[00:00:11]
          EVERYONE. I'M GOING TO BEFORE I OPEN UP THE MEETING, EXPLAIN WHAT'S GOING ON HERE TONIGHT, BECAUSE I KNOW THAT A LOT OF YOU HAVE NOT BEEN THROUGH THIS PROCESS. MY NAME IS CINDY GRONINGEN. I'M THE CHAIR OF THE PLANNING BOARD. AND WITH ME AT THIS TABLE ARE THE PLANNING BOARD MEMBERS. WE WELCOME ALL OF YOU, AND WE UNDERSTAND THAT MOST OF YOU ARE HERE FOR THE FIRST PUBLIC HEARING THAT IS TAKING PLACE FOR THE BEST PLANT OPERATION THAT'S GOING ON, THAT IS TRYING TO COME INTO LAKEVIEW. I WOULD LIKE TO EXPLAIN VERY CAREFULLY, AND I'M GOING TO ASK EVERYONE TO LISTEN WITH GREAT DETAIL. THIS IS A PUBLIC HEARING. AND WHAT HAPPENS IS A PUBLIC HEARING IS THAT EACH AND EVERY MEMBER OF THE AUDIENCE GETS TO SPEAK TO THE PLANNING BOARD. YOU HAVE THREE MINUTES TO DO SO. YOU NEED TO COME UP, GRAB THE MICROPHONE, TELL US WHO YOU ARE, GIVE US YOUR THREE MINUTE DISSERTATION ON WHY THIS PROJECT IS AFFECTING YOU OR NOT AFFECTING YOU, WHY YOU ARE AGAINST IT, FOR IT. UNDECIDED YOU. WE ARE GOING TO KEEP TIME. 
          IT'S IMPORTANT THAT WE HEAR EVERYONE THIS EVENING AT A REASONABLE HOUR. AND PLEASE NOTE THAT WE HAVE FOUR CASES AFTER YOU. ALL OF YOUR STATEMENTS WILL BE RECORDED. 
          THE APPLICANT, AS WELL AS THE PLANNING BOARD, WILL REVIEW EACH AND EVERY STATEMENT. IF YOU HAVE QUESTIONS TONIGHT, PLEASE NOTE THEY WILL NOT BE ANSWERED. I HAVE TO STRESS THAT BECAUSE EVERY PUBLIC HEARING WE HAVE, PEOPLE SAY, WELL, I HAD QUESTIONS. CAN YOU ANSWER IT? WE CANNOT. IT'S PART OF THE FORMAT. SO IF YOU HAVE QUESTIONS, YOU'RE GOING TO ASK THEM. THE APPLICANT AND THE PLANNING BOARD WILL ADDRESS THEM. AND WE THINK IT'S GOING TO BE ON THE 16TH OF SEPTEMBER WILL BE THE NEXT TIME THAT THIS MEETING, THAT THIS CASE WILL COME IN FRONT OF THE PLANNING BOARD, WHICH THOSE ANSWERS WILL BE GIVEN ON THE 16TH, THE AUDIENCE WILL NOT GET TO SPEAK AGAIN. THIS IS THE ONLY PUBLIC HEARING FOR THIS CASE. OKAY, SO WITHOUT ANY FURTHER ADO, I JUST WANT TO STRESS, PLEASE BE RESPECTFUL WHEN YOU COME UP, SPEAK LOUDLY SO EVERYONE IN THE BACK OF THE ROOM CAN HEAR YOU. ALSO, PLEASE DON'T CHATTER. 
          TALK AMONGST YOURSELVES WHILE PEOPLE ARE UP HERE TALKING. IT'S VERY DISTRACTIVE THIS, THIS MEETING IS BEING RECORDED. SO AND THERE'S MICROPHONES AND CAMERAS THROUGHOUT THE ROOM. SO IF YOU WANT TO GO BACK AFTER THE MEETING AND SAY, YOU KNOW WHAT? I MISSED HALF OF IT. I WANT TO GO SEE WHAT IT IS. IT'S AT THE TOWN OF HAMBURG WEBSITE UNDER THE PLANNING BOARD, AND YOU CAN WATCH THE WHOLE VIDEO. OKAY, WITH THAT, I WOULD LIKE TO CALL THE SEPTEMBER 2ND, 2026 PLANNING BOARD MEETING TO ORDER. PLEASE RISE FOR THE PLEDGE OF ALLEGIANCE. I PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. MEMBER, PLEASE CALL THE ROLL. MEMBER. PLEASE CALL THE ROLL. FOR THE NAMES. THAT'S WHAT SHE WANTS YOU TO DO. 
          OH, JEEZ. RIGHT HERE. PAGE HERE. JUST LOOK AT US. OH, THERE IT IS. HE'S GOT IT. HE'S GOT IT. 
          OKAY. GO AHEAD. OKAY. CINDY, PRESENT. CAITLYN SHIMURA PRESENT. RICHARD SAJAK HERE. 
          WILLIAM CLARK HERE. BRIAN STEWART HERE. KIM. RYAN HERE. MILTON KWANT HERE. AUGUST TRACY HERE. SO WE HAVE A FULL BOARD THIS EVENING. HOWEVER, FOR THIS FIRST CASE HAMBURG TO EAST S 
          [1. Public Hearing – 7:00 P.M., Hamburg II East ESS, LLC and Hamburg II West ESS,  LLC – Requesting Zoning Board Approval of a Use Variance and Planning Board  Approval for a Change of Use and Site Plan Approval for a Tier 3 battery energy  storage system (BESS) to be located on a 2.7-acre site at 6433 Railroad Avenue ]
LLC AND HAMBURG TWO WEST S S LLC REQUESTING ZONING BOARD APPROVAL AND USE VARIANCE FROM THE PLANNING BOARD FOR A CHANGE OF USE. OUR MEMBER, SHIMURA, WILL BE RECUSING HERSELF AND THEREFORE LEAVING THE TABLE, AND MEMBER KWANT WILL BE FILLING IN FOR HER DURING THIS TIME. DON'T FORGET MY GROCERY LIST. OKAY, SO AT THIS TIME, I'D LIKE TO CALL THE APPLICANT 
          [00:05:12]
TO THE PODIUM. YOU'RE GOING TO GRAB THE MIC AND MAKE SURE YOU SPEAK INTO IT NICE AND LOUD. 
          HELLO? CAN YOU HEAR ME? OKAY, I WOULD GRAB THE MIC. NO, YOU'RE GONNA HAVE TO TAKE THE MIC AND PUT IT IN YOUR HAND. THAT'S THE ONLY WAY YOU'RE GOING TO. EVERYBODY'S GOING TO BE ABLE TO HEAR YOU. TRY THIS. OKAY. IS THIS GOOD? OKAY. HELLO? OKAY. YEAH. ALL RIGHT. GOT THE PRESENTATION UP. OKAY. WELL GOOD EVENING EVERYONE. MY NAME IS JEREMY KAUFMAN. I AM A PROJECT MANAGER IN DEVELOPMENT AT RICH ENERGY. WITH ME TODAY IS SAMANTHA PARKER FAN, WHO IS OUR ENVIRONMENTAL PROJECT MANAGER AT RICK PROJECT COUNSEL IS SEAN HOPKINS, AND CHIEF DANIEL MURRAY IS RIGHT HERE FROM SRG, WHICH IS AGAIN, ENERGY SAFETY RESPONSE GROUP. 
          THEY PREPARED THE HAZARD MITIGATION ANALYSIS AND THE DRAFT EMERGENCY RESPONSE PLAN FOR THIS PROJECT. CHIEF MURRAY IS A RETIRED NEW YORK FIRE DEPARTMENT DEPUTY CHIEF AND WAS FORMERLY THE CHIEF IN CHARGE OF HAZMAT OPERATIONS FOR THE FIRE DEPARTMENT. SO THIS FIRST SLIDE HERE JUST SHOWS ALL OF THE AUGUST 5TH COMMENTS THAT WERE PRESENTED BY THE BOARD. AND WE REALLY JUST DID THIS SO THAT THE RECORD IS VERY CLEAR ABOUT WHAT'S BEEN ADDRESSED. SO EVERY COMMENT THIS BOARD HAS MADE IS ON THE LEFT SIDE, AND THE RIGHT COLUMN SHOWS WHERE THE ANSWER IS AND WHERE IT'S LOCATED. IN THE DOCUMENTS THAT WE'VE SUBMITTED TO THE TOWN. JUST JUST ONE THING I WANTED TO MENTION QUICKLY BEFORE REALLY GETTING STARTED, BUT I JUST REALLY WANT TO BE CLEAR THAT IF YOU FEEL THAT ANYTHING IS STILL UNANSWERED OR NOT ANSWERED WELL ENOUGH, PLEASE LET ME KNOW AND WE WILL SUPPLY IT AS SOON AS WE CAN. SO THE NEXT SLIDE. SO THIS IS KIND OF THE HIGH LEVEL DETAILS OF THE PROJECT. SO IT'S TWO FACILITIES ON ONE PARCEL HAMBURG TWO EAST AND HAMBURG TWO WEST. EACH IS APPROXIMATELY 4.9MW. TEN TESLA MEGAPACK TWO XL UNITS IN TOTAL FIVE PER PROJECT. THE CHEMISTRY HERE IS LITHIUM IRON PHOSPHATE, AND IT WAS SELECTED FOR ITS THERMAL STABILITY ON SIZE. THE FENCED EQUIPMENT AREA FOR BOTH FACILITIES TOGETHER IS ABOUT 14,000FT■!S, WHICH IS ROUGHLY A THIRD OF AN ACRE. SITTING ON A PARCEL ON A PARCEL THAT IS APPROXIMATELY 2.7 ACRES PER FACILITY. JUST FOR CONTEXT, THAT IS ABOUT THE SIZE OF A TENNIS COURT. KEY FEATURE OF THESE BATTERY STORAGE PROJECTS IS THAT IT'S MONITORED REMOTELY 24 HOURS A DAY, INCLUDING WHEN THE SYSTEM IS NOT RUNNING, AND IT CONNECTS TO THE EXISTING DISTRIBUTION LINE TO THE GRID ON RAILROAD AVENUE. SO NEXT. SO PROJECT BEING LOCATED OFF OF RAILROAD AVENUE. IT'S IN LAKEVIEW. THE THING I MOST WANT YOU TO NOTICE FROM THIS IMAGE IS THE TWO ACTIVE RAILROADS ON BOTH SIDES OF THE PARCEL. THAT SHAPES ALMOST EVERYTHING ABOUT THIS PARCEL. THE DENSE EXISTING VEGETATION SCREENS THE PARCEL ON ALL SIDES, AND THAT IS RETAINED OUTSIDE OF THE CLEARING LIMIT. THERE ARE NO WETLANDS ON THE PARCEL, THE DECK OR THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION CONFIRMED THAT IT HAS NO JURISDICTION. A DELINEATION WAS DONE IN IN 2025, WHICH FOUND NONE. THE TOPOGRAPHY IS MOSTLY FLAT ACROSS 2.7 ACRES, SO. SO WHY THIS SITE? AND HERE WHAT WE HAVE IS A DIRECT ANSWER TO WHAT MEMBER. STEWART ASKED ON AUGUST 5TH, WHICH WAS WHY HERE AND NOT SOMEWHERE ELSE? WE SCREENED PARCELS ACROSS THE AREA AGAINST INTERCONNECTION CAPACITY, 
          [00:10:02]
PARCEL SIZE, SLOPE, WETLANDS, RAILROAD CONSTRAINTS, OWNERSHIP AND WHETHER THE OWNER WAS WILLING TO TRANSACT OR COMMIT TO A LEASE WITH US. BOTH THE FEASIBILITY MAP AND THE PARCEL BY PARCEL ANALYSIS WAS SUBMITTED TO THIS BOARD ON MAY 3RD, AND I'M GLAD TO WALK ANYONE THROUGH THAT AGAIN AT ANY POINT. WHAT WE ENDED UP WITH HERE IS A PARCEL WITH LIMITED FRONTAGE AND A NARROW, BUILDABLE STRIP BETWEEN TWO RAILROADS WITH IMMEDIATE ACCESS TO THE DISTRIBUTION LINE. AND THE POINT I WANT TO DRAW OUT OF THAT IS THAT THOSE SAME FEATURES MAKE IT A POOR FIT FOR THE HOMES, SHOPS, SCHOOLS, OFFICES OR LODGING THAT NEIGHBORHOOD COMMERCIAL ZONING CONTEMPLATES. LAST PIECE HERE IS JUST ON THE RAILROADS. SEE IN NORFOLK SOUTHERN WERE BOTH FORMERLY NOTICED DURING COORDINATED REVIEW. NEITHER RETURNED COMMENT. I DID SEE THE REQUEST THAT CAME IN TODAY FROM THE TOWN TO TRY TO GET IN TOUCH WITH THE FEDERAL RAILROAD ADMINISTRATION. SINCE WE HAVEN'T HEARD BACK FROM EITHER OF THESE COMPANIES. QUITE HONESTLY, I WAS NOT ABLE TO GET IN TOUCH WITH THEM. THEY DIDN'T ANSWER, BUT I DID LEAVE A VOICEMAIL. SO I WILL TELL YOU THAT I SPOKE WITH CSX THROUGH THE FEDERAL RAILROAD ADMINISTRATION LAST WEDNESDAY, SO I PROVIDED THAT INFORMATION TO YOUR ATTORNEY. OKAY. EITHER WAY, I, I HOPE I CAN GET IN TOUCH WITH THEM DIRECTLY TOO, AND I'LL KEEP TRYING THEM. SO THIS NEXT SLIDE HERE IS, IS WHAT THE RECORD SHOWS THE PUBLIC RECORD SHOWS FOR PRIOR INCIDENTS LAST MEETING. AND I GUESS IN THE PAST GOING THROUGH PERMITTING HERE, THE BOARD HAS ASKED US TO BE PRECISE ABOUT THESE INCIDENTS AT OTHER FACILITIES. WE COMPILED PUBLICLY REPORTED UTILITY SCALE INCIDENTS IN THE UNITED STATES FROM 2021 TO 2025, PLUS EVERY UTILITY SCALE TESLA MEGAPACK INCIDENT WORLDWIDE THAT WE COULD IDENTIFY. THE FULL TABLE IS IN OUR AUGUST 19TH LETTER THAT WE SUBMITTED TO THE PLANNING BOARD. WE DO NOT PRESENT THAT TABLE AS A COMPLETE GOVERNMENT REGISTRY. 
          IT IS WHAT THE PUBLIC RECORD SHOWS. IT IS NOT A CLAIM THAT NOTHING HAS EVER HAPPENED. 17 INCIDENTS ARE IN THE TABLE. SIX OF THEM INVOLVE TESLA, MEGAPACKS AND THE PUBLIC RECORDS IDENTIFY THOSE AS FIRST GENERATION MEGAPACK MEGAPACK TWO OR AN UNSPECIFIED NMC MODEL. 
          AS OF AUGUST 18TH OF THIS YEAR, WE FOUND NO PUBLICLY REPORTED INCIDENT IDENTIFIED AS A MEGAPACK TWO XL, WHICH IS THE UNIT PROPOSED HERE. THE CHART THAT YOU SEE HERE IS E, PRI OR ELECTRIC POWER RESEARCH INSTITUTE. DATA FAILURE INCIDENTS PER GIGAWATT HOUR DEPLOYED FELL SHARPLY FROM 2018 THROUGH 2024, AND I'LL HAND OFF THE NEXT FEW SLIDES TO CHIEF MURRAY HERE. GOOD EVENING. OKAY, SO LIKE I SAID, I WAS THE CHIEF IN CHARGE OF HAZMAT OPS FOR FDNY. I'M CURRENTLY ALSO THE CHIEF OF THE ROCKLAND COUNTY ALL VOLUNTEER HAZMAT TEAM, AND I'M A VOLUNTEER DEPUTY CHIEF IN MY TOWN. SO I UNDERSTAND THE PROFESSIONAL VERSUS VOLUNTEER RESPONSE. AND ONE OF THE THINGS I DO FOR SRG TYPICALLY IS I TRAIN THE FIRE DEPARTMENTS AND BATTERY MANAGEMENT AND, AND FIRE ISSUES. SO ABOUT THE, THE MEGAPACK TWO XL, THERE'S A LOT OF DIFFERENT BATTERIES OUT THERE ON THE MARKET IN NEW YORK STATE. WE HAVE THE STRICTEST FIRE CODE IN THE COUNTRY RIGHT NOW. IT WENT INTO EFFECT JANUARY 1ST. AND THE REASON FOR THAT WAS WE HAD THREE INCIDENTS OF FIRES IN THE STATE IN 2023. THERE WAS ONE UPSTATE IN CHEMUNG, NEW YORK. THERE WAS ANOTHER ONE ON LONG ISLAND, AND THERE WAS ONE IN WARWICK, NEW YORK, WHICH IS CLOSE TO WHERE I LIVE DOWN IN ROCKLAND COUNTY. AND AFTER THAT, THE GOVERNOR PUT TOGETHER A WORKING GROUP TO ADDRESS BESS IN THE STATE, AND THEY CAME UP WITH A VERY STRICT FIRE CODE. SOME OF THE HIGHLIGHTS OF THE FIRE. CAN YOU GUYS HEAR ME? ALL RIGHT. OKAY, 
          [00:15:04]
OKAY. ALL RIGHT. BETTER OFF JUST YELLING. SO HOW'S THIS? BETTER. ALL RIGHT. SORRY. SO SOME OF THE HIGHLIGHTS OF THE STATE LAW. AND IF YOU GUYS ALL KNOW THIS, YOU CAN STOP ME NOW. 
          BUT ESSENTIALLY, THERE'S A PEER REVIEW THAT'S DONE BEFORE THE SYSTEM CAN BE PUT INTO OPERATION. THAT'S ONE OF THE THINGS WE DO AT ESRG ENERGY SAFETY RESPONSE GROUP. OUR COMPANY IS MADE UP PRETTY MUCH ALMOST ENTIRELY OF FIRE SERVICE PEOPLE, EITHER RETIRED OR ACTIVE. AS A CHIEF IN CHARGE OF HAZMAT OPS IN NEW YORK CITY, I WAS INVOLVED IN DEVELOPING FIREFIGHTING PROCEDURES FOR ANYTHING TO DO WITH LITHIUM ION BATTERIES, WHETHER IT WAS, YOU KNOW, THE SMALLEST PHONE BATTERY UP TO THESE BATTERY ENERGY STORAGE SYSTEMS. WE ALSO DEVELOPED A FIRE CODE AND SOME FIRE AND SOME ACTUALLY SOME LAWS IN THE CITY COUNCIL REGULATING BATTERIES. SO NEW YORK CITY IS ONE OF THE TOUGHEST PLACES TO AS FAR AS FIRE CODE GOES. AND A LOT OF THE THE STATE CODE WAS ADOPTED FROM WHAT WE DID IN THE FDNY AND OUR PEOPLE IN HAZMAT OPERATIONS AND AN ESRG SAT IN TO DEVELOP THE STATE CODE IN THAT WORKING GROUP. SO THAT'S JUST ONE THING I WANT TO POINT OUT TO ADDRESS THIS SLIDE HERE ABOUT THE MEGA PACK TWO XL. AS PREVIOUSLY MENTIONED, IT'S LITHIUM IRON PHOSPHATE CHEMISTRY ON THE BATTERY CELL LEVEL, WHICH IS A SAFER CHEMISTRY THAN YOU'RE GOING TO FIND IN MOST OF YOUR DEVICES. LIKE THESE LAPTOPS AND PHONES WE HAVE IS NICKEL, MANGANESE, COBALT. OTHERWISE KNOWN AS NMC. AND THE REASON THEY USE THAT CHEMISTRY AND THE SMALLER DEVICES AND A LOT OF THE ELECTRIC VEHICLES AND IN E-BIKES AND ALL THESE THINGS IS BECAUSE IT'S MORE ENERGY DENSE. SO FOR SIZE AND WEIGHT, IT CAN HOLD A LOT MORE ENERGY FOR BATTERY ENERGY STORAGE SYSTEM IN A DEVICE LIKE WE'RE DISCUSSING TONIGHT, THE WEIGHT AND SIZE IS LESS OF AN ISSUE BECAUSE IT'S MOUNTED ON A CONCRETE PAD. SO WE CALL IT MORE LIKE A MACK TRUCK OF BATTERIES, AS OPPOSED TO WHAT'S IN YOUR PHONE IS MORE LIKE A THE FERRARI OF BATTERIES. SO IT'S A SAFER CHEMISTRY. IT'S LESS LIKELY TO GO INTO THERMAL RUNAWAY. BUT OF COURSE IT CAN. IT DOES HAPPEN. IT'S VERY RARE. LAST YEAR THERE WERE SIX INCIDENTS IN NORTH AMERICA FOR THOUSANDS OF THESE SYSTEMS THAT ARE UP AND RUNNING IN NEW YORK CITY. WE HAVE THEM IN ALL FIVE BOROUGHS SUPPORTING OUR ELECTRICAL GRID. WE HAVE THEM SQUEEZED, YOU KNOW, THE NEXT IS SCHOOLS AND CHURCHES AND BATTERY AND, YOU KNOW, MULTIPLE DWELLINGS. THEY'RE ON THE ROOFS OF BUILDINGS. WE HAVE ONE ON THE ROOF OF THE BARCLAYS CENTER AT JFK AIRPORT AT THE JAVITS CENTER. SO WE'VE HAD THEM AROUND FOR A LONG TIME. OUR FIREFIGHTERS ARE TRAINED HOW TO DEAL WITH IT, AND THAT TRAINING IS WHAT IS DELIVERED TO YOUR LOCAL FIRE DEPARTMENT UP HERE. AND THAT'S DONE BEFORE THE SYSTEM GOES ONLINE. IT'S A VERY THOROUGH TRAINING. I'M ONE OF THE PEOPLE WHO DO IT. WE HAVE A FEW GUYS WHO DO THAT TRAINING. 
          IT INVOLVES SOME CLASSROOM AND THEN WE MOVE ON TO WE GO OVER TO THE SITE. WE DO A SITE WALKTHROUGH WITH THE FIREFIGHTERS. I USUALLY SPEAK TO THE CHIEFS PRIOR TO THAT TRAINING. I TELL THEM TO INVITE THE SURROUNDING DEPARTMENTS AND ANYBODY ELSE WHO WOULD BE INTERESTED IN SITTING THROUGH THE TRAINING, INCLUDING THE PEOPLE WHO WORK FOR THE TOWN IF THEY WERE INTERESTED, THE ZONING PEOPLE AND THE TOWN ENGINEERS AND ALL THAT. SO THAT'S ONE OF THE THINGS WE DO. OH, WAIT, GO BACK ONE, PLEASE. THE NEXT BOX OVER THERE, THE BATTERY MANAGEMENT. I'M JUST BREAKING DOWN HOW THE SYSTEM WORKS. ANY QUALITY BATTERY HAS A BATTERY MANAGEMENT SYSTEM, WHICH IS A COMPUTER THAT MONITORS THE HEALTH, CURRENT, SAFETY AND TEMPERATURE OF AND VOLTAGE OF EVERY CELL IN THE SYSTEM. SO A ONE OF THESE BES CABINETS THAT WE SAW THE PICTURE OF EARLIER CAN HAVE THOUSANDS OF BATTERY CELLS WITHIN IT. EVERY CELL IS MONITORED REMOTELY. TESLA WILL MONITOR AT THEIR REMOTE FACILITY, AND THE DEVELOPER WILL ALSO HAVE THEIR OWN REMOTE FACILITY. SO IF THERE'S ANY ANOMALY OR ANYTHING IS PICKED UP THAT'S GOING WRONG WITH THE BATTERY, IT'LL AUTOMATICALLY SHUT DOWN THE SYSTEM AND A TECHNICIAN WILL RESPOND TO TAKE A LOOK AND SEE WHAT'S GOING ON WITH IT, JUST TO MAKE IT EASIER TO UNDERSTAND IF YOU EVER, IF YOU'VE EVER LEFT YOUR CELL PHONE IN YOUR CAR OR OUT IN THE SUN AND IT SHUTS ITSELF DOWN, THAT'S YOUR BATTERY MANAGEMENT 
          [00:20:04]
SYSTEM PROTECTING THE BATTERY FROM GOING ON FIRE. BUT THIS IS OBVIOUSLY A LITTLE BIT MORE COMPLICATED BECAUSE IT'S A BIGGER SYSTEM AND IT'S A MUCH MORE ROBUST BATTERY MANAGEMENT SYSTEM THAN YOU'RE GOING TO FIND IN YOUR TYPICAL DEVICE. A LOT OF TIMES WHEN YOU HEAR LITHIUM ION BATTERY FIRES GOING ON, LIKE WITH THE E-BIKES, THEY DON'T HAVE A GOOD BATTERY MANAGEMENT SYSTEM, OR THE PERSON MAY HAVE REMOVED IT TO ALTER THE PERFORMANCE OF THE BATTERIES. THERMAL MANAGEMENT, JUST TO WHEN YOU HEAT, WHEN YOU CHARGE AND DISCHARGE A BATTERY, IT CAN HEAT UP. SO THEY HAVE A COOLING SYSTEM. IT'S BASICALLY AN HVAC FOR THE BATTERIES TO KEEP THEM AT A DESIRABLE TEMPERATURE. FOR BOTH PERFORMANCE AND SAFETY. YOU'LL SEE THAT WITH YOUR PHONE TOO. WHEN YOUR PHONE'S DOING SOMETHING COMPLICATED OR YOU'RE CHARGING IT, IT TENDS TO HEAT UP. YOU'VE HEARD THE TERM THERMAL RUNAWAY. THAT'S WHEN THERE'S A PROBLEM WITH THE BATTERY CELL. OH, THAT'S THUNDER. THAT'S THE BATTERY OUTSIDE. THAT'S BATTERY. SO YOU HEARD THE TERM THERMAL RUNAWAY. THAT'S ESSENTIALLY A BATTERY HEATING FASTER THAN IT CAN BE COOLED. AND THAT'S WHEN WE HAVE A PROBLEM WITH THE BATTERY CELL. 
          SO THAT'S WHY WE HAVE THIS BATTERY MANAGEMENT SYSTEM TO MONITOR THAT FROM PREVENT IT FROM HAPPENING. AND ALSO THE COOLING SYSTEM. THE NEXT BOX IS THE DEFLAGRATION CONTROL. WHEN A BATTERY GOES INTO THERMAL RUNAWAY IT CAN OFF GAS FLAMMABLE GASES. AND THE TESLA MEGA PACK TWO XL HAS A A SYSTEM OF SPARKERS WITHIN THE CONTAINER THAT ARE. THEY'RE LIKE BASICALLY THE SAME SPARK PLUGS YOU FIND IN A CAR. THERE'S SEVERAL OF THEM IN THE CONTAINER, AND THEY'RE CONSTANTLY SPARKING, EVEN DURING SHIPPING, WHEN THE SYSTEM IS SHUT DOWN, THEY'RE ALWAYS SPARKING. SO IF THERE'S ANY KIND OF FLAMMABLE GAS RELEASE WITHIN THE CONTAINER, IT IGNITES THOSE GASES BEFORE THEY CAN BUILD UP TO A TO AN EXPLOSIVE ATMOSPHERE. AND THEN AND THERE'S ALWAYS LIKE REDUNDANT SYSTEMS BUILT IN. IT ALSO HAS A IT'S CALLED THE NFPA SIX EIGHT SYSTEM, NFPA, NATIONAL FIRE PROTECTION ASSOCIATION AND UNDERWRITERS LABORATORY ARE THE TWO MAIN GOVERNING BODIES WHEN IT COMES TO. STANDARDS FOR THESE SYSTEMS. THERE'S VENTS ON THE ROOF. THEY'RE BASICALLY DOORS THAT WHEN THE SYSTEM IS OVERPRESSURIZED, THEY OPEN UP. AND IF THERE WERE A DEFLAGRATION, THE FORCE OF THE DEFLAGRATION WOULD GO VERTICALLY. AND THAT IS ESSENTIALLY TO PROTECT IF THERE WERE ANY RESPONDING FIREFIGHTERS NEARBY, TO MAKE SURE THAT NOTHING WOULD PUT THEM IN ANY KIND OF DANGER. THE ELECTRICAL ISOLATION, LIKE I MENTIONED EARLIER, IF THERE'S AN ISSUE, THE SHUTDOWNS ARE AUTOMATIC AND THEY CAN ALSO BE DONE MANUALLY FROM THE REMOTE CENTER AND FOR THE ENCLOSURE, SOME OF THE OLDER SYSTEMS, AND WE HAVE SOME IN NEW YORK CITY, BASICALLY PRE NFPA 855, WHICH IF IF YOU WANT TO DO SOME LIGHT READING, THAT'S THE NFPA GUIDANCE ON STATIONARY ENERGY STORAGE SYSTEM, WHICH ALL THESE SYSTEMS GOING IN IN NEW YORK HAVE TO STRICTLY FOLLOW. IT'S. THE OLDER ONES WERE WALK INS WHERE THE SERVICE TECHNICIAN WOULD OPEN THE DOOR TO THE CABINET AND GO INSIDE THE SERVICE, THE BATTERIES, NOBODY MAKES THEM ANYMORE. SO THEY'RE OUTSIDE SERVICE. THERE'S DOORS ON THE OUTSIDE WHERE A TECHNICIAN WOULD SERVICE THOSE UNITS. YOU CAN GO TO THE NEXT SLIDE, PLEASE. SO THERE WAS A QUESTION ABOUT WHAT THE HAZARD MITIGATION ANALYSIS IS. THIS IS SOMETHING WE DO AT ESR ALONG WITH THE EMERGENCY RESPONSE PLAN. THESE ARE THE TWO MOST IMPORTANT DOCUMENTS THAT ARE PRESENTED TO THE TO THE TOWN AND TO THE FIRE DEPARTMENT. THE HAZARD MITIGATION ANALYSIS, OTHERWISE KNOWN AS THE HMA. IT BASICALLY REVOLVES AROUND WHAT'S CALLED UL 90, 95, 40, WHICH IS THERE'S THE UNDERWRITER'S LABORATORY, AND EVERYBODY PROBABLY HAS HEARD OF UNDERWRITER'S LABORATORY. IT'S BASICALLY REGULATES EVERYTHING. 
          WE BUY CONSUMER PRODUCTS, YOU KNOW, YOUR LAPTOPS, YOUR CHARGERS ARE ALL GOING TO HAVE A UL STAMP ON IT. IF YOU'RE GOING TO BUY ANYTHING WITH A, WITH A LITHIUM ION BATTERY, I ALWAYS RECOMMEND MAKE SURE IT HAS LEGITIMATE UL STAMP ON IT BECAUSE THAT MEANT MEANS IT WENT THROUGH VERY THOROUGH TESTING. UL 9540 A IS THE TESTING. PROCEDURE THAT IS DONE 
          [00:25:12]
OR DONE UNDER THE SUPERVISION OF UNDERWRITER'S LABORATORY, WHERE THEY FORCE A BAT ONE OF THE BATTERY CELLS INTO THERMAL RUNAWAY AND MEASURE WHAT HAPPENS. AND THEN FROM THERE THEY TEST A BATTERY MODULE, WHICH IS ESSENTIALLY THERE'S SEVERAL BATTERY MODULES INSIDE OF EACH OF THESE CONTAINERS, AND THEY TEST THAT TO TRY TO FORCE IT. WELL, THEY WILL FORCE SOME OF THE CELLS INTO THERMAL RUNAWAY. BUT WHAT THEY'RE TESTING FOR THERE IS PROPAGATION. AND PROPAGATION IS REALLY HAD IS THE THING THAT INDUSTRY HAS TRIED TO PREVENT FROM HAPPENING BECAUSE THERMAL RUNAWAY CAN HAPPEN. EVERYBODY SHUT THEIRS OFF AND TURN IT BACK ON. WE'RE NOT UP. OH, THERE WE GO. TEST, TEST, TEST. OKAY, JUST TOOK A MINUTE TO RESET. HELLO? OKAY. LET'S BACK UP. A TORNADO WATCH. YEAH. ALL OF WESTERN NEW YORK, BASICALLY. 
          WE'RE IN THE BASEMENT. WE NEED TO GET IT ON THE PHONE. THE COMPUTER RESET. SO RESET. RESET. 
          I'M SORRY, I SAID I THINK IT DID RESET. CALL. JOHN. SHE'S TRAVELING. WHO'S THE GUY? JEFF. 
          JEFF. JEFF, I DON'T THINK I HAVE THIS, BUT I HAVE, I THINK OUT OF COUNTRY TRAVELERS UNTIL TUESDAY OR WEDNESDAY OR SOMETHING. SO. YEAH. THIS IS THIS IS A. THIS IS A THING CALLED THERE'S NO RECORDING RIGHT NOW. YEAH. SO I GUESS IF THAT HAPPENED, I WOULDN'T REMEMBER. THE LIGHTS CAME ON AS LONG AS THE LIGHTS CAME BACK ON, I WOULDN'T IT WOULD BE SOMETHING THAT KIND OF STUCK WITH YOU, YOU KNOW. HOW ARE THEY? YEAH, YEAH. THERE WERE 
          [00:30:14]
TIMES WHEN I WAS DRIVING BANDS AND THINGS THAT WOULD BE CANCELED, BUT ARE WE BACK UP? NO. GENTLEMEN, WE'RE BACK UP. OKAY. COULD WE, LIKE, TEST ONE, TWO. WE'RE BACK UP. IF I CAN BRING THE AUDIENCE BACK TO HEARING. AND I'M NOT QUITE SURE YOU WERE TALKING ABOUT, YOU WENT INTO ABOUT THE PROPAGATION. YES. OKAY. SO AND IF YOU CAN LIKE, OH, I'M SORRY. YEAH. ALL RIGHT. I'LL TRY TO SPEED IT UP. SO PROPAGATION ESSENTIALLY IS ONE, ONE BATTERY, ONE BATTERY CELL GOES INTO THERMAL RUNAWAY. IS THIS WORKING? YEAH. YEAH. IT'S WORKING. AND IT HEATS UP A NEIGHBORING CELL THAT'S PROPAGATION. OR ONE MODULE GOES ON FIRE AND HEATS UP A NEIGHBORING MODULE. OR ONE CONTAINER GOES ON FIRE AND HEATS UP A NEIGHBORING CONTAINER. THAT'S WHAT UL 9548 TESTING IS DESIGNED TO PREVENT. SO AFTER THE MODULE TEST, WE DO WHAT'S CALLED A FULL SCALE DESTRUCTIVE TEST OF THE UNIT, WHEREAS WE FORCE THE ENTIRE UNIT TO GO INTO THERMAL RUNAWAY USUALLY REQUIRES SOME PROPANE TORCHES. IT'S SOMETHING WE DO AT YSG, AND FROM THERE WE MEASURE HEAT FLUX. WE MEASURE THE GASES THAT COME OFF OF IT. 
          AND IT'S IT'S AN EXPENSIVE TEST. IT COST OVER $1 MILLION TO DO THIS FOR THE, FOR THE COMPANY, YOU KNOW, FOR IN THIS CASE, TESLA. AND THAT'S HOW WHEN YOU SEE. THE SITE OF THE WITH THE MULTIPLE MEGA PACKS AND YOU SEE THE SPACING BETWEEN THE UNITS, THAT'S ALL DETERMINED FROM THIS TEST WHERE THEY DO THE HEAT FLUX ANALYSIS. AND THE IDEA IS IF ONE CONTAINER WERE TO FAIL, WE DON'T WANT IT SPREADING TO THE ADJOINING CONTAINER. WHEN WE TRAIN THE FIREFIGHTERS ON THESE INCIDENTS, IF THEY WERE TO PULL UP AND THERE WAS A FULL CONTAINER ON FIRE, THE TRAINING IS TO NOT ENTER THE SITE AS WE WOULD DO WITH ANY ELECTRICAL SITE LIKE A SUBSTATION. WE FIREFIGHTERS DON'T ENTER THESE SITES AND TO LET IT CONSUME ITSELF, WE DON'T PUT WATER ON IT. WE LET THE THING BURN ITSELF OUT. ESSENTIALLY, WE DO LIKE TO HAVE THEM STANDING BY WITH AN ENGINE COMPANY AND A HOSE LINE IN CASE THOSE BATTERY MANAGEMENT SYSTEMS THAT WE SPOKE OF AND THEY'RE GOING TO HAVE BEFORE THEY EVEN ARRIVE, THE COMPANY IS GOING TO BE UP THERE GIVING THEM ALL THE INFORMATION TO THE FIRE CHIEF TO ENSURE THAT IF THERE WAS A ADJOINING CONTAINER THAT WAS POSSIBLY HEATING UP, WE WOULD ASK THEM TO COOL THAT CONTAINER WITH A WITH A FOG LINE. AND THAT'S ESSENTIALLY HOW IT WORKS. WE HAD ONE IN WARWICK AT THE END OF 2025, WHICH IS CLOSE TO WHERE I LIVE. I WENT UP AND INTERVIEWED THE CHIEF AND THAT'S EXACTLY WHAT THEY DID. THESE WERE OLD BATTERIES THAT THIS MANUFACTURER WENT OUT OF BUSINESS BECAUSE THEY'RE BASICALLY THEY WERE POORLY BUILT BATTERIES, BUT THEY HAD A FIRE. IT WAS IT WAS BURNING. IT WAS ONE OF THE SIX FIRES THAT OCCURRED IN THE IN NORTH AMERICA LAST YEAR. AND AND HE PULLED UP. HE SAID IT WAS BURNING. HE ACTUALLY LEFT HIS ENGINE COMPANY AND THE MEMBERS BACK IN QUARTERS BECAUSE HE KNEW HE WASN'T PUTTING WATER ON IT. AND THEY JUST BASICALLY HAD THE HAZMAT TEAM SET UP AIR MONITORING TO SEE WHAT KIND OF GASES WERE COMING OFF. AND THE RESULTS OF THAT AIR MONITORING IS AVAILABLE. IF ANYBODY WANTS THAT. AND SO THAT'S WHAT WE CALL A SUCCESSFUL FAILURE. SO IF THEY DO FAIL, IT'S NOT YOU DON'T NEED THE NEW YORK CITY FIRE DEPARTMENT TO BE THERE. ANY FIRE DEPARTMENT CAN HANDLE THIS. TRYING ANYTHING ELSE HERE. OKAY. WHAT'S THE NEXT SLIDE? OH, SO THE ERP THIS IS SOMETHING THAT WE DEVELOP. THIS IS A DOCUMENT FOR THE FIRE DEPARTMENT. AND IT'S AVAILABLE ON SITE FOR THEM. AND ALSO, YOU KNOW, THE THE CHIEF WILL HAVE THAT IN HIS CAR OR HOWEVER THEY OPERATE AND USUALLY IN A BINDER OR ON THEIR IPAD OR WHATEVER. AND IT BASICALLY GIVES THEM A, ALL THE INFORMATION THEY NEED IF THERE'S AN INCIDENT. BECAUSE IF THERE IS, THERE'S SMOKE DETECTORS, THERE'S GAS DETECTION, THERE'S HEAT DETECTION, ALL BUILT INTO THESE SYSTEMS, WHICH SETS OFF AN ALARM, JUST LIKE IF A SMOKE DETECTOR IN HERE WENT OFF, IT WOULD SET OFF. IT WOULD SEND A SIGNAL TO A CENTRAL STATION, WHICH WOULD DISPATCH THE FIRE DEPARTMENT. IT'S THE SAME TYPE OF SYSTEM SO THE FIRE DEPARTMENT COULD SHOW UP. IT'S 
          [00:35:01]
PRETTY RARE, I BELIEVE, IN NEW YORK CITY. IT'S ONLY HAPPENED A FEW TIMES. THE FIRE DEPARTMENT SHOWS UP AND THERE'S NOTHING GOING ON BECAUSE THERE WAS NO PROPAGATION. MAYBE ONE CELL DID GO INTO THERMAL RUNAWAY AND IT DIDN'T PROPAGATE. IT SET OFF THAT DETECTOR, OR SOMETIMES IT WAS SOME OTHER WIRING IN THE SYSTEM. AND THEY AND NEW YORK STATE LAW, ONE OF THE HIGHLIGHTS OF THE NEW YORK STATE FIRE CODE IS WITHIN 15 MINUTES, THE SUBJECT MATTER EXPERT HAS TO BE ON THE PHONE WITH THE CHIEF. IN REALITY, IT'S GOING TO BE BEFORE THE CHIEF PROBABLY GETS INTO HIS CAR. THEY'RE GOING TO BE TRYING TO REACH OUT TO HIM. ANOTHER PART OF THE STATE CODE IS WITHIN FOUR HOURS. THE SUBJECT MATTER EXPERT HAS TO BE STANDING NEXT TO THAT INCIDENT COMMANDER. ONCE AGAIN, THAT FOUR HOUR RULE IS WRITTEN BECAUSE SO MANY SYSTEMS ARE UP IN THE ADIRONDACK MOUNTAINS, WHERE IT WOULD TAKE A LONG TIME FOR PEOPLE TO GET THERE. IN A CITY LIKE BUFFALO WOULD BE A LOT FASTER. SO THAT THAT'S THAT'S AN IMPORTANT PART OF THE NEW YORK STATE CODE. AND NEW YORK STATE IS THE ONLY STATE IN THE COUNTRY THAT HAS THAT RULE PUT IN. I THINK IT'S VERY IMPORTANT BECAUSE, YOU KNOW, THE FIRE CHIEF IS DEFINITELY GOING TO WANT TO KNOW WHAT'S GOING ON WITH THE BATTERY MANAGEMENT SYSTEM AND HAVE SOME KIND OF SUPERVISION. AND THE WARWICK FIRE, THE FIRE CAME IN AT 10:30 P.M. BY 3 A.M. THE NEXT MORNING, THE FIRE DEPARTMENT WAS RELEASED FROM THE SCENE, AND THE SUBJECT MATTER EXPERTS ESSENTIALLY TOOK OVER THE RESPONSIBILITY FOR THE JOB. I THINK THAT COVERS EVERYTHING. THANK YOU. OKAY. THANK YOU. ANYTHING? ANYTHING ELSE? EXCUSE ME. MAY I HAVE YOUR NAME, PLEASE? MAY I? YES. YOUR NAME? DANIEL MURRAY. AND IT'S FROM ESRG. ALRIGHT. THANK YOU DANIEL. THANK YOU. SO, BECAUSE THIS IS A PUBLIC HEARING, AND I DO REALIZE THAT THE INFORMATION THAT YOU'RE PRESENTING IS NEW TO OR AN UPDATE, HOW MUCH MORE DO YOU HAVE? JUST A THREE MORE THINGS I WANT TO TOUCH ON. I'LL TRY TO BE FAST BECAUSE WE WEREN'T PREPARED FOR THIS. I'M JUST GOING TO LET YOU KNOW THAT THE PRESENTATION, WE WERE PREPARED THAT THERE WAS GOING TO BE A LENGTHY PRESENTATION TONIGHT. 
          OKAY. OKAY. WELL, COMING BACK TO SITE ACCESS QUICKLY. OKAY. IS THIS BETTER? YOU GOT TO GRAB THE MIC. IT'S NOT GOING TO WORK. THERE'S AN EXISTING HYDRANT ON LAKEVIEW ROAD. THAT IS AN ADDITIONAL RESPONSE RESOURCE. AND CURRENT MAPPING INDICATES A HOSE LINE CAN REACH THE SITE WITHOUT CROSSING EITHER RAILROAD. RIGHT OF WAY LOCATION FLOW AND THE PREFERRED ROUTE ALL GET CONFIRMED WITH THE FIRE DISTRICT DURING PRE-INCIDENT PLANNING ON STRATEGY. TESLA'S PUBLISHED RESPONSE GUIDE CALLS FOR A DEFENSIVE POSTURE. WATER ON AN INVOLVED ENCLOSURE DOES NOT STOP THERMAL RUNAWAY, SO WATER STAYS AVAILABLE FOR PROTECTING WHAT IS AROUND THE SITE AT INCIDENT COMMAND'S DISCRETION. ON AUGUST 24TH, WE MET WITH CHIEF HAUSER, WITH THE CHAIRWOMAN TOGETHER WITH ESRG. AS THE BOARD HAD REQUESTED. WHAT WE COMMITTED TO AT THAT MEETING WAS TRAINING FOR THE LAKEVIEW FIRE DISTRICT AND FOR ANYONE ELSE. THE TOWN AND THE FIRE DISTRICT WOULD LIKE TO HAVE ATTEND AT OUR EXPENSE. ANOTHER BIG THING THAT CAME UP AT THE LAST MEETING RAILROAD VIBRATION AND PREVENTATIVE MAINTENANCE. SO I DO WANT TO BE CAREFUL WITH THIS ONE AND TELL YOU THE LIMIT OF OUR EVIDENCE. THEN OVERSELL IT. THE QUESTION IS WHETHER LONG TERM VIBRATION FROM PASSING TRAINS COULD AFFECT THE CELLS, THE MODULES, THE CONNECTIONS, OR THE SUPPORTS. OUR DESIGN CONTEXT IS THIS THE MEGAPACK TWO XL CARRIES A SEISMIC CERTIFICATION OF 2.5 G, ESTABLISHED BY SHAKE TABLE TESTING. THE SEISMIC DESIGN VALUE FOR THIS SITE IS ABOUT 0.13 G. I OFFER THAT AS DESIGN CONTEXT. IT'S NOT A FORMAL SAFETY FACTOR, AND IT'S NOT A STUDY OF RECURRING LOW LEVEL TRAIN VIBRATION. WE HAVE NOT DONE THAT. THE UNITS SIT ON ENGINEERED FOUNDATION PADS WHICH DAMPEN GROUND BORNE VIBRATION. BUT THE REAL CONTROL IS THAT TESLA'S MAINTENANCE REQUIREMENTS INCLUDE ANNUAL INSPECTION OF THE ANCHOR TALK MARKS AND SPECIFIED TORQUE CHECKS. THIS IS HOW LOOSENING OR MOVEMENT OVER TIME ACTUALLY GETS CAUGHT, AND THOSE REQUIREMENTS WILL BE CARRIED INTO THE OPERATION AND MAINTENANCE PLAN, WE SUBMIT. WITH THE SITE PLAN APPLICATION, WE CAN MEASURE GROUND BORNE VIBRATION AT THE SITE DURING ACTUAL TRAIN PASSES AND REPORTED AGAINST PUBLISHED THRESHOLDS. IN PARALLEL, WE'D ASKED TESLA FOR AN EQUIPMENT 
          [00:40:02]
TOLERANCE, WHICH IS INFORMATION ONLY THEY HAVE. IF THE BOARD WANTS THAT, TELL US AND WE WILL GET IT TAKEN CARE OF. NEXT SLIDE. SO NOISE WAS ANOTHER BIG TOPIC AT THE LAST MEETING. SO TRC, OUR CIVIL ENGINEERING CONSULTANTS, HAD PREPARED THE NOISE ASSESSMENT. AND I WANT TO JUST EMPHASIZE HOW CONSERVATIVE THE MODELING WAS. BEFORE I GIVE YOU THE NUMBER, THEY MODELED THE NEAREST RESIDENCE AT MAXIMUM COOLING DEMAND, WHICH IS A HOTTEST DAY CONDITION AND NOT THE NORMAL ONE. AND THEY TOOK NO CREDIT AT ALL FOR THE SOUND REDUCTION FROM THE EXISTING OFFSITE VEGETATION. AND THERE'S A LOT OF IT OUT THERE. UNDER THESE ASSUMPTIONS. 
          THE PREDICTED MAXIMUM ONE HOUR SOUND LEVEL AT THAT RESIDENCE IS 44.7DB, AGAINST THE TOWN'S STANDARD OF 45. FOR CONTEXT, FOR CONTEXT ABOUT THIS PROJECT'S ABOUT A THIRD OF A MILE BY ROAD TO SAINT JOHN PAUL II CATHOLIC COMMUNITY, ABOUT 4/10 OF A MILE TO SOUTHTOWNS CATHOLIC SCHOOL, ABOUT A MILE AND A QUARTER TO THE LAKE ERIE SHORELINE. PROXIMITY BY ITSELF IS NOT WHAT DETERMINES EFFECTS. THE SITE SPECIFIC STUDIES ARE. X1, SO I'LL JUST RUN THROUGH THIS ONE QUICKLY. ALMOST THERE. THESE ARE JUST WHAT THE REVIEWING AGENCIES FOUND. SO LET'S KEEP THE PLEASE. LET'S KEEP THE NOISE DOWN SO WE CAN LET HIM FINISH. OKAY, SO WE GOT RESPONSE FROM THE ERIE COUNTY DEPARTMENT OF ENVIRONMENT AND PLANNING AND THE TOWN'S OWN CONSERVATION ADVISORY BOARD. QUICKLY TO TOUCH ON DECK. THEY FOUND NO SIGNIFICANT ENVIRONMENTAL CONCERNS. ERIE COUNTY JUST REQUESTED THAT WE SUBMIT THE NOISE STUDY AND EMERGENCY RESPONSE PLAN. AND THE MOST IMPACTFUL, IN MY OPINION, IS THIS TOWN'S OWN CONSERVATION ADVISORY BOARD. ITS MEMBERS TOURED THE SITE WITH THE LANDOWNER AND REPORTED NO WETLANDS AND NO PROTECTED SPECIES. AFTER DISCUSSING SOUND, LIGHTING, VISUALS AND MONITORING, THE BOARD REPORTED THAT IT WAS SATISFIED THAT THERE WERE NO SIGNIFICANT ENVIRONMENTAL IMPACTS ON THE TOPICS IT REVIEWED. I'M HAPPY TO PROVIDE COPIES TO ANYONE WHO WOULD LIKE THAT. NOW THE NEXT ONE. SO COMMUNITY AND GRID BENEFITS QUICKLY. SO THERE ARE FOUR THINGS HERE. THE LOCAL BENEFIT IS REVENUE. RICK IS PREPARED TO NEGOTIATE A HOST COMMUNITY AGREEMENT AND A PILOT. DEPENDING ON TERMS, THOSE PAYMENTS WOULD BE SHARED AMONG THE TOWN, ERIE COUNTY AND THE FRONTIER CENTRAL SCHOOL DISTRICT. IT'S NORMALLY NEGOTIATED AT SITE PLAN, REVIEW OR APPROVAL WITH THE PLANNING BOARD. SO WE'D RATHER BRING REAL, ACCURATE NUMBERS THAT WE CAN STAND BEHIND. THE SYSTEM STORES ELECTRICITY WHEN DEMAND ACROSS THE REGION IS LOW AND RETURNS IT WHEN DEMAND IS HIGH, WHICH LOWERS REGIONAL PEAK DEMAND ON SCALE, THE COMBINED OUTPUT IS ABOUT 9.8MW, WHICH IS EQUIVALENT TO THE AVERAGE ELECTRICITY DEMAND OF ROUGHLY 8000 HOMES. NEXT ONE. FIVE THINGS THAT WE'RE ASKING OF THIS BOARD ARE LISTED HERE. IF, AGAIN, I'LL REPEAT THIS, BUT IF THERE'S ANYTHING THAT ANYONE BELIEVES IS MISSING, LET ME KNOW AND WE WILL PROVIDE IT. WE ARE NOT DISPUTING THIS BOARD'S RIGHT TO ASK HARD QUESTIONS, AND NOTHING WE'VE BEEN ASKED SO FAR HAS STRUCK ME AS UNFAIR. 
          THAT'S IT. THE LAST SLIDE IS JUST. THANK YOU ALL VERY MUCH FOR YOUR TIME. I DO WANT TO POINT OUT THAT MY CONTACT INFORMATION IS HERE, MY CELL AND EMAIL. SO I ASK, I ENCOURAGE ANYONE TO PLEASE FEEL FREE TO REACH OUT ANYTIME, AND I'D BE HAPPY TO TALK OVER ANY QUESTIONS OR OUTSTANDING CONCERNS YOU MAY HAVE. CHAIRWOMAN, IF IT'S ALL RIGHT, I WOULD JUST ASK THAT DURING PUBLIC COMMENT. WE JUST KEEP THIS SLIDE UP SO THAT YOU'LL SEE THAT THERE'S A QR CODE. THIS TAKES YOU TO A WEBSITE THAT WE CREATED. IF YOU DON'T WANT TO USE THE QR CODE, IT'S JUST HAMBURG BATTERY.COM. SO THAT JUST PROVIDES ACCURATE INFORMATION ABOUT THE PROJECT AND HOPEFULLY ANSWERS A DECENT AMOUNT OF QUESTIONS THAT PEOPLE MAY HAVE. SO THANK YOU. OKAY. THANK YOU. SO NOW WE ARE GOING TO OFFICIALLY START THE PUBLIC 
          [00:45:01]
HEARING. AND AGAIN, I WANT TO REMIND EVERYONE YOU HAVE THREE MINUTES. WE WILL BE TIMING. 
          YOU'RE GOING TO GRAB THAT MICROPHONE. YOU'RE GOING TO NAME STATE YOUR NAME. WE DON'T NEED YOUR ADDRESS. IF IT'S A IF IT'S NOT SMITH OR JONES, PLEASE SPELL IT FOR OUR RECORD. AND PLEASE BE RESPECTFUL. WITH THAT, I'M GOING TO ASK MEMBER TO READ THE PUBLIC NOTICE. LEGAL NOTICE. 
          TOWN OF HAMBURG. PLANNING BOARD SITE PLAN APPROVAL NOTICE IS HEREBY GIVEN THAT THE TOWN OF HAMBURG PLANNING BOARD WILL CONDUCT A PUBLIC HEARING ON A PROPOSAL FOR A TIER THREE BATTERY ENERGY BATTERY ENERGY STORAGE SYSTEM. BESS TO BE LOCATED ON A 2.7 ACRE SITE AT 6433 RAILROAD AVENUE. THE PUBLIC HEARING WILL BE HELD ON SEPTEMBER 2ND, 2026 AT 7 P.M. 
          IN ROOM SEVEN A AND SEVEN B OF THE HAMBURG TOWN HALL. OKAY, SO I AM OPENING THE PUBLIC HEARING. 
          WHO WOULD LIKE TO SPEAK FIRST? I DON'T NEED A MICROPHONE. HI, MY NAME IS CHARLES. I'M SORRY YOU DO NEED A MICROPHONE BECAUSE IT'S BEING RECORDED. SO AND IT GOES INTO THAT IF YOU CAN HEARING IT. OKAY, MY THREE MINUTES START. CAN I START AGAIN? YES PLEASE. THANK YOU. 
          MY NAME IS CHARLES FIORELLO. I LIVE IN LAKEVIEW ON CENTER STREET, RIGHT NEXT TO WHERE THIS PROJECT IS GOING TO BE HELD OR PUT UP. AND AS A COMBAT VETERAN, COMMUNITY SAFETY IS THE FIRST AND FOREMOST THING BECAUSE THAT'S THE FIRST THING YOU LEARN IN THE MILITARY. AND I'M SORRY, AS ELECTED OFFICIALS, THAT'S ONE OF THE MAIN THINGS THAT SHOULD BE FIRST AND FOREMOST ON YOUR LIST AS FAR AS THESE THINGS THAT ARE GOING ON RIGHT NOW. ONE, FROM WHAT I'VE CHECKED INTO IN JUST A FEW HOURS AFTER FINDING OUT ABOUT THIS, A VARIANCE, IF THIS IS ZONED RESIDENTIAL CURRENTLY, WHY WOULD WE WANT TO CHANGE THIS TO A COMMERCIAL OR INDUSTRIAL AREA TO PUT SOMETHING LIKE THIS IN PROXIMITY OF MANY PEOPLE'S HOMES THAT ARE JUST ON MY STREET, NOT IN THE GENERAL AREA. AND WHEN I SAY THAT, AFTER LOOKING UP ON A MAP AND HAVING A SHEET IN FRONT OF ME, THE THERE'S FOUR HOUSES WITHIN 200 YARDS OF WHERE YOU WANT TO PUT THIS. ARE YOU KIDDING ME? NEXT SAFETY. WHEN YOU GO TO SAFETY, EVERYTHING THAT THAT MAN WAS TALKING ABOUT IS PARTIALLY TRUE AS FAR AS I'M CONCERNED RIGHT NOW. FOAMING AGENTS THAT THEY CURRENTLY USE. AND THIS IS FROM A A CHIEF IN THE FIRE COMMUNITY IN CONNECTICUT, AFTER SPEAKING WITH HIM 20 MINUTES ON THE PHONE. THEIR PROCEDURES IN MANY, IN MOST CASES IS IN A TESLA CAR FIRE, FOR EXAMPLE, IS TO PUT A BLANKET OVER IT BECAUSE THERE'S NO SAFE WAY OF PUTTING IT OUT. THE FOAMING AGENTS THEY CURRENTLY USE TO PUT OUT LITHIUM FIRES IS TOXIC TO THE ENVIRONMENT AS WELL. AND THEN LOOKING FURTHER, ONLINE SAFETY, IF THESE THINGS DO DECIDE TO CATCH ON FIRE AND OUR FIRE DEPARTMENT CAN'T CONTROL THEM BECAUSE THEIR JOB IS TO ACTUALLY STAND BACK AND TELL US TO EVACUATE OUR AREA IN THE CASE THAT THIS GETS OUT OF CONTROL IN ANY SHAPE OR FORM. AS FAR AS A FIRE EVACUATING THE AREA, THE FALLOUT, IF IT DOES GO UP, IS ALL OF OUR AREAS DEEMED VERY TOXIC AND DANGEROUS. 
          BOTH GROUND SOIL, HOUSES, CONTAMINANT. WE HAVE A PROBLEM IN NIAGARA FALLS. DO WE WANT ONE HERE? I DON'T THINK SO. AND I AM DONE TALKING. I PRINTED OFF SOME OF THIS BECAUSE THIS IS WHAT I FOUND OUT IN A FEW HOURS, AND I WOULD LIKE THE BOARD TO AT LEAST TAKE THE TIME TO LOOK AT IT AND REVIEW IT. AND I'LL LEAVE IT WITH YOU. YOU CAN GIVE IT TO JOSH AND HE'LL PASS IT OUT TO US. THANK YOU. OKAY. WHO'S NEXT? MR. PIKE? HI. GOOD EVENING EVERYONE. THANK YOU. MY NAME IS TIMOTHY PIKE. I LIVE AT 2133 LAKEVIEW ROAD. I'M IN PROXIMITY TO THIS PROJECT, AND I DO HAVE SOME CONCERNS. SO WHAT IS THE OVERALL GOAL OF THIS PROJECT AND DOES IT FIT WITHIN A LARGER TOWN PROJECT? AND WHAT PROBLEM DOES THIS PROJECT SOLVE FOR RESIDENTS, AND HOW DOES THE PLANNING BOARD DETERMINE THESE THINGS? THAT'S ALL I HAVE. THANK YOU. WAIT, CAN YOU REPEAT THOSE QUESTIONS, PLEASE? THAT WAS PRETTY FAST. YES. WHAT IS THE OVERALL GOAL OF THIS PROJECT? DOES IT FIT WITHIN A LARGER TOWN PROJECT? WHAT PROBLEM DOES THIS PROJECT SOLVE FOR RESIDENTS? HOW DOES THE PLANNING COMMITTEE DETERMINE THESE THINGS? OKAY. 
          THANK YOU, THANK YOU. I DON'T HAVE SPEED DILLINGER. I DIDN'T TAKE SHORTHAND. SORRY. OKAY. 
          WHO'S NEXT? GOOD EVENING. MY NAME IS RICK SCHMIDT. I LIVE ON CENTER STREET IN LAKEVIEW, AKA GROUND ZERO. RICK SCHMIDT? YES. IS IT YOUR LAST NAME, PLEASE? SSCHM I'D T. I AM HERE TONIGHT TO STATE WITHOUT HESITATION THAT THIS UTILITY SCALE BATTERY ENERGY STORAGE PROJECT IS 
          [00:50:05]
ENTIRELY INAPPROPRIATE FOR A RESIDENTIAL NEIGHBORHOOD, AND THE PLANNING BOARD MUST REJECT IT. THIS IS NOT SIMPLY A MATTER OF ENGINEERING CERTIFICATIONS OR VENDOR ASSURANCES. IT IS A MATTER OF LAND USE JUDGMENT, PUBLIC SAFETY, AND RESPONSIBLE GOVERNANCE. EVEN IF A BATTERY SYSTEM MEETS TECHNICAL SAFETY STANDARDS, THOSE STANDARDS DO NOT ANSWER THE QUESTION BEFORE THIS BOARD. IS THIS THE RIGHT PLACE TO PUT A HIGH RISK INDUSTRIAL FACILITY? THE ANSWER IS NO. A UTILITY SCALE BATTERY SYSTEM IS A LOW PROBABILITY, HIGH IMPACT HAZARD. WHEN SOMETHING GOES WRONG, EVEN ONCE, THE CONSEQUENCES FALL DIRECTLY ON THE FAMILIES WHO LIVE THERE. 
          NFPA 855 ITSELF RECOMMENDS SEPARATION FROM OCCUPIED BUILDINGS IN VULNERABLE POPULATIONS, YET THIS PROPOSAL PLACES A LARGE SCALE ENERGY STORAGE SYSTEM IN THE MIDDLE OF A DENSE NEIGHBORHOOD WITH LIMITED EVACUATION ROUTES, AND NO DEMONSTRATED EVIDENCE THAT OUR LOCAL FIRE DEPARTMENT HAS A SPECIALIZED TRAINING EQUIPMENT OR WATER SUPPLY REQUIRED TO MANAGE A BATTERY RELATED INCIDENT. I ALSO WANT TO ADDRESS THE UNKNOWN LONG TERM HEALTH RISKS ASSOCIATED WITH THE POTENTIAL BATTERY FIRE. THERE ARE NO LONG TERM COMMUNITY STUDIES ON EXPOSURE TO SMOKE, PARTICULATES, OR CHEMICAL BYPRODUCTS FROM LARGE SCALE LITHIUM BASED FIRES. NONE. RESIDENTS SHOULD NOT BE FORCED TO LIVE NEXT TO AN INDUSTRIAL EXPERIMENT. THE UNCERTAINTY ALONE IS ENOUGH REASON TO KEEP THIS PROJECT AWAY FROM HOMES, CHILDREN AND ELDERLY RESIDENTS. ALL RESIDENTS. BEYOND HEALTH CONCERNS, THIS PROJECT WILL LOWER PROPERTY VALUES THROUGHOUT THE NEIGHBORHOOD. NO HOMEOWNER EXPECTS A UTILITY SCALE INDUSTRIAL FACILITY TO BE BUILT NEXT DOOR YEARS AFTER PURCHASING PURCHASING THEIR HOME. THE PRESENCE OF A HIGH RISK ENERGY INSTALLATION, REGARDLESS OF HOW IT'S MARKETED, CREATES STIGMA, REDUCES BUYER INTEREST AND UNDERMINES THE FINANCIAL STABILITY OF FAMILIES WHO HAVE INVESTED THEIR SAVINGS INTO THEIR HOMES. THIS BOARD HAS A RESPONSIBILITY TO PROTECT RESIDENTS TO AVOID ECONOMIC HARM. FINALLY, A BATTERY FIRE OR FAILURE EVENT COULD DAMAGE THE SURROUNDING LAND AND WATER TABLE. FIRE SUPPRESSION RUNOFF, CONTAMINATED COOLING WATER DIRTY SECONDARY MATERIALS CAN ENTER THE SOIL AND GROUNDWATER. EVEN IF THE PROBABILITY IS LOW, THE ENVIRONMENTAL CONSEQUENCES COULD BE LONG LASTING AND EXTREMELY COSTLY TO REMEDIATE. 
          THE BOARD IS NOT BEING ASKED TO EVALUATE WHETHER BATTERIES ARE USEFUL OR WHETHER RENEWABLE, RENEWABLE ENERGY IS IMPORTANT. YOU ARE BEING ASKED WHETHER IT IS RESPONSIBLE OR DEFENSIBLE TO PLACE A UTILITY SCALE INDUSTRIAL FACILITY IN THE MIDDLE OF A NEIGHBORHOOD. THE ANSWER CLEARLY IS NO. THANK YOU. THANK YOU. WHO'S NEXT? MA'AM, IF YOU WANT TO COME UP AND STAND AND WAIT. AND THEN YOU COULD BE NEXT IF YOU LIKE. THAT'S FINE. OKAY. GO AHEAD. MY NAME IS CHRISTY NOONAN AND I LIVE IN HAMBURG. I'VE SOLD REAL ESTATE IN HAMBURG FOR OVER 30 YEARS. THIS PROPERTY MAY NOT BE THE PERFECT LOCATION FOR HOMES OR COMMERCIAL. AS THE GENTLEMAN MENTIONED, BUT IT IS NOT THE PERFECT SITE FOR THIS PROJECT EITHER. BUT WHAT WILL HAPPEN IS, WITHOUT A DOUBT, AS THE GENTLEMAN MENTIONED PRIOR TO ME, PROPERTY VALUES WILL DECREASE WHETHER THERE IS AN ISSUE OR NOT. CURRENTLY, WE ARE ALREADY IN A HOUSING SHORTAGE. WE ALL SHOULD BE CONCERNED ABOUT AFFORDABILITY. THIS PROJECT WILL DECREASE PROPERTY VALUES NOT IN JUST THE SURROUNDING AREA, BUT IN THE OUTER RINGS FROM IT. IT HAS BEEN PROVEN. IT HAS BEEN PROVEN IN OTHER AREAS AND IT WILL HAPPEN IN OUR AREA. WE SHOULD BE EXTREMELY CONCERNED AND CAUTIOUS IF THIS PROJECT HAS TO GO AS FAR AS TO HAVE TO RETRAIN OUR FACILITY, PEOPLE. AS FAR AS OUR FIRE DEPARTMENT AND TO HAVE HAZMAT AVAILABLE, THAT SHOULD BE A RED FLAG. I FULLY UNDERSTAND THE MAJOR HAZARDS AND DANGERS OF HAZMAT, AS MY HUSBAND IS A LONG HAUL TRUCK DRIVER AND HAULS HAZARDOUS MATERIALS OVER THE ROAD. WHY MONITOR THIS LOCATION REMOTELY? DOES THAT MEAN NOBODY WANTS TO BE THERE? WHY SHOULD RESIDENTS LIVE AROUND THERE? WHAT'S THE RESPONSE TIME? WILL ANY TYPE OF ISSUE HAVE A LONGER RESPONSE TIME BECAUSE NOBODY IS THERE MONITORING THE PROPERTY? AND IF NOBODY WANTS TO BE ON SITE TO MONITOR THE PROPERTY, WHY SHOULD WE LIVE NEAR THE SITE? THANK YOU. THANK YOU. I APPRECIATE THAT EVERYBODY WANTS TO STAY WITHIN THREE MINUTES, BUT IF YOU COULD SLOW DOWN WHEN YOU SAY YOUR NAME SO WE CAN GET YOUR NAME FOR THE RECORD AND THE SPELLING, I WOULD APPRECIATE IT. BUT THANK YOU 
          [00:55:03]
FOR THE LESS THAN THREE MINUTES. I'M I'M. I'M VERY IMPRESSED. THANK YOU. GO AHEAD. YOU GOT TO TALK RIGHT INTO IT. MY NAME IS KATHY MORAN, MORAN. I'VE LIVED IN HAMBURG FOR THE LAST FIVE YEARS AND IN THE SOUTHTOWNS FOR 20 YEARS BEFORE THAT. I'M A MEMBER OF THIRD ACT UPSTATE NEW YORK CLIMATE LEADERSHIP ACTION AND THE CLIMATE REALITY PROJECT. THANK YOU, MADAM CHAIR, FOR ALLOWING ME TO SPEAK ON BEHALF OF THE CONSTRUCTION OF THE BATTERY INSTALLATION. THE FIRST PAGE OF THE HANDOUT I JUST GAVE YOU DEMONSTRATES THE WHY OF BATTERIES. IN JUNE OF 25TH JUNE 24TH, TO BE SPECIFIC, THE SAMPLE SHOWS THE CHANGE IN THE PRICE OF ELECTRICITY THROUGHOUT THE DAY. THAT STARTED, SAY, ABOUT 1030 OR SO FOR $110.89 IN THE HEAT OF THE DAY. AS IT PROGRESSED, IT WENT UP TO $582.85 THAT SAME DAY, AND BY THE PEAK USAGE TIME OF 6 P.M. 
          THE MARKET WAS CHARGING $914.92. THESE PEAK USAGE TIMES ACCOUNT FOR SIGNIFICANT COSTS TO THE CONSUMER. IN FACT, LOOKING AT THE SECOND PAGE, YOU WILL SEE THAT TEXAS, WHICH HAS AN INDEPENDENT GRID, NOT PART OF THE REGULAR US GRID, WAS TACKLING LARGER SPIKES IN ITS PEAK USAGE FOLLOWING TEXAS HORRIBLE ELECTRICAL OUTAGE A COUPLE OF YEARS AGO. YOU'LL REMEMBER WHEN THAT OCCURRED. IT BEGAN A VERY LARGE INSTALLATION OF SAFE AND EFFICIENT BATTERY USAGE. TO CONTROL THESE SPIKES. THE GRID ON THAT SECOND PAGE DEMONSTRATES THE RESULTS OF THESE INSTALLATIONS LOCALLY. AS YOU HEARD JUST A MINUTE AGO, THE HAMBURG CAB REVIEWED THE PROPOSED SITE AND BATTERY BEING PROPOSED AND CONCLUDED THAT IT AGREED WITH NYSERDA THAT THE STATEWIDE ORGANIZATION, ENERGY STORAGE, IS A SMART AND RELIABLE TECHNOLOGY THAT HELPS MODERNIZE NEW YORK'S ELECTRICAL GRID, HELPING TO MAKE THE GRID MORE FLEXIBLE, EFFICIENT AND RESILIENT. WITH THOUSANDS OF ENERGY STORAGE SITES ALREADY IN PLACE ACROSS THE STATE. THIS TECHNOLOGY IS PLAYING AN IMPORTANT ROLE IN MAKING NEW YORK AFFORDABLE AND DEPENDABLE ENERGY. THE SAFETY ISSUES AROUND BATTERY INSTALLATIONS HAVE BEEN ESTABLISHED BY NEW YORK STATE AS THE MOST STRINGENT AND TRANSPARENT, AND THE NOISE STUDY ALSO CONCLUDED, 30S, THAT THE ANTICIPATED NOISE LEVELS WOULD BE ABSORBED BY NEARBY VEGETATION AND ARE WITHIN THE STANDARDS OF THE TOWN. THE THIRD PAGE OF YOUR HANDOUT DESCRIBES THE DISTRIBUTION SYSTEM OF ELECTRICITY, AND IN PARTICULAR, THE BATTERY SYSTEM IS PART OF THAT DISTRIBUTION CENTER. BATTERIES WILL ALLOW ABILITY TO REDUCE RATHER THAN EXPLODE PRICES AS THEY TRY AND ADD TO THE GRID. AND FINALLY, WE KNOW THE GRID WILL CONTINUE TO EXPAND AS DEMAND FOR ELECTRICITY IS RISING. BATTERIES ALLOW US TO USE ALL THE TOOLS IN A MODERN GRID TIME AND RESPOND TO THE PEAK DEMANDS. THANK YOU. THANK YOU. OKAY. 
          NEXT. MY NAME IS CHRIS BARTON, BARTON. I LIVE IN LAKEVIEW. I AGREE WITH THE PEOPLE THAT SPOKE BEFORE ME, AND ONLY PARTIALLY WITH THE WOMAN THAT JUST SPOKE. I AGREE THAT, YOU KNOW, BATTERIES HAVE THEIR PLACE, BUT NOT IN A RESIDENTIAL NEIGHBORHOOD. IT'S MY UNDERSTANDING THAT OUR IC ENERGY HAS NEVER BUILT A FUNCTIONING BEST SYSTEM IN THE UNITED STATES. THE WEBSITE CLAIMS THEY HAVE SEVERAL. AND DEVELOPMENT OVER THE PAST COUPLE OF YEARS, MOSTLY IN TEXAS. BUT GIVEN THAT THEY HAVE NO FUNCTIONING SYSTEMS ANYWHERE IN THE WORLD, WHICH APPARENTLY WAS ADMITTED WHEN THEY WERE QUESTIONED BY THE BOARD AT AN EARLIER MEETING. I'M CONCERNED ABOUT THE BOARD'S MOTIVATION FOR EVEN CONSIDERING A PROJECT BY A COMPANY LIKE THIS WITHOUT A PROVEN TRACK RECORD WHATSOEVER. I WON'T GO ON, BUT MOST OF THIS THESE TOPICS HAVE ALREADY BEEN BROUGHT UP. NOISE, VIBRATION, ALL THE CONCERNS AND THE GENERAL SAFETY OF OF THESE. AND I JUST WISH THAT YOU WOULD, YOU KNOW, VOTE NO ON THIS OR WHATEVER YOUR PROCESS IS. THANK YOU. THANK YOU. NEXT. HELLO. MY NAME IS JOYCE CALLED YOU LP JOYCE. THEY'RE HAVING A PROBLEM HEARING YOU, SO YOU MAY WANT TO TAKE THAT MIC AND TAKE IT RIGHT OUT OF THE STAND. OH, THERE YOU GO. ALL RIGHT. IS THAT BETTER? THAT'S MUCH BETTER. THANK YOU. 
          [01:00:02]
JOYCE KULP I LIVE ON CENTER STREET AND I DO AGREE WITH EVERYTHING THAT WAS SAID, EVEN INCLUDING WHAT THAT LADY, WHAT EVEN INCLUDING WHAT THAT LADY SAID. HOWEVER, I DO AGREE THAT IT DOES NOT BELONG IN A RESIDENTIAL AREA. SO I'M JUST GOING TO SAY WHAT I HAVE DOWN. 
          I'M CONCERNED THAT THERE'S BEEN NO INFORMATION REGARDING EVACUATION PLANS FOR RESIDENTS PRESENTED IN ANY OF THESE MEETINGS. MANY OF US LIVE WITHIN A FEW HUNDRED FEET OF THIS PROPOSED SITE. IF THE IF THESE FACILITIES WERE APPROVED, WE HAVE NO IDEA WHAT WE WOULD DO IF THERE WERE AN EMERGENCY. WE ALSO DO NOT KNOW HOW SUCH A PLAN WILL BE DOCUMENTED AND MADE AVAILABLE IN ADVANCE TO ALL RESIDENTS WHO COULD BE AFFECTED. THIS PLAN SHOULD INCLUDE INFORMATION INFORMATION SUCH AS ONE WHICH LAKEVIEW RESIDENTS WOULD HAVE TO BE EVACUATED FOLLOWING A FIRE AND OR EXPLOSION, AND UNDER WHAT SPECIFIC CONDITIONS WOULD AN EVACUATION BE REQUIRED? TWO A MEANS OF NOTIFICATION OF THE RESIDENTS IN THE EVENT OF AN EMERGENCY. HOW AND WHEN WOULD WE BE NOTIFIED? THREE I'VE READ THIS FIRE. I'VE READ THESE FIRES BURN FOR DAYS. I'VE READ SOME OF THESE FIRES REGENERATE SEVERAL DAYS AFTER THEY ARE EXTINGUISHED. THERE APPEARS TO BE AN UNKNOWN PERIOD OF TIME THAT SURROUND THAT THE SURROUNDING AREA WOULD BE WOULD NOT BE SAFE. THIS MEANS WE HAVE NO IDEA HOW LONG WE WOULD HAVE TO BE EVACUATED. WE HAVE NO IDEA WHERE WE WOULD RELOCATE DURING AN EVACUATION. WE HAVE NO IDEA WHO WOULD BEAR THE COST TO OUR FAMILIES OF AN EVACUATION. WE HAVE NO ASSURANCE AND HAVE NOT BEEN PROVIDED WITH ANY MEDIUM OR HIGH QUALITY STUDIES THAT DOCUMENT IMMEDIATE, SHORT AND LONG TERM HEALTH EFFECTS OF EXPOSED OF EXPOSURE TO CHEMICALS RELEASED BY HIGH TEMPERATURE BURNS OF LITHIUM BATTERIES. SEVEN. WE DO NOT KNOW WHO WILL BEAR THE COST, HEALTH DAMAGE, HOME DAMAGE AND OR WORK LOSS OF SUCH INJURIES TO OUR FAMILIES. THANK YOU. I HOPE YOU DO CONSIDER THIS. THANK YOU. COULD YOU SPELL YOUR LAST NAME FOR US, PLEASE? CULP THANK YOU VERY MUCH. OKAY. WHO'S NEXT? HI. IS MY VOICE LOUD ENOUGH? YOU'RE GOING TO HAVE TO PICK THE MIC UP. I'M SORRY. THAT'S JUST THE WAY THE SYSTEM WORKS. HEY, JOSH, I WAS WONDERING IF YOU COULD PUT BACK UP THE PROJECT GRAPHIC FOR ME, BECAUSE I DON'T WANT PEOPLE NOT TO KNOW WHAT I'M CONCERNED ABOUT. IT'S OFF THE WEB. THE WEB PAGE. YEAH, WELL, NO, THAT'S NOT IT. WELL. HE'S LOOKING. COULD YOU REPEAT YOUR NAME, PLEASE? I I COLLEEN, COLLEEN. LAST NAME IS KASHINO, KASHINO. I LIVE IN LAKEVIEW. IS THAT THE PICTURE THAT YOU'RE LOOKING FOR? I'M LOOKING FOR. IT'S UP ON THE. IT'S UP ON THE SCREEN. NO. I'M LOOKING. I'M LOOKING FOR THERE. LET ME. BENEFITS. WHAT BENEFITS? YEAH. 
          YOU COULD. OKAY. CAN I STAND OVER HERE? NO. YOU HAVE TO COME HERE. OKAY. IF YOU LOOK CLOSELY, YOU CAN SEE IN THE PROJECT THAT THERE'S TWO SEPARATE UNITS OF FIVE BATTERY STORAGE SYSTEMS. YOU SEE THAT? AND WHEN I WAS STUDYING THIS, IT'S SOMETHING CLICKED IN ME BECAUSE I ALWAYS WONDERED WHY THERE WERE IN HAMBURG LLC, EAST AND HAMBURG LLC WEST, AS IF THEY'RE TWO SEPARATE SHELL COMPANIES OF THIS NEW YORK CITY OFFICE OF THIS SPANISH COMPANY CALLED RIC ENERGY. AND THEN I LOOKED, I STARTED LOOKING INTO SAFETY BECAUSE THAT, I THINK, IS THE PRINCIPAL CONCERN OF EVERYBODY IN LAKEVIEW. ESPECIALLY GIVEN THAT THE ZONE IS NEIGHBORHOOD COMMERCIAL. SO WE HAVE GREAT THINGS LIKE GPS AND A LOVELY SITTING PRETTY LADY SHOP AND A FEW THINGS. THAT ZONE REQUIRES THAT ANY COMMERCIAL INTEREST IMMEDIATELY SERVES THE COMMUNITY. THIS PROJECT REQUIRES YOU TO GO TO THE OTHER END, THE FARTHEST END TO A. IS IT INDUSTRIAL HEAVY? RIGHT? LIKE BETHLEHEM STEEL LEVEL. AND I KNOW THAT THE ZONING BOARD STATUTORILY HAS TO PROTECT US, AND THEY MUST, BY LAW, MAKE THE SMALLEST USE VARIANCE FOR THE 
          [01:05:07]
PROPERTY OWNER TO REALIZE ANY BENEFIT TO HIS. SO, AND I KNOW I TRIED TO FIND OUT WHAT YOU GUYS, WHAT YOUR LIKE, WHAT YOU HAVE TO DO AND I, I, I SEARCHED THE WEBSITE I COULDN'T FIND OUT, BUT I KNOW AT LEAST THERE'S MANY MORE ISSUES FOR THE ZONING BOARD. ANYWAY, GETTING BACK TO THIS TWO SEPARATE LLC, IT CLICKED THAT WHEN I WAS LOOKING AT THE SAFETY STANDARDS, THAT IF THIS WAS ONE LLC, THEY WOULD HAVE THE HIGHEST LEVEL OF SAFETY STANDARDS FOR OUR NEIGHBORHOOD IN THE COUNTRY. BUT BECAUSE AND IF YOU LOOK AT THE IN THIS, THAT LITTLE CHART, WHICH PROBABLY 10S LEFT, OH, NOBODY CAN READ. GO AHEAD. IT'S. THE BATTERY CAPACITY IS JUST UNDER 20,000 FOR EACH OF THOSE. OKAY. FOR EACH OF THOSE 20,000 IS THE CUT OFF IF YOU COMBINE THEM TOGETHER, SINCE IT'S ONE COMPANY WITH TWO LLCS, THEY WOULD HAVE TO FOLLOW THE 2026 NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS. AND I CAN'T TELL YOU WHAT THEY ARE BECAUSE IT'S IN A BIG, FANCY, EXPENSIVE BOOK. AND I HAVE SO MUCH MORE TO SAY. I'M SO SORRY, BUT I'M DONE. I'M GOING TO ASK YOU THAT YOU CAN CONTINUE AND YOU CAN WRITE IT AND SEND IT TO JOSH. OKAY. JOSH IS GOING TO PUT UP HIS EMAIL. AND IF THERE'S ADDITIONAL INFORMATION THAT YOU WOULD LIKE TO ADD FOR THIS BOARD TO REVIEW, THEN I'M GOING TO STRONGLY RECOMMEND BECAUSE WE GOT 22 LETTERS SO FAR FROM RESIDENTS AND WE'VE ALL READ THEM. AND I ASK THAT IF YOU HAVE ANY ADDITIONAL INFORMATION OTHER THAN WHAT YOU SAID, WHAT YOU HAVE TO SAY TONIGHT, PLEASE EMAIL US. EMAIL. JOSH, DON'T EMAIL US. EMAIL JOSH AND IT WILL BE FORWARDED TO US. OKAY. WHO'S NEXT? GOOD EVENING. MY NAME IS NYLA PENFOLD. I LIVE IN THE LIBERTY PARK AREA OFF OF ROUTE FIVE. I'D LIKE TO BEGIN WITH. I AGREE WITH EVERYONE EXCEPT ONE PERSON THAT SPOKE BEFORE ME AND REITERATE WHY ARE WE EVEN TALKING ABOUT THIS? IT'S NOT ZONED FOR THIS. IT DOESN'T MEET SPACE REQUIREMENTS OF 330FT. THERE ARE MULTIPLE RESIDENT AREAS AROUND IT, TRAIN TRACKS ON BOTH SIDES, AND ESPECIALLY SCHOOLS BEING IN THE AREA. I DON'T KNOW MUCH ABOUT BESS, BUT I AM LEARNING. WE HAVEN'T BEEN GIVEN SPECIFIC BENEFITS THAT WILL BE GUARANTEED FOR RESIDENTS LIKE LOWER ENERGY COST, IMPROVED GRID RELIABILITY. 
          WILL IT BE AN. ENHANCED WITH THE SOLAR POWER OR WIND POWER? WILL IT PROVIDE BACKUP POWER TO OUR COMMUNITY OR BE SELLING IT BACK TO NATIONAL GRID? DOES OUR NEIGHBORHOOD HAVE A NEED FOR STORED ENERGY? SINCE WE WILL BE EXPECTED TO BEAR 100% OF THE SUBSTANTIAL RISK. IN SHORT, WE ALL DESERVE TO KNOW WHETHER THE SPANISH COMPANY, HEADQUARTERED IN NEW YORK CITY THAT CREATED THE LLC, HAS OUTLINED ANY COMMUNITY COMMUNITY BENEFITS WRITTEN IN THEIR PLAN. OR ARE THEY JUST LEASING THE PROPERTY HERE? ON AN ADDITIONAL POINT, IS THERE A FORMAL PLAN FOR DECOMMISSIONING THIS SITE AS THEY HAVE END OF LIFE AT APPROXIMATELY 10 TO 20 YEARS? THIS IS A MULTI-STEP PROCESS THAT REQUIRES CAREFUL PLANNING AND COORDINATION. WHAT IS THE PLAN FOR DISPOSAL OF THE LITHIUM BATTERIES AND OTHER COMPONENTS, AND WHO WILL BE RESPONSIBLE AND WHO WILL BEAR THE COST? MA'AM, NINA, COULD YOU SPELL YOUR LAST NAME FOR ME, PLEASE? PENPENFOLD. THANK YOU. FIRST NAME IS NYLA, NILA. I'M SORRY. THANK YOU NYLA. THANK YOU. OKAY. WHO'S NEXT? HELLO, MY NAME IS KAREN. YOU GOTTA GRAB THE MIC. SORRY. IT WON'T WORK JUST THE WAY IT THAT WAY. HELLO, I AM KAREN MELLIS. MY HUSBAND JOHN AND I RUN JP'S PUB IN LAKEVIEW. VERY CLOSE PROXIMITY TO WHAT WE'RE TALKING ABOUT IN THAT. OBVIOUSLY, NOISE WOULD BE AN ISSUE SINCE WE'RE JUST UNDER THE TOWN'S LIMITS FOR NOISE, AND IT ONLY ENHANCES THE TRAINS THAT GO BY THAT ARE NOISE AS WELL. IT DOESN'T DETRACT FROM THAT. IT JUST ENHANCES THAT. WE HAVE A LOT OF NOISE. WE'VE DEALT WITH FOR 46 YEARS THAT WE'VE BEEN IN BUSINESS. NO WORRIES THERE. BUT THIS IS A HUGE WORRY. IT'S NOT JUST THE NOISE. IT'S POSSIBLY CONTAMINATION TO THE SOILS, TO THE SURROUNDING NEIGHBORS, TO OUR BUSINESS THAT WE COULD POTENTIALLY LOSE OR THAT WE COULD POTENTIALLY HAVE TO EVACUATE SHOULD ANYTHING HAPPEN 
          [01:10:06]
WAS SOMETHING TO RESTORE ENERGY NEEDS. BUT IS THIS THE SPACE TO PUT IT IN A RESIDENTIAL COMMERCIAL BUILDING IS WITHIN SO MANY YARDS OF THIS BUILDING THAT OUR PARKING LOT. IF YOUR CAR WAS SITTING NEXT TO IT, I DON'T KNOW WHAT THE OUTCOME WOULD BE, BUT I DON'T WANT TO FIND OUT THE HARD WAY, SO TO SPEAK. SO I WOULD LIKE YOU TO RECONSIDER THINKING ABOUT THIS, BECAUSE THERE'S OTHER BROWN FIELDS IN HAMBURG OR BETHLEHEM STEEL, OR NEAR THE FORD PLANT THAT COULD BE USED FOR AN INDUSTRIAL SPACE. IT DOESN'T HAVE TO GO IN A RESIDENTIAL COMMERCIAL SPACE, WHICH IS VERY LIMITED IN LAKEVIEW TO BEGIN WITH, WE COULD NOT CHANGE TO A COMMERCIAL SPACE. WE HAD TO MEET THE STANDARDS OF RESIDENTIAL COMMERCIAL 46 YEARS AGO TO BE ABLE TO PUT OUR BUILDING UP OR HAVE OUR BUILDING UP IN OPERATIONAL. SO I KNOW THAT THE NEED IS THERE FOR THESE BATTERIES AND. BUT I DON'T THINK THE RISK IS WORTH IT FOR OUR LITTLE HAMLET OF LAKEVIEW WHEN MAYBE PUT IT WHERE IT SHOULD BE, BECAUSE YOU'D HAVE TO CHANGE A LOT OF STANDARDS TO LET TO ALLOW THIS IN SUCH CLOSE PROXIMITY TO MANY NEIGHBORS, MANY, YOU KNOW, A FEW BUSINESSES THAT ARE SURVIVING THESE DAYS. THANK YOU. 
          KAREN, WOULD YOU PLEASE SPELL YOUR LAST NAME FOR THE RECORD? MELISZ. THANK YOU. YOU'RE QUITE WELCOME. WHO'S NEXT? HI, I'M KIM JABLONSKI. I LIVE ON HOLT'S ROAD. IT'S JABLONSKI. I SUPPORT PREVIOUS STATEMENTS THAT OPPOSE THIS PROJECT. I UNDERSTAND THE NEED FOR THESE SYSTEMS, BUT THIS JUST ISN'T THE PLACE. GOTTA PICK THE MIC UP. OH, OKAY. MUCH BETTER. OKAY. RESIDENTS HAVE NOT BEEN INFORMED WHO IS RESPONSIBLE FOR DEVELOPMENT AND COMMISSIONING OF THIS PROJECT. 
          WILL THE TOWN AND TAXPAYERS ULTIMATELY BEAR ANY FINANCIAL RESPONSIBILITY AND WHICH ASPECTS THE APPLICANT IS RESPONSIBLE FOR? THINGS LIKE ROAD DEVELOPMENT AND MAINTENANCE? BECAUSE WE KNOW HOW WELL THE ROADS ARE IN LAKEVIEW ARE MAINTAINED. WE HAVE NOT HEARD ANY DIRECT BENEFIT TO OUR RESIDENTS OF THESE BATTERY SYSTEMS. IT IS SO IMPORTANT THAT WE BE INFORMED AS TO WHETHER OUR TAXES WILL BE USED TO PAY FOR ANY OF THESE ONGOING COSTS, FROM SITTING IN MANY PLANNING BOARD MEETINGS, AND I WONDER, FOR THIS PROJECT, WILL THE BOARD REQUIRE LANDSCAPING? SO THE TREES ARE TALL, SHRUBS WILL BE BUILT AROUND THESE LARGE STRUCTURES TO SHIELD THEM FROM VIEW FROM THE IMMEDIATE NEIGHBORING PROPERTY OWNERS. FROM THE APPLICANTS PROJECT DETAILS. IT DOES NOT SEEM THAT A FIRE TRUCK OR EMERGENCY VEHICLE COULD EVEN TURN AROUND, GIVEN THE CURRENT ROAD ACCESS TO THIS LOCATION. 
          IT'S ALSO CLEAR THAT MORE THAN ONE TRUCK COULD EVEN ENTER THIS LOCATION AT THE SLIPPED. 
          WE DON'T KNOW WHETHER OUR TOWN CURRENTLY HAS EMPLOYEES WITH THE APPROPRIATE BACKGROUND TO UNDERSTAND THE CONTRACTUAL OBLIGATIONS OF AN APPROVED BUS. WE DON'T KNOW WHETHER OUR TOWN CURRENTLY HAS EMPLOYEES WITH THE APPROPRIATE EXPERIENCE TO VERIFY ALL THAT IS NEEDED TO CONSTRUCT OR MONITOR THIS VERY SPECIALIZED BATTERY ENERGY STORAGE SYSTEM. THIS IS NOT A REFLECTION ON OUR TOWN EMPLOYEES, BUT A CONSIDERATION OF THE UNIQUENESS OF THIS PROJECT. THEY WILL NEED THE APPROPRIATE BACKGROUND TO VERIFY PERFORMANCE, TESTING OR FUNCTIONALITY. WE ARE EXPECTED. ARE WE EXPECTED TO JUST TAKE THE COMPANY'S WORD FOR IT? AND THOUGH THESE SYSTEMS SEEM VERY SECURE, I HAVE TO PUT OUT THE QUESTION ABOUT IF THEY ARE VANDAL PROOF, BECAUSE WE KNOW THINGS AREN'T AS SAFE AS THEY USED TO BE, WE QUESTION WHO IS RESPONSIBLE FOR TO US FOR OUR SAFETY. AND WHERE WILL THESE PEOPLE BE LOCATED? WE ALSO DON'T KNOW IF IF WE OR OUR AC ENERGY IS EXPECTED TO PAY FOR THE ADDITIONAL TRAINING AND EQUIPMENT THAT OUR FIREFIGHTERS WILL NEED TO BE PREPARED FOR, FOR THE ADDED RESPONSIBILITY OF POSSIBLE BEST F 30S FIRES OR EXPLOSIONS, THERE WILL BE A NEED TO BE A LOCAL PLAN OF RESPONSE. IF OUR WORST FEARS ARE REALIZED, HOW WILL THAT BE COMMUNICATED TO US? AND AS WITH HEARING THE LIGHTNING AND THE LOSS OF POWER AND INTERNET, I HAVE TO QUESTION HOW MONITORING THESE SYSTEMS WORK. IF THERE IS A LOSS OF INTERNET OR WI-FI, WE. I HOPE THAT YOU WILL MAKE A 
          [01:15:06]
DECISION THAT IS BEST FOR THE LAKEVIEW COMMUNITY AND FOR SAFETY AND VOTE TO PREVENT THIS PROJECT FROM MOVING FORWARD. THANK YOU. WHO'S NEXT? OKAY. GOOD EVENING. MY NAME IS JULIE PALMER. PALMER. I'M HERE TO EXPRESS MY OPPOSITION TO THE PROPOSED REZONING OF THE PROPERTY TO ACCOMMODATE A BATTERY STORAGE FACILITY. I RECOGNIZE THAT ENERGY RESOURCES ARE NECESSARY TO MAINTAIN AFFORDABLE ELECTRICITY RATES ACROSS NEW YORK STATE, BUT THIS PROJECT DOES NOT BELONG HERE. THERE ARE OTHER PLACES WHERE THE LAND IS ALREADY CONTAMINATED, RATHER THAN IN A PROPERTY REQUIRING RESIDENTIAL REZONING. THIS PROJECT CONTRADICTS DECADES OF LAND PRESERVATION EFFORTS SUPPORTED BY BOTH THE TOWN OF HAMBURG AND STRONGLY SUPPORTED BY THE RESIDENTS OF LAKEVIEW. WHILE THIS FACILITY MIGHT CONTRIBUTE TO STATEWIDE GREEN ENERGY GOALS, IT OFFERS NO DIRECT BENEFIT TO LOCAL LAKEVIEW COMMUNITY. 
          FINALLY, THIS PROPOSAL DOES NOT ALIGN WITH CURRENT ZONING LAWS. PERMITTING THE REZONING SETS A DISTURBING PRECEDENT THAT OPENS THE DOOR TO ADDITIONAL UNWANTED COMMERCIAL DEVELOPMENT, SOMETHING THAT LAKEVIEW RESIDENTS HAVE CONSISTENTLY OPPOSED. THANK YOU. THANK YOU. 
          WHO'S NEXT? DON'T BE SHY. COME ON UP. HI. MY NAME IS DAN JUDD. HEY, DAN, YOU'RE GONNA PUT THE MIC UP CLOSE TO YOUR MOUTH SO WE CAN HEAR YOU. PLEASE, CAN YOU HEAR ME NOW? YES. AND PLEASE SPELL YOUR LAST NAME. DAN JUDD, JUDD. I'M A RETIRED NEW YORK LICENSED CIVIL ENGINEER. I GOT A KICK OUT OF SOME OF THE COMMENTS ON VIBRATION ON THIS PROJECT AND THE RAILROADS, AND IT'S SOME OF IT'S LAUGHABLE. BUT ANYWAYS, I JUST BUILT A NEW HOUSE IN LAKEVIEW, SO THIS HIGHLY CONCERNS ME. SO MY COMMENTS PERTAIN TO THE SITE LOCATION OF THE PROPOSED FACILITY. THE MAIN RAILROAD CORRIDOR THROUGH LOCKPORT, THROUGH LAKEVIEW. 
          HOLD ON. I GOTTA WEAR THESE KEYS NOW. THE MAIN RAILROAD CORRIDOR THROUGH LAKEVIEW IS HIGHLY ACTIVE, AND ANYBODY THAT LIVES IN LAKEVIEW KNOWS THE RAIL TRAFFIC VOLUMES ARE EXCEPTIONALLY HIGH. A BATTERY ENERGY STORAGE SYSTEM SHOULD NOT BE LOCATED DIRECTLY NEXT TO AN ACTIVE RAIL CORRIDOR. DUE TO THE FOLLOWING ENGINEERING AND SAFETY RISKS. VIBRATION DAMAGES HEAVY FREIGHT AND PASSENGER TRAINS. TRAINS PRODUCE CONSTANT, INTENSE GROUND VIBRATIONS THAT THE PHYSICAL INTEGRITY OF THE SENSITIVE BATTERY AND ELECTRONIC COMPONENTS CAUSES SHORT CIRCUITS, WHICH IS A LEADING CAUSE OF THERMAL RUNAWAY, WHICH IS FIRES. HOLD ON. SECOND ONE DERAILMENT IMPACT. A TRAIN DERAILMENT COULD PHYSICALLY BREACH THE BATTERY CONTAINERS, TRIGGERING A THERMAL RUNAWAY EXPLOSION OR TOXIC CHEMICAL RELEASES. ACCESS OBSTRUCTIONS FREIGHT TRAINS CAN BLOCK ROADWAYS AND SITE ACCESS FOR HOURS, PREVENTING RAPID EMERGENCY RESPONSE AND MAINTENANCE CREWS FROM REACHING THE FACILITY DURING A BATTERY FIRE. FLYING DEBRIS TRAINS CAN THROW BALLAST ROCKS CARGO FRAGMENTS. THE HIGH SPEED DEBRIS CAN SEVERELY DAMAGE THE OUTER CASING OF THE BEST UNITS. ELECTROMAGNETIC. THIS ONE HASN'T EVEN BEEN MENTIONED. ELECTROMAGNETIC INTERFERENCES THE MI TRAIN SIGNAL NETWORKS GENERATE INTENSE ELECTROMAGNETIC FIELDS. THIS MI CAN CAN INTERFERE WITH THE HYPER SENSITIVE ELECTRONICS INSIDE A BUS, PARTICULARLY ITS BATTERY MANAGEMENT SYSTEMS. THAT WAS PREVIOUSLY MENTIONED. THAT'S IT. DID I MAKE THE THREE MINUTES WITH TIME TO SPARE? THANK YOU VERY MUCH. THANK YOU. ALL RIGHT. NEXT. HELLO. MY NAME IS DEBBIE KAZMIERSKI, SPELLED KAC, LIKE IN CAT Z, LIKE IN ZOO MAMU. THEY CAN'T HEAR YOU. I'M SORRY. DEBBIE KAZMIERSKI SPELLED KAC, LIKE IN CAT Z, LIKE IN ZOO. MARSKI. I LIVE ON WEST ARNOLD. DRIVE IN ON THE 
          [01:20:07]
EDGE OF THE CREEK. 18 MILE CREEK IN LAKE VIEW. AND I WISH I WERE AS PREPARED WITH FACTS AND STUDIES AND INFORMATION PROVIDED BY OUR LOCAL PROFESSIONALS. I APPLAUD THEM FOR THEIR RESEARCH. I DO FEEL THAT THIS BATTERY STORAGE INSTALLATION IS REALLY INAPPROPRIATE FOR OUR AREA. INDUSTRIAL ZONES ARE ESTABLISHED FOR INDUSTRIAL INSTALLATIONS AND RESIDENTIAL ZONES ARE ESTABLISHED FOR RESIDENTS. WE ARE RESIDENTS. WE ALL LIVE HERE BECAUSE OF THE BEAUTY OF OUR LAKE, OUR CREEK. EIGHTMILE CREEK, WHICH DOES SUPPORT WILDLIFE. A LOT OF ENDANGERED SPECIES. TONS OF BIRD SPECIES. TONS OF MIGRATING BIRDS ALL THROUGHOUT THE YEAR. EXCUSE ME. LET'S SEE. THIS AREA ALSO WAS A RURAL A RURAL AREA. 
          WHEN I WAS A CHILD. IT WAS REFERRED TO AS GOING OUT TO THE COUNTRY TO GO FISHING AT 18 MILE CREEK. WE HAVE HOMES RANGING FROM TINY COTTAGES, NEW HOMES, SMALL HOMES, LARGE HOMES, CHURCHES. WE HAVE A DAYCARE, WE HAVE A RESTAURANT, WE HAVE SHOPS. AND WE ALSO HAVE SOME VERY OLD PALATIAL ESTATES ALONG THE LAKESHORE. ALSO, THAT SHOULD BE PROTECTED. IT'S JUST MY OPINION, BUT ONE ONE FAILURE OF THIS MAGNITUDE IS ONE FAILURE TO MANY. AND THE RISK IS JUST NOT WORTH WHATEVER REVENUE IT MAY PROVIDE FROM WHOEVER IS PROVIDING THE REVENUE. I DON'T KNOW THAT MYSELF. I HAVEN'T HEARD WHERE THE REVENUE IS COMING FROM, BUT I JUST DON'T THINK IT'S IT IS WORTH THE RISK. THANK YOU. THANK YOU. WHO'S NEXT? KATHY. 
          GOOD EVENING AND THANK YOU FOR LISTENING TO THIS EVENING. MY NAME IS KIMBERLY CATALANO. PIKE, CATALANOPIKE. I'D LIKE TO START OFF BY SAYING I CONCUR WITH THE MAJORITY OF OUR RESIDENTS IN 14085. I DID HAVE MY THOUGHTS MARSHALED TOGETHER, BUT THEY HAVE TOUCHED UPON MANY OF THE TOPICS OF THIS FACILITY, AND I URGE YOU TO TAKE THE RESPONSIBILITY, AS OUR REPRESENTATIVES TO REALLY THINK ABOUT IF THIS WAS IN 200FT. FEEDER YARDS. YARDS OF YOUR CHILDREN, YOUR GRANDCHILDREN, YOUR FOUNDATION, THE HOME. YOU PAY A MORTGAGE ON, THE HOME YOU PAY INSURANCE ON. AND WHY HERE? THE ALMIGHTY DOLLAR IS BRINGING THEM HERE. SO IS IT GOING TO BE IN THEIR BACKYARD? NO, IT'S GOING TO BE IN OUR BACKYARD, NEAR OUR TWO CHURCHES, NEAR OUR BALL DIAMONDS, NEAR THE SOCCER FIELDS, NEAR JP'S PUB, NEAR THE RAILROAD TRACKS. IT DOESN'T MAKE SENSE TO GO FROM COMMERCIAL RESIDENTIAL TO INDUSTRIAL. AND IT'S YOUR RESPONSIBILITY TO REPRESENT US, YOU KNOW, WHAT DO WE NEED AN ATTORNEY ON BEHALF OF OUR RESIDENTS? THAT'S AN IDEA THAT'S BEEN PASSED ALONG. DO WE NEED LEGAL REPRESENTATION BECAUSE WE ARE JUST EVERYDAY CITIZENS? WE'RE NOT ALL ENGINEERS. HE KNOWS WHAT HE'S TALKING ABOUT, AND I AM VERY IMPRESSED BY WHAT HE HAS TO SAY. BUT I'M WORRIED ABOUT DECOMMISSIONING WHAT HAPPENS TO THIS PROPERTY WHEN THE TECHNOLOGY IS OBSOLETE. A LOT IS SHOWN ON THE NEW YORK STATE NYSERDA PAGE. I'VE LEARNED A LOT, BUT THERE IS SO MUCH MORE TO TAKE INTO CONSIDERATION. BESIDES HIS SLIDE SHOWS HE DOES NOT LIVE 200 YARDS FROM THIS. 
          WHAT OTHER TOPICS DO I WANT TO SAY WITH THE DECOMMISSIONING? WHO'S GOING TO PAY FOR IT? THEY SAY THEY'LL PAY FOR IT, BUT WILL THE COMPANY STILL BE IN EXISTENCE? WILL THE PROPERTY OWNER STILL BE ALIVE? ARE THEY GOING TO PUT UP A BOND FOR OUR COMMUNITY? IF SOMETHING SHOULD HAPPEN IN 20 YEARS? THERE'S A LOT TO TAKE INTO CONSIDERATION. I APPRECIATE YOUR TIME IN THIS MATTER AND JUST THINK, IS IT IN YOUR BACK YARD? THANK YOU, THANK YOU. WHO'S NEXT? HELLO, MY NAME IS FATHER SEAN DE MARIA. I'M THE FORMER PASTOR OF SAINT JOHN PAUL II PARISH IN 
          [01:25:02]
SOUTHTOWNS CATHOLIC SCHOOL. I STILL RESIDE ON THE CAMPUS OF JOHN PAUL THE SECOND. ALSO I HAVE I OWN A HOUSE ON UPPER END OF DOVER. MY MAIN CONCERNS IS IS TWO THINGS IS THE SAFETY AND WELL-BEING OF THE RESIDENTS AND THE CHILDREN WHO WILL BE WHO ARE ATTENDING SOUTHTOWNS CATHOLIC, BUT ALSO FOR THE FIREFIGHTERS IN THE MAKEUP. AND IN WHAT I HAVE READ, THERE'S A FEW THINGS THAT THEY MENTIONED IS LAKEVIEW NEEDS WOULD NEED MORE TRAINING, OF COURSE, WHICH IS ALWAYS, YOU KNOW, IT'S NOT A BAD THING, BUT ALSO THE TOWN OF OR, I'M SORRY, THE VILLAGE OF HAMBURG, THOSE ARE THE TWO COMPANIES THAT ARE ARE MENTIONED. OTHER COMPANIES LIKE SHORE, WHICH IS A MUTUAL FIRST MUTUAL AID COMPANY TO LAKEVIEW, ALSO HIGHLAND AND NORTH EVANS. 
          THEY WOULD NEED FURTHER TRAINING, WHICH IS COSTLY. AND THESE ARE VOLUNTEERS, PROFESSIONALS, BUT VOLUNTEERS NONETHELESS. AND I, I REALLY I WAS LOOKING THROUGH THEIR PACKET THAT THEY HAD GIVEN TO YOU. AND THERE'S A LOT OF DETAIL IN THERE THAT ARE HIGHLIGHTED ABOUT FIRE SAFETY. BUT THEN THE TALKS, YOU KNOW, THE TOXIC IF SOMETHING IF THE POTENTIAL THAT SOMETHING HAPPENS, THAT'S THE KEY. IT COULD BE A TRAIN DERAILMENT. IT COULD BE AN EXPLOSION. IT RELEASING OF GASES, WHATEVER IT MAY BE. THERE'S RESIDENTS RIGHT ON CENTER ROAD. REMEMBER, THE WIND COMES FROM SOUTH SOUTHWEST AND WILL IMPACT A MAJOR FOR SALES ROAD, CENTER ROAD, LAKEVIEW ROAD. AND IF THE WIND CHANGES THAT'S THAT'S ANOTHER THING. SO I AM VERY MUCH OPPOSED TO THIS. THERE ARE BETTER AREAS IN THE TOWN OF HAMBURG THAT THIS COULD BE PLACED. AND FIREFIGHTERS WHO PROBABLY HAVE THAT TRAINING ALREADY IN THE WOODLAWN AREA, WHICH IS MAINLY INDUSTRIAL. THANK YOU, THANK YOU. WHO'S NEXT? ANYONE ELSE? I'M CALLING FINISHED? NO. COME ON UP. HELLO. MY NAME IS NOAH FUCHS. LAST NAME IS FUCHS. I LIVE ON CENTER STREET WITH MY WIFE AND TWO DAUGHTERS. I'D LIKE TO SAY, YOU KNOW, I'M GETTING A LITTLE EMOTIONAL JUST THINKING ABOUT IT. I'M VERY PROUD OF THIS COMMUNITY. I'M VERY PROUD TO BE A PART OF THIS COMMUNITY AND ALL THE RESEARCH THAT THIS COMMUNITY HAS DONE TO OPPOSE THIS PROJECT MAKES THAT PRIDE EVEN STRONGER. I WALKED BY BURKE ROAD PARK EVERY DAY WITH MY DAUGHTERS, WHO ARE HOPEFULLY ONE DAY GOING TO BE PLAYING LITTLE LEAGUE AND SOCCER THERE. THAT PARK I HAPPEN TO FEEL IS AN INSTITUTION WITHIN LAKEVIEW IS A MAJOR PART OF THE MEMORIAL DAY PARADE. IF IS ANYTHING IS TO HAPPEN, THAT PARK WOULD BE DEVASTATED AND THAT COMMUNITY WOULD BE DEVASTATED. AND THAT COMMUNITY ALSO BRINGS IN A LOT OF PEOPLE OUTSIDE OF THE LAKEVIEW COMMUNITY TO BE A PART OF IT. THE REPRESENTATIVE SPOKE TO THE POINT THAT THE TOUR OF THE SITE HAD TAKEN PLACE, AND THAT THEY DID NOT DEEM THAT THERE WERE ANY PROTECTED SPECIES THERE. HOWEVER, BASIC ECOSYSTEM KNOWLEDGE ALLOWS YOU TO KNOW THAT THERE, ALTHOUGH THERE MIGHT BE NO ECOSYSTEM OR NO PROTECTED SPECIES IN THAT ONE AREA, THERE'S OTHER ANIMALS THAT ARE IN THAT AREA, AND ECOSYSTEMS WORK TOGETHER AND SPREAD OUT FAR AND WIDE. ALSO, I WOULD LIKE TO HOPE THAT A PROTECTED SPECIES WOULD BE HUMANS, AS THERE ARE MANY YOUNG STUDENTS AND CHILDREN AND ELDERLY AND SO MANY DIFFERENT PEOPLE IN THE AREA WITH THAT TOUR DIDN'T SEE WAS THE LITTLE LEAGUES IN SESSION, THE NEARBY SCHOOL AND DAYCARE AND SESSION SESSION. THE MASSIVE COMMUNITY THAT COMES OUT TO PINE LAKES FROM ALL OVER THE AREA. YOU'LL KNOW THAT IF THERE'S PEOPLE IN THE CITY OF BUFFALO WILL EVEN COME OUT TO PINE LAKES TO TRICK OR TREAT. IT IS A MAJOR THING. IF ANYTHING IS TO HAPPEN, IT WOULD REALLY, REALLY JUST CHANGE THE NEIGHBORHOOD AND IT WOULD CHANGE MY COMFORT IN LIVING WHERE I LIVE, FORCING ME TO RETHINK ABOUT SELLING MY HOME. AND WITH THIS BEING SO CLOSE TO THAT CENTER, IT WOULD GREATLY IMPACT THE PROPERTY VALUE WHICH HAS BEEN SPOKEN ON TONIGHT. JUST TO REPEAT AND ECHO EVERYONE'S COMMENTS, THIS IS SOMETHING THAT I URGE YOU TO TAKE CAREFUL CONSIDERATION OF, THAT THERE ARE PEOPLE LIVING HERE, CHILDREN LIVING HERE AND ANIMALS LIVING HERE. LET'S DO RIGHT BY LAKEVIEW. THANK YOU, THANK YOU. WHO'S NEXT? IS THERE 
          [01:30:02]
ANYONE ELSE WHO HAS NOT YET SPOKEN? SECOND CALL FOR ANYONE ELSE THAT WISHES TO SPEAK ON THIS PUBLIC HEARING. CAN YOU SPEAK TWICE? NO. NOPE. THIRD AND FINAL CALL. ARE THERE ANY OTHER NEW SPEAKERS FOR THIS FOR THIS TOPIC? TO SPEAK TWICE, I HAD MORE INFORMATION, SIR. WHAT I ASKED HER TO DO IS TO SUBMIT A LETTER. SO THE PLANNING BOARD AND THE APPLICANT. CAN I FINISH? I HAVE RULES FOR THE PUBLIC HEARING. I HAVE TO ADHERE. SO I'M SORRY I CAN'T LET A PERSON SPEAK TWICE, EVEN THOUGH BECAUSE WE HAVE A LONG EVENING AHEAD OF US, THERE'S FOUR OTHER CASES. IT'S A THREE MINUTE RULE PER PERSON. IF YOU WANT TO SPEAK, YOU'RE MORE THAN WELCOME TO COME UP. I GAVE A SIMPLE NOTE EARLIER. IT DIDN'T DO. ALL RIGHT. SO IS THERE ANYONE ELSE THAT WISHES TO SPEAK MORE THAN THREE MINUTES? 40 MINUTES, SIR. SHAME ON YOU. YOU GUYS DON'T CARE ABOUT US, DO YOU? IS THERE ANYONE ELSE THAT WISHES TO COME UP TO THE PODIUM AND SPEAK? ALL RIGHT. THEREFORE, I'M GOING TO CLOSE THE PUBLIC HEARING. AND AGAIN, I'M GOING TO ASK IF THERE'S ANY ADDITIONAL INFORMATION THAT YOU GET TO PLEASE SUBMIT IT TO JOSH ROGERS. 
          AND ON THE 16TH OF SEPTEMBER, THE ANSWERS TO ALL OF YOUR QUESTIONS TONIGHT WILL BE RESPONDED TO. THE CHAIRPERSON. CAN I JUST ASK ONE QUESTION? IS THERE ANY ADDITIONAL INFORMATION THIS BOARD WANTS FROM THE APPLICANT OR THE MEMBERS OF OUR PROJECT TEAM? I DON'T. KNOW, I'M NOT DOING IT. OKAY. NO, I DON'T BELIEVE THAT WE HAVE ANYTHING AT THIS TIME. 
          OKAY. THANK YOU. IF THERE IS IF YOU RELAY IT THROUGH JOSH, HE'LL HE'LL LET US KNOW. OKAY. 
          HAVE A GOOD EVENING. ALL RIGHT. WE'LL GIVE TIME FOR THE ROOM TO EMPTY. IF THERE'S NO TURNING BACK. TO. THANKS, GUYS. TEMPLETON. WELCOME BACK. MEMBERS. SHIMURA. WE HAVE OUR SECOND. EVERYBODY, IF YOU WOULD LIKE TO PROCEED OUT THE ROOM, IF YOU'RE NOT PART OF THE NEXT HEARING. BECAUSE WE HAVE ANOTHER PUBLIC HEARING TO DO. OR IS THAT MY BLOOD PRESSURE? YOUR BLOOD PRESSURE? IS DAVE MANKO HERE? NO HE'S NOT. WE'RE JUST GOING TO HAVE THE PUBLIC 
          [2. Public Hearing – 7:00 P.M., Dave Manko – Requesting Amended Site Plan Approval of  revised dumpster locations for the Mission Hills Villas Phase IV project, located on the  east side of Camp Road]
HEARING AND THE APPLICANTS AREN'T GOING TO BE PRESENT. THEN WE'RE GOING TO MOVE ALONG. 
          SO PUBLIC HEARING FOR DAVID MANKO REQUESTING AN AMENDED SITE PLAN APPROVAL OF A REVISED DUMPER DUMPSTER LOCATION FOR MISSION HILLS VILLAS PHASE FOUR PROJECT, LOCATED AT THE EAST SIDE OF CAMP ROAD. BOARD MEMBERS, IF YOU WILL RECALL, THIS PROJECT HAD THE BOARD HAD THE DUMPSTERS LEFT OFF THE SITE PLAN THE APPLICANT PRESENTED WHERE THEY WERE GOING TO BE REPRESENTED. YEAH. THANK YOU CAMI. AND SO NOW WE HAVE TONIGHT, WE'RE HOLDING A PUBLIC 
          [01:35:04]
HEARING MEMBER. DORIS, WOULD YOU PLEASE READ THE PUBLIC HEARING NOTICE, LEGAL NOTICE. 
          TOWN OF HAMBURG. PLANNING BOARD SITE PLAN. APPROVAL NOTICE IS HEREBY GIVEN THAT THE TOWN OF HAMBURG PLANNING BOARD WILL CONDUCT A PUBLIC HEARING ON A PROPOSAL FOR AMENDED SITE PLAN. 
          APPROVAL OF REVISED DUMPSTER LOCATION FOR THE MISSION HILLS VILLAS PHASE FOUR PROJECT, LOCATED ON THE EAST SIDE OF CAMP ROAD. THE PUBLIC HEARING WILL BE HELD ON SEPTEMBER 2ND, 2026 AT 7 P.M. IN ROOM SEVEN A AND SEVEN B OF THE HAMBURG TOWN HALL. OKAY. THANK YOU. SO AT THIS POINT, I WOULD LIKE TO OPEN UP THE PUBLIC HEARING. THE SAME RULES APPLY A THREE MINUTE RULE FOR ANYONE THAT WISHES TO SPEAK. IS THERE ANYONE HERE THAT WISHES TO SPEAK FROM IN REGARDS TO THE DAVID MENKO REQUEST FOR DUMPSTERS AT MISSION HILLS VILLAS PHASE FOUR. 
          FIRST CALL. SECOND CALL FOR THE REQUEST OF THE PUBLIC HEARING FOR MISSION HILLS VILLAS. THIRD AND FINAL CALL FOR MISSION HILLS VILLA PHASE FOUR. I'M GOING TO CLOSE THE PUBLIC HEARING. I LIKE THAT AUDIENCE. THERE'S NO TALK BACK. IF THEY ONLY KNEW WE HAD TO FOLLOW THE RULES. WHAT'S YOUR NAME? JOSH. ALL RIGHT. IT'S BEEN A LONG NIGHT. IT FEELS LIKE IT'S 100 DEGREES IN HERE. I KNOW THAT WE HAVE A RESOLUTION IN FRONT OF US. BOARD MEMBERS. HAVE YOU HAD TIME TO REVIEW IT? DO YOU HAVE ANY ADDITIONS? DO YOU HAVE ANY? ANYTHING THAT NEEDS TO BE ADDED? OKAY. IS THERE SOMEBODY THAT WOULD LIKE TO TAKE THE. I'M SORRY. JUST FOR THE BOARD'S REFERENCE, I DID WRITE AN ENGINEERING LETTER. THE ENGINEERING LETTER SAYS WE HAVE NO ENGINEERING COMMENTS, SO PERHAPS IT'S A LITTLE MORE STRAIGHTFORWARD TO JUST REMOVE THAT. OR IF YOU WANT A LETTER. I HAVE ONE DATED AUGUST 27TH. THAT'S NO ISSUE. WE'LL JUST PUT AUGUST 23RD. 23RD, 27TH. OKAY. THERE ARE NO OTHER ISSUES. WOULD SOMEBODY LIKE TO DO THE SEEKER AND APPROVAL RESOLUTION? I MAKE A MOTION TO APPROVE MISSION HILLS PHASE FOUR REVISED DUMPSTER LOAD LOCATIONS FOUR, FIVE FOUR, THREE A CAMP ROAD SEEKER AND APPROVAL RESOLUTION. SEPTEMBER 2ND, 2026. MEMBER SHIMURA. GO AHEAD. I HAVE TO IDENTIFY YOU FOR THE RECORD. OH. GO AHEAD. WHEREAS THE TOWN OF HAMBURG RECEIVED A NEW SITE PLAN APPLICATION REQUESTING AMENDED SITE PLAN. APPROVAL OF REVISED DUMPSTER LOCATION FOR PHASE FOUR OF MISSION HILLS PROJECT AT 4543 A CAMP ROAD SBL NUMBER 170.07-2-1.11, WHICH WAS ORIGINALLY APPROVED IN 2023. AND WHEREAS THE HAMBURG PLANNING BOARD HELD A REQUIRED PUBLIC HEARING ON SEPTEMBER 2ND, 2026, AND WHEREAS THE MISSION HILL PROJECT WAS SUBJECT TO AN EIS AND FINDINGS WERE ISSUED BY THE TOWN, AND WHEREAS, THE PLANNING BOARD HAS REVIEWED THE SEEKER FINDINGS AND HAS DETERMINED THAT THE PROJECT WHICH IS SUBSTANTIAL, WHICH IS IN SUBSTANTIAL ACCORDANCE WITH THE ORIGINAL SITE LAYOUT, IS IN ACCORDANCE WITH SEEKER FINDINGS. 
          NOW, THEREFORE, BE IT RESOLVED, THE TOWN, THE TOWN OF HAMBURG PLANNING BOARD HEREBY DETERMINES THAT SEEKER NEGATIVE DECLARATION ISSUED PREVIOUSLY IS STILL VALID. IT'S BEEN MOVED. 
          ARE YOU GOING TO READ THE REST? OKAY. SORRY. SO IT'S BEEN MOVED. AND SECOND, IT'S BEEN MOVED FOR SEEKER. IS THERE A SECOND? I REMEMBER RYAN SECONDS IT. OKAY. IT'S BEEN MOVED IN SECOND. ALL THOSE IN FAVOR? AYE. ANY OPPOSED? OKAY. GO AHEAD. PLAN APPROVAL. THE PLANNING TOWN PLANNING BOARD HEREBY GRANTS CONDITIONAL SITE PLAN APPROVAL FOR REVISED DUMPSTER LOCATIONS FOR PHASE FOUR OF MISSION HILLS PROJECT TO BE LOCATED AT 4543 A CAMP ROAD. SBL NUMBER 170.07-2-1.11 WITH THE FOLLOWING CONDITIONS AND WAIVERS. ONE APPROVAL IS CONTINGENT UPON THE ENGINEERING DEPARTMENT COMMENT LETTER DATED AUGUST 27TH, 2026. IT'S BEEN MOVED BY MEMBER SHIMURA. IS THERE A SECOND MEMBER? RYAN? SECONDS IT. IT'S BEEN MOVED. 
          AND SECOND FOR THE SITE PLAN APPROVAL. ALL THOSE IN FAVOR? NONE OPPOSED. OKAY, WE'RE ALL 
          [3. Public Hearing – 7:00 P.M., Mike Sweeney – Requesting Site Plan Approval on a  proposal for a 55,000 sq-ft industrial storage building on an existing asphalt-gravel  storage yard to be located at 3100 Lakeshore Road (SBL #: 150.00-1-1.2)]
DONE. LET'S GO ON TO OUR NEXT. PUBLIC HEARING. MIKE SWEENEY REQUESTING A SITE PLAN APPROVAL 
          [01:40:11]
ON A PROPOSAL OF A FOR A 5500 ZERO SQUARE FOOT INDUSTRIAL SITE STORAGE BUILDING ON AN EXISTING ASPHALT GRAVEL STORAGE YARD TO BE LOCATED AT 3100 LAKESHORE ROAD. AND IF I REMEMBER CORRECTLY, THIS WENT IN FRONT OF THE LW P AND WE GOT A POSITIVE. I'M GOING TO TURN IT OVER TO JOSH AND LET HIM FINISH WITH THAT EXPLANATION. SURE. SO BEFORE THE PUBLIC HEARING OPENS, JUST TO UPDATE THE BOARD ON THE SEEKER STATUS, THE COORDINATOR REVIEW COMMENT PERIOD TECHNICALLY WILL END THIS FRIDAY ON THE FOURTH, BUT WE HAVE RECEIVED COMMENTS FROM PRETTY MUCH EVERY MAJOR AGENCY THAT WE SENT IT TO. WE JUST SENT IT TO THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION. WE SENT IT TO THE DOT. WE DID SEND IT TO ERIE COUNTY, AND I DID SEND IT TO THE TOWN'S LOCAL WATERFRONT REVITALIZATION COMMITTEE. THEY DID REVIEW THE PROJECT AND DID ISSUE A POSITIVE RECOMMENDATION, WHICH IS IN THE FOLDER. SO ALL OF THAT DOCUMENTATION FROM THE COMMENTS FROM THE COORDINATOR REVIEW ARE IN THE FOLDER. NONE OF THE MAJOR AGENCIES HAD ANY MAJOR CONCERNS THAT THEY SHARED IN THE PROJECT, AND ERIE COUNTY DIDN'T HAVE ANY RECOMMENDATION AT ALL. SO THAT'S JUST AN UPDATE ON THE SEEKER PROCESS. 
          OBVIOUSLY, WE CAN HOLD THE PUBLIC HEARING TONIGHT. AND THEN IF YOU HAVE ANY OTHER FURTHER REQUESTS OF THE APPLICANT, YOU KNOW, NOW IS THE TIME TO ASK. AND IF YOU FEEL COMFORTABLE, THEN YOU CAN PROCEED TOWARDS A POTENTIAL APPROVAL DECISION AT A FUTURE MEETING. OKAY. MR. SWEENEY, DO YOU HAVE ANYTHING ADDITIONAL TO ADD THAT HAS NOT ALREADY BEEN PRESENTED TO THIS BOARD? NO. NO, SIR. OKAY. THEN WHAT WE WOULD LIKE TO DO AT THIS TIME IS PROCEED WITH THE PUBLIC HEARING. IS THAT OKAY? SO YOU CAN JUST HAVE A SEAT AND WE'LL DO THAT. 
          OKAY. THANK YOU. COULD YOU PLEASE READ THE PUBLIC HEARING NOTICE? LEGAL NOTICE. TOWN OF HAMBURG. PLANNING BOARD SITE PLAN. APPROVAL NOTICE IS HEREBY GIVEN THAT THE TOWN OF HAMBURG PLANNING BOARD WILL CONDUCT A PUBLIC HEARING ON A PROPOSAL FOR A 5500 ZERO SQUARE FOOT INDUSTRIAL STORAGE BUILDING ON EXISTING ASPHALT GRAVEL STORAGE YARD TO BE LOCATED AT 3100 LAKESHORE ROAD. SB L NUMBER 150.00-1-1.2. THE PUBLIC HEARING WILL BE HELD ON SEPTEMBER 2ND, 2026 AT 7 P.M. IN ROOM SEVEN A AND SEVEN B OF THE HAMBURG TOWN HALL. OKAY, LOOKING AT THE PEOPLE IN THE AUDIENCE, I'M GOING TO KNOW HOW THIS IS GOING TO RUN, BUT SO I HAVE TO OPEN UP THE PUBLIC HEARING. IS THERE ANYONE THAT WISHES TO MAKE COMMENT ON THE MIKE SWEENEY PROJECT AT AT 3100 LAKESHORE ROAD? SECOND CALL FOR THE PUBLIC HEARING FOR MIKE SWEENEY AT THREE ONE LAKESHORE ROAD, 3100 LAKESHORE ROAD. THIRD AND FINAL CALL FOR THE PUBLIC HEARING FOR MIKE SWEENEY AT 3100 LAKESHORE ROAD. I'M CLOSING THE PUBLIC HEARING. 
          BOARD MEMBERS, DO YOU HAVE ANY ADDITIONAL QUESTIONS FOR THE APPLICANT AT THIS TIME? ARE YOU IN FAVOR OF MOVING FORWARD? I'M IN FAVOR OF MOVING FORWARD. MEMBER RYAN, MEMBER OF SUPPORTS IN FAVOR MOVING FORWARD. I THINK THEY ADDRESSED ALL COMMENTS AND ALSO RESPONSES FROM AGENCIES AND SO FORTH. MEMBER STEWART I AGREE. OKAY. MEMBER DJERASSI I AGREE. OKAY, WELL, I GOT A TALKATIVE BOARD TONIGHT. OKAY, GOOD. THAT'S WHAT HAPPENS WHEN YOU'RE SILENT FOR AN HOUR AND A HALF. OKAY. SO JOSH, SEEING THAT WE'VE GOT. MAJOR AGREEMENT, WE'LL GO AHEAD AND HAVE YOU DRAFT DRAFT SECRET PART TWO AND PART THREE FOR CONSIDERATION BY THE BOARD AND THEN AN APPROVAL RESOLUTION. ARE THERE ANY CONDITIONS THAT YOU CAN THINK OF NOW? I MEAN, OBVIOUSLY, YOU KNOW, I'LL I'LL CRAFT BASED OFF THE DISCUSSION OF WHAT I THINK, BUT IF THERE'S ANY SPECIFIC CONDITIONS AT THIS POINT, I DON'T I DON'T SEE ANY MUCH. BUT IF THERE'S ANY THAT SOMEBODY THINKS OF, FEEL FREE TO LET ME KNOW. I, I DON'T, BUT YOU BOARD MEMBERS HAVE BEEN HERE LONGER. I, I THINK I MISSED THE BEGINNING PART OF THIS. I WOULD ONLY SAY DARK SKY COMPLIANT LIGHTING. YEAH, THAT WOULD BE THE ONLY THING. OKAY. WE'LL DO. I WILL PUT THOSE TOGETHER. AND FOR THE 16TH I HAD IT EARMARKED PREVIOUSLY. HOW MANY CASES FOR THE 16TH? RIGHT NOW I'M AT INCLUDING THEM. THEY WOULD BE FIVE. OKAY. CAN WE CAP IT? YEAH. WE HAVE SOME THAT ARE ON THE WORK SESSION THAT ARE NEW. BUT IN TERMS OF ONES THAT WILL BE RETURNING, IF YOU WANT TO CAP IT AT THAT, YOU CAN. I, I THINK WITH 2FESFEISS AND, AND THE RESULTS FROM THE 
          [01:45:02]
PUBLIC HEARING AND A SEEKER, I THINK THAT THAT WOULD BE OKAY. I DON'T REALLY THINK THEY WANT TO BRING THEIR SLEEPING BAGS. GOTCHA. OKAY. ALL RIGHT. SO LET'S DO THAT. OKAY. THANK YOU. 
          [4. M&T Bank – Requesting Site Plan Approval on a proposal for a drive-up ATM kiosk to  be located at 6000 South Park Avenue ]
OUR NEXT CASE IS MAT BANK REQUESTING SITE PLAN APPROVAL ON A PROPOSAL FOR A DRIVE UP ATM KIOSK TO BE LOCATED AT 6000 SOUTH PARK AVENUE. THE APPLICANT IS LOOKING TO PROPOSE A DRIVE UP ATM AT THE THE EXISTING M.A BANK BUILDING IN THE PLAZA NEXT TO THE TOWN HALL AT 6000 SOUTH PARK AVENUE. YOU'VE BEEN BEFORE US BEFORE, CORRECT OR NO? IS THIS YOUR FIRST TIME? IS IT THE FIRST TIME FOR THIS PROJECT? FIRST TIME FOR THIS ITERATION OF THE PROJECT? OKAY. OKAY. SORRY. HAVING A FLASHBACK? WHAT CAN I TELL YOU? OKAY. SO PLEASE IDENTIFY YOURSELF. YOU MIGHT WANT TO PICK UP THAT MICROPHONE SO EVERYBODY CAN HEAR YOU, EVEN THOUGH THEY'RE RECORDING AND THE ROOM IS HALF EMPTY. BUT WE NEED TO HEAR WHAT YOU HAVE TO SAY, SO GO AHEAD. GOOD EVENING. I'M STEVE FROM PICKED UP A LITTLE CLOSER. OKAY. THERE YOU GO. GOOD EVENING. I'M STEVE MULVANEY FROM SCHEID ARCHITECTURAL HERE WITH ME TODAY IS SANDY MANCUSO FROM M T BANK. SHE'S THE PROJECT MANAGER. WE ARE WE ARE SEEKING PLANNING BOARD APPROVAL FOR A DRIVE UP ATM KIOSK LOCATED IN THE PARKING AREA BEHIND THE BRANCH, TO GIVE THE BANK CUSTOMERS SERVICE TO ADDITIONAL ATM. IT MEETS PLANNING BOARD. IT MEETS TOWN REQUIREMENTS FOR STACKING, HAS NO IMPACTS ON STORMWATER OR PARKING. PRETTY STRAIGHTFORWARD PROJECT. OKAY. THAT'S IT. YOU DON'T. PRETTY SIMPLE. YEAH. IT'S A IT'S A IT'S AN ATM KIOSK A CLEARANCE POLE AND A AND A AND A LIGHT POLE. OKAY. TO MEET THE ATM SAFETY ACT REQUIREMENTS FOR LIGHTING. JOSH, DO YOU HAVE ANYTHING ELSE TO TO ADD? I'LL JUST ADD THE WHOLE REASON IT'S EVEN BEFORE YOU IS TYPICALLY SMALLER PROJECTS. YOU KNOW, THEY WOULDN'T COME TO THE BOARD, BUT BASED OFF OF PRIOR PRECEDENT, WE'VE HAD BASICALLY EVERYTHING IN THAT PLAZA NEXT DOOR TO TOWN HALL COME TO THE BOARD. WHILE IT IS MINUSCULE WANTED TO JUST BRING IT TO THE BOARD TO SEE IF THERE WERE ANY, YOU KNOW, CONCERNS, ANY ISSUES FROM A PLANNING DEPARTMENT STANDPOINT, WE DIDN'T HAVE ANY ISSUE WITH IT. IT'LL BE A TYPE TWO ACTION UNDER SEEKER. REALLY NO ENVIRONMENTAL IMPACTS FROM FROM OUR STANDPOINT. AND IF YOU FEEL COMFORTABLE ENOUGH, YOU CAN SCHEDULE IT. IT IS ONE OF THE FIVE FOR THE PUBLIC HEARING ON SEPTEMBER 16TH. IF YOU WANT TO MOVE IT TO THAT MEETING, OR YOU CAN DO IT TO A MEETING IN THE FUTURE. OKAY. SO. DOES ANYBODY HAVE ANY OTHER ADDITIONAL QUESTIONS? MEMBERS? I DON'T HAVE ANY ADDITIONAL QUESTIONS. I SUPPORT BEING HELD ON THE 16TH. JUST GET IT RUN THROUGH. OKAY? OKAY. THERE'S NO OTHER OBJECTIONS FROM ANYBODY? NO. DOES THE BOARD FEEL COMFORTABLE AUTHORIZING APPROVAL RESOLUTIONS AT THE SAME MEETING, OR DO YOU WANT TO TABLE THAT FURTHER? YOU CAN GO AHEAD AND DO THAT. OKAY. WE'LL DO OKAY. ALL RIGHT. WE'LL SEE YOU BACK ON THE 16TH. HOW'S THAT FOR A SPEEDY AFTER 2.5 HOURS. THANK YOU SO MUCH. WE APPRECIATE IT. YEAH. THAT'S WHAT HAPPENS WHEN YOU HAVE TO SIT THROUGH ALL THAT. SO, YOU KNOW, WE WE TREAT OUR GUESTS RIGHT HERE. NOTED AT THE SAME TIME WE'VE GOT THAT I KNOW YOU KNOW WHAT PUT HIM PUT HIM FIRST BECAUSE THERE'S NO PUBLIC HEARING. WE'RE GOING TO YOU'RE GOING TO BE FIRST. OKAY. THANK YOU SO MUCH. YOU'LL BE FIRST. OKAY. ALL RIGHT. THANK YOU. WE APPRECIATE YOUR PATIENCE. OKAY. 
          IS THE APPLICANT HERE FOR THE FINAL CASE? YES. OH, OKAY. OUR FINAL CASE THIS EVENING. IS THE 
          [5. A.K. Kaid – Requesting Change of Use and Site Plan Approval on a proposal for a  retail cannabis dispensary and associated site improvements to be located at 3233  Lakeshore Road]
THIS IS WHAT HAPPENS WHEN YOU PRINT AT THE BOTTOM OF THE PAGE A K CADE REQUESTING CHANGE OF USE AND SITE PLAN APPROVAL ON A PROPOSAL SITE OF A RETAIL CANNABIS DISPENSARY AND ASSOCIATE SITE IMPROVEMENTS TO BE LOCATED AT 3233 LAKESHORE ROAD. AND BEFORE YOU PROCEED, I AS THE CHAIR WOULD LIKE TO SAY SOMETHING ABOUT THIS CASE. SO WE RECEIVED AN EMAIL THIS AFTERNOON WHILE WE RECEIVED AN EMAIL THIS MORNING THINKING THAT THE. NO, LET ME BACK UP. 
          MAYBE I SHOULD HAVE YOU HANDLE THIS AT THE LAST. YOU WEREN'T HERE AND THE BOARD WAS PRETTY STRICT ABOUT CLOSING OFF THE GARAGE DOOR. WE CLOSED IT OFF AND LET ME JUST I'M SORRY TO CLOSE OFF THE GARAGE DOOR AND TO REMOVE THE PATIO. AND WE WERE VERY SPECIFIC ON WHY WE WANTED THE PATIO REMOVED. THIS AFTERNOON AT ABOUT 5:00, WE RECEIVED AN EMAIL FROM SOMEONE SAYING THAT YOU'RE REFUSING TO REMOVE THE PATIO. SO NO, I'M NOT. SO WE NEED TO. THERE'S 
          [01:50:09]
ALSO TWO OTHER TOPICS THAT NEED TO BE DISCUSSED TONIGHT. AND SO I GOT A CALL FROM JOSH. WE TALKED ABOUT IT AND I SAID THAT I THOUGHT THIS CASE SHOULD HAVE BEEN TABLED. UNTIL YOU DECIDE WHAT IT IS THAT YOU'RE GOING TO DO. SEEING THAT THE BOARD WAS VERY SPECIFIC IN LOOKING AT THE CANTERBURY LAW, CANNABIS LAW AND EVERYTHING BEING ON THE INSIDE, AND THAT IF YOU GO BACK AND YOU LOOK AT THE MEETING, I SPECIFICALLY SAID THAT I DIDN'T LIKE THE PATIO BECAUSE I DIDN'T WANT THE WELCOMING ATMOSPHERE. I CAN APPRECIATE THIS IS A BEAUTIFUL BUILDING YOU'RE BRINGING IT UP TO, TO WONDERFUL STANDARDS. WE APPRECIATE YOUR INPUT INTO THE COMMUNITY. WE REALLY DO. BUT THIS IS SOMETHING THAT WE CAN'T SET PRECEDENT ON AND THAT'S WHAT WE'RE CONCERNED ABOUT. AND SO I CAN'T I WANTED TO DISCUSS THIS WITH THE BOARD. I KNOW YOU ALL SAW THE EMAIL, AND I'M VERY CONCERNED ABOUT THIS, ESPECIALLY SINCE THIS BOARD WAS VERY SPECIFIC ABOUT THAT PATIO. SO. BOARD MEMBERS, DO YOU HAVE ANY COMMENTS? MEMBER SHIMURA, MEMBER SHIMURA. I THINK THAT IT WAS VERY CLEAR THAT THE PATIO, REGARDLESS OF IT, TRYING TO HAVE ARCHITECTURAL INPUT AND REVITALIZE THE CORNER, ENDS UP ENCOURAGING ON SITE CONGREGATING, WHICH THEN WILL END UP ENCOURAGING ON SITE CONSUMPTION. THIS IS NOT THAT TYPE OF INSTITUTION, RETAIL BUSINESS AND SO FORTH. IT IS ALSO AGAINST THE LAW TO BE ABLE TO HAVE ON SITE CONSUMPTION. AND SO IT'S FIND IT SLIGHTLY OFFENSIVE THAT AFTER HAVING MULTIPLE MEETINGS AND BEING VERY CLEAR THAT IT'S STILL THERE, AND THE COMMENT BACK, OKAY, I WASN'T TRYING TO BE DISRESPECTFUL. I, WE TRIED TO IMPROVE THE FACADE AND THE ENTRANCE. I THOUGHT THAT ADDING A TRELLIS OF WOOD KIND OF ANIMATES IT AND MAKES IT MORE INVITING. BUT IF THAT'S YOUR CALL AND, YOU KNOW, I TRY TO EXPLAIN IT. AND IF THAT'S YOUR FEELINGS, WE HAVE TO COMPLY TO MOVE FORWARD SO THAT THIS IS A CONCEPT. IT'S ON PAPER, WE CAN TAKE IT OUT AND WE WILL TAKE IT OUT. THAT IS NOT AN ISSUE. I WANTED TO, YOU KNOW, SAY IT IN PERSON. WE'RE TRYING TO DO A BETTER JOB, BUT IF YOU THINK THAT IT'S NOT GOING TO WORK AND IT'S AND IT'S REALLY VIOLATING YOUR SENSITIVITY AND YOUR DEMANDS, NOT A PROBLEM, WE COULD WE WILL REMOVE IT. IT'S NOT AN ISSUE. MEMBER SHIMURA, THE THE POINT OF THE TRELLIS, IF YOU WANT TO HAVE A TRELLIS TO BE AN ARCHITECTURAL ELEMENT, YOU CAN PUT IT OVER THE DOORWAY. 
          YOU DON'T NEED TO PUT A TRELLIS OVER TO THE SIDE. THAT CREATES A DECK THAT CREATES A CONGREGATING SPACE. THAT'S, YOU KNOW, I UNDERSTAND THAT. THAT'S FINE. WE CAN REMOVE IT. I SAID WE COULD REMOVE IT. AND I, I HAVE THE DRAWINGS AND I HAVE THE DESIGN AND I WILL REMOVE IT. 
          IT'S NOT AN ISSUE. I JUST WANTED TO SPEAK TO WHAT I THOUGHT. I THOUGHT IT WAS IMPORTANT AND I THOUGHT IT WAS BENEFICIAL. SO IF IT'S NOT GOING TO WORK, WE CAN REMOVE IT. 
          I JUST SAID IT TWO MINUTES AGO WOULD TAKE US ABOUT 15 MINUTES. NOT A PROBLEM. OKAY. AND THEN THE OTHER QUESTION, WELL, THE OTHER THING THAT YOU WERE COMING BACK WITH, WE JOSH EMAILED YOU AND ASKED YOU ABOUT THE SECURITY. WE NEEDED A AN EXPLANATION ON THE SECURITY SYSTEM, A FURTHER EXPLANATION ON THE SECURITY SYSTEM. WE PUT TOGETHER A, A SECURITY SYSTEM WHERE WE WERE GOING TO HAVE EIGHT CAMERAS INSIDE AND EIGHT CAMERAS OUTSIDE. WE'RE GOING TO HAVE A MONITORED SYSTEM. IT'S A REQUIREMENT AND IT'S GOING TO BE 24 HOUR, YOU KNOW, BACKED UP. 
          AND WE'LL HAVE A, YOU KNOW, A THIRD PARTY SERVICE TO COVER THAT. AND IT WOULD ALSO BE TIED IN WITH THE POLICE. AND I THOUGHT I THOUGHT I WROTE THAT IN EARLIER, I THINK THERE MIGHT HAVE BEEN A QUESTION ABOUT THE MONITORING. IF IT WAS MONITORING THROUGH AN AGENCY. I THINK THAT'S WHAT THE CLARIFICATION NEEDED TO BE. WE HAD WE'RE GOING TO HIRE A THIRD PARTY AGENCY TO MONITOR IT 24 OVER SEVEN. OKAY? BECAUSE WHEN PEOPLE LEAVE, YOU STILL HAVE TO HAVE THE PLACE MONITORED. AND MEMBERS, YOU HAD A QUESTION ABOUT THE SECURITY SYSTEM, A LOT OF QUESTIONS. YOU HAVE A LOT. OKAY. YEAH. WHAT YOU SENT, I MEAN, IT'S SEEMS LOOKING AT NEW YORK STATE REQUIREMENTS. IT SEEMS THAT IT'S ADEQUATE FOR ASSET PROTECTION, BUT IT'S DEFICIENT IN PROTECTION OF THE OUTSIDE AREA. YOU KNOW, HAVING OFF SITE MONITORING, YOU KNOW, DOESN'T DOESN'T HELP TO PROTECT LIKE THE, YOU KNOW. ANYTHING, ANY INCIDENCES HAPPENING 
          [01:55:01]
OUTSIDE, IT DOESN'T HELP PROTECT OTHER PROPERTIES ADJOINING OR ADJACENT TO THIS FACILITY. CAN YOU CAN YOU GIVE ME A LITTLE CLEARER? YEAH, YEAH, I'LL GO THROUGH SOME OF THE STUFF. AND THEN THE OTHER THING, ENSURING YOU HAD IT IN HERE, THAT ENSURING THE 30 DAY RETENTION FOR THE VIDEO, THE NEW YORK STATE LAW IS 60 DAYS. AND THEN IT HAS TO BE INSPECTED AND TESTED. WITHIN 30 DAYS, YOU KNOW, NOT NOT OVER 30 DAYS, NOT OVER 30 DAYS. OKAY. WHICH, WHICH WOULD BE WHATEVER YOUR SECURITY PROVIDER, THEY YEAH. THE SECURE, THIS IS THEIR REQUIREMENTS. THE STATE HAS REQUIREMENTS THAT WE HAVE TO COMPLY WITH. IF YOU DON'T COMPLY WITH THE STATE REQUIREMENTS, THEY COULD SHUT YOU DOWN VERY, VERY EASILY. AND WE SO SO FOR THE FOR THE OUTSIDE REQUIREMENTS, YOU KNOW, THEY, THEY, THEY TALK ABOUT NEW YORK STATE TALKS ABOUT LOITERING, YOU KNOW, STOPPING, LOITERING. AND, YOU KNOW, OUTSIDE CONSUMPTION. LET ME SEE HERE. WELL, CAN I ASK A QUESTION? OH, THE, THE, THE OTHER THING IS, IS THAT NEW YORK STATE LAW, THEY YOU HAVE TO CHECK IDS. NO ONE'S ALLOWED IN THE FACILITY UNDER 21. AND THAT LIKE. SO SOMEBODY HAS TO BE DOING THAT. THAT'S PART OF THE OPERATION, RIGHT? YEAH. SO SO ARE YOU ARE WILL THERE BE A SECURITY OFFICER? THAT'S MY QUESTION. REALLY WHAT IT COMES DOWN TO IS THERE GOING TO BE A SECURITY OFFICER THERE WHILE THE PLACE IS OPEN? WE HAVE CHECK CHECKING IDS WILL BE CHECKING IDS WHEN YOU KNOW, WHEN WE MAKE A SALE, THERE'S PEOPLE WHO ARE GOING TO BE IN IN THE BUILDING. WE ALSO HAVE NEW YORK STATE LAW. IS THAT IT? NO ONE UNDER 21 IS ALLOWED INSIDE THE FACILITY. SO IF YOU'RE MAKING A SALE AND THAT'S WHEN YOU CHECK IDS, YOU'RE TOO LATE. WELL, ARE YOU THINKING THAT WE SHOULD HAVE SOMEBODY AT THE DOOR CHECKING THE ID? YEAH, USUALLY I COME IN AND THERE'S A PERSON IN FRONT OF YOU. AND IF YOU'RE. AND IF YOU LOOK LIKE YOU'RE NOT, YOU DON'T HAVE. IF YOU'RE NOT OLD ENOUGH TO BUY, YOU KNOW, THEY THEY WOULD ASK YOU TO LEAVE. I MEAN, THERE'S AN OPERATIONAL. WE ALSO HAVE A SECURITY OFFICE WHERE SOMEBODY WILL BE IN THE OFFICE, BUT IT'S NOT GOING TO BE A SECURITY OFFICER. IT'LL BE A, YOU KNOW, PART OF THE, YOU KNOW, PEOPLE WHO WORK IN THE FACILITY AND WILL HAVE, YOU KNOW, THE COMPUTERS. I, I JUST, YOU KNOW, SO IF YOU HAVE SOMEBODY CHECKING IDS, YES, WE'LL HAVE CHECKING IDS. YOU HAVE THE BUS STOP THAT'S RIGHT IN FRONT OF THE PLACE. SO YOU'RE GOING TO HAVE, YOU KNOW, WHATEVER YOUR STAFF IS GOING TO HAVE TO KIND OF BE KEEPING AN EYE ON THAT SO THAT, YOU KNOW, CUSTOMERS THAT COME IN DON'T GO TO THE, YOU KNOW, THE BUS STOP AND LIGHT UP AND WHATNOT OR HAVE DO ANYTHING OR CONGREGATE AROUND THAT BUS STOP OR WHATEVER. I DON'T HANG ON A SECOND. THAT'S NOT THAT'S NOT. YEAH, BUT I'M SAYING NOT THAT'S NOT UP TO HIM TO ENFORCE THAT. WELL, WHILE THEY'RE ON THEIR PROPERTY. SO IF THEY'RE MIGRATING AND, YOU KNOW, IT'S JUST A PLACE THAT I DON'T KNOW, YOU KNOW, IT'S A PUBLIC AREA. I UNDERSTAND WHERE YOU'RE COMING FROM, BUT WE HAVE TO STAY WITHIN OUR LANE AND THE APPLICANT IS NOT RESPONSIBLE FOR OFF HIS PROPERTY. YEAH. AND THE YORK IS GOING TO MONITOR ALL THAT I'M SAYING WHILE THEY'RE ON THEIR PROPERTY. SO THEY CAME IN AND PURCHASED AND YOU'RE TALKING ABOUT THE BUS STOP, RIGHT? YEAH. I'M TALKING SO, SO SO IF THEY'RE OUTSIDE THE BUS STOP AREA, BUT STILL ON THEIR PROPERTY, YOU KNOW, AND PEOPLE ARE CONGREGATING AROUND THERE. BUT AGAIN, I THINK THAT THAT'S WHAT HIS CAMERAS WILL TELL HIM TO DO. WE CAN'T REGULATE THAT. THAT'S THE STATE OF NEW YORK REGULATING THAT. 
          AND THEY'RE GOING TO HAVE INSPECTIONS. I. RIGHT, EXACTLY. SO I THINK THAT ALSO THAT THEY HAVE, I GUESS, A PERIMETER PERIMETER ALARM THAT COMMUNICATES WITH AN INTERNAL DESIGNEE. SO AND ALSO AN OFF SITE ONE. SO SOMEBODY HAS TO BE THERE THAT WOULD BE ALERTED TO LIKE A PERIMETER ALARM. AND THEY ALSO HAVE TO, SOMEBODY HAS TO THE STAFF HAS TO BE AWARE OF LOITERING AND STOP THAT. THAT'S IN NEW YORK STATE'S RIGHT MEMBERS. CAN I ASK YOU A QUESTION? IS THIS YOUR FIRST CANNABIS SINCE YOU'VE BEEN ON THE PLANNING BOARD? YEAH. OKAY. 
          SO I JUST WANT YOU TO KNOW THAT BEFORE THEY OPEN, THEY WILL BE GOING THROUGH NEW YORK STATE. 
          NEW YORK STATE'S GOING TO GO THROUGH ALL THAT. THAT'S NOT OUR THAT'S NOT OUR LANE TO 
          [02:00:02]
ENFORCE. WELL, I MEAN, WE HAVE, YOU KNOW, THAT THE FOR SECURITY, THE APPLICANT IN OUR CODE, THE APPLICANT MUST DEMONSTRATE THE APPROPRIATE MEASURES ARE IN PLACE TO PROTECT ADJOINING PROPERTIES. RIGHT. SO WITH ALL THE STUFF WITH NEW YORK STATE, LIKE I DON'T SEE HOW THE STAFF IS GOING TO, YOU KNOW, JUST THE STAFF THAT'S ALSO NOW THEY HAVE TO DO SALES. SO WHAT I'M GETTING AT IS THAT I WOULD THINK THAT YOU. AND IT SEEMS THAT MOST CANNABIS PLACES HAVE A SECURITY OFFICER. NO, THAT'S THAT'S NOT TRUE. I MEAN, I DON'T BUY CANNABIS AND I DON'T GO IN VERY OFTEN. AND I'VE DONE 3 OR 4, BUT WE DON'T HAVE A SECURITY GUARD WHO IS SPECIFICALLY SITTING THERE AS A SECURITY GUARD. WE DID ONE ON FOREST, AND IT'S BEEN OPERATIONAL FOR ABOUT A YEAR AND WE HAVEN'T HAD ANY TROUBLE. BUT IT'S, YOU KNOW, THERE'S PEOPLE THERE'S FOUR PEOPLE, 3 OR 4 PEOPLE WORKING THE SITE. THERE'S A PERSON IN, IN AN OFFICE WHO DEALS WITH SECURITY. I REMOVE THE DOOR ON THE NORTH SIDE. SO THE DOOR ON THE SIDE LET ME FINISH THE DOOR ON THE SOUTH SIDE. WE CHANGED THE SWINGS AND WE REMOVED THE HARDWARE SO THAT YOU CAN'T GET INTO IT. THERE'S ONLY ONE ENTRANCE INTO THE BUILDING AND THAT'S THROUGH THE FRONT VESTIBULE AND FRONT ENTRANCE PERIOD. SO WE DON'T HAVE WE DON'T HAVE WE REMOVED TWO DOORS AND WE CHANGED THE DOOR SWING ON THE ON THE SOUTH DOOR SO THAT THERE IS NO OUTDOOR HARDWARE. SO YOU SAID THERE'S GOING TO BE SOMEBODY IN THE SECURITY OFFICE, SOMEBODY IN THE SECURITY. ARE THERE GOING TO BE MONITORS THERE THAT THEY CAN SEE THE CAT? OKAY. THAT'S, THAT'S WHERE I WAS GETTING AT. AND THAT WAS MY ORIGINAL QUESTION LAST MEETING. FIRST OFF, I WANT TO BE COMPLIANT WITH BUT BUT IN, YOU KNOW, IN THIS LETTER, IT DOES LIKE, BECAUSE WE WERE GOING TO THIS IS GOING TO END UP BEING PART OF THE RESOLUTION. I ASSUME THAT IS CORRECT. SO I THINK TO, TO PUT A BOW ON IT. SO I, I THINK YOU'RE RIGHT, MEMBERS, THERE'S OBVIOUSLY THERE'S THE STATE LAW. A LOT OF THAT WILL BE POLICE MATTERS IF THE POLICE ARE CALLED. OBVIOUSLY, CODE ENFORCEMENT WILL BE RESPONSIBLE FOR ENFORCING THE SITE PLAN CONDITIONS. I THINK AS OUR CODE GIVES US, IT GIVES THE PLANNING BOARD THE LEEWAY. ONE OF OUR THINGS THAT YOU MENTIONED, IN THE CONDITIONS THAT WE WILL PROBABLY PUT WILL BE ABOUT SECURITY AND THAT THE PLANNING BOARD TO YOUR GUYS'S LEVEL, YOU HAVE TO BE COMFORTABLE WITH WHAT IS PUT IN THEIR SECURITY MEASURES AND WHAT IS ON THAT LETTER OF WHAT YOU GUYS ASKED FOR WILL BE ONE OF THE CONDITIONS. AND THAT'S WHAT CODE ENFORCEMENT WILL USE THAT THEY WILL HOLD. WHAT'S IN THAT ENFORCEMENT OF THE SECURITY PLAN THAT THEY PUT AND WHAT YOU GUYS FEEL COMFORTABLE WITH. SO IF YOU WANT EXTRA AND IF OTHER BOARD MEMBERS AGREE WITH YOU, THEN YOU CAN ASK THEM TO ADD ADDITIONAL MEASURES. IF YOU GUYS FEEL COMFORTABLE WITH HOW IT SOUNDS NOW, THEN YOU CAN LEAVE IT AT THAT. BUT THAT'S KIND OF WHERE THE PLANNING BOARD HAS A LITTLE BIT OF AUTHORITY FOR SECURITY MEASURES. 
          HOPEFULLY THAT HELPS. IT. IT DOES. SO I, I GUESS I WOULD ASK TO JUST ADD ADDITIONAL TO THE, TO THIS, THAT, YOU KNOW, THERE'S GOING TO BE A SECURITY OFFICE AND WHAT'S GOING TO BE DONE FOR THE OUTSIDE PERIMETER, YOU KNOW, PERIMETER, YOU KNOW, WE HAVE THE INTERIOR AND THEN WE HAVE EIGHT CAMERAS TO TAKE CARE OF THE OUTSIDE, AND WE'RE GOING TO BE DOCUMENTING IT. AND WE HAVE IT, YOU KNOW, IN THE WE HAVE A COMPUTER AND WE'RE GOING TO BE, YOU KNOW, YOU KNOW, RECORDING IT. AND THEN IF THERE'S AN ISSUE, WE WOULD RESPOND TO WHATEVER ISSUE THAT WE HAVE. BUT WHAT WE'RE TRYING TO DO IS WE'RE WE'RE TAKING A LARGE PORTION OF THE AREA THAT HAS A BLACK TOP, AND WE'RE PUTTING IN A GREEN SPACE AND WE'RE PUTTING IN TREES. WE HAVE A SITE WHERE THERE'S, YOU KNOW, CONCRETE AND OLD BROKEN UP BLACKTOP. WE'RE COMPLETELY REPAVING THE ENTIRE SITE AND WE'RE TRYING TO CONTROL IT WITH, YOU KNOW, EIGHT PARKING SPACES, YOU KNOW, AND WE AGAIN, YOU KNOW, IF THE, THE TRELLIS WAS AN ISSUE AND YOU THOUGHT THAT PEOPLE WOULD BE STAYING IN, IN, IN, IN SMOKING UNDERNEATH THE TRELLIS BECAUSE EVEN THOUGH IT'S A, IT'S AN OPEN TRELLIS, IT'S NOT, THERE'S NO ROOF OR ANYTHING, BUT WE COULD REMOVE THAT AND WE, WE HAVE SOME PLANTERS ON THE OUTSIDE OF IT. SO. AND REMOVE THE PATIO AND REMOVE THE, THE WORD PATIO. IT'S STILL. WE HAVE TO PUT SOMETHING THERE. IT'S GOING TO BE. WE PUT IN CONCRETE, BUT WE COULD PUT. THE PATIO WAS NOT A PATIO. WE DIDN'T MAKE IT A PATIO. WE JUST PUT CONCRETE. THAT'S ALL IT WAS. WELL, AS LONG AS IT DOESN'T LOOK LIKE A PATIO, THAT'S FINE. SO THAT'S THE WHOLE THING. I'LL DO SOMETHING. OKAY. SOME GRASS IN THERE OR SOMETHING. OKAY, OKAY. HOW'S THAT? OKAY. DO YOU HAVE ANY OTHER QUESTIONS? OKAY. 
          WHERE DO WE GO FROM HERE? THEY WEREN'T A PART OF THE ORIGINAL FIVE. IF YOU DIDN'T ADD THEM TO 
          [02:05:04]
SEPTEMBER 16TH, THE NEXT MEETING WOULD BE OCTOBER 7TH. AND IT'S JUST THE RESOLUTION FOR IT WOULD BE. IT WOULD JUST BE THE APPROVAL RESOLUTION FOR THE 16TH. IF THE BOARD IS COMFORTABLE, BOARD MEMBERS, I'D LIKE TO ADD THEM TO THE 16TH AND PUT THEM SECOND. SECOND, IF WE CAN DO THAT. OKAY. IS EVERYBODY OKAY WITH THAT? THAT WILL GIVE US SIX CASES. YES. 
          IT'S GOING TO BE PAST BILLS BEDTIME, BUT AS LONG AS THAT REVISED PLAN. YEAH. SO WE WILL NEED YEAH, WE WOULD NEED THE REVISED PLAN FRIDAY END OF DAY, WHICH WOULD BE THE 11TH. THESE PLANS WILL BE CHANGED TOMORROW. YOU'LL HAVE THEM TOMORROW. SOUNDS GOOD. THAT WILL BE FINE. 
          THE SOONER THE BETTER. AS LONG AS THEY'RE ACCURATE, AS LONG AS THEY'RE THEY'RE COMPLETE AND THEY'RE ACCURATE. THAT'S ALL WE ASK. OKAY. IT'LL BE VERY ACCURATE. OKAY. ALL RIGHT. WELL, THANK YOU AND GOOD AND GOOD JOB. AND WE'LL SEE YOU BACK HERE ON THE 16TH, RIGHT? YEP. OKAY. 
          WE'LL SEE YOU BACK HERE ON THE 16TH. AND YOU WILL BE THE SECOND CASE. JOSH. I HOPE HE'LL 
          [Additional Item ]
REMEMBER. OKAY. THANK YOU. YOU HAVE A GOOD EVENING. OKAY. WE HAVE MINUTES TO APPROVE. TWO. 
          RIGHT. THE FIFTH AND THE 19TH. OKAY. AS SOON AS POSSIBLE. WHO IS NOT HERE ON THE FIFTH MEMBER SHIMURA, AND WHO IS NOT HERE ON THE 19TH MEMBER? OKAY, SO YOU TWO ARE NOT GOING TO VOTE ON ONE OF THEM. SO. SO ON AUGUST 5TH, ARE THERE ANY CHANGES, ADDITIONS, DELETIONS ON AUGUST 5TH, MINUTES. NOW IS NOT THE TIME TO GET QUIET, GUYS. NO. OKAY. SO WOULD SOMEBODY LIKE TO MAKE A MOTION? AUGUST 5TH MINUTES MEMBER STEWART I MAKE A MOTION TO APPROVE THE MINUTES FOR AUGUST 5TH. AUGUST 5TH. SORRY, IT'S BEEN MOVED. IS THERE A SECOND? MEMBERS. AJAK SECOND. OKAY, IT'S BEEN MOVED IN SECOND. ALL THOSE IN FAVOR OF APPROVING THE MINUTES FROM AUGUST 5TH WITH THE WITH THE EXCLUSION OF MEMBER SHIMURA, SAY I I OKAY MINUTES FOR AUGUST 5TH. APPROVED. AUGUST 19TH. MEMBER GERACI WAS ABSENT SO HE WILL NOT BE VOTING. I MAKE A MOTION TO APPROVE THE MINUTES FROM AUGUST 19TH. YOU KNOW WHAT? I DON'T KNOW THAT YOU CAN BECAUSE YOU WERE RECUSED. YEAH. CAN SHE CAN SHE APPROVE THE MINUTES? IT DOESN'T MATTER BECAUSE SHE SHE WAS RECUSED FROM PART OF THE MEETING. SHE COULD ACCEPT THAT PART. NO, SHE DIDN'T HAVE THE PRESENT. YES. NO THEY WEREN'T ON THE LAST ONE. OH. ALL RIGHT. OKAY. I ACTUALLY READ THROUGH THE MINUTES. OKAY. ALL RIGHT. SO WHEN SOMEBODY RECUSES THEMSELVES, THEY CAN STILL VOTE ON THE MINUTES. I HAVE TO LOOK IT UP. OKAY. RECUSED HERSELF AT THAT MEETING. 
          YES, I GOT THAT. BUT FOR THE FUTURE, BECAUSE WE DO HAVE RECUSALS. WHAT AM I DOING? IF THEY DID THE MOTION, THEY CAN'T DO THE MOTION ON THE PART WHERE THEY WEREN'T THERE. SO I JUST WON'T MAKE A MOTION WHERE THERE'S ANY MINUTES THAT HAS THE BEST PROJECT. OKAY, THAT SOUNDS LIKE A DEAL. GOT IT, GOT IT. PERFECT. I MAKE A MOTION TO APPROVE THE MINUTES FROM AUGUST 19TH, 2026. IT'S BEEN MOVED. IS THERE A SECOND MEMBER? RYAN? SECONDS IT. IT'S BEEN MOVED. 
          AND SECOND FOR THE AUGUST 19TH MINUTES EXCLUDING MEMBER GERACI. ALL THOSE IN FAVOR? AYE. 
          MINUTES FOR THE 19TH APPROVED. I MAKE A MOTION TO ADJOURN. I SECOND THE MOTION MINUTE SPEECH. 
          OKAY. VOTE ON THAT MOTION BEFORE YOU DO THAT. THE ONLY THING I WILL ADD BEFORE I ACCEPT THAT, I DO WANT YOU TO KNOW THAT I'VE BEEN IN CONSTANT CONTACT WITH ATTORNEY HOPKINS IN REGARDS TO THE PAPER. DFEIS FOR ONE WETZEL, AND HE ASSURES ME THAT IT'S GOING TO BE HERE SOON. WE THINK IN A DAY OR TWO, BUT I. TRUST ME, I HAVE BEEN I'VE BEEN EMAILING HIM, I'VE BEEN. I TALKED TO HIM TODAY ON THE PHONE. I'VE CALLED HIM, I'VE EMAILED HIM. I HAVEN'T SHOWN UP AT HIS HOUSE YET, BUT THAT'S NEXT. SO JUST SO YOU KNOW, FOR THOSE OF YOU WHO WANT THE PAPER, IT WILL BE HERE OR THE CASE WILL BE POSTPONED. OKAY, SO NOW THE MOTION HAS BEEN MADE TO ADJOURN. IS THERE A SECOND I SECOND IT, ALL RIGHT. ALL THOSE IN FAVOR?
* This transcript was compiled from uncorrected Closed Captioning.