Mar 04, 2026 03-04-2026 PB Meeting

[00:00:05]

OF THE WORK SESSION FOR MARCH 4TH OF 2026. THAT'S OKAY. AND AGAIN, THE ONLY THING I WANT TO REMIND THE AUDIENCE, BECAUSE THERE ARE MICROPHONES AND CAMERAS THROUGHOUT THE ROOM. SO TO BE RESPECTFUL WHEN WE HAVE SOMEONE UP TALKING TO HOLD BACK THE CHATTER IN THE BACK, PLEASE.

WE'LL HAVE PLENTY OF TIME TO TALK. AND DON'T FORGET TO USE THE MICROPHONE. SO WITH THAT

[2. Seven (7) Brew Coffee – Requesting Site Plan Approval of a proposal to construct a 510 sq-ft building with two drive-thru lanes to be located on a 0.78-acre parcel at 3701 McKinley Parkway (SBL #: 160.07-2-28.2) ]

THERE'S NO SIT DOWN. THERE'S NO FOOD. THEY DO SERVE COFFEE, BUT MOSTLY WHAT THEY DO IS DRINKS LIKE SMOOTHIES, ENERGY DRINKS, THINGS LIKE THAT. SO YOU CAN SEE BASED ON THE SKETCH PLAN, WE HAVE A SINGLE CURB CUT ENTRANCE. THE DRIVE THROUGH WILL STACK AROUND THE BACK OF THE SITE. EMPLOYEES WILL GO THROUGH THE DRIVE THROUGH WITH TABLETS TO TAKE THE PEOPLE'S ORDERS. ALL THIS IS DONE IN AN EFFORT TO KIND OF MOVE PEOPLE ALONG AS QUICKLY AS POSSIBLE, SO THAT WHEN THEY GET UP TO THE THE TAKEOUT WINDOW, THEIR ORDER CAN BE BROUGHT OUT TO THEM IN A FAST AND EFFICIENT MANNER. IF THERE'S. BUT IF THERE'S ANY QUESTIONS OR COMMENTS RIGHT NOW WE'RE JUST LOOKING FOR KIND OF SKETCH PLAN DIRECTION TO HOPEFULLY MOVE FORWARD WITH A SITE PLAN, FULL SITE PLAN SUBMITTAL. OKAY. THANK YOU. PLANNING DEPARTMENT. SORRY. SO YOU GUYS WILL RECALL, LIKE ANTHONY SAID A COUPLE MEETINGS AGO, THEY WERE PROPOSING AT SOUTHWESTERN BOULEVARD, ANOTHER PROPOSAL, MCKINLEY PARKWAY. I ACTUALLY HAD THE CHANCE TO HAVE LIKE A PRE-APPLICATION MEETING WITH THE APPLICANT KIND OF TALKING ABOUT THIS PARCEL AND MCKINLEY. I THINK IT IS A LITTLE BIT BETTER THAN SOUTHWESTERN. I SPOKE AT THE LAST MEETING. OBVIOUSLY, I LIVE IN THE NORTH TOWN, SO I'M VERY FAMILIAR WITH THE SEVEN BREW THAT'S ON MAPLE ROAD AND NORTH BAILEY, BUT IN THE TOWN OF AMHERST AND OBVIOUSLY HAS GOTTEN A LOT OF NEWS ATTENTION OF IT BACKING UP ONTO NORTH BAILEY AND ONTO MAPLE, WHICH IS OBVIOUSLY A COUNTY ROAD UP IN AMHERST WITH THIS INTERIOR, YOU KNOW, KIND OF CIRCULATION. I THINK IT'S A LITTLE BIT BETTER. ONE OF THE THINGS I KNOW, I SPOKE WITH THE TOWN ENGINEER VERY PRELIMINARY ABOUT, IS I STILL DO HAVE A CONCERN ABOUT AND OBVIOUSLY IT'S STILL IN THE WORK SESSION. SO WE HAVEN'T SENT IT TO THE FIRE COMPANY. BUT IF THERE WAS ANYBODY, YOU KNOW, OBVIOUSLY PEOPLE ARE COMING INTO ANY OF THE DRIVE LANES. IF SOMEBODY HAS A SECOND THOUGHT AND DOESN'T WANT TO GET AN ORDER ANYMORE OR THEY HAVE AN EMERGENCY OR WHATEVER THE CASE MAY BE AND THEY WANT TO JET OUT, I DO STILL HAVE A CONCERN THAT IF THEY'RE IN ONE OF THESE TWO DRIVE THROUGH LANES, THEY'LL KIND OF GET CAUGHT IN THE QUEUE, ESPECIALLY IN THAT VERY GRAND OPENING WHEN, YOU KNOW, THE FIRST TWO MONTHS MIGHT BE, YOU KNOW, A LOT OF CARS COMING IN, OBVIOUSLY WITH THE BACKUP INTO THIS RING ROAD. I'M NOT TOO CONCERNED ABOUT THAT, BUT I AM MORE CONCERNED ABOUT THE INTERNAL CIRCULATION OF SOMEBODY IS FOUR SPOTS IN AND THEN THEY HAVE A CHANGE OF HEART. IF THERE'S AN ISSUE THAT THEY'RE KIND OF, YOU KNOW, WAITING IN THIS QUEUE. AND REALLY THE ONLY EXIT IS THROUGH THE END OF THE CIRCULATION AND OUT BACK THROUGH THE DRIVEWAY. SO THAT'S SOMETHING THAT OBVIOUSLY IT'S, YOU KNOW, KIND OF EARLY ON, I'M SURE THEY'LL WORK THROUGH MULTIPLE ITERATIONS OF IT OUTSIDE OF THAT, OBVIOUSLY, LIKE I SAID, BECAUSE IT'S A VERY UNIQUE KIND OF BUSINESS WHERE YOU'RE NOT GETTING OUT OF YOUR CAR. THAT'S THE OTHER REASON FOR CONCERN. YOU KNOW, IF YOU WERE ABLE TO GET OUT, THEN, ALL RIGHT, MAYBE SOME OF THAT RELIEF FROM CARS WOULD, YOU KNOW, COME OUT OR THEY'D PARK. OBVIOUSLY EVERYONE'S SINGING THEIR CAR. SO LIKE I SAID, IF THERE'S ANY CONCERN, IF SOMEBODY WANTS TO JET OUT, THAT'S SOMETHING THAT, YOU KNOW, I'D LIKE FOR THE APPLICANT TO LOOK AT. I DON'T HAVE ANY CONCERNS WITH THE DUMPSTER LOCATION OR THE PARKING OR THE HANDICAP OR HANDICAP PARKING, BUT THAT'S KIND OF THE THE EARLY THINGS THAT I SAW FROM THIS PRELIMINARY APPLICATION. OKAY. THANK YOU. ENGINEERING. DO YOU HAVE ANYTHING? I THINK THAT THE ITEM THAT JOSH BROUGHT UP WAS THE THING THAT STOOD OUT THE MOST. GENERALLY, IT IS A SMALL ENOUGH SITE. IT WON'T REQUIRE A FULL STORMWATER POLLUTION PREVENTION PLAN. I BELIEVE THE DRAINAGE ON THESE OUT PARCEL GOES INTO THE MAIN LOT AND WOULD CONNECT TO DRAINAGE. THE CAR WASH WE DID DRAIN TO THE DITCH ALONG MCKINLEY. OKAY,

[00:05:08]

SO MAKE YOURSELF COMFORTABLE. I'M SORRY. GO AHEAD. BOARD MEMBERS, MEMBER RYAN, I HAVE A QUESTION. THE CURB CUT COMING IN, THAT WILL BE A NEW CURB CUT, AM I CORRECT? YEAH. SO WHAT WE WOULD DO IS CLOSE THE EXISTING ONE AND OPEN A NEW ONE. SO THERE WOULD. THERE'S ONE THERE NOW. THERE'LL BE ONE THERE AFTER. OKAY. WE WOULD, WE WOULD JUST MOVE IT. YEAH. OKAY. AND THE OUTER LANE I KNOW. IS IT IN MORE. BECAUSE I KNOW BACK WHEN THE OTHER BUILDING WAS THERE THAT WAS A VERY NARROW AREA TO KIND OF COME AROUND. AND IN THE WINTER TIME IT WAS KIND OF DICEY. AND IF YOU'RE HAVING PEOPLE OUTSIDE THAT ARE WITH THE TABLETS, I WOULD JUST BE WORRIED FOR THEM. OKAY. YOU'D BE WORRIED ABOUT ABOUT THE ICINESS OF THE. WELL, IT'S SO SMALL THERE FOR TWO CARS TO COME THROUGH. OH, OKAY. YEAH. YOU'RE TALKING ABOUT WHERE THE EXISTING BUILDING WAS, SO THIS WOULD BE PUSHED A LOT MORE UP TOWARDS THE FRONT OF THE LOT THAT I BELIEVE THAT OLD BUILDINGS GONE RIGHT NOW. I BELIEVE IT'S COMPLETELY GONE.

THIS BUILDING WOULD BE LOCATED BASED ON THE SITE PLAN WITH THE AERIAL, THE BUILDINGS. THE BACK OF THE BUILDING IS AT THE FRONT OF WHERE THE OLD BUILDING USED TO BE, IT LOOKS LIKE. SO THERE SHOULD BE PLENTY OF ROOM BACK THERE. AND JUST TO KIND OF COMMENT ON WHAT WAS MENTIONED BEFORE, IT LOOKS LIKE WE MIGHT EVEN HAVE ENOUGH ROOM TO EXTEND THAT PASS THROUGH LANE ALL THE WAY AROUND THE SITE. SO THERE'LL BE THREE LANES TO TWO FOR CUSTOMERS AND THEN ONE PASS BY. I THINK THAT'S A GOOD POINT. SHOULD SOMEONE NEED TO GET OUT OF LINE THAT WE HAVE THAT EXTENDED ALL THE WAY AROUND. SO DEFINITELY SOMETHING I WILL PASS ALONG. THANK YOU. ANYONE ELSE? YEP. THAT ANSWERED MY QUESTION. ANSWERED MY QUESTION AS WELL. OKAY, SO I THINK THAT IT'S A I, I WAS OUT THERE THE OTHER DAY LAST FRIDAY, AND I THOUGHT THAT IT WAS A MUCH BETTER SELECTION. YEP, YEP. I DON'T KNOW HOW YOU'RE GETTING ALL THE BAD PRESS. THAT'S UNFORTUNATE. I DON'T KNOW WHO'S CALLING THE NEWS STATIONS, BUT EVERY TIME I TURNED ON THE TV, IT WAS ON THERE. AND IT'S UNFORTUNATE, YOU KNOW, IT'S IT'S NOT JUST A NEW LOCATION.

IT'S A COMPLETELY NEW PRODUCT COMING TO THIS AREA, WHICH I THINK THAT'S A GOOD THING. IT'S GOING TO STIMULATE BUSINESS, IT'S GOING TO STIMULATE NEARBY BUSINESSES. BUT YOU KNOW THAT THAT INITIAL SURGE, IT'S TO BE EXPECTED WITH SOMETHING NEW. WE WE ANTICIPATE FOR THAT AMHERST LOCATION THAT, YOU KNOW, AS TIME GOES BY, IT'LL KIND OF REVERT BACK TO THE NORM. BUT YEAH, THOSE FIRST COUPLE MONTHS, PEOPLE GET EXCITED ABOUT IT. AND AND YOU KNOW, IT CAN CREATE SOME PROBLEMS. BUT OVERALL THAT'S A GOOD THING I THINK OKAY. SO WHAT'S NEXT. WHAT DO YOU WHERE DO YOU WANT TO GO FROM HERE. SIMILAR TO WHAT WE DID FOR THE LAST ITERATION OF THIS PROJECT, WE CAN TABLE THEM UNTIL THEY'RE READY TO COME FOR A FULL SITE PLAN APPLICATION.

SO WE'LL TABLE THEM INDEFINITELY. OKAY. THANK YOU. ALL RIGHT. THANK YOU. JOSH, IT'S 6:45. DO YOU HAVE YOUR CODE AMENDMENTS? I THINK WHAT I'LL DO IS IF IT'S COMFORTABLE WITH THE BOARD, I WILL BRING IT TO OUR FIRST MEETING OR SECOND MEETING IN MARCH, MARCH 18TH, WHERE I'LL HAVE A MORE FULLY FLESHED OUT VERSION OF THE CODE. AND THEN WE'LL JUST DO IT AT THE WORK SESSION. THEN WHAT I'D LIKE TO DO, IF IT'S ALL RIGHT WITH THE BOARD, IS BECAUSE I HAVE PEOPLE STANDING IN THE BACK. I WOULD LIKE TO TAKE THESE CHAIRS. WE'LL STOP FOR RIGHT NOW. EVERYBODY TURN YOUR MICS OFF AND HAVE THEM. THE PEOPLE THAT ARE IN THE BACK, YOU CAN COME ON UP HERE AND GRAB SOME CHAIRS. WE HAVE CHAIRS UP HERE AND WE'LL GET HA.

LADIES AND GENTLEMEN, CAN I PLEASE HAVE EVERYONE'S ATTENTION? AND I WOULD LIKE YOU TO HEAR. LISTEN TO ME VERY CAREFULLY. MY NAME IS CINDY GRONINGEN. I'M THE CHAIR OF THE

[00:10:02]

WE'RE. THAT'S WHY YOU'RE ALL HERE. THAT'S WHAT WE WANT. BUT I WANT YOU TO BE CONCISE IN YOUR COMMENTS AND MAKE SURE THAT DON'T BE UPSET WHEN WE PULL THE WHEN WE TELL YOU THAT YOUR THREE MINUTES ARE OVER, OKAY. AND PLEASE BE RESPECTFUL OF OTHER PEOPLE. EVERYBODY'S ENTITLED TO THEIR OPINION TONIGHT. OKAY. SO THE BOARD NEEDS TO LISTEN. WE'LL BE CONCENTRATING ON WHAT YOU HAVE TO SAY TO US. ALL RIGHT. SO I WANT IT TO BE PEACEFUL. I WANT IT TO BE PLEASANT. AND I WANT TO HEAR ALL OF YOUR OPINIONS. THIS WHOLE BOARD DOES. THERE'S SEVEN OF US. WE'RE HERE TO LISTEN. OKAY. SO I THINK THAT WE'RE GOING TO START I KNOW WE'RE A FEW MINUTES, BUT I THINK THAT WE I'M GOING TO START. EVERYBODY TURN YOUR MICS ON. WE'RE GOING TO START A FEW MINUTES EARLY WITH BECAUSE WE HAVE THE MINUTES TO APPROVE.

AND BUT WE'LL START THIS EVENING AND I'M GOING TO HAVE MEMBER CLARK START US OFF WITH THE PLEDGE OF ALLEGIANCE. PLEASE STAND. I PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. MEMBER. WOULD YOU PLEASE CALL THE ROLL? PRESENT? WILLIAM CLARK HERE. CAITLIN SHIMURA, ABSENT AND EXCUSED. KIM RYAN HERE. RYAN STEWART HERE. RICH SAJAK HERE. OKAY. PRESENT. ALRIGHT, SO BEFORE WE START THE REGULAR MEETING AND OUR PUBLIC HEARING BOARD MEMBERS, YOU HAVE SEVERAL MONTHS OF MINUTES THAT YOU HAD TO REVIEW WITH OUR NEW ASSISTANT, BRIDGET, WHO REMINDED AGAIN THAT YOU ALL TALK INTO YOUR MIC SO SHE CAN HEAR YOU. SO HAVE YOU. FIRST OF ALL, HAS EVERYONE HAD TIME TO REVIEW THEM ALL? YES. OKAY. YES. YES OKAY. SO ARE THERE ANY CHANGES, ALTERATIONS, COMMENTS, QUESTIONS, ANYTHING ON THE ON THE MINUTES? NO CHAIR OKAY. NO, NO. ALL RIGHT. SO BEING THAT WE'RE APPROVING FROM JULY, SOMEBODY'S GOING TO HAVE TO HELP ME OUT HERE BECAUSE I DON'T HAVE IT IN FRONT OF ME. YOU'RE APPROVING JULY 23RD, DECEMBER 3RD. DECEMBER 17TH.

JANUARY 7TH, JANUARY 21ST, FEBRUARY 4TH AND FEBRUARY 18TH. I'M SORRY. JANUARY 7TH. JANUARY 21ST. FEBRUARY 4TH AND FEBRUARY 18TH. OKAY. CAN WE CAN WE APPROVE THEM ALL WITH ONE VOTE OR DO WE HAVE TO DO IT INDIVIDUALLY? I THINK WE CAN DO THEM ALL AS ONE. WE'VE DONE THAT BEFORE. RIGHT, JOE? I THINK WE CAN DO THEM AS ONE. OKAY. SO IF THERE'S BEEN NO CHANGES, NO DELETIONS, NO COMMENTS ON THE MINUTES FOR THE DATES THAT JOSH JUST REPORTED, DO I HAVE A MOTION MEMBER? RYAN MAKES A MOTION TO APPROVE THE MINUTES AS REPORTED, MEMBER GERACI SECONDS. IT'S BEEN MOVED. AND SECOND, ALL THOSE IN FAVOR? I ANY OPPOSED? SO THE MINUTES FOR JULY 20TH THIRD, DECEMBER 3RD. DECEMBER 17TH. JANUARY 7TH, JANUARY 21ST, FEBRUARY 4TH AND FEBRUARY 18TH HAVE BEEN OFFICIALLY APPROVED. OKAY, SO WE GOT THAT OUT OF THE WAY. THE REASON WHY I WANTED TO GET THAT FIRST IS BECAUSE I FORGOT LAST MEETING. IT HAPPENS WHEN YOU GOT A LOT GOING ON UP HERE. OKAY. SO TONIGHT AND AGAIN I'M GOING TO REITERATE BECAUSE MORE

[1. Public Hearing – 7:00 P.M., Brandon Santa – Requesting Site Plan Approval for a proposal to construct eight (8) shop warehouse buildings along with other associated site improvements to be located on a 7.46-acre parcel at 0 Lakeshore Road (SBL #: 150.00-1-6.2) ]

[00:15:07]

THIS IS IMPORTANT. THE ZONING CLASSIFICATION OF THIS SITE IS PROPER. IT IS ZONED M3 PURSUANT TO THE TOWN'S ZONING MAP. IF YOU LOOK AT THE ACTUAL SECTION OF THE CODE, IT DOES EXPRESSLY PERMIT USES PERMITTED IN THE UNDERLYING M2 ZONING CLASSIFICATION, INCLUDING THOSE WITH OUTDOOR STORAGE. AND THEN IF YOU LOOK AT THE FINAL BULLET POINT ON THIS SLIDE, M2 M2 ZONING ALLOWS CUSTOM SHOPS, INCLUDING BUT NOT LIMITED TO PRINTING, ELECTRICAL, HEATING, PLUMBING OR WOODWORKING, WOODWORKING SHOPS AND WAREHOUSES. SO OUR USE IS PERMITTED IN THE ZONING CODE. I WANT TO MAKE THAT CLEAR. WE'RE NOT PROPOSING TO CHANGE THE ZONING CLASSIFICATION OF THIS SITE. SEAN, STOP RIGHT THERE FOR ONE SECOND. I JUST WANT TO CLARIFY THIS BECAUSE THIS IS A BIG POINT OF CONTENTION. YOU SAID THERE'S TWO LOTS. THERE'S ACTUALLY THREE LOTS, AND WE'RE ONLY DOING ONE LOT. I WANT TO MAKE THAT VERY CLEAR. CAN EVERYBODY HEAR ME? THERE'S THERE'S THREE LOTS IN DISCUSSION. WE ARE TALKING ABOUT ONE LOT. THE OTHER TWO LOTS HAVE NOTHING TO DO WITH THIS PROJECT. WITH THE EXCEPTION OF WE WILL BE RUNNING A DRIVEWAY THROUGH THE 3401 PART. OKAY, YOU MAY PROCEED.

THANK YOU. I JUST WANTED TO CLARIFY THAT. SO ON FEBRUARY 23RD, WE DID MAKE AN UPDATED SUBMISSION. THIS WAS BASED ON INPUT AND DISCUSSION DURING THE PLANNING BOARD MEETING IN EARLY FEBRUARY. I WANT TO HIGHLIGHT THE CHANGES WE'VE MADE. AS THE CHAIRPERSON INDICATED IN THE INTRODUCTORY COMMENTS. NUMBER ONE, WE MODIFIED THE NUMBER OF BUILDINGS. ALL THESE BUILDINGS ARE, OF COURSE, SINGLE STOREY. WE REDUCED IT FROM EIGHT BUILDINGS ON THE PREVIOUS PLAN DOWN TO SIX BUILDINGS. NUMBER TWO, WE MADE SOME MODIFICATIONS IN TERMS OF EMERGENCY ACCESS.

SPECIFICALLY, A CONCEPT FIRE SERVICE WAS ADDED TO THE PLAN TO DEMONSTRATE HOW IT WILL CONNECT TO EXISTING WATER SUPPLY AND PROVIDE FIRE PROTECTION FOR THE PROJECT. AND IT DOES TALK ABOUT BOTH THE SIX INCH AND EIGHT INCH SERVICE. AND THEN THERE WILL BE TWO FIRE HYDRANTS AS WELL THAT ARE ACTUALLY SHOWN ON THE UPDATED SITE PLAN. WE'RE DOING ALL OF THAT TO ENSURE THAT WE COMPLY WITH WHAT'S KNOWN AS APPENDIX D OF THE NEW YORK STATE FIRE CODE, WHICH HAS VERY SPECIFIC INFORMATION IN TERMS OF ACCESS, DISTANCE FROM FIRE HYDRANTS,

[00:20:05]

ALL OF THESE BUILDINGS WILL BE FULLY SPRINKLERED PER THE FIRE CODE NUMBER THREE. BASED ON INPUT. WE DID EXTEND THE BERMS ALONG RUSH CREEK THE FULL LENGTH OF THE CREEK. WE ALSO PULLED THOSE BACK FROM THE CHAIN LINK FENCE, WHICH WAS PREVIOUSLY APPROVED. HAD NOTHING TO DO WITH THIS BOARD SO THAT IT'S BASICALLY TEN FEET AWAY FROM THE RESIDENTIAL PROPERTY OF THE ADJOINING NEIGHBORHOOD. THE REASON WE DID THAT IS ALLOWS US TO INSTALL LANDSCAPING ON THE SIDE OF THE RESIDENTIAL NEIGHBORHOOD. OBVIOUSLY, WE WE THINK THAT'LL BE MORE EFFECTIVE SCREENING THAN PUTTING IT ON THE INSIDE OF THE FENCE, WHICH WOULD BENEFIT US MORE THAN ANYONE ELSE. NUMBER FIVE, WE DID ADD A DIMENSION TO THE SITE PLAN TO SHOW THE NEAREST PROXIMITY TO THE CREEK BED, AND THAT'S AT 41.35FT. AND THEN FINALLY, AT YOUR REQUEST, WE DID PROVIDE AN UPDATED VERSION OF THE SITE PLAN WITH A COLOR AERIAL OVERLAY BACKGROUND, WHICH WE'LL SHOW YOU IN A SECOND. NEXT SLIDE, COPY OF THE SURVEY OF THE PROJECT SITE. AND AS A CHAIRPERSON INDICATED, WHAT WE'RE FOCUSING ON IS THAT LARGE PARCEL IN THE BACK, WHICH IS ZERO LAKESHORE ROAD. COPY OF THE CURRENT SITE PLAN. AND I DO WANT TO ILLUSTRATE A COUPLE OF THINGS. IN ADDITION TO THE REDUCTION OF BUILDINGS FROM 8 TO 6, WE'RE ALSO STILL SHOWING A 25 FOOT CONSERVATION AREA MEASURED FROM THE CENTER LINE OF RUSH CREEK, AND THERE WILL BE NO BUILDINGS WITHIN 100FT OF THE CENTER LINE OF RUSH CREEK, BOTH BASED ON INPUT PREVIOUSLY DISCUSSED OR THE UNDERLYING REQUIREMENTS IN THE ZONING CODE.

AND THAT UPDATED SITE PLAN IS DATED FEBRUARY 23RD OF THIS YEAR. NEXT SLIDE. THERE'S THE SAME VERSION OF THAT SITE PLAN SIMPLY LAID INTO AN AERIAL BACKGROUND. AND YOU CAN ACTUALLY SEE, ALTHOUGH IT'S TOUGH TO FOCUS FROM HERE, THE LOCATION OF THE FENCE AGAIN, THAT'S BEEN REVISED. SO IT'S TEN FOOT OFF THE RESIDENTIAL PROPERTY LINE OF THE ADJACENT PARCELS. NEXT SLIDE. WE ALSO DID SUBMIT UPDATED LANDSCAPE PLANS BASED ON INPUT WE RECEIVED. WE'RE FOCUSING THE LANDSCAPING AT TWO PARTICULAR POINTS HERE ALONG THE RUSH CREEK CORRIDOR. AND THEN OF COURSE ALONG THE BORDER OF THE RESIDENTIAL NEIGHBORHOOD. WE GO TO THE NEXT SLIDE. THIS IS A COPY OF THE PLAN THAT WAS SPECIFICALLY PREPARED TO SHOW WHAT WE'RE PROPOSING IN TERMS OF LANDSCAPING ALONG THE RESIDENTIAL BOUNDARY. WE ARE SHOWING EXTENSIVE PLANTINGS THERE, A MIXTURE OF BOTH EVERGREEN AND DECIDUOUS TREES AS WELL AS BUSHES AND SHRUBS. NEXT SLIDE. CAN I ASK A CLARIFYING QUESTION? THIS LANDSCAPING WHEN IT SAYS NORTH PROPERTY BOUNDARY? IS THIS ON THE PARCEL THAT WILL INCLUDE THE FENCE WHICH IS NORTH OF THE WOODLAWN SEWER DISTRICT? OR IS THIS ON ZERO LAKESHORE ROAD? NO, THIS IS ON THE PARCEL THAT INCLUDES THE FENCE. OKAY. THANK YOU FOR THE CLARIFICATION. AND AGAIN, THE REASON FOR THAT IS THAT'S HOW WE MAKE SURE THAT SCREENING PROVIDES BENEFIT TO THE ADJOINING NEIGHBORHOOD. NEXT SLIDE. THIS IS JUST A BLOWN UP COPY OF THE PLANTING SCHEDULE ON THAT PLAN. SO WE'RE SHOWING 28 DECIDUOUS TREES THREE DIFFERENT TYPES FIVE ORNAMENTAL TREES, 136 EVERGREEN TREES. BECAUSE THOSE PROVIDE THE MOST EFFECTIVE SCREENING FIVE DIFFERENT TYPES AND THEN 15 SHRUBS. SO WE'VE REALLY ENHANCED THE LANDSCAPING ALONG THE RESIDENTIAL BOUNDARY. NEXT SLIDE. HERE'S THE ELEVATION PLAN. I JUST WANT TO NOTE THAT WE ARE NOT GOING TALLER THAN WHAT WE PERMITTED IN ANY NEARBY RESIDENTIAL DISTRICT, AS MEASURED TO THE PEAK OF THESE BUILDINGS, IT WOULD BE 26FT. TEN INCHES WAS ACTUALLY LOWER THAN WOULD BE EXPRESSLY PERMITTED IN A RESIDENTIAL NEIGHBORHOOD. NEXT SLIDE. SO ONE OF THE TOPICS THAT'S IN FRONT OF YOU IS THE ENVIRONMENTAL REVIEW PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT, YOU PREVIOUSLY DID ADOPT A RESOLUTION SEEKING LEAD AGENCY STATUS FOR COORDINATED ENVIRONMENTAL REVIEW. WE HAVE PROVIDED A COMPLETED PART ONE OF WHAT'S KNOWN AS THE FULL ENVIRONMENTAL ASSESSMENT FORM, THAT HAS DETAILED INFORMATION REGARDING POTENTIAL IMPACTS. AND WE BELIEVE THAT YOU'RE IN A POSITION GOING FORWARD THAT YOU HAVE ENOUGH INFORMATION NOW THAT YOU CAN ENSURE YOURSELF THAT YOU'VE IDENTIFIED THE POTENTIAL ENVIRONMENTAL IMPACTS, THAT YOU CAN TAKE A HARD LOOK AT THOSE IMPACTS, AND THEN FINALLY ISSUE A SECRET DETERMINATION SUPPORTED BY A REASONED ELABORATION. NEXT SLIDE. SO I'M GOING TO GO VERY BRIEFLY THROUGH THE ENVIRONMENTAL DOCUMENTATION THAT WE'VE THE FIRST IS A LETTER THAT WAS ISSUED BY THE NEW YORK STATE OFFICE, HISTORIC NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION. THAT'S DATED MARCH 2ND OF THIS YEAR. AND BASICALLY, THEY'VE TAKEN A LOOK AT THIS IN TERMS OF ARCHEOLOGICAL, CULTURAL AND HISTORIC RESOURCES AND DETERMINED THAT THERE'S NO NEED FOR ADDITIONAL ANALYSIS. AND THAT'S PURSUANT TO WHAT'S KNOWN AS SECTION 1409 OF THE NEW YORK STATE HISTORIC PRESERVATION ACT. THE REASON WE HAD TO DO THAT IS

[00:25:05]

THE COPY OF THE JURISDICTIONAL DETERMINATION ISSUED BY THE UNITED STATES ARMY CORPS OF ENGINEERS DATED APRIL 11TH OF 2025, IN SIMILAR TO THE DEC'S DETERMINATION, THERE ARE NOT ANY JURISDICTIONAL WETLANDS SUBJECT TO FEDERAL JURISDICTION ON THIS SITE, AND ON THE RIGHT HAND SIDE IS A COPY OF THE INVESTIGATION AREA. SO BEFORE WE PROCEEDED WITH THIS PROJECT, BRANDON DID A LOT OF DUE DILIGENCE TO MAKE SURE THERE ARE NO WETLANDS ON THIS SITE.

THEREFORE, WE DO NOT NEED A WETLAND PERMIT FROM EITHER OF THOSE AGENCIES. AND ALL OF THAT DOCUMENTATION HAS BEEN PROVIDED TO THE TOWN. EXCUSE ME ONE SECOND. LIKE I SAID, THERE WILL BE NO OUTBURSTS DURING THIS MEETING. ANYBODY THAT DOES AND DOES NOT ALLOW ANYONE TO SPEAK WILL BE LEAVING THE ROOM. AND I'M NOT. I'M NOT KIDDING, I WANT TO I WANT TO HEAR EVERYBODY FAIRLY. PLEASE PROCEED. AND AGAIN, WHILE PEOPLE MAY DISAGREE WITH THAT, THAT IS DETERMINATIONS ISSUED BY AGAIN THE DEC, THE STATE AGENCY THAT HAS JURISDICTION OVER WETLANDS AND ALSO THE UNITED STATES ARMY CORPS OF ENGINEERS, WHICH HAS JURISDICTION OVER FEDERAL WETLANDS. THERE ARE ABSOLUTELY NO WETLANDS LOCATED ON THIS SITE. THEREFORE, PERMITS ARE NOT NEEDED FROM EITHER OF THOSE AGENCIES. NEXT SLIDE. SO WE DID RECEIVE A COPY RECENTLY OF THE MEMORANDUM OF THE CONSERVATION ADVISORY BOARD. WHILE I BELIEVE IT WAS DATED FEBRUARY 4TH, I BELIEVE THAT WAS PROBABLY MEANT TO BE FEBRUARY 24TH. WE WILL ADDRESS THOSE COMMENTS GOING FORWARD, AND WE DO HAVE A RESPONSE TO SOME OF THOSE COMMENTS AS WELL. NEXT SLIDE. SO WE PREPARED THIS SHORT SUMMARY OF A RESPONSE TO COMMENTS THAT WERE AWARE OF. TO DATE, WE HAVE NOT RESPONDED TO EVERY SINGLE COMMENT. INSTEAD, WHAT ANTHONY AND I DID WAS TRY AND GROUP THOSE INTO CATEGORIES. SO I'M GOING TO WALK THROUGH THOSE QUICKLY. WETLANDS. WE'VE ALREADY TALKED ABOUT NO WETLANDS ON THE PROJECT SITE, THEREFORE NO WETLAND PERMIT NEEDED. AND I ALSO WANT TO NOTE WE HAVE PROVIDED A COPY OF THE WETLAND DELINEATION REPORT THAT WAS PREPARED BY SCOTT LIVINGSTON, FORMERLY OF EARTH DIMENSIONS, DATED OCTOBER OCTOBER OF 2024. SO WE HAVE THREE SEPARATE DOCUMENTS A WETLAND DELINEATION REPORT, A JURISDICTIONAL DETERMINATION FROM THE ARMY CORPS OF ENGINEERS, AND A JURISDICTIONAL DETERMINATION ISSUED BY THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, STORMWATER MANAGEMENT AND FLOODING. AS IS THE CASE WITH ANY PROJECT THAT WILL RESULT IN MORE THAN ONE ACRE OF DISTURBANCE, WE WILL BE REQUIRED TO SUBMIT FULLY ENGINEERED PLANS DEMONSTRATING COMPLIANCE WITH BOTH THE STORMWATER QUALITY AND QUANTITY STANDARDS, INCLUDING, MOST IMPORTANTLY, THE NEED FOR OUR ONSITE STORMWATER MANAGEMENT SYSTEM TO HANDLE A HUNDRED YEAR STORM EVENT. WE'RE WELL AWARE OF THAT. CAN WE PAUSE RIGHT THERE? NOT TO PUT YOU ON THE SPOT, CAMI, BUT CAN YOU SPEAK TO WHEN PROJECTS ANYTHING RELATED TO STORMWATER AND DRAINAGE? HOW PROJECTS UNDER YOUR REVIEW HAVE TO ESSENTIALLY APPROVE THE AREA IN WHICH THEY'RE AFFECTING AND KIND OF JUST SPEAK TO THAT POINT, WHAT YOU'RE WHAT YOU'LL BE LOOKING AT UNDER YOUR REVIEW. OKAY, I CAN DO THAT. SO, CAMI, GERALD, I'M THE TOWN ENGINEER. CLOSER. HOW ABOUT THAT? OKAY. CAMI.

GERALD I'M THE TOWN ENGINEER. SO WHEN PROJECTS AND I'M GOING TO SPEAK TO THIS KIND OF GENERAL BECAUSE I THINK THAT'S THE BEST WAY TO UNDERSTAND KIND OF WHAT I GO THROUGH. IF A PROJECT IS APPROVED BY THE PLANNING BOARD, THE FULLY ENGINEERED PLANS, AND IN THE CASE OF ANYTHING AN ACRE OR GREATER, THE STORMWATER POLLUTION PREVENTION PLAN IS SUBMITTED TO TO OUR OFFICE AND WE DO A FULL REVIEW, ESPECIALLY TO MEET THE STATE STANDARDS. SO YOU CAN SEE THE NEW YORK STATE DEC IS REFERENCED SEVERAL TIMES IN THESE BULLET POINTS. AND WHAT IT IS IS TO DEVELOP A PROJECT OF THIS SIZE. YOU HAVE TO GET A STATE PERMIT FOR

[00:30:04]

NEXT SLIDE. CAN I ASK ANOTHER QUESTION. ABSOLUTELY. RELATED BACK TO THAT TRAFFIC STUDY POINT, I KNOW THERE'S BEEN A NUMBER OF PUBLIC COMMENTS. MR. SANTA, I KNOW YOU MIGHT NOT OBVIOUSLY HAVE TENANTS READY FOR FOR THIS PROJECT, BUT CAN YOU KIND OF SPEAK TO WHAT TYPE OF STORAGE WE'RE TALKING ABOUT? ARE WE TALKING, YOU KNOW, LANDSCAPING BUSINESSES? YOU KNOW, SOMEBODY'S STARING, YOU KNOW, THEIR MOWERS AND STUFF IN YOUR IN YOUR PROJECT. ARE WE TALKING HEAVIER INDUSTRIAL USES? I THINK ANSWERING THAT QUESTION MIGHT HELP, YOU KNOW, KIND OF SPEAK TO SOME OF THAT TRAFFIC, YOU KNOW, IMPACTS THAT THAT PEOPLE HAVE BEEN HAVING A CONCERN ABOUT. BRANDON. SANTA, I'M THE LANDOWNER, THE TYPE OF STORAGE WE'RE LOOKING TO GET IN THESE BUILDINGS IS, YOU KNOW, WE'RE LOOKING FOR LANDSCAPERS, PLUMBERS, ELECTRICIANS, FRAMING CONTRACTORS, CONCRETE CONTRACTORS. YOU KNOW, WE'RE LOOKING FOR, YOU KNOW, SMALL COMPANIES TO, YOU KNOW, USE THESE BUILDINGS FOR THEIR STORAGE, FOR THEIR TRUCKS, FOR THEIR EQUIPMENT, MATERIALS, ETC. THANK YOU. WE GO NOW TO THE NEXT SLIDE. JOSH. SO EMERGENCY INGRESS AND EGRESS AGAIN, I'VE ALREADY MENTIONED WHAT'S KNOWN AS APPENDIX D OF THE FIRE CODE. WE HAVE SHOWN THAT WE'RE GOING TO WIDEN THE EXISTING DRIVEWAY THAT CROSSES THE EXISTING HOUSE PROPERTY. THAT WILL PROVIDE PERMANENT EMERGENCY ACCESS TO THE BACK OF THE SITE, AS WELL AS TYPICAL VEHICULAR ACCESS. AND THERE ARE ALSO IS A RIGHT OF WAY FOR NELSON AVENUE THAT WORKS. SO WE ARE CONFIDENT THAT BASED ON OUR UPDATED PLAN THAT WAS SUBMITTED MOST RECENTLY IN LATE FEBRUARY, WE NOW DO COMPLY WITH APPENDIX D OF THE FIRE CODE. WE WERE ASKED TO PROVIDE A DRAFT OF A DECLARATION OF EASEMENTS. SO IF AT SOME POINT IN THE FUTURE BRANDON SOLD ONE OF THE PARCELS, THERE WOULD BE A PERMANENT ACCESS EASEMENT, NOT ONLY FOR ACCESS UTILITIES. ALL RELATED IMPROVEMENTS. I HAVE SUBMITTED A DRAFT OF THAT DECLARATION OF RESTRICTIONS, AND I WELCOME, OF COURSE, INPUT FROM THE TOWN ATTORNEY, THE PLANNING DEPARTMENT ON THE ENGINEERING DEPARTMENT. AND THEN FINALLY, WE'RE ALSO AWARE OF THE FACT

[00:35:01]

OKAY. THANK YOU. AT THIS POINT, THE BOARD'S NOT WE'LL GET TO THE BOARD, BUT I, I KNOW JOSH HAS GOT SEVERAL UPDATES FOR US, INCLUDING ALL OF THE REPORTS FROM THE VARIOUS AGENCIES. SO JOSH, TAKE IT AWAY. CORRECT. SO I'LL JUST KIND OF GIVE A BRIEF OVERVIEW OF THE SECRET PROCESS THAT MR. HOPKINS ARE RELATED TO. THE COORDINATED REVIEW PROCESS HAS TECHNICALLY ENDED. WHAT THAT MEANS IS I'VE SENT ALL THE MATERIALS, ALL THE SITE PLANS TO A NUMBER OF DIFFERENT AGENCIES THROUGHOUT THE STATE. THAT INCLUDES THE DOT. BECAUSE OF ROUTE FIVE BEING A STATE ROAD. WE SENT IT TO DEC FOR THEIR COMMENT. WE ALSO SENT IT TO THE COUNTY THROUGH A COUNTY REFERRAL. TO DATE, WHAT WE'VE RECEIVED IS MR. HOPKINS SHOWED THE LETTER FROM DEC. WE HAVE GOTTEN COMMENTS BACK FROM ERIE COUNTY. THEY SAID THAT THIS PROJECT WAS OF LOCAL CONCERN AND THEY DIDN'T HAVE ANY FURTHER COMMENTS. ONE OF THE THINGS THAT WE ARE STILL WAITING ON ARE COMMENTS FROM DOT. THEY DID COMMENT ON MONDAY OF THIS WEEK. THEY DID CONCUR TO THE PLANNING BOARD BEING LEAD AGENCY, BUT THEY DID REQUEST ADDITIONAL TIME TO REVIEW THE UPDATED SITE PLAN FOR THEM TO PROVIDE COMMENTS. SO AT THIS TIME, JOSH, HANG ON ONE SECOND. WE HAVE A ROOM FULL OF PEOPLE THAT PROBABLY DON'T DO THIS ON A REGULAR BASIS.

THEY PROBABLY HAVE PROFESSIONS IN OTHER AREAS. SO CAN WE HELP THEM OUT WITH THE AKERMAN'S, THE DOT, THE THE CAN WE JUST LET THEM KNOW WHAT THAT WHAT WE'RE TALKING ABOUT? SURE. DEC IS DEPARTMENT OF ENVIRONMENTAL CONSERVATION DOT IS DEPARTMENT OF TRANSPORTATION AND THEY'RE BOTH STATE AGENCIES. THANK YOU. IN RELATION TO THAT WE HAVEN'T GOTTEN FULL COMMENTS YET FROM DOT. THEY DID A REQUEST AN EXTENSION. SO WE DO ANTICIPATE RECEIVING SOME COMMENTS OVER THE NEXT COUPLE OF WEEKS. AND THAT'S KIND OF CONCLUDES THE COORDINATED REVIEW PORTION.

THERE ARE NO OTHER STATE AGENCIES THAT WE'RE WAITING ON. WE DID GET COMMENT FROM WOODLAWN FIRE COMPANY, WHICH I DID FORWARD ON TO THE APPLICANT AND HAS BEEN SHARED WITH THE BOARD. TO MAKE SHORT SUMMARY, THE FIRE COMPANY DID ASK ABOUT THE SIZE OF THE WATER LINES OF THE HYDRANTS, AND I KNOW THE APPLICANT. I'M SURE EITHER IN THEIR REPORT AFTERWARDS WILL RESPOND TO THOSE THOSE COMMENTS. AND THEN OBVIOUSLY I JUST WANT TO MAKE MAKE IT KNOWN THAT I'VE OBVIOUSLY RECEIVED A NUMBER OF PUBLIC COMMENTS ON THIS PROJECT, A NUMBER OF PHONE CALLS, I CAN ASSURE EVERY PHONE CALL AND EVERY EMAIL THAT HAS BEEN SENT HAS BEEN SHARED IN OUR PUBLIC CORRESPONDENCE FOLDER AND HAS BEEN SHARED WITH THE PLANNING BOARD ALONG THE WAY. I KNOW THEY'VE TAKEN THE TIME TO REVIEW IT. I'VE TAKEN THE TIME TO REVIEW IT. I DO ENCOURAGE PEOPLE, EVEN AFTER THE PUBLIC HEARING IS CLOSED TONIGHT, THAT THEY ARE ABLE TO CONTINUE TO SEND COMMENTS TO MY EMAIL, WHICH IS ON THE TOWN WEBSITE. SO I DON'T WANT PEOPLE TO FEEL LIKE IF THEY WEREN'T ABLE TO ATTEND THIS PUBLIC HEARING TONIGHT, THAT THAT, YOU KNOW, YOUR WORDS WON'T BE TAKEN INTO ACCOUNT. EVERYTHING THAT YOU SEND TO ME DOES GET SENT ON TO THE PLANNING BOARD FOR THEIR REVIEW. OTHER THAN THAT, I THINK THAT KIND OF KNOW WE GOT A COUPLE OF OTHER THINGS. SO THE LETTER THAT WE RECEIVED THIS AFTERNOON ABOUT THE ZONING.

OH, SO THERE WE DID GET A COMMENT LETTER FROM A RESIDENT WHO I BELIEVE WENT TO THE ZONING BOARD MEETING FROM WHEN THE APPLICANT WAS LOOKING TO GET A FENCE ON THE LAKESHORE PROPERTY BACK IN 2024. THEY DID SAY THAT HIS HOME AT 3401 LAKESHORE WAS ZONED MULTI-FAMILY RESIDENTIAL. IT'S ZONED M3 GENERAL INDUSTRIAL. SO I JUST WANT TO MAKE SURE THAT THAT'S CLEARED UP. THERE'S NO THERE'S NO CONFUSION ON THAT. HIS HOME AND 3401 LAKESHORE HAS BEEN ZONED M3. I ALSO WANT TO JUST VERY QUICKLY SPEAK TO THE FENCE PIECE. I KNOW WE'RE NOT FOCUSED ON THE FENCE PIECE, BUT I HAVE GOTTEN A LOT OF COMMENTS ABOUT PEOPLE HAVE REVIEWED THE CODE AND HAVE ASKED ABOUT THE 75 FOOT SETBACK IN M3. THAT SETBACK IS IF M3 IS ABUTTING R3.

SO JUST TO GIVE AN EXAMPLE, THE PARCEL THAT I'M TALKING ABOUT THAT'S GOING TO HAVE THE TEN FOOT FENCE THAT MR. SANTO OWNS THAT HE BOUGHT FROM RP OAKHILL, THAT SPECIFIC PARCEL ABUTS R3.

THAT'S WHERE, YOU KNOW, IF HE WAS BUILDING A BUILDING, THAT WOULD BE A 75 SETBACK FOR LAKESHORE ROAD. ITS NORTHERN BOUNDARY IS TECHNICALLY ANOTHER M3 PARCEL. SO BECAUSE OF THAT, THE REAR YARD SETBACK IS ONLY TEN FEET. SO THE BUILDINGS DO NOT HAVE TO BE 75FT BACK FOR LAKESHORE ROAD. I JUST WANT TO MAKE SURE THAT THAT'S CLEARED UP, BECAUSE I KNOW I'VE GOTTEN A NUMBER OF COMMENTS ABOUT THAT. 272 AND THEN THERE WAS A COMMENT ABOUT CHAPTER 272, WHICH IS OUR LOCAL WETLANDS LAW. THERE HAVE BEEN SOME COMMENTS ABOUT, YOU KNOW, SOME OF THE REQUIREMENTS AND DEVELOPMENT OF THAT CODE, BECAUSE WE HAVE GOTTEN THE TWO JURISDICTIONAL LETTERS FROM DEC AND FROM ARMY CORPS. WE ALSO DID GET A COPY OF THE ACTUAL WETLAND REPORT

[00:40:01]

OBVIOUSLY, IF THEY'RE HERE TONIGHT, IF THERE'S A REPRESENTATIVE TO SPEAK ON BEHALF OF THE CAB SPECIFICALLY, THEN I THINK WE'LL GIVE THEM THE OPPORTUNITY TO DO SO. BUT I THINK THAT ENCAPSULATES THE CAVS MEMO, AND I DON'T KNOW IF I'M MISSING ANYTHING ELSE, BUT I THINK THOSE ARE I THINK THOSE ARE ALL THE IMPACTS, AT LEAST FOR NOW. ANYTHING ELSE I'LL ADDRESS IT AT THE END OF THE PUBLIC HEARING. OKAY. THANK YOU. IS THERE SOMEONE HERE FROM CAB TO ADD ADDITIONAL COMMENTS TO THE. DO YOU HAVE SOMETHING ADDITIONAL TO THE TO THE REPORT THAT YOU GUYS SUBMITTED? I'M PLANNING ON SLEEPING, SO I'LL MENTION IT THEN. I DON'T I'M NOT ALLOWING THE IF YOU WANT TO SPEAK, YOU'RE GOING TO IF YOU'RE SPEAKING ON BEHALF OF CAB, I WOULD LIKE YOU TO SPEAK AS AT THIS PORTION, NOT AS PART OF THE PUBLIC HEARING. I DON'T WANT TO TAKE ANY TIME AWAY FROM THE RESIDENTS. THREE MINUTES. YOU'RE YOU'RE AN AGENCY. YOU'RE A AN ADVISORY ADVISORY. SO YOU DON'T GET A TIME LIMIT. BUT I WILL BE KNOW. FIRST OF ALL, I WANT YOU TO USE THE MICROPHONE AND WHAT I WOULD LIKE YOU TO DO IN LIGHT OF THE FACT THAT THERE'S A TIME LIMIT TONIGHT, BECAUSE WE CAN ONLY BE HERE TILL 10:00, IS ADD YOUR ADDITIONAL COMMENTS TO THE REPORT THAT YOU ALREADY GAVE TO THE SEVEN MEMBERS ON THIS BOARD, PLUS THE APPLICANT, PLUS THE PLANNING DEPARTMENT. HERE'S WHAT I'M GOING TO SAY. OKAY. IN CASE I RUN OUT OF TIME, I WANT TO SAY THAT THE CONSERVATION ADVISORY BOARD MAY SUGGEST THAT PLANNING BOARDS CONSIDER REQUESTING AN ENVIRONMENTAL IMPACT STUDY ON A PROJECT, INSTEAD OF SUGGESTING MITIGATIONS. AT THE MARCH 3RD, 2026 CONSERVATION ADVISORY BOARD MEETING, MEMBERS VOTED TO SUGGEST AN ENVIRONMENTAL IMPACT STUDY ON AND THE THE ADDRESS OF THE. THE LOCATION HAS ALWAYS BEEN A LITTLE BIT CONFUSING. IS IT ZERO OR IS IT 3401. SO WE WROTE DOWN 03401 THINKING THAT WAS THE CORRECT ONE. THAT'S MY PHONE. SO WE VOTED TO RESUBMIT OUR CONSERVATION ADVISORY BOARD MEMO WITH THE ADDITIONAL SUGGESTION OF AN ENVIRONMENTAL IMPACT STATEMENT. THAT IS WHAT WE ARE SUGGESTING. INSTEAD OF MITIGATIONS AS PREVIOUSLY WERE TALKED ABOUT. NOW, WE DID FIND SIX POTENTIAL ENVIRONMENTAL IMPACTS. AND I JUST WANT TO MENTION THE PART ABOUT THE WETLANDS. THE WETLANDS ARE MENTIONED IN NUMEROUS MAPS. WE WORK OFF OF OUR MAPS TO TRY TO FIGURE OUT IF IT'S A WETLAND OR IF IT'S NOT A WETLAND, AND ON NUMEROUS MAPS IN COURT, INCLUDING THE ONE FROM WENDELL, WHICH JOSH IS EMPLOYED BY WENDELL, IT. LEONA, HANG ON ONE SECOND. WHEN YOU TURN AWAY, WE CAN'T HEAR YOU, OKAY? YOU NEED TO ADDRESS IT TO US AND TALK INTO THE BIKE, PLEASE. OKAY. THEY CAN HEAR YOU WHEN YOU TALK IN THE MIC. YOU DON'T HAVE TO FACE THEM. THE PROPERTY ON THE MAPS, BOTH FROM THE STATE AND THE WENDELL. IT IS IDENTIFIED AS A WETLAND. SO SINCE WE WERE UNABLE TO ACCESS THE SITE ON FOOT, WE WERE CONVINCED THAT IT WAS A WETLAND. IT HAS BEEN IDENTIFIED AS SUCH FOR YEARS.

OUR MAIN THING OR I'M GOING TO START WITH THIS ONE. WE REVIEWED THE SEEKER FORM AND WE FOUND THAT THERE WERE NUMEROUS POTENTIAL IMPACTS, WHICH I HOPE YOU WILL CONSIDER AS A PLANNING

[00:45:01]

[00:50:06]

SO WHEN WE COME ONTO PROPERTY, WE IDENTIFY OURSELVES. WE WILL NOT ENGAGE IN A CONVERSATION WITH YOU. WE'RE NOT ALLOWED TO. I DID FIVE HOURS OF OPEN MEETINGS STUDYING THIS WEEKEND, AND BELIEVE ME, I'M NOT GOING TO ASK YOU. I CAN ASK QUESTIONS, BUT I'M MOSTLY SUPPOSED TO ABSORB. AND THAT'S ALL OF US BOARD MEMBERS. AND I WOULD EXPECT THE CAB TO BE RESPECTFUL.

[00:55:02]

MR. CLARK, FOLLOW UP ON YOUR COMMENT. WE JUST MEASURED IT ON THE GIS. IT'S 240FT BY THE GIS.

OKAY, OKAY. ALL RIGHT. THANK YOU. YOU'RE WELCOME. THOSE ARE ALL THAT I HAVE RIGHT NOW.

MEMBER STEWART, MEMBER STEWART, I JUST HAVE A QUESTION. WILL THERE BE ANY STIPULATIONS ON YOU SAID YOU DON'T KNOW YOU'RE GOING TO PUT THE MIC BACK UP. SORRY. WHAT? THE CONTRACTORS CAN AND CANNOT STORE, SUCH AS HAZARDOUS MATERIAL. YOU SAID YOU DON'T REALLY KNOW WHO THE CONTRACTORS MAY BE AS OF YET. I WOULD LIKE TO SEE SOMETHING WRITTEN TO WHERE, LET'S SAY, A POTENTIAL SPILL THAT, YOU KNOW, ONE OF THE CONTRACTORS MAY HAVE IN ONE OF YOUR BUILDINGS THAT IT DOESN'T POTENTIALLY HAVE ANY EFFECT ON LEAKING OUT INTO THE REST CREEK, OR MR. STEWART, WE COULD CERTAINLY PROVIDE YOU WITH AN OVERVIEW OF HOW THEY'LL BE REGULATED. OBVIOUSLY, EACH AND EVERY TENANT WILL BE REQUIRED TO SIGN A LEASE. AND AS THE LANDLORD, BRANDON OBVIOUSLY WANTS TO PROTECT HIS PROPERTY AS WELL. SO WE'RE ALL ALIGNED WITH RESPECT TO THAT COMMENT. OKAY. ALSO, TO THAT POINT, MEMBER STEWART, I THINK SHOULD THIS PROJECT GET TO THE SITE PLAN APPROVAL STAGE, WE ALSO CAN LAY A NUMBER OF CONDITIONS. I KNOW I SPOKE WITH THE ENGINEERING TEAM WHERE THEY WOULD BE AMENABLE TO HAVING SOME SORT OF CONDITIONS WHERE CERTAIN USES OR CERTAIN STORAGE WOULDN'T BE ALLOWED IN THIS IN SOME OF THE BUILDINGS. SO THAT'S SOMETHING. IF IT GETS TO THAT POINT, WE COULD WORK ON LANGUAGE LIKE THAT AS WELL.

OKAY. AND WE'VE DONE THAT IN THE PAST. ON OTHER PROJECTS IN HAMBURG, ARE THERE ANY OTHER BOARD MEMBERS THAT HAVE ANY OTHER COMMENTS AT THIS TIME? NOT AT THIS TIME. CHAIR I HAVE ONE JUST ONE QUICK QUESTION. BOARD MEMBER INSURANCE ON THE PROPERTY BY THE INDIVIDUAL RENTERS. ARE THEY GOING TO BE REQUIRED TO CARRY THEIR OWN LIABILITY INSURANCE? ABSOLUTELY.

WE'LL BE REQUIRED TO CARRY THEIR OWN LIABILITY INSURANCE AND INSURANCE ON WHATEVER PROPERTY THEY HAVE ON SITE. OKAY. THANK YOU. YOU'RE WELCOME. SO I'LL GO LAST IN LIGHT OF MY FIVE HOUR TRAINING OF OPEN MEETINGS LAW, I AM OBLIGATED TO TELL YOU ABOUT A CONVERSATION THAT I HAD IN THIS ROOM AFTER THE LAST MEETING WITH THE WOODLAWN SEWER DEPARTMENT, AND THEY SHARED WITH ME. NOW, I'M JUST GOING TO TELL YOU WHAT THEY SAID TO ME. I DON'T HAVE ANY PROOF. I DIDN'T, YOU KNOW, I JUST LISTENED. THEY SAID TO ME THAT YOU'VE THAT THE APPLICANT WENT AND CUT TREES DOWN ON THEIR PART OF THE PROPERTY WITHOUT PERMISSION AND THAT THEIR BIGGEST CONCERN. AND WE DID GET CORRESPONDENCE, AND I'M SURE YOU SAW IT AS WELL, IS THAT YOUR HEAVY EQUIPMENT IS ENTERING IN ON THE SEWER LINE, AND THEY'RE VERY CONCERNED ABOUT THAT, THAT THERE COULD BE DAMAGE TO THE SEWER LINE. HOLD THAT THOUGHT. I'M NOT WAITING FOR I'M NOT LOOKING FOR A COMMENT AT THIS POINT. I WOULD LIKE THAT ADDRESSED WHEN YOU DO YOUR OTHER COMMENTS. MY OTHER CONCERN AND QUESTION AT THIS POINT, AND THIS WILL BE FOOD TO THINK ABOUT, IS THAT THERE'S ANOTHER PAPER ROAD CALLED BEAM ROAD, AND I FOUND IT INTERESTING THAT THE FENCE ENDED RIGHT AT BEAM ROAD. SO I ON THAT PIECE OF PROPERTY THAT WE'RE NOT TALKING ABOUT, BUT AGAIN, WITH EVERYTHING SO ESCALATED, I DON'T WANT TO USE HEATED, I WANT TO USE THE WORD ESCALATED. I WANT TO MAKE SURE THAT AT NO POINT IN TIME WILL THE PEOPLE THAT ARE ON THIS ZERO LAKESHORE DRIVE WILL BE USING THAT ENTRANCE OFF OF NELSON ROAD TO ONTO BEAM ROAD TO ENTER INTO THIS PROJECT. YEAH, JUST REAL QUICK. THE FENCE DOES NOT END AT BEAM ROAD. IT GOES CLEAR ACROSS BEAM ROAD. THE LANDSCAPING STOPS, THERE'S A GAP IN THE LANDSCAPING, BUT THE FENCE IS CONTINUOUS. OKAY, WELL, NOT ON THE OTHER MAP I LOOKED AT. I SEE THIS ONE, YES, BUT I DIDN'T. WHEN I WAS LOOKING AT THE OTHER ONE, I THINK I SHARED THAT WITH SOMEBODY THAT IT WAS IT. I DIDN'T SEE IT GO ACROSS. OKAY.

BUT YEAH. JUST TO CLARIFY. YES, IT SO THERE WON'T BE ANY DRIVING ONTO THE PROPERTY AND CROSSING ANY KIND OF OF SEWER EASEMENT OR ANYTHING LIKE THAT. CORRECT. OKAY. ALL RIGHT. AND AGAIN THAT IF ULTIMATELY YOU DECIDE TO IMPOSE THAT AS A CONDITION, WE'RE FINE WITH THAT.

WELL WE'RE GOING TO HAVE A 16 PAGE CONDITION OKAY. YEAH. WE'RE LOOKING TO GET TO THE PUBLIC HEARING. ONE FINAL QUESTION FOR MYSELF. I KNOW I JUST WANT TO MAKE SURE THAT I'M ACCURATE. I BELIEVE AT A PREVIOUS MEETING, THE BOARD TALKED ABOUT FOR THE LANDSCAPING COMPONENT THAT THERE WAS GOING TO BE LANDSCAPING ON THE OTHER PARCEL, THE ONE THAT WE'RE NOT TALKING ABOUT. RIGHT. BUT THEN I BELIEVE AND CORRECT ME IF I'M

[01:00:02]

THAT'S OKAY. WE'VE BEEN PLAYING TAG TEAM, BUT AGAIN, YOU DON'T HAVE TO ANSWER THAT NOW. BUT SINCE MY WONDERFUL PLANNER BROUGHT IT UP AND AND JOGGED MY MEMORY AND I AND I WOULD LIKE TO SAVE THIS FOR LATER, BUT I WILL GIVE YOU GUYS SOME TO THINK ABOUT. THERE IS NO LANDSCAPING BEHIND THOSE BUILDINGS. I DO APPRECIATE, AS I'M SURE THAT THE OTHER MEMBERS DO, APPRECIATE, THAT YOU DID A REDUCTION IN THE SQUARE FOOTAGE. I DO APPRECIATE THAT YOU WENT THROUGH THE CREEK AND ADDED THE BUFFERING. I DO APPRECIATE THAT YOU LISTENED TO THE CONCERNS OF THIS BOARD AND TOOK INTO A LOT OF IT. THERE'S STILL SOME MAJOR CONCERNS, AND WE'RE GOING TO HEAR MORE OF IT TONIGHT ONCE WE GET THE PUBLIC HEARING STARTED. SO THE THING THAT I THINK IS THAT THESE BUILDINGS, SOMEHOW THERE SHOULD BE LANDSCAPING ON THE PROJECT BEHIND THOSE BUILDINGS AND, AND I AND MY SUGGESTION WOULD BE TO REDUCE THE BUILDING EVEN MORE. AND THE REASON I SAY THAT IS BECAUSE IF YOU DID A DIFFERENT LAYOUT, THE LANDSCAPING WOULD FIT. I KNOW THAT YOU THINK THE LANDSCAPING ON THE PROPERTY THAT WE'RE NOT TALKING ABOUT THE NO NAME LOT.

FROM NOW WE'RE GOING TO NICKNAME IT SOMETHING. IT DOES NOT COUNT FOR THE LANDSCAPING ON THIS PROJECT, AND IN THE PAST, THIS BOARD HAS LOOKED AT STORAGE BUILDINGS THAT HAVE BECOME SOMEWHAT OF AN EYESORE BECAUSE THEY DIDN'T LOOK AT THE LANDSCAPING. WE HAVE A RESIDENTIAL SECTION IN HERE, AND I WOULD LIKE TO MAKE IT, AS I PERSONALLY THINK, AS A PLANNING BOARD MEMBER, THAT THIS LOT SHOULD BE AS ATTRACTIVE AS POSSIBLE. AND THAT INCLUDES LANDSCAPING. SO AGAIN, YOU DON'T HAVE TO COMMENT NOW BECAUSE WE'VE GOT THE, YOU KNOW, WE'VE GOT A ROOM FULL OF PEOPLE AND WE'RE GOING TO MOVE ON WITH THE PUBLIC HEARING. BUT I WOULD LIKE YOU TO PUT THAT IN YOUR LIST OF THINGS TO THINK ABOUT. OKAY.

FAIR ENOUGH. SO IF THERE'S NOTHING FURTHER, FINALLY, THERE IS SOMETHING FURTHER. OKAY.

ATTORNEY GOGAN AND I DIDN'T GET A CHANCE TO DO THIS BEFORE, AND SO I'M. I APOLOGIZE FOR BACKTRACKING ON THIS. THIS HAS TO DO WITH THE STATEMENT BY THE CHAIR CONCERNING PERMITS FOR THE FENCE AND TREE REMOVAL. MY UNDERSTANDING AGAIN, THIS IS INFORMATION AND BELIEF. I HAVEN'T SEEN THE PERMITS. MY UNDERSTANDING IS THAT IT WAS JUST A PERMIT FOR THE FENCE, THAT ANY TREE REMOVAL WAS AUTHORIZED AS A MATTER PERMITTED BY RIGHT SECTION 243 FIVE, WHICH SETS A NUMBER OF TREES THAT CAN BE REMOVED AS A MATTER OF RIGHT. THE LETTER I'M SORRY, THE LETTER I READ. THAT WAS WHAT MY WORDING THAT WAS JUST THE ORDINANCE OFFICER FROM HIS LETTER. AND I SAID AGAIN, OKAY, THAT WAS MY UNDERSTANDING WHAT THAT WAS, THAT THE PERMIT WAS SIMPLY FOR THE FENCE AND THAT THE TREE REMOVAL WAS NOT PART OF A TREE REMOVAL PERMIT.

THAT WAS JUST MY UNDERSTANDING. SO I DON'T I DON'T KNOW, I'M NOT PRIVY TO THAT EMAIL. MY UNDERSTANDING WAS THAT IT WAS. DISCUSSED, BUT WAS DONE AS A AS A MATTER OF RIGHT. SO THAT MAY NEED TO BE INVESTIGATED FURTHER. I DON'T KNOW IF TWO PERMITS WERE ISSUED OR JUST ONE FOR THE FENCE. I THINK PERMISSION, BASED ON THE CONVERSATION THAT WE HAD ON FRIDAY, WAS THAT THERE WAS THEY CAME IN, THEY THEY WENT OUT AND LOOKED AT IT AND MY UNDERSTANDING WAS PERMISSION WAS GRANTED TO REMOVE THE TREES SO THE FENCE COULD BE PUT UP. AND THAT WAS PART OF THE PERMIT PROCESS. WHAT CAME FIRST OR HOW MANY PERMITS? THIS LETTER DOES NOT INDICATE THAT, NOR, TO BE HONEST WITH YOU, I DIDN'T ASK AT THE TIME. FROM MY UNDERSTANDING, A FENCE PERMIT HAS BEEN GRANTED TO THE APPLICANT, AND THEN THE APPLICANT APPROACHED CODE ENFORCEMENT ABOUT WHAT ATTORNEY GOGAN SAID ABOUT A MATTER OF RIGHT. SO NOT REQUIRING A PERMIT TO TAKE DOWN TEN TREES OR LESS IS HOW THE CODE READS.

AND I THINK YOU'RE TAKING DOWN 7 OR 9 OR WHATEVER THE NUMBER SEVEN TREES. SO THAT IS, FROM MY UNDERSTANDING, WITH OUR LAST CONVERSATION WITH CODE ENFORCEMENT. RIGHT. AND FROM THE PROJECT SPONSOR'S PERSPECTIVE, THAT'S CORRECT, BECAUSE TEN OR MORE TREES WEREN'T REMOVED, A TREE REMOVAL PERMIT WAS NOT REQUIRED. I THINK THAT I WON'T BELABOR IT, BUT I JUST THINK THAT CODE WAS LIKE, YOU KNOW, THE THE APPLICANT DID GO IN, HAD A CONVERSATION TO MAKE SURE THAT HE WAS DOING IT THE RIGHT WAY. THAT'S WHAT I GOT FROM THE GIST FROM THIS EMAIL. THAT'S CORRECT. OKAY. THANK YOU. ANYTHING ELSE? I HOPE NOT, NO. I'M KIDDING.

ANYTHING ELSE? OKAY. NOW YOU GET TO READ THE PUBLIC HEARING NOTICE. MEMBER GERACI. OKAY.

LEGAL NOTICE. TOWN OF HAMBURG PLANNING BOARD SITE PLAN. APPROVAL NOTICE IS HEREBY GIVEN THAT THE TOWN OF HAMBURG PLANNING BOARD WILL CONDUCT A PUBLIC HEARING ON A PROPOSAL FOR THE CONSTRUCTION OF AN EIGHT SHOP WAREHOUSE BUILDINGS, ALONG WITH OTHER ASSOCIATED SITE IMPROVEMENTS, TO BE LOCATED ON A 7.446 ACRE PARCEL AT ZERO LAKESHORE ROAD, SBL

[01:05:09]

THANK YOU. IN ORDER FOR THE HEARING, IN ORDER TO BE TO HEAR ALL RESIDENTS AT A REASONABLE HOUR, A THREE MINUTE RULE WILL APPLY. A PUBLIC HEARING IS AN OPPORTUNITY FOR THE COMMUNITY TO SHARE INFORMATION ON HOW THEY ARE IMPACTED BY THE PROJECT. IT IS NOT A QUESTION AND ANSWER PERIOD. IT IS NOT A QUESTION AND ANSWER PERIOD. I CAN'T STRESS THAT ENOUGH. ALL STATEMENT MADE DURING THE HEARING, AS WELL AS WRITTEN CORRESPONDENCE, WILL BE THAT ARE SENT TO THE PLANNING BOARD, AS WELL AS THE APPLICANT WILL BE RESPONDED TO. IT MAY NOT BE TONIGHT BASED ON THE NUMBER OF PEOPLE. I HAVE 14 PEOPLE THAT HAVE SIGNED UP AT THIS POINT. I KNOW PEOPLE CAME IN. ARE THERE ANY OTHER NAMES TO BE ADDED? THE LAST PERSON WAS KERRY MEYER.

THAT AND LEONA ARE YOU? I'D LIKE TO BE ADDED. WHAT IS YOUR NAME? MICHAEL. SPELL YOUR FIRST LETTER. LAST NAME W I L MIDDLE INITIAL P. LEONA. DID YOU STILL WANT TO SPEAK AS A RESIDENT? YES. I'D LIKE TO ADD SOMETHING ELSE. NOT AS THE CAB, BUT AS A RESIDENT. NO YOU CAN'T, NOT IN A PUBLIC HEARING. I'M SORRY. THAT'S WHY I'M. OKAY. IS THERE ANYONE ELSE? AMY WANDEL E L U N D E L L. ANYONE ELSE? CHRISTOPHER SARACINO. CHRIS, SPELL YOUR LAST NAME FOR ME, PLEASE. ANYONE ELSE? YES. JOANNE. WARREN. ANYONE ELSE? OKAY, SO LET'S GET GOING. OUR FIRST PERSON AGAIN. THREE MINUTES. WE'VE GOT OUR TIMER READY. BETH. AND PLEASE FORGIVE ME, BUT IT'S C A L I G I KIND OF WANT TO GO FIRST IF NOBODY HAS ANY. NO, NO. ALL RIGHT, ALL RIGHT, MICHAEL WILBERT. YES, MA'AM. AND IT'S JERRY, SO. OKAY. I GOT THREE MINUTES BEFORE YOU START TALKING. GET UP TO THE MIC, PLEASE. YEAH. CAN EVERYBODY HEAR ME? I'M PRETTY LOUD TO BEGIN WITH, ALL RIGHT? I'M NOT. I'M JUST MR. MR. WILBUR, YOU HAVE TO FOLLOW THE PROCEDURE, PLEASE. OKAY. THIS MEETING IS BEING RECORDED. YOU NEED TO TALK INTO THE INTO THE MICROPHONE, STATE YOUR NAME, SPELL IT AND PLEASE, AND WE'LL START THE TIME. GO AHEAD. MY NAME IS MICHAEL PAUL WILBERT. I LIVE AT 3693 MILE STRIP ROAD. I'M HERE ON BEHALF OF WOODLAWN.

WOODLAWN UNITED. I MEAN, IF THIS PRESENCE DOESN'T SHOW WHAT FORCE AND WHAT DISRESPECT THE COMMUNITY HAS RECEIVED FROM MR. SANTA WITH UNDERDOG CONSTRUCTION, I DON'T KNOW WHAT ELSE DOES. THE LETTER YOU GUYS RECEIVED TODAY WAS FROM MY MOTHER, WHO WORKED FOR THE ZONING BOARD, LIZ WILBERT OF GRAND ISLAND, ALSO WORKED FOR THE TOWN SUPERVISOR, AND THAT THE FACT THAT HE'S STILL CUTTING TREES AS OF YESTERDAY ON THE SEWER LINE IS BLOWING MY MIND. ALL RIGHT. AND YOU HAVE ALL THESE QUESTIONS, AND THERE'S NOTHING SOLID. HE THINKS HE'S THE ONLY ONE WITH LAWYERS. I OWN FOUR LLCS, TWO OUT OF MY HOME RESIDENTS IN WOODLAWN, HAMBURG, WHERE I PAY TAXES. JUST THAT THEY'RE GOING TO BRING UP A LOT OF BROWNFIELD, A LOT OF POLLUTION, A LOT OF LIKE, YOU KNOW, THE STUFF YOU'RE GOING TO HEAR OVER AND OVER. I JUST WANT TO MAKE IT CLEAR THAT THERE'S A LOT OF LEGAL THINGS THAT HE HAS DONE WRONG. HE HAS NOT FILED THE PROPER PERMITS, HAS NOTHING BUT DISRESPECT FOR THE TOWN OF HAMBURG, THE LAW, THE COMMUNITY AND INDIVIDUALS. HE'S PERSONALLY TRIED TO ATTACK AND FIGHT ME TWICE AND THREATEN MY NEIGHBOR'S LIFE. THAT IS ON FILE AND WE'RE NOT STANDING FOR ANYMORE. OKAY, MR. WILBUR, MR. WILBUR. YES, MA'AM. I'M NOT A COURT OF LAW. THIS IS THE PLANNING BOARD. SO IF YOU. I WASN'T ASKING QUESTIONS, I'M STATING FACTS. I KNOW YOU'RE NOT ASKING QUESTIONS, BUT IF YOU HAVE SOMETHING THAT PERTAINS TO THIS PARTICULAR CASE, IF YOU HAVE A LEGAL ISSUE WITH THE APPLICANT, THEN THAT'S SENT YOU A TWO PAGE. OKAY, WE GOT IT AND WE READ IT. BUT WHAT AM I TRYING TO TELL YOU IS THAT I NEED TO HEAR WHAT HOW YOU ARE AFFECTED BY THIS PARTICULAR PROJECT. OH, BESIDES, FOR THE ENVIRONMENTAL TERRORISTS THAT

[01:10:05]

THIS HAS NOT HAPPENED AND AS SUCH THE PROPOSED PUBLIC HEARING CANNOT TAKE PLACE. IN ADDITION TO THE 225 PETITIONERS, THE THOUSANDS OF MOTORISTS DESERVE THE OPPORTUNITY.

ACTUALLY, THE REQUIREMENT OF NOTICE FOR THIS PROPOSED PROJECT. I DO NOT SEE A SIGN I LIVE THERE, THERE IS NO SIGNS AVAILABLE AND IT SHOULD BE RIGHT IN FRONT OF THE PROPERTY.

WHATEVER PARCEL THAT YOU WANT TO REGARD OUT OF THE THREE TWO THAT WE'RE NOT TALKING OF. THAT NOTICE HAS NOT TAKEN PLACE. AND AS SUCH THIS PUBLIC HEARING SHOULDN'T TAKE PLACE. BUT HERE WE ARE. NUMBER TWO, HAMBURG TOWN CODE SECTION 243 FOUR EXPLICITLY STATES IT SHALL BE UNLAWFUL TO CONDUCT, DIRECTLY OR INDIRECTLY, ANY OF THE FOLLOWING ACTIVITIES IN THE TOWN OF HAMBURG AFTER THE ADOPTION OF THIS CHAPTER, UNLESS A TREE REMOVAL PERMIT AND APPROVAL IS OBTAINED PURSUANT TO SECTION 243 SIX, ILLEGAL AND UNPERMITTED ACTIVITIES HAVE TAKEN PLACE, AND WE RESIDENTS WHO HAVE WHO SHOULD BE PROTECTED BY THE TOWN CODE HAVE BEEN VIOLATED. WE WOULD LIKE A WRITTEN EXPLANATION FROM THIS BOARD, THE TOWN BOARD AND THE BUILDING DEPARTMENT. CLEAR CUTTING OF THE 7.46 ACRE PROPERTY STARTED IN THE FALL OF 2023, WHICH IS WHEN WE DISCOVERED MR. SANTA HAD PURCHASED THIS PROPERTY THAT WAS SPLIT BY RNP OAK HILL TO SELL TO MR. SANTA AND THE HAMBURG IDA. THIS IS HEAVILY FORESTED AREA WITH LIVE TREES AS SHOWN IN THE PHOTOS SENT WAS COMPLETELY CLEARED WITHOUT ANY PERMITS OR FINES. AT THE TIME THIS WAS FEDERAL WETLANDS AND STILL INDICATED ON THE DEC MAPS AND NY MAPS. THE ADMINISTRATION AT THE TIME WITHIN THE TOWN ALLOWED IT TO HAPPEN. THERE WERE MULTIPLE INQUIRIES TO THE TOWN FROM RESIDENTS THAT THE TOWN NO LONGER HAS, BUT WE RESIDENTS STILL HAVE OUR QUALITY OF LIFE AND OUR PROPERTY HAS BEEN DIRECTLY IMPACTED FROM THIS 10S. WE CURRENTLY HAVE INCREASED LIGHT AND NOISE POLLUTION FROM THE FORD PLANT 179, ROUTE FIVE AND AND EXCHANGES DUE TO LACK OF NATURAL BARRIERS. TIME. THANK YOU. BETH, DO YOU WANT TO GO? WHO'S GOING NEXT? WHO'S GOING NEXT? RACHEL PHILLIPS OKAY. GO AHEAD OKAY. WITH MR. SANTOS BUILDINGS AND PARKING LOTS BEING SO CLOSE TO OUR PROPERTIES, HOW DOES HE PLAN ON MITIGATING NOISE AND AIR POLLUTION, AS WELL AS LAND VIBRATIONS FROM TRAFFIC AND POTENTIAL DUMPING OF MATERIALS ON THIS PROPERTY FROM HIS PLANTS? JUST WITH THE TREES BEING CUT DOWN, WE FELT THE VIBRATIONS. WE HEARD THE NOISE.

IT WAS LOUD. THERE ARE NO PLANS FOR BERMS AND MINIMAL LANDSCAPING ON THE RESIDENTS BEHALF. CAN MORE BE ADDED? WHAT KIND OF LIGHTING WILL BE USED IN THE PARKING LOTS? WILL THE LIGHTS BE HIGHER THAN FENCING AND FRESHLY PLANTED TREES? THE THERE ARE LIGHTS THAT ARE ON THE IN BETWEEN THE TWO BUILDINGS AS WELL THAT WOULD FACE OUR HOMES. ALSO, WHY WAS IT OWNED BY TWO MAJOR DEVELOPING CORPORATIONS FOR 30 PLUS YEARS? AND THAT LAND WAS NOT ONCE DEVELOPED BECAUSE IT NEVER COULD BE UNTIL HE ILLEGALLY CUT THE TREES DOWN?

[01:15:01]

WITHIN CODE. IT STATES THAT BUILDINGS ON SIDE LOTS MUST BE A MINIMUM OF 75FT FROM RESIDENTIAL. WHY IS HE BEING PROTECTED AND NOT US? DRAINAGE PROBLEMS AND ENVIRONMENTAL PROBLEMS RELATED TO THE PROPERTY AND TO RUSH CREEK EACH WARRANT FURTHER REVIEW AND POTENTIALLY A SECRET POSITIVE DECLARATION, AND CERTAINLY SOIL TESTS MADE AVAILABLE TO THE PUBLIC. WE HAVE HAD AN INCREASE IN WATER IN OUR BASEMENTS, WHICH HAS LED TO REPLACING SOME PUMPS AND THE NEED TO ADD BACKUP PUMPS. BACKYARD CONCRETE PATIOS HAVE SHIFTED, STARTED TO CRACK AND DRAINAGE HAS HAD TO BE ADDED. HOW WILL HE PREVENT FURTHER RUNOFF FROM HIS PROPERTY ONTO OURS? IT'S ALREADY AFFECTED OURS. ACCORDING TO FEMA MAPS, THE CREEK ITSELF IS A HIGH FLOOD RISK. WE HAVE CONCERNS WITH THE RUNOFF FROM VEHICLES AND OUTDOOR STORAGE AREAS INTO RUSH CREEK. CAN THERE 10S? CAN THERE BE A GUARANTEE THAT THE RUNOFF WILL NOT GO DOWN INTO A CREEK THAT IS ALREADY, ALREADY A 303 D AND A FRESHWATER TRIBUTARY TO LAKE ERIE? THE CREEK IS ALSO A SPAWNING AREA FOR TROUT ALREADY AT RISK FOR POLLUTANTS IN THE BASINS WITHIN A STATE PARK TIME. WHO'S NEXT? ARE YOU? BETH. YES, BETH. KAYLA. JERRY. OKAY. DO YOU WANT ME TO SPELL THAT? NO, NO, I GOT IT. OKAY. THANK YOU. ARE WE READY? OKAY. THERE IS ALSO BEEN MAJOR EROSION IN THAT AREA OF THE CREEK. IT IS WISE TO HAVE OUTDOOR. IS IT WISE TO HAVE OUTDOOR STORAGE AND PARKING WITHIN THAT HUNDRED FOOT BUFFER BERMS WILL NOT PREVENT EROSION FROM EXPANDING. WITH THE STORMWATER MANAGEMENT AREA CLOSEST TO THE CREEK. IS THAT MORE SUBJECT TO FLOODING DUE TO THE FACT THAT THE BOTTOM TERRAIN WILL BE IN LINE WITH THE CREEK HEIGHT, A TEN FOOT TALL CHAIN LINK FENCE IS UNACCEPTABLE, EYESORE AND DISRESPECTFUL TO THE NEIGHBORS, AND INEFFECTIVE IN SCREENING THE PROJECT, WHICH DRAMATICALLY EXCEEDS THAT HEIGHT. TREES MUST BE PLANTED IN THIS AREA AND TREES MUST BE REPLACED WHERE THEY WERE TAKEN DOWN ILLEGALLY AND WITHOUT A PERMIT. MR. SANTA OBTAINED A SEPARATE FENCING PERMIT ON A DIFFERENT SBL IN THE MIDDLE OF THIS PROCESS THAT HE IS IMPLEMENTING INTO THE SITE PLAN, AS PART OF A BUFFER FOR US RESIDENTS, HE WILL BE PUTTING LANDSCAPING ON THE CLOSEST SIDE TO HIM OF THE FENCE, WHICH WAS CORRECTED. SO WHY WAS HE ABLE TO GET THE FENCING PERMIT IF HE'S GOING TO USE THIS AS HIS BUFFERING FOR THE SITE PLAN, THAT SHOULD NOT BE INCLUDED. SHOULDN'T THIS BOARD HAVE HAD TO APPROVE IT IF IT IS BEING USED IN THIS PARTICULAR PROJECT? IF HE IS ALLOWED TO DO THIS AND AND THIS WILL BE OUR BUFFER, WHY DO THE RESIDENTS HAVE TO HAVE A TEN FOOT CHAIN LINK FENCE CLOSEST TO THEM WHEN THERE WAS NEVER A FENCE BEFORE AND AND NOT THE LANDSCAPING? ESSENTIALLY FLIP FLOP THEM? WILL HE BE ABLE TO SWITCH THE LANDSCAPING IN THE FENCE TO BETTER FIT THE CHARACTERISTICS AND THE ESTHETICS OF THE NEIGHBORHOOD? IF HE KEEPS LANDSCAPING WHERE IT IS, HOW WILL ALL THOSE ROOTS EVENTUALLY AFFECT THE INTEGRITY OF THE AGING WOODLAWN SEWER LINE? HAS THERE ALREADY? I'M SORRY, HAS THERE ALREADY BEEN DAMAGE DONE TO THE LINE WITH MR. SANTA CROSSING OVER IT AND HIS. OVER OVER IN HIS OWN PERSONAL BUILDING AND STORAGE AREAS ON THE SEWER LINE, WITH THIS BEING NOT APPROVED BY THE BOARD AND WITHIN THE SCOPE OF THE SITE PLAN, HOW CAN WE BE

[01:20:02]

WILL THERE BE SPRINKLER SYSTEMS WITHIN THE BUILDINGS? IT WAS PRESENTED THAT MR. SANTA WILL BE ADDING PRIVATE FIRE HYDRANTS, DUE TO THE FACT THAT THE FURTHEST BUILDING TO THE CLOSEST HYDRANT IS 1000FT AWAY. WHAT EFFECT WILL THIS HAVE ON THE MAIN WATER LINE? IS THERE ENOUGH PRESSURE AND VELOCITY WITHIN THE LINES TO SUSTAIN THESE HYDRANTS? THE ESTABLISHED HYDRANTS, SPRINKLER SYSTEM, 10S AND POTENTIAL RUNNING WATER FACILITIES WITHIN THESE BUILDINGS? WHAT HAPPENS IF THERE IS FIRE AT THE ENTRANCE OF THE PROPERTY AND IT SPREADS? THERE IS NO WAY OF ACCESSING A CLOSE ENOUGH HYDRANT TO REACH THE PROPERTY. WHAT WILL BE STORED IN THESE OUTDOOR IN THE OUTDOOR STORAGE TIME? OKAY. PAUL, IS IT THE LAST? OVER HERE? STARTING RIGHT THERE? YEP. HOW YOU DOING? MY NAME IS PAUL CELESTE. I LIVE AT 3761 NELSON AVE. PAUL, YOU JUST HAVE TO MAKE SURE YOU TALK INTO THE MICROPHONE SO EVERYBODY CAN HEAR YOU. YOU MIGHT WANT TO LIFT THAT MIC UP A LITTLE BIT, PLEASE. OKAY. THAT'LL SOLVE IT.

WELL, THERE'LL BE FUEL TANKS. WHAT KIND OF MATERIALS WILL BE ALLOWED IN THE BUILDINGS AND OUTDOOR STORAGE AREAS? WILL THERE BE OIL SEPARATORS IN THESE BUILDINGS? WE BELIEVE THAT THIS PROJECT IS WAY TOO LARGE OF A SCALE FOR THIS SIZE PROPERTY, ESPECIALLY WITH ALL THE EXTRA BUFFERING THAT IS NEEDED. IT WAS ALREADY ASKED THAT MR. SANTA DOWNSCALE THE PROJECT, WHICH HE DID. HE THEN ADDED TWO MORE BUILDINGS AND TWO OUTDOOR STORAGE AREAS AND THE 75FT TO THIS NORTH RESIDENCES MUST BE HONORED. HIS REBUTTAL FOR DOWNSIZING THE PROJECT IS THAT THE BUILDING SQUARE FOOTAGE TOTALS ARE LESS. IN FACT, THEY WERE. THEY WERE, BUT NOT BY MUCH. THE ORIGINAL PLAN PRESENTED WAS 81,000FT■S. AND THEN HE PRESENTED THE EIGHT

[01:25:04]

EXCUSE ME. AND WHO DO WE HAVE? MY NAME IS ANGELA. ANGELINA. I LIVE AT 3767 NELSON AVE. ALL RIGHT. AN EXAMPLE IS THE PROPERTY NEXT TO THIS. TO THIS. THAT ONE AT ONE POINT WAS CONSIDERED THE SAME PARCEL. IT WAS JUST REZONED AS PARKS AND RECS. HOW DOES ADDING A MAJOR CONSTRUCTION COMPLEX IN THE MIDDLE OF A RESIDENTIAL AND PARKS AND RECREATION FIT? WILL THIS AFFECT FURTHER FUNDING FROM THE STATE TO THE TOWN? IF THESE CURRENT SITE PLANS PROCEED? WE BELIEVE THAT A SITE PLAN OF THIS MASS AND THE LOCATION NEGATIVELY IMPACTS THE INTEGRITY AND CHARACTERISTICS OF OUR NEIGHBORHOOD. IT HAS ALREADY IMPACTED THE VALUE OF EVERYDAY LIFE FOR US NEIGHBORS AND OUR PROPERTY VALUES. FURTHER PROCEEDINGS OF THE CURRENT SITE PLAN WOULD RUIN THE CHARACTER AND FAMILY ATMOSPHERE THAT HAS BEEN ESTABLISHED HERE FOR OVER NEARLY A CENTURY. AGAIN, I WANT TO REITERATE CODE TWO 8309 AND THE LACK OF PROPER NOTICE. THIS PUBLIC HEARING SHOULD NOT BE TAKING PLACE. THERE WAS NO SIGNAGE NOTIFYING ALL OF THOSE RESIDENTS WHO DRIVE BY THAT HOUSE EVERY SINGLE DAY. WITH ALL OF THIS IN MIND, OUR ASK IS THAT THE BOARD? PLEASE LISTEN TO ALL OF OUR CONCERNS AND SAFETY ISSUES WITH THIS PROJECT. WE ARE STATING THAT THIS IS NOT AN APPROPRIATE USE OF THIS SITE.

THERE IS A NEED FOR IMPROVEMENTS WITH BUFFERS, SIZE OF PROJECT TO BE DOWNSCALED IMMENSELY. TRAFFIC SAFETY IS A HUGE, HUGE PROBLEM GOING IN AND OUT ONLY ONE WAY. MANY POTENTIAL POLLUTANTS AND PRESERVATION OF NEIGHBORHOOD CHARACTERISTICS, ESPECIALLY WITH YOUNG FAMILIES THAT LIVE THERE. OUR ASK IS THAT THIS PROJECT BE COMPLETELY MITIGATED OR WE BELIEVE IN ASK AT A MINIMUM IN EIS SHOULD BE PERFORMED BEFORE ANY FURTHER PROCEEDINGS OF THIS PROJECT. WE ARE CONSIDERING SEEKING COUNSEL FOR FUTURE PROCEEDINGS FOR FUTURE PROCEEDINGS IF NECESSARY, BUT AGAIN, ON BEHALF OF THE WOODLAWN RESIDENTS AND EVERYONE WHO IS HERE IN OPPOSITION OF THIS PROJECT, WE WOULD LIKE TO THANK YOU GUYS FOR ALL OF YOUR

[01:30:03]

IS IT DARKMAN? IT'S A B. THANK YOU. AND THEN AFTER JEANETTE, WE'VE GOT MARK BACHMAN. SO IF YOU WANT TO LINE UP. COME ON. HI. JEANETTE BACHMAN, 3749 NELSON AVENUE. ME AND MY HUSBAND, MARK BACHMAN. WHO WOULD BE NEXT? I WE HAVE NOTHING TO SAY. ANGELA PRETTY MUCH SAID IT ALL. OKAY. THANK YOU, THANK YOU, SO, MARK, YOU FEEL YOU'RE GONNA YOU'RE YOU'RE SUPPORTING THE PREVIOUS SPEAKER. IS THAT RIGHT, MARK? OKAY. THANK YOU. CHRIS. CUBA. CUBA.

CHRIS. IS CHRIS BACK THERE? OH. YOU DECLINED. OKAY. WHAT ABOUT BOBBY HARDING? IS IT HARDING? SAINT? BOBBY. DECLINE. LEONA ROCKWOOD DECLINED TO ACCEPT THIS MOMENT. MICHAEL WALBERT IS ALREADY DONE. CARRIE MEIER. HI. CARRIE MEIER, 219 SOUTH SHORE DRIVE. I GREW UP IN WOODLAWN.

MY PARENTS HAD A HOUSE RIGHT DIRECTLY BEHIND THEIR BUILDING, AND WITH ALL THE TREES THAT THEY CUT DOWN, THE NOISE IS VERY LOUD. WE COULD HEAR ALL OF ROUTE FIVE AND 179. SO VERY SIMILAR TO A LOT OF THE THINGS THAT THE NEIGHBORS HAVE BEEN STATING. BUT I ALSO WANTED TO STATE THAT, YOU KNOW, GROWING UP THERE, I'M I'M 56 YEARS OLD, AND I'VE BEEN THERE SINCE I WAS BORN, AND FROM 1970, AND WE WERE ALWAYS TOLD THAT IT WAS UNBUILDABLE PROPERTY THAT YOU COULD NOT DEVELOP ON THAT PROPERTY BECAUSE IT WAS WETLANDS. AND I'M HEARING SOME DIFFERENCE HERE, YOU KNOW, I'M NOT SURE HOW OR WHY THAT MIGHT HAVE CHANGED. OR WE WERE ALWAYS MISLED. NOW THAT THE TREES HAVE BEEN CUT DOWN AND THE NOISE IS EXTREMELY LOUD IN THE BACKYARDS, YOU CAN ALSO SEE ALL THE LIGHTS FROM ALL THE DIFFERENT TRAFFIC AND TO THE FORD PLANT. I'M ALSO STATING THAT I'M A MEMBER OF THE, WHICH IS THE LOCAL WATERFRONT REVITALIZATION PROGRAM COMMITTEE, WHICH WAS ESTABLISHED TO HELP COMMUNITIES REDEVELOP THE WATERFRONT ALONG LAKE ERIE TO ENHANCE PUBLIC ACCESS, IMPROVE WATER QUALITY, AND FOSTER ECONOMIC GROWTH. THE PURPOSE IS TO CREATE A LONG TERM, COMMUNITY DRIVEN VISION FOR WATERFRONT REVITALIZATION, TRANSFORMING UNDERUTILIZED OR INDUSTRIAL AREAS INTO VIBRANT PUBLIC SPACES. I DON'T SEE HOW THIS IS DOING THAT, SUCH AS RECREATIONAL USE AND PARKS. LIKE MANY OF THE THE FAMILIES HAVE STATED HERE, WHAT THEY ARE LOOKING TO BUILD IN THIS SPACE ARE LARGE WAREHOUSES TO RENT OUT TO VARIOUS OTHER INDUSTRIAL BUSINESSES, MANY OTHER INDUSTRIAL BUSINESSES. DO WE HEAR THAT? MY UNDERSTANDING IS WE ARE TRYING TO LIMIT THE AMOUNT OF INDUSTRIAL BUILDING IN OUR COMMUNITY AND INSTEAD FOCUS ON GREEN SPACES AND OR PLACES FOR COMMUNITY TO UTILIZE AND GATHER. THIS IS NOT WHAT HE'S LOOKING TO DO OR THEY'RE LOOKING TO DO. I HOPE THE TOWN STRONGLY CONSIDERS THE MAJOR CONCERNS THAT FAMILIES LIVING IN THE COMMUNITY HAVE, AND DEMAND THAT THEY REPLANT THE TREES THAT WERE REMOVED ILLEGALLY WITHOUT PERMITS.

THANK YOU, THANK YOU. AMY BLONDELL. AMY. AND THEN CHRIS, YOU'RE UP NEXT. GOOD EVENING.

MY NAME IS AMY GLENDALE. I LIVE IN THE VILLAGE OF HAMBURG, BUT AS A PRIVATE CITIZEN, I PAY ATTENTION TO A LOT OF THESE DEVELOPMENT ISSUES BECAUSE I CARE ABOUT THE DIRECTION HAMBURG IS GOING IN AND THE EFFORTS FROM THE AND THE BOA TO REVITALIZE OUR COMMUNITY FROM AN INDUSTRIAL PAST TO A HEALTHIER, MORE SUSTAINABLE FUTURE. CLEARLY, THE RESIDENTS OF WOODLAWN, ALONG WITH A LOT OF OTHER RESIDENTS IN HAMBURG, HAVE INCURRED A LOT OF EXPOSURE TO ACTIVITIES THAT ARE NOT IN LINE WITH OPTIMAL LIFESTYLE, AND THEY HAVE COME TOGETHER AFTER DECADES AND GENERATIONS OF TOLERATING THIS TO EXPRESS TO YOU AND APPEAL TO YOU TO

[01:35:06]

CHRISTOPHER SARACINO 4340 SOUTH PARK BLAISDELL. I AM A LOCAL CONTRACTOR. I DO APPROVE THIS DEVELOPMENT. IT'S VERY TOUGH FOR US TO FIND AREAS TO STORE STUFF, CONDUCT BUSINESS LEGALLY OUT OF. AS WE CAN SEE, PEOPLE ARE MIXED ON FEELINGS WITH THINGS, BUT AS CONTRACTORS AND AS A BLUE COLLAR WORKER, I FEEL A LOT OF PEOPLE IN WOODLAWN ARE. IT IS VERY HARD TO FIND AREAS TO TO CONDUCT BUSINESS OUT OF UP TO CODE. AND I DO STAND FOR THIS PROJECT. OKAY. THANK YOU.

REMEMBER WHAT I SAID. EVERYBODY'S ENTITLED TO THEIR OPINION AND THEY WERE ALL QUIET WHEN YOU GOT TO SPEAK. JOANNE WARREN. MUM JOANNE WARREN I LIVE ON JOHN MICHAEL WAY IN HAMBURG. I DON'T HAVE MUCH TO SAY THAT THE RESIDENTS HAVEN'T ALREADY SAID, BUT JUST MAKE A COUPLE POINTS. THE FIRST, MY UNDERSTANDING IS THE OWNER OF THE PROPERTY VIOLATED THE TOWN OF HAMBURG CODE, WHICH REQUIRED A PERMIT FOR THE CLEAR CUTTING OF THE TREES. IN MY OPINION, RIGHT. THERE SHOULD BE A REASON FOR THE PROJECT TO BE HALTED, BUT IT REALLY MY MAIN POINT IS I'VE BEEN ATTENDING THESE MEETINGS. I'M VERY CONCERNED ABOUT DEVELOPMENT IN THE TOWN.

I'VE NEVER BEEN PARTICIPATING IN ANY OF THIS BEFORE, BUT I'VE SEEN SOME DEVELOPMENT IN THE TOWN RECENTLY THAT REALLY CONCERNS ME. SO THIS IS NOT MY NEIGHBORHOOD, BUT I VERY I'M VERY IMPRESSED WITH THESE RESIDENTS. BUT SO I ATTENDED THESE MEETINGS. JOSH TOOK SOME TIME TO TO MEET WITH ME. AND MY QUESTION TO HIM WAS, WHAT IS THE GUIDING PRINCIPLE OF THE PLANNING BOARD? WHEN I SIT AND LISTEN TO YOUR MEETINGS, LIKE WHAT GUIDES YOU OR WHAT? HOW DO YOU MAKE THESE DECISIONS? WHAT ARE THE GUIDING PRINCIPLES? AND HE EXPLAINED THAT IT WAS THE COMPREHENSIVE PLAN. THAT'S THE GUIDING PRINCIPLES. SO I WENT BACK AND LOOKED AT THE COMPREHENSIVE PLAN FOR THE WOODLAWN AREA. AND AS FAR AS I SEE, THIS PROJECT DOESN'T MEET THAT COMPREHENSIVE PLAN AT ALL. IT JUST A COUPLE POINTS. THE KEY OBJECTIVES FROM THAT, PROTECTING THE RESIDENTIAL AREAS FROM THE POTENTIAL ADVERSE EFFECTS FROM INDUSTRIAL

[01:40:01]

I'M NOT A GOOD PUBLIC SPEAKER, BUT JORDAN ANDOLINA OVER 3767 NELSON. FROM THE BEGINNING OF THIS PROJECT, THIS CLEARCUTTING SHOULD HAVE NEVER TAKEN PLACE WITHOUT GOING IN FRONT OF YOU GUYS. YOU GUYS ARE SUPPOSED TO STAND THERE AND STICK UP FOR US, THE PEOPLE, THE LANDOWNERS THAT PAY THE TAXES. I KNOW THIS TAX MIGHT BE A LITTLE BIGGER, BUT FROM THE BEGINNING OF THIS WE'VE HAD NO ANSWERS. NONE. JUST THE CODE WALK. THE PROPERTY HAS BEEN OUR ANSWER EVERY TIME. WHY DO WE HAVE TO KEEP GETTING THESE? THERE'S NO ANSWERS AND WE'RE SICK OF IT.

LIKE I SIT HERE AND AGAIN, THE MAIN THING IS HOW WOULD THIS PROJECT GET THIS FAR? WHEN SEVEN ACRES WERE CLEAR CUT WITHOUT, OF COURSE, THERE'S NO WETLANDS NOW. THERE'S NO TREES.

BUT THAT. THAT'S IT, I DON'T KNOW, THANK YOU. I WROTE YOU FOR THIS FINAL CALL FOR THIS PUBLIC HEARING. ANYONE ELSE? SEEING NONE? I'M SORRY. THERE'S A MAN STANDING UP BACK THERE. I DIDN'T WANT YOU. COME ON UP. WELL, WE CAN'T HEAR YOU, UNFORTUNATELY. SO IF YOU'RE COMING UP TO SPEAK. OKAY, YOU GOT THREE MINUTES REGARDLESS. MIKE, WHAT'S YOUR MIKE? YOU HAVE TO IDENTIFY YOURSELF BECAUSE. SCHUMACHER. ALRIGHT, SPELL YOUR LAST NAME A C H E R.

THANK YOU. GO AHEAD. IN THIS TOWN, I'VE WATCHED OUR BEACH GET DESTROYED. CALLED A WETLAND WHEN IT NEVER WAS A WETLAND. ALL IT WAS WAS A PLACE THAT HAD TWO CREEKS RUNNING OUT OF IT.

IT HAS NOW BEEN MADE INTO ONE. SAME THING. SEEMS TO BE GOING ON HERE. SOMEBODY COMES IN, DOES WHAT THEY WANT, WHETHER IT'S A PRIVATE INDIVIDUAL OR A STATE OR THE TOWN. ALL I KNOW IS THAT I'VE BEEN THERE 60 YEARS. LIVED IN THIS TOWN. I'VE WATCHED MY BACKYARD. I LIVE AT

[01:45:04]

I JUST I'M SORRY, I DIDN'T I DIDN'T CATCH YOUR NAME. KIM. KIM, SPELL YOUR LAST NAME, PLEASE. P R E S H O. AND YOUR ADDRESS? I OWNED A HOUSE AT IN WOODLAWN. OKAY. GO AHEAD. I JUST SOLD MY HOUSE IN WOODLAWN. IT WAS A HOUSE THAT WAS OWNED BY MY GRANDFATHER. BUILT MY MY GRANDFATHER OWNED BY MY FATHER, OWNED BY ME. AND WE SOLD THE HOUSE. AND WHAT I AS SOON AS I SAW WHAT WAS HAPPENING, WE WERE MY MY SON WAS LIVING THERE. I'M SURE ALL OF YOU GUYS KNOW WHERE THE HOUSE IS. I'M GOING TO ASK YOU TO TALK TO US. I WILL, OKAY, BECAUSE WE'RE LOSING EVERY OTHER WORD HERE. OKAY? SO AS SOON AS I SAW THE TREES CUT DOWN BEHIND THE HOUSES ON NELSON, I WAS UP IN ARMS ABOUT IT. AND I IMMEDIATELY EMAILED THE TOWN AND I ASKED THEM WHAT'S GOING ON? AND THEY SAID, I HAVE MY EMAILS RIGHT IN FRONT OF ME. IT SAID, YES, WE ARE AWARE OF THIS. WE HAVE HAD NUMEROUS CALLS. THE APPLICANT HAS BEEN WORKING WITH SCOTT LIVINGSTON FROM EARTH DIMENSIONS TO ENSURE HE'S COMPLIANT WITH WORKING IN THE WETLAND. HE'S PERMITTED TO BRUSH HOG THE SITE AND REMOVE DEAD AND DYING TREES. HIS PLAN IS TO CONSTRUCT A FENCE ALONG THE NORTH PROPERTY. HE DOES NOT HAVE A FENCE PERMIT. OKAY, SO IF YOU HAVE ANY CONTACTS ON THINGS, CALL SCOTT LIVINGSTON. I WOULD WOULD HAVE NORMALLY ASSUMED THAT SINCE THEY'RE WORKING WITH EARTH DIMENSIONS THAT THEY WOULD KNOW THE RULES.

AND AS SOON AS I SAW THEM CUTTING DOWN THE TREES, I SENT ANOTHER EMAIL. I SAID ONE MORE QUESTION. DID THEY GET A TREE CLEARING PERMIT FROM THE TOWN? AND WAS THE PROCESS FOLLOWED? I THINK IT WAS REFERRED TO AS CHAPTER 243 THROUGH THE BUILDING CODE PERMIT. THANKS AGAIN. THEY DID NOT GET A TREE CLEARING PERMIT. THIS IS MY ANSWER. THEY DID NOT. NO ONE WAS REQUIRED WHEN REMOVING MORE THAN SEVEN TREES. GIVE ME A BREAK. YOU'RE WORKING WITH EARTH DIMENSIONS AND YOU DON'T KNOW THAT YOU'RE NOT SUPPOSED TO REMOVE TREES IN HAMBURG. ALL RIGHT. REALLY? SERIOUSLY? SO WHAT? I FINALLY ASKED, AND I FOLLOWED UP MULTIPLE TIMES WITH HIGHER UPS IN THE TOWN, AND THEY WERE VERY WELL AWARE OF THIS, YET NOTHING WAS DONE.

THIS IS NOT THE FIRST TIME MR. SANTO HAS DONE THIS AND IT PROBABLY WON'T BE THE LAST. HE DOES THINGS LIKE THIS AND THEN HE DOESN'T EVEN ASK FOR FORGIVENESS LATER BECAUSE HE JUST GOES AND DOES WHATEVER HE WANTS. WHAT YOU HAVE FAILED TO RECOGNIZE IS THAT THESE PEOPLE HAVE A COMMUNITY IN WOODLAWN THAT IS REALLY IMPORTANT, THAT HAS BEEN ESTABLISHED THERE. MY FAMILY WAS THERE FOR 85 YEARS, AND MY FATHER, GRANDFATHER, MY FATHER AND ME AND MY SON AND MULTIPLE PEOPLE IN MY FAMILY. YET YOU DISREGARD THE FAMILY UNITS THAT LIVE THERE AND THAT HAVE ESTABLISHED A COMMUNITY. AND THAT'S REALLY IMPORTANT TO YOU. YOU HAVE LOOKED AT WOODLAWN LIKE IT'S THE ARMPIT OF OF HAMBURG, NEW YORK, FOR A REALLY LONG TIME, AND I'M SICK OF IT. YOU KNOW WHAT YOU NEED TO THINK ABOUT HOW YOU WOULD FEEL IF THIS WAS YOUR HOUSE AND

[01:50:06]

YOU'D BE UP IN ARMS SCREAMING ABOUT THE 10S INTO YOUR TOWN AND INTO YOUR LITTLE NEIGHBORHOOD AND CUT DOWN YOUR TREES. YOU NEED TO CONSIDER AND PUT YOURSELF IN THEIR SHOES AND THINK ABOUT WHAT YOU'RE DOING AND WHAT YOU'RE DECIDING AND LETTING THIS MAN DO. IS THERE ANYONE ELSE? ALL RIGHT, I'M CLOSING THE PUBLIC HEARING. 10S. YEAH, IT'S 835, AND I PROMISED WE HAVE STUDENTS HERE THAT ARE WATCHING THIS, SO WE'RE GOING TO TAKE A SEVEN MINUTE BREAK.

WE'RE GOING TO INSTEAD OF TEN, AND THEN THE APPLICANT WILL COME BACK AND THEN WE'LL FINISH UP OKAY, I'LL GIVE A MINUTE FOR THOSE WHO ARE LEAVING. IF YOU'RE LEAVING, GO AHEAD. SO WE DON'T DISTURB THOSE WHO ARE STAYING. AND THOSE WHO ARE STANDING NOW HAS A CHAIR. YOU CAN SIT DOWN. OKAY, SO WE CLOSE THE PUBLIC HEARING. WE GOT LOTS OF INFORMATION.

JOSH HELPED ME OUT. WHERE WOULD YOU. WHERE WOULD YOU LIKE TO GO FROM HERE? BESIDES THE BAR? SO I THINK I THINK ESPECIALLY WITH MY COMMENT ABOUT DOT ASKING FOR AN EXTENSION, BECAUSE I THINK THEIR COMMENTS ARE REALLY GOING TO BE CRUCIAL TO YOUR GUYS'S SEEKER AND ENVIRONMENTAL REVIEW.

I THINK BASED OFF OF THEM REQUESTING AN EXTENSION, I WOULD TABLE THEM TO THE APRIL 1ST MEETING. I ALSO THINK THAT WILL ALSO GIVE THEM TIME. I WOULD EXPECT THIS BOARD WOULD REQUIRE OR ASK FOR THE APPLICANT TO PRODUCE A RESPONSE NOT ONLY TO THE PUBLIC COMMENTS, KIND OF, YOU KNOW, A SUMMARY OF WHAT WE HEARD TONIGHT, BUT ALSO SOME OF THE COMMENTS FROM THE BOARD MEMBERS. I KNOW I ASKED A COUPLE OF QUESTIONS TONIGHT. SO I ALSO THINK THAT, YOU KNOW, THE BOARD HAS THE PREROGATIVE TO ASK THE APPLICANT, IS THERE ANY OTHER KIND OF STUDIES, ANY OTHER, ANY KIND OF OTHER INFORMATION THAT YOU WOULD WANT BY THAT APRIL 1ST MEETING? I GUESS THE TIME, YOU KNOW, TO TO ASK FOR THAT IS NOW. WELL, BEFORE WE SAY THAT, I WOULD LIKE TO THANK THE AUDIENCE FOR THEIR TIME AND EFFORT FOR COMING IN AND BEING A PART OF THIS AND STANDING UP AS LONG AS YOU ALL HAVE. YOU KNOW, SOMEBODY MENTIONED THAT WE DON'T KNOW. WE KNOW I'VE BEEN DOING THIS FOR 35 YEARS, AND THESE GUYS AREN'T HERE BECAUSE THEY DON'T HAVE ANYTHING BETTER TO DO. WE ALL TAKE AN OATH. WE HAVE HOURS OF HOMEWORK TO DO.

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

[01:55:05]

LET ME KNOW WHEN YOU'RE DONE IN THE BACK. WE HAVE TO GO WITH THE INFORMATION THAT'S GIVEN TO US. WE CAN'T TELL THE STATE OF NEW YORK THAT THEY'RE WRONG. IT'S THE INFORMATION THAT'S GIVEN OUT TO US. WE REVIEW IT AND THEN AND THEN WE PROCEED FROM THERE. SO AT THAT POINT, AT THIS POINT, I'M GOING TO ASK THE BOARD MEMBERS, DO YOU HAVE ANY ADDITIONAL INFORMATION OR QUESTIONS OR THINGS ASKS FOR THE APPLICANT BEFORE WE TABLE THIS UNTIL APRIL 1ST? CHAIRPERSON, COULD I ASK JUST ONE QUESTION ABOUT A COMMENT YOU MADE? YOU REFERENCED THE OTHER BUILDING, SO I'D LIKE TO SEE IT. WE DIDN'T KNOW ANTHONY. I DIDN'T KNOW WHAT YOU MEANT.

YOU MENTIONED SOMETHING ABOUT LOOKING AT LANDSCAPING AND THE OTHER BUILDING. I THINK YOU SAID BUILDING EIGHT THAT I'VE BEEN SAYING ASKING TO HAVE REDUCED OR OR PARTIALLY REMOVED AND MAYBE PUT THE OUTDOOR STORAGE UP THERE. CARE ABOUT THIS ONE? YES. BUILDING SIX.

NOW, TECHNICALLY, THIS BUILDING SIX. SORRY. YOU WILL. OKAY. I FEEL THAT SOME OF THE TWEAKING ON THIS PROJECT COULD GET RESOLVED. I MEAN, IF IT'S DONE RIGHT, YOU KNOW, I CAN'T, I, YOU KNOW, WE'RE BETWEEN A ROCK AND A HARD PLACE. I HEAR THE RESIDENTS, BUT THIS IS WHERE WE ARE BOARD MEMBERS. DO YOU HAVE ANYTHING ELSE TO ADD? YES, MADAM CHAIR, GO AHEAD. MEMBER RYAN. I AM NOT IN FAVOR OF THE OUTDOOR STORAGE. AND FOR THE REASONS ADDITIONAL RUNOFF FROM THE MATERIALS THAT WOULD BE STORED THERE IN ITSELF, THE SITE I FEEL IS OVERBUILT RIGHT NOW. AND IN MY OPINION, REMOVING THE OUTDOOR STORAGE LIMITS THE RUNOFF TO THE CREEK AND OTHER SURROUNDING AREAS BY CONTAINING IT IN A BUILDING WOULD MAKE IT MORE THE AREA MORE ATTRACTIVE. I WOULD LIKE TO SEE THE OUTDOOR STORAGE REMOVED FOR THOSE REASONS. OKAY.

ANYONE ELSE? MEMBERS? AJAK I HAVE A QUESTION. HOW DID THE 36 TRIPS HOW HOW DOES THAT DETERMINE. YEAH, SO THERE'S A NATIONAL STANDARD THAT APPLIES TO EVERY LAND USE CATEGORY.

IT'S CALLED THE INSTITUTE OF TRANSPORTATION ENGINEERS CHIP GENERATION REPORT AND I BELIEVE IT'S 12TH EDITION. SO YOU TAKE A LOOK AT THE SQUARE FOOTAGE, COMPARE IT TO THE LAND USE CATEGORY. AND THAT'S HOW YOU GET THE VEHICULAR TRIPS. SO IT'S A STANDARD THAT'S USED BY BASICALLY ALL TRAFFIC AGENCIES, INCLUDING DOT AND THE ERIE COUNTY DEPARTMENT OF PUBLIC WORKS. IT'S A PROJECTION, OBVIOUSLY. I DID SOME QUICK MATH, AND I THREW THROUGH THE ELEVATIONS AND THE SIZE OF THE BUILDINGS. I CAME UP WITH 45 BAYS, SO. RIGHT. SO IT'S PEAK.

THAT'S THE NUMBER OF TRIPS DURING ANY GIVEN OUR PEAK, MEANING EVEN IF THERE WAS 45 BAYS, NOT EVERY SINGLE BAY WOULD HAVE A VEHICLE COMING AND GOING DURING THE PEAK HOUR. I MEAN, INSTEAD, YOU'RE GOING TO BE RUNNING TO CONTRACTORS AND STUFF. I MEAN, I ASSUME THEY'RE

[02:00:03]

ENJOY THE REST OF YOUR EVENING. THANK YOU. OUR NEXT CASE IS. OUR NEXT CASE IS. AS SOON AS I

[2. Ten Lives Club Inc. – Requesting a use variance for the expansion of rescue services to be located at 3747 Lakeshore Road]

OKAY. I'LL WAIT. I, I THINK IT'S SAFE NOW. JOSH. GO AHEAD. THE APPLICANT NEED TO BE HERE.

[02:05:08]

WHEREAS THE TOWN OF HAMBURG RECEIVED AN APPLICATION FROM THE TEN LIVES CLUB INCORPORATED FOR A USE VARIANCE FROM THE ZONING BOARD OF APPEALS AND CHANGE OF USE SITE PLAN. SITE PLAN APPROVAL FROM THE HAMBURG PLANNING BOARD FOR A PROJECT TO BE LOCATED AT 3747 LAKESHORE ROAD, FOR THE PURPOSE OF EXPANDING ITS CURRENT FELINE RESCUE FACILITY, LOCATED AT THE IMMEDIATELY ADJOINING PROPERTY OF 3741 LAKESHORE ROAD. AND WHEREAS, THE TOWN OF HAMBURG PLANNING BOARD INITIATED THE SEEKER PROCESS FOR THIS UNLISTED ACTION AND RECEIVED INPUT FROM TOWN DEPARTMENTS AND BOARDS. AND WHEREAS, THE TOWN OF HAMBURG PLANNING BOARD HAS REVIEWED THE EAF SUBMITTED BY THE APPLICANT AND RECEIVED INPUT FROM THE PLANNING DEPARTMENT, AND WHEREAS, IN ACCORDANCE WITH PART 617 OF THE IMPLEMENTING REGULATIONS PERTAINING TO ARTICLE EIGHT, STATE ENVIRONMENTAL QUALITY REVIEW ACT SEEKER OF THE ENVIRONMENTAL CONSERVATION LAW, THE TOWN OF HAMBURG PLANNING BOARD HAS REVIEWED PART ONE OF THE. AND HAS COMPLETED PARTS TWO AND THREE OF THE SIF, AND REVIEWED THE CRITERIA FOR DETERMINING SIGNIFICANCE IN ACCORDANCE WITH SECTION 617.7 OF SEEKER. AND NOW, THEREFORE, BE IT RESOLVED, THE TOWN OF HAMBURG PLANNING BOARD HAS DETERMINED THAT THE PROPOSED PROJECT WILL NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE NATURAL RESOURCES OF THE STATE AND OR THE HEALTH, SAFETY AND WELFARE OF THE PUBLIC, AND IS CONSISTENT WITH SOCIAL AND ECONOMIC CONSIDERATIONS, AND THEREFORE ISSUES A NEGATIVE DECLARATION IN ACCORDANCE WITH SECTION 617.7 OF SEEKER. AND BE IT FINALLY, BE IT FINALLY RESOLVED THAT THE TOWN OF HAMBURG PLANNING BOARD CHAIR IS AUTHORIZED TO SIGN THE SHORT ENVIRONMENTAL ASSESSMENT FORM EAF, PARTS ONE, TWO AND THREE, WHICH WILL ACT AS THE SEEKER NEGATIVE DECLARATION. OKAY.

IT'S BEEN MOVED BY MEMBER CLERK HAS. IS THERE A SECOND MEMBER? RYAN SECONDS IT. IT'S BEEN MOVED BY MEMBER CLARK AND SECOND BY MEMBER RYAN. ALL THOSE IN FAVOR I ANY OPPOSED THE RESOLUTION FOR 3747 LAKESHORE ROAD TEN LIVE CLUB USE VARIANCE HAS BEEN GRANTED.

THANK YOU. ALL RIGHT. FINALLY IN THERE. I KNOW THAT'S A GOOD WORD FOR IT WAS THE LAST ONE.

SO I GUESS IT MADE SENSE BUT IT THREW ME OFF. MAYBE IT WAS AFTER FOUR OR FURTHER. RIGHT.

BUT FINALLY, FINALLY, FINALLY. ALL RIGHT. WELL, WE DID THAT JUST TO THROW YOU OFF, REMEMBER, CLARK. OKAY. SO I JUST WANT TO REMEMBER THE REMIND THE BOARD MEMBERS. MEMBER CLARK PROBABLY WON'T BE JOINING US BECAUSE HE'S NOT REQUIRED. MARCH 25TH IS THE TRAINING AT 6 P.M. AND IT'S GOING TO BE CONFERENCE ROOM, CONFERENCE ROOM, AND RIGHT. AND SOME KIND SOULS

[02:10:04]

IS THERE A SECOND SECONDS? NOPE. IT'S BEEN. IT'S BEEN MOVED AND TIED TO ADJOURN THE MEETING.

ALL THOSE IN FAVOR, I.

* This transcript was compiled from uncorrected Closed Captioning.