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UH, GOOD EVENING AND WELCOME TO THE JANUARY 6TH, UH, 2021 MEETING OF THE PLANNING BOARD.
UH, NUMBER ONE, I WOULD LIKE TO ASSURE EVERYONE, IN SPITE OF THE TAKEOVER OF OUR CAPITAL IN WASHINGTON, DEMOCRACY EXISTS IN THE TOWN OF BLOOMBERG.
WE MIGHT HAVE OUR DIFFERENCES, BUT WE WILL CONDUCT OURSELVES IN A DEMOCRATIC POLL.
UH, WITH THAT SAID, I WOULD LIKE TO, UM, GO TO, OH, FIRST OF ALL, COULD WE HAVE A ROLL CALL VOTE? A ROLL CALL BY THE, UH, DEPUTY COMMISSIONER? YES, ABSOLUTELY.
WE HAVE ALL MEMBERS PRESENT TODAY.
UH, THE FIRST, UH, ITEM ON THE AGENDA IS APPROVAL OF THE MINUTES.
UH, I HAVE NO CORRECTIONS TO THE MINUTES.
I JUST HAVE A COMMENT AND A, UH, A REMINDER, UH, IF YOU GO TO PAGE THREE, UH, ONE, TWO, THIRD PARAGRAPH DOWN, UH, UH, SECTION TO THE BOTTOM WHERE IT INDICATES THAT, UM, THAT WE AT, UH, THE JANUARY 20TH MEETING, UH, THE, THE DISCUSSION ON THE, WHAT'S THAT? UH, WHAT IS THAT? UH, UH, P B S NUMBER, CASE NUMBER.
THAT'S THE, UH, TB 18 DASH OH TWO.
THAT, UH, WE WELCOME ADDITIONAL COMMENTS FROM, UH, PLANNING BOARD MEMBERS SO THE APPLICANT CAN BE PREPARED WHEN THEY MEET BEFORE US ON THE FRONT HERE.
UH, SO I ASK IF ANYONE HAVE ANY ADDITIONAL QUESTIONS, PLEASE SEND IT TO AARON BY THE 13TH OF JANUARY SO HE COULD DO, HE COULD, UH, UH, GET THAT TO THE APPLICANT, AND THE APPLICANT WILL HAVE SUFFICIENT TIME TO BE PREPARED ON THE 20TH.
SO I JUST SAY THAT AS A REMINDER.
UH, BUT OTHER THAN THAT, I HAVE NO CORRECTIONS FOR THE MINUTES.
UH, DO ANYONE ELSE, DO ANYONE HAVE A CORRECTION FOR THE MINUTES? I HAD NO COMMENTS.
THEN I ENTERTAIN, UH, A MOTION TO APPROVE THE MINUTES AS WRITTEN.
UH, THE OTHER THING, I WANT TO, UH, UH, UM, REMIND THE PUBLIC THAT WE ARE STILL SHORT OF AN, UH, ALTERNATE PLANNING BOARD MEMBER, AND I THINK IT'S REALLY CRITICAL THAT WE FILL THAT SLOT.
I KNOW A LOT OF PEOPLE HAVE, UH, POSTPONED VACATION, MYSELF INCLUDED, AND SO, AND, UH, OR ANTICIPATED TAKING SOME VACATION TIME, UH, AT THE END OF THIS YEAR OR EARLY NEXT YEAR.
SO, I THINK IT'S ABSOLUTELY IMPORTANT THAT WE HAVE, UH, AN ALTERNATE IN PLACE.
ONE OF THE THINGS THAT I WOULD NOT LIKE TO DO IS THAT WE HAVE, YOU KNOW, REALLY IMPORTANT, UH, UH, UH, UH, ISSUES COME BEFORE THE BOARD, IMPORTANT CONTROVERSIAL ISSUES.
AND IT IS THE, THE, UH, THE, FIRST OF ALL, YOU WOULD HAVE TO GET A UNANIMOUS DECISION IF WE ONLY HAVE FOUR PLANNING BOARD, UH, BOARD MEMBERS.
AND I THINK THAT, YOU KNOW, THAT'S NOT THE BEST WAY TO OPERATE.
SO I THINK IT'S EXTREMELY IMPORTANT THAT WE GET ADDITIONAL, UH, UM, PLANNING BOARD MEMBER.
UH, WHAT WE LIKE TO DO IS TO GET MEMBERS FROM, UH, THAT REPRESENT DIFFERENT PARTS OF THE TOWN.
UH, RIGHT NOW WE HAVE THREE MEMBERS FROM HARTSDALE, MYSELF INCLUDED.
WE HAVE TWO FROM, UH, EDGEMONT.
BUT WE, YOU KNOW, WE WOULD LIKE TO
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GET PEOPLE FROM OTHER PARTS OF THE TOWN, UH, LIKE FOR INSTANCE, EAST IRVINGTON, WHERE FRAN WAS, OR IN THE AREA, UH, THE NORWOOD, UH, AREA.UH, WE REPRESENTATION THERE, UH, REPRESENTATION.
ANOTHER AREA DON'T HAVE REPRESENTATION WOULD BE THE PARKWAY HOME, PARKWAY GARDENS, BUT NO, BUT, AND I'M QUITE SURE THERE'S OTHER AREAS, UH, IN THE TOWN.
BUT WHAT WE WOULD LIKE TO GET IS A DIVERSE REPRESENTATION FROM ALL OF THE TOWN.
EVEN THOUGH WHEN YOU'RE ON THE PLANNING BOARD, YOU DO NOT REPRESENT YOUR AREA.
YOU REPRESENT THE TOWN, BUT AT LEAST YOU'LL BE MORE, UH, KNOWLEDGEABLE OF THE ISSUES, UH, IN YOUR PARTICULAR SURROUNDINGS.
SO YOU COULD BRING THAT EXPERTISE TO THE TOWN, TO THE PLANNING BOARD IN GENERAL.
SO I REALLY ENCOURAGE, UH, ANYONE WHO FEELS THAT THEY WOULD LIKE TO CONTRIBUTE.
IT IS VERY IMPORTANT FUNCTION OF THE TOWN.
THE CONTACT, UH, UH, COMMISSIONER
UH, THE NEXT THING ON THE AGENDA IS CORRESPONDENCE.
AND WE HAVE, UH, THE FIRST ONE IS, UM, UH, A REQUEST FOR EXTENSION FOR THE LUMBROOK OR NORWOOD INTERCONNECTION.
AND THIS IS COMING FROM THE, OUR DEPARTMENT OF PUBLIC WORKS, AND THEY DON'T THINK THAT THEY WILL BE ABLE TO FINISH BEFORE THE SPRING OF, OF THIS YEAR.
HOWEVER, THE EXPIRATION RUNS OUT IN JANUARY THE 17TH.
UH, I, I'M PROPOSING THAT WE, UH, APPROVE A SIX MONTH EXTENSION ON THIS PROJECT.
CAN I GET A SECOND? SECOND, SECOND.
EVERYONE IN FAVOR OF THE EXTENSION? AYE.
UH, ANYONE? UH, UH, DISAPPROVE.
SO WE'LL GET A SIX MONTH EXTENSION ON THAT.
THE OTHER, OKAY, THE OTHER ISSUE THAT, UH, UNDER CORRESPONDENCE, WHICH I, UM, WOULD THINK REQUIRES SOME DISCUSSION.
SO I SET ASIDE, YOU KNOW, HALF HOUR OR 44 MINUTES OR, UH, SO WE COULD HAVE A FULL DISCUSSION ON, ON THE, THE EAGLE BATTERY STORAGE FACILITY.
UH, THERE'S, THERE'S, THERE ARE SEVERAL COMMENTS.
I WOULD LIKE TO START OFF FROM SAYING THE FIRST ONE, UH, IS THAT I WOULD RECOMMEND THAT WE APPEAL THE BUILDING'S INSPECTOR DECISION, AND I'LL GIVE YOU THE REASONS WHY I THINK THAT'S JUSTIFIED.
ALL THE YEARS THAT I'VE BEEN ON THE PLANNING BOARD, UH, AS YOU, YOU'VE BEEN ON HERE LONGER, UH, WE NEVER, UH, APPEAL A BUILDING INSPECTOR'S DECISION.
AND I THINK GENERALLY THAT'S AN EXCELLENT, UH, PROCEDURE TO HAVE THAT YOU DON'T JUST, IF YOU DON'T TO THIS DEGREE WITH THE, WITH THE BUILDING INSPECTOR, YOU JUST APPEAL.
NO, I THINK THAT SHOULD ONLY BE DONE ON RARE OCCASIONS, AND I THINK THE BAR SHOULD BE SET VERY HIGH.
IF YOU COULD REACH THAT BAR, THEN I THINK, UH, UH, AND YOU COULD JUSTIFY THAT, THEN I THINK IT'S QUITE APPROPRIATE TO MOVE FORWARD AND TO APPEAL THE INSPECTOR'S DECISION.
AND I WOULD, UH, UH, MAINTAIN THAT IN THIS PARTICULAR CASE.
WE HAVE REACHED THAT FAR AND, UH, AND, UH, AND, AND DO THAT, I KNOW THERE WAS SOME, UH, THERE'S SOME CORRESPONDENCE THAT, UH, WE HAVE DONE THIS BEFORE.
WE HAVE NEVER DONE THIS BEFORE.
THE ISSUE OF JACKSON AVENUE, THE PLANNING BOARD DID NOT APPEAL, THOUGH THAT WAS AN APPEAL BY, UH, UH, THE BILL STEVE RETA.
SO WE'VE NEVER APPEALED A BUILDING INSPECTOR DECISION AS LONG AS
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I'VE BEEN ON HERE, AND, AND, AND YOU HAVE BEEN ON THERE LONG.UM, SO THAT'S THE FIRST THING.
THE OTHER THING IS THAT I, UH, UH, I THINK IT'S UNIVERSAL AMONG THE PLANNING COORDINATOR IS THAT WE DO NOT OPPOSE BATTERY STORAGE FACILITY.
WE RECOGNIZE THAT THIS IS A NEW TECHNOLOGY.
WE RECOGNIZE BATTERY STORAGE IS A VIABLE WAY OF, OF, UH, MOVING AWAY FROM FOSSIL FUEL.
SO WE COMPLETELY SUPPORT THAT.
UH, SO THAT IS, THAT IS, UH, UH, NOT THE ISSUE.
I, FOR ONE, I'M NOT OPPOSED TO A BATTERY, BATTERY STORAGE FACILITY ON THE NORWOOD COUNTRY CLUB.
YOU KNOW, YES, WE HAVE SOME, UH, WE HAVE SOME SAFETY AND TECHNICAL ISSUES, BUT I THINK THOSE COULD ALL BE MITIGATED.
UH, SO I THINK THAT YES, THEY'RE IMPORTANT ISSUES, BUT I THINK THEY COULD BE MITIGATED WITH THE PROPER, UH, UH, UM, UH, UH, SECONDARY AND TERTIARY, UH, UH, SAFETY FEATURES THAT COULD BE MITIGATED.
IF YOU LOOK AT WHERE THAT BATTERY STORAGE FACILITY FACILITY'S LOCATE, IT'S ACTUALLY, I THINK, IS LOCATED IN THE IDEAL SPOT.
IT'S IN A BOWL, SO, AND YOU HAVE A HOT, UH, A STATE ROAD THAT SEPARATE, UH, THAT FACILITY AND HOMES.
YOU HAVE TREES THERE, SOME, UH, SOME HERE, AGAIN, I'LL DEFER TO, UH, UH, UH, AARON, YOU HAVE SOME TREES.
SOME ARE IN GOOD CONDITION, SOME ARE NOT.
BUT THEN YOU COULD FILL IT IN WITH THE EVERGREENS TO MAKE A NICE SCREEN FROM, FROM THE NEIGHBORS.
AND, UH, AROUND THE FACILITY ITSELF, YOU COULD PUT ALL THE BY.
SO ALL PRACTICAL PURPOSES, YOU CAN'T SEE IT.
UH, UH, THE NOISE LEVEL FROM, YES, UH, THE NOISE LEVEL IS WE SOURCE MORE UNITS, BUT THE NOISE LEVEL, YOU KNOW, YOU HAVE TO BE RIGHT ON TOP OF IT TO HEAR ANYTHING.
BUT EVEN WHEN A LARGER UNIT IS IN A BOWL ACROSS A ROAD, A TRAVELED ROAD, AND YOU PROBABLY WILL HEAR MORE ROAD NOISE THAN WHAT YOU GET FROM THE FACILITY.
SO FOR, SO I'M NOT, I HAVE NO PROBLEM WITH IT AT THAT FACILITY.
THE PROBLEM IS BY APPROVING IT UNDER THE CURRENT REGULATION, THAT THE, THAT DOES NOT SPECIFY ALL THE CONDITIONS, CITING CONDITIONS AND SAFETY CONDITIONS AND, AND FOR THAT, UH, FOR BATTERY STORAGE.
AND IT JUST, LUCKILY THIS ONE COULD MEET THAT CRITERIA, BUT WITHOUT A CODE, WHO'S TO SAY THE NEXT PERSON WHO COME ALONG TO FIND A SITE AS A ATTRACTIVE AS THAT ONE FOR BUILDING A BATTERY STORAGE FACILITY, THERE'S NO CONTROL.
AND THEN COMPOUND IT WITH THAT, WE KNOW THAT THERE'S INTEREST IN BUILDING TWO MORE FACILITIES ON CENTRAL AVENUE.
SO NOW WE HAVE, WE'VE TALKING ABOUT MAYBE THREE UNITS WITH NO CODE TO PROPERLY, UH, CITE THEM.
YOU SEE NOW, AFTER OUR, UH, PLANNING BOARD MEETING IN DECEMBER, WE ONLY HAVE ONE MEETING IN DECEMBER.
THE TOWN BOARD HAD, WELL, THREE OTHER MEETINGS THAT YOU AND I, UH, UH, UH, UH, ATTENDED TO.
AND EACH CASE, WE ENCOURAGE THE TOWN BOARD BECAUSE THEY ARE THE LEAD AGENCY, AND I THINK THEY ARE INDEED THE PROPER AGENCY TO DO THAT, AND WE ENCOURAGE THEM TO DO THAT.
NOW, YOU GOT A, UM, YOU GOT A LETTER FROM PAUL ER IN TERMS OF A COMPROMISE THAT HE, YOU KNOW, IT, I DON'T AGREE WITH EVERYTHING, BUT AT LEAST IT'S, IT'S A GOOD START.
YOU COULD WORK ON IT, IT'S SOMETHING.
AND, UH, WE WOULD, AT THE WORK SESSION LAST NIGHT AT THE TOWN BOARD, AND WE WERE HOPING THAT THE TOWN BOARD WILL DISCUSS IT, MAKE WHATEVER MODIFICATIONS
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TO MAKE THAT A WORKABLE DOCUMENT.PAUL FINER INTRODUCED IT AND WAS NO COMMENT, NO DISCUSSION.
AND THEN THE TOM BOARD WENT INTO EXECUTIVE SESSION.
SO NOW THERE'S NOTHING, THERE'S NOTHING ON THE BOOK.
WE HAVE THE EAGLE PROJECT IN FRONT OF US, AND WE HAVE TWO MORE POSSIBLE APPLICATIONS COMING, AND WE HAVE NO CODE TO COVER IT.
SO I THINK FOR THOSE REASONS, I, FOR ONE, FEEL THAT WE HAVE, UH, UH, UH, COME TO POINT IS JUSTIFIABLE FOR THIS PLANNING BOARD TO APPEAL THE PLANNING BOARD'S DECISION.
AND WE SHOULD NOT LOOK AT IT AS AN ATTACK ON THE BUILDING.
THIS IS JUST A MATTER OF PROFESSIONAL DIFFERENCES WITH HOW THE CODE SHOULD BE INTERPRETED, AND IT IS NOT AN ATTACK OR UNDERMINING, UH, THE BUILDING SPACE.
SO THAT'S MY RECOMMENDATION, AND THAT'S MY JUSTIFICATION.
OPEN UP THE FLOOR FOR ANYONE ELSE, WOULD I, WALTER, MAY, MAY I SPEAK NEXT, PLEASE? YES.
UM, WALTER AND I HAVE BEEN WORKING ON THIS WITH THE TOWN BOARD AND ALSO WITH THE C A C, UH, FOR SEVERAL WEEKS AFTER OUR MEETING IN DECEMBER.
UM, THIS ISN'T REALLY ABOUT THE MERITS OF THIS PROJECT, AS WALTER SAID.
UM, HOWEVER, THERE IS CONSENSUS, I THINK, AMONG THIS BOARD, THE TOWN BOARD AND THE C A C THAT A NEW AND STAFF, BY THE WAY, THAT A NEW SPECIAL PERMIT LAW HAS TO BE WRITTEN TO ADDRESS THESE, UH, TYPES OF FACILITIES.
I THINK EVERYBODY IS CLEAR ON THAT.
IN FACT, JUST THIS AFTERNOON, UH, THERE WAS A CITIZENS COMMITTEE PUT TOGETHER TO DO JUST THAT, UM, JUST SIMILAR TO WHAT WE DID WITH THIS, WITH THE C C F, WHICH ENDED UP BEING VERY SUCCESSFUL.
AND I SEE DAVID SMILING, AND I THINK HE WOULD AGREE THAT IT WAS SUCCESSFUL.
UM, SO WE DID THAT EFFECTIVELY AND EFFICIENTLY.
THE PROBLEM IS THAT WE REALLY DON'T HAVE A LAW NOW.
AND, UH, USING THE CURRENT SPECIAL PERMIT, UH, LAW THAT WAS APPLIED FOR THIS PROJECT IS JUST, IN MY VIEW, INCORRECT.
UM, THERE I HAVE, THERE ARE FIVE REASONS WHY IT'S INCORRECT.
THE FIRST ONE, VERY SIMPLY, THAT THAT CODE WAS WRITTEN BEFORE THESE KINDS OF FACILITIES WERE EVEN ANTICIPATED.
UM, THE CODE, THE PERMIT THAT THEY'RE USING ACTUALLY SPECIFICALLY EXCLUDES LARGE STRUCTURES, INCLUDING STORAGE YARDS OR SUBSTATIONS.
THIS WOULD SEEM TO BE SIMILAR TO ONE OF THOSE THREE.
IT'S NOT CLEAR THAT THIS IS A PUBLIC UTILITY UNDER TOWN LAW BECAUSE IT PUBLIC UTILITY MUST SELL TO THE PUBLIC.
THIS FACILITY DOES NOT SELL TO THE PUBLIC, SELLS TO CON ED AND IS NOT REGULATED THE SAME WAY, UH, A PUBLIC UTILITY IS.
THERE IS A PROVISION IN THERE THAT SAYS THAT THERE IS, THAT THE, THERE HAS TO BE A DETERMINATION THAT NO OTHER REASONABLE LOCATION IN THE DISTRICT, UH, IS AVAILABLE THAT ARE ANES DIS OR AN LESS OF RESTRICTIVE DIS IS, COULD BE UTILIZED FOR PROPOSED FACILITY.
THERE IS NO EVIDENCE THAT I HAVE SEEN ON THE RECORD THAT SAYS THAT THAT POSSIBILITY HAS BEEN, UH, EXPLORED.
FINALLY, THE SKIRTING, UM, THE LAWS, UH, BY LEASING THE LAND RATHER THAN OWNING IT.
BECAUSE IF THEY OWNED IT, THEY WOULD'VE HAD TO GO FOR A SUBDIVISION.
THEY WOULD'VE BEEN SUBJECT TO THE F A R, THE UNDERLYING ZONE, BECAUSE THEY'RE USING THE SPECIAL PERMIT WITHIN THAT A HUNDRED PLUS ACRE FACILITY.
THEY DON'T HAVE TO HAVE TO WORRY ABOUT SETBACKS IN F A R.
SO THERE WAS A FIVE VERY GOOD REASONS, UH, WHY, UM, THAT INTERPRETATION, I BELIEVE WAS INCORRECT.
AGAIN, I DON'T, THE OTHER IMPORTANT THING TO NOTE IS I DON'T THINK IT'S GONNA SLOW THIS PROJECT DOWN BY GOING TO, TO THE, TO THE, UH, Z B A.
THE REASON I DON'T IS EVERYBODY, INCLUDING THE TOWN BOARD, AGREES THAT WE NEED TO HIRE A CONSULTANT TO UNDERSTAND THE ENVIRONMENTAL IMPACTS OF THIS POTENTIAL PROJECT.
UM, THE ENVIRONMENTAL IMPACTS GO BEYOND NOISE AND, AND, AND THOSE KINDS OF THINGS.
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YOU KNOW, IS THERE A REAL ISSUE ABOUT THE POTENTIAL FOR FIRE? WE DON'T KNOW THE ANSWER TO THAT.IS THERE A REAL POTENTIAL ISSUE ABOUT THE ESCAPE OF, OF, OF, UH, BAD GAS, BAD GASES? IS THERE A REAL ISSUE IF, IF FIRE HAPPENS AND YOU HAVE 3000 GALLONS OF WATER, WHICH IS WHAT TESLA SAYS TAKES TO PUT ONE OF THESE BATTERIES OUT THAT IS ELECTRIFIED? IS THERE A REAL ISSUE FOR THE SAFETY OF A FIRE DISTRICT? WE DON'T KNOW THE ANSWERS.
ALL THOSE THINGS, AS WALTER SAID, COULD BE MITIGATED, BUT WE DON'T KNOW THE ANSWER TO THAT.
IN FACT, I THINK EVERYBODY, INCLUDING THE TOWN BOARD, WOULD TELL YOU RIGHT NOW, THEY'RE NOT IN A POSITION TO EVEN DO SEEKER NOW TO KNOW IF IT SHOULD EVEN GO BE IN E I S I COULDN'T TELL YOU IF YOU, IF THIS SHOULD BE PAUSE DECK.
'CAUSE I DON'T KNOW ENOUGH ABOUT THE TECHNOLOGY YET, WHICH IS WHY ONE OF THE THINGS THAT'S HAPPENING RIGHT NOW IS WE'RE HIRING A CONSUL.
THE TOWN IS HIRING A CONSULTANT TO, TO HAVE THAT EXPERTISE, SO THAT ONE WE CAN, THEY CAN DO A BETTER JOB IN DECIDING SEEKER AND TWO, CRAFT A NEW LAW.
FINALLY, THERE WAS A COMMENT MADE, OR TWO OTHER THINGS.
ONE OF THE EXAMPLES IS, WELL, CLEARLY YOU'RE GONNA WANT SOME KIND OF BUFFER AROUND THE, THESE FACILITIES.
THE, THE CURRENT SPECIAL PERMIT LAW THAT THEY'RE USING HAS NO REQUIREMENT FOR BUFFER WHATSOEVER.
THE RESPONSE FROM, UH, THE APPLICANT'S ATTORNEY WAS, WELL, WE'LL DEAL WITH THAT.
IF AND WHEN, UH, NO WOOD HAPPENS TO TURN INTO A RESIDENTIAL NEIGHBORHOOD, WELL, THAT'S BACKWARDS.
YOU CAN'T FORCE A RESIDENTIAL UNIT TO BUFFER BECAUSE THAT'S THERE.
AND FI IT IS NOT JUST ABOUT THIS UNIT BECAUSE ONE, IF YOU APPROVE THIS ONE, WHAT'S TO SAY? THEY CAN'T COME BACK AND PUT ANOTHER ONE ON THE PARKING LOT RIGHT NEXT TO IT? HOW WOULD THEY BE STOPPED IF WE, IF WE USE THE SAME THING, IF SOMEONE HAS THREE ACRES OF LAND IN EDGEMONT, AND I CAN THINK OF SOMEBODY WHO DOES, OKAY, HAS THREE ACRES OF LAND IN EDGEMONT, WHY COULDN'T THEY TAKE ONE OF THOSE ACRES RIGHT NOW UNDER THIS SPECIAL PERMIT AND, AND PUT THIS IN THE MIDDLE OF A RESIDENTIAL NEIGHBORHOOD? IT ISN'T SO SCREENED AS NORWOOD.
AGAIN, IT IS NOT ABOUT THE KNOW WHAT PROJECT ITSELF.
IT WILL NOT SLOW IT DOWN TO APPEAL.
AND YOU DO NOT, I DON'T THINK, WANT THIS DECISION TO BE ON THE BOOKS BECAUSE IT'S CREATING BAD LAW AND IT CLEARLY WAS NOT DESIGNED TO, TO ADDRESS THIS.
ANYONE ELSE WOULD LIKE TO SPEAK? NO OTHER COMMENTS? MONA? MONA? MONA, MONA DOES OKAY.
MONA, YOU SOUND BETTER WHEN YOU'RE NOT MUTED.
I I KNOW MY, MY PHONE JUST MY PHONE JUST RANG AT THE SAME TIME.
SO, UM, ONE OF THE THINGS THAT I, I RECENTLY WAS IN NORTH CAROLINA AND HAD A CHANCE TO VISIT ONE OF THEIR LOCATIONS THERE IN WILSON.
AND ONE OF THE THINGS THAT HUGH JUST SAID RESONATED THE, UM, BATTERY STORAGE SYSTEM IN NORTH CAROLINA IS SO SUCCESSFUL THAT THEY ARE NOW BIDDING OUT TO, UM, ENHANCE IT AND THEY WANT MORE.
SO I CAN SEE WHERE THIS COULD EASILY HAPPEN.
WHAT HAPPENS IF THIS IS VERY SUCCESSFUL AND THEY WANT MORE? AND IT GOES FROM WHAT CURRENTLY IS TO MORE.
SO WHAT YOU'RE SAYING HERE REALLY DOES RESONATE WITH ME BECAUSE, YOU KNOW, WHEN I WAS SPEAKING TO THEM DOWN THERE, THEY'RE LIKE, OH YEAH, WE'VE HAD IT FOR A YEAR AND A HALF AND WE'RE OUT TO BID FOR MORE.
IT'S VERY SUCCESSFUL AND WE'RE VERY HAPPY WITH THE JOB THEY'RE DOING AND, YOU KNOW, BLAH, BLAH, BLAH.
SO WHAT YOU JUST SAID REALLY RESONATED.
SO THIS COULD IN FACT COME TRUE.
SO I JUST WANNA ADD THAT TO WHAT YOU SAID.
CAN, CAN I ASK YOU A QUESTION, MONA? SURE.
WHAT, WHAT, WHAT TYPE OF, UH, LOCATION WAS THE BATTERY STORAGE THROUGH? WAS IT A COMMERCIAL, UH, UH, INDUSTRIAL AREA? IT WAS, IT WAS IN WHAT WE WOULD REFER TO AS A CONED SUBSTATION ONLY.
THEY DON'T HAVE CONED, THEY HAVE HOVER ELECTRIC.
YEAH, IT WAS AN ELECTRIC SUBSTATION, UM, THE EQUIVALENT OF CONED DOWN IN NORTH CAROLINA, DUKE ENERGY.
UM, SO YEAH, IT WAS, UM, VERY DEEP OFF THE, UH, A MAIN ROAD.
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YOU TRAVELED SEVERAL YARDS DOWN A LONELY DIRT ROAD, AND IT WAS IN A GATED, UM, FENCED IN AREA.I TOOK A LOT OF PICTURES WITH MY CAMERA AND I SENT THEM TO AARON AND I BELIEVE HE'LL BE ABLE TO SEND THEM TO ALL OF YOU SO YOU CAN SEE SOME OF THE PICTURES, BUT IT'S BEHIND A LOCKED, CHAINED IN LINKED FENCE.
YEAH, I'LL ROTATE THEM SO EVERYONE CAN SEE THEM RIGHT SIDE UP AND THEN I'LL RECIRCULATE THEM OUT TO THE BOARD MEMBERS.
YEAH, BY THE TIME THEY GOT TO AARON, THEY WERE SIDEWAYS FROM MY PHONE.
UM, BUT YEAH, THERE WAS A COUPLE OF, YOU KNOW, OTHER THINGS THAT I CAN TELL YOU ABOUT IT.
BUT YEAH, BASICALLY IT WAS NOT IN A RESIDENTIAL AREA.
IT WAS FAR FROM A RESIDENTIAL AREA.
I THINK KI WANTED TO WAS, DID KI HAVE HIS NAME UP? I'D LIKE TO SPEAK AT SOME POINT.
IF, IF CAR NO BACK, TOM, IF CORT HAS ALREADY, UH, SAID HE WANTED TO SPEAK UP, I FOLLOW HIM.
UM, I RESPECT EVERYTHING THAT WALTER AND, UM, HUGH SAID.
I AGREE WITH MOST OF IT, BUT I HAVE TO SAY I'M VERY UNCOMFORTABLE WITH, UM, THE IDEA OF, YOU KNOW, REQUESTING AN APPEAL OF THE BUILDING PERSPECTIVE DECISION.
I I KNOW WE'RE LIVING IN AN UNPRECEDENTED TIME, AS YOU'VE HEARD, A MILLION TIMES.
SO BREAKING PRECEDENCE IS, UM, SOMETHING I AM NOT TAKING LIGHTLY, ESPECIALLY AFTER TODAY.
WE'RE AN INVOLVED AGENCY, NOT THE LEAD AGENCY.
YOU PROVIDED A VERY POINTED, VERY DETAILED OPINION, AND IN ADDITION, WALTER AND HUG WENT TO TOWN BOARD MEETINGS, MAKING PLEAS IN PERSON.
I'M DISAPPOINTED THAT NO DECISIVE ACTION IS TAKEN, BUT THAT'S WHERE WE ARE.
WHILE THE CURRENT SPECIAL PERMIT LAW DOESN'T SPECIFICALLY ALLOW THIS TYPE OF INSTALLATION, IT ALSO DOES NOT CLEARLY PROHIBIT IT.
SPECIFICALLY THE LEGAL ARBITER, AS I UNDERSTAND IN THIS CASE, IS THE BUILDING INSPECTOR.
HE STATED THE APPLICATION MEETS THE LAW AND SHOULD BE ALLOWED.
HE CONFIRMED HIS ORIGINAL DECISION IN A FOLLOW UP TO US IN NOVEMBER.
THE FIRE DEPARTMENT HAS NO OBJECTION.
I KNOW THERE'S BEEN A GROUNDSWELL OF CONCERN ABOUT POSSIBLE HAZARDOUS RISKS TO DATE, BUT ONE LIE, THE DEMONSTRATED TRACK RECORD AND TESTING, TESTING RESULTS OF THIS SPECIFIC TYPE OF INSTALLATION DOESN'T JUSTIFY THAT LEVEL OF CONCERN, IN MY OPINION.
YES, I AM VERY CONCERNED ABOUT THE PRECEDENT SET BY PROVING THIS APPLICATION UNDER THE EXISTING SPECIAL PLAN, ESPECIALLY SINCE THERE'S NO GUARANTEE THAT THE LAW IS GONNA BE REVISITED QUICKLY, ALTHOUGH THAT A MORATORIUM MIGHT BE IMPOSED.
I CERTAINLY WOULD LIKE TO MAKE THAT HAPPEN AND HELP MAKE THAT HAPPEN.
HOWEVER, AND I'M NOT A LAWYER, AS ARE NOT MOST OF US ON BOARD, THE WAY THE CURRENT LAW IS WRITTEN DOESN'T SEEM TO BE QUITE AS OPEN-ENDED AS HAS BEEN PUT FORWARD BY MANY PARTIES.
I MEAN, IT LOOKS TO ME LIKE THE TOWN HAS A GOOD AMOUNT OF DISCRETION TO LIMIT UNDESIRABLE USES.
IT SAYS THE LAW IS SUBJECT TO SUCH CONDITIONS AS THE TOWN BOARD MAY DEEM APPROPRIATE FOR THE PROTECTION OF ADJOINING USES AND THE CHARACTER OF THE GIVEN DISTRICT.
I CAN'T TELL YOU EXACTLY WHAT IT MEANS.
AGAIN, I'M NOT A LAWYER, WHICH IS ONE REASON I'M CONCERNED ABOUT THE PLANNING BOARD VENTURING INTO, YOU KNOW, LEGAL FINE POINTS THAT ARE OUTSIDE MOST OF OUR PURVIEW.
I FEEL LIKE WE'RE IMPOSING OUR VIEW OF THE LAW 'CAUSE WE FEEL STRONGLY ABOUT IT.
PERHAPS WHEN THE LEGALLY DECIDING PARTIES HAVE ALREADY MADE THE DECISION ENOUGH OF THAT'S BEEN GOING ON TODAY.
IT MIGHT OPINION, UM, BUT I'M NOT, I'M NOT RULING OUT THAT I MIGHT NOT GO ALONG WITH E P L.
I'M SAYING I'M, I'M COMFORTABLE WITH IT.
AND ALSO I FEEL LIKE WE'RE BEING PRESSURED BY SOME OUTSIDE PARTIES TO MAKE THAT CHALLENGE.
AND IT DOESN'T SIT WELL WITH ME.
YOU KNOW, ANYONE CAN MAKE THE CHALLENGE IF THERE'S A GROUP OR AN INDIVIDUAL THAT FEELS STRONGLY ABOUT IT, YOU KNOW, THEY COULD MAKE THAT CHALLENGE.
YOU KNOW, I DON'T KNOW IF I WANT CROSS THE LINE IN JUST SAYING, OKAY, NOW THE PLANNING BOARD'S GONNA START PUSHING BACK ON THIS STUFF, EVEN IF WE FEEL STRONG, IF WE FEEL STRONGLY, EVEN IF THERE'S SOME GOOD JUSTIFICATIONS.
AGAIN, I DO BELIEVE WE NEED TO QUICKLY CREATE AN PROOF LAW CONCERNING THESE TYPES OF, UM, APPLICATIONS.
AND I'D LIKE TO ADDRESS THIS AS QUICKLY AS POSSIBLE.
I'M NOT AWARE OF WHAT IS BEING PROPOSED ON CENTRAL AVENUE.
I'VE HEARD SOME THINGS BEING PROPOSED, DON'T
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KNOW THE SCALE, DON'T KNOW EXACTLY WHERE, BUT, UH, SO I'M A BIT CONFLICTED ABOUT THIS NOT AS BLACK AND WHITE AS, UH, SOME OF THE OTHERS.UH, WALTER? YEAH, CAN I, CAN I SAY A FEW THINGS? HELLO? SURE.
UM, I AGREE WITH, UH, UH, TOM HAD SAID, AND I THINK HE SAID VERY ELOQUENTLY, THE, THE SORT OF THE, UH, PATH THAT WE ARE ON AND WHAT THE SORT OF LIKE, UH, OPTIONS THAT WE ARE, UH, LOOKING AT IT.
UH, AND SAYING THAT I, I LIKE TO LOOK BACK THE THINGS THAT HAS BEEN HAPPEN IN TOWN OF GREENBERG, UH, BUT THE DIFFERENT TECHNOLOGY COMING IN AND HOW WE REACTED.
UH, FOR EXAMPLE, THE, UH, THE TELEPHONE, THE, THE CELL PHONE TOWERS, AND THERE WAS A BIG HUGE COMMOTIONS AND, AND, AND, AND, UH, UH, KIND OF NOT UNDERSTANDING WHAT IT'S GONNA DO.
AND THEN A TOWN END UP BEING ITS WHOLE SEPARATE COMMITTEE, THE LAWS AND OTHER STUFF.
AND WHAT HAPPENED AFTER, I DON'T KNOW, 20 YEARS OR 15 YEARS, THAT THERE WAS A DIRECTIVES CAME FROM THE FEDERAL GOVERNMENT TO, UH, US TO BE SHAPE UP WITH OUR LAW TO COMPLY WITH THE FEDERAL GUIDELINES.
AND I DON'T WANT IT TO BE US PROMOTING THAT KIND OF, UH, BEING, BEING THE ARBITRATOR OF TECHNOLOGY COMING IN AND, AND, AND LOOKING AT A LARGER PICTURE AND THE PAST EXPERIENCE.
I THINK, UH, LEAVE IT TO THE THINGS THAT WE KNOW AND WHAT WE ARE CHARGED TO DO.
AND THEN I THINK I HAD A DISCUSSION WITH WALTER ON THE SIDE, AND I THINK I AGREE WITH ALL THE THINGS THAT WE SHOULD REALLY, UH, PROPOSE TO HAVE A TECHNICAL COMMITTEE I EXPERT, TO REALLY LOOK AT IT AND GUIDE US, UH, IN A, IN THE RIGHT DIRECTION, NOT TO REALLY CREATE A TOO MUCH COMPLICATED LAWS THAT WE ULTIMATELY, UH, IS BECOME BIRTHLESS BECAUSE THE TECHNOLOGY KEEP CHANGING IT, TECHNOLOGY EVOLVES AND, UH, AND, AND WE KIND OF LOCK OURSELF INTO SOMETHING THAT, UH, UH, MANY OF PEOPLE DON'T LIKE IT.
UH, AND I KNOW THE, THE SIDE EFFECT OF THE, UH, THAT SELL TOWER THINGS THAT AREAS THAT I LIVE FOR A LONG TIME, I DID NOT HAD A GOOD RECEPTION.
AND PRIMARILY BECAUSE THE LAWS, THAT WAS, I MEAN, THAT'S WHAT I HEARD.
I DON'T KNOW EXACTLY FOR THE FACT, BUT BECAUSE THE TOWN WAS SO RESTRICTIVE, ALLOWING THEM, PUTTING A TOWERS IN A WAY SO THAT ALL THE PEOPLE IN THE TOWN OF GREENBURG HAS A GOOD RECEPTION.
AND SO I DON'T WANT TO KIND OF FIGHT THE TECHNOLOGY OR WITHOUT UNDERSTANDING WHAT THE TECHNOLOGY'S ABOUT.
AND I THINK THIS TECHNOLOGY IS EVEN MORE CRAZIER AND MORE COMPLICATED AND MORE SIDE EFFECTS, UH, IF SOMETHING GOES WRONG.
BUT, UH, I DON'T THINK WE, WE HAVE A REALLY, UH, ANY POINT TO REALLY OBJECT TO THE, THE WAY, UH, THIS TECHNOLOGY IS COMING AND, AND IMPACTING THE LAND USE PART OF IT.
SO I AGREE WITH TOM THAT, UH, UH, AND, AND I AGREE THAT I'M NOT A LAWYER, BUT I'VE BEEN A PLANNER AND BEEN, BEEN IN MANY PLACES TO BE LIKE THIS WHERE, UH, LET'S NOT, UH, UH, AND LET'S NOT KIND OF STOP IT OR CREATING A UNNECESSARY, UH, ROADBLOCK, UH, WHERE WE ARE REALLY NOT, UH, COM NOT EXPERT ON IT.
UH, BUT I DO AGREE THAT WE NEED TO HAVE A EXPERT COMING IN AND, UH, HELPING TO KIND OF LOOK AT IT AS OTHER PRECEDENTS.
AND RIGHT, MONA SAYS ABOUT IT THERE, THERE ARE OTHER PLACES THEY'RE DOING HAVE DONE IT, AND THEY'RE VERY HAPPY ABOUT IT AND, AND WANTED TO EXPAND.
UH, UH, COULD, UH, I'D BE INTERESTED IN, UH, HOW, UH, MICHAEL AND MONA FEEL ABOUT THIS MON YOU DESCRIBED, UH, THE TOWER, BUT I WOULD BE INTERESTED IN HOW YOU AND HOW MIKE FEELS ABOUT THE WHOLE ISSUE OF, UH, APPEALING AND WHETHER OR NOT YOU THINK IT IS, UH, JUSTIFIES AND MR. SNA ONE AND OH, JONATHAN ALSO.
[00:35:01]
ONE OF YOU THREE.I'D LIKE TO GET EVERYBODY TO, UH, GIVE THEIR, I'LL GO.
I AM NOT COMFORTABLE WITH, UM, THE APPEAL.
I THINK THAT WE WERE VERY SUCCESSFUL WITH WHAT WE DID, WORKING TO COME UP WITH A PLAN, UM, WITH THE, UM, CONTINUING CARE FACILITY.
I THINK IT CAN BE DONE IN A SIMILAR FASHION.
I THINK WE CAN COME UP WITH A CODE WORKING AS A GROUP, WHICH SEEMS TO BE THE WAY THAT THEY'RE LOOKING TO DO THINGS AND BRING IN A CONSULTANT.
I JUST DON'T THINK WE NEED TO GO THAT FAR AS TO APPEAL.
AND I DON'T THINK IT'S OUR ROLE AS A PLANNING BOARD TO DO THAT.
I JUST DON'T THINK IT'S OUR ROLE.
AND I AGREE WITH TOM, IF OTHER PEOPLE ARE SO ADAMANT ABOUT DOING IT, LET THEM DO IT.
I DON'T THINK THAT'S OUR ROLE AS A PLANNING BOARD TO DO THAT.
AND, UH, MICHAEL, GO AHEAD, JOHAN.
YEAH, SO MY THINKING IS WE WANT TO EVOLVE WITH TECHNOLOGY.
I'M GLAD THAT OUR TOWN WAS CONSIDERED IS BEING CONSIDERED FOR, UH, SUCH A FACILITY.
UM, IT SHOWS THAT WE'RE, SHOULD WE APPROVE IT EVENTUALLY WE'RE FORWARD THINKING.
HOWEVER, THERE'S BEEN SOME ADVANCEMENTS OVER THE LAST, YOU KNOW, A HUNDRED YEARS WITHIN SOCIETY THAT WE'VE SEEN TO HAVE AN ADVERSE EFFECT ON THE, UH, ENVIRONMENT OVERALL, I DON'T THINK IT'S AN OVERABUNDANCE OF PRECAUTION FOR US TO INSIST ON ADDITIONAL RESEARCH BEING DONE.
UH, I DON'T SEE AN ALTERNATIVE TO APPEALING THE, UM, THE BUILDING INSPECTOR'S, UH, DECISION.
IF THERE WAS, THEN WE COULD TAKE THAT PATHWAY, UM, ALONG THOSE LINES.
WOULD IT MAKE SENSE FOR THAT TOWN THAT MONA VISITED TO HAVE CONVERSATIONS WITH THEM TO SEE IF THEY DID SUCH A STUDY PRIOR TO, AND IN THE EVENT THAT THEY DID, PERHAPS WE COULD PIGGYBACK OFF OF THAT RESEARCH.
IF IT'S NOT AVAILABLE, THEN I THINK IT WOULD MAKE SENSE FOR US TO GO THROUGH THE, UM, THE EXERCISE OF HAVING AN EXPERT HELP US TO MAKE THAT DECISION RESPONSIBLY FOR THE TOWN.
WE'RE ALL IN AGREEMENT THAT THIS IS A GOOD IDEA AND THAT IT WOULD, UM, HELP THE TOWN OVERALL, UH, IN SEVERAL DIFFERENT WAYS.
SO I DON'T THINK THAT'S THE ISSUE.
IT'S JUST ABOUT HOW WE GO ABOUT MAKING SURE THAT THERE AREN'T ANY CONCERNS THAT WE MIGHT OVERLOOK IN OUR ATTEMPT TO, UH, SUPPORT THE IDEA OVERALL.
SO IF THERE WAS A VOTE TODAY, MY VOTE WOULD BE TO, UH, CHALLENGE THE, UM, THE BUILDING INSPECTOR'S DECISION, UNDERSTANDING THAT IT IS A NEW PRECEDENT.
I KNOW IT'S PROBABLY NOT SOMETHING THAT WE WANT TO CONTINUOUSLY DO IN BREAKING TRADITION, BUT, UH, GIVEN THE FEEDBACK, I DIDN'T SEE THE TOWN BOARD MEETING YESTERDAY, BUT GIVEN THE FEEDBACK FROM WALTER AND HUGH, I, I FEEL THAT, UH, IT, IT WARRANTS A LITTLE BIT MORE CONSIDERATION BY THOSE PEOPLE THAT HAVE THE AUTHORITY TO DO SO AND MAKE DECISIONS.
BEING THAT THAT WASN'T DONE IS LEFT UP TO US, UM, TO AT LEAST LEVERAGE WHATEVER INFLUENCE WE CAN TO, TO HAVE AN OUTCOME THAT WOULD BE, UM, WELL THOUGHT OUT AND INFORMED.
I KNOW I HAVE TO TELL JOHANN HOWEVER THAT MONA, IT'S MY, WAIT, WAIT, WAIT, WAIT.
LET EVERYBODY SPEAK ONCE PHIL, WE GO AROUND.
UM, UM, WITH THE, WITH THE TIP OF MY HAT TO TOM, I AM A LAWYER AND I THINK THE BUILDING INSPECTOR'S DECISION WAS CLEARLY WRONG, THAT IN MY MIND IT WASN'T A BIG GRADE.
UM, AND WE MADE OUR POSITION CLEAR IN SOME VERY WELL WRITTEN, YOU KNOW, MEMOS TO THE TOWN BOARD.
I THINK IT'S THE TOWN BOARD'S RESPONSIBILITY AT THIS POINT TO DECIDE WHAT TO DO OR THIRD PARTIES IS TOM, YOU KNOW, YOU KNOW, CORRECTLY POINTS THAT, UM, I DON'T THINK WE SHOULD GET INVOLVED IN AN APPEAL AND I WOULD VOTE NO.
[00:40:03]
OKAY.SO I HAVE TO TELL JOHANN THAT THE BATTERY STORAGE FACILITY THAT I VISITED, THEY DIDN'T LEASE THEY OWN, AND IT'S OWNED BY THE ENERGY COMPANY.
SO IT'S A LITTLE DIFFERENT SCENARIO THAN WHAT WE'RE LOOKING AT.
WALTER, A LITTLE BIT MORE, CAN I SPEAK PLEASE? I'D LIKE TO ADDRESS, I'D LIKE TO ADDRESS WHAT TOM AND, UM, TOM AND CHRIS SAID ACTUALLY.
AND THEN AFTER YOU, AFTER YOU, YOU WILL GO BACK TO TOM.
FIRST OF ALL, THIS IS NOT ANALOGOUS TO THE C C F, THE C C F, WE DID NOT HAVE A LAW.
UH, IT WAS PROPOSED BY THE A, A LAW WAS PROPOSED BY THE APPLICANT THAT WE THEN WORKED ON.
IN THIS CASE, WE DO NOT HAVE A LAW PERIOD THAT WAS CONFIRMED BY OUR OWN PLANNING COMMISSIONER AT LAST NIGHT'S MEETING.
THERE IS NO LAW THAT ALLOWS US IN THE TOWN PERIOD.
AND FOR US TO IGNORE THAT FACT.
WE ARE THE PREEMINENT LAND USE COMMITTEE IN THE TOWN.
IN FACT, UNDER THAT, THAT RESPONSIBILITY, WE HAVE THE RIGHT TO APPEAL UNDER THE LAW.
IT'S IN THE CODE THAT WE HAVE THE RIGHT TO APPEAL.
SECOND, WE'RE NOT IMPOSING OUR WILL ON ANYBODY.
WHAT WE'RE DOING IS REFERRING A DECISION TO THE PEOPLE WHO ACTUALLY DO HAVE THE ULTIMATE SAY IN THIS, WHO IS NOT THE BUILDING INSPECTOR.
YOU KNOW, THREE YEARS AGO, WE NEVER WOULD'VE MADE A RECOMMENDATION ON A, ON AZO, ON A ZONING VARIANCE TO THE ZONING BOARD.
WE NEVER WOULD'VE DONE IT BECAUSE WE HAD NEVER DONE THAT BEFORE.
AND YOU KNOW WHAT HAPPENED? WE HAD A JOINT MEETING WITH THE ZONING BOARD.
WALTER REMEMBERED, AND I THINK MICHAEL REMEMBERED VERY WELL, AND THEY SAID, OH, WE'D LIKE TO HEAR YOUR OPINION ON THIS.
SO, YOU KNOW, TIMES DO CHANGE MY FRIENDS, AND WE ARE THE LAND USE COMMITTEE.
AND IF YOU DON'T DO ANY, AND BY THE WAY THAT YOU COULD THROW IT BACK IN THE TOWN BOARD'S LAP, NOW, GUESS WHAT? IT'S TOO LATE THE LAST DAY TO APPEAL.
THIS IS JANUARY 12TH, THEY'RE MEETING ON THE 13TH.
SO IT'S TOO LATE FOR THEM TO APPEAL IT.
SO THE ONLY ONLY AVENUE TO APPEAL IS US, OR ARE TELLING THE COMMUNITY TO DO IT.
FORCING THE COMMUNITY TO DO SOMETHING THAT WE KNOW WE SHOULD BE DOING.
IN THIS CASE, WE KNOW AS AN INCORRECT DECISION MAKES NO SENSE.
WE ARE GONNA HAVE TO, IF NOTHING HAPPENS, WE HAVE NO GUARANTEE A MORATORIUM WILL HAPPEN.
WE HAVE NO GUARANTEE OR WHEN A NEW LAW WILL BE IMPLE IMPLEMENTED.
OKAY? WHAT WE NEED TO DO TO ENCOURAGE THAT NEW LAW TO BE IMPLEMENTED AS SOON AS POSSIBLE IS TO, TO REVERSE THIS BAD DECISION.
INCORRECT, EXCUSE ME, DECISION BY THE BUILDING INSPECTOR.
AND LET'S NOT THINK THIS IS A PERSONAL AFFRONT ON OUR BUILDING INSPECTOR.
HE'S A FINE, HE DOES A FINE JOB.
WE JUST HAPPEN TO DISAGREE WITH HIM IN THIS ONE CASE AND IS OUR LEGAL RIGHT? AND I THINK OUR RESPONSIBILITY AS A LAND USE BOARD AT THIS POINT, TO JUST REFER IT TO THE, TO THE AUTHORITY THAT ACTUALLY IS THE, THE PENULTIMATE AUTHORITY BEFORE YOU GET TO THE COURTS.
THE PEN ULTIMATE AUTHORITY IN OUR TOWN FOR INTERPRETING THE ZONING CODE IS NOT THE BUILDING INSPECTOR, IT'S THE Z B A.
AND ALL WE'RE DOING IS ASKING THE Z B A TO TAKE A LOOK AT IT.
AND IF THEY DECIDE, DECIDE TO AGREE WITH THE BUILDING INSPECTOR, FINE.
BUT IT'S, BUT, BUT TO, TO PUT OUR HEAD IN THE SAND AND LET THIS GO AHEAD THIS WAY WITH NO GUARANTEE OF WHAT THE TOWN BOARD'S GONNA DO AT THIS POINT, DOESN'T MAKE ANY SENSE.
WALTER AND I LITERALLY WE'RE, WE'RE WAITING UNTIL WE HEARD WHAT THEY DID LAST NIGHT TO DECIDE WHETHER OR NOT WE EVEN WANTED TO BRING THIS UP TO THIS BOARD.
AND MAYBE IF THEY HAD PASSED THE MORATORIUM LAST NIGHT AND TAKEN SOME ACTION LAST NIGHT, WE WOULD BE THINKING DIFFERENTLY.
BUT THEY PUT US IN THIS POSITION AND FRANKLY, I CARE MORE ABOUT WHAT HAPPENS TO THE TOWN OKAY.
AND JUST REMEMBER WHAT THE POTENTIAL RAMIFICATIONS ARE IF YOU DON'T CHANGE IT.
YOU'RE LEAVING IT UP TO CHANCE.
TOM, UH, WANTED TO SAY SOMETHING?
[00:45:02]
SO I HAVE A QUESTION I WANNA ASK YOU MINUTE, BUT FIRST I WANNA SAY THANK YOU, YOU, THAT WAS, THAT HELPED ME A LOT.THERE WERE VERY GOOD ARGUMENTS AND I THINK WHAT REALLY STRUCK ME IS THE, THE VERY REAL POSSIBILITY THAT NO ACTION WILL BE TAKEN UNLESS, YOU KNOW, UM, WE TAKE A STAND.
AND EVEN THOUGH I'M UNCOMFORTABLE WITH IT, IT MAY BE WHAT HAS TO HAPPEN TO SAY, OKAY, YOU HAVE TO STOP AND WE HAVE TO GET TOGETHER AND MAKE SOMETHING HAPPEN, BECAUSE IT MAY OR MAY NOT OTHERWISE.
BUT, SO MY QUESTION IS NOT HAVING GONE THROUGH THIS BEFORE, SAY WE REQUEST AN APPEAL, WHAT IS THE PROCESS? WHAT IS THE TIMING? YOU SAID IT, UH, EARLIER TO YOU, YOU DON'T THINK IT'S GONNA DELAY THE, THE PROJECT POTENTIALLY, BUT I DON'T UNDERSTAND THE MECHANISM OF THE TIMING, NOT TO GO INTO SOME HUGE DISCUSSION, BUT CAN SOMEBODY TOP LINE THAT FOR ME? DAVE? I THINK YOU COULD PROBABLY DESCRIBE THE PROCESS THE BEST.
UM, I MEAN, WHAT YOU, WHAT WE WANT IS A VOTE TONIGHT SO THAT WE WOULD TRANSFER THAT, UH, TO THE, UM, ZONING BOARD.
YOU'D NOTIFY THE ZONING BOARD, THE APPLICANT, UM, AND OBVIOUSLY THE BUILDING INSPECTOR.
UM, AND THEN IT GOES INTO THE HANDS OF THE Z B A AND THE Z B A, UM, WOULD SCHEDULE IT.
I DON'T HAVE CONTROL WITH Z P A AND SCHEDULING, SO, SO I DON'T KNOW IF THEY WOULD HAVE IT FOR THIS MEETING.
YOU KNOW, THE, THE MEETING THIS MONTH.
UM, AND I DON'T KNOW HOW THEY SET UP THEIR CALENDAR.
I WOULD PRESUME, I MAY BE WRONG, BUT I PRESUME THAT, UH, THEY WOULD BE ABLE TO, UM, HEAR THE APPEAL AT THE, AT THEIR FEBRUARY MEETING.
AND, AND THE, IF THE GO TO ANSWER YOUR QUESTION, TOM, ABOUT THE PROCEDURE, IF THE VOTE IS TO APPEAL, WE WROTE WHAT WE WROTE TO THE, THE TOWN BOARD IS PRETTY MUCH OUR CASE.
WE GO, WE USE THAT DOCUMENT, MAYBE WE CHANGE SOME WORDS AROUND, BUT BASICALLY WE ALREADY LAID OUT OUR CASE.
SO WE JUST MODIFIED THAT DOCUMENT AND, UH, AND PRESENT THAT, YOU KNOW, I'LL PRESENT IT, YOU CAN PRESENT IT, UH, AND WE'LL JUST GO TO FRONT OF THE Z B A WITH THAT DOCUMENT.
WE MODIFIED THE DOCUMENT AND MAKE AND SEND IT AROUND TO THE PLANNING BOARD.
AND THAT WOULD BE OUR CASE NOW.
UH, AND, AND THAT WILL BE THE PROCEDURE AFTER THAT.
A AFTER THAT IT'LL BE UP TO THE, AS THE DAVID SAID, IT'LL BE UP TO THE, UH, ZONING BOARD TO SCHEDULE AND
WE COULD EVEN ASK THEM FOR AN EXPEDITED APPEAL, I GUESS, DAVE, RIGHT? WE RARELY, EXCUSE ME, DAVE, COULD WE ASK THEM FOR AN EXPEDITED APPEAL? AND YOU CAN ASK.
I, I MEAN, WHAT, WHAT I I'LL SAY IS JUST THIS IS GENERAL KNOWLEDGE, NOT ABOUT THIS SPECIFIC THING IS THEY GENERALLY DO HAVE, LIKE, WE OFTEN HAVE OUR CALENDAR IN PLACE.
I DON'T KNOW WHAT THEIR CALENDAR'S LIKE, I DON'T KNOW IF THEY WOULD BE PREPARED FOR THE JANUARY MEETING, BUT YOU COULD CERTAINLY ASK, UH, FOR THAT.
BUT YOU'D ALSO OBVIOUSLY WANNA HAVE THE INFORMATION AVAILABLE AND THERE ARE, YOU KNOW, THE APPLICANT AND THE BUILDING INSPECTOR WOULD ALSO, UM, WANNA BE HEARD ON IT.
SO THE ANSWER IS YES, YOU CAN ASK FOR IT.
IT'S REAL, I DON'T KNOW REALISTICALLY IF IT'S FOR THE JANUARY MEETING OR NOT.
THAT'S UP TO THE MEETING IN TERMS OF TIMING.
I JUST WANNA ADDRESS SOMETHING ELSE TOM SAID.
'CAUSE YOU'RE RIGHT, TOM, THERE WAS AN ALTERNATIVE, WHICH IS THE DISCRETION OF THE TOWN BOARD TO PUT INTO THIS PARTICULAR SPECIAL PERMIT ENOUGH, ENOUGH, UH, SAFEGUARDS THAT WE COULD BE COMFORTABLE WITH THE NORWOOD PROPERTY.
OKAY? EXCEPT THAT DOESN'T GET RID OF THE PRECEDENT.
SECOND OF ALL, IT'S GONNA TAKE TIME TO DO THAT.
THAT'S WHY THEY'RE HIRING THE EXPERT.
WHAT DO WE PUT IN THERE RIGHT NOW? WE DON'T KNOW ENOUGH YET.
THESE THINGS MAY BE THE PERFECT THING, YOU KNOW, THE BEST THING SINCE SLICED BREAD HAVE NO PROBLEMS. ACTUALLY, I DO HAVE AN ARTICLE THAT SAYS THERE ARE ISSUES WITH THEM ALSO.
THEY HAVEN'T BEEN AROUND LONG ENOUGH TO KNOW WHAT HAPPENS AS THEY AGE.
UM, FINALLY, ONE OTHER THING I WANNA SAY ABOUT ADDRESS
WE ACTUALLY HAVE THE MODEL LAW FROM NYSERDA.
SO WE ARE ACTUALLY COORDINATING WITH THE STATE AND WHAT THE STATE HAS RECOMMENDED AS A TEMPLATE FOR DRAFTING NEW LAWS IN THE, IN THIS CASE.
SO WE AREN'T DO GOING DOWN THE ANTENNA ROUTE.
GARRETT HAS ALREADY PROMISED, AND I'M SURE HE WILL AND AARON OF BEING VERY DILIGENT IN, IN SEARCHING THROUGHOUT NEW NEW YORK STATE
[00:50:01]
FOR MODEL LAWS THAT WE CAN LOOK AT AS WELL.WE'VE ALSO BEEN IN CONTACT WITH THE PACEON LAND USE INSTITUTE ALREADY.
OKAY? UH, MIKE SIEGEL REACHED OUT TO THE PACEON LAND USE INSTITUTE, IS INTERESTED IN HELPING US MAKE SURE THAT THE RIGHT LAW IS DRAFTED.
WHATEVER THAT LAW IS, IS THE EXACT LAW THAT WE WANT TO USE FOR NO, THAT'S THE POINT.
AND IT'S NOT TO SLOW TO KILL NO WOOD.
WE ALL, WE WANT TO TELL NO WOOD, HEY, WE THINK WE CAN DO THIS.
WE JUST NEED TO CRAFT THE RIGHT CONTROLS SO THAT EVERYBODY'S COMFORTABLE.
RIGHT? AND WHAT, BUT WE ALSO DON'T WANT TO BE OUT THERE HANGING WITH A PRECEDENT THAT ALLOWS ANYBODY TO COME IN AND DO THIS.
ONES IN CENTRAL AVENUE ARE NOT RELATED TO THIS APPEAL WHATSOEVER.
THE ONES IN CENTRAL AVENUE ARE IN THE CENTRAL AVENUE DISTRICT, WHICH IS A COMMERCIAL DISTRICT, NOT A RESIDENTIAL DISTRICT.
THIS, THE LAW, THE SPECIAL PERMIT THEY'RE USING IS IN THE RESIDENTIAL DISTRICT.
AND WHAT THEY'RE PLANNING TO DO IS, IS CALL IT AN ACCESSORY USE AND THEN COME TO THE PLANNING BOARD FOR, UH, AMENDED SITE PLAN.
UNFORTUNATELY, WE DON'T HAVE A GOOD DEFINITION OF ACCESSORY USE EITHER.
SO WE DON'T EVEN, 'CAUSE SOME OF THESE CLEARLY SHOULD JUST BE DONE BY THE BUILDING INSPECTOR, AND SOME SHOULD BE DONE BY SPECIAL PERMIT, DEPENDING ON THE SIZE.
WE DON'T KNOW WHAT THE ANSWER TO THAT IS EITHER.
AND THAT WOULD HAVE TO BE INCORPORATED INTO THE NEW LAW.
WE NEED A COMPREHENSIVE NEW LAW ON THIS.
WE NEED A COMPREHENSIVE NEW LAW ON, ON THE, UH, SOLAR FIELDS AND ON ON THE WIND FARMS, ALL THREE OF THEM.
WHAT WE DON'T NEED TO DO IS USE A LAW THAT DOESN'T EXIST THAT WAS NEVER INTENDED FOR THIS USE, AND ALLOW THAT TO GO FORWARD.
IF, IF THE ZONING BOARD DECIDES TO LET THAT GO FORWARD.
THEY'RE THE, THEY'RE THE ULTIMATE ARBITER HERE.
AND I, AND I ALSO AGREE WITH, WALTER SAID SOMETHING EARLY ON, AND I AGREE, YOU KNOW, YOU DON'T LIKE TO PULL THE RED, YOU DON'T LIKE TO PICK UP THE RED PHONE VERY OFTEN.
AND I WOULDN'T WANT TO PICK UP THE RED PHONE VERY OFTEN.
AND, YOU KNOW, WE DON'T HAVE TO, BECAUSE YOU KNOW WHAT? OUR BUILDING INSPECTOR DOES A DAMN GOOD JOB.
OKAY? THIS IS A CASE WHERE I DON'T THINK HE, HE MADE THE RIGHT DECISION.
OKAY? THEREFORE, I THINK WE NEED TO BRING IT TO THE HIGHER AUTHORITY.
AND, AND, AND I'D JUST LIKE TO ADD TO THAT, UH, ALTHOUGH, UH, UH, WHAT PAUL FINDER, UH, ADVOCATED WITH THE, UH, WITH THE MORATORIUM AS INDICATED BEFORE, IT IS NOT A, UH, I DON'T AGREE WITH EVERYTHING, BUT AT LEAST THAT'S THE START.
AND AT LEAST IF, UH, THE TOWN BOARD HAD PUT IN A MORATORIUM, IT, IT, YOU KNOW, IT HAS SOME ISSUES ASSOCIATED WITH THAT.
BUT AT LEAST YOU'LL PUT THE BRAKES ON THE PROCESS TEMPORARILY SO YOU COULD GET A NEW LAW.
SO THAT'S GOING BACK TO WHAT I SAID ORIGINALLY, UH, JUSTIFIED FOR US TO TAKE AN ACTION.
AND THE, AND THE THIRD POINT IS THAT WE AS A BOARD MAKE THE DECISION BASED UPON THE FACTS.
WE, WE GET, UH, UH, UH, PUBLIC INPUT IN ALL OF OUR DECISIONS.
BUT AT THE END OF THE DAY, WE MAKE THE DECISION BASED UPON THE FACTS IN FRONT OF US.
AND THAT'S WHAT WE SHOULD BE DOING REGARDLESS, UH, UH, OF AND, UH, UH, OF WHAT THE POSITION OF ANY EL ANYONE ELSE MIGHT BE, IS THAT WE MUST BE OBJECTIVE AND LOOK AT THE FACT WE CONSIDER OTHER OPINIONS.
BUT AT THE END OF THE DAY, IT HAS TO STAND ON ITS OWN MERIT.
AND I THINK THIS PARTICULAR, UH, UH, UM, APPEALING TO THE Z P A STANDS ON ITS OWN MERIT AND IT'S JUSTIFIED.
UH, FINALLY, WALTER, ONE OTHER THING FOR THE RECORD.
TOM, YOU MADE A COMMENT ABOUT, UH, COMMUNITY PRESSURE FOR THE RECORD, WE ASKED FOR THE BUILDING INSPECTOR'S WRITTEN OPINION WELL BEFORE THE COMMUNITY WAS EVEN AWARE OF THIS.
SO WE HAVE, THIS HAS NOTHING TO DO.
WELL, WE WELCOME COMMUNITY OPINION ON THINGS.
OUR VIEW ON THIS IS OUR, THE VIEW FROM BEING A PLANNING BOARD MEMBER AND FOR WHAT WE THINK IS RIGHT FOR THE TOWN, NOT FROM, FROM LETTERS THAT WE MAY, MAY HAVE BEEN SENT TO US BY VARIOUS COMMUNITY MEMBERS.
OKAY? IF THERE'S NO OTHER COMMENTS, I, I, I THINK WE ALL HAD AN OPPORTUNITY
[00:55:01]
TO EXPRESS OUR OPINION.UH, SO AT THIS POINT, I THINK WE SHOULD PUT IT TO A VOTE WHETHER OR NOT, SO I WOULD, UH, I'LL MAKE THE PROPOSAL.
I PROPOSE THAT WE APPEAL THE BUILDING INSPECTORS DECISION, UH, IN REGARDS TO A BATTERY STORAGE FACILITY.
UH, I'D LIKE TO GO AROUND THE TABLE AND, UH, AND ASK FOR INDIVIDUAL VOTE.
UH, I, PARDON? I, I WILL SUPPORT IT BASED ON THE DISCUSSIONS, UH, THE MOST RECENT DISCUSSIONS FROM, FROM HUGH AND WALTER, I FEEL, UM, YOU PUSHED ME OVER THE LINE, NOT A FLIP FLOP.
I THINK, UH, LOOKING AT THE KIND OF, UH, UH, THE ARGUMENTS FOR PRO AND AGAINST, I, I THINK I'M MORE, I'M MORE CONFUSED THAN BEFORE.
AND SO I THINK I WANTED TO, UH, BE, UH, ABSTAIN OR NEUTRAL.
UH, MICHAEL, I OPPOSE, I THINK THE TOWN BOARD SHOULD DECIDE.
UH, UM, JOHAN, I THINK WE SHOULD APPEAL.
THE TOWN BOARD HAD THEIR CHANCE LAST NIGHT AND DECIDED NOT TO, SO LET'S MOVE FORWARD.
AND, UH, DID I GET EVERYONE, TOM, MONA, NEED? MONA, MONA, MONA, I'M OPPOSED.
I JUST DON'T THINK THIS IS OUR RULE.
OKAY, SO WE HAVE TWO OPPOSED ONE ABSTENTION AND FOUR IN FAVOR.
SO, UH, YES, UH, UM, NOW THAT THE MOTION HAS CARRIED, I DID WANNA CORRECT ONE FACTUAL STATEMENT YOU MADE AT THE VERY BEGINNING WITH RESPECT TO JACKSON AVENUE.
IT WAS NOT MR. FRIDA WHO WAS BUILDING INSPECTOR AT THE TIME, IT WAS MR. LUCIDO.
AND I'M SURE THAT YOU THAT FOR THE PURPOSES OF THE MINUTES, THAT WE THAT'S OKAY TO CORRECT, UH, TO REFLECT THAT.
YEAH, PHIL, THAT IS, THAT'S THE FACTUAL INFORMATION THAT IT WAS, IT WAS, IT WAS JOHN LACTO.
IF THAT'S THE FACTUAL INFORMATION DIMINISH SHOULD BE ACCURATE.
SO THE NEXT THING ON THE AGENDA, OH, LEMME GET MY, UH, UH, OH, THERE'S, UH,
THAT'S PB NO, THAT'S TB 20 DASH 10, WHICH IS A PLANNING BOARD 2021.
DO WE HAVE A REPRESENTATIVE FOR YES, YOU DO.
GOOD EVENING, MR. CHAIRMAN, MEMBERS OF THE BOARD, DAVID STEINMETZ FROM THE LAW FIRM OF ZA AND STEINMETZ.
GOOD TO SEE ALL OF YOU AND, UH, LOOKS LIKE EVERYONE IS WELL.
AND, UH, I GUESS IF WE SURVIVE TODAY, WE CAN SURVIVE ANYTHING, RIGHT? YES.
UM, I'M JOINED, UH, THIS EVENING BY STEVE MARKER FROM BRIGHTVIEW, UM, OUR NORMAL TEAM, MY PARTNER DAVID COOPER, DIEGO VILLA FROM J M C.
UM, AND I BELIEVE BOTH ANDY NATHAN AND COREY RAVEN FROM METROPOLIS COUNTRY CLUB ARE ON AS WELL.
WE'RE GONNA TRY TO BE, UM, UH, EFFICIENT THIS EVENING WITH YOU.
I THINK TAKING ONE HALF A STEP BACK SINCE WE LAST APPEARED, I BELIEVE YOU'RE ALL AWARE WE SECURED A NEGATIVE DECLARATION FROM THE TOWN BOARD AS LEAD AGENCY.
THE SPECIAL PERMIT LEGISLATION WAS ADOPTED.
UH, WE WERE REFERRED NOW BACK TO YOUR BOARD, AND WE ARE HERE TONIGHT TO BEGIN FOCUSING ON, UM, SOME MORE OF THE, OF THE DETAILS TONIGHT.
WE'D LIKE TO JUST COVER WITH YOU THE SITE PLAN, THE PROPOSED SUBDIVISION PLAT, BREAKING OFF, UH, THE NECESSARY LOTS FROM THE METROPOLIS COUNTRY CLUB, AND WE'LL DESCRIBE THOSE.
UM, TALKING A LITTLE BIT MORE ABOUT THE CONSERVATION EASEMENT AREA, WHICH, UM, HAS BEEN MAPPED AND FINALIZED, AND WE WANT TO DESCRIBE THAT WE HAD SHOWN YOU A PRELIMINARY ILLUSTRATION.
DIEGO'S GOING TO COVER THAT IN GREATER DETAIL, UH, AND TALK ABOUT TREES, LANDSCAPING AND STORM STORMWATER MANAGEMENT.
[01:00:01]
UH, ALL OF YOUR QUESTIONS.UH, WE ALSO,
SO WITH THAT AS OUR INTRODUCTION, I'M GONNA TURN IT OVER TO DIEGO SO HE CAN SCREEN SHARE, GO THROUGH SOME OF THESE PLANS AND DETAILS, AND THEN WE'RE HAPPY TO ADDRESS ANY QUESTIONS, MR. CHAIRMAN THAT YOU AND THE BOARD HAVE.
UM, FOR THE RECORD, DIEGO VI WITH J M C, WE'RE THE ENGINEERING AND PLANNING CONSULTANT, UH, WORKING ON BEHALF OF BRIGHTVIEW SENIOR LIVING.
UH, IF IT'S OKAY, MR. CHAIRMAN, I'D LIKE TO SHARE MY SCREEN.
I HAVE A NUMBER OF BITS THAT, UH, COULD BE UTILIZED.
I WAS MAKING ALL THAT NOISE TRYING TO FIND MY PLAN, SO I'M GLAD THAT YOU'RE PUTTING IT ON THE SCREEN.
IF YOU COULD LET ME KNOW WHEN YOU SEE MY SCREEN, YOU DO SEE THE AERIAL MAP? YES.
SO, A NUMBER OF THESE EXHIBITS, UH, THIS BOARD I'M SURE IS VERY FAMILIAR WITH AT THIS POINT.
UM, YOU KNOW, WE'VE SPENT A LOT OF TIME WITH YOUR BOARD, UM, PROCESSING THE INITIAL APPLICATION AND NOW BE, WE'RE BEFORE YOU WITH, UH, SOME OF THOSE FINE DETAILS THAT REALLY WERE RESERVED FOR THE SITE PLAN REVIEW PROCESS.
UM, BUT AGAIN, DURING THAT INITIAL, UH, ZONING PROCESS, WE REALLY DEVELOPED THESE PLANS IN GREAT DETAIL.
SO WE HAD AN OPPORTUNITY TO REVIEW A LOT OF THE DIFFERENT PIECES OF THE PROJECT, AND ALL OF THOSE HAVE REMAINED CONSISTENT WITH WHAT WE'VE SHOWN YOU TO DATE.
THERE ARE NO SIGNIFICANT CHANGES TO THE SITE PLAN, ACCESS POINTS, DRIVEWAYS, ET CETERA, THE BUILDING DESIGN, ALL OF THAT HAS REALLY REMAINED CONSISTENT WITH EVERYTHING THAT YOU'VE SEEN DATE.
UM, AS DAVID HAS INDICATED, YOU KNOW, NOW THAT WE'RE INTO THE SITE PLAN SUBDIVISION PROCESS, UH, I'M GONNA START WITH THE SUBDIVISION PIECE OF IT.
UM, GO THROUGH THE VARIOUS LOTS THAT ARE BEING CREATED AND, AND HOW WE'RE COMPLYING WITH THE VARIOUS ASPECTS OF THE CODE.
SO THE FIRST MAP THAT YOU SEE IN FRONT OF YOU IS REALLY AN OVERALL EXISTING CONDITIONS MAP THAT SHOWS THE PROPERTY ITSELF.
IT DOESN'T SHOW THE FULL GOLF COURSE PROPERTY THAT'S, UH, JUST UNDER 132 ACRES.
UM, IT REALLY FOCUSES IN ON THE AREA THAT'S BEING WORKED ON AND THE PORTION OF THE PROPERTY THAT'S BEING SUBDIVIDED OFF OF THE GOLF COURSE PROPERTY.
AND, UH, WHAT YOU CAN SEE HERE ON YOUR SCREEN IS THIS HIGHLIGHTS IN RED THE PORTION OF THE PROPERTY THAT IS BEING SUBDIVIDED AND SOLD TO BRIGHTVIEW SENIOR LIVING.
AND THEN YOU HAVE THE REMAINING PORTION OF THE PROPERTY THAT IS REMAINING IN THE GOLF COURSES, UM, OWNERSHIP.
UM, SO WHAT WE'RE DOING AT THE END OF THE DAY IS REALLY CREATING THREE LOTS.
ONE IS, UH, AGAIN, THE GOLF COURSE PROPERTY.
THE SECOND ONE IS BEING TRANSFERRED TO BRIGHTVIEW, WHICH IS HERE.
AND THEN THE THIRD ONE IS CREATING A LOT THAT WILL ENCOMPASS THE CONSERVATION EASEMENT ITSELF.
IT IS NOT A BUILDABLE LOT, AND IT'S IDENTIFIED IN THAT FASHION IN, UH, ON THE PLATE DRAWING.
IT IS STRICTLY BEING CREATED, UH, AND WILL BE ENCUMBERED BY THE CONSERVATION EASEMENT THAT WILL BE RECORDED AS PART OF THIS PROCESS.
SO AGAIN, THAT'S WHY WE'RE DEALING WITH A THREE LOT SUBDIVISION AS OPPOSED TO A TWO LOT SUBDIVISION.
SO, LOT ONE IS THE GOLF COURSE PROPERTY THAT WILL REMAIN, WHICH WILL BE 123.8 ACRES, AND THAT WILL HAVE A MAJORITY OF THE GOLF COURSE, THE CLUBHOUSE, ALL THE AMENITY SPACES, ET CETERA.
LOT TWO IS FIVE ACRES, WHICH IS THE MINIMUM LOT AREA REQUIRED UNDER THE SPECIAL PERMITS, IF YOU DO HAVE THOSE SUPPLEMENTAL THREE ACRES THAT ARE GONNA BE ENCUMBERED BY THE, UH, CONSERVATION EASEMENT.
SO THAT'S THAT 3.17 ACRES RIGHT HERE.
THAT'S LOT THREE, WHICH EXTENDS FROM DOBBS FERRY ROAD ALONG THE PERIMETER OF THE BRIGHTVIEW PROPERTY BETWEEN BRIGHTVIEW AND THE GOLF COURSE PROPERTY, BUT THEN ALSO EXTENDS IN THIS NORTHEAST FASHION ALONG THE RESIDENTIAL PROPERTIES THAT ARE IN THE NEIGHBORHOOD ALONG DOBBS FERRY ROAD.
THIS JUST SUPERPOSES THE SITE PLAN AND SHOWS, YOU KNOW, HOW THE SITE PLAN FITS WITHIN THE FIVE ACRES THAT WE'RE SUBDIVIDING OFF.
AND THEN AGAIN, REALLY IS JUST HERE TO EMPHASIZE AND SHOW HOW THAT THREE ACRE CONSERVATION AREA IS 50 FEET WIDE ALONG ITS ENTIRE LENGTH, STARTING ALONG DOPPS FERRY ROAD, AND THEN AGAIN, RUNNING ALONG THE NEIGHBOR'S,
[01:05:01]
UH, REAR PROPERTY LINES, SEPARATING THE GOLF COURSE, UM, FROM THOSE RESIDENTIAL PROPERTIES.SO THAT IS THE SUBDIVISION PLAN ITSELF.
NOW JUST DIVING INTO THE SITE, PLAN A BIT FURTHER, THIS, NOW WE ZOOM INTO THE EXISTING CONDITIONS ON THE PROPERTY.
UH, THIS IS THE AERIAL PHOTOGRAPH.
AGAIN, I KNOW YOU'RE VERY FAMILIAR WITH IT, SO HOPEFULLY I'M NOT REPEATING MYSELF TOO, TOO MUCH.
DOBBS FERRY ROAD IS ON THE BOTTOM PORTION OF THE PROPERTY HERE.
AND, AND YOU SEE THE FRONT PORTION OF THE PROPERTY WAS REALLY ENCUMBERED OR, UH, OCCUPIED BY THE MAINTENANCE COMPONENT OF THE GOLF COURSE.
THEY HAD THEIR EXISTING MAINTENANCE BUILDING.
THEY HAD THE, THESE GREEN SPACES IN THIS AREA HERE.
THEY HAD A LARGE STORAGE YARD WITH EQUIPMENT AND WOOD PILES, ET CETERA, THAT WAS STORED ALONG THE FRONTAGE OF THE PROPERTY.
AND THIS WAS THE MAIN ACCESS THAT LED TO THE CLUBHOUSE AND, UH, THE GOLF COURSE PROPERTY.
UH, IT'S DIRECTLY OPPOSITE THE OFFICE BUILDING IN THIS AREA HERE.
WHAT'S, YOU KNOW, THE PLAN DOES A GOOD JOB OF SHOWING WHAT EXISTS ON THE PROPERTY.
WHAT IT DOESN'T REALLY GIVE YOU A SENSE OF, AS I KNOW YOU'RE FAMILIAR WITH, IS THE TOPOGRAPHY AND THE RELIEF THAT EXISTS FROM DOBBS FERRY ROAD TO THE BACK PORTION OF THE PROPERTY.
THERE IS SIGNIFICANT GRADE CHANGE AS YOU GO FROM DOBBS FERRY ROAD.
THIS SLOPES UPHILL, AND THEN YOU GET TO THE UPPER LEVEL AND THE PARKING LOTS, UH, IN THE BACK PORTION OF THE PROPERTY THERE.
UM, UH, AGAIN, THIS AREA IS HIGHLY DISTURBED.
THERE IS VEGETATION AND EXISTING TREES THAT EXIST IN THE FRONTIER, UM, ALONG THE FRONTAGE OF THE PROPERTY.
AND THEN THERE'S CLUSTERS OF TREES IN DIFFERENT POCKETS IN DIFFERENT AREAS.
BUT AGAIN, THE MAJORITY OF THE AREA IS HIGHLY DISTURBED.
NOW WE CAN DIVE INTO A LITTLE BIT OF THE SITE PLAN.
AGAIN, THIS SITE PLAN IS 100% CONSISTENT WITH WHAT WAS PRESENTED TO THIS BOARD AT THE LAST MEETING.
UM, THE BUILDING ITSELF, UH, SOMETHING WE'VE SPOKEN ABOUT A LOT WORKING WITH BRIGHTVIEW IS NOT A COOKIE CUTTER STYLE BUILDING.
WE ARE NOT TAKING A PROTOTYPE AND TRYING TO MAKE THE SITE WORK WITH THE BUILDING.
UH, BRIGHTVIEW LOOKS AT EACH INDIVIDUAL LOCATION AND DESIGNS A BUILDING THAT'S SUITED FOR THE PROPERTY.
WE TALKED ABOUT THE TOPOGRAPHIC RELIEF.
UH, ONE OF THE THINGS THAT WE'RE BEFORE YOUR BOARD FOR IS A STEEP SLOPES PERMIT.
THE PROPERTY DOES CONTAIN STEEP SLOPES, SO IN AN EFFORT TO MINIMIZE DISTURBANCE TO STEEP SLOPES AND DISTURBANCE TO THE, UH, SURROUNDING AREAS, WORKING WITH BRIGHTVIEW, WORKING WITH THE ARCHITECT, THEY DESIGNED A BUILDING THAT REALLY STEPS ITSELF INTO THE HILLSIDE TO REALLY CUT DOWN AND MINIMIZE THE DISTURBANCE AREA THAT'S REQUIRED TO CONSTRUCT THE BUILDING.
SO WHAT YOU END UP WITH IS A BUILDING, UH, ALONG THE DOBBS FERRY ROAD FRONTAGE, AND THEN IT ACTUALLY STEPS INTO THE HILLSIDE.
SO BY THE TIME YOU GET TO THE BACK PORTION OF THE PROPERTY HERE, HOPEFULLY YOU COULD SEE MY MOUSE, UH, IN THE BACK PORTION OF THE PROPERTY.
WE'RE USING THE BUILDING TO MAKE UP THAT TOPOGRAPHIC RELIEF ALONG THE BACK PORTION OF THE PROPERTY.
THE BUILDING ITSELF IS 155 UNITS, SENIOR LIVING COMMUNITY, UH, CONSISTING OF INDEPENDENT LIVING, ASSISTED LIVING AND MEMORY CARE UNITS.
THE BUILDING FOOTPRINT ITSELF IS JUST ABOUT 52,000 SQUARE FEET, WHICH AGAIN, COMPLIES WITH THE SPECIAL PERMIT REQUIREMENT WHERE THE PRINCIPAL BUILDING CANNOT EXCEED 16%, UM, OF THE COVERAGE.
NOW, ONE IMPORTANT THING TO NOTE IN ACCORDANCE WITH THE SPECIAL PERMIT CRITERIA, BECAUSE WE HAVE THIS THREE ACRE CONSERVATION EASEMENT, THE BULK CRITERIA AND THE VARIOUS REQUIREMENTS ARE BASED ON THE EIGHT ACRES THAT'S CREATED.
WE HAVE THE FIVE ACRES FOR THE BRIGHTVIEW PROPERTY, AND THEN THE THREE ACRES FOR THE CONSERVATION EASEMENT ITSELF.
SO THE BULK CRITERIA IS BASED ON THE EIGHT ACRES, UH, OF LAND AREA FOR THE PROPERTY.
UM, THE BUILDING ITSELF IS JUST ABOUT 175,000 SQUARE FEET, WHICH AGAIN, COMPLIES WITH THE F A R REQUIREMENTS OF 0.5 FOR THE SPECIAL PERMIT CRITERIA.
AND THE BUILDING IS UP TO FOUR STORIES TALL, I SAY UP TO, BECAUSE THERE'S VARIATIONS IN THE BUILDING.
AGAIN, WORKING WITH THIS BOARD, WORKING WITH THE TOWN BOARD, WORKING WITH THE NEIGHBORS, SPENT A GREAT DEAL OF TIME WITH THE NEIGHBORHOOD AND, AND WORKING WITH THE ADJACENT PROPERTY OWNERS.
UM, WE HAVE A BUILDING THAT IS FOUR STORIES, BUT THAT'S REALLY LIMITED TO THE MIDDLE PORTION OF THE BUILDING HERE THAT, UH, THAT ARM THAT CONNECTS THE FRONT AND BACK, AND THEN THE MIDDLE PORTION THAT SURROUNDS THAT INTERIOR COURTYARD.
WHEN YOU'RE ALONG THE FRONT PORTION OF THE BUILDING THAT FACES DOBBS FERRY ROAD.
THAT WAS THE PORTION OF THE BUILDING THAT WAS REDUCED DOWN TO THREE STORIES.
AND YOU ACTUALLY HAVE A PORTION OF THE BUILDING WHICH STEPS DOWN TO TWO STORIES, UM, ON THIS EAST NORTHEASTERN CORNER OF THE PROPERTY.
SO IT REALLY HAS A NUMBER OF VARIATION.
IT'S NOT A CONSISTENT BUILDING.
IT'S A RESIDENTIAL CHARACTER BUILDING.
[01:10:01]
IT'S GOT SLOPED ROOFS.SO JUST AS YOU KNOW, THE OTHER COMMUNITY, UM, UH, THAT BRIGHTVIEW OWNS AND OPERATES IN THE TOWN OF GREENBURG.
IT, IT, AGAIN, IS VERY RESIDENTIAL IN CHARACTER, VERY HIGH QUALITY DESIGN.
THE ACCESS TO THE PROPERTY IS VIA TWO DRIVEWAYS, TWO CURB CUTS.
YOU HAVE THE MAIN DRIVEWAY OFF OF DOBBS FERRY ROAD THAT AGAIN, WILL FEED AND CONTINUE TO SERVE THE GOLF COURSE PROPERTY.
UH, BUT THERE WAS THAT INTERCONNECT THAT WAS MADE TO ENTER THE BRIGHTVIEW PROPERTY AS WELL, WORKING WITH THE D O T AND WORKING WITH YOUR TOWN.
UH, AND THE, UM, UH, YOUR, YOUR TRAFFIC CONSULTANT, UH, MR. CANNING, WHO I BELIEVE IS ON THE CALL TONIGHT AS WELL.
UM, WORKED AND WENT THROUGH BACK AND FORTH.
A NUMBER OF QUESTIONS, COMMENTS, WORKED WITH D O T, UH, ON ADDRESSING THE ACCESS POINTS ALONG DOBBS FERRY ROAD.
WE HAVE THE MAIN DRIVEWAY THAT COMES IN, WHICH IS A BOULEVARD STYLE DRIVEWAY.
AGAIN, THIS FEEDS THE GOLF COURSE PROPERTY.
AND THEN THERE'S THE INTERCONNECT INTO THE BRIGHTVIEW COMMUNITY.
WE'RE INSTALLING A LEFT TURN LANE INTO THIS DRIVEWAY.
SO, UH, THAT IS ALL BEING DONE WITHIN THE EXISTING PAVED WIDTH OF DOBBS FERRY ROAD.
RIGHT NOW, WE HAVE A SECOND DRIVEWAY LOCATION THAT IS DESIGNED AS A RIGHT IN, RIGHT OUT DRIVEWAY ONLY.
SO YOU'RE NOT GONNA BE PERMITTED TO MAKE A LEFT TURN ONTO DOBBS FERRY ROAD.
ANYBODY WISHING TO MAKE A LEFT TURN WOULD COME OUT TO THIS MAIN DRIVEWAY AND THEY'D BE ABLE TO PROCEED OUT.
WE'VE SUBMITTED THIS PLAN TO THE D O T, AND WE RECEIVED PRELIMINARY FEEDBACK FROM THEM, AND THEY SAID OUR CONCEPTUAL DESIGN IS ACCEPTABLE.
SO WE ARE NOW MOVING INTO, UH, ASSUMING ALL THE ENTITLEMENTS ARE SECURED, WE CAN MOVE INTO THE CONSTRUCTION DOCUMENT PHASE WITH THE D O T, UH, FOR THE DRIVEWAY IMPROVEMENTS THAT ARE PROPOSED ONSITE CIRCULATION FOR THE BRIGHTVIEW COMMUNITY, AGAIN, YOU HAVE THE TWO DRIVEWAY ACCESS POINTS.
THE MAJORITY OF THE PARKING IS LOCATED IN THE FRONT PORTION OF THE PROPERTY HERE.
UH, THERE'S THE PORTIER AND THE ENTRANCE WHERE YOU HAVE THE ABILITY TO DROP OFF, UH, A RESIDENT OR DROP OFF SOMEBODY TO THE COMMUNITY, AND THEN UTILIZE THE PARKING THAT'S ALONG THE FRONT PORTION OF THE PROPERTY.
THERE'S A TOTAL OF A HUNDRED PARKING SPACES THAT IS PROPOSED TO SERVE THE COMMUNITY, WHICH AGAIN, EXCEEDS THE REQUIREMENTS UNDER THE SPECIAL PERMIT PARKING CRITERIA.
UM, THERE IS A, SOME ADDITIONAL PARKING IN THIS AREA HERE.
THIS IS WHERE SERVICE AND, UH, LOADING WILL OCCUR.
UM, AGAIN, WORKING HARD AND WORKING WITH THE DESIGN.
UH, THIS IS NOT A TYPICAL LOADING AREA.
WE'VE HAD THIS CONVERSATION IN THE PAST.
IT'S NOT THE BACK, HOW BACKSIDE OF A A SHOPPING CENTER BUILDING.
IT'S JUST REALLY WHERE YOU ENTER, UH, THE BUILDING.
EVERYTHING IS BEING STORED WITHIN THE BUILDING ITSELF.
SO WE DON'T HAVE ANY EXTERIOR TRASH ENCLOSURES THAT WOULD BE LOCATED IN THAT AREA EITHER.
THIS AREA WAS DESIGNED TO BE ABLE TO ACCOMMODATE A TRUCK TURNING AROUND AND OTHER THINGS.
AND NOW IT'S IMPORTANT TO NOTE, YOU KNOW, SOMETHING THAT WE WORKED WITH THIS BOARD ON AS WELL.
THIS DRIVEWAY DESIGN ALONG, UH, THE NORTH NORTHEASTERN SIDE OF THE PROPERTY UP AGAINST THE RESIDENTIAL PROPERTIES, IF YOU RECALL, UH, THIS IS WHERE WE MADE SOME MODIFICATIONS TO THE DRIVEWAY DESIGN.
WE PULLED IT FURTHER AWAY FROM THE PROPERTY LINE.
UH, WE'VE CREATED THIS 15 FOOT LANDSCAPE TO BUFFER UP AGAINST THAT.
UM, BASED ON COMMENTS THAT WE RECEIVED FROM THIS BOARD, THIS IS AREAS WHERE WE ACTUALLY REDUCED THE DRIVEWAY WIDTH AS WELL, TO CUT DOWN ON IMPERVIOUS AREAS.
SO THERE WAS A NUMBER OF IMPROVEMENTS THAT WERE MADE ALONG THIS FRONTAGE TO, UH, PROVIDE ACCESS AROUND THE PERIMETER OF THE BUILDING.
THE FIRE DEPARTMENT WANTED TO MAINTAIN 360 DEGREE ACCESS AROUND THE PERIMETER OF THE BUILDING.
BUT WORKING WITH THEM AND WORKING WITH THIS BOARD, WE WERE ABLE TO REDUCE, YOU KNOW, THE WIDTH OF IT IN SOME LOCATIONS AS WELL.
AN IMPORTANT THING TO NOTE HERE TOO, THIS DRIVEWAY IS ALSO SET DOWN FROM THE EXISTING GRADE.
WE HAVE A RETAINING WALL IN THIS AREA.
THE WALL IS ABOUT 10 FEET HIGH ALONG THIS.
SO AS A CAR IS DRIVING UP THIS CORRIDOR HERE, EVEN IF YOU'RE STANDING IN THE BACKYARD HERE, YOU'RE NOT GONNA SEE THAT CAR BECAUSE IT'S SET DOWN ABOUT 10 FEET.
UM, WORKING WITH THE NEIGHBORS.
WE'RE ALSO INSTALLING A CONSISTENT OPAQUE FENCE ALONG THE TOP OF THIS.
SO YOU HAVE THAT RETAINING WALL, AND THEN YOU ALSO HAVE THE FENCE THAT'S BEING INSTALLED, AND YOU HAVE THE 15 FEET OF LANDSCAPING.
ALL THAT'S HAPPENING ALONG THIS FRONTAGE.
AGAIN, THAT WAS JUST BACK AND FORTH WITH THIS BOARD AND STAFF AND EVERYBODY ELSE TO TRY TO DESIGN SOMETHING ALONG THOSE RESIDENTIAL PROPERTIES THAT PROVIDED THE SCREENING THAT EVERYBODY FELT WAS APPROPRIATE.
UM, UH, THE OTHER THING, SITE CIRCULATION WITH, UH, SIDEWALKS.
WE DO HAVE SIDEWALKS THAT HAVE BEEN DESIGNED ALONG THE ENTIRE PERIMETER OF THIS BUILDING.
UH, WALKABILITY AND SIDEWALKS IS IMPORTANT TO THE COMMUNITY.
[01:15:01]
RECREATION AND OPEN SPACE IS IMPORTANT TO THE COMMUNITY AND TO IMPORTANT TO BRIGHTVIEW.UM, YOU, YOU'RE FAMILIAR WITH THEIR OTHER COMMUNITY IN THE TOWN, AND YOU, YOU SEE THE QUALITY OF LANDSCAPING, THE MAINTENANCE, WHAT IS PUT INTO THAT ON A REGULAR BASIS.
SO WORKING WITH THE ARCHITECTS AND WORKING WITH BRIGHTVIEW, WE DESIGNED A WALKWAY AROUND THE ENTIRE PERIMETER OF THE PROPERTY.
WE ALSO DESIGNED THESE VARIOUS GARDEN AREAS THAT SURROUND THE PROPERTY, THAT PROVIDE ALL OF THESE RECREATION OPPORTUNITIES, UH, FOR THE RESIDENTS OF THIS COMMUNITY.
IN ADDITION TO THAT, THIS SIDEWALK CONNECTS TO THE SIDEWALK THAT'S BEING INSTALLED ALONG THE FRONTAGE OF THE PROPERTY AS WELL.
UM, WE ARE INSTALLING SIDEWALKS ALONG THE ENTIRE FRONTAGE OF OUR PROPERTY ALONG DOBBS FERRY ROAD.
AND, UH, WE'RE ACTUALLY TAKING IT ONE STEP FURTHER, UH, ALL THE WAY DOWN TO THE INTERSECTION OF NORWOOD ROAD AND WEST HARTSDALE AVENUE.
AND WE LOOKED AT AND LOOKED AT ALL THE OBSTRUCTIONS THAT WE HAVE TO DEAL WITH AND FIGURED OUT DIFFERENT WAYS TO DEAL WITH THIS.
BUT THERE'S OVER 1800 LINEAR FEET OF SIDEWALK THAT'S BEING INSTALLED AS PART OF THIS PROJECT AS WELL.
UM, AND PROVIDING THAT FULL CONNECTION, UH, BETWEEN THE TWO.
GETTING BACK TO THE SITE PLAN, WE ALSO DID PROVIDE RENDERINGS.
UM, THIS WAS SOMETHING THAT WAS SHARED WITH THE BOARD.
THESE ARE THE LATEST VERSIONS OF THESE RENDERINGS THAT YOU SEE.
THE BUILDING DESIGN ALONG DOBBS FERRY ROAD.
THIS IS LOOKING, UH, NEAR THE MAIN ENTRANCE.
THIS IS THE PORT OF SHARE IN THIS AREA HERE.
AND THIS IS WHERE YOU SEE, UH, THE THREE STORY PORTION OF THE BUILDING THAT FACES DOBS HARRY ROAD.
AND YOU DON'T EVEN SEE THE FOUR STORIES THAT FACES THAT INNER COURTYARD PORTION OF THE BUILDING.
NEXT ONE HERE IS LOOKING UP FROM THE INTERSECTION, UH, THE MAIN ENTRANCE.
THIS IS THE DRIVEWAY THAT CIRCLES UP TO.
UM, UH, THE GOLF COURSE PROPERTY, AGAIN, SHOWS THE GRADE CHANGE THAT EXISTS HERE AND ALL THE LANDSCAPING THAT'S BEING UTILIZED TO REALLY SCREEN A PORTION OF THE BUILDING AND, UH, SHOWS THE DIFFERENT PORTION OF THE BUILDING IN THIS AREA.
OKAY, THIS NEXT ONE WAS THE RENDERING THAT LOOKS FROM THE NEIGHBOR'S PROPERTY.
UH, THIS IS THAT OPAQUE FENCE THAT YOU'LL SEE ALONG THAT ENTIRE FRONTAGE.
AGAIN, THIS IS WHERE YOU SEE THAT GRADE CHANGE THAT EXISTS ALONG, UH, UH, THAT DRIVEWAY.
AND THAT'S WHY WE'RE ABLE TO SCREEN AND, UM, SHIELD THE MAJORITY OF THE BUILDING.
AND YOU COULD STILL SEE VERY RESIDENTIAL IN CHARACTER.
AND, UH, UH, DID A GOOD JOB OF PROVIDING A SIGNIFICANT AMOUNT OF LANDSCAPING ALONG THIS ENTIRE FRONTAGE OF THE PROPERTY.
HERE WITH THE LANDSCAPING PLAN, WE DID DEVELOP A VERY DETAILED LANDSCAPING PLAN THAT PROPOSES OVER 200, IT'S 221, I BELIEVE, TO BE EXACT DECIDUOUS, EVERGREEN, AND FLOWERING TREES THAT IS GONNA BE PLANTED THROUGHOUT THE PROPERTY.
A MAJORITY OF THE TREES ARE BEING UTILIZED ALONG THE BUFFERS AND ALONG THE, THE GOLF COURSE PROPERTY.
AND THEN THERE'S A NUMBER OF FLOWERING TREES AND ORNAMENTAL TREES THAT ARE BEING STALLED WITHIN THE GARDEN AREAS ITSELF.
WE UNDERSTAND THAT WE NEED TO COMPLY WITH YOUR NEW TREE ORDINANCE AND TREE REPLACEMENT.
WE'RE WORKING WITH AN ARBORIST AS WE SPEAK, AND WE'LL, UH, SUBMIT THOSE FINAL CALCULATIONS FOR THE ENVIRONMENTAL VALUES AND REPLACEMENTS THAT WE'RE DOING, UM, UM, ARE APPROPRIATE.
UM, THE NEXT PIECE THAT I JUST WANT TO HIT ON, AGAIN, PART OF THE SITE PLAN APPLICATION IS, UH, THE STORMWATER MANAGEMENT.
WE DID DEVELOP A STORMWATER POLLUTION PREVENTION PLAN, UM, UH, FOR THE PROPERTY ITSELF THAT HAS, UH, A DETAILED ANALYSIS OF THE STORMWATER COMPONENTS.
THAT WAS SOMETHING THAT WAS OF INTEREST TO THE D O T ALONG DOBBS FERRY ROAD, AS WELL AS, UH, THE NEIGHBORING PROPERTY ACROSS THE STREET WITH THE OFFICE BUILDING.
UH, EVERYBODY WAS VERY INTERESTED IN THE STORMWATER IMPROVEMENTS THAT ARE BEING DONE.
UH, WE HAVE A NUMBER OF UNDERGROUND INFILTRATION SYSTEMS THAT'S DESIGNED TO PROMOTE AND PUT WATER BACK INTO THE GROUND, AS OPPOSED TO DISCHARGING IT OFF THE SITE.
WE'RE COLLECTING ALL OF THE WATER THAT COMES OFF OF THE PROPERTY AND, UH, BEFORE IT DISCHARGES INTO DOBBS FERRY ROAD, WE'RE COLLECTING IT, TREATING IT, AND CONVEYING IT DOWNSTREAM SO THAT IT'S NOT SHEET FLOWING AND RUNNING OFF INTO THE ROADWAY, WHICH IS SOMETHING THAT THE D O T HAS BEEN CONCERNED WITH.
I KNOW YOUR D P W DEPARTMENT, WHO WE'VE MET WITH SEVERAL TIMES, HAS ALSO BEEN CONCERNED WITH THAT.
AND, UM, UH, UH, WE'RE REALLY TRYING TO ADDRESS THAT WITH THE DEVELOPMENT OF THIS FULL STORMWATER POLLUTION PREVENTION PLAN THAT'S, UH, DESIGNED IN ACCORDANCE WITH YOUR REGULATIONS AS WELL AS THE NEW YORK STATE DE C'S REGULATIONS.
UM, THAT, THAT'S WHERE I'D LIKE TO STOP.
THAT'S REALLY JUST AN OVERVIEW OF THE SITE PLAN AND THE DETAILS AND ALL OF THE INFORMATION THAT'S REALLY BEEN PUT BEFORE THIS BOARD.
AGAIN, IT'S ALL GEARED TOWARDS THE SITE PLAN DESIGN,
[01:20:01]
THE LANDSCAPING, THE TREE REMOVALS, THE STEEP SLOPES, ALL OF THE PERMITS IN THE SUBDIVISION, OF COURSE, THAT, UH, THE, THIS BOARD IS, UH, UH, WE'RE REQUESTING APPROVAL FROM FOR THIS BOARD ON.SO, HAPPY TO ANSWER ANY QUESTIONS, BUT, UH, IF THERE'S ANYTHING I MISSED, PLEASE LET ME KNOW.
JEREMY, BEFORE THE BOARD JUMPS IN, WE KNOW THAT, UH, THAT WAS PHENOMENAL, DIEGO.
UH, AND, AND OBVIOUSLY THAT'S WHAT WE NEEDED TO MAKE SURE WE PUT IN FRONT OF THE BOARD AND THE PUBLIC JUST TO, TO BOIL IT DOWN.
AND WE'RE HAPPY TO GO THROUGH ALL OF THE DETAILS 'CAUSE WE KNOW WE JUST THREW AN AWFUL LOT OF INFORMATION.
DIEGO, IF YOU COULD STOP THE SCREEN SHARING FOR A MOMENT, PLEASE.
HOW'S THAT? JUST, I KIND OF WANT TO, WANT TO GO HIGH LEVEL AND, AND, AND SET IT UP FROM THERE.
SO, IN TERMS OF THE MAJOR POINTS THAT WE WANTED TO MAKE SURE GOT ACROSS, MOST OF THE ITEMS THAT I'M GONNA LIST ARE THINGS THAT WERE EITHER REQUESTED BY YOUR BOARD OR REQUESTED BY THE NEIGHBORS.
SOME WERE REQUESTED BY THE
AGAIN, THIS PROJECT STARTED LARGER AND IT WAS REDUCED AS A RESULT OF INPUT.
UM, THE MASSING, WE SPENT A LOT OF TIME ON THE MASSING ISSUE, AND IT WAS LARGELY YOUR BOARD'S COMMENTS ASKING US TO SHIFT SOME OF THAT MASSING, UM, AWAY FROM THE FRONTAGE AND IN PARTICULAR AWAY FROM THE SORRENTINO SIDE OF THE BUILDING, WHICH IS HOW IT MOVED TO WHAT I'LL CALL THE RIGHT SIDE, AND CREATED THAT NEW CONNECTION.
YOUR BOARD WAS RATHER CLEAR WITH US ABOUT CREATING A CONSERVATION EASEMENT THAT DID WRAP AROUND THE SIDE IN THE REAR OF THE BUILDING.
AND WE SPENT A LOT OF TIME, NOT ONLY WITH YOU, BUT WITH, UH, THE TOWN BOARD ON THAT, UH, DIEGO HIT THE SIDEWALK.
I DO WANNA REMIND THE BOARD THAT THAT WAS NOT ORIGINALLY SOMETHING, UH, THAT BRIGHTVIEW HAD PROPOSED.
UM, THAT SIDEWALK IS, AS DIEGO SAID, 1800 LINEAR FEET.
IT CONNECTS ALL THE WAY OUT TO EAST HARTSDALE, IT CROSSES A CULVERT.
UM, AND IT WAS A MAJOR, UM, FINANCIAL AND, AND, AND CONSTRUCTION CONCESSION FROM BRIGHTVIEW.
AND I JUST WANNA REMIND REED AND EVERYONE AT REED'S SUGGESTION, WE DID TAKE CLOSE LOOK AT THE SITE CIRCULATION AND CHANGED THAT CIRCULATION AROUND THE LEFT SIDE OF THE BUILDING AND NARROWED IT.
AND THAT ALLOWED THE LAST THING, WHICH TO US IS VERY SIGNIFICANT.
AND THAT'S THE PROTECTION OF SHAINA WITH THE BERM, THE LANDSCAPING, AND THE FENCING.
UM, SO ALL OF THOSE, UH, TO US ARE MAJOR HIGHLIGHTS OF WHAT WE'VE ACCOMPLISHED, I THINK TOGETHER, UH, WITH YOUR BOARD AND THE COMMUNITY, UM, TO PRODUCE WHAT WE WILL ALL CONCEDE IS A FAR BETTER SITE PLAN AND DESIGN THAN WHAT WE ORIGINALLY APPLIED FOR.
SO WITH THAT, MR. CHAIRMAN, WE ARE HERE ON THESE VARIOUS, UM, TECHNICAL APPROVALS AND, UM, AND I SHOULD SAY PROCEDURALLY SO YOU CAN AT LEAST UNDERSTAND WHAT OUR GOAL IS.
WE WOULD VERY MUCH LIKE TO, UM, HAVE YOU SCHEDULE THE FORMALLY REQUIRED SUBDIVISION PUBLIC HEARING THAT NEEDS TO BE CONDUCTED.
UM, WE DO NEED TO, UM, HIT THAT, THAT PUBLIC HEARING IN FRONT OF YOUR BOARD.
AND AARON, I, I, I FORGET WHETHER WE'RE, WHETHER I'M ALSO ACTUALLY ASKING FOR A, UM, SLOPES AND OR TREE RE TREE REMOVAL, UM, HEARING AS WELL.
SO, UM, JUST SO YOU SEE THAT THOSE ARE OUR PROCEDURAL REQUESTS FOR THE EVENING.
CERTAINLY A PUBLIC HEARING ON THE STEEP SLOPE PERMIT AS WELL.
AND THEN THE RECOMMENDATIONS BACK TO THE TOWN BOARD AND A RECOMMENDATION, RIGHT.
RECOMMENDATION ON SITE PLAN BACK TO THE TOWN BOARD.
AND THE SPECIAL PERMIT REFERRAL? YEAH.
FIRST I JUST SAY, UH, MR. STEIN, YES, YOU'RE ABSOLUTELY CORRECT.
THERE WERE A LOT OF, UH, CONCERNS THAT, UH, UH, THIS COURT HAD, UH, AND, AND, UH, RELATIONSHIP TO, TO, TO ORIGINAL PLAN, AND YOU, UH, DID RESPOND.
AND I, WE, UH, APPRECIATE THAT, UH, UH, WITH THE WATER PUDDLING, UH, UH, ON DOBBS FERRY ROAD, THE SIDEWALK, UH, UM, THE PROFILE OF THE BUILDING, UH, AS, UH, AND THE OTHER MAJOR ISSUE IS, UM, UH, UH, THE, THE PERMANENT, UH, OPEN SPACE.
I JUST WANT TO MAKE ABSOLUTELY CLEAR THAT, UH, THAT, THAT IN, UH, THAT PART OF THE APPROVAL PROCESS IS THAT THAT ONE ACRE PROPERTY WILL REMAIN OPEN SPACE REGARDLESS OF WHO OWNS IT, BECAUSE I KNOW THAT SHOULD THE GOLF COURSE, UH, UH, AT SOME POINT DECIDE TO BUILD HOUSING OR SOME OTHER, DO SOMETHING ELSE WITH THAT PROPERTY, UH, THAT LAND WILL REVERT
[01:25:01]
BACK TO BRIGHTVIEW OWNERSHIP.SO MY CONCERN IS NOT WHO OWNS IT.
MY CONCERN IS TO MAKE SURE, REGARDLESS OF THE OWNER, THAT REMAINS, UH, OPEN SPACE AND IT'S GOTTA BE IN THE DEEDED WALTER.
DAVID, I THINK WE DISCUSSED THAT.
YOU'RE GONNA, YOU'RE GONNA RECORD IT IN THE DEED.
THIS WILL BE A RECORDED DECLARATION RIGHT.
AND IT WILL BE, IT'LL BE REFERENCED IN THE DEEDED AND RECORDED AS A FREESTANDING DECLARATION.
ANY OTHER BOARD MEMBERS HAVE QUESTIONS? YEAH, I HAVE A COUPLE OF, I HAVE A COUPLE OF QUESTIONS.
IT'S THE FIRST ONE OF THE YEAR.
IT SHOULD BE TA SHOULD BE A, A FASTBALL, BUT IT'S NOT SOFTBALL.
UM, WHERE ARE YOU RE THE, WHERE IS THE GOLF COURSE RELOCATING THEIR, UH, MAINTENANCE, MAINTENANCE, UH, UH, FACILITY TOO.
I'M GONNA, THEY'RE, THEY'RE EVALUATING A COUPLE OF DIFFERENT OPTIONS, BUT I'M GONNA PUMP THAT ONE BACK TO, UH, DAVID AND OR COREY HERE.
SO SWING AND MISS AT A SOFTBALL? I CAN'T BELIEVE IT.
I I GOTTA PUT THE CLEANUP HIT UP.
HE, HE YANKED HIMSELF OUT OF THE BATTING ORDER RIGHT THERE.
HE, LIKE, HE DIDN'T EVEN PUT THE PINE TAR ON THE BAT.
SO, UM, IT'S A, MONA, WE DON'T HEAR YOU, BUT I SEE YOU MOVING AROUND TOO MUCH SPORTS
UM, IT, IT, IT WAS MONA, IT'S LIKE WHERE YOU GO TO A BROADWAY SHOW AND YOU GET THAT LITTLE THING WITH THE PAPER WHERE THERE'S A, A, A NEW ACTOR OR ACTRESS GOING TO BE INVOLVED
SO, UM, THIS EVENING DISCUSSING THE MAINTENANCE WILL BE DAVID STEINMAN
SO, UM, IT'S A GOOD QUESTION, HUGH.
UH, OBVIOUSLY IT NEEDS TO BE RELOCATED.
THE, THE COUNTRY CLUB AND THEIR REPRESENTATIVES ARE HERE TONIGHT, HAVE SPENT A FAIR AMOUNT OF TIME, MONEY, AND ENERGY FIGURING OUT WHERE IT LOCATES BEST ON THE PROPERTY.
UM, IN TERMS OF HAVING MINIMAL TO NO IMPACT ON NEIGHBORS AND STILL BEING FUNCTIONAL FOR THE CREW.
UH, I DO NOT KNOW MY GOLF HOLES, SO ANDY OR CORY MAY NEED TO IDENTIFY THAT.
BUT IT IS GOING TO SHIFT TO AN ENTIRELY DIFFERENT, UH, SIDE OF, OF THE COURSE.
UM, WHERE THERE IS A DEPRESSION, A NATURAL TOPOGRAPHIC DEPRESSION, WHERE THE MAINTENANCE FACILITY CAN BE THERE, IT CAN BE BASICALLY NOT VIEWED FROM THE COURSE OR CERTAINLY FROM THE OUTER PERIMETER.
IT'S INTERIOR TO THE GOLF COURSE.
IT'S NOT SITTING, UM, ON THE PERIMETER EDGE.
UM, AND IT CAN BE ACCESSED FROM THAT DIRT ROAD.
AND ONE OF YOU ON THIS, MAYBE JOHANN WILL HELP ME, THERE'S, THAT COMES AROUND THE BACK, UM, THAT, UH, IS CURRENTLY USED ON OCCASION BY THE COUNTRY CLUB AND, UH, AND IT CAN BE ACCESSED FROM THERE.
THAT SOUNDS LIKE AN IMPROVEMENT OVER WHERE IT IS NOW.
IT'S VERY INTRUSIVE TO WHERE IT'S NOW ASK.
AND ONE THING TO ADD TO THAT TOO, JUST IT, THEY WILL HAVE TO PROCESS AN APPLICATION THAT WILL BE BEFORE THIS BOARD AS WELL.
SO FOR SITE, FOR SITE PLANNING.
SO WHEN THAT DOES HAPPEN, YOU WILL, YOU, YOU WILL SEE AN AMENDED APPLICATION FOR THAT.
I HAD ONE, I HAD ONE REACTION, WHICH AT THIS POINT, NOT GONNA CHANGE, BUT IT RELATES TO, TO THE SIDE BY THE, UH, BY SERINO PLACE.
AND I WAS WONDERING IF THERE'S SOMETHING YOU CAN DO EITHER OFFER THE NEIGHBOR, YOU KNOW, SOME, SOME, SOME LANDSCAPING OR DO SOME SCREENING ON, ON YOUR SIDE OF THE PROPERTY THAT, UM, COULD TAKE CARE OF THAT.
IF YOU TAKE A LOOK AT YOUR SCHEMATIC, YOU CAN SEE IT.
THEY'RE LOOKING STRAIGHT DOWN INTO THE, STRAIGHT DOWN INTO THE YARD.
THE, THE LAST PERSPECTIVE SLIDE, IF YOU WANNA BRING IT UP, YOU'LL SEE IT.
THERE ARE TWO WINDOWS IN PARTICULAR THAT LOOK DIRECTLY INTO THE BACKYARD.
I, I KNOW WHICH ONE YOU'RE TALKING ABOUT HERE.
AND THIS ONE, RIGHT? WHAT WE, ONE OF THE MODIFICATIONS WE MADE IN THE LAST UPDATE, THERE IT IS TO THE SITE PLAN IS PULLING THAT FENCE AND THE ROADWAY CLOSER TO OUR BUILDING SO THAT WE ACTUALLY HAVE 15 FEET ON THIS, ON THE NEIGHBOR'S SIDE OF THE FENCE.
SO ALL OF THAT PLANTING WILL BE NEW AND CAN BE KIND OF PLACED AND LOCATED TO, I, I WOULD, I WOULD REQUEST YOU PUT A SIGNIFICANT EVERGREEN, I MEAN, THERE'S THAT ONE HOLE.
[01:30:01]
YEAH.UM, IF YOU COULD FILL THAT ONE, THAT HOLE, AND THERE MAY BE OTHER ONES.
'CAUSE WE'RE LOOKING FROM ONE PERSON'S BACKYARD, BUT THOSE ARE THE TWO THAT ARE, THAT, THAT THOSE TWO WINDOWS ARE THE MOST OBVIOUS.
AND I, I THINK IF YOU COULD DO SOMETHING FOR THE NEIGHBOR THAT WOULD HELP THAT, I THINK THAT WOULD BE GREAT.
'CAUSE ONE OF THE THINGS I LOOKED AT WHEN I LOOKED, WHEN I REACT, 'CAUSE I HADN'T LOOKED AT THE SITE PLAN IN A LONG TIME MM-HMM.
IF THE, IF WE WERE TO START ALL OVER AGAIN, I DON'T ACTUALLY IN THIS SHAPE, YOU, YOU WOULD'VE HAD TO REVERSE THE ENTIRE BUILDING TO DO IT.
SO IT'S, IT'S IMPOSSIBLE TO DO.
YOU WOULDN'T HAVE GOOD WALKING TRAILS, BUT THERE'S MORE BUFFER FROM THE BUILDING TO YOUR PROPERTY LINE ON THE SIDE THAT ISN'T INTRUDING ON THE NEIGHBORS.
AND THEN THE OTHER SIDE, JUST, JUST A COMMENT.
SO MAKE, RATHER THAN MOVE THE BUILDING, YOU KNOW, A FEW FEET WEST, WHICH I THINK WOULD BE VERY DIFFICULT FOR YOU TO DO, PLEASE MAKE SURE THAT THERE'S ENOUGH SCREENING THAT YOU REALLY CAN'T SEE DOWN INTO PEOPLE'S YARDS.
I THINK THAT THAT'D BE AN APPROPRIATE ONE.
FINAL THING I WANT TO THANK YOU GUYS FOR, I KNOW THERE WAS A CONSIDERATION AT ONE POINT, AND I WANNA THANK THE PEOPLE AT THE GOLF CLUB TOO ON THIS.
UH, THERE'S A CONSIDERATION OF RECONFIGURING THE BUFFER ZONE IN A DIFFERENT WAY.
I'M HAPPY THAT MR. STEINMAN, THAT YOU WERE ABLE TO PREVAIL WITH YOUR CLIENT AND, AND WITH THE GOLF COURSE TO LEAVE IT WHERE IT IS.
BECAUSE I THINK THAT BUFFER IS AN EXTREMELY IMPORTANT PART AND VERY WELL DESIGNED FOR THIS PROJECT.
THE THE THANKS REALLY GO TO THE COUNTRY CLUB AND, AND ITS MEMBERSHIP.
'CAUSE THEY'RE THE ONES THAT ULTIMATELY HAD TO CONCEDE TO THIS MODIFIED VERSION AND, AND THEY HAVE.
I JUST WANTED TO STATE THAT YOU HAVE A QUESTION.
I JUST WANTED TO STATE THAT STAFF WOULD BE HAPPY TO WORK WITH THE APPLICANT AT THE TIME THE LANDSCAPING IS SET OUT TO ENSURE THAT IT'S APPROPRIATELY CITED.
SO WE'RE CERTAINLY THERE TO ASSIST ON THAT.
AND THAT SAID, THEN I, I, UH, MONA? YES.
UH, UH, AARON, WHAT, UH, I, I DON'T HAVE MY, UH, THE SCHEDULE RIGHT IN FRONT OF ME, BUT ONE, WE COULD SCHEDULE A, UH, UH, PUBLIC HEARING.
WALTER CHAIRPERSON ASK QUESTION CHAIRPERSON SIMON.
THERE WERE TWO, TWO MORE MEMBERS THAT SOUGHT, SOUGHT TO ASK QUESTIONS.
UM, I'M NOT SURE IF, IF WE, UM, ASKED A QUESTION BEFORE ABOUT THE PARKING.
I HAD ONE QUESTION ABOUT THE PARKING.
I NOTICED THAT THERE'S ONLY FOUR HANDICAPPED PARKING SPOTS.
IS JOHN CANNING ON THIS CALL? HE IS.
CAN I SPEAK WITH HIM FOR A MOMENT? CAN HE GET HIM ON THIS COMING? HERE HE COMES, JOHN FOUR HANDICAPPED IS ENOUGH FOR THIS FACILITY.
UH, THAT'S A VERY GOOD QUESTION.
OFF THE TOP OF MY HEAD, I CAN'T SAY.
I'M SURE IT COMPLIES WITH THE STANDARD REQUIREMENT, WHICH IS A SLIDING SCALE.
UM, THE QUESTION REALLY IS, YOU KNOW, ARE THE RESIDENTS, UM, DRIVING? YEAH, I DON'T KNOW.
SO, MONA, WE'RE HAPPY TO, TO TAKE A DEEPER DIVE AND, AND BETWEEN NOW AND OUR NEXT MEETING WITH YOU, UM, EXCHANGE INFORMATION BETWEEN J M C AND, AND MR. CANNINGS OFFICE.
UM, AS YOU KNOW, BRIGHTVIEW HAS MANY CCSS AND, AND JOHN ANSWERING YOUR QUESTION, IN FAIRNESS, WHILE THIS IS NOT ENTIRELY AN ASSISTED LIVING, UH, RESIDENCE, THERE ARE INDEPENDENT LIVING UNITS, THERE ARE VERY FEW VEHICLES THAT ARE OPERATED BY RESIDENTS, BUT WE, WE ACKNOWLEDGE THERE ARE SOME, SO MONA, LET US TAKE A A LOOK AT THAT.
UM, AND, AND, AND COME BACK TO YOU.
I, I THINK STEVE AND, AND HIS BRIGHTVIEW DEVELOPMENT TEAM FELT COMFORTABLE THAT FOUR WOULD WORK FOR THEIR RESIDENTS.
THEY'RE THE ONES THAT HAVE TO ANSWER TO THE RESIDENTS AND KEEP THEM HAPPY.
AND, AND IT'S A FAIR QUESTION.
YEAH, I JUST WANNA LOOK AT THAT.
AND THE OTHER QUESTION I HAD WAS REGARDING THE FENCING.
I WANTED TO KNOW IF IT WAS GOING TO REQUIRE ANY MAINTENANCE AT ALL, UM, FOR THE PE THE RESIDENTS ON TINO, WHAT TYPE OF FENCING WE'RE PUTTING UP THERE.
I DON'T WANT 'EM TO BE, UM, SADDLED WITH ANY MAINTENANCE ISSUES.
THE, THE FENCING, THAT'S A YEAH, UNDERSTOOD.
ANY MAINTENANCE WOULD BE DONE BY BRIGHTVIEW.
IT IS GONNA BE A TYPE OF FENCE.
WE, WE AGREED TO AN OPAQUE FENCE.
IT WOULD PROBABLY BE SOME TYPE OF P V C FENCE THAT COULD EASILY BE MAINTAINED AND CLEANED AS NEEDED.
AND THEN THE LANDSCAPING ALONG THAT AREA WOULD BE OWNED.
IT WOULD BE MAINTAINED BY BRIGHTVIEW AS WELL.
[01:35:01]
OKAY.THANK YOU FOR QUALIFYING THAT AND SOMEONE ELSE HAD A QUESTION? YEAH, I THINK, UH, I HAVE A COUPLE OF QUESTIONS.
UH, WALTER, UH, THE DIAGO, IF YOU GO BACK TO THAT, UH, SITE PLAN THAT YOU HAD? YEAH, SO, UH, MY QUESTION IS REGARDING THE, UH, THE CONSERVATION EASEMENT.
UH, AND I SEE SOME KIND OF A BUILDING IN THAT, UH, ON THE LEFT HAND SIDE RIGHT THERE.
SO IS IT JUST A MISTAKE OR, OR THERE IS A BUILDING IN A CONSERVATION AREA THAT, THAT IS THE STAFF HOUSING THAT'S FOR THE GOLF CLUB RIGHT NOW.
UM, IT IS PART OF THE CONSERVATION EASEMENT, BUT AGAIN, UH, AS PART OF THE CONSERVATION EASEMENT REQUIREMENTS IN THE EVENT, UM, THAT, THAT GETS TRANSFERRED, THE IMPROVEMENTS WITHIN THAT EASEMENT WOULD END UP BEING DEMOLISHED IN THE FUTURE, BUT NOT, IT IS WITHIN THAT EASEMENT AREA AS OF TODAY.
SO, UH, UH, SO THE QUESTION IS THAT THE, THE DOCUMENTS ABOUT THE DECLARATION OF THE COVENANT FOR THE ECON CONSERVATION EASEMENT AND RESTRICTED, UH, COVENANT.
AND SO IT DOES NOT, UH, IT'S NOT CLEAR THEN THAT WHAT IS EXISTING WOULD REMAIN AND WHAT IS THE, WHAT THEY CALL TRIGGER EVENT? SO THE TRIGGER EVENT, WHAT I UNDERSTAND IS THE TIME THAT THEY SIGN, UH, I MEAN, I'M NOT A LAWYER, BUT I TRY LOOKS LIKE A, IT IS A, UH, WHEN THEY SIGN THE CONTRACT WITH BRIGHTVIEW IS THE, IS THE TRIGGER EVENT, UH, DAVID, IF THAT'S MY CORRECT READING, YEAH.
DO YOU WANT ME TO, DO YOU WANT ME TO TO CHIME IN ON, ON THAT ONE GUYS? DAVID? YEAH.
I, HI GUYS, JUST FOR THE RECORD.
DAVID COOPER, PARTNER WITH Z AND STEINMETZ.
I, I WAS WORKING MOSTLY WITH, WITH, UH, WITH, WITH THE TOWN AND WITH, WITH YOUR STAFF ON, ON DRAFTING THE, THE, UH, EASEMENT.
SO I JUST THOUGHT I, I WOULD CHIME IN.
SO, SO THE A A UPON THE, THE APPROVAL, ONE OF THE CONDITIONS OF THE, OF THE SITE PLAN AND, AND THE SPECIAL PERMIT FROM THE TOWN BOARD WILL BE THE FILING OF THIS DOCUMENT.
THE DOCUMENT, ONCE IT'S FILED, WILL, UH, RELINQUISH ALL DEVELOPMENT RIGHTS OF THIS AREA, UH, IN PERPETUITY IMMEDIATELY.
AND THEN THERE, THERE, THERE ARE, THERE'S THE PRETT TRIGGER EVENT, UM, UH, TIMING AND THEN THE POST TRIGGER EVENT TIMING.
THE TRIGGER EVENT ITSELF IS WHEN EITHER THE, UM, CLUB CEASES TO EXIST AND IT'S REDEVELOPED FOR NON-CLUB PURPOSES, OR THERE'S A FURTHER SUBDIVISION OF THE CLUB PROPERTY.
UM, AND THAT'S SOLD FOR NON-CLUB, UH, PURPOSES.
IF EITHER OF THOSE EVENTS OCCUR IN THE FUTURE, THIS CONSERVATION EASEMENT AREA WILL AUTOMATICALLY BE CONVEYED OVER ITS BRIGHTVIEW.
SO THAT'S THE, THE TRIGGER EVENT.
BEFORE A TRIGGER EVENT OCCURS, THE CLUB WILL BE ABLE TO CONTINUE TO, TO USE THIS AREA FOR GOLF, INCLUDING THE, UM, THE EXISTING, UM, IMPERVIOUS AREA.
UM, BUT NO FURTHER IMPERVIOUS AREA COULD BE ADDED TO TO, TO THIS AREA.
SO, SO THE EMPLOYEE HOUSING COULDN'T BE EXPANDED.
THE ROADS YOU'RE SEEING, UH, COULDN'T BE, CAN BE EXPANDED EITHER.
UM, UPON A TRIGGER EVENT OCCURRING, ALL IMPERVIOUS SURFACE WOULD HAVE TO BE REMOVED.
SO THE, THE, THE, UM, HOUSING AREA, UM, UH, WOULD, WOULD, WOULD NEED TO BE REMOVED.
UM, AND, AND KEPT, UH, KEPT IN AS NATURAL STATE.
UM, THERE ARE SOME MINOR EXCEPTIONS IN THE DOCUMENT THAT WOULD ALLOW, UM, EXISTING, UH, UTILITIES TO, TO REMAIN.
BUT IN TERMS OF THIS BUILDING, UM, IT WOULD HAVE TO BE REMOVED UPON THE ROOM.
SO, SO WHAT YOU'RE SAYING IS THAT WHAT IS EXISTING IS A GRANDFATHER USE AND REQUIREMENTS FOR THE CONSERVATION? UH, LET'S CUT TO THE CHAIN.
LET'S CUT TO THE CHAIN BECAUSE OKAY.
SO, SO I MEAN, MY QUESTION IS THAT, UH, I, BECAUSE I HAD A SUBSEQUENT LET'S ASK YEAH, YEAH, YEAH.
MY QUESTION IS THAT, UH, A IT WAS, LET'S ASK THE QUESTION.
THE ISSUE THAT YOU HAVE IS WHAT HAPPENED TO THAT HOUSE? WHAT HAPPENED TO THE HOUSE? AND, AND IF I UNDERSTAND THE CORRECT, UH, THE ANSWER, THE HOUSE COULD STAY THERE, BUT YOU CANNOT EXPAND IT UNTIL SUCH TIME WHEN THE, UH, UM, BRIGHTVIEW TAKE OVER, UH, THE OWNERSHIP
[01:40:01]
OF THAT LAND.AND THAT AT IS, AT THAT POINT THE HOUSE IS REMOVED.
SO THAT'S WHAT HAPPENS TO THE HOUSE.
AND THE, ANY OTHER QUESTIONS? DO YOU HAVE ANY, I'D LIKE TO, WE STILL HAVE WALTER.
YEAH, I THINK BECAUSE, UH, AND THERE IS ALSO THE SAME THING GOES WITH A, UH, CONDITION, UH, WITH A USE OF, UH, AND CHEMICALS AND OTHER STUFF INTO THE GOLF COURSE AREA.
SO THE EXISTING USE IS A GRANDFATHER USE AND WHATEVER THE REQUIRED MAINTENANCE CONTINUES FOR THE USE.
IS, IS THAT, I MEAN, I'M JUST ASKING FOR
ONE, ONE OF, ONE OF THE ITEMS THAT, THAT WAS IMPORTANT TO BOTH, I THINK ALL, ALL PARTIES, INCLUDING THE TOWN BOARD AND, AND EVERYBODY THAT WAS UH, IN, INVOLVED IN THIS, IS MAKING SURE THAT THE GOLF CLUB CAN CONTINUE TO OPERATE FOR AS LONG AS POSSIBLE, UM, AND WELL INTO THE FUTURE.
AND SO, I I, IF YOU WERE TO REMOVE THAT USE FROM THE, FROM THE EXISTING AREA, UM, IT WOULD SEVERELY IMPACT THE ABILITY OF THE GOLF CLUB TO BE ABLE TO CONTINUE TO OPERATE.
SO YES, THEY'LL BE GRANDFATHERED IN UNTIL THE, UNTIL THE TRIGGER.
BUT THE OWNERSHIP IS WITH THE BRIGHTVIEW AFTER THE TRIGGER, AFTER THE TRIGGER EVENT.
SO RIGHT NOW YOU OWN ONLY THE FIVE ACRE OF LAND? CORRECT.
NOW MY LAST QUESTION IS THAT, WHAT ARE THE OTHER, UH, AND PROBABLY FOR DIAGO, OTHER SUSTAINABILITY, UH, ELEMENTS THAT YOU HAVE PROPOSED FOR THE SITE PLAN? WELL, SUSTAINABLE DESIGN, OBVIOUSLY THAT'S SOMETHING THAT IS CRITICAL AND WE COULD DEVELOP A LIST.
I THINK WORKING WITH THE ARCHITECT ON THE BUILDING, I THINK THAT PROBABLY WILL BE MOST BENEFICIAL.
JUST TO ADDRESS THAT QUESTION, WE'LL ASK THE ARCHITECT, BECAUSE THE BUILDING IS SUCH A MAJOR COMPONENT OF THIS TO TALK ABOUT THE DIFFERENT FEATURES WITHIN THE BUILDING, THE DIFFERENT MATERIALS THAT ARE BEING UTILIZED AND EVERYTHING ELSE FROM THE SITE PLAN STANDPOINT.
OBVIOUSLY WE'RE MINIMIZING IMPERVIOUS AREAS.
WE HAVE A SIGNIFICANT LANDSCAPING PLANT THAT'S BEEN DEVELOPED.
UM, UH, WE'VE MINIMIZED OVERALL DISTURBANCE AREAS BEYOND THE DIFFERENT FEATURES.
WE HAVE WATER QUALITY IMPROVEMENTS INCLUDING, UH, INFILTRATION SYSTEMS. KEEP IN MIND THAT IS ONE OF THE CRITICAL, UH, DESIGN AND SUSTAINABLE PRACTICES THAT WE TRY TO DO.
IT'S NOT JUST DETENTION, IT'S RETENTION, PUTTING WATER BACK INTO THE GROUND.
AND THOSE ARE THE TYPES OF SYSTEMS, UM, THAT WERE DESIGNED.
SO, UH, WE'LL PUT TOGETHER A LIST, UM, AGAIN, FOCUSING A LOT ON THE BUILDING AND THEN TAKE THAT INTO CONSIDERATION.
AND WE CAN GIVE YOU JUST A QUICK SUMMARY OF ALL THE SUSTAINABLE FEATURES ASSOCIATED WITH THE DEVELOPMENT.
THE POINTS COULD, COULD YOU MAKE SURE WE GET THAT LIST PRIOR TO THE PUBLIC AIR? CERTAINLY, YES.
I, I WAS ACTUALLY GOING TO SEE IF THAT LIST COULD COME IN WITHIN THE NEXT WEEK, BECAUSE IT MAY HELP, UH, FOR STAFF TO FORMULATE A DRAFT RECOMMENDATION TO THE TOWN BOARD.
WE'LL, ANY OTHER QUESTIONS? YEAH, WE'LL DO IT.
ARE THERE ANY OTHER QUESTIONS CONCERNING THIS APPLICATION? UH, IF NOT, UH, WE COULD PUT THAT ON THE SCHEDULE FOR PUBLIC HEARING.
UM, SO CHAIRPERSON SIMON STAFF WOULD RECOMMEND TWO THINGS.
ONE, THAT THIS PROJECT BE NEXT SCHEDULED FOR TWO WEEKS FROM TONIGHT ON JANUARY 20TH FOR THE PLANNING BOARD TO CONSIDER A RECOMMENDATION BACK TO THE TOWN BOARD ON THE SITE PLAN AND SPECIAL PERMIT REFERRALS.
AND SEPARATELY, JUST LOOKING AT THE CALENDAR, STAFF WOULD RECOMMEND THAT THE PLANNING BOARD SET A PUBLIC HEARING FOR THE PRELIMINARY SUBDIVISION AND STEEP SLOPE PERMIT APPLICATIONS FOR FEBRUARY 3RD.
THAT'S, THAT'S, UH, ANY COMMENTS ABOUT THAT FROM THE PLANNING BOARD MEMBERS? IF NOT, AARON, WHAT, WHY IS IT A SCHEDULING ISSUE THAT WE CAN'T DO THEM ON THE SAME NIGHT? WE HAVE, UH, SOME OTHER ITEMS THAT ARE CARRYING OVER TO THE 20TH.
SO THAT WAS JUST STAFF'S RECOMMENDATION, BUT I LEAVE IT UP TO THE BOARD WELL, TO MATTER SCHEDULING.
I MEAN, IN ALL FAIRNESS TO THE APPLICANT, IF THEY DON'T HAVE TO SHOW UP TWICE, IT WOULD MAKE SENSE TO DO IT IN ONE NIGHT.
THAT'S THE ONLY THING I'M THINKING.
AARON, I DON'T KNOW WHETHER GARRETT HAD HAD A REASON WHY HE WANTED IT TO BE ON FEBRUARY 3RD.
I KNOW HE AND I HAD DISCUSSED THIS PREVIOUSLY.
[01:45:01]
ARE YOU, ARE YOU OKAY WITH THAT, UH, MR. STEIN FOR FEBRUARY 3RD FOR THE PUBLIC HEARING? WE'RE, WE'RE FINE TO, TO, TO US.UH, THE MOST IMPORTANT THING IS TO KNOW THAT WE'RE, WE'RE GONNA MOVE FORWARD TO THE OKAY, THEN LE LEAVE, LEAVE THE OTHER STUFF ON THE 20TH THEN.
'CAUSE WE WANT TO GET THAT BACK TO THE TOWN BOARD AS SOON AS CORRECT.
I WAS GONNA SAY, YEAH, THOSE RECOMMENDATIONS.
UH, YOU NEED A MOTION, DAVID, IN ORDER TO SCHEDULE THAT HEARING? NO, NO, NO, WE DO NOT.
BUT WE WILL GET YOU THE INFORMATION FOR THE PUBLIC HEARING SO THAT YOU CAN, YOU CAN NOTICE THAT.
YOU CAN NOW GO BACK TO YOUR REGULARLY SCHEDULED NEWS PROGRAM, C N N OR M SS N B C OR FOX.
EVERYBODY SCHEDULE A GOOD NIGHT.
THAT CONCLUDES TONIGHT'S PERFORMANCE.
THE NEXT THING ON THE NIGHT, EVERYBODY.
IS PB 2008, THE GRAYSTONE, UH, UH, UH, PUD, UH, AS YOU KNOW, THERE HAVE BEEN, UH, UM, THE ISSUE OF, OF, UH, THE SEWER SYSTEM AND GETTING SUPPORT FROM TERRYTOWN, UH, IN TERMS OF MAKING SURE.
MY, UH, I JUST WANT TO ANNOUNCE THAT, THAT THIS IS A PUBLIC HEARING.
SO WE HAVE BARBARA WHO WILL BE TRANSCRIBING AT THIS POINT FOR US.
AND IF THIS IS A PUBLIC HEARING, SHOULDN'T WE, UH, UH, CALL A ROLL AGENDA? WE'RE, WE'RE, WE'RE ABOUT TO DO THAT.
THERE HAD BEEN ON AT LEAST ONE PRELIMINARY AGENDA REFERENCE TO ANOTHER MATTER FOR PUBLIC HEARING THAT WAS, UH, RO THAT IS NOT BEING HEARD TONIGHT.
UH, THERE WAS NO, UH, THE, THE NOTICE DIDN'T GO FORWARD.
THAT WILL BE AT OUR NEXT MEETING IN CASE ANYONE MIGHT HAVE SEEN THE PRELIMINARY AGENDA, WHICH, UH, IS NOT THE FINAL AGENDA.
UH, THAT WAS CASE NUMBER PB 20 DASH ZERO FOUR, CASAL 34 DASH 40 AND 50 SAWMILL RIVER ROAD.
AS, AS MR. FRIED INDICATED, THAT HAS BEEN RESCHEDULED FOR A PUBLIC HEARING ON JANUARY 20TH, TWO WEEKS FROM THIS EVENING.
UM, I'M HAPPY TO CALL THE ROLL.
UM, AS I STARTED BEFORE PB 2 0 0 8 GRAYSTONE, THAT, THAT WAS ON AND OFF OUR SCHEDULE FOR SEVERAL TIMES BECAUSE, UH, THERE WAS SOME REQUIREMENTS THAT THE TOWN OF TERRYTOWN HAD, UH, HAD ON THE SEWER SYSTEM THAT THOSE ISSUES HAVE BEEN RESOLVED.
SO NOW WE COULD, UH, UM, SO I PUT IT BACK ON THE SCHEDULE FOR PUBLIC HEARING.
SO, UH, DO WE HAVE A REPRESENTATIVE FOR GRAVESTONE HERE TO MAKE THE PRESENTATION? YES.
UH, GOOD TO SEE EVERYBODY AND HAPPY NEW YEAR, AND HOPEFULLY IT'S A BETTER 2021 FOR, FOR EVERYONE.
UM, SO AS WALTER STARTED, UM, STARTED SAYING, UM, WE'VE SATISFIED, UM, ALL THE VILLAGES REQUEST AND, UH, TOWN STAFF HAS A, UM, HAS A LETTER FROM, OF APPROVAL FROM, FROM CHERRYTOWN.
UM, THIS, SO WE'RE, THIS IS THE SITE PLAN.
THERE ARE ONLY TWO ADDITIONS TO THE SITE PLAN THAT, UH, WE ADDED THAT ARE THINGS THAT I KNOW THAT ARE COMING UP.
SO I WANTED TO ADD THEM ON SO AS TO CUT DOWN ON THE, ON THE, UH, PROCESS LATER AND NOT HAVE TO COME BACK.
UH, THE FIRST THING IS, UM, ON LOT, LOT NUMBER SIX, I'M SORRY, LOT NUMBER SEVEN.
THIS, UH, OWNER OWNS THREE LOTS.
THEY OWN LOT FIVE, SIX, AND SEVEN, WHICH IS KIND OF THIS WHOLE THING.
UM, THE PUD UM, THROUGH THE, THE, THE, THROUGH THE CODE OF THE PUD, YOU'RE ALLOWED TO HAVE, UM, A GENERATOR FOR A HOUSE THAT'S ON
[01:50:01]
LOT SIX, ON LOT SEVEN.SO, UM, SO WE ADDED THAT TO THE PLAN ALSO, UM, SINCE THE LAST TIME THAT I SAW YOU, UM, GOOD NEWS, WE HAVE, UM, SOLD LOT, UH, 12.
AND, UM, I KNOW THAT LOT 12, UM, WANTS TO PUT LIKE A SPORT COURT ON THERE.
UM, SO, UM, THAT HAS BEEN ADDED TO THE PLAN BECAUSE THAT IS SOMETHING THAT THEY WANNA DO.
AND, UM, AND I KNOW THAT TOWN CODE ALLOWS THIS ANYWAY, BUT I JUST PUT IT ON SO YOU COULD SEE, UM, WHAT IS, WHAT IS COMING FROM WHAT WE'RE PROPOSING.
UM, AND I THINK, I THINK THAT'S IT.
I THINK WE HAD COVERED EVERYTHING PRIOR TO THIS.
UM, WELL, WHAT I, WHAT I, I THINK MAYBE FOR THE BENEFIT OF THE PUBLIC AND ANYONE WATCHING THAT, IT MIGHT MAKE SENSE TO JUST BRIEFLY GO THROUGH IT.
I'M HAPPY TO DO THAT, MR. TODD.
OR IF YOU WANT TO JUST WALK THE BOARD AND, AND THE PUBLIC THROUGH IT AGAIN, INDICATING THAT, UM, YOU KNOW, THE SITE WAS REZONED TO A POD AND WHICH REQUIRES SITE PLAN APPROVAL FROM THE PLANNING BOARD.
UH, YOU CAN TALK ABOUT THE NUMBER OF, UM, PRINCIPAL STRUCTURES AND THE ACCESSORY UNIT, AND THEN THAT SLIGHT TWEAK OR EXPANSION OF A, THIS STEEP SLOPE DISTURBANCE THAT TRIGGERED THIS STEEP SLOPE PERMIT.
I'M HAPPY TO DO IT, OR IF YOU'D LIKE TO AS, UH, NO, YOU COULD, YOU COULD DO IT, AARON.
AARON, LET ME SUGGEST ACTUALLY, UH, REALLY WHAT'S ON IS THE STEEP SLOPE, UH, PERMIT CHANGES SO THAT, UH, THAT COULD SAVE YOU A LITTLE BIT OF TIME.
UH, THE PUD WAS ALREADY, YOU KNOW, APPROVED AND TAKEN CARE OF.
SO IT DEALS WITH THE CHANGES, UH, THE 10,000 SQUARE FOOT, BASICALLY WHAT WAS NOTICED ON THE RIGHT, BUT, AND ALSO THE SITE PLAN IN CONNECTION WITH THE, WELL HOLD ON.
WHAT, WHAT ARE WE VOTING ON TONIGHT? A QUICK OVERVIEW.
WE VOTING ON, UH, THIS IS BASICALLY WHAT WE ARE.
LOOK, WE ARE NOT VOTING, THIS IS A PUBLIC HEARING.
BUT WHAT WE HAVE SEEN BEFORE, AND WE WERE PRETTY, WERE COMFORTABLE WITH IS, IS A SLIGHT CHANGE IS THOSE ITEMS THAT ARE IN GREEN.
SO THAT'S WHAT WE BASICALLY ARE LOOKING AT BECAUSE WE'VE SEEN THIS, UH, OKAY,
SO I THINK IT WOULD BE BENEFIT FOR VERY SHORT, VERY SHORT OVERVIEW FOR THE SAKE OF THE PUBLIC, BUT IT DOES NOT HAVE TO BE EXPENSIVE, BUT VERY SHORT OVERVIEW AND THEN POINT OUT THAT THESE ARE THE TWO CHANGES THAT ARE BEING MAY ONE, ONE CLARIFICATION.
IT'S NOT JUST, IT'S NOT JUST THOSE TWO GREEN THINGS, BUT THIS WAS, REMEMBER THIS HAS BEEN PUT OFF FOR A, A NUMBER OF MONTHS.
THERE WERE SOME CHANGES THAT WERE DISCUSSED WAY BACK IN MAYBE AUGUST OR SEPTEMBER.
AND THAT IS WHAT I WANT JUST FOR THE ON FOR RECORD PURPOSES.
MAKE SURE THAT THE PUBLIC IS AWARE OF THOSE.
AND I THINK AARON KNOWS WHERE, WHAT I'M TALKING ABOUT, RIGHT? YES.
SO JUST IN A NUTSHELL, AND THIS IS REALLY AS IT'S LAID OUT ON THE AGENDA, UH, THE APPLICANT IS BEFORE THE PLANNING BOARD AT THIS TIME FOR A SITE PLAN AND STEEP SLOPE PERMIT APPLICATION, UH, FOR A PROPOSAL CONSISTING OF THE BUILD OUT OF THIS RESIDENTIAL DEVELOPMENT, KNOWN AS THE GRAYSTONE ON HUDSON PROJECT WITH A TOTAL OF 10 PRIMARY RESIDENCES AND 12 ACCESSORY RESIDENCES IN CONNECTION WITH A PRIOR REZONE OF THE PROPERTY TO A PLANNED UNIT DEVELOPMENT OR PUD ZONING DISTRICT.
UM, WITH THE, THE MOST RECENT CHANGE, WHICH MR. TODD IDENTIFIED IN ADDING THE GENERATOR TO LOT SEVEN AND THE SPORT COURT TO LOT 12, THE TOTAL NUMBER OF ACCESSORY, UH, RESIDENTIAL UNITS WAS REDUCED FROM 14 DOWN TO 12.
SO IT'S A TOTAL OF 10 PRIMARY RESIDENCES AND 12 ACCESSORY RESIDENCES.
AND IN ADDITION TO THAT, UH, ON, AND I WILL, I WILL ATTEMPT TO ZOOM IN A BIT HERE JUST SO THAT EVERYONE CAN, CAN SEE, AND WE'VE GONE OVER THIS IN THE WORK SESSION, BUT TO REMIND THE BOARD MEMBERS AND FOR THE BENEFIT OF THE PUBLIC ON LOT 11, WHICH IS, WHICH IS THIS LOT, IF YOU CAN SEE MY CURSOR, THERE WAS, UM, THERE WAS A RE SUBDIVISION OF THE LOT LINE THAT WAS PREVIOUSLY APPROVED BY THE PLANNING BOARD THAT RESULTED IN A SLIGHT TWEAK TO THE DRIVEWAY, WHICH INVOLVES SOME ADDITIONAL STEEP SLOPE DISTURBANCE, APPROXIMATELY 10,000 SQUARE FEET.
SO THAT'S REALLY ALL THAT'S BEFORE YOU THIS EVENING.
UH, THERE HAVE BEEN NO OTHER CHANGES SINCE YOU LAST SAW THIS IN WORK SESSION.
[01:55:01]
HE HAS, UM, UH, AGREED TO THE REQUESTS OF THE VILLAGE OF TERRYTOWN.THE VILLAGE IS HAPPY, UM, AT THIS STAGE AND STAFF WILL BE IN A PROCESS SHOULD THE BOARD CLOSE THE PUBLIC HEARING THIS EVENING TO SET FORTH A DRAFT DECISION WITH SOME VERY SPECIFIC CONDITIONS THAT WE CAN GO OVER AT A FUTURE MEETING.
ALRIGHT? AND I'M HAPPY TO ANSWER ANY QUESTIONS.
UH, UH, DO ANY, UH, OTHER BOARD MEMBERS HAVE QUESTIONS ON THIS, UH, APPLICATION? NO.
WE'VE SEEN IT ENOUGH, BUT I I I I JUST WANT TO MAKE A POINT CLEAR THAT, UH, THE, THE UNIT, THE GENERATOR THAT BEING PLACED ON THIS PROPERTY IS THE, IS A STANDARD TYPE GENERATOR.
AND, UH, AND I WANT TO MAKE IT CLEAR THAT IT'S BEING APPROVED, UH, AS A GENERATOR AND, AND WE ARE NOT SAYING, WE ARE PROVING IT BECAUSE IT'S NOT A BATTERY PACK.
NO, THAT'S NOT THE ISSUE HERE AT ALL.
UH, THE, UH, SO I JUST WANT TO MAKE SURE THAT THERE'S NO, UH, IMPLICATION THAT SHOULD WE APPROVE THIS PROJECT, WE ARE DOING IT BECAUSE IT, IT'S NOT A BATTERY PACK.
THE BATTERY PACK, UH, IS FROM ALL THE DISCUSSIONS THAT WE HAD, HAS NOTHING TO DO WITH INDIVIDUAL POWER PACKS OR GENERATORS ON INDIVIDUAL HOMES.
SO I JUST WANT DON'T CONFLATE THOSE TWO ISSUES.
THAT HAS NOTHING TO DO WITH THIS APPLICATION.
I JUST WANT TO MAKE THAT CLEAR.
ARE THERE ANY OTHER THANK YOU, CHAIRPERSON? YES, WE DO HAVE A MEMBER OF THE PUBLIC.
THAT ONE SHOULD SPEAK MEMBERS.
ANY, ANY QUESTIONS FROM THE BOARD BEFORE WE GO TO THE PUBLIC? NO.
SO AS I MENTIONED, WE HAVE MURRAY BOWDEN FROM THE PUBLIC.
UH, LOOKING AT THE AGENDA, IT SPEAKS ABOUT THE STEEP SLOPE PERMIT.
I WENT TO THE SITE TODAY, IDENTIFIED MYSELF AND TOLD THEM THAT I WAS COMING TO THIS MEETING TONIGHT AND I WANTED TO SEE THE SITE SO I COULD SPEAK ABOUT IT INTELLIGENTLY.
THEY CALLED UP TO THE SITE AND I WAS RE REFUSED PERMISSION TO ENTER.
IF YOU'RE GOING TO PUBLISH A SITE PLAN AND STEEP SLOPE PERMIT, THE PUBLIC HAS A RIGHT TO GO AND SEE THAT SITE.
YOU CANNOT KEEP ME OFF THAT SITE.
IF YOU'RE GOING TO GIVE A PERMIT FOR THAT, I HAVE A RIGHT TO SEE IT.
NOW, YOU CANNOT TAKE ANY ACTION ON THAT SITE UNTIL YOU PROVIDE ME THE PUBLIC WITH ACCESS TO THE SITE.
I CANNOT DISCUSS IT BECAUSE I DIDN'T SEE IT.
SO I DON'T KNOW HOW YOU'RE GOING TO DEAL WITH IT.
YOU ASK ME TO FOLLOW THE RULES ALL THE TIME, WORKS TWO WAYS.
YOU'RE REQUIRED TO FOLLOW THE SAME RULES.
IF I'M PERMITTED TO DISCUSS A STEEP SLOPE PERMIT, I'M PERMITTED TO SEE THAT SLOPE BECAUSE I'M A VISUAL PERSON.
I SEE THINGS MUCH BETTER AND UNDERSTAND THEM SPATIALLY THAN SEEING IT ON PAPER.
I ASK THAT YOU PROVIDE ME WITH AN ESCORT TO SEE THAT SITE TOMORROW.
I JUST WANTED TO INDICATE THAT TYPICALLY IF A SITE VISIT IS REQUESTED TO BE CONDUCTED BY A MEMBER OF THE PUBLIC, THE REQUEST RUNS THROUGH TOWN STAFF THROUGH OUR OFFICE AT THE DEPARTMENT OF COMMUNITY DEVELOPMENT CONSERVATION, SO THAT WE CAN CONTACT THE APPLICANT IN THE EVENT YOU WANTED TO ENTER ONTO PRIVATE PROPERTY.
SO WE WOULD BE HAPPY TO ARRANGE THAT.
I CAN COORDINATE, UH, A VISIT THROUGH AND WITH MR. TODD, UM, AND WE CAN GET IN TOUCH WITH YOU TOMORROW MORNING TO, UM, GET YOU OUT ONTO THAT SITE.
AND THEN IF THE BOARD, UH, DOES DECIDE TO CLOSE THIS EVENING, A WRITTEN RECORD PERIOD WOULD CERTAINLY BE OPEN, BUT IF IT DOES ADJOURN, YOU WOULD HAVE AN OPPORTUNITY TO SPEAK AT A FUTURE MEETING.
I I ALSO WANNA ADD THAT WE HAVE, WE'RE G I'M SORRY,
[02:00:01]
LET ME LEMME SAY SOMETHING FIRST.UH, UH, MR. BODE ABSOLUTELY CORRECT THAT THE PUBLIC HAVE THE RIGHT TO VISIT THE SITE.
NOT ONLY DO DO YOU HAVE TO FOLLOW A PROCEDURE AND CONTACT THE, UH, UM, UH, THE PLANNING BOARD, UM, UH, OR ONE OF THE DEPUTIES, UH, OR THE COMMISSIONER.
SO YOU JUST CAN'T WALK ONTO, IT'S STILL PRIVATE PROPERTY.
YOU DON'T HAVE THE RIGHT JUST TO WALK ONTO IT.
AND IN FACT, EARLY ON, WE DID HAVE A PUBLIC SITE, UH, UH, UH, SITE VISIT ON THAT PROPERTY.
SO WE DID NOT IGNORE THE PUBLIC BY NOT HAVING A SITE VISIT.
SO, SO YOU ARE RIGHT IN, IN, IN SAYING YOU ARE ENTITLED TO, UH, UH, A SITE VISIT.
YOU'RE WRONG IN MAKING AN ASSUMPTION THAT SOMEHOW THAT OPPORTUNITY IS NOT BEING AFFORDED TO YOU.
SO AS, UH, DEPUTY SMID INDICATED THAT IF YOU WOULD LIKE TO VISIT THE SITE, YOU NEED TO CONTACT YOUR OFFICE AND SEE, AND THEN, UH, APPROPRIATE, UH, ACCESS WILL BE ARRANGED.
I JUST WANNA, I WANNA ADD ONE OTHER THING TO THAT.
UM, IF, IF THIS WERE A PROJECT WHERE IT WAS A STEEP SLOPE IN SOMEONE'S BACKYARD, YOU WOULD NOT BE ALLOWED TO JUST WALK INTO THEIR BACKYARD.
UM, AND YOU DON'T JUST RING THE BELL, YOU HAVE TO MAKE AN APPOINTMENT, YOU HAVE TO LET US KNOW SO THAT THERE'S AN OPPORTUNITY TO HAVE SOMEONE GO BACK THERE.
I UNDERSTAND THAT THERE'S FRUSTRATION HERE, MR. MR. BODEN, BUT, UH, JUST TO GO THERE AND TO ASSUME THAT YOU CAN GO ON PRIVATE PROPERTY THE DAY BEFORE A MEETING, IT'S JUST NOT SOMETHING, UH, THAT, UH, THE, THE PLANNING BOARD CAN, UH, UH, OR THE PLANNING DEPARTMENT CAN JUST DO.
I, I THINK MR. TITLE'S GONNA SAY FURTHER THAT, UH, THERE ARE, THIS IS AN ACTIVE CONSTRUCTION SITE.
THERE HAVE BEEN APPROVALS GRANTED TO THIS SITE, AND IT WOULD BE DANGEROUS TO JUST LET SOMEONE GO ON WITHOUT AN ESCORT AND WITHOUT SOME NOTIFICATION.
WITH, WITH THAT SAID, THE PLANNING BOARD AND, AND MR. SCHMIDT HAS INDICATED THAT WE WOULD LIKE TO ACCOMMODATE YOU, ACCOMMODATE YOU AS SOON AS POSSIBLE SO THAT YOU CAN, UH, IF YOU HAVE ANY COMMENTS, YOU CAN PUT, PUT THEM DURING THE REC, THE COMMENT PERIOD FOR THE RECORD, AND STATE ANY CONCERNS YOU MIGHT HAVE.
FOR THE RECORD, I THINK MR. HAD SOMETHING TO SAY FOR THE RECORD, I CARRY A HARD HAT IN MY CAR AND I CARRY AT LEAST TWO
HOPEFULLY YOU WON'T NEED THAT.
MR. TODD WILL TELL YOU IF YOU DO.
ACTUALLY, JUST FOR CLARIFICATION, WE HAVE, WHEN WE'VE GONE OUT THERE, WE'VE HAD PUT ON HARD HATS WHEN WE'VE BEEN THERE.
SO, UH, WE DO APPRECIATE THE FACT THAT YOU HAVE THAT.
I THINK MR. TODD HAD SOMETHING TO SAY.
I THINK YOU GUYS, I THINK YOU GUYS ALL SAID IT, WE'RE A GATED COMMUNITY, SO THE GUARD DOES NOT HAVE THE ABILITY TO LET ANYBODY, IT'S ANYBODY UP AT ANY SPECIFIC TIME.
IF, IF I WOULD'VE BEEN CONTACTED YESTERDAY OR TWO DAYS AGO, I WOULD'VE, OF COURSE, I'VE ALWAYS LET ANY, YOU KNOW, I'VE ALWAYS BEEN, YOU KNOW, DONE ANYTHING THAT, THAT WAS ASKED OF ME, OF THE TOWN AND OF PEOPLE.
SO IT WASN'T, IT WASN'T, WE CONTACT YOU AND, UH, UH, AND MAKE APPROPRIATE, UH, ARRANGEMENTS.
BUT, BUT I DO ASK THAT, YOU KNOW, WE'VE BEEN, THIS IS NOT YOUR FAULT.
WE'VE BEEN WAITING FOR A LONG TIME FOR, TO DO, TO DO OTHER, YOU KNOW, TO, TO GET TO THIS POINT.
WE HAVE, WE REALLY WANNA MOVE THIS FORWARD IF IT'S, IF IT'S AT ALL POSSIBLE.
UM, YOU KNOW, WE WE'RE TALKING ABOUT 10,000 SQUARE FEET ON A, I DON'T KNOW HOW MANY TOTAL SQUARE FEET OF, OF THE SITE THERE IS, BUT IT'S A, IT'S OVER 50 ACRES.
SO 10,000 SQUARE FEET OF 50 ACRES IS A VERY, VERY SMALL AMOUNT.
AND I'M HOPING THAT WE CAN PLEASE PUSH IT.
I, I THINK WE'VE ADDRESSED THIS.
MR. SIMON, CAN WE, UH, MOVE, SEE IF THERE'S, ANYBODY ELSE WANTS TO SAY ANYTHING TO THE COMMUNITY? YES.
IS THERE ANY OTHER QUESTION BY ANYONE ELSE FROM THE PUB? OKAY.
UH, IF, IF NOT, I WOULD, UH, LIKE TO, UM, HAVE A MOTION TO CLOSE THE HEARING.
KEEP THE RECORD OPEN TO, UH, WHAT'S THE DATE, UH, AARON ON THE CALENDAR AND JUNE STAFF WOULD RECOMMEND.
AND, AND, AND DURING THAT PERIOD, ARRANGEMENTS WILL BE, WILL BE,
[02:05:01]
UH, MAKE ARRANGEMENTS TO HAVE MR. BODEN VISIT THE SITE, UH, AND, UH, AND SO HE COULD, UH, GIVE HIS WRITTEN COMMENTS DURING THAT PERIOD OF TIME.UH, UH, WITH THAT SAID, I MAKE A MOTION THAT WE CLOSE THE PUBLIC HEARING AND GO BACK TO THE WORK SESSION.
LET'S GET BACK TO THE NEXT THING ON THE AGENDA.
UH, THE LUPUS, IT WILL BE, UH, CASE PB 2012, UH, 65 MERCER AVENUE.
UH, THIS IS A NEW APPLICATION.
UH, DO WE HAVE A REPRESENTATIVE TO, UH, SPEAK TO THIS? GOOD EVENING.
THIS IS SHA BADALING REPRESENTING THE APPLICANT.
MR. BATLEY, CAN YOU JUST ACTIVATE YOUR, YOUR, UH, VIDEO PLEASE? SURE.
AND I'LL SHARE THE SCREEN AS WELL.
IS THAT VISIBLE, SIR? SO, UM, BEFORE YOU WOULD HAVE A, UH, APPLICATION FOR A STEEP SLOPE PERMIT AS WELL AS A, UH, STORMWATER MANAGEMENT PERMIT AND A TREE REMOVAL PERMIT.
UM, THE APPLICATION, UH, IS FOR, UH, A TWO STORY, ONE FAMILY HOUSE ON A SITE THAT WAS PREVIOUSLY APPROVED IN 2017, UH, IN NOVEMBER OF 2017 FOR THE EXACT SAME AMOUNT OF DISTURBANCE.
I'M GONNA PULL UP NOW, THE, UH, STORMWATER MANAGEMENT PLAN THAT WAS PREVIOUSLY APPROVED THAT SHOWS, UH, THE LIMITATION OF THE DISTURBANCE.
UM, AND I'M GOING TO NOW PULL UP THE, UH, PLAN THAT, THAT WE PREPARED AND, UH, JUST CONFIRM THAT THE LIMIT OF DISTURBANCE ON THE PREVIOUSLY APPROVED SITE PLAN AND ON THE CURRENTLY PROPOSED SITE PLAN ON THE LEFT HAND SIDE HERE, UH, IS EQUIVALENT AND THERE IS NO DIFFERENCE.
HOWEVER, THERE ARE CHANGES TO THE SITE ITSELF IN THE DRIVEWAY WALKWAYS AND THE SHAPE OF THE HOUSE, AS WELL AS THE RETAINING WALL.
UM, IN TERMS OF THE SITE, IT'S IN THE, IT'S A 12,282 SQUARE FOOT SITE, AND WE'RE PROPOSING 8,608 SQUARE FEET OF DISTURBANCE.
UM, WITHIN THAT, UH, 1,294 SQUARE FEET IS BETWEEN ZERO AND 15%.
ON YOUR RIGHT HAND SIDE, THAT'S DEPICTED IN THE LIGHT BEIGE COLOR, UH, BETWEEN, UH, 4,062 SQUARE FEET IS BETWEEN 15 AND 25%.
UH, THAT IS IN THE LIGHT GREEN SHADE.
UH, 2,926 SQUARE FEET IS BETWEEN, UH, 25 AND 35%.
AND THAT IS IN THE, UH, DARKER GREEN SHADE.
AND THEN FINALLY, UH, WE DO HAVE 326 SQUARE FEET.
PROVO, UH, PROPOSED IN, UH, MORE THAN 35% SLOPE.
UH, WE HAVE PROPOSED, UH, EIGHT TREES TO BE REMOVED ON SITE OF WHICH FIVE ARE, UH, REGULATED AND WILL REQUIRE A TREE PERMIT.
UH, SO THAT IS DEPICTED ON THIS SITE PLAN HERE.
AND SO THE, THE, THE TREES THAT ARE BEING REMOVED ARE TO ALLOW FOR A CLEAR BACKYARD.
UH, THE TREES THAT ARE AT THE TOP OF THE CHAINING WALL ARE TO REMAIN.
UM, AND THEN, UH, IN TERMS OF THE, UH, STORMWATER MANAGEMENT, WE CURRENTLY HAVE PROPOSED FOUR CALEX, UH, INFILTRATION SYSTEM IN THE BACKYARD TO HANDLE THE, UH, ROOF LEADERS AS WELL AS THE YARD DRAIN IN THE BACKYARD AND TWO UNDERNEATH THE DRIVEWAY TO HANDLE A TRENCH DRAIN AT THE BOTTOM OF THE DRIVEWAY BEFORE THE GARAGE.
UM, WITH THAT BEING SAID, UM, I ALSO WANNA MENTION THAT THE, UH, THE, THE CHANGES IN THE SITE PLAN, UM, COMPARED TO THE ORIGINALLY PROPOSED, UH, ORIGINAL APPROVAL FROM 2017, UM, DEPICTS THE, THE WALKWAY THAT GOES FROM THE DRIVEWAY UP TO THE HOUSE HAS CHANGED.
UH, THE GENERAL BULK OF THE HOUSE IS DIFFERENT, BUT IT IS, UH, SOMEWHAT IN LINE WITH, WITH WHAT WAS PREVIOUSLY PROPOSED AS WELL AS THE DRIVEWAY.
UH, I DO HAVE AS WELL, UH, I DON'T KNOW IF IT WAS PROVIDED TO
[02:10:01]
THE BOARD PREVIOUSLY, BUT THERE ARE ARCHITECTURAL DRAWINGS THAT HAVE BEEN PRE PRELIMINARILY COMPLETED.UH, AND THESE ARE THE ELEVATIONS OF THE HOUSE.
UM, AND, AND WITH THAT, IF, IF THE BOARD HAS ANY QUESTIONS, PLEASE, YEAH, I THINK WHAT WOULD BE VERY HELPFUL TO THE BOARD, YOU SHOW THE CHANGES THAT WERE MADE IN TERMS OF, UH, DISTINCT GROWTH.
WELL, WHAT WOULD BE GOOD IS TO HAVE THE HOUSE IN, UH, UH, UH, UM, IN THIS PROPOSED LOCATION AND CAN SEE WHAT ACTUAL CHANGES, UH, UH, ARE BEING MADE FROM THE FIRST PLAN TO THE SECOND PLAN.
THAT WOULD JUST BE HELPFUL FOR US TO VISUALIZE WHAT YOU'RE ACTUALLY DOING.
DO YOU HAVE THAT AVAILABLE? UH, UNFORTUNATELY I DON'T HAVE A COPY OF THE ORIGINAL SITE PLAN.
UH, W WITH THE SHADED AREAS OF THE STEEP SLOPE FROM 2017.
UM, I'M, I'M NOT ABLE TO SHARE THAT WITH YOU AT THIS TIME.
UH, I CAN COMMENT THAT THE, NO, I'M NOT SAYING THE SLEEP.
OH, NO, I'M NOT SAYING THE SLEEP.
SO JUST THE HOUSE, YOU HAVE THIS HOUSE WITH THE WALKWAYS AND THE OTHER HOUSE WITH THE WALK.
SO WE COULD SEE THE SITUATION.
WE COULD, WE COULD TELL FROM THE, THE CALCULATIONS AND, YOU KNOW, WE COULD SEE WHERE THE DIFFERENCE IN SLOPE, UH, UH, IN SLOPE.
THE, UH, THE DIFFERENCES IN SLOPES WERE.
BUT IF YOU HAD A, JUST ANOTHER ONE WITH THE PICTURE, YOU SAID, OKAY, I'M PUTTING, THE PREVIOUS ONE WAS, HAD THE WALKWAY HERE, THIS ONE HAD THE WALKWAY AT THIS SPOT, YOU KNOW, JUST VISUALLY IT WILL BE HELPFUL, THAT'S ALL.
BUT, YOU KNOW, IT WAS PROVIDED TO US IN OUR PACKET.
RIGHT, WALTER? I MEAN, THERE WAS A DIAGRAM THAT SHOWED WHAT WAS BEING ADDED ON AND DIFFERENT COLORS.
I BELIEVE, I BELIEVE AARON IS PUTTING THAT UP NOW.
I WILL DO I MY PACKET? NO, I'M JUST SAYING IT, IT SHOULD BE IN THE SET OF DOCUMENTS SOMEWHERE.
SO THE, THE SITE PLAN BONUS, I HAD PUT SOMETHING, I'M SORRY, I HAD PUT SOMETHING TOGETHER, BUT THAT WAS JUST WHAT WE PUT IN THE PACKAGES.
I DON'T HAVE IT AVAILABLE WITH ME AT HOME.
THE PLAN THAT YOU'RE SEEING RIGHT NOW IS THE PLAN THAT WAS PREVIOUSLY APPROVED BY THE TOWN UNDER THE FORMER STEEP SLOPE PERMIT.
UM, BUT THIS IS WHAT YOU HAVE THAT WAS PREVIOUSLY APPROVED.
AND THEN IF YOU WANT TO SWITCH TO THE OTHER DRAWING, KIND OF ZOOMED IN, SIMILARLY, DO YOU HAVE IT ON, ON TOP OF THE, UH, YOU KNOW, WITH THE CONTOURS AND WHATNOT? UH, YES.
I, UH, THE CONTOURS IS ON THE GRADING PLAN, SO THAT, OKAY.
SO THE, THE SH THE HOUSE HAS KIND OF BEEN STRAIGHTENED OUT AND THE PATIO IS IN A DIFFERENT LOCATION.
AND THEN THE, THE STEPS KIND OF WERE STRAIGHT UP PREVIOUSLY, WHEREAS NOW, UH, THE STEPS COME OFF OF THE DRIVEWAY, UH, KIND OF IN THE MIDPOINT THERE.
UM, THERE, THERE'S ALSO THIS WALKWAY AROUND THE SIDE OF THE HOUSE THAT LEADS DOWN, UH, TO THE BASEMENT AND THAT, AND THAT WAS NOT THE CASE PREVIOUSLY.
AND, UM, SO, AND WE SEE VERY CLEARLY THE STORMWATER MANAGEMENT SYSTEM THAT WAS SHOWN IN THE BACK.
I KNOW THAT THERE HAD BEEN A COMMENT, UM, ABOUT THE GRADING IN THE REAR OF THE PROPERTY IN THE PREVIOUS PROPOSAL WHERE IT SEEMED AS IF THINGS WERE GRADING TOWARDS THE BACK OF THE HOUSE AND THAT WAS LATER MODIFIED SO THAT THERE WOULDN'T BE AN ISSUE WITH POTENTIAL WATER POOLING.
IT LOOKS LIKE YOU GUYS HAVE THINGS SORT OF GRADING, UM, NOT TOWARD THE HOUSE, BUT TO THE LEFT FRONT, LEFT HAND SIDE OF THE PROPERTY.
I, I DON'T KNOW, UH, IF THAT'S THE SOUTHWEST, UM, PORTION.
SO THAT DOESN'T SEEM TO BE AN ISSUE.
THAT'S SOMETHING I WANTED TO REMIND THE BOARD THAT IT HAD BROUGHT UP PREVIOUSLY UNDER THE FORMER APPLICATION.
UH, IN ADDITION, I JUST WANTED TO MENTION WITH RESPECT TO THE TREE REMOVAL, THIS APPLICANT WAS MADE AWARE AND INDICATED THAT IT WOULD BE SUBJECT TO THE NEW TOWN TREE ORDINANCE.
SO OUR, UH, STAFF FROM OUR OFFICE ARE CURRENTLY REVIEWING THE TREE REMOVAL PERMIT SUBMISSION.
WE'VE GIVEN SOME PRELIMINARY FEEDBACK TO THE APPLICANT AND
[02:15:01]
WE BELIEVE THAT THAT WILL ALL BE WRAPPED UP, UH, AT THE TIME AND GOING INTO A PUBLIC HEARING IF THE BOARD WERE TO ADVANCE THIS TO A PUBLIC HEARING.ARE THERE ANY OTHER QUESTIONS? YEAH, YOU CAN SEE THE CA YOU CAN, I'M SORRY.
YOU CAN SEE THAT THE APPLICANT DID DO CALCULATIONS AS REQUIRED UNDER THE NEW TOWN TREE ORDINANCE FOR THE ENVIRONMENTAL VALUES.
SO, UH, THERE WERE JUST A FEW COMMENTS ABOUT, UH, DIVERSIFICATION OF SPECIES AND, UH, QUANTITY SIZES, THINGS LIKE THAT.
SO WE FEEL THAT THE APPLICANT CAN TURN THAT AROUND RATHER QUICKLY.
WALTER, I HAD A NUMBER OF QUESTIONS ACTUALLY.
ARE THERE ANY OTHER QUESTIONS GOING? UH, YES.
MR. HAY, CAN YOU HEAR ME? YEAH, THANKS.
UM, I WAS NOT ON THE BOARD IN 2017, AS WERE TWO OTHER MEMBERS ON OUR CURRENT BOARD.
WERE NOT THERE, SO I DON'T HAVE THE BENEFIT OF THE PREVIOUS PLANS AND SOME OF THOSE DETAILS.
UM, I WOULD LOVE TO KNOW WHAT THE HEIGHT AND LENGTH OF THAT RETAINING WALL IS.
UM, IT LOOKS LIKE, YOU KNOW, A SIGNIFICANT STRUCTURE WITH, I DON'T KNOW IF IT'S TWO FEET, FIVE FEET, 10 FEET.
DO YOU HAVE SOMETHING ON THAT? YES.
THE TOP AND BOTTOM OF WALL ELEVATIONS ARE LISTED HERE.
SO AT ITS HIGHEST POINT, WHICH IS PRETTY MUCH TOWARDS THIS CORNER, IT IS ABOUT NINE FEET HIGH.
AND THEN AT ITS LOWEST POINT, WHICH IS TOWARDS THE BACK, IT IT, IT DOES TAPER DOWN TO, YOU KNOW, ZERO, ONE FOOT AND ZERO.
SO, UM, SO IT, IT STARTS OFF AT THE STREET AT A ZERO POINT.
AT THIS POINT, IT'S UP TO ABOUT SEVEN FEET BY THE TIME WE GET TO THE MIDPOINT OF THE HOUSE AND IT'S 10 FEET HIGH OR NINE FEET, I SHOULD SAY, HIGH, UH, TOWARDS THE BACK CORNER OF THE HOUSE.
AND THEN AS IT GOES AROUND THIS CURVE, IT TAPERS BACK DOWN TO ZERO AGAIN AT THE BACKYARD.
WELL, THANK YOU FOR EXPLAINING WHAT DW AND BW ARE BECAUSE I HAVE NOT SEEN THAT BEFORE.
WHAT IS THIS WALL MADE OF? WHAT'S THE CONSTRUCTION? WE, WE DON'T CURRENTLY HAVE A MATERIAL PROPOSED, BUT BASED OFF OF ITS HEIGHT, IT MOST PROBABLY HAS TO BE EITHER CONCRETE OR, UH, ONE OF THOSE, UH, UH, PRE-ENGINEERED BLOCK WALLS.
ALRIGHT, BECAUSE RIGHT NOW IT'S PROPOSED YOU DON'T HAVE A, A FIRM PLAN ON, IS THAT RIGHT? THAT IS CORRECT, YES.
UM, FIRST OF ALL, I LOVE THE TREE FORM THAT WE WERE GIVEN.
IS THAT SOMETHING WE'RE GONNA SEE MORE OF OR IS THAT UNIQUE TO THIS APPLICATION AREA WHERE THEY LIST THE AMOUNT OF, UH, WATER AND AIR, UH, OR C O TWO? SO THAT'S CERTAINLY A REQUIREMENT FOR A TREE REMOVAL PERMIT APPLICATION.
I DON'T KNOW THAT IT'S ALWAYS GONNA BE ON THE DRAWING, BUT IT IS SOMETHING THAT WE WOULD HAVE IN THE TREE REMOVAL PERMIT APPLICATION MATERIALS.
SO MY QUESTION ABOUT THE TREES IS THE ONES THAT ARE ALONG THE RETAINING WALL, WE'VE DISCUSSED IN OTHER APPLICATIONS THAT IF YOU CUT IN TOO CLOSE TO THE ROOTS OF THE TREES, THAT YOU DISRUPT THE ROOT SYSTEM.
AND IT LOOKS TO ME LIKE THEY'RE VERY CLOSE TO THE WALL, UM, AS AN ARBORIST, UM, YOURSELF, AARON, WHAT WOULD YOU SAY ABOUT THAT? SO THAT WAS ONE OF THE COMMENTS THAT WE DID HAVE FOR THE APPLICANT, THAT WE WANTED THEM TO TAKE ANOTHER LOOK AT THAT WHETHER OR NOT THEY COULD MEET, UH, THE REQUIREMENTS FOR NOT DISTURBING THE CRITICAL ROOT ZONE OF THOSE TREES PURSUANT TO THE NEW LAW.
SO WE'RE WAITING TO HEAR BACK FROM THE APPLICANT ON THAT.
IT'S POSSIBLE THAT ONE OR MORE ADDITIONAL TREES, IT MAY MAKE SENSE FOR THOSE TO BE REMOVED AND REPLACED RATHER THAN POTENTIALLY DAMAGED AND, UM, YOU KNOW, LEFT TO CREATE A, A, A HAZARDOUS CONDITION DOWN THE ROAD.
UM, I DON'T KNOW, TOM, UH, MR. HAY, YOU MENTIONED THAT, UH, YOU KNOW, YOU WEREN'T ON THE BOARD WHEN THIS WAS PREVIOUSLY BEFORE THE BOARD THERE.
IT WOULD MAKE SENSE TO GET OUT TO THIS SITE AND I'M HAPPY TO EITHER MEET YOU OUT THERE, BUT TOWARDS THE RIGHT HAND SIDE, I, I CAN'T RECALL IF TO THE RIGHT MAY BE TO THE NORTH.
IF I RECALL CORRECTLY, THERE IS SOME SIGNIFICANT ROCK OUT CROPPINGS AND A SLOPE.
AND I REMEMBERED THE DISCUSSION ABOUT THE WALL AT THE, UM, AT THE, AT THE PRIOR DISCUSSION FOR THE PROJECT.
YOU KNOW, THE PRIOR MEETINGS THAT WE HAD.
UH, SO IT'S HARD TO SEE WITH ALL THE VEGETATION, BUT BEYOND THAT, WE GOT IN THERE AND WE WALKED IT AND THERE WAS A SIGNIFICANT AMOUNT OF ROCK AND THERE WERE SOME CONCERNS FROM THE NEIGHBOR UP ABOVE THAT THE ROCK WOULD BE REMOVED IN A, IN A WAY SO WOULDN'T UNDERMINE THEIR FOUNDATION.
AND THERE WAS DISCUSSIONS ABOUT ALL THAT.
UM, IT MAY BE HELPFUL FOR ME TO TRANSMIT PERHAPS THE PUBLIC HEARING TRANSCRIPT FROM THE PRIOR PROJECT TO THE BOARD MEMBERS.
I'M HAPPY TO DO THAT JUST SO YOU GET A LITTLE BIT OF BACKGROUND ON WHAT HAS PREVIOUSLY BEEN DISCUSSED.
SO WE WILL DO THAT IN THE NEXT PACKAGE FOR
[02:20:01]
SURE.AND IN THE INTERIM, WE CAN MAYBE LINE UP A POINT PERSON IF THERE ARE ONE OR UP TO THREE BOARD MEMBERS THAT WOULD LIKE TO GO OUT AND VISIT THE SITE.
I WOULD, UH, YEAH, I WOULD LIKE TO GO TO THE SITE.
SO IS ANYONE ELSE WHO WOULD LIKE YOU WOULD LIKE TO GO? WHO ELSE? I WOULD LIKE TO GO AS WELL.
HOW MANY PEOPLE? WE ONLY HAVE, WE CAN HAVE UP TO THREE.
I ALLOW THE OTHER THREE INDIVIDUAL.
ALRIGHT, I HAD JUST A COUPLE OTHER QUESTIONS.
UM, ONE WAS ABOUT THE DRAINAGE AND IN THE TOPOGRAPHICAL UH, COLORED, UM, THIS, ON THIS DIAGRAM, YOU GO DOWN TO THE BOTTOM, YOU SEE RIGHT IN THE DRIVEWAY LOCATION IS, UH, A STRIPE OF PURPLE, WHICH IS THE STEEPEST SLOPE.
AND THAT'S ALSO WHERE THE CALTECH UNIT FOR THE DRIVEWAY IS LOCATED.
AND I'M KIND OF QUESTIONING IF THAT'S MAKES SENSE TO PUT IT THERE.
'CAUSE IT SEEMS LIKE YOU COULD BE DOING A LOT MORE EXCAVATION WHERE YOU MOVED IT, YOU KNOW, TO THE LEFT AND DOWN LITTLE ON THE PICTURE.
YOU WOULD, UH, AT LEAST BE AWAY FROM THE, THE ACCESSIBLY STEEP PART.
AND I DON'T KNOW IF THAT'S ROCK OR DIRT.
SO I'M WONDERING HOW IT'S GONNA PERCOLATE THAT.
THAT'S DEFINITELY AN EXCELLENT COMMENT AND I, AND I UNDERSTAND YOUR POINT AND I, I DO BELIEVE THAT, UH, IT, IT, WE'RE GONNA LOOK INTO IT AND SEE IF IT IS POSSIBLE.
I, AND I ABSOLUTELY AGREE WITH THE POINT THAT IF IT'S A, IF IT IS THE STEEPEST SLOPE IN THE SITE, THERE IS A STRONG CHANCE THAT WE HAVE SOME ROT IN THAT LOCATION AND MAYBE WE SHOULD REVISIT IT AND, UH, AND, AND POSSIBLY SHIFT IT OVER A BIT THEN YEAH, I WOULD, IF YOU, YOU KNOW, WANT IT TO WORK AND MAKE IT EASIER ON YOURSELF, UH, THE OTHER ONE IN THE BACK, IT IS STILL THE GR GRADING IS GOING UPHILL THERE.
SO I WOULD JUST LIKE TO UNDERSTAND HOW YOU'RE, UM, GONNA BE DRAINING INTO AN UPHILL SLOPE.
I ASSUME YOU CAN BURY THE THINGS DEEP ENOUGH, BUT I DON'T, AGAIN, KNOW IF THERE'S A LOT OF ROCK THERE SO THAT IT WOULD ACTUALLY WORK.
SO WE, WE DO PLAN ON, ON, UH, REGRADING THAT AREA AND THEN INSTALLING THOSE, BE BENEATH THAT, THE, THE PROPOSED GRADE.
UM, AND, UM, SO, AND I, I DON'T HAVE A PERCOLATION TEST OFFHAND TO VERIFY, UM, THAT, SO I, I WOULDN'T BE ABLE TO COMMENT WITH, WITH ITY THAT IT'S, UH, POSSIBLE.
WELL IT'S SOMETHING I WOULD WANT TO KNOW BEFORE YOU ISSUE ANYTHING APPROVAL.
ANYONE ELSE? UH, UH, SAHE, UH, I HAVE A QUESTION REGARDING THE TREE REMOVAL.
UH, YOU'LL BE MOVING THREE TREES, UH, AND YOU ARE SAYING THAT IS REQUIRED BECAUSE OF, UH, THE SITE, UH, SORT OF MAKING A LEVEL GROUND.
UM, I SUPERIMPOSED, UH, WITH, UH, YOUR, UH, GRADING PLA OR, OR SITE DISTURBANCE AND CLEARANCE, AND IT LOOKS LIKE ONLY ONE TREE WOULD BE, UH, IN THAT ZONE THAT WILL REQUIRE TO BE, UH, REMOVED.
UH, THE REST OF THE TWO AT THE BACK OF THE SITE COULD REMAIN.
SO, UH, IS IT YOU ARE REMOVING BECAUSE THE, THE CONDITION OF THE TREE OR, UH, OR YOU REALLY NEED TO CHANGE IT FOR SOME OTHER REASON, BUT I'M NOT CLEAR ABOUT YOUR EXPLANATION ABOUT, UH, REMOVAL OF THE, THE TREE AT THE, UH, THE FAR END OF THE SIDE.
AND, AND TO CLARIFY, THE THREE TREES THAT ARE KIND OF IN THE, IN THE MIDDLE BACK PORTION HERE, UM, AND MAYBE I MISSPOKE, THEY'RE NOT REQUIRED TO BE REMOVED IN ORDER TO REGRADE THE SITE NECESSARILY, BUT MORE SO, UH, TO PROVIDE A CLEANER BACKYARD IN THE AREA THAT'S MORE FLAT.
IT, IT WAS THE CLIENT'S IN AND THE OWNER'S INTENT, UH, TO, TO MAINTAIN SOME BACKYARD THAT'S, UH, FAIRLY OPEN AND AND GRADED BECAUSE OF THE, THE, THE NATURE OF THE REMAINDER OF THE SITE.
BUT, BUT YOU KNOW, THAT WE, WE LIKE TO PRESERVE AS MANY OF THE TREES AS POSSIBLE BECAUSE IT TAKES A LONG TIME TO GROW THE TREE TO THE SAME HEIGHT FOR THE SAME CONDITIONS.
[02:25:01]
WHAT RIGHT, WHAT WE CAN DO IS, UH, AS PART OF THE SITE VISIT, AND I KNOW, UH,SO IF THEY HAPPEN TO BE IN A POOR OR DECLINING CONDITION, IT PROBABLY WOULD MAKE SENSE ANYWAY FOR THEM TO COME OUT AND BE REPLACED WITH SOMETHING YOUNG AND HEALTHY.
IF THEY HAPPEN TO BE IN GOOD CONDITION AND, AND GOOD STRUCTURAL, UM, WE CAN REPORT THAT BACK TO THE BOARD AND THAT'S SOMETHING THAT CAN BE FURTHER DISCUSSED AS PART OF A PUBLIC HEARING.
IF THAT'D BE OKAY WITH, WITH THE BOARD.
UH, ANY OTHER QUESTIONS? OKAY.
UM, IN, IN TERMS, UH, THERE WERE SOME QUESTIONS WE ASKED ABOUT THE RELOCATION, UH, OF THE, OF THE, OF THE RETENTION, UH, UM, CONTAIN, UH, UH, VEHICLES AND THE POSSIBILITY OF, UH, THE SITE VISIT AND, AND THE PERCOLATION TEST.
WHEN, UH, WHEN DOES THE APPLICANT FEEL THAT THEY WOULD BE ABLE TO, UH, HAVE ALL THOSE QUESTIONS AVAILABLE AND WE WILL SCHEDULE, UM, YOU KNOW, THE PUBLIC HEARING ACCORDINGLY.
UH, I DEFINITELY FEEL THAT WE WOULD BE AB AMENABLE TO PROVIDING ACCESS TO THIS SITE AT THE BOARD'S LEISURE.
UM, I KNOW THAT IT IS THE, THE OWNER WOULD MAKE IT ACCESSIBLE WHENEVER NEEDED.
UH, IN TERMS OF PROVIDING A PERCOLATION TEST, UH, TYPICALLY I WOULD ASSUME THAT WE COULD GET ONE WITHIN TWO WEEKS.
UM, SO I, I I'M NOT SURE WHEN THE PUBLIC HEARING IS, BUT I, I WOULD SAY THAT IF WE, YOU KNOW, HAD THREE TO FOUR WEEKS JUST TO BE SAFE AND, AND, AND, AND HAVE THE TIME TO SUBMIT IT TO THE BOARD FOR THEIR REVIEW PRIOR TO THE MEETING, UM, OR, OR WHATEVER YOU SEE FIT AMOUNT OF TIME THAT YOU NEED FOR YOUR REVIEW.
UM, WITH THAT SAID, THEN WE, WE'D WANT, WITH THAT SAID, UM, WE'D WANT THE TOWN ENGINEER TO TAKE A PRELIMINARY LOOK AT IT.
HE DIDN'T HAVE ANY SIGNIFICANT COMMENTS, BUT GETTING HIM THE, UM, SOME ADDITIONAL INFORMATION FOR HIM TO LOOK AT, I FEEL LIKE HE CAN LOOK AT, IN A TIMELY FASHION, STAFF WOULD RECOMMEND THAT, UM, THE, THE HEARING BE EITHER FEBRUARY 3RD OR FEBRUARY 17TH, WHATEVER THE BOARD.
YEAH, I THINK I, I HAD FEBRUARY 3RD IN NINTH, SO, SO, UH, UM, LET'S SHOOT FOR FEBRUARY 3RD AND THEN, AND GET, UM, THE, UH, UM, ALL THE, TO PUT IT BACK, I HAVE ONE OTHER QUESTION ON, ON, ON THE WALL.
UH, WHAT IS THE NEIGHBOR EXPOSURE TO THAT WALL? WELL, COULD YOU CLARIFY WHAT YOU MEAN BY EXPOSURE? WELL, IF YOU HAVE A WALL, WHAT WILL YOUR NEIGHBORS SEE? OH, SURE.
I WAS JUST GONNA SAY THAT THE NEIGHBORS AT A SIGNIFICANTLY HIGHER ELEVATION, SO THEY OKAY.
WALL THE OF THE WALL WILL BE OKAY.
THAT'S WHAT I WAS GONNA MENTION TOO, AND THAT THE, THE HIGHEST PORTION IS KIND OF TUCKED AWAY, BE BEHIND THE BACK CORNER OF THE HOUSE TOO.
SO HOPEFULLY, UM, IT SHOULDN'T BE TOO VISIBLE AS WE COME UP THE STREET EITHER.
AND AS YOU COME DOWN THE STREET, YOU, YOU ARE REALLY COMING FROM A HIGHER ELEVATION, SO IT SHOULDN'T BE TOO NOTICEABLE.
UM, THAT, THAT, THAT'S THE INTENT.
ONE OTHER QUESTION FOR THE APPLICANT.
HAVE YOU THOUGHT ABOUT HOW YOU'RE GONNA BE REMOVING THE ROCK FROM THE SITE? IS, UM, YOU KNOW, WHETHER IT BE THROUGH BLASTING OR, OR TRIP OR CHIPPING OR OTHER MEANS? NO, I HAVEN'T HAD A CONVERSATION WITH THE OWNER REGARDING MEANS AND METHODS FOR THAT.
UM, IF IT'S PERTINENT, I CAN DEFINITELY MAKE SURE, UM, THAT, THAT I HAVE THAT CONVERSATION AND KNOW HOW TO PROPERLY ADDRESS THE BOARD FOR THE PUBLIC HEARING.
YES, PLEASE DO THE BOARD AND THE PUBLIC
ONE OTHER THING ABOUT THE RETAINING WALL, UM, YOU'RE, YOU'VE GOT A RETAINING WALL THAT'S SEVEN TO NINE FEET IN PLACES.
UM, IS THERE GONNA BE A FENCE ON TOP OF THAT, THAT WALL? IT WILL BE REQUIRED, I BELIEVE, TO PROVIDE SOME SORT OF A GUARDRAIL, WHETHER IT BE TRANSPARENT OR NOT.
UH, BUT I, I DO BELIEVE AT THAT HEIGHT, UH, ANYTHING ABOVE 30 INCHES, WE SHOULD PROVIDE SOME SORT OF A GUARD.
WITH, WITH THAT SAID, THEN WE WILL, UH, SCHEDULE A PUBLIC HEARING ON FEBRUARY 3RD, PROVIDING ALL OF THE INFORMATION THAT WE INDICATED IS, UH, IS BEFORE THE PLANNING BOARD, YOU KNOW, AT
[02:30:01]
LEAST, UH, IN TIME ENOUGH TO GO OUT WITHOUT PACKAGE.SO THE, THE, THE LAST ITEM ON THE AGENDA IS CASE PB 20 22 2 LANE.
UM, I, I'M ACTUALLY GOING TO BE REPRESENTING THE APPLICANT.
UH, UH, THEY, THEY'VE ASKED ME TO REPRESENT THEM.
UNFORTUNATELY, THEY'RE NOT ABLE TO MAKE IT TO THE MEETING TONIGHT.
I AM FAMILIAR WITH THE SITE, UH, FOR, FOR THE BOARD'S INFORMATION.
I DID PREPARE THE STORMWATER CALCULATIONS IN CONJUNCTION WITH THIS PROJECT.
UM, AND SO, SO I AM SOMEWHAT FAMILIAR WITH IT.
UM, AND THEN SO, SO BEFORE WE HAVE AN APPLICATION FOR TWO TAX RIDGE LANE, UH, WHICH IS, UH, FOR THE, OOPS, SORRY, I, WHICH IS FOR THE, UH, LEGALIZATION AND OF THE EXPANSION OF THE DRIVEWAY FOR THIS ONE FAMILY HOUSE, AS WELL AS THE EXPANSION OF THE MANEUVERING AREA IN THE DRIVEWAY.
THE DRY STONE RETAINING WALLS, WHICH ARE SHADED IN RED ON THE SITE PLAN, UH, AND THE PATIO, THE ON-GRADE PATIO EXTENSION AROUND THE POOL, SHADED AND BLUE AT THE BACKYARD.
ALL OF THOSE ITEMS ARE CURRENTLY BUILT.
I'M GONNA PULL UP SOME PICTURES RIGHT NOW JUST TO DISPLAY THAT.
SO THIS IS THE BACKYARD, THIS IS THE PATIO EXTENSION ON THE, UH, BACK AND THE SIDES HERE.
UH, WELL, THIS IS THE MANEUVERING AREA IN FRONT OF THE HOUSE.
THIS IS THE EXTENDED DRIVEWAY SHOWING THE DR THE, THE STONE RETAINING WALLS ON THE LEFT AND THE RIGHT HAND SIDE.
UH, AND THAT'S JUST A PICTURE FROM A LITTLE BIT FURTHER AWAY.
UH, SO, SO BEFORE YOU, WE HAVE AN APPLICATION WHICH INCREASES THE AREA OF DISTURBANCE, WHICH WAS PREVIOUSLY PROPOSED.
UH, IT IS MY UNDERSTANDING THAT THAT WILL REQUIRE A ZONING VARIANCE, UH, IN THAT A VARIANCE WAS PREVIOUSLY APPROVED FOR THAT DISTURBANCE.
UM, UH, SO THE, THE DRIVEWAY WAS CURRENTLY APPROVED AT A WIDTH OF 16 FEET AND IT'S NOW BEEN ENLARGED TO 23 FEET.
THE DRIVEWAY MANEUVERING AREA IN FRONT OF THE GARAGE DOORS WAS PREVIOUSLY 30 FEET, AND IT'S BEEN INCREASED TO 48 FEET.
AND THEN, UH, UNFORTUNATELY, I'M SORRY, I DON'T HAVE THE EXACT DIMENSION OF THE PATIO EXTENSION.
UM, HOWEVER, IT APPEARS TO BE APPROXIMATELY FIVE FEET LARGER ON THE BACKSIDE OF THE POOL, AND IT CONNECTS OVER TO THE SIDE OF THE DECK AND OVER TO THE SIDE RETAINING WALL.
AND WITH THAT, IF YOU HAVE ANY QUESTIONS, PLEASE, I JUST WANTED TO POINT OUT A COUPLE THINGS AND IF, IF YOU DON'T MIND, UM, STOPPING THE SHARE SCREEN.
I HAVE A SIMILAR DRAWING THAT I WAS GOING TO SHOW, UM, BECAUSE I THINK IT'S IMPORTANT FOR THE BOARD.
WHAT I DID, UH, PROBABLY LATER, LATER IN THE DAY IS I MARKED UP THE PLAN JUST A BIT MORE TO GIVE THE BOARD A SENSE OF, UM, SO I HAD DONE THIS MARKUP AND THEN I SHARED IT WITH THE APPLICANT, UM, AS, AS MR. BATLEY HAD MENTIONED, UM, THE PURPLISH PINK IS WHERE THEY WIDENED THE DRIVEWAY OKAY.
WITHOUT THE BENEFIT OF A BUILDING PERMIT.
SO ALONG ITS EDGE AND THEN ALONG THIS CHURNING AREA.
SO TO KIND OF BACK OUT A CAR, I GUESS THEY WANTED SOME MORE ROOM.
THESE WILL REQUIRE VARIANCES FROM THE ZONING BOARDS THAT WAS RECENTLY BROUGHT TO MY ATTENTION.
THE RED HERE ARE RETAINING WALLS THAT WERE CONSTRUCTED.
THESE WERE CONSTRUCTED, UH, WITHIN THE PREVIOUSLY APPROVED LIMITS OF DISTURBANCE, WHICH IS WHAT I OUTLINED IN ORANGE.
SO WHEN THIS PROJECT WAS PREVIOUSLY APPROVED BY THE PLANNING BOARD AS PART OF A SUBDIVISION IN 2004, AND THEN STEEP SLOPE, WHICH INCLUDED STEEP SLOPES AND WETLAND WATERCOURSE PERMITS, WHICH WERE THEN RE-APPROVED UNDER A 2016 CASE, THE LIMITS OF DISTURBANCE WERE IDENTIFIED WITH EVERYTHING WITHIN THE ORANGE.
SO THE WALLS, AS I MENTIONED, WERE, ARE WITHIN THE LIMITS OF DISTURBANCE.
THIS LITTLE SECTION IS RIGHT OFF THE EDGE.
SHOULD CLARIFY THAT THE PATIO EXTENSION WENT A BIT BEYOND THE LIMITED DISTURBANCE IN TWO AREAS, AND THE PROPOSED DECK SHOWN IN GREEN WOULD EXTEND BEYOND THE PREVIOUSLY APPROVED LIMITED DISTURBANCE.
SO THE BUILDING DEPARTMENT SAID THEY NEED TO LEGALIZE THE WORK THAT'S ALREADY TAKEN PLACE.
AND THE BUREAU OF ENGINEERING STATED THAT THEY NEED TO
[02:35:01]
OBTAIN A STEEP SLOPE PERMIT FOR THE PROPOSED EXPANSION, UH, OUTSIDE THE PREVIOUSLY APPROVED LIMIT OF DISTURBANCE FOR THE DECK AND FOR THE PATIO WORK THAT ALREADY TOOK PLACE, UH, THE DRIVEWAY WAS NOT IN A REGULATED STEEP SLOPE AREA, IT WAS OUTSIDE THE LIMITED DISTURBANCE.SO THAT DOES REQUIRE LEGALIZATION BOTH THROUGH THE PLANNING BOARD AND THROUGH THE ZONING BOARD OF APPEALS FOR, UH, THE NEEDING A VARIANCE.
SO THERE WERE SOME THINGS THAT WERE ESSENTIALLY DONE OUT ON THIS SITE THAT EXCEEDED WHAT WAS APPROVED BY THE PLANNING BOARD AND BY THE BUILDING DEPARTMENT.
NOW THE APPLICANT SEEK TO LEGALIZE THOSE MATTERS AND OR THOSE ITEMS AND OBTAIN APPROVAL TO BUILD THIS PROPOSED DECK.
UM, I JUST WANTED TO LASTLY MENTION THAT THIS, THIS SITE, WHEN IT WAS, UH, ORIGINALLY SUBDIVIDED SOMETIME FOLLOWING 2004, WAS PART OF A 2004 CASE.
SOME OF THE BOARD MEMBERS THAT WERE ON THE BOARD AT THAT TIME MAY REMEMBER THAT, UH, SHORTLY THE CASES THAT CAME IMMEDIATELY FOLLOWING ADOPTION OF THE STEEP SLOPE AND WETLANDS, WATERCOURSE PROTECTION ORDINANCES, THOSE CASES THAT CAME IN RIGHT AFTER THAT, THOSE PROJECTS HAD VERY TIGHT LIMITS OF DISTURBANCE BECAUSE THE, THE TOWN AND THE BOARDS WERE VERY PROTECTIVE OF DISTURBANCE TO STEEP SLOPES AND WET AND WATER COURSES AND BUFFERS.
AND, UM, I'M GONNA TRY AND ZOOM OUT A BIT, BUT THIS IS A VERY LARGE SITE.
I MEAN, IT'S OVER AN ACRE IN SIZE AND THE LIMITED DISTURBANCE WAS VERY CLOSE.
SO, UH, I JUST WANTED YOU TO BE AWARE OF IT THAT A SIGNIFICANT PORTION OF THIS PROPERTY IS REMAINED IN ITS NATURAL STATE AND UNTOUCHED AND WOULD BE UNTOUCHED.
THEY'RE SEEKING TO EXPAND, UH, WELL TO LEGALIZE A PORTION OF THE WORK THEY'VE ALREADY DONE AND THEN EXPAND A BIT BEYOND WHAT WAS PREVIOUSLY APPROVED.
SO I JUST WANTED THAT TO BE CLEAR TO THE BOARD AS WELL.
I'M HAPPY TO ANSWER ANY QUESTIONS AS WELL IN TERMS OF OKAY, IN TERMS OF PROCEDURES, DO THEY HAVE TO GET, UH, LEGALIZE THAT FIRST BEFORE WE COULD, UH, MAKE A DECISION ON THE PROPOSAL? OR COULD THAT BE DONE SIMULTANEOUSLY OR CAN THAT, HOW, WHAT IS THE LEGAL PROCESS THAT WE HAVE TO FOLLOW TO SO, UH, DEAL WITH THIS APPLICATION? DO WE HAVE TO LEGALIZE IT FIRST SO THE LEGALIZATION CAN RUN SIMULTANEOUS WITH THE NEW STEEP SLOPE PERMIT? OKAY.
UM, THE, THE ZONING BOARD WILL HAVE TO ISSUE ITS DECISION ON THE DRIVEWAY.
SO THE RETAINING WALLS ARE SOMETHING THAT WE JUST WANTED THE BOARD TO BE AWARE OF EVERYTHING THAT WAS DONE.
YOU KNOW, IF THEY HAD A COPY OF THE OLD PLANS AND SAID, WHOA, WHAT ARE THESE WALLS? WE WANTED TO BE SURE THAT THE BOARD WAS AWARE OF EVERYTHING THAT HAD BEEN DONE.
WHAT'S THE SECRET? WHAT'S THE SECRET STATUS? AARON SEEKER STATUS IS, UM, THAT IT WOULD BE AN UNCOORDINATED REVIEW AND BOTH THE, THE VARIANCE OR VARIANCES BEFORE THE ZONING BOARD AND THE LEGALIZATION AND THE PROPOSED EXPANSION ALL QUALIFY ACTUALLY AS TYPE TWO ACTION.
FIRST OF ALL, I'M LOOKING AT THAT DRIVEWAY 40, THAT'S 48 FEET FROM THE GARAGE TO THE END OF THAT.
THAT'S THREE CAR, ALMOST THREE CAR LENGTHS.
AND IS THAT WHAT THE VARIANCE IS FOR WHAT? YEAH.
TRUTHFULLY, I THINK WE SHOULD SEND THIS THING, MY RECOMMENDATION IS LET IT GO TO THE ZONING BOARD BEFORE WE, WE CONSIDER EXPANSION.
I, I I, I, TO ME THAT DRIVEWAY IS, UH, UNNEC UNLESS THEY HA HA PLANNING A SMALL CAR DEALERSHIP.
I'M NOT SURE WHY YOU WOULD HAVE A DRIVEWAY THAT BIG.
IT'S THE SIZE OF A PARKING LOT.
YOU HAVE THE OPTION, BUT NOT THE, UH, REQUIREMENT OF MAKING A RECOMMENDATION ON
[02:40:01]
A VARIANCE IN THIS CASE.I WOULDN'T, I I THINK THIS IS ABSOLUTELY UP TO THE ZONING BOARD.
I WOULD, I WOULD STAY NEUTRAL AND LET THEM JUST LET THAT THEM APPLY.
THIS IS DEFINITELY, YOU TALK ABOUT SOMETHING THAT'S DEFINITELY THEIR DECISION.
THIS THIS IS A HUNDRED PERCENT THEIR DECISION.
I THINK THAT WAY WE CAN LEGALIZE WHAT'S THERE AND THEN DEAL, DEAL WITH IT.
I ALSO, YOU KNOW, UH, MR. BAD DOLLY, UH, I YOU DID A GREAT JOB, UH, UH, FILLING IN FOR THEM.
BUT BOY, I'LL TELL YOU BEFORE I WANNA DO ANYTHING ON THIS, I WANT TO HEAR FROM THE APPLICANT.
SO I'D RATHER THE APPLICANT GO BEFORE THE ZONING BOARD GET THEIR VARIANCE AS THEY COME BACK TO US, US FOR THIS.
IS THERE A VARIANCE NEEDED FOR THE EXPANSION AARON AS WELL? NO.
SO YOU, THESE CAN RUN SIMULTANEOUS.
THEY CAN GO TO THE ZONING BOARD TO SEEK, UM, THEIR VARIANCES FOR THE DRIVEWAY, THE, THE, THE THE OR AND, AND FOR LEGALIZATION, BECAUSE THE DRIVEWAY'S ALREADY BUILT TO WHAT YOU SEE IN THE SHADED OF PURPLE.
THEY WIDENED IT ON THE RIGHT HAND SIDE, WHICH PUTS IT IN THE SIDE YARD SETBACK.
THAT'S THAT STRIPE ON THE RIGHT HAND SIDE.
RIGHT PORTION OF THAT GOES INTO THE SIDE YARD SETBACK, WHICH IS CLOSER THAN WHAT WAS APPROVED BY THE BUILDING DEPARTMENT.
AND THEN THE LARGER, THE LARGER AREA IS WHERE THEY WIDENED IT, UH, FURTHER THAN WHAT WAS PERMITTED AND WHAT'S PERMITTED BY CODE.
SO THEY, THEY CAN SEEK THOSE LEGALIZATIONS THROUGH THE ZONING BOARD SEPARATELY.
UM, WHAT THEY NEED TO LEGALIZE THROUGH THE PLANNING BOARD ARE THE, THE, AND IF I CAN ZOOM IN JUST A BIT, THE STEEP SLIDE, THE, THE, THE, WHERE WERE THEY KIND SLOPE ARE THE, IT'S THE ADDITIONAL AREAS OF DISTURBANCE TO STEEP SLOPES, WHICH WAS PARTING THE BACK HERE.
BUT YEAH, I, I, I, I AGREE WITH, WITH YOU THAT, THAT LET, LET THE, UH, THAT'S WHY THAT WAS THE GENESIS OF MY ORIGINAL QUESTION IN TERMS OF WHAT IS THE BEST, BEST PROCEDURE.
AND I AGREE WITH YOU THAT AT LET THE ZONING BOARD, UH, UH, GET THIS, UH, MAKE A DECISION ON THAT AND THEN WE COULD THEN DEAL WITH THE STEEP SLOPE.
WELL, THE BIGGER ISSUE, JUST TO, JUST TO CLARIFY, AND I, AND I I I PROBABLY DIDN'T ANSWER HUGH'S QUESTION, UH, FULLY, WHICH IS THERE'S, THERE'S NO VARIANCE REQUIRED FOR WHAT THEY'RE DOING IN THE BACK HERE.
THAT, THAT MAKES IT EVEN EASIER.
AARON, I DON'T SEE ANY REASON.
FIRST OF ALL, THEY'RE THE ONES WHO, WHO VI WHO, WHO IGNORED WHAT THE APPROVAL.
SO I DON'T SEE ANY REASON TO BEND OVER BACKWARDS FOR THESE FOLKS.
THEY, THEY DON'T BOTHER TO SHOW UP WHEN, WHEN ARE THE THINGS SCHEDULED TONIGHT.
SO I, I REALLY DON'T, WE HAVE A, A VERY, WE HAVE A LOTS OF PROJECTS ON OUR, OUR SCHEDULE AND FRANKLY, I THINK THE BIGGER ISSUE WITH THE TWO, I, I DON'T THINK THE THINGS WE HAVE TO DEAL WITH ARE A MAJOR ISSUE.
SO I'D RATHER, UH, I THINK THE BIGGER ISSUE IS WHAT THE ZONING BOARD HAS TO DEAL WITH THE, THE RIGHT CONFIGURATION OF THE
NOW, I I I, I JUST WANT, I JUST WANT TO SAY THAT, UM, JU JUST AS YOU'RE AWARE ABSOLUTELY.
THE OWNERS PERHAPS COULD HAVE GONE UP.
I, I WANTED TO INDICATE TO THE BOARD THAT, UM, THEIR ARCHITECT WHO HAD BEEN WORKING ON THE PROJECT FOR A PERIOD OF TIME, UM, DID HAVE A HEALTH ISSUE OVER.
AND SHE CONTACTED ME JUST THE OTHER DAY, UM, TO SAY THAT SHE WAS NOT GONNA BE ABLE TO, TO APPEAR, BUT THAT SHE WOULD HAVE SOMEONE COME INTO HER PLACE.
SO I JUST WANTED THE BOARD TO BE AWARE OF THAT.
THE ONLY, IT, IT JUST POPPED UP.
THE ONLY THING, THE ONLY THING TO ME IS I, I, I LOOK AT WHAT, WHAT OUR APPROVAL IS ON THIS, AND IT'S RELATIVELY MINOR, FRANKLY, THE ISSUES THAT WE HAVE TO DEAL WITH, I DON'T SEE THEM AS A BIG ISSUE.
IT'S A SMALL ADDITIONAL DISTURBANCE OUTSIDE THAT'S OUTSIDE THE YELLOW LINE, WHICH IS WHAT YOU'RE TALKING ABOUT, AARON, I BELIEVE, I DON'T SEE THAT AS A BIGGER, AS BIG AN ISSUE AS THE CONFIGURATION OF THE DRIVEWAY.
SO I'D RATHER LET THE ZONING BOARD GO FIRST AND TELL US THAT THEY'RE OKAY WITH THE DRIVEWAY AND THEN WE CAN SCHEDULE IT RIGHT AFTER THAT.
AND I DON'T THINK IT'LL BE A BIG DEAL AFTER THAT.
BUT I DON'T SEE GOING AHEAD SIMULTANEOUSLY.
WELL, LET ME, LET ME CLARIFY ONE THING, UM, THAT MAY CLEAR THINGS UP FOR YOU.
THE, THIS AREA THAT'S OUTSIDE THE ORANGE IS NOT IN AN AREA OF REGULATED SLOPES, SO IT'S NOT REALLY PERTINENT TO A PLANNING BOARD DECISION ON IT.
I UNDERSTAND THAT THE AREAS, I'M SORRY.
YEAH, BUT WE, I UNDERSTAND, I UNDERSTAND THAT WE'RE NOT MAKING THIS.
SO, SO I THINK THERE'S, THERE'S KIND OF TWO SEPARATE TRACKS AND I DON'T THINK THAT THEY'RE NECESSARILY LINKED.
[02:45:01]
FOR INSTANCE, IF THE ZONING BOARD SAID YOU'RE APPROVED, THEN THIS WOULD REMAIN AS IS.IF THE ZONING BOARD DENIED IT, THEN THEY'D HAVE TO REMOVE PAVEMENT FROM, UH, ALONG THE DRIVEWAY.
THEY MAY HAVE TO MOVE THE WHOLE, THEY MAY HAVE TO MOVE THE WHOLE DRIVEWAY, WHICH COULD CHANGE THE STEEP SLOPE.
BECAUSE THE DRIVEWAY, THEY DON'T, THEY HAVE, THEY'D HAVE TO, IF THEY DON'T GET THE VARI, IF THEY DON'T HOLD ON, LEMME FINISH.
IF THEY DON'T GET THE VARIANCE RIGHT, THEY'D HAVE TO MOVE THE DRIVEWAY.
IF, IF THEY, IF THEY DON'T GET THE VARIANCE, THEY'D HAVE TO REMOVE WHAT'S IN PURPLE.
EXCEPT THEY PROBABLY WANT THE WIDTH OF THE DRIVEWAY.
THAT, SO ALL, ALL I'M TRYING TO SAY IS THAT, IS THAT I WOULD LIKE TO SEE SOMETHING.
I WAS JUST GOING TO SAY THAT, THAT I FEEL THAT BOTH CAN MOVE FORWARD BECAUSE THEY'RE NOT FULLY CONNECTED WITH ONE ANOTHER.
AND I WANTED, I, I ACTUALLY WANTED DAVID TO O OPINE ON THAT BECAUSE I THINK THAT WOULD BE IMPORTANT.
I JUST, I JUST WANT TO BE CLEAR THAT IF THE ZONING BOARD, WHATEVER THE ZONING BOARD DOES WITH RESPECT TO THE DRIVEWAY, SHOULD NOT HAVE AN IMPACT ON WHAT THE PLANNING BOARD DOES WITH THE BLUE AND THE GREEN AND THE, IT DOES TO ME BECAUSE WE'VE TALKED, LET, LET, JUST A MINUTE, JUST A MINUTE.
WE HAVE THE OP RIGHT NOW, WE HAVE THE OPTION THROUGH SCHEDULING TO DECIDE WHETHER OR NOT WE WILL MOVE FORWARD TOGETHER OR WE JUST WANT TO WAIT.
SO IT, YOU KNOW, WE COULD JUST DO THAT THROUGH SCHEDULING.
AND I SAY, AND SO IF WE COULD DO IT JUST THROUGH SCHEDULING, WE RECOGNIZE THAT IT IS, THE, THE DRIVEWAY IS NOT A PLANNING BOARD DECISION, BUT JUST THROUGH SCHEDULING, WE SAY, HEY, GIVE IT TO THE ZONING BOARD.
AND THEN WHEN IT COMES BACK TO US, THE STEEP SLOPE IS A MINOR.
I THINK IF YOU'RE LOOKING AT IT'S, IT'S A RELATIVELY MINOR ISSUE.
THAT JUST CUTS ACROSS A FEW FEET OF THE DECK IN THE BACK.
SO I THINK THE MAJOR ISSUE IS THE DRIVEWAY.
SO LET JUST THROUGH SCHEDULING, GIVE IT TO THE PLANNING BOARD, I MEAN E B A TO THE ZONING BOARD AND A NEUTRAL, AND STAY NEUTRAL AND LET THEM MAKE THE DECISION ON IT.
AND WHEN IT'S NOT A AS SIMPLE AS THAT AGREE.
SO I DON'T THINK WE NEED TO HAVE A LONG DISCUSSION ON, YOU KNOW, ON, UH, WISHY WE DO FIRST AND SCHEDULE.
WE JUST IS A VERY SIMPLE SOLUTION.
I, I JUST WANTED TO BE CLEAR SO THAT, THAT, UM, THE BOARD WERE ALL CLEAR ABOUT THAT.
THAT SAID, I JUST WANNA POINT OUT ONE QUICK THING, WALTER, WHICH IS THE LETTER OF NOVEMBER 17TH FROM THE CONSULTANT IS ADDRESSED TO FRANCIS MCLAUGHLIN.
I ASSUME THAT WAS PICKED UP FROM THE OLD FILE, BUT, UH, WALTER, YOU'RE THE CHAIRMAN, SO I WOULD JUST ASK THEM TO UPDATE THEIR, THEIR RECORDS FOR ANY FUTURE RECORDS.
AND, AND THE REASON WHY I WANTED TO GO THROUGH THAT WITH THE BOARD IS JUST SO THAT IF WE DO END UP SCHEDULING THAT THE BOARD'S NOT THROWN OFF AS TO WHY THIS IS BACK ON THE SCHEDULE, SINCE I TYPICALLY JUST DO SCHEDULING WITH THE CHAIRS.
SO, UM, THAT THAT WAS PART OF IT.
AND WE WILL HAVE THE APPLICANT, BUT I THINK I WOULD LIKE, I WOULD LIKE TO, I WOULD LIKE THE, THE BOARD TO GIVE A RECOMMENDATION TO THE Z B A.
I'LL MOVE, I'LL MOVE THAT WE GIVE A NEUTRAL RECOMMENDATION TO THE Z B A.
IF NOT, I ENTERTAIN, UH, WE'LL TAKE A VOTE ON IT.
ALL THOSE IN FAVOR OF MAKING, AYE AYE.
SO WE JUST SEND IT TO THE ZONING BOARD FOR MUTUAL RECOMMENDATION.
WE DO WE STILL HAVE A CAPITAL? HAS ANYBODY LOOKED? UH, MY UNDERSTANDING IS THAT THEY'RE GONNA RESUME VOTING TONIGHT THAT THEY'VE CLEARED.
IF, IF WHAT, UH, I'VE BEEN ABLE TO SEE, UH, YOU KNOW, UH, YOU KNOW, QUICKLY, UH, YOU KNOW, JUST THROUGH NEWS REPORTS THAT THEY'VE CLEARED THE AREA AND THEY'RE GONNA CONTINUE A VOTE TONIGHT.
UM, I DO HAVE A ONE MATTER, UM, WELL, I'LL, YOU KNOW, IT'S, IT'S, IT'S NOT EVEN IT AN EXECUTIVE SESSION.
I'LL, I'LL TALK TO THE, UH, TWO MEMBERS, UH, PRIVATELY.
WALTER AND HUGH, IF YOU CAN STAY ON, UH, AT THE END.
WITH THAT SAID, I'LL MAKE A, A MOTION TO DON'T NEED ONE.
[02:50:01]
PUBLIC HEARING, WE'RE NOT IN, WE'RE IN WORK SESSION.