Nov 18, 2020 Planning Board Meeting

WE WILL ADD THAT .

FINE.

THAT'S THE ONLY, UH, UM, AND I THINK THE OTHER THING I STOLE IS THE SEPARATION OF, UM, OF THE WORD, UH, ABOVE GROUND.

THAT'S TWO WORDS.

ANY OTHER COMMENTS ABOUT THE MINUTES? YES, WE HAVE THAT ON PAGE FOUR.

IF THERE ARE NO OTHER COMMENTS BY, UH, REGARDING THE MINUTES, I WANT ENTERTAIN A MOTION TO ACCEPT THE MINUTES AS CORRECTED.

WHO IS THE SECOND? TOM? OKAY, TOM.

UH, WHAT I PLAN TO DO IS I TAKE A VOTE.

WE JUST NEED TO VOTE.

OH, I'M SORRY.

ALL THOSE IN FAVOR? AYE.

SO ANY, UH, NO, THE MOTION IS CARRIED.

UH, I'M, I'M MAKING A CHANGE IN THE ORDER OF THE AGENDA.

UH, UH, SO WE'LL WAIT FOR CHAIRPERSON SIMON'S VIDEO TO GET BACK UP HEARINGS FIRST.

THE APPLICANT THAT, AND WE HAVE, UM, UH, UH, TWO MAJOR AFTERWARDS.

SO I WANTED GET, UH, A DISCUSSION ON STANDARD HOUSING.

SO JUST TO RESTATE THAT, UM, THE FINAL AGENDA DOES REFLECT THIS.

WE'RE GOING TO TAKE THE PUBLIC HEARINGS, UH, FIRST AND THEN TAKE THE WORK SESSION ITEMS FOLLOWING THE PUBLIC HEARING.

CHAIRPERSON.

SIMON.

DID I KNOW WE'RE HAVING A LOT OF PROBLEMS. YEAH, WE ARE BREAKING UP.

AARON.

WALTER, I THINK YOU'RE BREAKING.

I DON'T, I THINK YOU'RE THE ONE THAT'S BREAKING UP, ACTUALLY, NOT WHAT? NOT.

AARON, CAN YOU HEAR ME? YEAH, NOW WE CAN.

LEMME, LEMME JUST MAKE ONE ADJUSTMENT FOR THIS, UH, DRIVING.

[00:05:02]

GO TO MY HIGH SPEED INTERNET.

ALAN TOWN SHOULD PAY FOR THAT.

THE FIRST ITEM FOR PUBLIC HEARING IS CASE PB 20 DASH TWO.

BOOK OF TEMPLE, 1884 MILL RIVER ROAD.

DO WE HAVE A REPRESENTATIVE FOR THIS PPLICANT? YES.

YES, WE DO.

GOOD EVENING, MR. CHAIRMAN.

MEMBERS OF THE BOARD.

DAVID STEIN METZ FROM THE LAW FIRM OF ZA AND STEIN METZ.

TOGETHER WITH MY COLLEAGUE MAX MAHALICK HERE, UH, PLEASED TO BE REPRESENTING THE DEJA HINDU TEMPLE ALONG WITH US, UH, FROM OUR CLIENT GROUP ON DEON, AS WELL AS DEVON SHARMA.

UH, AS I THINK YOU ALL RECALL FROM OUR WORK SESSION PRESENTATION, UH, A COUPLE OF WEEKS BACK, WE ARE HERE WITH REGARD TO THE ADAPTIVE REUSE AND REPURPOSING OF A SOMEWHAT DILAPIDATED RESIDENTIAL STRUCTURE ON SAWMILL RIVER ROAD.

UM, AND INTRODUCING, UH, A WONDERFUL, UH, RELIGIOUS USE TO THE SITE.

WE WALKED YOU THROUGH THE SITE PLAN AND DISCUSSED SOME OF THE ISSUES RELATIVE TO THE SITE, THE D O T RIGHT OF WAY, ET CETERA.

LAST TIME, MAX, UH, ALONG WITH OUR PROJECT ARCHITECT, TOM ABMA, WHO'S ALSO ON WITH US THIS EVENING, UH, MAX WILL WALK US THROUGH THE SITE PLAN, AND THEN WE ARE, UH, HAPPY TO ANSWER ANY QUESTIONS THAT MIGHT ARISE.

I DO KNOW THAT THE TOWN ATTORNEY'S OFFICE ASKED US TO VERY BRIEFLY, UH, SPEAK TO THE ISSUE OF THE ENCY THAT IS, UH, AFFORDED RELIGIOUS USES.

WE WILL, UH, HAPPILY DO THAT.

AND THEN, AS I SAID, WE'RE HERE TO ANSWER ANY QUESTIONS AND WE LOOK FORWARD TO CONDUCTING AND CLOSING THE PUBLIC HEARING AND ALLOWING THE HINDU TEMPLE TO PROCEED.

SO I'LL TURN IT OVER TO MAX, UH, TO WALK US THROUGH THE DETAILS.

I'M JUST TURNING TO, HERE WE GO.

DAVID MAXIMI ALAK ON THE BEHALF OF THE GEORGIA TEMPLE, AS DAVID ARTICULATED, UM, IN REGARD TO THE TREATMENT OF RELIGIOUS LAND USES UNDER NEW YORK AND FEDERAL LAW, I HAVE A VERY QUICK POWERPOINT THAT I PREPARE THAT I'M GOING TO SHARE WITH YOU.

UM, IT'S JUST LOADING NOW.

CAN EVERYONE SEE THE SLIDE IN FRONT OF THEM ENTITLED TREATMENT OF RELIGIOUS LAND USES? YEAH.

EXCELLENT.

SO, AS I SAID, I'M JUST ADDRESSING TREATMENT OF RELIGIOUS LAND USES UNDER NEW YORK AND FEDERAL LAW.

UNDER NEW YORK CASE LAW, IT ESTABLISHED THAT AS A MATTER OF PUBLIC POLICY, RELIGIOUS USES ARE PRESUMED TO HAVE A BENEFICIAL EFFECT ON THE COMMUNITY.

AND BECAUSE OF THIS PRESUMED BENEFICIAL EFFECT, RELIGIOUS USES ENJOY A SPECIAL TREATMENT WHEN IT COMES TO THE APPLICATION OF RESIDENTIAL ZONING ORDINANCES BECAUSE THESE INSTITUTIONS ARE PRESUMED TO HAVE A MORAL BENEFIT, IF YOU WILL.

IN ADDITION, PURSUANT TO NEW YORK CASE LAW, THE THIS REQUISITE SPECIAL TREATMENT FOR RELIGIOUS LAND USES, UH, MEANS THAT WHILE THEY ARE NOT EXEMPT FROM LOCAL ZONING LAWS, GREATER FLEXIBILITY AND LENIENCY IS REQUIRED IN EVALUATING THE APPLICATIONS FOR SUCH A USE AS COMPARED TO PERHAPS ANOTHER USE OR A DIFFERENT USE.

AND EVERY ACCOMMODATION FOR THE RELIGIOUS USE MUST BE MADE.

AND SO, ORDINARILY SUCH FACTORS AS PERHAPS INCREASES IN TRAFFIC REDUCTION IN TAX REVENUE, THOSE TYPE OF PERHAPS NEGATIVE FACTORS ARE INSUFFICIENT TO REBUT THE PRESUMPTION OF A RELIGIOUS USES MORAL ABUNDANT BENEFIT.

IN ADDITION, WE HAVE FEDERAL LAW.

WE HAVE THE RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS ACT IN ACTION IN 2000 THAT PROHIBITS LAND USE REGULATIONS THAT IMPOSE A SUBSTANTIAL BURDEN ON RELIGIOUS EXERCISE UNLESS A GOVERNMENT CAN SHOW A COMPELLING GOVERNMENTAL INTEREST THAT IS IMPLEMENTED, IN LEAST RESTRICTIVE MEANS POSSIBLE.

AND WHAT IS THE SUBSTANTIAL INTEREST? WELL, ACCORDING TO THE FEDERAL COURT OF THE SECOND CIRCUIT, RELYING ON NEW NEW YORK LAW, IT, IT HELD THAT MUNICIPALITY CANNOT SHOW, CANNOT DEMAND THAT A RELIGIOUS LAND USE SHOW NO NEGATIVE IMPACTS, BECAUSE SUCH A REQUIREMENT FAILS TO RECOGNIZE THAT RELIGIOUS USES HAVE AN INHERENT BENEFICIAL EFFECT THAT MUST BE WEIGHED AGAINST THEIR POTENTIAL HARMS. SO THAT'S JUST A REALLY QUICK REVIEW OF STATE AND FEDERAL LAW WHEN IT COMES TO, UH, THE TREATMENT OF RELIGIOUS LAND USES.

UH, FOR THE PURPOSES OF THE RECORD, I KNOW THAT THE BOARD DID DISCUSS THIS ITEM DURING AN EXECUTIVE SESSION, ADDED TO WORK SESSION ON NOVEMBER FOUR, AND IS, UH, FULLY UPDATED ON THAT FRONT, BUT I WANTED TO MAKE SURE THAT THIS WAS IN THE RECORD FOR THE PUBLIC'S BENEFIT.

UM, SO NOW I'M JUST GOING TO TURN TO OUR SUBMISSION AND UPDATED SITE PLAN.

SO FEEL LIKE I'M GONNA LET DOWN ALL THE MILLENNIALS.

UM, BUT ONE MOMENT, LET ME JUST TRY TO SHARE, FIGURE OUT HOW TO SHARE OVER TO OUR NEW P D F.

ONE MOMENT PLEASE.

[00:10:01]

DO YOU GUYS BY CHANCE SEE THE SITE PLAN IN FRONT OF YOU? NO.

YEAH, WE DO.

FIGURE THAT NOT LET THE MILLENNIALS DOWN.

SO, MOVING AHEAD THEN.

UM, SO BASED ON THE COMMENTS RECEIVED AT THE NOVEMBER FOUR WORK SESSION, UM, THERE WERE SOME UPDATES TO THE SITE PLAN.

UM, AS YOU'LL SEE ON PAGES A ONE AND A EIGHT, WE UPDATED THE SYMBOL IDENTIFYING THE ACCESSIBLE PARKING SPACE TO THE NEW STANDARD AS WELL.

ON PAGE A EIGHT, WE UPDATED, UM, TO SHOW THAT THE FLAGSTONE STEPS WILL NOT BE USED FOR PUBLIC USE.

THIS IS THE FLAGSTONE STEPS TO THE NORTH OF THE BUILDING.

IN ADDITION, WE ADDED A NOTE THAT THE WOODEN STEPS WILL BE RECONSTRUCTED, UM, IN ORDER TO ENSURE THAT THEY'RE SAFE FOR USE BY CONGREGANTS.

AND THERE WAS A QUESTION REGARDING LIGHTING ALONG THE FRONT STAIRS.

SO WHAT WE DID IS WE HAD ADDED FOUR STEP LIGHTS AND FOUR BOLLARD LIGHTS ALONG THE STAIRS, AS WELL AS TWO WALL-MOUNTED LIGHTS, ONE ON EITHER SIDE OF THE FRONT DOOR.

UM, THE CROSS SECTIONS OF ALL LIGHTS FOR THE SITE ARE SHOWN ON PAGES A EIGHT AND A NINE OF THE SITE PLAN.

SO FOR EXAMPLE, WE HAVE THE STEP LIGHT HERE AND THE WALL-MOUNTED LIGHT HERE.

UM, WE ALSO ADDED ON PAGE A EIGHT, A LIGHTING SCHEDULE THAT SHOWS ALL IN ALL THERE WILL BE 14 LIGHTS ON THE SITE.

AND IF I JUST WANNA TRY TO ZOOM IN HERE SO EVERYONE CAN SEE THAT ONE MOMENT AND THAT SCHEDULE IS THERE LISTING THE TYPES OF LIGHTS, UH, THAT WILL BE INSTALLED ON THE SITE.

AGAIN, ALL THESE LIGHTS WILL BE DESIGNED IN A WAY THAT MINIMIZES OR HAS NO IMPACT ON THE SURROUNDING PROPERTIES.

UM, BUT ENSURING AT THE SAME TIME, VISIBILITY ON THE SITE FOR CONGREGANTS.

THERE WAS, UM, A CONVERSATION DURING THE WORK SESSION ABOUT TREES THAT ARE DEAD OR DYING ON THE PROPERTY.

SO MR. ALAMA AND I VISITED THE SITE AND WE IDENTIFIED EIGHT TREES THAT APPEARED TO BE DEAD OR DYING.

WE HAVE LISTED THOSE IN A TREE REMOVAL PERMIT APPLICATION THAT HAS BEEN SUBMITTED TO DEPUTY COMMISSIONER SCHMIDT, AND HE IS REVIEWING THAT APPLICATION.

BUT WHAT WE DID IS WE IDENTIFIED THOSE TREES ON THE SITE AND WE MADE THIS PHOTO KEY WITH A PICTURE OF EACH TREE.

IN ADDITION, THERE IS A TREE THAT HAS FALLEN ON THE HOME THAT WILL BE REMOVED, OF COURSE, AS PART OF THE REPURPOSING OF THE STRUCTURE AND THE WORK TO BE DONE ON THE SITE.

UH, BUT WE WANNA MAKE SURE THAT THE SITE IS SAFE FOR CONGREGATES AND THAT THE TREES WILL NOT IMPACT THE STRUCTURE OR THE PARKING AREA.

SO WE DID LIST THESE TREES AS THE TREES WE IDENTIFIED AS POTENTIALLY HAZARDOUS.

AND MR. SCHMIDT IS REVIEWING OUR APPLICATION.

THERE WAS A QUESTION ABOUT THE D O T RIGHT OF WAY AND WHAT TIME THAT WAS TAKEN.

SO ONE MOMENT, I'M JUST GONNA PULL UP THE LETTER THAT WE SUBMITTED TO THE BOARD ON NOVEMBER 12TH.

SO THIS IS MAP 9 3 6 1.

IT COMES FROM WESTCHESTER COUNTY RECORDS AND IT SHOWS THAT THE D O T RIGHT OF WAY WAS TAKEN ON OR ABOUT THE YEAR OF 1954.

SO I JUST WANNA INCLUDE A COPY OF THAT MAP.

I UNDERSTAND THE COPY WAS A LITTLE BLURRY.

APOLOGIES FOR THAT.

THAT'S ABOUT THE BEST THAT CAME OUT OF THE COUNTY RECORDS IN 1954.

BUT WE DO HAVE A WELL ARTICULATED MAP HERE SHOWING THAT THE D O T WAS APPROPRIATED, APPROPRIATED THIS CHUNK OF LAND.

UH, LASTLY THERE WAS A QUESTION FROM THE BOARD'S COUNSEL REGARDING THE HISTORY OF THE PROPERTY AND THE USES PERMITTED.

SO WE WENT THROUGH THE RECORD, UH, THAT WE HAD.

I HAD A CONVERSATION WITH THE STAFF AT THE BUILDING DEPARTMENT.

SO THE HOME WAS BUILT IN 1918.

THERE ARE NO PLANNING BOARD CASE HISTORIES ON THE PROPERTY.

THERE ARE THREE Z B A CASE HISTORIES THAT WERE PREVIOUSLY PROVIDED TO THE BOARD IN 1972 AND 1974.

SPECIAL PERMITS WERE DENIED BY THE Z E B A FOR A NURSERY SCHOOL AND ARREST HOME RESPECT RESPECTIVELY.

IN 1978, THERE WAS A SPECIAL PERMIT ISSUED FOR A DAYCARE SLASH BABYSITTING OPERATION ON THE SITE.

UH, HOWEVER, THERE IS NO RECORD OF THIS USE EVER BEING IMPLEMENTED, NOR ANY RECORD OF ANY PLANNING BOARD REVIEW FOR SUCH USE.

THE PROPERTY WAS UTILIZED AS A SINGLE FAMILY HOME UNTIL OR AROUND 2017, AND IN MARCH OF THAT YEAR, THE FORECLOSURE SALE TOOK PLACE AND THE HOME HAS BEEN VACANT EVER SINCE.

SO THAT'S PRETTY MUCH JUST A REVIEW OF OUR SITE PLAN UPDATES AND OUR RESPONSES TO SOME OF THE COMMENTS.

MAX, IF YOU COULD MAX, IF YOU COULD JUST GO BACK TO THE SITE PLAN AND JUST REMIND THE BOARD THE Z D A APPLICATION THAT WE HAVE FILED AND THE APPEARANCE THAT YOU MADE MADE AND THE VARIANCE THAT WE'RE SEEKING, JUST SO THAT THE RECORD IS CLEAR.

AND I THINK THE BOARD MAY THEN BE IN A POSITION TO MAKE A RECOMMENDATION TO THE ZONING BOARD.

SO I WILL PULL UP THE SITE PLAN SO WE HAVE IT ALL IN FRONT OF US.

[00:15:01]

HERE WE GO.

SO HERE'S A SITE PLAN.

SO JUST AS A REMINDER, THIS IS A REPURPOSING OF THE DILAPIDATED SINGLE FAMILY ON THIS HOME, ON THE SITE TO A HINDU TEMPLE.

WE ARE BEFORE THE Z B A RIGHT NOW FOR A FRONT YARD VARIANCE, UM, FOR A 36.8 FOOT SETBACK.

UM, AS COMPARED TO THE A HUNDRED FOOT SETBACK REQUIRED UNDER THE ZONING CODE.

UH, WE ACTUALLY LOCATED OVER A HUNDRED FEET FROM THE SAWMILL RIVER ROAD, UM, CURB LINE.

HOWEVER, DUE TO THE DOTS TAKING OUR FRONT YARD LOT LINE IS ONLY 36.8 FEET, UH, FROM THE STRUCTURE.

AND THUS WE REQUIRE FRONT YARD VARIANCE UNDER THE ZONING CODE.

AND WE HAVE THEM FOR THE ZONING BOARD OF APPEALS.

UH, THERE WERE NO COMMENTS OR QUESTIONS FROM THE E B A AT OUR INITIAL MEETING, AND WE ARE UP FOR HOPEFUL APPROVAL TOMORROW NIGHT.

AND IT'S BEEN A PRETTY STRAIGHTFORWARD APPLICATION.

AND WE'VE ALSO RECEIVED A LETTER OF SUPPORT AND EMAIL OF SUPPORT FROM A NEIGHBOR THAT HAS BEEN PROVIDED TO THIS BOARD IN OUR INITIAL SUBMISSION.

SO, SO JUST TO CLARIFY THAT, UH, THE, THE ACTUAL SETBACK FROM THE CURB AND THE TRAVEL WAY IS IN EXCESS OF WHAT WOULD OTHERWISE BE REQUIRED IN RESULT ZONING BULK REQUIREMENTS.

IT'S SIMPLY AS A RESULT OF THAT 1954, TAKING THAT THE DOT'S LEGAL RIGHT OF WAY EXTENDS INTO WHAT OTHERWISE WOULD APPEAR TO BE THE FRONT YARD OF THE, UH, HINDU TEMPLE SITE.

SO THIS IS A TECHNICAL VARIANCE.

WE ARE REQUIRED TO, UH, OBTAIN IT.

UH, AND WE WOULD, UH, I, I DON'T KNOW WHETHER THE DEPUTY COMMISSIONER WAS INDICATING THAT THE BOARD MIGHT ENTERTAIN, UM, INDICATING ITS SUPPORT, BUT WE ARE IN FRONT OF THE ZONING BOARD AND, UM, WANTED TO MAKE SURE YOU ALL KNEW ABOUT THIS VARIANCE AND WE'RE HAPPY TO ANSWER ANY QUESTIONS AND ADDRESS ANY ADDITIONAL COMMENTS.

BUT THANK YOU.

ARE THERE ANY QUESTIONS OF THE BOARD IN REGARDS TO THIS APPLICATION? I DON'T HAVE A QUESTION THAT I DID WANNA SAY WAS VERY, UM, THOROUGH AND WE COVERED ALL THE POINTS THAT WERE BROUGHT UP AND I THOUGHT YOU DID A GREAT JOB.

ANY OTHER COMMENTS? IF NOT, DO WE HAVE ANY, UH, MEMBERS OF THE PUBLIC WHO PUBLIC WHO WISH TO SPEAK ON THIS APPLICATION? YES.

UM, MY NAME IS, PLEASE IDENTIFY YOURSELF FOR THE RECORD.

YEAH, YOU HAVE THE PLAN UP THERE.

I CAN'T SEE MYSELF.

MY NAME IS MURRAY BOWDEN, AND I APPRECIATE THE FACT THAT YOU CHANGED THE HANDICAP SIGN TO THE NEW ONE.

AND, UH, MOVING FORWARD.

THANK YOU, MAYOR.

ARE THERE ANY OTHER, UH, MEMBERS OF THE PUBLIC WHO WISH TO SPEAK ON THIS ISSUE? IF NOT, UH, UM, WE HAVE THE OPPORTUNITY TO MAKE A RECOMMENDATION TO THE ZONING BOARD, UH, EITHER, UH, UH, POSITIVE, NEUTRAL, NEUTRAL OR NEGATIVE.

UH, DO WE HAVE A, UH, PROPOSAL FROM ANY BOARD MEMBER HOW WE SHOULD CLASSIFY THIS APPLICATION? UH, MOVE IT AS A POSITIVE RECOMMENDATION TO THE PLAINTIFF OUT TO THE ZONING BOARD.

SECOND VOTE? YES.

YOU CAN GIVE MICHAEL IF YOU WANT.

I THINK IT WAS, UH, A TIE BETWEEN MICHAEL AND YOU.

YEAH, I, I BETWEEN AND TOM, MICHAEL AND TOM.

HE WAS FIRST.

HE WAS FIRST AND SECOND BY MICHAEL.

LET THE RECORD SHOW IS SECOND BY, UH, MICHAEL.

AND, UM, ALL THOSE IN FAVOR? AYE.

SO WE'LL MAKE A POSITIVE RECOMMENDATION TO THE ZONING BOARD FOR THAT, UH, UM, UH, OF THE, A LOT LINE SETBACK THAT'S BEING QUESTION BY THE, THE APPLICANT.

I'LL GET THAT OFF.

I WILL GET THAT OFF TO THE ZONING BOARD AS WELL AS THE APPLICANT TOMORROW.

THANK YOU ON BEHALF OF THE TEMPLE, MR. CHAIRMAN, MEMBERS OF THE BOARD, WE APPRECIATE YOUR EXPEDITIOUS, UH, REVIEW AND APPROVAL.

AND WE LOOK FORWARD TO HOSTING ALL OF YOU AT THE, UH, OPENING OF THE TEMPLE WHEN IT IS READY.

WELL, WE STILL HAVE A BIT MORE BUSINESS ON, ON THIS.

WE, WE ONE THOSE THE PUBLIC HEARING AND, UM, THE RECORD OPEN.

BUT, OKAY, NOW, IN, IN, UH, NORMALLY WE WOULD CLOSE THE PUBLIC HEARING AND KEEP THE RECORD OPEN TO THE WEDNESDAY, UH, BEFORE THE DISTRIBUTION OF THE PACKET TO GIVE THE STAFF TIME TO DO THAT.

[00:20:01]

HOWEVER, THE NEXT DAY THURSDAY IS THANKSGIVING.

SO I'M LOOKING FOR, UH, DEPUTY SCHMIDT TO GIVE ME A RECOMMENDATION WHEN YOU FEEL YOU NEED THE OPERAT.

UM, YOU NEED, UH, UM, THE INFORMATION TO PREPARE THE PACKAGE FOR TO SOME MEETING IN THIS CASE.

CHAIRPERSON.

SIMON, WE'RE COMFORTABLE WITH YOU CLOSING THE PUBLIC HEARING AND LEAVING THE RECORD OPEN THROUGH NEXT WEDNESDAY THE 25TH OF NOVEMBER.

I HAVE A QUESTION, MAAM.

DON'T WE NEED TO LEAVE THE RECORD OPEN UNTIL WE GET A DECISION FROM THE C B A? NOT IN THIS CASE.

SO FROM A SEEKER STANDPOINT, THIS IS AN UNCOORDINATED REVIEW.

BOTH MATTERS, UH, BOTH THE VARIANCE BEFORE THE ZONING BOARD AS WELL AS THE APPLICATION BEFORE THE PLANNING BOARD QUALIFIES.

TYPE TWO ACTION.

I WAS GOING TO GET TO THAT SO THAT THE BOARD WOULD BE IN A POSITION TO CONSIDER THIS A TYPE TWO ACTION.

UH, YOU DO NOT HAVE TO WAIT FOR THE ZONING BOARD, UM, IN THE SENSE THAT, UM, FOR PURPOSES OF COORDINATING SEEKER, BECAUSE THERE IS NO COORDINATED REVIEW, UM, THE Z B A IS EXPECTED TO, UH, PICK THIS UP TOMORROW EVENING AT ITS, UM, AT ITS MEETING.

AND WE DO THEREFORE ANTICIPATE THAT THE ZONING BOARD WILL ISSUE ITS DECISION PRIOR TO THE PLANNING BOARD, CONSIDERING ITS DECISION ON DECEMBER 2ND.

QUITE THE QUESTION I HAVE IS, I MEAN, IT'D BE GOOD TO DO THAT BECAUSE IT'S ONLY MEETING IN DECEMBER.

SO IT WOULD, IF WE DIDN'T DO IT ON THAT DATE, WE'D HAVE TO WAIT TILL THAT BEGINNING OF THE YEAR AND THAT WOULD BE UNFORTUNATE.

MY QUESTION IS, CAN WE APPROVE THIS PROJECT WITHOUT THE SUBJECT TO THOSE VARIANCES AND THAT BEING ON DECEMBER 2ND, JUST IN CASE THEY DON'T GET IT TOMORROW NIGHT? IT'D CERTAINLY BE A CONDITION OF OUR, OF OUR APPROVAL.

ABSOLUTELY.

I'M JUST CONCERNED, DAVID, THAT IF THEY DON'T, IF THEY DON'T GIVE YOU AN APPROVAL, MEITE, THAT'S, UH, I DON'T WANT WANNA SLOW ANYTHING DOWN.

WE OBVIOUSLY YOU REALLY APPRECIATE THAT.

AND ANYTHING YOUR BOARD CAN DO TO HASTEN THIS, WE WOULD LOVE TO, TO GET THIS COMPLETED.

I THINK WE'VE EXPLAINED TO THE BOARD THAT, THAT THERE'S A TRANSACTION HANGING IN THE BALLOT.

AND WE WOULD LIKE THE TEMPLE TO CLOSE, BUT WE REALLY DON'T WANT THEM TO CLOSE WITHOUT THE APPROVAL.

IN WHICH CASE, I'M GONNA MOTION MOTION THAT WE CLOSE THE PUBLIC HEARING AND LEAVE THE RECORD OPEN TO NEXT WEDNESDAY, WHICH IS WHAT DATE? AND THE, THE FIRST IS FIRST FIFTH.

AND NOW, NOW DO WE THE SECOND.

DISCUSSION BEFORE WE TAKE THE VOTE.

DO, UH, DO WE HAVE TO DO THE SECOND NOW? OR WE CAN DO IT BEFORE WE MAKE THE DECISION ON DECEMBER OR THAT SECOND? I WAS JUST GOING TO SUGGEST THAT, UM, YOU TAKE THE VOTE ON CLOSURE OF THE PUBLIC HEARING AND THEN CONSIDER IT, UM, CONSIDER A TYPE TWO ACTION.

IT'S NOT PART OF THE, IT'S NOT PART OF THE PUBLIC HEARING.

SO WE, WE CAN CLOSE THAT VOTE.

UH, OKAY.

YOU NEED THE, THE MOTION? I DID SECOND, SECOND.

ALL ALL IN FAVOR OF CLOSING THE PUBLIC HEARING AND KEEPING THE RECORD OPEN FROM NOVEMBER 25TH.

AYE, INDICATE, AYE.

UH, ANY OPPOSED IF, UH, NO ABSTENTION, UH, MOTION CARRIED.

DO WE HAVE TO MOVE THIS AS A TYPE TWO ACTION? YES.

I'LL MOVE THAT.

THIS, THIS PROJECT IS A TYPE TWO ACTION UNDER SEEKER SECOND ON ALL IN FAVOR? AYE.

OKAY, MR. FRANK, NOW YOU CAN GO.

NOT THANK YOU AGAIN.

WE'LL SEE YOU IN, WE'LL SEE YOU IN TWO WEEKS.

I'LL, I'LL SEE YOU IN ANOTHER HALF AN HOUR PROBABLY.

WHETHER YOU LIKE IT OR NOT.

THANK YOU EVERYBODY.

DO WE HAVE, UH, A REPRESENTATIVE FOR THIS APPLICATION? YES.

THE NEXT ITEM ON THE AGENDA IS THE, UM, UH, LIGHTBRIDGE ACADEMY AT PB 2009.

UH,

[00:25:01]

UH, MR. CHAIR MICHAEL KIRTI, UH, FROM, UH, HARRIS BEACH, UH, LAND USE COUNSEL, UH, FOR THE APPLICANT.

UH, MAY I PROCEED? SURE, PLEASE, SIR.

I'LL INDICATE THAT, UH, UH, UH, WE APPRECIATE THE FACT THAT WE GOT THE, THE, THE DIAGRAM ON THE INTERIOR OF THE BUILDING.

UH, HOWEVER, MOST OF THAT IS DICTATED BY STATE LAW.

SO WE, UH, DON'T NEED TO SPEND A LOT OF TIME ON THAT INTERIOR DESIGN BECAUSE WE REALLY DON'T HAVE MUCH JURISDICTION ON THAT.

I WOULD PREFER, YOU KNOW, YOU COULD POINT OUT SOME, MAYBE SOME KEY POINTS ON IT, BUT I PREFER IF YOU FOCUS ON THE EXTERIOR OF THE BUILDING, UH, THE PARKING, THE LIGHTING, AND SO FORTH.

VERY WELL.

UM, I'LL JUST GIVE A SHORT PROCEDURAL HISTORY OF THE APPLICATION AND THEN I'LL TURN IT OVER TO THE DESIGN TEAM TO TALK ABOUT, UH, SOME OF THE PARTICULARS, UH, REGARDING OUR UPDATED APPLICATION.

UM, SO AGAIN, UH, MY NAME'S MIKE PURDY.

I'M AN ATTORNEY WITH HARRIS BEACH, UH, LAND USE COUNSEL FOR THE APPLICANT.

UH, WE'RE PROUD TO REPRESENT OUR CLIENT, THE APPLICANT, 5 29 CENTRAL PARK AVENUE, L L C, IN CONNECTION WITH THE PROPOSED RENOVATION, REDEVELOPMENT OF THE BUILDING AND RELATED SITE IMPROVEMENTS AT 5 29 CENTRAL PARK AVENUE, UH, FOR THE PUBLIC HEARING OF ITS APPLICATION FOR SPECIAL PERMIT AND ALSO SITE PLAN APPROVAL.

JUST A BRIEF PROCEDURAL HISTORY REGARDING THE APPLICATION, HOW WE GOT TO WHERE WE ARE TODAY.

UM, ON APRIL 17TH, 2020, WE FILED AN APPLICATION FOR SPECIAL PERMIT AND SITE PLAN APPROVAL.

THE PLANNING BOARD HELD WORK SESSIONS ON JUNE 17TH, 2020, SEPTEMBER 2ND, 2020 AND OCTOBER THE SEVENTH, 2020.

UH, THE PLANNING BOARD IS LEAD AGENCY FOR PURPOSES OF A COORDINATED C REVIEW, ISSUED A CONDITION NEGATIVE DECLARATION FOR THE PROJECT ON OCTOBER 7TH, 2020.

UH, ON THAT DATE, YOU ALSO ISSUED A POSITIVE RECOMMENDATION TO THE ZONING BOARD OF APPEALS.

UH, NOTABLY, AS PART OF THAT, UH, CONDITION, UH, NEGATIVE DECLARATION, THERE IS A CONDITION THAT ONCE LIGHTBRIDGE REACHES 105 CHILDREN ENROLLED OF A TOTAL MAXIMUM OF 159 CHILDREN, IT MUST FREEZE ENROLLMENT AND CONDUCT A SUPPLEMENTAL TRAFFIC AND PARKING STUDY TO BE REVIEWED BY THE PLANNING BOARD AND THE TRAFFIC CONSULTANT, UH, MR. CANNING.

UM, THIS IS, UH, CONSISTENT WITH A, UM, REQUIREMENT THAT YOU HAD FOR THE KITTY ACADEMY, WHICH IS ANOTHER, UH, CHILDCARE FACILITY LOCATED IN GREENBURG ON JUNE 30TH, UH, 2020, UH, THE APPLICANT APPLIED TO THE ZONING BOARD FOR TWO AREA VARIANCES, FOR ONE PROPOSING LESS THAN A MINIMUM REQUIRED OFF STREET PARKING SPACES, AND TWO, FOR PROVIDING LESS THAN THE MINIMUM DISTANCE REQUIRED FROM OFF STREET PARKING SPACES TO THE PRINCIPAL BUILDING ON THE SITE.

UH, THESE WERE THREE PARKING SPACES ON THE SOUTH SIDE OF THE BUILDING DIRECTLY, UH, ABUTTING THE BUILDING.

WE APPEARED BEFORE THE ZONING BOARD, UH, OF APPEALS FOR THE PUBLIC HEARING OF LIGHTBRIDGE, UH, LIGHT BRIDGE'S AREA VARIANCE APPLICATION ON JULY THE 16TH, 2020, OCTOBER THE 15TH, 2020.

AND WE'RE ALSO SCHEDULED TO CONTINUE THAT PUBLIC HEARING AT TOMORROW NIGHT'S C B A MEETING SIGNIFICANTLY.

UH, AND ON NOVEMBER THE THIRD, 2020, WE AMENDED OUR APPLICATION WITH THE ZONING BOARD TO REDUCE THE NUMERICAL DEVIATION NEEDED FOR THE OFF STREET PARKING VARIANCE.

UH, WE ARE NOW PROPOSING, UH, 45 PARKING SPACES ON OUR SITE PLAN WITH 159 CHILDREN.

69 SPACES ARE REQUIRED UNDER THE ZONING CODE.

IT'S SECTION 2 85 DASH 29.1 C5 OF THE TOWN CODE.

AND THUS, LIGHT BRIDGE'S ORIGINAL APPLICATION REQUESTED A 34.78% DEVIATION FROM THE CODE.

NOW WE ARE AMENDING OUR APPLICATION TO SEEK THE AREA VARIANCE REQUIRED FOR ONLY 105 CHILDREN ENROLLED, WHICH IS 49 PARKING SPACES.

SO THE 45 SPACES PROPOSED IS FOUR LESS SPACES THAN THAT, WHICH IS REQUIRED, OR A 8.16% DEVIATION FROM THE CODE.

UM, SO IN OTHER WORDS, WE WENT FROM A 34.78% DEVIATION FROM THE CODE TO NOW ASKING FOR AN 8.16 PER, UH, DEVIATION FROM THE CODE.

UH, WE SUBMITTED AMENDED DESIGN SHEETS, UH, TO ACCOUNT FOR THAT CHANGE TO 105 CHILDREN, WHICH ALSO CHANGED THE CALCULATION FOR THE REQUIRED NUMBER OF STAFF MEMBERS PER STATE REGULATIONS.

UM, I'D ALSO LIKE TO NOTE THAT, UM, ONE OF THE REQUIREMENTS, UM, THAT, UH, WERE NEEDED IN ORDER FOR US TO PROCEED WAS, UM, TO RECEIVE AN EASEMENT, UM, EXPANDING THE INGRESS AND EGRESS AREAS AT THE, UM, UH, AT THE FRONT OF THE PROPERTY, UM, IN ORDER FOR US TO ERECT A, UM, UH, A MONUMENT SIGN, UM, ON THE PROPERTY AND ALSO TO PERMIT, UM, UH, INGRESS AND EGRESS.

WE RECEIVED THAT, UH, EASEMENT FROM SCARSDALE MEADOWS.

THE BOARD OF DIRECTORS APPROVED THAT THE, UH, EXPANSION OF THAT EASEMENT.

AND WE WORKED WITH THE TOWN ATTORNEY, UH, ON THE LANGUAGE.

[00:30:01]

UM, AND SO I CAN REPORT TO THE BOARD THAT, UH, WE HAVE THAT EASEMENT IN HAND OR, AND, UH, ONCE WE RECEIVE, UH, THE ORIGINAL, WE WILL BE FILING THAT WITH THE COUNTY CLERK.

UM, AT THIS POINT IN TIME, I'LL TURN IT OVER, UM, TO, UH, OUR ENGINEER, JESSE, UH, JUST TO TALK A LITTLE BIT ABOUT, UM, OUR AMENDED APPLICATION.

AND WE'RE HAPPY TO ANSWER ANY QUESTIONS THE BOARD MAY HAVE.

YOU KNOW, THAT WILL SHOW YOU KIND OF THE PHOTOMETRICS, UM, FOR THE SITE AS WELL.

GOOD EVENING EVERYONE.

JESSE COLEY, UH, WITH MASER CONSULTING, THE ENGINEER OF RECORD FOR THE PROJECT.

I'M JUST GOING TO SHARE MY SCREEN HERE AS BASED I CAN, CAN, CAN EVERYBODY SEE THAT? OKAY.

NOT YET.

NO, IT'S NOT TRUE.

NOT YET YET.

ALL RIGHT, ONE SECOND.

LET ME DO THIS INSTEAD NOW.

NO, I DO NOT KNOW WHY THAT IS NOT WORKING.

OH, WAIT, HERE WE GO.

HOW ABOUT NOW? YEP.

ALRIGHT, GREAT.

SORRY ABOUT THAT.

SO, AS MR. CURTY SAID, UM, WE'VE BEEN BEFORE THIS BOARD BEFORE, UM, WE'RE SCHEDULED TO APPEAR BEFORE THE ZONING BOARD, UH, POTENTIALLY TOMORROW EVENING.

UM, THE MAIN, UH, CHANGE SINCE THE LAST TIME WE WERE HERE IS KIND OF THE, UM, CALCULATION THAT WE DID FOR THE ENROLLMENT.

SINCE WE ARE GOING TO BE RESTUDYING THE SITE WHEN IT REACHES TWO THIRDS ENROLLMENT, WE'VE REDUCED THE CAPACITY AND THEREFORE THE STAFF THAT IS REQUIRED, UM, THAT WILL BE IN THE FACILITY AS PART OF THIS INITIAL APPROVAL, UM, WHICH UPDATES OUR PARKING CALCULATION, WHICH IS FOUND ON THE RIGHT HAND SIDE OF THE, UM, PAGE.

SO FOR THE DAYCARE CENTER USE, UM, STAFF MEMBERS REQUIRE ONE FOR EACH PARKING SPACE FOR EACH STAFF MEMBER, ONE FOR EACH FACILITY VEHICLE, AND ONE FOR EVERY FIVE CHILDREN, UM, OR CLIENTS.

SO THAT CALCULATION COMES TO A TOTAL OF 43 REQUIRED SPACES BASED ON THE, UM, STUDENT AND ENROLLMENT AT THE TWO THIRDS LEVEL, 22 STAFF, 105 CHILDREN.

AND THEN THERE IS SOME OFFICE SPACE, WHICH WOULD REQUIRE SIX SPACES, MEANING THE TOTAL THAT WE WOULD NEED WOULD BE 49 SPACES.

WE ARE PROVIDING 45 SPACES AT THE SITE.

SO A VARIANCE IS STILL REQUIRED, BUT AS MR. KIRBY NOTED, IT'S A MUCH SMALLER DEVIATION, UH, THAN WAS BEFORE.

I THINK HE HAD MENTIONED IT WAS AROUND 36% BEFORE, WHEREAS NOW WE'RE ABOUT 8%, UM, DEVIATION.

WE HAVE PROVIDED ADDITIONAL TRAFFIC INFORMATION, UM, YOU KNOW, INCLUDING PARKING STUDIES.

UM, SPECIFICALLY WITH THE SITE PLAN, JUST FOR THE BOARDS, UH, A REFRESHER, WE ARE REDUCING THE AMOUNT OF IMPERVIOUS SURFACE BY REMOVING SOME OF THE PAVEMENT AREA AROUND THE BACK.

WE'RE INSTALLING PLAYGROUNDS ON THE NORTHERN SIDE OF THE BUILDING.

THE FRONT SPACES WILL BE DESIGNATED FOR APPARENT DROP OFF AND PICKUP.

WE HAVE HANDICAP SPACES ON THE SOUTH END OF THE BUILDING.

WE ARE SHOWING A LOADING ZONE, UM, COMPLYING WITH THE TOWN ORDINANCE.

AND THEN ADDITIONAL PARKING, UH, MOSTLY FOR EMPLOYEES IS KIND OF FOUND IN THE REAR OF THE BUILDING.

WE ARE PROPOSING TO ADD SOME STRIPING TO HELP WITH THE TRAFFIC FLOW ON THE SITE.

WE ARE PROVIDING A SIDEWALK ALONG THE SOUTHERN SIDE, UM, WHICH WILL, WE ARE ALSO PROPO PROPOSING SOME LIGHTING ALONG THE SOUTHERN SIDE AS WELL TO HELP ILLUMINATE THAT FOR PEDESTRIAN SAFETY.

WE ARE ALSO PROPOSING TO UPGRADE THE SIDEWALKS AT THE ENTRANCE, UM, WITH A D A ACCESSIBLE RAMPS AND A CROSSWALK AND A STOP BAR, WHICH I BELIEVE WAS ANOTHER ONE OF JOHN CANNINGS RECOMMENDATION TO AT LEAST, YOU KNOW, FOLLOW WHAT THE, THE STATE D O T WOULD, UH, WOULD LOOK FOR.

SO WE HAVE ADDED THAT AS WELL.

UM, MR. KIRTI ALSO NOTED THAT THE, UM, EASEMENT HAS BEEN AGREED TO BY THE NEIGHBOR, UM, WHICH WILL ALLOW US TO KIND OF EXPAND AND KIND OF PUT IN THAT SIDEWALK, UM, AND THE LIGHTING.

SO WE ARE, YOU KNOW, HAPPY TO REPORT THAT THAT AGREEMENT HAS COME INTO PLACE AS WELL.

SO THE MAJOR CHANGE FROM THE LAST TIME YOU SAW THIS WAS REALLY JUST THE CHANGE IN THE CALCULATION.

UM, BUT WE DO HAVE, YOU KNOW, FULL SET OF SITE PLANS THAT WILL BE SUBMITTED THAT INCLUDE GRADING, DRAINAGE, UM, LANDSCAPING AND LIGHTING, UM,

[00:35:01]

AND THAT'S PRETTY MUCH IF YOU HAVE ANY QUESTIONS, I'M, I'M HAPPY TO ANSWER THEM.

I'M KIND OF CURIOUS ABOUT, YOU KNOW, THE CHANGE IN YOUR PARKING REQUEST FROM A BUSINESS STANDPOINT.

IT SOUNDS LIKE YOU MAINTAIN THE PARKING TO THE TWO THIRDS AND INITIAL ENROLLMENT.

SO ASSUMING THAT THINGS ARE GOING AND IT'S MEASURED AT THAT POINT, I ASSUME THEY'RE GOING TO WANT TO APPLY FOR AN ADDITIONAL VARIANCE TO INCREASE YOUR, UM, ENROLLMENT FURTHER, OR HOW ARE YOU EXPECTING TO WORK THAT? THIS IS MIKE KIRTI.

UM, THAT'S CORRECT.

UM, WE DO PLAN ON COMING BACK TO THE BOARD, UM, FOR AN ADDITIONAL VARIANCE, UM, AT SOME POINT IN TIME.

UM, THE, I THINK FUNCTIONALLY WE WERE THERE, UM, WE DID AGREE TO THE CONDITION THAT THE BOARD HAD RECOMMENDED, UM, QUITE A WHILE AGO.

UM, THAT WAS, UM, IMPOSED ON THE KITTY ACADEMY, UM, PROJECT.

UM, THE DIFFERENCE WILL BE WHEN WE COME BACK TO THE BOARD, UM, FOR OUR NEXT VARIANCE, UM, WE WILL HAVE, UH, ACTUAL DATA FROM THE SITE, UH, WHICH IS, UH, ALWAYS THE BEST DATA.

UM, SO WE DO PLAN ON DOING THAT.

AND, UM, IT, IT IS A GAMBLE, UM, BUT WE ARE CONFIDENT IN OUR NUMBERS AND WE BELIEVE THEY WILL PROVE OUT, UM, WHEN WE COME BACK.

SO YOUR, YOUR APPLICATION CHAIRPERSON, SIMON, ANY OTHER QUESTIONS? YEAH, ARE THERE ANY OTHER QUESTIONS? IF NOT, I HAVE A QUESTION.

ARE ANY QUESTIONS FROM THE BOARD MEMBERS? YES.

IF YOU LOOK AT THE REAR OF THAT WESTERN SIDE OF THE BUILDING WHERE YOU HAVE ONE ADDITIONAL, UH, UM, HANDICAP PARKING SPACE, AND IF YOU LOOK AT THE PLACEMENT OF THE BALANCE AND THE DIRECTION OF THE LIGHTS ON THE ROOF, MY QUESTION IS, WILL THAT RESULT INTO A DOCK AREA? A DOCK SPOT IN THAT PARKING LOT? THAT'S A GOOD QUESTION.

SO WE ARE PROPOSING TWO NEW AREA LIGHTS IN THE BACK AS WELL, ONE DOWN ON THIS END, UH, ACTUALLY THREE ONE ON THIS SIDE.

AND THEN WE ARE PROPOSING ONE MORE RIGHT HERE, WHICH IS WHERE THE, THE PEDESTRIAN FOOTBRIDGE IS LOCATED THAT WILL PROVIDE ILLUMINATION AND WE WILL, UM, INCLUDE, I THINK, I HA I MAY HAVE IN THE PLANT SET HERE.

I DON'T THINK IT'S BEEN FORMALLY INCLUDED, THE LATEST AND GREATEST, BUT WE DO HAVE HERE GROUND TWO'S BRIDGE THAT WE MIGHT HAVE A BOX RIGHT BACK THERE.

YEAH, IT, I MEAN, IT'S STILL TWO, YOU KNOW, ABOUT TWO FOOT CANDLES AROUND ONE FOOT CANDLE, MAYBE TOWARDS THE MIDDLE HERE, UM, YOU KNOW, TOWARDS, TOWARDS THE BACK.

BUT ONE TO TWO IS, IS PRETTY INDUSTRY STANDARD FOR, YOU KNOW, A PARKING LOT FOR PEDESTRIAN SAFETY.

UH, AND IN ADDITION TO THAT, THAT'S ALSO A HANDICAP SPOT THERE ALSO, CORRECT? YEAH, THEY, SO THAT WARRANTED ADDITIONAL LIGHTING.

SO WHETHER THAT STANDARD IS APPLICABLE TO ALSO THE FACT THAT YOU HAVE A HANDICAP SPOT THERE, IS THAT SUFFICIENT? LIKE, I CAN LOOK INTO THAT IF IT'S, IF IT'S, IF IT'S NOT, WE COULD ALSO INCREASE, YOU KNOW, THE, THE POWER AT THIS LIGHT, YOU KNOW, PICK UP MAYBE A, A BRIGHTER LIGHT TO GET BETTER LIGHTING IN THAT CORNER.

BUT I'LL, I'LL CHECK LIGHTING.

IF YOU PUT A BRIGHTER LIGHT, THEN YOU HAVE TO BE CONCERNED ABOUT THE, THE EFFECT ON THE NEIGHBORS AS OPPOSED TO MAYBE PUTTING IN A ADDITIONAL LIGHT OR A BALLOT OR WHATEVER.

BUT I THINK YOU NEED TO CONSIDER WHETHER OR NOT YOU HAVE APPROPRIATE LIGHTING IN THAT AREA OF THE BUILDING.

THE CHAIRPERSON, SIMON, WE CAN REVIEW THAT WITH THE APPROPRIATE TOWN STAFF AS WELL.

I WANNA ASK IF THERE'S NO OTHER ADDITIONAL QUESTIONS ON THE BOARD THAT OPEN IT TO THE PUBLIC.

UH, THERE ANY OTHER QUESTIONS ON THIS APPLICATION? UH, CHAIRPERSON? SIMON? MY NAME IS DAVIDS.

I'M, I'M A, I'M A NEIGHBOR.

AND CAN I ASK A QUESTION OR TWO? DEFINITELY.

WELL, FIRST OF ALL, I,

[00:40:01]

SO LET ME FIRST ASKED, UH, THE BOARD MEMBERS, ARE THERE ANY OTHER BOARD MEMBERS WHO HAVE A, A QUESTION FOR THE APPLICANT? IF NOT, I'LL TURN IT, I WILL TURN IT ALL FOR THE PUBLIC QUESTIONING, BE THAT SINCE I DO NOT HAVE INDICATION FOR THE BOARD MEMBERS THAT, UH, THEY HAVE ADDITIONAL QUESTIONS, YOU CAN, YOU ARE WELCOME TO, UH, ASK YOUR QUESTIONS.

THANK YOU VERY MUCH, YOUR HONOR.

UM, SO I, I HAVE, UH, I'M WONDERING IF, UM, I PROMOTION THOUGH I'M NOT , I'M, I'M WONDERING IF, UH, MR. COPELEY CAN, UH, TALK FOR A MINUTE ABOUT, UH, THERE WAS SOME REFERENCE TO, UM, PERHAPS HAVING TO DO SOME, UH, CUTTING INTO THE SLOPE GRADE.

UH, JUST TO BE CLEAR, WE OWN THE PROPERTY TO THE WEST AND NORTH OF THE PROPERTY LINES HERE, UH, RIGHT ABOVE THIS STEEP SLOPE THAT GOES UPHILL TO THE WEST.

SO WE HAVE A CONCERN IN PARTICULAR ABOUT, UH, SUBSIDENCE, PERHAPS OF THE HILL TO THE EXTENT ANY EXCAVATION WORK'S GONNA BE DONE, WE'RE INTERESTED IN HEARING SOMETHING ABOUT THAT AND ALSO, UH, WHAT KIND OF NOISE AND WHAT THE DURATION OF NOISE, UH, AND STUDENTS THERE MIGHT BE FOR, UM, FOR THE PROJECTS YOU GUYS ARE ENVISIONING, WILL THERE BE ANY EXPLOSIVES OR JACKHAMMERING? IF SO, DURING WHAT TIMEFRAME? THOSE ARE OUR, OUR, UH, OUR QUESTION BEFORE, BEFORE THAT'S ANSWERED.

UH, MR. SIEGEL, JUST FOR THE RECORD, CAN YOU IDENTIFY, UM, EITHER THE ADDRESS OR THE NAME OF THE PROPERTY THAT YOU HAVE SO MEET SO WE CAN HAVE THAT IN THE RECORD? YES.

I THINK IT, IT'S HARD TO SEE 'CAUSE IT'S SMALL, BUT I THINK IT'S LOT 12.

MY NAME IS DAVID SIEGEL.

MY WIFE IS REBECCA WEBB.

WE'RE LISTED RIGHT THERE.

YEAH, THAT'S US.

SO, AND YOU HAVE A RESIDENCE THERE? WE DO.

UH, THE, THE PART OF THIS MAP THAT'S SHOWING IS ACTUALLY A WOODED AREA, UH, IN THE REAR OF OUR HOUSE.

OUR HOUSE IS A LITTLE BIT FURTHER TO THE WEST, BUT, UH, THAT IS OUR PROPERTY.

THANK YOU FOR THE QUESTIONS.

THOSE ARE, THOSE ARE GOOD QUESTIONS.

SO, UM, WE'RE ACTUALLY NOT PROPOSING ANY, UH, REAL CUTTING OF THE GRADE, UH, BACK HERE IN THIS AREA.

UH, VERY MINIMAL GRADING TO THE SITE IS PROPOSED.

UM, ON THE WHOLE, WHAT WE ARE GOING TO BE DOING IS, THIS IS A PAVED AREA.

NOW WE'RE GONNA BE REMOVING THAT PAVEMENT AND SEEDING IT AND TURNING IT INTO A GREEN AREA, WHICH SHOULD HELP FROM, UH, A STORMWATER RUNOFF STANDPOINT.

UM, MOST OF THE GRADING ACTUALLY TAKES PLACE KIND OF IN THE FRONT OF THE BUILDING HERE TO MAKE SURE WE CAN GET IN SOME, UM, A D A COMPLIANT PARKING SPACES.

UM, BUT THERE IS NOT ANTICIPATED TO BE ANY BLASTING OR, OR JACKHAMMERING FOR THAT TO OCCUR.

THERE WILL BE SOME PAVEMENT REMOVAL, UM, YOU KNOW, FOR THAT PART.

BUT, UM, THAT WOULD HAPPEN DURING NORMAL CONSTRUCTION HOURS, UM, YOU KNOW, DURING THE DAY, UH, TO GET THAT WORK DONE IN, IN THE FRONT, UH, I GUESS SOUTHEAST CORNER OF THE BUILDING.

SO OPPOSITE OF WHERE YOUR PROPERTY IS.

SO THE, THE LIMIT OF DISTURBANCE THAT'S THERE TODAY IS STAYING THE SAME.

WE'RE NOT GOING ANY FURTHER BEYOND THAT, ENCROACHING INTO THAT, INTO THAT HILLSIDE.

AND THEN, UH, SORRY.

THANK YOU VERY MUCH.

I THINK THAT ADDRESSES, UM, THE NOISE ISSUE, UH, AS WELL.

UH, MY OTHER QUESTION IS, ARE THERE ANY PLANS TO INCREASE THE HEIGHT OF NEW BUILDING, THE EXISTING BUILDING? UM, NO.

THE EXISTING BUILDING, I BELIEVE IS STAYING THE SAME.

I DON'T KNOW IF THE ARCHITECT'S ON HERE OR NOT, BUT THE, UM, YOU KNOW, THE INTENT IS TO REDEVELOP THE SITE PRETTY MUCH AS IS.

UM, THERE WILL BE SOME UPGRADES TO THE FACADE, UM, BUT I DON'T BELIEVE THE HEIGHT IS CHANGING THOUGH.

AND FINALLY, UH, IS THERE GONNA BE ANY, UM, ANY ADDITIONAL NOISE LINKING MACHINERY LIKE AIR CONDITIONING OR ANYTHING LIKE THAT OUT TO THE PROPERTY THAT'S GONNA CHANGE THE NOISE LEVEL? I'D HAVE TO DEFER TO THE ARCHITECT.

I'M NOT SURE OF THE SYSTEMS THAT ARE IN PLACE AND IF THEY NEED TO BE TO BE UPGRADED OR NOT.

I, I, I DON'T KNOW IF THE ARCHITECT IS ON, IS THAT MR. ALACK? YES.

UH, COULD BE ON FOR LET'S SAY, I DON'T SEE HIS NAME HERE.

I SENT HIM AN INVITE, UM, BUT I CAN'T TELL THERE'S SO MANY PEOPLE ON THE MEETING.

I CAN'T TELL RIGHT NOW IF HE'S, UM, LET SEE.

MR. CURDY, DO YOU KNOW IF, UH, MR. ALEKS ON, UM, I AM JUST REVIEWING, UM, JUST EVERYBODY WHO'S,

[00:45:01]

UM, NO, I, I'M HAPPY TO, YEAH, GO AHEAD.

ARE YOU IN A POSITION TO ANSWER THE QUESTION? UM, I, I CAN'T SPEAK TO, UM, THE MECHANICALS.

I CAN SAY THAT, UH, WE ARE, UM, NOT PROPOSING TO, UM, INTENSIFY THE, UH, CURRENT, UH, STRUCTURE, UM, IF YOU WILL.

UM, AND, UM, I CAN CIRCLE BACK WITH HIM WITH REGARD TO, UM, SOME OF THE MECHANICALS.

UM, THE BUILDING, UM, YOU KNOW, DOES NEED, YOU KNOW, SOME SUBSTANTIAL REHABILITATION, UM, AS EVERYONE KNOWS, UH, THIS WAS ACQUIRED, UH, THROUGH, BY THE, YOU KNOW, FROM THE TOWN, UM, THERE WAS AN IN REM OR A TAXING FORECLOSURE, UH, WHICH WAS, UH, THE MECHANISM BY WHICH THE TOWN BECAME FIONA OF THE PROPERTY AND OWNED IT FOR QUITE SOME TIME.

UH, SO THERE ARE SOME UPGRADES THAT HAVE TO HAPPEN, UM, TO THE BUILDING.

BUT, UM, ALMOST ALL OF THE, UH, UH, IMPROVEMENTS THAT WE'RE PROPOSING ARE ALL INTERIOR, UH, IN NATURE.

AND I'M HAPPY TO CIRCLE BACK AND, UH, SPEAK TO THE ARCHITECT, UH, AS TO THE SPECI SPECIFICS ON MECHANICALS.

THANKS VERY MUCH THAT THOSE WERE ALL THE QUESTIONS I HAD.

APPRECIATE IT.

I DO BELIEVE WE HAVE AT LEAST ONE, IF NOT, UH, TWO OR MORE ADDITIONAL SPEAKERS.

UH, I DID WANT AT THIS TIME JUST TO ANNOUNCE FOR THE BOARD THAT, UH, THERE WAS WRITTEN DOCUMENTATION RECEIVED, UH, MIDDLE OF THIS AFTERNOON ON BEHALF OF MR. DIMO.

HE IS ON THE ZOOM MEETING NOW.

I DON'T KNOW IF HE WISHES TO SPEAK, BUT I JUST WANTED TO, UH, ANNOUNCE THAT THAT HAS BEEN RECEIVED, FORWARDED TO THE PLANNING BOARD MEMBERS AND MADE PART OF THE, UH, RECORD FOR THIS PROJECT.

UH, MR. BOWDEN HAS HIS HAND UP.

TO BEGIN WITH, YOU ARE REALLY NOT GETTING AN ACCURATE COUNT.

UM, MY NAME IS MURRAY BOWDEN AND REGARD TO THE CROSSWALK FROM THE CORNER TO THE BUILDING, UH, IS THE CORRECT PARALLEL BAR, BUT FROM THE DRIVER'S POINT OF VIEW, THE BARS HAVE TO BE PARALLEL TO THE CENTER LINE OF THE ROADWAY.

THAT'S THE, UH, OLD FASHIONED WAY OF DOING IT.

THE ONLY ONE THAT YOUR DRIVER SEES CORRECTLY IS WHEN THE BARS ARE PARALLEL TO THE CENTER LINE.

SO I WOULD APPRECIATE AT THE, UH, ROADWAY, YOU, IT IS CORRECT.

I WOULD APPRECIATE IF THAT BE CHANGED SO THAT THE BARS ARE PARALLEL TO THE CENTER LINE OF THE, UH, ROADWAY.

AND THANK YOU FOR THE HANDICAPPED.

IS THERE ANYONE ELSE? I FROM THE PUBLIC, UH, YES, SUSAN MONGAN.

UM, I REPRESENT, UH, GRAY ROCK ASSOCIATES, WHICH IS LOCATED AT 5 31 CENTRAL PARK AVENUE, UM, WHICH IS THE PROPERTY JUST TO THE, UH, SOUTH THAT, UH, FRONT'S RIGHT ON CENTRAL PARK AVENUE, UH, WHERE THE FLAG LOT IS.

UM, WE HAVE SEVERAL CONCERNS REGARDING THE HERE.

UM, MAJORITY TO DO WITH TRAFFIC AND TRAFFIC.

UM, INITIALLY, UH, FOLLOWING THROUGH A LOT OF THIS, THE INITIAL TRAFFIC STUDY THAT WAS SUBMITTED TO THIS BOARD AND TO THE ZONING BOARD, UM, EXTREMELY UNDERESTIMATES THE AMOUNT OF TRAFFIC THAT IS EXISTING ON THE ROAD.

I'M NOT SPEAKING SO MUCH RIGHT NOW TO THE AMOUNT OF TRAFFIC THAT THIS PROJECT WILL GENERATE, BUT THE TRAFFIC THAT IT'S GOING TO IMPACT, THAT'S ALREADY EXISTING.

THE TRAFFIC STUDY WAS, UH, CONDUCTED ON DECEMBER 17TH, 2019, AND WE HAVE SUBMITTED TO THE BOARD, UM, PUBLIC RECORD, UM, NEWSPAPER ARTICLES SHOWING THAT ON THE DAY THEY DID THIS COUNT AREA, SCHOOLS WERE CLOSED OR DELAYED.

SO AT THE EXACT TIME, THAT IS IMPORTANT TO THIS, UM, THIS USE, UH, SCHOOL TIME, UH, WORK TIME.

AT THAT POINT, SCHOOLS WERE CLOSED, SO THE TRAFFIC COUNT THAT WAS SUBMITTED IS SO SEVERELY, UH, UNDERCOUNTING THE AMOUNT OF TRAFFIC THAT'S ON THAT ROAD ALREADY.

UM, AND THEN FROM THERE, THEY WENT ON TO PREDICT THE LEVELS.

UH, THAT'S TRAFFIC LEVELS AND THE SERVICE LEVELS THAT WOULD BE, UH, ON CENTRAL PARK AVENUE AS A RESULT OF THIS PROJECT.

BUT WHEN YOU START WITH FAULTY DATA

[00:50:01]

UNFORTUNATELY, WE CAN'T GO OUT AND DO A NEW COUNT NOW BECAUSE EVEN RIGHT NOW THE NUMBERS ARE NOT ACCURATE BECAUSE OF CLOSURES DUE TO COVID AND PEOPLE NOT BEING IN THEIR NORMAL ROUTINES.

BUT, UM, THE DECEMBER 17TH STUDY SHOWED PEAK TRAFFIC, UH, BETWEEN THE HOURS OF EIGHT AND NINE IN THE MORNING MORNING, WHICH WAS THEIR HIGHEST WAS 1081 TRIPS BOTH DIRECTIONS.

THE ACKNOWLEDGED REAL ESTATE DATA SHOWS THAT CENTRAL AVENUE HAS APPROXIMATELY 25, 20 5,000 VEHICLES DAILY.

UH, WHEN YOU JUST EXTRAPOLATE THAT NUMBER, IT, IT JUST DOESN'T MAKE SENSE THAT REALLY A THOUSAND TRIPS AS OVER THERE WAS OR WOULD BE ON A NORMAL DAY.

UM, NOT SAYING THAT THIS WASN'T THE COUNT ON THAT DAY, BUT THAT'S NOT A NORMAL DAY ON THAT ROAD.

UM, THAT'S REGARDING TRAFFIC.

UM, THE OTHER MAJOR CONCERN IS THE PARKING AND THE CONFIGURATION OF THE PARKING LOT.

UH, AS YOU'VE SEEN, THE DRIVEWAY COMING INTO THAT LOT IS ONLY 15 FEET WIDE, AND YOU ARE LOOKING TO PUT CONSTANT IN AND OUT.

THE APPLICANT IS SAYING THAT THE TRAFFIC IS GONNA BE MOVING IN AND OUT OF THERE.

PEOPLE ARE DROPPING OFF THEIR CHILDREN AND LEAVING.

AND THAT'S THE JUSTIFICATION FOR NOT NEEDING SO MUCH PARKING.

IN THAT CASE, THAT DRIVEWAY IS GOING TO HAVE CONSTANT TWO-WAY TRAFFIC AT A 15 FOOT WIDE DRIVEWAY.

IT JUST SEEMS TO ME THAT THAT'S NOT A SUFFICIENT, UM, SPACE FOR THAT KIND OF TRAFFIC.

UM, I UNDERSTAND NOW THAT WITH THE 105 CHILDREN, INSTEAD OF, UM, THE 1 59 THAT WAS ORIGINALLY PROPOSED, THAT THE NUMBERS AS FAR AS PARKING DO GET BETTER.

UH, AND THAT WAS A MAJOR CONCERN, AND WE DO APPRECIATE THE FACT THAT, THAT THAT NUMBER REALLY COMES MUCH MORE IN LINE WITH WHAT'S REQUIRED.

BUT AGAIN, WITH MY CLIENT'S PROPERTY BEING DIRECTLY BELOW THIS, WE ARE CONCERNED ABOUT THE DROP OFF TIMES AND THE AMOUNT OF, UM, TRAFFIC ON DROP OFF.

THIS PLAN IS LEAVING 13 SPOTS OPEN FOR DROP OFF FOR 105 CHILDREN.

WHAT'S GONNA HAPPEN WHEN THERE ISN'T A SPOT, WHEN THERE'S ONLY FIF 13 SPOTS IN ORDER TO DROP OFF 105 CHILDREN, THOSE PARENTS ARE GONNA QUEUE DOWN THE DRIVEWAY.

THEY'RE GONNA COME OUT ONTO CENTRAL AVENUE, THEY'RE GONNA BLOCK MY CLIENT'S DRIVEWAY, OR THEY'RE GONNA PARK IN HIS PARKING LOT AND WALK UP THE HILL BECAUSE THE SIDEWALK IS RIGHT THERE NOW.

SO THAT'S GONNA BE EASIER THAN NAVIGATING THE PARKING LOT.

AND EVEN WHEN YOU COME UP, COME UP THE DRIVEWAY, YOU TURN THE CORNER, NOW YOU'VE GOT TWO-WAY TRAFFIC AND YOU'VE GOT PEOPLE PULLING IN AND OUT OF THESE PARKING SPACES TRYING TO DROP OFF THEIR CHILDREN.

IT'S, IT JUST DOESN'T WORK.

YOU WHEN YOU ARE PULLING UP, I'M NOW WAITING IN LINE TO GET INTO MY PARKING SPOT AND SOMEONE ELSE IS PULLING OUT.

SO NOW I'M BACKING UP THE DRIVEWAY WHILE YOU PULL OUT OF YOUR SPOT.

AND NOW I PULL IN OR I GO ALL THE WAY DOWN AND I SEE THAT THERE ARE NO SPOTS.

SO NOW I USE THAT TURNAROUND SPOT IN THE BACK, AND NOW I'M COMING BACK.

SO I AM COMING OUT WAITING FOR PARKING.

SOMEONE ELSE IS COMING IN WAITING FOR PARKING.

SOMEONE PULLS OUT OF THAT PARKING SPOT, AND NOW YOU'VE GOT THREE CARS ALL MOVING IN A SMALL AREA.

IT JUST DOESN'T SEEM APPROPRIATE FOR THIS TYPE OF USE.

UM, IT'S TOO NARROW.

UM, WHICH BRINGS ME TO THE NEXT PROBLEM, WHICH IS THERE IS CURRENT LITIGATION REGARDING THIS PROPERTY WITH MY CLIENT.

UH, CAN I ANSWER WHAT YEP.

WHATEVER LITIGATION THAT MAY BE TAKING PLACE IN REGARDS TO THIS PROPERTY THAT'S NOT WITHIN THE PURVIEW OF THE PLANNING BOARD? OUR, WE ARE LOOKING AT THE SITE PLAN AND, AND SO ANY SORT OF LITIGATION IS NOT THE APPROPRIATE TIME TO DISCUSS HERE BEFORE THE PLANNING BOARD.

THAT'S NOT SOMETHING THAT WE WILL CONSIDER THAT'S A SEPARATE ISSUE.

WE'RE ONLY LOOKING AT THE SITE

[00:55:01]

PLAN.

I, I APPRECIATE THAT.

AND MY ONLY POINT WITH THAT IS THERE COULD BE NO, NO, PLEASE, LET'S STAY AWAY FROM ANY POSSIBLE LITIGATION THAT'S NOT WITH THE PURVIEW OF THE PLANNING BOARD.

THIS IS FOR THE SITE EVALUATION.

CHAIR CHAIRPERSON, SIMON? YES, I DID WANT TO JUST ANNOUNCE FOR THE BENEFIT OF THE BOARD AND MEMBERS OF THE PUBLIC THAT WE DO HAVE, UH, JOHN CANNING, THE TOWN'S TRAFFIC CONSULTANT AVAILABLE AND ON THE CALL, UH, BY PHONE THIS EVENING, HE IS DOUBLE BOOKED.

HE HAS ANOTHER MEETING IN A DIFFERENT MUNICIPALITY.

SO IF THERE, I I JUST WANNA LET YOU KNOW HE'S AVAILABLE AT THIS MOMENT TO BE ABLE TO, UM, SPEAK TO SOME OF THE TRAFFIC AND PARKING RELATED COMMENTS THAT WERE RAISED.

UM, OKAY.

AT THIS TIME.

UH, ALSO THOUGH, UH, ALSO WE HAVE A FULL AGENDA.

SO WE NEED IF, UH, IF, IF, UH, IF THE SPEAKER WOULD LIKE TO GET SOME, UH, INPUT FROM, UH, JOHN COUNTY, NEED TO WRAP UP THE COMMENTS SO HE COULD SPEAK TO THOSE ISSUES BECAUSE WE HAVE A PRIVILEGE AGENDA THIS EVENING.

OR, UM, SO I WOULD ASK THAT THE APPLICANT, I MEAN THE SPEAKER WOULD LIKE TO PRESENT.

WELL, THAT WAS ESSENTIALLY IT.

WE HAVE MAJOR CONCERNS WITH THE TRAFFIC AND WORKING AND, OKAY, SO WE HAVE OUR TRAFFIC CONSULTANT, UH, AVAILABLE.

SO I, UH, I'LL HAVE HIM ADDRESS THOSE SO WE CAN GET THE QUESTIONS ANSWERED AND STILL BE ABLE TO GET THROUGH, UH, FULL AGENDA.

UM, AJO DID, WAS AVAILABLE TO HEAR THE QUESTION.

HE DID INDICATE TO ME THAT HE WAS AVAILABLE TO HEAR THE QUESTIONS.

YEAH, HERE, HE'S JOHN.

THEY'RE NOT PRESCHOOL FACILITIES.

SO I, I WAS TRYING TO LEARN HOW TO USE MY PHONE IF YOU CAN BELIEVE THAT.

UH, GOOD EVENING, MR. CHAIRMAN.

GOOD EVENING, MR. CHAIRMAN MEMBERS, THE BOARD.

I'VE BEEN LISTENING TO THE CONVERSATION AND, UM, AS YOU HAVE BEEN TOLD, THIS APPLICATION, THEY HAVE REDUCED THE NUMBER OF, UH, STUDENTS THAT THEY WILL HAVE ENROLLED FROM 159 TO 105, WHICH IS WHERE WE KIND OF GOT TO BASED ON OUR REVIEW OF THE TRAFFIC AND PARKING PRIOR TO THIS RECENT SUBMISSION, UH, BECAUSE OF THE CONCERNS, UH, THAT, UH, THE MOST RECENT SPEAKER HAD NOTED.

UH, I WILL NOTE THAT IN OUR MAY MEMO THIS YEAR ON PAGE TWO, WE DID ADDRESS THE ISSUE OF LOWER TRAFFIC VOLUMES WHEN THE COUNTS WERE CONDUCTED.

THE SPEAKER WAS CORRECT.

UH, WE ALSO NOTED THAT THE ANALYSIS THAT THE APPLICANT PROVIDED, UH, ASSUMED THAT THE BUILDING WOULD REMAIN EMPTY AND THEREFORE COMPARED THE IMPACT OF THE PROJECT TO AN EMPTY BUILDING AS OPPOSED TO THE OFFICE BUILDING, UH, IF IT WERE REOCCUPIED.

SO THESE KIND OF OFFSET EACH OTHER IN A LITTLE BIT.

UM, THAT BEING SAID, UH, WE, WITH THE ORIGINAL APPLICATION HAD SOME CONCERNS ABOUT THE NUMBER OF PARKING SPACES AND THE OPERATION OF THE SITE DRIVEWAY.

WERE LESS CONCERNED WITH THE STREETS, THE INTERSECTIONS, UP AND DOWN THE STREET BECAUSE, UM, UH, THE CAPACITY OF THOSE INTERSECTIONS IS SIGNIFICANTLY GREATER THAN THE DRIVEWAY.

UH, IN RESPONSE, UH, THE APPLICANT HAD, UH, VOLUNTEERED TO COME BACK TO THIS BOARD AFTER THEY HAD ENROLLED, UM, 102 OR 105 STUDENTS, UH, TO CONFIRM THAT THE PROJECTIONS WERE ACCURATE.

UM, I AM FAMILIAR WITH THE OPERATION OF DAYCARE FACILITIES.

PRESCHOOL FACILITY HAS A SET, UH, START TIME AND FINISH TIME, AND THEREFORE YOU GET A LOT OF ACTIVITY AROUND, LET'S SAY NINE AND 11.

IF IT'S A PRESCHOOL START AND FINISH TIME AT A DAYCARE FACILITY, TYPICALLY IT'S MORE SPREAD OUT.

IT DEPENDS ON WHEN, UH, THE PARENT HAS TO BE AT WORK.

AND SO, UH, EVEN IF THERE ARE 105 CHILDREN, YOU PROBABLY WANT MORE, HAVE MORE THAN 15, UH, OR, OR EVEN MAYBE AS MUCH, MANY AS 20, BUT DOUBTFUL AS MANY AS 20 AT ONE TIME.

AND, UM, BASED ON A REVEALS THE NUMBER OF SPACES, I KNOW THAT, UH, THERE HAS BEEN SOME DISCUSSION ABOUT ASSIGNMENT OF SPACES, AND IN PRINCIPLE, THIS IS THE WAY IT WOULD WORK.

YOU'LL DESIGNATE AN AREA FOR DROP OFF, AND THEN YOU'LL HAVE DESIGNATED AREA FOR STAFF.

BUT IN PRACTICE, WHAT HAPPENS IF, IF, UH, SOMEBODY COMES UP AND, UH, THE DROP OFF SPACES ARE FALLING, THEN THE STAFF STAFF SPACE NEXT TO IT IS EMPTY, THEN THEY'LL USE THAT.

UM, AND I BELIEVE THAT THERE'S ENOUGH, THERE'S ADEQUATE CAPACITY ON THE SITE TO ACCOMMODATE, UH, THE 105 STUDENTS BASED ON THE FACT THAT IT'S NOT A PRESCHOOL, UM, AND THAT THERE WILL BE, UH, UH, LESS CONCENTRATED DROP OFF AND PICK UP ACTIVITY.

SO,

[01:00:01]

UM, BASED ON A REVIEW OF THE RECORD, UH, I THINK THE BOARD IS PRETTY MUCH WHERE IT SHOULD BE AT THIS POINT IN TIME.

UH, WE'VE LOOKED AT THE TRAFFIC, WE'VE LOOKED AT THE PARKING, UH, THE EVIDENCE THAT HAS BEEN PROVIDED BY THE APPLICANT FROM THEIR OTHER FACILITIES, NUMEROUS OTHER FACILITIES, AND REVIEW THE I T E DATA SUPPORTS THE PARKING REQUIREMENTS FOR THIS DAYCARE FACILITY.

UM, SO THOSE ARE MY THOUGHTS ON THE INFORMATION THAT HAS BEEN PROVIDED THIS EVENING, AND I WOULD BE HAPPY TO ANSWER ANY QUESTIONS ANY MEMBERS OF THE BOARD MAY HAVE.

AND JOHN, WHAT ABOUT THE, UH, ABOUT THE DRIVEWAY ENTRANCE, THE WIDTH OF THE DRIVEWAY ENTRANCE, THE WIDTH OF THE DRIVEWAY? I DON'T THINK THE WIDTH OF THE DRIVEWAY ENTRANCE IS A MAJOR CONCERN.

IF ANYTHING, A A NARROW WIDTH IS A TRAFFIC CALMING FEATURE.

PEOPLE TEND TO TO DRIVE SLOWER WHEN THE ROADS ARE NARROWER.

SO I I, I'VE LOOKED AT THE SITE PLAN AND, UH, I'M NOT CONCERNED ABOUT IT.

I KNOW, AND THE BOARD HAS BEEN PROACTIVE IN THIS REGARD THAT THE FIRST THREE OR SO SPACES AT THE TOP OF THE DRIVEWAY HAVE BEEN, UH, RESERVED FOR STAFF PARKING.

AND STAFF WILL TYPICALLY GET THERE EARLIER AND LEAVE LATER AND NOT BE LEAVING OR ARRIVING IN THE BUSY PERIOD.

AND I KNOW THAT THE BOARD HAS, UH, REQUIRED THAT A STOP LINE AND STOP SIGN BE INSTALLED AT THE TOP OF THE DRIVEWAY OR THE WEST END OF THE DRIVEWAY JUST BEFORE YOU GET TO THE PARKING AREA.

I THINK THESE MEASURES ADDRESS THAT CONCERN.

WHAT ABOUT THE CONCERN THAT THE, UH, GENTLEMAN RAISED, UH, IN TERMS OF THE, THE LOCATION OF THOSE, UH, UH, UM, LINES ON THE ROAD, WHETHER OR NOT IT SHOULD BE, UH, UM, MORE PARALLEL OR PARTICULAR ANGLE? UH, DO, DO YOU HAVE ANY COMMENTS ON THAT? UH, I DON'T, I THINK THAT'S A TECHNICAL DETAIL.

UH, I COULD PROVIDE IT, I COULD LOOK IT UP AND PROVIDE IT TO, UM, UH, TO STAFF TOMORROW.

I CAN, YOU KNOW, D O T HAS A D O T HAS A, UM, A WEBSITE AND THEY HAVE THEIR STANDARD SHEETS UP THERE.

AND I DON'T WANNA SAY OFF THE TOP OF MY HEAD BECAUSE OKAY.

SO JUST TAKE A LOOK AT THAT, YOU KNOW? YEAH, WILL DO.

ARE THERE ANY OTHER QUESTIONS BY THE, THE BOARD, UH, FOR MR. KEN? IF NOT, I WILL ASK IF THERE ARE ANY OTHER MEMBERS OF THE PUBLIC WHO WOULD LIKE TO SPEAK ON THIS ISSUE? NO.

UH, MR. CHAIR? YES.

THIS IS, UH, JUSTIN MAHALICK, THE ARCHITECT.

I'M SORRY I JOINED LATE, BUT I BELIEVE THERE WAS A QUESTION FOR ME REGARDING, UM, MECHANICAL UNITS.

BASICALLY IS, IS THERE COULD BE, I GUESS THE, THE, OF THE RESIDENT WAS CONCERNED THAT WOULD, UH, THE MECHANICAL UNITS BE SIGNIFICANTLY NARROW THAN WORMS THAT ARE THERE THAT WAS PREVIOUSLY THERE? I THINK THAT WAS THE ESSENCE OF THE QUESTION.

THE ANSWER IS NO.

THEY WOULD BE, UM, THEY WOULD BE ROOFTOP UNITS, UM, WHICH ESSENTIALLY ARE WHAT IS CURRENT.

THERE ARE ACTUALLY SOME UNITS THAT ARE MOUNTED OUTSIDE OF THE BUILDING, WHICH WE DON'T INTEND ON DOING, UH, YOU KNOW, LIKE ON THE GROUND.

SO THESE WOULD ALL BE ESSENTIALLY ROOF, UM, AND WOULD NOT INCREASE ANY VOLUME OF, OF SOUND WHATSOEVER BEYOND, YOU KNOW, THE PROPERTY.

SO THAT ANSWERED THAT.

UH, ARE THERE ANY OTHER, UH, MEMBERS OF THE PUBLIC WHO HAVE A QUESTION ON THIS APPLICATION? YES, YES, YES.

THIS IS AGAIN, ADDRESSING, UH, THE CONSULTANT.

IS HE GONE OR WAS ABOUT TO CONSULT? THE CONSULTANT SAID HE WAS GONNA REFER TO, HE WAS GONNA, HE WAS GONNA CONSULT WITH D O T AND I HAVE THE BIG ISSUE WITH D O T, WHICH I'LL BRING UP IN ANOTHER TIME.

THAT'S ANOTHER ISSUE.

THEY SAID THAT HE WOULD TAKE A LOOK AT THE SPECIFICATIONS AND, AND, AND GET BACK TO US.

SO LET HIM TAKE, TAKE A LOOK AT THE SPECIFICATIONS AND WHEN HE COMES BACK, YOU COULD, YOU COULD COMMENT ON THOSE SPECIFICATIONS, BUT WE'RE NOT GONNA DEBATE THOSE SPECIFICATIONS NOW.

SO LET HIM GET, LET HIM LOOK THAT UP AND WE'LL HAVE AN OPPORTUNITY TO SPEAK AGAIN AFTER HE PROVIDE THE INFORMATION.

IF THERE'S NO, I HAVE A QUESTION.

UM, DEAN DEMO, THE NUMBER OWNER OF THE PROPERTY DIRECTLY IN FRONT OF FIVE NINE.

ENTRANCE, AND THAT WAS IT.

UH, THE QUESTION I HAVE IS PUBLIC SAFETY LOOKED AT THIS PROPERTY FOR FIRETRUCK

[01:05:01]

A PUBLIC SAFETY UNIT LOOKED AT THE PROPERTY AND FIRETRUCK AND GONE ON THE PROPERTY AND EXIT SAFELY.

SO, SIR, I WAS HAVING A LITTLE BIT OF TROUBLE HEARING YOU, BUT IF YOUR QUESTION WAS, HAS THE GREENBURG POLICE DEPARTMENT'S TRAFFIC AND SAFETY UNIT LOOKED AT THE PROJECT? THE ANSWER IS YES.

NO, THE FIRE DEPARTMENT.

OH, OH, YES.

THE APPROPRIATE FIRE DEPARTMENT HAS ALSO LOOKED AT THE PROJECT AS WELL.

AND WHAT WAS THE OPINION? THEY, THEY HAD NO ISSUE.

THEY, THEY DIDN'T IDENTIFY ANY ISSUE WITH THE, WITH THE PLAN IN TERMS OF FIRE AND SAFETY? THAT'S CORRECT.

WHAT WAS MY RECOMMENDATION? RECOMMENDATION? POSITIVE, POSITIVE RECOMMENDATION.

ARE THERE ANY OTHER MEMBERS OF THE PUBLIC WHO NEEDS TO SPEAK ON THIS ISSUE? OKAY.

UH, NOW, UH, THIS PROJECT HAS TO GO, UH, TO THE ZONING BOARD IN THIS, IN THE NEW CONFIGURATION.

AND, UH, THE PLANNING BOARD HAVE THE OPPORTUNITY TO MAKE A RECOMMENDATION.

UH, SO WE'LL AIM TO OBTAIN A PROPOSAL TO, UH, RECOMMENDATION FOR THE ZONING BOARD, UH, TO ANYONE, UH, WOULD LIKE TO GIVE AN OPINION ON THAT.

SO, CHAIRPERSON SIMON, JUST AS A MATTER OF COURSE.

SO THE PLANNING BOARD DID PREVIOUSLY ISSUE A RECOMMENDATION ON THE, ON THE VARIANCES.

UM, BUT OBVIOUSLY AS YOU HEARD THIS EVENING, THE REQUEST FOR THE PARKING VARIANCE HAS BEEN REDUCED.

UH, THE OTHER VARIANCES REMAIN THE SAME.

SO I JUST WANTED TO NOTE THAT.

SO WHEN, UM, AT THE TIME THE PLANNING BOARD CONDUCTED AND ISSUED A SECRET DETERMINATION, YOU HAD ISSUED A RECOMMENDATION TO THE ZONING BOARD, WHICH IT HAS IN ITS HAND.

BUT IF YOU'D LIKE TO ISSUE, UM, COMMENTS OR A RECOMMENDATION ON, ON THE REVISED APPLICATION, YOU'RE FREE TO DO SO.

SO IT'S OKAY, THIS CASE WE GAVE A POSITIVE BEFORE AND NOW THEY'RE MAKING A IMPROVEMENT TO, UH, UH, UH, I'M PROPOSE THAT A A ANOTHER POSITIVE RECOMMENDATION IS OBVIOUS BECAUSE NOW YOU HAVE AN IMPROVEMENT ON WHAT WE PREVIOUSLY INDICATED WAS POSITIVE.

SECOND, UH, THE, OH, OKAY.

SECOND MY MOTION, SIR.

UH, ALL THOSE, ANY DISCUSSION IF NOT ALL THOSE IN FAVOR OF ISSUING A POSITIVE RECOMMENDATION TO THE PLANNING, TO THE ZONING BOARD RAISING? NO.

UH, AND NO, NO.

UM, AS EXTENSION, THEREFORE, UH, UH, THE RECORD TO REFLECT THAT THE, UH, TRAINING BOARD IS MAKING A POSITIVE RECOMMENDATION, THE ZONING BOARD ON THESE EXCHANGES, THAT CASE.

UM, THANK YOU VERY MUCH.

THAT, OKAY.

SO AGAIN, WE'RE NOT THROUGH YET.

WE'RE NOT THROUGH YET.

NOW, YOU GOING BEFORE ZONING BOARD WHEN? TOMORROW NIGHT.

TOMORROW NIGHT.

SO, UH, UM, WE COULD DO A, UH, OKAY.

SO WE COULD CLOSE, CLOSE AGAIN.

WE'LL CLOSE THE PUBLIC HEARING AND KEEP THE RECORD OPEN TO NOVEMBER 25TH AND THE DECISION OF THE ZONING BOARD, UH, UH, HOPEFULLY WE'LL BE IN OUR HANDS ON THE, ON THE SET ON DECEMBER 2ND, SO WE COULD, UH, UH, UH, MAKE UH, DETERMINATION ON A DECISION FOR THIS APPLICATION.

ON SECOND WALTER'S MOTION.

WITH THAT SAID, SQL WAS ALREADY DONE.

SO WITH THAT SAID, I WILL, UH, PROPOSAL THAT THE CLOSE THE PUBLIC HEARING AND KEEP THE RECORD OPEN FOR THE NOVEMBER 5TH.

I JUST WANTED TO, BEFORE UH, UH, I GET THE SECOND.

THEN WE CAN HAVE A DISCUSSION.

I'LL HAVE A DISCUSSION ABOUT THAT.

A SECOND.

[01:10:02]

CAN WE HAVE, OKAY.

I, I'D LIKE TO DISCUSS IT FOR A SECOND.

UM, THE REASON I WANNA DISCUSS IT IS THAT WE DO HAVE OUR OPEN ISSUES FOR MR. CANNING STILL.

YOU ALSO PROMISED MR BOARD THE OPPORTUNITY TO APPLY ON SOME OF THE STUFF THAT HE IS DOING, WHICH HE CAN'T DO IF WE CLOSE THE HEARING.

SO I DON'T KNOW EXACTLY WHY WE'RE ABOUT CLOSING THE HEARING AT THIS POINT, IF THAT'S REALLY APPROPRIATE FOR THOSE TWO REASONS.

CAN WE GET FROM MR. CANNING AN IDEA WHEN HE CAN GET A RESPONSE IF HE CAN DO IT, BECAUSE HE, HE INDICATED TOMORROW IF WE LEAVE THE RECORD OPEN, IT WOULD GIVE SUFFICIENT TIME FOR MR. BODEN, UH, TO COMMENT IN WRITING.

IT WOULD'VE TO BE IN WRITING.

MR. BODEN JUST SEEM, UNDERSTAND THAT, NOT, NOT, UM, UH, VERBALLY.

I JUST WANNA MAKE, I DON'T WANT ANYBODY TO HAVE ANY MIS IMPRESSIONS IF THAT, AS LONG AS WE CAN DO THAT AND GET, GET, UM, ADD, YOU THINK MR. CANON CAN DELIVER AN ANSWER WITHIN THE NEXT, UH, WEEK OR SO? I THINK HE CAN DELIVER AN ANSWER BEFORE THE END OF THE WEEK, WEEK, WHICH I WILL FORWARD TO MR. BODEN.

SO IF THE PLANNING BOARD WERE TO CLOSE AND LEAVE THE RECORD OPEN THROUGH, UH, UH, THE 25TH, THAT WOULD GIVE MR. BODEN, UH, SEVERAL DAYS TO PUT ANY ADDITIONAL COMMENTS IN WRITING.

THUMBS UP AN SLIDE.

I JUST WANTED TO THANK YOU.

THAT, THAT, THAT WAS A VERY GOOD POINT.

YOU, YOU, YOU RAISED YOU.

I THINK THAT'S GOOD BECAUSE, UH, I DID INDICATE THAT HE WOULD HAVE THE OPPORTUNITY AND THIS WOULD ENSURE THAT HE HAS THAT OPPORTUNITY.

I DID HAVE ONE OTHER COMMENT BEFORE YOUR VOTE.

MR. SIMON? CHAIRPERSON SIMON? YES.

UM, JUST WITH RESPECT TO THE APPLICANT, IT HAD PROVIDED, YOU KNOW, THE REVISED SITE PLAN, BUT MENTIONED THAT IT WAS GOING TO BE PACKAGING TOGETHER THE FULL SET, AND I JUST WANTED TO KNOW IF WE CAN EXPECT THAT, UM, YOU KNOW, BY THE END OF THE WEEK OR EARLY NEXT WEEK.

UH, JESSE, COULD YOU, UH, CHIME IN ON THAT POINT? YEAH, SO WE HAVE THE FULL SET OF PLANS.

WE'LL JUST REACH OUT TO YOU, AARON, TOMORROW AND COORDINATE, UH, NUMBER OF COPIES AND WE'LL PROBABLY WORK WITH, UM, MR. KEARNEY'S OFFICE JUST TO MAKE SURE COVER LETTERS AND ALL THAT STUFF IS SQUARED AWAY TOO, BUT YOU, I WOULD THINK BY FRIDAY OR, OR MONDAY AT THE LATEST.

THANK, I'LL CALL FOR VOTE WALTER.

ALL IN FAVOR OF, UH, ANY HAVE THE MOTION CHAIRMAN? NO.

ALL FAVOR OF THE MOTION.

UH, AYE.

ABSTENTION.

OH, THAT'S ALL RIGHT.

WE, UH, ARE THERE ANY NOTES? NO OPPOSING OR NO OPPOSITION OF, OR BENCH? MOTION CARRIED.

OKAY, NOW WE WILL.

A MOTION, UH, UH, CALLS THE PUBLIC HEARING SECTION OF THE MEETING AND TURN TO LAST SESSION.

SO MOVED.

SECONDED FAVOR? AYE.

OPPOSED? WE REVERT BACK TO, UH, OUR WORK SESSION.

THE FIRST ITEM ON THE WORK ON, UH, OUR WORK SESSION IS THE EAGLE ENERGY STORAGE.

UH, WE HAVE AN APPLICANT OR REP REPRESENTING THAT APPLICANT, UH, CHAIRPERSON SIMON.

I THINK WE TALKED ABOUT A DIFFERENT ORDER, UM, OR AARON, A DIFFERENT ORDER.

WE WENT THROUGH, WE WENT THROUGH THE PUBLIC HEARING PUBLIC, AND THEN WE HAVE THE, UM, ELWOOD, THE, YEAH, I'M LOOKING AT THE OLD SYSTEM OF THE OLD ONE.

THE ELWOOD, FOR INSTANCE, THEN REFER BACK TO THE, UH, THE EAGLE, UH, ENERGY STORAGE.

SO, UH, NOW BEGIN WITH, UM, THE ELWOOD, UH, WAS THERE, AND I INDICATED TO THE BOARD PREVIOUSLY AND, UH, INDICATED TO THE APPLICANT THAT I, I WANTED, UH, THE PRESENTATION TO, UH, FOR THE PLANNING BOARD MEMBERS.

SO THEY HAVE A COMPLETE AND, AND CLEAR UNDERSTANDING OF WHAT'S IN THE D E I S AND WHAT ARE THE, THE FIVE D, UH, PLANS THAT ARE BEING PROPOSED.

THE PROS AND CONS OF

[01:15:01]

EACH.

UH, I INDICATED THE PLAN BOARD MEMBERS TO HOLD OFF QUESTIONS, UH, IN TERMS OF, UH, OPINING OR WHICH PLAN THEY LIKE BETTER, BUT RESTRICT THEIR QUESTIONS FOR CLARIFICATION.

AND THEN AT OUR DECEMBER 2ND MEETING, I WAS SET ASIDE A FULL HOUR FOR PLANNING BOARD MEMBERS TO ASK ALL THE QUESTIONS.

BY THAT TIME, YOU WOULD'VE SEEN THE PLANS FOR SEVERAL WEEKS AND WOULD HAVE GOTTEN, UH, PRESENTATION OF THE D E I S.

YOU WOULD GOTTEN THE, UH, THE PRESENTATION ON, UH, ON THE, UH, UH, THE VARIOUS PLANS.

AND THEN, AND GARRETT WILL ALSO EITHER BEGIN THIS MEETING OR ON THE SEVENTH SECOND MEETING, OUTLINE THE, UM, THE, THE, THE DUTIES OF THE, AND RESPONSIBILITY AND, AND OF THE PLANNING BOARD IN TERMS OF, OF WHAT GOES INTO THAT POINT.

UH, WHAT GOES INTO OUR RECOMMENDATION, UH, WHICH WILL THEN LEAD INTO A, UH, UH, A E I S FROM THE TOWN BOARD.

VERY GOOD CHAIRPERSON, SIMON.

I'M PREPARED TO DO THAT NOW.

UH, I HAVE A BRIEF PRESENTATION, JUST SORT OF A D E I S UH, PLANNING BOARD PRIMER.

UH, IT'S ABOUT FIVE MINUTES OR LESS, AND THEN WE'LL TURN IT OVER TO THE APPLICANT.

UM, WALTER, CAN I ASK ONE PROCESS QUESTION, WHICH IS THE SURE.

UM, HAVE, HAVE WE RECEIVED THE FIVE ALTERNATIVE PLANS? BECAUSE I DON'T BELIEVE I DID THE PLANS? YES, FOR THE, UH, UH, UH, UH, YEAH, WE, THE PREMISE WAS SENT OUT.

IF YOU DON'T, MICHAEL, WE CAN MAKE SURE, SURE.

THAT YOU GET THEM.

I KNOW THAT THEY WERE SENT OUT PERHAPS TWO, UM, MEETINGS AGO WHEN THE, UM, NOTICE OF COMPLETION WAS DONE.

BUT, UH, IF YOU DON'T HAVE THEM, WE'LL MAKE SURE THAT YOU GET THEM.

AND THEN PREVIOUS PACKET.

AND, AND, BUT I WOULD ASK THE APPLICANT, YOU KNOW, PUT THOSE ON THE SCREEN.

SO EVEN THOUGH YOU MIGHT NOT HAVE IT IN FRONT OF YOU, YOU'LL BE ABLE TO FOLLOW IT ON THE SCREEN.

YOU'LL, OKAY.

MC BAR, PLEASE BEGIN.

COMMENTS RAISED REGARDING THE D E I S WILL REQUIRE RESPONSES BY THE APPLICANT AND COMPRISE THE FINAL ENVIRONMENTAL IMPACT STATEMENT, WHICH YOU WILL ALSO REVIEW IN A SIMILAR FASHION AS YOU'RE REVIEWING THIS.

GOOD EVENING.

CHAIRPERSON SIMON AND PLANNING BOARD MEMBERS PRIOR TO THE APPLICANT'S PRESENTATION, I'D LIKE TO BRIEFLY REITERATE AND ORIENT YOU ON A FEW ASPECTS ASSOCIATED WITH THE ENVIRONMENTAL IMPACT STATEMENT PROCESS, WITH THE GOAL OF ASSISTING YOU TO BETTER UNDERSTAND THE PLANNING BOARD'S FUNCTION AS AN INVOLVED AGENCY.

AS YOU KNOW, THE TOWN BOARD AS LEAD AGENCY IN THE C PROCESS CERTIFIED THE DRAFT E I S AS COMPLETE, WHICH OCCURRED OCTOBER 28TH, THIS RESULTED IN THE CIRCULATION OF THE D E I S TO THE PLANNING BOARD AS AN INVOLVED AGENCY, AS WELL AS THE CIRCULATION OF THE DOCUMENT TO OTHER INVOLVED AND INTERESTED AGENCIES.

I WANT TO ASSURE YOU THAT THE PLANNING BOARD WILL CONTINUE TO BE HEAVILY INVOLVED THROUGHOUT THE SEEKER PROCESS BECAUSE THE PLANNING BOARD HAS SEVERAL POTENTIAL LAND USE BOARD APPROVALS WITH RESPECT TO THIS APPLICATION.

IF THE SITE IS ULTIMATELY REZONED BY THE TOWN BOARD TO BE A PLANNED UNIT DEVELOPMENT, REGARDLESS OF THE DENSITY PROPOSED, THE PLANNING BOARD WOULD HAVE SITE PLAN APPROVAL JURISDICTION.

IF THE SITE WERE TO BE PROPOSED TO BE DEVELOPED IN SOME FORM OF A SUBDIVISION WITHOUT A REZONING TO A PLAN UNIT DEVELOPMENT, THE PLANNING BOARD WOULD HAVE SUBDIVISION APPROVAL JURISDICTION IN EVERY REDEVELOPMENTS PROPOSAL.

STEEP SLOPE PERMITS AND OR WETLAND WATERCOURSE PERMITS WOULD BE THE PLANNING BOARD APPROVAL JURISDICTION.

THE E I S PROCESS IS UNIQUE AND DIFFERENT FROM THE STANDARD SITE PLAN AND SUBDIVISION APPROVAL PROCESSES THAT YOU'RE ACCUSTOMED TO.

THE E I S PROCESS HAS NOT OCCURRED TO COMPLETION IN THE TOWN IN SEVERAL YEARS.

THE LAST BEING THE E I S ASSOCIATED WITH THE PROCESS, WHICH REZONED LANDS NOW OWNED BY REGENERON FROM THE OB DISTRICT TO THE PLANNED ECONOMIC DEVELOPMENT DISTRICT.

AND THIS OCCURRED IN 2014.

TO DATE THE FOLLOWING SEEKER STEPS FOR THE ELMWOOD PROJECT HAVE OCCURRED, ESTABLISHMENT OF THE LEAD AGENCY, WHICH WAS THE TOWN BOARD, THE SCOPING DOCUMENT APPROVAL, WHICH OCCURRED IN SEPTEMBER 20TH, 2019.

THE D E I S CERTIFIED AS COMPLETE FOR REVIEW.

THAT WAS IN OCTOBER OF THIS YEAR.

THE KEY SEEKER STEPS THAT REMAIN ARE AS FOLLOWS, THE LEAD AGENCY INVOLVED AGENCIES AND INTERESTED AGENCIES AND MEMBERS OF THE PUBLIC PROVIDE COMMENTS ON THE D E I S.

THE SUBSTANTIVE

[01:20:01]

D E I S FOLLOWING THE F E I S, THE PLANNING BOARD AS AN INVOLVED AGENCY WILL PREPARE WRITTEN FINDINGS THIS EVENING.

THE APPLICANT WILL INTRODUCE YOU TO ITS PREFERRED DEVELOPMENT PROPOSAL FOR THE SITE, DISCUSS THE VARIOUS ALTERNATIVES IT WAS REQUIRED TO STUDY AS PART OF THE D E I S AND HIGHLIGHT KEY ASPECTS OF THE D E I S.

YOU WERE ENCOURAGED TO ASK QUESTIONS ABOUT ASPECTS OF THE PROPOSAL AND THE D I S THAT MIGHT NOT BE CLEAR TO YOU SIGNIFICANTLY.

HOWEVER, UNLIKE MOST PLANNING BOARD APPROVAL PROCESSES OR REFERRALS FROM THE TOWN BOARD WHERE YOUR QUESTIONS OR COMMENTS ARE IMMEDIATELY ANSWERED OR ANSWERED AT THE FOLLOWING MEETING, WHICH THEN HELP YOU TO MAKE AN IMPENDING APPROVAL DECISION IN THE E I S PROCESS, YOUR SUBSTANTIVE COMMENTS AND QUESTIONS WILL BE COLLECTED BY THE TOWN BOARD AND RESPONDED TO BY THE APPLICANT FOLLOWING THE TOWN BOARD'S CLOSE OF THE D E I S PUBLIC HEARING AND WILL BE INCLUDED AS PART OF THE FINAL ENVIRONMENTAL IMPACT STATEMENT.

JUST AS A REMINDER, THE TOWN BOARD IS SCHEDULED TO HOLD THAT D E I S PUBLIC HEARING ON JANUARY 27TH.

THE RESPONSES IN THE F E I S WILL ASSIST THE PLANNING BOARD, TOWN BOARD, AND OTHER INVOLVED AGENCIES TO PREPARE THEIR WRITTEN FINDINGS.

THE SUBSTANTIVE D E I S COMMENTS IN QUESTIONS THAT THE PLANNING BOARD TOWN BOARD, CONSERVATION ADVISORY COUNCIL, NEW YORK STATE DEPARTMENT OF TRANSPORTATION, AND MEMBERS OF THE PUBLIC AND OTHERS COME UP WITH.

AND THE RESPONSES TO THESE COMMENTS AND QUESTIONS IN THE FINAL ENVIRONMENTAL IMPACT STATEMENT WILL HELP ALL IN THE PROCESS AND LEAD TO A WELL-PLANNED DEVELOPMENT AT THE SITE FROM THE SEEKER HANDBOOK.

THEY NOTE THE FOLLOWING GOOD PRACTICES FOR COMMENTING ON A D E I SS CONSIDER WHETHER THE STUDIES CONDUCTED AND OTHER SOURCES CITED ARE ADEQUATE TO SUPPORT THE ANALYSIS AND CONCLUSIONS REPORTED IN THE DRAFT.

E I S IF THERE ARE DEFICIENCIES IN, IN THE DISCUSSIONS AND POTENTIAL IMPACTS, ALTERNATIVES OR MITIGATION.

IDENTIFY, IDENTIFY THOSE AND SUGGEST ADDITIONAL AND MORE APPROPRIATE STUDIES OR SOURCES TO AUGMENT THE DEFICIENT DISCUSSIONS.

GIVE CAREFUL ATTENTION TO THE COMPARATIVE ASSESSMENT OF ALTERNATIVES PRESENTED IN THE D E I SS AND OFFER ADDITIONAL REASONABLE ALTERNATIVES IF YOU CAN IDENTIFY SOME AND REVIEW ALL MITIGATION MEASURES THAT ARE ANALYZED AND SUGGEST ADDITIONAL REASONABLE MEASURES TO REDUCE ADVERSE ENVIRONMENTAL IMPACTS.

I'D LIKE TO NOTE THAT PROFESSIONAL PLANNER STEWART MESSINGER AND PROFESSIONAL TRANSPORTATION ENGINEER BERNARD ADLER OF CHASIN COMPANIES ARE PRESENT ON BEHALF OF THE TOWN CHASSIN, REVIEWED AND COMMENTED ON THE D E I S EXTENSIVELY BEFORE THE TOWN BOARD'S DETERMINATION OF COMPLETENESS.

STEWART AND BERNIE CAN ASSIST YOU IF YOU HAVE ANY QUESTIONS AT ANY TIME.

AT THIS POINT, I'D LIKE TO TURN IT OVER TO DAVID STEINMAN, ATTORNEY ON BEHALF OF THE APPLICANT TO WALK YOU THROUGH THE PROJECT.

THANK YOU VERY MUCH, MR. CHAIRMAN.

YOU'RE MUTED.

IF YOU WERE SPEAKING OKAY, UM, UH, JUST BEFORE, UH, JUST BEFORE, UH, MR. STEINMAN, UH, I'D LIKE TO JUST BY COMMENTS TO THE, UH, PLANNING BOARD MEMBERS, DEPENDING ON THE TIME, BECAUSE AFTER THE REVIEW THAT, UH, UH, UH, COMMISSIONER CAME MAY AFTER THE REVIEW.

AND IF WE HAVE TIME, THEN WE'LL OPEN IT UP TO QUESTIONS, UH, FROM THE PLANNING BOARD MEMBERS.

HOWEVER, THAT WILL DEPEND ON HOW MUCH TIME WE HAVE BECAUSE I WANT TO GET THROUGH TONIGHT'S AGENDA AND WE'LL HAVE, UH, A FULL OPPORTUNITY AT THE NEXT MEETING THAT, UH, TO ASK ALL THE QUESTIONS.

SO AS WE, IF WE FINISH EARLY AND WE START GETTING INTO QUESTIONS, I MIGHT, DEPENDING ON THE TIME, I MIGHT END THE QUESTIONING PERIOD, UH, SO WE CAN GET THEM TO NIGHT SHIFT GENERAL.

BUT YOU HAVE FULL OPPORTUNITY TO, TO ASK ALL THE QUESTIONS THAT NEEDED TO BE ASKED AT THE NEXT MEETING.

WELL, WALTER, WHY DON'T YOU TELL US, WHY DON'T YOU TELL US AT WHAT TIME DO YOU WANNA CUT OFF THE DISCUSSION? I THINK THAT MIGHT HELP.

ROAD FOR THE DEVELOPMENT.

WHAT TIME ARE, UH, EIGHT 30? LEMME SEE.

UH, EIGHT O'CLOCK.

I WANNA START.

I I'VE GOT, UH, SEVEN.

WHAT, WHAT IT SIX 30 NOW? UH, SEVEN 15.

[01:25:01]

HEY, ARE WE SET TO HEAR FROM MR. STEINZ? YES, MR. CHAIRMAN, MEMBERS OF THE BOARD, UH, DAVID STEINZ FROM THE LAW FIRM IS AARON AND STEINMETZ.

I'M GONNA TRY TO BE VERY BRIEF 'CAUSE GARRETT REALLY HIT MOST OF WHAT I WANTED TO ADDRESS.

I WANT TO INTRODUCE OUR ENTIRE TEAM IS HERE THIS EVENING FROM RIDGEWOOD REAL ESTATE PARTNERS, JONATHAN REBO AND BRETT OWENS, UH, FROM JOHN MEYER CONSULTING, J M C PLANNING AND ENGINEERING, JIM RYAN AND JAMES CARIS.

UH, MY COLLEAGUE, MAX MAHALICK, WHO WAS HERE EARLIER, IS WORKING ON THIS AS WELL.

HE'S OFF IN NEW ROCHELLE RIGHT NOW.

ALL OF US HAVE BEEN WORKING, UM, COOPERATIVELY, UH, AS A TEAM WITH THE TOWN, WITH THE TOWN'S CONSULTANTS IN RESPONDING TO THE, UH, EXTENSIVE SCOPE THAT WE RECEIVED FROM THE TOWN BOARD AS LEAD AGENCY WITH REGARD TO THE ELMWOOD SITE.

ELMWOOD SITE IS 109 ACRES.

IT'S SPLIT ZONE CURRENTLY BETWEEN THE R 20 AND OUR 30 ZONING DISTRICTS.

IT'S SPLIT BETWEEN THE ELMSFORD AND THE GREENBERG, UH, SCHOOL DISTRICT, ALL OF WHICH WERE TAKEN INTO A, WHICH WERE TAKEN INTO ACCOUNT IN GOING THROUGH THE ANALYSIS.

UH, JONATHAN REBO IS GOING TO WALK US THROUGH THAT IN, IN GREAT DETAIL.

UM, IN A MOMENT, ONE THING I REALLY FELT COMPELLED TO REMIND THE PLANNING BOARD, ALL OF YOU WERE INSTRUMENTAL IN HELPING US GET THIS PROJECT OFF THE GROUND.

AT THE BEGINNING, WE WERE SEEKING TO REZONE THE SITE AS THE, UH, COMMISSIONER INDICATED INTO A P U D AND TO UTILIZE THE R 20 ZONING BULK TO YIELD 175 ACTIVE ADULT TOWNHOUSE UNITS.

WE'RE GONNA TALK ABOUT THAT TONIGHT.

THE D E I SS TALKS ABOUT THAT IN GREAT DETAIL, AND WE COMPARE AND CONTRAST THAT WITH ZONING COMPLIANT OR AS OF RIGHT DEVELOPMENT AND A NUMBER OF OTHER ALTERNATIVES FOR US.

THE BOARD HELPED SET US ON THE PATH TO REEXAMINE THE SITE AND NOT JUST LOOK AT IT AS A, UH, SINGLE FAMILY RESIDENTIAL SUBDIVISION, BUT TO LOOK AT IT IN A FASHION THAT MIGHT YIELD A MORE MARKET APPROPRIATE ENVIRONMENTALLY SENSITIVE DEVELOPMENT.

THAT'S WHAT WE THINK OUR GARRETT USED THE PHRASE OUR PREFERRED DEVELOPMENT, UH, IS.

THAT IS WHAT THE D E I SS WAS PREDICATED UPON, ALTHOUGH THERE ARE A NUMBER OF OTHER ALTERNATIVES.

SO TONIGHT THE UNION WILL HAVE SOME TIME TO ASK QUESTIONS.

I'LL BE GUIDED.

OUR TEAM WILL BE GUIDED, MR. CHAIRMAN, BY YOU AND BY THE COMMISSIONER.

'CAUSE HE'S RIGHT, WE ARE ACTUALLY REQUIRED TO RESPOND TO ALL APPROPRIATE QUESTIONS IN WRITING IN THE F E I S.

I HOPE WE HAVE TIME TONIGHT AND ON DECEMBER 2ND TO HAVE SOME FORM OF A DIALOGUE, BECAUSE I DO BELIEVE OUR TEAM BELIEVES THAT YOUR BOARD CAN BE QUITE HELPFUL IN GUIDING, UH, THE VISION THAT ULTIMATELY WILL YIELD THE BEST APPROPRIATE DEVELOPMENT ON THE SITE.

AND WITH THAT, I'M GONNA TURN IT OVER TO JONATHAN SO THAT WE CAN MOVE THROUGH HIS PRESENTATION AS QUICKLY AS POSSIBLE AND ALLOW TIME FOR SOME PLANNING BOARD INPUT.

JONATHAN, GOOD EVENING.

UH, THANK YOU VERY MUCH, UH, BOARD FOR HAVING ME TONIGHT.

UM, I'M GONNA SHARE MY SCREEN IN A MOMENT, BUT I'VE SORT OF SPLIT MY PRESENTATION INTO A COUPLE OF PARTS.

THE FIRST PART IS JUST A LITTLE BACKGROUND ON THE SITE, WHICH DAVID AND GARRETT HAVE DONE A GOOD JOB, UH, STEALING MY THUNDER ON THAT.

UM, BUT THAT'S OKAY.

AND THEN THE SECOND PART IS REALLY ABOUT OUR PROPOSAL FOR THE 175 UNIT ACTIVE ADULT.

AND THEN WE'LL END WITH THE ALTERNATIVE SECTION.

UM, AND WE HAVE A BUNCH OF DIFFERENT MAPS THAT WE CAN BRING UP AND CHARTS, UH, THAT WILL GUIDE US THROUGH WHAT I THINK PROBABLY IS A LITTLE BIT MORE OF AN INTERACTIVE SECTION OF, OF THE PRESENTATION WHEN WE GET TO THOSE ALTERNATIVES.

AND THEN FROM A TECHNICAL STANDPOINT, IF THERE'S ANY TECHNICAL QUESTIONS, WE HAVE THE, THE J M C TEAM HERE, UH, TO ANSWER ANY, ANY TECHNICAL QUESTIONS.

SO WITH THAT, I'M GONNA HOPE THIS WORKS AND SHARE.

UM, SO AS, UH, AS WAS POINTED OUT, UH, ONCE AGAIN, THANKS FOR HAVING ME.

UM, BUT AS WAS POINTED OUT, WE, UH, WE ARE THE OWNERS OF THE FORMER ELMWOOD COUNTRY CLUB, EIGHT 50 DOBBS FERRY ROAD.

SITS BETWEEN THIS SPRAIN AND WORTHINGTON ROAD.

UM, THERE'S A, JUST A COUPLE.

I ALWAYS LIKE TO POINT OUT THAT THE CONED POWER LINES THAT GO THROUGH THE SITE ARE, IS NOT AN EASEMENT.

IT IS ACTUALLY OWNED BY CON EDISON.

UM, SO THAT LAND IS NOT INCORPORATED INTO OUR CALCULATIONS.

YOU'LL SEE A FEW TIMES THAT WE ACTUALLY ARE GOING TO GET PERMISSION TO CROSS THAT FOR SOME AMENITIES, BUT IT IS NOT INCLUDED IN OUR, IN OUR CALCULATIONS.

WHAT YOU SEE IN FRONT OF YOU RIGHT NOW IS 175, UNIT 55 AND OVER HUD DEVELOPMENT PLAN.

UH, WE HAVE, UH, OUR MAIN ENT, WE HAVE TWO ENTRANCES ALONG DOBBS FERRY

[01:30:01]

WE HAVE OUR MAIN ENTRANCE, WHICH IS, WHICH IS ACROSS FROM THE CAPITAL SENIOR HOUSING PROJECT.

AND WE HAVE A SECONDARY INGRESS AND EGRESS ACROSS FROM WESTCHESTER VIEW LANE TO NOTE THAT MOVES OUR CURRENT, THE CURRENT DRIVEWAY OR THE DRIVEWAY OF THE FORMER CLUB TO THE EAST.

A LITTLE BIT TO LINE UP WITH WESTCHESTER VIEW, MOVING IT AWAY FROM WORTHINGTON ROAD.

UM, AND THEN THE LAST THING YOU'LL SEE ON THIS PLAN, OR, OR, OR AS FAR AS INGRESS AND EGRESS IS THE, UM, NEAR THE PARK ON THE EAST SIDE, WHICH WE'RE PROPOSING IS AN ENTRANCE TO THE, AN ENTRANCE TO THE PARK.

UM, MOVING ON.

SO AS GARRETT SAID, THERE'S A, YOU KNOW, AS PART OF THE, WHOOPS, AS PART OF THE PROCESS, UM, TOWN BOARD AC ACTIONS, WE HAVE THE SECRET DETERMINATION, AND THEN WE HAVE THE ZONING MAP AMENDMENTS, WHICH INCLUDES THE REZONING TO AN R 20 AND A P U D OVERLAY.

UM, AND THEN I'VE LISTED SOME OF THE, SOME OF THE, THE MORE MAJOR PLANNING BOARD ACTIONS THAT INCLUDE THE SITE PLAN, THE SUBDIVISION APPROVAL, WETLAND PERMIT FOR SOME OF THE ADJACENT AREAS, STEEP SLOPES, TREE REMOVAL, AND, AND I'M SURE OTHERS THAT I, UH, THAT I DID NOT INCLUDE.

SO, AS WAS POINTED OUT, OUR PROPERTY IS ZONED R 20 AND R 30.

IN THE RESIDENTIAL ZONING DISTRICTS, WE ARE APPLYING FOR A PUD DESIGNATION TO ALLOW FOR A FLEXIBLE USE AND DESIGN AND DESIGN REGULATIONS THAT ALLOW FOR A SELF-CONTAINED RESIDENTIAL NEIGHBORHOOD OF A VARYING SCALE.

OUR GOAL WAS TO BE ABLE TO PRESERVE SOME OPEN SPACE, PROMOTE THE EFFICIENT USE OF LAND.

UM, WE'RE SURROUNDED BY A VARIETY OF COMPATIBLE HOUSING THAT INCLUDES SINGLE FAMILY TO OUR NORTH AND TO OUR WEST.

IT INCLUDES THE SENIOR HOUSING PROJECT ACROSS THE STREET ALSO, I'M SORRY, INCLUDES SOME SINGLE FAMILY HOUSING, UH, TO OUR SOUTH ON WESTCHESTER VIEW, UM, AS WELL AS WHAT I CALL COMMERCIAL RECREATION.

WITH THE DRIVING RANGE ACROSS THE STREET, UH, OUR PROPOSAL, WE BELIEVE PROVIDES AN ADDITIONAL HOUSING CHOICE FOR THE RESIDENTS OF GREENBURG'S AND THOSE IN THE SURROUNDING AREA.

UM, OUR PLAN INCLUDES A 200 FOOT OPEN SPACE BUFFER SURROUNDING THE PROPERTY, PROVIDING A GENEROUS SCREENING TO THE ADJACENT RESIDENTIAL PROPERTIES TO THE NORTH AND WEST.

UM, HOW WE CAME UP WITH 200 FEET, IT'S BASICALLY THE WIDTH OF A FAIRWAY.

SO TO PUT IT IN PERSPECTIVE, IT LEAVES AN OPEN SPACE THAT WAS THE HOLES, THE GOLF HOLES THAT WERE ON OUR NEIGHBOR'S BORDERS.

UM, WE'VE SPENT SOME TIME EXAMINING THE TREES AND PLAN ON PROTECTING A NUMBER OF THE EXISTING TREES, UM, TO THE EXTENT IT'S CONSISTENT WITH OUR GRADING AND DRAINAGE REQUIREMENTS.

UH, WE ALSO HAVE A PLAN AS, AS YOU MAY OR MAY NOT KNOW IF YOU'VE, IF YOU'VE EITHER PLAYED THERE OR WALKED THE SITE, UM, IT'S AN UNDULATING PIECE OF PROPERTY.

WE THINK THAT'S ONE OF THE, THE NEAT PARTS ABOUT THE PROPERTY.

AND WE HOPE TO BE ABLE TO TAKE ADVANTAGE OF SOME OF THOSE EXISTING FEATURES WHILE CREATING THAT WELCOMING AND ATTRACTED SETTING.

UM, SO OUR 55 AND OVER COMMUNITY, AND WE'LL GET INTO THIS IN A LOT OF DETAIL THROUGHOUT THE PROCESS, UM, 'CAUSE I THINK THIS IS REALLY ONE OF THE, THE GREAT ASPECTS OF OUR PROJECT IS, IS WHAT I CALL TRAFFIC.

AND THAT'S MADE UP OF NOT ONLY THE VEHICULAR TRAFFIC, WHICH IS, HAS LESS VOLUMES ASSOCIATED WITH OUR PROPOSED 55 AND OVER COMMUNITY.

UM, AND IT'S NOT BECAUSE PEOPLE HAVE LESS CARS OR PEOPLE WHO DON'T LIVE, THEY'RE JUST MOVING AT DIFFERENT TIMES.

SO RESIDENTS AREN'T NECESSARILY OUT THERE AT THE AM AND PM PEAK, UM, WHICH, WHICH WE'RE BUSY MEASURING, BUT WE CAN GET INTO MORE DETAIL ON THAT TRAFFIC AS, AS WE MOVE THROUGH THE PRO AS WE MOVE THROUGH THE PROCESS.

UM, WE PLAN TO ADD SIDEWALKS ALONG DOBB FERRY ROAD, ALONG THE FRONTAGE OF OUR PROPERTY.

UH, AS I SAID BEFORE ABOUT ABOUT THE PARK ENTRANCE, ONE OF THE, IF, IF WE'VE ALL GOTTEN OFF THE SPRAIN OR, OR ENTERED THE PARK ON THE NORTHERN SIDE OF DOBBS FERRY ROAD, IT'S, IT'S A CHALLENGING INTERSECTION AND DOESN'T ALIGN, UH, DOESN'T ALIGN BOTH SIDES OF THE SPRAIN.

UH, BY PUTTING A NEW ENTRANCE FOR THE PARK THAT WE'RE PROPOSING, IT WOULD ALLOW THE TOWN TO WORK WITH THE STATE IN POTENTIALLY RECONFIGURING THAT AREA OF DOBBS FERRY ROAD.

AND LASTLY, AS YOU'LL SEE IN FURTHER DETAIL ON OUR PLAN, WE'RE PROPOSING PUBLIC WALKING PATHS FROM THE NORTH AND WEST TO CONNECT TO THE RUMBO, TO CONNECT TO RUM BOOK PARK, ALLOWING THE RESIDENTS THAT LIVE ON THOSE SIDES OF THE PROPERTY TO NOT HAVE TO GET IN THEIR CAR TO GET TO RECREATION OR TO THE DOG PARK.

UM, AS A FORMER COUNTRY CLUB, THE PROPERTY HAS GRADUAL UNDULATIONS AND, AND THE, AND, UH, VARIABILITY IN THE TOPOGRAPHY, AS I TALKED ABOUT BEFORE.

[01:35:01]

AND THE INTENT OF OUR GRADING DESIGN WILL BE TO BALANCE THE EARTHWORK SO THAT NO EXCESS MATERIAL IS NEEDED TO BE BROUGHT IN OR OUT OF THE SITE, OR AT LEAST MINIMIZE THAT.

STARTED TALKING A LITTLE BIT ABOUT OPEN SPACE AND PARKS, AND I THINK THIS IS AN IMPORTANT STATISTIC WE'RE PROPOSING IN OUR PLAN, 45 ACRES OF OPEN SPACE, 14.2 ACRES OF PARK.

SO 59 OVER 59 ACRES OF OUR SITE IS TO REMAIN OPEN, WHICH IS MORE THAN 50% WITH THE REMAINING HALF TO BE USED FOR DEVELOPMENT.

UH, WE'RE NOT IMPACTING OUR WETLANDS OR OUR WATERCOURSE.

AND WE'RE ACTUALLY GONNA PUT SOME ENHANCED PLANTINGS AROUND SOME OF THE PONDS THAT ARE ON THE SITE.

OUR PROPOSED, UH, REZONING IS TO ALLOW FOR 175 AGE RESTRICTED TOWN HOMES, WHICH WE EXPECT WILL GENERATE 280 PEOPLE WITH NO SCHOOL AGE CHILDREN.

SO WITH OUR 55 AND OVER COMMUNITY, WE WILL RESTRICT IT THAT THERE WILL BE NO CHILDREN LIVING IN THE COMMUNITY.

I'M SURE THERE'LL BE PLENTY OF QUESTIONS, WE'RE PREPARED TO ANSWER THOSE AS WELL.

UM, WE BELIEVE WITH OUR AVAILABILITY OF ONSITE RECREATION, WHICH WILL INCLUDE TENNIS COURTS, SWIMMING POOL, CLUBHOUSE, AND WALKING TRAILS, IT COULD POTENTIALLY REDUCE SOME OF THE USE ON TOWN RECREATION RESOURCES.

WE'LL ADD THOSE TRAILS THAT I MENTIONED BEFORE TO ALLOW OUR ADJACENT SUBDIVISIONS TO CONNECT TO THE TOWN PARK.

AND WE ARE PROPOSING TO NOT ONLY DONATE 14.2 ACRES OF LAND, BUT WE'RE WILLING TO PROGRAM IT, MEANING WE'RE WILLING TO BUILD THE AMENITIES AND THEN DEDICATE THE ENTIRE FACILITY TO THE TOWN.

AS AN EXPANSION OF EAST RUM BOOK PARK, A LITTLE BIT ABOUT THE FISCAL AND ECONOMIC, UH, SITUATION AT THE SITE.

WE CURRENTLY PAY TWO, ABOUT $280,000 IN REAL ESTATE TAXES ON THE PROPERTY.

UM, WITH OUR PROPOSAL, WE HAVE FISCAL ANALYSIS THAT WOULD SHOW THAT WE'RE GONNA GENERATE ABOUT 2.7 MILLION OR MORE IN REAL ESTATE TAXES RESULTING IN A, IN A NET TAX BENEFIT OF $2 MILLION.

WITH THAT SAID, SEEING THAT WE HAVE NO KIDS IN THE, IN THE SCHOOL SYSTEM, WE'RE, WE'RE, WE'RE DIRECTLY IMPACTING THE TWO DIFFERENT SCHOOL DISTRICTS BY OVER $1.4 MILLION OF ADDITIONAL FUNDS.

WE ALSO BELIEVE, UH, THAT OUR PROJECT WILL, UH, CREATE 463 JOBS AND HAVE 28 MILLION OR MORE INDIRECT, INDIRECT AND INDUCED IMPACT ON THE ECONOMY.

UM, JUST A LITTLE TECHNICAL STUFF.

UM, WE'VE RECEIVED A WILL SERVE LETTER FOR, FOR WATER AND SEWER, SEWER FROM GREENBURG CONSOLIDATED WATER DISTRICT ADVISING THAT WE HAVE, THAT THERE'S SUFFICIENT CAPACITY.

UM, WE DO HAVE A WELL ON OUR SITE THAT WE PLAN TO USE, CONTINUE TO USE FOR IRRIGATION, UM, NOT FOR ANY POTABLE, UH, DRINK, YOU KNOW, POTABLE WATER, BUT FOR BEING ABLE TO IRRIGATE WITH OUR, WELL, UM, WE'RE IN THE SAWMILL SEWER DISTRICT, WHICH IS SERVED BY YONKERS JOINT WATER RESOURCE.

THERE'S, AND THAT FACILITY HAS AMPLE CAPACITY TO TREAT THE ADDITIONAL FLOWS THAT COULD BE, UH, OR THAT WOULD BE PRODUCED BY OUR PROJECT.

AND THERE IS NO INDICATION OF ANY ISSUES REGARDING DOWNSTREAM INFRASTRUCTURE.

UH, WE'VE RECEIVED A LETTER OF NO EFFECT FROM THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION.

SO NOW WE'RE GONNA, WE'RE GONNA GET INTO A LITTLE BIT OF THE ALTERNATIVES, SO I'M GONNA GO THROUGH THE ALTERNATIVES, AND THEN I'M GOING TO STOP MY, THIS SLIDE AND PULL UP, WELL, ACTUALLY, IT'S, IT'S UP AS WELL.

UM, AND I THINK THAT'S A POINT TO TAKE THE FIRST SET OF QUESTIONS AND THEN WE CAN BOUNCE BACK AND FORTH BETWEEN THE DIFFERENT PLANS.

SO, SO I JUST ACTUALLY GONNA JUST GO BACK TO SLIDE THREE FOR A SECOND SO YOU CAN REMEMBER WHAT OUR PROPOSED PLAN LOOKS LIKE.

THIS IS THE 175 UNITS WITH THE PARK, APPROXIMATELY A LITTLE MORE THAN 50% OF OPEN SPACE, UH, OPEN SPACE.

SO NOW WE CAN GO TO THE ALTERNATIVES.

SO I'LL FIRST, ALTERNATIVE B, ALTERNATIVE B IS THE ZONING COMPLIANT.

I'M SORRY, SIR.

BEFORE, BEFORE YOU GET INTO ALTERNATIVE, I WOULD ASK IF ANY OF THE BOARD MEMBERS HAVE QUESTIONS ABOUT THE, UM, THE ORIGINAL PROPOSAL, AND THEN WE COULD, WE COULD PRESENT A PLAN AND THEN WE COULD ASK SOME QUESTIONS AND, AND DO IT THAT WAY.

SO IT'D BE QUESTION.

THE, THE DESIGN WILL BE FRESH IN BOARD MEMBERS'S MINE.

HAPPY, HAPPY TO DO IT THAT WAY.

THANK YOU, SIR.

I HAVE A QUESTION.

UM, I, I, I SEE THAT THE BOARD HAS SITE APPROVAL, BUT

[01:40:01]

WHY DOES THE PLANNING BOARD HAVE SITE APPROVAL IF THIS IS MORE THAN FIVE ACRES? UH, MIKE, I CAN TAKE THAT ONE IF IT'S OKAY.

UH, SO THE ZONING ORDINANCE, UH, SPECIFIES AS SUCH, THE FIVE ACRE RULE HAS, UH, A MAJOR EXCLUSION OR AN EXCEPTION I SHOULD SAY.

AND THAT IS WITH RESPECT TO THE PD DISTRICT, WHICH IS ESSENTIALLY THE NON-RESIDENTIAL PLAN UNIT DEVELOPMENTS OR PLAN DEVELOPMENTS AND PLANNED UNIT DEVELOPMENT.

SO THE ZONING ORDINANCE, PROVIDES AN EXCEPTION, AND REGARDLESS OF THE ACREAGE, UH, IT'S PLANNING BOARD SITE PLAN, APPROVAL FOR ALL PLAN UNIT DEVELOPMENTS.

AND AS YOU RECALL, THE GRAYSTONE, FOR INSTANCE, UM, YOU KNOW, MUCH LARGER THAN, UH, YOU KNOW, FIVE ACRES AND THE PLANNING BOARD SITE PLAN APPROVAL JURISDICTION THERE.

OKAY, GO AHEAD.

GO AHEAD.

UM, UM, WHAT IS THE EXPECTED HEIGHT OF THESE UNITS? IT LOOKS LIKE IT'S THREE AND FOUR, UM, UNITS TOGETHER, BUT WHAT IS THE HEIGHT OF THIS BUILDING? UM, BRETT, CAN YOU UNMUTE AND, UH, YOU KNOW, THE, I THINK, ARE THEY 35 FEET? YEAH, THE, THE BUILDINGS, THEY'RE GONNA BE 35 FEET HIGH.

THEY'LL BE, UM, TWO STORY WITH A PEAKED ROOF, AND THERE'LL BE SOME WALKOUT BASEMENT.

JUST ONE .

I, I WOULD CALL THE TRADITIONAL TOWNHOME UNIT HOME UNIT.

WELL, MR. CHAIRMAN, I JUST A, A HOUSEKEEPING THING.

IT IS NOW 10 MINUTES OF SEVEN.

THERE IS NO WAY IF WE'RE ASKING QUESTIONS NOW THAT THESE PEOPLE GONNA GET THROUGH THE ENTIRE PRESENTATION.

I REALLY THINK THE ORIGINAL PLAN OF LETTING THEM JUST PRESENT THE ALTERNATIVES TONIGHT AND LET US DO A Q AND A ON DECEMBER 2ND MAKES A LOT MORE SENSE.

WE HAVE 25 MINUTES LEFT.

YEAH, I AGREE.

WELL, I'M LOOKING UP MY WATCH NOW.

SO LET'S GO THROUGH IT AND I'LL STICK TO MY REVIEW.

MR. CHAIRMAN, I, I ONLY HAVE ONLY A FEW MINUTES MORE OF THE PRESENTATION, SO YOU'LL HAVE SOME TIME IF YOU, IF YOU DEEM, UH, IF YOU WANT TO ASK ME QUESTIONS.

NO, NOT A PROBLEM.

I WILL GO TO MY END HERE, SO, ALRIGHT, .

SURE, SURE.

YEP, YOU GOT IT.

SO WHAT YOU SAW, JUST GOING BACK, THIS WAS OUR PROPOSED, THIS IS OUR PROPOSED PLAN, THE 175, UNIT 55 AND OVER PUD DEVELOPMENT.

AND THEN HERE ARE OUR ALTERNATIVES.

SO ALTERNATIVE B, THIS IS THE ZONING COMPLIANT ONE.

FAMILY RESIDENCE DISTRICT SUBDIVISION PLAN WITH NO AGE RESTRICTION AND NO PARK.

SO THIS IS, WE WOULD CALL IT ZONING COMPLIANT OR AS OF RIGHT, UM, THIS IS WHAT WE CAN DEVELOP ON THE SITE UNDER THE CURRENT ZONING.

THIS SHOWS 119 SINGLE FAMILY HOMES WITH, WITH THE R 20.

IN YOUR, UM, DOES MY CURSOR COME UP IN THIS? THERE'S A LITTLE HAND THIS SECTION UP HERE IN WHAT IS THE NORTHWEST SECTION OF THE SITE IS THE R 20 AS.

AND THEN THE REMAINING SITE, INCLUDING ON THE, UH, WHERE WE PROPOSED TO HAVE A PARK, ALL, EVERYTHING TOWARDS THE EAST IS A R 30.

SO SOUTH ALONG DOBBS FERRY AND WRAPPING AROUND ALL THE WAY EAST TO THE PARK IS THE, UH, IS THE R 30, WHICH, AS YOU KNOW, IS A MIX BETWEEN 20,000 SQUARE FOOT LOCKS IN THE R 20 AND 30,000 SQUARE FOOT LOCK IN THE R 30.

THERE ARE 29 R TWENTIES AND THERE ARE 90 R THIRTIES.

ALTERNATIVE C IS A ZONING COMPLIANT SINGLE FAMILY RESIDENCE DISTRICT SUBDIVISION PLAN WITH A P OVERLAY.

SO IN ESSENCE, WE CALL IT DETACHED CLUSTER HOUSING.

THIS HAS NO AGE RESTRICTION AND IT INCLUDES A PUBLIC PARK.

AND WHEN WE SAY THAT IT IS THE DEDICATION OF THE 14 ACRES TO, UH, TO FOR LAND, YOU KNOW, OF THE LAND, BUT NOT PROGRAMMING OF THE PARK.

OUR ALTERNATIVE D IS A ZONING COMPLIANT SINGLE FAMILY CLUSTER PLAN.

SO BOTH OF THESE PLANS, SO THE REASON WHY I DIDN'T GIVE YOU ANY STATISTICS IS BOTH PLANS HAVE 126 SMALL SINGLE FAMILY UNITS.

UH, THE AVERAGE LOT SIZE HERE IS JUST UNDER 6,000

[01:45:01]

SQUARE FEET.

SO IT'S 59, 53 ON THE AVERAGE LOT SIZE.

SO ONCE AGAIN, ALTERNATIVE C, ALTERNATIVE D, THE ONLY DIFFERENCE IS ALTERNATIVE D HAS AN AGE RESTRICTED 55 AND OVER COMPONENT, WHICH IS SIMILAR TO THE COMPONENT THAT WE HAVE IN OUR 175 UNIT TOWN HOME PLANT.

UM, ALTERNATIVE E IS THE REZONE A TO A MULTI MULTIFAMILY PUD WITH NO AGE RESTRICTION AND NO PUBLIC PARK.

THIS IS 175 TOWNHOUSES WITH NO AGE RESTRICTION.

THE LAND DEDICATED AS OPEN SPACE, THE 14 ACRES DEDICATED TO, UH, FOR OPEN SPACE AND, AND DONATED TO THE TOWN.

BUT ONCE AGAIN, NO, UH, NO PROGRAMMING OF THAT PARK OR CONSTRUCTION.

WHEN WE SAY PROGRAMMING, WE MEAN THE CONSTRUCTION OF THE FACILITIES IN THE, IN THE, UH, IN THE PARK BALL FIELDS, UH, FOOTBALL FIELDS, THINGS LIKE THAT.

UM, AND THEN LAST IS THE EXISTING IS A, UM, IS THE EXISTING ZONING COMPLIANT MULTIFAMILY HUD DEVELOPMENT WITH AN AGE RESTRICTION AND A PUBLIC PARK? SO YOU MIGHT ASK WHAT'S THE DIFFERENCE HERE? THIS HAS 126 TOWN HOMES, UM, WHICH IS THE CALCULATION, UM, IN BOTH OF THESE PLAN, I'M SORRY, IN FOR THE 1 26 IS A CALCULATION USING THE R 20 AND R 30 ZONING BECAUSE AS DAVID, UH, STEINMETZ AND GARRETT POINTED OUT EARLIER, OUR PROPOSAL HAS A REZONING TO ALL R 20 AND THEN THE PUD, WHICH GETS TO THE 175 UNITS.

DAVID, DID I EXPLAIN THAT CORRECTLY? YEAH, YOU DID.

OUR FIRST NORTHERN SUBDIVISION AND, UH, CUL-DE-SAC, UH, AS WELL AS THE SECOND CUL-DE-SAC, WHICH IS ON OUR EASTERN, UH, WHICH IS THE EASTERN ONE.

JUST MAKING SURE.

SO THAT'S, UM, JUST, I'M GONNA GO JUST THROUGH 'EM ONE MORE TIME AND THEN I CAN CONCLUDE.

SO ABOUT OUR ALTERNATIVES.

SO ALTERNATIVE B IS THE ZONING COMPLIANT PLAN OF SINGLE FAMILY HOMES.

ALTERNATIVE C IS A SINGLE FAMILY, SMALL, I'LL CALL THIS A SMALL SINGLE FAMILY OR CLUSTERED HOUSING OF 126 UNITS WITH NO AGE RESTRICTION, SAME PLAN, BUT WITH AN AGE RESTRICTION.

AND THEN WE MOVE ON TO A TOWNHOME PLAN WITH NO AGE RESTRICTION.

THIS IS THE 175.

SO THIS IS IN COMPARISON TO, TO THE PROPOSED PLAN, BUT WITH NO AGE RESTRICTION.

AND THEN LASTLY IS THE, UM, IS THE EXIST IS ALTERNATIVE F, WHICH IS THE 126 TOWN HOMES UTILIZING THE CURRENT CALCULATION OF R 20 AND R 30.

SO JUST WANTED TO, TO SUMMARIZE AND THEN WE CAN GO TO TO QUESTIONS IF, IF YOU WOULD LIKE WITH THE LAST 20 MINUTES.

UM, WE BELIEVE THE BENEFITS TO THE, TO THE PLAN THAT WE HAVE PROPOSED IS THERE'S LESS TRAFFIC UNDER A 55 AND OVER RESTRICTED COMMUNITY.

WE HAVE INCREASED AMOUNT OF OPEN SPACE COMPARED TO THE, UH, ZONING COMPLIANT PLAN BY MULTIPLES BY HALF OF OUR SITE WOULD BE OPEN SPACE AND PUBLIC PARK, WHICH IS MY NEXT POINT, WHICH IS THE PARK EXPANSION AND PROGRAMMING THAT WE'RE PROPOSING, UH, COMPARED TO ALSO THE ZONING COMPLIANT PLAN.

WE'RE SHOWING A 200 FOOT BUFFER BETWEEN OUR EXISTING HOMES AND THE DEVELOPMENT.

AND THEN WE HAVE A DIVERSIFICATION OF HOUSING OPTIONS, WHICH I THINK IS, IS AN INTERESTING CONVERSATION, MORE THEORETICAL TO HAVE PROBABLY AT A LATER DATE, WHICH TALKS ABOUT THAT THERE REALLY IS NO ACTIVE ADULT, UM, TOWNHOUSE, YOU KNOW, OR, OR DOWNSIZING AS YOU MAY, AS YOU MAY WANT TO CALL IT, UM, PLAN OR, OR, OR, UH, PROJECTS OR DEVELOPMENTS, UH, AVAILABLE FOR PEOPLE TO MOVE INTO EITHER GREENBURG RESIDENTS OR OTHER RESIDENTS OF, UH, OF WESTCHESTER.

SO THAT'S REALLY A CONCLUSION.

I JUST WANTED TO POINT OUT ONE THING, 'CAUSE I TALKED ABOUT IT A FEW TIMES.

THE 200 FOOT BUFFER IS ON THIS PLAN.

IT IS REALLY THE GREENWAY THAT YOU SEE ACROSS THE TOP AND ACROSS THE, ACROSS THE, UH, TOP BEING NORTH AND, UH, THE LEFT BEING THE WEST SIDE.

AND YOU'LL SEE IN MORE DETAIL ON THE PLANS THAT YOU WERE SENT.

THERE IS A DOTTED LINE THAT SHOWS THAT 200 FEET AS WELL AS HERE IS THE WALKING TRAIL THAT MEANDERS A ACROSS THE NORTH AND PULLS IN FROM THREE, UH, FROM THREE DIFFERENT STREETS.

IT PULLS IN FROM OUR NORTHWESTERN CORNER,

[01:50:01]

THAT SAID, IN COMPARISON IN OUR SUBDIVISION THAT IS ZONING, UH, COMPLIANT, WE DO SHOW A CONNECTION TO OVER HILL ROAD FOR, UH, THAT FOR TRAFFIC FOR CARS, WHICH WE DON'T SHOW, WHICH I THINK IS ANOTHER BENEFIT OF OUR, UM, OF OUR PROPOSED PLAN.

SO THAT'S WHAT I HAVE THIS EVENING.

UM, DAVID DID, I DIDN'T KNOW IF YOU WANTED TO JUST WRAP IT UP FOR, I WANNA THANK JONATHAN, THAT WAS TERRIFIC AND THANK YOU FOR COVERING ALL THAT.

I WANNA MAKE ONE, I THINK IMPORTANT POINT TO CLARIFY FOR THE PLANNING BOARD MEMBERS, THE VARIOUS ALTERNATIVES THAT WERE PRESENTED AND STUDIED IN THE D E I S WERE NOT ALTERNATIVES THAT RIDGEWOOD CAME UP WITH AND SAID, HERE, WE'RE GONNA PUT THEM INTO THE DOCUMENT.

THESE WERE ALTERNATIVES THAT WE WERE ASKED SPECIFICALLY TO STUDY BASED UPON THE OUTSIDE PROFESSIONAL CONSULTANTS AS WELL AS THE TOWNS COMMITTEE THAT HAD BEEN FORMED, UH, TO MAKE RECOMMENDATIONS AND THE CULMINATION OF THE SCOPE SCOPING PROCESS.

THE REASON WAS, AND FOR THOSE OF YOU THAT HAVE GOTTEN YOUR HANDS DIRTY AND STARTED TO GO THROUGH THE D E I S AND THOSE WHO WILL, YOU WILL SEE THAT THERE'S A TREMENDOUS AMOUNT OF ANALYSIS THAT WE DO WITH THESE ALTERNATIVES TO COMPARE AND CONTRAST AND TO SHOW IN EFFECT WHY RIDGEWOOD CONCLUDES THE PREFERRED PLAN THAT YOU HAVE IN FRONT OF YOU IS TRULY THE PREFERRED PLAN AND THE BEST ALTERNATIVE FOR THE SITE FROM AN ENVIRONMENTAL, FISCAL, FUNCTIONAL, AND TRAFFIC STANDPOINT.

AND THANK YOU.

SO DAVID, I WAS JUST GONNA PUT THAT UP SO I CAN SEE ALL THE DETAILS A MINUTE OR TWO ON THAT.

SO AT THE END OF THE ALTERNATIVE SECTION, OUR TEAM PUT TOGETHER A CHART THAT ANALYZES ALL OF THE DIFFERENT ALTERNATIVES THAT WE PRESENTED OR WERE ASKED TO, UH, AS DAVID SAID, ASKED TO STUDY FOR A SCOPING SESSION.

WE COULD SPEND A LOT OF TIME AND, AND AFTER YOU'VE HAD A CHANCE TO DIGEST WHAT WE SAID TODAY, DECEMBER 2ND IS PROBABLY THE, THE RIGHT TIME TO DIVE INTO A LOT OF THE, THE FACTS AND FIGURES.

BUT JUST DRAWING YOUR ATTENTION AS, AS TO THIS SORT OF, AS WE CALL IT, THE EIGHT PAGE ALTERNATIVE SECTION.

UM, THERE IS, UH, THERE IS, UH, A NUMBER OF FACTS AND FIGURES THAT GO EVERYTHING FROM, FROM THE ZONING TO THE, OBVIOUSLY THE ACREAGE IS THE SAME, BUT IT TALKS ABOUT WETLANDS AND BUFFERS AND HOME SIZES, WATER AND SEWER DEMANDS, ALL THE WAY DOWN TO TRIP AND TRAFFIC GENERATION.

SO THAT IS A PLACE I DRAW YOUR ATTENTION TO OF, YOU KNOW, AT THIS POINT OF THE PROCESS IS A, IS A GOOD PLACE TO, TO BE GOING BACK AND FORTH WHEN YOU'RE LOOKING AT THE DIFFERENT ALTERNATIVES.

I THINK.

MR. CHAIRMAN, THAT CONCLUDES OUR AFFIRMATIVE PRESENTATION FOR TONIGHT.

WE'RE HAPPY TO ENGAGE IN DISCUSSION, ENTERTAIN YOUR QUESTIONS, UM, AND, AND, UH, LOOK FORWARD TO TONIGHT AS WELL AS DECEMBER 2ND.

BRING IT TO THE NEXT MEETING? YES, DAVID, JENNIFER, A RENDERING OF A TYPICAL UNIT OR WHAT A TYPICAL WE, WE, I, WE'VE EVEN, WE HAVE THOSE PREPARED AND I THINK IT WAS EVEN SUBMITTED, BUT WE'LL HAVE THOSE, UH, WE CAN HAVE THAT FOR THE SCREEN, BUT I THINK IT'S IN, IT'S IN THE, UH, IT IS IN THE D I S BUT WE'LL HAVE THAT AS A SEPARATE RENDERING.

IT, IT, IT IS CURRENTLY SEVEN O'CLOCK AND, AND, UM, AND RATHER THAN TRYING TO SQUEEZE IN QUESTIONS FOR THE LAST 10 MINUTES, I WOULD, UH, UH, RATHER PRESERVE THOSE 10 MINUTES FOR THE REST OF THE, OF THE, UM, AGENDA SO WE CAN MAKE SURE WE FULLY GET THROUGH IT BECAUSE JUST TO TRY TO SQUEEZE IN 10 MINUTES OF QUE QUESTIONS.

I THINK IT'S, ESPECIALLY NOW THAT WE HAVE THIS INFORMATION AND IT'S GONNA BE A FULL DIS DISCUSSION, UH, HOW WE START OR SECOND, SECOND READING, THEN I THINK THAT, UH, THAT WILL BE SUFFICIENT FOR TONIGHT.

I WOULD LIKE TO THANK YOU FOR THE PROFESSIONAL, VERY PROFESSIONAL AND IN FORMATIVE PRESENTATION.

UH, WE HAVE A LOT OF INFORMATION THAT WE AS A BOARD AND TAKE THE TIME TO STUDY, AND I'M QUITE SURE, AND, UH, WE SEND THE MEETING, WE'LL HAVE MANY, MANY QUESTIONS TO ASK REGARDING TO THIS APPLICATION.

SO THANK YOU VERY MUCH FOR THE PRESENTATION AND STEVEN, THANK YOU FOR HAVING US AND IF THERE'S ANYTHING IN PARTICULAR THAT COMES UP OVER THE NEXT FEW WEEKS, PLEASE, YOU KNOW, SO THAT WE CAN BE PREPARED, WE'LL CHECK IN WITH, WITH AARON AND GARRETT, BUT WE'LL BE PREPARED TO ANSWER QUESTIONS, UH, AT DECEMBER 2ND.

SO THANK YOU VERY MUCH, WALTER.

WALTER, IS THERE ANY, UH, YOU RENDERING, IS THERE ANY RENDERING THAT, UH, APPLICANT HAS SO THEY CAN

[01:55:01]

WE PREPARED THOSE, THERE'S PHOTO SIMULATIONS CORRECT FROM VANTAGE POINT, SO, UM, WE'LL, WE CAN, UM, DRAW YOUR ATTENTION TO THAT VIA EMAIL SO YOU KNOW EXACTLY WHICH SECTION TO FIND THOSE IF YOU WANT, IF THAT'S YOUR INTEREST.

THANK ONE PROCEDURAL QUESTION BETWEEN NOW AND THE DECEMBER 2ND.

UM, AND YOU NEED NOT ANSWER THIS TONIGHT IF, IF GARRETT, AARON, AND DAVID COULD JUST THINK THROUGH WHAT THEY WANT US TO RESPOND TO AT THE DECEMBER 2ND MEETING JUXTAPOSED VERSUS WHAT THEY WANT TO MAKE SURE IS RESPONDED TO IN WRITING IN THE F E I S AND, UM, WE'RE, WE'RE EXTREMELY PLEASED THAT WE'RE HERE IN ADVANCE OF THE FORMAL D B I S PUBLIC HEARING.

DO NOT GET ME WRONG.

WE'RE, WE'RE, THAT HEARING IS NOT UNTIL JANUARY 27TH.

AND WE'RE GONNA MAKE VERY PRODUCTIVE USE OF THE, THE INTERIM BY WORKING WITH YOUR BOARD AND WE'VE ALREADY MET WITH SOME OTHERS.

UH, BUT JUST SO THAT WE DON'T CREATE A MISSTEP HERE, WE'RE OBLIGATED AS A MATTER OF SE, QL REGULATION TO RESPOND IN WRITING.

AND GARRETT, YOU AND I SHOULD HAVE A DISCUSSION ABOUT THAT BETWEEN NOW AND THE SECOND.

WELL, AND TO FOLLOW UP ON THAT, IF, UH, ANY OF THE BOARD MEMBERS HAVE QUESTIONS, UH, WE DO NOT HAVE TO WAIT TO OUR DECEMBER MEETING, YOU KNOW, SHE OFF TO GARRETT SO HE COULD MAKE THE APPLICANT, UH, UH, UH, PREPARED.

SO WHEN, UH, THEY WILL MAKE THAT MEETING ON DECEMBER THAT MUCH MORE EFFECTIVE IF WE HAVE QUESTIONS WITH, WE COULD RELATE TO THE APPLICANT STAND.

SO I ENCOURAGED, UH, PLANNING BOARD MEMBERS TO, UH, TAKE ADVANTAGE OF THAT OPPORTUNITY AND FORWARD ANY QUESTIONS THAT YOU MIGHT HAVE TO GARRETT, UH, PRIOR TO THE MEETING.

I THANK YOU AGAIN FOR THE PRESENTATION.

AND AARON, THANK YOU FOR THE COORDINATION.

VERY AWESOME.

ENJOY THANKSGIVING EVERYONE.

YOU HAVE A GOOD NIGHT.

YOU TOO.

UH, MR. CHAIR, UM, BEFORE WE GO, THERE WAS ONE ITEM IN CORRESPONDENCE THAT WAS AN EXTENSION.

WE THOUGHT MAYBE THIS WOULD BE A GOOD TIME TO DO THAT BEFORE WE GET INTO THE NEXT TWO ITEMS. YEAH.

THANK YOU, DAVID.

AND, AND, UH, I, I SAW THAT, AND I HAVE SOME QUESTIONS, BUT AARON, YOU, YOU, I HAVE NOTICED SOME MORE BACKGROUND ON THIS AND, UH, UH, UM, I SPOKE TO AARON.

HE SAID HE COULD PROVIDE THAT BACKGROUND, SO WOULD NOT REQUIRE THE APPLICANT TO COME BACK BECAUSE THAT WAS MY INITIAL, UH, RESPONSE IF HE DIDN'T HAVE ENOUGH, UH, BACKGROUND.

SO IF HE CAME, UH, ADAM ON THE BACKGROUND OF THIS EXTENSION REQUEST, HAPPY TO DO SO.

SO THIS RELATES TO CASE NUMBER PB 17 DASH 14.

UH, IT WAS A VACANT LOT ALONG SOUTH KEELEY AVENUE WHEREBY THE PLANNING BOARD ISSUED A STEEP SLOPE PERMIT, UH, IN CONNECTION WITH THE PROPOSED CONSTRUCTION OF A SINGLE FAMILY HOME ON THE LOT.

UH, THAT APPROVAL WAS GRANTED ON DECEMBER 6TH, 2018.

UH, IT'S CURRENT SET TO EXPIRE ON DECEMBER 6TH, 2020.

SO, UM, THE, THE DEAL WITH THIS PROJECT SITE IS THAT, UM, THERE IS A BUYER AND, UM, THEY ESSENTIALLY, THEY UNDERSTAND THAT THEY HAVE TO STAY WITHIN, YOU KNOW, THE APPROVED LIMITS OF DISTURBANCE IN CONNECTION WITH THE APPROVED STEEP SLOPE PERMIT.

THEY HAVE BEEN NOTIFIED OF THAT.

UM, THEIR INITIAL PROPOSAL WAS TO VARY FROM THE APPROVED LIMITS OF DISTURBANCE.

AND TOWN STAFF WAS ABLE TO INDICATE TO THEM THAT, YOU KNOW, IF THEY WERE TO VARY, THAT THEY WOULD HAVE TO COME BACK FOR AN AMENDED APPROVAL THROUGH THE PLANNING BOARD.

UM, SO THEY'RE MULLING IT OVER AND IN THE PROCESS OF MULLING IT OVER, THEY REALIZE THAT THE ORIGINAL PERMIT WAS UP, UM, FOR EXPIRATION, AND THEREFORE THEY'RE SEEKING, UM, THE EXTENSION AT THIS TIME WHILE THEY MAKE A DECISION AS TO WHETHER OR NOT THEY'LL MOVE FORWARD WITH WHAT WAS ALREADY APPROVED BY THE PLANNING BOARD OR COME BACK TO THE BOARD FOR AN AMENDED APPROVAL.

SO THE APPLICANT COMPLETELY UNDERSTANDS THAT, UM, THEY ARE, YOU KNOW, THEY'RE CERTAINLY CONTEMPLATING DEVELOPMENT OF THE PROPERTY WITH ONE SINGLE FAMILY RESIDENCE AS

[02:00:01]

WAS APPROVED.

AND AS OF TODAY, THERE'S BEEN NO SITE DISTURBANCE.

SO THEY EXPLAINED THAT THEY OUTLINED, UH, A FEW THINGS WITHIN THEIR BULLETED LETTER.

THIS WOULD BE THE FIRST EXTENSION REQUEST.

UM, AND I HAD FELT, AND STAFF HAD FELT THAT, UM, YOU KNOW, IT WAS DETAILED ENOUGH, ALTHOUGH I KNOW THAT CHAIRPERSON SIMON WANTED ME TO DIVE INTO IT A LITTLE BIT WITH YOU THIS EVENING.

IF YOU HAVE ANY QUESTIONS, I'M HAPPY TO ANSWER.

ARE THERE ANY QUESTIONS FROM THE BOARD MEMBERS REGARDING, UH, TO YOUR EXTENSION FOR ON THIS, UH, UH, UH, A PERMIT, UH, STEEP SLOPE PERMIT EXTENSION? IF NOT, I'LL ENTERTAIN A, A MOTION TO, UH, GRANT AN EXTENSION OF THIS STEEP SLOPE, UH, PERMIT OF THE STEEP SLOPE PERMIT.

YOU HAVE A SECOND? I'M SORRY.

I THINK MICHAEL.

ALL IN FAVOR? HOW LONG IS THE EXTENSION? IT'S TWO YEARS.

IT IS A TWO YEAR EXTENSION, MICHAEL.

UP TO TWO YEARS.

THEY'VE SOUGHT A TWO YEAR.

DID MICHAEL MAKE THE MOTION? YES, MICHAEL MADE THE MOTION AND I SECONDED IT.

YES, I I ALL THOSE IN FAVOR OF THE TWO YEAR EXTENSION, PLEASE INDICATE.

IYE OPPOSE, UH, AB, I MEAN ABSTENTION, I, UH, MOTION FOR THREE YEAR EXTENSION ON, UM, THE APPLICATION PP 1714.

OKAY, NOW LET'S MOVE.

OKAY, NOW, UH, LET'S MOVE INTO THE, UH, THE NEXT APPLICATION WITH, UH, UM, WHICH WAS, UH, UH, P UH, TB 2 0 0 9, UH, WHICH, UH, PLAN BOARD, UH, PB 2018, WHICH IS A REFERRAL FROM, UH, THE TOWN BOARD, UM, FOR THIS IS FOR STEEP SLOPE, UH, AND WETLANDS.

UH, UH, THE TOWN BOARD MADE A DECISION ON, UH, MAKES A DECISION ON THE, ON THE SPECIAL PERMIT, BUT WE LIKE TO, WE HAVE TO MAKE A RECOMMENDATION ON WETLAND AND THE TYPICAL SITE CHAIR CHAIRPERSON.

WHAT CHAIRPERSON, LET ME JUMP IN JUST FOR A MOMENT.

SO, UM, JUST TO CLARIFY, SO THE TOWN BOARD DOES HOLD SPECIAL PERMIT AND AMENDED SITE PLAN APPROVALS.

THEY DID REFER AS REQUIRED UNDER THE CODE.

THEY REFERRED THE AMENDED SITE PLAN APPLICATIONS TO THE PLANNING BOARD, WHICH YOU'VE DISCUSSED, UM, UH, ONCE BEF, UH, TWICE BEFORE.

AND, UM, ADDITIONALLY, THE PLANNING BOARD HAS APPROVALS ON A STEEP SLOPE PERMIT AND A WETLAND WATERCOURSE PERMIT.

IF THE PROJECT MOVES FORWARD, THE PLANNING BOARD WOULD ULTIMATELY HAVE A PUBLIC HEARING ON THOSE TWO ITEMS. BUT, UM, WE HAVE AT YOUR REQUEST, STAFF HAS PREPARED TWO RECOMMENDATIONS, UM, FOR YOU TO CONSIDER, UM, AFTER HEARING FROM THE APPLICANT, AND I KNOW THERE'S BEEN A LOT OF CORRESPONDENCE, BUT, UM, YOU, AT YOUR REQUEST, WE PREPARED A DRAFT RECOMMENDATION ON THE AMENDED SITE PLAN REFERRAL, AND THEN WE ALSO PREPARED A DRAFT RECOMMENDATION, UM, THAT THE PLANNING BOARD WAS CONSIDERING MAKING TO THE TOWN BOARD RELATED TO A POTENTIAL ZONING TEXT AMENDMENT WITH RESPECT TO THE SPECIAL PERMIT PROCESS ASSOCIATED WITH THESE TYPES OF FACILITIES AND OTHER SIMILAR FACILITIES.

SO I JUST WANTED TO CLARIFY THAT FOR THE BOARD, FOR THE APPLICANT, AND FOR ANYONE FROM REPUBLIC.

UH, RECOMMENDATION, UH, TO THE TOWN BOARD THAT WILL HAVE TWO SECTIONS IN THAT RECOMMENDATION.

AND WE, AND WE REALIZE, UH, THAT, UH, AT THE TIME WE PREPARED THEM, UH, YOU KNOW, THAT WAS BASED ON THE MEETING, UH, THE, THE PRIOR MEETINGS WE HAD.

WE UNDERSTAND THAT THERE HAVE BEEN, THERE'S BEEN ADDITIONAL CORRESPONDENCE THAT HAS, UH, COME, UH, WITHIN THE LAST WEEK ACTUALLY FOR THE LAST HOURS ALSO.

YEAH, THERE HAS BEEN SEVERAL, UH, UH, DISCUSSIONS THAT WE, AND CORRESPONDENCE THAT WE RECEIVED AND, AND SPEAKING AT OUR, UM, UH, UH, PRE, UH, PRE PLANNING FOR MEETING FOR STAFF, UH, UH, UH, I'M RECOMMENDING THAT, UH, WE MAKE ONE,

[02:05:01]

THE FIRST SECTION WILL BE, YOU KNOW, THE STANDARD THINGS THAT WE COVER IN ANY RECOMMENDATION WILL BE LOOKING AT THE STEEP SLOPE AND THE, UH, UH, THE WETLANDS AND ALL THE OTHER ISSUES THAT WE, UH, UH, UH, TALK ABOUT IN THE STEEP SLOPE.

AND THEN THE SECOND PART OF THE SAME RECOMMENDATION BACK TO THE TOWN BOARD, WE'LL HAVE A DISCUSSION ON, UH, THE CURRENT CODE AND, UH, AND HOW AND APPLICABILITY OF THE APPLICATION THAT, UH, THAT WE, UH, DISCUSSING.

SO IN THE DISCUSSION, IN THE QUESTION THERE, THERE WILL BE QUESTIONS, UH, THAT WILL STRICTLY BE FOCUSED TOWARDS, UM, UH, UH, OUR RECOMMENDATION ON, ON THE SITE PLAN ON THE WETLANDS AND WATER COSTS.

BUT THERE ALSO BE QUESTIONS THAT WILL HELP US TO MAKE A RECOMMENDATION ON THE CODE ITSELF.

SO EVEN THOUGH IT IS NOT DIRECTLY APPLICABLE TO THE APPLICATION, IT'S INFORMATION THAT WE CAN BE ABLE TO USE IN DEVELOPING THE SECOND PART OF THE, THE, UM, OUR RECOMMENDATION.

SO, SO BEAR WITH US THAT SOME OF THE QUESTIONS YOU MIGHT SAY, WELL, THAT DOESN'T DIRECTLY RELATE THROUGH, UH, UM, UH, YOUR APPLICATION, WHICH MIGHT BE TRUE, BUT HAVE MUST, BUT IT MIGHT HAVE A LOT OF APPLICATION TO OUR, OUR, UH, RECOMMENDATION ON THE CODE.

SO WITH THAT SAID, UH, UH, YOU, UH, I HAVE THE APPLICATION, THE APPLICANT PROCEED.

THANK YOU, UH, MR. CHAIRMAN, MEMBERS OF THE BOARD, TOWN COUNCIL AND STAFF, UH, THANK YOU FOR THAT.

MY NAME IS LENO SHERETTA, PARTNER WITH MONTE BONO CON AND FRANK ON BEHALF OF THE APPLICANT, UH, EAGLE ENERGY STORAGE.

UH, AGAIN, JUST TO THANK YOU ALL TONIGHT FOR HAVING US.

I KNOW WE HAD A MEETING, UH, A COUPLE WEEKS AGO BEFORE YOUR BOARD, UH, WHICH WE THOUGHT WAS VERY PRODUCTIVE, AND I KNOW, UM, YOU HAD A LOT OF GOOD QUESTIONS.

AND I'D LIKE TO THINK THAT WE ENTERED, UH, MOST OF THEM, UH, TONIGHT.

JUST BY WAY OF INTRODUCTION.

WE HAVE ON OUR, OUR TEAM TONIGHT, WE HAVE FROM TRAVIS SOLAR, WE HAVE JANE ROBINSON.

UH, WE ALSO HAVE ON THE LINE, WE HAVE FARINO AND ASSOCIATES.

WE HAVE JERRY POST AND VINCE FARINO FROM THAT FIRM, UH, FROM INSIGHT NORTHEAST ENGINEERING, WE HAVE JOHN ROMEO.

AND LASTLY, WE HAVE PAUL ROGERS AND GEORGE HOWE FROM ENERGY STORAGE RESPONSE GROUP, UH, MR. CHAIRMAN AND MEMBERS OF THE BOARD.

UH, JUST A QUICK RECAP.

UH, I KNOW YOU'RE ALL FAMILIAR WITH THIS PROJECT.

WE PRESENTED IT A COUPLE OF TIMES.

UH, WE WERE LAST HERE A COUPLE OF WEEKS AGO, AND, AND SINCE WE WERE HERE, WE DID MEET WITH THE P A C, AND I KNOW THERE'S BEEN SOME CORRESPONDENCE WITH RESPECT TO THAT.

UH, WE ALSO RECEIVED THE LETTER FROM THE BUILDING INSPECTOR DATED NOVEMBER 12TH REGARDING HIS, UH, VIEW THAT THE PROPOSAL, UH, THAT WE HAVE HERE IS CONSISTENT WITH THE, UH, SPECIAL PERMIT USE UNDER SECTION 2 85 DASH, UH, TEN FOUR.

UH, AND THEN WE ALSO RECEIVED CORRESPONDENCE FROM THE ELMSFORD FIRE DEPARTMENT, UH, REGARDING THEIR SUPPORT OF, OF THIS PROJECT IN LIGHT OF THE FACT THAT WE WILL BE PROVIDING CERTAIN TRAINING FOR THE ELM, UH, ELMSFORD FIRE DEPARTMENT.

UH, AGAIN, WITHOUT FURTHER ADO, WHAT I'D LIKE TO PRESENT NOW, MR. CHAIRMAN AND MEMBERS OF THE BOARD, WE'VE ALSO SUBMITTED A LETTER THIS, THIS EVENING IN RESPONSE PRIMARILY TO SOME OF YOUR CONCERNS AT THE LAST MEETING AND ALSO TO THE C A C.

WHAT I, WHAT I'D LIKE TO DO, IF IT'S OKAY, IS JUST TO HAVE JOHN ROMEO JUST GO THROUGH THAT FROM A HIGH LEVEL, UH, TO TALK ABOUT THAT LETTER, WHAT WE SUBMITTED, AND HOPEFULLY, UH, WE CAN ANSWER ANY QUESTIONS THAT YOU MAY HAVE.

JUST, JUST A SIDE NOTE, UH, YOU MAY BE AWARE, WE, WE DO HAVE A PUBLIC HEARING, UH, SCHEDULED ON THIS APPLICATION, UH, WHICH ANTICIPATES HOPEFULLY A, A POSITIVE RECOMMENDATION FROM YOU ALL TONIGHT, UH, ON NEXT TUESDAY, THE NOVEMBER 24TH, UH, AT THE TOWN BOARD.

SO, AGAIN, UH, WE WOULD HOPE TONIGHT AFTER YOUR QUESTIONS AND HOPEFULLY ARE ANSWERED, THAT WE CAN GET SOME TYPE OF RECOMMENDATION TO THE TOWN BOARD THIS EVENING TO ALLOW US TO HAVE THAT PUBLIC HEARING, UH, NEXT WEEK.

SO, AGAIN, WITHOUT FURTHER ADO, AND I THANK YOU FOR YOUR TIME IN ADVANCE, I'D LIKE TO INTRODUCE YOU NOW, MR. CHAIRMAN, MEMBERS OF THE BOARD TO, UH, JOHN ROMEO FROM INSIGHT NORTHEAST ENGINEERING.

[02:10:01]

THANK YOU LINO.

THANK YOU MEMBERS OF THE BOARD.

THANK YOU, MR. CHAIRMAN.

UH, AS LENO MENTIONED, WE'RE GONNA START WITH JUST A, A HIGH LEVEL OVERVIEW OF THE DOCUMENT THAT WE SUBMITTED THIS EVENING AND JUST SOME OF THE UPDATES, AND THEN TURN IT OVER TO ALL THE MEMBERS OF THE BOARD TO ASK ANY QUESTIONS THAT THEY HAVE.

UH, DURING OUR, UH, MEETINGS WITH THE C A C AND WE RECEIVED A COUPLE PIECES OF CORRESPONDENCE BOTH BEFORE AND AFTER OUR MEETING.

UH, THERE WERE SEVERAL, UH, CONCERNS BROUGHT UP WITH REGARDS TO SAFETY, AND WE TRIED TO DO OUR BEST TO ANSWER THOSE.

AS NINA MENTIONED, ONE OF OF THE ITEMS THAT CAME UP, UH, WAS THE LETTER OF SUPPORT FROM THE VILLAGE FIRE CHIEF.

WE DO HAVE THAT IN HAND AS OF TODAY, AND ALL OF YOU SHOULD HAVE BEEN PROVIDED THAT.

UM, SOME OF THE, THE ITEMS THAT CAME UP WAS WHETHER OR NOT, UH, WHAT HAPPENS WITH THE BATTERIES IF THEY GOT INUNDATED WITH WATER, BECAUSE WE WERE RECOMMENDING BASED ON, UH, TALKING WITH TESLA AND TALKING WITH THE FIRE DEPARTMENT, FLOODING THEM WITH WATER, YOU KNOW, FIGHTING, UH, THE FIRE WITH WATER.

AND IN THE EVENT THAT AN EXTERNAL FLOOD HAPPENS OUTSIDE OF A FIREFIGHTING EVENT, THE SYSTEM ITSELF WOULD SHORT OUT, UH, AND AS IT'S DESIGNED TO IT, IT WOULD FAULT.

UH, SO THERE, THERE'S NO PROBLEMS ASSOCIATED WITH THAT.

SAME THING GOES WITH HOT TEMPERATURES.

UH, THE BATTERIES ARE DESIGNED TO WORK, UH, IN TEMPERATURES UP TO 122 DEGREES FAHRENHEIT.

I KNOW GLOBAL WARMING IS A CONCERN.

THESE BATTERIES ARE ACTUALLY IN PLACE TO, TO, TO TRY TO FIGHT AGAINST GLOBAL WARMING IN THAT, IN THAT FIGHT.

SO THEY'RE, THEY'RE FULLY OPERATIONAL UP TO 122 DEGREES BEYOND THAT, THEY WOULD START TO SELF-REGULATE AND SHUT THEMSELVES DOWN.

ALRIGHT, UH, THERE WAS SEVERAL QUESTIONS THAT THAT CAME UP WITH REGARDS TO JUST SAFETY OF THE SYSTEM AND THE LINES ITSELF.

YOU CAN OBVIOUSLY READ MY DETAILED, UH, QUESTIONS, UH, IN OUR AND AND RESPONSES, BUT LONG STORY SHORT, THE SYSTEM'S ABLE TO BE SHUT OFF REMOTELY OR IN PERSON AT THE SWITCHGEAR.

UM, AND IT CAN BE SHUT OFF AT, AT BOTH ENDS.

UH, THE SHUTOFF WOULD BE IMMEDIATE, UH, YOU KNOW, VERY SHORTLY THEREAFTERWARDS WITH THAT SYSTEM TO DISENGAGE.

THE SAME THING HAPPENS IF, IF THERE WAS AN EMERGENCY.

SO IF, UH, FOR SOME REASON THE LINES CAME DOWN, UH, OR THERE WAS SOME SORT OF EMERGENCY, UH, STRATUS SOLAR HAS COMMITTED TO HAVING SOMEBODY ON THE PHONE AVAILABLE WITHIN 15 MINUTES OR LESS OF SAID INCIDENT BEING REPORTED OR PICKED UP FROM THEIR SYSTEM.

NOW WE DO ANTICIPATE THAT THE LOCAL, UH, EMERGENCY RESPONSE WOULD BE THE FIRST PEOPLE ON SITE BEING THAT THEY'RE IMMEDIATELY, UH, ADJACENT TO THE, THE SITE.

AND FROM THERE STRATA, UH, WHOEVER'S OPERATING THE SYSTEM AT THE TIME, DEPENDING ON THE TIME OF DAY, WOULD HAVE A NUMBER OF RESPONSES, UH, TO GET PEOPLE OUT THERE, DEPENDING ON WHETHER OR NOT IT'S A FAULT OR DOWN THE LINE, SIMILAR TO ANY OTHER TYPE OF UTILITY HAVING AN ISSUE, WHETHER IT'S A WATER MAIN BREAK OR JUST A A A BRANCH COMING DOWN ON THE, ON THE LINE.

AS WE'VE TALKED ABOUT WITH THIS, UH, WE'RE, WE'RE REALLY TRYING TO KEEP THESE LINES, UM, AWAY FROM ANY EXISTING OVERHEAD, UH, BRANCHES.

UH, SO THE ROOTS THAT WE'VE, UH, SELECTED ARE GENERALLY GOOD IN, IN THAT OPTION.

AND THE SAME THING WITH THE, THE SITE ITSELF.

YOU KNOW, WE'VE CLEARED SOME ADDITIONAL TREES THAT WE'VE INCLUDED ON OUR SITE TO, TO ENSURE THAT THERE'S, THAT THERE'S NO PROBLEMS. SOME OF THE OTHER ITEMS THAT CAME UP WITH REGARDS TO SAFETY WAS WITH DRILLS FOR THE FIRE DEPARTMENT AND WHAT SAFETY PRECAUTIONS WE'RE PROVIDING.

STRATA HAS COMMITTED.

BUT WE CERTAINLY WANNA MAKE SURE THAT EVERYBODY IS TRAINED TO SAFELY FIGHT ANY SORT OF EMERGENCY THAT MAY CAME UP IN THE UNLIKELY EVENT.

ALRIGHT, WITH REGARDS TO ANY OF THE ABOVE AND BELOW GROUND LINES, AS I MENTIONED, UH, YOU KNOW, WE, WE'VE TRIED TO ADDRESS ALL OF, UH, THOSE CONCERNS.

THE OTHER CONCERN THAT GOT BROUGHT UP, UH, WAS THE INTERFERENCE WITH ANY OTHER UTILITIES.

NOW WE ARE REGULATED BY, UH, N N E C.

UM, SO THERE CANNOT BE ANY SORT OF ELECTRICAL INTERFERENCE, UH, YOU KNOW, ELECTROMAGNETIC INTERFERENCE WITH ANY OTHER SORT OF UTILITY THAT WOULD BE THERE, WHETHER OR NOT IT'S COMMUNICATIONS LINES OR OTHER ELECTRICAL LINES THAT SIMPLY CANNOT HAPPEN AS PART OF THIS PROJECT.

UM, THE OTHER ITEM, WHICH WAS ALSO BROUGHT UP BY THE BOARD, WAS THE NOISE.

AND I KNOW THAT STRATA SOLAR IS WORKING AND, UH, IF THEY HAVE NOT ALREADY SUBMITTED SOME INFORMATION WITH THAT, THEY WILL BE DOING THAT WITHIN THE NEXT DAY.

UH, REGARDING NOISE LEVELS, UH, FOR ADJACENT FACILITIES OR NEARBY FACILITIES, THAT WOULD BE COMPARABLE TO THE, THE NOISE OUTPUT.

FOR REFERENCE, A QUIET LIBRARY IS ESTIMATED TO HAVE A, A NOISE LEVEL OF 40 DECIBELS, AND WE'RE ESTIMATING THAT JUST FROM THIS FACILITY, IGNORING ALL OTHER SORTS OF AMBIENT NOISE AND IGNORING THE TOPOGRAPHY AND SCREENING THAT WE'RE PROVIDING, THE AMBIENT NOISE LEVEL WOULD BE LESS THAN 33 DECIBELS FROM OUR SITE AT THE NEAREST RESIDENCE TO THIS FACILITY.

KNOW THAT THAT'S SOMETHING WE'VE TALKED ABOUT WITH ALL OF YOU.

UM, THERE WAS A NUMBER OF QUESTIONS BROUGHT UP WITH REGARDS TO THE CORPORATE STRUCTURE OF STRATA.

I'M GONNA JUST GLOSS OVER THAT QUICKLY AND CERTAINLY WE CAN TALK ABOUT THAT LATER IF WE WOULD LIKE.

UM, BUT, UH, I

[02:15:01]

JUST TO PUT IT IN PERSPECTIVE, YOU KNOW, STRATAS HAS, UH, YOU KNOW, OVER 2000 MEGAWATTS OF CAPACITY, WHICH THEY, THEY OWN 800 MEGAWATTS WITH.

THEY'VE DEVELOPED OVER 2000 MEGAWATTS AND THEY'RE MAINTAINING ROUGHLY 3,500 MEGAWATTS OF ENERGY ASSETS.

THEY HAVE SOMEBODY ON STAFF, UH, UH, THE WHOLE DEPARTMENT THAT'S STAFFED 24 7 TO BE ABLE TO HANDLE ALL OF THESE EMERGENCY RESPONSES.

AND REGARDLESS OF THE CORPORATE STRUCTURE, STRATA AND EAGLE ENERGY ARE VERY WELL EQUIPPED TO, TO MANAGE THIS PROJECT AS THEY'VE DONE THIS MANY TIMES IN THE PAST.

IN ADDITION TO THIS, TESLA HAS OVER 1000 MEGAWATTS OF BATTERY ENERGY STORAGE.

WITH THESE SYSTEMS CURRENTLY IN PLACE OPERATIONAL, THAT NUMBER IS ONLY GOING TO DRASTICALLY INCREASE WITHIN THE COMING YEARS.

AS, UH, WE'VE PREVIOUSLY NOTED THIS TECHNOLOGY, WHILE NOT NECESSARILY NEW, HAS RECENTLY BECOME VERY COST EFFECTIVE.

SO THAT NUMBER, AND WITH THE NEED FOR A BATTERY ENERGY STORAGE SYSTEM TO HANDLE THE INCREASED, UH, LOAD FROM WIND AND SOLAR, IT, UH, IS ONLY GONNA INCREASE EXPONENTIALLY.

UM, WITH REGARDS TO MAINTENANCE, STRATA HAS AGAIN STATED THAT THEY WILL BE HANDLING ALL OF THE, THE MAINTENANCE FOR THIS.

UM, AND, UH, WHETHER OR NOT DIRECTLY OR INDIRECTLY THROUGH A THIRD PARTY THAT THEY HIRED, THEY'VE COMMITTED TO DOING THAT.

SAME THING GOES WITH DECOMMISSIONING.

THEY HAVE, UH, BASICALLY COMMITTED TO PROVIDING A DECOMMISSIONING BOND TO HANDLE THE PROJECT.

ALL ITEMS OF THE PROJECT ITSELF ARE VALUABLE, EXTREMELY VALUABLE TESLA AND HAS COMMITTED TO TESLA ITSELF, HAS COMMITTED TO TAKING ALL OF THE BATTERIES BACK TO THEIR FACILITY AT NO COST TO ANYBODY ELSE.

IF FOR SOME REASON THEY ARE, UH, YOU KNOW, AT THE END OF THEIR LIFESPAN 40 YEARS FROM NOW, THEY'VE COMMITTED TO, TO DOING THIS.

AND WHAT WE DISCUSSED WITH THE C A C AND WITH ALL OF YOU IS, UH, THE MEANS AND METHODS OF, OF DECOMMISSIONING THAT THAT WOULD HAPPEN AT THE END OF THE LIFE CYCLE, WHICH IS A MINIMUM OF 30 YEARS, IS WHAT WE'RE ANTICIPATING.

UM, AND THE PROJECT ITSELF IS, UH, BASICALLY, YOU KNOW, PERMITTED FOR UP TO, OR LEAST RATHER FOR UP TO 40 YEARS.

THERE'S TWO FIVE YEAR EXTENSIONS WITH THAT.

SEVERAL OTHER ENVIRONMENTAL CONCERNS, UH, WERE ALSO BROUGHT UP.

UM, YOU KNOW, SOME OF THAT WAS, UH, ADDRESSED BY US, UH, DURING THE C A C MEETING.

UM, THE FULL ENVIRONMENTAL ASSESSMENT FORM THE F E A F, THE BATTERIES WILL OPERATE INTERMITTENTLY AS THERE WAS SOME CONFUSION WHETHER OR NOT THE FACILITY WOULD BE OPERATING ALL THE TIME.

IT, IT IS OBVIOUSLY GOING TO OPERATE 24 7, BUT IT'S, IT'S INTERMITTENTLY, UH, THERE WILL NOT BE STAFF THERE.

UH, 24 7 WON'T, THERE WILL BE NO STAFF THERE FOR MOST OF THE TIME OUTSIDE OF CONSTRUCTION.

WHERE THAT CONFUSION CAME FROM WAS WITH REGARDS TO CONSTRUCTION.

UH, CONSTRUCTION OPERATION WILL HAPPEN DURING NORMAL BUSINESS HOURS.

WE'RE NOT LOOKING TO TRY TO CONSTRUCT THEM SUNDAYS OR IN THE MIDDLE OF THE NIGHT.

SO THE F E E F FORM CLARIFIES THAT WE TRIED TO CLARIFY THAT FURTHER WITH THAT STATEMENT.

UM, SAME THING WITH THE FLOOD PLAIN.

THE PROJECT ITSELF, UH, THE UNDERLYING GROUND WHEN LOOKING AT IT WITHOUT TOPOGRAPHY, TECHNICALLY FALLS WITHIN THE FLOOD PLAIN AND FLOODWAY THE NEARBY PROPERTY.

HOWEVER, WE ARE RAISING THE SITE BY A COUPLE FEET AND THEREFORE THE PROJECT ITSELF AND ALL THE EQUIPMENT ON IT IS OUTSIDE OF THE FLOODWAY AND FLOODPLAIN AREA.

BY DEFINITION, WE'RE ABOVE THE FLOODPLAIN AND NO ELECTRICAL EQUIPMENT WILL BE LESS THAN THREE FEET ABOVE THE FLOODPLAIN ELEVATION.

LASTLY, THERE WERE TWO ITEMS, UH, THAT WERE BROUGHT UP BY THE C A C AT THE, THE TIME WE, WE WROTE THIS LETTER THAT WE WEREN'T ABLE TO, TO DISCUSS AT THE MEETING.

THEY, THEY GOT BROUGHT UP AFTER OUR, UH, MEETING, UH, VIA EMAIL ON THE 13TH.

THERE TO BE BIO CONCENTRATION OR BIOACCUMULATION OF THAT MATERIAL.

UM, THE C A C HAS CONCERNS ABOUT THE POTENTIAL OF CHEMICALS LINKING TO GROUNDWATER AND PROTECTED WETLANDS.

IT WAS A VERY GOOD QUESTION.

UH, WE TRIED TO DO OUR BEST TO, TO ANSWER IT IN THIS DOCUMENT.

UH, TESLA MEGA PACKS, AS WE'VE MENTIONED WITH, WITH ALL OF YOU, DO NOT UTILIZE A LIQUID ELECTROLYTE, OR AT LEAST THERE'S, THERE'S SUCH A MINIMAL ELECTROLYTE, IT WOULD NEED TO BE COMPRESSED AT SUCH A HIGH LEVEL TO, TO EXTRACT THE SMALL AMOUNT THAT'S THERE.

THEREFORE, THE BATTERIES CANNOT LEAK INTO THE GROUND OR INTO THE WETLAND AREA SIMPLY BECAUSE THERE IS NO LIQUID TO LEAK IN THERE.

UH, THE ONLY ITEM THAT WE HAVE THAT IS A LIQUID AS PART OF THE SYSTEM WOULD BE ETHYLENE GLYCOL AND WATER.

IT'S A MIXTURE THAT IS FOUND IN EVERY TYPE OF, UH, AUTOMOTIVE, UH, YOU KNOW, COMBUSTION ENGINE, UH, CAR THAT'S ON THE MARKET.

UH, SO IT'S, IT'S FAIRLY UBIQUITOUS AND I, I QUOTED, UH, DIRECTLY FROM THE C D C FOR, UH, YOU KNOW, TOXIC SUBSTANCES, BASICALLY THAT ETHYLENE GCAL HAS SUCH A FAST HALF-LIFE THAT THERE'S NO LASTING EFFECTS IN THE GROUND.

IT IS FULLY BIODEGRADABLE AND IT WOULD BIODEGRADE EXTREMELY QUICKLY.

UH, SO C D C HAS BASICALLY SAID THAT THERE'S NO REAL, IT'S INSIGNIFICANT FOR

[02:20:01]

THEREFORE, WE'VE CONCLUDED THAT THERE IS, BECAUSE THERE IS NO LIQUID ELECTROLYTE AND BECAUSE, UH, YOU KNOW, ETHYLENE GLYCOL IS USED IN A SMALL QUANTITY, BUT IT, IT HAS SUCH A FAST HALF LIGHT, UH, THERE IS NO DIRECT IMPACT TO THE ENVIRONMENT AS PART OF THIS PROJECT.

THE LAST QUESTION FROM THE C A C THAT WE RECEIVED WAS THAT THE C A C UNDERSTANDS THERE IS SOPHISTICATED ELECTRONIC MONITORING, BUT IT IS NOT CLEAR TO THE C A C IF THERE ARE QUALIFIED TECHNICAL PERSONNEL AVAILABLE ON SITE.

AGAIN, I WILL REFER BACK TO MY COMMENT ABOUT THE SAFETY.

UH, THIS FACILITY WILL BE MONITORED FROM MULTIPLE PARTIES, BOTH BY TESLA AND BY STRATA 24 7.

THERE ARE MULTIPLE SAFEGUARDS IN PLACE.

STRATA WILL HAVE SOMEBODY AVAILABLE VIA PHONE WITHIN 15 MINUTES.

THEY WILL ASSESS THE SITUATION.

EMERGENCY SERVICES WILL BE CALLED IMMEDIATELY.

UH, EMERGENCY SERVICES IS ANTICIPATED TO BE THE FIRST ONES ON SITE AS WITH ANY OTHER UTILITY.

AND FROM THERE, STRATA WILL HAVE SOMEONE ONSITE WITHIN A REASONABLE AMOUNT OF TIME COMPARATIVE TO ANY OTHER UTILITY.

OBVIOUSLY, THAT RESPONSE TIME WOULD DEPEND ON WHETHER OR NOT THIS HAPPENED AT TWO IN THE MORNING DURING A SNOWSTORM, OR IF IT WAS TWO IN THE AFTERNOON IN A BRIGHT AND SUNNY DAY.

UH, THANK YOU VERY MUCH FOR THE OPPORTUNITY TO GO THROUGH THESE.

UH, WE LOOK FORWARD TO TAKING ANY AND ALL QUESTIONS, AND I CAN CERTAINLY TRY TO ANSWER SOME OF THESE, UH, A LITTLE BIT MORE DEPTH OR READ VERBATIM FROM THE DOCUMENT THAT WE PROVIDED IF YOU'D SO PREFER.

YEAH, I, I, I WOULD LIKE TO START OFF WITH SOME QUESTIONS.

UM, UH, UH, THE FIRST ONE IS, UM, WHAT IS THE PERCENTAGE, IF ANY, OF CLEAN ENERGY THAT YOU INDEPENDENTLY PURCHASED AND ADD TO THE CONES AND GRID? OR IS THE, WHAT YOU'RE GETTING IS THE RATIO THAT CON EDISON PROVIDES? OKAY, SO THERE'S TWO COMPONENTS TO THIS, AND I'M GONNA LET, UH, JAMES ROBINSON ANSWER THIS DIRECTLY.

UH, BUT THERE'S TWO COMPONENTS TO THIS THAT I'LL LET HIM GO THROUGH.

SO A THANK YOU FOR THE QUESTION.

A A AS YOU PROBABLY KNOW, THE BATTERY STORAGE SYSTEM DOESN'T, UH, CREATE ELECTRICITY.

IT ONLY STORES THE ELECTRICITY.

SO THE, THE QUESTION IS, IS THE WAY IN WHICH IT'S BEING USED BENEFICIAL TO THE ENVIRONMENT OR NOT? UM, THE STATE OF NEW YORK, AS WELL AS NEW YORK, SO WHICH IS THE GRID OPERATOR, UH, IN NEW YORK, HAVE BOTH DONE A LOT OF RESEARCH INTO THIS QUESTION.

UM, AND SO THEY, THEY HAVE, UH, HAVE SOME ANSWERS ON THAT.

UM, SO THE, THE STATE OF THE ELECTRICITY GRID IN NEW YORK STATE IS SUCH THAT THE UPSTATE AREAS HAVE A VERY CLEAN GRID, ROUGHLY 86% OF NON-CARBON GENERATING ELECTRICITY, WHEREAS THE DOWNSTATE AREAS HAVE A MUCH DIRTIER GRID, UH, ROUGHLY 23% ZERO EMISSION OR CARBON FREE ELECTRICITY.

UM, AND SO THERE IS A BOTTLENECK IN GETTING THE CLEAN ELECTRICITY FROM THE UPSTATE AREAS WHERE THERE'S PLENTY OF ROOM TO BUILD SOLAR FARMS AND WIND FARMS TO THE DOWNSTATE AREAS, UH, WESTCHESTER, NEW YORK CITY, WHERE THE BULK OF THE ENERGY CONSUMPTION, UH, TAKES PLACE.

AND SO ENERGY STORAGE SYSTEMS LIKE OURS HELP TO ALLEVIATE THAT BOTTLENECK AND GET CLEAN ELECTRICITY FROM THE UPSTATE AREAS DOWN INTO THE, UH, INTO THE AREAS WHERE THE ELECTRICITY IS NEEDED.

UM, I, I AM LOOKING AT A NEW YORK ISO, UM, A, A YEAR OR TWO AGO, UH, AND IT STATES THAT ENERGY STORAGE RESOURCES COULD ENABLE FURTHER PENETRATION OF RENEWABLE RESOURCES BY STORING RENEWABLE ENERGY FOR DELIVERY WHEN THE TRANSMISSION SYSTEM IS NOT CONSTRAINED.

UH, AND, AND THAT, SO THE ENERGY ARBITRAGE, UM, PIECE OF OUR BUSINESS MODEL, UM, SHOULD BE CARBON, UH, SHOULD HELP THE CARBON.

I'M SORRY TO INTERRUPT YOU.

YEAH, I'M SORRY TO INTERRUPT YOU.

I KNOW THAT MY QUESTION IS YES, THAT, UH, CAR MEDICINE CAN TRANSFER ENERGY FROM UPSTATE AND OFF PEAK HOURS, AND YOU CAN STORE THAT.

I UNDERSTAND THAT.

MY QUESTION IS, HOWEVER, UH, YOU, UH, CONSUMERS HAVE THE ABILITY TO BUY, UH, UM, UH, UH, ULTIMATE, UH, ENVIRONMENTALLY GENERATED, UH, UH, ELECTRICITY AND HAVE THAT TRANSFER TO CON EDISON, AND YOU KNOW, I COULD DO THAT AS AN INDIVIDUAL.

I COULD DO THAT, THAT COST

[02:25:01]

OF THE CLEAN ENERGY IS A BIT HIGHER THAN, THAN CON EDISON COST ON AVERAGE.

SO MY QUESTION TO YOU, ARE YOU DOING ANY OF THAT OR IS THAT YOU, ACCORDING TO YOUR BUSINESS MODEL, THAT PRACTICE IS COST PROHIBITED? THAT'S MY QUESTION.

ARE YOU DOING ANY OF THAT? ANY OF THAT? BASICALLY MY, YEAH, SO THE SHORT ANSWER, UH, GO AHEAD.

THE, THE SHORT ANSWER TO YOUR QUESTION IS WE ARE NOT BUYING RENEWABLE ENERGY SPECIFICALLY, BUT I WILL POINT OUT THAT ACTUALLY WE COULD BE ONE OF THE FACILITIES THAT IS SELLING, UM, RENEWABLE ENERGY TO CUSTOMERS SUCH AS YOURSELF.

UM, SO IF YOU THINK ABOUT A SOLAR FARM UPSTATE AND A, AN R BATTERY COULD COMBINE TO SELL RENEWABLE ENERGY TO A LOCAL, UM, WESTCHESTER RESIDENT.

UH, AND IT COULD ACTUALLY BE SHOWN TO BE NOT ONLY RENEWABLE, BUT ALSO GENERATED ONTO CONED GRID AT THE TIME, THE CUSTOMER'S USING THE ENERGY, UM, WHEREAS THE SOLAR FARM ALONE COULD NOT MAKE THAT COMMITMENT TO THE CUSTOMER.

MY, UH, MY OTHER QUESTION IS THAT, UH, GENERALLY WITH, UH, RECHARGEABLE BATTERY, EVERY TIME YOU RECHARGE IT, YOU LOSE EFFICIENCY.

THERE'S OVER A PERIOD OF TIME, YOU KNOW, THAT'S WHY EVENTUALLY YOU HAVE TO THROW AWAY RECHARGEABLE BATTERIES BECAUSE OVER TIME, UH, THEY LOSE THEIR EFFICIENCY.

SO YOU INDICATED THAT THE BATTERY IS IN GOOD FOR 30 YEARS, BUT THAT, BUT THE QUESTION IS WHAT IS THE FINANCIAL LIFE OF THE BATTERY SEEING HOW NOW IS DECREASED IF A DECREASE? FIRST OF ALL, MY QUESTION IS ARE THESE BATTERIES RECHARGING AT A HUNDRED PERCENT CAPACITY EACH TIME? I ASSUME NOT, RIGHT? SO IF THE SITE PLAN, YOU'LL SEE THAT WE'VE LEFT SPACE IN OUR, IN OUR PROPOSED PLAN TO AUGMENT THE BATTERY'S CAPACITY OVER THE FIRST 20 YEARS OF THE SYSTEM'S LIFE.

AND SO EFFECTIVELY OVER THE FIRST 20 YEARS, THE CAPACITY WILL BE AS MUCH AS IT IS ON DAY ONE, BEYOND YEAR 20.

YOU ARE CORRECT.

WE, THE, THE CURRENT PLAN IS TO, TO STOP AUGMENTING THE SYSTEM AND TO INSTEAD LET THE BATTERY SLOWLY LOSE ITS CAPACITY OVER THE NEXT 10 TO 20 YEARS, UM, UNTIL IT IS, UH, HAS SO LITTLE CAPACITY LEFT THAT IT, IT'S, IT'S AT ITS END OF LIFE AND TIME TO BE JUST DECOMMISSIONED AND EVERYONE SEE THE SITE PLAN, I'M, YES, I CAN SEE THE SITE PLAN.

OKAY, GREAT.

SO WE HAD DESIGNED THIS HAVE THAT YOU HAVE WHAT TO THE BATTERIES OVER TIME, YOU'RE SAYING? SO, YES.

SO THE MEGA PACKS THEMSELVES, AS JAMES EXPLAINED, ARE ACTUALLY SHOWN WITH, WITH THESE LITTLE DOOR SYMBOLS HERE.

THE OTHER COMPONENTS AT THE END OF EACH ROW, WHICH WE'VE ALREADY ACCOUNTED FOR ON OUR SITE PLAN, ARE FOR THAT EXPANSION OF THE BATTERIES FOR CAPACITY.

SO THAT YOU ANSWER THAT QUESTION.

UH, UH, THE, THE OTHER ISSUE IS THAT AS A L L C IS A CONCERN ABOUT, UM, UH, UH, UH, BEING BONDED BECAUSE IF FOR WHATEVER REASONS YOU THIS UNIT, UH, IS NOT FINANCIALLY VIABLE AND YOU DECIDE TO WALK AWAY FROM IT, WE NEED, I THINK A BOND IS, UH, SHOULD BE, UH, REQUIRED FOR THIS APPLICATION AND A BOND THAT IS UPDATED, UM, PERIODICALLY.

SO YOU BUY A BOND IN 2020, AND THEN, UH, IN 10, 15 YEARS, THE BOND DOES NOT COVER, UH, THE REMOVAL OR ENVIRONMENTAL COST.

SO I THINK THAT'S SOMETHING THAT NEEDS TO BE INCLUDED IN, IN, UH, THE, THAT APPLICATION.

UM, AND YEAH, SO THAT'S THE QUESTIONS I HAD.

CAN I, CAN I ADD SOMETHING TO THE BOND? UM, I, I UNDERSTAND THAT EAGLE IS A, UM, SUBSIDIARY OF STRATA AND THAT EAGLE'S ONLY ASSET WILL BE THESE BATTERIES.

AM I CORRECT ABOUT THAT? THE BATTERIES AS WELL AS THE CONTRACTS ASSOCIATED WITH THE BATTERIES.

YOU KNOW, WHICH INCURS SERIOUS LIABILITY, WILL STRATA GUARANTEE, ANY OBLIGATIONS THAT EAGLE HAS, WILL EAGLE HAVE, YOU KNOW, LIABILITY INSURANCE OF FIVE OR $10 MILLION? UM, YOU NOT IN YOUR HANDS TALK.

UM, BUT, BUT IF THERE'S A, IF THERE'S A SERIOUS, YOU KNOW, EVENT,

[02:30:01]

SO, UM, WE WILL COMMIT TO PROVIDING A DECOMMISSIONING BOND, UH, THE AMOUNT OF WHICH WE CAN, I'M NOT, I'M NOT TALKING ABOUT DECOMMISSIONING, I'M SAYING, YOU KNOW, IF, IF STAY, I MEAN FACETIOUS, BUT IF IT EXPLODES AFTER 10 YEARS, OKAY, YEAH.

OR INJURIES AND PROPERTY DAMAGE, WE CAN ALSO COMMIT TO MAKING SURE THAT THE L L C CARRIES APPROPRIATE INSURANCE FOR THAT TYPE OF EVENT.

BUT IT WOULD'VE TO BE WE'LL, STRONG GUARANTEE, LEGAL'S OBLIGATIONS.

UM, I, I WOULD HAVE TO GO CHECK ON THAT WITH MY, WITH MY TEAM, BUT YEAH, NO, NO, NO.

I, I DON'T WANNA PUT YOU ON THE SPOT, BUT YOU'LL GET BACK TO US ON THAT.

I THINK THAT THE PLAN WOULD BE TO MAKE SURE THAT EAGLE ITSELF IS ABLE TO MEET ALL THOSE OBLIGATIONS IN ANY SITUATION THAT MIGHT ARISE.

WELL, IT, IT, I THINK SERIOUS ASSETS ARE SERIOUS SHIRTS, SO YOU'LL GET BACK TO US ON THAT.

I, I, I, I THINK, UH, TO, TO THAT POINT, MR. GOLD, AND I THINK SIMPLY IN A, IN A RESOLUTION OR RECOMMENDATION, IT WOULD BE THAT EAGLE WOULD HAVE TO PROVIDE A, A, YOU KNOW, INSURANCE.

I MEAN, THAT'S, THAT'S A REQUIREMENT OF THE APPROVAL, AND THEY WOULD HAVE TO KEEP THAT INSURANCE IN PLACE TO THE DURATION OF, OF THIS PROJECT.

I MEAN, THAT'S SOMETHING THAT'S, THAT WOULD BE FAIR.

I MEAN, NO, NO DIFFERENT THAN, AGAIN, IT'S NOT REALLY A PERFORMANCE BOND, BUT IT'S REALLY, YOU JUST WANT AN INSURANCE POLICY THAT FOR, FOR GOD FORBID, SOMETHING SHOULD HAPPEN, UH, THERE IS A, A POLICY IN PLACE THAT EAGLE CARRIES.

AND THAT'S PRETTY MUCH, WELL, I GUESS WHAT YOU'RE ASKING IS THAT, IS THAT CORRECT? RE READING THE, THE LETTER THAT YOU GUYS WROTE TODAY AND LISTENING TO THE INITIAL PRESENTATION TO, UH, I THINK REINFORCE WHAT MICHAEL SAID, IT IS REALLY CLEAR THAT THESE ARE SET UP AS, AS INDEPENDENT COMPANIES, AND THAT STRATA IS NOT, IT'S NOT DESIGNED FOR STRATA TO BE RESPONSIBLE FOR ANY OF THE LIABILITY OF THIS COMPANY.

IT SEEMS THAT'S WHAT I THINK I READ, AND I, THAT'S WHAT I THINK I HEARD IN THIS PRESENTATION THAT THEY'RE SET UP AS INDIVIDUAL COM COMPANIES AND SOMEONE WOULD HAVE TO HOLD, SOMEHOW PIERCE THE CORPORATE VEIL, UH, TO GET TO STRATA.

I AM I INCORRECT IN, AND THAT'S WHAT I'M WANTED TO LEARN TODAY.

SO THAT STRUCTURE IS SET UP MAINLY TO BE ABLE TO BRING EQUITY INTO THE INDIVIDUAL PROJECT COMPANIES, AND THE GOAL IS TO MAKE SURE THAT THE INDIVIDUAL PROJECT COMPANIES CARRY ENOUGH INSURANCE AND OTHER WAYS TO MAKE SURE THAT THE TOWN IS NOT UNPROTECTED FOR MANY OF THESE RISKS THAT YOU'RE BRINGING UP.

SO, SO IN OTHER WORDS, WHAT YOU DO NEED TO DO IS MAKE SURE THAT, THAT, THAT, THAT IT'S WELL INSURED AND WELL BONDED THROUGHOUT THIS, AND THERE HAS TO BE A MECHANISM, YOU KNOW, WHAT I'D BE WORRIED ABOUT IS IT GOES CHAPTER 11 OR SOMETHING, AND THEY'RE PROTECTED FROM HAVING TO PAY AND THESE AND, AND THINGS LIKE INSURANCE LAPSE.

WHAT, WHAT IS THE IMPLICATION OF SOMETHING LIKE THAT HAPPENING? SO THE DECOMMISSIONING BOND THAT WE ARE TALKING ABOUT, UH, WHICH WE WOULD BE OBVIOUSLY DEVELOPING WITH, UH, OBVIOUSLY YOU ALL, AND THAT THE TOWN BOARD, UH, REALLY WOULD COVER MOST OF THESE VETS, IF NOT ALL OF THEM.

WHAT WE WOULD GO THROUGH IS THE COST OF PHYSICALLY REMOVING BATTERIES FROM THE SITE AND PHYSICALLY RETURNING THE PROJECT SITE BACK INTO JUST A GRAVEL PARKING LOT, REMOVING THE FENCE AND TRANSPORTING BATTERIES THEMSELVES BACK TO THE TESLA FACTORY.

TESLA HAS COMMITTED TO TAKING THE BATTERIES AT NO COST FOR, FOR SOME, SOME REASON THAT IN 40 YEARS THEY'RE ENTIRELY VALUELESS, THEY WILL TAKE THEM, AND THEY'VE COMMITTED TO THAT A HUNDRED PERCENT.

NO, I UNDERSTAND THAT.

I'M MORE CONCERNED WITH THE, THE MECHANISM BECAUSE AS WE ALL KNOW, AND SOMEONE DECLARE DECLARES BANKRUPTCY, IT FREEZES THINGS SO THAT THERE HAS TO BE SOME KIND OF TRIGGER IN THE AGREEMENT THAT TALKS ANTICIPATES WHAT HAPPENS IN THE CASE OF A BANKRUPTCY, THAT THESE, THAT THESE EVENTS ARE AUTOMATICALLY TRI TRIGGERED, FOR INSTANCE, THE FACILITY AUTOMATICALLY GETS DECOMMISSIONED AS A RESULT OF THE BANKRUPTCY.

I THINK THAT THERE HAS TO BE A VERY, VERY STRONG AGREEMENT BETWEEN AND THE BOND TO MAKE SURE THAT IT HAPPENS BECAUSE CHAPTER 11, THINGS GET FROZEN OTHERWISE.

YEAH, I, I, I HAVE A COUPLE OF COMMENTS, I MEAN, TO, TO MAKE SURE THAT THE INSURANCE IS IN PLACE.

UM, AND I'M NOT AN INSURANCE EXPERT, BUT I THINK, I THINK TANNER GREENBERG SHOULD NAMED AS AN ADDITIONAL INSURED, SO THAT IF ANY OF THE, UM, PREMIUMS LAPSE, UM, I HAD ANOTHER POINT, BUT I FRANKLY FORGOT IT.

YOU HAVE TO DO THE DECOMMISSIONING BY MICHAEL.

[02:35:01]

OH, YEAH.

THE OTHER THING IS, UH, TESLA'S WILLING TO TAKE BACK THE BATTERIES.

UH, WE'D LIKE TO SEE THAT IN LIGHTING.

YEAH, WE CAN WORK ON THAT.

FAIR ENOUGH.

TESLA'S DOING PRETTY WELL THESE DAYS SEEM TO BE HEAVY GROWING VERY QUICKLY THESE DAYS.

UNBELIEVABLE.

THOSE ARE, I MEAN, TO YOUR POINT, MR. SCHWARTZ, MR. GO, ARE ALL GOOD POINTS AND WE'LL BE SHORT TO, TO HAVE THAT ADDRESSED IN.

WELL, WALTER, YOU, YOU, IF YOU'RE DONE, WALTER, I HAVE A COUPLE OF, UH, QUESTIONS.

GO AHEAD, MICHAEL.

I HAVE A FEW MORE GO.

UH, UH, I WOULD LIKE TO SEE THAT, UH, UM, UH, REPORT IN, UH, CONCERNING ETHYLENE DIOL, THE, THE HALF-LIFE OF ETHYLENE GLYCO, UH, UH, UH, TO MAKE SURE IT HAS A SHORT, UH, SHELF, UH, UH, UM, A LIFE CYCLE BECAUSE ETHYL GEICO IS A POISON, YOU KNOW, AND IT'S SOMETHING THAT YOU DON'T WANT TO GET IN YOUR WATER.

SO I WOULD LIKE TO SEE THAT REPORT THAT INDICATES IT HAS A VERY, UH, SHORT LIFE AND IT DISSIPATES VERY QUICKLY IN THE ENVIRONMENT.

THE OTHER POINT IS THAT, UH, IN THE FOUNDATION THAT YOU'RE PUTTING IN FOR, UH, THAT BASE IT, ARE YOU BRINGING IN ANY SOIL? YES.

SO OBVIOUSLY THAT STORE HAS TO BE TESTED TO MAKE SURE THAT, UH, YOU ARE BRINGING IN CLEAN SOIL.

AND WE HAVE, WE HAVE A CODE REGARDING THAT.

UH, YES.

CHAIRPERSON SIMON, IT'S BEEN IDENTIFIED BY THE TOWN ENGINEER THAT A FILL PERMIT REQUIRED THROUGH HIS OFFICE, RIGHT? THERE ARE VERY SPECIFIC REQUIREMENTS IN CONNECTION WITH THAT FILL PERMIT, AND THE APPLICANT WILL BE OBLIGATED TO MEET THOSE PRIOR TO THE ISSUANCE OF A BILL PERMIT, WHICH COMES PRIOR TO ANY BUILDING PERMIT.

UM, THAT'S, THAT'S WHAT THE SOIL, AND IN ADDITION, YOU BRING IT IN GRAVEL.

ARE THERE ANY TESTING? UH, THE, THE GRAPH IN OUR COAT, I'LL FOLLOW UP WITH THE, UM, TOWN ENGINEER ON THAT.

BECAUSE, YOU KNOW, THIS IS ADJACENT TO THE WETLAND, AND WE WANNA MAKE SURE NOT ONLY IS THE SOIL, UH, NOT CONTAMINATED, THAT THE GRAVEL ITSELF IS NOT BRINGING ANY, UH, UH, PRODUCTS THAT IS DETRIMENTAL TO THE SOIL.

SO WE, UH, I'D LIKE TO GET CLARIFICATION ON, ON, ON, ON THOSE POINTS.

MICHAEL.

UNMUTE.

UM, UM, JOHN, DID I HEAR YOU TO SAY YOU ARE REGULATED BY SOME GOVERNMENTAL AGENCY? THAT'S THE NATURAL ELECTRIC CODE.

N E C.

I JUST RAISED THAT QUESTION.

SO, SO YOU, YOU'RE NOT REGULATED BY THE F E C OR, YOU KNOW, UM, YES, SEE, NO, IT'S NOT THAT I'M AWARE OF.

ALRIGHT, SO, SO, SO LOOK, I JUST RAISED THIS QUESTION.

I I DON'T EXPECT YOU TO RESPOND, BUT THIS, THIS IS THE CONCERN OF THE .

UM, AND I'M NOT EVEN SURE IT'S AN COUNTY BOARD'S JURISDICTION, BUT, UM, AS I UNDERSTAND IT, YOU KNOW, PUBLIC UTILITIES, PUBLIC UTILITIES ARE PERMITTED IN RESIDENTIAL AREAS.

AND, UM, AND DAVID, I'M SORT OF LIKE TALKING TO YOU NOW, FRED.

UM, AND THE DEFINITION OF PUBLIC UTILITY UNDER ZONING CODE 25 DASH FIVE IS AN ENTITY UNDER GOVERNMENTAL REGULATION, YOU KNOW, WHICH SUPPLIES ELECTRICITY AND WATER AND SO AND SO FORTH.

UM, I, IT, IT DOES NOT SEEM TO ME THAT, UM, LEGAL ENERGY IS UNDER GOVERNMENTAL REGULATION.

I UNDERSTAND THAT THE, UH, THAT THE, UH, BUILDING COMMISSIONER DECIDED IT WAS, YOU KNOW, IT'S PERMITTED, BUT I THINK THIS IS AN OPEN QUESTION.

UM, AND, YOU KNOW, I HAVEN'T DONE ANY RESEARCH EXCEPT A TEENY WEENY BIT.

UM, I'M NOT EXPERT, BUT I RAISED THE QUESTION BECAUSE, YOU KNOW, IN MY INITIAL LOOK AT THIS, THIS IS NOT A PUBLICLY UTILITY, UM, AND MAY NOT BE SUBJECT TO RECEIVING SPECIAL PERMIT.

[02:40:01]

I'LL LET YOU GUYS DO WHAT YOU WANT WITH IT, INCLUDING THE LAWYERS OUT THERE.

BUT I GET, ALRIGHT, IS MY, I'M SERIOUS ABOUT THIS.

I, I WOULDN'T CALL IT A PET PEEVE.

I CALL IT A SERIOUS PEEVE RANGER PEEVE.

UM, I UNDERSTAND THE LEVELS.

I ACCEPT, I ACCEPT THE INFORMATION THE APPLICANTS SUPPLIED TO US.

YOU KNOW, I ASKED THAT THEY IDENTIFY THE SITE, A COMPARABLE SITE, WHICH EITS COMFORTABLE IN THE WAY SO I COULD LISTEN TO IT.

UM, THEY COULDN'T FIND ONE.

UM, I KNOW THERE'S BEEN EMAILS BACK AND FORTH.

I'VE SORT OF LOST TRACK OF WHERE WE ARE, BUT I HAVE, I HAVE TWO POINTS TO MAKE ON THE RULES ISSUE.

FIRST, YOU KNOW, WE DON'T KNOW WHAT 33 DECIBELS SOUNDS LIKE 200 FEET AWAY.

YOU COULD SAY IT SOUNDS LIKE A WHISPER.

YOU COULD SAY IT SOUNDS LIKE A OCCURRING, YOU KNOW, BUT I CAN'T, I GUESS VISUALIZE IT IS THE WORD.

I CAN'T UTILIZE IT.

BUT ALSO THE OTHER ASPECT IS WHAT KIND OF RELEASE IS IT? IS IT A POURING? IS IT A BEEPING? IS IT A GRADING? IS IT A BUZZING? UM, THE QUALITY OF THE NOISE ALSO MAKES A DIFFERENCE.

AND I'M VERY CONCERNED ABOUT THE NOISE.

NOT THAT I THINK IT'S BAD, JUST THAT I DON'T KNOW WHAT IT IS.

AND I THINK, I THINK THE PLANNING BOARD ABSOLUTELY CANNOT, CANNOT MAKE A POSITIVE RECOMMENDATION TO THE TOWN BOARD IF THEY DON'T KNOW WHAT THEY'RE GETTING.

WE CAN'T RECOMMEND, AND I DON'T MEAN THIS IN A DEROGATORY WAY, JUST IT'S THE BEST OF WHO, WE CAN'T RECOMMEND A PIG A POKE BECAUSE WE DON'T KNOW WHAT THIS THING SOUNDS LIKE.

IT'S A BIG FOOTPRINT.

THE NOISE IS GONNA BE INTERMITTENT.

WE DON'T KNOW IF THE NOISE IS GONNA BE GRATING OR SOOTHING.

WE HAVE NO IDEA.

AND THIS IS MY MAJOR CONCERN.

THEY'RE TOTALLY DIFFERENT THINGS.

UM, UH, THANK YOU MR. GOLDEN.

UH, ON THAT.

I THINK AT THE LAST MEETING WE TALKED ABOUT THE TYPE OF NOISE.

UH, I I I, WE DON'T ANTICIPATE A GRING OR A LOUD BANGING OR WATER SOUNDS, UH, NOTHING SOOTHING ALONG THOSE LINES.

UH, UM, BUT IT WILL BE MORE OF AN ELECTRICAL NOISE, AS IN A HUM.

UM, YOU KNOW, SO THERE THERE'S GOING TO BE SOME ELECTRICAL NOISE, YOU KNOW, MAYBE THE, I DON'T KNOW HOW TO DESCRIBE IT.

THE, THE ELECTRICAL NOISE.

AS YOU GET VERY CLOSE TO IT, YOU MIGHT ACTUALLY HEAR ELECTRICITY AS IN LINES ARCING.

UH, BUT YOU SHOULDN'T NECESSARILY HEAR ARCS, UH, WITH THAT AS YOU HEAR, UH, YOU KNOW, IN A FACILITY THAT IS MEANT TO HAVE OPEN SPARKS.

UH, SO ALONG THOSE LINES, I KNOW JAMES ROBINSON ACTUALLY, UH, SHOULD BE IN RECEIPT OF A, A DECIBEL METER.

HE, HE WAS LOOKING TO OBTAIN THIS TO TRY TO GO TO THE SITE TO LOOK AT AMBIENT NOISE AND TO GO TO THE ADJACENT SITES, UH, NEARBY THAT WE WERE RECOMMENDING.

THAT'S THE ONLY REASON FOR THE DELAY IS THAT WE WERE JUST WAITING FOR SOME OF THIS MATERIAL TO COME IN, WHICH COVID HAS DELAYED JAMES, RIGHT? SO TO JONES'S POINT, I DO NOW HAVE THE DECIBEL METER, AND I WILL BE GOING TO THE SUBSTATION THAT IS NEAR THE SITE AND TAKING A READING, WHICH WILL THEN BE ABLE TO BE COMPARED TO THE DECIBEL RATINGS THAT THE BATTERY WILL PRO PROVIDE.

TO GIVE YOU A POINT OF COMPARISON, IT WILL ALSO BE SIMILAR TYPES OF NOISE BECAUSE IT'S ELECTRICAL EQUIPMENT, SO THAT THE HUMMING THAT, THAT YOU'LL HEAR NEAR THAT CON AT SOME STATION SHOULD BE RELATIVELY INDICATIVE OF WHAT THE BATTERIES WILL SOUND LIKE.

SO I'LL, I'M GOING OUT THERE TOMORROW AND I'LL BE ABLE TO TAKE THAT READING AND I'LL LET YOU KNOW, UM, WHAT, WHAT THAT READING IS, HOW IT COMPARES, ESSENTIALLY AT WHAT DISTANCE WE WOULD EXPECT THE NOISE TO BE EQUIVALENT, UM, WITH THE BATTERY.

SECONDLY, I I JUST BEFORE THIS MEETING, WE, WE DID RECEIVE A VIDEO OF AN OPERATIONAL TESLA SYSTEM.

UM, IT'S A PRETTY BIG FILE, SO WE'RE WORKING ON GETTING IT, UH, AND I DON'T KNOW, AARON, IF YOU'VE BEEN ABLE TO ACCESS IT ON THE DROPBOX OR WHATEVER, BUT WE DO HAVE A VIDEO THAT YOU CAN WATCH THAT SHOWS A, A SIMILAR TESLA UNIT THAT'S OPERATING JAMES, I, I, I, I DIDN'T GET A CHANCE YET.

I HAVE TWO COMMENTS ON THAT FIRST.

LOOK, I, I KNOW YOU GUYS ARE WORKING ON THIS, I REALLY DO.

I MEAN, THAT'S SINCERELY, BUT THE SUBS TRANSFER ONE PROJECT USES BATTERIES.

NOW, IF YOU TELL ME THE SOUND IS THE SAME, I BELIEVE YOU, BUT I WANT TO HEAR IT FROM MYSELF.

OKAY? SECOND, IF YOU ARE GONNA GO THERE, TAKE US WITH YOU.

PROBLEM WITH AARON ON IT MM-HMM.

SO ACTUALLY, IF YOU WANT, WE CAN GO THERE TOMORROW IF THAT'S, BUT OTHERWISE WE CAN SET A TIME FRIDAY OR, YOU KNOW, WHENEVER YOU'RE AVAILABLE, I THINK PLAN A LITTLE FURTHER AHEAD THAN TOMORROW.

YEAH, SORRY, I SAY THAT BECAUSE WE HAVE A, WE HAVE A SITE WALKTHROUGH WITH SOME OF THE INTERESTED CITIZENS TOMORROW, BUT IN ANY CASE, YEAH,

[02:45:02]

, BUT, BUT, BUT SUBSTATION IS NOT TO SAME AS A BATTERY STORAGE SYSTEM.

AND, AND, AND, AND, AND, AND I APPRECIATE THAT.

MAYBE THERE AREN'T THAT MANY, MANY WEREN'T THAT MANY, YOU KNOW, STORED BATTERY STORAGE STATIONS HERE.

BUT YOU GUYS GOTTA SATISFY US ABOUT THE LAWYER LEAST SATISFYING ME, THE BIGGEST LAYOFF YOU ABOUT THIS.

UM, LEMME JUMP IN FOR A WHILE, MR. SCHWAR HAS THE QUESTION.

I I, CAN I ADDRESS, UH, MICHAEL'S COMMENT FOR A MOMENT BECAUSE I DID IDENTIFY, UH, NOT SURE IF WE PASSED IT ALL ON TO THE APPLICANT.

YOU CAN'T, YOU CAN COMMENT, BUT YOU CAN'T DISAGREE WITH ME.

I'M NOT DISAGREEING WITH YOU AT ALL, MICHAEL.

UM, THAT THERE IS A DESK SYSTEM IN WESTCHESTER ON, UH, RED OAK LANE.

IT'S NOT YOUR SYSTEM.

UM, I PRESUME EVEN THOUGH THE DECAL LEVEL MAY NOT BE THE SAME, IT WOULD, UH, HAVE A SIMILAR SOUND.

I THINK IT'S A TESLA SYSTEM.

UM, AND I'M WONDERING WHETHER THAT IT WOULD BE HELPFUL, UH, TO AT LEAST, SO, UH, MICHAEL HUGHES, WHAT THE SOUND IS, AND THEN WE CAN FIND, SEE IF WE CAN FIND A DECIMAL ONE THAT HAS A DECIMAL LEVEL THAT'S SIMILAR OR AT LEAST, UH, HAVE A DECIMAL LEVEL AT THE RIGHT FOR THE, THE RIGHT DISTANCE, UH, FOR MICHAEL.

I DID, I'VE BEEN, WAIT, I'VE BEEN WAITING.

TIME CHECK.

FIRST OF ALL, INTERRUPT A MINUTE.

INTERRUPT A MINUTE.

SEE WHERE WE'RE GOING WITH THIS.

UH, UH, WE HAVE A, A, A NUMBER OF, OF, UH, ISSUES THAT, UH, WE STILL HAVE ANSWERS I NEED WITH ANSWERS TO, UH, IN TERM OF, UM, OF THE, THE, THE OF THE WETLANDS AND SO FORTH.

AND WE ALSO, AS I INDICATED FROM THE BEGINNING, THERE ARE OTHER ISSUES THAT IS NOT, UH, DIRECTLY RELATED TO YOUR APPLICATION, BUT IMPACTS YOUR BUT HAS AN IMPACT.

AND THAT IS THE CODE ITSELF, THAT MANY OF THE THINGS WE ARE TALKING ABOUT AND THE ISSUES THAT HAVE BEEN RAISED IN TERMS OF THE WESTERN NOISE, THE WEST, UH, OF THESE, WHAT'S THE LIFECYCLE AND WHAT'S THE SCREENING IS, UH, AND IN FACT THE, UH, THE BUILDING COMMISSION OPINED ON THE SPECIAL PERMIT AS IT APPLIES TO THE CODE.

BUT THE REAL ISSUE FOR THE BRANDING BOARD IS THE CODE ITSELF.

AND WE, AND I SAID AT THE BEGINNING, WE NEED TO MAKE RECOMMENDATION ON THE CODE ITSELF.

AND SOME OF THE QUESTIONS THAT WERE RAISED BY MEMBERS OF THE PLANNING BOARD ACTUALLY SPEAKS TO THE CODE ITSELF.

NOW, THE QUESTION IS NOW IS MORE TIMING IS WHETHER OR NOT WE HAVE SUFFICIENT INFORMATION TO CLEARLY A, UH, UH, TO SPEAK ON THE APPLICATION OF THESE OUTSTANDING QUESTIONS.

SO, UH, AT BAY, AND, UH, OPPORTUNITY FOR US TO FORMULATE, UH, A SECOND PART OF OUR RECOMMENDATION IN TERMS OF, UH, THE CODE ITSELF.

NOW, THE TIME NOW IS 7 54.

OBJECT.

CAN I SPEAK PLEASE? CAN I SPEAK? THANK YOU.

UM, I AGREE WITH YOU, WE DO NOT, WE DON'T HAVE ENOUGH GIVEN SOME OF THE STUFF MICHAEL RAISED, WHICH I THINK ARE REALLY GOOD POINTS.

WE DON'T EVEN HAVE ENOUGH TO, TO APPOINT ON THE SITE PLAN AT THIS POINT.

THAT'S MY FEELING.

I THINK THIS THING IS BEING RUSHED THROUGH IN A WAY THAT IT SHOULD NEVER BE RUSHED THROUGH.

THERE ARE TOO MANY OPEN QUESTIONS IN TERMS OF THIS.

I MEAN, THE FACT THAT WE'RE, YOU KNOW, WE'VE GOT ANOTHER AT FIVE O'CLOCK TODAY OR FOUR O'CLOCK TODAY.

OKAY? IF WE'RE MEETING AT FIVE O'CLOCK TODAY, THAT WE'RE SUPPOSED TO DIGEST AND UNDERSTAND AND MAKE A DECISION ON WHAT A RECOMMENDATION TONIGHT IS ABSURD.

WE DON'T NORMALLY GET THEM A WEEK IN ADVANCE.

SO ONE, I DON'T THINK WE CAN MAKE A RECOMMENDATION TONIGHT, AND I THINK WE SHOULD WRITE THE TOWN BOARD AS WE RECOMMEND THAT THEY PUT OFF THEIR HEARING, WAITING FOR A RECOMMENDATION, AT LEAST A DECISION WAITING FOR A RECOMMENDATION.

'CAUSE WE DON'T HAVE ENOUGH INFORMATION.

AND THAT'S SITE, BECAUSE WHAT MICHAEL'S TALKING ABOUT IS SITE RELATED.

HE'S TALKING ABOUT THINGS LIKE, LIKE NOISE.

THAT IS A SITE

[02:50:01]

THAT'S NOT WHAT THE SPECIAL PERMIT SAYS.

IT SAYS YOU CAN, THEY CAN USE IT FOR SPECIFIC THINGS, AND THERE ARE THINGS THAT ARE EXCLUDED FROM THAT.

UNFORTUNATELY, WHEN THAT SPECIAL PERMIT WAS DRAFTED, NOBODY ANTICIPATED SOMETHING LIKE AN ACRE, AN AC ACRES WALL OF BATTERIES AND, AND A STORAGE FACILITY.

SO I DON'T, I'M NOT EVEN SURE AT THIS POINT HOW THAT SPECIAL PERMIT APPLIES, WHETHER IT'S A UTILITY OR NOT.

AND I THINK THAT IS VERY RELEVANT, NOT ONLY FOR THIS PARTICULAR CASE, BUT FOR THE TOWN IN GENERAL.

WE NEED TO THINK THIS THROUGH, THROUGH CAREFULLY.

I DON'T THINK EITHER OF THE RECOMMENDATIONS THAT WERE WRITTEN AND GIVEN TO US TO CONSIDER TONIGHT ARE ADEQUATE IN EXPLAINING WHAT WE'VE JUST HEARD TONIGHT.

NEVERMIND THAT ISSUE, WHICH, WHICH NEEDS TO BE EXPANDED UPON.

UM, SO MY RECOMMENDATION AT THIS POINT AS BEING EIGHT O'CLOCK IS THAT WE, UH, WRITE THE TOWN BOARD AND SAY WE'RE NOT READY TO MAKE A RECOMMENDATION.

THERE'S STILL SOME THINGS THAT ARE IN COMPLAINT, UM, THAT NEED TO BE DONE.

AND WE'D RECOMMEND PUTTING THIS OFF THAT, THAT'S MY FEELING.

UH, I, I TOTALLY AGREE WITH THAT BECAUSE IT'S, WE HAVE, WE HAVE THREE MINUTES LEFT.

THERE'S NO, YOU KNOW, WE DO NOT HAVE THE TIME TO MAKE, TO DEVELOP A RECOMMENDATION TONIGHT.

IT'S OFF THE TABLE.

SO THE ONLY THING, THE MOST PRACTICAL THING TO DO IS EXACTLY WHAT YOU'RE PROPOSING, UH, UH, ISSUE IS TO WRITE TO THE TOWN BOARD AND, AND ASK THEM TO REMOVE IT OFF THE AGENDA BECAUSE WE DON'T HAVE THE TIME, UH, TO DIGEST AND GET ALL THE INFORMATION WE NEED TO MAKE A, A GOOD RECOMMENDATION BACK TO THE BOARD.

WELL, I, I THINK JUST TO ADD, JUST TO, TO CLARIFY THAT IT ISN'T THAT NOT, I DON'T WANT IT TO BE PUT ON US.

OKAY? THE FACT IS WE DON'T HAVE THE INFORMATION AVAILABLE INFORM TO, TO MAKE THAT RECOMMENDATION.

YEAH, THAT'S, YEAH.

BUT THAT, YEAH, WELL, IF I STATE THAT, THAT'S EXACTLY WHAT I MEAN, YEAH.

THAT WE DON'T HAVE THE INFORMATION TO MAKE A RECOMMENDATION.

WE JUST DON'T HAVE IT.

AND SO WE CAN'T, YOU KNOW, WE CAN'T MAKE THAT RECOMMENDATION BETWEEN, SO, MR. SORRY, SORRY.

I'M SORRY.

I DIDN'T WANNA INTERRUPT THAT.

GO AHEAD.

NO, I SAID TO, TO THAT POINT.

'CAUSE UM, YOU KNOW, I KNOW THERE'S A LOT OF INFORMATION AND, AND AGAIN, WE, WE GOT YOU OUR, OUR, OUR CORRESPONDENCE TODAY BECAUSE WE HAD RECEIVED SOMETHING ALSO FROM C A C THIS AFTERNOON AS WELL.

SO WE'RE, WE'RE SCRAMBLING TO GET SOMETHING.

AND I UNDERSTAND YOU HAVE TO DIGEST IT.

SO I, I UNDERSTAND ALL THAT.

MY QUESTION TO YOU IS, I KNOW I'VE HEARD TONIGHT ABOUT THE NOISE.

I'VE ALSO HEARD ABOUT A COUPLE OF THE ISSUES WITH THE BOND AND THE DECOMMISSIONING.

IS THERE ANYTHING ELSE GET, YOU KNOW, WHAT, WHAT I'M HEARING TONIGHT THAT WE CAN GIVE YOU, AND AGAIN, I CAN WORK WITH THE DEPUTY COMMISSIONER AND THE COMMISSIONER TO GET YOU ANSWERS TO THIS, SO HOPEFULLY THAT WE CAN GET THIS HOPEFULLY RECOMMENDED BACK TO THE TOWN BOARD.

AND THE REASON WHY I SAY THAT I UNDERSTAND THE TIMING IN THE LATE HOUR, IT'S ONLY BECAUSE WE, WE ARE, WHEN I SAY WE, UM, EAGLE STORAGE, YOU KNOW, WE HAVE CERTAIN, UH, GUIDE, YOU KNOW, DEADLINES THAT WE WANT TO MEET.

AND HOPEFULLY, UH, ONE OF THOSE THINGS, AND AGAIN, JUST TO LET YOU ALL KNOW, AND, AND IF YOU'VE HEARD THIS, PLEASE STOP ME.

BUT WE, WE HAVE NYSERDA FUNDING THAT WE WOULD LIKE TO TAKE ADVANTAGE OF BEFORE THE END OF THIS YEAR.

AND PART OF THAT, UM, AGAIN, IT IS, IS DICTATED BY US HOPEFULLY HAVING, NOT NECESSARILY APPROVAL, BUT AT LEAST, UH, HOPEFULLY A, A, A POSITIVE RECOMMENDATION ON, ON THE CCRA GOING FORWARD.

SO, AGAIN, NOT FOR YOU ALL, AND I UNDERSTAND THAT YOU, YOU HAVE YOUR TIME CONSTRAINTS AND I UNDERSTAND ALL THE POINTS THAT WERE RAISED AND I, WHICH ARE ALL VERY VALID AND I DO APPRECIATE, AND WE'LL GET TO THE, THE RESPONSES.

MY ONLY QUESTION IS REALLY, IS, IS THERE ANYTHING ELSE THAT YOU SEE THAT YOU WOULD LIKE TO GET US, YOU KNOW, FOR THE NEXT MEETING SO THAT HOPEFULLY WE CAN WRAP THIS UP AND GET IT? THERE WAS ONE OTHER THING THAT MR. SIMON BROUGHT UP.

YEP.

WHICH HAD TO DO WITH THE, THE ETHEL WHATEVER THE COMP, THE LIQUID WAS.

OH, LIQUID, RIGHT.

UH, THE D E C AND THE E P A REQUIRES IT TO BE INFORMED TO, TO MAINTAIN IT WITHIN THE FOOTPRINT OF, OF THE FACILITY.

BECAUSE, BECAUSE, UH, MR. SHEDA, IF, IF INDEED THAT, THAT CAN'T ACTUALLY REACH OUT, YOU NEED TO DO SOMETHING DIFFERENTLY IN TERMS OF, OF THE PLATFORM IN WHICH THEY'RE ON.

IF YOU, IF YOU LOOK GENERALLY WHEN YOU HAVE HAZARDOUS MATERIAL, WE ALTERNATE BOTH KNOW THIS 'CAUSE OF OUR PREVIOUS LIFE, LIFE, A DIFFERENT COMPANY TOGETHER IN DIFFERENT DIVISIONS, BUT PREVIOUS LIFE, UM, WHEN YOU'RE TALKING ABOUT HAZARDOUS MATERIALS LIKE THAT, GENERALLY,

[02:55:02]

NOW, THE FIRE DEPARTMENT WILL TELL YOU THEY WANT IT TO LEAK OUT.

IT'S ALWAYS A PROBLEM BECAUSE THEY, THEY LIKE THE FLAVORABLE MATERIAL TO GO ELSEWHERE, BUT THE E P A WILL TELL YOU AND THE G E C TOO, THEY'VE HAD TO DEAL WITH THAT, THAT THERE HAS TO BE SOME KIND OF CONTAINMENT SYSTEM, WHICH HASN'T BEEN PROPOSED HERE, BECAUSE THAT'S WHERE WE NEED TO UNDERSTAND THE VOLUME OF, OF, OF THE, THE POTENTIAL VOLUME OF THAT LEAKAGE.

SO, UH, LET ME JUMP IN THERE.

UH, THANK YOU MR. SCHWARTZ.

UH, WE WILL GET THE VOLUME, UH, APPROXIMATE VOLUME OF ETHYLENE GLYCOL WITHIN THE SYSTEMS. UM, BUT I DID FORWARD TO AARON SCHMIDT ACTUALLY TO CIRCULATE TO ALL OF YOU DURING THIS MEETING.

I FORWARDED HIM THE, THE LINK TO THE REPORT AND THE DIRECT REPORT ITSELF FROM C D C REGARDING TOXICITY OF ETHYLENE GLYCOL, UH, YOU KNOW, 67 PAGE DOCUMENT.

SO YOU, YOU SHOULD ALL HAVE THAT AFTER THIS EVENING.

I'M GONNA MAKE A, I'M GONNA MAKE A SIGNIFICANT GO AHEAD.

I, UH, I, UH, THE, THE, UH, THE PLANNING BOARD IS THAT COULD GO THROUGH A 60 WHATEVER PAGE DOCUMENT TO FIND THAT PARAGRAPH THAT RELATES TO , I WOULD HOPE.

AND I WILL THINK THAT UNIFYING APPROPRIATE, UH, JUST AN M MSS D S SHEET IS THE MS DSS SHEET, SO I DIDN'T GIVE THE M MSS D S WE CAN CERTAINLY PROVIDE THAT.

I PROVIDED BOTH THE HIGH LEVEL DOCUMENT, WHICH IS THE LINK WHICH SUMMARIZES IT, AND THE FULL REPORT FOR YOUR USE MS. DS SHEET.

IT'S A COUPLE PAGES LONG, IT'S NOT LESS THAN 67 PAGES.

IF I MAY, ONE SECOND.

ONCE AGAIN, WE HAVE A LIST OF ALL THE OPEN QUESTIONS BEFORE WE WRAP IT UP.

AND GO AHEAD, DAVID, BUT I WILL WANNA MAKE SURE THERE'S A LOT OF QUESTIONS THAT THE, THE APPLICANT HA CAN NOTE, NOTE ALL THE OPEN QUESTIONS THAT WE HAVE, SO TO MAKE THE NEXT MEETING MORE, UH, UH, UH, EFFICIENT .

MY SUGGESTION WAS SIMILAR TO, TO, TO THE CHAIRS.

UH, UH, WHAT I, WHAT, UH, I THINK WE'VE SUMMARIZED SOME, IF WE'VE MISSED ANYTHING, UH, BETWEEN AARON AND I, UH, WE'LL GO BACK.

WE'LL PRESENT THAT FIRST TO THE PLANNING BOARD JUST TO MAKE SURE THAT THERE ARE NO ADDITIONAL QUESTIONS THAT WE MISSED.

AND WE'LL FORWARD THAT TO MR. RETA AND, UH, AND I THINK AS IN THE PAST, WITH SOME OF THE THINGS HE WILL PRESENT IN A LETTER FORM, UH, AS BEST AS YOU CAN AT THESE SUMMARIES AND CITATIONS SO THAT ALL THAT INFORMATION IS UPFRONT AND AVAILABLE AND EASILY READ BY THE BOARD.

WE'LL DO THAT.

THANK YOU, MR. REMEMBER, THERE'S A SHORT TURNAROUND BEFORE OUR NEXT MEETING BECAUSE OF THANKSGIVING IN THE MIDDLE OF IT.

WE'LL, I'VE ALREADY SPOKEN TO MR. SCH AND HE'S NOT HAVING 25 PEOPLE AT HIS RESIDENCE.

YEAH, NO, IT'S ONLY, ONLY NINE .

SO WEDNESDAY, OKAY, WE MADE A COMMITMENT TO, UH, END OUR MEETING ON TIME.

THERE'S NOW FOUR MINUTES AFTER EIGHT.

UH, UM, UH, I THANK DAVID FOR MAKING THAT, UH, UH, TO FOCUSING THAT, UH, OUR ATTEMPT TO GET ALL THE QUESTION IN WRITING TO THE APPLICANTS SO THEY COULD PROPERLY PREPARE.

DO WE NEED A, DO WE NEED A MOTION, WALTER TO, TO DRAFT FOR AARON TO DRAFT THE LETTER TO THE TOWN BOARD? DELAYING, I THINK THAT REQUESTING A DELAY.

I BELIEVE THAT, THAT WE, THAT THE PLANNING BOARD SENDS A LETTER TO THE TOWN BOARD DELAY, UM, THE HEAR THEIR HEARING ON THE SUBJECT.

DO YOU HAVE A SECOND? WE OKAY.

ALL IN FAVOR? AYE.

HAVE TO DO IT AND GET IT TO THE TOWN BOARD IF WE DO NOT GET ALL THE APPROPRIATE INPUT.

SO THAT'S WHAT WE'LL DO.

AND, UH, UH, HOPEFULLY, UH, AT OUR NEXT MEETING, UH, WE'LL HAVE ALL THESE QUESTIONS, UH, UH ANSWERED AND WE'LL BE ABLE, AT THAT POINT, WELL, WE'LL BE DELAYED.

SO IT WON'T BE AT THE NEXT MEETING, BUT, UH, UH, WE'LL ASK THE PLANNING, UH, THE TOWN BOARD TO DELAY IT, AND THEN WE CAN ADJUST OUR CALENDAR ACCORDINGLY.

YEAH, JUST, JUST A POINT OF CLARIFICATION, MR. CHAIRMAN, YOU SAID, UH, HOPEFULLY AT THE NEXT MEETING, IF WE PROVIDE YOU THE INFORMATION, UH, ON TIME AND YOU'RE SATISFIED, IT, IT'S CONCEIVABLE THAT WE CAN GET A RECOMMENDATION TO THE TOWN BOARD AT THAT NEXT MEETING.

IF, IF, UH, IF ALL GOES WELL, BECAUSE YOU SAID WE, I JUST HEARD YOU SAY .

YEAH, THAT'S THE OPTIMISTIC, BUT I DON'T WANNA BE UNDER THE TIME PRESSURE THAT WE

[03:00:01]

SO WHERE IS THAT IS A POSSIBILITY? I DON'T, WE SHOULD NOT PLAN ON IT.

I I, I, I DO WANT, WALTER, I THINK WE QUESTION, WE, I WANNA BE CLEAR, THERE ARE TWO PARTS OF THIS THOUGH THAT MR. SHE HAS TO UNDERSTAND.

I MEAN, YOU READ THIS MR. SHE, YOU READ THE CACS DOCUMENT MM-HMM.

, OKAY.

AND OKAY, THAT DOCUMENT I'M SURE WILL BE FORWARDED TO THE TOWN BOARD AS WELL.

AND SO THERE'S AN ISSUE WHICH IS BEYOND YOUR CONTROL AT THIS POINT, I THINK OKAY.

REGARDING THE SPECIAL PERMIT ITSELF AND WHETHER THIS, THIS ACTUALLY APPLIES UNDER THAT SPECTRUM PERMIT.

NOW, THE BUILDING INSPECTOR RULES, WHO WE LISTENED TO, UM, SAYS IT DOES, UM, THAT'S AN OPINION THAT CAN BE APPEALED TO THE ZONING BOARD.

THAT'S REALLY GONNA BE UP TO THE TOWN BOARD WHETHER THEY WANT TO DO THAT.

WE TYPICALLY, AS OF BOARD DON'T DO THAT OURSELVES.

UH, WE HAVEN'T IN THE PAST ANYWAY, BUT JUST UNDERSTAND THAT'S STILL AN OPEN, THAT IS AN OPEN GOING TO BE AN OPEN ISSUE THAT HAS TO BE RESOLVED.

I WANT TO, I WANT YOU TO KNOW EXACTLY WHAT'S GOING ON.

AND, AND I'M FAMILIAR WITH THAT AND I UNDERSTAND, UH, AGAIN, YOU KNOW, WE WOULDN'T BE HERE UNLESS WE, WE WOULD HAVE TO, YOU KNOW, WE HAD TO GO AHEAD FROM THE BUILDING DEPARTMENT SAYING THAT THE USE WAS OKAY, SUBJECT TO THE SPECIAL PERMIT.

SO I UNDERSTAND THAT, UH, THAT BEING SAID, YOU KNOW, AGAIN, THE BUILDING INSPECTOR HAS, YOU KNOW, STATED WHAT HE STATED, SO HOPEFULLY THEY'LL BE ABLE TO RELY ON THAT, THEN WE'LL PROCEED ACCORDINGLY.

UM, I, I JUST DON'T WANT BE, I KNOW YOU, IT'S GETTING LATE, BUT JUST A, A QUICK THING BECAUSE I KNOW THERE'S BEEN A DISTINCTION BETWEEN, YOU KNOW, THE RECOMMENDATION ON OUR PROJECT AND ALSO ON THE TOWN CODE.

AND I THINK JUST GOING FORWARD, I, AND I LEAD THIS TO YOUR, YOUR DEPUTY TOWN ATTORNEY AND STAFF AND AS WELL AS YOU THINK ABOUT, BUT YOU KNOW, IN TERMS OF PRECEDENT, WHICH IS A WORD I'VE BEEN HEARING IN THE C A C I, I THINK THERE'S A, THERE'S A LOT HERE ON THIS PROJECT THAT COULD DISTINGUISH OTHER PROJECTS GOING FORWARD WITH RESPECT TO ANY SUBSEQUENT LOCAL LAW THAT THE TOWN MAY HAVE.

SO AGAIN, I DON'T WANNA LOSE SIGHT OF THAT BECAUSE THERE'S A LOT HERE THAT IS DIFFERENT.

YOU KNOW, WE'RE NOT IN THE MIDDLE OF A RESIDENTIAL NEIGHBORHOOD, WE'RE ALREADY IN R 30, BUT WE'RE NOT IN THE MIDDLE SMACK DAB OF HOMES.

SO THERE ARE THINGS THAT YOUR BOARD, THE TOWN BOARD CAN DO TO DISTINGUISH THAT GOING FORWARD, MAAM, MR. SHORT ON THAT SUBJECT, OKAY? YOUR OWN EDIFICATION.

THINK ABOUT THIS FOR A SECOND.

THIS SPECIAL PERMIT, EVEN IF IT IS COVERED UNDER THE SPECIAL PERMIT, THERE ACTUALLY, UH, A LOT OF ROOM FOR THE TOWN WOULD DECIDE YAY OR NAY BECAUSE THERE AREN'T SPECIFIC PARAMETERS IN THE SPECIAL PERMIT.

IT'S REALLY RELATED TO SEEKER.

SO MAKE YOU MAKING THE CASE OF THAT DIFFERENTIATION IS, IS SOMETHING YOU COULD DO.

OUT THERE.

AGAIN, IT'S MORE FOR YOUR CONCERN.

OKAY, WITH THAT SAID, I'D LIKE TO WRAP IT UP.

WE KNOW WHAT WE NEED TO DO, UH, IN TERMS OF, WELL, ASKING FOR THE TOM BOARD TO POSTPONE.

IF BY SOME MIRACLE WE'RE ABLE TO GET EVERYTHING DONE BEFOREHAND, THAT'S ANOTHER ISSUE.

BUT I AM NOT, UH, WILLING TO WORK UNDER THE PRESSURE THAT WE MUST DO IT IN TIME FOR THE NEXT, UH, UH, UH, TOWN, UH, OR MEETING BECAUSE THERE'S JUST TOO MANY UNKNOWNS OUT THERE.

SO, SO, UH, I'M NOT WORKING ON, ON THAT SCHEDULE.

OKAY? SO, SO, BECAUSE I THINK THAT WILL BE THE, A MIRACLE SCHEDULE IF WE ARE ABLE TO DO THAT.

AND, UH, AND, UH, THE CHANCES OF THAT, I JUST WANNA BE REALISTIC.

THE CHANCES OF THAT HAPPENING IS REMOTE.

JUST WANT TO PUT IT OUT THERE, CLAIRE.

SO THERE'S NO EXPECTATION THAT, UH, EVERYTHING WILL BE IN PLACE AND, UH, IN TIME TO, UH, RESCIND OUR, UH, RECOMMENDATION TO THE TOWN GROVE TO POSTPONE.

OKAY? I, I LET JUST BE CLEAR ON THAT, UM, BECAUSE NOW I'M A BIT CONFUSED.

IF I HAD THOUGHT THAT MR. SHERETTA WAS SAYING IF HE AND THE PROJECT TEAM ARE ABLE TO SUBMIT RESPONSES, YOU KNOW, BY NEXT WEDNESDAY THAT THE PLANNING BOARD COULD TAKE THIS UP AGAIN AT ITS DECEMBER 2ND MEETING AND POTENTIALLY ISSUE A RECOMMENDATION POTENTIALLY EVENING, RIGHT? THAT'S POSSIBLE.

NO, NO, NO, NO.

I WANTED TO CLARIFY THAT IS DEFINITELY, THAT IS DEFINITELY POSSIBLE, BUT IN THE MEANTIME, I STILL WANT THE TOWN BOARD TO DELAY IT.

AND IF IN FACT WE GET THROUGH EVERYTHING, WE CAN WRITE ANOTHER LETTER TO TOWN BOARD AND SAY, HEY, WE RESOLVE EVERYTHING, PUT IT BACK ON THE AGENDA.

NO, AND AARON'S .

OKAY, THAT'S

[03:05:01]

WHAT I WAS GETTING AT.

THAT'S ALL I WAS SAYING, RIGHT? BECAUSE THE TOWN BOARD MEETING IS SET, IS SET FOR THE 24TH NEXT TUESDAY.

SO THAT WOULD CERTAINLY BE BEFORE THE PLANNING BOARD'S NEXT MEETING.

I JUST WANTED TO CLARIFY THAT.

UM, WE WILL TRANSMIT THE MEMO FROM THE PLANNING BOARD TO THE TOWN BOARD, YOU KNOW, TOMORROW OR FRIDAY THE LATEST, SO THAT THEY GET IT AHEAD OF THE 24TH, WHICH IS THE SCHEDULED DATE, RIGHT? OKAY.

THANK YOU EVERYONE.

IT'S, UH, WE PASSED OUR COMMUTE TIME IS EIGHT, UH, 11.

SO I THANK EVERYONE FOR, HAVE A SAFE AND HAPPY THANKSGIVING.

EVERYBODY REMEMBER AS MR. SHERETTA SAID, ONLY NINE PEOPLE AT YOUR THANKSGIVING DINNER.

IT, EVERYBODY ELSE WAIT OUTSIDE.

, THANK YOU VERY MUCH FOR EVERYTHING THIS EVENING, EVERYONE.

BYE.

BYEBYE.

NOW I JUST ANNOUNCED TO PLEASE KEEP EVERYBODY, UM, PLEASE KEEP YOUR, YOUR MUTE MICS.

MICS MUTED, PLEASE.

JUST, UH, ANOTHER ANNOUNCEMENT.

AND CHAIRPERSON.

SIMON, WHEN YOU'RE READY TO GO, I WILL START RECORDING THE MEETING.

PLEASE KEEP YOUR MIC MUTED IF YOU ARE NOT SPEAKING.

ONE QUESTION.

DID WE GET CONFIRMATION FROM GEORGE THAT WE'RE AT ON, UH, THE CABLE CHANNEL? HE DID SAY, I'M HERE.

I WROTE HIM BACK.

WE WERE JUST ABOUT TO GO LIVE.

LET'S JUST CONFIRM YES, WE ARE ON TABLE TV.

THANK YOU DAVID.

JUST A ANOTHER REMINDER TO PLEASE KEEP YOUR MIC MUTED AND I WILL START THE RECORDING NOW.

UH, THE MINUTES OF, UH, NOVEMBER 4TH.

OKAY, WE ARE RECORDING CHAIRPERSON SIMON.

OH, GOOD EVENING AND WELCOME TO, UH, WEDNESDAY, NOVEMBER 18TH, 2020, PLANNING BOARD MEETING.

I WOULD ASK DEPUTY COMMISSIONER SCHMIDT TO CALL THE ROLL CALL COLE, CHAIRPERSON.

SIMON HERE.

MR. SCHWARTZ? HERE.

MR. GOLDEN HERE.

MR. DESAI, UH, CORRECT.

YOU'RE ON.

UM, YOUR MIC'S MUTED HERE.

, UH, MR. HAY HERE.

UH, THE FIRST THING ON THE AGENDA IS,

[03:10:01]

UM, I HAVE A COMMENT ON THE MINUTES, AND IF YOU LOOK UNDER FOUR CORRESPONDENCE AND LINE 1, 2, 3, 4, 5, AFTER THE FIRST, UH, UH, MEET, UH, AFTER MEETING, UH, UM, I WOULD LIKE TO INSERT, UH, ANOTHER SENTENCE THAT, UH, WAS NOT CAPTURED.

UM, AND IT SHOULD READ HOWEVER, PLANNING BOARD MEMBERS SHOULD FEEL FREE TO ASK QUESTIONS REGARDING CLARIFICATION OF THE INFORMATION PRESENTED.

WE WILL ADD THAT TO YOUR .

THAT'S THE ONLY, UH, UM, THAT, AND I THINK THE OTHER THING I STOLE WAS THE SEPARATION OF, UM, OF THE WORD, UH, ABOVE GROUND.

THAT'S TWO WORDS.

ANY OTHER COMMENTS ABOUT THE MINUTES? YES, WE HAVE THAT ON PAGE FOUR.

ARE THE, IF THERE'S NO OTHER COMMENTS BY, UH, REGARDING THE MINUTES, I WILL ENTERTAIN A MOTION TO ACCEPT THE MINUTES AS CORRECTED.

SO MOVED.

UM, THE SECOND, WHO IS THE SECOND? TOM? OKAY, TOM.

UH, WHAT I PLAN TO DO IS, I THINK A VOTE, WE JUST NEED TO VOTE.

OH, I'M SORRY.

ALL THOSE IN FAVOR? AYE.

MAY I OBJECT? THANK YOU.

NO OBJECTION.

SO ANY, UH, NO ABSTENTION MOTION IS CARRIED.

UH, I'M, I'M MAKING A CHANGE IN THE ORDER OF THE AGENDA.

UH, UH, PUT PUTTING, LOSING WALTER, YOU'RE FROZEN.

SO WE'LL WAIT FOR CHAIRPERSON SIMON'S VIDEO TO GET BACK HEARING FIRST THE APPLICANT NOTIFIED THAT.

AND THEN WE HAVE, UM, UH, UH, TWO MAJOR AFTERWARDS.

SO I WANTED TO GET THERE AND, UH, A DISCUSSION ON SENIOR HOUSING.

SO JUST TO RESTATE THAT, UM, THE FINAL AGENDA DOES REFLECT THIS.

WE'RE GOING TO TAKE THE PUBLIC HEARINGS, UH, FIRST AND THEN TAKE THE WORK SESSION ITEMS FOLLOWING THE PUBLIC HEARING.

THANK YOU CHAIRPERSON.

AND SIMON, DID I KNOW WE HAVE, UM, WE'RE HAVING A LOT OF PROBLEMS HERE, AARON, THE PRICE? YEAH, WE ARE BREAKING UP.

AARON.

NO, WALTER, I THINK YOU'RE BREAK.

I DON'T, I THINK YOU'RE THE ONE THAT'S BREAKING UP, ACTUALLY.

NOT WA NOT AARON.

CAN YOU HEAR ME? YEAH, NOW WE CAN.

OKAY, LET ME, LET ME JUST MAKE ONE ADJUSTMENT TO THIS.

UH, YOU GOTTA GET HIM A HIGH SPEED INTERNET.

AARON TOWN SHOULD PAY FOR THAT.

OKAY, THE CHAIRMAN.

WE'RE WORKING ON IT.

MAYBE I SHUT THAT ON.

ALL RECALL FROM OUR WORK SESSION PRESENTATION, UH, A COUPLE OF WEEKS BACK, WE ARE HERE WITH REGARD TO THE ADAPTIVE REUSE AND REPURPOSING OF A SOMEWHAT DILAPIDATED RESIDENTIAL STRUCTURE ON SAWMILL RIVER ROAD, UM, AND INTRODUCING, UH, A WONDERFUL, UH, RELIGIOUS USE TO THE SITE.

UM, OKAY.

THE FIRST ITEM FOR PUBLIC HEARING IS CASE PB 20 DASH TWO, DRUG OF TEMPLE 1880 SAWMILL RIVER ROAD.

DO WE HAVE A REPRESENTATIVE FOR THIS ESTABLISHMENT? YES.

YES, WE DO.

GOOD EVENING, MR. CHAIRMAN.

MEMBERS OF THE BOARD.

DAVID STEIN METZ FROM THE LAW FIRM OF ZAIN AND STEIN METZ.

TOGETHER WITH MY COLLEAGUE MAX MAHALICK HERE, UH, PLEASED TO BE REPRESENTING THE DEJA HINDU TEMPLE ALONG WITH US, UH, FROM OUR CLIENT GROUP, OMM DIMON, AS WELL AS DEVON SHARMA.

UH, AS I THINK YOU

[03:15:01]

WE WALKED YOU THROUGH THE SITE PLAN AND DISCUSSED SOME OF THE ISSUES RELATIVE TO THE SITE, THE D O T, RIGHT OF WAY, ET CETERA.

LAST TIME, MAX, UH, ALONG WITH OUR PROJECT ARCHITECT, TOM ALAMA, WHO'S ALSO ON WITH US THIS EVENING, UH, MAX WILL WALK US THROUGH THE SITE PLAN AND THEN WE ARE, UH, HAPPY TO ANSWER ANY QUESTIONS THAT MIGHT ARISE.

I DO KNOW THAT THE TOWN ATTORNEY'S OFFICE ASKED US TO VERY BRIEFLY, UH, SPEAK TO THE ISSUE OF THE LENIENCY THAT IS, UH, AFFORDED RELIGIOUS USES.

WE WILL, UH, HAPPILY DO THAT.

AND THEN, AS I SAID, WE'RE HERE TO ANSWER ANY QUESTIONS AND WE LOOK FORWARD TO CONDUCTING AND CLOSING THE PUBLIC HEARING AND ALLOWING THE HINDU TEMPLE TO PROCEED.

SO I'LL TURN IT OVER TO MAX, UH, TO WALK US THROUGH THE DETAILS.

GREAT, THANK YOU.

UM, JUST LOADING NOW.

CAN EVERYONE SEE THE SLIDE IN FRONT OF THEM ENTITLED TREATMENT OF RELIGIOUS LAND USES? YEAH.

EXCELLENT.

SO, AS I SAID, I'M JUST ADDRESSING TREATMENT OF RELIGIOUS LAND USES UNDER NEW YORK AND FEDERAL LAW.

UNDER NEW YORK CASE LAW.

IT IS ESTABLISHED THAT AS A MATTER OF PUBLIC POLICY, RELIGIOUS USES ARE PRESUMED TO HAVE A BENEFICIAL EFFECT ON THE COMMUNITY.

IN ADDITION, PURSUANT TO NEW YORK CASE LAW, THE THIS REQUISITE SPECIAL TREATMENT PER RELIGIOUS LAND USES, UH, MEANS THAT WHILE THEY ARE NOT EXEMPT FROM LOCAL ZONING LAWS, GREATER FLEXIBILITY AND LENIENCY IS REQUIRED IN EVALUATING THE APPLICATIONS FOR SUCH A USE AS COMPARED TO PERHAPS ANOTHER USE OR A DIFFERENT USE.

AND EVERY ACCOMMODATION FOR THE RELIGIOUS USE MUST BE MADE.

AND SO ORDINARILY SUCH FACTORS AS PERHAPS INCREASES IN TRAFFIC REDUCTION IN TAX REVENUE, THOSE TYPE OF PERHAPS NEGATIVE FACTORS ARE INSUFFICIENT TO REBUT THE PRESUMPTION OF A RELIGIOUS USES MORAL ABUNDANT BENEFIT.

IN ADDITION, WE HAVE FEDERAL LAW, WE HAVE THE RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS ACT IN ACTION 2000.

IT PROHIBITS LAND USE REGULATIONS THAT IMPOSE A SUBSTANTIAL BURDEN ON RELIGIOUS EXERCISE UNLESS A GOVERNMENT CAN SHOW A COMPELLING GOVERNMENTAL INTEREST THAT IS IMPLEMENTED IN THE LEAST RESTRICTIVE MEANS POSSIBLE.

AND WHAT IS THE SUBSTANTIAL INTEREST? WELL, ACCORDING TO THE FEDERAL COURT OF THE SECOND CIRCUIT RELYING ON NEW NEW YORK LAW, IT, IT HELD THAT MUNICIPALITY CANNOT SHOW, CANNOT DEMAND THAT A RELIGIOUS LAND USE SHOW NO NEGATIVE IMPACTS BECAUSE SUCH A REQUIREMENT FAILS TO RECOGNIZE THAT RELIGIOUS USES HAVE AN INHERENT BENEFICIAL EFFECT THAT MUST BE WEIGHED AGAINST THEIR POTENTIAL HARMS. SO THAT'S JUST A REALLY QUICK REVIEW OF STATE AND FEDERAL LAW WHEN IT COMES TO, UH, THE TREATMENT OF RELIGIOUS LAND USES.

UH, FOR THE PURPOSES OF THE RECORD, I KNOW THAT THE BOARD DID DISCUSS THIS ITEM DURING AN EXECUTIVE SESSION ADDED TO WORK SESSION ON NOVEMBER FOUR, AND IS, UH, FULLY UPDATED ON THAT FRONT, BUT I WANTED TO MAKE SURE THAT THIS WAS IN THE RECORD FOR THE PUBLIC'S BENEFIT.

UM, SO NOW I'M JUST GOING TO TURN TO OUR SUBMISSION AND UPDATED SITE PLAN.

SO I FEEL LIKE I'M GONNA LET DOWN ALL THE MILLENNIALS.

UM, BUT ONE MOMENT, LET ME JUST TRY TO SHARE, FIGURE OUT HOW TO SHARE OVER TO OUR NEW P D F MOMENT PLEASE.

I'M JUST TURNING TO, HERE WE GO.

DO YOU GUYS BY CHANCE SEE THE SITE PLAN IN FRONT OF YOU? NO.

JUST WANNA MAKE SURE.

YEAH, WE DO.

WHAT WE DID IS WE HAD ADDED FOUR STEP LIGHTS AND FOUR BOLLARD LIGHTS ALONG THE STAIRS AS WELL AS TWO WALL-MOUNTED LIGHTS, ONE ON EITHER SIDE OF THE FRONT DOOR.

FIGURE THAT NOT LET THE MILLENNIALS DOWN.

SO MOVING AHEAD THEN.

UM, SO BASED ON THE COMMENTS RECEIVED AT THE NOVEMBER FOUR WORK SESSION, UM, THERE WERE SOME UPDATES TO THE SITE PLAN.

UM, AS YOU'LL SEE ON PAGES A ONE AND A EIGHT, WE UPDATED THE SYMBOL IDENTIFYING THE ACCESSIBLE PARKING SPACE TO THE NEW STANDARD AS WELL.

ON PAGE A EIGHT, WE UPDATED, UM, TO SHOW THAT THE FLAGSTONE STEPS WILL NOT BE USED FOR PUBLIC USE.

THIS IS THE FLAGSTONE STEPS TO THE NORTH OF THE BUILDING.

IN ADDITION, WE ADDED A NOTE THAT THE WOODEN STEPS WILL BE RECONSTRUCTED, UM, IN ORDER TO ENSURE THAT THEY'RE SAFE FOR USE BY CONGREGANTS.

AND THERE WAS A QUESTION REGARDING LIGHTING ALONG THE FRONT STAIRS.

[03:20:01]

UM, THE CROSS SECTIONS OF ALL LIGHTS FOR THE SITE ARE SHOWN ON PAGES A EIGHT AND A NINE OF THE SITE PLAN.

SO FOR EXAMPLE, WE HAVE A STEP LIGHT HERE AND THEN THE WALL MOUNTED LIGHT HERE.

UM, WE ALSO ADDED ON PAGE A EIGHT, A LIGHTING SCHEDULE THAT SHOWS ALL IN ALL THERE WILL BE 14 LIGHTS ON THE SITE.

AND IF I JUST WANNA TRY TO ZOOM IN HERE SO EVERYONE CAN SEE THAT ONE MOMENT AND THAT SCHEDULE IS THERE LISTING THE TYPES OF LIGHTS, UH, THAT WILL BE INSTALLED ON THE SITE.

AGAIN, ALL THESE LIGHTS WILL BE DESIGNED IN A WAY THAT MINIMIZES OR HAS NO IMPACT ON THE SURROUNDING PROPERTIES.

UM, BUT ENSURING AT THE SAME TIME VISIBILITY ON THE SITE FOR CONGREGANTS.

THERE WAS, UM, A CONVERSATION DURING THE WORK SESSION ABOUT TREES THAT ARE DEAD OR DYING ON THE PROPERTY.

SO MR. ALAMA AND I VISITED THE SITE AND WE IDENTIFIED EIGHT TREES THAT APPEARED TO BE DEAD OR DYING.

WE HAVE LISTED THOSE IN A TREE REMOVAL PERMIT APPLICATION THAT HAS BEEN SUBMITTED TO DEPUTY COMMISSIONER SCHMIDT AND HE IS REVIEWING THAT APPLICATION.

BUT WHAT WE DID IS WE IDENTIFIED THOSE TREES ON THE SITE AND WE MADE THIS PHOTO KEY WITH A PICTURE OF EACH TREE.

IN ADDITION, THERE IS A TREE THAT HAS FALLEN ON THE HOME THAT WILL BE REMOVED OF COURSE, AS PART OF THE REPURPOSING OF THE STRUCTURE AND THE WORK TO BE DONE ON THE SITE.

UH, BUT WE WANNA MAKE SURE THAT THE SITE IS SAFE FOR CONGREGATES AND THAT THE TREES WILL NOT IMPACT THE STRUCTURE OR THE PARKING AREA.

SO WE DID LIST THESE TREES AS THE TREES WE IDENTIFIED AS POTENTIALLY HAZARDOUS.

AND MR. SCHMIDT IS REVIEWING OUR APPLICATION.

THERE WAS A QUESTION ABOUT THE D O T RIGHT OF WAY AND WHAT TIME THAT WAS TAKEN.

SO ONE MOMENT, I'M JUST GONNA PULL UP THE LETTER THAT WE SUBMITTED TO THE BOARD ON NOVEMBER 12TH.

SO THIS IS MAP 9 3 6 1 COMES FROM WESTCHESTER COUNTY RECORDS AND IT SHOWS THAT THE D O T RIGHT OF WAY WAS TAKEN ON OR ABOUT THE YEAR OF 1954.

SO I JUST WANTED TO INCLUDE A COPY OF THAT MAP.

I UNDERSTAND THE COPY WAS A LITTLE BLURRY.

APOLOGIES FOR THAT.

THAT'S ABOUT THE BEST THAT CAME OUT OF THE COUNTY RECORDS IN 1954.

BUT WE DO HAVE A WELL ARTICULATED MAP HERE SHOWING THAT THE D O T WAS APPROPRIATED, APPROPRIATED THIS CHUNK OF LAND.

UH, LASTLY THERE WAS A QUESTION FROM THE BOARD'S COUNSEL REGARDING THE HISTORY OF THE PROPERTY AND THE USES PERMITTED.

SO WE WENT THROUGH THE RECORD, UH, THAT WE HAD.

I HAD A CONVERSATION WITH THE STAFF AT THE BUILDING DEPARTMENT.

SO THE HOME WAS BUILT IN 1918.

THERE ARE NO PLANNING BOARD CASE HISTORIES ON THE PROPERTY.

THERE ARE THREE Z B A CASE HISTORIES THAT WERE PREVIOUSLY PROVIDED TO THE BOARD IN 1972 AND 1974.

SPECIAL PERMITS WERE DENIED BY THE Z B A FOR A NURSERY SCHOOL AND ARREST HOME RESPECT RESPECTIVELY.

IN 1978, THERE WAS A SPECIAL PERMIT ISSUED FOR A DAYCARE SLASH BABYSITTING OPERATION ON THE SITE.

BUT HOWEVER, THERE IS NO RECORD OF THIS USE EVER BEING IMPLEMENTED, NOR ANY RECORD OF ANY PLANNING BOARD REVIEW FOR SUCH USE.

THE PROPERTY WAS UTILIZED AS A SINGLE FAMILY HOME UNTIL OR AROUND 2017, AND IN MARCH OF THAT YEAR, THE FORECLOSURE SALE TOOK PLACE AND THE HOME HAS BEEN VACANT EVER SINCE.

SO THAT'S PRETTY MUCH JUST A REVIEW OF OUR SITE PLAN UPDATES AND OUR RESPONSES TO SOME OF THE COMMENTS.

MAX, IF YOU COULD, MAX, IF YOU COULD JUST GO BACK TO THE SITE PLAN AND JUST REMIND THE BOARD THE Z V A APPLICATION THAT WE HAVE FILED AND MADE AND THE VARIANCE THAT WE'RE SEEKING, JUST SO THAT THE RECORD IS CLEAR.

AND I THINK THE BOARD MAY THEN BE IN A POSITION TO MAKE A RECOMMENDATION TO THE ZONING BOARD.

AND WE'VE ALSO RECEIVED A LETTER OF SUPPORT, AN EMAIL OF SUPPORT FROM A NEIGHBOR THAT HAS BEEN PROVIDED TO THIS BOARD IN OUR INITIAL SUBMISSION.

SO I WILL PULL UP THE SITE PLAN SO WE HAVE IT ALL IN FRONT OF US.

HERE WE GO.

SO HERE'S AIP PLAN.

SO JUST AS A REMINDER, THIS IS A REPURPOSING OF THE DILAPIDATED SINGLE FAMILY ON THE HOME, ON THE SITE TO A HINDU TEMPLE.

WE ARE BEFORE THE Z B A RIGHT NOW FOR A FRONT YARD VARIANCE, UM, FOR A 36.8 FOOT SETBACK.

UM, AS COMPARED TO THE A HUNDRED FOOT SETBACK REQUIRED UNDER THE ZONING CODE.

UH, WE ARE ACTUALLY LOCATED OVER A HUNDRED FEET FROM THE SAWMILL RIVER ROAD, UM, CURB LINE.

HOWEVER, DUE TO THE DOTS TAKING OUR FRONT YARD LOT LINE IS ONLY 36.8 FEET, UH, FROM THE STRUCTURE, THE STRUCTURE.

AND THUS WE REQUIRED A FRONT YARD VARIANCE UNDER THE ZONING CODE AND WE HAVE THEM FOR THE ZONING BOARD OF APPEALS.

UH, THERE WERE NO COMMENTS OR QUESTIONS FROM THE E B A AT OUR INITIAL MEETING, AND WE ARE UP FOR HOPEFUL APPROVAL TOMORROW NIGHT.

AND IT'S BEEN A PRETTY STRAIGHTFORWARD APPLICATION.

[03:25:01]

SO, SO JUST TO CLARIFY THAT, UH, THE, THE ACTUAL SETBACK FROM THE CURB AND THE TRAVEL WAY IS IN EXCESS OF WHAT WOULD OTHERWISE BE REQUIRED UNDER RESULT ZONING BULK REQUIREMENTS.

IT'S SIMPLY AS A RESULT OF THAT 1954, TAKING THAT THE DOT'S LEGAL RIGHT OF WAY EXTENDS INTO WHAT OTHERWISE WOULD APPEAR TO BE THE FRONT YARD OF THE, UH, HINDU TEMPLE SITE.

SO THIS IS A TECHNICAL VARIANCE.

WE ARE REQUIRED TO, UH, OBTAIN IT.

UH, AND, AND WE WOULD, UH, I, I DON'T KNOW WHETHER THE DEPUTY COMMISSIONER WAS INDICATING THAT THE BOARD MIGHT ENTERTAIN, UM, INDICATING ITS SUPPORT, BUT WE ARE IN FRONT OF THE ZONING BOARD AND, UM, WANTED TO MAKE SURE YOU ALL KNEW ABOUT THIS VARIANCE.

AND WE ARE HAPPY TO ANSWER ANY QUESTIONS AND ADDRESS ANY ADDITIONAL COMMENTS.

ARE THERE ANY QUESTIONS OF THE BOARD IN REGARDS TO THIS APPLICATION? I DON'T HAVE A QUESTION, BUT I DID WANNA SAY THAT WAS VERY, UM, THOROUGH AND WE COVERED ALL THE POINTS THAT WERE BROUGHT UP AND I THOUGHT YOU DID A GREAT JOB.

ANY OTHER COMMENTS? IF NOT, DO WE HAVE ANY, UH, MEMBERS OF THE PUBLIC WHO PUBLIC WHO WISH TO SPEAK ON THIS APPLICATION? YES.

UM, MY NAME IS, PLEASE IDENTIFY YOURSELF FOR THE RECORD.

YEAH, YOU HAVE THE PLAN UP THERE.

I CAN'T SEE MYSELF.

MY NAME IS MURRAY BOWDEN AND I APPRECIATE THE FACT THAT YOU CHANGED THE HANDICAP SIGN TO THE NEW ONE AND, UH, MOVING FORWARD.

UH, DO WE HAVE A, UH, PROPOSAL FROM ANY BOARD MEMBER HOW WE SHOULD CLASSIFY THIS APPLICATION, MOVE, MOVE IT AS A POSITIVE RECOMMENDATION TO THE PLAN OUT TO THE ZONING BOARD? SECOND VOTE, VOTE YES.

YOU CAN GIVE IT TO MICHAEL IF YOU WANT.

I THINK IT WAS, UH, IT WAS A TIE BETWEEN MICHAEL AND YOU.

NO, I, I GO BETWEEN MICHAEL AND TOM.

MICHAEL AND TOM.

YOU WAS FIRST ALL.

YOU WAS FIRST AND SECOND BY MICHAEL.

SO LET THE RECORD SHOW WE'RE SECOND BY, UH, MICHAEL.

AND, UM, ALL THOSE IN FAVOR, AYE.

OPPOSED TO NO OPPOSED AND OBJECTIONS THOUGH, WE WILL MAKE A POSITIVE RECOMMENDATION TO THE ZONING BOARD FOR THAT, UH, UM, UH, UH, LOT LINE SETBACK THAT'S BEING REQUESTED BY THE, THE APPLICANT.

CONSIDERING ITS DECISION ON DECEMBER 2ND.

I WILL GET THAT OFF.

I WILL GET THAT OFF TO THE ZONING BOARD AS WELL AS THE APPLICANT TOMORROW.

THANK YOU ON BEHALF OF THE TEMPLE, MR. CHAIRMAN, MEMBERS OF THE BOARD, WE APPRECIATE YOUR EXPEDITIOUS, UH, REVIEW AND APPROVAL AND WE LOOK FORWARD TO HOSTING ALL OF YOU AT THE, UH, OPENING OF THE TEMPLE WHEN IT IS READY.

WELL, WE STILL HAVE A BIT MORE BUSINESS ON, ON THIS.

YEAH, WE DID YOU WANNA CLOSE THE PUBLIC HEARING AND, UH, LEAVE THE RECORD OPEN? YEAH, THAT OKAY.

NOW, IN, IN, UH, NORMALLY WE WOULD CLOSE THE PUBLIC HEARING AND KEEP THE RECORD OPEN TO THE WEDNESDAY, UH, BEFORE THE DISTRIBUTION OF THE PACKAGE TO GIVE THE STAFF TIME TO DO THAT.

HOWEVER, THE NEXT DAY THURSDAY IS THANKSGIVING.

SO I'M LOOKING FOR, UH, DEPUTY SCHMIDT TO GIVE ME A RECOMMENDATION OF WHEN YOU, YOU FEEL YOU NEED THE OPERAT.

UM, YOU NEED, UH, UM, THE INFORMATION TO PREPARE THE PACKAGE FOR OUR DECEMBER MEETING IN THIS CASE.

CHAIRPERSON.

SIMON, WE'RE COMFORTABLE WITH YOU CLOSING THE PUBLIC HEARING AND LEAVING THE RECORD OPEN THROUGH NEXT WEDNESDAY THE 25TH OF NOVEMBER.

I HAVE A QUESTION, MA, DON'T WE NEED TO LEAVE THE RECORD OPEN UNTIL WE GET A DECISION FROM THE Z B A? NOT IN THIS CASE.

SO FROM A SEEKER STANDPOINT, THIS IS AN UNCOORDINATED

[03:30:01]

REVIEW.

BOTH MATTERS, UH, BOTH THE VARIANCE BEFORE THE ZONING BOARD AS WELL AS THE APPLICATION BEFORE THE PLANNING BOARD QUALIFIES.

TYPE TWO ACTION.

I WAS GOING TO GET TO THAT SO THAT THE BOARD WOULD BE IN A POSITION TO CONSIDER THIS A TYPE TWO ACTION.

AND WE DO THEREFORE ANTICIPATE THAT THE ZONING BOARD WILL ISSUE ITS DECISION PRIOR TO THE PLANNING BOARD.

QUITE THE QUESTION I HAVE IS, I MEAN, IT'D BE GOOD TO DO THAT 'CAUSE IT'S ONLY MEETING IN DECEMBER, SO IT WOULD, IF WE DIDN'T DO IT ON THAT DATE, WE, WE'D HAVE TO WAIT TILL THAT BEGINNING OF THE YEAR AND THAT WOULD BE UNFORTUNATE.

MY QUESTION IS, CAN WE APPROVE THIS PROJECT WITHOUT THE SUBJECT TO THOSE VARIANCES AT THAT MEETING ON DECEMBER 2ND? JUST IN CASE WE DON'T GET, GET IT TOMORROW NIGHT? COULD CERTAINLY BE A CONDITION OF OUR, OF OUR APPROVAL.

ABSOLUTELY.

I'M JUST CONCERNED, DAVID, THAT IF THEY DON'T, IF THEY DON'T GIVE YOU AN APPROVAL TOMORROW NIGHT, THAT'S ALL.

I DON'T WANNA, WANNA SLOW ANYTHING DOWN.

YOU OBVIOUSLY, HUGH, REALLY APPRECIATE THAT.

AND ANYTHING YOUR BOARD CAN DO TO HASTEN THIS, WE WOULD LOVE TO, TO GET THIS COMPLETED.

I THINK WE'VE EXPLAINED TO THE BOARD THAT, THAT THERE'S A TRANSACTION HANGING IN THE BALLOT.

AND WE WOULD LIKE THE TEMPLE TO CLOSE, BUT WE REALLY DON'T WANT THEM TO CLOSE WITHOUT THE APPROVAL.

IN WHICH CASE I'LL MAKE, GIVE THAT MOTION, MOTION THAT WE CLOSE THE PUBLIC HEARING AND LEAVE THE RECORD OPEN TILL NEXT WEDNESDAY, WHICH IS WHAT DATE AARON? THE, THE FIRST, IS IT THE FIRST OF SEVENTH? NO, 25TH.

AND NOW, NOW DO WE, THE SECOND SECOND WE NEED TO VOTE.

DISCUSSION BEFORE WE TAKE THE VOTE.

DO, UH, DO WE HAVE TO DO THE SECOND NOW? OR WE COULD DO IT BEFORE WE MAKE THE DECISION ON DECEMBER? WHAT? THAT SECOND.

I WAS JUST GOING TO SUGGEST THAT, UM, YOU TAKE THE VOTE ON CLOSURE OF THE PUBLIC HEARING AND THEN CONSIDER IT, UM, CONSIDER A TYPE TWO ACTION.

IT'S NOT PART OF THE, IT'S NOT PART OF THE PUBLIC HEARING.

SO WE, WE CAN CLOSE THE PUBLIC HEARING THEN, THEN TAKE THAT VOTE.

UH, WITH THAT SAID, OKAY.

ALL, UH, YOU MADE THE, THE MOTION I DID IN SECOND.

ALL ALL IN FAVOR OF CLOSING THE PUBLIC HEARING AND KEEPING THE RECORD OPEN THROUGH NOVEMBER 25TH.

PLEASE INDICATE, AYE.

ANY, UH, ANY OPPOSED IF, UH, NO ABSTENTION, UH, MOTION CARRIED.

SO DO WE HAVE TO MOVE THIS AS A TYPE TWO ACTION PLEASE AT SOME POINT? DO IT NOW? YES.

I'LL MOVE THAT.

THIS, THIS PROJECT IS A TYPE TWO ACTION UNDER SEEKER SECOND.

UH, ALL IN FAVOR? AYE.

OKAY, MR. SIMON, NOW YOU CAN GO , I'M NOT GONNA THANK YOU AGAIN.

WE'LL SEE YOU IN, WE'LL SEE YOU IN TWO WEEKS.

I'LL, I'LL SEE YOU IN ANOTHER HALF AN HOUR PROBABLY.

WHETHER YOU LIKE IT OR NOT.

THANK YOU EVERYBODY.

NEXT, THE NEXT ITEM ON THE AGENDA IS THE, UM, UH, LIGHTBRIDGE ACADEMY, UH, PB 2009.

UH, DO WE HAVE, UH, A REPRESENTATIVE FOR THIS APPLICATION? YES.

UH, MR. CHAIR MICHAEL KIRTI, UH, FROM, UH, HARRIS BEACH, UH, LAND USE COUNSEL, UH, FOR THE APPLICANT.

UH, MAY I PROCEED? SURE, PLEASE DO.

BUILDING, UH, THE PARKING, THE LIGHTING, AND SO FORTH.

I WOULD INDICATE THAT, UH, UH, UH, WE APPRECIATE THE FACT THAT WE GOT THE, THE, THE DIAGRAM ON THE INTERIOR OF THE BUILDING.

UH, HOWEVER, MOST OF THAT IS DICTATED BY STATE LAW.

SO WE, UH, DON'T NEED TO SPEND A LOT OF TIME ON THAT INTERIOR DESIGN BECAUSE WE REALLY DON'T HAVE MUCH JURISDICTION ON THAT.

I WOULD PREFER, YOU KNOW, YOU COULD POINT OUT SOME, MAYBE SOME KEY POINTS ON IT, BUT I PREFER IF YOU FOCUS ON THE EXTERIOR OF THE

[03:35:01]

VERY WELL.

UM, I'LL JUST GIVE A SHORT PROCEDURAL HISTORY OF THE APPLICATION AND THEN I'LL TURN IT OVER TO THE DESIGN TEAM TO TALK ABOUT, UH, SOME OF THE PARTICULARS, UH, REGARDING OUR UPDATED APPLICATION.

UM, SO AGAIN, UH, MY NAME IS MIKE KIRTI.

I'M AN ATTORNEY WITH HARRIS BEACH, UH, LAND USE COUNSEL FOR THE APPLICANT.

UH, WE'RE PROUD TO REPRESENT OUR CLIENT, THE APPLICANT, 5 29 CENTRAL PARK AVENUE, L L C, IN CONNECTION WITH THE PROPOSED RENOVATION AND REDEVELOPMENT OF THE BUILDING AND RELATED SITE IMPROVEMENTS AT 5 29 CENTRAL PARK AVENUE, UH, FOR THE PUBLIC HEARING OF ITS APPLICATION FOR A SPECIAL PERMIT AND ALSO SITE PLAN APPROVAL.

JUST A BRIEF PROCEDURAL HISTORY REGARDING THE APPLICATION, HOW WE GOT TO WHERE WE ARE TODAY.

UM, ON APRIL 17TH, 2020, WE FILED AN APPLICATION FOR SPECIAL PERMIT AND SITE PLAN APPROVAL.

THE PLANNING BOARD HELD WORK SESSIONS ON JUNE 17TH, 2020, SEPTEMBER 2ND, 2020 AND OCTOBER THE SEVENTH, 2020.

UH, THE PLANNING BOARD IS LEAD AGENCY FOR PURPOSES OF A COORDINATED SEEKER REVIEW, ISSUED A CONDITION NEGATIVE DECLARATION FOR THE PROJECT ON OCTOBER 7TH, 2020.

UH, ON THAT DATE, YOU ALSO ISSUED A POSITIVE RECOMMENDATION TO THE ZONING BOARD OF APPEALS.

UM, THIS IS, UH, CONSISTENT WITH A, UM, REQUIREMENT THAT YOU HAD FOR THE KITTY ACADEMY, WHICH IS ANOTHER, UH, CHILDCARE FACILITY LOCATED IN GREENBURG.

ON JUNE 30TH, UH, 2020, UH, THE APPLICANT APPLIED TO THE ZONING BOARD FOR TWO AREA VARIANCES, FOR ONE PROPOSING LESS THAN A MINIMUM REQUIRED OFF STREET PARKING SPACES, AND TWO, FOR PROVIDING LESS THAN THE MINIMUM DISTANCE REQUIRED FROM OFF STREET PARKING SPACES TO THE PRINCIPAL BUILDING ON THE SITE.

UH, THESE WERE THREE PARKING SPACES ON THE SOUTH SIDE OF THE BUILDING DIRECTLY, UH, ABUTTING THE BUILDING.

WE APPEARED BEFORE THE ZONING BOARD, UH, OF APPEALS FOR THE PUBLIC HEARING OF LIGHTBRIDGE, UH, LIGHT BRIDGE'S AREA VARIANCE APPLICATION ON JULY THE 16TH, 2020, OCTOBER THE 15TH, 2020.

AND WE'RE ALSO SCHEDULED TO CONTINUE THAT PUBLIC HEARING AT TOMORROW NIGHT'S C B A MEETING SIGNIFICANTLY.

UH, AND ON NOVEMBER THE THIRD, 2020, WE AMENDED OUR APPLICATION WITH THE ZONING BOARD TO REDUCE THE NUMERICAL DEVIATION NEEDED FOR THE OFF STREET PARKING VARIANCE.

UH, WE ARE NOW PROPOSING, UH, 45 PARKING SPACES ON OUR SITE PLAN WITH 159 CHILDREN.

69 SPACES ARE REQUIRED UNDER THE ZONING CODE.

IT'S SECTION 2 85 DASH 29.1 C5 OF THE TOWN CODE, AND THUS LIGHTBRIDGE IS THE ORIGINAL APPLICATION REQUESTED A 34.78% DEVIATION FROM THE CODE.

NOW WE ARE AMENDING OUR APPLICATION TO SEEK THE AREA VARIANCE REQUIRED FOR ONLY 105 CHILDREN ENROLLED, WHICH IS 49 PARKING SPACES.

SO THE 45 SPACES PROPOSED IS FOUR LESS SPACES THAN THAT, WHICH IS REQUIRED, OR A 8.16% DEVIATION FROM THE CODE.

UM, SO IN OTHER WORDS, WE WENT FROM A 34.78% DEVIATION FROM THE CODE TO NOW ASKING FOR AN 8.16 PER, UH, CENT DEVIATION FROM THE CODE.

UH, WE SUBMITTED AMENDED DESIGN SHEETS, UH, TO ACCOUNT FOR THAT CHANGE TO 105 CHILDREN, WHICH ALSO CHANGED THE CALCULATION FOR THE REQUIRED NUMBER OF STAFF MEMBERS PER STATE REGULATIONS.

WE RECEIVED THAT, UH, EASEMENT FROM SCARSDALE MEADOWS.

THE BOARD OF DIRECTORS APPROVED THAT THE, UH, EXPANSION OF THAT EASEMENT.

AND WE WORKED WITH THE TOWN ATTORNEY, UH, ON THE LANGUAGE.

UM, AND SO I CAN REPORT TO THE BOARD THAT, UH, WE HAVE THAT EASEMENT IN HAND OR, AND, UH, ONCE WE RECEIVE, UH, THE ORIGINAL, WE WILL BE FILING THAT WITH THE COUNTY CLERK.

UM, AT THIS POINT IN TIME, I'LL TURN IT OVER, UM, TO, UH, OUR ENGINEER, JESSE, UH, JUST TO TALK A LITTLE BIT ABOUT, UM, OUR AMENDED APPLICATION.

AND WE'RE HAPPY TO ANSWER ANY QUESTIONS THE BOARD MAY HAVE.

GOOD EVENING EVERYONE.

JESSE COLEY, UH, WITH MASER CONSULTING, THE ENGINEER OF RECORD FOR THE PROJECT.

I'M JUST GOING TO SHARE MY SCREEN HERE AS BEST I CAN.

CAN EVERYBODY SEE THAT? OKAY? NOT YET.

NO.

IT'S NOT SHOWING.

NOT YET YET.

ALL RIGHT, ONE SECOND.

LET ME DO THIS INSTEAD

[03:40:08]

NOPE, I DO NOT KNOW WHY THAT IS NOT WORKING.

OH, WAIT, HERE WE GO.

HOW ABOUT NOW? YEP.

ALRIGHT, GREAT.

SORRY ABOUT THAT.

SO, AS MR. KIRTI SAID, UM, WE'VE BEEN BEFORE THIS BOARD BEFORE, UM, WE'RE SCHEDULED TO APPEAR BEFORE THE ZONING BOARD, UH, POTENTIALLY TOMORROW EVENING.

UM, THE MAIN, UH, CHANGE SINCE THE LAST TIME WE WERE HERE IS KIND OF THE, UM, CALCULATION THAT WE DID FOR THE ENROLLMENT.

SO FOR THE DAYCARE CENTER USE, UM, STAFF MEMBERS REQUIRE ONE FOR EACH PARKING SPACE FOR EACH STAFF MEMBER, ONE FOR EACH FACILITY VEHICLE, AND ONE FOR EVERY FIVE CHILDREN, UM, OR CLIENTS.

SO THAT CALCULATION COMES TO A TOTAL OF 43 REQUIRED SPACES BASED ON THE, UM, STUDENT AND ENROLLMENT AT THE TWO THIRDS LEVEL, 22 STAFF, 105 CHILDREN.

AND THEN THERE IS SOME OFFICE SPACE, WHICH WOULD REQUIRE SIX SPACES, MEANING THE TOTAL THAT WE WOULD NEED WOULD BE 49 SPACES.

WE ARE PROVIDING 45 SPACES AT THE SITE.

SO A VARIANCE IS STILL REQUIRED, BUT AS MR. KIRBY NOTED, IT'S A MUCH SMALLER DEVIATION, UH, THAN WAS BEFORE.

I THINK HE HAD MENTIONED IT WAS AROUND 36% BEFORE, WHEREAS NOW WE'RE ABOUT 8%, UM, DEVIATION.

WE HAVE PROVIDED ADDITIONAL TRAFFIC INFORMATION, UM, YOU KNOW, INCLUDING PARKING STUDIES, UM, SPECIFICALLY WITH THE SITE PLAN, JUST FOR THE BOARD'S, UM, A REFRESHER, WE ARE REDUCING THE AMOUNT OF IMPERVIOUS SURFACE BY REMOVING SOME OF THE PAVEMENT AREA AROUND THE BACK.

WE'RE INSTALLING PLAYGROUNDS ON THE NORTHERN SIDE OF THE BUILDING.

THE FRONT SPACES WILL BE DESIGNATED FOR A PARENT DROP OFF AND PICKUP.

WE HAVE HANDICAP SPACES ON THE SOUTH END OF THE BUILDING.

WE ARE SHOWING A LOADING ZONE, UM, COMPLYING WITH THE TOWN ORDINANCE.

AND THEN ADDITIONAL PARKING, UH, MOSTLY FOR EMPLOYEES IS KIND OF FOUND IN THE REAR OF THE BUILDING.

WE ARE PROPOSING TO ADD SOME STRIPING TO HELP WITH THE TRAFFIC FLOW ON THE SITE.

WE ARE PROVIDING A SIDEWALK ALONG THE SOUTHERN SIDE, UM, WHICH WILL, WE ARE ALSO PROPO PROPOSING SOME LIGHTING ALONG THE SOUTHERN SIDE AS WELL TO HELP ILLUMINATE THAT FOR PEDESTRIAN SAFETY.

SO WE HAVE ADDED THAT AS WELL.

UM, MR. KIRTI ALSO NOTED THAT THE, UM, EASEMENT HAS BEEN AGREED TO BY THE NEIGHBOR, UM, WHICH WILL ALLOW US TO KIND OF EXPAND AND KIND OF PUT IN THAT SIDEWALK, UM, AND THE LIGHTING.

SO WE ARE, YOU KNOW, HAPPY TO REPORT THAT THAT AGREEMENT HAS COME INTO PLACE AS WELL.

SO THE MAJOR CHANGE FROM THE LAST TIME YOU SAW THIS WAS REALLY JUST THE CHANGE IN THE CALCULATION.

UM, BUT WE DO HAVE, YOU KNOW, A FULL SET OF SITE PLANS THAT WILL BE SUBMITTED THAT INCLUDE GRADING, DRAINAGE, UM, LANDSCAPING AND LIGHTING, UM, YOU KNOW, THAT WILL SHOW YOU KIND OF THE PHOTOMETRICS, UM, FOR THE SITE AS WELL.

AND THAT'S PRETTY MUCH IF YOU HAVE ANY QUESTIONS, I'M, I'M HAPPY TO ANSWER THEM.

FUNCTIONALLY WE WERE THERE, UM, WE DID AGREE TO THE CONDITION THAT THE BOARD HAD RECOMMENDED, UM, QUITE A WHILE AGO.

I'M KIND OF CURIOUS ABOUT, YOU KNOW, THE CHANGE IN YOUR PARKING REQUESTS FROM A BUSINESS STANDPOINT.

IT, IT SOUNDS LIKE YOU'VE NOW TAILORED THE PARKING TO THE TWO THIRDS INITIAL ENROLLMENT.

SO ASSUMING THAT THINGS ARE GOOD AND IT'S MEASURED AT THAT POINT, I ASSUME THEN YOU'RE GOING TO WANT TO APPLY FOR AN ADDITIONAL VARIANCE TO INCREASE YOUR, UM, ENROLLMENT FURTHER, OR HOW ARE YOU EXPECTING TO WORK THAT? THIS IS MIKE KIRTI.

UM, THAT'S CORRECT.

UM, WE DO PLAN ON COMING BACK TO THE BOARD, UM, FOR AN ADDITIONAL VARIANCE, UM, AT SOME POINT IN TIME.

UM, THE, I THINK

[03:45:01]

UM, THAT WAS, UM, IMPOSED ON THE KITTY ACADEMY, UM, PROJECT.

UM, THE DIFFERENCE WILL BE WHEN WE COME BACK TO THE BOARD, UM, FOR OUR NEXT VARIANCE, UM, WE WILL HAVE, UH, ACTUAL DATA FROM THE SITE, UH, WHICH IS, UH, ALWAYS THE BEST DATA.

UM, SO WE DO PLAN ON DOING THAT.

AND, UM, IT, IT IS A GAMBLE, UM, BUT WE ARE CONFIDENT IN OUR NUMBERS AND WE BELIEVE THEY WILL PROVE OUT, UM, WHEN WE COME BACK.

IT'S YOUR, YOUR APPLICATION CHAIRPERSON, SIMON, YOUR MIC.

ANY OTHER QUESTION? YEAH.

ARE THERE ANY OTHER QUESTIONS? IF NOT, I HAVE A QUESTION.

ARE THERE ANY OTHER QUESTIONS FROM THE BOARD MEMBERS? YES.

IF YOU LOOK AT THE REAR, WHAT'S THAT WESTERN SIDE OF THE BUILDING WHERE YOU HAVE ONE ADDITIONAL, UH, UM, HANDICAPPED PARKING SPACE, AND IF YOU LOOK AT THE PLACEMENT OF THE BALLOTS AND THE DIRECTION OF THE LIGHTS ON THE ROOF, MY QUESTION IS, WILL THAT RESULT INTO A DOCK AREA? A DOCK SPOT IN THAT PARKING LOT? THAT'S A GOOD QUESTION.

SO WE ARE PROPOSING TWO NEW AREA LIGHTS IN THE BACK AS WELL, ONE DOWN ON THIS 10, UH, ACTUALLY THREE, ONE ON THIS SIDE.

I DON'T THINK IT'S BEEN FORMALLY INCLUDED, THE LATEST AND GREATEST, BUT WE DO HAVE AROUND TWO FOOT.

THAT'S WHAT, THAT'S WHAT APPEARED TO ME THAT YOU MIGHT HAVE A DOCK SPOT BACK THERE.

YEAH, IT, I MEAN, IT'S STILL TWO, YOU KNOW, ABOUT TWO FOOT CANDLES AROUND ONE FOOT CANDLE, MAYBE TOWARDS THE MIDDLE HERE, UM, YOU KNOW, TOWARDS, TOWARDS THE BACK.

BUT ONE TO TWO IS, IS PRETTY INDUSTRY STANDARD FOR, YOU KNOW, A PARKING LOT FOR PEDESTRIAN SAFETY.

AND BUT IN ADDITION TO THAT, THAT'S ALSO A HANDICAP SPOT THERE ALSO, CORRECT? YEAH, THEY, IT, IT'S, SO THAT WARRANTED ADDITIONAL LIGHTING.

SO THAT STANDARD IS APPLICABLE TO ALSO THE FACT THAT YOU HAVE A HANDICAP SPOT THERE.

IS THAT SUFFICIENT LIGHT? I CAN LOOK INTO THAT.

IF IT'S, IF IT'S, IF IT'S NOT, WE COULD ALSO INCREASE, YOU KNOW, THE, THE POWER AT THIS LIGHT, YOU KNOW, PICK A, MAYBE A, A BRIGHTER LIGHT TO GET BETTER LIGHTING IN THAT CORNER.

BUT I'LL, I'LL CHECK THE LIGHTING.

IF YOU PUT A BRIGHTER LIGHT, THEN YOU HAVE TO BE CONCERNED ABOUT THE, THE EFFECT ON THE SS AS OPPOSED TO MAYBE PUTTING IN, UH, ADDITIONAL LIGHT OR BALLOT.

SO WHATEVER.

DEFINITELY THE CHAIRPERSON, SIMON.

BUT I THINK YOU NEED TO CONSIDER WHETHER OR NOT YOU HAVE APPROPRIATE LIGHTING IN THAT AREA OF THE BUILDING.

WE CAN REVIEW THAT WITH, UH, APPROPRIATE TOWN STAFF AS WELL.

WE OWN THE PROPERTY TO THE WEST AND NORTH OF THE PROPERTY LINES HERE, UH, RIGHT ABOVE THE STEEP SLOPE THAT GOES UPHILL TO THE WEST.

UH, THE, ANY OTHER QUESTIONS ON THIS APPLICATION? UH, CHAIRPERSON? SIMON? MY NAME IS DAVID SIEGEL.

I'M, I'M A, I'M A NEIGHBOR.

AND CAN I ASK A QUESTION OR TWO? DEFINITELY.

WELL, FIRST OF ALL, I, I WANNA ASK IF THERE'S NO OTHER ADDITIONAL QUESTIONS FROM THE BOARD, THEN I'LL OPEN IT TO THE PUBLIC.

SO LET ME FIRST ASK, UH, THE BOARD MEMBERS, ARE THERE ANY OTHER BOARD MEMBERS WHO HAVE A, A QUESTION FOR THE APPLICANT? IF NOT, I'LL TURN IT, I WILL TURN IT OVER FOR THE PUBLIC QUESTIONS.

BE THE, SINCE HOW WE DO NOT HAVE AN INDICATION FROM BOARD MEMBERS THAT, UH, THEY HAVE ADDITIONAL QUESTIONS.

YOU CAN, YOU ARE WELCOME TO, UH, ASK YOUR QUESTIONS.

THANK YOU VERY MUCH, YOUR HONOR.

UM, SO I, I HAVE, UH, I'M WONDERING IF, UM, THANKS FOR GIVING ME A PROMOTION, BUT I'M NOT , I'M, I'M WONDERING IF, UH, MR. COPLEY COULD, UH, TALK FOR A MINUTE ABOUT, UH, THERE WAS SOME REFERENCE TO, UM, PERHAPS HAVING TO DO SOME, UH, CUTTING INTO THE SLOPE GRADE.

UH, JUST TO BE CLEAR,

[03:50:01]

SO WE HAVE A CONCERN IN PARTICULAR ABOUT, UH, SUBSIDENCE, PERHAPS, OF THE HILL TO THE EXTENT ANY EXCAVATION WORK'S GONNA BE DONE, WE'RE INTERESTED IN HEARING SOMETHING ABOUT THAT.

AND ALSO, UH, WHAT KIND OF NOISE AND WHAT THE DURATION OF NOISE, UH, AND DISTURBANCE THERE MIGHT BE FOR, UM, FOR THE PROJECTS YOU GUYS ARE ENVISIONING.

WILL THERE BE ANY EXPLOSIVES OR JACKHAMMERING? IF SO, DURING WHAT TIMEFRAME? THOSE ARE OUR, OUR, UH, OUR QUESTION BEFORE, BEFORE THAT'S ANSWERED.

UH, MR. SIEGEL, JUST FOR THE RECORD, CAN YOU IDENTIFY, UM, EITHER THE ADDRESS OR THE NAME OF THE PROPERTY THAT YOU HAVE SO WE, SO WE CAN HAVE THAT IN THE RECORD? YES.

I THINK IT BELIE IT'S, IT'S HARD TO SEE 'CAUSE IT'S SMALL, BUT I THINK IT'S LOT 12.

MY NAME IS DAVID SIEGEL.

MY WIFE IS REBECCA WEBB.

WE'RE LISTED RIGHT THERE.

YEAH, THAT'S US.

SO, AND YOU HAVE A RESIDENCE THERE? WE DO.

UH, THE, THE PART OF THIS MAP THAT'S SHOWING IS ACTUALLY A WOODED AREA, UH, IN THE REAR OF OUR HOUSE.

OUR HOUSE IS A LITTLE BIT FURTHER TO THE WEST, BUT, UH, THAT IS OUR PROPERTY.

THANK YOU FOR THE QUESTIONS.

THOSE ARE, THOSE ARE GOOD QUESTIONS.

SO, UM, WE'RE ACTUALLY NOT PROPOSING ANY, UH, REAL CUTTING OF THE GRADE, UH, BACK HERE IN THIS AREA.

VERY MINIMAL GRADING TO THE SITE IS PROPOSED.

UM, ON THE WHOLE, WHAT WE ARE GOING TO BE DOING IS, THIS IS A PAVED AREA.

WE'RE GONNA BE REMOVING THAT PAVEMENT AND SEEDING IT AND TERMINATING INTO A GREEN AREA, WHICH SHOULD HELP FROM, UH, A STORMWATER RUNOFF STANDPOINT.

UM, MOST OF THE GRADING ACTUALLY TAKES PLACE KIND OF IN THE FRONT OF THE BUILDING HERE TO MAKE SURE WE CAN GET IN SOME, UM, A D A COMPLIANT PARKING SPACES.

UM, BUT THERE IS NOT ANTICIPATED TO BE ANY BLASTING OR, OR JACKHAMMERING FOR THAT TO OCCUR.

THERE WILL BE SOME PAVEMENT REMOVAL, UM, YOU KNOW, FOR THAT PART.

BUT, UM, THAT WOULD HAPPEN DURING NORMAL CONSTRUCTION HOURS, UM, YOU KNOW, DURING THE DAY, UH, TO GET THAT WORK DONE IN, IN THE FRONT, UH, I GUESS SOUTHEAST CORNER OF THE BUILDING.

SO OPPOSITE OF WHERE YOUR PROPERTY IS.

SO THE, THE LIMIT OF DISTURBANCE THAT'S THERE TODAY IS STAYING THE SAME.

WE'RE NOT GOING ANY FURTHER BEYOND THAT, ENCROACHING INTO THAT, INTO THAT HILLSIDE.

AND THEN, UH, SORRY.

THANK YOU VERY MUCH.

I, I THINK THAT ADDRESSES, UM, THE NOISE ISSUE, UH, AS WELL.

UH, MY OTHER QUESTION IS, ARE THERE ANY PLANS TO INCREASE THE HEIGHT OF THE BUILDING, THE EXISTING BUILDING? UM, NO.

THE EXISTING BUILDING, I BELIEVE IS STAYING THE SAME.

I DON'T KNOW IF THE ARCHITECT'S ON HERE OR NOT, BUT THE, UM, YOU KNOW, THE INTENT IS TO REDEVELOP THE SITE PRETTY MUCH AS IS.

UM, THERE WILL BE SOME UPGRADES TO THE FACADE, UM, BUT I DON'T BELIEVE THE HEIGHT IS CHANGING.

NO.

AND THEN FINALLY, UH, OR IS THERE GONNA BE ANY, UM, UH, ANY ADDITIONAL NOISE MAKING MACHINERY LIKE AIR CONDITIONING UNITS OR ANYTHING LIKE THAT ADDED TO THE PROPERTY? THAT'S GONNA CHANGE THE NOISE LEVEL? I'D HAVE TO DEFER TO THE ARCHITECT.

I'M NOT SURE OF THE SYSTEMS THAT ARE IN PLACE AND IF THEY NEED TO BE TO BE UPGRADED OR NOT.

I DON'T, I, I DON'T KNOW IF THE ARCHITECT IS ON, IS THAT MR. ALAK? ICK? YES.

ALL INTERIOR, UH, IN NATURE.

I SENT HIM AN INVITE, UM, BUT I CAN'T TELL THERE'S SO MANY PEOPLE ON THE MEETING.

I CAN'T TELL RIGHT NOW IF HE'S, UM, LET ME SEE.

CURDY, DO YOU KNOW IF, UH, MR. MACK'S ON, UM, I AM JUST REVIEWING, UM, JUST EVERYBODY WHO'S, UH, COULD BE ON FOR LET'S SAY, I DON'T SEE HIS NAME HERE.

UM, NO.

ARE HAPPY TO, YEAH, GO AHEAD.

ARE YOU IN A POSITION TO ANSWER THE QUESTION? UM, I, I CAN'T SPEAK TO, UM, THE MECHANICALS.

I CAN SAY THAT, UH, WE ARE, UM, NOT PROPOSING TO, UM, INTENSIFY THE, UH, CURRENT, UH, STRUCTURE, UM, IF YOU WILL.

UM, AND, UM, I CAN CIRCLE BACK WITH HIM WITH REGARD TO, UM, SOME OF THE MECHANICALS.

UH, SO THERE ARE SOME UPGRADES THAT HAVE TO HAPPEN, UM, TO THE BUILDING, BUT, UM, ALMOST ALL OF THE, UM, UH, IMPROVEMENTS THAT WE'RE PROPOSING ARE

[03:55:01]

AND I'M HAPPY TO CIRCLE BACK AND, UH, SPEAK TO THE ARCHITECT, UH, AS TO THE SPECI SPECIFICS ON MECHANICALS.

THANKS VERY MUCH THAT THOSE WERE ALL THE QUESTIONS I HAD.

APPRECIATE IT.

I DO BELIEVE WE HAVE AT LEAST ONE, IF NOT, UH, TWO OR MORE ADDITIONAL SPEAKERS.

UH, I DID WANT AT THIS TIME JUST TO ANNOUNCE FOR THE BOARD THAT, UH, THERE WAS WRITTEN DOCUMENTATION RECEIVED, UH, MIDDLE OF THIS AFTERNOON ON BEHALF OF MR. DIMO.

HE IS ON THE ZOOM MEETING NOW.

I DON'T KNOW IF HE WISHES TO SPEAK, BUT I JUST WANTED TO, UH, ANNOUNCE THAT THAT HAS BEEN RECEIVED, FORWARDED TO THE PLANNING BOARD MEMBERS AND MADE PART OF THE, UH, RECORD FOR THIS PROJECT.

UH, MR. BOWDEN HAS HIS HAND UP.

A NORMAL DAY ON THAT ROAD.

UM, MY NAME IS MURRAY BODEN AND REGARD TO THE CROSSWALK FROM THE CORNER OF THE BUILDING, UH, IT IS THE CORRECT PARALLEL BAR, BUT FROM THE DRIVER'S POINT OF VIEW, THE BARS HAVE TO BE PARALLEL TO THE CENTER LINE OF THE ROADWAY.

THAT'S THE, UH, OLD FASHIONED WAY OF DOING IT.

THE ONLY ONE THAT THE DRIVER SEES CORRECTLY IS WHEN THE BARS ARE PARALLEL TO THE CENTER LINE.

SO I WOULD APPRECIATE AT THE, UH, ROADWAY, YOU, IT IS CORRECT.

I WOULD APPRECIATE IF THAT BE CHANGED SO THAT THE BARS ARE PARALLEL TO THE CENTER LINE OF THE, UH, ROADWAY.

AND THANK YOU FOR THE HANDICAPPED.

IS THERE ANYONE ELSE? FROM THE PUBLIC? UH, YES, SUSAN LONERGAN.

UM, WE HAVE SEVERAL CONCERNS REGARDING THE PROPOSAL HERE.

UM, MAJORITY TO DO WITH TRAFFIC AND TALKING.

I'M NOT SPEAKING SO MUCH RIGHT NOW TO THE AMOUNT OF TRAFFIC THAT THIS PROJECT WILL GENERATE, BUT THE TRAFFIC THAT IT'S GOING TO IMPACT, THAT'S ALREADY EXISTING.

SO AT THE EXACT TIME, THAT IS IMPORTANT TO THIS, UM, THIS USE, UH, SCHOOL TIME, UH, WORK TIME.

AT THAT POINT, SCHOOLS WERE CLOSED, SO THE TRAFFIC COUNT THAT WAS SUBMITTED IS SEVERELY, UH, UNDERCOUNTING THE AMOUNT OF, OF TRAFFIC THAT'S ON THAT ROAD ALREADY.

UM, AND THEN FROM THERE, THEY WENT ON TO PREDICT THE LEVELS.

UH, THAT'S THE TRAFFIC LEVELS AND THE SERVICE LEVELS THAT WOULD BE, UH, ON CENTRAL PARK AVENUE AS A RESULT OF THIS PROJECT.

BUT WHEN YOU START WITH FAULTY DATA TO BEGIN WITH, YOU ARE REALLY NOT GETTING AN ACCURATE COUNT.

UNFORTUNATELY, WE CAN'T GO OUT AND DO A NEW COUNT NOW BECAUSE EVEN RIGHT NOW THE NUMBERS ARE NOT ACCURATE BECAUSE OF CLOSURES DUE TO COVID AND PEOPLE NOT BEING IN THEIR NORMAL ROUTINES.

BUT, UM, THE DECEMBER 17TH STUDY SHOWED PEAK TRAFFIC, UH, BETWEEN THE HOURS OF EIGHT AND NINE IN THE MORNING, WHICH WAS THEIR HIGHEST WAS 1081 TRIPS BOTH DIRECTIONS.

THE ACKNOWLEDGED REAL ESTATE DATA SHOWS THAT CENTRAL AVENUE HAS APPROXIMATELY 25, 20 5,000 VEHICLES DAILY.

UH, WHEN YOU JUST EXTRAPOLATE THAT NUMBER, IT, IT JUST DOESN'T MAKE SENSE THAT REALLY A THOUSAND TRIPS IS ALL THERE WAS OR WOULD BE ON A NORMAL DAY.

UM, NOT SAYING THAT THIS WASN'T THE COUNT ON THAT DAY, BUT THAT'S NOT

[04:00:01]

UM, THAT'S REGARDING TRAFFIC.

UM, THE OTHER MAJOR CONCERN IS THE PARKING AND THE CONFIGURATION OF THE PARKING LOT.

UH, AS YOU'VE SEEN, THE DRIVEWAY COMING INTO THAT LOT IS ONLY 15 FEET WIDE, AND YOU ARE LOOKING TO PUT CONSTANT IN AND OUT.

THE APPLICANT IS SAYING THAT THE TRAFFIC IS GONNA BE MOVING IN AND OUT OF THERE.

PEOPLE ARE DROPPING OFF THEIR CHILDREN AND LEAVING.

AND THAT'S THE JUSTIFICATION FOR NOT NEEDING SO MUCH PARKING.

IN THAT CASE, THAT DRIVEWAY IS GOING TO HAVE CONSTANT TWO-WAY TRAFFIC AT A 15 FOOT WIDE DRIVEWAY.

IT JUST SEEMS TO ME THAT THAT'S NOT A SUFFICIENT, UM, SPACE FOR THAT KIND OF TRAFFIC.

UM, I UNDERSTAND NOW THAT WITH THE 105 CHILDREN, INSTEAD OF, UM, THE 1 59 THAT WAS ORIGINALLY PROPOSED, THAT THE NUMBERS AS FAR AS PARKING DO GET BETTER.

UH, AND THAT WAS A MAJOR CONCERN, AND WE DO APPRECIATE THE FACT THAT, THAT THAT NUMBER REALLY COMES MUCH MORE IN LINE WITH WHAT'S REQUIRED.

BUT AGAIN, WITH MY CLIENT'S PROPERTY BEING DIRECTLY BELOW THIS, WE ARE CONCERNED ABOUT THE DROP OFF TIMES AND THE AMOUNT OF, UM, TRAFFIC ON DROP OFF.

THIS PLAN IS LEAVING 13 SPOTS OPEN FOR DROP OFF FOR 105 CHILDREN.

WHAT'S GONNA HAPPEN WHEN THERE ISN'T A SPOT, WHEN THERE'S ONLY 13 SPOTS IN ORDER TO DROP OFF 105 CHILDREN, THOSE PARENTS ARE GONNA QUEUE DOWN THE DRIVEWAY.

THEY'RE GONNA COME OUT ONTO CENTRAL AVENUE, THEY'RE GONNA BLOCK MY CLIENT'S DRIVEWAY, OR THEY'RE GONNA PARK IN HIS PARKING LOT AND WALK UP THE HILL BECAUSE THE SIDEWALK IS RIGHT THERE NOW.

SO THAT'S GONNA BE EASIER THAN NAVIGATING THE PARKING LOT.

AND EVEN WHEN YOU COME UP, COME UP THE DRIVEWAY, YOU TURN THE CORNER, NOW YOU'VE GOT TWO-WAY TRAFFIC, AND YOU'VE GOT PEOPLE PULLING IN AND OUT OF THESE PARKING SPACES TRYING TO DROP OFF THEIR CHILDREN.

IT'S, IT JUST DOESN'T WORK.

YOU WHEN YOU ARE PULLING UP, I'M NOW WAITING IN LINE TO GET INTO MY PARKING SPOT AND SOMEONE ELSE IS PULLING OUT.

SO NOW I'M BACKING UP THE DRIVEWAY WHILE YOU PULL OUT OF YOUR SPOT.

AND NOW I PULL IN OR I GO ALL THE WAY DOWN AND I SEE THAT THERE ARE NO SPOTS.

SO NOW I USE THAT TURNAROUND SPOT IN THE BACK, AND NOW I'M COMING BACK.

SO I AM COMING OUT WAITING FOR PARKING.

SOMEONE ELSE IS COMING IN WAITING FOR PARKING.

SOMEONE PULLS OUT OF THAT PARKING SPOT, AND NOW YOU'VE GOT THREE CARS ALL MOVING IN A SMALL AREA.

IT JUST DOESN'T SEEM APPROPRIATE FOR THIS TYPE OF USE.

UM, IT'S TOO NARROW.

UM, WHICH BRINGS ME TO THE NEXT PROBLEM, WHICH IS THERE IS CURRENT LITIGATION REGARDING THIS PROPERTY WITH MY CLIENT.

UH, CAN I I WHAT? YEP.

WHATEVER LITIGATION THAT MIGHT BE TAKING PLACE IN REGARDS TO THIS PROPERTY THAT'S NOT WITHIN THE PURVIEW OF THE PLANNING BOARD.

OUR, WE ARE LOOKING AT THE SITE PLAN AND, AND SO ANY SORT OF LITIGATION IS NOT THE APPROPRIATE TIME TO DISCUSS HERE BEFORE THE PLANNING BOARD.

THAT'S NOT SOMETHING THAT WE WILL CONSIDER THAT'S A SEPARATE ISSUE.

WE'RE ONLY LOOKING AT THE SITE PLAN.

I, I APPRECIATE THAT.

AND MY ONLY POINT WITH THAT IS THERE COULD BE NO, NO, PLEASE, LET'S STAY AWAY FROM ANY POSSIBLE LITIGATION THAT'S NOT WITHIN THE PURVIEW OF THE PLANNING BOARD.

THIS IS FOR THE SITE EVALUATION.

ALSO WE HAVE A FULL AGENDA.

CHAIR CHAIRPERSON, SIMON? YES, I DID WANT TO JUST ANNOUNCE FOR THE BENEFIT OF THE BOARD AND MEMBERS OF THE PUBLIC THAT WE DO HAVE, UH, JOHN CANNING, THE TOWN'S TRAFFIC CONSULTANT AVAILABLE, AND ON THE CALL, UH, BY PHONE THIS EVENING, HE IS DOUBLE BOOKED.

HE HAS ANOTHER MEETING IN A DIFFERENT MUNICIPALITY.

SO IF THERE, I I JUST WANNA LET YOU KNOW, HE'S AVAILABLE AT THIS MOMENT TO BE ABLE TO, UM, SPEAK TO SOME OF THE TRAFFIC AND PARKING RELATED COMMENTS THAT WERE RAISED.

UM, OKAY.

AT THIS TIME, UH, ALSO, NO, UH,

[04:05:01]

SO WE NEED IF, UH, IF, IF, UH, IF, UH, A SPEAKER WOULD LIKE TO GET SOME, UH, INPUT FROM, UH, JOHN CANNON, NEED TO WRAP UP THE COMMENTS SO HE COULD SPEAK TO THOSE ISSUES BECAUSE WE HAVE A FULL AGENDA THIS EVENING, OR, UM, SO I WOULD ASK, I WOULD ISSUE THAT THE APPLICANT, I MEAN THE SPEAKER WOULD LIKE TO PRESENT.

NO, THAT WAS ESSENTIALLY IT.

WE HAVE MAJOR CONCERNS WITH THE TRAFFIC AND THE PARKING AND, OKAY.

SO WE HAVE OUR TRAFFIC CONSULTANT ARE AVAILABLE.

SO I, UH, I'LL HAVE HIM ADDRESS THOSE SO WE CAN GET YOUR QUESTIONS ANSWERED AND STILL BE ABLE TO GET THROUGH OUR FULL AGENDA.

UM, JOHN, DID HE, WAS HE AVAILABLE TO HEAR THE QUESTIONS? HE DID INDICATE TO ME THAT HE WAS AVAILABLE TO HEAR THE QUESTIONS.

DID HE? YEAH, HERE, HE'S JOHN.

THEY'RE NOT PRESCHOOL FACILITIES.

I WAS TRYING TO LEARN HOW TO USE MY PHONE IF YOU CAN BELIEVE THAT.

UH, GOOD EVENING, MR. CHAIRMAN.

GOOD EVENING, MR. CHAIRMAN, MEMBERS OF THE BOARD, I'VE BEEN LISTENING TO THE CONVERSATION AND, UM, A AS YOU HAVE BEEN TOLD, THIS APPLICATION, THEY HAVE REDUCED THE NUMBER OF, UH, STUDENTS THAT THEY WILL HAVE ENROLLED FROM 159 TO 105, WHICH IS WHERE WE KIND OF GOT TO BASED ON OUR REVIEW OF THE TRAFFIC AND PARKING PRIOR TO THIS RECENT SUBMISSION, UH, BECAUSE OF THE CONCERNS, UH, THAT, UH, THE MOST RECENT SPEAKER HAD NOTED.

UH, I WILL NOTE THAT IN OUR MAY MEMO THIS YEAR, ON PAGE TWO, WE DID ADDRESS THE ISSUE OF LOWER TRAFFIC VOLUMES WHEN THE COUNTS WERE CONDUCTED, THE SPEAKER WAS CORRECT.

SO THESE KIND OF OFFSET EACH OTHER IN A LITTLE BIT.

UM, THAT BEING SAID, UH, WE, WITH THE ORIGINAL APPLICATION HAD SOME CONCERNS ABOUT THE NUMBER OF PARKING SPACES AND THE OPERATION OF THE SITE DRIVEWAY.

WE'RE LESS CONCERNED WITH THE STREETS, THE INTERSECTIONS, UP AND DOWN THE STREET BECAUSE, UM, UH, THE CAPACITY OF THOSE INTERSECTIONS IS SIGNIFICANTLY GREATER THAN THE DRIVEWAY.

UH, IN RESPONSE, UH, THE APPLICANT HAD, UH, VOLUNTEERED TO COME BACK TO THIS BOARD AFTER THEY HAD ENROLLED, UM, 102 OR 105 STUDENTS, UH, TO CONFIRM THAT THE PROJECTIONS WERE ACCURATE.

UM, I AM FAMILIAR WITH THE OPERATION OF DAYCARE FACILITIES.

PRESCHOOL FACILITY HAS A SET, UH, START TIME AND FINISH TIME, AND THEREFORE YOU GET A LOT OF ACTIVITY AROUND, LET'S SAY NINE AND 11.

IF IT'S A PRESCHOOL START AND FINISH TIME AT A DAYCARE FACILITY, TYPICALLY IT'S MORE SPREAD OUT.

IT DEPENDS ON WHEN, UH, THE PARENT HAS TO BE AT WORK.

AND SO, UH, EVEN IF THERE ARE 105 CHILDREN, YOU PROBABLY WON'T MORE HAVE MORE THAN 15, UH, OR, OR EVEN MAYBE AS MUCH, MANY AS 20, BUT DOUBTFULNESS MANY AS 20 AT ONE TIME.

AND BASED ON A REVIEW OF THE NUMBER OF SPACES, I KNOW THAT THERE HAS BEEN SOME DISCUSSION ABOUT ASSIGNMENT OF SPACES.

AND IN PRINCIPLE, THIS IS THE WAY IT WOULD WORK.

YOU'LL DESIGNATE AN AREA FOR DROP OFF, AND THEN YOU'LL HAVE DESIGNATED AREA FOR STAFF.

BUT IN PRACTICE, WHAT HAPPENS IF, IF, UH, SOMEBODY COMES UP AND, UH, THE DROP OFF SPACES ARE FALLEN, THE STAFF SPACE NEXT TO IT IS EMPTY, THEN THEY'LL USE THAT.

SO, UM, BASED ON A REVIEW OF THE RECORD, UH, I THINK THE BOARD IS PRETTY MUCH WHERE IT SHOULD BE AT THIS POINT IN TIME.

UH, WE'VE LOOKED AT THE TRAFFIC, WE'VE LOOKED AT THE PARKING, UH, THE EVIDENCE THAT HAS BEEN PROVIDED BY THE APPLICANT FROM THEIR OTHER FACILITIES, NUMEROUS OTHER FACILITIES, AND REVEALED THE I T E DATA SUPPORTS THE PARKING REQUIREMENTS FOR THIS DAYCARE FACILITY.

UM, SO THOSE ARE MY THOUGHTS ON THE INFORMATION THAT HAS BEEN PROVIDED THIS EVENING, AND I WOULD BE HAPPY TO ANSWER ANY QUESTIONS ANY MEMBERS OF THE BOARD MAY HAVE.

AND JOHN, WHAT ABOUT THE, UH, ABOUT THE DRIVEWAY ENTRANCE, THE WIDTH OF THE DRIVEWAY ENTRANCE, THE WIDTH OF THE DRIVEWAY? I DON'T THINK THE WIDTH OF THE DRIVEWAY ENTRANCE IS A MAJOR CONCERN.

IF ANYTHING, A A NARROW WIDTH IS A TRAFFIC CALMING FEATURE.

PEOPLE TEND TO TO DRIVE SLOWER WHEN THE ROADS ARE NARROWER.

SO I I, I'VE LOOKED AT THE SITE PLAN AND, UH, I'M NOT CONCERNED ABOUT IT.

I KNOW, AND THE BOARD HAS BEEN PROACTIVE IN THIS REGARD THAT THE FIRST THREE

[04:10:01]

OR SO SPACES AT THE TOP OF THE DRIVEWAY HAVE BEEN, UH, RESERVED FOR STAFF PARKING.

AND STAFF WILL TYPICALLY GET THERE EARLIER AND LEAVE LATER AND NOT BE LEAVING OR ARRIVING IN THE BUSY PERIOD.

AND I KNOW THAT THE BOARD HAS, UH, REQUIRED THAT A STOP LINE AND STOP SIGN BE INSTALLED AT THE TOP OF THE DRIVEWAY OR THE WEST END OF THE DRIVEWAY JUST BEFORE YOU GET TO THE PARKING AREA.

I THINK THESE MEASURES ADDRESS THAT CONCERN.

WHAT ABOUT THE CONCERN THAT THE, UH, GENTLEMAN RAISED, UH, IN TERMS OF THE, THE LOCATION OF THOSE, UH, UH, UM, LINES ON THE ROAD, WHETHER OR NOT IT SHOULD BE, UH, UH, MORE PARALLEL OR PARTICULAR ANGLE? UH, DID YOU HAVE ANY COMMENTS ON THAT? UH, I DON'T, I THINK THAT'S A TECHNICAL DETAIL.

UH, I COULD PROVIDE, I COULD LOOK IT UP AND PROVIDE IT TO, UM, UH, TO STAFF TOMORROW.

I CAN, YOU KNOW, D O T HAS A D O T HAS A, UM, A WEBSITE AND THEY HAVE THEIR STANDARD SHEETS UP THERE.

AND I DON'T WANNA SAY OFF THE TOP OF MY HEAD BECAUSE OKAY.

SO JUST TAKE A LOOK AT THAT FOR Y'ALL.

YEAH, WILL DO.

ARE THERE ANY OTHER QUESTIONS BY THE, THE BOARD, UH, UH, FOR MR. CANNON? IF NOT, I WILL ASK IF THERE ARE ANY OTHER MEMBERS OF THE PUBLIC WHO LIKE TO SPEAK ON THIS ISSUE? NO.

UH, MR. CHAIR? YES.

THIS IS, UH, JUSTIN ALACK, THE ARCHITECT.

I'M SORRY I JOINED LATE, BUT I BELIEVE THERE WAS A QUESTION FOR ME REGARDING, UM, MECHANICAL UNITS.

BASICALLY IS, IS THERE COULD BE, I GUESS THE, THE, THE RESIDENT WAS CONCERNED THAT WOULD, UH, THE MECHANICAL UNITS BE SIGNIFICANTLY LOUDER THAN THE ONES THAT ARE THERE THAT WAS PREVIOUSLY THERE? I THINK THAT WAS THE ESSENCE OF THE QUESTION.

THE ANSWER IS NO.

THEY WOULD BE, UM, THEY WOULD BE ROOFTOP UNITS, UM, WHICH ESSENTIALLY ARE WHAT IS CURRENT.

THERE ARE ACTUALLY SOME UNITS THAT ARE MOUNTED OUTSIDE OF THE BUILDING, WHICH WE DON'T INTEND ON DOING, UH, YOU KNOW, LIKE ON THE GROUND.

SO THESE WOULD ALL BE ESSENTIALLY ROOF, UM, AND WOULD NOT INCREASE ANY VOLUME OF, OF SOUND WHATSOEVER BEYOND, YOU KNOW, THE PROPERTY.

SO THAT ANSWERED THAT.

UH, ARE THERE ANY OTHER, UH, MEMBERS OF THE PUBLIC WHO HAVE A QUESTION ON THIS APPLICATION? YES, I, YES, YES.

THIS IS BARRY BOWEN AGAIN ADDRESSING, UH, THE CONSULTANT.

IS HE GONE? WHO WAS ABOUT TO CONSULT? WELL, WELL, THE CONSULTANT SAID HE WAS GONNA REFER TO, HE WAS GONNA, HE WAS GOING TO CONSULT WITH D O T AND I HAVE THE BIG ISSUE WITH D O T, WHICH I'LL BRING UP AT ANOTHER TIME.

THAT'S ANOTHER ISSUE.

THEY, THEY SAID THAT HE WOULD TAKE A LOOK AT THE SPECIFICATIONS AND, AND, AND GET BACK TO US.

SO LET HIM TAKE A LOOK AT THE SPECIFICATIONS AND WHEN HE COMES BACK, YOU COULD, YOU COULD COMMENT ON THOSE SPECIFICATIONS, BUT WE'RE NOT GONNA DEBATE THOSE SPECIFICATIONS NOW.

SO LET HIM GET, LET HIM LOOK THAT UP AND YOU'LL HAVE AN OPPORTUNITY TO SPEAK AGAIN AFTER HE PROVIDE THE INFORMATION.

IF THERE'S NO ONE ELSE, I HAVE A QUESTION.

UM, DANNY CAN DOWNLOAD THE MEMBER, OWNER OF THE PROPERTY DIRECTLY IN FRONT OF 5 2 9.

UH, THE QUESTION I HAVE IS PUBLIC SAFETY LOOKED AT THIS PROPERTY FOR FIRETRUCK ENTRANCE AND EXIT AS A PUBLIC SAFETY UNIT, LOOKED AT THE PROPERTY AND A FIRE TRUCK WOULD GO ON THE PROPERTY AND EXIT SAFELY.

SO, SIR, I WAS HAVING A LITTLE BIT OF TROUBLE HEARING YOU, BUT IF YOUR QUESTION WAS, HAS THE GREENBURG POLICE DEPARTMENT'S TRAFFIC AND SAFETY UNIT LOOKED AT THE PROJECT? THE ANSWER IS YES.

NO, THE FIRE DEPARTMENT.

OH, OH, YES.

THE APPROPRIATE FIRE DEPARTMENT HAS ALSO LOOKED AT THE PROJECT AS WELL.

AND WHAT WAS THE OPINION THEY HAVE? NO, THEY HAD NO ISSUE.

THEY, THEY DIDN'T IDENTIFY ANY ISSUE WITH THE, WITH THE PLAN IN TERMS OF FIRE AND SAFETY? THAT'S CORRECT.

ARE THERE ANY OTHER MEMBERS OF THE PUBLIC WHO WISH TO SPEAK ON THIS ISSUE?

[04:15:04]

UH, NOW, UH, THIS PROJECT HAS TO GO, UH, TO THE ZONING BOARD IN THIS, IN THE NEW CONFIGURATION.

AND, UH, THE PLANNING BOARD HAVE THE OPPORTUNITY TO MAKE A RECOMMENDATION.

UH, SO WE'LL END OBTAIN A PROPOSAL TO, UH, RECOMMENDATION FOR THE ZONING BOARD.

UH, DO ANYONE NEED, UH, WOULD LIKE TO, UH, GIVE AN OPINION ON THAT? SO, CHAIRPERSON AND SIMON, JUST AS A MATTER OF COURSE, SO THE PLANNING BOARD DID PREVIOUSLY ISSUE A RECOMMENDATION ON THE, ON THE VARIANCES.

UM, BUT OBVIOUSLY AS YOU HEARD THIS EVENING, THE REQUEST FOR THE PARKING VARIANCE HAS BEEN REDUCED.

UH, THE OTHER VARIANCES REMAIN THE SAME.

SO I JUST WANTED TO NOTE THAT.

SO WHEN, UM, AT THE TIME THE PLANNING BOARD CONDUCTED AND ISSUED A SECRET DETERMINATION, YOU HAD ISSUED A RECOMMENDATION TO THE ZONING BOARD, WHICH IT HAS IN ITS HAND, BUT IF YOU'D LIKE TO ISSUE, UM, COMMENTS OR A RECOMMENDATION ON, ON THE REVISED APPLICATION, YOU'RE FREE TO DO SO.

AARON, WHAT WAS OUR RECOMMENDATION? THE PREVIOUS ONE? YEAH, WHAT WAS THE POSITIVE RECOMMENDATION? WHAT POSITIVE? POSITIVE RECOMMENDATION? SO, OKAY, THIS CASE WAS THAT WE GAVE A POSITIVE BEFORE AND NOW THEY'RE MAKING A IMPROVEMENT TO, UH, UH, UH, I WILL PROPOSE THAT A A ANOTHER POSITIVE RECOMMENDATION IS OBVIOUS BECAUSE NOW YOU HAVE AN IMPROVEMENT ON WHAT WE PREVIOUSLY INDICATED WAS POSITIVE.

SECOND, UH, DO WE, OH, OKAY.

MY MOTION.

UH, ALL THOSE, ANY DISCUSSION, IF NOT ALL THOSE IN FAVOR OF ISSUING A POSITIVE RECOMMENDATION TO THE PLANNING TO THE ZONING BOARD? AYE.

RAISING HAND OR OPPOSED, UH, AND NO, NO, UM, ASCENSION, THEREFORE, UH, UH, THE RECORD SHOULD REFLECT THAT THE, UH, PLANNING BOARD IS MAKING A POSITIVE RECOMMENDATION TO THE ZONING BOARD ON THESE UNDER CHANGES THAT WERE INDICATE.

UM, THANK YOU VERY MUCH.

THAT IS OKAY.

SO AGAIN, WE'RE NOT THROUGH YET, AND, UH, WE'RE NOT THROUGH YET.

NOW, WHEN YOU GOING BEFORE THE ZONING BOARD? WHEN? TOMORROW NIGHT.

TOMORROW NIGHT.

SO, UH, UM, A WEEK DO, COULD DO A, UH, OKAY.

SO WE COULD CLOSE, CLOSE AGAIN.

WE'LL CLOSE THE PUBLIC HEARING AND KEEP THE RECORD OPEN TO NOVEMBER 25TH.

AND THE DECISION OF THE ZONING BOARD, UH, UH, HOPEFULLY WILL BE IN OUR HAND ON, UM, ON THE SET ON DECEMBER 2ND, SO WE COULD, UH, UH, UH, MAKE A DETERMINATION ON, UH, A DECISION FOR THIS APPLICATION.

WITH THAT SAID, CEQ WAS ALREADY DONE.

SO WITH THAT SAID, I WILL, UH, THE PROPOSAL THAT WE CLOSE THE PUBLIC HEARING AND KEEP THE RECORD OPEN UNTIL NOVEMBER TWO FIFTH.

I JUST WANTED TO BEFORE, UH, UH, WE GET THE SECOND, THEN WE'RE GONNA HAVE A DISCUSSION.

I WANNA HAVE A DISCUSSION ABOUT THAT A SECOND.

I SECOND WALTER'S MOTION.

DO WE HAVE A SECOND? OKAY.

I, I'D LIKE TO DISCUSS IT FOR A SECOND.

UM, THE REASON I WANNA DISCUSS IT IS THAT WE DO HAVE OPEN ISSUES FOR MR. CANNING STILL.

YOU ALSO PROMISED MR. BOWEN THE OPPORTUNITY TO OPINE ON SOME OF THE STUFF THAT HE'S DOING, WHICH HE CAN'T DO IF WE CLOSE THE HEARING.

SO I DON'T KNOW EXACTLY WHY WE'RE ABOUT CLOSING THE HEARING AT THIS POINT, IF THAT'S REALLY APPROPRIATE FOR THOSE TWO REASONS.

AND WE GET FROM MR. CANNING AN IDEA WHEN HE CAN GET A RESPONSE IF HE CAN DO IT.

'CAUSE HE, HE INDICATED TOMORROW IF WE LEAVE THE RECORD OPEN, IT WOULD GIVE SUFFICIENT TIME FOR MR. BODEN, UH, TO COMMENT IN WRITING.

IT WOULD HAVE TO BE IN WRITING.

MR. BODEN, JUST SO YOU UNDERSTAND THAT, NOT, NOT, UM, UH, UH, VERBALLY.

WE CAN DO THAT AND GET, GET, UM, AARON, DO YOU THINK MR. KEON CAN DELIVER AN ANSWER WITHIN THE NEXT, UH, WEEK OR SO? I THINK HE CAN DELIVER AN ANSWER BEFORE THE END OF THE WEEK, WHICH I WILL FORWARD TO MR. BODEN.

I JUST WANNA MAKE, I DON'T WANT ANYBODY TO HAVE ANY MISIMPRESSIONS IF THAT, AS LONG AS

[04:20:01]

SO IF THE PLANNING BOARD WERE TO CLOSE AND LEAVE THE RECORD OPEN THROUGH, UH, UH, THE 25TH, THAT WOULD GIVE MR. BODEN, UH, SEVERAL DAYS TO PUT ANY ADDITIONAL COMMENT IN WRITING.

AND HE'S INDICATED A THUMBS UP AND AN OKAY SIGN.

I JUST WANTED TO MAKE THAT CLEAR.

THAT, THAT, THAT'S A VERY GOOD POINT.

YOU, YOU, YOU RAISED YOU.

I THINK THAT'S GOOD BECAUSE, UH, WE DID, I DID INDICATE THAT HE WOULD HAVE AN OPPORTUNITY AND THIS WOULD ENSURE THAT HE HAS THAT OPPORTUNITY.

I DID HAVE ONE OTHER COMMENT BEFORE YOUR VOTE.

MR. SIMON? CHAIRPERSON SIMON? YES.

UH, JESSE, COULD YOU, UH, CHIME IN ON THAT POINT? YEAH, SO WE HAVE THE FULL SET OF PLANS.

WE'LL JUST REACH OUT TO YOU, AARON, TOMORROW AND COORDINATE A NUMBER OF COPIES AND WE'LL PROBABLY WORK WITH, UM, MR. KIRTI'S OFFICE JUST TO MAKE SURE COVER LETTERS AND ALL THAT STUFF IS SQUARED AWAY TOO, BUT YOU, I WOULD THINK BY FRIDAY OR, OR MONDAY AT THE LATEST.

THANK, I'LL CALL FOR A VOTE THEN, WALTER.

ALL IN FAVOR OF, UH, WE ALREADY HAVE THE MOTION ON THE TABLE.

ALL IN FAVOR OF THE MOTION ON AYE.

UH, AYE.

ABSTENTION.

OH, WE ARE, THAT'S ALL RIGHT.

WE ARE COURT.

UH, ARE THERE ANY NOTES? NO.

OPPOSING A, A NO OPPOSITION OF OR ATTENTION AND MOTION CARRIED.

OKAY, NOW WE WILL, OKAY.

A MOTION, UH, UH, THE CALLS FOR PUBLIC HEARING SECTION OF THE MEETING AND TURN TO THE WORK SESSION.

SO MOVED.

ALL IN FAVOR? AYE.

OPPOSED? WE VERT BACK TO, UH, THE, OUR WORK SESSION.

THE FIRST ITEM ON THE WORK ON THE, OUR WORK SESSION IS THE EAGLE ENERGY STORAGE.

UH, DO WE HAVE AN APPLICANT OR REP REPRESENTING THAT APPLICANT? UH, CHAIRPERSON SIMON.

I THINK WE TALKED ABOUT A DIFFERENT ORDER.

UM, OR AARON, IS THERE A DIFFERENT ORDER? WE WENT THROUGH? WE WENT THROUGH THE PUBLIC HEARING AND THEN WE HAVE THE, UM, ELMWOOD.

THE ELMWOOD.

ELMWOOD, YEAH.

OUTLINED THE, UM, THE, THE, THE DUTIES OF THE, AND THE RESPONSIBILITY AND, AND OF THE PLANNING BOARD IN TERMS OF, OF WHAT GOES INTO AT THAT POINT, UH, WHAT GOES INTO OUR RECOMMENDATION, UH, WHICH WILL THEN LEAD INTO A, UH, UH, A E I SS FROM THE TOWN BOARD.

I'M LOOKING AT THE OLD SYSTEM OF THE OLD ONE, THE ELMWOOD FIRST AND THEN REFER BACK TO THE, UH, THE EAGLE, UH, ENERGY STORAGE.

SO, UH, THAT'S CORRECT.

WE'LL NOW BEGIN WITH, UM, THE ELMWOOD, UH, PRESERVE.

AND I INDICATED TO THE BOARD PREVIOUSLY AND, UH, INDICATED TO THE APPLICANT THAT I, I WANTED, UH, THE PRESENTATION TO, UH, FOR THE PLANNING BOARD MEMBERS SO THEY HAVE A COMPLETE AND, AND CLEAR UNDERSTANDING OF WHAT'S IN THE D E I S AND WHAT ARE, UH, PLANS ARE BEING PROPOSED.

THE PROS AND CONS OF EACH, UH, UH, I INDICATED TO THE PLANNING BOARD MEMBERS TO PULL OFF QUESTIONS, UH, IN TERMS OF, UH, OPINING ON WHICH PLAN THEY LIKE BETTER, BUT RESTRICT THEIR QUESTIONS FOR CLARIFICATION.

AND THEN AT OUR DECEMBER 2ND MEETING, I WILL SET ASIDE A FULL HOUR FOR PLANNING BOARD MEMBERS TO ASK ALL THE QUESTIONS.

BY THAT TIME, YOU WOULD'VE SEEN THE PLANS FOR SEVERAL WEEKS AND WOULD HAVE GOTTEN THE, UH, PRESENTATION OF THE D E I S.

YOU'VE GOTTEN, UH, UH, THE PRESENTATION ON THE, ON THE, UH, UH, THE VARIOUS PLANS.

AND THEN, AND GARRETT WILL ALSO, EITHER AT THE END OF THIS MEETING OR ON THE SEVENTH SECOND MEETING

[04:25:01]

VERY GOOD CHAIRPERSON, SIMON.

I'M PREPARED TO DO THAT NOW.

UH, I HAVE A BRIEF PRESENTATION, JUST SORT OF A D E I S, UH, PLANNING BOARD PRIMER.

UH, IT'S ABOUT FIVE MINUTES OR LESS, AND THEN WE'LL TURN IT OVER TO THE APPLICANT.

UM, WALTER, CAN I ASK ONE PROCESS QUESTION, WHICH IS THIS? SURE.

UM, HAVE, HAVE WE RECEIVED THE FIVE ALTERNATIVE PLANS? BECAUSE I DON'T BELIEVE I DID THE PLANS? YES, FOR THE, UH, UH, UH, UH, YEAH, WE, WE, THE PLANS WERE SENT OUT.

, YOU DON'T, MICHAEL, WE CAN MAKE SURE THAT YOU GET THEM.

I KNOW THAT THEY WERE SENT OUT PERHAPS TWO, UM, MEETINGS AGO WHEN THE, UM, NOTICE OF COMPLETION WAS DONE, BUT, UH, IF YOU DON'T HAVE THEM, WE'LL MAKE SURE THAT YOU GET THEM.

THEY WERE IN MY PREVIOUS PACKET.

AND, AND, BUT I WOULD ASK THE APPLICANT TO, YOU KNOW, PUT THOSE ON THE SCREEN.

SO EVEN THOUGH YOU MIGHT NOT HAVE IT IN FRONT OF YOU, AND YOU'LL BE ABLE TO FOLLOW IT ON YOUR SCREEN, YOU WILL.

GARRETT, PLEASE BEGIN.

QUESTIONS WILL BE COLLECTED BY THE TOWN BOARD AND RESPONDED TO BY THE APPLICANT FOLLOWING THE TOWN BOARD'S CLOSE OF THE D E I S PUBLIC HEARING AND WILL BE INCLUDED AS PART OF THE FINAL ENVIRONMENTAL IMPACT STATEMENT.

GOOD EVENING.

CHAIRPERSON SIMON AND PLANNING BOARD MEMBERS PRIOR TO THE APPLICANT'S PRESENTATION, I'D LIKE TO BRIEFLY REITERATE AND ORIENT YOU ON A FEW ASPECTS ASSOCIATED WITH THE ENVIRONMENTAL IMPACT STATEMENT PROCESS WITH A GOAL OF ASSISTING YOU TO BETTER UNDERSTAND THE PLANNING BOARD'S FUNCTION AS AN INVOLVED AGENCY.

AS YOU KNOW, THE TOWN BOARD AS LEAD AGENCY IN THE SECRET PROCESS CERTIFIED THE DRAFT E I S AS COMPLETE, WHICH OCCURRED OCTOBER 28TH, THIS RESULTED IN THE CIRCULATION OF THE D E I S TO THE PLANNING BOARD AS AN INVOLVED AGENCY, AS WELL AS THE CIRCULATION OF THE DOCUMENT TO OTHER INVOLVED AND INTERESTED AGENCIES.

IF THE SITE IS ULTIMATELY REZONED BY THE TOWN BOARD TO BE A PLANNED UNIT DEVELOPMENT, REGARDLESS OF THE DENSITY PROPOSED, THE PLANNING BOARD WOULD HAVE SITE PLAN APPROVAL JURISDICTION.

STEEP SLOPE PERMITS AND OR WETLAND WATERCOURSE PERMITS WOULD BE THE PLANNING BOARD APPROVAL JURISDICTION.

THE E I S PROCESS IS UNIQUE AND DIFFERENT FROM THE STANDARD SITE PLAN AND SUBDIVISION APPROVAL PROCESSES THAT YOU'RE ACCUSTOMED TO.

THE E I S PROCESS HAS NOT OCCURRED TO COMPLETION IN THE TOWN IN SEVERAL YEARS.

THE LAST BEING THE E I S ASSOCIATED WITH THE PROCESS, WHICH REZONED LANDS NOW OWNED BY REGENERON FROM THE OB DISTRICT TO THE PLANNED ECONOMIC DEVELOPMENT DISTRICT.

AND THIS OCCURRED IN 2014.

THE D E I S CERTIFIED AS COMPLETE FOR REVIEW.

THAT WAS IN OCTOBER OF THIS YEAR.

THE KEY SEEKER STEPS THAT REMAIN ARE AS FOLLOWS, THE LEAD AGENCY INVOLVED AGENCIES AND INTERESTED AGENCIES AND MEMBERS OF THE PUBLIC PROVIDE COMMENTS ON THE D E I S.

THE SUBSTANTIVE COMMENTS RAISED REGARDING THE D E I S WILL REQUIRE RESPONSES BY THE APPLICANT AND COMPRISE THE FINAL ENVIRONMENTAL IMPACT STATEMENT, WHICH YOU WILL ALSO REVIEW IN A SIMILAR FASHION AS YOU'RE REVIEWING THIS, D E I S FOLLOWING THE F E I S, THE PLANNING BOARD AS AN INVOLVED AGENCY WILL PREPARE WRITTEN FINDINGS THIS EVENING.

YOU WERE ENCOURAGED TO ASK QUESTIONS ABOUT ASPECTS OF THE PROPOSAL AND THE D I S THAT MIGHT NOT BE CLEAR TO YOU SIGNIFICANTLY.

[04:30:01]

JUST AS A REMINDER, THE TOWN BOARD IS SCHEDULED TO HOLD THAT D E I S PUBLIC HEARING ON JANUARY 27TH.

THE RESPONSES IN THE F E I S WILL ASSIST THE PLANNING BOARD, TOWN BOARD, AND OTHER INVOLVED AGENCIES TO PREPARE THEIR WRITTEN FINDINGS, THE SUBSTANTIVE D E I S COMMENTS AND QUESTIONS THAT THE PLANNING BOARD TOWN BOARD, CONSERVATION ADVISORY COUNCIL, NEW YORK STATE DEPARTMENT OF TRANSPORTATION, AND MEMBERS OF THE PUBLIC AND OTHERS COME UP WITH.

AND THE RESPONSES TO THESE COMMENTS AND QUESTIONS IN THE FINAL ENVIRONMENTAL IMPACT STATEMENT WILL HELP ALL IN THE PROCESS AND LEAD TO A WELL-PLANNED DEVELOPMENT AT THE SITE FROM THE SEEKER HANDBOOK, THEY NOTE THE FOLLOWING GOOD PRACTICES FOR COMMENTING ON A D E I SS CONSIDER WHETHER THE STUDIES CONDUCTED AND OTHER SOURCES CITED ARE ADEQUATE TO SUPPORT THE ANALYSIS AND CONCLUSIONS REPORTED IN THE DRAFT.

E I S IF THERE ARE DEFICIENCIES IN DISCU, IN THE DISCUSSIONS AND POTENTIAL IMPACTS, ALTERNATIVES OR MITIGATION.

IDENTIFY, IDENTIFY THOSE AND SUGGEST ADDITIONAL AND MORE APPROPRIATE STUDIES OR SOURCES TO AUGMENT THE DEFICIENT DISCUSSIONS.

GIVE CAREFUL ATTENTION TO THE COMPARATIVE ASSESSMENT OF ALTERNATIVES PRESENTED IN THE D E I S AND OFFER ADDITIONAL REASONABLE ALTERNATIVES IF YOU CAN IDENTIFY SOME AND REVIEW ALL MITIGATION MEASURES THAT ARE ANALYZED AND SUGGEST ADDITIONAL REASONABLE MEASURES TO REDUCE ADVERSE ENVIRONMENTAL IMPACTS.

I'D LIKE TO NOTE THAT PROFESSIONAL PLANNER, STEWART MESSINGER AND PROFESSIONAL TRANSPORTATION ENGINEER BERNARD ADLER OF CHAZEN COMPANIES ARE PRESENT ON BEHALF OF THE TOWN CHAZEN.

REVIEWED AND COMMENTED ON THE D E I S EXTENSIVELY BEFORE THE TOWN BOARD'S DETERMINATION OF COMPLETENESS.

STEWART AND BERNIE CAN ASSIST YOU.

IF YOU HAVE ANY QUESTIONS AT ANY TIME THIS POINT, I'D LIKE TO TURN IT OVER TO DAVID STEINMAN, ATTORNEY ON BEHALF OF THE APPLICANT TO WALK YOU THROUGH THE PROJECT.

THANK YOU VERY MUCH, MR. CHAIRMAN.

YOU'RE MUTED IF YOU WERE SPEAKING OKAY.

UM, UH, JUST BEFORE, UH, JUST BEFORE, UH, MR. SIMON START, I'D LIKE TO JUST MY COMMENTS TO THE, UH, PLANNING BOARD MEMBERS, DEPENDING ON THE TIME, BECAUSE AFTER THE REVIEW THAT, UH, UH, UH, COMMISSION BECAME MADE, UH, AFTER THE REVIEW.

AND IF WE HAVE TIME, THEN WE WILL OPEN IT UP TO QUESTIONS, UH, FROM PLANNING BOARD MEMBERS.

HOWEVER, THAT WILL DEPEND ON HOW MUCH TIME WE HAVE BECAUSE I WANT TO GET THROUGH TONIGHT'S AGENDA AND YOU'LL HAVE, UH, A FULL OPPORTUNITY AT THE NEXT MEETING THAT, UH, TO ASK ALL THE QUESTIONS.

SO AS WE, IF WE FINISH EARLY AND WE START GETTING INTO QUESTIONS, I MIGHT, DEPENDING ON THE TIME, I MIGHT END THE QUESTIONING PERIOD.

UH, SO WE CAN GET THROUGH TONIGHT'S AGENDA, BUT YOU'LL HAVE FULL OPPORTUNITY TO, TO ASK ALL THE QUESTIONS THAT NEEDED TO BE ASKED AT THE NEXT MEETING.

WELL, WALTER, WHY DON'T YOU TELL US, WHY DON'T YOU TELL US AT WHAT TIME YOU WANNA CUT OFF THE DISCUSSION? I THINK THAT MIGHT HELP.

WHAT TIME? I WANT TO, EIGHT 30.

LET ME, LET ME SEE.

UH, EIGHT O'CLOCK.

I WANT TO, UH, I ABOUT, UH, SEVEN WHAT THE, WAIT A SIX 30 NOW? UH, SEVEN 15.

THE LATEST IS SIX 30 NOW.

AND THE GREENBERG, UH, SCHOOL DISTRICT, ALL OF WHICH WERE TAKEN INTO ACCOUNT IN GOING THROUGH THE ANALYSIS.

HEY, ARE WE SET TO HEAR FROM MR. STEINMETZ? YES, MR. CHAIRMAN, MEMBERS OF THE BOARD, UH, DAVID STEINMETZ FROM THE LAW FIRM WAS AARON AND STEINMETZ.

I'M GONNA TRY TO BE VERY BRIEF 'CAUSE GARRETT REALLY HIT MOST OF WHAT I WANTED TO ADDRESS.

I WANT TO INTRODUCE OUR ENTIRE TEAM IS HERE THIS EVENING FROM RIDGEWOOD REAL ESTATE PARTNERS, JONATHAN REBO AND BRETT OWINGS, UH, FROM JOHN MEYER CONSULTING, J M C PLANNING AND ENGINEERING, JIM RYAN AND JAMES CARRIS.

UH, MY COLLEAGUE, MAX ALAK, WHO WAS HERE EARLIER, IS WORKING ON THIS AS WELL.

HE'S OFF IN NEW ROCHELLE RIGHT NOW.

ALL OF US HAVE BEEN WORKING, UM, COOPERATIVELY, UH, AS A TEAM WITH THE TOWN, WITH THE TOWN'S CONSULTANTS IN RESPONDING TO THE, UH, EXTENSIVE SCOPE THAT WE RECEIVED FROM THE TOWN BOARD AS LEAD AGENCY.

WITH REGARD TO THE ELMWOOD SITE.

THE ELMWOOD SITE IS 109 ACRES.

IT'S SPLIT ZONE CURRENTLY BETWEEN THE R 20 AND R 30 ZONING DISTRICTS.

IT'S SPLIT BETWEEN THE ELMSFORD

[04:35:01]

UH, JONATHAN REBOS GOING TO WALK US THROUGH THAT IN, IN GREAT DETAIL.

UM, IN A MOMENT, ONE THING I REALLY FELT COMPELLED TO REMIND THE PLANNING BOARD, ALL OF YOU WERE INSTRUMENTAL IN HELPING US GET THIS PROJECT OFF THE GROUND.

AT THE BEGINNING, WE WERE SEEKING TO RE THE SITE AS THE, UH, COMMISSIONER INDICATED INTO A P U D AND TO UTILIZE THE R 20 ZONING BULK TO YIELD 175 ACTIVE ADULT TOWNHOUSE UNITS.

WE'RE GONNA TALK ABOUT THAT TONIGHT.

THE D E I S TALKS ABOUT THAT IN GREAT DETAIL, AND WE COMPARE AND CONTRAST THAT WITH ZONING COMPLIANT OR AS OF RIGHT DEVELOPMENT AND A NUMBER OF OTHER ALTERNATIVES FOR US.

YOUR BOARD HELPED SET US ON THE PATH TO REEXAMINE THE SITE AND NOT JUST LOOK AT IT AS A, A, UH, SINGLE FAMILY RESIDENTIAL SUBDIVISION, BUT TO LOOK AT IT IN A FASHION THAT MIGHT YIELD A MORE MARKET APPROPRIATE ENVIRONMENTALLY SENSITIVE DEVELOPMENT.

THAT'S WHAT WE THINK OUR GARRETT USED THE PHRASE OUR PREFERRED DEVELOPMENT, UH, IS.

THAT IS WHAT THE D E I SS WAS PREDICATED UPON, ALTHOUGH THERE ARE A NUMBER OF OTHER ALTERNATIVES.

SO TONIGHT THOUGH, YOU MAY ALL HAVE SOME TIME TO ASK QUESTIONS.

I'LL BE GUIDED.

OUR TEAM WILL BE GUIDED, MR. CHAIRMAN, BY YOU AND BY THE COMMISSIONER.

'CAUSE HE'S RIGHT.

WE ARE ACTUALLY REQUIRED TO RESPOND TO ALL APPROPRIATE QUESTIONS IN WRITING IN THE F E I S.

I HOPE WE HAVE TIME TONIGHT AND ON DECEMBER 2ND TO HAVE SOME FORM OF A DIALOGUE BECAUSE I DO BELIEVE OUR TEAM BELIEVES THAT YOUR BOARD CAN BE QUITE HELPFUL IN GUIDING, UH, THE VISION THAT ULTIMATELY WILL YIELD THE BEST APPROPRIATE DEVELOPMENT ON THE SITE.

AND WITH THAT, I'M GONNA TURN IT OVER TO JONATHAN SO THAT WE CAN MOVE THROUGH HIS PRESENTATION AS QUICKLY AS POSSIBLE AND ALLOW TIME FOR SOME PLANNING BOARD INPUT.

JONATHAN, GOOD EVENING.

UH, THANK YOU VERY MUCH, UH, BOARD FOR HAVING ME TONIGHT.

UM, I'M GONNA SHARE MY SCREEN IN A MOMENT, BUT I'VE SORT OF SPLIT MY PRESENTATION INTO A COUPLE OF PARTS.

THE FIRST PART IS JUST A LITTLE BACKGROUND ON THE SITE, WHICH DAVID AND GARRETT HAVE DONE A GOOD JOB, UH, STEALING MY THUNDER ON THAT.

UM, BUT THAT'S OKAY.

AND THEN THE SECOND PART IS REALLY ABOUT OUR PROPOSAL FOR THE 175 UNIT ACTIVE ADULT.

AND THEN WE WILL END WITH THE ALTERNATIVE SECTION.

AND THEN FROM A TECHNICAL STANDPOINT, IF THERE'S ANY TECHNICAL QUESTIONS, WE HAVE THE, THE J M C TEAM HERE, UH, TO ANSWER ANY, ANY TECHNICAL QUESTIONS.

SO WITH THAT, I'M GONNA HOPE THIS WORKS AND SHARE.

UM, SO AS, UH, AS WAS POINTED OUT, THA UH, ONCE AGAIN, THANKS FOR HAVING ME.

UM, BUT AS WAS POINTED OUT, WE, UH, WE ARE THE OWNERS OF THE FORMER ELMWOOD COUNTRY CLUB, EIGHT 50 DOBBS FERRY ROAD, SITS BETWEEN THE SPRAIN AND WORTHINGTON ROAD.

UM, THERE'S A, JUST A COUPLE.

I ALWAYS LIKE TO POINT OUT THAT THE CON CONED POWER LINES THAT GO THROUGH THE SITE ARE, IS NOT AN EASEMENT.

IT IS ACTUALLY OWNED BY CON EDISON.

UM, SO THAT LAND IS NOT INCORPORATED INTO OUR CALCULATIONS.

YOU'LL SEE A FEW TIMES THAT WE ACTUALLY ARE GOING TO GET PERMISSION TO CROSS THAT FOR SOME AMENITIES, BUT IT IS NOT INCLUDED IN OUR, IN OUR CALCULATIONS.

WHAT YOU SEE IN FRONT OF YOU RIGHT NOW IS 175, UNIT 55 AND OVER HUD DEVELOPMENT PLAN.

UH, WE HAVE, UH, OUR MAIN ENT WE HAVE TWO ENTRANCES ALONG DOBBS FERRY ROAD FOR THE DEVELOPMENT.

WE HAVE OUR MAIN ENTRANCE, WHICH IS, WHICH IS ACROSS FROM THE CAPITAL SENIOR HOUSING PROJECT.

AND WE HAVE A SECONDARY INGRESS AND EGRESS ACROSS FROM WESTCHESTER VIEW LANE TO NOTE THAT MOVES OUR CURRENT, THE CURRENT DRIVEWAY OR THE DRIVEWAY OF THE FORMER CLUB TO THE EAST.

A LITTLE BIT TO LINE UP WITH WESTCHESTER VIEW, MOVING IT AWAY FROM WORTHINGTON ROAD.

UM, MOVING ON.

SO AS GARRETT SAID, THERE'S A, YOU KNOW, AS PART OF THE, AS PART OF THE PROCESS, UM, TOWN BOARD ACT ACTIONS, WE HAVE THE SECRET DETERMINATION, AND THEN WE HAVE THE ZONING MAP AMENDMENTS, WHICH INCLUDES THE REZONING TO AN R 20 AND A P U D OVERLAY.

UM, AND THEN I'VE

[04:40:01]

LISTED SOME OF THE, SOME OF THE, THE MORE MAJOR PLANNING BOARD ACTIONS THAT INCLUDE THE SITE PLAN, THE SUBDIVISION APPROVAL, WETLAND PERMIT FOR SOME OF THE ADJACENT AREAS, STEEP SLOPES, TREE REMOVAL, AND, AND I'M SURE OTHERS THAT I, UH, THAT I DID NOT INCLUDE.

SO, AS WAS POINTED OUT, OUR PROPERTY IS ZONED R 20 AND R 30.

IN THE RESIDENTIAL ZONING DISTRICTS, WE ARE APPLYING FOR A PUD DESIGNATION TO ALLOW FOR A FLEXIBLE USE AND DESIGN RE AND DESIGN REGULATIONS THAT ALLOW FOR A SELF-CONTAINED RESIDENTIAL NEIGHBORHOOD OF A VARYING SCALE.

OUR GOAL WAS TO BE ABLE TO PRESERVE SOME OPEN SPACE, PROMOTE THE EFFICIENT USE OF LAND.

UM, WE'RE SURROUNDED BY A VARIETY OF COMPATIBLE HOUSING THAT INCLUDES SINGLE FAMILY TO OUR NORTH AND TO OUR WEST.

IT INCLUDES THE SENIOR HOUSING PROJECT ACROSS THE STREET ALSO, I'M SORRY, INCLUDES SOME SINGLE FAMILY HOUSING, UH, TO OUR SOUTH ON WESTCHESTER VIEW, UM, AS WELL AS WHAT I CALL COMMERCIAL RECREATION.

WITH THE DRIVING RANGE ACROSS THE STREET, UH, OUR PROPOSAL, WE BELIEVE PROVIDES AN ADDITIONAL HOUSING CHOICE FOR THE RESIDENTS OF GREENBURG'S AND THOSE IN THE SURROUNDING AREA.

UM, OUR PLAN INCLUDES A 200 FOOT OPEN SPACE BUFFER SURROUNDING THE PROPERTY, PROVIDING A GENEROUS SCREENING TO THE ADJACENT RESIDENTIAL PROPERTIES TO THE NORTH AND WEST.

UM, HOW WE CAME UP WITH 200 FEET, IT'S BASICALLY THE WIDTH OF A FAIRWAY.

SO TO PUT IT IN PERSPECTIVE, IT LEAVES AN OPEN SPACE THAT WAS THE HOLES, THE GOLF HOLES THAT WERE ON OUR NEIGHBORS BORDERS.

UM, WE'VE SPENT SOME TIME EXAMINING THE TREES AND PLAN ON PROTECTING A NUMBER OF THE EXISTING TREES, UM, TO THE EXTENT IT'S CONSISTENT WITH OUR GRADING AND DRAINAGE REQUIREMENTS.

UH, WE ALSO HAVE A PLAN AS, AS YOU MAY OR MAY NOT KNOW IF YOU'VE, IF YOU'VE EITHER PLAYED THERE OR WALKED THE SITE, UM, IT'S AN UNDULATING PIECE OF PROPERTY.

WE THINK THAT'S ONE OF THE, THE NEAT PARTS ABOUT THE PROPERTY.

AND WE HOPE TO BE ABLE TO TAKE ADVANTAGE OF SOME OF THOSE EXISTING FEATURES WHILE CREATING THAT WELCOMING AND ATTRACTED SETTING.

AND THAT'S MADE UP OF NOT ONLY THE VEHICULAR TRAFFIC, WHICH IS, HAS LESS VOLUMES ASSOCIATED WITH OUR PROPOSED 55 AND OVER COMMUNITY.

UM, AND IT'S NOT BECAUSE PEOPLE HAVE LESS CARS OR PEOPLE WHO DON'T LIVE, THEY'RE JUST MOVING AT DIFFERENT TIMES.

SO RESIDENTS AREN'T NECESSARILY OUT THERE AT THE A AM AND PM PEAK, UM, WHICH, WHICH WE'RE BUSY MEASURING, BUT WE CAN GET INTO MORE DETAIL ON THAT TRAFFIC AS, AS WE MOVE THROUGH THE PRO AS WE MOVE THROUGH THE PROCESS.

UM, WE PLAN TO ADD SIDEWALKS ALONG DOBB FERRY ROAD, ALONG THE FRONTAGE OF OUR PROPERTY.

UH, AS I SAID BEFORE ABOUT R ABOUT THE PARK ENTRANCE.

ONE OF THE, IF, IF WE'VE ALL GOTTEN OFF THE SPRAIN OR, OR ENTERED THE PARK ON THE NORTHERN SIDE OF DOBBS FERRY ROAD, IT'S, IT'S A CHALLENGING INTERSECTION AND DOESN'T ALIGN, UH, DOESN'T ALIGN BOTH SIDES OF THE SPRAIN.

UH, BY PUTTING A NEW ENTRANCE FOR THE PARK THAT WE'RE PROPOSING, IT WOULD ALLOW THE TOWN TO WORK WITH THE STATE IN POTENTIALLY RECONFIGURING THAT AREA OF DOBBS FERRY ROAD.

AND LASTLY, AS YOU'LL SEE IN FURTHER DETAIL IN OUR PLAN, WE'RE PROPOSING PUBLIC WALKING PATHS FROM THE NORTH AND WEST TO CONNECT TO THE RUM, TO CONNECT TO RUNBOOK PARK, ALLOWING THE RESIDENTS THAT LIVE ON THOSE SIDES OF THE PROPERTY TO NOT HAVE TO GET IN THEIR CAR TO GET TO RECREATION OR TO THE DOG PARK.

UM, AS A FORMER COUNTRY CLUB, THE PROPERTY HAS GRADUAL UNDULATIONS AND A AND, UH, VARIABILITY IN THE TOPOGRAPHY, AS I TALKED ABOUT BEFORE.

AND THE INTENT OF OUR GRADING DESIGN WILL BE TO BALANCE THE EARTHWORK SO THAT NO EXCESS MATERIAL IS NEEDED TO BE BROUGHT IN OR OUT OF THE SITE, OR AT LEAST MINIMIZE THAT.

STARTED TALKING A LITTLE BIT ABOUT OPEN SPACE AND PARKS, AND I THINK THIS IS AN IMPORTANT STATISTIC WE'RE PROPOSING IN OUR PLAN, 45 ACRES OF OPEN SPACE, 14.2 ACRES OF PARK.

SO 59 O OVER 59 ACRES OF OUR SITE IS TO REMAIN OPEN, WHICH IS MORE THAN 50% WITH THE REMAINING HALF TO BE USED FOR DEVELOPMENT.

UH, WE'RE NOT IMPACTING OUR WETLANDS OR OUR WATERCOURSE.

AND WE'RE ACTUALLY GONNA PUT SOME ENHANCED PLANTINGS AROUND SOME OF THE PONDS THAT ARE ON THE SITE.

OUR PROPOSED, UH, REZONING IS TO ALLOW FOR 175 AGE RESTRICTED TOWNHOMES, WHICH WE EXPECT WILL GENERATE 280 PEOPLE WITH NO SCHOOL AGE CHILDREN.

SO WITH OUR 55 AND

[04:45:01]

OVER COMMUNITY, WE WILL RESTRICT IT THAT THERE WILL BE NO CHILDREN LIVING IN THE COMMUNITY.

SURE, THERE'LL BE PLENTY OF QUESTIONS, WE'RE PREPARED TO ANSWER THOSE AS WELL.

WE'LL ADD THOSE TRAILS THAT I MENTIONED BEFORE TO ALLOW OUR ADJACENT SUBDIVISIONS TO CONNECT TO THE TOWN PARK.

AND WE ARE PROPOSING TO NOT ONLY DONATE 14.2 ACRES OF LAND, BUT WE'RE WILLING TO PROGRAM IT, MEANING WE'RE WILLING TO BUILD THE AMENITIES AND THEN DEDICATE THE ENTIRE FACILITY TO THE TOWN.

AS AN EXPANSION OF EAST RUNBOOK PARK, A LITTLE BIT ABOUT THE FISCAL AND ECONOMIC, UH, SITUATION AT THE SITE.

WE CURRENTLY PAY TO ABOUT $280,000 IN REAL ESTATE TAXES ON THE PROPERTY.

UM, WITH OUR PROPOSAL, WE HAVE FISCAL ANALYSIS THAT WOULD SHOW THAT WE'RE GONNA GENERATE ABOUT 2.7 MILLION OR MORE IN REAL ESTATE TAXES RESULTING IN A, IN A NET TAX BENEFIT OF $2 MILLION.

WITH THAT SAID, SEEING THAT WE HAVE NO KIDS IN THE, IN THE SCHOOL SYSTEM, WE'RE DO, WE'RE, WE'RE DIRECTLY IMPACTING THE TWO DIFFERENT SCHOOL DISTRICTS BY OVER $1.4 MILLION OF ADDITIONAL FUNDS.

WE ALSO BELIEVE, UH, THAT OUR PROJECT WILL, UH, CREATE 463 JOBS AND HAVE 28 MILLION OR MORE INDIRECT, INDIRECT AND INDUCED IMPACT ON THE ECONOMY.

UM, JUST A LITTLE TECHNICAL STUFF.

UM, WE'VE RECEIVED A WILL SERVE LETTER FOR WA FOR WATER AND SEWER, SEWER FROM GREENBERG CONSOLIDATED WATER DISTRICT ADVISING THAT WE HA THAT THERE'S SUFFICIENT CAPACITY.

THERE'S, AND THAT FACILITY HAS AMPLE CAPACITY TO TREAT THE ADDITIONAL FLOWS THAT COULD BE, OR THAT WOULD BE PRODUCED BY OUR PROJECT.

AND THERE IS NO INDICATION OF ANY ISSUES REGARDING DOWNSTREAM INFRASTRUCTURE.

UH, WE'VE RECEIVED A LETTER OF NO EFFECT FROM THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION.

SO NOW WE'RE GONNA, WE'RE GONNA GET INTO A LITTLE BIT OF THE ALTERNATIVES, SO I'M GONNA GO THROUGH THE ALTERNATIVES AND THEN I'M GOING TO STOP MY, THIS SLIDE AND PULL UP.

ACTUALLY, IT'S, IT'S UP AS WELL.

UM, AND I THINK THAT'S A POINT TO TAKE THE FIRST SET OF QUESTIONS AND THEN WE CAN BOUNCE BACK AND FORTH BETWEEN THE DIFFERENT PLANS.

SO, SO I JUST ACTUALLY GONNA JUST GO BACK TO SLIDE THREE FOR A SECOND SO YOU CAN REMEMBER WHAT OUR PROPOSED PLAN LOOKS LIKE.

THIS IS THE 175 UNITS WITH THE PARK, APPROXIMATELY A LITTLE MORE THAN 50% OF OPEN SPACE, UH, OPEN SPACE.

SO NOW WE CAN GO TO THE ALTERNATIVES.

SO I'LL FIRST, ALTERNATIVE B, ALTERNATIVE B IS THE ZONING COMPLIANT.

I'M SORRY, SIR.

BEFORE, BEFORE YOU GET INTO ALTERNATIVES, I WOULD ASK IF ANY OF THE BOARD MEMBERS HAVE QUESTIONS ABOUT THE, UM, THE ORIGINAL PROPOSAL.

AND THEN WE COULD, YOU COULD PRESENT A PLAN AND THEN WE COULD ASK SOME QUESTIONS AND, AND DO IT THAT WAY.

SO IT WOULD BE FRESH IN THE, THE DESIGN WILL BE FRESH IN BOARD MEMBERS' MIND.

HAPPY, HAPPY TO DO IT THAT WAY.

THANK YOU, SIR.

I HAVE A QUESTION.

UM, I, I, I SEE THAT THE PLEA BOARD HAS SITE APPROVAL, BUT WHY DOES THE PLANNING BOARD HAVE SITE APPROVAL IF THIS IS MORE THAN FIVE ACRES? UH, MIKE, I CAN TAKE THAT ONE IF IT'S OKAY.

UH, SO THE ZONING ORDINANCE, UH, SPECIFIES AS SUCH, THE FIVE ACRE RULE HAS, UH, A MAJOR EXCLUSION OR AN EXCEPTION I SHOULD SAY.

AND THAT IS WITH RESPECT TO THE PD DISTRICT, WHICH IS ESSENTIALLY THE NON-RESIDENTIAL PLAN UNIT DEVELOPMENTS OR PLAN DEVELOPMENTS AND PLANNED UNIT DEVELOPMENTS.

SO THE ZONING ORDINANCE, PROVIDES AN EXCEPTION, AND REGARDLESS OF THE ACREAGE, UH, IT'S PLANNING BOARD SITE PLAN, APPROVAL FOR ALL PLAN UNIT DEVELOPMENTS.

AND AS YOU RECALL, THE GRAYSTONE, FOR INSTANCE, UM, MUCH LARGER THAN, UH, YOU KNOW, FIVE ACRES AND THE PLANNING BOARD SITE PLAN APPROVAL JURISDICTION THERE.

THREE AND FOUR, UM, YOU KNOW, UNITS TOGETHER, BUT WHAT IS THE HEIGHT OF THIS BUILDING? UM, BRETT, CAN YOU UNMUTE AND, UH, YOU KNOW, THE, I THINK THE, ARE THEY 35 FEET? THE, THE BUILDINGS, THEY'RE GONNA BE 35 FEET HIGH.

I HAVE ONE QUESTION.

GO AHEAD.

UM, WHAT IS THE EXPECTED HEIGHT OF THESE UNITS? IT LOOKS LIKE IT'S

[04:50:01]

THEY'LL BE, UM, TWO STORY WITH A PEAKED ROOF, AND THERE'LL BE SOME WALKOUT BASEMENT.

JUST WANTED THAT PERSPECTIVE.

I, I WOULD CALL IT A TRADITIONAL TOWNHOME UNIT.

TOWNHOME UNIT.

WALTER, I, MR. SHANNON, I JUST A, A HOUSEKEEPING THING.

HERE IT IS NOW 10 MINUTES OF SEVEN.

THERE IS NO WAY IF WE'RE ASKING QUESTIONS NOW THAT THESE PEOPLE ARE GONNA GET THROUGH THE ENTIRE PRESENTATION.

I REALLY THINK THE ORIGINAL PLAN OF LETTING THEM JUST PRESENT THE ALTERNATIVES TONIGHT AND LET US DO A Q AND A ON DECEMBER 2ND MAKES A LOT MORE SENSE.

WE HAVE 25 MINUTES LEFT.

YEAH, I AGREE.

WELL, I'M LOOKING AT MY WATCH NOW.

SO LET'S GO THROUGH IT AND I'LL STICK TO MY ORIGINAL OPINION.

MR. CHAIRMAN, I, I ONLY HAVE ONLY A FEW MINUTES MORE OF THE PRESENTATION, SO YOU'LL HAVE SOME TIME IF YOU, IF YOU DEEM, UH, IF YOU WANT TO ASK ME QUESTIONS.

NO, NOT A PROBLEM.

I WILL GO TO MY END HERE.

SO, ALRIGHT.

THE COMPANY IS DESIGN.

MAKE SURE WE GET, SO, YEP, YOU GOT IT.

SO WHAT YOU SAW, JUST GOING BACK, THIS WAS OUR PROPOSED, THIS IS OUR PROPOSED PLAN, 175, UNIT 55 AND OVER P DEVELOPMENT.

AND THEN HERE ARE OUR ALTERNATIVES.

SO ALTERNATIVE B, THIS IS THE ZONING COMPLIANT ONE.

FAMILY RESIDENCE DISTRICT SUBDIVISION PLAN WITH NO AGE RESTRICTION AND NO PARK.

SO THIS IS, WE WOULD CALL IT ZONING COMPLIANT OR AS OF RIGHT, UM, THIS IS WHAT WE CAN DEVELOP ON THE SITE UNDER THE CURRENT ZONING.

THIS SHOWS 119 SINGLE FAMILY HOMES WITH, WITH THE R 20.

IN YOUR, UM, DOES MY CURSOR COME UP IN THIS? THERE'S A LITTLE HAND, YES.

THIS SECTION UP HERE IN WHAT IS THE NORTHWEST SECTION OF THE SITE IS THE R 20 AS.

AND THEN THE REMAINING SITE, INCLUDING ON THE, UH, WHERE WE PROPOSE TO HAVE A PARK, ALL, EVERYTHING TOWARDS THE EAST IS A R 30.

SO SOUTH ALONG DOBBS FERRY AND WRAPPING AROUND ALL THE WAY EAST TO THE PARK IS THE, UH, IS THE R 30, WHICH, AS YOU KNOW, IS A MIX BETWEEN 20,000 SQUARE FOOT LOTS IN THE R 20 AND 30,000 SQUARE FOOT LOCK.

IN THE R 30, THERE ARE 29 R 20, AND THERE ARE 90 R THIRTIES.

ALTERNATIVE C IS A ZONING COMPLIANT SINGLE FAMILY RESIDENCE DISTRICT SUBDIVISION PLAN WITH A PUD OVERLAY.

SO IN ESSENCE, WE CALL IT DETACHED CLUSTER HOUSING.

THIS HAS NO AGE RESTRICTION AND IT INCLUDES A PUBLIC PARK.

AND WHEN WE SAY THAT IT IS THE DEDICATION OF THE 14 ACRES TO, UH, TO FOR LAND, YOU KNOW, OF THE LAND, BUT NOT PROGRAMMING OF THE PARK.

OUR ALTERNATIVE D IS A ZONING COMPLIANT SINGLE FAMILY CLUSTER PLAN.

SO BOTH OF THESE PLANS, SO THE REASON WHY I DIDN'T GIVE YOU ANY STATISTICS IS BOTH PLANS HAVE 126 SMALL SINGLE FAMILY UNITS.

UH, THE AVERAGE LOT SIZE HERE IS JUST UNDER 6,000 SQUARE FEET.

SO IT'S 59, 53 ON THE AVERAGE LOT SIZE.

UM, ALTERNATIVE E IS THE REZONE A TO A MULTI MULTIFAMILY PUD WITH NO AGE RESTRICTION AND NO PUBLIC PARK.

THIS IS 175 TOWNHOUSES WITH NO AGE RESTRICTION.

THE LAND DEDICATED AS OPEN SPACE, THE 14 ACRES DEDICATED TO, UH, FOR OPEN SPACE AND, AND DONATED TO THE TOWN.

BUT ONCE AGAIN, NO, UH, NO PROGRAMMING OF THAT PARK OR

[04:55:01]

CONSTRUCTION.

WHEN WE SAY PROGRAMMING, WE MEAN THE CONSTRUCTION OF THE FACILITIES IN THE, IN THE, UH, IN THE PARK BALL FIELDS, UH, FOOTBALL FIELDS, THINGS LIKE THAT.

UM, AND THEN LAST IS THE EXISTING IS A, UM, IS THE EXISTING ZONING COMPLIANT MULTI-FAMILY HUD DEVELOPMENT WITH AN AGE RESTRICTION AND A PUBLIC PARK? SO YOU MIGHT ASK WHAT'S THE DIFFERENCE HERE? THIS HAS 126 TOWNHOMES, UM, WHICH IS THE CALCULATION, UM, IN BOTH OF THESE PLAN, I'M SORRY, IN FOR THE 1 26 IS A CALCULATION USING THE R 20 AND R 30 ZONING BECAUSE AS DAVID, UH, STEINMETZ AND GARRETT POINTED OUT EARLIER, OUR PROPOSAL HAS A REZONING TO ALL R 20 AND THEN THE PUD, WHICH GETS TO THE 175 UNITS.

DAVID, DID I EXPLAIN THAT CORRECTLY? YOU DID.

YOU DID.

OKAY, JUST MAKING SURE.

SO THAT'S, UM, JUST, I'M GONNA GO JUST THROUGH 'EM ONE MORE TIME AND THEN I CAN CONCLUDE.

SO ABOUT OUR ALTERNATIVES.

SO ALTERNATIVE B IS THE ZONING COMPLIANT PLAN OF SINGLE FAMILY HOMES.

ALTERNATIVE C IS A SINGLE FAMILY, SMALL, I'LL CALL THIS A SMALL SINGLE FAMILY OR CLUSTERED HOUSING OF 126 UNITS WITH NO AGE RESTRICTION, SAME PLAN, BUT WITH AN AGE RESTRICTION.

AND THEN WE MOVE ON TO A TOWNHOME PLAN WITH NO AGE RESTRICTION.

THIS IS THE 175.

SO THIS IS IN COMPARISON TO, TO THE PROPOSED PLAN, BUT WITH NO AGE RESTRICTION.

AND THEN LASTLY IS THE, UM, IS THE EXIST IS ALTERNATIVE F, WHICH IS THE 126 TOWN HOMES UTILIZING THE CURRENT CALCULATION OF R 20 AND R 30.

SO JUST WANTED TO, TO SUMMARIZE AND THEN WE CAN GO TO, TO QUESTIONS IF, IF YOU WOULD LIKE WITH THE LAST 20 MINUTES.

UM, WE BELIEVE THE BENEFITS TO THE, TO THE PLAN THAT WE HAVE PROPOSED IS THERE'S LESS TRAFFIC UNDER A 55 AND OVER RESTRICTED COMMUNITY.

WE'RE SHOWING A 200 FOOT BUFFER BETWEEN OUR EXISTING HOMES AND THE DEVELOPMENT.

AND THEN WE HAVE A DIVERSIFICATION OF HOUSING OPTIONS, WHICH I THINK IS, IS AN INTERESTING CONVERSATION, MORE THEORETICAL TO HAVE PROBABLY AT A LATER DATE, WHICH TALKS ABOUT THAT THERE REALLY IS NO ACTIVE ADULT, UM, TOWNHOUSE, YOU KNOW, OR, OR DOWNSIZING AS YOU MAY, AS YOU MAY WANT TO CALL IT, UM, PLAN OR, OR, OR, UH, PROJECTS OR DEVELOPMENTS, UH, AVAILABLE FOR PEOPLE TO MOVE INTO EITHER GREENBERG RESIDENTS OR OTHER RESIDENTS OF, UH, OF WESTCHESTER.

SO THAT'S REALLY A CONCLUSION.

I JUST WANTED TO POINT OUT ONE THING, 'CAUSE I TALKED ABOUT IT A FEW TIMES.

THE 200 FOOT BUFFER IS ON THIS PLAN.

IT IS REALLY THE GREEN GREENWAY THAT YOU SEE ACROSS THE TOP AND ACROSS THE, ACROSS THE, UH, TOP BEING NORTH AND, UH, THE LEFT BEING THE WEST SIDE.

AND YOU'LL SEE IN MORE DETAIL ON THE PLANS THAT YOU WERE SENT, THERE IS A DOTTED LINE THAT SHOWS THAT 200 FEET AS WELL AS HERE IS THE WALKING TRAIL THAT MEANDERS ACRO ACROSS THE NORTH AND PULLS IN FROM THREE, UH, FROM THREE DIFFERENT STREETS.

IT PULLS IN FROM OUR NORTHWESTERN CORNER, OUR FIRST NORTHERN SUBDIVISION AND, UH, CUL-DE-SAC, UH, AS WELL AS THE SECOND CUL-DE-SAC, WHICH IS ON OUR EASTERN, UH, WHICH IS THE EASTERN ONE.

SO THAT'S WHAT I HAVE THIS EVENING.

UM, DAVID DID, I DIDN'T KNOW IF YOU WANTED TO JUST WRAP IT UP FOR, I WANNA THANK JONATHAN, THAT WAS TERRIFIC AND THANK YOU FOR COVERING ALL THAT.

[05:00:01]

THEM INTO THE DOCUMENT.

AND THANK YOU.

SO DAVID, I WAS JUST GONNA PUT THAT UP SO THEY CAN SEE ALL THE DETAILS.

SPEND A MINUTE OR TWO ON THAT.

WE COULD SPEND A LOT OF TIME AND, AND AFTER YOU'VE HAD A CHANCE TO DIGEST WHAT WE SAID TODAY, DECEMBER 2ND IS PROBABLY THE, THE RIGHT TIME TO DIVE INTO A LOT OF THE, THE FACTS AND FIGURES.

BUT JUST DRAWING YOUR ATTENTION AS, AS TO THIS SORT OF, AS WE CALL IT, THE EIGHT PAGE ALTERNATIVE SECTION.

SO THAT IS A PLACE I DRAW YOUR ATTENTION TO OF, YOU KNOW, AT THIS POINT OF THE PROCESS IS A, IS A GOOD PLACE TO, TO BE GOING BACK AND FORTH WHEN YOU'RE LOOKING AT THE DIFFERENT ALTERNATIVES.

I THINK.

MR. CHAIRMAN, THAT CONCLUDES OUR AFFIRMATIVE PRESENTATION FOR TONIGHT.

WE'RE HAPPY TO ENGAGE IN DISCUSSION, ENTERTAIN YOUR QUESTIONS, UM, AND, AND, UH, LOOK FORWARD TO TONIGHT AS WELL AS DECEMBER 2ND.

IT, IT IS CURRENTLY SEVEN O'CLOCK AND, AND, AND, AND RATHER THAN TRYING TO SQUEEZE IN QUESTIONS FOR THE LAST 10 MINUTES, I WOULD, UH, UH, RATHER PRESERVE THOSE 10 MINUTES FOR THE REST OF THE, OF THE, UM, AGENDA SO WE CAN MAKE SURE WE FULLY GET THROUGH IT BECAUSE JUST TO TRY TO SQUEEZE IN 10 MINUTES OF QUE QUESTIONS.

I THINK IT'S, ESPECIALLY NOW THAT WE HAVE THIS INFORMATION AND IT'S GONNA BE A FULL DIS DISCUSSION AT, UH, ON DECEMBER 2ND, SECOND MEETING, THEN I THINK THAT, UH, THAT WOULD BE SUFFICIENT FOR TONIGHT.

I LIKE TO THANK YOU FOR THE PROFESSIONAL, VERY PROFESSIONAL AND IN FORMATIVE PRESENTATION.

UH, WE HAVE A LOT OF INFORMATION THAT WE AS A BOARD CAN TAKE THE TIME TO STUDY AND I'M QUITE SURE, AND OUR DECEMBER MEETING, WE WILL HAVE MANY, MANY QUESTIONS TO ASK REGARDING TO THIS APPLICATION.

SO THANK YOU VERY MUCH FOR THE PRESENTATION, AND STEPHEN, THANK YOU FOR HAVING US AND IF THERE'S ANYTHING IN PARTICULAR THAT COMES UP OVER THE NEXT FEW WEEKS, PLEASE, YOU KNOW, SO THAT WE CAN BE PREPARED, WE'LL CHECK IN WITH, WITH AARON AND GARY, BUT WE'LL BE PREPARED TO ANSWER QUESTIONS, UH, AT DECEMBER 2ND.

SO THANK YOU VERY MUCH.

I WONDER, I, WALTER, IS THERE ANY, UH, RENDERING, IS THERE ANY RENDERING THAT THE APPLICANT HAS SO THEY CAN BRING IT TO THE NEXT MEETING? YES.

DAVID, JONATHAN, RIGHT.

A RENDERING OF A TYPICAL UNIT OR WHAT A TYPICAL UNIT.

WE, WE, I, WE'VE EVEN, WE HAVE THOSE PREPARED AND I THINK IT WAS EVEN SUBMITTED, BUT WE'LL HAVE THOSE, UH, WE CAN HAVE THAT FOR THE SCREEN, BUT I THINK IT'S IN, IT'S IN THE D IT IS IN THE D I S, BUT WE'LL HAVE THAT AS A SEPARATE RENDERING.

WE PREPARED THOSE, THERE'S PHOTO SIMULATIONS CORRECT FROM ADVANTAGE POINTS.

SO, UM, WE'LL WE, WE CAN, UM, DRAW YOUR ATTENTION TO THAT VIA EMAIL SO YOU KNOW EXACTLY WHICH SECTION TO FIND THOSE IF YOU WANT, IF THAT'S YOUR INTEREST AT THE MOMENT.

F E I S AND, UM, WE'RE, WE'RE EXTREMELY PLEASED THAT WE'RE HERE IN ADVANCE OF THE FORMAL D E I S PUBLIC HEARING.

ONE PROCEDURAL QUESTION BETWEEN NOW AND THE DECEMBER 2ND, UM, AND YOU NEED NOT ANSWER THIS TONIGHT IF, IF GARRETT, AARON, AND DAVID COULD JUST THINK THROUGH WHAT THEY WANT US TO RESPOND TO AT THE DECEMBER 2ND MEETING JUXTAPOSED VERSUS WHAT THEY WANT TO MAKE SURE IS RESPONDED TO IN WRITING IN THE

[05:05:01]

DO NOT GET ME WRONG, WE'RE, WE WE'RE, THAT HEARING IS NOT UNTIL JANUARY 27TH, AND WE'RE GONNA MAKE VERY PRODUCTIVE USE OF THE, THE INTERIM BY WORKING WITH YOUR BOARD AND WE'VE ALREADY MET WITH SOME OTHERS.

UH, BUT JUST SO THAT WE DON'T CREATE A MISSTEP HERE WHERE OBLIGATED AS A MATTER OF SECRET REGULATION TO RESPONDENT WRITING, AND GARRETT, YOU AND I SHOULD HAVE A DISCUSSION ABOUT THAT BETWEEN NOW AND THE SECOND.

WELL, AND TO FOLLOW UP ON THAT, IF, UH, ANY OF THE BOARD MEMBERS HAVE QUESTIONS, UH, YOU DO NOT HAVE TO WAIT TILL OUR DECEMBER MEETING, YOU KNOW, SHOOT THEM OFF TO GARRETT SO HE COULD MAKE THE APPLICANT, UH, UH, UH, PREPARED.

SO WHEN, UH, THAT WILL MAKE THAT MEETING ON THE SUMMER THAT MUCH MORE EFFECTIVE IF WE HAVE QUESTIONS THAT WE COULD RELAY TO THE APPLICANT THE DEFENSE.

SO I ENCOURAGED, UH, PLANNING BOARD MEMBERS TO, UH, TAKE ADVANTAGE OF THAT OPPORTUNITY AND FORWARD ANY QUESTIONS THAT YOU MIGHT HAVE TO GAR, UH, PRIOR TO THE MEETING.

GREAT SAID.

I THANK YOU AGAIN FOR THE PRESENTATION.

AND AARON, THANK YOU FOR THE COORDINATION.

VERY AWESOME.

ENJOY THANKSGIVING EVERYONE.

YOU TOO.

HAVE A GOOD NIGHT.

YOU TOO.

UH, MR. CHAIR, UM, BEFORE WE GO, THERE WAS ONE ITEM IN CORRESPONDENCE THAT WAS AN EXTENSION.

WE THOUGHT MAYBE THIS WOULD BE A GOOD TIME TO DO THAT.

BEFORE WE GET INTO THE NEXT TWO ITEMS. YEAH.

THANK YOU, DAVID.

I SECOND I THINK MICHAEL.

AND, AND, UH, I, I SAW THAT AND I HAD SOME QUESTIONS, BUT AARON, YOU, YOU, I HAD WANTED SOME MORE BACKGROUND ON THIS AND, UH, UH, UH, AND I SPOKE TO AARON.

HE SAID HE COULD PROVIDE THAT BACKGROUND, SO WAS NOT REQUIRED THE APPLICANT TO COME BACK BECAUSE THAT WAS MY INITIAL, UH, RESPONSE THAT WE DIDN'T HAVE ENOUGH, UH, BACKGROUND.

SO IF YOU CAN, UH, AARON FILL US IN ON THE BACKGROUND OF THIS EXTENSION REQUEST, HAPPY TO DO SO.

SO THIS RELATES TO CASE NUMBER PB 17 DASH 14.

UH, IT WAS A VACANT LOT ALONG SOUTH KEELEY AVENUE WHEREBY THE PLANNING BOARD ISSUED A STEEP SLOPE PERMIT, UH, IN CONNECTION WITH THE PROPOSED CONSTRUCTION OF A SINGLE FAMILY HOME ON THE LOT.

UH, THAT APPROVAL WAS GRANTED ON DECEMBER 6TH, 2018.

UH, IT'S CURRENT SET TO EXPIRE ON DECEMBER 6TH, 2020.

THEY HAVE BEEN NOTIFIED OF THAT.

UM, THEIR INITIAL PROPOSAL WAS TO VARY FROM THE APPROVED LIMITS OF DISTURBANCE.

AND TOWN STAFF WAS ABLE TO INDICATE TO THEM THAT, YOU KNOW, IF THEY WERE TO VARY, THAT THEY WOULD HAVE TO COME BACK FOR AN AMENDED APPROVAL THROUGH THE PLANNING BOARD.

UM, SO THEY'RE MULLING IT OVER AND IN THE PROCESS OF MULLING IT OVER, THEY REALIZED THAT THE ORIGINAL PERMIT WAS UP, UM, FOR EXPIRATION.

AND THEREFORE THEY'RE SEEKING, UM, THE EXTENSION AT THIS TIME WHILE THEY MAKE A DECISION AS TO WHETHER OR NOT THEY'LL MOVE FORWARD WITH WHAT WAS ALREADY APPROVED BY THE PLANNING BOARD OR COME BACK TO THE BOARD FOR AN AMENDED APPROVAL.

SO THE APPLICANT COMPLETELY UNDERSTANDS THAT, UM, THEY ARE, YOU KNOW, THEY'RE CERTAINLY CONTEMPLATING DEVELOPMENT OF THE PROPERTY WITH ONE SINGLE FAMILY RESIDENCE AS WAS APPROVED.

AND AS OF TODAY, THERE'S BEEN NO SITE DISTURBANCE.

SO THEY EXPLAINED THAT THEY OUTLINED A FEW THINGS WITHIN THEIR BULLETED LETTER.

THIS WOULD BE THE FIRST EXTENSION REQUEST.

UM, AND I HAD FELT, AND STAFF HAD FELT THAT, UM, YOU KNOW, IT WAS DETAILED ENOUGH, ALTHOUGH I KNOW THAT CHAIRPERSON SIMON WANTED ME TO DIVE INTO IT A LITTLE BIT WITH YOU THIS EVENING.

IF YOU HAVE ANY QUESTIONS, I'M HAPPY TO ANSWER.

ARE THERE ANY QUESTIONS FROM THE BOARD MEMBERS REGARDING A TWO YEAR EXTENSION FOR ON THIS, UH, UH, UH, A PERMIT, UH, STEEP SLOPE PERMIT EXTENSION? IF NOT, I'LL ENTERTAIN A, A MOTION TO, UH, GRANT, AN EXTENSION OF THIS STEEP SLOPE, UH, PERMIT OF THE STEEP SLOPE PERMIT.

DO I HAVE A SECOND? DO YOU HAVE A SECOND?

[05:10:01]

ALL IN FAVOR? YEAH.

WAIT, WAIT, HOW LONG IS THE EXTENSION? IT'S TWO YEAR.

IT'S A TWO YEAR EXTENSION, MICHAEL.

IT'S UP TO TWO YEARS.

THEY'VE SOUGHT A TWO YEAR.

DID MICHAEL MAKE THE MOTION? YES, MICHAEL MADE THE MOTION AND I SECONDED IT.

I, I, ALL THOSE IN FAVOR OF THE TWO YEAR EXTENSION, PLEASE INDICATE.

OPPOSED? UH, EXTENSION, I MEAN, ABSTENTION BEING NONE.

I, UH, MOTION IS CARRIED, UH, FOR A TWO YEAR EXTENSION ON, UM, THE APPLICATION PP 1714.

OKAY, NOW LET'S MOVE.

OKAY, NOW, UH, LET'S MOVE INTO THE, UH, THE NEXT APPLICATION, WHICH WAS, UH, UM, WHICH WAS, UH, UH, P UH, TB 2 0 0 9, UH, WHICH, UH, A PLANNING BOARD, UH, PB 2018, WHICH IS A REFERRAL FROM, UH, THE TOWN BOARD, UM, FOR THIS IS FOR STEEP SLOPE, UH, AND WETLANDS.

UH, UH, THE TOWN BOARD MADE A DECISION ON, UH, MAKES THE DECISION ON THE, ON THE SPECIAL PERMIT, BUT WE MAKE THE, UH, WE HAVE TO MAKE A RECOMMENDATION ON STEEP SLOPE AND THE WETLANDS AND THE TYPICAL SITE CHAIR, CHAIR CHAIRPERSON TIME.

WHAT? NO CHAIRPERSON TIME.

LET ME JUMP IN JUST FOR A MOMENT.

SO, UM, JUST TO CLARIFY, SO THE TOWN BOARD DOES HOLD SPECIAL PERMIT AND AMENDED SITE PLAN APPROVALS.

THEY DID REFER AS REQUIRED UNDER THE CODE.

THEY REFERRED THE AMENDED SITE PLAN APPLICATIONS OF THE PLANNING BOARD, WHICH YOU'VE DISCUSSED, UM, UH, ONCE BE, UH, TWICE BEFORE.

AND, UM, ADDITIONALLY, THE PLANNING BOARD HAS APPROVALS ON A STEEP SLOPE PERMIT AND A WETLAND WATER COURSE PERMIT.

SO I JUST WANTED TO CLARIFY THAT FOR THE BOARD, FOR THE APPLICANT, AND FOR ANYONE FROM THE PUBLIC.

AND, AND WE, AND WE REALIZED, UH, THAT, UH, AT THE TIME WE PREPARED THEM, UH, YOU KNOW, THAT WAS BASED ON THE MEETING, UH, THE, THE PRIOR MEETINGS WE HAD.

WE UNDERSTAND THAT THERE HAVE BEEN, THERE'S BEEN ADDITIONAL CORRESPONDENCE THAT HAS, UH, COME, UH, WITHIN THE LAST WEEK, ACTUALLY WITHIN THE LAST HOURS ALSO.

THE QUESTION THERE, THERE WILL BE QUESTIONS, UH, THAT WILL STRICTLY BE FOCUSED TOWARDS, UM, UH, UH, OUR RECOMMENDATION ON THE, ON THE SITE PLAN, ON THE WETLANDS ON WATER COSTS, BUT THEY ALSO BE QUESTIONS THAT WILL HELP US TO MAKE A RECOMMENDATION ON THE CODE ITSELF.

THERE'S BEEN THE SEVERAL, UH, UH, DISCUSSIONS THAT WE, AND CORRESPONDENCE THAT WE RECEIVED AND, AND SPEAKING AT OUR, UM, UH, UH, PRE PLAN, UH, PRE-PLANNING BOARD MEETINGS WITH STAFF, UH, UH, UH, I'M RECOMMENDING THAT, UH, WE MAKE ONE, UH, RECOMMENDATION, UH, TO THE POUND BOARD THAT WILL HAVE TWO SECTIONS IN THAT RECOMMENDATION.

THE FIRST SECTION WILL BE, YOU KNOW, THE STANDARD THINGS THAT WE COVER IN ANY RECOMMENDATION.

WE LOOKING AT THE STEEP SLOPE AND THE, UH, UH, THE WETLANDS AND ALL THE OTHER ISSUES THAT WE WOULD, UH, UH, UH, TALK ABOUT IN THE .

AND THEN THE SECOND PART OF THE SAME RECOMMENDATION BACK TO THE TOWN BOARD, WE WILL HAVE A DISCUSSION ON, UH, THE CURRENT CODE AND, UH, AND HOW AND APPLICABILITY OF THE APPLICATION THAT THE, THAT WE ARE DISCUSSING.

SO IN THE DISCUSSION IN

[05:15:01]

SO EVEN THOUGH IT'S NOT DIRECTLY APPLICABLE TO THE APPLICATION, IT'S INFORMATION THAT WE COULD USE WILL BE ABLE TO USE IN DEVELOPING THE SECOND PART OF THE, THE, UM, OUR RECOMMENDATION.

SO, SO BEAR WITH US THAT SOME OF THE QUESTIONS YOU MIGHT SAY, WELL, THAT DOESN'T DIRECTLY RELATE TO, UH, UH, YOUR APPLICATION, WHICH MIGHT BE TRUE, BUT HAVE MUST, BUT IT MIGHT HAVE A LOT OF APPLICATION TO OUR, OUR, UH, RECOMMENDATION ON THE CODE.

SO WITH THAT SAID, UH, UH, YOU, UH, I HAVE THE APPLICATION, THE APPLICANT PRESTIGE.

THANK YOU, UH, MR. CHAIRMAN, MEMBERS OF THE BOARD, TOWN COUNCIL AND STAFF.

UH, THANK YOU FOR THAT.

MY NAME IS LENO SHERETTA, PARTNER WITH MONTE BONO CON AND FRANK ON BEHALF OF THE APPLICANT, UH, EAGLE ENERGY STORAGE.

UH, AGAIN, JUST TO THANK YOU ALL TONIGHT FOR HAVING US.

I KNOW WE HAD A MEETING, UH, A COUPLE WEEKS AGO BEFORE YOUR BOARD, UH, WHICH WE THOUGHT WAS VERY PRODUCTIVE, AND I KNOW, UM, YOU HAD A LOT OF GOOD QUESTIONS, AND I'D LIKE TO THINK THAT WE ANSWERED, UH, MOST OF THEM, UH, TONIGHT.

JUST BY WAY OF INTRODUCTION, WE HAVE ON OUR, OUR TEAM TONIGHT, WE HAVE FROM STRATUS SOLAR, WE HAD JAMES ROBINSON.

UH, WE ALSO HAVE ON THE LINE, WE HAVE FARINO AND ASSOCIATES.

WE HAVE JERRY POST AND VINCE FARINO FROM THAT FIRM, UH, FROM INSIGHT NORTHEAST ENGINEERING, WE HAVE JOHN ROMEO.

AND LASTLY, WE HAVE PAUL ROGERS AND GEORGE HOWE FROM ENERGY STORAGE RESPONSE GROUP, UH, MR. CHAIRMAN AND MEMBERS OF THE BOARD.

UH, JUST A QUICK RECAP.

UH, I KNOW YOU'RE ALL FAMILIAR WITH THIS PROJECT.

WE PRESENTED IT A COUPLE OF TIMES.

UH, WE WERE LAST HERE A COUPLE OF WEEKS AGO, AND, AND SINCE WE WERE HERE, WE DID MEET WITH THE C A C, AND I KNOW THERE'S BEEN SOME CORRESPONDENCE WITH RESPECT TO THAT.

UH, AGAIN, WITHOUT FURTHER ADO, WHAT I'D LIKE TO PRESENT NOW, MR. CHAIRMAN AND MEMBERS OF THE BOARD, WE ALSO SUBMITTED A LETTER THIS, THIS EVENING IN RESPONSE PRIMARILY TO SOME OF YOUR CONCERNS AT THE LAST MEETING AND ALSO TO THE C A C.

SO, AGAIN, WITHOUT FURTHER ADO, AND I THANK YOU FOR YOUR TIME IN ADVANCE, I'D LIKE TO INTRODUCE YOU NOW, MR. CHAIRMAN, MEMBERS OF THE BOARD TO, UH, JOHN ROMEO FROM INSIGHT NORTHEAST ENGINEERING.

THANK YOU LENO.

THANK YOU MEMBERS OF THE BOARD.

THANK YOU, MR. CHAIRMAN.

UH, DURING OUR, UH, MEETINGS WITH THE C A C AND WE RECEIVED A COUPLE PIECES OF CORRESPONDENCE BOTH BEFORE AND AFTER OUR MEETING.

UH, THERE WERE SEVERAL, UH, CONCERNS BROUGHT UP WITH REGARDS TO SAFETY, AND WE TRIED TO DO OUR BEST TO ANSWER THOSE.

AS LENO MENTIONED, ONE OF THE ITEMS THAT CAME UP, UH, WAS THE LETTER OF SUPPORT FROM THE VILLAGE FIRE CHIEF.

WE DO HAVE THAT IN HAND AS OF TODAY, AND ALL OF YOU SHOULD HAVE BEEN PROVIDED THAT.

AND IN THE EVENT THAT AN EXTERNAL FLOOD HAPPENS OUTSIDE

[05:20:01]

OF A FIREFIGHTING EVENT, THE SYSTEM ITSELF WOULD SHORT OUT, UH, AND AS IT'S DESIGNED TO IT, IT WOULD FAULT.

UH, SO THERE, THERE'S NO PROBLEMS ASSOCIATED WITH THAT.

SAME THING GOES WITH HOT TEMPERATURES.

UH, THE BATTERIES ARE DESIGNED TO WORK, UH, IN TEMPERATURES UP TO 122 DEGREES FAHRENHEIT.

I KNOW GLOBAL WARMING IS A CONCERN.

THESE BATTERIES ARE ACTUALLY IN PLACE TO, TO, TO TRY TO FIGHT AGAINST GLOBAL WARMING IN THAT, IN THAT FIGHT.

SO THEY'RE, THEY'RE FULLY OPERATIONAL UP TO 122 DEGREES BEYOND THAT, THEY WOULD START TO SELF-REGULATE AND SHUT THEMSELVES DOWN.

ALRIGHT, UH, THERE WAS SEVERAL QUESTIONS THAT THAT CAME UP WITH REGARDS TO JUST SAFETY OF THE SYSTEM AND THE LINES ITSELF.

YOU CAN OBVIOUSLY READ MY DETAILED, UH, QUESTIONS, UH, IN OUR AND AND RESPONSES, BUT LONG STORY SHORT, THE SYSTEM'S ABLE TO BE SHUT OFF REMOTELY OR IN PERSON AT THE SWITCHGEAR.

UM, AND IT COULD BE SHUT OFF AT, AT BOTH ENDS.

UH, THE SHUTOFF WOULD BE IMMEDIATE, UH, YOU KNOW, OR VERY SHORTLY THEREAFTERWARDS WITH THAT SYSTEM TO DISENGAGE.

SAME THING HAPPENS IF, IF THERE WAS AN EMERGENCY.

SO IF, UH, FOR SOME REASON THE LINES CAME DOWN, UH, OR THERE WAS SOME SORT OF EMERGENCY, UH, STRATA SOLAR HAS COMMITTED TO HAVING SOMEBODY ON THE PHONE AVAILABLE WITHIN 15 MINUTES OR LESS OF SAID INCIDENT BEING REPORTED OR PICKED UP FROM THEIR SYSTEM.

NOW, WE DO ANTICIPATE THAT THE LOCAL, UH, EMERGENCY RESPONSE WOULD BE THE FIRST PEOPLE ON SITE BEING THAT THEY'RE IMMEDIATELY, UH, ADJACENT TO THE, THE SITE.

AND FROM THERE STRATA, UH, WHOEVER'S OPERATING THE SYSTEM AT THE TIME, DEPENDING ON THE TIME OF DAY, WOULD HAVE A NUMBER OF RESPONSES, UH, TO GET PEOPLE OUT THERE, DEPENDING ON WHETHER OR NOT IT'S A FAULT OR DOWN LINE, SIMILAR TO ANY OTHER TYPE OF UTILITY HAVING AN ISSUE, WHETHER IT'S A WATER MAIN BREAK OR JUST A A, A BRANCH COMING DOWN ON A, ON A LINE.

AS WE'VE TALKED ABOUT WITH THIS, UH, WE'RE, WE'RE REALLY TRYING TO KEEP THESE LINES, UM, AWAY FROM ANY EXISTING OVERHEAD, UH, BRANCHES.

UM, SO THE ROOTS THAT WE'VE, UH, SELECTED ARE GENERALLY GOOD IN, IN THAT OPTION.

AND THE SAME THING WITH THE, THE SITE ITSELF.

STRATA HAS COMMITTED.

UH, AGAIN, WITH CONVERSATIONS THAT WE'VE HAD IN PERSON ON THE SITE WITH THE VILLAGE FIRE DEPARTMENT TO PROVIDING INFORMATION AND DIRECT TRAINING FOR THIS FACILITY, WE DON'T ANTICIPATE THAT THERE'S GONNA BE ANY, UH, SORT OF EXTRAORDINARY MEANS AND METHODS THAT THEY'RE GONNA NEED TO USE, BUT WE CERTAINLY WANNA MAKE SURE THAT EVERYBODY IS TRAINED TO SAFELY FIGHT ANY SORT OF EMERGENCY THAT MAY CAME UP IN THE UNLIKELY EVENT.

ALRIGHT, WITH REGARDS TO ANY OF THE ABOVE AND BELOW GROUND LINES, AS I MENTIONED, UH, YOU KNOW, WE, WE'VE TRIED TO ADDRESS ALL OF, UH, THOSE CONCERNS.

THE OTHER CONCERN THAT GOT BROUGHT UP, UH, WAS THE INTERFERENCE WITH ANY OTHER UTILITIES.

NOW WE ARE REGULATED BY, UH, N N E C, UM, SO THERE CANNOT BE ANY SORT OF ELECTRICAL INTERFERENCE, UH, YOU KNOW, OR ELECTROMAGNETIC INTERFERENCE WITH ANY OTHER SORT OF UTILITY THAT WOULD BE THERE, WHETHER OR NOT IT'S COMMUNICATIONS LINES OR OTHER ELECTRICAL LINES THAT SIMPLY CANNOT HAPPEN AS PART OF THIS PROJECT.

UM, THE OTHER ITEM, WHICH WAS ALSO BROUGHT UP BY THE BOARD, WAS THE NOISE.

AND I KNOW THAT STRATA SOLAR IS WORKING, AND, UH, IF THEY HAVE NOT ALREADY SUBMITTED SOME INFORMATION WITH THAT, THEY WILL BE DOING THAT WITHIN THE NEXT DAY.

UH, REGARDING NOISE LEVELS, UH, FOR ADJACENT FACILITIES OR NEARBY FACILITIES, THAT WOULD BE COMPARABLE TO THE, THE NOISE OUTPUT.

NEED FOR BATTERY ENERGY STORAGE SYSTEM TO HANDLE THE INCREASED, UH, LOAD FROM WIND AND SOLAR, IT, UH, IS ONLY GONNA INCREASE EXPONENTIALLY.

UM, THERE WAS A NUMBER OF QUESTIONS BROUGHT UP WITH REGARDS TO THE CORPORATE STRUCTURE OF STRATA.

I'M GONNA JUST GLOSS OVER THAT QUICKLY AND CERTAINLY WE CAN TALK ABOUT THAT LATER IF WE WOULD LIKE.

UM, I KNOW THAT THAT'S SOMETHING WE'VE TALKED ABOUT WITH ALL OF YOU.

JUST TO PUT IT IN PERSPECTIVE, YOU KNOW, STRATAS SOLAR HAS, UH, YOU KNOW, OVER 2000 MEGAWATTS OF CAPACITY, WHICH THEY, THEY OWN 800 MEGAWATTS WITH.

THEY'VE DEVELOPED OVER 2000 MEGAWATTS AND THEY'RE MAINTAINING ROUGHLY 3,500 MEGAWATTS OF ENERGY ASSETS.

THEY HAVE SOMEBODY ON STAFF, UH, UH, THE WHOLE DEPARTMENT THAT'S STAFFED 24 7 TO BE ABLE TO HANDLE ALL OF THESE EMERGENCY RESPONSES.

AND REGARDLESS OF THE CORPORATE STRUCTURE, STRATA AND EAGLE ENERGY ARE VERY WELL EQUIPPED TO, TO MANAGE THIS PROJECT AS THEY'VE DONE THIS MANY TIMES IN THE PAST.

IN ADDITION TO THIS, TESLA HAS OVER 1000 MEGAWATTS OF BATTERY ENERGY STORAGE.

WITH THESE SYSTEMS CURRENTLY IN PLACE OPERATIONAL, THAT NUMBER IS ONLY GOING TO DRASTICALLY INCREASE WITHIN THE COMING YEARS AS, UH, WE'VE PREVIOUSLY NOTED THIS TECHNOLOGY, WHILE NOT NECESSARILY NEW, HAS RECENTLY BECOME VERY COST EFFECTIVE.

SO THAT NUMBER, AND WITH THE

[05:25:01]

UM, WITH REGARDS TO MAINTENANCE, STRATA HAS AGAIN STATED THAT THEY WILL BE HANDLING ALL OF THE, THE MAINTENANCE FOR THIS.

UM, AND, UH, WHETHER OR NOT DIRECTLY OR INDIRECTLY THROUGH A THIRD PARTY THAT THEY HIRED, THEY'VE COMMITTED TO DOING THAT.

SAME THING GOES WITH DECOMMISSIONING.

THEY HAVE, UH, BASICALLY COMMITTED TO PROVIDING A DECOMMISSIONING BOND TO HANDLE THE PROJECT.

IF FOR SOME REASON THEY ARE, UH, YOU KNOW, AT THE END OF THEIR LIFESPAN 40 YEARS FROM NOW, THEY'VE COMMITTED TO, TO DOING THIS.

UM, AND THE PROJECT ITSELF IS, UH, BASICALLY, YOU KNOW, PERMITTED FOR UP TO, OR LEAST RATHER FOR UP TO 40 YEARS.

THERE'S TWO FIVE-YEAR EXTENSIONS WITH THAT.

SEVERAL OTHER ENVIRONMENTAL CONCERNS, UH, WERE ALSO BROUGHT UP, WERE ALSO BROUGHT UP.

UM, YOU KNOW, SOME OF THAT WAS, UH, ADDRESSED BY US, UH, DURING THE C A C MEETING.

UH, THE FULL ENVIRONMENTAL ASSESSMENT FORM THE F E A F, THE BATTERIES WILL OPERATE INTERMITTENTLY AS THERE WAS SOME CONFUSION WHETHER OR NOT THE FACILITY WOULD BE OPERATING ALL THE TIME.

IT, IT IS OBVIOUSLY GOING TO OPERATE 24 7, BUT IT'S, IT'S INTERMITTENTLY, UH, THERE WILL NOT BE STAFF THERE, UH, 24 7.

THERE WON'T, THERE WILL BE NO STAFF THERE FOR MOST OF THE TIME OUTSIDE OF CONSTRUCTION.

WHERE THAT CONFUSION CAME FROM WAS WITH REGARDS TO CONSTRUCTION.

UH, CONSTRUCTION OPERATION WILL HAPPEN DURING NORMAL BUSINESS HOURS.

WE'RE NOT LOOKING TO TRY TO CONSTRUCT ON SUNDAYS OR IN THE MIDDLE OF THE NIGHT.

SO, UH, THE F E E F FORM CLARIFIES THAT WE TRY TO CLARIFY THAT FURTHER WITH THAT STATEMENT.

UM, SAME THING WITH THE FLOODPLAIN.

THE PROJECT ITSELF, UH, THE UNDERLYING GROUND WHEN LOOKING AT IT WITHOUT TOPOGRAPHY, TECHNICALLY FALLS WITHIN THE FLOODPLAIN AND FLOODWAY OF THE NEARBY PROPERTY.

HOWEVER, WE ARE RAISING THE SITE BY A COUPLE FEET, AND THEREFORE THE PROJECT ITSELF AND ALL THE EQUIPMENT ON IT IS OUTSIDE OF THE FLOODWAY AND FLOODPLAIN AREA.

BY DEFINITION, WE'RE ABOVE THE FLOODPLAIN AND NO ELECTRICAL EQUIPMENT WILL BE LESS THAN THREE FEET ABOVE THE FLOODPLAIN ELEVATION.

TO BE THE FIRST ONES ON SITE AS WITH ANY OTHER UTILITY.

LASTLY, THERE WAS TWO ITEMS, UH, THAT WERE BROUGHT UP BY THE C A C AT THE, THE TIME WE, WE WROTE THIS LETTER THAT WE WEREN'T ABLE TO, TO DISCUSS AT THE MEETING.

THEY, THEY GOT BROUGHT UP AFTER OUR, UH, MEETING, UH, VIA EMAIL ON THE 13TH.

ALL RIGHT.

UM, THE C A C HAS CONCERNS ABOUT THE POTENTIAL OF CHEMICALS LEAKING TO GROUNDWATER AND PROTECTED WETLANDS.

IT'S A VERY GOOD QUESTION.

UH, WE TRIED TO DO OUR BEST TO, TO ANSWER IT IN THIS DOCUMENT.

THEREFORE, THE BATTERIES CANNOT LEAK INTO THE GROUND OR INTO THE WETLAND AREA SIMPLY BECAUSE THERE IS NO LIQUID TO LEAK IN THERE.

UH, THE ONLY ITEM THAT WE HAVE THAT IS A LIQUID AS PART OF THE SYSTEM WOULD BE ETHYLENE GLYCOL AND WATER.

IT'S A MIXTURE THAT IS FOUND IN EVERY TYPE OF, UH, AUTOMOTIVE, UH, YOU KNOW, COMBUSTION ENGINE, UH, CAR THAT'S ON THE MARKET.

UH, SO IT'S, IT'S FAIRLY UBIQUITOUS.

AND I, I QUOTED, UH, DIRECTLY FROM THE C D C FOR, UH, YOU KNOW, TOXIC SUBSTANCES.

BASICALLY THAT ETHYLENE GLYCOL HAS SUCH A FAST HALF-LIFE THAT THERE IS NO LASTING EFFECTS IN THE GROUND.

IT IS FULLY BIODEGRADABLE AND IT WOULD BIODEGRADE EXTREMELY QUICKLY.

UH, SO C D C HAS BASICALLY SAID THAT THERE IS NO REAL, IT'S INSIGNIFICANT FOR THERE TO BE BIO CONCENTRATION OR BIOACCUMULATION OF THAT MATERIAL.

THEREFORE, WE'VE CONCLUDED THAT THERE IS BECAUSE THERE IS NO LIQUID ELECTROLYTE AND BECAUSE, UH, YOU KNOW, ETHYLENE GLYCOL IS USED IN A SMALL QUANTITY, BUT IT, IT HAS SUCH A FAST HALF LIGHT, UH, THERE IS NO DIRECT IMPACT TO THE ENVIRONMENT AS PART OF THIS PROJECT.

AGAIN, I WILL REFER BACK TO MY COMMENT ABOUT THE SAFETY.

UH, THIS FACILITY WILL BE MONITORED FROM MULTIPLE PARTIES, BOTH BY TESLA AND BY STRATA 24 7.

THERE ARE MULTIPLE SAFEGUARDS IN PLACE.

STRATA WILL HAVE SOMEBODY AVAILABLE VIA PHONE WITHIN 15 MINUTES.

THEY WILL ASSESS THE SITUATION.

EMERGENCY SERVICES WILL BE CALLED IMMEDIATELY.

UH, EMERGENCY SERVICES IS ANTICIPATED

[05:30:01]

AND FROM THERE, STRATA WILL HAVE SOMEONE ON SITE WITHIN A REASONABLE AMOUNT OF TIME COMPARATIVE TO ANY OTHER UTILITY.

OBVIOUSLY, THAT RESPONSE TIME WOULD DEPEND ON WHETHER OR NOT THIS HAPPENED AT TWO IN THE MORNING DURING A SNOWSTORM, OR IF IT WAS TWO IN THE AFTERNOON IN A BRIGHT AND SUNNY DAY.

UH, THANK YOU VERY MUCH FOR THE OPPORTUNITY TO GO THROUGH THESE.

YEAH, I, I, I WOULD LIKE TO START OFF WITH SOME QUESTIONS.

UM, UH, UH, THE, THE FIRST ONE IS, UM, WHAT IS THE PERCENTAGE, IF ANY, OF CLEAN ENERGY THAT YOU INDEPENDENTLY PURCHASE AND ADD TO THE CON EDISON GRID? OR IS THE, WHAT YOU'RE GETTING IS THE RATIO THAT CON EDISON PROVIDES? OKAY, SO THERE'S TWO COMPONENTS TO THIS, AND I'M GONNA LET, UH, JAMES ROBINSON ANSWER THIS DIRECTLY.

UH, BUT THERE'S TWO COMPONENTS TO THIS THAT I'LL LET HIM GO THROUGH.

SO THANK YOU FOR THE QUESTION.

AS YOU PROBABLY KNOW, THE BATTERY STORAGE SYSTEM DOESN'T CREATE ELECTRICITY.

IT ONLY STORES THE ELECTRICITY.

SO THE, THE QUESTION IS, IS THE WAY IN WHICH IT'S BEING USED BENEFICIAL TO THE ENVIRONMENT OR NOT? UM, THE STATE OF NEW YORK, AS WELL AS NEW YORK ISO, WHICH IS THE GRID OPERATOR, UH, IN NEW YORK, HAVE BOTH DONE A LOT OF RESEARCH INTO THIS QUESTION.

UM, AND SO THEY, THEY HAVE, UH, HAVE SOME ANSWERS ON THAT.

UM, SO THE, THE STATE OF THE ELECTRICITY GRID IN NEW YORK STATE IS SUCH THAT THE UPSTATE AREAS HAVE A VERY CLEAN GRID, ROUGHLY 86%, UH, NON-CARBON GENERATING ELECTRICITY, WHEREAS THE DOWNSTATE AREAS HAVE A MUCH DIRTIER GRID, UH, ROUGHLY 23% ZERO EMISSION OR CARBON FREE ELECTRICITY.

UM, AND SO THERE IS A BOTTLENECK IN GETTING THE CLEAN ELECTRICITY FROM THE UPSTATE AREAS WHERE THERE'S PLENTY OF ROOM TO BUILD, BUILD SOLAR FARMS AND WIND FARMS TO THE DOWNSTATE AREAS, UH, WESTCHESTER, NEW YORK CITY, WHERE THE BULK OF THE ENERGY CONSUMPTION, UH, TAKES PLACE.

AND SO ENERGY STORAGE SYSTEMS LIKE OURS HELP TO ALLEVIATE THAT BOTTLENECK AND GET CLEAN ELECTRICITY FROM THE UPSTATE AREAS DOWN INTO THE, UH, INTO THE AREAS WHERE THE ELECTRICITY IS NEEDED.

UM, I, I AM LOOKING AT A NEW YORK ISO, AGAIN, THE, THE GRID OPERATOR REPORT FROM A, A YEAR OR TWO AGO.

UH, AND IT STATES THAT ENERGY STORAGE RESOURCES COULD ENABLE FURTHER PENETRATION OF RENEWABLE RESOURCES BY STORING RENEWABLE ENERGY FOR DELIVERY WHEN THE TRANSMISSION SYSTEM IS NOT CONSTRAINED.

UH, AND, AND THAT, SO THE ENERGY ARBITRAGE, UM, PIECE OF OUR BUSINESS MODEL, UM, SHOULD BE CARBON, UH, SHOULD HELP THE, I'M SORRY TO INTERRUPT YOU.

YEAH, I'M SORRY TO INTERRUPT YOU.

I KNOW THAT MY QUESTION IS YES, THAT THE CAR MEDICINE COULD TRANSFER ENERGY FROM UPSTATE AND OFF PEAK HOURS, AND YOU CAN STORE THAT.

I UNDERSTAND THAT.

MY QUESTION IS, HOWEVER, UH, YOU, UH, CONSUMERS HAVE THE ABILITY TO BUY, UH, UM, UH, UH, ULTIMATE, UH, ENVIRONMENTALLY GENERATED, UH, UH, ELECTRICITY AND HAVE THAT TRANSFERRED TO CON EDISON, AND YOU KNOW, I COULD DO THAT AS INDIVIDUAL, I COULD DO THAT.

THAT COST OF THE CLEAN ENERGY IS A BIT HIGHER THAN, THAN CON EDISON COURT ON AVERAGE.

SO MY QUESTION TO YOU, ARE YOU DOING ANY OF THAT OR IS THAT YOU, ACCORDING TO YOUR BUSINESS MODEL, THAT PRACTICE IS COST PROHIBITED.

THAT'S MY QUESTION.

ARE YOU DOING ANY OF THAT? BASICALLY MY, YEAH.

SO THE SHORT ANSWER IS BUYING, UH, GO AHEAD.

ENERGY TO A LOCAL, UM, WESTCHESTER RESIDENT.

UM, SO IF YOU THINK ABOUT A SOLAR FARM UPSTATE, AND A, AN R BATTERY COULD COMBINE TO SELL RENEWABLE

[05:35:01]

MY, UH, MY OTHER QUESTION IS THAT, UH, GENERALLY WITH, UH, RECHARGEABLE BATTERY, EVERY TIME YOU RECHARGE IT, YOU LOSE EFFICIENCY.

AND SO OVER A PER PERIOD OF TIME, YOU KNOW, THAT'S WHY EVENTUALLY YOU HAVE TO THROW AWAY RECHARGEABLE BATTERIES BECAUSE OVER TIME, UH, THEY LOSE THEIR EFFICIENCY.

SO YOU INDICATED THAT THE BATTERIES ARE GOOD FOR 30 YEARS, BUT THAT, BUT THE QUESTION IS WHAT IS THE FINANCIAL LIFE OF THE BATTERY, SEEING HOW NOW IT'S DECREASED, IF IT DECREASED? FIRST OF ALL, MY QUESTION IS DO THE, ARE THESE BATTERIES RECHARGING AT A HUNDRED PERCENT CAPACITY EACH TIME? I ASSUME NOT, RIGHT? SO IF THE SITE PLAN, YOU'LL SEE THAT WE'VE LEFT SPACE IN OUR, IN OUR PROPOSED PLAN TO AUGMENT THE BATTERY'S CAPACITY OVER THE FIRST 20 YEARS OF THE SYSTEM'S LIFE.

AND SO EFFECTIVELY OVER THE FIRST 20 YEARS, THE CAPACITY WILL BE AS MUCH AS IT IS ON DAY ONE, BEYOND YEAR 20.

YOU ARE CORRECT.

CAN EVERYONE SEE THE SITE PLAN WHAT YOU'RE SAYING? YES, I CAN SEE THE SITE PLAN.

SO WE HAD DESIGNED THIS.

SO YOU'RE SAYING TO HAVE THAT WHICH TO HAVE WHAT, TO BE ADDING BATTERIES OVER TIME, YOU'RE SAYING? SO, YES.

SO THE MEGA PACKS THEMSELVES, AS JAMES EXPLAINED, ARE ACTUALLY SHOWN WITH, WITH THESE LITTLE DOOR SYMBOLS HERE.

THE OTHER COMPONENTS AT THE END OF EACH ROW, WHICH WE'VE ALREADY ACCOUNTED FOR ON OUR SITE PLAN, ARE FOR THAT EXPANSION OF THE BATTERIES FOR CAPACITY.

SO THAT YOU ANSWERED THAT QUESTION.

UH, UH, UH, THE OTHER ISSUE IS THAT AS A L L C IS A CONCERN ABOUT, UM, UH, UH, BEING BONDED BECAUSE IF FOR WHATEVER REASONS YOU THIS UNIT, UH, IS NOT FINANCIALLY VIABLE AND YOU DECIDE TO WALK AWAY FROM IT, WE NEED, I THINK A BOND IS, UH, SHOULD BE, UH, REQUIRED FOR THIS APPLICATION AND A BOND THAT IS UPDATED ON PERIODICALLY.

SO YOU BUY A BOND IN 2020, AND THEN, UH, IN 10, 15 YEARS, THE BOND DOES NOT COVER, UH, THE REMOVAL OR ENVIRONMENTAL COSTS.

SO I THINK THAT'S SOMETHING THAT NEEDS TO BE INCLUDED IN, IN, UH, THE, THAT APPLICATION.

UM, AND YEAH, SO THAT'S THE QUESTIONS I HAVE.

WELL, WALTER, CAN I, CAN I ADD SOMETHING TO THE BOND? UM, YES, I, I UNDERSTAND THAT EAGLE IS A, UM, SUBSIDIARY OF STRATA AND THAT EAGLE'S ONLY ASSET WILL BE THESE BATTERIES.

AM I CORRECT ABOUT THAT? THE BATTERIES AS WELL AS THE CONTRACTS ASSOCIATED WITH THE BATTERIES.

UM, BUT, BUT IF THERE'S A, IF THERE'S A SERIOUS, YOU KNOW, EVENT, YOU KNOW, WHICH INCURS SERIOUS LIABILITY, WE'LL STRATA GUARANTEE, ANY OBLIGATIONS THAT EAGLE HAS, WILL EAGLE HAVE, YOU KNOW, LIABILITY INSURANCE OR FIVE OR $10 MILLION? UM, YOU ARE NODDING YOUR HEADS TALK.

SO, UM, WE WILL COMMIT TO PROVIDING A DECOMMISSIONING BOND, UH, THE AMOUNT OF WHICH WE CAN, I'M NOT, I'M NOT TALKING ABOUT DECOMMISSIONING, I'M SAYING, YOU KNOW, IT'S, THEY, I MEAN FACETIOUS, BUT IF IT EXPLODES AFTER 10 YEARS, OKAY, YEAH.

THERE INJURIES AND PROPERTY DAMAGE, WE CAN ALSO COMMIT TO MAKING SURE THAT THE L L C CARRIES APPROPRIATE INSURANCE FOR THAT TYPE OF EVENT.

BUT YOU'LL GET BACK TO US ON THAT.

BUT IT WOULD'VE TO BE WILL STRATA GUARANTEE EAGLE'S OBLIGATIONS? UM, I, I WOULD HAVE TO GO CHECK ON THAT WITH MY, WITH MY TEAM, BUT YEAH, NO, NO, NO.

I, I DON'T WANNA PUT YOU ON THE SPOT,

[05:40:01]

I THINK THE, THE PLAN WOULD BE TO MAKE SURE THAT EAGLE ITSELF IS ABLE TO MEET ALL THOSE OBLIGATIONS IN ANY SITUATION THAT MIGHT ARISE.

WELL, IT, IT EITHER ASK TO HAVE SERIOUS ASSETS OR SERIOUS INSURANCES.

SO YOU'LL GET BACK TO US ON THAT.

I, I, I, I THINK, UH, TO, TO THAT POINT, MR. GOLD, AND I THINK SIMPLY IN A, IN A RESOLUTION OR RECOMMENDATION, IT WOULD BE THAT EAGLE WOULD HAVE TO PROVIDE A, A, YOU KNOW, INSURANCE.

I MEAN, THAT'S, THAT'S A REQUIREMENT OF THE APPROVAL, AND THEY WOULD HAVE TO KEEP THAT INSURANCE IN PLACE TO THE DURATION OF, OF THIS PROJECT.

I MEAN, THAT'S SOMETHING THAT'S, THAT WOULD BE FAIR.

I MEAN, NO, NO DIFFERENT THAN, AGAIN, IT'S NOT REALLY A PERFORMANCE BOND, BUT IT'S REALLY, YOU JUST WANT AN INSURANCE POLICY THAT FOR, FOR GOD FORBID SOMETHING SHOULD HAPPEN.

UH, THERE IS A, A POLICY IN PLACE THAT EAGLE CARRIES.

I MEAN, THAT'S PRETTY MUCH, WELL, I GUESS WHAT YOU'RE ASKING IS THAT, IS THAT CORRECT? RE READING THE, THE LETTER THAT YOU GUYS WROTE TODAY AND LISTENING TO THE INITIAL PRESENTATION TO, UH, I THINK REINFORCE WHAT MICHAEL SAID IS REALLY CLEAR THAT THESE ARE SET UP AS, AS INDEPENDENT COMPANIES, AND THAT STRATA IS NOT SPO IT'S NOT DESIGNED FOR STRATA TO BE RESPONSIBLE FOR ANY OF THE LIABILITY OF THIS COMPANY.

IT SEEMS THAT'S WHAT I THINK I READ, AND I, THAT'S WHAT I THINK I HEARD IN THIS PRESENTATION THAT THIS SETUP IS INDIVIDUAL CO COMPANIES AND SOMEONE WOULD HAVE TO WHOLLY SOMEHOW PIERCE CORPORATE VEIL, UH, TO GET TO STRATA.

I, AM I INCORRECT IN, IN THAT'S WHAT I READ AND HEARD TODAY.

WHAT, WHAT IS THE IMPLICATION OF SOMETHING LIKE THAT HAPPENING? SO THE DECOMMISSIONING BOND THAT WE ARE TALKING ABOUT, UH, WHICH WE WOULD BE OBVIOUSLY DEVELOPING WITH, UH, OBVIOUSLY YOU ALL, AND THE, THE TOWN BOARD, UH, REALLY WOULD COVER MOST OF THESE EVENTS, IF NOT ALL OF THEM.

TESLA HAS COMMITTED TO TAKING THE BATTERIES AT NO COST FOR, FOR SOME, SOME REASON THAT IN 40 YEARS THEY'RE ENTIRELY VALUELESS.

THEY WILL TAKE THEM AND THEY'VE COMMITTED TO THAT 100%.

NO, I UNDERSTAND THAT.

I'M MORE CONCERNED WITH THE, THE MECHANISM BECAUSE AS WE ALL KNOW, WHEN SOMEONE DECLARE DECLARES BANKRUPTCY, IT FREEZES THINGS SO THAT THERE HAS TO BE SOME KIND OF TRIGGER IN THE AGREEMENT THAT TOXIC ANTICIPATES WHAT HAPPENS IN THE CASE OF A BANKRUPTCY, THAT THESE, THAT THESE EVENTS ARE AUTOMATICALLY TRI TRIGGERED, FOR INSTANCE, THE FACILITY AUTOMATICALLY GETS DECOMMISSIONED AS A RESULT OF THE BANKRUPTCY.

I THINK THAT THERE HAS TO BE A VERY, VERY STRONG AGREEMENT BETWEEN AND THE BOND TO MAKE SURE THAT IT HAPPENS BECAUSE CHAPTER 11, THINGS GET FROZEN OTHERWISE.

YEAH, I, I HAVE A COUPLE OF COMMENTS, I MEAN, TO MAKE SURE THAT THE INSURANCE IS IN PLACE, UM, AND I'M NOT AN INSURANCE EXPERT, BUT I THINK, I THINK TANNER GREENBERG SHOULD BE NAMED AS AN ADDITIONAL INSURED, RIGHT? SO THEY KNOW IF ANY OF THE, UM, PREMIUMS LAPSED, UM, HAD ANOTHER POINT, BUT I FRANKLY FORGOT IT.

THEY HAVE TO DO THE BOND DECOMMISSIONING BOND, MICHAEL.

OH YEAH.

THE OTHER THING IS, UH, TESLA'S TO TAKE BACK THE BATTERIES.

UH, WE'D LIKE TO SEE THAT IN.

YEAH, WE CAN WORK ON THAT.

FAIR ENOUGH.

TESLA'S DOING PRETTY WELL THESE DAYS.

10 YEARS SEEM TO BE GROWING VERY QUICKLY THESE DAYS.

UNBELIEVABLE.

BUT THOSE, I MEAN, TO YOUR POINT, MR. SCHWARTZ AND MR. GO, THOSE ARE ALL GOOD POINTS AND WE'LL BE SURE TO, TO HAVE THAT ADDRESSED IN, IN .

WELL, WALTER, I MEAN, YOU, YOU, IF YOU'RE DONE, WALTER, I HAVE A COUPLE OF, UH, QUESTIONS.

GO AHEAD, MICHAEL.

OF ETHYLENE GLYCOL, UH, UH, UH, TO MAKE SURE IT HAS A SHORT, UH, SHELF, UH, UH, UM, A LIFE CYCLE BECAUSE ETHYLENE GEICO IS A POISON, YOU KNOW, AND IT'S SOMETHING THAT YOU DON'T WANT TO GET IN YOUR WATER.

I HAVE A FEW MORE GO.

YOU FINISH IT AND YOU CAN NO, GO AHEAD.

UH, UH, I WOULD LIKE TO SEE THAT, UH, UM, UH, REPORT IN, UH, CONCERN ETHYLENE DIOL, THE, THE HALF-LIFE

[05:45:01]

SO I WOULD LIKE TO SEE THAT REPORT THAT INDICATES IT HAS A VERY, UH, SHORT LIFE AND IT DISSIPATES VERY QUICKLY IN THE ENVIRONMENT AS WELL.

THE OTHER POINT IS THAT, UH, IN THE FOUNDATION THAT YOU'RE PUTTING IN FOR, UH, THAT BASE, IT, ARE YOU BRINGING IN ANY SOIL YES.

TO CREATE THAT? OKAY.

SO OBVIOUSLY THAT SOIL HAS TO BE TESTED TO MAKE SURE THAT, UH, YOU'RE BRINGING IN CLEAN SOIL.

AND WE HAVE, WE HAVE A CODE REGARDING THAT.

IT'S BEEN IDENTIFIED BY THE TOWN ENGINEER THAT A FILL PERMIT BE REQUIRED THROUGH HIS OFFICE.

RIGHT? THERE ARE VERY SPECIFIC REQUIREMENTS IN CONNECTION WITH THAT FILL PERMIT, AND THE APPLICANT WILL BE OBLIGATED TO MEET THOSE PRIOR TO THE ISSUANCE OF A FILL PERMIT, WHICH COMES PRIOR TO ANY BUILDING PERMIT INVOLVED IN CONNECTION.

THAT'S THE, THAT'S FOR THE SOIL.

NOW, IN ADDITION, YOU'RE BRINGING IN GRAVEL, RIGHT? ARE THERE ANY REQUIREMENTS FOR TESTING? UH, THE, THE GRAVEL IN OUR ALCOHOL? I WILL FOLLOW UP WITH THE, UM, TOWN ENGINEER ON THAT.

BECAUSE, YOU KNOW, THIS IS ADJACENT TO THE WETLAND.

THEN WE WANNA MAKE SURE NOT ONLY IS THE SOIL, UH, NOT CONTAMINATED, IS THAT THE GRAVEL ITSELF IS NOT BRINGING ANY, UH, UH, PRODUCTS THAT IS DETRIMENTAL TO THE SOIL.

SO WE NEED, UH, I'D LIKE TO GET CLARIFICATION ON, ON, ON, ON THOSE TWO.

MICHAEL.

UNMUTE.

UM, UM, JOHN, DID I HEAR YOU TO SAY YOU ARE REGULATED BY SOME GOVERNMENTAL AGENCY? THAT'S THE NATIONAL ELECTRIC CODE.

N E C.

SO, SO YOU'RE NOT, YOU'RE NOT REGULATED BY THE F E C OR, YOU KNOW, UM, YES, NO, IT'S NOT THAT I'M AWARE OF.

I CAN'T, I GUESS VISUALIZE IT ISN'T THE WORD.

SO, SO, SO LOOK, I JUST RAISED THIS QUESTION.

I I DON'T EXPECT YOU TO RESPOND, BUT THIS, THIS IS THE CONCERN OF .

UM, AND I'M NOT EVEN SURE IT'S IN THE PLANNING BOARD'S JURISDICTION, BUT, UM, AS I UNDERSTAND IT, YOU KNOW, PUBLIC UTILITIES, PUBLIC UTILITIES ARE PERMITTED IN RESIDENTIAL AREAS.

AND, UM, DAVID, I'M SORT OF LIKE TALKING TO YOU NOW FREE, UM, AND THE DEFINITION OF PUBLIC UTILITY UNDER ZONING CODE 2 85 DASH FIVE IS AN ENTITY UNDER GOVERNMENTAL REGULATION, YOU KNOW, WHICH SUPPLIES ELECTRICITY, WATER, AND SO ON AND SO FORTH.

UM, I, IT, IT DOES NOT SEEM TO ME THAT, UM, EAGLE ENERGY IS UNDER GOVERNMENTAL REGULATION.

I UNDERSTAND THAT THE, UH, THAT THE, UH, BUILDING COMMISSIONER DECIDED IT WAS, YOU KNOW, IT'S PERMITTED, BUT I THINK THIS IS AN OPEN QUESTION.

UM, AND, YOU KNOW, I HAVEN'T DONE ANY RESEARCH EXCEPT A TEENY WEENY BIT.

UM, I'M NO EXPERT, BUT I RAISED THE QUESTION BECAUSE, YOU KNOW, IN MY INITIAL LOOK AT THIS, THIS IS NOT A PUBLIC UTILITY, UM, AND MAY NOT BE SUBJECT TO RECEIVING A SPECIAL PERMIT.

I JUST RAISED THAT QUESTION.

I'LL LET YOU GUYS DO WHAT YOU WANT WITH IT, INCLUDING THE LAWYERS OUT THERE.

BUT I GET TO MY LAST POINT, WHICH IS THE NOISE.

ALRIGHT, GOOD.

UM, THIS IS MY, THIS IS MY, I'M SERIOUS ABOUT THIS.

I, I WOULDN'T CALL IT A PET PEEVE.

I CALL IT A SERIOUS PEEVE.

MAJOR PEEVE.

UM, I UNDERSTAND THE DECAL LEVELS.

I ACCEPT, I ACCEPT THE INFORMATION THE APPLICANT SUPPLIED TO US.

YOU KNOW, I ASKED THAT I IDENTIFY A SITE, A COMPARABLE SITE, WHICH EMITS COMPARABLE NOISE SO I COULD LISTEN TO IT.

UM, THEY COULDN'T FIND ONE.

UM, I KNOW THERE'S BEEN EMAILS BACK AND FORTH.

I SORT OF LOST TRACK OF WHERE WE ARE, BUT I HAVE, I HAVE TWO POINTS TO MAKE ON THE NOISE ISSUE.

FIRST, YOU KNOW, WE DON'T KNOW WHAT 33 DECIBELS SOUNDS LIKE 200 FEET AWAY.

YOU COULD SAY IT SOUNDS LIKE A WHISPER.

YOU COULD SAY IT SOUNDS LIKE A PURRING, YOU KNOW, BUT

[05:50:01]

I CAN'T IZE IT.

BUT ALSO THE OTHER ASPECT IS WHAT KIND OF NOISE IS IT? IS IT A PURRING? IS IT A BEEPING? IS IT A GRADING? IS IT A BUZZING? UM, THE QUALITY OF THE NOISE ALSO MAKES A DIFFERENCE.

AND ON A VERY CONCERNED ABOUT THE NOISE.

NOT THAT I THINK IT'S BAD, JUST THAT I DON'T KNOW WHAT IT IS.

AND I THINK, I THINK THE PLANNING BOARD ABSOLUTELY CANNOT, CANNOT MAKE A POSITIVE RECOMMENDATION TO THE TOWN BOARD IF THEY DON'T KNOW WHAT THEY'RE GETTING.

WE CAN'T RECOMMEND, AND I DON'T MEAN THIS IN A DEROGATORY WAY, JUST IT'S THE BEST THING TO COME UP.

WE CAN'T RECOMMEND A PIG AND A POKE 'CAUSE WE DON'T KNOW WHAT THIS THING SOUNDS LIKE.

IT'S A BIG FOOTPRINT.

THE NOISE IS GONNA BE INTERMITTENT.

WE DON'T KNOW IF THE NOISE IS GONNA BE GRATING OR SOOTHING.

WE HAVE NO IDEA.

AND THIS IS MY MAJOR CONCERN.

THEY'RE TOTALLY DIFFERENT THINGS.

UM, UH, THANK YOU MR. GOLDEN.

UH, ON THAT, I THINK AT THE LAST MEETING WE TALKED ABOUT THE TYPE OF NOISE.

UH, I I I, WE DON'T ANTICIPATE A GRADING OR A LOUD BANGING OR WATER SOUNDS, UH, NOTHING SOOTHING ALONG THOSE LINES.

UH, UM, BUT IT WILL BE MORE OF AN ELECTRICAL NOISE, AS IN A HUM.

UM, YOU KNOW, SO THERE, THERE'S GOING TO BE SOME ELECTRICAL NOISE, YOU KNOW, MAYBE THE, I DON'T KNOW HOW TO DESCRIBE IT.

THE, THE ELECTRICAL NOISE.

AS YOU GET VERY CLOSE TO IT, YOU MIGHT ACTUALLY HEAR ELECTRICITY AS IN LINES ARCING.

UH, BUT YOU SHOULDN'T NECESSARILY HEAR ARCS, UH, WITH THAT AS YOU'D HEAR, UH, YOU KNOW, IN A FACILITY THAT IS MEANT TO HAVE OPEN SPARKS.

UH, SO ALONG THOSE LINES, I KNOW JAMES ROBINSON ACTUALLY, UH, SHOULD BE IN RECEIPT OF A, A DECIBEL METER.

HE, HE WAS LOOKING TO OBTAIN THIS TO TRY TO GO TO THE SITE TO LOOK AT AMBIENT NOISE AND TO GO TO THE ADJACENT SITES, UH, NEARBY THAT WE WERE RECOMMENDING.

THAT'S THE ONLY REASON FOR THE DELAY, IS THAT WE WERE JUST WAITING FOR SOME OF THIS MATERIAL TO COME IN, WHICH COVID HAS DELAYED JAMES, RIGHT? SO TO JOHN'S POINT, I DO NOW HAVE THE DECIBEL METER, AND I WILL BE GOING TO THE SUBSTATION THAT IS NEAR THE SITE AND TAKING A READING, WHICH WILL THEN BE ABLE TO BE COMPARED TO THE DECIBEL RATINGS THAT THE BATTERY WILL PRO PROVIDE.

TO GIVE YOU A POINT OF COMPARISON, IT WILL ALSO BE SIMILAR TYPES OF NOISE BECAUSE IT'S ELECTRICAL EQUIPMENT, SO THAT THE HUMMING THAT, THAT YOU'LL HEAR NEAR THAT CONED SOME STATION SHOULD BE RELATIVE INDICATIVE OF WHAT THE BATTERIES WILL SOUND LIKE.

SO, I'LL, I'M GOING OUT THERE TOMORROW AND I'LL BE ABLE TO TAKE THAT READING AND I'LL LET YOU KNOW, UM, WHAT, WHAT THAT READING IS, HOW IT COMPARES, ESSENTIALLY AT WHAT DISTANCE WE WOULD EXPECT THE NOISE TO BE EQUIVALENT, UM, WITH THE BATTERY.

SECONDLY, JUST BEFORE THIS MEETING, WE, WE DID RECEIVE A VIDEO OF AN OPERATIONAL TESLA SYSTEM.

JAMES, I, I, I DIDN'T GET A CHANCE YET.

I HAVE TWO COMMENTS ON THAT.

FIRST.

LOOK, I KNOW YOU GUYS ARE WORKING ON THIS.

I REALLY DO.

AND I MEAN, NOT SINCERELY, BUT A SUBSTATION USES TRANSFORMERS, YOUR PROJECT USES BATTERIES.

NOW, IF YOU TELL ME THE SOUND IS THE SAME, I BELIEVE YOU, BUT I WANT TO HEAR FOR MYSELF, OKAY, SECOND, IF YOU'RE GOING GO THERE, TAKE US WITH YOU.

WOULD, UH, HAVE A SIMILAR SOUND.

SO ACTUALLY, IF YOU WANT, WE CAN GO THERE TOMORROW IF THAT'S, BUT OTHERWISE WE CAN SET A TIME FRIDAY OR, YOU KNOW, WHENEVER YOU'RE AVAILABLE, I THINK WE SHOULD PLAN A LITTLE FURTHER AHEAD THAN TOMORROW.

YEAH, SORRY, I SAY THAT BECAUSE WE HAVE, WE HAVE A SITE WALKTHROUGH WITH SOME OF THE INTERESTED CITIZENS TOMORROW, BUT IN ANY CASE, YEAH, WORK WITH NOT A PROBLEM, WORK WITH AARON ON IT.

MM-HMM.

, BUT, BUT, BUT SUBSTATION IS NOT THE SAME AS A BATTERY STORAGE SYSTEM.

AND, AND, AND, AND, AND, AND I APPRECIATE THAT.

MAYBE THERE AREN'T THAT MANY, MANY AREN'T THAT MANY, YOU KNOW, STORED BATTERY STORAGE STATIONS HERE.

BUT YOU GUYS GOTTA SATISFY US ABOUT THE NOISE.

AT LEAST SATISFY ME SINCE I'M THE BIGGEST MOUTH, YOU KNOW, ABOUT THIS.

UM, LET ME JUMP IN FOR A ONE.

MR. SCHWARTZ HAD THE QUESTION.

I, I JUMP.

CAN I ADDRESS, UH, MICHAEL'S COMMENT FOR A MOMENT? BECAUSE I DID IDENTIFY, AND I'M NOT SURE IF WE PASSED IT ALONG TO THE APPLICANT, , YOU CAN'T, YOU CAN COMMENT, BUT YOU CAN'T DISAGREE WITH ME.

I'M NOT DISAGREEING WITH YOU AT ALL, MICHAEL.

UM, THAT THERE IS A BEST SYSTEM IN WESTCHESTER ON, UH, RED OAK LANE.

IT'S NOT YOUR SYSTEM.

UM, I PRESUME EVEN THOUGH THE DESAL LEVEL MAY NOT BE THE SAME, IT

[05:55:01]

I THINK IT'S A TESLA SYSTEM.

UM, AND I'M WONDERING WHETHER THAT IT WOULD BE HELPFUL, UH, TO AT LEAST, SO, UH, MICHAEL HEARS WHAT THE SOUND IS, AND THEN WE CAN FIND, SEE IF WE CAN FIND A DECIBEL, ONE THAT HAS A DECIMAL LEVEL THAT'S SIMILAR, OR AT LEAST, UH, HAVE THE DECIMAL LEVEL AT THE RIGHT FOR THE, THE RIGHT DISTANCE, UH, FOR MICHAEL.

I DID, I'VE BEEN WA I'VE BEEN WAITING .

WERE WRITTEN AND, AND GIVEN TO US TO CONSIDER TONIGHT ARE ADEQUATE IN EXPLAINING WHAT WE'VE JUST HEARD TONIGHT.

TIME, TIME CHECK.

FIRST OF ALL, INTERRUPT FOR MINUTE.

YEAH, I WANNA INTERRUPT A MINUTE TO SEE WHERE WE'RE GOING WITH THIS.

UH, UH, WE HAVE A, A, A NUMBER OF, OF, UH, ISSUES THAT, UH, WE STILL HAVE ANSWER A NEED WE ANSWERS TO, UH, IN TERM OF, UH, OF THE, THE, THE STEEP SLOPE OF THE WETLANDS AND SO FORTH.

AND WE ALSO, AS I INDICATED FROM THE BEGINNING, THERE ARE OTHER ISSUES THAT IS NOT, UH, DIRECTLY RELATED TO YOUR APPLICATION, BUT IMPACT, UH, BUT HAS AN IMPACT.

AND THAT IS THE CODE ITSELF THAT MANY OF THE THINGS WE ARE TALKING ABOUT AND THE ISSUES THAT HAVE BEEN RAISED IN TERMS OF THE, WHAT'S THE NOISE, WHAT'S, UH, OF THESE, WHAT'S THE LIFECYCLE? WHAT, WHAT'S THE SCREENING IS, UH, IN, IN FACT THE, UH, THE BUILDING COMMISSION OPINE ON THE SPECIAL PERMIT AS IT APPLIES TO THE CODE.

BUT THE REAL ISSUE FOR THE PLANNING BOARD IS THE CODE ITSELF.

AND WE, AND I SAID AT THE BEGINNING, WE NEED TO MAKE RECOMMENDATION ON THE CODE ITSELF.

AND SOME OF THE QUESTIONS THAT WERE RAISED BY MEMBERS OF THE PLANNING BOARD ACTUALLY SPEAKS TO THE CODE ITSELF.

NOW, THE QUESTION IS NOW IS ONE OF TIMING IS WHETHER OR NOT WE HAVE SUFFICIENT INFORMATION TO CLEARLY A, UH, UH, TO SPEAK ON THE APPLICATION WITH THESE OUTSTANDING QUESTIONS.

SO, UH, AT BAY AND THE OPPORTUNITY FOR US TO FORMULATE, UH, A SECOND PART OF OUR RECOMMENDATION IN TERMS OF, UH, THE CODE ITSELF.

NOW THAT TIME NOW IS 7 54.

I DON'T, CAN I SPEAK THIS HOW WE SURE.

CAN I SPEAK? THANK YOU.

UM, I AGREE WITH YOU, WE DO NOT, WE DON'T HAVE ENOUGH GIVEN SOME OF THE STUFF MICHAEL RAISED, WHICH I THINK ARE REALLY GOOD POINTS.

WE DON'T EVEN HAVE ENOUGH TO, TO OPINE ON THE SITE PLAN AT THIS POINT.

THAT'S MY FEELING.

I THINK THIS THING IS BEING RUSHED THROUGH IN A WAY THAT IT SHOULD NEVER BE RUSHED THROUGH.

THERE ARE TOO MANY OPEN QUESTIONS IN TERMS OF THIS.

I MEAN, THE FACT THAT WE'RE GONNA, YOU KNOW, WE GOT A LETTER AT FIVE O'CLOCK TODAY OR FOUR O'CLOCK TODAY, OKAY, FOR A MEETING AT FIVE O'CLOCK TODAY THAT WE'RE SUPPOSED TO DIGEST AND UNDERSTAND AND MAKE A DECISION TO WRITE A RECOMMENDATION TONIGHT IS ABSURD.

WE NORMALLY GET THEM A WEEK IN ADVANCE.

SO ONE, I DON'T THINK WE CAN MAKE A RECOMMENDATION TONIGHT.

AND I THINK OUR, WELL, WE SHOULD WRITE THE TOWN BOARD IS WE RECOMMEND THAT THEY PUT OFF THEIR HEARING, WAITING FOR A RECOMMENDATION OR AT LEAST A DECISION WAITING FOR A RECOMMENDATION.

'CAUSE WE DON'T HAVE ENOUGH INFORMATION.

AND THAT'S SITE, BECAUSE WHAT MICHAEL'S TALKING ABOUT IS SITE RELATED.

HE'S TALKING ABOUT THINGS LIKE, LIKE NOISE.

THAT IS A SITE RELATED ISSUE.

THAT'S NOT WHAT THE SPECIAL PERMIT SAYS.

IT SAYS YOU CAN, THEY CAN USE IT FOR SPECIFIC THINGS, AND THERE ARE THINGS THAT ARE EXCLUDED FROM THAT.

UNFORTUNATELY, WHEN THAT SPECIAL PERMIT WAS DRAFTED, NOBODY ANTICIPATED SOMETHING LIKE AN ACRE, AN ACRE'S WORTH OF BATTERIES AND IN A STORAGE FACILITY.

SO I DON'T, I'M NOT EVEN SURE AT THIS POINT HOW THAT SPECIAL PERMIT APPLIES, WHETHER IT'S A UTILITY OR NOT.

AND I THINK THAT IS VERY RELEVANT, NOT ONLY FOR THIS PARTICULAR CASE, BUT FOR THE TOWN IN GENERAL.

AND WE NEED TO THINK THIS THING THROUGH CAREFULLY.

I DON'T THINK EITHER OF THE RECOMMENDATIONS THAT

[06:00:01]

NEVERMIND THAT ISSUE, WHICH, WHICH NEEDS TO BE EXPANDED UPON.

UM, SO MY RECOMMENDATION AT THIS POINT AS BEING EIGHT O'CLOCK IS THAT WE, UH, WRITE THE TOWN BOARD AND SAY, WE'RE NOT READY TO MAKE A RECOMMENDATION.

THERE'S STILL SOME THINGS THAT ARE INCOMPLETE, UM, THAT NEED TO BE DONE.

AND WE'D RECOMMEND PUTTING THIS OFF THAT, THAT'S MY FEELING.

UH, I, AND I TOTALLY AGREE WITH THAT BECAUSE IT'S, IT'S, WE HAVE, WE HAVE THREE MINUTES LEFT.

THERE'S NO, YOU KNOW, WE DO NOT HAVE THE TIME TO MAKE THE DEVELOP A RECOMMENDATION TONIGHT IS OFF THE TABLE.

SO THE ONLY THING, THE MOST PRACTICAL THING TO DO IS EXACTLY WHAT YOU'RE PROPOSING, UH, UHHU, IS TO WRITE TO THE TOWN BOARD AND, AND ASK THEM TO REMOVE IT OFF THE AGENDA BECAUSE WE DON'T HAVE THE TIME, UH, TO DIGEST AND GET ALL THE INFORMATION WE NEED TO MAKE A, A GOOD RECOMMENDATION BACK TO THE BOARD.

WELL, I, I THINK JUST TO ADD, JUST TO, TO CLARIFY THAT IT ISN'T THAT NOT, I DON'T WANT IT TO BE PUT ON US.

OKAY? THE FACT IS WE DON'T HAVE THE INFORMATION AVAILABLE TO, TO MAKE THAT RECOMMENDATION.

YEAH, THAT'S, YEAH.

THAT, THAT, THAT, YEAH.

WELL, IF I DIDN'T STATE THAT, THAT'S EXACTLY WHAT I MEAN.

THAT WE DON'T HAVE THE INFORMATION TO MAKE A RECOMMENDATION.

WE JUST DON'T HAVE IT.

AND SO WE CAN'T, YOU KNOW, WE CAN'T MAKE THAT RECOMMENDATION IN TWO MINUTES.

SO, I MEAN, SORRY, SORRY, I'M SORRY.

I DIDN'T WANNA INTERRUPT.

GO AHEAD, MRS. NO, I SAID TO TO THAT POINT.

'CAUSE UM, YOU KNOW, I KNOW THERE'S A LOT OF INFORMATION AND, AND AGAIN, WE, WE GOT YOU OUR, OUR OUR CORRESPONDENCE TODAY BECAUSE WE HAD RECEIVED SOMETHING ALSO FROM C A C THIS AFTERNOON AS WELL.

SO WE'RE, WE'RE SCRAMBLING TO GET SOMETHING.

AND I UNDERSTAND YOU HAVE TO DIGEST IT.

SO I, I UNDERSTAND ALL THAT.

MY QUESTION TO YOU IS, I KNOW I'VE HEARD TONIGHT ABOUT THE NOISE.

I'VE ALSO HEARD ABOUT A COUPLE OF THE ISSUES WITH THE BOND AND THE DECOMMISSIONING.

IS THERE ANYTHING ELSE GET, YOU KNOW, WHAT, WHAT I'M HEARING TONIGHT THAT WE CAN GIVE YOU, AND AGAIN, I COULD WORK WITH THE DEPUTY COMMISSIONER AND THE COMMISSIONER TO GET YOU ANSWERS TO THIS, SO HOPEFULLY THAT WE CAN GET THIS HOPEFULLY RECOMMENDED BACK TO THE TOWN BOARD.

AND HOPEFULLY, UH, ONE OF THOSE THINGS, AND AGAIN, JUST TO LET YOU ALL KNOW, AND, AND IF YOU'VE HEARD THIS, PLEASE DIAL ME.

BUT WE, WE HAVE NY CERTA FUNDING THAT WE WOULD LIKE TO TAKE ADVANTAGE OF BEFORE THE END OF THIS YEAR.

AND PART OF THAT, UM, AGAIN, I I IS, IS DICTATED BY US HOPEFULLY HAVING, NOT NECESSARILY APPROVAL, BUT AT LEAST, UH, HOPEFULLY A, A, A POSITIVE RECOMMENDATION ON, ON THE CCRA GOING FORWARD.

SO AGAIN, NOW FOR YOU ALL, AND I UNDERSTAND THAT YOU, YOU HAD YOUR TIME CONSTRAINTS AND I UNDERSTAND ALL THE POINTS THAT WERE RAISED AND I, WHICH ARE ALL VERY VALID AND I DO APPRECIATE AND WE'LL GET TO THE, THE RESPONSES.

YEP.

WHICH HAD TO DO WITH THE, THE ETHEL WHATEVER THE COMPOUND THE LIQUID WAS.

OH, THE LIQUID, RIGHT.

A 67 PAGE DOCUMENT, SO YOU, YOU SHOULD ALL HAVE THAT AFTER THIS EVENING.

BECAUSE, BECAUSE, UH, MR. SHETA, IF, IF INDEED THAT, THAT CAN'T ACTUALLY LEACH OUT, YOU NEED TO DO SOMETHING DIFFERENTLY IN TERMS OF, OF THE PLATFORM IN WHICH THEY'RE ON.

IF YOU, IF YOU LOOK GENERALLY WHEN YOU HAVE HAZARDOUS MATERIAL, AND WALTER AND I BOTH KNOW THIS 'CAUSE OF OUR PREVIOUS LI LIFE IN A DIFFERENT COMPANY TOGETHER IN DIFFERENT DIVISIONS, BUT PREVIOUS LIFE, UM, WHEN YOU'RE TALKING ABOUT HAZARDOUS MATERIALS LIKE THAT, GENERALLY, UH, THE D E C AND THE E P A REQUIRES IT TO BE A BERM TO, TO MAINTAIN IT WITHIN THE FOOTPRINT OF, OF THE FACILITY.

NOW, THE FIRE DEPARTMENT WILL TELL YOU THEY WANT IT TO LEAK OUT.

IT'S ALWAYS A PROBLEM BECAUSE THEY, THEY LIKE THE FLAPPABLE MATERIAL TO GO ELSEWHERE.

BUT THE E P A WILL TELL YOU AND THE D E C TOO, AND I'VE HAD TO DEAL WITH THAT, THAT THERE HAS TO BE SOME KIND OF CONTAINMENT SYSTEM, WHICH HASN'T BEEN PROPOSED HERE, BECAUSE THAT'S WHERE WE NEED TO UNDERSTAND THE VOLUME, UH, OF, OF THE POT, THE POTENTIAL VOLUME OF THAT LEAKAGE.

SO, UH, LET ME JUMP IN THERE.

UH, THANK YOU MR. SCHWARTZ.

UH, WE WILL GET THE VOLUME, UH, APPROXIMATE VOLUME OF ETHYLENE GLYCOL WITHIN THE SYSTEMS. UM, BUT I DID FORWARD TO AARON SCHMIDT ACTUALLY TO CIRCULATE TO ALL OF YOU DURING THIS MEETING.

I FORWARDED HIM THE, THE LINK TO THE REPORT AND THE DIRECT REPORT ITSELF FROM C D C REGARDING TOXICITY OF ETHYLENE GLYCOL.

UH, YOU KNOW, IT'S

[06:05:01]

THANK YOU, JUDGE.

I'M GONNA MAKE A, I'M GONNA MAKE A SUGGESTION MINUTE.

I, UH, I DON'T, THE, THE, UH, THE PLANNING BOARD IS NOT GONNA GO THROUGH A 60 WHATEVER PAGE DOCUMENT TO FIND THAT PARAGRAPH THAT RELATES THE , I WOULD HOPE.

AND I WOULD THINK THAT YOU WOULD FIND APPROPRIATE, UH, AN M MSDS SHEET.

, JUST AN MSDS SHEET.

MSDS SHEET.

SO I DIDN'T GIVE THE M MSSD S WE CAN CERTAINLY PROVIDE THAT.

I PROVIDED BOTH THE HIGH LEVEL DOCUMENT, WHICH IS THE LINK WHICH SUMMARIZES IT, AND THE FULL REPORT FOR YOUR USE.

SO I MSDS IT'S A COUPLE PAGES LONG, IT'S A LOT LESS THAN 67 PAGES.

IF I MAY, ONE SECOND AND MAKE ONE SUGGESTION.

WE HAVE A LIST OF ALL THE OPEN QUESTIONS MM-HMM.

BEFORE WE WRAP IT UP AND GO AHEAD, DAVID, BUT I WILL WANNA MAKE SURE THERE'S A LOT OF QUESTIONS THAT THE, THE APPLICANT HAD TO NOTE DENOTE ALL THE OPEN QUESTIONS THAT WE HAVE.

SO TO MAKE THE NEXT MEETING MORE, UH, UH, UH, EFFICIENT.

GO AHEAD, DAVID.

MY SUGGESTION WAS SIMILAR TO, TO THE CHAIRS.

UH, UH, WHAT I, WHAT, UH, I THINK WE'VE SUMMARIZED SOME, IF, IF WE'VE MISSED ANYTHING, UH, BETWEEN AARON AND I, UH, WE'LL GO BACK.

WE'LL PRESENT THAT FIRST TO THE PLANNING BOARD JUST TO MAKE SURE THAT THERE ARE NO ADDITIONAL QUESTIONS THAT WE MISSED.

AND WE'LL FORWARD THAT TO MR. SHERETTA.

AND, UH, AND I THINK AS IN THE PAST, WITH SOME OF THESE THINGS, HE WILL PRESENT IN A LETTER FORM, UH, AS BEST AS HE CAN, AT LEAST SUMMARIES AND CITATIONS SO THAT ALL THAT INFORMATION IS UPFRONT AND AVAILABLE AND EASILY READ BY THE BOARD.

WE'LL DO THAT , JUST REMEMBER THERE'S A SHORT TURNAROUND BEFORE OUR NEXT MEETING BECAUSE YOU THANKSGIVING IN THE MIDDLE OF IT.

NO, WE'LL GET .

I'VE ALREADY SPOKEN TO MR. SCHREDER.

HE'S NOT HAVING 25 PEOPLE AT HIS RESIDENCE.

YEAH, NO, IT'S ONLY, ONLY NINE.

SO, UH, THE ION WOULD NEED TO COME IN BY NEXT WEDNESDAY.

WE MAKE A COMMITMENT TO, UH, END OUR MEETING ON TIME IS NOW FOUR MINUTES AFTER EIGHT.

UH, UM, UH, I THANK DAVID FOR MAKING THAT, UH, UH, TO FOCUSING THAT, UH, OUR ATTEMPT TO GET ALL THE QUESTION IN WRITING TO, TO THE APPLICANT SO THEY COULD PROPERLY PREPARE.

DO WE NEED A, DO WE NEED A MOTION WALTER TO, TO DRAFT FOR AARON TO DRAFT THE LETTER TO THE TOM BOARD? DELAYING, I THINK THAT WOULD BE A REQUESTING A DELAY.

I'LL MOVE THAT, THAT WE, THAT THE PLANNING BOARD SENDS A LETTER TO THE TOWN BOARD DELAY, UH, THE HEAR THEIR HEARING ON THE SUBJECT.

DO WE HAVE A SECOND? YOUR WELCOME.

SO THAT'S WHAT WE'LL DO.

AND, UH, UH, HOPEFULLY, UH, AT OUR NEXT MEETING, UH, WE'LL HAVE ALL THESE QUESTIONS, UH, UH ANSWERED AND WE WILL BE ABLE, AT THAT POINT, WELL, WE'LL BE DELAYED.

SO WE WON'T BE AT THE NEXT MEETING, BUT, UH, UH, WE WILL ASK THE PLANNING, UH, THE TOWN BOARD TO DELAY IT, AND THEN WE COULD ADJUST OUR CALENDAR ACCORDINGLY.

J JUST A POINT OF CLARIFICATION, MR. CHAIRMAN, YOU SAID, UH, HOPEFULLY AT THE NEXT MEETING, IF WE PROVIDE YOU THE INFORMATION, UH, ON TIME AND YOU'RE SATISFIED, IT'S CONCEIVABLE THAT WE CAN GET A RECOMMENDATION TO THE TOWN BOARD AT THAT NEXT MEETING.

IF, IF, IF, UH, IF ALL GOES WELL, BECAUSE YOU SAID WE, I JUST HEARD YOU SAID YOU , THAT'S, YEAH, THAT'S THE OPTIMISTIC, BUT I DON'T WANT BE UNDER THE TIME PRESSURE THAT WE HAVE TO DO IT AND GET IT TO THE TOWN BOARD IF WE DO NOT GET ALL THE APPROPRIATE INPUT.

SO WHERE IS THAT IS A POSSIBILITY? I DON'T, WE SHOULD NOT PLAN ON IT.

WE TYPICALLY AS A BOARD DON'T DO THAT OURSELVES.

I I, I, I DO WANT TO, WALTER, I THINK QUESTION WE, I WANNA BE CLEAR, THERE ARE TWO PARTS OF THIS THOUGH THAT MR. SHERA HAS TO UNDERSTAND.

I MEAN, YOU'VE READ THIS MR. SHE, YOU READ THE CACS DOCUMENT MM-HMM.

AND OKAY, THAT DOCUMENT I'M SURE WILL BE FORWARDED TO THE TOWN BOARD AS WELL.

AND SO THERE'S AN ISSUE WHICH IS BEYOND YOUR CONTROL AT THIS POINT, I THINK OKAY.

REGARDING THE SPECIAL PERMIT ITSELF AND WHETHER THIS, THIS ACTUALLY APPLIES UNDER THAT SPECIAL PERMIT.

NOW THE BUILDING INSPECTOR, WHO IS WHO WE LISTENED TO, UM, SAYS IT DOES, UM, THAT'S AN OPINION THAT CAN BE APPEALED TO THE ZONING BOARD.

THAT'S REALLY GONNA BE UP TO THE TOWN BOARD WHETHER THEY WANT TO DO THAT.

[06:10:01]

UH, WE HAVEN'T IN THE PAST ANYWAY, BUT JUST UNDERSTAND THAT'S STILL AN OPEN, THAT IS AN OPEN GOING TO BE AN OPEN ISSUE THAT HAS TO BE RESOLVED.

I WANT TO, I WANT YOU TO KNOW EXACTLY WHAT'S GOING ON.

SUBJECT TO THE SPECIAL PERMIT.

SO I UNDERSTAND THAT, UH, THAT BEING SAID, YOU KNOW, AGAIN, THE BUILDING INSPECTOR HAS, YOU KNOW, STATED WHAT HE STATED, SO HOPEFULLY THEY'LL BE ABLE TO RELY ON THAT AND WE'LL PROCEED ACCORDINGLY.

AND I THINK JUST GOING FORWARD, AND I, AND I LEAD THIS TO YOUR, YOUR DEPUTY TOWN ATTORNEY AND STAFF AND AS WELL AS YOU TO THINK ABOUT, BUT YOU KNOW, IN TERMS OF PRECEDENT, WHICH IS A WORD I'VE BEEN HEARING IN THE C A C I, I THINK THERE'S A, THERE'S A LOT HERE ON THIS PROJECT THAT COULD DISTINGUISH OTHER PROJECTS GOING FORWARD WITH RESPECT TO ANY SUBSEQUENT LOCAL LAW THAT THE TOWN MAY HAVE.

SO AGAIN, I DON'T WANNA LOSE SIGHT OF THAT BECAUSE THERE'S A LOT HERE THAT IS DIFFERENT.

YOU KNOW, WE'RE NOT IN THE MIDDLE OF A RESIDENTIAL NEIGHBORHOOD, WE'RE ALREADY IN R 30, BUT WE'RE NOT IN THE MIDDLE SMACK DAB OF HOMES.

SO THERE ARE THINGS THAT YOUR BOARD, THE TOWN BOARD CAN DO TO DISTINGUISH THAT GOING FORWARD.

MR. SHRED ON THAT SUBJECT, OKAY, FOR YOUR OWN EDIFICATION, THINK ABOUT THIS FOR A SECOND.

THIS SPECIAL PERMIT, EVEN IF IT IS COVERED UNDER THE SPECIAL PERMIT, THERE ARE ACTUALLY, UH, A LOT OF ROOM FOR THE TOWN BOARD TO DECIDE YAY OR NAY BECAUSE THERE AREN'T SPECIFIC PARAMETERS IN THE SPECIAL PERMIT.

IT'S REALLY RELATED TO SEEKER.

SO MAKE YOU MAKING THE CASE OF THAT DIFFERENTIATION IS, IS SOMETHING YOU COULD DO.

OUT THERE AGAIN, MORE FOR YOUR .

OKAY, WELL, OKAY, WITH THAT SAID, I'D LIKE TO WRAP IT UP.

WE KNOW WHAT WE NEED TO DO, UH, IN TERMS OF, WELL, ASKING FOR THE TOWN BOARD TO POSTPONE.

IF BY SOME MIRACLE WE'RE ABLE TO GET EVERYTHING DONE BEFOREHAND, THAT'S ANOTHER ISSUE.

BUT I AM NOT, UH, WILLING TO WORK UNDER THE PRESSURE THAT WE MUST DO IT IN TIME FOR THE NEXT, UH, UH, UH, TOWN, UH, BOARD MEETING BECAUSE THERE'S JUST TOO MANY UNKNOWNS OUT THERE.

SO, SO, UH, I'M NOT WORKING ON, ON THAT SCHEDULE.

OKAY, SO, SO, BECAUSE I THINK THAT WILL BE THE, A MIRACLE SCHEDULE IF WE ARE ABLE TO DO THAT.

AND, UH, AND UH, THE CHANCES OF THAT, I JUST WANNA BE REALISTIC.

THE CHANCES OF THAT HAPPENING IS REMOTE.

JUST WANT TO PUT IT OUT THERE, CLAIRE.

SO THERE'S NO EXPECTATION THAT, UH, EVERYTHING WILL BE IN PLACE AND, UH, IN TIME TO, UH, RESCIND OUR, UH, RECOMMENDATION TO THE TOWN BOARD TO POSTPONE.

I, I, LET ME JUST BE CLEAR ON THAT, UM, BECAUSE NOW I'M A BIT CONFUSED.

I WANTED TO CLARIFY THAT IS DEFINITELY, THAT IS DEFINITELY POSSIBLE, BUT IN THE MEANTIME, I STILL WANT THE TOWN BOARD TO DELAY IT.

AND IF IN FACT WE GET THROUGH EVERYTHING, WE COULD WRITE ANOTHER LETTER TO THE TOWN BOARD AND SAY, HEY, WE RESOLVE EVERYTHING, PUT IT BACK ON THE AGENDA.

NO, AND AARON'S .

OKAY, THAT'S WHAT I WAS GETTING AT.

THAT'S ALL I WAS SAYING, RIGHT? BECAUSE THE TOWN BOARD MEETING IT SET, BUT IS SET FOR THE 24TH NEXT TUESDAY.

SO THAT WOULD CERTAINLY BE BEFORE THE PLANNING BOARD'S NEXT MEETING.

I JUST WANTED TO CLARIFY THAT.

UM, WE WILL TRANSMIT THE MEMO FROM THE PLANNING BOARD TO THE TOWN BOARD, YOU KNOW, TOMORROW OR FRIDAY THE LATEST, SO THAT THEY GET IT AHEAD OF THE 24TH, WHICH IS THE SCHEDULED DATE.

RIGHT? OKAY.