOPED AS WE'VE INDICATED PREVIOUSLY, IF THE HOMEOWNERS ASSOCIATION, ONE OR MORE OF THEM WANTED TO ACQUIRE THAT THEY COULD.

AND IN ADDITION, NOW THAT WE HAVE A TON OF PERMIT OPEN SPACE ON OUR SITE, THAT SAME OFFER WOULD HOLD TRUE HERE.

WITH IT BEING SAID, KEEP IN MIND BECAUSE THESE ARE UNITS THAT WILL BE FOR SALE WITH PRIVATE INFRASTRUCTURE, WE'LL BE FORMING OUR OWN ASSOCIATION AND THAT PROPERTY WOULD BE CONVEYED TO OUR OWN ASSOCIATION UNLESS THEY WANTED IT.

AND PRESUMABLY THEY DON'T WANT IT BECAUSE WHY DO THEY WANT THE MAINTENANCE REQUIREMENTS, THE LIABILITY, ET CETERA, ET CETERA.

BUT IT WILL ULTIMATELY BE DEED RESTRICTED AND OWNED BY AN ASSOCIATION CHAIRMAN CLARK, IF YOU THOUGHT THAT WOULD BE HELPFUL TO TAKE THE BASE PLAN THAT WE'RE WORKING OFF, HIGHLIGHT THOSE AREAS WHICH WERE DESIGNATED AS PER OPEN SPACE, AND THEN TRY AND BASICALLY TAKE WHAT'S OUT THERE TODAY AND MIRROR THAT.

WE CAN CERTAINLY MAKE AN EFFORT TO DO SO.

AND, AND I'D I'D APPRECIATE, I DON'T KNOW IF THEY HAVE THE CAPABILITY, BUT IF, IF THE HOMEOWNER'S ASSOCIATION WANTED TO DO A COMPETING MAP SURE.

SO I COULD COMPARE THEM AND THAT WOULD GIVE ME A BETTER UNDERSTANDING OF, AND I UNDERSTAND BOTH ARGUMENTS, BUT WITH, WITHOUT TAKING A RULER AND TRYING TO TO FIGURE OUT THE LAND AREA, I DON'T THINK THERE'S AN ARGUMENT.

WELL, I DON'T WANNA SPEAK FOR THE RESIDENTS.

YEAH, RIGHT.

YEAH.

I DON'T WANNA SPEAK FOR THE RESIDENTS.

SO, AND AGAIN, I I MAYBE BOTH MAPS AND NOW LOOK THE SAME AND DON'S HERE THE PRESIDENT OF THE ASSOCIATION, OUR PREFERENCE WOULD STILL BE, AGAIN, TOUGH TO HAVE THAT DISCUSSION IN THE CONFINES OF THESE MEANS.

RIGHT.

OUR PREFERENCE WOULD STILL BE TO MEET WITH, YOU KNOW, REPRESENTATIVES WITH HI AGAIN.

I THINK WE'VE MADE SOME PRETTY GOOD CHANGES BASED ON THEIR INPUT.

YEAH, I MEAN I I THINK THIS IS A LOT CLOSER WITH SOME OF THOSE OLDER MAPS THAN WHAT WAS ORIGINALLY PROPOSED.

YEAH.

THIS WILL ACTUALLY RESULT IN A SURPLUS, BIG REDUCTION IN DENSITY ALLOWED IN A, A SURPLUS OF APPROXIMATELY TWO ACRES OF PER OPEN SPACE.

ANYTHING ELSE THAT IS, WE GOT A LOT OF INFORMATION ON THIS PROJECT.

WE HAD A LONG PUBLIC HEARING SPANNING TWO MEETINGS, MULTIPLE PEOPLE PRESENTED.

THERE HAVE BEEN A LOT OF DOCUMENTS FOR ME PERSONALLY, I JUST THOUGHT A MAP LIKE THAT WOULD HELP ME UNDERSTAND, SO I COULD LOOK AT IT FROM A DIFFERENT PERSPECTIVE.

UM, SO ANY, ANY OTHER SUGGESTIONS THAT ANYBODY ELSE HAS ON THE BOARD? 'CAUSE THIS, THIS IS A LOT TO WADE THROUGH EVEN FOR, EVEN FOR THE STUFF WE GET.

SO I'M TRYING TO FIND A WAY TO, TO HELP US MAKE AN INFORMED DECISION.

SO ANY OTHER THINGS ANYBODY WANTS OR WOULD LIKE TO HAVE RELATES? I'M SORRY.

IT ESPECIALLY RELATES TO THE FACT THAT THERE ARE ABOUT 12 BOXES IN THE ADJOINING MOVEMENT STATIC OFFICE.

AND WHAT DO YOU WANT US TO LOOK FOR IN THE 12 BOXES? WELL THAT'S, SO, SO I, I KIND OF STARTED LIKE, I WAS GONNA LOOK AND SAY, OKAY, BACK THEN IN 1988 THEY PROMISED THIS MUCH AND WHERE, WHERE DID THEY HAVE IT? AND WHEN I WENT TO START THAT PROCESS, I DECIDED THAT I AM COMPLETELY UNQUALIFIED TO TRY AND DO THE MAP, TO DO THE MATH AND LOOK AT A MAP AND DO A CONVERSION OF LITTLE PIECES TO ACRES.

SO, UH, HOPE I'M RELYING ON PEOPLE THAT, UH, MAYBE HAVE A LITTLE BIT MORE KNOWLEDGE OF IT THAN ME TO DO IT FOR ME.

RIGHT.

AND THAT WAS DONE LIKE 10, 15 YEARS AGO BY PREVIOUS CHAIRMAN CRANDALL DID THAT FOR THE HEART TRAIL.

THAT WAS 30 YEARS AGO THAT SHOWED THE HEART TRAIL AND WHATEVER, WHAT'S THAT? 30 YEARS AGO WAS TWO AND 93.

NO, IT'S 30 WAS 30.

WOW.

LONG TIME AGO.

LONG TIME.

SO WE HAVE TO MORE LIKE, SO, SO MAYBE, MAYBE THE PLANNING BOARD CHAIRMAN IS, UH, QUALIFIED TO MAKE THAT MATTER.

I DECIDED I DIDN'T WANT IT.

HE WAS AN ARCHITECT.

.

NO, BUT HE, THE TOWN RETAINED US FARMER CLARK TO ASSIST WITH THAT.

SO HE DIDN'T DO IT.

OH YEAH.

IF YOU ACTUALLY LOOK AT THAT REPORT, THAT REPORT'S PART OF THE RECORDS BUT SUBMITTED BY EVERYONE, THERE'S ACTUALLY SOME PRETTY GOOD TEXT DESCRIBING WHERE THOSE AREAS ARE AS WELL.

I THINK IT'S PAGES 16 AND 17, RIGHT.

OF THE 92 REPORT.

BUT YEAH, WE CAN DO OUR BEST.

WE'LL RELAY THIS INFORMATION BACK TO OUR PROJECT ENGINEERS NOT HERE THIS EVENING.

I THINK WE CAN COME UP WITH SOMETHING THAT WOULD GIVE YOU A PRETTY GOOD COMPARISON, RIGHT? IS EVEN THOUGH THE PUBLIC HEARING'S CLOSED, IF ANYBODY FROM THE PUBLIC WANTS TO DO THE SAME THING, THAT WOULD BE APPRECIATED.

ALSO, THE OTHER TWO THINGS THAT WE THOUGHT YOU WOULD PROBABLY FIND OR

[02:40:01]

SIMPLER, THE OTHER TWO THINGS WE THOUGHT YOU'D PROBABLY PROVIDE, PROVIDE, OR WOULD BE HELPFUL.

AGAIN, WE WERE LITERALLY WORKING ON THIS TILL LATE LAST WEEK, IS A LANDSCAPE PLAN.

AND I THINK YOU PROBABLY WANNA SEE THAT WE JUST DIDN'T HAVE TIME IN A LIGHTING PLAN.

GET YOU THOSE SO WE CAN AT LEAST THOSE ARE TYPICAL NEIGHBORHOOD ISSUES THAT WE SHOULD PROBABLY ADDRESS.

AND AGAIN, WE'D WELCOME THE INPUT OF THE NEIGHBORS ON THE LANDSCAPING BECAUSE NOW WE HAVE SOME ROOM TO WORK WITH.

YEAH.

AND I DO WANNA REITERATE JUST AGAIN, AND, AND IT WILL BE ENTIRELY CONSIDERABLE THERE.

THIS WILL NO LONGER BE A DRIVEWAY, IT WOULD SIMPLY BE AN ADDITIONAL TWO UNIT HOME, JUST WHAT'S THERE TODAY.

OH, I SEE.

FOR SALE.

YEAH.

WHICH MEANS IT'S GOOD FOR THE NEIGHBORS BECAUSE THAT MEANS IT CAN NEVER CHANGE THEIR DRIVEWAY IN THE FUTURE.

RIGHT.

1000 THERE IS THE RAILWAY SHOWN ON.

YEAH, SO THE RAILWAY, THANKS FOR BRINGING THAT UP TO THE EDGE OF THE SUFFOLK IN WESTERN RAILROAD RIGHT AWAY.

THAT'S WHAT WAS LABELED FORMERLY PENN.

PENN CENTRAL.

PREVIOUSLY TO THE, NOT TO THE TRACKS, BUT TO THE EDGE OF THE RIGHT OF WAY.

WE WERE AT 20 FEET AND YOU CAN SEE THE TRACKS ARE, I BELIEVE, 50 FEET FURTHER NOW UNDER THE CURRENT PLAN.

WE'RE TRYING TO KIND OF CENTER, WE WANTED TO MAKE SURE WE RIGHT.

WE, THAT DIMENSION IS CHANGED FROM 20 FEET TO 83.

SO A BIG INCREASE.

SO FROM THE TRACKS THEMSELVES, AT LEAST THE NEAREST POINT OF THE TRACKS, AT LEAST 135 FEET.

AND THEN WHAT'S THE DISTANCE BETWEEN THOSE ONES? THE BRIAR CLIFF ONES? LIKE IN THE HERE? NO, NO, NO.

LIKE AS CLOSE AS THEY GET TO THE TRACKS IN THE TOP LEFT CORNER HERE.

YEAH.

SO WHAT'S THAT SPACE? I WOULD SAY THERE'S NOT A DIMENSION THERE.

THAT'S PROBABLY ABOUT 50 FEET TO THE REAR OF THE WATT.

OKAY.

AND YOU KNOW, AS YOU GO, AS YOU HEAD EAST ON BRIARCLIFF, OBVIOUSLY YOU CAN SEE THEY INCREASE.

YES.

OKAY.

YEAH, THERE'S CERTAINLY RESIDENTIAL USES THAT ARE CLOSER TODAY THAN WHAT WE'RE PROPOSING.

AND THE SETBACKS FOR RAILROADS ARE FEDERALLY REGULATED, NOT BY THE TOWN.

THAT'S CORRECT.

BUT IT WAS SOMETHING THAT WAS VOICE.

IT WAS, IT WAS, NO, THANK YOU FOR BRINGING THAT UP.

THAT WAS SOMETHING WE LOOKED AT.

COULD WE INCREASE THE SETBACK ON BOTH SIDES? THAT WAS ONE THAT YOU WERE TECHNICALLY IN CONFORMANCE WITH.

WE JUST, WE WERE ALL THOUGHT IT WAS SMALL, BUT THERE WAS, UM, THIS IS MUCH BETTER WITH THE RAILROAD.

IT TOOK US A LOT OF REITERATIONS BECAUSE WE FINALLY REALIZED LAST WEEK WE'RE JUST GONNA HAVE TO GET RID OF A WHOLE ROAD TOWNHOUSE.

SO IT'S NOT SOMETHING WE REALLY WANTED TO DO.

BUT IN ORDER TO ADDRESS ALL THOSE COMMENTS WE DID, AND AGAIN, DAVE, TO HIS CREDIT, WE'RE LOSING 30 SOMETHING UNITS.

I MEAN IT'S, IT'S A BIG REDUCTION.

AND THERE WAS A, A WHOLE LIST WE HAD OF KIND OF NON-CONFORMING USES, FOR LACK OF A BETTER WORD, LIKE THE WHATEVER THAT WEIRD LIKE FENCING OR BUSH REQUIREMENT IS.

RIGHT.

SO SOME OF THE SIDE YARD AND THE REAR YARDS.

RIGHT.

DO YOU KNOW OFFHAND? I'M, I'M SURE IT'S IN YOUR MEMO.

WHICH OF THOSE ARE, UM, REMAINING? I DO, I MEAN VARIANCES.

YEAH.

SO THIS ALSO, WE HAVE A VARIANCE APPLICATION PENDING BEFORE THE ZONING BOARD APPEALS.

IT IS NOT ISSUED DECISION ON THIS BECAUSE AGAIN, IT REQUIRES A SECRET DETERMINATION TO BE ISSUED FROM, FROM THIS BOARD.

SO THE VARIANCES WE NEEDED WERE FOR THE SIZE OF THE LOTS AND KEEP MIND THE LOTS ARE JUST THAT LITTLE AREA THAT YOU GET WHEN YOU ACQUIRE TOWN HOME.

YOU STILL HAVE ACCESS TO THE GREEN SPACE.

SO WE'VE NOW INCREASED THOSE.

WE STILL MAY NEED A VARIANCE, BUT THERE'S BEEN AN INCREASE IN THE SIDES.

UH, THE FRONT YARD SETBACK OF THE TOWN HOMES STILL BE THE SAME ONE FOOT.

AND AGAIN, IT'S ONLY BECAUSE THEY'RE TOWN HOMES ON THESE SMALL LOTS SIDE YARD SETBACK OF THE TOWN HOMES.

FOR THE INTERIOR ONES, OBVIOUSLY BECAUSE THEY'RE CONNECTED, WE WON'T HAVE 10 FEET, UM, SIDE YARD SETBACKS OF THE GROUPS OF THE TOWN HOMES.

I THINK WE'VE INCREASED THAT, THAT PATIO AREA, WHICH 250 FEET REQUIRED THE PATIO LIVING AREA FOR EACH TOWN HOME UNIT, I BELIEVE WE CAN ELIMINATE THAT.

AND THE REAR YARD SETBACKS OF THE TOWN HOME UNITS, I BELIEVE EITHER WE CAN MODIFY OR ELIMINATE THAT WAS PREVIOUSLY AT 6.59 FEET.

AND ONE OF THE THINGS I WANT TO NOTE IS WE THINK 30 FEET IS APPROPRIATE FOR EACH UNIT IN TERMS OF THEIR KIND OF THEIR OWN ENCLOSED BACKYARD WHERE THEY CAN DO WHAT THEY WANT.

OBVIOUSLY UNDER THIS LAYOUT, WE COULD MAKE THOSE LOTS AS DEEP AS WE WANT.

IT WOULD ELIMINATE VARIANCES, BUT I DON'T THINK IT'S IN THE BEST INTEREST OF EITHER THE FUTURE RESIDENTS THAT ONLY WANT A LITTLE DEFINED AREA TO MAINTAIN OR THE NEARBY PROPER OWNERS.

BECAUSE NOW THE REAR OF THOSE YARDS IS EXTENDING CLOSER.

I'D RATHER HAVE ONE PARTY RESPONSIBLE FOR THE UPKEEP AND MAINTENANCE OF THE GREEN SPACE.

AND LANDSCAPING, AGAIN, AN ASSOCIATION THAT'S FORMED PURSUANT TO APPROVAL BY THE ATTORNEY GENERAL'S OFFICE.

SO THE LOT LINES ARE SOMEWHAT ARTIFICIAL, BUT WE STILL WILL REQUIRE VARIANCES.

AND AGAIN, LITERALLY IF THESE WERE APARTMENTS OR IF THEY WERE JUST SIMPLY CONDO, WHICH WOULD JUST BE A TAX BREAK FOR MR. BURKE, NONE OF THOSE VARIANCES WOULD BE NEEDED.

RIGHT.

IT'S, IT'S A LITTLE STRANGE, YOU KNOW, WE'RE DOING A LAYOUT THAT'S BETTER FOR THE TOWN, BETTER FOR THE RESIDENTS, YET IT REQUIRES VARIANCES WHERE THE OTHERS WOULDN'T.

[02:45:01]

SO BILL, JUST FOR THE RECORD, SO THE NEW PLAN OR MEMBERS KNOW WHEN WE HAVE A PROJECT THAT WAS SUBJECT OF DIS, TYPICALLY WE'RE REVIEWING THE FINDING STATEMENT TO SAY WHETHER IT'S INFORMANCE OR NOT.

WE'VE ACKNOWLEDGED WITH BRIARWOOD BECAUSE OF THE FACT THAT IT IS IN EXCESS OF 30 YEARS OLD DOESN'T MEAN THAT SEEKER EXPIRED.

THERE'S NO EXPIRATION DATE FOR SEEKER.

BUT IT DOES SAY IT OFFERS YOU THE OPPORTUNITY IF THINGS HAVE CHANGED.

YOU CAN EITHER ISSUE AN NEG DECK OR ISSUE A PO DECK AND ASK FOR A SUPPLEMENTAL IMPACT DATE.

THE APPLICANT IS ASKING, BASED UPON ALL THE INFORMATION SUBMITTED THAT THEY BELIEVE THAT THEY'VE UPDATED THE INFORMATION TO SHOW THAT THIS STILL RESULTS IN A NEGATIVE DECLARATION.

THERE'S NO WAY WE CAN SAY IT IS IN CONFORMANCE WITH THE FINDING BECAUSE IT'S JUST SO OUTDATED.

WE'VE, WE'VE DONE EITHER NEGATIVE DECK OR WHATEVER FOR PROJECT BECAUSE IT'S JUST OUTDATED INFORMATION.

IT DOESN'T CHANGE THE PUD PLAN.

IT IS JUST THE INFORMATION ABOUT WATER, SEWER, DRAINAGE, ALL THOSE THINGS.

TRAFFIC IS EXTREMELY OUTDATED.

EXTREMELY OUTDATED.

RIGHT.

THAT FINDING STATEMENT IS 44 YEARS OLD.

RIGHT.

JUST I'VE DEALING FOR 30 YEARS AND WE DON'T HAVE A PART TWO ON THIS YET, RIGHT? NO, NO, YOU DON'T.

OKAY.

I I, I THINK ANY OTHER INFORMATION NUANCE, TELL US A LITTLE BIT ABOUT THAT THREE UNIT BUILDING ON THE FAR RIGHT, THERE'S NO SPACE UP TO THE LINE, BUT YEAH, SO THIS, THIS IS HERE, BUT THE GOOD NEWS IS THERE'S NO RESIDENTIAL UNITS HERE.

OKAY.

SO THAT'S WHY WE'RE TRYING TO NOT LOSE EVERYTHING.

SO WE CAN TUCK IN THE THREE UNIT BUILDING, BUT AS YOU CAN SEE, THERE'S NO, THE LOT LINE, NOT THE UNIT ITSELF, BUT THE LOT LINE HERE IS GONNA COME REAL CLOSE TO THE BOUNDARIES OF THE PROPERTY, BUT THERE'S NO HOUSE ON THE OTHER SIDE OF IT.

WE ACTUALLY HAD THAT HERE LAST WEEK.

THE PROBLEM WAS NOW WE'RE GETTING CLOSER TO THESE NEIGHBORS.

WE JUST THOUGHT LET'S JUST LEAVE THIS ALL.

SO YOU'LL NEED A VARIANCE FOR THAT THEN WE WILL NEED A VARIANCE FOR THAT IN TERMS OF SETBACK.

YES.

AND THAT'S PERMANENT OPEN SPACE BEHIND THAT FOR IT IS.

OKAY.

YEAH, AGAIN, WE WERE, WE WERE TRYING TO BALANCE ALL THESE THINGS AT THE SAME TIME.

IT, IT ACTUALLY WENT THROUGH A LOT OF PLANS AND THIS LITERALLY IS THE LEAST NUMBER OF UNITS OF ANY OF THE PLANS WE LOOKED AT.

ALL RIGHT.

SO ANY OTHER QUESTIONS? OKAY.

SO I'M, I'M GONNA MAKE A MOTION TO TABLE DATE OF DEVELOPMENT TO MAY 17TH.

AND I'M GONNA REQUEST THAT THE PLANNING DEPARTMENT CONSULTANTS HAVE A PART TWO PREPARED ON THAT DATE FOR US TO REVIEW.

AND I WILL START OF PART THREE.

I ALWAYS DO A PART TWO, IDENTIFY WHAT HAS BEEN SUBMITTED AS ADDITIONAL INFORMATION.

THERE'S A MOTION BY BILL, SECOND BY J.

ALL IN FAVOR? AYE.

AYE.

AYE.

MOTION CARRIED.

THANK YOU.

EVERYONE HAVE GOOD EVENING.

THANK YOU VERY MUCH JOSH ADDRESSES.

I'LL THANK YOU FOR I'LL, ALRIGHT, FINAL ITEM ON THE AGENDA IS A L ASPHALT SEEKER STATUS UPDATE.

AND THIS WAS PUT ON THE AGENDA BY OUR ATTORNEY.

UH, WHAT DO YOU GOT FOR US? OH, SORRY FOR PUTTING IT ON YOUR AGENDA OVER FIVE SINCE YOU EXPRESSED YOUR DIS DISPUTE.

DISPLEASURE WITH ME.

UM, IN ANYWAY, UH, WE DID RECEIVE A REVISED DEIS FROM THE APPLICANT YESTERDAY.

UH, IT'S UNDERGOING REVIEW BY OUR ACCOUNT CONSULTANTS RIGHT NOW.

UM, WITH THAT OUR NEW DEADLINE TO, WE HAVE 30 DAYS FROM THE REVIVE TO ACCEPT OR DECIDE ON OUR NEXT STEPS.

SO WE WOULD HAVE TO DECIDE ON THAT BY OUR MAY 3RD MEETING.

UM, AT THIS TIME WE JUST SUGGEST WE PLACE IT ON OUR NEXT AGENDA JUST TO HAVE AN OPEN DISCUSSION ABOUT IT OR DECIDE WHICHEVER COURT PREFERS.

UH, BUT JUST GIVEN, UH, THE POTENTIAL LITIGATION FOR THIS, I BELIEVE THAT WE SHOULD PROBABLY GO INTO AN EXECUTIVE SESSION WITH THIS ELSE FURTHER.

ALRIGHT.

UM, WELL HOW ABOUT BEFORE WE DO THAT? WE WILL SCHEDULE THIS FOR A REVIEW ON APRIL 19TH AND THEN WE'LL ALSO PUT IT ON THE MAY 3RD MEETING FOR A VOTE, BECAUSE THAT'S 28 DAYS.

SO MAY 3RD WILL ALLOW, IS TO DO A VOTE WITHIN A 30 DAY TIMEFRAME.

SO MAKE A MOTION TO PUT THAT ON THE SCHEDULE BEFORE WE GO TO THIS EXECUTIVE SESSION.

IT'S A MOTION BY BILL.

SECOND.

SECOND BY SECOND.

SECOND, SECOND.

SECOND BY DENNIS.

A ALL IN FAVOR? AYE.

A AYE.

OH YEAH, YEAH, THAT'S RIGHT.

IT'S JUST SCHEDULING THE SHORT.

SAME, SAME.

UM, SO THEN YOU WANTED TO GO TO EX EXECUTIVE SESSION? WE DON'T HAVE TO IT ON THAT, DO WE? ALL RIGHT.

SO WE'LL GO TO EXECUTIVE SESSION TO TALK TO OUR LAWYERS ABOUT LITIGATION.

SO DO YOU WANNA GO INTO THE PLANNING OFFICE? YES.

YEAH.

OKAY.

UM, CAN YOU LET HIM IN? I'LL START.

WE CAN LEAVE OUR STUFF HERE.

[02:50:01]

QUESTION.

I'M ON THIS.

WE'LL BE BACK HERE.

FOUR 9% AND THAT'LL BE, WE'LL PROBABLY COMPLETE SCHEDULE A PUBLIC HEARING, BUT MAY BE A PUBLIC HEARING.

YOU'LL HAVE TO SERIOUS.

THIS IS ONE YOU'RE YEAH, BUT THANKS FOR HAVING ME.

YOU GUYS WERE OF COURSE JUST GONNA, WE'RE JUST GONNA, IT'S THE MIDDLE OF FOUR RESIDENTIAL LEADERS.

THAT'S IDEA.

OH IT IS.

YES.

WE LIKE YOU.

I'M, I'M ON THE THREAD.

YEAH.

SO I JUST SET UP A MISTAKE RIGHT, CARRIE? AND STAY OUT.

YES.

SO I'M GONNA ASK ABOUT THAT.

UM, WE WOULD LIKE, SO HERE, THIS IS MY YEAH.

PLANNING I THAT LIKE, I'M KIND OF CONFUSED OF LIKE, OH, I WAS GONNA ASK JEFF, BUT I LIKE WHY, WHY THINK? BECAUSE HE DIDN'T PUSH THE PUBLIC OFFICE.

JUST THAT THERE'S NO OPPORTUNITY OFFICE TAKE PUBLIC INPUT HEARING.

THERE'S THE SPEAKER, WHICH IS STATE ENVIRONMENT POLICY ACT, AND WE HAVE NEGATIVE DECLARATION OR POSITIVE DECLARATION DATA.

THERE COULD BE ON, THAT'S IN THE PLANNING TO DO ENVIRONMENTAL REVIEW BECAUSE THEY'RE ALSO COMMUNICATE ZONING VARIANTS THAT IS WITH TOWN.

WE HAVE A PUBLIC HEARING.

AND UNDER CHANGING THE ZONING WILL ALLOW THAT RESIDENTIAL USE AND YOU'LL BE ABLE TO SPEAK THERE.

OKAY.

ONCE THE TOWN SAYS ZONING BACK TO US IN PLANNING FOR, FOR US TO GIVE THEM A RECOMMENDATION, THE ZONING PAGE AND WE VARIOUS SHAPE AND SIZE MAKE SENSE, DOES THIS SITE, SO THEY'RE JUST LIKE, AND SO THERE'S, OKAY, GOOD.

BUT I DO LIKE THE FACT THAT THERE'S ALL HERE THE RIGHT, THAT'S, YEAH.

I.