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[ PLEDGE OF ALLEGIANCE]

[00:00:02]

GOOD EVENING.

UM, WELCOME TO, UH, THE TOWN BOARD MEETING.

UM, AND WE APOLOGIZE FOR SOME OF THE TECHNICAL, UH, DIFFICULTIES THAT WE HAD.

TODAY'S, UM, UM, HYBRID ZOOM, UM, YOU

[ ROLL CALL: Town Clerk]

KNOW, MEETING.

WE'RE GONNA BEGIN, UH, THE MEETING WITH A ROLL CALL FROM THE TOWN CLERK JUDITH.

AND TODAY IS, UH, FEBRUARY 9TH TOWN SUPERVISOR PAUL FINER.

YES.

COUNCILMAN ELLEN HENDRICKS.

PRESENT, COUNCILMAN GINA JACKSON.

PRESENT.

COUNCILMAN KEN JONES.

PRESENT.

COUNCILMAN FRANCIS SHAN, PRESENT AND TOWN ATTORNEY TIM LEWIS.

PRESENT.

UM, WE'RE GONNA BEGIN THE MEETING WITH A MOMENT OF SILENCE IN MEMORY OF TWO OUTSTANDING.

UM, SAY THE PLEASURE, ALLEGIANCE.

NEED TO SAY THE PLEDGE OF ALLEGIANCE ALL PLEASE.

PLEDGE ALLEGIANCE.

PLEDGE OF ALLEGIANCE TO THE FLAG.

TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC, WHICH STANDS, ONE NATION, NATION, UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

[ MOMENT OF SILENCE In memory of Frank Cavaliere, a dedicated Dispatcher with the Town of Greenburgh for almost 29 years. The number of people he helped could never be fully calculated. Dispatcher Frank Cavaliere was the calm, reassuring voice that the public heard when they called for help, and the voice that members of the Greenburgh Police Department and Greenburgh EMS heard as they responded to those emergencies. Frank was always there when we needed him. He was a man of faith and leaves behind a family who he cherished more than anything and considered his proudest achievements. We thank his family for the missed holidays, weekends and long nights they sacrificed for his service to the Department. A recipient of several Department awards, Frank served proudly and remained dedicated to the job he did for so long. His loss is felt by the entire Town of Greenburgh Police Department, especially his fellow dispatchers. In memory of Laura Gallagher, a long time former employee of the Town, who passed on February 3rd after fighting a courageous battle with ALS. She served as the Secretary to the Commissioner of Parks & Recreation for the majority of her time with the Town, retiring in 2019. She was a great ambassador for the department and Town. Laura was a very special person, always kind, helpful, caring, and considerate to all, whether it be a resident, town board member, advisory board member or town employee. During the days leading to former Councilman Kevin Morgan's passing, Laura and her husband, Hugh Gallagher (a retired Police Officer with the Town of Greenburgh), were always there providing comfort, support, and help to a friend. Laura treated others like family. She put others first. She was also an exceptional employee - pleasant, treated residents who had concerns with respect. Always helpful. We will all miss her. A fantastic human being. She made the world a better place. In memory of Laura, this spring in Anthony F. Veteran Park, the Department of Parks and Recreation will plant a Cherry Blossom tree in her honor so we can remember her for years to come. In memory of Donald Sledge, a longtime Greenburgh resident. Don Sledge was a community activist for many years. He attended numerous meetings of the Greenburgh Town Board, expressing his view on important issues. He spoke about the need for affordable housing, job creation opportunities, was passionate about the Theodore D. Young Community Center. He was involved with our senior citizens and helped bring to the attention of town officials concerns individual residents had that needed to be addressed. In memory of the 908,820+ individual victims of COVID-19 who have died in the United States, 5,745,032+ deaths worldwide, each leaving family members and friends too soon]

UM, WE'RE GONNA BEGIN.

UM, OH, SORRY.

TODAY'S, UM, MEETING WITH, UM, A MOMENT OF SILENCES IN, UM, MEMORY OF TWO OUTSTANDING, UH, PUBLIC, UH, SERVANTS IN MEMORY OF FRANK CAVALIER, A DEDICATED DISPATCHER WITH THE TOWN OF GREENBURG FOR ALMOST 29 YEARS, THE NUMBER OF PEOPLE HE HELPED COULD NEVER BE FULLY CALCULATED.

DISPATCHER FRAN CAVALIER WAS A CALM, REASSURING VOICE THAT THE PUBLIC HEARD WHEN THEY CALLED FOR HELP.

AND THE VOICE THAT MEMBERS OF THE GREENBURG POLICE DEPARTMENT AND GREENBURG E M S HEARD AS THEY RESPONDED TO THOSE EMERGENCIES.

FRANK WAS ALWAYS THERE WHEN WE NEEDED HIM.

HE WAS A MAN OF FAITH AND LEAVES BEHIND A FAMILY WHO HE CHERISHED MORE THAN ANYTHING, AND WAS ONE OF HIS MOST PROUDEST ACHIEVEMENTS.

HE THANKED HIS FAMILY FOR THE MISSED HOLIDAYS, WEEKENDS, AND LONG NIGHTS.

THEY SACRIFICED FOR HIS SERVICE TO THE DEPARTMENT, A RECIPIENT OF SEVERAL DEPARTMENT AWARDS.

FRANK SERVED PROUDLY AND REMAINED DEDICATED TO THE JOB HE DID FOR SO LONG.

HIS LOSS IS FELT BY THE ENTIRE TOWN OF GREENBURG POLICE DEPARTMENT, ESPECIALLY HIS FELLOW DISPATCHERS.

AND WE ALSO MOURN THE LOSS OF LAURA GALLAGHER.

LAURA WAS A LONGTIME FORMER EMPLOYEE OF THE TOWN WHO PASSED AWAY ON FEBRUARY 3RD AFTER FIGHTING A COURAGEOUS BATTLE WITH A L SS.

SHE SERVED AS A SECRETARY TO THE COMMISSIONER OF PARKS AND RECREATION FOR THE MAJORITY OF HER TIME WITH THE TOWN, AND SHE RETIRED IN 2019.

SHE WAS A GREAT AMBASSADOR FOR THE DEPARTMENT AND THE TOWN, AND WAS A VERY SPECIAL PERSON, ALWAYS KIND, HELPFUL, CARING, AND CONSIDERATE TO ALL, WHETHER IT BE A RESIDENT, A TOWN BOARD MEMBER, ADVISORY BOARD MEMBERS, OR TOWN EMPLOYEES.

DURING THE DAYS LEADING TO, UM, FORMER TOWN, COUNCILMAN KEVIN MORGAN'S PASSING LAURA AND HER HUSBAND, YOU GALLAGHER, A RETIRED POLICE OFFICER, UM, MET WITH THE FAMILY AND HELPED THEM NONSTOP.

THEY WERE ALWAYS THERE PROVIDING COMFORT, SUPPORT AND HELP TO HER FRIEND LAURA TREATED OTHERS LIKE FAMILY.

SHE PUT OTHER PEOPLE FIRST.

SHE WAS AN EXCEPTIONAL EMPLOYEE, PLEASANT TREATED RESIDENTS WHO HAD CONCERNS WITH RESPECT.

SHE WAS ALWAYS HELPFUL.

WE WERE ALWAYS GONNA MISS HER.

UH, AND SHE WAS A FANTASTIC HUMAN BEING.

SHE MADE THE WORLD A BETTER PLACE.

IN MEMORY OF LAURA THE SPRING, AND ANTHONY AT VETERAN PARK, THE DEPARTMENT OF PARKS AND RECREATION WILL PLAN TO CHERRY BLOSSOM TREE IN HER HONOR, SO WE CAN REMEMBER HER FOR YEARS TO COME.

AND IN MEMORY OF DONALD SLEDGE, A LONG TIME, GREENBERG RESIDENT, DON SLEDGE WAS A COMMUNITY ACTIVIST FOR MANY YEARS.

HE ATTENDED NUMEROUS MEETINGS OF THE GREENBERG TOWN BOARD, EXPRESSING HIS VIEW ON IMPORTANT ISSUES.

HE SPOKE ABOUT THE NEED FOR AFFORDABLE HOUSING, FOR JOB CREATION OPPORTUNITIES.

HE WAS PASSIONATE ABOUT THE THEATER.

YOUNG, UH, COMMUNITY CENTER.

HE WAS INVOLVED WITH OUR, UM, SENIOR CITIZENS AND HELPED, UH, BRING TO THE ATTENTION OF TOWN, UM, OFFICIALS, INDIVIDUAL RESIDENTS THAT NEEDED TO BE ADDRESSED.

AND SPEAKING PERSONALLY, UM, WHEN I WAS LOOKING FOR, UM, AN ASSISTANT, MY FIRST, UH, TERM IN OFFICE, WHEN I FIRST GOT ELECTED, DON RECOMMENDED, UM, CYNTHIA ADAMSON, UH, WHO WORKED

[00:05:01]

IN MY OFFICE FOR ALMOST 30 YEARS, RIGHT? WE ALSO MOURN THE DEATH OF 908,820 PLUS INDIVIDUAL VICTIMS OF C OVID 19, WHO HAVE DIED IN THE UNITED STATES, 5,745,032 DEATHS WORLDWIDE, EACH LEAVING FAMILY MEMBERS AND FRIENDS TOO SOON.

THANK YOU.

NEXT, UM, WE HAVE,

[ PRESENTATIONS Ari Malz/Town Volunteer - Fighting Antisemitism]

WE HAVE ARI, UH, MEL, UM, WHO IS GONNA BE A, A STUDENT, UM, INTERN.

UH, HE'S A FRESHMAN AT EDGEMONT, UM, HIGH SCHOOL, AND HE'S GONNA GIVE A VERY SHORT PRESENTATION ABOUT THE IMPORTANCE OF FIGHTING ANTISEMITISM.

AND HE'S GONNA BE, UM, VOLUNTEERING AS AN INTERN.

ARI, GIVE HIM A MOMENT.

CAN YOU HEAR ME? YEP.

OKAY.

GOOD EVENING.

MY NAME IS ARI MOLTZ.

I'M A FRESHMAN AT EDGEMONT JUNIOR SENIOR HIGH SCHOOL.

I'D LIKE TO THANK SUPERVISOR FINER AND THE GREENBERG TOWN BOARD WITH THE OPPORTUNITY TO SPEAK WITH YOU TONIGHT IN SUPPORT OF THE LEGISLATION CONDEMNING ANTISEMITISM.

THE ISSUE OF ANTISEMITISM IS VERY IMPORTANT TO ME AND WHO I AM.

THE NAZIS MURDERED MANY MEMBERS OF MY FAMILY DURING THE HOLOCAUST.

MY GREAT-GRANDPARENTS WERE SURVIVORS OF THE NAZI DEATH CAMPS, INCLUDING AUSCHWITZ AND DAU.

MY PATERNAL GRANDFATHER WAS BORN IN A DISPLEASED PERSONS CAMP AND FELL IN GERMANY.

MY MATERNAL GRANDMOTHER WAS ALSO BORN IN A DISPLACED PRISONS CAMP IN TROVE GERMANY.

THEY IMMIGRATED TO THE UNITED STATES WITHOUT ANY GRANDPARENTS, UNCLES, AUNTS, OR UNCLES, THEIR RELATIVES.

MY RELATIVES WERE AMONG THE 6 MILLION JEWS MURDERED AS PART OF HITLER'S FINAL SOLUTION, ONE THIRD OF THE ENTIRE JEWISH POPULATION.

AS A DESCENDANT OF HOLOCAUST SURVIVORS, I AM WHAT THE NAZIS WERE ULTIMATELY TRYING TO DESTROY.

I HAVE BECOME INCREASINGLY ALARMED BY THE RISE OF ANTISEMITISM IN THIS COUNTRY, THE TREE OF LIFE SYNAGOGUE, A JERSEY CITY, KOSHER MARKET, OR RABBIS IN MUNCIE.

AND IN JUST THE LAST MONTH, A SYNAGOGUE IN TEXAS.

THE THESE ARE JUST MANY OF THE JEWISH INSTITUTIONS WHERE ANTI-SEMITES SAW OUT AND COMMITTED VIOLENCE AGAINST JEWS, INCLUDING MASS MURDERS HOSTAGE TAKEN, AND IN RECENT YEARS.

AND YES, ANTISEMITISM EXISTS IN OUR BELOVED GREENBIRD.

LAST YEAR, A STUDENT USED A DEROGATORY FOR WORD FOR JEWS IN MY PRESENCE.

WHEN I ASKED HIM NOT TO SAY THAT HE USED IT AGAIN, I WAS TAKEN ABACK, BUT DID NOT TAKE ANY FURTHER ACTION LIKE MANY BEFORE, I'D ASSUME THAT ANTISEMITISM WOULD GO AWAY SIMPLY BY IGNORING IT.

I NOW, NOW THINK THAT THE OPPOSITE APPROACH IS REQUIRED.

WE NEED TO IDENTIFY ANTISEMITISM WHEN IT OCCURS IN CONDEMNING.

WE NEED TO HAVE EDUCATIONAL PROGRAMS THAT TEACH ABOUT ANTISEMITISM IN THE HOLOCAUST.

HOLOCAUST REMEMBRANCE DAY WAS JANUARY 27TH, 2022.

DID ANYBODY HEAR A WORD ABOUT IT? NEED TO TRACK THE INCIDENTS OF ANTISEMITISM IN OUR COMMUNITY BECAUSE WE KNOW THAT THE FAILURE TO ACT HAS LED TO SOME OF THE DARKEST STAGES OF OUR HISTORY.

IT'S EASY TO FORGET THAT JEWS ARE JUST 2% OF THE ENTIRE POPULATION IN THE UNITED STATES AND JUST, OH, 0.2% OF THE POPULATION IN THE WORLD.

WE NEED YOUR HELP.

WE NEED TO COME TOGETHER AS A COMMUNITY, TAKE A STAND AGAINST ANTISEMITISM.

IN CONCLUSION, ANTISEMITISM IS ANTITHETICAL TO EVERYTHING WE ARE AND EVERYTHING WE ASPIRE TO BE.

I STRONGLY ENCOURAGE YOU TO PASS THIS LEGISLATION CONDEMNING ANTISEMITISM.

I ALSO LOOK FORWARD TO MAKING, UM, THE GOALS OF THIS LEGISL.

THANK YOU.

THANK YOU VERY, UH, MEANINGFUL PRESENTATION AND REALLY APPRECIATE, UM, YOUR, YOUR COMMENTS AND LOOK FORWARD TO WORKING WITH YOU AND, UM, THE COMING, UH, MONTHS.

THANK YOU.

I APPRECIATE.

THANK YOU.

THANK YOU.

GREAT.

UH, NEXT, UH, WE WILL HAVE, UM, A PUBLIC HEARING.

UH, THE FIRST IS A CONTINUATION OF A PUBLIC HEARING FROM

[ To consider an Amended Site Plan Application by Loop Road Holdings, LLC, a wholly owned subsidiary of Regeneron Pharmaceuticals, Inc. (“Regeneron – Loop Road”), located at 555 Saw Mill River Road (P.O. Tarrytown, NY)]

NOVEMBER.

UH, SUPERVISOR FINDER.

NO, NO.

YES.

IF I COULD RESPECTFULLY REQUEST, UM, THAT IF THE BOARD COULD, UH, ENTERTAIN REGENERON APPLICATION, WHICH I ANTICIPATE TO BE, UH, RATHER BRIEF, UH, OKAY.

BEFORE WE DO THE SAMS CLUB, SO TO CONSIDER A SITE, UM, AN AMENDED SITE PLAN, APPLICATION BY LOOP,

[00:10:01]

UH, ROAD HOLDINGS, A WHOLLY OWNED, UH, SUBSIDIARY OF REGENERON PHARMACEUTICALS, UM, LOCATED AT 5 5 5 SOMO RIVER ROAD IN TARRYTOWN.

I'D LIKE TO MOVE THAT WE OPEN THE HEARING.

SECOND.

ALL IN FAVOR? AYE.

AYE.

AYE.

THANK YOU FOR THAT.

GOOD EVENING, SUPERVISOR, FINER AND TOWN BOARD MEMBERS.

FOR THE RECORD, I'M GARY T. KING, COMMISSIONER OF THE DEPARTMENT OF COMMUNITY DEVELOPMENT AND CONSERVATION.

THIS PUBLIC HEARING IS RELATED TO AN AMENDED SITE PLAN APPLICATION OF LOOP ROAD HOLDINGS, L L C, ALSO KNOWN AS REGENERON FOR A PROPOSAL INVOLVING THE CONSTRUCTION OF A TEMPORARY PARKING AREA TO FACILITATE THE CONSTRUCTION OF A NEW TWO STORY RESEARCH AND DEVELOPMENT BUILDING ON THE NEIGHBORING LOT AT 7 7 7 OLD SAWMILL RIVER ROAD, WHICH WAS APPLIED FOR AND APPROVED UNDER CASE NUMBER TB 2106.

THE APPLICANT PREVIOUSLY APPLIED FOR AND WAS APPROVED FOR A SMALLER CONTEMPORARY PARKING FACILITY ON THE SUBJECT LOT UNDER CASE NUMBER 2110.

THE SUBJECT SITE CONSISTS OF APPROXIMATELY 40 ACRES AND IS LOCATED AT 5 5 5 SAW MILL RIVER ROAD IN THE P P E D PLANNED ECONOMIC DEVELOPMENT DISTRICT.

IN TERMS OF PROCESS, THE APPLICANT APPEARED BEFORE THE PLANNING BOARD AS PART OF A SITE PLAN REFERRAL, WHICH INCLUDED A WORK SESSION ON JANUARY 19TH, 2022 AND FEBRUARY 2ND, 2022.

THE PROJECT WAS THE SUBJECT OF A UNANIMOUS POSITIVE SITE PLAN RECOMMENDATION AND LANDSCAPE ISLAND PARKING WAIVER RECOMMENDATION FROM THE PLANNING BOARD, THE PLANNING BOARD MADE THE FOLLOWING FINDINGS.

THE AMENDED SITE PLAN SUBMISSION SATISFIES THE APPLICABLE SITE PLAN STANDARDS SET FORTH IN SECTION 2 85 54 STANDARDS A THROUGH K.

THE PLANNING BOARD CONCLUDED THAT THE PROJECT WILL NOT SUBSTANTIALLY INCREASE THE INTENSITY OR SCALE OF ANY OF THE USES ON THE SUBJECT PROPERTY.

THE PLANNING BOARD NOTES THAT THE PROPOSED LAYOUT HAS BEEN CAREFULLY SELECTED TO MINIMIZE DISTURBANCE AND PARTICULARLY WITHIN THE REGULATED WETLAND BUFFER AREA.

THE PLANNING BOARD FINDS THAT THE PROJECT IS CURRENTLY PROPOSED WOULD ALLEVIATE PARKING ISSUES THROUGHOUT THE SITE WHILE THE CONSTRUCTION OF THE 2,207,000 SQUARE FOOT RESEARCH AND DEVELOPMENT BUILDING AND RELATED STRUCTURED PARKING ON PARCEL D COMMENCES.

THE PLANNING BOARD FURTHER RECOMMENDS THAT ANY APPROVAL GRANTED FOR THIS PROJECT BE VALID FOR A PERIOD OF FIVE YEARS AFTER WHICH AN EXTENSION COULD BE SUBMITTED FOR BY THE APPLICANT.

MS. JANET GARRIS, ATTORNEY ON BEHALF OF THE APPLICANT IS HERE THIS EVENING, AND ALONG WITH THE REGENERON TEAM, GIVE AN OVERVIEW OF THE PROPOSAL.

THANK YOU.

THANK YOU.

THANK YOU, COMMISSIONER, AND GOOD EVENING SUPERVISOR FINDING MEMBERS OF THE BOARD.

THANK YOU FOR HAVING ME THIS EVENING.

JOINING ME THIS EVENING, STEVE SPINA, OUR, UH, PROJECT ENGINEER FROM J M C.

AND, UH, WE DO HAVE A NUMBER OF PEOPLE FROM REGENERON WHO I DON'T THINK WE NEED TO BE PROMOTED UNLESS THERE ARE CERTAIN QUESTIONS, UM, THAT WE NEED TO HAVE ANSWERED.

SO, UH, THE COMMISSIONER DID MY JOB FOR ME.

I HOPE REGENERON STILL PAYS ME FOR BEING HERE THIS EVENING.

JUST WANTED TO GIVE YOU A, A LITTLE BIT MORE INFORMATION AND A BRIEF OVERVIEW.

AS THE COMMISSIONER MENTIONED, THIS IS AN APPLICATION FOR, UM, UH, ADDITIONAL TEMPORARY PARKING.

AS YOU MIGHT REMEMBER, IN SEPTEMBER, YOU APPROVED A SITE PLAN AND TREE REMOVAL PERMIT IN CONNECTION WITH PARCEL D AND, UH, UH, A TEMPORARY CONTRACTOR PARKING AR AREA.

UH, SINCE THE APPROVALS WERE GRANTED, AND AS REGENERON HAS BEEN FURTHER REFINING ITS PLANS FOR THE IMPLEMENTATION OF THAT TEMPORARY PARKING AREA, THEY HAVE, UH, DETERMINED THAT THEY WILL NEED ADDITIONAL TEMPORARY PARKING TO ACCOMMODATE THE CONSTRUCTION WORKERS ON THE PROPERTY.

SO, UH, BACK IN OCTOBER, WE FILED, UH, AN APPLICATION FOR AN ADDITIONAL, UM, AN ADDITIONAL TEMPORARY PARKING LOT, UM, IN ADDITION TO SITE PLAN APPROVAL.

AS THE COMMISSIONER MENTIONED, WE ALSO ARE SEEKING A TRAIN REMOVAL PERMIT FROM THIS BOARD, AND WE ALSO NEED A STEEP SLOPE PERMIT FROM THE PLANNING BOARD FOR SOME, UH, GRADING, I'M SORRY, A, A WETLAND PERMIT, UM, FROM THE PLANNING BOARD, UH, IN CONNECTION WITH SOME, UH, GRADING IN THE WETLAND BUFFER.

SO AS WITH THE, UH, CONSTRUCTION PARKING AREA THAT YOU APPROVED BACK IN SEPTEMBER, AGAIN, THIS IS ALSO NEEDED FOR THE DURATION OF THE CONSTRUCTION.

AS THE COMMISSIONER MENTIONED, WE'RE ANTICIPATING A FIVE-YEAR PERIOD.

THE LOT IS INTENDED TO CONTAIN 385 PARKING SPACES.

AND SO, UH, AS I MENTIONED, STEVE SINA FROM J M C IS HERE.

UH, WE HAVE THIS, UH, LITTLE POWERPOINT PRESENTATION THAT WE CAN MAKE TO YOU, AND IF STE YOU WANNA FLIP THROUGH JUST TO, UM, START ORIENTING THE BOARD WITH THE PROPERTY.

SO, UM, AS YOU, AS YOU CAN SEE, THE YELLOW AREA IS THE AREA OF THE MAIN PARKING.

UM, THE PURPLE AREA IS A PORTION OF THE PROPERTY

[00:15:01]

THAT'S OWNED BY LUKE ROAD HOLDINGS, AND THAT IS THE SUBJECT OF TONIGHT'S APPLICATION FOR SITE PLAN APPROVAL.

IT'S ALSO THE, UM, PARCEL ON WHICH THE TEMPORARY PARKING THAT WAS PREVIOUSLY APPROVED WAS, UM, WHAT IT IS INTENDED TO BE ON.

SO, STEVE, I DON'T KNOW, FLIP TO THE NEXT ONE.

SO THIS IS JUST TO ORIENT YOU.

UM, SO YOU SEE THE PROPOSED P M P D BUILDING, WHICH WE REFER TO AS THE PARCEL D BUILDING AND THE PARKING STRUCTURE THAT WAS APPROVED AS PART OF THAT.

AND THEN, UM, ADJACENT, AS YOU CAN SEE AT THE TOP OF THE SCREEN, THAT'S THE TEMPORARY PARKING, UM, OR CONTRACTORS AND THE, AND THE TRAILER COMPLEX.

AND THEN ADJACENT TO THAT, YOU CAN SEE THE ADDITIONAL TEMPORARY PARKING, WHICH IS PROPOSED AND WHICH IS THE SUBJECT OF TONIGHT'S HEARING.

AND THAT'S, UM, I'LL LET STEVE PRESENT THE DETAILS OF THIS.

THIS IS A, A ZOOM, UH, IN OF THAT PROPOSED PARKING AREA.

SO STEVE, I DON'T IF YOU WANNA TAKE OVER FROM HERE, TALK ABOUT THE DETAILS, AND THEN WE CAN ANSWER ANY QUESTIONS YOU MIGHT HAVE.

SURE.

HI EVERYONE.

IT'S STEVE SPINA FROM J M C.

WE'RE THE SITE ENGINEER.

AND THIS PLAN, UH, HERE, ZOOMS IN ON THE AREA IN QUESTION FOR TONIGHT.

UH, THE GREEN LINE IS THE PROPERTY LINE ALONG OLD SAW MILL RIVER ROAD.

HERE'S ROUTE NINE A AND, UH, THE BLUE REPRESENTS A WETLAND BUFFER AND THE RED REPRESENTS EXISTING WETLANDS.

THERE'S A CONNECTION PROPOSED FROM THE PARKING LOT HERE THAT WAS PREVIOUSLY APPROVED A FEW MONTHS BACK.

UH, THIS IS A TEMPORARY LOT TEMPORARY CONNECTION AND THEN ANOTHER TEMPORARY PARKING LOT HERE.

AND THERE'S A PROPOSED, UH, DRIVEWAY ENTRANCE OFF OF OLD SAWMILL RIVER ROAD.

THIS IS CURRENTLY THE CURB CUT THAT THE NEW YORK STATE D O T IS UTILIZING FOR THEIR STAGING AREA IN THIS AREA OF THE PROPERTY FOR THEIR CONSTRUCTION OF THE ROUNDABOUT AND THE BRIDGE WORK THERE.

UH, THIS PLAN JUST SHOWS THE EXISTING CONDITIONS.

UM, WE, WE HAVE ANOTHER SLIDE THAT CLEARLY SHOWS THE OUTLINE OF THE EXISTING STAGING GRAVEL AND ASPHALT AREA AND TRAILER FROM THE D O T.

UH, THE FOCUS ON THIS PLAN IS THE ORANGE LINE IS THE LIMIT OF DISTURBANCE.

SO WE ARE PROPOSING DISTURBANCE FOR GRADING WITHIN THE WETLAND BUFFER, NO IMPERVIOUS AREA, JUST GRADING.

THERE'S A PROPOSED STORMWATER BASIN IN THIS AREA, AND THERE'S ANOTHER PROPOSED STORMWATER BASIN AND IN THIS AREA, AND WE HAVE GOOD SOIL TESTING, AND THOSE AREAS WERE CONDUCIVE TO STORMWATER INFILTRATION IN THE BUFFER.

SO THAT'S WHY WE PROPOSED THOSE BASINS.

IN THOSE LOCATIONS.

UH, THE PINK IS EXISTING IN, UH, A DISTURBANCE TO THE BUFFER THAT WE WILL KEEP.

IT'S CURRENTLY GRAVEL.

WE WOULD REMOVE IT AND IT WOULD BE LAWN AND LANDSCAPED AREAS FOR THE BASIN.

AND THEN THIS KIND OF YELLOW ORANGE COLOR DOWN HERE IS CURRENT DISTURBANCE FROM THE GRAVEL STAGING AREA THAT WILL BE COMPLETELY REMOVED AND RESTORED.

ONE OF THE THINGS THAT, UM, I DIDN'T MENTION, I THINK THE COMMISSIONER TOUCHED ON IT, IS THAT WE HAVE APPEARED AT THE PLANNING BOARD, UM, IN CONNECTION WITH OUR APPLICATION TO THEM FOR THE WETLAND PERMIT.

YOU DID GET A POSITIVE RECOMMENDATION BACK, WHICH WAS READ TO YOU INTO THE RECORD.

WE ALSO WENT TO THE C A C IN CONNECTION WITH OUR APPLICATION FOR THE WETLAND PERMIT, AND THAT WAS ALSO, UM, UH, POSITIVELY RECOMMENDED BY THEM TO THE PLANNING BOARD.

SO I JUST WANTED TO LET YOU KNOW THAT WE ARE ON OUR WAY, UH, WITH, WITH THE PLANNING BOARD IN CONNECTION WITH THAT WETLAND PERMIT.

THANK YOU.

THIS NEXT SLIDE, UH, IS THE SAME SLIDE EXCEPT NOW THE RED SHOWS THE LIMITS OF THE PROPOSED TEMPORARY PARKING LOT.

SO YOU CAN SEE IT'S OUTSIDE OF THE BUFFER RESPECTS THAT SETBACK.

UM, BUT THERE, LIKE I, LIKE I SAID, THERE ARE, UM, A DISTURBANCE IN THAT AREA FOR GRADING, AND HERE'S THAT ENTRANCE THAT, UH, HIGHLIGHTED ON THE PRIOR PLAN.

SO IT JUST SHOWS THE RELATIONSHIP BETWEEN EXISTING AND PROPOSED.

AND THIS IS THE, UH, NOW HIGHLIGHTING WHAT THE EXISTING D O T STAGING AREA IS.

SO THE, THE BLUE IS THE LIMITS OF, UH, GRAVEL AND THERE'S PARKED VEHICLES AND STORED CONSTRUCTION MATERIALS AND LAY DOWN AREAS IN HERE.

THERE'S A SMALL ASPHALT AREA THAT WAS PAVED AND A PARKING, A PARK, UH, TRAILER, UH, FOR THE CONSTRUCTION SO THAT, THAT THOSE FEATURES WOULD BE REMOVED AS PART OF THIS APPLICATION.

BUT THERE'S, UH, JUST TO KIND OF HIGHLIGHT THAT, THERE'S ALREADY BEEN SOME DEVELOPMENT AND DISTURBANCE IN THIS AREA THAT WE WOULD BE, UM, UH, PULLING, PULLING BACK.

AND THIS JUST QUICKLY SHOWS STEEP SLOPES, UH, FOR THE PROJECT HERE.

THERE ARE NO STEEP SLOPES, UH, IN

[00:20:01]

THIS AREA THAT MEET THE REQUIREMENT OF THE CODE IN TERMS OF WHAT IS CONSIDERED A STEEP SLOPE.

SO THIS PLAN DOESN'T SHOW ANY STEEP SLOPES.

WE HAVE, WE HAVE STAYED OUT OF THOSE SENSITIVE AREAS.

AND THEN THIS PLAN QUICKLY SHOWS, UH, AGAIN, KIND OF COMBINING THOSE PREVIOUSLY DIFFERENT COLOR, UH, WETLAND BUFFER, UH, TYPES.

THIS IS JUST IN GREEN, THE TOTAL AMOUNT OF DISTURBANCE.

SO YOU COULD SEE IT'S, IT'S REALLY JUST FOR GRADING.

IT'S A SWALE PART OF A STORMWATER BASIN HERE, PART OF A STORMWATER BASIN HERE.

COULD YOU GO BACK TO THE PREVIOUS SLIDE, PREVIOUS ONE TO THAT? SO YOU HAVE A LEGEND, YOU HAVE A LEGEND THERE THAT SHOWS THE DIFFERENT SLOPES.

ARE YOU SAYING THAT BECAUSE THERE'S, IT'S ALL WHITE, ARE YOU SAYING THAT NOTHING THAT WE'RE SEEING HERE OR IS A STEEP SLOPE OR JUST THE AREA THAT YOU'RE DEALING WITH FOR YOUR, UH, TEMPORARY PARKING? IT'S JUST THE AREA WITHIN THIS ORANGE LIMIT OF DISTURBANCE.

OKAY.

SO THERE ARE STEEP SLOPES DOWN HERE AND, UH, ON THE OTHER SIDE OF THIS EXISTING WETLAND HERE, BUT WE, YOU KNOW, WE DON'T CALCULATE THOSE BECAUSE THEY'RE NOT PART OF THE APPLICATION IN THE, IN THE CONSTRUCTION AREA.

RIGHT.

I JUST WANNA BE CLEAR, YOUR LEGEND SAYS THAT, AND I'LL HAVE A COMMENT ABOUT YOUR PLANS AT THE END, LIKE I HAD AFTER YOUR LAST SET OF PLANS WHEN YOU SUBMITTED THEM.

I JUST WANTED TO MAKE SURE THAT, UM, THAT WAS ACCURATE.

OKAY.

UM, THIS, THIS SLIDE JUST SHOWS THE PROPOSED STORMWATER BASINS.

THERE'S THREE OF THEM, AND THEN THERE'S YOUR EXISTING WETLANDS HERE JUST FOR A LITTLE MORE INFORMATION THERE.

AND THEN THERE'S JUST, UH, SOME PHOTOS OF THE, UH, THIS IS THE ENTRY AREA THAT THE D O T IS CURRENTLY UTILIZING.

THIS IS THEIR, UM, UH, TRAILER AREA ON THE KIND OF NORTH END OF THEIR STAGING.

UM, THIS IS LOOKING MORE ON THE SOUTH END NOW, WHERE THEY JUST HAVE, UH, SOME MATERIALS AND PARKING.

THIS IS, UH, THIS IS WHERE ONE OF THE, THIS IS WHERE THE SOUTHERN STORMWATER, UH, POND IS PROPOSED, SO KIND OF IN THIS AREA HERE.

SO THIS WOULD OBVIOUSLY WOULD ALL BE REMOVED.

UM, THIS IS A VIEW JUST FROM OLD SAW MILL RIVER ROAD AT THE TRAILER, JUST TO SORT OF SHOW, UH, IN A FEW PICTURES HERE THAT THERE ARE SOME EXISTING TREES AND VEGETATION THAT WOULD PROVIDE SCREENING ALONG THE ROADWAY.

UH, YOU CAN'T SEE THROUGH THEM NOW.

UM, AND, UH, YOU KNOW, IT'S, UH, A PARKING LOT, WHICH ISN'T TALL OR ANYTHING LIKE THAT.

BUT, UH, JUST TO GIVE A LITTLE A FRAME OF, YOU KNOW, WHAT, WHAT IT WOULD LOOK LIKE.

UH, AGAIN, THIS IS JUST ALONG THE ROADWAY LOOKING SOUTHBOUND AND THAT'S IT.

THANK YOU.

THANK YOU.

THANK YOU.

ANYBODY LIKE TO COMMENT ON THIS? JUDITH, DO WE HAVE, OR GARETH, DO WE HAVE ANY, UH, SPEAKERS? THERE ARE NO SPEAKERS SIGNED UP.

OKAY, THEN I'D LIKE TO MOVE THAT WE, UH, CLOSE THE HEARING AND I'LL LEAVE THE RECORD OPEN FOR SEVEN DAYS.

SEVEN DAYS.

UH, WELL LET ME, LET ME BEFORE YOU DO THAT, UH, I JUST WANNA MAKE A COMMENT THAT, UH, THE REASON WHY WE TOOK REGENERON OUT OF ORDER IS BECAUSE, UM, WE KNOW FROM EXPERIENCE THAT WHEN THEY COME IN WITH PLANS, THOSE PLANS ARE EXTREMELY EXPLICIT AND, UM, AND, UH, YOU KNOW, SAYS WHAT THEY NEED TO SAY AND, UH, IN A VERY CLEAR MANNER.

AND SO FOR THOSE OF YOU WHO ARE WAITING FOR THE NEXT PUBLIC HEARING, UH, WE, WE DIDN'T EXPECT ANY LESS FROM REGENERON AND THEY DELIVERED ONCE AGAIN.

GREAT.

SO YOU MAKE A MOTION.

YEAH.

AND THE NEXT TIME YOU'RE THINKING ABOUT, UH, UH, EXPANDING, UH, REMEMBER THAT WE TOOK YOU OUT OF ORDER, SO MAYBE GET ANOTHER COUPLE BUILDINGS SECOND.

UM, UH, ALL IN FAVOR? AYE.

AYE.

AYE.

AYE.

UM, OKAY.

NEXT.

UH, WE HAVE THANK VERY MUCH.

THANK YOU EVERYONE.

GOODNIGHT.

THANK YOU.

GOODNIGHT.

THANK YOU.

[ Continuation of a Public Hearing (from November 10, 2021) to consider a Local Law amending Section 285-28 of the Zoning Ordinance, entitled “DS Designed Shopping District,” as it relates to Automotive Fuel Station Uses]

NEXT WE HAVE ANOTHER HEARING, UM, UH, TO CONSIDER, UM, A PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING SECTION 2 85 28 OF THE ZONING ORDINANCE ENTITLED DS DESIGN SHOPPING DISTRICT AS IT RELATES TO AUTOMOTIVE FUEL STATION USES.

AND, UM, BECAUSE WE HAVE SO MANY SPEAKERS, UM, NO, NOBODY WILL INTERRUPT THE SPEAKER AND ALL THE SPEAKERS WILL HAVE, UH, FIVE MINUTES MAXIMUM, UM, TO SPEAK.

GOOD EVENING, SUPERVISOR FRYER AND TOWN BOARD MEMBERS.

WE NEED A SECOND OF RECORD.

GARRETT, WE NEED FOR SOMEONE TO SECOND THE OPENING OF THIS HEARING.

SECOND.

OKAY.

OKAY.

ALL IN FAVOR? AYE.

AYE.

AYE.

OKAY, THANKS GARY.

[00:25:01]

THANK YOU FOR THAT.

MS. VILLE.

MM-HMM.

BY MISTAKE.

.

GOOD EVENING SUPERVISOR, FINER AND TOWN BOARD MEMBERS FOR THE RECORD.

GARRETT , COMMISSIONER OF THE DEPARTMENT OF COMMUNITY DEVELOPMENT AND CONSERVATION.

THIS PUBLIC HEARING IS RELATED TO A ZONING TEXT AMENDMENT PETITION SUBMITTED BY SAM'S CLUB FOR A PROPOSAL TO AMEND SECTION 2 85 DASH 28 OF THE CODE OF THE TOWN OF GREENBURG TO ALLOW AUTOMOTIVE FUEL STATIONS ON SITES CONSISTING OF FIVE OR MORE ACRES AS A SPECIAL PERMIT USE WITHIN THE DSS DESIGNED SHOPPING ZONING DISTRICT.

THIS HEARING IS A CONTINUATION OF A PUBLIC HEARING THAT OCCURRED ON MARCH 11TH, 2020, MARCH 25TH, 2020, APRIL 22ND, 2020, AND NOVEMBER 10TH, 2021.

I BELIEVE IN THE INTEREST OF THE NUMBER OF SPEAKERS, MR. JED RIVA REPRESENTING SAM'S CLUB INTENDS TO YIELD HIS TIME TO THE PUBLIC AND INTENDS TO RESPOND FOLLOWING PUBLIC COMMENT.

THAT'S ALL RIGHT WITH THE BOARD.

I THINK YOU'RE FINE WITH THAT.

WHO'S OUR FIRST SPEAKER? CAMERON.

OKAY.

WHAT I'D LIKE TO DO IS, UM, IF YOU COULD UTILIZE THE RAISE YOUR HAND FUNCTION.

I DO HAVE A LIST OF SPEAKERS, UH, AND I BELIEVE MANY INTEND TO SPEAK, BUT IT WOULD HELP ME IF YOU COULD USE THE RAISE HAND FUNCTION.

UM, BUT FIRST WHAT WE'LL DO, UH, IS GERALD BUNTING IS GONNA BE THE FIRST SPEAKER.

YEAH.

AND BEFORE MR. BUNTING SPEAKS, YOU KNOW, OBVIOUSLY THIS IS NOT OUR FIRST PUBLIC HEARING ON THIS ISSUE.

I THINK MR. BUNTING HAS SPOKEN BEFORE.

HE MAY HAVE EVEN SUBMITTED SOME DOCUMENTATION AND TO ALL THE SPEAKERS, I JUST WANT TO MENTION THAT ALTHOUGH YOU GET FIVE MINUTES TO SPEAK, UM, THE BOARD IS VERY, VERY FAMILIAR WITH THIS APPLICATION AND THE, YOU KNOW, MATERIALS THAT WAS SUBMITTED, UH, WITH THEM.

SO PLEASE USE YOUR TIME, UM, WISELY AND ATTEMPT TO NOT BE REDUNDANT IN YOUR COMMENTS.

THANKS MR. ANTE, HOW DO YOU DO MEMBERS OF THE BOARD, THANK YOU FOR GIVING US THIS TIME.

I'M GONNA KEEP THIS REALLY BRIEF AND ADDRESS ONE ISSUE.

THE TOWN IS BEING BLACKMAILED INTO BREAKING THE LAW SPOT ZONING IS THE VERY ANTITHESIS OF PLANNED ZONING.

IT IS DEFINED AS THE PROCESS OF SINGLING OUT A SMALL PARCEL OF LAND FOR USE FOR A USE CLASSIFICATION, TOTALLY DIFFERENT FROM THAT OF THE SURROUNDING AREA FOR THE BENEFIT OF THE OWNER OF SUCH PROPERTY AND TO THE DETRIMENT OF ITS NEIGHBORS WITHOUT ANY PUBLIC ADVANTAGE OR JUSTIFICATION.

ACCORDINGLY, COURTS CONSIDERING SPOT ZONING CLAIMS WILL CONSIDER A NUMBER OF FACTORS, INCLUDING WHETHER THE REZONING IS CONSISTENT WITH A COMPREHENSIVE LAND USE PLAN, WHETHER IT IS COMPATIBLE WITH SURROUNDING USES, THE LIKELIHOOD OF SORT HARM TO SURROUNDING PROPERTIES AND THE AVAILABILITY AND SUITABILITY OF OTHER PARCELS, UH, UH, TO THE NEW USE CLASSIFICATION.

ULTIMATELY, HOWEVER, THE INQUIRY DISTILLS NOT TO THE NUMBER OF AFFECTED PARCELS, BUT TO WHETHER THE CHANGE IS OTHER THAN PART OF A WELL CONSIDERED AND COMPREHENSIVE PLAN CALCULATED TO SERVE THE GENERAL WELFARE OF THE COMMUNITY.

IF NOT, THEN IT IS PROHIBITED HERE.

ADDING GASOLINE SALES TO A BIG COMMERCIAL BOX STORE IS NOT PART OF ANY PORTION OF GREENBERG'S COMPREHENSIVE PLAN.

HERE WE ARE DEALING WITH A SINGLE APPLICANT SEEKING A UNIQUE ADVANTAGE FOR ITSELF DESPITE BROAD-BASED COMMUNITY OPPOSITION AND THE FACT THAT THE ZONING REQUESTS SERVES NO COMMUNITY INTEREST AS INDICATED BY OTHER SPEAKERS AT PRIOR HEARINGS, HARM TO NEIGHBORS AND OTHER BUSINESS IS MANIFESTED.

IF THIS IS NOT ILLEGAL SPOT ZONING, THEN NOTHING IS.

NEVERTHELESS, BECAUSE THIS IS A LEGAL QUESTION, WE WILL BE HAVING OUR LITIGATION COUNSEL SUBMIT A LETTER TO THE PLANNING BOARD ATTORNEY, UM, TOMORROW AND THAT REVIEW, AND THAT WILL REVIEW THE LEGAL PERIL IN WHICH THIS BOARD IS PUTTING ITSELF IN BY APPROVING THE SPOT ZONING REQUEST.

OUR LITIGATION COUNSEL IS LISTENING IN ON THIS MEETING AND TAKING NOTES.

I YIELD MY FURTHER TIME, UH, TO THE NEXT SPEAKER.

THANK YOU VERY MUCH.

THANK YOU.

NEXT SPEAKER IS MURRAY BODEN.

I OKAY.

MURRAY ON MUTE, BUT WE'RE READY FOR YOU.

SORRY.

THERE HAS ONE THING CHANGED SINCE THE LAST PUBLIC HEARING, AND THAT HAS BEEN THE RECOGNITION THAT GLOBAL WARMING IS HERE.

VIRTUALLY EVERY MANUFACTURER OF AUTOMOBILES HAS COMMITTED TO STOPPING THE MANUFACTURER OF

[00:30:01]

INTERNAL COMBUSTION ENGINES.

IT NEEDS TO BE AN UNDERSTANDING THAT THERE SHALL BE NO NEW FUELING STATIONS USING FOSSIL FUELS, GASOLINE, AND OIL ANYWHERE, ESPECIALLY IN GREENBURG.

NOT ONLY NEW ONES, EVERY UPGRADE SHOULD BE PROHIBITED AS WELL.

EVERY AUTOMOBILE MANUFACTURER HAS COMMITTED TO CHANGING TO ALL NON FOSSIL FUEL VEHICLES WITHIN THE NEXT, YOU TAKE YOUR PICK 5, 10, 15 YEARS.

THE ONE THING THAT HAS CHANGED IS GLOBAL WARMING.

CON EDISON HAS A MORATORIUM ON GAS.

THE QUESTION IS, WHAT, WHAT WILL THE NEW HOUSES BE FUELED WITH NEW YORK CITY? IT'LL BE ELECTRIC.

WESTCHESTER WILL BE EITHER PROPANE OR GAS.

THIS IS A NEW WORLD THAT DID NOT EXIST WHEN THIS FIRST CAME UP.

MY HOUSE IS BEING IN THE PROCESS OF CHANGING TO PROPANE CON EDISON IN THERE.

NOW LEWIS PROPOSALS HAVE SAID THAT ANYBODY WHO GETS CON EDISON GAS HAS TO HAVE A SECOND HEATING SYSTEM WHEN THEY INSTALL IN A NEW HOUSE.

DEEP WELLS, OR I CAN'T GET ALL THOSE WORDS DONE CORRECTLY ANYMORE.

I'M SORRY.

UM, THIS IS NOT ABOUT ZONING.

THIS IS ABOUT THE ENVIRONMENT THAT WE LEAVE TO OUR GRANDCHILDREN'S GENERATION.

NOT ONLY CAN THERE BE FOSSIL FUEL AT THIS LOCATION, IT CANNOT BE ANYWHERE ELSE.

THERE WILL BE, UH, ELECTRIC CHARGING STATIONS IN MANY, MANY PLACES, BUT CAN'T QUITE IMAGINE THAT YOU WOULD GO TO THE SUPERMARKET TO CHARGE YOUR CAR.

VIRTUALLY EVERY HOTEL ALREADY HAS A SERIES OF CHARGING STATIONS NEXT TO IT.

THIS IS A WORLD THAT DID NOT EXIST THE LAST TIME WE HAD A PUBLIC HEARING.

IT'S A NEW WORLD.

IT'S NOT MY WORLD.

I'M 88.

I'M GONE.

I'M GONE.

MY GRANDSON HAD LUNCH WITH HIM ON SUNDAY.

HE THINKS ENTIRELY DIFFERENT THAN WE DO LIVES IN BROOKLYN, TAKES THE SUBWAY ALL THE TIME.

THIS IS JUST PART OF THE UNDERSTANDING THAT THIS IS NOT A ZONING PROBLEM.

THIS IS A GLOBAL EMERGENCY.

WE HAVE TO STOP USING FOSSIL FUELS AND TRANSITION TO PUBLIC TRANSPORTATION IN THE BEST WAY POSSIBLE.

I WANT TO THANK ALL OF THE PEOPLE IN GREENBURG WHO HELPED EDUCATE ME OVER THE YEARS.

'CAUSE I COULDN'T HAVE LEARN, LEARN THIS WITHOUT THE HELP OF MANY, MANY PEOPLE.

AND IF I START MENTIONING NAMES, I'M AFRAID I'D MISS A FEW OF THE GOOD ONES.

MANY HAVE RETIRED.

THANK YOU ALL FOR HELPING ME.

THANK YOU ALL FOR TEACHING ME TO BE ABLE TO COME HERE AND EXPLAIN AS BEST I CAN.

THANK YOU FOR LISTENING.

THANK YOU MR. BOGAN.

THANK YOU MR. BOWDEN.

UH, STEVEN MAFIAA.

I, SIR, IF YOU COULD PLEASE UNMUTE.

THANK YOU.

CAN YOU HEAR ME NOW? YES.

YES.

GREAT.

UH, GOOD EVENING EVERYONE.

I'M STEVE MAFIAA WITH FERNANDINO AND ASSOCIATES.

WE REPRESENT ATLANTIS MANAGEMENT AND THE C P D GROUP.

I'M HERE TONIGHT TO PROVIDE COMMENTS AS A PROFESSIONAL ENGINEER ON THE TRAFFIC, PARKING, AND CIRCULATION ISSUES RELATED TO THE PROPOSED FUELING FACILITY AT SAM'S CLUB.

IN OUR PROFESSIONAL OPINION, THE PROPOSED FUELING STATION WOULD HAVE SIGNIFICANT NEGATIVE IMPACTS ON TRAFFIC, PARKING, AND CIRCULATION CONDITIONS IN THE AREA OF THE SITE.

REGARDING TRAFFIC, TRAFFIC CONDITIONS ON ROUTE NINE A AND RESIDENTIAL STREETS, SIDE STREETS AND COMMERCIAL DRIVEWAYS WOULD BE NE NEGATIVELY IMPACTED DUE TO THE ADDED SAM'S CLUB TRAFFIC.

THAT TRAFFIC WOULD INCREASE DELAYS FOR ALL DRIVERS, UH, THROUGHOUT THE ROUTE NINE A CORRIDOR.

UH, AND THE PREVIOUS TRAFFIC IMPACT STUDY PREPARED FOR THE PROPOSAL WAS CONDUCTED IN 2019 AT ONLY THREE ROUTE NINE

[00:35:01]

A INTERSECTIONS.

THAT STUDY SHOULD BE EXPANDED AND UPDATED IN A DRAFT ENVIRONMENTAL IMPACT STATEMENT.

TRAFFIC PATTERNS AND VOLUMES MAY BE DIFFERENT TODAY FROM, FROM THOSE IN 2019 THAN ANY SIGNIFICANT CHANGES IN THOSE PATTERNS AND VOLUMES SHOULD BE IDENTIFIED AND ANALYZED BY THE APPLICANT.

OF PARTICULAR NOTE IS THE SOON TO OPEN AMAZON DISTRIBUTION WAREHOUSE IN MOUNT PLEASANT, SIGNIFICANT VOLUMES OF CAR TRAFFIC AND LARGE AND SMALL TRUCK TRAFFIC ARE EXPECTED, BUT WERE NOT CONSIDERED IN SAM'S INITIAL STUDY.

ALSO, THE EXPANSIVE NORTH 60 PROJECT SHOULD BE INCLUDED AS WELL WITHOUT A CUMULATIVE TRAFFIC IMPACT ANALYSIS.

UH, THAT INCLUDES THE AMAZON FACILITY, THE NORTH 60 PROJECT, AND OTHER PLANNED AND ONGOING NEW DEVELOPMENTS.

THE SAM'S CLUB WOULD BE CONSIDERED INADEQUATE.

IT DID NOT TAKE THE REQUISITE HARD LOOK AT POTENTIAL TRAFFIC IMPACTS AND THEREFORE ANY POTENTIAL MITIGATION THAT WOULD BE REQUIRED.

ALSO, THE STUDY AREA SHOULD BE INCLUDED, UH, OR SHOULD BE EXPANDED TO INCLUDE ALL OF THE ROUTE NINE A UH, CORRIDOR FROM HUNTER LANE TO THE I 2 87 RAMPS.

THE APPLICANT'S, APPLICANT'S INITIAL TRAFFIC IMPACT, UH, OR OR TRIP GENERATION STUDY WAS SERIOUSLY FLAWED AND SHOULD BE CORRECTED IN AN UPDATED STUDY.

THEIR TRIP GENERATION ESTIMATES WERE ARBITRARILY DETERMINED BY BASING TRAFFIC FOR THE PROPOSED 16 PUMPS HERE IN GREENBERG ON A TRIP, UH, ACCOUNT FROM AN EXISTING 12 PUMP STATION AT THE SAM'S CLUB IN WALL HILL, NEW YORK.

WHILE THAT ON ITS SURFACE MAY SEEM LOGICAL, THEIR METHODOLOGY SIGNIFICANTLY UNDERESTIMATED THE POTENTIAL, UH, UH, GREENBERG TRIPS BECAUSE IT IGNORED TWO OTHER MORE IMPORTANT AND MORE APPROPRIATE VARIABLES.

FIRST, TRAFFIC VOLUMES ON THE ADJACENT ROADWAYS SHOULD HAVE BEEN CONSIDERED.

AND SECOND, THE NUMBER OF HOUSEHOLDS IN THE SITES MARKET AREA SHOULD HAVE BEEN INCLUDED.

GREENBERG FAR EXCEEDS BOTH THE TRAFFIC AND MARKET AREA OF WALL HILL, AND THE RESULTING TRIP GENERATION FOR GREENBURG SHOULD REFLECT THOSE CONDITIONS.

BASED ON THOSE OTHER VARIABLES, WE ESTIMATE THAT THE EXPECTED TRIP GENERATION WOULD BE 350 TO 400 PEAK HOUR TRIPS, RESPECT, UH, PM AND SATURDAY RESPECTABLY.

AND THAT'S APPROXIMATELY DOUBLE THOSE USED IN THE FLAWED STUDY.

THIS SHOULD BE ADDRESSED IN A REVISED AND UPDATED STUDY REGARDING PARKING.

THE ELIMINATION OF 113 PARKING SPACES REPRESENTS A SIGNIFICANT REDUCTION IN THE TOTAL NUMBER OF SPACES AS APPROVED BY THE TOWN.

WHEN SAM'S CLUB FIRST OPENED, THAT SUPPLY WOULD BE WELL BELOW THE REQUIRED PARKING SUPPLY ACCORDING TO THE DSS ZONE, AND A SIGNIFICANT VARIANCE WOULD BE NEEDED.

WE FOUND THAT AT MANY TIMES, UH, NOT ONLY DURING THE HOLIDAYS, BUT DURING, UH, TYPICAL WEEKENDS, NON-HOLIDAY AND HOLIDAY, THAT PARKING SUPPLY WOULD BE SIGNIFICANTLY EXCEEDED.

IN ADDITION, THESE CONDITIONS WOULD QUALIFY AS A BASIS FOR DENIAL OF A PARKING VARIANCE.

AND FINALLY, THERE'S THE ISSUE OF QUEUING WITHIN THE SITE.

A LINEUP OF CARS FROM THE PROPOSED, UH, STORAGE AREAS FOR, FOR THE, UH, GAS PUMPS WOULD BE INADEQUATE.

GIVEN THE CORRECTLY ESTIMATED 350 TO 400, UH, PEAK HOUR, UH, CAR TRIPS, THAT OVERRUN OF VEHICLES WAITING TO FUEL WILL BACK UP INTO THE ADJACENT PARKING AISLES, AND AS A RESULT, THE PROPOSED FACILITY WILL NEGATIVELY IMPACT CIRCULATION THROUGH THE PARKING AREA AND BLOCK MANY OF THE PARKING SPACES ADJACENT TO THAT AREA.

IN ADDITION, CONDITIONS WILL BE WORSENED DURING HOLIDAY SEASONS WHEN TRAFFIC ACTIVITY AT SAM'S CLUB AND ON ADJACENT STREETS WILL INCREASE.

THE ALREADY REDUCED PARKING SUPPLY WOULD BE FURTHER REDUCED BECAUSE THE QUEUING OVERFLOW WOULD BLOCK, UH, THOSE SPACES NEAR THE SITE.

UH, FURTHERMORE, AISLE BLOCKAGES AND LONG QUEUES, IT WITHIN THE SITE COULD IMPACT ADJACENT STREETS OUTSIDE THE SITE AS WELL.

FOR THESE REASONS, WE RECOMMEND THAT THE TOWN BOARD DENY THE APPLICATION FOR AN AMENDMENT TO THE TOWN ZONING ORDINANCE TO ALLOW A FUELING A FUELING FACILITY IN THE DSS ZONE.

THANK YOU.

LISTEN, YOU MR. MAFIA.

THANK YOU.

AND YOU KNOW, BEFORE THE NEXT SPEAKER, I JUST WANNA HIGHLIGHT THAT, YOU KNOW, ALTHOUGH WE'RE TALKING A LITTLE BIT ABOUT SAM'S CLUB, YOU KNOW, THIS IS A PUBLIC HEARING ABOUT A LOCAL LAW THAT'S AUTHORIZING, UM, AUTOMOBILE FUEL STATION USES IN THE DSS DISTRICT.

SO IT'S, IT'S NOT NECESSARILY SAM'S CLUB AND THERE WOULD BE ANOTHER APPLICATION IF THE LOCAL LAW IS ADOPTED.

SO I JUST WANTED TO HIGHLIGHT THAT FOR FUTURE SPEAKERS.

THANK YOU, TIM.

UM, MR. MARK DOBLE IS NEXT, AND I WOULD JUST PLEASE ASK ANYONE THAT'S, UM, IN ALSO INTENDS TO SPEAK TO.

AGAIN, I WOULD JUST REMIND YOU TO PLEASE RAISE YOUR HAND OR YOU CAN USE THE CHAT FUNCTION.

OR ALTERNATIVELY, IF YOU CAN JUST SEND ME AN EMAIL.

YOU'VE SENT ME AN

[00:40:01]

EMAIL TODAY IN ALL LIKELIHOOD, AND I'VE RESPONDED BACK JUST SO THAT I'M AWARE THERE ARE A LOT OF, UM, POTENTIAL SPEAKERS, UH, IN THE QUEUE.

UM, I DON'T KNOW IF ALL INTENT TO SPEAK, SO IF YOU COULD ONCE AGAIN VERIFY YOUR INTENT TO SPEAK, THAT WILL ALLOW ME TO EFFICIENTLY, UM, CALL ON SUBSEQUENT SPEAKERS.

MR. DONAL, GARY, BEFORE, UM, THE NEXT SPEAKER SPEAKS, COULD YOU PLEASE SPELL HIS LAST NAME? D O M B A I D O D O M E A L I I BELIEVE.

YEAH, MARK.

THANK YOU.

AND SIR, MR. DOMO, YOU HAVE TO UNMUTE YOURSELF.

GOOD? YES.

HELLO? YES, WE HEAR YOU FINE.

OKAY, GREAT.

UM, IT'S D O M B A L L AS IN LARRY.

UM, BUT GOOD EVENING.

UH, THANK YOU FOR, UH, ALLOWING ME TO, UH, SPEAK.

UM, MY, MY, UH, A NUMBER OF MY THINGS WERE TAKEN UP, SO I'M GONNA, I'M GONNA BE, UH, UH, VERY SHORT BY THE PREVIOUS SPEAKER.

UH, I JUST KNOW THE PARKING AT THIS LOCATION IS VERY LIMITED NOW AT BEST, UH, PROPOSING TO ELIMINATE THE 113 PARKING SPACES, WHICH I GUESS COMES TO ABOUT 20%.

I MEAN, IT'S HARD, YOU KNOW, NOW, UH, BE IMPOSSIBLE LATER.

UM, YOU KNOW, UH, TYPICALLY I GUESS WHEN YOU SET UP, UH, UM, YOU KNOW, PARKING REQUIREMENTS, IT'S BASED ON, UH, WORST CASE.

AND I GUESS WHAT, THAT'S WHAT WE GOTTA LOOK AT.

I GOTTA LOOK AT THE, UH, PEAK HOURS AND THE WEEKENDS.

UM, IT'S JUST, IT'S TERRIBLE.

I, UM, I SEE TWO LOCATIONS QUITE OFTEN.

SAM'S CLUBS ONE IN ALLENTOWN, PENNSYLVANIA, AND THE OTHER ONE IS THE BEFORE MENTIONED WALK LOCATION.

AND THOSE RIGHT THERE, YOU GOT STA STAGING QUEUING OF CARS AT TIMES SIX AND SEVEN DEEP.

IT, IT'S GONNA RUN INTO THE EXISTING PARKING.

SO YOU'RE SAYING THEY'RE TAKING AWAY 113, IT'S GONNA BE A LOT MORE THAN THAT BECAUSE OF THE QUEUING THAT'S GONNA KILL IT.

UM, I USED TO WORK FOR, UH, A COMPANY CALLED ALTA EAST IN MIDDLETOWN, NEW YORK, AND, UH, THIS IS THE, THE WALKHILL LOCATION.

AND, UM, YOU KNOW, WHAT I SAW HAPPEN HERE WAS THEY TOOK OUT SIX LOCATIONS.

SO, YOU KNOW, BIG CONGLOMERATE, UM, YOU KNOW, UH, WALMART, SAM'S CLUB LITERALLY STEPPED ON THESE GUYS' HEADS AND SLIT THEIR THROATS AND PUT 'EM OUTTA BUSINESS.

AND THESE ARE, YOU KNOW, ARE, ARE WORKING PEOPLE.

THESE ARE MINORITY OWNED, THESE ARE WOMEN OWNED LOCATIONS, AND, AND IT'S JUST NOT FAIR TO HAVE A CONGLOMERATE JUST, YOU KNOW, UM, YOU KNOW, FLEX THEIR MUSCLES AND SAY, HEY, YOU KNOW WHAT, UM, THIS IS, THIS IS WHAT WE'RE GOING TO DO AND NOT BE PREPARED, YOU KNOW, AND NOT GO IN THE WAY THAT EVERYBODY ELSE SHOULD.

IT SHOULD BE A LEVEL PLAYING FIELD.

UM, YOU KNOW, IF I WENT IN FRONT OF THE BOARD, I WOULD, YOU KNOW, EXPECT THE, YOU KNOW, THE LEVEL PLAYING FIELD, AND THIS JUST DOES NOT SEEM TO BE LEVEL.

I'LL END IT AT THAT.

THANK YOU VERY MUCH.

HAVE A WONDERFUL EVENING, AND THANK YOU FOR THE OPPORTUNITY TO SPEAK.

OKAY.

UH, I DON'T HAVE ANY OTHER SPEAKERS THAT HAVE EITHER USED THE RAISE HAND FUNCTION OR SENT A CHAT OR EMAILED ME.

UM, I BELIEVE, UH, MS. BEVILLE, YOU MAY HAVE TWO COMMENTS THAT WERE SENT IN WITH AN INTENT TO READ.

GARETH, THERE'S ONE MORE, TWO MORE.

OKAY, GREAT.

I DO SEE TWO MORE NOW.

UM, SO MS. BEVILLE, IF YOU'RE ALL SET ON ONE OF THOSE, THAT WOULD BE GREAT.

IF NOT, I CAN, UM, GO TO ONE OF THE SPEAKERS THAT'S READY.

UM, WELL, YES, I AM READY.

UH, THERE'S SEVERAL PEOPLE ON THIS LIST.

JUDY MAR, UM, MARINA, I'M SORRY, I'M, I'M WHAT I'M REFERRING TO, MS. BELL IS SOMEONE THAT SENT IN A WRITTEN STATEMENT AND, AND, AND ASKED FOR THAT TO BE READ.

THAT'S ALL.

I'M, THAT'S ALL I'M SUGGESTING.

ALRIGHT, SO I'LL READ THE WRITTEN STATEMENTS.

OKAY, THE FIRST IS FROM TOM BACH, PRESIDENT OF FULTON PARK CIVIC ASSOCIATION.

THE STATEMENT READS AS FOLLOWS.

HELLO, PLEASE READ MY LETTER AT THE HEARING FOR THE SAM'S CLUB APPLICATION.

THE FULTON PARK CIVIC ASSOCIATION IS AGAINST THE SAM'S CLUB APPLICATION TO ADD FUELING STATIONS, TANKS, STORAGE, ET CETERA, AT OR NEAR THE SAM'S CLUB PROPERTY.

THIS WILL IMPACT, THIS WILL IMPACT NOT ONLY THE F RATED TRAFFIC SITUATION ON NINE A IN BOTH DIRECTIONS, BUT THE FLOODING THAT STILL TAKES PLACE WILL PRESENT UNTENABLE THREATS TO AREA HOMES, BUSINESS, TRAFFIC, AND QUALITY OF LIFE.

[00:45:01]

A MORE APPROPRIATE LOCATION FOR THIS IS IN MOUNT PLEASANT, NEAR OR EVEN AT THE AMAZON SITE BEING BUILT.

WE'RE ASKING YOU TO VOTE NO FOR THIS PROPOSAL.

THE NEXT STATEMENT WAS SUBMITTED BY ELLA PRIZER, YOU WANNA RESET THE CLOUD? OKAY.

HUNDREDS OF RESIDENTS EXPERIENCED PROPERTY DAMAGE AND THE DEVASTATING IMPACT OF CLIMATE CHANGE WHEN TROPICAL STORM IDA HIT GREENBERG IN SEPTEMBER AS CHAIR OF THE COMPREHENSIVE PLAN STEERING COMMITTEE.

COUNCILMAN FRANCIS SHEAN CAN ATTEST TO THE FACT THAT THE COMMITTEE SPENT CONSIDERABLE TIME DISCUSSING GREENHOUSE GAS EMISSIONS AND THE EFFECT THEY HAVE ON CLIMATE CHANGE.

SIX PAGES IN THE COMP PLAN WERE DEVOTED TO THIS TOPIC IN WESTCHESTER.

OVER 78% OF THESE EMISSIONS COME FROM THE FOSSIL FUEL USED IN ON-ROAD VEHICLES.

THE TOWN BOARD PREVIOUSLY HAS ACKNOWLEDGED THE IMPORTANCE OF REDUCING GREENHOUSE GAS EMISSIONS.

HOW CAN THE TOWN BOARD NOW ENTERTAIN AN APPLICATION TO AMEND THE ZONING ORDINANCE TO PROVIDE ANOTHER PLACE TO SELL MORE FOSSIL FUELS? SAM'S CLUB REPRESENTATIVES CLAIM BETWEEN 91.6% AND 99.3% OF MOTORISTS WILL CONTINUE TO BUY FUEL FROM OTHER THAN SAM'S CLUB TO MAKE A PROFIT.

THAT CERTAINLY SUGGESTS A LOT OF VEHICLES COMING FROM OTHER AREAS AND SPEWING MORE GREENHOUSE GAS EMISSIONS IN GREENBURG.

SAM'S CLUB HAS ACKNOWLEDGED ITS COMPETITORS OR BJ'S AND COSTCO MOTORISTS ARE NOT GOING TO DRIVE TO NEAR SHOW OR YORKTOWN OR TRAVEL ACROSS THE BRIDGE JUST TO BUY GAS FROM THESE COMPETITORS.

THE TRUE COMPETITION IS THE TWO DOZEN LOCAL GAS STATION OWNERS WHO KNOW THEY CANNOT COMPETE AGAINST THE LOWERED PRICE PER GALLON THAT SAM'S CLUB COULD OFFER.

SAM'S CLUB REPRESENTATIVES HAVE STATED THE LOCAL GAS STATIONS GOUGE MOTORISTS AND ARE SETTING UP OBSTRUCTIONS TO COMPETITIVE PRICING AND BARRIERS TO FAIR TRADE.

IN DECEMBER, C N N REPORTED THAT SAM'S CLUB SALES INCREASED FASTER THAN WALMART AND MEMBERSHIP WAS AT AN ALL TIME COMPANY HIGH.

THE STORE MAKES MONEY OFF OF MEMBERSHIP AND OBVIOUSLY WANTS AN ADVANTAGE OVER BJ'S, WHICH IS NOW COMING TO GREENBERG.

IN FISCAL YEAR 2021, NET SALES AT SAM'S CLUB NATIONALLY WAS 64 BILLION, UP 8.7% FROM THE PREVIOUS YEAR.

BUT STILL, ONLY ONE THIRD OF COSTCO'S SALES COSTCO HAS SET IT SELLS 1 MILLION GALLONS OF FUEL A MONTH AND OFFERS FUEL 20 CENTS BELOW THE AVERAGE MARKET PRICE.

BJ'S IS BJ'S PRICE IS 10 CENTS BELOW.

REPRESENTATIVES OF SAM'S CLUB HAVE SUGGESTED THEIR PRICE DIFFERENCE MIGHT ONLY BE ONE OR 2 CENTS A GALLON.

THAT IS HARD TO BELIEVE.

SAM'S CLUB OPENED THE ELMS FORD STORE OVER 25 YEARS AGO, KNOWING IT COULD NOT SELL FUEL.

THE STORE HAS BEEN EXTREMELY PROFITABLE.

IT IS HIGHLY UNLIKELY IT WILL CLOSE, AND THERE CERTAINLY ARE SEVERAL SUPERSTORE THAT WOULD LOVE TO TAKE OVER THE PROPERTY.

THREE WEEKS AGO ON JANUARY 19TH, 2022, THE CITY OF FORT COLLINS COLORADO REJECTED A SAM'S CLUB PROPOSAL TO ADD 12 FUELING FUELING STATIONS TO ITS WAREHOUSE STORE.

OPENED IN 1994 AND NOTED THERE ARE TWO NEARBY STATIONS.

GREENBERG SHOULD DO LIKEWISE AND DENY THE SAM'S CLUB APPLICATION.

IF THE TOWN BOARD DOES NOT DENY THIS APPLICATION, VJS WILL DEMAND FAIR TRADE AND GREENBERG RESIDENTS WILL HAVE MANY MORE TROPICAL STORM IDEAS TO DEAL WITH.

IDA COMMENTS, I'M SORRY.

WE'LL HAVE MANY MORE TROPICAL STORM IDAS TO DEAL WITH.

THANK YOU KEN.

MM-HMM.

COMMENTS FROM ELLA PRIZE TO 9 22 SAM'S CLUB APPLICATION FOR FUELING STATION.

THANK YOU JUDITH.

I'D LIKE TO

[00:50:01]

TRANSITION TO SOME OF THOSE ON THE ZOOM.

UH, NEXT WE WILL HEAR FROM TO MAY VAA ROMAR.

AND WE'RE READY FOR YOU MR. MR. TME.

HELLO.

THANK YOU FOR THE OPPORTUNITY TO PRESENT TO THE BOARD TODAY.

MY NAME IS TAY BALER.

I'M ONE OF THE OWNERS OF THE EXXON STATION AT 6 0 9 SAWMILL RIVER ROAD.

WE BOUGHT THE TRIANGLE LOT ON DECEMBER, 2017 AND DECIDED TO ENTER INTO A SIGNIFICANT REDEVELOPMENT THAT ENTAILED ELIMINATING AN EYESORE IN THE MIDDLE OF THE TOWN AND REPLACING IT WITH THE STATE OF THE ART FUEL FACILITY FACILITY ALONG WITH THE CONVENIENCE STORE IN A DUNKING DONUT DRIVE-THROUGH AND EV CHARGES SOON TO COME.

WE WORKED WITH THE TOWN TO OBTAIN ALL OUR APPROVALS UNDER THE GUIDELINES OF THE TOWN ZONING AND PLANNING LAWS, AS WELL AS PERFORMED AN EXTENSIVE CLEANUP OF, OF AN OVER 30 YEAR CONTAMINATED PROPERTY UNDER THE SUPERVISION OF THE D E C.

WE OPENED THE SITE IN AUGUST OF 2020 TO NOT ONLY BEAUTI BEAUTIFY AND SERVICE THE GREENBURG COMMUNITY, BUT TO EMPLOY OVER 25 PEOPLE, MANY LIVING IN THE COMMUNITY.

THIS WAS A SUBSTANTIAL INVESTMENT FOR MY COMPANY AND WE DO NOT TAKE ANY OF THESE DECISIONS LIGHTLY SINCE WE ARE, OUR COMPANY'S A FAMILY RUN BUSINESS, WE CANNOT AFFORD TO MAKE A MISTAKE AND RUSH TO ANY, ANY DECISION QUICKLY.

AND WE DO, AND WE DO A THOROUGH ANALYSIS OF THE LOCATIONS IN REGARDS TO REAL ESTATE, TRAFFIC COUNT, TOWN ORDINANCE IN REGARDS TO ZONING AND PLANNING LAWS, AS WELL AS COMPETITION AND THEIR, AND THEIR, THE COMPETITION AND THEIR ASSET TYPES BEFORE MAKING AN INVESTMENT DECISION.

I'M HERE NOT TO TALK TO YOU ABOUT HOW SAM'S CLUB'S FUEL STATION WOULD HURT MY BUSINESS.

IT IS TRULY WILL.

I WE WILL BE DEVASTATED, BUT I'M HERE TO ASK YOU, WHY WOULD YOU APPROVE SUCH AN APPLICATION THAT DOESN'T SEEM TO HAVE ANY ECONOMIC OR SOCIAL BENEFIT TO THE COMMUNITY? AND SECONDLY, WOULD I OR ANY OF OUR OR THE LOCAL BUSINESSES IN THE COMMUNITY BE AFFORDED THE SAME RIGHTS AND OPPORTUNITIES SAM'S CLUB HAS RECEIVED IN THIS APPLICATION? THIS WILL NOT ONLY NEGATIVELY IMPACT MY BUSINESS, BUT ALSO OUR EMPLOYEES, THEIR FAMILIES, AND THEIR COMMUNITIES.

TO, TO GO OVER THE TWO TOPICS THAT I WANTED TO ASK YOU IS FIRST IS WHY WOULD THE TOWN APPROVED SUCH AN APPLICATION? THE REST OF THE COUNTRY IS MOVING TO DECARBONIZATION AT A LIGHT SPEED.

A FEDERAL INFRASTRUCTURE PACKAGE HAS JUST BEEN APPROVED AS ENHANCING THE AMOUNT OF EV CHARGES IN THE MARKETPLACE.

ALL LOCAL LOCAL AUTHORITIES ARE WORKING IN THE SAME DIRECTION.

BUT WHY IS GREENBURG LOOKING TO POSSIBLY APPROVE A FUEL FACILITY THAT WILL MORE THAN DOUBLE THE SUPPLY OF GASOLINE IN THE MARKETPLACE? THE GASOLINE MARKETS IS CONSISTENTLY DECLINING INDUSTRY AND THE PACE OF DECLINE WILL INCREASE DUE TO ELECTRICAL CARS.

HOWEVER, GREENBERG IS ENTERING, ENTERING AT ENTERTAINING, ADDING MORE THAN DOUBLING THE SUPPLY IN THE SAMS CLUB FUEL FACILITY.

WE KNOW THIS FROM THE 60,000 GALLON STORAGE FACILITIES THAT SAM'S CLUB IS PROPOSING TO INSTALL.

WHY WOULD GREENBERG WANT TO DOUBLE THE SUPPLY IN AN ALREADY OVERSUPPLIED MARKET? IN, IN ADDING THE SAM'S CLUB FUEL FACILITY, THE TOWN IS JEOPARDIZING THE EMPLOYMENT OF HUNDREDS OF EMPLOYEES IN THE O IN OTHER LOCATIONS THAT ARE FOR THE MOST PART HIRED FROM LOCAL COMMUNITIES.

WE, FOR EXAMPLE, HAVE MORE THAN 25 WORKER PEOPLE WORKING IN OUR LOCATION.

SAM'S CLUB ONLY HAS ONE PERSON IN A KIOSK ATTENDING TO PUMPS.

WHY WOULD THE TOWN OF GREENBERG REPLACE THE MULTIPLIER EFFECT OF HUNDREDS OF EMPLOYEES TO THE ECONOMIC AND TO THE, WITH ONE EMPLOYEE IN A SAM'S CLUB LOCATION IN A KIOSK, WE AND MANY OF THE OTHER GAS STATION OWNERS HAVE MINORITY OWNERSHIP AND HIRED FROM THE MINORITY COMMUNITIES.

WE PROVIDE OPPORTUNITY FOR ALL PEOPLE OF VARIOUS AGES, GENDERS, AND RACES TO WORK IN OUR LOCATIONS.

WHY, WHY WOULD YOU JUST CHOOSE TO SUPPORT WALMART AND THIS FUELING FACILITY AT THIS RISK OF LOSING ALL THESE JOBS? MY SECOND MAIN QUESTION IS, IS I OR ANY OF MY FRIENDLY LOCAL BUSINESSES, WOULD THEY BE AFFORDED THE SAME OPPORTUNITY AND LATITUDE IN DEALING WITH THE TOWN THAT SAM'S CLUB HAS OBTAINED? WE AS A COMPANY WOULD'VE NEVER BUILT OUR SITE IF WE KNEW THAT THE TOWN OF GREENBERG WAS CONTEMPLATING THE APPROVAL OF A SAM'S CLUB FUEL FACILITY.

WE DID STUDY THE ZONING LAW AND WE LOOKED AT THE VARIOUS POSSIBILITIES OF ANY NEW GAS STATIONS COMING INTO THE UH, TOWN.

THE SAM'S CLUB, UH, FUELING FACILITY WE KNEW WAS ALREADY TURNED DOWN IN 2004 AND THEN SECRETLY APPEARED BACK IN THE AGENDA IN 2019 WHERE THE TOWN WHERE THE TOWN, UH, IS CON CONTEMPLATED CHANGING THE ZONING LAW IN FAVOR OF SAM'S CLUB FOR THE SOLE PURPOSE OF ADDING A FUEL FACILITY.

AND THIS ZONING LAW CHANGE WOULD ONLY BE APPLIED FOR THE BENEFIT OF ONE U ONE APPLICANT, THE TOWN OF GREENBERG.

I ASK YOU, DOES THIS SOUND LIKE SPOT ZONING OR DOES THIS SEEM FAIR? THEN IN 2020, IN THE MIDDLE OF THE PANDEMIC, WE HEAR BY CHANCE

[00:55:01]

IN SOME SHAPE OR FORM THAT SAM'S CLUB IS GOING PER TOWN BOARD APPROVAL IN MARCH OF 2020 IN THE MIDDLE OF THE PANDEMIC.

IN THAT MEETING, THE TOWN DENIED THE APPLICATION FROM SAM'S CLUB AND WE WERE TOLD THAT THE APPLICATION WAS PRETTY MUCH DEAD.

WE THEN 16 MONTHS LATER, AGAIN, BY CHANCE WE WERE CONFRONTED WITH A POSSIBLE TOWN BOARD APPROVAL AGAIN.

WE'RE, WE ARE.

WHY ARE THEY BEING OFFERED SO MANY CHANCES OVER AND OVER AGAIN WHEN THERE IS SUCH OPPOSITION? WE HAD A MEETING WITH MEMBERS IN THE TOWN HALL TOWN.

ALRIGHT, THANK YOU MR. BISO.

SMAR.

I I DIDN'T MEAN TO INTERRUPT YOU.

UM, I, I, AGAIN, I JUST BEFORE THE NEXT SPEAKER, GARRETT, I JUST WANT TO CLARIFY THIS PUBLIC HEARING AUTHORIZES THE USE OF AUTOMOTIVE FUEL, UM, STATIONS IN A DISTRICT.

IT'S NOT DIRECTED TOWARDS SAM'S CLUB SPECIFICALLY.

IF THE USE HAS AUTHORIZED SAM'S CLUB WOULD HAVE TO COME BACK, RIGHT? SO I JUST WANT TO CLARIFY THAT AND NOT MAKE THIS TOTALLY ABOUT SAM'S CLUB BECAUSE IT'S NOT, AND I JUST WANT TO MAKE SURE THAT FUTURE SPEAKERS UNDERSTAND THAT SIR, YOU CAN ALWAYS SEND THE REST OF YOUR COMMENTS IN VIA EMAIL AND WE WILL ENSURE THAT THEY'RE RECEIVED BY THE TOWN BOARD AND MADE PART OF THE RECORD.

NEXT IS PATTY GARCIA AND MS. GARCIA, YOU SHOULD GET A PROMPT THAT SAYS YOU ACCEPT BECOMING A SPEAKER.

PLEASE UNMUTE YOUR, UNMUTE YOUR MIC AND BEGIN YOU UNMUTED FOR A SECOND THERE.

IF YOU COULD PLEASE UNMUTE AND SPEAK.

GOOD EVENING.

CAN YOU HEAR ME NOW? YES, WE CAN.

THANK YOU.

MY APOLOGIES.

MY APOLOGIES FOR THE DELAY.

SO I JUST WANNA TAKE A FEW MOMENTS OF YOUR TIME.

UH, MY NAME IS PATTY GARCIA AND I'M A GENERAL MANAGER OF A TRUCKING COMPANY.

UM, AND WE FREQUENT, UH, NINE A IN GREENBERG, UH, TO DELIVER GAS, UM, TO TOO MANY STATIONS.

AND HAVING BEEN INVOLVED IN A FATAL ACCIDENT, UM, A FEW MONTHS AGO, UH, ON NINE A IN GREENBERG, I JUST WANTED TO EXPRESS MY, UM, MY CONCERN FOR THE, UM, INCREASED DELAYS AND, AND TRAFFIC VOLUMES, UM, FOR EXISTING BUSINESSES AS WELL AS FOR, UM, TRUCKERS TRYING TO GET THROUGH THE AREA IN GENERAL.

UM, YOU WOULD BE INCREASING TRUCK TRAFFIC, WHICH IN MY OPINION IS, IS DANGEROUS, UM, IN AN ALREADY PRECARIOUS SITUATION.

UM, THE UM, YOU KNOW, AND THEN WE'RE TALKING ABOUT AMAZON AND THE NORTH 60 PROJECT NINE A IS ALREADY HIGHLY TRAVELED.

UM, SO I JUST WANTED TO EXPRESS COM SOME, SOME CONCERNS HAVING BEEN INVOLVED IN, UM, SOME PERILOUS ISSUES, UM, TRAVELING THE AREA AND THEN TALKING ABOUT ADDING TO THE TRAVEL IN THAT AREA.

THANK YOU FOR YOUR TIME.

JUST WANTED TO MAKE A MENTION, EXPRESS MY CONCERN AND UM, UH, GOOD LUCK AND HAVE A GOOD EVENING.

THANK YOU VERY MUCH.

THANK YOU DOREEN LIPSON.

GOOD EVENING.

I'M DOREEN LIPSON.

I LIVE AT 83 WINDHAM STREET, WHITE PLAINS, NEW YORK, UNINCORPORATED GREENBURG.

I AM ON THE EXECUTIVE BOARD OF THE COUNCIL OF GREENBURG CIVIC ASSOCIATIONS AT A COUNCIL MEETING OF THE GREENBERG CIVIC ASSOCIATIONS HELD BY ZOOM ON JANUARY 24TH.

2022.

REPRESENTATIVES DISCUSSED THE APPLICATION SEEKING AN AMENDMENT TO THE GREENBERG ZONING ORDINANCE, WHICH WOULD PERMIT THE SAM'S CLUB MEMBERSHIP WAREHOUSE ON SOUL MILL RIVER ROAD TO SELL AUTOMOTIVE FUEL.

BY MAJORITY VOTE, THE C G C A REPRESENTATIVES ADOPTED A RESOLUTION TO OPPOSE THE REQUESTED ZONING CHANGE AND TO SUPPORT THE NUMEROUS INDEPENDENT GAS STATION OPERATORS AND THEIR EMPLOYEES IN GREENBURG WHO WOULD BE NEGATIVELY IMPACTED IF THE REQUESTED ZONING CHANGE WAS PERMITTED.

I'M NOW GOING TO READ A STATEMENT BY ALAN FISHMAN.

HE LIVES IN INCORPORATED GREENBERG, THIS IS ALAN SPEAKING VIA ME.

I WATCHED THE TOWN BOARD WORK SESSION ON OCTOBER 19TH, 2021.

I AM IN DISAGREEMENT WITH MUCH OF THE DISCUSSION PRESENTED BY THE GENTLEMAN FROM THE COUNCIL OF SAM'S REAL ESTATE BUSINESS TRUST.

I HEARD THE GENTLEMAN EARLY ON IN THE DISCUSSION PRESENT WHAT

[01:00:01]

SOUNDED LIKE AN ULTIMATUM OR THREAT TO THE TOWN BOARD ABOUT THE POTENTIAL OF THEIR NOT ALLOWING SAM'S TO INSTALL A LARGE GAS STATION ON THEIR PROPERTY IN GREENBURG.

HE CLAIMED THAT IF HE DOES NOT GET THE APPROVAL HE WANTS, HE SEEKS TO REMOVE TO ANOTHER LOCATION OUTSIDE OF GREENBURG.

THE LOCATION THAT SAM'S CLUB PICKED TO DO BUSINESS IN GREENBURG IS GOLDEN.

WHILE I WON'T DIVULGE NAMES OR POSITIONS, I HAVE BEEN TOLD BY MANAGEMENT THAT THIS IS A LOCATION THAT DOES $120 MILLION OR MORE BUSINESS PER YEAR.

BUSINESS IS APPARENTLY GOOD ENOUGH THAT IT'S EXTREMELY DIFFICULT TO SHOP THERE ON THE WEEKENDS WHEN THE LINES AT EACH REGISTER EXTENDING FAR DOWN THE AISLES THAT HOUSE THE PRODUCTS FOR SALE WITH SHOPPER CARTS LOADED TO THE TOP WITH FOOD AND OTHER MERCHANDISE.

THE SPACE TAKEN UP BY SUCH A LARGE GAS STATION AND THE DRIVING SPACE NEEDED TO APPROACH IT MAY REMOVE A NUMBER OF MUCH NEEDED PARKING SPACES DURING PRIME TIMES, MAKING IT MORE DIFFICULT TO SHOP.

IT SEEMS OBVIOUS TO MANY THAT IF SAM CLUB VACATES THE SITE, OTHER LARGE COMPANIES WILL BE HAPPY TO MOVE INTO THIS LOCATION.

JUST A FEW OF NAMES THAT ARE ON THIS, MY MIND.

COME COSTCO, AMAZON AND TARGET.

THE GENTLEMAN CLAIMED THAT WITHOUT GASOLINE SALES, SAM'S CLUB JUST CANNOT COMPETE WITH THE COMPETITION REALLY WELL.

THE OLDEST COM, THE CLOSEST COMPETITOR TO SAM'S CLUB IN GREENBURG THAT HAS GASOLINE FOR SAILORS IN ROCKLAND COUNTY.

SUCH A TRIP WOULD REQUIRE CROSSING THE TAPAN SEA BRIDGE WITH ITS TOLLES AND SUBSTANTIAL DRIVING TIME AND IRONICALLY ADDITIONAL COST OF GAS FOR MAKING THE TRIP.

THUS, SUCH A CONATION FACTS IS DUBIOUS AT LEAST PERHAPS GREED WOULD BE A BETTER WORD TO USE.

WE SPEND A GOOD DEAL OF TIME, TIME IN THE ADIRONDACK THAT'S NOT FAR FROM PLATTSBURGH, WHERE THERE IS A SAM'S CLUB AND AN ACCOMPANIED SAM'S GAS STATION.

THE GENTLEMAN STATED THAT PEOPLE WILL NOT TRAVEL OUTSIDE OF THEIR LOCAL DOMAIN TO SAVE MONEY ON GAS AND AVOID THEIR LOCAL STATION.

ACTUALLY THEY WILL.

AND WE'VE WITNESSED THIS REPEATEDLY IN PLATTSBURGH, NEW YORK WHERE PEOPLE TRY, WHERE PEOPLE TRY TO TIME IT GET FILLING UP A GUEST WITH, COORDINATE WITH THEIR EXPECTED TRAVEL TO THAT AREA.

THE DIFFERENCE IN THE PRICE OF GAS BETWEEN SAM'S CLUB AND LOCAL STATIONS IS AT LEAST 20 CENTS PER GALLON.

WE HAVE NOW SEEN A COUPLE OF LOCAL STATIONS UP THERE BECOME NOT QUITE DEVOID OF CUSTOMERS, BUT SURPRISES TO ME THAT THEY'RE EVEN STILL THERE APPARENTLY JUST HANGING ON.

WELL, I KNOW IT TAKES TAX REVENUE TO RUN A TOWN.

THE STATE OF $520,000 OR EVEN THE STATED POTENTIAL OF 575 YEAR REVENUE FROM THE VERY DESIRABLE GREENBERG STOCK OCCUPIED BY SAM'S CLUB MIGHT NOT BE HARD TO REPLACE.

LOCATION, LOCATION, LOCATION.

IF IT'S GOOD ENOUGH FOR A SMART COMPANY LIKE SAM'S CLUB, OTHER COMPANIES INCLUDING SAM'S CLUB'S COMPETITORS WOULD PROBABLY AGREE SO MUCH FOR ULTIMATUMS OR THREATS.

ALAN FISHMAN OF GREENBURG RESIDENT FOR 47 AND ONE HALF YEARS.

THANK YOU AND GOOD EVENING.

THANK YOU.

THANK YOU.

BRIAN SEL SIR, YOU HAVE TO ACCEPT THE PROMPT AND THEN YOU'LL BE ALLOWED TO SPEAK FOLLOWING MR. SEL.

I HAVE NO ADDITIONAL, OH, TAKE IT BACK.

.

OKAY, MR. SEL.

UM, YOU MIGHT BE HAVING TECHNICAL DIFFICULTIES THERE.

IN THE INTERIM I'M GOING TO INVITE MR. LEO ZULFIKAR.

WELCOME LEO, IF YOU CAN PLEASE UNMUTE AND SPEAK.

OKAY.

YOU HAVE TO UNMUTE EITHER SPACE BAR OR TOGGLE DOWN TO THE UNMUTE BUTTON IN THE LOWER PORTION OF YOUR SCREEN.

OKAY? YOU SEEM TO BE SET.

CAN YOU SPEAK? SO SIR, YOU'RE UNMUTED BUT WE CANNOT HEAR YOU SO THERE MUST BE ANOTHER, UM, ISSUE WITH YOUR AUDIO.

[01:05:01]

YOU ARE NOW UNMUTED, BUT WE CANNOT HEAR YOU AND UH, YOU WILL HAVE TO TROUBLESHOOT YOU 'CAUSE WE CONTINUE TO NOT HEAR YOU.

UM, WHAT I'M GONNA DO IS TRY AND RE-INVITE MR. SENAL, YOUR HAND IS UP AND I'M SENDING YOU A PROMPT.

AND THEN LEO, I WILL SEND YOU A CHAT TO CALL ME AND WE CAN TRY AND WORK THROUGH YOUR ISSUE.

ALTERNATIVELY, UH, YOU CAN EMAIL IN YOUR COMMENTS.

OKAY, SO MR. SENAL IS NOT RESPONDING TO THE PROMPT, UH, THE OTHER GENTLEMAN'S HAVING AUDIO ISSUES.

UM, AND IT BE BEYOND THAT.

I DON'T HAVE ANY ADDITIONAL SPEAKERS.

MR. SAMAMI IS NOW ASKING TO SPEAK AND ALSO GARRETT, I THINK MS. VILLE HAS A STATEMENT FROM, UH, MR. FANDINO STATEMENT.

UM, I, I, I, OKAY, UH, I BELIEVE THAT REITERATED WHAT WAS JUST INDICATED BY, UM, INCLUDE THESE COMMENTS ON THE RECORD.

I DON'T KNOW IF NECESSARILY THE INTENT IS TO HAVE THEM READ.

UH, I THINK THEY'RE DUPLICATIVE WITH MR. MAFIA'S COMMENTS, BUT, UH, WE CAN LOOK INTO THAT.

UH, MR. SAM, ARE, ARE, ARE YOU SET? ARE ARE READY PLEASE? UH, OKAY.

YES, THANK YOU.

I'D LIKE TO LOOK AT THIS MATTER IN A DIFFERENT DIRECTION.

IF SAM'S CLUB WERE TO PROCEED, AS OF RIGHT THERE PROBABLY WOULDN'T BE THESE HEARINGS TO BEGIN WITH, BUT LET'S SUPPOSE THEY, WERE I HOLDING, HOLDING HEARINGS EVEN THOUGH AS OF RIGHT I HAVEN'T HEARD A COMPELLING REASON THOUGH TO GRANT A ZONING CHANGE.

ALL THE OTHER ISSUES ARE ISSUES THAT MIGHT BE RAISED, EVEN IF IT WAS AS OF RIGHT.

BUT YOU'VE CREATED A ZONING CODE FOR THIS TOWN AND I ASKED YOU THE TOWN BOARD TO TELL ME WHAT IS THE COMPELLING REASON FOR YOU TO DEVIATE FROM YOUR ZONING CODE.

YOU KNOW, SINCE I'VE BEEN LIVING UP HERE AND FOLLOWING THE MEETINGS, WE HAVE THIS TRADITIONAL ST.

VIDA DANCE OR YIN YANG BETWEEN THE TOWN BOARD AND RESIDENTS.

AND WE HAVE SEEN AND WITNESSED OVER THE YEARS, WE'VE SENT HOME DEPOT TO MOUNT PLEASANT.

NOW WE'VE INVITED AND WE HAVE BJ'S CLUB MOVING IN TO A DEPARTED KMART.

AND WE HAVE ALSO THE EXISTING CO COMPETITION IN GREENBURG, UH, OR NEARBY WITH COSTCO.

AND YET WHAT WE HAVE IS THE RESULT OF ALL THIS IS WE HAVE THE BATTLE, THE BIG BOX STORES AGAINST THE MOM AND BOB STORES OR EVEN SMALL BUSINESS OWNERS.

AND WHERE DOES IT LEAD TO? THE BOTTOM LINE IS RECOGNIZING ALL OF THIS.

I REPEAT WHERE I STARTED.

WHAT IS THE COMPELLING REASON TO GRANT A ZONING CHANGE? AND IF YOU WANT TO TALK COMPETITION, HERE'S THE TOWN BOARD THAT'S AUTHORIZED ACROSS THE STREET FROM SAM'S CLUB, ANOTHER BRINGER OF TRAFFIC, SHOPRITE, WHICH I WOULD WAGER TO SAY COMPETES WITH SAM'S CLUB IN PROBABLY 30% OF THE OFFERINGS IN SAM'S CLUB AT NEAR PRICES AND ALSO SELLS LARGE QUANTITIES.

YOU'VE ENCOURAGED COMPETITION FOR ONE COMPANY, SHOULD YOU DISCOURAGE IT FOR ANOTHER COMPANY.

I DON'T THINK THAT'S THE COMPELLING REASON.

SO YOU HAVE A ZONING CODE, YOU HAVE A COMPREHENSIVE PLAN STILL WITHIN ITS 20 YEAR LIFECYCLE.

WHY ARE YOU CHANGING IT? THAT'S ALL.

ANYBODY ELSE? SO I WOULD LIKE TO ACKNOWLEDGE RECEIPT OF, UH, AN EMAIL TRANSMISSION FROM MR. VINCE FANDINO.

UH, THOSE COMMENTS MIMIC IN LARGE PART WAS INDICATED BY HIS ASSOCIATES, STEVEN MAFIAA EARLIER THIS EVENING.

SO THANK YOU FOR THOSE COMMENTS.

WE HAVE THEM, WE WILL, UH, STAMP THEM IN RECEIVED AND THEY WILL BE A PART OF THE RECORD.

THANK YOU.

OKAY, I'D LIKE TO MOVE THAT.

UM, PAUL,

[01:10:01]

WE, WE, WE HAVE A LIST OF NAMES.

FAHE, JAMAL, UM, SAL SMO.

OH, OKAY.

THEN WE CAN, THERE.

THESE ARE SEVERAL.

SO JUST TO BE CLEAR, JUDITH.

UM, SO TO BE EFFICIENT, I DON'T KNOW IF THERE'S AN INTENT FROM ALL THOSE SPEAKERS.

UH, I'VE GOTTEN NUMEROUS EMAILS TO BE INCLUDED ON THE ZOOM, AND, UM, I DO SEE FAHEEM HAS NOW RAISED HIS HAND, SO THAT'S VERY HELPFUL.

I'M GONNA PROMOTE THAT GENTLEMAN.

AND MR. JAMAL, YOU'RE, YOU'RE ALL SET.

IF YOU CAN PLEASE UNMUTE AND SPEAK.

HELLO? CAN EVERYBODY HEAR ME? SURE.

UH, MY NAME IS FAHEEM JAMAL WITH CHESTNUT MARKET.

UM, I DON'T WANT TO REPEAT WHAT, UM, OTHER PEOPLE HAVE SPOKEN TODAY.

I JUST WANT TO REITERATE THE FACT OF THE JOBS, JOBS, JOBS, JOBS, LOCAL JOBS, LOCAL JOBS, LOCAL JOBS.

I MYSELF, AM A WESTCHESTER RESIDENT.

I WORK IN GREENBURG ON A DAILY BASIS, AND SO DO OUR EMPLOYEES IN OUR LOCAL CONVENIENCE STORE.

IF THIS IS ZONING HAS CHANGED AND SAM'S CLUB COMES IN, THIS WILL AFFECT NOT ONLY THE LOCAL EMPLOYEES THAT LIVE IN GREENBURG, WORK IN GREENBURG, BUT I HAVE A STATEMENT FROM A LOCAL MILK SUPPLIER, WESTCHESTER COUNTY BASED CROTON FARMS, WHERE THE OWNER LIVES IN WESTCHESTER.

HIS DRIVERS LIVE IN WESTCHESTER.

THIS IS ALSO GOING TO HAVE A NEGATIVE IMPACT, IMPACT ON CROWTON FARMS, A LOCAL DAIRY FARM DISTRIBUTION COMPANY THAT SUPPLIES A NUMBER OF THE GAS STATION CONVENIENCE STORES THROUGHOUT GREENBURG.

SO JUST PLEASE TOWN, TOWN COUNCIL, WHEN THINKING ABOUT CHANGING THIS ZONING LAW FOR THE WALMART CORPORATION, THINK ABOUT THE LOCAL JOBS.

THAT'S ALL I HAVE.

THANK YOU.

ANYONE ELSE? NO, NO.

THERE'S NOBODY ELSE.

THEN I WOULD LIKE TO MOVE THAT WE CLOSE THE HEARING AND LEAVE THE RECORD OPEN FOR SEVEN DAYS.

CAN CAN WE LEAVE THE RECORD OPEN FOR, SAY, 10 DAYS SO WE HAVE AN OPPORTUNITY TO DISCUSS THIS AT OUR NEXT WORK SESSION? SURE, SURE.

WOULD LIKE TO CHANGE TO, UH, UH, MOVE THAT WE, OH, UM, I, I, I, THE, UH, APPLICANT'S ATTORNEY, UH, I BELIEVE, UH, WHEN, WHEN ALL THE COMMENTS WERE CONCLUDED INTENDED TO SPEAK, SO, UH, THEY, THEY ARE ASKED REQUESTING TO SPEAK AT THIS TIME.

OKAY.

SO THEN LET'S, UH, HEAR THEM NOW.

OH, OKAY.

UM, IS THAT JEREMIAH? YES.

YES, MR. CANVA, YOU'RE, UM, ALL SET.

OKAY.

SO THE RECORD IS STILL OPEN, I MEAN, AND THE HEARING IS STILL OPEN, CORRECT? CORRECT.

YES.

OKAY.

I DIDN'T GET A SECOND.

OKAY.

GOOD EVENING, UH, TOWN BOARD MEMBERS, UH, I'M HERE TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE REGARDING OUR PROPOSED, UH, ZONING TEXT AMENDMENT.

AND, UM, IF YOU WOULD LIKE TO, UH, FOR ME TO REBUT OR PROVIDE ANY STATEMENTS, UH, IN, UH, IN, IN REBUTTAL TO THE TESTIMONY THAT WE'VE HEARD TONIGHT, I'M HAPPY TO DO THAT OR ANSWER ANY OF YOUR, YOUR QUESTIONS.

I'M ALSO, UH, HAPPY TO RESPOND IN WRITING TO YOU.

I KNOW YOU HAVE, UM, ANOTHER ITEM ON THE AGENDA AND, UM, IT'S LATE IN THE EVENING, SO I'M HAPPY TO ACT ACCORDINGLY.

UH, AND AT YOUR DIRECTION, UH, CRA QUITE FRANKLY, I DON'T THINK IT'S APPROPRIATE FOR US TO POINT OUT COMMENTS THAT WE THINK YOU SHOULD REBUT.

IF YOU HEAR OF ANYTHING THAT YOU WOULD LIKE TO REBUT, IT'S REALLY ON YOUR INITIATIVE.

OH, NO, THAT'S FINE.

I WASN'T SUGGESTING, AND I'M SORRY, I APOLOGIZE IF THERE WAS A MISCOMMUNICATION THERE.

I WASN'T SUGGESTING THAT YOU TELL ME WHAT TO REPLY TO.

I WAS MAKING A SUGGESTION THAT PERHAPS I WASN'T GONNA TAKE YOUR TIME UP WITH IT, BUT I, I, I WILL SAY THIS THEN.

UM, AND I'LL KEEP IT BRIEF, AND I APPRECIATE YOU CLOSING THE HEARING TONIGHT.

WE RECEIVED WRITTEN CORRESPONDENCE FROM, UH, UH, GERALD BUN BUNTING, UH, AS WELL AS THE WRITTEN CORRESPONDENCE FROM DT CONSULTING SERVICES AND F N A, UH, THE TRAFFIC AND TRANSPORTATION ENGINEER.

AND, UM, WE BELIEVE THAT OUR RECORD STANDS FOR IT ITSELF IN CONNECTION WITH THE APPLICATION FOR ZONING TEXT AMENDMENT.

UM, ESSENTIALLY, UH, TO, TO BOIL IT DOWN TO KIND OF BROAD, BROAD ISSUES, UH, THERE ARE FOUR OR THREE MAJOR, UH,

[01:15:01]

ISSUES THAT ARE ALLEGED THAT THIS PROJECT WILL HAVE ENVIRONMENTAL IMPACTS, UM, AND FLOODING, UH, THAT OUR TANKS, UH, WOULD LEAK AND POLLUTE THE ENVIRONMENT COMPLETELY UNFOUNDED.

AND WE BELIEVE OUR RECORD SUBSTANTIATES THAT.

UM, THERE ARE, UH, COMMENTS REGARDING THE, UH, UH, ALLEGED INSUFFICIENCY OF OUR TRAFFIC AND TRANSPORTATION ANALYSIS.

AND AS YOU KNOW, WE'VE WORKED WITH KIMLEY HORNE, UH, ON, UM, A TRAFFIC AND TRA COMPREHENSIVE TRAFFIC AND TRANSPORTATION ANALYSIS THAT TOOK THE REQUISITE HARD LOOK UNDER THE STATE ENVIRONMENTAL QUALITY REVIEW ACT.

UM, AND IT LOOKED AT QUEUING, IT LOOKED AT, UH, UH, THE NUMBER OF SPACES ON SITE.

WE ACTUALLY MADE CHANGES, UH, AT, AT THE TIME, AT THE TIME THAT WE, UH, WENT THROUGH THAT REVIEW WITH AT KINLEY HORN'S SUGGESTION.

UM, WE BELIEVE THE ECONOMIC IMPACTS THAT HAVE BEEN, UH, UH, ALLEGED ARE COMPLETELY UNFOUNDED, AND THAT, UM, , UH, OUR WRITTEN SUBMISSIONS AND THE RECORD STANDS FOR ITSELF.

UM, UH, I WOULD ALSO TELL YOU THAT, THAT THIS PROPOSAL, UM, DOES NOT HAVE A CONVENIENCE STORE ASPECT TO IT.

IT PRESENTS NO COMPETITION FROM ANY OF THE VARIOUS TYPES OF MARKETS THAT ARE WITHIN THE LOCAL GAS STATIONS.

UM, CHESTNUT MARKET REPRESENTATIVE, UM, UH, THAT THE CHESTNUT MARKET REPRESENTATIVES SPOKE ABOUT, UM, THIS PROPOSAL, UNLIKE EXISTING OTHER EXISTING GAS STATIONS THAT DO HAVE CONVENIENCE STORE ASPECT, THIS, THIS PROPOSAL DOES NOT AT ALL.

IT IS LIMITED TO, UH, GASOLINE SALES.

UM, I WOULD SAY THAT CHESTNUT MARKETS ARE ALL THROUGHOUT WESTCHESTER COUNTY.

THERE ARE MANY, MANY OF THEM.

I DON'T KNOW THE BUSINESS RELATIONSHIP, WHETHER THEY ARE IN FACT FRANCHISES WERE NOT, BUT THEY ARE LOCATED AT MANY DIFFERENT LOCATIONS, NOT JUST IN, IN GREENBURG.

UM, WITH THAT, TO THE EXTENT THAT YOU HAVE ANY QUESTIONS, I'M HERE TO ANSWER THEM AND I'M HAPPY TO ANSWER THEM.

I JUST REMIND YOU LASTLY, THAT THIS IS A COMMISSION.

THIS IS A PROPOSAL FOR A TEXT AMENDMENT, NOT A REZONING, NOT A ZONING MAP AMENDMENT.

IT DOES NOT CONSTITUTE A SPOT ZONE.

WE'RE PREPARED TO DISCUSS THAT AND, UM, UH, UH, SUBSTANTIATE THAT.

UM, IN ADDITION, THIS IS NOT A PROPOSAL FOR A SITE PLAN APPROVAL.

THIS IS NOT A PROPOSAL LIMITED TO SAM'S CLUB.

THIS IS A ZONING TEXT AMENDMENT THAT'S BEFORE YOU, AND IT IS A CONDITION PRECEDENT TO A FUTURE APPLICATION SHOULD THIS TEXT BE APPROVED.

THANK YOU FOR YOUR TIME, AND I'M HERE TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE.

CAN YOU, SO I KNOW THE SUPERVISOR HAS A MOTION THAT DIDN'T GET A SECOND.

NO.

CAN I HAVE A QUESTION? I HAVE A QUESTION.

TIM.

I HAVE A QUESTION.

YES? MM-HMM.

, CAN YOU RESPOND, CAN YOU RESPOND TO THE SPOT ZONING CHARGE? UH, YOU KNOW, DEFINE SPOT ZONING FOR US AND WHY THIS IS NOT SPOT ZONING.

UM, I'M HAPPY TO DISCUSS IT GENERALLY.

UM, BUT THERE'S AN ALLEGATION THAT WAS MADE THAT THIS IS A SPOT ZONING IN THE CONTEXT OF A REZONING.

THIS IS NOT A REZONING.

A REZONING IS IN FACT A ZONING MAP AMENDMENT.

THERE IS NO MAP AMENDMENT CHANGE IN FRONT OF YOU.

WE ARE NOT CHANGING THE ZONING DISTRICT DESIGNATION OF OUR PROPERTY.

WHAT WE'RE PROPOSING TO DO IS CHANGE THE LEGISLATIVE TEXT THAT OF, OF WHAT USES ARE PERMITTED BY SPECIAL PERMIT WITHIN THE DR DISTRICT.

IT DOES NOT APPLY TO ONLY OUR SITE.

YOU, YOU DON'T MEAN IT APPLIES TO EXCUSE OR OTHER SITES.

EXCUSE ME.

YOU DON'T MEAN DR, I'M SORRY, DSS, EXCUSE ME.

IT IMPLIES NOT ONLY TO OUR SITE, BUT A TOTAL OF FOUR SITES.

IT IS NOT A SPOT ZONE.

IT DOES NOT CONSTITUTE SPOT ZONE.

OKAY.

I JUST HAVE A QUICK QUESTION.

IF, IF THE LEGISLATION IS APPROVED, CAN YOU JUST EXPLAIN THE PROCESS THAT SAM'S CLUB WOULD HAVE TO GO THROUGH IN THE FUTURE TO GET IT APPROVED? YOU MENTIONED SPECIAL PERMIT.

YES.

SO, YES, SO THANK YOU.

IF THE LEGISLATION IS APPROVED BY THE BOARD, WE WOULD ADVANCE AN APPLICATION FOR SITE PLAN APPROVAL AND VARIANCE.

AND I WOULD IMAGINE THAT THAT PROCESS WOULD INVOLVE A REVIEW OF KIMLEY HORN'S WORK AND A DETERMINATION BY KIMLEY HORN AS TO THE EXTENT TO WHICH, UM, ANY ADDITIONAL TRAFFIC NEEDED ASSESSMENT WAS NEEDED OR UPDATES WERE NEEDED.

UM, IT WOULD INVOLVE A RE-REVIEW OF, UH, THE SITE ANALYSIS FOR CIRCULATION, UH, FOR QUEUING AND THINGS OF THAT NATURE, WHICH HAS ALL BEEN DONE ALREADY.

BUT GRANTED, IT'S, IT WAS DONE AT THE INITIAL, AT THE INITIAL POINT WHEN THE APPLICANT APPLICATION WENT BEFORE THE,

[01:20:01]

THE PLANNING COMMISSION.

AND SO IT WOULD, IT WOULD BE SUBJECT TO THE DISCRETION OF THE TOWN BOARD TO REVIEW THE A SITE PLAN.

UM, IF YOU REMEMBER, UH, PART OF THE TESTIMONY THAT WE GAVE WAS WE HAD A VERY GOOD RELATIONSHIP WITH THE PLANNING COMMISSION.

AND, UH, ONE OF THE THINGS THAT THE PLANNING COMMISSION WANTED US TO INCLUDE ON THE SITE WHERE EV CHARGING STATIONS, AND THIS WAS AN ITERATIVE PROCESS.

IT WAS VERY GOOD, VERY COLLEGIAL, AND, AND WE LOOKED AT, UH, UH, THE POSSIBILITY OF CREATING AN AREA FOR EV EV CHARGING.

AND, UM, YOU KNOW, IT WAS NOTHING BUT A VERY, VERY PRODUCTIVE, COLLEGIAL EXPERIENCE.

AND I WOULD EXPECT NOTHING LESS GOING FORWARD IF WE HAVE THAT OPPORTUNITY FOR A SITE PLAN APPLICATION.

ANY OTHER QUESTIONS FROM BOARD MEMBERS? AND IF NOT, PAUL, DID YOU WANT TO, UH, REMAKE YOUR MOTION, RE UH, INSTITUTE YOUR MOTION? YEAH, I WOULD LIKE TO, UH, MAKE A MOTION, UH, TO, UH, CLOSE THE HEARING AND LEAVE THE RECORD OPEN FOR 10 DAYS.

SECOND.

ALL IN FAVOR? A AYE.

UM, THANK YOU EVERYONE.

OKAY,

[ To consider an Amended Site Plan Application and to hear a petition to extend the Consolidated Water District No. 1 submitted by Hackley School, located at 293 Benedict Avenue, (P.O. Tarrytown, NY) (Adjourned for all purposes to Town Board Meeting of 2/23/2022)]

NEXT, UH, WE HAVE, UH, WHILE WE'RE ADJOURNING, UM, THE PUBLIC HEARING TO CONSIDER AN A AMENDED SITE PLAN, UH, RELATING TO CONSOLIDATED WATER DISTRICT NUMBER ONE, SUBMITTED BY HACKLEY, UM, SCHOOL, UH, TO, UH, FEBRUARY 23RD, AND NOW

[ PUBLIC COMMENT Advance signup via PublicComment@GreenburghNY.com is required. A continuous five minute limit per speaker will be strictly enforced. The clock will start when a speaker begins speaking and will not be stopped for any reason until the speaker is finished or five minutes has elapsed, whichever occurs first. Interruptions by Town Board members, the Town Clerk or the public will not be permitted. If a speaker insists on an immediate answer, should an answer be provided, it shall be part of the speaker's five minute allocation and not be interrupted. Any comments on agenda items or any other topic should be raised during this extended time period for the public to address the Town Board Department Heads have the option of leaving the meeting following Public Comment. There will not be a second public comment period at the end of the meeting. Any written comments sent to the PublicComment address will be forwarded to all Town Board members in advance of the meeting for their consideration.]

WE'LL HEAR FROM, UH, PUBLIC COMMENTS.

AND JUDITH, HOW MANY, UH, PUBLIC COMMENTS DO WE HAVE? UH, APPROXIMATELY 10.

OKAY.

UM, SO, AND EVERYBODY WILL HAVE FIVE MINUTES.

THERE'LL BE NO INTERRUPTIONS FROM ANYONE, UM, DURING, UH, THE FIVE, FIVE MINUTES, AND AFTER EVERYBODY SPEAKS, A BOARD MEMBER WOULD WANT TO COMMENT, UH, THEY'LL HAVE THE OPPORTUNITY TO, UH, DO SO.

SO THANK YOU.

SO WE CAN START NOW.

OKAY.

SO, UM, PAUL, I NOTICED HERE IN THE, UM, AGENDA, UM, THERE ARE SPECIFIC NEW GUIDELINES STATED.

DO YOU WANNA READ TO THE PUBLIC WHAT THE BOARD HAS, UH, SPECIFICALLY ISSUED IN TERMS OF NEW GUIDELINES? THE CLOCK WILL START WHEN A SPEAKER BEGINS SPEAKING.

IT WILL NOT BE STOPPED FOR ANY REASON UNTIL THE SPEAKER IS FINISHED OR FIVE MINUTES HAS ELAPSED, WHICHEVER OCCURS.

FIRST, INTERRUPTIONS BY TOWN BOARD MEMBERS, TOWN CLERK, OR THE PUBLIC WILL NOT BE PERMITTED IF A SPEAKER INSISTS ON AN IMMEDIATE ANSWER, SHOULD AN ANSWER BE PROVIDED, IT SHALL BE PART OF THE SPEAKER'S FIVE MINUTE ALLOCATION AND NOT BE INTERRUPTED.

SO THESE ARE NEW GUIDELINES GOING FORWARD.

EVERYONE WHO WILL BE SPEAKING DURING PUBLIC COMMENT, PLEASE UNDERSTAND THAT THE CLOCK WILL RUN FOR FIVE MINUTES, WHETHER YOU STOP AND ASK A QUESTION OR NOT.

OKAY, JUDITH, THANK YOU FOR THAT.

CAN I PLEASE ASK ONE QUICK QUESTION? UM, WOULD, WOULD YOU BE SO KIND AS TO READ THE SPEAKERS THAT YOU HAVE SIGNED UP AND SO WE CAN, I CAN MATCH WHO'S IN THE ROOM AND IF, IF SOME OF THOSE SPEAKERS HEAR THEIR NAME AND THEY CHANGE THEIR MIND AND DON'T WANT TO SPEAK, IF THEY COULD LET ME KNOW THAT.

AND ALTERNATIVELY, THERE'S SOMEONE ON THAT WOULD LIKE TO SPEAK THAT JUDITH DOES NOT READ THEIR NAME.

UH, IF YOU COULD SEND A CHAT THIS WAY WE CAN TRACK, BUT ULTIMATELY, YES, WE'LL STILL HAVE YOU CALL OUT THE, THE USERS, JUDITH AND I WILL, UH, BRING THEM INTO THE ZOOM.

OKAY? DO YOU WANT TO HEAR THOSE NAMES RIGHT NOW, PLEASE? THAT WOULD BE GREAT.

OKAY.

MADELINE OSHE, MARY BODEN, HOUSE SAMUS, JAMIE WILSON, SANDY OVITZ, DOREEN LIPSON, HARRY SOLWAY, HOWARD HOROWITZ, CLIFTON ABRAMS, AND ROBERT HERZ.

THANK YOU VERY MUCH.

SO IF YOU DID NOT HEAR YOUR NAME CALLED THERE AND YOU INTEND TO SPEAK, PLEASE UH, SEND EITHER A CHAT OR, OR, OR A, UH, RAISE YOUR HAND.

AND IF YOUR NAME WAS CALLED AND YOU DO NOT SEEK TO SPEAK, PLEASE ALSO LET US KNOW THAT AS WELL.

SO, MADELINE O'SHEA.

OKAY, MS. OSHA, YOU SHOULD GET A PROMPT AND MAYBE THERE'S AN INTENT NOT TO SPEAK THERE, UH, WHILE THERE'S A DELAY.

SECOND ON THE LIST.

I BELIEVE I HEARD MURRAY BODIN,

[01:25:01]

SO WE WILL.

OKAY.

THANK YOU.

GOOD EVENING.

SOMETIME AGO, I WAS A MEMBER OF THE ANTENNA REVIEW BOARD, AND AT THAT TIME, THE CHAIR WAS THE SAME CHAIR AS TODAY, CATHERINE, I CAN'T REMEMBER HER LAST NAME.

DURING THOSE MEETINGS, FRANCIS, SHE AND TOOK VIDEOS OF THOSE MEETINGS WHEN HE WAS A TOWN COUNCILMAN, WHICH MEANS THOSE VIDEOS TAPES WERE TOWN PROPERTY.

I'VE ASKED THIS QUESTION BEFORE AND I ASK IT AGAIN ON THE RECORD.

ALL CAN VERIFY AND CATHERINE CAN VERIFY THAT IN FACT, FRANCIS SHEEN DID TAKE VIDEOS OF THOSE MEETINGS.

THOSE VIDEOS WERE TOWN PROPERTY.

I HAVE ASKED BEFORE FRANCIS SHEEN, WHERE ARE THOSE VIDEOS? YOU HAVE JUST SAID THINGS ABOUT ME THAT WERE NOT QUITE POLITE, BUT YOU'VE NEVER ANSWERED THE QUESTION.

I REPEAT THE QUESTION.

WHERE ARE THE VIDEOS THAT YOU TOOK FRANCIS SHEHAN, WHEN YOU WERE A MEMBER OF THE ANTENNA REVIEW BOARD? IT IS PAST THE TIME OF DOING ANYTHING LEGALLY ABOUT IT, BUT THAT'S A MORAL QUESTION THAT THIS TOWN NEEDS TO KNOW WHAT YOU DID WITH THOSE TAPES.

THANK YOU.

THANK YOU HOUSE THOMAS SAMS. MR. SAMS, IF YOU COULD PLEASE UNMUTE.

OKAY, READY? ALL SET.

OKAY.

I'D LIKE TO DISCUSS TB ONE, THE ANTISEMITISM RESOLUTION.

UH, AS MR. FINER KNOWS, I WAS AN ADVOCATE FOR SUCH.

HOWEVER, I'M VERY DISAPPOINTED BY WHAT I SEE AND WHERE I, A PERSON OF BLACK COLORING, THE NOVEMBER RESOLUTION THAT WAS PASSED, THAT WAS ALL LIKE FOR BLACK LIVES MATTER SIMILARLY, IN THAT NEITHER OF THESE RESOLUTIONS HAVE ANY TEETH.

IT'S A LOT OF FEEL GOOD MOTHERHOOD, APPLE PIE AND THAT KIND OF STUFF.

BUT THERE IS NO SANCTIONS PROPOSED.

AND THE RESOLUTION BEFORE YOU TONIGHT, YOU'RE GONNA ASK THE POLICE DEPARTMENT, THE UNINCORPORATED POLICE DEPARTMENT TO ASSURE US THAT THEY'RE GONNA KEEP RECORDS TO SUBMIT TO THE COUNTY.

THAT SURE WILL PUT AN END TO ANTISEMITISM.

HOWEVER, LET ME BRING UP FOR YOUR INTEREST.

YEARS BACK, MR. FINER, YOU PURCHASED TWO LOTS OFF WEST HARTSDALE AVENUE.

THEY'RE ABSOLUTELY USELESS BECAUSE TO GET IN AND OUTTA THEM BY CAR, YOU HAVE TO CONTEND WITH THE TRAFFIC BUILDUP ON WEST HARTSDALE AVENUE.

AND THE D O T HAS GIVEN YOU NO CLEAR SIGN THAT THERE'S EVER ANY INTENTION TO CREATE A RIGHT TURN LANE.

SO WE HAVE TWO LOTS, WHICH YOU PAID $450,000 FOR.

YOU TORE DOWN THE ISO BUILDINGS, I GRANT YOU ON IT.

AND WE'RE NOW LONGER COLLECTING TAXES ON IT, THE LITTLE THEY BROUGHT IN.

SO WE'RE IN FOR OVER $500,000 OF USELESS PROPERTY.

I THINK SINCE WE ARE HAVE A BLACK LIVES MATTER OUTDOOR MUSEUM UNDER MANHATTAN ALONG MANHATTAN AVENUE UNDERPASS, THAT THE WEST HA WEST HEART SALE PROPERTIES ARE AN IDEAL LOCATION FOR SOMETHING AKIN TO A HOLOCAUST OUTDOOR MUSEUM, LIKE SOME STATUES WITH PLAQUES MOUNTED THEREIN.

OTHERWISE, WE'RE GONNA HAVE THOSE TWO PIECES OF LAND AGAIN, USELESS AT A TAXPAYER EXPENSE LEADING TO NO FUTURE WHATSOEVER.

THE OTHER RESOLUTION THAT TROUBLES ME IS ALSO ON THE AGENDA TONIGHT IS TB TWO.

AND HERE YOU'RE AUTHORIZING A SMALL ADDITIONAL PAYMENT TO THE OUTSIDE VENDOR, WHICH ACTED AS YOUR CONSULTANT TO EVALUATE THE BUILDINGS DEPARTMENT.

I HAVE PREVIOUSLY SOUGHT TO EXAMINE THIS DOCUMENT FILE, THE FILE REQUEST TO WHICH THE TOWN BOARD DID NOT RESPOND,

[01:30:02]

FILE A FILE APPEAL TO WHICH THE TOWN BOARD DID NOT RESPOND, BOTH VIOLATIONS OF FREEDOM OF INFORMATION LAW, YOU HAVE OPTIONS IN, IN RESPONDING AMONG THEM BE TO REJECT IT, TO DENY IT, TO REDACT THE MATERIAL.

I THOUGHT, TO SEEK MORE TIME OR TO GRANT THE FOER REQUEST, YOU EXERCISE NONE OF THOSE OPTIONS CHOOSING INSTEAD OF FIFTH, WHICH WAS JUST TO IGNORE IT.

THAT'S NOT WHAT FREEDOM OF INFORMATION LAW IS ABOUT.

AND WHEN I SEE THIS NEW, UH, RESOLUTION TO ADD $2,200 TO THIS FIRM, I CAN ONLY CONCLUDE THAT THE REASON THAT THIS IS AFTER THE FACT OF ITS COMPLETION IS THAT YOU'RE HAVING THEM REDRAW CERTAIN PROVISIONS OF THE EVALUATION, THAT WHEN YOU EVENTUALLY FIND YOURSELVES COMPELLED TO PRODUCE THIS DOCUMENT, WHICH IS COSTING TAXPAYERS $93,000, AND MAKE IT AVAILABLE TO THEM, THAT WHAT THEY'RE CHARGING YOU FOR HERE IS FOR THIS NEW LANGUAGE THAT YOU WANT IN THERE.

SO THAT WHAT WAS IN THERE ORIGINALLY WILL NO LONGER BE SEEN BY THE PUBLIC.

I POINT OUT TO THE PUBLIC WHO IS NOT AWARE THAT THE BILLINGS DEPARTMENT IS IN THE FOREFRONT OF ALL OF REGENERON FOR FUTURE DEVELOPMENT, WHICH WILL ADD BIG TAX DOLLARS TO THE TOWN OF GREENBURG AS THE PROGRAM COMMENCES PERHAPS NOT AS MUCH AS THE $6 MILLION INCREASE IN BUILDING DEPARTMENT FEES AND LICENSES THAT YOU ARE HOPING FOR IN THE 2022 BUDGET.

NEVERTHELESS, YOU DID REMOVE BY FIRING THE PREVIOUS BUILDING DEPARTMENT HEAD, YOU HAVEN'T REPLACED HIM YET, AND I THINK YOU'RE LOOKING FOR TO ALLOWING REGENERON TO MAKE THIS A COMPANY TOWN.

SO I ASK YOU TO HOLD OVER BOTH RESOLUTIONS PENDING YOUR POSITIVE CHANGE IN THE LANGUAGE.

THANK YOU.

OOPS, SORRY.

JAMIE.

JAMIE WILSON.

HELLO, JAMIE WILSON, IF YOU INTEND TO SPEAK, IF YOU COULD PLEASE UNMUTE YOUR MIC.

YEAH, I'M UNMUTED.

SORRY.

SO I HAD A FIRST QUESTION.

I WAS UNDER THE IMPRESSION I SPOKE TO MR. FINER EARLIER THAT THE ANTISEMITISM, UM, RESOLUTION, THE LANGUAGE WOULD CHANGE.

IS THAT NOT CHANGED TODAY? WELL, I THINK WE'RE GONNA DISCUSS THAT MS. WILSON, BUT IF YOU HAVE ANY OTHER COMMENTS, YOU KNOW, YOU WANT TO GET THEM OUT AND THEN WE'LL PROBABLY RESPOND TO THAT IN SOME WAY.

YEAH, I I I I GUESS THAT THEY'RE KIND OF MO IF IT'S ALREADY CHANGED AND THAT, THAT WOULD BE MY QUESTION.

HAS IT CHANGED? UH, WE'VE CHANGED A, A SENTENCE, A COUPLE WORDS AND HAS HOLOCAUST DENIAL DISTORTION BEEN ADDED TO IT AS WELL? UM, DID WE ADD WE COULD, YOU KNOW, PUT THAT IN ALSO IF WE, WE HAVEN'T, WE DIDN'T WORK OUT THE WORDING FOR THAT.

OKAY.

SO I JUST WANNA STRONGLY, THE RESOLUTION IS POSTED ON THE WEBSITE IF YOU WANTED TO LOOK AT IT.

YEAH.

AS THE RESOLUTION STANDS, IT'S WEAK AT BEST AT BEST.

AND I KNOW MR. FINE'S HEARD FROM MANY IN THE COMMUNITY.

I AGREE WITH THE OTHER MAN WHO SAID IT, IF YOU'RE GOING TO DO THIS, DO IT THE RIGHT WAY OR DO NOT DO THIS.

UM, HOLOCAUST DENIAL DISTORTION IS ANTI-SEMITIC.

THE UN PASSED A RESOLUTION, AS WE ALL KNOW JUST A FEW WEEKS AGO, THAT INCLUDED HOLOCAUST DENIAL AND DISTORTION AS BEING ANTI-SEMITIC WITH ONE OUTLIER IRAN.

BUT SOMEHOW IN THIS GROUP, WE CANNOT PUT IT IN THIS RESOLUTION.

I READ THE INTERNATIONAL HOLOCAUST REMEMBRANCE ALLIANCE HAS THE SAME LANGUAGE ALSO EXPLAINING THAT IT'S ANTI-SEMITIC.

OUR OWN STATE DEPARTMENT ADOPTED IT IN 29 COUNTRIES.

YET AGAIN, THIS RESOLUTION IN GREENBURG DOESN'T HAVE IT.

SO I SENT MR. FINER SOME LANGUAGE.

IT IS FROM THE NEVER AGAIN EDUCATION ACT AGAIN, THAT LANGUAGE BY BIPARTISAN VOTE IN OUR OWN CONGRESS, 393 TO FIVE WAS PASSED.

THE SENATE PASSED IT BY UNANIMOUS CONSENT.

THIS IS EASY LANGUAGE TO ADD WHEN YOU'RE SEEING EVERYONE ON THE GLOBAL PAT PLATFORM AND WASHINGTON AND ALL OF OUR REPRESENTATIVES HAVE DONE SO.

SO I WOULD REALLY URGE YOU TO PUT SOME TEETH IN THIS THAT IS, THAT'S REALLY MEANINGFUL.

UM, AND THE REST, MR. FINDER, THE REST, MR. FEINER AND I, WE HAD DISCUSSED THAT THERE WAS A SENTENCE IN THERE

[01:35:01]

THAT BASICALLY, UM, REGARDING FREEDOM OF SPEECH THAT IS REALLY WELL KNOWN.

EVERYONE UNDERSTANDS THAT, UM, YOU KNOW, THERE THAT YOU CAN, UH, CRITICIZE WHO YOU WANT, WHAT COUNTRIES YOU WANT, WHAT GOVERNMENT YOU WANT, THAT'S FREEDOM OF SPEECH.

BUT PUTTING THAT IN THIS LEGISLATION AND POINTING IT OUT ALSO TAKES ANTISEMITISM, UH, OF ANTISEMITISM RESOLUTION AND MAKES IT ANTI-SEMITIC.

AND I KNOW YOU'VE HEARD FROM MANY PEOPLE ON THAT.

THAT'S REALLY ALL I WANNA SAY IS I URGE YOU, IF YOU'RE GOING TO DO THIS, DO IT THE RIGHT WAY.

THAT'S REALLY IT.

THANK YOU.

THANK YOU.

OKAY, SANDY .

SANDY, IF YOU COULD PLEASE UNMUTE YOUR MIC.

HI, SORRY.

THANK YOU.

THANK YOU FOR ALLOWING ME TO SPEAK.

MY NAME IS SANDY KITZ AND I'M A RESIDENT OF HARTSDALE.

MY PARENTS ARE BOTH HOLOCAUST SURVIVORS, SURVIVORS THAT LOST MOST OF THEIR FAMILY DURING THE HOLOCAUST.

THEY LATER ESCAPED HUNGARY WITH TWO OF MY SIBLINGS DURING THE REVOLUTION IN 1956.

THEY WANTED TO COME TO AMERICA WITH THE HOPE THAT THEY WOULD BE SAFER, FEEL LESS THREATENED, AND HAVE A BETTER LIFE FOR THEMSELVES AND THEIR CHILDREN.

I WAS BORN IN A LATER TIME IN NEW YORK.

SADLY, MY PARENTS ARE NO LONGER WITH US.

BEING THE DAUGHTER OF SURVIVORS HAS HAD A STRONG IMPACT ON MY LIFE.

AND THE RISE IN ANTISEMITISM, HATRED AND BIGOTRY IS EXTREMELY POIGNANT FOR ME.

I'M VERY MUCH IN SUPPORT OF THE RESOLUTION CONDEMNING ANTISEMITISM.

THANK YOU.

THANK YOU.

THANK YOU, MS. FOW.

OKAY.

DOREEN LIPSON.

GOOD EVENING, DOREEN LIPSON.

GOOD EVENING.

I AM, UH, SPEAKING ABOUT CD ONE.

I RECOMMEND THAT THE TOWN BOARD SUPPORT PAUL FINDER'S SUGGESTION TO HOLD OVER THE ACCEPTANCE OF THE F E I S ABOUT THE ELMWOOD PRESERVE FOR TWO WEEKS UNTIL ALL THE INVOLVED AGENCIES AND THE INTERESTED PARTIES HAVE AN OPPORTUNITY TO REVIEW AND PROVIDE THEIR COMMENTS AND SUGGESTIONS ABOUT THE F E I S.

ALSO, PLEASE POST IT ON THE TOWN WEBSITE.

THANK YOU.

GOOD EVENING.

THANK YOU.

HAR EXCUSE ME, HARRY SOAY.

I DO NOT SEE THAT GENTLEMAN.

WE CAN GO TO THE NEXT SPEAKER.

HOWARD HOROWITZ.

GOOD EVENING.

CAN EVERYBODY HEAR? YES.

YES.

GOOD EVENING.

THANK YOU FOR ALLOWING ME TO SPEAK.

I AM SPEAKING ABOUT THE, UM, RESOLUTION CONDEMNING ANTISEMITISM.

I'M INSPIRED BY, UH, ARI MA'S COMMENTS FOR THE SACRED MEMORY OF THE HOLOCAUST, AND AGREE WITH ALL THE SPEAKERS THAT THERE SHOULD BE A STRONG, FOCUSED, UH, RESOLUTION FROM THIS BOARD ON ANTISEMITISM.

MY NAME IS HOWARD HOROWITZ.

I'M A PERSON OF THE JEWISH FAITH AND A MEMBER OF TEMPLE ISRAEL, NEW ROCHELLE, WHERE I SERVE ON THE ISRAEL ACTION COMMITTEE.

ADDING ISRAEL TO THIS OR ANY RESOLUTION ON ANTISEMITISM PUTS APPALL ON THE EFFORTS OF THOSE OF US STRIVING FOR JUSTICE AND PEACE IN ISRAEL.

AND PALESTINE DETRACTS FROM SACRED HOLOCAUST MEMORY, WEAPONIZES AND POLITICIZES ANTISEMITISM FOR POLITICAL PURPOSES, AND PRESSES FREE SPEECH BY FOSTERING FEAR OF BEING ACCUSED OF ANTISEMITISM AND SUBJECT TO A POLICE REPORT.

THE SERIOUSNESS OF THE CHARGE OF ANTISEMITISM, EXCUSE ME, IS A, MAKES IT A BLOOD LIBEL AGAINST ANYONE ACCUSED OF IT FALSELY.

THIS IS OF PARTICULAR CONCERN RIGHT HERE IN GREENBURG, WHERE JEWS, CHRISTIANS, MUSLIMS, AFRICAN-AMERICANS, IMMIGRANTS, ARE ALL NEIGHBORS, BUSINESS PERSONS, TEACHERS, COMMUNITY LEADERS, OFFICE HOLDERS, AND POLITICIANS.

THE DANGER OF

[01:40:01]

RESOLUTIONS LIKE THIS IS CLEARLY DEMONSTRATED BY THE INCREASING USE OF THE CHARGE OF ANTISEMITISM TO SHIELD ISRAEL FROM LEGITIMATE CRITICISM AND SANCTION FOR ITS HUMAN RIGHTS VIOLATIONS.

THE UNSUPPORTED ASSERTIONS IN THIS RESOLUTION THAT ASSOCIATE CRITICISM OF ISRAEL WITH THE RANTS OF ANTISEMITES PARTICIPATING IN HATE CRIMES AND HATE SPEECH FLIES IN THE FACE OF REALITY.

JUXTAPOSING CRITICISM, ISRAEL WITH BLAMING JEWS FOR COVID AS THIS RESOLUTION DOES, IS PARTICULARLY DISTURBING REGARDING THE CHARGE OF BIAS AGAINST ISRAEL.

SINCE WHEN DO SERIOUS NON-RACIST, NON ANTISEMITIC CRITICS OF ISRAEL NOT ALSO COMPARE ISRAEL'S TREATMENT OF PALESTINIANS TO MYANMAR'S TREATMENT OF ROHINGYAS AND TO CHINA'S TREATMENT OF THE UYGHURS.

HOW MANY OF US ARE CALLING FOR A BOYCOTT OF THE OLYMPICS WITHOUT BEING CALLED RACIST OR ANTI-ASIAN? ARE NOT IRAN, VENEZUELA, CUBA, AFGHANISTAN, RUSSIA, AND OTHERS UNDER SANCTIONS BY OUR OWN COUNTRY FOR ALLEGED HUMAN RIGHTS VIOLATIONS? DO WE NOT DRAW CONSISTENT PARALLELS BETWEEN RACISM AND POLICE VIOLENCE HERE AGAINST BLACK PEOPLE IN THE UNITED STATES AND THE TREATMENT OF PALESTINIANS IN ISRAEL? WORSE THERE STILL, WITH DISCRIMINATION AND SUPREMACY WRITTEN INTO THE BASIC LAW OF THE STATE OF ISRAEL? IS ISRAEL BEING TREATED AS ANY OTHER STATE? OR IS IT PRIVILEGED WITH THE SHIELD OF ANTISEMITISM? BEN AND JERRY SUPPORTS ISRAEL IN A TWO-STATE SOLUTION BY BOYCOTTING THE SETTLEMENTS AND OCCUPATION AND NOT ISRAEL PROPER.

IT IS CHARGED WITH ANTISEMITISM.

A PASTOR WITH THE PRESBYTERIAN CHURCH CRITICIZES ISRAEL AND IS CALLED AN ANTISEMITE.

HUMAN RIGHTS WATCH.

AND AMNESTY INTERNATIONAL, AS WELL AS ISRAEL'S SELEM CRITICIZE ISRAEL FOR ITS APARTHEID POLICIES THAT ARE ACCUSED OF BEING ANTISEMITIC.

THESE FALSE ACCUSATIONS ARE WATER INCREASINGLY HAPPENING AND ARE NOT NOTED AT ALL IN THE RESOLUTION PUT BEFORE YOU.

BY WAY OF THIS RESOLUTION, IF I APPLY THE PRINCIPLE OF ONE PERSON, ONE VOTE IN THE LAND OF ISRAEL, OR I ADVOCATE FOR THE RETURN OF PALESTINIAN REFUGEES TO HOMES THEY LEFT OR WERE EXPELLED FROM IN TIME OF WAR, CAN I BE ACCUSED OF ANTISEMITISM BECAUSE SOMEONE CLAIMS THAT I AM FAVORING THE DESTRUCTION OF ISRAEL BY ADVOCATING FOR DEMOCRACY OVER ETHNO-NATIONALISM? AM I PRIVILEGED HERE RIGHT NOW BECAUSE I AM JEWISH AND THEREFORE PROTECTED AGAINST FALSE CHARGES OF ANTISEMITISM? PLEASE STEP BACK AND FORMULATE AND PASS A RESOLUTION AGAINST ANTISEMITISM THAT LEAVES ISRAEL OUT.

SUCH A RESOLUTION WOULD BE UNIFYING AND NOT DIVISIVE.

I KNOW IT WOULD TAKE SOME COURAGE TO VOTE AGAINST A RESOLUTION THAT IS BEING PORTRAYED AS ABOUT ANTISEMITISM.

THEREFORE, I'M PROPOSING THAT THIS RESOLUTION BE TABLED AND A VOTE TAKEN ON A DIFFERENT FORMULATION.

PLEASE DO NOT FORCE THE FALSE ACCUSATION THAT ALL JEWS ARE ZIONISTS AND PRO-ISRAEL BY INCLUDING ISRAEL IN A RESOLUTION ABOUT ANTISEMITISM.

ISRAEL IS A NATION STATE, A POLITICAL ENTITY, NOT A RELIGION, NOT A RACE, AND NOT AN ETHNICITY, INCLUDING ISRAEL DOES EXACTLY WHAT YOUR RESOLUTION SAYS.

IT DOES NOT WANT ASSOCIATING BEING JEWISH WITH THE INCREASINGLY HEINOUS ACTIONS AND HUMAN RIGHTS VIOLATIONS OF THE STATE OF ISRAEL.

PLEASE GO BACK AND DO A FOCUS RESOLUTION.

IT WILL BE SUPPORTED BY ALL.

THANK YOU VERY MUCH FOR YOUR TIME.

THANK YOU.

CLIFTON ABRAMS. CLIFTON INDICATED THAT HE DOES NOT SEEK TO SPEAK TONIGHT.

OKAY, THANK YOU.

ROBERT HURST, HERST.

OH, YOU'RE MUTED MR. HARS.

SIR, YOU WERE UNMUTED.

IF YOU COULD, UH, UH, UNMUTE AGAIN.

GREAT.

YOU'RE ALL SET NOW.

OKAY.

HI, AND THANK YOU VERY MUCH FOR PERMITTING ME TO SPEAK.

UM, THERE'S NO NEED TO DIVIDE THE COMMUNITY BY INJECTING ISRAEL INTO A RESOLUTION AGAINST ANTISEMITISM, WHICH I WOULD OTHERWISE SUPPORT STRONGLY.

SO MY TALK IS DESIGNED TO URGE YOU TO EXCISE THE TWO PARAGRAPHS ABOUT ISRAEL IN THE, IN THE, IN THE RESOLUTION THAT WAS PRESENTED.

I'M A JEWISH CIVIL RIGHTS LAWYER, AND BECAUSE OF MY CRITICISM OF ISRAELI POLICIES, I'VE BEEN LABELED AN ANTISEMITE.

[01:45:01]

IT'S A BLOOD LIBEL.

ISRAEL IS A NATION STATE AND LEGITIMATELY SUBJECT TO CRITICISM LIKE ANY OTHER STATE, CHINA, MYANMAR, SOUTH AFRICA, UNDER APARTHEID AND EVEN THE UNITED STATES, BOTH CURRENTLY AND IN PRIOR YEARS UNDER JIM CROW AND SEGREGATION, THE JEWISH COMMUNITY IS TEARING ITSELF APART OVER ISRAEL.

25% OF JEWISH VOTERS IN THIS COUNTRY BELIEVE ISRAEL IS AN APARTHEID STATE THAT DOES NOT MAKE THEM ANTISEMITES A SIMILAR PERCENTAGE.

DO NOT BELIEVE ISRAEL SHOULD EXIST AS A JEWISH STATE AS IT IS PRESENTLY CONSTITUTED BECAUSE IT'S COMMITTING GENOCIDE OR CRIMES AGAINST HUMANITY.

SAME POLL PROVIDES THOSE FIGURES THAT DOES NOT MAKE THEM ANTISEMITES.

I REPRESENT A WOMAN RECENTLY FIRED BY THE WESTCHESTER REFORM TEMPLE IN SCARSDALE BECAUSE SHE WROTE A BLOG POST ON HER OWN TIME WITHOUT COMPENSATION OFF THE EMPLOYER'S PREMISES AND WITHOUT USE OF THE EMPLOYER'S, UH, PROPRIETARY INFORMATION, WHICH CALLED OUT ISRAEL'S DISPROPORTIONATE BOMBING OF GAZA LAST MAY, AND CRITICIZED ISRAEL BECAUSE OF ITS APARTHEID POLICIES SHE IDENTIFIED AS AN ANTI-ZIONIST WHILE PLEDGING FEY TO THE JEWISH PEOPLE.

SHE SAID SHE GREW UP IN A REFORMED TEMPLE AND CRITICIZED ISRAEL BECAUSE OF THE JEWISH MORAL AND RELIGIOUS PRINCIPLES SHE LEARNED IN HEBREW SCHOOL AT THAT REFORM TEMPLE.

SHE'S NOT AN ANTISEMITE BECAUSE SHE DOESN'T ENDORSE WHAT SHE PERCEIVES AS THE ZIONIST STATE OF ISRAEL AS IT IS CURRENTLY RUN OF BY AND FOR JEWS WITH SELF-DETERMINATION PROVIDED ONLY TO JEWS.

IT'S WRITTEN IN THE, IN THE BASIC NATION STATE LAW.

2018 SIGNIFICANTLY, THE RABBI WHO HIRED HER, WHO IS THE DIRECTOR OF THE TEMPLE SCHOOL, READ THE BLOG POST, ENGAGED HER IN A CONVERSATION ABOUT HER VIEWS, TOLD HER HE AGREED WITH 90% OF WHAT SHE WAS SAYING, TOLD HER TO NEVER WORK AT A PLACE THAT WOULD FIRE HER BECAUSE OF HER BELIEFS.

AND WROTE AN EMAIL AFTER THAT MEETING TO THE TEMPLE PRESIDENT AND SENIOR RABBI ENDORSING HER, SAYING HE HAD EVERY CONFIDENCE IN HER AS A, AS A JEWISH EDUCATOR AND SAYING SHE WOULD BE A GOOD ROLE MODEL FOR THE TEMPLES AND THE SCHOOL STUDENTS.

ONE WEEK LATER, THAT SAME RABBI CALLED HER INTO ANOTHER MEETING WITH THE EXECUTIVE DIRECTOR OF THE TEMPLE AND FIRED HER AFTER TELLING HER SHE SHOULD HAVE WORK AT A PLACE WOULD FIRE HER FOR VIEWS.

THIS IS WHAT CALLING OUT CRITICS OF ISRAEL AS ANTISEMITES IS DOING TO OUR COMMUNITY.

IT MUST STOP.

AND I ASK YOU NOT TO INCLUDE THOSE TWO PARAGRAPHS, WHICH, WHICH ACCOMPLISH OR SEEK TO ACCOMPLISH EXACTLY THAT.

SO I THANK YOU VERY MUCH FOR YOUR TIME AND YOU, AND YOU AND YOU LIVE IN, UH, GREENBURG.

PARDON ME? YOU LIVE IN GREENBURG? NO, BUT I'M A MEMBER OF WESTPAC, WHICH HAS ITS OFFICES IN, IN, IN, UH, GREENBURG.

AND, AND I AND, AND, AND SOME OF MY WESTPAC COLLEAGUES HAVE BEEN CORRESPONDING WITH PAUL FINER ABOUT THIS.

THANK YOU.

SO I THANK YOU VERY MUCH.

OKAY, GARRETT.

I HAVE NO, UH, FURTHER REQUESTS ON MY LIST THAT MATCHES MY NOTES AS WELL.

OKAY.

SO NOW WE'LL GO ON THE AGENDA.

UM,

[ TB 1 - 2/09/2022 Resolution of the Town Board of the Town of Greenburgh condemning antisemitic acts of hate and directing the Greenburgh Police Department to provide Town Board annual reports on antisemitic acts within its jurisdiction]

PB UH, ONE RESOLUTION OF THE TOWN BOARD OF 10 OF GREENBURG CONDEMNING ANTI-SEMITIC ACTS, UH, PAID AND DIRECTING, UH, THE GREENBURG POLICE DEPARTMENT TO PROVIDE TOWN BOARD ANNUAL REPORTS AND ANTI-SEMITIC ACTS WITH A HIS JURISDICTION.

I'D LIKE TO MOVE THE RESOLUTION, PAUL, UH, GO AHEAD.

WELL, WE NEED A SECOND.

I'LL SECOND IT SO THAT WE CAN HAVE A DISCUSSION.

OKAY.

UH, ANY FOR THE QUESTION DISCUSSION? WELL, THIS, THIS QUESTIONS RIGHT? READY FOR THE QUESTION? WELL, I HAD A QUESTION ABOUT THE, YOU KNOW, THE HOLOCAUST DENIERS AND APPARENTLY SOME LANGUAGE WAS SENT TO YOU, PAUL, THAT APPARENTLY THE REST OF US DIDN'T GET.

OH, I'M SORRY.

JUST DID YOU WANT TO INCLUDE THAT? UM, IN WHATEVER VERSION IS COULD WE, LEMME JUST SAY, GIMME 30 SECONDS PLEASE.

UM, YEAH, THAT'S A, THAT WAS IN THE, UM, LEMME JUST LOOK.

WELL, I'M LOOKING, DO YOU WANT HER, UH, READ THE REST OF THE AGENDA AND THEN I'LL, I BELIEVE IT WAS JAMIE WILSON.

I SEARCHED ON HER EMAILS AND I DIDN'T SEE THAT LANGUAGE, SO MAYBE IT WENT SOLELY.

[01:50:01]

IF YOU, UM, IS, IS JAMIE STILL, UM, LEMME JUST SEE.

I KNOW THAT I GOT AN EMAIL FROM HER, UH, EARLIER.

LET ME JUST LOOK.

SHE JUST INDICATED THAT SHE COULD PLACE LANGUAGE IN THE CHAT.

MS. ? YEAH, WHY DON'T, WHY DON'T YOU, WHY DOESN'T SHE PUT IT ON THE CHAT? JUST LIKE A SENTENCE ABOUT THE DENIAL.

AND YOU KNOW WHAT, WHY DON'T WE, UH, WE RECEIVED, I CAN RECITE THAT.

YEAH.

DO YOU KNOW WHAT? WHY DON'T WE DO THE REST OF THE AGENDA, UM, WHILE WE'RE PUTTING IN THAT LANGUAGE? WHILE WE'RE WAITING FOR THAT.

[ TB 2 - 2/09/2022 Resolution authorizing payment of $2,231.20 to Harfenist Kraut & Perlman for the period 11/1/2021 through 12/31/2021 related to an independent evaluation of building department practices]

SO, RESOLUTION, UH, TB TWO AUTHORIZING PAYMENT OF 2002 31 AND 20 CENTS TO FERR AND PERMAN, PERIOD.

11 ONE 2021 THROUGH, UM, BY 1231 2021, UH, RELATED TO AN INDEPENDENT EVALUATION OF BUILDING DEPARTMENT PRACTICES.

I'D LIKE TO MOVE THAT SECOND ON FAVOR.

TB TWO? NO, WE TB TWO.

WE MOVED ON TO T YEAH, WE'RE NOT DOING TB ONE THOUGH.

OKAY.

ONES BEEN HELD.

STILL WAITING FURTHER.

AYE, THERE'S NOT BEEN HELD IS WHAT WE'RE NOT DOING NOW.

WE'RE NOT DOING IT RIGHT NOW, NO.

YEAH.

THE RESOLUTION OF APPROVING THE CONTINUED, UH, RETENTION OF THOMAS TI GREEN.

DO WE FINISH TB TWO? YOU NEED AN, YOU NEED TO VOTE ON TB TWO, FRANCIS SECOND.

AND YOU THERE THERE WAS NO AYE.

AYE IN FAVOR? AYE.

AYE.

UM, RESOLUTION,

[ AT 1 - 2/09/2022 Resolution approving the continued retention of Thomas J. Troetti, Esq., to represent Greenburgh Police Officer Joseph Falcone in the Matter of Tina Scolpini v. the Town of Greenburgh, et al, for an amount not to exceed $25,000 ($50,000 in total)]

UH, UH, A ONE, UH, RESOLUTION OF APPROVING THE CONTINUED RETENTION OF THOMAS TRADY TO REPRESENT GREENBURG POLICE, UH, UH, OFFICER, UH, JOE FCON.

THE MATTER OF TINA VERSUS THE TOWN OF GREENBURG NAI 25,000.

I'D LIKE TO MOVE THAT SECOND.

ALL IN FAVOR? AYE.

AYE.

AYE.

UM,

[ AT 2 -2/09/2022 Resolution approving the continued retention of the Law Office of Vincent Toomey, to represent the Town of Greenburgh in the matter of Kristin Stein v. The Town of Greenburgh, et al for an amount not to exceed $25,000, (125,000 in total)]

RESOLUTION APPROVING THE CONTINUED, UH, RETENTION OF THE LOWER OFFICE OF VINCENT TOY TO REPRESENT THE TOWN OF GREENBURG IN A MATTER OF KRISTEN STEIN VERSUS TOWN OF GREENBURG FOR AN AMOUNT NOT TO EXCEED 25,000.

I, I'D LIKE TO MOVE THAT SECOND.

ALL IN FAVOR? AYE.

AYE.

RESOLUTION

[ AT 3 - 2/09/2022 Resolution authorizing the Town Supervisor to enter into a five-year agreement with Westchester County to continue to operate and maintain certain bus shelters in Unincorporated Greenburgh, for the period July 1, 2021 through June 30, 2026]

AUTHORIZING THE TOWN SUPERVISOR TO ENTER INTO FIVE YEAR AGREEMENT OF THE WESTCHESTER COUNTY TO CONTINUE, UH, TO OPERATE AND MAINTAIN CERTAIN BUS SHELTERS IN UNINCORPORATED GREENBURG, UM, UM, FOR THE PERIOD OF JULY 1ST, 2021, UH, THROUGH, UM, JUNE 30TH, 2026.

I'D LIKE TO MOVE THAT SECOND.

ALL IN FAVOR? AYE.

AYE.

AYE.

AYE.

AND, AND PAUL, BEFORE

[ CD 1 - 2/09/2022 Resolution accepting the Elmwood Preserve Final Environmental Impact Statement (FEIS) as complete and scheduling a public hearing of the Town Board, as Lead Agency, on the FEIS for Wednesday, March 9, 2022 at 7:30 PM]

YOU GET TO CD ONE, YOU KNOW, I JUST WANNA MENTION THAT, UM, YOU HAD EXPRESSED YOUR INTENTION TO HOLD OVER CD ONE UNTIL POSSIBLY, UH, A SPECIAL MEETING ON FEBRUARY, UH, 15TH NEXT WEEK.

AND, UM, I HAD A DISCUSSION WITH THE TOWN'S CONSULTANT ABOUT THAT.

AND AFTER THAT DISCUSSION, YOU KNOW, I HAD A DISCUSSION WITH YOU AS TO THE LEGAL REASONS WHY I DIDN'T THINK THAT IT WAS APPROPRIATE TO HOLD IT OVER AND WHY, UM, YOU KNOW, IT WAS NECESSARY, UH, FOR THE TOWN BOARD TO, UM, ACCEPT THAT DOCUMENT KNOWING THAT THERE WOULD BE A PUBLIC HEARING IN THE FUTURE.

SO I JUST WANTED TO HIGHLIGHT THAT.

I KNOW THAT, YOU KNOW, IT WASN'T YOUR INITIAL INTENT AND, YOU KNOW, BECAUSE OF MY, UM, COMMENTS TO YOU, I KIND OF PERSUADED YOU NOT TO DO THAT.

AND I JUST WANTED TO, UH, ACKNOWLEDGE THAT IN LIGHT OF THE FACT THAT WE HAVE A PUBLIC COMMENT ABOUT THAT.

SO THERE WOULD'VE BEEN BASICALLY, UH, SOME LEGAL, UM, RISKS TO THE TOWN IF WE HELD IT OVER.

YES.

AND I EXPRESSED MY CONCERN TO YOU ABOUT THAT, AS DID THE TOWN'S CONSULTANT.

RIGHT NOW, THERE STILL WILL BE A PUBLIC COMMENT AFTER WE APPROVE THE DOCUMENT, THERE'LL BE A HEARING ACTUALLY.

YES.

AND THE TOWN BOARD HAS DISCRETION AFTER THE HEARING TO APPROVE EITHER OF THE OPTIONS.

YEAH.

THERE'LL BE A FINDING STATEMENT AFTER THE PUBLIC HEARING, AFTER WE HEAR LOTS OF COMMENTS TO MAKE THE DECISION THAT THE TOWN BOARD THINKS IS APPROPRIATE RIGHT.

IS BOTH THE SINGLE FAMILY AND THE SINGLE FAMILY IS AS OF RIGHT.

AND THE TOWNHOUSES IS WOULD BE AN OPTION.

BUT WE, WE HAVE, YOU KNOW, AGAIN, THE BOARD, THERE'S NO LEGAL RISKS.

THERE'S NOTHING THAT PREVENTS THE BOARD FROM INDIVIDUAL BOARD MEMBERS FROM VOTING ONE WAY OR THE OTHER.

RIGHT? THERE ARE LOTS OF ALTERNATIVES THAT WILL BE SHARED AND I BELIEVE THAT SOME, IF THE TOWN BOARD APPROVES THE RESOLUTION TOMORROW, WE'LL BE CIRCULATING OF THE DOCUMENT.

OKAY.

UH, MENTION THOSE COMMENTS.

YEAH, I DON'T WANT YOU WANNA THAT, I MEAN, I ACTUALLY LIKED, YOU KNOW, THE IDEA OF, UM, YOU KNOW, VOTING, YOU KNOW, DELAYING IT, BUT I DON'T WANT PUT THE TOWN AT RISK.

OKAY.

DO YOU WANNA MOVE THAT? DID YOU WANNA MAKE A MOTION?

[01:55:01]

YEAH, I'D MAKE THE MOTION MOVING.

THE RESOLUTION.

C ONE.

C ONE ONE C ONE C ONE.

I'D LIKE TO MOVE THAT.

WHAT'S THE, WHAT'S THE MOTION? SHE ONE PRESERVE FINAL ENVIRONMENTAL IMPACT STATEMENT.

NO, NO.

WHAT DO, YEAH, WE'RE VOTING ON IT.

WE ARE VOTING.

OKAY.

MM-HMM.

SECOND.

ALL ALL IN FAVOR? AYE.

AYE.

AYE.

UM, OKAY.

UM, BOTH OUR LEGAL COUNSEL AND, UH, THE, OUR SEEKER EXPERT HAS SAID THAT'S WHAT WE'RE SUPPOSED TO DO.

OH, CORRECT.

UH, I FOUND THE, I FOUND THE, UH, THE RELU, UH, THE WORDING.

JUST FINISH.

CAN WE JUST FINISH, PAUL, FINISH WE JUMPING BACK AND FORTH.

FINISH PAUL PW ONE

[ PW 1 - 2/09/2022 Resolution authorizing Auctionsinternational.com, an on-line auction company, be used, at no cost to the Town, to sell seventeen (17) itemized older vehicles and miscellaneous equipment considered surplus or needing significant repair]

PAUL PW ONE RESOLUTION AUTHORIZING AUCTIONS, UH, INTERNATIONAL, UH, COM, UH, ONLINE AUCTION COMPANY BE USED AT NO COST TO THE TOWN, UH, TO SELL 17, ITEMIZED ALL THE VEHICLES AND MISCELLANEOUS EQUIPMENT CONSIDERED SURPLUS OR NEEDING A SIGNIFICANT, UM, REPAIR.

I'D LIKE TO MOVE THAT SECOND.

ALL IN FAVOR? AYE.

AYE.

AYE.

AYE.

PD

[ PW 2 - 2/09/2022 Resolution approving additional professional services by Raftelis Financial Consultants, Inc. (Raftelis) for further work related to an existing as-needed financial service consulting agreement, for an amount not to exceed an additional $5,417.82]

PW TWO RESOLUTION, UM, APPROVING ADDITIONAL PROFESSIONAL SERVICES TO THEIR FELLOWS.

FINANCIAL CONSULTANTS PREFER THEIR, UH, WORK RELATED TO AN EXISTING AS NEEDED FINANCIAL SERVICE CONSULTING AGREEMENT FOR AN AMOUNT NOT TO EXCEED AN ADDITIONAL $5,417 AND 82 CENTS.

I'D LIKE TO MOVE THAT SECOND.

SECOND IN FAVOR, AYE.

AYE.

[ PW 3 - 2/09/2022 Resolution authorizing a shared service Inter-Municipal Agreement (IMA) between the Village of Tarrytown and Town of Greenburgh for New York State Department of Environmental Conservation (NYSDEC) grant for "Recycling App"]

RESOLUTION AUTHORIZING A SHARED, UH, SERVICE INTO MUNICIPAL AGREEMENT BETWEEN THE VILLAGE OF TARRYTOWN AND TOWN OF GREENBURG FOR NEW YORK STATE, UH, DEPARTMENT OF ENVIRONMENTAL CONSERVATION.

WE FOR, UH, RECYCLING A, I'D LIKE TO MOVE THAT SECOND.

ALL IN FAVOR? AYE.

AYE.

AYE.

[ PW 4 - 2/09/2022 Resolution awarding the purchase and installation of new gateway network data collectors for the Greenburgh Consolidated Water District Number 1 to Rio Supply Inc. of New York, for an amount not to exceed $156,200]

RESOLUTION AWARDING THE PURCHASE AND INSTALLATION OF NEW , UH, NETWORK DATA COLLECTORS, UH, TO THE TOWN OF GREENWOOD CONSOLIDATED WATER DISTRICT, UH, ONE TO RIO SUPPLY NEW YORK FOR AN AMOUNT NOT TO EXCEED ONE 56,200.

I'D LIKE TO MOVE THAT SECOND.

ALL IN FAVOR? AYE.

AYE.

UM,

[ PW 5 - 2/09/2022 Resolution authorizing the adoption of the 2021 Westchester County, NY Hazard Mitigation Plan Update (HMP Plan can be viewed and downloaded at www.WestchesterHMP.com)]

RESOLUTION AUTHORIZING INDUCTION OF 2021, CHESTER COUNTY NEW YORK HAZARD MITIGATION PLAN UPDATE.

UM, I'D LIKE TO MOVE THAT SECOND.

ALL IN FAVOR? AYE.

AYE.

AYE.

AYE.

AYE.

AND RESOLUTION

[ TY 1 - 2/09/2022 Resolution authorizing an agreement with Westchester County through WCYB to accept $15,824.00 to operate a Summer Youth Employment and Training Program for youth ages 16 to 24 at the Theodore D. Young Community Center July 13, 2021 - September 30, 2021]

AUTHORIZING AN AGREEMENT WITH ROCHESTER COUNTY THROUGH WC Y B TO ACCEPT 15,000 8 24, UH, TO OPERATE A SEMI YOUTH EMPLOY TRAINING PROGRAM FOR YOUTH AGES SIX 16 TO 24 AT THE THEATER AND COMMUNITY CENTER.

I'D LIKE TO MOVE BACK.

SECOND.

ALL IN FAVOR? AYE.

AYE.

AYE.

AND I I FOUND THE LANGUAGE, UM, BASIC EXHIBIT TERM HOLOCAUST DENIAL AND DISTORTION MEANS DISCOURSE AND PROPAGANDA THAT DENIED THE HISTORICAL REALITY AND THE EXTENT OF EXTERMINATION OF THE JEWS BY THE NAZIS AND THE AIR COMPASSES DURING WORLD WAR II, UM, KNOWN AS A HOLOCAUST.

HOLOCAUST DENIAL REFERS SPECIFICALLY TO ANY ATTEMPT TO CLAIM THAT THE HOLOCAUST DID NOT TAKE PLACE.

HOLOCAUST DISTORTION REFERS TO EFFORTS TO ITS USE OR MINIMIZE EVENTS OF THE HOLOCAUST, THOSE PRINCIPLE ELEMENTS, INCLUDING COLLABORATORS AND ALLIES OF NAZI GERMANY, TO BLAME THE JEWS FOR CLOSING THE WRONG GENOCIDE OR TO PORTRAY THE HOLOCAUST AS A POSITIVE, UM, HISTORICAL EVENT.

AND I'D LIKE TO, UM, UM, MOVE THAT, YOU KNOW, THAT LANGUAGE BEING INCORPORATED IN THE, THE RESOLUTION.

WELL, IT CAN'T BE IN COOPERATED AS, AS IT READS BECAUSE IT'S BASICALLY GIVING US DEFINITIONS WITHOUT, UM, UM, BEING CONSISTENT WITH THE, UH, THE FORMAT OF THE RESOLUTION.

WE'RE GONNA NEED TO, SO WHAT YOU SAY, UH, WHEREAS ON, WE'RE GONNA NEED TO MO MODIFY, GET THE INTENT, BUT, UH, YOU WANNA SAY SOMETHING? I I NO, YOU WANT, I I THINK WE SHOULD HOLD THIS OVER.

I, I I THINK THAT WE NEED TO REVIEW THIS AND, AND PUT IT IN THE FORMAT AND NOT, YOU KNOW, WE SPEND A LOT OF TIME OVER ONE SENTENCE.

WE NEED TO GET A LITTLE BIT MORE TIME ON THIS.

UH, YOU KNOW, I, I'M, I BELIEVE IN RESOLUTION.

I'M JEWISH.

I HAVE BEEN, I'VE EXPERIENCED ANTISEMITISM.

WE HAD TO MOVE WHEN I WAS A CHILD BECAUSE MY FAMILY EXPERIENCED, UH, ANTISEMITISM, MY BROTHER WAS BEATEN UP.

AND I FEEL IT VERY STRONGLY.

I DON'T WANNA JUST QUICKLY APPROVE SOMETHING THAT IS BEING CHANGED DRASTICALLY.

I'D LIKE TO DISCUSS IT AND I THINK WE SHOULD HOLD IT OVER.

CAN WE HAVE THE, CAN WE VOTE ON AT A SPECIAL MEETING ON TUESDAY? WE COULD.

NO.

GOOD.

[02:00:01]

SO YOU, YOU WANNA MAKE THE MOTION? THAT WOULD BE FINE WITH ME.

YEAH.

ALRIGHT, SO, OKAY.

SO THEN, WE'LL, HE'S HOLDING IT OVER.

IT'S NOT A DEBATABLE ISSUE, AND SO WE NEED TO WORK ON LANGUAGE UNTIL TUESDAY.

YEAH.

AND, UH, WE'LL, UH, WORK ON, UH, ADDING THAT LANGUAGE.

OKAY.

SO PAUL, ARE YOU WITHDRAWING YOUR MOTION? AND FRANCIS, ARE YOU WITHDRAWING A SECOND? WELL, I WITHDRAW THE SECOND.

OKAY.

FRANCIS WITHDRAWS A SECOND.

AND ELLEN, I'M SORRY.

I, AND, AND, AND ACTUALLY PAUL WITHDRAW.

I'M WITHDRAWING MY SECOND.

YOU WITHDRAW YOUR MOTION BECAUSE THAT YOU'RE REALLY SUPPOSED TO HOLD SOMETHING OVER BEFORE IT'S, UH, IT'S BEEN MOVED AND SECONDED.

SO WHY DON'T WE JUST MAKE THAT HAPPEN BY, I'M WITHDRAWING THE SECOND AND IF YOU REDRAW YOUR MOTION.

OKAY.

THAT'S CASE.

SO WE'LL HAVE, WE'LL VOTE ON THIS ON, UH, THE RESOLUTION.

ALRIGHT.

UM, WITH THE AMENDMENT, UM, ON, UM, ON TUESDAY.

VERY GOOD.

AND DID WE SCHEDULE A SPECIAL MEETING FOR TUESDAY? I, I, I DON'T, RECALL'S THAT'S NOT OUR NEXT EVENT IS, UH, I MOVE THAT WE HAVE A SPECIAL MEETING, UH, FOR THE PURPOSES OF, UH, VOTING ON A, UM, UH, ANY, ANY RESOLUTION THAT'S HELD OVER FROM TODAY, UH, ON NEXT TUESDAY AT, UH, AT 5:30 PM SECOND.

OKAY, THAT'S FINE.

ALL IN FAVOR? AYE.

A AYE.

SO THE MEETING'S ADJOURNED.

SECOND.

ALL IN FAVOR? AYE.

AYE.

AYE.

THANK YOU.

THANK YOU.

OKAY.