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IS THE PAPERWORK SUBDIVISION

[00:00:01]

FOR? I JUST WANTED TO KNOW HOW IT RELATES TO THE WHOLE THING.

ARE WE READY? WANTS ME THE DATE DECK DOWN NOW? ARE WE READY? EVERYBODY READY? DO WE HAVE BETTER? YES, WE HAVE BEEN ON IT TONIGHT.

OKAY.

WELL, WE'RE, I'M GONNA CALL THE, UM, WORK SESSION TO ORDER FOR THE JULY 10TH MEETING, WHICH WAS CANCELED DUE TO THE TORNADOES AND IT'S JULY 17TH.

AND OUR FIRST, UM, WORK SESSION IS THE WALMART.

ARE YOU WITH WALMART? I AM.

ALL RIGHT.

WOULD YOU LIKE TO COME ON UP AND, WELL, WE DON'T HAVE A PODIUM, UM, ON UP AND FILL US IN.

YEAH, SURE.

SO MY NAME'S MATT RANCHES.

I'M WITH COLLIERS ENGINEERING AND DESIGN.

WE'RE THE, UH, THE CIVIL ENGINEER FOR THIS PROJECT.

UM, WHAT THEY'RE LOOKING TO DO AT THE SOUTHWESTERN LOCATION IS JUST, UM, BASICALLY AT ABOUT A 5,000 SQUARE FOOT BUILDING ADDITION.

UH, THE PURPOSE BEING TO KIND OF ENHANCE THEIR ONLINE PICKUP, UM, SERVICE, UH, FOR THIS LOCATION.

SO THAT 5,000 SQUARE FEET WILL PRETTY MUCH JUST BE KIND OF STAGING AREA FOR THE PICKUP ORDERS, LEAVE STORAGE AREA FOR THE PICKUP ORDERS.

UH, THEY'RE LOOKING TO KIND OF REARRANGE THE PARKING OR I GUESS THE PICKUP ORDER, UH, PARKING SPACES OVER ON THAT SIDE OF THE BUILDING AS WELL.

UH, SO IT'LL BE SOMEWHAT SIMILAR TO WHAT'S THERE NOW, BUT, UH, JUST KIND OF UPDATING PER THEIR WALMART TWO STANDARDS.

UH, YOU'LL KIND OF SEE ON THE REMAINDER OF THE SITE THEY'RE PROPOSING RELATIVELY MINOR JUST SIGNAGE AND STRIPING, UM, CHANGES TO BE MADE TO THE PLAN.

REALLY, IT'S, IT'S A LOT OF JUST KIND OF REFRESHING, STRIPING, UH, THEY'RE CONSTANTLY UPDATING THEIR, THEIR STANDARDS ON HOW TO KEEP PEDESTRIANS AND TRAFFIC SAFE AND THAT KIND OF STUFF.

SO A LOT OF IT JUST PERTAINS TO THAT.

OKAY.

UM, DO YOU HAVE ANYTHING ELSE? UM, PROBABLY THE ONLY THING MAYBE YOU GUYS MIGHT BE INTERESTED IN, UM, THE BUILDING MATERIALS, UH, WE WILL PRETTY MUCH MATCH THE EXISTING BUILDING THAT'S THERE.

UH, SO IT'S LIKE A RED BRICK AND I'M NOT SURE THE EXACT MATERIAL HAS, LIKE, THOSE TANGIBLE COLUMNS, UH, AS ACCENT PIECES.

SO, AND THIS IS GOING TO THE SIDE WHERE THE GARDENING IS? UM, YEAH, SIDE, SIDE, SIDE.

THE OTHER SIDE I, AT THE BUILDING LEFT SIDE.

OKAY.

SO RIGHT NOW THERE'S KIND OF THAT LITTLE CANOPY FOR PICKUP ORDERS OVER THERE NOW.

MM-HMM.

UH, SO THAT VICINITY THAT'LL BE GONE? YES.

ARE THEY USING, ARE THEY GONNA, SO IT'S LIKE A MOUNT ON THE WAY DOWN? UM, YES.

ARE THEY, ARE YOU DOING ANY EARTH WORK? DO YOU HAVE TO FLATTEN ANY OF THAT? ARE YOU, IS THIS PARKING LOT? I'M VERY HAND SIDE.

THE TOP LEFT CORNER.

THOSE SPACES WOULD BE THE ONLY THING PUSHING OUTWARDS.

UM, AND WE DO HAVE, UM, NOT SURE IF YOU GUYS WOULD HAVE THE GRADING PLAN, BUT THERE'S BASICALLY PROBABLY LIKE, LIKE TWO FOOT WORTH OF A SLOPE THAT GETS KIND OF BUILT INTO WHAT'S ALREADY THERE.

SO THE AMOUNT OF DISTURBANCE, UH, TO THE LEFT, IT'S LIKE AN 18 FOOT SPACE, 18 AND A HALF FOOT SPACE.

UM, AND THEN PROBABLY FIVE FOOT WORTH OF GRADING OUTSIDE OF THAT.

SO YOU'LL BE WIDENING THE EXISTING SORT OF SPACE WHERE THE CORRALS ARE A LITTLE BIT.

JUST A LITTLE BIT, YEAH.

AND THERE'S SPACE TO DO IT.

I'M JUST TRYING TO UNDERSTAND THE SCOPE.

SO THERE'S SOME, THERE'S SOME LANDSCAPING OVER THERE AS WELL THAT WE'RE NOT, I THINK I'D CALL THAT LANDSCAPING.

YEAH.

WELL THERE'S SOME SHRUBBERY SHOWING UP ON THE SURVEY AND SOMETHING, SO, UM, BUT YEAH, WE WON'T BE KIND OF GETTING INTO, INTO THOSE WITH THE GRADING.

IT, IT PRETTY MUCH IS LIKE A FIVE FOOT SWAT JUST TO KIND OF CATCH UP AND GRADE WHILE WE'RE ON THE TOPIC OF LANDSCAPING.

UM, IF YOU ARE GONNA BE BACK IN THAT CORNER, WIDENING IT, AND IF YOU CAN JUST GET AN ANSWER TO THIS, THEY MIGHT BE WILLING TO DO SOME LANDSCAPING TO MAKE IT LOOK A LITTLE NEATER CLEANER.

I FEEL LIKE THAT ENTRANCE IS, YOU KNOW, KIND OF LIKE A DIRT ROAD AND THEN ALL THAT BIT TO THE LEFT.

JUST IT'S, IT'S MESSY AND IT LOOKS DIRTY AND IT'S REALLY UNAPPEALING.

AND SO IF YOU'RE GONNA BE BUILDING ANYWAY, MAYBE WE CAN ADD A LITTLE LANDSCAPING.

YEAH.

IF THEY'D BE WILLING TO DO THAT.

YEAH, I CAN DEFINITELY TALK TO THEM AND ASK.

UM, DO YOU HAVE ANYTHING IN MIND? AND AS FAR AS THE OCCASION, I KNOW THAT IDEAS FOR IT, I'M NOT ENVISIONING LIKE A FOREST OF TREES.

IT'S JUST KIND OF LIKE, IT JUST LOOKS DIRTY AND MESSY.

LIKE, I DON'T KNOW ABOUT PLANTERS OR LIKE

[00:05:01]

A ROW OF SHRUBS.

LIKE I DON'T, I'M NOT SURE CAN DO.

YEAH, IT'S JUST LIKE, IT'S ALL, UM, BROKEN CONCRETE AND LIKE STONE.

SO LIKE IF IT, SO IT'S ALL THE STUFF, RIGHT? AND LIKE THE, THE EMPTY PARCELS, RIGHT? MM-HMM .

YEAH.

AND I DON'T, I'M NOT SAYING YOU NEED TO LIKE FACELIFT THE WHOLE PARCEL, BUT IF, IF YOU'RE GONNA BE GRADING IT BACK ANYWAY, WE COULD MAYBE SOMETHING ALONG THE WALKWAY AND THE PART THAT TOUCHES THE PARKING LOT OR ALONG THE DRIVEWAY.

MAYBE SOME PLANTS OR SMALL TREES OR SOMETHING.

OKAY.

UM, I DON'T HAVE ANY NECESSARILY SPECIFIC IDEAS, BUT I JUST FEEL THERE'S A LOT OF WAYS TO MAKE THAT LOOK A LITTLE BETTER AND BE MORE OF AN ENTICING ENTRANCE.

ESPECIALLY IF YOU'RE GONNA BE EXPANDING THE SPACE AND MORE PEOPLE ARE GONNA BE USING THAT ENTRANCE, RIGHT? YEAH, EXACTLY.

THERE'S GONNA BE MORE, MORE OF A PUBLIC ACCESS TO IT.

WE'VE GOT SOME, SOME LIKE LANDSCAPE ARCHITECTS WITHIN OUR COMPANY, SO I CAN GO TO THAT AND SEE IF THEY HAVE IT.

I MEAN THERE ARE, THERE'S LANDSCAPING THAT ARE WITHIN SOME OF THE, UM, PARKING LOT ISLANDS.

MM-HMM .

SO MAYBE IF YOU'RE JUST KIND OF LIKE PULLING FROM WHAT'S EXISTING YEAH.

AND TRYING TO KIND OF END UP, UM, MAKING IT MORE LIKE AN ENTRANCE, TAKING YOUR EDGES AND SOFTENING THEM SO THAT THEY KIND OF, SO THEY FEEL MORE OF LIKE THE EDGE AND NOT JUST LIKE THE DROP OFF.

OKAY.

INTO NO, NO MAN'S LAND.

OKAY.

WOULD YOU ALSO BE ABLE TO PROVIDE A FULL SITE PLAN? UM, YES.

I HAVE A, UH, ON ME IF THAT WOULD WORK FOR NOW, OR I CAN PROVIDE IT AFTERWARDS.

YOU HAVE SITE PLANS RIGHT IN FRONT OF YOU? I KNOW, BUT IT'S ONLY OF THE CERTAIN AREA.

IT DOESN'T HAVE THE ENTIRETY OF, SO LIKE THE CONFUSION OF THE WHAT SIDE? THE BUILDING AND THEN ALSO HOW THEN LIKE THE NEW PARKING, THIS NEW PARKING VIEWING AREA, HOW DOES THAT THEN INTERACT WITH, YOU KNOW, HOW PEOPLE ARE TURNING TO GET INTO THE REC OF THE BALANCE? THE PARKING LOT I MAKE OUT, BECAUSE I KNOW I COME IN FROM THAT SIDE.

I DO TOO.

DROP MY PICKUP GROCERY PICK, BUT THEN LIKE I ALSO WILL COME AROUND SOME TREES OR SOMETHING ALONG TO MAKE IT MORE OF A RIGHT AND YEAH.

IS NOT LANDSCAPING AND THIS IS WHAT I'M TALKING ABOUT.

CAN WE GET, CAN WE GET SOMETHING HERE OR LIKE ALSO HERE, BECAUSE THEY'RE GONNA BE, THIS IS I GUESS WHAT HE'S SAYING, THEY'RE GONNA SHOW BACK THIS, THIS WORLD.

I DON'T KNOW THAT THAT'S THEIR LOT.

WELL, IT MUST BE SHOULD IT'S WITHIN, YOU SEE THEIR DOT, THE PROPERTY LINE, IT SHOULD BE THEIR PROPERTY LINE.

RIGHT.

SO IT'LL JUST BE SOMETHING YEAH.

ALL OF THIS.

YEAH.

IN TERMS OF LANDSCAPE, WHICH IS REALLY THE AREA.

MM-HMM .

YEAH.

SO THEY DON'T HOLD MUCH OF THESE, SO YOU CAN'T DO A WHOLE LOT WITH THAT.

NO.

YOU, THEY CORNERS LIKE THAT.

YOU DON'T PUT YEAH, THEY COULD DO IT IN HERE.

AND SO IF YOU'RE COMING IN AND THEN RIGHT.

YOU THAT, WHY PUT THAT IN THESE ISLANDS? SO IF YOU JUST, IF YOU WERE JUST GOING THERE, I WANTED TO AVOID THE, AND THEN I JUST WAS WONDERING HOW IS THIS JUST COME STRAIGHT DOWN.

I'M CONFUSING LIKE HOW THIS INTERACTION IS WORKING OUT.

LIKE IT HURT RIGHT.

SMALLER, EASIER.

PHARMACY.

IF YOU WANTED TO SEE IT IN MY BIGGER, IN THE FULLY ENGINEER SEMI DOOR SPACE, IT KIND OF HAS A WALL IF YOU MOVE INTERIOR TO BENCH TRUCKS.

SO THAT ALL WOULD REMAIN, I THINK RIGHT NOW.

DO THAT OVERALL STILL RIGHT THROUGH HERE.

YES.

THE DRIVE, HE JUST SAID THE PHARMACY DRIVE THROUGH IS VERMONT IS REMAINING THIS RIGHT HERE.

YEAH.

SO I DON'T HAVE ONE REAL EXISTING.

SO THEN ARE YOU CREATING A NEW DRIVEWAY DRIVE AISLE? THAT'S EXISTING? THAT'S EXISTING.

SO THIS IS ALL PARKED, I THINK IT'S JUST PARKED ALL THE WAY STRAIGHT BACK.

THIS WHOLE THING IS WHERE LIKE WE ORDER, IF YOU LOOK AT THE BIGGER PLAN HERE, IT'S A, IT'S EVEN BETTER.

YEAH.

THIS ONE IS PARKING EXISTING.

UH, THERE'S THAT ISLAND HERE.

I THINK THIS IS ALL PARKING EXISTING AS WELL.

THIS WOULD BE THE PORTION THAT WOULD INTO RATING.

SO IT'S LIKE 18 AND A HALF FOOT PARKING SPACE HERE.

LITERALLY WAS JUST .

IT'S LIKE YOU WERE TALKING OUT LOUD AND IT WAS MY MIND.

AND THEN I THINK IT JUST WAS KIND OF THE AREA OF OH, I UNDERSTAND THAT.

SO ALL OF THE EXISTING PARKING IS REMAINING.

[00:10:03]

ARE YOU ADDING ANY ADDITIONAL PARKING? DOUG? SO IT'S OVERALL GONNA, GONNA REDUCE THE NUMBER OF PARKING SPOTS BY 25.

IT'S REDUCED PARKING.

I MEAN THERE'S, THERE'S THREE PARKING IN THAT PARKING.

THINK IT'S LIKE 780 SPACES TOTAL.

FOR THE, FOR THE SITE? YES.

CAN YOU ANSWER THAT QUESTION AGAIN BECAUSE IT'S NOT GONNA PICK IT UP RIGHT THERE.

WE COULDN'T HEAR YOU.

IS THAT WE WERE RECORDING.

GONNA LOSE SPACES.

WE'RE GONNA LOSE A TOTAL OF 25 FOR THE, FOR THE SITE.

AND I'VE GOT THE EXACT NUMBER, BUT IT'S SOMEWHERE AROUND SEVEN.

I'M SORRY IF I MISSED THIS BECAUSE WE'RE LOOKING AT , BUT ARE YOU EXTENDING THAT CORRAL? LIKE THE CORRAL'S JUST GONNA BECOME BIGGER? I SAW THE SIDE LAND ON ME.

SO NOT YOU.

SO UP HERE MM-HMM .

THIS IS REALLY, WE CAN, YES.

SO WHAT'S WHAT IS EXISTING RIGHT NOW HERE? EXISTING HERE IS JUST PARKING BASICALLY ALL THE WAY BACK KIND OF HERE, BUT IT'S BASICALLY JUST EXISTING PARKING.

MM-HMM .

THIS AND, AND THIS AND THIS HAS THE COVERAGE FOR PICK THE CANOPY IS IN.

AND SO ARE YOU MAKING, I GUESS WHAT I'M ASKING, IS THE CANOPY GOING TO EXTEND BECAUSE THIS IS FOR MORE, I THINK CANOPY'S GONNA GO AWAY.

THIS BUILDING WILL BE, UM, BE CONSTRUCTED IN ALL THESE SPACES I THINK.

I SEE.

SO WE'RE ADDING THE BUILDING SO THEY CAN PUT ALL OF THE PICKUP ORDERS HERE AND THEN WE'RE ADDING PARKING SPECIFIC, THIS BUILDING AND PROBABLY WILL BE LESS CONFUSING WITH THAT LAYOUT, FRANKLY.

YEAH.

AND THE PARKING SPACE LIKE THIS IS PRETTY SIMILAR TO WHAT'S THERE.

MM-HMM .

THEY JUST KIND OF, THEY HAVE THEIR STRAIGHT IN THAT THEY DO NOT KNOW, WHICH IS LIKE, I THINK IT'S A 10 FOOT WIDE SPACE.

AND THEN THE DOUBLE LINE, WHICH IS TWO FEET WIDE.

SO IT'S, IT LOOKS A LITTLE BIT DIFFERENT, BUT TALKED FACES HERE TOO.

SO THESE, THESE ARE, THESE ARE NEW.

YOU CAN KIND OF SEE IT'S MASS UNDER THERE NOW.

SO, UM, THAT WAS THE AREA THAT I REFERENCED EARLIER.

YES.

LIKE 18 AND A HALF FOOT.

IT'S GONNA PARKING SPACE.

THEY PUT THESE OUT.

SO I GUESS THE REASON I'M ASKING IS, UM, DOES, DOES ANYONE, WHAT IS THE TRAFFIC BOX BEHIND YOU TO THE BUILDING? AND IS THERE ANY DANGER POSED BY ADDING THIS SECOND ROW OF PARKING? WHAT IN WHAT IS NOW GRASSY? UM, AND HAVING LIKE POSING TRAFFIC? YEAH.

IT, IT REALLY JUST, UM, I BELIEVE JUST TO BE TRUCK TRAFFIC BACK THERE.

UM, DO THEY HAVE ANOTHER WAY TO GET OUT? I THINK THEY CAN GO REALLY? PARKING GOES THROUGH THE BACK.

YOU CAN'T GET OUT OF THE BACK.

THERE YOU GO.

OH, THESE PEOPLE, YOU CAN GET OUT THE OTHER WAY AND GO AROUND THE WHOLE THING.

YEAH.

THE, THE DRIVE AISLE LOOPS ALL THE WAY AROUND, UH, AND THE NEW AISLE.

SO IF IT'S JUST AS WIDE AS THE EXISTING.

OKAY.

RIGHT.

SO THE TRUCKS THAT CAN GET THROUGH NOW WOULD STILL BE ABLE TO GET THROUGH BECAUSE IT'S THE SAME WIDTH.

GOT IT.

GOT IT.

SO THEY WOULD STILL BE ABLE TO GET OUT THAT WAY AND GO UP TO ROGER'S THROAT IS WHAT YOU'RE SAYING? YES.

OH YEAH.

AM I UNDERSTANDING IS CORRECTLY.

YEAH.

AND MY ASSUMPTION IS THIS IS THE BEST THEY'D BE ABLE TO DO WHATEVER THEY CAN DO NOW.

IT WOULD'VE BE HEADING, HEADING THIS WAY.

SO I THINK THEY'RE USING THIS ROUTE ALREADY.

THANK YOU.

MM-HMM .

OKAY.

THERE WOULDN'T BE ANY CHANGE IN WHAT ANY OF THE CLERK COULD DO.

IT'S JUST THIS OWN SPACE.

THE MOVE OVER THERE.

YEAH.

MAKES SENSE.

YEAH.

OKAY.

BUILDING DEPARTMENT.

DID YOU HAVE ANYTHING TO ADD? I'M SORRY.

PLANNING DEPARTMENT.

DO YOU HAVE ANYTHING TO ADD? LIKE DBAS, WHAT ABOUT ENGINEERING? DO YOU HAVE ANYTHING? UM, JUST GENERAL COMMENTS.

I MEAN OBVIOUSLY FOR ENGINEERING GRADING IS GOING TO BE THE BIG THING WE'RE GONNA LOOK AT AND THE DRAINAGE.

UM, AS PER ANY ADDITION, OUR QUESTION IS ALWAYS WHERE'S THE ROOF DRAINAGE GOING? SO BE SURE THAT SOMEWHERE IN THE PLANS IT SAYS IF IT'S CONNECTED TO THE EXISTING BUILDING SYSTEM OR YOU HAVE ANY KIND OF NEW ROOF DRAINS.

AND THEN WE'LL LOOK ESPECIALLY AT THAT NEW KIND OF PARKING SPOT TO BE SURE THE GRADING AND DRAINAGE MAKES SENSE DURING OUR FINAL ENGINEERING REVIEW SHOULD THEY GET YOUR, THAT'S REALLY IT.

THANK YOU.

SO ANYBODY ELSE HAS HAVE ANY OTHER QUESTIONS, COMMENTS, CONCERNS? I, I, I TAKE IT THE SILENCE WOULD BE NO.

NOPE.

WE'RE GOOD.

.

UM, SO JOSH, WE JUST HAVE TO SCHEDULE THIS FOR A PUBLIC HEARING.

YEP.

IT WON'T THAT BE ON THE 24TH.

24TH? NO, WE'RE BOOKED AUGUST 7TH.

OKAY.

SO WE CAN SCHEDULE A PUBLIC HEARING ON AUGUST 7TH.

ARE YOU OKAY WITH THAT? UM, YEAH, THAT SHOULD BE FINE.

OKAY.

SO THAT'S WHAT WE'LL DO ALL THOSE IN FAVOR? DO WE HAVE TO I CAN NEVER GET THIS STRAIGHT.

WE HAVE TO VOTE ON THIS OR NO.

ALL THOSE IN FAVOR OF THE

[00:15:01]

HEARING ON THE AUGUST 7TH SAY AYE.

AYE.

NONE OPPOSED.

THERE SOLVES THAT PROBLEM.

ALL RIGHT, WE'LL SEE YOU ON THE 7TH OF AUGUST.

OKAY? ALL RIGHT.

PERFECT.

THANK YOU.

DO I NEED TO BE PREPARED WITH ANYTHING ADDITIONAL FOR THAT OR, UM, IF YOU HAVE ANYTHING IN REGARDS TO THE LANDSCAPING AND THE DRAINAGE, JUST TO YEAH, IN CASE THAT COMES UP IN THE PUBLIC HEARING, THEN WE'LL BE PREPARED TO ANSWER ANY QUESTIONS.

OKAY.

WE NEED THAT FRIDAY OR FRIDAY BEFORE.

SO LIKE THE FOURTH.

SO WHATEVER.

OKAY.

THANK YOU VERY MUCH.

YOU ARE WELCOME.

THANK YOU.

HAVE A GOOD EVENING.

YOU TOO.

WE NEED TO GET THAT PODIUM OUT OF THE CORNER

[00:29:37]

TO

[00:29:37]

ORDER.

WOULD YOU PLEASE ALL RISE

[00:30:10]

INDIVIDUAL LIBERTY JUSTICE TRIAL.

SARAH, COULD YOU CALL THE ROLL PLEASE? YES.

HERE.

SO VERONICA? YES.

GUYS CHATTING HERE.

PHIL CLARK PRESENT, KAILIN PRESENT.

SO FOR THE RECORD, WE HAVE TWO ABSENT TONIGHT.

ABSENT AND EXCUSED KAITLYN MCCORMICK, UNLESS SHE'S NOT ON ZOOM, CORRECT, SHE WOULD NOT REACH OUT TO US.

NOPE.

AND DAN SW OUR ABSENT, UM, EXCUSED TONIGHT.

OKAY.

SO OUR FIRST, UM, CASE IN FRONT OF US TONIGHT IS DATTO DEVELOPMENT, LLC.

UM, THIS IS FOR RILEY AND BAYVIEW, BUT RILEY BOULEVARD AND BAYVIEW ROAD.

THIS IS A REMINDER OF CONTINUATION.

CONTINUATION.

THANK YOU.

THANK YOU JOSH.

YEP.

UM, THIS IS A CONTINUATION OF A PUBLIC HEARING.

DO WE HAVE ANY MORE? WE DIDN'T RECEIVE ANY MORE CORRESPONDENCE? NOPE.

NOT, NO.

SO AT THIS POINT, IS IT OKAY TO CLOSE THE PUBLIC HEARING? SURE, SURE.

YEAH.

OKAY.

UNLESS ANYBODY ELSE WANTS TO SPEAK, UNLESS THERE'S ANYBODY IN THE AUDIENCE.

IS THERE ANYONE HERE THIS EVENING TO SPEAK IN REGARDS TO RILEY AND BOULEVARD AND BAYVIEW ROAD? NONE I CAN'T SEE BECAUSE IS THERE ANYBODY IN THE AUDIENCE THAT WISHES TO SPEAK IN REGARDS TO THIS CASE? ALL RIGHT THEN.

I'M GONNA OFFICIALLY CLOSE THE, UH, PUBLIC HEARING AND, UM, LET THE APPLICANT SPEAK IN THE REPRESENTATIVE.

UM, YES, GOOD EVENING CHAIRPERSON AND MEMBERS OF THE PLANNING BOARD, SEAN HOPKINS OF THE LAW FIRM OF HOPKINS.

SO MCCARTHY ON BEHALF OF THE APPLICANT DATA DEVELOPMENT ALSO WITH ME IS ANTHONY PFE, THE PROJECT ENGINEER FROM CARMINA WOOD DESIGN.

YOU'VE SEEN THIS PROJECT OVER THE COURSE OF MANY MEETINGS THROUGHOUT THIS YEAR.

SO I'M GONNA FOCUS QUICKLY ON WHERE WE'VE BEEN AND WHERE WE'RE AT TODAY.

UH, THIS IS THE PLAN WE ACTUALLY ORIGINALLY PRESENTED TO YOU ON APRIL 17TH.

UM, YOU PROVIDED US WITH A LOT OF INPUT.

WE'LL SHOW YOU WHAT THAT INPUT WAS.

NEXT SLIDE.

IT IS IMPORTANT TO NOTE THAT THIS PROJECT, THE SITE IS ZONED PROPERLY ZONED NEIGHBORHOOD COMMERCIAL DISTRICT.

UM, THAT REZONING WAS APPROVED BY THE TOWN BOARD OCTOBER 22ND, 2022.

AND THEN THE TOWN BOARD ALSO ISSUED A NEGATIVE DECLARATION PURSUANT TO THE STATE ENVIRONMENTAL ACT AS WELL.

NEXT SLIDE.

THIS PROJECT IS A TOWNHOUSE PROJECT.

WE'VE WE'RE NOW VERY FAMILIAR WITH THE SPECIFIC PROVISIONS IN THE CODE BECAUSE OF THE BREYER CLIFF PROJECT THAT DID TRIGGER THE NEED FOR SOME VARIANCES FROM THE ZONING BOARD OF APPEALS.

THE VARIANCES THAT WE NEEDED FROM THE ZONING BOARD OF APPEALS WERE GRANTED BY THE ZONING BOARD OF APPEALS DURING ITS MEETING, UM, EARLIER THIS MONTH.

NEXT SLIDE.

THIS IS THE PLAN THAT WE PRESENTED YOU ON MAY 1ST.

BASED ON THE INPUT WE RECEIVED, WE ADDED A SIDEWALK CONNECTION TO RILEY BOULEVARD.

WE ADDED A RECREATIONAL TRAIL THAT INCLUDES A PEDESTRIAN CONNECTION TO BAYVIEW AND WE ALSO DEPICTED WHERE THE REQUIRED RECREATIONAL SPACE WILL BE, WHICH IS 500 SQUARE FEET PER UNIT FOR A TOTAL OF 22,000 SQUARE FEET AND SHOWED SOME BENCHES IN GAZEBO.

SO WE'VE MADE SOME PRETTY SUBSTANTIAL ENHANCEMENTS TO THE PROJECT LAYOUT BASED ON YOUR INPUT.

NEXT SLIDE.

IN TERMS OF PROJECT UPDATE, AS I INDICATED, UM, YOU HAD REFERRED THIS PROJECT TO THE ZONING BOARD OF APPEALS DURING YOUR MEETING ON JUNE AND ON JULY 2ND.

THE ZONING BOARD GRANTED THE EIGHT SEPARATE VARIANCES, ALL OF WHICH REALLY PERTAIN TO THE FACT THAT AGAIN, THIS IS A TOWNHOUSE PROJECT AND WHY THAT'S IMPORTANT.

IT MEANS IF WE WEREN'T SELLING THESE UNITS, IF THEY WERE EITHER FOR LEASE OR IF WE WERE UTILIZING THE CONDOMINIUM FORM OF OWNERSHIP, WHICH WE HAVE THE LEGAL RIGHT TO DO, WHICH WOULD RESULT LESS TAXES, NONE OF THOSE WOULD BE REQUIRED.

HOWEVER, BECAUSE THEY'RE INDIVIDUAL UNITS FOR SALE, NOT UTILIZING CONDOMINIUM FORM, THOSE VARIANCES WERE REQUIRED.

NEXT SLIDE.

THIS IS THE MOST RECENT UPDATED PRELIMINARY PLAT.

IT IS IMPORTANT TO NOTE THAT DURING YOUR MEETING ON MAY 15TH, YOU CONFIRM THAT THERE IS NOT A NEED FOR AN ADDITIONAL SECRET DETERMINATION BASED ON THE COORDINATED ENVIRONMENTAL REVIEW THAT WAS CONDUCTED BY THE TOWN BOARD RESULTING IN ITS ISSUANCE OF A NEGATIVE DECLARATION ON OCTOBER 22ND, 2022.

WE ALSO ADDED A PICNIC SHELTER WITH TABLES IN THE RECREATIONAL AREA.

ALONG BAYVIEW, SOME FURTHER ENHANCEMENTS, WE ADDED A LANDSCAPE BERM ALONG BAYVIEW AND WE ELIMINATED THE RECREATIONAL TRAIL CONNECTION TO BAYVIEW.

'CAUSE IT REALLY DOESN'T MAKE MUCH SENSE.

THERE'S NO WAY TO GO FROM THERE.

SO THAT IS THE CURRENT PLAN.

NEXT SLIDE.

SO BASICALLY, IN LIGHT OF ALL THAT, AND IN LIGHT OF THE FACT THAT THIS IS A CONTINUATION OF A PUBLIC HEARING, WE ARE ASKING YOU TO CONSIDER GRANTING PRELIMINARY PLAT THIS EVENING SUBJECT TO APPROPRIATE CONDITIONS.

UM, OBVIOUSLY THEN ANTHONY WILL WORK WITH KAMI IN ADDRESSING ANY ADDITIONAL TECHNICAL REQUIREMENTS.

[00:35:01]

WE THINK WE'VE COME A LONG WAY SINCE WE STARTED THIS REVIEW PROCESS AND ANTHONY AND I WOULD BE AVAILABLE TO ANSWER ANY QUESTIONS TO ANY OF YOU MAY HAVE.

THANK YOU.

UM, PLANNING DEPARTMENT, DO YOU HAVE ANYTHING ELSE TO OFFER ENGINEERING? NOTHING ELSE.

STOP.

UM, WHAT IS THE ENGINEERING DEPARTMENT COMMENT LETTER DATE JULY 9TH.

BOARD MEMBERS, DO YOU HAVE ANYTHING FURTHER TO QUESTION? I JUST GOT ONE IS IS THIS A SENIOR DIVIDE? I'M, NO, I KNOW THERE'S TWO OF THEM THERE.

SO THERE WILL BE, IS THERE ANY BUS SHELTER FOR THE KIDS SCHOOL BUS SHELTER? NO.

SO CAN WE GO BACK TO THE CURRENT SLIDE? SO THIS HAS BEEN DESIGNED SO IT CAN ACCOMMODATE SCHOOL BUSES, UH, MR. CHAPMAN.

RIGHT? SO THEY'LL GO RIGHT INTO THE, THEY WILL AND IT'S NOT, I ALSO WANT TO KNOW, WHILE IT'S NOT EXCLUSIVELY SENIORS, WHAT WE'RE GONNA FIND HERE IS THERE WILL BE A LOT OF SENIORS BECAUSE THERE ARE PEOPLE THAT LIVE IN HAMBURG, HAVE A BIG HOUSE, DON'T WANNA BE RESPONSIBLE FOR LAWN AND MAINTENANCE, ET CETERA.

AND THEY'LL PROBABLY MOVE HERE.

SO I I WOULD SAY YOU'RE GONNA SEE PREDOMINANTLY SENIORS AND EMPTY NESTERS LIVING HERE.

THANK YOU.

YOU'RE WELCOME.

ANYONE ELSE? I WANNA SAY I APPRECIATE THE RESPONSE TO ALL OF OUR COMMENTS AND QUESTIONS AND SUCH WITH THE REVISIONS TO THE SITE PLAN AND SO FORTH AND LANDSCAPING.

SO THANK YOU.

YOU'RE WELCOME.

AND AGAIN, WE APPRECIATE YOU PROVIDING INPUT AND GIVING US TIME TO ADDRESS IT.

UM, OKAY, WE HAVE A RESOLUTION.

WOULD SOMEBODY LIKE TO READ IT? OKAY.

YOU'RE ON.

WHERE IS THE DONNA HAMBURG RECEIVED A SUBDIVISION APPLICATION FROM DAD DEVELOPMENT LLC FOR THE CONSTRUCTION OF A 44 UNIT TOWNHOUSE SUBDIVISION ON 4.88 ACRES OF VACANT LAND LOCATED IN THE SOUTHWEST CORNER OF RALEIGH BOULEVARD AND BAYVIEW ROAD.

AND WHEREAS THE HAMBURG PLANNING BOARD HAS DETERMINED THAT THE ENVIRONMENTAL REVIEW REVIEW PROCESS FOR THE PROPOSED PROJECT WAS PREVIOUSLY COMPLETED AS A RESULT OF A NEGATIVE DECLARATION ISSUED BY THE HAMBURG TOWN BOARD ON OCTOBER 24TH, 2022, AFTER ACCORDING REVIEW WAS COMPLETED PURSUANT TO SEEKER, UH, IN CONNECTION WITH APPROVED REZONING OF THE PROJECT SITE FROM C TWO TO NC.

AND WHEREAS THE HAMBURG PLANNING BOARD HELD A REQUIRED PUBLIC HEARING ON 6 5 24 AND RECEIVED INPUT FROM THE TOWN DEPARTMENTS AND ADVISORY BOARDS.

AND WHEREAS THE HAMBURG PLANNING BOARD HAS DETERMINED THAT THE PROPOSED PRELIMINARY PLAT SUBDIVISION APPLICATION IS IN ACCORDANCE WITH THE TOWN OF HAMBURG SUBDIVISION CODE AND THE TOWN'S TOWNHOUSE REGULATIONS IN THE ZONING CODE.

NOW THEREFORE BE RESOLVED THAT THE HAMBURG PLANNING BOARD HEREBY ISSUE PRELIMINARY SUBDIVISION APPROVAL WITH THE FOLLOWING CONDITION.

I'M SORRY, YOU FORGOT A SECTION.

WHEREAS THE PUBLIC, THE PROJECT REQUIRED VARIANCES AND THOSE VARIANCES WERE GRANTED BY HUNDRED ZONING BOARD OF APPEALS ON JUNE, LAST SECOND 2024.

SKIP THE LAST VARIANCE.

OH NO, THAT'S THE PUBLIC.

NO, IT'S NOT WHAT WAS, WASN'T OUR ONE THAT WE HAD FOR UM, THIS IS WHAT WAS IN SHAREPOINT.

OKAY, SO IT CHANGED.

YEAH, THAT WAS THE ONE THAT YOU HAVE IS FROM WEEKS AGO.

THAT'S THE .

YEAH.

AFTER THE, BUT SHAREPOINT WASN'T UPDATED THEN, I'M SORRY.

SHAREPOINT WASN'T OKAY.

AFTER THE TOWNHOUSE REGULATIONS AND THE ZONING CODE AND WHEREAS THE PROJECT REQUIRED VARIANCES AND THOSE VARIS WERE GRANTED BY THE HAMBURG ZONING BOARD OF APPEALS ON JULY 2ND, 2024.

NOW THEREFORE BE IT RESOLVED THAT THE HAMBURG PLANNING BOARD HEREBY ISSUES PRELIMINARY SUBDIVISION APPROVAL WITH THE FOLLOWING CONDITIONS.

APPROVAL IS CONTINGENT UPON THE ENGINEERING DEPARTMENT COMMENT LETTER DATED JULY 9TH, 2024.

RECREATION FEES IN LIEU OF LAND WILL BE REQUIRED AS THERE ARE NO APPROPRIATE LANDS FOR DEDICATION TO THE TOWN.

THREE SIDEWALKS SHALL BE CONSTRUCTED AS ILLUSTRATED ON THE APPROVED PLANS ALONG RILEY BOULEVARD FROM THE ENTRANCE TO BAYVIEW ROAD AND ALONG BAYVIEW ROAD.

FOUR OPEN SPACE LANDSCAPING AMENITIES SHALL BE PROVIDED AS DEPICTED ON SHEET C 100.

ANYTHING ELSE? NO.

OKAY.

NOTHING.

SO WHAT'S BEEN MOVED? IS THERE A SECOND FOR THIS RESOLUTION? SECOND.

IT'S BEEN MOVED.

AND SECOND.

ALL THOSE IN FAVOR? AYE.

AYE.

AYE.

NONE OPPOSED A THANK YOU.

ALL SET.

THANK YOU.

WHAT? IT'S NOT IN THE TOPIC.

SO THE PROBLEM IS IF YOU GO TO THE PDF FOR TODAY'S AGENDA AND CLICK ON THE LINK FOR THIS PART OF THE MEETING AND THEN GO INTO RESOLUTIONS THERE, IT'S, THAT'S NOT THE RESOLUTION THAT'S THERE.

RIGHT? THAT'S WHAT I'VE SAID.

IT'S

[00:40:01]

NOT, IT'S IN A DIFFERENT SPOT.

IT'S IN MEETING MATERIALS.

TODAY'S OR TODAY'S DATE FOR THE MEETING.

AND THEN THERE'S A CELL FOLDER THAT'S OF THE RESOLUTIONS, BUT THE DATE, NOT NECESSARILY IN THE PROJECT FOLDER.

THAT'S WHY I ALWAYS ASK FOR HARD COPIES FOR ME AT THE MEETING.

JUST HAVE THE TIME.

WE DON'T HAVE THE INTERNET AND THE OTHER TIMES, YOU KNOW, WE DON'T HAVE EVERYTHING WE NEED.

OKAY.

SO LET'S MOVE ON.

UM, OUR NEXT PROJECT IS, OR OUR NEXT CASE IS, UM, DATA DEVELOPMENT REQUESTING.

THIS IS FOR THE 57 UNIT TOWN HOME DEVELOPMENT LOCATED AT, UM, BRIARCLIFF DRIVE.

AND THE APPLICANT IS HERE, UH, IS GOING TO THE ZBA ON AUGUST 6TH TO REQUEST VARIANCES FOR THE OWNERS OF THE UNITS TO DECIDE WHETHER THEY WANT PATIO OR DECK.

SO I'M GONNA LET YOU EXPLAIN THIS 'CAUSE RIGHT.

SO, SO VERY BRIEFLY, AGAIN, THIS IS A TOWN HOME PROJECT THAT WAS PREVIOUSLY APPROVED.

WE RECEIVED VARIANCES FROM THE ZONING BOARD OF APPEALS, INCLUDING A VARIANCE FROM THAT REQUIREMENT.

BASICALLY WHAT WE'RE FINDING IS PEOPLE DON'T WANNA BE TOLD SPECIFICALLY WHETHER THEY NEED TO HAVE A DECK OR A PATIO AND WHAT SIZE.

SO WE'RE ASKING FOR A VARIANCE.

SO IT WOULD PROVIDE ULTIMATELY THE PURCHASERS OF THOSE UNITS WITH THE FLEXIBILITY OF DECIDING ONE OF THREE OPTIONS.

THEY WANT A DECK, WHATEVER SIZE THAT WOULD BE ON A PATIO, WHATEVER SIZE THAT WOULD BE.

OR THEY PREFER NOT TO HAVE EITHER, WHICH WE THINK WILL BE KIND OF FEW AND FAR BETWEEN, BUT THERE'S SOME PEOPLE THAT JUST DON'T NEED OUTDOOR SPACE OR ARE NOT INTERESTED IN USING OUTDOOR SPACE.

SO THAT'S WHY WE'RE ASKING FOR THAT PARTICULAR VARIANCE FROM THE ZONING BOARD APPEALS, THAT EXACT SAME VARIANCE WAS GRANTED, UH, FOR THE RILEY BOULEVARD TOWN HOMES THAT YOU JUST APPROVED.

AND THIS GOES BACK TO THE CONVERSATIONS THAT WE'VE HAD ON HAVING A FILL THE WORD IN PATIO DA PATIO IS REQUIRED, RIGHT? 250 SQUARE.

WHAT IT SAYS IN THE CODE IS IT SAYS 250 SQUARE FEET PATIO.

SO THE VARIANCE IS, AND WE DON'T KNOW HOW PATIO IS DEFINED, WHETHER THAT'S POUR CONCRETE OR BRICKS OR DECK, THAT WAS THE CONVERSATION.

WELL GENERALLY A PATIO AND I THINK SARAH, YOU'VE BEEN INVOLVED.

YEAH, GO AHEAD SIR.

ACCORDING TO THE BUILDING REQUIREMENT, PATIO AND A DECK ARE INTERCHANGEABLE.

OKAY.

SO THE CODE DOES SAY PATIO FROM URGE AND MEET THIS REQUIREMENT.

WE WANNA GIVE PEOPLE THE OPTION OF BUILDING MATERIAL SIZE AND EXISTENCE.

RIGHT? RIGHT.

AND THEN IF SOMEONE WANTS A 400 FOOT DECK AND THEY HAVE ROOM, WHY NOT? MM-HMM .

SO THIS DOESN'T CHANGE THE PLAN ANY, NO.

SO THE APPROVED PRELIMINARY PLAN, SARAH AND JOSH CAN CONFIRM, WOULD REMAIN EXACTLY AS IS BECAUSE IT DOESN'T SH IT DOESN'T SHOW THAT THEY JUST NEED A REFERRAL FROM YOU SO THEY CAN GO TO THE ZPA AND TRY.

RIGHT.

MEANING WE DON'T NEED TO COME BACK FROM YOU IF THE VARIANCE IS GRANTED, IF THERE'RE STILL GONNA BE PATIOS AND OR DOCS OR NOTHING.

RIGHT? RIGHT.

AND IT'S JUST UP TO THE APPLICANT OR THE HOME, THE PURCHASER.

IT'LL BE UP TO THE PURCHASER.

IF THEY DON'T WANNA PAY PATIO, THEY DON'T NEED TO GO GET A VARIANCE.

RIGHT.

BUT IF THEY WANT A PATIO AND THEY WANT IT BIGGER THAN WHAT YOU'RE PROVIDING, THEY CAN DO THAT.

OKAY.

BUT THEY DON'T, THE CODE DOESN'T, THEY DON'T ALL HAVE TO GO GET A VARIANCE.

NO.

RIGHT? THAT'S THE THING.

IF YOU WANT IT, IF YOU, OTHERWISE, THOSE INDIVIDUAL PURCHASERS WOULD'VE TO COME BACK ON THEIR OWN AND GET A VARIANCE AND, YOU KNOW, THAT WOULD BE PROBLEMATIC.

EACH, EACH INDIVIDUAL.

THIS WAY THEY DON'T HAVE TO DO THAT.

RIGHT.

AND THEN WHEN THEY GET THEIR EXPERIMENTS, THEY'LL BE TOLD WHAT MATERIALS ARE OKAY AND WHAT AREN'T.

RIGHT.

IT MAKES SENSE.

I DON'T HAVE ANY PROBLEM WITH IT.

I, I DIDN'T UNDERSTAND IT THAT WAY.

I THOUGHT IT WAS THE OTHER WAY AROUND.

SO I DON'T HAVE A PROBLEM WITH THAT NOW THAT IT'S BEEN EXPLAINED.

ANYBODY ELSE? ANY BOARD MEMBERS? SO JOSH, WHERE DO WE GO FROM HERE TO, UM, DO WE NEED A RESOLUTION? WE JUST SEND A REFERRAL? NOPE, WE DON'T REALLY HAVE TO DO ANYTHING.

OKAY.

SO WE CAN JUST SAY GO TO THE ZBA.

YEAH, I THINK DON'T, I I BELIEVE THE BUILDING DEPARTMENT WOULD SAY WE NEED A RESOLUTION REFERRAL.

THEY DON'T.

OKAY.

THEY JUST HAVE TO KNOW THAT, THAT YOU'RE AWARE OF WHAT THEY'RE GOING, WHAT THIS GROUP IS AWARE OF WHAT YOU ARE GOING TO HAVE.

OKAY.

AND THAT'S FINE AS LONG AS WE'RE SUFFICIENT FOR GETTING ON THE ZB AGENDA.

WE'RE GOOD.

OKAY.

AND YOU HAVE ANOTHER CASE? I DO IN FRONT OF US.

OKAY.

SO OUR CASE THREE IS NILE'S AVENUE.

ALRIGHT.

HE HAS ALL OF THEM .

THANK YOU.

UM, I NI AVENUE REQUESTING, UM, APPROVAL.

WELL WE ALREADY, WE ALREADY GRANTED THE APPROVAL FOR THE PRELIMINARY PLA YOU GUYS WANNA SEE A, A HARD COPY OR NOT? YEAH.

DO WE PUT IT THERE? YES, THAT'D BE GREAT.

IT WILL BE UP THERE, BUT IF SOMEONE WANTS A FULL SIZE RIGHT, THAT WOULD BE GREAT IF WE COULD SEE IT.

SO, OKAY, BEFORE WE GET INTO THIS, I'M GONNA CALL ON THE ENGINEERING DEPARTMENT

[00:45:01]

BECAUSE THIS IS SOMETHING UNUSUAL AND TAMMY EXPLAINED IT VERY WELL THE OTHER DAY.

SO THE APPLICANT IS BEEN ADVISED BY ERIE COUNTY TO CHANGE THE, AND YOU COULD TAKE IT FROM THERE.

OKAY, WELL YES.

UM, BASED ON THE CONVERSATION THAT CINDY AND I HAD THIS WEEK, WE WANTED TO BE SURE THAT THE PLANNING BOARD, AND THIS EXISTS THE PUBLIC AS WELL, UNDERSTAND KIND OF WHERE THIS IS COMING FROM AND MORE OF HOW THE STANDARD IS DONE IN THIS AREA AND WHY THIS IS KIND OF A CHANGE AND A SPECIAL REQUEST.

SO IT TYPICALLY, IF YOU WANT TO BUILD A SUBDIVISION IN THE TOWN OF HAMBURG, YOU ARE DEALING WITH ERIE COUNTY SEWER DISTRICT.

THEY RUN, OWN AND OPERATE THE SEWERS.

AND EACH HOME WILL OBVIOUSLY HAVE A SEWER LINE AND WANT TO BE CONNECTED TO THESE SEWERS.

SO YOU HAVE TO GO TO ERIE COUNTY SEWER DISTRICT FOR THEIR POOL.

IN DOING SO, ERIE COUNTY SEWER DISTRICT ASKS YOU FOR SEVERAL THINGS.

ONE OF THE THINGS THAT THEY ASK FOR WHEN YOU HAVE A SUBDIVISION OF A CERTAIN SIZE IS THAT YOU ELIMINATE INI.

AND I KNOW THAT WORD OR ACRONYM IN THIS CASE HAS BEEN KICKED AROUND A LOT.

AND THIS IS A GOOD OPPORTUNITY TO BE SURE EVERYONE UNDERSTANDS WHAT THAT IS.

INI IS INFLOW AND INFILTRATION.

SO SANITARY SEWERS ARE DESIGNED TO BE FAIRLY SEALED SYSTEM AND THEY ARE DESIGNED TO TAKE WASTEWATER, COMMONLY KNOWN AS SEWAGE FROM HOMES, BUSINESSES AND EVERYTHING.

EVERY CONSTRUCTED STRUCTURE INTO THE TREATMENT PLANT WHERE THAT WATER IS CLEANED AND MADE ACCEPTABLE TO GO BACK INTO THE NATURAL ENVIRONMENT INFLOW AND INFILTRATION IS WATER THAT DOES NOT BELONG THERE.

GETTING INTO THAT SEWER SYSTEM, COMMON AREAS ARE CRACKS OF OLDER PIPES, LOOSE JOINTS, ROOTS THAT HAVE INVADED INTO THE PIPE AND CAUSED KIND OF THIS, THESE PATHWAYS WHERE TYPICALLY RAINWATER SNOWBALLS, OF COURSE IN OUR AREA GETS INTO THE PIPE AND GOES THROUGH THE SYSTEM.

SO A WASTEWATER TREATMENT PLANT ON A DRY DAY RECEIVES A MUCH SMALLER AMOUNT OF FLOW THAN ON A RAINY DAY.

AND WHAT THAT TELLS YOU IS THAT TREATMENT PLANT IS NOT JUST TREATING WASTEWATER, IT IS TREATING A LOT OF RAINFALL, SNOW, MELT AND WATER THAT IS NOT REALLY INTENDED TO GO THROUGH THIS FULL TREATMENT SYSTEM.

IT'S INTENDED TO STAY IN THE MORE NATURAL SYSTEM IN OUR WATERWAYS AND SO ON.

SO WHAT ERIE COUNTY SEWER DISTRICT REQUIRES IS THAT YOU TAKE OUT, AND THIS IS NOT A ONE FOR ONE TAKEOUT, THIS IS ACTUALLY A ONE TO FOUR TAKEOUT.

SO IF YOU ARE PUTTING IN A CERTAIN AMOUNT OF HOMES, THEY REQUIRE THAT YOU ELIMINATE FOUR TIMES AS MUCH OF THIS WATER THAT IS NOT SUPPOSED TO GO INTO THE SYSTEM SOMEWHERE ELSE IN THE SYSTEM.

SO TYPICALLY THESE ARE REPAIRS OR ITEMS DONE IN ADJACENT NEIGHBORHOODS IN THE TOWN OF HAMBURG LOCALLY THAT ARE FEEDING THE SAME SYSTEM.

SO WHAT WE FOUND, ERIE COUNTY SEWER DISTRICT DOES A VERY GOOD JOB AT TAKING CARE OF THE MAIN LINES THAT ARE IN YOUR ROAD.

BUT THAT LINE THAT GOES TO YOUR HOUSE IS THE RESPONSIBILITY OF THE HOMEOWNER.

AND MANY OF US ARE HOMEOWNERS, HAVE BEEN HOMEOWNERS, I PERSONALLY HAVE HAD TO DEAL WITH THIS.

HAVING TO DO A REPAIR OF THAT LINE THAT RUNS IN YOUR FRONT YARD IS SEVERAL THOUSAND DOLLARS AND IS A HUGE INCONVENIENCE.

BUT WHEN YOU HAVE PROBLEMS WITH YOUR SANITARY LINE, YOU HAVE PROBLEMS IN YOUR HOME.

SO WHAT THE INDUSTRY HAS FOUND IS THAT THOSE HOME LATERALS ARE A BIG SOURCE OF WHERE THIS INI IS COMING INTO THE SYSTEM.

NOW IF YOU ARE STRUGGLING AND KNOW THAT YOU HAVE A SEWER PROBLEM, YOU GET ON ERIE COUNTY SEWER DISTRICT HAS A LATERAL LATERAL REPLACEMENT PROGRAM.

UNFORTUNATELY IT CAN TAKE ONE TO TWO YEARS TO GET YOUR LATERAL ADDRESSED.

BUT THAT LIST OF PEOPLE IS OFTEN THEN TAKEN AND GIVEN TO DEVELOPERS SUCH AS THIS TO BASICALLY SAY, IN ORDER TO DO YOUR ONE TO FOUR ELIMINATION, WE WANT YOU TO REPAIR THE FOLLOWING LIST OF HOME LATERALS.

AND THERE'S A, A STANDARD TABLE IN THE INDUSTRY THAT SAYS, FOR EVERY LATERAL YOU REPAIR, IT TAKES THIS MUCH WATER OUT OF THE SYSTEM.

AND SO THE ENGINEERS DO THE MATH AS WE DO THE NEW DEVELOPMENT PUTS THIS MUCH WATER IN WASTEWATER.

WE WANNA ELIMINATE THIS INI TO FOUR TIMES THAT AMOUNT.

AND WE DO IT BY DOING THIS LIST OF ITEMS. TYPICALLY, UH, 99% OF THE SUBDIVISIONS THAT I SEE AS A MUNICIPAL ENGINEER, IT IS HOME LATERALS THAT GET REPAIRED AS A RESULT OF THESE SUBDIVISIONS.

THIS IS WHERE THIS BECOMES KIND OF A UNIQUE CASE.

ERIE COUNTY SEWER DISTRICT HAS COME TO THEM WITH A SPECIAL REQUEST AND I'LL LET THEM SPEAK TO IT.

I DON'T HAVE ALL THE DETAILS OF THE PRODUCT PROJECT THAT THEY WANNA DO, BUT THEY HAVE ASKED FOR IN LIEU OF DOING THESE INI REPAIRS FOR HOME LATERALS, THEY HAVE ACTUALLY ASKED FOR A SEWER EASEMENT

[00:50:01]

ON ONE OF THE LOTS INVOLVED IN THIS PROJECT.

SO THIS IS A UNIQUE SITUATION.

UM, I DON'T SEE THIS VERY OFTEN.

IT'S FEW AND FAR BETWEEN PROJECTS THAT GET SPECIAL REQUESTS FOR MARY COUNTY SEWER DISTRICT, BUT IN THE, IN THE DESIRE TO WORK TOGETHER AND FOR EVERYONE TO BUILD THE BEST PRO PROJECT THEY CAN AND FOR OUR SEWERS TO RUN PROPERLY, IT'S IN EVERYONE'S UM, EVERYONE'S INTERESTS THAT THESE TYPES OF SPECIAL PROJECTS AND OPPORTUNITIES BE TAKEN ADVANTAGE OF WHEN THEY CAN.

AND I THINK THAT'S A GOOD PLACE.

BUT IF YOU HAVE QUESTIONS SPECIFICALLY ON HOW THIS GENERALLY WORKS, NOW IS A GOOD TIME TO ASK AND THEN WE'LL GET SPECIFICALLY INTO THE PROJECT.

ANYBODY HAVE ANY ADDITIONAL QUESTIONS? AND I JUST WANNA FOLLOW YOU TO, OKAY, A PERFECT EXAMPLE WOULD BE LIKE WHERE I LIVE IN WILLIAMSVILLE, BELIEVE IT OR NOT, IF YOU HAVEN'T GOTTEN IT REPLACED, THE PIPES ARE STILL CLAY.

SO LITERALLY, I MEAN WATER IS JUST ALWAYS GOING INTO THOSE.

SO UNTIL YOU'RE, BUT NO ONE FORCES YOU TO REPLACE IT TILL YOU SELL YOUR HOUSE.

SO NOW YOU CAN CONTINUE WITH, OKAY, WHERE WE'RE ARE, RIGHT? THANK YOU BY THE WAY FOR THAT EXPLANATION.

SO I'M GONNA GO BACK IN TIME WITH RESPECT TO THIS SUBDIVISION.

GO BACK IN TIME BEFORE ESSEX UM, HAD THIS UNDER CONTRACT.

AND BY THE WAY ALSO WITH ME ARE KEVIN CURRY FROM ESSEX HOMES OF WEST NEWARK AND DOUG FEZ.

DOUG FA LIKE THE DRUGSTORE FROM CARMINA WOOD DESIGN.

SO ORIGINALLY AT THE REQUEST OF THE PREVIOUS APPLICANT, MR. RUSSO FRANK RUSSO, ON FEBRUARY 1ST, 2023, YOU APPROVED A 14 LOT SUBDIVISION.

GRANTED PRELIMINARY PLA IT'S ALSO IMPORTANT TO NOTE THAT WHILE WE THOUGHT IT HAD OCCURRED AND IT WAS REPRESENTED TO US THAT IT OCCURRED BY THAT APPLICANT, THEY HAD NOT ACTUALLY OBTAINED SANITARY SEWER APPROVAL FROM ERIE COUNTY AND WE'RE NOT BLAMING THEM.

UH, YOU KNOW, IT WAS NOT A DEVELOPER FOR THAT 14 LOT SUBDIVISION.

SO THIS IS THE SUBDIVISION THAT WAS ORIGINALLY APPROVED.

YOU'LL NOTICE IF YOU LOOK AT THE CUL-DE-SAC AND SPECIFICALLY THOSE TWO LOTS ON THE RIGHT SIDE THAT ARE NOT AS DEEP AND THE ONE LOT ON THE LEFT SIDE THAT IT INCLUDED SOME FLAG LOTS MEANING LOTS THAT HAVE NARROWER FRONTAGE BUT THEN OPEN UP DEEPER AS THEY GO BACK.

WHILE THAT CAN BE DONE AND IT CAN WORK FROM ESSEX'S PERSPECTIVE, IT RESULTS IN A SUBDIVISION OR IN A NEIGHBORHOOD THAT DOESN'T HAVE THE DEGREE OF UNIFORMITY THAT THEY WOULD LIKE TO SEE.

SO LET'S GO TO THE NEXT SLIDE.

SO WHAT WE DID VOLUNTARILY IS WE REDUCED THAT NUMBER OF LOTS FROM 14 TO 12 AND YOU CAN SEE WHERE THOSE FLAG LOTS ARE NOW GONE.

WE ALSO SHORTENED THE CUL-DE-SAC.

UH, THE BENEFIT OF THAT IS IT'S NOT AS CLOSE TO THOSE RESIDENTIAL PROPER OWNERS TO THE SOUTH ALONG LINWOOD, YOU ULTIMATELY GRANTED PRELIMINARY PLAT APPROVAL FOR THIS LAYOUT, THE 12 LOT SUBDIVISION ON SEPTEMBER 20TH OF LAST YEAR.

NEXT SLIDE.

AND THEN NOW HOW DID WE GET TO WHERE WE ARE TODAY? FOLLOWING UP ON BASICALLY WHAT CAMMIE SAID.

SO AFTER WORKING VERY CLOSELY, DOUG AND KEVIN WITH THE ERIE COUNTY DIVISION OF SEWER MANAGEMENT, ULTIMATELY RATHER THAN THE TYPICAL INI WHICH SHE EXPLAINED, THAT APPLIES TO ANY PROJECT THAT GENERATES MORE THAN 2,500 GALLONS OF SANITARY SEWER PER DAY.

THE COUNTY IN THIS INSTANCE CAME BACK AND SAID WHAT WE WOULD LIKE IS A 30 FOOT WIDE SANITARY SEWER EASEMENT DIRECTLY SOUTH OF LOT THREE.

AND I'VE HIGHLIGHTED THAT AREA WHICH WILL THEN CONNECT INTO AN EXISTING SANITARY SEWER EASEMENT THAT RUNS AT A 45 DEGREE ANGLE.

UM, IT'S IMPORTANT TO NOTE THAT THAT WAS NOT REQUESTED FOR THE BENEFIT OF THIS SUBDIVISION ONLY IS FOR A MUCH LARGER AREA.

THIS HELPS ERIE COUNTY DIVISION SEWER MANAGEMENT AND SPECIFICALLY ERIE COUNTY SANITARY SEWER DISTRICT NUMBER THREE IN ACCOMMODATING WHAT WOULD OTHERWISE BE AN UNATTAINABLE UNATTAINABLE TECHNICAL SOLUTION FOR THAT AREA.

MEANING THIS SAYS THIS IS NOT JUST BENEFITING US, THIS IS BENEFITING A MUCH LARGER AREA BECAUSE OF THAT, IF WE'RE GOING TO COMPLY WITH THAT AND WE'RE GOING TO COOPERATE WITH THE COUNTY, WHICH ISN'T EVERYONE'S BEST INTEREST AND CERTAINLY IN THE INTEREST OF THE OFFSITE PROPERTY OWNERS THAT WOULD BENEFIT IN THE TOWN OF HAMBURG, WE HAD TO CHANGE THE LAYOUT.

WE WERE FORCED TO CHANGE THE LAYOUT.

WE'RE PERFECTLY HAPPY WITH THE LAYOUT THAT YOU APPROVED ON SEPTEMBER 20TH OF LAST YEAR, BUT WE HAD TO CHANGE THE LAYOUT.

NEXT SLIDE.

SO WHAT WE DID IS WE FILED A PRELIMINARY PLAT APPLICATION ON JUNE 7TH, INCLUDED AN UPDATED SHORT EAF, THERE'S ABSOLUTELY NO CHANGES FROM AN ENVIRONMENTAL PERSPECTIVE, COPY OF THE UPDATED PLAN, THE SURVEY, AND THEN OF COURSE THE MINUTES OF THAT MEETING HELD ON SEPTEMBER 20TH LAST YEAR.

NEXT SLIDE.

WHAT THIS REQUIRED US TO DO WAS CONSIDER CHANGING THE LAYOUT LOTS BECAUSE WE CAN'T AFFORD TO LOSE ANY ADDITIONAL LOTS AND IT DID TRIGGER THE NEED FOR WHAT WE BELIEVE ARE SOME MINOR VARIANCES.

[00:55:01]

AND I'M GONNA GO OVER THOSE VERY QUICKLY BECAUSE WHAT WE NEED TONIGHT IS A REFERRAL OR YOUR CONSENT THAT WE CAN GO TO THE ZONING BOARD OF APPEALS.

SO THE SIZES OF LOTS SEVEN THROUGH 12, WHICH ARE ON THE RIGHT HAND SIDE OVER THERE, ARE SLIGHTLY LESS THAN 10,000 SQUARE FEET.

AND THEY RANGE FROM 9,000 OR 9,136 OR 9,217 SQUARE FEET IN THAT GENERAL RANGE.

SO WE'RE SLIGHTLY UNDER EVERY SINGLE LOT THAT WE'VE MODIFIED OF THOSE LOTS IS OVER 9,000 SQUARE FEET, BUT LESS THAN 10,000 SQUARE FEET.

AND THEN THAT SAME ROW OF LOTS WITH ONE ADDITIONAL LOT, LOT SIX, WE'RE ALSO SEEKING A REAR YARD SETBACK.

SO YOUR ZONING CODE SPECIFICALLY SECTION TWO 80 DASH 41 C REQUIRES A REAR YARD SETBACK OF 30 FEET.

WE'RE ASKING FOR A REAR YARD SETBACK OF 23 FEET, BUT LIMITED TO FIRST FLOOR SUNROOMS ONLY.

MEANING THE ONLY INSTANCE IN WHICH YOU CAN GET A VARIANCE AND THE ONLY IN THE ONLY INSTANCE IN WHICH YOU CAN BUILD CLOSER THAN 30 FEET IS IF YOU ARE BUILDING A FIRST FLOOR SUNROOM.

UM, ESSEX FINDS THAT THAT'S BECOME A VERY POPULAR OPTION.

UM, THE DEMAND FOR THAT INCREASED DRAMATICALLY AS A RESULT OF THE COVID-19 PANDEMIC BECAUSE GENERALLY ONE OF THE THINGS YOU'LL FIND PEOPLE USE THAT FOR IS AN OFFICE WITH PEOPLE WORKING FROM HOME EXCLUSIVELY OR WORKING FROM HOME PART-TIME.

IT WINDS UP BEING A BEAUTIFUL ROOM WITH A LOT OF UM, TRANSPARENCY.

SO WE WANT TO PROVIDE PEOPLE WITH THAT OPTION.

WILL EVERYONE THERE DO IT? NO, BUT WE PROVIDE THEM WITH THAT OPTION.

NEXT SLIDE.

SO BASICALLY WHAT WE'RE ASKING YOU TO CONSIDER IS A REFERRAL TO THE ZBA AND THEN BECAUSE THE CHANGES ARE SO MINOR, WE WOULD ASK THAT YOU PUT THIS ON YOUR AGENDA FOR AUGUST 7TH AND AUTHORIZE THE PLAN DEPARTMENT TO PREPARE A RESOLUTION APPROVING THE AMENDED PRELIMINARY PLAT.

AGAIN, I WANT TO EMPHASIZE THIS IS A CHANGE THAT'S A RESULT OF A COOPERATION.

ERIE COUNTY DIVISION SEWER MANAGEMENT.

WE'LL ACTUALLY BE CONVEYING THEM PROPERTY RIGHT OVER A PRETTY SUBSTANTIAL PORTION OF THIS SITE AND IT WILL AGAIN, BENEFIT OFFSITE HOMEOWNERS THAT ARE LOCATED IN THAT DISTRICT.

IT'S CERTAINLY NOT YOUR TYPICAL REQUEST AS CAMMIE INDICATED, WE THINK THERE'S VERY STRONG JUSTIFICATION FOR BOTH THE VARIANCES THAT WE'RE SEEKING AND THEN ULTIMATELY YOU APPROVING THE AMENDED PRELIMINARY PLAT THAT DOES NOT RESULT IN ANY CHANGES IN THE DENSITY WHATSOEVER.

SO WITH ALL THAT BEING SAID, OF COURSE IF YOU HAVE ANY QUESTIONS, EITHER MYSELF, KEVIN OR DOUG WOULD WELCOME THE OPPORTUNITY TO ADDRESS 'EM.

UM, HOW MANY VARIANCES OVERALL DO YOU WANT? CAN YOU GO BACK TO THAT SLIDE? THERE'S TWO CATEGORIES OF VARIANCES.

UM, THE FIRST ONE IN TERMS OF THE LOT SIZE APPLIES TO LOT SEVEN THROUGH 12.

AND THEN THE REAR YARD SETBACK APPLIES TO LOT SIX THROUGH 12, BUT THEY'RE THE EXACT SAME VARIANCE.

SO IT'S REALLY TWO VARIANCES.

OKAY.

UM, PLANNING DEPARTMENT, DO YOU HAVE ANYTHING ELSE TO OFFER? UM, WE DISCLOSED THERE AND I JUST DISCUSSED, UM, PHIL, THAT UM, WE GUYS CAN SCHEDULE A PUBLIC HEARING FOR AUGUST 7TH AND THEN WITH YOUR GRANTING WE DRAFT OF RESOLUTION BE AMEN.

YOU'RE TALKING FOR THE SEVENTH? THE RESOLUTION FOR ALL? YEAH.

OKAY.

OKAY.

THANK YOU.

BOARD MEMBERS.

ANY QUESTIONS? I HAVE A COUPLE.

UM, SO IF THE, IF THE, FIRST OF ALL, WHY THE EASEMENT? WHAT IS, 'CAUSE THAT'S FOR THE COUNTY TO GET THE SANITARY SEWER LINE IN, IN THAT AREA.

THE COUNTY'S PUTTING A WHOLE NEW LINE.

THAT'S WHY THE EASEMENT.

SO THEN IF THE LINE, THE MATH IS NOT MATH THING FOR ME, BUT MATH IS TOUGH.

SO IF THE EASEMENT, IF I'M LOOKING AT THIS CORRECTLY IS AT THE BACK OF LOT THREE, IT IS THEN WHY ARE LOT SEVEN THROUGH 12 NEEDING THE VARIANCES? BECAUSE WE HAD EVERYTHING SHIFTED.

EVERYTHING SHIFTING UP.

YEAH.

OKAY.

I SEE.

WAS THE DOMINO EFFECT.

RIGHT.

AND THAT WIDTH IS SPECIFICALLY WHAT THEY ASKED FOR BECAUSE THAT'S GONNA BE A PRETTY MAJOR SEWER LINE.

MEANING SOMETIMES THEY WOULD ALLOW US 15 FEET, BUT THEY, THEY NEED THAT WIDTH TO MAKE SURE THE SEWER LINE CAN FIT AND THAT THEY CAN ACCESS IT IN THE FUTURE.

AND THEN IT'S THE REAR YARD SETBACKS THAT ARE RIGHT.

SO THE REAR YARD SETBACK, I'M JUST GONNA COME UP AND SHIFT THESE LOTS.

YEP.

AND I WOULD ALSO KNOW THE ONES THAT HAVE NEIGHBORS RIGHT BEHIND THEM.

RIGHT.

THEY DO HAVE NEIGHBORS BEHIND THEM, BUT THE HOUSES, THERE'S NO HOUSES ANYWHERE CLOSE TO THE BACK OF THOSE LOTS.

OKAY.

THOSE ONES.

YEAH, THEY'RE LITERALLY THAT FAR AWAY.

MR. CLARK, WHAT IS IT, ABBOTT OVER THERE? WHAT SOMETHING, WHAT'D YOU SAY? ABBOTT? YEAH.

AB THOSE ONES ARE FRONT FRONT ON END.

YEAH, THOSE ARE EXTREMELY, EXTREMELY DEEP LOTS.

DOES THAT SATISFY YOUR QUESTION, MARGO? IT DOES.

I HAVE OTHER QUESTIONS THAT I'M NOT GOING TO ASK THAT ARE MORE ABOUT CONSIDERING THERE'S A SIGNIFICANT AMOUNT OF WETLANDS ON THIS PROPERTY AND THEN THE COUNTY TOLD YOU THEY NEED TO NEW SOAR.

I HAVE LOTS OF QUESTIONS ABOUT THEM.

[01:00:01]

NO, WE ALREADY ADDRESS THE WETLAND.

I KNOW.

THAT'S WHY I'M NOT GOING DOWN THERE.

OH, OKAY.

ALL RIGHT.

NO, I'M, I'M SATISFIED.

YEAH, WE WENT THROUGH ALL THAT.

I HAVE OTHER QUESTIONS THAT ARE NOT ANYBODY ELSE, BUT IF THEY TOOK YOUR SUGGESTION THAT YOU HAD WHEN WE FIRST APPROVED IT AND GOT RID OF THE ONE LOT, THEY WOULDN'T NEED A VARIANCE ANYMORE.

THAT'S KIND OF WHAT I'M WONDERING IS LIKE, HAD YOU NOT BEEN FILLING ALL OF THESE WETLANDS, WOULD YOU NEED A SEW VARIANCE IN THE FIRST PLACE? WELL WE WERE NOT FILLING YOUR WETLANDS.

NO.

YOU UM, WELL THERE'S THREE SETS OF FEDERAL ISLANDS THAT WE ALLOWED TO BE BUILT UPON BECAUSE THEY ARE OF LOW ECOLOGICAL VALUE.

BUT NOW WE HAVE A STORM WATER ISSUE.

SURE.

SAND.

WELL, IT'S NOT STORM WATER.

IT'SS.

THANK YOU.

OH, IT'S STORM WATER THAT'S MAKING THE SAN CORRECT THIS MAKING IT AS CAM WITH THE NEW, I THINK TAMMY DID A TAMMY EXPLAINED YEAH.

AS TAMMY AS CAMMY EXPLAINED.

I'M FOLLOW.

OKAY, I'M WELCOME.

BILL.

BILL'S TAKEN UP ON PUT DOWN.

OKAY, PAM, ANYBODY ELSE? ALL RIGHT.

SO, UM, AT THIS POINT, EVERYBODY'S COMFORTABLE WITH THE RECOMMENDATION TO GO TO THE ZBA A NO, WE CAN RECOMMEND THAT IT GO TO THE ZBA BUT WE DON'T HAVE TO RECOMMEND WHAT THEY DECIDE, RIGHT? NO, WE CAN'T RECOMMEND WHAT THEY DECIDE.

THAT'S FINE.

NO, WE CAN'T MAKE ANY RECOMMENDATIONS TO THE ZBA A WE, EXCEPT WE CAN MAKE IT THAT THEY GO TO THE ZBA.

RIGHT.

BUT IF IT HAS TO DO WITH THE SITE PLAN, 'CAUSE THEY'RE CHANGING THE SITE PLAN.

IF WE, IF IT WENT TO THE ZBA AND THEN IT CAME BACK TO US AND WE DIDN'T LIKE IT FOR DIFFERENT REASONS, THAT'S WHY WE DO ARE DOING THIS PROCESS WHILE WE'RE REFERRING TO THEM MM-HMM .

SO IF THERE'S SOMETHING WE WERE CONCERNED ABOUT ON OUR END, WE COULD LET THEM KNOW.

SO, SO THAT'S NOT NECESSARILY A RECOMMENDATION, BUT IT IS SAYING IF YOU GRANT THE VARIANCE, WE'RE GONNA BE OKAY.

OR IT IS BASICALLY SAYING IF YOU GRANT THE VARIANCE, WE'RE GONNA BE OKAY WITH IT.

AND TOO LATE FOR THIS QUESTION.

BUT IS THERE ANY SCENARIO IN WHICH THE, EXCUSE ME, VARIANCE IS NOT NEEDED? CAN I HAVE QUIET OUT IN THE AUDIENCE PLEASE? SURE.

WE CAN'T.

UM, IS THERE ANY SCENARIO IN WHICH THE VARIANCE WOULD NOT BE NEEDED? NO.

'CAUSE WHAT WOULD HAPPEN IS WE REMEMBER WE'RE NOT CHANGING OUR INFRASTRUCTURE AT ALL.

WE WOULD HAVE TO NOW GIVE UP ANOTHER LOT AND AT SOME POINT IT JUST BECOMES NOT ECONOMICALLY WELL, I THINK THAT'S WHAT BILL AND I ARE ASKING IS, IS THERE ANY ECO ECONOMIC ASIDE, IS THERE ANY SCENARIO IN WHICH THE VARIANCE IS NOT NEEDED? LIKE IF YOU LOST LOT 10, WOULD YOU STILL NEED THIS SORT? SO THE VARI, AND WE KNOW THAT THE ANSWER IS NO BECAUSE WE MM-HMM .

KILLED THAT HORSE BY BEATING IT.

WE DID, WE BEAT UP THE WILDLANDS HERE TOO MUCH.

RIGHT, RIGHT.

AND ULTIMATELY IF THE VARIANCES WEREN'T GIVEN, GRANTED, ALTHOUGH WE THINK WE HAVE VERY STRONG JUSTIFICATION, WE'D HAVE TO GO BACK TO THE COUNTY AND SAY, WE CAN'T AFFORD TO LOSE THE LOT.

FIGURE OUT WHAT THAT MEANS.

BUT I DON'T, I DON'T THINK THAT'S IN ANYONE'S BEST INTEREST.

YOU SURE ? I THINK SO.

WE'VE, I WE JUST GOT DONE TALKING ABOUT HORSES NOW YOU'RE GONNA BEAT ONE, UM, WETLAND.

I, WELL I THINK WE COVERED THE WETLANDS VERY WELL IN THE PREVIOUS DISCUSSIONS OF THIS CASE, RIGHT? THAT WAS THE ORIGINAL RIGHT.

DISCUSSING.

RIGHT.

RIGHT.

AND, AND SO A COUPLE OF THINGS.

I WANTED THE EXPLANATION ON THE RECORD.

UM, THIS IS AN UNUSUAL, UH, REQUEST, NUMBER ONE.

NUMBER TWO, THIS PREVIOUS, UM, SUBDIVISION HAD BEEN REDUCED.

UM, AND WE PRETTY MUCH COVERED EVERYTHING PRIOR.

SO THE ONLY THING THAT'S BEFORE US THIS TONIGHT IS THIS VARIANCE REQUEST TO GO TO THE ZBA.

AND, UM, IF THERE'S NO FURTHER DISCUSSION OR OBJECTION, THE RECOMMENDATION WOULD BE TO GO AHEAD TO THE ZBA FOR THE, UM, WHAT DATE? AUGUST 7TH.

AUGUST 5TH.

AUGUST 5TH FOR THE ZBA AND THEN, UM, AUTHORIZING TO CREATE THE RESOLUTIONS FOR THEM TO COME BACK HERE ON THE 7TH OF AUGUST AND SCHEDULE A PUBLIC HEARING.

AND HOLD A HEARING.

YES.

SO NOTICE WOULD'VE TO HOLD A CONTINGENT, UH, WE HAVE TO HAVE A PUBLIC HEARING.

YEAH.

YEAH.

IT'S A PRELIMINARY PLAN.

THEY'RE CHANGING.

YEAH.

OKAY.

AND ARE WE IN AGREEMENT, SARAH? JOSH? I DON'T, THERE'S NOT A NEED FOR AN UPDATE.

SECRET DETERMINATION.

WE GAVE YOU THE SHORT EAF, BUT THERE'S OKAY.

JUST WANNA MAKE SURE.

NO, I KNOW.

I JUST, RIGHT.

JUST WANNA MAKE SURE.

ARE WE GOOD? YEP.

OKAY.

DO WE HAVE A VOTE? DO I HAVE TO VOTE? OR YOU DON'T REALLY HAVE TO VOTE.

OKAY.

ALL RIGHT.

YOU'RE ALL SET.

THANK YOU.

OKAY.

DID YOU NEED TO WALK OUT, GET A DRINK AND WALK? NO, YOU'RE GOOD.

OKAY.

MAYBE DINNER FOR A JOB HERE.

UM, OKAY.

FINAL, UH, CASE FOR TONIGHT IS YOU ARE SUBMITTING THE DEIS FOR, UM, PARKER ROAD AND SOUTH OF BIG TREE.

UM, SO WE CAN REVIEW IT AND THEN WE'RE GONNA GET BACK TO YOU ON THE 24TH, NOT THE 20.

YEAH, ON THE 24TH.

THESE DATES WITH THAT TORNADO, I'M TELLING YOU, I'VE GOT, DON'T EVEN KNOW

[01:05:01]

WHAT DAY OF THE WEEK IT IS.

SO YOU'RE GONNA, YOU'LL BE BACK ON THE 24TH, WHICH AT THAT POINT WE WILL REVIEW.

YEAH.

WE WILL, UH, GO OVER.

WELL WE HAVE A CHECKLIST THAT WE PUT TOGETHER TO CHECK IN FOR A CONFORMANCE, UM, AGAINST THE SCOPE OF THAT.

AND IF THERE ARE ANY DISCREPANCIES THAT THE COMPLAIN BOTH FIELD, THEY CAN SAY SO AT THAT TIME.

AND THEN WE ALSO, UH, FOR FUTURE REVIEW, WE'LL SCHEDULE OUR GOAL OVER WHAT CONSULTANTS YOU WANT TO HIRE, UM, TO DO DIFFERENT ASPECTS OF THE DIS.

SO WE'LL DO THAT ALL THE 24TH, RIGHT? AND THE, THE 30,000 WAS PAID.

IT HAS BEEN PAID.

IT WAS PAID ON MONDAY.

OKAY.

SO, UM, THAT'S WHAT WE'LL DO.

SO ANYTHING ELSE? YEAH.

SO THE ONLY THING I'D LIKE TO DO IS, BECAUSE THERE HAS BEEN SOME TURNOVER ON THE BOARD SINCE WE PRESENTED THIS, I'M GONNA WALK THROUGH AN OVERVIEW IT VERY, VERY BRIEFLY.

YEAH.

'CAUSE WE HAVE DONE, WE'VE ALL DONE OUR HOMEWORK.

OKAY.

BUT I JUST WANT LET, I JUST WANNA MAKE SURE THAT IT'S CLEAR WHAT WE'RE PROPOSING VERSUS WHAT'S PERMITTED.

SO I THINK WE ALL KNOW THE SITE 48 25, BIG TREE ROAD, 41.1 ACRES.

IT'S ACTUALLY ZONED R ONE AND C TWO.

WE'RE PROPOSING A RESIDENTIAL SUBDIVISION.

THIS BOARD ISSUED A NEG A POSITIVE DECLARATION ALL THE WAY BACK ON SEPTEMBER 15TH, 2021.

ULTIMATELY THIS WILL REQUIRE PRELIMINARY PLA RULE.

IT'S A COPY OF THE ZONING MAP.

NEXT SLIDE.

I DO WANT TO NOTE, JOSH, CAN YOU GO BACK, WE'RE NOT PROPOSING ANY DEVELOPMENT ON THAT PORTION THAT ZONED C3 ALONG, UH, THE PARKER ROAD FRONTAGE.

NEXT SLIDE.

I MEAN BIG TREE FRONTAGE.

SO HERE'S THE TWO OPTIONS THAT HAVE BEEN PRESENTED.

WE'RE HOPING THAT YOU'LL AGREE WITH OUR POSITION AND THE POSITION OF THE NEIGHBORS PURSUANT TO THE EXISTING R ONE ZONING.

WE CAN DO AS OF RIGHT 67 LOTS.

ALL THOSE LOTS WOULD HAVE A MINIMUM AREA OF 15,000 SQUARE FEET.

IT WOULD INCLUDE THOSE SEVEN FRONTAGE LOTS ALONG PARKER ROAD THAT I'VE HIGHLIGHTED IN ORANGE.

AND THEN THERE ARE TWO ADDITIONAL LOTS LOCATED IN BOTH THE CORNERS, UH, FOR STORMWATER MANAGEMENT AND THAT STORMWATER MANAGEMENT HAS BEEN DESIGNED BY CARMINA WOOD UH, DESIGN.

NEXT SLIDE.

SO YOU DID IDENTIFY SEVERAL ENVIR, SEVERAL POTENTIALLY SIGNIFICANT ENVIRONMENTAL IMPACTS, ALL OF WHICH WE THINK WE'VE ADDRESSED ADEQUATELY IN THAT MULTI-VOLUME DIS IT WAS SUBMITTED ON JUNE 10TH.

HOWEVER, AS JOSH INDICATED, UH, YOU WILL BE PROVIDING US WITH COMMENTS BASED ON YOUR REVIEW.

AND I DO WANNA NOTE THAT WAS SUBMITTED ON JUNE 10TH.

SO I BELIEVE YOUR DEADLINE TO GET US COMMENTS IS COMING UP CLOSE TO THE NEXT MEETING.

SO HOPEFULLY WE'LL HAVE THOSE THAT THAT NEXT MEETING OR AT LEAST BE VERY CLOSE.

NEXT SLIDE.

AND HERE'S WHAT WE'RE PREFER.

HERE'S WHAT WE PREFER.

SO KEEP IN MIND THE FIRST LAYOUT, 67 LOTS AS OF RIGHT PERMITTED WHAT OUR PREFERENCE IS AND HAS BEEN FOR SOME TIME.

AND IT'S CLEARLY THE PREFERENCE OF THE NEIGHBORS AS THEY SPOKE DURING THE PUBLIC HEARING HELD, HELD ON JANUARY 18TH IS THIS LAYOUT.

THIS LAYOUT FEATURES 60 SINGLE FAMILY HOMES INSTEAD OF 67.

YOU CAN SEE IT.

THAT INCLUDES ALSO ELIMINATING THOSE FRONTAGE LOTS ALONG PARKER ROAD.

UM, THIS WOULD BE CLUSTERING AND FROM AN ENVIRONMENTAL PERSPECTIVE, KEEP MIND.

THAT'S WHERE WE'RE AT NOW.

YOU'VE ISSUED A POSITIVE DECLARATION.

THE ENVIRONMENTAL IMPACTS OF THIS PROJECT, THE CLUSTERED LAYOUT CLEAR AS DAY ACROSS THE BOARD ARE LESS.

NEXT SLIDE.

ONE OF THE OTHER REQUESTS YOU MADE THAT WE CAN ACCOMMODATE UNDER THE CLUSTERED LAYOUT IS PRESERVATION OF THAT TRIBUTARY OF RUSH CREEK THAT CROSSES THE MANCO SITE, WHICH IS ON THE RIGHT AND THEN THE ADJACENT WETZEL SITE, WHICH IS ON THE LEFT.

SO WE CAN DO THAT.

THAT RIPARIAN BUFFER PLAN REFLECTS A LOT OF INPUT RECEIVED FROM THIS BOARD OVER THE COURSE OF SEVERAL MEETINGS.

AND ULTIMATELY WAS DESIGNED BY EARTH DIMENSIONS WORKING WITH CARINA WOOD DESIGN.

VERY EXTENSIVE PLANNINGS TO ENHANCE ACTUALLY WHAT'S THERE AND NOT TOUCHING THAT RIPARIAN BUFFER, WHICH YOU IDENTIFIED DURING 2021 AS AN IMPORTANT ENVIRONMENTAL RESOURCE.

YOU CAN SEE IF YOU LOOK AT THE SUBDIVISION LAB ITSELF, ALL OF THAT GREEN AREA THAT WILL NOT EXIST UNDER THE 67 LOT AS OF RIGHT PLANT.

NEXT SLIDE.

SO WE THINK THERE'S A TON OF BENEFITS ASSOCIATED WITH CLUSTERED LAYOUT, THE 60 LOT LAYOUT.

AND I WANNA JUST GO OVER QUICKLY WHAT THEY ARE.

15.3 ACRES OF GREEN SPACE.

SO LITERALLY NEARLY HALF OF THE SITE THAT'S ZONED R THREE WILL BE PERMANENT OPEN SPACE TO REMAIN UNDEVELOPED ELIMINATION OF THOSE SEVEN LOTS ALONG FRONTAGE ROAD.

I TALKED ABOUT THE ESTABLISHMENT OF THAT RIPARIAN BUFFER, WHICH INCLUDES, BELIEVE IT OR NOT, 81 TREES AND 66 SHRUBS.

SO SIGNIFICANT ENHANCEMENTS, LESS TRAFFIC.

OBVIOUSLY 67 TO 60 IS LESS.

IT WILL RESULT IN AN ONSITE RECREATIONAL TRAIL THAT WE CAN ACCOMMODATE THE LENGTH OF 3,800 LINEAR FEET.

SO FOUR FISTS OF A MILE, THAT'LL BE A NICE AMENITY.

IT'LL RESULT IN LESS INFRASTRUCTURE, LESS IMPERVIOUS

[01:10:01]

SURFACE, INCLUDING 2,800 LINEAR FEET OF ROADWAYS VERSUS 4,100 LINEAR FEET OF ROADWAYS, WHICH IS GOOD FROM SEVERAL, FROM SEVERAL PERSPECTIVES.

NUMBER ONE, STORM WATER MANAGEMENT, RIGHT? LESS IMPERVIOUS SURFACE, LESS DRAINAGE.

TWO.

AND JUST AS IMPORTANTLY, IT'S BENEFICIAL TO THE TOWN BECAUSE IT'S LESS PUBLIC ROADWAY FOR THEM TO MAINTAIN ON A PERPETUAL BASIS.

AND THEN FINALLY, ONE OF THE QUESTIONS THAT CAME UP THAT WAS MAYBE THE BIGGEST CONCERN ABOUT CLUSTERING WAS LOT SIZES.

SO IF YOU GO THROUGHOUT THE TOWN OF HAMBURG, YOU'LL SEE ALL KINDS OF DIFFERENT SIZE CLUSTERED LOTS.

AND BELIEVE IT OR NOT, YOUR ZONING CODE ALLOWS 'EM TO GO ALL THE WAY DOWN TO 5,000 SQUARE FEET.

AND THAT'S BEEN DONE IN THE PAST.

HERE.

WE'RE NOT PROPOSING THAT WE'RE PROPOSING LOTS WITH A MINIMUM SIZE OF 10,500 SQUARE FEET.

IF YOU MIND THE ESSEX PROJECT THAT WE JUST TALKED ABOUT, IT'S ZONED R THREE 10,000 SQUARE FEET IS PERMITTED AS OF RIGHT ALONG WITH THE DEPTH OF 140 FEET.

SO THESE LOTS WHILE SMALLER THAN WHAT'S PERMITTED, R ONE, WILL EASILY ACCOMMODATE SINGLE FAMILY HOMES COMPLYING WITH ALL DESIGN STANDARDS.

NEXT SLIDE.

AND THESE ARE THE TYPICAL LOT LAYOUTS THAT WE PREPARED THAT ACTUALLY SHOW HOME FOOTPRINTS ON THESE LOTS.

YOU CAN SEE THERE'S STILL A VERY LARGE BACKYARD CAN ACCOMMODATE A POOL, A DECK PATIO OR COMBINATION THEREOF AND COMPLY WITH SIDE YARD SETBACKS AND FRONT YARD SETBACKS.

SO WHILE THE LOTS ARE SMALLER TO ACCOMMODATE, CLUSTERING DOES NOT RESULT IN ANY ADVERSE IMPACTS IN TERMS OF HOW ARE THOSE PARTICULAR LOTS BEING DEVELOPED.

NEXT SLIDE.

NEW INFORMATION.

SO WE DID VOLUNTARILY OBTAIN A PHASE ONE ENVIRONMENTAL SITE ASSESSMENT REPORT PREPARED BY LCSA VERY REPUTABLE CONSULTANT ON OCTOBER 19TH OF LAST YEAR.

WHY DID WE DO THAT? WE DID THAT BECAUSE THIS SITE DOES HAVE, WHILE IT'S BEEN DECADES AGO, A HISTORY OF AGRICULTURAL USE.

AND WE WANTED TO MAKE SURE THAT THERE WAS NO CONTAMINATION ON SITE THAT WOULD REQUIRE CLEANUP PURSUANT TO THE DEC STANDARDS.

THE GOOD NEWS IS IT'S NOT, THE SITE IS CLEAN AND THAT COMPREHENSIVE REPORT IS INCLUDED IN THE ENVIRONMENTAL IMPACT STATEMENT.

NEXT SLIDE.

ONE OF THE OTHER TOPICS THAT CAME UP WAS, UM, IMPACTS ON POTENTIAL AGRICULTURAL USE IN AGRICULTURAL SOILS.

WE ARE NOT LOCATED IN A COUNTY AG DISTRICT.

AND AGAIN, IN TERMS OF A VIABLE, WHAT YOU WOULD CONSIDER A REAL AGRICULTURAL USE THAT LAST OCCURRED MORE THAN 30 YEARS AGO.

AND YOU HAVE A LETTER FROM THE PROPERTY OWNER'S ATTORNEY DATED AUGUST 16TH, 2021.

CONFIRMING THAT NEXT SLIDE AND THEN I'M GONNA END HERE SECRET BECAUSE THIS IS IMPORTANT 'CAUSE THIS PROJECT'S BEEN GOING ON FOR A LONG TIME.

FIRST AND FOREMOST, THIS IS AN UNLISTED ACTION VERSUS A TYPE ONE ACTION.

WHY DOES THAT MATTER? A TYPE ONE ACTION COMES WITH A PRESUMPTION THAT THERE COULD BE POTENTIALLY SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACTS.

THAT'S NOT THE CASE HERE.

DOES NOT EXCEED ANY OF THE THRESHOLDS SET FORTH IN SIX N-Y-C-R-R PARTS.

SIX 17.4.

YOU ARE THE DESIGNATED LEAD AGENCY.

YOU MADE THAT DECISION IN 2021.

YOU HELD A PUBLIC HEARING ON THE DRAFT SCOPING DOCUMENT ON JANUARY 18TH OF LAST YEAR, AND THEN ON FEBRUARY 1ST OF LAST YEAR, WORKING CLOSELY WITH THE PLANNING DEPARTMENT.

YOU ISSUED A FINAL SCOPING DOCUMENT ON JUNE 10TH.

WE SUBMITTED THAT DOCUMENT THAT MOST OF YOU HAVE IN FRONT OF YOU, THE DRAFT ENVIRONMENTAL IMPACT STATEMENT WITH APPENDICES.

WE DID OUR BEST TO ADDRESS EACH OF THE IDENTIFIED POTENTIALLY SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACTS UPON THAT SUBMISSION ON JUNE 10TH.

YOU'RE ON A 45 DAY CLOCK TO DETERMINE WHETHER OR NOT YOU BELIEVE THE DIS IS COMPLETE.

IF ULTIMATELY IT'S YOUR DETERMINATION THAT IT'S INCOMPLETE AND SOME ADDITIONAL INFORMATION IS NEEDED, WE WILL HAVE 30 DAYS TO RESPOND TO THAT DECISION.

YOU WILL THEN, ONCE THAT HAS OCCURRED, HOLD A PUBLIC HEARING BOTH ON THE DIS AND THE PRELIMINARY PLAT.

NEXT STEP WOULD BE ISSUANCE OF A FINAL ENVIRONMENTAL IMPACT STATEMENT, RESPONDING TO COMMENTS ON THE DRAFT ENVIRONMENTAL IMPACT STATEMENT, AND THEN FINALLY ISSUANCE OF A FINDING STATEMENT AND A PRELIMINARY PLOT DECISION.

SO ULTIMATELY, TWO THINGS I WANNA EMPHASIZE.

WE PREFER THE CLUSTERING.

IF YOU'RE LOOKING AT IT FROM AN ENVIRONMENTAL PERSPECTIVE, THE CLUSTERING IS BETTER.

AND NUMBER TWO, AND THE SAME RESIDENTS ARE HERE THIS EVENING THAT HAVE BEEN HERE THROUGHOUT THIS PROCESS.

CLEAR AS DAY, THE NEARBY PROP OWNERS HAVE EXPRESSED A PREFERENCE FOR CLUSTERING VERSUS AS OF RIGHT.

SO THIS IS ONE OF THOSE INSTANCES WHERE THE PROPERTY ON THE RESIDENTS IN THE NEARBY VICINITY AND THE APPLICANT ARE ON THE SAME PAGE AND HAVE REACHED A CONSENSUS THAT THAT'S THE BETTER OF THE TWO OPTIONS.

SO WITH ALL THAT BEING SAID, WE'LL COME BACK AGAIN, OBVIOUSLY ONLY A WEEK FROM THIS EVENING.

BUT I JUST WANT TO GIVE YOU THAT BRIEF OVERVIEW AND IF THERE'S ANY QUESTIONS THAT THAT TRIGGERS, WE'LL BE PREPARED TO ADDRESS THEM.

THANK YOU.

OKAY, THANK YOU.

AND THERE'S NO ACTION NEEDED BY THE BOARD THIS EVENING? NO.

WE'LL SEE YOU ON THE, ON THE 24TH.

HAVE A GOOD EVENING EVERYONE.

THANK

[01:15:01]

YOU.

THANKS.

UH, I BELIEVE WE HAVE MINUTES TO APPROVE ANY CHANGES ON THE MINUTES? HEY GUYS, CAN YOU TAKE IT IN THE HALLWAY? WE'RE STILL ANY ADDITIONS? ANYTHING TO THE MINUTES? IS THERE A MOTION SOMEWHERE AT THIS TABLE? I'LL MAKE A MOTION.

MOVE THE MINUTES.

IT'S BEEN MOVED.

IS THERE A SECOND? HELLO? IS THERE A SECOND? WE WILL DIE A SECOND.

OH, OKAY.

LATER ON.

WAIT A SECOND.

WAIT, DID YOU, I DIDN'T KNOW.

DID YOU GUYS NOT READ THE MINUTES? I'M JUST TRYING TO RECONNECT TO THE INTERNET.

SHE, OH, YOU MIGHT NOT HAVE NO, I WAS, NO, THAT WAS THE DAY THAT I WAS NOT THERE FOR THE WORK SESSION, BUT I WAS SHE CAME IN LATE.

YEAH, SHE CAME IN LATE FOR THE WORK SESSION.

RIGHT? I, FOR THE MEETING.

DOUBLE CHECK THAT BEFORE I WHAT DATE WAS THE 19TH? THE 19TH OF JUNE.

THAT'S WHAT I THOUGHT.

SO I WAS NOT HERE.

OH, OKAY.

THEN I'LL SECOND IT.

SORRY.

WHAT? I DIDN'T KNOW.

I WAS THE ONLY ONE.

WHAT WAS YOUR HESITATION, YOUR SECOND ONE? TODAY IT'S BEEN MOVED.

AND SECOND AS, UM, ALL THOSE IN FAVOR? AYE.

AYE.

ANY, ANY OPPOSED? NONE MINUTES FOR JUNE 19TH APPROVED.

IS THERE A MOTION TO ADJOURN? SO MOVE SECOND.

IT'S BEEN MOVED AND SECONDED.

MEETING IS ADJOURNED TO YOU ON THE 24TH.