* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. OKAY. RECORDING [00:00:01] IS STARTED. CHAIR. [ TOWN OF GREENBURGH PLANNING BOARD AGENDA WEDNESDAY, April 21, 2021 – 5:00 P.M. Meetings of the Planning Board will be adjourned at 8:00 p.m. ] UH, GOOD EVENING AND WELCOME TO, UH, TONIGHT'S PLANNING, UH, UH, BOARD MEETING OF APRIL THE 21ST, UH, 2021. I'D LIKE TO START WITH A ROLL CALL, UH, OF THE PLANNING BOARD MEMBERS. SURE. CHAIRPERSON SIMON HERE. MR. SCHWARTZ? HERE. MR. DESAI? HERE. MR. HAY? HERE. MS. F*G HERE. OKAY. NOTE FOR THE RECORD THAT BOARD MEMBERS, MR. SNAGS AND MR. GOLDEN ARE NOT PRESENT THIS EVENING. OKAY. I WOULD LIKE TO START WITH THE NEXT THING ON THE AGENDA IS THE APPROVAL OF THE MINUTES OF APRIL THE SEVENTH, 2021. I I LOOK AT THE MINUTES. I HAVE NO COMMENTS, UH, OR CORRECTIONS. UH, HAVE, DO ANYONE ELSE HAVE ANY, HAVE COMMENTS OR CORRECTIONS? I HAVE ONE SMALL CORRECTION ON PAGE SEVEN. PAGE SEVEN. THE FIRST SENTENCE, IT SAYS, MR. HAYES SUGGESTED ADDING BOLLARD LIGHTING. I THINK IT SHOULD SAY ADDITIONAL BOTHERED LIGHTING. THEY HAD ONE, I WAS SUGGESTING MORE THAN ONE. OKAY. IT'S NOT AS IF THEY DIDN'T HAVE ANY. MR. CHAIR. YES. UH, CAN I ASK YOU, UH, JUST TO SPEAK A LITTLE BIT LOUDER? UH, YES. I MIGHT. AT LEAST HERE YOU'RE COMING. UH, YOU HAVE VOLUMES. MY BROADCAST IS, SEEMS TO BE LOW. DAVE. I, I'M, I'M, EVERYBODY. SOUNDS LOWER THAN NORMAL ON MY BROADCAST TOO. I DON'T KNOW WHY. OKAY. WELL THEN I'LL ASK ALL OF US QUESTION. IS THIS ANY BETTER? THAT'S BETTER, WALTER. YEAH. OKAY. I BROUGHT THE, I'M CLOSER TO, UH, THE MICROPHONE ON MY COMPUTER. THERE'S NO VOLUME CONTROL ON ZOOM, IS THERE? YES, IT IS IN YOUR AUDIO. NO, NO. I'M ASKING DAVE, DAVE OR AARON INTERNALLY? NO, I DON'T THINK SO. 'CAUSE IT JUST SOUNDS, IT SOUNDS FOR SOME REASON NOT AS, AS LOUD AS IT NORMALLY DOES. OKAY. SO WE JUST HAVE TO MAKE SURE WE SHOULD ALL SPEAK UP JUST TO BE ON THE SAFE SIDE. OKAY. UM, ANY OTHER, UH, CORRECTION OR ADDITION TO THE MINUTES OF, UM, OF APRIL 7TH, IF THE YES. UH, MONA'S RAISING HER HAND, BUT SHE'S MUTED. YES, MONA, YOU'RE MUTED. OKAY. UM, ON PAGE SIX, IN THE FIRST PARAGRAPH, YES. WE HAD CONVERSATION WITH CAPTAIN LAWRENCE ABOUT, UM, ADDING ADDITIONAL, UM, HANDICAPPED PARKING IN THE SOUTHERN LOTS. AND THERE'S NO MENTION OF THAT AT ALL IN THE MINUTES. WE WANTED TO MAKE SURE THAT THEY PUT IT IN THE SOUTHERN LOTS AND NOT IN THE NORTHERN LOTS. AND THERE'S NO MENTION OF THAT AT ALL IN THE MINUTES. AND I WANTED TO MAKE SURE THAT THAT APPEARED IN THE MINUTES. WE, I KNOW THAT I SPOKE WITH THEM ABOUT THAT TO MAKE SURE THAT THEY PUT IT IN THE SOUTHERN LOTS, THE ADDITIONAL HANDICAP PARKING. AND I WOULD LIKE THAT TO APPEAR IN THE MINUTES. OKAY. I SEE THE SECTION, WHICH IS AT THE TOP OF PAGE SEVEN. MM-HMM. , I WILL ADD IN A LINE ABOUT THAT. OKAY. THANK YOU. OKAY. ANY OTHER COMMENTS REGARDING THE MINUTES? IF NOT, I MAKE A PROPOSAL THAT WE ACCEPT THEM IN AS AMENDED. SECOND. ALL IN FAVOR? AYE. AYE. OPPOSED? STAND. OKAY, ABSTAIN. WHO ABSTAIN? I DID. I WASN'T AT THE MEETING. WASN'T AT THE MEETING. OKAY, FINE. OKAY. UM, I, I JUST WANT TO, UH, UH, MAKE SOME ANNOUNCEMENT OF THE CHANGES IN TONIGHT'S AGENDA IF WE, WE'LL NOT HAVE A, A, UH, HEARING, UH, UH, THIS EVENING. UH, WE HAD ONE CASE BB 21 0 1 18 MOUNT PLEASANT LANE. THEY DID NOT GET OUT THE PUBLIC NOTICE, AND THEREFORE WE CANNOT HAVE A, UH, UH, A PUBLIC HEARING ON THIS. SO, UH, UH, I WILL MOVE THAT TO MAY THE FIFTH, OUR NEXT MEETING. BY THEN, THE PROPER PRO, UH, PUBLIC NOTICE WOULD HAVE BEEN GIVEN. SO THAT COMES OFF OF THE AGENDA TONIGHT. UH, I JUST WANNA ADD, UH, [00:05:01] THAT PB UH, 2106 WAS SOMETHING THAT WE GOT, UH, UH, GOT IN AFTER THE PACKETS WAS SENT OUT. AND SO THAT WAS SENT OUT AFTER THE PACKET. AND I JUST, UH, IT, UH, RE UM, CONCERNS A, UH, PARKING VARIANCE, UH, UH, IN CONNECTION WITH, UH, 10, UH, COUNTY CENTER ROAD. UH, IT'S THE OLD VERIZON BUILDING THAT HAS BEEN EMPTY OR PARTIALLY EMPTY FOR A NUMBER OF YEARS. AND, UM, AND I THINK THIS STRAIGHTFORWARD APPLICATION, SO WHAT I PLAN TO DO ON, UH, MAY 5TH MEETING IS TO HAVE A WORKS SESSION AND A PUBLIC HEARING AT THE SAME, UH, TIME. WE TRADITIONALLY DO SOMETHING LIKE THIS. AND WHEN IT'S A STRAIGHTFORWARD APPLICATION, IT'S NOT A MAJOR, UH, UH, UH, UM, CON, UH, UH, ISSUE WITH ANY, UH, CONTROVERSY AND IT, UH, AND JUST THE EXPEDITE THING. SO THAT'S MY PLAN TO PUT THAT ON THE AGENDA FOR MAY 5TH WITH BOTH A WORK SESSION AND A HEARING. IS THERE ANY DISCUSSION OR, UH, REGARDING THAT DATE? UH, I, I JUST WANT TO, UH, YOU KNOW, SORT OF PRO PROVIDE A LITTLE CLARIFICATION. UH, THE MATTER IS, WELL, ACTUALLY ON FOR A SPECIAL PERMIT, 'CAUSE IT'S RECREATION OVER, UH, THE MINIMUM, UH, I THINK IT'S FI THAT'S 5,000 SQUARE FEET, RIGHT? UM, SO IT'S ON, FOR, IT'LL BE ON FOR SPECIAL PERMIT, WHICH IS WHAT THE NEED FOR THE HEARING IS. UM, I BELIEVE, ALTHOUGH I'VE NOT CHECKED, UH, THAT IT ALSO MIGHT NEED A SHARED PARKING, UM, WE'RE, WE'LL, WE'RE GONNA GET THAT EVALUATED BY THE, UH, UH, BUILDING INSPECTOR, BUT WE'RE PRESUMING THAT, UH, UH, THAT THAT'S THE OTHER, UH, ITEM THAT WILL BE ON FOR THAT MATTER. OTHERWISE, IT'S IN IT'S INTERIOR IN THE BUILDING. OKAY. ANY OTHER COMMENTS ON, ON, UH, YEAH, WALTER, I HAVE A, UH, I MEAN, CAN YOU, I MEAN, I KIND OF MISS, THIS IS A, WHERE IT'S A MINOR WETLAND. NO, DID I SAY THAT? NO. A SHARED PARKING, WHICH, WHICH ONE IS THIS THEN? SHARED PARKING. IT'S NOT ON TONIGHT'S AGENDA. UH, CORRECT. IT'S, IT, UH, IT WAS, UH, INFORMATION THAT WALTER GOT, UM, AFTER THE PACKET WENT OUT. WE DISCUSSED IT WITH HIM YESTERDAY. WE, WE JUST GOT IT. UH, BUT THE QUESTION WAS, USUALLY YOU HAVE A WORK SESSION AND A PUBLIC HEARING ON DIFFERENT DATES. THIS, UH, YOU KNOW, THE CHAIR, UH, HAS TAKEN A LOOK AT IT AND, UH, USING HIS DISCRETION, HE'S GONNA PUT IT ON FOR BOTH AT THE, OR THE INTENTION IS TO HAVE IT BOTH. THE REASON WHY WE'RE ALERTING THE PLANNING BOARD OF THIS AT THIS TIME IS BECAUSE, UM, THE APPLICANT, IN ORDER TO HAVE A PROPERLY SCHEDULED PUBLIC HEARING, HAS TO GET THE HEARING NOTICE OUT. SO, AS A COURTESY, THE CHAIR WAS JUST ADVISING EVERYONE, UH, THIS PLAN. CLEARLY, IF THERE'S AN ISSUE THAT COMES UP, UH, AT THE PUBLIC HEARING, AND THE PLANNING BOARD WANTS TO HOLD IT OVER, YEAH. WE HAVE THAT OPTION. FACT, THE NEXT MEETING THERE IS THAT OPTION TO DO SO. YEAH. BUT I, I LIKE TO KNOW WHAT'S A, WHAT'S APPROACH, WHAT'S APPLICANT APPLICATION IS BEFORE WE KIND OF, I'LL TELL YOU, I'LL TELL YOU. IT'S A JITSU GYM THAT'S ALREADY EXISTING IN GREENBURG. THEY'RE IN EAST HARTSDALE ON EAST HARTSDALE AVENUE. THEY'RE PLANNING TO MOVE TO THE BUILDING THAT WAS THE FORMER, UH, VERIZON BUILDING. UM, UH, WHAT'S, WHAT'S THAT? UH, IT'S A COUNTY CENTER ROAD. 10 COUNTY, YEAH. COUNTY CENTER ROAD. AND, AND, AND IN ADDITION TO THAT, THIS IS TRULY A CASE OF SHARED PARKING, BECAUSE IN THAT BUILDING, A, I I DON'T RECALL HOW MANY SQUARE, UH, UH, FOOT, UH, FEET IS BEING USED, BUT IT'S BEING USED FOR CHURCH ON SUNDAY. AND SO, UH, DURING THE WEEK, UH, YOU DON'T, UH, YOU DON'T HAVE THOSE SPACES BEING USED. AND THIS IS A BUILDING THAT WILL BE USED IN THAT SPACE DURING THE WEEK. SO IT IS TRULY IN THE REAL SENSE, SHEER PARKING BECAUSE THEY'RE USING THE SPACE AT ALTERNATE TIMES. SO AGAIN, I THINK THAT IS A PLUS. AND THE FACT THAT IT IS A, A, A BUSINESS IN TOWN THAT IS USING, UH, 3000 SQUARE FEET, AND THEY WANT TO EXPAND AND [00:10:01] STAY IN THE TOWN OF GREENBURG AND MOVE FROM 3000 SQUARE FEET TO 8,000 SQUARE FEET. I THINK THAT'S ANOTHER PLUS IN TERMS OF, OF KEEPING BUSINESSES IN THE TOWN. SO BASED UPON THAT, I, I FEEL THAT WE SHOULD MOVE FORWARD AND HAVE, UH, THE HERON, I MEAN, THE WORK SESSION AND, AND THE HEARING AT THE SAME TIME, AND WHICH THE BOARD HAVE THE OPTION AFTER THE WORK SESSION, SAY, NO, NO, NO, WE'RE NOT READY FOR THE HEARING. SO YOU STILL HAVE THAT OPTION. IF YOU FAILED, YOU DON'T HAVE ENOUGH INFORMATION AT THE WORK SESSION SESSION. AND IF YOU DO, THEN WE CAN MAKE, WE COULD, UH, DO IT IN ONE MEETING. SO THAT'S THE LOGIC I USE FOR SCHEDULE FOR, YEAH. WALTER, SORRY, BUT I, I, I, I DON'T QUESTION ABOUT YOUR, YOUR INTENTION OR LOGIC, BUT I JUST WANTED TO KNOW WHAT THE PROJECT IS ABOUT BEFORE, BEFORE I SAY YES, OR I MEAN, I AGREE ON THIS. NO, NO, BUT YOU'RE NOT SAYING YES TO IT SOUNDS CORRECT. IT'S A, IT'S IN YOUR EMAIL. YOU GOT THAT INFORMATION IN YOU. CORRECT. YOU'RE NOT SAYING YES TO ANYTHING. ANYWAY, ALL YOU ALL WE'RE DOING ALL WALTER DID. I JUST WANNA UNDERSTAND WHAT, WHAT THE PROJECT IS ABOUT. IT'S A SHARED PARKING THEN. YES. OKAY. RIGHT. THAT, THAT'S WHAT I, I, I, I JUST WANTED TO GET OKAY, FINE. THE SHARED PARKING. OKAY. PARKING AND A, AND A JUJITSU. JOJO, A DOJO THAT IS ALREADY OPENING IN GREENBURG. THEY'RE MOVING FROM ONE PLACE. NO, NO, NO. I DON'T THINK WE SHOULD BE DISCUSSING IT. NO. DISCUSSING THIS. I NEED TO KNOW, I JUST WANTED TO KNOW WHAT THIS, WHAT THE PROJECT IS ABOUT. I AGREE WITH YOU. OKAY. NOW THAT'S, I AGREE. LET'S MOVE ON. YOU KNOW, WHAT THE PROJECT IS. SO THAT'S WHAT, HOW WE WILL PROCEED. I AGREE. PROCEED ON THE PROJECT ON MAY 5TH. OKAY. GOOD, GOOD, GOOD. OKAY. NOW THE OTHER THING THAT CAME TO OUR ATTENTION IS, UH, IS, UH, 25 BAY BERRY ROAD, A MIN WETLANDS, UH, PERMIT. AND AS YOU KNOW, THERE ARE SEVERAL WAYS THAT WE HANDLE, UM, UH, UH, MINOR WETLANDS PERMIT. I MEAN, AND WHEN WE GET CASES WHERE, UH, UH, SOMEONE MIGHT BE PUTTING ON A DECK IN THE, IN THE BUFFER AREA, NOT IN THE WETLANDS, IN THE BUFFER AREA, AND THEY JUST DIGGING MAYBE THREE OR FOUR SUPPORTS TO HOLD UP A DECK. YOU KNOW, WE JUST TURNED THAT OVER TO THE WETLANDS INSPECTOR. AND I THINK THERE WAS ANOTHER CASE WHERE THE WETLANDS WERE ON THE OTHER SIDE OF A ROAD AND INCLUDE, AND WE JUST SAY, YOU KNOW, WE JUST TURN IT OVER AND THIS IS A CASE THAT IT IS, IS, UH, SLIGHTLY MORE COMPLICATED. AND NOW WE FOLLOW THE PROCEDURE THAT IN THOSE CASES, WE HAVE OUR WETLAND INSPECTOR WRITE AN EVALUATION. IT HAS. AND HE, UM, WRITING A, UH, UH, A, A POSITIVE EVALUATION. WE HAVE THE C A C, WHICH GAVE IT A POSITIVE RECOMMENDATION. WE HAVE THE OPTION OF AGREEING WITH THEM AND SAYING, YES, WE'LL TURN IT OVER TO THE WETLANDS INSPECTOR. OR WE COULD SAY NO, THAT WE WANT TO HAVE A FULL WORK SESSION AND GO THROUGH THE PROJECT. SO THAT'S OUR OPTION. SURE. STAFF HAVE RECOMMENDED THAT WE ACCEPT THE WETLAND INSPECTOR'S REPORT. THE WETLAND INSPECTOR GAVE IT A POSITIVE RECOMMENDATION. THE C A C GAVE IT A POSITIVE RECOMMENDATION. SO THE QUESTION FOR US NOW IS TO ACCEPT THOSE RECOMMENDATIONS AND TURN IT OVER TO THE WETLANDS INSPECTOR, OR SAY WE, IN ADDITION TO THOSE RECOMMENDATIONS, WE WANT TO HOLD, UH, OWN PUBLIC HEARING ON THE ISSUE. THAT'S THE QUESTION FOR US. OKAY. OKAY. SO LET'S OPEN UP, WE DO HAVE, WE DO HAVE MATT BRITT, OUR ASSISTANT PLANNER, WHO CAN GIVE A LITTLE BIT MORE INFORMATION WITH RESPECT TO THE, THE APPLICANT'S PROPOSAL AND WHAT IT ENTAILS. AND WE'VE WRITTEN THAT UP. AND THEN, UM, I KNOW THAT MS. FR FREYTAG WENT OUT TO THE SITE, AND WE SHOULD CERTAINLY HEAR FROM HER ON WHAT HER FINDINGS WERE WHILE OUT AT THE SITE. SHE CAN REPORT TO THE BOARD ON THAT. ALRIGHT. IF THAT'D BE THE BOARD'S PLEASURE. OKAY. THAT, THAT'S A, AN EXCELLENT WAY TO DO IT. SO MATT, YOU, YOU MAKE YOUR INTRODUCTION, UH, MONA, YOU COULD GIVE YOUR COMMENTS AND AT THAT POINT WE DECIDE WHETHER OR NOT WE'LL [00:15:01] TURN IT OVER TO WETLAND INSPECTOR OR WE WANT A, UH, UH, A, A WORK SESSION. GOOD. SO, MATT. ALRIGHT. THANK YOU CHAIRMAN. UH, SO THE NEXT ITEM ON THE AGENDA IS CASE NUMBER PB 2102, UH, PATEL LOCATED AT 25 BAYBERRY ROAD IN ELMSFORD IN THE R 41 FAMILY RESIDENCE DISTRICT. THE APPLICANT IS SEEKING A MINOR PROJECT WETLANDS WATERCOURSE PERMIT FOR PROPOSAL CONSISTING OF THE CONSTRUCTION OF A NEW FRONT PORCH WITH A ROOF AND FIRST AND SECOND FLOOR ADDITIONS WITH SOME RELATED IMPROVEMENTS. THE APPLICANT IS PROPOSING TO DISTURB APPROXIMATELY 1,200 SQUARE FEET OF THE APPROXIMATELY 35,591 SQUARE FEET OF REGULATED BUFFER AREA ON THE PROPERTY. NO DIRECT DISTURBANCE TO THE WATER COURTS IS PROPOSED. THE NEAREST POINT OF THE PROPOSED WORK TO THE EXISTING WATER COURTS IS APPROXIMATELY 30 FEET. AND THE APPLICANT PROPOSES APPROXIMATELY ONE CUBIC YARD OF EXCAVATION AND ZERO CUBIC YARDS OF IMPORTED FILL. THE APPLICANT PROPOSES TO INSTALL TWO EC THREE 30 XL DRYWALL UNITS TO HANDLE STORMWATER RUNOFF FROM THE NEW IMPERVIOUS SURFACES. UH, NO REGULATED TREES ARE PROPOSED FOR REMOVALS FAR THIS PROJECT, THE APPLICANT HAS PROVIDED A LANDSCAPING PLAN WHICH CALLS FOR THE PLANTING OF TWO RIVER BIRCH TREES. THE APPLICANT MET WITH THE CONSERVATION ADVISORY COUNCIL ON MAY 25TH, WHICH ISSUED A POSITIVE RECOMMENDATION ON APRIL 12TH, A COPY OF WHICH WAS PROVIDED IN YOUR PACKAGES. TOWN WETLANDS INSPECTOR ISSUED HIS REPORT CONCERNING THIS PROJECT DATED APRIL 12TH, 2021. AS THE PROPOSED PROJECT INVOLVES ACTIVITIES ON AN INDIVIDUAL, UH, ON AN INDIVIDUAL RESIDENTIAL SINGLE FAMILY BUILDING LOT, WHICH CONTAINS AN EXISTING RESIDENCE AND SUCH ACTIVITIES WILL NOT TAKE PLACE WITHIN ANY PORTION OF ANY WETLANDS, WATER, BODIES, OR NATURAL DRAINAGE SYSTEMS, AND DO NOT REQUIRE THE EXCAVATION OF MORE THAN 100 CUBIC YARDS OR DISTURB MORE THAN 5,000 SQUARE FEET OF ANY ADJACENT WETLAND WATERCOURSE BUFFER AREAS. AND THIS PROJECT CONSTITUTES A TYPE TWO ACTION UNDER SEEKER. IT THEREFORE MEETS THE DEFINITION OF A MINOR PROJECT UNDER CHAPTER TWO 80. PLANNING BOARD MAY DECIDE TO WAIVE JURISDICTION AND TURN THE MATTER OVER TO THE TOWN WETLANDS INSPECTOR AT THIS TIME, OR MAY WISH TO CONDUCT A PUBLIC HEARING ON THIS MATTER. UH, MS. FRY TAG, I BELIEVE VISITED THE SITE AND WOULD LIKE TO REPORT HER. OKAY. MATT? UH, IS IT, OR AARON, IS THIS IN THE, UH, JUST A MINUTE. THE, THE AGENDA THAT YOU SENT IT OUT? I WAS JUST TRYING TO KIND OF RECONCILE. OH, THIS WAS REVISED, THE ONE THAT WAS, CAME WITH THE PACKAGE. I DON'T SEE THIS APPLICATION. I MEAN, I GOT THE PROJECT, BUT I DON'T SEE IN THE AGENDA, SO, OKAY. SO THIS WAS ADDED. I, I GOT THE WHOLE PACKAGE. I GOT THE WHOLE PACKAGE. WE SENT OUT THE ENTIRE PACKAGE, AND IT WAS ADDED TO THE AGENDA UNDER CORRESPONDENCE AS A, AS A REPORT FROM THE TOWNS WETLANDS INSPECTOR TO THE PLANNING BOARD. YEAH, I GOT THAT, BUT I DIDN'T SEE THEM ON AGENDA, SO I WAS JUST WONDERING WAS ADDED LATER ON. WHAT, WHAT DID YOU SEE? I'M SORRY, WHAT, WHAT DIDN'T YOU SEE? I, I I, I NOT ON THE OKAY. IT OKAY. MATTERS OF CORRESPONDENCE. YEAH. MATTERS OF CORRESPONDENCE FALL ON THE SCHEDULE, BUT THEY DO FALL ON THE AGENDA. OKAY. THAT'S FINE. I APOLOGIZE FOR THAT. OKAY. AND SO, MONA, OKAY. MONA, MUTE. ARE YOU ON MUTE, MONA? I WAS WAITING FOR CORT TO FINISH. I DIDN'T WANNA SPEAK, SPEAK OVER HIM. UM, OKAY. SO I DID GO OUT THERE YESTERDAY AND I VISITED THE SITE AND IT APPEARS TO ME THAT THE WATER COURSE AREA WE'LL HAVE NOTHING TO DO WITH THE BUILDING THAT THEY ARE PLANNING TO DO. AND WE CAN VIRTUALLY TURN THIS OVER TO, UM, THE WATERCOURSE INSPECTOR TO HANDLE. I DON'T THINK WE NEED TO GET INVOLVED IN THIS AND HAVE A HEARING ON THE PROJECT AT ALL. I I DON'T SEE THAT THAT'S NECESSARY FOR US TO HAVE ANY INVOLVEMENT BEYOND THIS CONVERSATION. CAN YOU HEAR ME? YES. YES. OKAY. ARE THERE ANY OTHER COMMENTS FROM OTHER BOARD MEMBERS FROM LOOKING AT THE PLANS? I WOULD AGREE WITH, UH, MONA AND WALTER, THAT, UH, WE SHOULD TURN THIS OVER TO THE TOWN WETLANDS INSPECTOR. YEAH, I AGREE. AND I'LL MAKE A MOTION TO THAT EFFECT UNLESS THERE'S ANY OTHER COMMENTS. WHAT HU I HAVE A, I JUST HAVE A COMMENT, UH, ON, ON THE PLAQUE. CAN YOU JUST, UH, IS, AND THAT'S PROBABLY FOR, FOR THE STAFF, IS THAT, UH, THE ADDITIONS THAT THEY WERE DOING AND ALL THIS, UH, EXTRA WORK IS, IS, UH, UH, REVIEWED BY THE BUILDING INSPECTOR BECAUSE I DON'T SEE ANY, ANY OTHER DRAWINGS OR ANY OTHER, UH, UH, UH, KIND OF HOW DOES THAT LOOK LIKE? OR HOW DOES IT MAKE, [00:20:01] SO IS IT, UH, OKAY, IT'S BEEN REVIEWED BY THE BUILDING INSPECTOR THAT IT'S A, IT'S APPROPRIATE. THERE IS NO, THE BUILDING INSPECTORS REVIEWED THE PROPOSAL IN TERMS OF ITS COMPLIANCE WITH ZONING REGULATIONS AND THE PROPOSAL DOES MEET ALL ZONING REGULATIONS. THERE ARE NO VARIANCES REQUIRED IN CONNECTION WITH THIS PROJECT. IF THE PROJECT MOVES FORWARD WITH THE PLANNING BOARD AND THE TOWN WETLANDS INSPECTOR, THE APPLICANT WILL BE REQUIRED TO FILE A FULL BUILDING PERMIT APPLICATION. PRIOR TO DOING SO, IT'LL HAVE TO OBTAIN A STORMWATER MANAGEMENT CONTROL PERMIT THROUGH THE BUREAU OF ENGINEERING. UH, THERE WILL BE CONDITIONS ASSOCIATED WITH ANY TOWN WETLANDS INSPECTOR DECISION IF THE PLANNING BOARD TURNS IT OVER. AND THOSE HAVE BEEN OUTLINED IN THE REPORT TO THE BOARD. UM, BUT WE'RE, IF THE BOARD FEELS LIKE ANY ADDITIONAL RECOMMENDATIONS OR CONDITIONS SHOULD BE IN THE DECISION, WE'RE HAPPY TO ADD THOSE AS WELL. OH, YEAH. I HOPE THAT ANSWERS YOUR QUESTION. YEAH. I, I, NO, THAT, THAT, THAT'S FINE. BUT I WOULD LIKE TO KIND OF SEE THE, HOW THAT, UH, WHICH USUALLY WITH MANY APPLICATIONS, WE LIKE TO SEE WHAT THE, UH, WHAT WHAT OTHER THINGS ARE ADDED ONTO IT. SO IT'S FINE. IT'S FINE WITH ME. GOOD. OKAY. UH, UH, ARE THERE ANY OTHER QUESTIONS? IF NOT, I'LL ENTERTAIN A MOTION TO TURN THIS PROJECT OVER TO THE WETLANDS. UH, SO MOVED. SECOND. SECOND. ALL IN FAVOR? AYE. AYE. OPPOSED? NONE. OKAY. WE'LL TURN IT OVER TO WETLANDS INSPECTOR. OKAY. THE THANK YOU. AND THE NEXT THING ON THE AGENDA IS, UM, WELL, WE HAVE ANOTHER THING IN CORRESPONDENCE. WE HAVE A REQUEST FOR AN, UH, OH YEAH, YEAH. YEP. YEP. UH, THAT IS CASE P P 1625, UH, FIVE TETRA VALVE'S, UH, SUBDIVISION, UH, TO MY KNOWLEDGE IS THIS IS THEIR FIRST REQUEST FOR A, UH, UH, UH, FOR AN EXTENSION. ANY COMMENTS FROM BOARD MEMBERS IN, IN TERMS OF WHETHER OR NOT THEY FEEL THIS SHOULD BE GRANTED OR, UH, WHETHER OR NOT WE NEED ADDITIONAL INFORMATION ON IT? IT'S A 90 DAY EXTENSION OF THE APPLICANT'S PRELIMINARY SUBDIVISION APPROVAL, WHICH WAS GRANTED BY THE PLANNING BOARD. AND, AND I THINK, AND I THINK FOR THE FIRST, FOR THE FIRST REQUEST AND THE INFORMATION IN THE LETTER INDICATING WHY, UH, THEY NEED THE REQUEST, I THINK IT'S, IT'S, UH, UH, PERFECTLY REASONABLE FOR US TO EXTEND THE 90 DAYS. AND I MAKE A MOTION THAT WE EXTEND, UM, UH, THE APPROVAL FOR ADDITIONAL 90 DAYS. WALTER MON HAS SOMETHING TO SAY. A QUESTION. I HAVE A QUESTION. YES. 90 DAYS JUST SEEMS LIKE IT FLIES BY. AND I WANNA KNOW WHY WE DON'T DO THESE EXTENSIONS FOR 180 CODE. IT SEEMS LIKE THEY'RE COMING BACK. CODE CODE. IT'S CODE LOAD. THE CODE LIMITED 90 DAYS. YES. FOR AND, AND, AND MONA JUST, I'M SORRY, TO GIVE YOU SOME HISTORY. SOME HISTORY, YEAH. THE CODE TECHNICALLY, UH, OUR CODE TECHNICALLY PROVIDES ONLY FOR TWO OF THOSE. HOWEVER, WE HAVE READ, UH, BEYOND OUR, THE LANGUAGE OF OUR CODE, CODE AND CODE, UH, CORRESPOND WITH NEW YORK STATE, UH, UM, UH, LAW, WHICH DOES NOT LIMIT IT TO TWO, TO JUST TWO 90 DAYS, UH, THAT IT'S SORT OF ARCHAIC TO EXPECT. AND WHY DON'T WE FIX IT? WHY DON'T WE RECOMMEND TOWN BOARD TO FIX IT? AARON, YOU'RE MORE THAN WELCOME TO. AARON, COULD YOU DRAFT A LETTER THAT WE CAN HAVE AT THE NEXT MEETING TO EXTEND IT TO 180 DAYS, PLEASE? I THINK WE TALKED ABOUT IT MANY, MANY MORE TIMES IN THE LAST 10 YEARS. YEAH, I WILL WORK. I AGREE. WHAT WE, BECAUSE WHAT WE ARE DOING AND, AND WITH GOOD REASONING, WE ARE AND, AND WITH GOOD REASON AND WHAT WE CAN LEGALLY DO, WE ARE BASICALLY IGNORING THIS BECAUSE WE SEE IT'S IMPRACTICAL AND WE CAN EXTEND IT. SO TRADITIONALLY, YOU KNOW, THE FIRST TIME SOMEONE COMING FOR A REQUEST IS ALMOST AN AUTOMATIC, I WOULDN'T SAY WE'RE IGNORING IT. WE'RE WE'RE DOING WHAT WE CAN TO WORK WITHIN, WITHIN NO, NO, WE NOT, NO, WE ARE, I WOULDN'T FOLLOWING OR IGNORING WOULDN'T STATE CODE. WE ARE FOLLOWING THE STATE CODE. OKAY. BUT WE SHOULD, THIS IS KIND OF LIKE, WHAT, WHAT HAPPENED WITH SHARED PARKING, GUYS? OH, I AGREE. I AGREE. SO [00:25:01] AARON, JUST, JUST DRAFT UP A LETTER FOR US FOR OUR NEXT MEETING SO THAT WE CAN RECOMMEND TO THE TOWN BOARD. CAN I CAN A SCAM ? I CAN, CAN YOU WHAT? CAN I CAN GET A SCAB. I'M SORRY. . NO, NO, NO, NO. IT'S A GOOD, GOOD POINT MONA. AND WHY NOT FIX IT? THAT'S ALL. I AGREE WITH YOU. THERE MAY BE A REASON WE'LL HAVE TO CHECK WITH STATE LAW. STATE LAW MAY HAVE IT STILL AT 90, YOU KNOW, AT AT 90 DAYS, BUT IT DOESN'T HAVE A LIMIT OF TWO. LIKE OUR WHY WOULD STATE LAW, WHY WOULD STATE LAW APPLY HERE ANYWAY? THIS IS A STATE SUBDIVISION LAW. YOU HAVE TO, WELL, WELL WITH THE STATE SUBDIVISION. OKAY. WE MADE THE POINT. DAVE WILL LOOK INTO THE LEGALITY OF IT AND IF WE CAN LEGALLY, UH, FORMALLY, UH, EXTEND THAT TO 180 DAYS, THEN AARON WILL WRITE IT UP AND HAVE IT TO US AT THE NEXT MEETING AND WE'LL VOTE ON IT. OKAY. GOOD. OKAY, LET'S MOVE ON. OKAY. NOW YOU NEED TO VOTE. ACTUALLY, BEFORE WE DO THAT, WE SHOULD PROBABLY GRANT THIS EXTENSION. IN THE MEANTIME WE NEED TO VOTE. OKAY. SO I'LL MOVE THAT WE GRANT THE EXTENSION IN 90 DAYS. SECOND, SECOND. SECOND. ALL IN FAVOR? AYE. AYE. OKAY. OKAY. SO THE NEXT THING ON OUR AGENDA IS, UH, PB 1903. AND THAT IS A, UH, DECISION. THE NEXT ITEM ON THE AGENDA IS CASE NUMBER PB 1903, UH, B M R ARLEY PARK, LOCATED AT FOUR TEN FOUR SIXTY RIVER ROAD IN ARLEY IN THE GI GENERAL INDUSTRIAL ZONING DISTRICT PLANNING BOARD WILL BE CONSIDERING A DECISION ON THE APPLICANT'S FINAL SUBDIVISION APPLICATION PLANNING BOARD, STEEP SALT PERMIT, AND TO REMOVAL APPLICATIONS INVOLVING THE SUBDIVISION OF AN EXISTING CAMPUS. FORMERLY, UH, CBA GAI AND CURRENTLY ACCORD THERAPEUTICS INCORPORATED CONSISTING OF TWO BUILDING LOTS, A TOTAL OF THREE BUILDING LOTS TOGETHER WITH VARIOUS SITE IMPROVEMENTS, INCLUDING THE PROPOSED ENHANCEMENT OF SURFACE PARKING AREAS ON PROPOSED LOT ONE, PROPOSED RELOCATION OF SURFACE PARKING FROM PROPOSED LOT TWO TO PROPOSED LOT ONE AND THE ADDITION OF LANDSCAPING SIDEWALKS, RETAIN WALLS AND PERVIOUS PAVEMENT. THE APPLICANT IS PROPOSING THE REMOVAL OF 30 REGULATED TREES AND HAS PROPOSED A PLANTING OF 10 SUGAR MAPLE TREES, 10 RIVER BURST TREES, SIX BLACK TWO PLO TREES, AND FOUR RED OAK TREES AS REPLACEMENT. ON NOVEMBER 13TH, 2019. THE TOWN BOARD GRANTED AMENDED SITE PLAN APPROVAL IN CONNECTION WITH THE PROJECT TB 1905. ON SEPTEMBER 19TH, 2019, THE ZONING BOARD OF APPEALS GRANTED ONE AREA VARIANCE REQUIRED IN CONNECTION WITH THE PROJECT TO REDUCE THE MINIMUM LOT WIDTH OF LOT THREE FROM 200 FEET REQUIRED TO 40 FEET APPROVED. THE PLANNING BOARD GRANTED PRELIMINARY SUBDIVISION APPROVAL ON NOVEMBER 6TH, 2019. A DRAFT DECISION HAS BEEN PREPARED FOR THE BOARD'S CONSIDERATION THIS EVENING. IT IS IDENTICAL TO THE DECISION THAT WAS APPROVED AS PART OF THE PRELIMINARY SUBDIVISION APPROVAL, WITH THE EXCEPTION OF THE ADDITION OF THE STEEP SLOPE AND THREE ASPECTS. ANY CHANGES IN THE PLAN SINCE WE APPROVED THE PRELIMINARY, UH, SUBDIVISION? NO. NO. OKAY. SO IT'S IDENTICAL TO WHAT WE APPROVED AND THE PRELIMINARY, IS THAT CORRECT? OKAY. CORRECT. THAT'S CORRECT. OKAY. AND YOU DO HAVE MULTIPLE VOTES ON THIS AS LAID OUT IN THE DRAFT DECISION. I'M HAPPY TO WALK YOU THROUGH THOSE IF YOU NEED ME TO. CAN'T MATT DO THAT TO SAVE YOUR VOICE? YEAH. YEAH. . HE HE PROBABLY COULD. YEAH. LET MATT DO IT. TRY IT. MATT. HI. UH, SO THE FIRST VOTE WILL BE FOR THE FINAL SUBDIVISION APPROVAL. I'LL MOVE BEFORE THAT. GO AHEAD. I'M SORRY. BEFORE THAT WE, WE DID ADD IN ONE OTHER, UM, THAT THE BOARD WANTS TO CONSIDER WAIVING THE PUBLIC HEARING ON THE FINAL SUBDIVISION, RIGHT? YEAH. I'LL MOVE, I'LL MOVE THAT. WE WAIVE THE, THE PUBLIC HEARING ON THE FINAL SUBDIVISION. UH, ALL IN FAVOR? WE NEED A SECOND. SORRY. SECOND. SECOND. WE HAVE A SECOND FROM TOM. TOM HAY? YEP. ALL IN FAVOR? AYE. AYE. OPPOSED? SUSTAINED. OKAY, FINE. SO CAN I MAKE THE MOTION NOW, AARON, AND YOU GONNA KEEP, YOU KEEP SAVING YOUR VOICE, PLEASE. I'D LIKE TO MOVE THAT WE APPROVE THE FINAL SUBDIVISION VISION ON, ON THIS PROJECT. SECOND. SECOND. OKAY. TOM? SECOND. ALL IN FAVOR? AYE. AYE. AYE. OPPOSED? ABSTAIN. UH, THE SECOND IS, UM, THIRD. MATT. MATT, WHAT'S THE NEXT ONE? SO THE THIRD WILL BE THE STEEP SLOPE PERMIT. DO WE HAVE, UH, MOTION MOVED. [00:30:01] SECOND, MONA AND THEN HUGH. ALL IN FAVOR? AYE. OPPOSED? SUSTAIN. OKAY. MATT, YOU'RE ON A ROLL. COME ON. FINISH IT OUT NOW. COME ON. AND THE FINAL VOTE WILL BE FOR THE TRUE REMOVAL PERMIT. SO, MOVED. MOVED. . OKAY. OKAY, THEN MONA, WHO SECOND. MONA SECOND. ALL IN FAVOR? AYE. AYE. OKAY. OKAY. BEFORE, OKAY, THIS IS APPROVED, BUT, UH, UH, UH, UH, ITEM HAS, WHICH HAS NOTHING TO DO WITH THE ACTUAL APPLICATION THAT WE JUST APPROVED. I WANT TO REMIND, UH, THE BOARD THAT IN THE COMPREHENSIVE PLAN WE PROPOSE A BIOTECH NORTH, WHICH IS THE REGENERON. AND A FORMAL DESIGNATION OF THE SITE HERE. THE FORMER SIBA SITE WOULD BE OUR BIOTECH SOUTH. UH, UH, THE PLANNING, UM, THE TOWN BOARD NEVER OFFICIALLY DESIGNATED, UM, UH, THE FORMER THIS SITE AS BIOTECH SOUTH. MY QUESTION IS, UH, TO THE APPLICANT, DO YOU THINK THAT DOES, WHAT IS THE EFFECT ON THE VIABILITY OF THIS SITE IF IT WAS DESIGNATED BY THE TOWN BOARD AS BIOTECH SOUTH AS WAS RECOMMENDED IN A COMPREHENSIVE PLAN? YOU KNOW, GOING FORWARD, THIS HAS NOTHING TO DO WITH YOUR APPLICATION THAT'S ALREADY APPROVED. NOW WE WANT TO TALK ABOUT THAT, THE FUTURE. SURE. SO, GOOD EVENING, EVERYONE, THIS GRAY. YOU'RE UP, . GOOD EVENING EVERYONE. THIS IS JENNIFER GRAY FROM KEENAN BEAN REPRESENTING, UH, B M R, UH, REALTY, UH, LEY PARK, L L C TONIGHT. UM, SO WE, UH, BY THE WAY, THANK YOU VERY MUCH FOR, FOR YOUR TIME TONIGHT AND, AND GRANTING THE APPROVALS. WE VERY MUCH APPRECIATE THAT. WE KNOW THAT IT'S BEEN A COUPLE YEARS NOW. COVID THREW US A LITTLE BIT OF A , A MONKEY WRENCH IN OUR TIMING. UM, BUT WE'RE GLAD TO FINALLY CLOSE OUT THIS PROCESS. SO, LOOKING INTO THE FUTURE, I THINK IF, IF THIS, UM, PROPERTY WAS OFFICIALLY DESIGNATED, UM, AND I'M, I'M, AS I UNDERSTAND YOUR QUESTION, YOU'RE TALKING ABOUT, UH, WITHIN THE CONTEXT OF THE COMPREHENSIVE PLAN, NOT NECESSARILY A ZONING, A LEGISLATIVE ACTION, UM, BUT AS A, A, A COMPREHENSIVE PLAN MEASURE, IF THIS PROPERTY WERE OFFICIALLY DESIGNATED AS BIOTECH SOUTH, THEN GOING FORWARD, ANY, ANY, UM, ANY PROPOSAL HERE WOULD HAVE TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN AND THE ZONING CODE BEING THE IMPLEMENTATION OF THAT COMPREHENSIVE PLAN. AND ANY, UM, ANY REQUEST IN THE FUTURE TO CHANGE THE PERMITTED USES ON THIS SITE WOULD HAVE TO BE CONSISTENT WITH THAT COMPREHENSIVE PLAN DESIGNATION UNLESS IT'S CHANGED AGAIN IN, IN THE FUTURE. SO IT WOULD, UM, YOU KNOW, I, I THINK, I THINK THERE'S A GOOD MARKET FOR THE BIOTECH INDUSTRY RIGHT NOW. UM, CLEARLY, AND, YOU KNOW, THE, THE, THE PURPOSE OF THIS APPLICATION WAS TO TRY TO MARKET THE PROPERTY A A LITTLE BIT MORE EFFECTIVELY. UM, UM, I FRANKLY, I DON'T KNOW WHERE THE, THE OWNER IS WITH RESPECT TO THEIR EFFORTS IN TRYING TO REPURPOSE SOME OF THE ADDITIONAL LANDS. UM, BUT WE, WE DO UNDERSTAND THERE'S A BIOTECH COMPANY THAT'S, THAT'S OPERATING ON THE SITE NOW. UM, AND THAT MAY BE A LIKELY, UH, YOU KNOW, USE IN THE FUTURE FOR THE REMAINING LANDS. OKAY. WALTER, CORRECT ME, I THINK ONE OF THE THINGS THAT WOULD BE HELPFUL MAYBE TO MS. GRAY AND, AND, UH, DIEGO AL IS EXPLAINING WHAT THE ADVANTAGES ARE. IT DOESN'T PRECLUDE YOU FROM NOT PUTTING AN R D FACILITY THERE, UH, TO HIGH TECH FACILITY. WHAT IT DOES IS PROVIDE A BONUS IN TERMS OF DENSITY, AS I RECALL, IF THEY DO THAT, THAT IT'S, THERE'S ONLY AN UPSIDE AND NOT A DOWNSIDE ON THAT. IS THAT RIGHT? YEAH, IT, IT, IT, IT, IT, YES, IT, AND IT GIVE YOU A DENSITY BONUS. PLUS IT IS NOT LIMITED 100% TO A LABORATORY DOING WORK AS, UH, ANY FACILITIES ASSOCIATED WITH THE SUPPORT OF THAT WOULD BE INCLUDED. SO FOR INSTANCE, WE HAVE, UH, UH, UM, A LARGE MANUFACTURER, [00:35:01] UH, A DISTRIBUTOR OF, UH, COMPRESSED GAS GASES, AND A LOT OF THE GASES ARE, ARE USED IN THAT FACILITY THAT WOULD BE AN ASSOCIATED, UH, UH, UM, UH, UH, ACTIVITY. AND THAT WOULD BE PERMITTED ON YOUR PROPERTY. SO IS BIOTECH AND SUPPORTIVE ACTIVITIES DID, BUT IT DOESN'T HAVE TO BE JUST TECHNICALLY SUPPORTED AS LONG AS IT'S EVEN SUPPORTING THE EMPLOYEES, AS I RECALL. SO IF THERE WERE A HEALTH CLUB THAT WAS GOING TO BE USED BY THOSE EMPLOYEES, THAT WOULD COUNT IT, THAT WOULD BE OKAY AS WELL. SO YOU GET ADDITIONAL FLEXIBILITY PLUS THE BONUS. RIGHT. AND IF YOU DON'T DO IT, YOU DON'T GET THE BONUS. THAT'S ALL. YEAH. IT'S A 15% DENSITY BONUS. SO THERE'S ONLY UPSIDE, UPSIDE SOMETHING YOU SHOULD DISCUSS WITH YOUR CLIENT IF THEY'RE INTERESTED. YEAH. AND JUST, JUST, YEAH, WE'D LIKE TO JUST GET YOUR, BEFORE WE GO FULL SKIING, FULL STEAM AHEAD AND PRESSING THE ISSUE WITH THE TOWN BOARD TO DESIGNATE, WE'D LIKE TO GET YOUR FEEDBACK. SO IT'D BE GOOD IF YOU TAKE A LOOK AT THE COMPREHENSIVE PLAN, LOOK AT YOUR FUTURE PLAN, AND JUST COMMUNICATE BACK TO US WHAT, WHAT YOUR, UH, FEELINGS ARE. OKAY. ABSOLUTELY. THAT WOULD BE VERY HELPFUL. THAT, THAT WOULD BE GREAT. AND WE VERY MUCH APPRECIATE, YOU KNOW, YOU REACHING OUT TO US, UM, TO PROVIDE OUR INPUT AND, AND, AND OPINIONS ON THAT. UM, I WILL BRING THAT BACK TO THE OWNER. UH, WE'LL DISCUSS IT AND, AND WE'LL GET BACK TO YOU, UH, WITH OUR THOUGHTS ON THAT PROPOSAL. IT MAY GIVE YOU A LITTLE BIT MORE FLEXIBILITY ON HOW YOU BUILD THOSE LOTS. THAT'S WHAT WE'RE THINKING. SO FLEXIBILITY IS ALWAYS A GOOD THING, . RIGHT? AND AS WALTER AND I BOTH BEING FORMER EMPLOYEES OF SIBA GGI, WE WOULDN'T MIND THAT STILL BEING, BEING A FACILITY FOR HIGH TECH . YEAH. FOR MANY YEARS MY OFFICE IS RIGHT, WAS RIGHT IN THAT MIDDLE BUILDING, THAT FIRST BUILDING. YEAH. MY OFFICE, I WAS A STEPCHILD. THEY, THEY HAD ME IN NEW JERSEY AND ONLY CALLED ME OVER WHEN I WAS BAD, BUT, BUT I WAS A, BUT I WAS STILL PART GIE. OKAY. AND I STARTED MY CAREER IN THE BUILDING AND BACK IN THE LABORATORY, SO, OH, WOW. I'M VERY FAMILIAR WITH THAT BUILDING. VERY FAMILIAR WITH THE NEED FOR TECHNOLOGY. IN FACT, USING THIS SAME MODEL, THAT'S WHAT IT, UH, ATTRACTED REGENERON TO THAT FACILITY BECAUSE THEY SAW THE BONUS THEN, YOU KNOW, SO WE THINK IT'S A GOOD, UH, UH, MODEL. AND SO WE REALLY WOULD LIKE TO GET YOUR INPUT ON IT BEFORE, YOU KNOW, UH, AS WE MOVE FORWARD. AND WE WOULDN'T MIND. AND WE REALLY WOULDN'T MIND YOU FINDING A TENANT THAT BECOMES THE NEXT REGENERON. THAT WOULDN'T BE THE WORST THING FOR, FOR THE TOWN OF GREENBURG. THAT WOULD BE LOVELY. . WE'RE KIND OF PROUD OF HAVING THEM IN OUR TOWN. SO , ABSOLUTELY. AS YOU SHOULD BE. OKAY. THANK YOU SO MUCH. THANK YOU VERY MUCH. HAVE A GREAT NIGHT. YOU TOO. OKAY, THE, THE NEXT THING ON OUR AGENDA IS PB 1903. IT IS A DIS UH, SO THE NEXT, NO, NO, NO, THAT'S THE SAME. WE JUST FINISHED THAT. THE NEXT ITEM. I'M ON OUR AGENDA. 2025. GO AHEAD, MATT. NEXT ITEM ON OUR AGENDA IS CASE NUMBER PB 20 DASH 25 CORREA, LOCATED AT FIVE TERRA MOORE WAY IN WHITE PLAINS IN THE R TEN ONE FAMILY RESIDENCE ZONING DISTRICT. THE PLANNING BOARD WILL BE CONSIDERING A DECISION ON THE APPLICANT'S PLANNING BOARD STEEP SLOPE PERMIT AND TREE REMOVAL PERMIT APPLICATIONS INVOLVING THE PROPOSED CONSTRUCTION OF A NEW SINGLE FAMILY HOME WITH RELATED IMPROVEMENTS ON A LOT THAT CONTAINS REGULATED STEEP SLOPE. THE PROJECT INCLUDES REMOVAL OF 13 REGULATED TREES REQUIRING A TREE REMOVAL PERMIT FROM THE PLANNING BOARD. THE APPLICANT HAS PREPARED A LANDSCAPING PLAN CALLING FOR THE PLANTING OF 13 TREES AS REPLACEMENT, WHICH MEET TOWN CODE REQUIREMENTS PLANNING BOARD CONDUCTED A PUBLIC HEARING ON THIS MATTER DURING ITS APRIL 7TH MEETING. NO ADDITIONAL COMMENTS HAVE BEEN RECEIVED SINCE THE PUBLIC HEARING WAS HELD. A DRAFT DECISION HAS BEEN PREPARED FOR THE BOARD'S CONSIDERATION THIS EVENING. OKAY. UM, WE HAVE IN, UH, UH, THE DRAFT DECISION, UH, FOR, UH, THE STEEP SLOPE PERMIT AND TREE REMOVAL IN, IN, IN FRONT OF YOU. I DRAW YOUR ATTENTION TO PAGE FOUR WHERE, UH, THE APPLICANT INDICATED THAT THEY WERE PUTTING IN A DECORATIVE WALL IN BACK OF THE PROPERTY THAT WOULD BE, THAT WOULD FACE THE NEIGHBOR. THEY INDICATED, YOU KNOW, THE TYPE OF STONE THAT THEY WOULD USE AS OPPOSED TO A CONCRETE WALL. UH, AND THEN THE ISSUE OF THE SAME, WHETHER OR NOT THERE SHOULD BE A FENCE ON TOP OF THAT, UH, WALL. [00:40:01] AND, UH, UM, ON PAGE FOUR, NUMBER FOUR, THERE IS, UH, A CONDITION THAT A, UH, A DECORATIVE STYLE, UH, FENCE WILL BE INSTALLED AS OPPOSED TO A, UH, A, JUST A REGULAR, UH, WIRE FENCE. SO ARE THERE ANY COMMENTS ON THIS DRAFT DECISION? NO. OKAY. IF NOT, I'LL ENTERTAIN A A, UH, WE HAVE TO MAKE, UM, TWO VOTES. ONE OF THE STEEP THREE, THREE TOTAL VOTES CHAIRPERSON, SIMON, UH, ONLY BECAUSE WE HADN'T DONE SEEKER BEFORE THE DECISION. MM-HMM. . SO THE FIRST, PRIOR TO CONSIDERING THE STEEP SLOPE PERMIT AND THE TREE REMOVAL PERMIT, WHICH WILL BE TWO SEPARATE VOTES, THE BOARD WILL WANNA CONSIDER, UH, UH, CLASSIFYING THIS AS A TYPE TWO ACTION UNDER SEKER. I'LL MOVE, I'LL MOVE UNDER SEKER THAT THIS IS A TYPE TWO ACTION. DO WE HAVE A SECOND? SECOND. SECOND BY TOM. ALL IN FAVOR? AYE. AYE. AYE. OPPOSED? NONE. THAIN. SO THE NEXT VOTE WE HAVE TO TAKE IS A STEEP SLOPE APPROVAL. SO MOVED. SECOND. WHO SECOND? CORRECT. ALL IN FAVOR? AYE. AYE. OPPOSED? NONE. SAME. NONE. AND THE LAST, UH, VOTE WE HAVE TO TAKE IS A TREE REMOVAL PERMIT. SO MOVED. SECOND. MOVE, SECONDED. SECOND. ALL IN FAVOR? AYE. AYE. OPPOSED? NONE. UH, ABSTENTION? NONE. SO THIS, UH, P P 2025 IS UH, APPROVED. THANK YOU. THE NEXT ISSUE IS, UH, UH, P P 2016, CAPTAIN LAWRENCE. MATT, WOULD YOU INTRODUCE, UH, SO THE NEXT ITEM ON THE AGENDA IS CASE NUMBER PB 20 DASH 16. CAPTAIN LAWRENCE LOCATED AT FOUR FOUR FOURS RIVER ROAD IN ELMSFORD. IN THE PD NON-RESIDENTIAL PLAN DEVELOPMENT ZONING DISTRICT, THE APPLICANT SEEKS STEEP SLOPE AND TREE REMOVAL PERMIT APPROVALS FROM THE PINING BOARD. THE APPLICANT IS PROPOSING THE CONSTRUCTION OF A 36 SPACE PARKING AREA WITH A NEW CURB, UH, ON CLEARBROOK ROAD TO ACCESS THE PROPOSED PARKING AREA AND THE STAIRWELL LEADING FROM THE PROPOSED PARKING AREA TO AN EXISTING PARKING AREA. THE APPLICANT PROPOSES THE REMOVAL OF 53 REGULATED TREES REQUIRING A TREE REMOVAL PERMIT REQUIR, AND HAS PREPARED A LANDSCAPING PLAN CALLING FOR THE PLANTING OF 23 TREES, 22 SHRUBS, AND GROUND COVERAGE AS REPLACEMENT. THE PLANNING BOARD LAST DISCUSSED THIS MATTER DURING ITS APRIL 7TH, 2021 WORK SESSION WHERE THE BOARD RAISED CERTAIN QUESTIONS AND REQUESTS ADDITIONAL INFORMATION FROM THE APPLICANT. THE APPLICANT'S REPRESENTATIVE IS PRESENT THIS EVENING TO DETAIL THE REVISIONS TO THE PROJECT AND ANSWER ANY QUESTIONS THE BOARD MAY HAVE. UM, I WOULD JUST LIKE TO START OFF AND SAY, UH, I, I, UH, APPRECIATE THE, THE EFFORTS OF THE APPLICANT IN ADDRESSING MOST OF THE CONCERNS THAT THE PLANNING BOARD HAD. UH, I KNOW ONE PLANNING BOARD MEMBER TALKED ABOUT PLANTING TREES ON THE SLOPE. HE CAME BACK, YOU KNOW, WITH NICE, UH, LANDSCAPING DESIGN TO DO THAT. UH, OTHERS USED, UH, ADDITIONAL, UH, HANDICAPPED PARKING SPACES. BUT I THINK THERE IS ONE MAJOR ISSUE, OR AT LEAST FOR ME, UH, AND THEN THE REST OF THE BOARD MEMBERS COULD CHIME IN, IS THE LOCATION OF ONE OF THE HANDY, WELL, TWO OF THE HANDICAPPED PARKING SPACES. AND THAT'S SOMETHING, UH, UH, WE NEED TO REVIEW IN DETAIL. BUT, UM, BUT BEFORE WE DO THAT, I WOULD HAVE THE APPLICANT SPEAK TO, UH, ALL, UH, ALL OF THE CHANGES THAT THEY HAD MADE. HI, MY NAME IS PETER CATONE WITH CATONE ENGINEERING. WE ARE THE SITE CIVIL CONSULTANT FOR THE, UH, OWNER, UH, DP 35, AS WELL AS FOR CAPTAIN LAWRENCE. UH, MR. VACCARO FROM CAPTAIN LAWRENCE IS WITH US, UH, TONIGHT TO ANSWER ANY QUESTIONS, UH, THAT MAY COME UP. AND, UM, I WOULD JUST LIKE TO, IF IT'S ALL RIGHT, SHARE MY SCREEN AND WE COULD GO THROUGH THE COMMENTS AND, UH, UM, UH, THE RESPONSES. UM, OKAY. COULD, AS YOU GO THROUGH, COULD YOU LEAVE, UH, UH, THE HANDICAPS SPACE TO THE [00:45:01] LAST ITEM SO WE COULD, YOU KNOW, GO THROUGH THOSE AB ABSOLUTELY. OKAY. THEN WE COULD DISCUSS THAT. NOT UNLESS ANOTHER BOARD MEMBER HAVE A SERIOUS CONCERN WITH ONE OF THOSE, BUT I WOULD LIKE TO PROCEED THAT WAY. OKAY. SOUNDS GOOD. UH, LET ME SHARE. AND THEN, UM, UH, JUST TO GO THROUGH THE, THE COMMENTS, UH, UH, THE LIGHTING. SO, UM, THERE WAS A COMMENT TO ADD, UH, THE, THIS BOARD THOUGHT THAT ADDITIONAL LIGHTING AT THE STAIRWELL, UH, MIGHT BE BENEFICIAL. AND WE, UM, WE AGREE THERE WAS, UH, PREVIOUSLY ONE BOLLARD LIGHT IN THIS LOCATION. WE'VE ADDED ONE AT EACH OF THE FLAT LANDING. SO IT'S A, IT'S A LANDING WITH JUST A LITTLE BIT OF SLOPE ON IT. MAYBE ONE AND A HALF PERCENT A SET OF STAIRS, ANOTHER FLAT LANDING, UM, ANOTHER SET OF STAIRS AND THEN, UM, A FLAT LANDING TO THE PARKING LOT AREA. UH, THE NEXT ITEM, UH, GROUND COVER. UM, HEY THERE. EXCUSE ME. CAN I ASK ONE QUESTION? SURE. ABSOLUTELY. IS THAT, I'M SORRY. 'CAUSE I WASN'T EVEN AT THE LAST MEETING, SO I APOLOGIZE. SURE. IS THAT BALLARD LIGHTING GOING TO LIGHT THE ACTUAL STEPS GOING DOWN? 'CAUSE I'M MORE CONCERNED ABOUT THE LIGHTING ON THE STEPS GOING DOWN THAN I AM ON THE FLAT. ON THE FLAT PART. YOU, YOU KNOW, I MEAN, WE, WE, WE LOOKED AT IT MANY WAYS. I MEAN, IT'S, UM, I THINK THE BALLARD LIGHTING THROWS MORE LIGHTING. THE, THE REASON WE HAVE 'EM, UM, YOU KNOW, CLOSE TO THE STAIR. UH, I MEAN, WE COULD HAVE CENTERED THEM A LITTLE BIT MORE, BUT WE WANNA THROW THE LIGHT ON THE ACTUAL, UH, STAIR TREAD. UM, YOU KNOW, WE CONSIDERED USING SOME LIGHTING ON THE FRONT OF THE STEP AND NOT DOING THE BOLLARDS, BUT I JUST, I THINK IT'S A, YOU KNOW, IT MIGHT LOOK, YOU KNOW, COOLER WITH THE TREAD LIGHT OR THE, THE, UM, RISER LIGHT. BUT I DO THINK THE BOLLARDS ARE A MORE EFFECTIVE WAY TO LIGHT, LIGHT THE, UH, THE STAIRS. BUT WE THEY DO LIKE THE STAND TREADS. THAT'S THE ONLY QUESTION I HAVE. THEY, OKAY. THEY LIKE THE STAIR TREADS, YES OR NO? WE'RE GONNA LIKE THE TRACKS WITH THE BALLARD LIGHTING. OKAY. YEAH. HOW, HOW TALL IS THE, UH, SO I HAVE A QUESTION. HOW TALL IS THAT? UH, BALLARD LIGHTS, THEY'RE, UM, EIGHTEENS, NO, THEY'RE TALLER. THEY'RE ABOUT, I THINK WE HAVE A DETAIL OF IT ABOUT, I CAN'T GET YOU THE EXACT MEASUREMENT, BUT THEY'RE, UM, UH, I THINK ABOUT 40 INCHES HIGH. YEAH. I THINK THE BOLLARD ITSELF IS, IS A LITTLE BIT SHY OF FOUR FEET, BUT THE ACTUAL LIGHTING IS THIS SCREENED AREA HERE. UM, WE'LL DO, UH, WE'LL USE THE 42 INCH, UM, BALLARD HEIGHT. I THINK, YOU KNOW, THEY'RE NOT EXCESSIVELY HIGH LIKE A POST MOUNT, BUT I THINK A LITTLE TALLER IS BETTER. UM, SO WE CAN CERTAINLY, UM, YOU KNOW, PICK THE TALLER, UH, OF THE TWO. SO YEAH. UM, THAT'S FINE. BUT I THINK I AGREE WITH, UH, HUGH THAT, UH, UH, WHAT'S REALLY THE MORE CRITICAL IS THE TRANSITION. SO FROM THE FLAT LANDING TO THE BEGINNING OF THE STEPS, BECAUSE THAT'S WHERE, UH, TRANSITION OCCURS AND THAT'S WHERE THE SAFETY ISSUE OF THE LIGHT IS. SO I WOULD RECOMMEND THAT YOU PUT IT AT THE BEGINNING OF THE STEPS RATHER THAN, UH, LIGHTING OF THE FLAT AREA. SO IT LOOKS LIKE IT IS PRETTY CLOSE TO THE YEAH. SO YEAH, JUST MAKE SURE THAT IT IS, IT IS AT THE BEGINNING OF THE BEGINNING OF THE STEPS. YEAH. SO IF YOU JUST DRAW A LINE PARALLEL, UH, PERPENDICULAR, I MEAN, WE TRY TO, UM, YOU KNOW, WE'RE, I, I, I THINK, YOU KNOW, IF, IF WE COULD TWEAK THESE, BUT I THINK WE SHARE THE SAME, YOU KNOW, WE'RE, WE'RE, WE'RE FOCUSING THE LIGHT CLOSER TO THE STAIRWAY THAN WE ARE THE FLAT AREAS. SO WE COULD YEAH. BECAUSE IT'S, IT'S, YEAH. SO MAKE SURE THAT IT'S SORT OF SHOWED SOMEPLACE THAT IT IS CLOSER TO MAYBE WITHIN ONE FOOT OF A FIRST STEP. I HAVE A PRO, I HAVE A QUESTION THOUGH. OKAY. HERE'S A PRO PROBLEM THAT I SEE, AND I THINK YOUR LIGHTING, BY THE WAY, I THINK YOUR, ANY GOOD LIGHTING CONTRACTOR SHOULD BE ABLE TO GIVE YOU WHAT THE LIGHTING ENVELOPE IS OF, OF, OF WHATEVER YOUR LIGHTING PROPOSAL IS. OKAY. THEY SHOULD BE ABLE TO TELL YOU WHERE THAT LIGHT FALLS. UM, MY CONCERN IS YOU GET TWO PEOPLE COMING DOWN THE STAIRS, THEY'RE GONNA BLOCK THE LIGHTING GOING DOWN. SO IF YOU'RE, YOU'RE DEPENDING ON THAT LIGHT BEHI ON THE TOP OF THE STAIRS, LIGHTING THOSE STAIRS IS A GOOD CHANCE. IT WON'T, NOT BECAUSE IT'S NOT CAPABLE OF IT, BUT YOU COULD HAVE [00:50:01] PEOPLE BLOCKING IT. THAT'S MY CONCERN ABOUT DOING IT THE WAY YOU'RE DOING IT. AND I, I WOULD JUST, I MEAN, I'M NOT A LIGHTING EXPERT. I WOULD TALK TO YOUR LIGHTING EXPERT AND ASK WHAT THE SAFEST WAY OF LIGHTING THAT IS WHEN THERE PEOPLE ON THE STAIRS. I IT'S JUST A CON A CONCERN. YOU DON'T, AND I, LOOK, I'M SURE WE SAY WE HAVE THE SAME OBJECTIVES. YOU DON'T WANT PEOPLE FALLING ON THE STAIRS, OBVIOUSLY. CORRECT. CORRECT. BUT, BUT I JUST THINKING ABOUT IT, TRYING TO LIGHT IT FROM THE TOP DOWN, WHEN PEOPLE ARE DR. WALKING DOWN THOSE STAIRS, THEY'RE GONNA BE DIRECT SIGHT LINE OF THAT LIGHT GOING DOWN THE STAIRS. SO ONE OF THE THINGS THAT WE DID CONSIDER, AND IT, IT JUST DOESN'T LOOK AS NICE, BUT IT'S, IT'S, IT'S VERY EFFECTIVE. IS, UM, AND I'M NOT NECESSARILY SAYING THIS LIGHT, BUT I JUST WANNA, UH, ILLUSTRATE IT, UM, JUST FOR THE PURPOSES OF THIS DISCUSSION, IS TO MOUNT SOMETHING TALL HERE, OR MAYBE WE MOVE IT BACK, UM, A LITTLE BIT AND IT COULD BE MAYBE A LOWER VOLTAGE AND THEN THAT KIND OF ALLEVIATES THE CONCERN THAT YOU'RE TALKING ABOUT. I DO THINK THE BOLLARDS LOOK A LITTLE CLEANER AND A LITTLE NICER, BUT IF THAT'S A, A LEGITIMATE, WHICH IT SOUNDS LIKE A LEGITIMATE CONCERN TO ME, BUT THAT'S SOMETHING WE COULD DEFINITELY EXPLORE IT AND REPLACE THE BOLLARD LIGHT WITH MAYBE NOT AS TALL AS THE PARKING LOT LIGHT, BUT SOMETHING THAT'S IN THAT SAME, YOU KNOW, UM, WHAT YOU COULD DO PROBABLY, AND NOT A VERY HIGH, HIGH LIGHT, FOR EXAMPLE, IN THE MIDDLE OF THE STAIRWELL IS HAVE A FAIRLY FOCUSED L E D NOT TOO HIGH THAT WOULD DO, THAT MAY BE EFFECTIVE AT LET LIGHTING THAT WHOLE SET OF STAIRS. BUT I WOULD GO BACK TO YOUR LIGHTING. I WOULD GO BACK TO YOUR LIGHTING CONTRACTOR AND TELL 'EM, I MEAN, I'M SURE SAFETY IS THE NUMBER ONE THING. AESTHETICS IS THE NUMBER TWO THING. HOW COULD WE DO THIS? SO IT'S NOT, UH, SO IT'S JUST AESTHETICALLY PLEA PLEASING, BUT STILL PROVIDE ENOUGH FLIGHT THAT NO ONE'S GOING TO MISS A STEER. YEAH. I THINK THAT'S THE KEY HERE IS THAT, UH, WE DON'T, AS YOU SAID, WE DON'T HAVE LIGHTING EXPECT, SO WE DON'T KNOW WHAT THE ABSOLUTE SOLUTION IS. THE CRITICAL ISSUE IS THAT THE LA THE, THE, UH, LANDING AND THE STEPS SHOULD HAVE LIGHTING AT ALL TIMES. YOU KNOW, EVEN WHEN PEOPLE ARE WALKING PAST EACH OTHER. NOW, HOW YOU ACCOMPLISH THAT, I'LL LEAVE IT UP TO THE LIGHTING EXPERTS AND, AND THE ARCHITECTS SUCH AS YOU TO FIGURE OUT HOW TO DO THAT. AS AN ARCHITECT, YOU WOULD WANT TO DO THAT IN THE MOST AESTHETIC, UH, WAY. BUT THE BOTTOM LINE IS LIGHT ON THE LANDING AND THE STEPS AT ALL TIMES. I ASSUME I, BEFORE THEY GET A PERMIT, OUR BUILDING INSPECTOR WOULD BLESS, BLESS THE LIGHTING PLAN ANYWAY. YEAH. DAVE, DAVE, IS THAT CORRECT? OR AARON? YES, YES. AND I MEAN, THEY'RE, THEY'RE GONNA, THEY'RE NOT GONNA ALLOW SOMETHING THAT'S GOING TO BE UNSAFE, SO, OKAY. UH, CORRECT. AND IN FACT, I MEAN, I DIDN'T WANNA RAISE THIS. IF THIS PLAN, YOU KNOW, THEY LOOKED AT IT AND THEY SAID, NO, THAT'S JUST NOT ENOUGH LIGHTING. THEY WOULD COME BACK. THEY WOULDN'T EVEN HAVE TO GO BACK TO THE PLANNING BOARD . SO WHAT I'D SUGGEST, WHAT I WOULD SUGGEST IN, IN OUR, WHEN, WHEN, AND IF WE MAKE A, WHEN WE MAKE A DECISION ON THIS, UH, IF IT'S A POSITIVE DECISION, IS THAT WE JUST PUT IN AS A CONDITION OF THE DECISION, JUST, JUST UNDERSCORE AS A FLAG TO THE BUILDING INSPECTOR TO SUGGEST ASK THEM TO BE, YOU KNOW, TO FOCUS ON, ON THIS PARTICULAR THING THAT THIS WAS A CONCERN. THAT'S ALL. OKAY, GOOD. WE DO THAT. WE'LL CERTAINLY DO THAT. OKAY. THANK YOU. OKAY. LET'S MOVE ON TO THE NEXT POINT. OKAY. NEXT ONE IS, UM, I JUST WANNA GO, UH, THROUGH THIS ONE WITH A GRAIN OF SALT. UH, THAT'S THE LANDSCAPING. YEAH. UM, SO WHAT WE'VE BEEN WORKING ON IS BASICALLY WE'VE HAD THE ARBORISTS OUT THERE, UH, THREE, FOUR WEEKS AGO NOW. WE HAVE THE REPORT, WE HAVE SPECIES, UH, CORRECTED, UM, DIAMETERS. UH, THE ORIGINAL ONES WERE PICKED UP BY THE SURVEYOR. SO THERE IS A, A DISCREPANCY. THE ARBORIST DIAMETERS ARE ACTUALLY BIGGER. UM, BUT, BUT WE HAVE A LOT OF INFORMATION. SO WE WERE ABLE, UH, TO, TO WORK WITH, UM, THE, THE TOWN OF GREENBURG'S, UM, ARBORISTS TO, UM, UM, YOU KNOW, UM, REDO THE, UM, UH, THE ANALYSIS OF THE TREE REMOVAL. THERE'S ACTUALLY MORE TREES. THERE'S A COUPLE THAT WERE MISSED BY THE SURVEYOR, I THINK FOUR. UM, BUT, AND, AND I THINK THERE'S A LOT OF TREES JAMMED IN HERE, [00:55:01] SO WE'RE LOOKING AT SELECTING SOME, SOME OF THE SAME TREES WITH SOME DIFFERENT ONES ALSO, BUT ALSO, UH, PROVIDING, UH, TREES AT THIS LOWER EDGE AND, AND REALLY, UM, YOU KNOW, JUST A, A BETTER LAYOUT AROUND THE ENTIRE PARKING LOT. SO, UM, THAT'S SOMETHING THAT WE SHOULD HAVE COMPLETED BY THE END OF THIS WEEK. I SPOKE TO, UH, SPEND THIS MORNING ABOUT WHERE WE ARE, UM, YOU KNOW, AND HOW TO HANDLE DEAD TREES AND THINGS LIKE THAT. THERE WERE TWO DEAD TREES, WHICH ARE NOT ZERO STORM ORDER, BY THE WAY. UH, THEY DO ABSORB A LITTLE BIT. UM, SO, UM, SO THE, THE LANDSCAPE PLAN IS SUB SUBJECT TO CHANGE SLIGHTLY. UM, BUT I, I THINK, UM, YOU KNOW, THAT WE'LL END UP WITH A, I THINK A NICER, UM, UH, DESIGN, UH, YOU KNOW, WITH THE INPUT OF, UM, YOU KNOW, COMMENTS WE HEARD FROM THIS BOARD, ONE OF THE THINGS THAT MIGHT DISAPPEAR IS THE GROUND COVER IN EXCHANGE FOR MORE TREES AT THE LOWER LEVEL, WHICH I THINK IS HOW THIS COMMENT STARTED LAST TIME. AND WE DIDN'T WANNA PUT 'EM ON THE MIDDLE OF THE SLOPE, BUT AT THE BOTTOMS WHERE THEY'RE A LITTLE FLATTER, WE, WE COULD SQUEEZE SOME TREES IN THERE AND, AND REALLY GET A NICE CANOPY HERE. UM, NUMBER THREE, UM, WE'VE ADDED A NOTE, I THINK IT'S ON THE OVERALL SITE PLAN ABOUT, UM, THE STONE WALL. THE STONE WALL THAT WE'RE DISCUSSING IS IN THIS AREA. A PORTION OF IT WILL BE, UH, REMOVED. THIS IS A DRY LAID STONE WALL. IT DOESN'T HAVE ANY MORTAR. THERE ARE SOME, IT'S NOT IN THAT BAD SHAPE, BUT THERE ARE SOME ROCKS THAT ARE LIKE, UH, THAT HAVE ROLLED OFF. SO, YOU KNOW, UM, WE'RE GONNA, WE CALL THAT A PORTION BE REMOVED AND THE REMAINDER BE TIDY. SO WE COULD REMOVE ANY, LIKE, YOU KNOW, VEGETATIVE GROWTH, UM, IN FRONT OF THE WALL, YOU KNOW, KIND OF GIVE IT A BETTER APPEARANCE, UH, PUT BACK SOME OF THE ROCKS THAT HAVE BEEN DISLODGED, BUT IT'S NEVER GONNA LOOK LIKE THAT PERFECT 90 DEGREE ANGLE WALL BECAUSE IT'S A DRY LAID WALL. UH, WE'RE GONNA LEAVE NUMBER FOUR, WHICH IS A D A, UH, TO LAST. AND THEN NUMBER FIVE, UM, WE'VE HAD CONVERSATIONS WITH, UM, MR. VACCARO FROM CAPTAIN LAWRENCE, AND WHAT HE THOUGHT WAS A, A MORE KIND OF A VARIATION OF WHAT WE WERE SPEAKING ABOUT AT THE LAST MEETING IS TO PARK EMPLOYEES AT THIS SOUTHERN LOT. UM, SO EVERYONE WHO WORKS IN A BUILDING COULD BE ENCOURAGED TO PARK IN THIS SOUTHERN LOT, LEAVING THE, UH, REMAINDER OF THE SPACES AVAILABLE FOR, YOU KNOW, PATRONS OF THE ESTABLISHMENT. UH, WHICH MOST PEOPLE WHO PARK THAT COME IN FROM, UH, CLEARBROOK ARE PATRONS OF CAPTAIN LAWRENCE. MANY OF 'EM ACTUALLY. UM, AND THEN IF THERE'S EXTREMELY HEAVY WEEKENDS, YOU KNOW, FOUR OR FIVE TIMES A YEAR WHERE THEY HAVE TO USE SOME STAFF TO PUT A SIGN OUT OR TO DIRECT PEOPLE THAT ARE HAPPY TO DO THAT. UM, BUT THAT'S, THAT'S REALLY WHAT WE SPOKE ABOUT. UM, YOU KNOW, REALLY SHIFTING THE EMPLOYEES TO THE LOT THAT'S LEASED, UTILIZED BY CUSTOMERS AND JUST LEAVING THE MOST NUMBER OF SPACES AVAILABLE FOR PATRONS. YEAH, I, I JUST WANT TO SAY, I THINK, YOU KNOW, HAVING A SENSOR SYSTEM WAS A REAL NICE TO HAVE, BUT NOT SOMETHING TO BE REQUIRED IN THE SITUATION. YOU KNOW, IF IT'S FULL, PUT A SANDWICH BOARD OUT. I DROVE BY THERE THE OTHER DAY. IF YOU'RE DRIVING BY, I THINK YOU CAN SEE IN PRETTY WELL HOW FULL IT MIGHT BE. WHAT I THINK WOULD BE USEFUL IS SOME KIND OF SIGN BY YOUR ENTRANCE SAYING ADDITIONAL PARKING WITH AN ARROW, BECAUSE PEOPLE AREN'T USED TO HAVING THAT OTHER PARKING LOT THERE. YEAH, THAT'S A GREAT IDEA. KNOW IF THEY'RE CURRENT CUSTOMERS AND THEY COME, THEY SEE IT'S FULL, THEN THEY DON'T KNOW WHERE TO GO. JUST MAKE IT CLEAR THAT YOU HAVE A BACKUP. ALSO, I MEAN, A LOT OF THESE CUSTOMERS ARE REPEAT CUSTOMERS. UM, SO THERE'S, WE HAVEN'T DONE A TRAFFIC COUNT, SO I'LL, I'LL SAY THIS JUST VERY LOOSELY, BUT THERE'S A GOOD NUMBER OF CARS THAT APPROACH THE SITE FROM CLEARBROOK, FROM THE SITE, FROM THE SOUTH AND FROM THE NORTH. SO IT'S APPROXIMATELY, [01:00:01] YOU KNOW, EQUAL DISTRIBUTION. SO I HAVE THE FEELING THAT, YOU KNOW, SOME OF THE PEOPLE THAT ARE COMING FROM THE NORTH, THAT THEY MIGHT PARK IN THAT UPPER LAWN, YOU KNOW, UH, SO THAT MAY WORK OUT JUST AS, AS PART OF THE, UM, UM, YOU KNOW, AS PEOPLE GET USED TO THE LOTS AND THEY'RE FAMILIAR WITH, UM, UH, THE TWO LOTS, UH, I THINK WE WOULD GET PEOPLE COMING FROM THE NORTH UTILIZING THE NORTH LOT. YEAH, I WOULD JUST HIGHLIGHT THAT IT'S THERE ONCE YOU HAVE IT. SURE. EASY TO DO. BUT THE FOLLOW UP ON MR. HAYES'S COMMENT, WHAT IS THE DOWNSIDE OF HAVING THE SIGN, IN FACT, IN BOTH LOTS ON THE LOWER LOT JUST SAYING ADDITIONAL PARKING AND UP AND A FEW, WE'RE NOT, WE'RE NOT OPPOSED TO IT AT ALL. YEAH. NOT OPPOSED TO PUTTING SIGNAGE UP. THAT'D BE GREAT. I THINK THE, UH, THE, ONE OF THE MAJOR IDEA ABOUT, UH, WAS THAT THERE IS A, UH, NO CONNECTIVITY BETWEEN THE TWO LOTS. AND THAT'S HOW WE WERE TRYING TO FIGURE OUT THAT, HOW DO YOU, HOW DO YOU MAKE PEOPLE, IF THERE IS A FULL, HOW DO THEY KIND OF DON'T HAVE TO KIND OF SWITCH BACK, COME OUT ONTO THIS ROAD AND THEN GO INTO THE NEXT ONE? GOOD. UH, SO MY QUESTION LAST TIME WAS THAT, WHAT IS THE FUTURE PLAN THAT COULD BE POSSIBILITY OF CONNECTING THE LOWER AND RIGHT UPPER PARKING LOT, OR THAT THERE IS NO, I, NO, NO, WE, THERE'S A TREMENDOUS, THERE'S A, YOU KNOW, UM, A, A PRETTY SIGNIFICANT GRADE CHANGE, UH, BETWEEN THIS LOWER LOT. I JUST, I'M SORRY, I DIDN'T WANNA DRAW THAT. UH, UH, LET ME JUST GO TO THE GRADING PLAN. UM, SO WE'RE AT, UM, I'M JUST GONNA USE ROUGH NUMBERS HERE. UM, SO WE'RE AT, UM, WE'RE AT 2 78, LET'S SAY, PLUS OR MINUS AT THE PARKING LOT. AND DOWN HERE WE'RE AT 2 69. SO, YOU KNOW, WE HAVE A, A SIGNIFICANT GRADE CHANGE. SO I DON'T THINK IT'S POSSIBLE TO CONNECT THIS LOT WITH THAT LOT. WHAT I DO THINK, DEPENDING ON THE FUTURE OF THIS, THIS PROPERTY AS A WHOLE IS, I THINK THERE IS AN OPPORTUNITY IN THE FUTURE TO CONNECT, UM, THROUGH HERE. YEAH. OKAY. OKAY. UM, NOW IT'S NOT PERFECT BECAUSE WHAT IT DOES IS IT DOESN'T, IT ELIMINATES SOMEONE GETS TO THE END. THEY HAVE TO MAKE A THREE POINT TURN, WHICH IS WHY WE HATCH THIS, THIS AREA JUST TO ALLOW SOME MANEUVERABILITY. BUT YOU KNOW, IT, IT AVOIDS THAT. BUT THAT DOES MEAN THAT THEY WOULD STILL HAVE TO GET ON TO THE ROADWAY AND GO AROUND AGAIN, UM, TO GET TO THIS LOWER LOT. BUT IT'S A, YEAH, BUT I, IT'S A MUCH BETTER, UM, SCENARIO. AND, AND I THINK THAT NOT ONLY CAPTAIN LAWRENCE CAN, IN THE FUTURE CAN BENEFIT FROM THIS CONNECTION, BUT MANY OF THE BUSINESSES THAT ARE ON THE SAWMILL RIVER ROAD OR SIDE, UH, COULD ALSO BENEFIT FROM THAT CONNECTION. OKAY. BUT I WANNA GET BACK TO THIS PARTICULAR APPLICATION. UH, UH, WE LOOKED AT THE POSSIBILITY OF INTERCONNECTIVITY AND WE DECIDED AS A BOARD THAT THAT WASN'T IN PLAY FOR THIS PARTICULAR APPLICATION. UH, I AM PLEASED TO KNOW THAT SOME MAY BE IN SOME TIME IN THE FUTURE WHEN WE GET ANOTHER APPLICATION, WE MIGHT BE ABLE TO APPLY IT, BUT THAT DOES NOT, THAT SHOULD NOT BE THE FOCUS OF THIS PARTICULAR APPLICATION. IT'S SOMETHING TO THINK ABOUT IN THE FUTURE, BUT WE SHOULD NOT BE SPENDING A LOT OF TIME ON IT RIGHT NOW. WE APPRECIATE THAT, THAT INFORMATION, THAT THAT MIGHT BE SOMETHING IN THE FUTURE. BUT I'D LIKE TO FOCUS ON THE APPLICATION THAT'S IN FRONT OF US NOW. YEAH, WALTER, MY, MY QUESTION WAS JUST TO KNOW WHAT'S THEIR FUTURE PLAN IS, SO IT WAS NOT TAKING A LOT OF TIME. OKAY, FINE. THAT'S FINE. AND THE APPLICANT ANSWERED THAT, SO THAT'S FINE. YEAH. THANKS. OKAY. YOU HAD MORE POINTS, RIGHT? PIETRO? YEAH. YOU HAD ONE AND YOU HAD ANOTHER POINT. YOU HAD OTHER POINTS. NO, I MEAN, THE ONLY, THE ONLY OTHER, UH, THE ONLY OTHER ITEM IS THE, UM, THE A D A, WHICH I KNOW THAT MR. CHAIRMAN YOU'RE ANXIOUS TO TALK ABOUT AND OKAY. AND WE'RE ANXIOUS TO LISTEN. OKAY. COULD YOU DO IT, COULD YOU [01:05:01] SHARE THE SCREAM OF THE UPPER PARKING LOT? ABSOLUTELY. AND, AND AS MR. CONE'S DOING THAT, JUST TO TOUCH AND CLOSE OUT ON THE LANDSCAPING, THE APPLICANT IS WORKING WITH TOWN STAFF ON UPDATING ITS TREE REMOVAL PERMIT APPLICATION, AND BEING IN FULL COMPLIANCE WITH THE NEW TOWN TREE ORDINANCE REGULATIONS, WE SUSPECT THAT THAT WILL BE ALL IRONED OUT AHEAD OF ANY PUBLIC HEARING ON THE PROJECT. SO I JUST WANTED THE BOARD TO BE AWARE OF THAT. THANK YOU. OKAY. OKAY. COULD YOU PUT, AND I KNOW ONE OF, UH, I WAS DISCUSSING THIS WITH, UH, ONE OF THE MEMBERS OF, OF THE PLANNING BOARD, UH, MONA FRIGHT TAG. UH, AND SO I'LL LET HER, AND WE AGREE ON I, BUT I'LL LET HER VOICE START OFF AND VOICING HER CONCERN. OKAY. SO LET'S START WITH THIS FIRST, UM, A D A SPOT THAT YOU HAVE NEXT TO THE, UM, WALKWAY. YES. THIS ONE HERE? YES. OKAY. OKAY. SO LET'S IMAGINE THAT SOMEONE HAS PARKED IN THIS PARKING SPOT AND THAT THEY ARE USING A WALKER OR A CANE OR A WHEELCHAIR, AND NOW THEY HAVE TO WHEEL THEMSELVES IN FRONT OF TRAFFIC THAT'S ENTERING THE DRIVEWAY , AND THEY'RE WALKING AT A SLOWER PACE. YEAH. ALL THE TRAFFIC THAT'S ENTERING THE PARKING LOT, YOU HAVE THEM WALKING ACROSS THE ENTRYWAY TO THE PARKING LOT TO GET TO THE DOORWAY. AND THIS IS A PERSON THAT'S OBVIOUSLY GOING TO WALK A LITTLE SLOWER, MOVE A LITTLE SLOWER. YOU CAN'T HAVE THEM ON THAT SIDE OF THE PARKING LOT. YOU CAN'T HAVE YOUR HANDICAPPED PARKING SPOT HAVING TO CROSS THROUGH ALL THE TRAFFIC COMING IN AND OUT OF . THAT'S NOT WORKING FOR ME AT ALL. OKAY. I MEAN, WE ARE, WE'RE HAPPY TO MOVE THAT TO ANOTHER LOCATION. YEAH. JUST LET ME START WITH THAT. UM, BUT THE, UH, SEATING AREAS ARE BACK IN THIS AREA. YEAH. SO WHEN WE LAID IT OUT, WE WERE JUST LOOKING AT WHAT'S ONE OF THE CLOSEST SPACES. UM, YOUR, YOUR POINT IS WELL TAKEN. AND, YOU KNOW, THERE WAS A KIND OF A, A, A ULTERIOR, UH, MOTIVE, I WANNA SAY IS THAT WE ARE GONNA STRIKE THIS AREA IN FRONT OF THE STAIRS ANYWAY, SO THAT, YOU KNOW, WE, WE FIGURED WE WOULD NOT LOSE A, A, UM, A SPACE. NOW THE QUESTION IS, DOES IT MAKE IT MORE PALATABLE TO MOVE IT TO THE OTHER SIDE OR NO? NO. YOU WANTED IT HAS TO BE ON YES, IT HAS TO BE. THEY'RE NOT CROSSING TRAFFIC. THAT'S OKAY. THAT'S NO PROBLEM. YEAH. AND THEN, THEN I CAN'T HAVE THEM WALKING ACROSS, CAN'T HAVE PEOPLE HAVING TO WALK ACROSS TRAFFIC, IN MY MIND, AT LEAST. YEAH. I MEAN, AND, AND PARKING LOTS FOR SUPERMARKETS. I MEAN, UH, YOU KNOW, I KNOW WHEN WE GO TO OUR LOCAL STOP AND SHOP, THE, THE PARKING, YOU KNOW, THERE'S A DRIVE AISLE BETWEEN THE SIDEWALK OF THE STOP AND SHOP AND THE PARKING AREA, AND, YOU KNOW, EVERY PERSON WHO PARKS IN A 88 SPOT HAS TO CROSS THAT STREET. SO I DON'T THINK IT'S ATYPICAL. AND, YOU KNOW, YOU LOOK AT MOST SUPERMARKET LAYOUTS, THEY'RE SIMILAR TO THAT. BUT, BUT WE WANNA BE RESPONSIVE TO THIS BOARD AS WELL. SO IF YOU'RE NOT COMFORTABLE WITH THE LOCATION, WE'RE HAPPY TO MOVE IT. YEAH, I'M, I'M ALSO KEEPING IN MIND THAT SOME OF THIS IS GOING TO BE, UM, PEOPLE WHO ARE THERE LATE IN THE EVENING, AND PERHAPS THEY, UM, PARTAKE IN OF A FEW . I, I WANNA BE CAREFUL. I GOT, I WANNA BE EXTRA CAREFUL. ALL RIGHT. OKAY. WE'LL, WE'LL, WE'LL, LET'S JUST, YOU KNOW, WE CAN, UM, WE, CAN WE LOSE ONE SPACE? WE'LL, WE'LL HATCH OUT ANOTHER SPACE HERE AND, AND MOVE THE A D A, UH, TO THIS LOCATION. SO WE WILL HATCH. NOW, NOW OUR OTHER SPOTS, THERE'S ANOTHER SPOT ALSO. YEAH, GO AHEAD. THERE ARE OTHER SPOTS THAT YOU'VE GIVEN US. AND SO, SO THIS IS EXISTING AND WE'VE GIVEN YOU THIS ONE. OKAY. AND IS THERE A DOOR? IS IT, ARE YOU FINISHED, RON, OR, YEAH. NO. WHERE IS THE DOOR FOR THESE? FOR, FOR THAT ONE? WHERE'S THE DOOR? THE ENTRANCE DOOR FOR THAT SPACE. SO FOR THOSE TWO SPACES? YEAH, I HAVE TO, UM, HOW DO THEY GET INTO THE BUILDING? SO WHAT HAPPENS HERE IS THE RAMP IS, THERE'S A RAMP RIGHT THERE AROUND HERE. SO YOU COULD RAMP, THIS [01:10:01] IS FLAT. YOU COULD RAMP A RAMP AND EITHER GO HERE OR GO THERE. AND NOW YOU'RE, YOU'RE AT THIS, UM, YOU'RE AT THIS LEVEL. SO THIS IS A FOUR BY FOUR LANDING. AND THEN AGAIN, YOU COULD, YOU KNOW, RAMP UP HERE, GET TO, UH, THE SHOOTING, UH, BLUE LINE, OR YOU CAN COME ACROSS TO THIS AREA. AGAIN, IF THAT'S HANDICAP TALKING, WHY, WHY FORCE THEM TO GO UP A RAMP WHEN YOU HAVE, IT'S ONE THING, OR WHEN YOU HAVE NO OTHER CHOICE, AND THAT'S THE WAY YOU HAVE TO DO IT. SO FINE, YOU MAKE IT A RAMP RAMP, BUT WHY BUILD A RAMP WHEN THERE'S A, WHEN THERE IS, UH, THE FLEXIBILITY TO PUT THOSE SPACES RIGHT IN THE FRONT OF THE BUILDING, THE, THE, UM, THE RAMP WE'RE NOT BUILDING. THE RAMP IS, THERE'S A RAMP THERE ALREADY. OKAY. THIS IS AN EXISTING HANDICAPPED STATE. THOSE WERE ALSO NOT, OKAY. OKAY. THOSE AREN'T INTENDED FOR CAPTAIN LAWRENCE, THOUGH. THOSE SPOTS ARE FOR THE OTHER BUSINESSES IN THE BUILDING. SO THERE'S, THERE'S FIVE BUSINESSES WITHIN THE BUILDING. SO WE THOUGHT IT WOULD BE APPROPRIATE TO HAVE A SPOT AVAILABLE FOR EACH BUSINESS. SCOTT, I THINK YOU MAY, I I THINK YOU CAN HELP EVERYBODY BY EXPLAINING THESE, THE, WHAT YOU JUST SAID. WHAT I, AND THAT'S WHAT I THOUGHT, THOUGHT YOU WERE GONNA SAY, IS THAT PEOPLE PARKING THESE SPOTS AND NOT GOING ALL THE WAY AROUND THE BUILDING TO THE BEER GARDEN, THEY'RE GOING TO ENTER THE LIKELY TO ENTER THE BUILDING ON THIS, ON THE SIDE. THESE SPOTS ARE, IS THAT CORRECT? AND NOT, NOT TO OUR BUSINESS. SO THERE'S, THERE'S THREE BUSINESSES. OKAY. SO THAT ANSWERS THE QUESTION. SO THAT ANSWERS THAT QUESTION. THANK YOU, SCOTT. AND THAT'S WHY WE KIND OF WANTED TO SPREAD 'EM OUT, UH, BECAUSE THERE ARE, UM, AGAIN, THREE BUSINESSES HERE, BUT ALSO THERE'S A, THERE'S AN A, D A SPACE HERE, AND, YOU KNOW, THERE'S ONLY, THERE'S ONLY ONE IN THE BACK. SO WE SHOWED A SECOND ONE, OKAY. UM, TO GET INTO THIS SIDE. SO I THINK WHAT WE TRY TO DO IS DISTRIBUTE THEM, UM, THROUGHOUT THE SITE SO THAT IT MAKES SENSE. SO WHEREVER SOMEONE, YOU KNOW, A D A, UM, A PERSON PARKED, UH, WHICHEVER SIDE OF THE BUILDING THEY PARKED ON THERE WOULD BE AVAILABILITY OF SPACES. OKAY. SO THAT EXPLAINS ALL OF THOSE OTHER SPOTS. SO THE SPOT THAT'S STILL, UH, AND YOU AGREE TO CHANGE IS THE ONE THAT NEAR THE ENTRANCE, THAT, THAT CHA, THAT THAT SPOT WILL BE REMOVED. YOU, YOU GAVE, AT LEAST TO MY SATISFACTION, UH, EXPLANATION WHY THOSE OTHER, THE LOCATIONS AND THE JUSTIFICATIONS FOR THOSE OTHER SPOTS. SO, SO WE'RE BACK DOWN TO THE ORIGINAL, UH, SPOT, NEAR THE ENTRANCE. AND YOU AGREE TO MOVE THAT, CORRECT? CORRECT. OKAY. OKAY. ANY OTHER QUESTION, WALTER? I I JUST HAVE A GENERAL QUESTION BECAUSE, UH, IS THE, UH, SINCE THERE ARE, I THINK USES AND THE PARKING LOTS ARE SEPARATE, UH, DOES, DOES THIS, UH, PARK HANDICAP PARKING MEET THE REQUIREMENT BASED ON THE NUMBER OF SPACES? BECAUSE THERE IS SOME STATE, UH, A D A REQUIREMENTS MM-HMM. , SO, SO I JUST WANTED TO REMIND THAT, JUST MAKE SURE THAT THEY MEET THE A D A, UH, CRITERIA THAT HOW MANY YEAH, THE, BASED ON THE NUMBER OF SPACES THEY DO. THAT'S WHY, THAT'S WHY, UH, UH, THAT QUESTION WAS RAISED AT THE VERY FIRST MEETING FOR THEM TO GO BACK AND CALCULATE THAT, TO MAKE SURE, AND THAT'S WHY ADDITIONAL SPACES WERE ADDED. ONE OF THE SPACES, SPACES ADDED WAS THE ONE AND, UH, UH, UH, NEAR THE DRIVEWAY, THAT'S ONE OF THE ADDED SPACES TO MEET THE A D A, UH, REQUIREMENT. SO YEAH, THAT WAS DONE, BUT IT'S JUST THAT WE'RE NOT HAPPY WITH THAT PARTICULAR LOCATION. NO, I UNDERSTAND. I UNDERSTAND. WALTER, MY QUESTION WAS THAT THE ANALYSIS WAS DONE AND IT COMPLIES WITH IT. YES. OKAY. JUST WANTED A CONFIRMATION. YES. OKAY. ARE THERE ANY OTHER QUESTION REGARDING, UH, UH, THIS APPLICATION? OKAY, SO WE DO HAVE, UH, UH, UM, SOME ISSUES THAT, UH, UH, THE APPLICANT WILL RECTIFY PRIOR TO, UH, COMING TO A, UH, UM, A PUBLIC HEARING. AND THAT WAS TO CONFIRM WITH THE BUILDING DEPARTMENT ABOUT THE LIGHTING COME UP. MAKE SURE YOU COME UP WITH A, THE TYPE OF LIGHTING [01:15:01] THAT WILL COVER THE STEPS AND THE, AND THE LANDING. UH, YOU'LL HAVE AN UPDATED LANDSCAPING PLAN, AND THE OTHER THING THAT YOU'LL COME UP WITH A NEW LOCATION FOR THE, UM, THE HANDICAP SPACE THAT DOES NOT REQUIRE CROSSING, UH, THE ROAD. NOW, I, UH, SO THOSE ARE, ARE THE POINTS THAT I NOTED. UH, ARE THERE ANY OTHER POINTS THAT I'M MISSING THAT, UH, UH, ANYONE WOULD LIKE TO ADD TO THAT BEFORE WE, THIS COULD GO TO PUBLIC HEARING. UH, UH, IF NOT, WHEN DO YOU THINK? OKAY. SO WHAT YOU WOULD DO NOW IS TO, UH, UH, UH, COMMUNICATE WITH, UH, DEPUTY COMMISSIONER SCHMIDT, AND, AND WHEN HE TELLS ME THAT HE HAS ALL THE INFORMATION, HE, UH, HE NEEDS TO GO TO PUBLIC HEARING, AT THAT POINT, I WILL PUT IT ON FOR PUBLIC HEARING. NOW, ONE OF THE THINGS THAT I'M TRYING TO AVOID THAT HAPPENED IN THE PAST, WE WILL GIVE A DATE FOR THE NEXT PUBLIC HEARING, AND, BUT THAT WOULD NOT GIVE, UH, THE AFFILIATED, UH, UH, UM, DEPARTMENTS OR, OR, UH, ENOUGH TIME TO GO OVER IT. SO WE MIGHT NOT GIVE THE BUILDING DEPARTMENT ENOUGH TIME OR WHATEVER. SO THAT'S WHY I'M SAYING I WILL LOCK IN THE DATE AFTER AARON TELLS ME THAT HE HAS ALL THE INFORMATION. OKAY. BUT AS SOON AS THAT'S DONE, THEN I WILL SCHEDULE IT. SO HOPEFULLY IT WILL BE ON THE AGENDA FOR PUBLIC HEARING IN MAY, BUT THAT REALLY DEPENDS ON HOW FAST YOU GET THE INFORMATION TO AARON. WE WE'RE, WE'LL GET THAT BACK, UM, TO YOU GUYS VERY QUICKLY. YEAH, WE WILL BE DONE WITH THE LANDSCAPING AND TREE EVALUATION, UH, UH, BY THE END OF THIS WEEK. UH, MAYBE IT'LL TAKE US A COUPLE DAYS TO, AND WE'LL FEED THAT TO THE ARBORIST, MAKE SURE THERE'S NO ISSUES, UM, YOU KNOW, BY P D F AS A, A COURTESY. UM, BUT, UM, MAYBE THERE'S A COUPLE DAYS NEXT WEEK TO GET A, THE PHOTOMETRIC UPDATED, UH, THAT THAT'S THE THING THAT REALLY TAKES THE LONGEST TIME. BUT, UM, OTHER THAN THAT, I MEAN, I, WE'LL GET THAT TO YOU REALLY QUICKLY. OKAY. AS SOON AS WE GET IT, I WILL, I'LL, I'LL PUT IT ON THE AGENDA, AND HOPEFULLY IT'LL BE ONE OF THE TWO MEETINGS IN MAY. THANK YOU ALL FOR YOUR TIME AND YOUR, UM, AS ALWAYS, UH, UH, INSIGHTFUL, UM, YOU KNOW, COMMENTS ON, ON THE SITE PLAN. YEAH. THANK YOU EVERYONE. OKAY. THANK YOU. UH, SO AS I INDICATED BEFORE, WE WILL HAVE NO, UH, PUBLIC HEARING BECAUSE, UH, UH, IN, IN REGARDS TO, UH, PP 2101, BECAUSE THE PUBLIC NOTICE DIDN'T GO OUT IN TIME. SO THAT WILL BE RESCHEDULED TO MAY THE FIFTH. NOW WE GO TO NEW BUSINESS, UH, PB 21 DASH 15. MATT, YOU ARE MUTED. I SAID TO MYSELF, CHECK BEFORE YOU SPEAK, CHECK BEFORE YOU SPEAK. SO THE NEXT ITEM ON THE AGENDA IS CASE NUMBER PB 20 DASH 15 ALAGE, LOCATED AT 14 ROCK HILL LANE IN SCARSDALE. IN THE R 21 FAMILY RESIDENCE ZONING DISTRICT, THE APPLICANT SEEKS STEEP SLOPE AND TREE REMOVAL PERMIT APPROVALS FROM THE PLANNING BOARD. THE APPLICANT IS PROPOSING THE DEMOLITION OF AN EXISTING GUEST HOUSE ON STAIRWAY AND THE CONSTRUCTION OF A POOL POOL PATIO WITH THE CABANA, A BASEMENT ADDITION WITH THE PARROTS ABOVE A DECK AND RELATED IMPROVEMENTS. THE APPLICANT IS PROPOSING THE ADDITION OF THREE RAIN GARDENS TO HANDLE THE ADDITIONAL RUNOFF CREATED BY IMPERVIOUS SURFACES. THE PROJECT REQUIRES THE REMOVAL OF SIX REGULATED TREES REQUIRING A TREE REMOVAL PERMIT, AND THE APPLICANT HAS PREPARED A LANDSCAPING PLAN CALLING FOR THE PLANTING OF 20 TREES AND VARIOUS SHRUBS AS REPLACEMENT. OKAY. IT IS NOTED THAT THE PLANNING BOARD ISSUED A STEEP SLOPE PERMIT ON MARCH 29TH, 2018, AS PART OF CASE NUMBER PB 17 DASH 23. CLAIRE, PARDON ME, SORRY. INVOLVING A SIMILAR PROPOSAL TO SITE. THE APPLICANT'S REPRESENTATIVES ARE PRESENT THIS EVENING TO DETAIL THE PROJECT AND ANSWER ANY QUESTIONS THE BOARD MAY HAVE. OKAY. UH, YOU IN THE PACKET, YOU GOT THE INFORMATION ON THE PROJECT AND INCLUDING THE HISTORY OF THE PROJECT. UH, SO THERE'S QUITE A BIT OF, UH, INFORMATION THAT WAS IN THE PACKET. UH, WITH THAT SAID, I INVITE [01:20:01] A REPRESENTATIVE FOR THIS APPLICATION TO, UH, ADDRESS THE PLANNING BOARD. DO YOU HAVE SOMEONE WHO TO SPEAK? HI, UH, MY NAME'S MICHAEL MCGARVEY. UH, I'M, UM, HERE REPRESENTING THE APPLICATION, UH, FOR, UM, UH, 14 ROCK HILL LANE. UM, WITH ME TONIGHT IS, UM, MY ARCHITECT. HE'S, HE'S ON HERE, BUT HE IS NOT ON HERE. UH, OH. THERE HE IS, RIGHT THERE. RIGHT HERE. CAN JUST MENTION ARCHITECTS AND THEY POP UP, UH, EVERYONE. SO HE'S HERE. AND I HAVE, UH, A COUPLE OF THE ATTORNEYS AS WELL, UM, UM, UH, IN THE WAIT, SO TO SPEAK. UM, AS YOU GUYS MAY KNOW, THIS APPLICATION WAS, UH, APPROVED A COUPLE YEARS BACK. UM, UNBEKNOWNST TO THE, UH, THE OWNER WHO DOES NOT LIVE AT THE SITE, UM, THERE WAS WORK BEING DONE WITHOUT HIS OFFICIAL PERMISSION, HE WAS GOING TO HIRE THIS GUY TO DO THE WORK, BUT HE, THIS GUY ENDED UP STARTING TO WORK BEFORE HE HAD THE, UH, THE APPLICATION, OR I'M SORRY, FOR THE, UH, THE BUILDING PERMIT. UH, WORK WAS SUBSEQUENTLY, UH, STOPPED BY THE BUILDING DEPARTMENT. UM, THE OWNER, UM, SPOKE WITH US AND, UH, HE SAID, WE LISTEN, WOULD THINK, YOU KNOW, THIS IS A GREAT TIME TO, UM, MAKE THINGS A LITTLE BIT BETTER, UH, FOR WHAT WE NEED. UM, AND WE CAME UP WITH THIS PLAN, AND IT'S TAKEN US A WHILE TO GET HERE, BUT HERE WE ARE, AND WE'RE LOOKING FORWARD TO YOUR COMMENTS AND HOPEFULLY YOUR APPROVAL ON THIS, UH, APPLICATION. OKAY. SO, COULD YOU WALK NORIAN? LANDY IS THE, UH, ARCHITECT. HE PREPARED THE PLANS. I YOU WANTED TO SAY ANYTHING? UH, LUIGI? UM, YES, MR. CHAIRMAN, MEMBERS OF THE BOARD. GOOD EVENING. SO, UM, I WORKED AT THESE PLANS AFTER THE, UM, THE APPLICANT BASICALLY, UM, HIRED US AFTER HE, UM, RECEIVED THE PLANNING BOARD APPROVAL, UM, ON A DIFFERENT DESIGN. SO WE CAME IN TO, UM, KIND OF REDESIGN THE, UH, THE BACK AREA WHERE THE SWIMMING POOL IS. UM, I CAN SHARE, GIMME ONE SECOND. I CAN SHARE MY SCREEN SO I CAN WALK YOU THROUGH. ALL RIGHT. CAN ANYBODY SEE THIS? YES. OKAY. SO, UM, UH, REDESIGN CONSISTS OF, UM, YOU KNOW, UM, RELOCATING THE SWIMMING POOL AREA, MORE CENTERED WITH THE, UH, WITH THE ENTIRE, WITH, WITH THE SITE. WITH THE HOUSE. UH, WE'RE PROPOSING A POOL CABANA TO THE, UH, TO THE RIGHT HAND SIDE. OVER HERE, WE'RE ADDING TO THE, UH, TO THE BASEMENT. WE'RE CREATING AN ADDITION TO THE BASEMENT OF ABOUT 1400, UM, 1,460 SQUARE FEET. AND, UM, AND, AND, UH, CREATING RAIN GARDENS. THIS IS IN CONSISTENT WITH THE PREVIOUS APPROVED APPLICATION, UH, JUST FOR, UM, STORMWATER RUNOFF. AND ONE MORE THING, IN ADDITION TO OUR DESIGN IS, UM, DRIVEWAY THROUGH THE FRONT OF THE HOUSE, WE'RE ADDING THIS PORTION OF THE, UH, DRIVEWAY THAT WAS NOT PART OF THE, UH, THE OTHER DESIGN WE WERE, WE WERE ADDING THAT PORTION OF THE DRIVEWAY. 'CAUSE THIS MAKES IT MORE ACCESSIBLE, UM, TO GET IN AND OUTTA THE GARAGE INSTEAD OF HAVING TO BACK UP OUT OF THAT GARAGE. UM, AND IT, UH, TO MAKE A, A TURN, UH, UP IN THE DRIVEWAY IN FRONT OF THE HOUSE IS A LITTLE TIGHT. UM, SO THIS MAKES IT A LITTLE BIT EASIER TO GET IN AND OUT OF THE DRIVEWAY ITSELF. COULD YOU SHOW US THE EXISTING, THE EXISTING DRIVEWAY? SURE. WITH THAT ONE AS AN OVERLAY, MIKE? UH, OR SHOW 'EM SIDE BY, JUST SHOW, LEMME JUST, LET'S JUST AT LEAST SEE THE EXISTING DRIVEWAY. SEE WHAT CHANGED. IT'S RIGHT, IT IS, RIGHT. WELL, THE, THE DRIVEWAY IS RIGHT THERE AT THE, UH, CUL-DE-SAC. OH. KEEPS ON MOVING HERE. YEAH. CAN, CAN YOU SEE THIS ONE? YEAH, I CAN SEE THAT. OKAY. SEE, HERE'S, HERE'S THE EXISTING ENTRANCE. OKAY. WE'RE, UM, THIS IS OUR PROPOSAL. SO INSTEAD OF IT THE, YOU'RE DOING A, A NEW CURB CUT, THEN IT'S IN CURB CUT DOWN. YEAH, EXACTLY. ARE YOU SHUTTING DOWN THE OLD CURB CUT? UH, WE DIDN'T WANT TO, WE PREFER TO KEEP IT, THERE'S REALLY NO PARKING ON THAT STREET. UH, BUT WE GET ALL, IF WE GET SOME OF THESE CARS OFF THE STREET, UM, I THINK WE'D BE IN GOOD SHAPE. BUT WHAT DOES, DAVE, WHAT DOES THE ZONING CODE SAY ABOUT TWO CURB CUTS? WE CAN HAVE, UH, I BELIEVE YOU CAN HAVE TWO. YOU JUST, EACH ONE'S GOTTA BE, UM, UH, NO MORE THAN 20 FEET, UM, IN THE, THAT'S RIGHT. OKAY. DOES THIS LAYOUT MEET THE, DOES THIS LAYOUT MEET THE CODE? YES. OKAY. MEET THE CODE. OKAY. HOW WIDE DOES IT [01:25:01] BEEN? WANTS A NEW DRIVEWAY. OKAY, GO AHEAD, AARON. I'M SORRY. THAT'S OKAY. I JUST WANTED TO LET EVERYONE KNOW THAT IT'S BEEN REVIEWED BY THE BUILDING INSPECTOR AND DEEMED TO BE COMPLIANT WITH THE CODE. OKAY. AND HOW WIDE IS THE NEW DRIVEWAY? UH, LUI? THE, UH, WELL, I DO HAVE THE CURB CUT SHOWING UP HERE. 42. WELL, THAT, YEAH, BUT THAT'S AT THE, UH, THAT'S AT THE VERY BOTTOM. THE CURB CUT ITSELF. RIGHT? UH, CAN'T BE MORE THAN 20 FEET. THE ACTUAL WIDTH OF THE DRIVEWAY IS 20 FEET. UH, 15. THAT DOESN'T MAKE IT, THAT DOESN'T MAKE ANY SENSE. UM, 'CAUSE I SAW THAT WHAT YOU HAVE DOWN, THERE'S A CURB CUT OF 42 FEET. WELL, THAT'S NOT THE CURB CUT. SEE, THE CURB IS, IS UP HIGHER. IT SAYS NEW CURB. WELL, WHAT IS THAT THEN? 'CAUSE YOU TWO THE LINES. WELL, THAT'S THE FIRE OUT AT THE BOTTOM OF THE, UH, THE DRIVEWAY. IT SHOULDN'T, IT SHOULD HAVE ONLY BEEN ABOUT 20 FEET WIDE. THAT'S NOT WHAT THE DRAWING SHOWS. I'M, I'M SORRY. I, I'M CONFUSED. I UNDERSTAND. I UNDERSTAND. RIGHT. YOU'LL HAVE TO COME BACK AND MAKE SURE THAT IT'S 20. NO, THAT LOOKS LIKE A 42 FOOT CURB CUT TO ME. NO, YOU'RE RIGHT. YOU'RE A HUNDRED PERCENT CORRECT. IT SHOWS 42 FEET. RIGHT. THAT'S THE FLARE OUT AT THE BOTTOM, HUGH. UM, BUT WE WILL CHANGE IT SO THAT AT THE CURB IT'LL SHOW THE, UM, UH, 20 FOOT. OKAY. THE OTHER THING IS WHERE, WHAT IS THE, WHAT IS THE, UH, THE SLOPE OF THE DRIVEWAY? UM, DO WE HAVE THAT? UM, LUIGI, I, I THINK I HAVE THE SAME QUESTION AS YOU WHERE THE I DON'T SEE A CATCH BASIN. THAT WAS YOUR QUESTION. YO. WELL, I WANNA KNOW WHAT THE SLOPE IS FIRST, BECAUSE YEAH. AND THEN YES, YOU'RE RIGHT. YOU'RE RIGHT, WALTER, THAT WOULD BE THE NEXT QUESTION AFTER THAT FOR SURE. OKAY. WELL, THE, UH, OKAY. IF, IF I MAY, I MEAN IT, I DON'T HAVE THE SLOPE ON THE DRIVEWAY ON THIS PLAN. UM, CORRECT. IT'S SOMETHING THAT WE REALLY WELL, DO YOU HAVE THE GRADING PLAN? DO, DO YOU IT WAS MORE, IT WAS MORE OF AN AFTERTHOUGHT. I'M, I'M SORRY TO INTERRUPT. UH, YOU KNOW, OUR, OUR CLIENT WAS MORE FOCUSED ON THE BACK. THIS, THIS WAS THROWN IN AT THE LAST MINUTE. AND, YOU KNOW, OBVIOUSLY WE CAN MAKE ANY CHANGES REQUIRED BY THE BOARD. I GOTTA TELL YOU, I'M MORE CONCERNED ABOUT WHAT YOU'RE DOING IN THE FRONT THAN WHAT YOU'RE DOING IN THE BACK AT THE MOMENT. OKAY. RIGHT. OKAY. UM, YOU KNOW, 'CAUSE IF THAT'S A STEEP GRADE, WALTER IS CORRECT, I, YOU KNOW, I'D BE WORRIED ABOUT RUNOFF RIGHT INTO THE STREET UNLESS, UNLESS THERE'S SOME KIND OF, UH, CATCH BASIN AT THE END OF THAT DRIVEWAY. OKAY. WELL, UM, SO HOPEFULLY EASE YOUR CONCERNS REGARDING THE, UM, THE RUNOFF. UM, WE HAVE DESIGNED IN THE BACK, THERE'S, UM, THE, UM, THE WET PONDS, UM, TO TAKE ALL THE RUNOFF, UH, INCLUDING THE FRONT. SO I MEAN, IF, UH, IT DOESN'T MATTER. IT SHOULDN'T MATTER IF, UH, WE HAVE RUNOFF FROM THE FRONT, BUT WE'RE CAPTURED EVERYTHING, UH, INTO THE BACK, INCLUDING THE, UH, THE IMPERVIOUS SURFACE FROM THE FRONT. DOES THAT MAKE SENSE, MIKE? MIKE? NO, IT, MIKE, I'M NOT AN ENGINEER, AS YOU KNOW. OKAY. . OKAY. PROBLEM. AND IT WAS A LOUSY SOCCER DEBT. DAD, DAD, WHEN, WHEN, WHEN WE PLAYED AGAINST EACH OTHER. UM, BUT, UM, SERIOUSLY, I, IT'S NOT GONNA CATCH THE RUNOFF DOWN THAT DRIVEWAY UNLESS IT, THERE'S A, SOME KIND OF, IT'S SO MY CONCERN, NO, BUT IT DOESN'T HAVE TO YOU, AS LONG AS WE CAPTURE THE RUNOFF FROM THE SITE, UM, THAT'S ALL THAT THE, UM, THE NEW YORK STATE D E C REQUIRES. IT DOESN'T REQUIRE, WE HAVE TO CAPTURE THE FRONT AND THE FRONT, THE REAR AND THE REAR. AS LONG AS WE CAPTURE ALL OF THE WATER FROM THE SITE. AND THAT'S WHAT WE ARE DOING. I KNOW ALL I KNOW WHAT THE LAW SAYS AND IF, AND I, FOR YEARS, I, I'VE SAID THAT I'M VERY CONCERNED ABOUT THE LAW. 'CAUSE YEAH, IF YOU NET HAVE A NET, I LOVE WHAT YOU DID IN THE BACK, BY THE WAY. I THINK IT'S BEAUTIFUL. OKAY. I'M REALLY FOCUSED ON THE FRONT. OKAY. I, I THINK IT'S GREAT. AND THE, AND THE FRONT, HOWEVER, I DON'T WORRY JUST ABOUT THE NET RUNOFF ON, ON A PIECE OF PROPERTY, BECAUSE YOU CAN DO THAT AND THEN BE DIRECTING WATER IN ONE DIRECTION, STILL HAVE A NET RUN NEGATIVE RUNOFF AND STILL CAUSE A FLOODING PROBLEM ACROSS THE STREET OR NEXT DOOR BY WHERE IT'S GOING. AND I, I, I HONESTLY BELIEVE, AND YOU KNOW, WE'VE GOT CAREER AS AN ENGINEER ON OUR BOARD HERE, WHO CAN TELL YOU THE EVEN MORE ABOUT THIS. THAT YOU NEED SOME KIND OF CATCH BASE. AND AT THE END OF END OF THAT, TO CAPTURE THE WATER COMING DOWN THAT, THAT DRIVEWAY, IT'S A BIG DRIVEWAY. UH, YEAH. YEAH. ACTUALLY IT'S NOT THAT BIG, BUT, YEAH, I UNDERSTAND. I, I AGREE WITH YOU. I DO AGREE WITH YOU. I AGREE WITH YOUR CONCEPT. I UNDERSTAND YOUR CONCEPT. UM, WE WERE JUST GOING BY WHAT THE, UH, NEW STATE D E C LAW REQUIRES. OKAY. OR ALLOWS, HAVING SAID THAT, WHAT IS YOUR POSITION ABOUT PUTTING IN A CATCH BASIN AT THE END OF THE DRIVEWAY? WELL, THE CATCH BASIN, UM, 'CAUSE IF WE PUT A BASIN IN, NOW WE GOTTA PIPE IT DOWN THE ROAD SOMEPLACE. CORRECT. I'M EVEN SURE. I'D HAVE TO CHECK TO SEE WHERE THE, WHERE THE CLOSEST BASIN IS. UM, THAT TENDS TO GET A LITTLE EXPENSIVE, MR. CHAIRMAN. [01:30:01] UM, AND I THINK THAT'S AN EXPENSE THAT I DON'T KNOW IF THE, UH, THE, THE OWNER, UM, IS EXPECTING OR WOULD, WOULD PREFER. I WOULD IMAGINE HE PREFER NOT TO DO THAT. UH, BUT WE CAN SPEAK TO HIM TO SEE WHAT HIS, UM, HIS FEELINGS ARE. YEAH. MIKE, DIDN'T, DIDN'T YOU SAY, MIKE, DIDN'T YOU SAY, CORRECT ME IF I'M WRONG. MAY I MISHEARD YOU? OKAY. DIDN'T YOU SAY ALREADY THAT YOU, YOU WERE PLANNING TO TAKE ALL THE WATER EVEN FROM THE FRONT OF THE PROPERTY? YES. UH, AND PIPE IT TO THE BACK. SO WHY COULDN'T YOU CONNECT THAT DRAIN IN THE, AT THE BOTTOM OF A DRIVEWAY TO WHATEVER SYSTEM IS BEING PIPING ALL, ALL THE WATER TO THE BACK? UM, BECAUSE I'M, I'M BUCKING GREAT. I'M, I'M GONNA BE LOWER THAN WHERE I HAVE TO GET THE WATER TO IN THE BACK. UM, UH, I'M A PIPE GRADIENT WITH THE, WITH THE WATER. I UNDERSTAND IF, BUT I'M TALKING ABOUT A PIPE TALKING. SO A PIPE COULD BE UNDERGROUND, SO THE GRADE COULD, WOULD NOT BE AN ISSUE. IT COULD BURY THE PIPE. SO, SO IT'S, YEAH. I, BUT IT, IT STILL HAS TO BE, I HAVE TO GET PITCH FROM THE FRONT TO THE BACK, CORRECT? YEAH, I WOULD THINK SO. OKAY. OR, OR, OR DO A CULT, SOME KIND OF CULTEC UP THERE AT LEAST. RIGHT? I MEAN, WE COULD LOOK AT DOING A COLD TECH UP, UP IN THE FRONT, OR, UH, SOMETHING IN THE FRONT. WE CAN LOOK AT THAT. OKAY. LET, LET US SPEAK WITH THE, UM, WITH THE OWNER. BUT I, I THINK THAT'S A REALLY, A NON-ISSUE. I MEAN, EITHER WAY. UM, HE'S A VERY AMENABLE, UH, GENTLEMAN. UM, I MEAN, SO I, I THINK HE'LL, HE'LL PROBABLY GO FOR THAT. OKAY. GOOD. THAT YOU TAKE A LOOK AT THAT BECAUSE IT, IT IS A CONCERN AND, AND HAS HUGE SAID. THAT'S ABSOLUTELY, YOU'RE CORRECT IN THAT YOU, UH, THE NET HAS TO BE, IS THE, IS WHAT THE LAW, UH, LOOK LIKE. BUT YOU COULD HAVE ALL THAT WATER COMING OUT IN ONE SPOT AND STILL YES. FLOODING YOUR NEIGHBOR. ONE OTHER AL MIKE, ONE OTHER ALTERNATIVE I, THAT YOU MAY WANNA LOOK IN WOULD BE, WHAT IF YOU PUT PERMEABLE PAVERS ON THAT, ON THAT DRIVEWAY, SO AT LEAST SLOW IT, SLOW DOWN. BUT WE COULD, UM, WE COULD PUT PERMEABLE PAVERS AS WELL, RIGHT? THAT, THAT MAY, THAT MAY DO THE SAME THING. THAT MAY DO IT A LOT CHEAPER. THAT'S WHAT I'M SAYING. YEAH. OR A PERVIOUS ASPHALT, YOU KNOW. YEAH. I THINK THAT'S A GOOD SUGGESTION. YEAH. ALRIGHT. WELL DEFINITELY ADVISEMENT, HUGH. GOOD. GOOD. THANK, GOOD THANKING. THANK YOU. OKAY. OKAY. OKAY. UH, THE, ON THE, UM, ANY, YEAH, LET'S SEE. THE, LET'S SEE. THE MAIN, MAIN HOUSE TOO. YEAH. OKAY. COULD WE THEN NOW FOCUS BACK ON THE, THE, UH, THE MAIN PROJECT AND, AND, AND ANY COMMENTS THAT BOARD MEMBERS MIGHT HAVE IN TERMS OF THE WORK THAT'S BEING DONE? UH, ON THE HOUSE ITSELF? WELL, THE HOUSE ITSELF, THE, WE'RE DOING WITH THE HOUSE ITSELF IS, WE'RE EXTENDING A LITTLE BIT OF THE BASEMENT. UM, AND ACTUALLY, UM, UM, WHERE, WHERE ARE YOU, UH, LUI? TAKE IT. UH, YES. SO, LIKE I WAS SAYING BEFORE, WE'RE, WE'RE ADDING TO THE BASEMENT THE, UH, ADDITION TO THE BASEMENT, WHICH ALLOWS A, AGAIN, A BETTER FLOW TO, TO THE OUTDOORS. UM, PORTION OF THESE BASEMENTS WILL HAVE DOORS DIRECTLY ONTO THE, UH, POOL DECK. SO ACTUALLY DIRECTLY FROM THE BASEMENT ADDITION, WE'LL HAVE A WOOD DECK STEPS THAT BRING US DOWN TO THE LOWER LEVEL TO PULL AREA. SO WE HAVE STAIRCASE ON EITHER SIDE, ONE'S HERE, THE OTHER ONE IS HERE. SO AS YOU COME OUT OF THE BASEMENT, YOU HAVE THIS WOOD DECK BRINGS IT DOWN TO THIS, UH, PULL DECK AREA. UM, WHAT'S THE DECK ADDITION THERE TO THE LEFT? I'M SORRY. TO THE RIGHT OF THE BASEMENT ADDITION. WHAT LEVEL IS THAT AT? THIS ONE OF YOU? NO, TO THE RIGHT. THE CROSS HATCH. THAT SECTION. YEAH. THIS, THIS IS ELEVATED. THIS IS AT THE, UH, FIRST FLOOR LEVEL CROSS SECTION. OH, I'M SORRY. SHOW 'EM ON THE SECTION. THIS THE CROSS HATCH AREA HERE. IS THAT RIGHT? THAT'D BE GOOD. SO YOU HAVE A DECK ABOVE THE BASEMENT, ADDITION UP TOP, AND IT CONTIN, UH, I'M SORRY, CONTINUES OVER THAT CORNER CON. THE, THE ADDITION IS THE HIGHLIGHTING THE GRAY AREA HERE. THIS IS THE ADDITION FROM THE BASEMENT. THE CROSS EDGE AREA IS A WOOD DECK ACCESSIBLE FROM THE FIRST FLOOR. UH, TOM, I THINK THERE IS ANOTHER DIAGRAM, A CROSS SECTION THAT SHOW ALL THE ELEVATION. YES. THAT MIGHT BE HELPFUL IF YOU SHOW THAT DIAGRAM. THANK YOU, MR. SIMON. YES. OKAY. THIS IS, OKAY. SO THIS HERE, THIS IS THE POOL DECK, THE POOL AREA. I'LL BRING US UP TO THE FIRST LEVEL, A LEVEL WITH THE BASEMENT ADDITION. THIS IS THAT [01:35:01] DECK THAT WE, UM, THAT YOU MENTIONED. THE CROSS, THE, THE CROSS EDGE. THE FIRST FLOOR. OH, THE FIRST FLOOR. THE FIRST FLOOR. CORRECT. THIS IS THE OTHER WOOD DECK THAT I MENTIONED THAT BRINGS YOU DOWN TO THE POOL AREA. SO AGAIN, GOING BACK TO THE, UH, FLOOR PLAN, THIS PORTION HERE IS FROM THE FIRST FLOOR. SO WHAT'S UNDERNEATH THE DECK? UNDER THIS SPACE? YEAH, UNDERNEATH THE DECK. ADDITION GRASS, GRASS, AIR. OH, OKAY. SO, AND AGAIN, THIS IS THE ADDITION TO THE BASEMENT. SORRY ABOUT THAT. WILL BRING US TO THIS DECK AREA HERE, THE 506 SQUARE FEET, WHICH IS MORE JUST, JUST A WALKWAY. SORRY FOR GOING BACK AND FORTH. UM, AND AGAIN, FROM THIS LEVEL, WE'RE, WE'LL GO DOWN TO THE POLE AREA ON BOTH SIDES. STAIRCASE HERE, STAIRCASE HERE. IT'LL BRING US DOWN TO, TO THIS LEVEL HERE, WHICH WILL HAVE THE, UH, SWIMMING POOL, POOL, CABANA, AND LOTS OF, UH, GREEN AREAS. OKAY. ON THIS DIAGRAM, IT DOES NOT SHOW ANY, UH, LANDSCAPE AROUND THE POOL, BUT IF YOU GO TO THE CUTAWAY, YOU SEE LANDSCAPING. AND SO THAT'S WHAT THREW ME OFF AT, AT FIRST TO TRY TO FIGURE OUT THE LOCATION OF POOL. OKAY. YOU MEAN THIS, UH, LANDSCAPING? YEAH. WHAT IS THAT? LANDSCAPING? WELL, THAT'S, UH, BUT HOW, WHERE IS THAT SHOWN ON YOUR OTHER DIAGRAM? SURE. I'LL BRING IT TO IT. IT'S, UH, IT SHOULD BE IN THE BACKGROUND. IT'S A SECTION. UM, YOU SEE, THIS IS MY SECTION MARK A SO CUTTING A SECTION THROUGH THE POOL, YOU'LL SEE THE LANDSCAPING IN THE BACKGROUND. RIGHT? OH, YOU'RE SEEING THE LANDSCAPE, AND NOT OF THE KAPO, BUT WHAT'S BEHIND IT? THE, THE GREEN. YOU'LL SEE THE GREEN LANDSCAPING. SEE THIS GREEN HERE. OKAY. SO THAT'S WHAT I'M, I'M LOOK, YOU'RE LOOKING AT FROM THAT OTHER DIAGRAM? YES, SIR. OKAY, GOOD. OKAY. THAT'S WHAT, YOU KNOW, IT'S HARD TO FIGURE THAT OUT. LOOKING AT THE, THE CUTAWAY AND YOU SEE, OKAY. THAT EXPLAINS ALL, ALL THE GREEN AIRS ARE ALL IMPERVIOUS SURFACES. MM-HMM. , UM, ON THE PULL DECK AREA. SO GREEN AIR IS WHAT WE'RE TRYING TO CREATE. OKAY. UH, FROM THE PULL DECK AREAS, AS WE CONTINUE DOWN TO, TOWARDS THE BACK OF THE PROPERTY, AGAIN, WE HAVE TWO STAIRCASES. ONE RIGHT HERE, THE OTHER ONE, THE OPPOSITE SIDE, KIND OF SYMMETRICAL IN A WAY. SO THAT'LL BRING US DOWN TO, TO GRADE, WHICH IS ABOUT 12 FEET BELOW THE POOL DECK LEVEL. RIGHT. MORE OR LESS. YES. NOW, WHAT IS THE INFINITY AGE? IT'S AN INFINITY EDGE POOL. OH, OKAY. RIGHT. UH, WHEN WE SAW THE ORIGINAL APPLICATION FOR THIS, THERE WAS A LOT OF DISCUSSION ABOUT THE SIZE, UM, AND LENGTH AND MATERIALS OF THE RETAINING WALLS. I DIDN'T SEE A LOT OF INFORMATION ABOUT IT THIS TIME. I WONDER HOW IT'S CHANGED FROM THE ORIGINAL OF THE, UH, RETAINING WALLS, THE FINISH MATERIAL. WELL, YOU'RE TALKING ABOUT GOING DOWN 12 FOOT TO GRADE, SO THERE MUST BE SOME WALLS INVOLVED. I DIDN'T REALLY SEE A LOT OF DETAIL OTHER THAN THE CROSS SECTION OF THE, UH, CONSTRUCTION OF IT. HOW LONG IS IT? HOW HIGH IS IT? UM, I KNOW WE HAD A LOT OF DISCUSSION ABOUT THAT THE FIRST TIME AROUND. CORRECT. SO, GO AHEAD, MIKE. YOU, YOU CAN SEE IT RIGHT THERE ON THE, ON THE LEFT, RIGHT UNDERNEATH THE DECK. AND THEN THE, UH, THE OTHER TWO, WHICH IS, UH, SMALLER. RIGHT. UH, THAT IS SUPPORTING THE STAIRS. THOSE ARE THE, UM, I, I, I'M NOT SURE WHAT THE OTHER, UH, WALLS WERE. UM, BUT I CAN TELL YOU FOR THIS, UH, PROJECT, UM, THIS IS THE ONLY WALLS THAT ARE ACTUALLY REQUIRED FOR THIS SITE IN THE BACKYARD. I'M NOT SURE WHAT, UH, THE OTHER, UH, ARCHITECT, OR I'M SORRY, THE OTHER ENGINEER DID. WELL, THE POOL ITSELF IS RISING OUT OF GRADE, CORRECT? UH, YES. IT'S ABOVE GRADE. IT'LL, IT'S ABOVE GRADE, BUT IT IN THAT SECTION, BUT IT WON'T BE ABOVE GRADE, OBVIOUSLY. YOU KNOW WHAT I MEAN? OBVIOUSLY, IT'S, IT'S GONNA BE LEVELED OFF AND FILLED IN. IT'S NOT OBVIOUS. I WOULDN'T BE ASKING THE QUESTION. SO WHAT'S THE NEIGHBOR GONNA SEE IS MY QUESTION. WHEN HE'S LOOKING OVER, IS HE SEEING A 12 FOOT WALL? YOU KNOW, HE'LL SEE A WALL AND WALLS SLOPING IN TOWARDS THE HOUSE, OR ARE YOU GRADING IT UP? OR HE'LL ONLY SEE THE WALL FROM, YOU SEE WHERE THE GRADE LINE IS, THE EXISTING GRADE. THIS IS THE EXISTING GRADE LINE. THIS LINE, YEAH. [01:40:01] FROM THAT POINT UP TO THE TOP WHERE YOU, THE BUSHES ARE, THAT'S WHAT HE'LL SEE. OKAY. SO THAT FINISH UP THAT EXPOSED WALL AT THE END, IT'S, IT'S JUST STONED. RIGHT. UH, UH, LUIGI, IT WILL BE STONED, A STONE, A STONE VENEER FINISHED ON THE, ON THE RETAINING WALL. BUT MOSTLY THE, THE BACK AREA WILL BE THE MOST VISIBLE PART OF THE WALLS. WHERE THE STAIRS ARE IS EVERYTHING HERE. AS YOU CAN SEE, THE GRADE JUST SLOPES DOWN. SO YOUR HIGHER POINT HERE AND SLOWLY, GRADUALLY SLOPES DOWN. UM, AND THESE WALLS, AT MINIMUM, THE MOST THEY'RE GONNA BE SHOWN IS TOWARDS, TOWARDS THE BOTTOM, TOWARDS THE STAIRCASE. SO YES, THE NEIGHBOR OR ON THE RED HAND SIDE WILL, WE'LL BE LOOKING AT A SMALL PORTION OF THAT WALL. HOW TALL IS THAT WALL? AND THIS SECTION HERE IS 12 FEET IN THE BACK? NO, THE BACK ON THE SIDE. BOTH SIDES. ON THE, ON THE SIDE. IT VARIES FROM, UM, 365, I'M SORRY, 360 8 OF THE WALL. 365, BOTTOM 3 79. UM, TALKING ABOUT 10 FOOT DIFFERENCE. ABOUT A 10 FOOT DIFFERENCE FROM TOP TO TO BOTTOM. YEAH. SO WHAT, WHAT FINISHES THAT NEIGHBOR IS GONNA LOOK AT? IT WILL BE A VENEER, A STORE VENEER. STORE VENEER. OKAY. AND WE'LL GET INTO ALL THE DETAILS WITH THE BUILDING APARTMENT FOR ALL THE FINISHES. OKAY. AND WHY UP? YEAH. IF YOU CAN MENTION ON THE SITE PLAN WOULD BE HELPFUL. YEAH. I'M SORRY. APPROVED. YEAH, YOU JUST, YOU WANT, YOU WANT A LABELED STONE VENEER WALL? YEAH. SOMETHING LIKE THAT. SO WE KNOW, WELL, TYPICALLY WE ASK FOR, YOU KNOW, WHAT IT, WHAT KIND OF MATERIALS CAN BE MADE OUT OF WHAT IT GENERALLY GONNA, OKAY. UH, I, I HAVE A QUESTION. THERE'S ALSO A, A LANDSCAPING PLAN. AND, UM, WE WOULD WANT THE APPLICANT TO SHOW THAT PERHAPS THERE'S VEGETATION GOING BACK IN BETWEEN THE, THE, UH, EDGE OF THE WALL AND THE PROPERTY LINE. IF THERE'S NOT, PERHAPS THAT'S AN OPTION FOR THE APPLICANT TO CONSIDER AS WELL, TO BREAK UP THE VIEW SHED. UH, I HAVE A QUESTION FROM THE TOP OF THE WALL TO, UH, UH, THE GROUND LEVEL ON THE, UH, EXTERIOR LOOKING EXTERIOR MM-HMM. , UH, TO THE PROPERTY. WHAT IS THE DISTANCE FROM THE TOP OF THE WALL TO THE GROUND LEVEL? UH, IT'S ABOUT 12 FEET. 12 FEET. UH, UM, AND HOW HIGH IS THE WALL, UH, FACING THE RESIDENCE? UH, IT'S ALL ABOUT 12 FEET. MR. SIMON. OKAY. YEAH. THE, THE WALL ITSELF IS 12 FEET, BUT IF YOU ARE STANDING ON YOUR PROPERTY MM-HMM. AT THE WALL, HOW HIGH IS THE WALL AT THAT POINT? FROM GROUND LEVEL? IF YOU ARE ON, IF YOU'RE STANDING ON YOUR OWN PROPERTY? IF I'M THE NEXT DOOR NEIGHBOR STANDING ON MY OWN PROPERTY? NO, NO. YOU ARE STAYING ON, ON YOUR, ON THE APPLICANT'S OWN PROPERTY. OKAY. AND YOU'RE UP AGAINST THE WALL. OKAY. HOW HIGH IS THAT WALL FROM YOUR GROUND LEVEL? UH, 3 75. WHAT'S THE GRADE OVER HERE, LUIGI? UM, 3 57. UH, AGAIN, IT'S ABOUT 12 FEET. THAT, THAT WALL, NO MATTER WHERE YOU ARE, IS ABOUT 12 FEET. OKAY. SO, SO IN TERMS OF SAFETY FOR THE APPLICANT, THAT'S NOT A PROBLEM. OKAY. NOW, HIGH, HIGH. HOW, HOW HIGH IS THE WALL FROM THE GROUND LEVEL FROM YOUR NEIGHBOR? WHAT, HOW HIGH A WAR ARE THEY LOOKING AT? UM, FROM THE NEXT DOOR NEIGHBOR? YEAH. WELL, WHAT I'M, WHAT I'M, WHAT I'M GETTING ABOUT, WHEN WE PUT THESE WALLS UP, WE WANT TO MAKE SURE RIGHT, THAT EITHER THE WALL IS HIGHER THAN WHAT THE 42, UH, INCHES THAT THEY REQUIRE OR ROOFS, UH, FOR SAFETY, OR, OR YOU PUT RIGHT. A FENCE ON TOP OF IT TO GET THAT DONE. OH, OH, OKAY. YEAH, I SEE WHAT YOU'RE SAYING. YEAH, YEAH, YEAH. SO IF, OKAY. UM, YES, THEY WOULD, UM, THEY WOULD NEED TO PUT A FENCING ON TOP OF THIS AS WELL. YES, SIR. OKAY. RIGHT. LOUISE, THERE'S NO, UH, THERE'S NO PARAPET HERE. THIS, UM, UM, WE'LL HAVE A FENCE OVER THE, YOU KNOW, YEAH. FENCE. OKAY. SO, YEAH, I'M SORRY. YES, SIR. OKAY. YOU'RE CORRECT. BUT AARON, AARON ACTUALLY BROUGHT UP A GOOD POINT, UM, WITH LANDSCAPING. SO THE NEIGHBORS, WE HAVE A LANDSCAPING PLAN. I THINK, UH, DAN IS ON THE MEETING. WELL, DAN, I, I THINK HE HAD TO LEAVE 'CAUSE HE, HE WAS, UH, HE HAD TO, HE HAD A TALK AT ANOTHER, UH, UH, MEETING TONIGHT AS WELL. I THINK DAN IS HERE. I'M, I'M RIGHT HERE. YES, OF COURSE HE IS. GO AHEAD, DAN. NO, NOT DAN AND SS. I'M TALKING ABOUT, UH, NO, DAN SHERMAN IS HERE. [01:45:01] DAN I'M HERE TOO. SO I DON'T KNOW. MICHAEL, DO YOU HAVE MY LANDSCAPE PLAN AND YOUR SCROLL? 'CAUSE I CAN SHARE MY SCREEN. UH, YOU CAN SHARE YOUR SCREEN. YOU'RE GONNA HAVE TO SHARE YOUR SCREEN. I DON'T HAVE IT WITH ME. UH OH. SO YOU HAVE TO UNSHARE YOURS. BUT IT'S, UH, LOUIS, YOU GOTTA UNSHARE YOU. IT'S ME. YES. OKAY, THEN IT'S ALL YOU. AND THIS PROJECT DOES SEEM LIKE IT'S BEEN AROUND A LITTLE WHILE. UM, IT'S COMING. IT SEEMS LIKE IT'S A LITTLE WITCHY HERE. LEMME GET MY CHARGER HERE. THIS THING'S GONNA DIE. THE INTERNET SEEMS KIND OF SLOW. AARON, DO YOU HAVE IT? I, I MEAN, I, I'M CLICKING SHARE, BUT IT'S LIKE THE THING'S FROZEN. OH, HERE IT COMES. I DO, I HAVE IT. LET ME SEE IF THIS COMES THROUGH. SELECT THE WINDOW. LOOKS LIKE IT'S COMING THROUGH. OH, YOU CAN SEE THIS? YEAH. IT'S JUST SORT OF THINKING ABOUT IT. OKAY. LET ME GET RID OF THAT. ALL THIS STUFF. I WAS WORKING ON SOME THINGS WHILE WE WERE TALKING. HERE IT IS. LET ME MOVE YOU GUYS OVER HERE. SO, TO ADDRESS THE SCREENING, I DO HAVE, UM, AES UP AT THE TOP END OF THE SITE, IF YOU CAN SEE MY LITTLE HAND ON THERE. SCREENING FROM THE NEIGHBOR TO THE, I THINK THAT'S THE WEST. NO, THAT'S THE NORTH SCREENING. THE WHOLE FILTER APPARATUS. AND THEN AS YOU GO DOWN THE SLOPE, THOSE ARE NORWAY SPRUCES. 'CAUSE I'VE MADE A HEDGE IN AND OUT TO REALLY GROW IN THICK WITH OUR, WITH TO SCREEN THE PROJECTION OF THE BUILDING AND THE, EVEN THOUGH IT'S STONE VENEERED AND IT'S NICE, BUT THERE'S A WHOLE STRING OF OUR, OF NORWAY SPRUCES. AND THEN WHAT'S FURTHER DOWN AROUND THE BACK, IT'S MORE TREES YOU CAN LOOK THROUGH, LIKE CANOPY TREES AS REPLACEMENT FOR THE MITIGATION. UM, ON THE NORTH SIDE, I, I HAVE ANOTHER STRING OF, UM, AES, EMERALD GREEN AES, 11 OF THEM THAT WOULD'VE PRETTY EFFECTIVELY SCREENED THAT EXPOSED PART OF THE STONE WALL. THEN THERE'S A HAWTHORNE TREE, WHICH IS NOT JUST IT, NOT EVERGREEN, BUT, UH, THAT'S WHAT WE HAVE THERE. SO THERE'S A ONE HAWTHORNE TREE AND THEN A WHOLE STRING OF OUR ES. AND ON THE, THAT'S ON THE SOUTH SIDE. AND ON THE NORTH SIDE THERE'S A PRETTY SUFFICIENT STRING OF NORWAY SPRUCE, PLENTY, PLENTY SCREENING FOR OUR NEIGHBORS. AND THE REST OF THE PLANTING PLAN IS THE RAIN GARDENS AND THE MITIGATION FOR THE REMOVAL OF THE SIX TREES. AND, UM, ONE THING I CAN ADD IS THAT I LOVE YOUR NEW, UM, TREE REGULATIONS. I'VE BEEN, THAT EYE TREE THING IS FASCINATING AND I'VE BEEN ADOPTING IT EVEN IN NORTH CASTLE WHERE THEY HAVE NO TREE REPLACEMENT. BELIEVE IT OR NOT, I USE THIS PLAN BECAUSE IT'S REALLY NEAT TO BE ABLE TO EXPLAIN TO THE BOARDS THAT I'M MITIGATING AND, AND SEQUESTERING THE CARBON AND TAKING ON AND INTERCEPTING THE RAINFALL. THEY'RE KIND OF BLOWN AWAY . AND I SAY IT'S GREENBERG'S PLAN . SO ANYWAY, I'VE BEEN USING IT A LOT. I LIKE IT. I LIKE TO GIVE CREDIT TO OUR DEPUTY COMMISSIONER 'CAUSE HE'S A ARBORIST AND HE SPENT A FEW YEARS PUTTING THAT LAW TOGETHER IN THE DOCUMENT TOGETHER. SO ABSOLUTELY OUTSTANDING WORK. I PANICKED A LITTLE BIT ABOUT IT, BUT AARON SAID, CALM DOWN AND JUST FOLLOW THE INSTRUCTIONS AND, UH, AND, UH, YEAH, IT WAS EASY. THEN I HAVE A QUESTION THAT THIS DOESN'T SHOW THE, THE SECOND DRIVEWAY THAT THEY'VE BEEN PROPOSED. I KNOW, I, I, I GUESS I HAVE A PLAN. I HAVE THE CORRECT POOL IN THE HOUSE PLAN, BUT WHEN I SAW THAT EARLIER PRESENTED, I THOUGHT, OH, SO IT WOULD BE THE, THIS IS JUST FOR THE PLANTING AND THE, THE, UH, ENGINEER'S PLAN WOULD HAVE TO TAKE PRECEDENT. I MEAN, I CAN ADD THAT, BUT I DIDN'T HAVE THAT ON MY BASE PLAN. OKAY. SO WOULD THAT REQUIRE SOMEWHAT REMOVAL OF THE TREES? OH NO. THE TREES SLIDE RIGHT DOWN BETWEEN, UH, I DON'T KNOW HOW TO SLIDE THIS THING OVER, BUT THERE WAS NO, THE, THE DRIVEWAY CAN COME RIGHT UP BETWEEN THE TREES AND I THINK THE SLOPE IS A LITTLE UNDER 10% OF THE DRIVEWAY. YEAH. SO THE ONLY THING THAT, OH, THERE, WE BROUGHT UP THAT, UH, OUR ARBORIST WOULD BE LOOKING AT, LOOKING IS IMPACT TO THE CRITICAL ROOT ZONES OF ANY OF THOSE TREES. SO IT SEEMS TO BE THAT THE DRIVEWAY CAN SPLIT BETWEEN, AND THAT'S PART OF THE REASON MAYBE WHY IT'S GOING AT AN ANGLE. THERE ARE SOME SIGNIFICANT OAKS IN THE FRONT YARD OF THAT PROPERTY, IF I RECALL. SO WE'LL JUST HAVE TO MAKE SURE THAT IT COMPLIES WITH, UM, THE CRITICAL ROOT ZONE DISTURBANCE, WHICH SOME IS PERMITTED. IT'S NOT STRICTLY PROHIBITED. UH, SO WE'LL JUST COORDINATE THAT WITH YOU, UM, DAN, AND, AND I THINK IF YOU CAN GET A REVISED BASE PLAN TO WORK OFF OF OR ADD IN THE DRIVEWAY SO THAT WE COULD SEE IT ON YOUR DRAWING, I THINK THAT WOULD BE HELPFUL. RIGHT. YEAH. THAT, THAT WOULD BE A KIND OF SAD THINGS IF YOU HAD TO REMOVE [01:50:01] SUCH A BEAUTIFUL TREES FOR, UH, ADDING A DRIVEWAY THAT WAS A, THAT, THAT SORT OF, UH, ADDITIONAL CONVENIENCE FOR THE APPLICANT. YEAH. UH, ARE THERE ANY OTHER COMMENTS REGARDING THIS, UH, UH, PLAN? UH, I NOTED, UH, UH, THREE FOLLOW UP ACTIONS, UH, FOR THE APPLICANT. AND IF I MISS ANYTHING, I WELCOME ANYONE TO ADD TO THE LIST. UH, THE FIRST ONE I HAVE WAS THE ISSUE OF THE DRIVEWAY. UH, THE WIDTH OF THE DRIVEWAY. UH, UH, WE HAVE TO MAKE SURE IT HAS THE CORRECT WIDTH BECAUSE APPARENTLY, UH, THAT DIAMETER, I THINK WAS 42 FEET. IS, IS, DOESN'T APPEAR TO BE CORRECT. SO THAT HAS TO BE ADDRESSED. THE OTHER ISSUE IS WHAT, UH, YOU'RE GOING TO DO, WHAT HAS TO BE DONE ABOUT, UH, RUNOFF ON, UH, THE DRIVEWAY. SEVERAL THINGS THAT WERE SUGGESTED FROM, UH, UH, UH, PUTTING IN A DRY WELL AT THE, AT THE BASE OF THE DRIVEWAY AND, AND RUNNING THAT FOR RIGHT IN OR PIPING THE WATER BACK INTO THE SYSTEM THAT GOES INTO THE RAIN GARDENS. AND, UH, THE OTHER ONE WAS, UH, UH, UM, PO PAVEMENT, UH, EITHER IN BLOCKS OR IN ASPHALT. SO THESE ARE ALL THE ANSWERS THAT NEED, WE NEED TO GET ANSWERS TO REGARDING THE DRIVEWAY. THE OTHER ONE WAS, UH, UH, UH, A PICTURE OF THE PROPOSED, UH, DIAG, UH, OF THE PROPOSED TYPES OF WALL THAT, UH, YOU'LL BE PLACING, UH, UH, FOR THAT, UH, WALL. AND, UH, AND OH, VENEER, YOU MEAN FOR THE VENEER? YEAH. PICTURE OF THAT VENEER THAT WOULD BE PLACED ON AND, AND THE, AND THE SHOWING OF, UH, UH, WHERE, UH, UH, A, A FENCING WOULD BE, UH, NECESSARY. UH, IT IS THE PREFERENCE, BUT YOU KNOW, WE'RE, WE'RE NOT HERE TO DESIGN YOUR PRODUCT, YOUR PRO PROJECT, BUT IS PREFERENCE THAT YOU HAVE A, UM, A DESIGN TYPE, UH, YOU KNOW, FENCING AS OPPOSED TO, YOU KNOW, UH, SOMETHING THAT ONE WOULD, UH, TRADITIONALLY CARRIED GARAGE AS A WROUGHT IRON FENCE OF NOW IS MADE OUT OF ALUMINUM, BUT THAT TYPE YEAH. UH, CHAIN LINK FENCES. SO THAT'S SOMETHING YOU SHOULD, UH, CONSIDER. AND THE OTHER POINT THAT WE HAVE TO CHECK ON IS THE, UH, THE ROOT SYSTEM OF THOSE TREES THAT'S NEAR THE DRIVEWAY TO MAKE SURE THAT THE, UH, THE, THE DRIVEWAY IS, IS, IS CURVED SUFFICIENT OR THE, THE DESIGN OF THE DRIVEWAY IS, IS, UH, COMPENSATE A, AVOIDS RATHER ANY SIGNIFICANT ROOT DAMAGE TO THE TREES THAT ARE REMAINING. THOSE ARE POINTS I, I, I JOTTED DOWN. DO ANYONE ELSE HAVE ANY ADDITIONAL POINTS TO THAT TO ADD? YEAH, WALTER, I, I KIND OF FORGOT. WHAT ABOUT THE LIGHTING AROUND THE POOL AREAS? LIGHTING AROUND THE POOL AREAS? WELL, THE ADDITION, YEAH, THE, ALL THE ADDITIONS THAT YOU'RE DOING IN THE BACK THAT IT WOULD NOT BE. DO YOU HAVE ANY, ANY EXTERIOR LIGHTING PROPOSED IN CONNECTION? UH, THERE WAS NOT, THERE WAS NOTHING MENTIONED. UH, WE COULD FIND OUT FROM THE HOMEOWNER. YEAH. OKAY. BECAUSE, 'CAUSE YOU KNOW, YOU GOT PATIO SPACE OUT THERE AND A POOL. I IMAGINE, I MEAN, I'M SURE YOU MIGHT HAVE SOMETHING. I MEAN, IT'S A, IT'S AN EXPENSIVE AREA AND HE IS SPENT A LOT OF MONEY ALREADY ON HIS HOUSE. UH, SO I'LL CHECK. ABSOLUTELY. OKAY, SO WHY WALTER? YES, I HAD ONE OTHER, UM, THOUGHT AND QUESTION. I DON'T RECALL SEEING IT IN THE PLANS AND IF, IF IT'S THERE, JUST REFRESH ME. I DON'T RECALL SEEING A VIEW FROM THE BACK OF THE PROPERTY LOOKING TOWARDS THE HOUSE TO GET A SENSE OF, YOU KNOW, THE WALL AND THE STAIRS AND WHAT THAT ALL IS GONNA LOOK LIKE. UM, AND I THINK IT COULD BE USEFUL IF ANYONE ELSE FEELS THE SAME. YEAH, THAT'D BE USEFUL. THAT'D BE SOMETHING LIKE A, LIKE A RENDERING FROM THE REAR OF THE PROPERTY FACING TOWARDS THE IMPROVEMENTS. SOMETHING TO THAT EFFECT. I THINK THERE WAS ONE PROVIDED IN THE FORMER, IN THE FORMER APPLICATION THAT SHOWED, YOU KNOW, THE WALL AND THE POOL AND THE VEGETATION AND THINGS OF THAT NATURE. LUIGI, DO THOSE REGIMENTS? [01:55:02] NOT THE ORIGINAL ONES, NO. BUT I CAN DO, I CAN CERTAINLY ADD IT. YEAH. LUIGI IS THE ARTISTIC, UH, OF THE BUNCH HERE. YEAH. THANKS. SO IF YOU, IF YOU COULD EITHER GO BACK TO THE ORIGINAL INFORMATION OR CREATE A NEW, UH, DIAGRAM FOR US, THAT'LL BE HELPFUL. MONA, YOU HAD A QUESTION? YEAH. I WASN'T AROUND DURING THE ORIGINAL PART OF THIS, UM, PROJECT, BUT HAS THIS HOMEOWNER BEEN IN TOUCH WITH THE NEIGHBORS? IS THERE ANY ISSUES WITH THE NEIGHBORS ON ANY PART OF THIS PROJECT? DO WE KNOW? UH, NOT AS FAR AS I KNOW. UH, MONA, UM, I, I DON'T KNOW. UM, BUT WE'LL CHECK, WE'LL FIND OUT SOON, OBVIOUSLY. YEAH. BE WELL, BETTER TO FIND OUT EARLIER THAN LANE . I AGREE. HUNDRED PERCENT. I, I, I JUST WANNA SAY THAT I THINK THE PROPERTY OWNER TO THE NORTH HAD HIS LOT UNDER CONSTRUCTION. YES. UM, I THINK THAT'S ONE OF THE NEIGHBORING LOTS. SO, YOU KNOW, THEY JUST WENT THROUGH A PROCESS AS WELL. UM, AND THEN WE COULD FIND OUT WITH THE NEIGHBOR FROM THE SOUTH. I DON'T RECALL OFFHAND IF THERE WERE COMMENTS RAISED AT THE ORIGINAL PUBLIC HEARING, BUT STAFF CAN CERTAINLY TAKE A LOOK AT THAT FOR THE BOARD. OKAY. I KNOW WE BROUGHT IT UP THE FIRST TIME AROUND AND I BELIEVE THERE WAS SOME COMMUNICATION BACK. YEAH, I AGREE. OKAY. AND, AND YES, MR. MCGARVEY, WE HAVE FOUND OVER THE YEARS THAT, UH, THE METH, THE MAYOR EXERCISE OF AN APPLICANT SPEAKING TO THE NEIGHBORS AND, UH, AND A LOT OF TIME JUST THAT CONVERSATION RESOLVE ISSUES RATHER THAN COMING TO THE PUBLIC HEARING ABSOLUTELY. AND HEARING THE ISSUE FOR THE FIRST TIME. AND WE HAVE TO EXTEND THE, THE PUBLIC HEARING TO RESOLVE THAT ISSUE. SO AS MUCH OF THOSE TYPES OF QUESTIONS CAN ABSOLUTELY RESOLVE BEFORE YOU GET HERE. IT MAKES IT BETTER FOR EVERYONE. I AGREE A HUNDRED PERCENT, SIR. OKAY. THANK YOU. OKAY. SO WHAT WE WILL DO NOW IS THAT WE HAVE A, UH, UH, UH, A WHOLE LIST OF THINGS THAT WE REQUEST. THEN WHAT YOU CAN DO, I WANT YOU TO COORDINATE, UH, WITH, UH, DEPUTY COMMISSIONER SCHMIDT. AND WHEN YOU HAVE THE, THOSE TYPES OF INFORMATION, THEN WE COULD GO OVER IT AND MOVE FORWARD, UH, WITH YOUR APPLICATION, WHETHER OR NOT AT THAT POINT WE WILL DECIDE WHETHER OR NOT WE NEED TO HAVE ANOTHER WORK SESSION OR IF THE INFORMATION WE GET, WE FEEL IT IS SUFFICIENT TO MOVE TOWARDS, UH, UH, A PUBLIC HEARING. SO WE'RE, SO AS THE EARLIER YOU GET ALL THE INFORMATION INTO AARON, IT'LL BE, UH, IT WILL ENABLE ME TO MAKE THAT DECISION. OKAY. UM, SO YOU'RE SAYING THAT WE'RE LOOKING AT DEFINITELY LOOKING AT ANOTHER NO, NO, NO. I'M NOT SAYING NO. I SAID WE HAVE A LIST OF INFORMATION THAT WE REQUIRE. RIGHT. IF YOU GIVE ALL THAT INFORMATION TO AARON YEP. AND I FEEL THAT AT THAT POINT, OKAY. SUFFICIENTLY ANSWERED ALL THE QUESTION, THEN I WOULD CONSIDER PUBLIC HEARING. IF I FEEL THAT THERE'S STILL A LOT OF ISSUES THAT ARE F UNRESOLVED, THEN I WILL PUT IT BACK IN THE WORK SESSION. SO A LOT HAS TO DO WITH WHAT YOU DO. VERY GOOD. UNDERSTOOD, SIR. THANK YOU. I APPRECIATE YOUR TIME. OKAY. AND BOARD, I APPRECIATE YOUR TIME. UM, AND I'D LIKE TO THANK AARON SCHMIDT AS WELL. HE IS VERY, UM, HE'S VERY, UM, ACCOMMODATING. UM, HE'S AN EXCELLENT DEPUTY. YEAH. THANK YOU ALL VERY MUCH. WE APPRECIATE EVERYTHING YOU GUYS. THANKS FOR THE WARM COMMENTS ABOUT ME, MR. MCGARRY . OH, LISTEN, DAVID FRIED IS DAVID FREELY. HE'S A KING. DOESN'T GET BETTER THAN DAVID. QUIET THE WHOLE MEETING. MY, I KNOW YOU'VE BEEN VERY QUIET. I'M SURPRISED. USUALLY YOU THROW IN THESE LITTLE, UH, DIGS AT ME. HE'S INTIMIDATED BY YOU, MIKE. THAT'S WHAT IT'S YOU. THANK YOU VERY MUCH, SIR. GOOD SEEING YOU. BE SAFE, MIKE. YOU AS WELL. THANK YOU. THANK YOU EVERYONE. UH, UH, THE NEXT THING ON THAT AGENDA IS THE REFERRAL FROM THE TOWN BOARD PB 2104. I JUST WANT TO GO OVER HOW I WISH TO PROCEED ON THIS. UH, UH, THE BATTERY STORAGE, UH, LAW, WHICH YOU SAW IS, UH, IT'S SEVERAL PAGES, UH, THICK, AND THERE IS A, A SUMMARY. WHAT I WOULD LIKE TO DO TONIGHT IS FOR GARRETT TO GO OVER THE SUMMARY AND GIVE US A GOOD FEEL OF THE LAW. SEEING HOW WE ON, YOU ONLY GOT THE LAW ON FRIDAY. I DON'T KNOW HOW MANY BOARD MEMBERS HAD THE OPPORTUNITY TO THOROUGHLY READ THE LAW. SO I W WOULD THINK THAT WHAT [02:00:01] WOULD, SO WHAT I WANT TO DO IS GO THROUGH SUMMARY, GIVE A GOOD BASIC UNDERSTANDING OF WHAT'S IN THE LAW, THEN GIVE THE, AND WE DON'T SPEND TOO MUCH TIME IN GOING INTO THE DETAILS OF THE LAW, BUT THEN SPEND THE NEXT TWO WEEKS FOR BOARD MEMBERS TO REALLY, BASED UPON THAT SUMMARY, THAT AARON, NOT AARON, THAT, THAT GARRETT WILL GIVE US. THEN READ THE LAW AND THEN PREPARE QUESTIONS. AND THEN OUR NEXT MEETING, WE WILL HAVE A FULL DISCUSSION. WE'LL, YOU KNOW, I'LL SPEND A CONSIDERABLE AMOUNT OF TIME AT THE, AT THE NEXT, UH, PLANNING BOARD MEETING FOR MEMBERS TO REALLY ANSWER AND, UH, TO QUESTION ALL THE DETAILS OF THE LAW. NOW, IF IN THE NEXT TWO WEEKS IN READING THE LAW, YOU COME UP WITH QUESTIONS AND I SAY, DON'T WAIT TILL THAT MEETING. SHOOT THE QUESTIONS TO AARON. I MEAN, I KEEP ON SAYING, AARON GARRETT, SHOOT THE QUESTIONS TO GARRETT. AND THEN I WOULD ASK GARRETT TO ANSWER THE QUESTION AND COPY THE ENTIRE BOARD. SO AT THE MEETING, WE DON'T ASK THE SAME QUESTION AGAIN, IF IT WAS THAT. SO GIVE GARRETT THE QUESTION, AND I WANT GARRETT TO GIVE THE ANSWER TO EVERYONE. SO I THINK THIS WILL ENABLE US TO HAVE A GOOD SOLID INFORMATION BACKGROUND. SO WE'LL BE ABLE TO HAVE GOOD PRODUCTIVE MEETINGS AT NEXT WEEK. AND HOPEFULLY IF WE'RE ABLE TO DO THAT, WE'LL BE IN A POSITION TO GIVE A RECOMMENDATION BECAUSE WE WOULD HAVE BEEN FULLY INFORMED. AGAIN, IF AT THE END OF THAT SESSION, DO WE FEEL THAT WE NEED MORE TIME, THEN OF COURSE WE'LL TAKE MORE TIME. BUT IF WE COULD DO THIS IN A PRODUCTIVE WAY AND COME TO A GOOD DECISION AT THE NEXT BOARD, AT THE NEXT BOARD MEETING, I THINK THAT WOULD BE PERFECT. WITH THAT SAID, GARRETT, THE FLOOR IS YOURS. THANK YOU VERY MUCH. GOOD EVENING CHAIRPERSON SIMON AND PLANNING BOARD MEMBERS. THANK YOU FOR THE OPPORTUNITY TO PRESENT A BATTERY ENERGY STORAGE SYSTEM, DRAFT LOCAL LAW, WHICH ALSO INCLUDES MODIFICATIONS TO THE UTILITY PORTION OF THE ZONING ORDINANCE IN THE ONE FAMILY RESIDENCE. DISTRICTS GOING TO GIVE YOU AN OVERVIEW OF THE LAW AND THE PROCESS LEADING TO ITS FORMATION, AND I'M AVAILABLE TO ANSWER YOUR QUESTIONS. I KNOW THE PLANNING BOARD MEMBERS CLOSELY REVIEWED THE NORWOOD COUNTRY CLUB PROPOSAL AND MADE SITE VISITS TO A FEW SMALLER BEST SITES IN THE TOWN. SO YOU'VE DEVELOPED SOME KNOWLEDGE BASE ON THIS TECHNOLOGY PRIOR TO REVIEWING THE DRAFT LOCAL LAW, WHICH IS CERTAINLY HELPFUL. OKAY, SO I WORKED DIRECTLY WITH THE TOWN BOARD APPOINTED BATTERY ENERGY STORAGE LOCAL LAW COMMITTEE COMPRISED OF RESIDENTS, WHICH ALSO INCLUDED PLANNING BOARD AND C A C MEMBERS. CONSERVATION ADV ADVISORY COUNCIL MEMBERS. SINCE THE FORMATION OF THE COMMITTEE LATE JANUARY OF THIS YEAR, COMMITTEE MET A ONCE, MET ONCE WEEKLY FOR A TOTAL OF 11 TIMES. COLLECTIVELY, IT WAS RECOGNIZED THAT BATTERY STORAGE HAS BEEN IDENTIFIED BY NEW YORK STATE AS AN IMPORTANT ENERGY INFRASTRUCTURE COMPONENT. AS ENERGY DEMAND CONTINUALLY INCREASES PLACING STRESS ON THE EXISTING ELECTRICAL GRID WITH PLANNED RELIANCE ON POWER FROM FOSSIL FUELS DECREASING OVER TIME, BESS IS BEING PROMOTED WITH SIGNIFICANT INFRASTRUCTURE FUNDING FROM NEW YORK STATE TO THE TUNE OF OVER $350 MILLION. AND AS A RESULT, PROPOSALS FOR THESE SYSTEMS WILL BE PREVALENT IN THE TOWN OF GREENBURG AND OTHER NEW YORK STATE MUNICIPALITIES. A LOT OF SOURCES WERE REVIEWED THAT WHICH CONTRIBUTED TO THE LOCAL DRAFT LAW. I'D LIKE TO GIVE YOU A FLAVOR OF, OF, OF ALL THE EFFORT AND, UH, TIME SPENT BY, UH, STAFF AND, UH, THE COMMITTEE. SO WE REVIEWED QUESTIONS AND CONCERNS RECEIVED FROM RESIDENTS REGARDING BES. WHEN I SAY BEST, THAT'S THE ACRONYM FOR BATTERY ENERGY STORAGE SYSTEM. THERE WERE INTERVIEWS AND QUESTION AND ANSWER WITH REPRESENTATIVES OF AUP EN ENGINEERING, WHO'S CONTRACTED AS THE TOWN SAFETY ENGINEER ASSOCIATED WITH THE LOCAL LAW REVIEW OF THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY TEMPLATE, BEST LOCAL LAW AND GUIDEBOOK, AN INTERVIEW OF A REPRESENTATIVE FROM NYSERDA, AN INTERVIEW WITH A REPRESENTATIVE FROM CON EDISON'S ENERGY OF THE FUTURE DIVISION REVIEW OF VARI VARIOUS BEST SITES EXISTING AND APPROVED IN NEW YORK STATE. AN INTERVIEW WITH THE ARDSLEY SCHOOL DISTRICT FACILITIES MANAGER REGARDING THEIR EXPERIENCE WITH A BEST [02:05:01] PROPOSAL ON THEIR SCHOOL CAMPUS MEETING WITH AND DISCUSSING VARIOUS SAFETY ASPECTS OF BEST FACILITIES WITH ARUP, THE CONSULTANT, AN INTERVIEW AND Q AND A WITH BEST INDUSTRY DEVELOPERS, AND CONDUCTING INDEPENDENT REVIEW OF NUMEROUS OTHER BEST DOCUMENTATIONS REVIEW OF RELEVANT PORTIONS OF THE TOWN OF GREENBERG COMPREHENSIVE PLAN AND COMPREHENSIVE REVIEW AND DISCUSSION OF ALL THESE DOCUMENTS BY THE BEST COMMITTEE. A GUIDING PRINCIPLE OF THE COMMITTEE IS AS FOLLOWS, THERE IS A NEED TO PLACE SAFETY CONSIDERATIONS AND COMMUNITY CHARACTER AT THE FOREFRONT OF PLANNING WHEN CONSIDERING LAND USE AND ZONING CONSIDERATIONS FOR BEST, WHILE RECOGNIZING LOCAL AND REGIONAL SUSTAINABILITY AND ENERGY RESILIENCY GOALS. THE TOWN OF GREENBURG IS UNIQUE FROM A BEST PERSPECTIVE. THERE EXISTS MILES OF CON EDISON DISTRIBUTION LINES, THE LINES THAT GO IN FRONT OF ALL OF OUR HOUSES, TWO CON EDISON SUBSTATIONS AND TWO CON EDISON TRANSMISSION LINES ACROSS THE UNINCORPORATED AREA OF THE TOWN'S 18 SQUARE MILES. WHILE THIS VARIOUS EXISTING CON EDISON INFRASTRUCTURE COULD FACILITATE MASSIVE NUMBERS OF BEST SITES OF VARYING SCALES THROUGHOUT THE TOWN, THE LOCAL LAW HAS BEEN DRAFTED TO, TO DO THE FOLLOWING. ENSURE COMPREHENSIVE AND STRINGENT STANDARDS FROM A SAFETY PERSPECTIVE ALLOW FOR VERY LIMITED APPLICABILITY IN THE ONE FAMILY RESIDENCE DISTRICTS ALLOW FOR SMALL SCALE INSTALLATIONS IN THE TOWN'S MIXED USE CORRIDORS AND NON-RESIDENTIAL ZONING DISTRICTS, AND FACILITATE INSTALLATIONS THAT WILL NOT BE HEARD OR SEEN FROM SENSITIVE VIEW SHEDS, NAMELY EXISTING RESIDENTIAL USES. WHILE A CONSERVATIVE APPROACH HAS BEEN TAKEN WITH RESPECT TO THE LOCAL LAW AND RELATED POTENTIAL BEST DEVELOPMENT IN THE TOWN, THE LAW DOES RECOGNIZE THE UNIQUE INFRASTRUCTURE THAT EXISTS AND WOULD PROVIDE FOR SOME BEST DEVELOPMENT IN THE TOWN, WHICH WOULD ALIGN WITH NEW YORK STATE'S OVERALL GOAL OF 1,500 MEGAWATTS BY 2025 AND 3000 MEGAWATTS OF STORAGE BY 2030. UTILIZING THE NYSERDA LOCAL LAW TEMPLATE IS A GUIDE AND FACTORING IN THE INFORMATION COLLECTED AS PART OF THE PROCESS. THE DRAFT CONTAINS THE FOLLOWING, WHICH CONSTITUTE AN OUTLINE OF THE BEST LAW. THERE ARE THREE TIERS OR CATEGORIES OF BEST. THE FIRST IS KNOWN AS TIER ONE, AND IT INCLUDES THOSE SMALL SCALE SYSTEMS THAT MANY TOWN RESIDENTS HAVE ALREADY INSTALLED IN THEIR HOMES. THE BEST POWER PACK INSTALLED IN ONE FAMILY RESIDENTIAL HOMES IS AN EXAMPLE. TIER ONE SYSTEMS ARE THOSE THAT HAVE AN AN AGGREGATE ENERGY STORAGE CAPACITY LESS THAN OR EQUAL TO 75 KILOWATT HOURS. THE PROCESS FOR THESE SYSTEMS IN THE LOCAL LAW IS NO DIFFERENT THAN WHAT CURRENTLY EXISTS. IT'S AN ADMINISTRATIVE PROCESS REQUIRING A BUILDING PERMIT AND ANY OTHER APPLICABLE PERMIT PERMITS. THE NEXT TIER IS KNOWN AS TIER TWO. TIER TWO BEST SYSTEMS HAVE AN AGGREGATE ENERGY STORAGE CAPACITY LESS THAN OR EQUAL TO 2,400 KILOWATT HOURS. I BELIEVE DISPLAYED ON THE SCREEN IS AN, IS AN EXAMPLE OF A SYSTEM THAT IS SLIGHTLY SMALLER THAN THIS SIZE. AT 2,380 KILOWATT HOURS, THESE SYSTEMS WOULD BE SUBJECT TO A SPECIAL PERMIT AND SITE PLAN PROCESS SITES WITH A MINIMUM OF ALMOST TWO ACRES OR 80,000 SQUARE FEET IN THE TOWNS. COMMERCIALLY AND MIXED USE ZONED RES DISTRICTS WOULD BE ELIGIBLE TO APPLY FOR A BEST NOT TO EXCEED THIS SIZE 2,400 KILOWATT HOURS. THIS MINIMUM SIZE WAS SELECTED AS THESE SITES CONTAIN LARGER FOOTPRINTS WITH GREATER FLEXIBILITY TO MEET THE 100 FOOT PROPERTY LINE SETBACK. THESE TYPES OF LARGER SITES, YOU'D WANT TO THINK SITES LIKE CROSSROAD SHOPPING CENTER, WESTCHESTER SQUARE SHOPPING CENTER HAVE LARGER ENERGY DEMANDS AND ARE MORE LIKELY TO BE RETROFITTED WITH ELECTRIC VEHICLE CHARGING STATIONS. THE MINIMUM SITE SIZE REQUIREMENT CREATES A LIMITED POOL OF SITES IN THE CA, D SS U R AND OTHER MIXED USE DISTRICTS, WHICH HAVE BEEN MAPPED BY TOWN STAFF AND IDENTIFIED BY APPLICABLE FIRE DISTRICT. WHILE THE SITES IN THESE DISTRICTS COULD FCI LIKELY FACILITATE MUCH LARGER BEST SYSTEMS FROM A NEIGHBORHOOD CHARACTER PERSPECTIVE, THE SMALLER SYSTEM THAT 2,400 KILOWATT MAX SIZE WAS DEEMED IMPORTANT AND CARRIES THROUGH IN THE LAW. TIER TWO SYSTEMS IN THE GI LI PD AND P E D DISTRICTS ARE ALSO SUBJECT TO A SPECIAL PERMIT AND SITE PLAN PROCESS. BUT DUE TO THEIR GENERAL LACK OF PROXIMITY TO ONE FAMILY RESIDENCES CAN BE UP TO 4,800 KILOWATT SYSTEMS. THERE'S ALSO AN ADDITIONAL, UH, SETBACK REQUIREMENT TO ONE FAMILY RESIDENCES. IF THE SIZE WOULD GO UP TO THAT 4,800 KILOWATT SYSTEM, TIER TWO BATTERY SYSTEMS WOULD HAVE LIMITED APPLICABILITY IN THE ONE FAMILY RESIDENCE DISTRICTS. THESE SYSTEMS NOT TO EXCEED 2,400 KILOWATT HOUR SYSTEMS WOULD [02:10:01] BE SUBJECT TO A SPECIAL PERMIT AND SITE PLAN PROCESS AND ONLY BE ELIGIBLE ON SITES THAT ARE AT LEAST FIVE ACRES IN SIZE. AGAIN, THIS IS THE ONE FAMILY RESIDENCE DISTRICTS AND CONTAIN AN EXISTING APPROVED SITES THAT CONTAIN AN EXISTING APPROVED MUNICIPAL BUILDING GOVERNMENT USE, BUILDING OF RELIGIOUS WORSHIP, PRIVATE SCHOOL, HOSPITAL, HOSPITAL ASSISTED LIVING FACILITY, CONTINUING CARE RETIREMENT COMMUNITY, OR C C F. ALL TIER TWO SYSTEMS, REGARDLESS OF SIZE, WOULD BE SCREENED FROM VIEW AND WOULD BE REQUIRED TO BE AT LEAST 100 FEET FROM ALL PROPERTY LINES. NOW, FROM A SAFETY PERSPECTIVE, I'D LIKE TO HIGHLIGHT SEVERAL ASPECTS OF THE DRAFT LAW AS COMPARED TO THE NYSERDA LAW, WHICH WAS THE TEMPLATE THAT WAS DISTRIBUTED TO PRETTY MUCH ALL LOCAL GOVERNMENTS IN THE STATE. SO NYSERDA RECOMMENDED DEFAULTING TO THE UNDERLYING SETBACKS OF THE APPLICABLE ZONING DISTRICTS FOR BEST SETBACKS, WHICH CAN RANGE FROM AS LOW AS 50 FEET OR LESS IN THE TOWN'S, NON-RESIDENTIAL DISTRICTS. THE DRAFT LOCAL LAW BEFORE YOU SETS THE MINIMUM SETBACK AS 100 FEET, NYSERDA RECOMMENDS A MINIMUM OF 10 FEET SEPARATION FROM EXISTING BUILDINGS. THE DRAFT LOCAL LAW SETS THE MINIMUM SETBACK AS A HUNDRED, WHICH CAN BE REDUCED, BUT ONLY IF THE HAZARD MITIGATION ANALYSIS IDENTIFIES THAT SAFE CONDITIONS EXIST. NYSERDA DOES NOT HAVE A REFERENCE, DOES NOT REFERENCE A TRAFFIC SAFETY CIRCULATION PLAN, BUT THIS REQUIREMENT HAS BEEN ESTABLISHED AND IS A PART OF THE LOCAL LAW. HERE IN THE TOWN OF GREENBURG. NYSERDA CONTAINS A MAXIMUM SIZE ALLOWANCE PROVISIONS, OR I'M, I'M SORRY, NYSERDA DOES NOT CONTAIN MAXIMUM SIZE ALLOWANCE PROVISIONS, BUT THE LOCAL LAW ALLOWS FOR A MAXIMUM OF 2,400 KILOWATT HOURS OR 4,800 KILOWATT HOURS AS PREVIOUSLY DESCRIBED BASED ON THE TOWN'S USE OF A PROFESSIONAL CONSULTANT THAT ADVISED THE COMMITTEE. THE LOCAL LAW ADDITIONALLY CITES THE N F P A 8 55 STANDARD FOR THE INSTALLATION OF STATIONARY ENERGY STORAGE SYSTEMS HAS A REQUIREMENT FOR APPLICANT FUNDED INDEPENDENT ENGINEER REVIEW, AND REQUIRES APPLICANT'S APPLICATIONS TO INCLUDE A COPY OF THE UL 95 40 LISTING AND REQUIRES ADDITIONAL INFORMATION ON SYSTEM MONITORING. THE ADEQUACY OF THE SAFETY PROTECTION IS REQUIRED TO BE CERTIFIED AND UPDATED ANNUALLY. SO THESE ARE ALL OVER AND ABOVE WHAT NYSERDA RECOMMENDED. AS NOTED PRIOR, THE TOWN IS UNIQUE IN THAT IT CONTAINS TWO EXISTING CONED SUBSTATIONS. ONE IS LOCATED IN THE VILLAGE OF ELMSFORD ON ROUTE ONE 19 TARRYTOWN ROAD, AND THE OTHER IS LOCATED IN THE TERRYTOWN PO LOCATED ADJACENT TO THE SAWMILL RIVER PARKWAY, SOUTH OF THE OLD SAWMILL RIVER ROAD. THERE'S DISPLAYED ON THE SCREEN WITH THE DOTS RECOGNIZING THE IMPORTANCE OF THE POTENTIAL FOR A BEST CONNECTION FROM THESE SITES, BUT SIMILARLY PLACING SAFETY AND NEIGHBORHOOD CHARACTER AT THE FOREFRONT OF PLANNING THE LOCAL, AS THE LOCAL LAW ASSOCIATED WITH SUBSTATIONS IS AS FOLLOWS, A MAXIMUM OF ONE TIER THREE BESTS NOT TO EXCEED 80 MEGAWATT HOURS WOULD BE ABLE TO BE INSTALLED PER SUBSTATION FOR A MAXIMUM OF TWO TOTAL IN THE TOWN IF APPROVED VIA THE SPECIAL PERMIT AND SITE PLAN PROCESS. SOME OF THE SPECIAL PERMIT CONDITIONS ARE THAT THE HOST SITE MUST BE WITHIN 3000 LINEAR FEET OF THE SUBSTATION AND BE ON A AT LEAST 25 ACRES ON A SITE OF AT LEAST 25 ACRES IF CONTAINING AN EXISTING USE TO REMAIN, OR 10 ACRES IF PROPOSED ON A STANDALONE SUBDIVIDED LOT. THESE LIMITING CRITERIA GREATLY REDUCE THE POOL OF AVAILABLE SITES TO ONE PRIVATE RECREATION SITE, ONE INSTITUTIONAL USE SITE, AND A FEW INDUSTRIAL RESEARCH AND DEVELOPMENT SITES. AN ADDITIONAL 500 FOOT SETBACK FROM THE NEAREST ONE FAMILY RESIDENTIAL STRUCTURE IS ALSO REQUIRED, AND THAT'S NOT, UH, A PART OF THE NYS CERTA LOCAL LAW. THIS WAS CUSTOMIZED TO MEET THE NEEDS OF THE TOWN OF GREENBURG PROVISIONS, IDENTIFYING A PREFERENCE FOR UNDERGROUND LINES AND A MINIMIZATION OF TREE REMOVALS ARE ALSO A PART OF THE LAW. I'D LIKE TO NOTE THAT SYSTEMS EQUAL TO OR EXCEEDING 80 MEGAWATT HOURS ARE EXPRESSLY PROHIBITED IN THE LAW WITH RESPECT TO THE COMPREHENSIVE PLAN, AND PARTICULARLY REGARDING UTILITIES. THE COMPREHENSIVE PLAN IDENTIFIED THAT NO ZONING TEXT AMENDMENTS ARE RECOMMENDED OTHER THAN AS MAY BE NEEDED TO ADDRESS ADVANCES IN TECHNOLOGY. I BELIEVE THAT THE APPROACH OF THE LOCAL LAW, WHICH PLACES SAFETY CONSIDERATIONS AND NEIGHBORHOOD CHARACTER AS THE PRIMARY ASPECTS OF THE LAW IS WELL BALANCED WITH THE TOWN'S OVERALL COMMITMENT TO ENVIRONMENTAL SUSTAINABILITY, WHICH IS ALSO A MAJOR COMPONENT OF THE COMPREHENSIVE PLAN. WHAT I'D LIKE TO DO NOW IS JUST, UH, BRIEFLY CONCLUDE WITH THE COMPONENT. AND AARON, I'M GOING TO, UH, YEAH, IF YOU COULD DO THAT. THANK YOU. I'M GOING TO SHARE ONE FINAL [02:15:01] ASPECT OF THE LOCAL LAW AND, AND WALK YOU THROUGH THAT, AND THEN, UH, I'M HAPPY TO, UH, HEAR FROM THE PLANNING BOARD. OKAY. SO AS I MENTIONED, THE, THE, THE PRIMARY THRUST OF THE LOCAL LAW IS, IS, IS WITH REGARD TO THE, TO THE BEST. UM, BUT I DID NOTE THAT THE LOCAL LAW CONTAINS A PROVISION WHERE THERE WAS TO BE A PROPOSAL TO UPDATE, UH, SECTION 2 85 DASH 10 A FOUR B PUBLIC UTILITY STRUCTURES, AND I HAVE THAT DISPLAYED FOR YOU TO SEE. UM, OKAY, SO THE PUBLIC UTILITY STRUCTURES, WHICH OF COURSE THE BOARD'S FAMILIAR WITH AS A RESULT OF THE NOEL WOOD PROPOSAL, UM, HAS CERTAIN EXCLUSIONS. AND WITH THE FORMATION OF THE BATTERY ENERGY STORAGE LAW, IT WAS FELT, UH, NECESSARY TO MAKE IT VERY CLEAR THAT THE BATTERY ENERGY STORAGE SYSTEMS ARE, UH, EXPRESSLY ENABLED BY SPECIAL PERMIT THROUGH THIS NEW SECTION. UH, AND ALSO WE, WE ESSENTIALLY DID SOME CLEANUP OF THE SECTION, BUT ALSO IMPORTANTLY, UH, SOLAR FARMS IN WIND, WIND FARMS WERE EXCLUDED FROM THIS PUBLIC UTILITY STRUCTURE. AND, UH, THE REASON FOR THAT IS NOT THAT THOSE USES ARE, UM, BAD OR NUISANCES, BUT REALLY THEY, THEY, THEY NEED TO BE SUBJECT TO THEIR OWN LOCAL, LOCAL LAW THAT, UH, DOES A LOT OF THE THINGS THAT WE JUST DISCUSSED IN TERMS OF, UH, TAKING INTO CONSIDERATION COMMUNITY CHARACTER AND OVERALL GOALS OF THE TOWN AND REGIONALLY AND LOCALLY AND, AND REALLY FACTORING IN THE COMP COMPREHENSIVE PLAN. SO, UM, I THINK WHAT I WOULD SAY IS, UH, A NEXT STEP WILL, WILL ABSOLUTELY BE TO CONSIDER, UH, WHAT TYPE OF LEGISLATION WOULD BE, UH, A POSITIVE STEP FOR THE TOWN TO TAKE WITH REGARD TO SOLAR AND WIND FARMS. BUT, UM, THAT EXCLUSION IS NOW PLACED SO THAT THERE'S AN APPLICATION SO THAT IT COULD PRE PREEMPT AN APPLICATION THAT, UM, MIGHT NOT MAKE SENSE IN CERTAIN AREAS IN THE ONE FAMILY DIS RESIDENCE DISTRICT. SO, UH, I THANK YOU FOR YOUR TIME, AND I KNOW THAT THERE ARE TWO, UH, PLANNING BOARD MEMBERS ON THE COMMITTEE, UM, WHO, WHO MAY WANNA SPEAK TO THEIR EXPERIENCE ON THE COMMITTEE, BUT, UH, I KNOW SUPER, UM, CHAIRMAN SIMON, YOU HAD INDICATED THAT, YOU KNOW, DEFINITELY CORRAL QUESTIONS AND PUT THEM IN WRITING, AND WE CAN TALK ABOUT THEM AGAIN IN ANOTHER, ANOTHER MEETING, WHICH I, I, I APPRECIATE THAT, AND I THINK THAT'S HELPFUL. BUT, UM, I, I, I DO WANNA NOTE THAT I, I'M CERTAINLY AVAILABLE IF THERE'S SOME, UH, MORE BASIC QUESTIONS, UM, THAT REALLY DON'T GET TOO, TOO, TOO FAR INTO THE WEEDS. UM, BUT I'M HERE TO ANSWER ANY QUESTIONS YOU HAVE. WELL, GOOD. AND, AND, AND, AND I THINK THANK YOU FOR THAT PRESENTATION, AND THAT IS A GOOD, UH, LEAD IN FOR THE PLANNING BOARD MEMBERS TO REALLY DIG INTO THIS LAW. AND I, AND I AGREE IF WE COULD, UH, WE HAD THE TIME RIGHT NOW TO ASK ANY ADDITIONAL QUESTIONS, UH, UH, UH, ABOUT THIS. ONE OF THE THINGS I THINK WE NEED TO TAKE NOTE IS, UH, THE, IN THE DE DEFINITION OF, UH, SINGLE FAMILY RESIDENTIAL ZONES, WHEN YOU SAY THAT DEFINITION, PEOPLE, A LOT OF PEOPLE ASSUME ONLY HOMES ALLOWED IN THAT DISTRICT, BUT UNDER THAT ZONING REGULATION, HOUSES OF WORSHIP, UH, UH, INCLUDED, UH, PUBLIC, UH, UH, MUNICIPAL BUILDINGS ARE, ARE INCLUDED. UM, HOUSE OF WORSHIP, MUNICIPAL BUILDINGS, UH, UH, CCFS, C ASSISTED LIVING FACILITIES, ASSISTED LIVING, THESE ARE ALL FAC UH, SCHOOLS. THESE ARE ALL FACILIT PRIVATE SCHOOLS. PRIVATE SCHOOLS MM-HMM. THAT ARE INCLUDED IN A SINGLE FAMILY RESIDENTIAL ZONE. SO WHEN WE THINK OF A SINGLE FAMILY RESIDENTIAL ZONE, YOU HAVE TO INCLUDE THESE FACILITIES AND, AND THAT WAS TAKEN INTO ACCOUNT OF THOSE EXISTING FACILITIES IF THEY WANT TO GO INTO BATTERY STORAGE. SO I JUST WANNA MAKE THAT POINT BECAUSE, UH, UH, SOME PEOPLE THINK THAT, UH, UH, SINGLE FAMILY RESIDENCE IS LIMITED. JUST TO THAT, I, I WANNA MAKE A POINT, POINT OF ORDER JUST FOR A SECOND, MR. CHAIRMAN, UM, MICHAEL GOLDEN, UH, HAD FORWARDED TO US AN ARTICLE THAT WAS IN THE SUNDAY NEW YORK TIMES ABOUT A, UH, A FIRE DISTRICT, A FIRE DEPARTMENT, UH, FIGHTING A FIRE ON A TESLA, ON A TESLA CAR. UM, I WANT TO PUT HIS LETTER, UH, INTO THE PUBLIC RECORD, AND I WOULD ALSO LIKE TO PUT MY RESPONSE TO HIS LETTER INTO THE PUBLIC RECORD, IF YOU DON'T MIND. OKAY. ARE THERE ANY, UH, UH, OTHER COMMENTS REGARDING I'D LIKE TO JUST MAKE, [02:20:01] AND ONE, I'M SORRY. AND ONE OF THE COMMENTS THAT, UH, UH, UH, GARRETT ALLUDED TO THAT, UH, UH, UH, UH, THIS HAS COME ABOUT, UH, UH, BECAUSE OF THE PUBLIC OF THE CURRENT APPLICATION THAT WE, IT, IT RAISED THE ISSUE THAT A, A LAW IS NEEDED. AND, AND SO THAT IS ONE OF THE THINGS THAT CAME OUT OF THIS WHOLE PROCESS, IS A RECOGNITION BY THE TOWN THAT WE NEED A, A, A LAW THAT IS SPECIFIC TO THIS NEW TYPE OF TECHNOLOGY, AND THAT THE TOWN IS NOT, WE ARE NOT OPPOSED TO IT, BUT WE FEEL THAT THEY SHOULD BE A LAW THAT, LIKE THE ONE THAT WAS DRAFTED, THAT WILL TAKE EVERYTHING INTO CONSIDERATION THE, THE NEIGHBORHOODS THAT IT GO INTO, THE SIZE OF THE APP OF THE PARTICULAR FACILITY. SO, UH, AND, AND THAT WAS THE PURPOSE OF, OF THIS LAW. SO, YEAH, I JUST, YEAH, UH, UH, IS, IS THIS, HOW DOES THIS LAW, IT WOULD BE RETROACTIVELY AFFECTED TO THE APPLICATION THAT WE HAD BEFORE? I CAN ANSWER THAT, WALTER, IF YOU WANT. YOU'RE TALKING ABOUT, ABOUT THE, ABOUT THE ELMWOOD A APPLICATION, CORRECT? WE DON'T, THE ANSWER DEPENDS ON WHAT HAPPENS WITH THE APPEAL OF THE ZONING BOARD. UM, AND UNTIL THAT IS DONE, IF, IF INDEED, UM, THE ZONING BOARD UPHOLDS OUR APPEAL, THEY CAN REAPPLY UNDER THIS LAW. OKAY. UM, I BELIEVE THAT THIS LAW IS WRITTEN IN A WAY THAT THEY COULD COMPLY WITH THE PARAMETERS OF THIS LAW AND, AND BUILD THE FACILITY AT, AT NORWOOD. THAT'S MY BELIEF. YEAH. KNOWING THE PLAN, AND, UM, THAT'S NUMBER ONE, IF INDEED, UM, THEY WIN THE APPEAL. IT IS ALSO POSSIBLE THAT THE PARAMETERS, AND I WOULD HOPE THE PARAMETERS THAT WE HAVE LAID OUT FOR THOSE TYPES OF FACILITIES IN THIS LAW, THE BEST, BEST, UH, COMMITTEE AND GARRETT WHO, WHO ACTUALLY PENNED THE FI THE FINAL DOCUMENT THAT WE LAID OUT VERY SPECIFICALLY THE LAW WOULD BE ADOPTED EVEN IN THE CASE OF THEM TRYING, UH, ALLOW BEING ALLOWED TO PROCEED UNDER THE CURRENT CODE. BECAUSE THE CURRENT CODE, UH, THE CURRENT CODE, IT CLEARLY WAS NOT DESIGNED TO, TO DEAL WITH BATTERY STORAGE FACILITIES. IT WAS WRITTEN IN 1997. OKAY. SO IT WAS NO WAY IT WAS DESIGNED TO DEAL WITH THEM. WHAT IT SAYS IN THERE IN GENERAL IS IT GIVES THE, UH, TOWN BOARD A LOT OF DISCRETION IN TERMS OF GRANTING A SPECIAL PERMIT AS TO WHAT THE PARAMETERS ARE. SO IF INDEED, UH, OUR APPEAL IS TURNED DOWN BY THE, BY THE ZONING BOARD, UM, I WOULD STRONGLY RECOMMEND TO THE TOWN BOARD THAT THEY ADOPT THE PARAMETERS, UH, THAT WE, WE HAVE IN THIS NEW LAW AS A CONDITION, EVEN IF IT'S UNDER THE CURRENT LAW. YEAH. I HOPE THAT ANSWERS YOUR QUESTION AND, AND AND FURTHER, DAVID, DAVID, DAVID, IS THIS, UH, THIS WOULD NOT TRIGGER A, UH, UH, SORT OF A LEGAL CHALLENGE TO WHAT HAS ALREADY BEEN? WELL, WE, I'M NOT GONNA, I'M NOT GONNA, WE CAN'T, I'M NOT GONNA ADDRESS ANY LEGAL MATTERS UNLESS IT'S BEEN YEAH. WE'RE, THE LEGAL DEPARTMENT IS AWARE OF, OF THE, UH, LEGISLATION. OKAY. AND, AND, AND, AND, AND, UH, AND I THINK THIS LEGISLATION, THE WAY IT IS DRAFTED, BECAUSE ALL ALONG WE'VE BEEN THE POSITION OF THE PLANNING BOARD THAT IF YOU ARE GOING TO PUT A FACILITY, UH, LIKE THE ONE THAT'S BEING PROPOSED IN THAT PARTICULAR SITE, THAT PARTICULAR SITE IS SORT OF UNIQUE. AND SO IT IS POSSIBLE TO WORK OUT THE PROPER, UH, LEGISLATION TO, UH, FACILITATE THAT PROPERTY. THE PROBLEM IS, IS THAT UNDER THE SPECIAL PERMIT LAW, IF YOU DON'T HAVE CLEAR, UH, UH, UM, UH, A CLEAR STANDARDS, THEN SOMEONE ELSE COULD DO IT AT A SITE THAT IS NOT AS, UH, UH, CONDUCIVE OR COMPATIBLE WITH A BEST FACILITY, THEN YOU COULD SORT OF PUT IT EVERYWHERE. MEAN, YOU KNOW, WE HAVE A FACILITY THAT'S IN SORT OF A GULLY. WE HAVE HOUSE, WE HAVE A ROAD TO SEPARATE, YOU HAVE THOUSAND, BUT TRY TO FIND ANOTHER FACILITY THAT IS SIMILAR TO [02:25:01] THAT IN THE TOWN, BUT UNDER THE SPECIAL PERMIT, SOMEONE COULD DO IT IN A LESS ATTRACTIVE FACILITY. SO WHAT WE, UH, UH, I THINK THE GOAL ALL ALONE, I, I, I THINK RATHER THAN FO HUH? SO, I, I, WHAT I WAS GONNA SAY, WALTER, WALTER, WHAT I WAS, WHAT I WAS GOING TO SAY IS I THINK WE NEED TO FOCUS ON THE NEW LAW. YES. NOT ON, ON, ON LAW. OKAY. BUT WHAT I WANNA SAY ABOUT THE NEW LAW, SOMETHING VERY, VERY IMPORTANT, COR UM, NO, I LIKE IT. I, I LIKE IT. IT'S NOT A QUESTION ABOUT THE NEW OH, NO, NO. LET ME UNDER, LET ME SAY SOMETHING THOUGH. IT'S VERY IMPORTANT. I THINK WHAT WE'VE TRIED TO DO IS HAVE A BALANCE IN THIS LAW AND TRY TO IMAGINE HOW TO DEAL WITH THESE THINGS. BECAUSE UNFORTUNATELY, YOU KNOW, WE GAVE A NEUTRAL RECOMMENDATION ON, ON NOLI FOR A REASON, AND THAT WE REALLY DON'T TOTALLY UNDERSTAND, AND WE STILL DON'T, EVEN WITH ALL THESE EXPERTS, THE IMPACT FROM A FIRE SAFETY POINT OF VIEW, WHICH IS WHAT MICHAEL WAS BRINGING UP WHEN HE, WHEN HE FORWARDED THAT THING, UH, HIS, HIS LETTER, AND RIGHTLY SO. UM, SO WHAT WE TRY TO DO IS MITIGATE THAT TO THE BEST OF OUR ABILITY. WE'VE GONE BEYOND IN, IN THE LAW THAT'S BEING RECOMMENDED WAY BEYOND WHAT NASDA RECOMMENDED. I CAN TELL YOU THAT. OKAY. THERE'S A LOT OF DISCUSSION ABOUT THAT. AND PROBABLY THE MOST IMPORTANT THING WE DID WAS LIMIT THESE LARGE FACILITIES. ANYTHING OVER, WHAT'S IT, WHAT'S IT, 600, UH, KILOWATT MEGAWATTS. IT'S A KILOWATTS, RIGHT? SO, UH, ON THE TIER TWO, WHICH ARE DESTINED FOR COMMERCIAL SITES AT THE CA DISTRICT, THE OFFICE BUILDING PARKS, IT'S, IT'S KNOWN AS 2,400 KILOWATT HOURS. UM, OKAY. RIGHT. SO THAT'S, AARON HAD THE GRAPHIC UP THERE, , THAT'S STORAGE. THAT'S STORAGE. YEAH. AND THAT'S STORAGE. THAT GIVES YOU A SENSE OF SCALE OF, OF, YOU KNOW, SO YOU'RE REALLY TALKING ABOUT SOMETHING WITHIN A 20 FOOT BY 40 FOOT FOOTPRINT, UH, FENCED IN AREA. IT'S SIMILAR, SIMILAR TO THE ONE THAT'S ON ONE 19 NOW. YES. BUT WHAT'S IMPORTANT IS WE'VE LIMITED THESE LARGE ONES FOR TWO REASONS. ONE, WE REALLY DON'T UNDERSTAND THE IMPACT OF THIS, AND, AND IF WE'RE WRONG ABOUT THE IMPACT, IT COULD CREATE A DISASTER. OKAY. IT, THERE HAVE BEEN A COUPLE EXAMPLES WHERE THAT'S HAPPENED, BUT TWO, WE ARE NOT A RURAL AREA WITH LOT LARGE SWATHS OF OPEN LAND, WHERE IF THERE IS A PROBLEM, WE CAN BE FAR ENOUGH AWAY FROM IT, EXCEPT IN A FEW AREAS. SO WE DID TWO THINGS. ONE IS WE PUT IN THE MINIMUM 10 ACRE OR REQUIREMENT, UH, AND THE 500 FOOT BUFFER. AND TWO, WE'VE LIMITED TO ONLY TWO, TWO FACILITIES. SO ANYTHING BE BEYOND THOSE TWO FACILITIES, ONE BEING POTENTIALLY NORWOOD OR THE SCHOOL FOR THE DEAF, EITHER OR. OKAY. AND DOWN THERE, UM, BEYOND THOSE TWO POTENTIAL. THE OTHER ONE WOULD BE BY REGENERON IS OUR BEST BET IS THE ONLY OTHER PLACE IT COULD GO. UM, THE ONLY THING THAT COULD BE BUILT ARE THESE SMALLER ONES, AS WE HAVE ON ONE 19. OKAY. WHICH HAVE, WHICH WE BELIEVE HAVE A LOT LESS OF AN IMPACT. AND WE WERE EVEN CAREFUL THERE TO PUT THE SETBACKS A LOT FURTHER AWAY THAN WHAT WAS, WAS ACTUALLY PROPOSED BY THE, UH, BY NYSERDA. SO I THINK WE'VE BEEN VERY CONSERVATIVE IN TERMS OF THOSE, IN TERMS OF THOSE TWO THINGS IN THIS LAW. AND THIRD, IT ACTUALLY MEMORIALIZES SOMETHING THAT ISN'T MEMORIALIZED NOW, WHICH IS ALLOWING PEOPLE TO HAVE HOME UNITS WITH A PERMIT, BUT NONE OF THAT'S MEMORIALIZED RIGHT NOW. AND SO WE PUT THAT ALL INTO A LAW, UM, COMMON SENSE LAW OF A SCHOOL MAY WANNA DO THIS TO HAVE A BACKUP, BACKUP, UH, POWER IN THE SCHOOL. THE OTHER THING YOU SHOULD JUST OF NOTE, AND THIS WAS A DISCUSSION IN THE BATTERY STORAGE, WAS WE DON'T CARE IF IT'S FRONT BE BEHIND THE METER OR IN FRONT OF THE METER. IN OTHER WORDS, WE DON'T CARE IF IT GOES BACK AND SHARES ELECTRICITY ON, ON THE TRANSMISSION LINE. 'CAUSE AT THE END OF THE DAY, IT HAS ZERO IMPACT FROM A SEEKER POINT OF VIEW. ZERO. OKAY. IN FACT, IF IT, AND AT SOME POINT WHEN, AND IF WE ACTUALLY GET TO, TO FIGURE OUT HOW WE DO SOLAR PANELS, IT'S QUITE LIKELY THAT THESE THINGS WILL FEED BACK INTO THE SYSTEM, WHICH IS A GOOD THING. OTHER POINTS, YEAH. COUPLE, JUST, JUST TO SORT OF, UM, BUILD ON THAT A LITTLE BIT, UH, ON THE GRAPHIC ON THE SCREEN, YOU HAVE THE TWO, UM, RED LINES, WHICH ARE THE TRANSMISSION LINES THAT EXIST AND, AND RUN NORTH SOUTH THROUGHOUT THE TOWN. AND THERE IS THE CAPACITY TO HOOK UP, UM, YOU KNOW, MORE THAN 80 MEGAWATT HOUR SYSTEM, [02:30:01] UH, ON THE ORDER OF, OF FIVE TIMES THAT SIZE. SO FIGURE UP TO FIVE TIMES THE SIZE OF WHAT'S PROPOSED AT NORWOOD. AND THERE IS THAT, THAT POTENTIAL TO CONNECT A FACILITY LIKE THAT IF THE RIGHT INFRASTRUCTURE WAS INVESTED BY A COMPANY. UM, AND OUR UNDERSTANDING IS THAT COULD BE DONE AT REALLY SOME JUNCTURES HERE, AND IT'S, IT CAN BE DONE ALONG THESE LINES. SO YES, THERE'S THE SPACE, BUT WE MADE THE CONSCIOUS DECISION. UM, AND I DON'T THINK IT WAS A HARD DECISION, BUT, YOU KNOW, OUTTA RESPECT FOR COMMUNITY CHARACTER, YOU KNOW, IT WAS QUITE OBVIOUS THAT, YOU KNOW, SPURS OFF OF HERE FOR A, YOU KNOW, 200 MEGAWATT HOUR SYSTEM, YOU KNOW, FOUR ACRES OF CABINETS, UM, JUST FLAT OUT, YOU KNOW, JUST IS NOT THE RIGHT FIT FOR, FOR THE TOWN OF GREENBURG. UM, THERE MAY BE SOME AREAS IN THE STATE WHERE THAT'S RIGHT, BUT JUST BECAUSE THE INFRASTRUCTURE IS THERE AND ALLOWS FOR THE CONNECTION DIDN'T MEAN THAT, UM, IT MADE IT INTO THE LOCAL LAW TO ENABLE THAT. UM, SO I JUST WANTED TO MAKE THAT POINT. AND, UM, WE, WE SCALED IT, WE SCALED IT TO THE CHARACTER OF THE TOWN IS WHAT, WHAT WHAT WE DID, AND IS THE LAW PERFECT. NO, AND I REALLY HOPE ALL OF YOU GUYS GO THROUGH IT VERY, VERY CAREFULLY. I THINK, FIRST OF ALL, I THINK I WANT TO THANK ERIC, FIRST OF ALL, FOR DOING A GREAT JOB OF LEADING THE TEAM. UM, I ALSO WANNA THANK THE TEAM, WHICH WASN'T ALL, YOU KNOW, AGREEMENT FROM THE BEGINNING, THAT'S FOR SURE. UM, AND, UM, SO IT WAS A VERY GOOD GROUP THAT WORKED TOGETHER AT A MIXED GROUPS. I WANNA THANK EVERYBODY. AND PEOPLE WORKED REALLY HARD. I MEAN, WE HAD 11 MEETINGS. YEAH. OKAY. SO PEOPLE, AND THERE WERE LOTS OF COMMENTS IN BETWEEN AS WE HAD A, A CHAT THING GOING ON, ON TOP OF IT. SO IT'S, IT WAS A LOT OF WORK, BUT I STILL DON'T THINK THE LAWS, YOU KNOW, PROBABLY STILL NEEDS TO BE LOOKED AT BY PEOPLE LIKE YOURSELVES WHO ARE SMART AND WEREN'T INVOLVED IN DEVELOPING IT AND LOOKING AT IT FROM, YOU KNOW, ANOTHER VIEW. AND AS I SAID, YOU KNOW, WHEN I LOOK AT IT, AND AS I SAID TO THE TOWN BOARD WHEN AFTER GARRETT PRESENTED IT, MY BIGGEST CONCERN IS TO MAKE SURE THAT, UM, WE'VE DONE ENOUGH IN THERE TO MAKE SURE THAT THE FIRE DISTRICTS ARE PREPARED SHOULD SOMETHING HAPPEN. YEAH. OKAY. WE'VE DONE A LOT IN THERE. AND, UH, THE LAW IS TALKING ABOUT 8 55, IF YOU FOLLOW 8 55 DOES A LOT MORE, TALKS AN AWFUL LOT ABOUT TRAINING IN 8 55. YEAH. UM, AND THAT'S VERY, VERY IMPORTANT. BUT STILL, YOU KNOW, WE, WE ALL, WE'VE HAD PROBLEMS, ISSUES A LOT OF TIMES WITH THE INCONSISTENCY OF FIRE DISTRICTS IN OUR TOWN. THEY'RE ALL MEANING WELL, BUT THEY ALL HAVE DIFFERENT STANDARDS. AND ALREADY EVEN WITH THIS, WE HAVE, YOU KNOW, ELMSFORD FIRE DISTRICTS IS, OH, I, I'M, I'M FINE WITH A 20 MEGA, YOU KNOW, THIS, THIS 80 MEGA MEGA A MEGAWATT HOURS FACILITY. AND THEN WE HAVE A GREENVILLE FIRE DISTRICT SAY, OH MY GOD, YOU DON'T KNOW WHAT YOU'RE GETTING YOURSELF INTO. SO WE NEED TO TRY TO SMOOTH THOSE OUT AND TRY TO STANDARDIZE THINGS ACROSS, I THINK FIRE DISTRICTS THAT, THAT'S MY BIGGEST CONCERN AT THIS POINT. YEAH. AND, AND, AND, AND, YOU KNOW, AND WHEN WE GO THROUGH AND I SHARE THAT CONCERN, AND WHEN WE GO THROUGH THIS WHOLE, UH, REVIEW, YOU KNOW, THAT MIGHT BE PART OF, UH, ONE OF OUR RECOMMENDATIONS, UH, THAT AN EFFORT BE MADE TO SOMEHOW, UH, GET THESE FIRE DEPARTMENTS TO, UH, COORDINATE WITH ONE ANOTHER. UH, AS YOU KNOW, THAT THE FIRE DEPARTMENT IS NOT, UH, CONTROLLED BY THE TOWN BOARD. SO IT ISN'T SOMETHING THAT THE TOWN BOARD COULD JUST LEGISLATE, BUT THE, BUT THE TOWN, YOU KNOW, THAT COULD BE PART OF OUR RE UH, RECOMMENDATION THAT THE TOWN BOARD MAKES SOME SORT OF, UH, EFFORT A MEETING WITH ALL OF THE, UH, PARTICIPATING FIRE DEPARTMENTS AND SEE IF THEY COULD COME UP WITH SOME SORT OF COMMON STRATEGY TO ADDRESS THIS. BECAUSE, YOU KNOW, I AGREE. IT'S VERY IMPORTANT. DAVID, WE UNMUTE. UM, YEAH. UH, JUST, YOU KNOW, UH, FOLLOWING UP ON, SO ON THE, THE FIRE DISTRICTS, AND BASED ON WHAT, UH, MR. SCHWARTZ SAID, I'M JUST GONNA ASK, UM, I BELIEVE THE ARTICLE THAT MR. SCHWARTZ, I HAVEN'T SEEN IT, BUT FROM WHAT HE DESCRIBED, I BELIEVED THAT HE'S REFERRING TO THE FACT THAT THERE WAS, UM, AN ACCIDENT WITH A TESLA VEHICLE, AND IT TOOK THE FIRE DEPARTMENT FOUR HOURS TO, UM, GET THAT FIRE, UH, TO HAVE CONTROL OF THE FIRE. UM, I'D ASK, BECAUSE I DON'T THINK IT'S BEEN PASSED AROUND TO THE BOARD THAT IT DOES, THAT YOU, UH, DO PASS EVERYTHING AROUND THE [02:35:01] BOARD, UH, AS, SO THEN EVERYONE CAN SEE IT. BUT I ALSO WANTED TO, UM, JUST ON THE, ON THIS RECORD, MAKE REFERENCE TO THE FACT, UH, THAT IT SEEMED LIKE IT TOOK FOUR HOURS, WHICH WAS A, UH, TRE YOU KNOW, A TREMENDOUS AMOUNT OF TIME TO TAKE A FIRE OUT. THIS IS A CAR. OKAY. CAR FIRES NEVER TAKE FOUR HOURS. SO, UH, THE CONCERN, THE CONCERNS ABOUT FIRE SAFETY ARE VERY MUCH LEGITIMATE AND APPRECIATE THE FACT THAT, UH, THE COMMITTEE, UH, THAT PUT TOGETHER, UH, THIS, UH, LOOKED AT THIS VERY CAREFULLY AND VERY CLOSELY. LET, LET ME JUST, UH, JUST EXPAND ON WHAT DAVE SAID FOR A SECOND. THERE ARE ACTUALLY TWO ISSUES, THREE ISSUES. THE TIME WAS ONE ISSUE. THE SECOND OF ISSUE ISSUE WAS THEY USED 34,000 GALLONS OF WATER. YES. FOR ONE BATTERY, NOT A FIELD FOR ONE BATTERY. AND THE THIRD POINT WAS THAT THEY TRIED TO PUT THE FIRE OUT. AND THE FOURTH, THERE'S A FOURTH POINT THAT THEY HAD TO CALL TESLA TO FIGURE OUT WHAT TO DO IF THEY HAD ACTUALLY BEEN TRAINED, WHICH WE ARE REQUIRING UNDER THIS LAW, BY THE WAY. OKAY. THAT THEY, THAT THE, WHOEVER THE DEVELOPERS MAKE SURE THAT THE FIRE DISTRICT INVOLVED IS TRAINED, THEY WOULD'VE KNOWN FROM READING THE TESLA MANUAL, WHICH I THINK WALTER AND I HAVE READ COVER TO COVER TOO MANY TIMES NOW. UM, THAT YOU'RE NOT SUPPOSED TO PUT THESE FIRES OUT. WHAT YOU'RE SUPPOSED TO DO IS KEEP THE, THE BATTERIES COOL TO AVOID AN EXPLOSION. SO THEY, THEY WERE DOING THE WRONG THING AND COULD HAVE GOT, YOU KNOW, IF IT WAS A LARGER FIRE, THEY COULD HAVE BEEN ELECTROCUTED. THEY COULD HAVE BEEN, LOTS OF THINGS COULD HAVE HAPPENED. 'CAUSE YOU WERE ONLY SUPPOSED TO PUT WATER ONTO TO COOL THEM NOT, NOT TO PUT IT OUT, WHICH IS WHY IT SURPRISE, SURPRISE. IT, IT REIGNITED . JUST READ THE MANUAL. THAT'S WHAT HAPPENS. SO ANYHOW, THAT, UH, UH, I DID SEND AN EMAIL TO, UH, UH, GARETH THIS AFTERNOON TO ASK HIM TO REDISTRIBUTE THAT INFORMATION TO, UH, ALL OF THE, UH, THE BOARD MEMBERS. SO YOU HAVE THAT, UH, THAT ARTICLE. IT'S, UH, UH, UH, A WEBSITE CONNECTION, SO YOU COULD HAVE ACCESS TO THAT. UM, WALTER, DO THEY HAVE, DOES THE BOARD ALL HAVE, UH, THE TESLA MANUAL? UH, YES. YOU COULD. YOU COULD, YEAH. UH, YOU COULD GO IN. THAT'S HOW I READ IT. AND YOU COULD CLICK ON, YOU GO ONLINE AND IT'S THE, THE SAFETY MANUAL FOR TESLA IS WORTH READING ALSO. UH, GARRETT, COULD WE GIVE THE BOARD ACCESS TO LIKE 8 55? IS THAT POSSIBLE? YES. SO WHAT I'D LIKE TO DO IS, UM, SHARE MANY OF THE MATERIALS THAT THE COMMITTEE HAD ACCESS TO, WHICH WERE THE Q AND A WITH, UM, YOU KNOW, CON EDISON AS WELL AS AUP AND, UH, N F P A, LIKE YOU INDICATED. SO I DIDN'T WANT . DO WE HAVE RECORDINGS OF THE MEETINGS? I'M SORRY? DO WE HAVE RECORDINGS OF THE BATTERY MEETINGS? YES. EVERY MEETING IS RECORDED. WAS RECORDED. IS THAT SOMETHING YOU THINK WOULD BE HELPFUL? THE MEETING, LIKE WITH AUP AND WITH CONED AND, AND NYSERDA? DO YOU THINK IT WOULD BE HELPFUL FOR THEM? WE, WE WERE, WE WERE, UM, WE, WE PREPARED MINUTES. SO I, I WOULD START THERE. UM, AND THEN IF A BOARD MEMBER HAS, UH, INTEREST BEYOND THAT, OKAY, THEY CAN DELVE, WE CAN GO DIVE DEEPER. BUT, UH, WE, YOU KNOW, WE DID THE Q AND A AND RU'S RESPONSES IN WRITING. UM, WE, WE DOCUMENTED THE, UH, INTERVIEW WITH, WITH THE CON EDISON REPRESENTATIVE. SO WE HAVE A LOT OF GOOD DOCUMENTATION AND, UH, WE'LL MAKE SURE THAT THAT GETS IN YOUR PACKAGE NEXT AS WELL. OKAY, THANK YOU. THAT'S GOOD. PROCESS WISE. ABSOLUTELY. THE LAW IS IN THE HANDS OF EVERY, UH, FIRE DISTRICT IN THE TOWN. UH, NYSERDA HAS IT, CON EDISON HAS IT, EACH SURROUNDING MUNICIPALITY, ADJACENT MUNICIPALITY, UH, HAS THE LAW. UM, THE C A C HAS THE LAW, SO IT'S BEEN DISTRIBUTED OUT IN A COORDINATED SECRET FASHION. SO, UM, WE, WE LOOK FORWARD TO, YOU KNOW, EV ALL, ALL PARTIES, UH, COMMENTS. YEAH, YEAH, YEAH. BUT, BUT, BUT I, I TOTALLY AGREE. BUT WITH YOU, THE TRICK OR THE, WELL, THE CHALLENGE WILL BE TO GET THE VARIOUS FIRE DEPARTMENTS, YOU KNOW, COORDINATED AND TRAIN. THAT'S GOING TO BE, UH, THE TRICK. BUT I THINK THAT'S SOMETHING THAT COULD BE ACCOMPLISHED AND, UH, AND IT JUST WOULD REQUIRE SOME EFFORT TO DO. BUT I DEFINITELY THINK IT CAN BE ACCOMPLISHED. I HAVE A POINT OF CLARIFICATION FOR EITHER Q OR WALTER, EITHER ONE OR GARRETT . UM, FOR THE FEW, UM, BEST STRUCTURES THAT ARE ALREADY EXISTING IN UNINCORPORATED, THEY'RE GONNA BE GRANDFATHERED IN AS THEY EXIST, OR WE'RE GOING TO HAVE THEM MAKE CHANGES. THEY WOULD MEET THE, THE ONES THAT ALREADY THERE. SHE WOULD MEET THE CODE, WILL MEET THE, THE CODES. [02:40:01] THIS NEW LAW, THEY WOULD, I'M NOT SURE THAT'S TRUE. I THINK THERE'S ONE THAT'S WELL, RIGHT NEXT, NEXT TO A BUILDING, MAYBE TOO CLOSE TO THE BUILDING UNDER THE NEW, THAT'S WHAT I THOUGHT I READ. YEAH. SO I, I THINK IT'S HELPFUL JUST TO DISCUSS THAT REALLY QUICKLY. UM, AARON, UM, GLOSSED THROUGH THE THREE PHOTOS, AND DEFINITELY TWO OF THEM ARE, UH, 10 FEET AWAY FROM THE BUILDING, WHICH DOES MEET FIRE CODE, OF COURSE. UM, AND THE WAY THIS LOCAL LAW WOULD WORK IN THAT RESPECT IS, UM, THERE'S SOMETHING KNOWN AS A HAZARD HAZARD MITIGATION ANALYSIS, WHICH IDENTIFIES WHAT ARE THE RISKS. SO IF IT'S A SHOPPING CENTER AND THERE'S, UM, YOU KNOW, HEAVY TRUCKS BACKING UP INTO A LOADING AREA, UM, THAT MIGHT NOT, THAT MIGHT BE IDENTIFIED AS A RISK IN THE HAZARD MITIGATION ANALYSIS, AND YOU MIGHT IDENTIFY THAT 10 FEET FROM THAT BUILDING WOULD NOT BE PRUDENT. AND SO THE ANALYSIS WOULD IDENTIFY THAT AND, UM, YOU KNOW, YOU WOULD ADHERE TO THE LARGER SETBACK. UM, I TEND TO THINK THE TWO SITES WHERE THEY ARE 10 FEET FROM THE BUILDING, I THINK THE HAZARD MITIGATION ANALYSIS WOULD'VE IDENTIFIED THAT THERE ARE NO IMPEDIMENTS, UM, AND THAT THEY'RE SITUATED FINE. UH, THERE'S THE BOLLARDS THERE. UM, YOU KNOW, PERHAPS THERE WOULD BE A FENCING CONSIDERATION, AND WE CAN ALWAYS WORK, UM, WITH THE, THE PROPERTY OWNER TO SEE IF THEY CAN PUT SECURITY FENCING AROUND IT. BUT IN GENERAL, THE WAY IT WORK WOULD BE, YES, THE LAW SAYS BE A HUNDRED FEET FROM THE EXISTING BUILDING UNLESS THE HAZARD MITIGATION ANALYSIS, UH, YOU KNOW, CLEARLY IDENTIFIES THAT SAFE CONDITIONS, UH, EXIST IN SOME AREA CLOSER. SO I, I TEND TO THINK THEY WOULD BE FINE. I THINK ALL THE SITES THAT WERE APPROVED IN THE TOWN OF GREENBURG WOULD MEET THE LAW. UM, AS, AS COMPRISED, THERE IS THIS ONE THING, I, ONE REALLY KEY PART OF THIS, I THINK THERE IS DISCRETION IN THE SETBACKS, UH, UM, THIS FROM THE BUILDING. THIS, THIS IS UP TO A HUNDRED FEET, BUT IT CAN BE LESS THAN A HUNDRED FEET IF INDEED THEY CAN GIVE US A HAZARD MITIGATION PLAN THAT PROVES IT'S SAFE. RIGHT? SO TRUTHFULLY, IN ANY OF THESE LARGER ONES THAT WE'RE TALKING ABOUT, THEY'RE GONNA HAVE, IT'S GOING TO BE REVIEWED BY A SAFETY PROFESSIONAL TO SAY, YEAH, IT'S OKAY. SO, YOU KNOW, IF YOU'RE GONNA PUT IT IN, YOU KNOW, 20, FOR INSTANCE, IF YOU PUT A 20 FEET FROM A LOADING DOCK, YOU KNOW WHERE 18 WHEELERS ARE COMING EVERY DAY, THAT'S PROBABLY NOT GONNA BE OKAY. OKAY. BUT, YOU KNOW, 10, 10 FEET FROM AN OFFICE BUILDING, YOU KNOW, AND IT'S HIDDEN IN THE BUSHES SOMEWHERE, YOU KNOW, THAT'S PROBABLY FINE. EXACTLY. AND JUST TO BE CLEAR, THE SETBACK, UM, RE THE RELAXING OF SETBACKS ONLY APPLIES TO FROM THE BUILDING. UH, THE HUNDRED FOOT SETBACK FROM THE PROPERTY LINE IS NOT SOMETHING YOU COULD GET RELIEF FROM UNLESS YOU SOUGHT IT FROM THE Z B A. UM, SO YEAH, JUST TO BE CLEAR THERE, BUT THA THANKS HUGH. THAT WAS A GOOD DESCRIPTION. AND I KNOW WE FLASHED A GRAPHIC UP, WHICH HAD A LOT OF COLORS. I MEAN, I COULD PUT IT UP REALLY QUICKLY, BUT JUST TO GIVE YOU AN EXAMPLE, UH, I, I THINK I'D LIKE TO DO THAT ACTUALLY. UM, SO WHAT WE DID IS, UM, WE, OKAY, I'M GONNA ZOOM IN IN A MOMENT HERE AND SHARE SCREEN. AARON SPENT THE WHOLE DAY COLORING, YOU GOTTA PUT IT UP. . YES. IT'S FUN TO WORK IN P D F AND COLOR. WELL, HE COULDN'T, HE COULDN'T SPEAK BECAUSE, SO, AND HIM DO SOMETHING. WE DID THIS FOR A VARIETY OF SITES, UM, JUST TO, TO REALLY LEARN. AND, YOU KNOW, WE PLAYED WITH DIFFERENT SETBACKS. WE RAN 200 FOOT NUMBERS AND 300 FOOT NUMBERS. AND, YOU KNOW, THEN WE, SO WHAT YOU SEE ON THE SCREEN IS, UH, CROSSROAD SHOPPING CENTER, AND I KNOW IT'S OBSCURED A BIT BY SOME OF THESE COLORS, BUT, UH, THE PROPERTY LINE, WHAT THE GREEN REPRESENTS IS A HUNDRED FOOT OFFSET FROM THE EXISTING PROPERTY LINE. SO THAT IS, UM, A SETBACK THAT, SO MEANING THE FOOTPRINT WHERE A BEST WOULD BE PERMITTED WOULD BE SOMEWHERE IN THE GREEN, UH, BECAUSE THAT WOULD MEAN YOU'RE A HUNDRED FEET FROM ALL PROPERTY LINES. THE RED IS A FOOT IS AN OFFSET OF A HUNDRED FEET FROM THE BUILDING. SO, UM, YOU KNOW, CLEARLY IN THE FRONT, YOU KNOW, FIRE LANES, YOU WOULD NEVER PUT SOMETHING CLOSE TO THE BUILDING. WHAT I THINK, UH, MR. SCHWARTZ DESCRIBED WELL IS THAT THERE'S A LOT OF BACK TO THIS SHOPPING CENTER. AND THERE COULD BE AN INSTANCE WHERE, UM, IF IT'S, IF IT PASSES THE HAZARD MITIGATION ANALYSIS, UH, STUDY, UH, THERE COULD BE AN AREA OF, OF, OF LOW CONCENTRATION OF ACTIVITY, UM, YOU KNOW, NO, NO TRUCKS BACKING IN. AND THAT COULD BE SE SECURED THAT IT MAY MAKE SENSE TO BE CLOSER, UH, THAN A HUNDRED FEET TO THE BUILDING. UM, BUT LET'S JUST SAY THAT ALL THIS AREA, UH, WITHIN A HUNDRED FEET TO THE REAR OF THIS CROSSROAD SHOPPING CENTER WERE VERY SENSITIVE AREA, AND IT JUST DIDN'T MAKE SENSE. WHAT THAT WOULD SAY TO A DESIGNER IS, [02:45:01] OKAY, YOUR APPLICABLE AREAS ARE, ARE THERE AREAS OF, OF, OF SORT OF, UM, LESSER ACTIVITY OUT IN THE, THE FRONT PARKING FIELD, OR, I MEAN, QUITE HONESTLY, WHEN I LOOK AT THIS SITE, UM, IF AS A, AS KIND OF LIKE WITH THE DESIGNER EYE, WHAT YOU HAVE HERE IS A PORTION OF THE SITE THAT IS RIGHT OFF THE CURB. UM, YOU COULD PERHAPS TAKE OUT SOME OF THESE PARKING SPACES AND, AND EVEN GREEN THAT UP, BUT YOU WOULD BE A HUNDRED FEET FROM THE BUILDING, YOU'D BE A COUPLE HUNDRED FEET FROM THE PROPERTY LINE. AND AGAIN, THESE, WE WE'RE NOT ALLOWING MASSIVE, UH, BEST FACILITIES ON THESE COMMERCIAL SITES WE'RE REALLY SMALL, LIKE 20 BY 40 FOOT FOOTPRINT. YOU KNOW, YOU'RE TALKING ABOUT A SMALL LITTLE, LITTLE FOOTPRINT HERE THAT COULD BE EASILY ACCESSIBLE BY, UM, EMERGENCY RESPONDERS, YOU KNOW, IF YOU SITUATED A, A HYDRANT AND, AND DID ALL THE THINGS THAT THAT, THAT THE LAW SAYS TO DO. UM, THAT, THAT, THAT'S SORT OF SOME OF THE ANALYSIS WE DID. AND, YOU KNOW, WE, WE, WE RAN THIS ON OTHER SITES ON CENTRAL, AND, UH, AS I MENTIONED, WE RAN THEM AT, YOU KNOW, LESSER DIMENSIONS, GREATER DIMENSIONS. THE LESSER DIMENSIONS WERE SORT OF RULED OUT BECAUSE AGAIN, THAT OVERRIDING, UH, YOU KNOW, PROXIMITY TO ONE FAMILY RESIDENCES, WE WANTED TO BE VERY SENSITIVE AND RESPECTFUL TO THAT. SO, UM, THAT'S SORT OF THE THOUGHT PROCESS THAT WE HAD. UM, THE A HUNDRED FOOT, JUST, JUST TO BE CLEAR, UM, I KNOW NYSERDA WOULD SAY, OKAY, WELL YOU'RE IN THE URBAN RENEWAL DISTRICT HERE. THE REAR YARD SETBACK IS, LET'S JUST SAY IT'S 50 FEET ON NYSERDA SAYS THAT THAT'S, THAT'S, THAT'S AN ADEQUATE DEFAULT. UM, THE COMMITTEE, YOU KNOW, DISCUSSED AND DELIBERATED AND FELT THAT A HUNDRED FEET WAS, WAS BEST. THAT WASN'T ARBITRARY. CLEARLY IT'S FURTHER BACK. SO, YOU KNOW, YOU, YOU, YOU'RE GIVING A GREATER BUFFER TO THE ONE FAMILY RESIDENCES. BUT ALSO, UM, THERE WAS THE, THE, THE, THE, WHEN WE LOOKED AT, UM, AND WE SPOKE WITH OUR, OUR SAFETY CONSULTANT, THEY SAID, ONCE YOU'RE AT A HUNDRED FEET, THE, UM, THE SITES FALL INTO WHAT'S KNOWN AS REMOTE, UM, UH, REMOTE SITES, AND ACTUALLY THE SAFETY STANDARDS, UM, OUR, OUR, OUR LESSENED, UM, TO A DEGREE. SO THERE WAS THAT LEVEL OF COMFORT THAT ONCE YOU'RE AT A HUNDRED FEET, UM, YOU KNOW, YOU, YOU NOT, NOT THAT YOU HAVE TO DROP THE STANDARDS, AND WE DON'T, BUT IF THE STANDARDS DROP, THERE'S SOMETHING TO THAT A HUNDRED FEET. SO I THINK JUST, YOU KNOW, THERE'S A REALLY GOOD CONSERVATIVE APPROACH BY THE COMMITTEE WITH, UH, YOU KNOW, HOLDING THE LOFTIEST SAFETY, YOU KNOW, ADHERING TO THE LOFTIEST, UH, MOST STRINGENT SAFETY STANDARDS, UH, WERE THE BUILDING BLOCKS OF THE LOCAL LAW. GOT IT. UH, SO DO YOU HAVE THE SORT OF, UH, SORT SOME KIND OF, UH, SYNOPSIS OF WHERE, UH, WHERE THE LAW DIFFERS FROM ERDAS, UH, KIND OF THE, THE STA THE KIND OF PROTOTYPE LAW, SO THAT WILL, THAT WILL MAKE US TO UNDERSTAND THAT WHERE, WHERE WE ARE DEVIATING OR WE ARE MAKING, UH, ARE WE, ARE WE GETTING TOO CONSERVATIVE THAT, UH, WOULD BE KIND OF COMING BACK AND THEN CHALLENGING US? AND WE ARE MAKING EXCEPTIONS TO THE THINGS. SO JUST IF YOU CAN SORT OF PROVIDE A LITTLE, LITTLE BIT OF SYNOPSIS FOR WHEREVER WE HAD DEVIATED FROM STANDARD LAW. SO THAT WOULD, THAT'S A GREAT IDEA. THAT'S A GREAT IDEA. YOU HAVE TO, YOU HAVE TO UNDERSTAND WHAT'S THE PURPOSE OF THE NY NYSERDA LEGISLATION, UH, LAW. THEY EVEN SAY IN THEIR OWN DOCUMENT THAT THIS IS A, A BROAD DOCUMENT, AND THAT EVERY COMMUNITY, THAT'S JUST LIKE A MODEL LAW. AND THEN EVERY COMMUNITY SHOULD ADOPT IT TO THEIR OWN NEEDS. SO IT'S NOT AS IF YOU ARE VIOLATING THE, UH, THE, UH, NYSERDA LAW. IT'S JUST THE STATE IS SAYING HERE, SOME OF THE BASIC FACTS, USE THAT AND NOW DESIGN YOUR OWN LAW. SO THAT'S, I MEAN, FIRST OF FIRST ALL 1, 1, 1 SIZE DOES NOT, OBVIOUSLY DOES NOT FIT ALL. OKAY. RIGHT. BUT IT WOULD BE NICE TO COMPARE WITH NO, I AGREE. I AGREE WITH THAT. WHAT I WANTED TO JUST SAY, I ABSOLUTELY, MONA, WE WANNA COMPARE AND YOU WILL FIND THAT OUR LAW IS FAR, FAR MORE CONSERVATIVE THAN THE ERDA LAW AT THIS POINT. POINT. THAT'S OKAY. HOWEVER, WHAT WE DID, BECAUSE WE KNEW WE WERE BUILT A LOT MORE CONSERVATIVE, WE ALLOWED FOR THIS FLEXIBILITY, FOR EXAMPLE, ON SETBACKS. MINNESOTA SAYS, JUST USE YOUR NORMAL ZONING SETBACKS. WE THOUGHT THAT WAS NOT BE DANGEROUS GIVEN THE LITTLE EXPERIENCE ANYBODY EVEN COUNTRYWIDE REALLY HAS, UH, HAS WITH THESE THINGS. SO, UM, WE EXPECT OVER, OVER TIME WHEN WE GET MORE EXPERIENCE IN THIS, WE'LL PROBABLY MODIFY THE LAW. BUT WE NEED TO START SOMEWHERE. TOM, I'M SORRY, I DIDN'T MEAN TO CUT YOU OFF. NO, I, ALL I SAID WAS, IT SOUNDS LIKE [02:50:01] NYSERDA IS JUST A GENERAL TEMPLATE TO BE RIGHT, EXACTLY. RECONFIGURED BASED ON THE NEEDS OF EACH INDIVIDUAL. UH, I DO WANNA SAY THAT I COMMEND EVERYONE THAT WORKED ON THIS. IT LOOKS LIKE THERE WAS, UH, VERY THOROUGH LOOKING AT RESEARCH. IT'S VERY DETAILED, VERY COMPREHENSIVE. NOT SOMETHING I CAN COMMENT ON, YOU KNOW, WITH THIS SHORT EXPOSURE TO IT. BUT THANK YOU, GARETH, FOR THE, THE OVERVIEW AND ALL THE DOCUMENTS WE GOT. UM, BUT I, I REALLY THINK WE HAVE SOMETHING WE CAN WORK WITH AND, AND MAKE, UH, A VERY GOOD STAB AT A LAW THAT'S GONNA HELP US IN THIS TOWN. THANK YOU. AND I DO HAVE THAT DOCUMENT. SO WE, WE DO HAVE A SYNOPSIS OF HOW THE LAW'S MORE CONSERVATIVE. SURE. SO WE'LL MAKE SURE THAT MAKES IT INTO YOUR NEXT PACKAGE JUST TO UNDERSTAND WHAT NEEDS TO HAPPEN IN THE FUTURE. AND I THINK WALTER, AND I'D LIKE TO SEE PEOPLE OTHER THAN JUST THE TWO OF US VOLUNTEER FOR THESE COMMITTEES BECAUSE IT TAKES A HUGE AMOUNT OF OUR TIME. UM, GARRETT WAS A TASK MASTER, MASTER, I'LL TELL YOU, CALLING US AT THREE IN THE MORNING, HUGH, I GOT A NEW IDEA, THREE IN THE MORNING. YOU KNOW, THESE MEETINGS WERE TOUGH. SERIOUSLY THOUGH WE HAVE LOTS OF THESE ISSUES COMING UP. WE HAVE SOLAR FARMS, WE HAVE WIND FARMS, WE HAVE CHARGING STATIONS, AND WE HAVE MARIJUANA CO COMMISSARIES. THOSE ARE FOUR HUGE LAND USE ISSUES THAT ARE GONNA BE COMING UP THAT ACTUALLY ARE NOT GOING TO BE COMING UP, THAT ARE COMING UP NOW. UM, I SUSPECT GIVEN HOW SUCCESSFUL THE PROCESS WAS, UH, HAS BEEN WITH THE BATTERY STORAGE FACILITY, UM, THAT THESE SIM SIMILAR COMMITTEES WILL BE USED TO DRAFT THAT. AND, AND, YOU KNOW, GUYS, THINK ABOUT IT. I'D LIKE TO SEE, YOU KNOW, I THINK IT WAS IMPORTANT TO HAVE MEMBERS OF THE PLANNING BOARD ON, ON THAT COMMITTEE. IT DOESN'T HAVE TO BE WALTER AND I, YOU GUYS ARE SMART, UH, SMARTER THAN WE ARE. SO, YOU KNOW, IT'S, UM, THE, I'D JUST LIKE TO SEE MEMBERS OF THE LANDLORD THINK ABOUT IF ANY OF THOSE INTEREST YOU AND WHEN THOSE COME UP. 'CAUSE THEY, THEY WILL COME UP, I THINK, SOONER THAN LATER. I THINK, UH, OH. WELL, MICHAEL ALREADY EXPRESSED INTEREST IN IF A COMMITTEE IS, UH, FORMED FOR, UM, UH, CHARGING STATIONS. OKAY, SO GOOD. HE'S INTERESTED IN THAT. SO, SO MICHAEL WANTS TO DO THAT AFTER HE FOUGHT ME ABOUT CHARGING STATIONS . NO, NO, NO. BUT I CAN'T BELIEVE THAT. BUT, BUT, BUT I'M SAYING YOU IS ABSOLUTELY CORRECT THAT WE HAVE, UH, IT, IT, IT, IT TAKE, IT WILL TAKE A LOT OF TIME FOR SHORT PERIOD OF TIME. THAT'S THE KEY POINT. FOR A SHORT PERIOD OF TIME. IT WILL REQUIRE A LOT OF EFFORT. AND, AND, AND, UH, AND I THINK IT'S GOOD FOR ALL THE PLANNING BOARD MEMBERS THAT SOMETIME OR ANOTHER GET ACTIVELY INVOLVED WITH THIS. WE SAW THAT WORKED VERY EFFECTIVELY IN TERMS OF THE COMMITTEE THAT JOHAN AND YOU WORKED ON IN TERMS OF GETTING, UH, UH, UH, UH, A BUSINESS DEVELOPMENT, UH, INDIVIDUAL ORGANIZATION TO WORK. UH, UH, UM, HU UH, TOM WORKED WITH, UH, UH, ON THE PROJECT FOR THE FOUR CORNERS. UH, UH, HE, HE ALSO WORKED ON THE PROJECT FOR THE, UH, UH, HISTORICAL BUILDING THAT'S RIGHT ACROSS THE STREET FROM HIM. AND, YOU KNOW, SO WE, WE IS ABSOLUTELY ESSENTIAL THAT AS THESE PROJECTS COME UP, UH, BOARD MEMBERS ARE WILLING TO SAY, I WILL PARTICIPATE IN THIS PARTICULAR PROJECT. SO I THINK THAT'S GOOD. SO THEY'LL BE, I THINK WE, WE THANK, UH, WALTER, HUGH AND HUGH FOR, UH, REALLY, UH, GIVING INPUT FROM THE LAND USE BOARD. AND I THINK IT'S A, IT'S A, UH, I MEAN, I JUST BRIEFLY LOOKED AT, IT'S A VERY WELL PUT TOGETHER, UH, UH, SORT OF, UH, ADDITION TO THE LAW. SO I, I KIND OF THANKS AND CONGRATULATE, UH, UH, THE PLANNING BOARD MEMBERS AND THE STAFF FOR COMING ALONG. AND DON'T FORGET GARRETT, 'CAUSE HE WAS THERE. SHE WROTE IT. I, I, I SPOKE TO EARLIER, UH, BEFORE, AND I, I, YOU KNOW, IT WAS, UH, IT, IT WAS LIKE HERDING CATS, , YOU KNOW, BECAUSE EVERY BOARD MEMBER, YOU KNOW, WE HAD DIFFERENCE OPINIONS. WE FELT STRONGLY ABOUT SOME THINGS AND NOT AS STRONG ABOUT OTHERS. IN OTHER WORDS, THE REVERSE. AND, AND GARRETT WAS ABLE TO CAPTURE THE ESSENCE OF, OF EACH OF THE, THE COMMITTEE MEMBERS. AND, AND FROM THAT DISTILLED A DOCUMENT THAT TRULY [02:55:01] REPRESENT A JOINT EFFORT. AND THAT'S A SKILL. AND WHAT, WHAT'S REALLY INTERESTING IS THERE WAS SKEPTICISM AMONG THE, OH, BY THE WAY, ALSO, WE ALSO HAVE TO THANK FRANCIS. SHE AND, AND KEN JONES. KEN JONES, THAT, THAT WERE, WELL THEY'RE MEMBERS OF THE COMMITTEE. THEY WERE MEMBERS OF THE COMMITTEE AND, AND PARTICIPATED. YES. UM, BUT WHAT I WANT TO SAY IS WE HAD A, WE HAD A TARGET DATE OF, OF, OF APRIL 9TH, AND WE HAD THREE MONTHS TO WRITE THIS LAW AND LAUREN, AND WE HAD TO LEARN ABOUT SOMETHING WE KNEW LITTLE ABOUT. OKAY. AND GUESS WHAT? WE GOT THE LAW DOWN ON TIME. YEAH. SO AGAIN, THAT'S A CREDIT TO, TO GARRETT'S LEADERSHIP ON THE COMMITTEE AND EVERYONE ONE ON THE COMMITTEE, UM, THAT ARE TWO MEMBERS IN THE C A C AS WELL, BUT, AND THE CITIZENS THAT ARE NOT ON THE COMMITTEE, NOT ON ON THE C A C OR THE PLANNING BOARD THAT WERE ON THE COMMITTEE. YEAH. EVERYBODY WORKED VERY WELL TOGETHER. AND, UH, WE GOT SOMETHING DONE FAST. IT, YOU KNOW, IT TOOK US SEVEN YEARS TO GET SIGNS. RIGHT. BUT WE DID, WE'RE ABLE TO WRITE A VERY COMPREHENSIVE LAW IN THREE MONTHS. IT JUST GOES TO SHOW IF YOU'RE FOCUSED, YOU CAN DO SOMETHING, SOMETHING VERY EFFECTIVELY AND GET CI CITIZEN INPUT. THANKS. ALRIGHT. SO THE HOUR IS, THE HOUR IS LATE. YEAH. BACK IN TWO WEEKS. YEAH. THE HOUR, THE HOUR'S LATE. AND I, YES, GARRETT, GARRETT SAYING, UH, TWO, WE EXPECT, UH, UH, THE COMMENTS FROM EVERYONE, UH, IN TWO WEEKS, UM, UH, YOU KNOW, HAVE ANO UH, A MORE IN DEPTH DISCUSSION ON THIS. OKAY, GOOD. YEAH. DAVE'S GOT DINNER READY. I SAW SOMEBODY CAME INTO THE ROOM. SO, YEAH. THANK YOU. EVERYONE. DELIVERY. OKAY. I JUST WANT, I JUST WANNA GIVE A BRIEF UPDATE ON, ON THE OTHER ISSUE WHERE WE ARE WITH OUR ZONING BOARD. UH, YEAH. WE HAD CORRESPONDENCE YOU DIDN'T MENTION, WHICH WAS THAT, UM, WE WILL NOT MENTION IT NOW AND WE WON'T MENTION IT. NO, NO, NO, NO, NO, NO. BUT YOU THAT, JUST TO GIVE YOU A BR A BRIEF, UH, UPDATE TO WHERE WE ARE. THE ZONING BOARD HAS NOT COME TO A FINAL DECISION. UH, DURING THEIR DISCUSSIONS, UH, THERE WAS, I GUESS ON A STRAW VOTE OR DURING THIS, THEY CA THEY, UH, UH, APPEARED TO UNANIMOUSLY, UH, UH, FEEL THAT, UH, ON THE MERITS OF THE CASE ITSELF. THEY FELT THAT WE WERE RIGHT IN, IN, IN OUR INTERPRETATION THAT, UH, THAT, UH, THE BEST DID NOT FALL ONTO UNDER THE SPECIAL PERMIT LAW. BUT, BUT THERE'S A TECHNICALITY OF WHETHER OR NOT WE MET THE 60 DAY WINDOW. SO WE DON'T KNOW WHAT THE FINAL VOTE WOULD BE. SO YOU COULD SAY ON THE MERITS, UH, YES, THEY AGREE WITH US, BUT WE MISSED THE 60 DAY WINDOW, THEREFORE THEY COULD COME UP WITH A WHATEVER DECISION. SO WE DON'T KNOW WHAT THE FINAL DECISION IS, BUT I JUST WANTED TO BRING YOU UP TO DATE WHERE WE ARE ON THE ISSUE. SO YEAH, WE EXPECT TO GET THE DECISION ON, ON MAY 18TH. YEAH. SO THAT'S WHERE WE ARE. OKAY. WITH THAT SAID, THANK EVERYONE. GOODNIGHT. FINISHING, WE FINISHING TWO MINUTES EARLY SO THE VICE CHAIR CANNOT COMPLAIN. NOT BY MY CLOCK, MY FRIEND DOES EIGHT O'CLOCK. EXACTLY. OKAY. I WANNA THANK MATT BRIT, WHO DID A SUPERIOR JOB TONIGHT. JOB. MATT. YES. MATT. THANKS EVERYBODY. THANK YOU. OKAY. THANKS. MATT. YOU'RE INVITED BACK. . YEAH. FEEL BETTER. AARON. WALLY. AARON, EVERYONE OKAY? OOH, THANK YOU ALL. GOODNIGHT. EVERYBODY FEEL BETTER, AARON. GOODNIGHT. BE SAFE. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.