[00:00:28]
REALLY PROUD OF MYSELF BECAUSE OF A COUPLE.
OKAY GUYS, ARE WE READY? READY.
LET'S GIVE MS. MARGO A MINUTE TO SIT DOWN TABLE.
SO I WAS VERY ARE YOU GONNA EAT THAT SALAD? ARE YOU GONNA EAT THAT SALAD IN THE TABLE? I KNOW THIS IS THE PROBLEM, RIGHT? YOU GONNA BE SECRETARY TONIGHT? OKAY.
YOU KEEP TELLING ME YOU'RE GETTING ME ONE.
I NEED, I DIDN'T GO GET ONE BECAUSE HEAR, HEAR
IT'S OUR BIRTHDAY AND WE CAN DO WHAT WE WANT TOMORROW.
OKAY, WE'LL GO AHEAD AND UM, START THE WORK SESSION.
IS EVERYBODY SETTLED IN ANNALISE? YOU MAY WANNA SWITCH SO I CAN, YOU'RE BLANKING.
WHAT WAS THAT? YOU'RE BLANK AND WHITE.
UM, SO CAN WE HAVE DATTO DEVELOPMENT, UM, REQUESTING A SKETCH PLAN DIRECTION OF A PROPOSAL TO CONSTRUCT A 44 UNIT TOWNHOUSE DEVELOPMENT? CAN EVERYBODY HEAR ME? AM I SPEAKING UP LOUD ENOUGH? OH, IT'S FINE.
UM, FOR RILEY BOULEVARD AND BAYVIEW ROAD, GOOD EVENING.
SEAN HOPKINS COUNTY, CAPTAIN OF THE APPLICANT.
DATE OF DEVELOPMENT ALSO WITH STATE MERCK
SO THE PROJECT SITE, AS YOU CAN SEE, IS LOCATED ON THE CORNER OF RILEY AND HAS 4.88 ACRES.
UH, WHAT WE'RE PROPOSING THERE IS 44 TOWNHOUSE UNITS AND THEY'RE TOWNHOUSE UNITS UNDER YOUR CODE, MEANING THEY'RE FOR SALE VERSUS THE LAYOUT SHOWS TEN TWO STORY FOUR UNIT BUILDING TWO, TWO STORY TWO UNIT BUILDINGS.
WE HAVE 109 PARKING SPACES, WHICH DOES INCLUDE ONE GARAGE SPACE PER UNIT.
UH, CHRIS PROVIDED MORE THAN 20,000 SQUARE FEET ONSITE RECREATIONAL AREA, WHICH EXCEEDS THE NUMBER OF 500 SQUARE FEET PER AREA PER UNIT.
IT'S ALSO IMPORTANT NOW THAT THIS SITE WAS ACTUALLY REZONED BY THE TOWN BOARD IN OCTOBER OF 2022 TO FROM NC TO NC.
AND IT ALLOWS US USE THE PROJECT, OBVIOUSLY WILL REQUIRE SITE PLAN APPROVAL AND THAT'S WHY WE'RE HERE THIS EVENING PRESENTING THE SKETCH PLAN.
THE COPY OF THE RESOLUTION THAT WAS ADOPTED BY THE TOWN BOARD ON OCTOBER 22ND, 2022.
IT'S ALSO IMPORTANT TO NOTE THAT THE TOWN BOARD DID ISSUE A NEGATIVE DECLARATION TO THE STATE ENVIRONMENTAL PLOT REVIEW ACT.
AND YOU ACTUALLY LAST REVIEWED THIS PROJECT BASED ON A VERY SIMILAR LAYOUT DURING YOUR MEETING ON JULY 20TH, 2022.
AND YOU RECOMMENDED APPROVAL BY THE TOWN BOARD.
SO ONE TOPIC THAT I WANNA BRING UP VERY BRIEFLY IS GIVEN THAT IT WAS A COORDINATED ENVIRONMENTAL REVIEW, GIVEN THAT THE TOWN BOARD DID ISSUE A NEGATIVE DECLARATION, I DON'T BELIEVE THAT SEEKER SHOULD BE REQUIRED AGAIN IN CONNECTION WITH THE SITE PLAN APPLICATION.
SO THAT'S BEEN CONSISTENT WITH PAST PRECEDENT.
SO IS IS EVERYONE OKAY WITH THAT? GO ON.
SO TOWNHOUSE, YOU KNOW, WE'VE DEALT WITH THIS TOPIC RELATIVELY RECENTLY ON ANOTHER PROJECT ADVANCED BY DATA DEVELOPMENT.
UH, THE TOWN OF HAMBURG HAS A VERY UNIQUE DEFINITION OF THE TERM TOWNHOUSE.
AND BASICALLY THESE UNITS, ONLY BECAUSE THEY'RE FOR SALE VERSUS FOR LEASE, REQUIRE THAT SEPARATE APPROVAL.
THERE ARE SOME SPECIAL REGULATIONS THAT APPLY PURSUANT TO SECTION TWO 80 DASH 2 83 OF THE ZONING CODE AND WE'LL ADDRESS THOSE CRITERIA IN CONNECTION WITH OUR SITE PLAN APPLICATION.
IT'S ALSO IMPORTANT TO NOTE THAT BECAUSE SOME OF THOSE CRITERIA ARE RATHER
[00:05:01]
STRANGE AND SOMEWHAT UNIQUE, THERE MAY BE A NEED FOR SOME VARIANCES FROM THE ZONING BOARD OF APPEALS, AGAIN, ONLY BECAUSE IT'S FOR SALE VERSUS FOR RENT.AND I'M NOT SURE WHY IF THE TOWN MAKES IT MORE DIFFICULT FOR SALE UNITS VERSUS FOR LEASE.
BUT IT IS WHAT IT'S NEXT SLIDE.
SO BASICALLY THAT'S IT IN TERMS OF THE SKETCH PLAN PRESENTATION.
WANNA DISCUSS NEXT STEPS, WHICH WE KNOW OBVIOUSLY WE NEED TO FILE A SITE PLAN APPLICATION, BUT I DID WANNA SEEK CONFIRMATION RELATIVE TO THE STATUS OF SEEKER.
AND THEN OF COURSE, EITHER MYSELF, MR. BUR OR MR. WOOD WOULD WELCOME THE OPPORTUNITY TO ADDRESS ANY QUESTIONS THAT ANY OF YOU MAY HAVE.
PLANNING DEPARTMENT, DO YOU HAVE ANYTHING TO OFFER AT THIS POINT? NO.
I WOULD SAY PROBABLY THAT THE SEEKER IS PROBABLY DOESN'T NEED TO BE DONE FOR THIS.
YOU'RE GONNA HAVE TO SPEAK UP.
SORRY, I DON'T, I, I, MY FIRST THOUGHT IS THAT WE PROBABLY DON'T NEED TO DO SEEKER ON THIS BECAUSE IT WAS DONE INJUNCTION WITH THE REZONE.
BUT WE CAN RESEARCH THAT FURTHER IF YOU WANT US TO.
ANYBODY HAVE ANY QUESTIONS? I HAVE A COUPLE.
UM, THERE IS NO LIGHT AT BERKELEY PLACE ON SORT OF BAYVIEW? CORRECT.
AND THEN THE NEXT PROPERTY GOING DOWN BAYVIEW, IS THAT WHERE THE SCHOOL WAS? I BELIEVE SO PROPERTY THERE, THE PROPERTY IN BETWEEN AND THEN THE SCHOOL.
I WAS THERE A TRAFFIC ANALYSIS DONE AS PART OF THE SECRET THAT THE TOWN BOARD DID FOR THE REZONING.
I DON'T BELIEVE THEY DID A SEPARATE TRAFFIC STUDY.
DAVE, DO YOU KNOW IT WAS ACTUALLY A THIRD PARTY THAT ADVANCED, THAT REZONING IN CONNECTION WITH THE AFFORDABLE HOUSING INITIATED THE RESOLVED.
AND I THINK AS PART OF THAT THEY WERE ASKED TO CONSIDER WHAT'S GONNA GO HERE.
SO IT IS IMPORTANT NOTE THIS IS ALLOWED THAT BASICALLY WE SHOWED THE TOWN BOARD AND YOU 2022.
ARE THERE ANY ADDITIONAL PERMISSIONS NEEDED FOR THE CURB CUTS? YEAH.
YEAH, WE'LL NEED THIS PORTION, WE'LL NEED COUNTY APPROVAL FOR THE CURB CUTS ON IN BAYVIEW.
AND THEN HOW MANY PARKING SPACES PER UNIT ARE THERE? YOU WANNA GO BACK JOSH? COUPLE.
WE HAVE 109 PARKING SPACES FOR 44 UNITS.
SO THAT'S LIKE, WE'RE MORE THAN TWO PER UNIT.
AND THAT'S NOT COUNTING THE GARAGE.
THE GARAGE THEN INCLUDES, SO THERE'S ONE INTERNAL PARKING SPACE AND ONE PLUS.
WHERE THERE'S THE GARAGE, A SPACE IN FRONT OF THE GARAGE AND THEN THERE'S SOME OTHER, AND YOU SEE THERE'S A COUPLE GROUPINGS OF VISITOR PARKING SPACES.
THE PREVIOUS PLAN HAD 44 UNITS AS WELL? I BELIEVE SO PREVIOUS THE OTHER HAD 46, I BELIEVE THAT
COULD I ASK A QUESTION? I, AND IF I CAN ASK MINE FIRST? OF COURSE.
UM, MY QUESTION IS WHY THREE ENTRANCES, TWO ON BAYVIEW AND ONE ON RILEY? MAINLY BECAUSE THE ONE, THE ONE CLOSEST TO RILEY, THAT ONE'S MAINLY THERE.
SO THAT IT'S NOT A DEAD END GOING TO THOSE TWO, TWO BUILDINGS THERE IN THE CORNER.
AND SO DOES IT MEET ALL THE, THE SETBACKS, THE DISTANCES FROM THE ROAD TO THE PARKING PLACES? I BELIEVE, I BELIEVE IT DOES.
CAN WE VERIFY THAT IN THE FU FOR THE FUTURE? YEAH, WE CAN DO THE MEASUREMENTS.
WE'LL HAVE A REAL SITE PLAN WHEN WE MAKE THE SITE PLAN APPLICATION.
THIS IS SAME, THE SAME CONCEPT WE DID FOR THE REBUILDS.
I, I'D JUST LIKE TO GET THE QUESTIONS OUT THERE WHILE I GOT 'EM ON MY SHEET.
'CAUSE I'M, YOU KNOW, UM, THE OTHER THING IS, I, I'M KIND OF CONCERNED ABOUT THE DENSITY TO BE HONEST WITH YOU.
IS THIS, I MEAN, IS THIS THE ABSOLUTE, HOW DID WE COME UP WITH THIS MANY? WELL WE DESIGNED IT BASED ON APPLICABLE SETBACK ET I THINK THAT
SO WE, WE SATISFIED EVERYTHING ELSE.
BUT YOU MENTIONED THAT YOU MAY NEED VARIANCES.
WELL, BECAUSE THERE'S SOME STRANGE PROVISIONS IN YOUR CODE IN TERMS OF LIKE LOT SIZES AND SETBACKS OF THIS KIND OF BIZARRE REQUIREMENTS.
LOT SIZE BEING JUST THE FOOTPRINT OF THE UNIT.
IF IT'S FOUR SEVEN AGAIN, DID YOU, WERE YOU ON THE BOARD WHEN WE DID THE ONE OVER BY THE RAILROAD, RIGHT? YES.
WELL YOU MAY NOT HAVE BEEN HERE WHEN WE WENT FROM THE CONDO TO THE FOR SALE UNIT.
THAT WAS LIKE, 'CAUSE THERE'S THE DISTANCE YARD AND IT HAS CERTAIN REQUIREMENTS 'CAUSE IT'S FOR SALE.
IT SAYS YOU HAVE TO HAVE PATIOS OF A CERTAIN SIZE.
BUT JUST IT'S VERY, THIS IS JUST FOR MY OWN.
OH, THEY DO HAVE, THEY DO HAVE BASEMENTS, CORRECT.
[00:10:01]
BOARD MEMBERS.AND THAT IS WHAT I WOULD KNOW.
AGAIN, I MEAN IF DAVE COULD DO WHAT HE WANTS TO DO, IDEALLY THESE WOULD ACTUALLY BE
BUT YOU KNOW, WE KNOW THERE'S A LOT OF OTHER PROJECTS THAT ARE UNITS RELEASED.
WE STILL THINK THERE'D BE DEMAND FOR IT.
BUT WE THINK A FOR SALE PROJECT IS BETTER RECEIVED BY THE COMMUNITY AT THIS LOCATION.
FOLLOW UP ON, UM, YOUR QUESTION ABOUT THE DENSITY.
YOU MENTIONED RECREATION SPACE.
UM, WITH REGARD TO THE RECREATIONAL SPACE, DID YOU INCLUDE THE STORM WATER MANAGEMENT AREAS AS PART OF THE RECREATIONAL CAPABILITIES? THOSE, THOSE HATCH THOSE TWO HATCH AREAS.
AND THE STORM WATERS SHOWN ALONG RILEY? WAIT, SAY THAT AGAIN? 'CAUSE YOU BOTH TALKED TO I CAN, I CAN SHOW YOU.
I THIS, SO WE WATCH RECREATION AREAS POINT.
SO THIS HERE, THIS HATCH HATCH IN AREA AND THIS HATCH AREA.
THAT'S WHAT WE COUNT AS RECREATION SPACE.
AND THE STORM WATER IS OVER HERE.
SO WHAT ARE YOU ENVISIONING FOR THE RECREATION SPACE? IT'S JUST OPEN, OPEN SPACE THAT THEY CAN DO, YOU KNOW, PASSIVE OR ACTIVE RECREATION? NO, NO.
LIKE PLANE ROUTE EQUIPMENT OR ANYTHING LIKE THAT.
IT'S, IT'S REQUIRED BY CONSIDERED RECREATION AND NOT JUST OPEN SPACE.
WE HAVE 500 SQUARE FEET PER UNIT THAT, THAT'S WHY WE SHOW IT.
IS THERE A DIFFERENCE BETWEEN CALLING SOMETHING RECREATION SPACE VERSUS OPEN SPACE? I DON'T THINK SO.
WELL, YOUR CODE DOESN'T HAVE A REQUIREMENT FOR OPEN SPACE.
IT HAS A, THE CODE REQUIRES RECREATION.
IT ALSO HAS A, ALSO HAS A LANDSCAPING REQUIRED COMMITTEE.
BUT DOES IT DEFINE WHAT THE RECREATION SPACE IS? NO.
IT'S CASE MAKING SPACES AND PASSIVE USUALLY APPLIES.
AND THE REASON WE'RE PROPOSING PASSIVE HERE IS THE BACK OF UNITS THAT WE'RE PROPOSING, YOU KNOW, SMALLER TOWN HOMES FOR SALE DOESN'T MEAN YOU WON'T HAVE SCHOOL AGE CHILDREN, BUT FEWER BARBECUE.
SO TO PUT A PLAYGROUND OR SOMETHING HERE, IT JUST MOST LIKELY WOULD BE, WELL I, I MEAN I THINK YOU COULD THINK BEYOND A PLAYGROUND, RIGHT? SHUFFLEBOARD YOU NEED SOMETHING.
PICKLEBALL, PICKLEBALL,
BUT I MEAN, SOMETHING THAT IT IS HELPS TO KIND OF, I MEAN IF YOU SEE A ELEMENT OF COMMUNITY, A GATHERING SPACE OF SOME SORT, YOU KNOW, THAT'S NOT JUST AN OPEN SPACE THAT NEEDS TO BE MAINTAINED ON THE GRASS.
LIKE A GAZEBO OR SOMETHING THAT YOU COULD HAVE LIKE SOMETHING PICNIC AREA.
YEAH, JUST AN OPEN AREA WHERE YOU CAN HAVE PICNIC BENCHES AND A COUPLE OF TABLES.
I MEAN, I THINK ONE OF THE THINGS ABOUT LIKE HAVING THESE TYPES OF DENSITY DEVELOPMENTS IS THAT YOU WOULD THINK THAT IT ALMOST LOOKS AS LIKE YOU COULD CREATE A SENSE OF COMMUNITY, BUT THERE'S NO COMMUNITY GATHERING SPACE THAT'S ASSOCIATED HERE.
SO REALLY YOU'RE JUST HAVING PEOPLE LIVING IN A, SO I'M THINKING MAYBE, AND AGAIN LET'S TAKE A LOOK AT THIS, BUT MAYBE A SMALL DOG PARK AREA.
IT'S A BENCHES PROBABLY A DOG PARK WOULD PROBABLY NOT BE A BAD IDEA HERE.
YOU'RE HAVE A HIGH PERCENTAGE PEOPLE THAT, YOU KNOW, COMMUNITY GUARD.
WELL LIKE, BUT I THINK THAT SHAARA QUESTION, PEOPLE AIN'T PASSED OUT ON THEIR TO CHA TO MEMBER CHIARA'S POINT.
I THINK THAT A COMMUNITY AREA, 'CAUSE I WAS AT ONE OF YOUR, I THINK IT WAS ONE OF YOUR, UM, APARTMENTS THAT THEY HAD A BACK PATIO AND THEY HAD A FIREPLACE AND A FIRE PIT AND DIFFERENT CHAIRS.
AND I THINK THAT'S, THAT WOULD HELP IN THIS.
I MEAN IT'S CAN'T BE A BASEBALL DIAMOND AND IT CAN'T BE A BIKE PATH AND IT CAN'T BE THIS AND IT CAN'T BE THAT.
MAYBE JUST A COMMUNITY AREA TO ENCOURAGE THAT FIRE.
COULD SOMETIMES INVITE, INVITE LATE NIGHT ACTIVITY.
SOMETIMES THAT'S A PROBLEM TOO.
I MEAN, I THINK IF YOU JUST HAVE SOME SORT OF COVERED SPACE WHERE YOU COULD HAVE UHHUH, YOU KNOW, A GATHERING THAT'S MORE THAN WHAT YOU COULD FIT AT YOUR DINING ROOM TABLE INSIDE ONE OF THE TOWN HOMES.
YOU KNOW, DOESN'T HAVE TO HAVE UTILITIES, DOESN'T HAVE TO INCUR A TON OF MAINTENANCE.
BUT SOMETHING THAT HAS AN ELEMENT TO HAVE SOME SORT OF COMMUNITY FEEL.
LIKE A
IT DON'T, IT DEFINITELY WON'T BE A SEPARATE COMMUNITY BUILDING.
NOT LIKE A CLUBHOUSE OR SOMETHING ALONG THOSE LINES.
BUT JUST SOMETHING WE, WE'VE BEEN TALKING, I HAVE NOTED THAT THERE ARE NO SIDEWALKS ON BAYVIEW AND I WOULD REQUEST SIDEWALKS ON BAYVIEW STORAGE.
WHAT WAS THAT? NO, SEAN ASKED IF THERE WAS, AND I SAID NO, THERE'S NOT.
BECAUSE THIS PART OF THE STORAGE PROJECT THAT'S JUST BELOW THAT.
SO WE'D WANNA PUT SIDEWALKS, ESPECIALLY BECAUSE THAT'S GETTING US CLOSER AND CLOSER TO THE SCHOOL.
AND WHILE THE PRIMARY DEMOGRAPHIC MAY NOT BE HOUSEHOLDS WITH KIDS, THAT IS GONNA CHANGE AND EVOLVE OVER TIME.
COULD BE START HOMES AND THEIR SCHOOLS WHERE THE ROAD, SO ON RILEY, ARE THERE THE SIDEWALKS ALREADY ON RILEY FROM THAT OTHER SUBDIVISION? NO.
I THINK, DO THEY, YOU GUYS WAVE THEM BECAUSE ON ON THEIR PLAN THEY SHOW THE SIDEWALK ENDING AT THE RIGHT.
[00:15:01]
WHERE CHRIS, I KNOW WE HAD A, I KNOW WE HAD A LOT OF DISCUSSION ABOUT IT.CHRIS POINTED TO HERE, YOU GUYS FOR THE STORAGE PROJECT.
YOU GUYS WAIVED THEM ON PRIOR, RIGHT? BABY? YES.
THEY WOULD BE THE ONLY SIDEWALKS ON RILEY.
I THINK IT'S PROBABLY WORTHWHILE AT A MINIMUM TO HAVE THEM FROM THE DRIVEWAY ON RILEY TO DO BAYVIEW.
BECAUSE IF PEOPLE ARE LIVING IN THOSE HOMES AND THEY'RE WALKING, EVEN IF IT'S OVER GRANDPARENTS WALKING TO SEE THEIR KIDS ON THE ATHLETIC FIELDS OR ANYTHING, THEY CAN THEN WALK FROM RILEY ON THE SIDEWALK AT THEIR DRIVEWAY ALL THE WAY AROUND BAYVIEW.
I WOULD AT A MINIMUM WANNA SEE HIM THERE BECAUSE THERE IS ALSO SCHOOL BUSES THAT ARE POTENTIALLY GONNA BE STOPPING.
WE FACTORED THAT INTO THE OTHER ONE, WHICH IS WHY THE SIDEWALKS EXTEND TO RILEY THAT WE NEED SOME SORT OF SOMETHING ON RILEY.
WHETHER THAT'S A SCHOOL BUS, THE SENIOR BUS THAT COMES AROUND.
OTHER THINGS LIKE, YOU KNOW, IF THERE'S A MOTHER
DOES ANYBODY ELSE HAVE ANY IDEAS? SO I WAS SAYING FROM HERE, SO THERE'S THESE PEOPLE ARE COMING OUT.
BUT IF YOU AT LEAST HAD THEM HERE TO HERE THAT IF THESE PEOPLE AREN'T COMING OUT, THEY'RE NOT WALKING.
WE HAD INTERNAL WALKING PATHS TOO.
TRY TO
I THINK THAT, OH, I LIKE BOTH.
I THINK THAT'S WHAT PEOPLE ARE GONNA DO.
I THINK THEY, THEY'RE GONNA TAKE THE, I DON'T THINK THEY'RE GONNA GO THROUGH AROUND, I THINK THEY'RE GONNA GO THROUGH THE OTHER ENTRANCES.
ESPECIALLY IF THEY'RE GOING THAT, ESPECIALLY IF THEY HAVE THAT COMMUNITY.
THE OTHER, WE ALSO THOUGH NEED TO FIGURE OUT THOUGH THAT THE BUS WOULD STOP.
THAT WAS WHAT WE LEARNED WITH THE OTHER DEVELOPMENT.
BUT WE WOULD NEED TO CONFIRM THAT.
AND THAT WE WOULD NEED, IF PEOPLE NEED TO GET TO THE SCHOOL BUS, SOMETHING TO GET THEM TO RILEY, WHICH IS WHAT WE DID NEXT DOOR.
OH, THAT'S WHY THAT CONNECTION ENTERED, RIGHT? YES.
WELL THAT WE COULD SIDEWALK OUT RUNNING OUT TO RILEY.
SO THAT'S WHERE THE SCHOOL BUS PICK UP AND DROP OFF.
YEAH, BECAUSE THEY'RE NOT GONNA PICK 'EM UP ON BAYVIEW.
I WOULD THINK THAT'S LESS LIKELY SINCE THE MORE MAJOR STREET THAT THEY WOULD PUT THEM OUT ON.
I THINK THAT WAS THE DISCUSSION ON THE OTHER, ON THE OTHER ONE AS WELL.
THE SIDEWALK, THE SIDEWALK ALONG RILEY, BUT FRONT, NOT NECESSARILY THE ENTIRETY, BUT CONNECTING THE DRIVEWAY TO BAYVIEW.
TO BAYVIEW AND THEN ALONG BAYVIEW AS WELL.
SO AT LEAST LIKE THE CORNER, THERE'S FULL CONNECTION AND SAFE PASSAGE.
ANYBODY ELSE HAVE ANYTHING ELSE TO OFFER? DO YOU GUYS HAVE PRICE POINTS? ARE WE ALLOWED TO ASK THAT, DAVE? DO YOU KNOW WHAT APPROXIMATE PRICE POINT, UH, WE'RE GONNA HAVE GET THESE 300,000, WHICH IS A CHALLENGE NOWADAYS.
AND THAT IS ONE OF THE THINGS THAT ALSO IN TERMS OF THE DENSITY, YOU KNOW, HAVING A LITTLE BIT HIGHER DENSITY, AND AGAIN, I DON'T THINK THIS IS CRAZY.
HIGH DENSITY DOES ALLOW THE PRICE PER UNIT TO BE LESS DOES INFRASTRUCTURE.
INFRASTRUCTURE AND SPREADING OVER THAT.
I WAS JUST SAYING THERE'S EFFICIENCIES IN HAVING EVERYTHING SO CLOSE.
SO DO YOU WANNA COME BACK WITH, I THINK BEFORE CHRIS STARTS DOING SOME ENGINEERING? NO, I THINK BEFORE CHRIS STARTS DOING SOME ENGINEERING, IF WE COULD COME BACK IN TWO WEEKS OR WHATEVER, THREE WEEKS AND TAKE A LOOK AT THE INPUT WE RECEIVED IT.
PROBABLY A GOOD IDEA WHO'S DOING THE SCHEDULE.
SO BACK ON THE WORK SESSION OR ON THE REGULAR MEETING? I DON'T THINK IT MATTERS EITHER.
LET'S DO WORK SESSION
WE DON'T NEED TO READ REDO SECRET.
I MEAN, I THINK BASED ON PAST PRECEDENT WHERE THE TOWN BOARD HAS TAKEN THE LEAD ON REZONING, BECAUSE IT'S, IT'S NOT BEEN DONE.
SEAN, I'LL LOOK, WE'LL LOOK INTO THAT.
WE'LL HAVE AN ANSWER FOR THE TIME THAT THEY COME BACK AND WE'LL HAVE THAT CONFIRMED FOR YOU.
SO THAT, WHAT'S THE DATE ON THAT? THE 17TH? FIRST MAY 1ST.
I'M JUST GONNA ANNOUNCE THIS BEFORE I START THE MEETING.
FOR THOSE OF YOU WHO ARE HERE THIS EVENING, TABLED, IF YOU'RE HERE FOR ANY OF THE FOLLOWING CASES, THEY HAVE BEEN TABLED PER THE REQUEST OF THE APPLICANT.
AGAIN, THE FOLLOWING CASES HAVE BEEN TABLED, HAMBURG CROSSING, TABLED.
WE HAVE A DATE FROM WHEN THEY'RE COMING BACK.
ALCHEMY SHORES POSTPONED UNTIL MAY 1ST, ISN'T THERE HAMBURG? UM, BREWERY
[00:20:01]
IS TABLED INDEFINITELY.THEY WERE GONNA BE ON OUR WORK SESSION.
3 8 0 0 HOOVER AND 3 8 0 3 8 3 3 BAYVIEW ROAD ARE COMING BACK ON THE 1ST OF MAY.
YOU SAY HOOVER ROAD IS COMING BACK ON THE FIRST OR NO, LET'S NOT PUT THAT ON FOR FIRST.
I WOULD JUST WAIT UNTIL WE ASK FOR IT AGAIN.
AND THE, THE OFFICIAL MEETING WILL START AT, UM, SEVEN.
[00:30:22]
OKAY.[00:30:24]
UM, I'D LIKE TO OPEN THE, UM, TOWN OF HAMBURG PLANNING MEETING, BOARD MEETING FOR APRIL 17TH.ALL RISE FOR THE PLEDGE OF ALLEGIANCE, A PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.
AND TO THE REPUBLIC FOR WHICH IT STANDS.
ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE.
ANNALISE, WOULD YOU PLEASE CALL THE ROLL HERE? CA AND NIK? HERE.
PRESENT IS DENNIS CHAPMAN ON THE, UH, ZOOM YET.
SO DENNIS CHAPMAN IS ABSENT AND EXCUSED.
AND UM, OUR ATTORNEY THIS EVENING IS ON AVAILABLE VIA ZOOM.
AND WILL WE BE ABLE TO SEE HIM ON THE, I'M HERE IF YOU NEED ME.
OKAY, SO HE'LL BE TALKING TO YOU THEN DIRECTLY.
DO YOU HAVE THE CAMERA ON? IT'S ON, BUT WE HAVE, AND HE SENT UP TO PETER.
SO IT'S CONNECTED TO THIS ONE TO SHOW.
WELL, BUT ARE, ARE THEY ARE, IS THE PUBLIC VIEWING THE MEETING THAT'S ON FACEBOOK? YEAH, THEY CAN SEE IT ON FACEBOOK.
OH, IS IT? THEY'D RATHER SEE THAT ON FACEBOOK.
WHAT ARE THEY JOE? OR RIGHT NOW THEY'RE SEEING THIS.
THEY MIGHT RATHER SEE THEY'RE SEEING US, BUT WOULDN'T THEY RATHER SEE THE PLANTS? THAT'S, THAT WAS, NO, WOULDN'T RATHER SEE THE PLANTS I THINK.
NO, SHE JUST MEANT LIKE, IS THE CAMERA ON LIKE THE, OH, THE LIVE STREAM IS SHOWING WHAT'S HAPPENING.
OR IS THE CAMERA OFF? BECAUSE SHE SEES A LITTLE THING IN THE BOTTOM RIGHT NEXT TO THIS.
ZOOM IS FOR, THAT'S THE, SO IT MADE TWO ZOOMS. ONE FOR GENERAL PUBLIC TO PUT ON FACEBOOK AND THEN ONE SEPARATELY JUST JOE, THIS WOULD BE ONE.
SO DO WE WANNA PUT THE CAMERA TO THE DRAWING THEN? SO THAT, SO THE PEOPLE AT HOME COULD SEE THE, THE DRAWING? HOW'S THAT? I THINK THAT'S WHAT THEY WERE.
UM, SINCE WE OPENED THE MEETING, I WANNA ANNOUNCE AGAIN FOR THOSE WHO JUST CAME IN.
THERE ARE SEVERAL POSTPONEMENTS, UM, THAT HAVE BEEN MADE BASED ON THE APPLICANT'S REQUEST.
AND THE FOLLOWING CASES HAVE BEEN POSTPONED AGAIN, BASED ON THE APPLICANT'S REQUEST.
HAMBURG CROSSINGS, HAMBURG BREWERY, ALCHEMY HOOVER ON, UM, 3 3800 HOOVER AND, UM, 38 33 BAYVIEW.
THEY WILL NOT BE IN FRONT OF US THIS EVENING.
UM, HAMBURG CROSSINGS IS POSTPONED UNTIL MAY 15TH.
ALCHEMY IS POSTPONED UNTIL THE 1ST OF MAY.
HAMBURG BREWERY IS POSTPONED INDEFINITELY.
AND HOOVER, UM, FOR BOTH BAYVIEW AND HOOVER ROAD ARE POST INDEFINITELY UNTIL WE HEAR FROM THE FURTHER FROM THE APPLICANT.
SO OUR F THIS EVENING WE ARE GOING WITH OUR FIRST CASE, WHICH IS KENDEL PRINCE IS THE APPLICANT HERE.
KENDEL PRINCE IS REQUESTING A PRELIMINARY PLA APPROVAL FOR A TWO LOT SUBDIVISION LOCATED AT 6 8 2 0 BOSTON STATE ROAD.
AND YOU'VE GOT THE MIC IN FRONT OF YOU IF YOU'D LIKE TO, UH, STATE YOUR NAME AND YOU CAN ANNA PRINCE, YOU CAN MOVE THAT BIKE DOWN IF YOU WANT, SO IT'S NOT RIGHT IN YOUR FACE.
AND THESE ARE THE, UH, THE LOTS THAT I'M TALKING ABOUT.
CAN YOU JUST GIVE US AN UPDATE? IT'S BEEN A LITTLE WHILE.
UH, I BOUGHT THOSE TWO LOTS IN THE MIDDLE THERE.
WHEN I DID IT, I WAS NOT SURE IF I WANTED TO PUT MY HOUSE IN THE MIDDLE OF THE ENTIRE TWO LOTS OR JUST ON ONE OF THE LOTS.
I PUT THE HOUSE ON JUST ONE OF THE LOTS.
SO NOW I WANNA SEPARATE IT AND GO BACK TO WHERE THIS DRAWING IS, UH, WHICH LEAVES THE OTHER LOT FOR ME TO, WHETHER I SELL IT OR, YOU KNOW, GIVE IT AWAY TO ONE OF MY CHILDREN OR WHATEVER.
SO TONIGHT WE'RE GONNA HAVE A PUBLIC
[00:35:01]
HEARING FOR, UM, THIS, UH, PROJECT.A PUBLIC HEARING IS AN OPPORTUNITY FOR THE COMMUNITY TO SHARE INFORMATION ON HOW YOU ARE IMPACTED BY A PROJECT.
A THREE MINUTE RULE WILL APPLY DURING A PUBLIC HEARING TO ENSURE THAT ALL RESIDENTS ARE HEARD DURING A REASONABLE HOUR.
IT IS NOT A QUESTION AND ANSWER PERIOD.
ALL STATEMENTS MADE DURING A PUBLIC HEARING AS WELL AS WRITTEN COURSE DEPARTMENT ARE REVIEWED BY THE PLANNING BOARD AND THE APPLICANT AND ANY QUESTIONS WOULD BE RESPONDED TO AT THE NEXT MEETING.
SO IS THERE ANYONE AT, AT THIS TIME THAT WISHES TO MAKE COMMENT ON THIS CASE THAT'S IN THE THAT'S OKAY.
YOU WERE ON A ROLL NOTICE IS NOTICE IS HEREBY GIVEN THAT THE TOWN OF HAMBURG PLANNING BOARD WILL CONDUCT A PUBLIC HEARING ON A PROPOSAL BY KEN DEL PRINCE FOR A TWO LOT SUBDIVISION TO BE LOCATED AT 6 8 2 0 BOSTON STATE ROAD.
THE PUBLIC HEARING WILL BE HELD ON APRIL 17TH, 2024 AT 7:00 PM IN THE COURTROOM OF, OF HAMBURG TOWN HALL.
IS THERE ANYONE IN THE AUDIENCE THAT WISHES TO MAKE A STATEMENT IN REGARDS TO THIS PROJECT? THIRD AND FINAL CALLING.
IS THERE ANYONE HERE THAT WISHES TO MAKE COMMENT ON THIS PROJECT AT, UM, 6 8 2 0 BOSTON STATE ROAD? I'M SORRY.
UM, IN THAT CASE, I'M GOING TO CLOSE THE PUBLIC HEARING, OPEN IT UP TO THE PLANNING DEPARTMENT.
IS THERE ANYTHING ADDITIONAL THAT YOU NEED TO ADD AT THIS POINT? UH, NO.
DO YOU HAVE ANYTHING TO OFFER? NOPE.
JUST TO MAKE SURE THAT I'M UNDERSTANDING AND TO CLARIFY FOR EVERYBODY ONLINE, LOTS, TWO AND THREE ARE THE ONES THAT ARE BEING SUBDIVIDED AGAIN, CORRECT? THE TWO IN THE MIDDLE.
AND YOU'RE, YOU BUILT ON LOT THREE AND LOT TWO IS GONNA BE THE ONE THAT IS SUBDIVIDED UNDEVELOPED.
CORRECT? I JUST WANNA MAKE SURE THAT WHEN WE DO DO THIS, WE MAKE SURE THAT OUR RESOLUTION, EVERYTHING IS VERY CLEAR ABOUT WHICH OF THESE LOTS ARE, BECAUSE WE DON'T, I DON'T KNOW THAT WE HAVE A, A CLEAR JUST ONLY OF THOSE TWO LOT THAT'S GOT ALL FOUR LOTS ON THE DRAWING.
HOW DO WE IDENTIFY THOSE TWO LOTS? JOSH? WE'VE BEEN NUMBERED ON THE PLAN.
ANYTHING ELSE? SO WE HAVE TO DO, WE, THERE'S NO COORDINATED REVIEW ON THIS, BUT WE DO HAVE TO DO SEEKER I THE PART YOU WANT ME TO READ THAT? OKAY.
IN ACCORDANCE WITH THE NEW YORK STATE SEEKER LAW, THE TOWN OF HAMBURG PLANNING BOARD HAS REVIEWED THE TWO LOTS SUBDIVISION PROPOSED BY KENDALE PRINCE TO BE LOCATED AT 6 8 2 0 BOSTON STATE ROAD.
BASED ON THE PRELIMINARY PLA REVIEW OF THE SUBMITTED MATERIALS AND INPUT FROM OTHER DEPARTMENTS AND ACKNOWLEDGING THAT THE PROJECT LIES WITHIN A CEA, THE PLANNING BOARD IS DETERMINED THAT THE PROPOSED SUBDIVISION IS NOT ANTICIPATED TO RESULT IN ANY SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACT.
AND THAT A NEGATIVE DECLARATION IS HEREBY ISSUED AND THE PLANNING BOARD CHAIR IS AUTHORIZED TO SIGN THE EAF, WHICH ACTS AS A NEGATIVE DECLARATION, THE PRELIMINARY PLAT APPROVAL HEREBY.
SO WE NEED TO VOTE ON THAT FIRST.
CAN I ASK ONE CLARIFYING DOC QUESTION ON THE SEEKER IN THE DOCUMENTS, WE ARE SHOWING A 60 FOOT EXCLUSION AREA TO BE PROTECTIVE OF THE CRITICAL ENVIRONMENTAL AREA.
IS THE CRITICAL ENVIRONMENTAL AREA A HUNDRED FEET OR 50 FEET HERE? I THOUGHT IT WAS A HUNDRED AND I WAS TRYING TO GO BACK VISIT THE WEBSITE AND IT'S NOT, IT'S CRITICAL ENVIRONMENTAL.
I JUST WANNA MAKE SURE THAT WE HAVE THE, THAT THE DISTANCE THAT WE'RE ASKING FOR AND AND THAT'S IN THE SEEKER IS THE SAME AS WHAT IT IS FOR 18 MILE ME UP TOO.
IT YES, THAT'S, THAT'S WHY I ASKED.
[00:40:01]
CAN YOU GET INTO IT? CAN'T GET INTO IT.JOSH, CAN YOU GET INTO IT? CAITLYN, WHAT'S YOUR QUESTION AGAIN, PLEASE? I JUST WANNA CLARIFY.
SO IN THE PART TWO THREE OF THE E-A-F-S-E-I-F MM-HMM
WE HAD IDENTIFIED THAT ONE OF THE MITIGANTS WAS A 60 FOOT BUFFER FROM THE CREEK.
AND MY ONLY COMMENT WAS GONNA BE THAT I, I 60 FEET JUST DIDN'T SOUND RIGHT TO ME FOR THE DEPTH OF THE CRITICAL ENVIRONMENTAL AREA.
AND MY RECOMMENDATION WOULD BE THAT WE SHOULD MAKE THAT.
UM, AND THAT'S ON THE LAST PAGE.
UH OH, THAT'S ON PART TWO THREE.
THE OTHER FILE MAYBE THAT WE MAKE THAT MATCH WHAT THE ACTUAL CRITICAL ENVIRONMENTAL AREAS BECAUSE WE WOULD NOT BE ALLOWED TO BUILD OR DEVELOP IN THAT AREA BASED ON THE RESTRICTIONS.
AND THE, I THOUGHT LAST TIME WE HAD DISCUSSIONS ABOUT 60 P, BUT I THINK THAT WAS A DIFFERENT SUBDIVISION.
I THINK THAT WAS A, THAT WASN'T A CRITICAL AREA.
I MEAN, WE COULD REWORD IT TO, TO BE INSTEAD OF 60 FEET TO BE THE SAME AS THE CRITICAL ENVIRONMENTAL AREA.
I DON'T KNOW WHY IT'S NOT SHOWING.
I MEAN, DOES ANYBODY FUNDAMENTALLY OPPOSED TO MAKING SURE THAT THE, THE CONSERVATION RESTRICTED AREA IS THE SAME AS WHAT THE CRITICAL ENVIRONMENTAL AREAS? NO, I THINK THAT'S, UM, IT MIGHT BE THE CRITICAL ENVIRONMENTAL AREA MIGHT BE LESS THAN 60 FEET THOUGH.
THAT'S WHY I WAS LOOKING TO SEE WHAT IT WAS.
WELL, TO BE AT LEAST 60 OR GREATER.
WE DEALT WITH THIS SIDE OF THE CRITICAL ENVIRONMENTAL AREA, WHICH AREA EVER IS GREATER.
WITH THAT YOU ARE GONNA ADD THAT.
SO RIGHT NOW IT SAYS 60 FOOT CONSERVATION EASEMENT, LEONA, YOU DON'T KNOW WHAT THE DISTANCE IS FOR THE 18 MILE CREEK CRITICAL ENVIRONMENTAL AREAS.
I THOUGHT IT WAS A HUNDRED FEET AS WELL SINCE WE USED IT.
WHAT DO YOU WANNA DO? SINCE WE CAN'T GET IN.
DO YOU WANT TO SAY THE MATCH 60 FEET OR MATCH IT, WHICHEVER IS GREATER 60 FOOT CONSERVATION EASEMENT OR MATCH THE CRITICAL ENVIRONMENTAL AREA.
WHICHEVER OR THE CONSERVATION EASEMENT SHOULD MATCH THE CRITICAL ENVIRONMENTAL AREA OF 60 FEET OR MORE? NO, NO LESS THAN 60 FEET.
SO AM I GONNA HAVE TO READ THIS NOW? BUT CAITLYN, IS THAT PART OF THE SECRET? IT WAS IN THE, IT WAS PART IN, IT WAS PART OF THE ACTUAL DOCUMENT THAT WE WERE GONNA SIGN.
SO I JUST WANTED TO MAKE SURE THAT WE WERE CLEAR ON WHAT WAS IN WHAT CINDY'S GONNA SIGN SO THAT IT MATCHED WHEN WE VOTED.
DOES CINDY HAVE TO READ THE YEAH.
SO WHAT DID YOU WRITE SO I COULD MATCH IT? NO, I THINK IT JUST NEEDS TO GO HERE FOR THE SEEKER.
I THINK IT JUST NEEDS TO GO IN THERE, BUT THEN WE'LL NEED TO ADD IT INTO THAT'S WHAT I'M DOING.
SO CONSERVATION EASEMENT SHOULD MATCH CRITICAL 60 FEET OR THE CRITICAL ENVIRONMENTAL AREA, WHICHEVER SHOULD MATCH CRITICAL ENVIRONMENTAL AREA.
WE KNOW HOW WELL I DO WITH THESE.
I JUST DUNNO WHY THE WEBSITE'S NOT OPENING.
WELL, THERE'S NOT A LOT WORKING ON HERE AGAIN, BUT NO.
BANDWIDTH FOR ALL THE ZOOMS. I'M SORRY.
SO MUCH BANDWIDTH FOR ALL THE ZOOMS. YEAH.
UM, BUT I HAVEN'T READ THIS YET.
YOU, WE HAVE TO VOTE ON SECRET.
BUT I ALSO WANT THAT SAME LANGUAGE TO BE IN PART THREE OF THE SECRET THAT THAT'S THERE.
SO YOU'VE GOT THAT FOR THE MINUTES.
WHAT WE'RE PUTTING, WHAT'S GONNA BE REDONE IN SEEKER, UM, THE CONSERVATION EASEMENT SHOULD MATCH THE CRITICAL ENVIRONMENTAL AREA, NOT LESS THAN 60 FEET.
SO, UM, SO WE NEED TO VOTE ON SEEKER FIRST.
DO YOU NEED A MOTION? WE NEED A SECOND.
[00:45:01]
I MADE A MOTION.I SECOND THE EMO MOTION MADE BY CHAIR.
OKAY, SO THE MOTION'S BEEN MADE.
ANY OPPOSED? SO SEEKER PASSES AND NOW WE'RE DOING THE PRELIMINARY PLAT APPROVAL.
THE HAMBURG PLANNING BOARD HEREBY GRANTS PRELIMINARY PLAT APPROVAL FOR THE KENDELL PRINCES TWO LOT SUBDIVISION AND THE, WITH THE FOLLOWING CONDITIONS AND WAIVERS, THE INS INSTALLATIONS, THE INSTALLATION OF SIDEWALKS IS NOT WARRANTED.
THE 60, THE CONSERVATION EASEMENT SHOULD MATCH THE CRITICAL ENVIRONMENT AREA, NOT LESS THAN 60 FEET FROM THE TOP OF THE BANK OF 18 MILE CREEK IS TO BE SHOWN ON THE FINAL PLAT.
THE CONSERVATION EASEMENT SHALL BE REVIEWED AND APPROVED BY THE TOWN ATTORNEY.
A FINAL PLAT SHALL BE PREPARED AND THE FILING OF THE MAT COVER SHALL BE REQUIRED.
FOR CLARIFICATION, DO WE NEED THE CONSERVATION EASEMENT TO BE APPROVED BY THE TOWN ATTORNEY? YES.
OR THE PLANNING BOARD? NO, TYPICALLY THE PLANNING BOARD ATTORNEY.
OH, SO PLANNING BOARD ATTORNEY.
AND WHAT WAS THE, WHAT WAS THE QUESTION? I WAS STILL LOOKING UP, UH, THE, TRYING TO GET TO THE DEEC SITE ON THE, THE EXACT, CAN YOU HEAR ME? SHE'S BUSY.
UM, SO THE, SO THE UM, CORRECTION FOR NUMBER THREE IS THE CONSERVATION EASEMENT SHALL BE REVIEWED AND APPROVED BY THE PLANNING BOARD ATTORNEY.
THOSE TYPING, WELL, JUST TYPING.
CAN YOU READ THE, THE ONE ABOUT THE CEA AGAIN, PLEASE.
IT DOESN'T SAY THAT IT'S REQUIRED, DOES IT? THE, IT SAYS THE CONSERVATION EASEMENT WILL BE YEAH, I FEEL LIKE IT SHOULD BE MORE LIKE THE CONSERVATION EASEMENT SHALL BE, OR A CONSERVATION EASEMENT IS REQUIRED TO BE OR IS REQUIRED.
THE EASEMENT SHALL BE THE GREATER OF THE REQUIRED DISTANCE FROM THE CEA OR 60 P.
AND I DON'T KNOW WHAT THE
NO, I USED THE THING TO THE TOP OF THE BANK OF 18 MILE CREEK.
I KNOW, I KNOW, BUT I'M JUST WONDERING IF TOP OF THE BANK IS THE RIGHT MARKER.
BUT YOU DON'T HAVE TO GO DOWN THAT TOP BANK IS, IT'S THE ORDINARY HIGH WATERMARK.
IF THERE'S A BANK AND IT'S NOT A VEGETATED LINE OR SOMETHING WET AREA, IT'S UM RIGHT.
BUT 18 MILE CREEK, IT'S GONNA BE FROM THE BANK BECAUSE THE HIGH WATERMARK DOESN'T GO UP TO THE BANK.
AND THE REASON FOR THE CRITICAL ENVIRONMENTAL AREA IS TO PREVENT EROSION.
IT WOULD HAVE TO BE THE TOP OF THE BANK.
BECAUSE THE HIGH WATERMARK IS LIKE SUPER FAR FROM RIGHT.
THE TOP OF THE BANK, A CLIFF DEPENDS HOW BIG THE CLIFF IS.
AND THERE, THERE'S NOT A CLIP THERE.
SO THIS HERE HE'S ON TAYLOR ROAD BACK TOWARDS THE GOLF COURSE AREA.
SO THE CLIPS ARE MUCH FURTHER DOWN.
WE'RE AT THE OTHER SIDE OF 18 MILE CREEK.
SO IT'S, IT'S GONNA BE TOP OF, IT'LL BE THE ORDINARY HIGH WATER AND NOT THE RIGHT OVER THERE.
SO IS THE TOP OF THE BANK THE CORRECT, UM, VERBIAGE? THAT'S, THAT'S IT SHOULD, I MEAN IT SHOULD WORK.
SO YOU'RE, YOU'RE OKAY WITH OUR VERBIAGE? CAN YOU READ IT AGAIN? CERTAINLY PLEASE.
DO YOU HAVE IT TYPED UP IN WHAT WE WROTE FOR THE EASEMENT? UH, NUMBER TWO OR NUMBER THREE? NUMBER TWO, UH, CONSERVATION EASEMENT SHOULD MATCH THE CRITICAL ENVIRONMENTAL AREA NO LESS THAN 60 FEET FROM THE TOP OF THE BANK OF 18 MILE CREEK.
AND IT SHOULD BE SHOWN ON THE FINAL.
I THINK WE NEED TO START WITH A CONSERVATION EASEMENT SHALL BE REQUIRED.
I THINK IS REQUIRED, NOT IS REQUIRED.
NON EASEMENT IS REQUIRED AND YOU CAN GET INTO IT.
CONSERVATION EASEMENT IS REQUIRED, BUT YOU STILL NEED TO SAY AND SHOULD MATCH THE YES.
SHOULD MATCH THE CRITICAL SHELL MATCH, NOT SHOULD, YEP.
WILL BE THE GREATER OF 60 FEET OR THE EXTENT OF THE CRITICAL ENVIRONMENT.
WHAT DOES JOE HAVE TO OFFER? UH, HE SAID HE'S OKAY WITH
WE HAVE A MOTION ON THE TABLE.
CAN I HAVE A, A SECOND FOR THE FIRST MOTION? SECOND.
CAN I HAVE A, UM, A SECOND FOR THE REVISED MOTION? SECOND.
[00:50:01]
NOW CAN WE HAVE A VOTE? DON'T WE HAVE TO VOTE ON THE FIRST ONE BEFORE WE CAN? NO.WHERE'S DENNIS? WHEN WE NEED HIM IN POLAND? YEAH, HE'S IN POLAND RIGHT NOW.
UM, BUT BASICALLY MARGO MADE AN AMENDMENT, RIGHT? YES.
RIGHT? AND WE SECOND THE AMENDMENT.
KAITLYN DID DAN SECOND THE FIRST MOTION.
UM, TAMARA CHANGED, UH, UH, APPROVED THE SECOND MOTION.
YOU CAN GO HOME NOW AND CONGRATULATIONS.
I GONNA HEAR ANYTHING THEN, OR WE'LL GET YOU THE SPECIFICS.
WE'LL, WE'LL MAKE SURE YOU GET INVITED TO THE CHRISTMAS PARTY.
OUR SECOND CASE IS ERHARDT DEVELOPMENT GROUP REQUESTING, UM, PRELIMINARY PLA APPROVAL, UH, FOR LOT SUBDIVISION.
AND WHAT WE'RE DOING TONIGHT IS CLOSING THE PUBLIC HEARING, CORRECT? YEP.
WE HAD IT LAST MONTH AND THERE WAS NOT ENOUGH.
I WAS THE ONLY ONE IN THE ENTIRE, IT WAS A IT WAS A BIG MEETING.
YEAH, IT WAS, IT WAS, UH, I THINK I WON THE AWARD FOR THE FASTEST MEETING IN THE HISTORY OF, UH, TOMMY HAMBURG.
SO, UM, I'M GONNA CLOSE THE PUBLIC HEARING.
WELL DO I HAVE TO SEE IF THERE'S ANYBODY ELSE THAT BE, SO IS THERE ANYONE HERE THAT WANTS TO SPEAK AB ABOUT THE EARHART PUBLIC EARHART DEVELOPMENT GROUP AT, UM, FOR THE FOUR LOT SUBDIVISION LOCATED ON THE NORTH SIDE OF PLEASANT AVENUE? BUT WE DON'T HAVE TO READ THE PUBLIC HEARING NOTICE AGAIN, BUT I AM JUST GONNA SAY THAT THIS IS A PUBLIC HEARING.
THE THREE MINUTE RULE, UM, APPLIES.
SO IS THERE ANYONE HERE THAT WISHES TO MAKE A COMMENT, FINAL CALL? ANYONE HERE? NO ONE.
SO NOW I WILL CLOSE THE, UM, ERHARDT DEVELOPMENT GROUP, UM, PUBLIC HEARING AND WE ARE GOING ON TO APPROVING SEEKER.
CAN I ASK A QUESTION? YOU, YOU CERTAINLY CAN.
UM, WITH REGARD TO CONDITIONS BEFORE WE GET MIDWAY THROUGH.
HAVE WE TALKED ABOUT, UM, WITH REGARD TO THE PLAT APPROVAL? I KNOW UNDER SEEKER WE'RE REFERENCING WHAT WAS DONE PREVIOUSLY.
FOR THE CONDITIONS FOR THE PLAT APPROVAL, ARE WE GONNA PUT A CONSERVATION EASEMENT OR DEED RESTRICTION IN ANY WAY ON THE UNDEVELOPED AREAS OF THE SITE THAT THEY'VE AGREED TO STAY OUT TO DEED RESTRICT THEM FROM, FROM A HOMEOWNER COMING IN TO DEVELOP IN THOSE AREAS? WE SAID WE'D STAY OUT OF
SO YOU'RE COMFORTABLE WITH US PUTTING A DE UH, REQUESTING A DE RESTRICTION OR A CONSERVATION EASEMENT ON THE WETLAND AREAS? NO, NOT A CONSERVATION DEED RESTRICTION.
WE JUST WANNA MAKE SURE THAT THE INTENT HERE IN THIS REVIEW WAS SUCH THAT IT WAS CONSISTENT WITH THE PREVIOUS FINDINGS THAT SAID WE WOULDN'T DO ANY DEVELOPMENT THERE.
SO HOW DO, HOW DO WE THINK THAT WE'RE IN AGREEMENT WITH MAKING SURE THAT, WHAT'S THE APPROPRIATE INSTRUMENT FOR THAT? I MEAN, TO BE FAIR, THE GRADE IS PRETTY DRAMATIC.
WELL, YEAH, BUT I JUST WANNA MAKE SURE THAT WE CAPTURE THAT BECAUSE THAT WAS ONE OF THE THINGS WE HAD SAID BEFORE WHEN WE DID THE SEEKER AND THE RESOLUTION WAS THAT WE WERE RESTRICTING ANY DEVELOPMENT IN THE WETLAND AREAS.
YEAH, I MEAN YOU CAN PUT A DEED RESTRIC BUT REQUIRE DEED RESTRICTIONS.
STAY, HAVE THE WELL AREA DEVELOPMENT.
I THINK THAT, SO A DEED RESTRICTION INDICATING THERE'S TO BE NO DEVELOPMENT WITHIN THE REGULATED WETLAND AREAS.
I WOULD JUST SAY WETLAND AREAS NOT EVEN REGULATED.
'CAUSE THE REGULATIONS KEEP CHANGING.
SO THAT COULD CHANGE WITH TIME.
SO I WOULD JUST STAY WITHIN THE WETLAND AREAS.
OKAY, SO I'M JUST GONNA ASK FOR CLARIFICATION HERE.
UM, YOU MAY WANNA TALK TO JOE ABOUT THIS.
ASK HIM WHAT THE DIFFERENCE BETWEEN A CONSERVATION, UM, RESTRICTION AND A DEED RESTRICTION THAT'S, DOES ANYBODY CONSERVATION EASEMENT AND DEED CONSERVATION EASEMENT AND A DEED RESTRICTION, UM, THEY OPERATE KIND OF THE SAME AND THEY'RE BOTH COVENANTS, THEY'RE, THEY'RE EFFECTIVELY THE SAME.
I DUNNO IF YOU CAN HEAR ME PROPERTY, BUT, UH, UH, CONSERVATION EASEMENT IS FOR CONSERVATION PURPOSES AND LIKE ATTACHES TO THE DEED AND THEN MOVES WITH THE PROPERTY.
AND A DEED RESTRICTION OPERATES THE SAME WAY.
BUT IT WOULD BE LIKE YOU REWRITE THE LANGUAGE OF THE DEED AND AN EASEMENT, YOU NEED SOMEONE ELSE TO HOLD SO THEY CAN ENFORCE IT.
SO YOU NEED ON THE BODY, LIKE THE TOWN, THE DEED RESTRICTION, YOU MAY NOT NEED THE OTHER BODY AND THE DEED RESTRICTION WILL GO ALONG WITH THE PROPERTY.
SO TITLE, IF THEY DO A TITLE SEARCH AND THE CON AND THE CONSERVATION EASEMENT DOES NOT INVOLVE THE
[00:55:01]
TOWN TO MONITOR THAT, THAT'S BEING UPHELD.CONSERVATION EASEMENT DOES, BUT NOT A DEED RESTRICTION.
BUT THEY BOTH WOULD MOVE WITH THE PROPERTY EASEMENT SHOULDN'T TOO.
SO THE EASEMENT GETS ATTACHED TO THE DEED SO THE CODE ENFORCEMENT DEPARTMENT COULD FOLLOW UP.
SO IF, SO I BUY THIS PROPERTY AND I DECIDED I WANTED A, A SHED AT THE BOTTOM OF THE HILL IN THE WATER CODE ENFORCEMENT COULD COME AND SAY YOU WEREN'T ALLOWED TO BUILD THERE.
WHO, WHO, HOW DOES THAT WORK? WHOEVER AT THE TOWN IS DOING THE CHECKS.
IT COULD BE ANYONE AT THE TOWN, BUT IT WOULD BE PROBABLY CODE ENFORCE CODE ENFORCEMENT.
MOST LIKELY TO BE CODE ENFORCEMENT.
BUT, BUT IS THAT SOMETHING CODE ENFORCEMENT CAN FORM, WOULD CHECK THEY HAVE TO CHECK IT.
THEY COULD ONLY CHECK IT BUILDING PERMIT.
IF THERE'S THE ONLY TIME THEY WOULD BE THERE.
UNLESS THERE'S A NEIGHBOR COMPLAINT OR SOMETHING.
BUT LIKE, BUT IF THERE'S A DEED RESTRICTION, THIS GETS OLD AS MUCH OF TIMES THAT SOMEBODY WANTS TO COME IN, IT'S CODED.
SO IT'S, I WAS THE NEIGHBOR MARGOT PUT THE SHED IN.
I COULD CALL CODE ENFORCEMENT.
DO YOU CALL CODE ENFORCEMENT? YES.
FOR BOTH THE DEED RESTRICTION AND THE CONSERVATION EASEMENT.
SO, UM, FROM MY UNDERSTANDING, CODE ENFORCEMENT DOESN'T DO MUCH RESTRICTIONS.
THAT'S WHERE I'M COMING BACK BECAUSE WE HAVE SOME, WE NEED YOU.
AN EASEMENT COMES, AN EASEMENT COMES WITH AN ACTUAL DUTY TO CHECK.
THEY DON'T WANT ANY DEVELOPMENT IN THE
CONSERVATION EASEMENT TYPICALLY MEANS YOU'RE GRANTING IT TO SOMEONE.
FOR EXAMPLE, THE COUNTER TIMBER, A DECLARATION OF RESTRICTION.
IT JUST MEANS THEY VOLUNTARILY READ THE RESTRICT IT.
BUT THERE'S NOT A THIRD PARTY.
SO THAT'S WHERE YOUR, THAT'S WHERE YOUR QUESTION COMES IN THERE.
THE TOWN HAS THE DUTY AS THE THIRD PARTY TO CHECK ON IT.
IF THEY WANNA ENSURE THAT THERE'S NOTHING THAT THEY WANNA ENFORCE, THEY DON'T NECESSARILY, THE DEED RESTRICTION, THEY DON'T NECESSARILY, WELL THEY DON'T HAVE A DUTY, BUT THEY'RE BEING TERRIBLE EASEMENT HOLDER IF THEY'RE NOT CHECKING ON.
SO BY PLACING A DEED RESTRICTION MM-HMM
BUT THEY'RE, THEY'RE NOT THE SAME.
BUT THEY, WE, I SAID THEY'RE BOTH, THEY'RE BOTH RESTRICTIONS BUT THEY'RE NOT NECESSARILY THE SAME.
THE QUESTION IS, IS MY QUESTION IS, I'M SORRY, MY QUESTION IS, HOW IS IT ENFORCED? I MEAN, WE'RE GONNA DO THIS.
HOW IS IT 20 YEARS FROM NOW? NO.
THAT IT BE ENFORCED BY ANY AJO PROPERTY OR IF YOU WANT THE DECLARATION OF RESTRICTIONS TO BE ENFORCED BY THE COUNTER LANGUAGE, SAY THEY CAN BE A PART OF IT.
SO WE PUT THE DEED RESTRICTION.
IF WE PUT THE DEED RESTRICTION ON THERE AND DON'T MENTION THE TOWN.
CAN IT BE YOU WANNA MENTION THE TOWN SAY THAT IT'S ADDITION OF THE APPROVAL THE TOWN HAS TO ENFORCE BUT NOT THE OBLIGATION.
THAT'S WHAT I WAS, THAT'S WHAT I'M TRYING TO GET AT.
HOW, WHO'S GONNA ENFORCE IT? OKAY.
GIVING AN ACCOUNT BY DOING THAT, YOU'RE GIVING THE TOWN OF POWER.
DOES JOE THINK JOE SAID THE TOWN COULD ENFORCE IT EASIER TOO? WELL THEY COULD.
WELL WHEN YOU ASK WHAT'S THE DIFFERENCE BETWEEN THE CONSERVATION NEEDS AMOUNT, LEGAL RESTRICTIONS.
SO THEY ARE EFFECTIVELY THE SAME ON ITS FUNCTION SAYING YOUR ARE CORRECT CODE ENFORCEMENT DOES NOT ENFORCE DEED RESTRICTION UNLESS WE, HE SAID IT.
THEY'RE SAYING THAT CODE ENFORCEMENT DOESN'T REALLY CHECK ON DEED RESTRICTIONS.
BUT IF THE TOWN HAS THE ENFORCEMENT POWER, THEN WE'RE TRYING TO FIGURE OUT WHO IT IS.
IF IT'S NOT CODE ENFORCEMENT, 'CAUSE IT SHOULD BE CODE ENFORCEMENT.
SO UNLESS WE, YOU'RE LITERALLY CONVEYING A PROPERTY TO THE PARENT.
MM-HMM
HE SAID IF YOU WANT THE TIME TO ENFORCE, IT NEEDS TO BE A CONSERVATION.
AND THEY'RE TRYING TO SAY WHO, WHO CAN CHECK ON AND ENFORCE A DEED RESTRICTION, WHICH YOU JUST ANSWERED FOR US, ENFORCE BY ACCOUNT IF IT SAYS IT WAS A CONDITION OF AN APPROVAL.
SO WE COULD, WE COULD DO EITHER, I WOULD RATHER DO THE DEED RESTRICTION WITH THE STATEMENT THAT THE TOWN WOULD ENFORCE THAT I, IF THIS IS TO PROTECT A WETLAND, I WOULD GO FOR CONSERVATION, BEEN OVER A DEED RESTRICTION.
ALSO
SO FIVE, 10 YEARS FROM NOW, CODE ENFORCEMENT'S NOT GONNA KNOW THAT IF THEY, THAT THIS SPECIFIC CLAUSE IS IN THE CONDITION AND THEY'RE GONNA SAY WE DON'T DO ANYTHING WITH THE RESTRICTIONS.
THEY THEY TEND TO NOT, THEY PREFER NOT.
THEY SAY, YOU KNOW, CALL A REALTOR AND SHOULDN'T THEY NOT ALLOW BUILDING PERMIT ON A PORTION THAT HAS A DEED RESTRICTION? WELL THAT'S TRUE.
I MEAN IF THAT'S WHAT THEY'RE, THEY'RE GOING FOR.
I MEAN, BUT THEY ALSO MAY NOT, I DON'T KNOW, DID THEY PULL THAT UP? I JUST HEARD THEM SAY IF THERE'S A DEED RESTRICTION, LIKE YOU CALL SOMEONE TO FIND OUT ABOUT THE DEED RESTRICTION.
SO NORMALLY WE WOULD DO A DEED RESTRICTION THAT'S EVERY OTHER JOB REQUIRES BECAUSE THEY DON'T WANT, MOST MUNICIPALITIES DON'T WANT THE CONVEYANCE OF AN OWNERSHIP.
[01:00:03]
THE PROBLEM THAT I HAD WITH THE WHOLE THING IS THAT IF WE'RE GONNA, WE'RE THESE ARE JUST WORDS, WE JUST NEED THEM COURSE, BUT, AND YOU'RE LITERALLY TALKING ABOUT THIS AREA.IT'S SO MINUTE THAT THERE'LL BE THERE.
WELL BUT IT'S ALSO ON THE BACK OF THOSE OTHER PROPERTY.
YEAH, WE, IT'S NOT, IT'S ALL WETLAND.
THE GRADE IS REALLY HERE HIGH ON THIS PARCEL.
I WENT OUT AND BLOCKED IT WHEN THIS FIRST CAME IN FRONT OF US FOR THE OTHER DIVISION AND THERE'S A VERY STEEP GRADE.
'CAUSE IT WAS USED FOR FILL FROM THE TRAFFIC WHEN THE RUNABOUTS WENT IN.
AND SO THERE'S A BIG GRADE AND THEN OBVIOUSLY WATER GOES DOWNHILL.
WELL AND THERE IS, BUT WE JUST WANNA MAKE, THE OTHER THING I'D JUST BE CONCERNED ABOUT, ESPECIALLY I THINK WITH THE LOT FURTHEST TOWARDS THE VILLAGE, IS THAT YOU DON'T WANT SOMEBODY TO COME IN TO TRY AND LEVEL SOME OF THAT OUT TO BUILD SOMEWHERE ELSE WHEN THERE'S ALL THOSE WELLINGS ON IT.
I DON'T THINK THAT'S AS MUCH OF A CONCERN ON THE OTHER THREE.
ESPECIALLY THE, YOU KNOW, 'CAUSE THEY, SO IF THERE'S ANY BUILDING NEXT TO DOOR TO IT, THEN THEY WOULD LOOK AT THIS.
WOULD THIS GET LOOKED AT THAT THERE WAS A DEED RESTRICTION ON IT? NO, PROBABLY NOT.
SO TELL ME AGAIN WHY WE'RE HERE PUTTING A DEED RESTRICTION ON IT.
I AND I TEND TO FEEL LIKE WE OFTEN DO A LOT MORE CONSERVATION EASEMENTS THAN DEED RESTRICTIONS.
IT'S THEY BILL, DO YOU HAVE ANYTHING TO OFFER THAT ON THE DIFFERENCE BETWEEN THE TWO? NOPE.
YOU GUYS ARE HAVING A FUN TIME.
RECOMMEND CONSERVATION EASEMENT.
DEPENDS WHAT SIDE OF THIS YOU'RE GONNA FALL ON.
WE COULD, I DON'T KNOW IF WE MAKE A LOT OF ARGUMENTS ON EACH SIDE OF THIS, BUT, UM, I THINK THAT A CONSERVATION EASEMENT, IF YOU'RE TRYING TO PROTECT A WETLAND IS MORE OF THE MOVE.
BUT IT IS MORE WORK FOR THE TOWN WHICH YOU'RE ACTUALLY CONVEYING AN INTEREST IN A DEED RESTRICTION YOU'RE NOT.
BUT IT'S ALSO MORE PROTECTIVE AND IT'S NOT BURIED IN THE DEED LANGUAGE.
IT'S A SEPARATE THING THAT WHEN YOU PULL THE DEED, IT COMES UP WITH IT.
THEN I THINK THAT THE CONSERVATION EASEMENT SHOULD BE PUT ON THERE BASED ON THE ADVICE OF THE PLANNING BOARD ATTORNEY.
AND THEN IT'S GOING TO SERVE A PURPOSE FOR THE FUTURE.
WELL DE RESTRICTION WOULD TOO.
THE FILES, DID YOU GUYS DO THAT ON THE POSITION ON THIS PROPERTY? THINK IF YOU DIDN'T, IT WAS FILED.
I DON'T, I DON'T REMEMBER OFFHAND WHAT WE DID, BUT WE WOULD NEED PULL THE FILE UP.
THEY'RE BOTH EFFECTIVE, EFFECTIVE ON'S FILED CONSERVATION EASEMENT.
WHAT DOES IT SAY? SAID HEAD SAYS CONSERVATION EASEMENT TEXAS.
I MEAN WE'RE, I'M FINE CONSERVATION, I WOULD SAY THAT UP THE PROPERTY.
I WOULD SAY, I THINK WE WOULD'VE DONE A CONSERVATION EASEMENT IS MY
SO THE VERBIAGE WOULD BE FOR NUMBER FOUR WOULD BE CONSERVATION EASEMENT ON THE WETLAND AREAS WITH BUT WE DIDN'T DO THE YES, SO HE DIDN'T HAVE WETLANDS.
PROBABLY DID ON THE WETLANDS AREAS WAS INDEED RESOLUTION FROM THE 30.
IS IT IN THE SHAREPOINT SOMEWHERE? BECAUSE WE COULD LOOK AT THAT.
YOU COULD LOOK AT THAT RESOLUTION.
LET ME LOOK AT HAVE, HANG ON, HANG ON.
IT WAS, THERE WAS, YEAH, SO THE, UH, THE RESOLUTION FROM 2019, UM, IT'S BOTH SAY BOTH CONSIDERATION EASEMENTS AND DE RESTRICTIONS THAT MAKES STUFF SENSE.
SO CAN WE JUST COPY THAT AND PUT THAT INTO THIS RESOLUTION AND CARRY IT OVER? I THINK JUST CALL IT A CONSERVATION EASEMENT RATHER THAN BOTH.
I THINK WE SHOULD JUST DO THE ONE WANTED TO READ CONSERVATION EASEMENTS IN THE NAME OF THE TOWN OF LAND WORKSHOP.
FINALIZE THE COURTS WITH THE
I DON'T TRULY WANT THE PLAN TIME OF FINAL PLA.
YEAH, THIS IS WHAT I'M GONNA READ.
AND THAT'S GONNA BE NUMBER FOUR BUT WITHOUT ANDY RESTRICTIONS.
IS THERE? NO, 'CAUSE THERE'S THIS MINOR SUBDIVISION SO THERE'S NO FINAL PLA SO I WILL GET RID OF THIS LAST PIECE TOO BECAUSE THERE'S NO FINAL PLAT.
'CAUSE THIS IS A MINOR SUBDIVISION.
OKAY, HOW WAS A LONG DISCUSSION? GO TO GET THAT RESOLVED? OKAY, ARE WE READY? EVERYONE'S PLANNING? YEP.
SO I CAN, I CAN DO SEEKER PLEASANT VIEW U STATES NORTH SIDE OF PLEASANT AVENUE BETWEEN 3 6, 7 6 AND 5 4 1 PLEASANT AVENUE.
WHEREAS THE TOWN OF HAMBURG PLANNING DEPARTMENT RECEIVED A SUBDIVISION APPLICATION FROM ERHARDT
[01:05:01]
DEVELOPMENT GROUP INC.FOR THE CONSTRUCTION OF A FOUR LOT RESIDENTIAL SUBDIVISION TO BE LOCATED ON AN APPROXIMATELY 19.5 ACRE PARCEL ON THE NORTH SIDE OF PLEASANT AVENUE BETWEEN 3 6, 7 6 AND 5 4 1 PLEASANT AVENUE.
AND WHEREAS A 30 LOT SUBDIVISION WAS PREVIOUSLY PROPOSED ON THIS SITE AND A SEEKER COORDINATED REVIEW WAS COMPLETED AND A SEEKER NEGATIVE DECLARATION ISSUED.
AND WHEREAS THE TOWN OF HAMBURG PLANNING BOARD HELD THE REQUIRED PUBLIC HEARING ON APRIL 3RD, 2024 AND APRIL 17TH, 2024.
AND WHEREAS THE TOWN OF HAMBURG PLANNING BOARD HAS REVIEWED THE SCA OP SUBMITTED BY THE APPLICANT, RECEIVED INPUT FROM THE PUBLIC FROM THE PLANNING DEPARTMENT, REVIEWED THE SEEKER NEGATIVE DECLARATION MATERIALS FROM THE PREVIOUS PROJECT AND RECEIVED ADDITIONAL PROJECT INFORMATION SUBMITTED BY THE APPLICANT.
AND WHEREAS THE TOWN OF HAMBURG PLANNING BOARD HAS CONSIDERED THE TOWN OF HAMBURG'S ADOPTED COMPREHENSIVE PLAN AND REVIEWED THE TOWN CODE AND WHEREAS IN ACCORDANCE WITH PART 6 1 7 OF THE IMPLEMENTING REGULATIONS PERTAINING TO ARTICLE EIGHT, STATE ENVIRONMENTAL QUALITY REVIEW ACT, SEEKER OF THE ENVIRONMENTAL CONSERVATION LAW AND THE TOWN OF HAMBURG PLANNING BOARD HAS REVIEWED PART ONE OF THE SEAF AND HAS COMPLETED PART TWO AND THREE OF THE SEAF AND REVIEWED THE CRITERIA FOR DETERMINING SIGNIFICANCE IN ACCORDANCE WITH SECTION 6 1 7 0.7 OF SEEKER.
NOW THEREFORE BE IT RESOLVED THAT THE TOWN OF HAMBURG PLANNING BOARD HAS DETERMINED THAT THIS PROPOSED SMALLER PROJECT WILL NOT SUB SIGNIFICANTLY ADVERSELY AFFECT ITS NATURE.
ITS NATURAL RESOURCES OF THE STATE AND OR HEALTH SAFETY AND WELFARE OF THE PUBLIC.
AND IT'S, AND IS CONSISTENT WITH SOCIAL AND ECONOMIC CONSIDERATIONS AND THEREFORE ISSUES A NEGATIVE DECLARATION IN ACCORDANCE WITH SECTION 6 1 7 0.7 OF SEEKER AND BE IT FURTHER RESOLVED THAT THE TOWN OF HAMBURG PLANNING BOARD CHAIR IS AUTHORIZED TO SIGN THE SHORT ENVIRONMENTAL ASSESSMENT FORM SEAF PARTS ONE, TWO AND THREE, WHICH WILL ACT AS THE SEEKER NEGATIVE DECLARATION.
SO THERE'S A MOTION AND IS THERE A SECOND? SECOND.
ANY, ANY OPPOSED? NONE OPPOSED.
SO BEFORE YOU KEEP GOING, UM, IT'S NOT PRELIMINARY PLAT 'CAUSE IT'S A MINOR SUBDIVISION.
SO IT'LL BE A SUB MI MINOR SUBDIVISION APPROVAL.
AND THEN THE OTHER THING I JUST WANNA NOTE SINCE I HAVE IT IN FRONT OF ME IS THAT WHEN WE DID THE RESOLUTION BEFORE WE REQUIRED SIDEWALKS ALONG THE FRONTAGE AND ON PLEASANT AVENUE AND I WOULD SAY WE SHOULD PROBABLY CONTINUE TO REQUIRE SIDEWALKS.
I THINK WE DISCUSSED IT AND WE PUT PUT THAT THEY'RE NOT WARRANTED.
YEAH, BECAUSE WE, WE YOU GUYS WAITED TO PUT ALL ON THE, JUST ON THE STREET TOO.
WELL WE WERE REQUIRING THEM WHEN WE DID THIS IN BEFORE ON THIS PROPERTY.
YEAH, BUT WE DISCUSSED IT LAST TIME.
I THOUGHT IT WAS DOES EVERYBODY REMEMBER THAT WE DISCUSSED EVERYTHING WE DID? I NO, I I AGREE WE DISCUSSED IT, BUT I JUST, I'M JUST POINTING OUT THAT IN WELL, TIMES HAVE CHANGED AND THIS WAS GONNA, DON'T FORGET THIS WAS GONNA BE A BIGGER SUBDIVISION.
THIS IS ONLY GONNA BE FOUR LOCKS.
THAT'S GONNA BE TH THAT WAS GONNA BE 30.
CAN I, CAN, CAN I CONTINUE? I I THINK THAT'S IT.
I THINK IT'S JUST SO YOU'RE NOT DOING THE BOTTOM LINE AND YOU'RE NOT DOING D RESTRICTIONS? YES, MOM.
SO, UM, MINOR SUBDIVISION APPROVAL.
THE HAMBURG PLANNING BOARD AFTER REVIEWING THE PROJECT AGAINST THE REQUIREMENTS OF THE TOWN OF HAMBURG SUBDIVISION LAW AND GRANTING A SECRET NEGATIVE DECLARATION HEREBY GRANTS PRELIMINARY MINOR SUBDIVISION.
MINOR SUBDIVISION APPROVAL FOR THE PLEASANT VIEW ESTATES FOUR LOTS SUBDIVISION WITH THE FOLLOWING CONDITIONS.
ONE, THE INSTALLATION OF SIDEWALKS ARE NOT WARRANTED.
TWO, IT SHOULD BE NOTED ON THE PRELIMINARY PLAT, NO FINALS ON THE MINOR SUB PLAT MINOR, FINAL FINAL SITE.
WELL IT SAYS PRELIMINARY PLAT IS THE WAY IT'S WRITTEN.
IT SAYS PLAT NOT ON MY COPY, ON MY COPY IT SAYS THE SUBDIVISION BE NOTED ON THE PLAT.
WELL THAT NO FURTHER SUBDIVISIONS ALLOWED.
UM, IT SHALL BE NOTED THAT THE PLAT THAT NO FURTHER SUBDIVISION IS ALLOWED, THE FILING OF A MAT COVER IS REQUIRED, UM, IN THE ABOVE RESTRICTION NOTED
[01:10:01]
CONSERVATION EASEMENTS TO BE APPROVED BY THE TOWN OF HAMBURG.LEGAL DEPARTMENT IN THE NAME OF THE TOWN OF HAMBURG SHALL BE FINALIZED IN ACCORDANCE WITH THE PLANNING BOARD.
DIRECTION IS ILLUSTRATED IN THE PLAN.
IN THE PLAN AND PLACED ON THE PLAT.
IS THERE A SECOND? NO, SECOND.
NUMBER THREE, SUE HAMMER CROSSING.
SO NOT SO AGAIN, HAMMER CROSSING HAS BEEN TABLED AND WILL NOT BE BEFORE US THIS EVENING.
OUR NEXT CASE IS MATT, UH, JAWORSKI REQUESTING THE SITE PLAN APPROVAL OF A REVISED PROPOSAL TO CONSTRUCT A PUBLIC MINI STORAGE PROJECT AT 5 6 6 1 CAMP ROAD.
THIS IS ACTUALLY A, A NEW PROJECT.
HE CAME IN FRONT OF US BEFORE BUT NOW THIS HAS BEEN CHANGED.
SO GOOD EVENING ONCE AGAIN, SEAN HOPKINS ON BEHALF OF THE APPLICANT, MATT KY, WHO'S ALSO WITH ME AS WELL AS CHRIS WOOD, THE PROJECT ENGINEER.
IT'S ANOTHER PROJECT THAT YOU'VE SEEN PREVIOUSLY.
SITE ITSELF IS LOCATED AT 56 61 CAMP ROAD, WHICH IS HIGHLIGHTED IN BLUE.
UM, CURRENTLY ZONE COMMERCIAL.
SO WAY BACK IN NOVEMBER 1ST, 2022, AFTER A LENGTHY REVIEW PROCESS, THE ZONING BOARD OF APPEALS ISSUED A NEGATIVE DECLARATION PURSUANT TO SEEKER AND GRANTED A USE VARIANCE BECAUSE THIS USE IS NOT PERMITTED IN THE COMMERCIAL ZONING CLASSIFICATION.
SUBSEQUENTLY ON JANUARY 18TH, 2023, DUE GRANTED SITE PLAN APPROVAL, UH, WE WERE ABLE TO GET A NATIONWIDE PERMIT THAT SHOULD SAY ARMY CORPS OF ENGINEERS ON FEBRUARY 3RD, 2023.
AND THEN MOST RECENTLY ON JANUARY 3RD, 2024, YOU GRANTED A SIX MONTH SITE PLAN EXTENSION.
THIS IS THE PLAN THAT WE PRESENTED IN, RECEIVED APPROVAL FOR PREVIOUSLY AND YOU CAN SEE IT HAS THE MAIN BUILDING SHOULD COME IN OFF THE ROAD THERE.
AND THEN A SERIES OF LONGER SINGLE STORY, MANY STORAGE BUILDINGS.
THERE WAS A LOT OF DISCUSSION ABOUT WETLANDS AND PERMANENT OPEN SPACE AND ULTIMATELY WE AGREED BASED ON SOME INPUT FROM YOU, WE LIMITED THE WETLAND IMPACT TO LESS THAN ONE-TENTH OF AN ACRE.
THE NEW PLAN SHOWS, UM, YOU CAN SEE A LARGER THREE STORY, UM, CLIMATE CONTROLLED STORAGE BUILDING DIMENSIONS OF ONE 30 BY ONE 30.
UH, WE HAVE FILED A VARIANCE APPLICATION ONCE AGAIN, 'CAUSE UNFORTUNATELY UNDER YOUR CODE VARIANCES EXPIRED, IT DOES REQUIRE TWO AREA VARIANCES AS WELL.
UM, INCLUDING ONE FOR MEASUREMENT FROM A SELF STORAGE BUILDING TO A RESIDENTIAL DISTRICT.
THOSE RESIDENTIAL PARCELS ARE ACTUALLY ON SCREEN.
THERE'S NO RESIDENTIAL USES ANYWHERE NEARBY.
AND THEN FOR FRONT YARD SETBACK FROM THE STREET, I DO WANNA KNOW, THIS IS UNFORTUNATE FROM A TIMING PERSPECTIVE, BUT I'M GONNA APPROACH, WE RECENTLY HAVE HAD SOME ADDITIONAL COMMUNICATIONS WITH THE OT.
YOUR PLANNING DEPARTMENT STAFF WILL BE FAMILIAR WITH THESE TYPES OF DISCUSSIONS.
AND BASICALLY, EVEN THOUGH THIS PROJECT RECEIVED SITE PLAN APPROVAL 18 MONTHS AGO, THEY ARE ASKING THAT THE DRIVEWAY BE RELOCATED FROM HERE TO HERE.
AS YOU RECALL, AS PART OF YOUR APPROVAL, YOU ONLY WANT TO ONE DRIVEWAY ONTO CAMP ROAD.
SO WHAT WE'RE PROPOSING TO DO, AND THAT'S JUST LITERALLY A SKETCH OF IT, IS ULTIMATELY DOT IS GONNA PREVAIL.
WE'RE GONNA NEED TO MOVE THE DRIVEWAY TO HERE.
AND THEN WHAT WE'RE THINKING, WE THINK AESTHETICALLY IT WOULD BE BETTER TO ACTUALLY TAKE THAT THREE STORY BUILDING, PUT IT UP CLOSER TO THE ROAD AND GET RID OF THAT PARKING IN THE FRONT THAT'S TRIGGERING THE NEED FOR A VARIANCE.
THAT BUILDING ACTUALLY WILL LOOK NICER THAN THE REMAINDER OF THE BUILDINGS AND TO A LARGE DEGREE WOULD BLOCK THE VIEW SHED.
SO IT'S OF THE MORE TRADITIONAL SINGLE STORY, UM, MINI STORAGE BUILDINGS.
SO WE JUST SKETCHED THAT LITERALLY TODAY BASED ON THE INPUT WE RECEIVED FROM DOT, WE WANTED TO AT LEAST ADVANCE IT TO YOU AND SEE WHAT YOUR THOUGHTS WERE.
IF YOU THOUGHT IT WAS APPROPRIATE, CHRIS WOULD UPDATE THE PLAN.
WE'D COME BACK IN A COUPLE WEEKS.
BUT THAT'S BASICALLY, THIS IS THE PLAN WE FILE.
WHAT WE'RE SHOWING YOU ON THE SKETCH IS WHAT WE'D RATHER DO.
AND WE DO CONFIRM THAT WE'RE GONNA HAVE TO MOVE THAT DRIVEWAY OPPOSITE THE DRIVEWAY ON THE SIDE.
THIS PARTICULAR USE GENERATES BASICALLY NO TRAFFIC DURING PEAK PERIODS.
AS YOU KNOW, IF YOU DRIVE BY ANY OF THESE, ANYTIME OF THE DAY, YOU'RE NOT GONNA SEE A
[01:15:01]
LOT OF TRAFFIC.BUT NONETHELESS, WE WANNA GO FORWARD WITH THIS PROJECT.
WE RATHER HAVE ADDITIONAL DISCUSSIONS FROM D WITH DOT THAT CAN DRAG ON FOR MONTHS AS JOSH AND LISA, SARAH ARE FAMILIAR WITH.
UH, WE'D LIKE TO MOVE FORWARD.
JOSH, SEAN, I JUST HAVE ONE FOLLOW UP, ONE QUESTION.
DOES THAT REDUCE THE SIZE, THE NUMBER OF BUILDINGS THEN BASED ON NO, IT WOULD BE THE SAME.
WE, WE'D FILL THE OLD PLAN THAT WAS APPROVED PREVIOUSLY.
WE DID THE NEW PLAN EFFECT OF THESE THREE BUILDINGS.
WE WOULD JUST PUT THOSE THREE BACK THE WAY THEY WERE.
SO THAT THREE STORY BUILDING WOULD GO UP IN THE FRONT HERE.
SO THIS BUILDING WOULD BE REDUCED.
SO THAT BUILDING WOULD BE REDUCED.
THIS, THIS BUILDING WOULD BE REDUCED AND REPLACED BY THE THREE STORY BUILDING.
SEAN, ARE YOU SAYING THAT THE, THE DRIVEWAY WILL HAVE, WOULD HAVE TO BE PART OF THAT SUBDIVIDED LOT OTHER PARCEL? THEY'RE BE HERE, THEN WE HAVE TO CONNECT IT TO OUR, THE OTHER THING WOULD DO, IF YOU LOOK AT THAT PLAN, IF I CAN JUST COME BACK AND SHOW YOU.
SO KNOWING, REMEMBER THIS IS A FUTURE COMMERCIAL PARCEL, RIGHT? SO WE'RE GONNA HAVE TO HAVE ONE DRIVEWAY.
IF WE'RE GONNA DO THAT, WE'RE THINKING MAYBE JUST SQUARE THIS OFF TOO.
MAKE THAT A MORE DEVELOPABLE PARCEL.
SO YOU KNOW, WE'D BE SCALING THAT BACK A LITTLE BIT TOO.
AND I REALLY DO THINK THAT THREE STORY BUILDING ACTUALLY WOULD SERVE A MUCH BETTER FUNCTION THERE.
THE OTHER THING IS THE OFFICE IS IN INSIDE THE BUILDING RATHER THAN THAT BUILDING IN THE FRONT.
IT'S JUST, IT'S GONNA LOOK NICER AND AGAIN, IT'S GONNA SERVE BETTER SECURITY AND I THINK BETTER FOR THE VIEWSHED.
SEAN, FOR THE MINUTES, CAN YOU BE MORE SPECIFIC ABOUT WHAT YOU JUST SAID TO HER ABOUT SQUARING OFF SOMETHING? YEAH, SO WE WOULD SQUARE OFF THE COMMERCIAL PARCEL THAT'S AVAILABLE FOR FUTURE DEVELOPMENT.
THAT'S DENOTED AS PARCEL TWO ON THE MOST RECENT SITE PLAN DATED WHAT THE DATE IS, APRIL OF 2024.
SO THE PARCEL IS MORE OF A RECTANGLE RATHER THAN OKAY.
SO THAT YOU HAVE A RECTANGULAR OH, OKAY.
THERE'S A LITTLE, THERE'S A EIGHT AND A HALF BY, SO YOU'RE BASICALLY GONNA HAVE TO COME BACK TO US.
THEN WE WANNA SEE BEFORE CHRIS MAKES THAT CHANGE, WE WANNA SEE WHAT YOU THOUGHT.
AND AGAIN, WE JUST GOT THAT INPUT FROM DOT.
SO I THINK THE ALIGNMENT OF THE DRIVEWAYS MAKE WAS ONE IS ACTUALLY ONE OF MY COMMENTS.
EVEN THOUGH THERE'S LITTLE TO LITTLE TRAFFIC.
AND ALSO BEING ABLE TO HAVE PRESENCE ALONG CAMP ROAD WITH THE LARGER AND MASS OF A BUILDING WAS ANOTHER ONE OF MY COMMENTS IS GONNA HAVE, SO THAT IT'S MORE, YOU KNOW, YOU HAVE MORE OF LIKE AN ACTUAL PRESENCE ALONG VERSUS HAVING THINGS KINDA SHOVED BACK INTO.
AND THEN WILL THE THREE STORY BUILDING END UP HAVING, WILL THAT ALSO INCLUDE THE OFFICE? YEAH, YEAH.
YEAH, IT'S BETTER, MORE EFFICIENT.
AND FROM A SECURITY STANDPOINT, I THINK THAT THAT'S ALSO SMART AS WELL TOO.
UM, WHAT ABOUT A LENS BANG? OH YEAH, I WANT TO CONFIRM.
SO WE NEED A FRONT YARD PARKING SETBACK VARIANCE.
WHAT CHRIS IS SAYING IS WE WON'T ELIMINATE THAT PARKING, BUT IT'LL ALLOW US TO ACTUALLY MOVE THAT BUILDING BACK AND GET RID OF THE VARIANCE.
SO ONE OF THE TWO AREA VARIANCES WE CAN GET RID OF BY DOING THAT, WHICH I THINK THE ZONING BOARD WILL APPRECIATE.
AND, AND YOU'RE GOING TO THE ZONING BOARD ON MAY 7TH, CORRECT? YEAH.
SO WHAT ONE VARIANCE IS LEFT IF YOU GO LOOSE? SO THE ONLY AREA VARIANCE THAT WOULD BE LEFT IS A MEASUREMENT OF THIS BUILDING FROM A RESIDENTIAL DISTRICT.
THIS IS A RESIDENTIAL DISTRICT, BUT THE, IT'S THE USE IS WAY UP HERE IN NO, NO, THAT, THAT'S VACANT.
RIGHT, BUT IT'S OWN RESIDENTIAL.
IT WAS RESIDENTIAL IN THE RESIDENCE.
I KNOW, THAT'S WHAT I'M SAYING.
IT'S ONLY THIS VACANT PARCEL, WHICH AGAIN, FRONT ON SPREAD.
AND YOU NEED THE VARIANCE BECAUSE OF THE SIZE OF THE BUILDING THAT CLOSE TO THE NO, THEY NEED IT BECAUSE WE'RE WITHIN A HUNDRED FEET OF RESIDENTIAL DISTRICT.
AND YOU GUYS ARE, YOU SAID 50 54 0.10.
YOU DIDN'T GET THAT VARIANCE IN 22.
WELL, BUILDING DEPARTMENT DIDN'T WATCH THAT THE FIRST TIME AROUND.
REALLY DID, YEAH, BECAUSE IT GOES BEHIND, UH, YEAH, IF YOU PULL UP THE JOSH, CAN YOU PULL THAT HOLE? IF YOU SEE IT, YOU'LL, IT'S A BIG, BIG DEAD HOLE PIECE.
THEY'VE BEEN FILLING IT OVER THE YEARS, BUT 56 WAIT, HATS OFF TO JOSH TONIGHT FOR HANDLING THREE LAPTOPS AND CAMERA ZOOM AND CAMERA AND MULTIPLE, YEAH.
MULTITASKING AND MEMO TAKING AND, AND IPHONE.
SO IT GOES BEHIND THAT WHOLE BUILDING THERE, THE BUS NEWS DISTRIBUTION CENTER AND THE CHURCH AND EVERYTHING.
SO IT'S ACTUALLY HAVING ZERO IMPACT.
YEAH, THERE'S ZERO IMPACT ON USE.
GO GO TO THE AERIAL OR IF THERE WAS A HOUSE, THERE'S NO HOUSE ON THAT LOT, BUT NO, ISN'T IT? NO, IT'S THAT BIG VACANT PIECE, RIGHT? RIGHT.
RIGHT, RIGHT BELOW WHERE IT SAYS SCRANTON ROAD.
[01:20:01]
YEAH, YEAH, RIGHT THERE.THERE IS NO ACTUAL RESIDENTIAL USE THERE, BUT ITS OWN RESIDENTIAL DISTRICT.
SO I DON'T THINK THE ZONING BOARD'S GONNA A PROBLEM.
SO I MEAN IS DOES THE BOARD, AGAIN, YOU'LL HAVE TO SEE IT, BUT SEEM LIKE THAT CHANGES MAKE SENSE? I MEAN, OH, LANDSCAPING PLAN.
I MEAN, I THINK THE OVERALL, YEAH, WE, THE ORIENTATION WITH THE, WE HAVE A LANDSCAPE.
WELL, IT'S GONNA CHANGE NOW, RIGHT? IT GONNA CHANGE BECAUSE YOUR FENCE LINE AND YEAH.
SO WHEN WOULD YOU LIKE TO, DOES ANYBODY ELSE HAVE ANYTHING ELSE THAT THEY WOULD LIKE TO SEE? E EVO ELEVATION.
ELEVATION OF THE THREE STORY BUILDING, NOT EVOLUTION.
SORRY, LEMME, ARE THEY STATE S THERE SHOULD BE NO, THEY'RE THEY'RE FEDERAL WETLANDS.
UM, AND HOW BIG IS EACH OF, HOW BIG IS IT? ONE.
THE CLIMATE CONTROL BY ONE 30.
HOW IS THE BUILDING? I'M SORRY, HANG ON.
YEAH, SO I WANNA TALK ABOUT THE WETLAND FOR LITTLE LOT, UM, BECAUSE YOU GOT IT DOWN TO A 10TH OF AN ACRE LAST I THINK 0.0 4.0 3.06.
THAT MAKES ME FEEL A LITTLE BETTER.
UM, IT'S THIS LITTLE TRIANGLE HERE AND THIS LITTLE TRIANGLE HERE.
YEAH, IT'S JUST THE THEY'RE ON THERE ON THE TOP.
IN THE ARMY BEFORE MADE US GO THROUGH THE AVOIDANCE MINIMIZATION MITIGATION.
SO WE WENT, WE WENT THROUGH THEIR PROCESS.
AND THEY DON'T WANNA BE A THORN IN YOUR SIDE, BUT ALSO LIKE, WE'RE GONNA FILL A WETLAND FOR A MINI STORAGE BUILDING.
UM, BUT IT IS 0.06, WHICH IS FINE, BUT I DID, I WAS, YOU KNOW, DANGEROUS.
I DID SOME, I DID GOOGLE THE MATH AND SINCE 10TH OF AN ACRE IS 4,356 FEET.
UM, BUT EUROPE, 4.06, SO IT'S PRETTY MUCH LIKE HALF OF ONE OF THESE BUILDINGS.
KEEP IN MIND THESE, THE, THIS USED TO BE A JUNK YARD.
SO I'M NOT SAYING IT QUALITY AREN'T NECESSARILY SUPER QUALITY, HIGH QUALITY.
I'M NOT SAYING IT'S, IT'S QUALITY.
AND THE GOOD THING IS NOW THERE'S A GUARANTEE THAT REMAINDER OF THOSE WILDLANDS WILL NEVER BE DEVELOPED.
I MEAN, I CAN PROBABLY BE SOLD ON THIS.
ANYBODY ELSE? HOW IS THE ORIENTATION OF THE NEW BUILDING GOING TOWARD? SO YOU HAVE THE RENDERING, LIKE WHAT FRONT? I DON'T, I DON'T HAVE THE RENDERING IN FRONT OF ME, BUT THE, THE FRONT ELEVATOR'S GONNA HAVE THE TWO TOWERS SPACING CAMPER.
SO WHERE YOU HAVE LIKE THIS LITTLE DRIVE UP, THIS, THIS ELEVATION IS FACING CAMP ROAD HERE, I BELIEVE SO YEAH.
THE, THE, THE VESTIBULE YOU PROBABLY WOULDN'T NEED THE, BECAUSE IN THAT, UM, WE'RE GONNA ACTUALLY HAVE THE PEOPLE COME AROUND BACK SO YOU DON'T SEE, UH, LOADING, UNLOADING, UM, IN THE FRONT AREA.
SO EVERYTHING'S GONNA BE HIDDEN BEHIND, WHICH WOULD MAKE IT MORE APPEALING TO, TO, TO PEOPLE DRIVING BY.
UM, SO EVERYTHING'S GONNA BE LOADED AND UNLOADED IN THE BACK AND IT'S, YOU KNOW, YOU'RE NOT GONNA HAVE BIG TRUCKS OR UH, A U-HAUL SITTING OUT FRONT OR ANY, ANY WAY SHAPE OR FORM.
RIGHT? BECAUSE THAT'S WHERE THE, THAT'S WHERE THE OFFICE WILL BE IN THE FRONT, RIGHT? WE HAVE YOUR NAME.
THE OFFICE WILL BE IN THE FRONT.
SO IT'LL BE AN OFFICE ENTRANCE IN THE FRONT AND THAT'S IT.
THIS IS THE OFFICE ENTRANCE, RIGHT? THAT'S MATT JAW.
SO, SO THE BIG WELL DO YOU KNOW THAT FOR THE MINUTES? JUST THANK YOU.
BECAUSE THEN I GET YELLED AT BY THE SECRETARY WHO DOES THE MINUTES, SHE CALLS ME AT THREE IN THE MORNING AND ASKS ME WHO WAS THAT SPEAKING.
SO I'M JUST TRYING TO DO MY JOB.
ANYBODY ELSE HAVE ANYTHING ELSE? TWO.
UM, WHEN WOULD YOU LIKE TO COME BACK? WHEN DO YOU THINK YOU CAN BE READY? TWO WEEKS.
BECAUSE WE'RE GOING TO THE ZONING BOARD.
I KNOW CHRIS DIDN'T THINK TWO WEEKS.
YOU CAN'T WAIT TO COME BACK UNTIL AFTER YOU GO TO THE ZONING BOARD.
SO YOU HAVE YOUR APPROVALS TO COME FOR THE MIDDLE OF MAY.
WELL, BUT BECAUSE THE TWO WEEKS IS MAY 1ST, BUT WE'LL BE PRESENTING A PLAN AS THE ZONING BOARD THIS, AS LONG AS YOU'RE OKAY THAT THE PLAN WE'RE PRESENT THE ZONING BOARDS DIFFERENT THAN THIS PLAN.
I CAN NOT UPDATE JUST A SITE PLAN.
THEY'RE GOING SUBMIT SOMETHING AND THEN WE'RE GOING TO ASK TO CHANGE IT.
AND ZONING BOARD DOESN'T LIKE IT WHEN WE DO THAT.
OH, I THINK YOU SHOULD GO TO THE SO WHAT? COME TO US FIRST COME TO, THAT'S WHY THEY HAND US.
SO YOU WANNA, THAT'S WHY YOU WANNA BE BACK HERE ON THE FIRST.
ON THE WORK SESSION FOR THE REGULAR.
AND THEN I ALSO WANT TO CONFIRM WE DID UPDATE THE EAF.
I WANNA CONFIRM, EVERYONE AGREES THERE'S NO NEED FOR AN ADDITIONAL SECRET DETERMINATION.
AND BY THE WAY, THE ZONING BOARD WAS ALLEVIATED.
[01:25:01]
I THINK IT WOULD BE GOOD IF YOU COULD PUT IN JUST LIKE A LETTER THAT THE IMPERVIOUS SURFACE, ANY OF THOSE CHANGES AND JUST MAKE ANY COMPARISONS FOR THE FILE.I THINK THAT WOULD BE GOOD FOR US TO DOCUMENT, I THINK IMPERVIOUS SURFACE AND WETLAND IMPACTS.
JUST NOTE, IF THINGS DIDN'T CHANGE OR IF THEY DID, IF WE COULD JUST GET THOSE IN A COVER LETTER.
SO SEAN ASKED, PUT SOMETHING TOGETHER TOO.
SO YEAH, WETLAND IMPACTS HAVE AN INCREASE IN PER RESERVE PUT IN MM-HMM
ALL RIGHT GENTLEMEN, WE'LL SEE YOU BACK AT THE FIRST THEN.
WE DON'T NEED A MOTION, RIGHT? NO.
WOULD YOU, DO YOU WANT YOUR BEAUTIFUL DRAWING BACK? GO AHEAD.
BECAUSE I, I, YOU KNOW, I'LL FORGET WHAT I, CRYSTAL WILL FORGET WHAT HE TOLD US.
OUR FINAL CASE THIS EVENING IS DTO DEVELOPMENT REQUESTING AN AMENDMENT, WELL ACTUALLY REQUESTING A RECOMMENDATION FOR ROGERS ROAD AND SOUTHWESTERN BOULEVARD.
THIS PROJECT LAST APPEARED IN FRONT OF THE PLANNING BOARD ON APRIL OF 2023.
IT INVOLVES A CONS, UM, CONSTRUCTION OF A TWO STORY, A TWO FOUR STORY MIXED USE BUILDING AND A 3.8 ACRE SITE.
EACH BUILDING IS ANTICIPATED TO HAVE 13,295 SQUARE FEET OF COMMERCIAL SPACE ON THE FIRST FLOOR.
IS, AM I, AM I READING THE CORRECT INFORMATION HERE WITH THE SECOND, THIRD AND FOURTH FLOORS MAKING UP TO APARTMENTS, CORRECT? THAT'S CORRECT.
AND SO YOU'RE GONNA PRESENT THIS, THIS IS PART OF THE, UM, BRIARWOOD PUD? IT IS.
AND WE AND IT'S ZONE COMMERCIAL NO PD IT'S ALL P, SORRY.
AND UM, YOU WANT US TO, YOU'RE GONNA FILL US IN SO WE CAN MAKE A RECOMMENDATION TO THE PLANNING BOARD OR TO THE BUILDING BOARD.
WE'RE THE PLANNING BOARD SOUND BOARD.
ONCE AGAIN, I'LL BEHALF I'LL GET IT RIGHT.
THE APPLICANT DATA DEVELOPMENT ALSO WITH ME IS DAVE BURKE AND CHRIS WOOD, WHICH ARE THE C CONNECTION WITH THE PROPOSED MIXED USE PROJECT.
SO THE SITE ITSELF YOU'VE SEEN PREVIOUSLY, UM, IT CONSIST OF 3.87 ACRES ZONED PUD.
WHAT WE'RE PROPOSING HERE, AND I THINK YOU ACTUALLY FIRST SAW THE CONCEPT PLAN WAY BACK IN CONNECTION WITH PEOPLE H QS, TO SEE WHAT WOULD BE DEVELOPED HERE IS TWO FOUR STORY MIXED HUGE BUILDINGS CONSISTING OF 13,295 SQUARE FEET OF FIRST FLOOR COMMERCIAL SPACE, 30 UPPER FLOOR APARTMENTS.
WE ARE SHOWING A TOTAL OF 174 PARKING SPACES.
ONE OF THE QUESTIONS THAT CAME UP WHEN WE PRESENTED THIS PREVIOUSLY IS WE ARE SHOWING A DRIVEWAY UNDER ROGERS, BUT IT'S EMERGENCY ACCESS ONLY.
SO NO NEW DRIVEWAYS DIRECTLY FROM THE SITE ON EITHER SOUTHWESTERN OR ROGERS.
IT'S ALSO IMPORTANT NOTE THAT THIS IS SUBJECT TO THE FINDING STATEMENT ISSUED BY THE TOWN BOARD WAY BACK IN 1988.
A DOCUMENT THAT WE'VE REVISITED AGAIN, AGAIN, AGAIN.
THE PROJECT DOES REQUIRE A PD AMENDMENT.
SO ONE OF THE QUESTIONS THAT WAS RAISED PREVIOUSLY WAS WHETHER OR NOT THAT AWARDED A WORK SESSION THEN ON ITS MEETING ON MARCH 22ND.
AND THEY ULTIMATELY DECIDED A COUPLE THINGS.
NUMBER ONE, THAT IT WOULD REQUIRE A PD AMENDMENT PURSUANT TO THE ZONING CODE.
THEY ALSO DID SEEK LEAD AGENCY STATUS.
PURSUANT SEEKER REFER THE PROJECT TO THIS BOARD AND THAT'S WHY WE'RE BACK HERE AGAIN.
ULTIMATELY, IF THE TOWN BOARD APPROVES THE PUD AMENDMENT AFTER RECEIVING A RECOMMENDATION FROM THIS BOARD, WE'LL COME BACK IN FRONT OF YOU FOR SITE PLAN APPROVAL AS WELL.
IT IS IMPORTANT TO NOTE IN TERMS OF THE NUMBER OF PARKING SPACES WE'VE SUBMITTED.
A COMPREHENSIVE PARKING DEMAND ANALYSIS PREPARED BY BERO ASSOCIATES.
WE'RE SHOWING 174 SPACES AND THE PEAK PARKING DEMAND, WHICH WILL BE LIMITED TO SATURDAYS DURING THE CHRISTMAS HOLIDAY SHOPPING SEASON, WOULD BE 167 VEHICLES.
SO WE'RE QUITE COMFORTABLE THAT WE HAVE ADEQUATE NUMBER OF PARKING.
THE REASON OF COURSE WE DID THAT IS YOUR ZONING CODE DOES NOT HAVE A MINIMUM PARKING REQUIREMENT.
CAN I ASK A QUESTION ABOUT THAT? SURE.
BEFORE YOU GET TOO FAR, UM, WHEN YOU'RE SAYING THAT WE HIT THE 1 67, THE SHARED DEMAND IS WHAT MATTERS.
YOU WOULDN'T ADD JUST THE PEAK DEMAND BECAUSE FOR EXAMPLE, CORRECT.
THE RESIDENTIAL USERS ARE NOT GONNA BE PARKING AT THE SAME TIME AS THE OFFICE AND THE, SO IT'S THE SHARED DEMAND THAT COMES TO THE YEP.
AND THAT'S BASED ON THE INSTITUTE OF TRANSPORTATION ENGINEER MODEL.
IT'S USED NATIONWIDE FOR MIXED USE.
SO HOPING YOU'RE COMFORTABLE WITH THAT.
SO THIS IS THE PLAN THAT WAS PRESENTED PREVIOUSLY.
THE TOWN BOARD LOOKED AT AND DECIDED WHETHER OR NOT WE NEEDED A PD AMENDMENT.
REASON I WANTED TO PRESENT IT IS TO SHOW ACTUALLY WHAT WAS CONTEMPLATED THEN, BECAUSE WHAT WE THINK IS CONTEMPLATED NOW IS BETTER SHOWED A MIXED USE BUILDING THERE IN THE BACK CONVENIENCE STORE WITH THE FUELING
[01:30:01]
FACILITY AND A SPECIALTY RETAIL BUILDING, WHICH PROBABLY WOULD'VE BEEN A RESTAURANT.SO WE ACTUALLY THINK WE'RE PROPOSING NOW IN 2023 IS MUCH BETTER NOT INCLUDING A GAS STATION ON THE SITE, NOT INCLUDING A CONVENIENCE STORE AND DOING MORE HIGHER END AND HIGH QUALITY MIXED USE BUILDINGS.
PD AMENDMENT PROCESS SPECIFIED SECTION TWO 80 DASH 1 51 OF THE ZONING CODE.
AND BASICALLY AS EVERYONE KNOWS, THE LAYOUT BECOMES THE ZONING.
IT'S UNIQUE TO YOUR PD PROCESS.
SO WE'VE SPENT A LOT OF TIME IN TERMS OF THE LAYOUT.
WE'VE ACTUALLY DONE FULL ENGINEERED PLANS AND ENGINEER'S REPORT SWIFT, ET CETERA, ET CETERA.
SO IT'S THE EXACT SAME PROCESS.
YOU ISSUE A RECOMMENDATION TO THE TOWN BOARD.
TOWN BOARD HOLDS A PUBLIC HEARING, THEN ULTIMATELY THE TOWN BOARD WILL ISSUE DECISION ON WHETHER OR NOT TO PROVE THE PD AMENDMENT.
WE BELIEVE THAT THE TOWN BOARD WILL ULTIMATELY LOOK AT THIS FAVORABLY, BUT HOWEVER, THEY DID WANT US TO AMEND THE PUD BASED ON THE LENGTH OF TIME AND THE DISCREPANCY COMPARED TO THAT PLAN THAT WAS DONE MANY, MANY YEARS AGO.
ELEVATION PLAN OF THE BUILDINGS PREPARED BY DAVE SUTTON, HIS TEAM AT SUTTON ARCHITECTURE.
UH, YOU CAN SEE WE'RE GONNA HAVE NICE FIRST FLOOR COMMERCIAL SPACE WITH A LOT OF TRANSPARENCY AND THEN SOME DIVERSE ARTICULATION.
DIVERSE ARCHITECTURE ON THE SECOND, THIRD, AND FOURTH FLOORS.
UM, THAT'S NOT A FLAT BUILDING AND CALL INCLUDES SOME VERTICAL RELIEF AND HORIZONTAL RELIEF.
SO WE THINK BOTH THESE BUILDINGS WILL LOOK VERY NICE ON THIS PARTICULAR SITE.
AND THEN FINALLY, I WANT TO CONCLUDE WITH SEEKER, ALTHOUGH THE TALENT BOARD WILL BE THE LEAD AGENCY, IT'S IMPORTANT TO NOTE NUMBER ONE, THIS IS A TYPE ONE ACTION BECAUSE IT'S PART OF THE OVERALL PUD THAT WAS REVIEWED AS A TYPE ONE ACTION IN 1988.
IF YOU LOOK AT THE FINDING STATEMENT THAT WAS ISSUED BY THE TOWN BOARD IN 1988, WE'RE CONSISTENT WITH THE 11 SPECIFIC CRITERIA THAT WERE SET FORTH THEREIN.
AND MAKE SURE WE ADDRESS THAT IN WRITING.
'CAUSE YOU'VE ASKED FOR THAT CONNECTION WITH PREVIOUS PROJECTS.
WE HAVE SUBMITTED A TRAFFIC IMPACT REPORT PREPARED BY BRACE ASSOCIATES THAT'S ALSO BEEN REVIEWED BY DOT.
THERE ARE NO PROTECTED RESOURCES ON THE SITE IN TERMS OF ARCHEOLOGY, WETLANDS, ET CETERA, ET CETERA.
WE THINK WHAT WE'RE PROPOSING IS MUCH MORE CONSISTENT WITH COMMUNITY CHARACTER THAN WHAT WAS PREVIOUSLY PROPOSED, INCLUDING A CONVENIENCE STORE AND A FUELING FACILITY.
AND THEN ULTIMATELY WE'LL ALSO COMPLY WITH STORE WATER QUALITY AND STORE WATER QUANTITATIVE REQUIREMENTS VIA THE FULLY ENGINEERED PLANS THAT HAVE BEEN DONE.
AND OBVIOUSLY CAN BE IN THE ENGINEERING DEPARTMENT WILL VERIFY THIS.
SO ULTIMATELY WE THINK IT'S QUITE CLEAR THIS PROJECT WILL NOT RESULT IN ANY POTENTIALLY SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACTS.
BUT WITH ALL THAT BEING SAID, WE'RE ASKING TO CONSIDER IS A FAVORABLE RECOMMENDATION TO THE PLANNING BOARD ON THE PUD AMENDMENT ON THIS PROJECT THAT YOU'VE SEEN SEVERAL TIMES BEFORE.
AND OF COURSE, EITHER MYSELF, MR. BURKE OR MR. WOOD WOULD WELCOME THE OPPORTUNITY TO ANSWER ANY QUESTIONS THAT ANY OF YOU MAY HAVE.
DO YOU HAVE ANYTHING TO OFFER? UM, YOU SENT OUT THE COORDINATED REVIEW FOR THIS PROJECT TO ON BEHALF OF THE TOWN BOARD ON APRIL 15TH.
SO WE'LL BE MAKING COMMENTS FROM ALL THE AGENCIES.
DO YOU HAVE ANYTHING TO OFFER? NO.
BOARD MEMBERS, ONCE WE DO THIS PUD AMENDMENT, WHAT IS THEN NEXT? SO WE MAKE A RECOMMENDATION TO THE TOWN BOARD.
THE TOWN BOARD EITHER ACCEPTS IT.
SO OUR RECOMMENDATION HAS TO BE IF THIS IS WHAT WE WANT OR DO WE WANNA STICK WITH THE ORIGINAL 'CAUSE THIS IS A CHANGE.
OKAY, SO IT CHANGING FROM COMMERCIAL TO MIXED? NO, IT'S, IT'S STRAIGHT PUD TO PUDP.
BUT THE PUD WAS A GAS STATION AND A CONVENIENCE STORE COMMERCIAL.
AND THIS ONE IS WELL, AND, AND RESIDENTIAL BUILDINGS TOO.
SO IT WAS AN OLD TIMEY VILLAGE.
I DIDN'T REMEMBER THE RESIDENTIAL BEFORE.
CAN YOU GO BACK TO THAT PLEASE? JOSH? LET'S, LET'S EXPOSE THIS.
AND SO NOW, SO THE OLD TIME VILLAGE PLAN, I JUST WANT TO CLEAR WITH WHAT THIS WAS.
WHAT IT SHOWED WAS A MIXED USE BUILDING.
SO THE MIXED USE BUILDING WAS, THERE WAS A MIXED USE BUILDING.
BUT IT WAS A DIFFERENT SHAPE AND A DIFFERENT LOCATION.
A CONVENIENCE STORE WITH A GAS STATION AND THEN A RETAIL, WHAT WAS CALLED SPECIALTY RETAIL BUILDING WITH ABOUT 4,000 OR FIVE DOZEN SQUARE FEET.
THERE WAS PROBABLY GONNA BE A RESTROOM, BUT THAT PLAN NEVER RECEIVED SITE PLAN OF RULE.
IT WAS THE BASIS THOUGH OF THE PD ZONING.
SO MR. CLARK IS ULTIMATELY CORRECT.
THE TOWN BOARD IS ULTIMATELY CORRECT.
WHILE WE THOUGHT MAYBE IT WAS DEBATABLE WHETHER YOU NEED TO AMEND THE PD, ULTIMATELY THE TOWN BOARD DECIDED WE DO AND WE'D BE REPLACING THIS LA WHICH INCLUDES STARTED GAS STATION WITH THIS AND THE MIXED USE BUILDING HAD APARTMENTS.
IT DID TOWN HOMES OR ANYTHING LIKE THAT.
THOSE WAS STILL REMAINING WITH THE CONSISTENCY OF APARTMENTS.
WE ACTUALLY FOUND AN OLD ELEVATION POINT THAT YEAH, THE USE THE USE IS CONSISTENT RIGHT.
IT PARCELS OF DIFFERENT CONFIGURATION BECAUSE OF WHAT WE HAVE APPROVED ALREADY AND BUILT.
[01:35:01]
PART PART OF THAT MIXED USE BUILDING WOULD'VE BEEN ON THE PEOPLE PARCEL.IT'S A GOOD POINT DAVE WAS MAKING TOO.
SO SEE, WORK THIS WAY WHERE THAT WAS CLEANED.
SO IT, AND THEN WELL, SO IT DIDN'T EVEN FIT ON THIS, IT WASN'T THE EXACT SAME PARCEL.
YOU ASKED THE, THE, IF IF IT'S REZONED, IF YOU WILL, THE, THIS NEW LAYOUT, THEN THEY WOULD COME BACK HERE SITE PLAN APPROVAL.
THAT'S, BUT THE ZONING IS THE LAYOUT.
SO WE COULDN'T MOVE IT BECAUSE IT BE ZONED TO HAVE THE BUILDINGS THERE.
AND THE GOOD THING IS WE'VE ACTUALLY DONE, BECAUSE WE DIDN'T ANTICIPATE THE PD AMENDMENT, THE ENGINEERING'S ALREADY DONE.
THIS WORKS FROM A TECHNICAL PERSPECTIVE.
SO THE FACT THAT YOU HAVE RETAIL FRONTING WHERE THERE'S LITTLE TO NO LIKE ACCESS, IS THAT ADDRESSED NOW? WELL WE HAVE A DRIVEWAY TO THAT.
WE HAVE A DRIVEWAY TO THE EAGLE, EAGLE TERRACE RIGHT.
AND THEN WE HAVE A EAGLE BRIDGE.
AND THEN WE HAVE GATED ACCESS, BUT YOU KNOW, WE HAVE ACCESS THROUGH, THROUGH THE SITES WE'RE OKAY.
BUT, SO IF YOU'RE GOING TO HAVE, ARE YOU GOING TO HAVE RETAIL? ARE THEY, JOSH, CAN YOU PUT THE REGULAR, SO ON ALONG SOUTHWESTERN, RIGHT? THOSE FIRST LEVEL RIGHT THERE, IS THAT GOING TO BE, ARE YOU GONNA HAVE LIKE A STRAIGHT PASS THROUGH OF RETAIL SO THAT IT'S, THEY OPEN FROM BOTH END? YOU HAVE ACCESS FROM BOTH ENDS? YEAH.
THE PARKING WHERE THE PARKINGS.
BECAUSE I JUST SEE THAT IF IT'S NOT, IT'S SET UP FOR FAILURE ALONG SOUTHWESTERN.
SO AS LONG AS RETAIL WILL GO ALL THE WAY THROUGH THE ENTIRE WIDTH OF THE BUILDING.
THE ACCESS WILL BE IN THE BACK, BUT THERE'LL BE WINDOWS IN THE FRONT AND WE DO THAT.
SO YOU HAVE SOME SORT OF PRESENCE AND IF SOMEBODY'S WALKING ALONG.
BUT REALLY YOUR MAIN ACCESS IN THE WAY THAT THE BUILDING FUNCTIONS COMES FROM THE ACTUAL PARKING.
WE KNOW THAT IT WOULDN'T RIGHT.
SO IT'S VISIBLE 20 WE, WE'D LIKE TO HAVE SEPARATE CURB CUTTER TWO OUTTA SOUTHWESTERN.
BUT AGAIN, RATHER THAN UNDERTAKE TWO YEARS OF THAT DISCUSSION, WE'RE GONNA LIVE WITH WHAT WE HAVE IN TERMS TO ACCESS IN OUR TRAFFIC STUDIES BASED ON THE SLOPE.
AND ROGERS ALREADY HAS ACCESS TO WALMART, SO IT'S NOT LIKE IT'S YEAH.
WE THOUGHT NOT A RESIDENTIAL IN THE BACK, BUT LET'S, LET'S SHOW BUILDINGS, NOT PARKING SPACES.
WHICH IS HONESTLY SOMETHING WE'VE TALKED ABOUT A FEW TIMES.
LIKE THE TOWN HALL PLAZA, MIGHTY TACO, WALMART, THOSE WOULD ALL BE SO MUCH MORE WALKABLE AND LOVELY IF THE PARKING WAS BEHIND THE BUILDING.
IT'S ALSO PART NOTE, YOU KNOW, WOW, THESE ARE RETAIL.
THEY CAN INCLUDE SOME OFFICE TENANTS AS WELL.
I MEAN, IF YOU LIVE IN ONE OF THOSE NEARBY COMMUNITIES, YOU HAVE A, YOU'RE AN ACCOUNTANT, YOU WANNA HAVE AN OFFICE CLOSE BY, LIKE, YOU KNOW, THIS WOULD BE A PERFECT LOCATION.
THAT'S BECOMING MORE OF A TREND AS WELL.
ESPECIALLY IF YOU CAN WALK TO LIKE THE DOWNTOWN NEXT TO THE HIGH SCHOOL IS MY FAVORITE THING AT FIRST.
SO ON THE CORNER OF SOUTHWESTERN AND, AND ROGERS, WILL WE ALSO BE ABLE TO HAVE CONVERSATION ABOUT THE PRESENCE AND, AND HOW THAT BUILDING IS KIND OF LANDED ON THE CORNER VERSUS IT JUST BEING THE END OF A BUILDING AND YOU KNOW, TRYING TO HELP KIND OF LOOKS LIKE YEAH.
WHAT YOU MEAN BY THAT? SO, RIGHT.
IF YOU'RE NOT JUST GOING TO END UP LOOKING AT THE SIDE OF A BUILDING THAT HAS, YOU KNOW, THE, ANY SORT OF LIKE UTILITIES OR, OR SOMETHING ALONG THOSE LINES.
THE DUCK BANK ALONG ROGERS ROAD, WHERE YOU END UP HAVING THAT CORNER HAVE MORE OF A PRESENCE AS A CORNER BUILDING AND, AND SO THAT IT'S NOT, YOU'RE NOT, YOU'RE NOT LOOKING, YOU MEAN MAYBE WRAP THE GLASS AROUND THE CORNER OR SOMETHING? YES.
I'M HEARING IS MAKING THE FIRST PART.
I WANNA SEE A DUCK BANK OF METERS ALONG ROGER ROAD, RIGHT? LIKE YOU WOULD DOWN THE STREET A LITTLE BIT AT THE APARTMENT COMPLEX, RIGHT? MM-HMM
ONE OF THE SLIDES, ONE OF THE SLIDES IS THE ELEVATION.
THERE IS AN ELEVATION, RIGHT? IT'S NOT THAT THERE IT IS.
SO IF YOU LOOK AT THE END ELEVATIONS, THOSE ARE NOT THAT APPEALING WHEN YOU HAVE ROGERS ROAD AND SOUTHWESTERN BEING SUCH A, YOU KNOW, A BUSY MM-HMM.
SO COULD WE TAKE, SO WE'RE GOING ON FIRST FLOOR AND MAKE, CAN LOOK MORE LIKE FRONTAGE FOR THE COMMERCIAL SPACE ON ROGERS.
THE BUILDING THAT'S ON THE CORNER OF ELMWOOD AND BRYANT, AND THEN THE WAY IN WHICH THAT THEY END UP PLACING THEMSELVES AND OWNING THAT CORNER WITH HAVING, YOU KNOW, ROUNDED ENTRANCEWAY FOR THE FIRST LEVEL.
YOU KNOW, SO THAT IT HAS A, IT IT'S MEANT TO BE UNDERSTOOD AS A BUILDING THAT'S FOR BOTH SIDES OF THE STREET.
IT'S, YOU'RE NOT JUST LOOKING AT THE END MM-HMM
YOU'D LIKE TO SEE MORE OF A PRESENCE ON THE ROGERS ROAD SIDE OF THAT BUILDING AND THAT
[01:40:01]
THE, THE CORNER ITSELF HAS PRESENCE.THAT THERE, IT'S NOT JUST THE END.
AND THAT ALSO LIKE YOU CAN INCORPORATE, YOU KNOW, ALONG SOUTHWESTERN SO THAT LIKE THE WHOLE SWEEPING OF THAT CORNER SHOWS THAT THERE'S SOMETHING THERE RIGHT.
THEN THAT WE COULD DO IT SITE PLAN BECAUSE RIGHT.
LIKE WHEN DO I MAKE THOSE, IT WOULD BE SITE PLAN, BUT WE'LL RELAY THE THOUGHT.
IT IS IMPORTANT NOTE THAT OUR CURRENT PLAN SHOWS THIS AS PROBABLY BEING APPROPRIATE FOR SOME KIND OF RESTAURANT BISTRO WITH AN OUTDOOR PATIO.
OBVIOUSLY WE'RE WAY TOO EARLY TO FIND TENANTS.
BUT, SO WE ARE ENVISIONING THAT WOULD BE A USABLE ACTIVE SPACE, WHICH OBVIOUSLY DOES HAVE, YOU KNOW, THE LARGEST PROFILE ON THE SITE.
AS FAR AS THE RECOMMENDATION GOES, PERSONALLY, I THINK IT'S TOO MANY FLOORS FOR TOO MANY APARTMENTS.
I LOVE, I LOVE THE IDEA OF THE, OF THE MIXED USE, BUT I JUST THINK IT'S TOO MANY APARTMENTS.
I THINK IT SHOULD BE, I DON'T, I DON'T SEE THE 4, 4 4 FLOORS QUITE FRANKLY.
I WAS GONNA SAY, THERE'S AN OPPORTUNITY TO BE JUST COMMERCIAL INSTEAD OF, I MEAN WE, WE BOOK A LOT OF APARTMENTS IN THAT AREA RECENTLY.
THERES A LOT OF, THERE'S A LOT OF NEW HOUSING IN THERE TOO.
BUT THERE'S STILL DEMAND FOR MORE.
OBVIOUSLY IT HAS NOTHING TO DO WITH THIS, BUT EVERY COMMUNITY IN WEST NEWARK HAS A DEMAND FOR MULTIFAMILY FOR SEVERAL REASONS.
YOU KNOW ANY HOUSE THAT ANYONE YOU KNOW THAT'S TRYING TO BUY A HOUSE, GOOD LUCK.
AND NUMBER TWO, LITERALLY IN OUR COUNTRY, WE'RE NOW SHORT ON HOUSING UNITS BY 5 MILLION UNITS, WHICH IS A 30 TO 40 YEAR PERIOD.
AND THEN THE FINAL THING IS, IN 2020 WHEN THEY DID THE CENSUS FOR THE FIRST TIME EVER IN OUR COUNTRY'S HISTORY, THE LARGEST NUMBER OF HOUSEHOLDS ARE ONE PERSON.
SO YOU JUST, THAT TREND SCENE DEMAND FOR HIGH-END MULTI-FAMILY HOUSING FOR LEASE, IT'S NOT GONNA GO AWAY.
AND THE OTHER COOL THING IS THESE TYPES OF MIXED USE BUILDINGS HAVE BEEN BUILT OTHER COMMUNITIES AND THEY OFFER SOMETHING DIFFERENT AND SOME KIND OF COOL.
AND HAMBURG, YOU, YOU KNOW, I THINK IT'S TIME TO START INTRODUCING THIS ELEMENT.
I, I THINK YOU'LL SEE IT'LL BE WELL RECEIVED.
AND IF YOU TAKE A LOOK AT SOME OF MR. SUTTON'S BUILDINGS THAT HE IS DESIGNED, THE BEST EXAMPLE WOULD BE AT 58 77 MAIN STREET, THE OLD MILOS IN WILLIAMSVILLE WHERE THEY'RE DOING THE EXACT SAME BUILDING.
AND IT'S BEEN VERY WELL RECEIVED.
AND IT IS FOUR FLOORS AND THE FOURTH FLOOR, ALTHOUGH IT'S TOUGH TO SEE OR MAYBE WE COULD DIG TALLER, IS MEANT TO SHOW KIND OF A DIFFERENT TYPE OF MATERIAL TO BREAK UP THAT FACADE.
THE THING ABOUT THAT PLATE THOUGH IS WE DON'T HAVE MUCH THAT'S TALL.
SO WHAT IS AROUND IT? LIKE ARE YOU GONNA HAVE ALL FAMILY
LIKE I GUESS LIKE WHAT IS AROUND IT? LIKE, IS THIS WALMART ACROSS STREET? SO THIS IS A 20, A SINGLE STORY.
THIS IS DAVE'S PROJECT NEXT DOOR, THREE STORY, 26 UNIT BUILDING WITH A SLOPED ROOF.
THIS IS PEOPLE INCS THREE STORY BUILDINGS, LINKS OTHER THREE STORY BUILDINGS.
SO IT'S CERTAINLY NOT GONNA BE OUTTA A CHARACTER.
AND THIS ACTUALLY WON'T BE ANY TALLER THAN, UH, MR. BURKE'S THREE STORY, 26 UNIT BUILDING BECAUSE IT'LL HAVE A FLAT ROOF.
SO IT DOES BRING US BACK TO SEEKER THOUGH, RIGHT? BECAUSE IT HAS TO BE CONSISTENT.
BUT THERE IS THAT COMMUNITY CHARACTER QUESTION AND WHETHER THIS IS OUT OF CHARACTER WITH THE COMMUNITY, WHICH YOU, YOU'RE ARGUING THAT IT'S NOT BECAUSE THERE ARE THREE STORIES AROUND.
AND THEN WALMART, WE'RE GONNA HAVE TO, IN SEEKER, WE DO SEEKER, BUT WE HAVE TO, WE HAVE TO COMPARE TO THE INITIAL FINDINGS.
AND THE INITIAL FINDINGS AREN'T, AREN'T GONNA HAVE THIS KIND OF HEIGHT CONSIDERATION, BUT THE INITIAL, BUT THE INITIAL PROJECT IS ALSO A GAS STATION AND IT IS HOUSING.
SO IT'S LIKE HOUSING VERSUS HOUSING, RIGHT.
IT'S AN IMPROVEMENT OVER THE, THE INITIAL PUD.
DEFINITELY, DEFINITELY, DEFINITELY.
UM, I THINK JUST COMMERCIAL WOULD BE JUST ANOTHER STRIP MALL.
THERE'S THERE'S A REASON I'M WITH BILL ON THAT.
YEAH, NO, I THINK THAT EVEN THOUGH, YOU KNOW, THERE'S THIS DISCUSSION ABOUT THERE'S SO MUCH HOUSING AVAILABLE, WOULD DEVELOPERS WOULDN'T BE BUILDING APARTMENTS IF THERE WASN'T MARKET DEMAND.
AND THERE IS, AND I THINK THAT THERE IS ALSO, IT, IT LEADS ITSELF TO PROVIDE MORE OF A DIVERSE OFFERING FOR HAMBURG.
THAT THEN ALSO ALLOWS FOR, YOU KNOW, A DIVERSITY OF RESIDENTS THAT ARE ABLE TO COME IN, YOU KNOW, AND ENJOY AND ENJOY HAMBURG AT AN APPROACHABLE SETTING.
I'M, NOW THAT YOU'VE MENTIONED IT THOUGH, I'M THINKING ABOUT THE, THE HEIGHT.
I DON'T KNOW WHICH I GO ON THAT I, I LOOKING AT THAT AREA AND WHAT THE AMOUNT OF TRAFFIC INCREASE AT THAT INTERSECTION.
I JUST FEEL LIKE THREE STORIES WOULD FIT BETTER.
I'LL, I I NEED TIME TO THINK ABOUT IT, BUT, BUT REMEMBER IF WE DID THREE STORY, WE COULD MAKE THESE FOOTPRINTS MUCH BIGGER.
[01:45:01]
IS BETTER.I DON'T KNOW HOW YOU'D FIT ALL THE PARKING IN.
I MEAN I, I'M NOT OPPOSED THE FOUR STORY, IT'S, IT'S MORE COMPACT TO FIT MORE, MORE UNITS IN.
I DON'T THINK IT COULD GO OVER FOUR.
NO, I THINK FOUR UP BEING, I MEAN THINK THAT'S ALSO THE MAXIMUM FOR THE TOWN CODE ANYWAYS.
NO, DO WE GO FOUR? WHAT'S THE HEIGHT LIMITATION IN THE TOWN CODE FOR IN GENERAL AND WELL, SO THE ZONING DOESN'T AND R THREE THE HEIGHT IS BASED ON TRIGGERS, SETBACKS.
SO IF IT WAS R THREE, WHAT WOULD BE THE HEIGHT LIMITATION? I THINK YOU WOULD NEED A VARIANCE SCORE OF THREE FOURS I BELIEVE.
WELL IT'S NOT CLEAR THE HAMPER CODE, I'M NOT SURE.
WHAT'S INTERESTING IS THAT BY ESTABLISHING THIS SORT OF DENSITY THAT IT COULD ALLOW AND MAKE THE VAST OPEN, UNDEVELOPED SPACE, RIGHT, FOR MORE AND DENSE DEVELOPMENT AND THAT YOU END UP CREATING, HAVE THE ABILITY TO CREATE MORE DISTRICT VERSUS HAVING AND SOME SORT OF, LIKE I SAID, LIKE A DIVERSE SETTING COMPARED TO THE STRIP MALL THAT YOU END UP SEEING, YOU KNOW, TIME AND TIME AGAIN AND THINK IT ENDS UP LENDING ITSELF TO HIGHER QUALITY FUTURE DEVELOPMENT.
BUT YOU ARE ALSO SETTING THE PRECEDENT FOR NOW.
FOUR STORIES IS FINE IN A PUD.
SO NOW SUDDENLY WE HAVE MORE TALLER BUILDINGS.
BUT THE ONLY COOL THING IS THIS SECTION OF THIS PARTICULAR PUDI COULD SEE EVEN IN THE SAME EXACT P BUT IN THIS SECTION OF THIS PUD, WE'RE JUST NOT INCONSISTENT.
WE HAVE NO SINGLE FAMILY HOMES ADJACENT.
WE HAVE LARGER MULTI-FAMILY BUILDINGS IN THE IMMEDIATE VICINITY AND WE'RE REALLY CREATING A COMMUNITY WITH DIFFERENT HOUSING TYPES.
MEAN SOME PEOPLE OBVIOUSLY ARE GONNA BE QUALIFIED FOR THE WORKFORCE HOUSING, THE SENIOR HOUSING.
SOME PEOPLE ARE GONNA PREFER THE MORE TRADITIONAL MULTIFAMILY.
BUT YOU'RE GONNA SEE A WHOLE NEW TARGET MARKET WHERE THEY LIKE, OH THIS IS COOL.
I LIKE LIVING IN A MIXED USE ENVIRONMENT.
AND IF WE SET THAT PRECEDENT AND SAY ACROSS THE STREET THOSE UNDEVELOPED OUT PARCELS OF WALMART, IF THEY GOT REZONED TO MIXED USE AND WANTED TO PROPOSE FOUR STORY BUILDINGS, WOULD THAT BE SO BAD? RIGHT.
AND FILL IN SOME OF THE PARKING THEY DON'T NEED.
AND CREATE SOME DENSITY AND YOU CAN SEE THE LAKE IF YOU'RE LOOKING UP
WELL THAT WAS CAN, YOU CAN SEE THE LAKE FROM MOVE BY YOU ROOFTOP RESTAURANT.
YOU WANNA, THIS IS JUST, YOU CAN SEE THE LAKE FROM MO 20 WHEN YOU'RE COMING DOWN TO 20 TO THAT INTERSECTION WHEN THESE BUILDINGS GO UP.
YOU WON'T SEE IT WHEN YOU'RE DRIVING ANYMORE.
I MEAN THIS IS THE TREND YOU'RE SEEING NATIONWIDE GO TO, YOU KNOW, PLACES THAT ARE VIBRANT AND COOL.
YOU SEE YOU HAVE A ROOFTOP RESTAURANT, SO MAYBE IT COULD BE A ROOFTOP PATIO.
YOU GOTTA HAVE TWO MEANS OF ACCESSES BECOMES A PROBLEM.
UM, SO THE R THREE DISTRICT IS CONFUSING TO ME.
WHAT IS THE HEIGHT OF THESE BUILDINGS? R THREE DOESN'T REGULATE DENSITY, IT REGULATES BASED ON SETBACKS.
AND I'M NOT SURE IF THEY'RE GONNA BE 60.
SO THE R THREE, THE R THREE IS A SINGLE OR TWO FAMILY DWELLING AT TWO AND A HALF STORIES NOT TO EXCEED 35 FEET.
THAT'S IF YOU'RE DOING A SINGLE OR IF YOU REDONE THE MULTIFAMILY SECTION FAMILY.
IT SAYS IT'S SINGLE FAMILY OR TWO FAMILY DS.
MM-HMM
THREE OR MORE FAMILY DWELLINGS.
THAT'S, WAIT, NO, 50 FEETS A SETBACK.
A MINIMUM 50 FEET FROM ANY PROPERTY WITH AN ADDITIONAL ONE FOOT FOR EACH ADDITIONAL FOOT ACHIEVING 35 FEET.
SO GUYS, IT DOESN'T REG, IT DOESN'T REGULATE HEIGHT.
THAT'S WHY WE GOT THAT WEIRD HOUSE ON THE LAKE THAT'S SUPER TALL.
HOW MANY STORIES IS THE BY THE'S? THREE OR MORE FAMILY DWELLINGS.
NOT TO EXCEED THREE STORIES IN A HEIGHT, BUT THEY'RE BIG STORIES.
I THINK THEY'RE THREE BUT THEY'RE TALL STORIES ALMOST.
I MEAN HOW DOES THE HEIGHT OF THIS COMPARE TO THE BREWERY JOHNSON'S LANDINGS OVERALL HEIGHT OF THE BUILDINGS THAT THAT'S, THAT'S HEARTS THREE STORIES WITH A ROOFTOP.
BUT IT'S ALSO TALL STORIES, RIGHT? YEAH, IT'S PROBABLY COMPARABLE.
OH, OTHER PRINCIPAL BUILDING BY YARD.
THEY'RE REALLY IN THE SAME NEIGHBORHOOD EITHER.
I KNOW, BUT I WAS JUST CURIOUS IF THERE'S PRECEDENT THAT WE DO THINGS THAT ARE SIMILAR.
HEIGHT IS NOT THE PP IS, I MEAN YOU BECAUSE BUS, ISN'T THIS THE LAST PART OF THE P TO BE DEVELOPED? DO YOU HAVE ANY MORE DAYCARE? DO YOU REMEMBER WHEN THE DAYCARE WAS IN FRONT OF US? THAT'S UP ROGERS.
ISN'T THAT THE DAYCARE? WHAT DID WE PUT AT THE DAYCARE? THE DAYCARE? IT WASN'T ON THE SITE.
WE DID THE ONE NEXT TO IT, BUT NOT THE DAYCARE BECAUSE THE DAYCARE, DAYCARE IS OUTSIDE OF THE, IT WAS A LONG TIME AGO.
THAT'S NOT EVEN THERE ANYMORE.
'CAUSE WE DID SOMETHING ELSE ON THAT.
WAS DAYCARE
[01:50:01]
YEARS AGO WAS CORY AUERBACH AND NANCY WARE HAD SOME DAYCARE PROJECT PROPOSED.YEAH, THAT WAS OH, THAT WAS IN CLOVER BANK.
YEAH, IT WAS EDUCATOR THAT WAS CLOVER BANK.
AND SO WHAT ABOUT MY KIDS WENT THERE? OH, I JUST, THERE WAS ANOTHER PROJECT THAT WAS PART OF THIS.
WE'VE SEEN A NUMBER OVER THE LAST FIVE AND HOWEVER LONG I'VE BEEN ON THIS BOARD.
YEAH, YOU'VE VARIOUS LITTLE THINGS AROUND THE EDGE.
SHE'S NOT USING DAYCARE ANYMORE.
UM, DO WE HAVE, IS THERE ANYTHING ELSE THAT ANYBODY WOULD LIKE TO SEE ON THIS PROJECT OR DISCUSS? DOES ANYBODY HAVE ANY OTHER QUESTIONS? UM, COMMENTS.
THE MORE THAN THREE THREE OR MORE FAMILY DWELLINGS DON'T HAVE, HE'S NEVER READ ABOUT WETLANDS.
THREE OR MORE FAMILY DWELLINGS HAVE NO HEIGHT REQUIREMENT.
IT JUST SET LIKE, IT BASES THE HEIGHT ON YARD.
WHICH I DON'T KNOW WHY THIS IS DONE, BUT LIKE A SINGLE OR A SINGLE OR TWO FAMILY HAS A HEIGHT REQUIREMENT OF TWO STORY, TWO AND A HALF STORIES.
THREE OR MORE FOR ALL OF THE PRINCIPAL BUILDINGS.
SEE YARDS GO TO YARDS THREE OR MORE FAMILY DWELLINGS NOT TO EXCEED.
THREE STORIES SHALL BE A MINIMUM OF BLAH BLAH, BLAH.
THREE OR MORE FAMILY DWELLINGS OVER THREE STORIES SHALL BE A MINIMUM OF BLAH BLAH BLAH.
THERE'S NO HEIGHT REQUIREMENT THAT'RE BECAUSE IF YOU'RE THREE STORIES, IT'S SETBACK.
IF IT'S MORE THAN THREE STORIES, IT'S X SETBACK.
IT'S FARTHER AWAY FROM THE ROAD.
THE TALLER IT CAN BE APPARENTLY.
I JUST MAKE EXCUSE GO TOO, TOO.
AND HOW FAR ARE THESE AWAY FROM THE ROAD? OH, THEY'RE CLOSE.
BUT YOU WANT 'EM CLOSER TO THE ROAD BECAUSE THAT'S THE, THE, THE LOOK THAT YOU WANT.
OTHERWISE YOU GOT PARKING ON THE STREET.
THESE WOULD TECHNICALLY NEED TO BE A MINIMUM OF 50 FEET FROM ANY PROPERTY LINE WITH AN ADDITIONAL FOOT FOR EACH ADDITIONAL FOOT EXCEEDING 35 FEET IN HEIGHT.
AND YOU WOULDN'T BE ABLE TO, YOU ALSO WOULDN'T BE ABLE TO DO MIXED USE.
RIGHT? THAT'S WHERE THE PD RIGHT.
YOU CAN'T DO FIRST FLOOR COMMERCIAL THINGS COME R THREE.
ANYTHING ELSE? WE HAVE A HEIGHT REQUIREMENT IN A MIXED USE LAW.
OH LOOK, I, I'M TAKING NOTES HERE.
UM, SO WE NEED TO TABLE THE PROJECT.
ARE YOU LEANING TOWARDS A POSITIVE RECOMMENDATION? HOW DO YOU WANT US TO DRAFT THE REPORT?
BOARD MEMBERS, WHERE ARE WE? OKAY, SO WHEN WE SAY YOU'RE A POSITIVE RECOMMENDATION, WE'RE SAYING THAT YOU'RE PLANNING, YOU'RE IN FAVOR OF IT, IN FAVOR OF THE SITE PLAN THAT'S BEING PRESENTED.
ONLY THE PD, ONLY THE, YOU CAN CAN CAN STILL MAKE THE LANDSCAPING ALL THOSE THINGS.
WHICH IS WHAT'S BEFORE PLANNED CHANGING.
JUST THE TWO BUILDINGS IN COMPARISON TO THAT TRIANGULAR PIECE.
YES, I AM IN FAVOR OF MOVING FORWARD WITH THAT.
OKAY, BILL? YEAH, DAN, I'M OKAY WITH IT.
PLANNED UNIT DEVELOPMENT DISTRICT.
MAXIMUM HEIGHT OF BUILDINGS UNLESS OTHERWISE PROVIDED SHALL BE 65 FEET.
SO AS IT TURNS OUT THE PUD HAS A MAXIMUM HEIGHT ON BUILDING THAT UNLESS YOU DECIDE IT SHOULDN'T.
UNLESS OTHERWISE PROVIDED BY WHOM AND WHERE? HARD TO KNOW THE TOWN BOARD.
'CAUSE THE REZONING, RIGHT? UH, BILL JOE SAID HE DIDN'T SEE ANY HIGH REQUIREMENTS UNDER THE MIXED USE.
THE TELL 'EM IT'S IN THE PUD ITSELF.
SO THAT, MY QUESTION WAS THE MISUSE BOSS
UM, AND I AM, I THINK THIS IS MOVING IN THE RIGHT DIRECTION.
I THINK OUR CONVERSATION IS GONNA BE MORE ABOUT, UM, SPECIFICS AND LOOK AND THINGS WHICH WILL COME WITH SLIGHT POINT.
SO TO ANSWER YOUR QUESTION, IT WOULD BE IN A POSITIVE MOOD.
WE DO YOU WANT US TO DRAFT IT? WE BRING THEM BACK IN TWO WEEKS.
IF IT'S OKAY, WE'LL SEND IT TO THE TOWN BOARD AFTERWARDS.
DO WE WANT TO, DO YOU WANNA TRY AND TAKE SOME OF THIS DISCUSSION IN THE PAST BECAUSE TOWN BOARD HASN'T ALWAYS GONE WITH WHATEVER WE RECOMMENDED.
WE'VE JUST PROVIDED SOME OF OUR RATIONALE.
DO YOU WANNA TAKE SOME OF THIS DISCUSSION AND SPRINKLE IT INTO THAT? I THINK WE SHOULD ADD THE MINUTES TO, YEAH, WE SHOULD ADD THE MINUTES TO THE, UM, TO OUR PAPERWORK.
AND I DON'T, I MEAN THE, THIS ONE OUR RATIONALE IS WE LIKE IT BETTER AND WE'RE WORRIED ABOUT THE FOURTH POLLER.
WELL, ARE YOU WORRIED ABOUT THE FOURTH? IT'S A LOT OF THOSE SIX FIVE FEET.
I, I KNOW IT'S LOUD BUT I I'M STILL WORRIED ABOUT THE FOURTH FLOOR.
I JUST WANT THAT ON THE RECORD.
I'M WORRIED ABOUT THE FOURTH FLOOR.
IS THE FIFTH FLOOR A ROOFTOP BAR? NO, THE FOURTH FLOOR.
THEN YOU CAN REALLY SEE THE LAKE.
THAT'S WHAT WE NEED BECAUSE YOU LAKE BECAUSE LIKE I COULD ROOFTOP BAR THE LAKE
[01:55:01]
YOU'RE ALLOWED TO RIDE A BIKE AFTER YOU WENT TO A BAR, RIGHT? YEAH.DO WE NEED TO VOTE? BUT IT DEPENDS ON WHAT YOU NEED TO MAKE A MOTION.
I THINK WE, I'M AUTHORIZING THE PLANNING DEPARTMENT TO DRAFT THE, THE POSITIVE RECOMMENDATION WITH THE, A COPY OF OUR MINUTES ATTACHED.
THEY'LL COME BACK ON FIVE ONE.
WE WILL GET TO BRANDON AND YOU'RE OKAY.
WE'LL SEND IT TO THE TIME BOARD AFTERWARDS.
ANYTHING ELSE GENTLEMEN? THANK YOU.
MAKE IT BECAUSE OUT I WAS NOT HERE.
THERE ARE MINUTES I GET TO MY HOUSE FROM THAT MORNING.
UM, THERE'S MINUTES TO APPROVE.
DOES ANYBODY HAVE ANYTHING TO CHANGE OR ADD TO THE MINUTES? DID EVERYBODY REVIEW THE MINUTES? 'CAUSE THIS IS THE BIG MINUTES.
I NEED TO ABSTAIN BECAUSE I WAS NOT PRESENT AT THE APRIL 13.
OKAY, WELL THERE'S TWO SETS, RIGHT? NO, NO, JUST, JUST THE, JUST THE UH, THIRD YOU HAD DISCUSSION.
THERE WAS RECIRCULATED MINUTES BUT THEY GOT NO, THAT'S RIGHT.
WE HAVE THE MINUTES BEFORE THAT.
SO MARCH 20TH AND BECAUSE I DON'T YEAH, WE DIDN'T.
SO WE HAVE TWO SETS OF MINUTES.
SO WHO WAS, WHO WAS, WAS IT MARCH 20TH? I THINK WE WERE ALL HERE ON MARCH 20TH.
SO IS EVERYBODY HERE MARCH 20TH IS THE ONE PERSON? YEAH.
SO WHO WANTS TO MAKE A MOTION ON THE MARCH 20TH MINUTES? MAKE A MOTION TO APPROVE THE MARCH 20TH MINUTES AS REVISED.
ALL THOSE IN FAVOR FOR THE MARCH 20TH MINUTES? SAY AYE.
GOING TO THE APRIL 3RD, UM, MINUTES.
THE LONGEST MEETING IN THE HISTORY OF THE TOWN OF HAMBURG.
DOES SOMEBODY WANNA MAKE A MOTION? MOTION? I WASN'T HERE.
UM, CA MCCORMICK AND MARGOT
AYE, WHAT DID JOE HAVE TO SAY? ANYTHING? NOTHING.