Jul 09, 2025 7-9-2025 PB Meeting

[WORK SESSION]

[00:00:06]

OKAY. IT'S 630. IT'S ACTUALLY A LITTLE LATER. THAT'S A LITTLE PAST 630, SO 632. AND WE'LL START OUR WORK SESSION FOR THE TOWN OF HAMBURG PLANNING BOARD. OUR FIRST CASE IS TOM BOWMAN REQUESTING A SITE PLAN, APPROVAL OF A PROPOSAL FOR AN ADDITIONAL FOUR PARKING SPACES AT THREE, 651 SOUTH PARK AVENUE. MR. BOWMAN, WOULD YOU LIKE TO COME DOWN TO THE MICROPHONE AND TELL US WHAT YOU'VE GOT GOING ON? SURE. I'M JUST GOING TO TELL YOU YOU HAVE TO SPEAK INTO THE MICROPHONE. SO IF YOU'RE NOT CLOSE TO IT, YOU HAVE TO PICK IT UP BECAUSE THEY THEY NEED TO HEAR IT AT HOME BECAUSE THAT'S HOW WE RECORD OUR OUR. GOTCHA. OKAY. MY NAME IS TOM BOWMAN. I AM THE TREASURER FOR CSEA LOCAL 815. WE PURCHASED THE BUILDING AND WE ARE CURRENTLY GOING UNDER THE FINAL RENOVATIONS. WE ARE SEEKING AN ADDITIONAL FOUR PARKING SPOTS, SO WE WOULD HAVE 15 TOTAL. RIGHT NOW THERE'S 11. ONE OF THOSE SPOTS IS A HANDICAP SPOT. AND WE'RE JUST TRYING TO GET THAT BUILDING FOR USE. OKAY. OKAY. THE ACTUALLY I'D LIKE TO CORRECT, IF YOU LOOK AT THE PICTURE, THE SOUTHEAST SPOT, ACTUALLY I'D LIKE TO TAKE AWAY AND MAKE IT THREE SPOTS BECAUSE THAT'S GOING TO BE AN AREA WHERE FOR SIGNAGE AFTER IT GETS APPROVED, IS IT THE ONE CLOSEST TO THE. IS THAT CLOSEST TO THE BUILDING NEAR SOUTH PARK? AS YOU PULL IN FROM THE FROM SOUTH PARK, IT'LL BE THE SPOT ON THE LEFT. ON THE LEFT. YEAH, I WAS QUESTIONING THAT ONE MYSELF.

OKAY. SO YOU SO YOU WANT TO AMEND YOUR REQUEST TO HAVE THREE PARKING PLACES INSTEAD OF FOUR? AM I UNDERSTANDING CORRECTLY? CORRECT. OKAY. DO YOU HAVE ANYTHING ELSE? THAT'S ALL I HAVE. OKAY. PLANNING DEPARTMENT. DO YOU HAVE ANYTHING TO ADD? YEAH, I'LL JUST ADD THAT UPON MR. BOWMAN'S REQUEST, THIS PROJECT IS ACTUALLY IN THE VILLAGE OF BLAISDELL. BUT AS YOU GUYS KNOW, BLAISDELL PROJECTS GET REVIEWED BY THE TOWN OF HAMBURG. JEFF, WHO IS THE CODE ENFORCEMENT OFFICER FOR THE VILLAGE OF BLAISDELL, INTERPRETED THAT THIS IS AN ALLOWED USE. IT'S ZONED C2 IN THE VILLAGE OF BLAISDELL. BUT ONCE AGAIN, YOU GUYS USUALLY DON'T LOOK AT VILLAGE OF BLAISDELL CODES, BUT IT ISN'T ALLOWED USE, AND WE WILL AMEND THE APPLICATION FOR MR. BOWMAN TO DO THREE SPOTS. IT'S TYPE TWO ACTION UNDER SEEKER. AND REALLY ALL THE BOARD NEEDS TIME IS SCHEDULE A PUBLIC HEARING AND WE CAN DO APPROVAL RESOLUTIONS FOR MR. BOWMAN. AND THEN HE'LL WORK WITH JEFF IN THE VILLAGE OF BLAISDELL TO CONTINUE FORWARD.

OKAY. ENGINEERING, DO YOU HAVE ANYTHING TO ADD TO THIS? NOTHING, TED. OKAY. BOARD MEMBERS, DO YOU HAVE ANY QUESTIONS? COMMENTS? CONCERNS? A LOT OF QUIET TONIGHT. I DO HAVE A QUESTION THOUGH. SO ON THE REAR YARD SETBACK IN THAT PICTURE, BECAUSE I WAS LOOKING AT THAT PARKING PLACE NEXT TO THE BUILDING. I DIDN'T LIKE IT THERE BECAUSE IT WAS LIKE CATTYWAMPUS. SPELL THAT WORD. AND I'M WONDERING IF IT IF IS THERE A SETBACK? COULD YOU PUT A PARKING SPOT CLOSE TO THE. TO THE CORNER? UPON JEFF'S INITIAL REVIEW OF THE PROJECT WHERE EVEN WITH THESE FOUR SPOTS, THERE WAS NO SETBACK ISSUE, THERE WAS NO. HE DOESN'T NEED A VARIANCE OR NEED TO. NO, NO, I KNOW, BUT IF HE MOVED IT NEXT TO THE TO THE CORNER BLUE ONE, SEE WHERE THAT LITTLE BUILDING IS? AND THEN THERE'S A FENCE. CAN THERE, CAN THE FOURTH ONE GO IN THERE? OR WOULD THAT UPSET A SETBACK? THAT WAS MY QUESTION. I WAS JUST TRYING TO ACCOMMODATE BECAUSE I WHEN I LOOKED AT THIS, I DIDN'T LIKE THAT ONE AT THE AT THE TOP OF THE PICTURE BECAUSE IT WAS CROOKED FOR ONE AND TOO CLOSE TO THE ROAD. RIGHT. AND I AND I APPRECIATE THAT THE APPLICANT ONLY WANTS THREE, BUT, YOU KNOW, PARKING IS PREMIUM, RIGHT? AND IF THERE'S A MEETING, I'M JUST WONDERING WOULD IT BE OKAY TO PUT ONE OVER THERE OR IS THAT SOMETHING WE SHOULD LOOK INTO OR THAT'S SOMETHING WE CAN LOOK INTO? IF, MR. BOWMAN, IF YOU WANT THAT FOURTH PARKING SPOT, WE CAN LOOK IN TO SEE IF IT CAN BE MOVED THERE. BUT IF YOU ONLY WANT THREE, THEN WE'LL CONTINUE WITH THREE. IF YOU COULD AMEND THAT TO JUST MOVE THAT FOURTH SPOT, THAT WOULD BE FANTASTIC.

OKAY. SO WHAT I'LL DO IS WE CAN STILL HOLD THE PUBLIC HEARING ON THE 23RD, BUT IN THAT MEANTIME, I'LL HAVE JEFF LOOK AT IT AND HAVE HIM PUT SOMETHING IN WRITING THAT I CAN BRING BACK TO THIS BOARD AND MR. BOWMAN. AND IF HE CAN, THEN WE'LL AMEND THE PROJECT. IF HE CAN'T, THEN I'LL AMEND IT TO KEEP IT AT THREE. YEAH. I MEAN, AS LONG AS HE'S DOING IT, WE MIGHT AS WELL SEE.

[00:05:03]

SO IF YOU WOULD LIKE TO STEP UP AND GRAB THE MICROPHONE AND TELL US WHAT YOU GOT GOING, WE WOULD APPRECIATE IT. THANK YOU. MY NAME IS TOM GORCYCA, AND I DON'T UNDERSTAND WHERE THE THREE LOT SUBDIVISION CAME FROM. I'M LOOKING TO BUILD ONE SINGLE FAMILY HOUSE ON ONE PIECE OF PROPERTY AND CREATE A BUILDING LOT. I DO NOT HAVE WETLANDS ON IT. DO YOU WANT TO PICK THAT MICROPHONE UP SO THEY CAN HEAR YOU? WETLANDS SHOW THAT THERE'S NO WAY THERE'S GOING TO BE THREE LOTS ON THERE UNLESS THEY'VE REMOVED THE WETLANDS. AS OF THIS MORNING, AND I'M BASICALLY JUST LOOKING TO BUILD A SINGLE FAMILY HOME ON THAT BUILDING LOT, WHICH IS AWAY FROM THE WETLANDS. I HAD IT WALKED BY EARTH DIMENSIONS ENGINEERING. THEY GAVE ME THE OKAY TO DEPARTMENT OF THE ARMY CORPS OF ENGINEERS GAVE ME THE OKAY. I JUST DON'T KNOW HOW TO GET A BUILDING PERMIT. ALL RIGHT, WELL, I THINK YOU'RE AT THE RIGHT PLACE TO GET STARTED. OKAY. SO. YEAH. PLANNING DEPARTMENT, DO YOU WANT TO CLARIFY? SURE. SO WHAT YOU GUYS HAVE IN FRONT OF YOU, YOU SHOULD HAVE 11 BY 17 OF THE AREA IN QUESTION. AND THE BLUE IS A CURRENT EXISTING HOUSE AT 3189 PLEASANT AVENUE. THIS SUBDIVISION HAS, WHAT, 40 YEARS OF HISTORY DATING BACK TO THE 1980S? TO MAKE A LONG STORY SHORT, ALL OF THIS AREA THAT YOU SEE BEFORE YOU AT ONCE AT ONE TIME WAS ONE GIANT LOT. AND MR. GORCYCA HAS HAD A SUBDIVISION APPROVED FOR FIVE LOTS. YEAH, FOR FIVE. AND THEN AND THEN WAS GOING TO HAVE THREE LOTS BE APPROVED. SO THE PARCEL IN QUESTION AND BLUE, THAT'S WHERE THE HOUSE IS. AND THEN THERE ARE TWO PARCELS RIGHT BENEATH THAT.

THOSE ARE ACCORDING TO ERIE COUNTY RECORDS THROUGH THE TOWN OF HAMBURG. THOSE THAT SUBDIVISION WAS NEVER APPROVED BECAUSE AT THE TIME THERE WAS A WATER CAPACITY ISSUE FROM ERIE COUNTY WATER. IF YOU GUYS RECALL IN THE MEMO, I PUT IN SOME DOCUMENTATION THAT SHOWED SOME CORRESPONDENCE BETWEEN THE PLANNING BOARD AND THE TOWN ENGINEER AND THE TOWN ATTORNEY AT THAT TIME WITH MR. GORCYCA, THERE ARE SOME PLANNING BOARD MINUTES KIND OF DESCRIBING THE CASE AT THAT TIME WHERE THE PLANNING BOARD DENIED A SUBDIVISION APPROVAL TWICE AT THE TIME BECAUSE THERE WASN'T ANY WATER CAPACITY. SINCE THEN, I BELIEVE ERIE COUNTY WATER HAS PUT IN CAPACITY. SO THERE IS CAPACITY IN THIS AREA AT THE BEND OF PLEASANT AVE. AND ORIGINALLY WE PUT A THREE LOT SUBDIVISION BECAUSE I RAN THIS BY JEFF AND THE CODE ENFORCEMENT OFFICE A COUPLE OF WEEKS AGO BEFORE WE PUT THE AGENDA IN. I THEN TALKED TO MR. GORCYCA, AND JUST TO CLARIFY, MR. GORCYCA, YOU JUST WANT TO BUILD A HOME ON THIS LOT HERE. CORRECT. AND THEN THIS LOT HERE, YOU WOULD NOT BE LOOKING TO SPLIT THE LOT. I CAN MAKE ONE BIG LOT. WHATEVER IT TAKES ME TO BUILD A HOUSE ON THAT ONE LOT. RIGHT. SO PART OF THE PART OF THE REASON WHY MR. GORSKI IS ALSO HERE, OBVIOUSLY, IS ONE, HE'S TRYING TO START THE SUBDIVISION PROCESS. BUT THROUGH THE REGULATIONS FOR THIS ZONING DISTRICT OR THE PARCELS ARE ZONED, I BELIEVE THEY'RE RA. AND YOU NEED TO HAVE A MINIMUM OF TWO ACRES. AND IF EVEN IF THESE TWO LOTS WERE COMBINED, THERE ARE ABOUT 0.9 ACRES EACH. EVEN IF YOU COMBINE THEM, THEY WOULD BE 1.8 ACRES, WHICH WOULD NOT MEET THAT TWO ACRE MINIMUM. SO THESE THIS PROJECT, EVEN IF, YOU KNOW, HE WERE TO GO FORWARD WITH THE SUBDIVISION PROCESS, WOULD NEED A VARIANCE. SO HE'S HERE TODAY TO KIND OF GET SOME

[00:10:01]

SO I HAVE WATER, I HAVE ELECTRIC, I HAVE GAS. WHAT ELSE DO I NEED? SO THE BOARD TONIGHT WOULD MAKE A RECOMMENDATION TO THE ZBA. HE WOULD HAVE TO GO TO THEM FOR THE VARIANCE FIRST.

CORRECT? THAT IS CORRECT. OR YOU COULD COME BACK TO US. THAT'S CORRECT. MEMBER MCCORMICK. THANK YOU. CHAIR. MEMBER MCCORMICK. HERE. I JUST NEED A LITTLE HELP TO MAKE SURE I UNDERSTAND THESE LOTS. WHO OWNS THE BLUE LOT? HIS NEIGHBOR, A NEIGHBOR CUSTOMER. SO IS THAT LOT THE ONE THAT IS MERGED WITH THE ONE HE WANTS TO BUILD ON? NO, NO, THAT'S A SEPARATE. SO THE LOT TO THE RIGHT OF THE BLUE LOT IS HIS. AND THAT IS THE ONE MERGED TO THE TWO LOTS THAT ARE NOT. YEAH I THINK I PUT IT TO IT WRONG. BUT YEAH THOSE ARE. YEAH. OKAY. SO WE CAN IGNORE THE BLUE ONE.

YES. THE ONE TO THE RIGHT OF IT AND THE TWO BELOW IT. YEP. YEP. AND HE WANTS TO SPLIT THAT. SO HIS HOUSE IS ON ONE. YEP YEP OKAY. THANK YOU. YOU NEED TO MAKE SURE I UNDERSTOOD. I GOT VERY CONFUSED. YEP. YOU SAID THAT WAS NOT HIS HOUSE. RIGHT. WELL, MY QUESTION IS ABOUT THE FLAG LOT THAT'S EXISTING. IS THAT AN EXISTING SPLIT ALREADY OR IS THAT PART OF THOSE OTHER TWO LOTS THAT IS PART OF THE OTHER TWO LOTS. WHAT HAD HAPPENED? OKAY, HANG ON, HANG ON ONE SECOND. SO THE SPLIT WOULD BE IS THERE ANYTHING BUILT ON THAT FLAG LOT NOW? ON THE ONE THAT WEIRDLY SHAPED ONE WHERE HIS HOUSE IS ON I'M LOOKING. NO, HIS HOUSE ISN'T ANYWHERE THERE.

THAT BLUE ONE IS HIS NEIGHBOR. HE DOESN'T. THAT'S NOT HIS HOUSE. THAT'S NOT HIS HOUSE.

RIGHT. THAT'S NOT THE PARCEL WE'RE TALKING ABOUT. HE'S THE ONE OVER. AND YOU. AND THAT'S ON THE FLAG LOT. CORRECT. OKAY, SO CAN YOU POINT CINDY? HANG ON. THANK YOU, THANK YOU. I'LL PLAY VANNA WHITE. IS THIS LOT RIGHT HERE? THAT'S MINE. YOU LIVE HERE? I DO. WERE THESE TWO NOT SPLIT FROM THIS? NOT ACCORDING TO THE TOWN OF HAMBURG RECORDS? NO, THEY WERE SOLD. HANG ON, HANG ON. ACCORDING TO OUR RECORDS, THESE TWO LOTS ARE NOT SPLIT FROM THIS. CORRECT? I'M.

I'M TRYING TO GET TO SOMEWHERE HERE. I'M TRYING TO CLEAR THIS UP. THIS HAS NOTHING TO DO WITH IT. YEAH. BLUE THING HAS NOTHING TO DO WITH IT, YOU KNOW. SO THE FLAG LOT FOR OUR RECORDS IS ATTACHED TO THE TWO RECTANGLE LOTS. YEAH. OKAY. THE APPLICANT LIVES ON THIS FLAG LOT. AND THESE TWO LOTS, WHICH ARE NOW HE WANTS TO BE ONE LOT ARE STILL ATTACHED TO THE MAIN ACREAGE HERE. THEY'RE NOT OKAY. THEY'RE SEPARATED. MY WELL SEPARATED FROM THAT I UNDERSTAND THAT BACKS UP TO IT. OH. SO SORRY. IN BETWEEN HIS FLAG LOT. YEAH. AND THE BLUE LOT. THERE'S ANOTHER HOUSE THAT IS ALSO ALREADY SEPARATE. YES. OKAY. THAT'S WHAT I THOUGHT WE WERE TALKING ABOUT.

I'M GLAD YOU SAID FLAG LOT, BECAUSE I WAS CONFUSED. NO, THIS FLAG LOT HERE IS HIS HOUSE.

OKAY? PART OF THE FLAG IS TO MAKE IT BIGGER. YOU WOULD HAVE TO GET A VARIANCE, RIGHT? BUT THEY'RE ALREADY SEPARATE. RIGHT? BUT THEY. BUT THE COUNTY SPLIT THEM. OKAY, BUT THE TOWN OF HAMBURG DIDN'T. DO YOU FOLLOW ME? YEAH, I KNOW, SO HE STILL HAS TO GO GET A VARIANCE. ALSO, MR. GORSICA, AT SOME POINT THERE WAS OWNERSHIP ISSUES, RIGHT, WHERE SOMEBODY ELSE HAD OWNED A LOT AND THEN YOU BOUGHT IT BACK. CAN YOU EXPLAIN THAT FOR THE FOR THE BOARD? YEAH. THERE WERE, THERE WAS A PARCEL THERE. AND ORIGINALLY THERE WERE THREE LOTS WHEN I DID MY MAP COVER, BUT

[00:15:02]

SO I THINK THAT'S JUST THE UPDATED BACK COVER SO THAT WE'RE ALL THE SAME AGAIN. SO WE WOULD WE WOULD MERGE. WE WOULD SPLIT THEM. FOR OUR RECORDS TO MATCH THE COUNTY. CORRECT. CURRENTLY THEY'RE SEPARATE ATTORNEY JOSEPH GOGGIN. CURRENTLY THEY'RE SEPARATE LOT NUMBERS FOR THE COUNTY FOR THAT SECTION BLOCK AND LOT NUMBER. RIGHT. SO YOU CAN USE THAT LIKE, OH OKAY. SO CURRENTLY HIS PARCEL IS ENDS IN LOT SBL DASH 20. THE NEXT LOT SOUTH IS 22. AND THEN THE FURTHEST ONE SOUTH IS 182 .092 DASH 21. SO AS FAR AS LAND RECORDS ARE CONCERNED THERE'S THREE SEPARATE SPELLS OKAY. SO THEY ARE ALREADY SEPARATE LOTS AS FAR AS THE COUNTY IS CONCERNED. IT'S JUST THE TOWN NEVER DID THE SUBDIVISION. SO ARE WE SPLITTING THEM SO HE CAN GO GET A VARIANCE. SO YOU'D STILL HAVE TO DO A SUBDIVISION BETWEEN HIS HIS LOT AND THE OTHER TWO LOTS. THAT'S WHAT I SAID AS FAR AS THE TOWN IS CONCERNED. RIGHT. BUT THEN THE COUNTY NEEDS TO SEE THOSE TWO. LOTS 21 AND 22 MERGED FOR THE SBL PURPOSES. SO IT'S HE'S SEPARATING AND THE COUNTY'S MERGING. THAT WOULD BE MY I'M BUILDING ON A SEPARATE I SOLD IT TO ANYBODY ELSE. BUT YOU BUILD A HOUSE ON THAT ONE LOT AGAIN. BUT THEY'RE NOT ONE LOT AS FAR AS THE COUNTY IS CONCERNED. YEAH. LOT 21 AND LOT 22 ARE SEPARATE LOTS. SO AS FAR AS THE COUNTY IS CONCERNED, THEY WOULD HAVE TO MERGE THEM ON THE IT'S JUST A MATTER OF, OF WHAT'S CALLED A MAP COVER. RIGHT TO FOR THE DESIGNATION FOR THE SECTION BLOCK AND LOT NUMBER WHICH IS USED FOR TAX PURPOSES. I WANT TO GET AWAY FROM FORMING A SUBDIVISION, BUT YOU HAVE TO BECAUSE THE TOWN NEVER RECOGNIZED IT AS A SUBDIVISION. SO. SO TO SEPARATE BUT TO SEPARATE YOUR LOT 20 FROM 22 AND 21, THE TOWN OF HAMBURG HAS TO DO A MINOR SUBDIVISION. BECAUSE AS FAR AS THE TOWN IS CONCERNED, YOU NEVER HAD A MINOR SUBDIVISION APPROVED BY THE TOWN OF HAMBURG. YEAH, RIGHT. SO HERE'S THE OTHER THING. SO THAT 21, ONCE WE DO THIS AND YOU BUILD THE HOUSE, YOU CAN'T SELL 21 BECAUSE IT'S NOT LIKE THE PLANNING DEPARTMENT TALKED AT THE BEGINNING. YOU DON'T HAVE ENOUGH ACREAGE TO MEET THE REQUIREMENT FOR THIS AREA. IT'S SUPPOSED TO BE TWO ACRES. SO AGAIN, THEY'RE SEPARATE. WE HAVE TO MERGE THEM. THEY HAVE TO HE HAS TO GO FOR THE VARIANCE. MY QUESTION IS DO WE MERGE IT BEFORE HE GOES FOR THE VARIANCE.

THAT'S MY QUESTION AGAIN ATTORNEY JOSEPH GO AHEAD AND JOSH WILL BACK ME ON THIS. I BELIEVE YOU CAN GET APPROVED FOR THE VARIANCE BEFORE THE ACTUAL MERGER OKAY. YEAH. SO OUR RECOMMENDATION WOULD BE TO SEND IT TO THE WE HAVE TO MAKE A RECOMMENDATION TO THE ZBA FOR

[00:20:03]

RIGHT? YEAH, THEY REZONE IT. AND THEY CHANGED OUR I MEAN. YEP. YEAH. RIGHT. OKAY, OKAY. ANYBODY ELSE? ALRIGHT THEN WE'LL GO AHEAD AND MAKE A RECOMMENDATION TO SEND THIS TO THE ZBA. AND THEN WE'LL SEE YOU AFTER YOU GET YOU MEET WITH THEM. SOUNDS GOOD. SO THIS IS GOING TO BE THEY'LL HE'LL BE COMING BACK. COMING BACK LATER. YEAH. SO I WILL I'LL, I'LL BE IN TOUCH WITH YOU.

MR. ALL RIGHT. THANK YOU. ALRIGHTY. SEE YOU LATER. OKAY. SO WE JUMPED AHEAD BECAUSE JOHN BROOKS, ARE YOU HERE STILL NO JOHN BROOKS? WHAT? ARE YOU IN A WORK SESSION WHEN THEY'RE NOT FOR THE WORK SESSION? WE CAN'T TABLE THEM FOR THE REGULAR SESSION. REGULAR MEETING? SO WHAT DO WE DO? POSTPONE IT UNTIL. YEAH, WE CAN TABLE UNTIL THE 23RD. OKAY. OKAY. GO AHEAD AND PUT THEM IN FOR THE 23RD. DO WE HAVE TO VOTE ON THAT OR. NO. IT'S A WORK SESSION. SO ON JOHN BROOKS AT 6302 MOUNTAIN DRIVE. THAT CASE WILL BE TABLED UNTIL JUNE, JULY 23RD. YEP. OKAY. AND OUR FINAL THING FOR OUR WORK SESSION IS MR. JOSH ROGERS PRESENTATION OF THE PLANNING BOARD TO DISCUSS HISTORIC PRESERVATION COMMISSION, CHAPTER 90 OF DEAD TREES. ARTICLE FIVE CLASSIFICATION AND INTERPRETATION OF PERMITTED USES AND ARTICLE ADULT USE CANNABIS CODE AMENDMENTS FOR REPORT AND RECOMMENDATION. THERE'S BEEN A LOT OF TIME ON THESE CODES. OH THAT GENTLEMAN. ALL RIGHT. FOR THE RECORD, JOSH ROGERS, PLANNING DEPARTMENT. I'M BEFORE YOU GUYS TODAY TO GO OVER A COUPLE OF CODE AMENDMENTS. I'LL START WITH THE ADULT USE CANNABIS ONE AFTER CONSULTING WITH THE LEGAL DEPARTMENT AND DEPUTY TOWN ATTORNEY BRIAN ATTIA, THE ORIGINAL CHANGES THAT WE HAD IN THE ADULT USE CANNABIS LAW WERE WE WERE KEEPING THE SAME LANGUAGE THAT WE HAD BEFORE, WHICH MATCHES THE STATE LANGUAGE. WE'RE GOING TO KEEP THAT THE SAME. AND IF YOU GUYS RECALL, THE ONLY CHANGE THAT WILL BE COMING OUT OF THE ADULT USE CANNABIS LAW, AT LEAST AT THIS TIME, IS THAT WE'RE CHANGING THE COMMUNITY FACILITY TO THE PUBLIC YOUTH FACILITY, AND THEN WE ARE GOING TO DEVELOP A LIST OF PUBLIC YOUTH FACILITIES. THOSE ARE GOVERNMENT OWNED, AND WE'RE GOING TO PUT THAT TOGETHER AND FOLLOW THE STATE'S GUIDELINES OF DOING THAT AS A LOCAL LAW. SO THOSE ARE THOSE ARE THE UPDATES THAT CAME OUT OF THE ADULT USE CANNABIS LAW. SO THAT'S THE ONE THAT WE TALKED ABOUT BEFORE. THE NEW ONES THAT YOU GUYS HAVE BEFORE YOU, EVERYONE SHOULD HAVE A COPY, 4 OR 5 PAGES IN FRONT OF THEM. THE ONE THAT I WANT TO START WITH, I'LL START WITH THE EASY ONE FIRST. SO CHAPTER 90, WHICH WAS BROUGHT TO THE TOWN BOARD AND REFERRED TO YOU GUYS. CHAPTER 90 IS THE DEAD TREES LAW. AND THE BACKGROUND OF IT IS IT WAS BROUGHT TO CODE REVIEW IN A MEETING IN JUNE, AND THERE WERE SOME CONCERNS OVER SOME OF THE LANGUAGE WITHIN CHAPTER 90 AND BASED OFF OF CODE REVIEWS, RECOMMENDATION AND THE TOWN BOARD FORWARDING OVER TO THIS BOARD, AS YOU GUYS CAN SEE, UNDER 92 AND 93, WHICH YOU SHOULD HAVE IN FRONT OF YOU, THE CHANGES THAT ARE GOING TO BE MADE TO THIS LAW ARE REMOVING THE WORDS OR ABANDONED IN BOTH 92 AND 93. SO WHAT THAT WILL

[00:25:06]

BUT NO, I, I DON'T HAVE ANY PROBLEM WITH IT. BOARD MEMBERS, EVERYBODY'S EVERYBODY'S ON BOARD. OKAY, SO YOU GUYS ARE GIVING A RECOMMENDATION TO THE TOWN BOARD TO THESE CHANGES ARE ARE FINE. YES. PERFECT. ALL RIGHT. NOW TO THE MORE DIFFICULT ONE. SO WE'LL START WITH.

CHAPTER 282 8015. SO THAT'LL BE CLASSIFICATION INTERPRETATION OF PERMITTED USES. YOU'LL SEE THERE'S STRIKEOUTS ALL THROUGH IT. I'LL EXPLAIN WHAT THOSE STRIKEOUTS MEAN. SO THIS LOCAL LAW OR THIS CODE AMENDMENT IS FOR TWO 8015. AND OUR TOWN CODE, WHICH IS CLASSIFICATION AND INTERPRETATION OF PERMITTED USES. IN OTHER WORDS, TWO 8015 IS USE GROUPS. IF YOU LOOK AT OUR TOWN CODE AND CERTAIN ZONING DISTRICTS THROUGHOUT THE TOWN, WE HAVE PERMITTED USES THAT LIST OUT THE ACTUAL USE. AND THEN THERE ARE SOME REFERENCES TO USE GROUPS IN OUR ZONING DISTRICTS.

THESE USE GROUPS, AS YOU GUYS CAN SEE. USE GROUP ONE FOR EXAMPLE, ARE USES PERMITTED IN RA AND SO ON AND SO FORTH. AND THESE GROUPS ARE ARE HIERARCHICAL, MEANING THAT THE FURTHER DOWN YOU GO, THE MORE INTENSIVE THE USES GO. SO YOU'LL SEE USE ONE, USE GROUP ONE OR USES PERMITTED IN THE RA DISTRICT AND THEN USE 14. ARE USES PERMITTED IN THE M3 DISTRICT, WHICH IS OUR HEAVIEST INDUSTRIAL DISTRICT. THE REASON WHY I'M BRINGING THIS BEFORE YOU GUYS, I WANTED TO START WITH THIS IS BECAUSE IT WAS BROUGHT TO OUR ATTENTION. THERE ARE THERE'S AN ISSUE WITH THE USE GROUPS AND OUR CODE. I WANT TO DIRECT YOU TO. ONE OF THE PAGES YOU GUYS SHOULD HAVE IS TWO 8019. 282 8119, WHICH ARE USES AND STRUCTURES PERMITTED IN THE M1 DISTRICT. SO IF YOU GO TO TWO 8119 AND YOU LOOK AT SUBSECTION A, WHICH IS PRINCIPAL USES AND STRUCTURES, AND YOU LOOK AT A6, WHICH ARE THE FOLLOWING USES BY SPECIAL USE PERMIT AUTHORIZED BY THE PLANNING BOARD, YOU'LL SEE THAT SIX A CURRENTLY STATES COMMERCIAL USES AS ALLOWED. AND THE C-2 DISTRICT COMMA. THAT COMMA IS IMPORTANT COMMA USE GROUPS AND THEN IN PARENTHESES 4 OR 5, SIX, SEVEN, NINE, TEN, AND 15. THE REASON WHY THIS IS IMPORTANT, WHY I WANTED TO BRING IT TO THIS BOARD'S ATTENTION, IS THAT, WELL, ONE ONE OF THE ISSUES IS IT MENTIONS USE GROUPS. 15 THERE IS NO USE GROUPS 15 AND IT SAYS COMMERCIAL USES AS ALLOWED IN THE C-2 DISTRICT. AND THEN IT POINTS TO THOSE USE GROUP NUMBERS. RIGHT. SO 4 OR 5, SIX, SEVEN, NINE AND TEN. IF. IF WE'RE GOING OFF OF THAT INTERPRETATION, WHAT THAT MEANS IS BY A SPECIAL USE PERMIT AND THE M1 DISTRICT, YOU CAN DO USE GROUPS. YOU CAN DO USE GROUP SIX. I'LL USE THAT AS AN EXAMPLE. IF YOU GO TO USE GROUP SIX, WHICH IS ON THAT TWO 8015 THAT I JUST SHOWED YOU, THAT MEANS YOU CAN DO BY SPECIAL USE PERMIT. AND THE M1 DISTRICT USES PERMITTED IN THE R4 DISTRICT.

THE DISTRICT IS MOBILE HOME COURT OR MOBILE HOME PARK. THAT MEANS WHAT A SPECIAL USE PERMIT YOU CAN TECHNICALLY AND THEN ONE DISTRICT DO A MOBILE HOME PARK IN AN INDUSTRIAL ZONE. IF YOU LOOK AT SOME OF THE OTHER USER GROUPS, YOU'LL SEE NUMBER FOUR IS R-2 DISTRICT. YOU CAN DO A DUPLEX AND AN INDUSTRIAL ZONE. IF YOU LOOK AT NUMBER TEN C-2, YOU COULD PUT WALMART IN AN M1 ZONE. AND I USE THOSE EXAMPLES TO KIND OF SHOW WHY THIS IS SOMETHING THAT WE REALLY WANTED TO BRING TO THIS BOARD THROUGH DISCUSSIONS AT CODE REVIEW, WHAT WE WANTED TO DO WAS REMOVE. SO THE FIRST CODE AMENDMENT IS THAT TWO 8015 THAT I JUST SHOWED YOU, REMOVING THAT IN ITS ENTIRETY.

USE GROUPS ARE A KIND OF OUR USE GROUPS ARE PERMITTED USES THAT ARE KIND OF OUTDATED. I THINK IT WAS AMENDED IN 1998. WHAT WE DO NOW, AS YOU GUYS CAN SEE IN OUR ZONING DISTRICTS, IS WE LIST OUT

[00:30:07]

YOU'LL SEE THAT WHAT IT CURRENTLY SAYS UNDER ACCESSORY USES AND STRUCTURES UNDER B1 ACCESSORY USES PERMITTED IN THE NC DISTRICT EXCEPT ACCESSORY USES AND USE GROUP ONE SO CALLED REVIEW. WE LOOKED AT THE ACCESSORY USES IN THE NC DISTRICT AS THEY CURRENTLY ARE, AND THEY WE THOUGHT THAT IT DIDN'T MAKE SENSE TO HAVE THOSE SAME ACCESSORY USES PERMITTED IN

[00:35:02]

WE'RE HOLDING OUR BREATH. THANKS FOR YOUR TIME GUYS. THANK YOU JOSH AS ALWAYS OKAY. IT'S A LITTLE AFTER 7:00. AND. I'LL GIVE MR. ROGERS TIME TO CLEAN UP HIS ACT OVER THERE. AND WE WILL START THE. JULY 9TH PLANNING BOARD MEETING TO ORDER. WOULD YOU PLEASE RISE FOR THE PLEDGE OF ALLEGIANCE? I 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 FOR ALL. MEMBER. SAMARRA, WOULD YOU PLEASE CALL THE ROLL? WILLIAM. CLERK HERE.

KATELYN SHIMURA HERE. KIM FINLEY. PRESENT. AUGIE GERACI ABSENT. CINDY GRONINGEN, PRESENT. CAITLYN MCCORMICK HERE. MARGO VALENTE HERE. OKAY, SO WE HAVE QUORUM. I JUST REALLY, REALLY QUICKLY, I JUST WANTED TO TAKE THE TIME TO INTRODUCE NATE DEEGAN, WHO'S SITTING NEXT TO ME. HE'S AN INTERN THAT STARTED AT WENDELL WITH US. HE OPERATES MOSTLY OUT OF GIS, BUT HE ALSO HAS SOME INTEREST IN PLANNING. SO I THOUGHT, WHAT BETTER WAY TO BRING HIM TO A HAMBURG PLANNING BOARD MEETING TO SHOW HIM HOW PLANNING REALLY WORKS. SO I JUST WANT TO INTRODUCE EVERYBODY TO NATE. HE'LL BE ATTENDING A COUPLE MORE MEETINGS OVER THE SUMMER WITH US, SO JUST WANTED TO GIVE HIM A NICE INTRODUCTION TO EVERYBODY. NATE, YOU'LL BE BEGGING US TO COME BACK FOR MORE BY THE TIME YOU GET DONE WITH OUR MEETINGS. LET ME TELL YOU, IT'S A GREAT BOARD TO WATCH.

THEY'RE VERY ENTERTAINING. ALSO, KIM FINLEY, WE CALLED HER KIM FINLEY, BUT SHE IS NO LONGER KIM FINLEY. SHE IS NOW MRS. RYAN, MRS. KIMBERLY RYAN, SO I THINK THEY HAVE THE RIGHT NAMEPLATE.

YES. OKAY. ALL RIGHT. WELL, CONGRATULATIONS. AND WE'LL MAKE THAT RECORD IN OUR UPDATE. OUR

[1. Corey Tyger – Requesting Site Plan Approval of a pole barn for storage purposes on a merged parcel at 6722 Southwestern Boulevard]

SORRY, I DON'T MEAN TO INTERRUPT YOU AGAIN, BUT YOU GUYS RECEIVED TWO SETS OF MINUTES. I DON'T KNOW IF YOU WANT TO DISCUSS THOSE OR YOU WANT TO DO THAT AT THE END, OR LET'S DO IT AT THE END. SURE. NOW THAT WE GOT A ROLL, I THINK IT LET'S JUST DO IT AT THE END. SOUNDS GOOD. I'LL MAKE A NOTE. OKAY. BUT THANK YOU FOR THE REMINDER. YEP. OUR FIRST CASE IS COREY TIGER REQUESTING A SITE PLAN APPROVAL FOR A POLE BARN FOR STORAGE PURPOSES. ON ON EMERGED PARCEL AT 6722 SOUTHWESTERN BOULEVARD. MR. TIGER HAS BEEN IN FRONT OF US A FEW TIMES, AND I'M GOING TO LET JOSH DO THE BACKGROUND ON THIS AND TELL US WHERE WE ARE FROM HERE. SO, AS YOU GUYS KNOW, MR. TIGER MERGED TWO PARCELS AT 6722 SOUTHWESTERN BOULEVARD. HE ACTUALLY GOT THAT PAPERWORK DONE BY THE COUNTY. SO IN THE 2026 TAX ROLL, IT'LL SHOW AS ONE PARCEL AND ONE SPL NUMBER. HE GOT IT REZONED TO THE AG AGRICULTURAL DISTRICT. SO HE IS THE FIRST PARCEL IN THE TOWN TO BE ZONED TO THAT DISTRICT. WE HAD IT REVIEWED BY OUR CODE ENFORCEMENT OFFICER FOR PERMITTED USES. HE'S DOING A POLE BARN FOR STORAGE OF HIS LANDSCAPING BUSINESS AND OTHER STORAGE IN THAT IN THAT POLE BARN, AND HE HAS COME BACK TO THIS BOARD FOR SITE PLAN APPROVAL. AT A PREVIOUS MEETING, WE SHOWED A HE SHOWED A SURVEY OF THE FOOTPRINT OF THE BUILDING AND HAD SOME IDEAS OF MAYBE SOME POSSIBLE TREE CLEARING. I KNOW WE WENT OVER THERE ARE POTENTIAL WETLANDS ON THE PROPERTY, AND ONE OF THE THINGS THAT THIS BOARD ASKED FOR WAS SOME ELEVATIONS AND SOME MORE DRAWINGS RELATED TO BOTH, NOT ONLY THE POLE BARN, BUT ALSO

[00:40:02]

THUS YEAH. THIS IS NO LONGER GOING TO BE CLEARED. RIGHT. IT'S NEVER GOING TO BE CLEARED. IF IT IF I HAVE TO CLEAR IT I'LL COME BACK TO YOU GUYS. OKAY. I JUST DON'T NEED IT RIGHT NOW, AND I, I FEEL LIKE THAT'S GOING TO HOLD A LOT OF THINGS UP, SO POKEMON IS ALWAYS RIGHT. NO, I KNEW THAT PART. I KNEW THAT THE POLE BARN WAS WHERE IT WAS. BUT WHEN I SAW CLEARING OF ALL OF THAT, I DIDN'T UNDERSTAND WHY I DIDN'T REMEMBER THAT THAT WAS DISCUSSED. YEAH, I THAT WAS MY QUESTION. IF I LIKE, LIKE BUNDLES OF MESH, THEY DON'T NEED TO BE INSIDE. THEY COULD HAVE BEEN BACK THERE. BUT I IT JUST FEELS LIKE THAT'S GOING TO HOLD THINGS UP. AND I MEAN WE'RE THE HOUSE IS ALREADY CLEARED. IT'S PLENTY OF ROOM FOR THE BARN OKAY. OKAY. PLANNING DEPARTMENT, DO YOU HAVE ANYTHING ELSE TO OFFER? NO. LIKE WE SAID AT THIS TIME, HE WOULD JUST WANT TO SHOW AN UPDATE ON WHAT THE BUILDING WAS GOING TO LOOK LIKE AND GIVE AN UPDATE ON WHAT HE'S GOING TO BE LOOKING TO DO OVER THE NEXT COUPLE OF WEEKS. AND I THINK HE SAID HE WOULD LIKE TO BE TABLED TO THE AUGUST 6TH MEETING IF POSSIBLE. ENGINEERING. DO YOU HAVE ANYTHING TO OFFER? WE HAVE AN EXTRA MIC HERE FROM ENGINEERING. WITH THE ELIMINATION OF THE CLEARING AND THE CULVERT, IT'S A PRETTY SHORT LIST, JUST GRADES TO SEE WHAT THE NEW BUILDINGS CAN BE SET AT, AND GRADES ON THE PAVING IN THE FRONT TO MAKE SURE IT DRAINS THE EXISTING DIE AND THERE'S NO DRAINAGE ISSUES. OKAY, BOARD MEMBERS, ANY ADDITIONAL INFORMATION THAT YOU'D LIKE TO SEE WHEN THE APPLICANT COMES BACK ON THE 6TH OF AUGUST? DO WE NEED TO CLARIFY ANYTHING FOR HIS RETURN BECAUSE HE LIKES US SO MUCH? DID YOU KNOW? DID YOU NOTICE THAT HE'S BEEN HERE QUITE A BIT, AT LEAST ONCE A MONTH? MEMBER MCCORMICK. THAT FULLY ENGINEERED PLAN IS GOING TO HAVE. WE HAD ASKED FOR A COUPLE OF ITEMS THAT ARE IN THE MEMO FROM THE PLANNING DEPARTMENT. SO JUST TO CONFIRM, YOU'RE GOING TO HAVE THE WETLAND AREA, THE LANDSCAPING THAT YOU'RE GOING TO ADD IN AND ANY DRIVEWAY ADJUSTMENTS, IF THERE ARE ANY, TO THIS MAIN LOT, ALL THAT'S GOING TO BE ON THE ENGINEERED PLANS. YEAH. THE WELL THE ENGINEER PLANS ARE JUST GOING TO BE THE WETLANDS WON'T I GOT TO GET A, I GOT TO GET SOMEBODY TO WALK. AND BECAUSE THE GUY THAT DID THE SURVEY DOESN'T KNOW IF THEY'RE STATE WETLAND FEDERAL WETLANDS. SO I GOT TO GET

[00:45:01]

[3. Towne Chrysler Dodge Jeep Ram – Requesting Re-Approval for a Site Plan Application for a new 4,473 square foot addition to their building located at 5130 Camp Road]

SINCE THEN, THEY'RE NOT THAT HOT AN ITEM ANYMORE, AND THE FRANCHISE REQUIREMENTS MOSTLY ON THE INTERIOR. WE'VE HAD DISCUSSIONS ABOUT AND FINALLY SETTLED ON THEM. AND FRANK DONNA DOWNING, THE OWNER OF TOWN AUTOMOTIVE GROUP, HAS DECIDED TO GO AHEAD WITH THE PROJECT. SO BASICALLY THE EXTERIOR HAS NOT CHANGED AT ALL FROM THE APPROVAL THAT WAS BEFORE. IT WAS JUST BASICALLY INTERIOR EQUIPMENT FINISHES THAT HAVE CHANGED. SO WE'RE JUST BACK TO GET THE APPROVAL AND THE PROJECT IS A GO. OKAY. ANYTHING ELSE YOU WANT TO ADD? OKAY. PLANNING DEPARTMENT, DO YOU HAVE ANYTHING TO OFFER. THE ONLY OTHER THING WE'LL SAY IS, LIKE YOU SAID, THEY GOT APPROVED BY YOU GUYS IN MARCH OF 2020 FOR BECAUSE THE PROJECT ISN'T CHANGING THAT MUCH. WE JUST HAD HIM SIGN THE OFF PART ONE AGAIN. IF YOU GUYS RECALL SEEKER SPECIAL USE PERMIT AND SITE PLAN APPROVAL WAS GRANTED BACK IN MARCH OF 2024. SO HE'S JUST LOOKING TO GET A PUBLIC HEARING SCHEDULED. AND THEN IF THIS BOARD IS COMFORTABLE, YOU CAN APPROVE IT AT A FOLLOWING MEETING. OKAY. ENGINEERING, DO YOU HAVE ANYTHING TO OFFER? THE ONLY ITEM FROM ENGINEERING WAS SOMETHING ON THE SITE PLAN TO ADDRESS ROOF LEADERS. YEAH. SO AND OBVIOUSLY IT'S A BUILDING ADDITION. WE NEED TO KNOW WHAT'S HAPPENING WITH THE DRAINAGE FROM THE ROOF.

AND THAT WAS THE ONLY THING WE WERE LOOKING FOR IN THE PAST. AND SO IT'S THE SAME COMMENT. SO LOOKING OKAY BOARD MEMBERS ANY OTHER QUESTIONS? COMMENTS OKAY EVERYBODY SO TALKATIVE TONIGHT.

WE'LL GO AHEAD AND SCHEDULE FOR NEXT MEETING THE 23RD FOR A PUBLIC HEARING. ARE YOU AUTHORIZING THE REFRESHING OF APPROVAL RESOLUTIONS? OKAY. SOUNDS GOOD BECAUSE IF I REMEMBER CORRECTLY, THE LAST PUBLIC HEARING, I DON'T WANT TO JINX IT, BUT I DON'T THINK THERE

[00:50:04]

SO WILL THEY HEAR OR DO THEY LISTEN IN ON THE MEETINGS NOW ANYMORE OR. NO. OKAY. SO I'M GOING TO CALL THE MEETING BACK TO ORDER. WE COULD NOT REACH THE PARTIES FOR LAKESHORE

[5. Lardon Disposal Services – Requesting Site Plan Approval of a proposal to operate a C & D transfer facility on the west side of Woodlawn Avenue, north of 1st Street]

[00:55:06]

SEE, WE THOUGHT WE DID HAVE THE PHOTOS. PHOTOS IF YOU WANT TO PUT THOSE UP. YEAH, I HAVE THEM.

YEP. CHAIR. MEMBER MCCORMICK. THESE ANSWERS THAT YOU'RE GOING THROUGH, WERE THEY PROVIDED IN WRITING AND IN THE FOLDER. ARE YOU JUST PROVIDING. NO, I CAN I CAN THOUGH THEY I THOUGHT WE GOT SOME WE GOT THE CODE ENFORCEMENT LETTER. BUT BECAUSE THERE WAS ONE TWO MEETINGS AGO AND THAT WAS RESPONSES. AND THEN ALSO THE STATE AND DEP COMMENTS VERSUS PUBLIC COMMENT. RIGHT. WE DIDN'T I DON'T HAVE A FORMAL RESPONSE FOR THE PUBLIC COMMENT. OKAY. IF YOU COULD ULTIMATELY PROVIDE THAT IN WRITING, I THINK THAT WOULD BE HELPFUL. I'LL RESERVE MY QUESTION UNTIL AFTER WE GO THROUGH THIS. SO THAT IS AT THE ENTRANCE GATE, LOOKING SOUTH TOWARDS THE NEIGHBORHOOD. AND THEN EACH PHOTO IS KIND OF IN SEQUENCE AS YOU HEAD WEST TOWARDS THE LAKE. AND YOU'RE ENTERING INTO THE PROJECT INTO THE SITE. AT THIS POINT, YES. AND THOSE ARE THE PHOTOS. SO THOSE THAT'S LOOKING TOWARDS FIRST STREET, CORRECT? CORRECT. OKAY. ALRIGHT. GO AHEAD. SO YOU KNOW WITH THE EXISTING VEGETATION, YOU KNOW THAT THAT'S GOING TO HELP, YOU KNOW, MITIGATE DUST LEAVING THE SITE, NOISE DAMPENING NOISE LEAVING FROM THE FACILITY. AND ALSO JUST VISUAL MITIGATION OF, YOU KNOW, LOOKING AT THE FACILITY AND TRUCKS RUNNING. THE OTHER THING IS, YOU KNOW, WILLING TO, YOU KNOW, UTILIZE IS A WATER TRUCK ON SITE. AND SO THAT'S GOING TO BE WHEN THERE'S SUPER DRY CONDITIONS, ESSENTIALLY THE WATER TRUCKS ARE JUST GOING TO DO ROUTES AROUND THE SITE, WET IT, AND THAT'S GOING TO PREVENT ANY DUST FROM GETTING KICKED UP, FORMING A DUST CLOUD AND LEAVING THE SITE TO THAT NEIGHBORHOOD. THE OTHER THING THEY'RE COMMITTING TO IS, YOU KNOW, THEIR TRUCKS ARE GOING TO BE RUNNING AT, YOU KNOW, THEY'RE GOING TO FOLLOW THE PROPERTY SPEED LIMIT ON SITE, WHICH I BELIEVE IS 15MPH. AND THAT'S GOING TO HELP ALSO PREVENT DUST FROM GETTING KICKED UP FROM THE TRUCKS DRIVING ON THAT ROAD. AND THEN, YOU KNOW, GENERAL, JUST AIR POLLUTION. I KNOW IT WAS, YOU KNOW, CONCERNS ABOUT THE IDLING TRUCKS AND THEN EVEN JUST EMISSIONS COMING FROM THE FACILITY. SO IN TERMS OF IDLING TRUCKS, YOU KNOW, HE'S GOING TO HIS FLEET, KEEP THEM RUNNING. IF THERE'S A BACKUP AT THE ACTUAL SORTING BUILDING, DUMPSTERS WILL GET LEFT ON SITE AND THE TRUCK WILL LEAVE AND THAT DUMPSTER WILL GET SORTED WHEN IT WHEN IT THE SORTING BUILDING BECOMES AVAILABLE. AND THEN SO THEN FOR THE LEACHATE RUNOFF, YOU KNOW, IN ORDER TO HAVE LEACHATE, YOU GOT TO HAVE FOOD WASTE LIQUID WASTE. AND SO YOU KNOW, THAT MATERIAL IS JUST NOT IS NOT ACCEPTED FROM THE FACILITY. THE DC PERMIT'S NOT GOING TO ALLOW IT. HE'S INSPECTING TRUCKS WHEN THEY COME IN. IF HE SEES THAT HE'S REJECTING THE TRUCK. SO THERE WILL BE NO LEACHATE GENERATED FROM THE PROCESS. ANY RUNOFF, IT'S GOING TO BE STANDARD STORMWATER, SAME AS WHAT THEY'VE GOT NOW. AND THEN.

UNSIGHTLY GARBAGE BLOWING AROUND DC. WE ACTUALLY JUST HAD A MEETING WITH DC TO AND YOU KNOW THEY CLARIFIED AS WELL. AND WE'RE WE'RE FINALIZING FINE TUNING THE PLAN SITE PLAN TO SHOW PROPER CONTAINMENT AND COVERING OF THESE ROLL OFF CONTAINERS SO THAT, YOU KNOW, NONE OF THIS WASTE CAN GET PICKED UP WITH THE WIND AND SPREAD. SO IT'S EITHER GOING TO BE CONTAINED WITHIN THE BUILDING OR IN AN ADJACENT COVERED BUILDING. AND THE DUMPSTERS ALSO COVERED IF OUT. AND THEN FOR NOISE AS WELL, YOU KNOW, OPERATIONS WILL BE LIMITED TO BUSINESS HOURS ONLY. I MEAN, THEY'RE NOT GOING TO BE RUNNING FROM 10 P.M. TO 7 A.M, WHICH I KNOW IS TOWN OF HAMBURG IS KIND OF QUIET HOURS. AND YOU GUYS, YOU KNOW, THE CODE LISTS

[01:00:06]

OKAY. BEFORE WE GO ANY FURTHER, I DON'T KNOW HOW SHE GOT COMMENTS FROM THE LW RP, AND WE'RE STILL WAITING ON COMMENTS FROM THE LW RP. SO IS THERE SOME CONFUSION THERE? I DON'T KNOW HOW YOU WOULD HAVE GOTTEN COMMENTS FROM THE LW RP BECAUSE WE HAVEN'T SEEN THEM YET. IT'S MY UNDERSTANDING THEY'RE NOT. THEY'RE STILL NOT READY YET. THAT IS CORRECT. THEY GAVE SOME PRELIMINARY COMMENTS THE FIRST TIME THAT THEY HAD MET, WHICH WASN'T THE OFFICIAL RECOMMENDATION, BUT THEY HAD SOME INITIAL THOUGHTS. BUT TO MY KNOWLEDGE, THERE HAS NOT BEEN THE OFFICIAL RECOMMENDATION THAT WE TYPICALLY GET THAT IS SHARED WITH THE BOARD, LIKE I SAID. SO THAT'S THE ONE PIECE THAT WE'RE STILL WAITING ON BEFORE THIS BOARD CAN MAKE A SECRET DECISION. WE'RE WAITING ON THE RECOMMENDATION FROM THE LW, RP COMMITTEE. I SPOKE WITH MARK MOLESKY OF THAT COMMITTEE LATE LAST WEEK, ASKING WHEN WOULD BE IF HE WAS, THE COMMITTEE WOULD BE ABLE TO MEET WITH THE APPLICANT ONE MORE TIME, NOT WITH THE USES BEING CLARIFIED WITH THE FIAF BEING UPDATED, BECAUSE I KNOW THERE WERE SOME QUESTIONS ABOUT THAT. SO NOW THAT WE HAVE A FINALIZED FIAF PART ONE AND WE HAVE, I THINK, YOU KNOW, WE KNOW WHERE THE WHERE THE PROPOSED USES ARE GOING TO BE. HE MENTIONED THAT, OR AT LEAST HE TOLD ME THAT THEY COULD MEET BEFORE OUR JULY 23RD MEETING AND GET US SOMETHING IN WRITING BEFORE THAT MEETING, SO THIS BOARD CAN REVIEW IT AND HOPEFULLY MAKE A SECRET DECISION ON THE 23RD. I KNOW, DON'T WANT TO THROW HIM ON THE SPOT, BUT I KNOW BILL CLARK AND BOTH KIM FINLEY ARE ON THOSE COMMITTEES.

I DON'T KNOW IF THEY HAVE ANYTHING TO ADD OTHER THAN WHAT I JUST SAID, BUT THAT'S THE LATEST THAT I GOT LAST TIME I TALKED TO MARK WAS EARLY LAST WEEK, SO WHATEVER YOU GOT AFTER THAT IS MORE CURRENT THAN WHAT I HAVE. OKAY. THAT WAS MEMBER CLARK. OKAY. THAT WAS MY ONE QUESTION. I'M GOING TO TURN IT OVER TO THE BOARD. DID THE BOARD HAVE ANYTHING ELSE TO QUESTION TO ASK? MEMBER MCCORMICK. MCCORMICK HERE? A COUPLE THINGS THAT I'D LIKE TO PUT FORWARD FOR CONSIDERATION. ONE, THERE'S A LOT GOING ON ON THIS SITE, SO I THINK IT WOULD BE GOOD SOONER RATHER THAN LATER TO HAVE THE PLANNING DEPARTMENT START PREPARING PART TWO AND PART THREE SO THAT WE CAN THOUGHTFULLY REVIEW ALL THAT. THERE'S JUST A LOT OF PIECES EVEN AHEAD OF GETTING THE. AND THE SECOND IS I WOULD RECOMMEND THAT WE ASK THE APPLICANT TO, IN ADDITION TO ONE PROVIDING THEIR RESPONSES TO PUBLIC COMMENT AND WRITING THAT IN THAT OR IN A COVER LETTER. THEY PROVIDE ALL OF THESE MITIGATION MEASURES THAT THEY'RE PROPOSING TO US IN A CONSOLIDATED LIST SO THAT WE CAN REVIEW, CONSIDER THEM, INCORPORATE THEM INTO THE EAF AND INTO ANY OTHER FUTURE DOCUMENTATION THAT WE PRODUCE. I THINK HAVING THAT CONSOLIDATED IS REALLY GOING TO HELP US. I AGREE WITH THAT. I AGREE WITH THAT. ANYTHING ELSE? OKAY, SO YOU STILL GOT SOME HOMEWORK TO DO. OH YEAH. AND I, I GUESS I'M, YOU KNOW, IT'S UNFORTUNATE THAT THERE'S BEEN A DELAY, BUT THAT'S WHY WE NEED TO HAVE ALL THE PAPERWORK ON EVERY APPLICATION COMPLETED. SO THERE IS NO GRAY AREA BECAUSE THIS CAUSED A LOT OF CONFUSION AND IT DELAYED IT.

SO WE GOT TO MAKE SURE THAT IT'S ALL COMPLETE, THAT WE HAVE ALL THE INFORMATION. MEMBER MCCORMICK IS RIGHT. I THERE'S BEEN SO MUCH MATERIAL ON THIS FILE THAT I, I, I THINK THERE'S A STREETLIGHT ON THE CORNER. AND I'VE DRIVEN BY THERE SO MANY TIMES. I GOT INVITED TO THE POLICE OFFICER'S 4TH OF JULY PICNIC, BUT I DIDN'T GO. BUT ANYWAY, HAVING SAID THAT, ALL JOKING ASIDE, WE NEED TO GET THIS MOVING. MOVING. SO WHATEVER INFORMATION YOU HAVE, GET IT TO JOSH. DON'T WAIT UNTIL THE WEEK OF THE 23RD. IF YOU HAVE THE COMMENTS FROM THE PUBLIC, GET THOSE UP SO WE CAN GET THOSE OUT THERE AND WE CAN START ON PART TWO AND PART THREE AS MEMBER, MCCORMICK RECOMMENDED. AND THEN WE CAN GET THIS MOVING. AS YOU GUYS KNOW, WE DO PART TWO AND PART THREE'S VERY CONSERVATIVE. SO WE'LL GO OVER IT DURING THAT TIME. AND THEN HOPEFULLY WE HAVE A RECOMMENDATION FROM THE OTHER COMMITTEE. AND DEPENDING ON WHAT THAT RECOMMENDATION IS, I'LL ALSO GO OVER WHAT THAT MEANS FOR THIS BOARD AND MAKING A SECRET DECISION. BECAUSE DEPENDING ON WHAT THAT RECOMMENDATION IS, THERE ARE SOME STEPS THIS BOARD HAS TO TAKE DEPENDING ON THAT RECOMMENDATION OKAY. SO WE'RE GOING TO TABLE THIS UNTIL THE 23RD. YEP. OKAY. CHAIR MEMBER MCCORMICK. IN ADDITION TO THAT, AS WE'RE PULLING THOSE TWO THINGS THROUGH, IF YOU COULD SEGMENT OUT THE RELEVANT SECTIONS OF THE COMP PLAN FOR US AND ANY OF THE OTHER LONG TERM

[01:05:03]

I THINK HAVING THOSE SIDE BY SIDE, AS WE DO REVIEW THE PART TWO AND PART THREE WILL BE VERY HELPFUL. THANK YOU SIR. ANYTHING ELSE? OKAY. I THINK WE GOT OUR ASSIGNMENT FOR THE 23RD. YEP.

OKAY. JOSH, HOW MANY CASES DO WE HAVE FOR THE 23RD? LET'S SEE INCLUDING WHAT WE JUST TABLED TODAY. WE HAVE ONE, TWO, THREE. FOUR. FIVE OKAY FIVE. AS OF RIGHT NOW I'M NOT GOING TO CLOSE THE AGENDA YET BECAUSE I THINK WE HAVE GATEWAY. YEAH WE HAVE GATEWAY. CAME IN OKAY. ALRIGHT THEN WE'LL SEE YOU BACK ON THE 23RD AND HOPEFULLY WE CAN MOVE FORWARD ON THIS. OKAY. OUR LAST

[4. 3556 Lakeshore Development LLC – Requesting Site Plan Approval for the development of a mixed-use site, offering condominiums and townhomes for residential use, and commercial uses, such as restaurants, hotel space, and continuing the use of some of the existing office space at the Gateway Building, to be located at 3556 Lake Shore Road ]

REDEVELOPMENT OF THE ENTIRE PARKING LOT, STORMWATER MANAGEMENT AREA, RECREATION. UP ON THE EAST SIDE OF THE SITE, IT'S ABOUT 25 ACRES. I BELIEVE THIS PROPERTY HAS BEEN REZONED TO PUD. IS THAT CORRECT? OKAY. AND. GOT THE I'M SORRY, THE 15 CONDOMINIUM BUILDINGS. THE EXISTING BUILDING WILL REMAIN. AND I THINK THAT. DO YOU HAVE ANYTHING ELSE TO ADD? NO, I THINK IF. JOE GARAGIOLA WITH CARMINA WOULD DESIGN SO THE EXISTING GATEWAY TOWER LIKE IT KIND OF SAYS UP THERE IS 137,000FT■!S. THE OWNER IS LOOKG AT A MIXED USE FOR THAT BUILDING. LIKE IT SAYS, YOU KNOW, WE'RE LOOKING AT RESIDENTIAL FOR THE TEN UNITS PER FLOOR TYPE THING. AND THEN THE CONDOMINIUMS THEMSELVES, AS WE STATED BEFORE, HAVE EIGHT UNITS IN THEM. THEY'RE FIVE STORY BUILDINGS. EACH OF THE WE'RE CALLING THEM TOWNHOMES. I KNOW WE'RE NOT SUPPOSED TO DO THAT. CONDOMINIUMS, THEY'RE THEY'RE TWO STORIES APIECE. AND THERE'S KIND OF LIKE FOUR OF THEM STACKED ON TOP OF EACH OTHER. SO EIGHT TOTAL. I'M GOING TO BE HONEST WITH YOU, I CAN'T SPEAK TO A LOT OF THIS BULK REQUIREMENTS. I WOULD LOVE TO, BUT I KNOW THAT, YOU KNOW, WE'VE WORKED THROUGH THESE WITH THE TOWN DURING OUR PUD PROCESS, AND MARK HAS KIND OF BEEN CLOSELY WORKING WITH ENGINEERING TO MAKE SURE THAT WE, YOU KNOW, COMPLY WITH EVERYTHING THAT WE SAID WE WOULD. I THINK WE MEET ALSO REQUIREMENTS. YES, WE DO, WE DO.

SO THIS IS AN EARLY CONCEPT VIEW OF THE WHAT THE TOWNHOMES COULD LOOK LIKE. WHAT WE'RE LOOKING AT DOING IS SOME KIND OF LIKE HIGH END MASONRY THAT'S KIND OF IN THAT MID-CENTURY MODERN KIND OF LOOK, THAT OR INTERNATIONAL STYLE THAT THE EXISTING BUILDING IS. SO WE'RE NOT LOOKING TO DUPLICATE WHAT'S THERE, BUT WE'RE LOOKING TO KIND OF RESPOND TO IT AND MAKE IT REALLY FIT INTO THE SITE. THE OWNER IS REALLY EXCITED ABOUT HAVING SOMETHING ON THE WATERFRONT AND LOOK OUT TO THE WATERFRONT. SO WE'RE TRYING TO, YOU KNOW, MAINTAIN AS MUCH GREEN SPACE AS POSSIBLE, BUT STILL MAKE THE PROJECT FEASIBLE. IS THERE ONE MORE SLIDE? I THINK THAT'S IT.

THAT'S IT. OKAY. HAPPY TO ANSWER ANY QUESTIONS. AGAIN, SORRY FOR NOT BEING AS PREPARED AS WE WOULD HAVE HAD WE KNOWN WE WERE SUPPOSED TO GIVE A PRESENTATION TODAY. OKAY. MEMBER SHIMURA, JUST TO MAKE A QUICK CLARIFICATION THAT PRIOR TO THIS MEETING, I WAS PREVIOUSLY RECUSED DUE TO A CONFLICT OF INTEREST BY BASIS OF THE PREVIOUS OWNER OF THE GATEWAY BUILDING RPO KILL. I HAVE A FINANCIAL INTEREST IN THE COMPANY. THEY ARE NO LONGER INVOLVED IN THE PROJECT AND NOT EVEN FROM A DEVELOPMENT STANDPOINT. SO THEREFORE I AM

[01:10:07]

THANKS. IN. SORRY REAL QUICK. MARK IS SUPPOSED TO BE HERE IN FIVE MINUTES. I DON'T KNOW IF WE WANT TO WAIT OR WE CAN KEEP GOING. IT'S UP TO YOU. I CAN GIVE SOME BACKGROUND TO KILL THE TIME BEFORE HE COMES. I WOULD REALLY APPRECIATE THAT. SURE. YEAH. JOSH, BUDDY. I ACTUALLY HAVE A QUESTION. SO IN READING THE NEW MATERIAL THAT WE GOT, THIS WILL BE WE CAN DISCUSS THIS AS WE GO THROUGH PREVIOUS BECAUSE I WAS ON CODE REVIEW WHEN THIS CAME TO US THAT WE WERE TALKING ABOUT A GYM IN NUSSBAUMER STILL STAYING IN THE BUILDING, THAT THERE WAS SUPPOSED TO BE A GYM IN A RESTAURANT, THERE WAS A DISCUSSION ABOUT A ROOFTOP RESTAURANT, AND I WOULD JUST LIKE UPDATES OF THAT. OKAY. DO YOU GUYS KNOW ABOUT THAT? YEAH.

SO I CAN SPEAK TO THAT A LITTLE BIT. I KNOW THAT THE OWNER HAS BEEN WORKING WITH ALL OF THE TENANTS IN THE BUILDING TO KEEP THEM THERE. I KNOW THAT HE HAS SIGNED SOME LEASE EXTENSIONS WITH SOME OF THEM CURRENTLY, OKAY. RMP BEING ONE OF THEM. NUSSBAUMER I KNOW THAT HE HAS NOT WORKED OUT A LONG TERM LEASE AGREEMENT WITH THEM, BUT THAT IS THE INTENTION TO KEEP THEM AT THIS TIME. THE GYM ITSELF IS STILL PLANNED TO BE ON THE INSIDE. IT'S NOT LIKE A GYM.

IT'S KIND OF LIKE A SOMETHING FOR THE COMMUNITY. AND, YOU KNOW, TOWN TOWNHOME OWNERS, PEOPLE STAYING AT THE HOTEL, THINGS LIKE THAT. OKAY. THAT HELPS THE ROOFTOP PIECE. I KNOW THAT THE OWNER WOULD STILL LIKE TO DO THAT. HE'S REALLY INTO THE WINDOWS ON THE WORLD, AND HE FEELS LIKE THAT BUILDING WOULD BE PERFECT FOR SOMETHING LIKE THAT, TO HAVE THE VIEWS OUT TO THE LAKE. SO HE'S STILL LOOKING VERY MUCH FOR THE TO BRING THE PUBLIC IN AND MAKE THIS A PUBLIC PLACE, NOT A PRIVATE CONDOMINIUM, IF THAT MAKES SENSE. OKAY. MEMBER MCCORMICK, CAN YOU TALK THROUGH THE PHASING FOR THE PROJECT? AND WHEN I THINK ONE OF THE KEY PIECES OF THIS BOARD'S RECOMMENDATION PREVIOUSLY WAS PUBLIC ACCESS. AND PART OF THAT, MEMBERS OF THIS BOARD AT THE TIME WERE VERY INTERESTED IN THAT ROOFTOP SPACE, BECAUSE THAT WAS PROVIDING LAKE AND WATER VIEWS AND ACCESS THAT WEREN'T OTHERWISE AVAILABLE. SO CAN YOU TALK ABOUT THE PHASING FOR THE DIFFERENT PHASES OF THE PROJECT AND AT WHAT PHASE? EACH OF THOSE THINGS HAPPEN? BECAUSE I THINK MAINTAINING THOSE WATER VIEWS IN THAT PUBLIC ACCESS IS GOING TO BE A PRIORITY EARLY, EARLY IN THE PHASES. ABSOLUTELY. SO DURING THAT PUD PROCESS, I BELIEVE WE COMMITTED TO DURING PHASE ONE, WHETHER THAT BE THE TOWNHOMES OR THE BUILDING, WE WOULD COMMIT TO DOING THE AMENITIES RIGHT AWAY. SO THAT WASN'T SOMETHING THAT WAS, YOU KNOW, LET'S DO THIS AND THEN LET'S DO THAT AND THEN, OH, THE AMENITIES WILL COME LATER. I KNOW THAT HE'S VERY COMMITTED TO DOING ALL OF THOSE THINGS THAT WE HAVE ON THE PLAN FIRST, ALONG WITH WHATEVER OTHER PHASE HE DOES FIRST. SO TO CLARIFY THIS MEMBER MCCORMICK, YOU MEAN BY AMENITIES, YOU MEAN THE TRAILS AND WALKING PATHS. EXACTLY. OKAY. EXACTLY THE EXTERIOR AMENITIES. YEAH. WHAT ABOUT THE RESTAURANT? I KNOW HE'S ACTIVELY LOOKING FOR SOMEBODY TO HELP HIM WITH. THERE BE A RESTAURANT TOUR. SO I KNOW THAT HE'S TALKED TO A FEW LOCAL PEOPLE ABOUT IT, AND HE'S TALKED TO A FEW NON-LOCAL PEOPLE ABOUT IT. HE DOESN'T HAVE ANYTHING SOLIDIFIED YET FOR WHO WILL BE RUNNING THE RESTAURANT, BUT HE IS VERY ACTIVELY SEEKING THAT. WHICH PHASE IS THAT ANTICIPATED TO BE PART OF? I, FROM OUR CONVERSATIONS, HE WANTS IT TO BE PHASE ONE. TO BE TRUTHFUL, IF IT EXACTLY LINES UP TO BE PHASE ONE THAT I'M NOT ENTIRELY POSITIVE ON, THIS IS MEMBERSHIP JUST FOR MEMBERSHIP OR JUST FOR A CLARIFICATION WITH RESPECT TO HOW LIKE THE PROCESS GOES? IF THE APPLICANT IS GOING TO BE PROPOSED, IS GOING TO BE PROPOSING THE USE OF A RESTAURANT AND THAT THEN ARE THEY DOING IF THEY DON'T HAVE A RESTAURATEUR SIGNED ON, BUT YET ARE DOING ESSENTIALLY LIKE A WHITE BOX, RIGHT? FROM LIKE AN ENGINEERING STANDPOINT, YOU END UP GETTING LIKE, WHAT ARE YOU GOING TO BE LIKE A GREASE TRAP? OR, YOU KNOW, IF IT'S A FULL SERVICE RESTAURANT, WOULD THAT STILL BE ABLE TO ALLOW THEM TO HAVE THAT BE AN APPROVED USE FOR PHASE ONE AND THEN LIKE THEY SIGN THE ACTUAL AGREEMENT FOR THE ACTUAL BUSINESS? LIKE, I'M JUST WONDERING, LIKE WITHOUT PRECLUDING IF THEY COULD ALLOW THAT PART STILL MOVE FORWARD. SO CAMMIE GERALD TOWN ENGINEER, WHAT THAT REALLY FALLS UNDER IS BUILDING PERMITS AND HOW THE BUILDING DEPARTMENT DECIDES TO BREAK THAT DOWN FOR WHEN THEY'RE DOING RENOVATIONS AT THE GATEWAY BUILDING. SO IF THEY START TO RENOVATE A SPACE, THEY DO HAVE TO IDENTIFY IF IT'S GOING TO BE A RESTAURANT BECAUSE THEY'LL HAVE KITCHEN AND SPECIFIC CODE ITEMS THAT THEY HAVE TO MEET. YOU MENTIONED A GREASE TRAP, THE KITCHEN HOOD, YOU KNOW, THINGS LIKE THAT THAT THEY WOULD HAVE TO MEET. SO IT WOULD SEEM TO ME, AND ALTHOUGH I CAN'T SPEAK FOR

[01:15:01]

WHEN THEY REZONE THIS PROPERTY FOR THE PUD, THERE WERE SPECIFICS THAT THEY HAD REQUIRED CONDITIONS ON. AND THE FIRST CONDITION WAS THAT THE APPLICANT WILL PROVIDE THE APPROVED OFFERING PLAN WHEN IT BECOMES AVAILABLE. PUBLIC AMENITIES SUCH AS TRAILS, WALKWAYS, ETC, AS SHOWN ON THIS FINAL SITE PLAN PROVIDED IN THE FIRST STAGE OF THE PROJECT. BECAUSE THAT'S PART OF THIS, THE BEACH WALK AND THE IN THE AMENITIES AND TO MEET WITHIN THIS PROJECT. AM I AM I ON THE RIGHT TRACK HERE? MEMBER MCCORMICK. YES, IT'S MEMBER MCCORMICK. I AGREE WITH THE CHAIR. SO MY CONCERN IS THAT WE GET RESIDENTIAL USE THAT BUILDS UP ON THIS PROPERTY AND ALL OF THOSE OTHER BUILDINGS AND THINGS HAPPEN, BUT THE RESTAURANT AND THE PUBLIC ACCESS TO THE SITE ISN'T OCCURRING AT AN EARLY PHASE. AND SO I'M LESS CONCERNED ABOUT THE BUILDING PERMIT AND ALL THAT, BUT MAKING SURE THAT THAT THAT PUBLIC COMPONENT AND THE REASON FOR SOMEBODY COMING TO THE SITE IS OCCURRING EARLY. SO THAT'S SOMETHING I'D JUST LIKE TO MAKE SURE THAT YOU GUYS COME BACK TO. AND THAT NEEDS TO HAPPEN, IN MY OPINION, EARLY, TO HELP MAKE SURE THAT THAT SITE AND ITS WATERFRONT AMENITIES ARE AVAILABLE TO THE PUBLIC. AND JUST FOR THE RECORD, BEFORE ANYBODY SAYS ANYTHING MORE, WALKING IN THIS EVENING, A LITTLE LATE, BUT WE'RE BUT BETTER. DEPENDING ON WHO I WAS, I WAS BETTER, BETTER LATE THAN NEVER. AND I'LL LET HIM INTRODUCE HIMSELF. AND THEN HE CAN CLARIFY. WE'LL LET HIM CATCH HIS BREATH. THANK YOU. MARK.

YOU'RE ACTUALLY GOING TO HAVE TO HOLD THAT MIC. OKAY. IS IT ON? OH, PLEASE DON'T SHUT IT OFF. IS IT? THERE WE GO. THERE YOU GO. OFF ON, OFF. MARK ROMANOWSKI I'M HERE ON BEHALF. NO, NO, NO. IT'S RECORDING. YEAH. HE. CAME ON. THANK YOU. JOSH, I FEEL LIKE I'M WORKING IN A NIGHTCLUB. SO. MARK ROMANOWSKI, ROB PFALZGRAF, THANKS FOR YOUR PATIENCE WITH ME THIS EVENING. WE'RE WE'RE HERE NOW ON THE SITE PLAN. OBVIOUSLY, YOU GUYS ARE AWARE WE'VE GONE THROUGH THE APPROVAL PROCESS WITH YOU PREVIOUSLY, AND THE CLIENT AND NOW OWNER IS READY TO MOVE FORWARD WITH WITH DEVELOPMENT OF THE SITE. HIS PLAN ACTUALLY IS TO MOVE FORWARD WITH ALL PHASES OF THE SITE AT THIS AT THIS STAGE, TO MOVE IT FORWARD AT THIS POINT IN TIME. ORIGINALLY WE THOUGHT WOULD BE THE TOWER FIRST, BUT NOW IT'S ACTUALLY GOING TO BE BOTH THE TOWER AND WHAT I KNOW. YOU GUYS CALL THEM CONDOS. WE CALL THEM TOWNHOMES, WHATEVER THEY'RE CALLED. THOSE ARE GOING TO BE MOVING FORWARD ON A ON A PARALLEL PATH AS WELL. SO WE THOUGHT IT WAS GOING TO BE A MORE PHASED DEVELOPMENT, BUT IT LOOKS LIKE IT'S GOING TO REALLY BE ALL PHASES SIMULTANEOUSLY. I DID AS I WALKED IN THE DOOR, HEARD SOME COMMENTS REGARDING THE PUBLIC AMENITIES. IT IS OUR INTENTION THAT THOSE WOULD BE CONSTRUCTED AS PART OF THE FIRST PHASE FROM THE OUTSET, SO THAT

[01:20:01]

SO THAT'S OUR INTENTION ON THIS AS WELL. AS FAR AS THE PROGRAMING GOES, THE WE WILL BE PROVIDING SOME MORE DETAILS ON THE BREAKDOWN OF THE LAYOUT WITHIN THE BUILDING THAT'S GOING TO BE FORTHCOMING, BUT THE BREAKOUT OF USES IS EXACTLY AS WE PROPOSED ORIGINALLY. SO IT'S GOING TO BE A MIX OF. THE FIRST BUILD OUT WILL PROBABLY BE THE HOTEL COMPONENT. SO THE LOBBY AREA, FIRST FLOOR RESTAURANT THAT THAT TYPE OF SPACE IS GOING TO BE BUILT OUT. FIRST HOTEL SPACE WITHIN IT, MAINTAINING THE COMMERCIAL SPACE THAT'S IN THE BUILDING THAT'S GOING TO BE MAINTAINED AS WELL. AND THEN THE PART OF THE HOTEL, WHAT THEY'RE THINKING IS TO MAKE SOME LARGER UNITS ON THE SEVENTH FLOOR. THAT COULD BE A DIFFERENT AMENITY THAN A TYPICAL SMALLER HOTEL ROOM. SO THE LOWER FLOORS WILL BE HOTEL SPACE, MORE TRADITIONAL, SMALLER, 250 SQUARE FOOT ISH HOTEL ROOMS, AND THEN THE UPPER FLOORS WOULD BE THE SEVENTH FLOOR WOULD BE LARGER, LARGER FOOTPRINT HOTEL ROOMS IN THAT AREA, COMMERCIAL SPACE IN THE MIDDLE. AND THEN, YOU KNOW, WE'LL SEE HOW MUCH DEMAND THERE IS FOR FILLING OUT THE REST OF THE BUILDING WITH MORE, MAYBE POTENTIALLY MORE HOTEL OR APARTMENTS. SO IT'S THAT'S THAT'S THE INITIAL PROPOSAL FOR THAT. AS THE GUYS HERE FROM CARMINA TOLD YOU, THE CONDOS ARE THE SAME AS WE PROPOSED PREVIOUSLY. AS FAR AS THE NUMBER OF UNITS, THE BREAKDOWN, ETC, THAT'S THAT IS CONTINUING AS, AS WE PROPOSED ORIGINALLY. SO THAT REALLY HASN'T CHANGED AT ALL FROM THE POD IN THAT REGARD. BUT YOU DID REDUCE IT DOWN TO 15 BUILDINGS. YES. YEP, YEP. SO REDUCE THE NUMBER OF BUILDINGS DOWN. AND THAT WAS THAT WAS PART OF THE PUTT AS WELL. AND BUT THE YOU KNOW THE BUILDING HEIGHT, TOTAL NUMBER OF UNITS, ETC, ALL THOSE ARE THE SAME AS WHAT WAS PROPOSED PREVIOUSLY. SO THAT THAT PART HASN'T CHANGED AT ALL WITH RESPECT TO THE POD, WE CAN RUN THROUGH THE BULK REQUIREMENTS. NOTHING IN ANY OF THAT IS CHANGED. WE SATISFY THE POD THAT WE SOUGHT FROM THE OUTSET. SO THAT HASN'T BEEN MODIFIED IN ANY WAY. WE ARE GOING TO BE SUBDIVIDING THE PARCEL THAT'S GOING TO BE COMING PROBABLY IN THE NEXT COUPLE OF WEEKS. WE'LL SUBMIT A SUBDIVISION APPLICATION, AND THAT'S JUST TO SEPARATE THE TOWER FROM THE TOWNHOMES THEMSELVES, BECAUSE THE TOWER IS GOING TO BE OWNED BY ITS OWN. BY I MEAN, EVERYTHING'S GOING TO BE OWNED BY THE OWNER. AND THEN EVENTUALLY THE CONDOS GET SOLD OFF TO INDIVIDUAL OWNERS. BUT JUST FOR THE CONDOMINIUM PROCESS, IT'S THAT THE TOWNHOMES ARE GOING TO GO THROUGH THAT'S GOING TO THAT'S GOING TO BE SEPARATE PARCELS. SO THERE WILL EFFECTIVELY BE THREE PARCELS.

THERE'LL BE A PARCEL WITH A COUPLE OF CONDOS UP ALONG THE CIRCLE. IN THE MIDDLE WILL BE THE DRIVE AND THE TOWER WILL BE ANOTHER PARCEL. AND THEN THE THIRD PARCEL WILL BE A CHUNK OF LAND ON THE ON THE LAKE SIDE OF THE SITE. THAT WILL BE THE, THE REMAINING TOWNHOMES. SO THAT'S JUST A FACILITATE THE AG FILING FOR THE CONDOMINIUMS WHICH WILL BE SEPARATE FROM THE TOWER. SO THE TOWER ISN'T WRAPPED INTO THE CONDO PROCESS ITSELF BECAUSE THE TOWER IS GOING TO STAY JUST SINGLE OWNERSHIP WITH WITH LEASED SPACE TO THE USERS. AGAIN, BUILDING AND PARKING SETBACKS. NONE. AGAIN, NONE OF THIS IS NONE OF THIS HAS CHANGED FROM THE POD. EVERYTHING THAT YOU APPROVED PREVIOUSLY. WE'RE MAINTAINING HERE WITH THE FINAL SITE, SITE DESIGN, LANDSCAPING.

SAME THING, GREATER THAN 50% 56 CLOSE TO 57%. SO LANDSCAPING STAYS THE SAME AS WE DISCUSSED IN THE POD. ACTUALLY I THINK IT WENT UP A LITTLE. RIGHT. YEAH. SLIGHTLY SLIGHTLY WENT SLIGHTLY UP FROM WHAT WE ANTICIPATED ORIGINALLY UNDER THE POD. AND THEN AS JOE DISCUSSED HERE, THIS IS THE THIS IS THE CONDO DESIGN FAIRLY SIMILAR TO WHAT WE SHOWED IN THE POD SLIGHTLY YOU KNOW, MORE DETAIL HERE, A LITTLE BIT A LITTLE BIT GREATER DETAIL THAN WE HAD PREVIOUSLY. NOW THAT YOU'VE HAD SOME TIME TO WORK ON IT A LITTLE BIT MORE. SO THAT'S THE THAT'S THE RENDERING FOR THAT. THE TOWER EXTERIOR IS NOT GOING TO CHANGE AT ALL. THEY'RE NOT PROPOSING THE ROOF, ANY TYPE OF ROOFTOP USE AT THIS POINT IN TIME. EVERYTHING IS INTERNAL. THAT'S WHAT. YEAH. AT THIS STAGE, IT DOESN'T MEAN WE'RE NOT GOING TO COME BACK TO YOU WITH THAT. BUT RIGHT NOW IT'S JUST KEEPING IT WITHIN THE WITHIN THE TOWER. ISN'T THAT THE OPPOSITE OF WHAT THE ARCHITECTS AND DESIGNER JUST SAID? THAT THEY WERE LOOKING FOR SOMEONE TO. THEY'RE THEY'RE ACTIVELY LOOKING FOR RESTAURATEURS FOR THAT SPACE. SO LIKE I SAID, YOU KNOW, THEY'RE LOOKING TO BUILD THAT.

YEAH. THAT'S THAT'S A FURTHER EVOLUTION. SO IT'S NOT TODAY. WE DON'T HAVE A RESTAURANT TOUR THAT WANTS TO DO THE ROOFTOP AMENITY. SO RIGHT NOW THAT THAT IS NOT BEING PUT FORTH AT THIS

[01:25:05]

THEY CAN'T HEAR YOU. DO WE HAVE A RESTAURANT ON THE POD? WE DO NOT. IT SAYS WHAT IS? WHAT'S IN THE PICTURES? NO, THE NO NO, WE DID ENVISION A RESTAURANT AS PART OF THE ORIGINAL POD. AS FAR AS THE USE A USE GOES, THERE WILL BE THERE WILL BE RESTAURANT SPACE ON THE FIRST FLOOR AT THIS AT THIS STAGE, AND EVENTUALLY WHEN A RESTAURATEUR COMES ALONG THAT CAN OPERATE THE LARGER SCALE ON THE UPPER FLOORS, THAT WILL BE SOMETHING WE'RE SEEKING TO DO. AT THIS STAGE, WE DON'T HAVE A RESTAURANT TOUR, SO WE'RE NOT SEEKING APPROVAL OF THAT USE AT THIS TIME. MIKE, CAN THIS MEMBER MCCORMICK CHAIR. MY CONCERN IS THAT I DON'T WANT TO SEE THIS NECESSARILY JUST BECOME A RESIDENTIAL DEVELOPMENT AROUND THE LARGER BUILDING THAT DOESN'T COME TO THE ORIGINAL ENVISIONMENT OF THE POD. AND I JUST THINK WE NEED TO KEEP CAREFUL TRACK OF THAT AS WE WORK THROUGH THIS PROCESS AND THE CONDITIONS THAT ALIGN WITH WHAT THE CONDITIONS WERE FOR THE TOWN'S REZONING. AND IT IS NOT JUST THE POD, IT'S THE COMPREHENSIVE PLAN AND THE WRP.

YOU KNOW, THIS NEEDS WATERFRONT ENHANCED USES. AND ONE PATH THAT LEADS TO WOODLAWN PROBABLY ISN'T ENOUGH FOR A PROJECT THIS SIZE TO BE A WATERFRONT ENHANCED USE. CHAIR. I THINK THAT IT WAS TO HAVE PUBLIC ACCESS TO THE WATERFRONT SHALL BE PRIORITIZED IN EVERY PHASE OF THE PROJECT, AND THAT WE DISCUSSED PRIOR PUBLIC AMENITIES SUCH AS TRAILS AND WALKWAYS, AS SHOWN ON THE FINAL SITE. PLAN PUBLIC ACCESS. AGAIN, THEY TALK ABOUT ENHANCED PROTECTION ALONG RUSH CREEK, SUCH AS MAINTAINING VEGETATION. I REMEMBER THAT DISCUSSION IN STORMWATER MANAGEMENT. WE TALKED ABOUT THE OUTDOOR USE IN THE FRONT THAT THE PUBLIC COULD COME AND USE. IF THERE'S A POND UP FRONT, CAN WE GO BACK TO THE THERE WAS A POND AND THEN THERE WAS AN AREA WHERE A SITTING AREA THAT WE CONSIDERED TO BE ALL OF IT. I DO RECALL THE ROOFTOP RESTAURANT, BUT TO BE HONEST WITH YOU, I DON'T RECALL THAT THAT WAS PART OF THIS, THE PUBLIC ACCESS. I THOUGHT THAT PEOPLE WOULD COME USE THE GYM, USE THE RESTAURANT IN THE BUILDING AND HAVE ACCESS TO THE LAKEFRONT IS HOW I THAT'S WHERE MY THOUGHT THOUGHT WAS AT THE TIME. WELL, AND I THOUGHT THAT RESTAURANT WAS AT THE TOP. I WAS THERE WAS A WE HAD NOT TALKED ABOUT A LOWER RESTAURANT. THIS IS MEMBER MCCORMICK. IT WAS THE ROOFTOP RESTAURANT THAT HAD BEEN A SUBSTANTIAL PART OF THAT, AND PART OF WHAT MADE THE STRUCTURE THAT OTHERWISE DOESN'T HAVE AN ENHANCEMENT TO IT. THE ENHANCED USE IS MEMBER CLARK WAS STATING. RIGHT. IF IT'S NOT IN THE POD, IT WAS BECAUSE WE WERE GOING TO ADDRESS IT. SITE PLAN. AND NOW WE'RE HERE. SO IT SAYS THE REZONING OF C3 ZONE LANDS PUD IS BASED ON GENERAL USES PROPOSED BY THE APPLICANT, BUT LIMITED TO THE FOLLOWING USES, AS SHOWN ON THE 815, 2024 SITE PLAN. PREPARED CONSTRUCTION 16 FIVE STORY CONDOMINIUMS. THE ADAPTIVE REUSE OF EXISTING GATEWAY BUILDING AND OTHER IMPROVEMENTS ON THE SITE TO ALLOW FOR THE FOLLOWING RESIDENTIAL USES, INCLUDING CONDOMINIUMS AND LUXURY APARTMENTS. COMMERCIAL USES INCLUDING RESTAURANTS, BAR SPACE, COMMERCIAL ROOFTOP SPACE, BANQUET SPACE, AND HOTEL SPACE.

[01:30:01]

YEAH, I CAN TELL YOU FROM THE VIEW STUDIES WE'VE DONE JUST VISUALLY WITH FROM WITHIN THE TOWER, YOU CAN'T SEE ABOVE THE TREES UNTIL YOU'RE AT LEAST TO THE FIFTH FLOOR. THAT'S ANYTHING BELOW THAT. FORGET IT. AND EVEN EVEN THERE, IT'S NOT NOT REALLY A GREAT VIEW FROM THE, YOU KNOW, TO THE LAKE, FROM EVEN THE FOURTH OR FIFTH FLOOR. AND THE CONDOS WILL BE ABOUT TWO THIRDS THE HEIGHT OF THE TOWER. SO I DON'T THINK THERE'LL BE ANY VIEW ISSUES. I JUST WANT TO SEE IT.

SO THAT'D BE HELPFUL. YEAH. YEAH, I THINK IT'S THE CANDLES THEMSELVES ARE PROBABLY HEIGHT WISE, PRETTY SIMILAR TO THE MATURE TREES THAT ARE, THAT ARE UP ALONG THE LAKE FRONT THERE.

THE, THE ROOFTOP IS INTENDED TO GIVE THEM A VIEW OVER THE TREES, BUT THAT'S THE ROOFTOP, RIGHT? YEAH, SURE. ABSOLUTELY. I DO HAVE A QUESTION ABOUT THE PARKING SPACES. DID YOU INCREASE PARKING? I DON'T BELIEVE SO. I THINK THAT 907 WAS THE NUMBER WE USED MY RECOLLECTION ALL ALONG RIGHT FROM THE BEGINNING. YEAH. OKAY. YEAH. OKAY. IT MIGHT THAT NUMBER MIGHT BE A LITTLE HIGH BECAUSE WE'RE DOWN A UNIT AND THERE WOULD HAVE BEEN FOUR PARKING SPOTS OR ACTUALLY MORE THAN HOW MANY? MORE THAN THAT. PROBABLY. YEAH. SO MAYBE MAYBE THE NET'S A LITTLE BIT LESS THAN THE 907 BECAUSE OF THE ONE LESS BUILDING. OKAY. DO YOU HAVE ANYTHING ELSE? NOT NOT FROM MY PERSPECTIVE. IT'S AGAIN, JUST THE BEGINNING OF THE PROCESS. WE EXPECT, LIKE I SAID, TWO WEEKS FROM NOW, HAVING THE SUBDIVISION APPLICATION COMING IN ON A PARALLEL PATH JUST FOR THE THREE LOTS THAT WE'RE GOING TO EFFECTIVELY CREATE ON THIS. OKAY. CHAIR. MEMBER MCCORMACK.

ONE COMMENT ON THE SUBDIVISION IN THAT IT SOUNDS LIKE THERE MAY BE AN HOA THAT ULTIMATELY OWNS THE CONDO LOTS, AND I THINK IT WOULD BE WORTH TALKING AND UNDERSTANDING YOUR APPROACH WITH WHO WHAT ENTITY IS GOING TO BE OWNING THE WATERFRONT ACCESS AND THE TRAILS AND PATHS THAT ARE THERE. AND IT MAY BE ADVANTAGEOUS TO MAKE SURE THAT THAT IS STAYING WITH THE PRIMARY

[01:35:03]

[01:40:05]

IS THAT CORRECT? YEAH. I THINK MAYBE WITHIN THE BREAKDOWN OF THE TOWER, IT'S GOING TO BE SOMETHING WE'RE GOING TO COME BACK ON RIGHT AFTER WE GET THE HOTEL SETTLED. FIRST FLOOR DONE.

COMMERCIAL SPACE ALLOCATED. ONCE THAT GETS SET INTO PLACE, THEN WE'LL SEE HOW THE REMAINDER OF THE BUILDING BREAKS DOWN. THAT'S THAT'S REALLY THE PLAN HERE. AND THOSE ARE THOSE ARE ALL THE THINGS THAT I WANTED TO JUST BRING UP AND CLARIFY AND PROVIDE MY INPUT ON. I APPRECIATE THAT.

SO WHEN WELL, IN TERMS OF NEXT STEPS, IT SOUNDS LIKE THERE WERE SOME RENDERS AND SOME ADDITIONAL DRAWINGS THAT YOU GUYS WANTED TO PROVIDE. OUR NEXT MEETING IS JULY 23RD. DO YOU THINK YOU HAVE ENOUGH TIME BY THEN OR OUR NEXT MEETING AFTER THAT IS AUGUST 6TH? WE WERE ACTUALLY PROBABLY LOOKING AT THE NEXT THE SECOND MEETING IN AUGUST TO COME BACK BECAUSE WE'D COME BACK TO YOU.

WITH THE SUBDIVISION APPLICATION ALREADY FILED, WE CAN GET YOU THESE THESE RENDERINGS GIVE YOU SOME TIME TO DIGEST IT AND THEN AND THEN HAVE A, YOU KNOW, A MORE ROBUST CONVERSATION AT THAT POINT IN TIME. I, I MEAN, WE PROBABLY COULD GET YOU. WELL, MAYBE I'M LOOKING AT JOE. MAYBE JOE CAN GET YOU THE DRAWINGS, BUT BY THE 23RD. BUT GIVEN THAT WE HAVE A SUBDIVISION APPLICATION TO COME IN, WE MIGHT AS WELL PUSH IT INTO MID-AUGUST. SO AUGUST 6TH OR AUGUST 20TH, 20TH, 20TH. OKAY. YEAH. OKAY. SO IS THERE ANY ARE THERE ANY OTHER FURTHER QUESTION. ARE THERE ANY OTHER QUESTIONS BY THE BOARD THAT YOU WOULD LIKE TO SEE WHEN THEY WHEN THE APPLICANT RETURNS ON THE 20TH OF AUGUST. THAT WOULD BE A NO SILENCE. I'M GETTING TO KNOW THESE PEOPLE PRETTY WELL. SO WE WILL SEE YOU BACK ON THE 20TH. AND THE ONLY THING I'M GOING TO SUGGEST IS THAT WHATEVER YOU GET, IF YOU GET IT DONE, GET IT OVER. YEAH, ABSOLUTELY. WE'LL GET IT TO YOU AS SOON AS WE CAN. WE CAN DRIVE. I, I NEED TO MAKE I'M SURE THE POLICE, THE PARK POLICE MISS ME BECAUSE I HAVEN'T BEEN THERE THIS WEEK, SO I, YOU KNOW, IT'S TIME FOR ME TO GO BACK. BUT NOW YOU HAVE PART OF IT FENCED OFF, RIGHT? IF I'M NOT MISTAKEN, I WAS OUT THERE A COUPLE WEEKS AGO. YEAH. HE STARTED HE STARTED ACTUALLY DOING PARKING ON THE SITE FOR MAINLY ON THE WEEKENDS WHEN THE, WHEN THE, YOU KNOW, PARK PARKING LOT WOULD GET FILLED AND THEN THEY GET BACK INTO THE CIRCLE AND ALL THIS OTHER STUFF. SO HE STARTED ALLOWING AND CHARGING FOR PARKING ON HIS SITE TEMPORARILY. THAT'S WHAT THAT'S WHAT THAT FENCING WAS ABOUT. OKAY. BECAUSE OTHERWISE PEOPLE JUST GO AND PARK THERE ANYWAYS. SO THIS WAY IT'S A LITTLE MORE CONTROLLED.

OKAY. YEAH. SO WE WILL SEE YOU BACK ON THE 20TH THEN WE WILL SEE YOU ON THE 20TH. GREAT.

THANK YOU VERY MUCH. THANK YOU. OKAY. WE HAVE TWO SETS OF MINUTES TO BE VOTED ON. IS THERE A MOTION FROM ANYONE? THOSE WERE SUCH LONG MINUTES. JOSH, FOR YOUR FIRST CRACK, I HAVE TO SAY YOU DID A GREAT JOB. CHAIR. JUST TO CONFIRM, YOU'RE REFERRING TO JUNE 4TH AND JUNE 20TH OR JUNE 18TH. WHAT WAS IT? JUNE 4TH AND JUNE. JUNE 4TH. JUNE 4TH, JUNE 4TH AND JUNE 8TH. JUNE 4TH, JUNE 18TH. AND DID WE GET ONE FOR MAY 21ST YET? NO, IT'S STILL IN THE. STILL IN THE QUEUE. STILL IN THE STILL IN THE WORKS. THANK YOU. THEY'RE IN AN EMAIL FROM JOSH. YOU SENT US TWO EMAILS. WE GOT THE JUNE 18TH ON JUNE 19TH. SO DAY AFTER THE MEETING, THE DAY AFTER THE MEETING, YOU SENT IT TO US. IT'S THREE WHOLE PAGES. IF YOU NEED TO TAKE SOME TIME TO READ IT, MOTION TO APPROVE THE MINUTES FROM JUNE 4TH AND JUNE 18TH AS TYPED. I SECOND THAT MOTION. IT'S BEEN MOVED. AND SECOND TO VOTE. WHO WAS THERE? ANYBODY NOT HERE ON ANY OF THOSE MEETINGS? KIM WAS NOT HERE ON THE WAS IT THE JUNE 18TH. SO YOU'RE GOING TO BE SO WE CAN'T WE CAN'T VOTE ON THEM TOGETHER.

WE HAVE TO DO ONE AT A TIME. WITHDRAWN, WITHDRAWN. I MAKE A MOTION TO APPROVE THE MINUTES FROM THE JUNE 4TH MEETING. I SECOND THAT MOTION. ALL THOSE IN FAVOR? AYE. NONE OPPOSED. SO THE JUNE 4TH MINUTES HAVE BEEN APPROVED. AND THEN? IS THERE A MOTION FOR JUNE 18TH? MAKE A

[01:45:04]