ASKING ANYMORE. CALL THE ROLL. AND SUPERVISOR. HERE, LET ME CALL THE ROLL. YES, SUPERVISOR.
[Work Session meeting on September 22, 2025.]
[00:00:20]
PRESENT. COUNCIL MEMBER. FARRELL LORENZ. PRESENT. COUNCIL MEMBER. COMERFORD.PRESENT. COUNCIL MEMBER. HERE. COUNCIL MEMBER. ROSALSKY. COUNCILMEMBER. COUNCIL MEMBER IS ABSENT. WE DO HAVE A QUORUM. YOU'RE UP. JOSH. SOUNDS GOOD. FOR THE PURPOSE OF THE WORK SESSION TONIGHT, I WANTED TO PRESENT SOME THINGS THAT WILL BE ON THE PUBLIC HEARING LATER TONIGHT. BUT I WANTED TO GIVE THE BOARD AN OPPORTUNITY TO ASK ANY QUESTIONS BEFORE WE HAVE COMMENT FOR THIS PUBLIC HEARING. AS YOU GUYS KNOW, WE HAVE TWO PUBLIC HEARINGS, ONE ON REZONING IN THE LAKEVIEW AREA. AND THEN WE HAVE A PUBLIC HEARING ON SOME OF THE CODE AMENDMENTS FROM THE COMPLIMENT IMPLEMENTATION. ISSUES. OKAY. FINE. GOOD NIGHT. JENNY. HE JUST BROKE THE IT IT JUST GOT IT, GOT IT. USE IT. IT'S GONNA GET OVER THERE. WATCH THAT CORNER. YOU'RE NOT READY. OKAY, HOPEFULLY THIS WORKS. FOR THE. SO WE HAVE TWO PUBLIC HEARINGS, ONE ON SOME OF THE REZONINGS IN THE LAKEVIEW AREA. AND THEN WE HAVE ANOTHER PUBLIC HEARING ON SOME OF THE CODE CHANGES THAT CAME OUT OF THE COMPREHENSIVE PLAN IMPLEMENTATION COMMITTEE.
AND WE HAVE A NON CFA, OTHERWISE KNOWN AS THE NON CONSOLIDATED FUNDING APPLICATION ZONING GRANT, WHICH IS LOOKING AT CODE UPDATES OUTSIDE OF THE BILL STADIUM AREA AND THE MCKINLEY MALL. I GAVE EVERYONE A COUPLE OF DOCUMENTS. I JUST WANTED TO GO OVER THEM BECAUSE I THINK THEY GIVE A FOUNDATION AND A BACKGROUND FOR SOME OF THE REZONINGS TONIGHT. THE ONE I WANT EVERYONE TO START WITH IN YOUR PACKET, YOU SHOULD HAVE A EXCERPT FROM THE TOWN COMPREHENSIVE PLAN. IT HAS A A PICTURE OF I BELIEVE THIS IS THE BAYVIEW HOTEL ON THE FRONT OF IT. IF YOU LOOK AT THIS EXCERPT FROM THE COMPREHENSIVE PLAN, ONE OF THE QUESTIONS THAT WE GET IS, WHY IS THE TOWN DOING THIS REZONING? WHAT ARE THESE REZONINGS FROM? WHERE DID THEY COME FROM? THIS ISN'T FROM THE PLANNING DEPARTMENT OR FROM THE TOWN BOARD OR JUST OUT OF THIN AIR. EVERY YEAR WE TAKE A LOOK AT THE TOWN'S COMPREHENSIVE PLAN, AND WE LOOK AT SOME OF THE RECOMMENDATIONS THAT ARE IN THERE. IF YOU LOOK AT LAKEVIEW, SPECIFICALLY, IF YOU LOOK AT NUMBER FOUR, ONE OF THE KEY ISSUES, IT SAYS SOME OF THE EXISTING COMMERCIALLY ZONED AREAS SHOULD BE REZONED TO A NEW, LESS INTENSIVE COMMERCIAL ZONING TO MATCH THE RURAL CHARACTER OF THE AREA. IF YOU LOOK AT THE BACK OF THE EXCERPT STRAIGHT OUT OF THE COMPREHENSIVE PLAN, ONE OF THE RECOMMENDATIONS A SAYS THAT IT CREATE A NEW COMMERCIAL ZONING DISTRICT, MORE RURAL, AND INCORPORATE CHARACTER REQUIREMENTS FOR SOME OF THE EXISTING COMMERCIALLY ZONED AREAS SOUTHWESTERN BOULEVARD, HOLT'S ROAD, LAKEVIEW ROAD. THESE ARE SOME OF THE AREAS AND QUESTIONS. SO THAT JUST KIND OF GIVES A FOUNDATION ON WHY WE'RE DOING THIS REZONING, WHY THE TOWN IS LOOKING AT IT RIGHT NOW, AND IT DIDN'T COME OUT OF THIN AIR. WE DO A COMPREHENSIVE REVIEW OF THE COMP PLAN EVERY YEAR. ZONING HAS TO BE IN ACCORDANCE WITH YOUR COMPREHENSIVE PLAN. AND THIS IS WHERE SOME OF THESE ZONING REQUIREMENTS COME FROM. WITH THAT IN MIND, THAT KIND OF SETS THE STAGE FOR THE THREE AREAS IN QUESTION. EVERYONE SHOULD HAVE A COPY OF THREE MAPS. YOU SHOULD HAVE A MAP. ONE OF THE TITLES SHOULD BE SOUTHWESTERN AND HOLT'S ROAD. ANOTHER ONE OF THE MAPS SHOULD BE SOUTHWESTERN AND NORTH CREEK. AND THEN ONE OF THE MAPS SHOULD BE.
LAKESHORE ROAD AND TRIANGLE ROAD. WE'LL START WITH LAKESHORE AND TRIANGLE ROAD. IF YOU TAKE A LOOK AT YOUR MAP, IT HAS PINK AND BLUE AND YELLOW ON IT JUST TO ORIENT YOURSELF.
YOU'LL SEE LAKESHORE ROAD AT THE BEND OF OLD LAKESHORE ROAD AND THEN TRIANGLE ROAD WHERE THEY ALL MEET. YOU'LL SEE IN THE PINK THAT IS C-1. THAT IS OUR LOWER INTENSE COMMERCIAL DISTRICT. THIS PROPERTY RIGHT HERE. IF ANYONE CAN SEE THIS, THIS IS A SUBWAY. THERE'S ANOTHER PARCEL THAT IS ON THAT ZONED C1. THAT IS A PET GROOMING PLACE. WE ARE NOT PROPOSING TO REZONE THOSE. C-1 WILL STICK WITH THOSE PROPERTIES BECAUSE WE DON'T WANT TO MAKE THEM NON-CONFORMING. EVERYTHING THAT YOU SEE WITH THE YELLOW HATCHING, WE ARE PROPOSING TO BE REZONED TO R-1, WHICH IS SINGLE FAMILY RESIDENCE. SO WE ARE PROPOSING TO REZONE THAT BECAUSE ALL OF THE OTHER PARCELS IN THIS AREA ARE ALREADY SINGLE FAMILY HOMES. THEY'RE ZONED C-1. WE WANT TO MAKE THEM CONFORMING. THERE'S NO DEVELOPMENT AS A PART OF THIS REZONING. NO ONE WILL LOSE ACCESS TO WHAT THEY'RE ALREADY DOING AS OPPOSED TO THESE REZONINGS. THIS ONE OUT OF THE THREE, I THINK IS THE MOST STRAIGHTFORWARD AND IS THE MOST SIMPLE. I HAVEN'T RECEIVED ANY CALLS ABOUT ANY OF THE
[00:05:03]
QUESTIONS RELATED TO THE PROPOSED ZONINGS. I DID GET A QUESTION ABOUT THERE'S A CHURCH IN THIS AREA RIGHT NOW. THIS CHURCH IS ZONED R-1. I DID GET A QUESTION ABOUT IF THAT CHURCH WAS SOLD, OR IF THAT ZONING OF THE CHURCH WAS SOLD, WHAT WOULD HAPPEN? AS IT CURRENTLY STANDS, THAT CHURCH IS ZONED R1. R1 IS SINGLE FAMILY RESIDENCE. IT ONLY ALLOWS SINGLE FAMILY HOMES AND CHURCH INSTITUTIONS. IF THAT CHURCH WAS SOLD, IT WOULD ONLY BE ABLE TO DO A SINGLE FAMILY HOME OR A CHURCH. AS IT CURRENTLY STANDS, IF THEY COME BEFORE A BOARD FOR REZONING, IT WOULD BE THIS BOARD IF THEY WANTED TO CHANGE ANY OF THE USES FOR THAT CHURCH. SO I JUST WANTED TO SPECIFY THAT THAT IF THIS BOARD GETS ANY QUESTIONS, AS WE GET ANY QUESTIONS, THE CHURCH THAT'S IN THIS AREA, IF THEY WANTED TO CHANGE WHAT THEY'RE DOING, THEY WOULD HAVE TO COME TO THIS BOARD FOR A REZONING, RIGHT, TO WHERE THAT CHURCH IS ON THIS MAP. RIGHT HERE. THAT CHURCH IS JOSH. THAT CHURCH IS VACANT TOO, IF I'M CORRECT. RIGHT? YES. OKAY. OKAY.THANKS. YEP. YEAH. THAT'S VACANT RIGHT NOW, RIGHT? I BELIEVE SO, YEP. BUT IT'S ZONED LIKE I SAID, IT'S ZONED R1. SO IF THERE'S ANY CHANGE FROM CHURCH AND OR SINGLE FAMILY HOME, THEY WOULD HAVE TO COME BEFORE THIS BOARD TO CHANGE THAT. USE THIS ZONING CHANGE THAT FOR THE TRIANGLE IS JUST PUTTING ALL OF THE CURRENT STRUCTURES IN LINE WITH WHAT THEY'RE ACTUALLY BEING USED FOR. SO HEAVEN FORBID SOMETHING HAPPENS TO THEIR STRUCTURE, THEY CAN REBUILD AS IS VERSUS THAT IS CORRECT. AND FOR LIKE SALE PURPOSES, IT'S EASIER TO GET A MORTGAGE WHEN IT'S ZONED. CORRECT? CORRECT. PERFECT. THANKS, JOSH. ANY QUESTIONS ON THAT OLD LAKESHORE ROAD? LAKESHORE ROAD. TRIANGLE ROAD BEND. OKAY. THE NEXT ONE THAT WE'LL DO IN QUESTION WILL DO SOUTHWESTERN BOULEVARD AND NORTH CREEK. SO YOU SHOULD SEE A MAP THAT LOOKS LIKE THIS. YOU'LL SEE NORTH CREEK ROAD AS IT INTERSECTS WITH SOUTHWEST SOUTHWESTERN BOULEVARD. IN THIS AREA OF THE TOWN, YOU'LL SEE THAT THERE ARE ACTUALLY THREE ZONING DISTRICTS. THAT LIGHTER GREEN IS NEIGHBORHOOD COMMERCIAL. THAT RED IS C2 GENERAL COMMERCIAL. THE GREEN IS DARKER, GREEN IS RESIDENTIAL, AGRICULTURAL, AND THE YELLOW ON THE OTHER SIDE OF SOUTHWESTERN BOULEVARD IS R-1 AND IT'S PART OF THE TOWN. WHAT WE'RE PROPOSING TO DO IS TAKING ALL OF THE LAND THAT IS CURRENTLY ZONED C2 AND REZONING IT TO RA.
IF YOU TAKE A LOOK AT YOUR PACKET, WHAT I'VE PROVIDED FOR EVERYONE IN THERE IS I PROVIDED THE PERMITTED USES AND RA, JUST SO THAT EVERYONE KIND OF GETS AN IDEA OF WHAT'S ALLOWED IN.
RA AND I ALSO ATTACH WHAT'S ALLOWED IN C2. WE DID GET A QUESTION FROM I BELIEVE THERE'S A PROPERTY OWNER WHO DOES HAVE A PIECE OF PROPERTY, AND C2 WOULD GO TO C2 WOULD GO TO RA RESIDENTIAL. AGRICULTURAL. RA. IS THAT WHAT THE RED WOULD GO TO RA? YEP, THAT IS CORRECT. SO JUST TO ORIENT ON THE TYPICALLY MEANS THEY NEED A LARGER PLOT TO BUILD A HOUSE. THAT IS CORRECT. YOU NEED AT LEAST TWO ACRES. YEP. IS THERE ANYTHING THAT'S GOING TO BE NON CONFORMING USE THAT'S ALREADY BUILT IN THAT AREA. SO ONE OF THE IF THE MAP WILL PULL UP. SO ONE OF THE PARCELS IN QUESTION SOUTH OF NORTH CREEK, THIS FIRST PARCEL RIGHT HERE THAT IS ZONED C2, THERE IS A GENTLEMAN THAT OWNS A HOME THERE. AND HE DOES RUN A BUSINESS OUT OF HIS HOME. HE DID HAVE A CONCERN ABOUT BEING REZONED TO RA. WHAT WE DID SAY THAT WE COULD DO AS A PART OF THESE REZONINGS IS HAVE A PROVISION IN THERE THAT STATES THAT EXISTING BUSINESSES AT THE TIME OF THE ADOPTION WOULD ALLOW FOR NOT ONLY HIS HOME TO CONTINUE ITS USE, BUT HIS EXISTING BUSINESS, BUT THAT IF HE WANTED TO EVER SWITCH THAT C2 USE, OR IF HE SOLD THE PROPERTY AND SOMEBODY TORE THAT BUILDING DOWN, CHANGED THE BUSINESS, THEY WOULD ONLY BE ALLOWED WHAT'S IN RA. SO FOR HIM, SPECIFICALLY, HIS USE, HIS HOME AND HIS BUSINESS WOULD BE ALLOWED IN RA WITH THAT PROVISION. BUT IF HE CHANGED THAT USE SPECIFICALLY OR SOLD THE PROPERTY, AND THE OWNER OF THAT PROPERTY WANTED TO CHANGE THE USE, HE WOULD ONLY BE ALLOWED TO DO WHAT'S IN THE RA DISTRICT. AND AS YOU SEE IN THE RA DISTRICT, YOU CAN DO SINGLE FAMILY HOMES. YOU CAN DO A CHURCH, A PUBLIC LIBRARY, FIRE STATION, GOLF COURSE. I MEAN, IT'S OBVIOUSLY IT'S NOT C2 IN NATURE. WE KNOW WHAT THE BUSINESS IS, THAT HE'S RUNNING OUT OF HIS HOME. THAT WOULD NEED C2 DESIGNATION. HE DIDN'T SPECIFY. I BELIEVE HE MIGHT SPEAK AT THE PUBLIC HEARING TONIGHT. HE DIDN'T SPECIFY WHY HE WAS OUT THERE, BUT HE DID MENTION THAT HE DOES. I THINK HE SAID A SOAP A SOAP BUSINESS. SO RETAIL IN NATURE, WHICH IS ALLOWED IN C2, OBVIOUSLY THAT'S NOT ALLOWED IN RA, BUT LIKE I SAID, THAT WOULD BE A PROVISION WE COULD PROVIDE FOR THAT GENTLEMAN THAT WE CAN ALLOW HIS EXISTING BUSINESS TO CONTINUE IN RA. THAT WAY HE'D BE CONFORMING. BUT I JUST WANT TO REITERATE, IF HE CHANGES THAT, USE THAT COMMERCIAL USE, OR IF HE SELLS IT TO SOMEONE ELSE AND THEY CHANGE THAT COMMERCIAL USE, THEY CAN NO LONGER DO THAT COMMERCIAL USE, THEY WOULD. THERE'S ZONING WOULD THEN BE RA.
SO THEY CAN ONLY DO WHAT'S ALLOWED IN RA. LOOK INTO AND DETERMINE IF HE COULD FALL
[00:10:05]
UNDER NEIGHBORHOOD COMMERCIAL, BECAUSE THAT DOESN'T SEEM OUT OF CHARACTER FOR THAT AREA. WE COULD. BUT WE DO HAVE A PAUSE RIGHT NOW THAT THERE ARE NO REZONINGS TO NEIGHBORHOOD COMMERCIAL THROUGH THE END OF THIS YEAR. SO THAT WOULD BE SOMETHING THAT WE COULD BRING HIM INTO CONFORMING USE AND WOULD KEEP WITH KIND OF WHAT THE MAP IS ALREADY SHOWING. SO IT WOULDN'T BE SPOT ZONING, BECAUSE DIRECTLY ACROSS THE STREET IS NEIGHBORHOOD. WE COULD WE ALSO COULD LOOK AT THAT. I KNOW I MENTIONED THAT WE HAVE THAT RESOLUTION IN THERE, BUT I BELIEVE THAT RESOLUTION IS WRITTEN THAT WE WON'T ENTERTAIN INDIVIDUAL OWNERS AND APPLICANTS COMING TO THE TOWN LOOKING TO REZONING. I DON'T THINK THAT PROVISION SETS THE TOWN BOARD FROM REZONING SOMETHING TO NEIGHBORHOOD COMMERCIAL, GIVEN THE CIRCUMSTANCES OF OVERLOOKING. SO THAT'S DEFINITELY SOMETHING THAT WE CAN CONSIDER. OTHER THAN THAT, WE DIDN'T HEAR ANYTHING ELSE ABOUT ANY OTHER QUESTIONS IN THIS AREA. I JUST WANT TO REITERATE, I GOT A QUESTION. SURE. YEAH. ONE OF THE PREMISES USES IS A CEMETERY.YEP. WE DON'T WANT TO HAVE A BUNCH OF LITTLE CEMETERIES POPPING HERE AND THERE AND THERE, YOU KNOW, LIKE I MEAN, YOU KNOW WHAT I'M SAYING? LIKE A COUPLE ACRE CEMETERY HERE, A COUPLE ACRE CEMETERY THERE, YOU KNOW, IF IT'S OWNED BY DIFFERENT PEOPLE. IS THAT. AND I MEAN, IN THE FOUR YEARS I'VE BEEN HERE, I DON'T THINK I'VE EVER GOTTEN AN APPLICATION. I GET YOUR YOUR POINT THAT YOU DON'T WANT CEMETERIES POPPING UP, BUT THERE IS A MINIMUM LOT SIZE REQUIREMENT IN RESIDENTIAL AGRICULTURAL. SO YOU HAVE TO HAVE AT LEAST TWO ACRES OR A MINIMUM LOT. SO YOU HAVE TO HAVE A PRETTY BIG PIECE OF PROPERTY FOR A CEMETERY IN THIS AREA. AND I WOULD HOPE THAT CEMETERIES JUST AREN'T POPPING UP ALL OVER THE PLACE IN LAKEVIEW. THERE ARE NEEDED BUSINESS, BUT I GET YOUR CONCERN, BUT I THINK THAT THAT MINIMUM LOT SIZE DOES KIND OF. HOPEFULLY THAT EASES YOUR CONCERN THAT YOU NEED A CERTAIN AMOUNT OF LAND TO BE ABLE TO DO ONE. OKAY. WELL, I THINK WE HAVE THE RA IN THIS AREA TOO, BECAUSE OF THE AGRICULTURAL ESTHETIC OF LAKEVIEW. CORRECT. AND THEN THE INFRASTRUCTURE THAT CAN SUPPORT UP THERE. THAT IS CORRECT. ALSO, I JUST WANT TO MAKE IT VERY CLEAR THAT FOR THIS RESIDENTIAL AGRICULTURAL DISTRICT, WE DID GET A QUESTION ABOUT IN THIS AREA AROUND NORTH CREEK, WOULD THIS BE REZONED FOR APARTMENTS? I JUST WANT TO BE VERY CLEAR THAT APARTMENTS ARE NOT ALLOWED IN RA OR R1 OR ANY OF THE PROPOSED ZONING DISTRICTS TO RESIDENTIAL THAT WE ARE PROPOSING IN THIS AREA. SO THERE IS NO THERE IS NO PROPOSED DEVELOPMENT FOR ANY OF THESE REZONINGS. SO WE'RE NOT DOING THIS FOR A CONSTRUCTION PROJECT OR FOR ANY APARTMENTS, BUT I JUST WANT TO MAKE THAT VERY CLEAR THAT NONE OF THESE REZONINGS IN THIS AREA AND THE OLD LAKESHORE, LAKESHORE BEND, OR IN THE NEXT ONE, I'M TALKING ABOUT SOUTHWESTERN HOUSE. NONE OF THESE AREAS PERMIT APARTMENTS. THEY'RE NOT ALLOWED IN ANY OF THESE ZONING DISTRICTS THAT WE'RE PROPOSING, I THINK, FOR THIS ONE, TOO. I THINK THE GENTLEMAN JUST CAME IN THAT HAD MAY HAVE SOME QUESTIONS REGARDING UNLESS THEY WERE ANSWERED OUTSIDE. I THINK YOU WERE ASKING QUESTIONS ABOUT HAVING PROPERTY IN ITS USE NOW. AND IF THEY REZONE IT ON YOU.
YES. YEAH. I SPOKE WITH GERALD. I'LL SPEAK AT THE PUBLIC HEARING, BUT I DON'T THINK I HAVE ANY MORE QUESTIONS RIGHT NOW. THANK YOU THOUGH. THANK YOU. I THINK THAT'S YOU TWO.
DOWN TO RA TWO WOULD MINIMIZE THE IMPACT ON GREEN SPACE AND MINIMIZE THE IMPACT ON IMPERVIOUS SURFACES AND DISTURBANCE OF THE LAND. GIVEN THE LARGE AMOUNT OF ACREAGE YOU NEED TO BUILD ON AN RA. RIGHT? AND THEN THE SETBACKS THAT GO WITH IT VERSUS BEING C-2, THE SETBACKS ARE DIFFERENT. CORRECT? THE LAND DISTURBANCE IS MORE SIGNIFICANT ON A C2. CORRECT.
THE ANY OTHER QUESTIONS ON THAT? NORTH CREEK AND SOUTHWESTERN BOULEVARD INTERSECTION. ALL RIGHT. THE THIRD ONE IS SOUTHWESTERN AND HOUSE. THAT SHOULD BE THE THIRD MAP THAT EVERYONE HAS. THIS IS AT SOUTHWESTERN BOULEVARD AND LAKEVIEW ROAD. THE INTERSTATE 90 IS THE EASTERN BOUNDARY AND THEN HELPS ROAD INTERSECTS IN THIS AREA. YOU'LL NOTICE THAT THIS AREA IS A HODGEPODGE OF ZONING DISTRICTS. YOU HAVE R-2 AND SOME SUBDIVISIONS BEHIND SOME C1, WHICH THEN BORDERS EXISTING C2 INTERMIXED WITH RA WITH A WESTERN BOUNDARY OF R1 AND TWO DISTRICTS, AND TWO ZONING TWO PARCELS THAT ARE ZONED AG AGRICULTURAL. SO YOU HAVE SIX ZONING DISTRICTS AND ONE AREA. THE PROPOSED REZONING IN QUESTION HERE ARE. IF YOU LOOK AT THE MAP, YOU'LL SEE THAT THERE ARE SOME HATCHINGS THE HATCHING IN PINK, THAT IS, THE BACKGROUND COLOR IS RED, THE HATCHING IS PINK. THAT IS PROPOSED TO THE LAKEVIEW COMMERCIAL DISTRICT. AS YOU GUYS KNOW, WHEN I FIRST PRESENTED THIS, I SAID THAT WHERE DID THIS COME FROM? IT CAME FROM OUR COMPREHENSIVE PLAN. I READ AN EXCERPT FROM THE LAKEVIEW AREA RIGHT OUT OF THE COMP PLAN THAT HAD RECOMMENDATIONS THAT SPECIFICALLY CALL OUT CREATING A NEW ZONING DISTRICT FOR THESE SPECIFIC C-2 ZONED PARCELS IN THE TOWN. WHAT WE DID THROUGH THE COMPREHENSIVE PLAN, THROUGH THE 2024 ZONING COMMITTEE, THROUGH CODE REVIEW, THROUGH THE PLANNING BOARD, NOW PRESENTED TO THE TOWN BOARD, IS WE GOT A LOT OF COMMENT ON WHAT THAT LAKEVIEW COMMERCIAL DISTRICT SHOULD LOOK LIKE. I DID ATTACH A COPY FOR EVERYONE, SO YOU CAN SEE THE PERMITTED USES THAT ARE WITHIN THAT
[00:15:04]
LAKEVIEW COMMERCIAL DISTRICT. SOME OF THE THINGS, AND I WON'T GO OVER ALL OF THEM, BUT JUST SOME HIGHLIGHTS OF WHAT WOULD BE ALLOWED INCLUDE PERSONAL ESTABLISHMENTS. THAT'S THINGS LIKE BARBERSHOPS AND BEAUTY PARLORS, OFFICE BUILDINGS, LANDSCAPING, AGRICULTURE BUSINESSES, MEDICAL SERVICES, BANKS, INSTRUCTIONAL FACILITIES. I WANT TO NOTE NUMBER TEN EXISTING HOMES AS OF THE DATE OF THE ADOPTION OF THIS LOCAL LAW. WE DO KNOW THAT THERE ARE IN THIS AREA IN THESE C-2 ZONING, THERE ARE SOME EXISTING HOMES IN SOME OF THESE PARCELS GOING FROM C-2 TO LAKEVIEW COMMERCIAL. WE DID WANT TO NOTE THAT WE WOULD HAVE IN LAKEVIEW COMMERCIAL IF THERE'S ZONING. WHAT'S CHANGED THAT THAT EXISTING HOME WOULD STILL BE A PERMITTED USE SO THAT IT IS CONFORMING TO THE NEW DISTRICT. YOU ALSO SEE UNDER PROHIBITED USES, WE SPECIFICALLY PROHIBIT CAR WASHES. WE SPECIFICALLY PROHIBIT ANY USES IN THE M2 AND M3 INDUSTRIAL DISTRICTS, AND THEN ALL USES THAT ARE NOT EXPRESSLY PERMITTED ARE PROHIBITED. YOU WILL ALSO THEN SEE IN SPECIAL USE PERMIT YOU CAN DO DRIVE THROUGH FACILITIES.YOU CAN HAVE COMMERCIAL USES WITH UP TO TWO APARTMENTS ABOVE. YOU CAN DO RENTAL STORAGE WITH A SPECIAL USE PERMIT, BUT IT HAS TO BE IN A FULL SCALE BUILDING. AND THEN YOU CAN DO OUTDOOR DISPLAY WITH A SPECIAL USE PERMIT. SO THOSE ARE ALL THE THINGS THAT ARE ALLOWED IN THE LAKEVIEW COMMERCIAL DISTRICT. WE HAVE GOTTEN A COUPLE OF COMMENTS. THERE ARE TWO PROPERTY OWNERS WHO I BELIEVE WILL SPEAK DURING THE PUBLIC HEARING. ONE, IF YOU LOOK WHERE SOUTHWESTERN AND HELPS CONNECT RIGHT AT THE CORNER, THERE'S FRONTAGE ON THE LAKEVIEW AND THEN THIS PARCEL RIGHT HERE. IT'S PROPOSED TO BE GOING TO LAKEVIEW COMMERCIAL.
THAT IS A OWNER WHO HAS THE GOLF CART PLACE. HE RUNS THAT GOLF CART PLACE, AND HE DOES HAVE A SPECIAL USE PERMIT TO RUN LIKE AUTOMOBILE CARE ON THOSE GOLF CARTS. IF YOU WERE TO BE REZONED TO LAKEVIEW COMMERCIAL. HIS USE AS OF HOW IT'S WRITTEN NOW WOULD BE NON-CONFORMING. THAT USE IS NOT ALLOWED IN LAKEVIEW COMMERCIAL. I DID HAVE A CONVERSATION WITH THAT GENTLEMAN AND LIKE I SAID, HE WILL COME SPEAK AT THE PUBLIC HEARING BEFORE YOU GUYS.
BUT ONE OF THE THINGS WE CAN DO IS THIS BOARD CAN LEAVE IT TO YOU, TO YOU CAN ADD A PROVISION TO LAKEVIEW COMMERCIAL THAT WOULD ALLOW HIS USE VERY SIMILAR TO THE GENTLEMAN WHO HAS THE SOAP BUSINESS THAT WOULD GO FROM C-2 TO RA. WE CAN HAVE A PROVISION IN LAKEVIEW COMMERCIAL THAT EXISTING BUSINESSES WOULD BE ALLOWED TO REMAIN. THEY'D BE ALLOWED TO EXPAND. AND THEN HIS AUTOMOBILE SPECIAL USE PERMIT THAT CARRIES WITH THE PROPERTY. SO WE DON'T HAVE TO WORRY ABOUT THAT IN LAKEVIEW COMMERCIAL. THAT SPECIAL USE PERMIT WILL CARRY WITH THE PROPERTY WHETHER HE SELLS IT OR NOT. SO THAT'S ONE. ANOTHER THING THAT THE BOARD CAN DO TO ALLEVIATE THAT, THAT GENTLEMAN'S CONCERNS. I BELIEVE HE WILL COME TO HIS PUBLIC HEARING AND ADVOCATE THAT HE WANTS YOU TO. OBVIOUSLY, HE HAS THE RIGHT TO, BUT THOSE ARE JUST SOME THINGS THAT THIS BOARD CAN CONSIDER WHEN MAKING A DECISION. WE THEN ALSO HAVE A PROPERTY OWNER IMMEDIATELY EAST OF HIM THAT YOU'LL SEE HERE THAT HAS GREEN HATCHING, AS IN IT'S BEING PROPOSED TO RESIDENTIAL AGRICULTURAL. THAT GENTLEMAN HAS A HOME ON THAT PIECE OF PARCEL THAT'S CURRENTLY ZONED RA TO IMMEDIATELY TO THE EAST. HE DID GIVE A CALL TO MY DEPARTMENT AND ASKED FOR HIS PARCEL TO ALSO BE C-2. HE MENTIONED THAT RIGHT NOW HE DOESN'T HAVE ANY PLANS FOR IT. BUT IN TEN YEARS, 15 YEARS, THERE MAY BE A COMMERCIAL USE THAT HE WANTS TO DO IN C-2, IN HIS OPINION, GIVES HIM MORE FLEXIBILITY THAN WHAT IS ALLOWED IN THE LAKEVIEW COMMERCIAL DISTRICT. SO I JUST WANTED TO ALERT THIS BOARD. WE DO HAVE MEMBERS OF THE PUBLIC WHO PROPERTIES WILL BE AFFECTED BY THIS COMMERCIAL DISTRICT.
THEY WILL COME TO THE PUBLIC HEARING AND STATE THEIR CASE. I WANTED TO GIVE YOU GUYS SOME OPTIONS THAT YOU DO HAVE. YOU CAN, LIKE I SAID, YOU CAN LEAVE AT C-2. YOU CAN ADD THE PROVISION TO LAKEVIEW COMMERCIAL TO ALLOW THEIR BUSINESSES TO EXPAND OR CONTINUE. THE GUY WHO DOESN'T HAVE ANYTHING PROPOSED, THAT'S SOMETHING TO CONSIDER. THERE'S THERE'S NO PROPOSAL AT THIS TIME. RIGHT NOW, C-2, ONE OF THE CONCERNS IS IT DOES ALLOW FOR YOU CAN DO A CAR WASH IN C2. YOU CAN DO RETAIL CANNABIS DISPENSARY IN C2, YOU CAN DO WAREHOUSING, YOU CAN DO WHAT A SPECIAL USE PERMIT RENTAL STORAGE. SO THERE'S A LOT OF USES THAT I THINK IN LAKEVIEW WE'RE TRYING TO KEEP AWAY. AS YOU ALL KNOW, THERE'S A LOT OF SEPTIC IN LAKEVIEW. AND THE COMP PLAN WE DO SPECIFY THAT WE AREN'T LOOKING TO ADD MORE SEWER AND ADD MORE SUBURBAN SPRAWL TO LAKEVIEW. WE'RE TRYING TO KEEP IT RURAL IN NATURE. ADDING THINGS IN C2 DOES HAVE THE POTENTIAL TO BRING SOME OF THAT SUBURBAN SPRAWL TO LAKEVIEW. SO THERE'S THAT BALANCING ACT OF WHAT DOES THIS BOARD THINK OF, YOU KNOW, SOME OF THE FUTURE FOR THIS AREA. SO I WANTED TO JUST KIND OF PROVIDE THAT, THAT GUIDANCE BEFORE ANYONE SPEAKS AT THE PUBLIC HEARING. DAN. CONNECTING, THEY AS OF RIGHT NOW THE PROPERTY IS CONNECTING AND THE ONE PART IS ZONED C2 AND THE OTHER PART IS ZONED RIGHT WHERE HIS HOUSE IS. JOSH, CAN WE HAVE A LOOK AT LEAST AT UNDER PERMITTED USES NUMBER 12. IT SAYS DRIVE THROUGH FACILITIES. AND I KNOW THAT WHEN WE APPROACH THE DOT FOR A SEPARATE PROJECT ON HEALTH IN SOUTHWESTERN, THEY WERE ADAMANT THAT THEY WERE NOT DOING ANY CURB CUTS. THAT IS CORRECT. WESTERN. AND WE ALREADY HAD SOME PRETTY SIGNIFICANT CONCERNS ABOUT TRAFFIC ACCIDENTS WE SEE AT HELTON SOUTHWESTERN. AND BECAUSE IT IS
[00:20:02]
RUN BY THE STATE, WE HAVE VERY LITTLE CONTROL OVER TRAFFIC CALMING MEASURES. I JUST DON'T THINK PUTTING DRIVE THROUGH IN THERE IS GOING TO HELP TO CALM THE TRAFFIC IN THAT AREA. I FEEL LIKE WE MAY BE JUST ADDING A HEADACHE, AND MY UNDERSTANDING OF THE LAKEVIEW COMMERCIAL DISTRICT WAS WE WERE TRYING TO MIMIC SOMETHING MORE LIKE THE VILLAGE OF HAMBURG WITH SOME WALKABILITY, WHICH I FEEL LIKE THE DRIVE THROUGH FACILITIES ARE JUST GOING TO CAUSE HIGH TRAFFIC RATES WITH QUICK IN AND OUT TRAFFIC. THAT DOESN'T REFLECT THAT ULTIMATE GOAL, ESPECIALLY WHEN WE KNOW THE DOT IS NOT GOING TO GIVE THEM CURB CUTS THAT SUPPORT A MORE CALM TRAFFIC PATTERN. RIGHT. SO TO THE JUST TO PROVIDE A LITTLE BIT OF BACKGROUND AND THINKING ON WHY DRIVE THROUGH FACILITIES ISN'T THERE. SO THAT IS A USE THAT WOULD REQUIRE SPECIAL USE PERMIT. SO IT'S NOT AS OF RIGHT. AN APPLICANT THAT DOES PROPOSE A COMMERCIAL USE WITH A DRIVE THROUGH WOULD HAVE TO COME TO THE PLANNING BOARD FOR A SPECIAL USE PERMIT. AND THERE'S THE FOR SPECIAL USE PERMIT CRITERIA THAT THEY WOULD HAVE TO FOLLOW. TO GIVE A LITTLE BIT OF BACKGROUND ON IT. YOU ARE RIGHT. SO FROM OUR UNDERSTANDING WITH DOT, FOR EXAMPLE, LET'S SAY SOMEBODY PROPOSED A DRIVE THROUGH ONTO SOUTHWESTERN BOULEVARD AND THEY DIDN'T ALREADY HAVE AN EXISTING CURB CUT. THE DOT WILL NOT ALLOW A CURB CUT ON THE SOUTHWESTERN, ESPECIALLY IF THERE IS ACCESS FROM AN ARTERIAL ROAD ON THAT SAME PIECE OF PARCEL. SO, FOR EXAMPLE, IF YOU GUYS RECALL THE TIM HORTONS THAT WENT IN IN LAKEVIEW A COUPLE OF YEARS AGO THAT DOESN'T HAVE A CURB CUT ONTO SOUTHWESTERN BOULEVARD THAT HAS A CURB CUT FROM WHITE OAKS WAY, BECAUSE THERE'S ACCESS OFF OF A MINOR TOWN ROAD THAT CONNECTS INTO THE PARCEL. AND THEY DIDN'T ALLOW A CURB CUT ON THE SOUTHWESTERN BOULEVARD, WOULDN'T EVEN ENTERTAIN A RIGHT TURN, ONLY CORRECT. AND THEY HAVE BEEN WE HAVE DONE OTHER PROJECTS THROUGHOUT THE TOWN, NOT JUST IN LAKEVIEW, BUT THEIR POLICY HAS BEEN STEADFAST THAT IF THERE IS THAT SECOND ACCESS ROAD, WHETHER IT'S A TOWN ROAD OR IF IT'S NOT OFF OF THAT STATE HIGHWAY, THAT THEY WILL NOT ALLOW AN ADDITIONAL CURB CUT OR EVEN A RIGHT IN, RIGHT OUT ONTO THEIR THEIR STATE HIGHWAY. SO THAT KIND OF JUST GIVES A LITTLE BIT OF BACKGROUND ON WHY WE DID ALLOW DRIVE THROUGH FACILITIES WITH A SPECIAL USE PERMIT. IT DOESN'T ALLOW YOU TO DO IT AS OF RIGHT.THERE ARE STILL SOME PROVISIONS THAT YOU HAVE TO MEET. ALSO, WE DID IT BECAUSE OF THAT CAVEAT THAT THERE WILL BE NO ADDITIONAL CURB CUTS ONTO THE STATE HIGHWAY. IF THERE WAS A DRIVE THROUGH FACILITY OFF OF LAKEVIEW OR OFF OF SOUTHWESTERN BOULEVARD, AND THERE IS THAT SECOND POINT OF ACCESS, THAT'S WHERE THE ENTRANCE WOULD COME OFF OF OFF OF THAT TOWN OWNED ROAD INSTEAD OF OFF OF SOUTHWESTERN OR OFF OF LAKEVIEW. THEY'VE ALSO DICTATED THAT IT NEEDS TO GO THROUGH ANOTHER POINT OF ACCESS ON AN ADJOINING PROPERTY. EVEN IF THEY DIDN'T OWN THE PROPERTY, THEY HAD TO HAVE AN EASEMENT AGREEMENT. THAT IS CORRECT. I'M JUST I HAVE SOME CONCERN WITH THAT. I HAVE SOME CONCERN. I KNOW IT'S A SPECIAL USE PERMIT, BUT THAT GIVES ALL OF THE AUTHORITY TO THE PLANNING BOARD TO MAKE THAT DECISION. WITHOUT THE TOWN BOARD WEIGHING IN OR A PUBLIC HEARING AT THE TOWN LEVEL, WHICH. IS CONCERNING, LIKE THAT'S A PRETTY SIGNIFICANT AND I DON'T FEEL LIKE A DRIVE THROUGH IS AT ALL IN KEEPING WITH THE CHARACTER OF WHAT WE ARE TRYING TO CREATE IN THE FINAL SAY. SO ALWAYS ENDS UP WITH THE BOARD. PLANNING BOARD COULD SAY WHAT THEY WANT, BUT I WAS GOING TO MAKE THE SAME COMMENT ABOUT SEE ABOUT RENTAL STORAGE, THE MINI STORAGE TOO, BECAUSE I KNOW THAT WHOEVER OWNS THAT PROPERTY IS GOING TO HAVE TO PUT A SERVICE ROAD BACK THERE IF THEY WANT TO DO ANY KIND OF. BUT I KNOW WE'VE MADE EFFORTS TO TO REALLY LIMIT AND PUT LIMIT ALL OVER CORRECT STORAGE FACILITIES, ESPECIALLY THE MINI STORAGE. SO MY QUESTION WAS ALSO THERE ABOUT PUTTING SEE IN THE PROHIBITED USES. LIKE AS IN YOU WOULD WANT IT MOVED TO THE PROHIBITED USES INSTEAD OF BEING ALLOWED IN THE SPECIAL USE PERMIT. OKAY. THAT'S FEEDBACK THAT WE'LL TAKE BACK. ANY OTHER THOUGHTS ON THE LAKEVIEW COMMERCIAL CODE ITSELF OR THE PROPOSED REZONINGS? WE JUST NEED SIDEWALKS AND SOME TRAFFIC SIGNALS IN THERE TO SLOW TRAFFIC DOWN. WENT FROM 55 TO 50. I THINK THAT'S ALL RIGHT. DURING THE OBVIOUSLY DURING THE PUBLIC HEARING, I'M SURE THERE WILL BE NUMEROUS QUESTIONS. I'LL RUN THROUGH THIS A LITTLE LESS LONG WINDED, BUT I WILL TRY TO ANSWER ANYONE'S QUESTIONS THAT HAVE DURING THE PUBLIC HEARING, AND I'LL BE AVAILABLE AFTERWARDS. AND OBVIOUSLY, THIS BOARD IS NOT MAKING A DECISION TONIGHT, SO I'M SURE I'LL BE BACK AT ANOTHER WORK SESSION TO HAVE FURTHER DISCUSSIONS NOT ONLY ON THIS PUBLIC HEARING, BUT ALSO ON THE INDUSTRIAL ONES THAT WE DID TWO WEEKS AGO. AND IN THE MEANTIME, IF YOU HAVE ANY QUESTIONS, YOU KNOW WHERE TO FIND ME. ALL RIGHT. THANKS, GUYS. THANKS, JEFF. THANK YOU. OKAY. HAMBURG HISTORICAL PRESERVATION COMMISSION. I THINK IT SHOULD BE MOVED TO DRIVE THROUGH. YES. YES, BOTH. GO THROUGH THIS AND YOU DON'T
[00:25:11]
HAVE ANY. THANK YOU. I THINK THAT'S A PRETTY SIGNIFICANT CHANGE TO JUST MAKE IT PROHIBITED. I'M NOT GOOD AT PUBLIC SPEAKING, BUT FOR SOME REASON, WE WANT YOU TO DO THIS, OKAY? THIS MICROPHONE. SHE JUST HAS TO PULL DOWN MORE TOWARDS HER. OKAY. GOOD EVENING. IS IT ON? YEAH. YEAH. OKAY. THE HAMBURG HISTORIC PRESERVATION COMMISSION IS HERE TO OFFICIALLY NOTIFY YOU THE TOWN BOARD THAT ON SEPTEMBER 9TH, 2025, WE SUBMITTED THE REQUIRED PAPERWORK TO BEGIN THE PROCESS OF DESIGNATING THE OLD BAYVIEW HOTEL, ALSO KNOWN AS THE DOCK OF THE BAY DOS AMIGOS, OR THE COWBOY, AS A LOCAL LANDMARK. THIS IS THE FIRST APPLICATION FOR DESIGNATING A LOCAL LANDMARK PUT BEFORE THE TOWN BOARD. AS THIS PROCESS IS NEW TO EVERYONE, WE FELT IT WAS BEST TO REVIEW SO WE ALL UNDERSTAND THE PROCESS. WE PUT TOGETHER AN INFORMATION PACKET FOR EACH OF YOU, WHICH INCLUDES OUR COVER LETTER AND EXPECTED TIMELINE. AS BEST WE COULD FORESEE. THE PACKET INCLUDES COPIES OF THE LETTER SENT TO THE OWNERS AND TIME STAMP OF WHEN THEY RECEIVED A COPY OF THE SUBMISSION PAPERWORK AND A COPY OF THE LOCAL LAW. FOR YOUR REFERENCE, ALL THE REQUIRED DEPARTMENTS HIGHWAY PLANNING, CODE ENFORCEMENT, ASSESSING, TOWN CLERK, ENGINEERING AND LEGAL DEPARTMENT HAVE BEEN NOTIFIED. THE HISTORIC PRESERVATION COMMISSION HAS SCHEDULED ITS PUBLIC HEARING FOR OCTOBER 21ST, 2025 AT HAMBURG TOWN HALL AT 5 P.M. IN CONFERENCE ROOM 7AB. IT IS OUR EXPECTATION THAT THE COMMISSION WILL VOTE TO MOVE THE PROCESS TO THE TOWN BOARD ON OR ABOUT OCTOBER 22ND. THE TOWN BOARD CAN THEN SCHEDULE THEIR PUBLIC HEARING AND POST NOTICE OF THE DATE AND TIME OF THE PUBLIC HEARING, HOPEFULLY, AT YOUR NOVEMBER 3RD TOWN BOARD MEETING, WE EXPECT YOUR PUBLIC HEARING WILL BE SCHEDULED ON OR ABOUT NOVEMBER 17TH, AFTER YOUR PUBLIC HEARING IS THEN UP TO YOU TO WEIGH THE INFORMATION AND MAKE A DETERMINATION, WE STRONGLY ENCOURAGE YOU TO SPEAK WITH TOWN HISTORIAN JIM BAKER WITH ANY QUESTIONS THAT YOU MAY HAVE. THE PRESERVATION COMMISSION IS ALSO AVAILABLE TO ANSWER ANY QUESTIONS. FEEL FREE TO CONTACT US AT ANY TIME. WE UNDERSTAND THE IMPORTANCE AND SIGNIFICANCE OF THIS PROCESS, AND THANK YOU IN ADVANCE FOR YOUR THOUGHTFUL REVIEW, INPUT AND TIME. THANK YOU. THANK YOU.SHORT AND SWEET TO EVERYONE FOR YOU. THANK YOU. THANK YOU, THANK YOU. YOU HAVE MY MY SUPPORT. THIS IS NICE AND HEAVY. I'LL TURN THIS OVER TO MY WIFE. ONE MORE THING. OH, WE HAVE ONE MORE THING. WE WOULD LIKE TO INVITE ALL OF YOU TO THE OPEN HOUSE ON SEPTEMBER 27TH. IT'S SATURDAY AFTERNOON, 12 TO 3 AT THE HISTORICAL SOCIETY. BECAUSE I'M NOT SURE IF YOU'RE ALL AWARE, BUT THANKS TO SINATRA AND IMAGES AND GLASS, WE HAVE BEEN ABLE, AS A CONSERVATION COMMISSION, TO GUIDE THE SAVING OF THE STAINED. SOME OF THE STAINED GLASS WINDOWS AT THE CHAPEL OF THE MOTHERHOUSE THAT THE NUNS LIVED IN ON SOUTH PARK. SO THIS IS THE INFORMATION ABOUT THAT. I CAN PASS IT DOWN FOR YOU. I CAN DO THAT. THANKS. THANK YOU, THANK YOU. FOR.
STOPPING. THANK YOU. I'M READY TO GO ANY EARLY. OKAY. I'LL MAKE A MOTION TO GO INTO EXECUTIVE SESSION FOR SPECIFIC. SPECIFIC LITIGATION OR LITIGATION MATTER. KEN. MR. FARRELL, ONE LITIGATION MATTER AND ALSO REQUEST FOR COLLECTIVE NEGOTIATION AND QUESTION WHICH
[00:30:07]
IS A MATTER. SECOND. ALL IN FAVOR? QUESTION. MR. FARRELL, I DID SEND YOU AN EMAIL AND I WAS DISAPPOINTED. DID YOU SEND ME A RESPONSE? I KNOW WHY NOT. BECAUSE WE HAD THIS ON THE AGENDA TO DISCUSS THE MATTER. WHAT? WHAT AGENDA? IT JUST SAID LITIGATION AGENDA THAT WAS DELIVERED TO EVERYONE LAST FRIDAY. WHAT SPECIFICALLY DOES IT? DOES IT SAY AGENDA? IT SAYS EXECUTIVE I DON'T, I DON'T, I DON'T I'M NOT THE AUTHOR OF THE AGENDA. SO WHAT I HAVE HERE IS THIS WORK SESSION. IS THERE ANYTHING MORE SPECIFIC THAN THAT? I THINK WE GOT SOMETHING.HERE THAT YOU. DON'T. OKAY. I'M SATISFIED WITH THAT. I DIDN'T I DIDN'T FOR SOME REASON. I DIDN'T GET THAT. YEAH. IT CAME OUT VERY LATE IN THE DAY, BUT I GOT THE OTHER ONE. BUT I DIDN'T GET THIS ONE. BUT I THINK THAT I MEAN, I GUESS I JUST LIKE TO GET THESE IN ADVANCE SO I CAN PREPARE AND DO WHATEVER DUE DILIGENCE I NEED TO DO. THIS PARTICULAR MATTER CAME UP VERY LATE. I WAS UNAWARE THERE WOULD BE A WOULD BE ON THE AGENDA ALSO. AND SO THAT PROVIDED FOR ME. OKAY. THANK YOU. THAT'S IT. I PREPARE TO VOTE ON THE. ALL IN FAVOR. AYE,
* This transcript was compiled from uncorrected Closed Captioning.