Link

Social

Embed

Disable autoplay on embedded content?

Download

Download
Download Transcript


OKAY.

[00:00:01]

GOOD EVENING, AND WELCOME

[ FINAL TOWN OF GREENBURGH PLANNING BOARD AGENDA WEDNESDAY, October 20, 2021 – 7:00 P.M. Meetings of the Planning Board will be adjourned at 10:00 p.m. ]

TO THE PLANNING BOARD'S MEETING OF WEDNESDAY, OCTOBER THE 20TH, UH, 2021.

I ASKED, UH, DEPUTY COMMISSIONER SCHMIDT TO CALL THE ROLE CHAIRPERSON.

SIMON.

HERE.

MR. SCHWARTZ? HERE.

MR. DESAI? HERE.

MR. HAY? HERE.

MR. FREYTAG? HERE.

MR. SNAGS? HERE.

MR. CAMPANO.

HERE.

NOTE FOR THE RECORD THAT MR. GOLDEN IS NOT PRESENT THIS EVENING.

THANK YOU.

I ALSO, UH, TO NOTE FOR THE RECORD, UH, THAT, UH, YOUR, UH, JONATHAN CAMPANO, UH, THE ALTERNATE FOR THE PLANNING BOARD HAS BEEN APPOINTED, AND HE'S JOINING US, UH, THIS EVENING, SEEING HOW, UH, UH, UH, MICHAEL GOLDEN IS ABSENT.

SO, UH, MR. CAMPANO WILL BE A FULL VOTING MEMBER THIS EVENING.

UH, THE NEXT THING ON THE AGENDA IS THE MINUTES, UM, WAS QUITE A, A COMPREHENSIVE MINUTES THAT WAS WRITTEN BY, UH, UH, MATT.

ANYONE HAVE ANY COMMENTS ON THE MINUTES? NO.

AGAIN, A VERY, I HAVE NO COMMENTS.

UH, AGAIN, I CONGRATULATE MR. BRATTON FOR THE ACCURACY AND THE COMPLETENESS OF THE MINUTES.

UH, I MAKE A MOTION THAT WE, UH, APPROVE THE MINUTES TO HAVE A SECOND.

SECOND.

ALL IN FAVOR? AYE.

AYE.

AYE.

OKAY.

UH, IN TERMS OF CORRESPONDENCE, WE DID, UH, I DON'T HAVE THE LETTER IN FRONT OF ME, UH, IN TERMS, UH, MAYBE AARON, YOU HAVE IT FOR MR. STEINS.

COULD YOU PUT THAT ON? I DO PUT, YEAH.

OKAY.

UH, WHAT, WHAT I WANT TO, UH, POINT OUT THAT, UH, THIS IS A, A MORE OR LESS STANDARD, UH, REQUEST FOR AN EXTENSION.

I THINK HE WAS ABOUT TWO OR THREE DAYS LATE MEETING THE DEADLINE.

HE DID INDICATE THAT, UH, SOMETIME IN THE FUTURE HE MIGHT COME IN TO, UH, UH, UH, CHANGE THE APPLICATION, BUT THAT HAS NO RELEVANCE IN TERMS OF US BY A PROVEN, UH, UM, AN EXTENSION.

BECAUSE WHEN, IF AND WHEN HE DECIDES TO COME BACK IN, HE HAS TO FOLLOW THE SAME PROCESS, HAVE TO PRESENT IT, THEN WE GO THROUGH THE SAME PROCESS.

SO THE ONLY DIFFERENCE IS THAT HE JUST GAVE US A HEADS UP OF A POSSIBILITY IN THE FUTURE, BUT THAT SHOULD NOT AFFECT AT ALL OUR DECISION TO GRANT A, UM, AN EXTENSION.

SO I'M PROPOSING I MAKE A PROPOSAL.

OH, UH, PLEASE REFER TO THE DOCUMENT.

UH, UH, ABSOLUTELY.

SO, UH, AGAIN, THIS RELATES TO CASE NUMBER PB 20 DASH ZERO FOUR CASAL FOR A PROJECT THAT'S 34 DASH 40 AND 50 SAWMILL RIVER ROAD.

AND AS CHAIRPERSON SIMON MENTIONED, THE APPLICANT HAS REQUESTED A RETROACTIVE EXTENSION OF ITS PRELIMINARY SUB APPROVAL EXPIRED ON AUGUST 2ND, 2021.

THE 180 DAY EXTENSION, IF APPROVED, WOULD BE VALID THROUGH JANUARY 29TH, 2022.

THE APPLICANT PROVIDED AN INITIAL LETTER OF REQUEST DATED AUGUST 9TH, 2021, WHICH WAS UPDATED AND RESUBMITTED ON OCTOBER 4TH, 2021, AND CIRCULATED TO THE BOARD.

OKAY.

ANYONE, ANY DISCUSSION ON THIS APPLICATION? WE DON'T HAVE A SECOND.

IT'S NOT, I WILL, PARDON ME SECOND.

WE DON'T HAVE A SECOND ON THE MOTION.

I'LL SECOND IT SECOND.

ACTUALLY, CAN YOU, UH, REPEAT THE MOTION BECAUSE IT SHOULD SAY NUN PROTON ON IT.

OKAY.

OKAY.

WHO MADE THE MOTION? YOU DID.

I KNOW, BUT I WITHDREW IT TO GET A, TO GET A, I I MOVE THAT WE ALLOW THE EX THE EXTENSION ON THIS PROJECT.

PB WHAT? UH, AARON PB 2020 DASH OH FOUR 40 DASH OH FOUR NON-PRO TU FOR 180 DAYS.

180 DAYS.

IS THAT 180 DAYS FROM THE LAST RENEWAL? UH, DAVID? YES.

YES.

OKAY.

YES.

CAN WE HAVE A SECOND, WHICH IS SECOND.

ALL

[00:05:01]

IN FAVOR? AYE.

AYE.

OPPOSED? NONE.

OKAY.

OKAY.

WAS THAT MR. A? CORRECT.

MONA IS MR. HAY? NO, IT WAS ACTUALLY MONA.

MONA, WHATEVER.

THANKS.

THANK YOU.

BLOWING THE TRIGGER, TOM .

OKAY.

IT IS, UH, WE ALSO GOT A LETTER, UH, UH, FROM HISTORICAL, UM, UH, PRES, UM, CONSERVATION PRESERVATION BOARD, UH, CONCERNING CASE PB 1933.

BROSKY ASKING THAT WE DO NOT MAKE A DECISION ON THAT TONIGHT, BUT WE WOULD NOT MAKE A DECISION ON THAT IN, IN ANY CASE, BECAUSE IT HAS TO GO THROUGH NORMAL PROCESSES THAT WE HAVE TO, IT REQUIRES A, A, A, UH, ZONING VARIANCE.

SO WE HAVE HAVE TO MAKE A RECOMMENDATION TO THE ZONING BOARD.

UH, THE ZONING BOARD HAVE TO MAKE A DECISION, AND THAT COMES BACK TO US.

UH, WE HAVE A PUBLIC HEARING AND WE KEEP DIRECTED OPEN FOR A CERTAIN AMOUNT OF DAYS, AND THEN WE MAKE A DECISION.

SO JUST FOLLOWING THE NORMAL PROCESS, IT WON'T, IT'LL BE ANOTHER ONE MONTH RECORDING IN PROGRESS.

UH, WE, WE'LL, IT'LL BE ANOTHER ONE TO TWO MONTHS BEFORE WE MAKE A DECISION.

SO WE'RE ON THIS ISSUE.

WE JUST FOLLOWING A NORMAL PROCESS, SO, OKAY.

UH, SO NEXT WONDER, THE, THE REASON THEY WERE CONCERNED IS THAT THERE IS A CEMETERY NEXT TO THE SUBDIVISION, THE CORNER OF THAT AREA.

THERE IS A, UH, UH, THERE IS A CEMETERY THAT, UH, IS UH OH, YEAH, BUT POINTING.

SO THEY WANTED TO MAKE SURE THAT, UH, THEY GET BACK TO LOOK AT IT.

OKAY.

AND I COULD APPRECIATE THEY WANTED TO MAKE SURE, BUT I JUST WANT TO EMPHASIZE THAT OUR NORMAL PROCESS GIVES THE BOARD AT MINIMUM TWO MONTHS, ONE MONTH TO TWO MONTHS TO DO THE NECESSARY RESEARCH, AND THAT THE PUBLIC HEARING, THEY CAN MAKE THEIR CASE, OR IF, IF PREFERABLY BEFORE THE PUBLIC HEARING, THAT WILL BE EVEN BETTER IF THEY SEND US A REPORT.

BUT, SO WE'RE NOT MAKING ANY DECISION ANYTIME SOON ON THIS.

OKAY.

SO I APPRECIATE THE INTEREST, UH, AND TO MAKE NO, THE REASON FOR THE INTEREST.

OKAY.

LET ME, AREN'T WE DISCUSSING THIS CASE A LITTLE BIT LATER? I DON'T THINK WE SHOULD GO OVER TWICE.

OKAY.

BUT I'M JUST SAYING THE LETTER.

THAT'S WHY WE, THE LETTER WRITTEN.

OKAY.

UH, UH, AARON, LET ME, LET ME JUST CLARIFY, AND I, I DON'T WANT TO SPEND A LOT OF TIME ON IT.

UM, THERE, THOSE ARE ACTUALLY TWO SEPARATE PROJECTS.

SO THE ONE THAT HAS THE CEMETERY ADJACENT TO IT IS A DIFFERENT PROJECT SITE, WHICH IS ON WHICH WE'RE ABOUT TO GET TO WITHIN THE NEXT FEW MINUTES.

THAT'S THE D NAPOLI PROJECT THAT'S ON FOR PRE-SUBMISSION.

RIGHT.

THE BRODSKY NOT HAVE A CEMETERY NEXT TO IT, BUT IT DOES HAVE A STRUCTURE THAT'S LISTED ON MULTIPLE, UH, HISTORIC REGISTRIES.

RIGHT.

SO, I JUST WANTED TO CLARIFY.

WE'RE GONNA GO THROUGH ALL THAT, THAT WHEN OKAY.

BUT SEEING HOW THIS, YEAH, WE DO NOT NEED TO GO INTO THE DISCUSSION NOW.

MY POINT WAS JUST TO REAFFIRM THAT WE ARE NOT MAKING A DECISION TONIGHT.

OKAY, AARON? YEAH.

AND ONE MORE ITEM.

I APPRECIATE THAT.

ONE MORE ITEM UNDER CORRESPONDENCE THAT I JUST WANTED TO REMIND THE BOARD OF IS THAT, UH, WE HAVE A VOTE REQUIRED ON THE 2022 CALENDAR.

UH, THERE WAS AN UPDATE OF THE DATES REMINDED US THAT WE WANTED TO VOTE JUST TO ADOPT THE 2022 CALENDAR AS REVISED.

WE HAVE A MOTION TO ADOPT THE CALENDAR AS REVISED.

SECOND.

A SECOND.

ALL IN FAVOR? AYE.

AYE.

AYE.

OPPOSED? NONE.

OKAY.

SO NOW WE CAN MOVE ON TO OUR FIRST THING IS, UM, ON THE AGENDA IS THE OLD BUSINESS.

AND THAT IS THE, UH, THE FINAL SUBDIVISION FOR PB 1912, UH, CHAIRPERSON.

SIMON, I HAVE CASE NUMBER PB 21 DASH 23, WHICH IS, UH, THE D NAPOLI PROJECT ON FOR PRE-SUBMISSION CONFERENCE.

YES, I HAVE THAT FIRST SINCE AT OUR LAST MEETING, WE WERE UNABLE TO GET TO THOSE FOLKS.

OKAY.

SO YEAH, WE THAT WILL BE FINE.

[00:10:01]

THAT'S FINE.

SO, UH, I'LL JUST ANNOUNCE THAT BRIEFLY AGAIN.

THE CASE NUMBER IS PB 21 DASH 23 DE NAPOLI FOR A PROPERTY LOCATED AT 1490 AND 1952 SAWMILL RIVER ROAD, PO WHITE PLAINS LOCATED WITHIN THE R 21 FAMILY RESIDENCE ZONING DISTRICT.

THE PLANNING BOARD WILL BE CONDUCTING A PRE-SUBMISSION CONFERENCE WITH THE APPLICANT AND ITS DESIGN PROFESSIONAL, A POTENTIAL SUBDIVISION, A POTENTIAL FUTURE SUBDIVISION APPLICATION INVOLVING THE SUBDIVISION OF TWO EXISTING LOTS INTO 13 LOTS FOR THE PURPOSE OF CONSTRUCTING 13 NEW SINGLE FAMILY RESIDENCES WITH RELATED IMPROVEMENTS TO BE ACCESSED VIA A NEW 950 FOOT CUL-DE-SAC OFF OF WHITE HOUSE ROAD TO BE BUILT TO TOWN STANDARDS, ALL ON THE EXISTING 8.03 ACRE SITE.

THE SUBJECT PROPERTIES CONTAIN REGULATED STEEP SLOPES AND REGULATED TREES THAT WOULD BE DISTURBED AND OR REMOVED AS PART OF THE PROJECT REQUIRING APPROPRIATE PERMITS FROM THE PLANNING BOARD.

THE APPLICANT'S REPRESENTATIVES ARE PRESENT THIS EVENING TO FURTHER DETAIL THE PROJECT AND TO ANSWER ANY QUESTIONS OF THE BOARD MEMBERS.

I JUST WANNA REMIND EVERYONE, IT'S A PRE-SUBMISSION CONFERENCE, SO THERE HASN'T BEEN A FORMAL APPLICATION, ALTHOUGH I'VE BEEN ADVISED THAT THE FORMAL APPLICATION IS, IS BASICALLY READY, BUT IT'S, IT IS A GOOD OPPORTUNITY TO ASK QUESTIONS OF THE APPLICANT, GIVE INITIAL FEEDBACK AND THOUGHTS ON THE APPLICATION, AND ALL, ALL UNDERSTANDING AND KNOWING THAT THE APPLICANT WILL BE BACK BEFORE THE PLANNING BOARD AT A FUTURE TIME SHOULD IT DECIDE TO MAKE A FORMAL APPLICATION.

THIS LAST NOTE I'LL MAKE IS THAT THIS IS THE PROJECT SITE THAT HAS, UM, A CEMETERY LOCATED IMMEDIATELY ADJACENT TO IT.

AND, UH, IT, I DID AS, UM, I DID PROVIDE NOTIFICATION TO THE HISTORIC AND LANDMARKS PRESERVATION BOARD.

EVEN THOUGH THIS IS IN ONLY A PRE-SUBMISSION CONFERENCE AT THIS TIME, WE WANTED TO LET THEM KNOW RIGHT AWAY.

AND, UM, THEY'RE AWARE OF IT AND THEY'RE LOOKING INTO IT.

UH, AND THEY WILL PROVIDE, UH, INFORMATION TO THE PLANNING BOARD AT A FUTURE TIME SHOULD THIS PROJECT MOVE FORWARD.

THANK YOU.

I WILL TURN IT OVER TO MR. ESCALADES AND MR. CHER.

ARE YOU'RE MUTED AT THE MOMENT.

YOU'RE MUTED.

YOU'RE MUTED.

I THINK THEY'RE TRYING TO FIGURE IT OUT.

I CAN ASK YOU TO UNMUTE AND MAYBE THAT'LL BRING UP A PROMPT.

OKAY.

DO YOU HEAR ME NOW? THERE? YES, WE DO.

YES.

OKAY, GOOD.

I'M GETTING BETTER AT THIS.

IT ONLY TOOK ME A HALF A MINUTE TO FIGURE IT OUT, GENTLEMEN.

GOOD EVENING.

UH, THANK YOU FOR THAT INTRODUCTION, AARON.

WE ALSO HAVE A, A, A FEMALE ON THE BOARD.

UM, MY, MY APOLOGIES.

THANK YOU EVERYONE.

LADIES AND GENTLEMEN.

UM, AARON'S, UH, INTRODUCTION WAS VERY ACCURATE.

WHAT WE HAVE IS A, A PARCEL THAT'S BEEN, UM, UM, APPROVED BEFORE.

I NEED TO SAY THAT FIRST, BECAUSE, UH, WE WENT THROUGH THIS PROCESS ONCE BEFORE WITH A POSITIVE RESULT FROM THE PLANNING BOARD.

AND FOR WHATEVER REASON, IT WAS NEVER FILED WITH THE COUNTY, BUT WE OBTAINED ALL THE PROPER APPROVALS FROM THE TOWN OF GREENBURG AT THE TIME.

UH, WE EVEN HAD THE SIGN OFF FROM THE HEALTH DEPARTMENT.

SO FOR WHATEVER PERSONAL REASONS, WE DID NOT FILE IT.

AND OF COURSE, THE APPROVALS, UM, UH, THEY JUST DIED OUT.

THE PROCESS HAS BE, HAS BEEN STARTED AGAIN FOR THE SAME, UH, PARCEL.

AND IT, IT'S DESIGNED IS, UH, REPRESENTED IN THE SAME WAY.

THERE IS AN ENTRANCE FROM WHITE HOUSE MANOR, UM, THAT LEADS, UH, TO A 13 LOT SUBDIVISION.

EACH, EACH LOT IS GREATER THAN THE REQUIRED MINIMUM OF 20,000.

EACH LOT WILL COMPLY WITH THE SETBACK REQUIREMENTS, AND EACH SLIDE, OF COURSE, WILL HAVE AN INDIVIDUAL HOUSE DESIGNED AND BUILT FOR IT.

UM, SOME WITH MORE DISTURBANCE TO STEEP SLOPES THAN OTHERS.

THERE'S A SIGNIFICANT AMOUNT OF TREES THAT HAVE TO BE REMOVED, AND OF COURSE, THAT IS FORTHCOMING.

THAT PLAN, UH, AS PER THE CHANGES OF THE TREE ORDINANCE OF THE TOWN OF GREENBURG, THAT WILL, WILL BE FORTHCOMING DEPENDING ON ANY CHANGES THAT THE BOARD MAY WANT TO MAKE ON THIS PRELIMINARY, THIS ACTUALLY THIS PRETTY FINAL PLAN.

UM, AND THE, AND THE PLANTING AND THE NEW PLANTINGS WILL, OF COURSE, UH, WILL BE, WILL DESIGNED, WILL BE DESIGNED AROUND THAT.

EACH HOUSE IS, IS DESIGNED SO THAT ALL THE DRAINAGE AS WELL AS THE DRAINAGE

[00:15:01]

FROM THE IMPERMEABLE SURFACE IS, UH, PICKED UP BY THE PROPOSED DRAINAGE IMPROVEMENTS AND DIRECTED TO A CENTRALIZED, UH, UNDERGROUND STORAGE, UH, UH, UM, UH, SYSTEM FOR A 25 YEAR STORM.

IT IS, IT IS, UM, UH, IT IS PICKING UP THE, THE NATURE OF THE DESIGN IS TO PICK UP EVERY, EVERY SURFACE OF IMPERMEABLE, UH, NATURE AND DIRECTED TO, UM, A A A POINT IN AT LOT, UM, UM, I THINK IT'S LOT, UM, 8, 9, 7, I BELIEVE.

AND THE ENTIRE, THE ENTIRE SYSTEM IS ON THE GROUND, AND IT WILL BE, THE EASEMENTS WILL BE GRANTED, OF COURSE, TO THE DEPARTMENT OF PUBLIC WORKS FOR THEIR MAINTENANCE AND, UH, UH, OBSERVATION.

THE OVERFLOW OF THAT SYSTEM WILL, WILL, WILL FLOW INTO THE RIGHT OF WAY OF SOUL MILL RIVER ROAD, WHICH OF COURSE HAS A DRAIN THERE THAT WILL, UH, RIGHT NOW IS EMPTYING, UH, THE DRAINAGE THAT GOES NORTH SOUTH IN THAT PARTICULAR PATH.

UM, THE, UM, UM, UM, THE, UM, NO, I DID SAY THE DRIVEWAYS ARE PICKED UP.

SO THE, THE HOMES ON THE DRIVEWAYS, THE REASON WHY WE DID THAT IS SO THAT THE BUYERS ARE FREE TO INSTALL SWIMMING POOLS OR DECKS OR OTHER ITEMS IN THEIR BACKYARDS, UH, WITHOUT HAVING TO WORRY ABOUT IT BEING INTERRUPTED BY INDIVIDUAL DRY WELLS.

THAT NORMALLY WOULD BE THE CASE.

AND WE HAD THE ROOM AND THE, AND THE, UH, UH, TO DO THIS, UH, A ADDITIONAL PICKUP OF IMPERMEABLE SURFACES.

SO WE DECIDED TO DO IT.

UM, UH, THE, THE, THE LENGTH OF THE ROAD IS APPROXIMATELY 900 FEET, AND THEN IT HAS, UH, A CUL-DE-SAC AT THE END THAT PROVIDES US WITH 96 FOOT DIAMETER, WHICH SATISFIES ALL THE TURNING RADII OF THE PUBLIC, UM, UH, UM, VEHICLES.

UM, THERE IS ALSO, UM, A PROJECTED EASEMENT FOR A SECONDARY ACCESS.

UH, IN CASE OF ANY BLOCKAGE, UH, UH, AT THE, AT THE HEAD OF THE ROAD, WE, WE WOULD HAVE AN EASEMENT WITH, UH, A PROVISION WITH, UH, OF COURSE, THE FIRE CHIEF OF THE EMERGENCY VEHICLES TO ENTER IT.

UH, IT'S BETWEEN LOTS, UM, UH, EIGHT AND SEVEN, AND THAT, THAT, THAT ALLOWS FOR ANY KIND OF AN EMERGENCY VEHICLE TO, TO ENTER, UH, IN A SECONDARY METHOD.

UM, OTHER THAN THAT, THE, THE, THE SUBDIVISION WE FEEL MEETS ALL THE REQUIREMENTS.

WE, WE HAVE, UH, WELL, I WOULD DARE SAY AN AS OF RIGHT, UH, OF COURSE, IN TERMS OF AREAS AND IN TERMS OF THE DISTANCES, THAT'S WHAT WE WERE TRAINED TO SAY WHEN WE DIDN'T NEED ANY VARIANCES.

UM, UM, THERE, THE LOTS ARE A LITTLE BIT LARGER THAN 20, SO IT'S A COMFORTABLE R 20.

UM, AND THAT'S REALLY IT.

THE, THE WATER, I'M SORRY, THE, THE WATER IS, WE'RE, WE'RE LOOPING A NEW LINE THAT COMES FROM WHITE HOUSE, UM, ALL THE WAY TO THE END WITH TWO HYDRANTS IN, IN, IN, IN ITS PATH.

AND THEN WE LOOP DOWN TO THE WATERLINE MAIN IN RUNNING NORTH, SOUTH ON THE SAWMILL.

SO WE, WE, WE PROVIDE AN L UH, SYSTEM THAT CONNECTS WHITE HOUSE TO THE, THE SYSTEM IN SAWMILL RIVER.

AND THE SEWAGE IS ALSO, UM, A GRAVITY LINE SYSTEM THAT WILL PICK UP ALL THE HOUSES.

WE'LL GO THROUGH A SERIES OF EASEMENTS BETWEEN THE LOTS AND TRAVEL TO THE MANHOLE AT THE END, RIGHT THERE TO YOUR LEFT, RIGHT THERE.

UM, UH, THAT WILL, OF COURSE, UH, E EMPTY INTO THAT MANHOLE.

AND, AND, UM, ALL THE CAPACITIES ARE PROPER.

UH, THE SEWAGE SIZES AND, AND, AND INVERSES ARE PROPER FOR THE, UH, THE, UH, THE ADDITIONAL 13 LOTS.

UM, THAT'S IT, THAT'S BASICALLY IN A NUTSHELL.

UH, OKAY.

SO WE, BEFORE I RECOGNIZE, UH, MR. SWARTZ, I, I HAVE ONE BASIC QUESTION TO ASK.

UH, YOU START OFF BY SAYING THIS IS BASICALLY THE SAME, UH, LAYOUT THAT WAS SUBMITTED SOME TIME AGO.

MY QUESTION IS, SINCE THAT TIME, WE HAD CHANGES IN OUR CODES.

SO MY QUESTION IS, IS THIS CONSISTENT WITH OUR TREE CODES, WITH OUR TREE, UH, CODE, UH, ANY CHANGES THAT MIGHT HAVE OCCURRED IN OUR STEEP SLOPE DRAINAGE? UM, UH, THE PLACEMENT OF THE HYDRANT TRAFFIC, UM, UH, UM, THE SIZE OF THE CUL-DE-SAC SINCE THE, UH, THE TIME, YES, IT'S 96 FEET, BUT WE PUT ADDITIONAL CONTROLS ON THAT 96 FEET IN TERMS OF PERMEABLE PAVEMENTS AND, AND THINGS LIKE THAT.

SO I JUST WANNA MAKE SURE THAT WHAT WE ARE LOOKING AT TODAY IS CURRENT

[00:20:01]

TO ALL APPLICABLE, TODAY'S ALL APPLICABLE CODES, UH, AS FAR AS I KNOW, WITH ALL THE CURSORY REVIEWS THAT WE'VE HAD BY STAFF, YES.

ALL THE ANSWERS TO ALL THOSE QUESTIONS EXCEPT THE TREE ORDINANCE.

WE HAVE NOT PREPARED THE VERY, UH, STRICT REQUIREMENTS OF THE NEW TREE ORDINANCE, WHICH REQUIRES US TO LIST EACH TREE, EVALUATE, UH, UH, THE, THE, THE VA IT SPECIFY THE VALUE THAT IT PROVIDES FOR WATER, UH, UH, SO WATER RETENTION AND, AND POUNDS OF CO.

UH, WE HAVEN'T DONE THAT YET BECAUSE WE'RE EXPECTING, UM, WE WANNA MAKE SURE THAT THE CHANGES THAT WE'RE PROPOSING ARE ACCEPTABLE TO THE BOARD.

ONCE, ONCE THE PERIMETER OF THE MOST OF THE DISTURBANCE AREAS ARE, UH, UH, AGREED UPON OR UNDERSTOOD, THEN WE WILL IDENTIFY EACH TREE AND DO THE ANALYSIS AS PER THE CODE, UH, THE ORDINANCE.

UM, SO THAT'S THE ONLY THING THAT HAS NOT BEEN COMPLETED TO THE TOWN STANDARDS.

EVERY OTHER, UH, DESIGN ELEMENT HAS THE SIZES, THE SETBACKS, UM, SIGNIFICANTLY, THE, THE, THERE HASN'T, UH, NOT BEEN ANY CHANGES TO THIS ZONE, UH, FROM THE PREVIOUS TIME THAT IT WAS, IT WENT THROUGH AN APPROVAL PROCESS.

YES, THE STEEP SLOPE ORDINANCE CHANGED.

UH, BUT, BUT THAT AGAIN, IS WE DID A STEEP SLOPE, UM, UH, STUDY.

WE HAVE IDENTIFIED, UH, THE NATURE OF THE SLOPES IN EACH SLOT, AND WE HAVE SUMMARIZED THAT ON A PER LOT BASIS.

UM, AND OUR SUBMISSION, OF COURSE, IS UNDER REVIEW, UH, BY THE, BY THE ENGINEERING DEPARTMENT.

SO WILL BE THE, ALL THE OTHER ELEMENTS OF ENGINEERING, THE, THE STORM DRAINAGE, UH, WATER AND SEWER.

UH, THEY HAVE GIVEN IT A CURSORY REVIEW.

THERE HAVE NOT BEEN ANY OUTSTANDING COMMENTS.

SOME COMMENTS ALREADY WERE ADDRESSED.

UM, BUT, BUT OF COURSE, THIS WILL CONTINUE BASED ON THE BOARD'S.

UM, OKAY.

I, I THINK YOU, YOU SUFFICIENTLY ANSWERED MY QUESTION TO MY SATISFACTION, UH, THAT, UH, THAT THAT'S UNDER REVIEW, UH, BY OUR VARIOUS DEPARTMENTS TO MAKE SURE IT'S CURRENT.

IT'S UP TO DATE WITH OUR CURRENT LAW, UH, UH, VICE CHAIR, UM, UH, SCHWARTZ.

I, I SEE YOU HAVE YOUR HAND UP.

THANK YOU, MR. SIMON.

UM, I'VE GOT SEVERAL QUESTIONS, MR. ESCALADES.

FIRST OF ALL, IS THIS GONNA BE AN H O A N? NO.

UH, UH, WE WILL DEDICATE THIS ROAD AND ALL THESE IMPROVEMENTS TO THE VILLAGE UP TO THE TOWN.

SORRY.

INCLUDING THE DRAINAGE.

THE DRAINAGE.

WELL, UH, UH, I HAVEN'T HEARD ANYTHING, UH, UH, UH, OTHER THAN THAT, ALTHOUGH THERE IS, THERE IS A POSSIBILITY, UH, DEPENDING ON, UH, ON THE WISHES OF, OF THE TOWN AND, AND THE LATEST ENGINEERING, UH, DEPARTMENT OF PUBLIC WORKS.

I MEAN, PERSONALLY, I HAVE A REAL, I HAVE A REAL CONCERN ABOUT, UH, PARTICULARLY GIVEN IT'S ON SOMEBODY'S PROPERTY, OKAY? UH, OF, OF ASKING THE TOWN TO MAINTAIN, MAINTAIN THE, THE DRAINAGE FOR ALL THESE HOUSES, THAT, THAT'S A VERY BIG CONCERN THAT HAS TO BE DISCUSSED WITH, UH, PUBLIC WORKS AND ENGINEER AND THE ENGINEERING DEPARTMENT FOR SURE.

UM, WHAT WAS A 25 YEAR STORM WHEN THIS WAS ORIGINALLY DONE, AND I DO REMEMBER THIS SUBDIVISION, UH, WHEN IT WAS FIRST APPROVED, UH, IS NOT A 25 YEAR STORM ANYMORE.

UH, TRUTHFULLY, AND WHAT I'M VERY CONCERNED ABOUT IS YOU'RE CONSOLIDATING ALL THE WATER INTO ONE, INTO ONE PLACE, WHICH IS BEHIND, UH, THE HOUSE ON, ON LOT 11, I BELIEVE, AND THEN LETTING IT OUT INTO THE SAWMILL RIVER TO SAWMILL RIVER ROAD.

ESSENTIALLY, I THINK THE CHANCES OF YOU FLOODING SAWMILL RIVER ROAD, I AM VERY, VERY CONCERNED ABOUT CONSOLIDATING IT RATHER THAN SPREADING IT OUT.

THAT'S AN AWFUL LOT OF POTENTIAL OVERFLOW IN THAT AREA, GIVEN THAT WE SEEM TO HAVE A HUNDRED YEAR STORMS EVERY TWO OR THREE YEARS NOW, RATHER THAN 25 YEARS STORMS. UM, I, I THINK THAT ROAD WILL BE UNDERWATER VERY, VERY QUICKLY.

SO I, THAT I HAVE A PROBLEM WITH.

I'M VERY CONCERNED ALSO ABOUT ACCESS TO THE, UH, TO THE, THAT DRAINAGE.

UM, I THINK THAT COULD BE A PROBLEM.

I DON'T KNOW HOW, HOW PEOPLE WOULD WORK ON THAT, THAT DRAINAGE.

UM, I DON'T KNOW IF THERE'S PAVEMENT GOING BACK THERE, OR HOW DO YOU GET A TRUCK BACK THERE IF YOU NEED, NEED TO DO SOMETHING OR A BACKHOE BACK THERE EASILY.

IF YOU'RE GONNA NEED TO DO SOMETHING, WHAT, HOW ARE YOU GOING TO HANDLE THE EASEMENTS? THOSE ARE ALL QUESTIONS THAT, AS FAR AS I'M CONCERNED, NEED TO BE ANSWERED.

UM, SO THE WHOLE DRAINAGE PROGRAM, AND FINALLY ON THE DRAINAGE, UM,

[00:25:01]

YOUR CALCULATIONS TO DATE, HAVE YOU TAKEN INTO CONSIDER, YOU TALK ABOUT POOLS AND PATIOS AND THINGS LIKE THAT, BUT WERE THOSE TAKEN INTO CONSIDERATION, UH, WHEN YOU, UM, WHEN, WHEN YOU DID THE DRAINAGE CALCULATIONS? YES, IT WAS, AND THERE IS A, THERE IS AN EASEMENT, UH, A VERY LARGE EASEMENT THAT ALLOWS, IT'S ALL, UH, THAT YOU CAN ENTER WITH ANY TRUCK, ANY EXCAVATOR FROM THE STONEVILLE RIVER ROAD.

UM, SO HOW DO YOU GET THERE? BUT YOU HAVE TO GET THERE, BUT YOU HAVE TO GET THERE WHETHER YOU CAN LEGALLY OR NOT, YOU HAVE TO GET TO IT.

UM, OF COURSE, YOU HAVE TO GET TO IT.

YOU DRIVE UP THE SAWMILL RIVER, AND YOU GO IN THE BACK OF THAT PROPERTY.

SO THAT'S, IF YOU, HOW, WHAT IS IT? WHAT'S THE GRADING? WHAT'S THE GRADING THERE VERSUS THERE IS, THERE, THERE IS A DIFFERENCE OF FOUR FEET.

IT'S A, AND THERE'S DIFFERENCE OF FOUR FEET.

AND IF IT'S OVERFLOWING AND IT'S MUD, HOW COULD A TRUCK EVER GET IN THERE? WELL, YOU, AT SOME POINT IN OUR LIVES, AND I'VE THOUGHT ABOUT THAT, 'CAUSE I'M 73 YEARS OLD, YOU HAVE TO GIVE SOME MERIT TO THE ENGINEERING PEOPLE, AND YOU HAVE TO SAY, WELL, GIVE THEM CREDIT.

WE, WE HAVEN'T FLOODED YET WHERE WE HAVE DONE THESE SYSTEMS. UM, AND THE, IF YOU, IF YOU THINK OF WORST CASE, WHICH I ALWAYS DO, UM, YOU HAVE, YES, YOU WOULD NOT BE HURTING THE, THE VILLAGE.

BUT IF, IF, IF WE THINK ABOUT WHAT HAPPENED THERE IN THE LAST STORM, WE CAN ANSWER OUR OWN QUESTION.

WHAT HAPPENED AT THE SOUL MILL AT THAT PARTICULAR PLACE IN THE LAST STORM? THERE WAS NOT, IT WAS NOT FLOODED.

IT'S INTERESTING.

UM, AND IT WAS, IT WAS WITHOUT ANY KIND OF ADDITIONAL, UH, STORAGE OF ANY KIND.

YES, WE ARE, WE ARE GOING TO BE INCREASING PAVEMENT.

WE ARE GOING TO BE ENLARGING THE AREAS OF IMPERMEABLE SURFACE, BUT WE'RE ALSO GOING TO BE ENLARGING THE STORAGE CAPACITY UNDERGROUND.

SO I DON'T, I, YOU KNOW, I, I AM STAMPING AND YOU'RE ALSO TAKING DOWN HOW MANY TREES IN THE PROPERTY.

WELL, BUT WE'RE ALSO PLANTING THE, YOU'RE NOT, IT'S NOT COMPLETE.

IT'S NOT A ONE-TO-ONE REPLACEMENT UNDER THE TREE LAW, NO, ON, ON, ON THERE.

BUT THERE'S ALSO, THERE'S ALSO A LOT OF GRASS SURFACE COVERAGE, A LOT OF SHRUBBERY.

WE DON'T MAKE THOSE COMPUTATIONS WHEN WE TALK ABOUT THE ACTUAL, UH, UH, BENEFITS THAT A NEW DEVELOPMENT.

AND I'VE READ SO MANY, SO MANY ARTICLES THAT TALK ABOUT THE ADDITIONAL BENEFIT OF, OF, UH, LANDSCAPING AND GRASS AND SO ON, AS COMPARED TO WHAT'S THERE NOW.

IT'S THERE.

NOW IT'S A BARREN, UH, PIECE OF PROPERTY.

BUT I, I, I THINK THAT YOU'VE SAID IT RIGHT.

I THINK LET THE ENGINEERING, UH, REVIEW THIS.

AND IF, IF THERE SEEMS, AND, AND I WILL OPEN THIS TO YOU AND TO ENGINEERING, IF YOU WOULD LIKE TO ALLOW FOR THE .

I, I'M JUST SAYING.

WELL, WELL, WELL, CAN I INTERRUPT FOR A MINUTE? I THINK WE NEED TO RECOGNIZE THIS IS A PRE-CONFERENCE MEETING, AND WHAT WE WANT TO DO IS TO SURFACE CONCERNS.

AND SO ONE OF THE CONCERNS YOU NEED TO TAKE INTO ACCOUNT IS THE, THE COMMENTS THAT WAS MADE BY VICE CHAIR, UH, SCHWARTZ, THAT THERE IS A CONCERN ABOUT THIS SETUP.

IT IS A, UH, A CONCERN ABOUT THE DRAINAGE AND HOW THAT RELATES TO THE TOWN'S RESPONSIBILITY OF TAKING THAT OVER, WHETHER OR NOT THEY SHOULD BE H O A.

SO THESE, YOU COULD LIST THESE AS THREE CONCERNS THAT WILL SURFACE IN FREE CONFERENCE MEETING.

OKAY.

WE DON'T HAVE TO SOLVE THE PROBLEM THERE.

ONE OTHER THING I HAVE, WALTER, I HAVE JUST ONE OTHER, ONE OTHER COMMENT.

I LIKE THE IDEA THAT THERE'S AN EASEMENT ON LOT, WHATEVER THAT IS.

10.

WHAT, AARON, COULD YOU PUT, PUT THAT BACK UP, PLEASE? ABSOLUTELY.

I THINK IT'S LOT.

10, 10 OR 11.

IT'S LOT.

I'M SORRY.

LOT.

EIGHT 11.

THERE'S AN EASEMENT, A BACKEND EASEMENT.

IS THERE ANY PLANS TO PUT PERVIOUS PAVERS IN THERE? WELL, WE'RE OPEN TO ANY, ABSOLUTELY.

IF, IF THE BOARD, UH, ASKS US TO DO IT, ABSOLUTELY, WE'LL DO IT.

WE CAN ALSO, AS I WAS GONNA SAY BEFORE, WE CAN ALLOW THEN THE DISTRIBUTION OF THE INDIVIDUAL, UH, UH, CONTRIBUTION FROM EACH HOME TO BE DONE.

AND I, I HAVE NO PROBLEM AGAINST THAT.

THAT'S A SAFER, UH, A DISTRIBUTION OF MOISTURE.

SO IF, IF THE BOARD FEELS MORE COMFORTABLE, I I'M OKAY WITH THAT AS WELL.

I WOULD LEAVE THE SAME SIZE SYSTEM AND I WOULD THEN NO, I UNDERSTAND.

YEAH, NO, AS WALTER SAID, WE'RE NOT TRYING TO SOLVE IT.

MY QUESTION IS, THOUGH, MY QUESTION IS THOUGH, IF YOU'RE GONNA USE THAT AS A EMERGENCE, MY QUESTION NOW, 'CAUSE I THINK WE'VE, WE'VE CO COVERED THE ENGINE, THE DRAINAGE, IF YOU'RE GONNA RIGHT WHERE AARON HAS JUST POINTED, IF THAT'S AN EASEMENT, THE ONLY WAY THAT'S USEFUL IS IF IT'S PAVED IN SOME WAY BECAUSE, OR ELSE YOU'RE NEVER GONNA GET A FIRE TRUCK OUT.

NO, THE EASEMENT, THE

[00:30:01]

EASEMENT IS NOT AT THE END.

IT'S IN BETWEEN LOTS.

UH, EIGHT, NINE, AND, AND, UM, YEAH, THERE'S ANOTHER SHEET THAT SHOWS THAT I BELIEVE IT'S SHEET.

UM, UM, THERE'S ANOTHER ONE THAT HAS THE EASEMENT, SO IT'S LOT AND 10.

OKAY.

WHEREVER IT IS.

WHEREVER IT IS, IT NEEDS TO BE PAVED.

WE CAN, WE CAN CERTAINLY, WE CAN DO THAT.

OKAY.

AARON, WHAT DID YOU WANNA SAY, AARON? WELL, A COUPLE OF THINGS.

ONE, UM, YEAH, IT CERTAINLY NEEDS TO BE CLEARLY DEFINED AND OBSERVED IN THE FIELD.

I KNOW THAT IN OTHER INSTANCES WITH, AND I ACTUALLY BROUGHT UP THE EMERGENCY ACCESS TO MR. ESTIS, WHEN WE MET ON THIS, UH, SEVERAL MONTHS AGO.

HE AND I WERE LOOKING AT DIFFERENT ASPECTS OF THE PROJECT, AND I SUGGESTED THAT HE, HE AND HIS CLIENT CONSIDER IT, AND THEY CERTAINLY DID.

IN OTHER CASES, WE HAVE SEEN WHERE THE GRASS PAVERS ARE USED SO LONG AS THEY'RE DEEMED ACCEPTABLE TO, UH, THE EMERGENCY, YOU KNOW, TO THE FIRE DEPARTMENT AND OTHER EMERGENCY ACCESS, SO THAT, YOU KNOW, THEY'RE DESIGNED TO, UH, SUFFICIENTLY HANDLE THE WEIGHT OF THOSE APPARATUS.

UH, SO THAT WOULD BE SOMETHING THAT WOULD BE REVIEWED AS PART OF, UH, ANY FORMAL SUBMISSION.

MY OTHER COMMENT RELATED TO, UM, THE APPLICANT AT LEAST CONSIDERING OTHER OPPORTUNITIES FOR PERVIOUS MATERIALS SUCH AS PERHAPS WITH THE DRIVEWAYS, I KNOW THAT'S BEEN DONE ON OTHER SUBDIVISIONS, UM, PER FAULT DRIVEWAYS, OR, OR 100%.

YOU KNOW, I THINK THAT'S SOMETHING THAT YOU SHOULD CONSIDER AS YOU MOVE TOWARDS A FORMAL APPLICATION.

UM, OBVIOUSLY THIS, THIS SITE SHEDS DOWN TOWARDS NINE A AND WHILE THE RIVER ISN'T IMMEDIATELY ADJACENT TO THE SITE, YOU KNOW, THE, THE SAWMILL PARKWAY AND I 87, UM, CERTAINLY IN AN AREA THAT CAN BE MORE PRONE TO FLOODING THAN OTHER AREAS IN TOWN.

THANK YOU.

I'M, I'M, I'M, I'M DONE.

OKAY.

IS THERE ANY OTHER, ANY OTHER COMMENTS FROM BOARD MEMBERS? WELL, SINCE MICHAEL'S NOT HERE, AND CORT HASN'T SPOKEN UP, I'M JUST GOING TO NOTE THAT IF, UH, POSSIBLE TO REDUCE THE PERVIOUS SURFACE IN THE CUL-DE-SAC CIRCLE BY PUTTING, UH, MAYBE GREENERY IN THE MIDDLE OR PAVER PAVERS OF SOME TYPE JUST TO REDUCE THAT HUGE EXPANSIVE BASKETBALL, WE WILL CONSIDER THAT.

SURE.

I WOULD, I WOULD LIKE THAT.

OKAY.

ARE THERE ANY OTHER COMMENTS FROM BOARD MEMBERS? UM, KURT, CORRECT? CORRECT.

YOU'RE ON MUTE, CORRECT.

AND CAN YOU PUT BACK THE PLAN? YES.

UH, LET ME SCROLL DOWN.

CAN YOU SEE IT NOW? YEAH.

YEAH.

UM, SO I HAVE A QUESTION REGARDING THE, UH, THE SLOPE AND THE TOPOGRAPHY OF THE SITE.

IT LOOKS LIKE THERE IS A, UH, FOR LOT 13, IT STARTS FROM LIKE TWO 10, IT GOES TO ALMOST 180, IT'S ABOUT 30 FEET DROP.

AND, UH, ARE THEY GOING TO HAVE ANY USABLE BACKYARD, UH, UH, AND HOW THAT, UH, WAY IT IS BEING DONE.

SO I'M A LITTLE CONCERNED ABOUT THE, THE OVERALL LAYOUT OF THE, THE, THE SUBDIVISION.

AND ALSO, IS THERE ANY, UH, ANY WAY YOU THOUGHT THAT THERE COULD BE A, SOME MORE, UH, MAYBE YOU'LL HAVE A ONE LESS, UH, HOW PLOT, BUT HAVE AN AREA WHERE INSTEAD OF DRAINING THIS THING IS OUT TO THE SAWMILL, YOU CAN HAVE A RETENTION BASING INTO, UH, ONE OF THE LAB.

RIGHT? SO THAT'S A QUESTION.

OKAY.

OR, OR THE SUGGESTION.

AND, UH, BUT AT THIS POINT, IT WILL BE A, A, A CONCERN.

CONCERN.

THAT'S WHAT WE DO.

CONCERN.

CONCERN.

OKAY.

UH, ALSO THE, THE DISTANCE FROM THE ENTRANCE TO THE SUBDIVISION TO THE SAWMILL RIVER E ROAD, UH, LOOKS LIKE, UH, LITTLE BIT, LITTLE BIT KIND OF CLOSE TO IT.

SO IS ANY WAY, UH, IT COULD BE INCREASED.

UH, SO THAT'S MY CONCERN THAT THE, UH, YOU, YOU ARE COMING RIGHT AT THE CORNER OF IT AND, AND BEING, IT IS A, UH, GOING TO BE A, UM, HISTORICAL

[00:35:01]

CEMETERY.

UH, THERE MAY BE SOME CONCERN ABOUT, UH, HOW DOES THE WHOLE THING WORKS TOGETHER AND, AND HAVING A, UH, BEING A GOOD NEIGHBOR TO THE HISTORIC CEMETERY, WHAT KIND OF THINGS THAT YOU HAVE THOUGHT ABOUT IT.

SO THAT'S CONCERN.

UH, AND I THINK, UH, UH, WE NEED TO REALLY KNOW WHAT ARE THE OTHER, UH, SORT OF DETAILS THAT WAS APPROVED ON THE EARLIER SUBDIVISION? WAS IT A 12? WAS IT A 12 OR 13? LLOYDS LIO.

SO I CAN, AARON, WHAT WHAT WE CAN DO IS, UM, IF THEY INTEND TO MOVE FORWARD WITH THIS AND THEY DO MOVE FORWARD, WE WILL GET YOU A COPY OF THE PLAT I HAVE THAT I CAN ACTUALLY SHARE IT.

BUT, UM, THE, THE QUICK STORY OF IT IS, IT WAS ACTUALLY A TWO PHASE SUBDIVISION, UH, THE ORIGINAL SUBDIVISION.

AND LET ME SEE IF I CAN JUST BRING IT UP VERY QUICKLY.

I KNOW WE'VE GOT OTHER ITEMS ON, SO I, I DON'T WANT TO TAKE UP TOO MUCH TIME, BUT THAT'D BE GOOD IDEA.

YEAH, YEAH.

LET'S, WHAT, WHAT, WHAT WE COULD DO, AS YOU SAID, IF THIS GOES FORWARD, THAT, UH, AND THEY SUBMIT THE FORMAL PLANS, ALSO SUBMIT THE, THE, THE OLDER PLAN SO WE COULD SEE WHAT CHANGE.

BUT YEAH, IF YOU HAVEN'T, THAT'S FINE.

YEAH.

SO THIS WAS THE ORIGINAL PHASE TWO OF, OF ACTUALLY A TWO PHASE SUBDIVISION.

THERE WERE OTHER LOTS UP, FURTHER UP WHITE HOUSE ROAD THAT WERE PART OF PHASE ONE THAT WERE UP IN THIS AREA, AND THESE WERE BUILT OUT.

AND THEN PHASE TWO CAME IN, AND IF YOU LOOK AT THE LOTS, IT'S 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13.

THE THING WAS, THERE WERE 12 NEW HOMES BECAUSE ON THIS LOT, WHICH IS I THINK 18, BECAUSE THERE WERE OTHER LOTS UP ABOVE IN PHASE ONE, THERE WAS AN EXISTING HOME THAT WAS TO REMAIN.

AND, UM, THAT, THAT RESIDENCE DOESN'T EXIST ANYMORE.

SO THAT'S, THAT'S ONE OF THE DIFFERENT, DIFFERENT DIFFERENCE, UH, IN THE, IN THE LAYOUTS OF THE SUBDIVISION.

SO WE'LL GET THIS ALL TO THE BOARD.

AS YOU CAN SEE, THERE WAS AN OLD DRIVEWAY THAT WENT UP HERE.

YEAH.

TO A POINT.

UM, THE, THE DRIVER THAT WENT TO THIS HOUSE.

SO WE'LL GET THAT INFORMATION TO YOU AS THEY MOVE FORWARD.

SO YOU HAVE THAT, WE'LL GET THE DECISION, WE'LL GET THE MINUTES SO YOU UNDERSTAND ANY OF THE CONCERNS FROM BACK IN THE LATE EIGHTIES, EARLY NINETIES, UM, FOR YOUR INFORMATION.

BUT WE WILL TRANSMIT THAT ALL, UH, ALONG.

SO, UH, I DID WANNA JUST ADD TO MR. DESI'S COMMENT THAT I DID HAVE A DISCUSSION WITH MR. ESCALADES ON, ON THE CEMETERY, AND THAT HE, IF THEY WERE TO MOVE FORWARD, THAT HE CAN EXPECT, UM, TO MEET WITH THE HISTORIC AND LANDMARKS PRESERVATION BOARD.

WE TALKED ABOUT CERTAIN THINGS THAT THEY MIGHT BE ABLE TO DO TO ENHANCE AND, AND MAKE BETTER KNOWN THIS, THE WORTHINGTON CEMETERY THAT'S THERE.

SO HE'S BEEN MADE AWARE OF IT, AND THEY SEEM, UH, WILLING TO WORK WITH THE TOWN, ITS AGENCIES, AND, UM, ITS BOARDS ON, ON FURTHER IMPROVEMENTS TO THAT AREA.

OKAY.

THAT'S GOOD.

THANK YOU.

ARE THERE ANY OTHER COMMENTS OR CONCERNS THAT, UH, WE MIGHT PROVIDE THE APPLICANT SO THEY COULD, UH, FINALIZE THEIR, THEIR PLANS? OKAY.

I HOPE THAT, UH, THE INPUT THAT WE PROVIDED YOU WITH, UH, TODAY WILL BE HELPFUL IN DEVELOPING YOUR FINAL SUBMISSION, UH, FOR THIS PROJECT.

YES, IT WILL.

OKAY.

THANK YOU.

THANK YOU.

THANK YOU, GENTLEMEN.

THANK YOU EVERYBODY.

OKAY, AARON, THE NEXT CASE.

AARON, COULD YOU, UH, YES, ABSOLUTELY.

SO WE'RE ACTUALLY GONNA GO INTO PUBLIC HEARING AFTER YES, SIR.

BARBARA'S READY.

AND IT LOOKS LIKE WE GOT THE THUMBS UP.

THAT'S GREAT.

THANK YOU, BARBARA.

SO CHAIRPERSON SIMON, I'M HAPPY TO CALL THE ROLE.

PLEASE DO.

CHAIRPERSON SIMON HERE.

MR. SCHWARTZ? HERE.

MR. DESAI? HERE.

MR. HAY? HERE.

MS. FREYTAG? HERE.

MR. SNAGS? HERE.

MR. CAMPANO HERE.

JUST THANK YOU.

JUST NOTE FOR THE RECORD, THAT BOARD MEMBER MICHAEL GOLDEN IS NOT PRESENT THIS EVENING.

UH, THE FIRST PUBLIC HEARING ON TONIGHT'S AGENDA IS CASE NUMBER PB 19 DASH 26 KAUFMAN, LOCATED AT 36 HILLCREST AVENUE, P O ARDSLEY,

[00:40:01]

IN THE R 7 51 FAMILY RESIDENCE DISTRICT, THE APPLICANT SEEKS PRELIMINARY SUBDIVISION PLANNING BOARD STEEP SLOPE PERMIT AND TREE REMOVAL PERMIT APPROVALS FOR A PROPOSAL CONSISTING OF A SUBDIVISION OF THREE EXISTING TAX TAX LOTS INTO TWO BUILDABLE LOTS TO ALLOW FOR THE CONSTRUCTION OF ONE NEW SINGLE FAMILY HOME FRONTING ON SPRINGWOOD AVENUE.

THE PROJECT INVOLVES REGULATED STEEP SLOPE DISTURBANCE AS WELL AS REGULATED TREE REMOVALS.

UH, THE APPLICANT HAS PREPARED A TREE REMOVAL PERMIT APPLICATION AND HAS WORKED WITH STAFF ON ITS LANDSCAPING PROPOSAL, WHICH IT WILL REVIEW WITH THE BOARD AND MEMBERS OF THE PUBLIC.

UH, ON JUNE 17TH, 2021, THE ZONING BOARD OF APPEALS GRANTED AN AREA VARIANCE RELATED TO THE NEWLY PROPOSED LOT NOT HAVING FRONTAGE ONTO A ROADWAY BUILT TO TOWN STANDARDS.

THE PLANNING BOARD LAST DISCUSSED THIS MATTER AT ITS OCTOBER 6TH, 2021 MEETING AS PART OF A PUBLIC HEARING.

THE APPLICANT'S REPRESENTATIVE IS PRESENT THIS EVENING TO PROVIDE A BRIEF OVERVIEW OF THE PROJECT FOR THE BENEFIT OF THE PUBLIC FOLLOWING THIS.

UNLESS BOARD MEMBERS HAVE ANY QUESTIONS, I BELIEVE THE INTENT IS TO HEAR FROM THE MEMBERS OF THE PUBLIC AS PART OF THIS PUBLIC HEARING, UH, THAT WE WERE UNABLE TO HEAR FROM AT OUR LAST MEETING.

THANK YOU, MR. ESCALADES.

MY MIC ON? YEAH.

UH, CAN YOU HEAR ME, GUYS? YES.

OKAY.

AND AS, AND DEPUTY COMMISSIONER SCHMIDT SAID THAT THIS IS A CONTINUATION OF THE LAST ONE, SO IT IS NECESSARY TO GO INTO THE FULL DETAILS, WHICH YOU DID AT THE LAST MEETING, BUT JUST TO GIVE US, GIVE THE PUBLIC A REFRESHER.

WILL DO.

THANK YOU, MR. SIMON.

I OKAY.

IT.

THE, THE, THE, UH, PRESENTATION WAS, UM, VERY BRIEF.

UM, TO BE VERY BRIEF, IT, IT'S A, IT'S A THREE LADDER, UM, OF DIFFERENT SIZES.

THERE'S AN EXISTING RESIDENCE IN THE HIGHER PORTION OF THE, OF THE, OF THE, UM, OF THE, UH, OF THE LOT.

AND WE'RE PROPOSING FOR THE DEVELOPMENT OF THE LOWER, UM, UM, UH, SECTION OF THAT LOT.

UM, IT'S, IT, IT FRONTS WITH SPRINGWOOD AVENUE, WHICH HAS, UM, UM, A VERY NARROW, UH, PORTION, UH, AT THE, AT THE POINT OF ENTRY.

UH, WE, WE HAVE, I HAVE MET WITH A, A COUPLE OF THE, UH, NEIGHBORS, AND THEIR MAJOR CONCERN IS THAT, AND I AGREE WITH THEM A HUNDRED PERCENT, UH, AND I I EXPRESSED TO THEM THAT, UH, WE HAVE ADDED OFFICIALLY THE REQUIREMENT OF ENLARGEMENT AT THE POINT, UH, OF ENTRY.

AND AS LONG AS WE CAN, UH, ALONG THE ENTRANCE OF THE, OF THE PROPERTY LINE THAT PARALLEL SPRINGWOOD, AND WE, WE CAN ONLY DO THE ENLARGEMENT UP TO THE PROPERTY LINE.

AND ALTHOUGH I DON'T SHOW THE IMPROVEMENTS TO THE PROPERTY LINE, UM, I'VE SAID THAT VERBALLY TO THE NEIGHBORS, AND I WILL EXPRESS MY DESIRE TO, TO DO THAT.

BUT THERE'S SOME ROCK AT, AT THE ONSET OF THE LOT, AND, UM, I CAN'T, I, I CAN'T DRAW ANY MORE THAN WHAT I DREW, UH, TO THE FLATNESS OF THE ROAD ANY MORE THAN THAT.

SHADOWED LINE INVOLVES ROCK EXCAVATION.

AND, BUT, UM, LIKE I SAID TO EVERYONE, THESE ARE THINGS THAT PROBABLY WILL END UP BEING DONE DURING THE CONSTRUCTION.

UM, I, I, I CAN ONLY AGREE WITH THEIR GRIEF, WITH THEIR DESIRE TO ENLARGE IT.

I THINK IT'S A BETTERMENT FOR EVERY ONE OF US, AND, UH, CERTAINLY A BETTERMENT FOR OUR DRIVEWAY.

AND I WILL ENDEAVOR TO, IF I'M INVOLVED IN THE CONSTRUCTION, TO ENLARGE IT EVEN WIDER THAN WHAT I'M SHOWING HERE.

BUT WHAT I'M SHOWING HERE IS THE THREE OR THREE AND A HALF FEET THAT I CAN UP TO THE FACE OF THE ROCK THAT EMANATES FROM THE SURFACE OF THE GROUND.

SO THAT, THAT'S SOMETHING THAT, UM, UH, I UNDERSTAND.

AND, BUT THERE'S NO, THERE'S NOTHING MORE THAN WHAT I'VE DRAWN THAT I CAN SHOW AS, AS A, AS A PAVEMENT ENLARGEMENT.

BUT I'M SURE THAT, UH, IN THE CONSTRUCTION OF THIS, BECAUSE IT BENEFITS THE, THE, THE LOT AS WELL, THAT THE, THE EXCAVATION WILL PROBABLY, UH, UH, BE DONE IN SUCH A WAY THAT THE PAVEMENT WILL BE ABLE TO PROFIT FROM THIS ADDITIONAL EXCAVATION AND, AND MAYBE EVEN MADE LARGER AT THE NARROWEST GAP THERE, NUMBER ONE.

OKAY, NUMBER TWO, THE, THE TREES, THE TREE, UH, WE, WE, WE'VE GONE OVER THE, UM, THE, THE CONCERN OF, OF, OF THE TREES THAT ARE THERE, SOME OF THE TREES THAT I WOULD SAY THE MAJORITY OF THE TREES THERE ARE NOT IN, IN, IN EXCELLENT HEALTH.

UM, HOWEVER, THERE ARE TREES THAT EVERYONE IS USED TO ENJOYING THEM.

AND SO ON.

THE, THE, THE PROPOSAL THAT WE HAVE IS CUTTING DOWN, UM, I BELIEVE 26,

[00:45:01]

AM I CORRECT, AARON? 26.

SO IT'S, IT'S 26 TOTAL TREES.

OF WHICH, 21 REGULAR.

OKAY.

SO I TALLIED THE, THE, THE ONLY WAY THAT I CAN, I CAN, UH, MATHEMATIZE THE ADVANTAGES, DISADVANTAGES, THE, THE UNFAIRNESS OF, OF WHAT WE'RE PROPOSING, OR THE FAIRNESS OF WHAT WE'RE PROPOSING IS TO MATHEMATIZE IT.

AND THE TOWN'S CODE HELPS US INTO TAKING A QUICK, UH, UH, A LOOK OF WHAT WE'RE, WHAT WE'RE TAKING AWAY AND WHAT WE'RE, UH, UH, REPLANTING.

AND IF, UH, I PROPOSED, UH, I, I GAVE AARON AN ANALYSIS BASED ON THE LATEST TREE ORDINANCE, UM, THAT GIVES, UH, A VALUE TO EACH TREE.

THE TOTAL, THE TOTAL VALUE OF THE EXISTING TREES, FOR EXAMPLE, IN GALLONS OF ABSORPTION OF WATER IS 17,000.

UH, IN TERMS OF POUNDS OF C O TWO IS 1700.

WHAT WE'RE PROPOSING GIVES US 21,000 AS COMPARED TO 17.

SO WE'RE EX EXCEEDING WHAT, WHAT EXISTS, THE BENEFITS OF WHAT EXISTS IS 17.

THE BENEFITS OF WHAT WE'RE GOING TO PRODUCE IS 21,000.

AND, UH, FOR, FOR CO AS I SAID, IT'S 1700, WE'RE REMOVING 1700, BUT WE'RE INTRODUCING 3,400.

SO IN TERMS OF PERCENTAGES, WE'RE, WE'RE, WE'RE IMPROVING FOR POUNDS OF CO WE'RE IMPROVING 200%, AND FOR POUNDS OF, FOR GALLONS OF WATER, WE'RE IMPROVING 125%.

IN OTHER WORDS, THE, THE, THE MATH, THE MATH OF WHAT IS BEING TAKEN AWAY ACCORDING TO THE TOWN CODE, UH, UH, COMPUTER VALUES OF THE, OF THIS VERY NICE THREE SYSTEM AND ANALYSIS.

AND COMPARED TO WHAT WE'RE PUTTING BACK, WE'RE, WE'RE PUTTING BACK MORE THAN WHAT IS THERE, THERE'S OTHER ADVANTAGES IN DOING, UH, WORK IN THESE OLDER, UH, UM, NOT SO PRODUCTIVE GROUNDS.

WE WILL BE INTRODUCING GRASSES, WE'LL BE INTRODUCING FOUNDATION PLANTING.

THERE IS, THERE IS ALSO, UH, UH, UH, IN ADDITION TO THE AESTHETICS OF IT, THERE'S ALSO PRODUCTION AND WATER RETENTION TO THOSE PARTICULAR ELEMENTS, WHICH WE'RE NOT COUNTING IN.

UM, AND AGAIN, JUST JUST TO, UH, REPEAT MYSELF, THE, THE AMOUNT OF THE DRAINAGE IMPROVEMENTS THAT WE'RE PROPOSING HERE, HERE ARE FAR ABOVE WHAT WE ARE MINIMALLY REQUIRED TO DO.

SO, UM, WE'RE DOING ALL THAT IN, IN RE WITH RESPECT TO THE NEIGHBORS AND WITH CONCERN TO THE NEIGHBORS AND TO THE LOT.

UM, BASICALLY WHAT I'M SAYING IS THE, THE, THE, THE, THE PRESENTATION IS JUST SHOWS THAT WE MATHEMATIZE THE TREES, THE, THE, THE, THE VALUE THAT WE'RE ADDING AND, AND WE CAME OUT, UH, SUCCESSFUL AND YES.

OKAY.

OKAY.

BUT THANK YOU FOR THAT SUMMARY.

BUT THERE'S ONE COMMENT THAT YOU MADE THAT I JUST WANNA MAKE SURE THAT, UH, YOU ARE AWARE OF THAT YOU SAID THAT DURING CONSTRUCTION YOU MIGHT REMOVE MORE ROCK, IF THAT'S THE CASE.

THERE IS, YOU HAVE TO BE AWARE THAT YOU MIGHT HAVE TO GO BACK AND, AND ADJUST THAT IN YOUR STEEP SLOPE PERMIT IF YOU ARE REMOVING MORE ROCK THAT YOU'RE PERMITTED TO DO.

UH, AARON, YOU HAD SOMETHING TO SAY.

YEAH, I DID.

SO JUST A COUPLE OF COMMENTS AND I, AND I APPRECIATE THAT ONE CHAIRPERSON, SIMON, AND, YOU KNOW, STAFF WILL CONTINUE TO KEEP IN TOUCH WITH MR. ESS AND ANYONE THAT AT A FUTURE POINT THAT LOOKS TO BUILD ON THIS SITE FOR SURE.

UH, THE COUPLE OTHER THINGS I WANTED TO ADD IS, MR. ESS SAID, YOU KNOW, WE CAN ONLY WIDEN THE ROAD OR ONLY HAVE THE ABILITY AT THIS TIME TO WIDEN IT BASED ON WHAT THE PLAN SHOWS.

AND I DON'T, LET ME SEE IF I CAN JUST GO BACK TO THAT DRAWING.

UM, I JUST WANTED TO CLARIFY BECAUSE, UM, THE, THIS, THIS BOARD, THE PLANNING BOARD STRONGLY SUGGESTED THAT THE APPLICANT, UH, REACH OUT TO THE VILLAGE OF ARDSLEY BECAUSE IT DOES OWN A STRIP OF LAND THAT GOES THE, THE TOWN AND AND VILLAGE BOUNDARY LINE IS HERE AND, AND RUNS THROUGH THE PROPERTY, BUT THE OWNER ACTUALLY, AND THE PROPERTY EXTENDS INTO THE VILLAGE.

SO QUESTION WAS, CAN YOU INSTEAD OF TAPERING IT OFF AT THE EDGE OF WHERE THE MUNICIPAL BOUNDARY LINE IS, CAN YOU CONTINUE THE WIDENING INTO THE VILLAGE? YES.

AND THAT'S NOT ON THIS PLAN, BUT THERE WAS DISCUSSION WITH, UM, THE VILLAGE ENGINEER, AND MAYBE MR. ESCALADES CAN TOUCH ON THAT VERY BRIEFLY, UM, JUST TO REMIND EVERYONE AND, AND LET MEMBERS OF THE PUBLIC THAT, THAT WEREN'T, UH, PERHAPS WEREN'T ON THE OTHER MEETINGS, UNDERSTAND IT.

AND THEN ULTIMATELY, UH, IF THIS PROJECT WERE APPROVED, THAT VERY WELL COULD BE BECOME AN ELEMENT OR A CONDITION OF ANY APPROVAL OF THE BOARD.

AND, AND PERHAPS THEY'D EVEN WANT TO SEE

[00:50:01]

IT ON A, ON A REVISED PLAN FOR A FINAL.

THE THE OTHER THING THAT I'D STATE IS THAT WITH RESPECT TO LANDSCAPING, UM, MR. ODIS IS ABSOLUTELY CORRECT.

WE DID RUN THROUGH THOSE NUMBERS AND I, I REVIEWED THEM.

AND, BUT THE ONE THING TO BE CLEAR ON, AND, AND IT CERTAINLY MEETS THE NEW TREE ORDINANCE, IT'S JUST TO STATE THAT, AND I THINK WE ALL KNOW THIS, BUT I JUST WANT IT TO, TO BE ON THE RECORD, THAT, YOU KNOW, CLEARLY THEY'RE GONNA BE REMOVING LARGER TREES AND IT, AND, AND, AND THOSE DO SOAK UP WATER AND, AND REMOVE C O TWO FROM THE ATMOSPHERE.

TREES AT THEIR PLANTED SIZE ARE NOT GOING TO BE ABLE TO REPLICATE, UM, THE, THE AMOUNT OF STONE WATER ABSORPTION IN THE C O TWO REMOVAL AT THE TIME OF THEIR PLANTING.

WHAT THE CODE PROVIDES IS A CREDIT, WHAT WE CALL A MID MATURITY CREDIT.

SO IT GIVES SOME CREDIT TO THE PROPERTY OWNER THAT OVER TIME THEY WILL CARE FOR AND MAINTAIN THE TREES, AND, UM, SO THAT THEY CAN GROW TO A FULLY MATURE SIZE.

WE GIVE WHAT WE CALL A MID MATURITY CREDIT.

SO, UM, DOWN THE ROAD, YOU KNOW, IT, IT MAY NOT BE FOR 10, 15, 20 YEARS, BUT, BUT AT SOME FUTURE POINT, THE ENVIRONMENTAL BENEFITS OF THE TREES BEING PLANTED WILL OUTPRODUCE THOSE OF THE TREES THAT ARE PROPOSED FOR REMOVAL.

SO I JUST WANTED TO MENTION THAT AS WELL.

AND, UM, I CAN TURN THINGS BACK OVER TO, UH, MEMBERS OF THE BOARD OR MR. ESCALADES.

AGAIN, I WANTED TO MAKE SURE THAT WE DO GET TO THE MEMBERS OF THE PUBLIC AS WELL.

AND JUST TO ADD TO, YEAH.

OKAY.

JUST TO ADD TO THAT, THE, THE DRAINAGE HAS BEEN INCREASED FOR THAT REASON.

THANK YOU FOR SAYING THAT.

OKAY.

AND ANY MEMBERS OF THE BOARD LIKE TO COMMENT ON THIS BEFORE I TURN IT OVER TO THE PUBLIC? NO.

UH, UM, I JUST, BEFORE WE, I TURN IT UP TO, UP TO THE PUBLIC, I JUST WANNA REMIND MEMBERS OF THE PUBLIC THAT WE DO NOT HAVE A TIME LIMIT ON, UM, ON SPEAKERS.

UH, BUT WE DO ASK THAT YOU DO NOT REPEAT YOURSELF, UH, BE CONCISE AND SPEAK TO THE ISSUE AT HAND.

SO YOUR COMMENTS SHOULD RELATE SPECIFICALLY TO THE APPLICATION.

OKAY.

UH, WITH THAT IN MIND, I WELCOME THE FIRST SPEAKER WE HAVE AND JUST STATE YOUR NAME AND ADDRESS FOR THE RECORD.

I'M SORRY, MR. SMITH, DID YOU CALL ME? I DID.

THANK YOU.

THANK YOU, MR. DIXON.

YES, THANK YOU.

YOU'RE WELCOME.

MY, MY NAME IS JIM DIXON.

I LIVE AT 25 SPRINGWOOD AVENUE.

UM, AND SO IN THIS PROCEEDING, MY CONCERN HAS BEEN FOR SPRINGWOOD AVENUE ON THE EFFECT THAT THE DEVELOPMENT WILL HAVE ON IT.

UH, I APPRECIATE MR. ESCALANTE'S MEETING WITH ME.

I THINK IT WAS A PRODUCTIVE MEETING, AND, UH, UH, I THINK HE UNDERSTANDS MY CONCERNS, BUT I WANNA PUT THEM ON THE RECORD.

THERE ARE THREE IN PARTICULAR THAT I DO WANT TO, UH, OUTLINE FOR THE BOARD.

UH, THE FIRST IS THAT, UM, THE EFFECT THAT WILL, THAT CONSTRUCTION WILL HAVE ON ACCESS AND ON THE ROADWAY, UH, IS A MAJOR CONCERN, I THINK FOR MYSELF AND MY NEIGHBORS.

I SPOKE TO MR. ESCALANTE ABOUT THIS, AND I ENCOURAGED THE BOARD TO CONSIDER A LAY DOWN AREA THAT WILL BE USED IN THE, UH, WITHIN THE FOOTPRINT OF THE DEVELOPMENT FOR THE PERIOD OF TIME THAT THE CONSTRUCTION IS GOING ON, SO THAT TRUCKS AND MATERIALS AND OTHER ACTIVITIES AREN'T CONDUCTED ON THE ROAD, BUT RATHER ARE CONDUCTED SOMEWHERE WITHIN THE FOOTPRINT OF THE DEVELOPMENT.

UM, AND, UH, WILL, I THINK BY, BY DOING THAT, WILL LESSEN THE EFFECT ON THE ROAD.

ANY, I THINK ALL THE MEMBERS OF THE BOARD HAVE BEEN DOWN THIS ROAD.

THEY'VE LOOKED AT IT, THEY'VE SEEN THAT THE POINT OF THE, UH, CURB CUT THAT'S PROPOSED FOR THIS DEVELOPMENT IS AT THE NARROWEST POINT OF THE ROAD.

UM, AND, UH, IT WILL BE A CHOKE POINT, AND IT WILL BE A PROBLEM FOR NOT ONLY THE, UH, PEOPLE WHO LIVE AT THE END OF THE ROAD LIKE MYSELF, BUT ALSO EMERGENCY VEHICLES THAT NEED TO GET DOWN THE ROAD IF, IF THERE IS, UH, SUCH A NEED DURING THE CONSTRUCTION.

SO I ASK THAT THAT BE CONSIDERED BY THE BOARD IN APPROVING ANY PLANS HERE.

UH, THE SECOND POINT THAT I WANNA MAKE IS, IS, UM, ACTUALLY BUILDING OFF OF A POINT THAT MR. SCHMIDT HAD MADE, UH, EARLIER, AND THAT CONCERNS THE TAPER.

UH, RIGHT NOW THE TAPER IS CONCEPTUALIZED.

IT'S NOT, UH, ACTUALLY DESIGNED.

AND, UH, OUR CONCERN IS THAT, UM, WHATEVER IMPROVEMENT IS MADE TO THE ROAD THERE, THAT IT'D BE MADE OUT TO 20 FEET, UM, OR FARTHER IF POSSIBLE.

UM, AND WHATEVER IS NECESSARY TO DO THAT, BE CONSIDERED BY THE BOARD AND BY THE TOWN, UH, IN IMPROVING THIS PROJECT.

LAST POINT I WANNA MAKE IS,

[00:55:01]

UH, IF YOU COULD BRING UP THE PREVIOUS, UM, UH, PLAN THAT YOU HAD, MR. SCHMIDT, I'D APPRECIATE IT.

UM, YOU'LL NOTICE THAT FROM THE TOP OF THE DRIVEWAY TO THE BOTTOM OF THE DRIVEWAY, THERE'S A DIFFERENTIAL OF, UH, SIX TO EIGHT FEET IN ELEVATION.

UH, THIS DRIVEWAY WILL COLLECT WHATEVER WATER, UM, FLOWS TO IT, AND IT WILL BECOME A S SLCE, AND IT WILL DEPOSIT THAT WATER AT THE CURB CUT FOR, UM, SPRINGWOOD AVENUE.

I TALKED TO MR. ESCALANTE ABOUT A MODIFICATION OF THE STORM WATER PLAN IN ORDER TO PROVIDE SOME TRENCHING ACROSS THE LENGTH OF THE DRIVEWAY AT THE BOTTOM WHERE HE NOW PROPOSES THE DRY WELL, UH, TO THE UPPER PART OF THAT PICTURE.

THANK YOU, MR. SCHMIDT.

UM, AND THAT, UM, THERE'LL BE A TRENCH WAY ACROSS THE WIDTH OF THE DRIVEWAY THAT WOULD, UH, ALLOW WATER TO FLOW THEN RATHER ONTO SPRINGWOOD AVENUE THAN FLOW INTO THE, UH, INTO THE DRYWALL.

UH, THOSE CONCLUDE MY COMMENTS.

THANK YOU FOR THE OPPORTUNITY CHAIRMAN SIMON.

THANK YOU.

DO WE HAVE ENOUGH ANOTHER SPEAKER WISH TO SPEAK TO THIS? UM, YES.

MY NAME IS LEONARD HERMAN AT 75 EUCLID AVENUE, AND I WOULD LIKE TO SPEAK ON THIS ISSUE.

PLEASE GO AHEAD.

UM, I AM DOWN THE HILL FROM SPRINGWOOD, AND MY CONCERN IS BOTH THE RUNOFF AS WELL AS, UM, WATER THAT'S NOT GONNA BE ABSORBED BY THE EXISTING TREES.

AS I UNDERSTAND IT FROM THE INFORMATION, THERE'S GONNA BE A 10 TO 15 YEAR PERIOD BEFORE YOU'LL HAVE THE SAME AMOUNT OF WATER ABSORPTION FROM THE TREES THAT ARE BEING PLANTED.

CURRENTLY, AFTER ANY LARGE RAINFALL, I HAVE UNDERGROUND STREAMS THAT COME OUT FROM MY, UM, WALL NEAR MY DRIVEWAY AND SPILL ONTO THE STREET.

THESE DRY OUT WHEN IT'S NOT RAINING, AND THEY ONLY COME BACK AFTER HEAVY RAINFALLS.

MY CONCERN IS THAT THIS PROJECT IS ONLY GONNA EXACERBATE THE SITUATION.

I'M CONCERNED BOTH ABOUT THE RUNOFF FROM THE PROPERTY AS WELL AS THE WATER THAT'S NOT GONNA BE ABSORBED BY THE EXISTING TREES.

UM, AND THAT CONCLUDES WHAT I HAVE TO SAY.

THANK YOU VERY MUCH.

UM, DO YOU HAVE ANYONE ELSE? WE, DO WE HAVE MR. PIUS FIRST FOLLOWED BY MS. MINOR.

HOLD ON A SECOND.

OKAY.

HELLO? AM I LIVE? ALL RIGHT, GREAT.

UH, NICHOLAS PIUS, 23 SPRINGWOOD AVENUE.

UM, YEAH, SO I, I HAVE MANY CONCERNS MOSTLY, UH, REGARDING THE, UH, THE STORMWATER RUNOFF, UM, AND THE TREES.

UH, AARON, UM, I, I LIKE YOUR PLAN THAT YOU'RE, YOU'RE PLANTING A LOT OF TREES AND, AND PUTTING IN THAT TOWN COLD.

I THINK THAT'S EXCELLENT.

HOWEVER, UM, BY THE TIME I SEE THOSE BENEFITS, I WILL BE WELL INTO MY RETIREMENT AGE.

AND, UM, WE'RE TALKING 15 TO 20 YEARS FOR A SOMEWHAT MATURE TREE.

WE'RE NOT TALKING ABOUT OAKS BEING MATURE OAKS, MAPLES, LARGE TREES OF THESE SOURCE THAT HAVE DEEP ROOT TAPS, UM, HAVE SO MANY OTHER BENEFITS AS WELL, BUT SPECIFICALLY WATER, UM, INTERCEPTION THAT'S VERY IMPORTANT, ESPECIALLY FOR THOSE OF US WHO DO LIVE DOWNHILL.

NOW, FOR ME, I'M OKAY, YOU KNOW, MY, THE WATER ON MY PROPERTY, IT DOESN'T BOTHER MY HOUSE, BUT ALL THE NEIGHBORS, I HAVE TO THINK ABOUT THEM.

I HAVE TO BE A GOOD NEIGHBOR.

I HAVE TO BE A GOOD PERSON FROM MY NEIGHBORHOOD.

I HAVE TO THINK OF THOSE LIVING FURTHER DOWN THE HILL.

UH, LIKE THE GENTLEMAN FROM EUCLID.

UM, WHAT WE DO IMPACTS EVERYBODY ELSE.

NOW, IF I WAS A DEVELOPER AND I WANTED TO KNOCK DOWN A LOT OF TREES, I DEFINITELY GO WITH, YOU KNOW, THE ROUTE THAT HAS BEEN TAKEN.

NOW, UM, IS IT POSSIBLE TO SHARE MY SCREEN BECAUSE I HAVE SOMETHING THAT I WOULD LIKE TO SHOW? WELL, IF IT'S DIRECTLY RELATED, IT'S IT'S DIRECTLY APPLICATION.

YEAH.

AND THE ISSUE IS, THE ISSUE, AS I SEE IT, AS EXPRESSED BY THE TWO PREVIOUS, UH, SPEAKERS, IS WHETHER OR NOT THE CURRENT DESIGN WILL CAP WILL APPROPRIATELY CAPTURE THE RUNOFF.

RIGHT.

IT'S PERFECT THAT THE CONCERNS THE PRE AND SO YOUR, YOUR, YOU SHOULD BE ADDRESSING THAT, WHETHER OR NOT EXACTLY.

YES.

AND THAT'S WHAT I WOULD LIKE TO ADDRESS.

YES, PLEASE.

YES.

SO I WOULD LIKE TO SHARE MY SCREEN IF YOU COULD GIVE ME PERMISSION TO THAT.

SURE.

ALL RIGHT.

LET'S SEE HERE.

YES, WE'VE ALLOWED THAT.

ALL RIGHT.

LET'S SEE.

UH, ARE YOU GUYS SEEING MY SCREEN YET? OKAY, LET'S SEE HERE.

NO, NOTHING LEFT.

HMM.

OKAY.

LEMME SEE SOMETHING

[01:00:01]

HERE.

I DON'T KNOW WHY IT'S NOT ALLOWING TO SHARE.

OKAY.

SO, UH, GENERALLY SPEAKING, UM, THERE'S A LOT OF TREES THAT ARE, UM, NOT LISTED ON THAT DIAGRAM THAT YOU HAVE THERE, UM, AS FAR AS, UH, WHERE ALL THOSE XS ARE AND ALL THOSE TREES TO BE REPLANTED ARE.

UM, SO I WAS WONDERING IF YOU COULD, I DON'T KNOW WHY THIS IS NOT WORKING.

I HAVE A WHOLE THING HERE.

I DON'T KNOW WHY IT'S NOT ALLOWING THE, UM, SCREEN SHARE, BUT I GUESS YOU COULD SHARE THOSE SCREEN.

AND IF YOU SHOW, UM, THE TREE PLANTING DIAGRAM, IF YOU COULD PULL THAT UP FOR EVERYONE TO SEE, I WOULD, UH, APPRECIATE THAT.

I WILL JUST ONE MOMENT, AND, AND I MIGHT ADD WHILE I'M, WHILE I'M PULLING THIS UP, YOU KNOW, THERE HAVE BEEN NOW A COUPLE OF FOLKS THAT HAVE SPOKEN ABOUT, UH, THE TREES AND THE FACT THAT THERE, UM, YOU KNOW, IT WILL TAKE TIME FOR THE NEW TREES TO ABSORB THE AMOUNT OF STORMWATER THAT THE EXISTING TREES ABSORB.

THE TOWN'S, UM, STORMWATER MANAGEMENT REGULATIONS DO NOT EVEN TAKE THE NEW TREES INTO ACCOUNT.

THE APPLICANT IS OBLIGATED TO ENSURE THAT THERE'S NO ZERO INCREASE IN WATER RUNOFF FROM THE SITE POST-DEVELOPMENT WHEN COMPARED TO PRE-DEVELOPMENT.

AND WE CAN, YOU KNOW, I'M NOT, I'M NOT AN ENGINEER, SO I'M NOT GOING TO SPEAK TO THAT.

WE CAN HAVE MR. ESCADA SPEAK TO THAT IF THERE'S A QUESTION, BUT I JUST WANTED, UH, TO REMIND THE BOARD MEMBERS AND TO INFORM THE MEMBERS OF THE PUBLIC OF THAT.

SO THE, THE TREES, AND AS THEY GROW, THAT'S JUST A, AN ADDED BENEFIT.

UM, IT'S OBVIOUSLY AN AESTHETIC BENEFIT, AND I'M AN ARBORIST, SO I TRY AND GET FOLKS TO PLANT, YOU KNOW, AS MANY NICE TREES AS POSSIBLE ON THEIR PROPERTY.

BUT, UH, LET ME SHARE THIS SCREEN AND WE'LL GO TO THE TREE REMOVAL AND LANDSCAPING PLAN.

HERE WE GO.

CAN, CAN YOU ALL SEE THAT? YES.

OKAY.

SO, OKAY.

WHEN, WHEN YOU START TO, UM, LOOK AT WHERE THAT BIG ROCK IS TOWARDS SPRINGWOOD AVENUE, UM, ALL ALONG THAT LINE, THERE'S A WHOLE BUNCH OF TREES THERE.

AND RIGHT BEHIND THEM, THERE'S A LOT MORE TREES THAT ARE BEING REMOVED.

UM, THOSE AREN'T LISTED ON THE PROPERTY.

UM, WHO, IF, IF YOU GUYS LIKE SPORTS, YOU'LL BE FAMILIAR WITH TWO DIFFERENT THINGS.

OFFENSE AND DEFENSE, RIGHT? THESE TREES PROVIDE DEFENSE, RIGHT? THEY DID.

THEY PROVIDE DEFENSE FOR STORMWATER RUNOFF, UM, FOR TAKING CARBON DIOXIDE OUT OF THE AIR.

AND MOST IMPORTANTLY, RIGHT NOW, UH, FOR THE FLOODING, IF I HAVE ALL THESE BEAUTIFUL PICTURES THAT UNFORTUNATELY I CAN'T SHOW WITH YOU, UM, WHEN WE HAD OUR LAST STORM, WHICH WAS SUPPOSED TO BE, YOU KNOW, A HUNDRED YEAR OR WHATEVER YOU GUYS ARE THE SCIENTISTS, I DON'T KNOW, UH, STORM, I REMEMBER THE SAME TYPE EFFECT LESS THAN 15 YEARS AGO WHEN I MOVED IN, ALL OF THE SAWMILL FLOODED DOWN.

AND THAT HAS TO DO WITH YOUR OVERDEVELOPMENT, UM, TAKING AWAY ALL THESE TREES TO INTERCEPT ALL THAT STORM WATER.

AND GUESS WHAT? ALL THESE GUYS ON EUCLID AVENUE AND FURTHER DOWN THEIR BASEMENTS ARE FLOODING.

THEY HAVE STREAMS OF WATER GOING THROUGH THEIR PROPERTY.

WHEN YOU TAKE AWAY ALL THIS DEFENSE THAT IS ADDING TO WHAT THEY ALREADY HAVE, YOU'RE DESTROYING THE PROPERTY, DESTROYING THE ROOT SYSTEM, DESTROYING THE STEEP SLOPES.

ALL THAT WATER IS NOW CASCADING DOWN.

AND THIS IS NOT A NECESSITY PROJECT.

THIS IS A AGREED PROJECT.

THIS IS ABOUT MONEY.

UM, SO LET'S CALL IT WHAT IT IS.

THERE'S, WELL, LET'S, UH, AND LET'S STICK TO THE POINT.

YEAH.

SO THE POINT IS, LET ME FINISH.

PLEASE.

LET'S, UH, WHETHER OR NOT THERE'S AN ECONOMIC ADVANTAGE TO DEVELOP OR NOT, THAT'S IMMATERIAL TO WHAT WE, AND HOW WE DEVELOP, UH, UH, UH, UH, JUDGE THIS PROPERTY, THE BASELINE IS CONSIDERING THE STEEP SLOPES, THE TREE REMOVAL, UH, THE DRAINAGE SYSTEM.

ARE IT, DOES THIS PROJECT ADD ANY ADDITIONAL WATER TO THE SURROUNDING PROPERTIES? THAT'S THE ISSUE.

DOES IT, REGARDLESS OF HOW MANY TREES ARE LEFT UP OR TAKEN DOWN, REGARDLESS OF WHAT THE, THE DRAINAGE SYSTEM DESIGN IS, THE BOTTOM LINE IS, IS ANY ADDITIONAL WATER LEAVING THIS PROPERTY? AND THAT'S WHAT WE SHOULD BE FOCUSING ON.

RIGHT? AND YOUR ANSWER IS GOING TO BE 100%.

ABSOLUTELY.

YES.

I PLUGGED IN SEVEN TREES INTO MY TREE BENEFITS CALCULATOR, WHICH IS EXACTLY THE SAME SYSTEM THAT YOU USE.

AND I CAME UP WITH 17,528 GALLONS OF RAINFALL INTERCEPTED.

NOW, STOP RIGHT NOW.

EXCUSE ME.

I WE'RE GOING AROUND IN CIRCLES IN GETTING TIRED OF IT.

OKAY? YOU DIDN'T LISTEN TO WHAT MR. SCHMIDT JUST TOLD YOU.

OKAY? YOU KEEP FOCUSING ONLY ON THE TREES.

THERE'S A DRAINAGE SYSTEM BEING INSTALLED AT THE SAME TIME.

[01:05:01]

THE CALCULATION IS MADE BEFORE WE REPLACE THE TREES, AFTER WE TAKE OUT THE TREES AND THE DRAINAGE, THE NEW DRAINAGE SYSTEM HAS TO TAKE UP THE DIFFERENCE OF, OF THE DRAINAGE.

OKAY? AND YOU'RE SAYING IT'S ALL GONNA CASCADE DOWN.

THAT'S NOT TRUE.

OKAY.

NO, IT'S JUST NOT TRUE.

OKAY.

OKAY.

MR. MR. SCHWART.

YEAH.

AND YOU, YOU KEEP FOCUSING ON THE TREES, MR. SO IF YOU'RE JUST GONNA FOCUS ON THE TREES, STOP, THERE'S NO MORE REASON FOR DISCUSSION, RIGHT? SO, MR. SCHWARTZ, I THINK YOU'RE A HUNDRED PERCENT CORRECT.

HOWEVER, THE CALCULATIONS THAT ARE BEING SUBMITTED ARE NOT QU THEY'RE NOT ACCURATE.

WHAT I'M TRYING TO, WHAT I'M TRYING TO SAY IS THAT WELL, WHAT YOU, OKAY, WHAT I'M TRYING TO SAY IS THAT IF, LEMME INTERRUPT YOU AGAIN, IF YOU HAVE EVIDENCE THAT THE CALCULATION IS INACCURATE, THEN SUBMIT THAT TO THE BOARD.

SUBMIT, GIVE THAT TO MR. ESCALADE SO HE COULD GO OVER THOSE CA WE'RE NOT GOING TO HAVE A DEBATE ON THE CALCULATION PRODUCE THE DATA AND WE'LL EVALUATE, BUT WE ARE NOT GOING TO, UH, UH, GO INTO A DEBATE OF WHOSE CALCULATION OR CORRECT.

WE HAVE AN ENGINEERING DEPARTMENT.

WE HAVE, UH, MS. ESTA, YOU GIVE US THE, THE DATA AND IT WILL BE A VALUE, BUT WE'RE NOT GONNA DEBATE THE, UH, THE, THE DATA HERE.

RIGHT.

IS THERE A FORESTRY OFFICIAL THAT WORKS FOR THE TOWN OF GREENBERG? YES.

YES, THERE ARE MULTIPLE.

OKAY.

IS THIS PROJECT CERTIFIED THAT THESE THE DATA THAT IS BEING SUBMITTED IS ACCURATE? YES.

UH, BY ME AS A CERTIFIED ARBORIST.

OKAY.

'CAUSE I DID A QUICK CALCULATION AND OKAY.

I SAID IF YOU HAVE THE CALCULATION, SUBMIT THE DATA.

WILL, DO I HAVE IT RIGHT NOW? I JUST CAN'T SHARE THE SCREEN WITH YOU.

NO, BUT IT'S UNNECESSARY.

IT'S THE RECORD.

SEND IT IN.

I'M NOT GOING TO KNOW, UH, SPEND ANY MORE TIME ON IT.

BUT I JUST WANT MR. PARAIS TO REALIZE THERE ARE A NUMBER OF INPUTS THAT GO INTO FORMULATING THE CALCULATIONS.

SO IF YOU INSERT, YOU KNOW, AN 18 INCH RED OAK TREE THAT'S IN EXCELLENT, PRISTINE CONDITION VERSUS AN 18 INCH OAK TREE THAT IS IN A SHADED AREA AND IN FAIR CONDITION, YOU'RE GONNA COME UP WITH QUITE DIFFERENT RESULTS IN TERMS OF THE ENVIRONMENTAL BENEFITS.

SO I WANTED YOU TO BE AWARE OF THAT.

THANK YOU.

YES, I AM.

THANK YOU.

OKAY.

I'M DONE.

IS THERE ANY OTHER THING YOU WISH TO SAY? NO, HE SAID HE WAS DONE, BUT, UH, SOMETHING I, I WILL JUST, COULD WE RECOGNIZE THE NEXT SPEAKER THEN? AND HERE AGAIN, WE, WE ARE NOT GONNA REPEAT WHAT WE'RE NOT, WE JUST SAID WANNA REPEAT, BUT THE SAME THING APPLIES.

WALTER DAVID HAD SOMETHING TO SAY FIRST, I BELIEVE.

OKAY.

YEAH.

WHAT I WAS SIMPLY GONNA SAY AGAIN, IF YOU HAVE DOCUMENTATION, SCIENTIFIC DOCUMENTATION, SUBMIT THAT, THAT'S PART OF WHAT THE PUBLIC RECORD IS ABOUT.

IT GOES IN AND IT WAS, THEY SAID BY SEVERAL, SEVERAL PEOPLE THERE, UM, THE PURPOSE IS NOT FOR ARGUMENTS, NOT FOR BACK AND FORTH, UM, MAKE, YOU KNOW, EVERYONE SHOULD MAKE THEIR STATEMENTS.

BUT, UH, DON'T START SAYING, WELL, I HAVE THIS, THIS, THIS, AND THIS.

INSTEAD OF SAYING, I HAVE IT, SUBMIT IT.

WE'LL LOOK AT IT.

RIGHT? MEAN THE NUMBER HE QUOTED IS THE SAME.

I GAVE YOU 17,000, SO I OKAY.

BUT FOR SEVEN TREES, AS I SAID, IN INDICATED SEVEN, NOT 20, WE'RE NOT GONNA DEBATE THE ISSUE HERE.

IF THERE ARE ADDITIONAL DATA SUBMITTED AND IT WILL BE EVALUATED.

OKAY.

LET'S, LET'S MOVE ON TO THE NEXT SPEAKER.

UH, IT'S, I JUST WANNA SAY A QUICK COMMENT.

UH, JOIE JOSIE PER IS 23 SPRINGWOOD AVENUE, DESPITE THE HOW MANY TREES WILL BE CUT, THE RUNOFF, ANY OF THE COMMENTS IN WHAT WE WERE TALKING ABOUT AND ALL THE SPEAKERS I HAVE SPOKEN SO FAR.

JUST, JUST WANNA SAY THIS, IF MOST OF THE PEOPLE ON THE BLOCK WHERE SOMETHING IS BEING BUILT DON'T REALLY WANT THAT PROPERTY, DOES THAT MATTER AT ALL? BECAUSE IT DOESN'T, IT, IT, I JUST WANNA, IN FACT, IS LEMME ASK YOU YOUR QUESTION.

LEMME ASK YOU A QUESTION.

LEMME JUST FINISH IT.

I'LL, I JUST WANNA FINISH.

I'LL ASK, YOU ASKED THE QUESTION.

LET ME, I'LL GIVE YOU THE ANSWER.

YOU ASKED IF A LOT, IF MOST OF THE PEOPLE ON THE BLOCK DO NOT LIKE A PROJECT, DO, DOES THAT MEAN THE PROJECT WILL BE STOPPED? NO.

WE NOT, WE BASE WHETHER WE BASED, UH, OUR DECISION ON THE FACTS, REGARDLESS IF IT IS POPULAR OR UNPOPULAR, WE HAVE TO GO BY THE CODES.

[01:10:02]

AND I, THAT'S ONE OF THE REASONS WHY I SAID SUBMIT THE DATA, BECAUSE WE HAVE TO BASE OUR DECISIONS ON THE DATA.

THEIR AMPLE CASE LAW WERE PLANNING BOARDS IGNORED THE FACT AND MADE A DECISION BECAUSE THAT IS WHAT THE RESIDENTS WANTED.

AND, UH, IT WAS THROWN OUT OF COURT.

AND THE JUDGE GAVE A STERN REBUKE OF THE PLANNING BOARD FOR NOT FOLLOWING THE LAW, NOT FOLLOWING THE CODE, AND MAKING A DECISION BASED UPON POPULARITY.

SO WE DO NOT MAKE OUR DECISIONS BASED UPON POPULARITY.

WE BASE IT ON THE CODE, WE BASE IT ON THE DATA.

UM, WALTER, CAN, CAN I ADD TO THAT? PLEASE.

YES.

I, I'M DYING TO SAY THIS.

LOOK, NONE OF US LIKE TO SEE TREES COME DOWN.

UM, YOU KNOW, I GREW UP NEXT TO AN EMPTY LOT WE PLAYED IN UNTIL SOMEONE BUILT A HOUSE.

WASN'T HAPPY ABOUT IT.

THE FACT IS, IN MOST CASES, LANDOWNERS HAVE THE RIGHT TO BUILD ON A PIECE OF LAND THAT THEY OWN, AS LONG AS THEY MEET CERTAIN REQUIREMENTS.

OUR BOARD IS NOT EMPOWERED TO TELL SOMEONE THEY CAN'T DO IT IF IT'S ALLOWED BY LAW.

WHAT WE CAN DO IS TRY TO MITIGATE THE IMPACT AS MUCH AS POSSIBLE.

STORM WATER, UM, TRAFFIC, UH, DISTURBANCE TO THE NEIGHBORHOOD, WHATEVER, UH, OBJECTS ARE UNDER CONTROL, BUT WE CAN'T SAY YOU CAN'T BUILD IT 'CAUSE PEOPLE DON'T WANT IT.

KEEP IN MIND, ALL THE HOUSES WE LIVE IN, IF PEOPLE WERE LIVING IN HOUSES OR WANTS TREES, SOMEONE WAS PROBABLY UNHAPPY THAT THOSE WERE BUILT AT THAT TIME.

WE DON'T WANT TO SEE THE GREEN CANOPY DESTROYED.

WHAT GREENBERG HAS THAT MANY OTHER PLACES DON'T IS AT LEAST A CODIFIED ORDINANCE THAT TAKES INTO ACCOUNT WHAT THE EXISTING TREES CONTRIBUTE AND TRIES TO REPLACE IT TO THE GREATEST EXTENT POSSIBLE.

OBVIOUSLY IF YOU'RE PUTTING A STRUCTURE ON A PIECE OF PROPERTY, NOT AS MANY TREES CAN BE REPLACED, WHICH IS WHY THERE'S A ROBUST, UH, STORMWATER SYSTEM THAT'S REQUIRED.

NOW, YOU CAN DEBATE WHETHER IT ACTUALLY IS GONNA DO WHAT IT SAYS OR NOT, BUT WE HAVE TO, AS CHAIRPERSON SIMON SAID, FOLLOW THE ENGINEERS AND THE PEOPLE THAT MAKE THESE CALCULATIONS.

WE ARE NOT ENGINEERS OURSELVES.

SO I UNDERSTAND.

IT'S CLEAR, IT'S UNPOPULAR.

AND SOME PEOPLE WHO HAVE SPOKEN HAVE BEEN VERY UNHAPPY ABOUT IT.

WE CAN'T TELL THE, THE, UH, THE OWNER HE CAN'T BUILD JUST BECAUSE IT'S, IT'S NOT POPULAR NOW.

IT WAS SUGGESTED BEFORE, RIGHT? TO MAKE THINGS, UH, MORE BETTER FOR THE PEOPLE THAT LIVE ON SPRINGWOOD AVENUE TO HAVE IT HILLCREST HILLCREST ENTRANCE.

THAT'S WHERE, AND THAT WASN'T EVEN BROUGHT UP AGAIN, THAT WASN'T, UM, YOU KNOW, A CONSIDERATION BY, YOU KNOW, THE ENGINEER AND I WAS, THAT WAS JUST A SUGGESTION THAT, YOU KNOW, A LOT OF PEOPLE AND WE'RE TRYING TO MAKE THINGS BETTER FOR EVERYONE.

LIKE YOU SAID, YOU DON'T WANNA CUT DOWN TREES, BUT IF THAT WOULD MAKE, YOU KNOW, IF THEY HAVE THE ENTRANCE ON HILLCREST AVENUE WHERE OWNERS ACTUALLY HAVE IT.

YEAH.

OKAY.

CAN LET ME ADDRESS THAT, WALTER.

YEAH, PLEASE.

IT WAS, FIRST OF ALL, IT WASN'T A THOUGHT.

WE THOUGHT ABOUT IT.

NO, THAT'S WHAT I WANTED TO SAY.

IT WAS CONSIDERED, AND ACTUALLY THE AMOUNT OF DISTURBANCE TO THE, BECAUSE OF THE DIFFERENCE IN IN GRADE, THE AMOUNT OF DISTURBANCE WAS ACTUALLY GREATER THAN WHAT, THAN THE WAY IT WAS DONE.

SO, YOU KNOW, I WOULD APPRECIATE WHEN YOU UNDERSTANDING WHAT TREES CORRECT.

LIKE, LIKE THERE WERE A LOT OF FACTORS BESIDES TREES.

THERE'S ALSO ROCK.

OKAY.

THERE WERE A LOT OF FACTORS, AND IT WAS A VERY, VERY DIFFICULT TO PUT THE DRIVEWAY IN THAT, THAT, THAT DIRECTION AND WOULD'VE DESTROYED A LOT MORE OF THE TOPOGRAPHY TO DO IT.

OKAY.

I DON'T, I REALLY ASK YOU FOR TWO THINGS.

ONE IS, IS MR. UH, AS, AS TOM SAID, AND IT'S VERY, VERY IMPORTANT, PROPERTY OWNERS DO HAVE RIGHTS TO BUILD ON THEIR PROPERTY.

THAT IS, THAT IS IS NEW STATE LAW CASE LAW ONE AFTER ANOTHER.

OKAY? THIS IS NOT A POPULARITY CONTEST.

THERE ARE TIMES WE APPROVE THINGS THAT WE'D RATHER NOT APPROVE, BUT THEY HAVE A RIGHT TO DO IT.

AND AS TOM'S MR. HAYES SAID, WE REALLY DO TRY TO MITIGATE IT AS MUCH AS POSSIBLE, BUT IT'S NOT A, A POPULARITY CONTEST.

AND BEFORE YOU SAY SOMETHING EMPHATICALLY LIKE THIS WASN'T CONSIDERED, A LOT OF THINGS WERE CONSIDERED OKAY.

THAT THAT ALTERNATIVE WAS CONSIDERED AND REJECTED AFTER WE LOOKED AT WHAT KIND OF DISTURBANCES THAT WOULD CAUSE IT WAS, BECAUSE THAT WAS A LEGITIMATE QUESTION YOU GUYS BROUGHT UP.

WE LOOKED

[01:15:01]

AT THE ALTERNATE AND IT WAS ALMOST IMPOSSIBLE TO PUT A DRIVEWAY THERE BECAUSE OF THE GRADE.

AARON, GO AHEAD.

WOULDN'T IT BE LIKE ALSO CONSIDERATION NOT, NOT TO SUBDIVIDE AGAIN? NO, ACTUALLY NOT.

I THINK I, UH, AARON, I WOULD LIKE THE TO SPEAK.

YES.

THANK YOU.

SO FIRST I, AND I WOULD ACTUALLY ASK IF MR. FREE WANTED TO SAY SOMETHING.

MY ONLY COMMENT WAS THAT WE DO HAVE ANOTHER SPEAKER, RIGHT? WE DID RAISE HER HAND ABOUT 30 MINUTES AGO.

OKAY.

AND WE'VE BEEN WAITING.

LET'S MOVE ON.

YEAH, BECAUSE WE HAVE, WE HAVE, WE HAVE OTHER TOPICS THAT WE LIKE TO CONSIDER, BUT I JUST WANNA ENSURE, LIKE, YOU KNOW, THAT THESE ARE THINGS WE CONSIDER AND WE HAVE TO OPERATE ON.

THE FACT, I THINK THE, UH, THERE ARE TWO, THE, THE PREVIOUS SPEAKERS TALKED ABOUT TWO THINGS THAT WE REALLY NEED TO TAKE A LOOK AT, BUT ONE WAS THE DRAINAGE IN FRONT OF, UH, OF THE DRIVEWAY.

I THINK THAT'S, THAT'S A VERY GOOD THING WE NEED TO TAKE A LOOK AT.

AND THE FACT THAT WE NEED TO ACTUALLY PUT ON PAPER THE WIDENING OF THAT ROAD OR, UH, UH, COME TO SOME AGREEMENT AND THE WIDENING OF ROAD INTO OBJECT.

I MEAN, THAT'S SOMETHING THAT OF VALID POINTS THAT I HOPE THAT THE APPLICANT IS GOING TO TAKE A LOOK AT AND REVISE, UH, THEIR PLANS ACCORDINGLY.

THE CONSTRUCTION ENVELOPE TO WALTER, THAT WAS ALSO A VERY COMMENT, YEAH.

THE CONSTRUCTION.

YEAH.

THE OTHER THING IS WHETHER OR NOT YOU HAVE A CONSTRUCTION ENVELOPE, BECAUSE THE STREETS ARE VERY NARROW.

NARROW.

SO, I MEAN, THESE ARE THINGS THAT WE COULD, UH, UH, WE COULD, UH, REALLY EVALUATE.

I THINK THEY'RE EXCELLENT SUGGESTIONS.

UH, IS THERE SOMEONE ELSE, SOMEONE ELSE WHO WANTED TO SPEAK? THERE IS .

YES, I HAVE MY HAND RAISED.

WALTER, LET ME JUST SAY QUICKLY, THOSE THREE POINTS ARE ACTUALLY, ACTUALLY ACCEPTED BY US.

WE WILL ENLARGE, UH, WE WOULD ENLARGE IT AS LONG, UH, FOR THE LENGTH OF THE ENTIRE PROPERTY THAT WE CONTROL, AND WE WILL CHANGE THE DRAINAGE IN THE FRONT.

THAT'S A GOOD SUGGESTION.

TO A TROUGH DRAIN SO THAT WE CAN INTERCEPT ALL OF THE DRAINING, ALL THE SHEET FLOWS WILL BE INTERCEPTED AND, UM, DISCUSSION OF CREATING A WORK AREA, A FLAT AREA, A, A SUPPLIED DROP OFF AREA, UH, TO THE BEST THAT WE CAN ABSOLUTELY CAN BE SUGGESTED.

I WILL, I WILL ENDEAVOR TO DO THAT.

YES.

OKAY.

THANK YOU VERY MUCH.

I'M QUITE SURE THAT THE, THE RESIDENTS ALSO IS VERY PLEASED WITH, UH, WITH THAT ALSO MS. BY MS. BYNER HAS BEEN WAITING TO SPEAK VERY PATIENTLY.

YEAH, THAT'S WHAT I'M SAYING.

WHO, YEAH.

OKAY.

HI, 21 SPRINGWOOD AVENUE, 15 BYNER AND GARY BYNER.

I'M, I'M DRIVING, OTHERWISE I WOULD'VE PUT MY VIDEO ON, BUT I CAN'T.

OKAY.

I JUST PULLED OVER.

SO MY, MY MAIN CONCERN ONLY, AND I ALREADY HAD CALLED MR. ESCALADE ABOUT IT.

I HAVE ONE LARGE OAK TREE ON MY PROPERTY, AND IT JUST HAPPENED THAT I HAD ON AN ARBORIST COME OVER TO TELL ME WHAT, HOW MUCH I SHOULD TRIM BECAUSE OF THE STORM.

AND THEN HE MENTIONED TO ME THAT THE ROOTS ON THAT TREE, IT'S ALMOST LIKE QUARTER, TAKING UP QUARTER ON MY SIDE OF THE FRONT YARD.

AND HE SAID, BY THE WAY, THAT ROUTE EXTENDS TO YOUR NEXT DOOR PROPERTY, WHICH IS THE KAUFMAN.

AND I SAID TO HIM, OH, THAT'S INTERESTING.

THEY ARE PLANNING TO TAKE DOWN TREES.

AND HE SAID, I WOULD BE VERY LEERY ABOUT IT, DEPENDING ON HOW MUCH THEY'RE GONNA DIG DOWN TO KILL THE ROOT ON THEIR SIDE, YOUR TREE WILL EVENTUALLY FALL OFF.

SO I ALREADY SPOKE WITH MR. ESCALADE.

I CALLED HIM AND I SAID TO HIM, THAT'S MY CONCERN.

CAN YOU PLEASE TAKE THAT INTO CONSIDERATION AND TRY NOT TO TOUCH THE ROOTS ON THAT TREE OF YOURS, WHICH IS VERY CLOSE TO MY PROPERTY.

OKAY.

AND THAT JUST, I'M JUST MENTIONING IT FOR THE RECORDS.

HE WAS VERY KIND.

HE UNDERSTOOD MY CONCERN.

AND, UM, OTHER THAN THAT, I REALLY, I, I TRUST YOU GUYS THAT YOU ARE TAKING CARE OF EVERYTHING AS FAR AS THE RUNOFF AND THERE'S THE ROCKS AND ALL THIS STUFF.

UH, BUT I JUST WANNA SAY THAT MR. PARISH IS LIKE A PARISI.

I DON'T KNOW.

I ONLY KNOW HIM AS NICK AND THE JOSIE.

UM, HE IS, HE IS THE NEIGHBORHOOD WATCH AND WE TRUST HIM AND WE VALUE HIS OPINION AND HE CARES ABOUT OUR PROPERTIES.

AND THAT'S WHY HE STICKS HIS NECK WAY OUT.

AND IT SOUNDS LIKE YOU GUYS ARE NOT HAPPY ABOUT EVERY TIME HE MAKES A MENTION OF SOMETHING.

I THINK THE LACK OF COMMUNICATION BY YOU, JUST LIKE, FOR EXAMPLE, THAT HE SUGGESTED TO DO THE ENTRANCE FROM THE OTHER SIDE OF THE STREET, HILLCREST, THAT WAS GREAT THAT YOU CONSIDERED THAT YOU LOOKED INTO THAT, BUT YOU DIDN'T TELL US THAT YOU DID.

SO WE DIDN'T, WE JUST WANTED TO REMIND YOU AGAIN.

SO THE LACK OF COMMUNICATION BACK AND FORTH FROM YOU, I DON'T KNOW WHO'S INVOLVED IN THAT AREA TO GET BACK TO US SAYING, YEAH, WE CAN, WE CONSIDERED WE LOOKED INTO IT.

THAT'S ALL WE ASKING.

IT'S, IT'S

[01:20:01]

VERY HARD AND IT'S HARD AS IT IS THAT WE HAVE TO LIVE IN THE STREET THAT'S IN HORRIBLE CONDITION THAT WE HAVE TO FIGHT FOR.

ALSO TO GET IT UP TO PAR IN SAFE WALKING CONDITION.

SO THAT'S ALL I HAVE TO SAY.

I WILL MAKE SURE THAT, UH, OUR, UH, DEPUTY SCHMIDT, WHO IS OUR, UH, LICENSED ARBORIST, SPEAK TO MR. ESELLA ABOUT THE ROOT SYSTEM OF THAT TREE.

OKAY, DAVE, DAVE, HAND UP.

DAVID, I J UH, YOU KNOW, UNLESS THERE'S ANYONE ELSE WHO, WHO WANTS TO SPEAK.

I, I APPRECIATE THE COMMENTS YOU MADE.

UH, MS. BYNER, UM, I'M GONNA MAKE ONE CORRECTION FROM WHAT WAS UH, SAID EARLIER.

UH, THIS IS A PUBLIC HEARING.

UH, THE BOARD IS, YOU KNOW, HEARS, UH, EVERYTHING THAT YOU'RE SAYING.

IT IS NOT, UH, AND THE REASON WHY THERE IS NO FEEDBACK ON ANY PARTICULAR RESPONSE.

I MEAN, SOMETIMES THERE ARE, BECAUSE THERE'S GIVE AND TAKE IN THERE.

BUT ALL THIS GOES INTO THE RECORD ONCE THE RECORD IS CLOSED.

AND AS I HAD ASKED FOR MR. PARAIS TO PLEASE SEND ADDITIONAL, ANY ADDITIONAL INFORMATION SO THAT THIS CAN BE REVIEWED, IT'S AMALGAMATED, IT IS REVIEWED BY STAFF, IT IS REVIEWED BY BOARD, BY THE BOARD, IF THERE IS SUGGESTION THAT, UH, ULTIMATELY IS GOING TO IMPROVE THE PRODUCT, THE, THE, THE PROJECT, AND IT'S NOT SOMETHING THAT'S GOING TO ESCALATE THE COST.

UH, YOU KNOW, BY TRIPLING THE COST, THE STAFF LOOKS AT IT AND MAKES RECOMMENDATIONS.

AND ULTIMATELY THIS PLANNING BOARD WILL VOTE ON THE RECOMMENDATIONS.

UM, THERE'S SOMETIMES A MISUNDERSTANDING BECAUSE THESE ARE PROJECTS THAT NEIGHBORS DON'T NOR NORMALLY COME OUT TO, AND THEY DON'T SEE THE, HOW THE PLANNING BOARD WORKS.

LET ME ASSURE YOU THAT EVERY COMMENT THAT WAS MADE HAS BEEN PUT DOWN BY BARBARA.

UH, BARBARA, YOU CAN WAVE, UH, AND IS REVIEWED BY STAFF AND IS CONSIDERED NOTHING IS OFF THE TABLE.

HOWEVER, THERE ARE OBVIOUSLY SOME THINGS THAT WE RESPOND TO QUICKLY, SUCH AS THE, THE FACT OF WANTING TO EXPAND THE STREET.

I THINK EVERYONE IS IN AGREEMENT WITH THAT.

UH, THERE IS AGREEMENT CERTAINLY TO, UH, LOOK AT SOMETHING.

UH, AND AARON COULD, UH, CAN DISCUSS WITH YOU, UH, YOU KNOW, NOT NECESSARILY ON THE RECORD TONIGHT, WHAT WE DO TO MAKE SURE THAT TREES ARE PROTECTED, EXISTING TREES ARE NEIGHBORHOOD PROPERTY, ALL YOUR ALL BEING LISTENED TO, ALL OF IT WILL BE CONSIDERED.

THAT'S ALL I WANTED TO SAY.

OKAY.

IF THERE, IF THERE'S NO OTHER HAS ANY OTHER SPEAKERS IN THE QUEUE, AARON, I JUST WANTED TO SAY THAT AARON DID ASK ME TO LOOK INTO THE ENTRANCE FROM THE OTHER SIDE, AND WE DID DISCUSS IT.

AND THE RETAINING WALLS, THE HEIGHTS OF THE RETAINING WALLS, THE DISTURBANCES AS IT WAS STATED, UH, IT WOULD BE GIGANTIC.

IT WOULD NOT BE MAKE ANY SENSE.

SO I, I WANT IT JUST TO BE ON THE RECORD THAT AARON DID ASK ME TO LOOK INTO IT.

WE HAD THE DISCUSSION AND, AND WE DID SKETCHES THAT WOULD NOT WORK.

IT WOULD BE TOO, TOO VIOLENT OF, OF AN IMPOSITION ON EVERYBODY.

SO I JUST WANTED TO GO ON THE RECORD TO SAY, OKAY, KAREN, AND THAT MAY HAVE BEEN SOMEWHAT OVERLOOKED.

UM, WE HAD A LOT OF MOVING, UH, MOVING PARTS AT THE LAST MEETING, BUT IT WAS TOUCHED UPON AT THE LAST MEETING, AND IT'S IN THE TRANSCRIPT OF THE LAST PUBLIC HEARING.

SO I JUST WANTED EVERYONE TO BE, THERE ARE NO, UH, OTHER SPEAKERS AT THIS TIME.

OKAY.

SO I'LL ENTERTAIN, UH, I ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING AND KEEP THE RECORD OPEN.

AND, UH, WHAT DATE IS THAT, AARON? OCTOBER 27TH.

YEAH.

I MAKE A MOTION THAT WE CLOSE THE PUBLIC HEARING.

KEEP THE RECORD OPEN TO NOVEMBER 7TH, OCTOBER 2ND.

OCTOBER 22ND.

PARDON ME? OCTOBER 27TH.

I'M SORRY.

OCTOBER 22ND.

SECOND.

ALL IN FAVOR? AYE.

AYE.

AYE.

AYE.

OPPOSED? OKAY.

I THANK YOU.

AND, UH, UH, AND I WOULD, UH, AS, UH, DEPUTY SMITH SAID, THE RECORD IS BEING KEPT OPEN, AND THAT IS THE TIME FOR PEOPLE TO SUBMIT ADDITIONAL INFORMATION, ADDITIONAL DATA THAT WILL BE OBJECTIVELY AND COMPLETELY EVALUATED, BE PRIOR TO THE BOARD MAKING A DECISION ON THE PROJECT.

THANK YOU.

OKAY, GO AHEAD.

THE NEXT ITEM, I'M SORRY.

THE NEXT ITEM ON THE AGENDA.

AND BEFORE I ANNOUNCE THAT, I DID JUST WANT TO ANNOUNCE, AND, AND WE PROBABLY SHOULD HAVE DONE THIS AT THE BEGINNING OF THE PUBLIC HEARINGS, BUT, UM, CASE NUMBER PB 21 DASH ZERO SEVEN, KNOWN AS THE GRAYSTONE PUD, UH, ASSOCIATED WITH LOTS FOUR THROUGH SEVEN, THE APPLICANT HAS REQUESTED AN ADJOURNMENT OF THAT PROJECT, UM, DUE TO A FAMILY

[01:25:01]

EMERGENCY IS UNABLE TO ATTEND THE PUBLIC HEARING THIS EVENING.

SO, UM, IN ALL LIKELIHOOD, THE BOARD WILL NOT BE HEARING THAT AND WILL BE ADJOURNING IT TO A FUTURE DATE IF THERE ARE ANY MEMBERS OF THE PUBLIC THAT ARE HERE AND WAITING ON THAT PARTICULAR PUBLIC HEARING.

UH, I ALSO WOULD ADD THAT THE APPLICANT MADE AN ATTEMPT TO HAVE HIS ENGINEER COME IN HIS PLACE, BUT HIS ENGINEER WAS NOT AVAILABLE.

SO, UH, HE ASKED FOR US TO, UH, ADJOURN TO THE NEXT MEETING.

DO YOU JUST WANNA DO THAT MOTION NOW THEN TO ADJOURN? YEAH.

YEAH.

THAT, UH, SO, OKAY.

SO, UH, SO LET'S THEN GO TO, UH, UH, PB 2107.

NO, WAIT, WAIT, WALTER, HOLD ON.

DO WE HAVE TO, I THINK DAVE WANTS US TO MAKE A MOTION.

YEAH, THAT'S WHAT HE'S DOING.

HE'S GOING TO THAT ONE.

THAT'S WHY I'M GONE.

THAT'S, THAT'S, THAT'S 2107.

OKAY.

I'LL MOVE THAT.

WE ADJOURN THE HEARING TILL NOVEMBER 2ND OR THIRD? THIRD 13.

NOVEMBER 3RD, SECOND.

ALL IN FAVOR? AYE.

AYE.

OPPOSED? OKAY.

SO NOW WE'LL GO BACK TO NOW, UH, PB 2111 TO INTRODUCE THAT, UH, UH, THAT IS, UH, YEAH, WE HAVE THAT, UH, CHANCY CIRCLE.

CORRECT.

SO, UH, AGAIN, P 21 DASH 11 GRIER LOCATED AT SIX CHAUNCEY CIRCLE, P O LEY IN THE R 41 FAMILY RESIDENCE DISTRICT, THE APPLICANT SEEKS A PLANNING BOARD STEEP SLOPE PERMIT APPROVAL FOR AN APPLICATION INVOLVING THE PROPOSED CONSTRUCTION OF AN IN-GROUND POOL AND PATIO AREA ON AN EXISTING SINGLE FAMILY RESIDENTIAL PROPERTY.

THE PROJECTS IN PROJECT INVOLVES REGULATED STEEP SLOPE DISTURBANCE.

UM, THE APPLICATION, THE APPLICATION WAS LAST BEFORE THE PLANNING BOARD AS PART OF A WORK SESSION ON SEPTEMBER 14TH, 2021.

THE APPLICANT'S REPRESENTATIVE IS PRESENT THIS EVENING TO FURTHER DETAIL THE PROJECT TO EXPLAIN THE REVISIONS MADE, UH, AND ADDITIONAL INFORMATION PROVIDED SINCE THE WORK SESSION TOOK PLACE.

AND TO ANSWER ANY QUESTIONS OF THE BOARD MEMBERS AND MEMBERS OF THE PUBLIC.

I'LL TURN IT OVER TO MR. HILDENBRAND.

GREAT.

UH, THANKS AARON.

UH, FOR THE RECORD, BRIAN HILDENBRAND, I AM THE ENGINEER FOR THE PROJECT, AND I'M JUST GOING TO, UM, SHARE MY SCREEN.

UH, CAN EVERYONE SEE THE, THE RENDERING? YEAH.

OKAY.

UH, AS AARON SAID, THIS IS A, UM, A PROPOSED POOL IN-GROUND POOL AND PATIO.

UM, WHAT YOU'RE LOOKING AT HERE IS A, YOU KNOW, A KIND OF AN RT RENDERING, BUT IT, IT PAINTS THE PICTURE.

UM, THESE RETAINING WALLS, UM, ARE EXISTING, THEY WERE PART OF THE LOT DEVELOPMENT WHEN THE HOUSE WAS BUILT.

UH, SO WHERE THE POOL IS GOING IS RELATIVELY FLAT.

UH, WE'RE HERE FOR A STEEP SLOPE PERMIT.

UM, UM, THE MAJORITY OF THE STEEP SLOPE, UH, DISTURBANCE WILL BE, UM, DOWN THIS SIDE YARD FOR TEMPORARY CONSTRUCTION ACCESS TO BUILD THE POOL.

THE OTHER PART OF THE SLOPE DISTURBANCE IS ASSOCIATED WITH THE STORM WATER PLAN.

UM, WE'RE COLLECTING THE STORM WATER RUNOFF FROM THE PATIO, TREATING IT IN A DETENTION SYSTEM, AND THEN, UM, DISCHARGING THE DETENTION SYSTEM, DOWNGRADE BELOW THE RETAINING WALLS, AND BY DOING IT BY TRENCHING, UM, DISTURBING, UH, MORE STEEP SLOPES.

UH, WHEN WE'RE HERE BEFORE YOU, UH, YOU KNOW, THE, AT THE WORK SESSION, WE, I WAS ASKED TO, UH, PROVIDE US, UM, A CROSS SECTION OF THE SITE, WHICH, UM, WHICH WE DID, WE PUT ON THE PLAN.

THE PLAN, YOU CAN SEE THE ONLY GRADING IS FOR THE POOL IS SOME SLIGHT FILL.

UH, THE SCALE ON THIS, UM, UH, SECTION IS SKEWED, YOU KNOW, EXAGGERATED IN, IN THE, THE VERTICAL JUST TO REALLY SHOW WHAT, UM, WHAT'S HAPPENING.

IT'S ONLY ABOUT A FOOT OR SO OF FILL, UH, NEEDED TO, TO LEVEL THIS AREA OUT.

UM, THEN THIS PIPE IS COMING DOWN TO A LEVEL SPREADER.

UM, AND SINCE LAST TIME WE'VE, UH, THE LANDSCAPE ARCHITECT HAS PROVIDED, UM, SOME SHRUB AND, UH, UH, AND PLUG PLANTINGS AND AS WELL AS THE RIP WRAP.

SO YOU'D HAVE RIP WRAP TO DISSIPATE THE FLOWS, AND THEN SOME, YOU KNOW, FOUR TO FIVE FOOT, UM, UH, THE POLYS AND INK BERRIES, TWO TO THREE FEET, AND THEN, AND SURROUNDED BY, UM, A SEDGE JUST TO ARMOR THAT AREA, HELP WITH, UH, WATER UPTAKE AND HELP STABILIZE THE SLOPE.

[01:30:01]

SO THOSE ARE THE TWO COMMENTS I BELIEVE FROM THE BOARD.

UH, OUR STORM MORTAR SYSTEM DOES MITIGATE ALL PEAK FLOWS, UM, TO BELOW THE EXISTING CONDITIONS, OR AT LEAST, UH, TO MEET THE EXISTING CONDITIONS FOR THE 25 YEAR STORM.

UM, SO WITH THAT, JUST, THAT'S JUST A QUICK OVERVIEW, BUT THAT'S MY, MY SUMMARY.

OKAY.

AND THANK YOU.

I JUST WANTED TO GO AHEAD.

GO AHEAD.

I'M SORRY.

I WAS JUST GOING SAY THAT OKAY.

WE DID LOOK AT, GO AHEAD.

GO AHEAD.

WE DID LOOK AT THE, THE PLANTINGS PROPOSED AND, AND THE STONE RIP WRAP.

AND THAT WAS DEEMED ACCEPTABLE BASED OFF THE COMMENT MADE AT THE WORK SESSION.

SO WE THOUGHT THAT THE, UH, WAS RESPONSIVE AND, AND DID A GOOD JOB AND, AND THAT, AND MAKING THE REVISION.

OKAY.

ON THE, THE STEEP SLOPE, WHICH YOU INDICATE IS FOR ACCESS FOR THE CONSTRUCTION ON YOUR, UM, CROSS SECTION, ARE YOU DIGGING INTO ANY ROCK OR YOU JUST REMOVING SOIL? NOT EVEN, UM, IT'S JUST, YOU KNOW, GETTING EQUIPMENT DOWN, DOWN THE YARD.

SO WE CALL THAT DISTURBANCE, YOU KNOW, IN CASE THEY HAVEN'T HAD A SMALL EXCAVATOR, YOU KNOW, SOMETHING WITH TRACKS TO GET DOWN.

UM, BUT IT'S JUST TEMPORARY.

THERE'S NO, NO, NO CUTTER FILL ASSOCIATED WITH THE ACCESS.

OKAY.

THAT'S, THAT WAS MY OWN.

ANY, ANY MEMBERS OF THE BOARD WISH TO SPEAK ON THIS? NO.

IF NOT, UH, UH, IS ANYONE WHO WISH TO SPEAK ON THIS FROM THE PUBLIC, UH, MR. HILDEBRAND, CAN YOU JUST STOP THE SHARE SCREEN FOR A MOMENT? THERE WERE A MEMBER OR TWO OF THE PUBLIC THAT WERE AT A MINIMUM INTERESTED IN LISTENING.

UM, IF AT THIS TIME YOU WISH TO SPEAK ON THE PROJECT, YOU, YOU CERTAINLY MAY.

OTHERWISE, UH, THE BOARD MAY DECIDE TO CLOSE THE PUBLIC HEARING AND THERE WOULD BE A PERIOD WHERE WRITTEN COMMENTS COULD BE PROVIDED.

UH, IT LOOKS LIKE WE HAVE THE OPPOS, UM, OR ASHLEY AND OPPO, UM, YEAH.

HERE TO SPEAK, SO I CAN TURN IT OVER TO YOU IF YOU'D LIKE TO SPEAK ON THE PROJECT.

YEAH.

ALRIGHT.

GOOD EVENING, EVERYONE.

UM, MY NAME IS .

IT'S MY WIFE, ACTUALLY.

UM, THE PERMIT ADDRESS, UH, ADDRESS IS 4 9 3 WINDING ROAD NORTH.

UM, AND WE ARE THE OWNERS OF A RESIDENCE, AND THIS PROPERTY IS RIGHT BEHIND OUR HOUSE.

UM, AND IT'S OBVIOUSLY ON A SLEEP SLOPE.

INITIALLY, WE THOUGHT THE POOL WAS GONNA BE, IF YOU LOOK, BUYING OUR PROPERTY ON THE RIGHT SIDE, BUT IT'S NOT, UH, FORTUNATELY, UH, WHEN I HEAR ABOUT THE INITIAL STORM DRAIN THAT WAS BUILT BASED ON THE LAST STORM WE JUST HAD, AND THAT FLOODED SOME PART OF THE, UM, THE NEIGHBORHOOD, THERE WAS ALSO A, A RUN OVER OFF THAT STORM DRAIN THAT DIDN'T CARRY OBVIOUSLY ALL THIS STORM WATER THROUGH THAT CAME ONTO OUR PROPERTY AND RAN OFF SAND AND ALL THAT STUFF DOWN TOWARDS THE BACK OF OUR HOUSE.

SO MY FEAR IS WITH THE NEW DISTURBANCE, EVEN THOUGH IT'S NOW GOING TO THE LEFT SIDE OF, UH, THE HOUSE WITH THE NEW DISTURBANCES OF SOIL AND ALSO WITH THE COLLECTION OF WATER NOW AND BEING TREATED AND POTENTIALLY RAN OFF ON THE BACKSIDE, STILL COMING DOWN TO A PROPERTY THERE MIGHT STILL BE RUN OVER AND FLOODING AS WELL.

SO WE'RE VERY CONCERNED, UM, OBVIOUSLY, AND WE HAVE NEW KIDS AT HOME.

AND THE LAST THING I WANT IS CONTINUAL, UH, WATER IS RUNNING DOWN, UH, THE, UP THE SLOPE DOWN TOWARDS THE HOUSE AND FOR US TO HAVE AND NOW PUT ADDITIONAL PROTECTION IN PLACE JUST BECAUSE, UH, THE POOL IS NOW LITERALLY BEHIND OUR PROPERTY.

OKAY.

IS THIS THE, THE APPLICANT, UH, COULD HAVE, UH, ANSWERED.

OKAY.

LET WE HAVE ANOTHER SPEAKER.

OKAY.

LET, UM, I SPEAKERS, UH, I JUST WANNA EXPRESS THEIR CONCERN AND THEN WE'LL HAVE THE APPLICANT RESPOND.

OKAY.

YEAH.

SO IF THERE IS ANY OTHER MEMBERS OF THE PUBLIC THAT WISH TO SPEAK, NOW WOULD BE THE TIME.

AS I MENTIONED, IF, IF YOU DON'T OR CHOOSE NOT TO, UH, AND THE BOARD DOES CLOSE THE PUBLIC HEARING THIS EVENING, THERE WOULD BE A, A PERIOD FOR WRITTEN COMMENTS TO BE PROVIDED THAT WOULD BE, UH, SUBMITTED INTO THE RECORD AND, AND SENT TO THE BOARD AND SENT TO THE APPLICANT.

WITH THAT SAID, IT DOESN'T SEEM LIKE THERE ARE ANY FURTHER COMMENTS, SO WE'D ASKED MR. HILDENBRAND TO RESPOND.

UM, I, IF I MAY, I MAY MAKE A COMMENT THAT THE PLANNING BOARD MORE RECENTLY, AND PARTICULARLY SINCE, UH, THE LAST MAJOR STORM HAS BEGUN TO ASK APPLICANT IF THERE'S ANY OPPORTUNITY TO DESIGN, UH, FOR A STORM THAT'S GREATER THAN THE 25 YEAR STORM, EVEN THOUGH OUR CODE IS ONLY, UM, REQUIRES TO THE 25 YEAR.

SO THAT MAY BE SOMETHING THAT, UH, YOU WANT TO CONSIDER.

[01:35:02]

THANK YOU.

UH, OKAY.

AND, UM, AS FAR AS THE, THE WASHOUT DESCRIBED, I, I CAN'T, I CAN'T SPEAK TO THAT ONLY BECAUSE WANTED, I DON'T, I HAVEN'T BEEN TO THE SITE SINCE, UH, SINCE THAT STORM.

UM, AND I SECOND, I KNOW THERE IS A STORMWATER SYSTEM FOR THE HOUSE AND FOR THE DRIVEWAY, UM, THAT WAS DESIGNED BY SOMEONE ELSE AND INSTALLED.

SO I DON'T KNOW IF IT, IT'S THE, A MAINTENANCE ISSUE OR WHAT EXACTLY FAILED TO CAUSE THE DAMAGE.

UM, BUT IF THERE'S SOME WAY, YOU KNOW, I'LL, I'LL WORK WITH THE HOMEOWNER, I'M SURE THEY WANT TO BE GOOD NEIGHBORS, UM, TO REMEDY THAT.

SO, SO THAT'S NOT ONGOING.

MAYBE TRY TO FIND THE SOURCE OF THAT PROBLEM.

UM, AND WHETHER THAT'S PART OF THIS APPLICATION OR JUST, YOU KNOW, JUST THROUGH MAINTENANCE OR ANOTHER BUILDING PERMIT, I'LL HAVE TO FIGURE THAT OUT.

UM, AND AS FAR AS, UM, LARGER STORMS, I MEAN, WE CAN CERTAINLY LOOK AT WHAT WE CAN FIT.

UM, WE ARE LIMITED WITH SPACE, UM, AS YOU SAW ON THE PLAN WITH THE RETAINING WALLS AND SETBACKS.

UM, YOU KNOW, FRANKLY, I WOULD'VE LOVED TO INFILTRATE THE STORM WATER, BUT I JUST, I COULDN'T BASED ON THE CONSTRAINTS.

SO, UM, UH, WE CAN TAKE A MORE HOLISTIC LOOK AT THIS AND MAKE SURE THAT THERE'S NO ONGOING ISSUES FOR THE, FOR THE DOWNHILL NEIGHBORS.

I, I'M SORRY, BRIAN, COULD YOU JUST EXPLAIN WHAT YOU MEAN BY INFILTRATE? I'M NOT SURE THAT EVERYONE UNDERSTANDS THAT.

AND YOU SAID YOU WISH YOU COULD INFILTRATE YEAH.

YOU KNOW, INFILTRATE, TAKE THE STORM WATER, PUT IT IN AN UNDERGROUND SYSTEM, AND LET THAT PERCOLATE INTO THE SOIL AND KIND OF TAKES THE RUNOFF FACTOR OUT OUT OF THE RUNOFF.

UM, WHAT WE HAVE IS THE, UH, DETENTION SYSTEM, WHICH SLOWS THE WATER DOWN.

UM, BUT, AND THAT WATER GETS RELEASED SLOWLY.

UM, BUT, UM, I GUESS JUST IF WE COULD, AN INFILTRATION WOULD, WOULD, I THINK IN MY OPINION, FUNCTION BETTER.

I JUST COULD, IT COULDN'T BE DESIGNED FOR THIS SITE.

I, I'D JUST LIKE A, A CLA A CLARIFICATION RIGHT NOW, UH, THAT'S MR. , IS THAT YOUR CORRECT NAME? OKAY.

HE SAY, HE'S SAYING THAT WATER.

I, I JUST WANNA UNDERSTAND, ARE YOU SAYING THAT RIGHT NOW WATER IS RUNNING OFF OF THAT PROPERTY INTO YOUR, UH, INTO YOUR YARD RIGHT NOW? NO, BUT BASED ON THE LAST, DURING THE LAST STORM THAT HAPPENED, THE LAST BIG STORM WE HAD LAST PER MONTH AND TWO MONTHS AGO.

YEAH.

YEAH.

WHENEVER THAT WAS, THERE WAS WASH DOWN OUR HILL INTO OUR YARD.

YEAH.

F FROM THIS, FROM THE APPLICANT'S PROPERTY? THAT'S RIGHT.

CORRECT.

YEAH.

OKAY.

WASHED OUT INTO YOUR PROPERTY, CORRECT? YES.

OKAY.

I THINK THAT'S SOMETHING THAT NEEDS TO BE LOOKED AT, UH, BECAUSE IF WE HAVE A CURRENT PROBLEM WITH RUN OFF ON THE PROPERTY, I THINK THAT NEEDS TO BE LOOKED AT, UH, UH, IN, IN CONJUNCTION WITH WHAT'S HAPPENING NOW, HIS PARENTS.

YES.

OKAY.

SO IF I MAY RESPOND TO THAT AT LEAST PARTIALLY.

UM, SO I THINK MR. HILDENBRAND DID SAY THAT, YOU KNOW, HE'S HAPPY TO SPEAK WITH HIS CLIENT AND LOOK INTO THE EXISTING STORMWATER MANAGEMENT SYSTEM FOR THE HOUSE AND THE PROPERTY THAT WAS, UH, BUILT AND INSTALLED WHEN THE HOUSE RIGHT WAS CONSTRUCTED THE LAST COUPLE OF YEARS.

SO WE CERTAINLY APPRECIATE THAT.

UH, THE ONE THING I I DO WANNA MENTION IS THAT, YOU KNOW, UNFORTUNATELY WE HAD A, A VERY SIGNIFICANT STORM WITH, YOU KNOW, CLEARLY A LOT OF DAMAGE THROUGHOUT THE TOWN.

AND YOU, YOU KNOW, ONE OF THE THINGS THAT I MENTIONED BEFORE IS THAT THE TOWN CODE SPEAKS TO DESIGNING FOR A 25 YEAR STORM, AND A LOT OF TIMES, UH, ENGINEERS AND, AND APPLICANTS WILL OVER DESIGN ANYWAY.

UM, BUT THAT DOESN'T CAPTURE EVERY STORM IN THE TOWN.

AND UNFORTUNATELY, SOMETIMES THAT CREATES PROBLEMS. AND IT, IT SOUNDS LIKE THAT'S WHAT HAPPENED HERE.

SO IT, IT WOULD DEFINITELY BE HELPFUL FOR MR. HILDENBRAND TO, YOU KNOW, SPEAK WITH HIS CLIENT, SEE IF THERE'S A CLOG OR ANYTHING THAT CAN BE DONE TO CLEAN THIS OUT SO THAT IT'S FUNCTIONING PROPERLY SO THAT, YOU KNOW, THOSE DOWNSTREAM FOLKS VIA CAPOS CAN BE PROTECTED.

AND, AND ALSO AS AARON, UH, POINTED OUT, THE CODE DOESN'T REQUIRE IT, IT'S 25 YEAR STORM, BUT IF IN LOOKING AT IT, THERE'S ANY, UH, A ROOM FOR YOU TO IMPROVE UPON THAT, I'M QUITE SURE, UH, YOUR NEIGHBORS WOULD APPRECIATE THAT.

ABSOLUTELY.

.

OKAY.

UH, ANY OTHER CO

[01:40:01]

MONA FRANK THAT YES.

YEAH.

IS IT POSSIBLE TO DO THE SCREEN SHARING ONE LAST TIME? I JUST WANNA LOOK AT THE FENCING THAT WE'RE GOING TO BE HAVING AROUND THE POOL AREA.

I JUST CHATTED THAT TO MR. HILDENBRAND.

I, SORRY.

THANK YOU.

SO IT DIDN'T COME UP IN THE RENDERING.

SO THE QUESTION MR. HILDENBRAND, IS, UM, YOU KNOW, WITH RESPECT TO POOLS, THERE'S BUILDING CODE REQUIREMENTS FOR SAFETY FENCING.

YES.

GOOD QUESTION.

UM, AND I DIDN'T SEE IT IN THE RE I ONLY SAW IT IN CERTAIN SPOTS AND I DIDN'T SEE IT AROUND THE ENTIRE POOL AREA.

AND I'M A LITTLE CONCERNED THAT PEOPLE HAVE ACCESS TO THIS POOL.

UH, IT WILL, THERE IS, UM, THERE IS A LANDSCAPE ARCHITECT PLAN.

UM, SO I APOLOGIZE IF IT'S NOT ON MY STORMWATER PLAN.

UM, I JUST WANNA MAKE SURE THAT THERE IS A PLAN FOR FENCING THAT OH, YES, YES, ABSOLUTELY.

YEAH.

IT'LL BE ENCLOSED, UM, WITH A GATE IN THE SIDE YARD.

UM, OKAY.

THE POOL ENCLOSURE WILL BE, UH, THE MEAT PUMP AS IT WAS COMING DOWN.

IT JUST HIT ME THAT THE FENCE DIDN'T GO AROUND THE WHOLE POOL AND .

I'M LIKE, YEAH, NO.

AND THAT WOULD'VE, THAT PROBABLY WOULD'VE BEEN THE FIRST, UH, COMMENT FROM THE BUILDING INSPECTOR WHEN HE SAW THAT.

YEAH.

AND IT JUST HIT ME AS IT WAS COMING DOWN.

AND THEN WE WENT INTO QUESTIONS.

OKAY.

THANK YOU, .

OKAY.

UM, WALTER, I JUST WANTED TO CONFIRM WHAT AARON SAID.

IS THIS SYSTEM DESIGNED FOR, UM, 25 YEARS OR HUNDRED YEARS STRONG? THE CO THE CODE IS 25.

YEAH, NO, BUT, UH, QUESTION NOWADAYS IT IS THE, UH, DESIGNED FOR THE 25.

OKAY.

CAN YOU LOOK AT IT? UH, WHAT WOULD THE DIFFERENCE WOULD BE IF YOU DO IT A HUNDRED YEAR? BECAUSE NOW WE HAVE A HUNDRED YEAR STORMS EVERY EVERY COUPLE OF YEARS.

YEAH.

MAYBE THAT NEEDS TO BE REVIEWED.

YEAH, YEAH, YEAH.

I MEAN, WE COULD, WE COULD RUN THE MODEL AND RUN THE NUMBERS AND SEE HOW IT, HOW IT RESPONDS, UM, UNDER THE LARGER STORMS AND, AND DO WHAT WE CAN TO, UH, OFFSET THE LARGER EVENTS.

YEAH.

PARTICULARLY YOU, YOU ARE ON A SLOPE.

YEAH.

YEAH.

THAT WAS THE FIRST I ASKED, YOU KNOW, IS THERE AN OPPORTUNITY TO DO IT? AND, UH, SO WE WILL ASK THAT MR. HILDENBRAND LOOK AT THAT AND, AND GIVE US THE INFORMATION THAT HE'S ABLE, UM, YOU KNOW, THAT THAT WOULD CERTAINLY BE APPRECIATED.

AND, AND, AND IT'S IMPORTANT THAT THAT INFORMATION IS, UH, UH, SENT TO US, UH, BECAUSE I ANTICIPATING NONE UNLESS SOMETHING COMES UP IN THE NEXT FEW MINUTES, UH, TO CLOSE THE HEARING AND KEEP THE RECORD OPEN.

SO IT'D BE IMPORTANT THAT YOU SUBMIT THAT ADDITIONAL DATA, UH, AND, AND SUBMIT, UH, UH, THE DRAWING WITH THE GATE AROUND, UH, WITH THE FENCING AROUND THE POOL.

MM-HMM.

SO WHEN WE MAKE THE DECISION, WE HAVE ALL THE UPDATED INFORMATION.

THANK YOU.

OKAY.

OKAY.

ANY OTHER COMMENTS? IF NOT, I, UH, UH, MAKE A MOTION THAT WE, UH, CLOSE THE HEROD AND KEEP THE RECORD OPEN TO OCTOBER 27TH.

22ND.

27TH.

OKAY.

SORRY.

YEAH.

OKAY.

OH, NO, UH, THE 27TH, BECAUSE OUR MEETING.

OKAY.

OKAY.

OKAY.

OUR NEXT.

OKAY.

THE 27TH.

OKAY.

DO WE HAVE A MOTION MAKE? YEAH, I MAKE A MOTION TO RE CLOSE THE PUBLIC HEARING AND KEEP THE RECORD OPEN FOR OCTOBER 27TH.

SECOND, UM, ALL IN FAVOR? AYE.

AYE.

OPPOSED? NONE.

UH, WE ALREADY, UH, UH, INDICATED A GRAYSTONE WILL NOT BE HEARD, SO I MAY, UH, UH, WE HAVE A MOTION TO CLOSE THE PUBLIC HEARING SECTION OF TONIGHT'S MEETING AND GO BACK INTO WORK SESSION.

SO MOVED.

SECOND.

SECOND.

ALL IN FAVOR? AYE.

AYE.

AYE.

AYE.

UM, SO, UH, WE'RE, WE'RE GOING BACK TO WORK SESSION AND THE FIRST CASE IS PB 2024.

UH, BEFORE WE GO INTO THAT, UH, DISCUSSION, I'D JUST LIKE TO MAKE A COMMENT, UH, UM, AT THE BEGINNING OF, OF THIS YES.

I'M SORRY TO INTERRUPT YOU.

UM, BEFORE WE GET TO, UM,

[01:45:01]

THE TB 2024 CASE, WE DID HAVE, UM, A, A, UH, I WOULD SAY A SMALLER SCALE PROJECT, UM, PB 1933, UH, THE BRODSKY PROJECT THAT I, THAT I THOUGHT MAYBE WE WOULD TAKE .

OH, YES.

OKAY.

WE CAN DO THAT FIRST, YES.

SO I'M HAPPY TO ANNOUNCE THAT.

YEAH, PLEASE DO.

WE DO HAVE, UH, THE APPLICANT AND THE APPLICANT'S HERE TONIGHT.

SO, UH, AS I MENTIONED, THIS NEXT CASE IS PB 19 DASH 33 BRODSKY LOCATED AT 2121 SAWMILL RIVER ROAD, P O Y PLAINS IN THE R 21 FAMILY RESIDENCE DISTRICT.

THE APPLICANT SEEKS A PRELIMINARY SUBDIVISION APPROVAL FROM THE PLANNING BOARD FOR AN APPLICATION INVOLVING THE PROPOSED SUBDIVISION OF ONE EXISTING LOT, APPROXIMATELY 87,226 SQUARE FEET IN SIZE INTO TWO LOTS FOR THE PURPOSE OF RESOLVING ISSUE OF MORE THAN ONE DWELLING OR PRINCIPAL STRUCTURE ON A SINGLE LOT.

THERE IS NO CONSTRUCTION OR SITE DISTURBANCE PROPOSED AS PART OF THIS APPLICATION.

PROPOSED LOT ONE, AND I'LL, I'LL SHARE MY SCREEN.

UH, BEAR WITH ME FOR A MOMENT.

I, OKAY, HERE WE GO.

THANK YOU.

SORRY ABOUT THAT.

SO LET'S JUST PINCH THIS A LITTLE BIT.

OKAY.

SO, PROPOSED LOT ONE, WHICH WOULD BE ON THE LEFT, UH, WOULD TOTAL APPROXIMATELY 28,198 SQUARE FEET AND IN AND INCLUDES AN EXISTING 3,236 SQUARE FOOT SINGLE FAMILY RESIDENCE, WHICH IS TO REMAIN PROPOSED LOT TWO WOULD TOTAL APPROXIMATELY 59,028 SQUARE FEET AND INCLUDES AN EXISTING APPROXIMATELY 2016 SQUARE FOOT, UH, GARAGE WITH RESIDENTS ABOVE THAT WOULD REMAIN.

THE PROJECT HAS BEEN REVIEWED BY THE BUILDING INSPECTOR WHO HAS DETERMINED THAT THE FOLLOWING AREA VARIANCES ARE REQUIRED FOR LOT ONE, AN AREA VARIANCE TO REDUCE THE SIDE YARD SETBACK FOR THE DR ASSOCIATED WITH THE DRIVEWAY FROM 16 FEET REQUIRED TO ZERO FEET PROPOSED AS THE DRIVEWAY CROSSES OVER THE PROPERTY LINE.

UH, AND TWO, AN AREA OF VARIANCE FROM SECTION 2 85 DASH 39 C NINE C, WHICH REQUIRES 25 FOOT OF FRONTAGE ONTO A, A ROADWAY AND PROVE TO TOWN STANDARDS, WHICH DOES EXIST, BUT IT ALSO REQUIRES ACCESS ACROSS SUCH FRONTAGE, WHICH DOES NOT EXIST IN THIS CASE BECAUSE OF THE SHARED DRIVEWAY SCENARIO.

UH, LOT TWO, THE LOT TO THE RIGHT REQUIRES AN AREA OF VARIANCE AS WELL TO REDUCE THE SIDE YARD SETBACK OF THE DRIVEWAY FROM 16 FEET REQUIRED TO ZERO FEET PROPOSED.

UH, AND ALSO ALSO REQUIRES AN AREA OF VARIANCE FROM SECTION 2 85 DASH 39 C EIGHT, WHICH RELATES TO PROPOSING A SUBDIVISION THAT REQUIRES AN AREA OF VARIANCE INVOLVING ONE OR MORE OF THE YARD SETBACKS, IN THIS CASE, THE SIDE YARD SETBACK FOR THE DRIVEWAY.

UH, PROCEDURALLY THE PLANNING BOARD MAY CONSIDER OR SHOULD CONSIDER VOTING TO DECLARE ITSELF LEAD AGENCY FOR PURPOSES OF SPEAKER REVIEW.

FOLLOWING THAT VOTE, THE BOARD MAY CONSIDER ISSUING A SECRET DETERMINATION ON THE PROJECT.

FINALLY, THIS MATTER WILL BE BEFORE THE ZONING BOARD OF APPEALS TO, OR IS EXPECTED TO BE BEFORE THE ZONING BOARD OF APPEALS TOMORROW EVENING.

AND THE ZONING BOARD IS AWAITING A RECOMMENDATION FROM THE PLANNING BOARD ON THE AREA OF VARIANCES REQUIRED IN CONNECTION WITH THE PROJECT.

SO WE DO HAVE, UM, MS. PA, MS. MS. PAGE, BRODSKY, AND MS. LIN BRODSKY HERE THIS EVENING.

IF THERE ARE ANY QUESTIONS FOR THE OWNERS OF THE SITE.

UH, AGAIN, AS I MENTIONED, THERE ARE NO, UM, SITE DISTURBANCE PROPOSED.

IT'S MERELY A SUBDIVISION TO INSTALL THIS GREEN LINE, WHICH IS A LITTLE SKEWED, AND THAT'S BECAUSE THERE'S AN EXISTING POOL ON, UH, ON THE PROPERTY NOW THAT THEY WISH TO RETAIN.

AND IN ORDER TO ELIMINATE THE NEED FOR ANY THAT'S ASSOCIATED WITH THE POOL SETBACKS, THEY'VE JOGGED THE LINE AROUND IT.

SO, BUT THE LINE IS, UM, EFFICIENCY.

UH, I'M SORRY.

YOU DONE, I I DIDN'T MEAN TO INTERRUPT.

ARE YOU DONE, AARON? I'M ALL SET.

THANK YOU.

OKAY.

IN THE INTEREST OF EFFICIENCY, I THINK THIS IS A REAL, IS BASICALLY A NO-BRAINER FOR US AS LONG

[01:50:01]

AS WHATEVER WE DO AND THIS PARTICULAR PROJECT MAKES, MAKES IT VERY CLEAR THAT THERE IS, THERE ARE NO IMPROVEMENTS THAT CAN BE DONE TO THIS PROPERTY WITHOUT COMING BACK TO THIS BOARD.

UM, THIS HAS BEEN A LEGAL DISPUTE THAT GOES BACK, UH, A LONG, LONG TIME.

AS I UNDERSTAND IT, IT'S BEEN, I THINK, TO THE 1920S MAYBE.

UM, IT'S BEEN A, THE, THE GARAGE HAS BEEN A RESIDENT OFF AND ON SINCE THEN.

I DON'T THINK IT'S OCCUPIED NOW, BUT IT'S BEEN A RESIDENCE SIM VINCENT.

AND WHAT WE'RE DOING IS DRAWING A LINE ON A PIECE OF PAPER AND NO MORE.

SO FIRST OF ALL, I'D LIKE TO MOVE THAT WE DECLARE OURSELF LEAD AGENCY FOR THIS PRO PROJECT.

SECOND.

ALL IN FAVOR? AYE.

AYE.

AYE.

AYE.

ABSTENTION OUR OBJECTIONS.

OKAY.

OKAY.

UH, THEN THE OTHER THING WE HAVE TO DO, IKA.

YEAH, I WOULD, I WOULD LIKE TO RECOMMEND THAT THIS BE A NEGATIVE DECLARATION UNDER SEEKER.

SECOND.

SECOND.

ALL IN FAVOR? AYE.

AYE.

AYE.

OBJECTION.

NONE.

OKAY.

MY RECOMMENDATION, AND I CAN MAKE A MOTION ON THIS, ON THE THIRD, THIRD, IS THAT WE GIVE A POSITIVE RECOMMENDATION ON THIS, ON THE VARIANCES TO, TO THE, UH, ZONING BOARD WITH THE PROVISO THAT NO, UH, IMPROVEMENTS CAN BE MADE TO EITHER PROPERTY WITHOUT COMING BACK TO THE PLANNING BOARD IN THE ZONING BOARD.

MS. BRODSKY WANTS TO SPEAK.

PLEASE GO AHEAD.

I'M JUST, UH, UH, LOOKING FOR A CLARIFICATION.

I, UM, THANK YOU SO MUCH FOR, UH, LOOKING AT THIS TONIGHT.

AND MY UNDERSTANDING WAS THAT, UH, WE ARE, UH, SUBDIVIDING FOR ANY NUMBER OF REASONS, BUT WE ALSO ARE LOOKING FOR, UH, BUILDING PERMITS TO GET THE SECOND BUILDING THE, THE ONE THAT WE'RE SUBDIVIDING UP TO CODE.

UM, SO MY UNDERSTANDING WAS MR. SCH OKAY.

YOU CLARIFY THAT.

ERIC, DO YOU WANNA CLARIFY THAT PLEASE? ED, YOU BROUGHT THAT UP.

MS. MS. BRODSKY.

THANK YOU.

SO THERE ARE SOME, UM, VIOLATIONS OF BUILDING CODE WITH RESPECT TO THE OTHER STRUCTURE.

UM, ONE THING I CAN THINK OF OFFHAND IS, UH, WHEN YOU SAY OTHER, WHICH IS THE OTHER STRUCTURE, THE ONE THAT IS THE GARAGE, I'M SORRY, GARAGE.

THE GARAGE, THE ONE THAT IS NOT UNDER PRESERVATION.

SO ONE OF THE ASPECTS OF THAT STRUCTURE IS THAT THERE NEEDS TO BE A HANDRAIL OR A RAILING UP TO THE SECOND FLOOR.

UM, ALSO THERE CURRENTLY IS NO FENCING AROUND THE POOL.

SO THE BUILDING INSPECTOR IDENTIFIED THAT, YOU KNOW, FOR SAFETY PURPOSES, AS MS. RETAG BROUGHT UP ON THE PRIOR PROJECT, BACK TO THE FENCE AROUND THE POOL , SO THAT THEY WERE GOING TO INSTALL THAT, THAT FENCE TO CLEAR UP EXISTING VIOLATIONS THAT ARE, UH, IN TOWN COURT AT THE MOMENT.

I WOULD ADD THAT TO THE RECOMMENDATION, OBVIOUSLY.

RIGHT? WE NOW HAVE A FENCE AROUND THE POOL AND A HANDRAIL UP.

SORRY, SORRY.

SO WE WERE TOLD THOSE THINGS DIDN'T REQUIRE ANY BUILDING, UH, PERMITS.

BUT THERE ARE SEVERAL OTHER, UM, ISSUES WITH THE BUILDING THAT DO REQUIRE PERMITS, UH, HAVING TO DO WITH THE, WITH CLEARANCE IN A DOORWAY, FOR INSTANCE, AND, AND A WINDOW.

SO THOSE ARE THE THINGS THAT WE NEED BUILDING CLEARANCE FOR.

AND FOR US TO GET THAT BUILDING CLEARANCE, WE WERE ASKED, WE, WE NEED THIS, UM, THIS PERMIT TO GET THROUGH YEAH, EXACTLY.

THE, THIS PERMIT.

BUT, BUT THAT'S, BUT THAT WOULD, THAT WOULD NOT BE INCONSISTENT WITH WHAT YOU SAID, YOU, THAT BEFORE THEY DO ADDITIONAL WORK, THEY HAVE TO, UH, COME BACK ALSO.

WE HAVE TO REWORD THIS.

WELL, WHAT THEY'RE SAYING, WHAT THEY'RE SAYING IS BEYOND THE TWO, UH, VIOLATIONS THAT AARON POINTED OUT, THERE ARE ADDITIONAL INTERNAL VIOLATIONS IN TERMS OF, UH, ACCESS THROUGH A DOORWAY.

UH, PEOPLE WERE SHORTER BACK THEN, I THINK, AND WHEN THEY BUILT IT.

UM, THE ONLY CONCERN I HAVE THAT, I MEAN, RIGHT, I I DON'T HAVE A PROBLEM.

THIS IS NOT THE BUILDING THAT'S ON THE NATIONAL HISTORIC REGISTER.

THIS IS A BUILDING THAT IS NOT LISTED ANYWHERE.

IT STILL, BY THE WAY, WOULD BE SUBJECT AS IMPROVEMENTS, WOULD BE SUB SUBJECT TO THE HISTORIC BOARD PRESERVATION BOARD, BECAUSE ANYTIME YOU HAVE A BUILDING MORE THAN 50 YEARS OLD, THEY WOULD STILL NEED TO BE APPROVED BY THAT.

SO WE CAN PUT THAT IN THE RECOMMENDATION TOO, TO MAKE SURE, MAKE THAT'S CLEAR.

OKAY.

I THINK IF WE DO ALL THAT, WHAT I WANNA GET CLEANED UP IS, IS THE SUBDIVISION.

I MEAN, AS SOON AS WE POSSIBLY CAN, WE NEED TO DO THAT AND THEN PUT THE PROVISO THAT THEY WILL, THAT THEY WILL, WILL BE GOING IN FRONT OF THE HISTORIC BOARD WITH, TO

[01:55:01]

CORRECT THE OTHER VIOLATIONS AS, AS, UH, OUTLINED BY THE BUILDING INSPECTOR TO WORK WITH THE HISTORIC BOARD IN CORRECTING THOSE VIOLATIONS AND THEN COME BACK TO US FOR FINAL APPROVAL ON THOSE.

YEAH, THAT'S WHAT I WOULD DO.

THAT'S WHAT I WOULD PUT PUT IN.

I THINK THAT SATISFIES EVERYBODY.

AARON, GO AHEAD.

WELL, DAVID HAD THE POINT, I DON'T KNOW IF IT, IT'S RAISED A LEGAL ISSUE.

UH, THERE WAS, YES.

THERE WAS JUST ONE ON THE MOTION.

THE MOTION, UH, THE MOTIONS WERE FOR LEAD AGENCY AND NEGLIGENT DECLARATION.

I DID NOT HEAR, UNLESS I MISSED IT.

UH, A DECLARATION THAT WAS AN UNLISTED ACTION.

AND IF THERE WAS, IF THERE WAS, THERE WAS NOT.

AND I, I'LL MAKE THAT MOTION, DAVID.

THANK YOU.

WE NEED A SECOND.

WALTER.

SECOND.

SECOND.

.

HOW ARE YOU SECOND A VOTE.

JONATHAN.

SHOULDA HAVE SECONDED IN SOMEONE.

VOTE SECOND.

CAN SOMEONE CALL FOR A VOTE? YEAH.

UH, UH, WALTER, CALL FOR A VOTE.

CALL FOR A VOTE.

IT'S START VOTING UNLESS YOU TELL US, YOU KNOW, PROCEED.

OKAY.

ALL IN FAVOR OF, UH, OF DECLARING THIS UNLISTED ACTION.

A AYE, AYE.

AYE.

OPPOSED? OKAY.

SO THANK YOU, DAVID.

IS THERE ANY OTHER LEGAL ISSUE THAT WE SHOULD COVER BEFORE WE MOVE FORWARD? DAVID? UH, AARON.

I THINK AARON HAD A, A POINT.

AARON CORIN HAD A POINT TOO, I THINK.

OKAY.

NOT WITH AARON.

YEAH.

AND I JUST, IT WAS JUST A MATTER OF CLARIFICATION.

UM, WITH RESPECT TO THE MOTION ON THE TABLE, UH, CONCERNING THE RECOMMENDATION ON THE VARIANCES, DOES IT DO, DOES THE REVIEW BACK TO H AND L P B, UM, IS THAT RELATED TO JUST THE HOUSE THAT'S ON THE REGISTER, OR BOTH STRUCTURES BEING THAT, UH, THE 50 OR AS I UNDER IS THERE AS I UNDERSTAND IT.

OKAY.

WE'RE ONLY TALKING ABOUT THE VIOLATIONS.

SO NO VIOLATIONS ON THE OTHER HOUSE RIGHT NOW.

ANY OTHER IMPROVEMENTS HAVE TO GO THROUGH THE WHOLE PROCESS, INCLUDING COMING BACK TO US? ANY IMPROVEMENTS BEYOND ON THE VIOLATIONS, WHICH I WAS UNDERSTAND THE CURRENT VIOLATION? YEAH.

UH, THANK YOU.

OR, OR ON THE GARAGE.

OKAY.

CORRECT.

I THINK YOU HAD SOMETHING TO SAY, RIGHT? YEAH.

YEAH.

I, I THINK, UH, UH, SOME OF THE THINGS, SAME THING, UH, ON THE SAME LINE AS AARON SAYING IS, UH, BEFORE WE MAKE A POSITIVE RECOMMENDATION TO ZONING BOARD, UH, SHOULDN'T WE HEAR FROM HISTORIC AND PRESERVATION BOARD WHAT IS THEIR CONCERNS ARE? NO, THIS IS, WE'RE DRAWING A LINE.

WE'RE NOT MAKING A DECISION TO MAKE, BUT WE'RE NOT MAKING ANY DECISIONS.

AARON, GO AHEAD.

NO, NO, NO.

BUT WE, WE ARE MAKING A POSITIVE RECOMMENDATION.

THAT'S WHAT I'M DRAWING A LINE.

UNLESS, UNLESS WE SAY NEUTRAL.

UNLESS WE SAY NEUTRAL, THEN IT'S FINE.

WE'RE DRAWING A LINE.

THAT'S ALL WE'RE DOING.

DRAWING A LINE HAS NOTHING TO DO WITH THEM.

OKAY.

AARON, YOU HAD SOMETHING TO SAY? I, I WAS JUST GONNA SAY THAT THERE'S NO FINAL DECISION BEING MADE BY THE PLANNING BOARD WITH RESPECT TO THE PROJECT AT THIS TIME.

I TEND TO AGREE WITH MR. SCHWARTZ AND MS. FREYTAG THAT THE, YOU KNOW, ACTION FOR THE, THE ZONING BOARD OF WHICH THE PLANNING BOARD IS POTENTIALLY MAKING A RECOMMENDATION ON THIS EVENING WITH, UH, YOU KNOW, ESSENTIALLY DRAWING A LINE ON PAPER.

THERE IS GOING TO BE, IF THE PROJECT ADVANCES, THERE WILL BE A PUBLIC HEARING, THERE'S GONNA BE OPPORTUNITY TO GET ADDITIONAL WRITTEN COMMENTS AND OR RECOMMENDATIONS FROM THE HISTORIC AND LANDMARKS PRESERVATION BOARD.

AND IF AT THAT TIME THE PLANNING BOARD DEEMS ANY OF THOSE RECOMMENDATIONS, UM, WARRANT CONDITIONS OF ANY APPROVAL, THE PLAN, FOR INSTANCE, THE, UM, YOU KNOW, WHAT WE DID WITH THE MARKS SUBDIVISION THAT, YOU KNOW, IT, IT'D BE PUT IN THE DEEDED THAT ANY FUTURE, UM, DEVELOPMENT ON THE SITE COME BACK BEFORE THE PLANNING BOARD AND THE HISTORIC AND LANDMARKS PRESERVATION BOARD.

THOSE CAN BECOME COMPONENTS OF ANY DECISION BY THE PLANNING BOARD.

SO, RIGHT.

WELL, THAT'S, THAT'S MY, THAT'S WHY, WHY I WANNA INCORPORATE THAT IN BY DEFINITION, CORT.

OKAY.

ALL THIS STUFF IS GONNA HAVE TO COME RIGHT BACK TO THE HISTORIC BOARD ANYWAY, BY DEFINITION, BY LAW.

AND THAT WE'RE GONNA, WE'RE GONNA REFERENCE THAT AARON CORRECTLY, RIGHT? AARON? WE'RE GONNA REFERENCE THAT EVEN THE BUILDING IN VIOLATIONS THAT THE BUILDING INSPECTOR, THEY NEED TO WORK WITH THE, THE HISTORIC BOARD TO MAKE SURE THAT WHATEVER CHANGES THEY MAKE TO COME UP TO CODE FIT WITH IT.

'CAUSE THE BUILDING'S OVER 50 YEARS OLD.

OKAY? CORRECT.

HOW OLD IS THE BUILDING? WHEN WAS THE BUILDING BUILT? 1920S.

WELL, THE GARAGE IS IN THE TWENTIES.

THE GARAGE IS TWENTIES OR SLIGHTLY EARLIER THAN THE TWENTIES.

YEAH, RIGHT.

THE OTHER BUILDING WAS THE 16, 16 80 OR SOMETHING? THE ORIGINAL HOUSE? PRETTY PRETTY REVOLUTION 84 ORIGINALLY.

OKAY.

I THINK AT THIS POINT.

OKAY.

[02:00:01]

I'M ALL FOR YOU, .

YEAH.

I, I, I, I, I THINK AT THIS POINT, WE, UH, ADEQUATELY COVERED, UH, THE HISTORICAL, UH, UH, INTEREST OF THE BUILDING AND THE FACT THAT, UH, WE ARE MAKING A, A RECOMMENDATION TO THE ZONING BOARD YEAH.

WITH ALL THE NECESSARY, UH, UH, UH, ADDITIONS THAT IT WILL HAVE TO COME BACK TO THE PLAINTIFF BOARD PRIOR TO ANY, UH, ADDITIONAL, UH, CONSTRUCTION OUTSIDE OF THE CURRENT CURRENT CODE THAT HAVE ALREADY BEEN IDENTIFIED.

OKAY.

I THINK AT THAT POINT, WE SHOULD JUST TAKE A VOTE ON THE RECOMMENDATION THAT WE WILL BE MAKING TO THE ZONING BOARD.

UM, I, I, WE HAVE, UH, SOMEONE RECOMMENDED A POSITIVE.

I DID, I RECOMMENDED IT, BUT I DIDN'T MOVE IT.

WHAT, MAY I SPEAK FOR A SECOND BEFORE? SURE.

LET, LET'S CLARIFY WITH THE, THE MOTION IS BECAUSE THERE, WE'RE TALKING ABOUT FOUR VARI, FOUR AREA VARIANCES.

UM, IF THE BOARD WISHES AND THEY WANT TO COMBINE ALL FOUR, THAT'S FINE.

THAT'S NOT A PROBLEM.

BUT I JUST WANTED TO MAKE SURE IT'S CLEAR WHAT THE BOARD IS DOING.

IT IS ALL FOUR, DAVE.

YEAH.

IT, IT WOULD BE ALL FOUR.

AND I, I WOULD MOVE THAT, THAT WE GIVE A POSITIVE RECOMMENDATION ON ALL FOUR WITH, WITH THE, UH, PROVISOS THAT WE DISCUSSED IN TERMS OF, OF, UM, THE VIOLATIONS HAVE TO GO BACK TO THE HISTORIC BOARD.

OKAY.

FOR, FOR REVIEW BEFORE, BEFORE IMPLEMENTED.

AND ANY NEW CONSTRUCTION HAS TO COME BACK TO THIS BOARD AND ALSO REVIEWED BY THE HISTORIC BOARD, ANYTHING BEYOND THAT BEFORE, BEFORE CONSTRUCTION.

THAT'S MY MOTION.

SECOND.

HAVE ALL THOSE IN FAVOR? AYE.

AYE.

AYE.

OPPOSED? ABSTAIN.

JUST TO CLARIFY, IN, IN ADDITION TO CONSTRUCTION, ALSO DEMOLITION PROPOSED DEMOTION.

YES, YES, YES, YES.

CAN HAVE THAT.

OKAY.

SO, CARRIE, OKAY.

IS, WAS THAT IN THE MOTION DEMOLITION OR WE HAVE TO TAKE THE ? WE'RE ADDING, I, I, I WILL AMEND MY MOTION TO ADD THAT.

SO I'LL MO I'LL MOVE AGAIN WITH THE ADDING DEMOLITION TO THE, TO MODIFY MY MOTION.

UH, DO WE HAVE A SECOND TO THE MODIFIED MOTION? SECOND.

AGAIN, ALL IN FAVOR? AYE.

AYE.

OPPOSED? ABSTAIN.

FINE.

OKAY, SO CARRIE, IT'S CARRIED.

AND YOU CAN NOW GO TO THE ZONING BOARD AND, UH, SEE WHAT THE DECISION IS, UH, BY THE ZONE, BY THE ZONING BOARD IN REGARDS TO THE REQUESTED VARIANCES.

THANK YOU.

GOOD.

OKAY.

GOOD LUCK, LADIES.

THANK YOU VERY MUCH.

HAVE A WONDERFUL NIGHT.

YOU TOO.

AND WE, WE'LL, TRANS, WE WILL TRANSMIT THE NEGATIVE DECLARATION AND THE PLANNING BOARD RECOMMENDATION TO THE ZONING BOARD TOMORROW, SO YOU HAVE THOSE IN HAND FOR YOUR MEETING TOMORROW EVENING.

HAVE A GOOD NIGHT.

OKAY.

SO SIMON, I THINK YOU WANTED TO MAKE THAT ANNOUNCEMENT ON THE NEXT WELL GO.

YOU COULD DESCRIBE IT THEN WHAT IT IS, AND THEN I HAVE SOMETHING TO SAY ABOUT IT, PB OKAY.

I'LL JUST, AND THEN I, I DO WANT TO SAY ONE THING.

IT'S CURRENTLY 9:05 PM UH, WE HAVE TWO ADDITIONAL CASES ON, I MEANT TO SPEAK WITH YOU BEFORE THE MEETING CHAIR PERSON.

UM, IF IT, IT MAY MAKE SENSE TO GIVE, I THINK THIS NEXT CASE IS GONNA REQUIRE TIME TO REVIEW, BUT I WOULDN'T WANNA RUN OUT.

NOT THAT'S NECESSARILY, NOT NECESSARILY BECAUSE, UH, OKAY.

UM, I JUST DON'T WANT, I JUST DON'T WANNA RUN OUT THE MEETING.

NO, WE WON'T RUN OUT.

WE WON'T RUN OUT.

WE WON'T RUN OUT GUARANTEE THAT.

OKAY.

SO, CASE NUMBER P 20 DASH 24 BLOOM ENERGY FOR A PROPERTY LOCATED AT 1 51 FULTON STREET, P O WHITE PLAIN.

IN THE IB INTERMEDIATE BUSINESS ZONING DISTRICT, THE APPLICANT SEEKS AN AMENDED SITE PLAN APPROVAL FROM THE PLANNING BOARD FOR AN APPLICATION INVOLVING THE PROPOSED INSTALLATION OF SIX OUTDOOR NATURAL GAS CLEAN FUEL CELL ENERGY SERVERS TO PROVIDE APPROXIMATELY 1500 KILOWATTS OF BASE LOAD POWER TO THE SITE, THE INSTALLATION FOOTPRINT OF APPROXIMATELY 2,450 SQUARE FEET, AND BE SURROUNDED BY BOLLARDS AND LOCATED WITHIN AN EXISTING PARKING LOT AREA ON THE SITE.

THE APPLICANT HAS ADDED A GRAVEL SERVICE

[02:05:01]

AREA AROUND THE SERVERS TO OFFSET THE ADDITIONAL IMPERVIOUS SURFACES FROM THE NEW PARKING SPACES.

THE PROJECT HAS BEEN REVIEWED BY THE BUILDING INSPECTOR WHO HAS DETERMINED THAT THE FOLLOWING AREA OF VARIANCE IS REQUIRED, UH, AND THAT BEING AN ACCESSORY STRUCTURE PROPOSED WITHIN THE FRONT YARD OF THE SITE.

FURTHER, THE BUILDING INSPECTOR ISSUED A MEMORANDUM TO MY OFFICE THIS AFTERNOON RELATED TO THE PROPOSED USE, WHICH I HAVE FORWARDED ALONG TO ALL BOARD MEMBERS.

THE APPLICANT'S REPRESENTATIVE IS PRESENT THIS EVENING TO FURTHER DETAIL THE PROJECT AND TO ANSWER ANY QUESTIONS OF THE BOARD MEMBERS.

THANK YOU.

OKAY.

UM, BEFORE WE START, I WOULD, UH, WHEN THIS FIRST CAME TO ATTENTION OF THIS PLANNING OF THE PLANNING BOARD, I, THIS IS RIGHT AFTER, UH, UH, THE BATTERY STORAGE, UH, UNIT WAS PRESENTED TO THE BOARD, AND THERE WAS, UH, A LOT OF, UH, OF, UH, MEETINGS AND CONFUSION ABOUT THE APPLICATION.

AND IT WIND UP THAT THIS BOARD ACTUALLY, UH, UH, APPEALED THE DECISION OF THE BUILDING INSPECTOR THE FIRST TIME THAT EVER HAPPENED IN THE HISTORY OF THE PLANNING BOARD.

SO WHEN THIS STARTED, I SAID, LET'S MAKE SURE THAT WE DO EVERYTHING, UH, CORRECT THE FIRST TIME, AND THAT WE, IF THERE'S ANY CLARIFICATION THAT IS NEEDED, WE CORRECT IT BEFORE WE MOVE ON TO THE NEXT STEP.

SO WHEN IT COMES TIME TO MAKE A DECISION, IT'S ALL THE ANSWERS HAVE BEEN APPROPRIATELY ADDRESSED.

ALL OF OUR INFORMATION IS PROPERLY, UH, UH, DOCUMENTED.

ALL OF THE CODES HAVE BEEN REVIEWED.

WE HAVE A COMPLETE UNDERSTANDING OF AN INTERPRETATION OF THE CODE AS IT APPLIES TO THIS APPLICATION.

WE WOULD HAVE SPOKEN TO THE BUILDING, UH, INSPECTOR AND WOULD'VE GOTTEN THEIR INPUT.

AND SO WE COULD MAKE A DECISION ON THIS.

NOW, THE FIRST THING, UH, THAT WHICH, UH, VICE CHAIR, UH, SCHWARTZ POINTED OUT, AND ACTUALLY I MISSED WHEN READING THE DOCUMENTATION, AND HE'S ABSOLUTELY RIGHT, THE APPLICATION IS, IS MADE FOR A SITE, UH, UM, UH, UH, UH, TO THEY, THEY IN ORDER TO MAKE A MODIFICATION TO THE SITE PLAN, BUT THEY'RE NOT OWNERS OF THE SITE.

SO HOW COULD SOMEONE WHO DON'T OWN THE SITE MAKE AN APPLICATION TO AMEND THE SITE? SO THAT BASIC APPLICATION IS INCORRECT.

IT IF IT SHOULD HAVE BEEN THE OWNER OF THE PROPERTY OR A JOINT APPLICATION.

SO RIGHT OFF THE BAT, THE APPLICATION IS INCORRECT.

UH, UH, I, WE WERE HOPING TO GET A, UH, BUILDING INSPECTOR HERE, OR A, A CLARA, UH, UH, INTERPRETATION OF THE CODE AND WHY THIS PARTICULAR, UH, APPLICATION FITS WITHIN THE CODE.

AND SO, YOU KNOW, SO RIGHT OFF THE BAT, THESE ARE MAJOR ISSUES.

AND ONE OF THE THINGS THAT THE, UH, UH, I, I, UH, THE APPLICANT WAS LOOKING FOR US TO MAKE A RECOMMENDATION ON THE VARIANCE TO THE ZONING BOARD.

NOW, WE'RE NOT READY TO DO THAT UNLESS SOME MEMBER, UH, UNLESS THE BOARD THINK DIFFERENTLY, THAT WE'RE IN A POSITION TO MAKE THAT RECOMMENDATION.

I DON'T SEE THAT RECOMMENDATION TAKING PLACE TONIGHT.

OKAY.

NOW OPEN THE FLOOR IF YOU THINK DIFFERENTLY, BUT I DON'T SEE THAT, UH, THAT TAKING PLACE TONIGHT.

THE OTHER THING IS THAT THERE ARE, BUT I THINK WE SHOULDN'T JUST, UH, UTILIZE THE TIME THAT WE WOULD DEVOTE TO THIS APPLICATION.

I'M LEAVING ENOUGH TIME FOR THE, THE NEXT APPLICATION TO BRING UP SOME, UH, POINTS THAT WE REQUIRE CLARIFICATION.

I HAVE SOME POINTS THAT I WOULD LIKE TO HAVE CLARIFIED.

I KNOW VICE CHAIR SCHWARTZ HAVE SOME POINTS HERE WOULD LIKE TO, UH, HAVE CLARIFIED.

AND, AND, AND ANY MEMBER OF THE BOARD, IF THERE ARE ADDITIONAL THINGS YOU WOULD LIKE TO HAVE CLARIFIED, WE COULD USE THE TIME FOR CLARIFICATION.

AND IN THE INTERIM, UH, THE

[02:10:01]

APPLICATION, UH, THE APPLICANT COULD MAKE THE PROPER, UH, APPLICATION TO, UM, UH, UH, MAKE THE APPROPRIATE, UH, APPLICATION.

OR IF THEY WANT TO BE, UH, UH, A JOINT APPLICATION OR THE OWNER OF THE PROPERTY WANTED, THAT'S THEIR CHOICE.

BUT EITHER CASE, THAT WOULD BE A PROPER APPLICATION, BUT THE CURRENT APPLICATION IS NOT A PROPER APPLICATION.

SO, UH, UNLESS, UH, BEFORE I GO FORWARD, DO ANY MEMBERS OF THE BOARD FEEL DIFFERENTLY AND THAT WOULD LIKE TO TAKE A DIFFERENT APPROACH.

OKAY.

SO MY QUESTION, THE QUESTION I HAVE, UH, IS THAT, UM, IN LOOKING AT THE TECHNOLOGY, WALTER AARON HAD HAD ONE THING TO SAY, YES.

AARON? YES.

I I DO HAVE A QUESTION JUST FOR POINT OF CLARIFICATION.

BECAUSE WE SORT OF HAVE RUN INTO SITUATIONS LIKE THIS IN THE PAST MORE SO WITH, LET'S SAY, A RESTAURANT OPERATOR ON A SITE THAT HAS MULTIPLE USES.

AND AT TIMES, THIS OFFICE, OUR OFFICE AND EVEN THE PLANNING BOARD HAS RECEIVED APPLICATIONS, UH, THAT ARE MADE ON BEHALF OF, OR BY A RESTAURANT OWNER, LET'S SAY IN THE EXAMPLE I'M GIVING, WHERE WE HAVE SAID, HEY, WE WANT THE OWNER OF THE SITE OR THE PROPERTY MANAGER TO BE A CO-APPLICANT ON THE APPLICATION.

'CAUSE WE WANT THEM TO BE AWARE OF EXACTLY WHAT'S BEING PROPOSED, WHAT CONDITIONS THE BOARD MAY IMPOSE ON THE OPERATOR AND THE OWNERS OF THE SITE.

SO MY QUESTION IS, IS IT, IS THE BOARD LOOKING FOR THE APPLICANT, WHICH IS GLOOM ENERGY, TO GET THE OWNER OF THE SITE TO JOIN ON AS A CO-APPLICANT? YEAH.

YES.

I JUST WANNA BE, YES.

OKAY.

IF GLOOM ENERGY CAN DO THAT, YOU KNOW, I, I'M, I IMAGINE THEY COULD DO THAT RELATIVELY QUICKLY.

AND DO YOU JUST NOTIFY US WHEN THAT IS DONE AND WE'RE HAPPY TO COMMUNICATE WITH YOU ON THAT.

OKAY.

THANK YOU.

AND I HAVE ONE QUESTION NOW.

I'LL TURN IT OVER TO YOU.

MY, MY QUESTION IS, UH, WE KNOW, WE KNOW, UH, IN THE BARR STORAGE SITUATION YOU HAVE ENERGY STORED.

MY UNDERSTANDING OF THIS TECHNOLOGY IS THAT IT IS ONLY CREATING ELECTRICITY WHEN THERE IS A, A, A, A CHEMICAL, UM, ELECTROCHEMICAL REACTION TO THE METHANE.

AND AS SOON AS THE METHANE SOURCE IS SHUT OFF, NO ELECTRICITY IS GENERATED.

THE QUESTION IS, IS THERE ANY SORT OF STORAGE CAPACITY, WHETHER THEY'RE, THEY'RE IN CAPACITY, THE CAPACITORS OR WHATEVER, THAT WHEN THAT, UH, GAS IS TURNED OFF, IS THERE ANY SOURCE OF ELECTRICAL CURRENT IN THAT CABAGE? SO THAT'S, THAT'S MY QUESTION THAT, UH, I WOULD LIKE TO HAVE UH, ANSWERED.

YEAH, GOOD EVENING.

NADAL ALSO MIGHT YOUR BLUE MANAGER PROJECT MANAGER, TO ANSWER YOUR QUESTION? NO.

SO AS SOON AS YOU TURN OFF THE GAS, UH, UH, UH, ELECTRICAL GE UH, GENERATION STOP AND THERE'S NO STORAGE OR CAPACITIES OR ANYTHING THAT COULD STORE ELECTRICITY TO REITERATE, NO.

OKAY.

YOU OKAY.

THANK, THANK, THANK YOU, MRS. SIMON.

UM, FIRST I WANNA ADDRESS A LITTLE BIT WITH THE BUILDING INSPECTOR.

HE, UH, HE CITED ONE PART OF THE CODE THAT HAS SUPPLEMENTAL USES IS ANOTHER PART OF THE CODE THAT LISTS SUPPLEMENTAL USES.

UH, IN THE, IN THE IV ZONE, HE CITED THE ZONING CODE.

I LOOKED AT THE TOWN CODE, WHICH IS 2 85 36, AND THIS IS NOT LISTED AS A, A, UH, USE UNDER 2 85 36.

INTERESTINGLY ENOUGH, ALSO, INTERESTINGLY ENOUGH, UM, SUBSTATIONS AND THINGS LIKE THAT LISTED UNDER SPECIAL PERMIT IN THAT PART OF THE CODE.

AND I THINK FOR GOOD, EXCUSE ME, FOR GOOD REASON, BECAUSE THEY DO HAVE AN IMPACT.

THE SECOND THING IS THERE IS, THERE IS A PROHIBITION IN THERE.

AND I'M NOT SAYING THAT THE APPLICANT DOESN'T MEET THE STANDARD HERE, SO I WANNA MAKE THAT CLEAR.

I JUST DON'T KNOW IF WE HAVE THE ANSWER TO THIS YET.

UM, THERE WERE SOME ENVIRONMENTAL STANDARDS IN, IN THERE THAT IF IT DOESN'T MEET THE ENVIRONMENTAL STANDARDS, I KNOW YOU MEET THE NOISE STANDARDS, THAT THAT'S VERY CLEAR FROM YOUR REPORT, AND THANK YOU FOR THAT REPORT.

SO I'M NOT WORRIED ABOUT THE NOISE, UM,

[02:15:01]

IN TERMS OF EMISSIONS, IN TERMS OF THE PRODUCTION OF HAZARDOUS MATERIAL IN THOSE FILTERS.

UM, ALL OF THAT STUFF, I DON'T KNOW ENOUGH YET TO UNDERSTAND WHETHER OR NOT THERE'S A POTENTIAL NEGATIVE ENVIRONMENTAL IMPACT.

AND IN FACT, WE HAVE A BOARD THAT'S SUPPOSED TO BE REVIEWING THE ENVIRONMENTAL PART OF THIS.

IT'S CALLED THE CONSERVATION ADVISORY COUNCIL.

WHY THIS HASN'T BEEN SENT TO THE C A C YET.

I DON'T KNOW, BUT I'M GONNA RECOMMEND TONIGHT THAT IT IS, I ALREADY TALKED TO MIKE SIEGEL, UH, THIS MORNING AND TO TERRITORY THE VICE CHAIR AND CHAIR OF THAT BOARD.

UH, MIKE IS CHAIRING THE NEXT MEETING ON THE 28TH OF OCTOBER.

UH, AGREED THAT HE WOULD PUT IT ON THE AGENDA FOR THE 20TH, 8TH OF OCTOBER AND GET US A REPORT BEFORE OUR NEXT MEETING ON NOVEMBER 3RD.

SO, I, I WOULD RECOMMEND THAT WE REFER IT TONIGHT TO THE C A C FOR THEIR REVIEW, BECAUSE, YOU KNOW, IF YOU LOOK BACK TO THE BATTERY STORAGE, UH, SITUATION THAT WE HAD, UM, WE DIDN'T KNOW ENOUGH.

AND IT, WE, WE HAD A LOT OF STARTS AND STOPS ON THAT PROJECT BEFORE THAT.

AND IT WAS ACTUALLY WHAT THE C A C UNCOVERED THAT LED US TO THE ADDITIONAL RESEARCH THAT LED US TO DOING WHAT WE ULTIMATELY DID.

AND WE WROTE A FANTASTIC NEW LAW.

AGAIN, NOT A REFLECTION ON THIS TECHNOLOGY, THIS MAY MAY BE TERRIFIC TECHNOLOGY.

OKAY? IT'S A MATTER OF DUE DILIGENCE AND THAT, THAT I THINK SHOULD BE DONE, AND I THINK WE SHOULD GET A REPORT FROM THE C A C.

I DO HAVE A COUPLE SPECIFIC QUESTIONS, THOUGH, THOUGH FOR YOU.

UH, HOW DO YOU PRONOUNCE YOUR LAST RE, MR. RE, IS THAT CORRECT? SAMRAN REIN.

SORRY.

RE YEAH.

OKAY.

ONE OF THE THINGS I NOTICED, I I, I WENT AND LOOKED AT YOUR BACKPACK.

YOU GUYS HAVE DONE A LOT OF FACILITIES, PARTICULARLY IN CALIFORNIA, I NOTICED.

UM, AND I UNDERSTAND THERE'S A CHOICE OF, OF FUELS THAT YOU CAN USE, UM, FOR, UH, THE, TO, UM, TO DO THIS, YOU CAN USE, UH, UH, NATURAL GAS LIKE YOU'RE USING AND PROPOSING HERE YOU CAN USE HYDROGEN OR YOU CAN USE BIOFUELS.

AND IN FACT, I THINK THERE'S A, THERE'S A LITIGATION WHERE YOU WERE NOT ALLOWED TO USE NATURAL GAS IN THE CITY OF SANTA CLARA THAT IT'S CURRENTLY DOING.

WHAT WAS THE REASON FOR THE CHOICE OF NATURAL GAS IN THIS PARTICULAR PROJECT? BECAUSE THAT'S WHAT'S AVAILABLE.

THAT'S THE AVAILABLE FUEL.

MM-HMM.

.

OKAY.

ALL RIGHT.

UM, NOW I ALSO UNDERSTAND THAT THERE ARE SOME KIND OF, YOU HAVE, YOU SCRUB, YOU SCRUB THE NATURAL GAS BEFORE, BEFORE YOU USE IT.

SO YOU GET OUT ALL THE IMPURITIES LIKE SULFUR AND I GUESS THAT, I DON'T KNOW WHAT THEY ADD TO IT.

SULFUR HYDROXIDE OR WHATEVER THEY ADD FOR THE SMALL HYDROGEN SULFIDE.

HYDROGEN SULFUR, OKAY.

HYDROGEN SULFIDE.

THAT'S THE MR. SIMON'S A CHEMIST, NOT ME.

OKAY.

SO, SO HYDROGEN SULFIDE, AND I KNOW YOU SCRUB IT AND YOU ALSO, I THINK, CAPTURE A SIGNIFICANT AMOUNT OF THE CARBON IN THOSE FILTERS.

HOW OFTEN ARE THOSE FILTERS NEED TO BE REPLACED? AND IF THEY'RE NOT REPLACED OR MAINTAINED, WHAT'S THE IMPACT ON THE EFFICIENCY IN TERMS OF, OF OF EMISSIONS? THE DESAL AUTHORIZATION BEDS GET CHANGED OUT ANNUALLY.

THEY GET CHANGED OUT ANNUALLY.

ANNUALLY, OKAY.

AND THAT IS A REQUIREMENT THAT WE COULD PUT INTO, IF WE DECIDED IN, IN OUR, OUR DECISION TO PUT IN THE, TO ENSURE THAT THAT IS PUT TO, YOU KNOW, DOCUMENTED, YOU WOULD'VE NO PROBLEM WITH US PUTTING THAT IN OUR DECISION.

WELL, I'D ASK YOU WHAT I CAN I JUST INTERRUPT YOU FOR MINUTES, HUGH, ON THAT POINT? YEAH.

RATHER THAN SAYING THAT IT SHOULD BE REMOVED ANNUALLY, IT SHOULD BE BASED UPON IT THE EFFICIENCY.

SO IF, FOR INSTANCE, YOU GET A BATCH OF, UH, OF METHANE THAT HAVE A SLIGHTLY HIGHER CARBON, I MEAN, UH, UH, UH, UH, SULFUR, UH, SLIGHTLY HIGHER, THEN IT WILL SHORTEN THE LIFE OF THE, UH, SO RATHER THAN PUTTING THE, AND NOT UNLESS YOU HAVE DATA TO SHOW THAT THE STATISTICAL DATA THAT SHOWS THAT, YOU KNOW, AT, UH, AT ONCE A YEAR, YOU, YOU, YOU KNOW, YOU, YOU GET, UH, UH, UH, UH, A HIGH LEVEL, UH, OF EFFICIENCY, THAT'S FINE.

BUT IF YOU DON'T HAVE THAT DATA THAT SHOWS THAT AT THE ONE YEAR PERIOD IS YOU STILL HAVE AN EFFICIENT PRODUCT, THEN I THINK IT SHOULD BE BASED UPON THE, THE,

[02:20:01]

UH, UH, DOCUMENTED, UH, UH, UH, EFFICIENCY OF THE, OF THE, OF THE, TO FOLLOW UP ON THAT.

MR. S, JUST TO ADD TO TO THAT, COULD YOU TELL US HOW YOU MONITOR, UH, WHAT THE EMISSIONS, BECAUSE THAT, TO DO WHAT MR. SIMON SAID, YOU'D HAVE TO BE ABLE TO MONITOR WHAT'S COMING OUT OF THE, COMING OUT OF THE, UH, FUEL CELLS.

RIGHT.

SO IN OUR LAST MEETING, WE KIND OF WENT OVER THIS, BUT JUST TO REITERATE.

SO WHAT WE DID, WHAT WE DO IS WE HAVE SENSORS ALL OVER THE FUEL CELLS.

AND THAT, ME, ME, MEASURES NOT JUST THE EMISSIONS AND MEASURES WATER CONDUCTIVITY, IT MEASURES, UH, THE, THE SULFUR CONTENT.

SO THERE'S A LOT OF, UH, A LOT OF INSTRUMENTATION ON THESE UNITS.

AND WE HAVE SOMETHING CALLED THE REMOTE CONTROL CENTER, WHICH IS MONITORED 24 7 A DAY.

OKAY.

AND WHAT THEY LOOK AT IS THEY LOOK AT THE STACKS OF THE FUEL CELLS AND THEY'RE ABLE TO SEE WITHIN THESE STACKS HOW THE GAS IS BEING CONSUMED.

AND THERE'S OTHER FACTORS TO EFFICIENCY, BUT THE CANISTERS BEING CHANGED OUT ANNUALLY IS NO DIFFERENT THAN YOUR CAR HAVING YOUR OIL CHANGED EVERY 3000 MILES OR WHATEVER THE STANDARD IS FOR YOUR, FOR YOUR MOTOR VEHICLE.

UH, WITH THESE FUEL CELLS, THE, THE SULFURIZATION BEDS ARE CHANGED OUT EVERY 12 MONTHS, AND THAT HAS TO DO PRIMARILY WITH THE EFFICIENCY OF THE FUEL CELL.

OKAY.

NOW, THE, JUST TO ADD, IN ADDITION TO THAT, WE DO A GAS, UM, ANALYSIS BEFORE WE GET INTO THESE PROJECTS, PART OF OUR DUE DILIGENCE.

AND WHAT WE DO IS WE'RE ABLE TO CLASSIFY GAS IN DIFFERENT WAYS, YELLOW, RED, AND ORANGE.

SO WE'RE ABLE TO SEE, FOR LANDFILL GAS, LIKE BIOGAS, IT REQUIRES, UH, A LOT MORE DES SULFURIZATION THAN A WOOD IN OUR REGULAR TOWN GUESTS THAT WE SEE.

OKAY.

SO LET, LET ME ASK YOU ANOTHER QUESTION ABOUT, ABOUT THE, YOU'RE CALLING THEM SULFUR BEDS, THAT'S WHAT THESE FILTERS ARE, CORRECT? DES SULFURIZATION BEDS.

OKAY.

UM, WHEN YOU, WHAT IS THE, WHAT IS THE CHEMICAL COMPOUND? WELL, LEMME ASK YOU A DIFFERENT WAY.

ARE THERE ANY HAZARDOUS MATERIALS WITHIN THOSE THINGS AND HOW DO YOU DISPOSE OF THEM? SO THEY'RE CANISTERS AND A COMPANY COMES OUT THERE AND, UM, FROM OUR FIELD SERVICES, THEY COME OUT THERE AND THEY SWAP 'EM OUT, AND THEN THEY SHIP 'EM TO DELAWARE.

SO IT'S NOT LIKE THIS IS SOMETHING THAT, UH, WE TAKE AND WE PUT IT OUTSIDE IN THE YARD FOR YOUR TOWNSHIP TO PICK UP.

I UNDERSTAND THAT, BUT THAT DIDN'T ANSWER MY QUESTION.

I MEAN, ALL, ALL HAZARDOUS MATERIAL HAS TO BE DRUMMED UP, WHETHER THEY'RE IN CANISTERS OR NOT.

IT'S GOTTA BE PUT INTO A DRUM.

I RUN A CHEMICAL PLANT, I KNOW THAT.

OKAY.

WHAT I'M ASKING IS, WHAT IS IT, ARE, ARE THE MATERIALS THAT ARE COLLECTED INSIDE, CONSIDERED UNDER, UM, E P A OR EVEN THE NEW YORK D E C TO BE HAZARDOUS? TO MY KNOWLEDGE, THERE'S NO HAZARDOUS MATERIAL WITHIN THOSE.

SO THEY'RE NOT DISPOSED OF AS HAZARDOUS MATERIAL.

IT'S NOT LIKE TREATING OIL.

OKAY.

'CAUSE I KNOW THAT THERE WAS AN ISSUE WITH THE, THE, THE STATE OF DELAWARE ABOUT THAT.

THAT'S WHY I'M ASKING THE QUESTION.

CAN WE, CAN WE DO ANYTHING, DO YOU HAVE ANYTHING YOU CAN SHARE WITH US HERE TODAY THAT WE COULD SEE? THERE WAS, AND YOU CAN GO ON THE INTERNET AND FIND IT.

THAT'S WHERE I FOUND IT.

THERE WAS A QUESTION WITH THE STATE OF DELAWARE THAT I DON'T KNOW HOW IT WAS RESOLVED.

AND WHAT I'D LIKE YOU TO DO IS JUST CONFIRM TO US THAT THERE ARE NO HAZARDOUS MATERIALS WITHIN THOSE CANISTERS.

OKAY.

AND I'D ALSO LIKE TO KNOW HOW THEY'RE DISPOSED OF OKAY.

WHETHER THEY'RE DISPOSED IN THE STATE OF DELAWARE OR, OR NOT.

I'D STILL LIKE TO KNOW HOW THEY'RE DISPOSED OF.

OKAY.

UM, I THINK THAT'S ABOUT IT.

OH, ONE OTHER THING.

UM, I KNOW THEY'RE GONNA BE, I KNOW THIS IS GOING TO BE WITHIN THE YARD OF ALTIS, BUT I'VE, TODAY, WHEN I DROVE BY, I THINK THE GATE TO THE YARD WAS OPEN.

IS IT POSSIBLE INSTEAD OF, IN ADDITION TO THE BOLLARDS, YOU COULD PUT PROTECTIVE FENCING AROUND, AROUND THIS UNIT SO THAT, 'CAUSE I KNOW IT'S, THERE'S HEAT GENERATED ON THE TOP AND YOU'RE SURE AS HELL WANT KIDS OR ANYBODY, YOU KNOW, BE ON THE TOP OF IT.

SO IS IT POSSIBLE TO PUT A FENCE AROUND, THIS IS IN ADDITION TO THE BALLERS.

SO WHAT, WHAT'S THE, WHAT'S THE POINT OF THE FENCE, JUST SO I UNDERSTAND, TO KEEP, TO KEEP KIDS OUT OR KEEP ANYBODY OUT, DOES A FENCE AROUND THE PROPERTY.

I UNDERSTAND THAT, BUT THE GATE WAS OPEN.

NO, I UNDERSTAND.

BUT AN ADDITIONAL FENCE, HOW WOULD THAT PREVENT KIDS FROM, BECAUSE IT, IT WOULD, WOULD BE A LOT, IT WOULD BE LOCKED.

RIGHT NOW I CAN WALK OUT OF THE PROPERTY.

I CAN WALK RIGHT BY A BALLARD AND FROM A KID, I LOST THE BALL UP IN THE TOP THERE SOMEWHERE.

I COULD GO CLIMB UP ON IT.

[02:25:01]

THAT'S WHY, WHY THE, THE ONE WE SAW, I BELIEVE, UM, MR. HAY WAS OUT THERE.

I WASN'T, BUT I BELIEVE THAT ONE WAS FENCED IN.

IS THAT CORRECT, TOM? THAT'S RIGHT.

THE ONE IN BURG.

YEAH.

WE, WE SPLIT FENCE IN.

YEAH.

WE BASE THE FENCES ON OBVIOUSLY A LOT OF CONDITIONS, WHETHER IT'S TO BLOCK THE VIEW OF 'EM OR WHATEVER THE CASE MAY BE.

BUT THESE ARE SEVEN FEET TALL.

TALL, AND THERE'S A FENCE AROUND ALTICE ALREADY.

UM, SO UNLESS YOU KEEP THE GATE CLOSED, IT'S NOT, IT'S NOT A FENCE.

AND THE GATE, THE GATE WAS OPEN, I THINK UNDERSTAND THERE'S SEVEN, SEVEN FEET TALL.

IT'D BE VERY HARD FOR A KID TO, TO GET UP THERE.

THAT'S WHAT I'M SAYING.

UH, I, I WENT BECAUSE I WOULD LIKE TO, BECAUSE WE ARE NOT GOING TO FINISH THIS, UH, UH, OKAY.

I'M DONE.

WALTER WORK SECTION TODAY I LIKE TO TAKE UP, UH, UH, UH, VIEW SWITCH U SCHWARTZ PROPOSAL.

AND I USE, AND, AND DULY NOTE, UH, THAT, UH, THAT YOU HAVE BEEN REQUESTED TO TAKE A LOOK AT PUTTING A FENCE AROUND THAT UNIT.

OKAY? UM, UH, UH, UH, THIS IS THE WORK SESSION AND YOU HAVE THE OPPORTUNITY TO MAKE MODIFICATIONS.

UH, YOU HAVE THE OPPORTUNITY TO ANSWER THE QUESTIONS IN TERMS OF, OF THE HAZARDOUS NATURE OF THE MATERIAL, WHETHER IT, WHETHER OR NOT IT IS, AND, AND HOW THAT MATERIAL DISPOSE.

SO THE, THAT'S THE PURPOSE OF A WORK SESSION TO SURFACE THESE CONCERNS.

OKAY.

DAVID, YOU HAD SOMETHING TO SAY? UH, AARON WAS FIRST, BUT, UH, OKAY, SIR, BUT I'M GONNA JUMP AHEAD ANYWAY.

AND JUST SAY THAT THAT'S ONE OF THE REASONS WHY IT'S IMPORTANT TO HAVE ALTICE AS A CO-APPLICANT PRESENT HERE.

THE ISSUE OF THAT FENCE.

I THINK THAT'S, UM, 'CAUSE THAT'S GONNA BE ON THEIR PROPERTY, RIGHT? AARON? IT WAS ONLY TO ANNOUNCE THAT DAVID HAD A COMMENT.

.

OKAY, FINE.

OKAY.

SMALL COMMENTS.

YOU, YOU, YOU MADE SOME PROPOSALS.

SO, SO, UH, UH, HE MADE A PROPOSAL THAT THIS, UH, APPLICATION IS GIVEN TO THE C A C SO THEY CAN MAKE COMMENTS ON IT.

AND HE ENCOURAGED THE, UH, THE APPLICANT TO GO TO THE NEXT MEETING.

YOU DID GIVE THE DATE OF THAT OCTOBER 28TH, WALTER, YOU KNOW, UH, UH, SO WE ENCOURAGE YOU TO GO, UH, AND, UM, UNLESS, UH, THERE IS, UH, INPUT FROM THE, UH, THE BOARD CONTRARY TO THAT, THEN UH, WE, WE WILL REFER THIS TO THE C A C.

OKAY.

IF I COULD JUST, UH, MR. CHAIRMAN, IF I COULD JUST COMMENT, UM, YOU GUYS DID A SITE VISIT AT EQUINIX? YES.

AND YOU SAW THE INSTALLATION IN THERE? YEAH, UM, WE DID THAT PROJECT.

THAT WAS OUR PROJECT.

AND YEAH, WE, WE'VE BEEN WITHIN THIS APPLICATION FOR OVER A YEAR NOW, AND WE'VE, WE'VE HAD, YOU KNOW, BACK AND FORTH WITH QUESTIONS AND ANSWERS AND THAT THAT'S FINE.

YOU KNOW, YOU NEED TO KNOW THE INFORMATION TO MAKE THE RIGHT DECISION.

THE QUESTION I HAVE IS, WITH EQUINIX BEING INSTALLED, WHAT WAS THE PROCESS FOR THESE FUEL CELLS TO BE INSTALLED, UH, DURING THAT TIMEFRAME? AND THE PERMANENT PROCESS FOR THAT WAS, DID, DID NOT TAKE, UM, AS LONG AS THIS.

SO I JUST WANNA UNDERSTAND, BECAUSE, YOU KNOW, LIKE I SAID, WE, WE'VE BEEN AT THIS FOR A YEAR AND QUESTIONS, OKAY.

FIRST OF, FIRST OF ALL, THIS APPLICATION BEEN BEFORE.

I'LL KNOW WHAT HAPPENED BEFORE THE APPLICATION BEEN BEFORE THIS BOARD FOR WHAT, A MONTH AND A HALF? UH, KAREN CAN ANSWER THIS.

YEAH.

A COUPLE OF MONTHS, BUT, UH, IF I CAN ANSWER THE, THE DIRECT QUESTION FROM MR. SIMRAN.

UM, THE DIFFERENCE BEING THAT THE DETERMINATION BY THE BUILDING INSPECTOR IN THE FORMER APPLICATION COLLECTIVELY WITH THE COMMISSIONER OF THE DEPARTMENT OF PLANNING AND THE TOWN ENGINEER WERE ABLE TO MAKE A CONCLUSION THAT THE OTHER SITE, UM, DIDN'T HAVE THE POTENTIAL FOR OFFSITE IMPACTS, WHEREAS IT, IT WAS IN AN ISOLATED AREA OF A LARGE SITE.

WHEREAS THIS CURRENT APPLICATION IS IMMEDIATELY ADJACENT TO A RESIDENTIAL NEIGHBORHOOD AND A RESIDENTIAL ZONED SITE THAT HAD OR HAD AN ACTIVE APPLICATION FOR MULTI-FAMILY HOUSING.

UM, IT'S RIGHT, BUT UP AGAINST, UH, UH, AN INTERSECTION OF TWO ROADWAYS, ONE, WHICH LEADS UP TO, AS I MENTIONED, UH, A RESIDENTIAL NEIGHBORHOOD.

SO THERE WERE, THERE WAS A DIFFERENCE IN THE APPLICATION IN THAT REGARD.

IN THE OTHER INSTANCE, THEREFORE, SITE, THE SITE PLAN WAS ISSUED A WAIVER

[02:30:01]

BY THOSE THREE DEPARTMENT HEADS, IF YOU WILL, UH, WHICH IS PERMITTED UNDER THE CODE IN THIS INSTANCE, IT WAS NOT.

AND THAT, THAT THEREFORE REQUIRES AN AMENDED SITE PLAN, UH, THROUGH THE PLANNING BOARD.

OKAY.

SO I HOPE THAT ANSWERS THE QUESTION.

YES.

THANK YOU FOR YOUR RESPONSE.

THAT CLEARS WELL.

OKAY.

AND, AND, AND, AND AS, AS SOON AS YOU MEET WITH, UH, THE C A C, UH, YOU GET BACK TO, UH, MR. SCHMIDT, UH, THE STATUS.

AND I WILL PUT YOU BACK ON, UH, UH, THE WORK SESSION AND, YOU KNOW, AS SOON AS I CAN.

UH, BUT WE'RE NOT HERE TO HOLD UP, UH, THE, THE APPLICATION, BUT WE WANNA MAKE SURE THAT WE HAVE AN OBLIGATION TO DO OUR DUE DILIGENCE.

SO, WAL WALTER, MR. SIEGEL, UH, PROMISED ME THAT THEY GET SOME KIND OF REPORT FROM THE C A C BEFORE OUR NOVEMBER 3RD MEETING.

I KNOW IT'S ONLY A COUPLE DAYS BEFORE, BUT, OKAY.

SO, OKAY.

SO I WANTED IT TO BE DOWN.

SO THINGS START MOVING THAT WAY.

I'LL DO MY BEST TO PUT YOU ON, ON, ON AT, AT THAT MEETING.

OKAY.

SO IT'S KEEP IN CONTACT WITH, UH, DEPUTY COMMISSIONER SCHMIDT, AND THEN IF I THINK THINGS ARE MOVING ALONG, I'LL PUT YOU BACK ON THE AGENDA, OKAY? OKAY, THANK YOU.

OKAY.

COULD THE, UH, UH, WE HAVE ABOUT A HALF HOUR LEFT, UH, FOR THE NEXT APPLICATION.

YEAH, CHAIRPERSON.

THE NEXT AND, AND FINAL ITEM ON THE AGENDA THIS EVENING ANYWAY, IS PB 21 DASH 20 CHICONE LOCATED AT 84 EUCLID AVENUE, P O ARLEY, IN THE R 7.51 FAMILY RESIDENCE DISTRICT.

THE APPLICANT SEEKS A PLANNING BOARD STEEP SLOPE PERMIT APPROVAL FOR AN APPLICATION INVOLVING THE PROPOSED DEMOLITION OF AN EXISTING ONE FAMILY RESIDENCE AND THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE WITH RELATED IMPROVEMENTS ON THE SITE.

THE PROJECT INVOLVES REGULATED STEEP SLOPE DISTURBANCE, THUS REQUIRING STEEP SLOPE PERMIT THROUGH THE PLANNING BOARD.

THE APPLICANT'S REPRESENTATIVE IS PRESENT THIS EVENING OR FURTHER DETAIL THE PROJECT AND ANSWER ANY QUESTIONS OF THE PLANNING BOARD MEMBERS.

SO I'LL TURN IT OVER TO MS. MS MAN FREDONIA, PLEASE.

GOOD EVENING, EVERYBODY.

I'M ALYSSA MAN FREDONIA HERE FROM THOMAS HAYNES ARCHITECT'S OFFICE REPRESENTING OUR, UH, CLIENT, MS. BRIAN CHACON.

AND OUR PROJECT AT 84 EUCLID IS CURRENTLY A ONE AND A HALF STORY BUNGALOW THAT IS VERY IRREGULARLY SHAPED ON THE SITE.

IT WAS BUILT IN 1923.

AND AFTER REVIEWING THE, UM, AND ANALYZING WHETHER IT WAS A GOOD IDEA TO BUILD AN ADDITION OR TO START A BRAND NEW CONSTRUCTION, WE FELT IT WAS BEST TO DEMOLISH THE ENTIRE HOUSE AND START, UH, WITH A NEW BUILDING SO THAT WE CAN PROPERLY SITUATED ON THE LOT.

I'M GONNA, UH, SHARE MY SCREEN.

OH, OKAY.

I JUST DID, I'LL TAKE MINE DOWN.

SORRY, .

GO AHEAD.

THAT'S OKAY.

OKAY, LET'S SEE.

DID THE, DID IT WORK? EVERYBODY CAN SEE? YES.

YES.

SO CURRENTLY, IF YOU CAN SEE HERE, THE CURRENT HOUSE IS NOT, UM, PARALLEL OR PERPENDICULAR TO ANY OF THE LOT LINES.

IT ALSO IS RELATIVELY CLOSE TO THE FRONT, SO, AND NON-CONFORMING WITH THE PORCH.

SO ULTIMATELY, YOU KNOW, DOING SOME ADDITIONS WOULD JUST BE VERY UNDESIRABLE AND DIFFICULT TO, UH, WORK WITH WHAT WE WERE GIVEN.

SO IN OUR NEW PROPOSED FAIR OPTION, WE WOULD BE, YOU KNOW, WORKING WITH ALL OF THE REQUIRED SETBACKS, SITUATING THE HOUSE, UM, YOU KNOW, CORRECTLY ON THE SITE IN RELATION TO ALL THE LOT LINES.

UM, WE WILL KEEP THE EXISTING GARAGE BECAUSE WE, RIGHT NOW IT IS EXISTING NON-CONFORMING AND TO REMOVE IT AND RELOCATE IT, WE FELT IT WOULD BE EVEN A LOT MORE DISTURBANCE TO HAVE TO RUN THE DRIVEWAY BACK A LOT FURTHER AS WELL AS PUSHING IN THE, UM, GARAGE.

SO WE'RE JUST FOCUSING ON THE NEW HOUSE.

UM, IT'S GONNA BE A 3000 SQUARE FOOT HOUSE ABOUT IT IS FOR THE PROPERTY AS FAMILY TO LIVE THERE.

UM, AND IF THERE'S ANY FURTHER QUESTIONS, I AM HERE TO ANSWER THEM.

JUST ONE QUICK QUESTION,

[02:35:01]

UM, IF, IF YOU HAVE ALREADY SPOKEN TO IT.

UH, I DID HAVE TO STEP AWAY FOR A SECOND JUST TO TOUCH ON THE SLOPE DISTURBANCE ASSOCIATED WITH THE, THE PROJECT.

SO WE WILL BE, LET ME JUST PULL THIS UP.

SO I BELIEVE THE, OKAY, SO THE SLOPE DISTURBANCE WILL BE, UM, AROUND, I BELIEVE IT WAS IN THE 2000 SQUARE FOOT, UM, RANGE.

I HAVE THE PAPER, KAREN, I HAVE 2098.

YEAH.

2098.

UH, FOR 15 TO 25%.

CORRECT.

YEAH.

SO MOST OF OUR DISTURBANCE, ALL OF OUR DISTURBANCE WILL BE DONE IN A STEEP SLOPES AREA.

UM, WE TRIED TO WORK WITH MOST OF THE NEW, OR ATTEMPTING FOR THE NEW FOOTPRINT TO BE IN THE FOOTPRINT OF THE EXISTING HOUSE.

AS YOU CAN SEE, THE GRAY IS THE EXISTING HOUSE AND YOU KNOW ABOUT HALF OF IT, IT OVER, WE ARE WORKING WITH THE SLOPES OTHER THAN THE DISTURBANCE OF THE HOUSE, UM, THAT MAYBE YOU COULD SEE BETTER IN SOME OF THE SIDE ELEVATIONS, YOU KNOW, TRYING TO, YOU KNOW, DO THE DECKS AND THINGS TO WORK WITH WHAT'S THERE WITHOUT HAVING TO REGRADE TOO MUCH OTHER THAN WHAT IS REQUIRED FOR THE HOUSE ITSELF.

OKAY.

UM, HAVE YOU EVER LOOKED AT WHAT WOULD BE REQUIRED TO HAVE THE GARAGE, UH, UNDER THE HOUSE TO HAVE THE GARAGE UNDER THE HOUSE? UM, IT WASN'T SOMETHING THAT THE CLIENT WAS REALLY INTERESTED IN EXPLORING IN TERMS OF HIS OVERALL DESIGN INTENT FOR HIS HOUSE.

MM-HMM.

, UM, IT POTENTIALLY, THE SITE SLOPES DOWN, SO THEY WOULD HAVE TO DRIVE, OBVIOUSLY, DOWN AND AROUND AND UNDER.

UM, THEY WERE NOT, UH, THAT DESIRABLE FOR IT.

THEY FELT THEY REALLY WANTED THE SPACE OF THE INTERIOR OF THE HOUSE OKAY.

TO, UH, HAVE FOR THEM.

OKAY.

THAT ANSWERS MY QUESTION.

OKAY.

NOW IF YOU, OKAY, THAT HA THAT BUILDING THE GARAGE'S GRANDFATHER, UH, DOESN'T MEET CODE, BUT IF YOU WERE TO RENOVATE THAT GARAGE, DOES THAT KICK THIN? I I KNOW YOU CAN REPAIR IT AND THAT DOESN'T, THAT DOESN'T, UH, YOU DON'T HAVE TO UPGRADE.

IT'S JUST A REPAIR.

BUT IF YOU WERE TO RENOVATE, WOULDN'T THAT REQUIRE, UH, UH, YOU TO DO SOMETHING, UH, UH, MOVE THAT GARAGE OR? SO IF, FROM MY UNDERSTANDING, IF WE WERE TO DO ANY WORK IN TERMS OF ADDING TO THE FOOTPRINT OR ANY ROOF WORK OR ANYTHING STRUCTURAL, WE WOULD THEN BE REQUIRED TO MAKE IT COMPLY.

UM, ULTIMATELY AESTHETICALLY THEY'RE GONNA EVENT POTENTIALLY, YOU KNOW, WE DO THE SIDING AND FIX UP THE AESTHETICS TO MAKE IT MATCH THE NEW HOUSE BECAUSE IT IS, THE EXISTING HOUSE IS DATED.

UM, AND THAT WAS SOMETHING THEY ALSO BROUGHT UP WHEN WE WENT TO THE HISTORICS BOARD BECAUSE IT IS, YOU KNOW, IT DID HAVE TO GO GET APPROVED FOR THAT AS WELL.

'CAUSE IT'S A DATED HOUSE.

AND WE DID MENTION THAT AESTHETICALLY WE WOULD BRING IT UP TO, UH, MEET THE AESTHETICS OF THE NEW HOUSE WITHOUT ALTERING ANY OF THE SIZES OR COMPONENTS OF THE ROOF OR ANYTHING LIKE THAT.

OKAY.

ANY OTHER BOARD MEMBERS HAVE ANY QUESTIONS ABOUT THIS APPLICATION? OKAY.

IF, UH, IF WE DON'T HAVE ANY OTHER, UH, QUESTION REGARDING THIS APPLICATION.

OKAY.

NOW, AARON, IN, IN TERMS OF OUR SCHEDULE NOW, UH, GRAYSTONE WAS TAKEN OFF THIS ONE AND MOVE TO THE NEXT, UM, UH, YEAH.

SO IN TERMS OF THE SCHEDULE, UM, WE WOULD HAVE GIVEN WHAT, WHAT'S TAKEN PLACE TONIGHT, I THINK THERE IS, UH, OPPORTUNITY TO PLACE THIS ONTO THE PLANNING BOARD'S NOVEMBER 3RD CALENDAR FOR A PUBLIC HEARING.

EVEN WITH GRAYSTONE BUMPING OVER.

UM, I DON'T SEE THAT AS BEING AN ISSUE.

I DON'T SEE THIS BEING AS, UM, YOU KNOW, CONTROVERSIAL.

UH, I WOULD SUGGEST HOWEVER, THAT, UH, THE PLANNING

[02:40:01]

BOARD CONSIDER HAVING A POINT PERSON GO OUT AHEAD OF THE PUBLIC HEARING, UM, AND POSSIBLY REPORT, YOU KNOW, FINDINGS FROM A A, A BRIEF SITE VISIT JUST TO BACK TO THE BOARD AS WE'VE DONE ANOTHER APPLICATION.

I THINK IT MAKES SENSE.

YEAH.

UM, I'LL BE WILLING TO DO THAT.

I HAVEN'T, YEAH, I, I, I, I'M PERSONALLY CURIOUS ABOUT THE SITE, SO I'D BE WILLING TO TAKE A LOOK AT IT.

OKAY.

YEAH.

YOU AND I CAN HEAD OUT THERE.

THAT'S FINE.

YEAH.

OKAY.

WE'LL NOTIFY WALTER.

YES.

UH, UH, FOR, UH, HISTORIC, UH, OH.

YEAH, YOU SHOULD GO.

WHY DON'T YOU JOIN US? IT'LL BE, UH, YEAH, NO, NO, NO.

YEAH.

NO, BUT I HAVE ALREADY MADE A SITE VISIT.

OKAY.

AND, UH, UH, I THINK, UH, UH, THEIR, THEIR, THEIR PROPOSAL LOOKS KIND OF, UH, UH, REASONABLE, UH, EXCEPT FOR THE GARAGE, WHICH I DON'T UNDERSTAND TO, TO SORT OF COME BACK AND SPEND THE MONEY TO MATCH WITH THE EXIST, THE NEW HOUSE.

UH, SO, BUT THAT'S A, THAT'S A QUESTION FOR THE CLA THE APPLICANT.

YEAH.

WELL, IF YOU BUILD A NEW HOUSE FROM, AT LEAST FROM THE PHOTOGRAPHS, I'VE SE I'VE SEEN, IT DEFINITELY IS NOT CONSISTENT WITH A NEW STRUCTURE.

AND THE FACT THAT YOU CA ONLY COULD DO COSMETIC CHANGES OR ELSE THAT IT WILL NOT, IT WILL BE NON-CONFORMING, YOU KNOW.

BUT ANYHOW, WE'LL TELL, I'LL YOU TOOK, YOU TOOK A LOOK.

I'LL GO OUT WITH ERIC, TAKE A LOOK, AND THEN WE'LL PUT IT ON THE, UH, PUBLIC HEARING, UH, FOR OUR NEXT MEETING.

OKAY.

GOOD.

SO, MS. MANIA, WE WILL PREPARE THE PUBLIC HEARING NOTICE AS WELL AS THE PUBLIC HEARING SIGN, UH, TOMORROW.

OKAY.

AND THEN THE NOTICE WILL HAVE TO GO OUT BY THE END OF DAY FRIDAY, AND THE SIGN WILL HAVE TO BE POSTED ON THE SITE WITH A PHOTOGRAPH TAKEN, UH, BY END OF DAY FRIDAY.

SO WE'LL BE IN TOUCH TOMORROW ON THIS.

OKAY, GREAT.

THANK YOU FOR YOUR TIME.

OKAY.

UH, THERE, SEE, NOW WE, I JUST WANNA POINT OUT FOR THE BENEFIT OF THE VICE CHAIR, IF WE RUN OVER, HE COMPLAINS AND TALKS ABOUT YOU.

I SAVED YOU 15 MINUTES IN ONE PROJECT.

I'M, I'M, SO, I EXPECT A COMPLIMENT FROM THE VICE CHAIR.

YES.

I'LL COMPLIMENT MYSELF BECAUSE I SAVED US A LOT OF TIME ON THAT FIRST HEARING.

.

SO EVERYONE .

ACTUALLY, I THINK JONATHAN, I THINK JONATHAN WAS TERRIFIC TONIGHT.

I THINK HE MADE THE MEETING THE MOST, THE MOST EFFECTIVE AND EFFICIENT.

THAT'S, THAT'S WHAT I THINK.

EVERYONE WAS SCARED OF HIM.

.

JONATHAN, YOU HAD A CHANCE TO VOTE TONIGHT.

YOU KNOW? THAT'S RIGHT.

THEY DID.

YOU DIDN'T VOTE.

YOU COULD HAVE MADE A MO YOU DID VOTE.

YOU COULD'VE MADE YOUR FIRST MOTION THOUGH.

TAKES A WHILE.

WELCOME, BY THE WAY, APPRECIATE OFFICIALLY WELL, HAVE A GOOD WEEKEND.

OKAY.

THANKS EVERYBODY.

OKAY.

OKAY.

BYE.

GOODNIGHT.

I'M GONNA, GOOD JOB.

WONDER RECORDING STOPPED.