TO WORK. OH, THERE WE GO THEN. NO, THIS WAS ON. OKAY. ALL RIGHT. OKAY, SO OUR PLANNER,
[00:00:07]
JOSH ROGERS, IS RUNNING A LITTLE BIT LATE. HE'S CAUGHT IN TRAFFIC. AND I'M GOING TO GO AHEAD AND CALL THE MEETING TO ORDER FOR DECEMBER 3RD. AND ASK EVERYBODY TO 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 MEMBERS. WOULD YOU PLEASE CALL THE ROLL? WILLIAM CLERK HERE. CAITLIN SHIMURA HERE. AUGIE GERACI HERE. CINDY GRANICHEN PRESENT. CAITLIN MCCORMICK HERE. KIM RYAN HERE. BRIAN STEWART HERE. THANK YOU. SO WE'RE GOING TO START THE WORK SESSION WITH A[1. Public Hearing – 7:00 P.M., The Oaks at South Park – Requesting amended Site Plan Approval for the removal of a portion of a fence from a previously approved site plan]
PUBLIC HEARING FOR THE NOTICE, THE PLANNING BOARD TO DISCUSS. SORRY, A PUBLIC HEARING FOR THE OAKS OF SOUTH PARK REQUESTING THE PLANNING BOARD INPUT ON THE REMOVAL OF A PORTION OF A FENCE FROM A PREVIOUSLY APPROVED SITE PLAN. IS THE APPLICANT HERE? WOULD YOU LIKE TO COME? DO YOU HAVE REPRESENTATION OR. YES. OKAY. SO IF YOU JUST WANT TO COME UP AND EXPLAIN AS A RECAP BEFORE WE START THE PUBLIC HEARING. GRAB THE MICROPHONE, STATE YOUR NAME. AND YOU HAVE TO TALK INTO THE MIC. BECAUSE LAST WEEK WE HAD IS THAT MIKE ON. IS IT ON. GOT THE GREEN LIGHT CHECK OKAY THERE YOU GO. SO STATE YOUR NAME AND BUT YOU GOTTA TALK RIGHT INTO THE MIC.OTHERWISE WE WON'T HEAR YOU. MY NAME IS JOHN BARNIAK WITH CARMINA WOOD DESIGN. I'M HERE WITH MR. TONY CUTAIA WITH THE OAKS. WE WE PRESENTED THIS PROJECT AT THE PREVIOUS WORK SESSION. WE ARE SEEKING A MODIFICATION TO THE PREVIOUSLY APPROVED SITE PLAN. THE PREVIOUS PLAN INCLUDED A BOARD ON BOARD FENCE TO BE INSTALLED ALONG THE EXISTING VEGETATION LINE ON THE NORTH SIDE OF THE SITE, INSTALLED FROM BUILDING B TO BAYVIEW ROAD. WE ARE NOW PROPOSING TO ONLY INSTALL 96FT OF FENCE BEHIND BUILDING B, AND WE BELIEVE THAT THE VEGETATION ALONG THE NORTH PROPERTY LINE IS SUFFICIENT AND PROVIDES SCREENING BETWEEN THE RESIDENTIAL PROPERTIES TO THE NORTH. I THINK THAT'S THAT'S ABOUT ALL WE DISCUSSED AT THE WORK SESSION. AND TURN IT OVER TO YOU. OKAY. THANK YOU. WELL, JOSH WALKED IN JUST AT THE NICK OF TIME SO WE CAN GET HIM TO BRING UP THE SCREEN AND THEN WE CAN START THE. START THE PUBLIC HEARING. DO YOU WANT TO READ THE NOTICE? 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 THE PROPOSAL FOR AMENDED SITE PLAN APPROVAL FOR FENCE REMOVAL FOR THE OAKS AT SOUTH PARK AT 5138 SOUTH PARK AVENUE. THE PUBLIC HEARING WILL BE HELD ON DECEMBER 3RD, 2025 AT 7:00 PM IN ROOM SEVEN A, SEVEN B OF HAMBURG TOWN HALL. THIS IS FOR THE AUDIENCE. A PUBLIC HEARING IS AN OPPORTUNITY FOR THE COMMUNITY TO SHARE INFORMATION ON HOW THEY 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'S UNTO THE PLANNING DEPARTMENT, ARE REVIEWED BY THE PLANNING BOARD AS WELL AS THE APPLICANT. GOOD MORNING OR GOOD EVENING, MISTER ROGERS. SORRY. JOSH, HOW ARE YOU DOING? ALL RIGHT, SO I DON'T KNOW IF YOU HAVE ANYTHING MORE TO ADD TO THIS BEFORE WE GET STARTED. THE ONLY THING THAT I'LL ADD IS THAT I DID RECEIVE TWO LETTERS FROM NEIGHBORS AT TWILIGHT LANE. YOU ALL SHOULD HAVE COPIES IN FRONT OF YOU. ONE IS A SCANNED COPY OF A LETTER THAT A WOMAN EMAILED TO MY OFFICE, AND ANOTHER ONE IS ONE THAT SOMEBODY SHARED. THEY AREN'T ABLE TO BE PART OF THE PUBLIC HEARING TONIGHT, BUT THEY WANTED THEIR COMMENTS TO BE HEARD. SO I SHARED THEM WITH THE BOARD AND THEY'RE ALSO IN THE THE FOLDER. SO THEY ARE A PART OF THE RECORD. OKAY. THANK YOU. WITH THAT, WE WILL GO AHEAD AND ASK IF THERE'S ANYONE. I'LL OPEN THE PUBLIC HEARING AND ASK IF THERE'S ANYONE IN THE AUDIENCE THAT WISHES TO MAKE A COMMENT ON THIS CASE.
[00:05:02]
COME ON UP, STATE YOUR NAME, SPELL THE LAST NAME AND MAKE SURE YOU TALK INTO THE MIC.FRANCIS OSIER I LIVE IN MCKINNEY PARKWAY. I'M THE PROPERTY. THERE'S OAKS IS FLOODING. CURRENTLY THE MAJOR, MAJOR, MAJOR WATER ISSUES. I WONDER WHY THEY'RE GOING TO REMOVE A FENCE. IT MAKES NO SENSE TO ME. THEY'RE ALREADY FLOODING ME. SO IT'S OKAY. WELL, THIS IS ON. THIS IS NOT ON MCKINLEY PARKWAY. RIGHT? THE WATER THAT THEY THEY THEY DIVERTED TO THOSE FAKE DETENTION PONDS, IT GOES RIGHT ALONGSIDE OF IT DOESN'T GO IN IT. I GOT VIDEOS OF IT. THEY GOT TWO PONDS AND THEY GOT WATER RUNNING DOWN THE SIDE OF IT. THEY JUST PUT ALL TREES IN THERE. NOW RUNS RIGHT ACROSS BAYVIEW ROAD AND UNDERNEATH IT, AND THEN GOES INTO A WETLAND AREA AND THEN FLOODS. LORD, I MEAN MILLIONS OF I MEAN IT'S LIKE PRESSURE, HIGH PRESSURE WASH. SO JUST FOR CLARIFICATION, THIS IS FOR THE OAKS OF SOUTH PARK, AN APARTMENT HOUSING COMPLEX. WE'RE NOT REMOVING A FENCE, SO WE'RE NOT THIS IS NOT A IT'S NOT ABOUT REMOVING A FENCE TONIGHT. WHAT ARE YOU GUYS PLANNING? PLANNING PLOT.
PRELIMINARY. NO, IT'S ALL BUILT. THE THIS SECTION. THIS IS IF YOU SEE THE PICTURE UP THERE.
YEAH, I KNOW WHAT IT IS. THAT THAT PROPERTY WITH THOSE DETENTION PONDS THAT THEY HAVE THERE, THEY CALL THEM WHERE THE FENCES, THAT WATER. RIGHT. THE THE WATER RUNS DOWN INTO THIS.
THERE'S TWO RETENTION PONDS ON BAYVIEW ROAD THAT BACK UP TO WHERE THE THE OAKS ARE. OKAY.
OKAY. WELL THAT WATER THAT THOSE, THOSE PONDS ARE THEY DO NOTHING. SEE ALONG THE SIDE HERE WHERE THE TREES ARE, WHERE THAT PATHWAY IS RIGHT THERE, THE WATER, SOME OF IT GOES IN THE POND, BUT THEN IT GOES RIGHT BACK OUT BECAUSE THEY GOT THEY GOT CATCH BASINS REAL LOW.
SO THE WATER NEVER GOES UP. IT JUST GOES, GOES, GOES UP UNDERNEATH BAYVIEW AND THE OTHER HALF RUNS DOWN ALONG THOSE TREES ALL THE WAY UP THE BAY INTO THAT DITCH AND THEN CROSSES OVER AND ALL THAT. I MEAN, THERE'S MILLIONS OF GALLONS OF WATER JUST DUMPING ON MY PROPERTY. THEY GOT PIPE DIRECTING IT THAT WAY. THEN IT FOLLOWS THE WETLAND, GOES ACROSS THE THE PART WHERE I GUESS THE GUY. JOHNSON, CAN YOU GET BACK TO THE MIC SO WE CAN PICK THAT UP, PLEASE? THE GENTLEMAN BY THE NAME OF JOHNSON, HE OWNS THE THE RESTAURANT UP THERE ON ROUTE FIVE. JOHNSON'S LANDING IS BUILDING A HOUSE NOW. HE JUST INSTALLED 40 INCH CULVERT BECAUSE THE WATER WAS FLOODING HIM. AND NOW THAT 40 INCH CULVERT IS FILLING UP WITH WATER AND DUMPING INTO MY PROPERTY. AND I'M UPHILL. OKAY, GOING OVER ANOTHER PIECE OF PROPERTY AND THEN WIPING OUT MY TREES THE OTHER SIDE. SO I THINK WHAT I'M GOING TO DO, BECAUSE WHAT'S IN FRONT OF US HAS NOTHING TO DO WITH THE DRAINAGE, AND THAT WOULD BE OUR END. HANG ON. LET ME FINISH. OKAY, I UNDERSTAND YOU HAVE A CONCERN AND THAT YOU FEEL THAT YOU HAVE A PROBLEM, BUT I CAN'T HELP YOU. AND I WANT TO DIRECT YOU WITH THE PEOPLE THAT CAN. THAT'S WHAT I'M TRYING TO DO. SO I THINK, I MEAN, I'VE BEEN COMPLAINING. WE'VE GOT TWO, THREE SUPERVISORS NOW, AND EVERY TIME WE GET IT READY TO GO, OH, WE'LL FIX IT. AND THAT PERSON ALL OF A SUDDEN GETS A JOB AT THE COUNTY AND DISAPPEARS. OKAY. SO IS THIS SOMETHING THAT I WOULD SEND HIM TO YOU TO TALK TO? I HAVE ALREADY SPOKEN TO HIM. HE'S BEEN WORKING WITH THE ENGINEERING DEPARTMENT FOR YEARS. YEAH, THERE'S JUST SOME DISAGREEMENT ON. ON WHAT THE THE END RESULT IS. OKAY. YOU GUYS OFFERED US PIPING AND I WAS GOING TO DO THE WORK MYSELF TO FIX IT. THAT NEVER HAPPENED.
OKAY. BUT AGAIN, THIS IS NOT THE PLACE TO HAVE THIS DISCUSSION BECAUSE THAT'S NOT WHAT'S IN FRONT OF US TONIGHT. THAT FENCE THEY'RE TALKING ABOUT RUNS ALONG THE EDGE.
WE'RE NOT TOUCHING A FENCE. THAT'S WHAT I'M TRYING TO TELL YOU. WE HAVE NOTHING TO DO WITH THAT FENCE. THAT'S NOT WHAT THIS IS ABOUT. THIS IS ABOUT A FENCE THAT WAS SUPPOSED TO BE CONSTRUCTED, AND IT HAS NOT YET BEEN CONSTRUCTED. OH, SO IT HAS NOTHING TO DO WITH THAT PART OF IT. I'M GOING TO SEND YOU BACK TO THE ENGINEERING DEPARTMENT BECAUSE THIS BOARD HAS IT'S NOT IN OUR JURISDICTION TO HELP YOU. YOU EXACT WORDS. OKAY. IS THERE ANYONE ELSE THAT WISHES TO ADDRESS THE BOARD IN REGARDS TO THIS? GOOD EVENING. MY NAME IS. EXCUSE ME, SIR. SIR, SIR, I'M ADDRESSING YOU. PLEASE DO NOT DISRUPT THIS MEETING. GOT IT? YES. OR I WILL ASK YOU TO LEAVE.
OKAY. I'M SORRY ABOUT THAT. GO AHEAD. IT'S QUITE ALL RIGHT. MY NAME IS SHELLEY SALMON. S A L M O N. JUST LIKE THE FISH I LIVE ON. TWILIGHT. AND YOU'RE TALKING ABOUT REDUCING THE AMOUNT OF FENCE. FIRST OF ALL, IN THE NEAR THE CUL DE SAC AT THE END OF TWILIGHT, THERE IS NO FENCE PUT UP, SO THERE HAS NOT BEEN A FENCE CONSTRUCTED. THE BOARD AND BOARD FENCE? THAT'S CORRECT. SO THERE IS A STRAIGHT VIEW FROM THE CUL DE SAC RIGHT TO THE APARTMENTS.
[00:10:05]
AND I THINK MAY, MAY 19TH THERE WAS A LETTER SENT THAT THAT IT WAS GOING TO BE CONSTRUCTED. IT HASN'T. ALSO THERE WAS A PROMISE OF A BERM DOWN TOWARDS WHERE TWILIGHT AND BAYVIEW COME IN, AND THAT BERM HAS NOT BEEN BUILT AT ALL. THERE IS SOME VEGETATION THAT DOES BLOCK SOME OF THE VIEW, BUT NOT ENOUGH TO REALLY BLOCK. SO IN THIS PICTURE. DO YOU WANT ME TO APPROACH IT OR CAN I APPROACH IT? WELL I'M GOING TO HAVE JOSH RUN IT AND THEN STOP IT RIGHT THERE PLEASE. JOSH SO CAN WE I GUESS MAYBE WE NEED GOOGLE EARTH TO LOOK AT THE HOUSES ON TWILIGHT. IS THAT POSSIBLE? OKAY, OKAY. JOSH, CAN YOU PUT THE OTHER SCREEN UP AS WELL SO THE AUDIENCE CAN SEE IT? IS THAT POSSIBLE PLEASE. OKAY. IS THAT. OKAY? JUST SO WE HAVE THE AREA I UNDERSTAND I DON'T WANT THIS. LIKE I SAID, THIS IS NOT A QUESTION AND ANSWER PERIOD.WE I WANT TO GET A CLARIFICATION. I WANT EVERYBODY TO SEE WHAT'S GOING ON. THERE'S NO FENCE UP THERE. YOU'RE HERE TONIGHT TO DISCUSS THE FENCE, IF IT SHOULD BE PUT UP OR IF IT SHOULDN'T. THAT'S WHAT IS THE DISCUSSION TONIGHT. OKAY. FROM WHAT THEY SAID EARLIER, I THOUGHT THE DISCUSSION WAS THAT YOU'RE GOING TO MAKE THE FENCE EVEN SHORTER AND THERE IS NO FENCE CURRENTLY. SO TO HAVE IT BE SHORTER, 96FT OF FENCE IS NOT A LOT. I DON'T THINK 96FT OF FENCE IS GOING TO GIVE THE PRIVACY THAT IS DESIRED. OKAY. THANK YOU. IS THERE ANYTHING ELSE THAT YOU WANTED TO ADD? JUST THE FACT THAT THE BERM AND THE FENCE HAVE NOT BEEN PUT UP.
AND TO ELIMINATE SOME OF THE FENCING IS GOING TO MAKE THE PRIVACY ISSUE EVEN WORSE. OKAY.
THANK YOU, THANK YOU. IS THERE ANYONE ELSE THAT WISHES TO ADDRESS THIS SPEAK AT THIS PUBLIC HEARING. SO AGAIN WE'RE LOOKING FOR COMMENTS ON THE OAKS AT SOUTH PARK REQUESTING PLANNING BOARD INPUT ON THE REMOVAL OF A PORTION OF THE FENCE THAT WAS PREVIOUSLY APPROVED FROM THE SITE PLAN, BUT HAS NOT YET BEEN INSTALLED. THAT'S WHAT WE'RE DISCUSSING HERE THIS EVENING. AND THAT'S WHAT THE LETTERS ARE. IS THERE ANYONE ELSE IN THE AUDIENCE? GOOD EVENING. I'M ROSALIE DE LEO D E L I O. WE LIVE AT 4273, WHICH IS THE FARTHEST POINT IN THE CUL DE SAC. AND AS THE PREVIOUS WOMAN STATED, THERE IS NO FENCE. WE UNDERSTAND, YOU KNOW THAT. BUT WE ARE NOT UNDERSTANDING IF A FENCE IS GOING IN AND IT IS GOING TO BE SHORTENED, WHERE IS THAT FENCE GOING TO BE? I DIDN'T UNDERSTAND WHAT YOU WERE SAYING OR YOU KNOW, WHERE IS THE FENCE GOING IN, BECAUSE WE ARE DIRECTLY BEHIND BUILDINGS A AND B AND THERE ARE NO TREES. THERE ARE JUST WEEDS BETWEEN OUR PROPERTIES. AND IT IS REALLY NOT PRIVATE AT ALL ANYMORE. THANK YOU. OKAY. THANK YOU. IS THERE ANYONE ELSE? SECOND CALL FOR THE PUBLIC HEARING FOR THE OAKS OF SOUTH PARK? THIRD AND FINAL CALL FOR THE OAKS OF SOUTH PARK. PUBLIC HEARING. I'M GOING TO CLOSE THE PUBLIC HEARING. AND I THINK THAT MAYBE THE APPLICANT NEEDS TO COME BACK UP AND EXPLAIN THOROUGHLY WHAT IT IS THAT YOU'RE LOOKING TO DO, BECAUSE EVIDENTLY, THERE'S A LOT OF CONFUSION, AND I DON'T LIKE IT WHEN THE RESIDENTS ARE CONFUSED. SO. IF YOU CAN CLARIFY, EVIDENTLY THE WHAT WAS DISCUSSED AT THE WORK SESSION, THE RESIDENTS WEREN'T HERE AND SO THEY DON'T UNDERSTAND. SO MAYBE WE NEED A FURTHER CLARIFICATION OF WHAT IT IS THAT YOU'RE ASKING FOR, WHAT WAS SUPPOSED TO BE THERE
[00:15:04]
AND WHAT YOU'RE ASKING TO BE REMOVED FROM THE SITE PLAN. YEAH, WE WE WENT OUT AND WE THERE'S A CONSERVATION EASEMENT. BUT BEHIND BUILDING B AND A IS WHERE WE'RE GOING TO PUT THE FENCE SO THAT YOU KNOW AND I'M NOT SURE IF THAT. ALL RIGHT SIR I'M GOING TO HAVE YOU TALK TO US. OH OKAY. SORRY. THAT'S ALL RIGHT. YEAH. SO IT IS GOING BEHIND BUILDING B AND A OKAY.BUT YOU DIDN'T ANSWER MY YOU DIDN'T DO IT. FOLLOW MY INSTRUCTIONS. I WANT YOU TO TELL ME WHAT YOU WERE SUPPOSED TO DO. WHAT WAS THE ORIGINAL PLAN ON THE SITE. PLAN AND WHAT YOU'RE WHAT YOU'RE CHANGING. WE ORIGINALLY WERE SUPPOSED TO RUN THE FENCE IN THE CONSERVATION EASEMENT ALL THE WAY DOWN TO WHAT IS THE STREET? DOWN TO BAYVIEW. OKAY? AND YOU'RE ASKING FOR. WE'RE ASKING TO PUT IT WHERE THERE IS OPEN AREA WHICH IS BEHIND BUILDING A AND B AND NOT NOT DOWN TO BAYVIEW ALONG THE WALKING PATH. AND WHAT HAPPENS TO THE BERM? THE BERM I'M NOT FAMILIAR WITH. THERE'S A BERM BEEN INSTALLED OR. NO, WE'RE NOT FAMILIAR WITH THE BERM. I THOUGHT EVERYTHING ELSE WAS DONE BUT THIS. OKAY. THAT'S MY UNDERSTANDING. OKAY.
ALL RIGHT. THANK YOU FOR THE CLARIFICATION. YOU'RE WELCOME. I DON'T KNOW IF I WANT TO ADDRESS JOSH WITH THIS QUESTION OR IF I WANT TO ADDRESS TAMMY WITH THIS QUESTION, WHO CAN HELP ME? OR IF I NEED TO TALK TO OUR ATTORNEY WHO CAN HELP YOU WITH THE CONSERVATION EASEMENT. QUESTION. TAMMY GERALD, TOWN ENGINEER. SO I KNOW THIS BOARD HAS DEALT WITH CONSERVATION EASEMENTS BEFORE, BUT THOSE HAVE BEEN CONSERVATION EASEMENTS ESTABLISHED BY THIS BOARD, REQUESTED BY THIS BOARD TO THE TOWN OF HAMBURG. WHAT THIS PROJECT HAS IS ACTUALLY A CONSERVATION EASEMENT THAT WAS REQUIRED BY THE ARMY CORPS OF ENGINEERS. SO IT'S ON THE FEDERAL LEVEL BECAUSE OF THE IMPACTS TO THE WETLANDS WITHIN THE SITE. THE THERE IS A CONSERVATION EASEMENT THAT RUNS ALONG THAT VEGETATION, ALONG THAT ENTIRE AREA THAT WE'RE SPEAKING OF ALONG THAT BOUNDARY OF THE PROPERTY. SO, TAMMY, JUST FOR AGAIN, FOR CLARIFICATION FROM ALL THE WAY DOWN WHERE THE FUNDS WOULD BE GOING, THAT'S ALL CONSERVATION EASEMENTS, ALL CONSERVATION EASEMENTS. SO THE THE IT WOULD BASICALLY BE TWO OPTIONS FOR THIS FENCE. ONE WOULD BE TO BRING IT AS FAR INTO THE OAKS AS POSSIBLE TO AVOID THE CONSERVATION EASEMENT. I DON'T KNOW IF THAT'S DOABLE. I'D HAVE TO SEE EXACTLY WHERE THE BOUNDARY OF THE CONSERVATION EASEMENT COMES ALONG THAT WALKWAY, OR THEY HAVE TO APPLY TO MODIFY THEIR ORIGINAL PERMIT WITH THE US ARMY CORPS TO REQUEST THAT THEY CAN GO CLEAR A PATH ALONG THE PROPERTY LINE AND PUT IN A FENCE ALONG THAT WHICH WOULD CLEAR A SIGNIFICANT PORTION OF TREES AND VEGETATION. THAT'S THAT'S WHAT I WOULD LIKE.
CLARIFY. SO WHEN YOU SAY CLEAR THE VEGETATION AND AND YOU MAY BE I DON'T KNOW WHAT YOU KNOW.
SO FORGIVE ME IF I'M PUTTING YOU OUTSIDE OF YOUR EXPERTISE, BUT DO YOU HAVE ANY IDEA WHAT, HOW MUCH HOW MANY FEET, HOW WIDE WOULD BE CLEARED OUT FOR THE VEGETATION? I MEAN, I THINK IT WOULD BE SAFE TO ASSUME YOU NEED ABOUT TEN FEET TO GET THROUGH THERE WITH YOUR FENCING AND INSTALL POSTS AND FOUNDATIONS. I DON'T KNOW IF THE APPLICANT FEELS DIFFERENTLY, BUT I WOULD ASSUME ABOUT TEN FEET OF CLEARING, SO THAT'S TEN FEET ACROSS. AND THEN AS WE SPOKE EARLIER, I BELIEVE IT'S ABOUT 1500 FEET OF FENCE. SO THAT GIVES YOU AN IDEA OF THE SPACE THAT WOULD BE NEEDED TO BE ABLE TO GET THIS FENCE IN. THE OTHER QUESTION I HAVE FOR YOU, TAMMY, IS WHAT HAPPENS IF THERE WOULD BE A MASSIVE STORM THAT WOULD DESTROY THAT WHOLE LINE? AND WE KNOW THAT IT'S POSSIBLE IN WESTERN NEW YORK, BUT A WHOLE LINE OF TREES. WHAT IF A STORM CAME THROUGH AND WIPED IT OUT BECAUSE THERE'S A CONSERVATION EASEMENT? WOULD IT BE THE APPLICANTS REQUIREMENT OR THE APPLICANT'S RESPONSIBILITY TO REPLANT WHAT'S IN THERE? I WOULD HAVE TO SAY I DON'T REMEMBER READING THAT IN THERE. CONSERVATION EASEMENT PAPERWORK. SO I THINK THAT WOULD BE SOMETHING WE'D HAVE TO LOOK AT TO TO ANSWER THAT QUESTION. I DON'T KNOW IF THE LANGUAGE SPECIFIES WHAT HAPPENS. SHOULD IT BE DAMAGED BY WHAT, YOU KNOW, ACT OF GOD OR NATURE? I DON'T KNOW IF. WELL, I'M NOT SURE GOD'S GOING OUT AND WIPING OUT TREES, BUT. WELL, YOU KNOW, THAT'S THAT'S WHAT WOULD HAVE SOMETHING TO DO WITH THAT TERM USED OFTEN IN, IN DOCUMENTS TO KIND OF SAY SOMETHING OUT OF EVERYONE'S CONTROL, WHICH WOULD BE A STORM EVENT THAT WOULD WOULD WIPE OUT THAT MUCH VEGETATION. CHAIR.
CAN I ASK A FOLLOW UP QUESTION ALONG YOUR LINES? I'M NOT DONE WITH MINE. SO I THINK IT GOES
[00:20:02]
BACK TO THE FIRST PIECE, THOUGH, WITH THE ARMY CORPS REQUIREMENT. ALL RIGHT. GO AHEAD. WHEN THIS WAS SUBMITTED TO THE ARMY CORPS AS PART OF THEIR ORIGINAL PLANS, DIDN'T THE ORIGINAL PLAN TO THE ARMY CORPS OF ENGINEERS INCLUDE THE FENCE WITHIN THE CONSERVATION EASEMENT AS PART OF THE SITE PLANS AND THE MATERIALS SUBMITTED? SO SHOULDN'T THE FENCE ALREADY BE INCLUDED WITHIN THE CONSERVATION EASEMENT? YEAH, I AGAIN, THAT'S TECHNICAL DETAILS ON THE CONSERVATION EASEMENT THAT I DON'T HAVE ANSWERS TO. I WAS PROVIDED THE AGREEMENT THAT ESTABLISHES THE CONSERVATION EASEMENT THAT JUST SAID NO STRUCTURES CAN BE INSTALLED IN THE CONSERVATION EASEMENT. AND I BELIEVE IT SAYS NO TREES UNLESS THEY'RE FALLEN OR DEAD.BUT OUTSIDE OF THAT, I WASN'T PART OF THE DISCUSSION IN ESTABLISHING THIS EASEMENT. SO WE'D HAVE TO PROBABLY GO TO AN AUTHORITY ON THAT TO TO LEARN THOSE KIND OF DETAILS. AGAIN, IT'S A. ATTORNEY, JOSEPH GOERGEN. YOU'D HAVE TO GO TO THE COUNTY CLERK'S OFFICE BECAUSE THEY'RE GOING TO BE RECORDED ANY ANY CONSERVATION EASEMENT. AND TECHNICAL ONES LIKE THIS COULD BE PAGES LONG OF OF DETAILS LIKE I'VE SEEN CONSERVATION EASEMENTS THAT ARE TEN, 15 PAGES LONG OF DETAILS AND REQUIREMENTS FOR THE PARTIES. SO IT'S NOT A SIMPLE ANSWER. WE'D HAVE TO GET A COPY OF THE DOCUMENT, AND SINCE IT WAS DONE BETWEEN THE DEVELOPER AND THE ARMY CORPS TOWNS, NOT GOING TO HAVE A COPY OF THAT DOCUMENT, IT'S GOING TO BE RECORDED AT THE CLERK'S OFFICE. WE DO HAVE A COPY OF A DECLARATION OF RESTRICTED COVENANTS AND RESTRICTIONS IN OUR SHARED FOLDER. AND IS IT RECORDED? IT LOOKS TO BE. WHEN I READ THIS BEFORE, IT SEEMS LIKE IT DOESN'T LOOK LIKE IN THE NOVEMBER 29TH OF 25 IS WHERE THE STAMP IS. WELL, THE ACTUAL FIRST PAGE OF THE DECLARATION IS NOT EXECUTED BY VIRTUE OF HAVING THE DAY AND WHATNOT FILLED OUT. THERE IS A SIGNATURE PAGE, RIGHT? BUT IT'S ALSO NOT FULLY EXECUTED WITH THOSE ADDITIONAL DATES. IT'S SIGNED AND NOTARIZED. YEAH. THE ONE, THE SECOND ONE, EXHIBIT A FROM THE DEPARTMENT OF ARMY, IS DATED NOVEMBER 18TH OF 21. AND WHEN I READ THROUGH THIS, ODDLY ENOUGH, I DIDN'T READ ANYTHING ABOUT A FENCE IN HERE. NOW, I DON'T KNOW THAT IT WOULD BE IN HERE. THAT'S WHY I'M ASKING THESE QUESTIONS, AND THAT'S WHY I SAID THE LANGUAGE SAYS NOT YOU CANNOT INSTALL A STRUCTURE WHICH WE WOULD CONSIDER A FENCE, A STRUCTURE. IT DOESN'T SAY ANYTHING WITH THE EXCEPTION OF SOMETHING SHOWN ON THE SITE PLAN OR ANYTHING. THEY DON'T SEEM TO ACKNOWLEDGE THE FENCE THAT WAS PART OF THE ORIGINAL SITE PLAN APPROVAL. RIGHT? ANY OTHER? ANY? ARE THERE ANY OTHER BOARD MEMBERS? THEY HAVE QUESTIONS. I DON'T HAVE A QUESTION, JUST SOME COMMENTS. SO LOOKING AT THE LETTERS AND THE MAPS, IT SEEMS THAT THE RESIDENTS STILL WANT THE FENCE NEAR THE BUILDINGS, BUT THAT FENCE THAT THEY CHANGED, THAT WASN'T ON THE ORIGINAL SITE PLAN AROUND THE WALKING PATHS AND THE BASEBALL FIELDS. I DON'T THINK ANYBODY WANTS THAT. SO I THINK WE CAN MAYBE REDUCE WHAT WE'RE EVEN TALKING ABOUT. I KNOW THE APPLICANT WAS GOING TO BUILD SOME OF THE FENCE. IF WE COULD SEE EXACTLY WHERE THE APPLICANT WAS GOING TO BUILD IT, BECAUSE IF THEY PUT IT ALONG THE DRIVEWAYS ON THE OUTSIDE OF THAT BUILDING, WHICH WOULD NOT BE IN THE CONSERVATION EASEMENT, BECAUSE THEY WOULDN'T BE ABLE TO PUT DRIVEWAYS IN THE CONSERVATION EASEMENT, I THINK IT SATISFIES WHAT THE PEOPLE ON TWILIGHT LANE WANT BUILT AND DOESN'T GET INTO THE AREA WHERE WE'VE GOT THE WALKING PATHS AND THE BASEBALL FIELDS AND THE CONSERVATION ISSUES. THIS IS, I CONCUR, PART OF THAT. YEAH. GO AHEAD. I'M SORRY. YEAH, WE WE CERTAINLY LET THEM OUT. LET WE'RE AT THE TABLE. GO AHEAD. I'M JUST SAYING THAT I CONCUR WITH MEMBER CLARK THAT THE PROPOSED LINE OF THE FENCE ON THE NORTH SOUTH WEST SIDE OF BUILDING B, WHICH IS OUTSIDE OF THE CONSERVATION EASEMENT, WHICH THEN ENDS UP APPLYING THE BLOCKING TO THE CUL DE SAC AT TWILIGHT, IF ANY EVENT, IF THERE ARE ISSUES WITH SEEING THE NORTH SIDE OF BUILDING B, MAYBE THERE'S AN OPPORTUNITY OF ADDING JUST, YOU KNOW, TAKING THE FENCE AND DOING A LEFT HAND TURN, BUT ALSO STAYING OUTSIDE OF THE CONSERVATION EASEMENT, WHICH IS STILL DRASTICALLY REDUCING THE AMOUNT OF FENCING THAT WOULD BE THERE. JUST THAT CORNER, YOU SEE. OKAY. ANYONE
[00:25:05]
ELSE? MA'AM, YOU HAVE TO SIT DOWN. I CAN'T TAKE ANY QUESTIONS AT THIS POINT, OKAY? PLEASE, I. THINK, MA'AM, POINT OF ORDER. I'M AT THE TABLE WITH THE BOARD MEMBERS. IT'S THEIR TURN. OKAY. ENGINEERING. CAMI, GO AHEAD. JUST FOR REFERENCE, JOSH HAS PULLED UP, SO BUILDING B IS THAT TOP LEFT CORNER ON THE SCREEN. JOSH, YOU WANT TO GO ONE PAGE DOWN? I. YEP. SO YOU SEE BUILDING V SO ALMOST WHERE THE PAGE BREAK IS WOULD BE WOULD BE THE FENCE LINE THAT THEY'RE PROPOSING. YES. AND THEN IT'S JUST A QUESTION OF IF THE THE TOWN WANTS TO DISCUSS THE FINER DATE, FINER DETAILS ON EXACTLY WHERE THAT'S GOING TO BE. BUT IT WOULD BE ALONG THE PARKING LOT OR DRIVEWAY THAT YOU HAVE THERE ALONG BUILDING B, AND THEN IT WOULD END AT THE CORNER, ELIMINATING THE STRETCH THAT CHANGES DIRECTIONS. PROPOSED FENCE IS COMING TO THE INTERSECTION HERE AND RUNNING TO THE CORNER OF BUILDING B. WHAT I HAD SUGGESTED IS, IN THE EVENT THAT THERE ARE STILL ISSUES WITH HAVING VIEWING TO THE BACK OF BUILDING B, IF YOU THEN EXTEND ALONG HERE THAT WAY, IT'S ONLY THIS CORNER THAT THEN HAS THE BOARD ON BOARD FENCE. SO ANYONE ELSE WOULD EXTEND ALONG ALL OF THE BUILDINGS AND I DON'T KNOW WHICH ONES ARE LETTERS. IT'S IT'S HARD TO SEE. BUT THAT OTHER PAGE SO SO WE GET B IS THAT ONE. SO IF IT WENT A, B C AND THEN I'M GUESSING D AND E H. YEAH. NO H AND Q ARE ON THAT MAP. SO THEN THE MATCH LINE GOES RIGHT. BECAUSE IF YOU CAN'T DO THE FENCE THEN BECAUSE IT THEN WOULD GO THROUGH THE PARKING LOT. SO THAT'S WHY I'M SAYING I THINK IT'S D AND E. IT WOULD GO OFF THAT MAP THERE TOWARDS AWAY FROM SOUTH PARK THERE. YEAH D AND E. SO IF IT WENT ALONG A, B DOWN TO C, D AND E THEN IT STAYS AWAY FROM THE CONSERVATION AREA TO PAVED .AND THEN DOESN'T GET INTO THE THE NOT STRAIGHT FENCE THAT THEY WERE GOING TO BUILD AFTER THE CONSERVATION EASEMENT ISSUES THAT I DON'T THINK REALLY ANYBODY WANTS, THEY DON'T WANT TO BUILD IT AND IT'S GOING TO BLOCK THE TREES AND THE PATH, AND IT'S GOING TO CUT DOWN THE TREES. SO STARTING AT THE THE, THE LAST BUILDING NEXT TO THE BASEBALL DIAMOND AND GOING TOWARDS SOUTH PARK, WOULD THAT BE SOUTH? WOULD THAT BE WEST? I DON'T SEE NORTH IS UP.
SO THEN WEST. YEAH, IT WOULD BE WEST. SO IT'S GOING WEST. THE FIVE, THE WHOLE FIVE BUILDINGS.
IS THAT WHAT YOU'RE. YEAH. GOING WEST UNTIL B. AND THEN IT WOULD HAVE TO TURN RIGHT AND THEN GO WEST AGAIN UNTIL, TILL THE END OF THE SECOND BUILDING. YEAH. OKAY. APPLICANT. DO YOU UNDERSTAND WHAT WE JUST TALKED ABOUT. ALL RIGHT. NOW SORTA. HANG ON ONE SECOND. REMEMBER, MCCORMICK, I THINK THAT BEFORE THIS BOARD CAN TAKE ANY ACTION, I THINK IT SHOULD BE ON THE APPLICANT WHO'S ASKING FOR THIS MODIFICATION TO PROVIDE US A SIMPLIFIED DRAWING THAT ILLUSTRATES THIS, SO THAT WE CAN POST IT ON THE WEBSITE, THAT WE CAN SEE IT, THAT WE'RE ALL BECAUSE IT IS CONFUSING AND HARD TO FOLLOW THAT I THINK WE NEED SOME SORT OF A SIMPLIFIED GRAPHIC OF THEIR ASK AND WHAT THE CHANGE IS, BECAUSE THIS IS WE'RE LONG FROM DONE HERE, SO THERE WE GO. BUT THERE'S A SUGGESTION AND GO AHEAD. YEAH. OKAY. SO WE'RE WE'LL DO THAT.
WE'LL PROVIDE I THINK I KNOW WHAT YOU'RE LOOKING FOR. AND WE'LL PROVIDE A COUPLE DRAWINGS THAT YOU CAN REVIEW AND TELL US WHICH ONE YOU LIKE. OKAY. IS THERE ANYBODY ELSE AT THE TABLE THAT IN FROM THE PLANNING BOARD THAT HAS ANY OTHER COMMENTS. NO. I THINK THE DRAWINGS WOULD BE A BIG HELP OKAY. I ATTORNEY JOSEPH GOGAN, I CAN GIVE YOU CLARIFICATION. IT'S THE 36 PAGES LONG. IS IS ACTUALLY HOW LONG THAT IS. IT'S THE EASEMENT PLUS THE LETTER OF PERMISSION ATTACHED TO IT. SO IT'S IT'S SUBPARAGRAPH E OF THE LETTER OF PERMISSION DEFINES STRUCTURES TO INCLUDE FENCES. SO EVEN FENCES CANNOT BE BUILT ON THAT. AND THERE'S NOT EVEN AN EXCEPTION PARAGRAPH UNLESS THERE'S PERMISSION. IT DOESN'T IT DOESN'T HAVE THAT. IT DOES GIVE AN EXCEPTION PARAGRAPH IF IT'S FOR ANTENNA OR OTHER UTILITY INSTALLATIONS THAT THERE CAN BE EXCEPTIONS FOR. BUT THE PARAGRAPH SPECIFICALLY TALKING ABOUT STRUCTURES DOES
[00:30:04]
NOT GIVE ANY EXCEPTION. FOR EXAMPLE, GETTING APPROVAL OF THE OF THE US GOVERNMENT TO ALLOW IT. SO OKAY. JOSH, DO WE HAVE ROOM FOR THEM ON THE 17TH? DID YOU PLAN ON THEM COMING BACK RIGHT NOW? THEY'RE NOT INCLUDED IN THE SEVEN ITEMS ON 1217. ALL RIGHT. THEN I WOULD ADD THEM AND PUSH THE ONE THAT ASKED FOR THE DELAY AND PUSH THE DELAY TO THE FIRST OF THE YEAR AND ADD THEM. WOULD THAT BE OKAY? OKAY. CHAIR. CAN I MEMBER MCCORMICK I DO JUST WANT TO POINT OUT, THOUGH, THAT I AND I'M HAVING A HARD TIME VISUALIZING ALL THIS. I DO BELIEVE THAT THE HANDWRITTEN LETTER THAT THIS INDIVIDUAL'S ADDRESS IS FURTHER DOWN IN ASKING FOR THE FENCE FURTHER PAST THE EXTENT OF WHERE MR. CLARK HAD ASKED FOR IT THERE.4335 AND I, I WAS HAVING A HARD TIME COUNTING AND ON THE. I JUST WOULD ASK THAT WE LOOK AND IF THE PEOPLE THAT ARE IN FACT FURTHER DOWN, CLOSER TO THE BALL FIELDS ARE ASKING FOR THIS FENCE, THAT WE TAKE THEIR SPECIFIC OPINIONS INTO ACCOUNT HERE. WELL, TO BE HONEST WITH YOU, WE TOOK THE THE OPINIONS. BUT WHAT WE'RE LOOKING AT, WE HAVE TO KEEP IN MIND THAT THERE'S A CONSERVATION EASEMENT, AND AFTER THAT, WE CAN'T EVEN PUT THAT FENCE UP THERE, DOWN THERE IN THAT CONSERVATION EASEMENT. SO THAT'S THE OTHER ISSUE THAT I'VE GOT. SO WHAT I WOULD LIKE TO DO IS I'M GOING BACK OUT THERE TO WALK THE PROPERTY, AND I SUGGEST THAT EVERY BOARD MEMBER DO THE SAME THING. AND I'M GOING TO ASK THE APPLICANT TO GO AHEAD AND DRAW THE DRAW THE YOUR PRESENT, YOUR DRAWINGS FOR THE 17TH. AND IF THERE'S MORE CONCERNS, THE RESIDENTS CAN CERTAINLY WRITE TO JOSH AND BUT I'M GOING BACK OUT THERE TO LOOK. SO IF THERE'S SOMETHING THAT WE CAN DO, IF THERE IS BASED ON WHAT WE'VE GOT IN FRONT OF US, LIKE I SAID, WE'RE A LONG WAY FROM HOME. SO THIS WILL BE THE FIRST STEP. WE'VE GOT THE THE REVIEW FROM THE ATTORNEY THAT OFFENSES PART CANNOT BE IN THE CONSERVATION EASEMENT. AND THEN WHAT I WOULD LIKE I DON'T KNOW TAMMY IS THIS SOMETHING THAT YOU WOULD DO. COULD CAN WE LOOK AT THAT PROPERTY AND CLARIFY WHERE THE CONSERVATION EASEMENT STARTS. SO IF WE DID CONSERVATION EASEMENT ON THEIR SITE PLAN. YEAH, WE WE HAVE A DRAWING OF IT. OKAY. WHICH WOULD BE INCLUDED ON THE SITE. WE CAN SUPPLY THAT WITH THE DRAWINGS OKAY. SO IF THERE, IF THERE IS THAT WE'RE GOING TO PUT THE FUNDS, THE FENCE IS GOING TO HAVE TO GO UP. ALONG THE SIDEWALK IS WHERE THAT FENCE IS GOING TO HAVE TO GO BECAUSE IT CAN'T GO INTO THE EASEMENT. CAN'T GO. IT CAN'T GO INTO THAT, INTO THAT, INTO THAT BUFFER. SO LET'S WE'LL SEE YOU BACK ON THE 17TH. ARE THERE ANY OTHER QUESTIONS OR ANY OTHER INFORMATION THAT YOU WOULD ALL LIKE TO SEE? I WOULD BE INTERESTED TO BETTER UNDERSTAND THE IF THERE ARE LINGERING STORMWATER ISSUES OR WHAT HAPPEN THERE. I DON'T KNOW IF THAT GENTLEMAN'S GONE TO CODE ENFORCEMENT, BUT THERE WERE A NUMBER OF STORMWATER ISSUES DURING SITE CONSTRUCTION, SO I DON'T UNDERSTAND WHAT'S HAPPENING THERE. BUT IF THERE'S WATER FLOW ISSUES, I DON'T I DON'T KNOW WHERE THEY'RE COMING FROM. BUT THERE WERE DURING CONSTRUCTION A NUMBER OF ITEMS THAT WERE REMEDIED. I HAD SOME PICTURES AND FOLKS HAD GONE OUT FROM CODE ENFORCEMENT. I'D GONE OUT AT THE REQUEST OF THE CAB. AND THEN THERE ALSO WAS CLEARING ACROSS THE STREET. SO THERE'S BEEN LIKE A NUMBER OF ISSUES WITH DRAINAGE AND WATER FLOW AND COMPLAINTS. AS LONG AS THIS PROJECT'S BEEN IN FRONT OF US IN THIS WHOLE AREA, I DON'T KNOW WHAT THE REMEDY IS, BUT IT SOUNDS LIKE THERE'S CONTINUES TO BE CONCERNS. WELL, AGAIN, I THINK BASED ON WHAT ENGINEERING TOLD US, THEY'VE BEEN WORKING WITH THE APPLICANT OR WITH THE THE RESIDENT, AND I DON'T KNOW THAT THAT SHOULD COME BEFORE US AT THIS POINT. I MEAN, THAT'S NOT WHAT'S IN OUR LANE AT THIS POINT. SO I THINK THAT THE GENTLEMAN SHOULD GO BACK AND AND WORK WITH ENGINEERING. IT SOUNDS LIKE THEY'VE BEEN WORKING WITH THEM FOR A WHILE. WE'VE BEEN SOME EMAILS ABOUT RESPONSES. SO. BASED ON THAT, IS THERE ANYTHING ELSE OKAY. SO YOU GUYS WOULD BE READY FOR THE 17TH AND BRING IN THE PAPERWORK AND ANYTHING ELSE THAT YOU HAVE TO OFFER. THANK YOU, THANK YOU, THANK YOU. NO SIR I'M SORRY, BUT YOU CAN'T. MY SUGGESTION WOULD BE THAT YOU MEET WITH OUR ENGINEER AFTER THE MEETING. I WAS JUST WONDERING HOW I GOT APPROVED FOR THE EXPENSE. WHEN
[2. Tom Gorczyca – Requesting Preliminary Plat Approval of a 3-lot subdivision to be located at 3189 Pleasant Ave]
THE REPORT IS. OKAY, OUR NEXT CASE IS TOM GORCYCA REQUESTING PRELIMINARY PLAT APPROVAL OF A TWO LOT SUBDIVISION TO BE LOCATED AT 3189 PLEASANT AVENUE ON. THE PROPOSED ACTION INVOLVES THE MINOR SUBDIVISION OF TWO LOTS THAT ARE SHOWN AS SPLIT BY THE COUNTY, BUT HAVE[00:35:02]
NOT YET BEEN SPLIT BY THE TOWN OF HAMBURG. THIS SOUNDS LIKE A JOSH TOPIC, SO CAN I ASK EVERYBODY IN THE AUDIENCE TO PLEASE REFRAIN FROM CHANTING WHILE WE'RE CARRYING ON A CASE? IF YOU WANT TO HAVE A CONVERSATION, THEN I WOULD GO OUT IN THE HALLWAY. MR. GORSKI, WHY DON'T WE TAKE A MINUTE AND WE'LL LET EVERYBODY LEAVE, OKAY? SURE. OKAY. MY NAME IS THOMAS GORSUCH. I LIVE AT 3205 PLEASANT AVENUE IN THE TOWN OF HAMBURG. MY LOT ADJOINS THIS PIECE OF PROPERTY. YOU'RE GOING TO HAVE TO. I'M SORRY. WE CAN'T HEAR YOU. AND YOU'RE GOING TO HAVE TO USE THAT MICROPHONE. SO IF YOU WOULD, AND BRING IT RIGHT UP TO YOUR MOUTH. I KNOW, AND I'M TRYING TO CREATE ONE BUILDING LOT AT ONE TIME. WHEN I HAD MY MAP COVER ON THIS PROPERTY, THERE WERE THREE BUILDING LOTS. I HAVE SINCE SOLD THEM, BOUGHT THEM BACK AND I WANT TO COMBINE THEM INTO ONE. ONE OF THE MAIN REASONS IS THERE ARE SOME WETLANDS NOW THAT CAME IN ALL OF A SUDDEN. SO I SENT I GAVE YOU ALL THE INFORMATION THAT IT IS A BUILDABLE LOT NOW, BUT DEPENDING ON THE SIZE OF THE HOUSE WHICH SHOULD BE LEFT UP TO THE BUILDING INSPECTION DEPARTMENT AT THE TIME OF BUILDING PERMIT, I'M NOT GOING FOR A BUILDING PERMIT. I'M GOING TO CREATE A SINGLE FAMILY BUILDING LOT LEGALLY IN THE TOWN OF HAMBURG'S EYES WITHOUT INFRINGING INFRINGING MY LOT. THE TOWN HAS SHOWED ME DIFFERENT DIAGRAMS OF TAKING MY PERSONAL PROPERTY AND WAITING OUT THE PROPERTY LINES AND MAKING IT ONE BIG LOT, AND THEN DIVIDING THIS OUT OF IT. EVEN THOUGH ALL THREE PIECES OF PROPERTY HAVE THEIR OWN SBL NUMBERS, TAXES HAVE BEEN PAID FOR ALL THESE YEARS ON THOSE THREE SBL NUMBERS. AND I'M JUST TRYING TO CREATE ONE SINGLE BUILDING LOT WITHOUT GOING, OKAY, SO I'M SORRY, MR. GORCYCA, THIS SAYS YOU'RE LOOKING FOR A TWO LOT SUBDIVISION. THAT'S NOT TRUE. WELL, WHAT THEY DID, THEY TOOK MY LOT THAT I LIVE IN AT 3205, TOOK WITE-OUT LITERALLY WIPED THE LINES OUT AND SAID, THIS IS ONE BIG LOT. NOW YOU HAVE TO DIVIDE YOUR LOT, WHICH ADD IN ANOTHER EASEMENT. BELIEVE IT OR NOT, I ONLY WANTED ONE EASEMENT FOR A VARIANCE FOR THE SIZE, BUT THEY ADDED TWO MORE EASEMENTS TO ME. SO I WANT TO EITHER GO BACK TO SQUARE ONE OR DO I NEED SOMEONE TO TALK FOR ME? I DON'T KNOW. OKAY, WELL LET'S PROPERTY. THE PROPERTY IS BELOW THAT BLUE. LET ME. WHY DON'T WE LET JOSH HELP US OUT HERE. SO IF YOU GUYS IF YOU GUYS RECALL, THIS IS A AREA AND PROPERTY THAT HAS A 40 YEAR HISTORY GOES BACK TO THE 80S THERE. TO MR. GORSKI'S POINT, THERE WAS A PERIOD WHERE HE OWNED LOTS, GOT SOME SUBDIVIDED, SOME WERE NOT LEGALLY SUBDIVIDED IN THE EYES OF THE TOWN OF HAMBURG, AS YOU GUYS KNOW, EVEN MINOR SUBDIVISIONS NEED SUBDIVISION APPROVAL FROM THE TOWN OF HAMBURG. OTHER TOWNS. ALL YOU NEED TO DO IS GO TO THE COUNTY. IF YOU HAVE FIVE LOTS AND MORE IN OUR TOWN, EVEN IF YOU'RE DOING A TWO LOT SUBDIVISION THREE LOT, FOUR LOT, YOU NEED MINOR SUBDIVISION APPROVAL FROM THE TOWN OF HAMBURG. ONE OF THE OTHER ISSUES WITH THIS PIECE OF PROPERTY IS THAT AT ONE POINT, ERIE COUNTY WATER, I BELIEVE MR. GORSHKOV WAS SAYING THAT THERE WASN'T CAPACITY. THERE WAS AN ISSUE WITH THAT. THEY DETERMINED THAT THERE WAS CAPACITY AT ONE POINT. I BELIEVE YOU SOLD SOME LOTS TO SOME IN ERIE COUNTY LAST YEAR, RIGHT. BUT AT THE TIME, AT THE TIME THERE THEY WERE, THERE WAS AN ISSUE WITH, WITH WATER GOING TO RUN A WATER LINE THROUGH THE BACK, BUT THEY DIDN'T ALLOW ME TO DO THAT. RIGHT. SEPARATING THE AREA FROM THE WATER COMPANY. OKAY. RIGHT. THAT ONE GOES THROUGH. THEN THERE WERE SOME LOTS THAT WERE SOLD THAT WHEN SOMEBODY CAME IN TO TRY TO BUILD THEM, THEY WERE TOLD THEY WEREN'T BUILDABLE. SO THEN MR. GORCYCA THEN INHERITED THOSE LOTS. SO THERE'S THERE'S A LOT OF MOVING PIECES. THE REASON WHY ON THE AGENDA IT SAYS THAT HE NEEDS A TWO LOT SUBDIVISION IS THAT TO BE ABLE TO NOT ONLY. SO HE WENT TO THE ZONING BOARD TO GET A VARIANCE FOR HIS HOUSE AT 3205, WHICH I BELIEVE MR. GORCYCA. YEAH. IS THIS ONE HERE? RIGHT. SO THIS IS THE THIS IS THE LOT WHERE YOU WENT TO THE ZONING BOARD IN NOVEMBER AND GOT A VARIANCE. I WENT TO TWO LOTS TO THE LEFT TO RIGHT. BUT WHAT I'M SAYING IS IN NOVEMBER WHEN YOU WENT TO THE ZONING BOARD, YOU GOT A VARIANCE APPROVED FOR YOUR LOT AT 3205, WHICH IS WHY YOU'RE BACK HERE, WHICH IS WHY THEY'RE BACK BEFORE THIS BOARD NOW. OKAY. HANG ON. LET HIM IN. THE EYES OF THE TOWN OF HAMBURG, THIS IS ALL ONE GIANT LOT, WHICH IS THE ISSUE. AND WHAT HE'S LOOKING TO DO IS CREATE. SO YOU'RE LOOKING TO CREATE A BUILDING? LOT OF THIS LOT HERE. THESE TWO HERE.[00:40:01]
WHICH IS WHY HE NEEDS A TWO LOT SUBDIVISION OUT OF WHAT'S CONSIDERED. THIS WHOLE THING IS CONSIDERED ONE GIANT LOT, WHICH IS THE ISSUE. SO THAT'S WHY HE'S BEFORE THIS BOARD TO CREATE TWO LOTS. SO JOSH, WHY IS THAT HIGHLIGHTED IN THAT BLUE. WELL THIS ONE THIS IS JUST A PREVIOUS SCREENSHOT. SO DISREGARD THE THE LITTLE HIGHLIGHTED AREA. THAT'S JUST FROM A PREVIOUS SCREENSHOT. SO WE'RE LOOKING AT THESE TWO LOTS HERE AND HIS HOME ON 32. WHAT'S CONSIDERED 3205 PLEASANT WHICH IS ALL LOOKED AT IF YOU IF YOU WERE TO SEE A SURVEY, IT'S LOOKED AT IN OUR EYES IN OUR RECORDS AS ONE GIANT LOT. SO JUST THOSE TWO LOTS ON THE FLAG LADDER CONSIDERED ONE GIANT LOT, THE BLUE LOT AND THE LOT NEXT TO IT AREN'T PART OF THAT BIG PICTURE, CORRECT? NO, THE BLUE LOT IS 3189 AND IT'S AND IT'S OWNED BY A JOSEPH WARNOCK. YEAH.JUST A NEIGHBOR. RIGHT. OKAY. I'M JUST CLARIFYING FOR THE RECORD IS WHAT I'M TRYING TO DO.
SO IT'S JUST THOSE THREE LOTS THE FLAG LOT AND THE OTHER TWO LOTS THAT ARE CURRENTLY LOOKED AT AS ONE LOT. CORRECT. OKAY. CORRECT. OKAY. AND SO TONIGHT WHAT IS BEFORE US IS TO TAKE THOSE TWO LOTS AND SPLIT THEM OFF THE FLAG LOT. AND THAT WOULD BE THE TWO LOT SUBDIVISION. CORRECT. EVERYBODY GOT THAT. YES OKAY. TECHNICALLY THREE LOTS. TECHNICALLY THREE LOTS. BUT THEN THE TWO. WELL YEAH. BUT WE'RE NOT SPLITTING THE THIRD LOT. I MEAN THE THIRD LOT IS GOING TO REMAIN, BUT IT'S A THREE LOT SUBDIVISION. IT'S IT'S ESSENTIALLY A THREE LOT SUBDIVISION. BUT HE'S LOOKING TO CREATE TWO BUILDABLE LOTS THAT ARE SEPARATE FROM THE HOME. LOT I DON'T KNOW. WELL, THE SECOND WELL, I'M ASSUMING THE SECOND ONE IS THE ONE THAT'S GOING TO HAVE THOSE WETLANDS IMPACTS. AND THAT'S WHY IT'S NOT GOING TO BE BUILDABLE. SO IT'S CREATING TWO LOTS, BUT ONE OF THE LOTS IS GOING TO HAVE A LOT OF WETLANDS IMPACTS, WHICH IS WHY IT'S NOT GOING TO BE BUILDABLE. SO SBL NUMBER ONE WANT TO MERGE THOSE.
HE WANTS TO MERGE THOSE. SO YOU WANT TO MERGE THE LOTS THEN. OKAY. WELL THEN THE OTHER DOESN'T NEED TO BE MERGED AS FAR AS THE TOWN IS RIGHT. THE TOWN. YEAH. BUT IT'S GOING TO NEED A NEW SBL. YEAH. SO SO WHAT I'M SEEING. WHAT I'M SEEING, MR. GORSUCH, IS THAT THE, THE TWO LOTS TO THE LEFT OF YOUR YOUR MAIN LOT. THEY ARE SBL. I'M LOOKING AT IT SBL, DASH 21 AND DASH 22. AND YOU'RE GETTING SEPARATE TAX BILLS FOR THOSE. RIGHT. AND SO THOSE ARE GOING TO BE EVENTUALLY OWNED BY THE SAME PERSON. AND SO THEY'RE GOING TO NEED ONE SBL. BUT BUT ONE OF THOSE EXISTING LOTS IS WETLAND AND CAN'T BE BUILT ANYWAYS. BUT YOU NEED A CERTAIN AMOUNT OF FOOTAGE FRONTAGE SIDE. AND SO YOU'RE GOING TO NEED THAT THOSE LOTS COMBINED TO BE BUILDABLE. YEAH I DID A DELINEATION ALREADY SO THERE'S PLENTY OF ROOM THERE. BUT UNTIL IT COMES I'M WAITING FOR THE SURVEY FROM NURSE AND CLERK. I GUESS THEY PINPOINT EACH ONE.
OKAY. RIGHT NOW I SENT SOME PAPERWORK THERE. 20 ROOMS IS ONLY A SMALL HOUSE AND I'M NOT THERE, BUT THERE IS A BUILDABLE LOT. OKAY, SO SO THIS IS THIS IS THIS IS BACK BEFORE THE BOARD BECAUSE LIKE I SAID, BECAUSE IT'S SUCH A COMPLICATED PROJECT. BROUGHT IT BACK BECAUSE HE GOT ALSO. SO HE GOT A VARIANCE FOR HIS HOME. BUT WE BROUGHT IT BACK TO HAVE HIM EXPLAIN IT. SO THE BOARD IS MADE AWARE AGAIN, BECAUSE WE SAW IT A COUPLE MONTHS AGO BEFORE HE WENT TO THE ZONING BOARD, BUT WE HAD TO EXPLAIN IT. THEN HE WENT TO THE ZONING BOARD, GOT IT, AND NOW HE'S BACK. HE'S WAITING ON THE SURVEY FROM NUSSBAUMER AND CLARK, WHICH IS WHEN WE'LL HAVE THE PLAT, WHICH WILL SHOW WETLANDS IMPACTS EVERYTHING TO THE SITE. BUT WE WANTED TO BRING IT BACK TO THIS BOARD FROM TO EXPLAIN WHAT HE'S LOOKING FOR, SO THAT EVERYONE IS KIND OF AWARE OF, OF WHAT HE'S LOOKING TO DO. WHAT I RECOMMEND YOU SHOULD DO IS WHEN YOU HAVE NUSSBAUMER AND CLARK, DO THE SURVEY, HAVE THEM GIVE YOU LEGAL DESCRIPTIONS FOR THE PARCELS THAT YOU WANT IT PARCELED OUT TO PARCEL A, PARCEL B, PARCEL C TO, SO THAT IT'S VERY CLEAR WHICH PARCEL IS GOING TO BE WHICH DIMENSIONS IN THE REQUESTED SUBDIVISION. I SENT TWO SURVEYS. I WAS ASKED AT THE WORK SESSION FOR TWO SEPARATE SURVEYS OF EACH. YOU HAVE TO TALK INTO THE MIC BECAUSE IT'S BEING RECORDED AND THEY CAN'T HEAR YOU. AT THE WORK SESSION, I WAS REQUESTED TO PUT THE TWO SURVEYS OF EACH LOT THAT I'M COMBINING IN ONE LARGE SURVEY OF BOTH LOTS TOGETHER, AND THAT'S WHAT I'VE SUBMITTED TO EVERYBODY HERE. SO DO WE NEED THE THIRD PARTY HOUSE IN THIS SURVEY MESS? WHAT WE WILL NEED IS WE WILL NEED A SURVEY THAT SHOWS POTENTIAL WETLAND IMPACTS, BECAUSE THAT'S WHAT BORDERS WILL HAVE THAT'S COMING. YOU KNOW, THAT'S ALL IN THE WORKS ALREADY. YEAH. OKAY.
SO THAT'S THAT'S GOING TO BE THE LAST PIECE THAT THE BOARD NEEDS FOR THEIR REVIEW OF THE SUBDIVISION APPROVAL. I MAY NOT NEED APPROVAL BECAUSE I MAY BE 100FT FROM THE WETLANDS. SO I WAS ON THE CONVERSATION WITH MOLLY ROSINSKI OF THE NEW YORK STATE DEC, WHO HAS SINCE LEFT THE DEC. SO UNTIL THEY WANTED SHE WANTED TO LOOK AT THE SURVEY ALSO. SO WHEN I GET THAT, I'LL WORK MY WAY THROUGH THE DEC AND THEN THE WETLAND SITUATION. SO IT'S NOT HOW IT'S GOING TO BE. HOW BIG OF A HOUSE WHITE OF A HOUSE, BECAUSE THERE'S AN INDENTATION THERE
[00:45:03]
AND A 40 FOOT SETBACK. NO PROBLEM FINDING A HOUSE IN THERE, YOU KNOW, WITH A GOOD HUNDRED FEET ON THE SIDE. SO SO IN OTHER WORDS, WE NEED TO WAIT FOR THAT BEFORE WE CAN MOVE FORWARD. IS AM I UNDERSTANDING THAT CORRECTLY? AND WE STILL ALSO NEED TO SCHEDULE A PUBLIC HEARING FOR THIS MINOR SUBDIVISION AT SOME POINT. YEAH. OKAY. SO TO DO THE PUBLIC HEARING, IS HE PART OF ON THE 17TH ALREADY. HE WAS NOT FACTORED INTO THAT. WE'LL MOVE HIM TILL JANUARY. AND THEN THAT WAY HE CAN GET HIS PAPERWORK. GIVE HIM SOME TIME. YEP. OKAY.SO YOU'LL YOU'LL BE BACK FOR ARE YOU SCHEDULING A PUBLIC HEARING ALSO FOR THE FIRST MEETING IN JANUARY, WHATEVER THAT DATE IS WHEN WE FIGURE IT OUT. OH, YEAH. WE WE HAVE TO FIGURE OUT WHAT THE RIGHT. SO LET ME CLARIFY. DO I NEED TO GET MY PROPER HOUSE SURVEYED AS A FULL PLOT? AND HOW WILL HOW WILL YOU REMOVE A HOUSE FROM A LEGAL PLAN AND AND PUT IT INTO ANOTHER MAP COVER? IT'S IN A MAP COVER NOW. SO NOW YOU'RE GOING TO TAKE IT OUT OF THAT MAP COVER AND PUT IT INTO THIS LITTLE MAP COVER. YEAH. FOR THE MINOR SUBDIVISION, YOU DON'T NEED A MAP COVER. WE JUST HAD THIS DISCUSSION WITH ANOTHER ANOTHER PARCEL. OKAY. SO A MAP COVER WILL NOT NEED TO BE DONE FOR A MINOR SUBDIVISION. IT'LL IT'LL CATCH UP TO IT. IF I CAN CLARIFY, I MEAN THIS I DON'T KNOW IF YOU CAN SEE THE, THE IMAGE HERE. THERE'S THE FLAG LOT WHICH IS YOUR 3205. AND AS FAR AS THE TOWN OF HAMBURG IS CONCERNED, IT NEVER WENT THROUGH A FORMAL SUBDIVISION PROCESS, EVEN THE MINOR SUBDIVISION. SO AS FAR AS THE TOWN OF HAMBURG IS CONCERNED, THIS IS STILL ONE BIG PARCEL AS FAR AS THE TOWN OF HAMBURG IS CONCERNED. THIS IS STILL ONE BIG PARCEL. I'M NOT KIDDING. RIGHT? THE FIVE LOTS AND THE OTHER THREE WERE NOT APPROVED. SO IT HAD THE FIRST FIVE. EXCUSE ME. THE OTHER I DON'T KNOW WHEN YOU WERE REFERRING TO THE OTHER THREE. WHAT OTHER THREE ARE YOU? THERE USED TO BE THREE. NOW THERE'S TWO. YEAH. ORIGINALLY I DREW IT UP AS THREE LOTS. YOU KNOW WHERE YOUR FINGER WAS? YOU HAD THIS BROKEN DOWN EVEN SMALLER. YEAH, THERE WERE TWO, THREE SMALLER ONES AND I DIVIDED IT INTO TWO BIGGER ONES. NOW I WANT TO GET RID OF THAT LINE AND MAKE ONE BIG ONE. UNDERSTOOD. BUT BUT AGAIN, AS FAR AS THE TOWN OF HAMBURG IS CONCERNED, THERE WAS NEVER A MINOR SUBDIVISION. IF IT WAS MORE THAN FIVE LOTS, IT WOULDN'T HAVE BEEN A MINOR SUBDIVISION. IT WOULD HAVE BEEN A A MAJOR SUBDIVISION. YEAH. I GOT THE LINEN AND EVERYTHING ON THAT ONE. I MEAN, IT'S I'M JUST TRYING TO CREATE ANOTHER WOULD BE PHASE TWO NORMALLY IN THE BUILDING INDUSTRY, BUT EVERYTHING'S CHANGED I GUESS. AND I CAN'T DO PHASE TWO. AGAIN.
IF THE ORIGINAL PLAN WAS FOR FOR FIVE OR MORE, WHEN DID YOU. 85. EXACTLY. YEAH. AND I DON'T THINK WE HAVE THE INFORMATION BECAUSE WE'RE ONLY REFERRING TO THIS, THIS CURRENT ONE. IF YOU TRIED DOING A SUBDIVISION IN 85, THAT OPENS UP A WHOLE OTHER AREA OF, OF INFORMATION THAT WE DON'T HAVE ACCESS TO THAT YOU DIDN'T PROVIDE TO US. SO A MAP COVER AND EVERYBODY'S FOLDER, IT SHOWS IT IN. JOHN CASELLA SIGNED IT ONLY FOR THE FIRST FIVE LOTS FROM FROM 1985. YEAH, I'M A LITTLE OLDER THAN EVERYONE. OKAY. WELL, IF THAT'S THE CASE, THEN MAYBE WE SHOULD JUST POSTPONE THIS UNTIL THE FIRST TO THE FIRST MEETING OF THE YEAR AND NOT HAVE THE PUBLIC HEARING SO WE CAN GET ALL OF THE INFORMATION BECAUSE WE HAVE WE HAVE THE INFORMATION FROM LIKE IN THE, IN THE. IN THE FOLDER FOR OH SIX AND OH SEVEN AND OH EIGHT. I THINK IT WAS BACK THEN, RIGHT WHEN HE TRIED, BUT NOT NOTHING FROM 88. I'M STILL. I KNOW THE COUNTY LOOKED AT IT WHEN THE TAXES. OKAY. WELL WHAT I CAN DO IS I CAN PULL HIS 40 YEAR OLD FILE AND PULL SOME OF THE OLD DOCUMENTS. I DO HAVE SOME DOCUMENTATION FROM MR. GORCYCA WHICH HE SHARED, BUT I CAN I CAN PULL THE FILE AND PUT THAT IN THE SHAREPOINT SO THAT WE CAN REVIEW FROM 85 ON. I DON'T THINK THAT RESTRICTS FROM HOLDING A PUBLIC HEARING. OKAY.
BUT IT'S UP TO THE BOARD DECIDING ON WHAT YOU WHAT YOU WANT TO DO WITH THAT. I DON'T KNOW WHAT. HOW WHAT'S THE FEELING OF THE BOARD. DO YOU HAVE ENOUGH INFORMATION THAT IF WE HAVE A PUBLIC HEARING, WOULD YOU BE ABLE TO MOVE FORWARD? I DON'T KNOW, RIGHT. YEAH, I THINK I MEAN, THAT MAP CONFUSES US BECAUSE IT'S GOT LINES ON IT THAT AREN'T THERE. RIGHT, RIGHT.
SO IF YOU DON'T LOOK AT THAT, RIGHT. IT'S HE'S GOT ONE LOT HE WANTS TO MAKE TWO. RIGHT. BUT
[00:50:10]
THEN WHAT IS THIS MAP COVER FROM 88 OR IT DOESN'T PLAY INTO IT. AND AND IT'S ONLY REFERS TO THE THIS MAP COVER ONLY REFERS TO IT SAYS APPROVAL IS FOR LOTS ONE THROUGH FIVE ONLY, WHICH ARE JUST THE FIVE LOTS ALONG THAT PART OF PLEASANT. RIGHT. OKAY. SO IT DOESN'T EVEN PLAY INTO IT. SO IT DOESN'T EVEN PLAY INTO THOSE OTHER LAWS. OKAY, OKAY. I MEAN THE, THE, THE REAL QUESTION BECAUSE HE'S TALKING ABOUT IT BEING A BUILDABLE LOT IN A SMALL HOUSE.IT GETS I'D LIKE TO SEE THE WETLANDS AND SEE THAT'S WHY WE'RE WAITING UNTIL JANUARY TO SEE THE, THE THE DELINEATION THAT HE'LL GET. HE'LL GET THAT REPORT BECAUSE BECAUSE THAT'S THE IMPORTANT INFORMATION FOR OUR DECISION. THE THINGS WITH THE LINES WHEN WE MAKE OUR FINAL DECISION, THAT'LL BE THE MAP. RIGHT. SO THE 81, THE 2006 NONE OF THAT PLAYS INTO IT.
YEAH. WE'RE GOING TO USURP THOSE ONES OKAY. SO SO IF HE HAS THE DELINEATION BY JANUARY THEN WE'RE GOOD. IF HE DOESN'T HAVE IT BY THE NEXT MEETING HE SHOULD POSTPONE NEXT WEEK I'LL HAVE IT. ALRIGHT OKAY. SO THEN WE'LL GO AHEAD. WE DON'T KNOW WHAT THE DATE IS FOR THE NEXT MEETING IN JANUARY YET BECAUSE OF THE HOLIDAY. AND IT HASN'T BEEN SET YET. BUT JOSH WILL BE IN TOUCH WITH YOU AND HE WILL LET YOU KNOW WHEN THE WHEN THE NEXT MEETING IS IN JANUARY.
OKAY. TALK ABOUT ME GETTING MORE SURVEY OR. NO, NO, LET'S WE'LL WE'LL DO THE PUBLIC HEARING AND WE NEED THE LETTER OF DELINEATION. LET'S NOT MAKE IT MORE COMPLICATED THAN IT ALREADY IS. OKAY. THANK YOU. ALRIGHT. THANK YOU. AND YOU HAVE A GOOD HOLIDAY. YOU GOT YOUR. OUR NEXT CASE OF MATT JAWORSKI WAS POSTPONED. AND THAT ONE'S GOING TO BE POSTPONED UNTIL JANUARY. YEP. OKAY. THE DATE UNKNOWN. THE UNKNOWN DATE. UNKNOWN OKAY. SO
[4. John Brokx – Requesting a Change of Use and Site Plan Approval for a proposal to turn a facility from industrial to recreational space at 6302 Monckton Drive]
OUR NEXT CASE THEN IS JOHN BROCK'S REQUESTING A CHANGE OF USE FROM INDUSTRIAL TO A PRIVATE TRAINING FACILITY AT 6302 MONCTON DRIVE. AND IS THE APPLICANT HERE? YEAH. COME ON UP. PLEASE USE THE MICROPHONE. I WENT BACK AND LISTENED TO THE MEETING, AND YOU CAN'T HEAR ANYBODY AT THAT MICROPHONE. HELLO? YES. SO I'M JUST HERE FOR. OKAY, JUST TELL US WHY YOU'RE HERE. BUT I DO BELIEVE THIS IS THE LAST STEP. JOSH. RIGHT. THEY WANTED A SURVEY OF WHERE. YES, THE WAREHOUSE IS SO TO TO GO BACK. MR. BROCK CAME BEFORE THIS BOARD BEFORE GOING TO THE ZONING BOARD, BECAUSE HE WAS LOOKING TO REQUEST A USE VARIANCE TO USE EXISTING WAREHOUSE THAT HE HAS AT SIX 3002 MONCTON DRIVE FOR PRIVATE TRAINING FITNESS FACILITY, WHICH IS OBVIOUSLY NOT AN ALLOWED USE IN THE ZONING DISTRICT THAT HE IS. HE CAME BEFORE THIS BOARD, TALKED WITH THIS BOARD, WAS REFERRED TO THE ZONING BOARD. IT TOOK A COUPLE MEETINGS, BUT HE WENT TO THE ZONING BOARD AND RECEIVED THAT USE VARIANCE FOR THE PRIVATE TRAINING FITNESS FACILITY. HE'S NOW BACK BEFORE THIS BOARD BECAUSE WE TREAT THAT AS A CHANGE OF USE, AND HE'S GOING TO NEED SITE PLAN APPROVAL. WHAT I REQUESTED OUT OF MR. BROCK WAS TO HAVE HIS SURVEY OF HIS EXISTING WAREHOUSE. AND OBVIOUSLY THERE'S NOT GOING TO BE ANY EXTERIOR MODIFICATIONS, BUT JUST SHOWING WITHIN THE SURVEY ON THE INTERIOR SIDE WHERE THE FITNESS FACILITY IS GOING TO BE, BECAUSE THAT'S GOING TO BE IMPORTANT FOR CODE ENFORCEMENT AND ALSO FOR THIS BOARD TO HAVE SOME SEMBLANCE OF A SITE PLAN TO ACTUALLY APPROVE FOR THAT CHANGE OF USE. SO THAT'S WHY HE'S HERE TONIGHT. OKAY. DO YOU HAVE A COPY OF THAT SURVEY? SAME ONE. OKAY. SO ESSENTIALLY WITHIN ITS THE WAREHOUSE ON THE NORTH SIDE.THEN IF WE GO TO OTHER. SO IS THIS WHAT THE WAREHOUSE LOOKS LIKE CURRENTLY RIGHT NOW.
CORRECT. OKAY. SO NOTHING EXTERIOR IS CHANGING. ABSOLUTELY NOTHING ON THE INTERIOR IN TERMS OF THE LAYOUT WITHIN THE WAREHOUSE. HOW IS THE IF I GO BACK TO THE SURVEY, HOW IS THE TRAINING FACILITY LIKE HOW IS IT GOING TO BE ORIENTED WITHIN THE BUILDING? IS IT USING UP THE ENTIRE SPACE? IS IT USING HALF OF THE SPACE LIKE IT WOULD BE THE WHOLE SPACE? SO ESSENTIALLY THERE'S THERE'S BASICALLY JUST A BATHROOM IN THERE, AN OFFICE, AND YOU SEE THREE BAYS. OKAY. DO YOU HAVE ANY SEMBLANCE OF LIKE JUST LIKE A VERY BASIC PLAN THAT YOU CAN JUST LITERALLY WRITE AND SAY, THIS IS WHAT THE. BECAUSE THAT'S,
[00:55:05]
THAT'S WHAT CODE ENFORCEMENT AND THE BOARD IS GOING TO NEED JUST, JUST TO KNOW THAT THE BASICALLY THE ENTIRE INTERIOR OF THE BUILDING IS GOING TO BE THAT FITNESS FACILITY. YEAH, EXACTLY. IT'S ONLY FOR ONE TENANT OF WHICH THIS TENANT, THIS HAS TAKEN SUCH A LONG TIME THAT THEY ACTUALLY OPENED UP IN ORCHARD PARK. SO MY ORIGINAL TENANT IS NO LONGER HERE, BUT THERE IS INTEREST IN A PRIVATE FACILITY. SO I JUST WANT TO MAINTAIN THAT. BUT THERE'S NO ACTIVE LEASE ANYMORE. THAT'S GONE. SO BASED ON THAT, THERE'S NOT MUCH WE CAN DO. I MEAN, THAT'S WHAT WE NEED IS THE INSIDE, THE LAYOUT. SO HE WOULD HAVE HOW LONG BEFORE HE CAN GET A TENANT. IS IT WE. BUT JOSH WHY DO WE NEED TO SEE THE INTERIOR LAYOUT. WHY DOES THE PLANNING BOARD NEED TO SEE THE INTERIOR LAYOUT? IF WE KNOW THAT THERE'S NOT GOING TO BE ANY SITE PLAN CHANGES? I MEAN, IF THE SURVEY WORKS FOR YOU AS TO TREAT THAT AS THE SITE PLAN, I MEAN, WHO'S REALLY GONNA BE IMPORTANT FOR US? OBVIOUSLY CODE ENFORCEMENT, BUT IF YOU WANT TO TREAT THE THE SURVEY KNOWING THAT NOTHING INTERIOR IS GOING TO CHANGE OTHER THAN OBVIOUSLY THE ENTIRE BUILDING WILL BE USED AS THE FITNESS FACILITY, IT'S WHATEVER THE BOARD WANTS TO TREAT AS THE APPROVAL OF THE BECAUSE THIS IS TECHNICALLY CHANGE OF USE AND SITE PLAN APPROVAL. SO WHATEVER THE BOARD FEELS COMFORTABLE WITH APPROVING IS WHAT YOU CAN GO FORWARD WITH. IF YOU RECALL, WHEN WE DID THE CHANGE OF USE FOR THE OFFICE BUILDING AT WEST AVENUE, WE HAD A SURVEY THAT THEY JUST MARKED UP AND SAID, HERE'S WHERE THE OFFICE SPACE IS GOING TO BE WITHIN THE INTERIOR OF THE BUILDING. AND THAT'S WHAT WE APPROVED AND THAT GOT SENT TO CODE ENFORCEMENT. SO THAT'S TYPICALLY WHAT WE'VE DONE FOR THESE TYPE OF. THIS IS A UNIQUE TYPE OF PROJECT BECAUSE IT'S NOT, YOU KNOW, OUR TYPICAL SITE PLAN THAT HAS ELEVATIONS AND, YOU KNOW, RENDERS. IT'S JUST USING THE INTERIOR SPACE. BUT IT'S WHATEVER THIS BOARD FEELS COMFORTABLE WITH APPROVING. AS THE CHANGE OF USE AND THE SITE PLAN APPROVAL FOR THE PROJECT. I WOULD RECOMMEND MEMBER MCCORMACK HERE THAT WE HAVE SOMETHING THAT SHOWS THAT HE'S PROPOSING THAT BE A GYM FACILITY AND NOT A WAREHOUSE, JUST SO THAT THERE'S SOME SORT OF DIAGRAM THAT BACKS UP RECOGNIZING. I AGREE WITH YOUR YOUR FEEDBACK, AND WE NEED SOMETHING THAT SHOWS THAT THAT'S A, THAT THAT WHOLE THING IS PROPOSED AS A GYM. SOMETHING ON RECORD. YEAH. ISN'T BY VIRTUE OF THIS DISCUSSION, THE RECORD THAT THE BUILDING THAT'S DEPICTED OF THE IMAGE, BUILDING ON THE PROJECT RECORD IS TO BE A FULL WAREHOUSE OR NOT A WAREHOUSE ANYMORE, AND A GYM FACILITY. I THINK IT MAKES IT DIFFICULT TO NOT HAVE A FILE THAT HAS A MAP THAT SAYS, THIS IS THE GYM. LIKE FOR IF SOMEONE EIGHT YEARS FROM NOW FROM CODE ENFORCEMENT HAS TO GO OUT, THEY NEED A PIECE OF PAPER TO REFER BACK TO IS WHAT I WOULD SUGGEST. I'M NOT COMFORTABLE APPROVING JUST THIS. I AGREE WITH MEMBER MCCORMACK. I THINK WE NEED SOMETHING A LITTLE MORE SPECIFIC AND A LITTLE MORE DETAIL. I'D LIKE TO KNOW ABOUT THE PARKING AND ABOUT I. I WOULD LIKE IT SPELLED OUT A LITTLE MORE. THAT'S ME. I DON'T KNOW WHERE THE OTHER BOARD MEMBERS ARE, SO IF ANYBODY ELSE HAS ANY OTHER COMMENT. CHAIR, THAT'S AN EXCELLENT POINT ABOUT PARKING. AND IF YOU HAVE MORE THAN ONE CLIENT IN THERE AT THE TIME, I THINK THAT MAKES A REALLY EXCELLENT POINT. HOW ARE CLIENTS AT THE GYM GOING TO GET IN AND OUT IF THEY'RE DOING TRAINING OR FITNESS CLASSES? HOW MANY? WELL, EVEN IF YOU HAVE LIKE A DANCE CLASS OR SOMETHING AND IT'S IN THERE, IT DOESN'T LOOK LIKE THERE'S ENOUGH AREA FOR MORE THAN A COUPLE OF CARS. SO I THINK I WOULD I ACTUALLY THAT PARKING LOT'S VERY LARGE. THE PARKING LOT IS VERY LARGE. WELL, WE DON'T KNOW. THAT'S WHAT I'M SAYING. WE DON'T KNOW THAT. YEAH. THAT'S TYPICALLY ON A SITE PLAN. YOU WOULD HAVE A LOT THAT SHOWS THE STRIPING FOR ALL THE PARKING SPACES AND WILL IF NEEDED, DEMONSTRATE LIKE THE FLOW IN THE LOT. WE COULD PROBABLY PULL UP OR JOSH COULD PROBABLY REFER TO YOU SOME ON THE WEBSITE FROM RETAIL LOTS COMMERCIAL LOTS DEVELOPMENT.TYPICALLY YOU'D YOU'D INDICATE HOW MANY PARKING SPACES THERE ARE. IF THERE'S A HANDICAP SET, SPOT ALL THAT ON A SITE PLAN. MR. BROCK, DO YOU HAVE A SITE PLAN FOR YOU? OBVIOUSLY HAVE GOTTEN 6302 MONKTON DRIVE APPROVED BY THE PLANNING BOARD. OH, YES. DO YOU HAVE A SITE PLAN FROM WHEN YOUR WAREHOUSE BUILDING WAS APPROVED THAT YOU COULD TAKE AN UPDATE TO SAY, YEAH, YOU ALSO HAVE A SITE PLAN THAT WAS DONE IN. LET'S SEE. WE BUILT THE OTHER WAREHOUSE WHICH IS SHOWN THERE. THAT WAS ALL THROUGH ALL THIS PROCESS SHOWS ALL THE PARKING SPOTS, SHOWS THE TYPE OF TREES THAT WERE PLANTED. OKAY, I THINK NOT TO SPEAK FOR THE BOARD. WHAT THEY WOULD WANT TO SEE IS TAKE THAT EXACT SITE PLAN FROM WHENEVER THAT WAS APPROVED. YEAH, IT SHOWS THE PARKING. I WAS LOOKING FOR THAT ONE. I KNOW YOU GUYS HAD MULTIPLE COPIES, YOU KNOW, FOR THAT. OKAY. BUT WE CAN I, I DON'T HAVE THE ORIGINAL ANYMORE. OKAY. WE CAN, BUT THAT'S THAT IS THREE YEARS OLD, SO IT'S. I KNOW YOU GUYS HAVE IT. OKAY. I CAN TAKE A
[01:00:03]
LOOK AT OUR PREVIOUS FILE, MAKE A COPY FOR YOU. BUT ON THAT SITE PLAN, JUST MAKING SURE THAT THE PARKING IS SITUATED, SHOWING THE ROADS AND SHOWING THAT THE INTERIOR OF THE BUILDING IS JUST GOING TO BE GYM SPACE, WHETHER IT'S A LABEL OR WHATEVER THIS BOARD FEELS COMFORTABLE WITH, SO THAT THEY KNOW THAT THE WAREHOUSE IS GOING TO BE A GYM WHERE THE PARKING IS GOING TO BE, AND THEN SUBMITTING THAT, I THINK WILL SUFFICE FOR FOR THIS BOARD, FOR THE SITE PLAN APPROVAL ASPECT. JUST TO CLARIFY, MAYBE I CONFUSED MYSELF. THE POLE BARN IS THE STORAGE IN THE ONE STORY A FRAME IS THE GYM. OR DID I GET THAT BACKWARDS? THERE'S NO THERE'S NO POLE ON THE SURVEY. IT'S A PROPOSED POLE BARN. NO, THERE THERE IS ONE. THAT'S THE 2014. RIGHT. SO IT'S THE A FRAME, THE ONE STORY A-FRAME I THINK LABELING WHICH ONE WE'RE TALKING ABOUT IS THIS USE ON HERE. BECAUSE THE THE PROPOSED POLE BARN IS IN PLACE.IT'S NOT PROPOSED ANYMORE. SO WE SHOULD PROBABLY UPDATE THAT TO EXISTING POLE BARN AND THAT THE ONE STORY FRAME BUILDING IS THE COMMERCIAL SPACE. THAT'S. I READ THE SURVEY WRONG. I YEAH, I THINK WE DO NEED CLARIFICATION WITH INDICATING THAT IT'S GOING TO BE ALL FITNESS IS ALL IT'S BEING ASKED FOR. SO I CAN GET YOU A COPY OF YOUR PREVIOUS SITE PLAN, AND THEN IT'LL JUST BE ON YOU TO MAKE SURE THAT IT'S UPDATED WITH WHAT THE BOARD IS ASKING FOR, SHOWING THE EXISTING PARKING, WHICH HOPEFULLY HASN'T CHANGED SINCE THREE YEARS AGO.
IT WAS PAVED THREE MONTHS AGO, SO THAT THAT'S PRETTY MUCH IT. WHETHER IT'S A LABEL, HOWEVER YOU WANT TO DO IT, EXPLAINING THAT IT'S GOING TO BE INDOOR FITNESS FACILITY AND JUST SHOWING WHERE ON THE SURVEY OR WHERE ON THE SITE PLAN THE BUILDING. THAT'S GOING TO BE THE GYM AND THAT'S WHAT THEY'RE ASKING FOR. OKAY, OKAY. AND YEAH, YOU YOU PROBABLY HAVE THE BEST GET YOU A COPY OF THE SITE PLAN. OKAY. AND DO WE HAVE ROOM FOR HIM ON THE 17TH THEN? HE WAS NOT A PART OF THE ORIGINAL SEVEN. WHO'S COMING TO SEE US ON THE 17TH? WE GOT A LOT OF PEOPLE COMING ON THE I CAN TELL YOU ON THE 17TH RIGHT NOW, OUR ANDERSON'S 5400 SOUTHWESTERN BOULEVARD, THE PARKER ROAD WETLANDS UPDATES, THE WETZEL WETLAND UPDATES AND WHERE THEY ARE IN THE PROCESS. BRANDON SANTA AT 3401 LAKESHORE ROAD, THE CEDAR VALLEY TWO LOT MINOR SUBDIVISION. SPLITTING OFF THAT LOT. I GOT A ON THE WORK SESSION. WILL BE A RE-APPROVAL FOR 5110 CAMP ROAD, AND THEN WE BOOKED IN THE THE OAKS AT SOUTH PARK FENCE REMOVAL. SO THOSE ARE SEVEN. WILL YOU BE READY BY THE 17TH? WE HAVE THE PAPERWORK READY BY THE 17TH. YEAH. IT'S JUST ALL RIGHT. WE HAVE THAT. JUST THE COPY AND THEN YOU WANT SOME WHAT? DUMBBELLS LOCATIONS.
SO IF YOU CAN IF THAT'S IF YOU CAN HAVE IT TO JOSH FOR THE 17TH, THEN WE'LL ADD HIM AND THEN CLOSE THE AGENDA AFTER THAT OKAY. OKAY. AND YOU'RE SCHEDULING A PUBLIC HEARING FOR THAT BECAUSE WE NEED A PUBLIC HEARING FOR THE CHANGE OF USE AND SITE PLAN APPROVAL FOR THE 17TH. YES. OKAY. THANK YOU FOR THAT CLARIFICATION. BUT AT LEAST WE'LL HAVE THE DRAWING.
AND THEN IF IF WE HAVE A PUBLIC HEARING, PEOPLE WILL BE ABLE TO SEE WHAT IT IS THAT WE'RE TALKING ABOUT. GOT IT. OKAY, OKAY. THANK YOU. WE'LL SEE YOU BACK HERE ON THE 17TH AT. FOR SOME REASON YOU CAN'T GET THAT PAPERWORK. PLEASE LET JOSH KNOW. OKAY. THANK YOU. OKAY. WE DON'T HAVE ANY MINUTES. CORRECT. I MISSED THAT, JOSH, I COULDN'T I DID HAVE A PROBLEM. I NORMALLY DON'T, BUT FOR SOME REASON I COULDN'T GET INTO THE SHAREPOINT FROM THE EMAIL. AND THEN WHEN I DID GET INTO THE SHAREPOINT, I COULDN'T OPEN THE LAST CASE AT ALL. YEAH, I HAD TO I HAD TO SEND A A NEW EMAIL WITH MR. BROCK'S PROJECT BECAUSE IT LINKED TO PLEASANT AVE. SO I SENT TODAY THE SHAREPOINT SHOULD HAVE BEEN WORKING FINE. I DIDN'T HEAR ANY OTHER ISSUES. YEAH, UP UNTIL THIS POINT, THE LATER EMAIL THAT YOU SENT I COULDN'T OPEN AT 3:00. YEAH, THAT EMAIL I COULDN'T EVEN GET INTO. I'VE GOT IT HERE. I COULDN'T EVEN OPEN IT. OKAY. SO I DON'T KNOW WHAT'S GOING ON, BUT AT ANY RATE, I GOT THROUGH THE MEETING.
OKAY. ALRIGHT. SO DO WE HAVE ANYTHING ELSE? NOTHING ELSE. I'M LOOKING FOR A MOTION. I MAKE A MOTION TO ADJOURN. SECOND, IT'S BEEN MOVED. AND SECOND, ALL THOSE IN FAVOR
* This transcript was compiled from uncorrected Closed Captioning.