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[00:00:58]

I TALKED TO KIM IN JEN EARLIER, AND WE CAN TALK A LITTLE MORE ABOUT, AND WE CAN TALK MORE ABOUT, JENNIFER SAID IT WORKED OUT LAST TIME.

I DID.

DID OKAY.

LAST TIME SHE DID THAT.

IT WORKED OUT.

WORKED OUT.

HAVEN'T STARTED YET.

EXCELLENT.

BUT I WILL.

IT'S A FRIENDLY WRITER, RIGHT? SARAH WAS SELLING, THEY'RE BUYING BILL.

YES.

SARAH WAS, WERE YOU ON THAT? YEAH, THE GROUP TEXTED.

MAKE SURE PEOPLE INTRODUCE THEMSELVES.

I DIDN'T DO A REPLY AT ALL BECAUSE, AND I I SAID THAT YOU WERE ON VACATION.

SO CALLING I TOLD HER TEXT IS THIS, SHE CALLED ME RIGHT AFTER THE LAST MEETING BECAUSE NO ONE INTRODUCED THEMSELVES.

RIGHT.

BUT WE HAVE A SIGN SHEET, SO YOU ARE GONNA NEED TO MAKE SURE TO CLEARLY INTRODUCE YOURSELF INTO THE MICROPHONE IN THE RECORD ONCE WE DO THAT.

SARAH, MINUTES.

I HEARD SHE'S STILL DOING MINUTES.

SHE IS, YEAH.

STILL HELPING.

SHE'S STILL, SHE'S STILL US IN LINE.

DID YOU APPROVE THE RIGHT MINUTES LAST MEETING? WE DID NOT.

WE DID NOT APPROVE SESSION CAME BACK.

I DID TURN THE RECORDER BACK.

I WOULD'VE BEEN DRIVING MIDNIGHT.

CAN'T THIS GO HOME AND GET MY GLASSES? THAT I, HE DID.

SO I DIDN'T HAVE, BECAUSE IT WAS, IT WAS LIKE I WASN'T MAKING THAT AFTER THREE SECONDS TO LET SOMEBODY ELSE DO IT.

DONE FIVE, THE RECORDER.

I COULDN'T TELL ANY DIFFERENCE.

WE HAVE AN AGENDA.

I GET IT.

UM, SO FIRST ITEM ON THE AGENDA ON THE WORK SESSION IS DAVID CANFIELD.

THANK YOU, MR. CHAIRMAN.

UH, ROB P FROM S PALMER AND CLARK.

OUR OFFICE IS LOCATED AT 3 5 5 6 LAKESHORE ROAD IN HAMBURG.

UH, I'M HERE THIS EVENING ON BEHALF OF MR. DAVID CANFIELD.

UM, MR. CANFIELD, THE PROPOSAL THAT'S HERE IN FRONT OF YOU TONIGHT IS FOR A LANDSCAPE STORAGE BUILDING.

HE OWNS A LANDSCAPING AND SNOWPLOW BUSINESS.

HE'S PROPOSING TO BUILD A NEW BUILDING ON THIS PROPERTY.

THIS IS THE EXACT SAME PLAN THAT THIS BOARD APPROVED FOUR YEARS AGO.

EVERYTHING IS IDENTICAL.

HE, THIS, THIS IS THE PLAN.

I CAN FIND ANY CHANGES.

THIS IS THE PLAN WE APPROVED BACK IN 2019.

I WAS ACTUALLY GONNA PASS IT AROUND, BUT SINCE THROUGH IS SO KIND TO BRING IT THERE.

SO, UM, HE DID, I, AS I MENTIONED TO UH, KAITLYN, HE DID TALK TO DOLLAR GENERAL AFTER HIS PROPOSAL KIND OF WENT ON HOLD.

HE TALKED TO THE DOLLAR GENERAL.

I BELIEVE THEY GOT A PLAN APPROVED FOR THIS PARCEL.

TOLD YOU WITH THIS PARCEL? YEAH.

YEAH.

IT'S THE DOLLAR GENERAL PIECE.

HE, THAT ONE, HE, THEY APPARENTLY, FOR WHATEVER REASON, WERE NOT ABLE TO MAKE THE FINANCES WORK FOR THE PROJECT AND SO THEY DECIDED TO PULL OUT OF A DEAL.

SO HE'S BACK, HE, EVERYTHING WENT ON HOLD FOR COVID AND HE'S BACK WITH THE EXACT SAME PROPOSAL AS WAS APPROVED BY THIS BOARD IN 2019.

UM, I DON'T KNOW IF IT'S POSSIBLE, BUT HE IS SEEKING TO, UH, HAVE YOU, IF IT'S POSSIBLE TO EXTEND THE APPROVAL THAT WAS GRANTED.

UH, I DON'T KNOW, BUT WE DO, I BELIEVE THE LAW IS IT EXPIRED.

YOU CAN ASK FOR A SIX MONTH EXTENSION.

UNFORTUNATELY IT EXPIRED.

YOU DIDN'T, AND A NEW PROJECT CAME IN.

SO UNFORTUNATELY WE'RE GONNA, AND AGAIN, I'LL DEFER TO JENNIFER, BUT THIS IS A, WE HAVE TO TREAT IT AS RE HOLD.

A PUBLIC HEARING SHOULD BE AN EASY APPROVAL.

BUT WE

[00:05:01]

DO HAVE TO, BECAUSE THE, THE APPROVAL EXPIRED.

WE HAD ANOTHER PROJECT.

THIS IS BACK NOW.

WE HAVE TO REAPPROVE IT.

SO WE HAVE TO HOLD A PUBLIC HEARING.

IT'S REAPPROVE IT.

OKAY.

OKAY.

SORRY.

UNDERSTOOD.

SO, QUESTION FOR YOU DREW THIS LOCATION.

WOULD, DID ANYTHING CHANGE IN THE COMP PLAN ABOUT WHAT THE RECOMMENDATION, SO THAT, SO, SO REALLY WE CAN RE-REVIEW ALL THE DOCUMENTS THAT THIS BOARD PUT TOGETHER PREVIOUSLY AND START FROM THERE AS, THE ONLY QUESTION I HAD WAS THAT, AS YOU REMEMBER, CAITLYN, I THINK YOU ON THE BOARD, BILL WAS ON THE BOARD.

I THINK DENNIS WAS ON THE BOARD.

DENNIS WAS ON THE BOARD AT THE TIME.

THIS HAD AN ISSUE OF, OF WETLANDS AND THEY DID A WETLANDS DELINEATION.

THEY WERE AVOIDING THE WETLANDS.

I BELIEVE THE WETLANDS DE NATION HOPEFULLY IS STILL GOOD.

YOU DON'T HAVE TO REDO IT.

YEAH.

THEY ACTUALLY HAD EARTH DIMENSIONS JUST IN MARCH 29TH, 2019 GO OUT.

UM, THERE ARE WETLANDS ON THE PROPERTY, BUT WHERE THEY'RE PROPOSING TO DEVELOP, THERE ARE NO WETLANDS AND THEY, THEY EARTH, EARTH DIMENSIONS, UH, HAS TOLD THEM THAT AS LONG AS THEY'RE DEVELOPING IN THE AREA, AND I WILL SEND THIS LETTER AROUND.

THIS IS ACTUALLY, I THINK THERE HAS BEEN SOME FILLING ON THAT PROPERTY.

RIGHT.

AND THAT WAS THE OTHER BIG PROBLEM THAT WAS BROUGHT UP IF YOU READ THE MEETING MINUTES, IS THAT THEY REFUSED OF ILLEGAL FILLING ON THE PROPERTY.

THE APPLICANT AT THE TIME SAID, HEY, I DIDN'T DO THIS.

IT'S BEEN THERE FOR A WHILE AND I BELIEVE IT WAS RESOLVED OR WHATEVER, BUT WE'LL DOUBLE CHECK INTO THAT.

BUT THERE WAS, THE CONSERVATION BOARD SAID IT LOOKED LIKE THERE WAS FILLING ON THE SITE, ILLEGAL FILLING ON THE SITE AND THERE, AND IT WAS PEOPLE WHO DUMPED ILLEGALLY ON, ON HIS PROPERTY.

I DO WANNA SEND THIS AROUND BECAUSE THEY HAD AN UPDATED, UH, WALKOVER DONE.

AND YOU'RE NOT ASKING FOR ANY SUBDIVISION, RIGHT? NO SUBDIVISION.

THE PARCEL IS 4.2 ACRES.

THE PROPOSED DEVELOPMENT AREA IS 0.55 ACRES.

SO IT'S UNDER A HALF ACRE OR JUST RIGHT AT A HALF ACRE OF DISTURBANCE FROM THE ENTIRE PIECE.

ACCESS INTO THE PARCEL, UH, WILL BE FROM BIGTREE ROAD.

UH, HE HAS A NEW PER UH, PROPOSED THERE THAT HE'S GONNA HAVE TO GET APPROVAL FROM ERIE COUNTY BOARD.

UH, I DID FIND THE ENGINEERING DEPARTMENT COMMENT LETTER THAT, UM, I THINK TAMMY HAS PROVIDED A COPY OF THAT, UM, FROM 2019, WE CAN COMPLY WITH ALL OF THE CONDITIONS THAT WERE SET FORTH IN THAT LETTER.

SHOULD THAT BE REINSTATED AS THE SAME COMMENTS? SO I UNDERSTAND WE DO HAVE TO GO BACK, RIGHT.

THEY, THEY CAN CALL PUBLIC HEARING AT THE NEXT AVAILABLE MEETING.

UM, THE ONLY THING THAT OTHER WAS DISCUSSED BACK THEN AND JUST LET YOU KNOW THAT WE DID TALK TO THE APPLICANT ABOUT POSSIBLY SAYING NO FURTHER DEVELOPMENT ON THE SITE AT THE TIME.

THE APPLICANT, IF I REMEMBER CORRECTLY, WAS SAYING, WELL, HE DIDN'T WANT TO COMMIT TO THAT BECAUSE MAYBE IN THE FUTURE THE WETLANDS LAWS CHANGE AND I DON'T WANT TO COMMIT THAT I CAN'T DEVELOP THE REST OF THE PROPERTY.

SO I'M ASSUMING THAT'S PROBABLY HIS SAME POSITION.

IT IS THAT HE DOESN'T WANNA PUT NO FURTHER DEVELOPMENT ON THE SITE.

THAT'S TYPICALLY SOMETHING WE ASK FOR WITH LARGE AREAS OF UNDEVELOPABLE LAND.

SO YEAH.

AND HE WILL HAVE TO DEAL WITH ANY WETLAND ISSUES, UM, GOING FORWARD.

BUT HE, HE WOULD LIKE TO DO SOMETHING FURTHER WITH THE PARCEL DOWN THE ROAD.

BUT THESE, THIS IS THE ONLY PLAN THAT HE HAS CURRENTLY.

THE PROPOSED BUILDING THAT HE WANTS TO BUILD LOOKS LIKE THIS.

UM, IT'S AN ATTRACTIVE BUILDING.

HE DID SAY THAT HE WAS GONNA DO A BRICK VENEER ALONG THE BOTTOM OF IT.

I THINK HAPPY TO PASS THIS AROUND.

TAKE A LOOK AT THAT.

SO THAT'S OUR REQUEST.

UM, THE, THE SAME PROJECT 40, UH, 2,400 SQUARE FEET.

THE BUILDING IS 60 BY 40.

AND UM, WE'LL, WE'LL JUST UH, WAIT AND ASK THE BOARD TO SET A PUBLIC HEARING FOR THIS.

THE SEEKER HAD BEEN APPROVED, RIGHT? THE SITE DID HAVE TO REDO.

SEEKER.

SEEKER WAS APPROVED.

I WAS GONNA SAY, THE ONLY THING I WOULD NOTE TOO IS THAT LIKE RELATIVE TO THE DOLLAR GENERAL PROPOSAL ON THE SAME PROJECT, THEY'RE GONNA BE SET BACK FURTHER FROM THE FLOODWAY AND FURTHER FROM THE CREEK.

AND LIKE IN TERMS OF OVERALL IT'S A LOW PHYSICAL, LOWER, LOWER IMPACT, YOU KNOW, LESS DISTURBANCE PROJECT FOR THE ONE WE HAD ALSO LOOKED AT.

AND IT'S IMPORTANT, I'M NOT SAYING LIKE IT'S A FLOODPLAIN AND NOT A FLOODWAY, I THINK SO FLOODWAY WOULD NOT PUT ANYTHING IN A FLOOD S COMMITTEE.

SO DOES THIS HAVE TO GO IN FRONT OF THE SHORELINE COMMITTEE DREW? BECAUSE THE DOLLAR GENERAL DID GO IN FRONT OF THE SHORELINE COMMITTEE.

YEAH, I THINK WE DID BACK IN 2019.

BUT IF THEY WANTED 2019, I DON'T KNOW IF THE SHORELINE COMMITTEE WAS ACTUALLY MEETING.

RIGHT.

WE'D HAVE TO FIND A DATE WHEN THE SHORELINE COMMITTEE, IF WE DO HAVE THIS NEXT PROJECT'S GONNA HAVE TO GO TO THE SHORELINE COMMITTEE ALSO.

RIGHT.

ALL NOT THEME ALL THE TIME.

SO WE CAMFIELD ABOUT A NOT THEME.

MAYBE YOU PUT AN ANCHOR ON THE SIDE.

LONG LANTERN, UM, FLAG POLE THAT LOOKS KINDA LIKE A

[00:10:01]

MAST IN THE FRONT.

I THINK THAT'S PROBABLY IT.

THAT MIGHT WORK.

THAT MIGHT WORK.

HE DID HAVE A LANDSCAPE PLAN APPROVED FOR THE PROJECT THAT'S SHOWN ON THE DRAWING THAT STRONG PALM TREES WOULD BE NICE.

SO WE WILL SEND IT BACK TO THE WATERFRONT COMMITTEE AND THEY'LL ASK FOR THEIR COMMENTS ON THE, ON THE NAUTICAL THEME.

SOMETIMES THEY DON'T ASK FOR IT, SOMETIMES THEY DO.

THIS IS SLIGHTLY OFF OF ROOF FIVE, SO, BUT THAT'LL BE UP TO THEM TO RECOMMEND TO YOU.

WE'LL HAVE TO SET A DATE WITH THE WATERFRONT COMMITTEE AND THEN I KNOW YOUR NEXT AGENDA IS FULL.

SO YOU'RE NOT GONNA BE ABLE TO CALL A PUBLIC HEARING UNTIL TWO MEETINGS OUT, RIGHT.

STILL IN MAY.

SO YEAH, WE COULD, YEAH, THE SHORELINE COMMITTEE PROBABLY BE BEFORE THEN.

RIGHT.

THAT WAY YOU'LL HAVE TIME ALSO TO MEET TO THE WATERFRONT COMMITTEE.

AND TECHNICALLY WE COULD REAPPROVE IT THAT NIGHT OF THE PUBLIC HERE.

DO THEY MEET HERE 19TH? NO, THEY, THEY ACTUALLY MEET, UH, VIRTUALLY, SO.

OH, OKAY.

SO YOU DO IT BY ZOOM.

ALL RIGHT.

WELL VERY GOOD.

THANK YOU.

I I DON'T KNOW IF THERE'S ANY OTHER QUESTIONS.

MAY 17TH YOU YEAH.

MAY THIRDS ARTICLE.

YEAH.

SO YOU'RE GONNA, I'M GUARDIAN.

BILL, YOU DO RESOLUTION TO SCHEDULE PUBLIC HEARING.

YEAH.

THE RESOLUTION IS SCHEDULED PUBLIC HEARING ON DAVID CANFIELD FOR MAY 17TH.

SECOND.

MOTION BY BILL SECOND BY DENNIS.

ALL IN FAVOR? AYE.

AYE.

MOTION CARRIED.

AND WE WILL CONTACT YOU WHEN BILL LETS US KNOW WHEN THE WATERFRONT COMMITTEE IS MEETING.

'CAUSE WE NEED EITHER INPUT ON A COUPLE OTHER PROJECT.

GOOD.

THANK YOU.

OKAY.

THANK YOU.

I HAVE TO TAKE MY TOY HOME.

WELL ALL SOMEBODY IN THE LOCK.

YES, SOMEBODY DO IT.

I NEED THAT DRAWING BACK.

IT'S THE ONE FOR HER FILE.

ALRIGHT, SO THE NEXT ITEM IN THE AGENDA IS CHUCK F IS REQUESTING SITE PLAN DIRECTION OF A AND A SPECIAL USE PERMIT ON A PROPOSAL TO CONSTRUCT A 2,883 SQUARE FOOT SINGLE FAMILY RESIDENCE AT 4 1 8 8 LAKE ROAD.

UM, I TALKED TO THE APPLICANT AHEAD TIME.

I LET HIM DO A PRESENTATION.

UM, THERE WAS SOME MISCOMMUNICATION BETWEEN HIS ARCHITECT AND THE BUILDING INSPECTOR.

UH, THE ONLY WAY HE COULD DO THIS PROJECT BY THE CODE ENFORCEMENT OFFICER IS THAT IF HE DOES AN EXPANSION TO THE EXISTING USE THERE, YOU CAN'T PUT A SEPARATE RESIDENTIAL STRUCTURE 'CAUSE IT'S NOT ALLOWED.

SO WE'RE GONNA TALK TO 'EM, WE'RE GONNA SEND 'EM THE WARFRONT COMMITTEE, BUT THEY'RE GONNA TRY TO AMEND THEIR PLANS TO MAKE THIS AN EXPANSION OF THE EXISTING BUILDING THAT'S ON SITE BECAUSE THAT'S THE ONLY WAY IT WOULD BE ALLOWED UNDER THE CODE.

RIGHT.

OKAY.

BUT I'LL LET MR, WHY DON'T YOU PRONOUNCE YOUR PLAN? YEAH, YOU ACTUALLY HAVE THE WRONG PLANS.

I, THE, THE 2,800 SQUARE FEET, I SCALED THAT DOWN.

UM, SO, AND THEN, UM, FINDING OUT THAT, YOU KNOW, I WANTED, UM, TO ATTACH IT TO THE EXISTING BUILDING, UM, WAS SOMETHING THAT SHE HAS TO DO ON THE PLANS AS WELL.

SO THERE'S GONNA BE A WHOLE NEW SET OF PLANS AND A SMALLER SCALE, UH, SHOWING WHEN IT'S ATTACHED TO THE OTHER BUILDING.

SO, SO I HAVE TO GO IN FRONT OF THE SOIL COMMITTEE, THE PLAN YOU GOT AND YOU SAW ON THE WEBSITE AND SHOWED THIS INDEPENDENT HOUSE RIGHT ON THE PROPERTY AND WC DOES NOT ALLOW A SINGLE FAMILY HOME IN THE DISTRICT.

SO, AND THAT WAS APPROVED BY DEPARTMENT OF STATE.

DEPARTMENT OF STATE WAS INVOLVED IN THE SETTING UP FLOOD WATERS WATERFRONT COMMERCIAL DISTRICT.

RIGHT.

SO, UM, THE ONLY THING YOU CAN DO AT THIS POINT IS I WOULD RECOMMEND A, HE RESUBMIT HIS PLANS AND BI WOULD GET HIM ON THE NEXT WATERFRONT COMMITTEE.

HOPEFULLY YOU'LL HAVE ENOUGH TO SHOW THE WATERFRONT COMMITTEE GET SOME INPUT BECAUSE THIS IS RIGHT ON THE WATERFRONT, YOU KNOW, NEAR THE EDGE, NEAR THE CLIFF THAT'S THERE.

I DUNNO IF I CAN DESCRIBE AS A CLIFF, BUT IT'S PRETTY GOOD SUBSTANTIAL DROP OFF THERE.

SO WE'LL HAVE TO HAVE INPUT FROM THE WATERFRONT COMMITTEE AND I'LL HAVE TO GET INPUT FROM THE DVC FOR WHERE HE IS PLACED IN THE BUILDING.

YEAH, I HAVE TO SAY 40 FEET FROM THE, FROM THE WALL AND I THINK IT'S 50 BEHIND, BEHIND THE PRESERVATION LINE.

SO IT'S ON THE, IN THE RIGHT, RIGHT.

PARAMETERS OF THE CODE.

UM, BUT OBVIOUSLY THERE'LL BE A WHOLE NEW SET OF PLANS.

ALL RIGHT, SO LET'S, I GUESS I'LL JUST MAKE A MOTION TO TABLE.

I WON'T PUT A DATE ON THE CHUCK B PROJECT.

SO MOTION TO TABLE CHUCK BCUS BY BILL SECOND.

SECOND BY CINDY.

ALL IN FAVOR? AYE.

AYE.

AYE.

AYE.

MOTION CARRIED.

AND SO WE'LL LET YOU NOTIFY, UH, ONCE WE FIND OUT THE DATE OF THE WATERFRONT COMMITTEE, I RECOMMEND YOU HAVE YOUR PLAN SO YOU CAN SHOW THEM FOR THE WATERFRONT COMMITTEE GET INPUT.

OKAY.

THANK YOU.

THANK YOU.

ALL RIGHT.

AND 10 LIVES CLUB IS AGAIN ASKED TO BE TABLED.

NO SPECIFIC DATE UNTIL THEY SAY WHEN THEY WANNA COME IN, THEY WANNA KEEP PLACING THEM ON THE AGENDA IF THEY, THEY DON'T HAVE IT HERE.

THAT'S JUST A THEY WANNA KNOW WE CAN DO SITE AND, AND WE, AND WE NEED YOUR INPUT ON THAT BECAUSE IT IS A FAIRLY LARGE STRUCTURE.

IT'S OVER 6,000 SQUARE FEET.

AND WHAT THE CODE SAYS IS YOU'RE UNDER A CERTAIN SQUARE FEET.

IT'S AUTOMATIC, IT CAN AUTOMATICALLY, BUT FOR THIS SIZE IT SAYS FOR AN ACCESSORY BUILDING IF IT'S NOT VISIBLE FROM THE ROAD AND

[00:15:01]

OTHER THINGS.

SO YOU GUYS HAVE TO DO A LITTLE INTERPRETATION FOR THAT IS THE QUESTION.

IS THIS GONNA BE VISIBLE FROM THE ROAD? DO YOU KNOW? IT IS, IT'S CLOSE .

OKAY.

IT'S, REMEMBER WE DID THIS BEFORE ON THE ONE ON, UH, LAKEVIEW, THE, WHAT WAS THE HISTORICAL, WHAT WAS THE NAME OF IT? THE VETERANS.

REMEMBER THE VETERANS ONE? THAT WAS A PRETTY BIG ACCESSORY GARAGE, BUT IT WAS SET SO FAR BACK FROM THE ROAD.

WE THOUGHT THAT WOULD BE FINE.

THE GRANT A SITE, THE WORST CASE SCENARIO IS YOU MAKE 'EM COME IN AND, AND GET A SITE PLAN APPROVAL.

BUT WE'RE SAYING YOU CAN GET A SITE PLAN WAIVER.

BUT THE CAVEAT IS, AND THAT'S WHY WE WENT NEED INTERPRET.

NOT FOR ME TO SIT THERE AND GO, I DON'T THINK THIS IS GONNA BE SEEN FROM THE ROAD.

IT'S A 6,000 SQUARE FOOT BUILDING.

IT'S FAR ENOUGH BACK AND OFF TO THE SIDE THAT IT MAY NOT BE.

WELL THERE'S A LOT OF OTHER BUILDINGS AROUND.

YES, THERE'S A LOT OF OTHER ROAD.

RIGHT.

EVERY SINGLE TIME I TRY TO ACTUALLY STOP THERE AND THEN I'M LIKE, SO IT'S REALLY HARD TO SEE FROM THE ROAD TO BEGIN WITH.

AND YOU CAN'T EVEN GET, AND YOU CAN'T LIKE GO AROUND THE BLOCK.

IT'S A MY WORK.

IT'S YOUR DECISION.

I MEAN, IF YOU, IF YOU MISS IT, YOU GOTTA GO TRY THE NEXT DAY.

LET LET, LET'S TALK ABOUT THIS.

IF IT'S YOUR DECISION, YOU DON'T WANT 'EM TO COME HERE, THAT WE'LL DO A SITE PLAN WAIVER, THAT'S FINE.

THE LAW DOESN'T REQUIRE THEM, BUT WE TEND TO SEND STUFF TO YOU BECAUSE WE DON'T WANNA BE MAKING THAT DECISION.

I'D LIKE TO KNOW WHAT IT LOOKS LIKE WHEN WE MAKE THAT DECISION.

ALRIGHT, SO WE'LL WAIT TO HEAR FROM HIM AND THEN PRICE HIM ON THE NEXT AVAILABLE AGENDA WHEN HE CAN COME IN.

ALRIGHT, JOHN, I CHECK MY EMAILS.

TRAVEL FOR WORK.

OH, DID HE? I THOUGHT YOU SENT US THAT EMAIL.

JEFF DID.

OH, OKAY.

JEFF SENT AN EMAIL ALL AND ON THE WORK I MENTIONED THE BILL ON MONDAY NIGHT, YOU SHOULD GET ANOTHER REZONING REFERRED TO, AGAIN DOING REZONINGS IN ACCORDANCE WITH THE COMP PLAN.

THE NEXT ONE'S GONNA BE THE CAMP ROAD INTERCHANGE, ALL THE AREA AROUND THE CAMP ROAD.

WE'VE LEFT OUT THE BENDERSON PROPERTY BECAUSE THEY HAVE AN ACTIVE APPLICATION, BUT WE'LL TALK ABOUT THAT.

BUT WE'RE REZONING THE PROPERTIES AROUND THERE THAT'LL BE REFERRED TO, TO COMMENT ON.

HE REPLY TO THE MEMO EMAIL THESE.

RIGHT, RIGHT.

YOU WERE THE WOMAN PUBLIC HEARING FOR YOU WERE AT THE MEETING WHEN THEY FIRST TALKED ABOUT THAT PROJECT, RIGHT? THE CARWASH? YEAH.

YEAH.

HE WAS VERY THOROUGH.

YES.

RIGHT.

ALTHOUGH WE HAD LIKE 55 MEETINGS.

I MEAN, I WAS SKEPTICAL OF THE AGENDA APPROACH, BUT I WAS WRONG.

AND LIKE IT MAKES IT EASIER TO BE MORE FOCUS ON THE CONVERSATION IN CASE NO ONE ELSE TELLS YOU

[00:30:40]

THE

[00:30:40]

COMMERCIAL

[00:30:40]

BECAUSE THE COLORS IT'S CURRENTLY YEAH, IT'S A LITTLE CONFUSING.

OKAY.

SO IT IS SEVEN O'CLOCK EIGHT STARTED HERE.

OKAY.

WELCOME TO THE APRIL 19TH MEETING OF THE TOWN OF HAMBURG PLANNING BOARD.

EVERYONE PLEASE RISE FOR PLEASURE ALLEGIANCE.

I PLEDGE ALLEGIANCE TO THE BY THE UNITED STATES OF AMERICA TO THE REPUBLIC FOR WHICH IT STANDS FOR ONE NATION FOR GOD INDIVIDUAL JUSTICE.

ALL RIGHT, THE FIRST ITEM ON THE AGENDA IS A PUBLIC HEARING FOR SLASH CAR WASH REQUESTING SITE PLAN DIRECTION ON PROPOSAL TO NOT DEMOLISH THE FORMER PJ KARATE'S BUILDING AND CONSTRUCT NEW CAR WASH FACILITY IN 3 7 0 1 MCKINLEY PARKWAY WAYS.

SO, UH, GOOD EVENING.

CHRIS WOOD WITH FROM INWOOD DESIGN.

WE'RE THE ENGINEERS FOR THE PROJECT ALSO WITH, WITH ME IS JEFF ARNOLD WITH FLASH CAR WASH.

UH, AS YOU'VE MENTIONED, WE'RE PROPOSING A 4,700 SQUARE FOOT CAR WASH ON THE SIDE OF THE PREVIOUS, UH, TT I FRIDAYS.

UM, WHEN WE'RE HERE LAST TIME, AS ASKED FOR A COUPLE THINGS.

UM, ONE WAS SOME ADDITIONAL LANDSCAPING IN FRONT OF THE BUILDING.

ONE WAS TO UPDATE THE RENDERING TO SHOW THAT LANDSCAPING.

UM, WE DID SUBMIT THE, THE UPDATED LANDSCAPE PLAN WITH SOME ADDITIONAL TREES AND SOME FOUNDATION PLANTING THINGS ALONG THAT CORNER.

A COUPLE OF THE OTHER THINGS WE DID TO SEE SOME INFORMATION ON THE WATER RECLAIM INFORMATION.

I BELIEVE WE SUBMITTED THAT.

DID YOU GUYS GET THAT STUFF? IF YOU HAVE ANY QUESTIONS ON THAT, JEFF CAN CERTAINLY ANSWER THAT.

UM, WE DID ADD SIDEWALK ALONG MCKINLEY PARKWAY TO THAT POINT.

JUST A REMINDER, WE DON'T OWN THE MALL PROPERTY.

WE CAN'T REALLY EXTEND IT INTO THE MALL THAT'S OWNED BY SOMEBODY ELSE.

SO DID DID YOU HAVE ANY CONVERSATIONS WITH THE COUNTY ABOUT PUTTING THAT SIDE OR IS THAT REALLY UNDER YOUR PRIVATE PROPERTY? SO, NO, IT'S IN THE COUNTY RIGHT OF WAY.

OKAY.

SO IF WE DO APPROVE IT, IT'S GOTTA BE CONDITIONAL ON THE COUNTY APPROVING ON PUTTING THAT SIDEWALK IN THERE RIGHT OF WAY.

WELL, IF YOU GOTTA WORK, PERMIT IT, BUT DON'T HAVE TO PUT THE SIDEWALK ON.

BUT, UM, OTHER THAN THAT, IF ANYBODY HAS ANY QUESTIONS, UH, WE CAN CERTAINLY, YEAH, I WASN'T HERE FOR THE ORIGINAL PRESENTATION, BUT THAT OKAY.

ON YOUR, UH, YOUR VACUUMS, IS THAT LIGHTED THERE? YES SIR.

LIGHT DURING HOURS OF OPERATION, IT'S GONNA BE WHITE, CORRECT? NO GREEN OR CORRECT? WHITE.

CORRECT.

WHITE.

OKAY.

THANK YOU.

AND, AND DENNIS, I POINT OUT WE DON'T HAVE A NEW CURB CUT ON MCKINLEY RE USING OUR CURB CUT INTERNAL TO THE MALL PROPERTY THAT WE HAVEN'T BEFORE.

RIGHT.

ANY OTHER QUESTIONS BEFORE WE START THE PUBLIC HEARING? YOU HAVE A QUESTION, DENNIS, ABOUT THAT HAND WASH VERSUS EXPRESS WASH? OH YEAH.

AND THE THING HERE, YOU'VE GOT HAND WASH DASH EXPRESS WASH.

THERE'S SOME LOCATIONS THAT WE HAVE DOWN IN CONNECTICUT THAT DO HAVE HAND WASH.

IT'S NOT GONNA BE HERE THOUGH.

NO SIR.

OKAY.

.

ALRIGHT.

ANYTHING ELSE YOU GUYS WANTED TO ADD BEFORE WE START THE PUBLIC HEARING? I DON'T THINK SO.

I'LL READ THE NOTICE UNLESS SOMEBODY ELSE WANTS TO.

NO VOLUNTEERS.

ALL RIGHT.

NOTICES.

HEREBY GIVEN THE TOWN OF HAMBURG PLANNING BOARD WILL CONDUCT A PUBLIC HEARING ON A PROPOSAL TO BY SPLASH CAR WASH TO DEMOLISH THE FORMER TGI FRIDAYS BUILDING AND CONSTRUCT A NEW CAR WASH FACILITY AT 3 7 0 1 MCKINLEY PARKWAY.

THE PUBLIC HEARING WILL BE HELD ON APRIL 19TH, 2023 AT 7:00 PM IN ROOM SEVEN B OF HAMBURG TOWN HALL.

SO AT THIS TIME I'M GONNA OPEN THE PUBLIC HEARING AND FOR THE RECORD FOR SARAH,

[00:35:01]

CAN YOU JUST SAY WHO WAS SPEAKING ON THIS PROJECT? JUST SO SHE DOESN'T, FEW MINUTES.

OH, RIGHT.

CHRIS WOOD AND JEFF ARNOLD WITH GLASS CAR WASH.

AND CAN WE MAYBE TURN SOME OF THE GRAPHICS AROUND SO THAT THE PUBLIC CAN SEE THEM? SURE.

WELL, IF ANYBODY TALKS, I DO HAVE A SIGN AND SHEET THERE.

EXCELLENT.

UM, SO AT THIS TIME WE'RE GONNA OPEN UP THE PUBLIC HEARING AND ANYONE WANT TO SPEAK ABOUT THIS PROJECT? I SEE EVERYBODY.

ALL.

ALL RIGHT.

YES.

WELL, YOU CAN TALK BETWEEN STATE YOUR NAME FOR THE RECORD.

YOU GUYS GO UP AND COME.

THE MICROPHONE'S UP HERE, THE MICROPHONE IS HERE.

SARAH WILL HAVE TO HEAR YOU.

OKAY.

AND YOU HAVE TO SAY YOUR NAME SO SHE CAN JUST, ALL RIGHT.

LAURA KY 40.

PLEASE SPELL IT.

P AS IN PETER.

O-D-K-U-L-S-K-I.

THANK YOU.

SARAH.

NODES ARE VERY WELL.

I'M JUST, I I JUST WANTED SOME CLARIFICATION ON HOW THE, HOW THE CARS ARE GONNA GO IN AND OUT.

THAT'S, I'M JUST OKAY ASKING FOR THAT.

PLEASE.

WE CAN EXPLAIN AFTER YOU WANT.

OKAY, THANK YOU.

YEAH, THERE'S NO ADDITIONAL CURB CUTS.

SO THEY'RE GONNA COME IN AND OUT THE SAME PLACE WHERE YOU WOULDN'T FOR TJ FRIDAYS IF IT WAS STILL THERE.

YOU'RE GONNA COME IN THE MALL ENTRANCE.

THEY COME IN THE MALL ENTRANCE AND MAKE A LEFT AND THEN GO INTO THE ENTRANCE LIKE IT IS NOW FOR TGI I FIVES.

THERE'S NO ENTRANCE ON MCKINLEY? NO ENTRANCE ON IT IS INTERNALS TO THE MALL.

OKAY.

IS IT A ONE CAR OR WHAT'S THAT? IT'S A, IT A A TUNNEL TUNNEL.

LIKE WAS YOU DRIVE THROUGH ONE CAR, ONE CAR WASH, ONE CAR AT A TIME.

OKAY.

ALL RIGHT.

ANY OTHER COMMENTS ABOUT SPLASH CAR WASH? OKAY, FOR THE THIRD AND FINAL TIME, ANY MORE COMMENTS ON SPLASH CAR WASH BEING NO ADDITIONAL COMMENTS? I WILL CLOSE THE PUBLIC HEARING AND THE BOARD'S DIRECTION.

WE DID PUT, YOU KNOW, YOU CAN TABLE IT TONIGHT.

DIDN'T KNOW IF WE WERE GONNA GET, OR WE DID PUT RESOLUTION TOGETHER.

IF YOU'RE GONNA TABLE AT LEAST LOOK AT THE RESOLUTION AND GIVE US IDEAS OF ANY OTHER CONDITIONS YOU WOULD WANT PLACE OR ANY OTHER CHANGES TO THE DRAWING YOU WOULD WANT.

THAT'S WHY WE PUT THE DRAFT TOGETHER SO YOU COULD SEE WHAT CONDITIONS OR OTHER THINGS YOU COULD ADD.

IT'S GONNA BE, AND YOU'VE ALL BEEN OUT THERE AND THAT'S WHY THEY DID THE LANDSCAPE PLAN.

IT IS GONNA BE VERY VISIBLE, A VERY VISIBLE LOCATION.

I REALIZE THAT WE DID CLOSE THE HEARING, BUT A COUPLE THINGS.

ONE, THE FACEBOOK.

YEAH, CORRECT.

UH, IF, I DON'T KNOW IF JOSH OR CAMMY OR SOMEBODY COULD STEP IN THE HALLWAY AND OR MAYBE JEN JUST CONFIRM THAT THE AUDIO'S WORKING ON THE FACEBOOK.

SOMEBODY HAD COMMENTED IT WASN'T WORKING, BUT OTHER PEOPLE SEEMED TO BE FINE.

UM, KINLEY WROTE AS COUNTY ROAD, UH, UM, THERE'S A COMMENT THAT MCKINLEY PARKWAY IS NOT A COUNTY ROAD IN THAT SECTION.

SO IF YOU GUYS COULD TAKE THAT BACK AND JUST CONFIRM THE COUNTY VERSUS OTHER ENTITIES.

AND THEN THERE WAS ALSO, THIS IS, THAT WAS FROM BILLY BUNDLES.

BILLY BUNDLES ALSO SAID PUBLIC HEARING COMMENTS FOR SPLASH CAR WASH, THEY SHOULD START THE PROCESS AND LEAD THE CHARGE OF SIDEWALKS ON MCKINLEY PARKWAY.

YOU GUYS ARE DOING SIDEWALK FOR YOU, RIGHT? CORRECT.

SO LET'S SEE, WHAT DO WE HAVE FOR SIDEWALKS? I JUST LOOKING THROUGH THE, UH, OKAY, JENNIFER IS TESTING SOUND AND NOBODY'S SPEAKING.

OH, SORRY.

UH, AUDIO TESTING, 1, 2, 3.

SO THERE YOU GO.

TRY THAT.

UM, WORKING.

YEAH, WORKING.

OKAY, THANK YOU.

SO I WOULD SUGGEST THE SAME THING FOR, WE'RE ALL VERY CONCERNED ABOUT SIDEWALKS ON MCKINLEY.

UM, THEY HAVE TO GET APPROVAL, YOU'RE CORRECT IN TERMS THE STATE HIGHWAY NORTH OF THE SEVEN CORNERS, UM, THEY WOULD'VE TO GET APPROVAL.

IF THEY DON'T GET APPROVAL BECAUSE THE STATE WANTS A CONSOLIDATED PLAN PUT TOGETHER, THEN WE WOULD ASK THEM AS A CONDITION THAT THEY WOULD, WOULD PUT THE SIDEWALK IN LATER WHEN, LIKE WE DID FOR BENDERSON ACROSS THE STREET.

WHEN, WHEN IT, WHEN THE PLAN IS PUT TOGETHER.

UM, WE KNOW THAT WE NEED SIDEWALKS ON MCKINLEY, BUT THERE'S GOTTA BE A PLAN PUT TOGETHER TO MAKE IT WORK.

OTHERWISE YOU'RE GONNA HAVE PEOPLE GOING TO NOWHERE AND GETTING STUCK IN THE MIDDLE OF MCKINLEY.

AND SO

[00:40:01]

THERE'S GOTTA BE AN OVERALL PLAN PUT TOGETHER.

RIGHT? WE, WE'D BE OKAY WITH THAT.

I'M JUST TRYING TO WRITE CONDITION, UH, RESOLUTION.

WE DO.

WE GOT IT.

JUST, OH, HOLD ON.

WE GOT MORE COMMENTS JUST WORKING ON A CONDITION HERE.

UM, UH, COMMENT TO PLEASE INCREASE THE VOLUME OR SPEAK UP.

OKAY.

CORRECT.

UH, COMMENTS ABOUT PEDESTRIAN ACCESS, SIDEWALKS, PEDESTRIAN ACCESS FROM BILLY BUNDLES.

FOLLOWING UP ON THAT, UM, PEDESTRIAN ACCESS WILL HAPPEN.

LOOK AT THE DATA AND THEN I'LL COMMENT FROM WISE THE THAT THEY'RE THRILLED THEY'RE USING AN EXISTING BUILDING.

ALRIGHT, SO WE, WE'VE GOT A FEW RESOLUTIONS.

ONE'S ESPECIALLY USED PERMIT, UM, YOU KNOW, AN ISSUE WITH THE SPECIFIC CONDITIONS OF USE PERMITS THAT I THINK WE A BEFORE, UM, VISIBILITY FROM THE ROAD SHALL BE MINIMIZED THROUGH PROPER SIGHTING SETBACKS, EXISTING TOPOGRAPHIC FEATURES, BURNING AND LANDSCAPING FEATURES.

AS, AS DREW POINTED OUT, THIS WILL BE VERY VISIBLE FROM THE ROAD.

IT'S ALSO IN A LOCATION WHERE ALL OF THE BUILDINGS ARE VERY VISIBLE ON THE ROAD.

RIGHT? AND, AND GIVEN, GIVEN SOME OF THE EXISTING EASEMENTS ON THE PROPERTY, WE'VE, WE'VE PLACED THE BUILDING BASICALLY THE ONLY PLACE WE COULD PLACE IT AS OPPOSED TO PUSHING IT BACK FURTHER.

THAT'S WHY WE ADDED THAT ADDITIONAL LANDSCAPING AND THE FRONT SPREAD OUT.

BREAK IT UP AND SCREEN IT A LITTLE BIT.

ALSO, THERE'S RENDERING 24 FOOT TALL, THAT'S THE RENDERING ISSUE, RIGHT? SHOW RELATIONSHIP TO THE ROAD.

SO ANY OTHER, I MEAN, COMMENTS ON THAT PARTICULAR PART OF THE SPECIAL USE PERMIT? I THINK THAT'S THE, SO THIS IS A TYPE TWO ACTION UNDER SEEKER, RIGHT? 'CAUSE THEY'RE USING THE SAME BUILDING OR IS IT NOT? WE'RE NOT, THEY'RE NOT, THEY'RE NOT USING BUILDING, SORRY.

DON'T REPORT.

THANK YOU.

ALRIGHT.

WE IDENTIFIED A COUPLE THINGS ON THE SHORT FORM.

THE ISSUE OF, AND CAM AND, AND, UH, CHRIS WOOD WILL WORKING ON THAT, THAT THEY HAVE APPROVAL FOR WATER AND SEWAGE.

RIGHT? WE TALKED ABOUT THAT.

THEY'RE GONNA GENERATE THEIR X AMOUNT OF WASTEWATER.

YOU HAVE SIGN OFF IN THE COUNTY FOR AMOUNT OF WATER AND UH, AND THE SEWER.

YEAH.

AND THEN THE OTHER ONE WAS, UH, UH, HUMAN UH, HEALTH AND SAFETY ISSUES.

JUST BASICALLY THE TRAFFIC.

WE'RE VERY COMFORTABLE WITH THIS ONE BECAUSE IT'S INTERNAL TO THE MALL, RIGHT? THERE'S NO, NO TRAFFIC BACKING OUT ON THE HIGHWAY.

UM, THOSE WERE KIND OF THE BIG PICTURE ISSUES.

THEN THERE WAS JUST THE AESTHETIC ISSUE THAT WE TALKED ABOUT.

UM, THE HARD PART FOR, THEY ADDED ADDITIONAL LANDSCAPING, BUT THE AREA BETWEEN THE BUILDING AND THE ROAD IS STATE HIGHWAY RIGHT OF WAY.

AND IT'S A DITCH.

AND A, A PERMIT IS REALLY NOT MUCH YOU CAN DO THERE.

UM, SO THEY'RE DOING AN NICER LOOKING BUILDING AND THEY'VE ASKED THEM PUT ADDITIONAL LANDSCAPE .

WELL, AND, AND THE EXISTING VACANT BUILDING IS VISIBLE FROM THE ROAD TOO.

YES.

WHICH ISN'T PART OF WHAT WE, WHAT'S LISTED IN THE SPECIAL USE PERMIT, BUT IT'S NICE TO HAVE AN EMPTY BUILDING GONE AND A FULL BUILDING REPLACE IT.

SO, AND IT'S IN A PLACE WHERE, I MEAN, I KNOW THAT THE SPECIAL USE PERMIT IS, OR THE CONDITION IS SEPARATE FROM THE COMMUNITY CHARACTER, BUT LIKE YOU WERE SAYING, IT ISN'T A PLACE WHERE ALL THE BUILDINGS ARE VISIBLE FROM THE ROAD BECAUSE THEY'RE ALL SUBJECT TO THAT DITCH.

SO IT'S NOT LIKE IT'S OUT OF CHARACTER.

THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD, NEIGHBORHOOD IS COMMERCIAL, RIGHT? MM-HMM .

HIGHLY COMMERCIAL.

I ALSO THINK THAT WITH, UH, WITH THIS RENDERING AND PRETTY MUCH SHOWS THAT THERE IS AS MUCH LANDSCAPING AS POSSIBLE THAT CAN BE DONE, UM, GIVEN THE, THE LAY AND THE UNIQUENESS OF THE LOT.

SO I, I UNDERSTAND.

I THINK IT FITS RIGHT IN ACTUALLY.

MM-HMM .

YOU HAVE THIS.

THAT'S THAT ONE.

SAME ONE.

SO FOR THE PART THREE, WE JUST NEED TO NOTE THAT THEY'VE GOTTEN THE APPROVALS AND DONE THE ANALYSIS FOR THE PUBLIC PRIVATE WATER.

[00:45:01]

THE, THE PUBLIC CONDUCTING INTO THE EXISTING WATER SYSTEM AND SEWER AND SEWER.

THAT THE, THERE'S NO EXTERNAL TRAFFIC PROBLEM BECAUSE IT'S ALL INTERNAL TO THE MOLDING.

THEN THE OTHER THING YOU WROTE HERE WAS WILL THE PROPOSED ACTION CREATE A HAZARD TO ENVIRONMENTAL RESOURCES OF HUMAN HEALTH? RIGHT.

AND THIS IS UNLIKE THE OTHER CAR WASH.

THIS CAR WASH, WE HAVE NO ADJOINING RESIDENTIAL USERS OR WILL BE IMPACTED BY ANY NOISE OR ANYTHING LIKE THAT.

EVEN THOUGH THEY'RE STILL SAYING THEY'RE ONLY GONNA BE OPEN A CERTAIN TIME.

IT'S NOT, OTHER THAN HAVING IN, UH, RECEPTORS NEARBY THAT WAS BEING HURT BY ANY OTHER, THE OPERATION OF THE CAR WASH AND THIS ONE SH THEY, THE DOOR COMES UP, THE ONE SINGLE VEHICLE COMES IN THE DOOR SHOTS, IT GOES TO THE WASH, AND THEN IT OPENS ON THE OTHER SIDE FOR THE CAR TO EXIT.

THAT.

THAT'S NOT EXACTLY ACCURATE IN THIS, IN THE WINTERTIME THAT MAY BE THE CASE, BUT IN THE TIME, MOST TIME THE DOORS ARE OPEN, UM, AT THE ENTRANCE SIDE OF THE TUNNEL CAR WASH, THERE'S VIRTUALLY NO NOISE.

UM, WE DO NO OUTSIDE PREPPING THE VEHICLES WE TALKED ABOUT, WE DON'T HAVE ANY RUN OFF.

WE CONTAIN EVERYTHING.

EVERY BIT OF GOES DOWN THE PROPER SEW SYSTEM.

UM, SO THE EXIT IS WHERE YOU'RE, WHAT WOULD BE KNOWN AS PRODUCERS, BLOWERS, THAT, THAT MAKE THE, THE NOISE THAT, YOU KNOW, THAT YOU HEAR IT COMING ON, THAT THAT NOISE THAT KICKS ON AND OFF AS A CAR COMES THROUGH AND AS A CAR PASSES STOPS.

SO THAT WOULD BE AT THE EXIT SIDE OF THE WASH DOOR.

THE DEPEND ON HOW, HOW MANY PRODUCERS AND SO FORTH.

BUT THAT THE DRYERS ARE AT THE END OF THE WASH.

THAT AND THAT FACES AWAY FROM MCKINLEY.

AND THERE'S NO OUTSIDE PREP, RIGHT? NO OUTSIDE PREP.

THAT WAS A, THAT WAS AN INTERESTING FEATURE.

YES.

I DUNNO THAT WE'VE HAD MANY CAR WASHES LIKE THAT.

AND THEN YOU ARE GONNA ADHERE TO ANY OF THE DEC REQUIREMENTS FOR CAR WASHES AND THERE'S LIKE A WATER REQUIREMENT.

THAT'S WHAT WE HAD A TION ABOUT LAST TIME IS THAT THERE IS, UM, A CONTAINMENT SYSTEM THAT HE CAN PUT IN.

AND WE TALKED ABOUT HOW LIKE THEY GET MUFFED UP WITH SALT AND SO THEY'RE ONLY SO EFFECTIVE.

BUT THAT'S ONE OF THE MEMOS WE GOT IS IT LOOKS LIKE THAT IF YOU'RE WILLING TO USE THAT SYSTEM, IT WOULD SAVE 49% OF WATER PER CAR TO BE ABLE TO USE THIS CLOSED LOOP SYSTEM.

YEAH, I THINK THAT'S A REALIZATION, REAL, A REALISTIC STUDY.

THAT'S SOMETHING THAT WE PUT TOGETHER THROUGH ALL THOSE VARIOUS CAR WASH WE HAVE.

IT'S AN ACCURATE ACCOUNTABILITY IN THIS NORTHEAST PART WHERE THERE'S SALT, WE USE TWO SYSTEMS. UM, AQUA BIO AND VELOCITY, THEY'RE PROBABLY TWO OF THE MOST STATE OF THE ART AND AQUA BIO SYSTEM ABOUT QUARTER MILLION DOLLARS.

NORMALLY I'LL GET A SYSTEM YOU PUT IN, YOU KNOW, YOU'RE, YOU'RE NOT GONNA REALLY IN THIS TYPE OF CLIMATE, YOU'RE NOT GONNA GET MUCH BETTER CLOSE LOOP SYSTEM.

WHATEVER YOU'RE GONNA GET ABOUT YOU MAXIMUM HERE, PROBABLY GIVE THAT 50% RANGE.

I MEAN, YOU CAN LOOK AT THE BROCHURES, THEY'LL TELL YOU BIG NUMBERS OF, OF HOW LITTLE WATERINGS.

BUT THE REALIZATION IS THAT THOSE ARE ACCURATE FIGURES.

THOSE, THAT'S, THAT'S THE REALIZATION.

SO, SO IS THAT A CONDITION OF THE SPECIAL USE PERMIT THAT PEOPLE WANT? OR DOES IT SEEM LIKE THE UNNECESSARY I, WHAT, WHAT DO PEOPLE ON THE BOARD THINK ABOUT THAT? I WOULD LIKE ANY OPPORTUNITY TO SAVE WATER.

SO I'D LIKE IT TO BE A CONDITION, BUT HOPING THAT BE A CONVERSATION WITH YOU GUYS.

YOU'RE GONNA YES, WE WANNA SAVE WATER SOURCE.

OH GREAT.

IN THE LONG RUN WE ALWAYS, WE PUT 'EM IN BECAUSE WE HOPE IN THE LONG RUN PAY IS MONEY.

WE ALSO FOR OUR CAR WASH WITH A, WITH A, UH, A FAIRLY SABLE SOLAR FARM, BUT CANNABIS MODEL, WELL OUR GOAL IS TO TRY TO RESERVE SOME WATER AND SOME SEWER.

WELL, AWESOME.

SO I'M WRITING, SO I JUST WAS MAKING SURE THAT WE GOT THIS 'CAUSE JOSH WILL PROBABLY UPDATE THIS PART THREE.

SO WE TALKED ABOUT THAT THERE'S NO RECEPTORS, THEY'RE ONLY DOING NO OUTDOOR PREP.

YEAH, HER WHAT WE NEED TO HAVE, JOSH HAVE TO ADD PART THREE.

WHAT WAS THAT? WE TALKED ABOUT THE WATER AND THE SEWER AND WATER USE.

AND THEN THE OTHER ISSUE WAS TALKING ABOUT THE LACK OF RECEPTORS.

HAZARD, ENVIRONMENTAL RESOURCES IN HUMAN HEALTH, THEY'RE DOING ALL INDOOR PREP.

MM-HMM .

THERE'S NO NEARBY RECEPTORS.

IS THERE ANYTHING ELSE WE NEED TO GET NOTED IN PART THREE FOR THIS, FOR JOSH TO PLUG INTO THE TEXT? I DON'T, I DON'T THINK SO.

NO.

ANYTHING ELSE? MARCH 16TH? NO.

ALRIGHT.

SO MS, LET'S ANYTHING ELSE BEFORE WE GET INTO THE RESOLUTIONS? SO JUST TO MAKE SURE THAT WE, JUST TO

[00:50:01]

MAKE SURE I'M, WE TALKED ABOUT THE HAZARD HEALTH SAFETY WELFARE, WHICH WAS ONE OF THE SPECIALTIES CONDITIONS.

WE TALKED ABOUT THE CHARACTER MM-HMM .

AND WE TALKED ABOUT NOT BEING DETRIMENTAL IN PUBLIC NEEDS OR WELFARE.

SO JUST MIND MAKE SURE WE GOT A CLOSE.

UM, DID YOU CATCH THE TYPO IN THE RESOLUTION? PARAGRAPH FIVE, NUMBER ONE NUMBER? OKAY.

ABOUT FIVE OF NUMBER ONE.

YEAH, BUT NOW THERE ARE FOUR.

IT'S THE WRONG PROJECT.

SORRY.

NO, THAT'S OKAY.

ALRIGHT.

THERE'S ALSO, UM, YOU GOT THE HEIGHT AND YOU GOT THE TIME FOR THOSE PART ON PAGE THREE, RIGHT? THE HEIGHT IS 24 FEET, 24 FEET.

AND THEN CAR WASH WON'T BE OPEN AFTER NINE 9:00 PM 9:00 PM YEAH.

9:00 PM 24 FEET.

AND AGAIN, FOR THE RECORD, WE CAN'T CONTROL HOURS OF OPERATION, BUT IN OUR APPROVAL, THE APPLICANT HAS TOLD US THAT THEY WILL NOT BE OPEN 9:00 PM AFTER 9:00 PM THAT HELPS IN OUR ENVIRONMENTAL ANALYSIS TO MAKE A DECISION.

SO THEY WERE OPEN ALL NIGHT LONG, OUR ENVIRONMENTAL ANALYSIS.

AND THEN WHAT DATE IS THE ENGINEERING LETTER? CAMMY.

RIGHT? YOU NEED THE DATE OF THE ENGINEERING LETTER.

THE 15TH.

14TH NUMBER.

SO NUMBER LAST.

NUMBER THREE NUMBER.

APRIL 15.

WE'RE GONNA USE A DIFFERENT NUMBER THREE ON THAT THOUGH, DREW.

SORRY.

IF IT'S, IF IT'S CONFUSING, LEMME KNOW WHEN CHANGES YOUR RESOLUTION.

ALRIGHT, SO START WITH SEEKER SEPARATE.

YEAH, WE A BUNCH OF SEPARATE ONES HERE.

SO WHEREAS THE TOWN OF HAMBURG RECEIVED A SPECIAL USE PERMIT SITE PLAN APPLICATION FROM SLASH CAR WASH TO CONSTRUCT A CAR WASH AT 3 7 0 1 MCKINLEY PARKWAY.

AND WHEREAS THE HAMBURG PLANNING BOARD HELD THE REQUIRED PUBLIC HEARING AND RECEIVED COMMENTS FROM THE PUBLIC.

AND WHEREAS THE HAMBURG PLANNING BOARD IN ACCORDANCE WITH NEW YORK STATE ENVIRONMENTAL QUALITY REVIEW ACT, SEEKER HAS DONE A THOROUGH REVIEW OF THE PROJECT AND ITS POTENTIAL IMPACTS.

AND WHEREAS THE HAMBURG PLANNING BOARD IN ACCORDANCE WITH SEEKER HAS DETERMINED THAT THE PROPOSED SPECIAL USE PERMIT, SITE PLAN APPROVAL AND CONSTRUCTION OF THE CAR WASH WILL NOT ADVERSELY AFFECT THE NATURAL RESOURCES OF THE STATE AND OR THE HEALTH, SAFETY AND WELFARE OF THE PUBLIC AND IS CONSISTENT WITH SOCIAL AND ECONOMIC CONSIDERATIONS.

NOW THEREFORE, IT BE RESOLVED THAT THE TOWN OF HAMBURG PLANNING BOARD HEREBY DETERMINES THAT THE PROPOSED SPECIAL USE PERMIT, SITE PLAN APPROVAL AND CONSTRUCTION OF A CAR WASH IS NOT ANTICIPATED TO RESULT IN ANY SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACT.

AND THAT A NEGATIVE DECLARATION IS HEREBY ISSUED AND THAT THE PLANNING BOARD CHAIRMAN IS AUTHORIZED TO SIGN THE EAF, WHICH WILL ACT AS THE NEGATIVE DECLARATION.

THAT IS A MOTION BY BILL SECOND BY SECOND BY CINDY.

ALL IN FAVOR BY MOTION CARRIES BILL, I HAVE TO NOTE FOR THE RECORD BECAUSE THE ADDRESS IS THE ADDRESS OF MUCH OF THE MALL.

SO JUST UNDERSTAND IT'S THE TGI FRIDAYS AT THAT ADDRESS.

MM-HMM .

IF YOU PUT IN THAT ADDRESS, IT COMES UP A WHOLE BUNCH OF THE PROPERTIES WITH THE MALL.

ALL RIGHT, WE, WE CAN, WE'LL GET THAT ON THE NEXT ONE THEN.

SO THE NEXT ONE'S SITE PLAN SPECIAL SPECIAL NUMBER TWO.

OH YEAH, SPECIAL EXPERT.

OKAY.

TWO.

WHEREAS THE TOWN OF HAMBURG HAS RECEIVED THE SPECIAL USE PERMIT APPLICATION FROM SLASH CAR WASH FOR THE CONSTRUCTION OF A CAR WASH UNIT AT THE SITE OF THE CURRENT TGA FRIDAYS AT 3 7 0 1 MCKINLEY PARKWAY, OR I GUESS THE FORMER TGI FRIDAYS AT 3 7 0 1 MCKINLEY PARKWAY BASED ON A DETERMINATION BY THE TOWN CODE ENFORCEMENT OFFICER.

AND WHEREAS THE HAMPER PLANNING BOARD HELD THE REQUIRED PUBLIC HEARING AND RECEIVED COMMENTS FROM THE PUBLIC AND WHEREAS THE HAMBURG PLANNING BOARD IN REVIEWING THE PROPOSED PROJECT SPECIAL USE PERMIT HAS DETERMINED THAT IN ACCORD, IN ACCORDANCE WITH SECTION 2 8 0 DASH 3 1 2 AND 2 8 0 DASH 3 2 3 COMMERCIAL CAR WASHES, THAT ONE THE PROJECT WILL BE IN HARMONY WITH THE PURPOSES AND INTENT OF SECTION 2 8 0 DASH THREE 12.

SPECIAL USE PERMITS.

TWO.

THE PROJECT WILL NOT CREATE A HEALTH, A HAZARD TO HEALTH, SAFETY AND GENERAL WELFARE.

THREE.

THE PROJECT WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD NOR WILL IT BE DETRIMENTAL TO ITS RESIDENCE.

FOUR.

THE PROJECT WILL NOT OTHERWISE BE DETRIMENTAL TO PUBLIC CONVENIENCE AND WELFARE.

NOW, SPECIFICALLY FOR COMMERCIAL CAR WASHES, A, THESE FACILITIES SHALL NOT BE LOCATED WITHIN 200 FEET OF ANY RESIDENTIAL

[00:55:01]

STRUCTURE OR WITHIN 500 FEET OF ANY OTHER SUCH FACILITY.

UH, ARCHITECTURAL FEATURES OF THE CAR WASH BUILDINGS AND OTHER BUILDINGS ON THE PROPERTY WILL BE IN HARM.

HARMONY WITH THE SURROUNDING USES.

C VISIBILITY FROM THE ROAD SHALL BE MINIMIZED THROUGH PROPER SITING SETBACKS, EXISTING TOPOGRAPHIC FEATURES, BURNING AND LANDSCAPING FEATURES.

NOW THEREFORE BE RESOLVED THAT THE TOWN OF HAMBURG PLANNING BOARD HEREBY DETERMINES THAT THE PROPOSED SPECIAL USE PERMIT IS IN ACCORDANCE WITH THE REQUIREMENTS OF THE TOWN OF HAMBURG AND THEREFORE A SPECIAL USE PERMIT IS HEREBY ISSUED WITH THE FOLLOWING CONDITIONS.

ONE.

IT IS BASED ON THE SITE PLAN APPROVED BY THE PLANNING BOARD WITH ANY CONDITIONS ATTACHED TO THAT PLAN.

TWO.

THE APPLICANT HAS STATED THAT THE CAR WASH WILL NOT BE OPEN AFTER 9:00 PM THREE LIGHTING WILL BE SHOWN ON THE APPROVED SITE PLAN AND INTERNAL AND BUILDING LIGHTING WILL BE SHIELDED, DARK SKY COMPLIANT AND NOT NEON OR FLASHING COLORED LIGHTS OR LANDSCAPING.

AND SCREENING SHALL BE PROVIDED AS SHOWN ON THE DRAWINGS.

AND THE FINAL PLAN MUST BE APPROVED BY THE PLANNING DEPARTMENT.

THE PLAN MUST INCLUDE NO FENCING ON THIS.

ELIMINATE THAT.

UH, THE BUILDING WON'T BE MORE THAN 24 FEET IN HEIGHT.

UH, AND A WATER CONSERVATION SYSTEM AS DESCRIBED IN THE LETTER RECEIVED FROM THE APPLICANT DATED MARCH 16TH WILL BE INSTALLED.

SO THAT IS A MOTION BY BILL, SECOND BY SECOND, CINDY.

ALL IN FAVOR? AYE.

AYE.

AYE.

MOTION CARRIED.

NOW THREE IS SITE PLAN, TOWN OF HAMBURG PLANNING.

WE'RE HEREBY GRANT SITE PLAN APPROVAL FOR THE SPLASH CAR WASH PROJECT TO BE LOCATED AT THE SITE OF THE FORMER TGI FRIDAYS AT 3 7 0 1 MCKINLEY PARKWAY WITH THE FOLLOWING CONDITIONS.

ONE.

THE APPROVAL IS CONTINGENT UPON THE ENGINEERING DEPARTMENT COMMENT LETTER DATED APRIL 15TH, 2023.

TWO, THE LANDSCAPING PLAN SHALL BE REVIEWED AND APPROVED BY THE PLANNING DEPARTMENT.

THREE SIDEWALKS ON MCKINLEY ARE NOT WAIVED BUT ARE CONDITIONAL UPON APPROVAL FROM THE APPROPRIATE AGENCY.

UH, IT IS A MOTION BY BILL SECOND.

SECOND BY CINDY.

ALL IN FAVOR? AYE.

AYE.

MOTION CARRIES.

THANK APRIL 14TH.

THE, SORRY.

THE THANK YOU.

NEVER BUILD THAT CAR WASH .

ALRIGHT, SO I'LL MAKE A MOTION TO AMEND, UH, FROM APRIL 15TH TO APRIL 14TH FROM THE ENGINEERING DEPARTMENT COMMENT LETTER.

SECOND.

MOTION BY BILL SECOND BY CINDY.

ALL IN FAVOR? AYE.

AYE.

MOTION CARRIED HERE.

WE'RE READING SO BEAUTIFULLY.

I JUST MONITOR.

AFTERNOON.

THANK YOU.

THANK YOU ALL.

APPRECIATE YOUR FACT.

THANK YOU.

THANK YOU SO MUCH.

ALL RIGHT.

NEXT ITEM ON THE AGENDA IS 7 1 6 STORAGE LLC REQUESTING PLANNING BOARD APPROVAL OF A SPECIAL USE PERMIT AND SITE PLAN.

APPROVAL OF A 71,400 SQUARE FOOT SELF STORAGE FACILITY IN VACANT LAND LOCATED ON THE SOUTHWESTERN CORNER OF SOUTH PARK AVENUE AND SOUTHWESTERN BOULEVARD.

GOOD EVENING.

CHRIS WOOD WITH CARWOOD DESIGN.

WE'RE THE ENGINEERS FOR THE PROJECT.

UH, AS YOU STATED, WE'RE SEEKING SPECIAL USE PERMIT AND APPROVAL FOR THE 700,000 SQUARE FOOT, UH, SELF STORAGE FACILITY ON BAYVIEW AND SOUTH PARK AND RILEY BOULEVARD.

UH, SINCE WE'RE HERE AT THE LAST MEETING, WE DID RESUBMIT THE LANDSCAPE PLAN.

YOU GUYS HAD ASKED FOR THE LANDSCAPE FEATURE AT THE CORNER OF, UH, BAYVIEW AND SOUTH PARK AND WE PROVIDED THAT, THAT THEY HAD YOUR PLAN.

IT'S A A DECORATIVE TYPE TYPE FEATURE, A LOT OF COLORFUL PLANTS AND WHATNOT.

UM, WE ALSO DID ADD SIDEWALKS DOWN BAYVIEW, WHICH WILL CONNECT TO SOUTH PARK.

I THINK THAT WAS A COMMENT LAST TIME WE WERE HERE.

UM, PREVIOUS ITERATION WE DID REMOVE THE OUTDOOR STORAGE AND WE ADDED, UM, STORAGE BUILDINGS.

SO THOSE VEHICLES THAT ARE GONNA BE STORED RVS, UH, WILL BE NOW STORED INSIDE AS OPPOSED TO OUTSIDE.

IF ANYBODY HAS ANY QUESTIONS, I CAN CURRENTLY ANSWER THEM.

ALRIGHT.

ONE OF THE THINGS THEY ASKED FOR, UM, SORT OF PICK IT UP.

UM, YOU WERE GONNA CONSIDER WHETHER YOU CAN PUT PLANTINGS IN THE BIO RETENTION AREA? UH, I MEAN WE CAN.

I MEAN, IS IT, IS IT A, A BIG DEAL? WE HAVEN'T, WE HAVEN'T HAD GOOD SUCCESS WITH THE PLANTS IN THE BIO RETENTION BECAUSE YOU PUT PLANTS THAT LIKE WATER AND IN THE MIDDLE OF SUMMERTIME YOU DON'T HAVE THE WATER AND THEY DON'T TEND TO

[01:00:01]

SURVIVE VERY WELL.

BUT WE DID, YOU KNOW, LIKE I SAID, WE DID ADD ADD ADDITIONAL PLANTINGS OVER ON THE CORNER.

THAT MAKES SENSE TO YOU, MARGO.

MM-HMM .

THAT MAKES SENSE TO YOU.

YEAH, WE MADE THEM MAKE IT PRETTY BECAUSE THERE WAS NOTHING TO LOOK AT BUT A BUILDING.

SO WE SAID MAKE IT PRETTY AND THEY DID , BUT I UNDERSTAND THE SURVIVABILITY OF THE, UM, THE BUYER RETENTION PLAN, SO THAT'S FINE.

OKAY.

THERE WAS ANOTHER QUESTION ASKED OF ME, AND I'M HOPEFULLY CHRIS AND CAMMY WILL KEEP ME OUTTA TROUBLE HERE.

THE QUESTION OF THAT WAS ASKED OF ME WAS THAT, IS THE AMOUNT OF IMPERVIOUS SURFACE THE SAME AS WHAT WAS IN THE ORIGINAL PLAN? UNFORTUNATELY, THE ORIGINAL GEIS DID NOT HAVE ANY THRESHOLD FOR APPROPRIATE SURFACE.

THEY SHOWED LOTS BEING LAID OUT AND THE, AND IT SAYS IN THE FINDINGS THAT EACH INDIVIDUAL SITE WILL BE APPROVED BY THE ENGINEERING DEPARTMENT WITH HIS OWN INDIVIDUAL SWIFT AND OWN DETENTION AREA.

UM, SO THERE'S DISCUSSION OF LANDSCAPING, WHATEVER.

THERE'S NO SPECIFIC REQUIREMENT.

A LOT OF FINDINGS HAD A SPECIFIC REQUIREMENT ON THE SQUARE FOOTAGE OF BUILDINGS THAT DID NOT HAVE THAT.

IT WAS JUST LOT LAYOUTS WITH INDIVIDUAL WASN'T ONE TON, IT WAS INDIVIDUAL SITE AS ITS OWN STORM OR FEATURE.

SO THAT THERE'S NOTHING IN THE EIS ABOUT THE AMOUNT OF IMPERVIOUS SURFACE THAT WOULD, I MEAN WE DO, WE DO EXCEED WHAT'S RECORDED BY THE TOWN'S 15% REQUIREMENT.

I'M JUST TELLING YOU, THEY ASKED ME IF THERE WAS ANYTHING IN THE ORIGINAL EIS THRESHOLD.

THERE WAS NO THRESHOLD OF IMPERVIOUS SURFACE.

IT DOES TALK ABOUT LANDSCAPING AND OTHER THINGS ON EACH INDIVIDUAL SITE AND HAVING INDIVIDUAL STORMWATER PLANS APPROVED FOR EACH INDIVIDUAL SITE.

YES.

SO JUST FOR THE CAR DREW, DO YOU HAVE A COPY OF THE SECRET RESOLUTION FOR THIS ONE? UM, WE GOT A COPY OF THE SECRET RESOLUTION, BUT THE EFS IS WHAT WE NO, NO, IT'S NOT THE THERE, UM, THE SECRET RESOLUTION FOR THIS PROJECT REFERENCES THE FINDINGS DOCUMENT FOR THIS PROJECT.

DO YOU HAVE A COPY OF THAT? NAME HAS CHANGED ON, BUT THIS IS WHAT WE WERE USING AND WE SAID WITH THE GENERIC IMPACT STATEMENT, YOU GUYS HAVE BEEN DEALING WITH 'EM A LOT.

WE REVIEW THE FINDINGS DOCUMENT.

WE FOUND SOME THINGS THAT ARE SLIGHTLY IN INCONSISTENT WITH THE ORIGINAL PLAN.

SO WE DO A NEGATIVE DECLARATION.

YOU IF ONE OF FOUR CHOICES, IT'S COMPLETELY IN ACCORDANCE WITH THE FINDINGS OR THAT IT'S SLIGHTLY NOT IN ACCORDANCE WITH THE FINDINGS, BUT THE CHANGES ARE INSIGNIFICANT.

AN ISSUE OF NEXT DECK.

RIGHT.

IT'S THE DIFFERENT ONE.

AND THEN, OR YOU CAN ASK FOR A POSITIVE DECLARATION OR DO AMENDED FINDINGS.

WE DON'T RECOMMEND DOING AMENDED FINDINGS.

TOWN BOARD DID THAT WITH THE ORIGINAL EIS AND FINDINGS.

YOU, YOU WERE NOT AMEND AMENDED FINDINGS.

SO YOU HAVE TWO CHOICES, EITHER ISSUE A NEG DECK IS WHAT THE RESOLUTION IS OR ISSUE A POS DECK AND ASK FOR AN ENVIRONMENTAL IMPACT OR A SUPPLEMENTAL IMPACT.

WHAT'S THE SIZE OF THIS PARCEL? CAN YOU REMIND ME? UH, THE PARCEL IS 1 5, 5 0.1 ACRES.

THAT'S THE OLD ONE WE JUST WENT THROUGH.

WE HAVE ONE FOR THIS PARTICULAR ONE.

RIGHT.

I STARTED TO FILL ONE OUT AND WE DIDN'T FILL IT OUT BECAUSE OKAY.

IT WAS EVERYTHING WAS IN ACCORDANCE EXCEPT FOR RIGHT.

BUT WE REFERENCE IT IN OUR PAPER RESOLUTION.

YEP.

I'LL, I'LL FINALIZE IT BASED UPON, I DIDN'T KNOW IF YOU GUYS HAD ANY COMMENTS.

WE SENT THIS OUT.

OKAY.

IT USED TO BE THE OLD, DO YOU WANNA MARK IT UP NOW? IT USED TO BE CALLED THE JOSH BE CAN WE MARK? RIGHT.

BUT THAT WAS, THAT'S EVEN A DIFFERENT LOCATION.

OH, IT WASN'T IN THIS.

THAT WAS THE, THAT WAS HERE.

THAT WAS THE SAME PARCEL HERE.

I THOUGHT IT WAS THE SAME PARCEL.

SAME PARCEL.

SO YEAH, IT WAS THE OLD, THE REFERENCES BEING NEXT TO THE FRONTIER SCHOOL WHERE THIS WAS NEXT TO THE CAR WASH.

RIGHT.

WELL FRONTIER BEING, OH, SO THE OVERALL 28 ACRE PARCEL IS FOUNDED BY THAT.

CORRECT.

RIGHT.

AND JUST TO REMEMBER THE HISTORY 'CAUSE WE'RE GONNA DEAL WITH IT ON ANOTHER PROJECT.

THIS WAS AN ENTIRE BUSINESS PART.

THEN THEY CAME IN RECENTLY IN THE LAST COUPLE YEARS AND GOT PART OF THE SITE TO THE OTHER SIDE OF RILEY BOULEVARD REZONED BY THE TOWN BOARD TO NEIGHBOR COMMERCIAL TO ALLOW THE PROJECT THAT'S ON FUTURE.

THIS REMAINED IN THE BUSINESS PART.

THIS IS THE REMAINING PIECE IN THE BUSINESS PART THAT COULD BE DEVELOPED AS AS COMMERCIAL DEVELOPMENT.

AND WE ASKED THAT MATTER OF FACT WHEN THEY DID THE REZONING THAT MR. BURKE PUT IN HIS LETTER IS THAT THEY INCLUDED A SKETCH OF THIS IN THE REZONING.

SO THE TOWN BOARD WANTED TO KNOW HOW THIS WAS ALL GONNA FIT TOGETHER IF WE REZONED THIS, THE NEIGHBOR COMMERCIAL, WHAT IS THE ADJOINING PROPERTY? AND THEY SHOWED THE, SHOWED A SIMILAR OF THIS.

THAT'S WHY IT WAS JOSH BEST.

THEY SHOWED, UH, UH, PUBLIC STORAGE FACILITY.

WE THEN SUBSEQUENTLY WORKED WITH, UH, THE NEW APPLICANT IN SAYING IT'S GOTTA BE A FULL SCALE BUILDING.

WE DIDN'T WANT OUTDOOR STORAGE.

IT COULDN'T HAVE ANY MINI STORAGE ON IT.

AND THIS IS THE RESULT OF, OF ALL THAT WORK AT THIS POINT, AFTER A YEAR AND A HALF, THAT THIS IS A FULL SCALE BUILDING OF STORAGE, UH, RENTAL STORAGE

[01:05:01]

AND WITHOUT THE OUTDOOR STORAGE.

YOU ASKED FOR CHANGES TO, UH, THE LOOKS OF THE BUILDING.

YOU ASKED FOR ADDITIONAL LANDSCAPING.

UM, ARE THERE OTHER THINGS, AGAIN, WE DRAFTED UP SOME THINGS, BUT YOU, BASED UPON THE DIRECTION YOU GAVE US AT LAST MEETING, BUT YOU ARE ISSUING A SEPARATE NEGATIVE DECLARATION.

YES, WE'RE REFERENCING THE FINDINGS DOCUMENT, BUT WE'RE NOT ISSUING THE SUPPLEMENTAL FINDINGS.

WE'RE SAYING IT'S A NEGATIVE DECLARATION.

SO WE WOULD SAY THEN WITH REGARD TO THE ORIGINAL FINDINGS ON THE LAND, IS THAT WE ARE CONSISTENT WITH SITE SPECIFIC STORMWATER.

RIGHT.

AND THAT WATERS DESIGNED TO DEC STANDARDS.

OH TOWN AND DEC STANDARDS TOWN.

WE'RE AN MS FOUR.

RIGHT.

SO IT HAS TO BE APPROVED TO THE TOWN STANDARD.

AND A SITE SPECIFIC LANDSCAPING PLAN HAS BEEN DEVELOPED IN ACCORDANCE WITH THE PLANNING FOR THAT.

RIGHT.

RIGHT.

MM-HMM .

UH, THE OTHER COMMENT HERE, JUST CONFIRMING THAT NO EXCESS SOILS OR BED WORK FROM ANY PARCEL HERE WILL BE STORED ON THE AFTER YOU'VE COMPLETED CONSTRUCTION ON THIS PARCEL.

NO.

ANY, ANY EXCESS WILL BE REMOVED.

SORRY, I'M STILL NO, IT'S ALRIGHT.

THE ALTERNATIVE WOULD BE THEY CAN COME BACK LATER.

SO I APPRECIATE YOU.

UM, ALL RIGHT.

IMPACT ON WATER.

SO YOU WILL HAVE A SLIP AND FOLLOW US.

WHAT PROCEDURES? UM, YOU'RE GONNA SUBMIT THE PLANS TO CAMMY, UM, NO WETLANDS ON THIS PARCEL.

AND YOU WILL GET URI COUNTY WATER AUTHORITY APPROVAL FOR ANY HOOKUPS FOR, I'M ASSUMING YOU'LL HAVE A RESTROOM FOR STAFF.

WE'LL RESTROOM IN THE OFFICE AND ALSO WE'LL GET COUNTY SEWER APPROVAL FOR THE SEWER CONNECTION.

UM, SO ONE OF THE COMMENTS IN THE ORIGINAL, UH, EIS WAS THAT INAPPROPRIATE DEVELOPMENT COULD HAVE NEGATIVE IMPACTS ON THE LOCAL AESTHETIC CHARACTER.

AND I THINK THE LANDSCAPING PLAN WAS IMPLEMENTED TO ADDRESS THAT, RIGHT? MM-HMM .

UM, THE ONE COMMENT THAT WAS IN HERE, UH, SAID THAT THE LANDSCAPING PLAN WILL BE PREPARED AND CERTIFIED BY A NEW YORK STATE LICENSED LANDSCAPE ARCHITECT.

YEAH.

ONLY ABOVE WALTER.

OKAY.

NO OUTDOOR STORAGE AREAS, CORRECT? CORRECT.

UM, YOU PROVIDE US A VISUAL REPRESENTATION, ADEQUATE SCREENING, SCREENING IN OTHER LOCATIONS NEEDED.

UM, START READING.

YEAH.

ALRIGHT.

UM, YOU MIGHT, MY HANDWRITING IS FOUR.

SORRY TO ALL MY ELEMENTARY SCHOOL TEACHERS.

ALL RIGHT.

UM, SO BECAUSE THE, THE SECRET RESOLUTION SAYS WE CONSIDERED THE, UH, PARTS, WHAT IS THIS ONE? OKAY.

THE FINDING STATEMENT.

UH, WE'RE GONNA HAVE TO MAKE SURE EVERYBODY LOOKS AT THE PAGES AND FINDING STATEMENTS BEFORE WE DO A VOTE ON IT.

SO I'LL JUST START PASSING IT AROUND HERE IN OUR PAGE.

ALL YOUR CONSTRUCTION VEHICLES WILL BE PROPERLY MAINTAINED AND HAVE SUFFICIENT MUFFLER SYSTEMS. NEW YORK STATE, UH, ABSOLUTELY WITH DOOR.

WHILE YOU'RE DOING THAT, WE, WE DRAFTED A RESOLUTION FOR A SPECIAL NEWS PERMIT.

WE HELD PUBLIC HEARINGS IN SPECIAL CURRENT.

[01:10:01]

THERE'S NO SPECIAL USE PERMIT REQUIRED FOR THIS ANYMORE.

THEY'VE REMOVED THE OUTDOOR OH, REMOVED THE OUTDOOR STORAGE.

SO THERE'S NO SPECIAL USE PERMIT, JUST PLAN APPROVAL BUILDINGS UNDER HUNDRED THOUSAND SQUARE FEET.

YOU SAID 71.

71.

YEP.

BARELY.

RIGHT, BECAUSE THEY'RE NOT DOING OUTDOOR STORAGE.

SO JUST THE SECRET.

YOU WANNA READ IT? ALRIGHT, LET'S WAIT TILL WE ALL GET THROUGH THIS HERE.

YOU DON'T NEED A SPECIAL USE PERMIT, JUST THE SEEKER AND SITE PLANNING RESOLUTION OR DRAFT.

THIS IS NOT GONNA TRIGGER ANY OF THE TRAFFIC, CORRECT? WERE CONSISTENT WITH IN THE TRAFFIC.

YEAH.

THE, THE TRAFFIC NUMBERS ARE MINIMAL ON THIS, ON THIS COMPARED TO AN , THEY GENERATE PROBABLY LESS THAN 20 TRIPS AN HOUR, 20 TRIPS A DAY.

A TAKE THEM BOTH DOWN.

ALRIGHT.

THOUGHT PROBABLY THAT'S WHY YOU'RE DOING THAT.

FOR THE RECORD.

IT SAYS ALLOW NEWS NUMBER 16 IN THE C DISTRICT IS IT SAYS PRIVATE RENTAL STORAGE, MINI STORAGE IS PROHIBITED.

THE PROHIBITION DOES NOT INCLUDE FULL SCALE BUILDINGS IN WHICH MATERIAL SPACES ARE BEING RENTED FOR INDIVIDUAL STORAGE SYSTEMS. THAT'S AN ALLOWED USE FULL SCALE BUILDING.

SO I AM JUST ADDING A NOTE IN HERE THAT WE FIND THAT THIS PROJECT IS CONSISTENT WITH THE TOTAL DEVELOPMENT THRESHOLDS OUTLINED, WHICH INCLUDES THE UNAVOIDABLE DEVELOPMENT, YOU KNOW, CONVERSION FOR DEVELOPMENTAL UP TO 28 ACRES AND A FEW ITEMS ABOUT AESTHETICS AND, BUT THAT WE ARE CONSISTENT WITH THE FINDINGS, INCLUDING WITH THE TRAFFIC AND THE REDUCED TRAFFIC USE.

2010.

ALMOST DONE.

WHEN YOU SAY IT'S CONSISTENT WITH THE ORIGINAL ONE, DO WE HAVE TO DO ANY SECRET OR NO, IT'S CONSISTENT WITH THE ORIGINAL IMPACT THRESHOLD.

IT'S THE SAME.

NO, WHEN I SAY IT'S THE SAME, IT'S THE SAME AS THE ORIGINAL FINDING STATEMENT.

WE ARE INCURRING EXACTLY WITH THE RIGHT, BUT WE DID DO THE SECRET.

THIS IS THE SECRET, RIGHT? WE'RE DOING A NEW SECRET.

WE DID REVIEW UNDER SECRET.

WE ARE FINDING THAT IS CONSISTENT.

OKAY.

UNLESS ANYBODY FEELS OTHERWISE THAT WE ARE NOT FINDING IT.

THIS WAS CONSISTENT WITH THE FINDINGS OF THE ORIGINAL.

DO YOU THINK THAT WE'RE CONSISTENT WITH THE ORIGINAL EIS THRESHOLD FINDINGS? YEAH, I THINK SO.

APPRECIATE THE, UH, NOT AESTHETICS HERE IN THE DEVELOPMENT OF CYCLING.

MM-HMM.

YEAH.

I'VE DECIDED IF THERE'S NO WELLNESS, WE'RE GONNA MAKE THINGS PRETTY.

I WANT SOUNDS GREAT.

YEAH.

YOU KNOW THEM WHEN IT WAS COLD.

NO, NO.

IN, UH, YEAH.

I GOTTA MOVE THEM SPRING AGENDA NOW THAT IT'S MINUS THE SNOW.

YEAH.

EXCELLENT.

GET INTO RESOLUTION 7 1 6 STORAGE LLC SOUTHWESTERN BOULEVARD DRAFT SEEKER RESOLUTION.

WHEREAS THE TOWN OF HAMBURG RECEIVED A SITE PLAN APPLICATION FROM 7 1 6 STORAGE LLC TO CONSTRUCT A NEW SELF STORAGE FACILITY AT THE SOUTHWESTERN CORNER OF SOUTH PARK AVENUE AND SOUTHWESTERN BOULEVARD.

AND WHEREAS HAMBURG PLANNING BOARD HAS REVIEWED THE PLAN AND HELD THE REQUIRED PUBLIC HEARING, AND WHEREAS THE PROJECT IS LOCATED IN THE HAMBURG BUSINESS PARK, WHICH WAS THE SUBJECT OF A-G-E-I-S AND FINDINGS WERE ISSUED BY THE TOWN BOARD.

AND WHEREAS THE HAMBURG PLANNING BOARD IN ACCORDANCE WITH NEW YORK STATE ENVIRONMENTAL QUALITY REVIEW ACT AS AN INVOLVED AGENCY MUST IS

[01:15:01]

ISSUE ITS OWN FINDINGS FOR THE FIRST PROJECT THAT NEEDS TO BE APPROVED BY THE PLANNING BOARD WITHIN THIS BUSINESS PARK.

AND WHEREAS THE PLANNING DEPARTMENT AND PLANNING BOARD HAVE UTILIZED THE TOWN BOARD FINDING STATEMENTS TO CREATE A FINDING DOCUMENT FOR THE PLANNING BOARD, AND WHEREAS THE PLANNING BOARD HAS REVIEWED THE PROJECT AGAINST THE SEEKER FINDING FORM CREATED BY THE PLANNING BOARD.

AND WHEREAS THE HAMBURG PLANNING BOARD IN ACCORDANCE WITH SEEKER HAS DETERMINED THAT THE PROPOSED ACTION IS IN ACCORDANCE WITH THE SEEKER FINDINGS AND THEREFORE WILL NOT ADVERSELY AFFECT THE NATURAL RESOURCES OF THE STATE AND OR HEALTH SAFETY AND WELFARE OF THE PUBLIC, AND IS CONSISTENT WITH SOCIAL AND ECONOMIC CONSIDERATIONS.

NOW THEREFORE BE RESOLVED, THE, THE TOWN OF HAMBURG PLANNING BOARD HEREBY ISSUES THE ATTACHED NEGATIVE SEEKER FINDINGS, INCLUDING THAT THE PROJECT IS NOT ANTICIPATED TO RESULT IN ANY SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACT AND BE A FURTHER RESOLVE THAT THE PLANNING BOARD CHAIR IS AUTHORIZED TO SIGN THE SEEKER FINDINGS FORM, WHICH WILL ACT AS THE DOCUMENTATION FOR CONFORMANCE TO THE FINDINGS.

OKAY.

SO ONE QUESTION.

SHOULD THAT BE NORTHWEST CORNER OF SOUTHWESTERN AND SOUTH PARK? NO.

PROBABLY BECAUSE THE ONE I READ ACTUALLY SAID IT WAS POSITIVE DECLARATION FINDINGS TOO.

SO I HAD TO SWITCH STUFF AROUND.

OKAY.

I THINK I SAID NO, IT'S CORRECT IN THE RESOLUTION.

IT'S A POSITIVE SEEKER FINDING.

IT'S NOT A NEGATIVE DECLARATION.

IT'S A POSITIVE SECRET FINDINGS.

IT IS A POSITIVE 'CAUSE.

WE ARE CONFIRMING THE FINDINGS FOR THE ORIGINAL POSITIVE VA READ YOUR IT'S IT'S OPPOSITE.

IT'S PO FINDINGS VERSUS RECEIVED.

IT'S A POSITIVE SECRET FINDINGS.

I THINK THAT'S ANOTHER AMENDMENT.

NEGATIVE SECRET NEGATIVE.

RESTART.

IT'S POSITIVE FINDINGS.

DO YOU LIKE TO RESTART? YEP.

WHEN SOMEBODY ELSE WANTS TO TAKE A CRACK AT IT ALL.

I'M CHANGING THE WE RESTART IT.

I KNOW, BUT WHAT AM I CHANGING ON THE CORNER? THE DIRECTION NORTHEAST INSTEAD SOUTHEAST? NO, NO, NO.

NORTHWEST.

NORTHWEST NORTHWEST INSTEAD SOUTHWEST, RIGHT? CORRECT.

AND POSITIVE STAYS.

YEAH.

RIGHT.

POSITIVE STAYS THEN CHANGING, UM, FOR THE 7 1 6 STORAGE, LLC UM, ZERO SOUTHWESTERN BOULEVARD, UM, SEEKER RESOLUTION, WHEREAS THE TOWN OF HAMBURG RECEIVED A SITE PLAN APPLICATION FOR 7 1 6 STORAGE LLC TO CONSTRUCT A NEW STORAGE FACILITY AT THE NORTHWEST NORTHWEST CORNER OF SOUTH PARK AVENUE AND SOUTHWESTERN BOULEVARD.

AND WHEREAS THE HAMBURG PLANNING BOARD HAS REVIEWED THE PLAN AND HELD THE REQUIRED PUBLIC HEARING, AND WHEREAS THE PROJECT IS LOCATED TO THE HAMBURG BUSINESS IN THE HAMBURG BUSINESS PARK, WHERE, WHICH WAS THE SUBJECT OF A-G-E-I-S AND FINDINGS WERE ISSUED BY THE TOWN BOARD.

AND WHEREAS THE HAMBURG PLANNING BOARD IN ACCORDANCE WITH THE NEW YORK STATE ENVIRONMENTAL QUALITY REVIEW ACT SEEKER AS AN INVOLVED AGENCY MUST ISSUE ITS OWN FINDINGS FOR THE FIRST PROJECT THAT NEEDS TO BE APPROVED BY THE PLANNING BOARD WITHIN THIS BUSINESS PARK.

AND WHERE PLANNING DEPARTMENT AND PLANNING BOARD HAVE UTILIZED THE TOWN BOARD FINDINGS STATEMENT TO CREATE A FINDINGS DOCUMENT FOR THE PLANNING BOARD.

AND WHEREAS THE PLANNING BOARD HAS REVIEWED THE PROJECT AGAINST THE SEEKER FINDING FORM CREATED BY THE PLANNING BOARD, AND WHEREAS THE HAMBURG PLANNING BOARD AND ACCORDANCE WITH SEEKER HAS DETERMINED THAT THE PROPOSED ACTION IS IN ACCORDANCE WITH THE SEEKER FINDINGS AND THEREFORE WILL NOT ADVERSELY AFFECT THE NATURAL RESOURCES OF THE STATE AND OR THE HEALTH, SAFETY AND WELFARE OF THE PUBLIC AND IS CONSISTENT WITH THE SOCIAL AND ECONOMIC CONSIDERATIONS.

NOW THEREFORE, BE IT RESOLVED THAT THE TOWN OF HAMBURG PLANNING BOARD HEREBY ISSUES THE ATTACHED POSITIVE SEEKER FINDINGS INDICATING THAT THE PROJECT IS NOT ANTICIPATED TO RESULT IN ANY SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACT AND BE IT FURTHER RESOLVED THAT THE PLANNING BOARD CHAIR IS AUTHORIZED TO SIGN THE SECRET FINDINGS FORM, WHICH WILL ACT AS THE DOCUMENTATION FOR CONFORMANCE TO THIS FINDINGS TO THE FINDINGS.

SORRY.

THAT'S A MOTION BY CINDY SECOND.

BY SECOND DENNIS.

ALL IN FAVOR? AYE.

AYE.

AYE.

MOTION CARRIED.

ALL RIGHT.

UM, I GOTTA REDEEM MYSELF.

NO SPECIAL THIS WHERE IT'S GONE.

SO WE'RE JUST DOWN TO THE SITE PLAN, RIGHT? SO WE GET THE SITE PLAN AND THE SITE PLAN.

WE'RE NOT WAIVING THE SIDEWALKS ANYMORE.

WE'RE MAKING THE SIDEWALKS ON BAYVIEW.

SO NUMBER SIX WILL CHANGE.

UM, SO WHAT'S THE DATE FOR THE ENGINEERING DEPARTMENT LETTER? I WAS GONNA ASK YOU THE 14TH.

APRIL 14TH.

[01:20:02]

SO WE GOT RID OF THE SPECIAL USE AND ADJUST.

AND NUMBER TWO, THE FINAL LANDSCAPING PLAN WILL BE APPROVED BY THE PLANNING DEPARTMENT AND SHALL INCLUDE THE UPDATES PRESENTED AT OUR MEETING ON APRIL 19TH.

THANK.

WHAT'S THE DATE OF THAT DRAWING? UM, IT IS MARCH 28TH, 2023.

THIS FIRST SENTENCE IS WRONG.

ALRIGHT, MARK IT UP.

YEAH.

SENTENCE WRONG.

NO, THIS ONE HERE, RIGHT? THE OTHER ONES, UH, SIDEWALKS ON BAYVIEW, RIGHT? AND, AND SOUTHWESTERN? OR THEY ALREADY SOUTH? ON SOUTH FAR THEY'RE EXISTING.

OKAY, SO JUST BAYVIEW, RIGHT? SOUTHWESTERN.

NEXT TO OUR EXISTING.

ALSO, THE FIRST SENTENCE SHOULD JUST BE THAT YOU'VE ISSUED A N DECK.

THE FIRST RESOLUTION AFTER ISSUING A, A SEEKER FINDINGS OR FIGURE DETERMINATION HAS TO REFERENCE THAT SEEKER DETERMINATION.

WE HAD IT BEFORE IN THE SPECIAL, BUT WE'RE NOT DOING ALRIGHT.

SO THE PLANNING BOARD, BASED ON THE ISSUANCE OF A SECRET NEGATIVE DECLARATION REVIEW OF THE PROJECT IN ACCORDANCE WITH ARTICLE XLIV REVIEW OF THE PROJECT IN ACCORDANCE.

PLEASE.

DID YOU JUST SAY, IN ACCORDANCE WITH THE SECRET NEGATIVE DECLARATION FIGURE POSITIVE FINDING.

OH, POSITIVE FINDINGS.

YOU'RE RIGHT.

YEAH.

OKAY.

YEP.

I WAS GONNA REDEEM MYSELF AND I ALREADY MESSED UP, RIGHT? I I GOT RID OF THE ZBA PART, BUT IT'S THIS, THIS POSITIVE FINDING THIS, UM, REALLY THROWING ME OFF.

UM, PLANNING BOARD BASED ON THE ISSUANCE OF THE SEEKER OF SEEKER POSITIVE FINDINGS.

REVIEW OF THE PROJECT IN ACCORDANCE WITH ARTICLE XL IV SITE PLAN, APPROVAL REVIEW OF THE PROJECT IN ACCORDANCE WITH, UH, AND THE C TWO ZONING DISTRICT REQUIREMENTS.

SIT HERE TWICE.

THE C TWO ZONING DISTRICT REQUIREMENTS OF THE TOWN OF HAMBURG ZONING CODE HAVE RECEIVED AND CONSIDERED INPUT FROM TOWN DEPARTMENTS, COMMITTEES, AND ADVISORY BOARDS, AND HAVING COMPLETED THE REQUIRED PUBLIC HEARING, HEREBY GRANT'S CONDITIONAL SITE PLAN APPROVAL FOR THE 7 1 6 STORAGE PROJECT.

BE LOCATED AT SOUTH PARK AVENUE IN BAYVIEW ROAD WITH THE FOLLOWING CONTI CONDITIONS.

ONE APPROVAL IS CONTINGENT UPON THE ENGINEERING DEPARTMENT COMMENT LETTER DATED APRIL 14TH, 2023.

TWO.

THE FINAL LANDSCAPING PLAN WILL BE APPROVED BY THE PLANNING DEPARTMENT AND SHALL INCLUDE THE UPSTATE UPDATED LANDSCAPING PLAN DATED MARCH 28TH AND PRESENTED ON APRIL 19TH.

THREE LIGHTING SHALL BE SHIELDED.

DARK SKY COMPLIANT AS SHOWN ON THE PLANS.

FOUR NEON FLASHING COLORED LIGHTING SHALL NOT BE UTILIZED IN THE BUILDING OR OUTSIDE OF THE BUILDING.

FIVE, NO OUTDOOR STORAGE WILL BE ALLOWED.

SIX.

THE CONSTRUCTION OF SIDEWALKS IS REQUIRED ON BAYVIEW, BUT IS WAIVED ON SOUTH PARK AND SOUTHWESTERN AS THERE ARE CURRENTLY EXISTING SIDEWALKS ON SOUTH PARK AND SOUTHWESTERN.

DO YOU WAVE IT ON RILEY BOULEVARD? UH, CURRENTLY ON RILEY BOULEVARD TOO.

THERE'S

[01:25:01]

NOTHING ON RILEY.

NOTHING ON RILEY BOULEVARD.

CAR WASH DOESN'T HAVE EITHER.

ALRIGHT, WELL THAT'S A QUESTION.

DO WE WANNA WAVE THEM ON RILEY BOULEVARD? CAN? I DON'T KNOW THAT RILEY BOULEVARD IS GOING.

THIS IS SORT OF A LOADED QUESTION BECAUSE THERE'S, THERE'S A POND THERE.

WELL, THERE'S, WELL, THE WASN'T REQUIRED TO HAVE, SO THESE GUYS ARE NEVER GONNA PUT IT IN.

BUT THE QUESTION ON, SO, RIGHT, THE REASON I'M SAYING THIS IS BECAUSE THERE'S A RESIDENTIAL DEVELOPMENT ON THE OTHER SIDE OF RILEY BOULEVARD AND THE CONCERN IS MAKING SURE THAT THERE'S PEDESTRIAN ACCESS BOTH OVER TOWARDS WHERE THE SENIOR CENTER IS AND OVER TO THE SCHOOL.

SO THE QUESTION IS, IT LOOKS LIKE THE PROPOSAL IS TO HAVE SIDEWALKS ON THE OTHER SIDE, BUT ON THE NORTH SIDE, ON THE WEST OR NORTH SIDE OF RILEY TO WALK THEM ON THE SIDE.

YEAH.

YOU DON'T LET PEOPLE WALK IN ON THE CAR WASH AND, YOU KNOW WHAT I'M SAYING? IF WE MAKE THEM PUT 'EM UP, THEY'RE GONNA BE WALKING ON THE SIDE OF THE CAR, WASH THE BANK, YOU KNOW.

YEAH.

THE PEDESTRIAN TRAFFIC'S GONNA BE ON THIS SIDE.

RIGHT? THE PARTIES.

AND THEY WILL CONNECT TO THE, THEY'LL CONNECT TO THE BAYVIEW SIDEWALK.

ALRIGHT, SO WE'LL REDO THIS A LITTLE BIT.

SO, FOLLOWING CONDITION SIX, CONSTRUCTION OF SIDEWALKS IS REQUIRED ON BAYVIEW SEVEN.

CONSTRUCTION OF SIDEWALKS IS WEIGH ON SOUTH PARK AND SOUTHWESTERN, AS THERE ARE CURRENTLY EXISTING SIDEWALKS AND EIGHT SIDEWALKS ON RILEY BOULEVARD ARE WAIVED.

OKAY.

CAN WE JUST NOTE WHAT SIDE, SO THAT, OKAY.

WHEN IT COMES UP WITH THE DEVELOPMENT, THEY DON'T SAY, OH, YOU WAIVED NOTES.

SO THAT WOULD BE THE, OKAY.

SO EIGHT INSTRUCTION OF SIDEWALKS ON THE SOUTH SIDE OF RILEY BOULEVARD IS WA YEAH.

ALRIGHT.

THAT'S A GOOD ONE.

OKAY.

SO THAT'S A MOTION BY BILL.

SECOND.

SECOND BY CINDY.

ALL IN FAVOR? AYE.

AYE.

MOTION CARRIED.

THANK YOU.

YOU WE DO A LOT OF WORK AND FLY THERE.

MAKE SURE YOU WORKING FOR IT.

YOU WERE WORKING FOR IT.

THE OTHER ONE CHANGED ALL THE, WE DID THE, UH, BINDING STATEMENT.

ALL RIGHT.

NEXT ITEM.

THE AGENDA IS PARK GROVE REALTY REQUESTING SITE PLAN DIRECTION ON A PROPOSAL TO CONSTRUCT A 70 UNIT MULTI-FAMILY DEVELOPMENT WEST SIDE O'REILLY BULL.

WE HAVE SIDEWALKS, WE HAVE SIDEWALKS WEST SIDE.

IT WAS A QUESTION IN THE FACEBOOK ABOUT THE, UH, LAST ITEM.

YES.

THE LAST ITEM WAS APPROVED BY THE RE SO THIS ONE WAS A REZONING.

WE DID MOST OF THE MACRO WORK AS FAR AS OUR RECOMMENDATION TO TOWN BOARD ON THE REZONING.

SO NOW WE'RE INTO THE, THE DETAILS OF THE SITE.

SO THIS WAS REZONED WAS YOU HAVE A SPIEL.

YEAH.

YEAH.

AND I, AND I CAN, UH, GOOD EVENING.

MEMBERS OF THE BOARD ON TIM CROWLEY WITH PARK GROVE AND JOINED COAL OVER OFF THE PASS ROW.

THERE'S CIVIL ENGINEER ON THE PROJECT.

UM, I, WHAT I'VE PASSED OUT EARLIER, I JUST WANNA GIVE A, UH, AN OVERVIEW OF THE PROCESS THAT, THAT THIS PROJECT HAS TAKEN.

YOU KNOW, THIS IS THE PROJECT THAT PLANNING FOR HAS , UM, IT'S PROCESS OF OVER A YEAR NOW, I THINK.

UM, AND, AND THROUGHOUT THIS PROCESS, WE'VE MET WITH STAFF, UH, THE PLANNING BOARD, UH, TOWN BOARD ON THIS PROJECT.

UH, WE WORKED, UH, TO INCORPORATE FEEDBACK FROM THE BOARD, THE BEST WE CAN ON OUR PROJECT.

UM, THE LAST MEETING THAT WE HAD WITH YOU GUYS, I BELIEVE WAS FEBRUARY FOR SCHEDULED PLAN REVIEW.

AND REALLY OUR GOAL OUT OF THAT MEETING WAS TO GET SOME CLEAR FEEDBACK FROM THE PLANNING BOARD ON WHAT ELEMENTS, UH, OF THIS PROJECT, UH, YOU WOULD LIKE TO SEE INCORPORATED.

UH, AND, UH, THE FEEDBACK AND INPUT THAT WE GOT, UM, YOU KNOW, WAS VERY HELPFUL.

AND I THINK, UH, WE'RE VERY, UH, PLEASED WITH, UH, THE UPDATED SITE PLAN, UH, THAT I'M GONNA, UH, HAVE COLE BRIEFLY WALK YOU THROUGH, AND THEN WE CAN TURN IT OVER, PUT ON YOUR QUESTIONS OR COMMENTS.

ALL RIGHT.

GOOD EVENING EVERYONE.

SO, BACK IN FEBRUARY, UM, WE RECEIVED SOME COMMENTS FROM YOU GUYS, UM, DURING OUR SITE PLAN DIRECTION.

SO FOR ONE THAT WE HAVE SINCE ADDRESSED.

SO FOR ONE, WE NOW PROVIDE A LANDSCAPE

[01:30:01]

BUFFER BETWEEN OUR PROJECT AND THE COMMERCIAL USE ACROSS THE STREET, WHICH IS THE TRACKER SUPPLY.

WE HAVE INCREASED OUR AMOUNT, OUR AMOUNT OF GREEN SPACE AND RECREATION SPACE.

WE ARE NOW SHOWING 35, 30 5,400 SQUARE FEET OF DEDICATED REC SPACE, WHICH SATISFIES THE 35,000 SQUARE FOOT REQUIREMENT.

WITHIN THAT REC SPACE, WE NOW INCLUDE AN AREA DEDICATED FOR A PROPOSED COMMUNITY GARDEN AS REQUESTED.

YEAH.

AND I JUST TO PIGGYBACK OFF OFF WHAT KOHL'S, UH, I THINK THE LAST PLAN YOU GUYS WOULD'VE LOOKED AT HAD PROBABLY A LESS GREEN RECREATIONAL SPACE.

UM, WHAT WE'VE DONE IS, NICOLE CAN SPEAK TO THIS, WE'VE SHIFTED THE BUILDINGS IN THE CLUBHOUSE TO ALLOW FOR MORE GREEN SPACE AND PROVIDE SOME LANDSCAPE AREA.

UM, ONE SPECIFIC AD THAT WAS REQUESTED BY THE BOARD WAS A GARDEN.

UM, WE'VE INCORPORATED THAT.

UM, AND ALSO THERE'S A PLAYGROUND AREA AND THE, THE CLUBHOUSE LOCATION HAS SHIFTED DOWN A BIT.

SO IT DOES PROVIDE A LITTLE BIT MORE PROFFER ALONG WITH THE INCREASED LANDSCAPE PLAN THAT'S SHOWN HERE.

SO WE'VE ALSO, ANOTHER ONE OF THE COMMENTS WE RECEIVED WAS THE RECOMMENDATION THAT WE PROVIDE AN EXERCISE TRAIL, WHICH WE BELIEVE THAT WE HAVE FULFILLED THE NEED FOR THAT THROUGH THE USE OF SIDEWALKS THROUGHOUT THE SITE.

UM, THIS INTERNAL PEDESTRIAN LOOP HERE IS ABOUT A QUARTER MILE LONG.

NONE.

THE OUTERMOST LOOP, WHICH INCLUDES THE FRONT END SIDEWALK ALONG OUR PROPERTY, IS ABOUT A THIRD OF A MILE LONG.

AND THE BENEFIT OF HAVING, OF UTILIZING THE SIDEWALK IN FRONT OF THE BUILDINGS AS OPPOSED TO HAVING A SEPARATE TRAIL IN THE REAR OF THE BUILDINGS, IS THAT THE PATHWAY MAINTAINS WELL LIT.

AND WE ALSO GET TO STAY OUT OF THE DRAINAGE SWAS THAT WE UTILIZE IN THE REAR OF THE BUILDINGS TO HELP CONVEY STORM WATER TO THE PONDS.

ANOTHER ONE OF THE COMMENTS WE RECEIVED WAS THAT WE LOOK INTO POTENTIAL CONNECTION TO THE SCHOOL ON THE WEST SIDE OF OUR PROPERTY, WHICH WE INTENDED TO COMPLY WITH.

HOWEVER, THIS, THE EXISTING 60 FOOT EASEMENT THAT SEPARATES THE SCHOOL FROM OUR PROPERTY, UM, WE, WE ARE NOT ALLOWED TO PROVIDE ANY IMPROVEMENTS OR ENCUMBRANCES TO IT.

WE'VE HAD CONVERSATIONS WITH THE SCHOOL DISTRICT AND THEY EXPRESSED THAT THEY WANT US TO, UM, LEAVE THE AREA UNTOUCHED.

WE, WHICH WE INTEND TO RESPECT.

YEAH.

SO JUST ON THAT, THAT EASEMENT DOESN'T ALLOW FOR ANY FINANCING.

SO WE COULDN'T FINANCE OUR PROJECT IF THAT WAS INCLUDED.

UM, SO WHAT WE'VE DONE IS, UM, WE'VE PRESERVED THE RIGHT OF THE, THE EASEMENT HOLDER, UM, AND WHAT I THINK IT'S DONE, IT'S CREATED MORE GREEN SPACE ON OUR END BECAUSE WE WERE ABLE TO SHIP BUILDINGS AND CREATE THIS MORE CENTRAL LOCATION, UH, FOR, UH, FOR RESIDENTS TO USE USE.

AND THE, THE SIDEWALK, THE FRONT END SIDEWALK ALSO ALLOWS FOR PEDESTRIANS TO GET RIGHT TO THE EDGE OF THE SCHOOL ANYWAY.

THE FRONT END SIDEWALK ALSO ALLOWS FOR CONNECTIONS TO THE ADJACENT PARCEL OR FUTURE DEVELOPMENT TO, TO USE, WHICH IS ONE OF THE COMMENTS AS WELL.

ADDITIONAL CHANGES TO THE SITE PLAN INCLUDE, UM, A, A STONE DUST TRAIL THAT WE NOW PROVIDE FOR STORMWATER MAINTENANCE PURPOSES AS PER AS REQUIRED BY THE DEC, JUST TO HAVE, UM, ACCESS TO THE PONDS OUTLET CONTROL STRUCTURE.

WE ALSO HAVE ADDED ANOTHER EIGHT CUBIC YARD DUMPSTER THAT WE DEEMED NECESSARY.

AND THAT WAS JUST IN ORDER TO REDUCE THE FREQUENCY OF GARBAGE PICKUPS THAT ARE NEEDED.

AND THEN THE FINAL REQUEST FROM FEBRUARY WAS THAT WE PROVIDE JUSTIFICATION AS TO, UM, WHY WE'RE PRO THE AMOUNT OF PARKING SPACES WE'RE PROVIDING.

WE'RE CURRENTLY SHOWING 105 SPACES, WHICH IS 1.5 SPACES PER UNIT, OR 0.75 SPACES PER BED.

AND WE HAD PREVIOUSLY CONDUCTED A, A PARKING ANALYSIS ON FOUR SIMILAR PROJECTS, UM, THAT HAVE ALREADY BEEN BUILT WITH A SIMILAR LINE BASE, SIMILAR TILE BUILDINGS.

AND WE DETERMINED THAT OUR RATIOS FOR SPACES TO BEDS AND SPACES TO UNITS ARE VERY COMPARABLE TO THE EXISTING DEVELOPMENTS THAT WERE STUDIED.

NONE OF WHICH HAVE ANY, ANY PARKING ISSUES WHATSOEVER.

UM, THAT IS HOW WE ADDRESSED ALL THE COMMENTS FROM FEBRUARY.

AND YEAH, THE RENDERINGS AS WELL.

THE BUILDING ELEVATIONS.

SO THESE ARE THE BUILDING ELEVATIONS.

I I'M SURE THE BOARD HAS SEEN THESE, SPOKE THE BOARD.

UM, ONE OF THE COMMENTS THAT WAS RAISED WAS, UM, THE, A ARCHITECTURE, THE ARCHITECT'S PREVIOUS WORK, AND YOU KNOW, HOW WE KIND OF COME UP WITH THIS D UM, I, I'M GONNA PLEASE PASS OUT ANOTHER QUICK, UM, PAMPHLET ON, UH, SOME OF THE WORK THAT HE'S DONE.

AND WHAT WE'VE DONE IS, THE

[01:35:01]

FIRST SLIDE IS A, UH, PROJECT THAT HE DEVELOPED THAT HE DESIGNED, UH, DANNY, DANNY SANDERS, SCHENECTADY.

UM, THOSE BUILDINGS THAT ARE SHOWN ARE EIGHT, 10, AND 12 UNIT BUILDINGS.

UM, AND WHAT WE WANTED HERE WAS, YOU KNOW, A A A SIMILAR LOOK, BUT PROBABLY WITH A LITTLE BIT MORE UP TO THE BUILDINGS, UH, YOU CAN SEE SOME OF THE AREAS THEY'RE STEPPED OUT AND THEY HAVE, UM, THIS STONE WATER TABLE AND THERE'S A LITTLE BIT MORE ACTION WITH THE ROOMS EAVES.

UM, SO WHAT, WHAT WE DID AND WHAT WE ASKED THEM TO DO IS, UH, WE RECENTLY BUILT A PROJECT, UH, IN HENRIETTA, NEW YORK.

UM, SIMILAR, SIMILAR, IT'S A 10 UNIT BUILDING TO WHAT WE'RE, WE'RE GOING FOR HERE, BUT IT HAD A LITTLE BIT MORE, UH, I'D SAY A LITTLE BIT MORE ARCHITECTURALLY PLEASING ON THE EYES INSTEAD OF JUST A FLAT FACADE BUILDING.

UM, SO WHAT WE DID IS SAY WE TOLD HIM, HEY, DANNY, HERE, WE LIKE THIS PROJECT, OR WE LIKE THIS, THIS DESIGN LET'S, YOU KNOW, MAKE IT POP A LITTLE BIT MORE.

I'M, I'M NOT AN ARCHITECT, SO I CAN'T SPEAK TO THE DETAILS, BUT THAT'S KIND OF THE DIRECTION WE GAVE HIM.

AND I'M HAPPY WITH THE DESIGN.

DO YOU HAVE A COPY OF THAT FOR THE FILE? YEAH, THAT'S THE HOW DO THE, UH, HOW DO THE TENANTS GET THEIR GARBAGE FROM THE BUILDING TO THE DUMPSTER? THE TENANTS WILL MOVE THE GARBAGE FROM THEIR UNIT TO THE DUMPSTER, AND THEN WE'LL HAVE A PRIVATE HAULER COME IN.

SO WHAT ARE THEY GONNA DO IN THE WINTER WHEN THAT'S A, AN AWFUL LONG WALK WITH TWO FEET OF SNOW? WE'LL, WE'LL HAVE THE, THE SIDEWAYS SHOVELED.

UM, WE HAVE A PROPERTY IN TOWANDA THAT'S SIMILAR SIZE, 70, 80, THAT'S ACTUALLY 80 UNITS THAT SOME OF THESE TENANTS HAVE A, A WALK IN.

UM, IT'S, IT'S NOT UNCOMMON.

WELL, I'M A SENIOR AND I DON'T KNOW IF I'D WANNA WANT THAT IN THE WINTER TIME WITH THE ICY SIDEWALKS.

IS THERE ANY WAY YOU COULD, AND A LOT OF 'EM ARE OUT HERE AND THEY HAVE TRUCKS RUN BY AND YOU, YOU PUT IT OUT THERE AND THROW IN A PICKUP TRUCK, THEN THEY TAKE IT TO THE, UH, TO THE DUMPSTER.

YEAH, WE CAN, WE CAN CERTAINLY LOOK INTO THAT.

YEAH.

I, YOU KNOW, WELL, NO, YOU'RE RIGHT.

YOU KNOW.

YEP.

THIS WAS FLORIDA.

YOU NO PROBLEM.

SO ARE THE DUMPSTERS BY THE, THERE'S ONLY ONE SET OF DUMPSTERS, SO THERE'S EIGHT SEPARATE, WELL, THERE'S TWO, TWO DUMPSTERS FOR TRASH AND THEN A THIRD ONE FOR RECYCLING.

UM, EACH OF 'EM EIGHT, EIGHT CUBIC YARDS, WHICH WE DEEMED WAS AMPLE.

AND THEY'RE LOCATED WHERE? RIGHT AT THE YEAH, I HAVE TO AGREE WITH DENNIS.

THAT'S A LONG WALK.

ESPECIALLY WHEN AFTER THE WINTER THAT THE WINTER THAT WE HAD THIS YEAR.

WHO, WHERES THE, YOU SAID EASEMENT BUFFER WITHIN THE SCHOOL? IS THAT WHERE THE TREE ARE? YES.

MM-HMM .

YOU CAN'T MAKE ANY IMPROVEMENTS, MEANING STRUCTURAL, BUT YOU CAN ADD TREES.

WE'RE NOT ADDING THAT.

THE TREES ARE DOESN'T TREE LINE, THAT'S EXISTING TREE LINE.

OH, IT JUST DOESN'T LOOK.

YEAH.

THE GOOGLE MAP VERSION OF THAT TREE LINE, IF NOT NEARLY AS ROBUST AS YOUR TREE LINE.

THAT'S WHY I WAS CURIOUS.

UM, AND THEN WITHOUT SIDEWALKS ON BAYVIEW, IF THERE'S LIKE, YOU KNOW, LITTLE ONES WHO LIVE HERE, THEY CAN'T GET TO SCHOOL, THEY'RE GONNA HAVE TO THIS WAY, CAN THEY? I DON'T KNOW.

THEY CAN'T REALLY GO THAT WAY EITHER.

AND THEY BE BY THE BASEBALL FIELD BECAUSE THEY END UP JUMPING OUT HERE AND THEY CAN'T GET AROUND TO THE SCHOOL.

WELL, WOULDN'T, UH, WELL, I GUESS IN THE WINTER THAT DOESN'T MEAN ANY GOOD.

YOU COULDN'T ACROSS THE FIELDS.

WELL, THEY CAN'T REALLY CUT ACROSS ANYWAY BECAUSE OF THIS TREELINE, WHICH I WAS JUST CURIOUS ON THE, THERE'S NO WALKABILITY WITHOUT SIDEWALKS ON BAYVIEW, WHICH IS NOT JUST YOUR PARCEL.

THERE'S NO SIDEWALKS ON BAYVIEW, PERIOD.

THERE'S SIDEWALKS ON BAYVIEW ON THE OTHER SIDE OF THE ROAD AND ON THE SIDE OF THE ROAD.

RIGHT.

BUT NOT ON WHENEVER, WE DON'T HAVE ANY PROPOSALS FOR PARCEL TWO ON.

RIGHT.

MR. BURKE HERE TODAY.

DO YOU HAVE A POTENTIAL PERSON FOR PARCEL NUMBER TWO? THE, THE ONE THAT'S NEXT TO HERE? DO WE HAVE, WE DON'T HAVE A PROPOSAL YET ON THIS PROPERTY, RIGHT? WE WE DO NOT.

OKAY.

[01:40:01]

WE DO NOT.

THE FIBER WAS JUST DISCUSSING WHEN THAT GETS DEVELOPED, THEY'RE GONNA HAVE TO PUT THE SIDEWALKS IN ON BAYVIEW ON THAT SIDE.

PARCEL TWO.

YES.

YEAH.

THE, BUT THE PARCEL THAT'S FRONTING ALONG BAYVIEW, IS THAT PARCEL TWO? YEAH.

UH, YEAH.

YEAH.

WE WOULD NEED SIDEWALKS ON RILEY, ON BAYVIEW.

YEAH.

WELL, WELL, I BELIEVE AS A PART OF THE, THE PLANT, THE REZONE, AND CORRECT ME IF I'M WRONG, THE SIDEWALKS ARE, ARE COMING ALONG THE SECOND PARTIAL, UM, OH, IT'S A CONDITION OF THE REZONING.

THAT MAKES SENSE.

OKAY.

I BELIEVE SO.

WAS IT A CONDITION BY THAT'S, THAT'S FINE.

YEAH.

E EITHER WAY IT MAKES SENSE THAT WE MASTER THAT RILEY.

MM-HMM .

NOT BAYVIEW RILEY.

NOT BAYVIEW.

CORRECT.

RILEY.

AND MY ASSUMPTION HAS BEEN ULTIMATELY PROBABLY BAYVIEW BECAUSE WE JUST HAD THEM PUT SIDEWALK, THAT PROJECT HAD TO PUT SIDEWALKS ON BAY, A BAY VIEW.

MM-HMM .

UM, THE 7 1 6 STORAGE.

RIGHT? YEAH.

YEAH.

AND I, AND I AM NOT CERTAIN IF THERE'S SIDEWALK RIGHT.

COMMERCIAL AS WELL.

I GET, NOT THIS TIME DOESN'T HELP YOU, BUT THAT IS AN IMPLEMENTATION ACTION.

I KNOW THE TOWN BOARD'S VERY INTERESTED IN DOING A TOWN WIDE SIDEWALK STUDY AND PUTTING A PLAN TOGETHER.

SO IT'S NOT DONE HAPHAZARDLY, YOU KNOW, WE HAVE PLANNED, BUT BAYVIEW HAS SIDEWALKS ON ONE SIDE AND WE WANT IT ON THE OTHER SIDE ALSO.

AND I SUGGEST THAT WE'LL LOOK AT THAT WHEN WE KNOW WHAT'S GOING ON.

PARCEL TWO.

SURE.

YEP.

THAT'S WHY I ASKED IF YOU KNEW I WAS GOING THERE.

YEAH, YOU COULD TALK ABOUT IT NOW.

NO, NO, NO, NO.

YEAH.

AND WE HAVE, THE POWER WALL REQUIRES YOU WHEN YOU DEVELOP TO PUT SIDEWALKS ALONG ON THE FRONT THERE.

SO THAT'LL HAVE TO BE CONSIDERED WHEN WE GET TO THAT POINT.

HOPEFULLY THE TOWN WILL HAVE MORE GUIDANCE ON THE OVERALL PLAN FOR SIDEWALKS AND AREAS.

SOME PLACES WILL HAVE SIDEWALKS ON BOTH SIDES OF THE STREET.

SOME PLACES WILL HAVE SIDEWALKS ON ONE SIDE OF THE STREET.

IT'S ALL UP TO THAT PLAN AND HOW YOU WANNA DO THAT.

AND, AND THE SCHOOL BUSES ARE GONNA PICK THE KIDS UP ON RIDE, IS THAT CORRECT? THEY'RE, THEY'RE NOT GONNA GO INTO THE DEVELOPMENT.

I, I'M, I DON'T KNOW.

I I'D HAVE TO LOOK INTO THAT.

YEAH.

THE FLOW OF THAT.

YEAH.

AND, AND SEE IF NOT IF, IF THEY PLAN ON PUTTING, UH, A SHELTER.

OKAY.

SO THAT IN THE WINTER THEY'RE NOT GETTING FIRED.

YEAH.

BECAUSE TYPICALLY BUSES WON'T GO INTO DEVELOPMENT.

THIS'LL STOP OUT THE HIGHWAY.

WE'LL HAVE A BUS BUS OUT OF THERE FOR GO.

IT'S THAT SIDEWALK THAT COMES OFF OF BUILDING FIVE.

MM-HMM.

MM-HMM .

NO TREES THERE.

JUST A SHOWER.

YEAH.

AND, AND WE CAN LOOK INTO THAT.

I, I'LL SPEAK WITH AND, AND COLE, UNLESS I'M INCORRECT, I CAN SPEAK WITH OUR OTHER CIVIL ENGINEER.

IF THESE WERE DESIGNED SO THAT IN MIND SCHOOL BUSES GOING THROUGH AND THEM POTENTIALLY PICKING UP CHILDREN AT THE COMMUNITY, THE COMMUNITY BUILDING IN FRONT OF THE COMMUNITY BUILDING, THEY HAVE A LOOP.

OH, OKAY.

SO YEAH.

MEAN IT LOOKS LIKE A SCHOOL BUS COULD GET THROUGH.

THE QUESTION IS, AS THE SCHOOL BUS GOING TO CONTACT FRONTIER SCHOOLS, THEY WILL TELL YOU THE PLAN THAT THEY HAVE AND WHAT THEY WOULD LIKE TO SEE FROM THE STANDPOINT OF A BUS.

YEAH, IT, YEAH, IT DEFINITELY LOOKS BIG ENOUGH THAT IN INVEST COULD GET THROUGH THERE.

BUT THE QUESTION IS WHETHER OR NOT THEY'RE GONNA DRIVE INTO THERE OR PICK THEM UP AT THE END OFF RILEY.

BUT YEAH, I GUESS THE KIDS COULD WAIT INSIDE THE CLUBHOUSE AND THEY DON'T HAVE TO BUILD ANYTHING ADDITIONAL.

AND THERE MIGHT BE HEATER TOO.

YEAH, THERE WILL BE .

SO THAT MIGHT BE A LOT MORE COMFORTABLE THAN YEAH, BUS.

YEAH, YEAH, YEAH.

I DIDN'T THINK SOME WASTE CLUB HOUSE I HAD TO GET ON THE BEACH.

YEAH.

DID YOU WALK UP HILL BOTH WAYS? YEAH, WE DID BECAUSE THERE WAS A HILL IN BETWEEN.

SO I HAD TO GO OVER THE HILL AND THEN BACK DOWN.

AND THEN WHEN I GOT OFF AND THE SNOW BAREFOOT WAS THIS REALLY MEAN DOG.

CHASE US TOO.

JUST FOR THE RECORD.

I, WE, IT IS BEFORE THAT AL HAS AN AFFORDABLE HOUSING LAW, MINIMUM OF IT HAS TO BE 10% AFFORDABLE HOUSING.

I THINK THIS IS ALL AFFORDABLE HOUSING.

.

DO YOU KNOW BY CHANCE WHERE THE, UH, PUBLIC TRANSPORTATION BUS STOP IS? I BELIEVE THERE IS.

SO NFTA RIGHT OFF OF UH, BAYVIEW, IT'S, IT'S LESS THAN A QUARTER MILE IN THIS VICINITY.

I DON'T KNOW THE EXACT LOCATION.

SIDEWALK ALLY BETWEEN BAYVIEW AND SOUTHWESTERN.

YEAH.

[01:45:01]

WE NEED A PUBLIC HEARING FOR THE REZONING.

YOU NEED A PUBLIC HEARING FOR THE SITE PLAN.

RIGHT? I MEAN THIS IS, WE GOT A LOT OF STUFF ON HERE.

I THINK WE CAN SCHEDULE THAT.

DOES ANYBODY HAVE ANY PROBLEMS WITH THAT? ALRIGHT, UM, WE HAVE A PART.

NO.

SO WE DID SEEKER UNDER THE REZONING.

WELL WE, WE ARE CHECKING INTO THAT FINDINGS STATEMENT BECAUSE THE FULLY AF THEY FILLED OUT FOR THE REZONING AND THE INCLUDED THE REZONING AND THE DEVELOPMENT OF 70 UNITS THERE.

SO SEEKER MAY BE DONE, I'M CHECKING WITH THE PANEL BOARD.

I DID NOT DO THOSE RESOLUTION MAKING SURE THEY UNDERSTOOD THEY WERE ISSUING A SEEKER NEGATIVE DECLARATION FOR THE WHOLE PROJECT BECAUSE WE REZONING.

SO, SO WAIT, NO, IT'S A POSITIVE FINDING STATEMENT.

THEY DID, THEY DID A SEPARATE NEGATIVE DECLARATION.

OKAY.

OR BECAUSE IT WAS TOTALLY DIFFERENT THAN WHAT WAS ORIGINALLY CLOSED.

THE DI OKAY, SO WE HAVE MOVED AWAY FROM THE, FOR THIS PART OF THE SITE? YES.

FOR THIS PART OF IT'S TOTALLY DIFFERENT.

TOTALLY DIFFERENT.

OKAY.

IT'S NOT THE BUSINESS THAT'S NOT THE, THE THE OKAY.

RELATED AN INDIVIDUAL SEEKER.

AND YOU'RE CONFIRMING WHETHER OR NOT WE HAVE TO RIGHT.

HAVE TO CONFIRM THE, BUT WE DON'T NEED TO DO A POSITIVE, WE DON'T NEED TO DO ANYTHING WITH THE FIVE.

THEY DON'T DO ANY SEEKER IF THEY DID SEEKER ON THE REZONING AND THE DEVELOPMENT OF A 70 UNIT APARTMENT COMPLEX.

SO I WILL CHECK AND MAKE SURE THAT'S WHAT THEY UNDERSTOOD THEY WERE DOING.

RIGHT.

AND THAT'S, I MEAN I THINK THAT IS WHAT THEY DID, BUT RIGHT.

IF THEY DID DO THAT, THAT WAS THEIR UNDERSTANDING THEN OBVIOUSLY YOU'LL DO SEEKER.

I WOULD DO IT AS A SEPARATE, SEPARATE NEGATIVE DECLARATION.

I CAN'T SAY IT'S PART OF THE BUSINESS MARKET.

RIGHT.

COMPLETELY AND TOTALLY DIFFERENT THAN THE BUSINESS PARK.

RIGHT.

UM, BUT EITHER WAY WE COULD HAVE A PUBLIC HEARING ON MAY 17TH.

NO.

17TH.

YEAH, WE TEND MAY 17TH.

'CAUSE THE A*****E PLAN'S NOT GONNA BE ON THAT ONE MAY 3RD, SO I DON'T HAVE TO LOOK THE CALENDAR.

ALRIGHT, SO I'M GONNA MAKE A MOTION TO SCHEDULE A PUBLIC HEARING FOR PARK GROVE REALTY ON MAY 17TH.

SECOND.

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

ALL IN FAVOR? AYE.

AYE.

MOTION CARRIED.

AND, UH, DENNIS WAS, WAS JUST GOING FOR THE RECORD.

DENNIS WAS NOT PRESENT WHEN WE DID THAT MOTION.

UM, ALSO, I'M SURE BACK REAL QUICK, WHEN YOU PROVIDE US UPDATED LIKE ACTUAL SITE PLANS, I'M ASSUMING THAT THIS STORM WATER MANAGEMENT AREA THAT LOOKS LIKE IT'S RIGHT ON THE ACTUAL PROPERTY LINE IS NOT ENCOURAGING ON THAT ADJACENT PROPERTY, RIGHT? OH, IT'S NOT.

YEAH.

OKAY.

JUST LOOKS, SOME OF THE STUFF JUST LOOKS LIKE IT.

THREE GETS A LITTLE, THOSE ARE TOUGH BECAUSE THEY PROVIDE SOME MORE, YOU KNOW, CLARITY AND BETTER VIEW OF WHAT WE'RE DOING, BUT AT THE SAME TIME THEY NOT ALWAYS AT SCALE.

YEAH.

AND YOU CAN ALSO THEN PROVIDE US THE CAL VERSION OF THIS WITHOUT THE, SO THAT WE CAN SEE WHERE LINES ARE, RIGHT? YEAH.

ALRIGHT, NEXT ITEM ON THE AGENDA IS, THANK YOU.

THANK YOU.

HUTTON STREET 21 LLC REQUESTING A SPECIAL USE PERMIT THANK FOR AND A SITE PLAN APPROVAL OF A CAR WASH FACILITY TO BE LOCATED AT 5 3 6 SOUTHWESTERN BOULEVARD.

SO LAST TIME THEY WERE HERE WE HAD A PUBLIC HEARING.

WE DID HAVE SOME INPUT FROM THE PUBLIC BILL.

YES.

JUST AN ANNOUNCEMENT THEN IS HERE.

THE, THE UH, ITEM, THE DATA ITEM ON THERE IS GONNA BE TABLED.

YEP.

THEY ASKED THE TABLE, THEY HAVE NO NEW INFORMATION.

RIGHT.

SO, SO IF ANYBODY'S HERE FOR ITEM FIVE ON THE AGENDA, THAT HAS BEEN DATA DEVELOPMENT LLC REQUESTING SITE PLAN DIRECTION ON A MIXED USE DEVELOPMENT TO BE LOCATED IN SOUTHWESTERN ROGERS THAT HAS BEEN TABLED.

SO BACK TO, UH, PUT STREET 21.

GOOD EVENING.

CAN YOU INTRODUCE YOURSELVES FOR THE RECORD AS WELL? MY NAME'S JASON AKOSH.

I'M A CIVIL ENGINEER WITH, SO FIELD ENGINEERING AND DESIGN.

FRANK AVI AT THE LAW FIRM IN PARIS BEACH.

SO THIS IS THE PROPOSED MOD WASH, CAR WASH LOCATED AT 53 63 SOUTHWESTERN BOULEVARD.

UM, WE PREVIOUSLY MET IN MARCH, UM, WHERE WE HAD THE PUBLIC HEARING ON THIS AND JUST WANT TO GO THROUGH SOME OF THE CHANGES WE MADE SINCE THEN.

THERE HAVE BEEN NO CHANGES TO THE ACTUAL SITE PLAN LAYOUT, THE DESIGN OF THE CAR WASH.

UM, BUT WE DID PROVIDE EVEN MORE LANDSCAPE BUFFERING ALONG THESE SOUTHERN AND WESTERN LEAF PROPERTY LINES.

UM, YOU NOW SEE AT LEAST TWO FULL ROWS OF EV UM, OF EVERGREENS BEING PROVIDED THERE.

UM, AS WELL WE, WE ADDED IN ONE MORE STREET TREE ALONG SOUTHWESTERN BOULEVARD AND THEN WE ADDED IN SOME MORE SHRUBS IN THE

[01:50:01]

LANDSCAPING ISLAND BETWEEN THE PARKING ROW HERE.

AND THEN I'M GOING TO TURN TO SOME RENDERING THAT NOTIFICATION.

SO WE PUT TOGETHER SOME RENDERINGS THAT SHOW MORE OF A REALISTIC VIEW OF WHAT'S HAPPENING.

UM, IN ADDITION TO THE LANDSCAPE BUFFERING WE'RE PROVIDING, THERE'S ALSO RETAINING WALLS AND CHANGE TO PRIVACY ON SITE.

SO IF YOU SEE FOR THIS FIRST VIEW HERE, THIS IS ALONG SOUTHWESTERN BOULEVARD, YOU CAN SEE THE EXISTING RESIDENTIAL HOME TO THE WEST OF US, UM, FACING OUR CAR WASH, YOU CAN SEE THERE'S A CHAIN OF GRADE, UM, ALONG THE WEST, ALONG THE RESIDENTIAL PROPERTY WHERE THEY SIT HIGHER.

THERE'S ONE ROW OF EVERGREEN TREES HERE FOLLOWED BY A RETAINING WALL AND THEN ANOTHER ROW OF EVERGREEN TREES IN FRONT OF THAT.

THE VIEW FORWARD HERE THAT YOU SEE IS TO THE SOUTH.

THIS JUST SHOWS THE FULL LANDSCAPING BUFFERING THAT YOU'LL BE SEEING FROM THOSE RESIDENTS.

AND THEN AGAIN, WE JUST PUT TOGETHER SOME MORE VIEWS, UM, WHAT THE SITE'S ACTUALLY GONNA LOOK LIKE.

YOU CAN SEE THE TREES ALONG SOUTHWEST AND BOULEVARD AS WELL AS THE WHOLE CAR WASH ITSELF.

SO THAT'S REALLY THE MAJORITY OF THE CHANGES THAT WE MADE COMING OUT OF LAST MEETING.

UM, JUST DO WANT TO TOUCH ON THE ACTUAL BUILDING ITSELF.

WE DID LOOK INTO CHANGING THE COLOR OF, UM, THE CAR WASH TO MATCH THE MAVIS AND THE WALMART ACROSS THE STREET.

ULTIMATELY IT WAS THE APPLICANT'S DECISION TO STAY WITH THE PREVIOUSLY SUBMITTED ELEVATIONS WITH THE WHITE, THE BLUE AND THE MAGENTA.

UM, AND THAT IS CURRENTLY WHAT THEY WANT TO MOVE FORWARD WITH.

THAT'S CONSISTENT WITH THE CORPORATE BRANDING THEY HAVE THROUGH ALL OUR FACILITIES.

SO THEY WANNA STAY WITH THAT.

DID YOU RECEIVE, WE GOT A LETTER YESTERDAY FROM A A JAY PULLMAN.

I DON'T KNOW IF IF JOSH OR DREW, UH, PROVIDED YOU GUYS WITH A COPY WE OF THAT WE DID NOT RECEIVE THAT DID NOT RECEIVE THAT.

DO YOU HAVE ANY EXTRA COPIES, JOSH? I HAVEN'T TRIED.

SORRY.

THE FIRST ITEM HE MENTIONED IS, AND BY THE HERE, I'LL GIVE A COPY.

UM, JOSH CAN REPORT.

WE ASKED THE BUILDING DEPARTMENT WHO RUNS THE VARIANCES, WHO WAS NOTIFIED TO THE VARIANCES.

THESE ARE THE PEOPLE THEY SAID THEY MAILED TO WITHIN A HUNDRED FEET OF THE SITE.

SO THAT'S THE LIST OF MAILING.

SO, AND AS BILL KNOWS, THERE'S NO NOTIFICATION FOR SPECIAL USE PERMITS.

THE VARIANCE, THAT'S WHO THEY SAID THEY MAILED THE VARIANCE TO, WHICH IS THE TOWN POLICY OF A HUNDRED.

A HUNDRED.

ANY PROPERTY WITHIN A HUNDRED FEET, THEY USE THE TOWN OF DIS.

THEY MAP OUT A HUNDRED FEET AND THEY NOTIFY THOSE, THOSE PEOPLE FOR YOUR RECORDS.

IT IT'S A HUNDRED FEET.

EVEN THOUGH THE SPECIAL USE PERMIT, THEY DOESN'T REQUIRE ANY SPECIFIC NOTIFICATION.

NO, BY LAW, BY STATE LAW AND BY LOCAL LAW.

THIS IS YOUR, THIS IS YOUR COPY.

OH, THANK YOU.

THIS IS THE ONE.

THANK YOU FOR THE BY STATE LAW AND BY LOCAL LAW YOU HAVE TO NOTIFY FOR VARIANCES.

THOSE WERE THE NOTIFICATION, ESPECIALLY USE PERMIT.

WE HAVE A PUBLIC HEARING THAT'S ALL WE'RE REQUIRED TO DO IS HOLD A PUBLIC HEARING.

UM, THAT'S THE LAW.

AGAIN, WE HAVE NOT SEEN THAT LETTER.

RIGHT.

I'VE HAD AN OPPORTUNITY TO LOOK AT IT, BUT WE STAND BY OUR APPLICATION.

WE MEET ALL THE CRITERIA, WE GOT THE SETBACK BY VARIANCES, UH, LET'S ZONING BOARD.

LET'S GO TO THE SETBACK VARIANCE.

YOU KNOW, I KNOW YOU GOT THAT, BUT WE ASKED YOU GUYS IF YOU COULD MOVE OR RECONFIGURE THE BUILDING TO GET AWAY FROM THOSE HOUSES.

YOU KNOW, YOU GOT A LOT OF FEET ON THAT VARIANCE, BUT YOU DIDN'T GIVE US AN INCH ON, ON TRYING TO MOVE IT.

YOU KNOW, I I JUST THINK IT'S A, A REAL IMPOSITION ON THOSE RESIDENTS THERE.

I WOULD NOT WANNA LIVE THERE AND HAVE SOMEBODY GO BUILD THAT.

TO BE HONEST WITH YOU.

IT JUST, AND I DON'T, I I DON'T SEE HOW HONESTLY ANYBODY CAN A BIG OF A VARIANCE.

BUT I I I JUST DON'T LIKE TO BE THAT CLOSE TO THE RESIDENCE.

WELL IT'S A VERY DIFFICULT SITE AS YOU CAN SEE TRYING.

YEAH.

AND WE HAVE SETBACKS ON THE OTHER SIDE OF THE LOT AND UH, WE HAVE ACTUALLY I BELIEVE PUSHED IT A LITTLE BIT FOR YEAH.

AND IN ADDITION WE'VE ADDED QUITE A BIT OF NUMBER, UH, OF TREES.

AND FROM THE ORIGINAL, WHEN, WHEN YOU FIRST CAME WITH THIS PLAN, BEFORE YOU PUT THE PLAN TOGETHER, DID YOU LOOK AT THAT LOT AND REALIZE HOW CLOSE YOU WERE GONNA BE AND AT THAT POINT KNOW YOU WERE GONNA HAVE TO GET LARGE VARIANCE? YES.

SO THIS, REGARDLESS YOU WERE GONNA BUILD IT THERE NO MATTER WHETHER IT FIT.

SEE, I'M A BELIEVER IF YOU'RE GONNA BUILD SOMETHING, YOU MAKE SURE YOU BUILD IN

[01:55:01]

THE LOT THAT YOU GOT.

YOU DON'T GO AND GET A BUNCH OF VARIANCES TO, TO PUT YOUR BUILDING AT THE INCONVENIENCE OF SOMEBODY ELSE.

NOW, THE ORIGINAL PROPOSAL FOR THIS SITE, WHICH WE WE'RE NOT RELATED TO, WAS SHOWING A FAR LARGER, UH, SQUARE FOOTAGE AND ACTUALLY WAS GONNA REQUIRE EVEN MORE VARIANCES THAN THE TWO THAT WE'VE ASKED.

WE RECEIVED.

WELL, THEY NEVER WENT FOR IT.

DID THEY? MAYBE THEY REALIZE THEY WEREN'T GONNA GET THE VARIANCE.

WELL, I THINK THEY REALIZED IT WAS A DIFFICULT LOT WITH, YOU KNOW, CONFIGURATION.

WELL, RIGHT.

AND, AND YOU KNOW, BUT IT IS IN THE COMMERCIAL DISTRICT SO IT HAS WELL THAT DOESN'T MEAN THAT YOU, YOU PUT A A A SQUARE P AROUND.

OH, THAT'S, I THINK WE'VE DONE DO HERE.

I THINK WE'VE DONE AN INCREDIBLE JOB OF TAKING INTO CONSIDERATION THE INPUT FROM THE PLANNING BOARD FROM THE PUBLIC.

I THINK YOU'RE LOOKING AT PRETTY HIGH QUALITY LANDSCAPING PLAN, UH, BUFFERING FOR A CAR WASH.

SO I HAD A, SO I HAVE A QUESTION.

SO ABOUT THE REQUIREMENTS THOUGH ABOUT THE ZONING.

SO THERE'S, THERE'S TWO PIECES.

ONE IS THAT THE ZONING BOARD IS, IS GRANTED A, A SETBACK VARIANCE FROM THE AREA VARIANCE RELATED TO THE SPECIAL THE SITE PLAN REQUIREMENTS.

WE SEPARATELY HAVE A SPECIAL USE PERMIT REQUIREMENT.

AND MY QUESTION I GUESS FOR JENNIFER TO, AS A LAWYER TO GO BACK AND TAKE A LOOK AT AND ISSUE AN OPINION TOSS ON IS WHETHER OR NOT THE ZONING BOARD'S AREA VARIANCE, UM, HOW THAT IN PLACE.

I THINK WE SET A SEPARATE SPECIAL USE PERMIT REQUIREMENT THAT IS IN ADDITION TO AND BEYOND THAT WE NEED TO MEET.

THAT'S SEPARATE FROM WHAT THE ZONING BOARD DECIDED.

SO WE STILL HAVE TO MEET THE SPECIAL USE PERMIT REQUIREMENTS REGARDLESS OF WHAT THE ZBA SAID.

CORRECT.

I'M ALMOST POSITIVE.

I WILL DOUBLE CHECK.

BUT YES, USUALLY THEY ARE TWO SEPARATE AGENTS.

JUST FOR THE RECORD, THEY GAVE THE VARIANCE TO THE 200 FOOT SPECIAL USE PERMIT REQUIREMENT.

THERE IS NO REQUIREMENT AND SITE PLAN FOR A 200 FOOT SETBACK.

CORRECT.

IT'S THE SPECIFIC REQUIREMENT FOR S THEY GRANTED THE VARIANCE TO THE SPECIAL USE PERMIT REQUIREMENT OF 200 FEET.

THAT'S WHAT THEY GRANTED THE VARIANCE FOR.

SO, ALRIGHT, SO THAT CLEARS UP THAT QUESTION.

TELL WHAT THE ZBA DID CINDY, THROUGH THE CHAIR.

GOTTA, YOU GUYS GOTTA JUMP IN.

YEAH, I KNOW.

LET'S DO IT THAT WAY.

.

UM, I CAN APPRECIATE THE, UH, ADDITIONAL SCREENING, BUT IN LIGHT OF WHAT THE, THE, UH, NEIGHBORS HAD TO SAY THE LAST TIME.

AND IN LIGHT OF WHAT THIS BOARD HAS LEARNED ABOUT WHAT IS OUT THERE FOR CARWASHES, THERE'S REFERENCE TO DECIBELS AND THE SOUNDS OF THE DRYERS.

AND, UM, WE'VE LEARNED, I'VE LEARNED THAT THERE ARE ACTUAL DRYERS THAT MAKE VERY LITTLE NOISE, NUMBER ONE.

NUMBER TWO, UM, INSTEAD OF DOING THE, CAN YOU BRING UP THE, SO AND AND CORRECT ME IF I'M WRONG 'CAUSE THERE'S BEEN A LOT OF CAR WASHES, BUT THE IDEA IS TO WASH THE CARS OUTSIDE, SPRAY THEM DOWN, CORRECT.

OR SPRAY EM IN THE BUILDING.

EVERYTHING.

THERE'S NO PRETREATMENT PARDON? PRETREATMENT, PRETREATMENT SPRAY OUT BEFORE THE CAR WASH? NO, EVERYTHING'S INTERNAL OFF.

THERE'S NO PRETREATMENT SPRAY.

THERE'S AND THAT DOOR SHUT AS SOON AS THEY PULL IN.

YEAH.

KIND OF A YEAH, I MEAN IS IT A OR IS IT ALL IT IT'S THEY HAVE TO, IT PULLS IN THAT COMES DOWN AND THEN THEY START SPRAYING.

CORRECT.

THERE'S NO OUTDOOR OUT THERE.

THAT'S NOT THAT THE DOORS FOR THE CAR WASH DOOR OPERATOR, THAT'S NOT, NOT CORRECT.

OH, OKAY.

CORRECT.

EVERYTHING IS, BUT THERE'S NO PRE-TREATMENT SPRAY, NO SPRAY OUTSIDE.

EVERYTHING IS CONTAINED INSIDE THE BUILDING.

YOU CORRECT? THAT'S CORRECT.

WELL, OKAY.

NOT CONTAINED.

'CAUSE THE DOOR'S OPEN, THE DOORS ARE OPEN, IT'S NOT UP.

YEAH.

AND, AND MAKE SURE THEY HEARD THAT THE GENTLEMAN HAS SAID THAT THE DOOR, THERE'S NO DOOR THAT CLOSES, THAT STAYS OPEN.

RIGHT.

OKAY.

BUT THERE'S TWO WALLS AND A CEILING, RIGHT? RIGHT.

CORRECT.

THE FRONT WHERE YOU PULL IN THAT THERE'S NOT, LIKE SOME OF THOSE CAR WASHES HAVE THE DOOR THAT CLOSES.

THIS IS NOT, IF YOU PULL IN AND THE DOOR, THERE'S NO DOOR.

IT IS THE SAME AS THEY SAID, BUT THE OTHER ONE THAT THE DOOR, THAT THAT DOOR STAYS OPEN.

RIGHT.

SO THERE IS LESS CHANCE OF SPRAYING OUTSIDE.

THAT WAS MY ONE CONCERN.

BUT CAN YOU TELL ME ABOUT THE DRYERS? ARE YOU GUYS FAMILIAR WITH THE DRYERS ON THE MARKET THAT HAVE, UH, LESS NOISE AND UM, ARE A LOT QUIETER? YOU'RE REFERRING TO THE, THE DRYERS INSIDE OR THE ACTUAL DRYERS THAT WE'RE PROVIDING FOR THE PARKING? I THINK THE DRYERS ARE PROVIDING FOR THE PARKING.

SO FOR THE PARKING, THEY'RE BOTH AS FAR AWAY FROM THE RESIDENTIAL AS POSSIBLE.

AND I BELIEVE WE WENT THROUGH THIS THE LAST MEETING.

UM, THE TOWN IS A REQUIREMENT FOR AFTER NIGHT HOURS ABOVE A CERTAIN DECIBEL.

UM, AND WE'RE ONLY OPEN EIGHT TO EIGHT AND WE'RE ONLY 65 DECIBELS MAXIMUM AT THE PROPERTY LINE.

AND WE DETERMINED

[02:00:01]

THAT THERE WAS NO, UM, KIND OF IMPACT.

THAT'S NOT MY QUESTION.

YOU DIDN'T HEAR WHAT MY QUESTION WAS.

MY QUESTION IS, IS THERE SOMETHING ON THE MARKET THAT WOULD BE A LOWER DECIBEL, FORGET ABOUT EVERYTHING ELSE IN LIGHT OF WHAT YOU'RE DEALING WITH HERE AND THAT YOU'RE NEXT DOOR TO THESE RESIDENTS.

MY QUESTION IS, IS THERE SOMETHING ON THE MARKET THAT WOULD BE LESS NOISE IN FOR THAT AREA? THAT'S MY QUESTION.

SO WE PROVIDED A SOUND STUDY TO THIS BOARD OKAY.

THAT SHOWED THE DECIBEL LEVELS WERE RELATIVELY LOW.

I DON'T, I CAN'T TELL YOU IF THERE'S SOMETHING ELSE ON THE MARKET AT THIS POINT.

WE CERTAINLY CAN LOOK INTO IT.

OKAY.

I WOULD APPRECIATE THAT IF YOU BUT UNDERSTAND OUR SOUND STUDY, WHICH WAS THE MANUFACTURER'S SOUND STUDY OR THE EQUIPMENT THAT WAS GONNA BE USED AT THE CAR WASH SHOWED A DECIBEL LEVEL THAT WAS NOT EXCESSIVE AS PRETTY CONSISTENT WITH NORMAL ACTIVITY ON A COMMERCIAL STREET SUCH AS SOUTHWEST BOULEVARD.

WELL, I UNDERSTAND, I THOUGHT IT WAS 65 DECIBELS.

IF I'M NOT IS IF I'M NOT MISTAKEN.

ISN'T THAT CORRECT? THAT IS WHAT YOUR REPORT SAID.

I THAT'S CORRECT.

BUT I DON'T RECALL.

BUT WE HAD A REPORT THOUGH I THINK IT SAID IT WAS 65.

AND JUST A POINT OF CLARIFICATION, I THINK THE CODE IS A NUISANCE STANDARD.

IT'S NOT A CERTAIN DES MM-HMM.

SO IT'S ANY SLEEP DISTURBING NOISES.

SO IT'S ACTUALLY A NUISANCE STANDARD.

SO IT'S REALLY ABOUT HOW THE NEIGHBORS ARE GONNA BE IMPACTED.

UM, AND FOR THE MITIGATION MEASURE FOR THE TREES, HOW TALL WILL THE TREES BE WHEN YOU PLANT THEM? ALL OF THEM OR ? I MEAN YOU CAN BALLPARK, YOU CAN WALK ME THROUGH THE DIFFERENCE .

WELL, I UNDERSTAND SOME OF THOSE TREES EXIST RIGHT NOW.

OKAY.

SO WE'RE SUPPLEMENTING BUT EXIST THERE NOW.

OKAY, SO WHAT DOES, WHAT, WHAT'S THE HEIGHT OF THOSE TREES THAT EXIST IN, THEY'RE ALL BETWEEN FIVE AND SIX FEET TALL.

THE EXISTING TREES, THE EXISTING TREES ARE ACTUALLY ALL BEING REMOVED.

THAT'S WHY WE ADDED IN SO MUCH MORE BUFFERING.

WE JUST REMOVED EVERYTHING THAT'S THERE TODAY ALONG THE SOUTHERN AND WESTERN SIDES AND WE'RE JUST COMPLETELY REBUFFING IT ALL.

AND THE SUPPLEMENTAL TREES WILL, YOU'LL BE PLANTING WILL BE FIVE TO SIX FEET AT THE TIME OF PLANTING? CORRECT.

THANKS.

I'M REMAINING.

JOSH, JUST, JUST FOR THE RECORD, JOSH IS LOOKING IT UP.

I HATE TO BE, THEY DID NOT DO A SOUND STUDY.

THEY DID A, A SOUND LEVEL READING, A SOUND STUDY IS VERY DIFFERENT THAN A SOUND LEVEL READING.

THEY TOOK THE EQUIPMENT AND BASICALLY SAID THIS IS WHAT THE EQUIPMENT PRODUCES AND AT 30 FEET IT WILL BE THIS, AT 20 FEET IT'LL BE THIS.

I MEAN A SOUND STUDY IS VERY DIFFERENT.

YOU LOOK AT EXISTING CONDITIONS AND WHATEVER.

I DON'T THINK HE IS LOOKING UP, I DON'T THINK YOU DID IT SOUND STUDY.

YOU DID A BASIC, THIS IS WHAT YOU'RE TALKING ABOUT, RIGHT? THIS IS JUST BASICALLY IT TELL YOU NOT SOUND STUDY.

IT'S BASICALLY TELLS YOU WHAT THE EQUIPMENT GENERATES IN, IN DECIBELS AND THEN WHAT IT IS AT A DISTANCE AWAY SOUNDS FUNNY.

IS VERY DIFFERENT.

SO THIS IS JUST TELLING YOU THIS IS WHAT THE EQUIPMENT MAKES AND WHEN YOU GET A CERTAIN DISTANCE AWAY, IT'S A SIMPLE FORMULA FOR NOISE.

AND ONCE YOU GET A CERTAIN DISTANCE AS YOU GO A CERTAIN DISTANCE AWAY, THE NOISE REDUCES.

AND AND LEVEL, WE DO HAVE THAT AS WELL.

IT SHOWS HAVE ACTUAL CONTOURS OF THE OKAY.

AND THEN PUT THE CONTOURS.

BUT I HAVEN'T SEEN THE ACTUAL SOUND STUDY THAT SAID CONDITIONS AND WHATEVER.

SO THE CONTOUR SHOWED, RIGHT, BUT THIS WAS THE INFORMATION AND THIS WAS BASED UPON, I'M JUST TRYING TO GET INFORMATION ON THE RECORD.

THIS WAS BASED UPON THE VACUUMS. YOU GUYS ARE TALKING ABOUT THE DRYERS, RIGHT? YOU THOUGHT THIS, THIS WAS THE BIG PRODUCER OF NOISE, THE VACUUMS. CORRECT.

EVERYTHING ELSE WAS IN VACUUM.

RIGHT.

SO THIS WAS BASED UPON THE VACUUMS AND NOT THE ACTUAL EQUIPMENT.

SORRY, JUST TO BE CLEAR THOUGH, THE OTHER EQUIPMENT IS EX INSIDE.

BUT WHAT YOU'VE STATED ON THE EARLIER TODAY IS THAT THE DOORS WILL BE OPEN.

SO I AM CONCERNED THAT WE CAN'T BOTH SAY THAT EVERYTHING WILL BE INSIDE, BUT ALSO SAY THAT IT'S GONNA BE OPEN ON BOTH ENDS.

THE DRYERS ARE ON THE OTHER SIDE, DRYERS ARE ON THE OTHER SIDE.

BUT, BUT, BUT I'M SAYING THAT ALL THE OTHER EQUIPMENT WHICH IS CLOSER TO THE ADJACENT RESIDENTIAL PROPERTIES, EVEN THOUGH IT IS INSIDE, IT IS OPEN ON EITHER END.

AND THE, WHAT I THINK IS BECAUSE WE'RE UNDERSTANDING THAT THE BUILDING'S GONNA BE OPEN ON EITHER END, THE RESIDENTS ARE CONCERNED ABOUT SOUND LEVELS AND NUISANCE NOISE LEVELS.

IF THE BUILDING'S GONNA BE OPEN, WE PROBABLY NEED NOT ONLY THE INFORMATION ON THE DRYERS, BUT SOME SORT OF INFORMATION ON THE NOISE LEVELS THAT ARE OCCURRING FROM THE EQUIPMENT THAT IS BEING OPERATED IN A STRUCTURE THAT HAS OPENED ON BOTH ENDS.

RIGHT.

AND THAT'S WHAT THAT, THAT'S THAT, UM, GENERIC SITE THAT WE'RE PROVIDING SHOWS.

IT SHOWS THE NOISE CONTOURS NOT ONLY FROM THE VACUUMING PRODUCERS, BUT SHOWING FROM THE BUILDING AS WELL.

SO WE, AND THAT'S THAT MAX, WE NEED THE FULL WRITEUP AND REPORT AND NOT JUST THE MAP ON HOW THEY CAME TO THOSE CALCULATIONS.

WE NEED THE BACKUP TO SHOW WHAT THE METHODS WERE.

AND AS I SAID AT THE FIRST MEETING, I'M EXTRA SENSITIVE ABOUT NOISE BECAUSE OF THE, THE CAR WASH THAT WAS APPROVED ON SHERIDAN DRIVE AND TO WANDA.

THEY, THEY HAD A STUDY THAT SAID IT WOULDN'T REACH THE SOUND LEVEL.

AND AFTERWARDS IN OPERATION THEY HAD PROBLEMS AND THEY HAD TO GO BACK AND TRY TO MITIGATE THE PROBLEMS BECAUSE THE NOISE LEVELS WERE HIGHER

[02:05:01]

THAN WHAT WAS SHOWN ON THE STUDY.

THINK SENSITIVE ABOUT THE FACT OF THE NEIGHBORS AND NOISE.

I IT SO THE NOISE, ESPECIALLY ON THE SATURDAY MORNING AND SUNDAY MORNING, WHATEVER PEAK TIME, JUST THAT WE WE'RE COMFORTABLE WITH FACT THAT WE'RE COMFORTABLE THAT THE NOISE LEVEL WILL BE WHAT IS STATED AT AT THE BOUNDARIES.

BECAUSE WE HAD A PROBLEM ON IT WAS A LOT HIGHER THAN WHAT THE STUDY SHOWED.

CAN YOU CLARIFY? AND BY THE WAY, YOU GO LOAD A NOISE METER ON YOUR PHONE AND ALL THE RESIDENTS STOOD OUT THERE AND BASICALLY CALLED THE DOWN AND SAID THIS IS WHAT THE NOISE LEVEL IS.

YOU, YOU, CAN YOU TELL US WHEN YOU SENT THAT THING WITH THE MAP? BECAUSE I'M, I'M LOOKING THROUGH MY OLD EMAIL.

IT WAS, IT WAS FOR THE MARCH 15TH.

MARCH 15TH RESUBMISSION.

SO THAT WAS, IT WASN'T OUR LATEST RESUBMISSION.

RIGHT.

SO AGAIN, WE'RE JUST EXTRA SENSITIVE ABOUT IT.

I REALIZE THAT ISSUE.

I THINK THE ISSUE OF OVER SPRAY, WE TALKED ABOUT GOOD QUESTIONS ABOUT THERE BEING ANY OVERSPRAY LEAVING THE BUILDING.

THAT'S PRETTY GOOD.

WE'VE TALKED ABOUT LIGHTING, WE'RE TALKED ABOUT LANDSCAPING.

BUT LLOYD SEEMS TO BE, I THINK, I DON'T WANNA PUT WORDS IN DENNIS' MOUTH OR WHATEVER, BUT IT, IT IS BEEN AN ISSUE OF CONCERN WITH ANY CAR WASH, WITH A OTHER CAR WASH.

WE HAD NO TWO RECEPTORS NEARBY.

THIS HAS RECEPTORS.

THERE'S, THERE'S, THERE'S PEOPLE THAT ARE GOING TO POTENTIALLY HEAR THIS.

THE GOOD PART IS IT WON'T BE, YOU'RE RIGHT.

THE, THE HOT THE MORE SENSITIVE TIME AFTER ENOUGH AFTER AT NIGHT YOU GO TO THE DC MANUAL.

THE, THE, THE NOISE LEVEL ARE MUCH LESS AT NIGHT, BUT YOU'RE NOT GONNA BE OPEN AT NIGHT.

BUT THERE'S STILL THOSE DAYTIME NOISE LEVELS THAT ARE CONSTANT AREAS THAT EXIST.

AND THAT'S THE PROBLEM WITH CARWASH.

IT'S FAIRLY CONSTANT.

IT'S THROUGHOUT THE DAY.

SO AGAIN, YOU'RE ASKING GOOD QUESTION.

WE'LL, WE'LL GET THAT STUDY, MAKE SURE YOU'RE, YOU'RE COMFORTABLE WITH THE NOISE LEVELS.

YEAH.

WE'LL GIVE YOU THE, WE'LL GET THE BACK UP INFORMATION.

BUT I WILL SAY, I'VE JUST LOOKED AT THIS VERY CURSORY, THERE'S A LOT OF MISSTATEMENTS AND ACCURATE STATEMENTS IN THIS LETTER.

WE WOULD ALSO LIKE AN OPPORTUNITY TO RUSH THE RESPONSE.

ABSOLUTELY, YES.

WE JUST HAD, YEAH, WE, WE HANDED OUT TECHNICALLY OUR REQUIREMENTS ARE, UM, ALL, UH, CORRESPONDENCE HAD TO BE IN THE FRIDAY BEFORE THE MEETING WE HANDED IT OUT, BUT IT REALLY CAN'T BE CONSIDERED BECAUSE IT CAME IN AFTER THE DEADLINE DATE OF WHEN IT COULD BE CONSIDERED.

BUT, UM, WE'RE PREPARED TO GET THE INITIAL INFORMATION FOR THANK YOU .

IF THAT'S, YEAH, IF YOU COULD SEND US THAT MAP THAT THE ALREADY HACK.

I'M LOOKING THROUGH MY EMAILS AND THE DOCTOR'S TRYING TO FIND IT RIGHT NOW.

NO, I REMEMBER GETTING THE ONE PICTURE BUT NOT THE MAP.

RIGHT, RIGHT.

YEAH, I DON'T, I REMEMBER, I REMEMBER THE MAP FOR THE LIGHTING BUBBLES.

I DON'T REMEMBER THE MAP FOR THE VOICE DOUBLE.

SO WE CAN GET THAT ONE AND THEN WE CAN, WE WERE ALL LIKE SUPER CLEAR.

SO WE, YOU HAD SAID THAT EVERYTHING IS INTERNAL, BUT THEN YOU HAD MENTIONED THE, I THINK I HEARD YOU SAY PARKING LOT DRYER.

THERE'S, BUT I THOUGHT THERE'S, AND THERE'S VACUUMS IN THE PARKING LOT.

SO CAN YOU JUST DIFFERENTIATE THOSE THREE THINGS AND NO ONE'S CONFUSED.

THOSE ARE THE, THE AMENITY OVERHEAD VACUUMS THAT ARE PROVIDED TO THE CUSTOMERS.

SO WHEN YOU SAY PARKING LOT DRYER, YOU MEAN THE THE VACUUMS? YES.

AND THE ACTUAL DRYERS FOR THE CARS ARE INSIDE BUILDING INSIDE THE BUILDING WITH THE DOORS UP, BUT THE DRYERS ARE AT THE FARTHEST POINT AWAY FROM THE REST.

YEP.

I JUST WANNA MAKE SURE WE UNDERSTOOD CORRECTLY.

WHAT CINDY HAS ASKED IS A BUG WASH SPOT.

SO THERE ARE TWO BUG WASH SPACES.

THEY'RE SHOWN BEFORE THE PAY STATIONS HERE.

UM, THERE'S SOME MICROFIBER TOWELS AND SOME SOLUTION THAT THE CUSTOMERS CAN APPLY ON THEIR, THEIR WINDSHIELD, THEIR BUMPER, UM, TAKE OFF SOME OF THE BIGGER INSECTS THAT CAN BUILD UP BEFORE THEY ACTUALLY GET INTO THE CAR WASH ITSELF.

AND WHERE'S THE, THE BUG STATION? THOSE ARE THE TWO PERPENDICULAR SPACES YOU SEE LOCATED HERE.

SO THAT'S WHAT'S CLOSEST TO THE RESIDENT, RIGHT? CORRECT.

SINCE YOU ARE UM, GONNA BE DOING SOME ADDITIONAL STUDIES, COULD YOU BRING TO US THE LIKE, YOU KNOW, AVERAGE WIND DIRECTION BECAUSE THEN THE WIND COME OFF THE LAKE.

DID YOU SAY SOLUTION? OH, SORRY, I DON'T, NO, THAT WAS IT.

I JUST WOULD LOVE SOME INFORMATION ON LIKE THE, THE AVERAGE WIND DIRECTION IN WIND SPEED.

THANKS.

IS IT LIKE A SPRAY BOTTLE MANUAL OR IS IT A MACHINE? I BELIEVE THERE'S SOME KIND OF CONTAINER.

UM, AS IF YOU WERE GOING TO A GAS STATION, YOU CAN APPLY IT TO YOUR, UM, WIPER BUMPER.

YOU SEE LIKE YOU DIP IT IN AND THEN WIPE IT? EXACTLY.

WHICH NOT A SPRAYER, NOT SPRAY.

OH, I BELIEVE IT EXACTLY.

IF IT IS, IT'S LIKE ONE OF THE MANUAL ONES YOU USE AT HOME WITH WINDOWS.

OH, OKAY.

THAT YOU SPRAY A WINDOW.

I DON'T WORRY ABOUT IT.

IT'S NOT THOUGHT A HOSE.

NO, NO, IT'S NOT A HOSE.

IT'S VERY TECHNICAL TERM.

JUMP BACK LIKE THAT ONE BACK TO THE TREE.

SO THEY'RE FIVE MINUTES.

MAKE SURE SARAH SPILLS IN MINUTES.

SORRY.

SORRY.

UM, JUMP BACK TO THE TREES.

SO THEY'RE FIVE TO SIX FEET TALL UP ON THE PLANTINGS.

UM, I'M JUST CONCERNED IT SEEMS LIKE THE NEIGHBORING LOTS WILL BE AT THE TOP OF THOSE TREES.

DON'T YOU SHOW THE RESUME.

SO

[02:10:01]

WHAT SIZE TREES ARE YOU SHOWING IS THIS FULL MATURE TREE BUILD OUT? BECAUSE THE TREES THAT ARE IN YOUR DRAWING APPEAR TO BE TALLER THAN THE STRUCTURE AND YOUR CAR WASH IS TALLER THAN FIVE TO SIX FEET.

YOU SAID THAT PLANTING NOT FULL MATURITY.

DID.

SO THE RENDERING IS AT FULL MATURITY.

THAT'S WHAT HE HAD SAID.

AT PLANTING THEY'LL BE FIVE TO SIX FEET TALL.

YEP.

THAT'S A RENDERING WHEN THEY ARE FULLY MATURE.

CORRECT.

OKAY.

AT FULL MATURITY, WHAT DO YOU THINK THEY'LL PAY? WILL BE? I I WOULD DEFER TO OUR LANDSCAPE ARCHITECTS.

WE CAN PROVIDE THAT INFORMATION.

WELL AND HOW LONG IT TAKES A WHILE TO GET TO THE .

SO I'M ASKING ARE, ARE THE HOUSES, ARE THE LOTS AT TOP, AT THE TOP OF THE TREES FOR A SIGNIFICANT NUMBER OF YEARS? I THINK THIS TOOK THE YEAR.

SO FOR EXAMPLE, ON THE WESTERN PROPERTY, THIS RESIDENCE, THE TREES ARE PLANTED AT THE SAME GRADE AS THAT RESIDENCE.

OKAY.

AND THEN IT DROPS OFF WHEN IT GETS TO OUR ACTUAL PROPERTY.

SAME BEING SAID ON THE SOUTHERN PORTION.

UM, ALTHOUGH IT IS A LITTLE LESS OF A GRAY DIFFERENCE OVER THERE.

SO THE TREES ARE GONNA COME IN AT FIVE TO SIX FEET.

AT WHAT HEIGHT ELEVATION IS THE LIGHTING THAT IS LOCATED ON THE STRUCTURE AND EXTERIOR LIGHTING? WHAT ELEVATION ARE THOSE AT? THERE'S NO LIGHTING ON THE ACTUAL BUILDING ITSELF.

THERE'S LED LIGHTS ON EACH VACUUM ASSEMBLY.

AND THEN EACH LIGHT ITSELF IS COMPOSED AT, THESE ARE ALL AT 27 FEET CURRENTLY WITH THE ONES FOR EACH VACUUM ASSEMBLY AT 10 FEET, BUT ONLY DURING OPERATING OUT.

BUT DID YOU SAY THE ANTICIPATED MATURE HEIGHT OF THE TREES IS? WELL I'LL HAVE TO GET YOU THAT INFORMATION.

HE'S NOT ON ARBOR.

WE'LL HAVE TO PROVIDE THAT TO HIM.

AND IF YOU GET THE, THE, SO THE UH, TIME FROM PLANTING TO MATURITY WHEN THEY'RE FIVE FEET, HOW LONG BEFORE THEY MATURE TO THEIR 10 OR 12, WHATEVER THEY'RE GONNA BE.

I WILL SAY WE DID HAVE THE, UM, CONSERVATION ADVISORY BOARDS, ARBORISTS PREVIOUSLY GO OUT AND REVIEW THE SITE.

SO THE PLAINS THAT CURRENTLY WE'RE PROPOSING, UM, THE ARBORISTS DIDN'T HAVE ANY COMMENTS ON THOSE PLAINS.

WE HAD JUST BEEN ADDING PLAINS FROM THEM USING THE SAME ONES THAT WE'VE BEEN PROPOSING.

EXCUSE I THINK ONE OF THE CONCERNS YOU WANT.

SURE, YOUR HONOR, I JUST, WE'LL GET THOSE ITEMS. INFORMATION.

OH, THANKS.

I I THINK ONE OF THE BIGGEST CONCERNS WHEN YOU GO OUT AND LOOK AT THE PROPERTY IS THE DROP FROM THE BACK OF YOUR PROPERTY TO THE BACK OF THEIR PROPERTY.

THEY'RE OBVIOUSLY ELEVATED A LOT HIGHER.

SO THAT'S WHY THE LINE OF QUESTIONING AND, AND THE SPECIFICS ABOUT THE TREES, UM, I THINK THAT THERE'S WAYS TO, UM, GET YOUR PROJECT IN THERE AND MAKE THE RESIDENTS SOMEWHAT HAPPIER THAN WHAT THEY ARE.

I MEAN, LIKE THE LADY LAST WEEK, SHE WAS SO SWEET OR TWO WEEKS AGO WHEN SHE SAID MY POOL IS 75 FEET AWAY.

SO OBVIOUSLY SHE DOES HAVE A, A LEGITIMATE CONCERN ABOUT SPRAYING GOING INTO HER POOL OR HER GRANDKIDS BEING OUT THERE.

AND I, AND I UNDERSTAND THAT.

SO THAT'S WHY IT'S IMPORTANT THAT THIS GETS ADDRESSED BECAUSE 75 FEET FROM THE PROPERTY LINE AND YOU'RE, AND YOU'RE LIVING THERE ALL THESE YEARS, THAT'S A BIG CONCERN.

NOW ALL OF A SUDDEN YOU CAN'T USE YOUR POOL.

RIGHT.

AND FROM A TOPOGRAPHIC STANDPOINT THOUGH THOUGH, IF THE PERIMETER IS HIGHER ON BOTH SIDES THAN THE RESIDENCE AND OUR CAR WASH, OUR, OUR WATER IS NEVER MAKING ITS WAY TO THE RESIDENCE AND THERE'S ALSO A WALL THAT'S BEING PROVIDED THERE THAT'S GONNA BE BLOCKING ANY KIND OF RUNOFF GOING THERE.

IT'S ALL BEING SENT INTO OUR ABOVE GROUND BASIN THAT'S BEING PROVIDED IN THE REAR OF THE PROPERTY.

NOTHING WILL MAKE ITS WAY INTO THE RESIDENCES.

UM, AS, AS FAR AS SCREENING GOES THOUGH, RIGHT NOW YOU CAN ACTUALLY SEE THAT POOL WHEN YOU'RE DRIVING PAST AT 70 MILES AN HOUR OR NO, 50 SORRY, .

THE REST HENCE WHY WE PUT TWO ROWS OF OTHER THINGS RIGHT.

BUT TWO, TWO ROWS OF EVERGREENS IS NOT, NOT WHAT I WOULD SAY RISES TO THE LEVEL OF BUFFER.

IT'S A LITTLE BIT OF SCREENING AND THE CONCERN STILL REMAINS EVEN IF THE, THE FLOW AND THE COLLECTION OF ANYTHING THAT'S WATER.

BUT AS YOU'RE SPRAYING, YOU'RE GONNA HAVE AEROSOLIZED MOISTURE AND THERE'S PEOPLE COMPLAINING THAT, YOU KNOW, THERE'S A POOL AND I GUESS THE PREVAILING WIND DIRECTION, IF YOU'RE GONNA HAVE BOTH ENDS OF THE STRUCTURE OPEN AND THINGS ARE BEING SPRAYED, PEOPLE ARE COMING OUT, YOU'VE GOT THE BLOWERS BLOWING ON THE CARS AS THEY'RE COMING

[02:15:01]

OUT.

LIKE THE QUESTION WOULD BE LIKE, IS THERE ANYTHING WE NEED TO BE CONCERNED ABOUT THERE? BECAUSE THE NEIGHBORS DID RAISE AT THE PUBLIC HEARING.

DID THEY HAVE CONCERNS ABOUT THAT? I THINK THAT THE PREP BEING INSIDE AND THE BUG THING NOT BEING SOMETHING PRESSURIZED.

UH, PLUS THE BLOWERS ARE AGAIN ON THE OTHER SIDE OF THE CAR WASH.

THEY'RE NOT ANY, THEY'RE NOT NEAR, UH, BUT THE PROPERTY LINES OF THE RESIDENCES AND AS JASON SAID, THERE IS GONNA BE A BORDER WALL PLACED THERE AS WELL IN ADDITION TO THE TWO PROFIT TREES.

UH, TWO ROWS OF TREES.

CAN I ASK A WHOLLY DIFFERENT LINE OF QUESTIONING THAT MAYBE WE, UM, WENT OVER LAST TIME, BUT I CAN'T REMEMBER IF I CHANGED TOPICS.

WHAT, UM, WHAT'S THE DEPTH TO WATER TABLE UNDER THIS? OFF THE TOP? I, OKAY.

I WOULD.

AND THEN, UM, HOW IS THE WATER COLLECTION AND CONTAINMENT SYSTEM WORKING WITH YOUR CAR WASH AND IS THERE A REUSE? THERE IS THREE RECLAMATION TANKS BEING PROVIDED FOR THE SEWER SERVICE.

UM, THEY REC RECLAIMED ABOUT 60, ABOUT TWO THIRDS AND THREE QUARTERS, UM, OF WATER BEING USED.

WE HAVE GONE THROUGH OUR, UM, PERMITS WITH ERIE COUNTY FOR WATER AND SEWER AS WELL.

UM, AND THEY DIDN'T HAVE ANY ISSUES WITH WHAT WE WERE BEING PROPOSED.

OKAY.

THANK YOU.

I JUST COULDN'T REMEMBER.

SO GET BACK THE DEPTH OF THE WATER TABLE.

I I DON'T HAVE THAT INFORMATION ON.

YOU'LL, YOU'LL PROVIDE IT BACK.

YEP.

BELIEVE IT'S IN THE STORMWATER REPORT THAT'S BEEN, UM, PROVIDED TO THE CITY.

.

I, I JUST ASKED BECAUSE ON THIS SIDE OF THE TOWN, SO TENDS TO BE VERY, VERY HIGH MM-HMM .

AND IT CAN CAUSE PROBLEMS FOR UNDERGROUND TANKS, BUT IF YOU'VE ALREADY BEEN THROUGH THE COUNTY, PRESUMABLY IT'S FINE.

I WOULD JUST LET YOU KNOW THAT MM-HMM .

AND SO IF WE HAVE, IF THE TOWN HAS THAT REPORT, I CAN HAVE JOSH THROUGH SEND IT TO ME.

SO THE, WHEN YOU HAD THE APPROVALS FOR THE WATER AND SEWER, DID THEY, DO YOU HAVE ANY COUNTY LEVEL APPROVALS FOR THE INSTALLATION OF UNDERGROUND TANKS ASSOCIATED WITH THE RECLAMATION SYSTEM? THAT WAS, THAT'S EVERYTHING WAS APPROVED, UM, UNDER THAT, UNDER OUR, UM, APPLICATION.

IS THAT TRUE? LIKE ARE THERE OTHER APPROVALS THAT ARE NEEDED FOR THE UNDERGROUND STORAGE? SO NO, THERE'S NOTHING, JUST WHAT WE WOULD DO.

NO, IT'S PART OF THE SEWER SYSTEM.

IT'S NOT LIKE THEY'RE CONTAINING UH, HAZARD CHEMICALS OR ANYTHING LIKE THAT.

THAT'S COMPLETELY DIFFERENT.

STATE PROGRAM FOR UNDERGROUND PIGS IS PROBABLY WHAT IS TRIGGERING NEW AND NEARBY.

SO YEAH.

YEAH, THAT'S NOT, NO, THERE'S NO REQUIREMENT.

ALRIGHT, SO WE ARE GOT A LIST OF THINGS THAT THE APPLICANT'S GONNA PROVIDE.

UM, ANY OTHER QUESTIONS OR COMMENTS? ALRIGHT, UM, STUCK IN, UM, THIS IS GONNA WORK LOWER, RIGHT? RIGHT.

IT WAS NUMBER FOUR, BUT THE NEXT MEETING OR BOTH MEETINGS IN MAY ARE FULL.

SO, UH, THE NEXT TIME WE GOT A SPACE IS JUNE 7TH.

SO, UH, I'M MAKE A MOTION TO TABLE HUTTON STREET 21 LLC TO JUNE 7TH SECOND.

SO THAT'S A MOTION BY BILL, SECOND BY CINDY.

ALL IN FAVOR A AYE, AYE.

MOTION CARRIE.

ALL RIGHT.

SO WE'LL SEE YOU BACK ON THE SEVENTH.

MOVE ON.

WE DO, UM, AS I SAID EARLIER, NUMBER FIVE IS ASKED TO BE TABLED.

UH, ITEM NUMBER SIX, REFERRAL OF THE TOWN BOARD INDUSTRIAL REZONINGS FOR RECOMMENDATION AND REPORTS TO THE TOWN BOARD.

UM, SO WE GOT A FEW DIFFERENT MAPS.

UM, I'M GONNA CONFESS THAT I HAVEN'T LOOKED AT IT YET TILL TODAY.

UM, A QUICK SYNOPSIS BILL.

YEAH, DO A QUICK SYNOPSIS.

I MEAN, SOME OF 'EM LOOK PRETTY SIMPLE, RIGHT? AND SOME OF 'EM LOOK A LITTLE BIT MORE COMPLICATED.

SO, UM, I'LL GO, I THINK THE ORDER THAT THEY'RE IN, UH, I KNOW WHAT ORDER YOU HAVE THEM THERE.

I MIXED THEM UP OR ALREADY YOU MIXED THEM UP.

[02:20:01]

I'M GONNA DO, I'M GONNA DO THE FIRST MINOR ORDER OF DIFFICULTY, RIGHT? I'M GONNA DO THE QUOTE UNQUOTE EASY ONE FIRST.

IT MAY NOT BE, FIRST OF ALL, THE COMPREHENSIVE PLAN.

WE'RE BEGINNING THE IMPLEMENTATION OF THE COMPREHENSIVE PLAN.

THE CONFERENCE PLAN WAS ADOPTED AT THE BEGINNING OF THE YEAR.

WE ACTUALLY STARTED THE, THE IMPLEMENTATION AT THE END OF LAST YEAR.

ONE OF THE BIG ITEMS WAS MIXED ZONE INDUSTRIAL PROPERTIES.

WE HAVE VERY IMPORTANT INDUSTRIAL PROPERTIES IN THE TOWN AND WE HAVE OLDER INDUSTRIAL PROPERTIES THAT SHOULD HAVE NEVER BEEN RE SHOULD EITHER THE AREA HAS CHANGED OR THEY NEVER SHOULD HAVE BEEN INDUSTRIAL IN THE FIRST PLACE.

UM, FOR EXAMPLE, UM, WHAT HAS CHANGED? THE, THE FIRST ONE I HAVE HERE IS CAMP ROAD AND SLES ROAD.

THERE'S INDUSTRIAL LAND THERE.

UH, THE HISTORY OF IT.

BENDERSON PROPOSED A SMALL INDUSTRIAL PARK MANY, MANY YEARS AGO, BUT HAS BEEN SOLD OVER THE YEARS TO, FOR EXAMPLE, FEED MORE WESTERN NEW YORK NOW OWNS A PIECE IN THE BACK.

THERE'S SOME OTHER SMALL BUSINESSES UP FRONT.

IT'S REALLY NOT AN INDUSTRIAL PARK ANYMORE.

WE DON'T WANNA SEND THE, THE IMPLICATIONS THAT THIS INDICATION THAT THIS WOULD EVER BE AN INDUSTRIAL PARK IN A FEW IN THE PAST.

SO WE THOUGHT THIS WAS A NO-BRAINER, THAT IT'S AN OLD INDUSTRIAL AREA, NEEDS TO BE REZONED TO C TWO.

AND WE WANNA NOTE THAT THE GREEN AREA WHILE ZONED RA, THAT IS ACTUALLY A CEMETERY.

CEMETERY THAT IT'S A CEMETERY, IT'S NOT A RESIDENTIAL USE.

RIGHT.

AND WHAT'S SOUTH OF HERE IS IS THE BRIARWOOD, PUD, NOT THE BRIARWOOD, THE THE SOUTH SHORE PUD, WHICH IS A GOLF COURSE.

AND WE'VE HAD PROPOSALS FOR IT IN THE PAST.

IT'S, IT'S AN, IT'S A VACANT GOLF COURSE.

WE'VE SOME, SOME RESTAURANT WHEAT FARM.

WE, WE GOT SOME RESTAURANTS NEARBY.

SO, SO YEAH, I, I AGREE THAT THAT WAS A NO-BRAINER.

I HOPE ANYBODY, OKAY.

ANY OTHER QUESTIONS ON THAT ONE? NOPE.

UM, SO SHOULD I TAKE, I'LL TAKE A ANOTHER EASY ONE.

I THINK, UM, THE OPERATING ENGINEERS SITE OUT IN LAKEVIEW, IT'S ZONED INDUSTRIAL.

WE HAVE NO IDEA WHY IT'S ZONED INDUSTRIAL.

IT'S NOT INDUSTRIAL USE.

THE OPERATING ENGINEERS USE IT FOR TRAINING, UH, FACILITY AND UH, FOR THEM WE'RE SUGGESTING IT GO BACK TO RA.

THE, THE OPERATING ENGINEERS DON'T HAVE ANY LONG-TERM PLANS.

WE DON'T HAVE ANY LONG-TERM PLANS FOR THAT BEING AN INDUSTRIAL SITE.

IT SHOULD NOT BE AN INDUSTRIAL SITE.

WE'RE JUST RE RESIGNING THE RA.

THEY CAN CONTINUE TO DO WHAT THEY DO THERE, WHICH IS TRAIN AND HAVE THEIR HEADQUARTERS THERE, RIGHT? YES.

WE'RE NOT, WE'RE NOT GONNA INTERRUPT WHAT THEY'RE DOING AND IF FOR SOME REASON THEY WERE TO LEAVE, THAT IS A LARGE PROPERTY THAT IS PRETTY GOOD SHAPE RIGHT NOW, I THINK.

YEAH, WE WOULDN'T WANT THAT TO BE RESIDENTIAL IN THE GREEN SPACE.

LOOKS LIKE IF THEY LEAVE THEN IT JUST MATCHES WHAT'S AROUND IT, RIGHT? WHAT'S ALL AROUND IT IS RA ZONING, WHICH IS A GENERAL ZONING THAT ALLOWS, ALLOWS LARGE LOT RESIDENTIAL AND AGRICULTURAL USES AND OTHER TYPE AGRICULTURAL RELATED BUSINESSES IN THE FUTURE.

WE MAY SEE SOMEONE REZONE THAT TO SOMETHING ELSE, THAT THEY HAVE A SPECIFIC, BUT WE DEFINITELY DO NOT WANT IT INDUSTRIAL.

RIGHT.

QUITE ABOVE IS MONICA.

THAT'S MONICA, THE GOLF COURSE.

THAT'S WHAT I THOUGHT.

OKAY.

THAT'S THE GOLF COURSE NORTH OF THERE.

THE BLUE.

YEAH.

YEP.

OKAY.

SO THOSE ARE THE, WE'LL DO IT EASY.

THE NEXT ONE IS THE RAILROAD AVENUE AT LAKEVIEW ROAD.

YOU'RE ALL KIND OF, WELL, SOME OF YOU'RE FAMILIAR WITH THIS.

REMEMBER WE HAVE A PUBLIC MINI STORAGE FACILITY.

WELL, MINI STORAGE FACILITY.

WE APPROVE RIGHT HERE.

THIS IS THE OLD INDUSTRIAL LAND THAT WAS ZONED INDUSTRIAL ON THE RAILROAD WHEN WE THOUGHT BACK IN THE FORTIES AND FIFTIES OF THE PREVIOUS CENTURY THAT WE THOUGHT THAT'S WHERE INDUSTRIAL WOULD GO ALONG THE RAILROAD.

THERE ARE NO INDUSTRIAL USES IN THAT AREA ANYMORE.

IT'S PRETTY MUCH, MOST OF ITS VACANT LAND OR A HOUSE OR A SMALL BUSINESS ON THERE.

WE'RE SUGGESTING IT GO TO RA AT THIS POINT.

SO FOR THE, FOR THE STORAGE, WE'RE NOT TOUCHING THE STORAGE AND WE'RE NOT TOUCHING THESE EXISTING USE USES HERE.

WELL, RIGHT.

BUT DID WE, WHAT ARE YOU, I'M SORRY.

SO, SO THE, THE PINK SQUARES WE'RE LEAVING, WE'RE LEAVING INDUSTRIAL BECAUSE THEIR EXISTING BUSINESSES, SORRY.

NO QUESTION THOUGH.

'CAUSE THERE'S AN OCCUPIED, WE WENT THROUGH THIS BEFORE.

THIS CORNER LOT HAS AN OCCUPIED RESIDENCE.

HAD IT? THEY BOTH, BOTH OF THESE HAVE, BOTH OF THESE HAVE, AND THIS, SORRY.

NO, I'M NOT TALKING ABOUT THAT ONE.

I'M TALKING ABOUT NOT BEING CHANGED.

IT'S NOT BEING CHANGED.

SO THIS CORNER LOT IS NOT PART OF, IS IT OCCUPIED OR IS IT, DID THEY BUY THAT OUT AS PART OF THE RE THE MOST RECENT? YEAH, I THOUGHT THE PUBLIC STORAGE BUILDING.

BUT STORAGE.

BUT THEY DON'T OWN ALL THREE.

I THINK THERE ARE RESIDENCE IS IF THE, SOME OF THESE OTHER TWO LOTS.

SO MY COMMENT WOULD BE CAN THE WELL, WE'LL, WE'LL ASK WE'RE WE'RE GONNA, WE'RE GONNA HOLD A PUBLIC HEARING.

YEAH.

WE'RE LOOKING FOR YOUR AND YOUR, SO IF YOUR RECOMMENDATION, WE'LL PUT A REPORT TOGETHER FOR NEXT MEETING.

YOU CAN GET IT ON NEXT MEETING.

'CAUSE WE'D LIKE TO DO IT.

YOU WOULD RECOMMEND MAYBE YOU LOOK AT THESE MAYBE NOT BEING LEFT INDUSTRIAL.

YEAH.

IT COULD JUST CONFIRM WHAT IT COULD BE.

SO THIS LOT RIGHT HERE IS AN EMPTY PARKING LOT THAT YOU USE WHEN YOU GO TO THE BALD DOCKS.

NOT A, NOT A HOUSE.

AND I THINK THIS ONE'S VACANT.

OKAY.

THEY CAN JUST TURN THAT.

I MEAN THAT WOULD JUST BE, BUT IF THEY ARE VACANT, BUT IF THEY'RE VACANT IN A PARKING LOT AND THEY'RE NOT ACTUALLY BEING USED FOR INDUSTRIAL, SHOULD THEY BE SOMETHING YOU'RE ASKING ME TO LOOK AT THESE SITES RIGHT HERE? THOSE TWO? YEAH.

RIGHT.

OKAY.

[02:25:01]

AND YOU UNDERSTAND THIS IS WHERE THEY PARK ALL THE BOATS IN WHATEVER PART OF THE YEAH, IN THE STORAGE.

SO WE'RE LEAVING THOSE ON THE OTHER SIDE.

ALL THE OTHER ONES ARE EITHER VACANT OR SMALL HOUSE OR WHATEVER ON THEM THAT WE'RE GOING BACK TO RA.

THAT WAS THE CONFUSING PART TO ME IS THE, THE STRIP BETWEEN THE INDUSTRIAL PARCELS THAT ARE STAYING INDUSTRIAL.

WE'RE GONNA JUST CHANGE.

THIS IS THE, THIS IS THE RED, RIGHT? UM, WE'RE GONNA CHANGE JUST THIS ZONING.

THAT ONE.

THIS ONE, THIS ONE.

WE CAN'T DO THESE BECAUSE THEY'RE EXISTING.

RIGHT.

ALL THIS OVER HERE AND THESE, EVERYTHING THATS STRIKE.

WHAT'S THE BENEFIT OF THIS LITTLE STRIKE THAT'S THEN SEGMENTING THESE MATCHING ZONING CODES TO BECOME RESIDENTIAL.

WE KNOW.

AND MATTER OF FACT, THAT'S A GOOD POINT BECAUSE NO ONES GONNA LIVE ON THIS.

IT'S A ROAD.

RIGHT.

RIGHT.

SO WHY ARE WE DOING THAT? DOING WHAT? LIKE WHY, WHY AREN'T WE LIKE REZONING THESE PARCELS AND THESE PARCELS? LIKE WHY THIS IS AN EXISTING BUSINESS HERE.

YES.

SO WHY ARE WE DOING THIS BETWEEN THE EXISTING BUSINESSES? CAN WE JUST MAKE IT, MAKE IT SO LIKE IF JUST, IF MAYBE ENTIRE PARCEL.

THIS SEEMS MORE CONFUSING.

WE PARTIALLY ZONE IT SO THAT THE PIECE IS ADJACENT TO THIS DONALD SPITLER PARCEL.

RIGHT.

AND ONLY LEAVE THIS PIECE INDUSTRIAL SOMEHOW IN BETWEEN HERE.

THINK SO.

YEAH.

THIS WAS, YEAH.

I DON'T LIKE TO DO PARTIAL LOTS AS AS REZONING, BUT WE'RE TRYING TO TAKE WHOLE PARCELS AND REZONE THEM.

OH, I SEE.

SO THE CITY PARCEL IS JUST RIGHT.

IT'S A BIZARRE SAFE.

IT'S A RIDICULOUS SAFE PARCEL.

WE CAN'T BE USE ANYWAY.

RIGHT.

AND WE'RE HOPING WE HAD, WE HAD TO NOTIFY THIS PERSON TRYING TO FIND OUT WHAT IT IS AND THEY JUST WANT TO GET RID OF IT.

THAT'S WHAT YOU WERE SAYING.

WE HAVE TO LEAVE AN INDUSTRIAL BECAUSE THERE'S EXISTING USE ON EITHER SIDE OF THE ROAD.

THAT'S INDUSTRIAL.

RIGHT, RIGHT, RIGHT.

BUT THEN, SO THEN THE OTHER PIECE THOUGH, THIS IS ONE GIANT LONG SPIN PARCEL.

SO YOU REALLY DON'T WANNA LEAVE AN INDUSTRIAL THING BEHIND THESE HOUSES.

SO WHAT I'LL DO IS I'LL DO A LITTLE BIT MORE RESEARCH.

I'M NOT EXPECTING YOU TO MAKE YOUR REPORT TONIGHT.

I WILL GET YOU, GET YOU SOME ADDITIONAL INFORMATION AND YOU GET ME YOUR COMMENTS.

THAT'S WHAT WE'RE LOOKING FOR IS THAT THIS WAS A BIZARRE AREA TO SEE OF VERY BIZARRE PIECES OF PROPERTY RA.

YEP.

AND THESE LOTS ARE TOO SMALL TO MEET ANY OF THE REQUIREMENTS OF AN RA DISTRICT, I WOULD EXPECT.

YEAH.

SO THEY ALL WOULD NEED VARIANCES.

IT WOULD .

OH, THEY, THEY'RE ALL LANDLOCKED BACK HERE.

YOU CAN'T REALLY USE THEM ANYWAY.

SO .

BUT DO THEY NEED TO BECOME R ONE? I I WAS GONNA DO RA.

THAT WAS THE IDEA THAT, THAT THESE ARE BALL FIELDS HERE.

THIS HAS NO ACCESS TO IT.

WE WERE JUST GONNA MAKE IT RRA AND MAYBE THEY COULD COME UP WITH SOME CREATIVE OTHER MINI STORAGE.

THAT'S NOT THE SPITLER.

WERE FARMERS.

SO MINI STORAGE, CAN THAT CHANGE USE TO C TWO? I THINK IT SHOULD.

YEAH.

NO, MINI STORAGE IS ONLY ALLOWED IN THE INDUSTRIAL DISTRICT YET TO FULL SCALE BUILDINGS TO BE IN THE C TWO.

AND THESE ONES AREN'T FULL THERE.

NO, SOME OF THEM ARE.

SOME OF THEM ARE.

WE HAVE THE LITTLE ONES AND THE, THE BIGGER ONES.

RIGHT.

MAKES A DIFFERENCE.

YEAH.

YEP.

WE JUST APPROVE THAT.

SO I CAN'T GO AND THEN CHANGE.

WELL, NO.

RIGHT.

ALL RIGHT.

BUT I DON'T WANNA TAKE UP YOUR OLD, BUT THERE'S SOME QUESTIONS ON THIS.

I'LL DO A LITTLE BIT MORE RESEARCH AND WE'LL LOOK INTO HOW WE WANNA DO IT.

THERE'S JUST ODD LITTLE PIECES OF PROPERTY LEFT ALONG THE RAILROAD TRACK.

OKAY.

VERY ODD, STRANGE PIECES.

AND I SEE THAT THAT'S ONE BIG LONG, SKINNY PERSON.

SO IF WE WANNA TO ZONE THE PIECES ADJACENT TO RAILROAD AVENUE, IT WOULD BE A GRANDFATHERED USE TO MAINTAIN THEIR EXISTING THING.

DO WE WANT TO CONSIDER WHETHER OR NOT THAT MIGHT NEED CHANGE FOR LONG TERM? WOULD WE WANT A FUTURE M TWO USE THERE? OR IS THAT SOMETHING A TOWN SHOULD BE LOOKING AT? LIKE A, THE ONLY THING WE, WE GET NERVOUS ABOUT THAT, AND AGAIN, WE'LL GET INPUT FROM THE PROPERTY OWNERS, IS WE REZONE THIS AS SOMETHING THAT'S NOT YES.

THEY'RE, THEY'RE GRANDFATHERED, BUT IT HAS EVER BURNED DOWN OR WHATEVER.

THEY COULD HAVE.

THEY COULD NOT.

WELL, THERE'S NO STRUCTURE.

OH, WHICH ONE ARE YOU TALKING ABOUT? THESE TWO.

OH, RIGHT.

THERE'S NO STRUCTURE THERE.

THERE'RE THERE'S USAGE.

GOOD POINT.

IT'S OUTDOOR STORAGE.

OKAY.

IT'S OUTDOOR STORAGE.

AND WE'RE HOPING TO GET INPUT FROM THE PROPERTY OWNERS AND SAY, HEY, WE'RE NOT GONNA LEAVE IT INDUSTRIAL.

WHAT DO YOU WANT? BUT THEY COULD, AS LONG AS THEY MAINTAIN THE STORAGE.

A LOT OF QUESTIONS ON THIS ONE.

I'M GONNA MOVE ON.

A LOT OF QUESTIONS ON THIS ONE.

WELL, LET'S DO, UM, LET'S DO, UH, THE CAMP ROAD STALEY ROAD, YOUR VERY FAMILIAR ASPHALT PLANT THAT HAS BEEN PROPOSED, UH, TALKED ABOUT FOR TWO YEARS NOW.

WE'RE REZONING ALL THESE, THERE'S AN EM THREE AND ALL THIS M TWO PROPERTY.

WE'RE GONNA REZONE TO MU ONE.

BY THE WAY, M1 IS A FLOATING ZONE, BUT IT HAS A CLAUSE IN IT THAT SAYS TOWN BOARD CAN REZONE IT.

BUT THEN THEY HAVE TO COME IN WITH A PLAN TO GET APPROVED FOR THEN TO MOVE FORWARD WITH ANY DEVELOPMENT UNDER MU ONE.

SO IT'S NOT LIKE THEY, THERE'S A CLAUSE IN THE MU ONE THAT SAYS IT'S A FLOATING ZONE.

YOU HAVE TO COME IN WITH A PLAN, BUT THE TOWN BOARD CAN REZONE.

BUT THEN WHEN YOU GO TO DO YOUR PROJECT, YOU HAVE TO COME TO THE TOWN BOARD FIRST AND SHOW

[02:30:01]

THE PLAN BEFORE YOU CAN PROCEED TO SITE PLAN APPROVAL.

SO READ THAT SECTION OF U ONE.

AND BY THE WAY, WE'VE ADDED THOSE ONTO THE TOWN'S WEBSITE.

'CAUSE WE NOTICED THAT THE E CODE DOES NOT HAVE THE NEW DISTRICTS IN IT YET.

SO IT'S ON THE TOWN'S WEBSITE RIGHT BELOW THE GENERAL CODE THING.

IT'S THE TWO NEW DISTRICTS.

MU ONE, JUST OFF THE BAT, ALLOWED FOR THIS.

LIKE THE VARIATIONS OF USE BETWEEN A MOOSE LODGE AND RESIDENTS.

YEP.

AND YEP.

IT ALLOWS FOR MIXED USES, ALLOWS RESIDENTIAL, COMMERCIAL MIXED USE BUILDINGS, ALLOWS A LOT OF DIFFERENT THINGS.

WE WANT PEOPLE TO BE CREATIVE, BUT ACKNOWLEDGE WHAT THE AREA IS.

MM-HMM .

YOU STILL HAVE, THIS IS THE VILLAGE OF HAMBURG BUSINESS PARK UP HERE.

MM-HMM .

AND YOU STILL HAVE, UH, RESIDENCES ON ONE SIDE.

YOU HAVE COMMERCIAL ON THE OTHER SIDE.

WE'RE LOOKING FOR SOME CREATIVE PLANS.

MATTER OF FACT, IF YOU GO TO THE TOWNS COMPREHENSIVE PLAN, THE TOWN HAD A SEPARATE STUDY AND WE INCORPORATED IT.

THEY DID THE GATEWAY STUDIES AND THE COMPANY THAT DID IT DID A GREAT IDEA OF A PLAN FOR THIS AREA.

SO THAT WOULD ALSO BE CONSIDERED.

SO AGAIN, IT'S, IT'S RESIDENTIAL AND INDUSTRIAL, RIGHT? YEAH.

I THINK THAT, SO ONE SEEMS FOR THIS ONE, SO I I APPRECIATE SOME OF THOSE, BUT THERE'S A LOT OF, UH, PRIVATELY HELD EITHER ADJACENT TO OR HOMEOWNER HELD PROPERTIES HERE.

DO THESE PROPERTY OWNERS THEN HAVE THE OPPORTUNITY TO REQUEST THAT THEIR PARCEL PERHAPS BEING REZONED TO R ONE OR WHATEVER THAT'S THEIR WELL, WE WOULD PREFER THE MU ONE DOES ALLOW A LOT OF MIXED USES.

I'D LIKE TO NOT TAKE INDIVIDUAL PIECES OF PROPERTY AND MAKE 'EM ALL DIFFERENT AND MAKE IT A HODGEPODGE.

YOU CAN STILL WORK OUT A PLAN THAT FITS INTO THE AREA.

YEAH.

BUT THE, SOME OF THESE PARCELS ALSO R ONE.

SO IF THEY WANTED TO REZONE TO MATCH THE OTHER ADJACENT RESIDENCE, IT'S FOR WHAT THEY WELL, I MEAN LIKE THEY'RE NOT GONNA DEVELOP THIS AS R ONE RIGHT NOW .

IT'S DOESN'T, THERE'S NO WAY YOU'RE GONNA DEVELOP THAT AS R ONE.

SO THAT'S WHY WE'RE LOOKING FOR, YOU'RE PROBABLY GONNA HAVE TO PUT PROPERTIES TOGETHER BECAUSE SOME OF THESE PROPERTIES ARE GONNA BE ALMOST IMPOSSIBLE TO DEVELOP.

I MAY HAVE SOME LITTLE PIECES OF PROPERTY THAT ARE YEAH.

IN THE HOUSES THAT ARE RIGHT HERE.

I GUESS THAT'S WHAT I'M SAYING.

BUT THESE ARE ALL VACANT.

SO HOW WOULD YOU PUT SINGLE FAMILY HOUSES HERE? NO, BUT YOU HAVE FRONTAGE HERE.

SO WHAT I'M SAYING IS, IS THAT IF YOU HAVE MR. PHILIPPI OR WHOEVER DO THESE PROPERTY OWNERS, RIGHT, IF THEY'RE A RESIDENCE.

RESIDENCE, IF THEY A SINGLE FAMILY HOME, THEY CAN PUT A SINGLE FAMILY HOME ON THERE FOR WELL, SOME OF THEM ALREADY HAVE ONE.

THAT'S WHAT I'M SAYING IS IF SOMEBODY ALREADY HAS A SINGLE FAMILY, NOT ON THE HOUSE, NOT ON THE PROPERTY.

WE'RE REZONING.

NO, THERE'S NO HOUSES.

THERE'S NO, NO, NO.

THEY'RE ALL VACANT.

FACT, ONE OF THE TOWN BOARD MEMBERS OWN ONE OF THESE PIECES.

THEY DECENT PROPERTY, BUT THEN THERE'S NO FRONTAGE.

SO IS IT JUST, IS THERE SPLIT? WE'RE JUST THE SAME.

PARCEL.

PARCEL.

WE'RE GONNA PUT, MAKE IT ALL THE SAME BU ONE AND LET SOMEONE PUT A PLAN TOGETHER.

BECAUSE SOME OF THE PARCELS ARE LANDLOCKED PARCELS.

SOME OF THEM ARE TOO SMALL TO PUT ANYTHING ON.

I MEAN, THIS PARCEL IS WAY TOO SMALL TO PUT ANYTHING ON.

SO NO MATTER WHAT IT'S ZONED, SOMEONE'S GONNA HAVE TO COMBINE PARCELS.

I DON'T THINK THEY KNOW.

I THINK THE ZONING LINE IS NOT THE PARCEL LINE.

ZONING LINE IS THE PARCEL LINE.

WE USE THE, WE USE THE TAX MAPS AND EVERYTHING ELSE TO COME UP WITH THAT.

AND, AND THEY, AND THEY'RE REALLY BIZARRE.

YOU'RE RIGHT.

THIS, THIS, THERE'S A COUPLE LITTLE TINY PIECES THAT, THAT'S ACTUALLY A PARCEL.

IT HAS AN SBL NUMBER.

EVERYTHING HAS AN SBO NUMBER.

THERE'S SEPARATE SBL.

THIS IS A LITTLE SEPARATE PIECE FOR THE SBL.

SO THIS PIECE HERE YEAH.

IS SEPARATE IN THIS PIECE.

IT'S SEPARATE THAN THAT PIECE.

IF YOU CAN BELIEVE IT.

YOU KNOW WHY IT'S A TINY, YOU MIGHT LIVE HALF, HALF ABOUT, OR IS THAT THE NO, THERE'S VACANT.

OH, I THE ZONING LINE IS THE PARCEL, RIGHT? WHAT YOU'RE SAYING? I THINK IT PROBABLY GOES, I, I BET YOU THAT THIS CONNECTS TO THESE SO IT DOESN'T MM-HMM .

THEY'RE ALL, SO THESE ARE TWO SURFACE PRINT OUT THE, WITHOUT THE ZONING ON, PRINT OUT THE PARCEL MAPS.

AND YOU'LL SEE THEY'RE VERY BIZARRE LITTLE PARCELS ALL DOWN THERE.

THERE ARE TWO MINIATURE LITTLE PARCELS HERE.

THEY'RE NOT ONE.

YEP.

YEP.

THAT'S WEIRD.

WEIRD.

ITS VERY WEIRD.

WE'LL PRINT IT OUT AND DOUBLE CHECK.

UM, SO AGAIN, I'M LOOKING FOR YOUR INPUT.

I DON'T RESPECT YOUR YOUR, BUT THIS, THAT WAS THE IDEA THAT WE TAKE IT IN ACCORDANCE WITH THE COMP PLAN.

THEY DID AN OVERALL PLAN SAYING THIS SHOULD BE KIND OF A MIXED USE AREA OF, OF DEVELOPMENT.

AND THEN THE LAST ONE IS, IS EVEN MORE COMPLICATED, RIGHT OUTSIDE THE VILLAGE OF HAMBURG, WHEN YOU GO OUT LAKE VIEW ROAD, WHERE LAKE VIEW AND OLD LAKE VIEW ROAD SPLIT, THERE'S ALL THESE PARCELS, YOU'RE KNOW WHERE IT IS.

IT'S WHERE THE STATE, NEW YORK STATE DOT HAS THEIR OFFICES.

IT'S WHERE THE COUNTY HAS SOME NOT OFFICES.

THEY HAVE THEIR HIGHWAY GARAGE AND THE COUNTY HAS THEIR HIGHWAY GARAGE.

THEN THERE'S A BUNCH OF OTHER PIECES OF PROPERTY THAT ARE VACANT.

SOME OF THEM HAVE BUSINESSES ON THEM.

WE BELIEVE THIS WHOLE SITE SHOULD BE ZONED.

THIS WHOLE AREA HERE THAT'S OUTLINED SHOULD BE ZONED C TWO.

THEY'RE EITHER COMMERCIAL TYPE USES.

THEY MATCH THEIR COMMERCIAL USES THAT ARE

[02:35:01]

ON THE OTHER SIDE OF WHERE THE VILLAGE OF HAMBURG IS.

BUT THEY SHOULD BE LOWER SCALE AND NOT INDUSTRIAL.

IF AND WHEN, I DON'T EVER WOULD HAPPEN, THE STATE OF NEW YORK OR THE COUNTY OF ERIE OR OTHER PEOPLE SOLD THESE PROPERTIES.

WE DON'T ENVISION THIS TO BE AN INDUSTRIAL AREA.

IT'S NOT AN INDUSTRIAL AREA OF THE TOWN.

AGAIN, OLD, OLD LEFTOVER FROM THE DAYS OF THE RAILROADS AND WHATEVER BACK THERE THAT THERE WERE INDUSTRIAL PROPERTIES THERE.

AND AGAIN, WE MAY HAVE SOME OF THESE PEOPLE QUESTIONING THIS.

AND OUR IDEA IS THAT ALL THESE PROPERTIES WOULD BE REZONED FROM INDUSTRIAL TO COMMERCIAL.

WE HAVE LEFT THE INDUSTRIAL 'CAUSE IT IS A APPROVED BUSINESS PARK JUST DOWN THE ROAD.

ALTHOUGH THERE'S ONLY TWO BUSINESSES THERE.

THE BACK OF IT IS ALL WETLANDS.

IT'LL NEVER BE DEVELOPED.

WE MAY WANT TO CONSIDER REZONING THIS IN THE BACK HERE.

MM-HMM .

THIS IS AN ALL INDUSTRIAL PARK OR IT'S PRETTY MUCH ALL WETLANDS.

OH YEAH.

WE SHOULD TAKE THE OPPORTUNITY TO DO THAT.

YEP.

SO IS THE REASON THAT THESE LOTS ARE SPLIT HERE? WHAT'S THAT? BECAUSE THE VILLAGE LINE IS HERE.

YES.

THAT'S WHY THE LOTS ARE LINE BIFURCATED.

RIGHT? ALL THE GRAY.

EVERYTHING GRAY IS IN THE VILLAGE.

EVERYTHING IS GRAY IS IN THE VILLAGE.

OKAY.

SO I TRY TO EXPLAIN THOSE TO YOU.

HOPEFULLY YOU CAN GET ME SOME INPUT.

BILL, I DON'T KNOW IF WE CAN PLACE THIS ON TWO WEEKS FROM TONIGHT.

WE'D LIKE TO CONSIDER, THIS HAS BEEN AROUND FOR A WHILE.

THE TOWN BOARD WOULD LIKE TO HAVE PUBLIC HEARINGS AND HEAR FROM THE PEOPLE WHO OWN PROPERTIES.

CINDY HAS PUT THE MAILING LIST TOGETHER.

I THINK THERE'S ABOUT 500 PEOPLE THEY HAVE TO MAIL THIS TO BETWEEN THE PROPERTY OWNERS AND EVERYBODY WITHIN THE REQUIRED DISTANCE.

IT IS A HUGE MAILING, BUT WE WANT MAKE SURE IT'S RIGHT BEFORE WE DO THAT HUGE MAILING, THERE WILL BE PEOPLE QUE JUST AS YOU'RE QUESTIONING IT, THERE WILL BE OTHER PEOPLE QUESTIONING IT.

THE CONFERENCE PLAN AND SOME SPOTS DIDN'T HAVE A SPECIFIC RECOMMENDATION.

IT JUST SAID THESE PROPERTIES NEED TO CHANGE.

IT DIDN'T SAY TO WHAT IT SAID OR THE STUDY'S GOTTA BE DONE TO SAY WHAT DO WE NEED TO CHANGE IT.

SO DO YOU GUYS HAVE ENOUGH DIRECTION TO GET ME INPUT OVER THE NEXT COUPLE WEEKS AND SAY, I KNOW A COUPLE THINGS YOU'VE ASKED ME TO LOOK INTO.

WHAT, WHAT DO YOU NEED TO MAKE YOUR REPORT AND RECOMMENDATION TO THE TOWN BOARD? SO, SO HERE'S MY PLAN ON THIS.

WE, WE'VE GOT FIVE THINGS ON FOR THE NEXT MEETING.

IF ONCE WE GET A CHANCE TO DIGEST THIS AND THINK ABOUT IT, IF THERE'S NO REAL ISSUES, WE CAN JUST VOTE.

THEN THE 17TH IS FINE.

IF WE COME BACK ON THE 17TH AND WE STILL HAVE SOME THINGS WE WANT TO TALK ABOUT, THEN WE'RE GONNA HAVE TO PUT IT ON A MEETING WHERE WE'VE GOT A BIT MORE TIME.

OKAY.

BECAUSE WE'RE NOT GONNA HAVE A TON OF TIME ON THE 17TH.

BUT YOU TRY TO GET ME YOUR COMMENTS, I'LL PROBABLY GET YOU SOME ADDITIONAL INFORMATION.

BUT TRY TO GET ME YOUR COMMENTS SO WE KNOW WHAT THE DISCUSSION POINTS ARE AND THEN BILL AND I CAN SAY, HEY, WE HAVE A LOT OF THINGS WE GOTTA TALK ABOUT.

LET'S MOVE IT TO A, A LESS BUSY AGENDA NIGHT.

EXACTLY.

WHICH IS NOT, NOT GONNA BE COMING IN THE NEAR FUTURE.

25.

2025.

ALL RIGHT.

ALL RIGHT.

THANK YOU FOR YOUR INPUT.

OKAY.

PLEASE GET ME MORE INPUT IF THERE WAS A LOT OF WORK GOING INTO THIS.

FIGURING OUT WHAT NEEDED TO BE CHANGED.

ALRIGHT, NEXT ITEM OF THE AGENDA IS A LS FAULT SEEKER STATUS UPDATES.

BILL, YOU SAID THE 17TH.

ONLY IF WE'RE READY TO ACT ON IT.

YEP.

AND YOU'LL CIRCULATE MAYBE AHEAD OF THE NEXT MEETING.

YEAH.

WE'RE GONNA ASK COPIES OF WHATEVER YOU HEARD UP HERE.

ALRIGHT.

SO DO YOU WANNA GET INTO THE UPDATES OR WHO WANTS TO DO IT? UH, WE'LL JUST BRIEFLY, UH, WE ACKNOWLEDGED AT THE LAST MEETING THAT WE RECEIVED, UH, REVISED DEIS FROM THE APPLICANT.

WE ENTERED INTO EXECUTIVE SESSION.

SO WE DIDN'T REALLY DISCUSS ANYTHING ON THE RECORD.

SO TODAY IS KIND OF FOR THE PLANNING BOARD TO DISCUSS YOUR THOUGHTS ON THAT REVISED CEIS.

RIGHT.

THAT'S THE ONE THAT WE GOT THAT JOSH DID A TON OF WORK ON TO IDENTIFY THE CHANGES ALL IN ONE DOCUMENT.

YOU ALL SHOULD HAVE RECEIVED A COPY BY NOW.

I HAD, I DID HEAR WHAT SHE SAID.

I'M JUST GIVING THE BOARD AN UPDATE RIGHT NOW, JUST GENERALLY ON THE PROCESS.

THAT'S ALL.

UM, YOU SHOULD HAVE ALL RECEIVED A COPY OF THE DEIS.

I COULD NOT SEND IT TO YOU FOR SOME REASON DUE TO, UH, TECHNICAL ERRORS OR JOSH SENT A REPORTING.

BUT YOU, ANY OF YOU HAVE GOT IT.

I ALSO GOT IT FROM YOU.

DID YOU? SOME OF YOU DID.

UH, YEAH, I GOT IT ON DOWNLOAD.

THERE WAS, THERE WAS SOME BOUNCE BACK ISSUES.

THE FILE SIGNS WANNA MAKE SURE THAT EACH OF YOU HAVE RECEIVED IT.

YEAH.

THE DROPBOX WORK.

OKAY.

SO THE THING THAT I NOTED IS THAT THERE WERE EXTREMELY LIMITED REVISIONS TO THE DOCUMENT AND THAT WE HAD PREVIOUSLY BOTH PROVIDED A LIST OF DEFICIENCIES AND A SLIGHTLY REDUCED LIST OF DEFICIENCIES THAT WERE NOT ADDRESSED AT ALL IN THE UPDATES THAT THAT OCCURRED TO THE DOCUMENT.

IS THAT CONSISTENT WITH YOUR READ OF IT? YES.

[02:40:02]

SO ESSENTIALLY KIMSON SPECIAL COUNSEL THIS MATTER.

SO, UM, ORIGINALLY THIS BOARD HAD A LIST OF 19 DEFICIENCIES.

UM, IT WAS REDUCED TO SEVEN DEFICIENCIES WITH THE RESERVATION OF RIGHTS ON THOSE REMAINING ITEMS. THIS REVISED DEIS INCLUDES THE APPLICANT'S EFFORTS TO ADDRESS TWO OF THOSE SEVEN.

UM, WITHOUT SPEAKING TO THE SUFFICIENCY OF HOW THEY'VE ADDRESSED IT, THEY'VE, THEY'VE GONE TO TWO OF THE SEVEN ITEMS TO ADDRESS THEM AND REVISED FREEDOM.

SO AT THIS POINT BEFORE THE BOARD, THE DISCUSSION TONIGHT IS WHERE THE BOARD'S AT IN TERMS OF RECEIPT OF THE DEIS, YOUR OPTIONS ARE MOVING IT FORWARD TO PUBLIC REVIEW.

OR AGAIN, CONTINUING TO REITERATE, UH, THE DEFICIENCIES THAT HAVE BEEN PREVIOUSLY IDENTIFIED FOR THE APPLICANT.

AND WE WOULD HAVE TO DO THAT BY OUR NEXT MEETING, RIGHT? YEAH.

WE HAVE TO VOTE, WE HAVE TO VOTE ON THIS AT OUR NEXT MEETING.

'CAUSE THE DEADLINE IS LIKE THE DAY AFTER THAT, THE 30 DAY DEADLINE FROM RECEIPT.

SO UNDER SEEKER WE GET THE DEIS AND WE JUST WENT, WE HAVE SOME NEW MEMBERS THAT DIDN'T GO THROUGH THIS ON, WE JUST DID.

IT WAS WITH BROADWAY AND DOLLAR GENERAL.

THE WAY THAT IT WORKS WITH THE STATE IS THAT WE HAVE A-D-E-I-S AND THEN WE LARGELY OUR FBIS IS, IS NOTING CHANGES FROM THE DEIS.

AND IF WE WERE TO MOVE FORWARD WITH THE PROCESS, THERE WOULD BE A SUBSTANTIAL ONUS ON US AS THE PLANNING BOARD WITH WHICH THEN TO MAKE SURE THAT ALL OF THOSE 19 TOPICS WERE ADEQUATELY COVERED AND THAT WE WOULD THEN BE TAKING ON, YOU KNOW, TYPICALLY THE, THE FEIS IS A MUCH SHORTER DOCUMENT THAN THE DEIS AND IT HAS THOSE CHANGES IN ANY ADDITIONAL STUDIES OR REPORTS IN THIS CASE BECAUSE THERE'S 19 DEFICIENCIES THAT WE HAVE THERE THAT'S A MUCH MORE ROBUST AND A MUCH LARGER DOCUMENT THAN I THINK THAT WE WOULD'VE EN ENVISIONED IF WE DIDN'T HAVE A COMPLETE, AND THAT, THAT'S JUST A LEVEL OF RESOURCES AND EFFORT FOR THE, THE BOARD THAT I THINK IS WORTH NOTING.

SO THE, THE LEAD AGENCY, UM, HAS, YOU KNOW, THE ABILITY TO WORK WITH A PROJECT SPONSOR ON BOTH DEIS AND FBIS, BUT YES, YOU'RE CORRECT.

AT THE END OF THE DAY, THE ADEQUACY AND THE ACCURACY OF THE FBIS IS THE RESPONSIBILITY OF THE LEAD AGENCY.

DOESN'T MEAN THAT THERE CAN'T BE INTERACTION OR ASSISTANCE FROM A PROJECT SPONSOR, FOR EXAMPLE, IN RESPONDING TO ANY AND ALL PUBLIC COMMENTS THAT ARE RECEIVED.

SO YES, THE FBIS ADDRESSES CHANGES FROM THE DIS, BUT AN IMPORTANT PART OF THE FBIS IS RESPONSES TO ALL SUBSTANTIVE COMMENTS RECEIVED ON THE DEIS.

AND, AND JUST FOR THE RECORD, THE THE ONE ISSUE THAT COMES UP AND WE CAN TELL THAT IS THAT IN AN FBIS THE DOCUMENT IS MADE AVAILABLE TO THE PUBLIC.

THE DOCUMENT IS SENT TO OTHER AGENCIES, BUT THERE'S NO PUBLIC HEARING ON THE FBIS AND I DON'T BELIEVE THERE'S ANY, YOU GUYS WERE NO CASE LAW HOLDING A PUBLIC HEARING ON AN FBIS.

WE CAN ACCEPT PUBLIC COMMENT ON IT, BUT THERE'S NO PUBLIC HEARING.

YOU HAVE A PUBLIC HEARING.

THE DEIS IF YOU GET A THOUSAND COMMENTS AND DETERMINE THAT NINE, 900 OR OF THEM ARE SUBSTANTIVE, YOU NEED TO ADDRESS THOSE.

AND WHAT WE'RE DOING IS RESERVING THOSE OTHER ITEMS THAT WE'RE GONNA TRY TO ADDRESS IN THE FBI.

SO JUST TO LET YOU KNOW, THAT'S, YOU KNOW, THAT'S, THAT'S THE ONLY COMPLAINT WE EVER GET WITH THAT RESOLVING ISSUES IN FDIS IF THERE'S NO PUBLIC HEARING, IT DOESN'T MEAN THAT THE PUBLIC DOESN'T HAVE AN OPPORTUNITY TO COMMENT ON IT.

AND YOU CAN CONSIDER THOSE COMMENTS.

BUT IT'S NOT A PUBLIC HEARING.

IT'S NOT WHATEVER I'M SAYING THAT CORRECT.

I DON'T.

RIGHT.

AND THIS IS YOUR GUIDANCE, YOU KNOW, SAYS THE SAME THING.

ESSENTIALLY THE PURPOSE OF THE, THAT'S THE PURPOSE OF THE DEIS, THE PUBLIC REVIEW PROCESS AND WHAT YOU'RE ADDRESSING IN THE FDIS AND YOU GUYS KNOW THAT YOU THEN BALANCE WHAT'S IN THE FDIS AGAINST THE DEIS AND YOU HAVE TO MAKE FINDINGS BASED ON WHAT'S ON THE RECORD.

CORRECT.

SO THAT'S WHY YOU NEED TO GET STUFF ON THE RECORD BECAUSE IT CANNOT HAS TO BE ON THE RECORD FOR YOU TO MAKE THAT DECISION.

I HAVE A QUESTION ABOUT AS TO WHY THE REST OF THE INFORMATION WAS NOT PROVIDED TO US.

IF THERE WAS ONLY, IF THERE WAS 19 AND THEY ONLY PROVIDED TWO, DID THEY GIVE A SPECIFIC REASON WHY THE REST OF IT WAS NOT RESPONDED TO? SO THERE'S BEEN A SERIES OF LETTERS THAT HAVE GONE BACK BETWEEN THE BOARD AS LEAD AGENCY AND THE APPLICANT.

UM, SINCE THE ORIGINAL DEFICIENCIES LIST WAS PROVIDED IN SEPTEMBER, UM, THE APPLICANT'S POSITION HAS LARGELY BEEN THAT THE DEFICIENCIES NOTED ARE NOT INCLUDED IN THE SCOPING DOCUMENT.

UH, THE FINAL SCOPE THAT WAS COMPLETED MARCH, 2020 MIGHT'VE BEEN MAY, 2020, BUT IT WAS AT, YEAH, UM, IT WAS IN 2020.

AND, UH, THE, THE LEAD AGENCY HAS GIVEN ITS RESPONSE ON THAT, THAT IT DISAGREES.

UM, AND THAT THERE ARE, UH, AND SECRET REGULATIONS PROVIDE THAT IT'S, THERE ARE OTHER

[02:45:01]

CONSIDERATIONS IN THE REGULATIONS OUTSIDE OF JUST THE SCOPE IN TERMS OF INFORMATION THAT NEEDS TO BE PROVIDED IN ORDER FOR THE PUBLIC TO ASSESS IMPACTS AND PROVIDE ITS COMMENTS.

SO AT THIS POINT, IT, IT IS, UH, IT IT IT'S ESSENTIALLY A DISAGREEMENT BETWEEN THE LEAD AGENCY AND THE APPLICANT IN TERMS OF WHAT IS CONTEMPLATED IN THE SCOPE AND WHAT IS REQUIRED TO BE IN THE DOCUMENT.

SO AT THIS POINT, WHAT THE REGULATIONS SAY, WHAT THE GUIDANCE SAYS IS THAT THIS BOARD MAY, AS LEAD AGENCY, MAY CONTINUE, UM, TO, UH, RETURN OR REJECT THE DDIS BACK TO THE APPLICANT FOR FURTHER REVISION.

IF IT FEELS THAT, UM, IT IS, IS IT IS NOT SUFFICIENT FOR PUBLIC REVIEW.

THERE IS HOWEVER, UM, GUIDANCE THAT PROVIDES THAT IF THE BOARD FEELS THAT THE DIS PROVIDES BARE MINIMUM INFORMATION IN TERMS OF PROJECT DETAILS AND, UH, DISCUSSION IMPACTS THAT THE LEAD AGENCY MAY, UM, MOVE THE DOCUMENT FORWARD TO PUBLIC REVIEW WHILE NOTING ALL OF THOSE DISAGREEMENTS OR DEFICIENCIES.

AND THOSE SHOULD ALL BE NOTED IN THE NOTICE OF COMPLETION, WHICH IS THE DOCUMENT THAT YOU HAVE TO ISSUE AS THE LEAD AGENCY IN ORDER TO MOVE THE DOCUMENT TO PUBLIC REVIEW.

YOU SHOULD INDICATE ALL OF THOSE DISAGREEMENTS OR THOSE DEFICIENCIES AND THEN ASK THE PUBLIC TO OPINE ON THEM.

SO AS YOU, IF YOU DECIDE TO MOVE TOWARDS PUBLIC REVIEW, YOU ARE ASKING FOR PUBLIC COMMENTS ON THE DEIS ITSELF.

BUT YOU'RE ALSO ASKING THE PUBLIC TO COMMENT ON ALL OF THOSE 19 ITEMS THAT LI AGENCY VIEWS AS DEFICIENCIES FROM THE DEIS AND THEN THAT WOULD NEED TO BE ADDRESSED IN THE FEIS.

SO GIVEN THE, UH, DISAGREEMENT BETWEEN THE APPLICANT AND THE PLANNING BOARD ON WHAT IS REQUIRED, IS IT YOUR EXPECTATION THAT THEY WOULD BE PROVIDING INFORMATION OR SUBSTANTIVE MATERIALS BACK TO US AS WE WERE PREPARING THE FEIS YOU MENTIONED EARLIER AND I, I THINK THAT'S SOMETHING THAT WOULD BE ABSOLUTELY REASONABLE FOR THE LEAD AGENCY TO ASK OF THE APPLICANT AND EVEN TO, YOU KNOW, YOU COULD ASK THE APPLICANT THAT IN ADVANCE OF YOUR DETERMINATION, UM, ON THIS DEIS, IT'S, IT'S A CONCERN THAT'S WORTH NOTING.

THE OTHER OPTION YOU HAVE IS YOU'RE RESPONSIBLE FOR THE PREPARATION FEIS.

YOU COULD HIRE YOUR OWN CONSULTANTS TO, TO DO SECTIONS THAT YOU BELIEVE HAD NOT BEEN PROPERLY ANSWERED.

CORRECT? MM-HMM .

SO YOU HAD THAT ABILITY AND THAT IS IN ADDITION TO THE, WE DID ALREADY, THE TOWN RETAINED TWO EXPERTS I THINK RELATED TO TRAFFIC, RIGHT.

AND AIR AND UH, ODOR ISSUES.

SO THAT WOULD BE POTENTIALLY AN ADDITIONAL PARTY AND EXPENSE THAT THOUGHT WOULD POTENTIALLY NEED TO SUPPORT, RIGHT.

AN EXPENSE OF THE TOWN BECAUSE THE, THE SEEKER, WE CAN HAVE THE APPLICANT PAY FOR CERTAIN THINGS, BUT IT'S ONLY UP TO A PERCENTAGE OF THE VALUE OF THE PROJECT.

WHICH BECAUSE THIS PROJECT IS JUST EQUIPMENT, THE VALUE IS NOT THAT HIGH.

SO THE AMOUNT OF MONEY THAT WE CAN GET FROM THE APPLICANT TO PAY FOR THOSE THINGS IS VERY LOW.

I THINK BASED ON COUNSEL'S COMMENTS ABOUT THE FACT THAT WE COULD MOVE FORWARD DULY NOTING THOSE DEFICIENCIES BUT OPENING IT UP TO THE PUBLIC.

AM I SAYING THAT CORRECTLY? CORRECT.

I THINK THAT'S THE PROCESS THAT UM, WE COULD GO FORWARD WITH.

I MEAN THEY HAVEN'T GIVEN IT TO US YET AND IT'S BEEN THREE YEARS OR AT LEAST PLUS.

SO I THINK THE ONE THING I WANNA NOTE FOR YOU, 'CAUSE YOU'RE NEW ON THE BOARD AND I WOULD BE INTERESTED FOR KIM TO COMMENT ON IS, SO ONCE WE HIT THE, SO IF WE WERE TO ACCEPT THIS AND MOVE FORWARD TO PUBLIC HEARING, I BELIEVE THAT SEEKER HAS PROCEDURAL TIMELINES AND I DON'T WANNA BOTCH THEM.

SO IF KIM COULD COMMENT ON THEY'RE THEN I DON'T, WE HAVE TO BALANCE IN THE ADDITIONAL COST AND THE TIMING CONSTRAINTS THAT WE HAVE IN ORDER TO ACT IF WE WERE TO NEED TO TAKE ON THIS ADDITIONAL LEVEL OF EFFORT.

SO WHAT ARE THE PROCEDURAL REQUIREMENTS THAT WOULD HIT US IF WE WERE TO MOVE TO A HEARING AND WHEN DID THEY START? SO THAT'S A GREAT QUESTION.

SO ONCE THE NOTICE OF COMPLETION IS ISSUED, WHICH IS THAT DOCUMENT I TALKED ABOUT, ONCE THAT'S MADE AVAILABLE TO THE PUBLIC, YOU HAVE 60 DAYS TO HOLD A PUBLIC HEARING, UM, ON THE DEIS.

SO YOU HAVE 60 DAYS TO GET A HEARING OPENED AND GOING WITHIN 45 DAYS OF THE CLOSE OF THAT PUBLIC HEARING, THE LEAD AGENCY IS RESPONSIBLE FOR ISSUING THE FBIS.

THAT BEING SAID, THE REGULATIONS DO CLEARLY STATE THAT THE LEAD AGENCY CAN TAKE MORE TIME IF REQUIRED.

THAT IS IN THE REGULATIONS AND THERE IS LANGUAGE ON THAT IN THE GUIDANCE AS WELL.

SO IF THERE IS AN ISSUE WHERE YOU HAVE A CIRCUMSTANCE LIKE THIS WHERE THERE MAY NEED TO BE ADDITIONAL INFORMATION DEVELOPED BECAUSE IT WAS NOT CONTAINED IN THE DEIS, THERE IS A, A REGULATORY PROVISION THAT ALLOWS MY UNDERSTANDING WHEN THAT WAS A BIG ISSUE WHEN THEY DID THE LAST REVISION OF THE SEEKER REGULATIONS THAT WAS INVOLVED IN THAT.

IS THAT SEEKER TIME DIRECTORY NOT MANDATORY.

[02:50:01]

OBVIOUSLY IF YOU GET A THOUSAND COMMENTS ON AN FBIS, THEN YOU HAVE TO GO OUT AND DO STUDIES AND WHATEVER.

IT'S GONNA TAKE LONGER THAN 45 DAYS.

THE LAW SAYS YOU'RE SUPPOSED TO BE REASONABLE IN THAT TIME PERIOD.

YES.

NOT SUPPOSED TO TAKE THREE YEARS TO DO IT, BUT IF IT TAKES YOU THREE MONTHS OR TWO MONTHS BECAUSE OF REASONABLE EXPECTATIONS AND BECAUSE YOU ARE RESPONSIBLE FOR THE ADEQUACY AND ACCURACY OF THE INFORMATION IN THAT DOCUMENT.

SO I JUST WANNA HIT ON WHAT DREW SAID IS LIKE I'M, YOU KNOW, THREE YEARS WAS NOT WHAT I WAS ENVISIONING, BUT IF WE END UP WITH A THOUSAND COMMENTS, I DON'T KNOW HOW MANY WE HAD ON THE PROJECT BEFORE, IF WE HAVE 19 DEFICIENCIES THAT WE ARE NOW RESPONSIBLE FOR AND HAVE THE POTENTIAL TO HAVE TO ADDRESS, NEED TO RETAIN POTENTIALLY ADDITIONAL CONSULTANTS, THREE MONTHS MAY NOT BE ADEQUATE.

AND I GUESS UNDERSTANDING FROM YOU, LIKE IF IT THREE DAYS WITH THE PAST YEAH.

THAT IT, YOU KNOW, SIX MONTHS, NINE MONTHS, DEPENDING ON THE VOLUME OF COMMENTS, IF AN ADDITIONAL STUDY IS NEEDED, YOU KNOW, THAT'S ON US.

IS THAT SOMETHING THAT FITS WITHIN WHAT YOU WOULD THINK IS ALLOWABLE? YEAH, I MEAN, AGAIN, IT'S KIND OF A FACT SPECIFIC SITUATION UNTIL YOU SEE WHAT THE COMMENTS ARE, WHAT THE ANALYSIS IS THAT'S NEEDED, THAT KIND OF FLAVORS, WHETHER OR NOT AN AMOUNT OF TIME IS REASONABLE.

BUT WHAT I CAN SAY IS THAT THE REGULATIONS DO CONTEMPLATE THAT YOU MAY NEED COURT CIRCUM DO IT AGAIN.

SORRY.

I MEAN GUYS, THE THING I WANTED SAY WAS CINDY, I DON'T, I, ON ONE HAND I AGREE WITH WHAT YOU SAID AND ON THE OTHER, I DON'T WANNA STICK US WITH A HUGE VOLUME OF WORK THAT WE HAVE TO HIT IN SOME SORT OF, YOU KNOW, WE THEN END UP WITH THAT ONUS WHEN THEY DIDN'T PROVIDE US THAT UPFRONT.

AND, AND I DON'T KNOW THAT THERE'S A, I ALSO SEE THE MERIT OF EXACTLY WHAT YOU SAID OF TRYING TO GET THE PUBLIC, THE LACK COOPERATION ON THE PETITIONER.

THAT'S WHAT WE'RE DOCUMENTING HERE.

I MEAN, SHE'S BEEN ASKED THIS, PETITIONER HAS BEEN ASKED FOR THIS INFORMATION, WE DON'T HAVE IT, BUT WE YET ARE FORCED WITH MAKING SOME SORT OF DECISION OR DOING SOME SORT OF ACTION.

SO, UM, WE LET THE PUBLIC KNOW, I MEAN WE'RE SHOWING 'EM WHEN WE MOVE FORWARD, IS THAT NOT CORRECT BY DOING THIS OPEN NOTICE TO THE TOWN, BASICALLY THEY NOW KNOW IT'S NOT JUST US SAYING WE STILL NEEDED THIS.

YES, I UNDERSTAND ABOUT THE ONUS ON US, I GET THAT PART, BUT I THINK WE'LL DO A BETTER JOB.

AND IT'S, IT'S UNFORTUNATE.

UM, IT'S UNFORTUNATE THAT WE CAN'T GET THAT INFORMATION, BUT THAT'S WHERE I'M THINKING.

BUT THAT, BUT THAT'S ALSO STILL THEN AN ADDITIONAL COST TO THE TIME FOR US TO DO IT.

SO I, I MEAN AT THIS POINT THERE, UH, THE NEXT MEETING IS MAY 3RD, CORRECT? YES.

YOU HAVE 30 DAYS.

LEAD AGENCY HAS 30 DAYS TO RESPOND TO THIS.

UM, I BELIEVE THE 30 DAYS RUNS ON MAY 5TH.

UM, SO THIS BOARD WOULD NEED TO ACT BY THE NEXT MEETING, MAKE A DECISION, UM, SOUNDS LIKE MAYBE SOME FURTHER DISCUSSION EVALUATION IS NEEDED.

UM, WE COULD REACH OUT TO THE APPLICANT, UM, IF, YOU KNOW, PROVIDE THEM AN UPDATE AS TO WHERE THIS DISCUSSION IS AT.

BUT YOU COULD ALSO LET THEM KNOW, UM, SOME OF THESE CONCERNS THAT HAVE BEEN NOTED THIS EVENING WITH RESPECT TO TIMING, COST BURDEN OF PREPARATION.

UM, IF FOR SOME REASON YOU DID MOVE FORWARD AND YET IF THE PETITIONER PROVIDED THAT INFORMATION, IT WOULD PROBABLY SPEED UP THE PROCESS AND CAUSE LESS OF A DELAY.

THERE HAVE BEEN A NUMBER OF REQUESTS THAT HAVE COME FROM THE LEAD AGENCY FOR THAT INFORMATION, RIGHT.

OVER SEVERAL MONTHS MAY I THINK.

NO, I KNOW WHY AND LET THAT, YOU'RE GONNA HAVE TO PROBABLY, UH, AUTHORIZE KIM OR TO PUT TOGETHER TWO DIFFERENT RESOLUTIONS, ONE RESOLUTION TO ACCEPT IT WITH THE, WITH THE EXCEPTIONS AND THEN ONE RESOLUTION TO REJECT IT AND WHATEVER.

BECAUSE IT DOESN'T SOUND LIKE YOU'VE CHANGED YOUR DECISION YET.

YOU HAVE TO MAKE YOUR DECISION ON MAY 3RD.

MM-HMM .

SO UNLESS YOU CAN GIVE A UNANIMOUS DIRECTION TO KIM RIGHT NOW, WHAT TO PREPARE, UM, SEEMS UNLIKELY.

WE AS WELL DO BOTH THEM.

YEAH.

OKAY.

SO THE OTHER THING THAT IS WORTH NOTING, SO, OR I GUESS A QUESTION.

SO 60 DAYS FROM WHEN WE WOULD MAKE A DECISION IS BASICALLY THE 4TH OF JULY.

SO IF WE WERE TO HAVE A MEETING AHEAD OF THAT, WE CAN RETAIN A PUBLIC HEARING.

SO IF WE HAVE 500 PEOPLE SHOW UP AND THEY ALL HAVE COMMENTS, WE CAN CONTINUE TO HOLD THE PUBLIC HEARING OPEN.

YEAH.

AND THEN ALSO IF APPROPRIATE, HOLD ADDITIONAL SESSIONS.

THAT'S CORRECT.

YES.

MM-HMM .

I'VE BEEN INVOLVED IN THOSE , IT WENT ON FOR THREE DAYS.

ON THE TERM, WELL, WE MIGHT NEED TO MAYBE SCHEDULE A COUPLE SESSIONS RATHER

[02:55:01]

THAN, IS THAT THE RECORD? THREE DAYS? THREE DAYS WAS MY RECORD.

I DUNNO IF YOU THAT, 'CAUSE I DON'T KNOW THAT THIS IS THE RIGHT SPACE EITHER.

AND IF WE WERE TO WANNA HOLD A MEETING, TALKING TO THE TOWN ABOUT A, A VENUE THAT WOULD BE APPROPRIATE WOULD BE WORTH, THERE'S ALSO LOGISTICAL THINGS THAT WE WOULD HAVE TO SORT OUT ALL ALONG THE WAY WE'RE HAVE TO ACCOMMODATE ZOOM ALSO.

MM-HMM .

OR FACEBOOK.

YEAH.

SO I MEAN, IT SEEMS UNLIKELY THAT WE'RE GONNA BE ABLE TO GET IT DONE AT ONE MEETING.

RIGHT.

AND IF YOU ACCEPTED IT ON MAY 3RD, YOU PROBABLY WOULDN'T BE ABLE TO HOLD A MEETING, THE MEETING UNTIL, UH, THE SECOND MEETING IN JUNE BECAUSE YOU NEED ADVERTISEMENT OF THAT PUBLIC HEARING, ET CETERA.

CORRECT.

ADVERTISEMENT OF IT AND HAVING THE DOCUMENTS AVAILABLE AND ON A WEBSITE AND, AND LOAD THEM AND HAVE THEM AVAILABLE FOR PUBLIC REVIEW.

SO WE'LL HAVE TO WORK OUT THE LOGISTICS OF THAT.

ALSO, THERE IS A LOT OF INTEREST IN THIS PROJECT PROJECT AND AS, AS CINDY SAID, THE ONE MAJOR POINT IS THERE'S A LOT OF PUBLIC OUT THERE WHO WANTS TO COMMENT ON THIS DOCUMENT.

IN FACT, WE'VE RECEIVED COMMENTS ALREADY AND I KEEP SAYING WE CAN'T COMMENT ON IT YET.

IT'S REALLY NOT PART OF THE RECORD UNTIL IT'S ACTUALLY ACCEPTED.

I MEAN, WE HAVE LETTERS FROM GOOGLE.

OKAY.

SO I CAN PREPARE BOTH OF THOSE RESOLUTIONS AND THEN WE CAN ALSO, UM, PROVIDE THE APPLICANT UPDATE.

ALRIGHT, THANKS.

AND THIS WAS ALREADY SCHEDULED FOR THE NEXT MEETING, SO WE DON'T HAVE TO DO ANYTHING IN ADDITION AS FAR AS THAT GOES.

SO, UM, WE HAVE MINUTES FROM MARCH, MARCH, UH, THE SECOND MEETING IN MARCH THAT WE DID NOT APPROVE LAST TIME BECAUSE 15TH.

I WAS GONNA GUESS THAT.

ALL RIGHT, SO WE WE HAVE MINUTES FROM MARCH 15TH.

I CAN WE CONFIRM WHO WAS AT, I KNOW THERE WERE SOME PEOPLE THAT MISSED MEETINGS.

CAN WE JUST CONFIRM WHO WAS AT THAT AND WHO'S ELIGIBLE TO VOTE THINKING I DON'T EVEN, YOU WEREN'T HERE.

RIGHT HERE, HERE.

YOU WERE HERE LAST MEETING.

YOU WERE HERE AT THE LAST MEETING.

YOU WERE OUT THE 15TH.

YOU WERE HERE AT THE LAST MEETING.

YEAH, CAITLIN WAS OUT YOUR LAST MEETING.

I WAS OUT.

SO SORRY.

THAT'S WHY I'M JUST WANTED TO PULL THAT OFF TO MAKE SURE THAT WE KNEW THREE WERE.

SO DENNIS, YOU WERE NOT THERE.

YEAH, THREE 15 HAS ALL OF US, BUT DENNIS, ALL OF US, BUT DENNIS AND THAT WAS THE MEETING.

THAT WAS I, YES.

OKAY.

SORRY.

OKAY.

SO I WILL MAKE A MOTION TO ACCEPT THE MINUTES OF THE MARCH 15TH MEETING AS TYPED MOTION BY BILL.

SECOND BY SECOND.

SECOND BY CINDY.

ALL IN FAVOR? AYE.

AYE.

AND OF SAY AYE.

JUAN OF UH, WE DID NOT GET MINUTES FROM LAST TIME.

YES, WE DO.

WE DID.

WE GET MINUTES FROM THE APRIL.

APRIL 5TH, SARAH.

AND THAT'S THE ONE SHE SAID WE DIDN'T ADJOURN AND YOU SAID YES WE DID.

AND THEN SHE SENT US AMENDED ONES.

BUT THE 9 55 ADJOURNED TIME.

YEAH.

YES.

AND THAT WAS THE MEETING I WAS NOT YET.

SO I WONDER WHAT, YOU KNOW, I DON'T REMEMBER THERE IN LIKE 10.

IIII DO REMEMBER GETTING THOSE BACK AND FORTH EMAILS.

OH YEAH.

THEY, OKAY.

WHAT'S THE DATE OF FOUR FIVE? OH, THE DATE OF THE EMAILS? THIS APRIL 10TH.

YOU DON'T I DON'T HAVE THAT.

NO, THAT'S THE ORIGINAL.

THIS APRIL 10TH I HAVE IS THE ONE THAT DOESN'T SAY THAT IT WASN'T A JERK.

ALRIGHT, WELL, SO I GOT THE EMAIL, SHANE.

YEAH.

YEAH.

SO APRIL 10TH WAS, WAS ORIGINALS AND SAME DAY WE GOTTA, AND IT'S ATTACHED TO THAT.

IT SAYS, CAN'T SEEM TO EMAIL DAN, CAN SOMEONE SEND THESE TO HIM? NOBODY DID.

NOBODY DID.

THAT WAS, THAT WAS REALLY NICE.

YOUR EMAIL.

I DO WE EMAIL YOUR EMAILS ON HERE? I GET, I GET IT FROM JOSH.

I I I HAVE DAN'S EMAIL ADDRESS AND I GET IT FROM DREW MEETING YOU'RE ON.

I JUST THINK THERE MUST BE, MUST BEEN.

I'LL SPELL D-A-N-I-E-L-S-W-E.

OH THAT'S WHY.

THAT'S S-Z-S-Z-E-W-C.

OH, THAT'S, THERE YOU GO.

THAT WILL DO IT EVERY TIME.

SEND FORWARD THIS WITH THE CORRECT.

YEAH, I DO ALL TAKE A LOOK.

I JUST SENT IT TO YOU.

HOPEFULLY YOU GET IT.

[03:00:04]

UM, WHILE WE'RE WAITING FOR DAN TO PERUSE THOSE MINUTES.

YEP.

WAS THERE, THERE WAS A JOB POSTING THAT REQUIRED OUTRIGHT FOR PLANNING SUPPORT.

DID THE TOWN HIRE ANYBODY? GIVE, PROVIDE PLANNING SUPPORT TO THE DEPARTMENT? UM, SO IT DIDN'T SEND IT TO YOU, DAN? OKAY.

YEAH.

NO, NOT YET.

NOT YET.

OKAY.

THANK YOU.

WE ARE WORKING ON IT.

OH, I SPELLED IT WRONG TOO.

PLANNING BOARD.

DAN.

LIKE PLANNING BOARD AT DAN.

S-Z-E-W-C.

YEAH, SO, SO MINE GOT KICKED BACK ALREADY.

SO, UH, IS THIS STILL? YOU GUYS ARE DOING GREAT, HUH? OH, UH, WC JOSH FORD.

THEN TEAM ON THE, NO, JUST WC.

SZE WT.

YEAH.

ALSO SOMEBODY DID SEND THEM TO YOU.

JOSH.

HI JOSH.

THEM YOUR JOB CRUSH IT.

WE HAD OPENING FOR A PLANNER.

.

DREW'S LIKE, PLEASE DON'T GOOD.

DREW'S LIKE, YOU ALSO COULD VOTE WITHOUT JOSH.

WE ALRIGHT.

JUST SO RIGHT.

YEAH.

MARGO, YOU WERE HERE LAST MEETING, RIGHT? THERE'S ENOUGH.

ALL RIGHT.

UM, SO I'LL MAKE A MOTION TO ACCEPT MINUTES FOR THE APRIL 5TH MEETING AS TIGHT.

THAT'S A MOTION BY BILL.

SECOND BY SECOND.

CINDY.

ALL IN FAVOR? AYE.

AYE.

ABSTENTIONS.

ONE, TWO.

ABSTENTIONS, DAN SECOND.

NO, I DID FIND THAT.

DON'T BE UP TO JOSH DID SEND THEM TO ME.

TWO ONE.

SEE WHERE MY NAME IS SPELLED? ALRIGHT.

YOU WANNA DO IT? OH YES.

MOTION TO ADJOURN.

OKAY.

SO MOTION BY DAN.

SECOND BY CAITLYN.

ALL IN FAVOR? A AYE.

MOTION CARRIED.

WE, UH, TURN OFF THE, SO I.