[WORK SESSION]
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GOING TO START THE WORK SESSION TONIGHT. WE'RE STARTING A FEW MINUTES LATE. CASE NUMBER TWO AND CASE NUMBER FOUR ARE WITHDRAWN. THEY WILL NOT BE HERE TONIGHT. AND I JUST WANT TO INTRODUCE OUR NEWEST MEMBER, BRIAN STEWART, WHO IS THE NEWEST ADDITION TO THE BOARD.
WE HAVE A COUPLE OF PEOPLE ABSENT AND EXCUSED THIS THIS EVENING. WE'LL DO THAT WHEN WE DO THE ROLL CALL. BUT I WANTED EVERYBODY TO KNOW WHO WAS SITTING TO MY LEFT TONIGHT BECAUSE IT'S AN UNFAMILIAR FACE HAVING THAT. OUR FIRST CASE IN OUR WORK SESSION IS MARK WHITMAN REQUESTING REZONING OF PROPERTY LOCATED AT 49 HOOPS. BIGGEST VIOLATOR, 4922 OR OREGON AVENUE FROM ROUTE THREE OR FROM I'M SORRY, FROM R-3 TO C-2. I THOUGHT I WAS IN NEBRASKA FOR A MINUTE. ROUTE THREE. DO YOU WANT TO COME UP TO THE PODIUM? THE APPLICANT IS REQUESTING REZONING FROM R-3 TO C-2 FOR HIS PROPERTY AT 4922 OREGON. IT'S CURRENTLY ZONED.
R-3. THE APPLICANT HAS A NEIGHBOR TO THE WEST WHO IS ZONED R-3 AND HAS A SINGLE FAMILY ON THEIR HOME ON THEIR PROPERTY. LOWE'S IS THE NEIGHBOR TO THE NORTHEAST AND IS ZONED C-2, AND I WILL LET THE APPLICANT CONTINUE WITH THE REST. IF YOU WOULD, PLEASE PICK UP THE MICROPHONE OR AT LEAST MAKE SURE YOU TALK INTO IT BECAUSE YOU WE WILL NOT HEAR YOU ON OUR AT HOME. YOU CAN START WITH YOUR NAME PLEASE. MY NAME IS MARK WHITMAN. YOU GUYS START AT THE BEGINNING. YEAH, YEAH. THEY DON'T. THIS IS A BRAND NEW BOARD THAT YOU'RE IN FRONT OF. SO I KNOW THAT YOU'VE SEEN MY FACE AND JOSH'S FACE IN THE PAST, BUT THIS IS THE PLANNING BOARD, SO? SO WE BOUGHT THIS PROPERTY APPROXIMATELY 25 YEARS AGO WHEN THE LAND WHERE THE LOWE'S PLAZA IS NOW WAS WOODED. IT WAS ALL IT'S 38 ACRES OF WOODLANDS OWNED BY A NEIGHBOR TO THE EAST OF OUR PROPERTY, WHOSE HOUSE IS NO LONGER THERE. IT WAS THEN REZONED TO C-2 TO TO BE CLEARED AND TO BUILD WHAT YOU SEE NOW. LIKE WAS SAID, OUR NEIGHBORS DOWN THE ROAD ARE ALSO HAVE REZONED TO C2. AND IF YOU KNOW JOSH, IF YOU PUT THAT THE OVERLAY ON, YOU CAN KIND OF GIVES YOU A GOOD PICTURE OF WHAT'S GOING ON. SO, SO WHEN WE WHEN WE BOUGHT THE HOUSE, WE KNEW THAT THOSE 38 ACRES WERE ZONED R-3, AND WE KNEW THAT THERE WAS A POTENTIAL OF HOMES OR APARTMENTS GOING THERE, WHICH WE WERE OKAY WITH. WE WERE GOING TO FIX UP OUR HOME A BIT AND HOPEFULLY SELL IT FOR A PROFIT AND DO THAT WHOLE THING.
AND, YOU KNOW, KIND OF IN THE MIDDLE OF THAT, WE LEARNED ABOUT THIS PROJECT. SO WE CEASED OPERATIONS ON THAT. AND TO MAKE A LONG STORY SHORT, WE NOW ARE SITTING IN A PROPERTY THAT THE ONLY WAY WE CAN REALLY FORESEE GETTING OUT OF IS TO SELL IT AS A COMMERCIAL PARCEL.
SO THAT'S WHY WE'RE HERE, OKAY. PLANNING DEPARTMENT, DO YOU HAVE ANYTHING TO ADD? YEAH, JUST FOR THE BOARD'S SAKE. MARK, CAN YOU KIND OF SPEAK TO THE ACCESS PIECE AND WHERE YOU CURRENTLY GET TO YOUR YOUR HOME AND WHERE THAT ACCESS COMES FROM? AND JUST TALKING ABOUT THAT A LITTLE BIT. YEAH. SO I MEAN, CURRENTLY WE DRIVE DOWN OREGON FROM 20 TO ACCESS OUR HOME. YOU'LL SEE TO THE EAST OF OUR PROPERTY THERE IS KIND OF A, A LITTLE, A KIND OF A STRETCH OF TREES IN THERE. IT JUST KIND OF LIKE THEY JUST LEFT IT LIKE THAT. THERE'S A RETENTION POND THERE AS WELL. SO THERE IS THAT LAND IS OWNED BY LOWE'S. AND IN THEORY, IN MY THEORY OF WHAT THIS PROPERTY COULD BE, IS YOU WOULD ACCESS IT FROM THE LOWE'S DRIVEWAY. NOT NOT THE STREET.
IT WOULD COME FROM THE DRIVEWAY. WE'VE HEARD IT WHEN WE'VE BEEN HERE BEFORE. SOME FOLKS HAVE MENTIONED A TIM HORTONS OR SOMETHING LIKE THAT. I DON'T KNOW THE VALIDITY OF THAT OR I DON'T KNOW ANYTHING THAT'S GOING TO HAPPEN. I JUST KNOW THAT I WANT THAT PROPERTY TO BE SOLD COMMERCIALLY. I DON'T HAVE ANY PLANS I DON'T KNOW OF. I DON'T WANT TO DO ANYTHING. I DON'T KNOW OF ANY INTEREST, BUT I THINK THAT'S OUR ONLY CHANCE. SO THERE IS AN EASEMENT THAT WOULD BE NEEDED TO ACCESS FROM THE ROAD THAT WOULD NEED TO COME FROM LOWE'S, WHICH I HAVE TO ASSUME THEY WOULD ALLOW, I WOULD THINK. THAT ANSWER WHAT YOU NEED. JOSH. YEP. OKAY. DO YOU HAVE ANYTHING ELSE THAT YOU WANT TO PRESENT TO THE BOARD? NO. PLANNING DEPARTMENT. SO AS YOU GUYS KNOW, YOU GUYS ARE THE REFERRING BOARD TO THE TOWN BOARD. THE TOWN BOARD ENTERTAIN THIS REZONING. MARK CAME TO CODE REVIEW. CODE REVIEW DEEMED THAT IT HAD ENOUGH MERIT FOR
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THE TOWN BOARD TO SEND TO TO OUR BOARD. AND THE GOAL FOR FOR THIS BOARD IS TO PROVIDE ANY COMMENTS AND A RECOMMENDATION TO THE TOWN BOARD, WHETHER OR NOT YOU WANT TO RECOMMEND IT TO THE TOWN BOARD FOR IT TO BC2, OR IF YOU HAVE ANY CONDITIONS THAT YOU WANT THE TOWN BOARD TO TAKE INTO ACCOUNT. ONE THING THAT I KNOW WE TALKED ABOUT WITH MR. WHITMAN IS THAT SHOULD THIS REZONING GO TO C2, THE HOME TECHNICALLY WOULD BECOME NON-CONFORMING BECAUSE, AS YOU GUYS KNOW, HOMES ARE NOT ALLOWED IN C2. BUT AS HE DESCRIBED, HE'S LOOKING TO KIND OF SELL IT AS A COMMERCIAL SPACE. SO JUST KEEP THAT IN MIND THAT THE HOME AS IT EXISTS, IF IT WERE TO BE C2, WOULD BE NON-CONFORMING. BUT OTHER THAN THAT, ANY COMMENTS YOU KNOW, OR ANYTHING THAT YOU WANT FOR THE TOWN BOARD TO CONSIDER IS KIND OF THE PURPOSE OF TONIGHT. OKAY.THANK YOU. ENGINEERING. I'M NOT SURE THAT YOU HAVE ANYTHING TO OFFER AT THIS POINT. OKAY.
BOARD MEMBERS. NO. YEAH. YOU CAN GO FIRST. BILL. MEMBER CLARK, NOT MEMBER CLARK. MEMBER.
RYAN. OKAY, LET'S NOT FIGHT OVER POSITION TONIGHT, OKAY? NOW, JOSH, I GUESS THIS QUESTION WOULD BE TO YOU, THE OTHER HOMES, THE OTHER THREE HOMES THAT ARE ON OREGON, ARE THEY ALL ZONED R3? ARE THEY ALL ZONED COMMERCIAL. SO THERE IS A I'LL TRY TO PULL THE ZONING UP.
SO THERE'S A HOME TO THE WEST THAT IS STILL R3 THEN I THINK THIS IS STILL SO THE ORANGE IS STILL R3 OKAY. AND THEN EVERYTHING ELSE IS EITHER R2 TO LIKE THE NORTHWEST, AND THEN EVERYTHING TO THEIR EAST AND SOUTH IS C2. THERE IS ANOTHER HOME THAT IS ACTUALLY ZONED C2 THAT 4972, WHICH IS ON C2. YEAH. DO YOU KNOW WHEN THAT ONE WAS REZONED? JOSH 49729I CAN LOOK INTO IT, BUT I THINK IT PREDATES MY TIME. CAN I ADD I KNOW IT WAS QUITE RECENTLY I DON'T KNOW EXACTLY THOUGH. AND IT WAS DONE BECAUSE HE ALSO OWNS THE SAME THE CARNIVAL ZONE, THE FOUR NINE, SEVEN TWO. THEY ALSO OWN THE HOUSE ON THE FRONT, THE FIRST HOUSE ON THE STREET AND WEST. HER BOUGHT SOME OF THAT TO DO A WHATEVER THEY'RE DOING THERE. SO THEY REZONE AT THAT TIME. THAT WASN'T THAT LONG AGO. YEAH. IF YOU GUYS RECALL THE LAST THING AROUND THIS AREA THAT CAME TO THIS BOARD IS WE APPROVED THAT LIKE CAR PLACE AT SOULS IN SOUTHWESTERN, 3600 SOULS WITH THE CARNIVAL'S ABOUT TWO YEARS AGO. THAT WAS THE LAST THING IN THIS AREA THAT CAME BEFORE THIS BOARD. THE ONE WITH THE INFAMOUS GARAGE THEY WERE SUPPOSED TO LEAVE UP AND ACCIDENTALLY TORE DOWN. AND NOW IT'S AN EMPTY LOT. YEAH, I BELIEVE THAT RINGS A BELL. I HAVE A IF EVERYBODY'S GOING TO BE QUIET, I HAVE A QUESTION. SO.
ALONG WITH OUR RECOMMENDATION, MR. WHITMAN, I UNDERSTAND, IS ASKING FOR US TO TO RECOMMEND THAT THE WAIVER THAT THE PHOEBE WAIVER, THE $500 FEE. DO YOU WANT TO TALK ABOUT THAT OR ARE YOU REQUESTING THAT I AM. AND THE REASON I'M HERE TODAY IS BECAUSE OF WHAT'S THE RED THAT WASN'T THERE BEFORE? I DON'T FEEL IT'S IN ANY WAY FAIR FOR ME TO HAVE TO PAY MONEY TO DO WHAT IS ESSENTIALLY BEING FORCED OF ME. I DON'T THINK THAT'S RIGHT WHATSOEVER. SO YOU FEEL YOU'RE BEING FORCED TO DO THIS? YES, MA'AM, I DO. OKAY. IF YOU LOOK AT THAT MAP, I THINK THAT MAKES IT PRETTY CLEAR. OKAY. ANYONE ELSE? I GUESS I TO MEMBER CLARK'S POINT, WONDERING ABOUT THE TIMING OF THOSE OTHER NON-CONFORMING LOTS THAT WERE ZONED C2. AND I GUESS I WOULD FEEL REALLY BAD IF I WAS ON THE BOARD WHEN THAT HAPPENED AND THAT WENT THROUGH.
BUT I CAN ALSO SEE HOW, YOU KNOW, THE APPLICANT IS NOW ESSENTIALLY LANDLOCKED WITH THIS TYPE OF ZONING. AND I WOULD BE INTERESTED IN WHAT OTHER MEMBERS SAY. BUT THIS IS THIS IS DEFINITELY AN ODD SITUATION. I WAS ALWAYS TOLD THAT YOU HAVE TO PICK THE MIC UP BECAUSE THEY CAN'T HEAR YOU. YOU GOTTA BRING THE MIC UP. I WAS ALWAYS TOLD THAT THEY WOULD GET TO ME, RIGHT? I WAS TOLD MANY, MANY LIES AND BEEN LIED TO BY LAWYERS IN THIS ROOM MANY,
[00:10:07]
MANY TIMES. AND EVERYBODY WHO WOULD COME INTO A MEETING LIKE THIS WOULD LOOK AT THE MAP, THE EASEL, AND THEY WOULD GO, WHO'S THIS? AND THEY'RE POINTING AT MY HOUSE. SO THERE, THERE IS.YOU KNOW, IT JUST NEVER I JUST KIND OF GOT LEFT AND THAT WAS THAT. AND SO WHEN I'M ASKED TO PAY A FEE TO DO THIS, IT'S, IT'S A BIT, A BIT FRUSTRATING TO, TO PUT IT NICELY. OKAY.
WELL I'M GOING TO, I'M GOING TO MAKE A COMMENT ABOUT YOUR STATEMENT ABOUT THE LIES. WE CAN GO BACK TO THE RECORDS. AND I THINK THAT WE SHOULD PULL ALL THE MINUTES. THESE ARE NOT ALL OF THESE ARE NOT ON RECORD. THESE ARE THINGS THAT HAPPENED BACK THERE IN THE HALLWAY, THINGS LIKE THAT. BUT THAT'S A PRETTY STRONG STATEMENT THAT YOU'RE MAKING. YOU'RE TALKING ABOUT TOWN OFFICIALS. AND I'M NOT GOING TO I'M NOT GOING TO GET INTO THIS. THIS IS A NEW BOARD. WE HAVE AN ATTORNEY. I'M STAYING. I'M STAYING WHERE I'M COMING FROM. I'M ASKING FOR A DEFERMENT FOR THIS FEE. OKAY. THAT'S PART OF IT. THIS BOARD'S GOING TO DO THE BEST THEY CAN.
THERE'S A LOT OF ACCUSATIONS OUT THERE THESE DAYS OF PEOPLE ACCUSING VARIOUS BOARDS OF THIS TOWN, OF NOT OF BEING ON THE TAKE, OR THAT WE'RE GOING TO LIE THAT'S WE ALL TOOK AN OATH.
I'M NOT I'M NOT ACCUSING THE BOARD OF THAT. OKAY? I'M JUST I WANT TO CLARIFY THAT. OKAY. I'M STATING A CASE HERE. SO HANG ON. OUR JOB IS TO MAKE A RECOMMENDATION TO THE TOWN BOARD BASED ON THE INFORMATION THAT YOU PRESENTED TO US. IF WE'RE GOING TO RECOMMEND THAT THIS SHOULD BE ZONED. I DON'T FEEL THAT THE I DON'T FEEL THAT THE THE FEE SHOULD BE WAIVED AS FAR AS THE THE REZONING, I SEE WHERE YOU HAVE A CHALLENGE AND I CONCUR WITH MEMBER SHIMURA.
I'D LIKE TO HEAR FROM OTHER MEMBERS OF THIS BOARD ON THEIR SUGGESTION, BECAUSE AND I AND I THINK I MENTIONED THIS TO YOU IN CODE REVIEW, WE DON'T KNOW IF THAT ACCESS IS GOING TO BE ALLOWED BY LOWE'S. WE DON'T WE HAVE NO IDEA. WE HAVE NO WAY OF KNOWING THAT. AND WE CAN'T ASSUME THAT THAT IS THE WAY IT IS. THERE'S NO EASEMENT THAT WE'RE AWARE OF. WHAT I WOULD LIKE TO SEE IS THE PAST HISTORY OF THE REZONING OF THOSE OTHER LOTS BEFORE WE MAKE A RECOMMENDATION. SO WE HAVE A COMPLETE HISTORY AND WE KNOW WHAT WE'RE TALKING ABOUT. SO WE CAN SEND THAT TO THE TOWN BOARD. THAT'S WHAT I WOULD LIKE TO SEE. AND THEN I WOULD LIKE TO HEAR FROM OTHER MEMBERS OF THE BOARD ON WHERE THEY STAND. MEMBERS, DO YOU CONCUR WITH THAT, THAT WE SHOULD GET THE HISTORY MEMBER. SHIMURA YES. I WOULD JUST LIKE TO KNOW IF THERE WAS ANY OTHER TYPE OF INTENT THAT WAS STATED WITH THE REZONING OF THESE LOTS THAT ARE BETWEEN SOUTHWESTERN AND THE APPLICANT'S PROPERTY. CAN WE HOW LONG WOULD IT TAKE TO GET THAT INFORMATION? PLANNING DEPARTMENT? DEFINITELY. BEFORE THE NEXT MEETING, WHICH IS THE 15TH. I CAN GET THAT DONE. COOL. THANK YOU. MEMBER CLARK. IT'S A IT'S A REALLY TOUGH SITUATION.
GENERALLY. I WOULDN'T WANT TO DO SOMETHING LIKE THIS WITH A NONCONFORMING USE, BUT LOWE'S WAS REZONED WAS BEFORE ANY OF US WERE ON THE PLANNING BOARD. IT WAS BEFORE ANYBODY WHO'S CURRENTLY ON THE TOWN BOARD WAS ON THE TOWN BOARD. IT'S A SUPER INTENSE COMMERCIAL USE THERE.
AND THE RESIDENTS THAT LIVE ON OREGON IS REALLY SUFFERED BECAUSE OF IT. SO I THINK THAT A LITTLE BIT MORE SYMPATHY FOR THE PEOPLE ON THIS PARTICULAR STREET IN THIS SCENARIO THAN THAN MAYBE SOME OTHER PARTS OF THE TOWN WHERE SOMEBODY WOULD WANT TO REZONE A HOUSE TO COMMERCIAL AND HAVE A NON-CONFORMING USE, BECAUSE THAT WAS A THAT WAS A BIG CHANGE WITH LOWE'S, AND I WASN'T AROUND WHEN IT HAPPENED. AND I DON'T HAVEN'T EVEN REALLY TALKED TO ANYBODY WHO WAS. AND I DON'T KNOW EXACTLY WHAT THEY WERE THINKING WITH, WITH THAT BEING SO CLOSE TO THAT STREET. I MEAN, WE'VE HEARD TONS OF STUFF ABOUT THE TRAFFIC. YOU CAN'T GET OUT OF THAT STREET BECAUSE TRAFFIC GETS BACKED UP COMING OUT OF LOWE'S AT THE LIGHT. SO THAT IS A REALLY DIFFICULT STREET FOR RESIDENTIAL USE. SO I GET WHERE HE'S COMING FROM. AS FAR AS THE FEE WAIVER, THAT'S UP TO THE TOWN BOARD. I THINK WE COULD I MEAN, IF IF WE COULD EVEN JUST NOT SAY ANYTHING ABOUT THAT, WE'RE NOT OFFERING AN OPINION.
OR IF A MAJORITY SAY WE DON'T THINK THE FEE SHOULD BE WAIVED. BUT IN MY OPINION, THAT'S WHAT IT COMES TO MONEY. THAT'S THE TOWN BOARD'S PURVIEW. AND IF THEY WANT TO WAIVE IT, I DON'T HAVE A PROBLEM WITH IT. AND IF THEY REFUSE TO WAIVE IT, I DON'T HAVE A PROBLEM WITH IT. I FEEL LIKE THAT'S THEIR CALL, NOT MINE, I AGREE. THE ONLY REASON I BROUGHT IT UP IS BECAUSE IT WAS IN OUR MEMO THAT HE WAS GOING TO ASK THE PLANNING BOARD FOR FOR US TO WAIVE IT, AND IT'S OUT OF OUR LANE, SO TO SPEAK. SO ADDRESS THAT. OKAY. HELLO AGAIN. SO CAN
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YOU GET THE INFORMATION? ARE YOU MEMBER CLARK, ARE YOU IN CONCURRENCE WITH. WHAT WE WANT TO DO IS TO GET THE REST OF THE INFORMATION ON THE REZONING SO WE CAN COME UP WITH A RECOMMENDATION FOR THE 15TH WITH THAT. BUT ULTIMATELY, AS I SAID, I'M PRETTY SYMPATHETIC TO THE PEOPLE WHO LIVE ON OREGON AND WHATEVER THEY THINK WOULD BE THE BEST FOR THEM. PROBABLY GOING TO IT'S JUST ONE HOUSE, THOUGH, SO THE OTHER HOUSE IS GOING TO STAY, RIGHT? OKAY, JUST SO WE'RE CLEAR ON THE RECORD, IT'S JUST ONE HOUSE. BUT IF THE OTHER ONES CAME, I'D BE IN THE SAME POSITION, RIGHT? THAT THAT OTHER ONE, THE ONLY ONE LEFT JUST AFTER THIS ONE, IT'S, YOU KNOW, THOSE PEOPLE IN A REALLY TOUGH SPOT. THAT WAS AS HE SAID, IT WASN'T HIS FAULT.IT'S TOWN DID IT TO HIM. OKAY. SO LET'S GET THE INFORMATION COMPILED. AND ARE YOU ABLE TO COME BACK HERE ON THE 15TH? THANK YOU MA'AM I CAN OKAY. SO WE'LL PUT HIM ON THE REGULAR 15TH. YEP. SESSION. NOT THE WORK SESSION, BUT THE REGULAR MEETING. YEP. AND WE'LL SEE YOU BACK HERE ON THE 15TH. AND WE'LL BE BETTER PREPARED WITH THE HISTORY OF ALL OF THIS.
OKAY? THANK YOU, THANK YOU. OKAY. AS MENTIONED EARLIER, CASE NUMBER TWO, LAUREN GREEN HAS BEEN WITHDRAWN. THE APPLICANT HAS DECIDED NOT TO PURSUE. IT'S MY UNDERSTANDING THAT THE APPLICANT WILL NOT BE PURSUING A REZONING FROM C1 TO C2. THAT IS CORRECT. THANK YOU.
AND THAT BRINGS US TO OUR CASE THREE JOHN MEYER REQUESTING A CHANGE OF USE AND SITE PLAN APPROVAL FOR AN OFFICE AND STAGING AREA TO BE LOCATED AT 4632 LAKESHORE DRIVE. GOOD EVENING. YOU'VE GOT THE MIC IN HAND. OKAY. GOOD EVENING. MY NAME IS JOHN MEYER. I PURCHASED THIS PROPERTY BACK IN 2021 WITH THE INTENT OF PUTTING A BUSINESS IN THERE. THINGS HAVE FELL THROUGH, DIDN'T WORK OUT. NOW I'M TRYING TO SELL THE BUILDING RIGHT NOW. IT'S CURRENTLY ZONED AS RESIDENTIAL AND AUTOMOTIVE. THE PEOPLE THAT WANT TO BUY IT ARE LAKEVIEW HEATING AND COOLING OUT OF LAKEVIEW, NEW YORK. SO THEY'RE RIGHT DOWN THE ROAD, BUT IT NEEDS TO BE CHANGED FOR THEM TO COME IN AND OPERATE A BUSINESS THERE. SO THAT'S WHY I'M HERE.
PLANNING DEPARTMENT. SO THIS SITE HAS A VERY COMPLICATED HISTORY. BEFORE EVEN THE USE OF WHAT MR. MEYER WAS ASKING FOR BEFORE, IT HAD PREVIOUS AUTOMOTIVE USES. AND IF YOU LOOK AT THE ZONING, WHICH SHOULD BE IN YOUR SHAREPOINT FOLDER, IT IS SMACK DAB AROUND A LOT OF R2. AS MR. MEYER STATED, OFFICE IN THE STAGING AREA. THE REASON IS BEFORE THIS BOARD IS ONE. HE NEEDS A REFERRAL TO GO TO THE ZONING BOARD FOR A USE VARIANCE. THE SECOND REASON IS BEFORE THIS BOARD IS BECAUSE IT'S GOING FROM AUTOMOTIVE USE TO OFFICE KIND OF USE. THAT REQUIRES A CHANGE OF USE. AND UNDER OUR CODE THAT ALSO REQUIRES SITE PLAN APPROVAL. SO THAT'S WHY HE'S HERE TODAY BECAUSE OF THE DIFFICULTIES OF GETTING A USER AND A TENANT INTO THE BUILDING, A USE VARIANCE, AS OPPOSED TO REZONING THIS FROM R2 TO C2, WHICH THERE IS NO C2 REALLY IN THIS AREA, THAT DIDN'T REALLY MAKE MUCH SENSE. AND A USE VARIANCE TO THE APPLICANTS WAS WAS A BETTER OPTION FOR HIM TO GO WITH. SO THAT'S WHY HE'S BEFORE YOU TONIGHT, AND HE'S JUST LOOKING FOR ANY COMMENTS THAT YOU WANT TO SEND TO THE ZONING BOARD BEFORE HE GOES TO THAT MEETING ON OCTOBER 7TH. SO OUR JOB, WE'RE CHARGED WITH MAKING A REFERRAL TO THE ZBA. YEAH, REFERRAL TO THE ZBA. AND IF THERE'S ANY COMMENTS YOU WANT THE ZBA TO KNOW FROM THE BOARD AS THEY'RE MAKING THEIR DECISION ON THE USE VARIANCE, AND THE APPLICANT IS GOING TO BE GOING IN FRONT OF THE ZBA FOR A USE VARIANCE. CORRECT? OKAY. I JUST WANTED TO CLARIFY THAT FOR THE AUDIENCE. REALLY, IT WAS A CLARIFICATION FOR ME, BUT I BLAME THE AUDIENCE FOR EVERYTHING. OKAY. DO YOU HAVE ANYTHING ELSE TO OFFER? NOPE.
OKAY. BOARD MEMBERS ENGINEERING BEFORE WE GO. SINCE THERE'S NO PHYSICAL CHANGES TO THE SITE, THERE'S REALLY NO COMMENT FROM ENGINEERING, BUT A SITE PLAN IS REQUIRED. SO WE WOULD USE THE SURVEY, THE EXISTING SURVEY AS THE SITE PLAN IN THIS CASE. OKAY. MEMBER CLARK, DID YOU HAVE SOMETHING? WHAT'S THE ZONING ON THIS? JOSH IT'S CURRENTLY ZONED R2. OKAY. WAS IT A GAS STATION AT ONE POINT? IT'S BEEN A BUNCH OF AUTOMOTIVE CENTRIC USES. REPAIR SHOP. HOW DID THEY DO A REPAIR SHOP IN AN R2? IT WAS A GAS STATION. DAVIDSON MOBIL WAS IN THERE FOR
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MANY, MANY YEARS. WAS THAT WHEN I WAS BACK IN HIGH SCHOOL, MAYBE BEFORE ZONING CODE LAWS? I THINK THE USAGE HAS PREDATED SINCE WE'VE HAD OFFICIAL ZONING IN THE IN THE TOWN, WHICH OBVIOUSLY CREATES ANOTHER ISSUE. BUT SO THEN BUT IT'S BUT IT'S SO ZONED R2 SO IT MUST HAVE BEEN A GAS STATION OR ANYTHING AT THE TIME IT GOT ZONED. RIGHT. AM I ASSUMING THAT. WELL, IT'S THERE'S ALWAYS BEEN SOME SORT OF AUTOMOTIVE USE ON THAT SITE, EVEN WHEN IT WAS ZONED R2, IF IT WAS A USE BEFORE THERE WAS EVER A ZONING CODE, IT WOULD HAVE BEEN GRANDFATHERED IN, WOULD HAVE BEEN GRANDFATHERED IN AS EVEN THOUGH IT'S R2, THAT MUST BE RIGHT. BUT NOW, BECAUSE HE'S CHANGING IT, OBVIOUSLY NOW A USE VARIANCE IS NEEDED AND THERE'S A CHANGE OF USE, WHICH IS WHY IT'S BEFORE THIS BOARD AS WELL, BECAUSE IT'S GOING FROM AUTOMOTIVE TO IF HE WAS GOING TO CONTINUE THIS AS AN AUTOMOTIVE USE, THEN EVEN WITH IT BEING R2, BUT BECAUSE IT'S GOING TO OFFICE AND STAGING AREA, THAT'S WHY I USE VARIANCE IS NEEDED BECAUSE OFFICE AND STAGING IS NOT ALLOWED IN THE R2 ZONE. CLEARLY. OKAY. MY QUESTION WOULD BE WHAT A STAGING. WHAT'S A CLEAR. CAN YOU CLARIFY WHAT A STAGING AREA IS. IT'S LAKEVIEW HEATING AND COOLING. SO THEY WANT TO HAVE FURNACES AND AIR CONDITIONING AND DUCTWORK THERE FOR THEIR EMPLOYEES TO COME IN, GET THEIR STUFF TO GO TO A JOB SITE, RESIDENTIAL OR WHATEVER THEY'RE DOING AND LEAVE FOR THE DAY. HOW DOES THAT NOT QUALIFY AS STORAGE? NOT MANUFACTURING? HOW DOES IT NOT QUALIFY AS WHAT? WELL, WHY IS THAT STAGING AND NOT STORAGE? WELL, I MEAN I MEAN ARE THEY GOING TO LIKE DELIVER? I'M GOING TO GET TO MY POINT HERE IN A MINUTE, BUT I WANT TO GET A CLARIFICATION OF IT, BECAUSE WHEN YOU THAT PICTURE THAT YOU SEE, WHEN YOU PUT THAT PICTURE BACK UP, IT'S VERY DECEIVING. YOU DON'T REALLY HAVE THAT MUCH ROOM OFF OF ROUTE FIVE TO GET IN THERE. SO IT'S AND I'M FAMILIAR WITH LAKEVIEW HEATING AND STORAGE, HEATING AND COOLING AND THEIR TRUCKS. SO ARE THEY GOING TO BE STORING THEIR I GUESS I DON'T THERE. SO THE APPLICANT DID SUBMIT A LETTER OF INTENT WHICH IS IN THE FOLDER. AND I CAN BRING IT UP. AND OBVIOUSLY YOU CAN SPEAK TO IT BECAUSE YOU'RE WORKING WITH THEM. BUT FROM OUR UNDERSTANDING. SO OBVIOUSLY HE CAME TO CODE ENFORCEMENT AND PLANNING BEFORE APPLYING FOR THE VARIANCE AND ASKING IF THIS USE WOULD BE ALLOWED. OR I MEAN, HE'S GETTING A USE VARIANCE, BUT ASKING ABOUT THE USE. AND WE ASKED FOR HIM TO PRODUCE A LETTER OF INTENT. AND FROM OUR UNDERSTANDING AND FROM THE CONVERSATIONS THAT WE HAD WITH JOHN LAKEVIEW, HEATING AND COOLING WOULD BE COMING IN. AND THERE'S NOT REALLY GOING TO BE ANY RETAIL ON THE SITE, AND THERE'S REALLY NOT GOING TO BE ANY CUSTOMER TRAFFIC. IT'S REALLY GOING TO BE MORE SO DAY TO DAY OPERATIONS, LIKE I SAID, OFFICE SPACE, STAGING AREA WHERE YOU KIND OF COME IN AND, YOU KNOW, YOU KIND OF GET DEMOS AND SO ON AND SO FORTH. SO THERE'S REALLY NOT SUBSTANTIAL TRUCK TRAFFIC THAT'S EXPECTED TO COME IN AND OUT OF THIS SITE. WELL, HOW DOES THE HOW DO THE PRODUCTS GET THERE THEN THERE'S GOING TO BE A DELIVERY OF SOME SORT. CORRECT. JOSH, JUST TO CLARIFY THAT THE LETTER OF INTENT SAYS INTENDS TO ESTABLISH THEIR MAIN OFFICE HEADQUARTERS, WHEREAS I IMAGINE THAT THERE ARE OTHER PROPERTIES WHERE THEY HAVE THEIR MAIN AREA FOR THEIR WAREHOUSING OF THE LARGER AMOUNT OF MATERIALS, EQUIPMENT AND SO FORTH. WHEREAS THIS IS MORE OF THEIR ADMINISTRATIVE FUNCTIONING, SCHEDULING, DISPATCH, CUSTOMER SERVICE, WHICH IS A MUCH LOWER GRADE TYPE OF ACTIVITY. THERE WOULD BE VANS COMING IN AND OUT, WHEREAS ON THE ACTUAL SITE THERE THERE SEEMS TO BE PARKING FOR AT LEAST TEN OR SO PARKING SPOTS. AND SO WHEREAS ALSO WOULD NOT BE THE MAIN STORAGE FOR AN HVAC COMPANY ALSO TO THAT POINT, BECAUSE THIS IS A CHANGE OF USE AND NEED, SITE PLAN APPROVAL, PARKING AND ALL THAT CAPACITY WOULD HAVE TO COME BACK TO THIS BOARD WHERE YOU GUYS WOULD REVIEW IT AND ASK ABOUT PARKING, ASK ABOUT TRUCK TRAFFIC. YOU KNOW, WHAT'S COMING IN AND OUT. BUT I DON'T WANT TO SPEAK FOR JOHN. IS THAT KIND OF THE INTENT THAT IT'S NOT TRUCKS COMING IN FOR LAKEVIEW AND HEATING? IT'S REALLY THEM USING THAT AS AS IT SAYS IN THE LETTER, OFFICE HEADQUARTERS, KIND OF, YOU KNOW, DAY TO DAY OPERATIONS. THAT'S REALLY THE INTENT OF WHAT THEY'RE USING THE SPACE FOR, RIGHT? OKAY. I WOULD ALSO MENTION THIS GOING FROM REMEMBER THIS WAS AN R2 ZONE. AUTOMOTIVE USES AUTOMOTIVE REPAIR. SO I WOULD ARGUE THAT THIS IS A VERY LESS INTENSIVE USE ON THE SAME PIECE OF PROPERTY COMPARED TO OTHER THINGS. HE COULD BE ASKING FOR A USE VARIANCE FOR OKAY. ANYTHING ELSE? DO THE BOARD MEMBERS HAVE ANYTHING ELSE TO OFFER? THIS IS MEMBER SHMYR. I WOULD SUPPORT THE USE VARIANCE AND THAT ALSO AGREE WITH THE LESSER OF AN IMPACT FUTURE USE WITH RESPECT TO THE OFFICE[00:25:07]
HEADQUARTERS FOR THIS HVAC COMPANY. THIS IS MEMBER RYAN. I AGREE WITH MEMBER SHIMURA, THE ZONING BOARD IS THE ONE THAT ULTIMATELY DECIDES THE USE VARIANCE. CORRECT? CORRECT. AND THEY HAVE DIFFERENT CRITERIA THAN WE WOULD HAVE. CORRECT. AND THEY'RE JUST ASKING IF WE'VE I MEAN, IF IF WE'VE GOT AN ISSUE WITH IT, THAT WOULD BE A PROBLEM. IT'S PRETTY RESIDENTIAL IN THERE, RIGHT? SO I DON'T KNOW IF I'D SAY I AGREE, BUT I THINK IF THE ZONING BOARD APPLIED THE CRITERIA THE WAY THAT THEY'RE SUPPOSED TO APPLY THE CRITERIA AND THEY DECIDE THAT IT IS, I WOULDN'T DISAGREE WITH THAT DECISION. I AGREE WITH THAT. I DON'T KNOW IF I'D WANT TO AFFIRMATIVELY SAY, YEAH, I LIKE IT. SO THAT'S MAYBE THAT'S A COP OUT, I DON'T KNOW.NO, I, I'M GOING TO SAY I'M CONFLICTED. AND I ECHO YOUR SENTIMENT. AND I WOULD SAY THAT THIS CAN GO TO THE ZBA AND I'LL LET THEM DO THEIR JOB. THAT'S HOW I FEEL. I IT'S PRETTY RURAL.
IT'S PRETTY RURAL. IT'S PRETTY RESIDENTIAL IN THERE. AND I, I THINK I AGREE WITH MEMBER SHIMURA THAT IT IS A LESSER IMPACT THAN A GARAGE OR SERVICE STATION, BUT I JUST I THINK I'LL LET THE ZBA DECIDE, SO I'M PREPARED TO SEND IT TO THE ZBA. ARE WE IN AGREEMENT? I THINK WE'RE IN AGREEMENT TO SENDING IT TO THE ZBA. YES. SOUNDS GOOD. OKAY, OFF YOU GO. WE'LL SEE YOU BACK HERE. HOPEFULLY. GOOD LUCK TO. YOU. OKAY. IT'S A LITTLE AFTER SEVEN, AND I'M GOING TO CALL THE REGULAR MEETING TO ORDER. 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.
SHIMURA, WOULD YOU PLEASE CALL THE ROLL? WILLIAM CLARK HERE. KATELYN SHIMURA, PRESENT. KIM.
RYAN, PRESENT. AUGIE GERACI ABSENT AND EXCUSED. CINDY GROENEKAN PRESENT. KATELYNN MCCORMICK ABSENT AND EXCUSED. AND BRIAN STEWART PRESENT. OKAY, SO WE HAVE A QUORUM THIS EVENING WITH A COUPLE OF MEMBERS MISSING. I WILL AGAIN LIKE TO INTRODUCE OUR NEWEST MEMBER, BRIAN STEWART, WHO IS REPLACING MEMBER VALENTI, WHO STEPPED DOWN BECAUSE OF A JOB
[1. Joe Colern – Requesting Preliminary Plat Approval of a 3-lot subdivision to be located at Hazelwood Terrace and Lake Shore Road]
CONFLICT. AND WE WILL START OUR FIRST REGULAR MEETING CASE WITH JOHN CULLEN REQUESTING PRELIMINARY PLAT APPROVAL ON A THREE LOT SUBDIVISION TO BE LOCATED AT HAZELWOOD TERRACE AND LAKESHORE ROAD. WOULD YOU LIKE TO COME ON DOWN? GOOD EVENING, I'M DOUG PHASE WITH CARMENA WOULD DESIGN WITH THE SITE CIVIL ENGINEERS. YOU MAY WANT TO PICK UP THAT MICROPHONE SO THEY CAN HEAR YOU. THEY REALLY CAN'T HEAR YOU WHEN YOU DON'T. IF YOU DON'T HAVE IT IN YOUR HAND. HOW'S THAT? IT'S IT'S MUCH BETTER BECAUSE I'VE BEEN LISTENING TO THE MEETINGS AND A COUPLE OF US WERE REWATCHING SOME OF THE MEETINGS. AND UNLESS THE MICROPHONES UP HERE YOU CAN'T HEAR, SO NO PROBLEM. MY NAME IS DOUG PHASE. I'M WITH KARINA WOULD DESIGN OR THE ENGINEER FOR THIS PROJECT. WE'RE PRESENTING A THREE LOT SUBDIVISION THAT IS BETWEEN FRONTS ON HAZELWOOD TERRACE AND LAKESHORE ROAD OR ROUTE FIVE. WE'RE JUST ASKING FOR. SORRY, THIS IS NOT MY PROJECT. WE'RE REQUESTING PRELIMINARY PLAT APPROVAL FOR THE THREE LOT SUBDIVISION, AND I BELIEVE WE'RE ALSO SETTING THE PUBLIC HEARING FOR THIS, TOO. OKAY.THAT'S IT. I'LL ASK. ANSWER ANY QUESTIONS AS BEST I CAN. OKAY. THIS IS A TWO AND THREE QUARTER ACRE PARCEL. ALL THE LOTS WILL BE ROAD FRONTAGE LOTS. AND THERE'S TWO LOTS THAT ARE ON HAZELWOOD. CORRECT? CORRECT. AND ONE LOT ON LAKESHORE ROAD. CORRECT. AND AN INDIVIDUAL OWNS THIS PROPERTY I BELIEVE SO, YES. OKAY. THIS IS NOT GREEN SPACE OWNED BY THE TOWN BOARD OR BY THE TOWN OF HAMBURG. CORRECT. ARE YOU ARE YOU ASKING ME OR. I'M ASKING THAT QUESTION? I DON'T KNOW FOR SURE. OKAY, WELL, I DO, AND IT'S NOT OWNED BY THE TOWN TOWN OF HAMBURG. AND IT'S NOT OPEN GREEN SPACE. SO WE'RE NOT STEALING ANYBODY'S GREEN SPACE. AND SO IT'S ZONED R-2.
[00:30:06]
AND SO THIS EVENING, PLANNING DEPARTMENT, WHERE DO WE GO FROM HERE. SO IF YOU GUYS RECALL, THEY PREVENTED SKETCH PLAN AT A MEETING IN SEPTEMBER. THIS IS THE OFFICIAL PRELIMINARY PLAT APPLICATION WITH THE PLAT. THERE'S A SURVEY IN THE FOLDER. WE HAVE TO SCHEDULE A PUBLIC HEARING. AND IF THIS BOARD IS COMFORTABLE, YOU CAN EITHER HAVE ME. IF THERE'S NO OTHER CONCERNS WITH THE SUBDIVISION, I CAN EITHER PRODUCE A DRAFT APPROVAL RESOLUTION THE SAME NIGHT, OR WE CAN TABLE IT TO A FUTURE MEETING, DEPENDING ON WHAT THE BOARD WANTS TO DO.OKAY, WE CAN SCHEDULE THE PUBLIC HEARING BOARD MEMBERS, DO YOU HAVE ANY OTHER QUESTIONS BEFORE I. SORRY, I'M JUMPING THE GUN. EVERYBODY'S GOOD. YEP. OKAY. GO AHEAD AND SCHEDULE THE PUBLIC HEARING. AND I WOULD GO AHEAD AND DO THE DRAFT RESOLUTION. BUT IT WILL BE BASED ON THE PUBLIC HEARING. SOUNDS GOOD. OKAY. WE'LL SEE YOU BACK HERE ON THE 15TH.
THANK YOU SO MUCH. ALL RIGHT. THANK YOU. OKAY. OUR NEXT CASE IS WATER VALLEY GARDENS LLC.
[2. Water Valley Gardens, LLC – Requesting a Change of Use and Site Plan Approval for a development at 6666 Gowanda State Road]
REQUESTING A CHANGE OF USE AND SITE PLAN. THESE PEOPLE LIKE COMING TO SEE US. I CAN TELL BECAUSE THEY'RE JUST THEY ALWAYS HAVE SMILES ON THEIR FACES. AND THEY'VE BEEN HERE A LOT. AND WE'RE WAITING FOR THEM TO OPEN AND. WHO WE NEED TO. OKAY. DO YOU HAVE ANY UPDATES? FROM GROSS SCHUMANN? YOUR HONOR, I HERE ON BEHALF OF WATER VALLEY GARDENS LLC, WE'RE HERE FOR A CONDITIONAL SITE APPROVAL REGARDING THE PROPERTY LOCATED AT 6666 KIWANDA STATE ROAD. I BELIEVE THAT THE PUBLIC HEARING HAS ALREADY BEEN HAD, AND WE'RE JUST HERE TO FINALIZE THE SITE APPROVAL. OKAY. PLANNING DEPARTMENT. I'M SORRY. DO YOU HAVE ANYTHING ELSE TO OFFER? OKAY. PLANNING DEPARTMENT? YES, YOUR HONOR. OH, I JUST DEFAULTED. I'M SORRY. WHAT WAS THAT? HE CALLED YOU, YOUR HONOR. HE CALLED YOU YOUR HONOR. OH, I'M A LONG WAY FROM YOUR HONOR.IT'S PREPROGRAMED. I'M SORRY. YEAH, THAT'S ALL RIGHT. THAT'S OKAY. ARE YOU AN ATTORNEY? UNFORTUNATELY. OH, I AM, I AM. WELL, ALL RIGHT. YEAH. I'M FAR, FAR FROM YOUR HONOR, LET ME TELL YOU. OKAY. IT'S IT'S A FULL MOON. REMEMBER? WE TALKED ABOUT THIS EARLIER TODAY. DO YOU HAVE ANYTHING ELSE TO OFFER? IF YOU GUYS RECALL, I'D A PREVIOUS MEETING. WE HELD THE PUBLIC HEARING. WE TALKED ABOUT SOME DRAFT CONDITIONS. CONDITIONS WHICH YOU'LL SEE UPON APPROVAL. ONE OF THE BIGGEST ONES WAS OBVIOUSLY WE TALKED ABOUT THE DRIVEWAY ACCESS ISSUE. WE GOT SOME COMMENTS FROM THE EVEN THOUGH WE DIDN'T DO A COORDINATED REVIEW, WE SENT SOME COMMENTS TO DOT. WE'VE KIND OF TALKED AT LENGTH AT THE DIFFERENT OPTIONS.
WHAT YOU'LL SEE IS I DRAFTED SOME LANGUAGE IN THE CONDITIONS OF SITE PLAN APPROVAL THAT BASICALLY SAYS, SHOULD IT BE DETERMINED THAT THAT DOUBLE DRIVEWAY ACCESS IS NOT GOING TO BE PERMITTED BY THE NEW YORK STATE DOT, THAT THEY WILL HAVE TO COME BACK BEFORE THE PLANNING BOARD BECAUSE THEY'LL NEED TO HAVE AN ALTERNATIVE SITE PLAN. SO JUST PUTTING THAT LANGUAGE AND HAVING IT CODIFIED IN THE RESOLUTION, THAT KIND OF JUST SAYS, HEY, IF DOT WOW, THEY'RE GOING WITH CAMI. AND DOT DOES SAY THAT THAT SECOND DRIVER WILL NOT BE ALLOWED.
THEY'LL HAVE TO COME BACK TO THIS PLANNING BOARD. BUT HAVING IT IN THE RESOLUTION SAYING SO, AND THEN THE OTHER CONDITIONS ARE ARE PRETTY STANDARD ONES. AND THEN I ALWAYS LEFT THAT LAST ONE. OTHERS IN CASE THERE ARE ANY OTHER ONES THAT THIS BOARD WANTS TO ADD AT THIS TIME.
OKAY. CAMI, WHAT IS THE THE LETTER. THE ENGINEER LETTER DATE? 929. BOARD MEMBERS. DO YOU HAVE ANYTHING ELSE TO OFFER? MEMBER. CLARK. YEAH. BILL CLARK, ANY UPDATES FROM DOT? OUR ENGINEER IS CHRIS WOOD FROM CARMINA WOOD, AND HE HAS BEEN ON VACATION FOR THE PAST TWO WEEKS, AND HE HAS BEEN THE POINT OF CONTACT. SO WE'RE REALLY WAITING TO HEAR FROM HIM.
ALL RIGHT. WELL SHE'S BACK ON FRIDAY, SO. ANYBODY ELSE? THIS IS MEMBER SHIMURA. ARE WE GOING? THEIR THOUGHTS ON ADDING REFERENCE TO THE SITE PLAN DATED? DON'T WE TYPICALLY DO THAT AS OF RECENTLY? YES. WE HAVE ADDED DATA SITE PLAN. WE HAVE IT IN THE RESOLUTION. OH, YEAH. I'M JUST SAYING TYPICALLY WE HAVE. RIGHT. BUT I CAN'T REMEMBER EXACTLY HOW THAT'S NORMALLY STATED. SOMETIMES WE EITHER PUT IT AT THE END WHERE IT SAYS OR IT SAYS LIKE FOR EXAMPLE, LIGHTING SHALL BE SHIELDED AS SHOWN ON THE PLANS, DATED, WHATEVER THE DATE IS. OR WE CAN HAVE A SEPARATE RESOLUTION THAT JUST SAYS APPROVAL IS GRANTED UPON SITE
[00:35:05]
PLAN DATED LATEST DATE. I THINK YOU CAN PUT IT WITH THE LIGHTING. ARE YOU OKAY WITH THAT BOARD MEMBER? WELL, WHAT I MEAN, ARE WE SUPPOSED TO JUST BE ACCEPTING LIKE THE TOTAL, THE WHOLE SITE PLAN, NOT JUST THE LIGHTING OF THE SITE PLAN, RIGHT? I WAS. SOMEBODY TO INSTIGATE THE PREVIOUS TYPE OF LANGUAGE TO WORK OFF OF. SO NOW THEREFORE BE RESOLVED INSTEAD OF THIS PROJECT, SAY FOR THE SITE PLAN DATED. AND WHAT'S THE MOST RECENT SITE PLAN? YEAH. SO WHAT IS THE DATE OF THE SITE PLAN. WELL WHERE DO YOU WANT THE LANGUAGE TO GO BILL. SO SO THE NOW THEREFORE BE IT RESOLVED. SECOND LINE CONDITIONAL SITE PLAN APPROVAL FOR THIS PROJECT. TAKE OUT THIS PROJECT AND SAY SITE PLAN DATED. SEPTEMBER 6TH IS WHAT WAS IT'S KIND OF FUZZY. I'M TRYING TO BLOW UP THE BLOW UP. WELL. DO YOU HAVE IT? A NINE 18.50 18 NINE 1825. OH, NOPE. YEAH. I'M JUST GOING TO SAY THAT WAS ALL FINE. IT EVEN HAPPENS TO THE BEST OF ALL. CAN I ASK A QUESTION QUICKLY? SURE. SO JUST RELATED TO REMOVING THE SITE PLAN OR MOVING PROJECT REPLACEMENT SITE PLAN, I MEAN, OUR SITE PLAN, WE'RE KEEPING EXISTING BUILDINGS. WE'RE KEEPING EXISTING STRUCTURES, RIGHT? OUR PLAN IS TO KEEP EVERYTHING EXISTING AS MUCH AS POSSIBLE. SO WHAT DOES THAT HAVE IN STORE FOR US? I GUESS THE MAIN THING I'M ASKING IS, YOU KNOW, THIS I THINK IS OUR FOURTH TIME HERE, THIRD OR FOURTH TIME HERE, INCLUDING ZONING BOARD. AND SO IF WE WOULD LIKE TO COME BACK FOR THE CONTINGENCY, I'D PREFER TO DO IT AS A SINGLE EFFORT. YOU KNOW, THE PRIOR PROJECT, WHICH WAS APPROVED WAS LIKE A $3.5 MILLION PROJECT. WE'RE AT $200,000 PROJECT. SO THIS IS REALLY USING A LOT OF RESOURCES THAT, THAT, THAT WE DON'T HAVE. SO SO WE'RE PUTTING THE CURRENT SITE PLAN DATE ON THERE BECAUSE IN THE EVENT THAT MNDOT. NOT MDOT, THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION CHANGES ANYTHING, AND YOU HAVE TO COME BACK TO ENGINEERING THE SITE PLAN DATE WILL CHANGE TO BECAUSE IT WILL BE ALTERED. SO THEN WE'LL REFERENCE THAT DATE.THE REASON WHY WE PUT THE DATE OF THE SITE PLAN IS SO WHEN SOMEBODY GOES BACK 100 YEARS FROM NOW OR EVEN SIX MONTHS FROM NOW, IT'S ALL DULY DOCUMENTED ON WHAT IT WAS THAT THIS BOARD LOOKED AT TO MAKE THE CONVERSATION THAT USED, WHEN WE PUT IT, ALL THESE THINGS IN THE RESOLUTION, SO THEY KNOW THEY HAVE A POINT OF REFERENCE. SO WE PUT IT IN EVERY REFERENCE. WE PUT IT IN EVERY RESOLUTION ON A SITE PLAN. SO I GUESS IN REFERENCE MY QUESTION IF WE WOULD HAVE TO COME BACK HERE, WHICH I UNDERSTAND WE HAVE TO DO ALREADY, IS THERE A WAY WE CAN BUNDLE RIGHT, THE LANDSCAPING PLAN, WHICH IS IN THE PRIOR PROJECTS CONTINGENCY, WHICH I HAVE IN FRONT OF ME AS WELL? WELL, THE LANDSCAPING PLANS ON HERE, WELL, THE THE ONLY TIME YOU HAVE TO COME BACK IS THERE'S A CONDITION OF THIS APPROVAL THAT SHOULD DOT AS YOU'RE HAVING CONVERSATIONS WITH THEM. IF THAT SECOND DRIVEWAY, THEY SAY YOU CAN'T HAVE IT BECAUSE YOU'RE INTENDING WE'RE APPROVING A SITE PLAN CONTINGENT ON THAT SECOND DRIVEWAY HAVING ACCESS. IF DOT COMES BACK AND SAYS THAT SECOND DRIVEWAY IS NOT ALLOWED, WE HAVE A CONDITION SAYING, THEN YOU HAVE TO COME BACK TO THE PLANNING BOARD. IF THAT HAPPENS, IF DOT IS FINE WITH YOU HAVING THAT SECOND DRIVEWAY, THEN YOU JUST WORK WITH ENGINEERING. AND THEN FROM ENGINEERING YOU WORK WITH THE CODE ENFORCEMENT DEPARTMENT. OKAY. MAKES SENSE. YEAH. YOU DON'T HAVE TO COME BACK. YOU DON'T HAVE TO COME BACK UNTIL THEY MAKE A DECISION OR MAKE A CHANGE. IF THEY DON'T MAKE ANY CHANGE AND EVERYTHING'S ACCEPTED, THEN YOU'RE GOOD TO GO. SURE. SO I GUESS MY QUESTION THEN IS IF THEY DO MAKE A CHANGE, WHICH I PROBABLY ANTICIPATE, THEN YOU'LL HAVE TO GO BACK TO THE ENGINEERING DEPARTMENT, OKAY? AND THEN THEY'LL SEND IT BACK TO US OKAY OKAY. ALL RIGHT. SO IT DOESN'T IT DOESN'T TOTALLY SURE ABOUT THE EDIT WHERE WE'RE SAYING NOW WITH OUR APPROVAL OF THE SITE PLAN, I THINK IT SHOULD BE FOR THE. PROJECT. IS THERE JUST ANOTHER IS THERE ANOTHER WAY THAT WE HAVE REFERENCED THE SITE PLAN IN THE RESOLUTION? IT JUST DOESN'T THAT DOESN'T SEEM LIKE HOW IT'S BEEN DONE IN THE PAST. I'M TRYING TO FIND ANOTHER EXAMPLE. I'M SORRY. WELL, WHAT PART OF THE PROJECT'S NOT IN THE SITE PLAN, RIGHT? I GUESS THAT'S FINE. I NEED I DON'T I THINK THAT THIS IS I THINK WHAT WE SUGGESTED IS FINE. AND WE'VE ALREADY GOT THE LANDSCAPING PLAN IN WITH THE RESOLUTION, THE LIGHTING. I
[00:40:04]
MEAN, IT'S ALL COVERED. YEAH, I GUESS THAT'S FINE. DID WE EVER FIND OUT THE DATE? WHAT IS THE DATE? 13.5. I HAVE ONE THAT'S DATED NINE TWO. I DON'T KNOW IF THAT'S SO TO JOSH. THE ONE ON THE SHAREPOINT. IF I, IF I TRY AND ZOOM IN, IT GETS BLURRY. YEAH. DO WE HAVE THE PLANS HERE? I HAVE THE INITIAL SITE PLAN SUBMITTAL REQUIREMENTS HERE DATED AUGUST 1225. I'M NOT SURE IF THAT'S A. SO WHAT ABOUT THE PLAN DATED NINE TWO, BECAUSE THERE MIGHT HAVE BEEN A CHANGE.THE LATEST IPHONE I HAVE IS EIGHT 1325. OKAY, NOTHING'S CHANGED. THE APPLICATION PACKAGE. CAUSE YEAH, FROM THE ONE FROM EIGHT 1325 HASN'T CHANGED. I JUST SAW ONE THAT SAID NINE TWO RATS. WHERE'D IT GO? IN THE SHAREPOINT? IS THAT WHERE YOU'RE GETTING IT? BUT IT'S IN A DIFFERENT IT'S NOT. THE ONE LABELED SITE PLAN BY ITSELF. YEAH. IS THE IS THE FUZZY ONE THAT LOOKS LIKE YOU CAN'T READ IT, RIGHT? RIGHT. EIGHT 813 IT LOOKS LIKE. YEAH, BUT IN ONE OF THE OTHER PACKAGES OF DOCUMENTS, THERE'S THERE'S ALSO FINAL SITE PLAN APPLICATION APPLICATION PACKAGE. AND IN THAT ONE, THAT'S WHERE I THOUGHT I SAW A SITE PLAN THAT WAS DATED NINE TWO. AND THAT ONE I STILL SEE EIGHT 1325 YEAH, I KNOW I SAW NINE TWO. THAT'S THAT'S WHAT'S BOTHERING ME RIGHT NOW. I KNOW I SAW IT, SO GIVE ME A, GIVE ME A SECOND TO SEE WHAT WHAT IF. DOES THE APPLICANT HAVE ANYTHING WITH YOU WITH. I HAVE A COPY HERE OF THE INITIAL SITE PLAN REVIEW PROCESS AND OUR APPLICATION. AND AGAIN IT'S 813 812, 812.
THAT'S FINE. IT'S THE DATE OF THE APPLICATION. NOT THAT I HAVE HERE. I'M TRYING TO FIGURE OUT WHY WE WOULD HAVE A SECOND SITE PLAN, BECAUSE I DON'T REMEMBER SEEING A REVISED A DIFFERENT SITE PLAN. I SEE THAT IT SAYS NINE 225. YEAH. THIS IS IS THAT THE ONE WITH THE APPLICATION? OH, THERE'S A NEW SITE PLAN IN THE I THINK THAT'S THE IS THAT THE TRIP GENERATION LETTER? I'LL CLOSE THIS AND SEE WHAT I'M LOOKING AT. THAT WAS THE FINAL SITE PLAN APPLICATION PACKAGE. THAT'S WHY I'M IN. IT'S AND IT'S UNDER THE FIRST SECTION OF THAT. SO IF YOU IF YOU CLICK FINAL SITE PLAN PACKAGE RIGHT. AND THEN. I CAN'T READ THE DATE ON THAT THOUGH. I JUST HAD IT I JUST SHOWED IT TO YOU OKAY. WOW. THIS IS FRUSTRATING. OH YEAH.
THE THE SITE PLAN THAT'S DATED NINE 225 IS IN THE TRIP GENERATION LETTER, WHICH THEY SUBMITTED ON 916. BECAUSE IF YOU RECALL, THIS BOARD ASKED FOR THEM TO HAVE PISSARRO PRESENT ON SOME OF THAT ROAD INFRASTRUCTURE. SO CHRIS WOOD AND HIS TEAM UPDATED THE SITE PLAN FOR THAT. AND IT'S DATED NINE 225. THAT'S THE LATEST. THAT'S UNDER WHAT AGAIN, THE TRIP GENERATION. THE LAST ONE OKAY. GOT IT, GOT IT, GOT IT. YEP. THAT'S RIGHT. SO WE'VE GOT 9292 25. SORRY. NO YOU'RE GOOD. TRICKY. OKAY. ANY OTHER CHANGES. ANY OTHER QUESTIONS. ANY OTHER CLARIFICATIONS. JUST IN REGARDS TO CONTINGENCIES. IF FOR ANY REASON THEY'RE NOT MET. JUST TO CLARIFY, THE EXISTING SITE PLAN WOULD BE AMENDED. WE DON'T START THE ENTIRE PROCESS AGAIN.
CORRECT. SAY THAT AGAIN. IF A CONTINGENCY IS FOR SOME REASON NOT MET, THE EXISTING SITE PLAN JUST BECOMES AMENDED. THIS WOULDN'T START FROM THE BEGINNING. CORRECT IT A MODIFICATION FOR THE SITE. GRAB THE MIC. IT WOULD BE A MODIFICATION. YOU'RE GOING TO BE DEALING AT THAT POINT. YOU'D BE DEALING WITH THE ENGINEERING DEPARTMENT. CORRECT. SO SO FROM THE PROCESS PERSPECTIVE, SHOULD YOU GET PLANNING BOARD APPROVAL NEXT YOU GET FULL ENGINEERING REVIEW. SO WE GO THROUGH CARBONATE WOODS, FULL PLANS GRADING DRAINAGE. EVERYTHING GOES WITH THAT. AND WE GET THIRD PARTY APPROVAL. SO THAT'S WHERE YOU NEED THAT DOT SIGN OFF. SO THAT WILL HAVE TO BE ADDRESSED DURING ENGINEERING REVIEW. IF YOU MAKE A MODIFICATION TO AN APPROVED SITE PLAN, IT COMES TO ENGINEERING TO BE DETERMINED IF IT'S MINOR OR MAJOR. MINOR ITEMS CAN GET APPROVED JUST THROUGH ENGINEERING. MAJOR
[00:45:04]
ITEMS HAVE TO COME BACK FOR AN AMENDMENT TO YOUR APPROVAL. THANK YOU. THERE'S A QUESTION.CAN I ASK A QUESTION ON THAT? WOULD A CHANGE FROM HAVING TWO DRIVEWAYS TO ONE DRIVEWAY? THAT WOULD BE MAJOR. THAT IS A MAJOR ONE. YEAH. AND IT WAS IT WAS ALL DULY NOTED AT THE LAST MEETING, THE HEAVY DISCUSSION THAT WE HAD HERE, THE ROBUST DISCUSSION OR. IN REGARDS TO THE DRIVEWAYS AND HOW SOME FELT THAT WE WERE GOING TO HOLD UP THE PROJECT. INSTEAD, THIS IS THE RESOLUTION THAT WE HAVE. SO WE'RE NOT HOLDING UP THE PROJECT AND YOU CAN CONTINUE.
AND THEN WHATEVER HAPPENS, IT'LL GO TO ENGINEERING. AND THEN ENGINEERING WILL MAKE THE DECISION IF THEY'RE GOING TO SEND IT BACK TO US. BUT IF THERE'S A CHANGE, IT'S PROBABLY COMING BACK TO US. BUT YOU'RE GOING TO GO YOU'RE GOING TO DEAL WITH ENGINEERING. I JUST WANT TO MAKE IT CLEAR THAT ONE OF THE CONDITIONS OF THE SITE PLAN APPROVAL SPECIFICALLY SAYS, IF DOT DOES NOT APPROVE THAT TWO DRIVEWAY ACCESS, THAT IT'LL COME BACK TO THE PLANNING BOARD.
SO THAT'S ONE OF THE CONDITIONS. THAT'S NUMBER FIVE. SO IT'LL BE CODIFIED IN THE IN THE APPROVAL.
YEAH. JUST SO THEN JUST TO CLARIFY, WE'RE COMING BACK, STARTING ALL OVER AGAIN OR COMING BACK WITH A SINGLE AMENDMENT. JUST SORT OF A MINUTE SITE PLAN. IT WILL BE AN AMENDMENT TO EVERYTHING THAT YOU PRESENTED TO US. SO PUBLIC HEARING THERE'S NO PUBLIC HEARING. THERE'S NO NOTHING. IT'S JUST IT HAS TO COME BACK. WELL, FOR FOR A MINUTE, FOR AN AMENDED SITE PLAN, THERE WOULD NEED TO BE ANOTHER PUBLIC HEARING. SO THERE WOULD BE A PUBLIC HEARING. IT WOULD BE THE WHOLE PROCESS ALL OVER AGAIN, EXCEPT THAT YOU'RE NOT GOING TO HAVE TO SUBMIT DIFFERENT. IF SO, JUST TO CLARIFY, IF DOT DOES NOT APPROVE THAT SECOND DRIVEWAY, YOU WOULD HAVE TO WORK WITH CAMI ON THE ENGINEERING SIDE, BUT YOU WOULD COME BACK WHATEVER, BECAUSE YOU'D HAVE TO HAVE A NEW LAYOUT BECAUSE OBVIOUSLY YOU'D ONLY HAVE ONE DRIVEWAY. ONCE YOU HAVE THAT LAYOUT, YOU WOULD THEN COME BACK TO THIS PLANNING BOARD. WE WOULD HOLD ANOTHER PUBLIC HEARING BECAUSE IT'S A ESSENTIALLY A NEW PROJECT. AND THEN THIS BOARD WOULD POTENTIALLY APPROVE THAT NEW LAYOUT. SO YOU DON'T HAVE TO SUBMIT THE WHOLE SITE PLAN PACKAGE INFORMATION AGAIN, BUT YOU WOULD NEED A NEW SITE PLAN AND WE WOULD NEED TO DO A PUBLIC HEARING. IF THAT SECOND DRIVEWAY IS NOT APPROVED, WE WOULDN'T NEED AN EAF. SO THERE'S SOMETHING THEY COULD SKIP, RIGHT? SO A MINIMUM OF TWO MEETINGS. OH I CAN'T I CAN'T I'M NOT GOING DOWN THAT ROAD I CAN'T IT DEPENDS WHAT DOT SAYS. YEAH I DON'T HAVE A CRYSTAL BALL EVEN THOUGH. NEVER MIND I DON'T HAVE A CRYSTAL BALL I CAN'T I CAN'T GUARANTEE IT'S GOING TO BE ONE MEETING OR TWO MEETINGS. WE'LL TRY TO DO IT AS QUICK AS POSSIBLE. BUT FIRST THE DELAY. SO I JUST WANT YOU TO UNDERSTAND THAT WE'RE MOVING FORWARD SO YOU CAN MOVE FORWARD. AND THEN IF THERE'S A CHANGE, THERE'S A CHANGE, THERE'S NOTHING. THE OTHER OPTION IS THAT WE ALL WAIT. WE ALL SIT HERE AND WAIT FOR THE DEPARTMENT OF TRANSPORTATION TO COME BACK. AND THAT'S WHAT WE DIDN'T WANT TO DO FOR YOU. SO.
SO THAT'S WHY WE'RE DOING THESE STEPS. AND THAT'S WHY IT'S DULY NOTED IN THIS RESOLUTION. OKAY.
ANY OTHER QUESTIONS OKAY. AFTER ALL THAT, DO WE HAVE IT ALL WRITTEN OUT NOW. OKAY. WHO WOULD LIKE TO DO THE HONORS? I MAKE A MOTION TO ADOPT THE FOLLOWING RESOLUTION. NUMBER 6666 GOWANDA STATE ROAD SITE PLAN APPROVAL RESOLUTION. WHEREAS THE TOWN OF HAMBURG PLANNING BOARD DEPARTMENT RECEIVED A SITE PLAN APPLICATION FROM WATER VALLEY GARDENS LLC, INC. TO REDEVELOP A 0.72 ACRE PARCEL CONSISTING OF RENOVATION OF THE MAIN BUILDING FOR LOCAL ARTISAN GOOD RETAIL SPACE AND A SECOND FLOOR AIR BNB, AS WELL AS RENOVATION OF THE EXISTING GREENHOUSE FOR EVENT SPACE AT 6666 GOWANDA STATE 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 AND HAS RECEIVED INPUT FROM TOWN DEPARTMENTS AND OTHER AGENCIES, HAS RECEIVED ADDITIONAL INFORMATION. REPORTS FROM THE APPLICANT, AND PROVIDED INPUT TO THE APPLICANT THAT HAS RESULTED IN AMENDED PLANS ADDRESSING THE PLANNING BOARD'S CONCERNS AND WHEREAS, IN ACCORDANCE WITH PART 617 OF THE IMPLEMENTING REGULATIONS PERTAINING TO ARTICLE EIGHT, STATE ENVIRONMENTAL QUALITY REVIEW ACT, SEQRA OF THE ENVIRONMENTAL CONSERVATION LAW, THE TOWN OF HAMBURG PLANNING BOARD HAS DETERMINED THAT THE PROJECT IS A TYPE TWO ACTION, AND NO FURTHER ANALYSIS IS REQUIRED, AND WHEREAS THE PROJECT REQUIRED FIVE AREA VARIANCES FOR ALCOHOL SALES, PARKING SETBACKS AND DUMPSTER LOCATIONS, AND THOSE VARIANCES
[00:50:02]
WERE GRANTED BY THE HAMBURG ZONING BOARD OF APPEALS ON SEPTEMBER 2ND, 2025. NOW, THEREFORE, BE IT RESOLVED, THE TOWN OF HAMBURG PLANNING BOARD ISSUES CONDITIONAL SITE PLAN APPROVAL FOR THE SITE PLAN DATED SEPTEMBER 2ND, 2025, WITH THE FOLLOWING CONDITIONS ONE.APPROVAL IS CONTINGENT UPON THE ENGINEERING DEPARTMENT COMMENT LETTER DATED SEPTEMBER 29TH, 2025 TWO. THE FINAL LANDSCAPE PLAN WILL BE APPROVED BY THE PLANNING DEPARTMENT. THREE LIGHTING SHALL BE SHIELDED AND DARK SKY COMPLIANT AS SHOWN ON THE PLANS. FOUR SIDEWALKS ARE WAVED AS THEY ARE ALREADY EXIST ON GOWANDA STATE ROAD FIVE. SHOULD IT BE DETERMINED THAT THE DOUBLE DRIVEWAY ACCESS AS SHOWN ON THE SITE PLAN WILL NOT BE PERMITTED BY THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION, THE APPLICANT WILL HAVE TO RETURN TO THE PLANNING BOARD FOR SITE PLAN. APPROVAL OF AN ALTERNATIVE SITE PLAN. IS THERE A SECOND SECOND IT IT'S BEEN MOVED BY MEMBER SHIMURA, SECOND BY MEMBER RYAN. ALL THOSE IN FAVOR? I. YOUR RESOLUTION HAS PASSED AND YOU MAY PROCEED TO GO. THANK YOU. GOOD LUCK. OKAY. OUR NEXT CASE
[3. Corey Tyger – Requesting Site Plan Approval of a pole barn for storage purposes on a merged parcel at 6722 Southwestern Boulevard]
IS COREY TIGER. REQUESTING SITE PLAN APPROVAL OF A POLE BARN FOR STORAGE PURPOSES ON EMERGED PARCEL AT 6722 SOUTHWESTERN BOULEVARD. THE APPLICANT IS LOOKING TO DO. THE PROJECT WAS NOT ZONED CORRECTLY, AND THE APPLICANT CAME TO CODE REVIEW FOR REZONING. WE BOARD MEMBERS, IF YOU REMEMBER THIS, WAS FINALLY ZONED TO AG AGRICULTURAL DISTRICT AND HE HE RECEIVED THE REZONING APPROVAL BACK IN JUNE. AND NOW HE'S BACK. WELL, HE'S BACK WITH COMPANY.SO YOU GUYS MAY PROCEED. GOOD EVENING AGAIN. THIS IS DOUG PHASE WITH CARMINA WOOD DESIGN, WHERE THE SITE CIVIL ENGINEER, AS THE CHAIRWOMAN STATED, WE'RE HERE FOR PRELIMINARY OR REQUESTING SITE PLAN APPROVAL FOR THE POLE BARN AT 6722 SOUTHWESTERN BOULEVARD. AND WE'RE HAPPY TO ANSWER ANY QUESTIONS THE BOARD MAY HAVE THIS EVENING. OKAY. COREY, DO YOU HAVE ANYTHING ELSE TO ANSWER? THERE WERE SOME QUESTIONS ABOUT THE WETLANDS AND. PRELIMINARY OR WHATEVER YOU GUYS WANTED. YEAH, I CAN SPEAK TO THAT POINT. OKAY.
PLANNING PLANNING DEPARTMENT. SO THIS IS ANOTHER PROJECT THAT'S HAD A LONG HISTORY.
COREY'S. COREY'S PROJECT OR PARCEL IS OFFICIALLY ZONED AG. SO THAT HAS BEEN COMPLETED. AS YOU GUYS RECALL, MEMBERS OF THIS BOARD ASKED FOR WETLANDS OVERLAYS BECAUSE WHEN WE SENT THIS PROJECT TO DEC, THEY CAME BACK IN THE COORDINATED REVIEW WITH SOME CONCERNS ABOUT WETLANDS. COREY HAS SINCE GOTTEN LABELLA ASSOCIATES TO PERFORM A WETLAND DELINEATION.
I ACTUALLY SENT THAT DELINEATION TO THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION.
THOSE WETLANDS ARE NOW OVERLAID ON THE SITE PLAN. ANOTHER REQUEST THAT THIS BOARD HAD WAS AN OFFICIAL SITE PLAN THAT HAS THOSE WETLANDS OVERLAID TO SHOW ANY MITIGATIONS, IF NEED BE, AND AVOIDANCE OF WETLANDS. SO NOW YOU'LL SEE THAT ON THE SITE PLAN. WHAT THEY'RE HERE FOR TONIGHT IS WE STILL NEED TO SCHEDULE A PUBLIC HEARING FOR THIS PROJECT, BUT THEY NOW HAVE AN OFFICIAL SITE PLAN THAT NOW HAS THAT WETLANDS OVERLAY AFTER GOING THROUGH THAT PROCESS. SO IF THIS BOARD IS COMFORTABLE, THEY CAN SCHEDULE THAT PUBLIC HEARING FOR THE 15TH. AND IF THERE ARE NO OTHER FURTHER QUESTIONS YOU CAN APPROVE OR AUTHORIZE DRAFT APPROVAL RESOLUTIONS FOR THE SAME NIGHT AS WELL. SO BOARD MEMBERS, MEMBER CLARK, IF I'M LOOKING AT THAT CORRECTLY, IS THAT SHOWING THAT IT'S NOT DISTURBING ANY WETLANDS? THAT IS CORRECT.
MEMBER SHIMURA WHAT IS THE PROPOSED PROPERTY LINE THAT ZIGZAGGING. SO THERE WILL BE ON THE SAME PIECE OF PROPERTY. SO IF YOU GUYS RECALL THERE, THESE WERE TWO SEPARATE PARCELS. THEY WERE THEN MERGED FOR THE REZONING. SO NOW SIX SEVEN, TWO TWO WILL HAVE A NEW SBL NUMBER.
AND THE NEW TAX ROLL FOR ERIE COUNTY IN 26. BUT COMING DOWN THE PIPELINE THIS PARCEL WILL BE AT OR AN APPLICANT WILL BE ASKING FOR A SUBDIVISION OF THIS PARCEL ON THE OCTOBER 15TH MEETING. AND I BELIEVE THIS SITE PLAN DOES SHOW WITH THAT PROPOSED SUBDIVISION WOULD LOOK LIKE. AND IN THAT SUBDIVISION, THERE WAS GOING TO BE A USER WHO WOULD BE LOOKING TO DO A PROJECT ON THE PIECE THAT WOULD BE SUBDIVIDED FROM THIS PARCEL. THEY WILL BE. THEY'VE ALREADY
[00:55:03]
SUBMITTED AN APPLICATION TO ME FOR THE OCTOBER 15TH MEETING, BUT THEY'RE JUST SHOWING THAT SUBDIVISION ON THIS PLAN AS WELL, SO THAT YOU CAN KIND OF ORIENT YOURSELF WHEN THAT DOES COME DOWN THE PIPELINE. SO WHEN WE PUT THEM TOGETHER AND NOW THEY'RE GOING TO BE DIVIDED AGAIN, ESSENTIALLY, YES, YES. AND WHAT COREY YOU GOTTA USE THE MIC CUZ THEY GOTTA HEAR YOU.THEY WANTED YOU TO SEE THAT BECAUSE IT'S GOT A WHEN WE SAT DOWN WITH I FORGET WHO IT WAS JEFF, JEFF, NITA HE 350 FOOT FRONT OF BUILDING. THAT'S WHY THE BUILDINGS PUT WHERE IT'S PUT. AND THERE'S. THERE WAS A WHOLE MEETING ABOUT IT. YEAH. SO TO KIND OF TALK ABOUT THAT MEETING. SO LIKE I SAID, THERE'S GOING TO BE AN APPLICATION BEFORE THIS BOARD FOR OCTOBER 15TH FOR SUBDIVISION AND FUTURE SITE PLAN APPROVAL FOR A BUILDING THAT WILL BE ON THE SUBDIVIDED PIECE. BECAUSE COREY IS NOT ONLY ZONED AG, HE'S ALSO IN THE LAKEVIEW OVERLAY DISTRICT, WHICH REQUIRES 25% ADDITIONAL TO AN EXISTING SETBACKS. SO TO HIS POINT, HE CAME IN AND THE OTHER APPLICANT WILL BE DOING THE SUBDIVISION, CAME IN AND MET WITH JEFF AND MYSELF. AND BECAUSE OF THAT 25% INCREASE IN OVERLAY BECAUSE OF THE LAKEVIEW OVERLAY DISTRICT, IT WAS REALLY TIGHT. AND THEY HAD TO BE VERY SPECIFIC ON HOW THEY'RE GOING TO DO THAT SUBDIVISION AND HOW THE BUILDING WILL FIT ONTO THE PARCEL, AND HOW IT'S SHOWN IS LITERALLY ONE OF THE ONLY WAYS IT'LL FIT, NOT ONLY WITH THE SUBDIVISION, BUT WITH THE BUILDING ITSELF. SO THAT'S WHY IT'S ORIENTED THE WAY THAT YOU SEE IT AND WHAT'S GOING TO BE THE OTHER THE OTHER PROJECT, LIKE ANOTHER STORAGE KIND OF BUILDING FOR OUR LANDSCAPING BUSINESS. OKAY. BUT OBVIOUSLY THE INTENT OF THIS MEETING IS FOR COREY'S SIDE. THEY JUST WANTED TO SHOW WHAT THAT SUBDIVISION WILL LOOK LIKE, JUST SO THAT THERE'S NO QUESTIONS IN THE FUTURE. BOARD MEMBERS, ANYTHING. SO WE ALREADY HAD THE PUBLIC HEARING ON THIS, CORRECT? NO, WE HAVEN'T, WE HAVE. WE'RE WAITING FOR THE WETLANDS. SO WE HAVE TO SCHEDULE ONE STILL. ALL RIGHT. OKAY. SO IF NO ONE HAS ANY OTHER QUESTIONS FROM THE BOARD, THEN WE CAN GO AHEAD AND SCHEDULE THE PUBLIC HEARING FOR THE 15TH. HOW MANY CASES DO WE HAVE FOR THE 15TH? RIGHT NOW? SIX. BUT I INCLUDED THIS ONE IN THERE EXPECTING IT TO BE TABLED ALREADY. PART OF THE IT'S ALREADY PART OF THE SIX. OKAY. ARE YOU ALSO AUTHORIZING DRAFT APPROVAL RESOLUTIONS FOR CONSIDERATION. YES I AM OKAY. OKAY. I JUST HAVE ONE QUESTION FOR CAMI WITH THE THE NEW I GUESS IT'S NOT PAVED THE GRAVEL DRIVEWAY. HOW ARE YOU END UP LOOKING TO SEE LIKE WHAT THE DRAINAGE ENDS UP HAPPENING ALONG THE EDGE THAT THEN BORDERS OR IS IN LINE WITH THE WETLANDS. SO DURING ENGINEERING APPROVAL, WE WOULD HAVE TO REVIEW FULL GRADING AND DRAINAGE PLANS FOR HOW THAT'S GOING TO BE HANDLED, BECAUSE IT IS A LARGER BUILDING AND IT IS ADDITIONAL GRAVEL AREA. BUT ALSO THE BIG CONCERN ON DRAINAGE IS GOING TO BE THIS IS SOUTHWESTERN, THIS IS ANOTHER DOT ROAD. IT'S THEIR DRAINAGE SYSTEM. IT'S NOT THE TOWN'S DRAINAGE SYSTEM. SO THEY ARE GOING TO NEED CONCURRENCE WITH FROM THE DOT THAT THIS PROJECT IS GOOD TO MOVE FORWARD. SO YES, WE WILL LOOK AT GRADING AND DRAINAGE TO SEE THEY ARE ALLOWED TO TO DRAIN TO WETLANDS. THEY ARE WET. SO THEY ARE OBVIOUSLY WHERE OFTEN LOW AREAS WHERE A LOT OF DRAINAGE DOES RUN OFF TO IT. IT WOULD JUST BE A QUESTION OF WHAT, HOW MUCH OF IT AND WHAT IS GOING WHERE. SO WE WOULD LOOK AT THAT FURTHER.
ONCE WE HAVE FULL ENGINEERING DESIGN AND THEN THAT CATCH BASIN THAT IS ALONG SOUTHWESTERN, IS THAT EXISTING? IT APPEARS TO BE. IT IS. IT'S FROM THE SURVEY. IT'S ALREADY THERE. SO THAT APPEARS TO BE IN THE RIGHT OF WAY AS WELL. SO JUST ON THE RIGHT. SO OBVIOUSLY WE WOULD WANT TO KNOW WHAT THE DRAINAGE SYSTEM IS SO THAT WE KNOW WHAT IT'S CONNECTING TO.
AND OBVIOUSLY THE DOT WILL WANT TO KNOW AS WELL IF THAT'S IF THAT'S THEIR CATCH BASIN OR IF THAT'S A CATCH BASIN THAT THEN BRANCHES INTO THEIR SYSTEM OR WHAT THE SITUATION IS THERE.
AND THEN ALSO THERE'S THE CORNER THAT'S WITHIN THAT 30 FOOT SIDE SETBACK. THAT'S ONLY 20FT. I DON'T HAVE A PROBLEM WITH IT. JUST NOTING THAT IT IS WITHIN THE SETBACK. I BELIEVE
[01:00:02]
THAT'S A BUILDING SETBACK, BUT THAT'S. THE SETBACK OKAY. TYPICALLY IT'S FOR BUILDINGS, TYPICALLY PARKING LOTS. THEY DON'T CARE. IT DOESN'T MATTER MUCH FURTHER, BUT I DON'T WANT TO SPEAK FOR CODE. CODE THE CODE AND BUILDING INSPECTION. BUT IT WOULD NOT BE THE FIRST PARKING LOT TO ENCROACH INTO A SETBACK. TYPICALLY IT'S FOR THE BUILDING ITSELF. OTHER SIDE IS TEN. OKAY. NOTHING FURTHER. OKAY, GO AHEAD AND SET THE PUBLIC HEARING AND YOU CAN DO THE DRAFT RESOLUTIONS. AND WE'LL SEE YOU GUYS BACK ON THE 15TH OF OCTOBER. GREAT. THANK YOU SO MUCH. YOU'RE WELCOME. I KNOW THAT I TOLD YOU THAT OUR FOURTH CASE, FOURTH AND FINAL CASE, THE THREE FIVE, FIVE SIX LAKESHORE DEVELOPMENT IS. ON A PERMANENT INDEFINITE POSTPONEMENT. BUT I JUST WANT TO CLARIFY IN THE AGENDA, IN THE AGENDA AND IN THE MINUTES OR IN THE MEMO, IT IS INCORRECTLY STATED TOWNHOMES AND CONDOS. AND I WANT IT ON THE RECORD THAT IT'S JUST CONDOS AND WE'RE GOING TO CORRECT THAT. SO FOR THE RECORD, IT'S JUST CONDOS. THERE ARE NO TOWNHOMES. THERE'S BEEN EXTENSIVE DISCUSSION ON THAT.AND I JUST WANTED ON THE RECORD IN THE NEXT TIME THAT COMES OUT ON OUR MEMO AND ON THE AGENDA, THERE CAN'T BE ANY TOWNHOMES IN THERE. OKAY. SEEING THAT. I'M LOOKING FOR A MOTION. OKAY. I MAKE A MOTION TO ADJOURN. IS THERE A SECOND? I SECOND BRIAN SECONDS. MEMBERS. MEMBER.
SHIMURA MOTIONS FOR THE ADJOURNMENT. MEMBER STEWART SECONDED. ALL THOSE IN
* This transcript was compiled from uncorrected Closed Captioning.