[1. Public Hearing – 7:00 PM, Newton Abbott Fire Company, Inc – Requesting Site Plan Approval of a proposal for a Conex box-based live fire training facility to be located at 3426 Abbott Road]

IS A PUBLIC HEARING FOR THE NEWTON ABBOT FIRE DEPARTMENT OR FIRE COMPANY, INC. REQUESTING A SITE PLAN, APPROVAL OF A PROPOSAL FOR OUR CONEX BOX BASED LIVE FIRE TRAINING FACILITY TO BE LOCATED AT 3426 ABBOTT ROAD. IS THE APPLICANT HERE? ALL RIGHT, COME ON UP.

PLEASE BE SURE TO SPEAK INTO THE MICROPHONE. OKAY. AND YOU CAN ACTUALLY TAKE IT OFF THE STAND IF THAT'S MORE. GOOD AFTERNOON, KEVIN NOONAN, FIRE COMPANY SECOND ASSISTANT CHIEF AGAIN STANDING HERE BEFORE YOU GUYS TRYING TO GET THE APPROVAL FOR OUR CONNECT BOX TRAINING FACILITY. THE LAST MEETING, YOU GUYS ASKED FOR A SITE PLAN, WHICH I HAVE PROVIDED. IT IS GOING TO GO. I BELIEVE IT IS IN THE RED. IF JOSH CAN ZOOM IN ON THAT. SO I KNOW ONE OF THE CONCERNS WAS PARKING SPACES. AS YOU CAN SEE THERE, THERE'S PLENTY OF PARKING AND THE BACK LOT AND IT WILL IF JOSH SCROLLS DOWN, IT'S NOT GOING TO TAKE UP ANY PARKING SPOTS. THOSE ONE JUST ABOVE IT. THERE'S THE 4 OR 5 OF THEM THAT ARE RIGHT THERE. THOSE ALREADY DON'T EXIST.

THOSE WERE TAKEN OUT WHEN THE BUILDING, THE PREVIOUS BUILDING THAT WAS ON THAT PLOT WAS TORN DOWN. EVERYTHING ELSE ON THAT IS IS GOOD TO GO. OKAY. DO YOU HAVE ANYTHING ELSE TO OFFER? I DO NOT RIGHT NOW. OKAY. I'LL WAIT. YOU CAN. YOU CAN HAVE A SEAT. PLANNING DEPARTMENT. DO YOU HAVE ANYTHING MORE TO ADD? NO. OTHER THAN AFTER THE PUBLIC HEARING. IF YOU GUYS DO RECALL, YOU DID AUTHORIZE ME TO PRODUCE DRAFT APPROVAL RESOLUTIONS. I HAVE IT ON THE SCREEN FOR YOUR CONSIDERATION AFTER THE PUBLIC HEARING, IF YOU SO CHOOSE. BUT I JUST WANT TO LET YOU KNOW THAT I DID DRAFT AN APPROVAL ONE, AND I HAVE TO HAVE IT ON THE SCREEN IF YOU WANT TO GO OVER IT. OKAY. MEMBER SHIMURA, WOULD YOU PLEASE READ THE NOTICE? SURE. LEGAL NOTICE TOWN OF HAMBURG PLANNING BOARD SITE PLAN. APPROVAL NOTICE IS HEREBY GIVEN THAT THE TOWN OF HAMBURG PLANNING BOARD WILL CONDUCT A PUBLIC HEARING ON A PARCEL FOR A CONEX BOX BASED LIVE FIRE TRAINING FACILITY TO BE LOCATED AT 3426 ABBOTT ROAD. THE PUBLIC HEARING WILL BE HELD ON SEPTEMBER 17TH, 2025 AT 7:00 PM IN ROOM SEVEN A, SEVEN B OF HAMBURG TOWN HALL. THANK YOU. A PUBLIC HEARING IS AN OPPORTUNITY FOR THE PUBLIC, FOR THE COMMUNITY TO SHARE INFORMATION ON HOW THIS PROJECT CAN IMPACT YOU. A THREE MINUTE RULE WILL APPLY. IT IS NOT A QUESTION AND ANSWER PERIOD. ALL STATEMENTS MADE DURING THE PUBLIC HEARING, AS WELL AS WRITTEN CORRESPONDENCE REGARDING THIS PROJECT, ARE SENT TO THE PLANNING DEPARTMENT, WILL BE REVIEWED BY THE PLANNING BOARD AND THE APPLICANT. SO I'M NOW OPENING UP THE PUBLIC HEARING. IS THERE ANYONE HERE THAT WISHES TO MAKE COMMENT ON THIS PROJECT? COME ON UP. MAKE SURE YOU USE THE MICROPHONE AND STATE YOUR NAME PLEASE. OH, IT'S RICHARD WEBER.

OKAY. I OWN A HOUSE ON STEWART AND THAT LOT IS SO, SO, SO SMALL. IT WAS A ONE FAMILY HOME, TWO STORIES HIGH BEFORE IT GOT DEMOLISHED. THEY DIDN'T EVEN HAVE A GARAGE BECAUSE THE LOT IS SO, SO, SO SMALL. AND FOR THEM TO PUT ANYTHING UP THERE OTHER THAN LIKE A SITTING AREA OR A PARKING AREA, LIKE A PARK SETTING AREA OR EVEN ANOTHER HOUSE WOULD BE FINE. BUT TO DO ANYTHING ELSE, THERE'S NO ROOM. I MEAN, YOU COULD LOOK AT THAT, GO LOOK AT THE LOT. IT'S SMALL.

IT WAS A SMALL HOUSE. IT'S SAFETY HAZARD TO AND DURING BILLS GAMES. FORGET IT. IT'S BUMPER TO BUMPER STOP TRAFFIC THERE. IT'S ONE OF THE BUSIEST INTERSECTIONS IN ALL OF HAMBURG.

[00:25:03]

YOU CAN'T DO ANYTHING ON MILESTRIP BECAUSE IT'S MILESTRIP. THERE'S THERE'S NO PARKING OR ANYTHING THERE THAT GOES. THEN GO ABBOTT ROAD, ABBOTT ROAD. YOU CANNOT PARK ON ABBOTT ROAD. NOBODY DOES. NOBODY CAN. THAT LEAVES STEWART. THE ONLY PEOPLE THAT PARK ON STEWART ARE PEOPLE THAT LIVE THERE. AND WHEN THEY LIVE THERE, THEY KNOW TO STAY AWAY FROM THE MAILBOXES BECAUSE IT'S A RULE MOUNTED DELIVERY. AND IF YOU PARK IN FRONT OF THE MAILBOX, YOU'RE NOT GOING TO GET MAIL AND THE LOT AND OH, WOW, LOOK AT HOW BIG THIS IS. THEY ZOOMED IT IN. YOU GO LOOK AT THAT LITTLE LOT. THERE'S NO ROOM FOR ANYTHING. AND I DO NOT APPROVE OF THIS. AND I'M MY MY TENANTS DON'T EITHER. AND THERE'S A LOT OF TWO FAMILY HOMES THERE WHERE, YOU KNOW, THE TENANTS PARK ON THE STREET AND THEN THEIR FRIENDS. THERE'S NO ROOM FOR PARKING BECAUSE IT'S IT'S SO SMALL. AND THAT'S ALL I HAVE TO SAY. AND AS FAR AS THE FIRE DEPARTMENT, MY UNCLE FREDDY. FREDDY HAWKHAUSER DIED IN MAY 6TH, 1963. AS FOR A FIREFIGHTER FOR THE CITY OF BUFFALO, I'M VERY PRO FIREFIGHTER. MY. ALL MY BOYS ARE THIRD GENERATION EAGLE SCOUTS FROM THE HILLCREST FIRE DEPARTMENT IN ORCHARD PARK. I'M VERY PRO FIRE DEPARTMENT.

BUT TO TAKE THAT LITTLE SPOT OF LAND AND THEN PUT THIS TOWER UP, I MEAN, TURNING THE CORNER ON FROM FROM MILESTRIP ONTO ABBOTT ROAD, IT'S NOT GOING TO BE SAFE. AND WHENEVER THEY HAVE THEIR EVENTS THERE, THERE'S NOBODY, NO PLACE THERE THAT THEY'RE GOING TO BE ABLE TO PARK THEIR CARS. AND IF ANY OF YOU ON THE PLANNING BOARD WOULD LIKE TO DRIVE BY THAT SITE AND LOOK AT THAT LITTLE SPOT OF LAND WHERE THEY PLAN ON PUTTING THIS, IT'S IT'S IT'S KIND OF RIDICULOUS.

OKAY. THANK YOU. IS THERE ANYONE ELSE THAT HAS ANYTHING ELSE TO OFFER? SECOND CALL FOR THIS PUBLIC HEARING FOR 3426 ABBOTT ROAD. OH, WHEN THERE WAS A HOUSE THERE. OH. I'M SORRY.

THIRD AND FINAL CALL FOR THE. THREE FOUR, TWO SIX ABBOTT ROAD. ABBOTT FIRE COMPANY. SEEING NONE, I'M CLOSING THE PUBLIC HEARING. WOULD THE APPLICANT LIKE TO I. IF YOU DON'T MIND, I HAVE A QUESTION FOR JOSH. JOSH, CAN YOU. ISN'T THIS PIECE OF PROPERTY PART OF THE FIRE DEPARTMENT? I DEFER TO KEVIN TO EXPLAIN WHERE. YEAH, WE'RE PUTTING THIS ON OUR. I'M NOT SURE WHERE HE'S. I THINK HE'S TALKING ABOUT THE CORNER OF ABBOTT AND STUART BETWEEN. YEAH.

THAT'S NOT WHERE THIS IS GOING. THIS IS GOING ON OUR FIRE COMPANY PROPERTY. AND WHERE IS THAT THE RIGHT WHERE THAT DOT IS THE NEXT BLOCK UP. IS THAT WHERE THAT BIG APARTMENT? YEAH.

YES, THAT'S THAT'S WHERE WE'RE PUTTING IT. FIRE DEPARTMENT? YEAH. NO, I WAS VERY CONFUSED WHEN YOU STOOD UP HERE. AND I'M NOT TRYING TO KNOCK YOU OR ANYTHING LIKE THAT, BUT YES, THIS IS GOING ON. OUR FIRE COMPANY PROPERTY. THIS IS NOT GOING WHERE WHERE YOU WERE EXPLAINING IT. AND I WANT TO MAKE SURE THAT IT'S ABUNDANTLY CLEAR. YEAH. I'M. I I'M FINE WITH THAT. YOU JUST WHEN I GOT THE LETTER, I JUST, YOU KNOW, BECAUSE IT USED TO BE A STEWARD ADDRESS. OKAY. AND YOU KNOW, AND THEN WHEN YOU SAID THAT NUMBER AND I DROVE BY AND THERE'S NO NUMBER THERE, I JUST, YOU KNOW, I JUST FIGURED IT HAS TO BE AT THAT PARTICULAR SPOT.

BUT BUT THAT FIRE DEPARTMENT DOWN THE ROAD BY ABOUT 150 YARDS, I MEAN, THEY GOT PLENTY OF LAND FOR THAT AND PLENTY OF PARKING AS WELL. YEAH. YEAH. THIS THIS IS THIS IS GOING IN OUR COMPANY PROPERTY, NOT ADDITIONAL PROPERTY. ANYTHING LIKE THAT. YES. OKAY. I WAS VERY CONFUSED. THANK YOU FOR CLARIFYING THAT. I DON'T I DON'T KNOW WHY THEY. I DON'T EVEN KNOW WHY THEY SENT ME THAT LETTER THEN. BECAUSE IT'S. YEAH, WELL WE ARE WE NOTIFY ANYBODY THAT'S IN THE AREA. I BELIEVE IT'S 500FT. SO EVERYBODY IN THE AREA, WHENEVER THERE'S A CHANGE, THEY THOSE LETTERS GO OUT GOOD, BAD OR INDIFFERENT. SO EVERYBODY KNOWS WHAT'S GOING ON IN THE COMMUNITY. YEAH, I'M UP FOR IT. OKAY. ALL RIGHT. WELL THAT'S GOOD. SO, BOARD MEMBERS, DO YOU HAVE ANY OTHER QUESTIONS? NO. I'M GLAD THE ISSUE GOT CLARIFIED BECAUSE I WAS GETTING CONFUSED. OKAY. AS WAS I REMEMBER MCCORMICK. I HAD TWO THINGS THAT I WANTED TO MAKE SURE THAT WE ADDED INTO THE CONDITIONS WHEN WE'RE LOOKING AT IT. THE FIRST IS I WANT TO MAKE SURE THAT WE CALL OUT THE NUMBER OF THESE. THE AS I UNDERSTAND IT, THESE ARE THE FIRE COMPANY IS GOING TO BUILD THESE OUT OF THE BOXES. I THINK WE SHOULD SPECIFY THE NUMBER OF CONEX BOXES THAT THEY'RE USING, AND THE MAXIMUM ALLOWABLE HEIGHT BASED ON THEIR CONFIGURATION, RECOGNIZING THAT THEY'RE THEY MAY AT SOME POINT ADJUST THEM AS THEY'RE DOING TRAINING OR WHATEVER. BUT TO MAKE SURE THAT WE'RE RECOGNIZING THE THE MAXIMUM

[00:30:01]

HEIGHT, WHICH I THINK IS SO THE MAX HEIGHT WOULD BE 24FT BECAUSE WE'RE GOING THREE HIGH, THEY'RE EIGHT BY EIGHT. AND THEN IT WOULD BE 40FT ALONG ONE SIDE AND 60 ON THE OTHER, BECAUSE THE WAY THAT WE'RE STACKING THEM TOGETHER. YEAH. AND JUST TO MAKE SURE THAT WE GOT THOSE SITE PLAN WAS UPDATED, I APPRECIATE THAT. BUT TO MAKE SURE THAT WE GET THE 40 AND THE 60 LABELED ON THERE, AND I THINK THAT CAN BE A CONDITION TO PUT ON THERE. BUT I THINK JUST MAKING SURE THAT WE'RE SPECIFYING THE MAXIMUM HEIGHT THAT THOSE CAN BE, MAYBE IT'S 25FT IN CASE SOMETHING. YEAH. AND YOU'RE SHIMMYING SOMETHING SOMEWHERE. JUST MAKING SURE THAT WE PUT THAT IN THE CONDITIONS THAT WE HAVE HERE TO APPROPRIATELY. DOES THAT MAKE SENSE? IT DOES. BUT I JUST WANT TO CLARIFY. ONCE YOU PUT THIS UP, YOU CAN'T ADD TO IT. WE CAN'T ADD TO IT. YOU CAN ADD WE CAN ADD TO IT. AND WE WOULD OBVIOUSLY COME BACK HERE FOR ADDITIONAL APPROVAL. OKAY. AND WE NOTE THAT AS A CONDITION. RIGHT. WELL THE FACT THAT IT'S THAT IT CAN BE ADDED TO I THINK IS AN IMPORTANT POINT IN THE MINUTES. SO CAN WE HAVE THOSE.

DID YOU GET THE MEASUREMENTS. YOU SAID 24FT HIGH, 24FT HIGH. AND IT'S GOING TO BE 40 FOOT CONEX BOXES, 40 FOOT 40 AND THEN SIX. SO IT'D BE, SORRY, 56 LONG. ALL RIGHT. AND THEN 40.

SO 56 BY 40. YEAH. OKAY. AND THEN 24 TALL. 24 TALL. HOW MANY IN TOTAL? NINE. NINE. JOSH, WHAT'S THE MAXIMUM HEIGHT IN R1 FOR A HOUSE OR A STRUCTURE? BECAUSE I THINK FOR OUR PURPOSES, WE DON'T REALLY CARE HOW TALL THIS IS. WE JUST DON'T WANT IT TALLER THAN OTHER THINGS THAT WOULD BE ALLOWED IN THERE. MAXIMUM HEIGHT IS TWO AND A HALF STORIES NOT TO EXCEED. WELL, WELL, THAT'S A SWING FROM DWELLING. OTHER PRINCIPAL BUILDINGS AS REGULATED BY YARD REQUIREMENTS. AND THEN IF YOU GO TO THE OTHER PRINCIPAL BUILDINGS SHOULDN'T EXCEED 30FT. RIGHT. I'D BE OKAY IF WE PUT IT 30 INSTEAD OF 24, THEN I'D BE OKAY. YEAH, WE WOULD APPRECIATE THAT. I THINK IN LIEU OF BECAUSE THIS ISN'T LIKE A PREFAB BUILDING OR SOMETHING THEY COULD DO, SINCE WE DON'T HAVE A PLAN VIEW, WE ONLY HAVE THE TOP OR WHATEVER.

YOU DON'T HAVE A 3D VIEW? YEAH, THAT WOULD BE THAT WOULD BE WHY I THINK THAT IT'S GOOD BECAUSE THEY DON'T. CODE ENFORCEMENT DOESN'T HAVE THAT TO REFER TO. RIGHT. OKAY. SO IS THERE ANY OTHER DISCUSSION ANY OTHER QUESTIONS. SO JUST REALLY QUICK. SO I'M GOING TO CHANGE THE RESOLUTION TO SAY INSTEAD OF CONSTRUCT A KIND OF IT'S NINE CONEX BOX. SO I WOULD NOT PUT A NUMBER TO THE NEXT BOX BECAUSE IN ACTUALITY IT'S GOING TO BE ONE ONE FOR. RIGHT. AND THEN ALSO IN THE EVENT THAT BY VIRTUE OF HOW THEY FABRICATE IT ON SITE, THAT ACTUAL NUMBER OF BOXES BEING USED. BUT I DO THINK THAT HOLDING, YOU KNOW, MAXIMUM HEIGHT OF 30FT IS PROBABLY WHERE WE WANT TO GO. OKAY. SO THAT'LL BE IN SITE PLAN APPROVAL. CAMMIE, WAS THERE AN ENGINEERING LETTER FOR THIS PROJECT? YES. 912. IT DID STATE THAT I. IS THERE ANY LIGHTING ON THIS PROJECT? YEAH. ARE YOU LIKE, WILL THERE BE LIGHTING ON? NO. OKAY. SO NO, IF THERE IS, IT WILL HAVE THAT STATE. WE HAVE THAT STANDARD CLAUSE ANYWAY. NO SIDEWALKS.

AND THEN HOW DO YOU HOW DOES THE BOARD WANT THE CONDITIONS TO READ RELATED TO HEIGHT AND DIMENSIONS ON THE SITE PLAN HEIGHT NOT TO EXCEED. HEIGHT OF BUILDING NOT TO EXCEED 30FT IF RIGHT HEIGHT IS 63FT. AND THEN WE GET THE 40 BY 60. AND IF THEY GO BEYOND THAT, THEY'D HAVE TO COME BACK TO US. WELL, WE GOT 56 BY 40. BUT DO YOU WANT 40. DO YOU WANT 60 OR DO YOU WANT 56 BY 40. MIGHT AS WELL DO RIGHT. DOES IT SAY CAN I HAVE DIMENSIONS? NO, I DIDN'T PUT THEM ON THERE. I WILL ADD THEM BEFORE I LEAVE. AND THEN MAYBE THAT'S JUST FILING. IF YOU JUST REFERENCE VERSUS. BUT THEY'RE NOT THEY'RE NOT ON THERE. SO THAT'S WHY I WANTED TO MAKE SURE IT'S THERE. AND THEN MAYBE WE CAN JUST ADD AN UPDATED SITE PLAN WITH DIMENSIONS TO BE SUBMITTED. SO WE'VE GOT THE HEIGHT NOT TO EXCEED 30FT. AND THEN THE SIZE OF THE BUILDING NOT TO EXCEED. NO. IF THE IF THE BUILDING BUT IF THE BUILDING FOOTPRINT CHANGES FROM THE SITE PLAN, THEY HAVE TO COME BACK. OKAY. THEY HAVE TO RETURN TO THE PLANNING BOARD.

[00:35:13]

OKAY. YEAH. THAT'S FINE. YEAH, ABSOLUTELY. AND WE WOULD NEVER WANT TO DO ANYTHING WITHOUT HAVING APPROVAL FIRST BY ANY MEANS. OKAY. WHO WOULD LIKE TO? I KNOW.

YES. WOULD YOU LIKE TO READ THE RESOLUTION? I MEAN, THE ANSWER TO THAT IS ALWAYS NO, BUT I SUPPOSE I CAN TAKE ONE FOR THE TEAM. I THINK YOU COULD. I YOU KNOW, I MEAN, I'M JUST SAYING I'M HAPPY TO DO IT. THANK YOU. I MEAN, I'M NOT HAPPY TO DO IT, BUT I WILL HAPPILY COMPLY ON MY LAST DAY. OKAY, JOSH, THANK YOU FOR ZOOMING IN. YEP. OKAY. WAIT. CAN YOU SCROLL UP? YOU GOTTA GO TO THE TOP. DO YOU WANT TO START WITH SEEKER? YOU DON'T WANNA START WITH SITE PLAN. WE ALWAYS START WITH SEEKER. START WITH SEEKER FIRST. WE APPROVE SEEKER AND THEN DO SITE PLAN.

NO, BUT I DON'T LIKE IT. OKAY, SO. YOU HAVE TO DO SEEKER FIRST. I KNOW, SO I HAVE TO MAKE THE MOTION THEN, RIGHT? THAT'S CORRECT. SO I AM MOVING TO APPROVE THE SEEKER, THE STATE ENVIRONMENTAL QUALITY REVIEW ACT FOR THE NEWTON ABBOT FIRE COMPANY BASED LIVE FIRE TRAINING FACILITY LOCATED AT 3426 ABBOTT ROAD. DO I NEED A SECOND? WHEREAS THE TOWN OF HAMBURG PLANNING DEPARTMENT RECEIVED A SITE PLAN APPLICATION FROM NEWTON ABBOT FIRE COMPANY FOR A PROPOSAL TO CONSTRUCT A CONNEX BOX BASED LIVE FIRE TRAINING FACILITY AT 3426 ABBOTT ROAD. AND WHEREAS, THE TOWN OF HAMBURG PLANNING BOARD HELD THE REQUIRED PUBLIC HEARING ON SEPTEMBER 17TH, 2025, AND WHEREAS, THE TOWN OF HAMBURG PLANNING BOARD HAS REVIEWED THE PROJECT AGAINST THE TOWN CODE, HAS RECEIVED INPUT FROM TOWN DEPARTMENTS AND THE PUBLIC, AND HAS RECEIVED ADDITIONAL INFORMATION FROM THE APPLICANT. AND WHEREAS THE APPLICANT APPEARED BEFORE THE ZONING BOARD OF APPEALS AND RECEIVED THE REQUIRED USE VARIANCE AND TWO AREA VARIANCES TO MOVE FORWARD WITH THE APPLICATION. ON SEPTEMBER 2ND, 2025. NOW THEREFORE, BE IT RESOLVED, CAN YOU SCROLL UP? THANK YOU. BASED ON THE REVIEW FOR THIS UNLISTED ACTION AND COMPLETION OF PART TWO AND PART THREE OF THE SHORT ENVIRONMENTAL ASSESSMENT FORM, THE HAMBURG PLANNING BOARD HAS DETERMINED THAT THE PROJECT IS NOT ANTICIPATED TO RESULT IN ANY SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACTS, AND A NEGATIVE DECLARATION IS HEREBY ISSUED AND THE PLANNING BOARD CHAIR IS AUTHORIZED TO SIGN THE PART THREE, WHICH WILL ACT AS THE NEGATIVE DECLARATION. IT'S BEEN MOVED. IS THERE A SECOND? SECOND? IT'S BEEN MOVED BY MEMBER VALENTI AND SECOND BY MEMBER GERACI. ALL THOSE IN FAVOR? I SEEKERS BEEN APPROVED. WOULD YOU LIKE TO DO THE SITE PLAN? SURE THING. I ALSO MOVE TO APPROVE THE SITE PLAN FOR. DO YOU WANT ME TO READ THE WHOLE THING AGAIN? THE NEWTON ABBOT ROAD FIRE COMPANY CONEX BOX BASED FIRE TRAINING FACILITY LOCATED AT, I DON'T KNOW, ABBOTT ROAD. BASED ON THE REVIEW OF THE NEWTON ABBOT FIRE COMPANY CONEX BOX BASED LIVE FIRE TRAINING FACILITY, PROJECT MATERIALS, AND HAVING COMPLETED THE STATE ENVIRONMENTAL QUALITY REVIEW PROCESS, THE HAMBURG PLANNING BOARD HEREBY APPROVES THE PROJECT WITH THE FOLLOWING CONDITIONS AND DETERMINATIONS ONE. APPROVAL IS CONTINGENT UPON THE ENGINEERING DEPARTMENT COMMENT LETTER DATED 912 2025. TWO ANY LIGHTING SHALL BE DARK SKY COMPLIANT. THREE. SIDEWALKS ARE NOT WARRANTED FOR THE HEIGHT OF THE BUILDING SHALL NOT EXCEED 30FT. FIVE IF THE BUILDING FOOTPRINT CHANGES FROM THE APPROVED SITE PLAN, THE APPLICANT WILL HAVE TO RETURN TO THE PLANNING BOARD FOR APPROVAL. IT'S BEEN MOVED AND IS THERE A SECOND SECOND? IT'S BEEN MOVED BY MEMBER VALENTE, SECOND BY MEMBER SHIMURA. ALL THOSE IN FAVOR? YOUR RESOLUTION HAS PASSED. GOOD LUCK. THANK YOU EVERYBODY. WE APPRECIATE IT. THANK YOU. THAT INVITATION STILL STANDS ONCE IT'S UP AND RUNNING. OH THAT'S RIGHT. OKAY. OUR NEXT CASE IS WATER VALLEY

[2. Public Hearing – 7:00 PM, Water Valley Gardens, LLC – Requesting a Change of Use and Site Plan Approval for a development at 6666 Gowanda State Road]

GARDENS LLC, REQUESTING A CHANGE OF USE AND SITE PLAN APPROVAL FOR A DEVELOPMENT OF 6666 GOWANDA STATE ROAD. THE APPLICANT IS HERE. YOU CAN BRING US UP TO DATE. SURE. SO AGAIN, MY NAME IS DAN SMITH. I LIVE IN RESIDENT WATER VALLEY. I LIVE ON WENDOVER DRIVE RIGHT

[00:40:03]

AROUND THE CORNER FROM FROM THE SITE THAT WE'RE LOOKING TO REDEVELOP. JUST A LITTLE BIT OF BACKGROUND AGAIN, SINCE WE HAVE THE PUBLIC HERE, I'M GOING TO START START SOUP TO NUTS AGAIN.

SO THIS THIS SITE WAS PREVIOUSLY IT WAS A GARDEN CENTER. ORIGINALLY. IT WAS VACANT FOR A NUMBER OF YEARS AND THEN IT WAS PREVIOUSLY PURCHASED WHO I PURCHASED IT FROM FROM PERENNIAL PROPERTIES. THEY HAD PLANNED DEVELOPMENT OF ABOUT A 3000 SQUARE FOOT RESTAURANT THAT HAD A CAPACITY OF 90 PEOPLE THAT COULD EAT THERE AT ANY GIVEN TIME, SO IT WAS A MAJOR EXPANSION OF THE PROPERTY. PART OF THAT SITE PLAN WAS ABOUT 40 PARKING SPOTS THAT THEY HAD ADDED TO THE PROPERTY AS WELL. THEY DECIDED NOT TO MOVE FORWARD WITH THIS PROJECT, SINCE WE OWN THE BUILDING ADJACENT TO IT, AND THE OWNERS ALSO RUN LADY BIRD, WHO IS OUR TENANT IN THE BUILDING ADJACENT TO IT, THE OLD WATER VALLEY INN. THEY APPROACHED US TO PURCHASE THE BUILDING AGAIN. WE FELT THAT THE TWO PROPERTIES HAD TO WORK BASICALLY IN HARMONY WITH EACH OTHER. OTHERWISE, IF THERE WAS A CONFLICT BETWEEN THE TWO PROPERTIES, BOTH ZONED COMMERCIAL ONE, THAT THAT WE COULD RUN INTO PROBLEMS DOWN THE ROAD. SO WE FELT WE FELT COMPELLED TO BUY IT AND AND STRUGGLE TO FIND A USE FOR IT.

BUT OUR OUR FINAL RESOLUTION, WHICH WE HAVE AND I HAVE A LITTLE HANDOUT FOR YOU GUYS AS WELL TO KIND OF SUMMARIZE A PIECE OF THIS AS WELL. SO WE HAVE A FIRST FLOOR OF THE BUILDING. SO THERE'S A MAIN STRUCTURE OUT FRONT. IT'S THE OLD ORIGINAL BUILDING. WHEN WE PURCHASED THIS BUILDING IT HAD NO FLOOR TO IT. RIGHT. SO BASICALLY YOU WALKED INTO THE DOOR INTO THE BASEMENT BECAUSE WE STARTED CONSTRUCTION IN THAT FIRST FLOOR OF THE BUILDING. WE WERE PLANNING TO PUT A 900 SQUARE FOOT RETAIL SHOP. THAT SHOP IS GOING TO BE CALLED THE SHOP AT MILE CREEK. IT ALREADY IS KIND OF UP AND RUNNING AND GETTING GOING. RIGHT NOW. THE SHOP'S FOCUS IS REALLY LOOKING TO LOCAL ARTISANS. IF YOU THINK OF SOMEONE YOU KNOW, THE THINGS I'VE SEEN ON ON THEIR SOCIAL MEDIA RECENTLY, I'VE SEEN CANDLE MAKING, I'VE SEEN THINGS LIKE PEOPLE THAT KNIT BAGS, I'VE SEEN BASKET WEAVING, THINGS OF THAT NATURE THAT THEY'RE GOING TO USE. LOCAL ARTISANS SELL THEIR THEIR GOODS IN THEIR SHOP. THEY WILL ALSO HAVE USE FOR THE 1200 SQUARE FOOT GREENHOUSE IN THE BACK. THEY'RE GOING TO TRY TO HOST DIFFERENT WORKSHOPS. SO THE FIRST FULL WEEKEND OF EVERY MONTH, WHICH WE HAVE NOW LISTED VERY CLEARLY ON THE FRONT OF THIS, THE SHOP HAS ACCESS TO THE GREENHOUSE TO HOST THE WORKSHOPS THAT THEY WANT TO HOST. A LOCAL ARTISAN IS GOING TO COME IN. THEY'RE GOING TO HAVE A GROUP OF MAYBE 20 PEOPLE COMING TO THIS SPOT AND WHATEVER THE LOCAL ARTISAN IS GOING TO BE TEACHING THEM OR HOSTING THEM, WHETHER IT'S PAINTING, BASKET WEAVING, CANDLE MAKING, WHATEVER THE THINGS THAT THEY'RE DOING THERE, THEY'RE GOING TO SIT TOGETHER IN THE GREENHOUSE AS A GROUP AND UTILIZE THE SPACE FOR THAT. OBVIOUSLY, BECAUSE THIS IS BUFFALO, THE GREENHOUSE LIKELY WILL NOT BE USED ALL FOUR SEASONS. IT WILL LIKELY BE A THREE SEASON SPACE. SO WE ARE ADDING COOLING AND HEATING TO THE SPACE. THE SECOND SO SO LOOKING AT RETAIL ALONE IN THE CURRENT ENVIRONMENT, HAVING A RETAIL SHOP LIKE THAT ALONE DOESN'T MAKE FINANCIAL SENSE, ESPECIALLY CONSIDERING THE FUNDS THAT WE HAD TO PUT IN THE PROPERTY JUST TO GET IT BACK AND PUT IT BACK TOGETHER. SO WE HAVE TO REALLY. WE HAVE TO REALLY OFFSET THE COST THEM TO ALLOW THEIR SPACE TO BE, YOU KNOW, LOWER BUDGET BY HAVING AN AIRBNB UPSTAIRS. SO AGAIN, THIS PROPERTY IS COMMERCIALLY ZONED PROPERTY. SO WE HAVE A TWO BEDROOM AIRBNB UPSTAIRS. AND THAT TWO BEDROOM AIRBNB WE EXPECT TO MAYBE HAVE FIVE GUESTS MAXIMUM. AGAIN WE GOT UP TO A SPACE FOR THE FIRST TIME SINCE WE PURCHASED THE PROPERTY THIS PAST WEEK. THE FLOOR GOT INSTALLED THIS PAST WEEK SO WE HAVE NOT SEEN THE SPACE UPSTAIRS. THE ONE ROOM IS A SMALL ROOM, SO IT'S LIKELY GOING TO BE A FIVE PERSON MAXIMUM CAPACITY DEPENDING ON HOW WE FIGURE THAT OUT. SO A RELATIVELY SMALL. THE THE LAST PIECE TO THIS IS REALLY GOING TO BE LOOKING TO DO SMALL EVENT SPACE. SO THEN THE OTHER OTHER THREE WEEKENDS A MONTH WE'RE LOOKING TO HOST MAYBE SMALL BABY SHOWERS. YOU KNOW OUR MAX CAPACITY IN THE GREENHOUSE IS 49 PEOPLE. SO WE'RE LOOKING TO HAVE BABY SHOWERS, WEDDING SHOWERS, MAYBE A GRADUATION PARTY. AND AGAIN, IF WE'RE LOOKING AT THREE WEEKENDS A MONTH FOR THAT, WE'RE TALKING SIX TOTAL DAYS A MONTH THAT WE MIGHT HAVE A MAXIMUM OF 49 PEOPLE UTILIZING THE SPACE FOR THOSE EVENTS. AGAIN, IF WE LOOKED AT THESE SPACES, I'M A RESIDENT OF THE SPACE. WE'RE NOT LOOKING FOR LATE NIGHT PARTIES HERE. WE'RE LOOKING FOR VERY MUCH NEIGHBOR FRIENDLY, YOU KNOW, EVENTS THAT HAPPEN. YOU KNOW, MAYBE AN EARLY AFTERNOON IS THE TYPICAL TIME FOR A BABY SHOWER, WEDDING SHOWER THING OF THAT NATURE ON A SATURDAY AND SUNDAY. SO THAT PRETTY MUCH SUMS UP THE THE USE OF THE PROPERTY AND HOW WE'RE USING IT FOR THE INITIAL CONCERN THAT WE'VE HAD HERE, AT LEAST MY MY IMPRESSION OF THE MAJOR CONCERN OF THE PLANNING BOARD HAS BEEN HERE HAS BEEN PARKING SPACES. WE HAVE A PROPOSED PLAN, THE SAME PROPOSED PLAN FROM AN ENGINEERING LAYOUT OF OF ABOUT 36 TOTAL SPOTS THAT WE'RE GOING TO BE PUTTING AROUND THE PROPERTY, AND THOSE 36 TOTAL SPOTS THAT WE'RE PUTTING AROUND THE PROPERTY SHOULD BE SUFFICIENT FOR THE FULL USE OF THE PROPERTY IF IT IS NOT SUFFICIENT. WE ALSO OWN THE BUILDING NEXT DOOR, RIGHT. SO WE'RE GOING TO HAVE A JOINT LEASE AGREEMENT WHERE THE OVERFLOW OF PARKING FROM EACH FACILITY CAN BE USED FOR EACH OTHER. AGAIN, IF I GO BACK TO THE BEGINNING, THIS IS THE REASON WE PURCHASED THE PROPERTY, WAS TO NOT HAVE PARKING ISSUES FROM THE GET GO.

WE KNEW THAT LADY BIRD HAD A SMALLER PROPERTY, SMALLER PARKING LOT. IF WE RUN INTO

[00:45:02]

PROBLEMS, WE HAD TO HAVE THE OVERFLOW GOING TO THE BIGGER SPACE. THE HOURS OF OPERATIONS FOR EACH OF THESE DO WORK WELL TOGETHER. THE AIRBNBS FIRST AND FOREMOST, PEOPLE DON'T GO TO WATER VALLEY, NEW YORK FOR AN AIRBNB JUST TO SIT IN WATER VALLEY, NEW YORK, IN AN APARTMENT. THEY GO THERE TO SPEND THE NIGHT THERE. THIS IS NOT A BEACH HOUSE. THIS IS NOT A SUMMER RESORT. PEOPLE GO THERE, THEY SPEND THE NIGHT THERE. THEY LEAVE DURING THE DAYS, WHETHER THEY'RE GOING TO UNEMPLOYMENT. SOME OF THE PEOPLE WE'VE HAD AT THE PLACE NEXT DOOR HAVE BEEN EMPLOYEES BUILDING A STADIUM. WE'VE HAD PEOPLE VISITING BILLS GAMES, WE HAVE PEOPLE VISITING FAMILY. SO THESE ARE PLACES THAT THE AIRBNBS THEMSELVES ARE REALLY OVERNIGHT PARKING, AND I RARELY SEE PEOPLE THERE DURING THE DAY WHEN I DRIVE PAST AGAIN. I LIVE RIGHT AROUND THE CORNER DURING THE DAYTIME MONDAY AND TUESDAY WHEN LADY BIRD IS NOT OPEN. I ALMOST NEVER SEE CAR PARKS, CARS PARKED THERE, AND I WOULD ANTICIPATE THE SAME IS TRUE FOR THE AIRBNB GOING HERE. THE NEXT PIECE OF THIS THEN IS THE WORKSHOPS, THE WORKSHOPS, AND THE SMALL EVENTS LIKE THE BABY SHOWERS. THESE ARE NOT HAPPENING SIMULTANEOUSLY, RIGHT? SO IN THE LEASE THAT WE'RE DRAFTING WITH THE SHOP, 18 MILE CREEK, THEY HAVE FIRST FULL WEEKEND OF EVERY MONTH, AND THEY HAVE THE WEEKDAYS TO UTILIZE THE GREENHOUSES WORKSHOPS. THERE'S NOT GOING TO BE SMALL EVENTS HAPPENING WHILE THEY ARE HOSTING WORKSHOPS THERE AGAIN. THEN THE LAST PIECE IS MAYBE THE BIGGEST CONCERN IS THESE SMALL EVENTS.

WE HAVE A 49 PERSON CAPACITY. THESE EVENTS ARE GOING TO BE HAPPENING WHEN MOST LIKELY LADY BIRD IS CLOSING DOWN FOR THE DAY, WHEN THE SHOP 18 MILE CREEK AGAIN, SMALL RETAIL SHOP.

A BIG PIECE OF THE REVENUE IS GOING TO BE THE WORKSHOPS. PEOPLE ARE. WE'RE NOT GOING TO HAVE A PACKED EIGHT 900 SQUARE FOOT SHOP OF ALL PEOPLE, YOU KNOW, SHOPPING FOR CANDLES, 50 PEOPLE LOOKING FOR A CANDLE AT THE SAME TIME. RIGHT? SO WE EXPECT THE TRAFFIC OF THE SHOP TO BE, YOU KNOW, MAYBE 3 OR 4 CARS MAXIMUM AT ANY GIVEN TIME, INCLUDING THE SINGLE EMPLOYEE THAT THEY'RE GOING TO HAVE THERE. SO WE HAVE THAT SUMMARIZED. YOU GUYS REQUESTED LAST TIME THAT WE SUMMARIZE THE ACTUAL USE OF THE BUILDING. SO WE HAVE THAT SUMMARIZE. WE ALSO HAVE A DIAGRAM OF WHAT WE HOPE THE BUILDING IS GOING TO LOOK LIKE ONCE IT'S COMPLETE. AND YOU KNOW, HOPEFULLY IF THIS GOES THROUGH IN A POSITIVE MANNER, WE'RE REALLY HOPING TO WRAP THIS UP BEFORE THE WINTER TIME. SO WE'LL START TO SEE THE SHOP OPENING WITHIN THE NEXT MONTH OR SO. IF EVERYTHING GOES, GOES ACCORDING TO PLAN. THE LAST PIECE TO THIS IS THE TRAFFIC. WE DID HAVE OFFICIAL TRAFFIC STUDY DONE BY ARROW, AND THEY BASICALLY ARE LOOKING AT THE THE THE I DON'T DO THIS FOR A LIVING. RIGHT. SO I'M JUST KIND OF SPEAKING WHAT WAS SAID TO ME FROM THE TRAFFIC ENGINEER THAT THEY LOOKED AT THIS SPACE IN ORDER TO REALLY HAVE A TRAFFIC STUDY DONE, YOU'RE LOOKING TO HAVE 100 ADDITIONAL CARS PER HOUR, AND OUR UTILIZATION IS SIGNIFICANTLY BELOW THAT, THAT REALLY WE THERE'S NO REASON TO EVEN GET A TRAFFIC STUDY DONE. BUT WE DO HAVE FULL DOCUMENTATION OF THAT BEHIND THIS FIRST SHEET SHOWING THE UTILIZATION, HOW IT WOULD IMPACT TRAFFIC IN THE AREA.

AGAIN, A VERY INSIGNIFICANT IMPACT TO TRAFFIC IN THE AREA. OKAY. ANYTHING ELSE? I THINK THAT'S PRETTY MUCH IT. OKAY. JOSH, DO YOU HAVE ANYTHING ELSE TO OFFER IN THE TRAFFIC MEMO DONE BY PESARO, THEIR RECOMMENDATION AND THEN THEIR PROFESSIONAL OPINION, IT SAYS THAT THEY BELIEVE TWO DRIVEWAYS ARE WARRANTED AND RECOMMENDED. DID THEY HAVE ANY CONVERSATION WITH NYSDOT OR HAS THIS BEEN SHARED WITH NYSDOT? THEIR THEIR OPINION? YOU KNOW, A PROFESSIONAL FIRM IS RECOMMENDING HAVING TWO DRIVEWAYS ONTO THE STATE HIGHWAY. SO SO WE ARE STILL DEBATING THIS WITH THE DEPARTMENT OF TRANSPORTATION.

OKAY. WE DON'T THINK THAT THIS SHOULD REALLY HOLD UP THE RECOMMENDATION HERE. YOU KNOW, WE'RE LOOKING FOR A CHANGE OF USE IS VERY SPECIFICALLY THE GREENHOUSE TO BE A CHANGE OF USE TO A SMALL EVENT SPACE WHERE IT WASN'T BEFORE, IT WAS ONLY RETAIL BEFORE. SO WHAT WE'RE HERE FOR IS VERY SPECIFICALLY THAT WE'VE ALREADY BEEN TO THE ZONING BOARD, WHERE WE HAVE GOTTEN APPROVED FOR THE AREA VARIANCE FOR FOR THE LIQUOR LICENSE. WE'VE BEEN APPROVED TO HAVE THE PARKING. I THINK THE ENTRANCE OF THE DRIVEWAY IS A DETAIL, AND IF WE HAVE TO HAVE A DIFFERENT SITE PLAN DRAWN UP BECAUSE OF THE RESOLUTION TO THE TO THE TWO VERSUS ONE DRIVEWAYS, WE'D HAVE TO COME BACK HERE AND GET ANOTHER APPROVAL JUST TO RECONFIGURE THE PARKING AND THE SITE PLAN IN ACCORDANCE WITH THAT. SO I'M CONFUSED. CLARIFY YOU ARE WORKING WITH THE STATE ON ON THAT AND YOU'RE WAITING TO HEAR BACK FROM THEM OR YOU HAVEN'T HAD A CONVERSATION WITH THEM. SO THE STATE ASKED THAT THEY REMOVE ONE OF THE DRIVEWAYS AND ONLY HAVE ONE DRIVEWAY. WE HAD INITIAL I HAVE INITIAL CONCERNS WITH THAT.

LIKE I'VE AGAIN, I'M A RESIDENT THERE. I'VE LIVED THERE A LONG TIME. THE ENTIRE AREA, IF YOU LOOK AT IT, EVERY BUILDING, IF YOU LOOK AT OUR ANIMAL RESCUE, RIGHT, THAT'S THREE DRIVEWAYS WITH NO CURB GOING ALONG. IF YOU LOOK AT WATER VALLEY IN, IT'S A SINGLE DRIVEWAY WITH NO CURB GOING ALONG. IF YOU LOOK AT THIS PROPERTY, IT IS TWO DRIVEWAYS WITH NO CURB GOING ALONG. AND EVEN BRAY MILLER IS UP THE ROAD NOW HAS THREE DRIVEWAYS ASSOCIATED WITH IT.

SO YOU KNOW, WE WERE, YOU KNOW, I GUESS REQUIRED TO HAVE THIS CONVERSATION WITH THE DEPARTMENT OF STATE. AND THEY WANT TO REMOVE THAT DRIVEWAY THAT YOU'RE LOOKING AT RIGHT THERE. OUR BIGGEST CONCERN WITH THAT. MY CONCERN I'VE BEEN A CARETAKER TO ELDERLY PARENTS AND ELDERLY GRANDPARENTS UNTIL THEY ALL PASSED AWAY. AND IF YOU HAVE A 70 YEAR OLD PERSON

[00:50:01]

WHO'S WHO'S BEEN USING THAT DRIVEWAY FOR THE PAST 40 YEARS AND THREE MONTHS A YEAR, THIS IS THE SNOW BELT, RIGHT? SO WE GET A LOT OF SNOW AND THAT THIS ROAD IS NOT PLOWED. WELL, I MEAN, IT'S COVERED IN SNOW MOST OF THE TIME. SO IF I PUT A CURB THERE AND NOW THERE'S SNOW THAT COVERS IT MOST OF THE YEAR, MY BIGGEST CONCERN IS SOMEONE'S GOING TO TURN INTO IT THINKING THERE'S A DRIVEWAY, THERE'S NOT A DRIVEWAY. SO THAT'S REALLY MY BIGGEST CONCERN WITH DOING IT.

AND IF I DO THAT, IT'S OBVIOUSLY OUR LEGAL RESPONSIBILITY TO COVER ANY DAMAGE DONE BECAUSE THEY'RE CRASHING INTO OUR PROPERTY ESSENTIALLY. SO SO OF COURSE, I'VE MY MAIN CONCERN IS REALLY JUST THE SAFETY OF IT. SO THAT'S THE REASON WHY WE GOT INVOLVED. BUT WE'RE STILL KIND OF WORKING THROUGH THAT. AND OUR ENGINEERS ON VACATION FOR TWO WEEKS. SO SO WE DIDN'T THINK THAT WOULD REALLY IMPACT THIS. AGAIN, THIS IS VERY SPECIFICALLY TO LOOK AT USE OF THE GREENHOUSE AS A SMALL EVENT SPACE. OKAY. SO AGAIN YOU'RE WAITING TO HEAR BACK. YOU ARE IN NEGOTIATION WITH THE STATE BUT THEY HAVEN'T GOTTEN BACK WITH YOU YET. AM I UNDERSTANDING THAT CORRECTLY OR NO. SO THE STATE HAS GOTTEN BACK TO US AND SAID REMOVE THE DRIVEWAY. WE HAVE BEEN WORKING TO SEE IF WE CAN KEEP BOTH DRIVEWAYS FOR SAFETY REASONS. OKAY? SO. OKAY, STOP RIGHT THERE. HANG ON. SO HAVE YOU GOTTEN BACK IN TOUCH WITH THE STATE SAYING WE DON'T AGREE WITH. THAT'S MY QUESTION. WHERE ARE YOU WITH THAT PROCESS? SO CHRIS WOOD FROM CARMINA WOOD, WHO HAS DONE ALL OF OUR DRAWINGS, IS IN CONSTANT COMMUNICATION WITH KARL CALARCO. OKAY. THE NEW YORK STATE DOT WAS ALLOWED TO GIVE EARLY COMMENT. THE ONLY COMMENT WAS THAT THAT WOULD BE A PART OF THE DISCUSSION BECAUSE IT'S ON A STATE ROAD. OBVIOUSLY WE HAVE TO GET SOME DOT PERMIT AS PART OF OUR FULL BLOWN PROCESS. HOWEVER, THE EARLY COMMENT AND THE DISCUSSION ON THE TWO DRIVEWAYS IS NOT DETERMINATIVE OF WHETHER WE CAN PROCEED WITH THE THE ENTIRE SITE PLAN. IT'S THAT WE'RE GOING TO HAVE TO FIGURE OUT WHETHER THE SECOND DRIVEWAY IS GOING TO, WHETHER IT WOULD BE AN ENTRANCE AND AN EXIT, WHETHER WE WOULD PUT GRASS. YOU KNOW, A LOT OF THINGS GO INTO THAT COMPONENT OF THE PLANNING AND THAT THAT DISCUSSION IS ONGOING FOR THE PURPOSE OF THE APPROVAL OF THE GENERAL PARKING AND THE VARIANCES. THAT IS ALL STRAIGHTFORWARD. THE THE DISCUSSION ON THE TWO DRIVEWAYS AND HOW WE WILL CONFIGURE BOTH TAKING INTO ACCOUNT COST TO THE PROPERTY OWNER AND THEN LIABILITY AND WHAT THE WHAT THE DOT PREFERS TO SEE ON THE STATE ROADS IS NOT, AT THIS POINT IN TIME DETERMINED BECAUSE WE'RE WORKING THROUGH THE PLAN. OKAY. ALL RIGHT. THAT'S WHAT I WANTED. THANK YOU. PLANNING DEPARTMENT.

DO YOU HAVE ANYTHING ELSE TO OFFER OR TO ADD? I'M SORRY, AT THIS TIME, NO. YOU CAN OPEN THE PUBLIC HEARING, HEAR FROM THE PUBLIC, AND THEN OBVIOUSLY YOU CAN CONTINUE TO ASK FURTHER QUESTIONS AS NEED BE ASKED FOR ADDITIONAL STUDIES AS YOU WANT. NO APPROVAL RESOLUTIONS WERE AUTHORIZED, SO WE'RE STILL IN THE REVIEW STAGE. SO OKAY. THANK YOU CHAIR. I THINK IT MIGHT JUST BE WORTH CLARIFYING. I KNOW THE APPLICANT SAID A FEW TIMES THAT THIS WAS ABOUT THE CHANGE OF USE OF THE GREENHOUSE, BUT THIS IS FOR A SITE PLAN APPROVAL. SO THE WHOLE LAYOUT AND NOT JUST FOR THE THE GREENHOUSE USE. SO JUST MAKING SURE THAT THE PUBLIC GETS ALL THAT I DON'T KNOW IF THAT'S IN YOUR YOUR PRE REMARKS OR NOT, BUT THAT'S WHERE I WAS CONFUSED.

THAT'S WHY I'M ASKING THIS. THAT'S WHERE I THOUGHT YOU WERE GOING. THAT'S EXACTLY. SO IT IS FOR THE FULL LAYOUT. AND SO WE PERMIT THE ALL THE INFRASTRUCTURE LOCATIONS THAT ARE ON THE PROPERTY. IT'S NOT JUST ABOUT THE CHANGE OF USE. CORRECT. THAT'S WHY I ASKED THE QUESTION. YEAH. OKAY. SO JUST FOR CLARIFICATION FOR THE AUDIENCE, IN CASE YOU COULDN'T HEAR MEMBER MCCORMICK, THE PUBLIC HEARING TONIGHT IS FOR THE ENTIRE PROJECT. OKAY.

MEMBER SHIMURA, WOULD YOU PLEASE READ THE NOTICE? SURE. LEGAL NOTICE. TOWN OF HAMBURG PLANNING BOARD SITE PLAN. APPROVAL NOTICE IS HEREBY GIVEN. EXCUSE ME. THAT THE TOWN OF HAMBURG PLANNING BOARD WILL CONDUCT A PUBLIC HEARING ON A PROPOSAL FOR A CHANGE OF USE AND SITE PLAN APPROVAL FOR A DEVELOPMENT ON 6666 GOWANDA STATE ROAD. THE PUBLIC HEARING WILL BE HELD ON SEPTEMBER 17TH, 2025 AT 7:00 PM IN ROOM 7A/7B OF HAMBURG TOWN HALL. OKAY, ONCE AGAIN, A PUBLIC HEARING IS AN OPPORTUNITY FOR THE COMMUNITY TO SHARE INFORMATION ON HOW YOU ARE IMPACTED BY THE PROJECT. A THREE MINUTE RULE WILL APPLY. IT IS NOT A QUESTION AND ANSWER PERIOD. ALL STATEMENTS MADE DURING THE PUBLIC HEARING, AS WELL AS WRITTEN CORRESPONDENCE REGARDING THE PROJECT SENT TO THE PLANNING DEPARTMENT, WILL BE REVIEWED BY THE PLANNING BOARD AND THE APPLICANT. SO AT THIS TIME, IF YOU BOTH WOULD LIKE TO HAVE A SEAT, I WOULD LIKE TO CALL THE PUBLIC HEARING TO ORDER. IF THERE'S ANYONE IN

[00:55:01]

THE AUDIENCE THAT WISHES TO MAKE STATEMENT ON THIS PROJECT, COME ON UP. PLEASE STATE YOUR NAME. SPEAK INTO THE MICROPHONE. GOOD EVENING. MY NAME IS JAMES DOTZEL. I LIVE DIRECTLY ACROSS THE STREET AT THREE, SIX, FIVE THREE SOUTH CREEK ROAD. THE OTHER NEIGHBORS THAT ARE AROUND THERE RIGHT NOW ARE REALLY HAPPY TO SEE SOMETHING GOING ON WITH THAT PLACE, BECAUSE IT'S JUST BEEN SITTING THERE FOR THREE YEARS. LIKE HE STATED, THE ONLY CONCERN THAT WE HAVE AS DIRECT NEIGHBORS AROUND THAT AREA IS WHAT WE CALL A LIGHT POLLUTION. I KNOW YOU'RE NOT GOING TO HAVE A LOT OF THINGS GOING ON THERE, BUT IN OTHER WORDS, THE PRIVATE AREA LIGHTING AT NIGHT, WE DON'T WANT OUR FRONT YARDS LIT UP. THERE'S A. LIGHTING THAT'S THEY CALL THEM UMBRELLA LIGHTS. THEY JUST SHINE THE LIGHT DOWN ON THE PARKING AREA. WE DON'T WANT THESE FLOODLIGHT TYPE OF SCENARIO, IF YOU WILL. THAT'S OUR ONLY CONCERNS. AND WE'RE REALLY GLAD TO SEE SOMETHING'S GOING ON UP THERE. SO THANK YOU OKAY. THANK YOU. IS THERE ANYONE ELSE. COME ON UP. GOOD EVENING. MY NAME IS JENNIFER HOBSON. I OWN THREE HOMES, PROBABLY WITHIN 500FT OF THE PROPERTY. I'M. I CAME HERE BECAUSE I GOT THE NOTICE AND I DIDN'T KNOW WHAT IT WAS GOING TO BE, SO I WANTED TO HEAR WHAT IT WAS GOING TO BE. BUT I'M REALLY GLAD AND EXCITED THAT IT'S GOING TO BE LIKE LOCAL SHOPS AND SOMETHING NICE GOING TO GO IN THERE. AND YOU, YOU ONLY DO BIRD AS WELL. OH THE BUILDING OKAY, WELL IT'S BEAUTIFUL AND IT'S BEEN REDONE SINCE IT WAS THE WATER VALLEY. AND I'M JUST GLAD TO SEE SOMETHING GOING IN THERE AND I'M ALL FOR IT. SO THAT'S ALL I HAVE TO ADD. OKAY. THANK YOU.

ANYONE ELSE COME ON UP. I'M JENNIFER JOHNSON. WE LIVE ON SOUTH CREEK ROAD. ALSO FEW HOUSES IN FROM THE CORNER. WE'RE ALSO SUPER HAPPY TO HAVE SOMETHING GOING IN THERE. I THINK OUR ONLY CONCERN, IN ADDITION TO THE THE LIGHTING THAT WAS DISCUSSED, WAS ALSO JUST NOISE. JUST ANY ADDITIONAL NOISE IN THE NEIGHBORHOOD. IF THERE'S GOING TO BE ANY LARGER EVENTS, WHICH IT DOESN'T SOUND LIKE THERE'S GOING TO BE, IT SOUNDS LIKE IT'S GOING TO BE A FAIRLY SMALL NUMBER. IT SOUNDS LIKE THE EVENTS THAT WILL BE TAKING PLACE THERE WILL BE MOSTLY DURING THE DAY. I JUST WANTED TO MAKE SURE THAT I UNDERSTOOD THAT CORRECTLY, OR IF THERE'S THE POSSIBILITY FOR EVENTS IN THE EVENING AS WELL. I WASN'T QUITE CLEAR ON THAT, BUT WE'RE JUST WE ARE HAPPY TO HAVE SOMETHING GOING IN THERE, AND WE'RE HOPING THAT IT'LL BE A GREAT THING FOR THE FOR THE NEIGHBORHOOD. SO THAT'S ALL. THANK YOU. THANK YOU. ANYONE ELSE? I CAN'T SEE BEHIND THE PODIUM. IS THERE ANYBODY? NOPE. NOPE. FINAL CALL FOR THE PUBLIC HEARING FOR SIX, SIX, SIX GOWANDA STATE ROAD. ANYONE ELSE WISHES TO MAKE COMMENT? EASY FOR ME TO SAY. SEEING NONE, I'M CLOSING THE PUBLIC HEARING. I, I DON'T I DON'T KNOW IF THIS IS OKAY, BUT THE APPLICANT GAVE US A COMPLETE PACKET AND I WOULD RECOMMEND THAT YOU ASK THEM FOR A COPY OF THIS. IT ADDRESSES MOST OF THE CONCERNS THAT YOU GUYS LISTED, SO YOU CAN TAKE A LOOK AT THAT. IF YOU HAVE EXTRA COPIES, THE APPLICANT MAY WANT TO MAY WANT TO SHARE WITH THE RESIDENTS TO HELP. SINCE YOU HAVE SUCH A CHEERLEADING SECTION. JOSH, WHERE DO WE GO FROM HERE? TO THE NYSDOT PIECE? NOT THE CAMI, BUT TYPICALLY WHEN WE HAVE DIFFERENTIATING OPINIONS BETWEEN STATE AGENCY ON THE ROAD AND THEN AN APPLICANT AND THEIR, YOU KNOW, ENGINEER, IS THAT MORE OF LIKE A SITE PLAN APPROVAL CONDITION? IS THAT WHAT YOUR DEPARTMENT DEAL WITH, LIKE CORRESPONDENCE WITH NYSDOT? I MEAN, WHERE WHERE DOES THAT KIND OF FALL IN LINE WITH, YOU KNOW, OBVIOUSLY THERE'S PLANNING BOARD APPROVAL. THERE'S ENGINEERING APPROVAL CODE ENFORCEMENT. SO I JUST WANTED TO KNOW KIND OF WHERE WHERE THAT KIND OF FALLS IN LINE. OKAY. CAMI, GERALD, I'M THE TOWN ENGINEER FOR THOSE WHO DON'T KNOW. SO TYPICALLY FOLLOWING A SITE PLAN APPROVAL, THAT IS WHEN A PROJECT SUBMITS THE FULLY ENGINEERED PLANS, WHICH INCLUDE ALL ASPECTS OF THE PROJECT UTILITIES, GRADING, DRAINAGE, AND WHAT WE STATE AS THIRD PARTY APPROVALS. SO SHOULD IT BE, YOU KNOW, WATER SERVICE THROUGH ACCOUNTING,

[01:00:02]

WATER SERVICE, SEWER, WATER AUTHORITY, SEWER THROUGH YOUR COUNTY SEWER DISTRICT OR IN THE CASE OF ANY PROJECT ON A STATE ROAD, WE ASK FOR EVIDENCE THAT THE DOT IS OKAY WITH THE PROJECT AND ANY DIRECTION THAT THEY GIVE. OBVIOUSLY, IF YOU WORK IN THEIR RIGHT OF WAY, YOU DO NEED A PERMIT FROM THEM. SO MOST OF THE TIME WHAT WE GET FROM THEM IS SIMPLY AN EMAIL THAT SAYS WE HAVE NO ISSUE WITH THE PROJECT. A PERMIT WILL BE REQUIRED FOR ANY WORK. HERE'S THE APPLICATION FORM FOR THE PERMIT. SO I DON'T PROVIDE FINAL ENGINEERING APPROVAL UNTIL ALL THIRD PARTY ISSUES ARE ADDRESSED. SO SHOULD YOU CHOOSE TO MAKE IT A CONDITION? IT IS ALWAYS A CONDITION IN ENGINEERING FOR ANYTHING ON A STATE ROAD. WITHOUT ENGINEERING APPROVAL, THEY CANNOT GET BUILDING PERMITS. SO THE NEXT STEP IS ENGINEERING. THE BUILDING DEPARTMENT WAITS FOR MY APPROVAL AND SIGN OFF BEFORE THEY MOVE TO THEIR PERMIT STAGE.

OKAY, SO WHAT? WHEN DO WE WANT THEM TO COME BACK THEN? OR IS THERE ANY ADDITIONAL INFORMATION THAT YOU NEED ON THE RECORD FROM THE APPLICANT WHILE WE HAVE THEM HERE? HOW ABOUT IF I TURN IT OVER TO THE BOARD AND ASK OUR LOVELY BOARD MEMBERS? SURE. BOARD MEMBERS, DO YOU HAVE ANY ADDITIONAL QUESTIONS OR INFORMATION? I HAVE A QUESTION, AUGUST.

PREVIOUSLY, THERE WERE TWO EXISTING, VERY SUCCESSFUL BUSINESSES OVER THERE. IF I REMEMBER, IN YEARS PAST, ALL THREE DRIVEWAYS AT ONE TIME HAD TO BE APPROVED. THAT'S THE REASON WHY THEY'RE THERE. AS THE STATE NOW CHANGED REQUIREMENTS AS TO WHAT THEY PROBABLY ALLOWED 20 YEARS AGO TO TODAY. EXACTLY. SO NOW, EVEN SO, HERE I'LL USE OUR EXACT PROPERTY. WE ARE ALLOWED TO HAVE TWO DRIVEWAYS BECAUSE WE HAVE NOT BECAUSE EVEN THOUGH THEY RECEIVED SITE PLAN APPROVAL FOR PRIOR PROJECTS, THEY DID NOT CHANGE ANYTHING AND GET TO THE POINT OF HAVING TO DO THE CONSTRUCTION TO THE ACTUAL PAVED AREAS. WE ARE NOW GOING TO DO THAT. SO THE STATE, EVEN IF SOME A BUSINESS WAS GRANDFATHERED IN OR PERMITTED BECAUSE THEY EXISTED WITHOUT DOING ANY DEVELOPMENT OR REDEVELOPMENT. NOW THE MOMENT THAT YOU DO WORK TO A PROJECT, DOT ADVISES OF THEIR PREFERENCE. SO SO IT'S NOW WITH THAT BEING SAID, THEN THE ENGINEER IS INVOLVED AND SPECIFICALLY THE ONES THAT ARE HIRED TO HAVE FAVORABLE PLANS TO OUR COSTS, ETC. HAVE ALSO HAVE OPINIONS ABOUT THE SAFETY OF AND THE PLANS. AND SO THAT'S WHY, EVEN THOUGH THE EARLY COMMENT WAS TAKEN INTO CONSIDERATION, WE'RE NOT ENTIRELY POSITIVE WHERE WE'LL LAND. OKAY, ANYONE ELSE? MEMBER MCCORMICK. YEAH, THE ONE OF THE PRIMARY QUESTIONS FROM THE NEIGHBORS WAS ABOUT EXTERIOR LIGHTING AND PARTICULARLY ABOUT PARKING LIGHTING. I DON'T BELIEVE IT WAS LABELED ON THE CURRENT VERSION OF THE SITE PLAN. IS IT POSSIBLE FOR YOU TO ADD THE LOCATION OF ANY EXTERIOR LIGHTING? AND OBVIOUSLY WE ALWAYS REQUIRE THINGS TO BE DARK SKY COMPLIANT, BUT ESPECIALLY GIVEN THE NATURE OF THE THE NEIGHBORS THAT ARE RIGHT THERE, YOU KNOW, NOT VERY FAR. IF YOU COULD MAKE SURE THAT YOU COMMENT ON WHAT YOU'RE YOU'RE PLANNING TO DO TO MAKE SURE THAT WE'RE AVOIDING ANY LIKE, LIGHT SPILLOVER CONCERNS. ABSOLUTELY. SO WE'VE BEEN WORKING WITH THE ENGINEERS SPECIFICALLY TAKING INTO CONSIDERATION ANY OF THE SURROUNDING AREAS, SPECIFICALLY BECAUSE THE OWNER OF THE PROPERTY IS A RESIDENT OF THE EXACT SAME NEIGHBORHOOD. AND SO WE ARE WHILE I HESITATE TO AMEND ANYTHING AND REQUIRE US TO COME BACK FOR ANY ADDITIONAL PUBLIC HEARING OR ANY ADDITIONAL SITE PLAN, BECAUSE WE'VE PROVIDED, YOU KNOW, EXTENSIVE EVERYTHING THUS FAR, WHAT I WILL SAY IS THAT WE ARE IN COMMUNICATION WITH CHRIS WOOD NEARLY DAILY TO MAKE SURE THAT WE ARE FOR LANDSCAPING PURPOSES AND LIGHTING. AND, YOU KNOW, IN ALL OF THE THE PARKING SPECIFICALLY, THAT WE CAN ABSOLUTELY MAKE SURE THAT THAT'S PART OF THE COMMENT AND THE PLANS FOR THEN ANY OF THE ADDITIONAL PLANS THAT HAVE TO GO IN FRONT OF ENGINEERING FOR, FOR APPROVAL PURPOSES. I DON'T THINK WE HAVE RESOLUTIONS TO VOTE ON TONIGHT. SO I KNOW YOU'LL BE PROBABLY BACK HERE AGAIN. JOSH IS NODDING, SO I THINK THAT WOULD BE HELPFUL IF WE COULD GET IT LABELED ON THERE, BECAUSE IT HELPS CODE ENFORCEMENT AND OTHERS. THAT THAT WOULD BE MY ONE COMMENT. I DO HAVE A CONCERN ABOUT HOW WE HANDLE THE DRIVEWAY SITUATION, NOT KNOWING WHAT DOT IS GOING

[01:05:02]

TO REQUIRE AND HOW WE SHOULD PROCEED, BUT WOULD DEFER TO THE THE PLANNING DEPARTMENT AND OUR ATTORNEY ON HOW HOW WE BALANCE KNOWING THAT THEY'RE GOING BACK AND FORTH WITH DOT. AND RIGHT NOW DOT IS NOT NOT APPROVING. OBVIOUSLY WE COULD CONDITION IT, BUT NOT SURE WHAT THE BEST WAY TO PROCEED THERE IS. SO PREVIOUSLY WE'VE HAD SOME PROJECTS THAT HAVE HAD I KNOW A LOT OF TIMES WE GET SOMETHING FROM DOT ABOUT CURB CUTS ONTO THE STATE HIGHWAY, AND A LOT OF TIMES WE TALK TO THEM ABOUT, YOU KNOW, WHETHER WE CAN GET ONE ON THERE. AND A LOT OF TIMES THEY SAY IF THERE'S AN ARTERIAL ROAD OR ACCESS ONTO A SIDE STREET AND THEY HAVE POLICIES IN PLACE CONDITIONALLY. WHAT A THOUGHT THAT I HAVE THAT I SPOKE WITH JOE ABOUT IS THAT BECAUSE ENGINEERING, YOU KNOW, FULL ENGINEERING REVIEW IS GOING TO BE REQUIRED, THAT THE BOARD COULD CONDITIONALLY APPROVE IT AS EX SITE PLAN AND THEN SHOULD IT GET TO THE ENGINEERING STAGE? AND DOT SAYS, ABSOLUTELY, YOU KNOW, THEY WORKED IT OUT. AND THE YOU KNOW, THE COMMON THEME IS NO, IT'S GOING TO HAVE TO BE ONE DRIVEWAY AND THEY HAVE TO AMEND THE PLANS. AND THE CHANGE IS SIGNIFICANT ENOUGH. THEY'D HAVE TO COME BACK TO US FOR SITE PLAN APPROVAL OF THAT NEW SITE PLAN ANYWAY, SO WE CAN CODIFY THAT. WE CAN SPEAK TO THAT IN THE CONDITIONS OF THE SITE PLAN APPROVAL. IF THIS BOARD CHOOSES TO GO THAT ROUTE, THAT WE HAVE PARAMETERS IN PLACE THAT BEFORE IT EVEN GETS TO A BUILDING PERMIT, IF WHEN IT GETS TO CAMI AND DOT IS PUTS THEIR FOOT DOWN AND SAYS, ABSOLUTELY ONE DRIVEWAY, WE CAN CONDITION THAT AND SAY, HEY, THEY HAVE TO COME BACK TO US ANYWAYS. SO THAT'S JUST A THOUGHT FOR THE BOARD TO CONSIDER. IF YOU DO APPROVE THE DRAFTING OF APPROVAL RESOLUTIONS. AND THAT WAY, OKAY, I WOULD SUPPORT HAVING THAT BECAUSE IT'S ALMOST LIKE A BELT AND SUSPENDERS BY VIRTUE OF THE FACT THAT THIRD PARTY THIRD PARTY APPROVALS ARE REQUIRED IN ORDER FOR A BUILDING PERMIT, AND THEREFORE THERE ARE SIGNIFICANT CHANGES TO THE SITE PLAN. IT'S THEN TRIGGERED FOR US TO REVIEW AGAIN. BUT YET I WOULDN'T WANT TO HOLD UP BEING ABLE TO HAVE THIS APPROVED AND MOVE FORWARD, BECAUSE THERE COULD BE NEGOTIATIONS WITH THE DOT THAT THIS COULD ALL BE MOOT.

SO I APPROVE OF THAT. MEMBER. CLARK BASICALLY THE SAME COMMENT AS MEMBER SHIMURA, EXCEPT MINE WAS MUCH SHORTER. AND THAT'S THE DIFFERENCE BETWEEN YOU AND MEMBER SHIMURA.

CAN I CAN I JUST FOLLOW UP ON ONE ITEM? SO IN THOSE CONVERSATIONS, CARL CALARCO IS HE IS BEING WONDERFUL IN THE SENSE THAT HE'S REALLY TRYING TO WORK WITH US TO MAKE SURE THAT IT IS. DO WE ASSESS, IS IT A PATCH OF GRASS? IS IT SOMETHING THAT WE KIND OF COLLECTIVELY DECIDE MAKES THE MOST SENSE, INCLUDING THE FACT THAT EXACTLY WHAT DAN SAID, WHERE RESIDENTS HAVE KNOWN AND MR. DRAKE, SAME THING. RESIDENTS HAVE KNOWN THIS PROPERTY WITH THESE TWO DRIVEWAYS FOR A VERY, VERY, VERY LONG TIME. AND SO HOW DO WE, YOU KNOW, BALANCE THOSE THINGS. SO. I'M IN FAVOR OF MOVING FORWARD ON THIS PROJECT AS WELL. I THINK THAT THE THE STOPGAPS, IF YOU WILL, ARE THE FAIL SAFES OF THIS PROJECT. IF ONCE THIS HAPPENS, HAS BEEN DULY NOTED BY THE ENGINEERING DEPARTMENT, BY THE PLANNING DEPARTMENT DISCUSSED AT THIS TABLE, AND SO I DON'T HAVE ANY PROBLEM GOING FURTHER AND MOVING FORWARD. MEMBER ENGINEERING ENGINEER JUST ADDED AS BOTH THIS SPECIFICALLY AND IN GENERAL, IF A SITE PLAN IS CHANGED AT ANY POINT IN TIME DURING ENGINEERING REVIEW OR EVEN DURING CONSTRUCTION, IT ALWAYS COMES TO ME AND I ALWAYS WORK WITH BOTH JOSH AND THE BUILDING DEPARTMENT TO DETERMINE IF IT IS A MINOR CHANGE, AND ANYTHING WE DETERMINE IS NOT MINOR. WE ALWAYS RECOMMEND IT COMES BACK TO THIS BOARD. SO THE WHAT JOSH IS SUGGESTING IS IN LINE WITH WHAT WE CURRENTLY DO FOR ALL PROJECTS. AND I THINK THE BOARD MEMBERS ARE COMFORTABLE WITH THAT. AM I IS THAT ARE WE IN AGREEMENT? YES. SO WHAT YOU CAN DO IS MOVE. I'M GIVING YOU PERMISSION TO DO THE RESOLUTIONS. OKAY. SO ALTHOUGH I'M AUTHORIZED TO DRAFT APPROVAL RESOLUTIONS FOR THIS BOARD'S CONSIDERATION ON OCTOBER 1ST, FOR OCTOBER 1ST. SOUNDS GOOD. AND IF YOU SHOULD HAPPEN TO HEAR SOMETHING BEFORE THEN, PLEASE LET JOSH KNOW. OKAY. CHAIR MEMBER MCCORMICK. QUESTION. THE OTHER CONCERN THE NEIGHBORS BROUGHT UP WAS NOISE, AND I JUST WANTED TO FLAG. IS THERE ANY INTENTION TO HAVE LIVE MUSIC? OUTDOOR AMPLIFIED SOUND OF ANY TIME IN ASSOCIATED ASSOCIATION WITH THESE EVENTS? I ASK THAT BECAUSE I CAN AT MY HOUSE, I CAN HEAR THE TAYLOR ROAD WEDDING VENUE WHEN THEY HAVE THEIR DOORS OPEN. SURE. SO SO CURRENTLY I CAN'T ANSWER THAT SPECIFICALLY. AGAIN, I DO LIVE IN WATER VALLEY AND ADDRESSING NEIGHBORS. I DON'T HAVE ANY PLANS FOR MASSIVE LIGHTS GOING ON THERE. I, I HAVE THREE YOUNG KIDS. I HAVE A FARM WITH GOATS, ALPACAS. THIS IS ALMOST MY BEDTIME RIGHT NOW, TO BE HONEST WITH YOU. SO MY GOAL I DON'T REALLY WANT TO DEAL WITH ANY HEADACHES OR CALLS SAYING THERE'S PEOPLE THAT ARE LOUD THERE. MYSELF PERSONALLY, AND MY INTENT IS NOT TO MAKE IT THIS, THIS GIANT LOUD DISCO WITH LOTS OF MUSIC.

THE INTENT IS VERY MUCH TO HAVE IT BE A QUAINT LITTLE GARDEN CENTER, AND INSTEAD OF SELLING

[01:10:02]

MULCH AND SELLING PLANTS, PEOPLE ARE ENJOYING BABY SHOWERS IN THAT SETTING. AND THAT IS VERY MUCH THE THE INTENT OF THIS PROJECT AND ITS ENTIRETY AND TRY AND KEEP THE SAME, YOU KNOW, HISTORIC FEEL FOR THE NEIGHBORHOODS, KEEP THE SAME HISTORIC VIBE THAT'S GOING ON. SO I CAN'T SAY SPECIFICALLY THAT THERE WOULD NOT BE AN AMPLIFIER, BECAUSE I JUST DON'T KNOW IF SOMEONE RENTS THE SPACE IF THEY BRING SOMEBODY. BUT I CAN DO MY BEST TO HOPE THAT DOESN'T HAPPEN. BUT I CAN CONTROL THE LIGHTING. AND I MEAN, THAT WOULD BE A WELL, AS THE ATTORNEY, WE CAN DRAFT GOOD POLICIES, RIGHT. AND HERE'S THE OTHER THING IS THAT ON THE IN YOUR PROPOSAL, YOU'RE SAYING THAT YOU'RE ONLY OPEN UNTIL SIX WEDNESDAY THROUGH SUNDAY AND YOU OPEN AT 10 A.M. THE SMALL EVENTS IN THE GREENHOUSE ARE THREE WEEKENDS PER MONTH, AND THEY'RE OPEN FROM 2 TO 6. THERE ISN'T ANYTHING IN THE EVENING THAT I SEE LISTED ON YOUR THING.

AND BASED ON THIS PROPOSAL, THAT'S NOT CHANGING. CORRECT? CORRECT. SO SO I DON'T KNOW THAT THE NEIGHBORS HAVE A BIG CONCERN AND BUT I, I JUST IF THERE IS GOING TO BE AMPLIFIED MUSIC, YOU MAY WANT TO RETHINK THAT. I FULLY I HAVE NO PLANS FOR AMPLIFIED MUSIC. YEAH. OKAY.

OKAY. ANYTHING ELSE. ANY OTHER QUESTIONS. SO WE WILL SEE YOU BACK HERE ON THE 1ST OF OCTOBER FIRST, OCTOBER 1ST, AND WE'LL HAVE OUR RESOLUTIONS DRAFTED AT THAT POINT OKAY. THANK YOU, THANK YOU. OKAY. IS PREVIOUSLY STATED THE NEXT CASE, 3556 LAKESHORE DEVELOPMENT HAS BEEN

[3. 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 ]

POSTPONED. AND THAT TAKES US TO OUR FINAL DISCUSSION OF SEEKER. BUT BEFORE WE DO THAT, I KNOW WE HAVE SOME STUDENTS IN HERE THAT NEED SOME SIGNATURES. AND HOW ABOUT IF WE TAKE JUST A MINUTE AND HAVE THEM COME UP? I'LL SIGN IT SO YOU GUYS CAN GO, BECAUSE YOU'VE BEEN QUIET AND YOU'VE BEEN GOOD STUDENTS. YOU'VE BEEN KIND OF RESPECTFUL. AND I SEE TWO MORE POTENTIAL MEMBERS FOR THE FUTURE PLANNING BOARD, AT LEAST ONE, BECAUSE SHE'S ALREADY RELATED TO A CURRENT MEMBER. SHE'S TAKING HER SPOT. THERE YOU GO. AMAZING. YOU'RE GONNA DO GREAT. YEAH. OH.

DEEPEST CONDOLENCES. YOU KNOW, HE DIDN'T PASS THIS CLASS BECAUSE HE DIDN'T COME TO THIS MEETING. THAT'S WHY YOU'RE HERE. APPLAUSE I LOVE THIS CLASS. WE HAD TO RUN. WE HAD TO RUN AN ELECTION AND CONVINCE THE SENIOR CLASS TO PICK YOUR CANDIDATE. I GOT OBSESSED, AND I WAS 17, AND I COULDN'T EVEN VOTE. AND THAT'S WHEN I WAS LIKE, I'M GONNA GO TO LAW SCHOOL. ALL RIGHT? SO. YEAH. THANK YOU. YOU'RE WELCOME. YEAH. THANK YOU. TEACHER. THAT'S LIKE, YOU CAN'T GO ANYWAYS. CAN YOU HEAR THE. FOR THE GUY WHO TAUGHT GOVERNMENT WAS LIKE, WELL, IT'S IN RETROSPECT DADDY DAUGHTER TIME 20 YEARS AGO. SO HE HAD TO BE LIKE IN A DUDE. HE HAD TO BE LIKE IN HIS 20S, HIM AND GANG. AND SO HIS, HIS CLASSROOM WAS ALL LIKE MALCOLM X AND LIKE ALL OF THE BIG POSTERS. AND HE WAS LIKE THE COOL GUY. THERE YOU GO. YEAH,

[4. Lardon Disposal Services – Planning Board SEQR Decision ]

REALLY. ALL RIGHT, SO LET'S GET BACK TO OUR FINAL. CASE THIS EVENING IS LADAN DISPOSAL SERVICES. THIS IS OUR SEEKER DECISION DISCUSSION. BOARD MEMBERS YOU HAVE. I APOLOGIZE.

YOU HAVE A SEEKER POSITIVE DECLARATION RESOLUTION IN FRONT OF YOU. HOWEVER, WE HAVE THE. I DON'T KNOW IF SOMEBODY WANTS TO CLOSE THAT DOOR BACK. THERE IS GOING TO. I WAS TRYING TO SEND THAT TO JOSH WITH MY EYES THAT THAT SIDE OF THE DOOR I THINK IS, IS JUST KEEPS SWINGING. I KNOW, BUT PEOPLE SHOULD STAND THERE TO TALK ANYWAYS. IT'S VERY DISTRESSING GIVEN THE BOOT.

OKAY, NOW THAT IT'S QUIET ENOUGH THAT WE CAN, WE CAN CONCENTRATE. SO THE PLANNING BOARD DETERMINED THAT THE LADAN DISPOSAL SERVICES TRANSFER FACILITY PROJECT WAS INCONSISTENT WITH THE TOWN'S LW P BACK ON IN AUGUST. AND ACCORDING TO CHAPTER 270, THE WATERFRONT REVITALIZATION OF THE TOWN CODE, NO ACTION IN THE WATERFRONT AREA SHALL BE APPROVED, FUNDED OR UNDERTAKEN BY THE AGENCY WITHOUT SUCH A DETERMINATION OF CONSISTENCY, THE BOARD IS STILL TASKED WITH MAKING A SEEKER DECISION DUE TO THE PROJECT BEING CONSIDERED INCONSISTENT WITH THE, ALONG WITH THE OTHER POTENTIAL IMPACTS. THE ONLY SEEKER DECISION TO BE MADE IS A POSITIVE DECLARATION. THE PLANNING DEPARTMENT HAS TAKEN ALL OF THE INFORMATION ON RECORD AND PRODUCED A PART THREE OF THE FIAF, ALONG WITH

[01:15:04]

PART THREE ANALYSIS DOCUMENT. THE PLANNING DEPARTMENT HAS ALSO PRODUCED A DRAFT FOR A POSITIVE DECLARATION RESOLUTION. SO WITH THAT, WE NEED TO REVIEW PART THREE AND MAKE ANY COMMENTS. AND SO I'M GOING TO ADD ASK JOSH FIRST FROM THE PLANNING DEPARTMENT IF THERE'S ANYTHING ELSE HE WOULD LIKE TO ADD. YEAH. SO JUST TO GIVE A RECAP, AS THIS BOARD RECALLS, ON AUGUST 20TH, THIS BOARD MADE A COASTAL CONSISTENCY DETERMINATION THAT THE LADAN DISPOSAL PROJECT WAS INCONSISTENT WITH THE TOWN'S. THIS BOARD IS STILL TASKED WITH MAKING A SECRET DECISION. WE HAVEN'T MADE AN OFFICIAL DECISION BASED OFF OF THE INFORMATION THAT WAS PROVIDED. WE GOT THE PART ONE FROM THE APPLICANT. IF YOU GUYS RECALL, WE WENT OVER THE PART TWO THOROUGHLY. PART THREE IS THE DETERMINATION OF SIGNIFICANCE.

AND THEN TYPICALLY WHAT WE DO IS A PART THREE BACKUP OR PART THREE ANALYSIS IS ESSENTIALLY THE FINDINGS OF GOING OVER THE PART TWO TO HELP MAKE THAT DETERMINATION OF SIGNIFICANCE, BASED OFF OF THE CONVERSATIONS THAT WE'VE HAD, BASED OFF OF THIS BOARD'S DETERMINATION THAT THE PROJECT IS INCONSISTENT WITH THE LW, I PUT TOGETHER THIS PART THREE ANALYSIS, WHICH I EMAILED TO EVERYONE, BUT I ALSO HAVE IT ON THE SCREEN. AND JUST TO KIND OF GIVE AN OVERVIEW OF THE FORMAT AND THE FLOW I TOOK BASED OFF OF THE PART TWO, ALL OF THE IMPACTS WHERE WE CHECKED. YES, THAT MAY HAVE A MODERATE TO LARGE SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACT. I THEN ADDED THAT TO THIS PART THREE ANALYSIS. AND IN IT, I THEN KIND OF HIGHLIGHTED SOME OF THE CONCERNS THAT WERE EITHER LISTED FROM THE FAA ITSELF OR WHAT WE HEARD FROM A PUBLIC HEARING COMMENT, OR WHAT WE HEARD FROM AN AGENCY COMMENT IN THE COORDINATED REVIEW, OR WHAT WE HEARD FROM A MEMBER OF THE PLANNING BOARD. I THEN HIGHLIGHTED WHAT THE APPLICANT, IF THEY OFFERED ANY MITIGATIONS OR OFFERED ANY RESPONSE TO SOME OF THOSE CONCERNS, I OFFERED WHAT THEY HAD BASED OFF OF THE RECORD. AND THEN WHAT YOU'LL SEE IN THE PART THREE ANALYSIS AT THE VERY END IS THE INFORMATION SUBMITTED TO DATE.

SO A LISTING OF ALL THE ATTACHMENTS AND THE APPENDICES OF WHAT WE HAVE ON RECORD. AND THEN THE CONCLUSION YOU'LL SEE HIGHLIGHTED IN THE PART THREE ANALYSIS, WHICH IS GOING TO BE IN THE BOARD'S OPINION, NOT MY OPINION, NOT JOE'S. YOUR THE SEVEN OF YOU'S OPINION. THE PROJECT IS EITHER ANTICIPATED TO HAVE A POTENTIALLY SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACT OR NOT ANTICIPATED, AS YOU GUYS WILL KNOW FULL WELL ON TO DO A POSITIVE DECLARATION, ALL YOU NEED IS AT LEAST ONE SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACT. OUT OF THE 18, ALL YOU NEED IS ONE. I TOOK THE LIBERTY OF GOING THROUGH ALL THE IMPACTS, AND I HIGHLIGHTED FOR THIS BOARD'S DISCUSSION WHETHER THIS BOARD FEELS THAT THAT IMPACT WILL HAVE A POTENTIALLY SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACT.

AND THEN ON THE PART THREE, I PREPARED THAT WITH A PAUSE DECK RESOLUTION, ASSUMING AND I SHOULDN'T ASSUME, BUT THIS BOARD DID MAKE THE DETERMINATION THAT IT'S INCONSISTENT WITH THE. SO THAT MEANS NUMBER. I'M SKIPPING AHEAD A LITTLE BIT. BUT NUMBER.

17 IMPACT ON COMMUNITY PLANS. THAT ONE YOU'LL NOTICE DOESN'T HAVE A HIGHLIGHT BECAUSE THE PROJECT IS ANTICIPATED TO HAVE A POTENTIALLY SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACT ON COMMUNITY PLANS. CONSIDERING THAT ONE OF THE COMMUNITY PLANS IS THE HAMBURG, AND THIS BOARD DETERMINED THAT IT IS INCONSISTENT WITH IT. SO BASED OFF OF THAT, I PUT TOGETHER THESE DRAFT THOUGHTS. IT'S FOR THIS BOARD TO DISCUSS. FEEL FREE TO REVISE IT ON THE FLY. I HAVE THE, YOU KNOW, THE DOCUMENT UP FOR DISCUSSION. AND I ALSO HAVE A DECK RESOLUTION.