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[00:02:17]

IN PRIVATE RECREATION, PARKLAND, THINGS OF THAT, OF THAT NATURE GARDENS. SO ESSENTIALLY WHAT WE'RE TRYING TO DO IS KEEP THOSE BALL FIELDS THAT ARE BEHIND THAT SCHOOL RIGHT NOW AND OPEN LAND. WE'RE TRYING TO REMOVE ANY POSSIBILITY OF THERE BEING ANY DEVELOPMENT OR APARTMENTS IN THAT AREA OF WOODLAWN. WHEN WE DID THE LTP PUBLIC MEETINGS, WE SPOKE TO A NUMBER OF RESIDENTS IN WOODLAWN WHO DIDN'T WANT ANY MORE DEVELOPMENT, ESPECIALLY ON THAT SIDE OF THE STREET. SO WHAT WE'RE LOOKING TO DO IS TAKE THOSE TWO PROPERTIES AND REZONE THE PR, AND THEN ONE OF THE PROPERTIES IS OWNED BY THE FIRE COMPANY. WE DID REACH OUT TO THEM AND WE DIDN'T HEAR ANY COMMENT BACK ABOUT THAT. SO THOSE THREE PROPERTIES IN WOODLAWN ARE CURRENTLY ZONED R-3, MEANING THEY COULD BE APARTMENTS. WE'RE TAKING THEM AND REZONING THEM TO PR TO KEEP THEM BALL FIELDS, OPEN LAND, SO ON AND SO FORTH. THE NEXT PROPERTY IN QUESTION IS OVER IN HOOVER BEACH. IT'S THE SITE OF THE FORMER SKATE PARK RIGHT NOW.

THERE'S SKATE PARK EQUIPMENT, FORMER SKATE PARK EQUIPMENT ON THERE, AND THERE'S WASTEWATER TREATMENT PLANT FACILITIES THAT ARE ON THAT PIECE OF PROPERTY. I KNOW THERE'S BEEN A NUMBER OF QUESTIONS ON WHO OWNS THAT PROPERTY, WHAT IS ITS OWN, WHAT COULD IT BE? THAT PROPERTY RIGHT NOW IS ZONED R-2, MEANING THAT SINGLE FAMILY HOMES OR DUPLEXES COULD BE ON THAT PIECE OF PROPERTY. IT'S OWNED BY THE TOWN. SO WHAT WE'RE DOING IS WE'RE ALSO REZONING THAT TO THE PR DISTRICT SO THAT IT COULD BE A SKATE PARK AGAIN, OR IT COULD BE A RECREATIONAL AREA, OR IT COULD BE WHATEVER THE TOWN WANTS TO DO WITHIN THAT, THAT DISTRICT. SO WE'RE REMOVING IT FROM R-2 AND WE'RE REZONING IT TO PR. THAT PROPERTY IS TOWN OWNED. THEN WE'RE GOING TO HAVE SOME PROPERTIES DOWN IN ATHOL SPRINGS AT THE CORNER OF SAINT FRANCIS DRIVE AND CAMP ROAD.

THERE ARE A NUMBER OF PROPERTIES. THESE ARE THE ONLY PROPERTIES IN THIS REZONING THAT ARE PRIVATE PROPERTY. SO ONE OF THEM OUR SELLER'S INSURANCE, IF YOU KNOW WHERE THAT IS BY BEACH AVENUE. RIGHT NOW SELLER'S INSURANCE IS ZONED C3. C3 IS THE OFFICE DISTRICT.

LITERALLY THE ONLY THINGS THAT ARE ALLOWED IN THE OFFICE DISTRICT ARE OFFICES, SOME OTHER SMALL USES, BUT THAT'S THE PRIMARY USE THAT'S ALLOWED IN THE OFFICE DISTRICT. BY TAKING SELLER'S INSURANCE AND REZONING IT TO NEIGHBORHOOD COMMERCIAL. ONE OF THE USES IN NEIGHBORHOOD COMMERCIAL LITERALLY SAYS INSURANCE OFFICE. SO SELLER'S INSURANCE BY BEING REZONED TO NEIGHBORHOOD COMMERCIAL, WE'LL BE ABLE TO KEEP THEIR USE AND IT'LL ACTUALLY BE A PERMITTED USE IN THAT DISTRICT. ALL OF THE OTHER PROPERTIES OVER IN ATHOL SPRINGS BY SAINT FRANCIS DRIVE AND CAMP ROAD, ARE EITHER ZONED C3 RIGHT NOW. SOME OF THEM ARE SINGLE FAMILY HOMES WHERE REZONING THEM TO R-1. RIGHT NOW IN C3, A HOME IS NOT A PERMITTED USE. BY REZONING THEM TO R-1, THOSE HOMES WILL NOW BE A PERMITTED USE. THEY SHOULDN'T HAVE ANY ISSUES WITH GETTING A MORTGAGE OR SELLING THEIR HOUSE DOWN THE LINE. AND THEN THERE'S ONE HOME THAT IS ZONED C3 THAT REZONING THE NEIGHBORHOOD COMMERCIAL. WE LOOKED IT UP AND IT SAID IT WAS A WINDSURFING STORE. SO IN THAT NEIGHBORHOOD COMMERCIAL, YOU CAN DO YOU CAN

[00:05:02]

HAVE A HOME, BUT YOU CAN ALSO HAVE LIKE A HOME OCCUPATION BUSINESS. SO BY REZONING IT TO NC, THEIR HOUSE WILL BE ALLOWED, BUT ALSO THEIR BUSINESS THAT THEY'RE OPERATING OUT OF THEIR HOUSE WILL ALSO BE ALLOWED. SO THOSE ARE ALL OF THE AREAS THAT ARE IN WHAT'S CALLED SUBAREA ONE. SUBAREA ONE IS FROM THE CITY OF LACKAWANNA BORDER ALL THE WAY DOWN TO ATHOL SPRINGS.

THOSE ARE ALL THE REZONINGS FROM THERE. ONE THING THAT I ALSO MENTIONED THAT'S ALSO BEING REZONED IS THERE'S A PIECE OF PROPERTY THAT WAS OWNED BY THE TOWN'S IDA. IT'S ON ACROSS FROM THE GATEWAY BUILDING ON THE OTHER SIDE OF THE MILE STRIP EXPRESSWAY. IT'S SOUTH OF A PRIVATE PROPERTY THAT WAS INCLUDED AT ONE POINT. THAT OWNER HAS SINCE SUBMITTED A APPLICATION FOR AN INDUSTRIAL BUILDING COMPLEX ON HIS PIECE OF PROPERTY. SO HE'S GOING TO STAY M3. WE'RE NOT GOING TO REZONE IT. THE PROPERTY THAT'S SOUTH OF IT THAT WAS OWNED BY THE IDA, I BELIEVE WAS SOLD TO THE OWNER OF THE GATEWAY BUILDING NOW. BUT WE KNOW THAT THERE'S A TON OF WETLANDS ON THAT SITE. ACCESS IS REALLY AN ISSUE. SO WE'RE REZONING IT TO PR TO KEEP IT RECREATIONAL IN NATURE FOR THAT PRIVATE OWNER. IF HE WANTS TO TURN IT INTO A RECREATIONAL USE THAT SUPPLEMENTS THE GATEWAY BUILDING, HE'S FREE TO DO SO.

WE'RE RECOMMENDING THAT THAT PIECE OF PROPERTY, BECAUSE THERE'S SO MANY WETLANDS ON IT, BE REZONED TO THE PR DISTRICT. AND THEN THE LAST ONE THAT I'LL MENTION FOR TONIGHT, THIS IS THE ONE THAT I THINK GOT THE MOST LETTERS I KNOW. I SPOKE TO A LOT OF PEOPLE OVER ON EAST EDEN ROAD BY TAYLOR ROAD, NORTHAMPTON BROOK DRIVE, HAMPTON BROOK WOODS, WHICH IS FOUR PARCELS. IT'S A STATE OWNED PROPERTY. IT'S A WILDLIFE MANAGEMENT AREA RIGHT NOW IN THE TOWN. IT'S ZONED RA, WHICH IS RESIDENTIAL, AGRICULTURAL. WHAT THAT MEANS IS TECHNICALLY, IF THE STATE EVER SOLD IT OR IF IT TRANSFERRED IT TO THE TOWN, OR SOMEHOW A PRIVATE DEVELOPER OWNED THAT PROPERTY, THEY COULD PUT SUBDIVISIONS IN THERE. THEY COULD DEVELOP IT FOR HOMES. YOU CAN PUT A CHURCH, A CEMETERY IN RA WHERE REZONING THAT PIECE OF PROPERTY TO PR AS WELL, BECAUSE THE WILDLIFE MANAGEMENT AREA IS RECREATIONAL IN NATURE, PEOPLE WILL BE ABLE TO CONTINUE TO HUNT. THERE WILL BE NO CHANGES. THERE WILL BE NO ADDED DEVELOPMENT TO THAT AREA. IT'S GOING TO STAY EXACTLY WHAT YOU SEE TODAY, BUT REZONING IT TO PR TO MATCH A LOT OF THE PARKS THAT ARE ON THE OTHER SIDE OF 18 MILE CREEK, LIKE 18 MILE COUNTY PARK, THAT'S ZONED PR RIGHT NOW. SO WE'RE MATCHING A LOT OF THE ZONING OF WHAT'S GOING ON. SO QUICK SUMMARY.

NONE OF THE REZONINGS ARE ADDING DEVELOPMENT. THERE'S NO NEW APARTMENTS OR CAR WASHES OR ANY OF THE SORT BEING ADDED TO THE. WHAT WE'RE TRYING TO DO IS LOOK AT AREAS IN THE WATERFRONT THAT ARE CURRENTLY ZONED THAT ARE EITHER MISS ZONED OR ARE NOT THE CORRECT ZONING. WE'RE TRYING TO CAPTURE SOME OF THE OPEN LAND AND RECREATIONAL USE WITHIN THE WATERFRONT DEVELOPMENT, AND MAKE SURE THE ZONING SPEAKS TO THAT. AND THEN THERE ARE SOME HOMES, AND THERE ARE SOME PRIVATE DEVELOPMENT THAT'S IN THE WATERFRONT THAT CURRENTLY ISN'T ZONED CORRECTLY.

AND ALL WE'RE TRYING TO DO IS MAKE SURE THAT THOSE HOMES ARE ZONED CORRECTLY IN THE FUTURE.

AND THEN THERE ARE SOME HOME OCCUPATIONS, BUSINESSES, AND AN INSURANCE PLACE WHO DOESN'T HAVE THE CORRECT ZONING. AND THEY'RE GOING TO CONTINUE TO BE ABLE TO DO WHAT THEY WANT TO DO WITH THE CORRECT ZONING GOING FORWARD. AND THEN WE'RE TAKING A LARGE RECREATIONAL AREA THAT'S OWNED BY THE STATE AND IN THE TOWN'S EYES, JUST REZONING IT TO PR TO MAKE SURE THAT IT STAYS THAT RECREATIONAL USE GOING FORWARD. THOSE ARE ALL THE REZONINGS THAT'S BEFORE THE PUBLIC HEARING. I THINK IT'S FIFTH IN LINE, BUT IF THERE ARE ANY QUESTIONS FROM ANYBODY WHO RECEIVED A LETTER THAT WAS 500FT, ONCE AGAIN, THERE'S NO NEW DEVELOPMENT.

NOBODY'S PROPERTY SHOULD CHANGE. NOBODY'S PROPERTY VALUE SHOULD CHANGE. THAT'S NOT THE POINT OF THESE REZONINGS. IT'S REALLY TO LOOK AT THE WATERFRONT AND A COHESIVE MANNER AND CHANGE THE ZONING ACCORDINGLY. SO I'LL TAKE ANY QUESTIONS AFTERWARDS DURING THE PUBLIC HEARING. OR IF YOU WANT TO SEE ME AFTER THE MEETING IS OVER, FEEL FREE TO GIVE ME A SHOUT. JOSH. THANKS.

JOSH. JOSH. THERE'S ONE THING I DID WANT TO SAY. MR. BY THE WAY, YOU ALWAYS DO A FANTASTIC JOB AND I APPRECIATE YOUR PRESENTATION. SO I DIDN'T KNOW THIS UP UNTIL A COUPLE YEARS AGO. WHEN THERE'S A PUBLIC HEARING, IT DOESN'T MEAN THAT ANYTHING'S GOING TO BE DECIDED TODAY. IT MEANS THAT IT'S A PUBLIC HEARING SO THAT PEOPLE CAN GIVE THEIR INPUT TO THE TOWN BOARD, AND THEN WE CAN TAKE THE INPUT AND MAKE A DECISION. AND I SAY THAT BECAUSE I DIDN'T KNOW THAT YEARS AGO, I CAME BEFORE PLANNING BOARD OR TOWN BOARD AND THOUGHT THAT THE PUBLIC HEARING MEANT THAT THIS WAS GOING TO HAPPEN. AND ALL IT MEANS IS THAT IT'S YOUR OPPORTUNITY TO SPEAK ON THESE ISSUES. AND THEN AT A LATER DATE, THERE MAY OR MAY NOT BE A CHANGE TO THE TO THE LAW. BUT I POINT THAT OUT FOR EVERYONE'S INFORMATION. THANK YOU. YOU MAY WANT TO DO A PLEDGE. ALLEGIANCE. THANKS, JOSH. OKAY, SO START

[1. Roll Call]

THE REGULAR MEETING. SUPERVISOR OGINSKI, PRESENT. COUNCIL MEMBER CAROL LAWRENCE, PRESENT.

COUNCIL MEMBER. COMERFORD PRESENT. COUNCIL MEMBER. COUNCIL HERE. COUNCIL MEMBER.

BUKOWSKI HERE. ALL PRESENT. OKAY. STAND FOR THE PLEDGE TO THE FLAG. PLEDGE 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. IF EVERYONE WOULD REMAIN STANDING

[00:10:02]

FOR JUST A MOMENT, FOR A MOMENT OF SILENCE, FOR OUR ACTIVE MILITARY AND ALL THOSE WHO GAVE THE ULTIMATE SACRIFICE. THANK YOU. AND IF I COULD POINT OUT THAT WE HAVE AN EMERGENCY EXIT ON THE SIDE AND IN THE BACK, PLEASE CHECK YOUR CELL PHONES. MAKE SURE THEY'RE ON VIBRATE.

[3. Minutes of Previous Meeting]

MINUTES OF PREVIOUS MEETING. RESOLVED. TOWN BOARD DOES HEREBY APPROVE THE MINUTES OF THE PREVIOUS MEETING AS FOLLOWS OCTOBER 6TH, 2025. SO MOVED SECOND. ALL IN FAVOR? AYE.

CARRIED. PUBLIC HEARING APPLICATION TO ESTABLISH LANDMARK DESIGNATION FOR THE

[4.1. Public Hearing-application to establish landmark designation/Bay View Hotel]

BAYVIEW HOTEL. NOTICE IS HEREBY GIVEN TO TOWN BOARD OF THE TOWN OF HAMBURG. WILL HOLD A PUBLIC HEARING ON DECEMBER 8TH AT 7:00 AT HAMBURG TOWN HALL, 6100 SOUTH PARK AVENUE, HAMBURG, NEW YORK. TO CONSIDER THE APPLICATION TO ESTABLISH HISTORIC LANDMARK DESIGNATION OF THE BAYVIEW HOTEL PURSUANT TO CHAPTER 31 OF THE HAMBURG CODE ENTITLED TOWN OF HAMBURG HISTORIC PRESERVATION COMMISSION. THE PUBLIC HEARING IS NOW OPEN. GOOD EVENING. GOOD EVENING. WE'VE PREPARED A. CAN YOU PLEASE STATE YOUR NAME FOR THE RECORD? YES, MY NAME IS BOB OR ROBERT. IF YOU WANT TO DO THE FORMAL. I'M SORRY, I'M NOT USED TO A MICROPHONE. OKAY, SO WE'VE PREPARED A POWERPOINT FOR. THE DESIGNATION. HOPEFULLY WE'LL PROVIDE ENOUGH INFORMATION TO SUPPORT THE DESIGNATION. YES. GO AHEAD. GOOD EVENING. MY NAME IS LAURA HAHN. I'M CO-CHAIR ON THE PRESERVATION COMMISSION, AND OUR BOARD MEMBERS ARE HERE. I'D LIKE YOU TO JUST STAND UP. SO. MOST OF THEM ARE HERE. TOWN HISTORIAN JAMES BAKER. WE'RE GOING TO PRESENT OUR POWERPOINT. AND WE PUT A LOT OF TIME AND EFFORT INTO THIS AND WE HOPE IT SHOWS. THANK YOU. SO WE BEGIN WITH THE THE PICTURE OF THE BAYVIEW AS IT WAS AND 1875. AND THE WAY IT APPEARS NOW IS KNOWN AS THE COWBOY ON THE LAKE. IF WE COULD GO TO THE SECOND SO STATED IN THE LAW, SECTION 31 THREE, OUR PURPOSE AS A MATTER OF PUBLIC POLICY, THE PROTECTION, ENHANCEMENT, AND PERPETUATION OF LANDMARKS AND HISTORIC DISTRICTS IS NECESSARY TO PROMOTE THE ECONOMIC, CULTURAL, EDUCATIONAL, AND GENERAL WELFARE OF THE PUBLIC.

THE NATIONAL PARK SERVICE AND STATE PRESERVATION OFFICE LEAVE LOCAL LANDMARKING TO THE LOCAL COMMISSION. THE HAMBURG HISTORIC PRESERVATION COMMISSION MAKES THE RECOMMENDATION TO THE TOWN BOARD FOR THE FINAL DETERMINATION. ON OCTOBER 22ND, 2025, HAMBURG HISTORIC PRESERVATION COMMISSION, WHICH WILL NOW BE KNOWN AS H.H. HELD A PUBLIC HEARING TO LISTEN TO POSITIVE AND OR NEGATIVE COMMENTS CONCERNING THE DESIGNATION OF 3800 HOOVER ROAD. THE BAYVIEW HOTEL, SBL 159 11 ONE ONE. AS A LOCAL LANDMARK, THE ONLY OPPOSITION TO THE BAYVIEW'S DESIGNATION WAS PRESENTED BY THE OWNER, ELLICOTT DEVELOPMENT LLC, OR EDC, H.H. CITES SECTION 31 SIX DESIGNATION OF HISTORIC LANDMARK SITES AND DISTRICTS A. THE COMMISSION MAY RECOMMEND DESIGNATION OF AN INDIVIDUAL PROPERTY AS A LANDMARK, SUBJECT TO TOWN APPROVAL IF IT NUMBER ONE IS ASSOCIATED WITH THE LIVES OF INDIVIDUALS OR PEOPLE OR EVENTS SIGNIFICANT IN THE NATIONAL, STATE, OR LOCAL HISTORY. BECAUSE OF A UNIQUE EXCUSE ME, NUMBER FIVE BECAUSE OF A UNIQUE LOCATION OR SINGULAR PHYSICAL CHARACTERISTIC, REPRESENTS AN ESTABLISHED AND FAMILIAR VISUAL FEATURE OF THE NEIGHBORHOOD. HER TIER FOUR WAS NOT INCLUDED IN THE LANDMARK APPLICATION FOR DESIGNATION, BUT H.H. BELIEVES THE CRITERIA WILL BE MET. SO THE FOLLOWING DOCUMENTATION EXCUSE ME DOCUMENTATION WILL SUPPORT CRITERIA ONE AND FIVE. SO IT'S KIND OF A TIMELINE THAT MOVES FROM PRESENT DAY TO LATER DAY. SO INITIALLY COWBOY ON THE LAKE, THE CURRENT OPERATORS OF THE BUILDING IN AN INSTAGRAM ACCOUNT FOR HALLOWEEN PRE-HALLOWEEN ADVERTISEMENT.

[00:15:05]

SPIRITS WITH SPIRITS AT ONE OF THE MOST HISTORIC LOCATIONS IN HAMBURG, COWBOY ON THE LAKE IS IT ONLY HISTORIC? ONE USES AN ADVERTISEMENT. THE AD UTILIZES RECOGNITION OF THE BAYVIEW HISTORIC LOCATION TO ATTRACT PUBLIC ATTENTION. THE NEXT SLIDE, SECTION 2.5 HISTORIC AND CULTURAL RESOURCES OF THE TOWN OF HAMBURG'S CURRENT 1987 AMENDED ON MAY 24TH, 2011.

LOCAL WATERFRONT REVITALIZATION PLAN, OR LW, STATES THE AMSTEL HOUSE, A FORMER STAGECOACH STOP ON ROUTE FIVE IN WANAKA, AND THE BAYVIEW HOTEL ARE HISTORIC STRUCTURES OF LOCAL SIGNIFICANCE, AND THE MAP INDICATES THAT LOCATION AS THE STAR A LITTLE BIT DIFFICULT TO SEE, BUT THE STAR WILL INDICATE WHERE THE BAYVIEW HOTEL IS LOCATED. TOWN OF HAMBURG.

WOODLAWN. GATEWAY BOA PLAN. BROWNFIELD OPPORTUNITY AREA STUDY WAS CENTERED ON NEW YORK STATE ROUTE FIVE CORRIDOR BETWEEN WOODLAWN AND ATHOL SPRINGS. ITS PRIMARY OBJECTIVES ARE TO ENHANCE ROUTE FIVE CONNECTIVITY, ECONOMIC DEVELOPMENT, WATERFRONT RENEWAL, AND COMMUNITY REINVESTMENT FOR THE SURROUNDING AREA. PAGES 84 TO 89 LISTS THE BAYVIEW HOTEL AS KEY HISTORICAL BUILDING AND OR BUILDING OF SIGNIFICANCE. AND AGAIN, THE PICTURE WILL SHOW YOU THE CURRENT COWBOY AND THE BAYVIEW AS IT APPEARED IN 1875. JULY 13TH, 1971 NEWSPAPER ARTICLE BUFFALO NEWS SESQUI TOUR, PARAGRAPH FIVE, NUMBER ONE BAYVIEW HOTEL. SINCE THE EARLY DAYS OF THE TOWNSHIP, THIS AREA HAS BEEN HISTORIC. NATHANIEL TITUS HAD A TAVERN HERE, WAS LATER BOUGHT BY ZENAS BARKER, AND THE AREA WAS KNOWN AS BARKERVILLE. IN 1814, IT WAS HAMBURG'S FIRST POST OFFICE. ZENAS BARKER WAS POSTMASTER. IN 1837 IT WAS COMSTOCK'S TAVERN AND FIGURED IN THE MACKENZIE REBELLION. JULY 31ST, 1958 ARTICLE APPEARED IN THE BUFFALO NEWS. THE PASSING AND FUNERAL SERVICES OF ALBERT KLESTIL. BORN IN BUFFALO, HE ATTENDED EMERSON VOCATIONAL HIGH SCHOOL, OPERATED THE BAYVIEW HOTEL FOR THE LAST 27 YEARS. HE WAS THE PROPRIETOR FOR THE HOOVER FAMILY. COMMUNITY NEWS. AN ARTICLE APPEARING IN THE SUMMER OF 1951 BEGINS BY NOTING THE 1805 TITUS TAVERN AS A SMALL CAVERN. EXCUSE ME. CABIN AND TAVERN WERE WEARY. TRAVELERS COULD GET A DRINK, A HOT MEAL, AND A BED. THE ARTICLE ALLUDES TO THIS SPOT WHERE, TWO DECADES LATER, HUNDREDS OF ARMED MEN MET AND ATTEMPTED TO LAUNCH AN INVASION OF CANADA DURING THE ILL FATED PATRIOTS WAR, BEFORE LOCAL MILITIA STOPPED THEM. ON A LIGHTER NOTE, THE ARTICLE RECALLS, IN THE SUMMER OF 1951, A BIG GOLDEN PALOMINO, AS THE PICTURE INDICATES, BELLIED UP TO THE BAR OF THE BAYVIEW. LAWRENCE POP HORNBERGER, A 26 YEAR OLD STEELWORKER AND WORLD WAR II VETERAN, WOULD IN HIS YOUNGER DAYS RIDE THAT PALOMINO ALL OVER HAMBURG. ON A NEFARIOUS NOTE ON MAY 24TH, 1909, ARTICLE IN THE BUFFALO COMMERCIAL DEPUTIES MADE RAID. THE ARTICLE RECOUNTS THE ALLEGED VIOLATORS OF THE SUNDAY CLOSING LAW AT THE BAYVIEW HOTEL, SEPTEMBER 22ND, 1906. HOT SPOT FOR BAYVIEW HOTEL, BUFFALO. COURIER-EXPRESS ARTICLE ACKNOWLEDGES THE PURCHASE OF THE BAYVIEW BY ASSEMBLYMAN CHARLES LYNCH, FORMER UNITED STATES MARSHAL JOHN KANE, WHO THEN WOULD UTILIZE THIS FOR A BASEBALL GAME AND A FISH FRY, AND WOULD HOPE FOR A LOT OF SUPPORT AND ATTENDANCE OF BUFFALO FRIENDS. MAY 27TH, 1903 ARTICLE IN THE BUFFALO COMMERCIAL NOTES. THE DA, THE DAUGHTERS OF THE AMERICAN REVOLUTION WOULD MARK GRAVES, ONE OF THE THREE REVOLUTIONARY WAR SOLDIERS GRAVES TO BE MARKED WAS ZENAS BARKER, ONE OF THE EARLIEST RESIDENTS OF ERIE COUNTY. THE NEXT TWO ILLUSTRATIONS PRESENT THE BAYVIEW HOUSE AS A REST STOP FOR THE RAMBLERS BICYCLE CLUB IN 1887, AND THE BAYVIEW HOUSE AS IT APPEARED IN 1881.

THE NEXT ONE INDICATES A BUFFALO SUNDAY MORNING NEWS, SUNDAY, AUGUST 1ST, 1875.

ARTICLE DESCRIBING THE PLAN THAT LEMUEL CROCKER IMPLEMENTED TO BRING THE BAYVIEW HOUSE INTO REALITY. LAKEFRONT, THE SUN AND ERIE COUNTY INDEPENDENT, MAY 13TH, 1993. THE CURRENT

[00:20:01]

BUILDING, AT 3800 HOOVER ROAD, WAS BUILT IN 1875 AS THE BAYVIEW HOUSE. IT WAS EXPANDED IN 1981. AN ADDITION WAS ADDED AT THE REAR IN 1993, AND AGAIN THE ARTICLE. THE TITLE NEW DOCK AT THE BAY OFFERS LAKEFRONT FUN, SUN AND FOOD. THE SITE HAS A LONG ASSOCIATION WITH HOSPITALITY IN THE TOWN AND WITH PROMINENT AREA RESIDENTS. IN THE EARLY 1800S, NATHANIEL TITUS BUILT A TAVERN WHEN PURCHASED BY ZENAS BARKER CIRCA 1814, BECAME THE BARKER HOTEL.

THE NAME CHANGED TO THE OLIVER HOTEL CIRCA 1854. FROM 1805 TO 2025, THIS LAKESHORE SITE PROVIDED LODGING AND DINING FOR AREA RESIDENTS AND VISITORS. SLIDE 16 TO 24 WILL HIGHLIGHT CRITERIA FIVE. DOCK AT THE BAY ENJOYS HAUNTINGLY RICH PAST IN THE DECEMBER 26TH, 1996 EDITION OF THE HAMBURG SUN, LEON KANTOR, ONE OF THE OWNERS OF THE BAYVIEW HOTEL AKA THE DOCK OF THE BAY AT THE TIME ON TOURING THE BUILDING STATED WITH WALLS MADE OF CEMENTED BOULDERS AND ROCKS. APPROXIMATELY HALF OF THE BASEMENT IS STILL PART OF THE ORIGINAL FOUNDATION, AND THE OTHER HALF ONE CAN SEE. THE SMOOTHER WALLS AND FLOOR WERE THE ADDITION WAS MADE AND THE LATTER PART OF THE 1800S. THE TIMELINE INDICATED EVENTS AND INDIVIDUALS ASSOCIATED WITH 3800 HOOVER ROAD SBL 159 11 ONE ONE FROM 2025 TO 1805, BEGINNING WITH TITUS BARKER TO LEMUEL CROCKER AND THE PRESENT DAY OWNERS. THE HISTORY SURROUNDING THE PROPERTY, THE PEOPLE, THE EVENTS, AND THE BAY VIEWS CONNECTION TO THEM IS CLEAR. ALTHOUGH THE TITUS AND BARKER BUILDINGS NO LONGER STAND, THREE FACTS ARE EVIDENT. THERE HAS BEEN A BUILDING AT 3800 HOOVER ROAD SINCE 1805. THE BUILDING THAT LEMUEL CROCKER RECONSTRUCTED AND OPENED IN JUNE OF 1875 AS THE BUILDING THAT WE KNOW TODAY AS THE BAYVIEW HOTEL. THE BUILDING AND ITS LOCATION REMAIN CONSTANT. THE FOLLOWING SEQUENCE OF MAPS WILL HELP TO ILLUSTRATE THIS. WE START WITH A MAP FROM 1909 INDICATING THE BAYVIEW HOUSE. AND AGAIN, IF YOU FOLLOW THE ARROW. I KNOW THE MAPS ARE A LITTLE BIT DIFFICULT BECAUSE OF THEIR SIZE, BUT THEY WILL INDICATE AS WE GO THROUGH THEM THE LOCATION OF THE BAYVIEW. 1866 JC OLIVER HOTEL. SAME BUILDING, DIFFERENT NAME, SAME LOCATION 1880 BAYVIEW HOUSE AGAIN. SAME LOCATION 1855 OLIVER HOTEL. 1854 THE OLIVER HOTEL. AND THEN WE'LL MOVE ON TO THE FAMILIARITY OF THE LANDMARK ITSELF, THE BAYVIEW HOTEL AT 3800 HOOVER ROAD HAS BEEN A FAMILIAR LANDMARK. EXCUSE ME? LANDMARK TO LOCAL RESIDENTS AND VISITORS TO THE AREA. FOR 150 YEARS. THE BUILDING HAS BEEN ALTERED OVER THE YEARS AND ITS FRONT FACADE EXPANDED IN 1981.

THROUGHOUT THAT TIME, IT RETAINED A FAMILIAR APPEARANCE. ITS BROAD WRAPAROUND PORCH AND HIGH MANSARD ROOF ARE DISTINCTIVE. THE MOST NOTABLE CHANGE CAME IN THE 1981 EXPANSION, A WRAPAROUND PORCH AND THE REPEATED DORMERS IN THE MANSARD ROOF LINE REMAINED AS FAMILIAR ELEMENTS OF THE ORIGINAL 1875 BUILDING. THE ORIGINAL DESIGN IS EASILY IDENTIFIED IN THE PHOTO OF THE 1981 EXPANSION. AGAIN AS A FAMILIAR LANDMARK, AND ITS CURRENT FORM, THE BAYVIEW 3800 HOOVER ROAD SBL 159 11 ONE ONE IS A VISIBLE PRESENCE ON THE LAKE, GOOD AS WELL AS THE EXCUSE ME, AS WELL VISIBLE FEATURE WHILE TRAVELING.

LAKESHORE ROAD OVERTURNS, AND WE HAVE THE PETITIONS HERE. AND ACTUALLY, THAT NUMBER LAURA WAS 441, SIGNED A PETITION ATTESTING TO ITS SIGNIFICANCE AS A LANDMARK. THE HAMBURG HISTORIC PRESERVATION COMMISSION AND THE TOWN HISTORIAN, JIM BAKER, HAVE DETERMINED THAT THE BAYVIEW AND THE PROPERTY HAVE MET THE CRITERIA FOR ELIGIBILITY AS A LOCAL LANDMARK. REASONS TO DESIGNATE THE BAYVIEW IS ASSOCIATED WITH LOCAL HISTORIC INDIVIDUALS AND HISTORIC EVENTS. NATHANIEL TITUS WAS ONE OF THE FIRST SETTLERS IN HAMBURG IN 1805, AND CONTRIBUTED TO THE FUTURE MIGRATION OF WESTWARD PIONEERS. THE FIRST POST OFFICE

[00:25:01]

IN HAMBURG WAS ESTABLISHED BY ZENAS BAKER IN 1814. AT THIS SITE, CALEB COMSTOCK PURCHASED THE TAVERN IN 1837. ON FEBRUARY 23RD, 1838, SOLDIERS OF THE LOWER CANADIAN REBELLION GATHERED AT COMSTOCK'S TAVERN. THE STATE MILITIA WAS CALLED TO DISPERSE THEM. THE BAYVIEW IS AN ESTABLISHED FEATURE OF THE NEIGHBORHOOD WAS BUILT IN 1875 ON THE SITE OF THE 1805 PIONEER TAVERN OF NATHANIEL TITUS. IT HAS BEEN A PROMINENT BUILDING AND GATHERING PLACE ON THE LAKE ERIE SHORE FOR MORE THAN 150 YEARS. THE LARGE SCALE OF THE BUILDING AND DISTINCTIVE STYLE MAKE IT NOTICEABLE NOT ONLY FOR TOWN OF HAMBURG RESIDENTS, BUT ALSO FOR TRAVELERS DRIVING ON ROUTE FIVE. LAKESHORE ROAD. THE BAYVIEW IS THE MOST RECOGNIZABLE BUILDING IN THE HOOVER BEACH COMMUNITY. THERE ARE NO OTHER BUILDINGS ON HAMBURG'S LAKESHORE THAT SHARE ITS PHYSICAL FEATURES. IN CONCLUSION, RECOMMENDS DESIGNATING 3800 HOOVER ROAD SBL 159. 11 ONE ONE. THE BAYVIEW HOTEL PROPERTY AS A LOCAL HISTORIC LANDMARK, WE ACKNOWLEDGE ELLICOTT DEVELOPMENT CORPORATION'S ATTENTION TO THE VIABILITY OF THE BAYVIEW AS A BUILDING DESERVING OF RESPECT AND A CONTINUED COMMUNITY PRESENCE.

THIS IS AN OPPORTUNITY TO FIND THE BALANCE BETWEEN PRESERVATION AND PROGRESS, AS WELL AS EMBRACING THE HISTORY OF THE TOWN OF HAMBURG. THIS BUILDING AND PROPERTY DESERVE RECOGNITION AND VALUE BEYOND A SIMPLE PLAQUE. HAMBURG HISTORIC PRESERVATION COMMISSION RESPECTFULLY REQUESTS THE LANDMARKING AND PRESERVATION OF THIS HISTORIC BUILDING, NOT ONLY FOR THE CURRENT GENERATION BUT FOR FUTURE GENERATIONS. I THANK YOU VERY MUCH FOR YOUR ATTENTION. GOOD PRESENTATION. THANK YOU. ANYBODY ELSE? I GUESS MR. HAWKINS IS GOING TO COME BACK ON. THANK YOU GUYS. OKAY. ANYBODY ELSE? WHAT ARE WE DOING? ANYBODY ELSE? WE HAVE? ONE PERSON SIGNED IN. MARGARET VANARSDALE. IF YOU'D LIKE TO SEE A SIGN IN SHEET, GO AHEAD WITH DEVELOPMENT. YES, SIR. GO AHEAD. THE MICROPHONE IS YOURS. THANK YOU. GOT HARD COPIES OF THE PRESENTATION YOU SHARED. YEAH. THANKS, JOSH. THANK YOU. THANK YOU SIR. THANK YOU.

THANKS, BRETT. SORRY. GOOD EVENING. CAN WE. OKAY. GOOD. GOOD EVENING. MY NAME IS TOM FOX. GOOD EVENING, BOARD MEMBERS. GOOD EVENING. I'M JOINED TONIGHT BY SHAWN HOPKINS, WHOM WE ALL KNOW AS WELL AS CAREY TRAINOR. SHE'S THE FOUNDER OF KTA PRESERVATION PRESERVATION SPECIALISTS. CAREY TRAINOR HAS BEEN WORKING IN THE FIELD OF HISTORIC PRESERVATION FOR MORE THAN 30 YEARS. IN ADDITION TO HER WORK AT HER FIRM, SHE HAS A DIVERSE BACKGROUND THAT INCLUDES WORKING IN THE PUBLIC AND PRIVATE SECTORS AS WELL AS IN ACADEMIA. CAREY IS QUALIFIED BY THE SECRETARY OF INTERIOR UNDER 36 CFR 61 AND 48 CFR PART 447389 FOR HISTORY, ARCHITECTURAL HISTORY, ARCHITECTURE, HISTORICAL ARCHITECTURE AND HISTORIC PRESERVATION. ON BEHALF OF THE PROPERTY OWNER, WE DO STRONGLY DISAGREE WITH THE PROPOSAL TO LANDMARK OUR PROPERTY, THE FORMER BAYVIEW HOTEL AT 3800 HOOVER ROAD. WITH ALL DUE RESPECT TO THE HPC AND THEIR EFFORTS TO DOCUMENT THE HISTORY OF THE BAYVIEW HOTEL PROPERTY, OUR ANALYSIS, AS CAREY WILL DETAIL, MAKES IT CLEAR THAT A LANDMARK DESIGNATION CANNOT BE SUPPORTED BASED ON THE CRITERIA LISTED IN THE TOWN OF HAMBURG.

CHAPTER 31, SECTION SIX. SUCH A LANDMARKING WOULD PROVIDE OR PUT AN UNDUE HARDSHIP ON THE

[00:30:07]

PROPERTY OWNER. ONE OF THE THINGS I'LL NOTE IN A CHRONOLOGY THAT I'LL GO THROUGH IN A MINUTE, IS THAT WE DID REACH OUT TO THE STATE HISTORIC PRESERVATION REGARDING THIS APPLICATION EARLIER THIS YEAR. THEY DID COMPLETE A DETERMINATION OF ELIGIBILITY FOR THIS PROPERTY IN TERMS OF NATIONAL REGISTER LISTING, AND THEY DETERMINED THAT THE PROPERTY IS INELIGIBLE BASED ON BASED ON NATIONAL OR FEDERAL STANDARDS FOR PRESERVATION.

ESSENTIALLY, WHAT THAT MEANS IS THAT THE PROPERTY WOULD BE INELIGIBLE FOR HISTORIC TAX CREDITS FOR FOR SUPPORT OF EXTERIOR CHANGES TO THE PROPERTY AND HAVING TO REDEVELOP THAT PROPERTY. IN TERMS OF THE THE FEDERAL STANDARDS FOR HISTORIC PRESERVATION, WHICH WE WOULD BE BOUND TO THROUGH A LOCAL LANDMARK STATUS. OKAY, SO NEXT, I JUST WANT TO WALK THROUGH THE CHRONOLOGY FROM THIS LANDMARK APPLICATION, SINCE IT'S BEEN BROUGHT TO OUR ATTENTION IN 2022. DECEMBER 27TH, 2022. AN INITIAL LANDMARK APPLICATION WAS FILED BY THE HPC HISTORIC PRESERVATION COMMISSION IN JANUARY 20TH OF 2023. WE RECEIVED A NOTICE OF PUBLIC HEARING TO BE HELD THAT WAS GOING TO BE IN MARCH 9TH, 2023 TO CONSIDER THAT PROPOSED LANDMARK APPLICATION. ON FEBRUARY 20TH, 2023, WE SUBMITTED A FORMAL LETTER OF OBJECTION TO THE LANDMARK APPLICATION TO THE HAMBURG TOWN CLERK, INCLUDING AN EXPERT EVALUATION THAT WAS PREPARED BY CARRIE TRAINOR, KTA PRESERVATION SPECIALIST, WHICH WAS DATED FEBRUARY 17TH OF 2023. THE ORIGINAL SCHEDULED HPC PUBLIC HEARING FOR MARCH 9TH, 2023 WAS CANCELED IN RESPONSE, AND SEVERAL FOLLOW UPS FROM MYSELF TO THE TOWN CLERK AT THAT TIME THROUGH 2023 AND THE YEAR OF 2024. REGARDING A RESCHEDULED PUBLIC HEARING ON THIS ITEM. BUT THERE WAS NO THERE WAS NO REPORT OF A RESCHEDULING. THEN WE JUMP TO MARCH OF 2025. MARCH 12TH, 2025. MISS LEONA ROCKWOOD OF THE HPC SUBMITTED AN INQUIRY THROUGH OUR ELLICOTT DEVELOPMENT COMPANY WEBSITE REQUESTING A MEETING WITH OWNERSHIP TO DISCUSS THE POSSIBLE DESIGNATION OF THE BAYVIEW HOTEL AS A HISTORIC LANDMARK. AFTER MAKING ITS WAY TO ME THROUGH THROUGH OUR CHANNELS AT THE OFFICE, I RESPONDED TO MISS ROCKWOOD LATER THAT MONTH, RECAPPING THE 2023 HISTORY AND REQUESTING A WRITTEN RESPONSE FROM THE HPC TO THE FEBRUARY 17TH, 2023 EXPERT EVALUATION THAT WE PROVIDED AT THAT TIME. PREPARED BY KTA PRESERVATION SPECIALIST. AFTER THAT TIME, I SENT SEVERAL FOLLOW UPS TO MISS ROCKWOOD. DIDN'T RECEIVE ANY RESPONSE TO THOSE. JULY 2ND, THEN 2025, I EMAILED MISS ROCKWOOD AS WHAT I JUST MENTIONED WAS A DETERMINATION OF NATIONAL REGISTER ELIGIBILITY. A DOE, WHICH WAS COMPLETED BY THE NEW YORK STATE PRESERVATION OFFICE HISTORIC PRESERVATION OFFICE SHIPPO ON JUNE 23RD, 2025, WHICH CARRIE AND SEAN ACTUALLY WILL FURTHER DETAIL IN A MINUTE. I SENT ADDITIONAL FOLLOW UPS TO MISS ROCKWOOD. AGAIN, NO RESPONSE. SEPTEMBER 9TH, 2025 WE RECEIVED NOTICE OF AN UPDATED APPLICATION FOR LANDMARKING OF THIS PROPERTY, WHICH FILED BY THE HPC. SEPTEMBER 18TH. WE RECEIVED A NOTICE OF PUBLIC HEARING FOR THE HPC'S PUBLIC HEARING, WHICH WOULD BE ON OCTOBER 21ST. OCTOBER 17TH. WE SUBMITTED. I'M SORRY. WE COMPLETED AN UPDATED EXPERT EVALUATION BY BY CARRIE TRAINOR IN RESPONSE TO THE UPDATED LANDMARK APPLICATION. OCTOBER 21ST, THE PUBLIC HEARING WAS HELD. I DID ATTEND. I DID EXPRESS OUR OBJECTION AT THAT TIME AS WELL. OCTOBER 24TH, 2025. WE SUBMITTED A FORMAL LETTER OF OBJECTION TO THE UPDATED LANDMARK APPLICATION. WE SENT THAT TO THE HPC WITH COPIES TO THIS BOARD. ALSO, THE HAMBURG TOWN CLERK AND THE HAMBURG PLANNING DEPARTMENT. AND I JUST WANT TO INVITE SEAN UP NOW JUST TO WALK THROUGH SOME OF THE HISTORY HERE THAT HE AND I HAVE BEEN WORKING ON WITH THE SHORELINE REVITALIZATION COMMITTEE AND THE PLANNING BOARD FOR THE LAST FEW YEARS. THANK YOU. YEAH. JUST HEAD OVER HERE. OKAY. YES. GOOD EVENING. SUPERVISOR AND MEMBERS OF THE TOWN BOARD, SEAN HOPKINS, ALSO BEHALF ON ON BEHALF OF ELLICOTT DEVELOPMENT.

SO ONE OF THE THINGS THAT'S COME UP IN CONNECTION WITH THIS SITE FOR THE PAST SEVERAL YEARS IS A LOT OF CONJECTURE AND RUMOR THAT THERE'S AN INTENTION TO KNOCK THAT EXISTING BUILDING DOWN. I WANT TO MAKE IT CLEAR THAT THAT IS SIMPLY NOT THE CASE. THERE IS ABSOLUTELY NO INTENTION, AND IN FACT, VARIOUS POTENTIAL REDEVELOPMENT PLANS FOR THE PROPERTY ACROSS THE STREET AND THE REMAINDER OF THIS PARCEL AT ALL TIMES HAVE SHOWN THAT BUILDING STAYING IN PLACE. SO I WANT TO MAKE THAT CLEAR. THIS IS NOT SOMETHING WHERE, HEY, IF THIS IS NOT DESIGNATED, NEXT DAY WE GO OUT, WE GET A DEMOLITION PERMIT AND WE KNOCK THE BUILDING DOWN.

[00:35:03]

THERE IS NO INTENTION. I WANT TO STATE AGAIN ON THE RECORD NO INTENTION TO DEMOLISH THE BUILDING. GO TO THE NEXT SLIDE. SO ONE OF THE IMPORTANT PIECES OF INFORMATION FOR THIS BOARD TO CONSIDER IS WHAT TOM INDICATED. THE REVIEW CONDUCTED BY THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION DATED JUNE 23RD. SO WE ASKED FOR THEIR DETERMINATION ON THIS. AND BASICALLY THEY CAME BACK VIA A WRITTEN COMMUNICATION STATING UNEQUIVOCALLY THAT THE BAYVIEW HOTEL IS NOT ELIGIBLE FOR LISTING IN THE NATIONAL REGISTER OF PLACES. AS TOM INDICATED, THAT'S PROBLEMATIC IN CONNECTION WITH ANY REDEVELOPMENT OF THIS SITE IF IT WAS DESIGNATED AS A LOCAL LANDMARK BECAUSE IT MEANS TAX CREDITS WOULD NOT BE AVAILABLE, SHIPPO DID LOOK AT ITS CRITERIA IN THE NATIONAL REGISTER CRITERIA, AND BASICALLY THE SECOND BULLET POINT WHEN EVALUATING THE ELIGIBILITY OF A PROPERTY. THE NATIONAL REGISTER GUIDELINES REQUIRE CONSIDERATION OF THREE INTERCONNECTED QUESTIONS. QUESTION ONE WHY IS THE PROPERTY HISTORICALLY SIGNIFICANT, AND WHAT NATIONAL REGISTER CRITERION BEST REFLECTS THAT SIGNIFICANCE? QUESTION TWO ONE WAS THE PERIOD OF HISTORIC SIGNIFICANCE AND THEN THE FINAL CRITERIA. DOES THE PROPERTY RETAIN INTEGRITY TO ITS HISTORIC APPEARANCE? BASED ON THOSE CRITERIA, SHIPPO HAS COME BACK AND SAID, NO, THIS IS NOT ELIGIBLE PURSUANT TO THOSE CRITERIA. WE THINK THAT'S VERY IMPORTANT. ABSOLUTELY NO DISRESPECT TO THE EFFORTS THAT HAVE BEEN MADE BY THE COMMISSION. YOU CAN TELL THEY CARE ABOUT HISTORY AND THERE'S BEEN A GREAT DEAL OF TIME, AND I ACTUALLY KNOW A COUPLE OF THEM. BUT WE'RE ASKING FOR THIS DECISION TO BE MADE BASED ON WHAT I WOULD CALL EXPERT EVIDENCE. NUMBER ONE, THE DETERMINATION THAT'S BEEN ISSUED BY THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION. AND THEN, NUMBER TWO, THE WRITTEN THE WRITTEN SUBMISSION AND THE TESTIMONY FROM CARRIE TRAINOR, WHO'S GOING TO SPEAK NEXT? SHE'S GOING TO WALK THROUGH HER ANALYSIS OF THIS BUILDING AND THIS PROPERTY. I ALSO WANT TO MAKE CLEAR, FOR THE RECORD, THAT TOM TALKED ABOUT HER CREDENTIALS. HER CREDENTIALS ARE OF THE UTMOST. SHE'S PROBABLY MORE REPUTABLE IN THIS FIELD THAN ANYONE ELSE IN WESTERN NEW YORK, AND KNOWN NOT ONLY THROUGHOUT NEW YORK STATE, BUT NATIONWIDE. SHE'S BEEN DOING THIS FOR THREE DECADES. NONE OF US ON THE PROJECT TEAM HAVE ANY OPPOSITION TO THE FACT THAT HISTORY IS IMPORTANT. WE JUST THINK IN LIGHT OF THE CIRCUMSTANCES, IN LIGHT OF THE FACTS AND IN LIGHT OF THE PROPER APPLICATION OF THE CRITERIA SPECIFIED IN YOUR VERY OWN CODE, THAT THIS PROPERTY SHOULD NOT BE DESIGNATED. SO WITH THAT BEING SAID, I'M GOING TO TURN IT OVER TO CARRIE. CAN I JUST ASK JOSH ONE QUESTION BEFORE WE GO ON TO ALL THIS STUFF? I KEEP HEARING THE NATIONAL REGISTRY STATE REGISTRY. THIS IS ABOUT A LOCAL LANDMARK. THIS IS NOT ABOUT FEDERAL OR STATE OR ANYTHING ELSE. CAN CAN YOU JUST ASK ME, IS THERE LIKE A DIFFERENCE IN THAT? IS THERE? ABSOLUTELY.

OKAY. BECAUSE I'M SORRY. BECAUSE YOU KEEP BRINGING UP THE NATIONAL REGISTRY AND EVERYTHING ELSE. SO I JUST WANT TO I'M FOCUSED ON WHAT I'M HERE FOR, AND I JUST WANT TO MAKE SURE I MAKE WHAT I MAKE MY DECISION. IT'S BASED ON THE BEST KNOWLEDGE. YES. SO, COUNCILMEMBER, I THINK CARRIE TRAINER WOULD WELCOME THE OPPORTUNITY TO ADDRESS THAT QUESTION. IT'S A LEGITIMATE QUESTION, MR. HOPKINS. THE QUESTION I HAD IS THERE'S THE LETTER THAT YOU PUT A COPY IN IT. THERE'S ONLY THE FIRST PAGE. ARE THERE OTHER PAGES ATTACHED? YEAH, THERE'S TWO PAGES TO THAT LETTER AND IT'S QUOTED WORD FOR WORD ON THOSE TWO SLIDES. COULD YOU, COULD YOU GET US THE SECOND PAGE OF THAT LETTER. ABSOLUTELY. AND I THINK, JOSH YOU HAVE A COPY OF THAT. IT'S, IT'S AND I'M TALKING ABOUT THE LETTER DATED JUNE 23RD, 2025.

RIGHT. PAGE TWO OF THAT LETTER. YES. YES, ABSOLUTELY. SO WITH THAT BEING SAID, CARRIE. GOOD EVENING, I'M CARRIE TRAINOR. GOOD EVENING. SO YOUR QUESTION ABOUT THE RELATIONSHIP BETWEEN LOCAL LANDMARK STATUS AND THE NATIONAL REGISTER LANDMARK STATUS, THEY'RE INEXTRICABLY LINKED, THOUGH TWO SEPARATE LAWS THAT GOVERN THEM THE SAME WAY THAT THE STATE PRESERVATION LAW IS DIFFERENT. BUT THEY ALL ARE BOUND BY THAT ISSUE OF INTEGRITY. THERE HAS TO BE ENOUGH LEFT TO CONVEY MEANING. YOU CAN TALK ABOUT A BUILDING, AND YOU CAN CLOSE YOUR EYES AND REIMAGINE WHAT IT WAS LIKE. BUT SOMETIMES THAT'S JUST REIMAGINING. THE PHOTOGRAPH IS AN 1875 SECOND EMPIRE BUILDING. THIS PRETTY SIGNIFICANT? JUST TO LOOK REALLY BRIEFLY AT SHEPARD'S DETERMINATION, BECAUSE I THINK THEIR POINTS ARE PREVALENT AS THEY RELATE TO THE LOCAL LANDMARK. THIS BUILDING HAS BEEN CHANGED. CHANGES INCLUDE TO THE EXTERIOR

[00:40:09]

ADDITIONS, ALTERATIONS TO FENESTRATION. THAT MEANS THE NUMBER OF WINDOWS, THE LOSS OF THE CHARACTER DEFINING FEATURE, NAMELY THAT AMAZING SECOND EMPIRE VERANDA. INTEGRITY BOTH ON THE INTERIOR AND THE EXTERIOR OF A BUILDING IS ESSENTIAL FOR A BUILDING TO COMMUNICATE AND CONVEY MEANING AND HISTORY. OTHERWISE, WE'RE SIMPLY TELLING STORIES. THERE HAS TO BE ENOUGH LEFT OF A BUILDING TO CONVEY HISTORIC MEANING. I COULD ASK YOU ALL TO CLOSE YOUR EYES, OR LOOK AT A PICTURE AND REIMAGINE THE BAY VIEW HOTEL FROM 1875, BUT THAT'S ALL YOU'RE DOING IS REIMAGINING A BUILDING THAT'S LOST. 1875. IT CONVEYS MEANING.

IT CONVEYS A STORY FROM 1875 FORWARD. ONLY ARCHEOLOGISTS ARE INTERESTED IN A SITE BECAUSE A SITE DOESN'T HAVE A BUILDING. THIS BUILDING, 1875, IS NOT THE BUILDING THAT IS THE COWBOY.

THERE ARE TWO DIFFERENT BUILDINGS. HISTORIC FABRIC HAS BEEN REMOVED. ALL YOU NEED TO DO IS COUNT THE WINDOWS ON THE SECOND FLOOR. AND ON THE HISTORIC BUILDING. IT'S NOT THE SAME FENESTRATION. IT'S NOT THE SAME BUILDING. YOU HAVE TO HAVE SUFFICIENT MATERIAL FABRIC TO CONVEY MEANING AND TO COMMUNICATE HISTORY. THAT VERANDA IS THE VERANDA. WERE THOSE PEOPLE MET? THAT VERANDA IS WHERE THAT RAID OR THAT SUNDAY EVENT HAPPENED. THAT'S WHERE IT HAPPENED. IT DIDN'T HAPPEN AT THE COWBOY PORCH. IT DIDN'T HAPPEN IN THE INTERIOR AS IT EXISTS TODAY. THERE IS INSUFFICIENT HISTORIC FABRIC TO COMMUNICATE MEANING AND TO EMBODY THOSE STORIES. THAT'S THE ISSUE WITH A LACK OF INTEGRITY. THERE IS REALLY NOTHING LEFT OF THE COWBOYS THAT TELL THE STORY OF THE SECOND EMPIRE STYLE, HENCE SHEPARD'S DETERMINATION THAT THERE WASN'T ENOUGH FABRIC LEFT TO MEET. CRITERION C ABOUT ARCHITECTURE. CRITERION C IS DIRECTLY RELATED TO THE ARGUMENT BEING MADE IN THE NOMINATION, AS THIS VISUAL MEMORY. YES, A BUILDING IS THERE, BUT IT'S NOT THE 1875 BUILDING. IT'S NOT THE BUILDING WHERE THOSE STORIES HAPPENED. IT'S A BUILDING THAT WAS ALTERED IN 1981, SIGNIFICANTLY ALTERED. THE BUILDING'S USE AS A HOTEL. THAT ASSOCIATION, CRITERION A UNDER SHPO AND THE NATIONAL PARK SERVICE. THE. THERE ARE NO HOTEL ROOMS LEFT.

THIS IS THE SECOND FLOOR. IT STILL HAS A COMMERCIAL USE, BUT THERE IS NOTHING ABOUT THIS BUILDING ANYMORE. THAT'S A HOTEL. IT'S A RESTAURANT AND THAT'S GREAT. BUT IT IS NOT A HOTEL ANY LONGER. SO WE NO LONGER HAVE INTERIOR FABRIC, AND WE NO LONGER HAVE EXTERIOR FABRIC TO CONVEY MEANING. SO CCTA ANALYZED THE NOMINATION. WE ANALYZED BOTH NOMINATIONS.

THE INITIAL NOMINATION, WHICH ARGUED FOR FOUR OF THE HAMBURG CODE CRITERIA, AND THE SECOND NOMINATION, THE MOST RECENT ONE THAT REDUCED THAT TO TWO. WE NEED TO NOTE THAT THE MOST RECENT NOMINATION DID NOT INTRODUCE ANY NEW EVIDENCE, ANY NEW ARCHIVAL RESEARCH. THERE WAS NO UPDATE ON THE PHYSICAL ANALYSIS OF THE BUILDING. SO ESSENTIALLY THERE WAS REALLY NO

[00:45:07]

NEW INFORMATION TO ARGUE. FOR THE CRITERIA THAT THEY WERE MAKING. CTA'S ANALYSIS INCLUDED ARCHIVAL RESEARCH AND ON SITE INVESTIGATION OF EXTANT HISTORIC FABRIC ON THE INTERIOR AND THE EXTERIOR OF THE BUILDING. BASED ON THE EVIDENCE PROVIDED IN THE UPDATED NOMINATION, THE BAYVIEW HOTEL DOES NOT MEET THE ELIGIBILITY REQUIREMENTS FOR EITHER LOCAL LANDMARK DESIGNATION OR LISTING ON THE NATIONAL REGISTER OF HISTORIC PLACES. THE MOST RECENT NOMINATION ARGUES FOR CRITERION ONE ASSOCIATION WITH THE LIVES OF INDIVIDUALS OR PEOPLE OR EVENTS SIGNIFICANT IN THE NATION, STATE, OR LOCAL HISTORY. IT PRESENTS A REALLY INTERESTING HISTORY, THE HISTORY OF THE SITE GOING BACK TO 1804, A HISTORY OF THE EVENTS THAT HAPPENED AS DOCUMENTED IN THE MAPS THEY SHOWED. BUT THAT IS NOT THE HISTORY OF THIS BUILDING. IT'S THE HISTORY OF THE SITE. IT'S THE VENUE OF ARCHEOLOGISTS. OUR ANALYSIS, THE BUILDINGS ASSOCIATED WITH THE EARLY 19TH CENTURY FIGURES CITED IN THE NOMINATION ARE NO LONGER EXTANT. FURTHER, THERE WERE NUMEROUS OUTBUILDINGS, INCLUDING LARGE BARNS FOR HORSES AND OTHER BUILDINGS THAT ARE NO LONGER EXTANT. AND SO THE TOTALITY OF THAT SITE, AS IT EXISTED HISTORICALLY, DOESN'T EXIST ANYMORE. BAYVIEW HOTEL POSTDATES THE LIVES AND ACTIVITIES OF THE INDIVIDUALS HIGHLIGHTED IN THE NOMINATION.

IT POSTDATES IT BY APPROXIMATELY 70 YEARS, AND SO THERE IS NO DIRECT MATERIAL. OR ASSOCIATION WITH THOSE PEOPLE OR EVENTS. THE BUILDING WAS CONSTRUCTED IN 1875. IT WAS CONSTRUCTED AFTER THE PERIOD DESCRIBED IN NOMINATION IN DETAIL AND SHOWN TO YOU THIS EVENING ON MAPS. BECAUSE OF THE LOSS OF HISTORY OF BOTH THE OTHER OUTBUILDINGS AND THE CHANGES THAT HAVE MADE, THE CLAIMED ASSOCIATION CANNOT BE SUBSTANTIATED THROUGH THE EXISTING PROPERTY. THE BAYVIEW HOTEL HAS LOST SUFFICIENT AND SUBSTANTIAL INTEGRITY THROUGH CUMULATIVE EXTERIOR AND INTERIOR ALTERATIONS, MODIFICATIONS TO THE ROOF, REMOVAL OF ORIGINAL VERANDAHS, REPLACEMENT OF WINDOWS, ADDITIONS OF WINDOWS, ADDITIONS OF SIDING AND MAJOR RECONFIGURATION OF THE INTERIOR RESULTING IN A LOSS OF THE PARLORS AND DINING ROOMS ON THE FIRST FLOOR. THE LIVING HOTEL SPACES ON THE SECOND FLOOR, AND EVEN THE BRASS CHANDELIER ON THE THIRD FLOOR. BALLROOM WINDOWS. THESE CHANGES PREVENT THE BUILDING FROM CONVEYING ITS HISTORIC FUNCTION AS A 19TH CENTURY HOTEL, AND FURTHER WEAKEN ANY POTENTIAL ASSOCIATION WITH EARLY PERIODS OF HAMBURG'S HISTORY. FURTHER, THE ALTERATIONS THAT HAVE BEEN MADE SPECIFICALLY IN THE 1980S NEGATE ANY ASSOCIATION OR EMBODY THE MEANING OF THE STORIES OF PROHIBITION AND THE OTHER EVENTS THAT OCCURRED AT THIS BUILDING. IF YOU BROUGHT THE PERSON THERE, THEY SIMPLY WOULDN'T NECESSARILY RECOGNIZE IT FOR WHAT IT WAS. THEY WOULD PROBABLY BE SADDENED THAT THE BUILDING HAS CHANGED SO MUCH.

CRITERION FIVE. IT ARGUES THAT A UNIQUE LOCATION, OR SINGULAR PHYSICAL CHARACTERISTIC REPRESENTS AN ESTABLISHED AND FAMILIAR VISUAL FEATURE OF THE NEIGHBORHOOD. AND IT DOES. BUT

[00:50:04]

IT'S NOT THE HISTORIC BUILDING THAT DOES. IT IS NOT A HISTORIC LANDMARK THAT DOES. IT IS AN ASSOCIATION WITH A BUILDING UNLIKE ANY OTHER. TRUE, BUT IT'S NOT THE HISTORIC BUILDING.

IT'S A 1981 RENOVATION, BOTH ON THE INSIDE. BOTH ON THE INSIDE AND THE OUTSIDE. OUR EVALUATION.

ALTHOUGH IT IS FAMILIAR, IT DOES NOT POSSESS THE PHYSICAL INTEGRITY REQUIRED FOR LANDMARK DESIGNATION. THE ASSOCIATIVE HISTORY ARGUED UNDER CRITERION ONE IS NOT THE HISTORY OF THE EXTANT BUILDING AS IT EXISTS TODAY, AS IT EXISTED SINCE 1981. THE CUMULATIVE CHANGES HAVE ELIMINATED THE HISTORIC DESIGN AND MATERIALS THAT ONCE CHARACTERIZED ITS 19TH CENTURY APPEARANCE. SHIPPO CONFIRMED OUR EVALUATION IN THEIR DOUGH. THEY REINFORCED WHAT WE HAD DETERMINED IN OUR EVALUATION, SHIPPO WRITES, AND I QUOTE, THESE ALTERATIONS HAVE NEGATIVELY IMPACTED THE BUILDING'S ABILITY TO COMMUNICATE. HISTORY. WHILE THE HOTEL CONTINUES TO OCCUPY A PROMINENT LOCATION, THE CURRENT APPEARANCE NO LONGER REFLECTS ITS HISTORIC PERIOD OR ITS CONSTRUCTION, AND THEREFORE IT CANNOT BE CONSIDERED AN ESTABLISHED HISTORIC VISUAL FEATURE OF THE NEIGHBORHOOD. RELATED BACK TO THAT HISTORY, WE'RE TALKING ABOUT HISTORY. WE'RE TALKING ABOUT INTEGRITY, NOT SIMPLY FAMILIARITY. IT HAS TO BE BOTH. AND SO I SHOW YOU THESE PICTURES AGAIN TO DRAW ATTENTION TO WHAT THE BUILDING LOOKED LIKE AT ONE POINT IN ITS HISTORY. 1875, AND WHAT IT LOOKS LIKE TODAY. SINCE 1981. I CAN POINT, YES. SO WE LOOK AT THESE FEATURES RIGHT HERE. THESE ARE CHARACTER DEFINING FEATURES OF A SECOND EMPIRE TYPOLOGY OF THE SECOND EMPIRE STYLE, POPULAR IN THE DECADES AFTER THE CIVIL WAR. IF YOU NOTICE THAT THE WINDOWS WE HAVE IRON BALCONETTES, WE HAVE CAST IRON HOODS ABOVE THE WINDOWS, AND WE HAVE THE PROMINENT DORMERS ON THE MANSARD ROOF.

THE PROPORTIONS OF THIS BUILDING, WHICH TEND TO BE SQUARISH, RECTANGULAR, OR PROPORTIONS THAT WE ASSOCIATE WITH THE SECOND EMPIRE STYLE. SCOTT KIND OF TALL, NOT LONG AND RELATIVELY LOW. WHEN WE LOOK CLOSER, THE BRACKETED CORNICE, THE CAST IRON BALCONETTE, THE FLATTENED ARCH, THE MODILLIONS ACROSS THE VERANDA, AND THE WRAPAROUND TERRACED STEPS. IF YOU NOTICE, EVEN THE SITING OF THIS BUILDING IS NO LONGER HISTORIC.

THERE ARE NO STEPS. THE GRADE HAS BEEN CHANGED. I WOULD ARGUE THAT THIS ISN'T EVEN THE SAME SIZE AS THAT ORIGINAL VERANDA. EVEN IF YOU LOOK UP HERE, YOU SEE THIS STEP THAT'S QUITE DEEP.

THERE'S QUITE A LARGE SHADOW LINE HERE. IT'S QUITE SHALLOW. THAT'S THE SECOND EMPIRE STYLE.

THE ADDITION OR THE CHANGE TO THE VERANDA IS 1981. WHEN WE LOOK AT THE SIDE ELEVATION, YOU SEE THAT WE HAVE TWO CHIMNEYS. AGAIN, THOSE ARE REFERENCING BACK TO THE INTERIOR ORGANIZATION OF THE PARLORS THAT WOULD HAVE HAD FIREPLACES. THAT INTERIOR ORGANIZATION IS NO LONGER EXTANT. IT IS A RESTAURANT. THERE ARE NO SMALL ROOMS EXISTING ANYWHERE. THERE IS NO HISTORIC FABRIC. THERE IS NO CASING. WHEN WE LOOK AT THE VERANDA, IT'S COMPLETELY GONE.

NOT ONLY IS IT A NEW CONSTRUCTION, IT DOESN'T EVEN MIMIC THE WRAPAROUND CHARACTER

[00:55:05]

OF THE 1875 BUILDING. YOU ARE LOOKING AT A 1981 RENOVATION. I DON'T EVEN HAVE A WINDOW. I DON'T HAVE THE DETAILING AT MY SECOND FLOOR. SO THESE ARE TWO DIFFERENT BUILDINGS. IT IS OUR POSITION THAT THE CHANGES THAT HAVE HAPPENED ARE UNFORTUNATE, AND I REALLY WISH I WAS HERE THIS EVENING TALKING TO YOU ABOUT AN 1875 SECOND EMPIRE BUILDING THAT WAS EXTANT WITH ALL OF ITS GLORY. BUT THAT'S NOT WHAT WE HAVE. WE HAVE A BUILDING THAT WAS ALTERED WITH ADDITIONS BOTH TO THE SIDE THAT CHANGED THE FENESTRATION, CHANGE THE PROPORTIONS, CHANGE THE RHYTHM, CHANGED. ALL OF THOSE THINGS THAT WE ASSOCIATE WITH CHARACTER DEFINING FEATURES NECESSARY FOR A BUILDING TO CONVEY HISTORIC MEANING, BECAUSE OTHERWISE ALL WE'RE DOING IS CLOSING OUR EYES, REMEMBERING WHAT SOMETHING WAS, AND TELLING STORIES. BUT WITHOUT A PLACE TO EMBODY THAT MEANING. CAN I JUST WANT TO ASK A QUESTION? IF YOU DON'T MIND? I'M ONE OF THOSE. I DON'T HAVE A GREAT MEMORY. I DON'T EVEN REMEMBER IF I ATE BREAKFAST, BUT THE BLUE CROSS BLUE SHIELD BUILDING DOWNTOWN, THE ONE THAT WAS THE OLD GAS GAS BUILDING WHERE THEY TOOK THE REST OF THE BUILDING OFF THE ONE WALL UP AND BUILT ON TO IT. AND THEY STILL RECEIVED SOME KIND OF CREDIT FOR THAT. THEY DID NOT RECEIVE ANY HISTORIC TAX CREDITS. THEY DID HAVE TO GO THROUGH A COMPLIANCE REVIEW BECAUSE IT IS IN THE CITY. IT INVOLVED THE DEMOLITION. AND SO IT HAD TO GO BEFORE THE SHIPPO OFFICE UNDER SECTION 1409 OF NEW YORK STATE PRESERVATION LAW. NOW, EVEN EVEN SOME OF THE INTERESTING PROJECTS THAT YOU SEE ALONG ELMWOOD AVENUE AND THINGS WHERE THEY KNOCKED DOWN THE REST OF THE BUILDING AND THEY KEEP THE ELEVATION, THOSE DON'T QUALIFY EITHER, BECAUSE THE BUILDING THERE'S IT'S GREAT THAT THEY'RE KEEPING A STREETSCAPE. YEAH, BUT THEY'RE NOT IT'S NOT THE HISTORIC BUILDING ANYMORE. IT'S WE CALL IT FACADISM. OKAY. THANK YOU. I HAD A QUESTION PROBABLY DIRECTED MORE TO THE OWNER OF THE PROPERTY, BUT IF. IF THE OWNERS ARE NOT INTERESTED IN TEARING THE BUILDING DOWN AND TAKE YOU FOR YOUR WORD AT THAT, THEN WHY DO YOU CARE? WELL, AGAIN, YOU KNOW, WITH WITHOUT YOU KNOW, WE WE'VE AND I JUST WANT TO MENTION QUICK, WE'VE BEEN WORKING WITH CARRIE FOR 15, 20 YEARS. SHE'S ACTUALLY ONE OF MY PROFESSORS IN COLLEGE 25 YEARS AGO. AND WE HAVE DONE TWO DOZEN, MAYBE MORE PROJECTS WITH CARRIE OVER THE YEARS, ALL ON THE OPPOSITE END, WORKING TOWARDS HISTORIC NOMINATION, WORKING TOWARDS THE USE OF OF OF VERY VALUABLE AND NECESSARY HISTORIC TAX CREDITS THAT ARE IN OUR MARKET, IN OUR BUFFALO MARKET AND OUR SURROUNDING BUFFALO MARKET ARE CRITICAL TO MAKING THESE PROJECTS CASH FLOW AND PENCIL OUT AT THE END OF DAY, CRITICAL TO TO ALLOWING US TO GO TO THE LENDERS AND GET FINANCING BECAUSE WE'RE SHOWING A GOOD ENOUGH RETURN. THESE CREDITS ARE CRITICAL. SO WHEN WE HAVE A CONDITION HERE WHERE THE STATE HAS COME FORWARD, REVIEW THIS APPLICATION, REVIEW THE NOMINATION APPLICATION REVIEWED OUR CARRIE'S ANALYSIS AS WELL AND SAID IT DOESN'T QUALIFY. WE CAN'T GO WE CAN'T GO ANY FURTHER WITH THE CREDITS. SO NOW IF WE WANT TO GO AHEAD AS WE WANT TO, AS SHAWN POINTED OUT, WE'RE LOOKING AT A SUBSTANTIAL REDEVELOPMENT OF THE SURROUNDING PROPERTY THAT WOULD THAT COULD WORK WITH THE BAYVIEW AS, AS AS AN APPENDAGE TO IT, RESIDENTIAL MIXED USE. WE'VE WE'VE TALKED ABOUT THESE PLANS. WE'VE PRESENTED THESE PLANS OVER THE LAST FEW YEARS. AGAIN, THE ABILITY TO TO MODIFY THE BAYVIEW HOTEL IN THE FUTURE UNDER A LOCAL LANDMARK STATUS, HAVING TO DO SO THEN IN, IN IN CONCERT WITH THE FEDERAL STANDARDS FOR HISTORIC PRESERVATION ON THE EXTERIOR, WHICH WOULD BE REQUIRED BRINGS IN A LOT OF EXORBITANT COSTS. SPECIAL TRADES, SPECIAL MATERIALS, HEIGHTENED COSTS FROM MANY OTHER REHABILITATION WORK THAT WE WOULD DO. AND THERE'S NOTHING TO OFFSET THOSE COSTS, WHICH BECOMES THE COST BURDEN TO US. AND THAT'S THAT'S THE ROOT OF OUR OBJECTION TO THIS. AGAIN, WE WE'RE NO STRANGERS TO HISTORIC PRESERVATION. GO TO OUR WEBSITE.

LOOK AT WHAT WE'VE DONE. SURE. YOU KNOW, WHAT ABOUT CAN YOU WHAT DID YOU SUBMIT TO THE STATE? I MEAN, OBVIOUSLY THIS WE HAVE A LETTER HERE. CAN YOU SEND US WHAT YOU SUBMITTED TO THE STATE? I THINK WE'VE SHARED THAT ALREADY, BUT WE CAN RESEND THAT. IT WAS A SUMMARY BY CARRIE, INCLUDING THE THE DETAILS OF THE NOMINATION APPLICATION THAT WAS PUT FORTH BY THE PRESERVATION COMMISSION. SO. AND IF SHE WOULD COME BACK AND SAID THIS WAS ELIGIBLE,

[01:00:04]

WE'D BE IN A DIFFERENT POSITION BECAUSE THEN, IN FACT, WE MIGHT HAVE THE FINANCIAL INCENTIVE FOR THIS TO BE DESIGNATED, MEANING IF WE'RE GOING TO DO RENOVATIONS, REHABILITATION, WE WOULD BE ELIGIBLE FOR THOSE TAX CREDITS. AGAIN, I'VE BEEN WORKING ON THESE PROJECTS FOR MANY, MANY YEARS AS WELL. AND AGAIN, THIS IS ATYPICAL. TYPICALLY YOU HAVE OFTENTIMES A SUPPORT LETTER WITH ELIGIBILITY. AND SECONDLY, TYPICALLY WHEN WE HAVE CARRIE INVOLVED, SHE'S LOBBYING FOR IT TO BE DESIGNATED BECAUSE AGAIN, THE BENEFITS THAT COME WITH IT. BUT IN THE ABSENCE OF THAT DETERMINATION OF SHPO, IT'S ALL DOWNSIDE. IT'S SO TOUGH THOUGH, LIKE I USED TO HAVE, I USED TO RENT OFFICE SPACE AT 434 DELAWARE AVENUE. SO WILLIAM DORSHEIMER HOUSE, AND IT WAS DESIGNED BY ONE OF THE BIG THREE ARCHITECTS, H.H.

RICHARDSON. AND I REMEMBER SITTING IN THE OFFICE, IT WAS LIKE A FRIDAY AND NO ONE WAS THERE. AND SOME PERSON FROM UB CAME AND SAID, HEY, CAN I LOOK AROUND? I'M LIKE, YEAH, WHAT DO YOU WANT TO LOOK AROUND? AND HE WAS EXPLAINING SOME OF THE HISTORICAL CONTEXT. AND IN THAT BUILDING, THE CEILINGS WERE SUNK AND OR THEY HAD PUT A IT WAS BUILT BEFORE ELECTRICITY.

SO THEY HAD SUNKEN CEILINGS AND THEY WERE CABLES FOR INTERNET AND ALL KINDS OF STUFF. RIGHT.

AND THEN HE GOT UP ON A LADDER AND HE PULLED SOME OF THE TILES, AND HE WAS SHOWING ME THAT THE CEILING HAD BEEN PAINTED, AND HE WAS LOOKING FOR SOME OF THIS STUFF. SO IT JUST MAKES ME WONDER, MEANING THAT WAS I MEAN, IT'S OBVIOUSLY HISTORIC LOCATION, BUT IT WAS THE GUY WHO WAS THE MAYOR OF BUFFALO, THE DISTRICT ATTORNEY OF NORTHERN NEW YORK, AND SOMEHOW TIED IN RICHARDSON TO THE CAPITAL. AND THE RICHARD RICHARDSON COMPLEX, THE PSYCHIATRIC CENTER, AND NOT ANY OF THAT PLACE. IT WAS AN OFFICE. IT WAS ACCOUNTANTS BEFORE LAWYERS HAD. IT WAS I MEAN, IF YOU'RE USING YOUR EXAMPLE, IT'S NOT THE SAME, YOU KNOW, I MEAN, SO AND I DON'T KNOW, YOU KNOW, THERE WAS NO NOT A HOUSE AND A LOT OF IT WAS CHANGED AS WELL.

AND SO, SO I CAN SPEAK TO THAT. SO WHEN WE HAVE THESE HISTORIC BUILDINGS, THEY'RE NOT NECESSARILY BEING MAINTAINED AS MUSEUM. IT'S ADAPTIVE REUSE. SO WE ARE REUSING WE ARE WE ARE REPURPOSING THEM. THE SECRETARY OF THE INTERIOR STANDARDS, WHICH IS THROUGH THE FEDERAL CODE, PROVIDES GUIDELINES AND RECOMMENDATIONS FOR HOW WE TREAT THESE PLACES. GENERALLY SPEAKING, THERE ARE ELEMENTS OF THESE BUILDINGS THAT WE CALL CHARACTER DEFINING, AND THE FACT THAT THE PERSON WAS ABLE TO LIFT AWAY THE DROP CEILING AND IT WAS STILL THERE, IT MEANS THAT WE COULD TAKE THAT AWAY, AS WE HAVE ON NUMEROUS BUILDINGS, AND BRING BACK THAT EXTANT FABRIC. WHAT YOU CAN'T GO DO IS BASHING DOWN ALL THE WALLS, BECAUSE THEN YOU HAVE NOTHING LEFT THAT TELLS THE STORY. SO I'M BETTING THAT IN THE DORSHEIMER HOUSE, THERE ARE STILL THE WALLS THAT WERE THE BEDROOMS, THE WALLS THAT WERE THE PARLORS. PROBABLY ANY TYPE OF HISTORIC WAINSCOAT CASING. THIS STUFF TELLS THE STORY. THERE'S A STORY TO BE TOLD THROUGH THAT MATERIAL. THAT'S WHAT HISTORIC PRESERVATION IS ABOUT. EXTANT FABRIC MAY BE A NEW USE, BUT ENOUGH LEFT THAT I CAN TELL A STORY, THAT I CAN LOOK AT IT AND SAY, THIS IS WHAT HAPPENED HERE. AND IF YOU LOOK AT THAT WALL AND YOU TOUCH IT, MAYBE SOMEBODY BACK IN 1860 TOUCHED IT, 1870 TOUCHED IT. SO, SO IT'S KIND OF TELLS MEANING. BUT YOU CAN'T YOU HAVE TO CHANGE BUILDINGS. THEY THEY HAVE TO HAVE ELECTRICITY. THEY HAVE TO HAVE PLUMBING. WE'RE NOT DOING MUSEUM PIECES. AND SO YEAH, THEY DO CHANGE. IS YOUR PHONE NUMBER ON HERE. I DON'T KNOW ON MY LETTERHEAD. YEAH. SO OKAY. THANKS. WELL THANK YOU FOR FOR COMING HERE AND GIVING YOUR PRESENTATION. APPRECIATE IT. THANK YOU. CAN I ACTUALLY CAN I ASK INPUT AS A TOWN RESIDENT. NO. GO AHEAD TOM, BEFORE YOU GO, CAN I JUST ASK ONE MORE QUESTION. JUST MAYBE YOUR REFLECTION ON OR THOUGHTS TO THE COMMUNITY? I THOUGHT ONE OF THE MOST COMPELLING STATEMENTS IN THE PRESENTATION BY THE HISTORIC PRESERVATION COMMISSION WAS THE ONE THAT SAID, THIS IS AN OPPORTUNITY TO FIND THE BALANCE BETWEEN PRESERVATION AND PROGRESS AGAIN, BECAUSE IT SEEMS LIKE WE HAVE TWO VERY DIVERGENT POSITIONS HERE. SO I GUESS I'M WAS DRAWN BACK AGAIN TO THAT STATEMENT. THIS IS AN OPPORTUNITY TO FIND THE BALANCE BETWEEN PRESERVATION AND PROGRESS, AS WELL AS EMBRACING THE HISTORY OF THE TOWN IN HAMBURG. AND

[01:05:01]

WHILE IT MAY NOT HAVE THIS NATIONAL DESIGNATION, I THINK ESPECIALLY GIVEN THE INFORMATION THAT YOU HEARD, AND I THINK YOU YOU EVEN ALL AND ESPECIALLY WITH YOUR BACKGROUND CAN BE COGNIZANT OF AND AND MOVED BY THE SIGNIFICANCE THAT THIS BUILDING DOES HAVE IN THE COMMUNITY. IS THERE ANYTHING THAT YOU CAN SPEAK TO TO SAY? I MEAN, AGAIN, YOU MADE THE STATEMENT THAT IT WOULD NOT BE BEING TAKEN DOWN, BUT BUT WERE YOU DRAWN AT ALL TO THAT STATEMENT? CAN YOU, YOU KNOW, IS THERE ANYTHING THAT YOU CAN REFLECT BACK ON FROM? I DON'T KNOW, I JUST FOUND THAT THE BALANCE BETWEEN PRESERVATION AND PROGRESS, I THINK AS WE'VE WORKED, AS SEAN AND I MENTIONED, AS WE BOTH MENTIONED EARLIER, HOW WE'VE WORKED THROUGH WITH THE SHORELINE COMMITTEE AND THE PLANNING BOARD ON MANY, MANY VERSIONS OF DEVELOPMENT OF THE SITE. AND THERE'S BEEN A BIT OF A PAUSE ON THAT. LAST TIME WE TOUCHED. THAT WAS SPRING OF THIS YEAR. IN OUR LAST CONVERSATIONS WITH THOSE GROUPS, THERE WAS DISCUSSION ABOUT MORE OR LESS OF BUILDING SOMETHING NEXT TO THE FORMER BAYVIEW AND MORE OF SOME CONNECTION TO THAT PROPERTY THROUGH GREEN SPACE AND THROUGH OTHER OPPORTUNITIES TO ALLOW PUBLIC ACCESS, WHICH HAS ALWAYS BEEN AN OVER IN OVERLYING, YOU KNOW, POINT OF INTEREST FOR THOSE GROUPS TO PROVIDE ACCESS TO THE WATER FOR VIEWS AND SO ON AND SO FORTH. SO WHILE IT DOESN'T ALLOW US STILL THE OPPORTUNITY TO TO GO AND REBUILD THE 1875 BUILDING, RIGHT, WITH LACK OF CREDITS AND THE ABILITY TO OFFSET THOSE LEVEL OF COSTS, RIGHT, TO TO TRULY, YOU KNOW, RESPECT AND TREAT THIS THING AS IT WAS HISTORICALLY, I THINK THERE'S WAYS TO DEVELOP AROUND IT THROUGH POTENTIAL PUBLIC ACCESS, GREEN SPACE, OTHER THINGS THAT MAKE IT A CENTERPIECE OF SORTS.

RIGHT. AND WE DON'T KNOW IN THE FUTURE. THERE'S BEEN MULTIPLE TENANTS OF THAT PROPERTY. THE TENANTS ARE A REFLECTION OF OF WHAT THE MARKET CAN PROVIDE TO US, THE ACCESS TO THE PROPERTY, EVERYTHING ELSE FOR THEIR DEVELOPMENT AROUND THAT, MORE RESIDENTIAL UNITS, OTHER COMMERCIAL OPPORTUNITIES THAT WE'VE TALKED ABOUT COULD CHANGE WHAT THAT COULD BE FOR THE BAYVIEW, POTENTIALLY ALLOW SOME ABILITY TO DO SOME OTHER RENOVATIONS THERE. BUT AGAIN, I THINK THE OVERLYING FACTOR AGAIN HERE IS THE LACK OF A LACK OF ABILITY TO TO TAKE IT TO A HISTORIC TAX CREDIT PROJECT, WHICH IS, WHICH IS CRITICAL, AGAIN, TO BE ABLE TO OFFSET THOSE COSTS AND HAVE IT MAKE SENSE AT THE END OF THE DAY TO BE ABLE TO, YOU KNOW, TO BE ABLE TO MAKE THOSE, THOSE INVESTMENTS. SO I ALSO WANT TO MAKE CLEAR THE CTA'S ANALYSIS, AS YOU HEARD, VERY THOROUGH PRESENTATION IS BASED ON YOUR CRITERIA. WELL, SHE TALKED ABOUT THE NATIONAL CRITERIA AND THE SHPO DETERMINATION. HER ANALYSIS GOES TO THE TWO CRITERIA THAT WERE USED BY THE HPC IN SUPPORT OF THE NOMINATION. SO THAT'S THAT'S HER EXPERT OPINION BASED ON THE CRITERIA IN THE TOWN'S OWN LOCAL LAW. ANY OTHER QUESTIONS? SO THANK YOU AGAIN, MRS. VANARSDALE. YOU WERE THE FIRST ONE SIGNED UP. HELLO BOARD. I'M PLEASED TO SAY EACH OF YOU HAVE BEEN TO MY HOME. I CONSIDER THE FACT THAT I COULD CALL EACH OF YOU AND YOU WOULD RESPOND. YOU'RE MY NEIGHBORS. I LOVE HOOVER ROAD. I LOVE THE BAYVIEW HOTEL, AND I'M VERY THANKFUL THAT SEAN HOPKINS BROUGHT UP THIS DIAGRAM. THERE'S ANOTHER ONE ON THE WALL OVER THERE. AND WHAT I'D LIKE TO POINT OUT IS, YES, THE BAYVIEW WAS STILL THERE, BUT MAY I ADD THAT APARTMENT A, AN APARTMENT B, BICARBONATE FOR APARTMENT B IS HERE. THE APARTMENT, THE APARTMENT FOR THE BAYVIEW HOTEL IS HERE. AND NOW YOU WILL HAVE TO PARK HERE. AND NOW TAKE THIS LONG JOURNEY TO VISIT THE RESTAURANT. SO MY QUESTION IS, WHERE'S THE PRIORITY IN 44 PLUS 1156 APARTMENTS? OR THIS BUILDING THAT I LOVE? I HAVE COME ALONGSIDE THE HAMBURG HISTORICAL PRESERVATION COMMISSION. THESE ARE DILIGENT, HIGHLY QUALIFIED, WONDERFUL PEOPLE. NO, WE DON'T RESIDE IN AN IVORY TOWER. WE RESIDE IN HAMBURG, NEW YORK. WE CARE ABOUT THIS BUILDING. YOU WILL HEAR FROM MANY RESIDENTS WHO WILL BRING UNIQUE AND WONDERFUL AND PERSONAL STORIES ABOUT THIS BUILDING. WE WANT TO KEEP THIS

[01:10:01]

BUILDING. WE ARE VERY UNHAPPY ABOUT ITS CONDITION. I WALK BY IT DAILY BECAUSE I LIVE SIX HOMES AWAY. IT IS DETERIORATING BEFORE MY EYES. THE CURRENT OWNER IS NOT THE ONLY ONE RESPONSIBLE. IT HAS BEEN IN DECLINE FOR SO LONG AND IT'S VERY, VERY UPSETTING. WE HAVE MET SO MUCH OPPOSITION ON THIS JOURNEY AND WE ARE DETERMINED TO PLEAD WITH YOU. YOUR VOTE.

YOU HAVE THE POWER TO MAKE THE DECISION OF WHETHER THIS RECEIVES LOCAL LANDMARK STATUS OR NOT. IF YOU THINK TWO APARTMENT BUILDINGS HUGGING THIS WONDERFUL BUILDING THAT COULD EASILY HAVE SO MUCH DIGNITY RESTORED TO IT IS BETTER IF THAT IS WHAT WE WANT AS A TOWN. I'M JUST A COMMON CITIZEN MAKING MYSELF KNOWN, BUT I PLEAD WITH YOU TO VOTE YES FOR LOCAL LANDMARK STATUS. THANK YOU. DOCTOR PAUL SOTO. I SEE A LOT OF PEOPLE HERE. I HAVE A FEELING THAT IF I ASK EVERYONE TO RAISE THEIR HAND, WHO'S IN FAVOR OF FINDING A WAY TO RESTORE THIS BUILDING? YES. IT'S CHANGED. THAT'S RIGHT. GUESS WHAT? THE BUFFALO PSYCH CENTER WAS CHANGED, AND THEY FOUND A WAY BECAUSE THEY HAD COMMITTED PEOPLE WHO SAID, IT'S MORE IMPORTANT OUR HISTORY, THAT IF WE LOSE IT, WE'RE NOT GOING TO GET IT BACK. WE'RE GOING TO HAVE SOME BRAND NEW APARTMENT BUILDING THERE. I DON'T KNOW WHAT THEY'RE GOING TO BUILD. I JUST HEARD FOR THE FIRST, BUT IT'S GOING TO BE SO THAT'S GREAT. DO WE HAVE ENOUGH APARTMENTS IN HAMBURG? YES. WE CAN MAKE SOME MONEY SELLING IT FAST, AND THEN THEY'RE GONE, AND THEN SOMEBODY ELSE BUYS IT AND SOMEBODY ELSE BUYS IT, YOU KNOW, AND JUST IT JUST GOES FROM HAND TO HAND. EVERYBODY MAKES A LOT OF MONEY. MEANWHILE, THE TOWN OF HAMBURG LOSES. WE LOSE OUR HISTORY. WE LOSE A PART OF OUR FABRIC THAT WE'RE ALREADY LOSING. I FEEL TOO MUCH WHEN I SEE THREE STORY BUILDINGS GOING UP. APARTMENTS. I'M AGAINST THAT WITH OUR WHOLE COMMUNITY. I DON'T KNOW HOW THAT HAPPENED. I THOUGHT WE HAD A TWO STORY LIMIT, SO. AND IT'S BEACHFRONT PROPERTY AND I DON'T KNOW IF YOU HOW MANY PEOPLE HAVE BEEN THERE. THAT'S THE MOST BEAUTIFUL BEACH ON THIS LAKE, THAT STATE PARK THERE THAT'S LIKE SARASOTA SAND. IT'S BEAUTIFUL. IT IS, ISN'T IT? WHO'S BEEN NOMINATED? IT'S LIKE, NO, IT'S BEAUTIFUL IN THERE.

AND THAT PROPERTY HAS A BIG HUNK OF IT. YOU HAVE TO HAVE VISION AND LOOK AT IT AND SAY INSTEAD OF JUST MAKING SOME BOX, PUT UP SOME APARTMENTS AND WHAT DO YOU DO? YOU BLOCK THE COMMUNITY'S ACCESS, WHICH WE ALREADY DON'T HAVE AS MUCH ACCESS AS IT WOULD BE NICE TO HAVE. IT'S AND I'M PART OF THE PROBLEM. INCIDENTALLY, I HAVE A COUPLE PROPERTIES ON THE LAKE AND I WISHED AND ACTUALLY I DO SHARE IT. I HAVE ONE THAT I RENT TO PEOPLE AIRBNB, AND I KNOW WE'RE HAVING A PROBLEM WITH THAT, BUT I FEEL LIKE I'M AN AMBASSADOR FOR FOR HAMBURG AND FOR BUFFALO. I HAVE PEOPLE COMING FROM AROUND THE WORLD TO STAY AT MY PLACE. I MAKE IT AS NICE AS I CAN SO THAT I CAN HOST OTHER PEOPLE FROM AROUND THE WORLD TO ENJOY THIS BEAUTIFUL LAKE AND LAKEFRONT PROPERTY. AND I DON'T MAKE MUCH MONEY ON DOING IT EITHER. I DON'T CARE, I WANT TO SHARE IT, AND THIS IS WHAT WE SHOULD BE DOING WITH THAT PROPERTY. WE SHOULD BE SHARING IT WITH OUR COMMUNITY, AND THESE GUYS CAN MAKE SOME MONEY TOO WITH VISION.

LET ME GIVE YOU AN EXAMPLE. JIM SANDORO I THINK THAT'S HIS NAME. HE BUILT THE FRANK LLOYD WRIGHT.

FILLING STATION DOWNTOWN. IT'S BRAND NEW, BUT IT'S BUILT ON THE ORIGINAL PLANS AND HE'S EXPANDING. WHY IS HE EXPANDING? IT'S BECOMING POPULAR. IT'S BECOMING A DRAW FOR OUR COMMUNITY. THIS PROPERTY MIGHT BE ABLE TO BE RESTORED. YES, IT'S GOING TO COST MONEY, I REALIZE THAT, BUT IF YOU'RE COMMITTED TO DOING THAT, I THINK YOU MIGHT BE ABLE TO FIND THE MONEY. BUT WHEN YOU LOOK AT IT AND YOU SAY, GEE, THAT'S THE HARDER WAY TO GO, AND YOU'RE JUST AN INVESTOR AND YOU, YOU KNOW, IT'S NOT YOUR TOWN. IT'S EASY TO SAY, LET'S LET IT GO

[01:15:06]

AND LET'S TAKE THE EASIER WAY. IT'S TOO HARD TO RESTORE IT. LOOK AT SHAPES. SHOULD WE HAVE TORE THAT DOWN BECAUSE IT'S ALL BEAT UP? NOPE. THEY FOUND A WAY. YEAH, IT TAKES A LOT OF MONEY, BUT I CAN'T BELIEVE IT WHEN I LOOK IN THAT BUILDING. SO THIS BUILDING HERE, I THINK. I THINK IT COULD BE RESTORED, JUST LIKE I DO A LOT OF CONSTRUCTION AND BUILDING. I KNOW I COULD GET MY GUYS AND WE COULD BUILD THAT DARN THING AGAIN AND PUT THE FRONT ON IT LIKE IT WAS. WILL THE WILL THE STATE SUPPORT THAT? WILL THEY GIVE THE. I DON'T KNOW THE ANSWER TO THAT. I DIDN'T GET INTO THIS AND JUST UNTIL RECENTLY, BUT ALL I KNOW IS FOR THIS COMMUNITY, I THINK THIS COMMUNITY AND I'M SORRY THAT YOU GUYS OWN IT. I'M SORRY FOR THAT. IF I OWNED IT, I WOULD FIND A WAY TO MAKE THIS HAPPEN, GET THAT PLACE BACK. FIND A WAY TO MAKE IT BE A DRAW, AND GET PEOPLE VISITING OUR COMMUNITY TO SEE SOMETHING. FIND A WAY TO ADVERTISE IT AND BUILD IT UP. TIE IT INTO THE REST. I KNOW SOME OF THE PEOPLE THAT COME TO MY PLACE COME FROM EUROPE. THEY COME HERE FOR TWO WEEKS JUST TO SEE OUR ARCHITECTURE IN THE CITY. LOOK AT ALL THE PEOPLE WE GOT H.H. RICHARDSON, FRANK LLOYD WRIGHT, FREDERICK LAW OLMSTED, YOU NAME THEM. THERE'S A DOZEN FAMOUS ARCHITECTS THE AND LOOK AT, FOR INSTANCE, EVEN THE THE, THE.

BURIAL SITE. THEY'RE BUILT FOREST LAWN. FOREST LAWN. YEAH. THEY BUILT BLUE SKY MAUSOLEUM.

BRAND NEW ON THE OLD PLANS. AND THEY HAVE PEOPLE COMING INTO A CEMETERY TO TAKE A TOUR, TO SEE IT, SEE A BUNCH OF DEAD PEOPLE. BUT BECAUSE IT'S HISTORY, EVEN THOUGH IT WAS NEVER BUILT ORIGINALLY, IT'S DRAWING PEOPLE TO THE COMMUNITY. THAT'S DOLLARS. MAYBE YOU CAN MAKE A LOT MORE MONEY TRYING TO PUT THAT BUILDING BACK THE WAY IT WAS, AND FIND A WAY TO ATTRACT AND TO TIE IT INTO THE REST OF THE HISTORY OF BUFFALO. I THINK I SAID ENOUGH. MR. VERDUCCI.

GOOD EVENING. MERRY CHRISTMAS, HAPPY HOLIDAYS. I WANT TO FIRST THING I WANT TO SAY IS, THANKS TO THE PLANNING DEPARTMENT, YOU'VE DONE A FABULOUS JOB WITH THESE, WITH THESE REZONINGS AND BRINGING THINGS UP TO CODE AND BRINGING THINGS IN LINE. I CAN'T SAY AND CAN'T SAY ENOUGH NICE THINGS ABOUT OUR PLANNING DEPARTMENT. THANK YOU FOR ENABLING THIS PROCESS TO GO FORWARD. SO FIRST THING I WANT TO SAY. SECOND THING I WANT TO SAY IS, BOY, WE SPENT ABOUT AN HOUR TYING A GORDIAN KNOT. ALEXANDER THE GREAT TOOK A SWORD OUT AND CUT THE GORDIAN KNOT IN HALF. DIDN'T TRY TO UNTIE IT, SO I'M GOING TO UNTIE IT AS QUICK AS I CAN AND GET OUT OF HERE AS FAST AS I CAN. HERE'S WHAT I HAVE TO SAY. THIS IS ALL ABOUT MONEY. THIS IS ALL ABOUT BUYING A PIECE OF WATERFRONT PROPERTY TO PUT UP A BUNCH OF HIGH RISES SO PEOPLE CAN BE SOLD A VIEW OF OUR LAKE. BUT IT'S OUR LAKE AND IT'S OUR TOWN. AND THIS IS INCUMBENT UPON THE TOWN BOARD AND PLANNING TO SEE TO IT THAT ANY DEVELOPMENT THAT OCCURS OCCURS IN A IN AN INTELLIGENT AND INTEGRATED MANNER THAT GOES WITH THE REST OF THE NEIGHBORHOOD AREA. AND THE CHARACTER OF THE TOWN DESIGNATOR DON'T DESIGNATE AND ON THE DOCKET TO BE SPENT MANY, MANY DELIGHTFUL EVENINGS THERE. BUT OH YEAH, IT'S WONDERFUL.

GREAT PLACE. I CAN ONLY SAY. I CAN ONLY SAY THAT I'VE WATCHED THE CITY OF BUFFALO SINCE.

SINCE I WAS BORN IN THE CITY IN 1954, I WATCHED AS THE CITY OF BUFFALO HAS DESTROYED ARCHITECTURE, HISTORY, AND FRANKLY, IT BECOMES A LITTLE TIRING AFTER A WHILE WHEN YOU SEE WHAT'S HAPPENED TO HISTORIC SITES AND ARCHITECTURAL MASTERPIECES AND JUST, YOU KNOW, IT'S SAD. AND FRANKLY, AS AN OLD GEEZER, I'M A LITTLE TIRED OF HAVING A HISTORY ERASED. AND YOUNG, YOUNG PEOPLE THAT ARE IN THE AUDIENCE. PLEASE LEARN YOUR HISTORY, LEARN THE HISTORY OF YOUR COUNTRY. LEARN THE HISTORY OF YOUR TOWN. LEARN THE HISTORY OF YOUR STATE. BECAUSE IF YOU DON'T, YOU'RE GOING TO BE DOOMED TO REPEAT IT. THIS IS MORE IMPORTANT THAN YOU THINK IT IS. I WATCHED THE URBAN RENEWAL RATHER IN RATHER DRACONIAN FASHION, DESTROY LARGE SWATHS OF CITY ARCHITECTURE AND HOUSING. IT WAS A TRAVESTY, BUT IT WAS DONE WITH FEDERAL MONEY. AND RIGHT NOW, IF YOU'RE IF YOU'RE BORN AFTER 1980, YOU HAVE MY SYMPATHY AND YOU SHOULD BE HOT UNDER THE COLLAR RIGHT NOW BECAUSE BECAUSE OF FEDERAL MONEY POLICIES, YOU'RE BEING DENIED THE OPPORTUNITY OF THE AMERICAN DREAM, HOMEOWNERSHIP, WHICH IS THE FIRST STEP IN GAINING PERSONAL WEALTH. AND WE'RE KILLING OURSELVES OVER THIS, AND WE'RE KILLING A GENERATION, A COUPLE GENERATIONS OF PEOPLE DOING IT.

[01:20:01]

SO NOW I'LL RESORT TO FIGURES FROM 2020 AND 2020, THE TOWN OF HAMBURG WAS 30% RENTAL PROPERTIES. THIS COMPARES TO 15, 16, 17% FOR PLACES LIKE LANCASTER, EAST AURORA, ORCHARD PARK. TO WHICH I SAY, FOLKS, IF YOU WANT TO DEVELOP PROPERTY, THERE'S A LOT OF OPPORTUNITY IN DOWNTOWNS. PLEASE TAKE YOUR MONEY AND GO GET IT AND HAVE FUN WITH IT. MAKE SOME MAKE MAKE SOME MONEY ON THEM BECAUSE WE'VE HAD OUR FILL. WE HAVE SEEN THE LAST TIME I SAW A PLAN FOR THIS PROPERTY, THERE WERE APARTMENT BUILDINGS GOING TO GET PLOPPED DOWN IN THE PARKING LOT, AND WE WERE GOING TO HAVE MORE HIGH DENSITY HOUSING. AND BY GOD, IF I EVER HEAR OF ANOTHER PILOT AGREEMENT FOR A HOUSING PROJECT, NUCLEAR IS THE ONLY WORD I CAN DESCRIBE FOR MY REACTION. BECAUSE FOLKS, IF YOU DON'T WANT A PILOT AGREEMENT IS ITS PAYMENT IN LIEU OF TAXES.

AND THIS IS DONE SO THAT PEOPLE WHO MAKE A LOT MORE MONEY THAN YOU AND I WILL EVER THINK OF IN THE REST OF OUR LIVES, TRANSFER THE BURDEN OF MAINTAINING, OF TOWN EXPENSE ONTO THE HOMEOWNER INSTEAD OF THE DEVELOPER WHO IS MAKING I'M SORRY FOLKS, I'M HAVING A REALLY HARD TIME DEVELOPING A GREAT DEAL OF SYMPATHY FOR MULTIMILLIONAIRE DEVELOPERS WHO DON'T LIVE IN HAMBURG AND NEVER WILL. IT'S IT'S KIND OF HARD. IT JUST IT'S A I WANT TO BE. I WANT TO BE KIND. I WANT TO BE COMPASSIONATE. BUT IT'S A BIT OF A REACH FOR ME. OKAY. WELL, I'M GOING TO SAY IS THIS IF YOU GIVE IT, IF YOU GIVE A PIECE OF OUR TOWN HISTORY, A LOCAL LANDMARK DESIGNATION AND THEREBY MAYBE, MAYBE SOMEONE CAN COME IN AND CAN DO SOMETHING WITH THAT PROPERTY THAT WOULD BE MORE IN KEEPING WITH THE NEIGHBORHOOD, BE MORE IN KEEPING WITH THE COMMUNITY, WOULD BE A BENEFIT TO THE CITIZENS OF THE COMMUNITY, AS OPPOSED TO THOSE WHO SIMPLY WANT TO COME IN, FEED ON THE CARCASS OF HAMBURG AND THEN FLY AWAY. SORRY FOLKS, THAT'S WHAT CARRION FOWL DO. GOOD EVENING. MERRY CHRISTMAS CHRISTINE. JACK EDSON. HI, EVERYBODY. IT'S VERY NICE TO BE HERE WITH YOU. I SERVED AS THE CHAIRMAN OF THE HISTORIC PRESERVATION COMMISSION FOR ABOUT THREE YEARS, AND WANT TO REMIND EVERYBODY THAT THE REASON IT WAS ESTABLISHED WAS TO DEAL WITH THE BAYVIEW HOTEL. WE HAD A MEETING ALMOST EVERY MONTH FOR THAT MANY YEARS. AND WE ALSO ALWAYS TALKED ABOUT THE BAYVIEW AND OUR DETERMINATION TO HAVE IT DESIGNATED A LOCAL LANDMARK. I IS THE CHAIRMAN.

DURING THAT TIME PERIOD, I DID WRITE THE REFERRED TO 2022 APPLICATION TO DESIGNATE THE BUILDING A LOCAL LANDMARK, AND I READ IT TODAY FOR THE FIRST TIME SINCE I WROTE IT SOME YEARS AGO. AND I'M STANDING BY EVERY WORD IN IT. I THINK IT REALLY MAKES A VERY STRONG CASE FOR THIS PLACE TO BE OUR FIRST HAMBURG TOWN. LOCAL LANDMARK IN. I WAS GIVEN A COPY OF THE REBUTTAL WRITTEN AGAINST MY WONDERFUL PIECE, AND HONESTLY, I WAS APPALLED. THERE WERE NUMEROUS ERRORS IN IT. THE WRONG DATE. 1819. SOMETHING INSTEAD OF 18. SOMETHING YOU KNOW TWICE, AND ALSO SORT OF, I DON'T KNOW, NON-SEQUITURS. ET CETERA. ET CETERA. TODAY AT THE HEARING, I LISTENED VERY CAREFULLY IS MY PIECE GOT KIND OF CHOPPED UP AGAIN AND DIDN'T LIKE IT. AND I WAS HAPPY TO SEE, THOUGH, IN THE POWERPOINT PRESENTATION, THE PICTURE, THE BAY VIEW OUT OF MY BOOK. I'VE WRITTEN THREE BOOKS ON HAMBURG HISTORY, SO I DO KNOW WHAT THESE PLACES ARE AND WHAT THEY MEAN TO THE COMMUNITY IS, MR. COZAD POINTED OUT. WE'RE NOT LOOKING FOR NATIONAL REGISTER. WE'RE NOT LOOKING FOR STATE REGISTER. THIS IS A LOCAL LANDMARK, AND THE CRITERIA IS VERY DIFFERENT FOR LOCAL FOR NATIONAL REGISTER. IT'S, YOU KNOW, YOU'RE TALKING MONTICELLO, THE GETTYSBURG BATTLEFIELD, YOU KNOW, THE BIGGIES THAT ARE THE NATIONAL HISTORY. THE SAME WITH THE STATE. YOU'RE LOOKING FOR THINGS THAT ARE STATE IMPORTANCE FOR LOCAL HISTORY, LOCAL LANDMARK. YOU'RE LOOKING FOR SOMETHING IMPORTANT TO YOUR LOCAL COMMUNITY. AND THAT'S HAMBURG. I WANT TO WRAP THIS UP QUICKLY, ALTHOUGH THERE'S SO

[01:25:05]

MANY POINTS THAT I HEARD THIS EVENING, MUCH TALK ABOUT THE INTERIOR, THE HOTEL, THIS AND THAT. THE INTERIOR DOESN'T MATTER. YOU'RE DESIGNATING THE EXTERIOR. YOU'RE ALSO DESIGNATING THE LAND. OKAY. AND IF YOU THINK ABOUT IT IS BOB POINTED OUT, WE'RE BEGINNING 1805 ON THAT LAND. HAMBURG WASN'T A TOWN TILL 1812, SO THAT IN WHICH WAS BEGUN IN 1805 GREATLY PREDATES EVEN THE TOWN. AND I THINK SOMETHING LIKE THAT DESERVES A LOT OF RESPECT.

THERE'S REALLY NOT MUCH ELSE AROUND THAT DATES FROM THAT TIME PERIOD, EVEN THE DATE 1875, FOR THE BUILDING OF THE MANSARD ROOF, SECOND EMPIRE STYLE HOTEL. THAT'S 150 YEARS AGO. A BUILDING HAS TO BE 50 YEARS OLD TO BE CONSIDERED FOR A DESIGNATION. AND WE'VE GOT 150.

HOWEVER, WAY YOU WANT TO LOOK AT IT, WHATEVER WAY YOU WANT TO CUT THE CAKE. I THINK I'VE SORT OF TAKEN ENOUGH TIME AND WANT TO THANK YOU ALL FOR THE ATTENTION AND INTEREST IN THIS BUILDING IS MY TERM. THREE YEARS IS THE THE CHAIRMAN. IT WAS AMAZING HOW EVERYBODY REFERRED TO IT AS A LANDMARK. KIND OF A NO BRAINER. IT REALLY IS AN ASSET TO THE COMMUNITY.

AND I REALLY ENCOURAGE YOU TO DESIGNATE IT AS OUR FIRST TOWN LANDMARK. THANK YOU, THANK YOU.

ANYBODY? SURE. JOE KILLIAN. GOOD EVENING. I'LL EAT THE MICROPHONE. I WAS TOLD BY JIM BAKER A FEW YEARS AGO THIS DECISION IS A NO BRAINER. THIS IS ONE OF THE OLDEST BUILDINGS IN HAMBURG AND DESERVES SOME KIND OF RECOGNITION. IT'S BEEN IN BUSINESS FOR 150 YEARS. ANY OTHER TOWN THAT WOULD BE ENOUGH TO GET HISTORIC PRESERVATION. I WOULD ASSUME 150 YEAR OLD BUSINESS IN YOUR TOWN. COME ON. THOUSANDS OF PEOPLE HAVE DRANK, HAD DINNERS THERE AND DANCED THERE, AND SOME STAYED OVERNIGHT WHEN IT WAS STILL A HOTEL. AFTER IT IS GONE AND NOTHING IS BUILT WILL EVER REPLACE THE BAYVIEW. ALL OF THE BUILDINGS IN THIS TOWN, THIS IS THE ONE THAT IS THE MOST SPECIAL. THE BAYVIEW IS. AND THE REASON I GOT INTO THIS IS JIM SHORE TOLD ME 14 YEARS AGO THE PLAN FOR THE BAYVIEW WAS TO LEVEL THE GO CART TRACK AND PUT CONDOS THERE, FILL THE THE PARKING LOT WITH CONDOS, AND EVENTUALLY KNOCK THE BAYVIEW DOWN AND PUT CONDOS THERE. THAT'S WHY I GOT INVOLVED WITH THIS 14 YEARS AGO. THAT CAME FROM SOMEWHERE, AND THAT CAME FROM THE SUPERVISOR TELLING ME THAT NOW, I KNOW THESE PEOPLE SAY THEY DON'T WANT TO TEAR IT DOWN, BUT AT ONE POINT LAST YEAR THEY HAD A OR TWO YEARS AGO, MAYBE IT WAS THEY WANTED TO PUT SEVEN CONDOS ON THE VOLLEYBALL COURT. REALLY? VOLLEYBALL COURT. COULDN'T YOU PUT 20 ON THE VOLLEYBALL COURT? I MEAN, THERE'S ENOUGH ROOM IF YOU'RE IF YOU REALLY SQUEEZE THEM IN. YEAH. GO WITH A CERTAIN WAY. SEVEN CONDOS ON A VOLLEYBALL COURT. YOU KNOW BIG DADDY'S. THAT WAS THE ORIGINAL PLAN. AND 40 CONDOS ACROSS THE STREET. AND FOUR STORY BUILDING THAT WOULD COMPLETELY BLOCK THE VIEW OF THE BAYVIEW FROM ANYWHERE, ROUTE FIVE OR ANYWHERE. THAT WAS A PLAN FROM ELLICOTT DEVELOPMENT. I'M JUST SAYING. AND THESE PEOPLE WERE HIRED. SO THEY'RE GOING TO FIND REASONS WHY THEY SHOULDN'T HAPPEN. THANK YOU FOR YOUR TIME AND MERRY CHRISTMAS AND HAPPY NEW YEAR. THANK YOU. AND I WOULD LIKE TO RECOGNIZE MR. SHAW. OUR FORMER SUPERVISOR IS HERE TONIGHT. THANK YOU. THANK YOU. JACK O'CONNOR. GOOD EVENING. I KNOW I'M NOT AS EXPERIENCED AS A LOT OF PEOPLE IN THIS ROOM, BUT AS I WAS LISTENING TO HER SPEECH ABOUT THE THE QUALITY AND THE MATERIALS OF THE BUILDING, I THOUGHT OF THE THOUGHT EXPERIMENT, THE SHIP OF THESEUS,

[01:30:02]

AND HOW THAT COULD BE COMPARED TO THIS SITUATION WHERE THE MATERIALS FROM THE ORIGINAL BUILDING HAVE BEEN SLOWLY STRIPPED AWAY AND EXCUSE ME, AND TURNED INTO THE BUILDING THAT WE HAVE TODAY. AND IF WE TOOK ALL OF THE MATERIALS FROM THE BUILDING THAT WAS IN THE 1800S AND WE PUT IT SOMEWHERE ELSE, YOU KNOW, WE BUILT THAT WITH THE ORIGINAL MATERIALS SOMEWHERE ELSE, THAT WOULDN'T BE THE SITE THAT WE'RE ALL, YOU KNOW, UP IN ARMS ABOUT. AND THAT'S REALLY ALL I HAVE TO SAY ABOUT THIS. I DON'T SPECIFICALLY SUPPORT THE REMOVAL OF THIS BUILDING. I KNOW THAT IT'S YOU KNOW, IT'S BEEN SAID THAT THERE'S NO INTENTION TO DEMOLISH IT. BUT IF THERE WASN'T AN IF, EXCUSE ME, IF THERE WASN'T AN INTENTION OF DEMOLISHING IT, WHY WAS THIS ENTIRE CONFLICT BROUGHT UP? SO THANK YOU AGAIN.

MERRY CHRISTMAS. THANK YOU, THANK YOU, THANK YOU FOR SPEAKING. THAT'S ALL I HAVE FOR SPEAKERS THAT ARE SIGNED UP OKAY. ALL RIGHT. BECAUSE WE GOT A HIGH 46 YEARS AGO I WAS GOING TO BUY THE BABY FROM KATE. I GOT OUTBID BY JOE ORLANDO. I DID ALL THE WORK THAT EVERYBODY'S TALKING ABOUT 46 YEARS AGO. INSTEAD OF USING TWO BY SIXES, WE USE TWO BY TWELVES.

WE PUT THE FINEST MATERIALS WE COULD FIND TO REDO THE STRUCTURE OF THE BABY, THE PLUMBING, THE HVAC, ETC. ETC. THE PARKING LOT I BUILT, THE PARKING LOT, THE GO KART TRACK.

I BUILT, THE GO KART TRACK. I GOT OUT THERE 47 YEARS. WE'RE LOOKING FOR COMPROMISE TONIGHT.

WE'RE NOT LOOKING FOR A BAIL. THESE PEOPLE HAVE AN AGENDA. WE HAVE AN AGENDA. WHATEVER WE CAN DO TO COME TOGETHER TO MAKE THE BAYVIEW NICE, AND TO HAVE YOU MAKE SOME MONEY TO HAVE BILLY AND CARL MAKE SOME MONEY. THERE'S NOTHING AGAINST ANYBODY MAKING MONEY IN AMERICA. WE LIVE IN THE GREATEST COUNTRY IN THE WORLD. 46 YEARS. I'M AT THE BAYVIEW. YOUR KIDS COME THERE, YOU HAVE DATES THERE. YOU RIDE THE GO CARTS HERE WITH YOUR GRANDKIDS WHERE THEY'RE. LET'S HOPE THAT EVERYONE CAN COME TOGETHER AND MAKE THIS HAPPEN. YOU'RE IN A TOUGH SPOT HERE TONIGHT. YOU WALKED INTO A HORNET'S NEST WITH THREE. YOU'VE GOT A LOT OF CRAP. I TOLD BILLY I'D COME OUT HERE. EXCEPT FOR MR. HOPKINS. HE'S A LAWYER. HE'S USED TO IT. IT NEEDS. IT NEEDS TO BE SAVED. IT NEEDS TO BE UPGRADED, AND IT NEEDS TO BE. HAVE SOMETHING NICE DONE TO IT. AND THEY HAVE THE SKILLS. THESE PEOPLE HAVE SKILLS. THEY HAVE THE SKILLS TO FIX IT. YEAH. YOU KNOW, WE HAVE THE SKILLS. YOU HAVE THE I MEAN COME ON. ONE CALL TO KATHY HOCHUL AND YOU COULD GET BREAD. I MEAN SHE GETS MILLIONS AND MILLIONS AND MILLIONS OF DOLLARS TO NEW YORK CITY. SEND $1 MILLION HERE. SHE LIVES HERE. SHE GREW UP ON THE GO KARTS WITH HER BROTHER. MIKE AND I PLAYED BASKETBALL. I MEAN, YOU GUYS HAVE A CONNECTION HERE.

LET'S MAKE THE MAGIC HAPPEN. THANK YOU. MERRY. THANK YOU. ALL RIGHT, WE GOT ANOTHER PUBLIC HEARING. I DO HAVE ONE QUESTION, THOUGH, BECAUSE YOU RAISED AN EXCELLENT POINT. AND THANK YOU FOR SPEAKING. EXCUSE ME. SO THE STATE BASICALLY SAID THAT A BUILDING CANNOT BE DESIGNATED, BUT CAN YOU RESUBMIT THAT FOR CONSIDERATION? CAN YOU MAKE RESERVATIONS OR RESERVATIONS, RENOVATIONS OR IMPROVEMENTS AND THEN ASK THAT? SO WE'VE WE'VE TRIED TO ARGUE FOR SOMETHING LIKE THAT BEFORE, WHERE THERE'S NOT ENOUGH EXTANT FABRIC FOR LISTING. SO THERE HAS TO BE ENOUGH INTEGRITY LEFT. AND WE'VE BEEN TOLD BOTH BY THE NATIONAL PARK SERVICE AND THE STATE HISTORIC PRESERVATION OFFICE, YOU CAN'T RECONSTRUCT YOUR WAY TO A NATIONAL REGISTER LISTING. YOU CAN'T. I MEAN, THERE HAS TO BE ENOUGH THERE TO BEGIN WITH, AND YOU CAN RECONSTRUCT SOME. SO IF WE WERE JUST TALKING ABOUT SOME OF THE STUFF NOT BEING THERE, MAYBE, YOU KNOW, WE DO IT ALL THE TIME WITH INDUSTRIAL BUILDINGS WHERE WE DON'T HAVE THE WINDOWS ANYMORE. SO WE RECONSTRUCT THEM. AND YOU'VE ALL SEEN THAT WHEN YOU'VE DRIVEN BY AND SEEN THE INDUSTRIAL BUILDINGS WITH THEIR NEW INDUSTRIAL SASH, THERE HAS TO BE ENOUGH LEFT. BECAUSE THE OTHER THING YOU CAN'T DO, WE SEE THE EXTERIOR PHOTO, BUT YOU ALSO HAVE TO DO THE INTERIOR.

WE HAVE NOTHING LEFT TO KNOW WHAT IT LOOKED LIKE BECAUSE THERE'S NO GHOSTING, THERE'S NO INDEXING, THERE ARE NO CLUES. IT'S ALL BEEN LITERALLY WIPED AWAY. AND THAT, AGAIN, IS THE THING TO REMEMBER. EMOTION IS GREAT. THE ATTACHMENT TO PLACE IS REALLY STRONG, BUT THERE HAS

[01:35:03]

TO BE ENOUGH OF THAT PLACE LEFT. SO I MEAN, YEAH, SO IT WOULD INVOLVE A DEMOLITION ACTUALLY, JUST TO SAY TO BRING IT BACK TO THAT, YOU'D HAVE TO DEMOLISH PORTIONS OF. OKAY THEN IT'S NOT THAT BUILDING. MAKE A MOTION TO CLOSE THE PUBLIC HEARING. BOB MAHONEY OKAY. HOW ARE YOU TONIGHT? I'M SPEAKING ON BEHALF OF LEANNE POWERS. COULDN'T BE HERE TONIGHT, SO SHE ASKED ME TO SPEAK ON HER BEHALF. IT'S NOT MY RESUME, SO DON'T CONFUSE THE TWO. I AM A LONGTIME HOOVER BEACH RESIDENT. MULTI-PROPERTY OWNER ON THE LAKESHORE COMMUNITY, AND A HISTORIAN SPECIALIZING IN HOOVER BEACH, ATHOL SPRINGS, BAY VIEW CORRIDOR. I HOLD A MASTERS OF ARTS AND HISTORY WITH A FOCUS ON LOCAL AND REGIONAL HISTORY, AND MY WORK INCLUDES COLLECTING ORAL HISTORIES FROM FAMILIES WHO HAVE LIVED HERE FOR NEARLY A CENTURY. THESE STORIES, COMBINED WITH HISTORICAL DOCUMENTATION, MAKE IT ABSOLUTELY CLEAR THAT BAYVIEW HOTEL IS THE MOST SIGNIFICANT SURVIVING HERITAGE STRUCTURE ON LAKE ERIE'S SOUTHERN SHORE, A RARE LAKE OF THE HAMBURGS FOUNDING HISTORY. A VERY LITTLE OF OUR WATERFRONT HERITAGE SURVIVES. EARLY SETTLERS WALK THESE EXACT SHORES FROM BARKERVILLE, HAMBURG TO BUFFALO IN THE EARLY 1800S. ALONG THEIR PATH, SHORELINE ENDS IN TAVERNS, INCLUDING THIS ONE DOTTED THE ROUTE. THESE ESTABLISHMENTS HOUSED MIGRANTS TRAVELING WESTWARD AND SHAPED THE DEVELOPMENT OF LAKE ERIE'S COASTAL COMMUNITIES. THE 1805 HOTEL AND ITS LATER INCARNATIONS EVOLVED INTO THE BAYVIEW HOTEL AROUND 1870. EVEN WITH THE PAST, FIRE EVIDENCE SHOWS PORTIONS OF THE ORIGINAL FOUNDATION REMAIN, AND THE CURRENT BUILDING RETAINS ITS 19TH CENTURY MASSING, THREE STORY FORM, AND DISTINCTIVE VERNACULAR IN ARCHITECTURE.

THIS BUILDING IS THE LAST SURVIVING EXAMPLE OF THAT SHORELINE HERITAGE IN HAMBURG.

AGAIN, THIS BUILDING IS THE LAST SURVIVING EXAMPLE OF THE SHORELINE HERITAGE IN HAMBURG.

ITS SILHOUETTE, THE LONG PORCH, THE TALL STRUCTURE, THE NARROW FACADE FACING HOOVER ROAD IS THE SAME VOCABULARY USED IN HISTORICAL GREAT LAKES TAVERNS AND INNS. THE TOWN'S OWN CLOCK TOWER WAS DESIGNED IN HOMAGE TO THIS BUILDING. IT IS THEREFORE CONTRADICTORY TO NOW CONSIDER DEMOLISHING THE VERY STRUCTURE THAT INSPIRED A MAJOR, MAJOR CIVIC LANDMARK. ARCHITECTURAL INTEGRITY REMAINS DESPITE ALTERATIONS. THE DORMERS AND THE REAR ADDITIONS DO NOT ERASE THE HOTEL'S HOTEL'S HISTORICAL VALUE. THEY REFLECT THE CLASSIC PATTERN OF ADAPTIVE EVOLUTION SEEN IN MANY 19TH CENTURY INNS. THE BUILDING'S ESSENTIAL IDENTITY, ITS PROPORTIONS, FORMS AND FUNCTION REMAIN INTACT. UNDER FEDERAL PRESERVATION STANDARDS. A STRUCTURE IS ELIGIBLE WHEN ITS EVOLUTION REFLECTS CONTINUOUS COMMERCIAL USE ACROSS CENTURIES.

THE BAYVIEW FITS THIS DEFINITION PRECISELY. NEGLECT, NOT INHERENT FAILURE, HAS HELD THE BUILDING BACK. THE BAYVIEW HOTEL HAS NOT BEEN ALLOWED TO SHINE. THE ISSUES WE SEE TODAY STEM ENTIRELY FROM MISMANAGEMENT AND INSUFFICIENT INVESTMENT. BATHROOMS UNTOUCHED FOR 40 YEARS, BROKEN CONCRETE AND UNSAFE EXTERIOR CONDITIONS, POOR STAGING AND EVENT SETUPS, OVERPOWERING NON-MARKET APPROPRIATE BRIGHT RED EXTERIOR PAINT REVIEWS CONSISTENTLY CITING CLEANLINESS AND OPERATIONAL FAILURES. I HAVE HOSTED BUSINESS EVENTS THIS VENUE AND HAVE PERSONALLY WITNESSED THE OPERATIONAL ISSUES. NONE OF THESE PROBLEMS ARE STRUCTURAL. THEY ARE ALL MANAGERIAL. COMPARABLE VENUES PROVE THIS MARKET WORKS. THE CLAIM WATERFRONT HOSPITALITY CANNOT WORK HERE IS SIMPLY INCORRECT. HOAX A LONG TIME ROUTE FIVE ESTABLISHMENT THRIVES WITH CONTINUOUS TRAFFIC AND HIGH DEMAND. THE WOODLAWN BANQUET VENUE, OPERATED BY SOLEIL ILIO DIPAOLO, CONTINUES TO BE EXTREMELY SUCCESSFUL WITHOUT A LAKE VIEW. IF A BANQUET AND EVENT CENTER THRIVES AWAY FROM THE WATER, THEN HISTORICAL THREE STORY IN DIRECTLY ON LAKE ERIE IS UNQUESTIONABLY VIABLE WITH PROPER STEWARDSHIP. HIDEAWAY BAY AND HANOVER BEACH HAS EXPERIENCED MONUMENTAL SUCCESS IN THE PAST FEW YEARS. IT HAS EVOLVED FROM A FEW COTTAGE RENTALS TO A YEAR ROUND FINE DINING AND EVENTS. LUCIOUS. LUCIOUS ON THE LAKE HAS REMARKABLE SUCCESS, ATTRACTING DINERS THROUGHOUT THE REGION. ACROSS WESTERN NEW YORK AND GREAT LAKES. WE SEE COUNTLESS EXAMPLES, MOST NOTABLY IN CHAUTAUQUA, WHERE LATE 19TH CENTURY BUILDINGS IN FAR WORSE CONDITIONS HAVE BEEN RESTORED AND NOW OPERATE AS CULTURAL ANCHORS, INNS, CAFES AND EVENT

[01:40:03]

VENUES. RESTORATION IS NOT ONLY POSSIBLE, IT IS PROVEN TO BE PROFITABLE. THE BAYVIEW HOTEL IS A GRAND LAKESHORE LADY, A PAINTED LADY WAITING FOR THE RIGHT HAND'S TOWN LEVEL.

INFRASTRUCTURE FAILURES HAVE ALSO HURT VIABILITY. THE TOWN'S DECISIONS HAVE DIRECTLY HINDERED THE BUILDING'S ABILITY TO SUCCEED. THE PARKING LOT SITS ACROSS HOOVER, YET NO DESIGNATED PEDESTRIAN CROSSING EXITS. NO LIGHTS, JUST CRASHED, JUST CRACKED PAVEMENT. HOOVER ROAD LACKS EVEN A BASIC YELLOW CENTER LINE. RESIDENTS HAVE STRUGGLED FOR YEARS TO OBTAIN TRAFFIC ENFORCEMENT DESPITE SEVEN LIQUOR SERVING ESTABLISHMENTS ON THE ROAD.

GOOGLE EARTH IMAGINARY CLEARLY SHOWS UNMARKED PAVEMENT AND ROADWAY CONDITIONS INCONSISTENT WITH A GATEWAY TO THE TOWN. IF HAMBURG EXPECTS TO SUCCESS ALONG ITS WATERFRONT, IT MUST PROVIDE INFRASTRUCTURE THAT SUPPORTS IT. IT IS UNREASONABLE TO CALL THE BUILDING A FAILURE.

WHEN FUNDAMENTAL SAFETY MEASURES WERE NEVER IMPLEMENTED, A NEIGHBORHOOD THAT COEXISTED WITH THE BAYVIEW FOR 100 PLUS 150 PLUS YEARS, THIS VENUE HAS OPERATED FOR MORE THAN A CENTURY WITHIN A STABLE RESIDENTIAL NEIGHBORHOOD FOR OVER 100 HOMES WITHOUT CONFLICT.

IT HAS ALWAYS EXISTED HARMONIOUSLY WITH THE HOOVER BEACH TO NOW PROPOSE DENSE WATERFRONT APARTMENTS NOT QUALITY CONDOS, BUT GENERIC HIGH DENSITY UNITS THREATENS TO PLACE STRAIN ON TRAFFIC, PARKING, EMERGENCY ACCESS, NEIGHBORHOOD IDENTITY AND THE INTEGRITY OF THE ALREADY NARROW AND DELICATE SHORELINE COMMUNITY. THESE PROPOSALS DO NOT MATCH THE HISTORICAL MISSION OR SCALE OF HOOVER BEACH BAYVIEW ATHOL SPRINGS.

THEY DO NOT COMPLEMENT THE TOWN'S CULTURAL VISION, AND THEY PERMANENTLY ELIMINATE ONE OF THE LAST MEANINGFUL HISTORICAL STRUCTURES ON THE LAKE SHORELINE. THE TOWN HAS ALREADY IDENTIFIED THESE AREAS AS A WATERFRONT COMMERCIAL DISTRICT. THROUGH STUDIES WITH FISHER ASSOCIATES, THE TOWN OF HAMBURG EXPRESSED INTEREST IN DEVELOPING CORRIDOR INTO A WATERFRONT COMMERCIAL DISTRICT WITH HOTELS AND MIXED USE HOSPITALITY TO NOW DEMOLISH THE ONLY EXISTING HOSPITALITY ANCHOR. CONTRADICTS CONTRADICTS THAT VISION. IF ELEGANT DEVELOPMENT, A COMPANY WITH PROVEN SUCCESS RESTORING HISTORICAL BUILDINGS SUCH AS THE GIACOMO HOTEL, FEELS UNSUPPORTED OR UNCLEAR ABOUT EXPECTATIONS, THEN THE TOWN MUST TAKE RESPONSIBILITY FOR PROVIDING CLARITY AND PRESERVATION FORWARD GUIDANCE.

THE ABILITY TO RESTORE THIS BUILDING ABSOLUTELY EXIST. CONCLUSION. THE BAYVIEW HOTEL IS STRUCTURALLY SOUND, HISTORICALLY SIGNIFICANT, CULTURALLY RICH ASSET. IT HAS BEEN MISMANAGED, NOT MISCAST. IT HAS BEEN NEGLECTED, NOT OUTDATED. IT HAS BEEN SUFFOCATED, NOT DEPLETED. ONCE DEMOLISHED, ITS HISTORY IS GONE FOREVER. ONCE DEMOLISHED, ITS HISTORY WILL BE GONE FOREVER. BUT IF PRESERVED, IT CAN BECOME THE BEATING HEART OF THE WATERFRONT DISTRICT. HAMBURG HAS SPENT DECADES TRYING TO CREATE. I URGE THE TOWN OF HAMBURG, ITS HISTORICAL PRESERVATION COMMISSION AND ALL DECISION MAKERS TO TAKE SERIOUSLY THE RESPONSIBILITY TO PROTECT AND REHABILITATE THE BAYVIEW HOTEL. THIS IS OUR LAST LINK TO THE SHORELINE HERITAGE THAT SHAPED WESTERN NEW YORK. THE COMMUNITY DESERVES PRESERVATION, NOT ERASURE. THANK YOU. ALL RIGHT. OKAY, JOSH, CAN I ASK QUICKLY FOR CLARIFICATION TO HELP FRAMEWORK THIS CONVERSATION IN OUR MINDS AS WE'RE GOING INTO MAKING DECISIONS? NOT TODAY, IN THE FUTURE? WHAT IS THE OUTCOME? IF YOU WERE TO GIVE IT A HISTORIC DESIGNATION AT JUST THE TOWN LEVEL, LIKE WHAT IS? BECAUSE WE'VE TALKED A LOT ABOUT THE STATE LEVEL AND THE FEDERAL LEVEL, BUT WHAT DOES IT MEAN IF WE DO IT AT THE TOWN LEVEL? WHAT'S THE HARDSHIP ON THE ELLICOTT DEVELOPMENT? I THINK BENEFIT THERE MIGHT BE A BENEFIT. THAT'S WHY I'M TRYING TO UNDERSTAND IS WHAT IS THE IMPLICATION OF IF THAT DESIGNATION IS GIVEN TO THIS PIECE? I WOULDN'T WANT TO COMMENT ON IT BECAUSE I'M NOT WELL VERSED IN. IT. OKAY. THANK YOU. OKAY. SO THEN WE YEAH I THINK WE BECAUSE WE HAVE TO WRAP THIS UP. WE GOT A COUPLE MORE PUBLIC HEARINGS. OKAY. I THINK WE HIT JUST A COUPLE THINGS. OKAY. THESE WERE MY COMMENTS. I'LL MAKE THEM QUICK. THE BAYVIEW HOTEL REPRESENTS A TIME BEFORE MODERN HIGHWAYS, ROADSIDE MOTELS AND A SYMBOL OF AN EARLIER ERA OF TRAVEL AND COMMUNITY GATHERING. IT WAS AN INTEGRAL, INTEGRAL IN HAMBURG'S BEGINNINGS AS A CENTRAL POINT FOR SOCIAL AND COMMUNITY BUILDING. IT CONNECTED THE CITY OF BUFFALO WITH TRAVELERS ALONG THE LAKESHORE. WHETHER WE TALK OF CURRENT DAY 50 YEARS AGO OR 100 YEARS AGO, THIS LOCATION HAS BEEN A KEY GATHERING PLACE FOR THE HAMBURG COMMUNITY. THE BAYVIEW HOTEL AND OR THE COWBOY

[01:45:02]

SERVES AS A TANGIBLE LINK TO THE AREA'S PAST, REPRESENTS A SIGNIFICANT HISTORICAL PERIOD, AND HOLDS CULTURAL VALUE IN THE TOWN OF HAMBURG. THE HAMBURG COMMUNITY HOPES TO BUILD A PARTNERSHIP TO WORK WITH THE PROPERTY OWNER TO HELP KEEP THIS HISTORIC GEM, NOT ONLY FOR HAMBURG, BUT ALSO FOR BUFFALO AND THE SURROUNDING COMMUNITIES. ELLICOTT DEVELOPMENT, LIKE IT OR NOT, IS THE KEEPER OF ONE OF HAMBURG'S MOST HISTORIC, BELOVED TREASURES. WE LOOK TO THEM IN HOPES TO BUILD A PARTNERSHIP. THE TOWN OF HAMBURG DOES NOT HAVE ANY PROPERTIES DESIGNATED AS HISTORIC LANDMARKS. WE HAVE 10 OR 11 HISTORIC MARKERS WITHIN THE TOWN, NO DESIGNATED LANDMARKS. WE HAVE MET THE BURDEN OF THE CRITERIA IN THE LOCAL CODE. YOU MUST WEIGH THE VALUE OF PRESERVING HAMBURG'S HISTORY, AND YOU HAVE AN OPPORTUNITY TO MAKE YOUR OWN HISTORY BY DESIGNATING THE FIRST LOCAL LANDMARK. JUST A QUICK POINT. THE INITIAL LANDMARK. APPLICATION THAT WAS SUBMITTED IN 2022. WE WITHDREW THAT AT THE REQUEST OF THE TOWN BOARD AT THAT TIME. THAT'S WHY THAT APPLICATION STOPPED AND A NEW ONE WAS DONE. WE ARE NOT SEEKING NATIONAL DESIGNATION BECAUSE THAT CRITERIA IS MUCH DIFFERENT. LOCAL DESIGNATION IS LEFT TO LOCAL OFFICIALS AND AND THE FEDERAL AND NEW YORK STATE SCHIPA SEND IT TO THE LOCAL AREA FOR THEIR INPUT, BECAUSE THEY KNOW BETTER. WE WANT TO WORK WITH THE OWNERS TO HELP THEM SO IT ISN'T A BURDEN. WE DO NOT WANT AN ADVERSARIAL RELATIONSHIP. AND I ALSO HAVE HERE A SPEAKER, TOM YACHTS, FROM PRESERVATION STUDIOS, WHO CAN SPEAK TO THE IMPLICATIONS FOR THE OWNER. THANK YOU. MY NAME IS TOM YACHTS. I AM THE FOUNDER OF PRESERVATION STUDIOS, AND I CURRENTLY SERVE AS ITS DIRECTOR OF MUNICIPAL SERVICES.

YOU, THE TOWN OF HAMBURG, HIRED US TO WORK WITH YOUR PRESERVATION COMMISSION AND ADVISE THEM ON THEIR ACTIVITIES. I DON'T NEED TO SPEAK ABOUT THE BUILDING TONIGHT BECAUSE EVERYONE ELSE HAS SPOKEN VERY WELL ABOUT THE BUILDING. I JUST WANT TO TALK TO YOU A LITTLE BIT ABOUT THE DESIGNATION ITSELF. I HAVE EXTENSIVE EXPERIENCE WORKING WITH COMMUNITIES AROUND THE AREA AND ACROSS THE STATE AND ON LONG ISLAND, WORKING WITH MUNICIPAL SERVICES, WORKING WITH THEIR DESIGNATION PROCESSES. I MYSELF SERVED FOR NINE YEARS ON A HISTORIC PRESERVATION COMMISSION IN A ECONOMICALLY CHALLENGED COMMUNITY OF NIAGARA FALLS. WE WORKED VERY CLOSELY, JUST AS LAURA SAID SHE WOULD LIKE TO DO WITH THE OWNERS OF HISTORIC BUILDINGS SO THAT THEY WERE ABLE TO FIND REASONABLE AND AFFORDABLE WAYS TO KEEP THE HISTORIC APPEARANCE, BUT STILL BE ABLE TO WORK WITH THE BUILDING THAT THEY HAD. I EVEN WORKED WITH A BUILDING THAT WAS COMPLETELY GUTTED. ON THE INSIDE. ALL IT WAS WAS STEEL GIRDERS AND CONCRETE FLOORS OF A 1930S BUILDING. AND I PUT THAT BUILDING ON THE NATIONAL REGISTER FOR ELLICOTT DEVELOPMENT. I WOULD LIKE TO SAY THERE ARE THINGS THAT CAN BE DONE. WHAT WAS THE NAME OF THAT BUILDING THAT WAS THE EARLIER REFERRED TO AS THE GIACOMO. BUT TO ME, IT'S STILL THE UNITED OFFICE BUILDING BECAUSE THAT'S ITS HISTORIC NAME. I, I JUST WANT TO TALK TO YOU JUST FOR A FEW MINUTES ABOUT WHAT YOUR PROCESS IS HERE.

YOU ESTABLISHED A HISTORIC PRESERVATION COMMISSION IN 2021, WHEN YOU ADOPTED THE PRESERVATION ORDINANCE AND THE LISTING OF THE DUTIES YOU LISTED. THE FIRST DUTY FOR THAT COMMISSION WAS TO RECOMMEND DESIGNATION OF HISTORIC LANDMARKS. YOU EVEN WENT SO FAR AS TO NAME YOUR. WENT SO FAR AS TO NAME YOUR ORDINANCE AS PROTECTION OF HISTORIC PLACES, BUILDINGS AND WORKS OF ART. THAT'S EXACTLY WHAT YOUR COMMISSION IS HERE TO DO. THEY ARE HERE TO PROTECT A BUILDING. THEY'RE HERE TO GIVE IT A LEVEL OF PROTECTION. THAT STATE AND NATIONAL REGISTER DESIGNATION DOES NOT GIVE IT. AND IT IS THEIR DUTY TO DO THAT. IT IS THEIR RIGHT. IT'S THEIR RESPONSIBILITY. YOU GAVE IT TO THEM. AND YOU WILL NOTICE IN THE LETTER THAT CAME FROM THE STATE HISTORIC PRESERVATION OFFICE, THEY DIDN'T MENTION A WORD ABOUT LOCAL DESIGNATION, BECAUSE THAT'S NOT THEIR RESPONSIBILITY. THAT'S NOT THEIR PURVIEW. THEY GIVE THAT TO THE LOCAL COMMUNITIES TO DO THAT. AND IN YOUR LAW, YOU HAVE DIFFERENT CRITERIA THAN THE ONES THAT ARE ON THE NATIONAL REGISTER. AND MAYBE THE BUILDING DOESN'T QUALIFY FOR THOSE THAT ARE OUR NATIONAL REGISTER CRITERIA, BUT IT DOES QUALIFY FOR YOURS. THAT HAS BEEN SHOWN RIGHT HERE. ONCE THE BUILDING IS DESIGNATED, ALL THAT IT MEANS IS THAT ANY CHANGES THAT THEY WANT TO MAKE TO THE EXTERIOR OF THAT BUILDING, INCLUDING DEMOLITION, WOULD NEED TO GO BEFORE THIS PRESERVATION COMMISSION. AS I

[01:50:01]

SAY, I WORKED FOR NINE YEARS IN AN ECONOMICALLY CHALLENGED COMMITTEE ON A PRESERVATION COMMISSION. WE WORKED WITH PEOPLE. WE HELPED THEM FIND WAYS TO MAKE THINGS WORK THAT THEY COULD AFFORD AND THAT WERE REASONABLE. I VERY QUICK LITTLE ANECDOTE A TREE FELL ON A BEAUTIFUL HISTORIC HOME, AND IT WAS OWNED BY A WIDOW WHO WAS LIVING ON A PENSION. HER INSURANCE COMPANY GAVE HER A MINIMAL AMOUNT OF MONEY TO RESTORE THIS HOUSE. WE WORKED WITH HER. WE GOT THE INSURANCE COMPANY TO GIVE HER MORE MONEY, AND THEN WE HELPED HER FIND MATERIALS THAT WERE GOOD SUBSTITUTES IN PLACE OF THE ORIGINAL ONES, AND WE HELPED HER FIND A CONTRACTOR WHO WOULD DO THIS FOR HER IN A REASONABLE WAY. THAT'S WHAT YOUR COMMISSION IS GOING TO DO ONCE YOU DESIGNATE THIS BUILDING. BUT IF YOU DON'T DESIGNATE THE BUILDING, THEN NONE OF THAT'S GOING TO HAPPEN. AND THE TOWN OF HAMBURG, THE PEOPLE OF HAMBURG, WILL LOSE ANY SAY IN WHAT HAPPENS TO THAT BUILDING. THE VALUE OF HISTORIC DESIGNATION IS THAT EVERY ONE OF THESE PEOPLE HERE, THEY CAN GO TO A PRESERVATION COMMISSION MEETING AND THEY CAN SPEAK. THAT DOESN'T HAPPEN IF A BUILDING IS NOT DESIGNATED. SO THAT IS THE REASON THAT YOUR COMMISSION IS ASKING YOU TO DO THIS, AND I HOPE THAT YOU WILL LISTEN TO THEM. YOU APPOINTED THEM. YOU CHOSE THEM BECAUSE THEY HAD THE QUALIFICATIONS TO BE ABLE TO DO THIS. AND THE VERY FIRST THING YOU TOLD THEM TO DO WAS TO DESIGNATE BUILDINGS. AND HERE THEY ARE WITH THEIR FIRST DESIGNATION FOR YOU. I DON'T SEE HOW YOU COULD SAY NO, THANK YOU, THANK YOU. OKAY, I THINK WE NEED TO MAKE A MOTION TO CLOSE THE PUBLIC HEARING REAL QUICK. I JUST WANT TO. OH COME ON. NO. SO IT'LL TAKE ONE SECOND.

COUNCIL MEMBER FARRELL, AS WELL AS MISS HAHN, INDICATED THEY'RE INTERESTED IN MAYBE A PARTNERSHIP, SEEING HOW WE CAN WORK TOGETHER. WHAT I WOULD REQUEST IS LET US HAVE THE OPPORTUNITY TO MEET WITH THE SELECT GROUP OF HPC AND COME BACK IN FRONT OF YOU. I DO WANT TO NOTE MR. FOX DID SEND MANY, MANY EMAILS TO AN INDIVIDUAL WHO'S NOT HERE TRYING TO EFFECTUATE THAT. LET US DO THAT. LET'S REPORT BACK. AND MAYBE THERE IS A WAY THAT WE CAN ALL COLLABORATE AND ACCOMPLISH EVERYONE'S GOALS. I WANT TO MAKE CLEAR AGAIN, PLEASE, EVERYONE ELSE GETS TO ME. WE ARE NOT DEMOLISHING THAT BUILDING AND I WANT TO MAKE THAT CLEAR AGAIN. WE'VE SAID IT 50 TIMES NOW. WE'RE NOT DEMOLISHING THAT BUILDING. SO GIVE US A CHANCE TO WORK WITH THE HPC. THANK YOU, MR. HOPKINS. I WOULD MAKE A MOTION TO CLOSE THE PUBLIC HEARING. AT THIS TIME, MR. MONACO HAS BEEN STANDING IN LINE FOR QUITE A WHILE. I THOUGHT HE WAS HERE FOR ANOTHER MINUTE. MR. MONACO, ARE YOU HERE FOR THIS? FOR THIS PUBLIC HEARING? YES. COMMENT FOR THE PROPERTY LOCATED AT 4331 CAMP ROAD. NO, THAT'S A DIFFERENT. OH, THAT'S A DIFFERENT ONE. NOW THIS IS FOR THE THIS IS JUST FOR THE BAYVIEW COWBOY. WHATEVER ELSE YOU WANT TO CALL IT. BARKERVILLE. THEY SAID THEY WERE GOING TO HAVE A PUBLIC HEARING. THAT'S AFTER WE HAVE THREE PUBLIC HEARINGS COMING UP.

THAT'S WHY WE'RE TRYING TO WRAP THIS ONE UP. SO. OKAY, I'LL GIVE YOU I'LL LET YOU KNOW. ALL RIGHT. THANKS. AND THE REZONING. YES. THANK YOU, THANK YOU. OKAY. SO YOU SAID REAL FAST MY MOTHER IS LEONA ROCKWOOD. AND THERE'S BEEN CLAIMS MANY, MANY TIMES THAT THERE HAVE BEEN A LOT OF EMAILS SENT. AND SHE DID NOT GET THEM. WE LOOKED THEY WERE NOT THERE. YOU MAY HAVE THE WRONG EMAIL ADDRESS, I CAN CLARIFY WITH YOU, BUT YOU CAN ALSO CALL HER IF YOU'RE I MEAN, SO I THINK YOU NEED TO STOP SAYING THAT BECAUSE YOU'VE SAID IT OVER AND OVER AND OVER AGAIN AND IT IS NOT TRUE. I THINK WE AGAIN, LET'S JUST TALK, OKAY? OKAY. BUT I, I FEEL LIKE, YOU KNOW, I'M. NEVER MIND. SHE DOES CARE ABOUT THIS PROCESS AND SHE WOULD NEVER EVER I KNOW MY MOTHER. SHE WOULD NEVER EVER NOT ADDRESS AN EMAIL THAT PERTAINS TO THIS ISSUE. THANK YOU. THANK YOU. OKAY. WE HAD A MOTION TO CLOSE BY. COUNCIL MEMBER AND A SECOND, ALL IN FAVOR OF THE MOTION SECONDED BY COUNCILMAN KOZUB. OKAY. ALL IN FAVOR? AYE. CLOSED. OKAY. CLARK, OREGON, THE OREGON ROAD. OKAY. ALL RIGHT. LEGAL LOTUS PUBLIC HEARING, LEGAL NOTICE. PUBLIC HEARING. PROPOSED LOCAL LAW NUMBER 12, 2025 OREGON ROAD REZONING. I BELIEVE THIS ONE IS OPEN FROM THE LAST MEETING. RIGHT. I DO NOT HAVE ANYONE SIGNED UP TO SPEAK ON THE PUBLIC HEARING. WHILE THE ROOM IS CLEARING OUT. ED, COULD YOU PLEASE RAISE YOUR HAND IF YOU ARE A HIGH SCHOOL SENIOR IN NEED OF SIGNATURE? ED HUGHES IS IN THE BACK LEFT HAND CORNER.

PLEASE GO FIND MR. ED HUGHES AND HE WILL SIGN YOUR PAPERWORK FOR YOU. WHICH ONE ARE YOU LOOKING FOR? OKAY, WITH THE BLACK SHIRT? THE. WHAT'S IT RIGHT HERE. COMING UP. HE'S GOT

[01:55:04]

A GREEN. OH. OKAY. GOOD. SO I JUST PUT HIM ON. SO WHICH ONE? HE'S COMING UP TO THE PODIUM.

YEP. COMING UP THE OREGON ROAD. IS THIS RIGHT HERE. YEAH. WE GOT IT CLOSE. AND WE DID CLOSE THIS ALREADY. SO YEAH WE'RE TRYING TO GET HIM UP HERE. REVITALIZATION RIGHT HERE IN THE FRONT ROW SIR. ARE YOU OREGON ROAD. YES. WE GET AWAY FROM THE CLEAR OUT, MISTER WITT.

RIGHT. IT'S WHITMAN. SORRY. OKAY. MY MEMORY'S SHOT. WE FOUND. WE FOUND YOU 4.7 HERE.

YOU WANT TO LOOK AT HIM, JOSH? WELL, YOU GOT HIM RIGHT HERE. IT'S NICE SEEING YOU AGAIN.

THAT'S CANNABIS. 4.4 ALREADY PICKED ON ME. I DID THE LOCAL LAW NUMBER 14. I BOUGHT ALL THE MATERIALS. I DID SIGN THEM UP. RIGHT? I REBUILT THE PAGE. RIGHT. OKAY. SO, SIR, COULD YOU

[4.2. Public hearing Proposed Local Law 12, 2025 Oregon Road Rezoning]

PLEASE STATE YOUR NAME THEN? OKAY. WE WE HAVE A PUBLIC HEARING IF WE COULD PLEASE.

GOOD EVENING. MY NAME IS MARK WHITMAN. AND 25 YEARS AGO, MY WIFE AND I BOUGHT THE HOUSE WE LIVE IN. WE. BEFORE THAT, WE REALIZED THAT THERE WAS A WOODED AREA NEXT DOOR. WE INQUIRED AND LEARNED THAT IT WAS R-3 AND WE PROCEEDED. SHORTLY THEREAFTER, OUR NEIGHBOR REQUESTED A REZONING TO C-2 AND 38 ACRES OF THAT WAS GRANTED. AND NOW THERE'S THE CURRENT LOWE'S PLAZA ON SOUTHWESTERN THERE. NOW, TWO OF MY THREE PROPERTY BORDERS ARE C-2, AND I FEEL AS THOUGH THIS WOULD BE THE NEXT STEP IS TO REZONE MY PROPERTY TO C-2. IF IT DOES STAY RESIDENTIAL IT. THERE ARE MANY ISSUES I HAVE WITH KEEPING MY PROPERTY AS A RESIDENTIAL HOME. IT'S THE NOISE, THE TRAFFIC, THE AIR TOOLS FROM THE VALVOLINE, THE LIGHTS THAT SHINE IN THE HOUSE. BUT IT'S ALSO THE SNOW REMOVAL MACHINERY THAT BLOWS THIS OPEN A LONG TIME. I BELIEVE IT'S SIX TO 10 OR 11. SO THEY REMOVED SNOW BETWEEN 11 AND 5 A.M.

MULTIPLE MACHINES THAT ALL HAVE BACKUP ALARMS THAT GO OFF ALL NIGHT LONG. I CANNOT EVEN BEGIN TO COUNT THE NUMBER OF NIGHTS, SLEEPLESS NIGHTS, MY IPAD, MY WIFE'S HAD. OUR KIDS HAVE HAD.

IT'S LIKE YOUR ALARM CLOCK GOING OFF REPEATEDLY THROUGHOUT THE NIGHT, BUT EVEN LOUDER. SO MY MY HOUSE WAS ONCE A NICE PLACE TO LIVE AND WE ENJOYED LIVING THERE, BUT IT IS NO LONGER A PLACE FOR PEOPLE TO LIVE. IT IS NOW A PLACE FOR BUSINESS TO OPERATE. THANK YOU.

ANYBODY ELSE? THIS PEAK? NOT IN THIS, DALE. THIS AIN'T IT. YEAH. THIS IS ANOTHER PUBLIC HEARING.

YEAH. WE GOT WE GOT A COUPLE OF THEM TODAY. SORRY. YEAH. ANYBODY ELSE ABOUT OREGON ROAD? OH, OKAY. WELL THANK YOU. ALL RIGHT. DO I NEED A MOTION TO CLOSE THAT PUBLIC HEARING THEN? MOTION TO CLOSE THE PUBLIC HEARING SECOND. OKAY. ALL IN FAVOR? AYE, AYE. OKAY. PUBLIC HEARING CLOSED. NEXT PUBLIC HEARING. PROPOSED. LOCAL LAW NUMBER 13, PLEASE TAKE NOTICE

[4.3. Public Hearing Proposed Local Law 13, 2025]

THAT THERE'S BEEN PRESENTED TO THE TOWN BOARD NOVEMBER 3RD, PURSUANT TO MUNICIPAL HOME RULE.

PROPOSED LOCAL LAW TO BE KNOWN AS PROPOSED LOCAL LAW NUMBER 13 SET LOCAL LAW PROVIDES FOR AMENDMENTS TO THE HAMBURG TOWN CODE IN ACCORDANCE WITH RECOMMENDATIONS OF THE TOWN OF HAMBURG CODE REVIEW COMMITTEE. THE AMENDMENTS CAN BE DESCRIBED AS FOLLOW AS FOLLOWS. AS LISTED.

AND. THE PUBLIC HEARING IS NOW OPEN. OKAY. THIS IS. 4.3. ANYBODY ELSE? ANYBODY GOING? GO.

THIS ISN'T ABOUT ANY AREA. THIS IS JUST REGARDING PENALTIES AND FINES. MAKE A MOTION TO CLOSE THE PUBLIC HEARING. SECOND. ALL IN FAVOR? AYE. CARRIED. PUBLIC HEARING. PROPOSED LOCAL LAW

[4.4. Public Hearing Proposed Local Law #14, 2025]

NUMBER 14. PLEASE TAKE NOTICE. THERE'S BEEN PRESENTED TO THE TOWN BOARD ON NOVEMBER 3RD PURSUANT TO MUNICIPAL HOME RULE LAW, A PROPOSED LOCAL LAW TO BE KNOWN AS PROPOSED LOCAL LAW 14 2025 SAID LOCAL LAW PROVIDES FOR AMENDMENTS TO THE HAMBURG TOWN CODE, CHAPTER TWO EIGHT, ENTITLED ZONING BY AMENDING THE TOWN'S ZONING MAP AS FOLLOWS. THOSE ITEMS ARE AS LISTED AND THE PUBLIC HEARING IS NOW OPEN. JOSH. THIS IS INCLUDING CAMP ROAD AND OKAY. GOOD EVENING. MY

[02:00:08]

NAME IS ALBERT MONACO. I'M HERE TO REFER TO THE PROPERTY AT 4331 CAMP ROAD, TOWN OF HAMBURG.

I RECEIVED A NOTICE FROM THE TOWN THAT THEY'RE ATTEMPTING TO REZONE THE PROPERTY THAT I OWN ON CAMP ROAD, TO GIVE YOU A LITTLE HISTORY ON THIS, I PURCHASED THIS PROPERTY OVER 40 YEARS AGO. THE STATE CAME IN AND TOOK THREE QUARTERS OF IT UNDER EMINENT DOMAIN. AND THEY I HAD A I HAD A AN ENTRANCE AND EXIT TWO DRIVEWAYS TO GO INTO THE PROPERTY. WELL THE STATE TOOK THEM AWAY AND THEY LEFT ME WITH A PARCEL. I BELIEVE IT'S 47 BY 150. I'M NOT SURE ABOUT THAT, BUT I'LL FIND OUT FOR SURE. AS A. DO YOU KNOW WHAT IT'S ZONED AT CURRENTLY? WELL, IT'S ZONED C-2 NOW. NOW, I RECEIVED LETTERS AT HOME THAT THEY WERE GOING TO REZONE IT.

THAT'S WHY I'M HERE. OKAY, NOW, I FIND OUT AT TONIGHT'S MEETING THAT MY PROPERTY IS GOING TO BE PART OF IT. YEAH. DO YOU HAVE YOUR SBL NUMBER? YOU KNOW, OFFHAND, YEAH, IT'S RIGHT HERE.

JOSH, MAYBE BECAUSE YOU WERE WITHIN 500FT OF ONE OF THE PARCELS THAT WAS BEING LOOKED AT TO BE REZONED. JOSH, CAN YOU SPEAK TO THAT AND CLARIFY? SO WE HAD A CONVERSATION BEFORE THE MEETING ABOUT WHERE HIS PROPERTY IS IN RELATION TO WHAT'S BEING ZONED ON THE WESTERN EDGE OF SAINT FRANCIS DRIVE AND CAMP ROAD, WITHIN THE WATER FRONT AREA, THERE ARE SOME C3 PROPERTIES THAT ARE BEING REZONED TO R-1. LIKE I MENTIONED EARLIER, MR. MONACO'S PROPERTY IS ON THE OTHER SIDE OF WHAT? SO IT'S NOT WITHIN THE WATER PARK AREA AT ALL. HIS PROPERTY IS C2. WE TALKED ABOUT THAT. THE STATE, YOU KNOW, TAKING CLAIMS FOR PROPERTY.

IT'S UNFORTUNATE, BUT IT'S NOT WITHIN THE SCOPE OF THE WATERFRONT AREA. SO WE DIDN'T REZONE IT BECAUSE IT'S NOT WITHIN THE WATERFRONT AREA. SO THAT'S THAT'S KIND OF WHAT'S GOING ON RIGHT NOW. BUT SO THE ONLY REASON YOU GOT A NOTICE IS BECAUSE YOU'RE WITHIN THE. OKAY.

YEAH. SO NOTHING'S GOING TO HAPPEN YOUR PROPERTY THEN. SO I'M GOING TO BE THE ONLY PIECE OF PROPERTY OVER THERE WITH THE C2 ZONING. YEAH. YEAH. BUT THAT'S SOMETHING JOSH IS THAT SOMETHING THAT MR. MONACO CAN MAKE AN APPOINTMENT AND COME IN AND DISCUSS THE SITUATION WITH YOU FOR THE FUTURE, FOR FUTURE CONSIDERATION OF OTHER PROJECTS OR OTHER TIMES WHEN WE LOOK AT TO SEE HOW IT MIGHT FIT IN THE CONFERENCE OF PLAN. LIKE I SAID, IT'S UNFORTUNATE THAT IF YOU LOOK AT THE PIECE OF PROPERTY, IT IS REALLY SMALL EVEN TO PUT A RETAIL BUSINESS THAT MEETS STANDARDS OF C2, HE WOULD EITHER NEED A VARIANCE OR WOULD NEED TO RESOLVE HIS PROPERTY INTO SOMETHING ELSE. SO WE CAN OBVIOUSLY HAVE A CONVERSATION. BUT WHAT'S BEEN DONE BY THE STATE PREVIOUS. AS YOU GUYS KNOW, IT'S UNFORTUNATE, BUT THERE ISN'T MUCH THAT THE PLANNING DEPARTMENT CAN DO. BUT WE CAN CERTAINLY HAVE A CONVERSATION ABOUT WHAT HIS OPTIONS ARE AND WHAT THAT CAN BE. RIGHT? I KNOW WE'VE LOOKED AT SOME OTHER PARCELS WHERE WE'VE LOOKED AT LIKE NEIGHBORHOOD, COMMERCIAL EVEN, OR WE FOUND A BRIDGE, MAYBE THROUGH THE CONVERSATION WITH MR. MONACO. MAYBE THERE'S SOMETHING YOU CAN GLEAN FROM THAT, THAT YOU COULD OFFER A SUGGESTION. OKAY. OKAY. GREAT. THANK YOU FOR THANK YOU.

CONTINUE. FOR THE LAST 14, 15 YEARS, I'VE BEEN PAYING TAXES ON THAT PROPERTY. I'VE OWNED IT SINCE 1970, I BELIEVE. SO I'VE BEEN STILL PAYING TAXES ON IT. AND I DON'T KNOW WHAT TO DO WITH THE PROPERTY. I DON'T KNOW IF I CAN BUILD ON IT. I DON'T KNOW THERE'S ENOUGH FRONTAGE UNLESS YOU. THESE ARE THE ONLY TWO NOTICES I GOT FROM THE TOWN, AND ALL OF A SUDDEN I FIND MYSELF HERE. SO I THINK IF YOU TALK TO JOSH, HE CAN. HE CAN TALK THROUGH THE SITUATION WITH YOU AND MAYBE OFFER SOME, SOME SUGGESTIONS AND AT LEAST A BETTER UNDERSTANDING OF OF WHAT POTENTIAL YOUR PROPERTY MIGHT HAVE. THANK YOU. THANK YOU, MR. MONACO. THANK YOU FOR YOUR PATIENCE. THANK YOU. MAKE A MOTION TO THE POINT THAT WE NEED TO CLOSE THAT ONE, TOO.

YEAH. NO, THERE'S OTHER PEOPLE FOR OTHER PROPERTIES. OTHER ARE OTHER PEOPLE. OKAY. THANKS. SO.

YES. HI. HOW ARE YOU? MY NAME IS DAN SMITH. HEY, DAN, I, I RECEIVED A NOTICE RECENTLY ABOUT THIS SPECIFIC LAW. I LIVE ON WENDOVER DRIVE, SO 3799 WENDOVER DRIVE. I LIVE ON

[02:05:07]

LEGACY FARM ON WENDOVER DRIVE, WHICH IS THE ORIGINAL FARM FOR THE WHOLE SOUTH HALF OF THE VILLAGE. WE HAVE ALPACAS AND WE'RE DONATED ABOUT HALF OF OUR GOODS TO LOCAL HOMELESS SHELTERS, AND WE ARE ALSO REGISTERED RESCUE FARM WITH SPCA. WE ARE ADJACENT ALONG 18 MILE CREEK AND AFTER LOOKING INTO THIS NOTICE, I LEARNED THAT MY FARM SPECIFICALLY IS INCLUDED IN THE ZONING OF SUBAREA ONE THAT SPECIFICALLY HERE. AND WE'RE ALSO IMMEDIATELY ADJACENT DIRECTLY ACROSS THE STREET OR ACROSS THE CREEK FROM THE NEXT TO THE PROPERTY THAT'S BEING REZONED FROM RESIDENTIAL AGRICULTURE, LIKE I AM, TO THE PARKS AND RECREATION. SO AGAIN, THIS IS THE FIRST TIME I HEARD OF IT. WHEN I SAW THIS MEETING, I WAS UNAWARE OF ANY OTHER PRIOR SITUATIONS. SO. SO I READ THIS DOCUMENT, THE 287 PAGES AND A FEW THINGS KIND OF STUCK OUT TO ME, I GUESS WHEN WHEN READING IT RIGHT. THE FIRST THING I THOUGHT TO MYSELF IS, WHY ARE WE DOING THIS RIGHT? SO WHAT'S THE GREATER PURPOSE OF THIS? AND PAGE 240, IT SAYS THE PROJECT INVOLVES THE DEVELOPMENT OF A MASTER PLAN FOR THE DESIGN OF A GREENWAY TRAIL THAT WOULD EXTEND ALONG 18 MILE CREEK, CONNECTING OPEN SPACE RESOURCES. SO I IMAGINE THE PURPOSE OF THIS REZONING IS TO HELP, YOU KNOW, KIND OF PROMOTE THAT TRAIL GOING ALONG THE 18 MILE CREEK, BASICALLY A TRAIL ADJACENT TO MY PROPERTY, WHICH IS CURRENTLY THERE. I HAVE NO REAL CONCERNS WITH THIS EXCEPT FOR A FEW, A FEW BASIC THINGS. RIGHT. SO I THINK THE PROJECT AS A WHOLE IS PROBABLY A GREAT PROJECT. BUT MY CONCERN IS THIS, YOU KNOW, IF YOU HAVE A TRAIL BEHIND THE CREEK, NUMBER ONE, WHERE IS THIS TRAIL GOING? SO IT WASN'T ACTUALLY SITED IN THE ACTUAL RESOURCE WHERE THIS TRAIL IS GOING. THE BEST THING I FOUND WAS THE GREATER BUFFALO AND NIAGARA REGION TRANSPORTATION COUNCIL, WHICH IS AN ORGANIZATION THAT'S FUNDED BY THE SAME FUNDERS OF THIS, ONE OF THEM BEING NEW YORK STATE DEPARTMENT OF TRANSPORTATION. THEY ACTUALLY HAVE A DIAGRAM OF WHERE THIS IS ACTUALLY GOING. SO I DID A PRINTOUT OF IT. SO THIS IS THE PROPOSED TRAIL THAT'S GOING THERE. SO YOU CAN KIND OF SEE IT GOES THROUGH HAMPTON. HAMPTON BROOK WILDLIFE. AND I THINK WHAT MAY BE THE PERSON WHO DESIGNED THIS TRAIL IS UNAWARE OF IF THEY'VE EVER WALKED THE PROPERTY. SO I HAVE THREE LITTLE KIDS. I WALK THE CREEK ALL THE TIME. THE TOPOGRAPHY OF THIS PROPERTY IS VERY MOUNTAINOUS, SO I'M VERY DON'T UNDERSTAND HOW A BIKE TRAIL OR ANY KIND OF TRAIL COULD REALLY FLOW THROUGH HERE. AND IF WE DID ADD THAT NUMBER ONE, THE COST OF DOING THAT. I'M NOT REALLY SURE WHAT THAT IS, BUT I'M SURE YOU HAVE FUNDING FOR IT. POLICING, RIGHT. GARBAGE REMOVAL AND PICKUP. AND THEN IF IT CAN ACTUALLY NOT GO ON THIS SIDE OF THE CREEK WITH THIS REZONING, IS IT POSSIBLE YOU'RE GOING TO TRY AND ACCESS MY PROPERTY TO DO THAT? BECAUSE MINE IS MORE FLAT PROPERTY, RIGHT. SO THAT'S NUMBER ONE. MY, MY SECOND CONCERN WITH THIS PROJECT, I GUESS, IS THE THE TRAIL ITSELF COMES OUT ON HAMPTON BROOK, SOUTHAMPTON BROOK, IT ACTUALLY CUTS RIGHT IN BETWEEN TWO INDIVIDUALS HOUSES AND USES ONE OF THEIR DRIVEWAYS, WHICH IS KIND OF UNUSUAL, I THINK. BUT IT EXITS ONTO STATE ROAD, ONTO STATE ROAD AND THEN TURNS RIGHT ON GOWANUS STATE ROAD. AND WHAT'S ALSO UNUSUAL ABOUT THAT IS I AM ALSO THE OWNER OF WATER VALLEY IN SIX, SIX, FIVE, SIX ONE STATE ROAD AND 6666 GO ONTO STATE ROAD, WHICH HAS JUST GOT THROUGH FIVE MONTHS OF PLANNING BOARD APPROVAL. BOTH OF THESE PROPERTIES ARE ACTUALLY SPECIFICALLY MENTIONED IN THIS PLAN. SO LET ME GET THAT REAL QUICK. SO. THE FIRST MENTION IS ON PAGE 146. IT SAYS REVITALIZATION OF THE WATER VALLEY HAMLET MAY BE NEEDED TO ENHANCE ECONOMIC ACTIVITY. I JUST FIND THAT'S WEIRD. THIS THIS IS DATED TEN 1025 WATER VALLEY IN WE HAVE YOU KNOW, A LADY BIRD IS OPEN THERE RIGHT NOW. YOU HAVE A CHEF WHO TRAINED AT MICHELIN STAR RESTAURANTS, INCLUDING NUMBER ONE, NUMBER ONE IN THE WORLD. MAKING, YOU KNOW, FRESH BAGUETTES AND CROISSANTS DAILY. SO I'M NOT REALLY SURE THAT'S APPLICABLE. AND THEN THE SECOND MENTION OF IT IS. A LITTLE BIT MORE CONCERNING TO ME WHERE. IT SAYS THERE ARE SMALL. THIS IS PAGE 228. IT SAYS THERE'S A SMALL NUMBER OF COMMERCIAL PROPERTIES IN INLAND HAMBURG SUBAREA, ONE THAT ARE LOCATED PRIMARILY IN THE WATER VALLEY HAMLET AREA ALONG GOWANUS STATE ROAD NEAR SOUTH CREEK ROAD. THE USES IN THIS AREA SHOULD BE CONTINUED, BUT NOT EXPANDED AND REVITALIZED WERE NEEDED TO REMAIN PURPOSEFUL. SO. SO I GUESS MY NEXT THING IS I JUST DON'T UNDERSTAND HOW AFTER FIVE MONTHS OF GOING TO THE TOWN PLANNING BOARD EVERY OTHER WEEK, THAT THIS WAS NEVER MENTIONED ME ONCE, RIGHT? OWNING A PROPERTY THAT'S INCLUDED IN THIS WAS NEVER MENTIONED TO ME ONCE. AND I UNDERSTAND THERE'S IT'S CALLED A LOCAL WATERFRONT REVITALIZATION PROJECT, BUT THERE'S NO WAY THAT I WOULD EVER ASSOCIATE MY 18 MILE CREEK AREA AS WATERFRONT REVITALIZATION PROJECT WITHOUT DIGGING INTO IT AND WITHOUT

[02:10:05]

BEING INFORMED. SO I GUESS THE BIG THE BIG THING I'M KIND OF GOING AT HERE IS A LITTLE BIT MORE TRANSPARENCY WOULD BE NICE TO TO REALLY SEE AND UNDERSTAND THAT. AND THEN THE LAST PIECE OF IT IS AS PART OF MY THE PLANNING BOARD HEARING FOR SIX, SIX, SIX IS STATE ROAD. I WAS ACTUALLY FORCED TO CUT OFF ONE OF THE TWO EXISTING DRIVEWAYS IN THAT PROPERTY. I WAS REQUIRED TO DO SO AS A STIPULATION BY THE BY REALLY ONE INDIVIDUAL ON THE HAMBURG TOWN PLANNING BOARD. AND THAT INDIVIDUAL MADE ME GO THROUGH THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION. THIS WAS A STIPULATION THAT WAS NOT REQUIRED OF THE PRIOR PROJECT THAT WAS APPROVED ABOUT A YEAR BEFORE THAT, WHICH WAS A BIG RESTAURANT. RIGHT. AND MY CONCERNS WITH THAT IS THE PEOPLE THAT MADE THE DECISION TO CLOSE THAT DRIVEWAY OFF NEVER ACTUALLY WENT TO THE PROPERTY ITSELF. RIGHT? THEY JUST LOOK AT A GOOGLE MAP, AND I PAID ABOUT $25,000 IN ENGINEERING LEGAL FEES TO KIND OF TRY TO ESTABLISH, WHY ARE WE TRYING TO CLOSE OFF THIS DRIVEWAY? IT'S BEEN THERE FOR DECADES, RIGHT? IT'S PART OF THE PROPERTY. AND AGAIN, I'M NOT ELOQUENT DEVELOPMENT, RIGHT? I'M JUST TRYING TO REMODEL THE REPURPOSE THESE OLD HOMES. I MEAN, THIS IS HOME EQUITY LINE OF CREDITS FOR ME. THIS IS 401 K LOANS, SO I DON'T HAVE A LOT OF FUNDING FOR IT. SO I TRIED TO UNDERSTAND WHY WE'RE DOING THAT. AND IT WAS JUST NOW IT'S APPARENT, RIGHT, THAT THE REASON I WAS FORCED TO DO THIS WAS BECAUSE IT WAS MAKING WAY FOR A BIKE PATH, WHICH IS FINE. I JUST WISH THE TRANSPARENCY WAS THERE AHEAD OF TIME, BECAUSE THEN I WOULD HAVE. OKAY, I'LL WORK WITH YOU GUYS. I'LL CLOSE IT OFF. IT'S NOT A BIG DEAL. SO I GUESS ULTIMATELY MY MY CONCERNS ARE JUST A LITTLE MORE TRANSPARENCY. IF YOU GUYS DO PLAN ON ADDING A BIKE PATH, YOU KNOW, MAYBE A LITTLE INFORMATION ABOUT THAT BIKE PATH OR THE GREENWAY TRAILS THAT ARE GOING INTO IT, AND THEN MAYBE SOME KIND OF CONFIRMATION THAT WE'RE NOT GOING TO EMINENT DOMAIN. ANY OF THE LAND THAT I OWN. EMINENT DOMAIN WAS NEVER PART OF THE CONVERSATION. I REMEMBER OVER ALL THE YEARS OF WORKING WITH THE COMMITTEES. BUT, JOSH, DID YOU GET A CHANCE TO SPEAK WITH JOSH BEFORE HE WAS BEFORE THE MEETING? SO THERE ARE A NUMBER OF THINGS THERE. SO FIRST, LET'S START WITH NOTICING PEOPLE FOR THE AND PEOPLE NOT KNOWING UNTIL THE LAST MOMENT.

WE HAD THREE PUBLIC HEARINGS AND PUBLIC MEETINGS THROUGHOUT THE PROCESS. SO LWP HAS BEEN A FIVE YEAR PROJECT. SO THIS DIDN'T START. TEN 1025 THIS STARTED DURING 2020 AND DURING COVID. THIS IS A FIVE YEAR PROJECT. SO THAT'S ONE THING. TWO, WE IMAGINE THE COST OF NOTICING EVERY SINGLE PERSON IN THE WATERFRONT FROM THE CITY OF LACKAWANNA DOWN TO THE TOWN OF EVANS, AND THEN FROM THE TOWN OF EVANS ACROSS 18 MILE CREEK TO THE TOWN OF BOSTON. FOR EVERY SINGLE MEETING THAT WE HAVE, IT'S LITERALLY IMPOSSIBLE. SO WHAT DO WE DO TO HAVE PUBLIC MEETINGS? WE PUT THEM ON THE WEBSITE. WE MEET WITH LOCAL NEIGHBORHOOD COMMUNITY ASSOCIATIONS. I KNOW I SPOKE WITH YOU A BUNCH OF TIMES. I KNOW I MET WITH WOODLAWN. WE PUT THE WORD OUT IN NEWSPAPERS, PRESS RELEASES. THAT'S HOW WE GET THE WORD OUT. WE'RE NOT GOING TO NOTICE INDIVIDUAL PROPERTY MEMBERS FOR THEIR INCLUSION IN THE LOOP. EVERY TIME WE HAVE A PUBLIC MEETING, THAT WOULD LITERALLY BE IMPOSSIBLE TO DO. SO IN TERMS OF MR. SMITH'S PROPERTY, SPECIFICALLY, ALL THE MENTIONS THAT HE PUT INTO THE IN THE DOCUMENT. THE BIKE TRAIL IS A PROPOSED PROJECT THAT'S NOT A TOWN PROJECT. SO I WANT TO MAKE THAT VERY CLEAR. THE TOWN IS NOT PUTTING A BIKE PATH ALONG 18 MILE CREEK OR IN HAMPTON, BROOKWOOD OR BY WENDOVER OR BY WHEREVER HIS PROPERTY IS. THAT IS A PROPOSED PROJECT THAT THE TOWN IS NOT ON THE HOOK FOR DOING THAT PROJECT. IT'S PROPOSED FOR A REASON. IF THE TOWN WANTED TO DO A BIKE PATH, HIS PROPERTY, AND HE WOULD BE 100% NOTIFIED, HE WOULD BE INCLUDED IN THAT. BUT THERE IS NO THAT IS A PROPOSED PROJECT. SO THE REASON THAT'S ON THERE AND WHY THAT'S LISTED IS BECAUSE IF THE TOWN EVER DID INQUIRE ABOUT WANTING TO PUT A BIKE PATH WITHIN THAT AREA, THEY'VE LISTED IT IN THE LOOP. YOU GUYS KNOW THAT I'VE TALKED ABOUT THERE'S A LOT OF IMPLEMENTATION FUNDS IN THE LOOP. SO IF THE TOWN WANTED TO DO THAT PROJECT AND WANTED TO APPLY FOR FUNDING TO DO SO, THE PROJECT IS LISTED FOR THAT REASON AND THAT REASON ONLY. SO ONCE AGAIN, LET ME CLARIFY. THERE IS NO BIKE PATH GOING ON HIS PIECE OF PROPERTY. THERE IS NO EMINENT DOMAIN. WE'RE NOT TAKING HIS PROPERTY. WE CAN'T EVEN PUT A BIKE PATH IN HAMPTON BROOK WOODS BECAUSE THE TOWN DOESN'T OWN IT. IT'S A STATE OWNED PROPERTY. SO I WANT TO MAKE THAT CLEAR. I ALSO WANT TO ADDRESS THE PART OF THE PROPERTY OR 6666. GO ON TO STATE ROAD BEING MENTIONED ON PAGE 228 AND 147 ON 228. IT'S MENTIONED, LIKE I SAID, IT WAS INCLUDED IN THAT DOCUMENT, NOT FROM 1010, 25. IT WAS INCLUDED IN THERE FROM 2020. AT THE TIME WHEN WE WERE REVIEWING THE PROJECT, IT DID MENTION THAT THERE ARE COMMERCIAL PROPERTIES WITH ON GOWANDA STATE ROAD AND IN THE SOUTH CREEK AREA, AND SOME OF THE RECOMMENDATIONS WERE NOT FOR HIS PROPERTY SPECIFICALLY, BUT FOR OTHER PROPERTIES IN THE AREA TO NOT BE EXPANDED. BUT THAT'S ALSO JUST A RECOMMENDATION. THAT'S NOT A CRITERIA. THAT'S NOT SOMETHING THAT ABSOLUTELY HOLDS WEIGHT. THAT'S JUST A RECOMMENDATION, BECAUSE THAT'S ESSENTIALLY WHAT THIS PLAN IS. IT'S A GUIDELINE DOCUMENT THAT SETS RECOMMENDATIONS. IT'S NOT, YOU KNOW, THE END ALL BE ALL. IT'S SOMETHING TO BE CONSIDERED.

AND THEN IN TERMS OF THE PLANNING BOARD PROCESS AND WHAT HAPPENED WITH THAT PROJECT, I'M OBVIOUSLY ON IN THE PLANNING DEPARTMENT. I WAS ALONG FOR THAT FIVE MONTH RIDE. THERE WERE PLANNING BOARD MEMBERS WHO DID ASK MR. SMITH ABOUT HIS DRIVEWAY ACCESS, THE DEPARTMENT

[02:15:02]

OF TRANSPORTATION, WHO OBVIOUSLY GIVES PERMITTING FOR ANY TIME THERE'S GOING TO BE DEVELOPMENT ON A STATE HIGHWAY. THEY HAVE FINAL SAY. MR. SMITH AND I AND HIS ENGINEER, CHRIS WOOD, AND HIS ATTORNEY HAD MULTIPLE CONVERSATIONS WITH THE DEPARTMENT OF TRANSPORTATION.

THEY MADE THE FINAL DECISION THAT ONLY ONE DRIVEWAY WAS GOING TO BE ACCESSIBLE. THE PLANNING BOARD DID NOT MAKE THAT DECISION. THE DEPARTMENT OF TRANSPORTATION DID. WE THEN WENT BACK AND SAID, DEPARTMENT OF TRANSPORTATION IS ONLY GIVING ONE ACCESS, ONE DRIVEWAY.

WE'RE GOING TO REQUIRE A SITE PLAN THAT REFLECTS WHAT THE DEPARTMENT OF TRANSPORTATION SAID. WE CAN'T APPROVE A PROJECT THAT HAS TWO, FDOT HAS ONE. AND I'M SORRY, BUT MR. SMITH, THAT'S SOMETHING THAT I GUESS BECAUSE I WOULDN'T SAY STRUGGLE WITH THIS, BUT IT COMES UP A LOT. FOR EXAMPLE, WHEN BECAUSE IT'S A STATE ROAD, THEY THE STATE IS REALLY PARTICULAR ABOUT CUT INS. SO WHEN THERE WAS A PROJECT, I VOTED ACTUALLY I VOTED AGAINST IT, BUT THERE WAS A REZONE, I VOTED AGAINST THE REZONE. AND I THINK PART OF THE REASON THERE WAS A MOVE TO REZONE THIS PROPERTY BY HOWARD ROAD WAS BECAUSE THE STATE DEPARTMENT OF TRANSPORTATION ON ROUTE 20, SOUTHWESTERN BOULEVARD, WON'T ALLOW ANY MORE CUT INS FOR TRAFFIC PURPOSES. SO THOSE ARE JUST SO YOU WOULD KNOW, THOSE ARE ISSUES. WHEN IT'S A STATE ROAD, THEY HAVE JURISDICTION OVER THAT. NOT NOT THE TOWN. IS THAT. THAT'S CORRECT. YEAH. BUT WHY? I MEAN, IF THE CUT WAS ALREADY THERE WHY WOULD YOU. YEAH WHY DID THEY I, I WOULDN'T SUPPORT GIVING YOU A HARD TIME FOR THAT BECAUSE I KNOW EXACTLY THE PROPERTY YOU'RE TALKING ABOUT. AND IF IT WAS AIN'T BROKE. DON'T FIX IT. HE IS HE IS ABSOLUTELY CORRECT THAT THE PERENNIAL RESTAURANT THAT WAS GOING TO GO IN THERE THREE YEARS AGO DID HAVE ACCESS TO THE TWO DRIVEWAYS IN 2025. THEY TOOK ANOTHER LOOK AT THE PROJECT. A NEW DEVELOPMENT WAS GOING OVER THERE, AND THEY MADE THE DECISION TO CUT OFF ONE ACCESS OR HAVE ONLY ONE DRIVEWAY. THAT'S THE DEPARTMENT OF TRANSPORTATION POLICY. THAT'S NOT MYSELF. THAT'S NOT THE PLANNING BOARD. THAT'S NOT YOU GUYS. THAT'S FROM DDOT. AND WE HAVE TO ANSWER TO THEM BECAUSE THAT'S THAT'S THEIR HIGHWAY. SO I WANT TO CLEAR THAT UP. AND THEN I JUST WANT TO REITERATE ONCE AGAIN THAT JUST TO BE VERY CLEAR, THERE IS NO EMINENT DOMAIN. HIS FARM WILL NOT BE AFFECTED. HIS FARM IS STAYING THE SAME ZONING. WE'RE NOT ENCROACHING UPON IT.

WE'RE NOT PUTTING A TRAIL BACK THERE. THERE IS NO LACK OF TRANSPARENCY. I'M IT'S UNFORTUNATE THAT HE WASN'T MADE MORE AWARE OF WHAT'S GOING ON IN THIS AREA DURING ALONG THIS PROCESS, BUT THERE ISN'T THERE ISN'T ANYTHING THAT WE'RE SNEAKING UP OR PUTTING IN THE DOCUMENT TO TRY TO BE CUTE WHERE, YOU KNOW, TRYING TO BE AS TRANSPARENT AS WE CAN. AND I'LL BE VERY CLEAR THAT WE'RE NOT TAKING ANYONE'S PROPERTY OR PUTTING SOMETHING WITHOUT THEM BEING NOTICED. SO I JUST WANT TO CLEAR THAT UP. YOU HAD A QUESTION, DAN? YEAH, I WAS GOING TO. SO IF THE DOT DETERMINES THEY WANT THAT DRIVEWAY CLOSED UP I DON'T KNOW.

JUST BOTHERS ME. DID THEY PAY FOR THE CLOSING OR DID THEY PUT THE BURDEN ON ON MR. SMITH.

THEY PUT IT ON THE APPLICANT. YEAH. THAT SHOULDN'T BE I MEAN WELL, THAT'S A STATE. BUT I MEAN THOUGH THAT TO CHALLENGE THAT KEN, HE ALREADY DID IT. SO IT'S DONE IT OVER WITH. BUT I'M JUST IF THE STATE DOES SOMETHING LIKE THAT DOES THE PROPERTY OWNER I MEAN THEY TOOK HIS PROPERTY AWAY. HE HE WAS THE SUBJECT OF AN EMINENT DOMAIN PROCEEDING THEN THEY WERE THE OBJECTIONS WOULD TAKE PLACE INSIDE THAT PROCEEDING. IT DOESN'T SOUND LIKE IT WAS.

IT SOUNDS LIKE IT'S A RECLASSIFICATION THAT THEY WOULDN'T ALLOW ANY MORE ROAD CUTS THERE, AND THAT WOULD BE SOMETHING THAT HE WOULD HAVE TO BRING UP PROCEEDING AGAINST THE STATE, WHICH WOULD PROBABLY HAVE TO END UP IN COURT OF CLAIMS. AND I'M NOT, THOUGH THE SPECIFIC STATUTE OF LIMITATIONS FOR THAT ONE. WHAT WERE ALL YOUR ANSWERS? QUESTIONS ANSWERED? YEAH, I MEAN, IT DEFINITELY WAS. AND JUST I'M AWARE OF THAT. IT IS THE STATE, I GUESS MY MY CONCERN IS THAT THE THE TOWN THIS IS THE TOWN PROJECT, RIGHT? IT DOES SITE A GREENWAY. THE BEST REFERENCE OF THAT GREENWAY IS ON THIS DOCUMENT, WHICH IS IS THAT YOUR BIGGEST CONCERN? THE PATH ALONG THE I MEAN IT'S A IT'S A IT'S A VALID CONCERN I THINK TO I MEAN YOU HAVE RIGHT NOW IT'S WOODLAND. THERE'S YOU KNOW FOXES PLAYED BACK THERE.

THERE'S COYOTES THAT ARE BACK THERE I MEAN DAVID STEARNS MIGHT GO STRAIGHT BACK TO THE CANAL. YEAH I'M FAMILIAR WITH IT. I WOULD THINK IT WOULD BE PRETTY HARD, TO YOUR POINT, TO PUT IN A PATH HIKING TO GO LIKE ESPECIALLY GOING UP THROUGH LAKEVIEW AND SO FORTH, LIKE AS IT CONTINUES THROUGH YOUR HOUSE OR MY HOUSE. YEAH. I MEAN, I MEAN, ULTIMATELY, YOU KNOW, TO WHAT END IS THIS BEING DONE, RIGHT? SO I, I SUPPORT THE PROJECT. IF IT WAS A THOUGHT, SOMEBODY PUT IT ON PAPER. RIGHT. I THINK THAT'S LIKE A WHOLE LITANY OF POSSIBILITIES. BUT THERE'S NO COMMITMENT FROM THE TOWN TO DO ANY OF THOSE, THOSE PROJECTS. AND THERE WOULD BE A VERY EXTENSIVE PROCESS IF WE WERE GOING TO DO ANY, ANY PROJECT IN THE TOWN. THE COMMITTEE IS FORMED, THERE'S MEETINGS, THERE'S OPPORTUNITIES FOR PUBLIC INPUT. YOU WOULD HAVE THE OPPORTUNITY TO BE PART OF THAT. YOU KNOW, SOMETIMES PEOPLE MAKE SUGGESTIONS ABOUT PROJECTS THEY WOULD LIKE TO SEE IN THE TOWN, AND THEN IT'S A VERY LENGTHY PROCESS TO MAKE SURE THAT EVERYONE HAS HAS INPUT. I MEAN, CANDIDLY, WE HAVE DON'T HAVE ENOUGH MONEY TO FINISH THE SIDEWALKS ON ANSDELL ROAD. THAT'S MY QUESTION IS LIKE, IF IT'S ON PAPER, CAN WE JUST REMOVE THAT? WE'RE GOING TO ADD A GREENWAY BEHIND MY HOUSE AND CAN WE REMOVE THAT?

[02:20:01]

WE CAN'T EXPAND ANY COMMERCIAL ACTIVITIES ON WATER. WELL, I THINK THE OBJECT OF PUTTING THIS TO BE REVITALIZED BECAUSE IT'S NOW REVITALIZED. WELL, I THINK THAT THE PART OF PUTTING THE REALLY SHOULD COME IN HERE, THOUGH, BECAUSE THIS IS A PRETTY INTENSIVE PROCESS, AND JOSH PROBABLY HAS SPECIFIC INFORMATION ON THAT PROCESS. BUT MY THING IS, IF THE OBJECT OF THE PARKS AND RECREATION IS SO THEY DON'T PUT ANY BUILDINGS ON THEIR PROPERTY, THE REASON FOR IS FOR GRANT ONE DOWN THE ROAD. SO LET ME CLARIFY AGAIN, THIS IS A PROPOSED PROJECT THAT WAS PUT INTO THE DOCUMENT BECAUSE IF THE TOWN WANTED TO ONCE AGAIN THIS IS A STATE PROPERTY. SO FOR THIS TO EVEN GO FORWARD, WE HAVE TO CONSULT WITH THE STATE AND GET SIGN OFF OF THE STATE. THIS IS IF THE TOWN WANTED TO INQUIRE ABOUT PUTTING SOME SORT OF A GREENWAY TRAIL, WHAT IT COULD LOOK LIKE, WHAT THE FUNDING OPPORTUNITIES WOULD BE, IT WOULD OBVIOUSLY NEED A BUNCH OF FUNDING. IT WOULD NEED STATE SIGN OFF. IT WOULD NEED PRIVATE PROPERTY OWNER SIGN OFF. THIS IS NOT A PROJECT THAT IS ONGOING, HAS BEEN BEFORE ANYONE. THERE'S NO APPLICATION FOR IT. IT HAS NEVER BEEN TALKED ABOUT OTHER THAN BEING PUT IN THE DOCUMENT FOR IN CASE THE TOWN EVER WANTED TO DO A PROJECT, WE HAVE IT IN PAPER SO THAT IF WE EVER WANTED TO APPLY FOR FUNDING, IT HAS TO BE IN THE DOCUMENT. SO BY REMOVING IT, IF YOU WANT IT TO, THE BOARD WANTS TO REMOVE IT ENTIRELY. AND NEVER, EVER THINK ABOUT EVER PUTTING A TRAIL ALONG 18 MILE CREEK. WE CAN DO SO, BUT THEN WE WON'T HAVE IT IN THE DOCUMENT. FOR IT TO HAVE ANY FUNDING IN, EITHER THE TOWN WILL FOOT THE BILL OR THE STATE WOULD FOOT THE BILL.

THIS IS PROPOSED PROJECTS. THIS IS NOT A PROJECT THAT IS ABSOLUTELY GOING IN. IF THE TOWN WANTED TO INQUIRE ABOUT IT, THAT'S WHY IT'S IN THE DOCUMENT. SO I JUST WANT TO MAKE THAT CLEAR. TO ANSWER THE QUESTION OF MR. SMITH. I MEAN, MY UNDERSTANDING IS IF WE WANTED TO AMEND THIS BECAUSE THIS IS A PUBLIC HEARING, THIS IS NOT A LAW. IF SOMEONE ON THIS BOARD, WHETHER IT BE ME OR ANY OTHER INDIVIDUAL, WERE TO MAKE AN AMENDMENT, A PROPOSED AMENDMENT, WE COULD AND THEN WOULD BE VOTED ON IF CARRIED BY THE THE BOARD. I JUST WANT TO BE CANDID WITH YOU. I'M NOT MAKING ANY PROMISES, BUT TO ANSWER YOUR QUESTION DIRECTLY, YOUR QUESTION WAS, CAN WE TAKE IT OUT? AND MY OPINION IS WE COULD, BUT THREE OF THE FIVE OF US WOULD HAVE TO. SO I GUESS I'M HERE TO ASK ON THOSE TWO REVITALIZATION PIECE ALSO TO WATERFRONT PROPERTIES, AND THEN THE FUTURE RESTRICTIONS PLACED ON IT BY LACK OF EXPANSION. I HAVE NO PLANS TO EXPAND. I DON'T THINK I'VE BEEN THERE. I WOULD VERY HISTORICALLY ACCURATE JOB OF REMODELING IT. WE HAVE EXPOSED BEAMS. WE HAVE PICTURES OF THE 1905 WATER VALLEY BASEBALL TEAM HANGING OUT. IT IS A VERY RESPECTFUL, MAYBE MORE RESPECTFUL THAN THAT PROJECT WHERE TYPE OF RESTORATION. RIGHT. MY WIFE'S BEEN THERE, I HAVEN'T, BUT JOSH, WOULD I BE CORRECT? I DON'T WANT TO INTERRUPT YOU TOO MUCH, BUT I THINK IT MIGHT GET TO THE IDEA OF WHAT YOUR CONCERN IS. SURE, I THINK THE LIMITING COMMERCIAL REVITALIZATION OR THE COMMERCIAL EXPANSION WOULD BE TAKING PROPERTIES THAT WERE NEVER BEFORE COMMERCIAL AND NOW MAKING THEM COMMERCIAL. SO IT MIGHT BE TAKING SAY, I KNOW THERE'S LIKE AN ANTIQUE DEALERSHIP THAT USED TO BE A CAR DEALERSHIP THAT COULD CONTINUE TO BE COMMERCIAL, BUT SAY THE BLOCK OF HOUSES FURTHER DOWN FROM LADY BIRD BETWEEN YOU AND RAY MILLER'S, IT WOULD BE LIKE SOMEBODY COMING IN AND IT'S PREVENTING SOMEBODY FROM COMING IN AND BUYING THEM ALL UP AND THEN PLOWING THEM OVER AND PUTTING IN LIKE A NATIONAL FRANCHISE IN THERE. SO IT'S NOT RIGHT. THAT IS THAT IS CORRECT. SO BECAUSE YOU WERE A PRE-ESTABLISHED LIKE YOU WERE PRE-ESTABLISHED AND THOSE ARE PRE-ESTABLISHED USES IN THE ZONING OF HIS PROPERTY IS C1.

SO IF HE WANTED TO EXPAND, HE COULD EXPAND. THAT'S THAT IS HOW IT'S WRITTEN. IT'S JUST IT DOES. AND WHEN IT'S WHEN IT'S THE WAY IT'S WRITTEN, IF YOU READ IT, IT DOES SPECIFICALLY CITE THE COMMERCIAL PROPERTIES, RIGHT? HE SAYS THERE'S A SMALL NUMBER OF COMMERCIAL PROPERTIES AS WELL AS RESIDENTIAL PROPERTIES. NO, THAT'S WHAT I'M SAYING. IT HAS A SMALL NUMBER OF COMMERCIAL. IT DOESN'T WANT THE COMMERCIAL FOOTPRINT TO GET BIGGER AND LEACH INTO NEIGHBORING PROPERTIES AND AGGRESSIVELY LEACH INTO NEIGHBORING PROPERTIES. SO YOU WOULDN'T WANT BRIE MILLER'S TO BE REPLACED WITH A WALMART, CORRECT? YEP. THAT'S WHAT THAT'S THAT'S WHAT THAT'S WHAT THAT'S PREVENTING MY CONCERN. AFTER DEALING WITH MAYBE ONE SPECIFIC INDIVIDUAL THROUGH THIS PROCESS IS THAT SOMEONE MIGHT READ THIS. WHO WAS THE PERSON? THAT'S OKAY. I'M THE POSITIVE. THEY ONLY HAVE A SEVEN YEAR TERM. SURE. SO MY CONCERN IS THAT IT'S NOT FOREVER IN THE FUTURE. IF RIGHT NOW RIGHT NOW IT'S A RETAIL SHOP, RIGHT? RIGHT. OPEN RETAIL SHOP. IT'S GOT LOCAL ARTISANS THAT MAKE SOAP AND SELL IT THERE. THERE'S A RUG MAKER SELLING ALL OVER. I THINK IT'S A GREAT PROJECT. IF IN THE FUTURE THAT DOESN'T WORK, I DON'T WANT SOMEONE TO CITE THIS AND SAY BEFORE YOU BOUGHT IT WAS APPROVED TO BE A RESTAURANT. BEFORE THAT, IT WAS A GARDEN CENTER. YOU MADE IT AS SMALL AS A RETAIL SHOP. THAT CAN ONLY BE THAT BECAUSE OF, YOU KNOW, BECAUSE IT'S COMMERCIALLY ZONED AND THAT DOESN'T CHANGE. CORRECT. IT'S WHATEVER'S IN THAT COMMERCIAL ZONING. ARE THEY MAKING RUGS? WHAT? EL PATIO. IT'S WHATEVER IS YOUR PROPERTY IS ZONED I BELIEVE IT'S C1, C1. YEP. SO IF YOU LOOK IN THE TOWN ZONING, IT'S WHATEVER THE APPROVED USES ARE FOR C1. SO YOU CAN GET AS CREATIVE AS YOU WANT WITHIN THAT FRAMEWORK. AND THAT'S WHAT

[02:25:04]

YOU'VE DONE. THAT'S WHAT I DID. YES. AND THE ADDITIONAL COST AND THE REMOVAL. RIGHT. WHICH UNFORTUNATELY WAS NEW YORK STATE I UNDERSTAND WHAT I'M SAYING. BUT BUT BUT MY POINT IS THAT AGAIN, THE USE OF THE PROPERTY WHERE C1, USING THE C1 DOMAIN AND I'M NOT CHOOSE ANY OF THE. OKAY. AND I TRIED TO KEEP THE SAME FOOTPRINT AND JUST A PAIR OF BROKEN GLASS AND ADD A FOUR OVER THERE AND PAINT IT RIGHT AND FIX THE WINDOWS. THAT WAS MY PURPOSE. BUT BECAUSE OF THE WAY THE CODE LOCAL TOWN OF HAMBURG, I HAD TO GO AND CHANGE OF USE. EVEN THOUGH THE CHANGE C1 AND I HAD TO GO TO THE PLANNING BOARD AND I HAD TO GET SO. SO AGAIN, ANY KIND OF REFERENCE TO LACK OF EXPANSION IS CONCERNING. OKAY, YOU'VE BEEN BURNED AND YOU'RE JUST WEARY OF THE FIRE. I UNDERSTAND, THANK YOU. I UNDERSTAND AND I DON'T BLAME YOU AS FAR AS. IF YOU COULD COME UP. SO PUT YOUR NAME ON THE. SO WE HAVE IT AND NOT TO PICK ON YOU, BUT WE NEED TO PUT IT FOR THE RECORD HERE. YOU DON'T HAVE TO SIGN IN. YOU CAN JUST JUST SAY JUST GET UP. IT'S BECAUSE WE GOT WE GOT TO GO THROUGH THIS WHOLE DAVID STEARNS. I LIVE NEXT TO DAN AT 3809 WINDOVER. SO MY PROPERTY BACKS UP INTO THE CREEK IN A BUT STAN'S PROPERTY. SO MY UNDERSTANDING IS NO ONE'S GOING TO BUILD A BIKE PATH OR A HIKING PATH. IT'S GOING TO TAKE OUR PROPERTY FROM US. NO, NO, NO. ALL RIGHT. BECAUSE IT'S JUST MINE. JUST A CLIFF. AND THEN IT GOES STRAIGHT DOWN INTO THE CREEK. SO AND TO BE CANDID, AS I WAS SAYING EARLIER, I MEAN, WE, WE TRY TO DO SOME SIDEWALKS ON ADAMSDALE ROAD, YOU KNOW, LIKE BY THE, BY THE MIDDLE SCHOOL AND WE AND WE RAN OUT OF MONEY WE COULDN'T EVEN FIT. I MEAN, IF RIGHT NOW, LIKE WE JUST HAD, UNFORTUNATELY, I MEAN, I VOTED AGAINST IT, BUT THE TOWN RAISED TAXES AND WE HAVE PROBLEMS WITH COSTS GOING UP AND SO FORTH. THERE'S NO MONEY RIGHT NOW IN THE TOWN OF HAMBURG THAT I CAN FORESEE TO HANDLE A CONSTRUCTION PROJECT, TO DO ALL OF THAT. AND WE DON'T OWN THE LAND, I JUST. OKAY, OKAY. THANKS. THANK THAT MAKES IT MORE CLEAR. YEAH. THANK YOU. OKAY. WE HAVE A MOTION TO CLOSE. I'LL MAKE A MOTION TO CLOSE THE PUBLIC HEARING. OH, WAIT WAIT WAIT WAIT. THERE'S SOME PEOPLE WANT TO BE HEARD. YOU'RE DOING GOOD. I'M DON SPITLER HAVEN'T BEEN TOO OVERLY ENTHUSED WITH YOUR PROCESSES LATELY. WITH WITH REZONING. BUT WHAT I'M CURIOUS ABOUT IN THIS, THIS PARKS AND RECREATION ZONING, WHAT FURTHER RESTRICTIONS ARE PLACED ON A AN RA HOME AND THEIR PROPERTY? THEIR PROPERTY IS I SEE IT. IT'S NOT JUST THE CREEK BOTTOM, IT'S THEIR ENTIRE PROPERTY IS BEING REZONED. SO WHAT ADDITIONAL LIMITS AND RESTRICTIONS ARE BEING PLACED ON THAT PROPERTY? WHAT CAN THEY DO? WHAT CAN'T THEY DO? ONCE THIS GOES INTO EFFECT? CAN THEY GO DOWN TO THE CREEK? CAN THEY DO ANYTHING DOWN THERE? CAN THEY CUT A TREE? CAN THEY BUILD A STAIRWAY DOWN THERE UNDER THIS PARKS AND RECREATION. MY UNDERSTANDING WAS THEY'RE NOT GOING TO BE ABLE TO DO ANYTHING.

THAT'S, THAT'S THAT YOU DON'T APPROVE OF. AND THAT ALSO. AND IF THEIR HOUSE FALLS WITHIN THAT BUFFER ZONE, THE TOP OF THE BANK, THEY CAN'T REDO THEIR HOUSE. THEY CAN'T REMODEL IT WITHOUT SOMEBODY ELSE'S APPROVAL. SO I'D LIKE FOR YOU TO ADDRESS THAT. YES. JOSH, IS THERE ANY PRIVATE OWNER WHO'S HAVING THEIR PROPERTY REZONED TO PARKS AND REC? NO, IT'S ONLY TOWN PROPERTY. SOME OF OUR TOWN OWNED PROPERTY. PROPERTY? WE WANTED TO MAKE SURE THAT IT STAYED GREEN SPACE. AND HOW DO YOU ACCOUNT FOR THE THE MASTER PLAN? WITH THE BIG CORRIDOR GOING THE WHOLE LENGTH OF THE CREEK? JOSH, WHY DON'T YOU GO? YOU'RE GOING TO HAVE TO INCORPORATE PRIVATE PROPERTY. THE ONLY PROPERTY IS ON. THE ONLY PROPERTIES THAT ARE GOING TO PR IN THIS DISTRICT ARE, AS I MENTIONED BEFORE, TWO PROPERTIES THAT ARE OWNED BY THE TOWN IN WOODLAWN, ONE OWNED BY THE FIRE COMPANY, THE FORMER HAMBURG SKATE PARK, WHICH IS ALSO OWNED BY THE TOWN, AND THEN HAMPTON BROOK WOODS WILDLIFE MANAGEMENT AREA, WHICH IS OWNED BY THE STATE. THERE ARE NO PRIVATE HOMES OR PRIVATE PROPERTY BEING REZONED TO THE PR PARKS AND REC DISTRICT, SO THAT IS NOT SUBJECT TO ZONING ANYWAYS, BUT THAT WOULD STOP IT IF THE STATE WANTED TO SELL THE PROPERTY CORRECT AND PUT IT UP FOR SALE, THEY COULDN'T SELL IT TO A DEVELOPER TO PUT IN HOUSES BACK THERE, CORRECT? IT WOULD PROTECT IT. THAT IS CORRECT.

OKAY. THAT'S WHY WE'RE DOING THIS. KEEP IT AS GREEN SPACE. WELL, YOU SAID THAT THE GENTLEMAN HERE, HIS FARM WOULDN'T BE AFFECTED, BUT BUT HIS LAND IS FALLS INTO THAT. NO, THE ONLY FOUR PARCELS IN THAT AREA THAT ARE BEING REZONED TO PR ARE WHAT MAKE UP HAMPTON BROOK WOODS THAT ARE STATE OWNED PARCELS. SO EVERY PARCEL THAT THEY OWN, THEIR FARM, EVERYTHING THAT GOES UP TO THE CREEK THAT IS NOT BEING REZONED, ONLY PARCELS THAT ARE BEING REZONED IN THAT AREA ARE THE ONES THAT ARE OWNED BY NEW YORK STATE. SO NO PRIVATE PROPERTY IN THAT AREA IS BEING REZONED TO PR. I THINK THE GENTLEMAN SAID HIS PROPERTY IS, IS, IS

[02:30:06]

WAS BEING REZONED. RIGHT. BUT ALONG WITH THE DATA THAT I GOT, YOU'VE GOT A CORRIDOR GOING ALL THE WAY TO THE LAKE, EXCEPT FOR THE TOWN OF EDEN WHERE IT FALLS INTO EDEN. AND THOSE ARE ALL PRIVATE HOLDINGS, BUT IT'S NOT BEING REZONED. THEN WHAT'S THE WHAT'S THE PURPOSE OF THE OF THE OVERLAY, THE OVERLAY. AND AGAIN, JOSH MIGHT BE THE, THE THE THE OVERLAY, THE EIGHTMILE CREEK CORRIDOR IS BEING INCLUDED IN THE RP FOR THE FIRST TIME. IT'S ADVANTAGEOUS BECAUSE IT ACTUALLY PROTECTS THE EIGHTEENMILE CREEK. IT'S IT'S A PROTECTION. ACTUALLY, I UNDERSTAND THAT. BUT LIKE, OKAY, HOW ABOUT THE PEOPLE THAT HAVE C1 CLASSIFICATION? WHAT CAN'T THEY DO ONCE THEY GET THIS DESIGNATION? AND I BELIEVE JOSH HAS GONE THROUGH EACH IN THE SESSION BEFORE OUR PUBLIC MEETINGS STARTED OR PUBLIC MEETINGS STARTED THIS EVENING, HE WENT THROUGH EACH PARCEL AND ACTUALLY EXPLAINED EXACTLY THE ANSWER TO THE QUESTION, YOU KNOW, PARCEL BY PARCEL. HE WENT THROUGH AND TALKED ABOUT THAT MANY OF THE CHANGES WE'RE MAKING ARE BECAUSE THEY WERE OUT OF COMPLIANCE, AND THAT COULD POSE A PROBLEM FOR THE LANDOWNER. SO WE'RE ACTUALLY CLEANING UP A LOT OF THAT. OKAY. SO YOU HAVE C1 AND YOU AND YOU THEN DESIGNATE AS PARKS AND RECREATION. WHAT CAN THAT PERSON DO WITH THAT PROPERTY AT THAT POINT? IT'S NOT A PERSON. IT'S TOWN OWNED PROPERTY OR STATE OWNED PROPERTY. WELL, THERE'S NOTHING, NOTHING PARCELS IN WATER VALLEY THAT WE'RE GOING TO BE CHANGED.

THERE'S NOTHING GOING FROM COMMERCIAL TO PARK AND RECREATION. WE HAVE A COMMERCIAL THAT'S GOING TO A NEIGHBORHOOD COMMERCIAL, WHICH I BELIEVE THAT WAS BEING DONE BECAUSE IT'S PUTTING THE PROPERTY INTO COMPLIANCE. SO IF, HEAVEN FORBID, SOMETHING HAPPENED TO THAT HOME, THE PERSON COULD REBUILD IT BECAUSE THEY COULD HAVE THEIR BUSINESS AND THEIR HOME ON THE PROPERTY, WHEREAS RIGHT NOW THEY CANNOT. CORRECT. SO WE'RE JUST TRYING TO PROTECT THE HOMEOWNERS. WHEN WE WERE CHANGING TO NEIGHBORHOOD COMMERCIAL, BUT NO, NO COMMERCIAL PROPERTY IS BEING TURNED INTO PARK AND RECREATION ONLY PROPERTY OWNED BY THE TOWN, THE STATE OF NEW YORK, A FIRE DEPARTMENT, I BELIEVE. AND THAT'S IT. THOSE THREE, THOSE THREE ENTITIES, IT'S BEING DONE SO THAT IT PROTECTS THAT THOSE PROPERTIES, IT'S TRULY BEING DONE TO PROTECT THE PROPERTY, SO THAT IF BOARDS IN THE FUTURE OR STATE LAWMAKERS IN THE FUTURE DECIDE TO SELL OFF PROPERTY, IT'S ESSENTIALLY PROPERTY THAT IS NOT INTERESTING TO DEVELOPER. SO WITH THAT DESIGNATION, SHOULD THAT ALLOW PROSPECTIVE LANDOWNER TO DO WHERE THE PROSPECTIVE LANDOWNER. I UNDERSTAND YOU ARE. NOW YOU'RE SAYING THAT COULD CHANGE? WELL, IT MAKES IT. HOW BIG A RESTRICTION IS IT. IT'S PASSIVE RECREATIONAL USE. SO IT'S WALKWAYS. IT'S PARKS. YOU MIGHT BE ABLE TO TURN IT INTO LIKE A SOCCER FIELD. YOU WOULD NOT BE ABLE TO BUILD AN APARTMENT COMPLEX. YOU WOULD NOT BE ABLE TO BUILD A CAR WASH. YOU WOULD NOT. OH, I BET YOU JOSH HAS GOT THE EXACT LIST OF WHAT WE CAN DO ON THERE. WHAT YOU CAN DO IN PR ARE PUBLICLY OWNED REC USES PRIVATELY OWNED REC USES WILDLIFE RESERVATIONS AND SANCTUARIES LIKE HAMPTON BROOK WOODS, AND THEN PUBLIC OR PRIVATE GOLF COURSES, SPORTSMEN'S OR GUNS CLUBS, ICE SKATING FACILITIES. HANDBALL, TENNIS FACILITIES. BASKETBALL OR OTHER SPORT FIELD FACILITIES, PICNIC GROUNDS AND BEACHES.

THAT'S WHAT YOU COULD DO IN PR. NOTHING THAT'S GOING TO BE A HIGH INCOME SOURCE. REZONING PRIVATE QUOTE AT ALL, RIGHT. YEAH. THANK YOU. ALL RIGHT. I'LL BE QUICK. MY NAME IS SAM, SIRE. I LIVE ON HAMPTON BROOK. I'M ONE OF THE PIECES OF LAND THAT THE GENTLEMAN FROM THE LADY BIRD HERE MENTIONED. I SAW THE BIKE PATH, AND IT GOES RIGHT UP THROUGH MY BACKYARD, RIGHT UP THROUGH MY DRIVEWAY, BASICALLY. SO IT SOUNDS LIKE IT'S POSSIBLY FOR FUTURE USE. I DON'T THINK IT'S A GOOD IDEA. I THINK I DON'T THINK IT SHOULD BE IN THERE. I THINK ONCE YOU PUT IT ON PAPER, THAT'S THE FIRST STEP TO MAKING IT HAPPEN. SO IF IT'S NOT SOMETHING THAT COULD BE DONE OR PROBABLY EVER WOULD BE DONE, I THINK YOU SHOULD TAKE IT OUT OF THE PROPOSAL. AND I KNOW YOU ALLUDED THAT YOU MIGHT DO THAT. I RECOMMEND THAT YOU DO THAT.

THAT'S ALL I HAVE TO SAY. THANK YOU. JOSH, IN THAT SITUATION, THOUGH, ARE THERE SPOTS WHERE THERE MIGHT BE PEOPLE INTERESTED, LIKE DOWN THE ROAD? A PROJECT WOULDN'T NECESSARILY HAVE TO INCLUDE THAT WHOLE AREA, CORRECT? CORRECT. SO IN OTHER WORDS, I THINK THAT MAY BE WHY THEY INCLUDED IT TOO. IS THE POSSIBILITY DOWN THE ROAD THAT THERE COULD BE SECTIONS WHERE THERE WERE PEOPLE INTERESTED? WELL, YOU'RE NOT INTERESTED. THERE MIGHT BE SECTIONS WHERE PEOPLE ARE INTERESTED. AND SO IT LEAVES IT OPEN AND FLEXIBLE. SO YOU'D HAVE TO GET THE LANDOWNER'S PERMISSION FIRST. ABSOLUTELY RIGHT. OKAY. EXACTLY. OKAY. EXACTLY. OKAY. SO AGAIN, WE DON'T WANT TO INCLUDE OR EXCLUDE ANYONE. IT'S JUST OUT THERE AS A POSSIBILITY. BUT THERE WOULD BE A LONG WAYS TO GO, A LOT OF HURDLES, A LOT OF PUBLIC INFORMATION, A LOT OF OPPORTUNITIES FOR PEOPLE TO WORK ON THE PROJECT. OKAY. ALL RIGHT. THANK YOU. ALL RIGHT. SO WE HAVE A MOTION BY COUNCILWOMAN FARRELL LAWRENCE. AND I NEED A SECOND, SECOND, SECOND BY COUNCILMAN NICHOLSON. ALL IN FAVOR? AYE. OPPOSED? GOOD. NEXT PUBLIC HEARING.

[4.5. Public Hearing Proposed Local Law #15, 2025]

[02:35:12]

PROPOSED LOCAL LAW NUMBER 15, 2025. PLEASE TAKE NOTICE THAT THERE HAS BEEN PRESENTED TO THE TOWN BOARD ON NOVEMBER 3RD, PURSUANT TO THE MUNICIPAL HOME RULE LAW. PROPOSED LAW TO BE KNOWN AS PROPOSED LOCAL LAW NUMBER 15 SAID LOCAL LAW PROVIDES FOR AN AMENDMENT TO CHAPTER 280 AND ZONING CODE OF THE TOWN OF HAMBURG AS FOLLOWS. THIS IS FOR THE AMEND ARTICLE.

OH BOY, WHY AM I 59? ADULT USE CANNABIS IN ITS ENTIRETY? IS THERE ANYONE HERE TO SPEAK FOR THAT? I HAVE NOBODY SIGNED IN TO SPEAK ON IT. MOTION TO CLOSE THE PUBLIC HEARING SO MOVED SECOND. THANK YOU. ALL IN FAVOR? AYE, AYE. ALL RIGHT. CLOSE. I THREE. PUBLIC HEARING PROPOSED

[4.6. Public Hearing Proposed Local Law #16, 2025]

LOCAL LAW NUMBER 16 2025. PLEASE TAKE NOTICE THAT THERE HAS BEEN PRESENTED TO THE TOWN BOARD OF THE TOWN OF HAMBURG ON NOVEMBER 3RD, PURSUANT TO MUNICIPAL HOME RULE LAW, A PROPOSED LOCAL LAW KNOWN AS PROPOSED LOCAL LAW NUMBER 16 2025 SAID LOCAL LAW PROVIDES FOR THE AMENDMENT. CHAPTER 2227 OF THE CODE, ENTITLED STREETS AND SIDEWALKS AND 220 7-8, ENTITLED UNSAFE SIDEWALKS NOTICE TO REPAIR APPEALS. THE PUBLIC HEARING IS NOW OPEN.

ANYONE HERE TO TALK ABOUT THE SIDEWALKS? ANYONE? ONCE, TWICE MAKE A MOTION TO CLOSE THE PUBLIC HEARING. SECOND. ALL IN FAVOR? ALL IN FAVOR? AYE, AYE. THAT'S OKAY. CARRIED. OKAY.

[4.7. Public Hearing for Approval of a Cable Franchise Agreement with Spectrum Northeast, LLC]

FRANCHISE OKAY. 4.7 PUBLIC HEARING FOR APPROVAL OF A CABLE FRANCHISE AGREEMENT WITH SPECTRUM NORTHEAST, LLC. THE TOWN OF HAMBURG WILL HOLD A PUBLIC HEARING ON DECEMBER 8TH, 2025 AT 7 P.M. HAMBURG TOWN HALL, SIX 100 SOUTH PARK. REGARDING GRANTING A CABLE TELEVISION FRANCHISE AGREEMENT BY AND BETWEEN THE TOWN OF HAMBURG AND SPECTRUM NORTHEAST, LLC, AN INDIRECT SUBSIDIARY OF CHARTER COMMUNICATIONS, THE PUBLIC HEARING IS NOW OPEN. CAN YOU KNOW IF THERE'S ANY CHANGES IN THIS FROM THE PREVIOUS? THERE ARE NO MAJOR CHANGES IN THE RENEWAL AGREEMENT FROM THE PRIOR AGREEMENT TO PROVIDE TO ALLOW SPECTRUM CHARTER COMMUNICATIONS TO USE THE INFRASTRUCTURE. PROBABLY MOST OF IT'S OWNED BY VERIZON AND OTHER RIGHT OF WAYS TO PROVIDE CABLE SERVICE AND OTHER INTERNET OR STREAMING TYPE SERVICES. AND THEY ALSO REMUNERATE THE TOWN AT A PERCENTAGE, 5% OF GROSS REVENUES RELATED FOR ONLY CABLE RELATED ACTIVITIES. THAT IS, ALL THOSE PROVISIONS ARE PRETTY MUCH INTACT. THERE'S VERY MINIMAL CHANGE OTHER THAN THE FACT THAT THE PRIOR AGREEMENT HAD EXPIRED. SO WE'RE ENTERING INTO A TEN YEAR. ACTUALLY, I THINK IT'S 15 YEAR RENEWAL.

OKAY. THANKS. ANYBODY ANYONE HERE TO DISCUSS IT? I HAVE NO ONE SIGNED IN TO SPEAK ONCE, TWICE A MOTION TO CLOSE THE PUBLIC HEARING. SECOND. ALL IN FAVOR? AYE. CARRIED. THREE.

[4.8. Proclamation Recognizing Ford’s Buffalo Stamping Plant 75th Anniversary]

PROCLAMATION RECOGNIZING FORD'S BUFFALO STAMPING PLANT 75TH ANNIVERSARY. DO WE WANT WE DO HAVE SOME GUESTS HERE FROM THE STAMPED FORD STAMPING PLANT FOR US TO PRESENT THE THE PROCLAMATION TO. I DON'T KNOW IF THEY'D LIKE TO COME FORWARD NOW. I'M SUPERVISOR. WE'LL PRESENT THAT AFTER THE READING. BUT IF YOU WANTED TO COME FORWARD. OKAY. WHERE ARE YOU? GOOD READING THAT. DO YOU WANT ME TO TAKE OVER? NO, I WHEREAS ON SEPTEMBER 7TH, 1949, FORD MOTOR COMPANY BROKE GROUND IN HAMBURG, NEW YORK, BEING CONSTRUCTION, BEGINNING CONSTRUCTION OF WHAT WOULD BECOME A CORNERSTONE OF OUR COMMUNITY. AND WHEREAS THE CEMENT FOOTERS REPORT, SEPTEMBER 12TH, 1949, THE FIRST STEEL COLUMN SET ON JULY OR JANUARY 12TH, 1950, AND PRODUCTION BEGAN THE WEEK OF SEPTEMBER 25TH, 1950, LAUNCHING OPPORTUNITY GROWTH IN THOUSANDS OF CAREERS FOR WESTERN NEW YORK FAMILIES. WHEN FORD INTRODUCED THE AUTOMOTIVE INDUSTRY'S FIRST COMPLETELY AUTOMATED STAMPING PRESS AND WELDING MACHINES FOR BODY PARTS, HELPING DEFINE THE MODERN AUTOMOTIVE STAMPING PLANT. AND WHEREAS THE PLANT'S CAPABILITIES AND REACH EXPANDED STEADILY, INCLUDING AN INTERNAL RAIL CAR TRACK, ENABLING EFFICIENT SHIPPING ACROSS THE UNITED STATES AND A MOBILE MULTIPLE COUNTRIES. 1955 NEW OFFICE SPACE FOR ENGINEERING, ACCOUNTING, SCHEDULING, QUALITY CONTROL AND PLANT OPERATING COMMITTEE. 1956 IN THE STACKER BUILDING FOR ADVANCED PARTS STORAGE. 1972 AND WHEREAS, A CULTURE OF PRECISION AND PROBLEM SOLVING DEFINED THE PLANT FROM LAYOUT INSPECTION AND DIMENSIONAL VERIFICATION THAT ENSURED QUALITY 1980S TO AUTOMATION ADVANCED THAT

[02:40:03]

IMPROVED EFFICIENCY AND SAFETY, INCLUDING REMOVAL OF STAMPED PARTS. 1984 TO A HIGH SPEED KOMATSU TRANSFER PRESS, 1982, THAT HELPED LAUNCH THE FORD CROWN VICTORIA AND MERCURY GRAND MARQUIS. AND WHEREAS, BUFFALO STAMPING HAS CONTINUED TO MODERNIZE, REFRESHING ITS FACILITIES. 1987 INSTALLING ITS FIRST 4000 TON SCHULER HIGH PRESSURE HIGH SPEED PRESS, 1993.

AND IN 2015, ADDING A CYCLONE SYSTEM THAT SHREDS ALUMINUM STAMPING SCRAPS AND SUPPORTS FORD'S CLOSED LOOP ALUMINUM RECYCLING PROGRAM. AND TODAY THE PLANT OPERATES TWO 4000 TON SCHULER TRANSFER PRESSES AND EMPLOYS ADVANCED MEASURING TECHNOLOGY AND QUALITY, ENABLING HIGH VOLUME STAMPING WITH SPEED, PRECISION AND CONSISTENCY TO DELIVER COMPLEX COMPONENTS WITH EXCELLENCE. AND WHEREAS THIS HISTORY IS POWERED BY PEOPLE, SKILLED TRADES INSPECTORS, ENGINEERS AND TEAMS WHO REVIEW DESIGNS, SOLVE CHALLENGES AND TAKE PRIDE IN EVERY PART, SUSTAINING A LEGACY OF INNOVATION, CRAFTSMANSHIP AND COMMUNITY. AND WHEREAS, LOCAL PARTNERS HAVE GROWN ALONGSIDE THE PLANT, INCLUDING WEST HERR, WHICH BEGAN IN 1950 TO CELEBRATE 75 YEARS OF COLLABORATION. RECOGNIZING THE PLANT'S CONTRIBUTION TO LIFELONG, STABLE, GOOD PAYING JOBS, CHARITABLE GIVING AND TAX REVENUE THAT STRENGTHEN WESTERN NEW YORK. AND WHEREAS, FROM ITS PRODUCTION WEEK IN SEPTEMBER 1950 THROUGH 2025, THE BUFFALO STAMPING PLANT IN HAMBURG, NEW YORK, HAS SERVED AS A SOURCE OF PRIDE FOR OUR RESIDENTS AND A DRIVER OF REGIONAL PROSPERITY. AND NOW, THEREFORE, BE IT RESOLVED, THE HAMBURG TOWN BOARD DOES HEREBY PROCLAIM 2025 AS FORD STAMPING PLANT 75TH ANNIVERSARY IN THE TOWN OF HAMBURG AND EXTEND OUR SINCERE GRATITUDE TO THE PAST AND PRESENT EMPLOYEES, LEADERSHIP AND PARTNERS WHOSE DEDICATION, TEAMWORK AND COMMITMENT TO QUALITY HAVE BUILT AN ENDURING LEGACY HERE SINCE 1950. ANYBODY WANT TO GO OUT TO TEN DEGREE WEATHER AND TAKE A PICTURE IN FRONT OF MY FORD EXPLORER? I AM. I'M ALSO THE PROUD OWNER OF A FORD MUSTANG GT CONVERTIBLE, WHICH IS A FANTASTIC VEHICLE. MY SON'S GOT A TAURUS F-150 AND A FEW FUSIONS FOR GOOD MEASURE.

MY DAUGHTER, MY DAUGHTER. I HAD MY FIRST CAR I GOT TO DRIVE WHEN I WAS THERE, A MOTION AND A SECOND TO APPROVE. UNANIMOUS SECOND, UNANIMOUS SECOND. I HAD A FORD AND EVERYBODY BLUE WITH WOOD WOODGRAIN SIDE PANELS. I WAS PROUD OF IT AT THE TIME. AND WE HAVE MR. BRIAN KENDIG, WHO IS THE GENERAL MANAGER OF THE STAMPING PLANT, AND MICHELLE ELDER, WHO IS DIRECTOR OF THE GREAT. THANK YOU FOR JOINING US THIS EVENING. OKAY. GREAT. THANK YOU. THANKS FOR HAVING US. JIM CHIPS IN THEIR COMPANY IN THEIR OR SOMETHING. YEAH. THANK YOU SO MUCH. WE APPRECIATE THE LOVE. THANK YOU SO MUCH. THANK YOU AND THANK YOU. THANKS FOR COMING. YEAH ABSOLUTELY I THINK HE WAS ABLE TO DRIVE HIS CAR I DRIVE. WHY DON'T WE LINE UP HERE. SO BRIAN, THANK YOU SO MUCH. THERE YOU GO. THAT WAS SOME RACING. I'VE NEVER HEARD A PROCLAMATION READ SO PRECISELY AND COULD BE AN AUCTIONEER. OKAY, GUYS, LOOK THIS WAY, PLEASE. SEE? ONE MORE, PLEASE. THANK YOU, THANK YOU. TERRIFIC. THANK YOU. CONGRATULATIONS. THANK YOU AGAIN. THANK YOU. THANK YOU SO MUCH. HAVE A HAPPY HOLIDAY. SORRY I COULDN'T. OH, NO. YEAH.

OH, YEAH. IT WAS GOOD. I'VE BEEN ABLE TO DRIVE AROUND, SO. THANK YOU. IT'S ALL GOOD. THANK YOU, THANK YOU. GOOD JOB. SO WE SHOULD HAVE THAT RIGHT BECAUSE. WHAT'S THAT? I'LL WAIT FOR IT AT THE END OF THE MONTH. BECAUSE WE DID. AS A MATTER OF FACT, I WOULD REMOVE 3 OR 4 FOR

[4.9. 2026 Hamburg Town Board Meetings Schedule]

THE NEXT YEAR. ALL RIGHT. MOVING ON. 4.9 2026 HAMBURG TOWN BOARD MEETING SCHEDULE WILL BE RESOLVED HAMBURG TOWN BOARD ADOPT THE FOLLOWING MEETING SCHEDULE FOR 2026, WITH WORK SESSIONS STARTING AT 5:30 P.M. AND REGULAR MEETINGS STARTING 7 P.M. UNLESS OTHERWISE NOTED AS FOLLOWS. SO MOVED SECOND. ALL IN FAVOR? AYE AYE AYE. CARRIED 410 HAMBURG

[4.10. Hamburg Town Arena Speaker System RFP]

TOWN ARENA SPEAKER SYSTEM RFP RESOLVED. THE DEPARTMENT OF YOUTH RECREATION SENIOR SERVICES BE AUTHORIZED TO POST AND DISTRIBUTE A REQUEST FOR PROPOSAL IN RELATION TO ACQUIRING A NEW SPEAKER SYSTEM TO BE INSTALLED IN THE HAMBURG TOWN ICE ARENA. MOTION APPROVED.

SECOND. ALL IN FAVOR? AYE. AYE. CARRIED. HI. WE PERSONNEL BE RESOLVED. TOWN BOARD APPROVED

[4.11. Highway Personnel]

THE FOLLOWING. HIGHWAY DEPARTMENT PAY AS FOLLOWS. SO MOVED SECOND. ALL IN FAVOR? AYE,

[4.12. Winter Conference Travel]

AYE. CARRIED. WINTER CONFERENCE TRAVEL RESOLVED. THE TOWN BOARD AUTHORIZED HIGHWAY

[02:45:01]

SUPERINTENDENT TED HUGHES TO ATTEND THE 2026 WINTER CONFERENCE IN SARATOGA SPRINGS, NEW YORK, FROM SUNDAY, JANUARY 18TH, 2026 THROUGH THURSDAY, JANUARY 22ND, 2026. THE EXPENSES ARE LISTED AS FOLLOWS. SO MOVED SECOND. ALL IN FAVOR? COULDN'T FIND A CHEAPER HOTEL

[4.13. NYS Youth Bureau Youth Development Training: Out of Town Travel]

ELEVATOR, A CARRY FOR 13 NEW YORK STATE YOUTH BUREAU YOUTH DEVELOPMENT TRAINING OUT OF TOWN TRAVEL. NOW THEREFORE, BE IT RESOLVED, THE TOWN BOARD AUTHORIZES NICOLE JACOB, YOUTH AT RISK COORDINATOR, WHO ATTENDED THE CONFERENCE, TO BE REIMBURSED FOR REIMBURSED FOR THE FOLLOWING EXPENSES AS LISTED, SO MOVED SECOND. ALL IN FAVOR? AYE. CARRIED. YOUTH

[4.14. Youth, Recreation, & Senior Services P.A.F.]

RECREATION. SENIOR SERVICES BE RESOLVED. TOWN BOARD APPROVED THE TERMINATION AND HIRING OF PERSONNEL FOR THE YOUTH, RECREATION AND SENIOR SERVICES DEPARTMENT AS FOLLOWS. SO MOVED.

SECOND. ALL IN FAVOR? AUTHORIZATION TO CONTRACT WITH CIVIC PLUS FOR PUBLIC MASS

[4.15. Authorization to Contract with CivicPlus for Public Mass Notification / Emergency Alerting]

NOTIFICATION. EMERGENCY ALERTING. NOW, THEREFORE, BE IT RESOLVED THAT THE TOWN OF HAMBURG HEREBY ENTERS INTO AN AGREEMENT WITH CIVIC PLUS FOR A YEARLY CONTRACT RENEWABLE ON JANUARY 1ST OF EACH SUBSEQUENT YEAR. SO MOVED. SECOND. ALL IN FAVOR? AYE. CARRIED. CHAPTER 76

[4.16. Chapter 76 Amendments Referral to Planning Board]

AMENDMENTS. REFERRAL TO PLANNING BOARD. AND NOW THEREFORE BE RESOLVED, THAT THE HAMBURG TOWN BOARD HEREBY ENTERTAIN THE PROPOSED LOCAL LAW AMENDMENT AND AUTHORIZES THE REFERRAL OF THIS PROPOSAL. THE PROPOSED LAW AMENDMENT TO ERIE COUNTY AND HAMBURG PLANNING BOARD FOR ITS REVIEW AND RECOMMENDATION. SO MOVED SECOND. ALL IN FAVOR? AYE. AYE.

[4.17. B&G PAF]

CARRIED. BAG BE RESOLVED. TOWN BOARD APPROVES DETERMINATION AND HIRING THE FOLLOWING EMPLOYEES IN THE BUILDINGS AND GROUNDS. SO MOVED SECOND. ALL IN FAVOR? AYE. CARRIED

[4.18. Southwestern Blvd and Big Tree Road Travel Center Rezoning Resolution]

SOUTHWESTERN BOULEVARD, BIG TREE ROAD TRAVEL CENTER REZONING RESOLUTION B C NOW THEREFORE, BE IT RESOLVED THAT THE HAMBURG TOWN BOARD HEREBY ENTERTAINS WITH CONCERNS THIS REZONING REQUEST AND REFERS THE APPLICATION TO THE PLANNING BOARD FOR ITS REVIEW AND RECOMMENDATION. AND BE IT FURTHER RESOLVED, THE TOWN OF HAMBURG TOWN BOARD WOULD LIKE TO ACT AS LEAD AGENCY IN ACCORDANCE WITH THE NEW YORK STATE ENVIRONMENTAL QUALITY REVIEW ACT, AND HEREBY AUTHORIZES THE PLANNING DEPARTMENT TO PERFORM THE APPROPRIATE SEEKER MAILINGS AND TO COMPLETE THE REQUIRED COUNTY REFERRAL. SO MOVED AND ON THE ON THE QUESTION. I'M GOING TO VOTE NO FOR THIS. I NOTICED THAT WE JUST SAT THROUGH SEVERAL PUBLIC HEARINGS ON PLANS. AND THERE'S AND THEN WE CHANGE OUR PLANS HERE. AND THERE'S SO MUCH OVER DEVELOPMENT IN THE TOWN. AND THIS IS GREEN SPACE. WE HAVE A LARGE VACANT LAND, BASICALLY. I MEAN, PRETTY MUCH IT'S A MCKINLEY MALL. AND SO THIS IS EXISTING GREEN SPACE, AND WE'RE GOING TO TEAR IT UP AND WE'RE GOING TO PUT IN SOME DIRTY GAS STATIONS WITH SOME KENTUCKY FRIED CHICKEN. AND MAYBE I COULD GET POTENTIALLY BEHIND IT IF THEY WERE LOCAL VENDORS OR LOCAL BUSINESSES, BUT THEY'RE NOT. AND JUST THE BIGGEST COMPLAINT I GET FROM OUR RESIDENTS IS GREEN SPACE THAT'S JUST GONE. AND PEOPLE DON'T RECOGNIZE THE TOWN ANYMORE. SOME PEOPLE SPOKE TO THAT ISSUE EARLIER RELATIVE TO THE HISTORIC PRESERVATION. I DON'T THINK A GAS STATION AND A KENTUCKY FRIED CHICKEN AND A DUNKIN DONUTS AND A COUPLE FAST FOOD DRIVE THRUS ADD ANY CHARACTER TO THE TOWN. SO I WOULD ENCOURAGE MY COLLEAGUES ON THE BOARD TO LISTEN TO WHAT I'VE BEEN HEARING FROM THE CITIZENS IS THEY'RE FED UP WITH ALL THE DEVELOPMENT. WE DON'T NEED IT. IT DOESN'T ADD ANYTHING TO THE TOWN, AND I'M GOING TO VOTE AGAINST IT. AND I WOULD ASK MY COLLEAGUES TO DO THE SAME. WELL, I, I'M VOTING TO SEND THIS TO THE PLANNING BOARD. RIGHT. I THINK THAT'S WHAT I WANTED. CLARIFICATION FROM JOSH THAT THIS IS NOT WHERE WE'RE VOTING ON THIS.

THIS IS PART OF THE PROCESS BECAUSE I BELIEVE ANYONE CAN COME AND PUT FORWARD THEIR APPLICATION. WE HAVE TO FOLLOW OUR PROCESS TO THE POINT THEN WHERE WE DO GET TO VOTE ON IT.

CORRECT. MR. MCCLOSKEY, THIS ISN'T THE DECISION YET. THIS WOULD BE SENDING IT TO THE PLANNING BOARD FOR THEIR RECOMMENDATION, AND THEN IT WOULD HAVE A PUBLIC HEARING AT THIS LEVEL, AND THEN THE TOWN BOARD WOULD MAKE A APPROVAL OR DENIAL DECISION AT THAT POINT.

SO, JOSH, TO THAT POINT, IT SAYS IN HERE THAT THE THE CODE REVIEW COMMITTEE REVIEWED THE APPLICATION, HAD CONCERNS. AND THEN THE STATEMENT AGAIN SAYS THAT THE TOWN BOARD IS ENTERTAINING WITH CONCERNS. CAN YOU EXPAND ON WHAT THOSE CONCERNS ARE, AND IS THERE EVER A POINT WHERE THE CODE REVIEW. BECAUSE I'VE SEEN IT COME UP A COUPLE OF TIMES AND I'VE HAD RESERVATIONS MYSELF, WHERE THE CODE REVIEW COMMITTEE DOES HAVE CONCERNS AND SAYS, NO, THANK YOU AND DOESN'T BRING IT TO US. SO THE THAT LANGUAGE IS USUALLY PRETTY STANDARD OF. SO WE DON'T SAY WHAT I THOUGHT. YEAH. IT'S IT'S PRETTY STANDARD OF WE SAY THAT. SO AT CODE REVIEW EVERYONE KNOWS THAT IT'S MADE UP OF DIFFERENT DEPARTMENTS WITHIN THE TOWN, AS WELL AS THE TOWN BOARD MEMBER WHO REVIEW ACTIVE REZONING APPLICATIONS THAT COME BEFORE US. AND ALMOST NEVER ARE WE 100%. YES, LET'S REZONE IT. THERE'S ALWAYS SOMETHING THAT WE'RE LIKE, HEY,

[02:50:02]

MAYBE WE WANT TO CONSIDER THIS. MAYBE WE WOULDN'T CONSIDER THAT. SO IN THE RESOLUTION, WE SAY WE HAVE CONCERNS SPECIFIC TO THIS PROJECT. THAT'S BEFORE YOU. THE CONCERNS THAT WE HAD IS OBVIOUSLY WHEN YOU HEAR GAS STATION, YOU'RE THINKING OF ENVIRONMENTAL CONCERNS. THERE OBVIOUSLY IS THE CONCERN OF TRAFFIC, BECAUSE OBVIOUSLY THERE'S A TOPS ACROSS THE STREET THAT HAS AN EXISTING GAS STATION. AND WE KNOW SOUTHWESTERN AND BIG TREE ARE BOTH HIGHLY TRAFFICKED ROADS. AND THEN THERE WAS ALSO THE CONCERN OF, WELL, WHAT ARE GREAT TRAFFIC RATINGS AS IT IS. AND SOUTHWESTERN, WE DON'T HAVE ANY SAY IN AND THEY'RE NOT GOING TO BE HAVE A CAR. BUT HERE'S THE PROBLEM THOUGH. THIS IS THE PROBLEM THAT I THINK THERE'S A LOT OF DOUBLE TALK GOING ON. AND AND I KNOW I GUESS PEOPLE SOMETIMES ACCUSE LAWYERS LIKE ME OF THAT, BUT I'LL BE STRAIGHT UP. IT SAYS, WHEREAS THE CODE REVIEW COMMITTEE REVIEWED THE APPLICATION AND ALTHOUGH THEY HAD CONCERNS AND HERE'S THE THE WORDS THAT ARE TERRIBLE, THEY'RE AWFUL. AND I DON'T KNOW ANYONE ON THIS BOARD THAT VOTES FOR THIS IS PROBABLY BEING DISINGENUOUS. IT SAYS FOUND ENOUGH MERIT IN THE REZONING OF THIS PROPERTY. THAT'S WHY I'M ASKING FOR CLARIFICATION OF WHAT MOVE IT FORWARD. AND I FIND NO MERIT IN IT BECAUSE AS WE JUST SAID, THERE'S A TOPS RIGHT THERE THAT IS EXISTING GREEN SPACE. IT ADDS ABSOLUTELY IT'S GARBAGE DEVELOPMENT. I AGREE THAT ADDS NO CHARACTER.

SO WHY DON'T WE JUST STOP IT RIGHT HERE? I'M JUST ASKING WHAT THE CONVERSATION WAS AT CODE REVIEW THOUGH, BECAUSE I WASN'T PRIVY TO THAT CONVERSATION. I AGREE WITH YOU, I HAVE CONCERNS. THAT'S WHY I WANT TO KNOW WHAT CODE REVIEW HAS TO SAY ABOUT IT. RIGHT.

GOING BACK. SO THE CODE REVIEW HAD CONCERNS ABOUT OBVIOUSLY IT BEING A GAS STATION, CONCERNS ABOUT TRAFFIC AND THE CONCERNS ABOUT WHAT NEIGHBORS OVER IN BURKE PARKWAY, WHICH IS THE NEAREST RESIDENTIAL NEIGHBORHOOD, WOULD BE FACING, WHAT LANDSCAPING WOULD BE LIKE.

SO, SO ON AND SO FORTH. TYPICALLY IN THESE RESOLUTIONS, THEY'RE NOT A RUBBER STAMP OR THEY'RE NOT A CHECK MARK FOR A YES, YOU'RE APPROVING IT OR YES, YOU'RE DISAPPROVING IT. WHAT YOU WOULD BE DOING WITH THIS RESOLUTION IS GIVING IT ITS DUE PROCESS OF SENDING IT TO THE PLANNING BOARD, WHICH IS REQUIRED IN OUR CODE, SENDING IT TO ERIE COUNTY AND DOING SEEKER ON IT, WHICH IS REQUIRED FOR OUR PROJECT. AND THEN FROM THERE, HAVING THE PUBLIC HAVE THE ABILITY TO SPEAK ON THE PROPOSAL. AND THEN THIS BOARD, THE FIVE OF YOU MAKE THE DECISION ON WHETHER YOU WOULD APPROVE IT OR DENY IT. AND I HAVE CONCERNS ABOUT HOW THIS IS THIS IS WRITTEN. SO THEN IF I GUESS IT SAYS FOUND ENOUGH MERIT IN THE REZONING OF THIS PROPERTY. SO THE CODE REVIEW COMMITTEE IN THIS RESOLUTION SAYS THAT IT FOUND ENOUGH MERIT IN THE REZONING OF THIS PROPERTY TO C-2 GENERAL COMMERCIAL DISTRICT, SO THEY FOUND MERIT IN IT. SO WE'RE WE'RE GIVING THIS AN ENDORSEMENT THE WAY THAT'S WRITTEN. OR MAYBE THIS IS A POORLY DRAFTED RESOLUTION. JOSH, MAY I OFFER SOME ASSISTANCE? SO JUST TO FIRST CLARIFY, THE CODE REVIEW COMMITTEE HAS NO POWER TO DECIDE UP OR DOWN OR ON A REZONE, WHICH IS RESERVED EXCLUSIVELY TO THE PURVIEW OF THE TOWN BOARD. CORRECT. AND SO THE IT IS ONLY A RECOMMENDATION THAT CODE REVIEW EVER MAKES AS A COMMITTEE. AND SO MAYBE THE CHOICE OF MERIT, MAYBE NOT THE BEST, BUT ALL THEY'RE DOING IS SAYING THAT IT IS SOMETHING THAT THE TOWN THEY THEY ARE THEY ARE NOT RECOMMENDING THAT THE TOWN REJECTED OUTRIGHT, BUT THAT IT COULD GO THROUGH THE PROCESS OF THE TOWN BOARD, SO CHOSE. SO THE TOWN BOARD HAS TO MAKE THE ULTIMATE DETERMINATION OF WHETHER IT CONTINUES THE PROCESS. IT COULD REJECT IT OUTRIGHT, BUT IT SOUNDS LIKE A NUMBER OF BOARD MEMBERS WANTED TO GO TO THE PLANNING BOARD, BUT THAT'S UP FOR DISCUSSION. SO. JOSH. OH, SORRY. I'M SORRY. KEN, I WAS GOING TO ASK, IS THERE ANY DO WE NEED TO PRESERVE THE RECORD OR DO WE NEED TO DO SOMETHING TO BECAUSE THE DEVELOPERS TEND TO BE LITIGIOUS? I HAVE RESERVATIONS ABOUT THIS, BUT IF WE DENY IT OUTRIGHT, ARE WE PUTTING OURSELVES IN A RISKIER POSITION WHERE WE LET THEM GO THE COURSE? AND MY CONCERN IS IF WE LET THEM GO THE COURSE. WE'VE ALSO HAD DEVELOPERS COME BACK AND SAY, WELL, WHY DIDN'T YOU TELL US NO FROM THE GET GO? IF YOU DIDN'T LIKE OUR PROJECT, IT'S TO THANK YOU FOR THE QUESTION. FRAMES IT WELL, IT WAS THE GRAVAMEN OF ANY DECISION OF THIS NATURE. IF YOU ARE CHALLENGED IN ARTICLE 78, WOULD BE THE EXTENT OF YOUR DUE DILIGENCE AND REVIEW, AND THAT YOU TOOK A HARD LOOK. STATUTORY COURT OF APPEALS, SORRY. COURT OF APPEALS, APPELLATE COURT TERMINOLOGY THAT'S READILY USED IN THIS AREA ALL THE TIME. SO HAVE YOU TAKEN YOUR HARD LOOK SO THAT YOU THEREFORE ERGO THE TOWN SHOULD ON THE SIDE OF SENDING IT FOR FURTHER REVIEW. SO IT HAS A BODY OF RECORD AT CAROLINA TO TO DEFEAT AN ARTICLE 78 CHALLENGE, EVEN IF THAT DECISION IS TO REJECT IT. OBVIOUSLY IF YOU WANT TO REJECT IT, IT'S BETTER THAT YOU HAVE A PROPER RECORD TO DO SO TO SURVIVE A CHALLENGE IN THE COURT. AND THAT'S WHERE SEEKER AND SEEKER CAN HELP US, BECAUSE THAT SUBSTANTIATES DOWN THE ROAD OUR DECISION, BECAUSE IT SOUNDS LIKE MANY OF US, FRANK, HAVE A WHOLE LITANY OF CONCERNS,

[02:55:03]

BUT THAT, IN OTHER WORDS, WHY NOT JUST VOTE IT DOWN NOW? BECAUSE I THINK WHAT WE WERE JUST SAYING IS THAT SEEKER AND SEEKER WILL POSITION US AGAINST ANY CHALLENGE IN THE FUTURE. I THINK I LET'S MOVE ON. LET'S MOVE ON. YEAH, I'M GOING TO VOTE NO. I WOULD ASK EVERYONE ELSE TO DO THE RIGHT THING FOR THE TOWN AND VOTE NO TO THIS RESOLUTION. OKAY, FRANK, THANKS FOR YOUR INPUT. WE HAVE A MOTION. YOU'RE WELCOME. MR. I DO APPRECIATE THE COMPLIMENT.

YES. VERY MUCH. IS THERE A SECOND? SECOND? YOU MADE THE MOTION TO APPROVE? SECOND. OKAY.

ALL IN FAVOR? I KNOW I, I VOTE NO. SO WE HAVE THREE NO'S. THREE, 3 TO 2. NO, I DIDN'T VOTE YET. SO. I KNOW THIS HAS COME BEFORE US BEFORE. NO, THIS ONE HASN'T COME BEFORE US BEFORE. NO IT HASN'T. IT WAS A DIFFERENT PROJECT. AND IT AND IT WAS TURNED DOWN BECAUSE OF THE CONCERNS TO THE NEIGHBORS. BUT I WANT TO MAKE SURE THAT WE DON'T HAVE ANYBODY, THAT THEY CAN'T COME BACK, AND THAT WE HAVE THE SEEKER. AND THE SECRET TO SUPPORT PEOPLE CAN SUE YOU ANY DAY OF THE WEEK, NO MATTER WHAT. I'M READY TO SUE YOU, MAN. GO AHEAD. WAIT TILL YOU SEE MY COUNTERCLAIM. MR. ALL RIGHT, SO WHO ELSE HAS TO VOTE? ME? ME? I'M THE ONE THAT'S HOLDING OUT.

OKAY, I'M GONNA VOTE WITH SIGNIFICANT RESERVATION AND DEEP, DEEP CONCERN DOING THIS SOLELY WITH THE INTENT OF FOLLOWING THE LEGAL ADVICE FROM MR. FARRELL THAT WE HAVE NO OTHER CHOICE. WE HAVE TO LET IT GO TO PLANNING BOARD. I DO HAVE SIGNIFICANT I AGREE WITH YOU, SIGNIFICANT CONCERNS. SO IF THE DEVELOPER IS WATCHING THIS IS THIS IS NOT A PROJECT THAT'S SITTING WELL WITH THE TOWN BOARD. I ALSO DISAGREE WITH MR. FARRELL'S LEGAL ASSESSMENT AS WELL. BUT BUT I DIDN'T GO TO LAW SCHOOL, SO I HAVE TO FOLLOW THEIR ASSESSMENT. RIGHT. AND ULTIMATELY IT'S GOING TO COME BACK TO US. YOU KNOW, THERE'S A CONFLICT OF INTEREST. IT'S YOUR BROTHER AND EVERYTHING THERE. COME ON. MOTION APPROVED. 3 TO 2 DISCUSSION HERE. FOR 19

[4.19. Pleasant Woods Subdivision Completion and Acceptance]

PLEASANT WOODS SUBDIVISION COMPLETION AND ACCEPTANCE. BE IT RESOLVED THAT THE TOWN ENGINEER'S REPORT ON THE COMPLETION AND ACCEPTANCE OF THE PLEASANT WOODS SUBDIVISION WORK PERFORMED UNDER PUBLIC IMPROVEMENT PERMITS NUMBERS ONE, ZERO NINE, ZERO, 1091 AND 1092 RECEIVED AND ACCEPTED, AND SUPERVISORS AUTHORIZED TO SIGN. AND BE IT FURTHER RESOLVED, THAT THIS ACTION DOES NOT RELIEVE THE DEVELOPER OF THE RESPONSIBILITY FOR COMPLETING THE REQUIRED STREET LIGHTING. BE IT FURTHER RESOLVED, THIS RESOLUTION BECOMES EFFECTIVE ON THE DAY THAT THE REPORT IS SIGNED BY THE SUPERVISOR, SO MOVED SECOND. ALL IN FAVOR? AYE

[4.20. Traffic Safety-Cooper Ridge]

AYE. TRAFFIC SAFETY COOPER RIDGE. THEREFORE, BE IT RESOLVED UPON RECOMMENDATION OF THE TRAFFIC SAFETY ADVISORY BOARD, IN ACCORDANCE WITH THE FEDERAL AND NEW YORK STATE MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES AT THE BUILDINGS AND GROUNDS DEPARTMENT, BE DIRECTED TO INSTALL AND MAINTAIN THE FOLLOWING 2R11C STOP SIGNS ON COOPER RIDGE AT THE INTERSECTION WITH CEDAR VALLEY WAY, SO MOVED SECOND. ALL IN FAVOR? AYE AYE. CARRIED. VACATION CARRYOVER PUBLIC SAFETY DISPATCH BE RESOLVED.

[4.21. Vacation Carryover- Public Safety Dispatch]

TOWN BOARD AUTHORIZE THE FOLLOWING EMPLOYEES FROM PUBLIC SAFETY DISPATCH OFFICE TO CARRY OVER UNUSED VACATION HOURS FROM 25 TO 26, WITH THE STIPULATION TIME OFF IS UTILIZED IN THE FIRST QUARTER OF 2026. SEAN CROTTY 40 HOURS. CONNOR MOSES 40 HOURS. I UNDERSTAND THERE WAS UNCERTAIN THERE HAVE TO MAKE A MOTION. OKAY. SORRY. MAKE A MOTION TO APPROVE.

SECOND, NOW YOU CAN MAKE A COMMENT. OKAY. MY UNDERSTANDING IS THERE ARE CIRCUMSTANCES THAT CAUSED THEM FROM NOT USING THEIR VACATION. THAT'S WHY THEY'RE ASKING US TO CARRY IT OVER. SO I BELIEVE CONNOR MOSES WAS JUST AWARDED. HE MET HIS ONE YEAR ANNIVERSARY AND SO HE JUST IN THE LAST WEEK WAS AWARDED THAT TIME. GOTCHA. OKAY. ALL IN FAVOR? AYE. CARRIED

[4.22. Senior & Community Center Construction Management Agreement]

SENIOR COMMUNITY CENTER CONSTRUCTION MANAGEMENT AGREEMENT. NOW THEREFORE, BE IT RESOLVED THAT THE TOWN BOARD DOES HEREBY AUTHORIZE THE SUPERVISOR TO SIGN THE AGREEMENT WITH SQUARE ENGINEERING, DPC AND FOR WORK ON THE PROJECT TO BEGIN IMMEDIATELY. NOW, THEREFORE, BE IT RESOLVED, THE TOWN BOARD HEREBY APPROVES THE TRANSFER OF FUNDS FROM THE GENERAL FUND. UNASSIGNED FUND BALANCE A .0909. THE CAPITAL PROJECT FUND H11 9.1440.0440 DASH CONTRACTED SERVICES SO MOVED. SECOND ON THE QUESTION. I NOTICED THAT I DON'T KNOW, MR. SHAY, YOU MIGHT BE ABLE TO COMMENT ON THIS, THAT THE TOWN IS TO PAY AN ADDITIONAL $327,000 FOR CONSTRUCTION MANAGEMENT, AND CAN YOU MAYBE COMMENT, IS THIS AN ADDITION TO WHAT WE WE WERE PROVIDED FOR A BID. SO THE BIDS THAT WE PROVIDED WERE THE AMOUNTS PREVIOUSLY TALKED AT OTHER MEETINGS. ARE THE BIDS FROM THE FOUR PRIME CONTRACTORS.

[03:00:03]

THIS IS A CONSTRUCTION MANAGEMENT TEAM TO REPRESENT THE TOWN AS THE OWNER'S REPRESENTATIVE TO RUN THE PROJECT. ALL CORRESPONDENCE, COMMUNICATIONS, PAPS PERMITS TO BE ON SITE THROUGHOUT A YEAR OF CONSTRUCTION. PHYSICALLY HAVING A PERSON THERE IN A TRAILER TO ANSWER QUESTIONS, COORDINATE MEETINGS AND ALL THOSE DIFFERENT ASPECTS ON BEHALF OF THE TOWN. SO. RIGHT. SO WHY DON'T WE JUST SO IT'S $327,000, WOULDN'T IT BE JUST CHEAPER TO HIRE ONE PERSON TO DO THIS? WE HAVE TO PAY $327,000 FOR ONE PERSON. WE LOOKED AT THAT, SO I SPOKE TO A FEW THE TO HIRE ONE PERSON, YOU NEED A PERSON THAT IS LOOKING FOR EMPLOYMENT THAT HAS ALL THE QUALITIES YOU NEED IN CONSTRUCTION MANAGER. THOSE TYPES OF PEOPLE ARE WORKING FOR FIRMS OR WORKING FOR THEMSELVES. SO THAT'S WHERE THIS PRICING COMES FROM. CAN'T FIND SOMEONE FOR THREE LIKE $250,000 TO WORK FOR A YEAR. I MEAN, THAT DOESN'T MAKE ANY SENSE TO ME.

WE'D HAVE TO POST A JOB POSITION BASED ON WHATEVER THE TOWN REQUIREMENTS ARE. THAT PERSON WOULD ALSO HAVE NO VACATION AND NO SICK TIME. WELL, WE COULD WRITE THAT IN THE CONTRACT. IT'S NOT IMPOSSIBLE TO DO, IS IT? ALSO BECAUSE THERE WERE CERTAIN FOR A LEVEL OF CONFIDENCE ON THE PART OF THE TOWN FOR INSURANCE AND BONDING, ETC. WELL, THIS I WASN'T FINISHED WITH THE QUESTIONS I ASKED, BUT SO MY I GUESS MY QUESTION WAS DOES THIS GO OUT FOR A BID? NO. I MET WITH FOUR DIFFERENT FIRMS THAT DO THIS TYPE OF WORK, COLLECTED THEIR QUALIFICATIONS, SPOKE TO SOME OF THEIR REFERENCES, AND THIS IS MY RECOMMENDATION. WE REQUIRED TO PUT THIS OUT FOR BID. YOU JUST PICKED PROFESSIONAL SERVICES THEREFORE WAS NOT REQUIRED FOR BID. WE CAN REQUEST QUALIFICATIONS, WE CAN REQUEST PROPOSALS OR WE CAN SOLE SOURCE AS PROFESSIONAL SERVICES. SO $327,000 AND INCLUDES SIX MONTHS OF PART TIME SUPPORT, TEN HOURS A WEEK AND ONE YEAR OF FULL TIME SUPPORT. AND WE'RE GOING TO SUPPLY A TRAILER. AND THIS WASN'T EVEN CONSIDERED WITH THE WITH THE ORIGINAL. BID FOR THE SENIOR CENTER. I MEAN, I DON'T UNDERSTAND WHY THAT WASN'T PUT IN. IT'S LIKE I THIS WAS THE SUBJECT OF A OF A PUBLIC HEARING. THERE WAS A LOT OF DEBATE ON THIS ISSUE. AND NOW WE'RE THROWING ANOTHER $327,000. IT SEEMS TO ME EXCESSIVE. WE COULD HIRE WHAT IS THE AVERAGE ENGINEER MAKE LESS THAN 327,000. SO IT FEELS LIKE TO ME LIKE WE'RE GETTING RIPPED OFF. WELL, I, I MEAN, WE CAN LOOK FURTHER INTO IT. IT IS HIRING A FIRM THAT'LL HAVE EVERYTHING FROM AN ADMINISTRATOR TO THEIR FIELD PERSON TO A PROJECT MANAGER. BUT AREN'T YOU AN ENGINEER, RIGHT? ISN'T THAT PART OF YOUR JOB TO HELP OVERSEE THIS? I DO NOT HAVE THE CAPACITY UNDER MY CURRENT CONTRACT TO RUN A PROJECT THIS SIZE. OKAY, I WHEN THEY SAY IT'S 40 HOURS A WEEK FOR A YEAR, IT WILL TAKE A PERSON 40 HOURS A WEEK FOR A YEAR. SO THAT WOULD BE MY ONE AND ONLY JOB. BUT WHY WASN'T THIS PUT INTO THE ORIGINAL BID? WELL, BECAUSE AGAIN, IT'S BEING PROFESSIONAL SERVICES. THIS IS THE TOWN'S REPRESENTATIVE TO HIRE. IT'S NOT THE SAME AS BIDDING OUT A CONSTRUCTION PROJECT THAT HAS DESIGN AND PLANS AND EVERYTHING TO GO WITH IT. SO WE FOLLOWED BIDDING RULES FOR CONSTRUCTION PROJECTS, AND NOW WE'RE LOOKING AT PROFESSIONAL SERVICES. DID WE GET ANY OTHER BIDS OTHER THAN $327,000? AND WHAT WERE THEY? I DON'T HAVE THE NUMBERS WITH ME. THIS WAS THE I GOT THREE NUMBERS OUT OF THE FOUR FIRMS. THIS WAS THE MIDPOINT NUMBER, BUT I FELT THEY WERE A STRONGER CANDIDATE. SO THEY WERE LOWER BID, LOWER BIDS AND HIGHER BIDS. YES. AND AND DOES ANYONE ON THIS BOARD REVIEWED ALL THOSE BIDS? I'VE DISCUSSED THE PROCESS WITH CAMI AFTER SHE FINISHED LOOKING. I KNOW WHEN WE RECEIVED OUR PACKET OF AGENDA ITEMS, I CALLED HER TO ASK ABOUT WHAT PROCESS SHE FOLLOWED. SHE EXPLAINED THE PROCESS THAT SHE FOLLOWED AND GIVEN HER QUALIFICATIONS, WHICH IN THE AREA OF ENGINEERING ARE FAR GREATER THAN MINE. I WAS SATISFIED WITH THE VERY LENGTHY PROCESS THAT SHE DETAILED THAT SHE FOLLOWED IN VETTING AND ASSESSING THE FIRMS. SO ANYONE ELSE ON THIS BOARD? I KNOW, CATHY SAID. YOU DIDN'T, I KNOW I DIDN'T. I MEAN, I THINK THAT WE OWE IT. GO AHEAD. I TALKED WITH CAMI ABOUT THIS PROCESS PRIOR TO. THE PETITIONS, RIGHT AFTER WE GOT THE INITIAL AWARD OF THE CONTRACTS. CAMI AND I TALKED AT LENGTH AND WE TALKED WITH. OUR ADVISOR AT LENGTH, AND WE WERE ADVISED THAT TO JUST HIRE ONE PERSON WHO AGREED, I HAVE THE CONCERNS OF THERE'S NO VACATION TIME, THERE'S NO SICK TIME. GOD FORBID SOMETHING HAPPENS. WE COULD WRITE THAT IN A THAT'S CALLED FREEDOM OF CONTRACT. IT'S NOT IMPOSSIBLE TO GIVE PEOPLE VACATION. GO AHEAD. WHEN WE TALKED WITH THE VARIOUS PEOPLE ABOUT IT, JUST

[03:05:03]

HIRING ONE PERSON WAS GOING TO COST US ABOUT 250,000 A YEAR, AND IT WASN'T GOING TO GIVE US A TEAM. IT WASN'T GOING TO GIVE US A SAFETY NET IN CASE SOMETHING HAPPENS. IT WASN'T GOING TO GIVE US THE ADDITIONAL SIX MONTHS. AT TEN HOURS. THIS HONESTLY IS COMING IN LOWER THAN I THOUGHT HIRING SOMEBODY WOULD. WE HAD TALKED ABOUT POSTING IT AND GOING OUT A DIFFERENT WAY, BUT GOING THIS METHOD, CAMI WAS ABLE TO TALK TO CONTRACTORS AND TALK TO OTHER MUNICIPALITIES WHO HAVE DONE VERY LARGE PROJECTS LIKE THIS. GET HONEST, SINCERE FEEDBACK AND SEEK OUT THOSE GROUPS TO COME IN. BECAUSE TO BE HONEST, WE DID THIS PROJECT TWICE. I'M NOT SURE WE HAVE TIME TO HOLD IT UP TO BID ANOTHER THING, AND I WANT TO MAKE SURE THAT WE HAVE THE VERY, VERY BEST PEOPLE WE CAN WORKING ON A PROJECT. CONSIDERING HOW MUCH MONEY WE'RE SPENDING ON THIS PROJECT, THIS IS THE PERSON THAT'S GOING TO MAKE SURE EVERYTHING'S BEING DONE ACCORDING TO THOSE PLANS AND ANSWER QUESTIONS IN THE MOMENT.

BECAUSE I KNOW FROM SITTING ON THE ICE ARENA MEETINGS, WE ARE THERE EVERY TWO WEEKS AND IT'S THE HEIGHT OF THE WORK ON THAT ICE ARENA. WE WERE THERE EVERY SINGLE WEEK AND IT WAS CAMI AND HUNTER WORKING CONSTANTLY ON THAT PROJECT, AND THAT PROJECT WAS VERY SMALL COMPARED TO THE SIZE OF THIS COMMUNITY. PROJECT ALSO EMPLOYS ANOTHER PART TIME PERSON. AT TEN HOURS A WEEK, THEY GET MORE TIME THAN BOB MAHONEY. WELL, I THINK I THINK FROM MY PERSPECTIVE, I WISH THE BOARD WOULD HAVE BEEN INCLUDED ON WHAT THE LOWER BIDS WERE. WHAT WAS THE LOWEST BID NUMBER? I DON'T HAVE THE NUMBER BECAUSE USUALLY LIKE THEY'LL GO WITH I MEAN, OBVIOUSLY YOU'RE SAYING PROFESSIONAL SERVICES LOWER THE LOWER BID AND YOU KNOW, THERE'S I MEAN, LOOK, IT'S IT'S EASY TO SPEND SOMEONE ELSE'S MONEY, YOU KNOW, LIKE WHEN IT'S NOT YOUR MONEY. RIGHT. LIKE I SIT HERE ON THE BOARD AND IT'S ALWAYS LIKE WE'RE GOING TO APPROVE THIS EXPENDITURE, THAT EXPENDITURE AND BUREAUCRACY AND TAXES GO UP, UP, UP, UP. AND I DON'T KNOW THAT WE DO ANY BETTER FOR OUR CITIZENS BY JUST SPENDING MORE MONEY, YOU KNOW, ESPECIALLY WHEN PEOPLE ARE I MEAN, THEY'RE SENDING A MESSAGE IN NEW YORK CITY ABOUT AFFORDABILITY. WE RAISE TAXES ON PEOPLE, AND WE'RE JUST GOING TO NOT PICK THE LOWEST BID BECAUSE YOU JUST THOUGHT THAT'S THE BEST ONE. BUT THIS IS OUR WE ARE FIDUCIARIES LIKE WE'RE YOU KNOW, WE'RE ELECTED TO OVERSEE FINANCES. AND TO ME IT SEEMS LIKE A WASTE OF MONEY. I MEAN, I THINK THE TOWN REALLY NEEDS AND I'VE AND HOPEFULLY WITH THE NEW BOARD WE CAN HIRE. I KNOW THAT YOU DO A GREAT JOB, BUT I THINK THE TOWN NEEDS PERHAPS A, A AN ENGINEER FULL TIME, SOMEONE THAT'S A PROFESSIONAL ENGINEER. I KNOW WE HAD A FAKE ONE WHEN HOKE WAS THE SUPERVISOR. IT WAS A POLITICAL APPOINTEE THAT DIDN'T HAVE A NO, THAT I THAT'S MY OPINION AND I CAN EXPRESS IT.

AND IF YOU DON'T LIKE IT, THEN YOU CAN DISAGREE WITH IT. BUT HE WAS NOT A PROFESSIONAL ENGINEER. HE LACKED THE BASIC QUALIFICATIONS. AND THAT'S WHY WE HAVE CAMI, BECAUSE HE DID NOT HAVE A STAMP. THE GUY, THE GUY COULDN'T OVERSEE A PROJECT BECAUSE HE WAS LEGALLY NOT ABLE TO DO IT. BUT HE CALLED HIMSELF AN ENGINEER. THAT IS AN ENGINEER. AND THAT'S AND THAT'S WHY WE HAVE CAMI. AND I KNOW THAT AS SHE WAS AVAILABLE TO THE REST OF US TO ANSWER ANY QUESTIONS UP TO THIS MOMENT, I'M SURE IF YOU HAD CALLED HER, SHE WOULD HAVE BEEN MORE THAN HAPPY TO HAVE GONE OVER THE ENTIRE VERY LENGTHY PROCESS THAT SHE FOLLOWED IN THE SELECTION OF THIS FIRM AND MAKING THAT RECOMMENDATION TO US. I TRUST WHEN SHE MAKES THE RECOMMENDATION TO US, BUT I SHE WAS MORE THAN WILLING NOT ABOUT CRITICIZING HER. I'M I'M NOT.

AND IF I COULD FINISH, SHE MADE HERSELF AVAILABLE TO MYSELF, TO OTHER MEMBERS OF THE BOARD, AND I'M POSITIVE THAT SHE WOULD HAVE MADE HERSELF AVAILABLE TO YOU IF YOU HAD CALLED HER TO GET THAT INFORMATION PRIOR TO THIS MEETING. WELL, THAT'S WHY WE'RE HERE, TO HAVE A MEETING AND DISCUSS IT, AND WE ARE DISCUSSING IT AND I'M GOING TO VOTE NO. SO I GUESS WE'LL SEE WHERE THE VOTE GOES. DO WE HAVE A MOTION AND A SECOND WE DO. I MADE THE MOTION AND MR. KOZUB MADE THE SECOND. ALL IN FAVOR? AYE, AYE. AGAINST. OKAY. ANY FEMALE GOLF COURSE? HTML, GOLF

[4.23. 18 Mile Golf Course Concession Contract Amended]

COURSE, CONCESSION CONTRACT AMENDED. BE IT RESOLVED THAT THE TOWN BOARD AUTHORIZES THE SUPERVISOR TO SIGN A CONTRACT AMENDMENT BETWEEN THE TOWN AND NORA'S ON NINE, LLC. THE ORIGINAL CONTRACT WAS SIGNED APRIL 28TH, 2025. SO MOVED. SECOND. SECOND. ALL IN FAVOR?

[4.24. Public Safety Dispatch – Surplus Equipment]

AYE AYE. PUBLIC SAFETY DISPATCH. SURPLUS EQUIPMENT. BE IT RESOLVED, THE TOWN BOARD HEREBY APPROVES THE ATTACHED LIST OF EQUIPMENT TO BE DECLARED SURPLUS AND OFFERED FOR SALE TO LOCAL FIRE AND EMS AGENCIES, WITH ANY REMAINING ITEMS BE SOLD VIA AUCTION OR ON EBAY.

AND BE IT FURTHER RESOLVED THAT THE PROCEEDS FROM THE SALE OF SURPLUS EQUIPMENT SHALL BE DEPOSITED INTO ACCOUNT 82 665 AND TRANSFERRED TO A1650 .20 FOR SO MOVED SECOND. ALL IN

[4.25. Article LX Smoke Shops and Vape Shops Code Referral to PB]

FAVOR? AYE AYE. ARTICLE 60 SMOKES SHOP AND VAPE SHOPS. CODE REFERRAL TO PLANNING BOARD.

[03:10:08]

BE IT RESOLVED PURSUANT TO PART 6176, NEW YORK, ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW. SEQRA IS THE INTENT OF TOWN OF HAMBURG TO ESTABLISH ITSELF AS SECRET LEAD AGENCY AND CONDUCT COORDINATED REVIEW OF PROPOSALS, PROPOSED REVISIONS TO CHAPTER 280 ZONING.

BE IT FINALLY RESOLVED THAT THE HAMBURG TOWN BOARD HEREBY ENTERTAINS THIS PROPOSED LOCAL LAW AMENDMENT AND AUTHORIZES THE REFERRAL OF THIS PROPOSED LAW AMENDMENT TO ERIE COUNTY AND TO HAMBURG PLANNING BOARD FOR ITS REVIEW AND RECOMMENDATION. SO MOVED.

SECOND. ALL IN FAVOR? AYE AYE. CHAPTER 34 MANDATORY TRAINING CODE AMENDMENT REFERRAL TO

[4.26. Chapter 34 Mandatory Training Code Amendments Referral to PB]

PLANNING BOARD. NOW THEREFORE BE RESOLVED PURSUANT TO. SORRY. THIS WOULD BE REVIEW OF PROPOSED REVISIONS TO CHAPTER 34 MANDATORY TRAINING OF THE HAMBURG TOWN BOARD. HEREBY ENTERTAINS IS PROPOSED LOCAL LAW AMENDMENT AND AUTHORIZES THE REFERRAL OF THIS PROPOSED LOCAL LAW AMENDMENT TO ERIE COUNTY AND TO THE HAMBURG PLANNING BOARD FOR ITS REVIEW AND RECOMMENDATION. SO MOVED SECOND ON THE QUESTION. IT STATES THAT FULL COPIES ARE ATTACHED IS THAT THE FULL COPIES IS THAT I'M NOT EVEN SURE WHO TO DIRECT THIS TO. IF IT'S CAN I DIRECT IT TO OR JOSH? JOSH, THE AMENDED CHAPTER 34. THE BULLET POINT IS THAT THE THE CODE CHANGE THAT WE'RE VOTING ON, OR IS CHAPTER 34 IS IT JUST SAYS FULL COPIES ATTACHED IN THIS, BUT THERE WAS NOTHING ATTACHED IS WHAT I'M REFERENCING. WOULD YOU SAY TOWN WEBSITE? SO IT MIGHT JUST MAP OUT ATTACHED. BUT IT'S ESSENTIALLY ESSENTIALLY WHAT IT IS. IS CHAPTER 34 TRAINING REQUIREMENTS FOR THE PLANNING BOARD, ZONING BOARD, AND ALSO LOOKING AT ADDING ALTERNATE MEMBERS AS WELL SO THAT YOU CAN MAINTAIN QUORUM. RIGHT. SO COPIES AVAILABLE ON THE WEBSITE IF I CAN GET ONE TO ALL THE BOARD MEMBERS AND THIS IS REFERRING IT TO ERIE COUNTY INTO THE PLANNING BOARD FOR REVIEW AND RECOMMENDATION, THEN WILL COME BACK TO US. BRAD, CAN YOU MAKE SURE IT'S UPDATED ON THE TOWN WEBSITE TO LIKE THE IN THE MINUTES THAT IT'S UPDATED? BECAUSE IF IT SAYS FULL COPIES ATTACHED, I WILL THANK YOU. DO WE HAVE A MOTION? WE DO. AND A SECOND. ALL IN FAVOR? AYE. 2026 ASSOCIATION OF TOWNS ANNUAL

[4.27. 2026 Association of Towns Annual Meeting and Training School-Supervisor]

MEETING AND TRAINING SCHOOL SUPERVISOR. WHEREAS TOWN OF HAMBURG IS A MEMBER OF THE ASSOCIATION OF TOWNS. AND NOW THEREFORE, BE IT RESOLVED, TOWN BOARD DOES HEREBY AUTHORIZE SUPERVISOR ELECT ELIZABETH FARRELL LORENZ TO ATTEND THE ASSOCIATION OF TOWNS OF THE STATE OF NEW YORK ANNUAL MEETING AND TRAINING SCHOOL WITH THE FOLLOWING EXPENSES AS LISTED. SO MOVED SECOND. ALL IN FAVOR? AYE. BRED 428 APPROVED. SPECTRUM NORTHEAST LLC. CABLE

[4.28. Approve Spectrum Northeast LLC Cable Television Franchise Renewal]

TELEVISION FRANCHISE RENEWAL. BRAD, IF YOU WOULDN'T MIND. BRAD, IF YOU WOULDN'T MIND READING THE ENTIRE TEXT OF THIS RESOLUTION, BECAUSE IT HAS TO BE SUBMITTED TO THE NEW YORK STATE PUBLIC SERVICE COMMISSION FOR APPROVAL. STATE OF NEW YORK, TOWN OF HAMBURG, COUNTY OF ERIE.

IN THE MATTER OF GRANTING A CABLE TELEVISION FRANCHISE HELD BY SPECTRUM NORTHEAST, LLC IN THE TOWN OF HAMBURG, COUNTY OF ERIE, NEW YORK. RESOLUTION. AN APPLICATION HAS BEEN DULY MADE TO THE TOWN BOARD OF THE TOWN OF HAMBURG, COUNTY OF ERIE, NEW YORK, BY SPECTRUM NORTHEAST, LLC, AN INDIRECT SUBSIDIARY OF CHARTER COMMUNICATIONS, INC. CHARTER, A LIMITED LIABILITY COMPANY ORGANIZED AND EXISTING IN GOOD STANDING UNDER THE LAWS OF THE STATE OF DELAWARE, DOING BUSINESS AS TWO 604 SENECA AVENUE, NIAGARA FALLS, NEW YORK. 14305 FOR THE APPROVAL OF RENEWAL AGREEMENT FOR CHARTER CABLE, CHARTER'S CABLE TELEVISION FRANCHISE, FOR 15 YEARS, COMMENCING WITH THE DATE OF THE APPROVAL BY THE PUBLIC SERVICE COMMISSION. THE FRANCHISE RENEWAL AGREEMENT WOULD BRING THE FRANCHISE INTO CONFORMITY WITH CERTAIN PROVISIONS OF THE CABLE COMMUNICATIONS POLICY ACT OF 1984, AS AMENDED. IN CERTAIN COURT RULINGS, A PUBLIC HEARING WAS HELD IN THE TOWN OF HAMBURG, NEW YORK, ON DECEMBER 8TH, 2025 AT 7 P.M. AND NOTICE OF HEARING WAS PUBLISHED IN THE BUFFALO BUSINESS FIRST ON NOVEMBER 28TH, 2025. NOW, THEREFORE, THE BOARD OF THE TOWN OF HAMBURG FINDS THAT ONE SPECTRUM, NORTHEAST LLC, IS SUBSTANTIALLY COMPLIED WITH THE MATERIAL TERMS AND CONDITIONS OF THE EXISTING FRANCHISE AND WITH APPLICABLE LAW AND SPECTRUM NORTHEAST, LLC IS THE FINANCIAL, LEGAL AND TECHNICAL ABILITY TO PROVIDE THESE SERVICES, FACILITIES, EQUIPMENT AS SET FORTH IN THE PROPOSAL ATTACHED AND THREE SPECTRUM NORTHEAST LLC CAN REASONABLY MEET THE FUTURE CABLE RELATED COMMUNITY NEEDS AND INTERESTS, TAKING INTO ACCOUNT THE COSTS OF MEETING SUCH NEEDS AND INTERESTS. BE IT FURTHER RESOLVED THAT THE TOWN BOARD OF THE TOWN OF HAMBURG HEREBY GRANTS THE CABLE TELEVISION FRANCHISE OF SPECTRUM NORTHEAST, LLC IN THE TOWN OF HAMBURG FOR 15 YEARS, COMMENCING WITH THE DATE OF APPROVAL OF THE PUBLIC SERVICE COMMISSION AND EXPIRING 15 YEARS HENCE. BE IT FURTHER RESOLVED THAT THE TOWN BOARD OF THE TOWN OF HAMBURG HEREBY CONFIRMS ACCEPTANCE OF THIS FRANCHISE RENEWAL AGREEMENT.

THE FOREGOING HAVE RECEIVED A. VOTE WAS THERE BY. DECLARED. ADOPTED. OKAY. WE HAVE TO VOTE FIRST. BEFORE THAT LAST LINE. YOU CAN REREAD IT RIGHT? THE VOTE AGAIN. SO MOVED SECOND.

[03:15:04]

ALL IN FAVOR? AYE. WAS EVERYBODY ALL RIGHT? FIVE ZERO VOTE. ALL RIGHT. AND THAT'S

[Additional Item 1]

LEADS US TO OUR AUDITS. THE FIRST ONE AUDITS OF CASH DISBURSEMENT. THIS IS FOR THE TOWN. THE TOTAL IS $1,484,203.70. AND THE ARPA AUDIT CASH DISBURSEMENTS IS $10,504.27. SO MOVED SECOND. ALL IN FAVOR? AYE, AYE. OKAY. ANY COMMENTS FROM THE PUBLIC?

[Additional Item 2]

NO PUBLIC COMMENT? NO PUBLIC COMMENT. ANY BOARD COMMENTS? HOW ABOUT THE DEPARTMENT HEADS LIKE TO SAY ANYTHING? I HAD AN ITEM THAT WAS SUPPOSED TO BE ON THE WORK SESSION FOR DISCUSSION THAT WE PUSHED BECAUSE WE RAN LONG IN THE WORK SESSION WITH THE LENGTH OF THIS MEETING, AND IT WILL TAKE AT LEAST A FEW MINUTES FOR ME TO GO OVER EVERYTHING. I THINK WE HAVE ENOUGH TIME TO PUSH IT TO THE WORK SESSION ON THE 22ND. IF THAT'S ALL RIGHT WITH THE SUPERVISOR, I'M SURE IT'S OKAY WITH JOSH. HE'S GOT AN EAGLES GAME. I'LL KEEP THINGS SHORT AND JUST DO IT NEXT TWO WEEKS FROM NOW. AND IT DOESN'T AFFECT ANYTHING NEGATIVELY AS FAR AS WHAT YOU KNOW I THINK WE CAN STILL DISCUSS IT IN IN TWO WEEKS. IT'S NOT TIME SENSITIVE JUST YET BUT I IT'S IMPORTANT TO GET TO IT SOON. BUT I THINK WITH THE LATENESS OF THE HOUR, IT'D BE BETTER TO SEE IT WITH FRESH MINDS ON THE 22ND. CAN YOU SEND US A QUICK SUMMARY OF IT PRIOR TO THE MEETING? THAT WAY, IF WE ARE IN THE SAME POSITION AGAIN, WE CAN MOVE EXPEDIENTLY, RIGHT? AND AND IF WE SO CHOOSE TO CALL YOU TO GET A BRIEFING AHEAD OF TIME, WE COULD DO THAT ALSO TO EXPEDITE THINGS THAT NEED SOMETHING LATER THIS WEEK SO THAT YOU HAVE A WHOLE WEEK TO GO OVER WHAT I HAVE COMING UP. OKAY. THANK YOU. ANYBODY ELSE? BETTER NOT BE ABOUT THE PROPERTY ON CAMP? CAPTAIN, I'D LIKE TO REMIND RESIDENTS TO OBEY THE PARKING ORDINANCE. ORDINANCE FROM 1 TO 6 A.M. THIS IS SO SUPERINTENDENT HUGHES CAN GET HIS PLOWS DOWN THE STREET. AND WE COULD GET THE SNOW REMOVED. I'D ALSO LIKE TO RECOGNIZE KELSEY EBERT. SHE WAS IN CHARGE OF SHOP WITH A COP. THERE WERE 32 CHILDREN AT WALMART. THE DISPATCHERS HELPED OUT. WE HAD OTHER POLICE OFFICERS AND MADE SOME KIDS CHRISTMAS A LOT BRIGHTER. POLAR PLUNGE THAT WAS AT WOODLAWN BEACH BROUGHT MCCABE HELP OUT, HELPED OUT WITH THAT. THERE WERE A LOT OF LOCAL VOLUNTEER FIRE COMPANIES, SHERIFFS, STATE POLICE, 2200 PLUNGERS WENT IN, $696,000 WAS RAISED FOR THE SPECIAL OLYMPICS. I SEEN ONE THAT KIND OF LOOKED LIKE SOMEBODY IN THE AUDIENCE THERE. LAST BUT NOT LEAST, WE HAD AN INCIDENT IN THE LAST WEEK. PATROLMAN KOWALSKI, SULLIVAN, WILSON AND MILLIE THE WAS MALE THAT WAS GOING THROUGH A MENTAL HEALTH ISSUE. HE IT WAS HE WANTED SUICIDE BY COP. AND I'LL TELL YOU WHAT. THROUGH THEIR TRAINING THEY DIDN'T. EXCELLENT JOB DE-ESCALATING THE SITUATION. PATROLMAN KOWALSKI WAS ABLE TO INCAPACITATE HIM WITH A TASER, AND HE WAS TAKEN TO E-C-M-C, WHERE HE GOT THE HELP HE NEEDED. I REMIND PEOPLE THAT CRISIS SERVICES IS AVAILABLE. 8343131. AND WE HAVE BEHAVIORAL HEALTH CLINICIAN ON STAFF THAT CAN BE REACHED. WITH THE HOLIDAYS. WE SEE MORE AND MORE OF THIS GOING ON. THANK YOU, THANK YOU. GREAT JOB. AND THANK THE OFFICERS THERE. DID YOU HAVE SOMETHING YOU WANTED TO SAY. YOU GOT A PAPER IN YOUR HAND THERE? HE HE STOLE YOUR THUNDER WITH THE PARKING DIDN'T HE. HI GUYS. WINTERS HERE, LIKE YOU SAID, SO FAR SINCE NOVEMBER, WE HAD SEVEN CALL OUTS AFTER THE 3:00. SO OUR GUYS HAVE BEEN OUT SEVEN TIMES ALREADY, WHICH IS PRETTY, PRETTY BUSY. I LIKE, JUST LIKE TO THANK MY GUYS FOR GETTING ALL THE TRUCKS READY.

WE HAVE 16 TRUCKS READY, ALL THE ALL THE EMPLOYEES PUT IN AND AND THEY THEY GOT THEM ALL UP AND RUNNING. I WANT A SPECIAL THANKS TO OUR TWO MECHANICS TO GET THEM ALL UP

[03:20:04]

AND RUNNING AND KEEP THEM RUNNING. THAT'S IT FOR NOW. THANK YOU. GARBAGE BOB. THAT'S GREAT. THE ABUSE. YOU'VE BEEN HANDLING A LOT OF PHONE CALLS. YEAH, YEAH, I HAVE BEEN. THANK YOU. I'VE BEEN HAVING A LOT OF PHONE CALLS. KEEP THEM COMING. CALL THE TOWN HALL EXTENSION TWO TWO, THREE, THREE. PLEASE LEAVE A MESSAGE. AND THE BEST TIME TO CALL YOU BACK. I'M PLAYING PHONE TAG WITH A LOT OF PEOPLE. AND THE ONES I DO GET AHOLD OF, I'LL GIVE MY PERSONAL CELL PHONE, WHICH IS NOT A PROBLEM. I'VE HAD NUMEROUS MEETINGS MESSAGES OUT THERE, THANKS TO THE SENIOR CENTER LETTING ME HOLD MEETINGS OUT THERE. I WILL BE SCHEDULING MORE MEETINGS, BUT I'M GOING TO WAIT UNTIL AFTER THE HOLIDAYS. BUT IF YOU NEED TO GET AHOLD OF ME, CALL TOWN HALL. I'M EXTENSION 2233 AND LEAVE A MESSAGE, PLEASE. THANK YOU AND TELL YOUR FRIENDS ABOUT IT. OKAY. NEED A MOTION TO ADJOURN? YEAH. ANYBODY ELSE? I'M SORRY.

DO WE WANT TO ACKNOWLEDGE BARNEY FRANK? NO, I HAVE TO GO. BUT IF YOU GUYS WANT TO FILL ME IN ON YOUR REPORT, YOU CAN. OKAY. HOW ABOUT YOU, DAN? THE 15TH IS HANUKKAH. HAPPY HANUKKAH TO OUR JEWISH FRIENDS AND FAMILY MEMBERS. I DON'T REALLY HAVE A WHOLE LOT TO SAY.

JUST OBEY THE PARKING LOT, MEG. I JUST WANTED TO TAKE A QUICK MOMENT AND THANK THE VILLAGE.

THEY DID A GREAT JOB INCLUDING US IN THE PARADE, THE HOLLY JOLLY WEEKEND. IT WAS NICE TO PARTICIPATE IN THAT AND TO SEE ALL THE SMILING FACES AND TO CELEBRATE ALL OF THE THINGS THAT THE TOWN HAS GOING ON DURING THE CHRISTMAS HOLIDAYS. I KNOW THIS WEEKEND THE VILLAGE IS AGAIN DOING MORE CHRISTMAS ACTIVITIES AND I BELIEVE, DO WE ALREADY HAVE THE TAYLOR ROAD? THE REJUVENATION ONE WE DID IT WAS I WAS GOING TO SAY THANK YOU TO THAT. I MISSED THAT ONE.

YEAH, THAT WAS LAST LAST SATURDAY. YEAH. HOLLY JOLLY WEEKEND. IT WAS PACKED FULL OF FUN. IT'S BEEN A HOLLY JOLLY TIME, AS YOU SAID. WHY DO YOU GUYS LOOK AT ME WHEN YOU SAY HOLLY JOLLY? ARE YOU ALL. I'M ALL. OH, OKAY, THEN. AND I WON'T REPEAT THAT BECAUSE I KNOW WE'RE WE'RE TRYING TO GET OUT OF HERE, BUT. SO THE SAME THINGS TO ALL OF THOSE INDIVIDUALS FOR THE IT'S A GREAT TIME TO BE IN OUR TOWN AS IT ALWAYS IS. THANK YOU TO THE REJUVENATION PROJECT COMMITTEE. THEY DO SUCH A GREAT JOB EVERY SINGLE YEAR. AND THEY DID LAST SATURDAY WITH THE CHRISTMAS AT THE CABIN. IT WAS A JOY TO SEE ALL OF THE FAMILIES THERE TOGETHER, PARTAKING AND ENJOYING THIS FREE COMMUNITY EVENT. I WANT TO THANK BOB MAHONEY TOO, BECAUSE I KNOW THAT I GET STOPPED BY INDIVIDUALS AND THEY GIVE ME THEIR CELL NUMBER AND THEY WANT TO KNOW ABOUT THAT, THE NEW GARBAGE, AND THEY'RE THRILLED.

EVERYONE IS THRILLED ABOUT THE NEW GARBAGE SYSTEM THAT WE HAVE SET UP, AS THEY CALL IT. AND THEN I CAN GIVE THE NUMBER TO BOB, AND HE CALLS THEM AND HE EXPLAINS, AND HE TAKES THE TIME AND HELPS THEM OUT. AND SO I GREATLY APPRECIATE THE CARE AND CONCERN THAT HE'S TAKING WITH EACH OF OUR RESIDENTS, SO THAT THEY CAN WORK THEIR WAY THROUGH THIS NEW PROCESS, BECAUSE THEY'RE ALL THRILLED ABOUT IT. BUT OF COURSE, THERE'S SOME TREPIDATION. THANK YOU. TO OUR HIGHWAY AND BUILDINGS AND GROUNDS DEPARTMENTS IN ADVANCE ARE FOR THE LITTLE BIT OF WINTER WEATHER WE ALREADY HAD AND FOR UNFORTUNATELY, PROBABLY THE LOT OF WINTER WEATHER WE HAVE COMING UP. AND JUST SO THANK YOU FOR THEM FOR THEIR ONGOING DEDICATION. AND AGAIN, WE HAD SO MANY GREAT EVENTS IN THE TOWN, AND THEY'RE MADE POSSIBLE BY THE INDIVIDUALS WHO VOLUNTEER ON OUR COMMITTEES AND BY OUR DIFFERENT DEPARTMENTS, WHETHER IT'S SHOP WITH A COP OR THE POLAR PLUNGE, OUR FIRE COMPANIES, OUR POLICE, EVERYONE WHO JUST CONTRIBUTES ALL THE TIME TO MAKE THIS COMMUNITY SUCH A WONDERFUL PLACE TO BE AND TO HAVE SO MANY WONDERFUL THINGS TO DO WEEK IN AND WEEK OUT, WINTER, SPRING, SUMMER AND FALL. SO AND WE'LL SEE YOU ON THE 22ND. OKAY, I WAS UNABLE TO GO TO THE REJUVENATION. CHRISTMAS EVENT THIS PAST SATURDAY BECAUSE I WAS FILLING IN FOR MRS. SANTA CLAUS IN LAKEVIEW, SO I GOT TO SEE A LOT OF CUTE LITTLE FACES, AND EVERYBODY WAS EXCITED TO SEE SANTA CLAUS THERE. SO THAT WAS A FUN EVENT. SO THAT'S IT FOR ME. BUT I WANT TO WISH EVERYBODY HAVE SAFE TRAVELS HOME. AND NEXT TIME WE SEE YOU WILL BE MERRY CHRISTMAS. THAT'S WHAT I'LL BE. MOTION TO ADJOURN SECOND. SO MOVED. I

* This transcript was compiled from uncorrected Closed Captioning.