* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:15] WENDY'S GONNA BILL IF WE, BUT SHE WOULDN'T DO THE WAY, THE WAY WENDY DOES IT. SHE WOULD IF SHE THE THANK YOU. ARE YOU EVEN ABOUT THAT DAY? NOT INTENTIONALLY, BUT ACCORDING TO DAN , THEY, YEAH. TWO WEEKS AGO, I THINK RAN THE STORY FOR TELLING ME, HEAR SOMEBODY THAT WHAT YOU'RE TALKING ABOUT, WELL, I'M GLAD THAT ITS, I DIDN'T TAKE IT. AND THAT, UM, THAT IS HOW HE INTERVIEWED US FOUR SEPARATELY. I RAN THAT BY EVERYONE. I WAS LIKE, SO IF I TELL THE NEWS THAT NONSENSE, WELL IT'S, AND THEN DRY UP LIKE UNDERSTAND, UM, AGAINST A, BOTH OF US. YOU GUYS KNOW FOR THIS ONE? FOR THIS ONE, YOU OR NOT? THAT'S, THAT'S THE, THAT'S WHAT I, WE WENT WELL THAT'S NOT, THAT'S SPEAKING. IT WAS, I WOULD SAY THIS. YEAH. RIGHT, RIGHT. AND OUR, SO I CAN, SO IT'S TAKING MY RISK. [00:05:09] ALRIGHT, LET'S GET STARTED WITH THE WORK SESSION HERE. FIRST ITEM ON THE AGENDA IS MIKE MOLER REQUESTING SITE PLAN WAIVER FOR A PROPOSAL TO CONSTRUCT A PAVILION ADDITION AT 3 0 4 1 M STILL ROAD. YES SIR. WHO DO I DISTRIBUTE TO? ALL OF US. YOU ALRIGHT? SO THANK YOU. THE SIXTH. DID YOU NOPE. HAVE ANY, DOESN'T TAG YET. AHEAD. LIVE NOW. ALRIGHT, THANKS. RECORDER ON. UM, IT'S RECORDER ON. NO, RIGHT NOW. IT'S OKAY. SO, OR UH, A GARAGE OR A HOUSE? UH, RIGHT NOW. CAN I START OUT WITH MY WHOLE THING? YES. YEAH. GO THING. UH, THANK YOU . UH, MY NAME IS MIKE MOLER. I'M THE OWNER OF AM CELL ICE CREAM. UH, I THE AM CELL ROAD IN THE TOWN. UM, THIS, WE'RE GOING INTO OUR 10TH SEASON THIS YEAR. UH, WE HIRE CURRENTLY HIRING 23 EMPLOYEES THIS YEAR. YOUNG ADULTS AND ADULTS, UM, LOOKING TO BUILD A PAVILION, UH, WHICH IS IN YOUR TONGUES. YOU'LL SEE, UH, THE PIZZA AND PINTS THAT'S IN THE VILLAGE. IT'S THE SAME EXACT OTHER THAN HE'S GOT AN EXTRA PEAK THAT STICKS OUT. THERE'S JUST GONNA BE A REGULAR PAVILION, UH, BUILT BY THE SAME COMPANY THAT HAS BUILT HIS, UM, THERE'S GONNA BE NO POWER TO THIS BUILDING AND NO WATER OR ANYTHING LIKE THAT. GOING OUT TO THAT, TO THAT BUILDING. IT'S GONNA BE INSIDE MY FENCED IN AREA. IT'S GONNA BE RIGHT NOW PROPOSED, UH, APPROXIMATELY EIGHT FEET, 10 FEET OFF THE, MY INSIDE OF MY FENCE LINE. I HAVE A LOT OF SPACE BACK THERE AND A LOT OF REAL ESTATE FOR 16 BY 20 PAVILION. RIGHT NOW. THERE IS NOTHING THERE. THERE USED TO BE AN EXISTING GARAGE ON THE PROPERTY THAT WAS CLOSER TO THE BUILDING THAT SHOWS, I BELIEVE ON THE, THE ORIGINAL SURVEY. BUT THAT IS WHEN I PURCHASED, I TOOK THAT DOWN 'CAUSE THAT WAS DEFINITELY UNSAFE. BUT NOW WE'RE LOOKING TO PUT THAT ALL THE WAY IN THE CLOSER TO THE REAR OF THE PROPERTY, INSIDE OF THE FENCE LINE. SO IT'D BE THE, UH, INSIDE THE AREA THAT'S FENCED. SO IT'S YES, SIR. RIGHT IN THE, THE HIGHLIGHTING. YELLOW WOULD BE THE PAVILION. UM, YOU, YOU MIGHT HAVE MY COPY, WHICH MIGHT NOT HAVE HIGHLIGHT ON THAT. RIGHT. OKAY. SO THIS IS JUST TO ADD OUTDOOR SEATING AREA BASICALLY. RIGHT. CURRENTLY I HAVE NO SHELTER BACK THERE AT ALL. WE USED TO HAVE BEAUTIFUL TREES OVER THE LAST COUPLE YEARS DISEASE. AND THOSE WERE WELL OVER A HUNDRED YEAR OLD TREES. AND I HAD BIG PIECES WRAPPED AND JUST HAD THOSE TAKEN DOWN THIS YEAR. UH, BEFORE, WELL, DURING, AS SOON AS WE OPENED UP BECAUSE THEY WERE DEFINITELY UNSAFE. SO I HAD TWO TREES REMOVED AND NOW THERE IS ABSOLUTELY NO SHELTER BACK THERE AT ALL. SO WE'RE LOOKING TO PUT UP A SHELTER AND NOT A LOT OF SHADE EITHER. PLUS THAT PARKING LOT, THERE'S NO SHADE, RIGHT? SO THERE NEEDS TO BE A LITTLE SOMETHING BACK THERE. PLUS, YOU KNOW, WITH, YOU NEVER KNOW WHAT THE, WHAT THE WEATHER. BUT I HAVE, UH, WHEN IT, WHEN IT RAINS, PEOPLE STILL ARE COMING OUT FOR ICE CREAM. UH, IT'S GONNA BE A SMALL SHELTER, MAYBE TWO OR THREE PICNIC TABLES INSIDE OF IT. AND UH, IT'LL GIVE SOME PEOPLE A PLACE TO ACTUALLY HIDE. WE USED TO HAVE INSIDE SEATING IN AT MLA CREAM, UH, F WHEN COVID HIT AND WE WERE, WE HAD TO CLOSE OFF THE INSIDE. WE DID REMAIN OPEN DURING COVID. UH, BUT NOW SINCE COVID, WE ACTUALLY CLOSED THE INSIDE BECAUSE WE REALIZED WE NEEDED MORE FOR STORAGE. UH, TRYING TO GET MORE PRODUCT, HARD TO GET PRODUCT, UH, IN SOME CASES BECAUSE OF TRANSPORTATION ISSUES. BUT WE REALLY TOOK THAT SPACE OVER. SO THERE'S NO MORE INSIDE SEATING. THERE ARE TWO RESTROOMS THAT ARE STILL ACCESSIBLE FOR MY CUSTOMERS OR TO THE PUBLIC THAT ARE, IS ACCESSIBLE IN THE BUILDING, BUT NO MORE INSIDE SEATING. SO I THINK YOU'VE GOT, [00:10:01] GO AHEAD. YOU HAVE, UM, SIX CONCRETE PEERS, BUT THERE ISN'T NECESSARILY A CONCRETE PAD THAT IT'S SITTING ON. SO WHAT'S THE RIGHT IS THAT ALL INTEGRATING WITH THIS? OKAY, WHEN I TALKED, WHEN I SPOKE WITH THE, UH, WITH THE BUILDER, UM, O'BRIEN, HE, I SAYS, DO YOU WANT THE CONCRETE IN FIRST OR DO YOU WANT IT IN LAST? AND HE SAYS, LAST WOULD BE BETTER FOR HIM. MM-HMM . SO ONCE HE PUTS HIS UM, THE SHELTER IN PLACE, THAT'S WHEN THE PAD'S GONNA GO DOWN. SO IS THE PAD GOING TO THEN CONNECT TO ANY OF THE UM, ANY OF THE EXISTING, UH, SIDEWALKS OR THERE YOU CAN, THERE'S, YES, THERE'S EXISTING SIDEWALK THAT COMES IN OFF MY PARKING LOT AND IT WILL BE ACTUALLY RIGHT UP AGAINST THAT AND UP AGAINST MY SEATING AREA. I DON'T KNOW IF YOU'VE BEEN THERE, BUT IT WILL BE CONNECTED TO THIS SO YOU'RE NOT WALKING THROUGH. IT'S HARD ENOUGH GROWING GRASS. 'CAUSE THE ONLY TIME I CAN GROW GRASS IS DURING THE SEASON WHEN I'M OPEN AND THAT'S WHEN ENOUGH PEOPLE ARE BACK THERE. SO I CAN'T GROW GRASS. IT'S IMPOSSIBLE. SO THAT WILL BE PAVED. THERE WILL STILL BE GRASS AREA, BUT IT'LL BE PAVED TO MY WALKING AREAS. SO YOU WON'T HAVE TO WALK THROUGH THE MUD OR GRASS AREA TO THE PAVILION AND ALSO ALLOW FOR A DA EXCESSIVELY. YES. YES. BILL, IF YOU WOULDN'T MIND, BECAUSE I KNOW WE HAVE SOME NEW PEOPLE. THIS IS UNUSUAL PROCESS HERE. THE TOWN CREATED A SITE PLAN WAIVER LAW PROBABLY 15 YEARS AGO OR SO. THE SITE PLAN WAIVERS LAW SAYS IF YOU HAVE ACCESSORY STRUCTURES UNDER CERTAIN SIZE, WE WOULD, UH, FOUR PEOPLE, THE PLANNING BOARD CHAIR, THE PLANNING DEPARTMENT, THE ENGINEERING DEPARTMENT AND THE BUILDING DEPARTMENT WOULD LOOK AT AND DECIDE IF IT WARRANTED A SITE PLAN WAIVER. FOR THE LAST YEAR THOUGH, AFTER CURRENT ALLEN LEFT AND WHATEVER, WE'VE MADE THE POLICY THAT WE WOULD AT LEAST SHOW IT TO YOU AND MAKE SURE YOU AGREE WITH THE IDEA OF DOING A SITE PLAN WAIVER. NORMALLY THESE WOULD NOT COME TO THE PLANNING BOARD, BUT FOR THE LAST YEAR WE'VE BEEN CONSISTENT. YOU HAVE SEEN, WE BROUGHT, BLESS YOU. WE BROUGHT SITE PLAN WAIVERS TO THE PLANNING BOARD JUST TO, SO YOU CAN SEE WHAT'S GOING ON OUT THERE AND, AND MAKE ANY RECOMMENDATIONS. YOU COULD MAKE THE STRONGEST RECOMMENDATION THAT WE BELIEVE THIS NEEDS SITE PLAN APPROVAL AND YOU'D NEED A FULL SITE PLAN APPLICANT CENTER OR JUST PROVIDE US SOME INPUT AS THE TOWN IS GONNA DO THE FINAL REVIEW OF THE BILLING INSPECTOR AND BILL. AND WE'RE GONNA MAKE SURE OF THAT. AND AGAIN, IT'S A SITE PLAN WAIVER SIGNED BY, SIGNED BY THOSE FOUR ENTITIES TO DO THAT. BUT I JUST WANNA LET YOU KNOW WHY IT'S HERE. IF YOU READ THE LAW, YOU WOULD SAY, WHY IS THIS HERE? IT MEET THE REQUIREMENTS. BUT WE'VE BEEN TRYING TO SHOW THE PLANNING BOARD. WHAT'S THAT? WHAT'S THE SIZE OF REQUIRE THE WAY IT'S EIGHT 80. YEAH, YOU'RE BUILDING WHAT SIZE? UH, 16 BY 20. SO, WHICH IS WHAT SIZE? WELL, AND I DON'T, IT'S NOT EVEN NO, IT'S LIKE 1500. NO, IT'S, IT'S NOT WELL IT'S, IT DOESN'T MEAN IT, IT'S IT'S SMALL AND IT'S ACCESSORY STRUCTURE. IF IT WAS A PRIMARY STRUCTURE, IT WOULD BE HERE. THERE'S NO DOUBT ABOUT THAT. SO AGAIN, KEEP ASKING THE QUESTIONS. YOU'RE HELPING US. 'CAUSE IN THE END, CAMI, I AND THE BUILDING DEPARTMENT, IF WE'RE GONNA ISSUE A SITE PLAN WAIVER, WE WANNA MAKE SURE THAT ISSUES ARE ADDRESSED. IT'S NOT AS SIMPLE AS, YOU KNOW, YOU ARE PUTTING SOME PAVING AND, AND WHATEVER AND, AND ISSUES. SO I JUST WANNA LET YOU KNOW, 'CAUSE IF YOU PULL OUT THE LAW AND YOU WOULD LOOK AT IT AND GO, WHY IS THIS HERE? BUT WE HAVE BEEN REFERRING THESE JUST TO GET INPUT FROM THE PLANNING BOARD AND THE PLAN MEMBER UNDERSTANDS THE ISSUES WE DEAL WITH, WITH WHAT THESE SITE PLAN WAIVERS ARE ABOUT. YOU KNOW. SO THIS STRUCTURE, IF IT WAS THE ONLY THING ON THE LOT, IT WOULD BE HERE FOR SITE PLAN APPROVAL. SO, SO A VACANT LOT AND I WANTED TO PUT UP A PAVILION AND PUT A A PICNIC TABLE UNDER IT'S SITE PLAN APPROVAL. YEP. UH, IF IT'S A PRIMARY USE, WE DEFINITELY BRING IT THERE. UH, BRING IT, BRING IT HERE. WE'VE ALWAYS RECOMMENDED THAT ACCESSORY STRUCTURES SMALL, YOU KNOW, GARAGES, OTHER USES, WE'VE DONE SITE PLAN WAIVERS FOR, BECAUSE YOUR LAW STILL SAYS ANYTHING THAT REQUIRES A BUILDING PERMIT OTHER THAN RESIDENTIAL STRUCTURES REQUIRES SITE PLAN APPROVAL. THEN WE PUT THAT SITE PLAN WAIVER IN. 'CAUSE WE WERE OVERLOADING THE PLANNING BOARD WITH 2030 PROJECTS OF THESE LITTLE THINGS THAT SHOULD BE BUILDING PERMITS. SO WE PUT THE SITE PLAN WAIVER LAW, I JUST WANNA EXPLAIN WHY IT'S HERE. 'CAUSE YOU'LL BE DEALING WITH THOSE. AND UNTIL WE CHANGE THE POLICY, WE'VE BEEN SENDING THESE HERE TO GET YOUR INPUT AT A WORK SESSION MEETING. THIS IS A FORMAL MEETING. WE DON'T HAVE FULL PLAN. YOU HAVE A PACKET FROM THE, FROM THE APPLICANT. SO I JUST WANTED TO EXPLAIN THAT. THANK YOU. OKAY. SO THE DECISION WE HAVE TO MAKE IS WHETHER OR NOT WE WANT TO COME BACK FOR A FULL THING OR IF IT'S ENOUGH THAT WE DON'T HAVE, I'LL GO. JUST TWO QUESTIONS. YES SIR. THEY PROPOSE SHELTER THAT'S ON OR THAT'S JUST NOT AGAIN AT ALL? I WAS GOING TO DO THAT BEFORE COVID. I'M GLAD I DIDN'T HAVE THE OPPORTUNITY TO, UH, WOOD PRICES SHELTER THE ROOF. RIGHT. THAT LOOKED, THAT WAS MY ORIGINAL BLUEPRINTS WHEN I HAD IT DONE. OKAY. BUT THAT IS WAY TOO CLOSE TO MY BUILDING. OKAY. I, I'M NOT HAPPY. I'M GLAD IT DIDN'T HAPPEN. . AND, AND WHAT ARE THE PICTURES THAT WE HAVE HERE? THE PICTURES? I ASKED THE BUILDER FOR A BROCHURE OR SOMETHING. UH, A PLANNING BOARD ACTUALLY, OR NOT PLANNING. UM, WHEN I SPOKE WITH ANNALISE, UH, LOOKING FOR FINAL PRODUCT, WHAT IT LOOKS, WHAT IT'S GONNA LOOK LIKE. SO THAT WAS PROVIDED BY MR. O'BRIEN, [00:15:02] UH, THE CONTRACTOR. ALRIGHT, SO ANYBODY THINK, DOES ANYBODY THINK IT NEEDS TO GO THROUGH THE FULL SITE PLAN PROCESS? ALRIGHT. AND ARE THERE ANY COMMENTS FOR, I MEAN OBVIOUSLY CAM CAMRY'S GONNA LOOK AT THE DRAINAGE AND STUFF LIKE THAT. THE BUILDING INSPECTORS GONNA MAKE SURE THEY NEED ALL SETBACK REQUIREMENTS. IS THERE ANYTHING ELSE WE SHOULD PAY ATTENTION IN ISSUING THAT SITE PLAN WAIVER? WE'RE ASKING SOME GOOD QUESTIONS THERE. ANYTHING ELSE? NO, I DON'T, I MEAN, I DON'T THINK IT GETS MONEY BACK THERE AT LEAST WHEN THE TREES, I HAVEN'T BEEN THERE I GUESS SINCE THE TREES CAME DOWN. SO I DON'T KNOW. THE DRAINAGE IS GONNA BE MUCH OF AN ISSUE. AND SO ANNALISE WILL PUT TOGETHER, BASED UPON YOUR DIRECTION, WE'LL PUT TOGETHER A CYCLING WAIVER FORM. ENGINEERING WILL REVIEW THE DOCUMENTATION. BUILDING DEPARTMENT WILL RESUME IT TOO. AND THEN BUILD THE FINAL CHECK TO MAKE SURE WE DID OUR JOB BECAUSE YOU RECOMMENDED A WAIVER AND HE'LL SIGN THAT AND SAY IT'S FINE. OKAY. ALRIGHT. SOUNDS GOOD. OKAY. THANK YOU. THANK YOU VERY MUCH. DOES ANYBODY HAVE A PACKET TO GIVE? YOU CAN SEE IT. YOU HAVE A PACKET OF THIS INFORMATION. IS THERE ANYTHING ELSE YOU NEED FOR NEXT ITEM ON THE WORK SESSION IS 7 1 6 STORAGE LLC REQUE REQUESTING SKETCH PLAN DIRECTION ON AMENDED PROPOSAL OF A 71,400 SQUARE FOOT SELF STORAGE FACILITY ON BACON LAND LOCATED AT THE SOUTHWEST CORNER OF SOUTH PARK AVENUE AND SOUTHWESTERN BOULEVARD. YES. GOOD EVENING. CHAIRMAN CLARK AND MEMBERS OF THE PLANNING BOARD JOHN HOPKINS ON BEHALF OF THE APPLICANT. 7 1 6 SELF STORAGE LLC. ALSO WITH ME THIS EVENING ARE BRIAN BURKE, MARK WAHLBERG AND GREG STO. AS YOU'LL RECALL, YOU LAST SAW THIS PROJECT DURING YOUR MEETING ON APRIL 19TH. AT THAT POINT IN TIME, YOU GRANTED SITE PLAN APPROVAL AFTER YOU HAD GRANTED SITE PLAN APPROVAL. THERE WAS SOME DISCUSSIONS WITH THE OWNER OF THE DOGGY DAYCARE, WHICH IS LOCATED HERE, AND THERE WAS SOME UNCERTAINTY OR UNCLEARNESS IN THE LEASE RELATIVE TO WHEN THEY NEEDED TO LEAVE. AND AS A RESULT OF CONTINUED DISCUSSIONS, INCLUDING MARK AND GREG READING MEETING WITH THEM MOST RECENTLY, WE DECIDED TO LET THEM STAY IN PLACE. THEY'D LIKE TO LEAVE THE BUSINESS THERE. THEY ACTUALLY HAVE AN OPTION TO EXTEND THE LEASE AS WELL. SO WE MADE SOME MODIFICATIONS TO THE PLAN AND BASICALLY WHAT WE DID IS WE CUT OUT AT APPROXIMATELY 0.5 ACRE PARCEL AND WE HAD TO REDUCE THE SIZE OF THE BUILDING BY 2,800 SQUARE FEET. SO WE WENT FROM WHAT WAS ORIGINALLY 71,400 SQUARE FEET ON A PARCEL THAT WAS 5.1 ACRES TO 68,600 SQUARE FEET ON A PARCEL. IT'S 4.6 ACRES. AS YOU'LL ALSO RECALL, ORIGINALLY THE BIGGEST ISSUE THAT THE PLANNING BOARD ORIGINALLY HAD WITH THIS PROJECT GOING BACK TO LAST YEAR WAS THAT ORIGINALLY WE HAD A, SOME, UH, OUTDOOR STORAGE COMPONENT HERE, AS YOU'LL RECALL, BASED ON END WE RECEIVED FROM YOU, WE REPLACED THOSE WITH BUILDINGS AND MARK DID GET AN UPDATED ELEVATION. THAT IS THE VIEW SHED LOOKING AT APPROXIMATELY THIS ANGLE. CHRIS WOOD HAS ALSO UPDATED THE LANDSCAPING PLAN IS ON THE BACK. AND YOU'LL SEE WE'RE BASICALLY CARRYING FORWARD THE VISION. WE TOOK THAT DECORATIVE LANDSCAPING FEATURE, WE MOVED IT HERE, AND THE ONLY PLACE THAT WE MAYBE REMOVED A LITTLE BIT OF LANDSCAPING WAS BETWEEN THE EXISTING PROPERTY LINE AND THE BUILDING. THERE'S A FENCE THERE. IT JUST, IT WON'T BE VISIBLE. IT'LL BE TOUGH TO MAINTAIN OTHERWISE. WE'RE TRUE TO THE ORIGINAL LANDSCAPING VISION THAT WE ESTABLISHED AS A RESULT OF SUBSTANTIAL INPUT. SO WE'RE HOPING, GIVEN THIS IS A REDUCTION IN THE SIZE AND SQUARE FOOTAGE, AND ALSO THE FACT THAT WE'RE ALLOWING AN EXISTING BUSINESS TO STAY IN PLACE, WHICH WANTS TO STAY IN PLACE AND WE SEE 'EM AS BEING COMPLIMENTARY, WE'RE HOPING THAT YOU COULD BE IN A POSITION TO JUST STATE THAT THIS IS APPROVED. I AND OF COURSE WE'D WELCOME ANY QUESTIONS FROM THE BOARD AFTER CAITLYN LOOKS AT THE LANDSCAPING PLAN. NOW, SEAN, YOU MOVE THE BUILDING BACK A LITTLE CLOSER TO RILEY AND PUSH IT OFF. YEAH, VERY LITTLE THOUGH. AND THEN YOU REMOVE THE STORM ORDER POND. THAT WAS ALONG RILEY AND WE FLIPPED IT. WE, YEAH, SO WE FLIPPED IT AGAIN. SO WE FLIPPED THE, THE STORMWATER POND OBVIOUSLY BECAUSE THAT'S THE, THAT'S THE AREA WHERE IT WILL FIT. IT IS IMPORTANT TO NOTE THAT WHILE YOU GAVE SITE PLAN APPROVAL ON APRIL 19TH, THERE'S A SERIES OF CONDITIONS WE STILL HAVE TO SATISFY. ONE OF WHICH OF COURSE IS SUBMISSION. A FULLY ENGINEERED PLANS BY CARMINA WOOD DESIGN THAT CAMMI WILL NEED TO SIGN OFF ON, INCLUDING STORMWATER QUALITY AND STORMWATER QUALITY QUANTITY ASPECTS OF THE PROJECT, WHICH WE'RE VERY FAMILIAR WITH. W WITH DOGGY DAYCARE STAYING THERE ARE, ARE YOU GONNA BE WITHIN THE, UH, SETBACK REQUIREMENTS NOW TO YEAH, WE, WE COMPLY WITH SETBACK REQUIREMENTS. [00:20:01] YES, WE DID. JOHN, THE OTHER THING I NOTICED, THE ONE CONDITION WAS IT WAS PUTTING IN SIDEWALKS ALONG BAYVIEW ROAD, WHICH YOU'RE NOT BEEN ABLE TO PUT SIDEWALKS IN THE AREA WHERE DONKEY DAYCARE IS. IT LOOKS LIKE IT ENDS HERE. YEAH, WE'LL PUT IT ALONG OUR FRONTAGE. UNFORTUNATELY WE CAN'T PUT SIDEWALKS ON THEIR PROPERTY. YES, BUT IT WASN'T, THAT'S ON A LEASE ON A TON OF LEASE. I MEAN I GUESS WE CAN LOOK AT THAT, RIGHT BRIAN? WE CAN TAKE A LOOK AT THAT. KIND OF SILLY THAT THE SIDEWALK, ESPECIALLY THIS IS THE AREA THAT WE'RE DOING SAFE ROUTES TO SCHOOL. WE WANNA MAKE SURE THE KIDS CAN WALK. RIGHT. IT'D BE SILLY TO END IT AND NOT HAVE IT END UP AT, AT SOUTH PARK THERE. FAIR ENOUGH. SO I DO WANNA NOTE THAT ONE OF THE ISSUES DREW, WE'LL LOOK AT THE LEASE. IT'S A TRUE BROWN LEASE AND THAT THEY DON'T JUST LEASE THE BUILDING, THEY LEASE THE ENTIRE FILE. OH. SO THIS THANK YOU. LEASE IS IS PART OF THIS DEVELOPMENT. CORRECT? LIKE THE ROAD, IT'S IT'S COMMON. IT IS. SO AS YOU RECALL, THAT'S THE PARCEL THAT GIVES ACCESS TO THE CAR WASH AND WE PRESERVED ACCESS TO THIS SITE AS WELL. YES. SO SINCE YOU LOST THE LANDSCAPING ON THAT CORNER MM-HMM . IS IT POSSIBLE TO PUT SOME OF THESE LOWER FLOWER SHRUB BEDS IN ON THIS PIECE TO YEAH, I THINK WE COULD PUT SOME, YEAH. TO DO A LOT, LIKE A LOT SKINNY FEATURE HERE. YEAH, I THINK WE COULD PUT COMPENSATE BIRDS THE LOST OF THE CORNER. SURE. LIKE VAN A WHITE UP HERE. CUMBERSOME. WHAT YOU'RE MAKING EXCUSE. YEAH. THAT IS SOLD BY USELESS IS WHAT HE CLAIMED. WOW. IT GOT RIP SOMEBODY OFF. I MEAN THAT WOULD BE MY ONE COMMENT. LIKE IN ADDITION TO THIS, MAKING SURE THAT WE IMPROVE THE SIDEWALK SITUATION IS IF WE COULD ALSO KEEP THE, THE LANDSCAPING THAT YOUR BIG DECISION IS WHETHER YOU CONSIDER THIS A MINOR CHANGE, THEN THE SITE PLAN APPROVAL REMAINS IF YOU HAVE TO DO AN AMENDED SITE PLAN APPROVAL. UNFORTUNATELY WE HAVE TO CALL A PUBLIC HEARING. WE HAVE TO REISSUE THE AMENDED CYCL PLAN MOVEMENT. SO THAT'S THE BIG QUESTION HE'S ASKING. SEEMS LIKE KIND A BIG, I MEAN I DON'T THINK THE CHANGE IS DRAMATIC, BUT YOU'RE CUTTING OUT AN ENTIRE PARCEL IN ANOTHER USES REMAINING AS OPPOSED TO GOING AWAY. THAT SEEMS LIKE A BIG BUT A REDUCTION, SUBSTANTIAL CHANGE. BUT I AGREE THAT IT'S A REDUCTION. I DON'T KNOW THAT IT NEEDS, I THINK THAT TOTALLY RELATIVELY EASILY ADDRESSED. BUT IT'S, IT'S A, THERE'S A BIG CHANGE. YOU'RE HAVING AN ENTIRE ADDITIONAL USE FOR MAIN, UM, ON THAT AREA AS OPPOSED TO THE CODE. YEAH. IT WOULDN'T CHANGE THE SEEKER. NO, IT'S, AGAIN, IT'S A REDUCTION AND THIS WASN'T ONE WHERE THERE WAS, YOU KNOW, PUBLIC CONTROVERSY AT ALL. SO I DON'T THINK IT'S A, YOU KNOW, A BIG DEAL FROM THAT PERSPECTIVE. AND IF YOU WANTED TO RENT THE, THE MINOR SITE PLAN SUBJECT TO THOSE TWO CONDITIONS THAT WE MODIFY THAT LANDSCAPING AND WE'D LOOK AT EXTENDING THE SIDEWALK, WE, WE WOULD ACCEPT THOSE CONDITIONS IN ADDITION TO THE ORIGINAL CONDITIONS. ANYBODY ELSE HAVE ANY OPINIONS ABOUT WHETHER OR NOT WE RAN AHEAD? JUST GO THROUGH THE, THE WHOLE PROCESS OR? YEAH, I DON'T THINK IT NEEDS TO, I THINK IT'S A REDUCTION. EVEN THOUGH THERE'S AN ADDITIONAL BUSINESS. I THINK IT'S BEEN, UM, IT'S BEEN AN EXISTING BUSINESS. IT'S NOT SOMETHING BRAND NEW THAT THEY'RE BRINGING IN. YOU KNOW, IT'S ALREADY BEEN THERE AND AS A RESULT THEY'RE KEEPING IT THERE. SO IT'S, IT'S, YOU KNOW, STATUS QUO SO TO SPEAK. AND I THINK THAT, UM, MAKING THEM JUMP THROUGH ALL, AND AGAIN, I, I DON'T FEEL THAT IT'S NECESSARY. JUST TO CONFIRM, SEAN, THAT IS NOT A LOT TO AGREE THERE. IT'S STILL A LAND LEASE SO THAT, THAT IS A PARCEL AS IT EXISTS TODAY. OKAY. SO IT'S JUST THE OTHER DRAWING DID NOT SHOW THAT. IT SHOWED YOU JUST GOING ONTO THAT LOT. THE OTHER DRAWING THAT PART THAT LOT IS, THAT IS A LOT OF RECORD TODAY. AND THE REASON WHY THAT'S IMPORTANT IS WE'RE NOT CREATING ANY ADDITIONAL NEW PARTS. YEAH. RIGHT. THAT BUILDING IS SET BACK FIVE FEET FROM THAT PROPERTY LINE. RIGHT. COMMERCIAL DISTRICT FIVE FOOT MINIMUM. RIGHT. AND THAT'S WHY WE USE FIVE FEET. ALRIGHT, SO LET'S DO, DO A VOTE. UM, GUESS I, I'LL MAKE A MOTION TO APPROVE THE SITE PLAN WAIVER FOR THE AMENDED PROPOSAL OF 7 1 6 STORAGE. THIS IS A SITE PLAN WAIVER. I THOUGHT IT WAS A MINOR CHANGE. MINOR SITE PLAN. IT'S NOT A SITE PLAN WAIVER. IT'S NOT RIGHT. BECAUSE IT'S A, IT'S A, SO IT'S A MOTION FOR A MINOR AMENDMENT RIGHT. SITE PLAN. YEP. SO THAT IS A MOTION BY WITH, WITH THOSE TWO CONDITIONS WITH, WITH THE TWO CONDITIONS, ONE BEING THE EXTENSION OF THE SIDEWALK AND ADDITIONAL LANDSCAPING, ALL THE CONDITIONS THAT WERE ON IT BEFORE. RIGHT. THE CONDITIONS THAT WERE ON BEFORE CONTINUE. RIGHT. THE ADDITIONAL CONDITIONS WOULD BE EXTENDING THE SIDEWALK AND ADDITIONAL [00:25:01] LANDSCAPING ON, HOLD ON, THINK OVER THERE. ARE THEY THE CONDITIONS PREEXISTING FROM THE OTHER? YEAH. SO THERE'S EIGHT CONDITIONS. WELL NO, THERE'S EIGHT CON NO THIS BE NEW CONDITIONS. RIGHT? SO I THINK WE'RE TALKING ABOUT THIS, THERE'S EIGHT CONDITIONS THAT YOU PREVIOUSLY IMPOSED AND WE'RE TALKING ABOUT ADDING TWO ADDITIONAL CONDITIONS. YES. WE'RE ADDING TWO ADDITIONAL ARGUMENTS. ACTUALLY YOU DON'T NEED THE SIDEWALK ONE BECAUSE THE SIDEWALKS WERE REQUIRED. JUST HIS DRAWING SHOWED IT NOT BE CONDITION NUMBER SIX. STILL GONNA BE THERE. ONE ADDITIONAL CONDITION. SO THAT DOESN'T, MIKE, THE QUESTION WAS, I DON'T KNOW IF WE CAN MAKE IT. WELL NO, IT'S NOT AN ADDITIONAL CONDITION BECAUSE THERE SHOULD ALREADY BE A CONDITION THAT LATER STATEMENT HAS TO BE APPROVED BY THE PLANNING DEPARTMENT. BUT I THINK SPECI, BUT I THINK SPECIFICALLY KATE WAS ASKING THAT, HEY, BECAUSE WE WERE ABLE TO REDUCE SOME OF THE LANDSCAPING, NOT DELIBERATELY THAT WE FILL IT IN THERE IN FRONT OF THE CARWASH. WELL, BECAUSE WE ALREADY HAVE A CONDITION THAT THE LANDSCAPING MUST YEAH, THAT'S FINE. IF YOU'RE OKAY WITH APPROVAL OF THE PLANNING DEPARTMENT WILL TAKE IN CALIN SUGGEST ME THAT DISTRICT LANDSCAPING. IT'S IF THERE'S, IT'S NOT A IN CONDITION. I JUST, I JUST, MY QUESTION TO JEN WAS BECAUSE THIS IS AN ACTION, CAN WE TAKE IT ON A WORK SESSION OR IT DOESN'T NEED TO COME ONTO A REGULAR MEETING FOR US. MAKE SOMETHING. THAT'S WHY I WAS TRYING TO DECIDE IF THERE'S ACTUAL NEW CONDITIONS. BECAUSE IF SO, THAT WOULD BE MORE OF A DECISION. IF YOU'RE JUST SO, JEN, NEITHER BILL IS CORRECT, YOU'RE NOT TAKING ANY ACTION HERE. YOU'RE BASICALLY SAYING YOUR APPROVAL STANDS AND I THINK YOUR APPROVAL IS ALL COVERED HERE. THERE'S NO CHANGES IN THE CONDITIONS. ADDITIONAL CONDITION. BUT YOU ALREADY HAD THE L RIGHT? YOU HAVE THE CONDITIONS WE'RE ALREADY INCLUDED. SO DECIDING WHETHER OR NOT TO MAKE THAT DECISION GENERALLY IS NOT A WORK SESSION. AS LONG AS, AS LONG AS, AS LONG AS JEN IS REVIEWING THIS AND SHE'S THE ATTORNEY. UM, YOU SAID SEVEN AND EIGHT ARE CONDITIONS? NO, THOSE ARE NO, THOSE ARE THE CONDITIONS WE APPROVED. THOSE ARE THE CONDITIONS THAT ARE ALREADY IMPOSED. WE ALREADY APPROVED THESE SO IT COVERS THE SIDEWALK. MM-HMM THEY WERE JUST SHOWING ON THE PLAN AND WE CONDITION IT UPON THE LANDSCAPE PLAN. AND WE'RE JUST GONNA NOTE ON THE RECORD THAT, THAT WHEN WE APPROVE THE LANDSCAPE PLAN, THERE SHOULD BE THOSE ADDITIONAL LANDSCAPING THAT AREA. RIGHT. DON'T THINK THAT'S FINE ON BOARD. RIGHT. SO BASICALLY WE'RE ASKING FOR CONFIRMATION THAT THE ORIGINAL SITE PLAN REMAINS VALID. OKAY. SO I'LL WITHDRAW MY PRIOR MOTION, UM, AND MAKE A MOTION TO DECIDE THAT THE ORIGINAL SITE PLAN ON 7 1 6 REMAINS VALID. THAT, THAT'S A MOTION BY PLANNING BOARD MEMBER CLARK. A SECOND BY PLANNING BOARD MEMBER GROIN. ALL IN FAVOR A. AYE. OPPOSED? THANK YOU. GOOD EVENING. MOTION CARRIED. YOU I AM. WOW. ALL TRYING OUT PLANNING BOARD MEMBER GENERAL. WE'VE GOT TWO SI LIKE IT. SO IT'S SURE THING. YOU LIKE NICKNAME ONE SILVER NICKNAME MAYBE LIKE COLOR GREEN. BE LIKE THE USUAL SUSPECTS. YEAH. YOU YOU'RE GETTING COLOR. THAT'S A SIGN. NO TRADING . YOU SEE THAT MOVIE USUAL SUSPECT. WE HAVE MINUTES BEFORE. SO, SO THE GUY IN CHARGE MOST ASSIGNED EVERYONE COLORS LIKE WELL DIFFERENT COLORS. HE SAYS NO, YOU GET THE COLORS PICK. EVERYBODY WANTS TO BE MR. BLACK. ARE WE CHARACTER? WE HAVE A COUPLE MINUTES. YES. UM, YOU WERE TALKING ABOUT EARLIER, DOES THE PLANNING BOARD, DOES THE PLANNING BOARD NEED TRAINING IN THE FALL? YES, I HAVE DOING TRAINING THROUGHOUT THE STAGE. YOU PICK A TOPIC SEEKER OR WHATEVER YOU WANNA DO. I HAVE A LIST OF ABOUT 20 OF 'EM. I JUST DID SOUTHERN DEER WEST. AND HOW CAN WE DO IT SOONER ON THE FDIS PROCESS? WE COULD DO, WE COULD DO, WE COULD DO THE EIS PROCESS. YES. I HAVE A WHOLE THING ON EIS PROCESS. WELL WE TALKED ABOUT A GENERAL FOR THE NEW MEMBERS, RIGHT. AND OTHERS YOU HAVE TO GET FOUR HOURS OF TRAINING A YEAR. SO, UM, JOSH AND ANNISE WILL KEEP AN EYE OUT FOR OTHER TRAINING PROGRAMS. THE TOWN BOARD DOES STILL ALLOW ONLINE AS LONG AS IT HAS SOMETHING TO CONFIRM THAT YOU ACTUALLY STAYED THERE FOR THE WHOLE TIME. AND THERE ARE ALSO OTHER PROGRAMS OFF BY ERIE COUNTY, NIAGARA COUNTY, AND A BUNCH OF OTHER COUNTIES AROUND. BUT I AM ALSO OFFERING THAT I CAN PROVIDE, I'M A CERTIFIED TRAINER AND ABOUT 20 [00:30:01] TOPICS. YOU, I'LL BE HERE ANYWAY IF YOU WANNA DO SOME EARLY ONE NIGHT. AND WHAT'S THAT? SOONER RATHER THAN LATER. YEP. I'M JUST SAYING YOU GUYS DECIDE WHAT YOU WANT. PICK A TOPIC IF YOU WANNA DO EISS, YOU WANT DO DON CANCEL MEETING ON A FIFTH? WE COULD HAVE TRAINING. NO, YEAH, LET'S DO THAT. WE DON'T HAVE TO. RIGHT. AB FROM THIS, IS THAT A STATE LAW AND LOCAL? THAT IS A LOCAL LAW. THE STATE LAW INFORMED BY THE LOCAL LAW. STATE LAW SAYS MY MUST GET TRAINING, BUT THE TOWN CAN SET UP HOW TO ACCOMPLISH THAT. YOU ARE REQUIRED TO GET, I'M TALKING ABOUT LAWYERS DON'T HAVE TO GO TO TRAINING. I DON'T KNOW WHY. BECAUSE WELL FOR EXAMPLE, LIKE PLANNERS GET A ICP TRAINING. WE DON'T HAVE TO. WE'RE ON A PLANNING BOARD THAT COUNT ORDER. IF LAWYERS HA HAVE THAT, UH, THAT ALLOW IN, IN STATE LAW THAT ANY TRAINING WOULD BE ALLOWED THEN MAY HAVE CONTINUING EDUCATION CREDIT ENGINEERS GET CONTINUING EDUCATION CREDIT. IT CAN BE APPLIED IN THOSE CASES. SO HOW DO WE TRACK THAT? UH, THEY'RE GONNA HAVE TO PROVIDE THE MATERIALS SHOWING THAT THEY WENT TO THIS TRAINING AND OBTAINED THIS TRAINING. OKAY. WE DO WHAT'S THAT? WE OWE RECEIPTS. YEAH, RECEIPTS. JUST SAY YOU ATTENDED THIS TRAINING PROGRAM. THEY CAN PUT IT ON RECORD THEN, THEN YOU, I MEAN YOU ALL DO YOUR TRAINING, RIGHT? YOUR EDUCATION. ARE THEY IN TOPICAL AREAS? RIGHT. BUT I I HAVE NEVER DONE SAY ON, ON THE 13TH. NO, 12TH AND FROM NOON TO ONE I CAN SIGNED UP FOR IT. YEAH. YEAH. I SOMEBODY I FIGURED THAT. NO, WE DON'T. ALRIGHT, WELCOME TO THE JUNE 21ST MEETING AT THE TOWN OF HAMBURG PLANNING BOARD. EVERYONE PLEASE RISE FROM PLEDGE THE BLACK, THE UNITED STATES OF AMERICA, THE TWO, THE REPUBLIC FOR WHICH IT STANDS NATION UNDER INDIVIDUAL. UM, WE HAVE A NEW PLANNING BOARD MEMBER ACTUALLY HER SECOND MEETING. SHE WAS AT THE SPECIAL MEETING LAST WEEK. IT'S, UH, CAITLYN SHAM DOESN'T TAG YET WAY EVERYONE KNOWS WHO SHE IS. UH, FIRST ITEM ON THE AGENDA IS A PUBLIC HEARING FOR PARK GROVE REALTY REQUESTING PRELIMINARY PLAT APPROVAL OF A 70 UNIT MULTIFAMILY DEVELOPMENT SUBDIVISION WEST OF RILEY BOULEVARD. AND BEFORE YOU READ THERE, WE FIND THAT, UH, REQUEST FROM SARAH FOR THE MINUTES. ANYONE WHO COMES UP TO SPEAK, WHETHER YOU'RE AN APPLICANT OR PART OF THIS HEARING, CAN YOU PLEASE MAKE SURE THAT YOU DO STATE YOUR NAME AND IF YOU'RE FROM A BUSINESS AND APPLICANT AND YOUR AFFILIATION CLEARLY INTO THE VICINITY OF THIS MICROPHONE SO WE MAKE SURE WE GET IT. I THINK THERE WAS A COUPLE FOLKS THE LAST MEETING WHO HADN'T INTRODUCED. SO SHE DIDN'T HAVE A NAME TO PUT IN THE MINUTES. SO, SO, UM, AND THIS IS THE PUBLIC HEARING FOR THE SUBDIVISION, CORRECT? YEAH, WE ALREADY HAD THE PUBLIC HEARING FOR THE SITE PLAN. RIGHT. SO THERE'S SOME KIND OF CONFUSION ABOUT WHY WE'RE DOING PUBLIC, MULTIPLE PUBLIC HEARINGS. BUT WE ACTUALLY HAVE THREE DIFFERENT, UH, QUESTIONS ON THIS. AND ONE OF THEM WASN'T AND DIDN'T HAVE A PUBLIC HEARING YET. SO THAT'S WHY WE'RE HEARING ANOTHER ONE ON THIS. SO THE FIRST QUESTION WOULD BE ANY QUESTIONS BY THE MEMBERS OF THE PLANNING BOARD BEFORE WE OPEN UP THE PUBLIC HEARING? THIS HAS BEEN IN FRONT OF US A FEW TIMES AT LEAST. MOST OF US A FEW TIMES. UM, SO YOU GUYS, DID YOU GUYS WANNA SAY SOMETHING? JUST, JUST GIVE A BRIEF INTRODUCTION. OKAY. IF THAT'S OKAY. STATE YOUR NAME CLEARLY. . TIM CROWLEY. I'M WITH PARK GROVE, UH, WITH A DEVELOPER. I'M ALSO JOINED BY JESS DEL, UH, WITH PASTOR OSHO ASSOCIATES, WHO'S THE ENGINEER OF RECORD. UM, I JUST WANTED TO, UH, THANK EVERYBODY TONIGHT. UM, THERE'S BEEN, UH, A LOT OF TALK ON THIS PROJECT THAT WE'VE WORKED THROUGH WITH THE PLANNING BOARD, THE STAFF, THE TOWN BOARD. UH, IT'S BEEN A PROCESS OVER 16 MONTHS. UM, YOU KNOW, I, THE COLLABORATION FEEDBACK THEY GUYS HAVE GIVEN AT PROGRESSIVE PROJECT ALONG, UH, VERY PROGRESS PROGRESSED THE PROJECT ALONG A VERY FAR AWAY, UM, AND, AND WE'RE VERY EXCITED WITH THE END [00:35:01] RESOLVED. UM, SO I JUST WANT TO THANK YOU AND I'M JUST GONNA TURN IT OVER TO JESS SLE JUST TO WALK THROUGH. PLEASE SPEAK UP A LITTLE LOUDER. WE CAN HEAR YOU. I, I WAS JUST THANK THE BOARD AND I'M GONNA HAVE TURN IT OVER TO JESSLE TO TALK THROUGH THE SUBDIVISION. YEAH, AND I'LL TRY TO SPEAK AS LOUDLY AS I CAN. BUT SPECIFICALLY SPEAKING TO THE SUBDIVISION, IT IS SIX ABOUT 16 AND A HALF ACRES ON BOTH THE NORTH AND SOUTH SIDE OF RILEY BOULEVARD. UM, ONE OF THE LOTS, LOT ONE IS THE APPROXIMATELY 6.3 ACRES THAT WOULD CONTAIN THE 70 UNIT MULTIFAMILY PROJECT, WHICH WE PREVIOUSLY HAD A PUBLIC HEARING ON. AND THAT THIS BOARD IS WELL AWARE OF. UM, LOT TWO IS ACTUALLY THE LAND THAT'S BEING CARVED OUT THAT'S CURRENTLY ENCUMBERED BY AN EASEMENT THAT'S GRANTED TO THE SCHOOL THAT'S NOT PART OF THE MULTIFAMILY PROJECT. THE THIRD LOT, I'M KIND OF DOING A 360 DEGREE SPIN HERE, BUT THE THIRD LOT WITH RIDGE ON BAYVIEW ROAD, THAT'S THE AREA ON THE NORTH SIDE OF RILEY BOULEVARD. THAT LOT WAS ALSO REZONED FROM COMMERCIAL TO NC. UH, THAT'S APPROXIMATELY 4.8 ACRES. THERE'S CURRENTLY NOTHING THAT AWARE OF THAT, THAT THAT'S PLANNED FOR THE SELLER. MR. BURKE WILL BE RETAINING THAT. AND THEN FINALLY ON THE SOUTH SIDE OF RILEY BOULEVARD, LOT FOUR, THIS IS JUST THE ACREAGE THAT I BELIEVE MR. BURKE IS PROPOSING A SELF STORAGE FACILITY FOR SOMETHING ALONG THOSE LINES THAT WE DON'T HAVE ANY AFFILIATION FOR. SO REALLY THE SUBDIVISION IS JUST TO KIND OF CARVE OFF ALL OF THE, UM, CURRENT LAND TO PROVIDE THE SPECIFIC LOTS FOR THE TWO PROJECTS, THE MULTI-FAMILY PROJECT AND THE STORAGE PROJECT. AND THEN THE REST IS THE REMAINING LAND. SO IT'S PRETTY STRAIGHTFORWARD AND OF COURSE HAPPY TO ANSWER ANY QUESTIONS. BUT AGAIN, THIS IS JUST THE SUBDIVISION. WE CAN TALK ABOUT THE SITE PLAN LEADER. RIGHT. SO ANY QUESTIONS FROM ANY BOARD MEMBERS? YEAH, SO THIS IS GONNA BE A BLOOD UP AGAINST A SELF-STORAGE UNIT? NO, THE SELF-STORAGE IS DOWN OVER HERE ON THE OTHER SIDE OF BRADLEY BOULEVARD, WHICH HAS FRONTAGE ON SOUTH PARK, WHICH AGAIN, IF I'M MISTAKEN, THAT PROJECT, THIS BOARD IS SEEN BEFORE. AND, AND THERE'S GONNA BE A A BUS SHELTER FOR THE STUDENT, CORRECT? YES, YES. FOR LOT ONE. ANYTHING ELSE YOU WANNA READ THE PUBLIC NOTICE? TRYING TO CLARIFY. IT SAYS FOR THE 70 UNIT MULTI WE SHOULD SAY IT'S UH, FOR THE SUBDIVISION, NOT THE 70 UNIT MULTIFAMILY. IT DOES SAY SUBDIVISION. IT'S A 70 UNIT MULTIFAMILY DEVELOPMENT SUBDIVISION. ALRIGHT. AS LONG AS I GOT THE WORD SUBDIVISION. THE SUBDIVISION THAT CREATES THE LOT WHERE THE 70 UNIT MULTIFAMILY IS PROPOSED, I GUESS NOTICE THAT. YEAH. ALL RIGHT. YEAH. OKAY. NOTICES HEREBY GIVEN THAT THE TOWN OF HAMBURG PLANNING BOARD WILL CONDUCT A PUBLIC HEARING ON THE PROPOSAL BY PARK GROVE REALTY TO CONSTRUCT A 70 UNIT MULTI-FAMILY DEVELOPMENT SUBDIVISION LEFT TO REILLEY BOULEVARD, PUBLIC HEARING WILL BE HELD ON JUNE 21ST, 2023 AT 7:00 PM IN ROOM SEVEN B OF THE HAMBURG TOWN HALL. YEAH, SO WE INCLUDED THE 70 UNITS. WE WANTED THE PUBLIC TO KNOW IF WE DIDN'T PUT THE SEVEN UNITS IN THERE, I THINK IT WAS A DIFFERENT PROJECT, RIGHT? WE WANTED TO MAKE SURE THEY UNDERSTOOD IT WAS RELATED TO THIS 70 YEAR. RIGHT. SO WE WANTED TO LABEL IT SIMILAR TO HOW WE LABELED OTHERWISE PEOPLE WOULD READ IT GO WHAT IS IT SUB? THAT MAKES SENSE. YEAH. SO THIS TIME I WILL OPEN UP THE PUBLIC HEARING. IS THERE ANYONE HERE THAT HAD ANY COMMENTS ABOUT THIS PROJECT? ALL RIGHT. FOR THE SECOND TIME, ANYBODY HAD HAD ANY COMMENTS ON THE PARK GROVE REALTY PROJECT AND FOR THE THIRD AND FINAL TIME, ANY COMMENTS ON PARK GROVE REALTY BEING NO COMMENTS? I WILL JUST NO COMMENTS. NO COMMENTS BEING NO COMMENTS. I'LL NOW CLOSE THE PUBLIC HEARING. SO WE'VE, THIS HAS BEEN A LONG JOURNEY. WE'VE GOT UH, THREE SEPARATE RESOLUTIONS THAT SIGNIFY THE THREE DIFFERENT DECISIONS THAT WE HAVE TO GO OVER ON THIS PROJECT. UM, FOR THAT BILL, IF YOU REMEMBER LAST MEETING, THEY, THE APPLICANT WAS ASKED AND THEY PROVIDED THE RESPOND TO THE COMMENTS THAT WERE RAISED. YOU WANNA GIVE THEM THE OPPORTUNITY TO DISCUSS THOSE COMMENTS WITH THE PLANNING BOARD AND THEN YOU CAN DISCUSS THE RESOLUTIONS BECAUSE WE DID ASK THEM TO COME TONIGHT AND TALK ABOUT, AND THEY DID SUBMIT A LETTER RIGHT ON JUNE, JUNE 22ND, UH, BASICALLY TO TALK ABOUT, YOU ASKED SPECIFICALLY TO ADDRESS THE QUESTIONS WERE RAISED BY THE PUBLIC. ALRIGHT, [00:40:01] WE ALL RECEIVED THAT LETTER. UH, DO YOU WANT TO KIND OF GIVE A HIGHLIGHT OF WHAT WAS IN THAT LETTER? SURE. WANT ME TO COME FORWARD AGAIN? YES, PLEASE. YEAH, I THINK AFTER BEING IN FRONT OF THIS BOARD SIX OR SEVEN TIMES, YOU KNOW, WE'VE WHITTLED DOWN A LOT OF THE ISSUES. WE WORKED CLOSELY TOGETHER. AS TIM WAS SAYING OVER THE LAST 18 MONTHS, UM, I THINK THE PRIMARY CONCERN THAT CAME UP, YOU KNOW, HAD A LOT TO DO WITH TRAFFIC. ONE OF THE THINGS I WANTED TO POINT OUT AS IT RELATES TO TRAFFIC IS THAT, YOU KNOW, WHEN RILEY BOULEVARD WAS CONSTRUCTED, THAT ENTIRE AREA WAS ZONED FOR COMMERCIAL USES AND JUST THE AREA OF LAND THAT'S BEING USED FOR THE PROPOSED MULTIFAMILY PROJECT UNDER THAT ORIGINAL COMMERCIAL ZONING, YOU KNOW, COULD SUPPORT UP TO 64,000 SQUARE FEET OF COMMERCIAL USE. AND THAT'S THE TYPE OF USES AND THE TYPE OF INTENSITY THAT RILEY BOULEVARD AND THE ASSOCIATED INTERSECTIONS WITH BAYVIEW AND SOUTHWEST WERE CONSTRUCTED TO SUPPORT NOW OUR PROJECT. AND, BUT WHAT I MEAN BY THAT IS IT HAS TURN LANES WHEN YOU'RE COMING OUT TO BAYVIEW AND THERE'S A RIGHT TURN LANE AND A LEFT TURN LANE. THE LANE WEST OF RILEY, UM, BOULEVARD WERE CERTAINLY, UM, BUILT OUT TO HAVE ADEQUATE CAPACITY FOR MUCH MORE TRAFFIC THAN WHAT'S BEING GENERATED BY OUR PROJECT. AND WHAT I MEAN FOR THAT, JUST WHAT OUR LETTER, IT REFERENCES THAT DURING THE HIGHEST HOUR OF USE FOR THE PROPOSED 70 UNITS, IT'S PROJECTED THAT WE WOULD GENERATE 51 TRIPS OR VEHICLES ENTERING OR LEAVING THE SITE. NOW ONCE THEY LEAVE THE SITE VIA ONE OF THE TWO ACCESS POINTS, YOU KNOW WE HAVE TWO THAT CONNECT RILEY BOULEVARD, YOU KNOW, IT'S FAIR TO ASSUME, I BELIEVE THAT HALF WOULD TURN RIGHT AND HEAD OVER TO SOUTHWEST AND THE OTHER HALF WOULD TURN LEFT AND HEAD OVER TO BAYVIEW AND THEN OF THE HALF THAT GO DOWN SOUTHWEST, MAYBE HALF GO RIGHT, YOU KNOW, A BUNCH GO LEFT. AND THE SAME THING, UM, BOTH AT SOUTHWEST AND BAYVIEW SO THAT TRAFFIC GETS, UM, PRETTY RAPIDLY DISPERSED. SO AT THE END OF THE DAY, ANY ONE OF THOSE TURNING MOVEMENTS IS PROBABLY 10 TO 15 VEHICLES DURING THE PEAK HOUR, WHICH IS, YOU KNOW, TYPICALLY SEVEN 30 8:30 AM OR FOUR 30 AT 5:30 PM AND THAT REPRESENTS ABOUT 80% LESS THAN WHAT WAS ORIGINALLY CONTEMPLATED FOR THIS PIECE IF IT HAD BEEN DEVELOPED FOR COMMERCIAL. AND JUST AS A POINT OF REFERENCE, WHEN WE'RE WORKING WITH THE STATE OR THE COUNTY DOT, IN ORDER FOR US TO UM, YOU KNOW, FOR THEM TO CONSIDER IT, AND THIS IS ACTUALLY EVEN WRITTEN IN THE SECRET REGS IN THE SECRET HANDBOOK AT THE STATE LEVEL, BUT IN ORDER FOR IT TO BE CONSIDERED A POTENTIAL SIGNIFICANT IMPACT ON TRAFFIC, THE PROJECT WOULD HAVE TO GENERATE A HUNDRED TRIPS AT A GIVEN INTERSECTION. AND BECAUSE WE HAVE MULTIPLE ACCESS POINTS AND A LOT OF DIFFERENT OPPORTUNITIES FOR PEOPLE TO GET TO THEIR DESTINATIONS, WHETHER IT'S GOING UP TOWARDS FORD OR WHETHER IT'S TAKING A RIGHT DOWN SOUTHWEST, UM, YOU KNOW, WE ARE ONLY 25% OF THAT. SO IN THE WORLD OF YOU KNOW, TRAFFIC AND POTENTIAL IMPACT, UM, JUST BASED ON OUR NUMBERS AND THE RELATIVELY SMALL SIZE OF THE PROJECT, YOU KNOW, WE CERTAINLY DON'T THINK THAT THERE'S ANY POTENTIAL SIGNIFICANT, YOU KNOW, IMPACT FOR THAT. AGAIN, RILEY BOULEVARD WAS PUT IN UNDER THE ASSUMPTION AND UNDER, YOU KNOW, CONSTRUCTED TO THE STANDARDS THAT THAT WHOLE AREA WOULD EVENTUALLY BE DEVELOPED AND WE'RE THE FIRST PHASE OF THAT, OTHERWISE WHY WOULD RILEY BOULEVARD HAVE EVEN BEEN BUILT, UM, TO BEGIN WITH. AND THEN JUST TO REITERATE, YOU KNOW, THE PROJECT IS, YOU KNOW, NOW THAT IT HAS BEEN ZONED TO NC AND YOU KNOW, THESE WERE ALL DISCUSSIONS THAT WE HAD BOTH WITH THIS BOARD AND WITH THE TOWN BOARD, BUT THE MULTIFAMILY USE ISN'T ALLOWED USE. I KNOW THERE'S A LOT OF CONVERSATIONS ABOUT USE AND WHETHER OR NOT IT WAS APPROPRIATE, BUT CERTAINLY THE USE WAS CONTEMPLATED WHEN THE TOWN BOARD CHOSE TO REZONE IT AND IS NOW AN ALLOWED USE. NOT ONLY IS IT AN ALLOWED USE, BUT IT IS ALSO A CODE COMPLIANT USE. AND WHAT I MEAN BY THAT IS IT'S AS OF RIGHT AND WE AREN'T SEEKING ANY VARIANCES. WE'RE ACTUALLY, YOU KNOW, FOR EXAMPLE THE DENSITY, WE HAVE TO HAVE 3,500 SQUARE FOOT OF LAND AREA FOR EACH UNIT. WE HAVE OVER 20% MORE THAN THAT AT ROUGHLY 4,600 SQUARE FEET. SO WE'RE WELL BELOW WHAT'S ALLOWABLE FOR DENSITY. UM, WE MEET ALL THE SETBACKS, WE HAVE SOME PRETTY SIGNIFICANT GREEN SPACE, VERY SIGNIFICANT GREEN SPACE. 62% OF OUR 6.3 ACRES OR SO WILL BE GREEN SPACE. THAT'S A VERY EXTREMELY HIGH NUMBER FOR THIS TYPE OF DEVELOPMENT JUST COMPARED TO UM, YOU KNOW, WHAT WE TYPICALLY SEE AND YOU KNOW, I THINK WE'VE BENT OVER IT IN THE PAST, UM, YOU KNOW, THE BENEFITS OF THE PROJECT IN TERMS OF YOU KNOW, MEETING A CERTAIN OR THE DEMAND AT LEAST BEING THERE BASED ON ALL OF OUR MARKET STUDIES AND THE CAPTURE RATE AND ALL OF THAT. BUT YOU KNOW, I DON'T REALLY KNOW IF IT'S EVEN APPROPRIATE HOW MUCH TO GET INTO THE USE BECAUSE IS IT IS AN ALLOWED USE AND WE ARE TALKING ABOUT, YOU KNOW, THE SITE PLAN REVIEW AND THE SITE PLAN APPROVAL AND YOU KNOW, WITH THE OPPORTUNITY AS TIM STATED TO WORK WITH THIS BOARD OVER THE LAST YEAR PLUS, YOU KNOW, THIS BOARD'S HAD A LOT OF DIFFERENT SUGGESTIONS ON WHAT TO DO WITH THE DUMPSTER ENCLOSURE AND TO PROVIDE THE, YOU KNOW, BUS SHELTER AND THE ADDITION OF PEDESTRIAN ROUTES. YOU KNOW, ALL THOSE THINGS THAT WE HAVE COMPLIED [00:45:01] WITH ALONG THE WAY. SO THE PLAN THAT THIS BOARD WOULD BE POTENTIALLY ACTING ON THIS EVENING AFTER THE SUBDIVISION IS ONE THAT REPRESENTS THE CULMINATION OF ALL THOSE COMMENTS AND US PROVIDING UM, NOT JUST RESPONSES BUT EDITING OUR DOCUMENTS AND OUR PLANS TO ADDRESS THOSE COMMENTS. SO I DON'T KNOW IF THERE'S ANYTHING ELSE SPECIFIC IN THAT LETTER YOU WANTED ME TO SPEAK TO BUT YOU KNOW, IT, IT WAS MOSTLY TRAFFIC RELATED AND THEN USE RELATED. BUT AGAIN, BECAUSE THE USE ISN'T ALLOWABLE USE IN THE NC BECAUSE IT WAS REZONED SPECIFICALLY TO SUPPORT THIS USE, I THINK CERTAINLY UM, STAKEHOLDERS AT THE TOWN HAVE RECOGNIZED, YOU KNOW, THE NEED FOR THAT ABOUT TRAFFIC. SO I JUST WANNA BE UM, SUPER CLEAR ON THE TRAFFIC EXPLANATION. UM, SO WHAT WE'RE REALLY TALKING ABOUT IS AN ADDITION AT PEAK TIME OF 34 TRIPS IN THE MORNING AND 32 TRIPS IN THE EVENING. IS THAT CORRECT? UH, SLIGHTLY OFF 30 OR I'M SORRY, IT'S 45 TRIPS IN THE MORNING AND 51 IN THE EVENING. AND THOSE ARE SPLIT BETWEEN ENTERING AND EXITING. SO IT'S BOTH PEOPLE COMING IN AND GOING OUT. I BELIEVE THE NUMBERS YOU JUST REFERENCED YOU PICKED YEAH, THAT'S WHAT HAPPENED. I JUST PICKED THAT NUMBER. OKAY. I JUST WANTED TO BE SUPER CLEAR ABOUT THAT 'CAUSE THE UM, WE HEARD A LOT ABOUT THE TRAFFIC CONCERNS AND TO BE FAIR YOUR LETTERS LIKE A SCO MISLEADING BECAUSE YOU'RE COMPARING TO A USE THAT NOT ONLY DOESN'T EXIST BUT IS ONE OF THE HIGHEST USES IN A COMMERCIAL DISTRICT LIKE COMMERCIALLY ZONED. THIS COULD HAVE ALSO BEEN BOAT SALES AND YOU GET WHAT, FIVE PEOPLE COMING IN AND OUT. UM, AND SO WHAT WE SHOULD BE COMPARING IS NOTHING TO AN ADDITION OF 50 TRIPS IN THE MORNING AND IN THE EVENING. AND THAT'S FAIR. THAT'S A MORE FAIR COMPARISON TO TAKE INTO ACCOUNT THE NEIGHBOR'S WORRIES ABOUT RIGHT. THE LIGHTS ON EITHER SIDE OF IT. AND I THINK THAT'S FAIR. ALL I WAS TRYING TO DO WAS KIND OF SET SOME OF THE ASSUMPTIONS FOR WHAT THINGS THAT COULD HAVE BEEN TAKEN INTO CONSIDERATION WHILE RILEY BOULEVARD WAS BUILT OUT. BUT YOUR POINT IS VERY VALID. THERE'S NOTHING THERE TODAY COMING BACK. NO, IT'S JUST TO HELP WITH THAT TYPICALLY IS RIGHT, BUT THERE WAS A GENERIC IMPACT STATEMENT DONE FOR THIS AND THAT ALLOWED THE DOT TO CONSTRUCT THAT ROAD AND CONNECT IN WITH AN AMOUNT OF X AMOUNT OF TRAFFIC BEING GENERATED. WE WERE WAY BELOW THAT NUMBER THAT WAS PROJECTED UH, 15 YEARS AGO I REALIZED. UM, BUT THAT'S WHY THE REFERENCING IS THAT IT WAS APPROVED AS A BUSINESS MARK WITH X AMOUNT OF TRAFFIC ASSOCIATED WITH IT. USUALLY YOU'RE RIGHT, WE WOULD SAY HEY, WHAT DIFFERENCE DOES IT MAKE? YOU'RE BUILDING SOMETHING, I DON'T WANNA COMPARE IT TO SOME OTHER USE, BUT IT WAS ORIGINALLY DESIGNED AS A BUSINESS MARK AND THERE WAS A GENERIC IMPACT STATEMENT WITH A THRESHOLD FOR TRAFFIC ESTABLISHED BECAUSE THE DOT WANTED THAT BECAUSE OF THE CONNECTION TO SOUTHWESTERN. NOW IF DOT HAS TOLD US THAT IF IN THE FUTURE AS THAT PARK DEVELOPS OUT, IF THERE'S ENOUGH ENOUGH TRAFFIC, THEY COULD CHANGE SIGNALIZATION, THEY COULD DO OTHER THINGS AT THAT INTERSECTION TO MITIGATE, BUT AGAIN, DOT WILL NOT DO THAT UNLESS IT'S WARRANTED. AND THEY DON'T DO THAT ON AN IF COME BASIS. THEY DO IT ON BASED UPON WHEN THE AMOUNT OF TRAFFIC REACHES THAT POINT. KIND OF LIKE AT HOWARD ROAD THEY HAVE ALL THE EQUIPMENT IN THERE TO PUT A SIGNAL AT HOWARD AND CAMPED BUT THEY WON'T PUT IT IN UNTIL IT'S WARRANTED. THAT WAS VERY WELL SAID. THANK YOU MR. RILEY. ALRIGHT, ANY OTHER COMMENTS FROM THE BOARD? WE, ANY ISSUES WITH READING THE RESOLUTIONS? WE JUST RUN THROUGH THE CONDITIONS ON THE SITE PLAN BY THE WAY, JUST FOR THE RECORD, THE FIRST RESOLUTION IS SEEKER AND IS CON CONVOLUTED SEEKER RESOLUTION BECAUSE A, THERE WAS A GENERIC IMPACT STATEMENT DONE B, THE TOWN BOARD ISSUED A SECRET NEGATIVE DECLARATION FOR THE REZONING FOR 70 UNITS AND C WE'RE JUST KIND OF DOING OUR DUE DILIGENCE TO SAY HEY, NOTHING'S CHANGED SINCE THAT APPROVAL BY THE TOWN BOARD. SO WE JUST FELT COMFORTABLE IN DOING THAT. ISSUING, ISSUING POTENTIALLY ISSUING ANOTHER NEG DEBT. TECHNICALLY WE DIDN'T HAVE TO DO THAT BUT WE FELT VERY CONSERVATIVE ABOUT THE FACT THAT A, THE GEIS WAS OLD B THE TOWN BOARD DIDN'T SEE ALL THE INFORMATION YOU SAW IN THE DEVELOPMENT OF THE PLAN. SO WE JUST WANTED TO MAKE SURE WE ADDRESSED THAT. WE HAD THE APPLICANT DIRECT THOSE THOSE HIGHER LEVEL ISSUES. SO JUST WANTED TO EXPLAIN THAT BECAUSE IT'S NOT A NORMAL SECRET. RIGHT. AND THE ORDER THAT I HAVE IS SEEKER SUBDIVISION CYCLING. THANK YOU. AND WE SHOULD DISCUSS THE THE UH, THE CONDITION BECAUSE THEY WILL AFFECT THE SEEKER DECISION. YEAH. SO LET'S GO THROUGH THAT FIRST THEN. SO FIRST WOULD BE ENGINEERING COMMENT, DEPARTMENT LETTER. WHAT WAS THE DATE ON THAT? CAMMY THE 16TH. SO SIDEWALKS WOULD BE A CONDITION, NOT A QUESTION MARK. [00:50:01] SIDEWALKS NO REQUIRED ON BOTH FRONTAGES, RIGHT? ALL FRONTAGES WE GOT TWO SEPARATE STREETS BOTH. UM, SO AS FAR AS THE SUBDIVISION GOES, WE DIDN'T DO A LOT OF DISCUSSION ON THE SUBDIVISION, UH, ANY OTHER CONDITIONS TO THE SUBDIVISION AND ANYTHING THAT HAS TO GO IN THERE IS GONNA COME IN FRONT OF US FOR SITE PLAN. SO WE GET TO LOOK AT IT PIECE BY PIECE BUT EVERYTHING. SO OTHER THAN SIDEWALKS, WHAT GENERAL CONDITION? I HAD A PLEASURE FOR CAMIE BECAUSE IT'S THE LAST PART OF THAT RESOLUTION. I DON'T WANNA PUT YOU ON THE STOCK CAMIE, BUT WE TYPICALLY FOR MINOR SUBDIVISION WAIVE THE FI FILING OF A FINAL PLAT AT THIS POINT I MADE A CONDITIONAL THAT YOU MAKE SURE THERE'S NO REASON TO FILE THAT FINAL PLA THERE'S SOME EASEMENT OR SOMETHING ELSE NEEDED. WE WOULD HAVE THAT PLA FILE. SO I DON'T PUT YOU ON THE SPOT BUT LIKE PUT AS A KIND OF A CONDITION THAT YOU'LL HAVE FINAL SAY IF THEY HAVE TO FILE THAT PLAN. YEAH, AND I'VE LOOKED, I MEAN I RECEIVED THE SUB SUBDIVISION MAP FROM PLANNING AND I HAD NO I DIDN'T SEE. ALRIGHT, THANK YOU. THAT'S THE ONLY REASON I PUT THAT CONDITION IN THERE BECAUSE SOMETIMES THERE'S AN EASEMENT REQUIRES SOMETHING FOR DRAINAGE AND WE WANT THAT BACK FILE SO THAT THAT'S PRESERVED THAT EASEMENT THERE. SO THERE'S NO REASON FOR CROSS ACCESS AGREEMENTS HERE, RIGHT? BECAUSE THE ONLY PRIVATE ROAD ENTRANCE IS CLEARLY IN AND OUT OF THE CENTER OF THAT FRONT. AND ANY OTHER LOT WOULD REQUIRE CURB CUT ON RILEY. ON RILEY, RIGHT, RIGHT THERE. I GUESS CONCEIVABLY THERE COULD BE A PROJECT WHERE WE'D LIKE TO HAVE A CROSS ACCESS AGREEMENT BUT THAT WOULD DEPEND ON WHAT IT IS. SO I DON'T THINK IT WOULD BE A REQUIREMENT AT THIS STAGE. SO I DON'T THINK THERE'S ANY OTHER ONES. SO THEN I GO OVER IT. SO UM, SITE PLAN APPROVAL. OKAY WE GOT, SO WE'VE GOT THE, THE USUAL SUSPECTS WITH ENGINEERING, LANDSCAPING AND SIDEWALKS. WE'VE GOT AFFORDABLE HOUSING LAW ON THERE. UM, DID WE CONTEMPLATE ANY OTHER CONDITIONS? I KNOW WE TALKED ABOUT THE PLACEMENT OF DUMPSTERS AND BUS STOPS BUT THAT SITE PLAN SO WE WOULDN'T, THOSE WOULDN'T BE CONDITIONS ARE EXPECT COMPLIANT LIGHTINGS IN YOUR ENGINEERING LETTER, RIGHT? YES. AND AS A TO HALL. YEP. SO ANY CONDITIONS? NO. ALL RIGHT. RILEY BOOK, BROOK APARTMENTS WEST OF RILEY BOULEVARD. HOLD ON. IS IT THE RIGHT CARDINAL DIRECTION? DO YOU WANNA GO THROUGH THIS BEFORE? WE DID GO THROUGH THIS BEFORE. UH, SORRY, WE GO TOO FAR. DIDN'T WE GO THROUGH THIS WHOLE THING ON WHERE THESE PARCELS WITH CARDINAL DIRECTION IT WAS JUST WEST. JUST SAY RILEY BOOK APARTMENTS. YOU DON'T HAVE TO LOCATE IT DOESN'T HAVE A STREET ADDRESS. DOESN'T HAVE SAY RILEY BOOK APARTMENTS. THAT'S THE NAME OF THE . IT'S NOT WEST, IT'S NORTH. I THOUGHT WE IT'S LIKE NORTH, RIGHT? YEAH. NORTH. ANY RECOLLECTION OF GOING THROUGH THE BUILDING BEFORE AND HAVING AND THEN OF THOSE RIGHT? NO, YOU'RE RIGHT RILEY. RILEY BROOK APARTMENTS NORTH OF RILEY BOULEVARD, SEEKER RESOLUTION TOWN OF HAMBURG RECEIVED A SITE PLAN APPLICATION FROM PARK GROVE REALTY TO CONSTRUCT A 70 UNIT MULTIFAMILY RESIDENTIAL PROJECT. AND WHEREAS THE HAMED PLANNING BOARD REZONED APPROXIMATELY 7.44 ACRES OF LAND FROM C ONE TO NC FOR THE FUTURE DEVELOPMENT OF WORKFORCE RENTAL HOUSING AND THE TOWN BOARD DETERMINED THAT THE REZONING DID NOT HAVE ANY SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACT AND ISSUED A NEGATIVE DECLARATION. AND WHEREAS THE OVERALL PROJECT IS LOCATED IN THE HAMBURG BUSINESS PARK, WHICH WAS SUBJECT OF A-G-E-I-S [00:55:01] AND EVERY PROPOSED PROJECT IN THE HAMBURG BUSINESS PARK MUST BE REVIEWED AGAINST THE ORIGINAL GEIS AND ITS FINDINGS. AND WHEREAS PLANNING BOARD HAS REVIEWED THIS PROJECT AGAINST THE ORIGINAL GEIS AND ITS FINDINGS CONSIDERED THE ADDITIONAL INFORMATION SUBMITTED BY THE APPLICANT AND THE NEGATIVE DECLARATION ISSUED BY THE TOWN BOARD AND DETERMINED THAT THE PROJECT IS SUBSTANTIALLY IN CONFORMANCE WITH THE ORIGINAL PLAN AS AMENDED BY THE TOWN BOARD THROUGH THE REZONING AND THE GEIS FINDINGS AND THAT NO ADVERSE ENVIRONMENTAL IMPACTS ARE ANTICIPATED BASED ON THE SUPPLEMENTAL INFORMATION SUPPLIED BY THE APPLICANT. NOW THEREFORE BE RESOLVED THAT THE TOWN OF HAMBURG PLANNING BOARD DETERMINES THAT THE PROPOSED PROJECT IS IN SUBSTANTIAL CONFORMANCE FOR THE HAMBURG BUSINESS PARK, GEIS FINDINGS AND HAS DETERMINED THAT THE CONSTRUCTION OF A 70 UNIT MULTIFAMILY RESIDENTIAL PROJECT AS ILLUSTRATED ON THE FINAL PLANS IS NOT ANTICIPATED TO RESULT IN ANY SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACT AND THAT A NEGATIVE DECLARATION IS HEREBY ISSUED AND BE IT FURTHER RESOLVE THAT THE PLANNING BOARD CHAIRMAN WILL BE AUTHORIZED TO SIGN THE ENVIRONMENTAL ASSESSMENT FORM AND WILL BE PLACED IN THE TOWN FILE. SO THAT IS A MOTION BY PLANNING BOARD MEMBER CLARK SECOND. SECOND BY PLANNING BOARD MEMBER VERONICA. ALL IN FAVOR? AYE. AYE. ANY OPPOSED? ALL RIGHT. MOTION CARRIED. NEXT MINOR SUBDIVISION APPROVAL RESOLUTION. RILEY BROOK APARTMENTS PROJECT NORTH OF RILEY BOULEVARD. TOWN OF HAMBURG RECEIVED A MINOR SUBDIVISION APPLICATION FROM TRUE NORTH LAND SURVEYING THAT IS ASSOCIATED WITH THIS PROJECT FOR THE CONSTRUCTION OF A 70 UNIT MULTIFAMILY DEVELOPMENT THAT IS NORTH OF RILEY BOULEVARD. HAMBURG PLANNING BOARD IN ACCORDANCE WITH NEW YORK'S SEEKER LAW AND THE SEEKER REGULATIONS CONTAINED IN SIX N-Y-C-R-R PART 6 1 7 HAS ISSUED A NEGATIVE DECLARATION FOR THIS PROJECT. PLANNING BOARD HAS REVIEWED THE SUBDIVISION APPLICATION AGAINST THE SUBDIVISION REQUIREMENTS OF THE TOWN INPUT RECEIVED FROM VARIOUS DEPARTMENTS AND HELD THE REQUIRED PUBLIC HEARING. THE HAMBURG PLANNING BOARD HEREBY ISSUES PRELIMINARY SUBDIVISION APPROVAL IN ACCORDANCE WITH CHAPTER 2 3 0 WITH THE FOLLOWING CONDITION. ONE. THE PROJECT WILL ADDRESS THE COMMENTS IN THE TOWN ENGINEERING DEPARTMENT MEMO LATE DATED JUNE 16TH, 2023. TWO SIDEWALKS ARE REQUIRED ON ALL FRONTAGES. FINALLY, THE HAMBURG PLANNING BOARD WAIVES THE COMPLETION OF A FINAL PLAT OF THE FILING OF A MAP COVER AS LONG AS THE TOWN ENGINEERING DEPARTMENT DOES NOT REQUIRE IT AND THE HAMBURG PLANNING BOARD CHAIRMAN IS AUTHORIZED TO SIGN THE PRELIMINARY PLAT ONCE THE TOWN ENGINEER SIGNS OFF ON THE PLAT. IT IS A MOTION BY PLANNING BOARD MEMBER CLARK. SECOND. SECOND BY PLANNING BOARD MEMBER BROIN. ALL IN FAVOR? AYE. AYE. MOTION CARRIED. NOW THE FINAL RESOLUTION WE GOT HERE FOR UH, SITE PLAN. RILEY BROOK APARTMENTS NORTH OF RILEY BOULEVARD. DRAFT SITE PLAN APPROVAL RESOLUTION WHEREAS THE TOWN OF BURY PLANNING DEPARTMENTS RECEIVED A SITE PLAN APPLICATION FROM THE PARK GROVE REALTY FOR THE CONSTRUCTION OF A 70 UNIT MULTIFAMILY DEVELOPMENT NORTH OF RILEY BOULEVARD. AND WHEREAS THE TOWN OF BURY PLANNING BOARD HELD THE REQUIRED PUBLIC HEARING ON MAY 17TH, 2023. AND WHEREAS THE TOWN OF BURY PLANNING BOARD HAS REVIEWED THE PROJECT AGAINST THE TOWN CODE HAS RECEIVED INPUT FROM TOWN DEPARTMENTS AND OTHER AGENCIES HAS RECEIVED ADDITIONAL INFORMATION AND REPORTS FROM THE APPLICANT AND PROVIDED INPUT TO THE APPLICANT THAT HAS RESULTED IN AMENDED PLANS ADDRESSING PLANNING BOARD CONCERNS AND WHEREAS IN ACCORDANCE WITH PARK 6 1 7 OF THE IMPLEMENTED IMPLEMENTING REGULATIONS PERTAINING TO STATE ENVIRONMENTAL QUALITY REVIEW ACT, SEEKER OF THE ENVIRONMENTAL CONSERVATION LAW, THE TOWN OF HAMBURG PLANNING BOARD HAS ISSUED A SEEKER NEGATIVE DECLARATION. NOW THEREFORE BE IT RESOLVED THE TOWN OF HAMBURG PLANNING BOARD ISSUES A CONDITIONAL SITE PLAN APPROVAL FOR THIS PROJECT WITH THE FOLLOWING CONDITIONS. ONE CON CONFORMANCE TO THE REQUIREMENTS OF THE TOWN ENGINEERING MEMO DATED JUNE 16TH, 2023. TWO REVIEW AND APPROVAL OF THE FINAL LANDSCAPING PLAN BY THE PLANNING DEPARTMENT. THREE. THE APPROPRIATE EASEMENTS BE CREATED AND APPROVED BY THE TOWN AND ITS ENGINEERING CONSULTING. FOUR. THE PROJECTS BE SHOWN TO BE IN ACCORDANCE WITH THE TOWN'S AFFORDABLE HOUSING LAW. FIVE SIDEWALKS ARE TO BE INSTALLED AS SHOWN ON THE PLANS. THAT IS A MOTION BY PLANNING BOARD MEMBER CLARK. SECOND. SECOND BY PLANNING BOARD MEMBER VERONICA. ALL IN FAVOR? A AYE. ANY OPPOSED? MOTION CARRIED. ALL RIGHT, YOU'RE ALL SET. THANK YOU. THANK YOU. NEXT ITEM ON THE AGENDA IS ASPEN DENTAL MANAGEMENT INC. REQUESTING SITE PLAN APPROVAL ON A PROPOSAL TO CONSTRUCT A DENTAL CLINIC TO BE LOCATED AT 3 4 9 7 MCKINLEY PARKWAY. [01:00:04] OH, I DON'T THINK THEY ARE. NO. SO THEY WERE AT THE ZONING BOARD. WHAT HAPPENED WITH ZONING BOARD? UH, ZONING BOARD. THANK YOU. AND THEN DID WE HAVE RESOLUTIONS? I DIDN'T SEE, WE DO HAVE A RESOLUTION. ATTACHMENTS. UM, JUST HANDED THEM IN PACKET TODAY. YEAH, THE SINGLE RESOLUTION YOU GOT THEM GOT THEM ANY? YEAH, THE, THE ONES WAS THE LAST THREE WERE ATTACHED TO THE EMAIL. BUT I DON'T HAVE TO ASK ONES. ONE. IT'S STANDARD RESOLUTION ONCE YOU GO OVER THE CONDITIONS BECAUSE THERE WAS A LOT OF DISCUSSION ABOUT THE CONDITIONS AND WHATEVER SO CONDITIONS. OH NO THEY WEREN'T. IT WAS JUST NOTICE YOU'RE RIGHT. IT WASN'T THERE. WE DIDN'T GIVE THE RESOLUTION. WHAT'S THE DATE OF YOUR, YOUR LETTER? 16TH. OKAY. IS GONNA BE IS THAT'S GONNA BE ANSWER EVERY TIME I ASK THAT QUESTION. YEAH, I DON'T SEND THEM SEPARATE DAYS. I TRY TO GET 'EM ALL TOGETHER BY THE, SO SO ENGINEERING DEPARTMENT COMMENT LETTER LANDSCAPING LIGHTED SHALL BE SHIELDED IN DARK SKY COMPLIANCE. UH, THE APPLICANT HAS AGREED THIS WAS ONE OF THOSE DISCUSSIONS. WE HAD TO CONSTRUCT AN EIGHT FOOT HIGH FENCE ALONG THE SITE'S EASTERN PROPERTY LINE AS REQUESTED BY THE NEIGHBORS SIDEWALK PLAN TO BE COMPLETED AND APPROVED THROUGH THE ENGINEERING DEPARTMENT. I WANTED TO SHOW, MAKE SURE YOU GUYS UNDERSTAND WHAT THE SIDEWALK IS. PRIVACY FOR PRIVACY. THAT CORRECT? I THINK THEY'RE DOING EVERYTHING YOU ASKED. I PUT THAT CONDITION IN THERE 'CAUSE I DIDN'T KNOW THEY'RE GOING TO RUN THE SIDEWALK NOW FROM WHERE IT EXISTS NOW ON THAT SIDE OF THE ROAD. RUN IT ALL THE WAY DOWN TO THE INTERSECTION WHERE ALL THE CROSSWALKS ARE AND THEY'RE GONNA RUN IT ACROSS TO THIS PROPERTY. THEY CAN'T RUN IT ANY FURTHER THAN THAT. OKAY. YEP. I JUST WANNA MAKE SURE AND, AND I PUT THE CONDITION ABOUT ENGINEERING 'CAUSE THAT HAS TO BE ENGINEERED TO MAKE SURE, I ASSUME THAT'S ALL ON THEIR PRIVATE PROPERTY SO IT'S NOT IN THE RIGHT OF WAY. SO IT SHOULD BE A PROBLEM THAT THEY'RE PUTTING THAT SIDEWALK IN. AND THAT'S ALONG MCKINLEY THERE. THEY'RE GONNA PUT SIDEWALK IN, YOU KNOW, CONNECTING FROM HERE ALL THE WAY DOWN HERE THROUGH HERE JUST TO PUT AND AROUND THE CORNER. GOSH. AND DREW ON THE SPOT. ARE THERE ANY CONDITIONS THAT, THAT WERE ON THE, THAT PREVIOUS ONE WE APPROVED THE MEDICAL BUILDING THAT AREN'T ON THIS MEETING. WE NEVER, WE NEVER APPROVED. NO WE NEVER APPROVED IT BECAUSE THEY NEVER CAME BACK. THEY GOT ON THE NEXT SESSION AND THEN THEY JUST NEVER SHOWED UP. YEAH, THE APPROVED THAT MEDICAL BUILDING, THEY, THEY APPROVED THE REZONING BUT WE HAD CONDITIONS TO THE REZONING. THOSE STILL GOT FINAL SITE PLAN APPROVAL BUT WE RECOMMENDED CONDITIONS TO THAT REZONING AND THEY THEN THOSE WOULD CARRY OVER TO THIS BECAUSE THEY WERE THE REZONING. SO I DON'T CARE ABOUT THAT. GOT IT. AND THE BIGGEST ISSUE, YOU KNOW, IS THE NEIGHBORS WERE CONCERNED THAT WAS THE FENCING AND THE SETBACKS AND THE LANDSCAPING AND THE DRAINAGE SIDE AND ALL THOSE OTHER THINGS. I THINK THEY WERE VERY IMPORTANT THINGS. UM, THE, THE EXISTING PIZZA HUT, WHICH I HAD TO SEE COME DOWN 'CAUSE IT'S FALLING APART, THE FENCES ARE FALLING DOWN, REPORTING UP A MUCH SMALLER BUILDING. IT'S A 3,500 SQUARE FOOT BUILDING. DENNIS WAS CONCERNED BACK OF IT NEEDED VARIANCES, BUT IT'S A PRETTY SMALL BUILDING AND IT'S A LOWER USE ON THAT SITE. SO WE, AND AS LONG AS THEY DID THE SIDEWALK AND LANDSCAPE AND THE FENCING, WE THOUGHT WE COULD MITIGATE. AND CAMMY LOOKED AT THE, THEY'RE GONNA LOOK AT THE DRAINAGE, MAKE SURE WE'RE NOT CAUSING ANY DRAINAGE PROBLEMS. THERE'S ADJOINING PROPERTY OWNERS, OBVIOUSLY THEY CAN'T DO THAT. WE CORRECT THAT. I HAD 'EM CALL WITH THEM. WE WENT OVER IN DETAIL THEIR DRAINAGE PLAN AND I FEEL THE DRAINAGE AND IMPROVEMENT ON THE CURRENT CONDITION. SO WE GOT A SMALLER BUILDING AND A BIGGER FENCE AND IMPROVED DRAINAGE. AND IMPROVED DRAINAGE. WELL CAN YOU SAY IMPROVED? WELL THEY, IT IS BECAUSE USUALLY THEY'RE BETTER COLLECTING THE DRAINAGE OFF THEIR SITE AND BETTER DIRECTING IT TOWARDS THE PUBLIC, UH, RIGHT AWAY. SO I BELIEVE IT'S AN IMPROVEMENT. ALRIGHT. WELL USUALLY YOU DON'T SAY IMPROVEMENT USUALLY. YOU, YOU SAY IT, IT'S NOT GONNA MAKE IT WORSE. SO THAT'S, THAT'S A PRETTY BIG STATEMENT ON YOUR BEHALF. PROBABLY BECAUSE THE PIZZA WAS BUILT LONG AGO AND ONE JUST RAN EVERYWHERE. YEAH, THE DRAINAGE ON THE CURRENT SIDE IS SO POOR. I'M COMFORTABLE SAYING THIS FRUIT. ALRIGHT, EXCELLENT. I'M NOT GONNA GET A FREE PIZZA HUT PAN PIZZA WITH MY NO. WHEN YOU GET YOUR TEETH CLEANED AND IT'S UH, YOU KNOW, JUST TO GO ON. I DIDN'T THINK IT IS, UH, YOU KNOW, PIZZA HUT WAS OPEN TILL MIDNIGHT AND WHATEVER, AND THAT'S THE DENTAL PEOPLE LATER DOESN'T HAVE A VOLUME OF TRAFFIC AND WHATEVER. SO IT, IT IS KIND OF A GOOD, THAT'S WHEN WE DECIDED WE, WE ZONED IT SPECIFICALLY FOR ALBANIA. THAT IT WAS KIND OF SOME SOME MEDICAL OFFICE OF A LOWER, LOWER LEVEL IMPACT AND, UH, RESTAURANTS OR ANYTHING LIKE, THINGS LIKE THAT. OKAY? SO WHAT I'LL DO IS I'LL, I'LL READ THIS, BUT SINCE YOU GUYS DON'T HAVE IT, I'LL READ IT A LITTLE BIT SLOWER. STOP ME IF THERE'S WITH FLARE. [01:05:01] WITH FLARE. NO, NO FLARE. UH, STOP ME IF WE WANNA MAKE SOME CHANGES AS I GO. CAN DO IT SOME MUSIC. ALL RIGHT. THINKING ABOUT IT. BOTH THINKING ABOUT IT. YEAH. TRYING TO FIGURE OUT WHICH, WHICH SIGN. OKAY. SO ASPEN DENTAL DRAFT SITE PLAN, APPROVAL, RESOLUTION, NOT DRAFTED. WELL, IT'S STILL, IT'S STILL DRAFT BECAUSE I'M GOING OVER AND YOU GUYS CAN KIND OF CHIME IN. SO, WHEREAS THE TOWN OF HAMBURG PLANNING BOARD RECEIVED A SITE PLAN APPLICATION FROM ASPEN DENTAL MANAGEMENT INC. FOR THE DEMOLITION OF AN ABANDONED RESTAURANT IN CONSTRUCTION OF A 3,540 SQUARE FOOT DENTAL FACILITY AT 3 4 9 7 MCKINLEY PARKWAY. AND WHEREAS THE TOWN OF HAMBURG PLANNING BOARD HELD THE REQUIRED PUBLIC HEARING, AND WHEREAS THE TOWN OF HAMBURG PLANNING BOARD HAS REVIEWED THE PROJECT AGAINST THE TOWN CODE, HAS RECEIVED INPUT FROM TOWN DEPARTMENTS AND OTHER AGENCIES HAS RECEIVED ADDITIONAL INFORMATION AND REPORTS FROM THE APPLICANT AND PROVIDED INPUT TO THE APPLICANT. THAT HAS RESULTED IN AMENDED PLANS ADDRESSING PLANNING, BOARD PLANNING BOARD CONCERNS, WHEREAS IN ACCORDANCE WITH PART 6 1 7 OF THE IMPLEMENTING REGULATIONS PERTAINING TO ARTICLE EIGHT STATE ENVIRONMENTAL FOG AND RENEW ACT OF THE ENVIRONMENTAL CONSERVATION LAW, THE TOWN OF BURY PLANNING BOARD HAS DETERMINED THAT THE PROJECT IS A TYPE TWO ACTION AND NO FURTHER SEEKER ANALYSIS IS REQUIRED. AND WHEREAS THE PROJECT REQUIRES VARIANCES AND THOSE VARIANCES HAVE BEEN RECEIVED FROM THE HAMBURG ZONING BOARD OF APPEALS, NOW, THEREFORE BE IT RESOLVED THE TOWN OF HAMBURG PLANNING BOARD ISSUES CONDITIONAL SITE PLAN APPROVAL FOR THIS PROJECT WITH THE FOLLOWING CONDITIONS, ONE APPROVAL IS CONTINGENT UPON THE ENGINEERING DEPARTMENT COMMENT LETTER DATED JUNE 16TH, 2023. TWO, THE FINAL LANDSCAPING PLAN WILL BE APPROVED BY THE PLANNING DEPARTMENT. THREE, THE LIGHTING SHALL BE SHIELDED AND DARK SKY COMPLIANT AND SHOWN ON THE PLANS. FOUR. THE APPLICANT HAS AGREED TO CONSTRUCT AN EIGHT FOOT HIGH PRIVACY FENCE ALONG THE SITE'S EASTERN PROPERTY LINE AS REQUESTED BY THE NEIGHBORS. FIVE. A SIDEWALK PLAN WILL BE COMPLETED AND APPROVED THROUGH THE ENGINEERING DEPARTMENT THAT INCLUDES SIDEWALKS ON MCKINLEY AND MILE STRIP. DO WE HAVE ANY AMENDMENTS TO THAT? I DON'T MEAN FOR THIS TO BE NITPICKY, BUT INSTEAD OF RECEIVED VARIANCES, SHOULDN'T IT BE GRANTED FOR THIS PROJECT? THANK YEAH. GRANTED BY, NO, IT'S ALL RIGHT. I GOT, I GOT SOME NOTES FOR, FOR THIS TOO. YOU REREAD IT. YOU WANT ME TO REREAD IT? UH, NO, I'M JUST ASKING. NO, NO, YOU DON'T HAVE TO REREAD IT, BUT ALL RIGHT. SO THEN I'LL, I'LL MAKE A MOTION TO MOVE FORWARD THE SITE PLAN APPROVAL RESOLUTION AS READ AND AMENDED. IT SAYS A MOTION BY PLANNING BOARD MEMBER CLARK SECOND BY PLANNING BOARD MEMBER WICK. ALL IN FAVOR? AYE. AYE. OPPOSED? AYE. OKAY. MOTION CARRIED. AND BILL, FOR THE RECORD, NO ONE NOTICED AND WE'LL CORRECT IT ON THE RECORD. NOW, OUR MEMOS FOR THE LAST TWO MEETINGS CALLED THIS A 35,000 SQUARE FOOT BILL OH. AND NOT A 3,500 SQUARE BUILDING. BIG DIFFERENCE. BUT I GUESS THAT SHOWS HOW MUCH WE'RE LOOKING AT YOUR MEMO. IT'S CORRECT IN THE RESOLUTION. WHEN I LOOKED AT MY MEMO, I'M LIKE A TYPO ALL SAID 30. THE PROPERTY'S NOT EVEN THAT BIG, SO, YEAH, IT'S ALRIGHT. IS IT THAT, THAT PUT THESE ONES TOGETHER? BECAUSE THERE'S SOME, SOME WORDING ON SOME OF THE PARAGRAPHS THAT I WANTED TO CHANGE. YEP. SO YOU, I'VE NOTED THEM AND WE'LL CHANGE THEM AND THEY'LL GO IN THE MEETING MINUTES AS AMENDED BY THE PLANNING. WELL, THERE'S, THERE, THERE'S PROBABLY SOME ADDITIONAL ONES THAT I, OKAY, I DIDN'T SAY, BUT WE'LL, WE'LL GO OVER IT ON A DIFFERENT, WHEN WE GET A CHANCE. ALRIGHT, SO THAT WAS ASPEN DENTAL. NEXT ITEM ON THE AGENDA IS ALCHEMY SHORES REQUESTING REZONING OF PROPERTY LOCATED AT 3 7 8 0 HOOVER ROAD FROM M TWO LIGHT INDUSTRIAL DISTRICT TO MU ONE MIXED USE DISTRICT. SO WELL MAKE SURE TO INTRODUCE YOURSELF AND YOUR AFFILIATION FOR THE DEFENDANTS. UM, ANN MCINTOSH, M-C-I-N-T-O-S-H, UH, CO-OWNER [01:10:01] EL SCH NICOLE CASTLE, C-A-S-E-L-L, CO-OWNER HOR. UM, SO IT'S BEEN A WHILE SINCE WE'VE BEEN SEEING SO, UM, WE'RE HERE SEEKING REZONING, UM, FROM M TWO TO ME, ONE DISTRICT FOR THE PROPERTY AT 37 80 HOOVER ROAD. UM, THERE WERE A NUMBER OF CONCERNS BROUGHT UP AT THE PUBLIC HEARING, UM, BACK IN MAY THAT, UM, SO I'LL DO MY BEST TO KIND OF TRY TO CATEGORIZE THEM AND ADDRESS SOME OF THE CONCERNS. UM, WE CATEGORIZE THEM BY CONCERN, NOT BY INDIVIDUAL, INDIVIDUAL, JUST TO OVERALL CHANCE CONCERNS, CHANCE, GET A COPY OF THE DRAFT RESOLUTION. PROBABLY NOT, RIGHT? NO. OKAY. WE DID NOT, UM, WE DID SUBMIT A FORMAL STATEMENT LAST WEEK, SO ANYONE THAT MIGHT NOT HAVE RECEIVED THAT ELECTRONICALLY, I DO HAVE SOME PAPER COPIES. UPDATED HER COPY IF YOU'D LIKE ONE. YEAH, WE SENT THEM THE JUST FOR THE RECORD BILL. IT'S, UH, IT'S A RECOMMENDATION TO THE TOWN BOARD THAT ATTACHING A REPORT. THIS BOARD DOES NOT MAKE A DECISION ON THE REZONING. WE'VE GENERATED INFORMATION FOR THE TOWN BOARD TO MAKE IT, TO MAKE THE REZONING THE TOWN BOARD. ONCE THEY GET THE TOWN BOARD, WE WILL HOLD ANOTHER PUBLIC HEARING FOR PEOPLE TO COMMENT ON WHO GET TO SEE THE REPORT ISSUED BY THE PLANNING BOARD. AND THEN THE TOWN BOARD WILL MAKE THEIR DECISION ON SEEKER AND ON THE REZONING. IF THE REZONING IS PASSED, THEY COME BACK HERE FOR FINAL SITE PLAN REPORT. SO THAT'S BOTH NOTES IN THE REPORT ABOUT DRAINAGE AND OTHER THINGS WE'RE SAYING WILL BE FINALLY ADDRESSED. THE WILL BE ADDRESSED DURING SITE PLAN APPROVAL. IF IT REACHES THAT POINT, THEY HAVE TO GET THE REZONING FROM THE, FROM THE TOWN BOARD. I JUST WANNA MAKE SURE THEY KNOW THAT'S A RECOMMENDATION WITH THE REPORT TO THE TOWN BOARD. THANK YOU. UM, SO I THINK A, A BIG CONCERN BROUGHT UP AT, UH, THE LAST MEETING WAS REGARDING NOISE POLLUTION AND, AND PRIVACY CONCERNS BY OUR NEIGHBORS FAIRLY. UM, I MEAN WE INTEND TO FOLLOW ALL NORRIS NOISE ORDINANCES OF THE TOWN, UM, OF HAMBURG OVER ALCHEMY WINE AND BEER'S HISTORY, UH, OPERATING BUSINESS IN THE VILLAGE. WE'VE NEVER HAD A NOISE VIOLATION AND WE DON'T INTEND TO WITH THIS NEW BUSINESS. UM, SO FOLLOWING ALL NOISE ORDINANCE POLICIES, UM, SOME CONCERNS REGARDING POLLUTION WERE BROUGHT UP. UM, WE HAVE NO INTENTION TO ALLOW ANY GLITTER ON OUR PROPERTY, ANY FIREWORKS, CONFETTI, ANYTHING THAT WOULD CAUSE UNNECESSARY GLITTER. ANY MANMADE MATERIALS, MANMADE MATERIALS OUT ON THE BEACH WILL NOT BE ALLOWED AT ANY OF OUR EVENTS. UM, THAT WOULD BE IN ACCORDANCE TO OUR CURRENT BUSINESS PRACTICES IN THE VILLAGE AS WELL. UM, THE, ALL OF OUR CUSTOMERS SIGN A A SIGN A CONDITIONAL GUARANTEE THAT IF THEY BRING ANY OF THOSE THINGS ONTO OUR CURRENT PROPERTY, THAT THEY HAVE TO PAY A $500 FEE. SO THAT'S BEEN OUR POLICY FOR OVER FIVE YEARS, CERTAINLY. YEAH. UM, THERE WERE SOME CONCERNS ALSO REGARDING LIGHT POLLUTION. UM, FOR ANY OF THE NATIVE ANIMALS AND, AND THINGS. WE DON'T INTEND TO HAVE ANY PATRONS OUT ON THE BEACH AFTER SUNSET. UM, SO THERE WILL NOT BE ANY LIGHTS OUT, YOU KNOW, IN THE BEACH HINDERING WITH THE WILDLIFE. UM, AND PARKING LOT LIGHTS WILL ONLY BE ON DURING OPERATING BUSINESS HOURS. UM, SO WE FEEL THAT WE'LL NOT DISTURB THE NATIVE ANIMAL POPULATIONS. UM, BUT I THINK THE LARGEST, ONE OF THE BIGGEST CONCERNS RIGHTFULLY, IS REGARDS TO PRIVACY. WE'RE VERY CLOSE TO OUR, UM, OUR NEAREST NEIGHBORS. UM, AND WE INTEND TO INSTALL, UH, PRIVACY BARRIERS, PRIVACY FENCING. THERE IS A CURRENT CHAIN, OLD CHAIN LINK FENCE THAT, UM, WE INTEND TO TAKE OUT AND REMOVE, INCLUDING, UM, SOME OLD TREE STONES AND INSTALL A, A LARGE NEW FENCE BORDERING OUR NEAREST NEIGHBOR TO THE MAXIMUM HEIGHT THAT WOULD BE ALLOWED BY BY TOWN CODE. UM, AND WE ARE ABSOLUTELY OPEN TO EXTENDING THAT FENCE DOWN TOWARDS THE BEACH AREA TO CREATE A DELINEATED AREA WHILE ALSO, UH, PROVIDING NO TRESPASSING SIGNS, UM, TO DISCOURAGE ANY PUBLIC, UH, FROM S TRESPASSING ONTO THEIR PRIVATE PROPERTY OR RESPECT PRIVATE PROPERTY. YOU KNOW, WE INTEND TO DISCOURAGE TRESPASSING JUST LIKE ANYBODY ELSE WOULD TO PROTECT THEIR PROPERTY THROUGH SIGNAGE, THROUGH WORKING WITH OUR LOCAL POLICE THROUGH FENCING TO DISCOURAGE, YOU KNOW, ANYBODY TRESPASSING, WEAK NEIGHBORS PROPERTIES. SO THOSE WERE SOME OF THE, I THINK, MAIN HIGHLIGHTS IN REGARDS TO POLLUTION AND PRIVACY. THERE WERE SOME, A LOT OF OTHER, THERE WERE SOME OTHER CONCERNS. I MEAN, I THINK ONE OF THE MAJOR ONES BROUGHT UP IN THE MEETING WAS REGARDING BEACH CLEANUP AND ENVIRONMENTAL, UM, THINGS REGARDING OUR, UM, DEC RELATIONSHIPS. WE BROUGHT SOME PHOTOS OF, UH, WHERE THE BEACH CURRENTLY SITS TODAY. UM, AND WE TOOK OVER THE PROPERTY. THE BEACH AREA OF THE, OF THE PROPERTY HAD BEEN NEGLECTED FOR QUITE SOME TIME. IT REQUIRED QUITE A BIT OF CLEANUP. WE WORKED CLOSELY WITH, UM, OUR LOCAL DEC OFFICE TO CREATE A, A PLAN TO, TO CLEAN UP THE AREA [01:15:01] ACCORDING TO THEIR POLICIES. UM, AS WELL AS, UM, FORMER, UH, CODE ENFORCEMENT OFFICER JOE ENCORE. WE ALSO PROVIDED YOU A COPY OF A LETTER, UM, FROM JOE BONKO AND TIM WILLARD CODE ENFORCEMENT OFFICERS THAT CAME TO THE SITE TO UH, VIEW, UM, WHAT HAPPENED. AND, UM, YOU SHOULD ALL HAVE THAT LETTER OF APPROVAL FROM THEM CITING NO VIOLATIONS. VIOLATIONS. YEAH. UM, BUT WE ARE IN CONSTANT COMMUNICATION WITH THE DEC. WE INTEND TO CONTINUE THAT COMMUNICATION. UM, MEAN OWNING A BEACHFRONT PROPERTY IS A LARGE RESPONSIBILITY. WE TAKE THE ENVIRONMENTAL RESPONSIBILITY OF THAT VERY SERIOUSLY. SO WE HAVE AN ONGOING RELATIONSHIP WITH THEM TO UNDERSTAND WHAT'S REQUIRED, YOU KNOW, TO KEEP THE PROPERTY UPKEEP THE PROPERTY AS IT SHOULD BE. UM, WE DO HAVE SOME PHOTOGRAPHS. I DON'T KNOW IF YOU'D LIKE TO SEE IN TERMS OF WHERE THE PROPERTY SITS TODAY. THERE WERE SOME, YOU KNOW, ALLEGATIONS THAT IT WAS COMPLETELY, ALL THE VEGETATION WAS COMPLETELY REMOVED. IT'S SADLY IT'S NOT. IT'S NOT. UM, IT'S VERY MUCH GROWN. UH, HERE'S A PICTURE OF ALL THE DEAD TREES THAT WERE REMOVED. THE, THOSE HAVE BEEN DECADES WORTH ABOVE DEAD DECADES WORTHS YEAH, TRUNKS TRUE. AND ALL VEGETATION WAS MAINTAINED AND IS EXPLODING. AND THE SAND DUNE IS REMAINED COMPLETELY INTACT. UM, AGAIN, ACCORDING TO, UM, AND, AND WAS INVESTIGATED BY TIM WILLARD AND, AND FORMER, UM, JOE BONKO SUPERVISOR. UM, I GUESS MOVING ON IN TERMS OF GREEN SPACE AND, AND, AND KIND OF ENVIRONMENTAL CONCERNS, WE PLAN TO PLANT QUITE A BIT OF SHRUBBERY ALL ALONG, BORDERING THE PROPERTY, BORDERING OUR NEAREST NEIGHBOR TO PROVIDE ADDITIONAL PRIVACY AND NOISE BARRIERS IN ADDITION TO THE FENCING. UM, WE HAVE SOME PENDING APPLICATIONS WITH THE DC TO BRING IN SOME ADDITIONAL SAND AND CONTINUE TO ADD AND CLEAN UP TO THE CURRENT BEACH AND DUNE THAT EXISTS ON THE PROPERTY TODAY. UM, LET'S SEE, SEWER AND WATER LINES WERE BROUGHT UP IN THE LAST MEETING AS WELL. UM, I MEAN WE'VE, WE'VE SUBMITTED SOME PRELIMINARY SITE PLANS. UM, I KNOW WE'RE NOT DISCUSSING THAT TODAY, BUT THE PARKING WAS BROUGHT UP, UM, IN THE LAST MEETING THAT WE INCLUDED INSTALL 83 PARKING STALLS AND THE CURRENT SITE PLAN. UM, AND WE WILL NOT ALLOW PARKING ON HOOVER. ALL, ALL PARKING WILL BE WITHIN OUR ESTABLISHED PARKING LOT AND WILL BE MONITORED BY PARKING ATTENDANTS PER EVENT. UM, SO IT'S KEPT SAFE AND ORGANIZED AND NO ONE'S LEFT PARKING KIND OF ON THEIR OWN. UM, OUT ON THE STREET. SORRY, CAN YOU JUST GO BACK? MM-HMM . SO ONE OF THE CONCERNS THAT WAS VERY CLEARLY MADE BY THE RESIDENTS NEXT DOOR WAS AN ISSUE REGARDING THE SEWER AND WATER LINES. MM-HMM . AND I GUESS MY VERY CLEAR QUESTION IS, ARE YOUR, FROM YOUR EVENT SPACE, DO YOU HAVE DEDICATED WATER AND SEWER LINES THAT ARE GOING DIRECTLY FROM YOUR BUSINESS TO THE MAIN OR ARE THEY INTERCONNECTING INTO THE ADJACENT NEIGHBOR'S PROPERTY AND THEN OUT, DO YOU HAVE A DIAGRAM OR ENGINEERING DRAWING THAT SHOWS US HOW THE WATER AND SEWER IS CONNECTING FROM YOUR FACILITY TO THE WE DID NOT. WE DON'T HAVE THAT HERE TODAY. IT'S OUR UNDERSTANDING THAT THEY ARE SHARED BACK TO THE PUBLIC SEWAGE. WELL, IF YOU'RE SEEKER, YOU'RE GONNA HAVE TO GET COUNTY APPROVAL. RIGHT. WELL, RIGHT. BUT THE, TO HELP YOU , I JUST FEEL LIKE IT WAS, THAT IS IN THE REPORT THAT THEY'LL HAVE TO ADDRESS THAT SITE PLAN APPROVAL. I DIDN'T THINK THAT WAS THE, AND THEY KNOW THAT THE RULES AND REGULATIONS DEPARTMENT OF HEALTH AND WHATEVER ARE, WILL GOVERN HOW THEY HANDLE THAT SEWAGE AND HOW THEY AND WILL HANDLE HOW THEY HANDLE THAT DRAINAGE. UM, THEY WILL NEED TO RESOLVE, IF IT'S A SHARED LINE, THEY MAY NOT BE ABLE TO HAVE A SHARED LINE ANYMORE. THAT'S SOMETHING THEY SHOULD UNDERSTAND. BUT AT SITE PLAN APPROVAL, THEY WILL HAVE TO RESOLVE THAT. THEY WILL HAVE TO GET APPROVAL IF THEY'RE DOING DEPARTMENT OF HEALTH WILL SIGN OFF TAMMY OR CORRECT DEPARTMENT OF HEALTH THAT WILL BE, COUNTY SEWER DISTRICT WILL SIGN OFF AND ONLY IF THEY HAVE TO ALTER OR INSTALL A LINE. TYPICALLY IF THEY CONNECT TO AN EXISTING LINE, THERE IS NO APPROVAL REQUIRED. RIGHT. SO, UM, HOW ABOUT SHARED LINES? ARE THEY, IS THERE ANY SEWER DISTRICT? WELL, UH, WELL, I I MEAN I CAN EXPAND ON THIS IF YOU WOULD LIKE TO HEAR WHAT I FOUND OUT ABOUT IT DID WELL. DID YOU SEE THE MEMO? NO, I DIDN'T SEE, OKAY. . YEAH. NO, I MEAN, I, I I, I MEAN THE REASON I'M ASKING ABOUT THIS NOW IS BECAUSE THE TOWN BOARD IS GONNA HAVE TO MAKE A SECRET DECISION ON THIS REZONING AND SHARED INFRASTRUCTURE AND STRAIN ON COMMUNITY RESOURCES. THAT ALL FALLS AS WELL. NOT ONLY UNDER SITE SITE PLAN APPROVAL, BUT UNDER SEEKER. AND WHAT WE WANNA MAKE SURE IS THAT SOMETHING ISN'T HAPPENING THAT'S GONNA CAUSE AN ADVERSE SITUATION. MM-HMM . ON THE ADJACENT PROPERTY. ABSOLUTELY. IDENTIFY SITE PLAN. YES, YES, YES. BUT THAT WOULD ALL BE LOOKED [01:20:01] AT WHEN THEY COME BACK WITH THEIR PROJECT. NOT NOW. WELL, WELL, LET'S, LET'S LET CAMIE SAY WHAT SHE FOUND ABOUT IT. 'CAUSE I WANNA MAKE SURE THAT THERE'S NOTHING PER OUR LAST MEETING. I REACHED OUT TO YOUR COUNTY SEWER DISTRICT AND ASKED 'EM ABOUT THE PROJECT. I DID GET AN EMAIL FROM 'EM THAT SAID THEY HAD BEEN PREVIOUSLY CONTACTED BY THE NEIGHBOR CONCERN WHO, WITH THE CONCERN OF HAVING A SHARED LATERAL WITH THE PROPOSED VET CENTER. UH, THEY WERE NOT ABLE TO FIND ANY PERMANENT RECORDS FOR EITHER PROPERTY DUE TO AGE. UH, THEY SAID THAT THEIR SUPERVISORS MET WITH THE HOMEOWNER ON SITE TO SEE IF THEY COULD CONFIRM THE CLAIM, BUT DID NOT FIND ANYTHING INDICATING A SHARED CONNECTION. THEY REVIEWED THEIR CCTV RECORDS, WHICH IS THE VIDEOING OF THE SEWERS, AND THEY FOUND TWO SEPARATE ACTIVE CONNECTIONS. UH, THEY WERE TOLD, THEY WERE TOLD THE OWNERS OF THE PROPERTIES WOULD MEET TO DISCUSS HAVING A PLUMBER INVESTIGATIVE BURGER. THEY, THE ERIE COUNTY SEWER DISTRICT SAYS THEY DO HAVE HISTORY OF SEWER BACKUPS IN THE AREA. HOWEVER, IT IS UPSTREAM OF THE PROPOSED EVENTS CENTER, MAINLY DUE TO DEBRIS FROM THE NEIGHBORING COMMERCIAL PROPERTIES. THE, THE SEWER DISTRICT ADDRESSES THIS WITH ANNUAL CLEANING OF THE LINE. CAPACITY HAS NOT BEEN AN ISSUE IN THE AREA. UH, THEY SAID AT THE TIME THEY HAD NOT RECEIVED ANY PLANS OR ANYTHING FOR REVIEW. IF THE PROPOSED EVENT CENTER IS TO BE ALTERING OR INSTALLING A NEW LATERAL, THEY WILL BE REQUIRED TO OBTAIN PERMITS. SO IF THERE'S NO, IF THERE'S NO NEW INSTALLATIONS, DO YOU HAVE TO DO ANYTHING TO DETERMINE THAT THERE'S ADEQUATE CAPACITY BEFORE A BUILDING PERMIT'S ISSUED? NO. OKAY. NOT WITH AN EXISTING CONNECTION. AND AGAIN, WE DO VERY LITTLE WHEN IT COMES TO SANITARY SUPER DECISION IS ENTIRELY ERIE COUNTY SEWER DISTRICT. AND ACCORDING TO THEM, ONLY ALTERING OR INSTALLING A NEW LINE REQUIRES PERMIT. CORRECT. ANY ADDITIONAL QUESTIONS REGARDING THE SUM LINES OR, SO I DON'T THINK THAT, DO YOU HAVE OTHER ITEMS YOU WANNA GO LETTER? UH, A A FEW WERE JUST REGARDING SOME OF THE, THE LINES AND SOME OF THE CONCERNS THAT ARE BROUGHT UP, UM, BY NEIGHBORS REGARDING, UM, JUST REROUTING OUR CURRENT GUTTERS JUST TO MAKE IT A LI UH, TO HELP PREVENT SOME OF THAT WATER RUNOFF. AND MY SUPPOSE THAT WERE A COMPLAINT, THAT PROBLEM, THAT'S, THAT'S A PROBLEM. THAT'S SOMETHING WE CAN ABSOLUTELY DO. UM, AND THERE WERE A COUPLE OF COMMENTS REGARDING COMMUNITY ENHANCEMENT AND HOW WE MIGHT BE BRINGING COMMUNITY CHARACTER TO COMMUNITY TO THE TOWN OF HAMBURG. I MEAN, I THINK, UM, GOING OFF OF ALCHEMY'S, HI HISTORY AND, AND CURRENT BUSINESS OPERATIONS, WE, WE PLAN TO BRING A WIDE VARIETY OF EVENTS THAT BRING A LOT OF CHARACTER TO THE COMMUNITY THROUGH PUBLIC EVENTS AND, AND CRAFT CLASSES AND THINGS THAT ALCHEMY HAS BROUGHT TO THE COMMUNITY ALREADY. SO, UH, WE'RE REALLY JUST LOOKING TO, TO HELP USE THE WATERFRONT TO ITS HIGHEST AND BEST USE. AND, UM, WE'RE COMMITTED TO BEING RESPONSIBLE PROPERTY OWNERS AND RESPONSIBLE NEIGHBORS AND, UM, YOU KNOW, WE'RE LOOKING TO JUST TO ADD TO THE LOCAL BUSINESS COMMUNITY. SO I HOPE THAT'S A, THAT ADDRESSES MOST OF THE CONCERNS THAT WERE BROUGHT OUT IN THE, THE LAST MEETING. I KNOW THAT'S COVERS A QUITE A BIT OF TOPICS, BUT IF THERE'S ANY QUESTIONS, WE'RE HAPPY TO RESPOND. SO THE LAST MEETING, UM, A COUPLE SPOKE ABOUT A BUSINESS THAT MAY BE SHARING. SO WHAT ONE OF THE HALLMARKS OF THE MIXED USE ZONE IS TO HAVE MULTIPLE USES HAPPENING ON THE SITE. MM-HMM . THE APPLICATION, I THINK IT STANDS IS STILL TO SUPPORT THE EVENT SPACE. WHAT IS THE COMMITMENT THAT ELCON SHORES HAS TO MAKING THAT TRULY A MIXED USE SPACE WITH MORE THAN ONE USE HAPPENING ON IT AS OPPOSED TO JUST REZONING TO SOMETHING TO ONLY BE A SINGLE USE, I GUESS? ARE YOU TALKING, UH, THE, THE PEOPLE THAT DO THE PADDLEBOARD LESSONS? THAT'S AN EXAMPLE. YOU MEAN MIXED MIXED USE? YEAH, I GUESS TO, TO MAKE IT A TRUE MIXED USE RATHER THAN JUST REZONING SOMETHING THAT MAYBE WOULD BE MORE OF A COMMERCIAL USERS FROM OTHER ZONE. WHAT I GUESS IS BEING DONE BY UP SHORES TO MAKE IT A MIXED USE RATHER THAN THEM SINGLE USE. WELL, I MEAN, WE'RE COM WE'RE COMMITTED TO THAT. I THINK WE'RE, WE'RE LOOKING TO TAKE ONE STEP AT A, AT A TIME. I'D LIKE TO, TO HAVE OPTIONS AVAILABLE FOR, FOR THE BUSINESS. I THINK, UM, YOU KNOW, THERE'S ABSOLUTELY, THERE'S LOTS OF THINGS THAT WE WOULD LIKE TO DO, BUT THE PROPERTY THAT WOULD WARRANT IT FOR A MIXED USE PROPERTY. BUT, YOU KNOW, WE'RE TRYING TO TAKE ONE STEP AT A TIME IN TERMS OF GETTING OUR BUSINESS OFF THE GROUND IN TERMS OF FINANCIALLY AND, AND JUST RESOURCES WISE, STEP WISE, YOU KNOW, THOSE ARE ALL CONCERNS. UM, BUT WE ARE COMMITTED TO, TO DOING THAT, MAKING IT A TRULY A MIXED USE SPACE FOR THE COMMUNITY. [01:25:01] SO ON THE SITE PLAN THAT YOU PROVIDED, THE STRUCTURE ITSELF CALLS, IT HAS, YOU KNOW, THE EXISTING WAREHOUSE AND THEN PROPOSED CHAMPAGNE HOUSE. SO YOUR ALCHEMY SHORES IS, THE OPERATION IS PRIMARILY IN THAT CHAMPAGNE HOUSE PORTION OF THE BUILDING, RIGHT? THE CURRENT EXISTING BUILDING, YES. AND THEN, SO THEN ARE YOU, YOU KNOW, TO YOUR POINT OF HAVING LIKE MIXED USE THAT EXISTING WAREHOUSE, DO YOU HAVE PLANS TO UTILIZE THAT EXISTING WAREHOUSE FOR ANY SORT OF USE OUTSIDE OF JUST AN EVENT SPACE? NOT, NOT CURRENTLY. I MEAN, IT, IT WOULD BE STORAGE FOR NOW. IT WOULD BE USED AS STORAGE. BUT IF ALLOWED A MIXED USE ZONING THEN IT COULD BE OTHER USE, IT COULD BE USED FOR OTHER USES TO PROVIDE OPTIONS. I MEAN, I GUESS ONE OF MY CONCERNS IS WITHOUT UNDERSTANDING TRULY WHAT THE MIXED USE COMPONENT OF A MIXED USE DEVELOPMENT IS, I'M A LITTLE BIT NERVOUS AS TO HOW WE EVALUATE FULLY SOME OF THE TRAFFIC, PARKING, LIGHTING, ACCESSIBILITY, WHETHER OR NOT IT'S BORDER DEPENDENT. IT'S A LITTLE BIT CONFUSING TO ME AS TO HOW WE CAN EVALUATE ALL THAT AS PART OF SEEKER BECAUSE ONCE WE GRANT THIS REZONING AND WE GO THROUGH THIS, ALL OF THAT IS, IS PART OF THAT. AND YOU KNOW, I THINK A GREAT EXAMPLE OF WHERE WE SORT OF DIDN'T GET SPECIFICITY IS THAT STARBUCKS ON CAMP ROAD AND THEY DIDN'T TELL US WHAT WAS GOING INTO THAT DRIVE-THROUGH AND THEN IT WAS BACKING OUT ON CAMP ROAD AND WE NEEDED TO WORK WITH FOLKS TO GET IT CHANGED. AND WHAT WE WANNA DO IS NOT HAVE A SITUATION LIKE THAT WHERE WE DON'T HAVE ENOUGH DETAIL, WHERE WE'RE NOT PROPERLY EVALUATING WHETHER THERE'S ENOUGH PARKING, WHAT KIND OF TRAFFIC IS ON THE SITE, WHAT IT'S BEING USED FOR, UM, AND, AND HOW PEOPLE ARE BEING DRAWN THERE. AND IT'S HARD TO DO THAT WHEN WE ONLY KNOW THIS IS GONNA BE AT ONE TIME. BUT YES, WE'RE GONNA NEED EXCUSE. BUT WHAT, WHAT ELSE IS COMING AT SOME , EACH ADDITIONAL USE WOULD'VE TO HAVE A DIFFERENT SITE PLAN APPROVAL OR EVEN ADDRESS PARKING. THIS NEW MIX SYSTEM IS NOT REQUIRING MIXED USES ON THE SITE. IT ALLOWS MIXED USES ON THE SITE. THEY'RE PROPOSING THIS PROJECT. IF BILL SAID ANYTHING THEY WANNA DO IN THE FUTURE AND THEY GOTTA COME BACK, IF IT'S A USE THAT'S NOT SPECIFICALLY ALLOWED IN THE MIXED USE DISTRICT, THEY WOULDN'T BE ALLOWED TO DO THAT WITHOUT THE APPROVAL OF THE TOWN BOARD. THERE ARE USES ALLOWED, THIS EVENT CENTER ITSELF IS NOT SPECIFICALLY AND ALLOWED USE IN THE MIXED USE DISTRICT. IT IS ALLOWED BY THE REZONING PROCESS. SO THE, THE EVENT CENTER IS BEING LOUD BECAUSE, BECAUSE IT'S AN ALLOWED USE GRANTED UNDER, UNDER THE REZONING. SO IT'S A VERY INTERESTING, UNIQUE DISTRICT. KAITLYN, YOU SHOULD ASK THE QUESTIONS ABOUT IT. IT IS A NEW DISTRICT FOR THE TOWN. THIS IS THE FIRST ONE THAT'S BEING GRANTED. IT DOES NOT REQUIRE MIXED USES. IT ALLOWS MIXED USES ON THE SITE. THEIR FIRST PROPOSAL IS FOR AN EVENT CENTER. AND I THOUGHT SO SORRY, AND AGAIN WHAT I'M UNDERSTANDING, ARE YOU STILL PROPOSING OUTDOOR USES LIKE YOGA AND WHATEVER? SO THAT ALSO WAS ANOTHER USE THAT HAS TO BE CONSIDERED. THAT WAS SOME OF THE CONCERNS OF HAVING OUTDOOR USES AND MAKING SURE THEY'RE DONE CORRECTLY. SO MY UNDERSTANDING AND I THINK CAITLYN'S ASKING, YOU NEED TO MAKE SURE THIS REZONING REQUEST, YOU'RE ASKING FOR WHAT YOU WANT TO DO ON THIS SITE. NOT ALL THE WAY 10 YEARS FROM NOW, BUT AT LEAST WHAT YOU WANNA OPERATE IN THE NEXT COUPLE YEARS. BECAUSE THAT REZONING AND THAT SUBSEQUENT SITE PLAN APPROVAL IS ONLY GONNA BE FOR WHAT YOU'RE ASKING FOR. SO UNDERSTAND CURRENTLY IT'S JUST AN EVENT SPACE AND THE SPEAKER'S ONLY GONNA BE DONE ON WHAT THEY'RE ASKING FOR. SO I GUESS, SO THEN MY, MY QUESTION AND THE PIECE THAT WE NEED TO THINK ABOUT THEN IS ARE THEY GONNA HAVE TO GET A REZONING ANYTIME THEY ADD A SUBSEQUENT USE IN? SO IF WE ADD, SO BECAUSE THAT'S WHAT YOU'RE SAYING IS, IS THAT THIS REZONING IS TIED TO THEIR USE FOR THE EVENT CENTER. SO IF THEY ADD A WATER SPORTS FACILITY AND JUST AS AN EXAMPLE, THAT'S NOT WHAT'S HERE. SO WHAT I HEAR YOU SAYING IS THAT THE MIXED USE ZONE DOESN'T SPECIFICALLY THEY'RE CAN ONLY TO WHAT THEY ASK. SO THEY'RE DOING THIS, THEY'RE NOT GONNA PUT IN, I DON'T KNOW, A FAST FOOD RESTAURANT. BUT WHY DOES THAT MAKE A DIFFERENT USE ACCEPTABLE? IT'S NOT, IT MAKES SENSE IF IT'S SPECIFICALLY ALLOWED UNDER THE CODE, SAY THREE YEARS. I DON'T HAVE THE DISTRICT DEPARTMENT THREE YEARS FROM NOW, THEY WANT TO DO SOME OTHER USE THAT'S SPECIFICALLY ALLOWED IN THE MISUSE DISTRICT. THEY WILL COME TO YOU FOR SITE PLAN APPROVAL IF THEY PROPOSE A LEASE THAT'S NOT SPECIFICALLY ALLOWED, BUT GENERICALLY THEY WOULD HAVE GO BACK TO THE PLANT, THE TOWN BOARD AND GET ANOTHER REZONING TO ALLOW THAT USE. THAT'S NOT SPECIFICALLY ALLOWED. WE TRIED TO CREATE, IT'S A MODERN ZONING CODE. THOSE ARE THE MODERN TYPE DISTRICTS WHERE YOU CAN ANTICIPATE ALL THE USAGE. YOU SAY THESE ARE THE USES THAT ARE ALLOWED, BUT WE'LL ALLOW THROUGH THE REZONING PROCESS THESE OTHER TYPES OF USES. RIGHT. THERE'S NOT A USE FOR ONE USE THAT'S NOT ALLOWED. EVENT CENTERS ARE NOT SPECIFICALLY ALLOWED, BUT WE'RE GONNA DO IT THROUGH THE REZONING. THE OUTDOOR USE ISSUE IS, IS ALLOWED, BUT YOU NEED TO NAME THOSE USES THAT THIS IS THE PROJECT WE'RE APPROVING AND THAT COMES BACK TO YOU FOR SITE PLAN APPROVAL. SO IT'S, THOSE ARE GOOD QUESTIONS. WE NEED TO MAKE SURE WHAT WE'RE RECOMMENDING ON IS WHAT YOU'RE DOING ON THIS SITE. NOW, CURRENTLY IT'S JUST THE NET SPACE, RIGHT. AND THERE'S ALSO A, A PRETTY DECENT CATEGORY OF THAT AREN'T SPECIFICALLY ALLOWED BUT AREN'T PROHIBITED AND REQUIRE SPECIAL USE PERMITS [01:30:01] IN THAT TOO, RIGHT? YEAH. WHICH WOULD NOT BE REZONING, THEY WOULD JUST HAVE TO ASK FOR SPECIAL USE. IT'S NOT YOUR NORMAL STANDARD ZONING ALLOWED USE, NOT ALLOWED USE. IT'S A MODERN ZONING CODE. IT'S NOT A, YOU KNOW, LIKE A, A GREEN CODE THAT GOES FAR AND SAY USES AREN'T MATTER. WE DO SAY USES DO MATTER AND WE TRY TO, I KNOW THE RESIDENTS THERE WOULD BE CONCERNED ABOUT, HEY, THESE ARE THE TYPE OF USES THAT COULD GO GO THERE. AND THERE'S A PROCESS AND A PROCEDURE TO FOLLOW IF YOU WANT TO PROPOSE USES THAT ARE SPECIFICALLY NOT LISTED AS ALLOWED USES IN THIS DISTRICT. ONE BEING IN THE BED CENTER, NOT SPECIFICALLY ALLOWED IN THE DISTRICT, BUT ALLOWED THROUGH THE REZONING PROCESS. MM-HMM. SO THE ALLOWED USES AND FOR OUR NEWS MEMBERS BENEFIT AND JEN, YOU HAD SENT OUT THE MIXED DO ZONE, MAYBE YOU WANNA SEND IT TO HER, THE CODE RETAIL STORE BUSINESS AND PROFESSIONAL OFFICES, PERSONAL SERVICES ESTABLISHMENTS, RESTAURANT BAR OR SOCIAL CLUB RESIDENTIAL USES AS ALLOWED IN R 1 0 2 AND R THREE PARKING AS AN ACCESSORY USE TO A PRINCIPAL BUILDING RELIGIOUS INSTITUTION, MUNICIPAL OFFICE PARKS, BUT LIMITED TO PASSIVE OUTDOOR RECREATION AND INDOOR FITNESS CENTERS, ATHLETIC FIELDS AND RECREATION CENTERS. AND THEN THERE'S A WHOLE BUNCH OF OTHER WEST THAT ARE ALLOWED UNDER, ALRIGHT, SO THE INDIVIDUALS HERE TALKING ABOUT THE SKY DIVING OR WHATEVER. PADDLEBOARDING. PADDLEBOARDING. YEAH. NO. IS HE PART OF YOUR GROUP OR IS HE GONNA GET A PERMIT EVERY TIME HE USES IT? IT'S, HE'S JUST AN EXAMPLE OF A RECREATIONAL, UH, COMPANY. A THIRD PARTY THAT WE PARTNER THAT WE COULD PARTNER. YEAH. SO CONTRACT HE CONTRACTING WITH YOU MM-HMM . YES. YEAH. BASIC WATER RECREATIONAL ACTIVITY. RIGHT. HAVE YOU ALLOWED, 'CAUSE HE SAID YOU'VE GOT A TREMENDOUS BUSINESS AND THAT SCARES ME BECAUSE YOU DON'T HAVE ENOUGH PROPERTY NOW, MIKE. SO WHERE ARE THOSE CARS GONNA GO THAT HE BRINGS IN? GOOD QUESTION. UH, OUR SITE PLAN ALLOWS FOR 83 PARKING STALLS. I DIDN'T COME UP WITH THAT NUMBER OF 83. UM, OUR ARCHITECT DID FOR THE CURRENT, HE'S, YOU KNOW, HE'S GONNA HAVE PEOPLE ALL OVER THE PLACE. I DON'T THINK THEY'RE OPERATE AT THE SAME TIME AT ONE. YEAH, RIGHT. IT SEEMS LIKE HE WOULD BE LIKE A DAY, THEY'RE ONLY RUNNING EVENTS. THEY'RE GONNA BE NIGHTS AND WEEKENDS AND HE WITH THEM TO LIKE DO SOMETHING ON A WEDNESDAY AFTERNOON. I DON'T THINK HE WOULD BE THERE LIKE SATURDAY. MAYBE WEEKENDS. YOU COULD BE THERE SATURDAY ON THE WEEKEND, THE MORNING. WE DON'T HAVE A CONTRACT IN PLACE WITH HIM. YEAH. UM, AND IF HE'S A SUMMERTIME ONLY BUSINESS AND I DON'T THINK WE'LL BE OPEN THIS SUMMER, SO I DON'T, I HOPE HE'S IN BUSINESS NEXT YEAR. UM, AND SORT OF TO ANSWER YOUR QUESTION, CAITLIN, IT'S IT'S, IT'S IT'S THESE TYPES OF DETAILS IN A REALLY COMPREHENSIVE BUSINESS PLAN AND SPECIFIC HOURS AND STAFF AND FINANCIAL CONTRACTS THAT THAT, THAT, THOSE TYPES OF THINGS ALL, THERE'S PLENTY OF IDEAS. WE COULD COME AND WE COULD TALK ABOUT IDEAS TO USE THE SPACE MIXED USE FOR HOURS. BUT YOU KNOW, UNTIL THERE'S ACTUALLY SOMETHING COM COMPREHENSIVE TO PRESENT TO THE PLANNING BOARD, THEN I WOULDN'T FEEL COMFORTABLE OFFERING OFFERING ANY OF THESE, YOU KNOW, USE PERMITTED USES. UM, YOU KNOW, WE, WE WOULD BE COMMITTED TO WORKING WITH THE BOARD TO USE THE SPACE IN A MIXED USE WAY. THAT MAKES SENSE FOR THE, AND I DON'T THINK HE IMPLIED THAT THERE'D BE A HUNDRED PABLE USERS ALL AT THE SAME TIME IF HE WAS DOING A CLASS. NO, NO, NO. MY THING WAS ALL SUDDEN HE'D COME OUTTA NOWHERE. WE WERE TALKING YOGA CLASSES AND THEN THIS GUY SHOWS UP AND HE'S GONNA MAKE THEM A NEW HAWAII. YOU KNOW, MY, MY I JUST CAUTIONED BECAUSE THIS IS GOING TO SET THE STANDARD FOR, FOR THE NEW MENU ZONE AND I JUST DON'T WANNA RUSH INTO SOMETHING, UH, AND MAKE A MISTAKE THAT'S GONNA LAST FOREVER. YOU KNOW, I I DON'T THINK WE KNOW WHAT A REAL M1 USE IS. I MEAN THAT'S WHY WE'RE REFERRING TO THE BOOK AND I DON'T FEEL COMFORTABLE AT ALL AT THIS POINT. I THINK WE'D BETTER, WE WROTE THE ZONING CODE AND THEN SENT IT THE ON BOARD. MM-HMM . WE, WE ALL, WELL NOT WE ALL, BUT THE THREE OF US REVIEWED IT AND APPROVED IT TO SAY WE DUNNO WHAT'S IN ITAND DIFFICULT INCE THAT I FEEL UNCOMFORTABLE WITH ISN'T WITH THE CODE ITSELF, BUT THAT I THINK THAT WE, WHEN WE ENVISIONED IT, WE LOOKED AT LEAST WHEN I WAS DRAFTING IN MY ENVISION WAS THAT YOU COMBINED RESIDENTIAL, COMBINED COMMERCIAL, YOU MAYBE YOU HAVE, I I DON'T KNOW WHAT INDUSTRIAL OR WAREHOUSE, BUT IT'S A TRULY, YOU'RE LOOKING AT A DIVERSE DEVELOPMENT ON THE SITE AS OPPOSED TO ONE KNOWN USE. YOU'RE LOOKING AT A PLANNED MIXED USE. A PLANNED MIXED USE. YEAH. THAT'S WHAT AS OPPOSED TO OPPOSED, OPPOSED A SINGLE COMMERCIAL USE OR SET OF COMMERCIAL USES THAT MAY FIT INTO A DIFFERENT ZONE. RIGHT. AND I THINK THE, ESPECIALLY BECAUSE BY SPECIAL USE AND SPECIAL REZONING, THIS WOULD BE AN EVENT SPACE. YOU KNOW, THERE WAS A, WE HAD AN EVENT SPACE, A WEDDING VENUE CAME THROUGH PROBABLY BEFORE YOU GUYS WERE ON THE BOARD THAT'S OVER ON [01:35:01] TAYLOR ROAD. AND I LIVE IN THE, ON THE EDGE OF THE VILLAGE, UM, BACK TOWARDS THE MAIN PART OF THE VILLAGE. AND I CAN HEAR THE EVENTS FROM THAT SPACE AND IT'S SEVERAL THOUSAND FEET IF NOT MORE FROM MY HOUSE THERE. AND THAT BASED ON THEIR SITE PLAN APPROVAL IS ONLY INDOOR. SO MAYBE THE, THE DOORS OR THE WINDOWS ARE OPEN. AND MY CONCERN IS, IS THAT WE ARE LOOKING AT AN EVENT SPACE. WE'VE ALL BEEN TO WEDDINGS. THE MUSIC IS ALLOWED, THE DJ'S ALLOWED, PEOPLE ARE, THERE'S PEOPLE OUTSIDE. PEOPLE ARE SPREADING OUT. IT'S A GREAT TIME. IT'S A LOT OF FUN, BUT THERE'S A HOUSE LIKE 10 FEET AWAY. THREE. AND WHETHER OR NOT THAT IS AN APPROPRIATE USE, USE OF, I DON'T KNOW HOW WE CAN GUARANTEE THAT THERE, THERE'S NOT GONNA BE NOISE AND THUS THERE'S A NUISANCE LEVEL. I DON'T KNOW HOW, I DON'T KNOW HOW WE JUXTAPOSE HAVING RESIDENTIAL HOMES THERE AND PRESERVING THEIR RIGHT TO THEIR HOME AND ALSO MAKE YOU SUPER SUCCESSFUL AT WHAT YOU WANNA DO. 'CAUSE PEOPLE WANNA COME AND THEY WANNA HAVE FUN. THEY WANNA BE IN EVENT SPACE, THEY WANNA BE RELAXED. THEY DON'T WANNA BE HAVING INTERACTIONS WITH THE NEIGHBORS. THEY DON'T WANNA LIKE, THEY WANNA COME AND HAVE A GOOD TIME. AND THAT'S WHAT MAKES YOU GUYS A SUCCESSFUL BUSINESS. AND HOW WE RECONCILE THOSE TWO THINGS TOGETHER. PEOPLE ARE ALLOWED, THEY'RE HAVING A GOOD TIME, THEY'RE HAVING FUN. AND I KNOW YOU GUYS HAVE ANOTHER SPACE, BUT THERE'S A LITTLE BIT MORE BUFFERING BEFORE YOU GET TO, TO HOMES AND RESIDENCES AND IT'S PART OF A, A BUSIER DISTRICT. UM, I MEAN THAT, THAT JUST TRULY REMAINS A REAL CONCERN FOR ME ABOUT THIS PROJECT IS THAT THERE'S JUST PEOPLE LIVING RIGHT THERE. WHATEVER YOU DO HERE, IT IS NOT PRECEDENT SETTING EVERY PROJECT AND SITE IS UNIQUE. A WATERFRONT SITE IS UNIQUE FROM ANY OTHER SITE. CAITLYN, JUST UNDERSTAND THE HISTORY OF IT. THIS SITE IS ZONED INDUSTRIAL. NOW YOU COULD HAVE AN INDUSTRIAL USE ON THIS SITE AND THAT'S, AND THE OVERVIEW COMMITTEE RECOMMENDED TO THEM TO DO MU ONE BECAUSE IT OFFERED THE OPPORTUNITY FOR FUTURE THINGS TO BE DONE WITH THE SITE. WE RECOMMENDED TO THEM TO DO MU ONE, THEY COULD HAVE DONE C ONE OR C TWO. SO I DON'T, I AGREE THAT YOU GUYS DONE THAT. THAT DOESN'T MEAN THAT I NECESSARILY THINK THAT THERE'S NOT A CONFLICT POINT BETWEEN THE EXISTING USERS AND THE ADJACENT. SO WHETHER OR NOT THAT WAS THE RECOMMENDATION AS TO THE BE PATH TO PURSUE DOESN'T MEAN THAT I NECESSARILY NEED TO AGREE WITH IT. BUT THERE REMAIN ISSUES THAT WERE NATURALLY WITH THE RECOMMENDATION HERE. THERE'S A COUPLE THINGS, BUT THE REALITY IS, IS THERE'S PEOPLE LIVING AND THERE'S THEN THERE'S AN EVENT SPACE AND THOSE THINGS INHERENTLY HAVE DIFFERENT INTERESTS THERE. WELL, ON THE PROPERTY, WHAT WOULD YOU BE ZONING FOR? DUDE, THAT'S NOT TO QUESTION. THAT'S NOT QUESTION IS NO, THAT'S WHAT'S BEFORE US EVALUATING WHAT'S IN FRONT OF US. SO WHAT I'M SAYING IS, IS THE OTHER THING THAT I WOULD SAY AND OTHER THING THAT I WOULD SAY, DREW, WELL THE TOWN BOARD HAS RESIGN PROPERTY. HOLD, HOLD ON. SO THE OTHER THING THAT I WOULD SAY IS THAT IN THE STATE'S COASTAL ENFORCEABLE POLICIES FROM THE STATE, THERE IS AN EMPHASIS ON MAKING SURE THAT WE PRESERVE WATER DEPENDENT COMMERCIAL AND INDUSTRIAL USES AND THEIR ACCESS TO THE WATERFRONT. SO I APPRECIATE THAT YOU'RE SAYING THAT. AND I, I DON'T WANT THE IMPLICATION THAT THIS IS BETTER THAN INDUSTRIAL BECAUSE IT MAY NOT BE. THERE ARE DIFFERENT USES IN DIFFERENT CASE CASES AND WHAT WE CAN RESPOND TO IS WHAT PEOPLE WANNA COME FORWARD AND DO. BUT WHAT I DON'T THINK IS APPROPRIATE IS FOR US TO BE PRESSURED BY THINKING THAT ONE USE IS BETTER OR WORSE AND THAT THIS IS INHERENTLY JUST BETTER. THAT THAT'S NOT A FAIR THING. YOU CAN ONLY REACT TO WHAT'S IN FRONT OF US AND WHAT'S BEFORE US. AND WHAT I'M SAYING IS, IS THAT INHERENTLY I SEE A CONFLICT AND A CHALLENGE HERE WITH THIS SPECIFIC REQUEST FOR USE TO BE SPECIFICALLY ALLOWED AS A SPECIAL USE AND THE FACT THAT THEY'RE NEIGHBORS SO CLOSE TO THE PROPERTY LINE THAT HAVE BEEN THERE FOR A LONG TIME. AND I REALIZE THAT YOU MAY HAVE A DIFFERENT OPINION, BUT THAT I DON'T, I WASN'T AT THAT CODE REVIEW COMMITTEE. THEY RECOMMENDED HOW BOARDS RECOMMENDED, HOW BOARD MEMBERS RECOMMENDED THIS TO THEM. SO I, MY ONLY RECOMMENDATION, I I'M SORRY I SEEM FRUSTRATED. YOU NEED TO MAKE YOUR RECOMMENDATION ONE WAY OR THE OTHER TOWN BOARD TOWN HAS TO MAKE YOUR DECISION. THIS HAS BEEN SIX MONTHS. WE HAVE TO MAKE A DECISION ON THIS. SO MAKE THE, MAKE THE RECOMMENDATION, MAKE THE RECOMMENDATION, PUT YOUR CONCERNS IN THERE AND SAY THIS IS, THIS IS A CONCERN TO YOU THAT NEEDS TO BE ADDRESSED BY THE TOWN BOARD. I WOULD MAKE IT THAT WAY. I MEAN I'M NOT OPPOSED TO SOME OF THE OTHER USES THAT ARE ONLINE IN THE MIXED USE OR IN THE INDUSTRIAL, BUT I HAVE SOME SERIOUS CONCERNS AND THE PUBLIC HAS SERIOUS CONCERNS ABOUT PUTTING A USE THAT IS INHERENTLY ALLOWED. EVENING, NIGHT, ENJOYABLE, BE OUTSIDE, LISTEN TO THE MUSIC, HAVE THE BAND, HAVE A DJ. THOSE ARE GREAT, I THINK THAT PEOPLE SHOULD BE ABLE TO DO AND WANT TO DO IT IN EVENT SPACE. BUT THEY'RE NOT THINGS THAT YOU WOULD DO 10 FEET FROM WHERE SOMEBODY'S BEDROOM IS. [01:40:02] SO SURE WE REALLY HAVE TO GET SOMETHING TO THE TOWN BOARD BECAUSE IT'S THE TOWN BOARD'S ULTIMATE DECISION, NOT OURS. UM, WE DO HAVE A DRAFT REPORT SO WE CAN MAKE CHANGES TO THAT REPORT. WE CAN VOTE ON THE REPORT UP OR DOWN. ONE OF THE THINGS I WANT TO TALK ABOUT ON THE SECOND PAGE IN THE MIDDLE, THERE'S THE WATERFRONT COMMITTEE HAD REVIEWED THIS APPLICATION, COMPLETED THE COASTAL CONSISTENCY FORM AND RECOMMENDED COASTAL CONSISTENCY TO THE TOWN BOARD. WHILE THOSE THINGS DID HAPPEN, THE PLANNING BOARD HASN'T RECEIVED THAT. SO IT'S, THAT'S THE, UH, ALCHEMY SHORES ARE NOT THE WINDOW. RIGHT, RIGHT, RIGHT. OKAY. WELL THOSE THINGS DID HAPPEN. THE PLANNING BOARD DID NOT RECEIVE THEM. SO I DON'T KNOW IF WE'RE COMFORTABLE IN LEAVING THAT IN THE MEMO WHEN I PUT SUGGESTIONS TOWARDS THE MEMO, I INCLUDED THAT. BUT THAT WAS BECAUSE I WAS PART OF THAT PROCESS AND I DIDN'T REALIZE THAT THE REST OF US NEVER GOT THE FORM. SO, AND WE NEVER GOT THE NOTES FROM THE WATERFRONT COMMITTEE. RIGHT. AND WHAT THEIR EVALUATION WASN'T, YOU COULD JUST SAY THAT THE TOWN BOARD CAN REFERENCE THE DOCUMENTS THEY RECEIVED FROM THE WATERFRONT REVITALIZATION, BUT THAT WAS NOT RECEIVED BY THE PLANET BOARD AND THEY CAN REVIEW IT OUT THERE. SO THE, SO THE TOWN BOARD TALKING ABOUT THE CONSISTENCY BOARD, YOU'RE TALKING ABOUT A REPORT? NO, I'M JUST, SO, SO THAT WAS MADE BY THE DECISION THAT WAS MADE BY THE WATERFRONT COMMITTEE IS THE COASTAL CONSISTENCY REPORT. SO THEY DIDN'T DO AN ADDITIONAL MEMO OR ANYTHING, IT WAS JUST THAT WE ONE REPORT, BUT THE, THE, THE PLANNING BOARD WASN'T PROVIDED THAT REPORT. SO FOR US TO REFERENCE IT IN OUR MEMO RIGHT. IS PROBLEMATIC. SO WE CAN SAY THE TOWN BOARD SHOULD CONSIDER THE INFORMATION RECEIVED FROM, IF WE DON'T HAVE THE REPORT, HOW CAN WE MAKE AN IMPORTANT DECISION? WELL I THINK WE SO LET'S JUST TAKE OUT THE SENTENCE WE'RE WRITING. ALL WE'RE DOING IS MAKING A RECOMMENDATION. RIGHT. BUT WE CAN JUST TAKE OUT THAT SENTENCE THEN. OH, IT'S NOT THE SENTENCE. I MEAN I WOULD TAKE, WILL WE BE RECEIVING ANY COPIES OF ANY OF THESE? THIS IS JUST A DRAFT REPORT OR WHATEVER THE RECOMMENDATION THIS OR THE ONE THAT YOU'RE REFERENCING. ONE THAT WAS DONE FOUR OR FIVE MONTHS AGO. RIGHT, RIGHT. WE DIDN'T, WE JUST DIDN'T GET A COPY. SHOULD I CONTACT SOMEONE TO GET IT CONTACT YOU DON'T, YOU DON'T HAVE IT EITHER. SHOULD WE BE RECEIVING THE COPIES OF THIS REPORT OR THIS OR THE JOSH PROBABLY HELP YOU OUT WITH THAT. OKAY. YEAH, SO THIS ONE WE'RE STILL WORKING ON, SO, SO WE JUST WANNA TAKE THAT SENTENCE OUT. RIGHT. AS FAR AS, I GUESS CANDIDLY, I GUESS I MADE THIS CLEAR AND I, SORRY 'CAUSE I THINK IT WAS A GREAT BUSINESS IDEA, BUT I DON'T KNOW THAT I WOULD AGREE. THERE'S A LOT OF STATEMENTS THAT SAY THAT THIS WOULD BE A GOOD TRANSITION BETWEEN RESIDENTIAL AND COMMERCIAL UNITS IS IN THE AREA TO INDUSTRIAL AREA. I DON'T KNOW THAT I AGREE WITH THAT. AND THAT WHERE, WHERE SPECIFIC, 'CAUSE A LOT OF THE STUFF IS PULLING FROM THE COMPREHENSIVE PLAN. WHERE, WHERE ARE YOU READING THAT? UH, SECOND PAGE. UM, THERE'S A STATEMENT THAT THE PROPOSED ZONING AND USE AND WHAT I WOULD SAY IS WHEN WE'RE TALKING ABOUT THE ZONING AND USE, IT'S NOT JUST TO MIXED USE, IT'S MIXED USE WITH AN ALLOWANCE FOR AN EVENT CENTER PROVIDE A GOOD TRANSITION BETWEEN RESIDENTIAL AND COMMERCIAL USES. I DON'T AGREE WITH THAT STATEMENT WITH THE EVENT USE. AND I THINK THERE'S A COUPLE OF OTHER ITEMS HERE BECAUSE THERE'S NOT REALLY A, CAN I JUST ADD SOMETHING HERE? I I WOULD LIKE TO MAKE A COMMENT IF I CAN. YES. FIRST OF ALL, I CONCUR WITH, UM, CAITLIN AND EVERYTHING SHE SAID ABOUT THE FRUSTRATION AND BEING PRESSURED AND BEING TORN. UM, I THINK THAT THE CONCEPT, THE BUSINESS CONCEPT IS A GREAT IDEA, BUT I'M STRUGGLING PUTTING IT IN THIS AREA BASED ON THE HEARINGS AND THE RESIDENTS AND THEIR CONCERNS AND THE WATER PROBLEMS THAT WE DON'T HAVE ANY, UM, JURISDICTION OVER, FOR LACK OF A BETTER WORD. BUT I THINK THAT ONE OF THE THINGS THAT SHOULD BE PUT IN THIS REPORT IS THAT, UM, THIS VENUE IS, AND, AND I BEAR WITH ME WHILE I STRUGGLE WITH THIS, BUT I, THIS VENUE SEEMS TO BE OVERSIZED FOR THIS PARTICULAR USE LOT SIZE. UM, I THINK IT'S A GREAT VENUE, BUT I DON'T THINK THIS IS THE GREAT, YOU KNOW, I I, I AGREE THAT MIXED USE AND WHAT THE IDEA IS, BUT THEN TO BRING THIS VENUE IN AND ASK FOR A SPECIAL USE PERMIT, UH, WITH [01:45:01] ALL OF THESE OTHER CONDITIONS, I, I CAN'T LIKE TRYING TO PUT A ROUND PEG IN A SQUARE HOLE AND TRYING TO FILL IN ALL THE CORNERS. AND THAT'S WHAT I'M STRUGGLING WITH. I'LL JUST ADD TO THAT WITH THE CAPACITY CONCERN, A FUTURE MIXED USE, WE DON'T KNOW WHAT THAT IS THAT, THAT THAT IS A CONCERN. IT SEEMS OVERSIZED LIKE YOU SAID, AND NOT KNOWING WHAT THE FUTURE HOLDS PROBLEMATIC. AND I THINK THAT THIS USE, THIS, THIS MIXED USE IS, YOU KNOW, MAYBE TWO OFFICES OR A DOCTOR'S OFFICE AND I, I'M JUST PICKING ANYTHING OUT OR MAYBE LIKE A SMALL DINER OR SOMETHING LIKE DOESN'T HAVE. AND HERE'S MY THOUGHT. I THINK THAT SOMETHING IN THIS REPORT SHOULD SAY THAT WHATEVER WE DO WITH THIS, UM, ZONING OR REZONING, IT SHOULD NOT HAVE A NEGATIVE IMPACT ON THE SURROUNDING COMMUNITY. AND I THINK THAT WE HAVE ENOUGH TESTIMONY HERE THAT INDICATES THAT THERE'S A LOT OF NEGATIVE IMPACT, UM, GIVEN THROUGH THE, UM, HEARINGS THAT WE'VE HEARD FROM THE RESIDENTS. I MEAN, I DON'T KNOW IF THERE ARE PEOPLE WHO FEEL COUNTER TO THIS TO KIND OF SUMMARIZE IT. I MEAN I THINK THERE ARE A LOT OF BENEFITS TO SOME OF WHAT THEY'RE THINKING ABOUT, BUT WHETHER OR NOT THIS IS A BIG EVENT, SPACE BEING THE RIGHT, I GOTTA BE HONEST WITH YOU, I COULD SEE THE YOGA, I CAN SEE THE, THE UM, PADDLE CORD. I COULD SEE AN AFTERNOON LUNCH, BRIDAL SHOWER. I CAN'T SEE THE RECEPTIONS, I CAN'T HEAR THE BAND, I DON'T SEE THE BANDS. I DON'T SEE THE, UM, AND I REALIZE THAT THERE'S A FINANCIAL ASPECT OF IT, BUT I'M NOT LOOKING AT THAT PART OF IT. IF, IF THIS IS THE PIECE OF PROPERTY, THERE'S OTHER USES THAT COULD BE USED FOR THIS PIECE OF PROPERTY WITH THIS REZONING THAT COULD FIT UNDER THAT, THAT ARE A DRAW BOTH TO OTHER PEOPLE IN THE TOWN OR THINGS THAT YOUR NEIGHBOR AND NOT COFFEE SHOP, SMOOTHIE BAR, YOGA STUDIO. WHAT I MEAN HAVE YOGA CLASS YOGA CLASSES OUTSIDE. RIGHT. AND YOU KNOW, THEY HAVE NOT THAT I'M TELLING YOU WHAT TO DO WITH YOUR BUSINESS. YEAH. THEY'RE DOING IT AT WOODLAWN NEXT DOOR RIGHT NOW. YEAH. BUT UM, DOING THE YOGA CLASSES, YEAH, IT'S A GOOD IDEA. THE PAINTING, THE SIT AND PAINT CLASSES OR INDOORS OR SOMETHING THAT'S NOT GONNA HAVE A NEGATIVE IMPACT. WE DID, WE TEND TO DO ALL THE 500 MAKE YOUR OWN CHRISTMAS WRE AT ALCHEMY OVER 30 DAYS. INSANE. BUT THE CHALLENGE IS, IS THAT LIKE AN EVENT SPACE, SUPPOSED DITCHES AND SHOPS LIKE AN EVENT SPACE MEANS THAT YOU CAN HAVE WEDDINGS, YOU CAN HAVE SHOWERS, YOU CAN HAVE MM-HMM PEOPLE CAN RESERVE A SPACE AND IT CAN BE LOCKED AND YEP. AND A SPACE, WELL IT'S NOT EXCLUSIVELY A WEDDING VENUE SO I DON'T WANNA, BUT, BUT IT WOULD ALLOW THAT AND THAT WOULD BE ACTUALLY MOST DESTRUCTIVE USE. I THINK THAT'S WHAT THE CHALLENGE IS. SURE. BUT, BUT I THINK IT'S IMPORTANT TO LOOK AT THE POLARIZING OTHER SIDES. SO SEE THE HIGHEST, THE LOUDEST IS, BUT ALSO THE QUIETEST AS WELL. AND THERE'S NOT GONNA, EVERY SINGLE USE IS NOT GOING TO BE AT THE LOUDEST, MOST POLARIZING SIDE. YOU KNOW, THERE'S GONNA BE MANY USES WITHIN IT. CONDITIONS ON YOUR RETINA AND CONDITIONS, REALLY IMPORTANT CONDITIONS WANNA DO THAT IF THAT'S THE ISSUE. IF THERE USES YOU THINK ARE APPROPRIATE, SOME OF THOSE USES ARE APPROPRIATE. YOU COULD SAY YOUR RECOMMENDATION DOES NOT ALLOW, UH, LARGER EVENTS OR LA LARGER EVENTS ON A LIMITED BASIS. THEY, THEY CAN APPLY AND THEY HAVE TO THE BUILDING DEPARTMENT NOW AND GET AN EVENT PERMIT AND RUN AN EVENT THERE TOMORROW. WELL, I MEAN GET GETTING, GETTING BACK IN WHAT WE'RE REALLY HERE FOR, YOU KNOW, HOW I FEEL ABOUT VARIANCES AND, AND REZONING AND ALL THAT. BUT THE THING IS, NOT ONLY ARE WE GONNA REZONE IT, THEN WE GOTTA GET A SPECIAL USE PERMIT. SO THAT'S AN INDICATOR TO ME THAT IT DOESN'T FIT. WELL I THINK TO, TO YOUR POINT SOMEWHERE IN THE CAMP, WE REALLY SHOULD BE DE INDUSTRIALIZING THE POST. IT'S NOT APPROPRIATE. WELL AND IT'S NOT INDUSTRY, BUT I DON'T, I DON'T WANNA LIKE STEP ON YOUR COMMENT, BUT NOT ONLY ARE YOU OF THAT CAMP, THE COMPREHENSIVE PLAN THAT WE JUST ADOPTED RIGHT. SAYS THIS PARTICULAR AREA IS NOT TO REMAIN INDUSTRIAL. MM-HMM SO THE TOWN BOARD HAS GIVEN US DIRECTION THAT WE HAVE TO CHANGE THIS. BUT I THINK CAITLIN'S POINT ABOUT THE PROXIMITY TO THE NEIGHBOR IS ALSO REALLY HARD THING TO OVERCOME. AND TWO, MY THOUGHT ON THE MU ONE, WHICH I'M, I DON'T KNOW WHAT ELSE TO DO BECAUSE IN THE ONE HAND IT'S SO USEFUL OF THE ZONE BECAUSE IT ENABLES YOU TO NOT HAVE TO KNOW WHAT YOU'RE GONNA DO WITH EVERY NOOK AND CRANNY. RIGHT? WE'RE JUST GONNA WORK THIS OUT LATER. BUT IT ALSO HAMSTRINGS US A LITTLE BIT BECAUSE WHEN YOU COME BACK AND SAY, WELL I WANNA DO THIS AND I CAN DO IT AS OF RIGHT UNDER THE ZONING CODE AND WE DON'T LIKE IT OR WE DON'T THINK IT'S APPROPRIATE, THEN WE HAVE NO RECOURSE. AND THAT'S PERHAPS WHERE SOMETHING LIKE NEIGHBORHOOD COMMERCIAL WOULD BE. I MEAN I'M NOT SAYING THAT WE, JUST BECAUSE WE NEED TO DE INDUSTRIALIZE IT DOESN'T MEAN THAT IT HAS TO BE THIS REZONING. THAT'S TRUE. SO THERE ARE THINGS LIKE NEIGHBORHOOD COMMERCIAL THAT ARE DESIGNED TO ABUT RESIDENTIAL [01:50:01] NEIGHBORHOODS. THERE ARE THINGS LIKE THAT. AND IF THEY WERE COMING TO US WITH A SUITE OF BOUTIQUE SHOPS AND A YOGA STUDIO AND LIKE DIFFERENT, DIFFERENT USES AS OPPOSED TO ONE MULTIPURPOSE SPACE THAT COULD DO ALL OF THE THINGS THAT TO ME WOULD BE MORE OF LIKE IF YOU HAD A SERIES OF SMALLER STALLS OR SMALLER SHOPS OR SOMETHING LIKE THAT, THAT TO ME WOULD MAYBE FIT MORE WITH A, A MIXED USE THAN IT WOULD HAVING AN EVENT SPACE OVER WHICH IT COULD BE ALL OF THE THINGS. AND WHILE THEY COULD GET A PERMIT TO HAVE AN EVENT OUT THERE TOMORROW, THEY DON'T REALLY HAVE A BATHROOM THEY'D HAVE TO DO LIKE, LIKE IT'S NOT NECESSARILY SET UP RIGHT TO, TO FACILITATE THAT. SO I THINK, I MEAN IN MY MIND, IF YOU'RE SAYING IT HAS TO BE NOT INDUSTRIAL NEIGHBORHOOD COMMERCIAL, MAYBE SOMETHING THAT MIGHT BE WORTH MORE LOOKING AT OR SOMETHING THAT IS IN HARMONY WITH HAVING PEOPLE RIGHT THERE. OR MAYBE IT'S RESIDENTIAL OR MAYBE IT'S, I MEAN THERE'S A THOUSAND OTHER USES. I DON'T THINK THAT'S FOR AUSTIN OSTEO INSIDE FOR SOMEBODY WHO WANTS TO HAVE IT TO DO IT. BUT IT'S ALSO REALLY AT THIS POINT FOR THE TOWN BOARD TO DECIDE, YOU GUYS COULD QUITE FRANKLY SAY WE THINK THIS IS A HORRIBLE IDEA AND DON'T RECOMMEND AGAINST IT AND IT COULD STILL HAPPEN. YEAH. SO I THINK THIS IS ALL GETTING AWAY FROM YOUR ROLE RIGHT NOW. AND I THINK YOU JUST HAVE TO ULTIMATELY MAKE YOUR RECOMMENDATION, WELL WAIT, WE HAVE TO MAKE A RECOMMENDATION, BUT WE'VE BEEN TRADITIONALLY WRITING A MEMO ABOUT WHAT WE THOUGHT ABOUT TO SUPPORT THAT RECOMMENDATION. AND I THINK WHAT EVERYBODY'S TRYING TO SAY HERE IS, IS THERE SHOULD BE SOME THINGS THAT MAYBE WE ADD TO THIS TO OR REMOVE ADD OR REMOVE. UM, I MEAN THIS, CAN WE GO BACK TO THE HEART OF THE QUESTION THEN AND WHY? AND MAYBE DREW, I DON'T KNOW IF YOU KNOW THE ANSWER TO THIS. I DON'T KNOW IF YOU BOTH KNOW, BUT WHY DID, WHY WAS NU ONE SUGGESTED OVER NEIGHBORHOOD COMMERCIAL OR SOMETHING THAT WOULD ALLOW YOU TO DO THE EVENTS SPACE AND THERE SIMILAR, THERE WERE ONLY TWO CHOICES FOR THEM TO RECOMMEND CREATED THE NU ONE DISTRICT OR THE WC DISTRICT IN ACCORDANCE WITH THEIR, THE STATE OF NEW YORK DID NOT WANT US REZONING ANY MORE PROPERTIES OTHER THAN THEY WERE WATERFRONT COMMERCIAL OR WATERFRONT DEPENDENT OR ENHANCED USE. THAT'S WHY WE SET UP THAT DISTRICT. THEY MADE US DO THE WATERFRONT COMMERCIAL DISTRICT, WE, THE CODER REVIEW COMMITTEE. I WASN'T THERE, DIDN'T LIKE THE IDEA OF WATERFRONT COMMERCIAL. THEY LIKED THE IDEA OF A MIXED USE DISTRICT BECAUSE OF IT. YOU'RE RIGHT, I UNDERSTAND MIXED USE DISTRICT OFFERS A LOT OF DIFFERENT OPPORTUNITIES . SO TO SHED SOME LIGHT IN IN THAT POTENTIALLY. SO WHY NOT WATERFRONT COMMERCIAL WATERFRONT COMMERCIAL'S PRETTY NARROW, RIGHT? RESIDENTS AND GIVEN THE IMPACT OF AN EVENT CENTER A ANY ADDITIONAL USES PROBABLY CAN'T BE VERY LARGE. IT MIGHT BE WE WE THOUGHT IT COULD BE A RESIDENTIAL USE. SOME SMALL RESIDENTIAL USES WOULD MAYBE FIT WITH THE, WELL THE EVENT CENTER'S ALREADY THERE. BUT AS FAR AS SPACE AND PARKING AND AND CAPACITY HAVING ANOTHER BIG COMMERCIAL THING LIKE A OLD STORE OR SOMETHING. I JUST THINK THAT THEY CAN'T SPEAK FOR THE CODE ITY, BUT THEY THOUGHT THEY HAD MORE CONTROL WITH THE U ONE DISTRICT. THE WC DISTRICT ALLOWS BY WRIGHT MARINES AND DECKS AND BOATYARDS HOTELS AND MOTELS, RESTAURANTS, UH, BOAT LAUNCHES, FACILITIES, UH, UH, BUSINESS AND PROFESSIONAL OFFICES. COMMERCIAL RESIDENTIAL USES WHEN 50% OF THE BUILDING IS A RESIDENTIAL USE. THERE'S ALL THESE THINGS. SO AGAIN, THEIR RECOMMENDATION, AGAIN, YOU HAVE A CODE REVIEW COMMITTEE RECOMMENDING THE TOWN BOARD. TOWN BOARD REFERS IT TO THE PLANNING BOARD. I I AGREE. YOU GUYS ARE GENERATING, IT'S JUST GENERATE THOSE COMMENTS. YOUR COMMENTS ARE MORE IMPORTANT THAN THE ACTUAL RECOMMENDATION. IF YOU'RE RECOMMENDING FOR SOMETHING RECOMMEND CONDITIONS THAT COULD BE ATTACHED TO IT. SO I'M JUST TRYING TO GET TO THE POINT TO MAKE THAT RECOMMENDATION A LONG TIME. THEY NEED A DECISION RECOMMENDATION TO THE CONDITIONS. IT SEEMS AS THOUGH ALL OF THE ANGST HAS TO DO WITH LARGE EVENTS WITH THIS LARGE AMOUNT OF WELL RIGHT. AND CONDITION NUMBER EIGHT AND SO FORTH. BUT YET IT DOESN'T HAVE TO BE THE BE ALL END ALL WITH RESPECT TO HAVING THIS RECOMMENDATION FOR THIS VERY FLEXIBLE USE OF A PIECE OF PROPERTY WHERE THE CONDITIONS CAN BE IS STIPULATE THE SIZE OF SIZING OR YOU KNOW, THIS EVENT SPACE SO THAT IT FITS WITHIN THE PROPOSED SPACE SO THAT WE THEN DON'T HAVE AN ISSUE WITH THIS OVERCROWDING LOUD NOISES AND SO FORTH. ABSOLUTE. AS PART OF RECOMMENDATION. HOW DO YOU WRITE AND ENFORCE, HOW DO THEY MAKE THAT ENFORCEABLE BY THE CODE? SO THEY'RE NOT, SO WHAT WE DID IN, IN OUR RECOMMENDATION THAT WE HAVEN'T VOTED ON OR OR BUT AGE EVENTS SHALL BE LIMITED IN SIZE BY THE PARKING SHOWN ON THE SITE PLAN. SO WE'RE, WE'RE PUTTING IN A CONDITION TO THE REZONING THAT THE EVENTS CAN BE LIMITED IN . WHAT DOES THAT MEAN? THAT'S GONNA MEAN WHAT THE TOWN WHERE MEANS WHEN THEY VOTE ON THE REZONING. DOES THAT MEAN HAVE TWO? I MEAN HOW DOES THAT FACTOR? I MEAN I THINK IF I'M GONNA, CAN I BE CANDID? I THINK THAT WE SHOULD STEP AWAY FROM THIS ENTIRE ZO REPORT RECOMMENDATIONS, MAYBE [01:55:01] COME UP WITH A BULLETED LIST OF WHAT OUR CONCERNS ARE HERE AND AND OUTLINE THOSE OUT. BECAUSE I DON'T THINK THAT US WE'LL BE HERE ALL NIGHT IF WE WANNA GO BACK AND FORTH ON EVERY POINT TO TWEAK THIS. OKAY. AND MAYBE WHAT WE, YOU KNOW, CONCERNS ARE THAT LIKE, AND I DON'T KNOW HOW WE COME UP WITH A DECIBEL RATING, BUT LIKE A CERTAIN NOISE LEVEL AT, AT PROPERTY LINE OR YOU KNOW, THAT WOULD BE A . I MEAN THE DECIBEL RATING IS SO THE TOWN HAS A NOISE. IT'S, IT'S NOT HOLD ON. IT'S NOT PART OF THE TOWN'S NOISE ORDERS. WE DON'T HAVE A DECIBEL LIMITATION. THE TOWN IS, WE'RE SETTING THAT. BUT THAT'S WHAT I'M SAYING WE CAN'T HAS COMMEND WE'RE RECOMMENDING WE RE YEAH, WE'RE REC FINDING. THAT'S WHAT I'M SAYING IS THAT SOME OF THESE RECOMMENDATIONS, SO THE CONCERNS, SO I MEAN I CANDIDLY I'M NOT OPPOSED TO A MIXED USE, BUT I DON'T THINK THAT WE SHOULD BE ADDING THE SPECIAL ISSUE IN BACK SPACE. I MEAN I GUESS UNFORTUNATELY THAT WOULD BE MY RECOMMENDATION. JUST CLEAR UP. I JUST HAD JOSH PULL IT UP. THERE ARE NO SPECIAL USE PERMITS IN THIS DISTRICT. THEY'RE NOT, THERE ARE USES ALLOWED BY RIGHT, UH, USES ALLOWED THROUGH THE REZONING PROCESS. CORRECT. THAT'S WHAT I'M SAYING USE, THAT'S ALL THERE ARE. THERE ARE NO SPECIALTIES PERMIT YOU CAN SAY THESE. SO THIS IS THE ALLOWED, THESE ARE THE USES THAT ARE ALLOWED THROUGH THE REZONING. LIKE A SPECIAL EVENTS IS NOT LISTED IN THERE. IT'S IT IS ALLOWED THROUGH AS A SO WROTE THROUGH THE REZONING PROCESS. SO SINCE WE WROTE A REZONING, NOT NOT SPECIAL USE THEN THE TOWN BOARD RIGHT. TO MAKE THAT DECISION EVERY TIME IT COMES UP. CORRECT. YOU JUST SAID THE EVENT CENTER ISN'T LISTED THERE. RIGHT. THE IT'S AN OKAY THING. IT'S AN OKAY. IF YOU APPROVE IT AS THE REZONING, YOU WOULD HAVE TO SAY IN THE REZONING, WE ARE ALLOWING THIS EVENT CENTER WITH THESE RESTRICTIONS. OKAY. AND AGAIN, IT'S A MODERN ZONING CODE. IT'S MORE DOESN'T HAVE THOSE, I KNOW YOU GUYS ARE USED TO STANDARD EUCLIDEAN ZONING. THIS IS A MODERN ZONING CODE THAT ALLOWS YOU TO SET THOSE PARAMETERS BASED UPON THE CONDITION. I AGREE WITH CA CAITLIN, YOU GOTTA LOOK AT THE PIECE OF PROPERTY. IS IT SUITABLE FOR THE COMBINED USES THAT YOU'RE PUTTING ON THE SITE? THAT IS CORRECT. THAT IS THE CONTROL OF A, OF A ZONING DISTRICT LIKE THIS. AS YOU'RE SETTING THE PARAMETERS OF HOW THIS SITE IS BEING DEVELOPED. AND DREW, YOU BROUGHT UP THAT THERE'S A SPECIAL EVENT PERMIT, RIGHT, THAT THEN HAS ALL THE WELL THAT'S A SPECIAL EVENT. THEY, ANYBODY IN THE TOWN, IN A COMMERCIAL DISTRICT OR WHATEVER CAN APPLY FOR A SPECIAL EVENT PERMIT. THEY CAN APPLY TO THE CHURCHES, APPLY AND HAVE SPECIAL EVENTS. THE THE UH, THE VFW, ALL THOSE PLACES CAN APPLY TO RUN SPECIAL USE PERMITS. THEY CAN DO THAT. THAT'S A SPECIAL EVENT PERMIT DOESN'T COME TO YOU THAT MAKES CERTAIN POINTS AND SCALES OF EVENTS. RIGHT. I'M JUST SAYING THAT THERE'S LIKE THE, THE ANGST IS ABOUT THE SCALE OF THE EVENT AND ABOUT THE NUMBERS OF PEOPLE THAT ARE COMING. AND SO IS, AND TO YOUR POINT OF HAVING ANY ABILITY TO ENFORCE THE TYPES AND SIZES AND SO FORTH, IS THERE A WAY THAT WITHIN THE RECOMMENDATION YOU CAN HAVE A STIPULATION OR A TIPPING POINT AT WHICH A SPECIAL EVENT PERMIT THEN NEEDS TO BE PULLED IN ORDER FOR A LARGE EVENT? THAT WOULD GREAT IDEA SORT OF IDEAS C GO THROUGH AND THEN THEY GET THEIR REVIEW FOR THE, THE IMPACT FOR A ONE OFF EVENT. IT'S ONLY CERTAIN TYPES OF EVENTS THAT ARE ALLOWED THAT ARE REQUIRE SPECIAL UNIT. UH, I JEN BUR WOULD'VE TO LOOK AT IT AND JOSH PULLED UP. BUT ONLY CERTAIN TYPES OF EVENTS. SO LIKE IF YOU'RE HAVING A GIANT PARTY IN YOUR BACKYARD, YOU DON'T NECESSARILY NEED IT, WHICH THEY'RE NOT HAPPEN. CORRECT. BUT IF THEY'RE HAVING A GIANT PARTY THAT THERE WASN'T SOMEONE ELSE, IT MAY NOT APPLY. UH, I GUESS WHAT I'M SAYING IS THE SPECIAL EVENT IS FOOT RACES. I MEAN IT'S LIKE IN PUBLIC SPACES. SO THE SPECIAL EVENT PERMIT IS RESIDE FOOT RACES, BICYCLE EVENTS, MOTORCYCLE EVENTS AND PARADES OR OTHER VIOLENT EVENTS. SO IT'S, AND IT HAS A PUBLIC RESOURCE THAT IS REQUESTED TO BE USED. SO THAT'S THE SPECIAL EVENT THAT'S FROM THE TOWN'S WEBSITE. SO A SPECIAL EVENT PERMIT WOULDN'T APPLY TO SOMETHING ON A PRIVATE PROPERTY. THINK CA'S TRYING TO SAY, IS THERE SOMETHING, AND YOU'RE RIGHT, IS THERE A CONDITION YOU CAN PLACE? WE TRIED TO, AND AGAIN HOW WE GENERATED THE REPORT WAS WE GOT INPUT FROM, FROM YOU GUYS AND WE DID THE STANDARD FORMAT. YOU'RE RIGHT, THE ISSUE IS THE SIZE OF THE EVENT. THEY'RE RUNNING AN EVENT CENTER. WE TRIED TO PUT IN THERE THAT THEY'RE GONNA BE LIMITED BY AN 80 CAR PARKING LOT. I UNDERSTAND THE PEOPLE LIVING THERE. WE HAD DOCK OF THE BAY WHICH WAS, I WAS HERE WHEN IT WAS A HUGE PROBLEM. PEOPLE PARKED EVERYWHERE. THERE WAS PROBLEM. THAT'S WHAT PEOPLE ARE AFRAID OF IS THAT IT'S GONNA TURN INTO THIS TYPE OF PROBLEM AGAIN. THAT THE TOWN HAD DIFFICULTY ENFORCING THE POLICE WERE OUT THERE ALL THE TIME TICKETING PEOPLE 'CAUSE THEY WERE PARKING UP AND DOWN THE ROADS, THERE WAS NOISES TO WHATEVER TO UNDERSTAND THE PLANNING BOARD'S CONCERNS. AND WHAT CAITLYN'S SAYING IS, CAN WE RECOMMEND SOMETHING THAT WE CAN CONTROL THAT IT WON'T TURN INTO SOMETHING THAT IS OUT OF CONTROL WITH, THAT'S LIKE WE DEFINITELY DON'T, WE WANNA RESPECT THE NEIGHBORS, WE WANNA RESPECT THE NEIGHBORHOOD. I UNDERSTAND THE DOCK OF THE BAY WAS A DIFFICULT, DIFFICULT PROBLEM FOR YEARS. IT WAS A BIG PROBLEM FOR YEARS ISN'T CAPACITY. EVERY YEAR ISN'T OUR CAPACITY. WHEN, I MEAN [02:00:01] I ISSUED A CO ISSUED A COS I THINK IT'S 125 PEOPLE. MAX WAS OUR POTENTIAL. POTENTIAL. IT DICTATE HOURS. THAT DOESN'T DICTATE WELL WE HAVE HOURS IN TO WORK WITH CONDITIONS. WE'RE WILLING TO WORK WITH CONDITIONS. THAT'S ALL WE'RE LOOKING FOR. I MEAN, WE COULD, WE'VE GOT IN FRONT, WE CAN'T DICTATE, WE CAN'T DICTATE HOURS. BUT IN THEIR PRESENTATION THEY CAN SAY, THESE ARE THE HOURS WE'RE LIMITING OUR OPERATION AND WE MAKE OUR DECISION MAKING ON THAT. SO AGAIN, WE ARE ASSUMING THAT THE HOURS OF OPERATION ARE LIMITED. THIS IS NOT GONNA RUN LIKE A BAR TO 2, 3, 4 IN THE MORNING. THAT IS NOT SUITABLE FOR THE AREA. LESS. I MEAN I GUESS OUR CONDITIONS IS THE OCCUPANCY, WELL WE DON'T KNOW, BUT IT'S NOT A 400 PERSON. I WOULD, I THINK IT'S 125 SEATED. IT'S FOUR, IT'S 4,000 SQUARE FEET. SO WE WON'T KNOW UNTIL WE KNOW, UNTIL THE FRONT PLANNING BOARD, BUT I, I BELIEVE IT'S 125 PEOPLE, WHICH IS WHY THEY CAME UP WITH 83 STALLS. SO, I MEAN, I THINK THAT, THAT, THAT SHEDS LIGHT ON THE ACTUAL SIZE AND THE CAPACITY THAT'S ABLE TO BE HAD MY CURRENT VERSUS FAR IS A HUNDRED PEOPLE. IT'S 25 PEOPLE MORE. I MEAN, IT'S NOT SO IN YOUR RECOMMENDATION, YOU'RE VERY CONCERNED ABOUT THE SIZE OF THE EVENTS THAT ARE GONNA BE ON THERE, CORRECT? IT'S NOT, NO, IT'S NOT THE SUB. I MEAN, IT COULD BE 40 PEOPLE, BUT IF IT'S LOUD, IF PEOPLE ARE OUTSIDE, PEOPLE ARE DRINKING, LIKE IT'S DISRUPTIVE. IT, IT'S NOT THE, THE CONCERN FOR ME IS NOT THE NUMBER OF PEOPLE. IT IS THE FACT THAT THERE'S STUFF, AND EVEN IF THE DJ IN MUSIC IS ONLY INSIDE OR WHATEVER TYPE OF A SPEAKER PRESENTATION OR WHATEVER THOSE ACTIVITIES ARE, ACTIVITIES, THEY'RE LIKELY TO BE HEARD IS PEOPLE ARE COMING IN AND OUT AND THERE'S NOISE DISRUPTION FROM ON PEOPLE THAT ARE RIGHT THERE. AND, AND IT'S NOT NECESSARILY TRIGGERED BASED ON THE NUMBER OF PEOPLE. I MEAN, WE CAN MAKE RECOMMENDATIONS TO THE DOWN BOARD TO LOOK AT TOWN CODES. SO WHY DON'T WE VOTE ON A RECOMMENDATION TO HAVE THE TOWN LOOK AT REVIEWING THEIR NOISE ORDINANCE IN ORDER TO ADD SPECIFICITY TO MAKE IT MORE ENFORCEABLE. SO, I MEAN, WE CAN, IF THE NEIGHBORS HAVE A COMPLAINT, IF HAVE SOMETHING A LITTLE BIT MORE AUTHORITATIVE THAT THEY CAN REFERENCE IF SOMETHING IS LOUD AND THAT WOULD APPLY ANYWHERE IN THE TOWN. CAN I, CAN I JUST PHRASE A THOUGHT TOO AND THEN WE CAN STOP READING THIS. UM, SO WE'RE NOT GONNA STOP OPERATING IT. WE ARE. YEAH. UM, SO I GUESS TO YOUR POINT, CAITLYN, I, I TOTALLY AGREE WITH ALL THE THINGS THAT YOU'RE SAYING, BUT I FEEL LIKE THE PATH IS MORE NARROW THAN THAT. BECAUSE IF DREW IS TELLING US THAT THE ONLY AVAILABLE SUITE OF OPTIONS, WHICH IS NOT OUR CALL, WAS WATERFRONT COMMERCIAL OR AN INDUSTRIAL OR THIS NEW ZONE, RIGHT? AND THE COMPREHENSIVE PLAN IS TELLING US THAT WE DON'T WANNA HAVE AN INDUSTRIAL COASTLINE. AND IF I LOOK AT WATERFRONT COMMERCIAL DISTRICT, THEN WE ARE AT, LIKE DREW WAS SAYING HOTELS AND MOTELS RESTAURANTS, UM, WHICH TAKES US RIGHT BACK TO THE DOCK. SO LIKE SURE. THIS IS KIND OF LOOPING BACK IN ON ITSELF. WELL, I GUESS WHAT I'M SAYING IS, IS THE D THIS FRONT ASKS TO DO A MIXED USE THAT HAD MORE OF A SPECIFIC PLAN AND DID NOT INCLUDE AN EVENT SPACE. AND MY CONCERN IS THE FACT THAT WE ARE DOING MIXED USE WITH THE ALLOWANCE FOR AN EVENT SPACE. THE EVENT SPACE. HOW WOULD THE RISKS OF NOISE AND CHAOS BE DIFFERENT IF IT WAS A RESTAURANT, WHICH IS THE ONLY OTHER ALLOWABLE DOWN? SO WE'RE NOT GONNA HAVE A, THAT'S WHERE I'M STUCK BECAUSE WE'RE KIND OF LOOPING BACK TO LIKE, THE RISK SEEMS THE SAME, BUT THERE ARE OTHER THINGS THAT COULD BE DONE. SO I GUESS WHAT I'M SAYING IS I CAN ONLY REACT TO THE PROJECT THAT IS IN FRONT OF US NOW. I CAN'T SPECULATE ON WHAT SOMEBODY ELSE OR SOMEBODY ELSE MIGHT WANNA PURCHASE THIS PROPERTY OR HAVE SOME OTHER USE. IT'S SPECULATIVE. AND I DON'T LIKE THE IDEA OF MAKING A DECISION JUST BECAUSE SOMETHING ELSE MAY BE WORSE WHEN WE DON'T KNOW WHAT IT IS. WHAT IF IT'S A COFFEE SHOP AND A DINER THAT JUST DOES BRUNCH? WHAT IF IT IS A BOOKSTORE? WHAT IF IT IS I WHAT IF, BUT LIKE, SO I'M NOT SAYING I'M OPPOSED TO MIXED USE. WHAT I'M SAYING IS THE MIXED USE WITH THE ADDITION OF THE EVENT SPACE IS WHERE I HAVE A BIGGER CONCERN. I'M ALSO LIKE IF I, I, THAT'S MY CONCERN. AND I, THAT IS NOT TO SAY THAT I DON'T THINK THAT THE BUSINESS IS A GREAT IDEA. I HAVE CONCERNS ABOUT THE NATURE OF THE USE ON THE PARCEL THAT WE'RE LOOKING AT. AND BILL MAKES A GOOD POINT THOUGH. I MEAN, THE ONLY THING THAT DOESN'T ALLOW WATER DEPENDENT USE. SO ANYTHING ELSE THAT WAS COMMERCIAL, WHICH IS THE ONLY OTHER OPTION HAS TO BE WATER DEPENDENT. WELL, I MEAN, DOES IT ALLOW LIKE A WATER BOATS WHAT THEY WANTED PUT IN A PIER TO SUPPORT CANOES OR WHATEVER? IS THAT ALLOWED UNDER MIXED USE? YES. UNDER WATER COMMERCIAL? YEAH. YEAH. NO, NO. UNDER, BUT IT'S NOT ALLOWED UNDER MIXED USE. SO WE COULDN'T PUT IN A WATER SPORTS, NO SPORTS RECREATION. SO COULD BE, BUT IT DOESN'T ALLOW FOR WATERFRONT. [02:05:01] IT DOESN'T HAVE TO BE WATERFRONT DEPENDENT. NO. THAT'S THE DIFFERENCE. NO, THE MIXED USE SONY CODE WAS INTENDED FOR DIFFERENT AREAS OF THE TOWN, BUT DOESN'T HAVE TO BE THE WATER. UM, WE'RE OPEN TO CONDITIONS. I DON'T KNOW IF, I'M JUST LOOKING TO TRY TO MOVE FORWARD, UM, JUST BEFORE YOU FOR SIX MONTHS. SO WHEN IT'S LOOKING FOR SOME SORT OF FEEDBACK THAT WE CAN WORK WITH TO CONDITIONS WE'RE TO BUILD OUR BUSINESS MODEL AROUND WHAT YOU'RE LOOKING FOR, I AGREE THAT WE SHOULD BE DOING SOMETHING AND MOVING THIS FORWARD BECAUSE IT'S NOT FAIR TO THEM. AND OUR CHOICES ARE WE CAN GO WITH THIS MEMO AND VOTED UP OR DOWN OR WE CAN DO SOMETHING DIFFERENT. SO DO WE WANT TO VOTE ON THIS MEMO? I MEAN, WE CAN MAKE SOME CHANGES TO IT OR WE CAN DO SOMETHING COMPLETELY DIFFERENT. I THINK THAT WE SHOULD USE THIS MEMO AND ADD THE CHANGES THAT WE SUGGESTED HERE TONIGHT, LIKE ON PAGE TWO ABOUT THE, A GOOD TRANSITION BETWEEN THE RESIDENTIAL CROSS OUT, CROSS THAT OUT. UM, I THINK THAT THE WORD ABOUT, UM, ANY TYPE OF BUSINESS SHOULD NOT HAVE A NEGATIVE IMPACT OR NOT ADD ADDITIONAL NEGATIVITY TO THE, UM, CHARACTER OF THE COMMUNITY. SOMETHING OF THAT STATEMENT SO THAT WE'RE NOT SELF-CREATING SOMETHING HERE WITH, AND NOT JUST THIS BUSINESS, BUT ANY BUSINESS COMING INTO THIS AREA. I THINK THAT WHAT DO YOU THINK? WELL, I I I THINK THAT THE, IT'S TOO BROAD OF A STATEMENT. NO, I I THINK THE LWRP AS ADDRESSES THAT, BUT ADDRESSES IT IN A WAY THAT IT KIND OF COMPETES WITH ITSELF. OKAY. UM, SO I, I HAVE ON THE MEMO, PAGE 18, OH, THIS IS A COMPREHENSIVE PLAN REFERENCING WATERFRONT NEIGHBORHOODS AND HAMLETS. MM-HMM . PROTECTING THE RESIDENTIAL AREAS FROM THE POTENTIAL ADVERSE EFFECTS OF INDUSTRIAL USES, WHICH AT REZONING WOULD DO. PLANNING AND DEVELOPING A NEW APPROPRIATE USAGE IN ABANDONED WATERFRONT AREAS, PROMOTING INVESTMENT IN AND DEVELOPMENT OF PUBLICLY ACCESSIBLE LANDS IN THE WATERFRONT AREA, PROVIDING PUBLIC ACCESS TO THE LAKEFRONT AND CREATING MORE OPPORTUNITIES TO ENJOY THE LAKE. IF WE SAY IT HAS NO ADVERSE IMPACTS ON THE NEIGHBORS, IT'S REALLY DIFFICULT TO, IN HAMBURG, ESPECIALLY WHERE THERE'S SO MANY RESIDENTIAL, UH, PROPERTIES ALONG THE LAKE, IT'S REALLY DIFFICULT TO PROVIDE PUBLIC ACCESS TO THE LAKEFRONT FOR PEOPLE THAT DON'T LIVE ON THE LAKE WITHOUT HAVING, UH, IMPACT ON THE PEOPLE THAT DO LIVE THERE. BUT THE NEXT, SO THAT ONE THERE IS, THE WHOLE SENTENCE IS PROVIDING PUBLIC ACCESS TO LAKEFRONT AND CREATING MORE OPPORTUNITIES TO ENJOY THE LAKE WITHOUT INFRINGING ON EXISTING LAKEFRONT RESIDENTS. AND THAT'S, THAT'S PAGE 18 OF THE, THE NEW THAT WE ADOPTED COMPREHENSIVE PLAN, WHICH IS DIFFICULT TO BALANCE THE TWO. UM, THE PART ABOUT IN INDUSTRIAL AREAS AFFECTING THE RESIDENTIAL, TALKING TO THE NEIGHBORS, THEY FEEL THAT THIS IS MORE OF AN INTRUSION THAN WHAT'S THERE NOW. RIGHT. BUT THE COMPREHENSIVE PLAN SPECIFICALLY IDENTIFIES THAT AREA AS ONE THAT WE WANT TO TRANSITION AWAY FROM INDUSTRIAL DEVELOPMENT. DID ANYBODY TALK TO THE ? I HAVE NOT FOUND ONE RESIDENT WHO WAS UPSET WITH THE INDUSTRIAL. SO THE COMPREHENSIVE PLAN, THERE WAS SURVEY, THERE WERE PUBLIC HEARINGS, THERE WAS DISCUSSIONS TOWN WIDE, AND WE HAD MAPS THAT PEOPLE WOULD CIRCLE AND SAY AND THAT, SO THAT'S WHERE THAT CAME FROM. SOMEBODY CIRCLED THAT AREA ON THE MAP AND SAID, THIS SHOULDN'T BE INDUSTRIAL ANYMORE. IT WASN'T NECESSARILY WHEN ALL THOSE, YEAH, IT'S JUST THE INDUSTRIAL RIGHT NOW IS NOT HAVING AN ADVERSE EFFECT ON THE NEIGHBORS. I MEAN, I THINK WILL HAVE MORE OF AN ADVERSE EFFECT ON THE NEIGHBORS THAN WHAT'S THERE. SO I'M TRYING TO MAKE THIS LIKE A THEY CAN IN MY HEAD. YEAH, IT'S BEEN ABANDONED FOR YOU. SO NO, IT'S NOT THE, THE, THE ISSUE FOR US IS WHETHER WE IT'S A MIXED USE OR NOT. RIGHT. IT'S NOT REALLY A ALCHEMY SHOULD BE THERE OR NOT. SO I MEAN THIS IS ZONING, RIGHT? WHETHER OUT USE PROJECT IS APPROVED LATER ON OR NOT IS A DIFFERENT MATTER ALTOGETHER. POINT CONVERSATION, ISN'T IT? RIGHT. SO THIS IS LIKE, IT MOVES THE CONVERSATION FORWARD. MM-HMM . IT'S SOMETHING TO THINK ABOUT, BUT IT'S A USE WITH THE EVENT SPACE THAT THEY WANNA HAVE. SO IT'S NOT THAT'S A DIFFERENT NO, NO, NO, NO, NO. THAT'S PART OF WHAT HE'S SAYING. SO THERE'S TWO CATEGORIES. THERE'S THE USES THAT ARE ALLOWED NO MATTER WHAT, AND THEN THERE'S USES THAT ARE ALLOWED, INCLUDED WITH THE REZONING AND THE EVENT SPACE HAS TO BE INCLUDED NOW, OTHERWISE THEY'D HAVE TO GO BACK FOR ANOTHER REZONING. RIGHT. SO, BUT THAT [02:10:01] PARTICULAR EVENT SPACE DOESN'T HAVE TO BE APPROVED LATER. NO, IT COULD BE ANY EVENT SPACE THEN LATER ON. RIGHT. POST RAVES AT MY, OR IT COULD BE AN EVENT BETWEEN 11 AND THREE EVERY DAY. YOU KNOW, USE RIGHT NOW IS A RESTAURANT BAR OR SOCIAL CLUB. RIGHT? RIGHT. AT SOCIAL CLUB. AND AN EVENT SPACE COULD BE ALMOST ONE AND OF THE SAME. RIGHT. ESPECIALLY IF YOU'RE LESS THAN A 200 PERSON TESTING. SO, YOU KNOW, BACK TO MY THOUGHT, TRYING TO MAKE IT KIND OF CLEAR IF WE'RE JUST, I DON'T KNOW IF WE'RE IN AGREEMENT OR NOT, THAT MIXED USE IS BETTER THAN INDUSTRIAL FOR THE AREA. NOT NECESSARILY THIS PARTICULAR PROJECT IS BETTER FOR THE AREA. THAT'S THE LATER DECISION. I THINK THAT'S WHERE IT'S COMING DOWN TO, IN, IN MY HEAD WHAT WE HAVE TO DECIDE ON. SO MAYBE IF WE COME BACK TO THE RECOMMENDATIONS, THE APPLICANTS VERY CLEARLY JUST SAID TO US THAT THEY ARE NOT COMMITTING TO HAVING WATER ENHANCED OR WATER DEPENDENT ACTIVITY LIKE ON THE SITE AS PART OF WHAT THEY'RE PROPOSING RIGHT NOW. SO I DON'T KNOW THAT WE CAN INCLUDE ITEM ONE UNDER THE RECOMMENDATIONS HERE. I DO NOT HAVE A CONTRACT WITH THE WATER SPORTS BECAUSE THEY DON'T HAVE A BUSINESS TO OPERATE THERE. SO IN, IN ORDER. SO, SO I, I PUT THAT ONE IN THERE AND I'LL, I'LL TALK ABOUT WHY I PUT THAT ONE IN THERE SPECIFICALLY. BECAUSE THE LWRP PROMOTES PUBLIC ACCESS, RIGHT? IN ORDER FOR US TO REZONE, I SAID AN ESSENTIAL, ESSENTIAL ELEMENT OF RECOMMENDING THIS REZONING IS ALLOWING PATRONS THAT ACCESS TO VARIOUS WATER ENHANCED ACTIVITY. SO IF WE PUT THIS IN THERE AND WE LEAVE IT IN THERE, WHETHER THEY COMMIT TO IT YET OR NOT, THEY WILL ULTIMATELY HAVE TO PROVIDE WATER ENHANCED GREAT OR WATER DEPENDENT USES. IF WE MAKE IT A CONDITION AT WHAT POINT AND THE KEYWORD PATRONS WOULD HAVE ACCESS NOT ANOTHER BUSINESS AND NOT, IT'S JUST PATRONS. SO IT'S NOT PUBLIC ACCESS, BUT ALSO OUTDOOR RECREATION DOESN'T ALLOWABLE USE. WE, NO, WE CAN'T TAKE QUESTIONS FROM THE PUBLIC. WE CAN SUBMIT THEM TO JOSH IN WRITING. BUT I MEAN, SO THAT'S WHAT I'M SAYING IS THAT, BUT THEIR PATRONS WOULD HAVE ACCESS TO WATER THAT THEIR, THEIR PATRONS, THEIR PATRONS THAT PEOPLE DON'T HAVE RIGHT NOW. AND SO THE PEOPLE THAT COME IN AND SPEND MONEY AT THEIR ESTABLISHED PEOPLE HAVE ACCESS TO THE WATERFRONT THAT DOESN'T EXIST RIGHT NOW. AND THE LWRP, THE EXISTING LWRP AND THE NEW COMPREHENSIVE PLAN BOTH ENCOURAGE THOSE TYPES OF USES IN HAMBURG BECAUSE THROUGH THE PROCESS WE'VE IDENTIFIED THAT THERE'S NOT ENOUGH OF THAT AVAILABLE IN THE TOWN. RIGHT? SO THOSE TWO DOCUMENTS SAY WE WANT MORE OF THESE THINGS. AND HERE WE ARE WITH A PROJECT THAT SAYS, SO I, THE REASON I PUT IT IN THERE IS BECAUSE I DON'T WANT SOMETHING COMING IN IN THE FUTURE THAT TAKES AWAY FROM THOSE USES EVEN THOUGH IT'S PATRONS NOT PUBLIC. UH, SO THAT WAS WHAT I WAS, MY REASONING FOR MAKING THAT A CONDITION AND PUTTING THAT IN THERE. THE ONLY REASON TO APPROVE THIS PROJECT IS BECAUSE IT CREATES SOMETHING ON THE LAKE THAT WE DON'T ALREADY HAVE THAT ALLOWS PEOPLE TO ENJOY THE LAKE IN A WAY THAT WE DON'T HAVE ENOUGH OF IN THE TOWN. IF THEY WERE TO SAY, WE WANNA CLOSE THIS OFF AND IT'S A PRIVATE CLUB, THAT WOULD BE, THAT WOULD NOT MEET, IN MY OPINION, NOT MEET THE GOALS OF OUR COMPREHENSIVE PLAN OR LWP AND THAT'S BIG. AND IF THEY WANTED TO SAY WE'RE GONNA MAKE IT SO NOBODY CAN USE THE WATER OR PUT UP A BIG FENCE SO THEY COULD LOOK AT THE WATER, RIGHT, THAT WOULD BE INCONSISTENT. SO THAT, THAT'S WHAT I WAS GOING FOR WITH THAT. AND SO WHEN THEY'RE COMING UP WITH THEIR PLANS AND WHAT THEY DO FI FINALIZE, THEY'RE GONNA HAVE TO USE WATER DEPENDENT AND WATER ENHANCED USES. THAT THAT WAS, THAT WAS MY THINKING BEHIND THAT PARTICULAR CONDITION. PATRONS, THEY'RE HAVING AN EVENT. I'M NOT AT THE EVENT I CAN JUST GO TO THAT BEACH AND DO WHAT I WANT. NO, WE WERE SAYING NO, YOU MIGHT CHICKEN THE EVENT AND HAD SAID THAT MAYBE THEY'LL LIKE RENT BEACH CHAIRS DURING THE DAYTIME HOURS. THAT WOULD MAKE YOU A PATRON. RIGHT? IF YOU, IF YOU PAY FOR PARKING PAY FIVE. IF YOU PAY FIVE FOR PARKING, YOU'RE PATRON. MM-HMM SO I THINK THAT IT COULD BE BROADER THAN LIKE THESE ARE ALL KIND OF ACCESSORY USES TO AN EVENT SPACE THAT IS GENERALLY WE GET SO THAT THEY CAN USE THE SPACE. SO BILL, WHY DON'T YOU PULL THE BOARD. IT SOUNDS LIKE YOU'RE VERY CONCERNED ABOUT RECOMMENDING IT, THE REZONING BECAUSE OF THE EVENT CENTER. I WOULD ALSO RECOMMEND THAT YOU SAY IF THE TOWN BOARD PROCEEDS WITH THIS REZONING, HERE ARE SOME OF THE CONCERNS OR ISSUES WE NEED TO ADDRESS. SO IT SOUNDS LIKE YOU'RE VERY CONCERNED. I UNDERSTAND YOU'RE VERY CONCERNED ABOUT THE EVENT CENTER PART OF THIS AND THE ABILITY TO CONTROL THAT AND THE IMPACTS TO THE NEIGHBORHOOD. SO IT SOUNDS LIKE IF YOU HAVE A MAJORITY YOU WOULD RECOMMEND AGAINST THE REZONING WITH, [02:15:01] WITH THE, WITH THE FACT THAT YOU'RE CONCERNED ABOUT THE EVENT CENTER AND OTHER THINGS YOU WOULD ALSO INCLUDE, I WOULD RECOMMEND AND THAT'S WHERE YOU'RE GONNA CHANGE. YOU ALSO INCLUDE THAT IN THE TOWN BOARD CONSIDERS THE REZONING OF THIS THAT THEY CONSIDER ALL THESE CONDITIONS OR THINGS THAT WOULD NEED TO BE ADDRESSED TO EXPRESS YOUR CONCERN. BECAUSE REMEMBER, IF THEY APPROVE THE REZONING GOTTA COME BACK TO YOU FOR SITE PLAN APPROVAL AND YOU WANNA MAKE SURE YOU'RE DIRECTED BY THE PLANNING BY THE TOWN BOARD OF HOW YOU'RE GONNA ADDRESS THOSE ISSUES. 'CAUSE OTHERWISE YOU'RE GONNA HAVE A PROBLEM TRYING TO APPROVE THAT SITE PLAN IF YOU STILL HAVE ALL THESE ISSUES. RIGHT? SO I WOULD, YOU COULD GO THAT ROUTE. WE'VE DONE THAT IN THE PAST WHERE WE'VE RECOMMENDED AGAINST THE REZONING, BUT SAID, HERE'S THE REASONS WHY AND HERE'S THE THING THAT YOU SHOULD CONSIDER IF YOU'RE GONNA APPROVE THIS. UM, I'M JUST TRYING TO MOVE ON. I DON'T THINK WE'RE GONNA CONVINCE ANYBODY. I THINK VALID CONCERN STATEMENT HAS VALID CONCERNS. I MEAN, WE'RE NOT GONNA CHANGE THAT. SO LET'S MOVE FORWARD AND GET IT TO THE TOWN BOARD, SO THE PUBLIC AND GO AND SPEAK TO THE TOWN BOARD AND SAY, HEY, YOU NEED TO ADDRESS THESE ISSUES, YOU KNOW, AND THESE ARE THE THINGS WE WANNA ADDRESS IF YOU'RE GONNA RESOLVE THIS PROPERTY. SO LET'S, SO LET'S DO THAT. UM, UM, SO WE'LL PULL THE BOARD WHETHER YOU'RE GONNA RECOMMEND FOR OR AGAINST, AND THEN WE WILL ADD SOME OF THE THINGS THAT CONCERN US TO THE MEMO. SO LET'S, LET'S I GUESS PULL THE DOOR AND SEE WHERE WE ARE AT. SO WHEN YOU SAY THAT, YOU MEAN MIXED USE WITH THE ADDITION OF SPACE? YES. JUST CLARIFYING WHAT YOU'RE ASKING. MIXED USE IS WITH AN EVENTS SPACE, MARGO, OKAY, FINE ANSWER, BUT YOU'RE NOT GONNA LIKE IT. UM, SO I DON'T KNOW WHAT I LIKE, BECAUSE I WANNA HEAR FROM THE PUBLIC. UM, SO I AM, I'M NOT AGAINST THE REZONING WITH THE EVENT SPACE, BUT I WANT TO ENSURE THAT THE CONDITIONS THAT WE ARE PROPOSING ARE, I WANNA AT LEAST HEAR FROM THE NEIGHBORS THAT LIKE THEY ARE, WE CAN'T TAKE PUBLIC COMMENT. WE CAN'T, THEY ALREADY GAVE US THERE. RIGHT. AND THERE'S AN STINK FROM THEM AND THERE'S ON AS LONG AS THERE'S INDOOR NOISE. BUT THEN I ALSO HEARD LIKE SOME PRETTY LOUD ABSTENTIONS AND SO I'M NOT ACTUALLY SURE WHAT THEY WANT, BUT THE, THE TOWN WILL HAVE ANOTHER PUBLIC HEARING HEARING, SO THEY VOTE. SO WE'LL HANG TOWN BOARD AND THERE WILL STILL BE SITE PLAN LATER. SO, AND, BUT WE'RE NOT CHANGING THE BUILDING. AND I, I THINK WE, I THINK WE, WE, IN, IN THE MEMO WE TOOK, WE WE ADDRESSED THE COMMENTS WHETHER OR NOT PEOPLE WOULD BE HAPPY WITH THE WAY THEY WERE ADDRESSED. YEAH. EXCEPT FOR NOW THE SEWAGE ONE BECAUSE APPARENTLY AND THE OUTDOOR MUSIC FORM, WELL LIKE I SAID THAT I SAID I DON'T KNOW IF THAT'S HOW, BUT WE CAN ALSO AS PART OF THIS, JUST MAKE A SEPARATE RECOMMENDATION TO THE TOWN BOARD TO LOOK AT THE NOISE ORDINANCE. I MEAN I THINK THAT'S A VALID SUGGESTION BASED ON SO WHAT FEEDBACK WE GET ACROSS THAT'S INDEPENDENTNESS, WE SHOULD TALK ABOUT THAT AT THE AND OTHER BUSINESS. I WAS JUST GONNA SAY, WHY DON'T WE JUST MAKE A MOTION TO DO IT RIGHT NOW, PROVIDED THAT THE CONDITIONS ARE PROTECTIVE AND I'LL HEAR THIS FURTHER. ALRIGHT. THAT'S AN ANSWER. SO YOUR I AM, I AM OKAY WITH THE REZONING WITH THE EVENT SPACE, PROVIDED THE CONDITIONS ARE PROTECTIVE, SUFFICIENTLY PROTECTIVE OF THE NEIGHBORS. AND ARE THERE, OF THE CONDITIONS WE PUT IN THE MEMO, ARE THERE ADDITIONAL ONES THAT YOU THINK ARE NECESSARY TO MEET THAT CRITERIA? THE MAJOR MISSING ONE THAT I THINK WE AS A BOARD HEARD PRETTY LOUD AND CLEAR IS THE OUTDOOR MUSIC. SO HOW DO WE ADDRESS THAT? UM, WE EITHER, THERE'S A COUPLE THINGS, RIGHT? NO OUTDOOR MUSIC. THEY, THE MUSIC STATE INSIDE. UM, AND OR AND THAT WE ENCOURAGE THE TOWN TO, TO, I DON'T KNOW WHAT THAT LOOKS LIKE. DO A STUDY, ASSESS AN APPROPRIATE DECIBEL LEVEL. LIKE THE DISTANCES, I REMEMBER WHEN WE DID THIS WITH UM, UH, WE LOOKED AT HOW LOUD THE SOUND TRAVELS FROM THE AIR CONDITIONING UNIT OF THE DOLLAR GENERAL TO A PERSON ACROSS THE STREET AND WE'RE TALKING LIKE A, A WEDDING SPEAKER AND A NEIGHBOR'S THREE FEET AWAY. I WAS JUST TALKING ABOUT A VIOLIN PLAYING A SPRING QUARTET FOR A PROCESSIONAL DOWN THE BEACH FOR A WEDDING WE MAY BE TALKING ABOUT. I MEAN, WE'RE TALKING ABOUT DIFFERENT THINGS HERE. MAYBE IT'S NOT A BLANKET NO OUTDOOR MUSIC. I MEAN THAT'S WAY I WAS JUST WAY TO EXTREME. A INSTRUMENTAL BIO AWARENESS CAPACITY OF THIS EVENT SPACE IS MUCH LESS THAN WHAT I THINK A LOT OF CONCERNS ARE COMING UP. AND THAT AMPLIFIED MUSIC IS DIFFERENT THAN, YOU KNOW, HAVING, YOU KNOW, ACOUSTICAL MUSIC AND SO FORTH. AND THAT THERE'S, UM, I THINK THAT THERE'S CONSTERNATION OVER A BENT SPACE, WHEREAS THE ACTUALITY OF HOW THE SPACE, HOW SPACE IS GOING TO BE USED IS MUCH MORE DIVERSE AND LOWER AND NOT AS ADVERSELY IMPACTING THAN WHAT THE LARGE EVENTS OF WEDDINGS. SURE. SO I JUST WANNA SAY THAT WE PUT THE CONDITION ON THE TAYLOR ROAD WEDDING FACILITY THAT THERE'S TO BE NO OUTDOOR MUSIC, [02:20:01] BUT PEOPLE LEAVE DOORS OPEN. THEY LEAVE WINDOWS OPEN AND I CAN STILL HEAR, AND I HAVE THE GOLF COURSE AND A WHOLE BUNCH OF PROPERTIES IN BETWEEN ME. IT'S NOT A NUISANCE TO ME, BUT I'M THOUSANDS FEET AWAY THAT EVEN IF THERE'S INDOOR MUSIC ONLY IS LIKELY, BUT THAT'S AMPLIFIED. BUT THEY'RE SAYING, BUT WE'RE JUST TALKING ABOUT OUTDOOR MUSIC HERE. HER CONDITION WAS ABOUT OUTDOOR. SO THE QUESTION IS, IT'S WHAT ABOUT INDOOR CHANGING THAT TO AMPLIFIED OUTDOOR AND THE INDOOR I THINK WILL COME UNDER, CAN WE DO LIKE A ? SO, SO TO SUMMARIZE, MARGOT, YOU'RE IN FAVOR OF THE REZONING, BUT YOU RECOMMEND THE ADDITION OF A CONDITION THAT SAYS NO AMPLIFIED OUTDOOR MUSIC. YES. AND IN ALCHEMY'S LETTER THEY OFFERED TO PLANT NATIVE BEACH GRASS IN THE EXISTING JUNE. WE CAN DO THAT DURING SITE PLAN, BUT, UM, LOVE THAT. WELL I DO HAVE ALREADY, UH, THAT THEY'LL PROTECT THE DUNE. RIGHT. PROTECT IS PROBABLY GOOD FOR NOW. YEAH. OKAY. DENNIS. I DON'T MIND THE NEWS, JOLENE, BUT I, I DON'T THINK THE EVENT CENTER AND KEEP UP TO THE THING WHERE YOU'RE NOT DISTURBING THE NEIGHBORS NO MATTER WHAT RESTRICTIONS WE PUT ON. SO YOU'RE, SO I, I'D SAY YOU'RE AGAINST IT THEN BECAUSE THE REZONING WOULD INCLUDE THE EVENT CENTER. SO YOU MIXED USE BUT NOT EVENTS. YEAH, I WOULD BE IN ALL, I WOULD BE, I AM OPPOSED TO IT WITH THE EVENT SPACE, BUT I WOULD BE SUPPORTIVE OF A WELL CITED WITH THE NEIGHBORS MIXED USE ZONE IN GENERAL WITHOUT AN EVENT SPACE SIMILAR TO DENNIS. ANY, UH, SORRY DENNIS, UH, ANY CONDITIONS THAT YOU WOULD RECOMMEND TO THE REZONING EVEN THOUGH YOU'RE AGAINST IT? I DON'T LIKE IT. KAYLIN, ANY CONDITIONS THAT YOU WOULD THINK WE SHOULD ADD? I WOULD SAY THAT THERE'S NO OUTDOOR SOUND SYSTEM. SO IT'S NOT JUST MUSIC, BUT ANY OTHER OUTDOOR EVENTS. SO THERE'S NO SPEAKERS. SO I DON'T KNOW, SAY SOMEBODY'S HAVING A FUNDRAISER OR SOMETHING ELSE THAT THERE WOULD BE NO AMPLIFIED. SO THE OUTDOOR SOUND SYSTEM WITH APPLICATION CHANGE IT TO NO AMPLIFIED OUTDOOR, NO. LIKE HOW COULD YOU DO LIKE A LARGE YOGA, UM, CLASS YOU'D HAVE TO PROJECT, BUT THE, BUT YOU WOULDN'T BE DOING LIKE, SO YOU WOULDN'T HAVE ZOOM BUT WITH LIKE A SOUND SYSTEM OUT THERE AND YOU WOULDN'T, SO I GUESS THAT'S WHAT I WOULD SAY. SO THAT'D BE AMPLIFIED MUSIC VERSUS LIKE SPEAKING VOICE, LIKE YOU'RE DOING THIS. BUT I WOULD SAY THAT THAT WOULD JUST BE WITH MINE WOULD BE NOAH OUTDOOR SOUND SYSTEM. SO I I CHANGE IT TO NO AMPLIFIED OUTDOOR NOISE. I THINK THAT INCLUDES, I I YOU'RE, YOU'RE, I IT IS BROAD BECAUSE WE TEACH EVERY THE HOUR HUB YOU CAN'T HEAR ON YOUR PHONE AND THAT WOULD BE UNDER THIS, RIGHT, RIGHT. BUT WHICH IS A USE OF TRYING TO, BUT THEN THE NEIGHBORS ARE ALSO ENCOURAGED MM-HMM . THERE'S ALSO DIRECTION WHICH AMPLIFIED TO A LOWER DECIBEL COULD END UP BEING PROJECTED, NOTICING THAT THE, UM, THE SPACE GOING, I DON'T KNOW MY CARDINAL DIRECTION, BUT AWAY FROM THE, FROM THE ACTUAL STRUCTURE ITSELF IS MUCH, YOU KNOW, BIGGER AND SO FORTH THAT YOU COULD THEN HAVE INTENTIONAL DIRECTION FOR ANY SORT OF LOWER DECIBEL AMPLIFIED SOUND SO THAT YOU ARE, YOU KNOW, AS WELL AS ALSO PLANTINGS AND SO FORTH STUFF HOOK UP WITH ANY SORT OF, BUT THE, BUT THE NEXT DOOR NEIGHBORS KEEP IN MIND ARE LIKE BILL AND I APART, THEY'RE, THEY'RE LIKE THREE FEET OFF THE PROPERTY LINE. SO REGARDLESS OF EVEN WITH THE CHIPPED IN DIRECTION, I MEAN PEOPLE ARE LIKE, IT'S CLOSER THAN CINDY AND I TOGETHER. I MEAN THAT, THAT'S HOW CLOSE IT IS. AND THAT'S MY CONCERN IS THAT ANY OUTDOOR SYSTEM IS GONNA BE IN THE BACKYARD. THERE, THERE'S A DOOR THAT IF THEY OPEN THE DOOR, THE DOOR WILL ACTUALLY CROSS OVER IN THE NEIGHBOR'S PROPERTY LINE THAT'S SO CLOSE IS YEAH, THAT THE DOOR CAN'T EVEN OPEN ALL THE WAY WITHOUT GOING TO THE NEIGHBOR'S LINE, WHICH WILL PROBABLY ADDRESS THE SITE PLAN. YEAH. THAT'S NOT HERE, RIGHT? NO. YEAH. OKAY. BUT THAT, I MEAN THAT, THAT'S, I MEAN THAT'S WHERE MY CONCERN IS, IS THAT IF THIS WERE A BIGGER LOT LIKE A DOCK DOCK OF THE BAY BUILDING A HUNDRED PERCENT THINK THAT SOMETHING I COULD DO, I THINK THAT THIS SITE MAKES IT CONSTRAINING. OKAY. SO WE WILL, I THINK THOSE ARE, THOSE ARE THE RIGHT THINGS TO BE THINKING. I MEAN A HUNDRED PERCENT IF YOU'RE THINKING ABOUT THE RIGHT THINGS, WE'RE, WE'RE GONNA CONTINUE TO WORK ON THE, THE CONDITION RELATING TO NOISE. I DON'T THINK I'M, IT'S GETTING COMPLICATED. SO, UH, YOU, YOU GONNA KEEP GOING WITH DAN? NO, I, I I START, WE START DANCING SO FAR NO MATTER WHAT, WHERE YOU THINK HE'S GONNA GO IN, IT'S NOT WHAT ELSE? OH, I'M SORRY. MAYBE NEXT TIME GO IN, LIKE MAYBE WE'LL SWITCH OUR SEATS. YEAH, WHATEVER. UM, I WOULD SUPPORT THE RECOMMENDATION OF MU ONE WITH THE EVENT SPACE ON [02:25:01] THE CONDITIONS OF THE, UM, THE DECIBEL READINGS AND UNDERSTANDING WITH, WITH THE TOWN ORDINANCE. UM, ALRIGHT, I, I THINK I FIGURED OUT THE CONDITION. THIS IS GREAT WAY TO GET, WHY DON'T YOU MIX THE COMMENTS FIRST AND YOU . ALRIGHT, CINDY, I LEFT TWO HOURS AGO. , MY INTERNET'S OUT. UM, I'M IN SUPPORT OF THE MU ONE. UM, AND I'M GONNA ECHO, UM, MARGOT'S COMMENTS IN REGARDS TO, I DO NOT WANT ANYTHING NEGATIVE AGAINST THE NEIGHBORS. UM, SO IF THAT MEANS NO AMPLIFIED OUTDOOR MUSIC, UM, I SEE HERE IN THE ONE THING THAT WE HAVE THE HOURS AT 8:00 AM UM, YOU KNOW, DURING THE SUMMER YOU LIKE TO GO OUT AND GARDEN IN, YOU'RE OUT IN YOUR YARD. I DON'T THINK WE SHOULD HAVE IT AT 8:00 AM I PERSONALLY THINK THAT IT SHOULD BE CHANGED TO NINE. WE CAN'T CONTROL BUSINESS HOURS OR WE CAN'T NO PART OF THE CONDITION. RIGHT? WE DO HAVE IT IN THE CONDITIONS, BUT WE HAVE IT IN THE CONDITION, BUT WE CAN'T, WE SHOULD PROBABLY TAKE IT OUTTA CONDITION. WE HAD TO TAKE THAT OUT. IT WAS JUST THE SUNRISE YOGA IDEA. OKAY. AND I DON'T KNOW HOW IT WORKS. I MEAN IF WE CAN'T DO THAT, THEN COULD WE CHANGE OUTDOOR ACTIVITIES TO BOARD LIKE A NOISE TIMES? SO THEY, I THINK HOPEFULLY BRILLIANT IDEA. OH WAIT TILL HEAR IT. YOU CAN'T DEPICT THE HOURS OF OPERATION FOR THEM. SO, UM, YOU COULD JUST, YEAH. ACTIVITIES COULD SAY, BUT YOU CAN'T DETECT THE HOURS. SO THAT WOULD BE A, A YES IN SUPPORT WITH UM, NO AMPLIFIED MUSIC PERIOD IN OR OUT. 'CAUSE IT'S AN INTIMATE SETTING. SO TO YOUR POINT YOU CAN HEAR, UH, GET AWAY IF THE DOORS ARE OPEN 1 25 PEOPLE DON'T EXACTLY NEED A BAND BLASTING AWAY AND POSSIBLY, I KNOW WE CAN'T CONTROL THE BUSINESS HOURS, BUT EVEN IT'S SOME CONTROL AROUND THE TIME THEIR MUSIC CAN BE PLAYED. THE NEIGHBORS MIGHT WANT A QUIET EVENING ON THEIR BEACH AND THERE'S NO NEED FOR THEM TO BE HEARING THE MUSIC IF THEY DON'T WANT TO. SO THAT'D BE MY SUGGESTIONS FOR ANY ADDITIONAL MODIFICATIONS. BUT YES. IS THAT, I MEAN MY ONLY OTHER QUESTION ABOUT SOME OF THOSE THINGS IS HOW ENFORCEABLE ARE THEY? BECAUSE THAT'S OFTEN WHERE JEN TENSE LOOKING BECAUSE SHE USUALLY CUTS US BACK. IS THAT, IS, ARE WE GIVING PEOPLE SOMETHING THAT'S ACTIONABLE BECAUSE IT YEAH, NONE OF THIS IS REALLY GOING TO BE ALLOWED IN THE END. IT'S, I MEAN THERE'S A NOISE ORDINANCE IN THE TOWN OR WHATEVER IT'S CALLED AND THAT'S GONNA BE THE STANDARD. UH, SO I MEAN WE'RE GONNA MAKE A RECOMMENDATION FOR THE TOWN TO RECONSIDER THAT. HOWEVER, WHAT CAN WE DO BEYOND? AND YOU JUST SAY THEY DID ONE IN TAYLOR ROAD, SO NO, THE OUTSIDE THERE WAS NO OUTDOOR MUSIC. MUSIC NOT, AND THAT'S ONLY HUGE. NO IT'S NOT. IT'S A SMALL, IT'S A SIMILAR SIZE I THINK TO THIS ONE. IT'S, WE SHOULD MAKE, LIKE, WE SHOULD MAKE, IT'S NOT VERY BIG. I DUNNO WHAT YOU DO ABOUT THE NOISE ORDINANCES THE TOWN BECAUSE IT IS A NUISANCE ORDINANCE AND IT'S SLEEP DISTURBING. SO IF YOU HAVE A NEIGHBOR WHO SAYS, MY BEDTIME IS SEVEN 30 AND YOU DISTURB ME EVERY SINGLE NIGHT, WOW, YOU ARE RIGHT FOR FLIGHTS. UM, ANYTHING ADDITIONAL? NO. SO I'M, WE COVERED IT ALL. I'M GONNA, SO I, I GUESS CAN I ASK A QUESTION? IS THERE A WAY FOR US, IN YOUR OPINION, LAWYER JENNIFER, AFTER HAVING HEARD THE CONCERN PEOPLE HAD, THAT THERE WOULD BE THEIR CONDITIONS ON MAKING A RECOMMENDATION? ARE WE ABLE TO MAKE A CONDITION THAT IS ACTUALLY ENFORCEABLE THAT WOULD MAKE THOSE, WOULD THE BOARD HAVE THE ABILITY TO DO THAT? DIDN'T I SAY I THOUGHT I HAD AN IDEA. WE HEAR BELL'S LANGUAGE, MY LANGUAGE, SHE'S GONNA BE UPSET IF WE CAN'T RIGHT. DRUM ROLL, THE TOWN BOARD SHALL CONSIDER A RESTRICTION TO LIMIT NOISE. SOS WE'LL MAKE IT THEIR PROBLEM, NOT OURS. THAT'S, I THINK THE MOST APPROPRIATE LANGUAGE. AND THAT'S WHAT I WAS ACTUALLY GONNA SAY IS SOMETHING THAT LEAVES IT TO THE TOWN BOARD. YOU COULD SAY IT'S AN, YOU KNOW, AT THIS POINT IT'S AN EXTREME CONCERN OF THE PLANNING BOARD THAT THERE'S NEIGHBORS WITHIN SO MANY FEET AND SOUND AND IMPACT OF THAT INSIDE AND OUTSIDE. HOWEVER, AGAIN, THIS IS NOT ULTIMATELY A PLANNING BOARD DECISION RIGHT NOW. RIGHT. WE'LL LEAVE IT, WE'LL LEAVE IT TO THEM AND THE TOWN LEGAL DEPARTMENT TO FIGURE OUT HOW TO, THE PROBLEM WITH THAT IS, IS THAT WE'RE NOT MAKING, WE'RE NOT DOING ANYTHING. WE'RE NOT DOING ANYTHING THAT NET DOES NOTHING. SO I DON'T THINK IT ACTUALLY GIVES ANY, WE DON'T HAVE NO, THAT'S, THAT SAYS THAT WE'RE CONCERNED ABOUT RECOMMENDATION [02:30:01] AND ULTIMATELY, BUT THAT'S ALL WE CAN DO ROLE RIGHT NOW. WE CAN'T. SO ARE YOU STILL, I GUESS MY QUESTION TO PEOPLE ON THIS BOARD IS IF WE HAVE NO CONTROL OVER IT AND YOU CAN'T MAKE AN ENFORCEABLE CONDITION ABOUT THE NOISE, ARE YOU STILL OF SUPPORTIVE OF THE EVENT SPACE WITHOUT THAT? BECAUSE SOME PEOPLE, BECAUSE THERE'S STILL RESTAURANTS, SOCIAL CLUBS AND EVERYTHING ELSE, WE'D HAVE TO WIPE IT ALL OUT. YOU COULD STILL JUSTIFY YOUR REASONING THOUGH. YOU COULD SAY, FOR EXAMPLE, THE HOMES FOR THE RESIDENTS ARE WITHIN THIS MANY FEET OF THE PROPERTY LINE, RIGHT? WE HAVE CONCERNS OF INDOOR MUSIC REACHING AN OUTSIDE DESK. LIKE EXPLAIN YOUR CONCERN, RIGHT? BUT IT'S ULTIMATELY GOING TO BE A TOWN BOARD CONDITION. FINE. IT'S FINE, IT'S GREAT. ANYTHING YOU CAN EXPLAIN YOUR CONCERN TO AN EXTENT BECAUSE THAT'S, EVERYONE HAS A CONCERN. IT'S JUST A MATTER OF HOW DO WE ENFORCE IT BECAUSE THIS IS NOT ULTIMATELY OUR DECISION RIGHT NOW. SO EXPLAIN YOUR CONCERN. CAN I GO FOR A COUNTER SUGGESTION FOR YOUR LANGUAGE? NO, I'M WRITING IT RIGHT NOW. CAN I GIVE YOU A SUGGESTION? FINISH. I LIKE WHAT YOU'RE DOING. YOU'RE NOT ABLE TO SOLVE ALL THESE PROBLEMS BUT PUTTING OUT THE TOWN BOARD, SO THERE'S STILL THE ISSUE OF PUBLIC ACCESS. ALL THOSE THINGS HAVE TO BE SOLVED BY THE TOWN BOARD. I I TOOK OUT OUR PREVIOUS, THE PREVIOUS SECTION MEMO THAT TALKED ABOUT NOISE AND WHAT I TO PUT IN ITS PLACE IS THE PLANNING BOARD IS EXTREMELY CONCERNED ABOUT THE IMPACT OF NOISE ON THE ADJOINING RESIDENTS. AND EVERY AND EVERY EFFORT SHOULD BE MADE TO MITIGATE THESE IMPACTS. AGAIN, IT'S KICKING IT TO THE TOWN BOARD, BUT IT'S HIGHLIGHTING THE FACT BECAUSE THERE'S, THERE'S NOWHERE ELSE IN THIS MEMO WHERE WE IDENTIFY AN ISSUE THAT WE'RE EXTREMELY CONCERNED WITH. SO WOULD CERTAINLY HIGHLIGHT THIS ISSUE ABOVE THE OTHER THINGS IN THERE. SO JESS, CAN YOU INCLUDE THAT WE HAVE A CONCERN AND WITH LIKE, YOU KNOW, A REVIEW OF LIKE DECIBEL LEVELS OR, OR SOMETHING ALONG THOSE LINES? SO WHAT WE'RE GONNA DO IS, I GOT A SEPARATE ONE BECAUSE WE CAN MAKE RECOMMENDATIONS TO THE TOWN BOARD ON THE CODE IN GENERAL MM-HMM . SO THAT RECOMMENDATION I BELIEVE SHOULD APPLY TO THE TOWN NOISE ORDINANCE WHERE WE'RE GONNA REQUEST THAT THE TOWN BOARD LOOK AT THE NOISE ORDINANCE TO DO SOMETHING MORE SPECIFIC THAT WOULDN'T APPLY TO JUST THIS, BUT APPLY TO EVERY PERSON WHO LIVES NEXT DOOR TO SOMEBODY WHO GOES TO SLEEP AT SEVEN. SO IN ADDITION TO WHAT YOU SAID, I WOULD AGREE WITH YOUR ADDITION ON THE, ON THE LENGTH CHANGE YOU MADE, BUT I WOULD SUGGEST THAT WE REPLACE SEVEN IF WE THINK WE CAN INCLUDE THAT WITH SOMETHING TO THE EFFECT OF THAT THE TOWN BOARD IDENTIFY APPROPRIATE CONDITIONS AND MEASURES TO OUTDOOR ACTIVITIES. OUTDOOR ACTIVITIES, UH, TO, I WAS NOT GONNA SAY OUTDOOR TO, OKAY, WELL MAYBE TO OUTDOOR ACTIVITIES AND TO, TO, UH, NOISE AT THE PROPERTY LINE, THE NOISE GENERATED BY ONSITE ACTIVITIES AT THE PROPERTY. I WOULD, I MEAN IF WE CAN INCLUDE THE SPECIFICITY INTO THE FIRST SENTENCE YOU WROTE, BILL, IT'S LIKE THIS, YOU KNOW, MITIGATIONS FINISH WRITING ONE. SORRY, WE CAN ONLY EDIT ONE. I CAN TOO AND FIX THAT WITH YOUR MAGIC WORDING. WE CAN PUT YOUR WAND ON THAT. BUT I MEAN, I JUST THINK THAT WE NEED TO SAY THAT IN ADDITION TO US BEING CONCERNED ABOUT IT, WE WANT YOU TO TAKE A SPECIFIC ACTIONABLE ACTION HERE THAT IS PROTECTIVE OF THE ADJACENT PROPERTY OWNERS. AND IF THEY CAN COME UP WITH SOMETHING THAT IS BOTH BENEFICIAL TO THE USE AND PROTECTIVE OF THE NEIGHBORS, THEN I MEAN THAT'S, THAT'S FOR THEM TO SOLVE. THAT'S THEIR, IT'S THEIR REZONING AND THEIR DECISION. AND I THINK SINCE WE JUST BRAINSTORMED ABOUT IT FOR LIKE ETERNITY, IF WE CAN PUT IN LIKE MITIGATIONS COULD INCLUDE RIGHT? NO AMPLIFIED, NO AMPLIFIED OUTDOOR NOISE, INDOOR MUSIC ONLY, LIKE SOME OF THE STUFF THAT WE TALKED ABOUT. SO IT WASN'T ALL FOR NOT, I MEAN I, I DUNNO, BUT I THINK THAT THAT, I MEAN, WHAT JEN WAS SAYING THOUGH IS THAT A LOT OF THAT'S NOT ENFORCEABLE AND THAT'S LIKE THE CHALLENGE WE HAVE IS THAT CODE ENFORCEMENT CAN'T ACT ON IT. SO HOW DO YOU, EVEN IF IT'S A REQUIREMENT, HOW DO YOU MAKE SURE THAT THAT HAPPENS? SO I THINK BY PUTTING IT BACK ON THEM WITHOUT, BUT, BUT THE IDEA IS FOR US TO EXPLAIN TO THE TOWN BOARD WHAT WE WERE THINKING. YES. MM-HMM . SO WE CAN THROW IN A BUNCH OF UNENFORCEABLE MITIGATIONS AND IF THE TOWN CAN FIGURE OUT A WAY [02:35:01] TO WORK THOSE IN, THEN THEY CAN, AS AN ASIDE, THE COMPREHENSIVE PLAN ACKNOWLEDGES THAT ENFORCEMENT'S AN ISSUE. THE COMPREHENSIVE PLAN HAS A STRONG RECOMMENDATION FOR THE TOWN AND OTHER SURROUNDING TOWNS TO, TO FORM A HOUSING COURT. AND IT'S A WAY OF ENFORCING THINGS MORE THAT SHOULD NOT INFLUENCE YOUR DECISION. THAT'S SOMETHING THAT TOWN BOARDS GOTTA WORK ON. WE KNOW THAT ENFORCEMENT IS AN ISSUE, WHETHER IT'S NOISE ORDINANCE OR WHATEVER. YOU'RE TRYING TO COME UP WITH WAYS THAT LARGE CITIES DO THAT ENFORCEMENT, WHICH IS THROUGH HOUSING COURTS AND WHATEVER. SO THAT'S SOMETHING IN THE FUTURE THAT, THAT'S A STRONG RECOMMENDATION OF THE CONCRETE PLAN. THE DEPARTMENT'S ALREADY INVESTIGATING THAT BECAUSE WE UNDERSTAND THESE ISSUES, THE PEOPLE THAT HAVE DEALT WITH IT FOR YEARS, WE NEED A STRONG COURT TO ENFORCE THOSE THINGS. SO WE'RE TRYING TO COME UP, NOT THAT OUR COURT IS NOT A GOOD COURT, BUT THEY'RE FOCUSED ON OTHER THINGS AND HOUSING ISSUES AND NOISE AND, AND OTHER THINGS. SO WE ALSO COULD MAKE A RECOMMENDATION THAT THE PLANNING DEPARTMENT SUBMIT OUR MINUTES FROM TONIGHT TO THE TOWN BOARD ONCE THEY, BY THE PLANNING BOARD. AM I, I THINK I'M GONNA JOIN ALL BILL. THANK YOU. SO I'LL BE, I WILL OFFER THAT YOU CAN TABLE AGENDA ITEM NUMBER THAT WILL KEEP US TO A REASONABLE, THE AGENDA ITEM ABOUT THE, ABOUT THE CAMP INTERCHANGE. YOU CAN CAN TABLE THAT WE, WE'LL TALK ABOUT IT BRIEFLY BEFORE OR WE'RE JUST, WE'LL, WE'LL MAKE NO, YOU CAN MAKE THAT ONE. WELL, ONE SENTENCE COMMENT WAS THAT, AM I SUPPOSED OR I NO, I'LL MAKE A ONE SENTENCE COMMENT MATERIAL FOR ALL. I MEAN MY ORIGINAL PLAN WAS TO READ THIS FOR THE BENEFITS OF THE RESIDENT, BUT I THINK WE'LL JUST SKIP THAT UNFORTUNATELY. UH, I'LL HIT SOME OF THE HIGHLIGHTS. UM, I WON'T GO OVER, CAN YOU READ THE CONDITION? I WILL READ THE CONDITIONS. YEAH, THE CONDITIONS AND THEN MAYBE THE, THE WELL I WAS GONNA READ THE, THE CONDITIONS WE THOUGHT ABOUT, BUT THAT DIDN'T INCLUDE, I MEAN I THINK WE, THAT SECTION THAT I, I PUT THERE, I I THINK WE CAN SKIP READING THE TED REPORT, RIGHT? DEFINITELY. YEAH. SO I WOULD START WITH SOME OF THE SPECIFIC THINGS THAT WE HAVEN'T QUITE RAISED. THESE ARE, UH, CONDITIONS THAT WE CONSIDERED BUT HAVEN'T PUT ON BECAUSE WE'RE GONNA RECOMMEND IN FAVOR OF THE REZONING WITH CONDITIONS. SO THOSE, I'LL GIVE THAT A LITTLE BIT OF AN INTRODUCTION. THERE ARE SOME CONDITIONS WE CONSIDERED BUT DIDN'T PUT ON HERE. SO I'M GONNA GO START WITH THOSE. UH, THEIR RESIDENCE CONCERNS THAT HAVE BEEN RAISED AND THE APPLICANT HAS AGREED THAT THEY WILL NOT APPLY FOR A FIREWORKS PERMIT. UH, RECENT CONCERNS ABOUT SITE PLAN ISSUES CAN BE ADDRESSED AT SITE PLAN APPROVAL IF THE SITE IS REONE BY THE TOWN BOARD. THESE ISSUES ARE AS FOLLOWS, UH, DRAINAGE BECAUSE PURSUANT TO LOCAL LAWS AND REGULATION, THE TOWN OF HAMBURG ENGINEERING DEPARTMENT MUST DETERMINE THAT WATER FROM THIS PROPERTY DOES NOT FLOW TO ADJACENT PROPERTIES AND MEETS THE TOWN DRAINAGE REQUIREMENTS PRIOR TO THE PLANNING BOARD, ISSUING SITE PLAN APPROVAL AND THE TOWN ISSUING A CERTIFICATE OF OCCUPANCY, WHILE RECOGNIZING THAT THE TOWN ENGINEER HAS ULTIMATE AUTHORITY OVER ACCEPTING A DRAINAGE PLAN, THE PLANNING BOARD, AS PART OF ITS SITE PLAN REVIEW, WILL DO A PRELIMINARY REVIEW OF THE DRAINAGE OFF THE EXISTING BUILDING DUE TO ITS PROXIMITY TO THE ADJACENT LANDOWNER. WE ALSO DIDN'T PUT IN A CONDITION RELATING TO PARKING ON HOOVER ROAD BECAUSE TOWN ORDINANCE ALREADY PROHIBIT PARKING ON HOOVER ROAD. AS PART OF SITE PLAN REVIEW. THE PLANNING BOARD WILL CONSIDER ISSUES RELATING TO THE PARKING CAPACITY. LIGHTING WAS NOT INCLUDED IN OUR CONDITIONS OF REZONING BECAUSE TOWN LOCAL ORDINANCES ALREADY REQUIRE LIGHTING TO BE DARK SKY COMPLIANT AND THE PLANNING BOARD WILL MAKE THIS A CONDITION OF SITE PLAN APPROVAL. UH, THEN I HAD ANOTHER ONE RELATING TO NOISE. UH, SO AT THAT POINT WHERE WE'RE GONNA CHANGE THAT TO THE PLANNING BOARD IS EXTREMELY CONCERNED ABOUT THE IMPACT OF NOISE ON THE A ADJOINING RESIDENTS AND EFFORT. EVERY EFFORT SHOULD BE MADE TO MITIGATE THESE IMPACTS AND INSTEAD OF AREA RESIDENTS OR NEARBY RESIDENTS AS OPPOSED TO JUST THE PERSON. YEAH. OKAY. [02:40:01] NEARBY. SO I, I HAVE AMENDING AN OPPORTUNITY TO USE CONTIGUOUS THERE. SORRY. ALL. SO NEXT, NEXT IS THE CONDITIONS THAT WE'RE RECOMMENDING IF THE TOWN, SO WHAT THIS IS, IS THE TOWN BOARD DOES THE REZONING. WE WOULD ASK THAT THEY MAKE THESE FOLLOWING ITEMS, CONDITIONS TO THE REZONING. SO ONE, AN ESSENTIAL ELEMENT OF RECOMMENDING THIS REZONING IS ALLOWING PATRONS TO HAVE ACCESS TO VARIOUS WATER ENHANCED AND WATER DEPENDENT ACTIVITIES ON THIS SITE. THEREFORE, THE TOWN SHOULD NOT CONSIDER FUTURE USES THAT RESTRICT THE GENERAL PUBLIC FROM BEING CUSTOMERS TO THE WATER ENHANCED AND WATER DEPENDENT ACTIVITIES ON THIS SITE. TWO, ANY NATURALLY OCCURRING SAND DUNES ON THIS SITE MUST BE PRESERVED. THREE, THE PROPERTY OWNER AGREES TO PROVIDE AN EASEMENT FOR A MULTIMODAL TRAIL IF SUCH A TRAIL IS PROPOSED IN THE FUTURE. FOUR, A BARRIER TO DISCOURAGED TRESPASSING WILL BE CONSTRUCTED ADJACENT TO THE RESIDENTIAL ZONE AND EXTEND AS FAR TOWARDS THE LAKE AS ALLOWED BY STATE LAWS AND REGULATIONS. THE EXACT POSITION AND COMPOSITION OF THIS BARRIER WILL BE FINALIZED ACCORDING TO THE ACCEPTING OF SITE PLAN. CAN I HAVE A COMMENT ON THAT ONE? YES. I GUESS THE ONE THING THAT I WOULD SAY IS THAT, THAT, YES, BUT WE SHOULDN'T DO IT IN SUCH A WAY THAT WOULD PROHIBIT MOVEMENT OF WILDLIFE UP AND DOWN THE, LIKE YOU CAN'T GO TO THE WATER, YOU CAN'T GO ON THE WATER, YOU CAN'T GO IN THE WATER, BUT YOU CAN'T GO ALL THE WAY FROM THE WATER HAVE TO BUFFER, BUT I DUNNO HOW FAR IT IS. AND IS IT FROM HIGH TIDE? BUT LIKE, WELL THAT'S WHAT, SO THE EXACT COMPOSITION AND WE FINALIZED CIRCLE SITE, RIGHT? SO WE CAN, WE CAN ADDRESS THAT ISSUE WITH SITE PLAN. OKAY. IT GOES THROUGH THE DUN. TYPICALLY IT'S NORMAL WATER LEVELS THROUGH THE DUNE NORMAL, WHICH WILL ADDRESSES TO SITE PLAN RIGHT OUTTA HOW WE, HOW WE DEAL WITH THOSE COMPETING ISSUES. UM, NO FIREWORKS, CONFETTI, BALLOONS OR OTHER ITEMS READILY CAPABLE OF CAUSING DIFFICULTY TO CLEAN LITTER WILL BE PERMITTED ON THE BEACH. SIX SIX. THE REZONING OF THE M TWO ZONE LANDS TO MU ONE IS BASED ON THE USES PROPOSED BY THE APPLICANT. SEVEN. WE CHANGE TO THE TOWN BOARD WILL TAKE EVERY APPROPRIATE ACTION TO LIMIT NOISE GENERATING ACTIVITIES. EIGHT EVENTS SHALL BE LIMITED IN SIZE BY THE PARKING SHOWN ON THE SITE PLAN NINE. THE PLANNING BOARD WILL HAVE SITE PLAN APPROVAL TO ENSURE THAT THE ABOVE REQUIREMENTS ARE MET AND ANY OTHER CONDITIONS PLACED BY THE TOWN BOARD AND OTHER SITE PLAN ISSUES ARE ADDRESSED. 10. THE TOWN BOARD SHALL CONSIDER A RESTRICTION TO LIMIT NOISE. SO THOSE ARE THE RESTRICTIONS THAT WE ARE RECOMMENDING. WE'RE ALSO RECOMMENDING POTENTIAL MITIGATIONS THAT WILL GO INTO OUR FINAL MEMO AND WE'RE GONNA SEND THE MINUTES TO THIS MEETING SO THE TOWN BOARD CAN SEE EVERYTHING ELSE. UM, SO AT THIS TIME I WILL MAKE A MOTION TO SEND TO THE TOWN BOARD THE MEMO AS AMENDED AT TODAY'S MEETING. SO THAT IS A MOTION BY PLANNING BOARD MEMBER CLARK A SECOND BY PLANNING BOARD MEMBER VERONICA. ALL IN FAVOR? AYE. AYE. AYE. OPPOSED? THANK YOU. OKAY, SO MOTION CARRIED FOR THE MINUTES. THAT WAS OPPOSED BY DENNIS AND KAITLYN AND APPROVED BY EVERYBODY ELSE. SHE CAN'T SEE THE HAND WAVE. OH YOU CAN'T, SORRY. WELL I ASK FOR SARAH, BUT I ALSO WENT THROUGH AND POLL EVERYBODY, SO GOT IT. JUST TO LET THE RESIDENTS KNOW IF WE'RE CAPABLE, WE'LL GET A, A RESOLUTION ON FOR TOWN BOARD MEETING MONDAY NIGHT, WHICH WE'LL CALL A PUBLIC HEARING AT SOME POINT IN THE FUTURE. TOO LATE PROBABLY IN THE, MAYBE EVEN THE AUGUST TIMEFRAME OR WHATEVER AT THAT MEETING. THE PUBLIC. PLEASE REVIEW EVERYTHING, HAVE YOUR COMMENTS READY, EXPRESS YOUR OPINIONS TO THE TOWN BOARD AT THAT TIME FOR THE TOWN BOARD. UH, TO, TO MAKE A DECISION ABOUT THIS. I THINK IT'S TOO LATE TO GET IT ON FOR MONDAY. WHAT'S THAT? SO I THINK IT'S TOO LATE TO GET IT ON THE TOWN BOARD. WOULD HAVE TO BY THUR BY TOMORROW. I'M SAYING IT. OKAY. CAPABLE OF DOING IT. WE'LL WE'LL PUT A RESOLUTION IN WORK WITH ANNA, LISA, AND JOHN. PUT A RESOLUTION IN JUST A CALL PUBLIC HEARING. ALRIGHT, SO THEN THE PROCESS FROM HERE IS, THIS GOES, WE'RE OUTTA HERE TOWN BOARD. WE'LL HAVE THEIR HEARING TOWN BOARD. WE'LL WORK THROUGH WHATEVER THE PROCESS IS WITH WHATEVER COMMENTS THEY GET. TOM CAN ENGAGE THERE AND THEN DEPEND ON WHAT HAPPENS. WE'LL SEE YOU FOR SITE PLAN. SITE PLAN REVIEW. ALRIGHT, THANK YOU. OKAY, THANK YOU. SO NEXT ITEM ON THE AGENDA IS DAVID CANFIELD [02:45:01] REQUESTING A SITE PLAN APPROVAL FOR PROPOSAL TO CONSTRUCT A NEW 2,400 SQUARE FOOT STORAGE BUILDING A BIG THREE ROAD IN ST. FRANCIS DRIVE. CHAIRMAN CLARK, MEMBERS OF THE BOARD FROM ALMONT CLARK. OUR OFFICE IS LOCATED AT 3 5 5 6 LAKE SHORE ROAD IN HAM ROAD. UM, WE'RE HERE THIS EVENING ON BEHALF OF MR. DAVID CANFIELD AND REQUESTING SITE PLAN APPROVAL FOR THIS 2,400 SQUARE FOOT BUILDING. THIS WAS THE SUBJECT OF A PUBLIC HEARING LAST MONTH. UM, AND WE ARE SEEKING APPROVAL. UM, HE OWNS A LANDSCAPING AND SNOWPLOWING BUSINESS AND HE'S PROPOSING TO STORE HIS EQUIPMENT AT THIS SITE. IS THIS BEAUTIFUL BUILDING. SO I HAVE A QUESTION. SO IT LOOKS LIKE THE PROPERTY CURRENTLY HAS A LOT OF LARGE CONCRETE PIECES AND A NUMBER OF OTHER ITEMS. IS OUTDOOR STORAGE CURRENTLY LOCATED ON IT? IT WAS ON THERE WHEN I FORECAST. YEP. IN THE LAST WEEK. AND I GUESS MY, AND IT WASN'T THERE, THERE WAS STUFF BEFORE IT GOT REMOVED AROUND THE TIME THAT THIS WAS IN FRONT OF US BEFORE, BUT THERE'S A WHOLE LOT OF OUTDOOR STORAGE OCCURRING ON THE PROPERTY AT THE MOMENT. AND I GUESS I, I'D LIKE AN UNDERSTANDING AS TO, OR I GUESS CONFIRMATION THAT THAT IS ALL BEING REMOVED. THERE WILL BE NO OUTDOOR STORAGE PROPOSED ON THIS PROPERTY. I SPOKE TO HIM TODAY AND UM, OF COURSE HE'S GONNA HAVE TO, HE'S RESTRICTED BY THE BUILDING CODES. HE DOES HAVE PLANS TO CONTINUE WITH FUTURE DEVELOPMENT ON THIS PROPERTY, WHICH HE TALKED ABOUT AT ONE OF THE OTHER MEETINGS AND UM, HE'S TALKING ABOUT NEXT YEAR COMING BACK. SO OBVIOUSLY ANYTHING THAT'S THERE HAS TO BE REMOVED. I BELIEVE THE SITE IS AN EYESORE IN ITS CURRENT CONDITION. YEAH, THIS BUILDING IS GONNA BE A BIG POOL. YEAH, I MEAN THERE'S EXISTING OUTDOOR STORAGE ON THE SITE THAT IS NOT PERMITTED. RIGHT. RIGHT NOW OUTDOOR STORAGE IS NOT PERMITTED ON THE TOWN CODE AND I JUST ADDED IT AS A CONDITIONS OF SITE WENT HERE. OKAY. WE DID TALK ABOUT SOME OTHER CONDITIONS LAST TIME I WAS HERE. THE ENGINEERING DEPARTMENT, UM, HAD IDENTIFIED PREVIOUSLY THAT A LETTER EXISTED FROM 2019, WHICH OUR CLIENT WILL, UM, ADDRESS ANY OF THOSE CONDITIONS IN ADDITION TO ANYTHING NEW THAT UM, CAN HAD. HE IS NOT PROPOSING ANY NEW UTILITIES FOR THE BUILDING AS FAR AS SEWER AND WATER SERVICE, KNOWING THAT IF HE CHANGES HIS MIND HE HAS TO COME AND GET THE PERMITS TO DO THAT. UH, LIGHTING, ANY FIXTURES WILL BE DARK SKY COMPLIANT. I THINK HE'S ONLY PROPOSING SOMETHING ON THE BUILDING AT THIS POINT. AND UM, THE LANDSCAPING THAT'S SHOWN ON THAT PLAN HAD BEEN PREVIOUSLY PRESENTED TO THE TOWN AND APPROVED BY THE LANDSCAPE COMPLETE. AND IF THERE'S ANY FURTHER QUESTIONS, WE'D BE HAPPY TO TRY AND ADDRESS THEM. ALRIGHT, SO BY WAY OF THE BACKGROUND, DID YOU GET ALL THE FILES ON THIS ONE? HAVE YOU SEEN ALL THIS STUFF? OKAY, SORRY, WHAT ABOUT, UM, SIGNAGE? IS THAT SOMETHING THAT WE'VE ABOUT NO, YEAH, THERE'S NO SIGNAGE PROPOSED, RIGHT? NO SIGNAGE PROPOSED. NO SIGN. BUT I THINK THIS'S A SEPARATE BUILDING DEPARTMENT, UH, SUBMISSION THAT, SO WE WOULD, AS FAR AS OUR SITE PLAN, WE CAN SAY THE SIGN SHOULD GO HERE. YEP. BUT THE BUILDING DEPARTMENT REGULATES SIGNS THE SIZE. JASON MUR, HE DIDN'T INDICATE ANYTHING TO ME ABOUT A SIGN FOR THE PROPERTY. SO I, I GUESS ONE THING THAT I WOULD, I WOULD JUST LIKE TO ENSURE THAT THERE'S NOTES WE THAT AS CONDITIONS, THERE'S NO SIGNAGE PROPOSED AND THAT THE PROPERTY WITH THE APPLICANT WOULD NOT PUT ANY TEMPORARY SIGNAGE UP. THAT'S BEEN AN ISSUE WITH LO E TRAILERS STILL HAS LIKE TWO BY FOUR SIGNS THAT ARE, THAT WERE AFTER THEY EXPRESS THE GOOD QUESTION. SO IS THIS LIKE THE USE IS MORE OF HIS KIND OF LIKE WORKSHOP VERSUS BEING A FRONT OF HOUSE WHERE HE BUSINESS CORRECT. YEAH. CUSTOMER AND SO FORTH. HE'S PLANNING TO STORE EQUIPMENT HERE, YOU KNOW, SNOWBLOWERS AND UM, LANDSCAPE EQUIPMENT IS I'VE SEEN LIKE IN SOME OF THE LANDSCAPE BUILDINGS OR YOU KNOW, SIMILAR TYPES OF USES WHERE THEY HAVE LIKE THE CONCRETE SUITCASES THAT ARE MADE UP IN ORDER TO HOUSE DIFFERENT MATERIALS AND SO FORTH. IS THAT CONSIDERED OUTDOOR STORAGE? WOULD THAT BE ALLOWED? THAT ALLOWED? SO IT UM, IS IT GRAY MILLER'S? IT'S THE FORMER ZITS WEAVER. BUSY BEAVER. YEAH, BUSY BEAVER. THEY, WHAT HAPPENED WITH THAT IS THEY HAD TO CHANGE THE SITE PLAN TO ADD THOSE. SO THEY CAME BEFORE US REQUESTING PERMISSION TO DO THAT. SO IN THE PAST THAT'S HOW WE'VE DEALT WITH THOSE PARTICULAR THINGS. SO HE WANTED TO PUT THOSE IN THERE. HE'D HAVE TO AMEND THIS SITE PLAN THEN COME BACK BEFORE US. NO OUTDOOR STORAGE IS BEING PROPOSED FOR US. SO AS CONTEXT FOR KAITLYN, I THINK IT WAS LIKE 20 18, 20 19, HE CAME IN FRONT OF US, PROPOSED TO DO THIS, THAT PAUSE FOR [02:50:01] WHATEVER REASON DOLLAR GENERAL WAS PROPOSING A DOLLAR GENERAL THERE. SO HE GOT SITE PLAN APPROVAL, THEN DOLLAR GENERAL GAVE DOLLAR GENERAL GOT SITE PLAN APPROVAL AND THEN DOLLAR GENERAL DECIDED NOT TO DO IT. AND NOW WE'RE BACK TO THIS ALL SINCE WE'RE BACK TO A PREVIOUSLY APPROVED PLAN. YEAH, RIGHT JENNIFER AND SEE THE APPROVAL FROM YEAH. AND IT DOESN'T REMEMBER SUGGESTED THAT ONCE UPON A TIME, UM, THERE WERE WETLAND IMPACTS BUT IT DOESN'T LOOK LIKE ANYTHING'S TOUCHING. YEAH. THERE, I THINK THE WETLAND IMPACTS WERE WHEN IT WAS THE DOLLAR GENERAL. YEAH. YES. WELL ACTUALLY THERE, THERE IS A FEDERAL WETLAND ON THIS PROPERTY. IT DOESN'T IMPACT THE BUILDING. IT WAS DELINEATED BY EARTH DIMENSIONS IN MARCH OF THIS YEAR. MM-HMM . UM, BUT YOU'RE NOT, YOU'RE NOT IMPACTING IT? WE'RE NOT IMPACTING IT. IT DOESN'T FALL IN THE DEVELOPMENT AGREEMENT. AND I'LL GO ON THE RECORD LAST TIME AND THIS TIME THE APPLICANT IS NOT OFFERING IT. I ASKED FOR NO FURTHER DEVELOPMENT IN CONSERVATION EASEMENT ON THE REST OF THE PROPERTY. BUT THE APPLICANT DOES NOT WANNA DO THAT. IT WAS ON THE RECORD BEFORE I'M ON THE RECORD AGAIN, I JUST THINK NOW'S THE TIME. BUT ANYWAY, IT'S NOT DEVELOPABLE NOW. BUT WETLANDS LAWS COULD CHANGE IN THE FUTURE LIKE THE SUPREME COURT DECISION. SO YEAH, IT'S NOT, IT'S NOT NOT DEVELOPABLE. THEY JUST NEED, THEY WILL NEED TO COME BACK FOR SITE PLAN APPROVAL FOR ANYTHING FURTHER THAT THEY DO. SO. AND THEN DID YOU SAY THAT THE, UM, THE CONSERVATION ADVISORY BOARD HAS SEEN THE TREE LIST FOR THE TOWN THAT SOMEONE, THE LANDSCAPE COMMITTEE HAD REVIEWED THAT PLAN APPROVED IT PREVIOUSLY? YEAH. FROM THE CAB AND SO THAT WOULD LOOK AT IT. YEAH. I DON'T KNOW WHAT TO YEAH, THEY'RE LISTED OVER HERE THOUGH. SERVICE FOR, SO WE WAVING, ARE WE GONNA PUT SIDEWALKS IN? THEY WA WE WAIVED THEM LAST. WE WA THEM AT THE LAST BUT THERE'S, THAT WAS IN 2019. THAT WAS IN 2019. SO I GUESS THE QUESTION IS IS WITH THE CHANGE IN THE FOCUS ON PEDESTRIAN ACCESS AND SOME OF THE RECOMMENDATIONS FROM THE COMP PLAN, ARE THERE EXISTING SIDEWALKS THAT YOU WOULD BE CONNECTING TO? THERE ARE NOT, BUT IT GETS KIND OF CLOSE TO ONES BY I WAS GONNA SAY THE WELL ONES I SAY FRANCIS WOULD BE ACROSS THE STREET, THE ONES BY, UH, AMAZON. AMAZON, YEAH. SO THERE'S SOME THERE. YEAH. HMM. I MEAN I DON'T KNOW THAT THEY ACTUALLY GO ANYWHERE AT THIS POINT YET. THEY, THEY WOULD NOT. BUT THE, THE, THE ISSUE IS ALWAYS IF WE DON'T HAVE THE DEVELOPMENT THAT'S IN FRONT OF US, PUT IN A SIDEWALK, THEN IT'S TIME SOMEBODY NEXT DOOR COMES IN. THEY SAY WE DON'T WANNA PUT IN SIDEWALKS SO THEY DON'T GO ANYWHERE AND THEY WOULD'VE GONE SOMEWHERE IF THE OTHER, IF THE OTHER APPLICANT PUT IN A SIDEWALK. UM, I THINK WE, WITH DOLLAR GENERAL, I THINK WE REQUIRED SIDEWALKS ON THE ONE ROAD BUT NOT THAT LONG. YES, THAT ONE BUT NOT THE OTHER ONE BECAUSE THE SIDEWALKS WOULD'VE IMPACTED WETLANDS I GOT AND WE DIDN'T WANT ENCOURAGE DEVELOPMENT ON THAT PART. SO THAT IS WHAT I THINK WE DID WHEN WE DID THE DOLLAR GENERAT FRANCIS DRIVE. YEAH. THIS IS FRANCIS DRIVE. S LIKE A PARCEL AND THEN THERE'S SIDEWALKS. YEAH. SO THE POTENTIAL TO BEING ABLE TO WALK ON A SIDEWALK TO SOMEWHERE GREATER ON SANDWICH. RIGHT. THE AMAZON PAGE. YEAH. AND WHO KNOWS WHAT MIGHT BE A FUTURE USE AT THE NOT, NOT ON WHAT ROAD IS THIS DOWN HERE? BIG TREE. IT'S BIG TREE. IT'S, I THINK IT'S LIKE THE BIG TREE CIRCLE EXTENSION. THERE'S LIKE A WEIRD NAME ON ONE OF 'EM. SHOULD BE. YEAH. HOW, I MEAN, THIS IS JUST MY OWN QUESTION, BUT HOW MUCH SIDEWALK WOULD WE BE ABLE TO REQUIRE? LIKE HOW HERE FOR THE ENTIRE PROPERTY LINE OR HOW DOES THAT, HOW DOES THAT WORK? SORRY. THAT GOOD? YEAH, RIGHT HERE. BUT TYPICALLY ALONG WE COULD REQUIRE THE INSTALLATION OF SIDEWALKS ALONG THE ENTIRE FRONT. UM, BUT I, BUT WE DON'T WANNA ENCOURAGE DEVELOPMENT ON BIG TREE REPAIR. THE ISSUE IS WE, WE DID APPROVE IT IN 2019 WITH NO SENSE. YEAH. THE WAY, BUT WE DIDN'T REQUIRE DOLLAR GENERAL. THEY HAVE SIDEWALK, BUT WE YEAH, REQUIRE DOLLAR GENERAL, THEY HAVE A SIDEWALK AND WE JUST ON ST. FRANCIS AND KIND OF UP TO THEIR DRIVEWAY ON BIGTREE. UM, SO PEOPLE COULD WALK TO THE DOLLAR GENERAL IF THE SIDEWALKS ATTACHED ANYTHING. BUT WE DIDN'T EXTEND IT BECAUSE OF THE WETLANDS AND WE DIDN'T WANT DEVELOPMENT ON THAT OTHER PART OF THE PARCEL. SO YEAH, I THINK YOU SHOULD STICK TO THE ORIGINAL PLAN FROM 2019 FROM NO SIDEWALK. ALL RIGHT. SO, UM, ANY OTHER, SO WE'LL WE, WE'LL I'LL PULL THE BOARD WITH [02:55:01] THE SIDEWALK ISSUE. SO WE, SO WE GOT NO OUTDOOR STORAGE. I THINK EVERYBODY'S OKAY WITH THAT. NO SIGNAGE IS PROPOSED. CONTEMPORARY SIGNAGE WILL NOT BE PERMITTED. I DON'T THINK ANYBODY HAS ANY ISSUES WITH THAT. UH, WE'LL WE'LL TALK ABOUT, PULL THE BOARD FOR SIDEWALKS. ANY OTHER CONDITIONS THAT PEOPLE THINK ARE, IS APPROPRIATE? I MEAN I WOULD JUST SAY THAT IF HE WOULD AT SOME POINT LIKE TO PUT SIGNAGE IN THAT'S FINE. IS BUT IF IT'S SPAN WAS ON, HE WOULD JUST NEED TO COME BACK. YEP. THAT'S NOT AN OPPOSITION SIGNAGE. WE JUST WOULD WANNA MAKE SURE IT WAS DONE RIGHT. OKAY, SO FOR THE SIDEWALKS, UM, I I'M PULL THE BOARD GONNA GO FIRST. NO, I'M NOT GOING. UH, WE DO THE SAME ORDER I DID LAST TIME. I'M OKAY WITH SIDEWALKS ON ST. FRANCIS. SIDEWALKS ON ST. FRANCIS. THAT'S STRANGE. SHOULDN'T BE THERE. WELL, AND THERE WAS LIKE, YOU KNOW, OKAY, IN THE BACK END I DON'T TAKE, SO THAT'S A NO I'M YES ON ST. FRANCIS. RIGHT? I'M YES ON ST. FRANCIS. CINDY IS, NO, I'M A, OH, I LOVE IT WHEN WE MAKE BILL HAVE TO MAKE A DECISION TO HATE, I SAY YES ON THE SIDEWALKS AT ST. FRANCIS. ALRIGHT, SO THAT'S, THAT'S FOUR FOR THE SIDEWALKS. SO WE'RE ADDING THE SIDEWALKS FOR THE RECORD. I LIKE YOUR CONDITION OF NO OTHER DEVELOPMENT IN THE WETLANDS, BUT I'M NOT GONNA DO THAT TONIGHT 'CAUSE WE'VE HAD ENOUGH OF A HARD MEETING. WELL, YOU KNOW, THERE IS, IF THEY'RE NOT JURISDICTIONAL UNDER THE ARMY COURT ANYMORE, THEN THEY BECOME PROTECTED UNDER THE TOWNS BOTTOM BLOCK. RIGHT. YOU DON'T SEE HOW DD HOLDS UP. THEY COME BACK WITH, WE PUT 'EM ON THOSE, THEY COME BACK WITH FUTURE DEVELOPMENT. WE'RE GONNA HAVE CONCERN ALL YEAH, I'M, I'M SORRY, CAN I GO? YEAH, NO. SO I'M, I'M GOING, I'M LOOKING ON GOOGLE EARTH AND I WAS THINKING THAT THIS LOCATION WAS CLOSER, MORE SOUTH TO WHERE IT'S ACTUALLY CALLED ST. FRANCIS DRIVE AND SO FORTH. BUT NOTICING THAT THE ACTUAL LOCATION IS MORE LIKE THE ON-RAMP SITUATION AND THAT IT HAS FISHER'S BUS. IT'S JUST BEFORE THE ONRAMP. RIGHT? IT HAS FISHER. IT'S A BUTTING UP TO THE, THAT BUS AND ONRAMP. I THINK ACTUALLY IT WOULD BE DANGEROUS TO HAVE PEOPLE WALKING IN THAT AREA CHANGING YOUR VOTE ON THE SIDEWALK. SORRY, I'M CHANGING MY BOAT DIALOGUE. GOOGLE MAPS DIED. SO DANGEROUS DIALOGUES FAIL. THE NEWBIES GOT IT. ALRIGHT. OKAY. I A VERY, YEAH, ALL SO, SO LET'S JUST, LET'S JUST GET INTO IT. RETIRING THE CHAIR. YOU MIGHT WANNA SITE PLAN APPROVAL LAKESHORE ROAD AND BIGTREE ROAD, DAVID CANFIELD. WHEREAS THE TOWN OF HAMBURG RECEIVED A SITE PLAN APPLICATION FOR DAVID CANFIELD REQUESTING A SITE PLAN APPROVAL OF A STORAGE BUILDING NEAR THE INTERSECTION OF LAKE SHORE ROAD AND BIGTREE ROAD. AND WHEREAS THE PROPOSED ACTION AND CONSTRUCTION ROAD ACTION CONSTRUCTION OF APPROXIMATELY 2,400 SQUARE FOOT BUILDING HAS BEEN DETERMINED AS A TYPE TWO ACTION UNDER THE STATE ENVIRONMENTAL QUALITY REVIEW ACT. NO FURTHER REVIEW IS REQUIRED. AND WHEREAS THE TOWN OF HAMBURG PLANNING BOARD HAS RECEIVED INPUT FROM THE TOWN ADVISORY BOARDS AND APPLICANT AND APPLICANT HAS INCORPORATED NAUTICAL ELEMENTS, YOU REMOVE THAT. THERE'S NO NAUTICAL ELEMENT BECAUSE THAT'S OUTSIDE THE, THE STANDARD. SO WHAT ARE YOU REMOVING? SORRY, WE DON'T HAVE POWER COPIES. THIS SO, SO I'M, I'M REMOVING THAT THE WATERFRONT ADVISORY BOARD RECOMMENDED NAUTICAL ELEMENTS BECAUSE I THINK WE UPDATED THE LWRP TO END ON THE OTHER SIDE OF ST. FRANCIS. MIGHT HAVE TO SO THAT, SO THE AMENDED PARAGRAPH IS WHEREAS THE TOWN OF HAMBURG PLANNING BOARD HAS RECEIVED INPUT FROM THE TOWN'S ADVISORY BOARDS, WHEREAS A PUBLIC HEARING WAS HELD ON THE PROPOSED ACTION IN MAY 17TH, 2023 WITH NO COMMENTS BEING RECEIVED. AND WHEREAS THE PROJECT WAS PREVIOUSLY APPROVED BY THE PLANNING BOARD, BUT THAT APPROVAL EXPIRED NOW THEREFORE BE RESOLVED THAT THE TOWN OF HAMBURG PLANNING BOARD APPROVES THE CONSTRUCTION OF A PROPOSED COLD STORAGE BUILDING TO BE LOCATED NEAR THE INTERSECTION OF LAKE SHORE ROAD AND BIGTREE ROAD FOR THE FOLLOWING CONDITIONS. ONE APPROVAL IS CONTINGENT UPON THE ENGINEERING DEPARTMENT COMMENT LETTER DATED JUNE 16TH, 2023. TWO OF THE FINAL LANDSCAPING PLAN SHALL BE APPROVED BY THE PLANNING DEPARTMENT. THE APPLICANT SHALL ADHERE TO SECTIONS 2 8 0 3 7 3 0 7 0.1 AND 2 8 0 3 7 2 OF THE TOWN OF HAMBURG CODE AND THREE, [03:00:01] THE TOWN OF HAMBURG PLANNING BOARD IN ACCORDANCE WITH SECTION 2 8 0 DASH THREE SIX OF THE TOWN COURT WAIVES THE REQUIREMENT. HOLD ON, SORRY ABOUT THAT. AND THREE, NO OUTDOOR STORAGE. FOUR, NO SIGNAGE. IT WAS, IS PROPOSED AND TEMPORARY SIGNAGE WILL NOT BE PERMITTED. UH, NUMBER NINE, FIVE, UH, THE TOWN OF HAMMER PLANNING BOARD IN ACCORDANCE WITH SECTION 2 8 0 DASH 3 0 6 OF THE TOWN CODE WAIVES THE REQUIREMENT FOR THE INSTALLATION SIDEWALKS ON THOSE STREETS. FRONTAGES FOUNDING THE PROPOSED PROJECT SITE. SO THAT IS A MOTION BY PLANNING BOARD MEMBER CLARK. SECOND. SECOND BY PLANNING BOARD MEMBER VERONICA. ALL IN FAVOR A. AYE. OPPOSED? OKAY. THANK YOU BILL. JUST A NOTE ON THE ENGINEERING LETTER. I DO NOTE IN THE LETTER, BUT ALSO NOTE IT FOR THE RECORD. THE SITE PLAN SHOWS MILLING MILLS ARE NOT ALLOWED IN THE HAMMER. SO JUST BE AWARE. JUST I STARTED TO READ THE SIGN WAIVER AND THEN DIDN'T WAVE AND THEN I HAD TO GO BACK INTO IT. THAT'S MORE PERTINENT. COULD YOU SAY THAT AGAIN, WHAT'S NOT, OH, IT'S, UH, OLD ASPHALT ALL KIND OF GROUND UP. WE FIND IT TRACKS ON WHEELS AND IT GETS THE ROAD, IT GETS INTO THE DIGS. SO ON THIS, THANK YOU. THANK YOU. SO NEXT ITEM ON THE AGENDA IS CAMP ROAD INTERCHANGE RECOMMENDATION AND REPORT. UM, GOOD NEWS, THE DEPARTMENT OF TRANSPORTATION IS NOT GOING TO SELL THIS PROPERTY IN JULY. SO WE HAVE A LITTLE BIT MORE BREATHING ROOM TO REVIEW THIS AND MAKE SOME RECOMMENDATIONS SO WE DON'T HAVE TO LOOK AT IT RIGHT NOW. SO WHEN ARE THEY LOOKING AT DOING AN AUCTION? IN THE FALL? ON THE FALL, THEY HAVE A PROBLEM WITH ACCESS AND WE'RE GONNA PUT THE ACCESS ACROSS RIGHT ACROSS FROM THE INTERCHANGE. THEY, THE FHA FEDERAL HIGHWAY ADMINISTRATION SAID ABSOLUTELY NOT. SO THEY HAVE TO COME UP WITH A DIFFERENT LOCATION FOR ACCESS FOR THIS PROPERTY AND IS WHAT'S CAUSING TO DELAY THE SALE OF THE OVERLEAF PARCEL. SO THE PARCEL, WE'RE ALSO LOOKING FOR RECOMMENDATION OF OTHER PARCELS. WE'VE IDENTIFIED OTHER PARCELS THERE. UM, TAKE A LOOK AT THOSE OTHER PARTS. YEAH. SO WHERE'S THE PARCEL? THE PARCEL? YES. IT DOES THIS, THIS IS THE PARCEL THAT REPRESENTS THE OVERLEAF PROPERTY, WHICH IS UN RIGHT NOW. ALRIGHT. CALL ME WITH ANY QUESTIONS ON IT. WE'LL PUT TOGETHER A REPORT TO RECOMMEND. JUST SO, NEXT ITEM ON THE AGENDA IS A LS FAULT SEEKER STATUS UPDATE. SO LAST WEEK ON WEDNESDAY, WE HAD THE FIRST OF TWO PUBLIC HEARINGS FOR THE PUBLIC COMMENT SECTION. UH, IT, IT WENT WELL. UM, THE NEXT ONE IS JULY 12TH AT 6:00 PM AND WE WILL HAVE TO BE OUT OF THERE BY 9:00 PM BECAUSE THAT'S WHEN HILBERT WILL PICK US OUT. AND IT'S AN AUDITORIUM AT HILBERT? YES. IT'S A SWAN AUDITORIUM AT HILBERT COLLEGE. ONE OF JOSH'S JOBS IS TO MAKE SURE HE CONSOLIDATES ALL THOSE COMMENTS. AND WHEN WE START GETTING CONSOLIDATION, WE'LL BE WAITING FOR THE ACTUAL MINUTES FROM THE SONOGRAPHER, BUT WE'LL GET YOU THOSE CONSOLIDATED COMMENTS SO HE CAN START THINKING ABOUT RIGHT. THE STENOGRAPHER IS ACTIVELY WORKING ON THE MINUTES. , TWO QUESTIONS FOR YOU, JENNIFER, IS ONE, DO WE HAVE A TIMELINE ON THE, THE STENOGRAPHER? AND THEN TWO, WHAT IS THE UPDATE ON THE STATUS OF THE CONSULTANT REPORTS? UH, BILL ACTUALLY MIGHT BE ABLE TO ANSWER BOTH OF THOSE BECAUSE I DIDN'T MAKE THE LAST CONSULT PAYMENT. UM, OKAY. I WAS UNABLE TO DO A WORK COMMITMENT. AND YOU ALSO SPOKE THE STENOGRAPHER, RIGHT? SO THE STENOGRAPHER, UH, STANDARD TIMEFRAME, SHE TOLD US TWO OR THREE UNITS, UM, THE APPLICANT OFFERED TO PAY FOR AN EXPEDITED TRANSCRIPT. WHETHER OR NOT THAT ACTUALLY DID OCCUR, I, I DON'T KNOW. UM, I CAN DOUBLE CHECK WITH THE STENOGRAPHER. UM, IF, IF SOMEBODY WAS TO PAY FOR THE EXPEDITED, IT WOULD BE DONE MUCH QUICKER, BUT UNDER THE CURRENT THAT THE TOWN WORKED OUT, COULD BE ANOTHER WEEK OR TWO, BUT IT'LL BE BEFORE THE NEXT MEETING FOR SURE. AND I, I ACTUALLY HAVE HER EMAIL ADDRESS SO I CAN EMAIL THE STENOGRAPHER AND ASK WHEN CAN, UH, UM, SO AS FAR AS THE EXPERT REPORTS, UM, I DON'T KNOW THAT WE HAD THE FINAL DEADLINE OTHER THAN THE PUBLIC COMMENT PERIOD CLOSES ON JULY 28TH AND WE WANTED THEIR REPORTS WELL IN ADVANCE OF THAT, I THINK OUR LAST MEETING IS, CAN I GET INVITED TO THAT MEETING? THE [03:05:01] LAST ENGAGEMENTS? NO, OUR, OUR LAST PLANNING BOARD MEETING IS JULY 19TH, AND WE PUT BEFORE THAT OF THE PUBLIC COMMENT PERIOD, AND THAT IS WHEN WE WANTED TO HAVE THE EXPERT REPORTS. AND FOR THE RECORD, THE NEXT SPECIAL MEETING IS, THE NEXT SPECIAL MEETING IS JULY NINE 12TH. YES. OUR MEETING'S JULY 19TH, REGULAR MEETING'S JULY 19TH. NEXT SPECIAL MEETINGS JULY 12TH, SWAN AUDITORIUM, 6:00 PM BERT COLLEGE. I THINK THAT COMMENT PERIOD ENDS ON FRIDAY, DOESN'T IT? 'CAUSE IT'S THE SAME, IT'S 28TH. IT'S, I COULD ALSO EMAIL BOTH CONSULTANTS AND CHECK IN. SEE, AND GUYS, REMEMBER, YOU CAN'T MAKE IT. LET BILL KNOW BECAUSE YOU TECHNICALLY HAVE TO HAVE A QUORUM AND IT IS AN OFFICIAL PUBLIC HEARING. YOU HAVE TO HAVE A QUORUM. AND WE, WE DID HAVE A QUORUM LAST TIME. CANNOT MAKE THAT. AND I, I EXPECT THAT WE'LL HAVE A FORUM NEXT TIME. ALSO FOUR. SO BILL, YES, YOUR CONSULTANTS WERE ASKED TO SEND THE FIRST DRAFT OF THEIR REPORTS BY THE END OF JUNE. SO THAT WOULD GIVE US FOUR WEEKS WORK ON ANY CHANGES. JUST, YOU KNOW, WHAT'S THE TIMELINE THAT WE'RE EXPECTING TO FLIP COMMENTS BACK TO THE CONSULTANTS SO THAT THEY CAN FINALIZE ACCORDINGLY? BECAUSE THAT SEEMS LIKE A TIGHT TIMEFRAME TO, IN ORDER TO MAKE SURE THAT WE GET THEM FEEDBACK IN THE TIME THAT GIVES THEM MEANINGFUL TIME TO RESPOND, NOT WE'LL HAVE TO REVIEW THE COMMENTS RECEIVED. WELL, WE DON'T HAVE TO START REVIEWING THE COMMENTS RECEIVED UNTIL AFTER JULY 28TH. RIGHT. SO WE CAN, WE CAN ADDRESS THE ISSUES WITH THE CONSULTANT'S REPORTS BEFORE THE END OF THE PUBLIC COMMENT PERIOD. SO THAT WAY WE'RE NOT DOING BOTH AT THE SAME TIME. AND JUST FOR THE RECORD, THE CONSULTANT REPORTS RIGHT NOW, AND I KNOW ARE ADDRESSING THOSE INSUFFICIENCIES OR DEFICIENCIES IN THE, IN THE, THAT YOU DECLARED IN THE ACCEPTANCE OF THE DEIS. OTHER WORK MAY BE NEEDED BY THE CONSULTANTS ONCE WE HAVE THE FULL LIST OF COMMENTS, BUT RIGHT NOW WE'RE ADDRESSING THE DEFICIENCIES, CORRECT. TAMMY? YES. WE'RE, WE'RE ADDRESSING THE DIS AS IT STANDS, THE DEFICIENCIES LISTED BY THE PLANNING BOARD AND TOUCHING ON EITHER MITIGATION OR ADDITIONAL STUDY THAT WE FELT COULD HAVE BEEN LOOKED AT. BUT THE OTHER ISSUE IS IF WE GET ADDITIONAL COMMENTS, THEY COULD BE DIRECTED TO THE CONSULTANTS THAT WEREN'T THOUGHT ABOUT IT. , POSSIBLY. YES. YEAH, POSSIBLY. MAYBE THEY'RE ALL ADDRESSED, MAYBE NOT. WE'LL SEE. WELL, WE, WHEN WE PUT IT UP TO BID, WE ALSO HAD A SCOPE OF THE BID AND SOME OF THE THINGS THAT WE MAY NEED BASED ON THE DEFICIENCIES AND THE COMMENTS MAY BE OUTSIDE THE SCOPE OF THE CURRENT BID. UM, SO THAT'S WHY I SAY POSSIBLY, HOPEFULLY THEY'RE NOT, BUT IT'S POSSIBLE THAT SOMETHING COMES UP THAT'S OUTSIDE WHAT WE'VE ALREADY ASKED FOR. IN MY UNDERSTANDING, JENNIFER, I THINK THE APPLICANT IS ALSO WANTS TIME TO POTENTIALLY RESPOND TO SOME OF THE COMMENTS RECEIVED. THEY WOULD LIKE SOME ADDITIONAL TIME. UH, WE HAVEN'T FORMALLY RESPONDED. I BELIEVE THEY ASKED FOR AN EXTRA MONTH. I THINK THEY WANT UNTIL AUGUST 28TH TO RESPOND. UH, WE HAVEN'T FORMALLY RESPONDED TO THEIR REQUEST AS YET. AND BUT THE DIFFERENCE IS, THE DIFFERENCE IS MM-HMM . YOU UNDERSTAND ANY COMMENTS RECEIVED BY THE APPLICANT FOR YOU TO PUT THE FEIS? YOU HAVE TO AGREE WITH WHAT THEY'VE STATED. YOU CONTROL THE CONTENT OF THE FEIS, NOT THE APPLICANT. THE APPLICANT HAD THEIR CHANCE AND THE DEIS UNDERSTAND THEY CAN, THEY CAN SUBMIT COMMENTS, BUT YOU HAVE TO AGREE WITH THEM TO PUT IT IN THE FBIS. YOU CONTROL THE CONTENT OF THE FEIS. RIGHT. WHAT EXACTLY ARE THEY, UM, ARE THEY RESPONDING TO? IS IT THE COMMENTS AND THEN THE RESPONSES THAT BILL SETTLE'S PUTTING? I BELIEVE THEY WOULD LIKE A OPPORTUNITY TO RESPOND TO THE PUBLIC COMMENTS GATHERED FROM THE PUBLIC HEARINGS. SO SOLELY JUST THE COMMENTS AND ANY SORT OF CATEGORIZATION OF THERE'S, I CAN'T SAY SOLELY BECAUSE THEIR COMMUNICATION DIDN'T EXACTLY CLARIFY TO THAT. I TELL LIKE, ARE THEY VIEWING AND RESPONSE? I, I BELIEVE IT'S TO THE PUBLIC HEARING JUST AS I INTERPRETED THE REQUEST. THEY WANT AN OPPORTUNITY TO REBUT OR RESPOND TO WHAT? RIGHT. WE'LL, ESSENTIALLY, AND WE'LL SEND THEM ALL OF THE PUBLIC INPUT THAT WE RECEIVED, BOTH AT THE PUBLIC HEARING AND THE LETTERS AND EMAILS THAT WE RECEIVE. MM-HMM . THEY WILL GET ALL OF THAT AND WE WILL GIVE THEM AN OPPORTUNITY TO RESPOND TO ALL OF THAT THAT THEY REQUESTED. BUT I GUESS THE POINT I GUESS THE DREW'S MAKING IS, IS THAT WE ARE NOT OBLIGATED AT THIS POINT. THEY'RE, THEY DID THE DRAFT DIS THEY, IF WE WERE TO DO THAT, THAT IS ACTUALLY OUTSIDE OF THE NORM OF THE PROCESS. MM-HMM . AND THAT WE HAVE NO NEED TO TAKE ANY OF THAT BECAUSE THE DEIS WAS THEIRS. AND NOW THE PUBLIC SAID THAT COMMENT TO RESPOND TO WHAT THEY SAID. CORRECT. AND NOW IT'S OUR TURN THEN TO RESPOND ACCORDING. AND THE PLANNING BOARD DID OFFER SEVERAL OPPORTUNITIES TO CORRECT THEIR DEIS, WHICH ULTIMATELY THEY DID NOT DO. SO OBVIOUSLY THERE'S THAT AS WELL. [03:10:01] SO WE ARE FORMULATING A DRAFT RESPONSE TO THEM, BUT IT HASN'T. ALL RIGHT. SO THAT'S THE END OF THAT UPDATE. UH, WE HAVE MINUTES FROM JUNE THE SEVENTH, RIGHT? IS THAT, SO THAT'S A MOTION BY PLANNING ORDER. SO HOLD, HOLD ON. SO THERE WERE TWO NAMES THAT SARAH WAS MISSING OUT OF THE MINUTES THAT SHE WAS UNABLE TO INCLUDE. I'M JUST TRYING TO FIGURE OUT WHAT THEY ARE. BUT ON THE EMAIL FROM SARAH, THERE WERE TWO SPEAKERS THAT SHE WAS NOT ABLE TO IDENTIFY. I DON'T GIMME A SECOND, BUT I WE MIGHT WANNA AMEND THE MINUTES TO ADDRESS THE TWO SPEAKERS. DO WE KNOW WHO THE TWO SPEAKERS WERE? YOU THAT IN CONTEXT? UM, NAMES OF THE REPRESENTATIVES FROM EITHER THE FORMER DICK STORE PROJECT OR THE WESLEYAN CHURCH PROJECT PROJECT. SO I DON'T KNOW IF, IF JOSHUA HAS THOSE, I WOULD SAY THAT WE CAN APPROVE THEM WITH THE ALLOWANCE THAT JOSH INSERT THE APPROPRIATE NAMES FOR THOSE TWO. YES. I SENT UH, TWO NAMES TO SARAH IN EMAIL. BUT FOR THE RECORD, UH, THE GUY FROM DICK'S SPORT, THOSE WAS BOB MARTIN AND THE GUY FROM WAS CHURCH WAS GREG I BEER. OKAY. AND IVER. AND BOTH OF THOSE ARE WORK SESSION ITEMS. SO I WOULD MAKE A MOTION TO APPROVE THE PLANNING BOARD MINUTES FROM JUNE 7TH AS AMENDED. SO THAT IS A, THAT IS A MOTION BY PLANNING BOARD MEMBER MCCORMICK AND A SECOND BY PLANNING BOARD MEMBER CHAPLAIN CHAPMAN. CHAPLAIN. ALL ALL IN FAVOR? AYE. AYE. CARRIED . MOTION TO ADJOURN. SECOND MOTION BY PLANNING BOARD MEMBER SECOND BY PLANNING BOARD MEMBER VALENTI. ALL IN FAVOR? AYE. AYE. MOTION CARRIED. WELL BOARD MEMBER. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.