[00:00:06]
EVENING. I'M CALLING THE PLANNING BOARD MEETING FOR OCTOBER 7TH TO ORDER. WOULD YOU ALL 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. TRACY, WOULD YOU PLEASE CALL THE ROLL? CYNTHIA GRUENHAGEN PRESENT. CAITLIN SHIMURA PRESENT. RICHARD SAJAK HERE. WILLIAM CLARK HERE. BRIAN STEWART HERE. KIM RYAN PRESENT. MILTON KWAN ABSENT AND EXCUSED. AUGUST TRACY HERE. OKAY, SO WE'RE GOING TO START THE REGULAR MEETING WITH HAMBURG TWO EAST S
[1. 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]
S LLC AND HAMBURG TWO WEST S LLC REQUESTING A USE VARIANCE AND A PLANNING BOARD APPROVAL FOR A CHANGE OF USE AND A SITE PLAN. THE APPLICANT HAS MADE THEIR PRESENTATIONS. WE'VE HAD A PUBLIC HEARING AND I UNDERSTAND, DID SEAN LEAVE? OH, I'LL STALL, I'LL STRETCH. SO WE'VE GONE THROUGH THE PUBLIC HEARING. THE APPLICANT SUBMITTED ALL OF THEIR ANSWERS TO THE BOARD. WE DO HAVE COPIES OF THEIR RESPONSES. IF ANYBODY WANTS TO SEE THOSE TONIGHT IS WE'RE GOING TO MOVE FORWARD AND I'M GOING TO TURN IT OVER TO JOSH TO EXPLAIN TO THE AUDIENCE, AS WELL AS TO THE BOARD ON WHAT'S ABOUT TO TAKE PLACE. AND BEFORE THAT HAPPENS, I AM RECUSING MYSELF BASED ON OUR MY PREVIOUS RECUSAL DUE TO THE MY EMPLOYER HAVING BUSINESS RELATIONSHIPS WITH THE APPLICANT. OKAY, BYE. SORRY, I HAD IT WRITTEN DOWN AND THEN I.OKAY. JOSH. SO WHERE WE ARE AND I DON'T KNOW IF SEAN'S GOING TO COME BACK, BUT WHERE WE ARE IS HAVING THE BOARD READY TO MAKE A SECRET DECISION. AS YOU MENTIONED, CHAIR, WE'VE HAD THE PUBLIC HEARING OUR A C HAS PUT TOGETHER A RESPONSES TO ALL THE PUBLIC HEARING COMMENTS, WHICH HAS BEEN SHARED WITH THE BOARD, WHAT WE DID AND WHAT I SHARED WITH THE BOARD FROM THE LAST MEETING IS A PART TWO OF THE FULL ENVIRONMENTAL ASSESSMENT FORM FROM A SECRET PERSPECTIVE, WHICH I'M PREPARED TO GO OVER. AND THEN WE HAVE A PART THREE ANALYSIS AND THEN A PROPOSED RESOLUTION, WHICH THE BOARD CAN DISCUSS AND THEN MOVE FORWARD WITH IF YOU FEEL COMFORTABLE.
SO WHERE WE ARE, EVERYONE ON THE BOARD SHOULD HAVE A COPY OF THE FULL ENVIRONMENTAL ASSESSMENT FORM PART TWO IN THERE FROM BASED OFF OF YOUR RESPONSES, FROM THE RESPONSES THAT WE GOT FROM THE PUBLIC, FROM THE INFORMATION THAT WAS SUBMITTED BY RICK. FOR STARTERS, WHAT I WANTED TO MAKE SURE IS THAT THE BOARD IS COMFORTABLE WITH EVERY IMPACT THAT WAS CHECKED OFF AS MODERATE OR LARGE AND CHECKED OFF AS YES, FOR FOR THOSE WHO DON'T KNOW, WHEN WE DO. SEEGER. WHEN WE LOOK AT EACH IMPACT, THERE'S A BOX THAT SAYS NO OR YES. AND WHAT THAT BOX IS ASKING FOR IS, DOES THIS BOARD AS BEING LEAD AGENCY? DOES IT FEEL THAT ANY OF THE IMPACTS EITHER HAVE, YOU KNOW, A SMALL OR NO IMPACT ENVIRONMENTAL IMPACT, OR DO THEY HAVE CONCERN FOR MODERATE TO LARGE IMPACTS? WHAT YOU'LL NOTICE IN THE PART TWO, THE ONES THAT SPECIFICALLY ARE CHECKED, YES, ARE IMPACT TO PLANTS AND ANIMALS. THAT'S NUMBER SEVEN IMPACT TO. HUMAN HEALTH. THAT'S NUMBER 16 IMPACT TO WITH CONSISTENCY WITH COMMUNITY PLANS. THAT'S NUMBER 17. AND THEN CONSISTENCY WITH COMMUNITY CHARACTER. YOU'LL NOTICE ALL THE OTHER IMPACTS. THERE'S 20 OF THEM IN TOTAL IN THIS PART TWO FROM THIS BOARD.
WE'RE NOT CHECKED OFF. I WANTED TO START THERE. ARE THERE ANY IMPACTS THAT WEREN'T CHECKED OFF OR THAT WERE CHECKED OFF ANY OF THE BOXES THAT WERE CHECKED THAT ANYBODY WANTS TO HAVE FURTHER DISCUSSION ON? DISAGREE WITH ANY OF THE THE ANSWERS THAT WERE PROVIDED IN THAT PART TWO. BEFORE WE MOVE FORWARD, BOARD MEMBERS. SO, I MEAN, I REMEMBER. CLARK. YEAH.
BILL CLARK I'VE GOT A FEW OF THEM. SO WE CHECKED OFF. YES. FOR PROPOSED ACTION MAY SUBSTANTIALLY INTERFERE WITH NESTING, BREEDING, FORAGING, OVERWINTERING HABITAT FOR THE PREDOMINANT SPECIES THAT OCCUPY OR USE THE PROJECT SITE. WHAT NUMBER ARE YOU ON, PLEASE? OH, SO THIS WOULD BE SEVEN G. OKAY. SO WHAT EXACTLY NESTS IN THIS AREA? BECAUSE I DON'T REMEMBER US HAVING MUCH DISCUSSION ABOUT ANIMAL NESTING ON THIS SITE. DO YOU WANT TO TAKE THAT? YEAH, I
[00:05:01]
THINK THAT STEMS FROM WE SUBMITTED A WE SUBMITTED THE IPAC, THE IPAC REPORT, WHICH RSC DID PROVIDE A RESPONSE TO, ABOUT THERE BEING THE PROPOSED. OR THERE MAY BE EAGLE NESTS WITHIN THE SITE DOESN'T CONFIRM THAT THERE ARE. BUT THE IMPACT REPORT DID HIGHLIGHT THAT THERE ARE A POTENTIAL FOR BREEDING NESTS FROM BALD EAGLES IN THE AREA. LIKE I SAID, RFC DID PROVIDE A RESPONSE TO THAT QUESTION, BUT BECAUSE IT WAS HIGHLIGHTED IN THE IPAC, WE CHECKED IT OFF, PROPOSED FOR DISCUSSION ON WHETHER OR NOT THE BOARD FELT LIKE THAT WAS WORTHY OF BEING A MODERATE TO LARGE ENVIRONMENTAL IMPACT, BECAUSE BALD EAGLES MIGHT MESS THEIR. BUT THERE'S. THAT'S A COMMON. OKAY. GO AHEAD. DID YOU HAVE SOMETHING ELSE? WELL, I DISAGREE THAT THAT WOULD BE A BALD EAGLE NESTING SITE. OKAY, SO THAT WOULD BE MY OPINION ON THAT. WE WANT TO GO OVER ALL OF THEM. WELL, WE'RE GOING TO GIVE YOU THE TABLE. GO AHEAD. GO AHEAD WITH WHAT YOU'VE GOT AND THEN WE'LL. ALL RIGHT. YEAH. IMPACT ON HUMAN HEALTH. I DON'T WE'VE HAD A LOT OF PEOPLE WEIGH IN ON THE POTENTIAL FOR FIRES. I DON'T THINK THE RISK IS HIGHER FOR THIS USE THAN A REGULAR RESIDENTIAL USE. SO THAT'S MY OPINION ON THAT ONE.THAT WOULD BE 16 M. MAKE SURE YOU'RE USING YOUR MIC SO THEY CAN HEAR. 17 A MODERATE TO LARGE IMPACT PROPOSED ACTIONS. LAND USE COMPONENTS MAY DIFFER FROM OR IN SHARP CONTRAST TO CURRENT SURROUNDING LAND LAND USE PATTERNS. IT IS IN BETWEEN TWO RAILROAD TRACKS. I DON'T KNOW WHAT EXACT TYPE OF USES WOULD BE CONSISTENT, OTHER THAN SOME TYPE OF INDUSTRIAL THING WHERE PEOPLE DON'T GO IN AND OUT VERY OFTEN. ANYTHING ELSE? 18 B PROPOSED ACTION MAY CREATE A DEMAND FOR ADDITIONAL COMMUNITY SERVICES, SCHOOL, POLICE AND FIRE. AGAIN, IF I DON'T THINK THAT THE RISK OF A FIRE IS ANY HIGHER FOR THIS USE THAN IF IT WAS A RESIDENTIAL USE, BASED ON THE AMOUNT OF FIRES THAT HAVE HAPPENED AT THESE TYPES OF FACILITIES IN THE PAST. SO I DON'T THINK THAT IT WOULD HAVE CAUSED AN INCREASE IN FIRE. AND I THERE'S NO RESIDENCE, SO THERE'D BE NO INCREASE TO SCHOOL OR POLICE. THAT ONES. THAT'S IT. OKAY, MEMBERS. JACK, DO YOU HAVE ANYTHING TO OFFER? NO. ANY QUESTIONS OR ANY. SO YOU HAVE NO QUESTIONS OR OBJECTIONS TO WHAT WAS PRINTED ON THIS REPORT. OKAY. MEMBER. YES. HELLO, STEWART, DO YOU HAVE ANYTHING THAT'S LISTED ON HERE THAT YOU WOULD LIKE TO DISCUSS? NOT ON HERE. OKAY. SO YOU DON'T HAVE ANY. YOU'RE IN AGREEMENT TO WHAT WAS PRINTED IN THE PART TWO OF THE OF THE SEEKER OF THIS WHAT WHAT MEMBER CLARK JUST WENT THROUGH AND HAD STATED HIS OBJECTIONS. I. I'M NOT IN AGREEMENT WITH SOME OF THE THINGS THAT HE HAD MENTIONED, ESPECIALLY ABOUT. MAKE SURE YOU GRAB YOUR MIC SO THEY CAN HEAR YOU WITH PERTAINING TO. IF THERE ARE YOU DISAGREE WITH THIS, DISAGREE WITH THAT. WE'LL GET TO KNOW IN A MINUTE. I DO NOT DISAGREE. YOU'RE IN AGREEMENT WITH THIS REPORT, CORRECT? OKAY. YES.
MEMBER. RYAN, I AM IN AGREEMENT WITH THIS REPORT. OKAY. MEMBER GERACI I'M ALSO IN AGREEMENT WITH THE REPORT. OKAY. I FORGOT TO MENTION THIS EARLIER, GUYS, BECAUSE I WENT BACK AND I WAS WATCHING THE MEETING AND I ALSO HAD A CONVERSATION WITH THE SECRETARY. PLEASE IDENTIFY YOURSELF BEFORE YOU START TALKING ON THE MIC, BECAUSE IT MAKES IT HARD FOR THE CAMERAS TO COME AND FOCUS IN. OKAY, OKAY. SO WOULD ANYBODY. SO. I'M ALSO IN AGREEMENT TO THIS REPORT. OKAY, SO NOW MEMBER CLARK STATED HIS CONCERNS OR HIS OBJECTIONS. AND I, TO BE HONEST WITH YOU, I'VE NEVER HAD A BOARD MEMBER STATE OBJECTIONS TO A A SPEAKER AT THIS POINT.
SO WHAT HOW DO WE ADDRESS THAT PART OF IT? MEMBER CLARK'S COMMENTS ARE ON THE RECORD.
HE'S MADE THEM CLEAR ON THE RECORD. IF A MAJORITY OF THE BOARD IS IN AGREEMENT WITH THE PART TWO, THEN WE CAN OKAY, WE CAN MOVE FORWARD. WE CAN MOVE FORWARD. OKAY, I, AND I CUT YOU OFF BECAUSE I KNEW HE WAS IN THE MIDDLE OF SOMETHING. SO YOU HAD WE HAD SOMETHING TO OFFER.
YEAH. SO FIRST OF ALL, SEAN HOPKINS ON BEHALF OF THE APPLICANTS, ALSO WITH ME IS
[00:10:02]
JEREMY KAUFMAN. AND DAN, I FORGOT YOUR LAST NAME, DAN MURRAY, WHO WAS HERE DURING THE PUBLIC HEARING. WE JUST LIKE BRIEFLY TO OFFER SOME COMMENTARY. AS YOU KNOW, THERE WAS A PUBLIC HEARING HELD PREVIOUSLY IN CONNECTION WITH THE COORDINATED ENVIRONMENTAL REVIEW OF THIS PROJECT. WE DID RECEIVE EXTENSIVE PUBLIC COMMENTS, AND WE HAVE MADE THE EFFORT TO RESPOND TO EACH AND EVERY ONE OF THOSE COMMENTS THAT WE RECEIVED. JEREMY, I DON'T KNOW IF YOU WANT TO CHIME IN QUICKLY. AND THEN AFTER HE DOES THAT ON A COUPLE OF THE CATEGORIES, I WOULD LIKE TO CHIME IN AS WELL. WELL, WE'VE GOT THE COMMENTS AND WE'VE GONE THROUGH THEM ALL. SO JUST SO YOU KNOW, HE DOESN'T NEED TO REITERATE THEM TONIGHT. DO I NEED TO? IT'S UP TO YOU IF YOU WANT TO LET HIM SPEAK. I DON'T UNLESS THERE'S SOMETHING ADDITIONAL AT THIS POINT. WE'VE GOTTEN EVERY EMAIL THAT EVERYBODY HAS SENT. WE'VE GOTTEN THE BOARD HAS BEEN WELL VERSED. THIS HAS BEEN GOING ON FOR MONTHS. BUT LET ME TELL YOU THAT THIS BOARD HAS BEEN ON THIS CASE. YOU HAVE. YES. I GUESS IN SUMMARY, WE BELIEVE WE'VE ADDRESSED EACH AND EVERY CATEGORY IDENTIFIED POTENTIAL IMPACT. IT'S IMPORTANT TO KEEP IN MIND WHEN YOU'RE DOING PART TWO OF THE A F. IF YOU ANSWER A QUESTION AS BEING MODERATE OR LARGE, THAT DOES NOT MEAN POTENTIALLY SIGNIFICANT. ALL THAT MEANS IS THAT IT WARRANTS SOME ADDITIONAL EVALUATION WITHIN WHAT'S KNOWN AS PART THREE OF THE A F. WE DID PROVIDE A HANDOUT TODAY ADDRESSING EACH OF THOSE CATEGORIES OF IDENTIFIED ENVIRONMENTAL IMPACTS. THE CORRELATES WITH THE PART TWO OF THE AF FORM, AND ULTIMATELY, WITH RESPECT TO WHAT'S IN FRONT OF THIS BOARD THIS EVENING, WHICH IS SOLELY A SEEKER DETERMINATION, WE THINK BASED ON YOUR HARD LOOK AT ALL OF THE INFORMATION, THE EXTENSIVE EVIDENCE THAT'S BEEN SUBMITTED, INCLUDING REPORTS PREPARED BY APPROPRIATE PROFESSIONALS.REALLY THE CORRECT DECISION HERE THIS EVENING IS TO ISSUE A NEGATIVE DECLARATION. NOW ISSUING A NEGATIVE DECLARATION. IS NOT THIS BOARD ENDORSING THE PROJECT IN ANY WAY WHATSOEVER? ALL IT WOULD MEAN IS WE PROCEED TO THE NEXT STEP, WHICH IS GOING TO THE ZONING BOARD OF APPEALS. THEY WOULD HAVE TO HOLD A CONTINUATION OF THE PUBLIC HEARING AND ISSUE A DECISION ON THE REQUESTED USE VARIANCE. AND THEN, OF COURSE, WE WOULD BE COMING BACK IN FRONT OF YOU IN THE FUTURE FOR SITE PLAN APPROVAL. AND THAT WOULD INCLUDE FULLY ENGINEERED PLANS, A TREE MANAGEMENT PLAN, AND ALL OF THE EXTENSIVE DOCUMENTATION THAT'S REQUIRED BY YOUR CODE. BUT WHEN IT COMES TO SEEKER AND SEEKER, ONLY THE ISSUANCE OF A NEGATIVE DECLARATION REALLY IS THE ONLY CORRECT DECISION THIS EVENING. AND WE HAVE REALLY TAKEN AN EFFORT OVER THE COURSE OF THE PAST 5 OR 6 MONTHS TO TRY AND ADDRESS EACH AND EVERY QUESTION THAT NOT ONLY THIS BOARD HAS ASKED AS PART OF YOU DOING YOUR HOMEWORK, BUT ALSO THE RESIDENTS. AND I WOULD ALSO NOTE THAT INVOLVED AGENCIES DID PARTICIPATE IN THIS ENVIRONMENTAL REVIEW, AND NONE OF THEM EXPRESSED ANY CONCERNS WHATSOEVER THAT THIS PROJECT WOULD RESULT IN ONE OR MORE POTENTIALLY SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACTS. SO BASED ON ALL OF THAT AND BASED ON THE EXTENSIVE DOCUMENTATION IN THE RECORD, WHICH WE WANT TO INCORPORATE EACH AND EVERY DOCUMENT WE'VE SUBMITTED, AS WELL AS THE TESTIMONY, RESPECTFULLY, WE WOULD ASK THAT YOU ISSUE A NEGATIVE DECLARATION. OKAY. THANK YOU.
WE'RE GOING TO GO BACK TO THE BOARD NOW FOR THEIR TIME. AND WHO HAS A COMMENT? MEMBER. RYAN.
MEMBER. RYAN. OKAY, THIS IS A LITTLE LONG. SORRY. I RECOGNIZE THAT WE MUST CONTINUE EXPLORING OR ALTERNATIVE SOURCES OF ENERGY AND METHODS OF STORING ELECTRIC ELECTRICITY AND STRENGTHEN THE SUPPORT OF OUR ELECTRICAL GRID. I AM NOT OPPOSED TO CLEAN ENERGY OR BATTERY ENERGY STORAGE IN PRINCIPLE. HOWEVER, SUPPORTING CLEAN ENERGY DOES NOT MEAN THAT EVERY PROPOSED PROJECT IS APPROPRIATE FOR EVERY LOCATION. MY RESPONSIBILITY IS TO CONSIDER WHETHER THIS PARTICULAR PROJECT OF THIS SIZE USING THIS TECHNOLOGY IS APPROPRIATE APPROPRIATE FOR THIS SPECIFIC SITE BASED ON THE INFORMATION PRESENTED TO US. I DO NOT BELIEVE THE APPLICANT HAS DEMONSTRATED THAT THAT IT IS. ONE OF MY GREATEST CONCERNS IS THE NUMBER OF UNKNOWN FACTORS THAT REMAIN. WE HAVE BEEN PRESENTED WITH INFORMATION FROM CONTROLLED TESTING AND COMPUTER MODELING, BUT WE HAVE NOT PROVIDED WITH SIGNIFICANT OPERATING DATA FROM COMPREHENSIVE FACILITIES USING THE PARTICULAR BATTERY SYSTEM UNDER SIMILAR REAL WORLD CONDITIONS, WITHOUT REAL WORLD OPERATIONS HISTORY, MANY OF THE ASSURANCES WE HAVE RECEIVED REMAIN PREDICTIONS RATHER THAN PROVEN RESULTS. THIS SITE IS ALSO IMMEDIATELY AFFECTED BY RAILROAD OPERATIONS. APPROXIMATELY 30 FREIGHT TRAINS MAY PASS THE PROPERTY DURING A 24 HOUR PERIOD, SEVEN DAYS A WEEK. I DO NOT EXPECT THE COMP, THE COMPASSION, THE COMP. YEAH, SORRY. MADE IN THE APPLICANT'S TESTING. B COMPARISON MADE IN THE APPLICANT'S TESTING BETWEEN THE TRAIN ACTIVITY AND AN EARTHQUAKE. THERE ARE TWO ENTIRELY DIFFERENT VIBRATION SCENARIOS. AN EARTHQUAKE IS GENERALLY ISOLATED EVENT, A RELATIVELY SHORT DURATION FREIGHT TRAINS COULD CREATE REPEATED VIBRATION POTENTIAL.
[00:15:02]
THOUSANDS OF SEPARATE VIBRATION VIBRATION EVENTS EACH YEAR THROUGHOUT AN OPERATING LIFE OF THIS FACILITY. TRAIN VIBRATION MAY ALSO HAVE DIFFERENT FREQUENCIES, DURATIONS, DIRECTIONS, EFFORTS DEPENDING ON THE TRAIN SPEED, WEIGHT, TRACK CONDITION, SOIL CONDITIONS, AND DISTANCE BETWEEN THE RAILROAD TRACKS AND BATTERY FACILITY. A GENERAL COMPARISON TO AN EARTHQUAKE DOES NOT ADEQUATELY EVALUATE THE LONG TERM EFFECT OF REPEATED SITE SPECIFIC RAILROAD VIBRATIONS, UNLESS THE ANALYSIS MEASURES OR RELIABLE MODEL THAT ACTUALLY PEAK POTENTIAL VELOCITY, VIBRATION, FREQUENCY, DURATION, AND CUMULATIVE NUMBERS OF VIBRATION CYCLES EXPECTED AT THIS LOCATION. I DO NOT BELIEVE THAT COMPARISON PROVIDES SIGNIFICANT EVIDENCE THAT THIS BATTERY CELL RACK'S ELECTRICAL CONNECTIONS, MODERATING MONITORING EQUIPMENT, FIRE EXPRESSION SYSTEMS, AND SUPPORTING STRUCTURES WILL REMAIN SAFE OVER TIME. CONTROL TESTING OR GENERALIZED EARTHQUAKE COMPARISON CANNOT SUSTAIN FOR A SITE SPECIFIC ANALYSIS FOR A CONDITION THAT THIS FACILITY EXPERIENCES EVERY DAY, THE APPLICANT SHOULD BE REQUIRED TO ADDRESS THE CUMULATIVE CUMULATIVE EFFORTS OF THE APPROPRIATE 30 FREIGHT TRAINS PER DAY OVER THE ENTIRE ANTICIPATED LIFE OF THIS PROJECT, INCLUDING HOW THE VIBRATION RELATED LOOSENING DAMAGE DURATION COULD DETECT BETWEEN SCHEDULED OR DETERIORATION WOULD BE DETECTED BETWEEN SCHEDULED INSPECTIONS, THE APPLICANT MAY SAY. THE MONITORING SYSTEM WILL IDENTIFY PROBLEMS, BUT MONITORING SYSTEMS DO NOT NECESSARILY PREVENT EVERY FAILURE. IT IS ALSO UNCLEAR WHETHER AN ANNUAL MAINTENANCE WOULD BE SUFFICIENT FOR EQUIPMENT, SUBJECT TO CONSTANT REPEATED VIBRATION VIBRATIONS. A SERIOUS PROBLEM COULD DEVELOP BETWEEN INSPECTIONS. WE NEED TO KNOW WHO WILL INSPECT THE FACILITY, WHAT STANDARDS WILL BE FOLLOWED, WHETHER VIBRATIONS WILL BE MONITORED CONTINUOUSLY WITH CONDITIONS WITH WOULD RATHER BE IMMEDIATE WITH AN IMMEDIATE SHUTDOWN. AND WHO WILL HAVE THE AUTHORITY TO ENFORCE THESE REQUIREMENTS? THE PROXIMITY OF THE RAILROAD CREATES A CONCERN BEYOND ORDINARY VIBRATIONS. THE. THE POSSIBILITY OF DERAILMENT, DEBRIS FLYING RAILROAD RELATED INCIDENTS AFFECTING THE FACILITY MAY ALSO BE MEANINGFUL.EVALUATE MEANINGFULLY EVALUATED. EVEN IF THE PROBABILITY OF SUCH AN EVENT IS CONSIDERED LOW, THE POTENTIAL CONSEQUENCES COULD BE SIGNIFICANT BECAUSE OF THE NATURE AND QUALITY OF THE ENERGY BEING STORED AT THIS LOCATION. I AM ALSO DEEPLY CONCERNED ABOUT THE SURROUNDING COMMUNITY. THE FACILITY WOULD BE LOCATED NEAR BUSINESSES, CHURCHES, SCHOOLS, RECREATION AREAS, TRANSPORTATION CORRIDORS, AND OTHER PLACES WHERE PEOPLE GENERALLY GATHER. IN MY OPINION, THE SIZE AND THE SIZE AND INDUSTRIAL NATURE OF THIS PROJECT ARE NOT CONSISTENT WITH THE ESTABLISHED CHARACTER AND EXISTING USE OF THE SURROUNDING COMMUNITY. NO ONE CAN GUARANTEE THAT A THERMAL RUNAWAY EVENT WILL NEVER OCCUR. THEREFORE, THE QUESTION IS NOT SIMPLE WHETHER THE APPLICANT CONSIDERED SUCH AN EVENT UNLIKELY. IT'S MORE IMPORTANT QUESTION IS WHETHER THE APPROPRIATE LOCATION. IF ONE DOES OCCUR, WE STILL NEED CLEAR, CREDIBLE ANSWERS REGARDING POTENTIAL AIR QUALITY IMPACTS, THE DISTANT SMOKE OR A CHEMICAL IMMERSION COULD TRAVEL EVACUATION AND SHELTER IN PLACE AREAS. EMERGENCY ACCESS, FIRE FIREFIGHTING CAPABILITIES, WATER SUPPLY CONTAMINATION, CONTAMINATED FIREFIGHTING RUNOFF, RAILROAD CONDITIONS AND HOW LONG SURROUNDING PROPERTIES WOULD BE AFFECTED. WE MUST ALSO DETERMINE WHETHER OUR LOCAL EMERGENCY RESPONDERS HAVE THE STAFFING, SPECIALIZED EQUIPMENT TRAINING AND THE RESOURCES NECESSARY NECESSARY TO MANAGE PROLONGED BATTERY, FIRE OR RELATED EMERGENCY. THESE RISKS CANNOT BE EVALUATED SEPARATELY OR DISMISSED. AT ONE TIME, THE REPEATED TRAIN VIBRATION POSSIBILITY OF A DERAILMENT, PROXIMITY TO POPULATION AND FREQUENTLY USED PROPERTIES. POTENTIAL FOR THERMAL RUNAWAY AIR QUALITY CONCERNS.
EVALUATION EVACUATION CHALLENGES MAINTAIN MAINTENANCE FREQUENCY, AND REAL WORLD OPERATING HISTORY MUST BE CONSIDERED TOGETHER AS A COMMUNITY. CUMULATIVE RISK. THE APPLICANT SHOULD ALSO DEMONSTRATE THE LESS POPULAR SHOULD ALSO DEMONSTRATE THE LESS POPULATED, MORE APPROPRIATE, INDUSTRIAL OR OTHERWISE SAFER ALTERNATIVE.
ALTERNATIVE LOCATIONS WERE GENERALLY EXAMINED. IF THE PROJECT CARRIES A POTENTIAL SERIOUS CONSEQUENCE. CONSENT PROCESS AVAILABLE ALONE SHOULD NOT DETERMINE WHETHER IT IS
[00:20:02]
PLACED, WHERE IT WHERE IT IS PLACED. ALTERNATIVES INVOLVE A SMALLER PROJECT, A DIFFERENT CONFIGURATION, GREATER SETBACKS, ADDITIONAL PROTECTIVE MEASURES OR A DIFFERENT LOCATION SHOULD BE FULLY EVALUATED. I UNDERSTAND NO DEVELOPMENT CAN BE COMPLETELY RISK FREE OF RISK.HOWEVER, BURDEN SHOULD BE ON THE APPLICANT TO PROVIDE CREDIBLE EVIDENCE THAT THE RISKS HAVE BEEN IDENTIFIED, INDEPENDENTLY EVALUATED, MINIMIZED, AND PROVEN TO BE MANAGEABLE. MANAGEABLE AT THE PROPOSED LOCATION. THE COMMUNITY SHOULD NOT BE EXPECTED TO ACCEPT UNRESOLVED QUESTIONS BASED PRIMARILY, ASSURANCE, SAFETY AND MONITORING SYSTEMS ARE SUPPOSED TO WORK. I SUPPORT RESPONSIBLE CLEAN ENERGY DEVELOPMENT, AND I RECOGNIZE THE IMPORTANCE OF ENERGY STORAGE TO THE FUTURE OF OUR ELECTRICAL GRID.
NEVERTHELESS, BASED ON THE RECORD CURRENTLY BEFORE US, I DO NOT BELIEVE THE APPLICANT HAS ESTABLISHED THAT THIS PARTICULAR SITE IS APPROPRIATE LOCATION FOR THIS PARTICULAR PROJECT WITH A NUMBER OF SERIOUSNESS, SERIOUSNESS OF UNKNOWN FACTORS THAT REMAIN, PARTICULARLY THE LACK OF COMPARABLE OPERATING EXPERIENCES, COMMUNITY COMMUNITY EFFORTS OF DAILY FREIGHT, TRAIN VIBRATION, PROXIMITY OF THE RAILROADS TO SURROUNDING COMMUNITIES, AND POSSIBLE CONSEQUENCES OF THERMAL RUNAWAY EVENTS. I BELIEVE THIS PROJECT PRESENTS TOO GREAT OF A RISK AT THIS LOCATION. OKAY, MEMBER STEWART STEWART. I WOULD JUST LIKE TO SECOND OR MIMIC WHAT MEMBER RYAN SAID. SHE TOOK A LOT OF THE WORDS OUT OF MY MOUTH THAT CONCERNED ME ABOUT THIS PROJECT, ABOUT THE LOCATION. AGAIN, IT'S WHAT YOU MENTIONED. I'M NOT AGAINST CLEAN ENERGY, GREEN ENERGY. I JUST BELIEVE THAT IT'S IN THE WRONG AREA. IT SHOULD BE SOMEWHERE WHERE IT DOESN'T. PROXIMITY IS THAT IT'S NOT IN THE PROXIMITY OF CHURCHES, PLACES OF. WORSHIP, BUT SCHOOL, PLAYGROUND, PARKS.
AND AS CLOSE AS IT IS TO THE RAILROAD TRACK, THAT'S VERY CONCERNING TO ME. LIKE SHE HAD MENTIONED, WITH THE VIBRATION. IF THERE WAS EVER A THERMAL RUNAWAY EVENT, THERE WAS JUST AN EVENT THAT JUST HAPPENED. A SECOND EVENT AT MOSS LANDING JUST LAST MONTH, WHERE A SECOND FIRE BROKE OUT. I DON'T WANT THIS IN MY COMMUNITY IN HAMBURG. I DON'T EVEN WANT A RISK, EVEN A 1% CHANCE OF THIS EVER HAPPENING. AND LEAVING THE RESIDENTS OF LAKEVIEW OR IN THAT COMMUNITY WITHOUT A PLACE TO GO HOME TO, IF THIS EVER WERE TO HAPPEN. SO THAT'S WHERE I STAND. OKAY, I'D LIKE TO PUT MY COMMENTS ON THE RECORD. TECHNOLOGY AND CHANGE ARE EVER PRESENT IN TODAY'S WORLD. THIS CASE ON RAILROAD AVENUE PRESENTS BOTH FACTORS CHANGE TO THE AREA THAT REQUIRES A SPECIAL USE TECHNOLOGY THAT MOST ARE NOT WELL VERSED WITH.
AS THE PLANNING BOARD, WE ARE CHARGED TO TAKE A HARD LOOK AT THE PROJECT, GATHER ACCURATE INFORMATION IN ORDER TO MAKE AN INFORMED DECISION THAT BEST FITS WITHIN OUR COMPREHENSIVE PLAN AND PROTECTS THE COMMUNITY. THIS PIECE OF PROPERTY IS ZONED NEIGHBORHOOD COMMERCIAL. THIS ZONE IS SPECIFICALLY DESIGNED FOR SMALL SCALE, LOW IMPACT COMMERCIAL USES SUCH AS CAFES, BAKERIES, SMALL RETAIL SHOPS THAT DIRECTLY SERVE THE IMMEDIATE RESIDENTIAL NEIGHBORHOOD. NEIGHBORHOOD COMMERCIAL ZONES ARE MEANT TO FOSTER WALKABLE, PEDESTRIAN FRIENDLY ENVIRONMENT. A BEST PLANT IS A HIGHLY UTILITY INFRASTRUCTURE PROJECT THAT CONSISTS OF STEEL, SHIPPING CONTAINERS, TRANSFORMERS AND EXPENSIVE GRAVEL YARDS, A PROJECT THAT HARDLY PROMOTES A PEDESTRIAN FRIENDLY ENVIRONMENT. LITHIUM ION BATTERY INSTALLATION CARRIES A RISK OF THERMAL RUNAWAY THAT CAN LEAD TO HIGH TEMPERATURE FIRES THAT NOTORIOUSLY ARE DIFFICULT TO EXTINGUISH, AND IT IS JUST LEARNED THAT THE FOAM USED CAN IN THESE FIRES BECAUSE YOU CAN'T USE WATER, NOW CAUSES GROUND CONTAMINATION. AND WE JUST BEEN NOTIFIED OF THAT TWO MONTHS AGO. IT SHOULD BE NOTED THAT SINCE 2021, THERE HAVE BEEN 17 FIRES THROUGHOUT THE UNITED STATES, THE MOST RECENT LAST MONTH IN CALIFORNIA, WHICH CAUSED AN EVACUATION OF A COMMUNITY. THERE WERE TWO FIRES IN WOMACK, NEW YORK, THAT WE DISCUSSED HERE AT THIS TABLE, 1 IN 2023 AND 1 IN 25. WHAT WE DIDN'T DISCUSS WAS THAT BOTH FIRES WERE CAUSED BY WIND AND RAIN SEEPING INTO THE CONTAINERS, CAUSING SHORTAGES THAT LED TO THE FIRE. AT THIS TIME, THESE BOXES ARE NOT YET BEEN REDESIGNED AND SEEM
[00:25:06]
INCOMPATIBLE, GIVEN THE WESTERN NEW YORK WINTERS AND HIGH WINDS THAT WE HAVE EXPERIENCED. THERE ARE OTHER EXPOSURES SUCH AS TOXIC, TOXIC, OFF GASSING AND IN THE ENVIRONMENT. IN THE EVENT OF A FIRE, A HAZMAT SITUATION CAN OCCUR. BEST PROJECTS ARE CURRENTLY ALLOWED IN HAMBURG UNDER M2 AND M3. IN OUR INDUSTRIAL DISTRICT. A VIBRATION STUDY SHOULD BE DONE SINCE, ACCORDING TO THE FEDERAL RAILROAD ASSOCIATION, THERE ARE AT LEAST 37 TRAINS TRAVELING THROUGHOUT THE SITE AT A SPEED OF 67 TO 70MPH AT LASTING AT LEAST 20 MINUTES LONG. THE APPLICANT COMPARED THIS TO A 2.6 SEISMIC EVENT, BUT THIS DOES NOT ADDRESS THE 20 MINUTE VIBRATION EFFECT OF THE WIRING OF THE BOXES. THE NORFOLK RAILROAD MENTIONS THIS IN THEIR WEBSITE AND IS A CONCERN. SORRY. AND FINALLY, THE PROJECT DOES NOT MEET. OUR COMPREHENSIVE PLAN, DISTURBS OUR COMMUNITY CHARACTER AND CAN NEGATIVELY IMPACT THE ENVIRONMENT. AND IN REGARDS TO THE THING ABOUT THE EAGLES, I JUST WANT TO SAY THIS. WE HAVE A LOT OF EAGLES IN THIS AREA. I'VE BEEN HERE FIVE YEARS AND I DON'T KNOW HOW MANY EAGLES HAVE BEEN CAUGHT RECENTLY. JUST WITHIN THE LAKEVIEW AREA AND HABITAT. DO I KNOW IF THEY HAVE IF THEIR HABITAT AT THIS PARTICULAR SPOT? NO I DON'T. AM I AN EXPERT? I'M FAR FROM IT. I'M AN INSURANCE AGENT AND A PLANNING BOARD CHAIR. BUT I DO KNOW THIS. I KNOW MY AREA. I KNOW MY NEIGHBORHOOD. I KNOW WHAT IS OUT THERE. AND WHEN SOMEONE FROM A SITE TELLS US THAT THERE'S A POTENTIAL THAT THOSE EAGLES COULD BE OUT THERE, I HAVE TO TAKE THEIR WORD THAT THERE'S A POTENTIAL. SO THAT'S WHY I THINK I SUPPORT. THAT'S ONE OF THE REASONS WHY I SUPPORT THIS. SPEAKER FORM. AND THOSE ARE MY COMMENTS. SO WHERE WOULD YOU LIKE TO GO FROM HERE? SO WITH THE COMPLETION OF PART TWO, WHICH YOU ALSO HAVE IS TYPICALLY WHAT WE DO AFTER WE DO PART TWO IS WE LOOK AT PART THREE, PART THREE, THE ACTUAL FORM ITSELF. USUALLY WE PUT IN CONTEXT OF WHAT I CALL A PART THREE BACKUP OR PART THREE ANALYSIS DOCUMENT. SO EVERYONE SHOULD HAVE A COPY OF THAT IN FRONT OF THEM. WHAT THAT DOCUMENT DOES IS IT TAKES EVERY IMPACT THAT THE BOARD AGREED WAS CHECKED. YES. AND THE PART TWO AND EXPANDS UPON IT. AND THEN THERE'S A CONCLUSION THAT THE EACH IMPACT THAT SAYS WHETHER OR NOT THIS BOARD ANTICIPATES OR DOES NOT ANTICIPATE THAT THERE WILL BE A POTENTIALLY SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACT RELATED TO THAT SPECIFIC TOPIC. SO OBVIOUSLY, IN THE PART THREE ANALYSIS, WE TOOK THE FOUR IMPACTS THAT THIS BOARD AGREED ON THAT WERE WORTHY OF CHECKING.YES, AND THEN EXPANDED UPON IT. WHAT I WAS PREPARED TO DO WAS HAVE THE BOARD, LIKE WE TYPICALLY DO, MAKE SURE THAT THIS IS, IN YOUR WORDS, THAT AT LEAST A MAJORITY OF THE BOARD AGREES WITH THE CONCLUSIONS THAT ARE WITHIN THIS DOCUMENT. AND THEN IF YOU AGREE WITH HOW THAT IS WRITTEN, THEN THERE'S A RESOLUTION FOR WHICHEVER KIND OF SECRET DECISION THIS BOARD WANTS TO PROCEED WITH. SO I'LL START WITH ON PART THREE ANALYSIS. NUMBER SEVEN WAS IMPACT ON PLANTS AND ANIMALS. THE DESCRIPTION THAT WAS ON THERE IS THAT THE PROPOSED PROJECT INVOLVES THE CONSTRUCTION OF TWO BATTERY ENERGY STORAGE SYSTEMS ON A 2.6 ACRE PARCEL THAT'S GOING TO HAVE 3.32 ACRES OF DISTURBANCE. THIS WILL REQUIRE SITE DISTURBANCE AND REMOVAL OF EXISTING VEGETATION. THIS MAY INTERFERE WITH NESTING AND FORAGING HABITAT FOR THE SPECIES THAT EXISTS WITHIN THE PROJECT SITE. AND THERE'S A CONCLUSION STATEMENT THAT ASKS, DOES THIS BOARD BELIEVE THAT BASED OFF OF THAT INPUT, BASED OFF OF THE INFORMATION THAT THE APPLICANT HAS PRESENTED, THE PUBLIC HEARING, ALL THE DOCUMENTS THAT HAVE BEEN PRESENTED ON THE RECORD, DOES THIS BOARD FEEL THAT THERE THAT THEY ANTICIPATE THAT THIS PROJECT WILL HAVE A POTENTIALLY SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACT, SPECIFICALLY RELATED TO IMPACT ON PLANTS AND ANIMALS? DO I TAKE A VOTE ON EACH MEMBER OR YOU CAN DISCUSS IT. YOU CAN ASK EACH INDIVIDUAL BOARD MEMBER WHAT THEY THINK, PROVIDE COMMENTS, AND THEN AS LONG AS THE MAJORITY OF THE BOARD FEELS ONE WAY OR THE OTHER, THEN THAT'S ALREADY HEARD FROM MEMBER CLARKE ON THIS ONE. IS THERE ANYONE ELSE THAT DOES DOES NOT ANTICIPATE IT? AND I THINK THAT WE KNOW THAT THE REST OF THE BOARD SAID THEY ANTICIPATED BECAUSE THEY WERE ALL IN AGREEMENT TO PART TWO.
OKAY. IS THAT. YEAH. SO THEN OKAY. YEAH. SO THEN WE WILL REMOVE AND LIKE I SAID, KEEP IT OPEN ENDED SO THAT THE BOARD IS IN THE BOARD'S OPINION. SO I'M HEARING ANTICIPATED AND WE'LL GET RID OF THE HIGHLIGHT. OKAY. OKAY. I SEE WHERE YOU'RE GOING. JOSH. YEP. NUMBER 16 IMPACT ON HUMAN HEALTH. SO THE DESCRIPTION OF THE PROPOSED PROJECT INVOLVES THE CONSTRUCTION AND OPERATION OF BATTERY ENERGY STORAGE SYSTEMS LOCATED NEAR THE SURROUNDING NEIGHBORHOOD AND LAKEVIEW DUE TO FIRES THROUGHOUT JEFFERSON, ORANGE AND SUFFOLK COUNTIES. IN 2023, THE STATE PUT TOGETHER AN INTERAGENCY FIRE SAFETY WORKING GROUP TO DEVELOP IMPROVE SAFETY
[00:30:01]
STANDARDS. COMMENTS FROM THE SEPTEMBER 2ND PUBLIC HEARING FROM NEIGHBORING RESIDENTS HIGHLIGHTED A SIGNIFICANT CONCERN FOR THE PUBLIC HEALTH OF THE AREA AND THE EVENT OF A SYSTEM FAILURE AND OR SUBSEQUENT FIRE. THE APPLICANT STATED DURING THE PUBLIC HEARING THAT THE PROJECT WILL FOLLOW THE NEW YORK STATE FIRE CODE AND MENTIONED THAT IT IS THE STRICTEST CODE IN THE COUNTRY. THE PLANNING BOARD. THE PLANNING BOARD CONSIDERED THE POTENTIAL IMPACTS OF A FIRE OR OTHER SYSTEM FAILURE, THE PROXIMITY OF SURROUNDING RESIDENTIAL PROPERTIES AND COMMUNITY FACILITIES, POTENTIAL EVACUATION MEASURES, AND THE CONCERNS RAISED BY THE PUBLIC. TESLA MEGAPACK TECHNOLOGY IS CONSTANTLY EVOLVING, AND THERE ARE NO CURRENT PROJECTS UP AND RUNNING IN NEW YORK STATE WITH THIS TYPE OF BATTERY AT THIS TIME. AND THEN THE CONCLUSION IS, DOES THIS BOARD BELIEVE THAT THE PROJECT IS ANTICIPATED OR NOT ANTICIPATED TO HAVE A SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACT, SPECIFICALLY ON HUMAN HEALTH? AND THEN IN THE DESCRIPTION, ALSO FEEL FREE TO REMOVE THINGS YOU DISAGREE WITH, ADD, YOU KNOW, COMMENTS THAT YOU AGREE WITH, SO ON AND SO FORTH. WELL, I DON'T KNOW WHERE THE RECENT BECAUSE I DON'T HAVE THE STUDY WITH ME TONIGHT BECAUSE I'VE, I JUST DON'T I APOLOGIZE, BUT THE RECENT STUDY THAT THE, THE FOAM THAT WAS USED AND THE FIRES NOW THEY'RE FINDING CONTAMINATION. IT'S THE FIRE HAPPENED TWO YEARS AGO. AND NOW THEY'RE FINDING THAT THAT FOAM IS CONTAMINATING THE WATER SUPPLY AND THE GROUND. SO DO WE HAVE TO HAVE DOCUMENTATION IN ORDER TO PUT THAT IN HERE, OR DO WE CAN WE ADD THAT LATER OR BECAUSE THIS HAS BEEN SINCE THIS ALL STARTED, WE THIS MAY BE LIKE TWO WEEKS AGO THAT I PICKED THIS UP. I WOULD SAY IF IT OH, NOT AGAIN, YOU NEED BATTERIES. CAN CAN I JUST SPEAK UP? CAN I JUST SPEAK UP TO ADDRESS SOME OF THOSE. NO, NO WE'RE NOT. I JUST WANT TO BE CLEAR. WE'RE NOT USING. SO WE'RE HAVING THIS CONJECTURE DISCUSSION ABOUT WHETHER OR NOT WE DON'T USE FOAM. HANG ON, HANG ON. WE HAVE TO HOLD OFF NOW BECAUSE EVERYTHING IS OFF.OH. YOU CAN JUST TAKE THIS OFF YOUR BACK, RIGHT? YES, YES. I JUST WANT TO. THAT MAKES IT SAFE FOR YOU. YEAH. IT'S CONSTANTLY HAVING A PIECE OF IT. OH, I MOVED IT ALL OUT ON THIS SIDE. IT'S NOT HARD ENOUGH TIME GETTING WASHED. SO WHERE DID THIS HAPPEN? I'M JUST HAPPY THEY'RE HERE IN THE SUMMER. I CAN WEAR SHORTS. DID I MISS THIS? OCCASIONALLY SOMEONE WILL.
OR SOMETHING THAT YOU CAN SEE WHEN YOU'RE HERE? NO. NOT ANYMORE. I DON'T KNOW. WELL, I CAN'T TALK BECAUSE IT'S NOT BEING RECORDED, RIGHT? I DON'T KNOW, IS IT? WHAT DID YOU SAY? I KNOW. YOU TURN IT OFF, JOSH. WE CAN TURN IT BACK ON. I KNOW I CAN'T GET ON THE INTERNET HERE TO SAVE MY LIFE. YOU SHOULD TELL US CLEARLY WHAT IT IS. YEAH. SO. THE OTHER TV IS ON, BUT IT DOESN'T HAVE. IT'S JUST THAT THE SCREEN ON. ALL THE TIME. YOU ALREADY HAVE IT ON. IT'S NOT RUNNING, BUT TWICE HERE. IT'S NOT LETTING ME BECAUSE IT'S NOT SECURE. WELL, AGAIN, BUT AGAIN. SO THERE'S A POWER. NOT YET. IT'S SUPPOSED TO HAPPEN LATER, BUT NOTHING NOW. NOW IT'S HERE. RADAR IS CLEAR. ALL THE LIGHTS. YES. THAT'S THE POWER DRIVE.
[00:35:20]
VENTILATION SYSTEM. I DON'T KNOW IT. YEAH. AND THAT'S WHEN, LIKE, ALL THE OFFICES ARE ACTIVE. PRINTERS ARE ACTIVE. SO. IT'S EVEN MORE WEIRD YET. AND I'M NOT HERE, BUT I CAN'T TELL YOU ONE TIME THAT IT'S HAPPENING RIGHT? TWICE. IT SHOULD BE BETTER AT NIGHT. SO YOU'RE SAYING IT SHOULD BE BETTER THAN NIGHT? THIS IS THE ONLY REASONABLE EXPLANATION IS.THAT. WE MOVED OFFICES. I'M TRYING TO. COULDN'T BREATHE WITH YOU. WHAT ARE THEY DOING? I KNOW, JUST CAME UP WITH A STORY. DIRECTOR, ACTUALLY. JUST THERE TO GET INFORMATION BECAUSE THEY'RE TRYING TO PULL OFF A HEIST. SO THEY'RE STEALING OUR RECORDS. BUT DO WE KNOW IF THAT'S WAY MORE FUN THAN THE WORKING? WORKING ON THE DOORS? BUT I WORK FOR THE GOVERNMENT SO I CAN TAKE FOREVER. ANYWAY, I DIDN'T THINK THAT WAS. THE MICS ARE WORKING BETTER FOR WHAT YOU'RE. THEY ARE. THEY'RE SO. YEAH. OKAY. WELL THAT'S IT. YEAH. WELL, THE HABITAT ASSESSMENT ITSELF. WHAT DO YOU MEAN THE INTERNET CAME. OH, I'M JUST SAYING WE HAVE A RESPONSE IN THE. THAT COMMENTS RELATIVE. RIGHT. YEAH. YEAH. LIKE THERE'S FUN ONES. AND THEN THERE'S PEOPLE LIKE YEAH, YEAH. BECAUSE IT'S EQUIVALENT. YEAH, YEAH. MY CONSPIRACY I REMEMBER JUST YEAH, SO DO I. RIGHT. THEY WEREN'T EVEN. YEAH. WHERE DID YOU GET WAS IT WE HAD VIBRATION STUFF, BUT SOME OF THE STUFF. YEAH. BUT JUST NOT RIGHT. I JUST KNEW MORE THAN ONE PERSON WAS LIKE, OH, WELL, YOU KNOW, LET'S SAY. ALL RIGHT. SO, YOU KNOW, TALKING ABOUT THAT. YEAH, IT'S NOTHING COMPARED TO WHAT PEOPLE. YEAH. YEAH. LET'S GET INTO LIKE, HERE WE GO.
OUTLANDISH ONES. THERE'S SOME SCARY ONES. BUTTERFLY. RIGHT NOW IT'S ALL LEMON. SO THERE'S ALSO A NECESSITY TO TRAVERSE. I DON'T LIKE, I DON'T EVEN SEE. I NEVER REALLY GOT INTO INTERNET DIMENSIONAL. YEAH. AND. WHAT'D YOU SAY I. YEAH, I DON'T WANT TO START AT THE BEGINNING. I CAN GO THROUGH THEM ALL IN ORDER THAT THEY SHOULD BE IN. YEAH. SO WE JUST ANYWAY. YEAH.
SO SO THE SPIDER MAN CAME. AND THEY PUT UP A THING OF LIKE STUFF YOU HAVE TO WATCH FOR SPIDER MAN. AND I GOT THE LIST. THERE WAS A, IT WAS LIKE A TWO MONTH SCHEDULE SOMETHING.
THAT'S OUR SITE SPECIFIC. I'M SORRY ABOUT THAT. TEST. TEST? SORRY ABOUT THAT LITTLE TECHNICAL GLITCH. AGAIN, IT HASN'T HAPPENED IN FOUR YEARS AND IT HAPPENED EVERY TIME.
THIS IS CRAZY. OKAY. WHAT I WAS GOING TO SAY, GENTLEMEN, AT THE PODIUM, IS THAT THIS IS THE OPPORTUNITY FOR US TO VOICE OUR WORDS AFTER WE GET DONE. IF THERE'S SOMETHING THAT YOU WANT TO ADD, BUT I'M GOING TO ASK THAT THE TWO GENTLEMEN THAT ARE WITH YOU, YOU HAVE NEVER INTERRUPTED ME WHEN I'M RUNNING THIS MEETING. AND YOU AND I HAVE WORKED TOGETHER FOR A LOT.
THESE TWO HAVE. AND I'M NOT GOING TO I'M NOT GOING TO TOLERATE IT. I DEMAND RESPECT OF THIS BOARD. THIS IS OUR OPPORTUNITY TO STATE OUR INFORMATION. AND WE'RE NOT MESSING AROUND HERE. AND I DON'T WANT ANYBODY CUTTING US OFF, CUTTING ANYBODY OFF OR BEING DISRESPECTFUL OR ANYTHING. SO I'M GOING TO DEMAND ORDER RIGHT NOW. WE WERE IN THE
[00:40:05]
MIDDLE OF SOMETHING OF OF THIS LIST. AND WHEN WE GET DONE, THEN WE WILL GIVE THE APPLICANT AN OPPORTUNITY TO SPEAK HIS PIECE. I THINK, TO TO ANSWER YOUR QUESTION THAT YOU HAD PREVIOUSLY ASKED, I WOULD SAY IF IT HASN'T BEEN SUBMITTED ON THE RECORD FROM THE APPLICANT OR IF IT HASN'T BEEN ADDRESSED UP TO THIS POINT, THEN I DON'T THINK IT'S WORTHY OF PUTTING IN THE PART THREE ANALYSIS. THE BOARD HASN'T HAD THE TIME TO REVIEW IT. MAKE AN OPINION ON IT. I'D SAY LEAVE IT OUT. OKAY. ALL RIGHT. DOES THIS BOARD AGREE? IS THERE ANYTHING TO ADD OR TAKE AWAY FROM THE DESCRIPTION OF IMPACT ON HUMAN HEALTH? AND DOES THE BOARD, AT LEAST A MAJORITY OF THE BOARD, BELIEVE THAT THERE'S A SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACT ON HUMAN HEALTH? I BELIEVE, BASED ON WHAT WE HAD BEFORE, IS THAT THE BOARD IS IN THE MAJORITY OF THE BOARD IS ANTICIPATING TO HAVE A SIGNIFICANT ADVERSE ENVIRONMENT IMPACT ON HUMAN HEALTH. AND I JUST WANT TO CLARIFY WITH THE BOARD MEMBERS, YOU DON'T WANT TO ADD ANYTHING. AND WE THE POWER WENT OFF AND WE JUST KIND OF KIND OF GOT OUR TRAIN OF THOUGHT, GOT INTERRUPTED. BUT DOES ANYBODY FEEL THAT THEY WANT TO ADD ANYTHING TO THAT? NUMBER 16. NO CHAIR. OKAY. NUMBER 17, CONSISTENCY WITH COMMUNITY PLANS. SO THE DESCRIPTION SAYS THAT THE PROPOSED ACTION IS INCONSISTENT WITH LOCAL LAND USE PLANS AND OR ZONING REGULATIONS. IN 2024, THE HAMBURG TOWN BOARD REZONED A NUMBER OF PARCELS THAT HAD BEEN ZONED M2 TO DIFFERENT ZONING DISTRICTS IN CONFORMANCE, WITH RECOMMENDATIONS FROM THE COMP PLAN. THE COMP PLAN SPECIFICALLY HIGHLIGHTED REZONING MIS ZONED INDUSTRIAL LANDS ALONG THE RAILROAD TRACKS AND HELPING TO TRANSITION SOME OF THE OLDER INDUSTRIAL PROPERTIES. THAT'S FROM THE LAKEVIEW. EXCERPT OF THE COMP PLAN. 6433 RAILROAD AVENUE WAS REZONED FROM LIGHT INDUSTRIAL, WHICH WAS M2 TO NEIGHBORHOOD COMMERCIAL BATTERY ENERGY STORAGE SYSTEMS ARE NOT PERMITTED IN THE NC DISTRICT. WHILE THE APPLICANT HAS ARGUED THE SITE IS NOT APPROPRIATE FOR NC DISTRICT USES LIKE SINGLE FAMILY HOMES, OFFICES OR LODGING, THERE ARE NOT 1514 AS OF RIGHT USES OF VARYING TYPES, AS WELL AS MIXED USE BUILDINGS WITH ALLOWED COMMERCIAL USES BY SPECIAL USE PERMIT, WHICH GIVE PROPERTY OWNERS FLEXIBILITY. IT SHOULD ALSO BE NOTED THAT THERE HAD BEEN CONSIDERATION TO REZONE THE PROPERTY TO RA, BUT INSTEAD IT WAS REZONED TO NEIGHBORHOOD COMMERCIAL TO MATCH SOME OF THE ZONING ACROSS THE RAILROAD TRACKS FRONTING ON THE LAKEVIEW AND CENTER STREET. GIVEN THAT THE BEST OR BETTER ENERGY STORAGE SYSTEM IS NOT PERMITTED IN THE CURRENT ZONING DISTRICT, THE ACTION REQUIRES A USE VARIANCE FOR THE CONSTRUCTION OF THE SYSTEMS. PUBLIC COMMENTS FROM THE PUBLIC HEARING RAISED CONCERNS WITH THE PROJECT LOCATION AND HOW IT FITS WITH THE CONTEXT OF SURROUNDING HOMES AND BUSINESSES. THE PROJECT AND INDUSTRIAL USE ALSO CONTRADICTS RECOMMENDATIONS SPECIFICALLY STATED IN THE TOWN'S COMPREHENSIVE PLAN THAT SET GUIDELINES FOR THE FUTURE OF THE LAKEVIEW HAMLET. THE PROJECT IS ANTICIPATED TO HAVE SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACT BASED ON THE MAJORITY OF THIS BOARD. AND JUST FOR THE RECORD, I'M GOING TO CORRECT, THERE'S A TYPO. IT SAYS 15, AND THEN IN PARENTHESES IT'S 14. SO I'M GONNA JUST CORRECT THAT. THANK YOU. AND THEN YOU SAID THERE'S A MAJORITY BOARD ANTICIPATED. ANTICIPATED. OKAY. AND THEN LAST NUMBER 18 IMPACT CONSISTENCY WITH COMMUNITY CHARACTER. THE PROPOSED PROJECT INVOLVES THE CONSTRUCTION AND OPERATION OF BATTERY ENERGY STORAGE SYSTEMS IN CLOSE PROXIMITY TO AN ESTABLISHED RESIDENTIAL NEIGHBORHOOD. PUBLIC COMMENTS RAISED CONCERNS REGARDING THE PROXIMITY OF THE PROJECT TO THE SURROUNDING NEIGHBORHOOD. COMMENTS HIGHLIGHTED THE INTENDED USE OF THE PROJECT, VISIBILITY, AND POTENTIAL EFFECTS ASSOCIATED WITH THAT OPERATION. THE PLANNING BOARD HIGHLIGHTED IN PART TWO OF THE FULL ENVIRONMENTAL ASSESSMENT FORM FAF, CONCERNS THAT THE PROPOSED ACTION MAY CREATE A DEMAND FOR ADDITIONAL COMMUNITY SERVICES, SPECIFICALLY FIRE IN THE EVENT OF SYSTEM FAILURE AND A SUBSEQUENT FIRE. THE PLANNING BOARD CONSIDERED THESE CONCERNS TOGETHER WITH THE EXISTING CHARACTER AND LAND USE OF THE SURROUNDING AREA. EXISTING LAND USES IN THE AREA INCLUDE SINGLE FAMILY HOMES, A HEATING CONTRACTOR, A SCHOOL, A CHURCH, A PUB, RESTAURANT, A STORAGE AREA, MAKESHIFT JUNKYARD, A SALON, STORAGE FACILITY, RECREATIONAL FACILITIES INCLUDING BASEBALL, DIAMONDS AND A FIRE HALL. WHILE THERE ARE NOT MANY LIGHT INDUSTRIAL USES IN THE SURROUNDING AREA, IT SHOULD BE ACKNOWLEDGED THAT THERE ARE TWO ACTIVE RAIL LINES BORDERING THE PROJECT SITE. THE PROJECT IS ANTICIPATED TO HAVE SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACT BASED ON THE MAJORITY OF THIS BOARD. SO I JUST. SO THAT'S THE THAT'S THE FINAL PART. I JUST WANT TO REITERATE. SO WE WENT OVER PART THREE. SO ESSENTIALLY WHAT WE DID IS WE TOOK THE PART TWO THAT THIS BOARD JUST AGREED THAT THEY BELIEVE THAT ALL THE IMPACTS THAT WE CHECKED OFF PLANTS AND ANIMALS, HUMAN HEALTH, CONSISTENCY WITH LAND USE PLANS AND CONSISTENCY WITH COMMUNITY CHARACTER. WE THEN EVALUATED IN THE PART THREE, WHICH WAS SHARED WITH THE BOARD[00:45:01]
PRIOR. EVERYONE HAD AN OPPORTUNITY TO SEND COMMENTS BEFOREHAND. IT WAS SENT WEEKS IN ADVANCE THAT WHAT WAS WRITTEN IS, IN THE OPINION OF THE BOARD, AT LEAST A MAJORITY OF THE BOARD, AND THAT AS OF RIGHT NOW, YOU BELIEVE THOSE FOUR SPECIFIC IMPACTS HAVE THE ABILITY TO HAVE POTENTIALLY A SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACT. I JUST WANT TO MAKE SURE EVERYONE IS UNDERSTANDING OF THAT, AGREES WITH THAT, AND THAT WE CAN MOVE ON. YES, EVERYBODY IN YOUR INTO YOUR MIC. SO WE KNOW PLEASE. YES YES YES YES. OKAY. OKAY.WITH THAT BASED OFF OF THE PLANNING BOARD HIGHLIGHTING FOUR POTENTIAL IMPACTS, WHAT I PREPARED WAS A POSITIVE DECLARATION RESOLUTION, WHICH EVERYONE SHOULD ALSO HAVE A COPY OF. THAT SPEAKS TO HIGHLIGHTING THAT THE BOARD THINKS THAT THERE WAS AT LEAST ONE SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACT. I'LL BRING UP THE RESOLUTION, BUT I DON'T KNOW IF YOU WANT TO GIVE THE APPLICANT A CHANCE TO SPEAK NOW OR IF YOU WANT TO WAIT, I'M GOING TO ASK. MR. ATTORNEY HOPKINS, WHAT IF THERE'S SOMETHING THAT YOU FEEL THAT IS SIGNIFICANT TO BE ADDRESSED OF THIS BOARD BEFORE WE MOVE FORWARD? THERE'S JUST A COUPLE BRIEF THINGS. AND DAN, I'M ACTUALLY GOING TO LET YOU CHIME IN FIRST JUST BECAUSE. OKAY, FIRE SAFETY EXPERT AND I APOLOGIZE. I APOLOGIZE IF I SPOKE OUT OF TURN. I WASN'T FAMILIAR WITH THE PROTOCOL. YEAH. SO DANIEL MURRAY, ENERGY SAFETY RESPONSE GROUP, JUST I WAS UP HERE BEFORE WE LOST POWER TO MY BACKGROUND IS 33 YEARS FDNY, FDNY, CHIEF OF HAZMAT OPERATIONS. AND I'VE BEEN WITH ESG NOW FOR CLOSE TO TWO YEARS AS THE CHIEF OF HAZMAT OPERATIONS. ANYTHING TO DO WITH ENERGY STORAGE IN NEW YORK CITY WENT THROUGH MY COMMAND. SO WE HELPED DEVELOP FIREFIGHTING PROCEDURES. WE HELPED DEVELOP THE FIRE CODES.
WE ACTUALLY HAD SOME CITY COUNCIL MEETINGS WHERE WE CHANGED A LAW OR TWO JUST TO MAKE THINGS SAFER FOR THE RESIDENTS OF NEW YORK CITY. SO IF I MAY JUST ADDRESS SOME OF THE THINGS THAT WERE BROUGHT UP JUST NOW, THE VIBRATION I. AND SINCE I'VE BEEN DOING THIS VIBRATION HASN'T BEEN AN ISSUE I'VE HEARD BROUGHT UP. BUT I WOULD LIKE TO JUST SAY THAT A BATTERY ENERGY STORAGE SYSTEM SUCH AS THE TESLA MEGA PACK TWO THAT WE'RE SPEAKING OF IS SIMILAR IN ALMOST EVERY WAY TO EVERY OTHER TYPE OF ENERGY STORAGE, WHETHER IT'S A CELL PHONE BATTERY, AN E-BIKE BATTERY, A PASSENGER ELECTRIC PASSENGER CAR, AN ELECTRIC SCHOOL BUS, AN ELECTRIC TRACTOR TRAILER TRUCK. WE ACTUALLY HAVE LOCOMOTIVES THAT ARE RUN ON ENERGY STORAGE SYSTEMS. THEY HAVE HUGE BATTERIES ON THE LOCOMOTIVE, AND WE HAVE FERRIES THAT ARE RUN BY LITHIUM ION BATTERIES. NOW, IN ADDITION TO POWER TOOLS AND EVERYTHING ELSE.
SO THE VIBRATIONS ON THOSE UNITS, I'VE NEVER HEARD THAT BEING AN ISSUE. IT MAY HAVE BEEN, BUT CERTAINLY BEING NEXT TO A RAILROAD WOULDN'T BE THE SAME TYPE AND VOLUME AND SEVERITY OF VIBRATION. THESE UNITS, WHEN THEY'RE BROUGHT TO THE LOCATION FOR INSTALLATION, THEY'RE TRANSPORTED ON SHIP, RAIL AND HIGHWAYS AND TRUCKS. SO I WOULD, I WOULD IMAGINE THAT THAT'S BUILT INTO THE ENGINEERING THAT THEY CAN SUSTAIN VIBRATION AS FAR AS DERAILMENTS. I MEAN, THERE'S OCCUPIED STRUCTURES CLOSER TO RAIL LINES THAN THIS FULL OF PEOPLE. SO AS FAR AS THAT CONCERN, YEAH, TRAIN DERAILING ON TOP OF THIS BATTERY WOULD BE A PROBLEM, BUT NOT AS BIG OF A PROBLEM AS IT LANDING ON A STORE OR A SCHOOL OR SOMETHING, OR A HOUSE. AND I'M SAYING THIS RESPECTFULLY, I'M NOT TRYING TO BE OUT OF LINE HERE. CAN THEY GO ON FIRE? YES THEY CAN. THEY AND THEY DO. THIS IS ACTUALLY A GOOD LOCATION. IT'S PRETTY REMOTE FROM ANY OCCUPIED AREAS. IN NEW YORK CITY. WE HAVE THESE INSTALLED IN LOTS DIRECTLY ADJOINING COMMERCIAL BUILDINGS, SCHOOLS, CHURCHES AND PRIVATE DWELLINGS, AND OCCUPIED RESIDENTIAL APARTMENT BUILDINGS. WE ACTUALLY HAVE THEM INSIDE OF BUILDINGS NOW. AUDIENCE, PLEASE.
LET'S GET THROUGH THIS. WE STILL HAVE OTHER CASES TONIGHT. SO THE THE BACK CHATTERING CAUSES A DISTRACTION FOR THE BOARD. SO LET US JUST GET THROUGH THIS. LET HIM SPEAK HIS PIECE SO WE CAN MOVE FORWARD. EVERYBODY'S ALLOWED TO BE HEARD. WE ALSO HAVE BATTERY SYSTEM BES SYSTEMS LARGER THAN THIS ON THE ROOFTOPS OF BUILDINGS SUCH AS IN JFK AIRPORT AT THE BERKELEY ARENA AND INSIDE OF THE JACOB JAVITS CONVENTION CENTER. AS FAR AS FOAM, WE DO NOT USE FOAM
[00:50:08]
TO EXTINGUISH BATTERY FIRES BECAUSE IT DOESN'T WORK. IT IS NOT AN EFFECTIVE FIREFIGHTING AGENT. BEFORE ANY OF US WERE EVEN BORN, THE FIRE SERVICE WAS USING FOAMS WITH PFAS IN IT.THE PFAS FOAMS ARE NOW ILLEGAL IN THE STATE OF NEW YORK, SO FIRE DEPARTMENTS ARE NO LONGER EVEN USING THOSE. AND I BELIEVE YOU'RE REFERRING TO THE CASE IN SUFFOLK COUNTY AFTER THE 2023 BEST FIRE, WHERE THEY'RE SAYING THAT THERE IS GROUND CONTAMINATION DUE TO THE FIRE THAT HAPPENED OUT THERE THAT'S IN COURT. SO TO BE DETERMINED ON THAT. BUT I DON'T KNOW IF THEY USED PFAS FOAM ON THAT FIRE OR NOT, BECAUSE IT WAS STILL I THINK IT WAS STILL ALLOWED TO BE USED IN 2023. IT NO LONGER IS. WE DON'T EVEN TRAIN THE FIRE DEPARTMENT TO PUT WATER ON THESE FIRES. WE LET IT CONSUME ITSELF AS IT'S DESIGNED TO DO. YOU MENTIONED THE EVACUATIONS IN CALIFORNIA AT THE MOSS LANDING FIRE. YOU CAN'T COMPARE WHAT WE'RE WHAT'S BEING BUILT HERE TO THAT SYSTEM THAT WAS BUILT OUT THERE. THAT WAS A THAT WAS ACTUALLY THE BIGGEST ENERGY STORAGE SYSTEM IN THE COUNTRY. IT WAS BUILT IN A REPURPOSED OLD BUILDING, NOT IN CONTAINERS, NOT WITH THE SAME PROTECTIONS THAT ARE BEING BUILT INTO THE SYSTEM. AND I DON'T THINK ANYONE WOULD EVER BUILD ANYTHING LIKE THAT AGAIN. THE WATER INGRESS ISSUE THAT WAS THE PALIN BATTERY SYSTEM, THOSE ARE THE THREE FIRES THAT OCCURRED IN WARWICK, NEW YORK.
THAT COMPANY'S OUT OF BUSINESS AND NO ONE'S BUILDING THOSE ANYMORE. WARWICK HAD THOSE BATTERIES DECOMMISSIONED. SO BECAUSE THEY WERE DEFECTIVE, THE MEGAPACK TWO HAS NOT HAD THAT ISSUE. THERE WAS ONE MEGAPACK. I DON'T THINK IT WAS THE MEGAPACK TWO. THERE WAS A MEGAPACK FIRE IN AUSTRALIA, AND THEY THINK THAT WATER IMPACT MAY HAVE BEEN A PROBLEM, BUT THAT WAS DURING THE INSTALLATION AND WAS DETERMINED TO BE HUMAN ERROR IN PUTTING IT IN OR SOMETHING LIKE THAT. WHAT FIRES THAT WE DO USE FOAM ON? YOU MENTIONED THERE'S A JUNKYARD NEARBY. I'VE BEEN TO TWO JUNKYARD FIRES IN THE BRONX, WHERE WE DUMPED THOUSANDS OF GALLONS OF FOAM BECAUSE IT DOES WORK ON JUNKYARDS. SO THAT THAT IN THAT CASE, TYPICALLY AFTER USING THAT MUCH FOAM, THE EPA OR THE DEP OR DECC WOULD COME IN AND DO SOIL SAMPLING. AND IF THEY NEEDED TO DO A SOIL REMEDIATION AFTERWARDS, THEY WOULD DO THAT. OKAY. THANK YOU.
AND THE ONLY THING I WOULD THE ONLY THING I WOULD ADD AGAIN, SEAN HOPKINS FOR THE RECORD, THERE WAS SOME NEW INFORMATION THAT WAS BROUGHT UP BY THE MEMBERS OF THE BOARD THIS EVENING SUGGESTING THAT MAYBE ADDITIONAL INFORMATION IS NEEDED IF THERE IS ADDITIONAL INFORMATION IS NEEDED BASED ON THE NEW STATEMENTS THAT HAVE BEEN MADE BY THE BOARD MEMBERS THIS EVENING, OBVIOUSLY, WE WOULD WELCOME THE OPPORTUNITY TO PROVIDE THAT. AGAIN, AS I'VE SAID IN EACH AND EVERY STEP OF THIS REVIEW PROCESS, AS WE'VE BEEN ASKED TO SUBMIT INFORMATION, WE'VE SUBMITTED INFORMATION LARGELY PREPARED BY EXPERTS. SO I STILL, FROM A LEGAL PERSPECTIVE, CLEAR TODAY. I DON'T THINK THERE IS AMPLE JUSTIFICATION TO ISSUE A POSITIVE DECLARATION. COULD YOU ASK FOR SOME ADDITIONAL INFORMATION IF NEEDED? THAT WOULD BE WITHIN YOUR DISCRETION. BUT THAT'S WHAT WE THINK SHOULD BE THE PREFERABLE COURSE OF ACTION, RATHER THAN ISSUING A POSITIVE DECLARATION, ESPECIALLY BASED ON NEW INFORMATION THAT'S BEEN BROUGHT UP BY BOARD MEMBERS. AND AGAIN, IT'S BECAUSE YOU'RE DOING ADDITIONAL HOMEWORK THAT WE SIMPLY HAVEN'T HAD THE CHANCE TO RESPOND TO. WHAT'S NEXT? FIRST, WE CAN ADDRESS MR. HOPKINS REQUEST. DOES THE BOARD WANT TO PROCEED FURTHER, OR DO YOU WANT TO TABLE THE PROJECT FOR ADDITIONAL INFORMATION? DO PEOPLE HAVE ADDITIONAL QUESTIONS, OR IS THE BOARD PREPARED TO MAKE A SECRET DECISION TONIGHT? I'M GOING TO I'M GOING TO ASK THE BOARD MEMBERS TO MAKE A COMMENT, AND THEN WHEN THEY GET DONE, I HAVE A COMMENT TO ALL OF IT. SO REMEMBER DJERASSI. YES. YOU HAVE PROVIDED ADEQUATE INFORMATION CONCERNING THIS PROJECT AND YOU COULD TELL THAT A LOT OF RESEARCH WAS PUT INTO IT TO DO THE PRESENTATION. BUT THEN AGAIN, YOU ARE IN A RESIDENTIAL AREA. THE HOMES ARE NOT FAR AWAY FROM THE RAILROAD TRACKS. I KNOW SEVERAL FAMILIES THAT LIVE IN THAT AREA, AND BASICALLY THE RAILROAD TRACKS CAUSED THEM A PROBLEM JUST WITH THE VIBRATION OF THE AND THE NOISE, AND TWICE, AT LEAST TWICE A DAY. THERE ARE TRAINS THAT GO IN EACH DIRECTION AT
[00:55:02]
THE SAME TIME. AND IF A DERAILMENT EVER OCCURRED WITH THAT HAPPENING, GOD FORBID WHAT COULD HAPPEN TO THAT AREA NOW? YES, YOU. THE LOCATION I THINK, COULD BE ELSEWHERE. AND MY PERSONAL OPINION WOULD BE THE BETHLEHEM STEEL PLANT IS VACANT. THERE ARE POWER LINES THERE.THERE IS NO RESIDENTIAL. VERY FEW HOMES ARE LEFT ON. ON ROUTE FIVE BY THE BETHLEHEM PLANT.
AND IT'S WIDE OPEN SPACE. I'M SURE THAT GROUND IS ALREADY BEEN CONTAMINATED WITH THE 100 YEARS OF STEEL PRODUCTION THAT OCCURRED THERE. AND AND THE RAIL LINES. I CAN'T REMEMBER EVER SEEING A TRAIN SINCE BETHLEHEM CLOSED GOING THROUGH THAT AREA THERE. YES, THERE ARE RAIL LINES THERE, BUT I'VE NEVER I HAVEN'T SEEN A TRAIN GO THROUGH THERE. AND AT LEAST 15 YEARS. AND THAT WOULD BE MY RECOMMENDATION IS TO USE THE BETHLEHEM SITE FOR THIS HERE PROJECT. YES, IT IS NECESSARY. THE GREEN ENERGY. BUT I THINK THERE COULD BE A MUCH BETTER LOCATION THAN THE COMMERCIAL RESIDENTIAL AREA THAT THE PEOPLE THAT LIVE IN THAT AREA ARE, WOULD HAVE TO BE EXPOSED TO. AND THAT'S MY OPINION. ANYONE ELSE? MEMBER. STEWART. I AGREE WITH AUGGIE. I GRAB YOUR MIC. I BELIEVE THAT THIS PROJECT SHOULD BE PLACED ELSEWHERE, SUCH AS THE BETHLEHEM STEEL PLANT, WHICH ARE CONSIDERED BROWNFIELDS THAT, GOD FORBID, IF SOMETHING EVER WERE TO HAPPEN TO THIS PROJECT, YOU'RE NOT GOING TO CONTAMINATE LAND. THAT'S, YOU KNOW, NOT CONTAMINATED. SO THAT'S WHERE I STAND ON THAT. ANYONE ELSE? NO, I ALREADY SPOKE MY THE ONLY THING I WANT TO ADD TO THIS IS WE HAVE ZONING THAT WOULD THAT THIS PARTICULAR PROJECT, AS IT'S BEEN BROUGHT UP BY THIS BOARD ON A COUPLE OF INSTANCES HERE THIS EVENING, BUT ALSO TO THE NEWNESS OF THIS PARTICULAR PLANT, TO THIS PARTICULAR COMPANY. I'M SORRY THERE'S SO MUCH GOING THROUGH MY HEAD RIGHT NOW. I, I NEED A MINUTE TO THAT'S WHY I WRITE EVERYTHING DOWN. I THINK IT'S IMPORTANT TO UNDERSTAND THAT WE HAVE A COMMUNITY THAT CAN'T SUPPORT THIS BASED ON. IT DOESN'T FIT IN THE ZONE. THAT'S THE ONE THING. IT'S A NEIGHBORHOOD COMMERCIAL AND IT DOESN'T FIT IN THAT. EVEN WITH A SPECIAL USE, YOU INDICATE EXAMPLES OF WHAT HAPPENS IN NEW YORK CITY. I LOOKED AT ALL THOSE PROJECTS. I LOOKED AT EVERYTHING THAT YOU'RE TALKING ABOUT AT THE JAVITS CENTER. BUT YOU KNOW WHAT THEY DON'T HAVE IN COMMON WITH THIS PROJECT. THEY DON'T HAVE RAILROADS. THEY DON'T HAVE A CHURCH NEXT TO IT. THEY DON'T HAVE IT'S NOT A RURAL COMMUNITY. THIS IS A THIS IS A COMMUNITY OF RESIDENTS AND SMALL BUSINESSES THAT WHERE THE JAVITS CENTER IS AND WHERE THAT PROJECT IS OUT IN CALIFORNIA. YOU'RE RIGHT, IT'S A BIGGER PLANT, BUT IT'S STILL CAUSED AN EVACUATION AND IT'S STILL A BATTERY PLANT. AND SO I UNDERSTAND THAT YOU, AS THE APPLICANT HAVE TO COME AND GIVE US INFORMATION. WE, AS THE PLANNING BOARD, STILL HAVE TO MEET OUR REQUIREMENTS OF PROTECTING THIS TOWN. THESE PEOPLE AT THIS TABLE TOOK AN OATH. AND THAT'S FOR THE TOWN OF HAMBURG. AND SOMETIMES I FEEL AND I'M NOT GOING TO SAY THIS DISRESPECTFULLY BECAUSE I'M IN THIS FROM MY HEART, IS THAT I THINK THAT THE PEOPLE IN THE AUDIENCE DON'T UNDERSTAND THAT PART. WE'RE NOT ELECTED. FIRST OF ALL, SOMEBODY AT THE PUBLIC HEARING SAID, WE'RE AN ELECTED OFFICIAL. WE ARE NOT. WE'RE APPOINTED. WE'RE HERE BY CHOICE. WE'RE HERE AND WE'VE COMMITTED OUR TIME AND OUR TALENTS AND OUR EXPERTISE. AND WE WERE NOT EXPERTS IN THIS AREA. SO IT TOOK MONTHS AND MONTHS AND HOURS AND HOURS AND HOURS OF READING. AND I'M GOING TO SAY THIS AND JOSH, PLEASE HELP ME BECAUSE YOU AND I DISCUSSED THIS. I HAD MEMBERS OF THE BOARD COMMENT TO ME ON HOW THIS BOARD WAS TREATED BY MEMBERS OF YOUR TEAM WITH THE TONE, HOW WE WERE ADDRESSED. YOU'RE SHAKING YOUR HEAD. I'M NOT TALKING ABOUT YOU. I'M TALKING ABOUT THE MEMBERS OF THE BOARD OF THE OF THE TEAM.
AND WE WERE NOT ENTERTAINED WITH THAT. THERE WAS A PARTICULAR EMAIL ON THE 19TH OF AUGUST THAT WAS WRITTEN LIKE WE WERE ALL IN 12TH GRADE THAT I JUST IT, IT FED IT RIGHT BACK.
AND, AND WE DIDN'T EVEN HAVE A CHANCE. AND THERE WAS TIME JUST LIKE TONIGHT, YOU GAVE US THIS PAPERWORK TO LOOK AT THE PAPERWORK. THE CUTOFF DATE WAS FRIDAY AT 3 P.M. WE DIDN'T HAVE
[01:00:01]
TIME TO READ ALL THIS. AND WE'VE GOT OTHER CASES, AND IT'S 8:00 AT NIGHT. SO THAT'S THE LACK OF RESPECT THAT I'M THAT I WAS TALKING ABOUT. WE HAVE PROCEDURES TO FOLLOW. WE'VE DONE OUR HOMEWORK AND I HEAR EVERYTHING THAT YOU'VE SAID, BUT I MY MY MIND HASN'T CHANGED.HAS ANY OF THE BOARD MEMBERS CHANGED THEIR MIND? NO. CHAIR. NO. YOU HAVE TO SPEAK INTO YOUR MICS AND I GOTTA HEAR YOU. SO IT'S ON THE RECORD. MEMBER. STEWART. NO MEMBER. RYAN. NO.
MEMBER. NO. MEMBER. ZAJAK. NO. MEMBER. CLARK NO. MY MIND HASN'T CHANGED. SO IT'S BEEN ABOUT AN HOUR SINCE IT WAS CLEAR THAT THIS IS GOING TO BE A FIVE ONE VOTE. SO WHY DON'T WE JUST READ THE RESOLUTION AND MOVE ON? THEY WON'T LET ME GET TO THAT. I, I THINK WHO WON'T LET YOU GET TO IT. JUST READ IT. THE APPLICANT. WELL THAT'S NOT TRUE. WE HAVE TO HAVE IT DULY.
DULY NOTED. JOSH, CAN I, I CAN'T READ THE RESOLUTION CAN I OR CAN I? YEAH, I, I'M SURE ANYBODY ELSE WOULD READ IT AS IT. I MEAN IT WOULD HAVE TO BE MOVED AND SECONDED SO IT DOESN'T REALLY MATTER. OKAY. SO IT'S GONNA SO WE'RE READY TO TO READ THE RESOLUTION MEMBER STEWART DO YOU WANT TO DO THE DO ME THE HONORS. SO YOU'RE GONNA HAVE TO MOVE. YOU'RE GONNA MAKE A MOTION. YES. MEMBER STEWART. I MAKE A MOTION MEMBER. STEWART. I MAKE A MOTION TO APPROVE. HAMBURG TWO EAST ESS AND HAMBURG TWO WEST ESS SECRET POSITIVE DECLARATION RESOLUTION DATED OCTOBER 7TH, 2026. WHEREAS, THE TOWN OF HAMBURG RECEIVED A USE, VARIANCE AND SITE PLAN APPLICATION FROM HAMBURG, TWO EAST ESS LLC AND HAMBURG TWO WEST ESS LLC TO CONSTRUCT TWO CO-LOCATED BATTERY ENERGY STORAGE SYSTEMS BEST WITHIN A COMBINED 0.32 ACRE PORTION OF A 2.7 ACRE PARCEL AT 6433 RAILROAD AVENUE IN THE TOWN OF HAMBURG. AND WHEREAS THE PROJECT REQUIRES SITE PLAN APPROVAL BY THE HAMBURG PLANNING BOARD AND A USE VARIANCE FROM THE HAMBURG ZONING BOARD OF APPEALS, AND THE PROJECT WAS DETERMINED TO BE A SECRET, UNLISTED ACTION. AND WHEREAS THE HAMBURG PLANNING BOARD IS AN APPROVAL AGENCY CONDUCTED A COORDINATED SECRET PROCESS TO ESTABLISH THE HAMBURG PLANNING BOARD AS SECRET LEAD AGENCY AND NO OBJECTIONS WERE RECEIVED TO THIS LEAD AGENCY REQUEST. AND WHEREAS THE HAMBURG PLANNING BOARD HELD THE REQUIRED SITE PLAN PUBLIC HEARING ON SEPTEMBER 2ND, 2026 AND RECEIVED COMMENTS FROM THE PUBLIC. AND WHEREAS, THE HAMBURG PLANNING BOARD ACTED AS SECRET LEAD AGENCY IN ACCORDANCE WITH THE NEW YORK STATE ENVIRONMENTAL QUALITY REVIEW ACT, SEEGER HAS DONE A THOROUGH REVIEW OF THE PROJECT AND ITS POTENTIAL IMPACTS, AND HAS COMPLETED PARTS TWO AND THREE OF THE F, E, A, F, AND WHEREAS THE HAMBURG PLANNING BOARD, IN ACCORDANCE WITH SEQRA, HAS DETERMINED THAT THE PROPOSED USE VARIANCE REQUESTS, SITE PLAN APPROVAL AND CONSTRUCTION OF THE BATTERY ENERGY STORAGE SYSTEMS MAY POTENTIALLY ADVERSELY IMPACT OR AFFECT THE NATURAL RESOURCES OF THE STATE AND OR THE HEALTH, SAFETY AND WELFARE OF THE PUBLIC AND MAY HAVE POTENTIALLY SIGNIFICANT IMPACTS RELATED TO PLANTS, ANIMALS, HUMAN HEALTH, CONSISTENCY WITH COMMUNITY PLANS, AND CONSISTENCY WITH COMMUNITY CHARACTER. THESE WILL BE FURTHER CLARIFIED DURING THE SCOPING PROCESS. AND WHEREAS THE HAMBURG PLANNING BOARD, IN ACCORDANCE WITH THE STATE ENVIRONMENTAL QUALITY REVIEW ACT, SECRET SEEKER HAS DETERMINED THE PROPOSED USE VARIANCE REQUEST, SITE PLAN APPROVAL AND CONSTRUCTION OF THE BATTERY ENERGY STORAGE SYSTEMS MAY INCLUDE THE POTENTIAL FOR AT LEAST ONE SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACT NOW. THEREFORE, BE IT RESOLVED, THE HAMBURG PLANNING BOARD, ACTING AS SECRET LEAD AGENCY, HEREBY DETERMINES THAT THE USE VARIANCE REQUEST, SITE PLAN, APPROVAL AND CONSTRUCTION OF THE BATTERY ENERGY STORAGE SYSTEMS MAY RESULT IN A SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACT, AND THAT A POSITIVE DECLARATION IS HEREBY ISSUED AND THAT THE PLANNING BOARD CHAIR IS AUTHORIZED TO SIGN THE PART THREE OF THE FEF INDICATING SUCH AND PARTS ONE, TWO AND THREE OF THE F, E, A, F AND ACCOMPANYING MATERIALS WITH DOCUMENT THE SECRET POSITIVE DECLARATION DECISION. BE IT FINALLY RESOLVED, THE HAMBURG PLANNING BOARD WILL BEGIN THE EIS PROCESS ONCE THE APPLICANT SUBMITS THE DRAFT SCOPING DOCUMENT. IT'S BEEN MOVED. IS THERE A SECOND? MEMBER RYAN SECONDS IT. ALL THOSE IN FAVOR? I. I. ANY OPPOSED? OPPOSED. SO THE POSITIVE DECK PASSES 5 TO 1. OKAY. OUR NEXT CASE CHAIR. REAL QUICK CAN I JUST EXPLAIN WHAT
[01:05:14]
THAT MEANS? I THINK SOME PEOPLE MAY NOT UNDERSTAND WHAT THAT WHAT THAT MEANS. SO THE, THE POSITIVE DECLARATION MEANS THAT THE PLANNING BOARD DID NOT APPROVE OR DENY THE PROJECT.WHAT THAT MEANS IS THE PLANNING BOARD IS ESSENTIALLY ASKING FOR MORE INFORMATION. SO THAT'S GOING TO START WHAT'S CALLED THE EIS PROCESS, ALSO KNOWN AS AN ENVIRONMENTAL IMPACT STATEMENT, MEANING THAT THE APPLICANT WILL HAVE TO PRODUCE SOMETHING CALLED A DRAFT SCOPING DOCUMENT, WHICH TAKES A LOOK AT ALL THE IMPACTS THAT THE PLANNING BOARD JUST HIGHLIGHTED. THEY'LL HAVE TO PUT TOGETHER HOW THEY'RE GOING TO ADDRESS MITIGATIONS, ALTERNATIVES TO EACH ONE OF THOSE IMPACTS. WHEN THEY SUBMIT THAT DOCUMENT, THAT'S WHEN THE PLANNING BOARD WILL START THE EIS PROCESS. THERE WILL BE MONEY PUT ON ESCROW FOR THE PLANNING BOARD AND OTHER CONSULTANTS TO REVIEW IT. SO ESSENTIALLY, THE PROJECT WAS PUT ON PAUSE. THIS WASN'T AN APPROVAL. THIS WASN'T AN OUTRIGHT DENIAL. IT'S AN ASK FOR MORE INFORMATION. NO PROBLEM. OKAY, SO I DON'T KNOW IF ALL OF YOU WANT TO STAY FOR THE NEXT CASE OR IF AT THIS POINT, IF YOU IF YOU'RE HERE FOR THE DURATION, BECAUSE I DON'T WANT TO START A NEXT CASE AND HAVE A MASS EXODUS OF THE ROOM. SO WHY DON'T WE LET EVERYBODY GO? FOR THOSE WHO WISH TO GO HOME AND WATCH THE 830 MOVIE? THANK YOU. I DON'T KNOW IF YOU CAN SAY THAT, BUT I'M AFRAID HEARING ON. YOU'RE WELCOME. LISTEN TO US AS WE INHALE AND. FOR YOUR EMAILS WITH LOTS OF STUFF TO HEAR ABOUT IT. THANK YOU FOR ALL YOUR COMMENTS. THANK YOU FOR YOUR INPUT. THANK YOU. OKAY, I HAVE TO GO WITH THIS. YEAH.
OKAY. SO LET'S MOVE ALONG. NOW. IF WE CAN ALL SETTLE IN AND WE HAVE OUR SECOND CASE OF THE
[2. Planning Board to discuss and potentially issue SEQRA Findings in connection with a proposed subdivision by Parker Road Developers, LLC to be located on the west side of Parker Road, south of Big Tree Road]
PLANNING BOARD TO DISCUSS A POTENTIAL ISSUE, POTENTIALLY ISSUE SEEKER FINDINGS IN CONNECTION WITH A PROPOSED SUBDIVISION OF PARKER ROAD DEVELOPERS, LLC TO BE LOCATED AT THE WEST SIDE OF PARKER ROAD AND SOUTH OF BIG TREE ROAD. OH, NOW HE'S GOT A SMILE ON HIS FACE, SO THAT'S BETTER. ATTORNEY HOPKINS. YEAH, SO I'M GOING TO BE VERY BRIEF. GOOD EVENING, SEAN HOPKINS. ON BEHALF OF THE APPLICANT, PARKER ROAD DEVELOPERS, LLC. ALSO WITH ME IS DAVE MENKO. AS THE BOARD WILL RECALL, YOU SPENT AN INORDINATE AMOUNT OF TIME REVIEWING THIS PROJECT. DURING A PREVIOUS MEETING. YOU DID AUTHORIZE JOSH TO PREPARE A DRAFT OF THE FINDINGS STATEMENT FOR THIS PROJECT. WHAT WE'RE ASKING YOU TO DO IS ISSUE THAT FINDING STATEMENT BASED ON THE CLUSTERED LAYOUT. WE'VE GONE INTO IT TIME AND TIME AGAIN.WHY CLUSTERING IS PREFERENTIAL TO THE AS OF RIGHT, INCLUDING THE CLEAR CONSENSUS FOR THE CLUSTERED SUBDIVISION THAT WAS ADVANCED BY INPUT RECEIVED BY NEARBY RESIDENTS. IT IS ALSO LESS. DENSITY PROVIDES PERMANENT OPEN SPACE, LESS TRAFFIC IMPACTS, LESS INFRASTRUCTURE. ET CETERA. ET CETERA. SO WE'RE SIMPLY ASKING THAT THIS EVENING YOU WOULD ISSUE A POSITIVE FINDING STATEMENT PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT, BASED ON THE CLUSTERED LAYOUT THAT HAS BEEN PRESENTED TO YOU ON NUMEROUS PREVIOUS OCCASIONS. AND IF YOU HAVE ANY QUESTIONS, OBVIOUSLY EITHER MYSELF OR MR. MENKO WOULD WELCOME THE OPPORTUNITY TO ADDRESS THEM. I ALSO DO WANT TO NOTE, BECAUSE THERE'S SOME OF THE VERY SAME RESIDENTS THAT ARE HERE THIS EVENING THAT HAVE BEEN HERE OVER THE COURSE OF THE PAST 5 OR 6 YEARS, AND WE DO WANT TO EXPRESS OUR APPRECIATION FOR THEIR CONTINUED PARTICIPATION IN THE ENVIRONMENTAL REVIEW OF THIS PROJECT, AND AGAIN, THEIR SUPPORT FOR THE CLUSTERED LAYOUT. OKAY. JOSH, DO YOU WANT TO BRING US UP TO DATE? SURE.
SO I'LL BE BRIEF AS WELL. EVERYONE SHOULD HAVE GOTTEN RECEIVED A COPY OF THE FINDINGS STATEMENT THAT I SENT TWO WEEKS AGO. YOU'LL NOTICE THAT THE THE FIRST VERSION OF IT I HAD SENT WAS PRETTY OPEN ENDED. IT WAS UP FOR, YOU KNOW, THE PLANNING BOARD TO OBVIOUSLY SHARE THEIR COMMENTS. THE VERSION THAT I SHARED TONIGHT, OBVIOUSLY, THE BOARD IS LOOKING TO MAKE A DECISION. I DO WANT TO PREFACE ON THE RECORD THAT WHENEVER I PUT ANY OF THESE DOCUMENTS TOGETHER, WHETHER IT'S THE FINDING STATEMENT FOR THIS, YOU KNOW, PREVIOUS RESOLUTIONS, I TAKE THE INFORMATION THAT'S PROVIDED ON THE RECORD FROM, YOU KNOW, THE APPLICANTS FROM THE PUBLIC HEARINGS THAT WE HAVE FROM, YOU KNOW, TALKING WITH INDIVIDUAL BOARD MEMBERS AND PUT IT TOGETHER. BUT I ALWAYS STRESS, AND YOU GUYS KNOW THIS, THAT IT COMES FROM THE OPINION OF THE BOARD. THAT'S WHY WE MARK IT UP IN REAL TIME, SO PEOPLE CAN HEAR THE CONVERSATIONS THAT WE HAVE. AND I'M LOOKING TO DO THAT AS WELL WITH THIS FINDING STATEMENT FOR PARKER ROAD. WHAT YOU'LL NOTICE IN THE ACTUAL DOCUMENT IS EACH ONE OF THE IMPACTS THAT THE POSITIVE DECLARATION FOR PARKER ROAD WAS INITIALLY SUBMITTED ON. THERE'S
[01:10:03]
A CONCLUSION, AND IT TALKS ABOUT THE AS OF RIGHT PLAN, WHICH IS THE PLAN THAT, YOU KNOW, IS THE KIND OF FOUNDATION FOR THE DOCUMENT. AND THEN THE CLUSTER IS OBVIOUSLY THE ALTERNATIVE, BUT IT'S THE PREFERRED ALTERNATIVE FROM THE APPLICANT. WE DID RECEIVE A NUMBER OF COMMENTS FROM NOT ONLY PUBLIC HEARINGS, BUT EVEN THE PUBLIC COMMENT PERIOD FROM RESIDENTS WHO HAVE PREFERRED THE CLUSTER ALTERNATIVE. SO WE TAKE ALL THAT TOGETHER AND WE TRY TO, YOU KNOW, HAVE THE BOARD MAKE A DECISION. THE ONE THING THAT I DO WANT TO STRESS IN THIS FINDING STATEMENT IS THAT THERE IS THE ABILITY TO ENACT CONDITIONS IN THE FINDING STATEMENT. AND WHAT YOU'LL NOTICE AT THE VERY END OF THE DOCUMENT IS I LEFT A PLACEHOLDER FOR CONDITIONS AT THE VERY END, AND ALSO LEFT PLACEHOLDERS FOR THE ACTUAL INDIVIDUAL IMPACTS WHERE YOU CAN LEAVE CONDITIONS. AND WHAT I MEAN BY CONDITIONS IS VERY SIMILAR TO WHAT WE DO WITH SUBDIVISION APPROVAL, SITE PLAN APPROVAL. AN EXAMPLE OF OTHER SEEKER FINDING STATEMENTS WHERE WE'VE DONE CONDITIONS. IF THERE'S OTHER THINGS THAT THE BOARD WOULD REQUEST IN SUBDIVISION APPROVAL, YOU CAN LEAVE THAT CONDITION AND SAY, YOU KNOW, WE APPROVE THIS SECRET FINDING STATEMENT CONTINGENT THAT THE APPLICANT SUBMIT X, YOU KNOW, DURING SUBDIVISION APPROVAL. THOSE ARE, YOU KNOW, AN EXAMPLE OF WHAT YOU CAN ASK FOR IN CONDITIONS TO HELP MAKE YOU MAKE YOUR DECISION. I'LL ALSO STATE FOR THE RECORD THAT THIS CURRENT DOCUMENT REFLECTS THE CLUSTER BEING THE ALTERNATIVE THAT THIS PLANNING BOARD WOULD MOVE FORWARD WITH IN TERMS OF WHAT WOULD GET SUBDIVISION REVIEW FROM THIS BOARD. I WANT TO STRESS WHETHER YOU CHOOSE THE AS OF RIGHT, WHETHER YOU CHOOSE THE CLUSTER ALTERNATIVE, THEY WILL HAVE TO COME BACK TO YOU FOR MAJOR SUBDIVISION APPROVAL.SO THIS ISN'T LIKE AN END ALL, YOU KNOW, DECISION IS MADE. IT JUST SAYS, YOU KNOW, YOU'VE DONE A HARD LOOK AT, YOU KNOW, THE FINDINGS THAT HAVE BEEN STATED. HERE'S A DECISION THAT YOU'VE MADE. AND THEN THEY WOULD STILL COME BACK TO THIS BOARD FOR SUBDIVISION APPROVAL.
SO I JUST WANT TO STRESS WHERE THE DOCUMENT CAME FROM, WHY IT WAS WRITTEN, THE WAY THAT IT WAS WRITTEN AND WHAT WE'RE GOING TO WHAT I'M HOPING FOR TONIGHT IS THAT IF ANYBODY DISAGREES WITH ANY OF THE CONCLUSIONS THAT ARE IN ANY OF THE IMPACTS OR WANTS TO ADD CONDITIONS THAT THEY WANT TO BE ADDRESSED, YOU KNOW, IN THE SUBDIVISION APPROVAL, NOW IS THE TIME TO MOVE FORWARD WITH THAT, AND THEN WE CAN PUT THE DOCUMENT TOGETHER. YOU CAN ALSO ASK MR. HOPKINS ANY QUESTIONS, ANY CLARIFYING QUESTIONS, AND THEN WE CAN ISSUE THE FINDING STATEMENT HOPEFULLY TONIGHT. JOSH, WE TALKED AT THE LAST MEETING ABOUT THE WALKING TRAIL AS PART OF THE GREEN SPACE, AND I DIDN'T SEE THAT IN HERE AS PART OF THE CONDITIONS BECAUSE WE TALKED ABOUT IT. CAN WE ADD THAT? YEAH, SO I LEFT. SO ANYTHING THAT WE TALKED ABOUT THAT WAS CONDITIONS BASED. I DIDN'T PUT IN THERE FOR DISCUSSION PURPOSES OF MAKING SURE THAT ENOUGH BOARD MEMBERS AGREED WITH IT, AND THEN JUST SPECIFYING WHAT CONDITIONS YOU'RE LOOKING FOR. BECAUSE I IF, IF BOARD MEMBERS RECALL LAST MEETING WHEN WE WERE DISCUSSING THIS. WE DISCUSSED THE FACT THAT THERE WAS A LOT OF GREEN SPACE, BUT THAT THERE WAS NO BENEFIT TO THE GREEN SPACE FOR THE RESIDENTS. AND SO WE SUGGESTED A TRAIL FOR THROUGHOUT THE PROJECT FOR THE RESIDENTS. AND I THOUGHT WE WERE ALL IN AGREEMENT. YES. SO IN READING YOUR DESCRIPTION THAT YOU INCLUDED THAT IT IT DOES INCLUDE PERMANENT OPEN SPACE, A RECREATIONAL TRAIL SYSTEM, AND REDUCE ROADWAY AND INFRASTRUCTURE IMPROVEMENTS. SO I SAW THAT BECAUSE I WAS WONDERING THE SAME THING WHEN I WAS GOING THROUGH THIS. AND THEN OUR PLAN DOES SHOW A WALKING TRAIL. IF THIS SITE PLAN THAT WE HAVE. NO, I JUST SAW IT. THE PARKER ROAD SITE PLAN. OH, POOPY. DOO DOO. OH. CLUSTER PLAN WITH DIMENSIONS DATED OCTOBER OR I'M SORRY. AUGUST 8TH, 2026 DOES INCLUDE THE WALKING TRAIL SYSTEM. THE WALKING TRAIL WAS THERE BACK IN AUGUST BECAUSE WE. IT WAS A BRAND NEW IDEA AT THE LAST MEETING. NO, WE'VE. WE'VE HAD IT ON THERE FOR SOME TIME. SO JUST FROM A DOCUMENTATION STANDPOINT, I BELIEVE IT'S COVERED. OKAY, COME. PLUS WE'LL STILL HAVE A SITE PLAN APPROVAL AND SUBDIVISION AGAIN BECAUSE IT WAS LIKE A BRAND NEW. THAT WAS WHAT WE DID. I WAS CONFUSED BY IT AS WELL TOO, BECAUSE I ALWAYS FIGURED THAT IT WAS IN. AND THEN I WAS SURPRISED BY THAT DISCUSSION LAST MEETING. WE'VE SHOWN THAT WALKING TRAIL ON THE CLUSTERED ALTERNATIVE FOR SEVERAL YEARS. OKAY, OKAY. ALL RIGHT THEN. YEAH, IF IT'S NOW, I BROUGHT IT UP AGAIN FOR.
SO FOR SURE IT'LL BE OUT THERE. RIGHT? OKAY. WHAT I DO THINK WOULD BE HELPFUL, CHAIR, IS MR. HOPKINS, CAN YOU JUST SPEAK TO THAT? BECAUSE I KNOW THERE'S BEEN QUESTIONS BEFORE ABOUT, YOU KNOW, AS OF RIGHT CLUSTER, NOT ONLY THE SIZE DIMENSIONS OF THE SMALLEST LOT THAT WOULD BE IN THE CLUSTER FOR THIS. BUT THEN, MR. MINGLE, CAN YOU ALSO TALK ABOUT SOME OF YOUR OTHER DEVELOPMENTS THAT HAVE HAD CLUSTER, THE SIZE OF THOSE LOTS COMPARED TO WHAT WOULD BE THE SMALLEST LOT IN THE PARKER ROAD PROJECT? CAN YOU JUST SPEAK TO THOSE? YES. SO FIRST OF ALL, UNDER THE CLUSTER LAYOUT, WE HAVE, I BELIEVE, 15.3 ACRES OF PERMANENT OPEN SPACE, MORE OR LESS. SO THAT'S ONE OF THE KEY BENEFITS IN TERMS OF LOT SIZES. I DON'T KNOW IF YOU CAN PULL UP THE PLAN. JOSH. I DON'T REMEMBER THE PRECISE LOT SIZES, BUT IT IS IN MY LAST POWERPOINT PRESENTATION, I BELIEVE THE SMALLEST SIZE WAS 10,500FT■S THAT I SAW 500FT. I HAVE IT ACTUALLY IN THE POWERPOINT. ACTUALLY, I THOUGHT THERE WAS ONE AT 8000. NO, NOT THERE'S DEFINITELY MORE THAN 10,000. YEAH. OKAY. THAT'S AS OF RIGHT NOW IF YOU KEEP GOING. I KNOW
[01:15:12]
IT'S THERE. BECAUSE IT WAS A QUESTION THAT WAS ASKED. I DO BELIEVE IT'S 10,500FT■S. THERE IT IS. YEP. LOT SIZES RANGING FROM 10,500 TO 17,500FT■S. MINIMUM LOT DIMENSIONS, 75FT OF FRONTAGE AND 140FT OF DEPTH. AND THE PLANS THAT ARE SHOWN ON THIS SLIDE WERE REQUESTED BY THIS BOARD TO SHOW THAT, FIRST OF ALL, YOU KNOW, APPROPRIATELY SIZED HOUSES WILL FIT ON THESE LOTS, WHICH THEY WILL. THEY'RE STILL FAIRLY BIG LOTS. AND SECONDLY, AND JUST AS IMPORTANTLY, THAT THERE'S ROOM FOR POOLS, DECKS, PATIOS AND RELATED TYPICAL SINGLE FAMILY HOME IMPROVEMENTS IN THE BACKYARDS. BY WAY OF COMPARISON, THERE ARE OTHER CLUSTERED LAYOUTS IN ORCHARD PARK IN HAMBURG, WHERE THE LOT SIZE IS AS SMALL AS 5000FT■S, SO WE'RE AT MINIMUM TWICE AS BIG. CAN I INTERJECT? SURE. DAVE VANKO. AT MISSION HILLS, THE PROJECT WE DID THERE WITH THE 85 PATIO HOME LOTS, THOSE LOTS ARE 6500 TO 6800FT■S. THOSE HAVE 60FT OF FRONTAGE AND THERE ARE 130FT DEEP. AND THE MAXIMUM HOME SIZE IS ANYWHERES FROM 1400 ALL THE WAY TO 2200FT■S AT. CURRENTLY AT MISSION HILLS WE ALSO HAVE A 30 FOOT SETBACK WHICH ALLOWS. MOST.ALL THE HOUSES HAVE A TWO CAR DRIVEWAY, TWO CAR GARAGES. WE ALSO HAVE FIVE FOOT SIDEWALKS ON BOTH SIDES OF THE STREET AND STREET LIGHTING ALL THE WAY THROUGH. SO IT DOES WORK. AND WE DO HAVE THE FIVE FOOT SETBACK ON ONE SIDE OF THE HOUSE AND TEN FOOT ON THE OTHER, SO THERE'S ALWAYS BETWEEN A 15 AND A 18 FOOT CORRIDOR BETWEEN EACH, EACH HOME DOWN THROUGH THE, YOU KNOW, THE PROPERTY. AND THOSE ARE ON SMALLER LOTS. YEAH. WAY SMALLER LOTS. YEAH.
THESE LOTS HERE ARE 75FT. AND I WANT TO SAY THEY'RE LIKE 140, 150, 440FT, 140FT DEEP. YEAH.
SO THESE ARE SIGNIFICANTLY BIGGER LOTS THAN WHAT WE BUILT AT MISSION HILLS. IS THERE ANYTHING ELSE YOU WANT TO ADD? OKAY. I WANT TO MAKE SURE WE HAVE A CLARIFICATION BECAUSE OF OUR QUESTION ABOUT THE WALKING TRAIL. SO BEFORE THE POSITIVE DECK, THE MOST THE THE LAST CLUSTER THAT WAS PROPOSED BEFORE THAT HAD BEEN A LONG TIME AGO, JUST TRYING TO REMEMBER SAID THE WALKING TRAIL. YEAH. IT HAD A INCREASED RIPARIAN BUFFER FOR RUSH CREEK.
THAT'S CORRECT. AND IT HAD, I THINK FRUIT TREES WOULD BE PLANTED ALONG THE WALKING TRAIL AS AN HOMAGE TO THE SITE'S AGRICULTURAL HERITAGE IN THE CLUSTER THAT'S PROPOSED AS PART OF THE SEEKER PROCESS. HAS ANY OF THOSE BEEN TAKEN AWAY? NO, NO. ALL RIGHT. THE OTHER THE OTHER KEY COMPONENT I HAD FROM THE PERSPECTIVE OF THE NEIGHBORS IS THE FRONTAGE IS GREEN SPACE, AND THAT WAS VERY IMPORTANT TO THEM VERSUS LOTS WHEN DREW RILEY WAS HERE. AND THAT WAS SEVERAL YEARS AGO, DREW ASKED US TO TAKE 5 OR 6 HOMES OFF PARKER ROAD BECAUSE HE HAD THIS IDEA THAT WE WOULD NOT IMPACT. SO WE WERE GOING TO BUILD BERM, SAW GRASSES IN THE LANDSCAPE, PLAN TO SOFTEN THE FRONT OF THE ROAD. AND WE'VE DONE THAT AND WE'VE DONE THAT.
WE'VE GIVEN UP NUMBERS OF LOTS TO MAKE THIS WORK. OKAY. ANYTHING ELSE? NOPE. OKAY. OKAY.
THANK YOU. ANY OTHER BOARD MEMBERS HAVE ANY OTHER QUESTIONS? NO. OKAY. JOSH, HOW WOULD YOU LIKE TO GO FROM HERE IF YOU GUYS WANT? SO IF JUST TO MAKE SURE EVERYONE'S UNDERSTANDING, IF YOU AGREE WITH THE. FIRST OF ALL, ARE THERE ANY CONDITIONS THAT ANY BOARD MEMBER WANTS TO DISCUSS? ADD TO THE SECRET FINDINGS STATEMENT MEMBERS, I READ THROUGH THE FINDING STATEMENT, AND I AGREE WITH HOW THE FINDINGS FOR EACH OF THE IMPACTS CAME OUT, AS WELL AS ALSO THE CONCLUSION. I DON'T THINK IT HURTS TO MAKE SURE THAT WALKING TRAIL AND OTHER THINGS ARE PART OF THE CONDITIONS. I AGREE, I AGREE WITH THAT, YES. CAN I JUST INTERJECT? I KNOW THAT OUR WALKING TRAIL, IF WATSON'S PROPERTY IS DEVELOPED, I KNOW OUR WALKING TRAIL DIVES INTO WHERE HE WOULD PICK UP THE WALKING TRAIL AND CONTINUE, BECAUSE THAT WAS ALWAYS IN THAT DISCUSSION, YOU KNOW WHAT I MEAN? SO JUST TO HAVE IT NOTED. OKAY. THANK YOU. YEAH. I MEAN, THE BEST WAY TO HANDLE THAT FROM A CONDITION MIGHT BE, JOSH, TO REFERENCE THAT CLUSTERED PLAN AND JUST SAY THE AMENITIES THAT HAVE ARE DEPICTED ON THAT PLAN. WE WOULD BE OKAY WITH THAT. I, I THINK WE NEED TO
[01:20:05]
SPELL IT OUT, QUITE FRANKLY, BEING ON THIS BOARD FOR A WHILE NOW, CLARITY IS ALWAYS BETTER SPECIFIC. BECAUSE WE MENTIONED THE FRUIT TREES, THE WALKING TRAIL. WHAT ELSE DID YOU MENTION? WHAT WAS THE OTHER THING THAT YOU MENTIONED? RIPARIAN BUFFER THAT'S IN THE LANDSCAPING AND BERM ALONG PLEASANT AVENUE. PARKER. PARKER ROAD. PARKER. YEAH. AS FAR AS HOW HOW WOULD PEOPLE WANT THE CONDITION WORDED? I THIS IS MORE OF A CLARIFICATION FOR THE WAY IN WHICH THE CONDITION IS WRITTEN. SO AFTER THIS THEY COME FOR SUBDIVISION AND THEN DO WE SEE THEM AGAIN FOR ANYTHING ELSE. YOU'LL SEE THEM FOR HOW WE TYPICALLY REGULARLY REVIEW MAJOR SUBDIVISIONS. THE SAME PROCESS, RIGHT. BUT THEN AFTER SUBDIVISION, THEN ONCE YOU GIVE, IF YOU IF YOU GIVE MAJOR SUBDIVISION APPROVAL, THEN THE PROJECT IS APPROVED AND THEN MOVES ON TO ENGINEERING LIKE ANY OTHER PROJECT. SO THEN THIS IS ESSENTIALLY GIVING LIKE WE'RE NOW PUTTING ON WHAT WE WOULD TYPICALLY LOOK FOR IN LIKE SITE PLAN APPROVAL, CORRECT? YES. OKAY. YEP, YEP. BUT YOU WILL HAVE THE OPPORTUNITY TO IMPOSE ADDITIONAL CONDITIONS WITH SUBDIVISION APPROVAL. I'M JUST MAKING, I'M JUST UNDERSTANDING THE LENS OF WHAT THE CONDITIONS ARE CORRECT. AND THE PUBLIC WILL STILL HAVE ANOTHER OPPORTUNITY BECAUSE THERE WILL BE A PUBLIC HEARING COMPONENT FOR THE MAJOR SUBDIVISION APPROVAL REQUEST AS WELL. SO PEOPLE WHO, YOU KNOW, STILL HAVE AN INTEREST IN WANTING TO SPEAK, THEY'LL HAVE ANOTHER OPPORTUNITY TO SPEAK AS WELL. OKAY. I THINK UNDER THE CONDITIONS THEN, BASED ON THE DISCUSSION THAT TOOK PLACE AT THIS TABLE, WOULD JUST TO BE HIGHLIGHT THE WALKING TRAIL, THE FRUIT TREES, THE RIPARIAN RIPARIAN BUFFER ALONG RUSH CREEK AND THE PLANTINGS ON PARKER ROAD TO BUFFER THE RESIDENTS TO THE. DOES THIS CLUSTER. DOES THIS CLUSTER HAVE A NAME YET? NO, IT'S NOT NAMED FOR ANYTHING. BUT WOULD YOU SAY THEN, PER THE SITE PLAN LAYOUT DATED AUGUST 6TH, 2026, PROJECT SHALL INCLUDE. AND THEN THE ITEMS I. I'M NOT COMFORTABLE WITH THAT. ARE THE FRUIT TREES ON THERE? WELL, I MEAN YOU CAN ADD FRUIT TREES. I'M JUST SAYING YOU WANT TO INTERJECT. BILL. WE NEVER REALLY DISCUSSED ABOUT FRUIT TREES. WE DIDN'T KNOW WHAT WE ENDED UP DOING. I MEAN, THERE'S A FRUIT TREES EVER. BUT IF YOU WOULD LIKE A FEW FRUIT TREES, I'LL THROW THEM IN. I DON'T HAVE A PROBLEM WITH THAT. YEAH. THAT'S SO, BUT THE THE FIRST, THE RIPARIAN WAS ALREADY DESIGNED BY THE ARCHITECTS AND THE NURSERIES, EARTH DIMENSIONS, EARTH DIMENSIONS. DID ALL THAT WORK FOR US. AND THERE'S A SIGNIFICANT PLANTINGS, YOU KNOW, I DON'T KNOW, IN THE NEIGHBORHOOD OF 68,000 OR $80,000 WORTH OF LANDSCAPE PLANTINGS GOING DOWN THIS RIPARIAN AREA. THERE'S SOME SIGNIFICANT MONEY BEING SPENT BACK DOWN THROUGH THERE. I THINK WE COULD JUST LIST THEM BECAUSE IF WE GET TO THE PUBLIC HEARING AND WE DECIDE TO USE YOUR MIC BECAUSE YOU CAN'T, YOU'RE THE ONE WE CAN'T HEAR BILL CLARK. I THINK WE SHOULD JUST LIST THEM KIND OF HOW JOSH IS TYPING THEM UP RIGHT NOW. BECAUSE IF THE WALKING TRAIL, THE FRUIT TREES, THE RIPARIAN BUFFER AND THE PLANTINGS, RIGHT? BECAUSE IF WE IF WE REFERENCED A SPECIFIC DATE AND THEN WE GET TO THE PUBLIC HEARINGS, SOMETHING CHANGES THE SUBDIVISION, WE WANT TO CHANGE SOMETHING, RIGHT? WE KIND OF LOCKED OURSELVES IN. BUT THIS GIVES US THE THE OUTLINE OF WHAT WE WANT, RIGHT? SO THEN IF SOMETHING'S GOT TO GET MOVED OR CHANGED. YEAH. WE DON'T WE DON'T HAVE TO LOOK AT DUMPSTERS, DO WE? RIGHT. OR DESIGN OR SOMETHING. YEAH. THAT'S FINE. I'M BEING FUNNY, BUT WE DON'T HAVE TO ADD DUMPSTERS DO WE. NO NO NO NO, A LITTLE LEVITY NEVER HURT AT THIS HOUR. SO WE HAVE THE THE WALKING TRAIL, FRUIT TREES, RIPARIAN BUFFER. IS THERE ANY OTHER THINGS, OTHER PLANTING OTHER PLANTS AND OTHER PLANTINGS. YEAH. I WOULD SAY BE DEPICTED AND BERM ON PARKER ROAD. WELL THAT'S IN BERM BECAUSE THE BERM REDESIGNED THAT. YEAH. YEAH. WE GOT YOU CAN'T PLANT CERTAIN TREES ON IT BECAUSE THEY DIE. RIGHT. SO MAYBE WE GET INTO IT AND WE DECIDE WE'D RATHER HAVE EVERGREENS THAN BERM. THAT'S WHY I WAS LOOKING AT PLANTING PLAN THAT'S ON HERE. OKAY. YEP.ALREADY KIND OF WENT THROUGH BECAUSE WE HAD THAT PROBLEM BEFORE. RIGHT ON 20. OKAY. THAT WAS THE THE DISCUSSION. OKAY. THEN I WOULD SAY OTHER PLANTINGS ALL BE DEPICTED ON THE SUBDIVISION PLANS. YEAH. SHALL BE DEPICTED ON THE SUBDIVISION PLANS. OKAY.
MEANING YOU'RE NOT SET IN STONE. ALL THE EXACT SPECIFICS, BUT YOU WANT THOSE THERE AND IT'LL
[01:25:04]
PROMPT THAT DISCUSSION. OKAY, OKAY. OKAY. WE'RE GOOD. ANYTHING ELSE THAT ANYBODY DOES ANYONE WANT TO ADD ANYTHING ELSE? NO. CHAIR. OKAY. JOSH. WE'RE GOOD. YEAH. SO IF YOU WOULD, WHAT I HAD PLANNED ON HAVING THE BOARD DO IS IF YOU WANTED TO JUST MAKE A QUICK MOTION, JUST SAYING THAT THE, YOU KNOW, TOWN PLANNING BOARD APPROVES THE FINDINGS. AND THEN WHAT I WOULD DO IS PUT TOGETHER A MORE FORMAL RESOLUTION THAT WILL BE CEREMONIAL. YOU DON'T NEED DAVE OR SEAN TO COME ON THE 21ST, BUT JUST TO READ THE FINDINGS, SEEK A RESOLUTION, BECAUSE I DIDN'T PUT IT TOGETHER, BECAUSE I WANTED TO MAKE SURE THAT THE BOARD WAS IN AGREEMENT FIRST. SO I DIDN'T PUT THAT ONE FORWARD. BUT IF YOU AGREE WITH HOW THIS IS, YOU CAN MAKE A MOTION JUST TO APPROVE IT FOR NOW. AND THEN WE'LL HAVE AN ACTUAL RESOLUTION THAT SOMEBODY CAN READ ON THE 21ST. THAT SOUNDS LIKE A PLAN. OKAY. I MAKE A MOTION TO APPROVE THE STATE ENVIRONMENTAL QUALITY REVIEW POSITIVE FINDINGS STATEMENTS FOR PARKER ROAD RESIDENTIAL SUBDIVISION AS DRAFTED. SECOND THAT THAT WAS MEMBER SHIMURA AND SECOND BY MEMBER CLARK. ALL THOSE IN FAVOR I NONE OPPOSED THEN IN TERMS OF SUBDIVISION REVIEW.JOSH WE ACTUALLY HAVE THAT APPLICATION PENDING. CAN WE SCHEDULE THAT ON AN AGENDA TO KEEP IT MOVING? I'LL LEAVE THAT TO THE CHAIR. THE 21ST RIGHT NOW HAS EIGHT ITEMS. OUR NEXT MEETING IS NOVEMBER 4TH. COULD WE PLACE IT ON THAT AGENDA? THE APPLICATION IS ALREADY PENDING.
JUST TO GIVE YOU AN IDEA OF WHAT'S ON THAT, ON THE ON THE WE HAVE A COUPLE OF THINGS ON THE WORK SESSION, LIKE NEW PROJECTS, AND THEN SOME OF THEM I'VE EARMARKED THAT I KNOW AFTER THIS PROJECT WILL BE TABLED TO THE 21ST. BUT WE HAVE. SO ON THE FOURTH, THEN WE'RE NOT GOING TO DO ANY MORE THAN EIGHT. OKAY. SO. SO WHILE WE'RE TALKING ABOUT IT, WE'RE GOING TO CLOSE THE AGENDA FOR THE NEXT MEETING. THERE'S NOT GOING TO BE ANY OTHER ADDITIONS, AND WE'LL MOVE THIS TO THE 4TH OF NOVEMBER. THANK YOU. OKAY. THANK YOU. ALL RIGHT. WE'LL SEE YOU THEN. JUST AS A REMINDER, IT'LL APPEAR AS AN AGENDA ITEM, BUT IT WON'T BE A PROJECT.
IT'LL JUST BE THE RESOLUTION LIKE THE OFFICIAL RESOLUTION, JUST SO IT'S IN THE MINUTES APPROVING THE SECRET FINDINGS FOR THIS PROJECT. SO IT'LL BE LISTED AS A AS A NUMBER, BUT IT WON'T BE A FULL AGENDA ITEM JUST TO MAKE SURE EVERYONE'S CLEAR. FOR THIS RESOLUTION YOU'RE TALKING ABOUT. YEAH, NOT THE SITE PLAN. CORRECT. OKAY. I HAVE TOO MUCH PAPER HERE. ALL
[3. Planning Board to discuss the draft Final Environmental Impact Statement submitted by Wetzl Development, LLC regarding a proposal by Glenn Wetzl to rezone property located east and south of 4255 McKinley Parkway ]
RIGHT. SO OUR NEXT CASE IS THE PLANNING BOARD TO DISCUSS THE DRAFT FINAL ENVIRONMENTAL IMPACT STATEMENT BY WETZEL DEVELOPMENT. I'M GOING TO TURN THIS OVER TO JOSH BECAUSE WE JUST GOT THE HARD COPY TONIGHT. SO THE BOARD HAS NOT HAD TIME TO REALLY DIVE INTO IT. CORRECT.SO I, I THINK MR. HOPKINS AND I WILL KIND OF TAG TEAM THIS ONE. WHAT I'LL START OFF WITH IS SAYING, IF YOU THOUGHT PARKER ROAD WAS TOUGH, THIS ONE IS GOING TO BE A DOOZY. WE'RE STARTING ANOTHER PHASE. SO VERY SIMILAR TO WHAT WE JUST DID WITH PARKER ROAD. WHERE WE ARE NOW IS NOW THAT YOU HAVE THE HARD COPIES OF THE EIS, WE CAN START THE REVIEW. I MYSELF AS THE PLANNING DEPARTMENT, SIMILAR TO WHAT I DID FOR PARKER ROAD, IS I PUT TOGETHER A COMPLETENESS FOR REVIEW DOCUMENT. ESSENTIALLY, I WENT THROUGH IT, COMPARED IT TO, YOU KNOW, ALL THE OTHER DOCUMENTS THAT HAVE BEEN SUBMITTED, TALKED ABOUT THINGS THAT I NOTED THAT MAY NEED, YOU KNOW, SOME SUGGESTIONS OR MADE SOME CLARIFICATIONS, WHICH I PREVIOUSLY SHARED WITH THE BOARD. BUT I WILL SHARE AGAIN FOR, YOU KNOW, SUBSEQUENT MEETINGS. I WILL ALSO SHARE IT WITH MR. HOPKINS AND THE APPLICANT SO THAT THEY CAN SEE IT AS WELL, I THINK. AND SHAWN CAN TALK ABOUT MORE OF THE DETAILS OF THE PROJECT. I THINK THE BIGGEST THING, AND I'VE MENTIONED IT BEFORE, THE DIFFERENCE FOR WETZEL IS THAT THERE ARE A NUMBER OF DIFFERENT. INSTEAD OF JUST TWO. THERE'S A NUMBER OF DIFFERENT LAYOUTS THAT HAVE BEEN PROPOSED, AND I THINK THE BIGGEST DIFFERENCE IS EVEN WHEN YOU MAKE YOUR FINDING STATEMENT, IT'S A RECOMMENDATION THAT THEN STILL HAS TO GO BACK TO THE TOWN BOARD FOR A REZONING DECISION. AND I THINK THAT'S REALLY THE BIG CAVEAT HERE WITH PARKER ROAD, YOU MAKE A DECISION, IT GOES BACK TO SUBDIVISION APPROVAL. IT'S BACK BEFORE YOU GUYS THIS PROJECT. WHATEVER YOUR RECOMMENDATION IS, IT STILL HAS TO GO TO THE TOWN BOARD. THE TOWN BOARD HAS TO APPROVE SOME SEMBLANCE OF A REZONING, AND THEN IT COMES BACK TO YOU FOR SITE PLAN APPROVAL. SO THERE'S THAT ADDED STEP THAT'S IN THERE. AND THEN I'LL KIND OF LET SHAWN KIND OF JUST TALK TO SOME OF THE SPECIFICITIES OF THE DIFFERENT LAYOUTS, BUT JUST TO KIND OF GIVE AN OVERVIEW, WE'RE GOING TO BASICALLY START THAT PROCESS WE DID FOR PARKER ROAD, BUT FOR WETZEL, WHERE I WILL SUBMIT MY COMPLETENESS FOR REVIEW DOCUMENT FOR YOU, THIS BOARD WILL HAVE TO DETERMINE THAT THE PHASE IS COMPLETE. I'LL HAVE FILING REQUIREMENTS THAT I HAVE TO DO. WE'LL HAVE THE TEN DAY PUBLIC COMMENT PERIOD. SO VERY SIMILAR TO PARKER ROAD JUST WITH WETZEL AND MORE OPTIONS. AND THAT'S BEEN PUT FORTH THIS 17TH. THAT IS OVER THE REVIEW TO START ON THE 21ST. THAT'S ONE OF THE EIGHT THAT'S IN
[01:30:01]
THERE. OH, OKAY. YEP. YEAH. THAT'S WHAT I OKAY. YEP. OKAY. SO SO BASED ON ALL THAT, BASED ON YOU'VE SEEN IT BEFORE, IF IT'S GOING TO BE ON THE NEXT AGENDA, I MEAN, I CAN WALK THROUGH THOSE THREE ALTERNATIVES. OR IF IN THE INTEREST IN TIME, YOU WOULD RATHER HAVE ME WAIT AND GIVE A MORE THOROUGH PRESENTATION AT THE NEXT MEETING. I CAN CERTAINLY DO THAT, TO BE HONEST WITH YOU, BECAUSE WE HAVE NEW BOARD MEMBERS AND WE WERE WAITING FOR THE HARD COPIES. I WOULD RATHER HAVE THEM GIVE THEM AN OPPORTUNITY TO GO THROUGH IT AND THEN THEY'LL BE CATCH UP. I JUST FEEL THAT. AND IF ANYBODY OBJECTS TO THAT, THEN LET ME KNOW. BUT I FEEL THAT IT WOULD, YOU KNOW, GIVEN THE HOUR AND EVERYTHING AND THE AND THE AMOUNT OF INFORMATION THAT'S GOING TO COME FROM THIS CASE, I THINK THAT WE NEED TO WE NEED TO BE ABLE TO DIG INTO IT FIRST. PERFECT. OKAY. SO I THINK YOU'RE DONE FOR THE NIGHT, RIGHT? OR. NO, NO, THAT WAS THAT WAS THAT WAS JUST IT FOR WETZEL. GOOD THING WE DON'T PAY YOU BY THE SECOND. OKAY. WETZEL'S COMING BACK NEXT MEETING. SO WETZEL WILL BE COMING BACK. THAT'LL BE ON THE 21ST. AND I WILL RECIRCULATE MY REVIEW FOR COMPLETENESS DOCUMENT TO THIS BOARD. I WILL ALSO SHARE IT WITH THE APPLICANT. OKAY, THEN WE HAVE[4. Briad Development LLC – Requesting Site Plan Approval for the development of a small-scale traveler center, anchored by an 8,700 sq-ft building to include several quick-service restaurant (QSR) establishments, separate fuel pump stations, and other associated parking and site improvements]
OUR NEXT CASE IS BRAD DEVELOPMENT LLC REQUESTING A SITE PLAN APPROVAL FOR DEVELOPMENT OF A SMALL SCALE TRAVEL TRAVELER CENTER ANCHORED BY 8700 SQUARE FOOT BUILDING TO INCLUDE SEVERAL QUICK SERVICE RESTAURANTS, ESTABLISHMENTS, SEPARATE FUEL PUMP STATIONS AND OTHER ASSOCIATED PARKING LOT SITE IMPROVEMENTS. SO WHO'S UP? YES. GOOD EVENING, SEAN HOPKINS ON BEHALF OF THE APPLICANT, BRAD DEVELOPMENT, LLC. JAMES, I'M GOING TO LET YOU INTRODUCE YOURSELF AND ADDRESS THE TEAM. HI EVERYONE. JAMES TALARICO FROM BRIDE DEVELOPMENT, 78 DCNR PARKWAY, LIVINGSTON, NEW JERSEY. I'M THE SENIOR VICE PRESIDENT OF DEVELOPMENT FOR THESE PROJECTS. SO WE'RE GOING TO WALK YOU THROUGH THIS PROJECT BRIEFLY. YOU HAVE SEEN THIS BEFORE IN CONNECTION WITH THE REZONING THAT WAS ULTIMATELY APPROVED BY THE TOWN BOARD EARLIER THIS YEAR. WE'RE NOW BACK IN FRONT OF YOU. THIS PROJECT WILL ULTIMATELY REQUIRE TWO APPROVALS, REQUIRES A SPECIAL USE PERMIT AS WELL AS SITE PLAN APPROVAL. I THINK WE ALL KNOW THE LOCATION OF THE SITE. APPROXIMATELY 4.1 ACRES IN SIZE WAS PREVIOUSLY ZONED.C-1 WAS REZONED TO C-2 AFTER AN EXTENSIVE REVIEW PROCESS THAT INCLUDED REVIEWS BY THE CODE REVIEW COMMITTEE. THE PLANNING BOARD, WHICH ULTIMATELY RECOMMENDED APPROVAL OF THE REZONING. AND THEN FINALLY, ON APRIL 27TH OF THIS YEAR, THE TOWN BOARD ISSUED A NEGATIVE DECLARATION AND APPROVED THE REZONING FROM C1 TO C2. I'M GOING TO GO TO THE NEXT SLIDE.
JOSH. AERIAL PHOTOGRAPH OF THE PROJECT SITE. I THINK WE ALL REMEMBER VERY WELL WHERE IT'S LOCATED. NEXT SLIDE. THIS IS JUST A COPY OF THE RESOLUTION THAT WAS ADOPTED BY THE TOWN BOARD DURING ITS MEETING ON APRIL 27TH. LARGELY MIRRORS YOUR RECOMMENDATION ON THE REZONING. WORKING WITH JOSH, YOU PREPARED A REZONING RECOMMENDATION REPORT. AND BASICALLY WE'RE STILL INCORPORATING THOSE FINDINGS IN TERMS OF WHAT WE'RE PROPOSING FOR THIS PROJECT. NEXT SLIDE. ADDITIONALLY, ON APRIL 27TH, THE TOWN BOARD ISSUED A NEGATIVE DECLARATION. THE IMPORTANCE OF THAT IS TWO THINGS. NUMBER ONE, BASED ON THE DISCUSSION OF THE PREVIOUS PROJECTS, THE TOWN BOARD HAS DETERMINED THAT THIS PROJECT WILL NOT RESULT IN ANY POTENTIALLY SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACTS. AND THAT MEANS IN CONNECTION WITH YOUR REVIEW OF THE PROJECT THAT'S IN FRONT OF YOU NOW, THERE IS NO NEED FOR A SECRET DETERMINATION. THAT DECISION HAS BEEN MADE BY THE TOWN BOARD. I BELIEVE YOU WERE COMFORTABLE WITH THAT DECISION AS WELL. NEXT SLIDE. SO THIS IS THE ACTUAL SITE PLAN.
AND WE HAVE SUBMITTED FULLY ENGINEERED PLANS. WHAT WE'RE SHOWING AND CONTINUING TO SHOW IS A MULTI-TENANT COMMERCIAL SITE BASICALLY TO FUNCTION AS A SMALL TRAVEL CENTER. OBVIOUSLY WE THINK THIS IS AN EXCELLENT LOCATION, PROXIMITY TO BUSY STREETS AS WELL AS THE I-90. WE HAVE SEVERAL TENANTS THAT ARE ON BOARD HERE. IT'LL BE A CIRCLE K CONVENIENCE STORE WITH SEVERAL QUICK SERVICE RESTAURANT ESTABLISHMENTS, INCLUDING JIMMY JOHN'S, DUNKIN DONUTS AND THE DUNKIN DONUTS WOULD FEATURE A DRIVE THRU, WHICH YOU CAN SEE ON THE PLAN.
THERE IS AN ADDITIONAL FUTURE IN-LINE QSR SPACE AND END CAP SPACE. TENANTS HAVE NOT YET BEEN IDENTIFIED FOR THOSE SPACES, BUT THEY WILL AS THIS MOVES FORWARD. OBVIOUSLY, AN IMPORTANT CRITERIA FOR SITE SELECTION IS BEING ABLE TO TELL PROSPECTIVE TENANTS THEY HAVE THE REQUIRED APPROVALS FROM THE MUNICIPALITY, WHICH IS WHY WE'RE HERE. NEXT SLIDE. OH THANK YOU. IN TERMS OF WHAT ELSE WE'RE SHOWING, WE'RE SHOWING SEVEN GAS DISPENSERS, THE OVERHEAD CANOPY. IT'S ACTUALLY THAT ASPECT OF THE OF THE PROJECT THAT TRIGGERS A NEED FOR A SPECIAL USE PERMIT. WE ARE SHOWING 47 PARKING SPACES SUPPLEMENTED BY 14 SPACES, WHICH WOULD BE ADJACENT TO THE GAS CANOPY. SO WE HAVE A TOTAL OF 61 PARKING SPACES. THE
[01:35:01]
TOWN OF HAMBURG ZONING CODE REQUIRES THIS BOARD TO ACTUALLY MAKE A PARKING DETERMINATION IN CONNECTION WITH EACH PROJECT. WE ARE VERY COMFORTABLE, BASED ON THE ANTICIPATED DEMAND, THAT WE HAVE MORE THAN AN ADEQUATE SUPPLY OF OFF SITE PARKING SPACES ON THIS SITE. THE BUILDING ITSELF IS APPROXIMATELY 9000FT■S. NEXT SLIDE. WE ALSO AGAIN HAVE SUBMITTED ENGINEERED PLANS. THIS IS A UTILITY PLAN. THE REAL IMPORTANCE OF THESE PLANS IS TO DEMONSTRATE THAT WE'RE AWARE OF TECHNICAL REQUIREMENTS IN TERMS OF DRAINAGE, LIGHTING, LANDSCAPING, ETCETERA, ETCETERA, ALL SUBJECT ULTIMATELY TO REVIEW AND APPROVAL BY KAMI JIRO AND HER CONSULTANT AND HER TEAM AT GHD ENGINEERING. NEXT SLIDE. GRADING AND DRAINAGE PLAN. YOU CAN SHOW WE DO HAVE THAT STORMWATER MANAGEMENT AREA LOCATED ON THE BACK END OF THE SITE. NEXT SLIDE. LANDSCAPING PLAN. THIS IS AN IMPORTANT SLIDE. SO WE ARE SHOWING EXTENSIVE LANDSCAPING. AND ONE OF THE COMMENTS THAT CAME UP DURING THE REVIEW PROCESS WAS ADDING THAT LANDSCAPE BUFFER. CAN I JUST GO OFF THE SHOULDER? IT IS. WHILE RIGHT NOW IT REALLY DOESN'T SERVE ANY PARTICULAR PURPOSE, BUT WE WERE ASKED TO PROVIDE SOME LANDSCAPING HERE ALONG THAT SECTION OF BIG TREE ROAD, WHICH WE'VE DONE TO A LARGE DEGREE.THE DEVELOPMENT IS LIMITED TO THIS PORTION OF THE SITE AND THE REST IS BASICALLY INFRASTRUCTURE IMPROVEMENTS, GREEN SPACE, LANDSCAPING, ETC. ETC. ALL SPECIFIED IN GREAT DETAIL ON THE LANDSCAPE PLANS. NEXT SLIDE. LIGHTING PLAN. WE ARE PROPOSING DARK SKY COMPLIANT LIGHTING, AND WE DO COMPLY WITH THE STANDARDS SET FORTH IN YOUR ZONING CODE FOR LIGHTING. NEXT SLIDE. CIRCULATION PLAN. SO AS YOU RECALL, BASED ON COMMENTS WE RECEIVED DURING THE REZONING REVIEW PROCESS, THAT DRIVEWAY ON BIG TREE HAS BEEN PUSHED NORTH AS FAR AS POSSIBLE. AND THEN WE ALSO HAVE A DRIVEWAY ON SOUTHWESTERN. THIS PROJECT DOES REQUIRE A HIGHWAY WORK PERMIT FROM THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION.
THERE HAVE BEEN COMMUNICATIONS AND DISCUSSIONS WITH DOT, BUT AS YOU CAN SEE, WE HAVE DESIGNED THIS TO ACCOMMODATE EFFICIENT TRUCK ACCESS, INCLUDING DELIVERY TRUCKS AND FUEL TRUCKS. AND AGAIN, TO MAXIMIZE THE DISTANCE OF THE DRIVEWAYS FROM THE INTERSECTION.
NEXT SLIDE. ONE QUICK QUESTION HERE. CAN YOU DESCRIBE HOW AND WHY THAT GRAPHIC IS KIND OF LIKE MORPHING AND CHANGING BETWEEN THE TWO DIFFERENT SLIDES? YEAH. GO BACK. IT'S MORE OF LIKE A TECHNICAL GO. NEXT QUESTION. THE NEXT, YOU KNOW WHAT? OH, FROM DEPENDING WHICH WAY THE TRUCKS COMING FROM, RIGHT. IF THEY'RE HEADING NORTH, THAT'S THE WAY THEY'RE GOING TO GO. AND THEN THAT'S HEADING THE OTHER DIRECTION. SO THEN THE WIDTH OF THAT IS. SO IS THIS TRYING TO DEPICT THE FACT THAT YOU CAN HAVE COME ON UP. I'M GOING TO LET THE PERSON WHO PREPARED THE PLAN, LET THE ENGINEER TALK TO HIS GRAPHIC. HEY, I'M CONNOR, I WAS THE DESIGN ENGINEER FOR THE PROJECT. IT'S JUST THE WAY THAT THE CAD PROGRAM MODELS IT. IT'S JUST THE, I GUESS THE MOVEMENTS OF THE, I GUESS, TRUCK FOOTPRINT ITSELF. SO THIS IS FOR LIKE A, A FULL SIZE 18 WHEEL TRUCK. SO IT'S A SHOW THAT YOU GOT THAT THERE IS CLEARANCES AROUND WHATEVER YOUR BUILT ENVIRONMENT IS THAT IT CAN FIT. YEAH. OKAY. BUT SHOW IT CAN COME IN BOTH WAYS. RIGHT? CORRECT. THAT'S WHY WE DID THE SECOND, RIGHT. I WAS JUST WONDERING LIKE, WHAT IS THAT SHAPE TELLING YOU? SO OKAY. YEAH, NO, IT'S JUST THE FOOTPRINT OF THE TRUCK ITSELF.
IT'S NOT RIGHT. SO SO IF, IF THE TRAILER SWINGING, IT'S GOING TO SWING WIDER SHOWS YOU THE, THE ACTUAL WHEELBASE, RIGHT? SO IT'S DEPICTING THAT THERE'S PLENTY OF CLEARANCE AMONGST YOUR BUILT CONDITION TO GET YOUR FUELING TRUCK AND TO GET THE TRUCK PATH. OKAY. IT'S ACTUALLY SHOWING THE ACTUAL MOVEMENT OF THE VEHICLE ITSELF, INCLUDING THE TRAILER. NEXT SLIDE, NEXT SLIDE. SO WE DID PREPARE A TRAFFIC STUDY THAT HAS BEEN SUBMITTED. AND BASICALLY THE TRAFFIC STUDY THAT WAS PREPARED DOES DEMONSTRATE THIS PROJECT WILL NOT RESULT IN ANY POTENTIALLY SIGNIFICANT ADVERSE TRAFFIC IMPACTS. WE TALKED ABOUT THE FACT THAT IT DOES RECOMMEND 150 FOOT EASTBOUND LEFT TURN LANE BE STRIPED IN THE EXISTING HATCHED MEDIAN ON US ROUTE 20 AT THE PROPOSED ACCESS TO PROVIDE SPACE FOR VEHICLES WAITING TO LEFT TURN INTO THE DEVELOPMENT. WE'RE FINE WITH THAT. THAT TRAFFIC STUDY HAS BEEN PROVIDED TO DOT TO DATE. I DON'T THINK DOT HAS PROVIDED ANY SUBSTANTIVE COMMENTS, WHICH IS NOT A SURPRISE GIVEN HOW QUICKLY DOT REVIEWS THINGS. BUT ULTIMATELY, AGAIN, WE'VE DESIGNED THIS TO MAXIMIZE SAFETY IN TERMS OF TRAFFIC SAFETY, NOT ONLY ON SITE BUT OFF SITE. SO WE ARE COMFORTABLE WITH THE CONCLUSIONS OF THAT TRAFFIC STUDY THAT WAS PROFESSIONALLY PREPARED. NEXT SLIDE. SITE SIGNAGE. SO WE WANT TO MAKE SURE THAT WE'RE DISCLOSING THE FACT THAT THIS WILL INCLUDE SIGNAGE, BOTH BUILDING SIGNAGE AND A MONUMENT.
SIGN. THE SPECIFICS OF THE SIGN PACKAGE ITSELF HAVE NOT YET BEEN REVIEWED. THERE'S A
[01:40:07]
POSSIBILITY THAT WE WOULD NEED ONE OR MORE VARIANCE FROM THE ZONING BOARD OF APPEALS, AND I THINK WE DO KNOW WE NEED AT LEAST A SETBACK VARIANCE FOR THE MONUMENT SIGN. ALL OF THOSE DETAILS WILL BE WORKED OUT AS PART OF THE REVIEW PROCESS, BUT WE DO WANT TO MAKE SURE THAT IT'S CLEAR ON THE RECORD THAT WE ARE PROPOSING AN AMPLE SIGN PACKAGE. IF YOU WANT TO GO TO THE NEXT SLIDE, THERE'S A COLOR ELEVATION SHOWING SIGNAGE ALONG THE FRONT. AND IF YOU LOOK AT IT, YOU KNOW, IN MY OPINION, IT IS APPROPRIATELY SCALED. THIS WILL BE A VERY NICE BUILDING, FEATURES, AMPLE TRANSPARENCY, DIVERSE ARCHITECTURE AND MATERIALS, BOTH VERTICAL AND HORIZONTAL ARTICULATION. NEXT SLIDE. NEXT SLIDE. AND THERE'S THE CANOPY ITSELF WITH THE SIGNAGE. NEXT SLIDE. SO AGAIN THIS DOES REQUIRE A SPECIAL USE PERMIT. THE NEXT STEP WOULD BE FOR YOU TO SCHEDULE A PUBLIC HEARING ON THE REQUESTED SPECIAL USE PERMIT. IT'S BECAUSE IT FALLS IN THOSE CATEGORIES OF AUTOMOTIVE USES. SPECIFYING SECTION 280-81, A 23 F OF THE CODE, WHICH INCLUDES FILLING STATIONS, GASOLINE STATIONS, OLD TERMINOLOGY, AUTO REPAIR SERVICE STATIONS, BREAK SHOPS, COLLISION SHOPS, TIRE SHOPS, ETC. ETC. NONE OF WHICH WERE PROPOSED. WHAT WE'RE PROPOSING IS A FUELING FACILITY THAT WILL BE ACCESSORY TO THE PROPOSED RETAIL BUILDING, SO WE DO THINK WE CAN PROVIDE JUSTIFICATION FOR THAT REQUIRED SPECIAL USE PERMIT. AND THEN NEXT SLIDE. JOSH. SPECIAL USE PERMIT CRITERIA. I'M GOING TO WAIT TILL WE GET TO THE PUBLIC HEARING. BUT WITHIN OUR SUBMISSION AND OUR PREVIOUS SUBMISSIONS, WE DO BELIEVE WE'VE ADDRESSED EACH OF THOSE CRITERIA SET FORTH IN THE ZONING CODE, SPECIFICALLY SECTION 283 30, THAT ARE APPLICABLE TO THIS PARTICULAR USE. SO WHEN WE GET TO THE PUBLIC HEARING, WE'LL BE ASKING THAT YOU APPROVE THE SPECIAL USE PERMIT. NEXT SLIDE. WE DID PROVIDE A WETLAND DELINEATION REPORT PREPARED BY WETLAND CONSULTANT DATED AUGUST 21ST OF LAST YEAR. THERE ARE ABSOLUTELY NO WETLANDS SUBJECT TO THE JURISDICTION OF EITHER THE UNITED STATES ARMY CORPS OF ENGINEERS OR THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ON THIS SITE. SO THAT'S NOT AN IMPACT THAT WE NEED TO CONSIDER HERE. NEXT SLIDE. THERE'S A COPY OF THE WETLAND MAP. NEXT SLIDE. SO WITH ALL THAT BEING SAID, THE NEXT STEP IN THE REVIEW PROCESS WOULD BE FOR YOU TO SCHEDULE A PUBLIC HEARING ON THE SPECIAL USE PERMIT. WE WELCOME ANY QUESTIONS THAT ANY OF YOU MAY HAVE, BUT WE'RE HOPING TO MOVE THIS PROJECT FORWARD IN A TIMELY MANNER SO WE CAN PROCEED WITH NOT ONLY RECEIVING THE REQUIRED APPROVALS, BUT THEN CLOSING AND PROCEEDING WITH THE PROJECT. AND THEN, OF COURSE, WE WELCOME ANY COMMENTS THAT CAMI MAY HAVE BASED ON THE ENGINEERING PLANS. THANK YOU. OKAY. THANK YOU. JOSH, DO YOU HAVE ANYTHING ELSE TO ADD? YEAH, I'LL JUST HIGHLIGHT JUST A COUPLE OF QUESTIONS. ONE, CAN YOU ARE YOU ABLE TO KIND OF SPEAK TO ANY OF THE CONVERSATIONS THAT YOU'VE HAD WITH DOT? I KNOW WHEN WE DID THE REZONING THAT WAS, YOU KNOW, A HUGE PIECE. I KNOW HOW DOT IS, BUT CAN YOU SHED ANY LIGHT ON JUST ANY OF THE CONVERSATIONS THAT YOU'VE HAD TO DATE? ABSOLUTELY. OKAY. I GUESS ALL THE CONVERSATIONS WE'VE HAD WITH DOT WAS, I GUESS, ABOUT THE MAIN STRIPING AND JUST TO, I GUESS, START THE PERMIT SO THEY COULD REVIEW IT. THERE HASN'T REALLY BEEN TOO MANY CONVERSATIONS PAST THAT POINT, BUT WE PREVIOUSLY SUBMITTED THE DOT PERMIT ARE CURRENTLY WAITING FOR, I GUESS, THEIR REVIEW. CALL. THERE WAS A DISCUSSION AT THE LAST TIME YOU GUYS CAME HERE THAT IF YOU DON'T GET THE CURB CUT, THERE'S NO PROJECT. ON SOUTHWESTERN.YEAH, WE ABSOLUTELY NEED THOSE CURB CUTS. THIS IS SEAN HOPKINS. I'VE ALSO SPOKEN TO CARL CALARCO AT DOT, WHO I'VE KNOWN FOR A COUPLE OF DECADES. HE IS AWARE OF THE PROJECT. THEY WILL BE PROVIDING COMMENTS. BUT GENERALLY SPEAKING WITH THESE TYPES OF PROJECTS INCLUDE A FUELING FACILITY, A DOT. ULTIMATELY, ON A CORNER DOES RECOGNIZE THAT YOU NEED TWO MEANS OF ACCESS. BUT YES, WE WILL NEED. WE WILL NEED, ULTIMATELY A HIGHWAY WORK PERMIT FROM DOT. SO WAIT, JUST FOR CLARIFICATION. SO THE ENGINEER IS HERE AS WELL IF WE HAVE QUESTIONS. SO THE CURB CUT HAS NOT YET BEEN APPROVED BY DOT ON ON ROUTE 20. IS THAT ALMOST NEVER WOULD BE APPROVED AT THIS POINT. OKAY. AND IF IT DOESN'T GO THROUGH THEN THE PROJECT WON'T BE GOING THROUGH. IS THAT POSSIBILITY RIGHT. THAT WE NEED THOSE? WE NEED TWO ACCESS POINTS FOR THIS PROJECT TO GO THROUGH. SO HOW LONG DO WE KNOW WITH DOT? WELL, A LOT OF TIMES WHAT WILL HAPPEN IS THAT'S WHAT WE CONSIDER A THIRD PARTY APPROVAL THAT I THINK CAMI'S DEPARTMENT WILL, YOU KNOW, IT WON'T EVEN PROCEED FURTHER TOWARDS THE BUILDING PERMIT BECAUSE IT'LL STOP AT ENGINEERING APPROVAL BECAUSE THEY DON'T HAVE DOT APPROVAL, THEN IT WON'T IT WON'T GO FOR ALL YOUR ISSUING WOULD BE CONDITIONAL SITE PLAN APPROVAL
[01:45:01]
AND SPECIAL USE PERMIT APPROVAL. IF THEY DON'T GET ACCESS TO A CURB CUT ON SOUTHWESTERN BOULEVARD, THEN THE PROJECT UNFORTUNATELY WOULD WOULD DIE THERE. OKAY, YEAH. I DO ALSO WANT TO KNOW RIGHT WHAT DOT WOULD ULTIMATELY DO, AND WE DON'T THINK THIS WILL HAPPEN.THEY WOULD LIMIT ACCESS, NOT PROHIBIT ACCESS. SO BUT THERE'S ALREADY THERE'S ALREADY LIKE BELT AND SUSPENDERS IN PLACE. SO THAT IN THE EVENT THAT DOT DOESN'T ISSUE YOUR PERMIT OR ISSUE THE YADA YADA, RIGHT, THE PROJECT WOULDN'T GO THROUGH. WE DON'T NECESSARILY NEED TO BE ANY HOLD ANYTHING UP BY VIRTUE OF THAT. YEAH. RIGHT. AND I SAID THAT, RIGHT. CAMI. RIGHT.
AND YOUR ENGINEERING APPROVAL, YOU WAIT FOR THIRD PARTY APPROVALS. DOT APPROVAL COUNTS AS THIRD PARTY APPROVAL. OKAY. YEP. YEAH. AGAIN, I ASKED THE QUESTION TO CLARIFY IT ON THE RECORD. SO THERE'S NO QUESTION I KNOW WHAT THE ANSWER IS BECAUSE I WAS ON CODE WHEN THIS FIRST CAME IN FRONT OF US, AND NONE OF NONE OF WHAT WE'RE DISCUSSING IN TERMS OF DOT IS UNFORTUNATELY ATYPICAL. CORRECT? RIGHT. MY, MY THEN FOLLOW UP QUESTION IS, CAN YOU SPEAK TO I KNOW YOU HAVE JIMMY JOHN'S AND I THINK YOU GUYS HAVE CONTRACTS WITH YOUR QSRS. CAN YOU SPEAK TO, IF YOU'RE ABLE TO WHO THOSE ARE? BECAUSE I KNOW WE'VE HAD OTHER QUESTIONS BEFORE. WHEN WE HAVE OPEN ENDED END CAPS, LIKE THERE'S A BIG DIFFERENCE BETWEEN IF STARBUCKS OR CHIPOTLE COME IN VERSUS A SMALLER KIND OF, YOU KNOW, JIMMY JOHN'S, YOU KNOW, THERE'S A DIFFERENCE BETWEEN WHAT THOSE END CAPS, THOSE OTHER QSRS COULD BE. DO YOU HAVE CONTRACTS WITH SPECIFIC ONES OR IS IT OPEN ENDED FOR ANYBODY CAN COME IN? CAN YOU SPEAK TO THAT A LITTLE BIT? YEAH, SURE I CAN. WE'VE WE'VE REACHED OUT TO MULTIPLE STARBUCKS IS ONE OF THEM, OBVIOUSLY, BUT DUNKIN'S THERE. SO IT DOESN'T WORK BECAUSE WE'RE USING THE DUNKIN.
SO YOU CAN'T HAVE TWO COFFEE SHOPS IN ONE SPOT. SO WHEN WE WERE VETTING ALL THIS A LONG TIME AGO, THAT WAS ONE OF THE TENANTS. BUT WE'RE AT DUNKIN FRANCHISEE, WE'RE A JIMMY JOHN FRANCHISEE AND WE'RE A CIRCLE K FRANCHISEE. SO WE'LL BE OPERATING ALL OF THOSE BUSINESSES. THE OTHER TWO WE'RE IN THE PROCESS OF. FORTUNATELY, WE SIGNED NDA, SO I CAN'T DISCLOSE SPECIFIC BRANDS, BUT THERE'S ABOUT 4 OR 5 OTHER BRANDS WE'RE TRYING TO GET ON BOARD FOR THESE LOCATIONS THAT ARE SIMILAR IN NATURE. SO AS FAR AS THE INTENSITY FROM A DRIVE THROUGH STANDPOINT, THAT END CAP HAS A LARGE AMOUNT OF QUEUING COMPARED TO ACTUALLY, I THINK THEY BOTH HAVE THE SAME AMOUNT. I THINK IT'S EITHER 10 TO 12 CARS, WHICH IS PRETTY SIGNIFICANT FOR FOR DRIVE THRU LANES. SO ULTIMATELY, THOSE ARE THE TENANTS THAT WE CAN DISCLOSE. OKAY, THOSE ANSWER YOUR QUESTIONS. OH THAT'S MY QUESTIONS. YEP. SO THE, THE, THE, DOES THE BOARD HAVE ANY OTHER QUESTIONS TO ASK. NO. I HAVE A QUICK ONE MEMBER CLARK, SOME CIRCLE K'S HAVE FAST CHARGERS FOR EVS. WOULD YOU CONSIDER ADDING ONE AT THIS LOCATION IF YOU WERE GOING TO DO THAT. SO SO AT THIS POINT IN TIME WE WILL BE EV READY, WHICH MEANS WE ONLY PUT THE CONDUIT IN. WE HAVE TWO UNDER CONSTRUCTION RIGHT NOW. WE'RE NOT PUTTING ANY EV CHARGING STATIONS IN. QUITE HONESTLY, FROM AN ECONOMIC STANDPOINT, THE RETURN ON INVESTMENT TAKES ABOUT 10 TO 12 YEARS TO PUT A CHARGE TWO OR A CHARGE THREE INTO THESE SYSTEMS, CHARGE ONE THERE DOESN'T REALLY SERVE ANY PURPOSE. NORMALLY, CHARGE ONE'S YOU NORMALLY SEE AT RESIDENTIAL PLACES WHERE THEY'RE CHARGING OVERNIGHT, YOU NEED A MUCH FASTER CHARGE IN THESE LOCATIONS. SO I CAN TELL YOU AT THIS POINT IN TIME, NO. AND I DON'T THINK THERE'S ANY STATE STATUTE IN NEW YORK THAT REQUIRES IT EITHER. SO AT THIS POINT IN TIME, WE'RE NOT PLANNING ON PUTTING ANYTHING IN EXCEPT, AGAIN, EV READY, MEANING WE PUT JUST THE BARE CONDUIT UNDERGROUND, RIGHT. SO IT'S AVAILABLE. SO WE'RE NOT RIPPING UP PAVEMENT. RIGHT. OKAY. ANY ANY OTHER QUESTIONS? NO. OKAY. SO IS THIS SET FOR THE PUBLIC HEARING FOR THE. YEAH. SO THIS WAS EARMARKED FOR HAVING A PUBLIC HEARING ON BOTH SITE PLAN AND THE SPECIAL USE PERMIT FOR THE 21ST 21ST. OKAY. THEN WE WILL SEE YOU GUYS BACK HERE ON THE 21ST. I YEAH, WE'LL SEE YOU BACK HERE ON THE 21ST. THANK YOU VERY MUCH. ALL RIGHT.
YOU'RE WELCOME. THANK YOU. OUR FINAL CASE FOR THE EVENING IS BENDERSON DEVELOPMENT, LLC
[5. Benderson Development, LLC – Requesting Planning Board Approval of a Tree Clearing Permit in connection with a drainage project to be located at 5220 Camp Road (SBL #s: 182.00-2-37.121 and 182.07-1-1.11) ]
REQUESTING A PLANNING BOARD APPROVAL. SO OUR AGENDA SAYS TREE CLEARING PERMIT IN CONNECTION WITH A DRAINAGE PROJECT TO BE LOCATED AT 5220 CAMP ROAD. BUT THERE'S SOME HISTORY HERE. THERE IS? YES. AND I'M GOING TO ASK YOU TO GRAB THAT MIC SO WE CAN HEAR YOU, BECAUSE I WANT EVERYBODY TO HEAR THE HISTORY, BECAUSE THIS ISN'T ABOUT BUILDING A PROJECT. THIS IS ABOUT A DRAINAGE PROJECT. YES. CAN YOU HEAR? CAN YOU HEAR ME? OKAY.YES, YES. SO THERE IS. SO GOOD EVENING, MATTHEW OATES WITH BENDERSON DEVELOPMENT, WE ARE REQUESTING APPROVAL FOR A TREE CLEARING PERMIT OF APPROXIMATELY 30 ACRES. THAT
[01:50:05]
GOES WITH ABOUT A 50 ACRE OVERALL GRADING AND DRAINAGE PROJECT THAT IS AT THE CAMP ROAD THRUWAY INTERCHANGE. BENDERSON DEVELOPMENT IS OWNED THIS PROPERTY FOR APPROXIMATELY 20 YEARS, GOING BACK TO 2007 2008, THERE WAS A RETAIL PROJECT AT THIS PROPERTY. THE TOWN CONDUCTED A FULL SECRET REVIEW. THERE WAS A FULL ENVIRONMENTAL IMPACT STATEMENT THAT WAS DONE, WENT THROUGH THE ENTIRE PROCESS. THE SECRET WAS APPROVED. THEN THE RECESSION HAPPENED. THE PROJECT NEVER WENT FORWARD. SINCE THEN WE HAVE BEEN MARKETING THE PROPERTY. WE HAVEN'T HAD ANY ANY NEW PROJECTS COME FORWARD YET. HOWEVER, SINCE THAT TIME AND EARLIER THIS YEAR, THE TOWN RECEIVED COMPLAINTS IN REGARDS TO THE NEIGHBORHOOD THAT'S ON THE WEST SIDE OF THE PROPERTY, THAT THERE WERE DRAINAGE ISSUES OCCURRING, THEIR BACKYARDS WERE STARTING TO FLOOD, THEY WERE SEEING STANDING WATER, AND THERE WAS A LOT OF ISSUES GOING ON. AND AND OF COURSE, THE POINTER DOESN'T ACTUALLY WORK ON THE SCREEN, BUT BASICALLY WHERE THE THREE RED ARROWS ARE, THERE'S A DRAINAGE DITCH THAT HEADS NORTH ON SOME OF THE BENDERSON PROPERTY CONTINUES ON TO THE PROPERTY TO THE NORTH, AND THEN CONTINUES FURTHER NORTH. SO THE TOWN HAD BEEN OUT THERE, REVIEWED IT. THERE WASN'T A LOT THAT COULD BE DONE.I BELIEVE CAMMY HAS BEEN ON THE SITE OR WAS IT THE HIGHWAY DEPARTMENT? SO CAMMY WAS ALSO ON SITE. THERE WASN'T A TON THAT COULD SPECIFICALLY BE DONE WITH WHAT WAS THERE TO IMPROVE THE DRAINAGE. SO WHAT BENDERSON LOOKED AT DOING IS AS WHAT COULD WE DO TO TRY TO IMPROVE THE OVERALL GRADING AND DRAINAGE OF THIS AREA, KNOWING THAT WE PREVIOUSLY HAD A PROJECT APPROVED? WE'RE STILL MARKETING THIS AS COMMERCIALLY ZONED, SO TO LOOK AT GRADING AND DRAINAGE, AND THEN OVERALL THE MARKETABILITY OF THE PROPERTY. WHAT WE CAME UP WITH IN REGARDS TO HOW THE DRAINAGE WORKS, IT'S ALL OVERLAND FLOW. SO THERE IS APPROXIMATELY 50 ACRES OF THIS PROPERTY THAT FLOWS IN THE DIRECTION OF THE ARROWS HEADING TOWARDS THE RESIDENTIAL NEIGHBORHOOD. JOSH, IF YOU GO TO THE NEXT SLIDE, WHAT YOU CAN SEE ACTUALLY GO ONE MORE SLIDE. I PROBABLY HAVE THESE TWO OUT OF ORDER. SO THIS IS THE DRAINAGE ON THE PROPERTY THAT GOES TO THE RESIDENTIAL NEIGHBORHOOD BEHIND US. AND THE DRAINAGE DITCH. WHAT OUR PROJECT WOULD PROPOSE TO DO IS TAKE EVERYTHING THAT IS IN THE GREEN, REGRADE IT, PUT IT IN AN ENCLOSED WITH A SWALE AND AN ENCLOSED DRAINAGE SYSTEM ON OUR PROPERTY. PUT IN A NEW DETENTION POND ON THE NORTHEAST CORNER OF THE SITE AND REROUTE THE DRAINAGE FROM THAT AREA AWAY FROM THE RESIDENTS. IF YOU GO BACK TO THE OTHER SIDE, CARMINA WOOD DID AN OVERALL SWEEP, PROVIDED THAT TO THE TOWN. WITH THE DRAINAGE ANALYSIS, WHAT IT SHOWS IS BASED ON THE STORM EVENT, WE'RE REDUCING THE OVERALL AMOUNT OF WATER GOING TO THAT RESIDENTIAL PROPERTY BETWEEN 60 TO 70%. SO WHAT WE'RE DOING IS YOU CAN SEE TO THE CREEKSIDE DRIVE RESIDENCE, WE'RE TAKING THE AMOUNT OF VOLUME THAT GOES CURRENTLY DURING THE 100 YEAR STORM, AND WE'RE REDUCING IT TO BELOW WHAT THE TEN YEAR STORM WOULD BE. SO WE'RE TAKING A SIGNIFICANT AMOUNT OF WATER AWAY FROM THAT NEIGHBORHOOD. SO THERE'S ABOUT 20 ACRES OUT THERE THAT'S CURRENTLY GRASS AND PAVEMENT THAT WE WOULD REMOVE. AND THEN THERE'S ABOUT 30 ACRES OF TREES THAT WE'D ALSO REMOVE. EVERYTHING WOULD GET REGRADED TO A SWALE IN THE MIDDLE. WE'D HAVE A DRAIN, A RUN, A DRAINAGE IN THERE. THAT DETENTION POND WOULD KEEP IT GRASS MOWED, MAINTAINING THE FUTURE GOING FORWARD. AND THEN HOPEFULLY WE'LL BE BACK IN FRONT OF THE BOARD SOON FOR A COMMERCIAL PROJECT AS WELL. AND THEN IF YOU DO GO BACK TO THAT OTHER SLIDE, THE SECTION IN RED, WE ARE NOT DOING ANY GRADING OR DRAINAGE WORK THERE. DURING THE PREVIOUS APPROVALS IN 2009, PART OF WHAT WAS REQUIRED WAS 150 FOOT BUFFER FOR THIS PROPERTY FROM THE RESIDENTIAL NEIGHBORHOOD. SO AS PART OF THIS PROJECT, WE'RE FULLY MAINTAINING THAT BUFFER. WE'RE THEN ALSO INSTALLING THE BERM THAT WAS REQUIRED AS WELL. SO WE'RE PUTTING IN THAT BUFFERING AS WELL. SO THAT'S OVERALL WHAT WE ARE PROPOSING TO DO. LOOKING TO IMPROVE THE DRAINAGE FOR THE RESIDENTS, CREATE A BETTER MARKETING SITE IN THE PROCESS AS WELL. AND HAPPY TO ANSWER ANY QUESTIONS. WE HAVE MET WITH CAMMY ON THIS A COUPLE DIFFERENT TIMES. KIND OF RUN THROUGH THE DESIGN WITH HER AS WELL TO GET THE TOWN'S INPUT ON THIS AS WE KIND OF WORK THROUGH THE OVERALL PROCESS. OKAY. THANK YOU. JOSH, BEFORE I GO TO CAMMY, DO YOU HAVE ANYTHING TO ADD? YEAH, I DO, MINE IS MORE ABOUT PROCESS. I THINK CAMI'S MIGHT FLOW BETTER IF SHE SPEAKS TO IT. AND THEN I'LL TALK ABOUT WHY IT'S EVEN BEFORE THE BOARD AND WHAT THE DIRECTION IS AFTER CAMMY SPEAKS. SO YOU WANT ME TO GO TO CAMMY? YES, PLEASE. GOOD EVENING. GOOD EVENING. WE HAVEN'T TALKED IN A WHILE. NO. HOW'VE YOU BEEN? I'M A LITTLE UNDER THE WEATHER. UNFORTUNATELY, I HALF THE BOARD IS, I GUESS, FOR I HOPE EVERYBODY STAYS AWAY FROM ME, THAT'S ALL. IT'S UNFORTUNATE THIS TIME OF YEAR. IF SOMEONE LIKE ANYWHERE NEAR IN THE BUILDING HAS A COLD. SOMEHOW I GET IT. WELL, WITH WHAT I GOT
[01:55:02]
GOING ON, I CAN'T AFFORD TO GET THAT. BUT. SO YOU'RE GOING TO TALK TO THE WHY IS THAT? OKAY.GO AHEAD. SO STARTING SO BACK EARLIER THIS YEAR. SO WHEN A DRAINAGE COMPLAINT COMES IN, IT COMES IN TYPICALLY EITHER TO THE ENGINEERING DEPARTMENT OR TO THE CODE ENFORCEMENT DEPARTMENT. OUR TWO DEPARTMENTS, WE TEND TO TAG TEAM THESE TYPES OF THINGS BECAUSE WE THINK IT MAKES THE MOST SENSE AS FAR AS ANY ACTION ENFORCEMENT VIOLATIONS, THINGS LIKE THAT.
SO WE STARTED RECEIVING CALLS FROM, I BELIEVE IT'S CREEKVIEW DRIVE IS THAT ADJACENT STREET AND THE PROPERTIES THAT BACK UP TO THE BENDERSON PROPERTY. SO WE ACTUALLY HAVE BEEN OUT THERE AT LEAST TWICE. I'VE BEEN OUT THERE WITH JEFF SCRIPT, OUR HEAD OF CODE ENFORCEMENT, AND A FEW OF OUR STAFF MEMBERS. WE'VE WALKED THIS SITE ALMOST IN ITS ENTIRETY, EXCEPT FOR THE WOODED AREA TO THE SOUTH. THAT'S NOT REALLY ACCESSIBLE. WE'VE ACTUALLY FOLLOWED ALL THE DRAINAGE ALONG THAT DITCH, ALL THE WAY THROUGH THE BUS GARAGE, ALL THE WAY UP TO SOUTHWESTERN, TRYING TO DETERMINE WHAT THE ISSUES WERE AND THE ISSUES THAT REALLY THE BENDERSON SITE HAS IS, AND YOU CAN SEE IT ACTUALLY PRETTY CLEARLY ON THE AERIAL. AT ONE POINT THERE WAS DEVELOPMENT THERE. AND ALTHOUGH THOSE BUILDINGS ARE GONE, THERE'S A LOT OF SURFACE AREA AND SUCH THAT IS STILL THERE. SO YOU WALK OVER ALL THIS OLD PAVEMENT, ALL THE THE OLD SORT OF LEFTOVERS OF THAT DEVELOPMENT THAT INCLUDES THEIR DRAINAGE SYSTEM. SO AT ONE POINT, THE DRAINAGE SYSTEM FOR THAT AREA WAS DESIGNED TO GO TO THAT BACK DITCH, RUN ALONG THERE AND HEAD OVER TO SOUTHWESTERN. I MEAN, YOU WALK THAT. NOW WE HAD TROUBLE JUST FINDING CATCH BASINS. SOME OF THEM HAVE PLANT LIFE THAT HAS TAKEN OVER AND GRADED THEM. WE KNEW THE SYSTEM WASN'T WORKING ANYMORE. SO YOU HAVE WHAT IS NOT REALLY A VACANT PROPERTY BECAUSE IT HAS ALL THOSE OLD PIECES OF DEVELOPMENT STILL THERE AND THE DRAINAGE SYSTEM THAT'S NOT WORKING. SO WE WENT TO BENDERSON SAYING, YOU KNOW, THERE ARE ISSUES AT YOUR SITE THAT ARE GOING TO NEED TO BE ADDRESSED. SO INSTEAD OF COMING TO US TRYING TO CLEAN OUT OLD CATCH BASINS OR MAKE SOME KIND OF MINOR REPAIRS THAT WOULD BARELY ADDRESS THIS, BENDERSON IS PROPOSING SORT OF MORE OF A CLEAN SLATE. THEY WANT TO DO GRADING AND DRAINAGE. THEY BASICALLY WANT TO PUT IN A STORMWATER MANAGEMENT SYSTEM WITHOUT ANY APPROVED PROJECT OR EVEN PROPOSED PROJECT AT THIS TIME. SO THEY WANT TO PULL A LOT OF THAT. SO I DON'T LIKE DEPENDING ON A REAR YARD DITCH THAT NOBODY CHECKS ON, NOBODY MAINTAINS FOR SO, SO MUCH DRAINAGE IN THIS AREA. AND TO REALLY PROTECT THESE RESIDENTS, I, I MUCH PREFER THE IDEA OF PULLING THAT DRAINAGE AWAY AND GOING TOWARDS CAMP ROAD AND THE LARGER DRAINAGE SYSTEM THAT THERE IS ALONG THERE. SO THEY CAME TO US FIRST TO GO OVER THE PROJECT AND HOW THEY WOULD DESIGN IT, HOW THEY WOULD GRADE IT. THEY WOULD BUILD A STORMWATER POND, EVEN THOUGH THAT WOULDN'T BE REQUIRED FOR A VACANT PROPERTY RIGHT NOW. THEY WOULD DO A STORMWATER PLAN, THEY WOULD GET A STATE PERMIT, THEY WOULD CONDUCT ALL THE DESIGN THAT IS REQUIRED ASSOCIATED WITH THAT. SO WE REALLY APPRECIATED THEIR EFFORT, AND WE FELT THAT THIS WAS SOMETHING WE WOULD SUPPORT COMING TO THIS BOARD TO UNDER COURSE TREE CLEARING, BECAUSE THAT IS THE REQUIREMENT OF THE TOWN CODE, BUT WE THINK IT WOULD SHOW A VERY BIG IMPROVEMENT TO THE DRAINAGE ALONG THIS AREA AND PROTECT THOSE RESIDENTS IN THE LONG RUN.
CAN I ASK HER A QUESTION? SO CAN WE HAVE THE HAVE THE RESIDENT OR THE RESIDENTS AWARE THAT THIS PROJECT IS GOING ON? GENERALLY, WE HAVE TOLD THE RESIDENTS THAT WE WERE WORKING WITH BENDERSON FOR A SOLUTION. I HAVE NOT PRESENTED ANYONE WITH THIS AND NOBODY HAS COME IN TO LOOK AT ANY DRAFT. HAS BENDERSON. YES, WE REACHED OUT TO ONE OF THE RESIDENTS OUT THERE THAT WE HAD HAD PREVIOUS COMMUNICATIONS ABOUT GOING BACK TO. WHEN WE HAD INITIALLY GONE SECOND PROJECT. WE HAD INITIALLY PROPOSED ABOUT 3 OR 4 YEARS AGO TO LET THEM KNOW WHAT WE WERE PROPOSING. OKAY, SO AND THEY'RE GOING TO NOTIFY THE REST OF THEM, OR IS THERE HOW MANY HOUSES ARE WE TALKING THAT ARE HAVING THE FLOODING ISSUE? THE I BELIEVE AND CORRECT ME IF I'M WRONG, I WANT TO SAY LIKE 3 OR 4 HOUSES SPECIFICALLY REACHED OUT IN REGARDS TO THE FLOODING ISSUE, BUT THEY'RE THE ONES MORE ON THE NORTH SIDE. IT IMPACTS ALL THE RESIDENTS THAT ACTUALLY PHYSICALLY ABUT THE BENDERSON PROPERTY. BUT JUST AS YOU FOLLOW THE DRAINAGE PATTERN, THE FARTHER DOWN THAT DITCH THEY GET, THE MORE AND MORE THEY GET IMPACTED. I DON'T KNOW THAT YOU'RE REQUIRED TO NOTIFY THE RESIDENTS, BUT IT MIGHT BE SOMETHING THAT YOU MAY WANT TO CONSIDER, LIKE A LETTER OR SOMETHING GOING OUT TO NOTIFY THAT THE STEPS THAT YOU'RE PLANNING ON TAKING AND JUST TO HELP, BECAUSE WE HEAR IT ALL THE TIME THAT PEOPLE WANT TO KNOW WHAT'S GOING ON, AND IT MIGHT BE TO YOUR BENEFIT TO LET THEM KNOW BEFORE THEY SEE A TRUCK. AND THEN WE'RE GOING TO SEE IT ON FACEBOOK THAT THE PLANNING BOARD APPROVED ANOTHER CAR WASH. AND I'M BEING FUNNY. UNDERSTOOD. AND SO IT MIGHT BE A PRO. I MEAN, YOU'RE BEING SO
[02:00:03]
PROACTIVE THAT IT MIGHT BE TO YOUR BENEFIT TO, TO DO THAT. AND IT, YOU KNOW, IT JUST MAKES GOOD RELATIONSHIPS WITH NEIGHBORS. AND THAT'S WHAT WE, WE STRIVE TO DO. LIKE MY, MYSELF SPECIFICALLY, MY BOSS DOES, WE, WE STRIVE, WE WANT TO BE GOOD NEIGHBORS AS WELL. BUT I DEFINITELY UNDERSTAND THAT ONCE WE'RE CLEARING IT ALL, WE'RE NOT ACTUALLY BUILDING ANYTHING ELSE RIGHT NOW. YOU KNOW, THE PHONES ARE GOING TO RING IF NOBODY KNOWS WHAT'S GOING ON. SO THAT'S THAT. THAT WOULD BE MY ONLY THAT WAS MY ONE QUESTION. WE RECEIVED SOME.IS ANYBODY FROM THE CAB HERE TONIGHT? LEONA'S I CAN'T SEE HER. I'M RIGHT HERE. WELL YOU'RE HIDING. YOU'RE IN HER BLIND SPOT, RIGHT? YOU'RE RIGHT BEHIND THE PODIUM. SO YOU THE CAB WANTED TO DO. LEONA, DO YOU WANT TO COME ON UP, PLEASE? WE HAVE THIS SAID THAT WE WANTED TO DO ANYTHING, AND I DON'T THINK I RECEIVED A. BEFORE YOU START TALKING SO WE CAN GET YOU ON THE MIC. SO I WAS COPIED ON SOME CORRESPONDENCE AND THAT'S WHAT I'M ASKING. DID YOU WAS THERE SOMETHING THAT THE CAB HAD CONCERNS ABOUT THAT WE WANTED TO INCLUDE YOU IN THIS PROJECT? I THINK, I THINK I THINK I CAN SPEAK TO THAT POINT. SO WHY THIS IS EVEN BEFORE YOU IS CHAPTER 243 OF THE TREE MANAGEMENT LAW, WHICH IS IN TOWN CODE CHAPTER 243, SPECIFICALLY 233243-4 TALKS ABOUT ANYTHING THAT NEEDS CLEAR CUTTING REQUIRES A TREE CLEARING PERMIT OF OF A CERTAIN ACREAGE. THIS IS 30 ACRES. SO THIS ONE CLEARLY QUANTIFIES THAT. NORMALLY A LOT OF TREE CLEARING GOES BEFORE THE CODE ENFORCEMENT DEPARTMENT, WHICH IS USUALLY THE ACTING AUTHORITY THAT GRANTS A PERMIT. BECAUSE THIS IS CLEAR CUTTING IN 243-6, THE PLANNING BOARD IS ACTUALLY THE ENTITY WHICH WOULD APPROVE THE ACTUAL TREE CLEARING PERMIT BECAUSE IT INVOLVES CLEAR CUTTING. ONE OF THE OTHER REASONS WHY THIS IS BEFORE YOU IS 2436 SAYS THAT BECAUSE IT INVOLVES CLEAR CUTTING AND BECAUSE THE PLANNING BOARD IS THE ACTING ENTITY, IT SAYS SHALL. SO YOU MUST REFER TO THE CONSERVATION ADVISORY BOARD FOR A RECOMMENDATION. THE REASON YOU GOT SOME OF THE CORRESPONDENCE IS AS A PRECURSOR. I REACHED OUT TO THE CAB JUST AS A HEADS UP, BECAUSE TREE CLEARING OF 30 ACRES IS A LOT OF AREA THAT THEY SHOULD BE PREPARED THAT THE PLANNING BOARD WOULD MAKE A REQUEST AT THIS MEETING FOR THEM TO DO A REVIEW. I HAD SOME CORRESPONDENCE WITH LEONA. I HAVE SOME DOCUMENTATION THAT I CAN GIVE TO HER. SO THAT'S WHY THE CAB WAS REACHING OUT ABOUT INQUIRING ABOUT TALKING ABOUT SOME OF THE ISSUES, BECAUSE THEY'RE REQUIRED TO BE A PART OF THIS PROCESS TO GIVE THIS BOARD A RECOMMENDATION, BUT IT'S THIS BOARD'S DISCRETION TO APPROVE OR DENY A TREE CLEARING PERMIT. SO BASED ON THAT CONVERSATION, THANK YOU FOR THAT. SO BASED ON THE CONVERSATION THAT WE'VE HAD SO FAR, DO YOU FEEL THAT THERE'S ANY ADDITIONAL INFORMATION THAT WE'RE OVERLOOKING AT THIS POINT? WELL, I HAVEN'T SEEN EVERYTHING YET, SO I CAN'T REALLY ANSWER THAT. OKAY. I DON'T KNOW. I HAVEN'T SEEN EVERYTHING. WE HAVEN'T WALKED THE SITE. I HAVEN'T RECEIVED THE BIG MAPS YET. SO I CAN'T REALLY COMMENT.
THAT'S IT. OKAY. ALL. I GUESS ONE THING I HANG ON ONE SECOND. SO IS THAT THE ONLY THING LEFT THAT YOU NEEDED WAS THE WHERE THE BIG MAPS THEN SO FAR. OKAY. OKAY. SO AND YOU'LL BE IN TOUCH WITH JOSH ON THAT? YES. OKAY. OKAY. ALL RIGHT. I'M SORRY. GO AHEAD. MEMBERS. MEMBER. SHIMURA.
I GUESS I'M JUST WONDERING, LIKE 30 ACRES IS A REALLY BIG NUMBER FOR TREE CLEARING. IS THERE A GRAPHIC DEPICTING EXACTLY. OR IS THAT EVERYTHING WITHIN THOSE RED BOUNDARIES THAT YOU'RE SOWING? 30 ACRES IS A LOT OF TREES. NO, SHE'S ASKING HIM. NO I'M NOT. 30 ACRES IS A LOT OF TREES. AND SINCE WE PLANT TREES AND WE TRY TO PLANT TREES, AND THAT'S ONE OF OUR BIG THINGS, AND WE CARE ABOUT TREES. 30 ACRES IS A LOT TO LOSE, RIGHT, LEONA? I KNOW I WAS ASKING THE QUESTION OF BENDERSON TO JUST GET A DEPICTION OF EXACTLY WHERE THAT IS GOING TO HAPPEN. SO EVERYTHING IN RED AND THEN TO THE LOWER LEFT OF THE RED WILL NOT BE TOUCHED. SO EVERYTHING IN THE GREEN AND THEN THE WHITE WOULD BE PART OF THIS PROJECT.
IF YOU GO ACTUALLY TO THE LAST SLIDE THOUGH, JUST SO THE BOARD GETS AN UNDERSTANDING, THIS IS WHAT WAS LOOKED AT IN 2007 2008 BY THE TOWN WHEN THE FEIS WAS DONE. SO EVERYTHING WE'RE PROPOSING AS PART OF WHAT WE WOULD GRADE AND CLEAR, IS CONSISTENT WITH WHAT WE HAD PREVIOUSLY SHOWN AS BEING PART OF A DEVELOPMENT PROJECT. I KNOW THERE'S NOTHING CURRENTLY APPROVED, NOTHING IN FRONT OF THE BOARD FOR DEVELOPMENT PROJECT, BUT JUST LETTING THE BOARD KNOW THAT THERE WAS LIKE A FULL FEIS LIKE ENVIRONMENTAL IMPACT STATEMENT DONE COVERING
[02:05:03]
IT. AND WE'RE NOT TRYING TO GO PAST ANYTHING THAT WAS PREVIOUSLY LOOKED AT BY, I BELIEVE IT WAS THE PLANNING BOARD AND THE TOWN BOARD. AND WE'RE NOT LOOKING AT DOING. ALL THAT'S SHOWN HERE IS DEVELOPMENT EITHER. WE'VE PULLED IT BACK IN THE SOUTHWEST CORNER AS WELL. IS THERE ANY PRECEDENT FOR. YOU KNOW, LIKE WITH WETLANDS, YOU LIKE KIND OF BY SOME SORT OF TAX CREDIT OR NOT TAX CREDIT, BUT LIKE THERE'S LIKE A WAY IN WHICH IF YOU'RE LIKE CLEARING SO MANY TREES, I KNOW THERE'S NOT A PLACE TO PLANT THIS MANY TREES, BUT IS THERE ANOTHER AVENUE IN WHICH OF LIKE GIVING BACK IS THERE THAT HAS ANY PRECEDENT WHATSOEVER? SO IN THE IN THE TREE MANAGEMENT LAW, THERE'S A SET OF CRITERIA FOR WHAT THIS BOARD HAS TO REVIEW THE TREE CLEARING PERMIT UNDER. AND ONE OF THE STIPULATIONS IN THAT TREE MANAGEMENT LAW IS THAT IT GIVES THE BOARD THE DISCRETION TO APPLY CONDITIONS SIMILAR TO WHAT WE WOULD DO WITH A SITE PLAN APPROVAL, SPECIAL USE PERMIT SUBDIVISION. SO YOU CAN ENACT CONDITIONS OF, YOU KNOW, MAYBE 30 ACRES IN YOUR OPINION, IS TOO MUCH. YOU KNOW, YOU CAN ASK BENDERSON, YOU KNOW, IS THERE ANY WAY THAT THEY CAN REDUCE THAT, YOU KNOW, ANY WAY YOU CAN ASK FOR A PLANTING, YOU KNOW, SOMEWHERE ELSE ON THE PROPERTY, YOU KNOW, IF THAT MAKES SENSE FROM A FINANCIAL COMPONENT, THERE'S NOTHING IN THE LAW THAT SPEAKS TO THAT ABOUT, YOU KNOW, ASKING, YOU KNOW, TO, YOU KNOW, HAVE ANY KIND OF INCENTIVE ANYWHERE ELSE.BUT YOU CAN CERTAINLY ASK FOR CONDITIONS. YOU CAN CERTAINLY ASK FOR THEM TO CONTINUE TO TAKE A LOOK AT, YOU KNOW, CURRENT GRADING AND CLEARING PLAN AND ASK FOR ANY REDUCTIONS OR ANY MITIGATIONS THAT IS PART OF YOUR YOUR CRITERIA FOR ISSUING A TREE CLEARING PERMIT.
AND THEN JUST TO FURTHER SPEAK TO THAT, THE PREVIOUS BOARD DID PUSH FOR THAT. AND THAT'S WHERE THE 150 FOOT BUFFER CAME FROM TO THE RESIDENTIAL. SO THAT'S NOT A REQUIREMENT OF THE CODE.
THAT WAS A SIGNIFICANTLY BIGGER BUFFER THAT THEN WAS PLACED ON THIS PROPERTY THAT WE'VE AGREED TO AND ARE KEEPING AS PART OF JUST THE DEVELOPMENT. IT IS A LITTLE DIFFICULT BECAUSE TYPICALLY YOU WOULD BE LOOKING AT, OKAY, WE'RE DOING THIS PROJECT, AND THEN AS PART OF IT, THERE'D BE A LANDSCAPING PLAN ASSOCIATED WITH IT. SO YOU COULD THEN SEE THE LANDSCAPING THAT WOULD BE GOING BACK IN WITH THE PROJECT. RIGHT NOW, I DON'T HAVE A PROJECT SPECIFICALLY IN FRONT OF YOU TO THEN BE ABLE TO PRESENT THAT LANDSCAPING PLAN, RIGHT? I THINK IT IS IMPORTANT TO ALSO HIGHLIGHT THAT WHEN IT RELATES TO THE TREE CLEARING, THAT THERE WAS THE 2009 PLAN, THERE OBVIOUSLY WAS ANOTHER ONE. THERE WAS A HAMBURG CROSSINGS, YOU KNOW, WAREHOUSE PROJECT THAT WAS ALSO PROPOSED. HAD ANY OF THOSE, YOU KNOW, GOTTEN APPROVAL AND MOVED FORWARD. IF YOU THINK ABOUT IT, TO DO THE DEVELOPMENT OF THOSE PROJECTS, TREES WOULD COME DOWN. AND I GET THAT IS DIFFERENT, THAT THERE'S NO CURRENT DEVELOPMENT RIGHT NOW IN 30 ACRES IS CERTAINLY SUBSTANTIAL. BUT I THINK WITH THAT MINDSET OF THAT, IF THIS WAS A REGULAR SITE PLAN APPROVAL REQUEST AND THIS BOARD APPROVED IT FOR THIS, YOU KNOW, ESPECIALLY WHAT WAS IN THE EIS, THOSE SAME TREES WOULD BE COMING DOWN IF THERE WAS A DEVELOPMENT, RIGHT? BECAUSE THERE WOULD ACTUALLY BE FORWARD MOVEMENT IN DEVELOPMENT, IF THAT'S CORRECT. BUT I AM NOT COMFORTABLE CLEARING 30 ACRES OF TREES AND THEN LETTING IT SIT, AND ALSO RECOGNIZING THAT THERE ARE PROPERTIES THROUGHOUT HAMBURG THAT BENDERSON OWNS THAT JUST SIT. BUT IT'S ALSO IT'S WELL, I WOULD LIKE NOT TRYING TO GET TOO FAR OFF THIS SPECIFIC. WE DID HAVE ANOTHER PROJECT IN 2022 THAT WE SUBMITTED THAT HAS BEEN PULLED THAT THE TOWN CHANGED THE ZONING ON THIS PROPERTY, WHICH MADE THAT PROJECT NOT SOMETHING THAT WAS PERMITTED BY ZONING. AND SINCE THEN, WE HAVE NOT BEEN ABLE TO FIND A PROJECT THAT ACTUALLY EVEN FITS WITHIN THE ZONING THAT THE TOWN CURRENTLY HAS ON THE PROPERTY.
BUT WE DON'T WANT THIS PROPERTY TO JUST SIT THERE. WE HAVE REACHED OUT TO THE TOWN. WE ARE TRYING TO MOVE FORWARD WITH DISCUSSIONS WITH THE TOWN BECAUSE IT'S A IT'S A SIGNIFICANT PIECE OF PROPERTY AND IT'S A DEVELOPMENT WE VERY MUCH WANT TO DO, BUT WE ALSO DON'T WANT TO NECESSARILY SIT HERE FOR ANOTHER YEAR OR TWO, THREE YEARS WHEN WE KNOW THERE'S SOMETHING WE COULD DO THAT COULD ALSO MAKE AN IMPROVEMENT FOR THE RESIDENTS AS WELL NEXT TO US. SO THAT'S, THAT WAS REALLY WE HAD NO PLANS AT ALL TO DO ANYTHING HERE UNTIL WE GOT THE COMPLAINTS FROM THE RESIDENTS. AND AS WE LOOKED AT IT, THIS IS WHAT WE CAME UP WITH. AND LIKE, IT'S NOT EVEN LIKE, HEY, WE CAN GO OUT HERE AND JUST LIKE CUT DOWN TREES, LIKE THERE'S GOING TO BE LIKE A SIGNIFICANT INVESTMENT BY OUR COMPANY TO DO THIS, TO MAKE THIS BETTER. AND WE'RE NOT GETTING, I MEAN, WE'RE GETTING A MARKETABLE LAND, BUT WE'RE NOT GETTING ANY SQUARE FOOTAGE. THERE'S NO TENANT, THERE'S NO RENT. WE'RE KIND OF TAKING A LITTLE BIT OF A, OF A LEAP TO, TO HELP THE RESIDENTS AND WITH THE HOPE THAT WE DO THIS. AND THEN ANOTHER PROJECT IS ABLE TO MATERIALIZE, AND WE CAN THEN TAKE ADVANTAGE OF THIS AS WELL.
AND THEN AT THAT TIME, WE WOULD HAVE A LANDSCAPING PLAN AS PART OF IT. I JUST I UNDERSTAND THAT DIFFICULTY AND NOT RIGHT. I KNOW, I MEAN, I UNDERSTAND, YOU KNOW, THE GOOD FAITH AND THE UPFRONT INVESTMENT THAT THAT BENDERSON IS MAKING IN ADDRESSING THE DRAINAGE, THE
[02:10:03]
DRAINAGE ISSUES. IF IT CAME AT LIKE FIVE ACRES OF CLEARING THAT IS MORE PALATABLE WITH, YOU KNOW, MAKING THAT INVESTMENT WITH THEN ALSO IMPROVING THE DRAINAGE. I DON'T WANT TO DISCOUNT THE NEED TO IMPROVE THE DRAINAGE. I AM JUST ASKING IF THERE'S AN ALTERNATIVE OR A REDUCTION OF CLEARING AND GRADING THAT CAN BE CONSIDERED TO ACHIEVE BOTH DRAINAGE IMPROVEMENTS. MAYBE WE DON'T NEED A STORMWATER RETENTION POND AND EVERYTHING AT THIS TIME, AND THAT DRAINAGE IS IS ADDRESSED. BUT THE 30 ACRES OF TREE CLEARING FOR DRAINAGE ALONG A PROPERTY LINE SEEMS TO BE LIKE, IT JUST DOESN'T SEEM LIKE A BALANCED EFFORT. THE ISSUE, IF YOU GO BACK TO THE OTHER PLAN WITH THE GREEN AND THE RED, IS THAT'S WHAT DRAINS TO THE RESIDENTIAL. AND IT'S BASICALLY THE MAJORITY OF THE TREE. SO IF WE DIDN'T TOUCH THE TREES, WE'RE NOT REALLY GOING TO BE ABLE TO MAKE MUCH OF AN IMPROVEMENT TO THE DRAINAGE SITUATION. SO IT'S REALLY IT'S GETTING THAT SECTION THERE BECAUSE ALL OF THAT GOES TO THE NORTHWEST, LIKE THAT ENTIRE SECTION, ALL SHEET FLOWS IN THAT THAT DIRECTION THERE. SO IT'S NOT LIKE WE'RE TAKING REALLY TREES THAT AREN'T GOING TO THE RESIDENTS AND TAKING THEM AND TAKING THEM DOWN AS WELL. IT REALLY IS THAT SECTION TO THE SOUTH THAT ALL THEN DRAINS TO THE RESIDENTIAL PROPERTY. IF I CAN, I'D LIKE TO INTERCEPT HERE FOR A SECOND ONE. TO JOSH'S POINT, AND BECAUSE I WAS ON THE BOARD WHEN THIS CAME IN FRONT OF US, AND THEN THE THEY WERE THEY DID HAVE A PROJECT IN FRONT OF US IN. 22 AND THE ZONING WAS CHANGED, AND THAT. BUT THE 150FT, 150 FOOT BUFFER HAS STAYED THROUGHOUT. AND I'M NOT TOO SURE THAT WE DIDN'T HAVE SOMETHING TO DO WITH THAT 150 FOOT. BUT EVEN GOING BACK TO 2009, YEAH, IT WAS PART OF THERE BECAUSE OF THE RESIDENTS. YES. NUMBER ONE, NUMBER TWO, SOMEBODY COULD COME IN TOMORROW AND BUY IT AND THOSE TREES ARE GOING TO GO AND WE'RE NOT GOING TO STOP IT, AND WE'RE NOT GOING TO HAVE ANY CONTROL OVER THE FLOODING. SO NUMBER THREE, I UNDERSTAND THAT THERE'S A LOT OF ASPHALT AND MATERIAL ON THIS PROPERTY THAT NEED TO GET REMOVED. AND IN ORDER TO REMOVE THAT, BECAUSE I WOULD LIKE TO GO WALK THE PROPERTY IF I CAN, TO GET AN IDEA. BUT WHAT I'M THINKING, BECAUSE I'M FAMILIAR WITH THE SITE FROM BEFORE, IS THAT IT'S A PRETTY ROUGH PIECE OF GROUND AND NUMBER. I WAS ON NUMBER FOUR ABOUT THE ASPHALT AND THE TREES GROWING, BUT NUMBER FIVE, THOSE TREES WEREN'T THERE. THOSE TREES HAVE ACCUMULATED FROM THIS, THIS LOT BEING VACANT. CORRECT. THIS WAS NOT PLANTED. THIS WAS NOT AM I CORRECT IN STATING THAT? I MEAN, THEY'RE SO THEY'RE GOING BACK TO 2005. THERE WERE TREES THERE, BUT IT'S NOW BEEN AN ADDITIONAL 21 YEARS. THAT'S WHAT I'M SAYING. YOU DIDN'T GO IN AND PLANT THESE TREES. CORRECT. NOTHING HAS BEEN PLANTED. THEY WERE THERE. AND NOW THEY'VE THEY'VE GROWN ANOTHER 21 YEARS BY THE PROPERTY HAS SAT. AND THAT'S MY POINT. THAT'S WHAT I'M TRYING TO BRING HOME. SO THIS ISN'T SOMETHING WHERE YOU WENT IN AND PLANTED THEM. AND NOW YOU'RE GOING TO GO AND RIP IT UP. AND IF IT SELLS TOMORROW, THOSE TREES ARE GONE AS A PROJECT. HANG ON, HANG ON S HANG ON. SO I JUST WANT TO BRING THOSE POINTS HOME IN THAT.AND THE OTHER THING IS THE 150 FOOT BUFFER, WHICH I THOUGHT THAT THAT WAS A BIG THING AND THAT STAYING. SO WHEN YOU'RE LOOKING AT THIS, THE RED IS THAT THE 150 FOOT BUFFER.
CORRECT. THE RED IS 150 FOOT. NOW WE'RE NOT TOUCHING THE BUFFER AND TAKING OUT TREES.
HOWEVER, IN THE NORTHWEST SECTION OF THAT BUFFER, THERE IS PAVEMENT IN THERE AS WELL.
WE WILL BE REMOVING THAT AND RETURNING THAT TO GRASS THEN. SO THAT HARDSCAPE WILL ALSO BE COMING OUT OF THE BUFFER AS PART OF THIS. SO WE'RE TOUCHING IT BECAUSE LIKE IF YOU DIDN'T TOUCH IT, YOU WOULD HIT THE BUFFER AND THEN YOU'D HAVE JUST A SECTION OF OLD ASPHALT STILL SITTING THERE. SO WE WANTED TO AT LEAST CLEAN THAT UP AS WELL. BUT NO TREES. AND NONE OF THAT'S COMING OUT OF THE BUFFER. THAT'S ALL STAYING. AND AS PART OF IT, WE WOULD RUN THE CONSTRUCTION FENCE ALONG THERE BEFORE ANYTHING IS TOUCHED AND HAVE THE TOWN. I'M ASSUMING CAMI WOULD WANT TO WALK IT OR JOSH WOULD WALK IT. BEFORE WE TOUCH ANYTHING, MAKE SURE WE'RE ALL IN AGREEMENT. WE HAVE THAT LIKE DEFINED LINE SET, SO THERE'S NO MISTAKES OR ANYTHING THAT HAPPENS TO, OKAY, DID YOU HAVE ANYTHING ELSE? I'M GOING TO PLAY THE REALLY ANNOYING BOSS MOVE. I DON'T LIKE THE OPTION. YOU GOT TO COME UP WITH ANOTHER OPTION. THE AMOUNT OF TREE CLEARING FOR NOT HAVING DEVELOPMENT JUST DOES NOT SIT WELL WITH ME. AND I UNDERSTAND
[02:15:01]
THAT'S A PERSONAL OPINION AND POSITION, BUT THAT'S HOW I FEEL AT THIS POINT. SO TO TO THAT STANDPOINT, WE COULD HAVE DESIGNED SOMETHING THAT FIT THE ZONING. COME IN, GOT AN APPROVAL, CLEAR CUT IT. AND THEN WE DON'T HAVE ANY PROJECT THERE. THAT'S NOT HOW BENDERSON DOES BUSINESS. SO WE WANT TO BE UP FRONT. THIS IS THIS IS WHAT WE'RE TRYING TO DO. THE WHOLE PROPERTY IS ZONED COMMERCIAL. THE PROPERTY IS ALLOWED TO BE DEVELOPED. WE'RE NOT TRYING TO DO ANYTHING THAT'S NOT ALLOWED BY THE CODE. WE'RE JUST TRYING TO DO THE FIRST CALL IT 1,015%.KEEP IN MIND THE WORK WE'RE DOING. WE'RE ALSO GOING TO HAVE TO REDO THAT WHEN WE DO A DEVELOPMENT, BECAUSE THE WAY WE'RE ACTUALLY GRADING IT DOWN TO THE CATCH BASINS ISN'T GOING TO IT'S NOT FINISHED GRADE, IT'S JUST SWELLING. IT'S. SO WE'RE KNOWINGLY SPENDING MORE MONEY TO FIX THE DRAINAGE ISSUE, KNOWING WE'RE JUST GOING TO BE RERATING IT AGAIN IN THE FUTURE WHEN WE GET A PROJECT AS WELL. I WOULD LIKE TO ADD THAT NUMBER, THAT PROJECT, WHEN THERE WAS A PROJECT THERE, IT WAS A HOTEL. TWO MOVIE THEATERS, A COUPLE OF BUSINESSES WERE THERE. I MEAN, THAT WAS A MAMMOTH PROJECT WHEN I FIRST MOVED HERE 35 YEARS AGO. SO PROBABLY UNDER ALL THAT GROUND, YOU STILL HAVE A BIG PARKING LOT BECAUSE IT ACCOMMODATED THE MOVIE THEATER, IT ACCOMMODATED THE HOTEL AND WHATEVER BUSINESSES WERE THERE. THAT WAS A PRETTY BIG PARKING LOT THAT PROBABLY STILL BURIED IN THAT GROUND, ALONG WITH THE REMAINS OF WHATEVER BUILDINGS WERE TORN DOWN. AND I'M SURE THERE'S PROBABLY BASEMENT STILL IN THAT IN THAT GROUND BURIED, THAT WHATEVER BUSINESSES WERE THERE ALSO HAD BASEMENTS AND THEY MIGHT HAVE GOT FILLED. BUT THE CONCRETE WALL IS STILL THERE. SO THAT WAS A BIG PROJECT. WHEN I FIRST MOVED HERE. THERE WAS A IT WAS QUITE A BIG ESTABLISHMENT. AND THE TREES OVER THE YEARS, MOTHER NATURE JUST PLANTED, GREW THEMSELVES. I MEAN, NOBODY ACTUALLY WENT THERE AND PLANTED ANYTHING. AND YES, TREES ARE GOOD AND TREES ALSO CAUSE A LOT OF PROBLEMS. I MEAN, WITH DRAINAGE, ESPECIALLY I, I EXPERIENCED THAT IN MY HOME, BUT THE CONCRETE WALLS BEING CRACKED BECAUSE OF TREES. SO THEY'RE GOOD AND THEY'RE BAD. THAT'S MY, MY, MY STATEMENT ON THAT PROPERTY. OKAY, YOU HAVE TO COME UP TO THE MICROPHONE SO THEY CAN HEAR YOU. PLEASE. OKAY.
WHEN WE WILL. THERE ARE SOME REALLY OLDER TREES, ESPECIALLY IF YOU DRIVE INTO WHERE THE HOTELS ARE AND GO STRAIGHT BACK, BUT WE'LL BE ABLE TO HOPEFULLY GIVE YOU SOME IDEA OF THE GROWTH OF THE TREES THAT ARE THERE AND EXACTLY WHERE THEY ARE. WHEN WE DO OUR SURVEY OF THE TREE AREA. SO WE'LL BE ABLE TO TELL YOU MORE. OKAY, WHAT'S GOING ON? ASPHALT AND WHAT IS IT? ALL RIGHT. THANK YOU. WHERE DO WE GO FROM HERE? THE LAST PIECE THAT I'LL MENTION IS FROM A SECRET PERSPECTIVE. YOU KNOW, THERE OBVIOUSLY THERE HAD BEEN EYES DONE ON THE DEVELOPMENT PREVIOUSLY. THE APPLICANT SUBMITTED A SHORT FORM EAF. IF POSSIBLE, I WOULD JUST ASK REQUEST IF YOU COULD JUST DO A FAAF FROM A SECRET PERSPECTIVE, BECAUSE IT IS PHYSICALLY DISTURBING MORE THAN TEN ACRES LIKE I WOULD CONSIDER IT TO BE A TYPE ONE ACTION, WHICH REQUIRES AN F, E, A F. WE'LL DO ALSO DO A COORDINATED REVIEW. YOU KNOW, THE AGENCIES THAT WILL, YOU KNOW, SEND IT TO WILL ONLY BE, YOU KNOW, DEC BECAUSE OBVIOUSLY THE ONLY PERMITTING AGENCY IS THE TOWN. BUT JUST FROM A SECRET PERSPECTIVE, JUST TO CROSS OUR T'S THAT OUR EYES, IF YOU CAN RESUBMIT JUST AN FEAF, WE WILL NEED A PERMIT FROM THE DEC THOUGH. OH, YOU NEED IT. OKAY, SO THEN THE STORMWATER PERMIT. SO THEN DOING THE COORDINATOR REVIEW WILL ALSO GET COMMENTS FROM DEC. THEY CAN COMMENT ON IT. AND THEN BECAUSE THE OTHER PIECE THAT I WANT TO STRESS, AND YOU CAN CERTAINLY TALK ABOUT THIS BECAUSE I KNOW JERRY, YOU JUST TALKED ABOUT, YOU KNOW, PUBLIC NOTICE BECAUSE THIS IS A TREE CLEARING PERMIT IN CHAPTER 243, TREE CLEARING PERMITS ARE NOT SUBJECT TO PUBLIC HEARINGS. THEY'RE NOT REQUIRED. SO WE WOULDN'T LIKE TABLE THIS FOR A PUBLIC HEARING. YOU CERTAINLY CAN REQUEST BENDERSON TO, YOU KNOW, REACH OUT. BUT THERE IS NO PUBLIC HEARING REQUIREMENT AS A RESULT. AND THAT'S WHY I WAS MAKING THE RECOMMENDATION EARLIER ABOUT REACHING OUT BECAUSE AS SOON AS THEY START, RIGHT, YOU KNOW, IT'S GOING TO BE CAR WASHES AND STORAGE UNITS AND WHATEVER ELSE WE'RE, YOU KNOW, AND THEN MY LAST RECOMMENDATION WOULD BE BECAUSE OF THE, THE 30 DAYS TO TABLE THIS PROJECT TO NOVEMBER 4TH. I AGREE WITH THAT. OKAY. OKAY. AND THEN WE'LL COME BACK. OKAY.
[02:20:02]
YEAH. OKAY. WITH THE NOVEMBER 4TH. OKAY. YEAH. I'LL HAVE TO LOOK, I WON'T, I PERSONALLY KNOW I CAN'T MAKE IT THAT MY WIFE'S HAVING SURGERY A COUPLE DAYS PRIOR. DO YOU WANT IT LATER THAN THAT? THEN WE'LL TALK. I'LL TALK TO JAMES TO MY BOSS AS WELL AND SEE IF HE'S AVAILABLE TO COME. MY OTHER QUESTION, THOUGH, YOU HAD MENTIONED WANTING TO DO A SITE WALK OUT THERE. DID WE WANT TO TRY TO COORDINATE THAT WITH JOSH AND CAMI? IF THE BOARD.AND SO THE CAB IS GOING TO WANT TO GO OUT AND WALK IT. BILL, COORDINATE WITH JOSH. THEY HAVE TO COORDINATE WITH JOSH. AND I WILL COORDINATE WITH JOSH AS WELL, BECAUSE USUALLY I TAKE, I CAN'T TAKE MORE THAN TWO MEMBERS WITH ME, BUT WE USUALLY I USUALLY BECAUSE THAT WOULD BE WELL, YOU KNOW, YOU KNOW, I, I TEND TO GET LOST. SO THEY. AND THE LAST PROJECT THEY COULDN'T FIND ME. SO THAT'S WHY I USUALLY TAKE TWO SIDEKICKS WITH ME. BUT ALL SERIOUSNESS, YOU CAN'T TAKE MORE THAN THREE. SO WE WILL COORDINATE WITH JOSH. EVERYTHING WILL GO THROUGH.
JOSH. OKAY. YEP. DID YOU WANT US THEN AT THAT SITE WALK TO WE CAN WALK. YES. OKAY. YEP. YEAH.
JUST THEN JUST LET US KNOW. YEAH, I'LL REACH OUT. YEP. ALL RIGHT. OKAY. JUST A COUPLE NOTES. LONG PANTS. GOOD PAIR OF SHOES. YEAH. AND IT DOES HELP TO HAVE SOMEONE A LITTLE FAMILIAR WITH THE SITE BECAUSE EVEN WE GOT SOMEWHAT TURNED AROUND IN VISITING. SEE? I COULD GET LOST. GUYS, THIS IS YOUR OPPORTUNITY. SO WE'RE ALL RIGHT, REMEMBER, RYAN. ALL RIGHT. HAVE A WONDERFUL EVENING. ALL RIGHT. YOU TOO. THANK YOU. GET OUT OF HERE. EARLY, EARLY.
OKAY. SO DID YOU HAVE ANYTHING ELSE TO OFFER TO THIS BESIDES THE PANTS, THE BOOTS AND THE.
THE GUARD DOG OR WHATEVER? NO, I THINK I COVERED EVERYTHING FROM THE ENGINEERING SIDE.
THERE IS A SWEEP IN THE SHAREPOINT IF YOU WANT TO LOOK AT THAT. I DO OFFER ALWAYS MY HELP WITH THAT ON THE TECHNICAL SIDE, BECAUSE OF COURSE, IT'S IT'S A COMPLICATED SUBJECT AND HAS TO MEET ALL THESE STATE REQUIREMENTS. SO IF YOU DO DECIDE TO LOOK AT THAT, YOU KNOW, PLEASE REACH OUT TO ME IF YOU HAVE ANY QUESTIONS, CONCERNS, COMMENTS, ANYTHING I CAN HELP WITH. OKAY. THANK YOU. ALL RIGHT. THANK YOU VERY MUCH. ALL RIGHT. WE DON'T HAVE ANY MINUTES TO READ FOR THE OR TO APPROVE FOR TONIGHT. AND I'M LOOKING FOR A MOTION. I MAKE A MOTION TO ADJOURN. I SECOND MEMBER RYAN SECONDS IT. IT'S BEEN MOVED IN SECOND. ARE THERE ALL THOSE IN FAV
* This transcript was compiled from uncorrected Closed Captioning.