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[00:09:14]

IF

[00:19:49]

BLINKING

[00:19:49]

GOOD

[00:19:50]

OR BAD? IF IT'S NOTING IT WOULD BE A GOOD THING.

YOU'RE GOOD NOW THEY CAN HEAR.

NO, DON'T PUSH IT AGAIN.

FIX.

WAIT.

THEY CAN HEAR IT RIGHT NOW OR THEY COULD HEAR IT.

THEY CAN HEAR.

THEY CAN HEAR ME NOW.

[00:20:02]

LIKE THOSE VERIZON CONVERT FIX.

OH YEAH, YEAH.

OKAY.

YEAH.

JUST MAKES A COUPLE SECONDS.

OKAY.

YEAH, WE HAVE STAND UP.

SURE.

WE'RE GONNA REDO THE FIRST ONE AGAIN AND DAN WILL STAND UP SO EVERYBODY CAN HEAR IT.

OKAY.

TAKE TWO.

WHERE, WHERE IS THE TOWN OF HAMBURGER? RECEIVED A SPECIAL USE PERMIT AND A SITE PLAN APPLICATION FROM FISHER RENTAL PROPERTIES LLC TO CONSTRUCT A WAREHOUSE STORAGE PROJECT 5 1 7 3 SOUTHWESTERN BOULEVARD.

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

AND WHEREAS THE HAMBURG PLANNING BOARD IN ACCORDANCE WITH THE NEW YORK STATE ENVIRONMENTAL BODY REVIEW ACT, CRA HAVE DONE A THOROUGH REVIEW OF THE PROJECT AND ITS POTENTIAL IMPACT NOW, THEREFORE BE IT RESOLVED THAT THE TOWN OF PBURG PLANNING BOARD HEREBY DETERMINES THAT THE PROPOSED SPECIAL USE PERMIT, SITE PLAN, APPROVAL AND CONSTRUCTION OF THE WAREHOUSE PROJECT DOES NOT ANTICIPATED TO RESULT IN ANY SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACT AND THAT THE NEGATIVE DECLARATION IS HEREBY ISSUED AND THE PLANNING BOARD CHAIRMAN, CHAIRMAN IS AUTHORIZED TO SIGN THE EAF, WHICH WILL ACT AS THE NEGATIVE DECLARATION.

SO THE MOTION HAS BEEN MADE BY DAN SWACK.

IS THERE ANYONE SECONDING SECOND MOTION MADE BY DAN SW AND SECOND BY DENNIS CHAPMAN.

ALL THOSE IN FAVOR? AYE.

AYE.

ANY OPPOSED? NONE OPPOSED.

ALL IN FAVOR? GO AHEAD.

WITH THE SECOND WHERE THE TOWN OF HAMBURG HAS REC HAS RECEIVED, HAS REVIEWED THE SPECIAL USE PERMIT APPLICATION FROM OFFICIAL RENTAL PROPERTIES LLC FOR THE CONSTRUCTION OF A WAREHOUSE STORAGE PROJECT S 5 1 7 3 SOUTHWESTERN BOULEVARD BASED ON A DETERMINATION BY THE TOWN CODE ENFORCEMENT OFFICER.

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

AND WHEREAS THE HAMBURG PLANNING BOARD IN REVIEWING THE PROPOSED PLOT, PROPOSED PROJECT AS DETERMINED IN ACCORDANCE WITH SECTION THREE, SECTION 2 8 0 DASH THREE 12 AND 2 8 0 DASH 3 3 2 0.2 PRIVATE RENTAL STORAGE, ALSO KNOWN AS PUBLIC MINI STORAGE SALT STORAGE FACILITY.

THAT ONE, THE PROJECT WILL BE IN HARMONY WITH THE PURPOSES AND INTENT OF SECTION 2 8 0 DASH THREE TWO TO THE PROJECT WILL NOT CREATE A HEALTH HAZARD TO HEALTH, SAFETY AND GENERAL WELFARE.

THREE.

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

FOUR.

THE PROJECT WILL NOT OTHERWISE BE DETRIMENTAL TO THE PUBLIC CONVENIENCE AND WELFARE FOR PRIVATE RENTAL STORAGE.

THESE MINI STORAGE UNITS ARE SET BACK MINIMUM OF 100 FEET FROM ANY RESIDENTIAL ZONING DISTRICT OR RESIDENTIAL STRUCTURE.

THESE MINI STORAGE UNITS WILL NOT BE VISIBLE FROM THE HIGHWAY BECAUSE OF THEIR LOCATION AWAY FROM THE HIGHWAY, BOTH SOUTHWESTERN AND CAMP, AND ARE LOCATED BEHIND OTHER STRUCTURES.

AND THEREFORE IT WAS NOT NECESSARY TO EMPLOY THE FOLLOWING OPTIONS.

ONE, A LANDSCAPE BERM OR SOLID ARCHITECTURAL FENCE OR WALL THAT CAN BE ADDED IN THE FRONT YARD.

YOU SHALL BE OF HEIGHT, BE OF A HEIGHT SUFFICIENTLY SUFFICIENT TO SCREEN THE UNITS TWO FULL SCALE BUILDINGS THAT INCLUDES OFFICES OR OTHER APPROVED USES ALONG WITH COMPONENTS LISTED IN THE SUBSECTION B.

ONE CAN BE UTILIZED SIX GREEN UNITS.

THESE PUBLIC MINI STORAGE UNITS ARE NOT LOCATED ON LOTS FRONTING ROUTE FIVE SOUTHWESTERN BOULEVARD AND CAMP ROAD.

THE LOT ESSENTIALLY DOES NOT FRONT SOUTHWESTERN.

IT SHOULD HAVE ACCESS THROUGH A ROAD OR IN THE WATERFRONT AREA OF THE TOWN'S LOCAL WATERFRONT REVITALIZATION PLANT.

NOW THEREFORE BE IT RESOLVED AT THE TOWN OF HAMBURG PLANNING BOARD, HEREBY DETERMINES THAT THE PROPOSED SPECIAL USE PERMIT IS IN ACCORDANCE WITH THE REQUIREMENTS OF THE TOWN OF HAMBURG.

AND THEREFORE SPECIAL USE PERMIT IS HEREBY ISSUED WITH THE FOLLOWING CONDITIONS.

IT'S BASED ON THE SITE PLAN APPROVED BY THE PLANNING BOARD DATED 1 17 24 WITH ANY CONDITIONS ATTACHED TO THAT PLAN, THAT PUBLISH MOTION MADE BY DAN SW.

IS THERE A SECOND? SECOND.

ALL THOSE IN FAVOR? AYE.

AYE.

AYE.

MAY I ASK A QUESTION? SURE.

DO WE NEED TO DO SITE PLAN BEFORE WE DID THE SPECIAL USE PERMIT? DOES IT NOT MATTER WE RECORD THE GIVEN? IT DOESN'T MATTER.

OKAY.

THANK YOU.

AND IT WAS JUST A QUESTION.

CAN I RAISE A POINT OF SOMETHING? CLARIFICATION.

ORDER ONLY IF YOU CAN SPEAK UP 'CAUSE THEY CAN'T HEAR YOU IN THE BACK.

YEAH.

CAN WE NOT USE THE WORD CHAIR, MAN, SINCE THE CHAIR IS NOT A MAN, CAN WE GET A GENDER NEUTRAL CHAIRPERSON PLEASE? IN THE MINUTES AND THE UM, YEP.

RESOLUTION, WHATEVER.

I DON'T WHAT THEY CALL ME AS LONG AS THEY DON'T CALL ME THE COUCH.

SO IT'S FINE.

WHATEVER.

WHATEVER THE REASON I'M GONNA BREAK THIS UNDER BILL, BUT THEN I WAS LIKE, HE HAS A MAN, SO I GUESS IT'S FINE.

IT'S FINE.

I I, IT, IT DOESN'T MATTER TO ME.

CHAIR, CHAIR, CHAIR, CHAIR.

WE HAD HIM.

CHAIR IS FINE.

UM, CAN WE FINISH WITH WHAT WE'RE DEALING WITH HERE? UM,

[00:25:02]

OKAY, SO I NEED HELP ON THIS.

SO WE'RE WE VOTED AND YOU HAVE A SECOND? YOU JUST NEED TO CALL VOTE.

WE CALLED THE ROLE.

THEY CALLED THE, DID EVERYBODY WE CALLED EVERY SAID HI.

OKAY.

ALTHOUGH IT WAS KIND OF WEAK.

DID EVERYBODY DID AGREE TO THIS? YES.

OKAY.

ALL, EVERYBODY, UM, CONCURRED.

OKAY.

AND NOW WE HAVE, UM, THREE, THE TOWN OF HAMBURG PLANNING BOARD HEREBY SITE PLAN.

SITE PLAN APPROVAL.

OKAY.

I'M TAKING IT ON SECRET SPECIAL USE SITE PLAN.

I'M SORRY.

OH, I DIDN'T MEAN TO CUT YOU OFF.

SECRET.

SPECIAL USE SITE PLAN.

I'M SORRY.

SOLUTION.

NOW WE'RE DOING THE SITE PLAN.

THAT'S WHY I ASKED THE QUESTION.

DON'T HIT THE RESOLUTION.

SO I DIDN'T SORRY, YOU SAID WE DON'T HAVE THE RESOLUTION.

LET'S THINK.

YEAH, THEY'RE IN, THEY'RE IN THE FOLDER.

UH, THE INTERNET'S DEAD.

YEAH, THE INTERNET'S NOT WORKING AGAIN.

YOU SEE THAT THERE'S NEW YEAH, THAT'S WHAT I'M ON.

THAT'S WHAT WE'RE AT.

AND WE'RE ALL DOWN.

YEAH.

SO WE ARE SO I DIDN'T MEAN TO INTERRUPT YOU.

I DIDN'T REALIZE WE HAVEN'T PUT A RESOLUTION.

YEAH, SORRY.

CAN WE GET COPIES OF THE, ALL THE RESOLUTIONS THAT WE'RE GONNA PUT THROUGH? CAN WE GET PRINTS OUT? WE'LL SPEAK UP.

SORRY.

OKAY.

SECTION THREE.

AS LONG AS JUST A TECHNICAL GLITCH.

I'M ALL RIGHT.

THE TOWN OF HAMBURG PLANNING BOARD HEREBY GRANT SITE PLAN APPROVAL TO FISHER RENTAL PROPERTIES LLC FOR THE CONSTRUCTION OF A WAREHOUSE PROJECT AT 5 1 7 3 SOUTHWESTERN BOULEVARD WITH THE FOLLOWING CONDITIONS.

APPROVAL IS CONTINGENT, CONTINGENT UPON THE ENGINEERING DEPARTMENT COMMENT LETTER DATED ONE 12 2024.

SIDEWALKS ALREADY EXIST ALONG SOUTHWESTERN BOULEVARD.

LIGHTING WILL BE SHOWN AS THE APPROVED LIGHTING PLAN AND THE INTERNAL AND INTERNAL AND BUILDING LIGHTING WILL BE SHIELD, DARK SKY COMPLIANT, AND NOT NEON OR FLASHING COLOR LIGHTS.

AND AT THIS POINT, THERE'S NO OTHER ADDITIONS TO THAT, TO OUR SITE PLAN.

UH, CINDY, I THINK THE ENGINEERING DEPARTMENT MEMO MIGHT BE UPDATED IN FEBRUARY 2ND.

THERE IS A MORE UPTODATE LETTER, SO IF YOU COULD JUST AMEND THAT.

SO LET ME AMEND THAT TO FEBRUARY 2ND.

SECOND 2024.

SO A MOTION HAS BEEN MADE BY CHAIR GROGAN.

IS THERE A SECOND? SECOND.

ALL THOSE IN FAVOR? AYE.

NONE OPPOSED.

OKAY.

AND THAT CONCLUDES OUR FIRST PUBLIC HEARING AND VOTE.

THANK YOU.

THANK YOU.

SORRY GUYS THAT WE'RE HAVING TECHNICAL DIS PENALTY.

OF COURSE.

NO.

YEAH.

WHAT ABOUT TOWN AND CHRYSLER? UM, THEY JUST, THEY ASKED TO BE TABLED TO THE NEXT MEETING.

SO OUR THIRD CASE, WE MAY BE OUTTA HERE BY EIGHT O'CLOCK.

WE'LL ALL GO OUT FOR POPCORN.

UM, OUR THIRD CASE TOWN AND COUNTRY, A TOWN CHRYSLER DODGE RAM JEEP, REQUESTING A SITE PLAN APPROVAL OF A NEW 4,473 SQUARE FOOT ADDITION TO THEIR BUILDING LOCATED AT 5 1 3 0 CAMP ROAD IS POSTPONING BECAUSE THEY NEED A SPECIAL USE PERMIT.

THE PETITIONER DID NOT KNOW THAT IT'S TIME.

SO THIS CASE IS BEING, UM, TABLED UNTIL WHAT DATE? THE 21ST, 21ST OF FEBRUARY.

AND YOU GUYS GOT THAT ON THAT .

OKAY.

THANK YOU.

OUR NEXT PUBLIC HEARING IS FOR, UH, HILBERT COLLEGE.

WOULD PETITIONER LIKE TO COME FORWARD PLEASE? HILBERT COLLEGE IS REQUESTING A SITE PLAN APPROVAL FOR A NEW ATHLETIC FIELD TO BE LOCATED AT 5 2 0 0 SOUTH PARK AVENUE.

GOOD EVENING, GENTLEMEN.

WOULD YOU PLEASE, UM, IDENTIFY WHO YOU HAVE WITH US AT THE MEETING THIS EVENING FOR THE RECORD? YES.

GOOD EVENING.

MY NAME IS NORM GARDNER, G-A-R-D-M-E-R.

I'M WITH THE ENGINEERING FIRM OF CPL.

WITH ME TONIGHT IS DR. MICHAEL BROPHY, PRESIDENT OF GILBERT COLLEGE.

TIM SIL, THE ATHLETIC DIRECTOR AT BERT COLLEGE.

AND WE'RE HERE TO, HOW DOES TIM SPELL HIS LAST NAME? SEIL.

THANKS.

AND WE'RE HERE TO TALK ABOUT, UH, WHAT WE'RE PROPOSING TO DO AS IN PHASE ONE OF, IN A, UH, GILBERT COLLEGE IS UNDERGOING A SIGNIFICANT TRANSFORMATION, UH, UNDER THE, THE COLLEGE'S LEADERSHIP TO EXPAND THEIR ATHLETIC PROGRAM.

UM, AS YOU KNOW, THE CAMPUS IS PRETTY WELL LANDLOCKED BY, UH, OTHER DEVELOPMENTS.

UM, THERE ISN'T A LOT OF PLACES TO DO THE THINGS THAT THEY WANT TO DO WITH THEIR ATHLETIC PROGRAM.

SO WHAT WE'RE PROPOSING TO DO, UH, IS PUT A PATHETIC CUR FIELD OVER TOP OF THEIR EXISTING GRASS FIELD.

UH, THE SYNTHETIC CAR BUFFERS THE ADVANTAGE OF OF ABOUT FIVE TIMES AS MUCH USE,

[00:30:01]

UM, WITH THE MAINTENANCE THAT ISN'T REQUIRED AS OPPOSED TO A TUR FIELD AND AT A COLLEGE LEVEL WHERE, WHICH IN A GRASS FIELD SITUATION IS VERY HIGH MAINTENANCE TO, TO MAINTAIN THE GRASS FIELD IN THE SAFE CONDITION.

UM, WE ARE PROPOSING TO DO A 1200 SQUARE FOOT STORAGE BUILDING ONLY.

IT'S GOING TO BE A POLE BARN PRETTY MUCH WITH ONLY, UH, ELECTRIC TO IT.

THERE WILL NOT BE ANY OTHER UTILITIES BROUGHT TO THE BUILDING.

IT'S PRIMARILY TO STORE ALL THE MATS AND THINGS THAT THEY ARE FROM THE RUNNING TRACK.

UM, PROGRAM HAS SOME PRETTY SIGNIFICANT MATS ASSOCIATED WITH IT.

UH, SO THEY WILL BE STORED IN THE, THE CORNER OF THE TRACK.

UM, BUT OTHER THAN THAT, IT'S TAKE THE GRASS FIELD OFF, PUT THE SYNTHETIC TURF FIELD ON, PUT A TRACK AROUND IT AND BUILD A SMALL STORAGE BARN.

SO THAT'S IT.

THANK YOU.

WE DID RECEIVE SOME COMMENTS FROM, UH, PLANNING STAFF.

UM, I'M HOPING THAT WE ADDRESSED THEM ALL WITH REGARD TO TRAFFIC.

THE DOT DID NOT HAVE ANY CONCERNS.

UM, WITH THIS, UM, WE ADDRESSED THE ISSUES ON ARCHEOLOGICAL ISSUES ON THE, THE WETLANDS.

WE PROVIDED A WETLAND DELINEATION.

UM, THERE ARE TWO WETLANDS ON THE CAMPUS, UM, THEY'RE SOUTH OF WHICH IS PLAN LEFT, UM, OF THE EXISTING FACILITY.

WE'RE NOT PROPOSING TO GO ANYWHERE NEAR THEM OR DO ANY DEVELOPMENT, UH, ASSOCIATED WITH THEM AT ALL.

ALL OF THE RUNOFF FROM THE SITE WILL BE DIRECTED AND DISCHARGED AT THE SAME POINT THAT IT CURRENTLY DOES.

NOW, JUST NORTH OF THE TRACK, THERE IS A SMALL DRAINAGE DITCH.

UH, WE ARE PROPOSING TO MANAGE ALL OF OUR STORM WATER MANAGEMENT REQUIREMENTS FOR BOTH QUANTITY AND QUALITY UNDER THE TURF FIELD, UH, IN THE STONE SYSTEM THAT WE HAVE UNDERNEATH THE TURF FIELD.

AND THEN DISCHARGE IT TO WHERE IT CURRENTLY DISCHARGES NOW AT THE RATE THAT IT CURRENTLY DISCHARGES.

OKAY.

ANY QUESTIONS? UH, DR.

, DID YOU WANT? THANK YOU.

GOOD EVENING, MADAM CHAIR.

GOOD EVENING EVERYONE.

GOOD EVENING.

ON BEHALF OF THE COLLEGE, JUST WANTING TO THANK THAT THE TOWN FOR ITS CONSIDERATION OF, UH, THIS ADDITION TO OUR CAMPUS.

AS YOU KNOW, OUR, UH, FRANCISCAN COMMUNITY HAS BEEN IN THE TOWN FOR ALMOST A HUNDRED YEARS.

UH, WE'RE FIRST WITH OUR CONVENT OF THE FRANCISCAN SISTERS OF ST.

JOSEPH.

MM-HMM .

UH, THEN OF COURSE WITH IMMACULATA, THE HIGH SCHOOL AND HILBERT COLLEGE AS WELL.

AND AS YOU CAN SEE, WHAT WE'RE LOOKING TO DO HERE, IT'S TAKE ONE OF THE LAST AVAILABLE PIECES OF OUR LAND AND, AND REALLY PUT IN THE FINAL THING THAT WE NEED FOR OUR ATHLETIC PROGRAM.

UH, WE'VE HAD SOME REALLY GOOD CONVERSATIONS OVER THE MANY YEARS WITH THE REC, UH, DEPARTMENT HERE AT THE TOWN.

UH, WE CURRENTLY HAVE OUR WOMEN'S HOCKEY, UH, TEAM PLAYING AT, AT THE ICE RINK.

AND WE OF COURSE WILL BE READY TO SHARE THIS BEAUTIFUL FACILITY WITH THE TOWN, UH, WHENEVER IT WAS NEEDED.

THANK YOU.

THANK YOU.

OKAY.

SO THIS EVENING WE'RE HAVING A PUBLIC HEARING IN REGARDS TO THIS, UM, UM, NEW ATHLETIC FIELD.

AND DENNIS, WOULD YOU PLEASE READ THE NOTICE? NOTICE IS HEREBY GIVEN THAT THE TOWN OF HAMBURG PLANNING BOARD WILL CONDUCT A PUBLIC HEARING ON THE PROPOSAL PROPOSAL BY HILBERT COLLEGE TO CONSTRUCT A NEW ATHLETIC FIELD TO BE LOCATED AT 5 2 0 0 SOUTH PARK AVENUE.

THE PUBLIC HEARING WILL BE HELD ON FEBRUARY 7TH, 2024 AT 7:00 PM IN ROOM SEVEN B OF HAMBURG TOWN HALL.

THANK YOU, DENNIS.

IS THERE ANYONE IN THE AUDIENCE THAT WISHES TO MAKE COMMENT IN REGARDS TO THIS CASE? WOULDN'T HEAR ANYTHING THE GENTLEMAN SAID BACK HERE.

THE GENTLEMAN TO YOUR RIGHT.

WE COULD HEAR REALLY WELL, BUT I THINK PART OF THE PROBLEM IS THE SPEAKER'S BACKS AT THE PODIUM ARE TO US AND FOR SOME REASON THE AUDIO ISN'T SPILLING OVER.

SO I DON'T KNOW.

SO I WILL TELL YOU THAT THIS IS A, UM, ATHLETIC FIELD THAT I KNOW, I UNDERSTAND THAT.

YEAH.

BUT YOU KNOW, ALL THE DETAILS WE REALLY COULDN'T HEAR, MA'AM.

I'M SORRY.

I WAS TRYING TO REITERATE WHAT HE JUST SAID SO YOU COULD HEAR IT.

IS THERE, I MEAN, IT'S A PUBLIC HEARING.

IF YOU HAVE QUESTIONS, YOU CAN COME UP TO THE PODIUM AND POSE YOUR QUESTIONS TO THE BOARD.

AND I APOLOGIZE ABOUT THE AUDIENCE.

TALK LOUDER, LIKE OKAY.

PROJECT YOUR VOICE.

YELL IF YOU HAVE TO.

OKAY.

AND YOU PRETTY MUCH DO IN THIS ROOM, RIGHT? WITHOUT MICS AND THE ACOUSTICS.

JUST SPEAKERS NEED TO YELL.

ACTUALLY YELL.

YEAH.

THAT GENTLEMAN THAT JUST, OH, HE DID A REALLY GOOD JOB.

WE COULD HEAR HIM, BUT EVERYBODY ELSE YOU CAN'T REALLY.

THANK YOU.

SO HOW MANY PEOPLE IN THE AUDIENCE DID NOT HEAR THE FIRST SPEAKER FROM HILBERT COLLEGE? WOULD YOU LIKE TO, UM, TURN AROUND AND WOULD YOU LIKE TO SPEAK A LITTLE LOUDER? I'D BE MORE THAN HAPPY TO GO THROUGH IT.

I HOPE I COME UP WITH THE SAME SPIEL THAT I DO.

FIRST TIME I SPIN YOU.

OKAY.

IF HE CASES THE OTHER WAY.

SO YEAH, THAT'S FINE.

I MEAN IF YOU WANNA TURN, WAY,

[00:35:01]

TURN THAT WAY AND TALK TO THEM.

OKAY.

UM, THANK YOU.

MY NAME IS NORM GARDNER.

I'M WITH THE ENGINEERING FIRM OF CPL, UH, WITH MEITE DR.

BROBIE, PRESIDENT OF THE COLLEGE, , THE ATHLETIC DIRECTOR.

UH, WE'RE HERE TONIGHT TO, UH, PRESENT TO ALLOW GILBERT COLLEGE TO ADD A SYNTHETIC TURF FIELD TO THEIR CAMPUS TO ALLOW FOR THEIR, UH, SIGNIFICANT EXPANSION IN THEIR ATHLETIC PROGRAM.

UH, WE ARE PROPOSING TO PUT IT ON TOP OF THE EXISTING GRASS FIELD THAT'S THERE.

UH, WE ARE NOT TAKING OUT SIGNIFICANTLY A A LOT OF TREES OR ANYTHING LIKE THAT.

WE ARE MAINTAINING 130 FOOT BUFFER ALONG, I BELIEVE THAT'S ROSETTA ROAD ON THE EAST SIDE OF THIS.

UM, SO THERE WILL, YOU WON'T BE ABLE TO SEE THE FIELD OR WHAT'S GOING ON IN THE FIELD.

UM, WITH THE BUFFER THAT CURRENTLY EXISTS ALONG THE ROAD, UH, WE ARE NOT TOUCHING ANYWHERE ON THE SOUTHERN SIDE ALONGS, SAS ROAD.

UM, AND THERE ARE TWO WETLANDS ALONG THAT AREA.

WE'RE NOT PROPOSING TO GO ANYWHERE NEAR THEM OR DO ANY WORK WITHIN THOSE WETLANDS.

ALL OF THE STORM WATER WILL BE MANAGED BY THE TURF FIELD ITSELF.

IN THE SYSTEM THAT WE PUT UNDER THE TURF FIELD.

UM, DISCHARGE WILL BE AT THE SAME RATE THAT IT CURRENTLY IS.

SO WE WON'T BE INCREASING ANY FLOODING TO THE NEIGHBORHOOD OR ALONG THE DITCHES ALONG THE SIDE ROADS.

UM, AND THE WATER QUALITY WILL ALL BE MANAGED BY THAT SYSTEM ALSO.

UH, I HOPE THAT'S A SUMMARY OF WHAT I SAID TO THE BOARD.

THANK YOU.

THANK YOU.

THANK YOU.

THANK YOU.

THANK YOU.

OKAY.

SO YOU HEARD THE NOTICE THIS IS A PUBLIC HEARING FOR HILBERT COLLEGE AND THE ATHLETIC FIELD.

IS THERE ANYONE IN THE AUDIENCE AT THIS TIME THAT WISHES TO MAKE COMMENT IN REGARDS TO THIS CASE? ANA, PLEASE SPEAK VERY LOUDLY.

OKAY.

HI, I'M FROM THE CONSERVATION ADVISORY BOARD AND I WOULD LOVE TO TAKE THIS OPPORTUNITY TO COMMEND GILBERT COLLEGE FOR PRESERVING THE WETLAND VOLUNTARILY NOT BEING ASKED TO DO IT.

A LOT OF OTHER, UM, GROUPS THAT COME HERE, DON'T THEY ASK FOR THE ABILITY TO INFRINGE ON THE WETLAND AND IIL COLLEGE, THE ENGINEERING PLAN FOR WHAT THEY'RE DOING FOR PRESERVING IT VOLUNTARILY.

THANK YOU.

THANK YOU.

YOU DIDN'T STATE YOUR NAME.

OH, WOULD YOU LIKE TO KNOW THE SHE DID.

OH, OKAY.

DIDN'T MY NAME, THE ADDRESS? NO, JUST YOUR NAME.

IS THERE ANYONE ELSE IN THE AUDIENCE THAT WISHES TO SPEAK IN REGARDS TO THIS PROJECT? I THINK THAT WAS MY THIRD TIME.

SINCE THERE'S NOBODY ELSE RUSHING TO THE PODIUM, I'M GOING TO CLOSE THE PUBLIC HEARING AND ASK THE PLAINTIFF'S DEPARTMENT IF YOU HAVE ANY THING FURTHER TO ADD BEFORE I TURN IT OVER TO THE BOARD.

UH, YEAH, WE DID SEEKER ON THE ENTIRE PROJECT.

PLEASE SPEAK VERY LOUD.

YOU MAY WANNA STAND UP SO EVERYBODY CAN HEAR IT.

FOR THE RECORD, DR. ROGERS CONSULTANT.

UM, JUST SO EVERYONE KNOWS, WE DID SEEKER ON THE ENTIRE PROJECT.

SO, UM, IT'S PROBABLY GONNA BE IN TWO PHASES.

UH, THE FIRST PHASE, WHICH IS THE TRACKING ATHLETIC FIELD, UM, THAT'S WHAT YOU'RE GOING BE APPROVING FOR THE SITE PLAN.

OBVIOUSLY WHEN THEY DO PHASE TWO, THEY WILL COME BACK BEFORE THE BOARD.

BUT JUST SO EVERYONE IS AWARE, UH, THE SITE PLAN IS JUST FOR PHASE ONE TODAY.

SO SORRY CL QUICKLY ON THAT.

HANG ON, HANG ON, HANG ON.

YOU'RE GONNA HOLD YOUR QUESTION.

WELL, NO, IT'S ABOUT WHAT HE JUST SAID.

I KNOW, BUT HANG ON.

IS THERE ANYTHING ELSE THAT YOU HAVE? OKAY, GO AHEAD.

SO BEFORE WE HAD ASKED THEM TO AMEND THE SITE PLAN AT THE MEETING DECEMBER, NOVEMBER, I DON'T THINK THAT WE CAN, WE SHOULD BE COVERING PHASE TWO IN THE SECRET UNLESS YOU HAVE A LIGHTING PLAN BECAUSE ONE OF THE, THE PRIMARY CONCERNS THAT WAS RAISED AT THAT PRIOR MEETING WAS ABOUT THE LIGHTING AND POTENTIAL LIGHTING SPILL OVER BECAUSE THEY WERE GONNA HAVE SOME LIGHTING FOR THE FIELD.

SO MY RECOMMENDATION WOULD BE THAT WE ONLY DO SEEKER FOR THIS PHASE BECAUSE I DON'T KNOW HOW WE'D, THAT WAS ONE OF THE PRIMARY THINGS THAT WE HAD THAT WAS WHAT IS THE POTENTIAL, UH, LIGHTING EFFECTS FROM HAVING FULL MOUNTED LIGHTING, UH, AS PART OF PHASE TWO.

'CAUSE WE DIDN'T HAVE ANY SPECIFICS ON THAT.

CAN WE DO THAT JOSH? UH, WELL I DON'T THINK YOU CAN DO SEEKER ON JUST PART OF A PROJECT.

YEAH.

SO THE ISSUE, THE ISSUE OF SEGMENTATION CAME UP.

SO WE ASKED THE COUNTY ABOUT IT, UM, AND THE COUNTY CAME BACK AND SAID DO SEEKER ON THE ENTIRE PROJECT.

SO WE SUBMITTED THE COORDINATOR REVIEW ON BOTH PHASE ONE AND PHASE TWO.

AND THAT CAME BACK AND WE GOT COMMENTS BACK FROM THE AGENCY THAT WE SENT IT TO.

UM, SO SEEKER IS DONE ON THE ENTIRE PROJECT.

WE HAVEN'T APPROVED IT.

SO IT'S NOT DONE RIGHT.

SO I GUESS THAT WOULD BE MY ASK THEN, IS THAT IF WE ARE COVERING THE ENTIRE PROJECT IN SEEKER, WE HAVE NOT HAD A LIGHTING PLAN SUBMITTED, WHICH IS PRETTY STANDARD.

IT'S THE SAME THING WE'VE ASKED FOR THE CAR DEALERSHIPS FOR HAVING THE HIGHER POLES AND THE, AND THE LIGHTING.

I DON'T KNOW HOW WE WOULD MAKE, MAKE THAT

[00:40:01]

ANALYSIS WITHOUT THAT.

WELL, BECAUSE TONIGHT WE'RE ONLY, WE'RE ONLY, UM, TALKING ABOUT THE FIRST STAGE AND THE SECOND STAGE WOULD BE THE LIGHTING.

SO IT'S GONNA COME BACK TO US ANYWAY.

RIGHT.

SO WHAT SHE'S SAYING IS THAT THE SEEKER, THE LIGHTING PLAN, THE, THE IMPACT, AND THESE ARE STADIUM LIGHTS, WHICH ARE THINGS THAT WE DON'T USUALLY DEAL WITH BECAUSE OF THE HEIGHT AND THE BRIGHTNESS OF THE LIGHTS.

THAT IMPACT COULD POTENTIALLY IMPACT COMMUNITY CHARACTER, WHICH IS WHAT WE HAVE TO DECIDE AND SEEKER.

AND THAT'S THE QUESTION OF US DOING A SEEKER ON AN ENTIRE PROJECT WHEN WE ONLY HAVE A SITE PLAN ON PARTIAL PHASE.

SO WE WOULD WANT SOME INFORMATION.

ACTUALLY THEY GAVE US THE SITE PLAN FOR PART TWO AND AT THE PREVIOUS MEETING AND WE, IT DIDN'T INCLUDE THE LIGHTING.

IT DIDN'T INCLUDE THE LIGHTING BECAUSE THE QUESTION WAS ASKED ABOUT THE LIGHTS THAT WOULD NOT ANSWERED.

COMPUTER IS THE ENGINEER.

CAN YOU COME TO THE YES, DO, CAN YOU ANSWER ABOUT THE, DO YOU HAVE ANY ANSWERS ABOUT THE LIGHTING OR HAVE YOU DEVELOPED THE PLAN SO FAR? DO YOU KNOW WHERE THE LIGHTING IS GONNA BE? YES.

UH, AGAIN, NORM GARDNER WITH CPL, UM, IT WILL BE A FOUR POLE LIGHT SYSTEM.

THE POLES ARE 65 TO 70 FEET TALL.

THEY WILL BE LOCATED AT ROUGHLY THE 30 YARD LINE FOR THE FOOTBALL GUYS IN THE, IN THE CROWD, UM, ON EACH SIDE OF THE FIELD.

AND THEY ARE ALL DARK SKY COMPLIANT LIGHTS.

THEY'RE LED LIGHTS, THEY ARE FOCUSED.

UH, WE, WE DON'T WANT LIGHTS SPILLAGE OFF THE FIELD 'CAUSE WE'RE WASTING ENERGY IF WE DO THAT.

UM, SO ALL THE LIGHTS ARE FOCUSED SPECIFICALLY ON THE FIELD.

IT'S DESIGNED FOR VIDEO ANYWAY.

SO WE HAVE TO MAINTAIN A 30 FOOT CANDLE ON THE FIELD, BUT WE ALSO CAN MAINTAIN LESS THAN FIVE, A HUNDRED FEET, A HUNDRED FEET AWAY FROM THE FACILITY WITH THE, A TYPICAL LIGHTING SYSTEM THAT YOU'D HAVE ON THE LOCAL.

AND THESE AREN'T THE BUFFALO BUILT LIGHTS.

I WAS JUST GONNA SAY THIS IS NOT, UM, THIS IS, THIS IS NOT BUILT AND I'M LIGHTING IN ANY, BY ANY STRETCH OF THE IMAGINATION.

IT'S MORE WHAT YOU WOULD SEE AT ANY LOCAL HIGH SCHOOL.

AND THEY, THEY DON'T PROJECT OUT.

THEY, THEY'RE PROJECTING DOWN.

AND IN THE, THE LIGHTING IS DESIGNED TO FOCUS ALL OF THE LIGHT ENERGY ON THE FIELD ITSELF.

UM, AND MAKE SURE THAT, YOU KNOW, THE LIGHTS SPILLAGE OFF OF THAT.

IS IT, IT'S MAINTAINED NOT ONLY THE AREAS WITH TODAY'S TECHNOLOGY, WE CAN FOCUS LIGHTS TO VERY SPECIFIC SPOTS ON THE FIELD TO MAKE SURE THAT WE HAVE APPROPRIATE SAFETY LEVELS OF LIGHTING ON THE FIELD ITSELF AND NOTHING OFF THE FIELD.

SO TYPICALLY WE'VE GOT GET A PHOTOMETRIC ANALYSIS AND THAT WOULD BE SOMETHING THAT I WOULD THINK THAT YOU NEED TO SPEAK UP 'CAUSE THEY CAN'T HEAR.

I THINK THAT WE NEED A PHOTOMETRIC ANALYSIS.

THAT'S THE STANDARD THAT WE'VE USED OTHER PLACES.

AND IF YOU LOOK AT THE, THE LIGHTING AND THINGS FROM THE, FROM THE HIGH SCHOOL AND OTHER PLACES, THEY'RE FAIRLY VISIBLE FROM A DISTANCE.

SO I THINK THAT WE, I WOULD THINK TO HAVE A COMPLETE SECRET ANALYSIS TO MAKE A DECISION IF WE'RE INCLUDING BOTH PHASES THAT WE SHOULD HAVE THAT.

YEAH, THE PHOTOMETRIC PLAN IS A RELATIVELY STANDARD, UM, TASK FOR, UH, THIS, UM, FROM MY UNDERSTANDING, UM, WE WOULD BE ABLE TO PROVIDE THAT NO PROBLEM.

UM, I'M FAIRLY CONFIDENT THE RESULTS OF THAT WOULD BE THAT THE LIGHTS SPILL IS NOT OFF THE PROPERTY 11 TIMES.

WE HAVE A A HALF A FOOT CANDLE PROPERTY LINE REQUIREMENT.

UH, WE ARE, AS I SAID, 137 FEET AWAY FROM AND THE LIGHT POLES WILL ACTUALLY BE MORE THAN THAT 'CAUSE THEY'LL BE CLOSER TO THE FIELD.

SO I I MY QUESTION FOR YOU IS, WHEN, AT WHAT POINT OF THE PROJECT WOULD THE LIGHTS BE INSTALLED? PHASE TWO OF THE PROJECT WILL BE ONCE WE HAVE THE FUNDING AVAILABLE FOR THE, THE WHITE POLES AND FOR A BLEACHER SYSTEM THAT WE'LL BE LOOKING AT PUTTING ON THE CAMPUS SIDE OF THE, UH, THE TRACK.

BUT WE DON'T EVEN HAVE A DATE FOR THAT YET BECAUSE OF THE FUNDING.

THIS IS PO THIS IS PUBLIC FUNDING.

THIS IS, THE SCHOOL'S NOT PAYING FOR THIS.

YOU HAVE TO RAISE THE FUNDS IN ORDER TO MAKE THIS HAPPEN.

YES.

SO THE FIRST STAGE, WHICH DOESN'T HAVE LIGHTS, IF I UNDERSTAND CORRECTLY, THERE IS NO PROVISIONS FOR LIGHTING IN THIS STAGE AT ALL.

SO JOSH, HOW CAN WE MOVE FORWARD ON PHASE ONE? CAN WE TAKE OUT PART OF THE SEEKER AND I, I WOULD HAVE TO RECOMMEND THAT WE ASK FOR SOME ADDITIONAL LIGHTING JUST SO WE CAN COMPLETE, WE HAVE TO DO A PART TWO AND PART THREE ANYWAY.

UM, WITHOUT THAT LIGHTING, WE WOULDN'T BE ABLE TO ACCURATELY PUT THAT TOGETHER.

SO I THINK IT'S A GOOD ASK TO ASK FOR WHATEVER YOU WANT TO FINISH YOUR SECRET ANALYSIS, ASK FOR IT NOW, THEN THEY CAN COME BACK, UM, ON THE 21ST.

IF THEY'RE ABLE TO PROVIDE THAT INFORMATION FOR US, THEN.

SO WE HAD TO DO SEEKER ON THE ENTIRE PROJECT.

WE DIDN'T SEGMENT IT, WE PHASE ONE.

OKAY.

DO YOU HAVE, DO YOU HAVE ACCESS TO THAT REPORT THAT YOU WOULD HAVE IT DONE BY THE 21ST? WELL, WE WOULD DEFINITELY BE ABLE TO PROVIDE IT WITHIN A WEEK.

SO THEN HOW DOES THE BOARD, ANY OTHER COMMENTS FROM THE BOARD AT THIS POINT? IS THERE ANYTHING ELSE THAT YOU WANT TO ASK OF HIM TO HELP COMPLETE YOUR SECRET ANALYSIS? BESIDES LIGHTING, IS THERE ANY OTHER IMPACT THAT YOU THINK, CAN YOU PULL UP THE PHASE TWO PLAN? AGAIN, I WAS ONLY FOCUSED ON THIS PHASE ONE PLAN THAT HADN'T OCCURRED TO ME

[00:45:01]

THAT WE NEEDED TO THINK ABOUT THE ASK FOR SEEKER RELATIVE TO THE, THE OTHER PLAN THAT'S ON.

WE CAN PULL IT HIMSELF.

I HAVE THAT, SORRY.

HARD WITH THE INTERNET NOT WORKING OR I WOULD'VE, THIS IS THE PHASE ONE PLAN, WHICH IS PRETTY MUCH BUILDING THE FIELD ITSELF AND THE TRACKS.

ONE SECOND.

MAYBE WHILE THEY'RE DOING THAT, DO YOU MIND REMINDING US WHAT, WHAT'S INCLUDED IN PHASE TWO? PHASE TWO IS A BLEACHER SYSTEM AND A PRESS BOX.

PHASE TWO IS A BLEACHER SYSTEM AND A PRESS BOX.

UM, THAT WILL BE INSTALLED ON THE WEST SIDE OF THE, THE FIELD BETWEEN THE FIELD AND THE CAMPUS.

UH, IT WILL ALSO INVOLVE, UH, LIGHTING SYSTEM.

IS THERE ANY AMP UH, SO WILL YOU BE ADDING AS PART OF PHASE TWO, LIKE AMPLIFIED SPEAKERS? THERE WILL BE A SCOREBOARD WITH A SPEAKER SYSTEM ON IT.

THE SPEAKERS, IT ACTUALLY IN PHASE ONE WILL BE THE, THE SPEAKER SYSTEM, UM, WHICH IS MOUNTED ON THE SCOREBOARD ITSELF.

THE SCOREBOARD IS IN THE SOUTHEAST CORNER OF THE TRACK, UH, WHICH ALLOWS IT PROJECTING THE SOUND TOWARD THE CAMPUS AND NOT TOWARD ANY RESIDENTIAL TO THE EAST, UH, OR YEAH, EAST OR SOUTH.

JOSH, DO YOU HAVE ALL THE INFORMATION YOU NEED ON NOISE LEVELS AND DECIBELS OR ANY ANALYSIS THERE IN TERMS OF THE ADDITIONAL, UH, PROJECTED NOISE? UM, WE WILL TAKE, DO YOU HAVE THAT INFORMATION AVAILABLE? WE WILL HAVE A SOUND SYSTEM WITH THE SCOREBOARD, YES.

OKAY.

UH, YEAH, IF WE SEND IT TO THE DEFENDANT DEPARTMENT, WE WILL MAKE SURE IT'S A PART OF THE SECRET ANALYSIS INTERVIEW.

I THINK, UH, WE, WE DON'T DICTATE RIGHT HOURS OF OPERATION, BUT I GUESS IF YOU COULD COMMENT BACK TO HIM JUST WHAT THE TYPICAL HOURS WOULD BE FOR USING THAT NOISE SO THAT WE CAN JUST PUT IT IN THE ANALYSIS AND WE HAVE IT DOCUMENTED.

DO YOU WANT ME TO ANSWER THAT QUESTION NOW? CERTAINLY.

COME ON OVER AND PLEASE RESTATE YOUR NAME FOR THE RECORD.

TIM SILE AT BUTTOCK DIRECTOR AT HILBERT COLLEGE.

UH, NORMALLY OUR UH, HOURS OF OPERATION WOULD BE ANYWHERE FROM 7:00 AM TO ABOUT DAY THE END OF DAYLIGHT.

SO, UH, DEPENDING ON THE TIME OF YEAR, IF YOU'RE IN THE FALL, UM, SEMESTER, YOU, WE WOULD PROBABLY GO TILL ABOUT SIX 30 OR SEVEN O'CLOCK.

THEN IN THE SPRING, AS THE SPRING SEMESTER GOES ON, WE'D BE GOING, UM, AS DAYLIGHT PERMITS TO PROBABLY ABOUT SIX OR SEVEN 30 AT NIGHT.

SO THEY WOULD BE FOR PHASE ONE FOR THE TRACK, CORRECT? CORRECT.

AND THEN WHAT ABOUT, AGAIN, WE'RE A LONG WAY OFF FROM THE FOOTBALL FIELD BECAUSE OF THE FUNDRAISING, BUT WHAT, WHAT HOURS FOR THE, FOR FOOTBALL? FOR FOOTBALL, UH, LIGHTING WISE, WE COULD, WE WOULD USE IT PROBABLY AS EARLY AS SIX 30 IN THE MORNING ALL THE WAY UNTIL, UM, 10 O'CLOCK AT NIGHT IF, IF WE COULD USE IT OR IF THE TOWN WAS USING IT, DEPENDING ON, UM, THE AVAILABILITY ON CERTAIN DAYS IF WE WERE RENTING IT OUT OR DIFFERENT THINGS LIKE THAT.

SO IN THE FUTURE, THE, THE, THE, UM, FOOTBALL FIELD COULD ACTUALLY BE RENTED TO OTHER CORRECT.

FOR OTHER, UM, GAMES? YES, CORRECT.

IT WOULD DEPEND ON THE TIME OF YEAR.

THE FIRST PRIORITY WOULD OBVIOUSLY BE TO, TO UTILIZE IT FOR OUR TEAMS. BUT THE, THE SECOND PRIORITY, UH, THEN WOULD BE TO USE IT FOR OUTSIDE, WHETHER IT'S THE TOWN OF HAMBURG OR THE VILLAGE OF HAMBURGERS INQUIRE AND THEY'VE USED OUR FACILITIES IN THE PAST.

SO IT WOULD JUST ALL DEPEND ON, ON THE TIME OF YEAR.

UM, BUT WE COULD ALSO PUT RESTRICTIONS ON FOR THE SOUND, UM, DIFFERENT THINGS LIKE THAT.

WE'VE, WE'VE PUT RESTRICTIONS IN THE PAST, UM, ON OUR, ON OUR COACHES ABOUT USING WHISTLES OUTSIDE AT CERTAIN TIMES.

SO THAT, THAT IS SOMETHING WE WOULD BE OPEN TO DOING IF, IF NEEDED AS WELL.

IN TERMS OF SOUND PROJECTION, IF THAT'S SOMETHING YOU WANTED US TO DO, IT IS FOR THE RECORD.

WOULD THE, UM, FIELD OR TRACK BE USED DURING THE WINTER MONTHS? LIKE SAY FOOTBALL SEASON ENDS IN NO NOVEMBER.

YEP.

SO FROM NOVEMBER TO WHEN WOULD THE FIELD NOT BE IN USE? WELL, UH, A DAY LIKE TODAY WE WOULD'VE BEEN ON THE FIELD IF I'M BEING HONEST WITH YOU, BUT IF THREE WEEKS AGO WE WOULDN'T HAVE BEEN ON THE FIELD BASED ON WHICH YOU WOULDN'T HAVE HAD A, YOU WOULDN'T HAVE HAD A GAME WITH THE LIGHTS AND THE SPEAKERS, CORRECT? YEAH.

SO GAME-WISE WE WOULD ONLY BE PLAYING, UM, BETWEEN LATE FEBRUARY AND THEN, UM, THE END OF NOVEMBER.

OKAY.

THANK YOU.

DID WE FIND IT, DO WE GET PHASE TWO UP THERE? THAT'S PHASE TWO.

BETTER THAN HAVING JEOPARDY MUSIC PLAY.

OKAY.

SO CAN YOU HELP US OUT WITH PHASE TWO HERE? YES.

IN, IN PHASE TWO, UH, WE WILL BE LOOKING AT DOING A SMALL POCKET PARKING LOT.

UM, WE HAVEN'T DETERMINED THE SIZE, WE DON'T, WE DO KNOW WE HAVE SPACE FOR MAYBE 25, 30 CARS, UM, IN THAT AREA.

WE ALSO WILL BE LOOKING AT A, A SMALL BLEACHER SYSTEM WITH A PRESS BOX, POTENTIALLY ANOTHER ATHLETIC BUILDING, UH, CONCESSION SLASH RESTROOM BUILDING.

UM, AND, AND THEN, UH, ADDING IN FIELD LIGHTING, UH, WITH THE SOUND IS THE QUESTION ON THE SOUND, JUST SO WE CAN ADD THIS

[00:50:01]

TO, AND WE'LL PUT THAT IN OUR SOUND ASSESSMENT.

THE SCOREBOARD WILL BE LOCATED, UH, IN THE BOTTOM LEFT CORNER OF THE FACILITY.

AND AS WITH LIGHTS, THE SOUND PROJECTION OFF THE SCOREBOARD WILL BE, IS VERY SPECIFIC, UH, OUT OF PEOPLE OF, YOU KNOW, COME UP WITH SOME PRETTY GOOD IDEAS TO MAKE SURE THAT THE SOUND IS FOCUSED ON THE FIELD.

AND ACTUALLY, IF IT EXPANDS BEYOND THE FIELD, IT'LL GO ACTUALLY INTO THE CAMPUS AREA AND AND PROJECT ACROSS FROM THE BOTTOM LEFT CORNER UP TO THE TOP RIGHT CORNER OF THE PAGE INTO THE CAMPUS.

UH, IT IS NOT THE, THE SOUND IS VERY DIRECTIONAL ALSO, UH, MUCH LIKE ME TURNING AROUND AND OR TURNING THIS WAY, UM, IT'S PROJECTED IN A CERTAIN DIRECTION AND THAT'S WHY WE'VE SET THE SCOREBOARD WHERE WE, WE WE HAVE IT SO THAT THE SOUND IS PROJECTED AT THE COLLEGE.

ANY OTHER QUESTIONS? OKAY, SO IT, I'M SORRY.

SO DO WE THINK IT WAS, IT WAS PRETTY CAMMY, DO WE HAVE ANYTHING TO TALK ABOUT WITH THE PARKING LOT AND STORMWATER AND RUNOFF? LIKE, WOULD THAT BE PART OF THIS CONVERSATION NOW? DO WE NEED ANY INFORMATION BECAUSE IT'S SEEKER, BUT THE PARKING LOT'S NOT COMING TILL THE LATEST? OR IS IT TOO SMALL? SO I, I GUESS THE QUESTION, WHAT'S YOUR TOTAL AREA OF DISTURBANCE WITH THE PHASE ONE, UH, AREA WILL BE THE, PRETTY MUCH THE MAXIMUM LEVEL.

WE HAVE ABOUT 4.9 ACRES OF, UH, AREA THAT WE'RE GOING TO BE DISTURBING.

UM, WE'LL BE ADDING THE IMPERVIOUS SURFACE WITH THE PARKING LOT, BUT THE AREA OF DISTURBANCE WILL BE ALREADY DISTURBED.

IT'LL JUST BE IN GRASS.

SO WE WILL BE ADDING THAT AS IMPERVIOUS SURFACE.

SO WHEN YOU DO YOUR DRAINAGE AND YOUR STORMWATER PLAN, WILL YOU CONSIDER YOUR FULL BASE TWO SO THAT YOU HAVE ENOUGH STORAGE AND EVERYTHING? YES.

WE'RE, WE'RE DOING THE STORMWATER MANAGEMENT PLAN FOR THAT REASON.

SO IN, IN, UH, STORMWATER REGULATIONS SIMILAR TO SEEKER, YOU'RE NOT ALLOWED TO SEGMENT THE PROJECT MM-HMM .

SO, UH, YOU COULDN'T TRY TO GO UNDER BY ONLY DOING PHASE ONE TO STAY UNDER ANY OF THE LIMITS.

SO IN THIS CASE, IT'S A FULL PROJECT.

THEY HAVE TO DO THE STATE REQUIREMENTS, THEY HAVE TO DO THE STORMWATER PLAN AND EVERYTHING WILL BE COVERED DURING MY REVIEW FOR ENGINEERING.

GREAT.

THANK YOU FOR CLARIFYING.

ANYTHING ELSE? SO WE'RE GONNA HAVE TO TABLE THIS YEP.

UNTIL THE 21ST THIS NEXT AVAILABLE.

OKAY.

SO CAN YOU, I MEAN, WE INDICATED WHAT IT IS THAT WE NEED BEFORE THEN, IF YOU COULD SUBMIT THE LIGHTING REPORTS AND THE NOISE REVIEW BEFORE THE 21ST TO THE PLANNING DEPARTMENT, SO WE HAVE TIME TO REVIEW WHAT IS ALL AS WELL, THEN WE'LL SEE YOU BACK ON THE 21ST.

THANK YOU.

THANK YOU.

OKAY.

THANK YOU GENTLEMEN.

WELL, YOU, YOU HAVE TO DO A MOTION.

I'M SORRY.

ALL THOSE IN FAVOR OF SORRY ABOUT THAT.

ALL THOSE IN FAVOR OF, UH, NOT A, I'M SORRY.

NOT A VOTE.

SOMEBODY, SOMEBODY NEEDS TO MAKE A MOTION TO.

I'LL MAKE A MOTION TO TAKE A MOTION TO 20.

YOU WANNA SECOND? SECOND.

SO MOTION MADE BY, UM, DENNIS CHAPMAN, SECOND BY DAN ZW TO, UM, POSTPONE THIS MEETING, TO POSTPONE THIS CASE UNTIL THE 21ST OF FEBRUARY.

OKAY.

AND WE'LL SEE THEM THEN.

OKAY.

ALL IN FAVOR? I.

ANY OPPOSED? I NOW GOOD NIGHT.

NO OPPOSED.

NO OPPOSED.

ALL SET.

OKAY, THANK YOU.

OKAY, OUR NEXT CASE, UM, IS PAM CROSSING, REQUESTING A PLANNING BOARD APPROVAL WITH A SPECIAL USE PERMIT AND SITE PLAN APPROVAL OF AN 802,554 SQUARE FOOT FIVE BUILDING WAREHOUSE PARK TO BE LOCATED AT 5 2 2 0 CAMP ROAD.

THIS IS A PUBLIC HEARING AS WELL.

AND PETITIONER, YOU DID YOUR PRESENTATION.

DO YOU HAVE ANYTHING ADDITIONAL? NO, I HAVE A LOT OF NEIGHBORS HERE, SO I WOULD BE, I'D LIKE TO DO THE PRESENTATION SINCE THEY HAVEN'T HEARD IT.

OKAY.

I KNOW THEY JUST SEE ME A NUMBER OF TIMES, BUT, UM, I'M GONNA ASK, I WILL SPEAK UP AND YOU'RE ON IT.

IF I CAN, I WILL TURN THIS A YES AND THEY HELP THEM SO THEIR BACK IS NOT TOO EASY.

THAT'S FINE.

DON'T WORRY.

I CAN HEAR YOU JUST FINE.

SO DON'T, I'VE SEEN IT BEFORE AND I FEED IT.

SO I JUST HAD ONE COMMENT.

YOU HAD MENTIONED THAT YOU'VE BEEN MEETING WITH THE RESIDENTS NUMEROUS TIMES.

I HAVE.

SO WHAT IS IT YOU'RE GONNA COVER NOW THAT YOU NOT NOT THESE RESIDENTS.

I DON'T KNOW.

I, I MET WITH ALL THE ABUTTING RE I I SET UP MEETINGS.

I HAD ONE MEETING WHERE I INVITED EVERYBODY.

THEN I MET WITH THE ABUTTING RESIDENTS AND WORKED OUT AN AGREEMENT WITH, WITH THE MAJORITY OF THE RESIDENTS THAT BOUGHT THE PROPERTY.

I DON'T KNOW WHO ALL THESE PEOPLE ARE.

UM, I'M GONNA PRESENT THE PROJECT SO THEY COULD HEAR IT.

I THINK IT'S, UM, BEFORE, I MEAN, IT'S ONLY FAIR TO THEM.

THEY DON'T KNOW ABOUT ALL THE CHANGES.

THEY DON'T HAVE BUFFERS.

WE INCREASED AND, AND THOSE CHANGES.

[00:55:01]

SO I THINK IT'S THAT'S FINE.

THAT'S FINE.

GO AHEAD.

YEP.

I KNOW THE BOARD IS FAMILIAR WITH THIS PROPERTY.

NEXT SLIDE PLEASE.

UM, IT IS ON THE WEST SIDE OF CAMP ROAD.

IT IS IN THE BLUE OUTLINE WITH THE ARROW.

IT IS 70 0 9 0.93 ACRES.

IT'S ZONED C TWO GENERAL COMMERCIAL, THAT'S 67 ACRES THAT'S IN NEW RED AND RA RESIDENTIAL AGRICULTURAL IN THE 12 ACRES.

THERE'S A CONSERVATION EASEMENT OF 17.4 ACRES ON THE SITE.

THAT WAS DONE WE'LL TALK ABOUT IN A MINUTE.

UM, AROUND THE PROPERTY TO THE WEST IS R TWO SINGLE FAMILY ZONING TO THE EAST IS C TWO.

GENERAL COMMERCIAL TO THE SOUTH IS THE NEW YORK STATE THROUGHWAY AND TO THE NORTH IS M TWO, RIGHT INDUSTRIAL AND C TWO GENERAL COMMERCIAL.

NEXT SLIDE PLEASE.

UM, IN 2009 WE WENT IN TO GET THE, THIS PROPERTY REZONED TO C TWO AND WE PROPOSED A 652,000 PLUS OR MINUS SQUARE FOOT DEVELOPMENT WITH TWO HOTELS AT ABOUT 40,000 SQUARE FEET EACH.

SO THAT WAS ANOTHER 80,000 SQUARE FEET.

SO YOU'RE LOOKING AT THE RANGE OF ABOUT A 750,000 SQUARE FOOT DEVELOPMENT ON JUNE 22ND, 2009 AFTER A FULL SEE REVIEW IN TOWN MOORE, INCLUDING AN E-I-S-D-E-I-S AND FEIS AND SECRET FINDINGS, THE TOWN BOARD REZO THIS PROPERTY TO C TWO.

UM, AS PART OF THOSE SECRET FINDINGS AND THOSE REPORTS, THERE WERE CIVIL ENGINEERING PLANS, A SWIFT, AN ENGINEERS REPORT, A TRAFFIC IMPACT STUDY, A NOISE STUDY, A WETLAND STUDY, AN GENERIC QUALITY ASSESSMENT.

AS PART OF THAT PROJECT, WE DID PUT A CONSERVATION EASEMENT IN PLACE THAT IS SHOWN IN GREEN.

UM, AND THAT IS A HUNDRED FEET ALONG, UM, THE BOTTOM OF THE SITE.

AND THEN 150 FEET ALONG WHAT WOULD BE, UM, THE LEFT SIDE OF THE SITE BEHIND THE BUILDINGS.

ALL THE LOADING DOCKS FOR THIS PROJECT FACED THE NEIGHBORS.

UM, WE DID NOT END UP GETTING SITE PLAN APPROVAL BECAUSE AT THAT TIME THE RECESSION OCCURRED AND WE PULLED THE PROJECT, BUT WE DID GET A SEEKER FINDING STATEMENT, UM, CLAIMING THAT THIS PROJECT REDUCED THE ADVERSE ENVIRONMENTAL IMPACTS.

NEXT SLIDE PLEASE.

UM, FAST FORWARD TO FEBRUARY, 2023.

THAT WAS A YEAR AGO.

UM, WE SUBMITTED A NEW PROJECT WE ACTUALLY SUBMITTED IN JANUARY, BUT WE SHOWED UP HERE IN FEBRUARY.

UM, AND WE DID SUBMIT A LETTER IN SUPPORT OF THAT PROJECT.

IT DATED JANUARY 30TH, 2023.

AND I'M GONNA INCORPORATE THAT INTO THIS PRESENTATION.

THIS DEVELOPMENT HAS CHANGED AND IT IS A CAMPUS TYPE, UM, BUSINESS PARK IS HOW WE IN TREAT THESE.

IT'S 800, 2000 SQUARE FEET PLUS OR MINUS AND FIVE BUILDINGS.

UM, IT'S GONNA BE, UM, TWO FRONT BUILDINGS AND TWO BACK BUILDINGS.

THE TWO FRONT BUILDINGS ARE SMALLER.

YOU CAN SEE BUILDING A IS 308,000 SQUARE FEET.

THAT'S THE ONE AGAINST THE THROUGHWAY.

THEN BUILDING B IS 159,000 SQUARE FEET.

BUILDING C IS 108, BUILDING B IS 120 AND BUILDING F IS 108.

THOSE ARE THE TWO FRONT BUILDINGS, 108 BUILDINGS.

UM, THE PROJECT IS WHAT WE CALL IS FLEX SPACE.

THE BUILDINGS WILL BE A MIX OF OFFICE AND WAREHOUSE.

TYPICALLY BETWEEN 10 TO 20% OF THIS PROJECT IS OFFICE SPACE.

UM, WE DO PROPOSE TWO ACCESS POINTS.

THOSE ARE CONSISTENT WITH THE ACCESS POINTS FROM THE PRIOR APPROVAL.

THAT'S COMMERCE BOULEVARD.

AND UM, THE NEW ACCESS SIGNALED UP ON CAMP ROAD.

WE UTILIZED THE SE IN 2023 IN FEBRUARY.

WE UTILIZED THE 17.4 ACRE CONSERVATION EASEMENT AS THE BUFFER.

SO WE DID NOT INCREASE THE BUFFER.

SO IT WAS A HUNDRED FEET AND 150 FEET.

AND WE DESIGNED THIS.

SO IT'S DIFFERENT THAN THE LAST PROJECT.

WE CREATED A CAMPUS WHERE WE FACED ALL THE LOADING DOCKS IN AND ALL THE, UM, NICE EXTERIOR OF THE BUILDINGS OUT.

UM, THAT IN EFFECT PUT ALL THE NOISE IN THE MIDDLE OF THE SITE SO THERE'D BE NO NOISE FACING ANY OF THE NEIGHBORS, ALL THE LIGHTING.

AND WE DID SUBMIT A PHOTOMETRIC PLAN IS DARK SKY COMPLIANT.

AND THE PROJECT WAS DESIGNED BELOW ALL THE ENVIRONMENTAL THRESHOLDS SET BY THE 2009 SECRET FINDING STATEMENT.

AND WE'LL GO THROUGH THAT IN A LITTLE BIT.

NEXT SLIDE PLEASE.

SO FAST FORWARD, YOU ASKED ABOUT THE NEIGHBORS.

UM, THE SITE HERE IS THAT SHADED AREA AND WE WORKED WITH ALL THE ABUTTING NEIGHBORS OF THE PROPERTY.

SO WE HAD A, UM, A GENTLEMAN WHO PUT TOGETHER THOSE NEIGHBORS.

HE SET UP THE MEETINGS WITH ME AND WE MET WITH THEM OVER A YEAR, UM, WORKING BACK AND FORTH WITH THEM.

I MUST HAVE HAD FIVE MEETINGS.

UM, OF THAT WE, UM, IT SAYS SIX MONTHS, BUT ACTUALLY IT'S BEEN LONGER.

UM, BASED ON THOSE MEETINGS, WE REVISED THE PLAN AND WE, I PROVIDED THE BOARD WITH A SIGNED WRITTEN AGREEMENT THAT WE HAD WITH 13 OF THE 17 ABUTTING NEIGHBORS.

SO THERE ARE 17 PROPERTIES, THATBUT THIS 13 OF THEM HAVE SIGNED.

THERE'S THE 14TH ONE THAT SAYS THEY'LL SIGN.

I JUST CAN'T SEEM TO MEET THEM AT THE TIME THEY'RE GONNA BE SIGNING, BUT SO I, UH, 14 OF THE 13TH, 14TH OF THE 17 ARE REALLY IN CONFORMANCE WITH WHAT WE'VE COME TO.

NEXT SLIDE PLEASE.

SO WE MADE A LOT OF CHANGES TO THE SITE.

WE LEFT THE 17 POINT ACRE, 17.4 ACRE CONSERVATION EASEMENT.

WE IMPROVED THE SETBACKS, RIGHT? SO WE ARE ONLY AT 150 FEET BEFORE ON THE WESTERN PROPERTY LINE.

THAT'S, UM, UP AND DOWN.

[01:00:01]

WE HAVE THE 150 FOOT CONSERVATION EASEMENT.

WE ADDED A 225 FOOT BUFFER.

SO WE INCREASED THAT FROM THE CURB LINE TO THE PARKING LOT.

WE THEN THE SETBACK TO THE, TO THE FRONT OF THE BUILDING IS 300 FEET AND THE SETBACK TO THE CLOSEST LOADING DOCK IS 500 FEET.

SO THE CLOSEST LOADING DOCK SET BEHIND THE BUILDINGS IS 500 FEET AWAY.

UM, THE BUILDINGS ARE IN EXCESS OF THREE FIVE FEET TALL.

SO THEY IN EFFECT CREATE A SOUND WALL FOR THAT PROJECT ON THE NORTHERN PROPERTY LINE THAT'S ALONG THE BOTTOM, THE BUILDING THAT FACES THE THROUGHWAY.

UM, WE LEFT A HUNDRED FOR CONSERVATION EASEMENT THAT IS UNTOUCHED.

WE ADDED A 200 FOOT BUFFER FROM THE PROPERTY LINE TO THE PARKING LOT, 275 FRONT THE BUILDING AND 575 FEET TO THE LOADING DOCKS, WHICH FACED THE THROUGHWAY.

WE ALSO, UM, ALONG THE WESTERN PROPERTY LINE THERE AREA ON THE TOP THAT IS NOT FILLED IN.

UM, BUT WE AGREED TO FILL THAT IN INTO CONSERVATION EASEMENT BY WE PLANNING IT.

UM, WE APPROVED THE BUFFERING, NO VEGETATION WILL REMOVED IN THE CONSERVATION EASEMENT THAT WAS ALREADY IN THE AGREEMENT.

WE'RE GONNA INFILL THE CONSERVATION EASEMENT IN THE NORTHWEST CORNER WITH NO LESS THAN 25 CONIFERS AND 20 DECIDUOUS TREES.

IF YOU GO BACK THERE CURRENTLY, IT'S A MIX OF CONCRETE AND ASPHALT THAT KIND OF GOT LEFT FROM A PRIOR PROJECT BEFORE US.

UM, WE'RE ADDING NO LESS THAN 105 CONIFERS AND 50 DEED TREES ALL ALONG THE BOUNDARIES FROM THE CONATION EASEMENT TO THE PARKING LOT.

WE'RE INSTALLING A FOUR FOOT HIGH BURN WITH AN EIGHT FOOT HIGH SOLID WOOD FENCE LOCATED IN THE TOP OF THE BERM WITH THE BERM TO START ALONG THE WESTERN AND NORTHERN PARTS OF THE PROJECT.

SO IT'S GONNA START FROM THE PARKING LOT AND THAT BERMS GONNA GO OVER.

SO AFTER YOU, IF YOU'RE THE NEIGHBORS, YOU'RE GONNA HAVE THE CONSERVATION EASEMENT, YOU'RE GONNA HAVE THE PLANTINGS, YOU'RE GONNA HAVE THE BERM, THEN YOU'RE GONNA HAVE THE FENCE BEFORE YOU GET TO THE PARKING LOT.

NEXT SLIDE PLEASE.

WE ALSO, UM, ALL THE PARKING LOT LIGHTS, UM, BETWEEN THE BUILDINGS AND RESIDENTIAL DEVELOPMENT WILL NOT EXCEED 30 FEET IN HEIGHT.

ALL THE LIGHTS WILL BE DARK SKY COMPLIANT FIXTURES.

ALL THE LIGHTS THAT INSTALLED ON THE RESIDENTIAL PROPERTY LINES WILL HAVE DARK SIDE, UM, BACKSIDE SHIELDS.

AND ALL THE BUILDINGS FACING RESIDENTIAL DEVELOPMENTS WILL NOT HAVE DECORATIVE ARCHITECTURAL OR UPWIRING.

SO THEY WILL NOT BE VISIBLE.

THEY'LL BE DARK AT NIGHT.

UM, THE BUILDING DESIGN, THE FRONT OF THE BUILDINGS FACE THE FACE THE BUFFER AREA.

SO YOU WON'T BE LOOKING AT LOADING DOCKS AND YOU'LL NOT HAVE THAT NOISE.

UM, NO LOADING DOCKS FACE.

THE RESIDENTIAL NEIGHBORS, THE FRONT OF THE BUILDINGS THAT FACE THE THROUGHWAY, UM, THE THROUGHWAY VAN CAMP ROAD AND NO LOADING DOCKS, SPACE CAMP ROAD.

UM, THE TRUCK ROUTES AVOID THE RESIDENTIAL PROPERTY LINES.

SO WHEN YOU COME OFF THE MAIN AND THE SCREEN POINT DOESN'T WORK ON THAT SCREEN, I'LL STEP UP FOR A SECOND.

WE DESIGNED THE PROJECT SO TRUCKS CANNOT BE BACK NEAR ANY OF THE RESIDENTIAL NEIGHBORS.

TRUCKS WILL COME IN, THEY'LL GO ACROSS THE FRONT OF THE SITE TO THE BACK TO GET TO THIS WAREHOUSE, OR THEY'LL COME IN HERE, COME BACK IN AND COME BACK OUT.

SO IT KEEPS THE, THE TRUCK TRAFFIC MORE THAN 500 FEET AWAY FOR MANY OF BUDDING RESIDENTIAL NEIGHBOR AND BEHIND THE BUILDINGS.

UM, AND WE AGREED AS PART OF THE AGREEMENT, THESE ARE ALL THINGS WE AGREED TO.

WE AGREED THAT ALL THE BUILDINGS WOULD BE EARTH TO COLORS SO THEY WOULD NOT BE BRIGHT OR INVISIBLE.

NEXT SLIDE PLEASE.

UM, WE THEN UPDATED ALL AND WE ARE IN THE PROCESS BEFORE WE MOVE ON BACK ONE SLIDE PLEASE.

WE'RE IN THE PROCESS OF UPDATING OUR CIVIL SITE PLANS.

IT'S A BIG UPDATE SINCE THESE ARE ALLOWED CHANGES.

AND WE WILL SUBMIT THAT, UM, AFTER THIS MEETING.

OUR ENGINEERS WORKING ON THAT.

NOW, WE THEN UPDATED ALL THE 2009 SEEKER STUDIES.

SO EVERY STUDY THAT THE TOWN ASKED FOR 2009, WE HAD REDONE THAT INCLUDES CIVIL ENGINEERING PLANS, A SWIFT ENGINEERING REPORT, TRAFFIC IMPACT STUDY, NOISE STUDY PREPARED BY OR AURORA ACOUSTICAL WETLAND AND WATER BODIES DELINEATION.

AND A NOVEMBER 23 SUPPLEMENT BECAUSE, UM, TWO YEARS AGO THE SUPREME COURT CHANGED THE LAW WITH RESPECT TO JURISDICTIONAL WETLANDS.

AND THIS SITE DOES NOT CONTAIN ANY JURISDICTIONAL WETLANDS AT THIS POINT.

AND WE DID AN AIR QUALITY ANALYSIS PREPARED BY TY LYNN.

AGAIN, THOSE ARE ALL THE REPORTS YOU ASKED FOR IN 2009.

YOU GOT THEM ALL AGAIN.

UM, THE 2009 SECRET FINDINGS AT THAT POINT, UM, SAID THAT THE PROJECT WAS CONSISTENT WITH THE SOCIAL, ECONOMIC AND OTHER ESSENTIAL CONSIDERATIONS FROM AMONG REASONABLE ALTERNATIVES AVAILABLE AND THAT WE MINIMIZE THE SIGNIFICANT ADVERSE IMPACTS.

ALRIGHT, THAT'S THE SUMMARY INVASIVE RATE.

THE 2023 PROJECT MAINTAINS ALL THE PREVIOUSLY APPROVED MITIGATION MEASURES AND THE STUDIES DEMONSTRATE THAT THE IMPACTS ARE EITHER THE SAME OR BELOW 2009.

AND I WILL HAND THIS OUT AGAIN, I DID GIVE THE BOLD THIS BINDER.

I'M NOT GONNA GIVE YOU THE BINDER AGAIN.

ALL RIGHT.

BUT I DID GIVE AN ANALYSIS PREPARED BY OUR ENGINEER, WHICH WENT THROUGH ALL THE STUDIES IN THE BINDER AND COMPARED THEM FROM NOW BETWEEN THE TWO 2023 PROJECT, THE 2009 PROJECT.

SO WE DID DO THAT ANALYSIS.

I KNOW THE GO CONSULTANT FOR ONE TOO, AND I BELIEVE YOUR CONSULTANT ALSO LOOKED AT THAT.

NEXT SLIDE, PLEASE.

[01:05:01]

UM, I UNDERSTAND THAT THIS COULD, THIS PROPERTY COULD BE THE SUBJECT OF A REZONE, ALL RIGHT? IT IS CURRENTLY NOT REZONED.

AND THE, AND THE PROJECT IS CODE COMPLIANCE.

IT REQUIRES ONE SPECIAL USE PERMIT FOR BUILDINGS OVER A HUNDRED THOUSAND SQUARE FEET, RIGHT? THAT SPECIAL USED PERMIT IS ACTUALLY A BENEFIT IN THIS CASE BECAUSE WE COULD HAVE SEVEN BUILDINGS AT A HUNDRED THOUSAND SQUARE FEET, WHICH WOULD HAVE A LOT MORE LOADING DOCKS VISIBLE.

AND BY HAVING FIVE BUILDINGS WITH THE DOCKS SPACE IN AND ONE PHASE THROUGHWAY, WE'VE ACTUALLY MINIMIZED THOSE IMPACTS.

SO THAT'S THE ONLY SPECIAL PERMIT WE NEED.

UM, THE EXISTING ZONING IS TO THE, TO THE LEFT AND PROPOSED ZONING IS TO THE RIGHT.

I WENT THROUGH YOUR CODE.

BOTH USES ARE PERMITTED.

OFFICE IS PERMITTED, ASSOCIATED.

OH, OFFICE IS PERMITTED AND WAREHOUSE IS PERMITTED.

ASSOCIATED WITH OFFICE.

THAT'S WHAT THIS PROJECT IS.

UM, FRONT YARDS, WE'RE REQUIRING HALF A 40 UNDER BOTH SCENARIOS.

WE PROVIDE 54.29 SIDE YARD OF BUN RESIDENTIAL, RIGHT? WE'RE REQUIRED TO HAVE 20.

UM, UNDER THE NEW ZONING, YOU'RE REQUIRED TO HAVE 50.

WE'RE AT 275 FEET.

SO WE ARE, WE ARE FIVE TIMES MORE THAN FIVE TIMES THAT YOU SET BACK UNDER YOUR, UNDER YOUR NEW PROPOSAL LANDSCAPE.

UM, REAR YARD, YOU ARE A BUDDYING RESIDENTIAL IN YOUR CURRENT CODE IS 20 FEET.

UM, YOUR NEW CODE IS 50 FEET.

WE'RE 300 FEET, WE'RE SIX TIMES YOUR CODE REQUIREMENT ON YOUR, IF YOU ADOPT YOUR NEW ZONING.

SO THE USES ARE PERMITTED AND WE VASTLY EXCEED ALL YOUR BUFFER REQUIREMENTS.

UM, AS FAR AS LANDSCAPING, WE EXTREMELY EXCEED LANDSCAPING.

WE'RE WELL ABOVE 5% AND 15% INTERIOR.

IN FACT, WITH THE WAY THE SITES ARE DESIGNED, THERE'S MORE GREEN SPACE WITH THIS PROJECT THAN THERE WAS WITH THE PRIOR PROJECT TO THE NEIGHBORS.

UM, WE USE SCREEN FROM RESIDENTIAL.

AS I WALK THROUGH.

THERE'S A SIGNIFICANT SCREENING IN THE, IN THE 225 FEET BETWEEN THIS PROJECT AND RESIDENTIAL NEIGHBORS.

UM, YOU REQUIRE TREE LINE ENTRANCE.

WE HAVE THAT.

AND YEAH, AS YOU CAN SEE, WE'RE OVER FIVE POINTS, 8% INTERIOR AND 40% EXTERIOR GREEN SPACE.

UM, SO THAT IS VASTLY ABOVE THE FIVE AND 15% YOU REQUIRE.

NEXT SLIDE PLEASE.

UM, I KNOW THERE WAS A QUESTION ABOUT THE HAMBURG GATEWAY REVIS PROJECT.

UM, WE DID REVIEW THAT, THAT WAS ADOPTED IN 2022, I BELIEVE, AND FIGURE 45 AND FIGURE 4 57 ARE ON THIS SLIDE.

AND AS YOU CAN SEE, OUR PROJECT IS ACTUALLY NOT IN THAT STUDY AREA.

ALRIGHT? WE ARE, WE ARE OUTSIDE THAT STUDY.

UM, THIS WILL, THAT DOES INCORPORATE THE THROUGHWAY AUTHORITY PROPERTY.

WE DON'T OWN THAT.

UM, WE'RE CURRENTLY NOT BUYING IT.

AND THIS PROJECT IN NO WAY, UM, IMPACTS THE ABILITY TO DEVELOP THAT CONSISTENT WITH THIS STUDY.

IN FACT, I WOULD BELIEVE THAT THE, THE FIGURE TO THE LEFT, WHICH SHOWS THE, UM, DRIVEWAY COMING IN FROM THE THROUGHWAY RAMP WHEN THE THROUGHWAY LAND AUCTION THIS LAND OFF, UM, WASHINGTON DC PUT A RESTRICTION THAT YOU CAN'T HAVE THAT ACCESS POINT.

SO THEY WILL NEED AN ALTERNATIVE ACCESS POINT, UM, TO GET TO THAT PROPERTY.

AND AT THAT POINT WE WOULD PROBABLY BE WILLING TO WORK WITH THEM SO THEY COULD GET TO THE SIGNAL ACROSS THE FRONT OF OUR PROPERTY.

WE DID LEAVE THAT AS A FUTURE CONNECTION POINT.

YOU ANY REDEVELOPMENT WILL NEED THAT ACROSS OUR PROPERTY.

SO WITH THIS PROJECT, WE LEFT THAT AVAILABLE.

SO WHEN THAT PROJECT IS DEVELOPED, WE CAN HAVE ACROSS ACCESS AND GET TO THE SIGNAL THAT WE'RE GONNA HAVE ON THE LIGHT, WHICH ALSO REDUCE TRAFFIC ON CAMP ROAD SINCE YOU CAN'T GO RIGHT OUT INTO THE THROUGHWAY.

NEXT SLIDE PLEASE.

UM, HOW THIS LINES UP WITH YOUR COMPREHENSIVE PLAN.

I THINK WE WENT THROUGH THIS ONCE BEFORE.

I'M NOT GONNA GO THROUGH IT AGAIN, BUT IT IS GENERALLY CONSISTENT WITH YOUR COMPREHENSIVE PLAN.

AND IN FACT, IT'S CONSISTENT WITH THE ZONING YOU'RE NOW CONSIDERING AS PART OF YOUR COMPREHENSIVE PLAN.

UM, ALONG WITH THE USES, THE BUFFERING AND THE SETBACK, AND YOU'RE LOOKING FOR A CAMPUS STYLE DEVELOPMENT.

THIS IS A CAMPUS STYLE DEVELOPMENT.

NEXT SLIDE PLEASE.

UM, WE CAN SKIP THIS SLIDE.

NEXT SLIDE PLEASE.

AND THEN I DID PROVIDE HARD LINE ELEVATIONS AND BUILDING ELEVATIONS.

THESE ARE SOME RENDERINGS OF THE SITE AS YOU CAN SEE.

UM, YOU CAN SEE THE TOP ONE IS WHAT THE, THE FRONT OF THE BUILDINGS WILL LOOK LIKE.

SO THEY EFFECTIVELY WAREHOUSE.

I KNOW IF YOU LOOK AT THE OLD WAREHOUSE, THERE WAS A STIGMA, WHAT IT LOOKED LIKE WITH, YOU KNOW, EXPOSED BRICK AND IT WASN'T WELL DONE.

THIS IS A COMPLETELY DIFFERENT PRODUCT THAN WHAT YOU 10 OR 15 YEARS AGO.

THEY LOOK LIKE OFFICE BUILDINGS, UM, WITH A LOT LESS LIGHT, UM, ALONG THE FRONT SO THEY'RE NOT LIT UP.

AND YOU CAN SEE, UM, THOSE PICTURES, UM, ON THE SLIDES.

SO THAT IS BASICALLY THE PROJECT.

I DON'T, I DON'T ANTICIPATE THERE'S ANY APPROVAL TONIGHT.

I ANTICIPATE THAT I'LL ANSWER ANY QUESTIONS.

I SEE I HAVE A LOT OF FRIENDS HERE AND THEY'RE GONNA PROBABLY SPEAK ON THE PROJECT, BUT WE DID MEET, I DID PROVIDE YOU AND I WILL PROVIDE YOU AGAIN, UM, WITH A COPY OF THE PRESENTATION JUST FOR THE RECORD.

I WILL ALSO PROVIDE YOU WITH, UM, THE AGREEMENT WE HAVE WITH THE NEIGHBORS INITIAL SIGNED BY US AND ALL THE NEIGHBORS.

AND I'LL PROVIDE YOU WITH .

THERE'S NO, UM, JURISDICTIONS ON THE SITE.

WE HAVE ALL THOSE ELECTRONIC AS WELL, RIGHT? YES, YOU DO.

AND I HAVE SENT THEM ELECTRONICALLY.

I JUST, I'M HERE AND WE HAVE IT ELECTRONICALLY IF WE COULD GET TO IT.

SO

[01:10:01]

THAT'S BIG BINDER AND YOU HAVE THE BIG BINDER WHICH HAS ALL THE STUDIES.

SO I DO HAVE A, DO YOU HAVE ANYTHING ELSE? I'M DONE.

THANK YOU VERY MUCH.

YOU'RE WELCOME.

AND I HOPE EVERYONE CAN HEAR ME.

SO THIS IS A PUBLIC HEARING.

DENNIS, DO YOU HAVE THE, UM, NOTICE TO READ? THANK YOU.

NOTICE IS HEREBY GIVEN THAT THE TOWN OF HAMBURG PLANNING BOARD WILL CONDUCT A PUBLIC HEARING ON A PROPOSAL BY BENDERSON DEVELOPMENT COMPANY LLC TO CONSTRUCT AN 802,554 SQUARE FOOT FIVE BUILDING WAREHOUSE PARK TO BE LOCATED AT 5 2 2 0 CAMP ROAD.

THE PUBLIC HEARING WERE HELD ON FEBRUARY 7TH, 2024 AT 7:00 PM IN ROOM SEVEN B OF HAMBURG TOWN HALL.

OKAY, SO IS THERE ANYONE HERE THAT WISHES TO SPEAK ABOUT THIS PROJECT? YES.

COULD YOU PLEASE FILL OUT, IF THERE'S PEOPLE HERE THAT WANT TO SPEAK ABOUT THIS PROJECT, PLEASE FILL OUT THE FORM OR THE SHEET WITH YOUR NAME, COME TO THE PODIUM, BE RESPECTFUL OF THE TIME.

WE WANNA HEAR YOUR, WHERE YOUR, UM, YOUR OPINIONS AND IF YOU WERE A CHEERLEADER IN HIGH SCHOOL, NOW WOULD BE THE TIME TO BRING BACK THAT VOICE.

WELL I TAUGHT FOR MANY YEARS, SO I THINK I CAN PROJECT.

THERE YOU GO.

SO LET'S, I'M NOT OPPOSED WAREHOUSES.

WE ALL LIVE THROUGH 20 PAM 20, I'M SORRY PAM, WE NEED YOUR NAME.

NEED YOUR NAME FOR, OH, I'M SORRY.

PAM BOWLER.

OKAY.

AND I LIVE ON STILL STREET, WHICH NOBODY KNOWS WHERE IT IS.

IT'S BEHIND CHAPEL GLEN AT THE END OF BROOKWOOD OR CROWN, BUT TERRA, SO THIS IS KIND OF MY NEIGHBORHOOD.

CAN YOU SPELL YOUR LAST, HOW DO YOU SPELL YOUR LAST NAME? B-O-E-H-L-E-R.

IT'S NOT PHONETIC.

UM, ANYWAY, I'M NOT TO WAREHOUSES, BUT THERE ARE A FEW CONCERNS I HAVE.

WHAT IS GOING TO BE IN THOSE WAREHOUSES? ARE THERE, I DON'T KNOW IF THERE'S ANY RESTRICTIONS BECAUSE I'M THINKING HAZARDOUS CHEMICALS, COMBUSTIBLE MATERIALS.

I MEAN IT IS FINE IF IT'S CAR PARTS AND TOILET PAPER, BUT UM, I HAVE NOT SEEN ANYTHING AS TO WHAT COULD BE IN THAT.

AND SINCE IT IS IN A LARGELY RESIDENTIAL AREA, UM, THE CONTENTS CONCERN ME, THE DENSITY.

NOW THIS HAS CHANGED AND MAYBE YOU COULD HELP ME INITIALLY.

WEREN'T THERE GONNA BE A LIKE A THOUSAND? HE WON'T BE ANSWERING QUESTIONS NOW.

OH, OKAY.

ADDRESS QUESTION.

WELL, INITIALLY THERE WERE GONNA BE LIKE A THOUSAND PARKING SPACES.

NOW WHEN PEOPLE SAY FEET IN THE YARDS, I DON'T HAVE A GOOD CONCEPT OF SPACE.

I HAVE TO ACTUALLY SEE IT OR THINK OF A FOOTBALL FIELD.

UM, THERE WAS GONNA BE A THOUSAND PARKING SPACES AND IT WAS LIKE WHY? UM, I THINK THAT MIGHT HAVE CHANGED, BUT I'M NOT SURE BECAUSE MY HUSBAND AND I WERE SAYING, WHY WOULD YOU NEED IT? HE CAME UP WITH WHERE BILL SEES HIS TICKET HOLDERS, MAYBE THEY'LL RUN SHUTTLES TO THE BILLS GAMES 'CAUSE IT'S DOWN THE ROAD.

OR UM, PARKING, IF PEOPLE HAVE TO GET OFF THE THROUGHWAY, YOU KNOW, TRUCKERS RENT SPACES.

UM, SO IT WAS THE DENSITY.

IT SOUNDS LIKE THE BERM IS A LOT LARGER, BUT AGAIN, INITIALLY THE BERM WAS ONLY GONNA BE ON THE FRONT.

AND THEN NOW IT SOUNDS AS IF IT IS ON ALL FOUR SIDES.

BUT SINCE THIS BORDERS A RESIDENTIAL AREA, I DON'T KNOW HOW THAT'S GOING TO AFFECT IT.

AND WHEN I HEAR FENCE, I HEAR MAINTENANCE.

SO WHAT KIND OF A FENCE IS IT GONNA BE AND HOW IS IT GONNA BE MAINTAINED? BECAUSE GO ANYWHERE AND YOU SEE FENCES THAT DON'T LOOK VERY GOOD.

ANOTHER THING IS, UM, THE ENVIRONMENTAL AREA.

NOT MANY PEOPLE IN THIS ROOM CAN REMEMBER WHEN LEISURE LAND WAS IN EXISTENCE AND THEY HAD LIKE A TRUCK STOP ASPECT AND HAD PUMPS, DIESEL AND PROBABLY GAS.

I NEVER WENT THERE, BUT THERE WERE TRUCKS, SO I'M ASSUMING THERE WERE DIESEL FUEL.

AND EVEN WITH GAS, YOU HAVE THOSE HOLDING TANKS IN THE GROUND AND EVENTUALLY THEY ERODE.

SO I DON'T KNOW WHAT KIND OF ENVIRONMENTAL STUDY HAS BEEN DONE, UM, FOR THIS PROJECT, BUT I'M BASICALLY THINKING THAT'S A BROWNFIELD.

UM, AND UH, THIS I BELIEVE IS NOT GOING TO GET TAX BREAKS, SO THAT'S NOT AN ISSUE.

BUT I WISH THE TOWN OF HAMBURG WOULD LOOK AT HAVING MORE GREEN SPACE IN ANY PROJECT.

THE STORAGE UNITS, I KNOW NEXT THERE'S GONNA BE THE MCKINLEY PARK INN COMING UP, ALWAYS HAVING A LARGER BERM.

UM, LIKE IN ORCHARD PARK THEY DO.

AND I FEEL LIKE HAMBURG GETS CAR WASHES,

[01:15:01]

STORAGE UNITS, WAREHOUSES, AND ORCHARD PARKS GETS UBMD, YOU KNOW, WHICH I WENT TO HIM.

THANKS FOR LETTING ME GO FIRST.

I DO WANNA REMIND THOSE WHO ARE COMING UP TO SPEAK.

THIS IS NOT A QUESTION AND ANSWER PERIOD.

YOU'RE TO STATE YOUR CONCERNS.

AND THEN THE GENTLEMAN THAT SPOKE EARLIER FOR THE CASE, HE IS TAKING NOTES OVER THERE.

HE IS GOING TO RESPOND TO THE BOARD AND WE WILL MAKE THOSE PUBLIC.

YOU WILL KNOW WHAT THE RESPONSES ARE TO THOSE QUESTIONS.

SO HAVING, WE CAN'T ANSWER YOUR QUESTIONS TONIGHT, AND I, IT'S NOT BECAUSE WE DON'T WANT TO BUT WE CAN'T AT A PUBLIC HEARING, SO I JUST WANNA RE REMIND EVERYBODY OF THAT.

SO WHOEVER'S NEXT, PLEASE COME UP, STATE YOUR NAME, SPELL IT FOR US PLEASE, AND DO YOUR BEST.

CHEERLEADING ATE.

OKAY.

UM, NAME IS PETER SAMAK.

IT'S SPELLED S-A-M-A-R-D-A-K.

AND I'M OVER AT SMORE LANE OFF OF ROGERS ROAD.

SO THE REAL BIG QUESTION I HAVE IS FOR A PANEL IS THAT, HAVE YOU READ THE GUIDING PRINCIPLES WITH ATON HAMMER LATELY? HAS ANYBODY READ THEM? AGAIN, THIS IS NOT A QUESTION.

I I KNOW I'M JUST, THIS IS JUST OKAY.

A LITTLE SOCRATIC METHOD.

OKAY.

AND THE REASON I'M ASKING IT, BECAUSE I DID, AND THAT LED ME TO VOICE MY CONCERNS ABOUT THIS PROJECT, AND FROM WHAT THE ATTORNEY AND THE REPRESENTATIVE SAID IN THE PAST, BASED ON WHAT HE SAYS TODAY AS WELL.

AND I'M VERY VISUAL, SO THAT'S WHY I PUT THE, TOGETHER A FEW SLIDES HERE.

BUT I WAS LOOKING AT THE CURRENT PLAN THAT HE'S SHOWING, SAID THERE WAS NO INFR ON ANY OF THE WETLANDS ON THE ORIGINAL PLAN THAT THE TOWN HAD PUT FORWARD.

ALL THOSE BLUE LINES AND, AND DESIGNATIONS WERE WETLANDS AS IDENTIFIED BY THE TOWN.

IN A PRIOR MEETING THAT THIS GENTLEMAN HAD.

HE SAID, TOWN HAS NO JURISDICTION OR NO RIGHT TO CALL THESE WETLANDS, SO WE'RE GONNA BUILD OVER 'EM ANYWAY.

IT DOESN'T MAKE ANY DIFFERENCE.

AND THOSE WERE HIS WORDS.

I ALSO ASKED HIM, I SAID, DO YOU REALLY CARE ABOUT THE TOWN RESIDENTS AND HOW THEY FEEL ABOUT THIS? AND HE HESITATED.

I ASKED HIM AGAIN, HE SAYS, DO YOU CARE ABOUT, DOES BENDERSON CARE ABOUT THE TOWN? HE SAID, I DON'T CARE.

WE DON'T CARE.

WE'RE GONNA BUILD THIS ONE WAY OR THE OTHER.

WE'LL MAKE IT HAPPEN.

THAT'S MY JOB.

SO THE OTHER THING I, I DECIDED TO TAKE A LOOK AT WAS HE'S LOOKING AT 800,000 SQUARE FEET.

AND I, AND, AND LOOKING AT THAT, IT'S LIKE, WHY SO BIG? WHY DO YOU NEED THAT, THAT MUCH SPACE? SO I WENT AND LOOKED AT, LOOKED UP SOME DATA, DID SOME RESEARCH, AND ACCORDING TO THE WALL STREET JOURNAL AND BUREAU OF LABOR STATISTICS, RETAILERS ARE NOW SHEDDING WAREHOUSE SPACE.

WALMART AND BIG LOTS HAVE CLOSED WAREHOUSES, LAID OFF DISTRIBUTION WORKERS, AND WALMART AND DEIDA HAS LAID OFF MORE THAN 2200 WORKERS AT FULFILLMENT CENTERS.

AMAZON HAS BECOME PULLING BACK ON EXPANSION.

THEY'VE CLOSED OR CANCELED, 115 WAREHOUSES.

ASHLEY FURNITURE, ONE OF THE LARGEST FURNITURE MANUFACTURERS, HAS CLOSED THE MA MAJOR DISTRIBUTION CENTER.

WAREHOUSING AND STORAGE EMPLOYMENT FELL FOR EIGHT STRAIGHT MONTHS.

ACCORDING TO THE BUREAU OF LABOR STATISTICS.

AND ACCORDING TO CUSHMAN AND WAKEFIELD VACANCY RATES HAVE PICKED UP 3.6% NATIONWIDE.

WELL, AGAIN, MY, MY QUESTION IS, WHY SO BIG? WHY 808, 800,000 SQUARE FEET TO COVER ALL HIS PROPERTY? UM, AND AGAIN, BENDERSON INFR SAID THERE'S NO INFRINGEMENT ON WETLANDS.

CAN YOU GO TO THAT FIRST SLIDE AGAIN? WHERE HIS PROPERTY IS WHERE HE WANTS TO BUILD AND WANTS TO PUT ALL THOSE SITES ARE INDEED OVER WETLANDS THAT WE HAVE DESIGNATED BY THE TOWN.

HE SAID THAT.

UM, SO, SO AGAIN, IT'S LIKE, OH, GO TO THE NEXT SLIDE, PLEASE.

NEXT ONE.

THE NEXT ONE.

THOSE ARE WHERE THE BUILDINGS ARE GOING TO BE.

THIS IS WHAT THE PROPERTY LOOKS LIKE.

SO WITH BENDERSON, OWN THIS PROPERTY, IT'S LIKE, AND I'M, I'M APPALLED THAT HE WAS ALLOWED TO KEEP IT IN THIS KIND OF CONDITION.

SO I TOOK A WALK BACK ON THE SLIDE JUST TO GATHER MY OWN PICTURES.

NEXT SLIDE, PLEASE.

THAT'S SOME MORE OF THE PROPERTY IS EXISTS BACK BY THE NEXT QUARTER, WHERE THOSE OTHER RESIDENTS LIVE THAT THEY THINK THEY'RE GONNA BE INFRINGED UPON.

NEXT SLIDE, PLEASE.

AND THIS IS CURRENTLY SOME OF THE PROPERTY IN THE BACK THAT THEY WANT TO BUILD ON.

THERE'S LOTS OF TREE AREAS BACK THERE.

THERE'S GREEN AREAS, THERE'S WETLANDS.

NEXT SLIDE, PLEASE.

THESE ARE SOME OF THE STREAMS. RUN BACK THROUGH THERE.

THERE'S PRINTS FROM SOME OF THE WILDLIFE.

AND ONE MORE, PLEASE.

AND THAT IS THERE, THERE'S EVEN YELLOW TAPE BACK THERE THAT DESIGNATED WETLANDS.

SO AGAIN, MY QUESTION IS, WHY SO MUCH? WHY SO BIG? AND WHY THE LIES THE TELLING.

IT'S NOT GONNA MAKE ANY PROPERTY TO IT.

THANK YOU.

OUR NEXT, UM, SPEAKER MICHELLE.

WAS THERE SOMEBODY ELSE? YES, MICHELLE COOK.

UM,

[01:20:02]

NEIGHBOR TO PETER.

MY PRESENTATION.

NOT LIKE PETER'S .

JUST A QUICK THOUGHT.

SO WHEN HE WAS GOING THROUGH AND EXPLAINING THE NEIGHBORS, UM, IT DIDN'T SEEM LIKE OUR NEIGHBORHOOD WAS AT ALL IN CONSIDERATION AS PART OF THE NEIGHBORS.

UM, IN FACT, IT DOESN'T EVEN SHOW OUR AN UPDATED MAP WITHIN THE LAST, I'VE LIVED ON SMORE FOR ALMOST FIVE YEARS NOW.

NONE OF OUR HOMES ARE EVEN ON HIS MAP.

AND IF YOU LOOK AT ALL OF HIS PICTURES, WE ARE CUT OFF OF HIS PICTURES.

AND HE IS ONLY CONCERNED ABOUT THE NEIGHBORHOOD BEHIND US.

SO WE NOW, AND I HAVE TWO HOMES IN INSECT MORE.

SO ONE OF THEM IS BEHIND ONE OF THE RETENTION PONDS.

AND MY CONCERN IS WHAT WE'RE GONNA BE LOOKING AT WHEN WE LOOK OUT THE BACK OF OUR WINDOWS, BECAUSE WE'RE NOT, IT'S LIKE WE'RE NOT CONSIDERED AT ALL HERE.

WE'RE, WE'RE BARELY ON THE PICTURE, BUT YET WE'RE ANY OF THOSE HOMES IN THE STUDIES AT ALL? IT DOESN'T LOOK LIKE IT.

IT ONLY LOOKS LIKE THEY'RE CONCERNED WITH THAT AREA.

SO THAT WOULD BE, YOU KNOW, WHAT IS POLLUTION AND LIGHTING AND BURNS AND, YOU KNOW, TREES AND ALL THAT OTHER STUFF HAVE TO DO WITH US.

BECAUSE RIGHT NOW IT'S LIKE WE WEREN'T EVEN CONSIDERED.

SO THAT'S MY COMMENT.

THANK YOU VERY MUCH.

IS THERE ANYONE ELSE? PEOPLE CAN SIGN UP.

WELL, IS, IF THERE'S ANYBODY ELSE, IF YOU'D LIKE TO COME DOWN AND SIGN UP.

SO WE DON'T CAUSE A DELAY HERE.

'CAUSE WE HAVE OTHER CASES THIS EVENING.

WE WANNA KEEP IT MOVING.

I SIGNED UP ONCE.

DO I HAVE TO SIGN AGAIN? IF I, IF IT'S FOR THE SAME EVERY TIME I SPEAK, I'M KEEPING TRACK OF THEM BY THE PROJECT.

UH, GOOD EVENING.

MY NAME IS CHRISTINE GREEN.

I LIVE AT 54 51 SYCAMORE LANE.

UH, THE NEW DEVELOPMENT, I BELIEVE PLEASANT CREEK, UH, PETER WILL BE A TOUGH ACT TO FOLLOW HERE.

UM, A COUPLE OF THINGS THAT I'D LIKE TO POINT OUT TO THE BOARD.

UM, MY COMMUTE, DAILY COMMUTE IS FROM HAMBURG TO ALDEN.

SO JUST IN A QUICK LITTLE TWO MILE SPAN, DRIVING DOWN WALDEN AVENUE TODAY, THERE ARE NO LESS THAN FIVE TO SEVEN, UH, BENDERSON LEASING, UH, SIGNS ON THE ROADWAY.

WHAT IS THE OCCUPANCY RATE? IS THE QUESTION? HOW LONG ARE THESE BUILDINGS GOING TO REMAIN VACANT? UM, ASIDE FROM ANYTHING THAT BENDERSON HAS TO OFFER US, THE TOWN OF HAMBURG IS MISSING THE POINT HERE.

DO YOU REALLY WANT PEOPLE GETTING OFF THE THROUGHWAY TO COME VISIT OUR AREA AND STARING AT THESE MASSIVE BUILDINGS? IT'S NOT WHAT, WHAT HAMBURG IS ABOUT.

IT'S NOT ABOUT HAVING A BUNCH OF WAREHOUSES.

HOW BIG IS 800, 800, UH, THOUSAND SQUARE FEET? IT'S 14 FOOTBALL FIELDS.

AND THAT'S JUST THE BUILDING ITSELF.

IT DOESN'T INCLUDE THE PARKING, 14 FOOTBALL FIELDS.

THAT'S WHAT YOU'RE GONNA BE STARING AT WHEN YOU GET OFF TO VISIT HAMBURG.

THE PLEASANT CREEK DEVELOPMENT.

THIS WILL BE AGAINST MY PROPERTY LINE.

I HAVEN'T BEEN CONSULTED ON THIS.

IF THE GENTLEMAN OVER THERE NEEDS MY ADDRESS, I'VE PROVIDED IT, I'D BE HAPPY TO SPEAK TO YOU.

THE TOWN OF HAMBURG'S MISSING THE MARK ON THIS.

IT'S NOT ABOUT HAVING MORE WAREHOUSES.

YOU JUST PUT ONE THROUGH TONIGHT.

TWO FOR 9,000 SQUARE FEET.

SO NOW WE HAVE 18,000 SQUARE FEET THERE.

WE HAVE 800 IN 2000 SQUARE FEET HERE.

WHEN DOES IT END? HOW MANY MORE WAREHOUSES ARE GONNA SIT VACANT? HOW MANY MORE ARE YOU GONNA ALLOW IN THIS TOWN? HOW LONG DID THE AMAZON BUILDING SIT VACANT? IS THAT WHAT'S GONNA HAPPEN? IS THAT WHAT I'M GONNA LOOK AT ON MY PROPERTY LINE? ARE YOU GOING TO ALLOW THIS? THAT'S ALL I HAVE TO OFFER.

FRANCIS SHEENA, UH, I REALLY FRANCIS, SPELL YOUR LAST NAME AGAIN, PLEASE, FOR THE RECORDING.

YES.

S-C-H-E-N-A.

THANK YOU.

YOU'RE WELCOME.

[01:25:01]

UH, THANKS TO ALL THE PEOPLE WHO DID SPEAK UP AND, UH, AND ASKED THE QUESTIONS AND SHARED THEIR CONCERNS.

UH, AND I THINK, YOU KNOW, I AGREE WITH ALL OF THE COMMENTS.

DOES HAMBURG REALLY NEED ANY MORE WAREHOUSES? WE ARE BECOMING A COMMUNITY OF STORAGE UNITS AND CAR WASHES AND WAREHOUSES.

IT REALLY ISN'T A GOOD FIT.

I THINK AT SOME POINT IN TIME, UM, HAMBURG NEEDS TO SAY, WHOA.

UM, I THINK IN TERMS OF A BETTER FIT FOR OUR COMMUNITY, UM, THAT THAT PARTICULAR PART OF HAMBURG COULD BE BETTER UTILIZED FOR A MORE ENCOMPASSING, MORE EMBRACING KIND OF A VENUES.

I DON'T REALLY KNOW WHAT THAT WOULD BE, BUT SOMETHING THAT, UH, PERHAPS COULD BE SOME SORT OF A DESTINATION.

UH, LEISURE LAND USED TO BE THERE YEARS AGO, I THINK BEFORE I EVEN MOVED TO THIS COMMUNITY.

BUT I'VE HEARD A, HEARD A LOT ABOUT IT.

BUT, UH, AT LEAST SOME KIND OF A VENUE THAT WOULD BE MORE INCLUSIVE AND BETTER USED BY US TAXPAYERS.

UM, I THINK THAT, UM, I WOULD LIKE TO IF THERE, AND I HEARD SOMEONE SAY THAT THEY WERE GOING TO HAVE A THOUSAND PARKING SPACES AGAIN.

MY GOD.

UH, I THINK COMING INTO THE VILLAGE NOW, ONE OF MY BIGGEST CONCERNS IS ALL THE TRAVELING UP CAMP ROW.

I LIVE ON THE EDGE OF THE VILLAGE ALREADY.

THERE'S A LOT OF CONGESTION, THAT CONGESTION THERE BY THE BIG TRUCKS.

THERE'S A COUPLE OF CAR DEALERSHIPS THERE THAT HAVE GOT THEIR BIG UNITS PARKED THERE SO THAT THEY CAN HAVE THE CARS GET OFF AND SO ON.

BUT I REALLY DO NOT THINK THAT WE NEED ANY MORE CONGESTION ON CAMP ROAD.

AND SO I KIND OF MISSED THE POINT WHERE WOULD, WELL, I'M SORRY, I CAN'T ASK QUESTIONS, BUT I'M JUST WONDERING ABOUT THE INCREASED TRAFFIC, UH, BY ANYTHING THAT IS PUT INTO THESE STORAGE UNITS.

AND I THINK A GOOD ISSUE HAD BEEN RAISED.

UH, WHAT IS GOING TO BE INSIDE OF THIS WAREHOUSE IS JUST LIKE THE FIRST GUY THAT WAS HERE.

WELL, OKAY, UH, GRANT HIM A SPECIAL USE.

OKAY.

THAT WAS GRANTED, BUT WE DON'T REALLY KNOW EXACTLY WHAT HIS TENANTS ARE GOING TO ESPECIALLY USE THAT FOR.

I THINK WE NEED TO BE INFORMED, UH, CITIZENS.

SO AGAIN, UH, I THINK ENCLOSURE, UH, WHAT IS GOING TO BE IN, IN THESE WAREHOUSES SPECIFICALLY, WE NEED TO BE INFORMED AND GIVEN SOME SPECIFICS.

AND I'M VERY CONCERNED ABOUT, UH, THE TRAFFIC FLOW.

AND I WOULD LIKE TO HAVE THIS VOTED ON TO BE A NO, WHEN THE VOTE DOES COME OFF, BECAUSE I THINK REALLY, UH, HAMMER COULD PUT THIS TO BETTER USE TO BE MORE INCLUSIVE FOR THE CITIZENS.

THANK YOU.

THANK YOU.

HI, I'M PETER AIELLO.

IT'S A-I-E-L-L-O.

I LIVE ON SYCAMORE.

I KIND OF OBJECT TO THE PROJECT ON A COUPLE OF BASIC BEATS.

NUMBER ONE IS, AND I WOULD LIKE TO HEAR FROM THE WETLANDS EXPERT ABOUT WHAT THEY'RE DOING.

THE WETLANDS, THERE ARE FEDERAL WETLANDS BACK THERE.

THEY SHOULDN'T BE DESTROYED.

THERE IS A WONDERFUL ENVIRONMENT BACK THERE.

WE'VE GOT BOXES, WE'VE GOT ALL SORTS OF ANIMALS.

WE'VE GOT BALD EAGLES, WE FLY AROUND.

THIS JUST DOESN'T SEEM TO BE A GOOD USE FOR THAT PROPERTY.

THERE'S PLENTY OF WAREHOUSES IN THE AREA.

MORE DOESN'T MAKE IT, DOESN'T MAKE IT ANY BETTER.

AND I OBJECT TO THE IDEA THAT THIS IS GONNA BE KIND OF A BUSINESS CAMPUS.

IT'S WAREHOUSING, LET'S CALL IT WHAT IT IS.

10%, NO OFFENSE, 10% OFFICE SPACE IS NOT OFFICE SPACE.

THAT'S WHAT THEY'RE BUILDING IS WAREHOUSING.

SO THERE'S GONNA BE TRUCKS COMING IN, TRUCKS GOING OUT.

THERE'S GONNA BE NOISE POLLUTION, THERE'S GOING TO BE REGULAR POLLUTION.

AND YOU KNOW, HONESTLY, THE NEIGHBORHOODS THAT WE ARE LIVING IN, THE TAX RATE'S PRETTY HIGH THERE.

UH, I, I AGREE WITH THE LAST SPEAKER AND WITH PETER, THERE'S BETTER USES FOR THIS PROPERTY.

THERE'S FAR BETTER USES FOR THIS PROPERTY.

UM, YOU KNOW, I, I JUST THINK THAT, AND AGAIN, YOU, YOU MADE A VERY GOOD POINT ABOUT WHEN PEOPLE DRIVE INTO THIS AREA, WHAT ARE YOU GONNA SEE? WAREHOUSING BREAK THAT, I MEAN, DO SOMETHING WITH IT, BUT NOT THAT.

AND THEIR PREVIOUS PERMIT WAS WITH BUILDING RETAIL AND BUILDING HOTELS.

AND THAT SEEMS FAIRLY REASONABLE.

BUT AGAIN, MY OBJECTION IS YOU'RE GOING TO RUIN

[01:30:01]

NEIGHBORHOODS THERE WITH NOISE POLLUTION, LIGHT POLLUTION.

IT'S A BAD USE FOR THE PROPERTY.

IT'S A BAD, YOU KNOW, IT, IT, BENTON DOESN'T SEEM TO BE CONCERNED ABOUT WHAT THE NEIGHBORHOODS WANT.

AND I THINK IF YOU TOOK A STRAW POLL, I, WE CAN'T, BUT HE DID.

OF THE NEIGHBORS HERE, I DON'T THINK ANYBODY HERE IS IN FAVOR.

AND YOU KNOW, I, THE IDEA HERE IS I WOULD ASSUME THAT YOU, YOU GUYS TAKE INTO ACCOUNT WHAT THE VOTERS WANT AND THE VOTERS DON'T WANT THIS.

SO IT SEEMS PRETTY CUT AND DRY TO ME.

I AGREE WITH YOU.

THEY SHOULD VOTE KNOW ON THIS, BUT THAT'S ALL I'VE GOTTA SAY.

THANK YOU.

DID HE SPELL HIS NAME FOR THE RECORD? THAT OKAY.

IS THERE ANYONE ELSE? ONE MORE.

IS THERE SOMEBODY ELSE? THERE'S ONE MORE WE WANNA GO LAST, BUT THAT'S UP TO, OH, I DON'T, I DON'T WANNA TAKE ANYBODY'S TEAM.

JAMES, I'M SORRY.

FIRST I, I APOLOGIZE.

FIRST OF ALL, MY NAME'S JAMES MILLER, WHO LIVE ON CREEK VIEW DRIVE, JUST RIGHT NEAR THE PROPOSED DEVELOPMENT.

I'M NOT AS PREPARED FOR TONIGHT AS I WISH I WAS.

I WAS VERY MUCH INVOLVED IN PAYING ATTENTION TO WHAT WAS GOING ON WHEN THIS FIRST STARTED.

I'VE LOST TOUCH FOR THE LAST SEVERAL MONTHS AND REALLY JUST CAME BACK INTO IT AND HEARING IT TODAY.

I'M A RETIRED ATTORNEY.

I'M A RETIRED ENGINEER.

AND A COUPLE THINGS CAME TO MY MIND AS I LISTENED TO IT.

AND THEY WERE BROUGHT UP.

IT WAS BROUGHT UP BY QUESTIONS THAT PEOPLE HAD.

YOU'RE GONNA PUT THESE WAREHOUSES IN PEOPLE'S BACKYARDS.

AND I'M GONNA GO ON A LITTLE TANGENT HERE.

WHEN I HEARD BENDERSON TALKING ABOUT THIS ON SOUTHWESTERN BOULEVARD AT THE, UH, UH, PARTY HOUSE THAT'S THERE, HE SAID IT WAS GOING TO BE VERY MUCH LIKE THE WAREHOUSES THAT WE HAVE OVER ON FRENCH AND UNION HADN'T BEEN OVER THERE.

I DIDN'T KNOW WHAT THE WAREHOUSES LOOKED LIKE.

I HEARD THEY WERE GONNA LOOK LIKE OFF AN OFFICE PART.

AN OFFICE CAMPUS WAS THE WORD THAT WAS USED.

I WENT OVER AND LOOKED AT IT.

MAYBE I'M HARD, BUT IT DIDN'T LOOK LIKE AN OFFICE CAMPUS.

IT LOOKED LIKE A BUNCH OF WAREHOUSES.

OKAY? THAT'S THE FIRST POINT I WANTED TO MAKE.

THE SECOND POINT IN THAT I WANTED TO MAKE WAS THE DIMINUTION AND VALUE TO THE HOMES THAT ARE IN THAT AREA.

I HEARD A LOT OF STUDIES ABOUT WE'RE GONNA HAVE LESS NOISE, OR ISN'T, THE NOISE ISN'T GONNA AFFECT THE COMMUNITY.

THERE ISN'T GONNA BE POLLUTION, AIR POLLUTION THAT'S GONNA AFFECT THE COMMUNITY.

ALL THESE STUDIES, AND WHAT I DIDN'T HEAR ANYBODY SAY WAS, AND WE HIRED, UH, AN ORGANIZATION TO COME IN AND LOOK TO SEE WHAT THE IMPACT ON THE HOMES IS GOING TO BE.

IS MY HOME GONNA DROP 30% IN VALUE BECAUSE OF THIS? I DON'T HAVE A CLUE.

I DON'T THINK THEY KNOW EITHER.

OKAY.

AND THAT MEANS I'M TAKING THE HIT.

IF IT DOES, I'M GONNA TAKE THE HIT TO BENDER BENEFIT BENDERSON.

THAT SHOULD BE DISTURBING NOT ONLY TO ME, BUT TO EVERYBODY WHO LIVES IN THAT NEIGHBORHOOD.

WHAT'S GONNA HAPPEN WHEN YOU TRY TO SELL YOUR HOME A YEAR FROM NOW, FIVE YEARS FROM NOW, OR WHEN THE FENCE IS FALLING DOWN OR THE BERM IS COVERED IN WEEDS? WHAT'S GONNA HAPPEN TO YOUR VALUE THEN? AND I, I KNOW WHAT I'M GOING TO HEAR IS BENDERSON ISN'T GONNA DO THAT.

OKAY? TAKE A DRIVE AROUND WALMART AND SEE WHAT IT LOOKS LIKE BEHIND WALMART.

OKAY? I HEARD THE SAME THING THEN.

IT WAS NOT GONNA LOOK TERRIBLE.

IT LOOKS LIKE HELL OVER THERE.

SO NOW YOU WANT TO DO THAT TO MY NEIGHBORHOOD.

THAT'S NOT RIGHT.

THERE WAS ONE OTHER THING THAT REALLY CAUGHT ME BY SURPRISE, AND THIS IS MY LAST POINT IS I HEARD THAT, AND I DON'T KNOW THE NUMBERS, CORRECT ME IF I'M WRONG, 15 OUTTA 17 NUMBERS OR, UM, RESIDENCES THAT ABUT TO IT, SIGNED OFF ON IT.

I'M AS, I'M SORRY, I'M A RETIRED ATTORNEY.

I'D LIKE TO SEE WHAT THEY SIGNED OFF ON, EXACTLY WHAT WERE THEY TOLD, WHAT DID THEY SIGN OFF ON? FURTHERMORE, THERE ISN'T JUST 17 HOMES IN THIS NEIGHBORHOOD.

THERE'S HOMES, 17 HOMES MAYBE THAT HAVE BOUGHT THIS PROPERTY, BUT THEN THERE'S AS MANY HOUSES ACROSS THE STREET.

THERE'S HOUSES THAT ARE ADJACENT ON EITHER END THAT ARE GOING TO BE AFFECTED.

NOBODY CAME AND TALKED TO ME ABOUT WHAT'S GONNA HAPPEN.

WHAT DO YOU THINK SHOULD HAPPEN HERE? HOW IS THIS GOING TO AFFECT YOU? AND AS I ALREADY STATED, MY BIGGEST CONCERN IS WHAT'S GONNA HAPPEN TO MY PROPERTY VALUE? AM I ABOUT, I'M, I'M RETIRING NOW.

AM I GONNA TAKE A HIT HERE? I MEAN, I WAS HOPING ON COUNTING ON THE VALUE OF MY HOME.

IF I LOSE 5, 10, 15, 20% ON IT, WHAT HAPPENS THEN? I'M DONE RANTING.

SORRY.

OKAY, IT'S MY TURN.

AND BEFORE I, UH, MENTION LEONA COMMENTS, INTRODUCE YOURSELF AGAIN.

LEONA ROCKWOOD CONSERVATION ADVISORY BOARD.

BEFORE I MENTION, UM,

[01:35:01]

THIS PARTICULAR, UH, PROJECT, I WOULD LIKE TO SAY A COUPLE OF THINGS.

FIRST OFF, WE SEEM TO HAVE A PROBLEM HEARING WHAT THE SPEAKERS ARE SAYING.

I WENT TO THE ORCHARD PARK PLANNING BOARD JUST TO SEE WHAT IT WAS LIKE OVER THERE.

AND THEY HAVE MICROPHONES.

WHOA.

I, I LY SUGGEST THAT PERHAPS THIS PLANNING BOARD USES MICROPHONES AND PERHAPS GET SOME MICROPHONE FOR THE PEOPLE WHO ARE TALKING, SO THAT WE CAN ALL HEAR WITH WITHOUT HAVING TO BE CHEERLEADERS.

ALSO, THE PUBLIC NOTICE PROBLEM.

TRADITIONALLY, PUBLIC HEARINGS HAVE BEEN ADVERTISED IN THE HAMBURG SUN.

NOW FOR A COUPLE OF TIMES, THEY HAVE NOT.

ONE TIME THEY WERE NOT ADVERTISING THE SUN.

AND SO THE WHOLE DEAL WAS POSTPONED TO ANOTHER DAY.

THIS PARTICULAR ONE, THIS PARTICULAR EVENING, WAS NOT ADVERTISED IN THE SUN.

IT WAS ADVERTISED IN THE BUFFALO NEWS.

SO WHAT ARE WE GONNA DO FROM HERE ON OUT? IS IT GONNA BE IN THE NEWS OR IS IT GONNA BE IN THE SUN, OR IS IT GONNA BE, WE'RE GONNA BE LOOKING AT BOTH PLACES ALL THE TIME FOR WHAT'S COMING UP.

SO THAT'S ALL I HAVE FOR THAT.

THEN BEFORE I GET GOING WITH THE STATEMENT FROM THE CONSERVATION ADVISORY BOARD, I WOULD LIKE TO SAY THAT THE LAST SPEAKER POINTED OUT THAT THERE ARE A NUMBER OF HOMES THAT WILL BE VISUALLY IMPACTED BY THESE WAREHOUSES.

UM, THE ATTORNEY BURMAN, UH, SAID THAT HE HAD OKAYS FROM 14 PEOPLE AND 14 RESIDENCES, BUT THERE'S A LOT MORE THAN 14 RESIDENCES WHO ARE DUE TO FROM THEIR BACKYARD OR FROM THEIR FRONT YARD ARE, AS THEY'RE DRIVING HOME, THEY'RE GONNA BE OUT THERE AND THEY'RE, THEY'RE BIG.

THE OTHER THING IS THE WHOLE CONCEPT OF CALLING IT A PARK OR A CAMPUS SOUNDS A LITTLE BIT LIKE GEORGE CARLIN TO ME, , BECAUSE IT'S NOT A PARK AND IT'S NOT A CAMPUS WHERE WE HAVE SCHOOLS AND WE TEACH KIDS.

UM, SO I HAVE A CONCERN ABOUT THAT.

THE OTHER THING IS, I'M CONCERNED ABOUT THE DISSEMINATION OF, UH, POLLUTION FROM THE TRUCKS THAT ARE GONNA BE GOING IN AND OUT, UM, TO THE NEIGHBORHOOD AREAS.

FOR INSTANCE, THERE'S THE DAYCARE CENTER OVER ON AT, UM, AQUIS LAB, PLUS A COUPLE OF HOTELS OFF THAT LITTLE ROAD THERE.

IF YOU LOOK AT THE PICTURE, IT'S AT THE BOTTOM.

UM, RIGHT.

COMMERCE PARKWAY, RIGHT? YEAH.

PARK.

SAY IT AGAIN PLEASE.

COMMERCE PARKWAY.

COMMERCE PARKWAY.

UM, SO, AND THEN THE HOMES UP ON THE UPPER LEFT, UM, I ASSUME THEY, THE 14 HOMES, UM, 14 HOMES.

UM, THEY'RE ALSO GONNA BE MAYBE SUBJECT TO SOME DISSEMINATION OF POLLUTION.

SO GIVE US THE STATEMENT FROM THE CONSERVATION ADVISORY BOARD REGARDING THIS PROJECT.

UM, THE CONSERVATION ADVISORY BOARD RESPECTFULLY REQUESTS THAT THE TOWN OF HAMBURG PLANNING BOARD MAKE A POSITIVE DECLARATION ON THE PROPOSED HAMBURG BENDERSON HAMBURG CROSSINGS MULTI WAREHOUSE DEVELOPMENT.

BECAUSE THE PROJECT IS MAMMOTH IN SIZE, 60 OF THE 9 79 0.9 ACRES WOULD BECOME WAREHOUSES WITH BUILDINGS ENCOMPASSING 802,554 SQUARE FEET.

WITH, UM, 1,072 PARKING SPACES, SEVEN STORMWATER BASINS WOULD BE REQUIRED.

WETLANDS EXIST ON THE PROPERTY WITH UNDISCLOSED MITIGATION PLANS.

IT IS THE POSITION OF THE CONSERVATION ADVISORY BOARD THAT ALL WETLANDS SHOULD BE PRESERVED AND PROTECTED EVEN AFTER THE US SUPREME COURT DECISION ON FEDERAL WETLANDS.

THESE ARE FEDERAL WETLANDS, NOT STATE WETLANDS.

THE SITE CONTAINS LARGE WOODED AREAS AND HABITAT, WHICH WOULD BE LOST.

THE LARGE WOODLAND AREA NEAR THE THROUGHWAY HAS BEEN HISTORICALLY MENTIONED AS WORTHY OF PRESERVATION.

IT IS ANTICIPATED THAT THE MOVEMENT OF TRUCKS IN AND OUT AND IDLING MOTORS DAY AND NIGHT WILL CREATE AIR POLLUTION, SOUND POLLUTION,

[01:40:01]

AND LIGHT POLLUTION.

THE AMOUNT OF IMPERMEABLE SURFACES, BOTH FROM THE FIVE LARGE WAREHOUSES AND THE 1072 PARKING SPACES, IS SIGNIFICANT POSSIBLE MITIGATION TO BE CONSIDERED A ROOFTOP GARDENS AND PERMEABLE SURFACES THROUGHOUT AND ENGINEERED RAIN GARDENS.

THE PRESENT ZONING IS NOT APPROPRIATE.

WILL THESE WAREHOUSES HAVE ATHLETIC VALUES TO THEM, ESPECIALLY SINCE THEY WILL BE LOCATED AT THE THROUGHWAY EXIT AND ENTRANCE.

A MAJOR TOWN GATEWAY WILL WAREHOUSE COMPLEX ENHANCE THE VISUAL CHARACTER.

UH, THE ENTRANCE TO HAMBURG, HUGE WAREHOUSES BOTH IN SQUARE FOOTAGE AND EXTREME HEIGHT, HEIGHT, HEIGHT ARE NOT HARMONIOUS.

A HARMONIOUS ADDITION TO THE AREA WHEN CONSIDERING THE IMMEDIATE COMMERCIAL AND RESIDENTIAL NEIGHBORS, THESE WAREHOUSES DO NOT FIT THE CHARACTER OF THE AREA.

THE CAB SUPPORTS POSITIVE DECLARATION DECISION AND A NEW IEIS, NOT JUST AN UPDATED EIS, THAT'S ENVIRONMENTAL IMPACT, UM, STATEMENT VERSION, WHICH FEATURED, UM, A TARGET AND A GROCERY STORE.

THAT'S IT.

THANK YOU.

IS THERE ANYONE ELSE? ARE THERE ANYBODY ELSE BESIDES THIS YOUNG LADY AFTER HER? HI, I AM WENDY RICHIE, R-I-T-C-H-E-Y.

NOT USED TO PUBLIC SPEAKING, BUT I, UM, JUST KIND OF, KIND OF TO REITERATE WHAT THE, WHAT WAS ALREADY SAID THAT I'M DEFINITELY CONCERNED ABOUT POLLUTION.

I THINK THESE TRUCKS COMING IN AND OUT ARE GONNA BE IDLING QUITE A BIT.

UM, AND POLLUTION IS A CONCERN.

SOUNDS OF CONCERN.

TRAFFIC, I THINK IT'S GONNA BE A NIGHTMARE BECAUSE IT'S ALREADY A NIGHTMARE NOW.

AND, YOU KNOW, CAMP ROAD IS VERY TRAFFICKED.

AND AGAIN, HOW'S THINGS GONNA LOOK? YOU KNOW, PEOPLE COMING TO US, A DESTINATION GOING INTO THE QUAINT VILLAGE OF HAMBURG AND OLIVE THOSE SHOPS, AND THEN COMING TO VISIT US AND GOING TO THE FAIRGROUNDS AND THEY'RE GONNA SEE THIS MONSTROSITY AND IT'S GONNA BE, I MEAN, THE HEIGHT IS JUST 35 FOOT TALL, YOU KNOW, I LIVE ON, UM, KENRICK PLACE IN THAT AREA WHERE THAT CREEK VIEW IS.

AND THEN MY MOTHER LIVES TO THE OTHER DEVELOPMENT ON COOPER RIDGE THAT THEY DON'T SHOW THERE.

THAT'S GONNA BE AFFECTED TOO.

BUT I THINK JUST ALL AROUND, JUST THINK ABOUT THAT HEIGHT AND WHAT WE'RE GONNA SEE.

AND YES, THERE'S OTHER PEOPLE IN THE NEIGHBORHOOD BESIDES THE 14.

AND, UM, WE'D LIKE TO KNOW, YEAH, WHAT, WHAT, WHAT IS THIS WAREHOUSE GONNA STORE? IS IT GONNA BE A BUNCH OF, YOU KNOW, POOL CHEMICALS AND THINGS WE HAVE TO BE CONCERNED ABOUT? BUT ALSO, I WOULD SAY THAT ONE OF THE MORE IMPORTANT THINGS IS WE LET THIS COME INTO HAMBURG.

I MEAN, HOW MANY MORE OF THESE THINGS WILL BE FOLLOWING, YOU KNOW, ONCE YOU, I KNOW WE TALKED ABOUT BEFORE ORCHARD PARK OR EASTER AURORA, THEY WANTED TO KEEP A COMMUNITY WHERE THEY DIDN'T ALLOW ANY BIG BOX STORES.

YOU KNOW, ONCE ONE COMES IN, THEN OTHER PEOPLE HAVE, UM, A LEGAL LEG TO STAND ON TO COME IN.

SO I THINK BY LETTING THIS, IF THIS WOULD GO THROUGH, I THINK THAT WE'D REALLY, REALLY BE SORRY AS A TOWN.

UM, JUST, IT'S GONNA OPEN THE DOOR FOR A, A LOT MORE, UH, WAREHOUSES AND, AND BUSINESSES THAT ARE NOT GOOD FOR THE COMMUNITY.

THANK YOU.

I'M NEW TO THIS PROCESS.

UM, I HAVE NEVER DONE THIS BEFORE.

OKAY.

SO START WITH YOUR NAME.

UM, MY NAME IS SARAH ROCKWOOD KLU.

UM, I'M HER DAUGHTER.

YOU NEED TO SPELL IT.

S-A-R-A-R-O-C-K-W-O-O-D, HYEN, K-L-U-T-E.

UM, I LIVE NEAR THE WAREHOUSES.

I'VE NEVER BEEN ASKED, UM, TO BE PART OF ANY MEETING.

I WENT TO THE VERY FIRST ONE AND I WAS APPALLED I BY WHAT WAS PRESENTED TO ME.

AND I'VE ALWAYS WANTED TO COME TO A DIFFERENT ONE, UM, TO ONE THAT WAS, UM, EXPLAINED WHAT WAS HAPPENING.

AND, UM, I KNOW BENDERSON IS OUT FOR MONEY.

I UNDERSTAND THAT THAT IS THE MODE OF WHAT,

[01:45:01]

UH, THE, THE REASON WHY THIS IS HAPPENING.

UM, BUT I THINK BENDERSON COULD DO BETTER.

I THINK THE BOARD NEEDS TO SAY NO TO THIS.

I DON'T THINK THE BOARD EVER SAYS NO.

AND I THINK YOU NEED TO GROW A SPINE, UM, AND SAY NO.

BECAUSE I THINK THAT YOU HAVE THE COMMUNITY WHO IS AGAINST IT.

AND I THINK YOU NEED TO SAY NO.

I THINK THAT IT DOESN'T MATTER WHAT IT, IT DOESN'T MATTER WHAT HE'S SELLING.

HE'S SELLING US SOMETHING THAT WE DON'T WANT.

SO.

AND PLEASE SAY NO.

THIS IS FOR YOU.

SAY NO, LEARN THE WORD.

SARAH.

SARAH.

HELLO, MY NAME IS MARGARET DALE.

V-A-N-A-R-S-D-A-L-E.

AND, UM, I ADMIRED WHAT EVERYBODY SAID.

I'M SORRY THAT OUR PRESENTATION IS GOING LAST.

THE SUPPORT IN THE COMMUNITY IS AMAZING AND I WOULD ENCOURAGE YOU TO STAY AND SUPPORT US.

THANK YOU.

IS THERE ANYONE ELSE? CAN I ADD JUST ONE? OKAY.

IS THERE ANYONE ELSE AFTER HER? IS THERE ANYONE LEFT THAT HASN'T SPOKEN YET? OKAY.

AGAIN, I'M CHRISTINE GREEN.

I'LL KEEP THIS VERY BRIEF.

UH, THIS IS FOR, UH, THE BOARD.

UM, BE MINDFUL THAT THE BUFFALO BILLS ARE BUILDING A $1.5 BILLION STADIUM.

THE SOUTH, THE, UH, SOUTH TOWNS LACK HOTEL SPACE TO COMPLIMENT THIS BUILDING HOTELS IN THAT AREA TO COLLECT A BED TAX TO REDUCE THE RESIDENT'S PROPERTY TAXES WOULD BE A BETTER USE FOR THAT PIECE OF LAND.

VERY GOOD.

IS THERE ANYONE ELSE SECOND CALL.

IS THERE ANYONE ELSE THAT WISHES TO SPEAK IN REGARDS TO THIS PUBLIC HEARING FOR BENDERSON FINAL CALL? I'M CLOSING THE PUBLIC HEARING ON BOARD MEMBERS.

I, I HAVE QUESTION.

DO YOU WANT ME TO ASK THEM? UM, I'M SORRY.

YES, I WAS, I WAS JUST READING THROUGH HERE.

WHAT ARE MY NEXT STEP IS? NO, IT'S ALL GOOD.

I DIDN'T WANNA LIKE STICK OVER YOU.

NO, NO, THAT'S FINE.

SO I MAY HAVE WANTED TO KEEP THAT OH, KEEP IT OPEN FOR THE PUBLIC, BECAUSE THERE'S A LOT OF INTERESTS IN THIS PROJECT AND IF WE NEED , I'M GONNA ADDRESS THAT.

SO I NEED TO KEEP IT OPEN.

I'M GONNA, I, BEFORE WE GET STARTED WITH THE QUESTIONS, I WANNA ADDRESS SOMETHING, AND THIS IS TO THE .

PUBLIC HEARINGS ARE FOR YOU TO VOICE YOUR CONCERNS.

AND WE DO TAKE IT VERY SERIOUSLY.

THAT'S WHY WE HAVE YOU SIGN UP THE INFORMATION.

ALL OF THIS INFORMATION IS ON THE TOWN WEBSITE.

NOW, THE COMMENT ABOUT THE, THE NOTIFICATIONS FOR THE NOTICES, PLEASE DO.

UH, YOU NEED TO UNDERSTAND HOW SERIOUS THE TOWN TAKES THIS.

THE NOTICES HAVE BEEN SUBMITTED TO HAMBURG SUN.

HAMBURG SUN DID NOT POST THEM.

IT WASN'T US THAT DID TRY.

WE TRIED SEVERAL TIMES.

WE HAD A MAJOR SNOW STORM.

WE WERE SET FOR THE MEETING BACK IN JANUARY, THEN WE CONTACTED THE SUN THREE OR FOUR TIMES, IF I'M NOT MISTAKEN.

AND THEY DROPPED THE BALL ON A LEGAL SIDE.

WE MEET, WE CONTACTED OUR, OUR LEGAL TEAM HERE IN HAMBURG AT OUR FOR THE TOWN.

THEY ADVISED US TO NOTIFY THE, TO DO THE NOTIFICATION THROUGH THE BUFFALO NEWS.

KNOW THIS, AND I DO, I'M SAYING THIS VERY STRONGLY, PUBLIC NOTIFICATION TO THE PUBLIC ABOUT ANY HEARING IS VERY SERIOUS IN THIS TOWN.

WE DON'T TAKE IT LIGHTLY.

WE DON'T DROP THE BALL, WE DON'T WANNA NOT NOTIFY YOU.

THAT'S WHY WE'RE DOING THIS.

WE'RE FOLLOWING THESE PROCEDURES.

AND IF IT HAPPENS, IT'S BECAUSE THE HANDBOOK SALON DID NOT NOTIFY, DID NOT POST OUR NOTIFICATION.

SO WE, THE NEXT STEP WAS, THAT'S WHY IT WENT TO THE BUFFALO RENEWS.

I DON'T HAVE AN ANSWER TONIGHT ON WHERE THE NEXT NOTIFICATION IS GONNA BE AND WHAT PAPER, BECAUSE THERE'S STILL AN ISSUE GOING ON WITH THE PUBLICATION.

I WILL TELL YOU THAT IT IS ALWAYS ON THE WEBSITE.

TOWN OF HAMBURG WEBSITE IS ALWAYS ON THERE.

I CAN'T ANSWER ANY QUESTIONS.

I'M SORRY.

BUT IT, THE NOTIFICATIONS ARE OUT THERE.

IF YOU HAVE ANY QUESTION ABOUT A CASE THAT YOU'RE NOT SURE WHEN IT'S GONNA APPEAR, CONTACT THE TOWN OF HAMBURG, PICK UP THE PHONE, MAKE THE CALL, CALL THE CLERK'S OFFICE, CALL THE PLANNING DEPARTMENT, CALL SOMEBODY IN THIS, IN THIS TOWN HALL.

THEY WILL GET YOU THE INFORMATION.

IT'S NOT THAT WE'RE TRYING TO HIDE IT FROM ANYBODY,

[01:50:01]

TRUST ME ON THAT.

SO I JUST WANTED TO ADDRESS THAT AS FAR AS LEAVING THE PUBLIC HEARING OPEN, I'M GOING TO WHAT? I WILL KEEP IT, WE'RE GONNA LEAVE THE PUBLIC HEARING OPEN.

I GOTTA CHECK WITH THE ATTORNEY.

JUST PAPER GENERAL CIRCULATION SAID WHAT? I DON'T KNOW.

LEMME JUST, CAN I, I JUST WANTED, JUST WANTED TO, UH, TO STATE, UM, UH, UNDER SITE PLAN REVIEW SECTION, UH, TWO 80 ZONING IN THE HAMBURG TOWN CODE, UH, TWO 80 DASH 3 0 9 SPECIFICALLY STATES THAT THE PLANNING BOARD SHALL HOLD A PUBLIC HEARING, WHICH SHALL BE ADVERTISED AT LEAST AT LEAST ONCE, AND A NEWSPAPER OF GENERAL CIRCULATION IN THE TOWN.

SO THE HAMBURGS ON THE BUFFALO NEWS WOULD QUALIFY AS A NEWSPAPER OF GENERAL CIRCULATION FIVE DAYS, I BELIEVE, BEFORE THE, UH, AT LEAST FIVE DAYS BEFORE SUCH HEARING.

AND THAT'S THE, THAT'S THE LEGAL REQUIREMENT? NO.

NOW A QUESTION I HAVE ON THAT POINT IS, GENERALLY DURING THE ANNUAL REORGANIZATION MEETING, DOES THE TOWN DESIGNATE MM-HMM .

WHERE THEY'RE GONNA PUT THOSE NOTICES? YEAH, IT WAS DONE FOR THE SUN AND THE BUFFALO DISTRICT.

THE SUN AND THE BUFFALO DISTRICT.

MM-HMM .

SO IT AND, OR, OR, AND, AND SO THEY'RE NOW GOING TO BE IN BOTH, CORRECT.

OR I'M SORRY, SORRY.

COULD OR ONE OR THE OTHER AND SLASH FOUR .

ALRIGHT.

SO IT'S NOT GONNA BE POSTED IN BOTH.

IT'S GONNA BE ONE OR THE OTHER.

YES, THE ANSWER.

OKAY.

I, I WANNA CLARIFY WITH THE, UM, ATTORNEY JOE, CAN WE LEAVE THE PUBLIC HEARING OPEN AND WHAT WOULD BE THE ADVANTAGE OF DOING THAT AT THIS POINT? UM, IT WOULD AFFORD THE OPPORTUNITY FOR MORE PEOPLE TO, TO MAKE PUBLIC COMMENT.

AND THEY COULD DO THAT BY WRITING, CORRECT? YEAH, ABSOLUTELY.

THEY COULD WRITE IN THERE AND SEND THEIR INFORMATION TO THE, UM, IN, IN FACT, I BELIEVE THAT, I DON'T KNOW THE SECTION OFFHAND, BUT I BELIEVE THAT IS PART OF THE, THE PROCEDURE.

OKAY.

I I WOULD ASK THAT IT BE A DATE.

CERTAINLY.

AND IT'S CLOSED THOUGH.

AND PUBLIC HONOR, WE, WE FILED OVER A YEAR AGO.

OH, WAIT, WAIT, EXCUSE ME.

HANG ON.

I GOT IT.

THAT'S NOT YOUR CALL.

OKAY.

SORRY.

I DON'T, I DON'T MEAN TO BE DISRESPECTFUL, BUT THAT'S NOT YOUR CALL.

WE GET, WE GET RULES TO FOLLOW.

AND IF THE PUBLIC WANTS TO TALK ABOUT YOUR PROJECT, I WELCOME EVERYONE.

AND THIS IS ON FACEBOOK.

THIS IS IN THE ROOM.

I AM NOT DISCOURAGING ANYONE TO TALK ABOUT WHATEVER THEY WANNA TALK ABOUT.

THAT IS NOT WHAT WE DO, ESPECIALLY AFTER I JUST GAVE THAT NOT THE PUBLIC HEARING.

THOSE OF YOU WHO HAVE CONCERNS, PLEASE PUT IT IN WRITING, SEND IT TO THE PLANNING DEPARTMENT.

IF YOU HAVE OTHER PEOPLE THAT WANNA TALK, I EITHER WAY FOR OR AGAINST THE PROJECT.

UM, MARGO, YOU HAD SOME QUESTIONS, SO I'M GONNA HAVE YOU GO AHEAD.

I DO, I HAVE SOME CONTENT QUESTIONS FOR YOU, BUT I ALSO HAVE A PROCEDURAL POINT OF CLARIFICATION ON WHAT WE ARE DOING BECAUSE THERE IS AN EIS FROM 2009.

SO THE OPTIONS IN FRONT OF US ARE TO DECIDE WHETHER OR NOT TO SUPPLEMENT THAT EIS UM, IS, IS THERE AN OPTION FOR US TO START OVER ON THIS PROCESS? LIKE WHAT ARE OUR PROCEDURAL THINGS THAT WE'RE ACTUALLY TALKING ABOUT SO THAT EVERYONE FULLY UNDERSTANDS? UM, I'M GONNA LET SARAH, UM, DARDAN FROM THE PLANNING DEPARTMENT ANSWER THAT QUESTION.

DREW SENT US AN EMAIL TODAY OUTLINING WHAT OUR OPTIONS ARE.

MM-HMM .

AND WE WERE KIND OF THINKING THAT WE WOULD DISCUSS THAT ON THE 21ST, THAT WE WOULD DISTRIBUTE THE INFORMATION THAT DREW GAVE US LATE TODAY TO YOU SO THAT YOU'D HAVE A COUPLE WEEKS TO REVIEW IT, REVIEW YOUR OPTIONS, AND THEN WE'LL TALK ABOUT IT ON THE 21ST WHEN EVERYBODY'S UP TO SPEED.

SO TONIGHT WE'RE GONNA HAVE THE PUBLIC HEARING IF THERE'S ANY ADDITIONAL INFORMATION THAT YOU WOULD LIKE AT THIS POINT, GRANT, YOU KNOW, YOU COULD SOW STATE SO THAT THE PETITIONER NEEDS TO SUBMIT ANYTHING ELSE, BUT WE'RE NOT GONNA TAKE ANY FURTHER ACTION TILL, NO, I DIDN'T EXPECT US TO BE TAKING ACTIONS.

I THINK IT JUST HELPS INFORM THE BOARD ON IF OUR OPTIONS IN FRONT OF US ARE, ARE WE SUPPLEMENTING THEN OUR ACTION IS TO COMPARE TO THE 2009 FINDINGS.

WE, WE HAVEN'T GOTTEN THERE YET BASED ON THE INFORMATION THAT WE GOT FROM ONE.

WE ARE, WE DON'T KNOW THAT.

WELL, WE, WE DO KNOW, BUT WE HAVEN'T HAD A CHANCE TO TALK ABOUT IT.

RIGHT.

SO WE WILL ROGER THAT CONTENT ONLY TONIGHT NOT AVAILABLE.

OKAY.

UM, SO I DO HAVE SOME CONTENT QUESTIONS.

YEP.

AND I'M SURE I TAKE, JUST SO THE BOARD KNOWS, I'M GONNA TAKE YOUR QUESTIONS AND THE QUESTIONS WE GOT BEFORE, I'M GONNA SUBMIT A WRITTEN RESPONSE TO THOSE COMMENTS.

AND A LOT OF THE STUFF HAS ACTUALLY ALREADY BEEN SUBMITTED.

SO I, I RESPONSE TO WHAT THE NEIGHBOR SAID.

THE STUDIES ARE HERE, BUT I WILL PULL THE SECTIONS OUT.

SO IT'S A GREAT CLEAR, UM, ON SUBMITTING WRITING, WE ARE SUBMITTING REVISED SET OF CIVIL PLANS, WHICH MATCHES THAT PLAN THAT I PULLED UP.

SO I'LL PUT THAT ALL TOGETHER TO SUBMIT THAT.

I, I HAVE A POINT OF QUESTION, AND I DON'T KNOW IF I SHOULD DO THIS WITH THE ATTORNEY OR IF I SHOULD DO IT TO MY FELLOW BOARD MEMBERS.

THERE HAVE BEEN SEVERAL MEMBERS HERE, SEVERAL RESIDENTS HERE THAT FELT THAT THEY WERE NOT CONTACTED.

UM, CAN WE ENCOURAGE THOSE RESIDENTS TO SPEAK WITH THIS GENTLEMAN AND GIVE THEM THEIR INFORMATION SO THEY CAN GET THAT INFORMATION?

[01:55:01]

THEY'RE SHAKING THEIR HEAD.

WE, WE HAVE TO STAY NEUTRAL WITH, WITH RESPECT TO THAT.

OKAY.

I AM HAPPY TO SPEAK TO ANY RESIDENTS.

UM, JUST SO YOU'RE AWARE, I HAD A, A GENERAL MEETING WHERE I INVITED ANYONE WHO COULD SPEAK UP A LITTLE BIT TODAY.

YES.

I, I, I HAD A GENERAL MEETING WHERE I INVITED ANYONE WHO WANTED TO COME.

I RENTED A BANQUET SENATE.

I MUST HAVE HAD MOST OF THESE PEOPLE, I RECOGNIZED THEM WERE AT THAT MEETING.

AFTER THAT MEETING, THE RESIDENTS IN THE NEIGHBORHOOD ABUTTING THE PROPERTY, REACHED OUT TO ME AND THEY FELT THEY WERE THE MOST IMPACTED NEIGHBORS.

AND THEY SET UP A MEETING WITH ME AND I WORKED WITH THEM BECAUSE THEY ARE THE CLOSEST NEIGHBORS TO THE, THE, THE, UM, THE PROJECT.

OKAY.

WELL HANG ON ONE SECOND.

WE, IT'S, WE'RE NOT GONNA GO ANY FURTHER WITH IT.

WHAT YOU NEED TO DO IS SUBMIT YOUR RESPONSES IN WRITING TO THE PLANNING BOARD OR TO THE PLANNING DEPARTMENT.

I'M SORRY.

AND THEN WE'LL WE'LL SEE YOU ON, WE'RE GONNA TABLE THIS.

I NEED A MOTION.

THANK A MOTION.

HOLD ON.

HOLD ON.

MOTION.

YOU, YOU STARTED ASKING IF WE HAD QUESTIONS FOR ADDITIONAL INFORMATION.

I DIDN'T.

WHY? WE HAVE THE PUBLIC HEARING OPEN.

ALL RIGHT.

AND THEN DIDN'T GIVE EVERY OPPORTUNITY TO ASK HER QUESTION.

SORRY, I DIDN'T HEAR THAT.

MARGO, DID YOU FINISH ASKING YOUR QUESTION? NO, I DIDN'T START YET.

OKAY.

OKAY.

, GO AHEAD.

I HAVE CONTACT QUESTION AND PROCEDURE, A PROCEDURAL POINT OF CLARIFICATION, WHICH WE WILL, I WILL NOT BE BESIDE ON AT THIS MOMENT IN TIME.

UM, SO I DID SPEND TIME WITH YOUR .

THANK YOU.

YOU'RE WELCOME.

ABRAHAM LINCOLN CAN DO OUR JOB.

WE CAN DO IT WITHOUT INTERNET.

UM, SO I HAD A QUESTION ON, UM, I DON'T THINK SO.

SECTION B WATER RESOURCE IMPACTS MM-HMM .

SUBSECTION D.

SO THE 2009 PROJECT WILL REQUIRE, LET'S CALL IT A MILLION GALLONS OF STORMWATER DETAINED.

AND THEN THE WAREHOUSE PROJECT WILL REQUIRE 5.7 MILLION GALLONS OF STORMWATER.

AND THEN THE CONCLUSION IS THAT THE WAREHOUSE PROJECT WILL BE PROVIDING APPROXIMATELY 5.5 TIMES THE AMOUNT OF STORAGE VOLUME FOR RAINWATER RUNOFF, WHICH WILL WORK TO REDUCE THE DISCHARGE RATE AND THE OVERALL IMPACT OF THE WAREHOUSE PROJECT TO LESS THAN 2009.

MM-HMM .

I GUESS I'M JUST LOOKING FOR SOME CLARIFICATION ON WHAT IS CAUSING THE FIVE TIME INCREASE IN STORMWATER RUNOFF.

AND THEN THE ANSWER IS PROVIDED THAT THE PROJECT IS PROVIDING 5.5 TIMES THE AMOUNT OF STORAGE FOR VOLUME, BUT YOU ARE CREATING FIVE TIMES THE VOLUME, SO YOU WOULD NEED FIVE TIMES THE VOLUME TO STORE IT.

SO I DON'T KNOW THAT THAT'S A, A MITIGATION AS OPPOSED TO A YOU HAVE TO DO THAT BECAUSE YOU'RE CREATING FIVE TIMES MORE STORM WATER.

I'LL LOOK INTO THAT AND CLARIFY THAT, PLEASE.

THANK YOU.

YOU'RE WELCOME.

AND THEN I WANTED TO CLARIFY AS WELL WHAT WE ARE ACTUALLY TALKING ABOUT WITH REGARD TO THE WETLANDS MM-HMM .

SO I HAVE A COUPLE OF QUESTIONS WHICH YOU SAID YOU DON'T WANT ANSWER, SO I'LL JUST KIND OF THROW THEM AT YOU.

BUT IF YOU WANT JUMP IN, PLEASE DO.

UM, SO A CO I ALSO WANNA CLARIFY THAT YOU SAID YOU PROVIDED TO US THE UPDATE THAT SAYS THERE ARE NO WETLANDS.

ARE YOU REFERRING TO THIS NOVEMBER 6TH LETTER? NOVEMBER 6TH LETTER.

OKAY, GREAT.

WE ARE TALKING FROM THE SAME PAGE.

YES.

SO WHAT I WANNA UNDERSTAND IS I DON'T THINK THAT WE HAVE A SITE PLAN THAT OVERLAYS THE PROJECT AND SHOWS THE WETLANDS.

AND SO I'M HAVING TROUBLE UNDERSTANDING EXACTLY WHERE THE WETLAND IMPACT MAY OR MAY NOT BE.

AND SO I WANNA UNDERSTAND WHAT THE ACTUAL IMPACT IS TO THE WETLAND.

AND THEN IF I FOLLOW YOUR WETLAND, UM, NUMBERS HERE, I I ULTIMATELY TRYING TO UNDERSTAND THE IMPACT AND, AND WHERE IT IS AS WELL AS THE JURISDICTION.

BECAUSE WE HAVE A NOTE FROM YOU TODAY IN WORDS AND IN THIS UPDATE LETTER THAT THERE IS NO IMPACT TO THE WETLANDS.

HOWEVER, THE EAF THAT YOU SUBMITTED SUGGESTS A 3.9 ACRE DECREASE IN WETLAND AREA.

SO THERE'S AN IMPACT IN THE WETLANDS SOMEWHERE THAT WAS FLAGGED BY THE MAPPER.

SO, AND I WILL, I'M HAPPY I'M GONNA PUT THAT IN WRITING.

OKAY.

AND I'LL GIVE YOU A BRIEF SUMMARY.

WHEN WE SUBMITTED THE PROJECT THAT WAS BEFORE THE SUPREME COURT CASE MM-HMM .

WHERE THEY, UM, IN EFFECT TOOK THESE WETLANDS OUT OF, UM, ARMY CORPS WITH JURISDICTION MM-HMM .

SO, AND THE WETLANDS, AND I WILL GET MORE OF A SUMMARY.

IT'S IN THAT LETTER WERE THE RESULT OF AN OLD STORMWATER DETECTION BASIN.

YES.

SO THEY WERE NOT, THEY WERE NOT ENVIRONMENTALLY LIKE, UM, HIGH QUALITY WETLANDS.

THEY'RE REMNANTS OF AN OLD STORMWATER BASIN.

SO WE HAD EARTH DIMENSIONS AFTER THE SUPREME COURT CASE CAME OUT AND THE JURISDICTION CHANGED FOR THE COURT GO BACK OUT BECAUSE OF WHAT YOU'RE SEEING IN THE OLD THING IS, IS WE HAD THIS MUCH JURISDICTION IN WILDLAND AND THOSE WILDLANDS WEREN'T IMPACTED BY THE LAST PROJECT.

SO THAT'S, THAT'S NOT A CHANGE.

THEY WERE JUST THERE AND THEY'RE THERE NOW.

AND WE HAD THEM BACK OUT AND WE SAID, ARE THESE JURISDICTIONAL? PLEASE GO OUT AND PLAY YOUR JURISDICTION.

SO THEY WENT OUT AND SAID THEY'RE NOT JURISDICTIONAL ANYMORE BASED ON THE NEW DEFINITION.

RIGHT.

AND THE NEXT QUESTION WAS, DO THEY MEET HAMBURG'S DEFINITION TO BE REGULATED MM-HMM .

RIGHT.

AND THEY HAVE DONE THAT BEFORE YOU, FOR YOU AND THEY, AND THEY CAME TO THE CONCLUSION THAT, THAT DO NOT MEET YOUR REQUIREMENTS TO BE REGULATED BY HAMBURG.

BUT WHAT I WILL DO IS I WILL LAY THEM OUT ON THE SITE PLAN SO YOU CAN SEE WHERE THEY ARE.

THEY'RE ACTUALLY, I LEAVE THEM THE FOOTPRINT OF ONE

[02:00:01]

WHERE THE BUILDING'S IN THE FRONT AND A VERY SMALL AREA.

I WILL HAVE, UM, I WILL HAVE EARTH DIMENSIONS TAKE A LOOK AT THOSE AND I'LL HAVE A CLARIFICATION TO PROVIDE FOR YOU.

GREAT.

SO I HAVE, I HAVE ONE MORE POINT TO ADD TO THAT BECAUSE I, I FOLLOWED YOUR LINE OF REASONING.

I AM UNDERSTANDING THE 2009 DELINEATION REPORT.

I HAVE TWO FURTHER QUESTIONS.

YEAH.

IT IDENTIFIES SIX WETLANDS.

YEAH.

WETLAND THREE, FOUR, AND FIVE, STREAM ONE AND TWO AS WELL AS WETLANDS 1, 2, 6, AND POND ONE.

YEAH.

PER THE REPORT, ONE, TWO, AND SIX ARE NOT LIKELY, NOT JURISDICTIONAL, ONE OF THEM BEING A LEFTOVER SWAMP WATER POND.

AND THEN THIS LETTER THAT YOU PROVIDED TO US ONLY SPEAKS TO WETLANDS ONE, TWO, AND SIX.

NO, IT DOESN'T ACTUALLY REFER TO WETLANDS THREE, FOUR AND 5 3 4 5, WHICH MAY HAVE BEEN JURISDICTIONAL, HAD THIS GONE TO THE ARMY CORPS.

YEAH.

WHICH AS OF NOVEMBER 6TH, THIS HAS NOT GONE TO THE ARMY COURT FOR FORMAL DELINEATION.

AND THAT'S, THAT'S IN THE 2009 REPORT.

SO THE 2009 REPORT SAYS SUBMIT THIS REPORT TO USC FOR A, FOR A JD AND THEN YOUR NOVEMBER 6TH LETTER SAYS, AS OF NOVEMBER 6TH, YOU HAVEN'T GOTTEN IT YET.

AND I DIDN'T HAVE THE ONES LAID OUT, BUT AFTER THE 2009 PROJECT, WE WENT IN AND DID SOME WORK WHERE WE FILLED SOME OF THE, LET LAND.

SO IT'S POSSIBLE THAT THREE, FOUR AND FIVE NO LONGER EXISTS.

OKAY.

AND I, I'M NOT SAYING THAT 'CAUSE I DON'T HAVE THE PLAN IN FRONT ME.

SURE.

BUT WE DID, THERE WAS SOME AREA WHERE THERE WAS, UM, THEY WERE NOT JURISDICTIONAL.

WE, WE WENT WITH THE ARMY CORPS MM-HMM .

AND WE WENT OUT AND WE LEVELED THAT OUT 'CAUSE THEY WERE STANDING WATER.

SO I WILL GO BACK AND TAKE AND TAKE A LOOK AT THAT.

OKAY.

AND, AND THAT CLARIFY, BUT THAT'S LIKE THE DIFFERENCE BETWEEN 2009 AND NOW.

THAT MIGHT BE WHY THERE'S A DIFFERENCE IN KNOW WE'VE SEEN COMMENTS, I WENT TO BREAK.

SURE.

YEAH.

I THINK THAT WOULD BE A REALLY, SO I, I'LL TAKE A LOOK AT THAT AND HAVE THAT CLARIFY.

YEAH.

FILL THOSE COMMAND, LET ON THE PLAN SO YOU CAN SEE WHERE THEY ARE AND I'LL HAVE HER MET AND SHE'S CLARIFIED.

GREAT.

I WOULD ALSO LIKE A CLARIFICATION ON, UM, TO DATE WE HAVE NOT RECEIVED THE REQUESTED APPROVED JV.

SO IT SOUNDS LIKE YOU DID APPLY TO THE ARMY COURT FOR A JURISDICTIONAL ANALYSIS.

AND IN PARTICULAR, WHEN WE GO BACK TO THE LOVELY DOCUMENT THAT YOU MADE FOR US FROM 2009 TO 2004, IT SAYS THAT THERE'S NO CHANGE IN IMPACT BECAUSE IN 2009 YOU WERE NOT FILLING ANY WETLANDS PERIOD.

MM-HMM .

2024 SAYS, WE ARE NOT FILLING ANY WETLANDS IN THE SOUTHWEST CORNER.

MM-HMM .

THE SOUTHWEST CORNER, HAVING THESE MYSTERY WETLANDS OF THREE, FOUR, AND FIVE, WHICH CURIOUSLY ENOUGH ALSO OVERLAP A STREAM, WHICH WOULD GIVE THEM A CONTINUOUS SURFACE CONNECTION.

I WILL DEFINITELY CLARIFY THAT INFORMATION FOR YOU.

SO DON'T I, THIS BINDER AND I REALLY APPRECIATED IT.

THANK YOU.

CINDY CAN ASK SOME FOLLOW UP QUESTIONS.

YEAH.

SO THAT WOULD FOLLOW ON.

SO BASED ON ONE, THE RESPONSES THAT YOU JUST GAVE AND WHAT MARGO JUST READ MM-HMM.

WE WERE NOT IMPACTING WETLANDS IN THE 2009 REPORT, BUT YOU HAVE STATED THAT THEY WERE FILLED.

CAN YOU PROVIDE THE DOCUMENTATION FOR THE PERMITS FROM THE ARMY CORPS FOR THE FILLING OF THOSE WETLANDS? WE FILLED WETLANDS THAT WERE NON-JURISDICTIONAL BACKEND.

SO I I WILL, I WILL PUT THAT ALL TOGETHER.

UM, AFTER THE 2009 PROJECT, WE WENT IN AND DID SOME WORK.

WE HAD, YOU KNOW, TOWN PERMITS TO, TO FILL AND, UM, WE FILLED THINGS THAT WERE NON-JURISDICTIONAL THAT WERE WATER.

BUT I WILL HAVE ALL THAT CLARIFIED AND PROVIDE A DOCUMENT.

I MEAN THAT'S, THAT'S WHAT I, RIGHT NOW I CAN'T ANSWER THAT.

OKAY.

I, YOU KNOW, I'M NOT GONNA READ THROUGH IT RIGHT NOW, BUT I'LL PROVIDE IT TO THE PICTURE.

HOPEFULLY THEY WERE CLEAR ENOUGH QUESTIONS.

AND THEN THE OTHER PIECE IS THAT OH YEAH.

ONE QUESTION.

YEAH.

SO THE SECOND PIECE IS, IS FOR THOSE WETLANDS THAT ARE NOT FEDERALLY JURISDICTIONAL YEAH.

OR MARGO KNOWS WHERE I'M GOING OR THEY, WE HAVE THE TOWN WETLAND LAW.

YES.

AND I GUESS WE WOULD PERHAPS NEED SOME ADDITIONAL ANALYSIS ON THE PRESERVATION UNDER THE TOWN WETLAND LAW BECAUSE WE ARE ENCOURAGED UNDER THAT LAW TO AVOID AND MINIMIZE IMPACTS WETLANDS AND EARTH MENTIONS.

DID, UM, WRITE THAT IN THERE IN NOVEMBER SIX LETTER, THEY DID INCLUDE SOME OF THE CRITERIA IN THE SECOND PARAGRAPH.

THEY DIDN'T HIT ALL OF THE CRITERIA IN THE WETLAND LAW.

THEY DIDN'T HIT ON THE UNIQUENESS OF THE PROJECT BEING SUCH THAT YOU NEED TO FILL THIS.

AND THEN, BECAUSE WE ALREADY HAVE AN EIS THAT'S FOR A DIFFERENT PROJECT, WE DON'T HAVE AN ALTERNATIVES ANALYSIS.

SO WE DON'T HAVE ANY INFORMATION TO LOOK AT OPTIONS THAT MAYBE WOULD IMPACT THE WETLANDS LESS.

YEP.

SO I'M JUST PUTTING THAT ON THE RADAR TOO, PROBABLY FOR CONVERSATION ON THE 21ST AND, AND IT'S NOT A PROBLEM.

WE'LL LAY THAT ALL OUT.

GREAT.

AND, UM, THANK YOU.

YEP.

OKAY.

I'M DONE.

I'M SORRY.

UM, SO I HAVE A QUESTION, BUT FOR THE SAKE OF BREVITY, I WANT MY RESPONSES IN THE MEETING AS OPPOSED TO A SUMMARY.

OKAY.

UM, THE CONSERVATION ADVISORY BOARD INDICATED THAT PART OF THE LAND SHOULD BE CONSIDERED FOR PRESERVATION.

I'D LIKE MORE INFORMATION ABOUT EXACTLY WHICH LAND, UH, WHO IDENTIFIED IT AS SHOULD BE CONSIDERED FOR PRESERVATION AND WHY.

UM, I DON'T, MAYBE I WOULD LOOK IN THE WRONG SPOT.

I DIDN'T SEE THE CONSERVATION ADVISORY BOARD'S MEMO IN SHAREPOINT.

I DON'T KNOW IF WE GOT IT BEFORE TODAY OR NOT.

MM-HMM .

SO I JUST WANTED MORE INFORMATION ABOUT THAT PART OF THE CABS MEMO FROM WHICHEVER SOURCE IS AVAILABLE TO GIVE IT.

THAT'S NOT FROM US THOUGH.

WELL, IF YOU, IF YOU UNDERSTAND WHAT I MEAN, IF YOU KNOW THE PIECE OF LAND THAT THEY'RE TALKING ABOUT, THEN YOU WOULD BE ABLE TO PROVIDE IT.

I DON'T KNOW WHAT MAN THEY'RE TALKING ABOUT.

WE, WE PUT A LOT OF THIS INTO CONSERVATION EASEMENTS.

CORRECT.

ANYTHING ELSE? ANYONE ELSE? OH WAIT.

I WANTED TO THANK PETER FOR HIS,

[02:05:01]

UH, POWERPOINT.

THAT WAS A LONG TIME AGO.

I FORGOT.

BUT, UH, THAT WAS, RESIDENTS DON'T ALWAYS DO THAT.

THAT WAS VERY HELPFUL.

I WAS VERY, I APPRECIATED THAT A LOT.

THANKS PETER.

OKAY.

ANYTHING ELSE? I HAVE A CLARIFYING QUESTION.

SO YOU LEFT THE PUBLIC HEARING OPEN.

ARE YOU LEAVING OPEN TO THE NEXT MEETING YOU HAVE? FINALLY? WHAT ARE WE DOING? LEAVE IT OPEN UNTIL THE NEXT MEETING AND THEN AT THE NEXT MEETING WE CAN MAKE A DECISION AS AT THIS POINT I WOULD LEAVE IT OPEN UNTIL, DO WE HAVE ROOM ON THE SCHEDULED FOR THE 21ST? YEAH.

CAN I ASK FOR IT NOT TO BE ON THE 21ST? I'M NOT AVAILABLE THAT NIGHT.

WHEN WOULD YOU LIKE IT TABLED FOR THE, MAYBE THE NEXT MEETING.

NEXT MEETING IS THE 6TH OF MARCH.

IT WOULD BE MARCH 6TH THEN.

THAT IT IS PERFECT.

AND THAT GIVES US TIME PUT TOGETHER.

I WANT TO GIVE YOU INFORM THE 21ST SO IT GIVES YOU SEE TIME TO DO THAT.

I APPRECIATE THAT.

YOU'RE WELCOME.

SO WE'LL GO AHEAD AND PUT IT FOR THE SIXTH THEN.

SO MARCH.

OKAY.

ARE LEAVING THE PUBLIC HEARING OPEN UNTIL THEN AS WELL.

WE'RE GONNA LEAVE THE PUBLIC HEARING.

CAN I HAVE A MOTION FOR THAT? DO I NEED A MOTION TO LEAVE THE PUBLIC HEARING OPEN AND I, I THINK YOU JUST NEED TO NOT CLOSE IT.

RIGHT? OKAY.

ALL RIGHT.

MOTION.

YOU NEED A MOTION PUT MOTION TO TABLE.

TABLE IT.

STILL OPEN? NO, I, THE NOT ABOVE.

I'LL MAKE THE MOTION WE TABLE TILL MARCH 6TH.

SECOND.

SECOND.

OKAY.

IT'S BEEN MOTION AT BY DENNIS CHAPMAN AND SECOND BY UM, BILL CLARK.

ALL THOSE IN FAVOR? AYE.

AYE.

ON THE SIXTH, MARCH THE SIXTH, THE BOARD'S GONNA ENTERTAIN A FIVE MINUTE BREAK TO EVERYBODY TO STRETCH THEIR LEGS.

AND WE'LL BE BACK HERE IN FIVE MINUTES IF YOU WANNA SIGN UP TO SPEAK ON THE NEXT ONE.

YEAH, YEAH.

JUST SO YOU KNOW, WEBSITE LEADING CHARGE DOWN MY CARDS, MY, MY KNEES AS FAR AS CONCERNED.

THANK YOU.

I APPRECIATE YOU.

SO GETS I SIGN IN HERE? ARE YOU SURE? DID YOU LEARN ANYTHING TONIGHT? THIS WHOLE UH, SITUATION? UM, I'M SIGNING LUNCH AND READY TO MY NAMES IF I REMEMBER MY NAMES.

THERE'S ONLY ACTUALLY ALL THE CASES.

I MEAN,

[02:14:45]

THANK YOU FOR THAT.

I APPRECIATE THE COOPERATION.

SO OUR FINAL MEETING, OUR FINAL PUBLIC HEARING TONIGHT IS FOR ALCHEMY SHORES

[02:15:01]

REQUESTING A SITE PLAN APPROVAL OF A MIXED USE CENTER TO BE LOCATED AT 3 7 8 0 UBER ROAD.

I'M GONNA TAKE A MINUTE HERE BEFORE I CALL THE PETITIONER UP.

I KNOW THERE'S A LOT OF PEOPLE THAT WAITED THIS EVENING TO COME AND VOICE THEIR CONCERNS.

I WANT TO REMIND YOU THAT THE PLANNING BOARD TONIGHT IS SIMPLY VOTING ON A SITE PLAN APPROVAL.

WE DON'T HAVE ANY JURISDICTION ON ANYTHING ELSE.

AND IF YOU HAVE ANY OTHER CONCERNS OR QUESTIONS, I'M GONNA SEND YOU BACK TO THE TOWN BOARD.

THAT IS, THIS IS THE ONLY THING WE'RE VOTING ON THIS EVENING IS THE SITE PLAN, UM, APPROVAL.

AND WITH THAT, REVIEWING IT, NOT VOTING TONIGHT, CORRECT? NOT VOTING, DISCUSSING REVIEW IT.

THE ONLY THING WE'RE DISCUSSING TONIGHT IS THE SITE PLAN APPROVAL.

THANK YOU.

YEAH.

WE'RE NOT MAKING A FINAL VOTE TONIGHT, BUT THE ONLY THING THAT'S BEFORE US, LET ME PUT IT THAT WAY, IS THIS SITE PLAN.

WE DON'T HAVE ANYTHING ELSE IN FRONT OF US.

WE COULD DEPEND ON HOW IT GOES.

WE'VE GOT A RESOLUTION THEN WE CAN'T.

UM, OKAY.

SO BASED ON THAT, UM, CALLING THE PETITIONER FOR ALCHEMY SHORES REQUESTING A SITE PLAN APPROVAL OF AMID USE CENTER TO BE LOCATED AT 3 7 8 0 HOOVER ROAD.

GOOD EVENING.

BOARD C PUBLIC.

I'M HERE.

I'M THE ONE OF THE OWNERS OF THREE SEVEN ROAD.

WE ARE PROPOSING TO DO AN EVENT SPACE ON, COULD YOU PLEASE STATE YOUR NAME AND SPELL IT FOR THE RECORD? YES.

PJ MACINTOSH.

M-C-I-N-T-O-S-H.

THANK YOU.

AND YOU ARE PROPOSING AN EVENT SPACE ON A ZONED, IT USED TO BE A ZONED INDUSTRIAL, UM, PARCEL THAT SITS IN ABOUT 3.7 ACRES OF LAND.

UM, ON THE LAKEFRONT PROPERTY, WE HAVE AN EXISTING BUILDING ON THE PARCEL OF LAND THAT IS ROUGHLY 8,700 SQUARE FEET.

UH, WE ARE PROPOSING TO USE THAT 8,700 SQUARE FEET AND HALF OF IT TO BE, UH, USED FOR STORAGE AND HALF OF IT TO BE USED FOR IN INTERIOR EVENT SPACES IN SPACE.

UM, BLESS YOU.

THANK YOU.

WE HAVE AN 83 PARKING, 83 STALL PARKING SPOT, UH, TO THE RIGHT OF THE WAREHOUSE RIGHT NOW WITH THE A DA COMPLIANT, UH, CONCRETE, UM, PARKING STALL AS WELL.

WE HAVE A DUMPSTER ENCLOSURE TOWARDS THE SOUTHWEST OR SOUTHEAST, SORRY, UM, OF THE PARKING PARKING LOT.

WE HAVE PROPOSED SOME, UM, BARBECUE BALL COURTS OR JUST SAND ANY TYPE OF GAME SAND COURTS THAT ARE ON THE NORTH SIDE OF THE PARCEL WITH A SUN DECK.

UM, RIGHT ADJACENT TO IT FACING THE LAKE.

WE HAVE A 40 FOOT BOARDWALK THAT WALKS OUT TO THE BEACH FROM A GRAVEL, UH, PATHWAY THAT CONNECTS IT FROM THE WAREHOUSE TO THE, UH, BOARDWALK.

THERE IS, UH, PLENTY OF EXISTING TREES THAT ARE ON THE LAND THAT WE DO NOT, UH, PLAN ON TAKING DOWN.

UM, THERE'S SOME THAT ARE GOING TO, THAT ARE PLANTED RIGHT WHERE THE PARKING LOT IS GOING.

AND WE ARE PLANNING ON REPLANTING THOSE ON THE TWO FOOT BERM THAT IS ADJACENT TO THE, UM, WEST NEIGHBOR.

UM, AND WE PLAN ON DOING A TWO FOOT BURN THERE WITH AN EIGHT FOOT BOARD ON BOARD FENCE.

UM, TO SEPARATE THAT AS MUCH AS POSSIBLE, WE MOVED EVERYTHING FROM ALL THE EVENTS, BASICALLY AS FAR AWAY AS POSSIBLE TO OUR ADJACENT NEIGHBOR AS YOU'RE TRYING TO, UH, KEEP THEM IN MIND.

UM, WE ALSO, UH, HAVE A, A LITTLE GRAVEL SPOT THAT'S BACKING ONTO THE PARKING LOT THAT'S BASICALLY THERE FOR, UH, JUST A FOOD TRUCK STATION SO WE'RE NOT PARKING ON GRASS AND STUFF LIKE THAT.

UM, DURING EVENTS, 'CAUSE DURING EVENTS PEOPLE LIKE TO HAVE FOOD TRUCKS AND STUFF WHERE, UM, OR , WHATEVER.

UM, I THINK WE HAVE, UH, THE EXISTING BUILDING HAS, UH, STORM WATER THAT'S RUNNING ONTO MY ADJACENT NEIGHBOR'S PROPERTY.

UM, IS AGAIN, THE BUILDING'S A HUNDRED YEARS OLD, SO IS THAT'S HOW IT WAS.

WE PURCHASED THE PROPERTY A YEAR AGO.

UM, WE PLAN ON TAKING THOSE DOWNSPOUTS, CUTTING THEM AND RUNNING SCHEDULE 40 PIPE ALONG THE BUILDING, UM, ON THAT BACKSIDE AND DISPERSING WATER, PERFORATED PIPE ALONG THE LANDSCAPING WITH THAT TWO FOOT BURN I TALKED ABOUT AGAINST THAT BOARD ON BOARD FENCE.

UM, THAT'S ALL IN THE NOTES ON THE SITE PLAN AS WELL.

UM, AND I THINK I TOUCHED BASE ON EVERYTHING THAT I WOULD LIKE TO SPEAK ABOUT.

DO YOU GUYS HAVE ANY QUESTIONS? LEMME KNOW.

THANK YOU.

THANK YOU.

READ THE NOTICE FOR THE PUBLIC HEARING.

THANK YOU.

[02:20:01]

NOTICE IT'S HEREBY GIVEN THAT THE TOWN OF HAMBURG PLANNING BOARD WILL CONDUCT A PUBLIC HEARING ON A PROPOSAL BY ALCHEMY SHORES FOR A MIXED USE CENTER TO BE LOCATED AT 37 80 HOOVER ROAD.

THE PUBLIC HEARING WILL BE HELD ON FEBRUARY 7TH, 2024 AT 7:00 PM IN ROOM SEVEN B OF HAMBURG TOWN HALL.

OKAY.

AT THIS TIME, IS THERE ANYONE HERE THAT WISHES TO SPEAK? UM, WE HAVE A SIGNED IN LIST.

YEP.

OKAY.

DO YOU WANNA MAYBE BEN? BEN .

JESUS.

TAMMY, YOU'RE HIRING THE INTERNET SEEMS TO BE .

IT IS IN CASE YOU WANNA PULL IT INTO PUBLIC SERVICE NOW.

INTERNET SEEMS TO BE WORKING.

EXCUSE.

THAT'S WHY IT'S WORKING.

OKAY THEN GO AHEAD.

UM, CAN YOU SPELL YOUR NAME TOO? UH, JAMIE, J-A-M-I-E.

VAN ARSDALE, V-A-N-A-R-S-D-A-L-E.

THANK YOU.

UM, I WANT TO TELL YOU FOLKS, I ADMIRE YOU FOR TAKING ON ALL THESE PROBLEMS AND SITUATIONS THAT COME UP IN THIS TOWN.

I DON'T ENVY YOUR POSITIONS.

UM, AND WE, UH, WE ARE THE NEXT DOOR NEIGHBORS TO THE ALCHEMY SITE ON THE SOUTH SIDE AT 37 82 HOOVER ROAD.

UM, AT ONE POINT, UH, THE ALCHEMY SITE WAS, UH, SNYDER TANK PROPERTY.

UM, WE'VE HEARD IN THE PAST, I, WE DON'T HAVE EXTRA INFORMATION, BUT WE'VE HEARD THERE ARE HIGH, LE HIGH LEVELS OF LEAD AND OTHER TOXIC CHEMICALS, UM, IN THE SOIL.

WE'RE ASKING IF THERE'S BEEN REMEDIATION, IF THERE HAVE BEEN SOIL SAMPLES, AND IF WE COULD HAVE ACCESS TO THE SOIL SAMPLES.

IF THERE HAVE BEEN.

UM, AS IMMEDIATE, UH, NEXT DOOR NEIGHBORS TO THIS LONG TIME SITE, UH, INDUSTRIAL SITE, WE'RE REALLY INSISTING THAT ANY OUTSIDE SOIL BE BROUGHT IN, UH, DO THE, TO BUILD A BERM ON THE SITE TO KEEP RAIN WATER IN SUCH A WAY, UH, BE BROUGHT IN FROM OFF OFFSITE.

I DON'T TRUST THE GROUND THERE.

I, UM, ANOTHER THING WE DO ANTICIPATE THAT SECTIONS OF OUR 550 FOOT SHARED PROPERTY LINE WITH THE ALCHEMY SITE WILL BE BREACHED BY ALCHEMY GUESTS, UM, IN THE EVENINGS AND OR ON CROWDED BEACH DAYS.

AND WERE EXPRESS, EXPRESS EXPRESSLY ASKING FOR SOME KIND OF SECURITY.

UH, ANOTHER ISSUE.

THERE HAVE BEEN SOME PRETTY GOOD ICICLES AND SNOW SLIDES OFF OF THEIR ROOF, UH, WHICH IS AN 8,670 SQUARE FOOT WAREHOUSE WITH, UH, BOUNDARY LINE RIGHT NEXT TO IT.

UH, WE'VE HAD LOTS OF PILES OF LICENSE SNOW COME OFF THE ROOF.

I HOPE SOME MEASURES WILL BE TAKEN TO MINIMIZE THIS.

UM, QUESTIONS WE HAVE, ARE THERE GOING TO BE PENS SET UP ON THE PROPERTY FOR EVENTS? IF SO, WHAT SIZES? WONDERING WHERE THEY MIGHT BE? UH, WILL THERE BE ITEMS AT THE PROPERTY SUCH AS BOUNCE HOUSES? UH, LARGE BLOWUP SLIDES, UH, UTILIZED DURING EVENTS.

UH, THERE WAS A SURVEY, UH, DONE BY MACINTOSH AND MACINTOSH.

UH, ON, ON THAT SURVEY THERE'S A STATEMENT INDICATING THERE AREN'T SUFFICIENT RECORDS TO AUTHENTICATE THE SURVEY.

WE HAVE NUMEROUS EXAMPLES FROM HAMBURG ASSESSOR'S OFFICE, JOSH ROGERS REAL ESTATE SEARCH INDICATING THAT WOODLAWN STATE PARK SOUTHERNMOST TIP OCCUPIES THE WATERFRONT LAND IN FRONT OF 37 80 HOOVER ROAD AND ENDS AT OUR

[02:25:02]

PROPERTY.

THE PARK ENDS AT OUR PROPERTY.

UM, IT'S WITH DEEP REGRET THAT I'M HERE TONIGHT.

PLEAD OUR CASE AS A HAMBURG RESIDENT CONCERNING THIS EVENT CENTER.

IT'S BEEN EXTREMELY, UH, STRESSFUL FOR MY WIFE AND MYSELF TO BE SUBJECT SUBJECTED TO CHANGING ZONING REGULATIONS WHICH AREN'T VERY CLEAR YET.

ENDLESS BOARD MEETINGS WITH LITTLE TRANSPARENCY AT TIMES.

SITE PLAN DELAYS FALSE INFORMATION BEING PRESENTED ON SEEKER APPLICATION WITH NO CONSEQUENCES.

AND TOP IT ALL OFF.

COMING HOME FROM THE TOWN BOARD MEETING MONDAY NIGHT, WE HAD A WINDOW KICKED IN AT OUR PROPERTY.

UH, WE'RE WONDERING WHAT HAS HAPPENED AND WHAT IS GOING TO HAPPEN TO PEACEFUL ENJOYMENT IF ALL HAMBURG WANTS IS NEW BUSINESS TO BE GETTING RID OF SOME OF THE RESIDENCES AS, UH, AS MANY AS YOU POSSIBLY CAN.

IF WE'RE GOING TO MAKE RULES.

HOW ABOUT A LITTLE ENFORCEMENT, SOME KIND OF CONSEQUENCES TO PROTECT YOUR CITIZENS? IT'S SOMETHING I'VE HEARD TIME AND TIME AGAIN.

WELL, WE DON'T HAVE ANY CONSEQUENCES, SO WE'RE NOT GONNA USE THEM.

WE PRESENTED THE BOARD WITH THE SOUND STUDY WHILE WE'RE WAITING FOR THE SITE PLAN TO BE PUBLISHED.

NOW THAT THE UPDATED SITE PLAN HAS APPEARED, I BELIEVE A MORE ACCURATE SOUND STUDY SHOULD BE DONE BY AN APPROVED COMPANY.

NO AMPLIFIED MUSIC SOUNDS GREAT, BUT WE'RE ALREADY BEING ASSAULTED BY THE COWBOY BAR AT UNREASONABLE LEVELS OF OF NOISE.

IN CLOSING, IF WE HAVE NO CONSEQUENCES, WE HAVE NO RULES.

THANK YOU.

SO WE HAVE LYNN BRAUN FOR HER REPRESENTATIVE.

AGAIN, PLEASE STATE YOUR NAME AND SPELL IT FOR OUR RECORDING SECRETARY PLEASE.

MY NAME IS TAYLOR BRAUN, T-A-Y-L-O-R-B-R-A-U-N.

AND I'M SPEAKING ON BEHALF OF LYNN BRAUN WHO COULD NOT MAKE IT, BUT SHE IS WATCHING VIA ZOOM.

UM, SO WHAT I'M SAYING, SHEILA GOT IT.

UH, I ATTENDED THE SITE PLAN VISIT ON UH, JANUARY 3RD, 2024.

ONCE AGAIN, I WAS IMPRESSED, THANKFUL, AND EXCITED ABOUT ALL THE QUESTIONS YOU ASKED THE OWNERS OF ALLEGHENY OR ALCHEMY REGARDING THE PRIVATE EVENT CENTER.

IT SOUNDS TO ME LIKE SOME OF YOU AND TO US THAT EVERY DAY WILL BE A PRIVATE EVENT.

ISN'T THAT A BAR? WE NEED A SOLID DEFINITION ON PRIVATE EVENTS.

IF YOU HOLD THE VOLLEYBALL TOURNAMENT, ARE ONLY THE PARTICIPANTS ALLOWED OR IS THE PUBLIC VOTERS PULLING UP TO SHORE AND GOING THERE? IS THAT A PRIVATE EVENT? SOUNDS LIKE THE PUBLIC IS VERY WELCOME.

THIS IS A VERY SLIPPERY SLOPE.

WITH THAT BEING SAID, WE ALSO OPPOSE THE SAND COURTS.

AS DENNIS STATED IN THE LAST MEETING.

HOW DOES SEASONAL VOLLEYBALL, BOCCE BALL, AND HORSES SHOES BECOME A PRIVATE EVENT? ARE THOSE NOT SPECTATOR SPORTS? THE BODY LANGUAGE AND THE INABILITY OF THE ALCHEMY OWNERS TO ANSWER THE QUESTIONS THAT WHEN ASKED BY THE PLANNING BOARD REGARDING PUBLIC ACCESS FOR THE EVENTS WAS BOTHERSOME.

IF THEY DON'T EVEN HAVE A PLAN NOR UNDERSTAND WHAT A PRIVATE EVENT CENTER IS, THEN HOW CAN THEY BE EXPECTED TO ACT ON IT? IF IT LOOKS LIKE A DUCK, IF IT QUACKS LIKE A DUCK, IT'S PROBABLY A DUCK.

THIS LOOKS LIKE A BAR.

THIS SOUNDS LIKE A BAR.

IT'S PROBABLY A BAR.

THIS SPACE CANNOT MOVE FORWARD UNTIL THE TOWN AND THE OWNERS KNOW THE DEFINITION OF A PRIVATE EVENT CENTER.

ALSO, THIS SITE PLAN PROPOSAL WAS NOT THE ONE THAT WAS PRESENTED TO THE LWRP.

SO IT LOOKS TO ME LIKE THIS SHOULD GO BEFORE THE LWRP AGAIN FOR FURTHER REVIEW.

THE PROPOSED WOODEN DOCK GRAVEL PATHWAY AND THE CONCRETE WALKWAY SO CLOSE TO THE STORM SURGE HAS THIS VERY CONCERN.

ONE STORM IN THE WOODEN DECK AND CONCRETE SLABS GO INTO THE LAKE.

WE'VE ALL SEEN AND KNOW HOW SERIOUS THE STORM SURGE IS AND THE SEVERE DAMAGE THAT IT CAN DO.

WILL THE WOODEN BOARDWALK BE REMOVABLE? THIS IS A VERY, THIS IS VERY CONCERNING AND WE DEMAND THAT THE ARMY CORPS OF ENGINEERS LOOKS AT THIS OR WHATEVER APPROPRIATE ENTITY WOULD BE RESPONSIBLE FOR ENSURING THE QUALITY OF THESE STRUCTURES.

SEVERAL OF OUR HOOVER ROAD BREAK WALLS HAVE PREVIOUSLY SUSTAINED

[02:30:01]

SEVERE DAMAGE BY CONCRETE COMING LOOSE FROM THE COWBOY, CRASHING INTO OUR STRUCTURES DURING A STORM.

WE FILED A REPORT WITH THE DEC.

IF YOU'RE LOOKING FOR MORE INFORMATION REGARDING THAT, I WOULD LIKE TO ADD SOMETHING TO THAT TOO FROM MYSELF.

SOMEONE WHO'S LIVED ON THE LAKE AT 37 84 HUBER ROAD, MOST OF MY LIFE I UNDERSTAND BETTER THAN MOST THE DESTRUCTIVE POWER THE LAKE HAS.

THERE'S A REASON NONE OF US ON THAT STRETCH HAVE ANYTHING PERMANENT ON THE LAKE.

WE'VE GOT A LOT MORE FRONTAGE FOR THE WAVES DISSIPATE BEFORE THEY GETS TO ANYTHING.

WE HAVE.

WE LEARNED A LONG TIME AGO, YOU DO NOT PUT ANYTHING THAT YOU CANNOT EASILY REMOVE ON THE BEACH 'CAUSE THE LAKE WILL SWALLOW IT UP, CHEW IT UP, AND SPIT IT BACK OUT.

THANK YOU FOR YOUR TIME.

APPRECIATE IT.

HELLO, MY NAME IS NICOLE BRAUN, B-R-A-U-N.

I RESIDE AT 37 90 HOOVER ROAD.

I'M SPEAKING TODAY TO VOICE MY CONCERNS ABOUT THE SITE PLAN, ALCHEMY SHORES AS SUBMITTED FOR CONSIDERATION IN THE TOWN'S EYES.

WHAT IS AN EVENT CENTER SPECIFICALLY? WHAT IS THE DIFFERENCE BETWEEN A BAR AND AN EVENT CENTER? IF I'M BEING HONEST, I WOULD RATHER NOT LIVE NEXT TO EITHER ONE OF THEM.

BOTH AN EVENT CENTER AND A BAR PROMISE TO BRING CROWDS OF POTENTIALLY ROWDY DRUNKEN PEOPLE TO MY OTHERWISE QUIET AND PEACEFUL NEIGHBORHOOD.

I'M SURE THAT NO ONE ON THE PLANNING BOARD IN FRONT OF ME WOULD HAPPILY CONSENT TO EITHER OF THESE TYPES OF ESTABLISHMENT PUNKED DOWN THREE FEET OUTSIDE OF THEIR LIVING ROOM.

STILL AN EVENT CENTER THAT PRIMARILY OPERATES A FEW MONTHS OUT OF THE YEAR, A FEW DAYS PER WEEK WOULD BE PREFERABLE TO A PUBLICLY ACCESSIBLE DRINKING ESTABLISHMENT.

AND THAT'S WHAT WE WERE TOLD.

ALCHEMY SHORES WOULD BE A VENUE FOR WEDDINGS, END OF LIFE CELEBRATIONS AND THE OCCASIONAL YOGA CLASS IN THE SUMMER.

THE SITE PLAN THAT WE HAD A CHANCE TO HEAR ABOUT AND REVIEW IS UNEQUIVOCALLY NOT THAT INSTEAD OF FOCUSING ON LIMITED INDOOR PRIVATE EVENTS, IT INTRODUCES VOLLEYBALL COURTS, GAMING COURTS, MOBILE SANDBAR, FOOD TRUCK STAGING, AND OTHER AMENITIES MEANT TO ATTRACT, ATTRACT LARGE GROUPS OF OUTDOOR GUESTS.

IN FACT, THE MAJORITY OF THE PARCEL IS DEDICATED NOT TO PRIVATE EVENTS, BUT TO PUBLIC DRINKING AND RECREATION.

MY POINT, MY POINT THAT WHAT YOU'RE BEING PRESENTED WITH IS NOT REALLY AN EVENT CENTER AT ALL.

THE APPLICANT CALLED IT AN EVENT CENTER IN ORDER TO SQUEAK THROUGH THE REZONING PROCESS AND THEN PRESENTED YOU WITH A RUN OF THE MILL BEACH BAR THAT COULD EASILY BECOME DISRUPTIVE OUT OF HAND AND DAMAGING TO OUR QUALITY OF LIFE DOES NOT WHAT THE NEIGHBORHOOD AGREED TO TOLERATE AND IS CERTAINLY NOT WITH THE TOWN BOARD APPROVED WHEN THEY ALLOWED THE REZONING TO GO FORWARD.

THE SITE PLAN SHOULD BE CONTAINED, CRITIQUED, AND AMENDED BY THE APPLICANT SO THAT IT ACTUALLY FITS THE DESCRIPTION OF AN EVENT CENTER.

INSTEAD OF ATTEMPTING TO SNEAK A BAR INTO THE NEIGHBORHOOD PAST THAT, I STRONGLY URGE THAT THE TOWN SHOULD ASK THE APPLICANT TO PROTE PRESENT AN UPDATED SITE PLAN AND THEN SCHEDULE ANOTHER PUBLIC HEARING AFTER THAT.

IT RECENTLY CAME TO MY ATTENTION AND RECENTLY, I MEAN HOURS AGO, THAT THE APPLICANT HAS ACTUALLY DRAMATICALLY ALTERED THEIR SITE PLAN AND RESUBMITTED IT AS OF LAST FRIDAY.

AND THEN MYSELF AND MY NEIGHBORS ONLY RECEIVED COPIES OF THIS UPDATED IN THE LAST 24 HOURS BECAUSE WE ASKED FOR IT.

THE ONE THAT WE RECEIVED DID NOT LOOK LIKE THAT WHEN WE ASKED FOR IT RECENTLY.

THAT WAS NOT THE ONE WE RECEIVED.

WE SHOULD HAVE THE OP IT WAS SENT TO US AGAIN.

THANK YOU.

BUT THAT'S NOT THE ONE THAT, UH, SOME OF OUR SPEECHES WERE BASED OFF OF.

WE SHOULD HAVE THE OPPORTUNITY TO REVIEW THIS PLAN, HEAR FROM THE APPLICANT, AND THEN SAY OUR PIECE IN ANOTHER PUBLIC HEARING WITHOUT THE OPPORTUNITY.

HOW CAN THIS CURRENT PUBLIC HEARING BE SAID TO BE SUFFICIENT? WE ARE REACTING TO INFORMATION THAT IS OUT OF DATE AND HAD NOT BEEN GIVEN A REAL CHANCE TO ANALYZE THE LATEST VERSION OF THE PLAN.

PLEASE ASK THE APPLICANT TO PRESENT THE LATER VERSION, THE LATEST VERSION OF THE PLAN IN A FUTURE MEETING, AND THEN PLAN AN ADDITIONAL PUBLIC HEARING AFTER THAT.

SO WE ARE GIVEN THE CHANCE TO REALLY GRAPPLE WITH WHAT'S HAPPENING HERE.

THANK YOU VERY MUCH.

CAN I MAKE COMMENTS, DAN, IF YOU DON'T, I DON'T KNOW ANYTHING.

NO.

CAN ASK WHERE THE CYCLING IS.

SO THAT WAS PART OF THE, THE RESOLUTION IN DECEMBER, I BELIEVE ANOTHER ONE CAME, CAME FRIDAY.

WAS THAT, WAS THAT A UM, THEY'RE SAYING ANOTHER ONE CAME IN NINE.

WELL, I I'M READING THE RESOLUTION FROM, UM, THAT WAS FILED ON DECEMBER 11TH.

YOU BELOW HE'S LOOKING AT THAT.

CAN I, IT SAYS THE 9 25 23 SITE PLAN PRESENTED TO THE TOWN BOARD WILL BE AMENDED PER THE CONDITIONS OF THIS REZONING.

UM, THE ONLY QUESTION I HAVE IS, IS THERE ANOTHER SITE PLAN THAT WE DON'T HAVE? THIS IS THE MOST UPDATED ONE.

THIS IS THE MOST UPDATED ONE RECENTLY.

AND THEN THE QUESTION IS, IS THAT CONSISTENT WITH THE,

[02:35:01]

THE, IT'S DIFFERENT THAN THE ONE FROM THE TOM BOARD ON THE 11TH.

OKAY.

SO THAT, SO IT'S EVEN DIFFERENT FROM WHAT THAT MM-HMM .

THAT, UM, RESOLUTION REQUESTED.

OKAY.

THE SUBMIT ONE THAT CONFORMS TO THE RESOLUTION.

RESOLUTION.

SO IS THIS THE ONE THEY SUBMITTED TO CONFORM TO THAT RESOLUTION? FROM WHAT I UNDERSTAND, IT'S SUBSEQUENT TO THAT.

SO THERE'S O OTHER CHANGES THAT WEREN'T PART OF THE CONFORMITY WITH THE RESOLUTION OR AT LEAST THE BOARD IS GONNA HAVE TO REVIEW IT.

YEAH, I THINK THAT'S THE QUESTION PLAN THAT WE DON'T HAVE.

NO, THIS IS, THIS IS THE SITE PLAN.

THIS IS THE MOST UPDATED, RECENTLY RECEIVED SITE PLAN.

AND WHEN WAS THIS RECEIVED? FRIDAY.

FRIDAY.

WHAT TIME? FRIDAY.

OKAY.

WE, WE GET IT AND WE GOT IT, WE GOT IT FRIDAY.

THAT'S YOUR QUESTION, JOE.

IT IS THIS SITE PLAN THE RESULT OF WHAT'S IN THAT SAYS THAT WAS, THAT WAS MY QUESTION.

OR, OR THERE ADDITIONAL CHANGES THAT WE'RE JUST IMPLEMENTING WHAT THE, THE TOWN BOARD WANTED.

I THINK THAT'S IMPORTANT.

CLARIFY IT, IT IS.

WE ARE THE NEW PRINCIPAL.

WE GOT A SIDE PLAN ON FRIDAY, SO WE SHOULD MAYBE LET THE PUBLIC HEARING CAN LET PEOPLE SPEAK AND THEN WE CAN ADD OUR PRESSING BAN.

ABSOLUTELY.

I I I JUST WANNA MAKE SURE THAT WE'RE, I'M NOT GONNA STOP ANYBODY FOR LEAVE ME OPEN THE HEARING OPEN JUST GIVEN THE CONCERNS PEOPLE RAISED.

OKAY, GO AHEAD.

SORRY ABOUT THAT.

OH, NO WORRIES AT ALL.

UH, MY NAME'S DANIEL BAUER AND THAT'S, UH, B-A-U-E-R-I RESIDE AT 37 90 ROAD.

THE APPLICANT'S LATEST SITE PLAN TO ME REPRESENTS A BETRAYAL OF A PROMISE THAT I DIDN'T THINK WAS EVEN UP FOR DISCUSSION WHETHER THIS BUSINESS WILL ACTUALLY BE AN EVENT CENTER OR NOT.

IN THE PAST, THE APPLICANTS HAVE PRESENTED ALCHEMY SHORES AS A SEASONAL EVENT CENTER THAT WILL BE OPERATED PRIMARILY DURING THE SUMMER MONTHS AND THEN ONLY ON THE WEEKENDS.

ONE OF THE APPLICANT'S FATHERS, I BELIEVE, ACTUALLY APPROACHED MY NEIGHBOR AT HER HOME A FEW MONTHS BACK AND BASICALLY ASKED HER WHY SHE WAS MAKING SUCH A PROBLEM FOR THEM THAT THEY'D ONLY BE THERE ON FRIDAYS AND SATURDAYS IN THE SUMMER.

I CAN SAY WITH CONVICTION THAT MYSELF AND MY NEIGHBORS WERE UNIFIED AND NOT WANTING A BUSINESS LIKE THAT INSERTED INTO A NEIGHBORHOOD ABOUT A YARD STICK AWAY FROM THE U NEAREST HOME.

BUT WE WERE ALSO REALISTIC.

WE WERE READY TO MAKE PEACE WITH THAT IDEA, ESPECIALLY AFTER MANY OF OUR REQUESTED CONDITIONS WERE SET AND SEWN DURING THE REZONING PROCESS.

SO IMAGINE OUR DISAPPOINTMENT, FRUSTRATION, AND FEAR.

WHEN WE ATTENDED THE LAST MEETING OF THE PLANNING BOARD, WHEN THE APPLICANT PRESENTED A SITE PLAN THAT HAD CHANGED DRAMATICALLY SINCE FIRST PRESENTED AND NOW WE HAVE AN ADDITIONAL CHANGE THAT NONE OF US REALLY HAD ANY AMPLE TIME TO PREPARE FOR.

UH, INSTEAD OF PLANS APPROPRIATE FOR A WEEKEND EVENT VENUE, WE SAW THE PROPOSED INSTALLATION OF A VOLLEYBALL COURT, UH, EXPLICITLY MEANT TO ATTRACT WEEKDAY FOOT TRAFFIC AND VOLLEYBALL LEAGUES.

WE SAW THE ADDITION OF SEVERAL GAMING COURTS.

WE SAW SPACE CARVED OUT FOR AN OUTDOOR BAR, WHICH MAY OR MAY NOT STILL BE IN THERE, UM, DEDICATED AREA FOR FOOD TRUCK STAGING.

ALL OF THIS WE WERE TOLD WAS BEING PROPOSED IN THE NAME OF ATTRACTING THE PUBLIC TO THE SPACE ALL WEEK LONG, OUTSIDE OF THE LIMITED SEASONAL HOURS THAT WERE ORIGINALLY ON THE TABLE.

AND THIS IS NOT WHAT WE WERE PROMISED.

THIS IS NOT REALLY AN EVENT CENTER.

THIS IS A BAR, POTENTIALLY A PRETTY ROWDY BAR AT THAT.

UH, WE THOUGHT WE WERE GETTING THE AVANTI MANCHIN CRAMMED INTO OUR NEIGHBORHOOD, WHICH IS BAD ENOUGH, BUT THIS IS WORSE.

WE'RE GETTING MICKEY WRAPS.

NO ONE WOULD'VE AGREED TO ANYTHING UP TO THIS POINT HAD WE KNOWN THIS KIND OF BAIT AND SWITCH WE'RE GOING TO TAKE PLACE IN ORDER TO ADDRESS THIS ISSUE, I WOULD ASK TWO THINGS TO THE BOARD.

THE FIRST IS TO ASSESS WHETHER IN LIGHT OF THE NEW SITE PLAN, ANY AND ALL STUDIES PREVIOUSLY DONE REGARDING THE USE OF THIS PARCEL SHOULD BE DONE.

AGAIN, THIS INCLUDES THE STUDY OF ANY TRAFFIC, PARKING CAPACITY AND TRIP GENERATION, ALL OF WHICH WERE COMPLETED UNDER THE ASSUMPTION THAT THIS WOULD BE A LIMITED SEASONAL VENUE AT WHICH MOST OF THE ACTIVITY WOULD TAKE PLACE INDOORS.

THE SECOND IS TO EXPLICITLY DEFINE WHAT AN EVENT CENTER IS.

TO DO THIS, I WOULD ALSO ASK, ASK THAT AN EVENT AND EVENT PARTICIPANT ALSO BE DEFINED BASED ON MY LIMITED RESEARCH AND BRAINSTORMING, BUT VERY GENUINE CONCERN.

I WOULD SUGGEST THE FOLLOWING DEFINITIONS IS A JUMPING OFF POINT.

AN EVENT SHOULD BE DEFINED AS AN EXCLUSIVE, EXCLUSIVE TICKET OF OCCURRENCE THAT HAPPENS DURING PREDEFINED LIMITED HOURS AT A PARTICULAR TIME AND PLACE.

IF FREE EVENTS ARE ALLOWED AT THIS SPACE, THEN THEY SHOULD STILL REQUIRE SOME, SOME KIND OF PREREGISTRATION OR TICKETING FUNCTION IN ORDER TO LIMIT IT AND MONITOR CAPACITY.

ENSURE THAT NON NO NON PARTICIPANTS ARE ALLOWED ON THE PROPERTY.

AN EVENT PARTICIPANT SHOULD BE FINE AS A REGISTERED TICKET HOLDING INDIVIDUAL WHO IS ONSITE TO PARTICIPATE IN A PARTICULAR LIMITED EVENT AS ALREADY DEFINED.

UH, FOR AN EVENT CENTER TO BE AN EVENT CENTER AND NOT A DE FACTO BAR, THEN USAGE MUST BE STRICTLY LIMITED TO EVENT PARTICIPANTS PARTICIPATING IN EVENTS.

RANDOM PEOPLE OFF THE STREET SHOWING UP TO DRINK AND PLAY VOLLEYBALL SHOULD NOT BE ALLOWED.

OBVIOUSLY THESE GUIDELINES DON'T APPLY TO A COMPLETELY PRIVATE EVENT SUCH AS A WEDDING WHERE THE ENTIRE BUSINESS IS RENTED OUT FOR A SINGLE PARTY.

PUTTING SUCH DEFINITIONS AND RESTRICTIONS IN THE PLACE ARE VITAL FOR PROTECTING OUR COMMUNITY AND QUALITY OF LIFE FROM BEING NEGATIVELY AFFECTED BY A TYPE OF USAGE THAT WE NEVER AGREED TO.

EVEN IF THE APPLICANTS PROMISE THAT THEY'LL KEEP THINGS UNDER CONTROL, THEIR WORD IS WORD IS NOT GOOD ENOUGH.

I DO NOT EXPECT THEM TO TURN AWAY PAYING CUSTOMERS OR PREVENT THEIR BUSINESS FROM BECOMING A NUISANCE SPEECH BAR IF THERE'S A FINANCIAL INCENTIVE TO DO SO.

[02:40:01]

AND BY THEIR OWN TO BUSINESS PLAN, THESE RESTRICTIONS SHOULD NOT REALLY IMPEDE THEIR ABILITY TO DO GOOD BUSINESS HERE.

AFTER ALL, THEY CLAIMED INITIALLY THAT THIS SPACE WAS MEANT TO FUNCTION AS AN OVERFLOW SPACE FOR EVENTS THAT THEY COULDN'T FIT INTO THEIR CURRENT ESTABLISHMENT, SUCH AS COOKIE CLASSES, DRAG BRUNCHES, KNITTING CLASSES.

IF THEY STICK TO THEIR INITIAL PLAN, THIS WOULD NOT BE AN ISSUE.

BUT THIS SITE PLAN HAS CHANGED SO MUCH, SO FREQUENTLY OVER THE COURSE OF THIS PROCESS THAT I FIND IT DIFFICULT TO TRUST.

THEY WILL KEEP THEIR PROGRESS WITHOUT SOME SORT OF DEFINITION AND ENFORCEMENT.

THANK YOU.

THANK YOU, MS. MARGARET.

HELLO, MY NAME IS MARGARET VAN VALE, V-A-N-A-R-S-D-A-L-E.

UM, WHILE WE WERE SITTING HERE, UM, I DID COME UP WITH SOME ADDITIONAL SITE PLAN, UH, QUESTIONS AND THESE WERE NOT WHAT I WAS PLANNING TO SAY, BUT THEY ARE ADDITIONAL AND IT IS TRUE.

WE JUST GOT THIS A FEW DAYS AGO.

UM, I STUDIED IT CAREFULLY.

I'M VERY FAMILIAR WITH THE PROPERTY BECAUSE I LIVE NEXT DOOR AND WHERE THE FENCE IS PLACED.

UM, I'M THANKFUL THAT FIRST OF ALL OUR TWO PROPERTIES ARE COMPLETELY INTERTWINED.

THEIR ROOF HANGS OVER MY PROPERTY FOR THE LAST 38 YEARS.

WE HAVE UTILIZED UP TO THEIR FENCE, WHICH IS ACTUALLY PROBABLY 18 TO 20 INCHES OF THEIR PROPERTY.

SO CURRENTLY I HAVE ORANGE SURVEY TAPE ALL ALONG MY YARD, INSIDE MY YARD ON MY, UH, GAZEBO AND EVERYTHING ELSE.

THERE'S THIS ORANGE TAPE AND I JUST LEFT IT THERE.

I GUESS I DON'T WHAT TO USE.

BUT ANYWAYS, THERE ARE FOUR LARGE WILLOW TREES THAT I HAVE SPOKE ABOUT A LOT AND I HAVE NEVER GOTTEN AN ANSWER.

THESE WILLOW TREES ARE INSIDE THE FENCE WHERE THE, THEY HAVE PUSHED OUT THE METAL FENCE.

THERE'S THESE BIG WONDERFUL GIANT WILLOW TREES THAT ARE SEVERED OFF AT 4, 7, 8 FEET.

BUT THEY HAVE GROWN BACK.

THEY WERE CAUGHT LAST FEBRUARY.

THEY'RE GROWING BACK AMAZINGLY, AND I AM HOPING THAT THREE, THESE FEW TREES CAN BE PRESERVED.

UM, ON THE SUBJECT OF TREES, I DON'T HAVE MY DOCUMENTED DOCUMENTATION TODAY.

I HAVE BROUGHT IT SEVERAL TIMES TO THE TOWN BOARD.

I HAVE DOCUMENTATION OF LOTS OF TREES ON THE BEACH, ON ALCHEMY'S PROPERTY AND ON THE STATE PROPERTY.

IT WAS A MISTAKE.

THEY, AT THAT TIME, THEY DIDN'T KNOW WHERE THEIR SURVEY WAS.

THEY HAVE SURVEY STATES UP NOW, BUT THOSE TREES WERE CUT DOWN.

THE DEC REGULATION STATES YOU CAN TRIM A TREE, YOU CAN'T KILL IT.

SO, UM, THIS HAS BEEN PASSED OVER, SIMILAR TO WHAT MY HUSBAND SAID.

WE HAVE BEEN SO FRUSTRATED BY GET OUTTA JAIL FREE.

YOU GET OUTTA JAIL FREE.

NOTHING APPLIES.

THEY'RE, THEY'RE TEFLON.

UM, SO WE HAVE A PICNIC TABLE ON OUR BEACH AND IT'S ON THE SAND MOON THAT HAS BEEN CREATED.

IT'S BEEN THERE SINCE WE'VE OWNED THE PROPERTY THE LAST 13 YEARS.

WHEN CARS COME INTO THE PARKING LOT, THEY WILL SHINE LIGHT ON OUR PICNIC TABLE.

WOULD YOU LIKE TO SEE WHERE IT IS? RIGHT OVER HERE.

OUR PICNIC TABLE IS RIGHT THERE.

SO THE CAR'S COMING IN, IT DOESN'T LOOK LIKE IT, BUT THEY WILL SHINE.

IT'S THE, THE ANGLE OF THE YARD IS VERY UNUSUAL.

SO I DON'T KNOW IF THAT'S LIGHT INTERFERENCE, BUT IT WILL CAUSE THE PICNIC TABLE TO BE UNPLEASANT TO BE AT.

UM, THREE.

UM, I WOULD LIKE TO KNOW HOW HIGH THE 200 LOADS OF STAND WILL BE.

IS THAT 200 TRUCKLOADS OR TONS OR WHATEVER? IS IT GONNA BE A MOUND? IS IT GONNA BE SPREAD OUT? AND IF IT IS A MOUND, THEN THAT WILL CAUSE A HILL THAT THEY WOULD THEN ALSO BE ABLE TO LOOK DOWN ONTO OUR PROPERTY, WHICH WE ARE VERY CLOSE.

SO I WOULD LIKE TO KNOW THE ANSWER TO THAT.

UM, FOR, UM, WE ARE CONCERNED ABOUT THE DRAINAGE PIPES, SO IT'S MUCH BETTER THAN WHAT WE'RE EXPERIENCING NOW AND THAT'S A LONG STORY AS WELL.

BUT THAT DRAINAGE PIPE APPEARS THAT IT'S GOING TO END STILL IN A, IN A WAY THAT COULD VERY POSSIBLY GET INTO OUR YARD.

I TRUST THE DRAINAGE DRAINAGE EXPERT WILL TAKE CARE OF THIS, BUT IT IS A BIG CONCERN.

AND OUR BASEMENT, JUST WITH THE LAST RAIN AND SNOW, WE HAD WATER UP TO HERE.

AFRAID WE'RE GONNA GET ELECTROCUTED RUNNING EXTRA PUMPS IN OUR BASEMENT.

AND THIS HAS BEEN AN ONGOING PROBLEM.

OKAY?

[02:45:01]

AND I HEAR ALL THIS TALK TODAY ABOUT, UM, NOISE REVIEWS.

WHY DIDN'T WE GET A NOISE REVIEW? ALRIGHT, NOW TO MY SPEECH, ALCHEMY HAS MADE NOBLE IMPROVEMENTS ON THEIR SITE PLAN.

I REQUESTED THE SITE PLAN TWO WEEKS AGO.

THANK YOU FOR SENDING THE UPDATED PLAN YESTERDAY.

MY NEIGHBORS AND I HAD ONE DAY TO ANALYZE AND PREPARE, BUT WE HAVE ALCHEMY HAS AN OBLIGATION TO NOT DISTURB OUR ABILITY TO LIVE PEACEFUL AND SAFE LIVES.

ALCHEMY'S ECONOMIC SUCCESS SHOULD IN NO WAY SUPERSEDE OUR QUALITY OF LIFE.

WITH THIS IN MIND, I AM ASKING THAT ALCHEMY BE REQUIRED TO HAVE A PROFESSIONAL SOUND STUDY PERFORMED WITH THEIR CURRENT SITE PLAN UPDATES.

I AM REQUESTING THIS SOUND STUDY BE DONE TO THE SAME HIGH QUALITY THAT OUR SOUND STUDY WAS DONE.

I WILL PASS THAT STUDY AROUND IN A FEW MOMENTS.

THERE'S A EMAIL ADDRESS ON THERE IF YOU'D LIKE TO CONTACT AURORA ACOUSTICS TO GET THAT.

IT'S A FABULOUS, DETAILED, INFORMATIVE REPORT DONE BY A PROFESSIONAL.

UM, AND IN REFERENCE TO THAT, AS IT MEANS TO EVALUATE THE ACCEPTABILITY OF THE RECEIVE SOUND LEVELS, THE ASSESSMENTS REFERRED THE CURRENT NOISE POLICY OF NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, N-Y-S-D-E-C.

ASSESSING AND MITIGATING NOISE IMPACTS THE PROGRAM POLICY RATES, THE ABILITY OF RECEIVED NOISE LEVELS BASED ON THE INCREASE IN SOUND LEVELS ABOVE THE EXISTING AMBIENT NOISE LEVEL, SPECIFICALLY SECTIONS VB ONE C OF THE NEW YORK STATE, UM, DEC NOISE PROGRAM POLICY DESCRIBES HUMAN REACTION TO RANGES OF SOUND LEVEL INCREASES.

AND IN THE REPORT THAT I WILL PASS AROUND, THERE ARE ALL THESE DIAGRAMS OF HOW THE SOUND WILL IMPACT, WHAT THE DIFFERENT.

SO WE HAD TO, WE DID THE SOUND STUDY WITH THE PREVIOUS CRITERIA.

THE CRITERIA HAS CHANGED DIFFERENTLY.

SO THAT'S WHY I FEEL IT WOULD BE IMPERATIVE TO HAVE ANOTHER SOUND STUDY.

THE ONE WE HAD DONE ON SEVERAL LOCATIONS SAID IT WILL BE INTOLERABLE TO LIVE IN OUR HOME.

HOW IS THIS, HOW DOES THIS GO ALONG WITH OUR GUIDING PRINCIPLE OF LIVING A PEACEFUL LIFE WHEN I CAN'T EVEN LIVE IN MY HOME? IT WOULD ALSO BE IMPERATIVE THAT A SIMULATED PARTY WITH 175 GUESTS, A BANDER, A DISC JOCKEY PERFORMING IN THEIR BANQUET HALL, BE SOUND TESTED IN OUR YARD.

THIS WAY WE WILL ALL HAVE ACTUAL PROOF OF WHAT WILL BE OCCURRING AND HOW MUCH SOUND POLLUTION WILL ESCAPE THE WAREHOUSE INTO OUR YARD AND POSSIBLY OUR HOMES.

AND I CAN STAND IN MY YARD AND TOUCH THEIR WEAR.

UM, WE WILL NOT STOP INSISTING ON THE RIGHT TO LIVE PEACEFUL AND SAFE LIVES.

WE PLAN TO CONTINUE TO FIGHT FOR OUR, FOR THESE RIGHTS.

OUR SOUND EX OUR SOUND STUDY EXPERT RECOMMENDED A FOUR FOOT EARTH AND BERM WITH A SOLID SIX FOOT WOODEN FENCE ON TOP.

THIS WOULD HAVE A POSSIBLE SOUND REDUCTION OF EIGHT AND A HALF DBAS ON THE UPDATED ALCHEMY SITE.

ALCHEMY HAS A TWO FOOT EARTH AND BERM AND AN EIGHT FOOT WOODEN FENCE.

MAYBE THIS WILL WORK, BUT WHAT IF IT DOESN'T? LET US HAVE A PROFESSIONAL SOUND EXPERT RUN ALL THE TESTS.

WE NOW KNOW, UM, ALONG WITH THE 175 GUESTS, THERE ARE 83 CARS AND THE DIFFERENT ACTIVITIES GOING ON LIKE FOOD TRUCKS, TASTING AREAS, AND VOLLEYBALL GAMES.

A MORE ACCURATE SCIENTIFIC SOUND STUDY CAN BE COMPLETED.

IF ALCHEMY CAN GUARANTEE AND PROVE WITH A, WITH A PROFESSIONAL SOUND STUDY TO BE REVIEWED BY AN OUTSIDE EXPERT, THAT ALL OF ALCHEMY'S IMPROVEMENTS WILL ENSURE NEW YORK STATE DEC NOISE REQUIREMENTS NOT TO EXCEED NOISE REQUIREMENTS NOT TO BE EXCEEDED, THEN LET US CONTINUE TO MOVE FORWARD.

I ALSO FEEL SECURITY GUARDS MUST BE PRESENT WHEN ALCHEMY IS IN BUSINESS.

NO AMOUNT OF NO TRESPASSING SIGNS WILL BEGIN TO PROVIDE THE SECURITY WE NEED.

THESE LARGE GROUPS OF EVER CHANGING PEOPLE MUST

[02:50:01]

BE KEPT ON THEIR THREE PLUS ACRES AWAY FROM OUR SHARED PROPERTY LINE.

I DO FEEL BECAUSE OF THE LACK OF COMMUNICATION AND UNDERSTANDING THE TOWN OF HAMBURG OFFICIALS HAVE PITTED NEIGHBOR AGAINST NEIGHBOR.

I DO NOT SEE THIS ENDING.

WELL, HELP IS NEEDED.

I ALSO HAVE A QUESTION WHICH I ASKED ANNALISE WHEN SHE WAS HERE ABOUT THE SOUTH FACING DOOR.

THEY APPEAR IN THEIR PICTURE.

ORIGINALLY IT WAS AN EMERGENCY EXIT.

I STILL DO NOT HAVE A CLEAR EXPLANATION.

IN THE MU ONE, I BELIEVE IT'S NUMBER 11, IT IS THE MOST UNUSUALLY WRITTEN RUN ON SENTENCE.

AND IT STATES THAT THE DOOR'S GONNA BE BLOCKED OFF.

THEN IT TALKS ABOUT DRAINAGE PIPES BEING CUT AND THEN IT SAYS THE DOOR MIGHT BE LEFT OPEN BECAUSE IT MIGHT BE NEEDED FOR, UM, IT MIGHT NOT FALL UNDER COAL AT THIS POINT.

AFTER GOING AT THIS FOR A YEAR, WE DON'T KNOW WHAT THE FIRE EXITS WILL BE.

THANKS FOR LOOKING AT YOUR WATCH.

I'M DONE.

HI, IT'S NANCY FIRE, 37 92 HOOVER ROAD.

CAN YOU SPELL YOUR LAST NAME PLEASE? G-E-Y-A-R.

THANK YOU.

I UNDERSTAND CHAIRWOMAN.

UM, WOULD YOU SAY MADAM CHAIR, YOUR RECOMMENDATION TO STICK TO THE P SITE? AND THAT'S GREAT.

I UNDERSTAND THAT.

I RESPECT THAT.

HOWEVER, THIS IS A NEW ZONE TYPE.

I NEED ONE.

IT'S NEVER BEEN USED BEFORE IN THE ITALIAN HAMBURG.

UM, WE'RE THE EXPERIMENTAL BDP RATS, IF YOU WILL.

SO IF I GET CONFUSED BETWEEN QUESTIONING A SITE PLAN VERSUS A, VERSUS A CODE BECAUSE THERE'S CONCESSIONS ADDED, PLEASE ACCEPT MY APOLOGIES HERE AND NOW.

'CAUSE IT IS ALL NEW AND IT IS A LITTLE LIKE CONFUSING.

HOWEVER, THE BOTTOM LINE IS, DOESN'T MATTER WHO WE ARE AND THE TOWN REPRESENTATION, WE SHOULD ALL BE WORKING AS A COHESIVE UNIT, TOWN PLANNING BOARD, TOWN, BOARD OF DIRECTORS, THE CITIZENS, THE COMMUNITY, AND TO BE TOLD TO GO THAT YOU DON'T BELONG IN THIS DEPARTMENT.

YOU NEED TO GO TO THIS APARTMENT.

I FIND QUITE OFFENSIVE.

WE SHOULD ALL BE WORKING TOGETHER TO SOLVE THIS PROBLEM THAT US HOOVER BEACH, HOOVER ROAD RESIDENTS ARE FINDING OUR OURSELVES IN.

THERE IS NO TIMELINE, NO URGENCY, NO DEADLINES TO UM, CONSIDER THAT ARE MORE IMPORTANT THAN THE PEACE AND THE RIGHT OF US RESIDENTS TO HAVE A PEACEFUL EXISTENCE.

SO I'VE HEARD A LOT OF CONVERSATIONS.

I'VE BEEN IN THIS, IN THIS RACE FOR A YEAR NOW AND I OFTEN HEAR ABOUT A FEBRUARY 16TH IS A RECENT DEADLINE I HEARD OF.

I DON'T KNOW WHAT IT WAS.

I I PICKED IT UP AT ONE OF THE MANY MEETINGS I ATTEND.

I HEAR DEADLINES ALL THE TIME.

I HEAR DREW IN ONE OF HIS EMAILS THAT WRITES AND I QUOTE IT 'CAUSE I HAVE A COPY OF IT THAT, UM, YOU KNOW, ALCHEMY HAS BEEN THROUGH A LONG PROCESS WITH THE PLANNING BOARD.

WELL GUESS WHAT? SO HAVE WE, WE'VE BEEN IN THIS ALONGSIDE FOR THE WHOLE TIME AS WELL.

AND WE'RE NOT GONNA STOP UNTIL WE GET IT RIGHT.

SO WE WANNA TALK ABOUT SITE PLANS.

LET'S TALK ABOUT SITE PLANS.

DOES A 175 PERSON WEDDING, WHETHER IT'S IN FOUR WALLS, THREE WALLS, TWO WALLS, A BRICK BUILDING, SPECIAL PAINT, A FENCE, WHICH IS NOT, IS A, IS A PRIVACY, LET ME KNOW A FENCE, A BERM, I DON'T CARE WHAT'S THERE.

SO IT'S 175 WEDDING VENUE WITH A BAND AND 175 WEDDING GUESTS BELONG ON THE PROPERTY LINE OF A RESIDENT.

IF THE SITE PLAN DOESN'T WORK TO ALIGN WITH YOUR EVENT CENTER PLANNING, THEN MOVE THE BUILDING, BUILD A DIFFERENT ONE THAT'S IN A SITE PLAN FRIENDLY PLACE THAT IS NOT A LOCATION.

IT'S ABOUT A HUNDRED FIVE SEVENTY FIVE WEDDING GUESTS.

SO GUESS WHAT I THINK YOU'LL DO? 'CAUSE THIS IS WHAT I WOULD DO.

SHE I'M TALKING TO THE WHOLE ROOM ARE SUPPOSED.

SO WHAT I WOULD DO IF I WAS TOLD THAT

[02:55:01]

I CAN ONLY PLAY THE MUSIC INSIDE, WHAT I WOULD DO IS I, I WOULD DO WHAT THEY DO DOWNTOWN IN BUFFALO WHEN THEY HAVE THOSE BIG GARAGE DOORS.

THEY HAVE A BAND SET UP INSIDE, OPEN THE BIG, BIG GARAGE DOOR, HAVE THE BAND PLAY OUT.

HOW WOULD A BANDSTAND AT THAT POINT, LIKE WHAT DOES NO OUTDOOR AMPLIFY MUSIC MEAN? WHAT DOES THAT MEAN? THAT THE, THAT THE AMPLIFI MUSIC HAS TO BE CONFINED WITHIN FOUR WALLS? IS THAT WRITTEN ANYWHERE? BECAUSE IF IT'S NOT AN I OWN PROPERTY, THAT'S WHAT I WOULD DO.

I WOULD PUT A GARAGE DOOR THERE.

I HOPE YOU GUYS COULD PICK UP ON THESE HINTS BECAUSE I THINK IT'S A GOOD IDEA.

PUT PICK THE GARAGE DOOR UP AND LET THE BAD PLATE.

AND GUESS WHAT, PUT A TENT THERE, RIGHT? BECAUSE NOW IT'S NOT OFFICIALLY OUTDOORS 'CAUSE IT'S INSIDE.

IT'S JUST BLOWING OUT INTO THE TENT AND WHAT, WHAT KIND OF TENTS ARE GONNA BE ALLOWED? AND YOU WANNA TALK ABOUT SITE PLANS? THAT DOES NOT LOOK LIKE AN EVENT VENUE TO ME, THAT LOOKS LIKE A BAR RESTAURANT.

IT LOOKS LIKE MICKEY RATS AND THAT'S WHAT IT'S GONNA BECOME.

AND I DON'T CARE IF THE LOOSENESS OF THE VERBIAGE IS RE IS RELIANT, IS DEPENDENT ON THE WAY THE CONCESSIONS WERE WRITTEN OR IF IT'S LOOSE IN THE MU ONE CODE OR IF IT'S LOOSE IN THE SITE PLAN.

AND THAT'S WHAT I MEAN WHEN I DON'T KNOW WHERE MY CONCERNS BELONG.

IT'S A CONCERN REGARDLESS, A WEDDING VENUE DOES NOT BELONG ON A RESIDENTIAL STREET WITH 90 RESIDENTIAL HOMES.

IT MAKES ME, IT JUST, YOU CAN HEAR THE PASSION IN MY VOICE AND I, I AM TALKING, I PLAN BECAUSE THAT LOOKS, IT SMELLS AND IT FEELS LIKE A BAR NIGHTCLUB.

IT'S A VOLLEYBALL COURT.

THERE ARE BOATERS, THERE ARE BEACH WALKERS.

AND YOU KNOW WHAT WE'VE BEEN TOLD? WE'VE BEEN TOLD TO RELY ON THE INTEGRITY AND THE TRUST AND THE HONESTY OF THE OWNERS TO PLAY BY THE RULES.

BUT IF WE GIVE THEM LOOSE RULES AND MONEY IS THE MOTIVATOR AND THEY HAVE A MORTGAGE TO PAY AND I'VE HEARD THEM SAY WE'RE GONNA HAVE TO BE OPEN SEVEN DAYS A WEEK.

BUT WE HAVE A MORTGAGE TO PAY.

AND I'M PARAPHRASING, I'M NOT QUOTING, BUT GENERALLY SPEAKING AT OTHER MEETINGS I'VE HEARD YOU SAY YOU HAVE A MORTGAGE TO PAY, YOU'RE GONNA HAVE TO BE OPEN MORE THAN JUST FOR EVENTS.

IT HAS TO BE OPEN TO MAKE A CON CONSISTENT FINANCIAL STREAM OF INCOME.

AND IT'S GOING TO COME AT THE PRICE AND THE COST OF US BECAUSE AN EVENT IS NOT DEFINED ANYWHERE.

AND WHEN I ASKED THE TOWN BOARD WHAT AN EVENT IS, I WAS TOLD THAT THAT'S TRUE.

AN EVENT DOESN'T HAVE A TRUE DEFINITION, IT'S NOT WRITTEN IN ANY CODE.

AND SO IT HAS TO RELY ON THE HONESTY AND INTEGRITY.

THE HONESTY AND THE INTEGRITY OF THE OWNERS HAS NOT BEEN PROVEN TO ME.

IT'S ONLY BEEN PROVEN BECAUSE ALL THE OTHER PEOPLE THAT CAME HERE BEFORE YOU TONIGHT AND WANTED TO DO THEIR PLANS, THEY WENT AHEAD OF AHEAD OF BUYING THE PROPERTY.

AHEAD OF MOVING ON.

THEY DID KNOW I STARTED, THEY TALKED TO NEIGHBORS, WHETHER THEY DID OR DID NOT TALK TO THE NEIGHBORS, THAT'S QUESTIONABLE.

BUT NEVER ONCE DID THESE NEW OWNERS EVER APPROACH ANYBODY ON OUR STREET AND TELL US THEY WERE COMING.

THEY NEVER DID A NOISEY STUDY.

THEY DIDN'T CARE AND INTEGRITY AND HONESTY AND TRUST.

I'M GONNA TRUST THAT THEY'RE GONNA CARE ABOUT FRANCINE GUY, TWO HORSES DOWN, TWO HOUSES DOWN, WHAT I'M HEARING THAT NIGHT WHEN THEY'RE PLAYING THEIR BANDS.

THIS IS TOO LOOSE.

IT'S NOT TIGHT.

I HAVE COWBOY BY ON THE OTHER SIDE AND I'M NOT GOING TO BE FIGHTING TWO BATTLES MY WHOLE REST OF MY LIFE.

'CAUSE I'LL END UP IN INSANE ASYLUM IF I'M NOT ALREADY THERE.

THANKS.

IS THERE ANYBODY ELSE PETER? YEAH, I DO HAVE ANYTHING.

UM, I'M PETER RESMAN, K-R-Z-E-M-I-E-N.

I'M ALSO GU RESIDENT.

I'M JUST CURIOUS BECAUSE THEIR SITE PLAN CHANGES ALL DAMN TIME BECAUSE WE NEVER TALKED.

WE, THE LAST ONE I GOT WAS THE 23RD OF MARCH, SO IT DID TAKE SOME FOLKS OUT.

BUT IT WOULD REALLY NICE TO KNOW WHAT WE'RE TALKING ABOUT WHEN YOU GUYS HAVE MEETINGS LIKE THIS AND NOT HAVE LIKE GET AVAILABLE SAVE PLAN ONE DAY AHEAD TIME .

THAT'S ALL I LIKE TO SAY ABOUT THIS PART.

HOPEFULLY YOU DON'T END THIS BECAUSE I WOULD LIKE TO LOOK AT IT BETTER.

THANK YOU.

KATIE HEALTH.

HELLO, I'M KATIE HEALTH, HELD.

I'M CONSIDERED WITH A LACK OF DEFINITION AND CONSISTENCY IN APPLICANT'S SITE PLAN DURING THIS PROCESS, ESPECIALLY CONSIDERING THEY'VE BEEN REZO AS AN ONE MU ONE DISTRICT.

I REALIZE THIS IS PURELY ABOUT THE SITE PLAN AS FRANCINE MENTIONED AND NOT

[03:00:01]

ABOUT THE ZONING CODE, BUT I THINK IT'S WORTH MENTIONING BECAUSE THIS IS THE FIRST TIME THAT THEY'LL BE DEMONSTRATING WITHIN THAT ZONING CODE THE SITE PLAN WILL BE, YOU KNOW, UTILIZED FOR AN N ONE U.

SO ESSENTIALLY ALCHEMY SHORES WILL BE A PROTOTYPE FOR THIS NEW ZONING CODE WITHIN HAMPERED.

AND THAT ZONING CODE REALLY COVERS SUCH A WIDE RANGE OF USES AND IT'S SUPPOSED TO BE INTENDED TO BE USED IN AREAS WITH A HIGH RESIDENTIAL DENSITY.

SO HERE WE HAVE AN EXAMPLE OF A SITE PLANT AND SEEKING ADVANTAGE OF A BROAD UNPRECEDENTED ZONE DEFINITION WITH POTENTIAL TO CAUSE MAJOR DISRUPTIONS TO THESE COMMUNITIES AS WE'VE HEARD TONIGHT.

AND SO THEY'VE BEEN SHOWING MAJOR CHANGES IN THEIR SITE PLAN THROUGHOUT THIS WHOLE PROCESS.

AND AS YOU CAN TELL FROM EVERYONE ELSE THAT SPOKE BEFORE ME, THERE'S A REALLY VAGUE SENSE OF WHAT THEY ACTUALLY WILL BE EXECUTING HERE.

ADDITIONALLY, BECAUSE THEY ARE INCORPORATING AN EXIST EXISTING STRUCTURE, THEY DON'T NEED TO ABIDE BY CERTAIN, CERTAIN PARTS OF THE ZONING CODE, WHICH INCLUDES THAT THEY NEED TO BE WITHIN 20 FEET.

AS MARGARET POINTED OUT.

THEY'RE JUST, YOU KNOW, INCHES AWAY FROM HER, HER AREA.

SO EVEN THOUGH IT'S ALLOWED WITHIN THE CODE, THIS IS STILL GONNA CAUSE A LOT OF DISRUPTION IN UNREST IN THE NEIGHBORHOOD.

I'M CONCERNED IF THEY'RE ALLOWED TO MOVE FORWARD WITH THIS SITE PLAN THAT'S GONNA SET A PRECEDENT FOR FUTURE BUSINESSES UNDERNEATH THIS DEVELOPMENTAL CODE AND THAT THEY'LL BE ABLE TO SUBMIT THESE BAG EVER CHANGING SITE PLANS.

AND WITH THAT, YOU KNOW, THEY CAN KEEP CHANGING IT WITHIN IT WITHOUT GIVING THE DUE PROCESS FOR EVERYONE TO SPEAK ON IT.

YOU KNOW, WHEN I LOOK AT THE PEOPLE WHO SPOKE EARLIER IN THEIR PROPOSALS, THERE'S A LOT MORE DEFINITION, A LOT MORE PRESENTATION.

IT WAS A LOT CLEARER.

WHAT THEY WERE TRYING TO DO WITH THIS IS, IT'S VERY VAGUE TO ME WHAT THE INTENTION IS.

SO I'M ASKING TO CONSIDER THE PRECEDENT THAT WILL BE SET IF THIS SITE PLAN'S APPROVED.

WE WANNA PROTECT THE LONGTIME RESIDENTS OF THE, OF HAMBURG AND PROTECT 'EM FROM POTENTIALLY UNDERHANDED BEHAVIORS OF FUTURE DEVELOPERS.

WE WANNA ENSURE THAT ALCHEMY'S HELD TO THE SAME STANDARDS THAT WE'RE HOLDING OTHER DEVELOPERS TO.

IF WE OPEN THIS AND ALLOW THIS TO MOVE FORWARD, YOU'RE GONNA OPEN UP A LOT MORE GRIEVANCES FROM RESIDENTS BEYOND HOOVER ROAD.

SO IT MIGHT JUST SEEM LIKE A FEW HOUSES ON HOOVER ROAD ARE THE ONES THAT ARE UNHAPPY WITH IT, BUT IN REALITY IT'S SETTING A PRECEDENT FOR A BUNCH OF FUTURE ISSUES FOR, YOU KNOW, PEOPLE TO LOOK BACK AND SAY, WELL THEY DID THIS WITH THIS DISTRICT OR WITH THIS ONE.

SO I'M URGING THERE TO BE MORE THOUGHTFUL LIMITATIONS TO THEIR SITE PLAN TO ADDRESS THESE ISSUES.

THANK YOU FRANCIS S SHEENA.

AND THAT WOULD BE WITH AN ES AT THE END OF MY FIRST NAME.

AND THE LAST NAME IS S-C-H-E-N-A.

UH, ACTUALLY I HAD ORIGINALLY COME TO THIS HEARING TONIGHT, THIS MEETING TONIGHT TO FIND OUT MORE ABOUT, UH, ITEM NUMBER FIVE.

BUT THEN I, I LOOKED AT THESE TERMS AND I THOUGHT I, I WANTED TO STAY BECAUSE I DO HAVE A REAL PROBLEM WITH THE TERMS SUCH AS MIXED USE AND SPECIAL USE.

AND I THINK IT'S IMPORTANT TO BE SPECIFIC ABOUT WHAT THE MIXED USE WILL ALLOW AND WHAT THE SPECIAL USE WILL APPLY, UH, WILL BE.

AND UM, I I THINK I'VE HAD SOME OF MY QUESTIONS ANSWERED.

UH, AND ISSUES THAT YOU FOLKS DID ALREADY BRING UP, UH, NOW I'M UNDERSTANDING THAT IT COULD BE A BACHI FOR, UH, A BFI BAR.

UH, THERE WILL BE, UH, WEDDINGS, SHOWERS, THE FOOD TRUCKS.

UH, I THINK I WOULD LIKE TO SEE MORE SPECIFICS IN TERMS OF THE GENERAL TERMS OF MIXED USE AND SPECIAL USE.

EXACTLY WHAT THEY DO MEAN AND HOW THEY ARE IDENTIFIED.

UM, AND UM, I THINK WHEN I WAS AT THE MEETING MONDAY, THE TOWN BOARD MEETING MONDAY, I HEARD ONE WOMAN SPEAK AND SHE SAID, OKAY, WHAT ABOUT THE MUSIC? SHE SAID, IMAGINE YOURSELF SITTING AT A TRAFFIC LIGHT AND YOU HEAR THE BASS SOUND, THE BOOM BOOM, BOOM, BOOM.

MY GOD, YOU CAN'T WAIT TO GET TO HAVE THE LIGHT CHANGE SO YOU CAN GET AWAY WITH THAT.

NOW IF THESE PEOPLE WOULD HAVE TO PUT UP WITH SOMETHING LIKE THAT.

I MEAN THIS IS NOT, THIS IS NOT A, A GOOD FIT.

UM, AND SO

[03:05:01]

I GUESS THAT, UM, I I GUESS THAT KIND OF, UH, PULLS TOGETHER THE REASON WHY I'VE STAYED AGAIN, PEOPLE SPOKE ABOUT SOME OF THE USES, UH, YOU'VE ANSWERED MY QUESTIONS.

UH, AND I WOULD WANT TO SEE THE TOWN BOARD REALLY BE MORE SPECIFIC IN TERMS OF WHAT WILL BE ALLOWED IN THE MIXED USE AND WHAT THE SPECIAL USE WOULD BE.

AND IT'S JUST LIKE, UH, THE GUY AT ONE OF THE OTHER HEARINGS, OKAY, HE SAID, WELL WE NEED TO HAVE THIS SPECIAL USE DESIGNATION SO THAT WE CAN HAVE PEOPLE COME TO US WITH THEIR USE.

WELL, OKAY, WHAT IS THE, THE USE, UH, THEN THAT IS AGAIN, LEFT WIDE OPEN.

AND I'M THINKING LAST BUT NOT LEAST, PERHAPS THE TOWN BOARD, UH, IT RATHER RECENTLY DID AN OVERHAULING RIGHT OF THE DESIGNATIONS AND I'M THINKING THAT MAYBE IT MIGHT NEED TO BE FINE TUNED A LITTLE BIT AND WAS A NEW TOWN BOARD, NEW PEOPLE THAT, UH, PERHAPS WITH ALL OF THE COMMENTS THAT PEOPLE HAVE BEEN GIVING, MAYBE YOU FOLKS CAN DO A LITTLE BIT FINE TUNING IN THAT.

THANK YOU VERY MUCH FOR YOUR TIME.

ANYONE ELSE SIGNED UP? BRANDON, DO WE HAVE ANYONE ELSE IN THE AUDIENCE THAT WOULD WISH TO SPEAK FOR A FINAL TIME? LAST CALL? ANY TAKERS? OKAY, I'M GOING TO LEAVE THE HEARING OPEN AND BRING IT TO THE BOARD.

DO YOU HAVE ANY ADDITIONAL COMMENTS TO ME? TRY NOT TO ALL JUMP AT ONCE.

PERHAPS FOR OUR NEXT MEETING, THE, UH, IT'S 10 0 5.

I THINK I CAN WAIT TILL NEXT TIME.

I WAS GONNA SAY PERHAPS FOR OUR NEXT MEETING, THE QUESTION I WOULD HAVE IS MAYBE THAT OUR ATTORNEY COULD WEIGH INTO A LOT OF QUESTIONS.

OBVIOUSLY WE'RE GONNA GET THE APPLICANTS TO RESPOND IN WRITING TO ALL THESE QUESTIONS AND QUESTIONS.

I'D BE INTERESTED TO HAVE OUR ATTORNEY COMMENT ON SOME OF THE COMMENT OF THE FEEDBACK ON WHAT IS AN EVENT, HOW ARE WE DEFINING THIS AS THIS ACTUALLY MEETING WHAT IT WAS DESIGNATED TO DO.

I'D BE INTERESTED FOR, FOR ADVICE FROM OUR COUNSEL ON THAT.

I DON'T KNOW.

I DON'T, I I ALREADY HAVE SOME LITERATURE ON MY COMPUTER TO ADDRESS THAT.

THANK YOU.

YEP.

LOOK FORWARD TO READING WHATEVER YOU COME UP WITH.

OKAY.

ANYONE ELSE? THERE'S JUST LIKE ONE SUPER QUICK NOTE.

YOU CAN DO WHATEVER YOU WANT TONIGHT.

THIS DOOR IS YOURS.

I, I WAS READING THE COMMENTS ABOUT, UM, F IN THE CAB TO GO OUT AND DO AN INVASIVE SPECIES REVIEW IF THAT'S NOT WHAT I MEANT.

I DID NOT INTEND TO THAT AT ALL.

I JUST WASN'T, I JUST WANTED THEM, ANNISE SENT ME A FOLLOW UP TODAY.

I JUST WANTED 'EM TO LOOK AT YOUR PLANT LIST 'CAUSE THE UM, TYPE OF GRASS IS INVASIVE IN NEW YORK, SO YOU JUST HAVE TO SUB IT OUT FOR SOMETHING ELSE AND THEY CAN HELP YOU PLANT.

YEAH, THAT MADE GRASS.

HE RESPONDED.

ANNISE, I DON'T KNOW IF YOU SHARED IT WITH THEM YET, BUT I ACTUALLY DOES IT.

UM, WE JUST GOT IT RIGHT NOW, BUT IT IS INVASIVE.

SO THAT'S ALL I MEANT.

I JUST WANTED HIM TO LOOK AT THE LIST SO I DIDN'T INTEND TO LIKE SEND SOMEBODY OUT THERE TO GET UP IN YOUR STUFF.

OKAY, SO YOU'RE CLARIFYING THAT YOU DIDN'T WANT A LIST OF ALL THE INVASIVE SPECIES ON THE SITE? NO, I JUST WANTED THE CAB TO REVIEW THEIR PLANT LIST BECAUSE I WAS WORRIED THAT ONE OF THEM WAS INVASIVE AND IT IS OKAY.

SO THEY JUST NEED TO SUB IT OUT.

THAT'S ALL THAT GOT CRISSCROSSED.

YEAH.

SO I'M GLAD THAT WE CLARIFI I'M GLAD YOU BROUGHT THAT UP AND CLARIFIED IT SO WE'RE CLEAR ON THE CABS.

CLEAR.

YEAH.

WHEN, WHEN YOU HAVE ANY MORE QUESTIONS ABOUT INVASIVE SPECIES AND A REPRESENTATIVE FROM THE CAB WHO I, I NEED TO MENTION WE'RE ALL VOLUNTEERS AND, UM, GUARDIAN LO IS THE VICE CHAIR OF THE CAB AND HE SAID THAT HE WOULD GO OUT AND LOOK AT THIS PARTICULAR PROPERTY OR INVASIVE SPECIES, UM, IF WE NEEDED.

SO I WOULD SUGGEST THAT IF THIS, IF ANYBODY WANTS THIS TO HAPPEN, WE CALL HIM DIRECTLY AND THAT WE'VE ALREADY CALLED GAR OFF.

THAT'S NOT WHAT I MEANT.

I JUST MEANT TO SEND THE PLANT LIST, WHICH ONLY HAD FOUR PLANTS ON IT BECAUSE THIS ONE GRASS THREW A FLAG FOR ME.

WE, WE HAVE A NEW PLANT LIST.

OKAY, GREAT.

UM, AND UH, THIS, SO YOU HAVE A PLANT LIST? YES, YES.

I MEANT THE PLANT LIST ON THERE ON THEIR SITE.

AND THEN WE ALSO HAVE NOW THAT HE HAS JUST CREATED A SHRUB BUSH LIST, WHICH I GUESS WOULD FALL UNDER THE WORD PLANT, BUT YOU KNOW, LIKE PLANTS, RIGHT? BUT IN CO IN, IN REFERENCE TO THIS PROJECT, WHAT SHE'S SAYING IS WE HAVE THE PLANT LIST ON OUR PLAN.

THANK SO WE'RE GOOD.

THANK YOU FOR THAT.

YEAH, WE JUST NEED, NEED A SUBSTITUTION AS ALL, SO I DIDN'T NEED CAUSE OF CONFUSION.

PLANT LIST TOO.

YEAH.

AND THE PREFERRED PLANT LISTS ARE GREAT.

THE RESOURCES FOR, FOR YOU GUYS.

YEAH.

OKAY.

SO WE'RE GONNA TABLE THIS.

UM, WHEN WOULD BE THE NEXT DATE THAT'S AVAILABLE? DO WE, WHAT DO WE HAVE OPEN ON THERE? HOW LONG DO THEY NEED TO RESPOND TO? THERE WAS QUITE A NUMBER OF QUESTIONS.

YEAH.

HOW LONG DO THEY NEED? I'LL BE ON IT.

9:00 AM TOMORROW.

YOU WANNA MOVE ON THE 21ST?

[03:10:01]

YOU CAN DO IT THE 21ST IF WE HAVE AN OPENING.

YEAH, SURE.

YOU CAN DO IT ON THE 21ST.

SO I NEED A MOTION.

PLEASE MAKE A MOTION.

WE TABLE ALCHEMY TO THE 21ST.

NOW WE'RE LEAVING THE PUBLIC HEARING, RIGHT? YES.

SECOND.

SO IT'S BEEN MOVED BY DENNIS CHAPMAN FOR THE MOTION AND SECOND BY DAN DENNIS AND DAN DEAN SELECT.

UM, ALL THOSE IN FAVOR? AYE.

AYE.

REALLY QUICKLY, I DO HAVE AN ASK OF THE BOARD.

SO JUST TO CLARIFY THE SITE PLAN AND TIMELINE AND EVERYTHING, WE RECEIVED THE SITE PLAN FROM ALAMI ON WEDNESDAY AND THEN WE DID RECEIVE AN UPDATED ONE ON FRIDAY.

UM, WE GAVE IT TO THE NEIGHBORS ON MONDAY OR TUESDAY, AND THE BOARD ALSO GOT MADE.

UM, I WOULD IMPLORE THE BOARD TO READ THE RESOLUTION FROM THE APPROVED RESOLUTION FROM THE TOWN BOARD BECAUSE IT DOES SPECIFICALLY SAY THAT BEN 9 25 23 SITE PLAN WOULD BE AMENDED BASED OFF OF THE CONDITIONS THAT ARE ON THE APPROVED RESOLUTION.

UM, THE REASON I ADD THAT IS BECAUSE SOME OF THE USES THAT ARE ON THERE, THE BOCCE BALL, THE VOLLEYBALL ARE IN THAT RESOLUTION.

SO I WOULD JUST SAY LOOK AT THE RESOLUTION, WHAT WAS IN THE USAGE THAT ARE ON THERE AND COMPARE IT TO WHAT IS ON THE SITE PLAN.

JUST SO ON THE 21ST, WE DON'T HAVE THESE QUESTIONS ABOUT IS ON THERE? IS ABOUT TO GO ON THERE.

JUST GET UP TO SPEED.

WHAT WAS ON THE SOUND RESOLUTION, JUST SO THAT WE ALL ARE AWARE OF WHAT WAS OFFICIALLY APPROVED SO THAT WHEN WE'RE TALKING ABOUT THE SITE PLAN, WE KNOW WHAT IT SHOULD BE ON THERE.

AND I, AND I DON'T REMEMBER THE RESOLUTIONS THAT ARE IN ON THE SHAREPOINT, CORRECT? YES.

OKAY.

I .

OKAY.

ALL RIGHT.

ANYTHING ELSE FOR THE BOARD? WE HAVE MINUTES.

MINUTES? OKAY.

WE HAVE, I WOULD MAKE A MOTION TO APPROVE THE MINUTES FROM THE JANUARY 3RD MEETING.

SECOND.

ALL THOSE IN FAVOR OF APPROVING THE MINUTES FROM JANUARY 3RD? AYE AYE, AYE.

ANY OPPOSED? NONE.

OKAY, DAN.

I WAS GONNA SAY GET THAT NEW JOB NOW.

BILL NEEDS JOB.

YOU WANNA ADJOURN THE MEETING ? OH, YOU KNOW WHAT? YEAH.

WELL I'LL MAKE THIS MOTION.

YOU, YOU DON'T WANNA GIMME THIS JOB BECAUSE I'LL MAKE IT AT EIGHT O'CLOCK.

YOU HAVE TO BE SECOND AND THAT WON'T WORK.

YEAH, YEAH.

I GOT ONE SECOND.

I BRING OUT EVERY MEETING.

THAT WON'T BE IT.

MOTION ADJOURNED.

SECOND.

ALL THOSE IN FAVOR? AYE.

AYE.

MEETING ADJOURNED? YEAH.

ANYTHING WORK YET? I JUST WANTED TO SAY, YOU GUYS, I KNOW CHECK.