[00:12:51]
[00:12:51]
IS[00:12:52]
THE SPECIAL USE PERMIT APPLICATION.SORRY THAT WE'RE NO, NO PROBLEM AT ALL.
UM, WE WORKED HARD ON THAT DESIGN
UH, MY NAME IS ANDY GALL FROM SBA AND CLARK.
UH, I'M WORKING WITH WESTER AND AVIS.
UH, WESTER, AS YOU MENTIONED, UH, THEY WOULD LIKE TO LEASE THIS BUILDING.
IT'S CURRENTLY USED AS THEIR ACCESSORY SHOP, UM, WHERE THEY INSTALL RADIOS AND THAT SORT OF THING.
UH, THEY'RE GONNA BE MOVING OUT.
THERE'S NO PHYSICAL CHANGES TO THE SITE OR ANYTHING.
UH, IT'S BASICALLY JUST A CHANGE OF USE FOR THE BUSINESSES.
SO WE'RE SEEKING A SPECIAL USE PERMIT THEN TO ALLOW 'EM TO DO SO.
AND I JUST WANNA GET THIS OFF THE RECORD, ON THE RECORD RIGHT AWAY.
SO THERE'S NOT GONNA BE ANY CAR SALES AT THIS POINT? NO.
HOW MANY CARS ARE YOU GONNA BE STORING? UM, I CAN'T SAY FOR SURE.
I MEAN, THEY'VE LOOKED AT THE SITE, THEY'VE LOOKED AT THE NUMBER OF PARKING SPACES.
THEY FEEL THAT THAT'S ADEQUATE FOR WHAT THEY'RE DOING.
I'M SURE IT'S LIKE THEY HAVE SOME COMING ON, SOME LEAVING.
THEY DON'T HAVE A SPECIFIC NUMBER THAT'S ALWAYS THERE.
BUT, UM, I ENVISION THAT THIS TO BE SIMILAR TO THE ONES DOWN THE ROAD ON SOUTHWESTERN BOULEVARD, NORTHRIDGE PARK, WHERE IT'S A SIMILAR SIZE SITE AND CARS ARE KIND OF JUST PARKED LIKE AS THEY'RE PARKED RIGHT NOW.
KIND OF LIKE FACING INTO BOTH ROADWAYS.
I BELIEVE THEY HAVE LIKE 24 PARKING SPACES.
SO, YOU KNOW, I, I THINK THAT'S PROBABLY SUFFICIENT FOR, OKAY.
SO I UNDERSTAND THAT THERE WAS A QUESTION ALREADY ABOUT HOW THIS RENTAL FACILITY COULD BE AT THIS LOCATION.
IT'S NOT A CAR SALES AND IT'S BECAUSE IT'S UNDER THE DEFINITION.
UM, AM I RIGHT? IS SOMEBODY YOU WANNA JUMP IN IF YOU WANT TO.
IT'S UNDER THE DEFINITION OF, UM, RENTAL FOR REPAIR, UM, UNDER THAT USE.
I UNDERSTAND THAT, BUT THE SPECIAL USE AREA THAT THEY USE, THEY'RE CALLING IT CAR SALES.
AND, UH, TO ME, I, I WANNA, I WANT SOMETHING IN WRITING FROM THE CODE ENFORCEMENT THAT SAYS THAT EVEN THOUGH THEY USED A SPECIAL USE, UH, AREA, UH, FOR DEALERSHIPS, WHICH IS
[00:15:01]
BASICALLY WHAT THEY GOT GOING THERE, UH, ON THE, ON THE NEW LAW, ON THAT LAW, I REALIZE THIS SHOWING RENOLD, BUT I WANT TO BE ASSURED THAT THE CODE ENFORCEMENT OFFICER, THAT'S WHAT HE'S SAYING.'CAUSE I DON'T EVER WANNA SEE CAR SOLD OUT OF THERE.
AND I THINK THE ONLY WAY DO THAT IS IF HE PUTS SOMETHING IN WRITING TO THIS BOARD.
UH, THAT AS FAR AS THE CODE ENFORCEMENT GOES, IT'S LEGAL.
I MEAN, IT'S NOT BIG, IT'S JUST THAT THEY CITED ONE SPECIAL USE PERMIT AREA, WHICH DEALS WITH POWER DEALERSHIPS.
SO IF YOU'RE GETTING A SPECIAL USE PERMIT UNDER THAT, THEN I WOULD ASSUME YOU CAN'T GO ON SOUTHWESTERN.
IF THE CODE ENFORCEMENT OFFICER SAYS THAT I'M WRONG AND IT PUTS IT IN WRITING, I GOT NO PROBLEM WITH IT.
I'LL GET THAT FOR YOU FROM CHUCK.
YEAH, BECAUSE YOU KNOW, HAVE, LAST TIME ONE, ONE GUY SAID ONE THING, ONE GUY SAID ANOTHER, WE NEVER HAD ANYTHING IN WRITING.
I THINK THAT'S SOMETHING FROM, YOU KNOW, YOU ALWAYS THAT, SO YEAH, I MEAN THAT'S, THAT'S MY MAIN THING.
I JUST WANT TO MAKE SURE THAT WE'RE NOT VIOLATING THE SIT THE TOWN LAW THAT SAYS, UH, ALL CAR DEALERSHIPS AND SO ON HAVE TO BE ON CAMP ROAD.
YEAH, THAT'S THE ONLY QUESTION I HEAR.
ANYONE ELSE? ANY CHANGES TO THE OUTSIDE OF THE BUILDING OTHER THAN THE NEW SIDE? NOTHING.
SO SITE PLAN IS GONNA BE, YEAH, THAT'S WHY WE SURVEY BECAUSE NOTHING SIMPLE.
ANYONE ELSE? ANY OTHER QUESTIONS? NO.
SO THE NEXT MOVE WOULD BE, UM, TO ORDER A PUBLIC HEARING FOR THIS, UM, PROJECT AND TO GET CLARIFICATION IN WRITING.
SO WE JUST HAVE IT ON RECORD THAT MEMBER CHAPMAN ASKED FOR.
SO WHEN WOULD WE DO, WHEN CAN WE SCHEDULE THE PUBLIC HEARING? I DON'T KNOW WHAT WE HAVE SCHEDULED ALREADY FOR THREE SIX.
DO WE HAVE ANY CASES FOR THREE SIX? YEAH.
UM, WE DO, BUT WE ONLY HAVE TWO ON THE REGULAR.
WHO DO WE HAVE, WE HAVE PUBLIC HEARING FOR STONEFIELD AND ANOTHER PUBLIC HEARING FOR
WHAT WAS THE SECOND? WILL YOU BE, YOU SAID I'M SORRY.
SO IS THIS MARCH 6TH WORK FOR YOU TO COME BACK? YEAH.
I THINK IT'LL BE A QUICK PUBLIC HEARING MUCH.
I THINK IT'LL BE A QUICK PUBLIC HEARING.
I WOULDN'T, I DON'T, I DON'T SAY THAT ANYMORE.
UM, OKAY, SO DO I HAVE A MOTION? DO I NEED A MOTION? YEAH, I, I MAKE A MOTION WITH TABLE TO MARCH 6TH MADE A MOTION TO SCHEDULE PUBLIC HEARING FROM MARCH 6TH.
THESE LAWYERS, YOU KNOW, UH, YEAH.
TO SCHEDULE A PUBLIC HEARING ON, UH, MARCH 6TH.
THE RIGHT COMPANY IS VIS BUDGET.
VIS BUDGET RENTAL FOR MARCH 6TH.
ALL THOSE IN FAVOR? ALL RIGHT.
WHAT, WHAT WE DOING HERE? I'LL TAKE A BREAK.
SO CINDY, FOR THAT, I MEAN, WE'LL STILL DO YOU KNOW, ASSUMING IT GETS APPROVAL, WE'LL, I'LL GET EM, SEND US THREE COPIES OF THE SURVEY.
WE'LL SIGN THAT THERE'LL BE NO ENGINEERS REVIEW.
I MEAN, WE'LL AMP THE SURVEY AS THE SITE PLAN APPROVAL.
AND SO COULD WE APPROVE IT NEXT IF THE NEXT WE CAN'T IN CA WELL, IF FOR THE PUBLIC HEARING, IF THERE'S NOT, IF THERE'S NO COMMENTS, CAN WE YEAH, WE, WE DO THE RESOLUTIONS AND EVERYTHING WE CAN.
SO SHOULD I ORDER RESOLUTION? CAN I ORDER RESOLUTIONS? UM, IS IT TOO LATE FOR ME TO ORDER THE SOLUTION? NO.
UH, I'D LIKE TO ORDER THE RESOLUTIONS FOR THANK YOU.
BECAUSE WE DON'T HAVE TO ACT ON THEM.
EVEN IF THEY DO IT, YOU DON'T NEED HER DO A MOTION TO ASK FOR 'EM.
NO, I KNOW YOU DIDN'T NEED A MOTION.
IT WAS JUST BECAUSE YOU LEFT THE ROOM AND WE ALREADY MOVED ON THAT.
I WANTED MAKE SURE THAT I COULD DO, I'M SURE YOU'D BE HAPPY TO HEAR.
I WAS GONNA SAY, I KNOW HE WOULD OBJECT TO THE RESOLUTION BEING READY TO GO.
I JUST WANT EVERY, YOU KNOW, I APOLOGIZE FOR, FOR BEING LATE.
I, UH, I'M FIGHTING A KIDNEY STONE OR IT'S FIGHTING KIDNEY STONE, SO I OH YEAH, IT'S BAD.
UM, SO I CAN'T GUARANTEE HOW LONG I'M GONNA STAY UPRIGHTLY CONSCIOUS.
IT'S, IT'S A BAD, I'VE HAD SOME JUICE.
HAD YOU BAD KIDNEY STONE? I, TODD, I DO ABOUT THREE A YEAR.
[00:20:01]
I WAS KIDNEY.I CAN TELL YOU WHAT SIZE I TRY TO GET RID OF THEM MYSELF.
I'VE BEEN HOSPITALIZED IN, IN 32 YEARS OF KIDNEY STONES.
I'VE ONLY BEEN HOSPITALIZED TWICE FOR THE KIDNEY STONES.
YEAH, THIS COULD BE, THIS COULD BE THREE.
I'M GUESSING THIS IS OVER 7 MILLION.
YEAH, I WAS GONNA SAY THAT REAL LOUD.
I PASSED THE NINE PLUS OF NEARLY ON STREAM.
CONSIDERED THAT'S CONSIDERED 0%.
KNOW MY MEDICAL HISTORY ON IT.
THAT'S NO SECRET, THAT'S FOR SURE.
[00:39:03]
HAMBURG[00:39:05]
PLANNING[00:39:05]
BOARD MEETING FOR FEBRUARY 21ST, 21ST, 2024 TO ORDER, UM, ANNISE, WOULD YOU PLEASE CALL THE ALL READY? UM, MARGO HERE.WE HAVE ALL THE MICS ON NOW? YES.
UM, BILL, WOULD YOU LIKE TO LEAD US IN, UH, UM, PLEDGE OF ALLEGIANCE BEFORE WE PLEDGE? SUE THE FLAG, THE UNITED STATES OF AMERICA AND SUE THE REPUBLIC FOR WHICH STANDS ONE NATION UNDER GOD INDIVIDUAL WITH THE DEFEAT JUSTICE TRIAL.
[00:40:01]
I SAID I NOTICED THAT IT WAS REFLECTED IN THE MINUTES THAT YOU LET US IN THE PLAY THIS TIME.SO A COUPLE OF HOUSEKEEPING NOTES THIS EVENING BEFORE WE START ON OUR FIRST CASE, WHICH IS TOWN AND CHRYSLER.
UM, FIRST OF ALL, I WANNA WELCOME EVERYBODY TO OUR MEETING THIS EVENING.
UM, WE DO HAVE A MICROPHONE TONIGHT SO EVERYBODY CAN HEAR EVERYBODY.
WE'VE HAD THE IT DEPARTMENT WORK.
UM, ANNALISE HAS GOT THE PORTABLE MIC.
YOU WILL COME UP TO THE BOARD.
IT'S VERY IMPORTANTLY SIGN IN THE SIGN IN SHEET.
AND I'M INVOKING THE THREE MINUTE RULE THIS EVENING FOR ALL PUBLIC HEARINGS.
IT WILL BE THE, THIS WILL BE INVOKED FOR EVERY MEETING FROM HERE ON IN.
AND, UM, IF, UM, WHEN YOU COME UP, PLEASE INDICATE YOUR NAME ON THE, MAKE SURE YOU SIGN IN ON THE SIGN SHEET AND THEN STATE YOUR NAME AT THE PODIUM ONCE YOU, UM, GO TO SPEAK.
SO HAVING SAID THAT, OUR FIRST CASE IS TOWN AND CHRYSLER, UM, DODGE JEEP RAM, REQUESTING A SITE PLAN APPROVAL FOR A NEW 4,473 SQUARE FOOT ADDITION TO THEIR BUILDING LOCATED AT 51 30.
UH, CAMP ROAD BOARD MEMBERS WILL REMEMBER THAT THEY WERE ON OUR, UH, AGENDA LAST MONTH.
HOWEVER, WE POSTPONE THIS BECAUSE THEY NEED A SPECIAL USE PERMIT AS WELL.
UM, SO WOULD YOU LIKE TO COME ON UP AND IF YOU WANT ME TO SURE.
I'M THE CHAMBERLAIN CORPORATION.
UH, I AM ENGINEERING CONTRACTING FOR TOWN JEEP CHRYSLER RAM.
WE'RE LOOKING FOR OUR SPECIAL USE PERMIT FOR THE AUTO FACILITY.
ALSO 4,500 SQUARE FOOT ADDITION ONTO THEIR EXISTING FACILITY FOR A INDEPENDENT JEEP SHOWROOM.
UM, THE ADDITION IS COVERING UP LAPTOP.
THERE WILL BE NO IMPACT ON DRAINAGE.
THERE WILL BE NO SITE CHANGE, UM, OR NO SITE LIGHTING CHANGES.
IT'S JUST SOMETHING BETWEEN, UH, FRANCHISE IS REQUESTING THAT WE DO.
ANY QUESTIONS? PLANNING DEPARTMENT, DO YOU HAVE ANYTHING TO ADD TO THIS? NO, WE DON'T.
ENGINEERING, DO YOU HAVE ANYTHING TO ADD? NO, WE DON'T.
WHAT WAS THE SPECIAL USE PERMIT FOR? I'M SORRY.
THE SPECIAL USE PERMIT? I'M GONNA LET ANNALISE EXPLAIN THAT.
SO WHEN THEY CAME LAST TIME, WE HAD NO SPECIAL USE PERMIT ON RECORD.
SO WHEN THEY CAME AROUND FOR THIS TIME, UH, WE DIDN'T HAVE A SPECIAL SPECIALTIES PERMIT TO REFERENCE.
SO WE, THEY HAD TO COME DO THEIR APPLICATION FOR IT.
SO THEY SUBMITTED AN APPLICATION AND NOW THIS IS JUST KIND OF THE, THE PUBLIC HEARING FOR THAT PERMIT.
EVEN THOUGH IT'S ALREADY EXISTING, ALREADY EXISTING GRANDFATHER, THEY USED TO GO, THEY USED TO BE DOWN THE STREET AND THEN THEY BOUGHT THE EXISTING DEALERSHIP.
AND THAT'S NOT ONE OF THE THINGS THAT'S SIGNED LIST WHEN YOU BUY SOMETHING.
SO IT'S NOT REQUESTED ON ANYTHING.
SO THIS IS AN UNLISTED, UM, ACTION UNDER SEEKER AND A COORDINATED REVIEW IS NOT REQUIRED.
UM, HOWEVER, WHAT AND WAS NOT DONE FOR THE PROJECT.
WE NEED TO HOLD A PUBLIC HEARING THIS EVENING.
AND SO, DENNIS, DO YOU HAVE THE NOTICE, LEGAL NOTICE, TOWN HAMMER, PLANNING BOARD SITE PLAN, AND SPECIAL USE PERMIT APPROVED PUBLIC HEARING NOTICES HEREBY GIVEN THAT THE TOWN OF HAMBURG PLANNING BOARD WILL CONDUCT A PUBLIC HEARING ON A PROPOSAL BY TOWN CHRYSLER DODGE JEEP RAM FOR A NEW 4,473 FOOT SQUARE FOOT ADDITION TO THEIR BUILDING LOCATED AT 5 1 3 0 CAMP ROAD.
THE PUBLIC HEARING WILL BE HELD ON FEBRUARY 21ST, 2024 AT 7:00 PM IN ROOM SEVEN B OF THE HAMBURG TOWN HALL IS CLARK CHAIRMAN.
UM, IS THERE ANYONE IN THE AUDIENCE THAT WISHES TO MAKE COMMENT IN REGARDS TO THIS, UM, CASE CALLING? SECOND TIME? IS THERE ANYONE IN THE AUDIENCE THAT WISHES TO MAKE COMMENT IN REGARDS TO THE TOWN AND CHRYSLER DODGE JEEP RAM DEALERSHIP? THIRD AND FINAL TIME, IS THERE ANYONE IN THE AUDIENCE THAT WISHES TO SPEAK IN REGARDS TO TOWN CHRYSLER, DODGE, JEEP, AND RAM HAVING NO RESPONSE? I'M GONNA CLOSE THE PUBLIC HEARING.
UM, IS THERE ANYTHING ELSE THAT WE NEED
[00:45:01]
AT THIS POINT? BOARD MEMBERS? WE DO HAVE A RESOLUTION READY FOR THIS EVENING.UM, ARE WE READY TO GO WITH THE RESOLUTION? I'M READY.
WHEREAS THE TOWN OF HAMBURG PLANNING DEPARTMENT RECEIVED A SITE PLAN APPLICATION FROM TOWN CHRYSLER DODGE JEEP RAM, INCORPORATED FOR CONSTRUCTION OF A 4,473 SQUARE FOOT BUILDING EDITION AT 5 1 3 0 CAMP ROAD.
AND WHEREAS THE TOWN OF HAMBURG PLANNING BOARD HELD A REQUIRED PUBLIC HEARING, AND WHEREAS THE TOWN OF HAMBURG PLANNING BOARD HAS REVIEWED THE PROJECT AGAINST THE TOWN CODE, HAS RECEIVED INPUT FROM TOWN DEPARTMENTS AND OTHER AGENCIES AND PROVIDED INPUT TO THE APPLICANT THAT HAS RESULTED IN AMENDED PLANS ADDRESSING THE PLANNING BOARD CONCERNS.
AND WHEREAS IN ACCORDANCE WITH PART 6 1 7 OF THE IMPLEMENTING REGULATIONS PERTAINING TO ARTICLE EIGHT STATE ENVIRONMENTAL QUALITY REVIEW ACT OF THE ENVIRONMENTAL CONSERVATION LAW, THE TOWN OF BURY PLANNING BOARD HAS DETERMINED THAT THE PROJECT IS AN UNLISTED ACTION AND NO FURTHER SECRET ANALYSIS IS REQUIRED.
BURY PLANNING BOARD IS LEAD AGENCY, CHOSE NOT TO SUBMIT A COORDINATED REVIEW AND NOW THEREFORE BE RESOLVED.
TOWN OF HAMBURG PLANNING BOARD ISSUES CONDITIONAL SITE PLAN APPROVAL FOR THIS PROJECT WITH THE FOLLOWING CONDITIONS, ONE APPROVAL IS CONTINGENT UPON THE ENGINEERING DEPARTMENT COMMENT LETTER DATED 1 12 24.
UM, WE NEED, WE NEED A RESOLUTION FOR, FOR SEEKER FIRST.
WE NEED A RESOLUTION TO NOT DO THE COORDINATOR REVIEW.
WELL, YOU NO, BUT YOU, YOU MENTIONED IT, IT, I DIDN'T SEE THE RESOLUTION, BUT IT SAID IT'S AN UNLISTED ACTION AND NO FURTHER SEEKER ACTION AND NO SEEKER WAS, UM, NO SEEKER ANALYSIS IS REQUIRED.
SO, OH, SO THE UNLISTED, SO WE DO NEED TO DO SECRET.
YOU DO YOU JUST HAVE
SO THE SECOND ONE WOULD, I'LL MAKE A MOTION FOR A NEGATIVE DEC SEEKER DECLARATION FOR TOWN OF HAMBURG, UH, FOR TOWN CHRYSLER DODGE JET R INCORPORATED.
SECOND, IT IS BEEN MOVED AND SECONDED FOR A NEGATIVE DECK ON TOWN CHRYSLER JEEP.
IS THERE NO FURTHER DISCUSSION? UM, ANNALISE, PLEASE CALL THE ROLL FOR THE VOTE.
WE'RE VOTING ON THE NEG DECK, RIGHT PER SEEKER.
MICHELLE, SHOULD I SAY SOMEONE WHO'S NOT HERE? MARGO VALENTI? YES.
SO MAKE A MOTION FOR A SPECIAL USE PERMIT RELATING TO COUNT TOWN CHRYSLER, DODGE, JEEP, AND RAM, INCORPORATED FOR AUTO SALES.
SO IT'S BEEN MOVED AND SECONDED FOR A MOTION FOR THE, SAY THAT AGAIN.
THE SPECIAL USE PERMIT, SORRY.
NOW, WHEREAS THE TOWN OF HAMBURG PLANNING DEPARTMENT RECEIVED A SITE PLAN APPLICATION FROM TOWN CHRYSLER DODGE, JEEP RAND INCORPORATED FOR THE CONSTRUCTION OF A 4,473 SQUARE FOOT BUILDING EDITION AT 5 1 3 0 CAMP ROAD.
AND WHEREAS THE TOWN OF HAMBURG PLANNING BOARD HELD THE REQUIRED PUBLIC HEARING AND WHEREAS THE TOWN OF HAMBURG PLANNING BOARD HAS REVIEWED THE PROJECT AGAINST THE TOWN CODE HAS RECEIVED INPUT FROM TOWN DEPARTMENTS AND OTHER AGENCIES AND PROVIDED INPUT TO THE APPLICANT THAT HAS RESULTED IN AMENDED PLANS ADDRESSING THE PLANNING BOARD'S CONCERNS.
AND WHEREAS IN ACCORDANCE WITH PART 6 1 7 OF THE IMPLEMENTING REGULATIONS PERTAINING TO ARTICLE EIGHT STATE ENVIRONMENTAL, UPON REVIEW ACT OF THE ENVIRONMENTAL CONSERVATION LAW, THE TOWN OF HAMBURG PLANNING BOARD HAS DETERMINED THAT THE PROJECT IS AN UNLISTED ACTION AND NO FURTHER SECRET ANALYSIS IS REQUIRED.
HAMBURG PLANNING BOARD AS LEAD AGENCY, CHOSE NOT TO SUBMIT A COORDINATOR REVIEW AND NOW THEREFORE BE IT RESOLVED THAT THE TOWN OF HAMBURG PLANNING BOARD ISSUES THE CONDITIONAL SITE PLAN APPROVAL OF FOR THIS PROJECT WITH THE FOLLOWING CONDITIONS.
ONE APPROVAL OF CONTINGENT UPON THE ENGINEERING DEPARTMENT COMMENT LETTER DATED JANUARY 12TH, 2024.
TWO, THE FINAL LANDSCAPE PLAN WILL BE APPROVED BY THE PLANNING DEPARTMENT.
ANY LIGHTING SHALL BE SHIELDED IN DARK SKY COMPLIANT AS SHOWN ON THE PLANS.
FOUR SIDEWALKS ARE NOT WARRANTED AS THEY EXIST ALONG CAMP ROAD.
CINDY, THERE IS AN UPDATED ENGINEERING LETTER DATED 2 16 24.
SO WE'RE GONNA AMEND THAT RESOLUTION TO SHOW TWO 16 OF 2024.
IS THERE A SECOND FOR THIS? FOR THIS MOTION? SECOND.
[00:50:01]
IT IS BEEN MOVED IN.NONE OPPOSED? I THINK YOU'RE GOOD TO GO.
I'LL GET YOU THE TREE SPECIES AS SOON AS THEY BUT
SNEAKY, GRITTY, YOU KNOW, YEAH.
UM, WAIT, DID WE ASK RESOLUTION? WHAT'S THE MATTER? UH, JESS JUST QUESTIONING IF, UM, THE RESOLUTION, IF IT WAS THE ONE THAT INCLUDED THIS, THE, BECAUSE IT'S TWO PARTS.
IT'S THE, WELL, THREE PARTS ACTUALLY THE SECRET, WE ONLY GOT ONE.
THERE'S THE SECRET RESOLUTION, THEN THERE'S THE SPECIAL USE PERMIT RESOLUTION, AND THEN THERE'S THE SITE PLAN RESOLUTION.
UH, IF, IF THAT'S, IF I'M READING THAT CORRECTLY.
THAT'S NOT THE ONE I KNOW THAT'S NOT WHAT WE GOT.
I KNOW, KNOW IT DOESN'T MATCH THE PRE-FILE RESOLUTION YOU, THEY PUT TOGETHER.
THE, THE DIRECT RE I'LL PRE DRAFT RESOLUTION WAS THREE RESOLUTIONS.
A SECRET NEGATIVE DECLARATION, AN ISSUANCE OF A SPECIAL USE PERMIT WHERE YOU REFERENCED THE LAW.
IT'S, IT WAS SUBMITTED TO YOU GUYS.
UM, I DON'T KNOW THAT'S THE WRONG ONE.
THE SITE PLAN IS DEPENDENT ON THE PRIOR TWO RESOLUTIONS.
THAT'S NOT WHAT WAS ON AT THE TABLE.
SO WE HAVE A COPY OF THE, UM, CORRECT RESOLUTION.
SO I'LL JUST, I'LL PULL THE COPIES OF FOR THE NEXT THING AND THEN, AND TAKE THEM OFF THE EMAIL INSTEAD OF, WE GOT NOTES SINCE I GOT EMAILS SO YOU CAN SEE THE ATION.
THE SECRET PART OF THE, UH, SO DO WE HAVE TO REDO THIS FOR THE RECORD DREW THEN? OR DO WE NEED A COPY TO READ JOE? I, THE RESOLUTION I MADE FINE.
YOU MADE THE THREE, YOU MADE THE THREE RESOLUTIONS.
I CAN YOU MAY I I DIDN'T, I DIDN'T HEAR THE, I DON'T RECALL.
MAYBE I MISSED IT 'CAUSE I WAS TRYING TO FLIP THROUGH THE, DID THIS ONE FOR NEGATIVE DECKS FOR SPECIAL USE.
I SAID I HEAR THE ONE IF IT HAPPENED.
WE DID DO THE ONE CONNECTED DECK.
ONE DID DECK I THE ONE FOR SPECIAL USE.
BUT IN THE SPECIAL USE, I DIDN'T GO THROUGH ALL THE CONDITIONS THAT WOULD THE SPECIAL USE EXACTLY.
I TRIED, I DON'T KNOW MEMORIZED.
I, I TRIED, I WAS FLIPPING THROUGH IT AS FAST AS I COULD TO, TO SEE IF WE WERE ON THE SAME PAGE.
AND I JUST, SO AGAIN, MY QUESTION IS DO WE HAVE TO REREAD WHAT IS IT? IT SHOULD GO ON THE RECORD WITH THE CORRECT.
OKAY, THEN I NEED A COPY OF IT.
CAN SOMEBODY GET ME A PRINTOUT? UM, I DIDN'T HEAR IN OUR, IT'S NOT IN THE FINAL, THE RESOLUTION.
I, I HAVE A DRAFT, I HAVE SOME, UM, ANNOTATIONS.
SO MINE ISN'T A, IS A FINAL FINAL EITHER.
I DON'T HAVE THE ORIGINAL, THE RESOLUTION THAT JOE, THAT, UM, THROUGH HAS THROUGH SHOWED ME.
LET ME, I'M GONNA GONNA FIGURE THAT SO WE CAN GET A COPY AND READ IT, REREAD IT AT THE END, TOWARDS THE END OF THE MEETING.
I'M GONNA MOVE ON, BUT WE, WE CAN GET A COPY PRINTED AND THEN WE'LL REREAD IT FOR THE RECORD.
WILL THAT BE OKAY JOHN? THAT THAT'S FINE.
OUR SECOND, UM, CASE IN FRONT OF US TONIGHT IS ALCHEMY SHORES REQUESTING A SITE PLAN APPROVAL FOR A MIXED USE CENTER TO LO TO BE LOCATED AT 3 7 8 0 HOOVER ROAD.
UM, HERE'S A LITTLE BACKGROUND.
WE HAD, UM, THE PUBLIC HEARING WAS STILL OPEN.
WE DID RECEIVE ADDITIONAL COMMENTS EMAILED TO THE TOWN.
THEY ARE A PART OF THE RECORD AND WHAT'S BEEN ADDED TO US SINCE, UM, THE PETITIONER WAS LAST HERE IS THE BOARD, THE PLANNING BOARD IS NOW REQUIRED TO DO A SEEKER.
AND THE REASON WE ARE YES, TOWN BOARD IS SEEKER, RIGHT? NOPE, IT'S, LET ME JUST FINISH AND I'LL GO THROUGH IT.
SO AT THE TIME THAT, UM, THIS CAME TO THE TOWN BOARD, THE TOWN BOARD ORIGINALLY DID SEEKER, AND THEN WHAT HAPPENED WAS WHEN THE APPLICANT SENT IN THE SEIF, HOWEVER IT DIDN'T COME IN UNTIL APRIL.
AND WHEN IT CAME IN THERE, THE NOTIFICATION FOR ALL PARTIES WERE COORDINATED, REVIEWED, DID GOT, DID NOT GET SENT OUT.
THIS DID NOT GET PICKED UP UNTIL THE APPLICANT WENT TO DEC
[00:55:02]
TO APPLY FOR A PERMIT FOR A BOARDWALK.AND SO DEC DID A SEEKER FOR THE BOARDWALK AND THE SAND DUNES.
AND THAT'S WHY YOU GUYS WERE ALL OF YOU HAVE A COPY OF THAT IN YOUR PACKET.
SO UPON THIS, UM, MISSING PIECE OF THE PUZZLE, WE WERE NOTIFIED IN OUR PACKET THAT WE HAVE TO DO SEEKER.
SO, BUT BEFORE WE GET TO THAT, UM, THAT'S GONNA BE PART OF OUR JOB.
BUT TONIGHT, THE REASON WHY I HELD OPEN THE PUBLIC, THE, UH, PUBLIC HEARING IS DUE TO THE FACT THAT THE, UM, SIR, LET ME FINISH AND THEN YOU CAN COME UP AND ADDRESS THE BOARD.
I HAVE A QUESTION THAT CHAIR, LET ME FINISH AND THEN YOU CAN, SO AT THE TIME THAT THIS HAPPENED, UM, WE WERE NOTIFIED THAT WE NEED TO DO TO DO SEEKER.
WHAT I'D LIKE TO DO BEFORE WE DO THAT IS BECAUSE WE HAVE THE SITE PLAN IN FRONT OF US AND WE NEED TO MATCH IT TO THE TOWN RESOLUTION TO MAKE SURE THAT THE, THAT WHAT'S ON THE SITE PLAN MATCHES THE RESOLUTION FROM THE TOWN.
SO I'M ASKING THE BOARD FOR THEIR ASSISTANCE IN THEIR DECISION, DO YOU WANT TO WORK ON DISCUSS SEEKER FIRST OR WOULD YOU LIKE TO LOOK AT THE SITE PLAN AND MATCH IT UP TO THE TOWN RESOLUTION AND SEE WHAT IS, IF IT MATCHES? AND IF EVERYTHING IS ON THERE, I'D LIKE TO SEE THE SITE PLAN, HOW IT MATCHES.
ANNISE, DO YOU HAVE A SITE ONE? UH, YES.
WE'RE GONNA GO WITH, UM, GOOD EVENING.
LONG LENGTHY, UM, DISSERTATION.
BUT IF YOU COULD STATE YOUR NAME FOR THE RECORD PLEASE.
COUNSEL, I'M WITH ALCHEMY SHORES AND ALCHEMY SHORE HOUSE OPERATOR OF SITE.
YOU MAY LIKE THE WIFE AT THIS POINT.
PJ MACINTOSH, OWNER OF 37 8 HO ROAD.
OKAY, SO WE HAVE THE SITE PLAN PLAN UP.
THE BOARD HAS ALSO HAD A CHANCE TO LOOK AT THE SITE PLAN AS THE CHANGES.
DO YOU HAVE ANYTHING ELSE TO ADD TO US SINCE YOU'VE BEEN IN FRONT OF US THE LAST TIME? UH, NO.
I KNOW THAT THERE WAS A DISCUSSION WITH THE ADJACENT NEIGHBOR REGARDING THE STORM OR THE RUNOFF OF THE GUTTERS ON HER PROPERTY IN THE REROUTING.
UM, IT IS NOTED ON THAT SITE PLAN THAT IT WILL BE SCHEDULED 40 PIPE THAT'S RUN ALONG THE SIDE OF THE BUILDING AND THEN IT'S GONNA COME OUT, IT'LL BE HARD PIPED ALL THE WAY TO THE BACK OF THE BUILDING AND THEN IT'LL GET FROM HARD PIPE TO PERFORATED PIPE.
AND THEN THAT LANDSCAPING OVER THERE ON THE, UH, WEST SIDE WILL BE, UM, THE PERFORATED PIPE WILL BE PASSED THROUGH THAT LANDSCAPING TO WATER.
JUST SAY CAST THAT MUCH BETTER.
SO LAST MEETING, I, MS. MARGARET REACHED OUT TO ME JUST TO DISCUSS THE, UH, SHE EMAILED ME REGARDING THE, UM, GUTTERS AND HOW WE WERE GONNA FIX THE GUTTER SITUATION.
AND IS NOTED ON THE SITE PLAN THAT WE'LL BE USING SCHEDULE FOR THE PIPE AND IT'LL BE HARD PIPE TO THE BACK OF THE BUILDING AND AS SOON AS IT REACHES THE BACK OF THE BUILDING WITH A NEW LANDSCAPING, UM, IF THEY'RE ON THE WEST SIDE AGAINST THE ADJACENT PROPERTY, IT WILL BE, IT WILL GO FROM HARD PIPE, PERFORATED PIPE TO WATER, THE, UH, LANDSCAPING THAT, UM, THAT WE'RE PUTTING THERE.
ALSO THERE IS ICE, UH, A LOT OF ICE THAT WE FOUND OUT SINCE WE'VE ONLY BUILDING FOR A YEAR AND A BIT NOW, UM, THAT DOES IS A STEEL ROOF, SO WE WILL BE PUTTING ON SNOW BOOTS AS WELL, ALL THE WAY ON, ON HER SIDE AND OUR SIDE AS WELL.
SO THAT'S NOT LISTED ON THERE, BUT I JUST WANT TO MAKE SURE THAT SHE KNEW THAT THAT'S WHAT WE WOULD DEFINITELY BE DOING THAT.
IS THERE ANYTHING ELSE THAT SHOULD BE ON THIS SITE PLAN THAT WE, THAT IS NOT LISTED AS WE HAVE IT? ARE THERE ANY OTHER ADDITIONS OR ARE ALL THE USES ON THE SITE PLAN? YEAH, THEY'RE HONOR ALL USES ARE ON THE SITE PLAN.
SO IF, IF YOU'D LIKE TO HAVE A SEAT, WHAT I'D LIKE TO DO IS TO HAVE, THE PUBLIC HEARING IS STILL OPEN AND I WOULD LIKE THE RESIDENTS WHO HAVE NOT, THAT HAD NOT A CHANCE TO TALK.
WELL, ALL OF YOU COULD TALK TONIGHT, THAT'S NOT THE POINT.
BUT IF YOU HAVE SOMETHING ADDITIONAL SINCE YOU HAD A CHANCE TO LOOK AT THE SITE PLAN AND YOU'RE GONNA COME UP, WE HAVE YOUR COMMENTS.
I HAVE ALL OF YOUR COMMENTS THAT YOU, THAT YOU, THEY'RE ALL RECORDED.
WE'VE, WE ALL REVIEWED THEM AND WE'VE ANSWERED I'M SORRY.
[01:00:01]
SO WHAT IF ANYBODY ELSE HAS ANYTHING ADDITIONAL TO ADD AT THIS POINT? UM, YOU CAN PLEASE COME UP AND ADDRESS THE BOARD AT THIS TIME AT WHICH AFTER YOU'RE ALL THE DISCUSSIONS ARE ALL DONE, WE'RE GONNA CLOSE THE PUBLIC HEARING.I'M GONNA TURN IT OVER TO THE BOARD AND HAVE THEM GO OVER THE SITE CLAIM.
IS THERE SOMEBODY THAT WANTS TO MAKE ADDITIONAL COMMENTS AT THIS TIME? SIR, COME ON OUT.
ARE WE GOING THROUGH THE LIST OR DO YOU GOOD EVENING.
BOB MALONEY OR MEMBER TAXPAYER, AN EX BOARD MEMBER.
UM, FIRST, UM, MADAM CHAIR, I'D LIKE TO UM, RECOGNIZE THAT THIS IS A CONTINUATION OF YOUR LAST MEETING.
WHAT I'M ASKING IS THE WAY, THE THREE MINUTE RULE, SINCE YOU JUST MADE IT TODAY TO THIS GROUP ONLY BECAUSE IT'S CONTINU.
I I ADVICE OF COUNSEL AND THE OTHER RULES FOR THE PLANNING BOARD.
I AM INVOKING THE THREE MINUTE RULE.
SO, AND IT, THE REASON I'M DOING IT IS BECAUSE I WANT EVERYBODY TO BE ABLE TO BE HEARD AT A REASONABLE OUTCOME.
I APPRECIATE YOUR THAT WE'RE DOING THIS, BUT WE HEARD EVERYBODY FROM LAST TIME AND THEY CAN ADD THEIR ADDITIONS TO THE BOARD.
ADDITIONAL QUOTE IN WRITING, THEY CAN'T.
AND THAT, AND THE OTHER THING IS TOO, THAT EVERYBODY'S FORGETTING BECAUSE A GENTLEMAN WROTE A VERY WONDERFUL SEVEN PAGE EMAIL THAT I SPENT A GREAT DEAL OF TIME ON.
AND IF YOU HAVE ADDITIONAL COMMENTS, YOU CAN WRITE THEM AND SEND THEM TO THE BOARD.
AND WE HAVE AN EMAIL AVAILABLE IF SOMEBODY WANTS TO DO THAT.
THEY'LL STILL BE RECORD IF, IF THEY HAVE ACCESS TO INTERNET AND THEY CAN DO THAT.
NO, THEY CAN WRITE A LETTER AND BRING IT TO THE TOWN HALL.
AND TO LEAVE IT, DELIVER IT THERE MANY WAYS TO GET THEIR, THEIR POINTS TO IT.
THIS MEETING, WE CAN RUN IT ANY WAY YOU WANT.
IT'S JUST DOESN'T BEEN AND JUST NEW, IT'S NEW TO ME.
WE'LL, CONTINUATION I WITH A LEGAL AGREES WITH ME OR NOT.
IT'S A CONTINUATION OF YOUR LAST MEETING.
AS, UM, EX EX PLANNING BOARD MEMBER, THERE'S SOME THINGS THAT ARE CONFUSING TO ME AND I THINK YOU RESOLVED MY FIRST QUESTION THAT YOU ARE GONNA BE SEEKING OR DOING ANOTHER SEEKER AND I, I THINK THAT'S THE RIGHT DECISION TO DO.
THE SECOND IS LAST MEETING, I, I WAS WATCHING LIVE STREAMS. I COULDN'T BE HERE IN PERSON AND I WANT TO DEFEND THE PLANNING BOARD AND WHAT A COMMENT WAS MADE BY ONE OF THE RESIDENTS.
AND I DON'T THINK THE INTENT WAS FOR AN INSULT INSULT, BUT I HEARD IT AND I, AS AN EX PLANNING BOARD MEMBER, I TOOK IT NOT AS AN INSULT SO MUCH.
I DON'T THINK IT WAS AN INTENT THAT THE PLANNING BOARD NEVER SAYS NO TO A PROJECT.
AND THAT WASN'T, THAT WASN'T ACCURATE THAT I'VE BEEN ON A PLAYING BOARD FOR A LONG TIME, SEVEN YEARS AND THIS PLAYING BOARD HAS DENIED SOME PAST PROJECTS THAT WERE PUT IN FRONT OF 'EM.
AND I CAN NAME 'EM IF YOU'D LIKE IT.
YOU KNOW, DOLLAR GENERAL, IT WASN'T PASSED BECAUSE OF DIFFERENT REASONS.
ALL, ALL DIFFERENT OPINIONS OF THE PLANNING BOARD, THE ASPHALT PLANT, IT WAS DENIED ENVIRONMENTAL REASONS, SAFETY, TRAFFIC CONTINUATION, UH, CAR WASH UP ON SOUTHWESTERN, SAME THING.
I JUST WANTED TO CLARIFY THAT SOME OF THE, THE PEOPLE, THE RESIDENTS DON'T UNDERSTAND THAT THERE HAS BEEN SOME PAST.
I ALSO WANT TO UM, EMPHASIZE THAT UM, THE CONSULTANTS IN LEGAL ARE NOT THE PLANNING BOARD.
YOU MAKE THE DECISIONS THEIR ADVISORY.
AUDIENCE, CAN WE KEEP IT DOWN PLEASE? THANK YOU.
SO AM I CORRECT THAT THE ADVISORY OF THE CONSULTANTS AND LEGAL ARE JUST ADVISORY, THE PLANNING BOARD ARE MAKING THE DECISIONS? THAT'S CORRECT.
SO 'CAUSE IT WAS SOLD TO ME ONCE BY THE CONSULTANT WHEN I WAS HERE THAT JUST BECAUSE SOMETHING IS OWED PROPERLY, IT'S NOT AUTOMATICALLY APPROVED AND THAT'S WHY IT BECOMES A BURDEN WITH THE PLANNING BOARD TO MAKE SURE THAT YOU CROSS ALL YOUR PEOPLE THAT, WHICH I KNOW YOU DO, BUT I JUST WANTED TO MAKE SURE IN THIS PARTICULAR, UH, ALCHEMY SHORES PROJECT, I'M NOT A FAN OF IT BECAUSE I DO HAVE FRIENDS THAT LIVE THERE AND IF I WAS ON THE PLANNING BOARD, I WOULD'VE PROBABLY, WHAT'S THE WORD? UH, EXCUSE MYSELF, WHATEVER I WOULD'VE, I WOULD'VE NOT BEEN PART OF THIS PROCESS.
UM, AN EVENT CENTER, AND I KNOW IT'S PART OF, NOT PART OF THE SITE PLAN, BUT NO CLEAR DEFINITION.
THERE'S BEEN A RUMOR GOING THAT AND AND GATHER RUMORS OR RUMORS AND I HAVEN'T SEEN THE FULL SITE PLAN, I JUST HAVEN'T LOOKED AT IT.
THERE WAS RUMORS OF TENT AND I DON'T KNOW WHAT THE PURPOSE OF THAT TENT WAS.
ARE YOU AWARE OF THAT? IS THE PLANNING BOARD AWARE OF IT? SIR, WE'RE NOT ANSWERING QUESTIONS AT THIS POINT ON THE TENT.
I WAS JUST CURIOUS OF IF IT WAS IN DISH, MUST IT BE A USE FOR, IS IT A SMOKING TENT? IS IT FOR AN ADDED, UH, OPEN CONTAINER WHEN YOU GO OFF FOR COCKTAILS AND THERE'S NO LIVE MUSIC BEING PUT OUT THERE? SO BECAUSE WE THAT'S HOW I WAS JUST CURIOUS ON THAT ONE.
[01:05:01]
AGAIN, UM, WE'VE HAD CONVERSATIONS AND I'VE HAD CONVERSATIONS WITH SOME OF THE RESIDENTS AND I'M GONNA SHARE, WE ALLOWED TO SHARE ONE WITH YOU.UH, A SCENARIO WAS BROUGHT UP AND I'M NOT PLAGIARIZING IT BUT I'M JUST GONNA SHARE IT OF THE TROJAN HORSE STORY.
WELL, MR. CHAPMAN WOULD BE MORE RELATED TO THE TROJAN HORSE STORY, BUT THE TROJAN HORSE STORY WAS THEY BROUGHT A GIFT TO THE NEIGHBORHOOD AND IT WAS SUPPOSED, THE INTENT WAS TO BE A GIFT AND ONCE IT GOT IN THERE THEY MADE MANY, MANY CHANGES THAT THE NEIGHBORS AND THE RESIDENTS DIDN'T WANT.
SO I THINK THAT SCENARIO THAT WAS EXPLAINED AT THAT MEETING AND IT WAS A LONG EXTENDED MEETING, I KNOWINGLY HAVE A SHORT PERIOD OF TIME, BUT THE SCENARIO KIND OF MADE SENSE.
THEY'RE BRINGING SOMETHING INTO A QUALITY OF LIFE TO A CHARACTER OF A NEIGHBORHOOD THAT IS GONNA CHANGE DRAMATICALLY IF, UNLESS WE GET THE DEFINITIONS OF WHAT THIS EVENT CENTER IS GONNA BE.
UM, AND WHEN I WAS ON A PLANNING BOARD, THERE WAS A, UH, EVENT CENTER PROPOSED RIGHT BEHIND MY HOME AND I WAS OPPOSED TO IT AT THE TIME.
AND I'M HERE TO TELL YOU I MADE A MISTAKE.
IT'S A BEAUTIFUL, BEAUTIFUL EVENT CENTER BEHIND MY HOUSE THAT'S NOT BEEN A DISTURBANCE AS I THOUGHT IT WOULD BE IN THE PAST.
AND I'M SWALLOWING MY UH, GREAT LOOK THIS TIME'S OFF CHANGE AGAIN.
WHO DO WE HAVE NEXT ON LIST? MARGARET VAN DALE.
MARGARET VAN ARNDALE, COME ON OUT.
YEAH, I'M GONNA GO NICOLE BRO, GO.
YEAH, SHE'S NOT, SHE JUST STEPPED OUT FOR A MINUTE THAT MY NAME IS MARGARET VAN ARNDALE AND UH, FOR THE RECORD, I HAVE AN ADDED THOUGHT THAT I'D LIKE TO STATE THAT THE FRONT HALF OF THE 4,355 FOOT SQUARE WAREHOUSE, MARGARET, EXCUSE ME, WOULD YOU PLEASE USE THE MIC? 'CAUSE I WANT EVERYBODY TO BE ABLE TO HEAR.
CAN YOU RESTART THE TIME? YEAH, SURE.
WELL MAYBE IF YOU COULD TURN OFF THE KIDS' DEVICES THIS ME TOO BECAUSE THEY HAVE HAVE ON YOUR ON ARE YOU KIDDING ME?
CAN WE START AGAIN? YEAH, YOU HAVE TO SPEAK IN I'LL, OKAY.
WHAT I SAID WAS, FOR THE RECORD, I'D LIKE TO STATE THAT FROM HALF OF THE SOUTH SIDE OF THE 4,000 HUNDRED 55 SQUARE FOOT WAREHOUSE OVERHANGS OUR PROPERTY AT 37 82 HOOVER ROAD.
WHAT I'D LIKE TO TALK ABOUT TODAY IS MY OVERRIDING REQUEST IN PLEA IS THAT YOU ASKED FOR AN UPDATED SEEKER ON THIS PROPERTY OR PERFORM ONE FOR YOURSELVES BEFORE APPROVING THESE PLANS.
I'M SORRY, WE DO NOT FEEL PROCURED.
THIS PROCESS HAS DONE VERY LITTLE TO HELP.
CURRENTLY WE NEIGHBORS ARE GETTING MORE HELP MAYBE BECAUSE YOU CAN ALL MORE CLEARLY SEE WHAT WILL BE HAPPENING TO US AND YOU FEEL BADLY, BUT I STILL HAVE THREE CODE ENFORCEMENT REQUESTS FROM MARCH 13TH, 23, JULY 26, 23 AND AUGUST 30TH, 23 THAT HAVE NOT BEEN ANSWERED NOR EVEN A CALL IN RESPONSE TO ANY OF THEM.
I HAVE SOUGHT OUT, AND I UNDERSTAND SOME OF THIS, BUT IT WAS HANDLED SO POORLY.
WHEN I STUCK A ROLLUP SHEET IN THE SEWER LINE ON MY PROPERTY AFTER ALCHEMY ANSWERED, THEY HAD THEIR OWN SEWER LINE.
WHILE THINGS DID HAPPEN, ALCHEMY ANSWERED IN AUGUST ON THEIR SECRET REPORT THAT THEY HAD THEIR OWN SEWER LINE.
YET THE MONTH BEFORE ON JULY 18TH, ALCHEMY RECEIVED A CALL FROM OUR ENGINEERING SUPERVISOR, KEN ESTONIA, THAT THEY WERE TO DISCONNECT THEIR EAGLE, THEIR ILLEGAL TAP INTO THEIR NEIGHBOR'S SEWER LOAN, OUR SEWER LOAN.
I HAD REACHED OUT TO ERIE COUNTY SO MANY TIMES TO OUR PLANNING BOARD TO CARRY AND THERE WAS NO HELP FOR ME AND ALCHEMY AFTER BEING TOLD TO DISCONNECT, THEY SAY THEY HAVE THEIR OWN LINE.
YEAH, IT'S TWO AND A HALF FEET UNTIL THE PROCESS INTO OUR YARD GOES FIVE MORE FEET AND DUMPS INTO
[01:10:01]
OUR LAWN.I WAS LITERALLY ATTACKED VERBALLY BY TRAVIS FI FROM CO ENFORCEMENT IN MY YARD.
I WAS FINED 150 FOR NOT GETTING A PERMIT AND THEN REQUIRED TO HIRE A PLUMBER ON THE TOWN'S LIST OF CERTIFIED PLUMBERS SO THAT THIS MASTER PLUMBER COULD LEAN OVER AND PULL OUT THE SHEET.
BY THE WAY,
I'M SORRY, I DO NOT FEEL SECURE.
AND THIS PROCESS HAS DONE VERY LEVEL TO HELP.
WE HAVE CONTINUED TO TELL YOU THIS IS AN UNREASONABLE, HOW DOES A WEDDING VENUE MATCH A NEIGHBORHOOD, LET ALONE A WEDDING VENUE ON LESS THAN THREE ACRES OF LAND? DO 175 PEOPLE LOOK DIFFERENT THAN 225 PEOPLE? WHAT HAPPENS WHEN THERE ARE 259 PEOPLE AT THIS SITE? EXCUSE ME.
SO, AND I AND I I GLAD THAT YOU BROUGHT UP THE NEW STUFF, BUT THE, WE UNDERSTAND ABOUT THE NUMBERS.
WE'VE HEARD THAT FROM YOU BEFORE.
SO, UH, AND DO YOU HAVE ANYTHING NEW TO ADD? THERE WILL, WHERE WILL THERE BE CONSEQUENCES WHO WE KEEP ASKING? STILL NO ANSWER.
WILL THERE BE CONSEQUENCES WHEN THERE'S 259 PEOPLE THERE? I KNOW YOU CAN'T ANSWER.
THEIR TRESPASSING SIGNS ARE TO DETER TRESPASSING.
THEY WILL TRY TO DETER TRESPASSERS.
I AM TELLING YOU THIS WILL NOT END WELL.
HOW CAN ANYONE GO DIRECTLY NEXT TO 175 PEOPLE PARTYING AND HOW WILL THAT NUMBER BE KEPT? MR. HOPE AND DREW RILEY AT BOTH STATED AT PUBLIC MEETINGS THAT THEY CANNOT BE ENFORCED THE COUNT.
ALL RIGHT, THANK YOU VERY MUCH.
I AMAND I HAVE STATED AND I ASKED A SIMPLE QUESTION AND TJ AND NICOLE, WOULD YOU LIKE A CONSTANT STREAM OF 175 CHANGING STRANGERS OUTSIDE NEXT TO YOUR HOME AND PROPERTY? EVERYONE HAS THE SAME ANSWER.
WHO'S NEXT? MY OVERRIDING REQUEST TO ALL OF YOUR MR, PLEASE HONOR YOUR OATH, RESPECT US AND PROTECT US.
YOU HAVE TO RESPECT THE BOARD AND THEIR PROCESS.
WHO'S NEXT? I WAS JUST SUGGESTING THAT MAYBE THAT'S WHY HE WAS DISTRACTING.
UM, SO LACK OF CLARITY ABOUT THIS NEW OD AND CONDITIONS THAT ARE ATTACHED TO IT ARE LOOSELY WRITTEN WITH ALL KINDS OF OPPORTUNITY TO MISINTERPRET AND ABUSE VAGUENESS.
IT OPENS THE DOOR TO ABUSE BY THE NEW APPLICANT AND OWNER AND EXPOSES, UH, RATHER THAN TO YOU OF
HERE'S THE REALITY WE DO NOT UNDERSTAND THE MENTIONED NOW BUDGET BOARD.
THEY WERE A AND UNCLEAR IF WE RESIDENT FIND 'EM UNCLEAR AND PAID AND SO SHE WAS GONNA OVER THEY RESOLVED AND THEN UNCLEAR TO US BOTH PARTIES THEN HOW WE THING WERE POSSIBLY CLEAR.
THE FIGHT PLANS IF CLEAR THERE FAKE AND FAKE.
AND THE TIME IS NOW MADE SURE THAT BECAUSE THIS IS A NEW CODE FIGHT, FIRST TIME ARE USED IN THE TIME OCCURRED THAT WE MADE SURE THAT ALL I'S ARE DOTTED AND CHEESE ARE CROSSED.
FOR YEARS I'VE HAD TO TAKE AND SWALLOW HOW WE ARE BECAUSE WE WERE HERE FIRST.
WE'VE BEEN HERE FIRST FOR MORE THAN 30 YEARS AND NOW THIS IS OUR TIME TO STAND FIRM AND OUR BODY THAT WE DO NOT WANT A WEDDING EVENT CENTER OF 175 WEDDING GUESTS HAPPENING, RIGHT A OUTSIDE OF OUR DOOR RIGHT NEXT TO WHAT WE'RE ALREADY CONTENDING WITH AT THE ARE THE CONTENTED THAT WE'RE ATTACHED WE'RE AGREED FOR FAITH AND GOOD INTENTION, BUT NOW WE'RE DISCOVERING THAT THERE COULD BE SOME GOOD WAYS OF USING 'EM.
THEY'RE OPEN FOR INTERPRETATION, THEY'RE AMBIGUOUS
[01:15:01]
AND THEY EXPOSE 'EM TO ABUSIVE, INTENTIONAL OR UNINTENTIONAL MESSAGE REPUTATION BY THE ORDER.AND I KNEW THE TENT AS AN EXAMPLE OF HOW YOU CAN PUT A TENT UP BECAUSE IT IS NOT REQUIRED TO BE PART OF THE SITE PLAN AND EFFECTIVELY PUT A BAND ON RED BECAUSE IT IS NOT CONSIDERED OUTSIDE.
ONE OF THE CONDITIONS THAT THE CHILD WORK GRACES WE GAVE OF WAS NO IFIED MUSIC.
WE FEEL THAT THIS WILL BE ABUSED AND IT'LL BE, UM, MISINTERPRETED BY ALL INTENTIONALLY, UN INTENTIONALLY.
AND THERE WILL BE OUTDOOR MUSIC OR THERE WILL BE OPEN GARAGE OR, AND THE THREE WALLS.
AND IN MY VIEW, THE THREE WALLS ARE ON CLOUD BLUE LINE RESIDENCE.
RIGHT? THERE IS NO FENCE, THERE IS NO SOUND BARRIER.
THERE'S NO
IT IS NOT FOR NOISE AFTER MANY TIMES WE'VE BEEN TOLD BY COMMON REPRESENTATIVES RELY ON THE CHARACTER ABOUT THE THERE HAVE BEEN NOT CAUGHT DISPLAY OF POOR CHARACTER BY PARK THE DAY AFTER DECEMBER 11TH, WE'RE MEETING ON SOCIAL MEDIA, THEIR WEBSITE READ IT IS BAKERY MONDAY.
I DON'T THINK THAT I ROTATING WITH RESIDENTS ON A MEDIATION LEVEL.
OH, AND THE OWNER ON THE NEXT MEETING SAID, NOT FACT I'M PARAPHRASING, BUT MAYBE CHECK ME AND PERMIT.
BUT THEY PARAPHRASE THAT, THAT THEY WILL HAVE TO HAVE OPEN PUBLIC EVENTS LIKE
WHAT IS THE DEFINITION OF A CENTER? THE TOWN HAS TOLD US THAT THEY'RE A GREAT RESIDENT ON THE VILLAGE OF THE PAMPER AND THEY PROBABLY ARE BECAUSE THE V OF RESIDENTS WOULD NEVER TOLERATE 175 WEALTHY MEN GO ON IN THE VILLAGE.
WE PEOPLE WHY THEY WANNA COME OUR
JOE, UM, JAMIE, THREE MINUTE PLEASE.
YOU'RE ALLOWED TO RUN A, A MEETING IN A REASONABLY EFFICIENT MANNER SO I CAN CALL ON THREE MINUTES, RIGHT? YES YOU CAN.
YEAH, YOU, THE MEETING, THE MEETING HAS BUT YOUR, YOUR TIME'S SET UP RIGHT? SO IT HAS TO BE RUN IN A REASONABLY EFFICIENT MANNER IF THERE'S DISRUPTIONS TO THE MEETING, WHICH INCLUDES, RIGHT.
OKAY, THEN ANYTHING, WE HAVE THE LIST CHAIR.
IS HE NEXT ON THE LIST? YEAH, HE'S ON THE LIST RIGHT NEXT THERE.
THERE'S, IS THERE A
SO THE NAME, WELL WE'RE ALREADY OUT OF ORDER.
WELL MARGARET, YOU WERE SECOND.
OKAY, SO, UM,
SO DEPENDING OFF OF WITH FRANCINE, HOW FRANCINE WAS SAYING THAT THEY WERE DECEIVED BASED OFF OF THE OUTCOME OF THE BOARD MEETING.
AS OTHERS HAVE SAID HERE, THE OUTDOOR AMPLIFIED MUSIC.
UM, WHAT HAPPENS WHEN THERE IS A BAND PLAYING IN THEIR A TENT? WHAT HAPPENS IF THE GARAGE STYLE DOOR IS OPEN AND THE BAND IS PLAYING UP FROM THERE? YOU BASICALLY GET THE SAME EFFECT AS OUTDOOR AMPLIFIED MUSIC.
IT'S THE SAME AS IF THE BAND WAS OUT THERE ANYWAY, THAT ISN'T TAKING INTO ACCOUNT 175 GUESTS.
AGAIN, WHAT'S THE ENFORCEMENT HERE? AND THAT REALLY DOES ALSO TIE INTO ENFORCEMENT OF 175 PEOPLE TO BEGIN WITH.
UH, THERE'S NOTHING STOPPING PEOPLE FROM GETTING OUTDOOR LIQUOR OR HEADING DOWN TO THE BEACH WANDERING INTO THESE FOLKS'.
BACKYARD NUMBER FIVE WITH RESOLUTION INDICATES SIX DIFFERENT USAGE TYPES.
THERE'S AN EVENT CENTER PRIVATE EVENT, GENERAL USES OTHER, USES, OTHER SEASONAL OUTDOOR ATHLETIC ACTIVITIES AS WELL AS JUST A BROAD OTHER.
UH, THIS OPEN AND EXPOSES THE RESIDENTS TO THE FACT THAT THE BUSINESS CAN OPERATE DAILY EFFECTIVELY AS A BAR IN A RESTAURANT.
UH, IT'S AN OPEN LOOPHOLE THE NEW OWNERS TO USE SO THAT THEY CAN STAY OPEN EVERY SINGLE DAY OF THE WEEK AND THERE'S NOTHING STOPPING THESE 175
[01:20:01]
PERSON EVENTS FROM OCCURRING EVERY SINGLE DAY OF THE, AND NUMBER FIVE HAS NO CLEAR DEFINITION.STATES, IT'S A PRIVATE EVENT CENTER.
IT STATES IT'S AN EVENT CENTER AND THEN IT SAYS IT'S A PRIVATE EVENT FACILITY.
WHO DEFINES WHAT A PRIVATE EVENT IS? WHO DEFINES WHAT AN EVENT IS? UH, CAN THESE CAN REALLY THIS SITE OPERATE AS A BAR, UM, EFFECTIVELY DURING THESE EVENTS.
JUST BECAUSE THE PROPERTY WAS PROPERLY ZONED DOESN'T MEAN IT'S RIGHT FIT FOR THE CHARACTER OF THE NEIGHBORHOOD.
AS WE HAVE HEARD THIS, THIS SPACE IS THREE FEET FROM ANOTHER RESIDENCE, UH, FROM A RESIDENCE BUILT HOUSE.
UH, IS THERE, IS IT AN EFFECTIVE AND RIGHT USE OF A PROPERTY FITTING? THE CHARACTER OF THE NEIGHBORHOOD DROP A EVENT CENTER THREE FEET AWAY FROM THE HOUSE? WE WERE REQUESTING THAT SEEKER ON THE SITE BE CONDUCTED, UH, SEPARATE FROM THE SECRETLY SE PREVIOUSLY WAIVED SEEKER, WHICH WAS JUST ZONING RELATED.
THAT STARTED OFF AS A 75 PERSON EVENT CENTER HAS NOW HAD TO ACCOMMODATE OVERFLOW FROM EXISTING VILLAGE.
LOCATION HAS EVOLVED TO, IS NOW A FULL BLOWN EVENT CENTER.
IT'S A BAR'S A RESTAURANT HAS 175 GUESTS FOR ONLY 80 PARKING SPACES AND MANY OTHER CHANGES ALONG THE WAY.
THERE ARE TOO MANY TO KEEP TRACK OF.
I MEAN AT, AT THE END OF THE DAY THE DEFINITIONS OUTLINED BY NUMBER FIVE ARE TOO VAGUE.
THEY'RE NOT PRESCRIPTIVE ENOUGH AND UNFORTUNATELY THESE RE THESE RESIDENTS HAVE TO SERVE AS THE GUINEA PIGS TO THIS NEW DEFINITION AND IT'S ABSOLUTELY AT THEIR OWN DETRIMENT.
AND UNLESS THESE DEFINITIONS ARE CLARIFIED, THERE'S CLEAR RULES HERE WITH SETTING UP BAD ESTIMATES FOR FURTHER DEVELOPMENT OF THE TOWN.
UM, WE ASKING SOME QUESTIONS FROM THE LAST MEETING ON TUESDAY.
SEVEN FOUR THAT WERE NOT ANSWER OR PARTIALLY ANSWERED.
WE ARE ASKING THAT TOM HANDBOOK TO HAVE A PROFESSIONAL SOUND STUDY DONE ON THE UP DATE
WE WANT TO AUR DEC KNOWLEDGE REQUIREMENTS FROM NOT SEATED PROFESSIONAL SOUND STUDY, CLARIFY CONCERNS PLEASE RESPOND.
CONCERNS ABOUT CARBON LIGHTS SHINING, UH, PRIVATE PROPERTY BE MORE INCLUSIVE OR CONCERN? ELIMINATION 30 70 VIEWS EACH AT PRIVATE PROPERTY AND PATIO AND BORROWER TABLE THAT WILL LIKELY BE ILLUMINATED BY PARKING SPOTS THAT BASED THE WATER ON THE OTHER VEHICLE.
HOW, HOW WOULD LIKE THIS BUILD PRIVATE PROPERTY STOCKS? AMBER CODE SECTION 2 8 0 7 H TWO.
QUESTION WAS ASKED, HOW ABOUT WHY DEVELOPERS ONLY FOOT IN A TWO FOOT BURN? MOST DEVELOPERS UTILIZE A FOUR FOOT BURN ALLOWING THE THICK FOOT FENCE.
OUR FOUND EXPERT REPORTS RECOMMENDED A FOUR FOOT BURN, A SIX FOOT FENCE, NO GRAIN WOULD BE HEATED FOR THIS PREFERRED SOLUTION.
MAY MEAN POLICE HAD CALCIFICATION, UH, REASONING FROM TWO FOOT AT EIGHT EVENTS.
QUESTIONS CONTAINED IN DALE, WE WITNESSED SOIL COURT STANDARDS TAKEN SEPARATE OF 2022 AND EARLY LAST YEAR.
WE POLICE SEE THE REPORT DIGGING IN, RAIDING THE VEHICLE WOULD BE OCCURRING IF EVERYTHING IS OKAY, IT WOULD SEEM, WOULD SEEM TO BE PLEASED TO SHOW YOU COMPLETE FINDINGS.
HE ALSO ASKED FOR SOME KIND OF SECURITY.
THE ANSWER WAS YES WHEN THE TEAM NECESSARY.
HE WOULD LIKE THE FACTS EXPLAINED.
ONE DAY A WEEK, THREE DAYS A WEEK, SEVEN
[01:25:01]
DAYS A WEEK WHEN YOU WOULD SEE HUNDRED GUESTS.PLEASE UNDERSTAND WE WOULD LIKE THE GUESTS CONTAINED.
JAMIE DID ASK OUR CONTENT AS WELL WHAT SIGN WOULD BE USED.
WHO DO WE HAVE NEXT? UH, DAN BAUER AND THEN NICOLE, YOU'RE ON DECK IF YOU WANNA BE RIGHT.
WOULD YOU BE ABLE TO PULL UP THE UH, P IN
UM, THANK YOU FOR LETTING ME SPEAK.
I RESIDE AT 3 7 9 0 HOOVER ROAD.
UNFORTUNATELY VERY LONG LETTER TO YOU.
I DECIDED TONIGHT TO INSTEAD USE MY TIME TO PRESENT THAT EVIDENCE VISUALLY.
UM, WOULD YOU GO TO THE NEXT SLIDE THERE? UM, WHAT WE'VE SEEN FROM THE APPLICANT SO FAR IS A SITE PLAN.
IT'S BLACK AND WHITE, IT'S FLAT.
IT'S VERY DIFFICULT TO SHOW THE IMPACT THAT THE NEIGHBORHOOD STANDS TO SUFFER IF THE SITE PLAN WERE TO GO FORWARD.
UH, WE'VE TAKEN A COUPLE OF PHOTOS, WE'VE MARKED THEM ON THE SITE PLAN SO THAT EVERYBODY GATHERED HERE CAN SEE WHAT WE ARE DISCUSSING AND WHY WE ARE SO FEARFUL AND CONCERNED.
UM, THIS RED START HERE SHOWS YOU THE PROXIMITY OF THE BORROWER TO THE PROPERTY LINE.
CAN YOU GO TO THE NEXT SLIDE? HERE'S THE PROPERTY LINE FROM THE VAN DALES RESIDENCE.
UM, ON THE LEFT HERE IS ALCHEMY SHORES ON THE RIGHT.
UH, THIS IS WHERE THE VAN DALES WOULD BE ON THEIR DECK.
THEY MIGHT BE GRILLING, HAVING A COCKTAIL, WHATEVER PEOPLE DO WHEN THEY'RE PEACEFULLY ENJOYING THEIR HOMES.
THIS IS HOW NEAR AL SHORES A 175 PERSON WEDDING VENUE WILL BE TO THEIR HOMES.
A FENCE HAS BEEN PROPOSED AND A FENCE WILL HELP WITH PRIVACY.
IT WILL DO NOTHING FOR WE SOUND 175 WEDDING GAS PLUS OTHERS WILL GENERATE.
AND THAT INFORMATION IS INCLUDED IN THE ACOUSTICAL REPORT THAT WE HAVE ALREADY PROVIDED.
I WILL BE OVER THE NEXT SLIDE.
ANALYST, UH, THIS YELLOW STAR.
UM, WOULD YOU GO TO THE NEXT SLIDE? ACTUALLY, THIS IS THE VIEW VAN DALE WOULD HAVE IN THE DOOR.
IT WOULD EITHER BE THIS VIEW HAS BAR WATER INTO THE, THE NEIGHBORING SITE WITH 175 PEOPLE STARING BACK OR OR FIFTH FACEBOOK FENCE AND ALL THE OTHER NOISES SOUNDS DISRUPTIONS AT 175 PEOPLE.
DENVER, DID YOU GO TO THE NEXT SLIDE? THIS GREEN STAR I THINK IS THE MOST IMPORTANT.
THIS REPRESENTS THE SPACE BETWEEN THE NEAREST NEIGHBOR AND THE FACILITY.
AND THIS IS RIGHT DOWN THE LINE HERE.
YOU CAN GO TO THE NEXT SLIDE, THAT'S FINE.
THIS IS WHERE ALGAE PLANS TO HAVE WEDDINGS AND OTHER EVENTS.
AGAIN WITH 175 GUESTS PLUS STAFF INSIDE THAT BUILDING ON THE LEFT COULD BE 175 PEOPLE SCREAMING THEIR FACES OFF ENJOYABLE WEDDING.
IT COULD BE A DJ, IT COULD BE A BAND, WHATEVER OTHER EVENTS THAT YOU COULD SHOW IN.
AND I THINK THIS IS THE MOST COMPELLING IMAGE TO SHOW YOU THIS.
THIS VENUE COULD BE FULL OF DRUNK AND LOUD WEDDING DEATHS.
THIS WOULD BE AS CLOSE TO SOMEONE'S HOME.
YOU CANNOT LAY TIP TO TIP THERE.
YOU COULD REACH YOUR ARMS OUT THERE AND BE OVER THE PROPERTY LINE THAT IS OBVIOUSLY MUCH TOO CLOSE FOR A VENUE OF THIS TYPE.
I BELIEVE THE EXAMPLE LAST TIME WAS USED OF A CAR PULLING UP TO YOU NEXT TO YOU IN TRAFFIC BLASTING MUSIC.
THE BASS SHAKING YOUR CAR, HITTING IT IN THE BONES.
YOU CAN'T WAIT TO PULL AWAY FROM THAT CAR.
HOW CAN WE ESCAPE THIS IN OUR OWN HOMES? IF YOU APPROVE THIS CYCLING, WHAT WE'RE SAYING YES TO IS A WEDDING BENDING WITHIN BASICALLY TOUCHING DISTANCE OF SOMEONE'S HOME.
IF YOU SAY YES AT THIS CYCLONE, YOU ARE ASKING MY NEIGHBORS AND I TO LIVE WITH INTOLERABLE LEVELS OF NOTICE, WHICH IS NATURAL, BOTH FROM THE SCIENTIFIC ACOUSTICAL SOUND STUDY WE PROVIDED.
IF YOU SAY YES TO THIS SITE, YOU ARE TELLING ALL CAMPERS THAT NO MATTER HOW CLOSE A PRE-EXISTING BUILDING IS TO WHERE YOU SLEEP, RELAX AND WATCH YOUR GRANDKIDS.
IT CAN STILL BE ALLOWED BY THE TOWN.
IT BECOME A EVENT VENUE IN THE BAR.
IF THIS GOES FORWARD, THEN YOU AS THE BOARD NEED TO ACKNOWLEDGE AND GIVE JUSTIFICATION TO WHY THEIR BUSINESS IDEA IS MORE IMPORTANT THAN MY HOME AND MY FATHER OF LIFE.
DO YOU HAVE ANY OTHER PHOTOS? CAN SHE JUST GO THROUGH THE PHOTOS? UH, I BELIEVE THEY MIGHT REQUIRE A BIT OF CONTEXT ALL, HOWEVER, MY NICOLE BRAUN, MY WIFE CAN FINISH FROM HERE IF THAT'S BETTER.
NOW UM, HAVE THEY GONE THROUGH THE PROCESS? HAVE THEY BEEN APPROVED? NOT TO MY KNOWLEDGE, BUT HERE WE ARE BOOKING EVENTS.
IF YOU'RE WONDERING WHY WE'RE BEING SO FORCEFUL ABOUT THIS, IT'S BECAUSE WE'RE TERRIFIED.
IT'S VERY A FEAR THAT NOTHING WE DO WILL MAKE A SIGNIFICANT CHANGE.
IF YOU LOOK AT IT FROM OUR POINT OF VIEW, WE'VE BEEN FIGHTING THIS PROJECT FOR 14 MONTHS.
THE SITE NOW FROM BAD WORK FROM OUR PERSPECTIVE BECAUSE THOSE BOTH GRIEF AND THE SO CONFIDENT THAT THEY'LL GIVE WHAT WE WANT.
THEN NOT ONLY HAVE THEY SAY STARTED TO BOOK EVENTS, BUT THEY'VE STARTED TO BOOK LARGE EVENTS.
[01:30:01]
NICOLE? YES FAVOR.JUST BRING YOUR MIC DOWN SO WE CAN UNDERSTAND WHAT YOU'RE SAYING.
OKAY, WELL GOODNESS, I HAVE LIKE A LOT TO SAY.
WE'RE BEING FORCEFUL IN FRONT OF YOU BECAUSE PRIVATELY WE TERRIFIED THAT AN APPLICANT HAS NEVER MET WITHOUT.
THERE'S NO CAUSE TO CALM DOWN AND ARE VERY PUBLICLY MOVING FORWARD WITH THEIR PLAN.
OKAY, WE WANNA GIVE MORE PERSPECTIVE ON HOW IT IS IN THE NEIGHBORHOOD.
UM, AND IF WE'RE LOOKING AT THIS FROM SOUTH PARK TO THE RED STAR, THAT'S 335 FEET.
THAT IS THE DISTANCE BETWEEN THE ALCHEMY SHORT SITE, WHICH WE'RE OPERATING POINT FROM A BEACH BAR AND THE COWBOY, WHICH IS ALREADY A BEACH BAR THAN TERRA HOUSES OF IT IS A, IT IS A SIDE.
IT'S ACTUALLY SMALLER THAN THAT'S WATCHING GRASS RIGHT OUT HERE TO PARK.
THAT'S WHAT'S BETWEEN ALCHEMY AND COWBOY.
SO HERE'S OUR HOME SHOWING YOU THAT EXACT STAND.
UM, AGAIN, JUST BECAUSE THE ZONING FITS DOES NOT MEAN THE BUSINESS FITS.
HOW BIG IS 335 FEET? SO YOU'RE TRYING TO HAVE A MEETING RIGHT NOW.
IMAGINE WE'RE ALL ON THE GROUND FLOOR, NOT IN THE BASEMENT.
AND THE POLICE STATION IS HAVING A 175 PERSON EVENT PLUS STAFF, PLUS A LIVE BAND INSIDE THE FRONT OF TOWN HALL IS HAVING A LIVE BAND AT WHATEVER VOLUME THEY WANT BECAUSE THERE ARE NO DECIBEL LEVELS AND YOU ARE TRYING TO HAVE THIS MEETING IN BETWEEN.
COULD I SPEAK AT THIS TONE? COULD YOU FALL ASLEEP? COULD YOUR BABY FALL ASLEEP? AND THE REAL KICK IS YOU GET TO LEAVE.
TO SHOW YOU WHAT HAS ALREADY GONE ON AT THE SITE.
THIS IS AN IMAGE FROM 2012, 10 YEARS AGO.
THE FOCUS IMAGE I COULD GIVE TO, TO COMPARE WINTER TO THE WINTER.
SO ALL THESE TREES IN THIS RED BOX GONE.
NEXT SLIDE PLEASE TO SHOW YOU THAT WHAT HAS ALREADY HAPPENED TWO MONTHS AFTER THEY SET FOOT THERE.
HOW WE KNEW ALCHEMY WAS AROUND WAS BECAUSE THE ONE DAY THOSE TREES WERE GONE.
AND JUST FROM A PERSPECTIVE OF EROSION ON THE LAKE, ON A SAGE, WHY WOULD YOU DO THAT? BUT ENVIRONMENTALLY THOSE TREES THROUGH TIMES WINTER STORMS, THAT'S WIND STOOD UP OLDER THAN ALL OF US.
AGAIN, THEY'RE JUST SHOWING YOU HOW INGREDIENT AND BEAUTIFUL IT IS THERE.
LAST SLIDE IS THE LAST SLIDE AS YOU SWEAR ABOUT THE NEXT SLIDE.
I TOOK THESE THIS WINTER IN MY BACKYARD.
I'M JUST TELLING YOU GUYS, THIS IS A LIVING, BREATHING PLACE.
YES, WE NEED TO PRESERVE IT AND WE NEED TO BE CAREFUL ABOUT WHO WE LIKE, BE IN CHARGE OF THESE AREAS.
THANK YOU VERY MUCH FOR LETTING YOU OVERTHINK MARY JACOB.
HELLO, MY NAME IS TAYLOR BRA AND I'M SPEAKING.
OH, CAN GET YOUR MOVE NOW YOU MY NAME IS TAYLOR BRA.
I'M SPEAKING ON BEHALF OF MY MOTHER LYNN BRAUN.
UM, COUPLE THINGS I WANNA TOUCH ON FROM THE RESOLUTION THAT THE TOWN PASS.
UH, NUMBER FIVE IS AMBIGUOUS WISHY-WASHY VERBIAGE.
AND WE DEMAND THE DEFINITION OF THESE SIX WORDS, DIFFERENT THINGS, DIFFERENT TERMS OF USAGE, EVENT CENTER, PRIVATE EVENT, GENERAL USES OTHER USES, OTHERS DETAIL USES OUTDOOR ATHLETIC ACTIVITIES.
AND THE MOST BOTHERSOME WORD IS OTHER.
WHAT IS THE LEGALITY OF THE OTHER? IF IT SOUNDS LIKE A BAR, IT LOOKS LIKE A BAR.
FIVE A HAS NO CLEAR DEFINITION.
IT STATES IT'S AN EVENT CENTER.
THEN STATES IT'S A PRIVATE EVENT FACILITY.
DEFINE APPROVED PRIVATE EVENTS.
FIVE B INDOOR ALCOHOL USE ON APPROVED PRIVATE EVENTS.
SO IF IT'S NOT APPROVED OR IF IT'S GENERAL USE FOR JUST AN EVENT OR OTHER SEASONAL EVENTS ARE OUTDOOR SALES ALLOWED FIVE D SO OUR LEAGUES PRIVATE EVENTS, AN EVENT OR SEASONAL OUTDOOR ACTIVITY.
IS AN ACTIVITY PRIVATE EVENT OR IS THAT GENERAL USE OR JUST AN EVENT? SO WHAT DOES FIVE D EVEN MEAN? EVERYTHING ABOUT RESOLUTION FIVE.
IS WISHY BLOCKY ENOUGH FOR ANYONE'S INTERPRETATION AND IT CAN BE MANIPULATED TO SUIT THEIR INTERPRETATION
[01:35:01]
OF IT.GET A DEFINITION OF GENERAL USE EVENT AND PRIVATE EVENT.
OTHER SEASONAL EVENT AND OUTDOOR ACTIVITIES, NOT A UNIFIED AGREEMENT.
WE DEMAND A NEW SEEKER ON THIS SITE PLAN.
THE PREVIOUS SEEKER WAS REZONING NOT FOR THE SUB 11.
UH, IS JUST A RANDOM STATEMENT WITHOUT ANY GUIDELINES.
ZERO RULES, WHOEVER WROTE THIS M1 AND THESE RESOLUTIONS NEED TO GO BACK TO THE DRAWING BOARD AND GET A CLEAR AND DECISIVE REGULATIONS AND RULES.
WHEN WE, THE PEOPLE ARE CONFUSED.
WHEN THE OWNERS ARE CONFUSED AND THE TOWN CAN'T DEFINE IT, THERE IS A HUGE PROBLEM.
WE NEED CLEAR AND DECISIVE RULES.
THEIR INTENT USAGE WASN'T OUR AGREEMENT.
THIS VIOLATES THE INTENT OF THE PURPOSE OF WHAT IT WAS ORIGINALLY TOLD TO US.
UM, IF YOU THINK WE ARE GOING AWAY FROM, WE ARE NOW, WE ARE GOING TO HOLD THIS TOWN ACCOUNTABLE BY WHATEVER MEANS WE NEED TO TAKE, LET THIS BE KNOWN THAT WE ARE IN THIS FIGHT.
WE ARE NOT, WE'RE NOTABLE TO BE TO THE FIRE.
IF I COULD JUST SAY SOMETHING ELSE ON MY BEHALF AS WELL, NOT, THIS IS JUST FOR ME.
A LOT OF US WHO LIVE ON UBER ROAD OWN OUR OWN BUSINESSES AND WE WOULD MUCH RATHER SEE ANOTHER LOCAL FAMILY DO SOMETHING WITH THIS SITE.
BUT EVERY SINGLE EVENT, SPACE, RESTAURANT, BAR, ANYTHING LIKE THAT THAT HAS EXISTED ON HOOVER ROAD HAS TREATED US RESIDENTS AS AN AFTERTHOUGHT.
WE'VE BEEN TAKEN ADVANTAGE OF, WALKED ALL OVER, TREATED LIKE WE DON'T MATTER AND THAT WE MEAN NOTHING TO THESE PEOPLE.
SO NOW THAT WE FINALLY HAVE A CHANCE TO DEFEND EVERYTHING, WE HAVE WORKED SO HARD OUR WHOLE LIVES TO, TO BE ABLE TO CALL OURS, WE'RE GONNA FIGHT.
AND, AND THIS ISN'T ANYTHING AGAINST YOU GUYS.
YOU SEEM LIKE NICE ENOUGH PEOPLE, BUT WE'VE NEVER BEEN TALKED TO ABOUT THIS.
WE'VE NEVER BEEN ASKED, HEY, YOU'VE LIVED YOUR WHOLE LIFE.
WHAT, YOU KNOW, WHAT, WHAT DO YOU FEEL IS AN APPROPRIATE USE OF THIS SPACE? I MEAN, WE'VE SEEN A LOT OF STUFF COME AND GO ON HOOP ROAD AND WE'VE BEEN MISTREATED BY A LOT OF 'EM.
SO THIS IS OUR OPPORTUNITY TO FINALLY STICK UP FOR OURSELVES AND, AND WE'RE GONNA STICK UP FOR OURSELVES.
WHO NEXT? UM, DOES PETER WANNA SPEAK? UM, CHELSEA
MS.
CHELSEA DIDN'T WANNA SPEAK BUT I CAN PUT HER BACK ON END.
PETER, DO THEY WANNA GO TOGETHER SEPARATELY?
YOU ONE OF YOU CAN SPEAK OR I PETER GONE RIGHT NOW.
I CAN PUT YOU BACK ON AS WELL IF YOU WANNA GO TO THE END, BUT, OKAY.
AM I ALLOWED TO SPEAK WITH LIKE A PUBLIX? IF YOU WANNA SIGN ON THE, UH, SIGN UP ON THE, UM, THING TO COME UP AND SPEAK, THEN YOU CAN SIGN ON THE LIST.
OH, YOU'RE THE, YOU'RE THE APPLICANT.
THIS IS A PUBLIC HEARING, SO YOU CAN'T, YOU HAVE TO WAIT.
LADIES AND GENTLEMEN, CAN WE PLEASE GET SOMEBODY UP HERE TO SPEAK? THANK YOU.
HELLO, I'M PETER PRESIDENT, 37 90 ULA ROAD.
UH, I APPRECIATE THE FACT THAT YOU ARE GONNA DO A NEW SEEKER.
THIS IS ONE OF THE MAJOR THINGS THAT WE REQUESTED READ DARREL SOUND STUDY AND OUR, OUR PROFESSIONALS SAID THIS WAS NOT APPROPRIATE.
SO IT'S REALLY A WHOLE THAT'S VERY MUCH PART OF YOUR, WHAT YOU'RE TRYING TO DO HERE.
WE PROTECT OUR ASSETS, OUR HOME VALUES, PEACEFUL LIVING.
WE REFUSE TO LET THREE MINUTE RULE KEEP US FROM FIGHTING.
WE ALLOW DEVELOPERS TO GET 20 MINUTES, 30 MINUTES WITHOUT TIMING OR LIMITATIONS.
WE ARE HERE TO FIGHT EVERY STEP OF THE WAY.
WE ARE NOT IN ANY HURRY OR RUSH FINANCIALLY OR OTHERWISE, BUT DOING THIS AT ANY RISK, WE NEED TO GET THIS RIGHT FROM THE BEGINNING.
AND SURE THERE IS NO ROOM FOR ABUSE, DECEPTIVE BEHAVIOR.
WE ARE OFFENDED AND SIMPLY ANGERED BY COMMENTS RECEIVED FROM OTHER, MORE THAN ONE TOWN EMPLOYEE WHO ARE IGNORANT TO BELIEVE THAT SOMEHOW THIS NEW BUSINESS IS A BLESSING TO OUR NEIGHBORHOOD.
OTHERWISE, WE ARE SUBJECT TO THE PRIOR ZONING, WHITE INDUSTRIAL, WHICH WE LIVE WITH FOR 20, 30 YEARS AND HAD ABSOLUTELY NO PROBLEM WITH BY THE WAY.
[01:40:01]
STOP TRYING TO SELL US.THIS IS SOME KIND OF BLESSING TO HAVE 175 WEDDING GUESS DANCING, DRUNK, LOUD HEART AMPLIFY MUSIC.
SOMEONE EVEN MENTIONED THAT WE TAKE IT HAVE A SAWMILL NEXT DOOR.
WE LIVE WITH INDUSTRY, WE LIVE WITH INDUSTRY.
WE HAVE OUR OR CARBON DOWN THERE TOO.
THEY'VE NEVER BOTHERED US ONE LITTLE BIT EXCEPT FOR NOW WE HEAR 'EM MORE 'CAUSE THEY CUT THE TREES DOWN.
SO, YOU KNOW, M NEW ONE'S FINE, BUT IT'S NOT APPROPRIATE.
WE DON'T HAVE ANYBODY THAT'S, IS THERE ANYONE ELSE THAT WANTS TO SPEAK IN REGARDS TO THIS LAST CALL? FOR ANYONE THAT HAS, WHO HASN'T ALREADY SPOKEN, THAT WANTS TO COME UP AND MAKE A COMMENT? WE HAVE TO DO IT THREE TIMES.
I'M CLOSING PUBLIC WITH, I'M SORRY, WITH THE GUY BEFORE.
UM, I'M DIGGING
UM, I DON'T CURRENTLY LIVE AT HOOVER ROAD, BUT I'M A CITIZEN OF HAMBURG AND I FOLLOW A LOT OF THESE DISCUSSIONS WITH FAMILY AND FRIENDS, RESEARCH THAT I'VE HAD, UM, AVAILABILITY TO RESEARCH.
UM, WHAT I SEE HERE IS A NEIGHBORHOOD THAT'S COMPLETELY AGAINST ITS DEVELOPMENT.
I SEE A
I SEE THIS SITE THAT HAS TRANSFORMED FROM A MODEST OVERFLOW SPACE EXISTING BUSINESS TO A FULL ON BEACH BAR ON MAR RANCH.
I SEE THIS IS OBVIOUSLY DOES NOT FIT AT THIS ADDRESS, DESPITE THE FACT FOUR MONTHS LATER WE THE BABY OFF SHORES AND THERE WAS VERY GOOD CHANCE THAT FORWARD AS A CITIZEN.
I WONDER WHAT HAPPENED AT THIS TIME.
EVEN MY NEIGHBORHOOD WHERE THEY APPLIED FOR A VICTIM USE WHERE THEY DID IT.
I, AT THAT POINT, MY CALL IN MY NEIGHBORHOOD, EVEN COMMUNITY UNITED ASSET DEVELOPMENT HAVE ANY POWER TO CHANGE WHETHER WAS TO BE HEARD OR WHEN THE TOWN APPLICANT WAIT FOR US TO SLIDE.
I WANNA THE TALENT INSIDE THE CITIZENS WHEN IT FAIRLY, I WANNA SEE THAT HAVE HERE WITHOUT THESE WORKS, PLEASE NOT ALLOW SITE BACK AND FORWARD.
UM, SOME OTHER ADDITIONAL CONTENT FROM THE GROUP.
UM, WILL MARIJUANA BE SOLELY INTO THIS PROPERTY? MAY WE HAVE A LIST OF SOUNDPROOF MATERIAL IN THAT WOULD BE TAKEN OUR WAREHOUSE, WHETHER IT BE
UH, CAN YOU LEAVE THE MIC HERE PLEASE? YEAH.
CAN WE HEAR
UM, DID YOU SHUT THE MIC ON? THANK YOU TAMMY.
OKAY, SO THE LAST CALL, IS THERE ANYONE ONE ELSE OUT THERE THAT, BECAUSE I HAVE A PODIUM HERE, I CAN'T SEE THE BACK.
IS THERE ANYONE ELSE THAT WISHES TO, UM, MAKE COMMENT, THEREFORE I'M CLOSING THE PUBLIC HEARING AT THIS TIME? UM, BOARD MEMBERS, WE HAVE, UH, A FEW THINGS THAT WE NEED TO DO.
SO AGAIN, WE HAVE TO DETERMINE SEEKER, BUT I THINK THAT BEFORE WE DO THAT WE SHOULD ADDRESS THE SITE PLAN.
AND THAT'S WHAT I SAID AT THE BEGINNING OF THE PUBLIC, UH, BEGINNING OF THIS STARTING.
SO WHO WOULD LIKE TO GO FIRST? SO WHAT EXACTLY ARE THE CHANGES TO THE SITE PLAN FROM THE SLEEP OR THE TOWN BOARD DAY? I HEAR THERE'S CHANGES, BUT I DON'T KNOW EXACTLY WHAT'S BEING REFERENCED.
ANY CHANGE? WELL, FOR ONE, THE, UM, THE OUTDOOR BAR WAS TAKEN OUT AND THAT UNDER NUMBER 15 TO THE TOP THERE.
UM, YOU CAN ANSWER, YEAH, IT WAS ACTUALLY MOVED AWAY FROM THE SOUTH SIDE.
DO YOU WANT COME OFF? WOULD YOU LIKE ME TO PULL IT OFF? YES, PLEASE.
IT'S HARD TO COMPARE WITHOUT HAVING THE PREVIOUS SITE PLAN.
I KNOW, BUT THE, IN TERMS OF THE ACTUAL OUTDOOR BAR BAR, IT WAS MOVED FARTHER AWAY FROM THE SOUTH SIDE OF THE PROPERTY IN ORDER TO PROVIDE ADDITIONAL DISTANCE FROM THE, FROM THE NEIGHBORS.
SO IS THAT STILL A OUTDOOR BAR? SORRY? IS THAT STILL AN OUTDOOR BAR? OUTDOOR FOOD TRUCKS, PATIO AND OUTDOOR BAR AREA.
SO THE, THE THE SITE PLAN THAT THE TOWN BOARD AND SEEKER ON, HAD THAT CHANGES IT MOVE FARTHER AWAY, CORRECT? CORRECT.
[01:45:01]
THINK I MEAN THIS SQUARE HERE.YOU'RE TALKING NUMBER 17 ON THE SITE PLAN IS THE BAR OR 17 THE FOOD TRUCK EVENT STAGING? YES.
THE EVENT STAGING AREA? CORRECT.
SO THAT WAS MOVED FARTHER AWAY.
WHAT OTHER CHANGES? THE BOCCE COURT, THE BELOW THE BOTTOM COURTS, UH, WERE RIGHT NEXT TO, UH, THE ADJACENT PROPERTY AS WELL.
WE REMOVED THEM AS FAR OFF, AS FAR AS AWAY FROM HER AS POSSIBLE.
UM, AND THE BOARDWALK WAS ADDED.
I MEAN, JUST A LITTLE SIDEWALK.
THAT'S ALL IT WAS ADDED THERE.
THE BOARDWALK WAS IN THE ORIGINAL.
ALL IT WAS WAS CONNECTING THE BOARDWALK TO THE PARKING LOT.
ALL RIGHT, SO WHICH ONE'S THIS ONE? THAT'S, THAT'S THE OLD ONE.
THIS IS NOW OVER HERE, RIGHT? THIS IS NOW MUCH SMALLER AND NOTHING'S THROUGH HERE.
AND THEN THERE'S A FOOD TRUCK STATION THAT'S HERE.
SO ALL OF THIS ACTIVITY HAS BEEN, SO THE CONNECTION FROM THE BOARDWALK HERE? YES.
JUST CONNECTION FROM THE BUILDING, THE PATH DO THAT.
THE GARBAGE, THE GARBAGE IS S ALL DONE.
SO ONE TO THE BOARDWALK AND THEN THERE'S A FOUR, THERE'S A PATH THERE.
IS THIS A STONE? YEAH, THESE, THESE TWO PATH, OH SORRY, THESE TWO PATHS HERE.
THE STONE PATHS NOT DISTURBING THE GROUND.
ALL WE'RE DOING IS GOING THE SPACE CRUSHING ON.
SO WE'RE NOT DRIVING FOOD TRUCKS ON THE MUD TO KEEP THE SITE PLAN CLEAN, TO KEEP IT FROM GETTING MUDDY AND TRUCKS BACKING UP AND MOVING THE LAWN.
WE JUST HAVE A NICE DRIVEWAY THERE THAT GIVES BACK UP DROP.
YOU DON'T, SO WHERE'S THE TENT THAT EVERYBODY'S TALKING ABOUT? ARE YOU GONNA HAVE TENTS? YOU, ME, THAT, I MEAN THERE'S NO TENT FOR PUBLIC.
I MEAN, UH, TENTS WOULD BE RENTED BY THE ACTUAL HOST OF AN EVENT.
THEY'RE NOT A LARGE, IT IS NOT GONNA BE A MAJOR COMPONENT ON THE SITE UNLESS SOMEONE INSISTS ON HAVING AN ATTEMPT RENTED FOR THEIR EVENT.
THIS IS NOT A PERMANENT ATTEMPT, IT'S NOT A STRUCTURE THAT'S STAYING UP YEAR ROUND OR SEASONALLY.
THESE ARE THE, UH, FEATURES THAT WILL BE PERMANENTLY FIXED.
THE SITE, THE ATTEMPT, UH, LIKE IT WAS MENTIONED AS A RUMOR IS NOT PART OF OUR, OF OUR GENERAL BUSINESS HANG TENTS.
IF YOU'RE SAYING THAT THERE WILL BE TENTS, BUT THEY'RE NOT YOURS, THEY'RE GONNA BE SOMEBODY WHO RENTS THE AREA.
SHOULD HAVE SOME, SHOULD SOMEONE, LEMME FINISH, THEY'D LEMME FINISH.
IF I GO IN THERE AND I RENT A TENT, I BRING A TENT WITH ME AND I SERVE LIQUOR IN THERE.
ARE YOU GONNA LET THEM SERVE LIQUOR? THAT'S, THAT'S NOT THE PURPOSE OF A TENT.
THAT'S SOMEBODY ELSE DOING THAT.
I CAN'T GO IN THERE WITH A TENT AND RUN MY OWN EVENT IN A TENT.
YEAH, NO ONE CAN RUN AN EVENT ON THE SITE THAT NO, ABSOLUTELY NOT.
A TENT WOULD BE USED FOR COVERAGE AND PROTECTION.
BUT IF THE, IF THE EVENT IS INSIDE, WHY DO YOU NEED COVER OUTSIDE? BECAUSE YOUR OUTSIDE ACTIVITIES ARE GONNA BE WEATHER DEPENDENT.
SO WHAT WOULD YOU WOULD HOST WANNA HAVE A COVER EVENT? SHOULD THEY WANT RENT A TENT FOR THEIR EVENT, THEIR FUNDRAISER, THEIR PICNIC, THEIR WEDDING? UM, THEY ARE ENTITLED TO, TO RENT THAT TENT IN ORDER FOR SHADE AND COVERAGE FOR THEIR TABLE.
SO WHERE WOULD THE TENT BE PUT? UM, RIGHT WHERE THAT PAD IS.
UM, THAT, THAT SQUARE WOULD BE DEDICATED FOR.
SO WHERE THE FOOD TRUCK, 1717.
AND AGAIN, WE'RE TALKING ONE OPS HERE, UM, FOR TENT PLACEMENT.
THIS IS SOMEBODY THAT, THIS WOULD BE A VERY LARGE ADDITIONAL EXPENSE FOR SOMEBODY TO PAY AROUND.
IF ANYONE'S RENTAL, WE MIGHT KNOW.
UM, AND WE HAVE A VERY LARGE INDOOR SPACE THAT CAN BE UTILIZED.
A VERY LARGE OUTDOOR SPACE KIND HAVE A PLENTY IN SOME SHADE.
UM, SO THIS WOULD JUST BE AN ADDITIONAL ADD-ON.
SHOULD SOMEBODY WANT THAT 10 STRUCTURE, SHADE AND STRUCTURE FOR THE LIKE THAT 10 WOULD BE OUR OF THE 175 CORRECT? YEAH.
NOT GONNA HAVE 175 INSIDE AND 50 OR 60 OPTIONS LOSS.
SO DREW, I HAVE A QUESTION FOR DREW.
SO HOW DOES THE TENT FIT INTO THE SITE PLAN IF IT'S NOT, IF IT'S NOT GONNA BE A REGULAR, UM, USE? WELL, WHAT WE LOOKED AT WAS THE RESOLUTION BY THE TOWN BOARD.
THE RESOLUTION BY THE TOWN BOARD SAYS THAT THE APPLICANT MUST HAVE BEEN A SITE PLAN THAT ILLUSTRATES LANDSCAPING, FENCING, LIGHTING, ILLUSTRATING LOCATION OF OUTDOOR USES, PARKING LOT, DESIGN BUILDING ENTRANCE, ET CETERA.
[01:50:01]
WE'RE CONSIDERING THAT IF THEY'RE GONNA SAY THIS IS LABELED, THIS IS LABELED NOW FOOD TRUCK STAGING AREA, YOU'RE GONNA HAVE TO CHANGE THAT TO FOOD TRUCK STAGING AREA AND POTENTIAL TENT AREA.THE TENT AREAS CONSIDERED OUTDOOR USE AND WE'LL HAVE TO CONSIDER IN OUR, IN OUR DECISION.
SO THEY WOULD HAVE TO ILLUSTRATE AN AREA, ALL OUTDOOR USES OF TENT AS AN OUTDOOR USE.
ANYTHING HAS TO BE SHOWN ON THE DRAWING.
THAT WAS THE RESOLUTION OF THE TOWN BOARD.
SO YOU COULD APPROVE THE PLAN AND SAY THIS IS IN ACCORDANCE WITH THOSE THINGS.
SO THAT'S ONE THING I PICKED UP TODAY.
WE'VE HEARD ALL ABOUT TENTS AND WHATEVER.
IF THEY'RE GOING TO HAVE TENTS, THEY HAVE TO BE SHOWN THAT THEY'RE GONNA BE IN THESE AREAS.
WE DON'T WANT, WANT A TENT POPPING UP OVER HERE OR WHATEVER.
RIGHT? AND THEN THE SECOND QUESTION IS, WHAT IS THE IMPACT OF THAT TENT? AND YOU DO HAVE TO DO SEEKER.
UM, ONE OF THE ISSUES WAS THAT'S A DIFFICULT, THAT'S THAT'S YOUR JOB.
UM, BUT AN OUT IS A TENT CONSIDERED AN OUTDOOR USE THAT IS THAT NOT CONSIDERED, YOU KNOW, TO HAVE ALCOHOL SALES IN IT.
AND THE OTHER THING IS, THE TOWN BOARD WAS CONCERNED ABOUT NOISE.
AND IF WE ARE GONNA DEAL WITH OUTSIDE TENTS, WITH AMPLIFIED MUSIC IN IT, UNLESS THEY'RE SAYING NO TO IT, THEN, THEN WE'D HAVE TO REEVALUATE THE NOISE IMPACTS.
WE TALKED ABOUT THIS SECTION OF THE CODE AND I DID TALK TO THE TOWN ATTORNEY.
I MEAN HE, HE DOES SAY THE, THE RESOLUTION IS BLACK AND WHITE.
IT SAYS THEY MUST ILLUSTRATE ALL OUTDOOR USES OR USES ON THE SITE PLAN AND IT MUST BE IN ACCORDANCE WITH THEIR ZONING.
SO THEY, THAT'S ONE OF THE THINGS, THAT'S WHY CINDY BROUGHT IT UP.
WE NEED TO MAKE SURE THAT THERE'S NO SURPRISES.
WHAT WE'RE GONNA REVIEW, WHAT IS GOING TO GO WHERE EVEN OUTDOOR USES, WHICH ARE CONSIDERED TENTS AND PER AND NOT PERMANENT STRUCTURES.
WHERE ARE YOU PUTTING THOSE THINGS? SO WE CAN CONSIDER THEM.
I MEAN IT'S NOT THAT WE WOULD NOT ALLOW, LET'S CONSIDER, I MEAN TENT IS SOMETHING, YOU KNOW, IT PROBABLY WOULD'VE IN AN EVENT CENTER, BUT WE NEED TO UNDERSTAND WHERE IT WOULD GO AND WHAT THE IMPACTS OF THAT TENT WOULD BE.
SO DREW, CAN I ASK YOU ANOTHER QUESTION? YOU BROUGHT UP THE ALCOHOL USE, WHICH HAS NOTHING TO DO WITH THIS BOARD.
WE HAVE NO, NO JURISDICTION, WE HAVE NO RULING.
WE HAVE NO COMMENT ABOUT THE ALCOHOL USE.
IF THEY DECIDE TO PUT A TENT, AND I WANT THIS ON THE RECORD, IF THEY DECIDE THAT THEY'RE GONNA ADD A TENT ON HERE, THEY HAVE TO GO BACK TO THE TOWN BOARD TO GET THAT CLARIFIED OR BECAUSE IT'S NOT SPECIFIED AT MY UNDERSTANDING.
AND I WILL WORK WITH THE PLANNING BOARD ATTORNEY AND THE TOWN ATTORNEY.
THE PLANNING BOARD ATTORNEY HAS MENTIONED THAT TO GET A LIQUOR LICENSE, YOU HAVE TO BASICALLY IDENTIFY THOSE AREAS.
YOU'RE GONNA SERVE ALCOHOL, THE RESTRICTION FROM THE TOWN BOARD OF NO OUTDOOR ALCOHOL SALES.
BUT WE NEED TO IDENTIFY AND UNDERSTAND W WOULD A TENT BE CONSIDERED, FOR EXAMPLE, I'M CONSIDERING THE DECK, THEY'RE NOT, NOT GONNA BE ABLE TO SERVE ALCOHOL ON THE DECK.
THAT'S AN OUTDOOR, THAT'S AN OUTDOOR ALCOHOL USE.
SO, UM, BUT WE'LL WORK WITH JOE AND IT'S A QUESTION RAISED BY YOU GU YOU GUYS BY THE RESIDENTS AND BY THE APPLICANT IS WHAT CONSIDERED WHAT IS CONSIDERED INDOOR USE WE WILL COVERED BY THE LIQUOR LICENSE? YEAH.
DEFINITION, THE DEFINITION OF THOSE WORDS IS GOING TO BE PART OF THE, THE STATE LIQUOR AUTHORITY AND THEIR RULES AND REGULATIONS.
THAT WOULDN'T, THAT'S PART OF THE APPLICATION PROCESS OF THE STATE LIQUOR AUTHORITY.
UM, I JUST WITH IN REGARDS TO THE PEN, BECAUSE THAT'S WHERE THIS STARTED AND I, I DON'T WANT TO GET TOO FAR FROM THAT.
THERE IS, UH, TOWN CODE, UM, WITH RESPECT TO OPERATING PERMITS FOR TENTS, UH, AS PART OF TEMPORARY SPECIAL EVENT STRUCTURES.
THAT'S ACTUALLY PART OF THE TOWN CODE ALREADY.
AND THE REASON THAT'S THERE IS BECAUSE THERE'S A, AN ISSUE WITH FIRE SAFETY IN TENTS FOR, FOR, FOR THAT.
SO THE TOWN BOARD MAY NEED TO ADDRESS THE PLANNING BOARD MEETING TO ADDRESS THAT.
IF THERE'S GOING TO BE 10 STRUCTURES AS PART OF THE PART OF THIS, YOU NEED MORE, NEED MORE INFO, YOU WOULD NEED MORE INFORMATION GATHERING WITH RESPECT TO THAT BEFORE YOU CAN MAKE YOUR DECISION.
BUT COULD YOU END UP HAVING A CONDITION WHERE IN THE EVENT THAT A LARGE TENT THAT'S GOING TO BE, YOU KNOW, HAVE GREATER THAN A 10 BY 10 TOP OF WOULD THEN REQUIRE A SPECIAL USE PERMIT? RIGHT.
AND, AND THAT I CAN'T MAKE A COMMENT ON RIGHT NOW.
I'M JUST REFERRING TO THIS, THE, THE 10.
I THINK THAT'D BE A DEPEND OFF BECAUSE A SPECIAL USE PERMIT WOULD'VE TO COME TO US.
SO EVERY TIME, I MEAN, SORRY, I MEANT A SPECIAL EVENT PERMIT, WHICH THEN TRIGGERS 10.
HAVING THE FIRE BEING ABLE TO BE INSPECTING LIKE THE FOOD AND IT'S UNDER FOOD CROPS FALL UNDER THAT.
THEY NEED, IT'S CHAPTER 76 BUILDING, CONSTRUCTION AND FIRE PREVENTION IN THE TOWN LAW SECTION 76 DASH 10.
AND UH, SUB FIVE REFERS TO CHAPTER 31 10 SPECIAL, UH, TENS, TEMPORARY SPECIAL EVENTS STRUCTURES, UM, OPERATING IN, UH, ET CETERA.
A TEMPORARY SPECIAL EVENT STRUCTURE.
A TENT OR APPROVAL IS REQUIRED PURSUANT TO CHAPTER 31 OF THE FIRE GO TO NEW YORK STATE, WHICH IS THEN ALSO WHEN THE APPLICANT SAID THAT IT'S NOT A REGULARLY OCCURRING ACTIVITY THAT'S GOING TO BE ON THE SITE.
IF THERE'S THEN THE CONDITION THAT ONE ATTENDANT AND DETERMINING OF THE SIZE IS GOING TO BE ERECTED, THAT IT'S GOING TO TRIGGER THE SPECIAL USE, THE SPECIAL EVENT PERMIT, THEN THAT THEN ALSO TRIGGERS SLA WITH REQUIRED TO
[01:55:01]
ANY SORT OF EVENT SET UP THAT THEN HAS ANOTHER VIEW ON HOW THE ACTUAL SITE AND EVENT IS GOING TO BE LOOKED AT.SO IT'S NOT, EVEN THOUGH THERE'S THIS DISCUSSION ABOUT HAVING TENTS AND THIS ADDITIONAL ABUSE, WHEN IT GETS PLACED, IT ALREADY TRIGGERS A WHOLE OTHER REVIEW THAT I DON'T THINK NEEDS TO HAVE ANOTHER LEVEL OF MEETINGS AND REVIEWS AND AND SO FORTH.
JUST BY VIRTUE OF HOW WE'RE ALREADY SET UP FOR EVENTS.
UNDER THE TOWN CODE, IF THEY HAVE A TENT, IS THAT CONSIDERED AN OUTDOOR USE OR INDOOR USE? I CAN'T, I CAN'T ANSWER THAT.
THAT'S, YOU WERE ON THAT BECAUSE I WANNA FIND, SEE WHAT I DON'T WANNA SEE HAPPEN IS THAT THEY PUT UP A TENT AND THEY CALL THAT AN INSIDE STRUCTURE.
AND UNFORTUNATELY STUFF LIKE THAT MAY HAVE DIFFERENT DEFINITIONS BY DIFFERENT AGENCIES.
YEAH, WELL THAT'S WHY WE
SO IF THEY CAN'T PUT A BAND INSIDE THAT TENT, THERE'S, THERE'S RULES ABOUT TENTS.
HOW MANY SIDES HAVE TO BE OPEN AND AIRFLOW AND EVERYTHING.
THAT'S, SO IT'S, IT'S MORE THAN JUST A TENT.
YOU KNOW, EVEN A TENT HAS DEFINITIONS THAT ARE DIFFERENT BY DIFFERENT AGENCIES.
WORDS MEAN THINGS AND IF, IF I WERE TO MAKE A COMMENT, IT'S AN OPINION.
SO I CAN'T, WELL THAT'S WHAT I, I HAVE NO IDEA.
IT DEPENDS ON WHAT YOU, WHAT THE CONTEXT IS, IN MY OPINION THAT I'LL OFFER.
IS ANYTHING THAT THE TOWN BOARD SAID MUST BE DONE INSIDE OR IS PROHIBITED OUTSIDE WOULD NOT BE DONE IN ITS S THAT'S, I MEAN THAT'S, THAT'S KIND OF WHERE, WHERE I WOULD, BUT THAT'S JUST MY OPINION.
WHAT'S YOUR OPINION, JOHN? ANYTHING, ANYTHING THE TOWN BOARD SAID COULDN'T BE DONE OUTSIDE, COULD NOT BE DONE, COULD NOT BE DONE LIEUTENANT.
SO THAT WOULD BE THE, THE AMPLIFIED MUSIC.
BUT THE STATE YOU NEED TO, TO SEE THE OTHER SIDE OF THIS TOO.
THE STATE LIQUOR AUTHORITY APPLICATION.
WHEN YOU, WHEN YOU HAVE TO DO AN APPLICATION TO THE STATE LIQUOR AUTHORITY, YOU HAVE TO BE VERY SPECIFIC ABOUT WHERE YOU'RE GOING TO BE SERVING THE ALCOHOL.
WOULDN'T IT BE, SO IN THAT APPLICATION SPECIAL EVENT, WHEN YOU DRAW THE BOX, IT'S INTENT, WELL NOT, NOT ONLY THAT, BUT WHEN AN APPLICATION IS SUBMITTED TO THE STATE LIQUOR AUTHORITY, THERE'S SUPPOSED TO BE A COPY OF THAT GIVEN TO THE MUNICIPALITY.
AND SO THE TOWN WOULD HAVE TO ADDRESS ANY ANOMALIES BETWEEN THE APPLICATION AND WHAT THE RESOLUTION IS.
SO THERE IS A, THERE IS A, THERE IS A CHANCE FOR THE, FOR ONE AT A TIME.
THAT PROCESS IS, AND THE TRIGGERING OF THESE ADDITIONAL REVIEWS IN THE EVENT THE TENT AND WHAT IS CONSIDERED AN, YOU KNOW, WHAT'S GOING TO BE LIQUOR LICENSE APPLICATION.
IT REDIRECT THAT IS GONNA THEN TRIGGER THESE SUBSEQUENT REVIEWS AND THEN ALSO ALLOW THE TIME AND THE OPPORTUNITY TO ADDRESS WHAT YOU'VE SAID THESE, THIS ANOMALY AND HAVE A MOMENT TO INTERPRET WHAT'S ACTUALLY GOING TO HAPPEN VERSUS HAVING THE THEORETICAL OF WHAT'S GOING TO HAPPEN AT THIS POINT.
WELL AND I THINK WE, I MEAN WE DON'T KNOW, DOES THE, THE LIQUOR LICENSE INCLUDE THAT SQUARE WHERE THE TYPE OF BE THE LIQUOR LICENSE INCLUDES THE UH, THE WHOLE OUT LONG AREA, THE WHOLE OUTER LONG AREA, THE WHOLE AREA
AND OUR UNDERSTANDING FROM THE RESOLUTION OF THAT NO BENDING SCALE OFF BE
SO THE CONSUMPTION ALLOWED, UM, ALRIGHT, GOTCHA.
BUT I GUESS I JUST WANNA CLARIFY BIT MORE THAT IN TERMS OF THE CONCESSIONS OF OUR, OF OUR PAST RESOLUTION, WE'RE COMPLETELY UNDERSTANDING.
AND I SEE THAT AS ALSO A ATTEMPT, YOU KNOW, WE'RE NOT TRYING TO LIKE FIND A LOOPHOLE AND LIKE PULL A BASS.
ONE OF YOU GUYS 10 IS OUTDOORS, ATTEMPT IS OUTDOORS LIKE, AND WE UNDERSTAND OUR RESOLUTION.
THERE IS NO OTHER BY MUSIC ON THIS SITE.
I ALSO WANNA REMIND, UM, EVERYONE BECAUSE WE AGREED TO THIS RESOLUTION THAT NO OTHER ACTIVITIES TO TAKING PLACE ON THE BEACH ON OUR SUNSET, WHICH IS, THAT IS A VERY LARGE, THOSE ARE TWO VERY LARGE CONCESSIONS FROM A BUSINESS PERSPECTIVE.
UM, YOU KNOW, THAT VERY LARGE IONS THAT WE UNDERSTAND, YOU KNOW, WE'RE, WE'RE NOT, AGAIN, NOT TRYING TO PULL FAST FROM HERE.
THIS IS AN EVENT THAT PEOPLE THROW EVENTS UNDER TENS.
UM, IF IF THERE'RE, YOU KNOW, CERTAIN PERSON, PEOPLE WANNA BE OUTSIDE, PEOPLE WANNA FEEL THE FRESH AIR.
WE'RE NOT DOING IT IN ORDER TO HAVE AMPLIFY MUSIC.
WE'RE NOT DOING IT TO HAVE IT BE PAST SUNSET.
YOU, THOSE ARE NOT A BUSINESS BE GOING UP.
IT WOULD BE BECAUSE GRANDMA DOESN'T WANNA BE ABLE OUT OF THE SUN.
SHE WANTS TO SIT IN A TABLE, BUT SHE WANTS TO FEEL THE BREEZE OF THE BEACH.
THIS IS THE WATERFRONT PROPERTY.
THIS IS A BEAUTIFUL WATERFRONT PROPERTY.
WE'RE RESPECT THE LAKE, WE'RE HERE TO MAINTAIN THE LAKE.
WE'RE GONNA BRING PEOPLE TO THE LAKE.
WE'RE NOT GONNA DISRUPT THE NEIGHBORHOOD.
WE'RE HERE TO PRESERVE THE LAKE.
THE PERCEPTION THAT WE'RE TRYING TO BRING ON THESE DRUG PEOPLE TO THE PROPERTY, TO
[02:00:01]
ANYTHING OF THOSE BUSINESSES.WE ARE DEALING BUSINESS, WE ARE DIFFERENT FAMILY.
10 ARE A ONE ONE-OFF SITUATION.
WE CONSIDER THAT TO BE OPERATED.
JUST THEY WOULD BE OPERATED, ENDORSE UNDER THE SAME RULES OF THE RESOLUTION WHERE THERE'S NO
SO I JUST WANNA CLARIFY MY UNDERSTANDING DOWN.
SO I HAVE, I HAVE A COUPLE MORE CLARIFYING QUESTIONS.
UM, AND I, I ACTUALLY WAS A WEDDING PLANNER AT THE AVANTI FOR A VERY LONG TIME.
SO I'M WELL VERSED IN WHAT TENT WEDDINGS LOOK LIKE AND ON BOTH SIDES.
UM, BUT UH, SO YOU HAVE A SLAB, HOW BIG IS THE SLAB? UH, CEMENT PAD? PROBABLY 20, 30 BY 40.
SO YOU CAN FIT A TENT THAT CAN FIT 175 PEOPLE ON THE CEMENT.
NO, NO, IT WOULDN'T BE A, YOU KNOW, IT'D BE LESS THAN THAT.
SO GIVE JUSTO 30 BY 40, 1200 SQUARE FEET.
SO IF WE WERE TO DO, UH, THE SIZE OF THE WAREHOUSE IS 4,300 WE'RE IT'S BARELY FITTING 175 THERE.
IT'S, I'M JUST TRYING TO TAKE IT OUT OF THE ETHEREAL AND INTO THE LIKE ACTUAL SO THAT WE CAN HAVE A CONVERSATION ON THERE IS A CEMENT PAD.
THE CEMENT PAD CAN HAVE A TENT.
SHOULD THE PERSON THROWING PARTIES WANT TO RENT A TENT? THE TENT COULD HAVE TABLES AND CHAIRS AND FOOD AND THINGS OUTSIDE.
THE TENT COULD THEORETICALLY HAVING NON AMPLIFIED MUSIC.
LIKE A STRING QUARTET OR MAYBE A BAND.
SO WE HAVE A TENT THAT WE CAN PUT EVENTS IN.
SO THAT'S WHAT'S BEEN ADDED WITH THE IN THAT'S ONLY WE'RE ADDING WHAT, WHAT WE'RE ADDING RIGHT NOW.
LIKE THERE'S NO WAY AROUND IT.
WE CAN, WE HAVE A PARTY TENT, WHICH IS A LOVELY OUTDOOR SPACE.
I'M NOT DISAGREEING WITH THAT AT ALL.
I JUST WANNA MAKE SURE WE'RE ALL LIKE ON THE SAME PAGE OF WHAT WE ARE EVEN THE TENT FOR.
YOU'RE NOT FRONT TO ADD IT AS A BIG DOOR SPACE.
ANNISE, CAN YOU MOVE THE, THE MAP DOWN A LITTLE BIT TO SHOW THE FURNITURE ON THE BEACH? OH, AND THAT WAS MY OTHER QUESTION.
SO THE, THE BEACH IS, UM, I JUST WANNA MAKE SURE I UNDERSTAND THIS CORRECTLY.
WE, THE CONDITION IS THAT YOU CAN'T BE ON THE BEACH AFTER SUNSET, BUT YOU CAN BE OUTSIDE, YOU SAID BE INSIDE THE DUNE, RIGHT? IS EVERYONE THE SAME ON BEACH? YES.
ALL THE BEACH BIKE PART, THE RESOLUTION, THE RESOLUTION SAYS NO OUTDOOR EVENTS.
NO OUTDOOR EVENTS AFTER, AFTER DUSK.
SO EVERYBODY INSIDE BUT NINE O'CLOCK.
SO THAT VERY HARD TO RUN BUSINESS.
YEAH, NO, I JUST WANTED TO, I JUST WANTED TO CLARIFY THOSE POINTS.
SO, UM, ACCORDING TO MY RESEARCH, THE BEACH IS NOT YOUR PROPERTY.
SO UNFORTUNATELY THAT FURNITURE'S GOTTA BE, IT CAN'T BE PART OF THE SITE PLAN BECAUSE WE CAN'T GOVERN OVER THEM.
WE COULD PUT FURNITURE ON OUR ISSUE.
I DIDN'T SAY YOU COULDN'T, BUT IT CAN'T BE PART OF THE SITE PLAN 'CAUSE WE CAN'T WELL WE WERE TOLD TO PUT IT ON THERE.
SO THAT'S THE ONLY REASON WE PUT IT ON.
WE WERE TOLD TO PUT EVERY USE THAT WE WERE EVER GONNA DO ON THE SIDE LINE.
SO I'M GONNA REFER TO THE PLANNING DEPARTMENT.
HOW IT DOES THAT MAKE, IS THAT AN ISSUE? BECAUSE WE CAN'T, WE DON'T HAVE JURISDICTION OVER THE BEACH.
OR MARY, I SHOULD ASK THE ATTORNEY.
THE CHAIRS ON THE BEACH, RIGHT? THE CHAIRS AND THE UH, THAT'S WHERE SOMEONE WOULD GET MARRIED OVER ON THE WATER.
RIGHT? THAT'S WHY THE WATERFRONT PROPERTY IS WHERE EVERY PROPOSING DREW, YOU HAVE A COMMENT ON THAT? SURE.
AND AGAIN, I'M NOT AN EXPERT IN MARITIME LAW THAT I AM IN SITE PLAN REVIEW THE, THE REGULATION, LIKE I SAID BEFORE, THE APPROVAL FROM THE TOWN BOARD IS THAT YOU ILLUSTRATE ALL OUTDOOR USES ON YOUR SITE PLAN.
IF YOU DON'T SHOW 'EM ON THE SITE PLAN, THEY'RE NOT GONNA BE ALLOWED LATER.
AND THEY GOTTA BE IN ACCORDANCE WITH THE TOWN'S, TOWN'S REQUIREMENTS.
SO YOU HAVE TO ILLUSTRATE 'EM BACK TO CINDY'S POINT ABOUT ON IT IS MY OPINION, AND AGAIN I DON'T UNDERSTAND MARITIME LAW, BUT IT IS IT THEY'RE SHOWING OUT, REDUCES OFF THE SITE THAT WE HAVE APPROVAL POWERS, ON MY OPINION, NOT A LEGAL OPINION OR WHATEVER IS WHETHER THEY SHOW THEM OR NOT DOWN THERE.
WE REALLY HAVE NO CONTROL OF WHAT THEY DO DOWN ON THE BEACH, WHICH IS NOT THEIR PROPERTY.
IT'S SITE PLAN MUST ILLUSTRATE WHAT HAPPENS ON THEIR PROPERTY, WHAT THEY OWN.
SO AGAIN, I'M NOT GIVING YOU LEGAL OPINION, JOE MAY HAVE JUMPED IN, BUT WHAT I'VE DEALT WITH OTHER WATERFRONT PROPERTIES IS WE CAN'T APPROVE ANYTHING ON PUBLIC LANDS.
WE CAN CLARIFY THAT OUR APPROVAL ONLY EXTENDS TO CERTAIN THINGS EVEN THOUGH THE MAP GOES BEYOND IT, RIGHT? YEAH, WE COULD DO THAT.
YOU CAN ADD A NOTE THAT WE'RE NOT APPROVING.
IT'S NOT OUR, JUST THAT THEY TALKED ABOUT PUTTING THE UH, UH, THE, WHAT IS IT? THE, UH, NAUTICAL ROPE DOWN ALONG THE, ALONG THE BEACH.
[02:05:01]
THEIR SITE.I HAVE NO, WE HAVE NO APPROVAL THAT SOMEBODY DOES OWN THAT LAND.
WHETHER IT'S WHATEVER THE AGENCY IS THAT COULD BE STATE OF NEW YORK SUED FOR INJURIES ON THAT LAND IT ALL.
NOW YOU GET REAL CONFUSING 'CAUSE NEW YORK HAS RECREATIONAL USE STATUTES AND IF YOU'RE USING A PUBLIC SPACE FOR ITS INTENDED PUBLIC PERSON FOR PURPOSE, THEY MIGHT BE INSULATED, BUT YOU'RE IN A PUBLIC TRUST AREA AND THEY HAVE TO BE ABLE TO CROSS THE AREA TO GET TO THE PUBLIC TRUST AREA.
BUT THIS IS LIKE A WHOLE PLACE THAT'S BEYOND, UM, SITE PLAN.
SO I WOULD GO DOWN BILL SORT OF, CAN WE JUST NOTE THAT THESE THINGS EXIST EXACTLY AND LIKE IT'S NOT WITHIN OUR APPROVAL BECAUSE IT PER PER DREW YOU SAID THAT THEY'RE CONSIDERING THE PUBLIC TRUST TO START AT THE THE DO AT THE DO AS AS LONG AS THE BOARD DEFINES WHERE YES.
AND IT IS, IT IS A MAIL IT NOT HARD WHERE THAT'S, IT'S NOT A HARD MARK.
THAT'S THAT'S AND THAT'S WHAT I MEAN.
YES, IT'S THE HIGH WATERMARK, WHICH IS A MOVABLE LINE AND USUALLY THERE'S LIKE A LINE OF VEGETATION, SO THEY'RE JUST USING THE DUNES.
PER, WHAT WAS THAT DEC? SOMEBODY SAID IT WAS DEC.
YEAH, NO, THAT IT WAS THE DUNE IN THE LINE.
SO AGAIN, I THINK THE SOLUTION WAS LIKE NO SHAREHOLDERS WAS THAT THAT YOU CAN AND, AND BILL, YOU CAN INCLUDE SHOWING IT ON THERE, BUT JUST END A NOTE SAYING WE HAVE NO APPROVAL POWERS OVER WHAT OCCURS ON PUBLIC LANDS.
UM, I'LL JUST REITERATE AGAIN FOR THE THIRD TIME AND I'LL STOP.
MAKE SURE IF THE PUBLIC IS ASKED THIS, IT NOT AN OPEN CHECKBOOK TO DO ANYTHING.
YOU HAVE TO ILLUSTRATE ON THIS DRAWING WHAT YOU ARE DOING FROM AN OUTDOOR, I WOULD CONSIDER LABEL THIS AS AN AREA FOR FOOD TRUCKS AND TENTS LABEL THIS AS WHATEVER, WHATEVER OUTDOOR USAGE YOU'RE GONNA HAVE, HAVE TO BE SHOWN THE PLAN.
IT'S A DOCK CART BLANC AND THEY CAN DO SOMETHING ELSE LATER.
AND THEN YOU HAVE THE JOB TO MAKE SURE THAT IT'S AN ACCORDANCE WITH THE TOWNS, WHETHER YOU LIKE IT OR NOT.
THE TOWN'S RESOLUTION OF WHAT COULD AND COULD NOT BE ALLOWED AND HOW IT SHOULD BE ALLOWED.
SO THAT'S ALL I'M SAYING IS THAT THIS DRAWING IS GONNA BE VERY IMPORTANT BASED UPON THE CONDITION OF THE TOWN BOARD.
IT'S GONNA REPRESENT KIND OF WHAT IS GONNA BE ALLOWED ON THE SITE INDOOR AND NOW AUTHORITIES.
AS LONG AS IT'S IN ACCORDANCE WITH THE PANELS REZONING SO ILLUSTRATED SO EVERYBODY CAN SAY IT IS NOT GONNA COME BACK LATER AND DO SOMETHING OVER HERE.
WHAT ARE YOU DOING ON THIS SITE? OUTDOOR AND INDOOR MS WANTED TO COMMENT TO THE BOARD.
DO YOU HAVE A COPY OF THE RESOLUTIONS IN FRONT OF YOU FROM THE ACCOUNT? SO YOU CAN COMPARE THE, PUT THE BOARD AT UNDER MY YOUR YOUR, YOUR THOROUGH INVESTIGATION IS BASED ON ALL THE AGENCIES.
I'M SORRY BECAUSE THE TOWN BOARD MEMBER ASKED ME ABOUT THIS.
THE TOWN BOARD HAS SET WHAT THE USES ARE ABOUT, WHETHER YOU LIKE IT OR NOT, FROM THE STANDPOINT OF WHAT IS THAT THE USES.
BUT THEY ALSO HAVE A CONDITION THAT THOSE USES HAVE TO BE SHOWN ON THE SITE PLAN.
THAT SITE PLAN THEN WILL BE THE APPROVAL.
YOU MAKE ANY CHANGES TO THAT AND DO OTHER THINGS ON THE PROPERTY.
YOU'RE EITHER BACK TO THE TOWN BOARD OR THE PLANNING BOARD FOR CONSIDERATION OF THAT.
THAT WILL SET WHAT THE OUTDOOR USES WILL BE ON THIS SITE.
AND I WOULD CONSIDER A 10 AND OTHER OUTDOOR USE.
AND I WOULD AGREE WITH THAT, THAT THAT THAT PARAGRAPH FIVE AND THEN THE, THE BULLETED ITEMS, A THROUGH E FROM THE, THE TOWN BOARD RESOLUTION WOULD BE SOMETHING THAT THE PLANNING BOARD WOULD HAVE TO WELL THAT'S WHAT WE'VE BEEN, YEAH, THAT'S WHAT WE'RE GOING OVER.
SO AT THIS POINT, IS THERE ANYTHING ELSE? DOES ANYBODY ELSE HAVE ANYTHING TO OFFER OR TO REVIEW OR ASK OR DO THEY SEE SOMETHING ON THE SITE PLAN BASED ON THESE, UM, PAGES THAT WE'VE LOOKED AT FROM THE TOWN BOARD THAT WE NEED TO MAKE SURE THAT EVERYTHING IS ON THERE THAT WE SEE? WOULD YOU LIKE ME TO DISCUSS THE SEWER SITUATION? NO, NO, NO, BECAUSE THAT'S NOT, I'VE SPOKE ABOUT IT.
I I APPRECIATE THAT, BUT IT'S NOT OUR, UM, NO PROBLEM.
I DO WANNA TELL, I WE CAN JUST SAY THAT THAT'S NOT WITHIN OUR PURVIEW AND THAT ERIE COUNTY IS HANDLING THAT.
SO UNFORTUNATELY WE DON'T HAVE, IT WAS A CONDITION OF APPROVAL CORRECT.
FOR THE SEAL ENGINEER WILL MAKE SURE THAT WILL NOT SIGN THE FINAL SITE PLAN.
SO IT'S AN IMPORTANCE WITH THAT SHOWING ALL THE PROPER DRAINAGE.
IT ALSO SAID SEWAGE AND WHATEVER, IT'S A COUNTY APPROVAL, BUT THE TOWN ENGINEER WILL MAKE SURE THOSE APPROVALS ARE IN PLACE.
SO IT WILL HAPPEN BEFORE THEY GET A CO OR FINAL APPROVAL OF THAT SITE ALL ORDER REGULATORY APPROVAL VERSION.
HONOR EVERYONE'S CONSIDERATION.
SO, UM, LET'S SAY WE CAN'T DO ANY OUTDOOR EVENTS ON, UM, AFTER SUNSET.
AND SUN'S GONNA SET AT 8:55 PM BY JULY 15.
I'M NOT TELLING, I'M NOT, I'M JUST PUTTING THAT IN CONTACT.
SO IF THEY'RE HAVING LIKE AN OUTDOOR WEDDING, THEY'RE WRAPPING IT UP AT 8 45 BECAUSE THAT'S WHEN THE SUN IS GONNA SET.
SO I DON'T KNOW WHAT THAT MEANS.
I'M JUST JUST PUTTING THAT OUT.
MOVING INTO THE WORLD OR, OR MOVING INTO OR MOVING INTO OR THE OTHER.
I JUST WANTED TO PUT SOME CONTEXT THERE
[02:10:01]
ON SUNSET.AND I JUST HAVE A QUESTION CLARIFICATION.
I DON'T KNOW JOE OR DREW CAN WHAT YOU NEED.
SO, OR THE RESOLUTION ON FIVE B SAYS INDOOR ALCOHOL USE, YOU MENTIONED THAT THE GREATER AREA IN THE LAWN IS APPROVED FOR ALCOHOL USE.
I JUST WANT CLARIFICATION ON USE VERSUS SALES VERSUS CARRYING IT OUTSIDE.
I I DON'T KNOW WHERE THAT QUESTION GOES EXACTLY, BUT THAT SEEMS VERY VAGUE AT THE MOMENT.
JUST SO WE HAVE AN ANSWER ON THAT.
I, I MENTIONED, I'M NOT GONNA COMMENT ON WORD DEFINITIONS.
UM, A LOT OF THE WORDS ARE ALREADY DEFINED IN THE STATE LIQUOR AUTHORITY AND THE DIFFERENT TYPES OF APPLICATIONS, WHETHER IT'S, UH, IT'S NOT ANYTHING WE CAN ON PREMISES, APPLICATIONS, BAR LYING, UH, SPECIAL EVENT CATERING IS ANOTHER LICENSE, BUT THOSE WORDS ARE DEFINED IN THEIR STATUTES.
TOWN MAY HAVE DIFFERENT STATUTES.
COUNTY, I, I CAN'T JUST RIGHT HERE RIGHT NOW.
I CAN'T GIVE YOU A A, AN ANSWER.
ANYTHING ELSE? SO I THINK FOR TONIGHT, UM, THE ONLY THING ON THE SITE PLAN THAT I THINK THAT NEEDS TO BE DOCUMENTED IS THE, IF EVERYBODY'S IN AGREEMENT, THEY HAVE THE PLATFORM JUST OUTSIDE THE PARKING LOT WHERE WE SAID FOOD TRUCKS AND, UM, POTENTIAL TENT.
THAT NEEDS TO BE CLARIFIED ON THAT.
AND THEN, UM, WE'RE GONNA TABLE THIS BECAUSE OBVIOUSLY THERE'S NOT GONNA BE A VOTE TONIGHT.
UM, FOR WHAT IS IT THAT'S, OTHER THAN THAT NOTE ABOUT A 10 MM-HMM
WHAT ELSE IS WE HAVE TO DO? SEEKER.
ISN'T IT PREPARED? NO, BUT IT IS PREPARED.
IT'S NOT, I GUESS I'M WONDERING, I WASN'T GONNA COMMENT ON SECRET.
I JUST WANTED DO YOU WANT, DO YOU WANT THEM TO RESPOND TO THE ADDITIONAL COMMENTS THAT WERE MADE TONIGHT AS THE WAY THAT THEY DID BEFORE? WAS THERE ANY ADDIT? THERE WERE ANY THAT WAS, THAT WERE DIFFERENT? I MEAN IF SOMEBODY WANTS TO GO THROUGH AND IDENTIFY WHAT WAS ACTUALLY A NEW COMMENT COMPARED TO THE PREVIOUS COMMENTS, I I IF THERE WAS ANYTHING ADDITIONAL THAT YOU CARE TO, NOT THAT YOU CARE.
IF THERE WAS ANYTHING ADDITIONAL THAT YOU NEED TO ADDRESS, THEN YES, YOU WOULD SEND THAT TO US.
UM, BUT WE DO HAVE, SEEKER IS NOT PREPARED.
I DON'T KNOW WHERE THAT GOT FROM, BUT IT'S NOT, IT'S NOT PREPARED.
UH, YOU WERE PROVIDED WITH THE SEEKER MATERIALS THAT THE TOWN BOARD USE.
YOU ARE MAKING YOUR OWN DECISION, RIGHT? IT IS A STARTING POINT.
YOU CAN LOOK AT, COMPARE AND MAKE YOUR OWN DECISION.
WE JUST GAVE YOU WHAT THE TOWN BOARD DID.
THEY'RE PART ONE, THEY'RE PART TWO, THEY'RE PART THREE AND THEY'RE PART THREE EVALUATION.
AND YOU WERE ALSO, AND NOT A RECOMMENDATION IS FOR YOU TO LOOK A STARTING POINT FOR YOU TO LOOK AT WHAT THE TOWN BOARD DID.
AND YOU WERE ALSO SENT THE SEEKER FROM UH, DEC THAT THEY DID THEIR, WHAT IS THIS? THE PLANNING BOARD HAS PROVIDED THE BOARD WITH SEA PART 1, 2, 3 AS WELL AS A PART THREE ANALYSIS THAT'S FROM THE TOWN BOARD SAYS
WELL THE TOWN BOARD APPROVED THE RESULT, RIGHT? YES.
SO WE'LL GO AHEAD AND TABLE NO, I'M SORRY, WHAT? NEVERMIND MY INTERNET STOPPED WORKING NOW.
SO WE'RE GONNA TABLE THIS TO MARCH 6TH IS SIXTH.
SIXTH AND AT THAT POINT, UM, PREPARE SEEKER.
DO I HAVE TO ASK YOU GUYS TO START THAT FOR US? WE'RE GONNA USE THE, THE, THE TOWN BOARD'S BEGINNING.
YOU GUYS CAN PROVIDE US INPUT, WRITE US COMMENTS.
IF YOU THINK OF ANYTHING IN REVIEWING THIS THAT YOU NEED ADDITIONAL INFORMATION, WE WILL, THROUGH ANISE, THEY WILL CONTACT THE, THE APPLICANT AND SAY WE NEED ADDITIONAL INFORMATION HERE.
YOU'RE GONNA START THAT REVIEW.
YOU'VE HEARD THE PUBLIC COMMENT, YOU'VE GOT THE SITE PLAN APPLICATION.
YOU'RE GONNA GET SOME RESPONSES, YOU HAVE SOME MATERIALS TO FIND OUT WHAT YOU NEED.
THE BIG ONE IS MAKE SURE THAT SITE PLAN ILLUSTRATED WHAT YOU'RE DOING ON THAT SITE.
CAN'T COME BACK LATER AND SAY, OH YEAH, WE'RE DOING THIS NOW.
IT'S GOTTA ILLUSTRATE THOSE THINGS.
IT'S VERY CLEAR IN THE, IN THE RESOLUTION.
NOW PERRY POINT OUT YOU HAVE TO ILLUSTRATE MOTION TO TAKE AFTERWARDS.
EJ, WHEN YOU DO THAT, YOU DON'T NEED MOTION BESIDES EMAILING IT TO US COPIES YEAH.
ON THE SITE, WHATEVER YOU EMAIL TO SUM PARK.
BUT I DO, I DO TELL THEM THAT STAFF APPEARING OR DO WE HAVE A DISCUSSION ON SECRET FIRST BEFORE THEY PREPARE THE PAPERWORK? BECAUSE WE VOTE ON IT, WE DON'T NEED TO DO A RESOLUTION FOR THEM TO PREPARE IT.
BECAUSE THEY CAN PREPARE IT AND WE DON'T HAVE TO ACT ON IT.
[02:15:01]
I NEED A MOTION TO UM, TABLE THIS TO MARCH 6TH.MAKE THE MOTION WE TABLE HELP THEM MAKE SURES TILL MARCH 6TH.
SO IT'S BEEN MOVED, UH, MOVED BY UH, DENNIS, SECOND BY KAITLIN C TO, UM, TABLE THIS, UM, ALCHEMY SHORES UNTIL MARCH 6TH.
YOU COULD START THROWING THINGS AT ME THEN MAKE, OKAY, THANKS ISELLE.
SO NEXT WE HAVE, SO OUR NEXT UM, CASE IS SOUTH PARK, UM, AVENUE LLC HERE THIS EVENING, 5 2 7 2 SOUTH PARK AVENUE.
LLC IS REQUESTING AN EXTENSION.
UM, ARE YOU MATTHEW? YES, THAT'S ME.
UM, SO 5 2 7 2 SOUTH PARK AVENUE.
UM, BOARD MEMBERS, YOU MAY REMEMBER THAT THIS IS ALSO AKA THE PROPERTY ON, UM, NEXT TO HILBERT.
THEY, UM, HAD YOU PREVIOUSLY APPROVED THE PLAN BACK IN JANUARY AND THEY GOT A LITTLE SIDEWAYS OR SIDETRACKED I SHOULD SAY.
SO, UM, THEY HAVE, UM, RESOLVED THEIR ISSUES WITH THE ENGINEERING DEPARTMENT AND THEY'RE HERE JUST TO EXTEND.
DID GET ASKED FOR AN EXTENSION ON THEIR, UM, SITE PLAN.
YOU KNOW, NOTHING HAS CHANGED ON OUR GROUP SITE PLAN.
THE ONLY THING I HOPE THAT CHANGES IN THE ENVIRONMENT CREATES GOING ON.
SO WE'RE WORKING THROUGH THAT FINANCING PIECE AND UM, YOU KNOW, WE'VE BEEN ACTIVE MEETING WITH, YOU KNOW, UH, THE FOLKS AT
AND THEN ALSO WE, YOU KNOW, WE'VE TAKEN MANY MEETINGS FOR THAT CENTER BUILDING 50, THE 7,000 SQUARE FOOT STRUCTURE THAT WE ARE SAVING, UM, AS PART OF THE SHIPPO AND UH, AND BOARDS AND STIPULATIONS AS PART OF OUR IMPROVEMENT.
SO WE'RE TRYING TO FIND SOME ACTIVATION FOR THAT.
BUT WE STILL ARE, YOU KNOW, COMMITTED TO THE HUNDRED JURISDICTION
DOES ANYBODY HAVE ANYTHING TO ASK? NO.
IS THERE ANY, WE JUST MAKE A MOTION.
SO I WOULD LIKE TO, UM, MAKE A MOTION TO EXTEND, UM, THE SITE PLAN, UM, EXTENSION FOR SIX MONTHS.
UM, ALL THOSE IN FAVOR? A I'LL SECOND.
ALL OPPOSE? ANY OPPOSED? NONE.
HOPEFULLY WE'LL SEE SOME ACTION OUT THERE.
THERE WAS SOMEBODY HERE FOR AGENDA ITEM NUMBER FOUR? YOU SKIPPED OVER THE, WE WANT WAIT WHEN EVERYBODY'S TALKING.
NUMBER THREE, THE CRAFT WINERY BREWERY LAW.
OKAY, WELL WE'LL GET 'EM NEXT.
THEY WERE, THEY WERE HERE FOR THAT ONE ANOTHER.
DID THEY LEAVE? NO, THEY'RE HERE.
OKAY, WELL I CORRECT BREW RIGHT HERE.
SO OUR NEXT CASE IS THE CRAFT BREWERY AND WINERY LAW AMENDMENT REVIEW AND RECOMMENDATION.
THIS PROJECT WAS LAST SEEN BY THE PLANNING BOARD IN JULY OF 2 20 23, UM, FOR A SMALL HALLWAY PROJECT THAT WAS GRANTED AS A SITE PLAN WAIVER.
UM, IT WAS BROUGHT UP THEY ARE TECHNICALLY NOT ALLOWED TO SERVE FOOD AT THIS PARTICULAR ESTABLISHMENT.
SO, UM, THIS HAS BEEN BROUGHT BEFORE US.
HAVE BOARD MEMBERS HAD TIME TO REVIEW IT AND DO THEY HAVE IN THE COMMENTS? WE HAVE THE OLD LAW AND THE NEW LAW.
JUST I'LL START OFF REAL QUICK AS FAR AS BACKGROUND.
[02:20:01]
SO MY UNDERSTANDING, THE CRAFT BREWERY LAW, WHICH ENDED UP BEING THE MODEL FOR OUR WINERY LAW AND POSSIBLY EVEN OUR DISPENSARY LAW, UH, WAS ORIGINALLY ENACTED FOR THE HAMBURG BREW PUB BECAUSE THEY WANTED TO BUILD THAT FACILITY OUT THERE.AND WE DIDN'T HAVE A LAW AT THE TIME.
UM, AND THESE AMENDMENTS JUST KIND OF CONFORM TO THE USES THAT THEY'VE BEEN DOING OUT THERE.
UM, SO IF WE DON'T MAKE THESE AMENDMENTS, THEN THEY'RE NOT IN COMPLIANCE WITH THE ORIGINAL LAW THAT WAS DRAFTED, REALLY.
SO WE COULD HAVE THAT PARTICULAR PROJECT THERE.
SO I THINK THIS IS JUST KIND OF CLARIFYING SOMETHING THAT WE DIDN'T ADDRESS WHEN WE INITIALLY PASSED THE CRAFT BREWERY LAW.
WELL, THE BIGGEST THING WAS THAT THEY'RE SERVING FOOD.
AND THEY'RE GONNA ADD IN ABUNDANCE SPACE ON, ONTO, ONTO THIS.
AND THEY RIGHT, THE LAW DIDN'T COVER THAT.
THE LAW DIDN'T COVER THE SERVING OF THE FOOD.
IT WAS, IT WAS SOMETHING LIKE APPETIZERS.
AND THEN TURNS OUT THEY'RE SERVING HAMBURGERS AND HAMBURGERS, MEALS OR APPETIZERS.
IS IS THE, THE, THE AMBIGUITY WE RAN INTO.
SO THIS IS SAYING WHAT THEY'RE DOING THERE NOW IS FINE.
AND WHAT WE NEED TO DO IS REVIEW THIS LAW, SEE IF THERE'S ANY ADDITIONAL INFORMATION, AND THEN MAKE RECOMMENDATIONS IF THERE'S ANY CHANGES OR PROVIDE ANY COMMENTS AND REVISIONS.
AND UNFORTUNATELY, TABLE IT TO THE NEXT MEETING.
WE HAVE TO TABLE IT AGAIN, SOME CHANGES.
WE DON'T HAVE TO TABLE NO CHANGES.
WE DON'T HAVE TO TABLE IT IF THERE'S NO CHANGES.
YOU WANNA RECOMMEND YOU GO RECOMMEND IT.
THE PROCESSES, THE CODE REVIEW COMMITTEE PUTS IT, THE TAB BOARD ENTERTAINS THE, AND SEND IT TO YOU FOR COMMENT.
AND I I WAS ON CODE REVIEW WHEN WE DID THIS, SO I GOT HEAD START.
THANK YOU FOR YOUR, FOR YOUR, UM, KNOWLEDGE FOR SHARING THAT WITH ALL OF US.
UM, I REVIEWED IT AND I DON'T HAVE ANYTHING.
I THINK IT KIND OF NEATS IT UP A LITTLE BIT.
DOES ANYBODY ELSE HAVE ANY COMMENTS OR ANY OBJECTIONS? I AGREE WITH YOU, CINDY.
WELL, I DON'T WANT A LAWYER THIS, BUT I'M GONNA OVERLAY THIS.
SO I I I FINE WITH THE CHANGE IN IT.
I JUST THINK THE WORD NOW YOU HAVE WORDS THAT NEED TO BE DEFINED AND SO IT'S ACTUALLY HARDER TO UNDERSTAND.
LIKE I'M READING THIS THINKING, WELL WHAT IS A LICENSED PRODUCT? I DON'T KNOW IF BREWERIES, EVERYTHING THEY SELL IS A LICENSED PRODUCT.
LIKE IT'S EVERY WINE A WINERY MAKES A LICENSED PRODUCT.
I DON'T KNOW ENOUGH ABOUT HOW IT WORKS.
AND MAYBE THERE'S A WAY TO WRITE A CLEARER, LIKE IF THEY HAVE A HAT WITH THE LOGO ON IT, RIGHT? OR A SHIRT OR A MUG.
THAT'S WHAT WE MEANT BY LICENSED PRODUCTS.
SO IF THERE'S A DIFFERENT WAY TO DEFINE THAT, IT'S CLEARER, MAYBE WE CAN MAKE THAT RECOMMENDATION AS WELL.
SO WHERE ARE WE LOOKING? THESE ARE THE OLD AND THE NEW LAW YOU'RE TELLING ME, RIGHT? THIS IS THE OLD, AND THEN THEY, THEY SENT US THE NEW ONE SATURDAY.
OR THEY PUT IT IN THE, THE OLD IS THE ONE THAT OBVIOUSLY HAS THE CODE THAT LIKE IT'S STRAIGHT OUT THE CODE.
THE NEW IS THE ONE WITH THE, WITH THE R.
DO YOU HAVE THIS? I HAVE NO IDEA.
SO THIS, THIS IS THE NEW ONE AND THE CHANGES ARE THE, ARE THE HEIGHT.
SO THAT'S WHERE I'M FOLLOWING.
SO, SO THAT'S WHERE I'M GETTING A LITTLE BIT LOST HERE.
'CAUSE WE WENT FROM 3 2 83 26 IN OLD ONE TO 3 32, 3.
FOR SOME REASON THAT'S BECAUSE, UM, JUST GAPS IN THE CODE WITH IT'S BEEN UPDATED.
SO WHEN WE REWRITE THIS, IT'LL JUST HAVE A NEW NUMBER.
AND THEN WE WENT, AND THEN WE WENT FROM WHAT YOU'RE SAYING, BILL IS LIKE HALF WHATEVER, WHICH THAT'S WHAT I SAID TOTALLY FOLLOWING, EXCEPT THAT ALSO EXISTED.
LIKE WE WENT BEER TASTING, RETAIL SALES, BEER, RETAIL SALES OF RELATED PRODUCTS TO LICENSED PRODUCT TASTING, RETAIL, SALE OF LICENSED PRODUCT.
I, I DON'T, I'M JUST ON ON THE E CODE PAGE RIGHT NOW AND I DON'T THINK THIS IS THE ACCURATE ONE.
THE ONE THAT SAYS TWO 80 DASH 3 26 0.3.
I I DON'T THINK IT'S ACCURATE.
I'M LOOKING AT THE E CODE RIGHT NOW.
THIS ONE SHOWS THAT IT WAS PASSED, UH, 2000 ADDED BY LOCAL LAW 2000, UH, NUMBER ONE DASH 2013.
BUT ON THE E CODE WEBSITE, IT'S, IT'S SHOWING THE SAME SECTION NUMBER.
THE THE THE 3 32 0.3 ON THE, ON THE TOWN CODE WEBSITE.
IT SAYS IT WAS AMENDED AND RIGHT.
AND IT'S SHOWING, UH, I CAN HELP AND JOSH PROBABLY TOOK THE PROPO, THE LAW 19TH AND TOOK IT.
AND E CODE PROBABLY CHANGED THE SECTION NUMBER SO YOU CAN POINT OUT TO THE TOWN THAT THE SECTION NUMBERS ARE WRONG HERE.
THEY DON'T REFERENCE THE CORRECT SECTION NUMBERS.
[02:25:01]
JOCK PROBABLY DID.HE TOOK THE LAW THAT WE HAD PROPOSED AND ADOPTED IN THE WORD FORM, MADE CHANGES TO IT NOT REALIZING THAT WHEN E CODE PUT IT IN THE CODE, THEY CHANGED THE SECTION NUMBERS.
WELL, AND I, I THINK WHAT HE'S SUGGESTING IS THAT JOCK HAD GIVEN US THE 2013 AS OPPOSED TO NO, I'M STILL, I'M STILL SEEING TWO.
THE TEXT LOOKS THE SAME OTHER THAN, UM, THE SECTION NUMBER.
SO BILL, I APOLOGIZE FOR THE CONFUSION, BUT THE SECTION NUMBER IS DIFFERENT ON THE WEBSITE.
IT'S TWO 80 DASH 3 32 0.3, THE SAME SECTION NUMBER AS THE PROPOSED CHANGE.
SO I DON'T KNOW WHY THE OLD ONE STILL HAS OTHER THAN DREW'S EXPLANATION.
THAT IT USED TO BE THE OLD CODE NUMBER AND THEY CHANGED IT.
SO THIS SAYS 22 80, 33, 32 0.4.
THIS IS WHAT WAS SENT TO US OVER THE WEEKEND.
WELL IT'S, IT'S, IT'S, AND THEN THIS ONE SAYS 33 3 3 3 3 2 0.3 IS THE GRAPH FARM BREWERIES.
AND 3 32 0.4 IS THE SAME SECTION WITH THE WINE.
WHICH IS HOW THEY EXISTED BEFORE OR POINT.
SO WE DIDN'T GET BOTH OF THESE.
THAT'S, UM, SO I FEEL LIKE WE, IN ADDING LICENSED PRODUCT, TASTING AND LICENSE, WE LOST SOME OF THE EASILY UNDERSTANDABLE CLARITY, BUT I ALSO JUST DON'T KNOW HOW THE TYPE OF LAW WORKS.
SO JUST TO CLARIFY, BILL, I THINK WE MIGHT HAVE, THERE MIGHT BE A DIFFERENT UNDERSTANDING THERE BECAUSE ACTUALLY WITH THE LICENSED PRODUCT, I BELIEVE THAT'S MEANT TO REFERENCE ANYTHING THAT'S NEW YORK STATE LICENSED PRODUCT.
SO IF A BREWERY CAN ALSO GET A LIGHT, A NEW YORK STATE LIQUOR LICENSE TO SELL CIDER, THEY CAN SELL CIDER BECAUSE IN THE OLD LAW IT SAID, UM, BEER TASTING.
OH, WINE TASTE, WINE TASTING WITH BEER TASTING DEPENDING ON WHAT SECTION.
SO THE PETITION WAS TO ALLOW FOR NEW YORK STATE LICENSED PRODUCTS BECAUSE THEN IT GOES INTO RETAIL PRODUCTS, WHICH IS WHAT YOU'RE SAYING.
AND THEN WHAT'S IT LIKE? AND SAME WITH A RETAIL SALE OF A LICENSED PRODUCT.
WHAT DOES THAT MEAN? BECAUSE I THINK LICENSED PRODUCT ON, LIKE, I THOUGHT THAT WAS SUPPLANTING RETAIL SALES OF RELATED PRODUCTS AND SOUVENIRS, BUT RETAIL SALES OF LICENSED PRODUCTS.
SO TO SELL THE BEER YOU MAKE, SO YOU CAN GO DO LIKE A CARRY OUT OF A SIX PACK, BUT THEN THEY COULD, THEY GOT A LICENSE, THEY COULD SELL CIDER LINE AND I GUESS THAT'S JUST WHERE IT LOSES ME.
WHATEVER THEY GET THE LICENSE FOR CARS.
AND I JUST, I'M, I'M JUST CONFUSED AT WHAT ONE AND TWO ARE INTENDED TO MEAN BECAUSE NOW IT DOESN'T MEAN ANYTHING TO ME.
IT SO YOU WOULD LIKE A CLARIFICATION OF RETAIL SALE OF LICENSED PRODUCT, WHAT THE LICENSED PRODUCT IS? YEAH.
OR A ONE TWO PRODUCT PRODUCED BY WHATEVER IT'S INTENDED TO MEAN.
LIKE DOES THAT, DOES THAT MEAN THE BEER THAT THEY MAKE AND JUST BY WAY OF MAKING BEER AS A BREWERY, YOU HAVE A LICENSED PRODUCT? YOU COULD, SO WE COULD TRY AND COME UP WITH LANGUAGE THAT WE THINK IS BETTER.
OR WE CAN SEND A RECOMMENDATION TO THE TOWN BOARD ASKING THEM TO LOOK AT THE LANGUAGE AND SEE IF THEY CAN COME UP WITH LANGUAGE THEY THINK IS BETTER.
WHAT I BELIEVE THEY TOOK THAT FROM IS FROM AG AND MARCUS LAW AND WE CAN GET THE DEFINITION OF MAG AND MARCUS LAW.
SO DEFINED UNDER MARKETS LAW AND THAT'S DEFINED UNDER, SO E OKAY, SO, SO SUPER EASY FIX LICENSE PRODUCTS AS DEFINED UNDER.
FITS WHAT THEY INTENDED TO MEAN.
THEY YEARS AGO WHY THIS LAW WAS ADOPTED.
IS THAT WHY IT'S BREWERY? IT WAS ADOPTED BECAUSE AG MARKETS WENT AND ADDED BREWERIES AND WINERIES.
AGRICULTURAL RELATED USE SUGGESTED THAT TOWNS INCORPORATE THAT INTO THE LAW TO ALLOW BREWERIES AND WINERIES IN THEIR TOWN AS AGRICULTURAL RELATED USE.
SO IS THAT THE ONLY, SO JUST THAT'S FOR THE BREWERY? YES.
IS THERE ANY CLARIFICATION THAT YOU NEED FOR THE WINERY? THEY DIDN'T CHANGE WINERY TO THAT.
THEY KEPT WINERY AS RETAIL AS WINE TASTING AND RETAIL SALE OF WINE.
SO JUST DON'T YORK STATE WINE.
I'M ASSUMING THE BEER WAS BECAUSE OF CIDER.
IT'S NEW YORK AND ME OF APPLES.
AND THAT'S SOMETHING WE CAN ALSO STANDARDIZE.
IT CAN BE ADDED TO THE WINERY AS WELL.
SO I THINK WE SHOULD ASK THEM
THE ONLY OTHER THOUGHT WAS KIND OF THE SAME VEIN OF ACCESSORY USES AND STRUCTURES TO FARM BUSINESS BUSINESSES.
WE PROPOSES IT'S THAT B SUBSECTION B IT'S JUST THE, THE B OKAY.
UM, ACCESSORY USES AND STRUCTURES.
FARM LICENSE BUSINESSES MAY INCLUDE THE FOLLOWING.
AND IT JUST PRESUPPOSES THAT THIS IS A FARM LICENSE BUSINESS, WHICH I ASSUME YOU JUST KNOW BECAUSE OF WHERE THIS FALLS UNDER THE LAW SINCE IT WAS MADE UNDER AGON.
WELL THEY HAVE TO BE IN THE MICRO AGRICULTURAL ZONE.
SO THAT'S WHY WE'RE IN THIS SCAN.
AND BY THE WAY, THIS STILL IS NOT AN OPEN CHECKBOOK.
IF THEY ADD THINGS THAT WEREN'T
[02:30:01]
IN THE ORIGINAL SPECIAL USE PERMIT, THEY HAVE TO COME BACK AND GET YOUR APPROVAL OF THOSE ADDITIONAL THINGS BY SPECIAL USE PERMIT.GRANTED SPECIFIC THINGS THAT WERE ALLOWED, YOU'D HAVE TO COME BACK AND GET THAT APPROVED BY SPECIAL USE PERMIT ADD NOT ACCESSORY USES.
BUT ANY PRINCIPAL USE WOULD'VE TO COME BACK AND BE ALLOWED BY SPECIAL USE PERMIT.
SAME, SAME THING WITH THE, THE LIQUOR LICENSE.
THEY HAVE TO GET, YOU KNOW, ANY TINY CHANGE TO THE LIQUOR LICENSE, UH, TO THE LIQUOR, UH, PROCESS.
WHETHER IT'S WHATEVER THEIR LICENSE PRODUCTS ARE.
THEY HAVE TO GO BACK TO THE STATE LIQUOR AUTHORITY AND, AND PETITION TO MODIFY THE LICENSE.
THE WHOLE PROCESS APPLICATION PROCESS AGAIN.
WHICH IS WHY THE LANGUAGE OF LICENSE PRODUCT.
SO NUMBER TWO, HOW IT SAYS RETAIL SALE, THAT WAS TAKEN OUT OF THE, THAT WAS FROM THE ORIGINAL IT SAID RETAIL SALE OF BEER.
IT CHANGED SO THAT RIGHT, RIGHT.
SO PEOPLE MIGHT HAVE CS AND CAN'T HAVE BEER.
AS LONG AS WE CAN GET A DEFINITION FOR WHAT THOSE ARE INTENDED TO MEAN.
BECAUSE I JUST, I THINK IT'S CONFUSING TO UNDERSTAND THEN.
SO WE ADD SOMEONE TO THE, UM, NEW YORK AND NEW MARKETS LONG.
AS DEFINED? AS DEFINED IN? AS DEFINED BY NOT PURSUE TO MM-HMM
NO, IT WOULD BE AS DEFINED IN ORBA.
AND THEN THE OTHER RECOMMENDATION IS THAT THE WINERY LAW ALSO INCLUDE THE SAME, RIGHT, YEAH.
SO DO WE, IS THERE ANYTHING ELSE THAT YOU GUYS WANT TO ADD OR SEE? I DON'T HAVE ANYTHING ELSE.
SO BASED ON OUR, THE CONVERSATION AT THIS TABLE THIS EVENING, UM, WE'RE GOING TO MOVE FORWARD.
I DO, I NEED A MOTION FOR THIS TO MOVE FORWARD TO, UM, OUR RECOMMENDATIONS TO THE TOWN BOARD.
UM, AS NOTED, UH, ANNALISE HAS THAT FOR THE CRAFT BREWERY LAW, UH, CRAFT BREWERY AND WINERY LAW AMENDMENT.
UM, SO I MOVE THAT, UM, THIS BE SENT TO THE TOWN BOARD FOR WITH OUR RECOMMENDATIONS AS NOTED.
DAN, I'M SORRY, WERE YOU SAYING SOMETHING? SHE DOES SECOND.
FROM A PUBLIC STANDPOINT, JUST GO THE TOWN BOARD, TOWN BOARD AND DECIDE TO ENTERTAIN IT AND HAVE PUBLIC HEARINGS ET COMMENT.
AND WE'RE SENDING IT WITH THAT, WITH OUR REPORT, SUGGESTING THAT YES, THEY CHANGED THE LINK.
OUR NEXT CASE IS, UM, HILBERT COLLEGE.
ARE THEY HERE THIS EVENING? DID WE RECEIVE THE LIGHTING PLAN THAT WE REQUESTED FOR YOU LAST WEEK? WE DID.
IT WAS IN OUR PACKET LIGHTING PLAN, SOUND PLAN.
CHEERLEADING UNIFORMS FOR THOSE OF US WHO WANNA TRY OUT FOR THE FOOTBALL TEAM.
YEAH, I'M, I'M ERIC, ADAM QUA TALKERS.
THEN THE MIC WOULD BE HELPFUL SO WE CAN ALL HEAR YOU.
DE IS
I'M SORRY, YOUR NAME? OH, WE CAN'T SAY YOUR NAME AGAIN.
SO, UM, WE PREVIOUS PROVIDE DOCUMENTATION, BACKWARDS REQUESTS OF THE APPROVAL.
UM, I THINK WE PROVIDED EVERYTHING AND THE LAST PIECE THAT YOU MENTIONED, THE SOUND AND ALSO THE, UH, THE LIGHTING.
SO WE CAN SOME CALCULATIONS ON THAT FOR THE METRICS, AND I THINK WE'RE WITHIN LIMITATIONS FOR THAT FROM WHAT I REMEMBER.
SO, UM, I THINK THAT'S THE LAST PIECE OF THE M LOOKING FOR.
WAS THERE ANY OTHER QUESTION? UM, I, I, DOES ANYBODY ELSE HAVE ANY QUESTIONS? NOPE.
THAT WAS THE LAST THING WE WERE LOOKING FOR.
[02:35:02]
UM, SO WE NEED TO MAKE A SECRET DECISION, UM, THIS EVENING AND DECIDE RATHER TO DO A CONDITIONAL APPROVAL ON PHASE ONE, UM, BECAUSE THEN THEY'LL BRING PHASE TWO IN FRONT OF US.SO TONIGHT THE SEEKER WOULD BE ON THE ENTIRE PROJECT.
HOWEVER, UM, OUR VOTE WOULD JUST BE FOR PHASE ONE.
DOES THAT MAKE SENSE? SEEKER'S EITHER SITE PLAN IS PHASE ONE.
PHASE ONE SITE PLAN IS PHASE ONE.
I'M NOT QUITE SURE WHAT I'M SUPPOSED TO DO HERE.
PERHAPS SEEK RESOLUTION AND SITE PLAN APPROVAL RESOLUTION.
WHEREAS THE TOWN OF HAMBURG RECEIVED A SITE PLAN APPLICATION FROM HILBERT COLLEGE TO CONSTRUCT A NEW ATHLETIC FIELD TO BE LOCATED AT 5 2 0 0 SOUTH PARK AVENUE.
AND WHEREAS HAMBURG PLANNING BOARD HELD THE REQUIRED PUBLIC HEARINGS AND RECEIVED COMMENTS FROM THE PUBLIC, AND WHEREAS HAMBURG PLANNING BOARD IN ACCORDANCE WITH THE NEW YORK STATE ENVIRONMENTAL QUALITY REVIEW ACT HAS DONE A THOROUGH REVIEW OF THE PROJECT AND HAS POTENTIAL IMPACTS.
AND WHEREAS THE HAMBURG PLANNING BOARD IN ACCORDANCE WITH SEEKER HAS DETERMINED THAT THE PROPOSED SITE PLAN APPROVAL AND CONSTRUCTION OF THE ATHLETIC FIELD WILL NOT ADVERSELY AFFECT THE NATURAL RESOURCES OF THE STATE AND OR HEALTH SAFETY AND WELFARE OF THE PUBLIC, AND IS CONSISTENT WITH THE SOCIAL AND ECONOMIC CONSIDERATIONS.
NOW THEREFORE BE RESOLVED THAT THE TOWN OF HAMBURG PLANNING BOARD HEREBY DETERMINES THAT THE PROPOSED SITE PLAN APPROVAL AND CONSTRUCTION OF THE ATHLETIC FIELD IS NOT ANTICIPATED TO RESULT IN ANY SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACT.
AND THEN THE NEGATIVE DECLARATION IS HEREBY ISSUED AND THE PLANNING BOARD CHAIRMAN IS AUTHORIZED TO SIGN THE EAF, WHICH WILL ACT AS THE NEGATIVE DECLARATION.
SO, SECONDING THAT AYE, ALL IN FAVOR? AYE.
SO THE PSYCH PLAN, UM, APPROVAL HAS BEEN, UM, THE SECRETS APPROVAL SEEKER, SORRY, SEEKER APPROVAL.
SO THE SECRET APPROVAL HAS BEEN, UM, HAS BEEN APPROVED BY THE BOARD.
SO NOW WE'RE DOING THE SITE PLAN.
KIMMY, DO YOU HAVE YOUR ENGINEERING LETTER DATE? YES.
UM, CAN I DO THAT ONE? YEAH, SURE.
UM, THE TOWN OF PLANNING, THE TOWN OF HAMBURG PLANNING BOARD HEREBY GRANTS SITE PLAN APPROVAL FOR HILBERT COLLEGE ATHLETIC FIELD PROJECTED PROJECT TO BE LOCATED AT 5 2 0 0 SOUTH PARK AVENUE FOR, WITH THE FOLLOWING CONDITIONS, APPROVAL IS CONTINGENT UPON THE ENGINEERING DEPARTMENT COMMENT LETTER DATED TWO 16 OF 24.
AND THERE ISN'T, SIDEWALKS ARE NOT WARRANTED AND THERE AREN'T ANY OTHER, UM, CONDITIONS.
SO THAT'S, WE, SIDEWALKS ARE NOT WARRANTED BECAUSE THEY EXIST.
SIDEWALKS ARE NOT WARRANTED BECAUSE THEY'RE WITHIN THE FACILITY OF THE CAMPUS AND THE PROJECT NEXT DOOR TO THEM WILL BE DOING THE SIDEWALKS ON SELLS.
AND SOUTH PARK, THE, THE PROJECT THAT WE JUST APPROVED PRIOR TO THIS, SINATRA'S DOING THE SIDEWALKS ON SOUTH PARK AND SELLS.
I, I WOULD MOVE THAT WE, WE SAY SIDEWALKS ARE NOT WARRANTED BECAUSE THIS SITE PLAN IS NOT A BUTT ANY STREET WHERE YOU'D PUT SIDEWALKS.
I JUST WANNA AND CONFORM WITH THE CHANGES WE WANTED TO MAKE TO OUR RECOMMENDATIONS ON THE SIDEWALKS.
SIDEWALKS ARE NOT WARRANTED SINCE NOT ABUTTING ANY MAIN STREETS.
OH, SINCE THEY'RE NOT, ALSO JUST CLARIFY THAT YOU'RE APPROVING PHASE ONE ONLY, RIGHT? WE DID THAT IN THE FIRST PART, BUT YEAH, I THINK THE ONLY SITE PLAN THAT WE HAVE IS PHASE ONE IS ONE, RIGHT? CORRECT.
THAT'S THE ONLY ONE WE HAVE, RIGHT? SO WE, SO SIDEWALKS ARE NOT WARRANTED SINCE THEY DO NOT ABUT THINGS ALONG STREETS.
PLEASE FOR TOWN, COUNTY, OR STATE.
UM, DO I HAVE A SECOND ON THAT? SECOND.
OKAY, OUR NEXT CASE IS, LET'S MAKE SURE WE'VE GOT THE RIGHT THING.
HERE IS, UM, DANO DEVELOPMENT REQUESTING PRELIMINARY PLAN APPROVAL FOR OUR 57 UNIT TOWN HOME SUBDIVISION
[02:40:01]
ON VACANT LAND WEST OF BRIARCLIFF DRIVE.UM, THERE'S BEEN A, QUITE A, QUITE A HISTORY ON THIS PARTICULAR, UM, SUBDIVISION, WHICH I DON'T, DON'T KNOW THAT WE'RE GONNA REALLY YEAH.
OH YEAH, SIX IS ROGERS ROAD IS NUMBER SEVEN.
SO WE NEED TO DO NUMBER SIX, WHICH IS THE 57 UNIT TOWNHOUSE.
THEY SAY THAT THEY'RE, SOMEONE LEAVES THIS HERE.
JOSH SAID THAT NUMBER SIX IS NOT GOING TO HAPPEN.
GREG SCHEME GOT, SO JOSH SENT THE WRONG LETTER.
I KNOW ON THE EMAIL HE SAID SIX, BUT SEVEN, SIX, THAT ONE OR THE OTHER ONE.
SO THE MIXED USE WAS ASKED TO BE CAPABLE.
SO YOU WANTED TO DO BOTH RESOLUTION TABLE RESEARCH.
WE, SO WE'RE DOING NUMBER SIX.
THE EMAIL THAT WE GOT TODAY WAS SENT WITH THE WRONG NUMBER.
NUMBER SEVEN, DTO DEVELOPMENT LLC ON ROGERS AND SOUTHWESTERN IS BEING TABLE.
SO RIGHT NOW OUR UH, PRESENTER IS MR. SEAN HOPKINS AND THIS IS FOR THE BRIARCLIFF DEVELOPMENT AND WE ARE SEEKING A, SHE'S, THEY ARE SEEKING A, UM, PRELIMINARY PLAN PROOF.
MEMBERS OF THE PLANNING BOARD, SEAN HOPKINS ON BEHALF OF THE APPLICANT DATE O DEVELOPMENT ALSO WITH ME IS DAVE BURKE, UM, OF THETO DEVELOPMENT.
AS THE CHAIRPERSON INDICATED IN THE INTRODUCTORY COMMENTS, THIS PROJECT HAS BEEN SUBJECT TO A VERY, VERY LENGTHY REVIEW GOING BACK MORE THAN FOUR YEARS.
UM, WHAT WE'RE CURRENTLY PRESENTING IS A TOWN HOME PROJECT WHICH IS SHOWN ON THE OVERHEAD CONSISTING WHAT YOU SAY THIS IS A CORRECT YEAH, CONSISTING OF 57 UNITS.
I THINK THE PEOPLE THAT WERE HERE THAT JUST LEFT THOUGHT WERE NOT DOING THIS ONE.
NO, I JUST CLARIFIED IT AND SAID WHAT WE'RE DOING.
YEAH, BUT CINDY, THE AGENDA THAT WE HAVE PRINTED HAS, THIS IS NUMBER SEVEN.
AND THE MIXED JUICE SAYS NUMBER SIX.
WELL I'VE GOT THE AGENDA HERE AND IT SAYS NUMBER SIX IS BRIAR THE AGENDA I'VE GOT.
SO I DON'T KNOW WHY THERE'S A DIFFERENT AGENDA.
I DON'T KNOW THE AGENDA I HAVEN'T PRINTED SAYS HAS THEM REVERSED.
SAYS THE ONE THAT I GRABBED OVER HERE HAS REVERSED YET.
WELL THIS IS THE ONE THAT WE WERE SENT.
SO NOW WHAT I YEAH, THE AGENDA.
HAS JOE MAKE A MOTION TO TABLE TO FIGURE THIS OUT? NO, WE'RE GONNA TABLE BOTH OUR PROJECTS BECAUSE SOMEONE GETS THE AGENDA NUMBER WRONG.
NO, WE'RE NOT GONNA TABLE, HANG ON A SECOND.
JOE, WHAT WOULD YOU THINK IS THE BEST WAY? WELL, THE ONE THAT WAS THE ONE THAT WAS PUBLISHED SHOWS, UM, ROGERS AT SIX AND THE BRIAR COLLISION SEVEN.
THAT WAS THE ONE THAT WAS GIVEN PUBLIC RELEASE.
SO DO I DO, SO I TABLE, SO I TABLE, SO I SHOULD TABLE THE NUMBER SEVEN, WHICH I THOUGHT ACCORDING TO MINE IS NUMBER SIX.
WHY? WHY ARE YOU, WHY ARE YOU TABLING IT? THAT'S WHY WELL NUMBER SEVEN IS BEING TABLED BECAUSE THERE'S UM, BASED ON WHAT WE CALL 'EM ROGERS AND BRIAN, WHICH WHICH LET'S, YEAH.
WHICH WE PROJECT WE LET'S JUST FOR CLARIFICATION, I WANNA SAY RIGHT NOW BE PUBLIC AGENDA.
YOU'RE LOOKING AT THE MEMO AND THERE IS AN ISSUE WITH THE MEMO, BUT THE PUBLIC AGENDA NUMBER SIX IS DATA.
THEY'RE BOTH DATA DEVELOPMENT.
NUMBER SIX IS SOUTHWESTERN AND ROGERS ROAD, WHICH IS THE MIXED USE DEVELOPMENT.
NUMBER SEVEN IS ALSO DTO AND THAT IS BRIAR CLIFF.
SO IF YOU'RE SAYING NUMBER SIX IS BEING TABLED, THEN WE ARE MOVING ON TO NUMBER SEVEN.
AND ARE EITHER OF THOSE PUBLICLY LISTED AS TABLED? NO.
I MEAN WEREN'T PUBLICLY LISTED.
AND WHICH ONE DID WE JUST ANNOUNCE WAS TABLED WHEN PEOPLE LEFT? WELL THE NUMBER, SO FOR CLARITY, CAN WE JUST USE THE STREET NAMES? OH SHOOT, SHOOT.
SOUTHWESTERN AND ROGERS IS BEING TABLED PRIOR TO GO SEE IF THERE'S ANY CLARIFI MIGHT RUN OUT THERE AND SEE IF THERE, I BELIEVE THAT PEOPLE HAVE LEFT OVER HERE WITH THE HO.
THAT'S WHAT I THOUGHT THEY WERE.
THAT'S WHAT I THOUGHT THEY WERE.
ANYONE I'VE EVER SEEN ON THIS? YEAH.
[02:45:01]
WE HERE FOR ROGERS.SO NUMBER SIX, WHAT NOW? NO, DAVE'S GONNA TALK TO THOSE PEOPLE SEPARATELY.
EXCEPT WHAT? JUST 'CAUSE THEY'RE HERE.
THAT'S ALL YOU'RE GONNA DO WHAT? I'M SORRY.
OUTSIDE THE MEETINGS, THEY'RE GOING TO SPEAK WITH THOSE RECORDS.
THAT IS APPROVED OR ABOUT THE ITEM THAT'S BEEN TABLED.
SO IS IT NUMBER SIX THEN OFFICIALLY BECAUSE IT WAS ON THE OFFICIAL AGENDA? CORRECT.
UM, SO WE'RE TABLING NUMBER SIX, DATE OF DEVELOPMENT LLC, UM, AT SOUTHWESTERN AND ROGERS ROAD BECAUSE IT IS A PART OF A PUD AND ACCORDING TO OUR CONSULTANTS, IT DID NOT MEET THE REQUIREMENTS OF THE PUD AND THEREFORE HAS TO GO BACK TO THE TOWN BOARD AND UM, SO THAT'S WHY IT'S BEING TABLED.
OKAY, CAN I ASK FOR CLARIFICATION ON WHAT THAT MEANS? YES.
WE'LL SEND IT BACK TO YOU, BUT RIGHT NOW THE INTERPRETATION IS IT'S NOT IN ACCORDANCE WITH THE PUD.
MAKE SURE YOU GO BACK TO THE TOWN BOARD.
PUD CALLS IT OLD TIME PLAZA, WHICH HAS A GASOLINE STATION AND A RETAIL PLAZA.
THIS IS A PROPOSAL FOR MIXED USE DEVELOPMENT.
KIND OF HARD TO STRETCH TO SAY THAT THE SAME THING.
I MEAN IT PROBABLY A BETTER PROJECT BUT I CAN'T COMMENT THE OLD, THE OLD BUD SHOWED THIS AS A GASOLINE STATION IN A RETAIL PLAZA.
SO CAN I ASK THAT IT BE REFERRED TO THE TOWN BOARD FOR THE TERMINATION ON THAT? SURE.
WE'RE WE'RE SENDING, WE'RE CHANGING IT BECAUSE WE THINK IT'S GOTTA GO DOWN BOARD AND SAY NO, THEY'LL SEND IT BACK TO YOU.
SO YOU GUYS ARE SENDING IT? YEAH, WE'RE WE'RE GONNA SEND IT TO THE TOWN BOARD.
SO YOU DON'T NEED US TO DO MAKE A MOTION FOR THAT? WE'RE JUST TABLING IT.
JUST TABLING IT BECAUSE YOU NEED INTERPRETATION FROM OR SENT BACK TO THE TOWN BOARD.
WE BELIEVE THE TOWN BOARD COULD ALWAYS SEND IT BACK TO YOU, BUT IT'S UP TO THEM.
SO IS THERE A MOTION TO APPROVE THE TABLING? OH I'M, I'LL MAKE A MOTION WE THAT WE TABLE SOUTHWESTERN AND ROGERS ROAD DEBT AND DEVELOPMENT UNTIL WE HEAR BACK FROM THE TOWN BOARD.
ALL THOSE IN FAVOR? I AYE NO OPPOSED? NO.
SO, OH, THAT'S SO MUCH FOR PAPERWORK.
UM, NOW WE'RE BACK TO DATA DEVELOPMENT REQUESTING A FLAT APPROVAL 4 57 UNIT TOWN HOME SUBDIVISION, UM, ON VACANT LAND WEST BRIARCLIFF.
SO GOOD EVENING ONCE AGAIN SEAN HOPKINS ON BEHALF OF THE APPLICANT.
ALSO WITH ME IS DAVID BURKE FROM DATA DEVELOPMENT.
THIS PERTAINS TO THE PROPOSED 57 UNIT TOWN HOME PROJECT LOCATED, UM, ON BRIARCLIFF.
SO THIS PROJECT HAS BEEN REVIEWED EXTENSIVELY OVER THE PA OVER THE COURSE OF THE PAST FOUR YEARS.
I DO WANT TO GIVE YOU A QUICK HISTORY.
WHAT WE'RE CURRENTLY SHOWING IS 57 ATTACHED MULTIFAMILY UNITS FOR SALE WITH FIVE ACRES OF PERMANENT SPACE.
THAT'S AFTER AN EXHAUSTIVE ANALYSIS OF THE PERMANENT OPEN SPACE REQUIREMENT FOR BOTH THIS SITE, WHAT WAS PREVIOUSLY CALLED THE OVERALL QUARRY DEVELOPMENT.
MANY OF YOU RECALL 'CAUSE YOU WERE INTRICATELY INVOLVED.
IN ADDITION TO THE NUMBER OF TOWN HOMES WE'RE ALSO SHOWING 159 PARKING SPACES, WHICH INCLUDES 45 VISITOR PARKING SPACES.
THIS SITE IS PROPERLY ZONED PUD PLAN DEVELOPMENT UNIT DISTRICT PURSUANT TO THE ZONING MAP.
UM, YOU LAST HELD A PUBLIC HEARING IN CONNECTION WITH THIS EXACT LAYOUT FOR PRELIMINARY PLAT DURING YOUR MEETING ON SEPTEMBER 6TH, 2023.
UM, YOU CLOSED THE PUBLIC HEARING AT THAT TIME FOR SEVERAL REASONS.
NUMBER ONE, YOU NEEDED TO ISSUE A SECRET DETERMINATION.
DETERMINATION PURSUANT TO THE STATE ENVIRONMENTAL COOPERATIVE REVIEW ACT.
AND SECONDLY, AS WE HAD DISCLOSED FOR MORE THAN A YEAR, WE NEEDED CERTAIN AREA VARIANCES FROM THE ZONING BOARD OF APPEALS.
THE ONLY REASON WE NEEDED THOSE AREA VARIANCES WAS THESE ARE UNITS FOR SALE RATHER LEASE, WHICH AGAIN, MR. BURKE ORIGINALLY PROPOSED UNITS FOR SALE RATHER LEASE BECAUSE HE KNEW THAT WOULD BE AT LEAST LESS OBJECTIONABLE TO THE SURROUNDING NEIGHBORHOOD BASED ON THE HISTORY OF THIS PROJECT SITE.
WELL, ON NOVEMBER 15TH OF LAST YEAR, AFTER THE COURSE OF WAY MORE THAN A DOZEN MEETINGS, YOU DID ISSUE A NEGATIVE DECLARATION PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT.
THAT'S AFTER CONDUCTING AN EXHAUSTIVE ENVIRONMENTAL ANALYSIS OF A WIDE ASSORTMENT OF IDENTIFIED IMPACTS, TRAFFIC, GREEN SPACE, COMMUNITY CHARACTER, ET CETERA, ET CETERA.
[02:50:01]
BECAUSE THAT WAS A PREREQUISITE FOR THE ISSUANCE OF ANY DECISION BY THE ZONING BOARD OF APPEALS ON JANUARY 2ND OF THIS YEAR, THE ZONING BOARD OF APPEALS DID ISSUE THE REQUESTED AREA VARIANCES.AGAIN, ATTRIBUTABLE SOLELY TO THE FACT THAT THESE ARE UNITS FOR SALE RATHER THAN UNITS FOR LEASE.
SO NOW WE'RE FINALLY AT THE POINT BASED ON THE SUBMISSION OF THE PRELIMINARY PLAT APPLICATION, FULLY ENGINEERED PLANS SUPPORTING TECHNICAL DOCUMENTATION THAT YOU CAN BE IN A POSITION TO ISSUE A DECISION ON THE PENDING REQUEST FOR PRELIMINARY PLAT RULE.
SO ALL WE'RE SIMPLY ASKING YOU TO DO THIS EVENING IS AUTHORIZED THE PLAN DEPARTMENT PREPARE A DRAFT RESOLUTION FOR YOUR CONSIDERATION DURING YOUR NEXT MEETING, RENTING PRELIMINARY PLAT APPROVAL, SUBJECT TO APPROPRIATE CONDITIONS.
IF ANY QUESTIONS ABOUT THE LAYOUT ITSELF OR THE VERY LENGTHY HISTORY THAT RESULTED IN US BEING HERE THIS EVENING, UM, EITHER MYSELF OR MR. BURKE WOULD WELCOME THE OPPORTUNITY TO ADDRESS THEM.
PLANNING DEPARTMENT, DO YOU HAVE ANYTHING TO ADD? NO, WE DON'T.
DO WE HAVE ANYTHING TO ADD? NOTHING THAT BOARD MEMBERS, DON'T EVERYBODY TALK AT ONCE.
UM, OKAY, SO WE NOW HAVE TO SCHEDULE ANOTHER PUBLIC HEARING? NOPE, NO CLOSED.
AUTHORIZED THE PLANNING DEPARTMENT TO PREPARE UP A DRAFT APPROVAL RESOLUTION.
UM, I GUESS I CAN'T COUNT ON MY NOTES,
UM, OKAY, SO WE NEED TO AUTHORIZE THE PLANNING DEPARTMENT TO, UM, DRAFT THE PREPARE DRAFT, PREPARE THE DRAFTS, DRAFT RESOLUTION.
AND THEN, THEN WE CAN HAVE THEM BACK ON MARCH 6TH.
SO THAT WILL GIVE US, DO WE HAVE ROOM ON THE SCHEDULE? GIVE US ANY DIRECTION ON ANY CONDITIONS YOU WOULD WANT.
UM, WE'LL BE WAVING SIDEWALKS.
WELL, THE SIDEWALKS WE SAW, BUT THERE'S NO SIDEWALKS PROPOSED DOWN ON BROADER.
BUT, UM, ANYTHING ELSE YOU WOULD CONSIDER, REMEMBER THIS IS PRELIMINARY PLAT.
IF THEY GET PRELIMINARY PLAT APPROVAL, BASICALLY THEN THEY JUST WORK WITH ENGINEERING TO WORK OUT ALL THE FINAL DETAILS, ALL THE REGULATORY APPROVALS.
AND THEN IF THE PLAN IS IDENTICAL TO WHAT YOU APPROVE, THEY SIGN OFF AND THE PLAT IS FILED.
UM, JUST LET YOU KNOW, PROCESS.
IF THE PLAN HAS CHANGED BETWEEN PRELIMINARY AND FINAL PROOF BECAUSE OF AN ENGINEERING ISSUE, IT WILL COME BACK TO YOU FOR FINAL CLIMATE PROOF.
SO JUST SO YOU UNDERSTAND PROCESS, YOU KNOW, GO, I DON'T THINK THAT THERE WAS ANYTHING ON THIS PROJECT THAT WE, I MEAN EVERYTHING WAS DISCUSSED AND REVIEWED PRETTY EXTENSIVELY AND WE COVERED IT ALL BACK IN DECEMBER.
AND LOOKING AT THE MINUTES, I DIDN'T SEE ANYTHING THAT JUMPED OUT AT ME FROM THE PAST.
IF YOU THINK OF ANYTHING BETWEEN NOW AND NEXT WEEK, JUST EMAIL US.
I THINK OUR, OUR SEEKER REVIEW WAS VERY EXTENSIVE.
RIGHT? AND YEAH, I'LL LOOK BACK AT OUR SEEKER REVIEW.
I'LL LET YOU KNOW IF THERE'S ANY OTHER QUESTIONS.
YEAH, I I DON'T THINK THAT WE'VE, UH, I DON'T, I DON'T THINK THERE'S ANYTHING, SO I THINK WE'RE GOOD TO GO.
BY THE WAY, I DON'T WANNA BRING UP A SORT SUBJECT, BUT WAIT, HANG ON A SECOND.
WHAT? CAN WE ADJOURN? YEAH, NO, NO.
I KNOW, BUT LET ME JUST STICK TO MY PROCESS HERE BEFORE YOU BRING UP A SORE SUBJECT.
SO NOW THAT I'VE ORDERED THE RESOLUTIONS, DO WE NEED A MOTION? WE NEED A MOTION TO TABLE IT.
WHAT, WHAT DID YOU WANNA ADD DREW? JUST TO MAKE SURE ONE OF THE CONDITIONS HAVE TO BE ON SUBDIVISION APPROVAL IS, SORRY.
IT'S A VERY DELICATE ISSUE IS ARE YOU, YOU'RE NOT TAKING DEDICATION OF LAND.
SO ARE YOU'RE GONNA ASK FOUR A THOUSAND DOLLARS A LOT AS A RECREATION FEE OR WHATEVER.
BUT THAT IS YOUR DECISION UNDER THE SUBDIVISION.
BASICALLY THEY'RE NOT, WE ALREADY COVERED ALL THAT THAT WE HAVE.
THAT'S GONNA GO IN THE PRELIMINARY PLATFORM.
YES, BUT I THOUGHT BECAUSE WE HAVE FIVE ACRES OF OPEN SPACE.
WE ALREADY HAD THE THOUSAND DOLLARS IN THERE AT THE LAST, YOU WEREN'T HERE WHEN WE TALKED.
WE DID THE THOUSAND THAT TO THE TOWN BOARD, BUT BASICALLY IT'S YOUR DECISION.
YEAH, I SHOULD HAVE PUT THAT IN THERE.
UM, I WOULD ENTERTAIN A MOTION IF ANYONE WANTS TO, SO A MOTION TO TABLE, UH, BRIAR DATE DEVELOPMENT LLC TO MARCH 6TH AND AUTHORIZE THE
[02:55:01]
TOWN OF HAMBURG PLANNING CONSULTANTS TO HAVE DRAFT PRELIMINARY PLAT RESOLUTIONS AVAILABLE FOR THAT MEETING.SO IT'S BEEN MOVED BY MEMBER CLARK, SECOND BY, UM, MEMBER CHAPMAN.
CAN I PLEASE ASK A QUESTION? WE'VE BEEN HERE BEFORE AS WELL.
UM, YOU'RE SAYING THAT YOU HAD INCLUDED A THOUSAND DOLLARS IN THAT.
DO YOU HAVE MINUTES TO SHOW US THAT? AND I BEEN CHECKING ON YOUR MINUTES.
THEY WOULD BE ON THE, THEY WOULD BE THE SITE.
I DON'T THINK THEY'RE THERE YET.
BUT WHAT, WHAT MEETING DID YOU SAY THAT YOU APPROVED A THOUSAND DOLLARS? WELL, AT THIS ONE YOU WANT, WHY DON'T YOU CALL ME? I'LL CALL YOU.
YEAH, MAYBE IT WAS, IT WAS THE LAST TIME THAT THEY WERE HERE.
I DON'T HAVE, I DON'T HAVE ACCESS TO THE INTERNET.
MAYBE MAY NOT HAVE VOTED ON IT.
I THOUGHT THAT WE DISCUSSED IT.
YOU WILL HAVE TO DO IT AT PRELIMINARY FILE.
IT WILL BE OFFICIAL WHEN YOU MAKE THE PRELIMINARY FILE.
YOU DISCUSSED IT IS MY UNDERSTANDING FROM SARAH, BUT IT'LL BE OFFICIAL WHEN YOU APPROVE THE PRELIMINARY FILE, RIGHT? YES.
THAT'S, AND WE DISCUSSED IT AND I THINK IN THE DISCUSSION IT SEEMED HAVE TO BE OFFICIAL.
I DON'T THINK THERE WAS ANYBODY THAT IT WAS NOT A SECRET ISSUE.
MOTION TO APPROVE THE MINUTES OF FEBRUARY.
WERE THERE ANY CHANGES, UH, TO THE MINUTES? NONE.
THE MOTION TO APPROVE THE MINUTES FROM FEBRUARY 7TH.
OKAY, SO THE MOTION'S BEEN MADE FOR THE FEBRUARY 2ND MINUTES AND SECONDED BY MEMBER, UM, CHAPMAN.
ALL THOSE IN FAVOR? I SEE ONE ABSTENTION.
ONE ABSTENTION BY CAITLYN SHAMARA.
SECOND, IT'S MOVED TO SECOND MEETING.