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[00:00:03]

RECORDING IN

[ FINAL TOWN OF GREENBURGH PLANNING BOARD AGENDA WEDNESDAY, July 6, 2022 – 7:00 P.M. Meetings of the Planning Board will be adjourned at 10:00 p.m. ]

PROGRESS.

OKAY.

I SO MUCH WANT TO HIT THE LEAVE MEETING THING EVERY TIME YOU DO THAT, BUT, BUT YOU CAN'T DO IT.

GOOD EVENING, LADIES AND GENTLEMEN, AND WELCOME TO THE WEDNESDAY, JULY 6TH MEETING OF THE PLANNING BOARD.

UH, WE'VE GOT A VERY FULL SCHEDULE TONIGHT.

UH, MR. SCHMIDT, COULD YOU, UH, CALL THE ROLE PLEASE? SURE.

CHAIRPERSON SCHWARTZ.

PRESENT THOMAS HAY? HERE.

WALTER SIMON? HERE.

MICHAEL GOLDEN.

HERE.

CURT DESAI.

I.

MONA F*G HERE.

JOHANN SNAGS.

YEAH.

AND LESLIE DAVIS HERE TO GET EVERYBODY TONIGHT.

OKAY.

LET'S MOVE ON TO THE MINUTES.

UM, TOM, YOU HAD, FIRST OF ALL, I'D LIKE TO SAY THAT I THOUGHT IT WAS AN EXCELLENT JOB DONE BY MATT BRITTON ON THESE MINUTES.

THIS IS A VERY COMPLICATED MEETING.

WE HAD A LOT OF THINGS THAT WE WANTED TO MAKE SURE WE GOT DOWN IN WRITING FROM SOME OF THE PROJECTS WE HAD, UH, AT THE LAST MEETING.

AND MATT DID A TERRIFIC JOB.

SO THANK YOU VERY MUCH, MATT.

ALWAYS DO A GREAT JOB.

THIS WAS SPECIAL 'CAUSE IT WAS A LOT MORE COMPLICATED, SO THANK YOU.

TOM.

I THINK YOU HAD A COUPLE COMMENTS FROM YESTERDAY.

YOU WANNA MAKE? NO, I HAVE ONE QUESTION AND I WAS CORRECTED THAT, UM, THAT WHAT I THOUGHT WAS SAID WAS NOT SAID.

SO.

OKAY.

SO WE'RE OKAY? YOU'RE OKAY ON THE MINUTES? YES, I'M FINE.

OKAY.

ANYBODY ELSE HAVE ANY COMMENTS ON THE MINUTES? NO.

OKAY.

IN THAT CASE, I WILL TAKE A MOTION.

IT IS MUTED.

I HAVE A QUESTION, BUT THAT'S WHAT I DON'T THINK IT SHOULD BE HANDLED IN THE MINUTES IF I HAVE A QUESTION ABOUT SOMETHING THAT'S IN THE MINUTES, SO SOMETIME LATER ON I'LL ASK THE QUESTION.

OKAY.

WALTER, THANK YOU.

COULD I HAVE A MOTION TO APPROVE THE MINUTES IS WRITTEN THEN.

SO MOVE SECOND.

MR. SIMON, WHO SECONDED ME, JOHANN SECONDS IT ALL IN FAVOR? AYE.

AYE.

AYE.

AYE.

AYE.

ALL OPPOSED? ABSTENTIONS.

OKAY.

IT CARRIES.

ALL RIGHT.

UH, MOVING ON TO CORRESPONDENCE.

THERE ARE THREE THINGS IN CORRESPONDENCE.

MR. SCHMIDT AND MR. OR MR. BRITMAN, COULD YOU TAKE US THROUGH THEM, PLEASE? YES.

SO FIRST, ACTUALLY, WE HAVE, UM, CASE NUMBER PB 21 DASH 27, KNOWN AS RENAR SELF-STORAGE AT 42 DASH 44 HAYES STREET, P O ELMSFORD.

UH, I WANTED TO BRING THAT TO YOUR ATTENTION THAT THE VILLAGE OF ELMSFORD, BOARD OF TRUSTEES HAS CIRCULATED A SEEKER LEAD AGENCY NOTICE OF INTENT FOR THIS PROJECT.

YOU MAY RECALL THAT WE DISCUSSED THIS PROJECT IN A PRIOR WORK SESSION.

THE PLANNING BOARD ISSUED ITS RECOMMENDATION TO THE ZONING BOARD OF APPEALS AND AGREED THAT EITHER THE Z B A OR THE VILLAGE OF ELMSFORD WOULD BE THE MOST APPROPRIATE LEAD AGENCY TO CARRY OUT THE SEEKER PROCESS IN CONNECTION WITH THIS PROJECT.

THE BOARD, AT THIS TIME, MAY WISH TO CONSIDER VOTING WHETHER OR NOT IT HAS ANY OBJECTION TO THE VILLAGE BOARD OF TRUSTEES INTENT.

THANK YOU.

ANYBODY, UH, HAVE A COMMENT QUESTION.

OKAY.

IN WHICH CASE, I WILL ENTERTAIN A MOTION TO, UH, NOT TO OBJECT TO, UH, THE ELMSFORD BOARD OF TRUSTEES BEING LEAD AGENCY FOR SEEKER.

SO MOVED.

MR. HAY, WHO, WHO'S SECONDED? MR. SIMON.

YOU SECOND? NO, NO.

I, OH, MR. MR. DESAI.

MR. DESAI.

ALL IN FAVOR? AYE.

AYE.

AYE.

ALL OPPOSED? ABSTENTIONS? NONE.

OKAY.

MOVE RIGHT.

MOVING RIGHT ALONG.

GO AHEAD.

YES.

SECOND, WE HAVE CASE NUMBER PB 19 DASH 33, THE BRODSKY SUBDIVISION, 2121 SAW MILL RIVER ROAD PO.

WHITE PLAINS IN YOUR PACKAGES.

IT WAS A FIRST PRELIMINARY SUBDIVISION EXTENSION REQUEST.

UH, THE PRELIMINARY SUBDIVISION CURRENTLY IS SET TO EXPIRE ON AUGUST 2ND.

WE RECEIVED AN EMAIL REQUEST FROM PAGE BRODSKY DATED JUNE 22ND, 2022, AND SHE'S ASKED FOR A 90 DAY EXTENSION REQUEST NOTING THAT HER ENGINEER IS WORKING WITH THE COUNTY HEALTH DEPARTMENT TO GET ALL THE PAPERWORK FILED, REVIEWED.

AND, UM, HE EXPECTS THAT IT WILL BE COMPLETED WITHIN THE 90 DAY EXTENSION PERIOD.

ANY QUESTIONS? CAN I HAVE A MOTION TO APPROVE THE EXTENSION THEN PLEASE? SO MOVED.

SECOND WALTER SECONDS.

ALL IN FAVOR?

[00:05:01]

AYE.

AYE.

ALL OPPOSED? EXTENSIONS PASSES.

OKAY, GO ON, AARON.

OKAY.

AND THEN, UM, WE HAVE PIECE NUMBER PB 22 DASH ZERO EIGHT LENIN LOCATED AT THREE EASTERN ROAD PO HARTSDALE.

THIS IS A OF OUR VERY MINOR PROJECT WETLAND WATERCOURSE PERMIT APPLICATIONS.

AND MR. BRITTON HAS ISSUED HIS REPORT TO THE PLANNING BOARD ON THIS PROJECT AND IS PREPARED TO DETAIL IT FOR YOU AT THIS TIME.

PAT.

THANK YOU.

AARON.

UH, COULD YOU SHARE THE SCREEN WITH THE, UM, STAFF REPORT DRAWING PLEASE? YES.

SO THIS IS A, UH, SUPER MINOR WETLANDS PROJECT.

WHAT THEY'RE PROPOSING TO DO IS A SECOND FLOOR ADDITION.

ADDITION.

UM, PART OF THEIR ADDITION WILL BE OVER AN EXISTING GARAGE AND PART OF IT WILL GO OVER, UH, NOTHING, UM, GO OVER LAWN AREA AND THEY NEED TO SUPPORT THAT, UH, OVERHANGING AREA.

AND SO THEY NEED A POST IN THE GROUND, UH, ON THIS DIAGRAM, THE RED AREA IS THE APPROXIMATE AREA OF THE ADDITION.

THE BLACK BOX IS ROUGHLY THE SIZE OF THE DISTRESS AREA FOR THE SUPPORT POST THAT THEY NEED TO DO.

IT'S ABOUT TWO FOOT BY TWO FOOT AND THE PROPERTY IT ORDERS IN THE REAR A WETLAND AND A WATERCOURSE AREA, UM, ALONG CCO ROAD.

UH, IT'S, I WENT OUT THERE.

IT'S, IT'S LITERALLY TWO FEET AWAY FROM AN ALREADY PAVED AREA OF THE BACKYARD.

AND UNFORTUNATELY THEY COULD NOT MOVE THE POST OVER TO THAT AREA.

UM, DUE TO ENGINEERING CONCERNS.

SO THE C A C, THEY WENT BEFORE THE C A C, THE C A C GAVE THEIR POSITIVE RECOMMENDATION.

THEY HAD NO ADDITIONAL CONDITIONS OTHER THAN THOSE THAT ARE INCLUDED IN THE STANDARD, UH, WELL INSPECT REPORT AND TERMINATION.

UM, SO I'M ASKING YOU TO TURN OVER JURISDICTION ON THIS PROJECT TO ME AND THE PUBLIC HEARING FOR THIS PROJECT.

OKAY.

ANY QUESTIONS? ANY QUESTIONS FROM THE BOARD? IF NOT, I'LL ENTERTAIN A MOTION TO TURN THIS OVER AS A, UH, MINOR WETLANDS DECISION TO MR. BRITTON.

CAN I HAVE A MOTION PLEASE? SO MOVE.

CAN I HAVE A SECOND? SECOND.

OKAY.

TAKE THE SHARE SCREEN DOWN, PLEASE.

ALL IN FAVOR? AYE.

AYE.

AYE.

ALL OPPOSED? OKAY.

ABSTENTIONS? NONE.

OKAY.

THAT PASSES.

I THINK THAT'S ALL FOR REGULAR CORRESPONDENCE, CORRECT, AARON? THAT'S RIGHT.

OKAY.

AND JUST, THERE ARE A COUPLE OF OTHER THINGS IN, IN CORRESPONDENCE THAT WILL COME UP LATE LATER AS WE GO THROUGH PROJECTS.

RIGHT.

AND WE'LL TAKE THEM AT THAT TIME.

OKAY.

GOOD.

OKAY.

LET'S MOVE ON TO THE FIRST CASE OF THE EVENING.

AND, UH, GOOD CATCH BY BY WALTER SIMON.

UM, IN TERMS OF THE ACTUAL WRITTEN DOCUMENT ON THIS, IT'S, IT'S, UH, PB 2204 CLEAR RIDGE VILLAGE CONDOMINIUMS. WE'VE SEEN THIS COUPLE OF TIMES NOW.

THAT'S WHERE THEY'RE TRYING TO SHORE UP THE SLOPE BEHIND THE CONDOMINIUMS, UM, AND SO THAT THEY, THERE ISN'T FURTHER EROSION THERE AND THAT THEY CAN HAVE ADEQUATE ACCESS TO AIR CONDITIONING UNITS.

UM, AARON, DO YOU WANNA TAKE US THROUGH JUST BRIEFLY, SINCE YOU JUST, YOU JUST SENT OUT THE NOTE, WHAT'S IN THE, IN THE RECOMMENDATION? YES.

SO, SO THE RECOMMENDATION, IT'S A, IT'S A PER FOR WETLAND WATER COURSE, STEEP SLOPE AND TREE REMOVAL PERMIT.

CORRECT.

SORRY.

RIGHT.

SO WE CIRCULATED A DRAFT DECISION, UH, PREPARED AT THE BOARD'S REQUEST, UH, FOR CONSIDERATION OF THE PLANNING BOARD, STEEP SLOPE PERMIT, WET AND WATERCOURSE PERMIT AND TREE REMOVAL PERMIT.

WE HAVE ALL THE STANDARD CONDITIONS THAT YOU WOULD NORMALLY SEE, HOWEVER, I WANTED TO BRING TO YOUR ATTENTION.

UH, SECTION FOUR ON PAGE SEVEN OF THE DRAFT DOCUMENT INCLUDES SOME SITE SPECIFIC REQUIREMENTS.

YOU MAY RECALL THAT WE SPOKE ABOUT CERTAIN SITE SPECIFIC REQUIREMENTS IN CONNECTION WITH THIS PROJECT, AND I CAN RUN THROUGH THOSE QUICKLY SINCE, UM, SOME OF YOU HAD NOT SEEN THE DRAFT.

SO, 4.1 OF THE DRAFT DECISION STATES THAT THE APPLICANT SUBMITTED A PLAN FOR MAINTENANCE AND MONITORING OF THE WETLAND MITIGATION ACTIVITIES

[00:10:02]

ENTITLED WETLANDS MITIGATION PLAN SHEET C DASH 5 0 1, DATED 6 30 21, AND LAST REVISED 11 30 21 PREPARED BY DAVID LOMBARDI PE, NEW YORK STATE LICENSE NUMBER 0 3 0 0 8 4.

UNDER FOUR IS ARE THREE CONDITIONS 0.142 AND 4.13 THAT ALL RELATE TO THE WETLANDS MITIGATION PLAN.

THE FIRST STATES THAT INVASIVE VINES SHALL BE CUT IN THE FALL AND END CUTS SHALL BE TREATED WITH NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION APPROVED HERBICIDE BY A NEW YORK STATE D E C LICENSED APPLICA APPLICATOR, SUBJECT TO CONDITIONS 4.2 AND 4.3 BELOW.

UH, THE SECOND STATES THAT THE FOLLOWING SPRING AFTER THE FIRST CUT, THE AREA MUST BE INSPECTED BY A LICENSED PROFESSIONAL ON BEHALF OF THE APPLICANT AND THE TOWN WETLANDS INSPECTOR TO DETERMINE IF ADDITIONAL TREATMENT IS NECESSARY.

THE THIRD STATES, DURING THE FOLLOWING THE FALL, FOLLOWING THE INITIAL TREATMENT FOR A PERIOD OF THREE YEARS, THE MITIGATION AREA MUST BE INSPECTED BY A LICENSED PROFESSIONAL ON BEHALF OF THE APPLICANT AND REPORT HIS OR HER FINDINGS TO THE TOWN WETLANDS INSPECTOR IF DEEMED NECESSARY, ADDITIONAL INVASIVE REMOVAL AND TREATMENT ACTIVITIES SHALL TAKE PLACE FOLLOWING REVIEW AND APPROVAL BY THE TOWN WETLANDS INSPECTOR.

SO WE WANNA MAKE SURE IT'S NOT JUST A ONCE OVER INTO THAT AREA THAT THEY WERE GONNA CLEAN UP AND REMOVE THE INVASIVES.

WE WANNA MAKE SURE THAT IT'S A SUCCESSFUL PROGRAM.

UM, 4.1 0.4 STATES THAT NO SOIL IS TO BE DISTURBED WITHIN THE WET WITHIN THE MITIGATION AREA, AND ANY INVASIVE PLANT MATERIAL CUT MUST BE REMOVED FROM THE SITE, FROM THE SITE AND BE APPROPRIATELY DISPOSED OF.

AND WE HAVE 4.2 WHICH STATES THAT THE APPLICANT OR ITS SUCCESSOR AND INTEREST SHALL OBTAIN AN APPROVED WETLAND WATER COURSE CLEARANCE FORM FROM THE TOWN WETLANDS INSPECTOR PRIOR TO THE DIRECT APPLICATION OF SELECTIVE HERBICIDES, PESTICIDES, OR FERTILIZERS IN THE ONSITE WETLAND WATER COURSE BUFFER ASSOCIATED WITH THIS PROJECT.

SUCH APPLICATION MUST BE PERFORMED BY HAND IN ACCORDANCE WITH MANUFACTURER'S RECOMMENDATIONS AND ACCEPTED HORTICULTURAL PRACTICES FOR THE PURPOSES OF CONTROLLING INVASIVE VEGETATION AND SUPPORTING NATIVE PLANT GROWTH.

SUCH APPLICATION MUST BE PERFORMED IN A MANNER WHICH WOULD NOT NEGATIVELY IMPACT ON INTENDED VEGETATION, WETLANDS, WATER COURSES, OR SOILS.

APPROPRIATE SIGNAGE ALERTING.

RESIDENTS OF SUCH WORK MUST BE PLACED AT LEAST 48 HOURS PRIOR TO ANY APPLICATION.

AND THEN 4.3 STATES THE APPLICANT OR ITS SUCCESSORS AND INTEREST MUST INSTALL APPROPRIATE SIGNAGE ALERTING RESIDENTS OF THE USE OF HERBICIDES, PESTICIDES, OR FERTILIZERS FOR AT LEAST 48 HOURS AFTER THEIR APPLICATION.

SO I THINK THOSE WERE A COUPLE THINGS THAT CAME UP DURING THE COURSE OF THE REVIEW OF THIS PROJECT.

WE WANTED TO MAKE SURE THAT THEY WERE CAPTURED AS PART OF SITE SPECIFIC CONDITIONS.

I SEE MS. F*G HAS A QUESTION.

AARON, I JUST WANNA BE CLEAR, ARE THEY GONNA BE ALERTING THE RESIDENTS BEFORE THEY, UM, SPRAY AS WELL? YES.

OKAY.

CORRECT.

SO, UH, AT LEAST 48 HOURS PRIOR, AND THEY MUST BE LEFT UP AT LEAST FOUR, EIGHT, AND THEN THEY LEFT ASSIGNED 48 HOURS.

OKAY.

THANK YOU FOR THE CLARIFICATION.

YOU'RE WELCOME.

OKAY.

ANY OTHER QUESTIONS? THE ONLY OTHER POINT I WANTED TO MAKE IS THAT BEFORE YOU CONSIDER VOTING ON THESE APPLICATIONS, NEED TO SEE THAT THE PROJECT QUALIFIES AS A TYPE TWO ACTION UNDER.

OKAY.

SO WE DON'T NEED TO VOTE, VOTE THEN ON CICA.

I, I THINK BOARD DECLARE IS IT TYPE TWO? WE? YEAH, I THINK THAT WOULD BE, CAN CAN I HAVE A MOTION TO DECLARE THIS? A TYPE TWO ACTION UNDER SEEKER.

SO MOVED.

HAVE A SECOND.

SECOND.

MR. SNAG SECONDS.

IT ALL IN FAVOR? AYE.

ALL OPPOSED? ANY ABSTENTIONS? NO.

OKAY.

IT'S TYPE TWO.

OKAY.

SO NOW THREE VOTES.

AARON? YES, CORRECT.

OKAY.

THE, COULD I HAVE A, UH, MOTION TO APPROVE THE PLANNING BOARD STEEP SLOPE PERMIT.

SO SECOND.

MR. MR. DESAI? DO HAVE A SECOND? SECOND MOTOR.

SECOND.

ALL IN FAVOR? AYE.

AYE.

ALL OPPOSED? ABSTENTIONS? NONE.

OKAY.

CAN I HAVE A MOTION TO APPROVE THE WETLAND WATERCOURSE PERMIT? SO MOVED.

MR. SIMON, DO YOU HAVE A SECOND? SECOND,

[00:15:01]

MR. HAY? ALL IN FAVOR? AYE.

AYE.

AYE.

ALL OPPOSED? ABSTENTIONS.

OKAY.

CAN I HAVE A MOTION TO APPROVE THE TREE REMOVAL PERMIT? SO MOVED.

MS. FRY TAG.

DO I HAVE A SECOND? SECOND.

UH, MR. DESAI SECOND.

SO IN FAVOR? AYE.

A AYE.

AYE.

ALL OPPOSED? ABSTENTIONS? NONE.

OKAY.

THANK YOU VERY MUCH.

OKAY.

UM, AARON, I SAW DAVID STEINS IN THE ROOM.

IS HE HERE OR NOT? I DID NOT SEE HIM.

OH, THERE HE IS.

I'M SORRY.

THERE HE IS.

I AM HERE.

I'VE BEEN LOOKING FOR YOU MR. DISHWASHER? YES.

OKAY, EVERYONE, I HOPE FOR GOOD REASON, JUST A REMINDER TO ASK EVERYONE TO KEEP YOUR MICS MUTED UNTIL CALLED UPON THE SPEAK, PLEASE.

THANK YOU.

YEAH.

THANK YOU.

OKAY.

SO DAVID, YOU, I KNOW THAT YOU HAD SOME OTHER THINGS YOU, ARE YOU PREPARED TO, TO GO FORWARD NOW? YES.

WE'RE, WE'RE READY IF YOU'RE READY.

YES, WE ARE.

OKAY.

UH, THE NEXT CASE ON OUR AGENDA IS, UH, TOM BOYD, CASE 1802 ELMWOOD PRESERVE AT EIGHT 50 DO FAIR ROAD.

AS YOU RECALL, THIS IS A ZONING MAP AMENDMENT TO APPROVE A CD OVERLAY FOR 113 SINGLE FAMILY HOMES AT THAT ADDRESS.

WE PREVIOUSLY HAD FORWARDED A FINDING STATEMENT TO THE TOWN BOARD WHERE WE HAD ACTUALLY RECOMMENDED THAT THE TOWNHOUSE OPTION, THE TOWN BOARD DECIDED THAT THEY WANTED THE SINGLE FAMILY.

AND OUR BACKUP OPTION AT THE TIME WAS TO RECOMMEND A CD OVERLAY SO THAT WE PRESERVE SPACE.

AND THAT'S WHAT THE DEVELOPER HAS COME BACK WITH.

UM, SUBSEQUENT.

THIS UNFORTUNATELY CAME IN LATE, BUT WE GOT A, UH, AN OPINION FROM THE C A C TODAY.

UH, HAVE PEOPLE HAD A CHANCE TO READ THAT? I HAVE NOT.

MS. GOOD EVENING, MR. CHAIRMAN, MEMBERS OF THE BOARD.

DAVID STEINMETZ FROM THE LAW FIRM OF ZIN AND STEINMETZ, AND I APPRECIATE MR. CHAIRMAN.

I WAS HOPING I WOULD MAKE IT HOME IN TIME TO GET ONTO THE ZOOM, AND I DID SO, SO THANK YOU.

THAT WAS WHY I ALERTED AARON, I MIGHT BE DELAYED.

UM, I, MY UNDERSTANDING IS SOMETHING CAME IN, I HAVE NOT HAD A CHANCE TO READ IT.

I DON'T, I'M JOINED BY JAMES CARAS FROM J M C.

I DON'T KNOW WHETHER JAMES HAS HAD A CHANCE TO, TO SEE IT YET, EITHER.

I HAVE NOT.

OKAY.

WHAT I'D LIKE TO DO, IT'S VERY SHORT.

UH, AARON, DO YOU MIND READING IT INTO THE RECORD? IT'S ON, IT'S LESS THAN A PAGE LONG.

PERFECT.

OKAY.

AND IF YOU COULD, IF YOU COULD, IF MATT COULD EMAIL A COPY OVER TO MR. STEINS AND MR. CAR SO THEY HAVE IT.

I BELIEVE, UH, COMMISSIONER DUQUE DID, UH, LATE THIS AFTERNOON, BUT READ IT INTO THE RECORD SO WE ALL KNOW WHAT WE'RE TALKING ABOUT HERE.

OKAY.

BEAR WITH ME JUST FOR A MOMENT.

MR. SIMON.

OH, CAN YOU JUST SHARE IT ON THE SCREEN SO EVERYONE COULD SEE IT AND THEN SHARE IT WHILE YOU READ, WHILE YOU READ IT, AARON, IF YOU CAN, IF YOU CAN'T, I CAN.

YEAH.

BUT THEN BY SHARING ON THE SCREEN, DOES, DOES IT NOT BECOME PART OF THE RECORD? I'D RATHER IT READ, READ OUT LOUD RATHER THAN PEOPLE TRY TO READ THROUGH IT.

OKAY.

THE PUBLIC SHOULD HEAR IT TOO.

IT'S VERY SHORT.

AND BY THE TIME WE ARGUE ABOUT THIS, IT WOULD'VE BEEN READ.

SO LET'S GO.

OKAY.

UH, SO THIS IS A MEMO DATED JULY 5TH, 2022 FROM THE GREENBERG CONSERVATION ADVISORY COUNCIL TO THE TOWN BOARD AS LEAD AGENCY RELATIVE TO CASE NUMBER TB 1802.

THE ELMWOOD PRESERVE AT THE C A C MEETING HELD ON JUNE 23RD, 2022.

PLANNING, COMMISSIONER GARRETT DUANE PROVIDED THE C A C WITH AN OVERVIEW OF THE APPLICANT'S CONCEPTUAL PLAN FOR THE BUILDING OF A 113 SINGLE FAMILY HOME SUBDIVISION WITH A CONSERVATION OVERLAY ON THE ELMWOOD PROPERTY.

THE C A C BELIEVES THE PROPOSAL AS MERIT AND RECOMMENDS THAT THE BELOW BE INCLUDED IN THE FINAL SEEKER FINDINGS.

AND IF THE APPLICATION IS APPROVED, THAT THEY BE INCLUDED IN THE TOWN BOARD'S APPROVAL.

ONE COMMUNITY GEOTHERMAL BE USED FOR HEATING AND COOLING.

TWO, THE UNITS BE READY FOR THE USE OF SOLAR PANELS AND ENERGY STORAGE.

THREE, THE UNITS HAVE CONDUITS IN PLACE FOR THE INSTALLATION OF ELECTRIC CHARGING UNITS.

FOUR.

THE FLOODING FROM THE PROPERTY ONTO DOBS FERRY ROAD SHOULD BE ADDRESSED SATISFACTORY TO THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION AND THE TOWN.

FIVE.

THE LANDSCAPING PLAN FOR THE HOMES REDUCE THE AREAS CONTAINING MODE GRASS BY THE USE OF PLANTING AREAS OF TREES, SHRUBS, AND OTHER PLANTS ON PROPERTY BORDERS.

SIX.

THE LANDSCAPE PLAN SHOULD INCLUDE DECIDUOUS TREES WITH THE POTENTIAL FOR LARGE SIZE WHEN FULLY GROWN AND A LONG LIFESPAN.

SEVEN.

THE GRANTING OF THE CONSERVATION OVERLAY PREVENTS ANY FUTURE USE OR DEVELOPMENT ON THE LAND

[00:20:01]

IN THE EASEMENT AREAS.

EIGHT.

A PLAN B DEVELOPED SATISFACTORY TO THE WESTCHESTER LAND TRUST OR A QUALIFIED ORGANIZATION OR INDIVIDUAL ACCEPTABLE TO THE DEPARTMENT OF COMMUNITY DEVELOPMENT AND CONSERVATION FOR THE MAINTENANCE OF THE CONSERVATION OVERLAY AREAS.

REQUIRING BUT NOT LIMITED TO THE REMOVAL OF INVASIVE PLANTS AND THE MAINTENANCE, ANY STORMWATER RETENTION AREAS.

NINE.

THE FOLLOWING ARE IMPLEMENTED TO ENSURE THE MAINTENANCE PLAN IS EXECUTED.

A, A HOMEOWNER'S ASSOCIATION OF THE RESIDENCES IN THE ELMWOOD DEVELOPMENT BE FORMED TO MAINTAIN THE EASEMENT.

B THE HOMEOWNER'S ASSOCIATION BE REQUIRED TO ENGAGE THE WESTCHESTER, WESTCHESTER LAND TRUST OR A QUALIFIED ORGANIZATION OR INDIVIDUAL ACCEPTABLE TO THE DEPARTMENT OF COMMUNITY DEVELOPMENT AND CONSERVATION TO PERFORM IN AN ANNUAL AUDIT TO ASSESS THAT THE EASEMENT IS BEING PROPERLY MAINTAINED AND NOT ENCROACHED UPON.

C THE WESTCHESTER LAND TRUST OR OTHER EXPERT SHALL ISSUE A REPORT OF ITS ANNUAL AUDITS TO THE HOMEOWNERS ASSOCIATION WITH A COPY TO THE TOWN.

ANY DISCREPANCY REVEALED BY THE ANNUAL AUDITS MUST BE REMEDIED WITHIN 90 DAYS.

IF NOT THE TOWN AND ITS CONTRACTORS MAY ENTER UPON THE PROPERTY AND REMEDY ANY DISCREPANCY.

AND THE COST THEREOF SHALL BECOME A LIEN ON THE RESIDENCES IN THE HOMEOWNER'S ASSOCIATION.

D THE EASEMENT SHALL BE FILED WITH THE WESTCHESTER COUNTY CLERK IN THE COUNTY'S LAND RECORDS.

E THE LEGAL DOCUMENTATION OF THE EASEMENT SHALL BE SATISFACTORY TO THE TOWN ATTORNEY'S OFFICE.

ALSO, THE C A C WOULD LIKE TO REVIEW AND MAY HAVE ADDITIONAL COMMENTS ON THE DEFINITIVE SITE PLAN WHEN IT IS FILED AND APPLICATIONS WHEN FILED RELATING TO STEEP SLOPES, WETLANDS, TREE REMOVALS, AND OTHER ENVIRONMENTAL MATTERS MATTERS.

OKAY.

IF YOU TAKE THAT DOWN SO I CAN SEE EVERYBODY, BUDDY.

I APPRECIATE THAT, AARON.

THANK YOU.

GOT IT.

A LOT OF THE THINGS IN THERE, UM, I THINK CAN BE RESOLVED AT, AT SITE PLAN.

DON'T NEED TO BE RESOLVED TONIGHT.

THAT'S MY FEELING.

UM, IT, I DON'T THINK IT'S REALLY FAIR TO ASK YOU, MR. STEINS, UNLESS YOU WANT TO REACT TO IT TONIGHT, TO REACT TO A LETTER THAT YOU JUST HEARD FOR THE FIRST TIME.

UM, DO YOU HAVE ANYTHING YOU'D LIKE TO SAY AT THIS POINT, MR. DIAMONDS? I'M HAPPY TO, BUT I SEE MR. HAY HAS HIS HAND RAISED.

I DON'T WANNA CUT HIM OFF.

OKAY.

I GET, I'M HANDING OVER THE CHAIRMANSHIP TO MR. STEINMAN TO RECOGNIZE PEOPLE .

SORRY.

NO, I JUST, I DON'T WANNA BE RUDE TO MR. HAY, THAT'S ALL.

OKAY.

NO, I'M JUST KIDDING.

MR. HAY, GO AHEAD.

I'M SORRY.

I DIDN'T SEE THAT.

I HAVE A, I HAVE A PROCEDURAL QUESTION.

SO THIS IS SURE.

A MEMO FROM THE C A C I BELIEVE IT WAS TO THE TOWN BOARD.

SO WE HAVE READ IT INTO THE RECORD, BUT, UH, I DON'T UNDERSTAND WHY WE NEED TO EITHER OPINE ON IT OR INCLUDE IT IN OUR DISCUSSION WITH MR. STEINMAN.

I'M CURIOUS.

THE ANSWER IS WE DON'T EXCEPT IT WAS RECEIVED.

AND, UM, I WANTED TO MAKE, TO MAKE IT PART OF THE RECORD, BECAUSE WE WILL USE THE RECORD DOESN'T CLOSE TONIGHT.

AS I SAID, WE STILL HAVE A, A SUBDIVISION AND A SITE PLAN.

SITE PLAN TO DO SO.

THE TOWN HAS A SITE, TOWN BOARD HAS A SITE PLAN TO DO, WHICH I'LL SEND TO US A RECOMMENDATION.

AND WE HAVE A SUBDIVISION TO DO AFTER ALL THIS.

THIS IS JUST IMPROVING THE CD OVERLAY AT THIS POINT.

SO I AGREE WITH YOU.

I THINK THERE'S A LOT OF DETAIL IN THERE WE DON'T NEED TO ADDRESS.

I THINK THERE'S A COUPLE GENERAL COMMENTS, CONCEPTS IN THERE, HOWEVER, WHICH I DO THINK ARE CONSISTENT WITH WHAT WE'D LIKE TO RECOMMEND BACK AT LEAST I'D LIKE TO SEE RECOMMENDED BACK TO THE TOWN BOARD.

FIRST OF ALL.

UM, WHILE I DON'T THINK WE CAN DICTATE EXACTLY WHAT HEATING SYSTEM, UM, THEY USE IT ON, ON IN A PROPERTY, I DON'T THINK THAT'S APPROPRIATE.

WE CAN ENCOURAGE, AND I'D LIKE TO ENCOURAGE IN OUR RECOMMENDATION THAT THEY CONSIDER FINDING A SPACE ON THE PROPERTY TO PUT IN A RENEWABLE ENERGY SOURCE SOURCE TO HELP WITH THE ENERGY ON THE PROPERTY.

A RECOMMENDATION.

JUST A RECOMMENDATION.

THAT'S ONE.

TWO, UH, MR. SIMON HAD SUGGESTED SOMETHING, WHICH I THINK WE IS IMPORTANT AND IT IS IN THE RECOMMENDATION WE HAVE TONIGHT, WHICH IS AT LEAST SOME OF THE HOUSES, IF NOT ALL THE HOUSES ARE BUILT TO CONSIDER STAY IN PLACE A LIVING.

SO THAT, FOR EXAMPLE, THINGS LIKE FIRST FLOOR MASTER BEDROOMS IS A PERFECT EXAMPLE OF WHAT WOULD BE A STAY IN PLACE LIVING.

OKAY.

I THINK BOTH OF THOSE THINGS ARE EXTREMELY IMPORTANT, UH, GOING FORWARD.

AND THE THIRD ONE, AND I KNOW THAT THIS IS A BIT CONTROVERSIAL, I WOULD LIKE TO EXPRESS OUR DISAPPOINTMENT THAT THERE ARE, AND I UNDERSTAND WHY THERE AREN'T, THAT THERE ARE NO AFFORDABLE HOUSES IN HERE.

WE MISSED AN OPPORTUNITY TO PUT, UH, TO PUT 14 OR 15 AFFORDABLE UNITS ON THIS PIECE OF PROPERTY THAT UNFORTUNATELY WENT AWAY WITH

[00:25:01]

THE TOWNHOUSE AND WAS NOT PART OF THEIR PROPOSAL.

THAT TO ME IS A BIT DISAPPOINTING THAT WE HAVE NO, NO, UH, MEANS THEY'RE NOT REQUIRED TO UNDER THE LAW.

CAN'T FORCE IT UNDER THE LAW.

UH, I'M DISAPPOINTED THAT WE DIDN'T USE THIS OPPORTUNITY TO GET SOME AFFORDABLE HOUSING IN THERE.

SO THOSE ARE THE THREE POINTS THAT I, I BELIEVE ARE IN THE RECOMMENDATION.

UH, AARON CORRECT.

THAT'S RIGHT.

THAT WE'RE FORWARDING.

UM, I'D LOVE TO HEAR FROM ANYBODY ELSE IF ANY OTHER COMMENTS.

THE OTHER STUFF, AS I SAID, A LOT OF IT'S SITE PLAN.

OH, AARON, ONE OTHER THING I WANNA SAY IN TERMS OF WESTCHESTER LAND TRUST, I THINK THEY'VE BACKED OFF THAT BEING SPECIFIC.

I KNOW MR. STEINS, WE HAD THAT DISCUSSION AT THE LAST MEETING.

I THINK WE CAN USE LANGUAGE VERY SIMILAR TO THE ONE WE USED ON THE LAST ONE, THAT THERE'D BE SOMEBODY CHECKING ON THIS ON A ANNUAL BASIS FOR THREE YEARS.

I DON'T, WE DO THAT ALL THE TIME, RIGHT? YES.

THIS KIND OF THING WITH KIND OF BUFFER.

IT DOESN'T HAVE TO BE THE WESTCHESTER LYNN.

IT'S SOMETHING OF MUTUAL AGREEMENT BETWEEN THE HOMEOWNER, H O A AND AND YOUR OFFICE.

YEAH.

WE DO IT IN BUFFER AREAS.

WE DID IT AT AVALON ON THE MOHAWK, SO WE'VE CERTAINLY DONE IT MANY TIMES.

RIGHT.

SO I MEAN, THAT WOULD BE THAT.

I DON'T THINK IT NEEDS TO GO INTO RECOMMENDATION.

THAT'S A DETAIL FOR SITE PLAN.

MR. ANY OTHER COMMENTS? OH, GO AHEAD, MR. THOMAS.

I'M SORRY, GO AHEAD.

SO I, I'M, I'M, I, I KNOW I'M, WE'VE NOW BEEN JOINED BY OUR CLIENTS, UM, JONATHAN GREBE AND BRETT OWINGS.

UH, AND, UM, THEY MAY NOT HAVE, THEY HAVE NOT RECEIVED THE C A C COMMUNICATION.

I LITERALLY JUST, UM, FLIPPED IT TO JONATHAN AND BRETT AND JAMES CARIS.

I APPRECIATE YOU ALL READING IT INTO THE RECORD SO THAT JAMES AND I WERE ABLE TO HEAR IT ON THE FLY JUST NOW.

THAT'S RIGHT.

SO I'M GONNA JUST PRELIMINARILY REACT AND I DEFINITELY THINK THIS IS SOMETHING WE NEED TO KIND OF PUSH TO THE SIDE AND COME BACK TO.

SO MY FIRST COMMENT IS PROCEDURALLY WE'RE HERE TONIGHT IN CONNECTION WITH THE CD OVERLAY.

WE HAVE A PUBLIC HEARING ON THAT NEXT WEEK.

AS THE CHAIR INDICATED AT THE BEGINNING OF THE MEETING, IT WAS IN YOUR FINDINGS AS IN EFFECT, AN ALTERNATIVE RECOMMENDATION.

AND WE ARE PURSUING IT.

SO, UM, I THINK WE'RE ALL OF ONE MIND.

UM, THE APPLICANT, THE PLANNING BOARD AND THE C A C ALL AGREE THAT TO THE EXTENT THE TOWN BOARD DECLINED TO REZONE THE PROPERTY, UH, THIS IS A, A PRUDENT COURSE OF ACTION.

I'M GONNA START WITH YOUR LAST COMMENT.

UM, FIRST, AND THAT IS, UH, THE AFFORDABLE HOUSING.

I, I WANNA MAKE SURE EVERYBODY IS CLEAR AND THE RECORD IS CLEAR.

MY CLIENT WAS PREPARED TO VOLUNTARILY DO THAT.

I THINK YOU KNOW THAT MR. CHAIRMAN, UM, WE WERE READY, WILLING, AND ABLE TO GENERATE AFFORDABLE HOUSING UNITS IN CONNECTION WITH A SINGLE FAMILY, UH, PROJECT THAT, UM, YOU TALKING ABOUT TOWNHOUSES, NOT SINGLE FAMILY, I'M SORRY, A TOWNHOUSE, A MULTIFAMILY TOWNHOUSE PROJECT, THAT, THAT DID NOT REQUIRE, UH, ANY AFFORDABLE HOUSING.

SO IT WAS A MISSED OPPORTUNITY.

AND AS A RESULT OF THAT MISSED OPPORTUNITY, WE ARE NOW, IN OUR OPINION, TO BE TREATED LIKE ALL OTHER SINGLE FAMILY RESIDENTIAL SUBDIVISIONS IN THE TOWN.

WHICH KIND OF BRINGS ME TO THE BEGINNING OF THE MEMO, AND I APPRECIATE YOUR OPENING COMMENT, MR. CHAIRMAN.

THERE ARE SOME WONDERFUL LAUDABLE COMMENTS IN THE CA'S MEMO ABOUT SUSTAINABLE FEATURES THAT THEY'D LIKE TO SEE.

AND AGAIN, THEY'RE, THEY'RE, THEY'RE LAUDABLE COMMENTS, BUT THEY'RE NOT SOMETHING THAT WE BELIEVE THAT THE TOWN OF GREENBERG HAS THE LEGAL AUTHORITY TO MANDATE.

I THINK YOU SEEM TO INDICATE THAT WITH REGARD TO GEOTHERMAL.

I THINK THE SAME HOLDS TRUE FOR SOLAR ON THE ROOF, UH, OR, UM, THERE WAS ONE OTHER THING, AND I'M NOT LOOKING AT THE MEMO NOW.

CHARGING STATIONS IN THE HOUSE, UH, THE, THE ELECTRIC CHARGING STATIONS.

I THINK ALL OF THOSE THINGS WOULD BE WONDERFUL.

AND THEY'RE GONNA BE LEFT UP TO INDIVIDUAL HOMEOWNERS TO MAKE A DECISION LIKE ANY OTHER SINGLE FAMILY HOMEOWNER, UH, IN GREENBURG.

SHOULD THE BUILDER DECIDE AT THE TIME OF CONSTRUCTING THE HOMES TO OFFER THOSE AS OPTIONS, I THINK THEY COULD BE AVAILED, UH, BY, BY INDIVIDUAL HOMEOWNERS, JUST LIKE INDIVIDUAL HOMEOWNERS CAN DECIDE IF THEY LIKE GRANITE COUNTERTOPS OR FOR MICAH COUNTERTOPS.

UM, SO I WOULD SUGGEST BETWEEN NOW AND FINAL SUBDIVISION AND SITE PLAN APPROVAL, MR. FRIED, I'M, I'M REGISTERING MY CONCERN ON THE RECORD TONIGHT.

I DON'T THINK THE TOWN HAS THE LEGAL AUTHORITY.

UM, AND I WOULD COMMEND YOU TO ADVISE THE PLANNING BOARD AND THE TOWN BOARD THAT THEY CAN'T MANDATE THOSE THINGS.

ENCOURAGE THEM, RECOMMEND THEM ALL, ALL THINGS THAT YOU ABSOLUTELY I KNOW WILL DO.

UM, AND I THINK YOU CAN DO.

UM, SO HAVING SAID ALL OF THAT, THERE WILL BE OPEN, WE'VE TALKED ABOUT THE OPEN SPACE, BUT LET'S TRY TO PUT IT TO BED.

THERE WILL BE OPEN SPACE IN CONNECTION WITH THIS CD.

THERE WILL BE A HOMEOWNER'S ASSOCIATION IN CONNECTION WITH THIS CD PROJECT.

THERE WILL BE AN EASEMENT.

UM, AND THERE WILL BE DOCUMENTATION THAT WILL BE REVIEWED BY THE TOWN ATTORNEY'S OFFICE TO ENSURE THAT IT'LL BE ADEQUATELY MAINTAINED.

BUT THE H O A WILL BE RESPONSIBLE

[00:30:01]

AND UNDERSTAND WHAT IT NEEDS TO DO.

UM, I OPINED PREVIOUSLY, AND I STAND BY IT, WESTCHESTER LAND TRUST IS NOT GONNA STEP IN, IN THE ELMWOOD PRESERVE SUBDIVISION FOR THE SMALL DISCONNECTED AREAS OF OPEN SPACE AND STEWARD THAT PROPERTY THAT THAT OPEN SPACE IN ELMWOOD PRESERVE SHOULD BE TREATED JUST LIKE ALL OF THE OTHER OPEN.

MR. STEINERS, I THINK YOU PREACHING TO THE CONVERTED AND, AND I'D LIKE TO MOVE ON BECAUSE IF ENOUGH, THERE'S SO ELSE.

FAIR ENOUGH.

THEN I WOULD ASK THE, THEN I WOULD ASK THE PLANNING BOARD, TO THE EXTENT THAT IT'S READ THIS DOCUMENT INTO THE RECORD, AND TO THE EXTENT THAT THE TOWN MAY HAVE APPEARED TO HAVE DELEGATED AUTHORITY TO THE C A C I JUST ON I'S MEETING, KNOWING THAT THE, THE PLANNING BOARD UNDERSTANDS THE C A C CAN SAY WHAT IT WANTS, BUT IT'S NOT, IT'S A, NOT A LEGAL ACT OF THE TOWN OF GREENBURG.

THE CA WHAT THE C A C SAID IN PRINCIPLE.

LEMME JUST RESPOND WHAT YOU SAID.

FIRST OF ALL, I DON'T WANT TO CHANGE THE RECOMMENDATION WE ALREADY WROTE BASED ON THIS.

I THINK THE RE RECOMMENDATION WE ALREADY WROTE IS APPROPRIATE.

IT RECOMMENDS SOME OF THE THINGS THAT YOU SAY PROBABLY WON'T HAPPEN IN THIS PARTICULAR CASE.

IT DOESN'T REQUIRE THEM.

OKAY.

NOW THAT DOESN'T MEAN I DON'T WANT TO CHANGE THOSE LAWS AS WE GO FORWARD.

NO.

I'LL GIVE YOU AN EXAMPLE.

I'LL BE, I'LL BE, I'LL GO ON THE RECORD RIGHT NOW AS SAYING WE'VE GOTTA DO A MUCH BETTER JOB AS A TOWN, AS A COUNTY, AS A STATE, AS A COUNTRY IN, UH, AGGRESS BEING AGGRESSIVE ON, ON, ON CREATING OPPORTUNITIES FOR ALTERNATIVE ENERGY, FOR EXAMPLE.

AND, UM, ONE OF THE THINGS THAT I THINK WE SHOULD BE CONSIDERING GOING FORWARD IS REQUIRING IT ON THINGS LIKE COMMERCIAL BUILDINGS.

YOU'LL HEAR ABOUT THAT IN A, IN THE NEXT, IN THE NEXT APPLICATION.

OKAY.

AS WELL AS IN LARGE RESIDENTIAL DEVELOPMENTS.

I THINK IT SHOULD BE REQUIRING 'CAUSE THEY'RE GOING TO BE, BE NECESSARY.

I DON'T WANNA PUT IT ON EVERYBODY'S ROOF.

I WOULD'VE PERSONALLY, I WOULD'VE PREFERRED TAKING TWO ACRES OF, OF THAT GREEN SPACE AND PUTTING IN A SOLAR FARM.

THAT'S MY OPINION.

THAT'S JUST MY OPINION.

I HEAR YOU.

I CAN'T, WE CAN'T REQUIRE IT.

I THINK IT WOULD'VE BEEN THE RIGHT THING TO DO.

IT WOULD'VE BEEN PROGRESSIVE AND CONSISTENT WITH THE STATE'S MANDATE TO BE, YOU KNOW, OUT OF, OUT OF FOSSIL FUELS BY, BY THE, IN 30 YEARS, COMPLETELY OUT OF FOSSIL FUELS IN 30 YEARS.

WELL, TO GET THERE, YOU'RE GONNA HAVE TO FIND SOURCES OF ELECTRICITY.

AND AS WE GET RID OF NUCLEAR POWER PLANTS, JUST, THEY'RE NOT GONNA GROW ON TREES.

THAT'S MY, THAT'S MY POINT OF VIEW ON THAT.

ON AFFORDABLE HOUSING.

YOU KNOW, IT, I KNOW IT.

YOU'VE GONE ON A COMMISSION, ON A COMMISSION ON THIS.

UM, GOVERNOR HASCHEL IS REALLY PUSHING FOR CERTAIN THINGS THAT I AGREE WITH, CERTAIN THINGS I DON'T AGREE WITH.

BUT WE ALL KNOW, KNOW THAT THERE'S AN ISSUE WITH AFFORDABLE HOUSING IN GREENBURG WESTCHESTER COUNTY AND IN THE STATE IN GENERAL, EVEN UPSTATE.

THERE IS, IT NEEDS TO BE ADDRESSED IN A STRATEGIC MANNER, WHICH IS WHY THIS BOARD RECOMMENDED TO THE TOWN BOARD.

YES.

OKAY.

A COMMITTEE ON AFFORDABLE HOUSING AS WELL, BY THE WAY, AS A COMMITTEE ON RENEWABLE ENERGY.

BOTH OF THOSE RECOMMENDATIONS ARE WITH THE TOWN BOARD.

AND THAT'S WHAT IT NEEDS.

WE'RE REINFORCING IT IN THIS RECOMMENDATION.

WE KNOW WHAT THE LAW IS AND WHAT WE CAN REQUIRE AND WHAT WE CAN'T.

IF WE CAN ENCOURAGE IT AND SOMEONE WANTS TO BE PROGRESSIVE, THAT WOULD BE REALLY COOL.

THAT'S WHAT I'M SAYING, REALLY.

FAIR ENOUGH.

FAIR ENOUGH.

OKAY.

ONE, ONE OTHER COMMENT, MR. CHAIRMAN, JUST 'CAUSE SURE.

I, I BELIEVE JONATHAN MAY HAVE JOINED RIGHT AFTER THIS WAS STATED.

WHILE WE, I TOTALLY APPRECIATE WALTER'S COMMENT ABOUT FIRST FLOOR MASTERS AND TRYING TO SET UP THE AGING IN PLACE.

I JUST WANNA, I REALLY WANT TO SPEAK TO HIM ON THAT.

WE, WALTER, REMEMBER WE TRIED DESPERATELY FOR FOUR YEARS TO DO AN ACTIVE ADULT PROJECT THAT WOULD'VE YIELDED PLENTY OF SENIOR ORIENTED HOUSING UNITS THAT WAS REJECTED RESOUNDINGLY BY THE TOWN BOARD AS A RESULT OF WHICH I, THE PLANNING BOARD CANNOT MANDATE THAT EVERY SINGLE HOUSING UNIT IN THIS PROJECT HAVE A FIRST FLOOR MASTER.

I THINK IT'S FAIR TO ASSUME THERE WILL BE SOME, BUT THE PLANNING BOARD CAN'T MANDATE IT.

AND MY CLIENT CAN'T TELL YOU THAT THAT'S GONNA HAPPEN ANY MORE THAN ANY OTHER RESIDENTIAL SUBDIVISION IN GREENBURG HAS ALL FIRST FLOOR MASTERS.

UM, SO I HOPE THERE ARE, I'M FAIRLY CERTAIN, GIVEN, GIVEN THE AREA WHERE THIS IS GOING TO BE BUILT AND THE SITUATION, IT PROBABLY LENDS ITSELF TO THAT.

THE TOWN BOARD REALLY COULD HAVE ENDORSED ACTIVE ADULT HOUSING, WHICH YOU DON'T HAVE IN YOUR COMMUNITY.

YOU ALL CHOSE, NOT YOU.

THE TOWN BOARD CHOSE NOT TO DO THAT.

SO WE'RE, WE'RE BACK TO AN A, WE'RE BACK TO A ZONING COMPLIANT CD OVERLAY, RESIDENTIAL SINGLE FAMILY SUBDIVISION.

AND THAT, THAT'S WHAT THE TOWN WANTED.

IT WANTED SCHOOL CHILDREN, SCHOOL BUSES, AND SINGLE FAMILY HOUSES.

YEAH.

AND, AND

[00:35:01]

I FULLY APPRECIATE YOUR COMMENTS AND, AND THE, THE ROLE I SEE, AND I FULLY UNDERSTAND, THERE ARE THINGS THAT WE, THE PLANNING BOARD CANNOT MANDATE BECAUSE IT ISN'T IN THE CODE.

BUT I SEE AS OUR GOAL IS TO REALLY PUSH AND, AND, AND ENCOURAGE THE TOWN BOARD TO HAVE THE APPROPRIATE CODES IN PLACE SO WE COULD ADDRESS AFFORDABLE HOUSING.

WE COULD ADDRESS A NEW OR RENEWABLE ENERGY.

WE CAN ADDRESS AGENT IN PLACE BECAUSE THESE ARE NEEDS THAT ARE DEFINITELY, UH, UH, REQUIRED IN OUR TOWN.

SO I FULLY UNDERSTAND WE CAN'T MEND IT, BUT I WOULD HOPE THAT YOU WILL TAKE THE LEAD OF WHAT SOME OF THE THINGS THE CHAIR JUST EXPRESS IN THE TERMS OF, IN THAT, UH, OPEN SPACE.

TAKE SOME, MAYBE THAT'LL BE APPROPRIATE PLACE TO PUT A, A SOLAR FARM THAT WOULD BE NICELY, UH, UH, UH, UH, UH, WITH TREES AROUND IT AND IT WILL BLEND INTO COMMUNITY.

JUST TO START THINKING LIKE THAT.

YOU KNOW, I SAY, SO JUST TO BE PROACTIVE, BY THE WAY EVERYBODY RAISE THEIR HAND BEFORE YOU TALK.

SORRY, JONATHAN, GO AHEAD.

SO ALL THE THINGS YOU SAY, I, I, I JUST GOT TO FOLLOW ON WHAT, WHAT DAVID SAID.

ALL THE THINGS YOU SAY ARE GREAT.

THEY'RE ALL PIE IN THE, THEY'RE ALL PIE IN THE SKY WITH YOUR CUR YOUR CURRENT TOWN BOARD.

BUT PLEASE STOP, DON'T ASK.

I WE CAN TALK ABOUT 'EM ALL YOU WANT, BUT AT THIS POINT IN TIME, I'VE SPENT FIVE YEARS TRYING TO BE PROGRESSIVE IN YOUR TOWN.

AND I GOT SHOT DOWN AT THE LAST MOMENT.

I GOT SHOT DOWN ON BEING PROGRESSIVE, AFFORDABLE HOUSING, RENEWABLE ENERGY TOWNHOUSES, ACTIVE ADULT AGING IN PLACE, PARKS, BUILDING THEM, GIVING THEM WHATEVER IT IS.

AND I GOT SHOT DOWN BECAUSE THE POLITICAL WINDS OR THE COMMENTS, WHATEVER, THEY CAME, IT WAS BLOWING THE WRONG WAY AT THE WRONG MOMENT.

AND I SPENT FIVE YEARS TRYING, HOLD ON, MR. FREE, JUST LET, JUST, LEMME FINISH ONE SECOND.

I SPENT FIVE YEARS TRYING TO DO WHAT I THOUGHT WAS THE BEST PLAN, A GREAT PLAN.

AND THEY SAID NO.

SO PLEASE, WE COULD TALK ABOUT ALL THESE THINGS, BUT FRANKLY, WE'RE ALL YOU AS MUCH AS I WANT TO MAKE A GREAT PLAN, I HATE TO SAY IT, BUT IT'S A WASTE OF TIME IN TERMS OF ALL YOUR GREAT IDEAS, BECAUSE I WASN'T ALLOWED TO DO 'EM.

JUST LIKE I'M APPROACHED MONTHLY ABOUT SOLAR IN MY PROJECTS.

I HAVE CALLS EVERY MONTH FROM SOLAR COMPANIES.

BUT IF I TRIED TO PUT A SOLAR, IF I TRIED TO PUT SOLAR PANELS IN THAT OPEN SPACE, IT'S NOT ALLOWED BY CODE.

I CAN'T DO THAT.

IT'LL BE NOT CONSIDERED OPEN SPACE.

IT'LL BE TOO CLOSE TO A BUILDING.

IT WON'T BE THE RIGHT THIS, IT WON'T BE THE RIGHT THAT.

AND UNFORTUNATELY, THAT SHIP HAS SAILED AND WE'RE HERE IN FRONT OF YOU WITH 113 SINGLES AND THAT'S WHAT YOU'RE GONNA GET.

UM, DA DAVID, ONE SECOND.

FIRST OF ALL, NO ONE IS SAYING WE'RE SLOWING THIS PROJECT DOWN.

I KNOW.

OKAY.

LET'S NOT CHARACTERIZE IT THAT WAY.

OUR JOB IS TO DO WHAT WE THINK IS GONNA BE RIGHT AND PUSH FORWARD.

AND THIS BOARD FOR THE RECORD WROTE WAS RESPONSIBLE FOR WRITING THE, THE MOST COMPREHENSIVE BATTERY STORAGE, UH, LAW IN THE STATE OF NEW YORK.

NOT TO MENTION WITH THE HELP, HELP OF MR. STEINMETZ SIGNIFICANTLY IMPROVING ON A LAW THAT NEEDED HELP FOR ASSISTED LIVING AND, AND CONTINUED CARE FACILITIES.

SO WE DO MAKE A DIFFERENCE IN EVERY OPPORTUNITY THAT WE HAVE TO MENTION IT.

WE DO, THIS IS A POSITIVE RECOMMENDATION FROM OUR BOARD.

SO TAKE IT AS SUCH.

THAT DOESN'T MEAN WE'RE NOT GONNA RECOMMEND OUR DISAPPOINTMENT.

LIKE YOU ARE DISAPPOINTED AND THAT WE DIDN'T GET WHAT WE RECOMMENDED EITHER ON THIS, THIS PROJECT.

REMEMBER THAT? I THINK WHAT JONATHAN'S, JONATHAN'S SAYING, HUGH, I THINK THINK WE WISH THE PLANNING BOARD WAS THE TOWN BOARD ON THIS APPLICATION.

WELL, WE'RE NOT, WE DON'T WANNA RUN FOR THE TOWN BOARD, BUT WE'LL THANK YOU FOR THE THAT VOTE OF CONFIDENCE MR. FREE THEN MR. GOLD.

OKAY.

I, I APPRECIATE DAVID AND JONATHAN'S VENTING ON THIS.

UM, AND, UH, YOU KNOW, WE'RE WE, WE, WE'VE GONE ALL THE WAY OUT INTO LEFT FIELD.

THIS IS A C A C RECOMMENDATION.

WE WANT YOU TO BE AWARE OF IT, BUT THE RE UH, YOU KNOW, THE FIRST THING THAT WAS READ IN, BUT THERE'S A RECOMMENDATION, WHICH IS SHORT STREET TO THE POINT.

IT HAS WHAT THE BOARD HAS, UH, INDICATED.

IT WANTS YOU TO FOCUS ON IT.

YOU ARE AWARE OF IT.

I DON'T THINK WE NEED FURTHER DISCUSSION ON THAT.

YOU'RE AWARE OF WHAT THE INTERESTS ARE.

THEY HAVE BEEN, UH, MENTIONED NUMEROUS TIMES IN EARLIER

[00:40:01]

VERSIONS OF THE PROJECT.

AND GOING FORWARD AS IT GETS TO SITE PLAN SUBDIVISION, IF SOME OF THOSE THINGS ARE INCORPORATED, I THINK THE BOARD WILL, UH, FEEL THAT YOU'VE BEEN RESPONSIVE TO, UH, SO NOTED, SO NOTED AFTER FOUR AND A HALF YEARS, A LITTLE VENTING IS NECESSARY.

LITTLE VENT.

SORRY, I, I APPRECIATE IT GUYS.

YOU'VE GOT A FULL SCHEDULE MR. GOLDER? YEAH.

J JUST ONE COMMENT ON THE MASTER BEDROOM ON THE FIRST FLOOR.

I, I UNDERSTAND THAT MAYBE YOU CAN'T DO IT IN MOST OR ALL OF THE HOUSES, BUT THE ONE THING YOU CAN DO IS MAKE SURE YOU DESIGN THE STAIRWAY UP TO THE SECOND FLOOR TO ACCOMMODATE ONE OF THOSE LIFTS.

BECAUSE, YOU KNOW, FOR PEOPLE WHO CAN'T WALK UPSTAIRS, IF THEY HAVE ONE OF THOSE ELECTRIC LIFTS THAT'LL TAKE THEM UP TO THE SECOND FLOOR, THAT SOLVES 90% OF THE PROBLEMS. AND THAT'S SOMETHING WE CAN ADDRESS WHEN WE, WHEN IT COMES BACK AND WE'LL, WE'LL ADDRESS, WE CAN ADDRESS THAT, THAT, OR THEY CAN THINK ABOUT IT.

YOU DON'T NEED TO ANSWER TONIGHT, JONATHAN.

I DON'T WANT TO HEAR ABOUT IT TONIGHT.

I WANNA MOVE ON.

ARE THERE ANY OTHER, ARE THERE ANY COMMENTS ON THE RECOMMENDATION ITSELF THAT WE'VE MADE? IF NOT, I WILL ENTERTAIN A MOTION TO ACCEPT THE RECOMMENDATION AS WRITTEN.

WAIT, WAIT, WAIT.

THE, IN THE VERY LAST PARAGRAPH OF THE RECOMMENDATION OR THE REPORT.

OKAY.

THIS IS, UM, THIS IS THE RECOMMENDATION.

OKAY.

THERE WAS A, UH, WELL, MAYBE IT'S IN THE REPORT.

OKAY.

MY COMMENT IS IN THE REPORT, BUT BASICALLY TO REITERATE, WALTER, WE CAN'T HEAR YOU WELL, WAS BASICALLY TO REITERATE, UH, UH, I THINK IT'S IN THE REPORT IT SAID THAT, UH, THAT, UH, THE TOWN DECIDED TO GO TO THE SINGLE FAMILY HOUSING AND THEREFORE, YOU KNOW, WE'RE MAKING THIS RECOMMENDATION.

I THINK THERE'S A OPPORTUNITY TO AGAIN, SAY CONTRARY TO THE, UH, THE PLANNING BOARD'S, UH, RECOMMENDATION THE TOWN DECIDED TO WHATEVER.

BUT I THINK WE NEED TO EMPHASIZE THAT IN OUR REPORT THAT, UH, UH, UH, WE WERE FOR, UM, UH, THE AFFORDABLE HOUSING AND MAKE IT CLEAR THAT WE ARE MAKING A RECOMMENDATION ON THIS REPORT ON THE 113 HOMES BECAUSE OUR RECOMMENDATION WAS REJECTED.

SO I, I THINK THAT'S UN HEL I, WALTER, I I HAVE TO JUMP IN.

I REALLY THINK THAT'S UNHELPFUL.

UM, THE, THE TOWN BOARD MADE THE DETERMINATION.

UH, WE HAVE TO LIVE WITH THAT, RIGHT? I THINK WE SHOULD DO THAT TOO.

DO ME A FAVOR, EVERYBODY PLEASE YOU.

BUT THE POINT IS, EXCUSE ME.

EXCUSE ME.

STOP.

OKAY.

WE'RE GETTING TO THE POINT WE'RE DOING BACK AND FORTH WITHOUT RAISING HANDS AND WE'RE NOT GONNA HAVE THAT.

THE REASON WE GET DONE IN TIME IS PEOPLE, PEOPLE STAY DISCIPLINED.

SO LET'S DO THAT.

MR. SIMON, WHAT WERE YOU GONNA SAY, WALTER? YES.

WHAT DID YOU WANT TO RESPOND TO DAVID? IT'S, IT'S IN, UM, IT, OKAY.

I JUST FOUND, I, I JUST FOUND THAT IT'S IN, UM, I GUESS IT'S IN THE LAW.

UH, I SEE IT'S A PRESERVE ZONING OF MAP, UH, A AMEND.

OKAY.

OH, IS THAT THE, UH, DATED JULY 7TH OR JULY 6TH.

JULY 6TH.

AND THE LAST PARAGRAPH SAID THE PLAINTIFF BOARD IN ITS SECRET FINDINGS STATEMENT ISSUED ON APRIL SIX, TWO, UH, 2022 RECOMMENDED IF THE TOWN BOARD, UH, IF THE TOWN BOARD, UH, SELECTED A ONE FAMILY SUBDIVISION.

SO IF THE TOWN BOARD AND I HAD YES.

DID NOT SELECT THE PLANNING BOARD'S, UH, PREFERENCE FOR COST AND HOUSING, A ONE FAMILY SUBDIVISION.

AND I DON'T THINK THAT'S, UH, AN OBNOXIOUS OR I, I HAVE ANOTHER WAY.

WALTER, CAN I MAKE IT A SUGGESTION THAT KIND OF IS IN BETWEEN? YES.

OKAY.

ON APRIL 8TH, WE SAID IF THE TOWN BOARD REJECTED OUR RECOMMENDATION OF OPTION H, WHICH WAS THE TOWNHOUSES.

YEAH, YEAH.

THEN OUR BACKUP WAS A CD OVERLAY ON THIS OPTION.

RIGHT? THAT IS, THAT I THINK IS A LITTLE SOFTER, BUT SAYS THE SAME.

OKAY, THAT'S FINE.

THAT'S FINE.

OKAY.

THAT'S FINE.

THAT'S FINE.

YES.

GOOD.

OKAY.

CAN I HAVE A VOTE ON THE RECOMMENDATION PLEASE? THEN OUR MOTION TO, UH, APPROVE THE RECOMMENDATION.

SO MOVED.

SECOND, UH, JOHANN, CAN I HAVE A SECOND? SECOND.

MR. HAY? ALL IN FAVOR? AYE.

ASD AS AMENDED, BY THE WAY.

[00:45:01]

UH, THE AYE THE RECOMMENDATION IS AS IS THE REPORT IS CHANGING JUST FOR THE RECORD.

OKAY.

RIGHT.

DID, DID YOU AARON, IN THE REPORT ADD THOSE THREE BULLET POINTS TOO? I DID.

OKAY.

BECAUSE I DIDN'T SEE THAT.

OKAY.

I REVIEWED THOSE WITH DAVID.

OKAY.

DO WE NEED TO ALSO MAKE A MOVEMENT, UH, MOTION TO ACCEPT THE REPORT AS AMENDED? I HAVE A MOTION.

MR. DESAI MOVES.

CAN I HAVE A SECOND? SECOND.

I SECOND.

SECOND.

ALL IN FAVOR? AYE.

AYE.

ALL OPPOSED? ABSTENTIONS.

MOTION CARRIES.

WE'RE DONE.

OKAY.

SO POSITIVE RECOMMENDATION GOING BACK MR. DIAMONDS TO THE, UH, WE, WE APPRECIATE IT AND THANK YOU FOR DOING IT IN ADVANCE OF THE PUBLIC HEARING.

IS THERE ANYTHING ELSE, MR. CHAIRMAN, THAT YOU WANNA COVER WITH US WITH REGARD TO THE SUBDIVISION? ANY OF THE DETAILS ON THE SUBDIVISION OR NO, NOT AT THIS POINT.

NO.

I THINK, THINK WE ALL HAVE PLENTY OF TIME TO DO THAT WHEN, WHEN IT COMES BACK TO US OF SITE PLAN REVIEW AND, AND SUBDIVISION.

JUST IF THERE ANY LITTLE DETAILS AND THINGS LIKE THAT AND SOME OF THE, WE CAN EVEN DISCUSS SOME OF THE STUFF IN THE CAC AT THAT POINT ABOUT, YOU KNOW, I HOW MUCH LAWN YOU HAVE IN THE BACK, IF THAT'S SOMETHING YOU WANT TO CONSIDER OR NOT, BUT NOT, NOT TONIGHT.

OKAY.

THANK YOU ALL.

THANK YOU.

THANK, THANK YOU GUYS.

THANK YOU, JONATHAN.

THANKS.

HAVE A GREAT NIGHT.

HAVE A GOOD NIGHT.

GOOD NIGHT, EVERYBODY.

OKAY.

ALL RIGHT.

WE'RE RIGHT ABOUT ON SCHEDULE DESPITE THAT ONE.

GOING A LITTLE BIT OVER, UM, MIDWAY IS OUR NEXT ONE.

NOW THIS ONE, UM, NO.

IS THAT MIDWAY? NO.

YES.

I THINK WE WERE GONNA DO THE ADULT USE CANNABIS? OH, I'M SORRY.

DO CANNABIS USE CANNABIS, ISN'T IT? I APOLOGIZE, MR. SIMON, PLEASE, EVERYBODY.

THIS IS A HAND USE IT, PLEASE.

IT JUST GETS OUTTA CONTROL AND WE DON'T OKAY.

THE NEXT CASE IS, BUT THANK YOU FOR CORRECTING ME, MR. SIMON CASE TB 2202, UH, CHAPTER 85, WHICH IS ADULT USE CA CANNABIS.

WE'VE SEEN THIS A COUPLE OF TIMES.

UH, WE'VE HAD LOTS OF DISCUSSIONS ABOUT IT.

WE HAD SOMEONE, UM, THAT LESLIE BROUGHT TO US TO GO THROUGH SOME OF IT, SOME OF THIS WITH US TO GIVE US SOME LEARNING.

WE DID GET A C A C NOTE THAT WE'LL JUST PLACE IN THE PUBLIC RECORD.

I DON'T THINK I WANNA READ IT TONIGHT.

I DON'T KNOW KNOW IF I HAD A CHANCE TO READ IT, BUT IT'S NOT DISSIMILAR TO WHAT WE WERE SAYING ANYWAY.

SO I I DON'T SEE A REASON TO ACTUALLY READ IT INTO THE RECORD.

JUST, I, I JUST WANNA, I WANNA PLACE IT IN THE RECORD, MR. SCHMIDT.

OKAY.

OKAY.

PLACE IT IN THE RECORD.

AND IF YOU HAVEN'T HAD A CHANCE TO READ IT, YOU SHOULD READ IT.

UM, I, WE NEED TO BREAK THIS UP INTO TWO PARTS.

ONE PART I THINK IS SIMPLER THAN THE OTHER ONE OF THE DISPENSARIES, UM, BEING ALL THE RECREATIONAL AND THE MEDICAL, AND THERE'S A REASON THEY NEED, YOU HAVE TO LOOK AT BOTH OF THEM AND, AND GARRETT, I THINK YOU CAN EXPLAIN WHY THAT MAY BE GIVEN WHAT MAY HAPPEN GOING FORWARD OF WHY WE WANNA LOOK AT BOTH OF THOSE AND POSSIBLY MAKE A SECONDARY RECOMMENDATION ON MEDICAL.

OKAY.

AND THE SECOND PART OF THIS, I WANT TO TALK ABOUT GROWING AND, AND PROCESSING SEPARATELY, BECAUSE THERE'S A, THERE ARE ISSUES THAT I THINK ARE GONNA TAKE A WHILE FOR US TO GO THROUGH THERE.

SO GARY, UM, AS YOU KNOW, THIS BOARD IS RECOMMENDING THAT, AND YOU'VE DONE A VERY GOOD JOB OF OUTLINING WHERE IT COULD BE PUT IN, IN THE REVISED RECOMMENDATION.

IS RECOMMENDING THAT THIS BE ALLOWED IN VIRTUALLY ANY RETAIL AREA IN THE TOWN, UH, WITH THE PROVISO SO THEY CAN'T BE NEAR A SCHOOL AND ALL THE OTHER THINGS LIKE THAT? UM, I THINK THE ISSUE IS THE REASONS FOR THAT.

I THINK WERE BROUGHT UP BY BOTH, UH, LESLIE AND JOHANN, I THINK EXCEPTIONALLY WELL AT OUR, EITHER OUR LAST MEETING OF THE MEETING BEFORE, WHICH SAID, FROM A SECURITY POINT OF VIEW, FROM A POINT OF VIEW, THIS BEING A LEGITIMATE BUSINESS, IT DOESN'T MAKE SENSE TO PUT IT IN AN ISOLATED AREA OF TOWN.

AND IT'S ALSO BAD FOR THE TOWN.

AND THE FACT THAT YOU DON'T PUT ANY IN A COMMERCIAL AREA IN ELMSFORD, WHITE PLAINS AND YONKERS DO, WE'RE GONNA LOSE A LOT OF BUSINESS AND TAX DOLLARS.

SO IT MAKES SENSE TO PUT IT IN THE RETAIL AREAS.

BUT THE PART ABOUT THE STIGMA AND THE SECURITY, WHICH IS BROUGHT UP BY LESLIE AND JOHANN, I THINK ARE CRITICAL TO THAT ARGUMENT.

I REALLY DO.

AND I WANT TO GO ON RECORD THANKING THE TWO OF THEM FOR CONTRIBUTING THAT INFORMATION THE LAST TIME.

GARRETT.

UM, HOWEVER, WE ALSO KNOW THAT THE ENVIRONMENT, WE'RE NOT SURE THAT A RECOMMENDATION OF PUTTING IN ALL THESE ZONES WILL PASS BECAUSE IT'S PRETTY CONTROVERSIAL IN A LOT OF PARTS OF TOWN.

[00:50:01]

THERE'S A LOT OF, NOT, NOT MY BACKYARD, UH, DISCUSSIONS, I THINK IN SOME OF THE COMMUNITIES THAT MAY KEEP THAT RECOMMENDATION FROM GOING FORWARD.

SO YESTERDAY YOU SUGGESTED ON A MEETING THAT WE, WE TREAT, UH, RESIDENTIAL, I'M SORRY, RECREATIONAL AND MEDICAL DIFFERENTLY.

DO YOU WANNA EXPLAIN YOUR THOUGHTS ON THAT, PLEASE? YES, SURE.

UM, RIGHT, SO THE PLANNING BOARD LAID OUT THE RATIONALE FOR, UM, THE REASON WHY IT FEELS THAT THE RETAIL AND MEDICAL DISPENSARY SHOULD BE EXPANDED BEYOND JUST THE, THE, THE, UH, UH, PD DISTRICT, WHICH IS WHAT THE, THE LOCAL LAW STATES, UH, FOR THE REASONS, UH, CHAIRPERSON SCHWARTZ JUST IDENTIFIED.

UM, SO WE, WE'VE SORT OF STARTED PULLING TOGETHER THAT RATIONALE, BUILDING THE, THE BUILDING BLOCKS OF, OF A RECOMMENDATION OF A PLANNING BOARD.

UM, AND SPECIFICALLY, UH, I'M GOING TO SHARE SCREEN NOW.

AND WHAT WE'VE DONE IS WE HAVE A BULLET HERE THAT GOES THROUGH SEVERAL OF THE POINTS THAT, THAT THE CHAIRMAN JUST MADE.

UM, AND ULTIMATELY THIS SECOND BULLET MAKES A RECOMMENDATION, AND THERE'S TWO PARTS TO IT, BUT I'LL KEEP IT HERE FOR A BIT.

BUT THE SECOND BULLET SPECIFIES, UM, UM, ADDING RECREATIONAL AND MEDICAL DISPENSARIES ALSO TO THE CA, THE C B D SS, I B L O B AND OB DISTRICTS BY SPECIAL PERMIT.

BUT USING ALL THOSE SAME CRITERIA THAT WERE ESTABLISHED IN THE EXISTING LOCAL LAW AS, AS A POTENTIAL RECOMMENDATION OF THE PLANNING BOARD.

AND AS THE CHAIRMAN MENTIONED, UM, YOU KNOW, THAT, THAT, THAT THAT RECOMMENDATION, UM, MAY NOT BE, UH, FOLLOWED THROUGH ON IF, IF, IF THE TOWN BOARD SO CHOOSES TO, UM, CONTINUE WITH THE LOCAL LAW AS IS.

UM, BUT YOU KNOW, I, IN DISCUSSIONS THERE WAS THOUGHT THAT, UM, IF THAT IS INDEED THE CASE TO POTENTIALLY HAVE THE TOWN BOARD CONSIDER REC, UH, I'M SORRY, MEDICAL DISPENSARIES AS SORT OF LIKE A SPECIAL, UH, STATUS, IF YOU WILL.

AND, UM, AND I'M JUST GONNA RECITE HERE, UH, WHAT, WHAT WE'VE SORT OF LAID OUT AS A POTENTIAL CONSIDERATION OF THE PLANNING BOARD.

SO SHOULD THE TOWN BOARD OPT TO NOT FOLLOW THIS RECOMMENDATION, MEANING BROADENING THE ZONING DISTRICTS FOR BOTH RECREATIONAL AND, UM, AND MEDICAL? SO, UM, SHOULD THE TOWN BOARD OPT NOT TO FOLLOW THIS RECOMMENDATION? THE PLANNING BOARD FURTHER REQUESTS SPECIAL CONSIDERATION OF THE TOWN BOARD TO, AT A MINIMUM, ALLOW MEDICAL DISPENSARIES BY SPECIAL PERMIT USING THAT SAME CRITERIA ESTABLISHED FOR THESE USES IN THE PD DISTRICT IN THE CA, C B D SS, IB AND L L L O B AND OB DISTRICTS.

AND THE, THE RATIONALE FOR LIKE THIS, THIS SORT OF SPECIAL STATUS FOR, UH, IN DISTINGUISHING, UM, MEDICAL WOULD BE THAT, YOU KNOW, YOU FEEL THAT IT'S BURDENSOME, BURDENSOME FOR THOSE WITH SPECIAL MEDICAL NEEDS TO ONLY HAVE ACCESS IN THE TOWN TO, TO ONE OF THESE BUSINESSES IN THE PD DISTRICT.

SO MEANING YOU HAVE SEVERE MEDICAL ISSUES, YOU LIVE WAY IN THE, UH, SOUTHERN PORTION OF THE TOWN, UM, PERHAPS YOU DON'T HAVE A VEHICLE YOU RELY ON EITHER A BUS OR, UM, YOU KNOW, UBER OR TAXI OR SOMETHING LIKE THAT.

IT COULD BE BE BURDENSOME TO, UM, YOU KNOW, HAVE TO GO SOMEWHERE WHERE POTENTIALLY YOU COULD EVEN WALK TO.

UM, SO I THINK THAT THAT ENCAPSULATES, UM, A POTENTIAL, UM, SORT OF HYBRID RECOMMENDATION OF THE PLANNING BOARD THAT, YOU KNOW, ON, ON THE FIRSTHAND MAKES THAT FULL ON RECOMMENDATION FOR THE RECREATIONAL MEDICAL AND ALL THESE ZONES.

BUT THEN CARVES OUT A SORT OF A HYPOTHETICAL IF THE TOWN BOARD SAYS, YOU KNOW, ABSOLUTELY NOT, YOU KNOW, WE'RE NOT GONNA DO THAT.

IF THAT'S THE CASE, THEN WOULD YOU, WOULD YOU INDEED CONSIDER A SPECIAL STATUS FOR THE, UH, MEDICAL? SO, UM, IF THERE'S ANY, ANY QUESTIONS, YOU KNOW, OF COURSE I'D BE HAPPY TO ANSWER.

OKAY.

I TAKE THAT DOES, I CAN SEE THE WHOLE SCREEN, GARRETT.

YES, PLEASE.

AND DOES ANYBODY HAVE ANY QUESTIONS OR COMMENTS ON THIS PART OF THE RECOMMENDATION AT THIS POINT? YEAH, I DO.

UM, OKAY.

AGAIN, HANDS PLEASE.

OKAY, GO AHEAD, WALTER, THEN CORRECT.

I THINK WAS NEXT, YES, IF, AND MICHAEL.

OKAY.

WALTER GRITT.

MICHAEL, GO AHEAD, WALTER.

ONCE YOU PUT CANNABIS IN THE MEDICAL, UH, CATEGORY, THEN IT SHOULD BE TREATED LIKE YOU WOULD DO ANY, UH, PRESCRIBED, UH, DRUG.

SO I DON'T SEE THE DIFFERENCE BETWEEN MEDICAL MARIJUANA PRESCRIPTION AND A PRESCRIPTION FOR ANY OTHER DRUG.

SO I THINK IN TERMS OF WHERE WE LOCATE MEDICAL MARIJUANA, I THINK IT SHOULD BE IN ALL DISTRICTS FOR MEDICAL MARIJUANA BECAUSE IT IS A PHARMACEUTICAL.

OKAY, GOOD

[00:55:01]

COMMENT.

THAT SO I, I DON'T DISAGREE.

AND, AND, AND JUST REALLY QUICKLY, THAT IS ESSENTIALLY WHAT YOU'RE RECOMMENDING, UM, AND YOU'RE BASICALLY SAYING, UH, WELL IF, OKAY, SO I, I FOLLOW YOU.

OKAY.

LET'S LEAVE IT AT THAT.

I FOLLOW YOU .

WELL, WELL I THINK YOU KNOW WHAT YOU COULD DO, GARY, YOU COULD ACTUALLY WORK THAT RATIONALE INTO THAT PART OF THE RECOMMENDATION.

I THINK.

'CAUSE WHAT WALTER IS SAYING, I THINK IS OUTSTANDING AND, YOU KNOW, ABSOLUTELY TRUE.

AND GIVES YOU A VERY GOOD RATIONALE FOR IT OKAY.

FOR DOING THAT.

OKAY.

I STILL THINK IT SHOULD BE BY SPECIAL PERMIT.

'CAUSE WE DON'T KNOW WHAT THE IMPACT IS GONNA BE, BUT, BUT IN TERMS OF WHERE IT COULD GO, I THINK THAT'S, THAT'S GOOD.

CORRECT.

YOU WERE NEXT.

AND THEN MICHAEL, UH, I HAVE A QUESTION IN COMMON, UH, QUESTION THERE.

WHAT IS THE OFFICE OF CANIS? CANIS MANAGEMENT AND CONTROL BOARD? YOU SAID? UH, WHAT IS THAT OFFICE? YEAH.

IS IT THE STATE? SO IT'S A NEW YORK STATE ESTABLISHED OFFICE THAT WILL CONTROL THE DISPENSING OF, UH, LICENSES FOR ALL ASPECTS OF CANNABIS USES, WHETHER IT'S, UM, MEDICAL DISPENSARY, RECREATIONAL DISPENSARY, OR SOME OF THE OTHER ANCILLARY USES THAT WE DISCUSSED, SUCH AS PROCESSING, UH, CULTIVATION AND, AND SO ON.

OKAY.

SO THE STATE HAS A CONTROL OF LICENSING, LIKE SIMILAR TO WHAT WALTER SAID REGARDING THE, UH, UH, SOMEBODY WANTS TO HAVE A PHARMACY, SO THEY NEED A LICENSE TO OPEN UP PHARMACY AND RUN THE PHARMACY.

SO WHY IT IS NOT TREATED SIMILARLY OR LIKE, SAY C V SS WANTS TO DISPENSE MEDICAL MARIJUANA.

HOW YOU GONNA, HOW ARE YOU GONNA CONTROL S SO I, I'LL, I'LL, I'LL DEFER TO DAVID.

I MEAN, I, DAVID, GO AHEAD.

THE ONE QUESTION I WOULD HAVE THOUGH IS I DON'T KNOW THAT A C V SS NEEDS A LICENSE, UM, ABSENT, YOU KNOW, THIS CANNABIS DISCUSSION TO OPEN UP FROM NEW YORK STATE, BUT, UH, I'M, I'M NOT ENTIRELY SURE ON THAT, BUT I'LL, SORRY, GO AHEAD, DAVID.

WHETHER WE LIKE IT OR NOT, THE, UH, CANNABIS IS GONNA BE TREATED, UM, THROUGH THE, UM, CANNABIS BOARD, UH, NEW YORK STATE.

SO WE, SO WHILE FROM ZONING PURPOSES, AS WALTER SUGGESTED, WE CAN MAKE IT, UH, PREFERABLE OR ALLOW IT IN CERTAIN AREAS.

ULTIMATELY, THE DETERMINATION AS TO WHERE, UM, ANY OF THESE, UM, LICENSED FACILITIES ARE, GOES WITH THE STATE.

UM, AND THAT MEANS THAT THE STATE CAN, WITH SOME INPUT FROM THE TOWN, INDICATE THAT THEY'RE GOING TO PUT SOME, YOU KNOW, ONE, TWO, OR THREE IN TOWN, OR THEY MAY DECIDE, UH, THAT FOR WHATEVER REASON, DEPENDING ON WHO THE APPLICANTS ARE, THAT NONE COME INTO THE TOWN, UH, THEY'RE THE SOLE, UM, AGENCY THAT DETERMINES WHERE WITHIN THE REALM OF WHAT THE ZONING ALLOWS FOR A TOWN WHERE THESE LICENSED FACILITIES GO.

LIKE A LIQUOR STORE THAT'S .

EXACTLY.

I WAS, YOU I WAS JUST ABOUT TO SAY LIKE A LIQUOR STORE, WHICH WE FOUND IN CERTAIN, UH, CASES WHERE A TOWN WAS READY MIGHT BE READY, WILLING, AND A ABLE TO PUT IT.

AND THE STATE LIQUOR AUTHORITY SAID, NOPE, NO LICENSE FOR THEM.

HOWEVER, DAVID, TO CLARIFY, NEW YORK STATE WOULD NOT GRANT A LICENSE, UH, TO A PROSPECTIVE, UH, RETAIL DISPENSARY WITHOUT CHECKING IN WITH THE TOWN, I WOULD IMAGINE TO MAKE SURE THAT IT'S IN THE CORRECT ZONE.

OH, ABSO CORRECT.

CORRECT.

OKAY.

BUT ISN'T IT, UH, UH, ISN'T IT, BUT WOULD WOULD STAND A, UH, LEGAL, AND I GUESS MICHAEL MIGHT HAVE THE QUESTION ON THAT ONE.

UH, ISN'T THAT, UH, UH, WHATS THE DUE PROCESS AND, AND DISCRIMINATION OF, UH, ONE PRODUCT VERSUS LIKE NOW THE PHARMACIST CAN PRESCRIBE AND YOU CAN COLLECT YOUR OPIOID KIND OF PRESCRIPTION, WHICH IS PROBABLY IN THE SAME CATEGORY OF, UH, MARIJUANA DISPENSARY.

SO I, I DON'T KNOW HOW DOES THE TOWN NEEDS, UH, GOING TO DEFEND ITSELF, TRYING TO KIND OF DO IT, WHICH BECOMES A MAYBE A NEW POINT IN A, THE FIRST TIME C V S OR RITE AID WOULD SAY, THIS IS, THIS IS CRAZY.

AND THEY CAN'T DO IT WITHOUT, THEY CAN'T DO IT UNDER NEW YORK, OTHERWISE.

OKAY.

SO WE HAVE DO WAIT UNTIL SOMEBODY GOES UP TO THE SUPREME COURT.

OKAY.

WELL, IT'S REALLY, I CHALLENGE NEW YORK STATE'S MARIJUANA CANNABIS LAWS ON THAT BASIS.

THAT'S, THAT'S FINE.

AND, UH, IF YOU GO UP TO THE US STATE SUPREME COURT, YOU WON'T HAVE ANY CANNABIS LAWS WITH THIS SUPREME COURT.

LET'S BE REAL.

NO, BUT THIS MIGHT, UH, THIS MIGHT FALL UNDER THE NEW YORK STATE SUPREME COURT, I WOULD SAY.

YEAH, MIGHT, BUT WE HAVE TO FOLLOW STATE LAW, MICHAEL.

YEAH.

IF, IF RECREATIONAL MARIJUANA IS NOW LEGAL, WHY IS THERE A SEPARATE CATEGORY OF MEDICAL MARIJUANA, DIFFERENT DISPENSARIES?

[01:00:01]

THEY, THEY, WHY, WHY? 'CAUSE NEW YORK STATE IN ITS INFINITE WISDOM, DECIDED THAT, UH, BUT WHY DO YOU EVEN NEED, I MEAN, MEDICAL MARIJUANA MEANS TO ME, YOU GET A PRESCRIPTION FROM THE DOCTOR.

YEP.

BUT IF MARIJUANA IS LEGAL, WHY WOULD I EVEN GO TO A DOCTOR FOR A PRESCRIPTION? I'LL JUST GO FOR RECREATION.

NOW, PROBABLY INSURANCE.

YOU MAY PROBABLY COVERED BY INSURANCE FOR ONE THING.

YOU MAY, IF YOU'VE EVER BEEN TO A DISPENSARY.

UH, HOWEVER, THERE ARE A MULTITUDE OF BRANDS, UH, THAT SUPPOSEDLY, UH, PROVIDE DIFFERENT, UH, HAVE DIFFERENT, UM, UH, PROVIDE YOU DIFFERENT REACTIONS TO IT.

AND, UH, HAVING GONE AND, UH, AND SEEING ACTUALLY HOW IT WORKS, IT'S RATHER INTERESTING.

THEY POINT YOU TO, IF YOU HAVE DEPRESSION, UH, THIS STRAIN, IF YOU HAVE ANXIETY, THIS ONE, IF YOU NEED TO SLEEP THIS ONE, THAT, UM, AND I PRESUME THAT IS WHERE, YOU KNOW, UH, TO SOME EXTENT, UH, MEDICAL MARIJUANA, UH, AND YOU GET IT PRESCRIBED.

BUT I AGREE, IT'LL PROBABLY BE WITH THE C L S C, YOU'LL BE NEXT.

WITH THE ADVENT OF HAVING RECREATIONAL, UH, IT WILL PROBABLY, UH, MEAN A LOT LESS PEOPLE ARE GONNA GO TO SEEK THEIR, UH, MARIJUANA, UH, PRESCRIPTION CARDS.

THANKS.

OKAY.

AND LESLIE, AND JUST TO MAKE IT MORE, UM, ACCESSIBLE.

SO FOR INSTANCE, THERE WERE PEOPLE WHO USED MARIJUANA FOR CANCER, YOU KNOW, TO, TO, UH, FOR CHEMOTHERAPY.

BUT NOW THEY HAVE STRAINS THAT DON'T HAVE THE GET HIGH ELEMENT.

SO THAT'S WHAT SOMEONE WHO WANTS TO USE MEDICAL MARIJUANA WOULD USE IT FOR.

THEY, THEY'RE NOT TRYING TO GET HIGH, THEY'RE JUST TRYING TO, UM, COMBAT SOME OTHER THINGS.

AND THEN PEOPLE WHO USE IT FOR RECREATIONAL PURPOSES ARE SPECIFICALLY LOOKING FOR, YOU KNOW, A, A CERTAIN FEELING.

SO THERE'S A DIFFERENCE BETWEEN THE TWO.

SO A MEDICAL DISPENSARY MIGHT PRACTICALLY HAVE A LOT OF STRAINS THAT DON'T HAVE THAT ELEMENT THAT A RECREATIONAL PERSON WOULD LOOK FOR.

SO SOMEONE WHO'S GOING THROUGH CHEMO DOESN'T NECESSARILY WANT, YOU KNOW, A HIGH, THEY JUST WANT TO BE ABLE TO NOT FEEL NAUSEOUS.

GOOD POINT.

MM-HMM.

.

AND I WOULD ASSUME ALSO THAT THAT MEDI IN THE MEDICAL, THEY'RE, THEY'RE PRESCRIBED MAPS TO, TO THEIR DOSAGES IN MEDICAL, WHICH I DON'T THINK THERE ARE.

WHEN YOU GO GO TO A REGULAR DISPEN, DAVE, YOU REALLY DO NEED TO EITHER TAKE US ON THESE FIELD TRIPS OR STOP COMMENTING SO MUCH THAT YOU KNOW SO MUCH ABOUT IT.

ONE OF THE TWO.

I HAVE FAMILY MEMBERS WHO NEED IT.

, I THINK MOTOR'S VOLUNTEERING FOR THE NEXT FIELD TRIP.

MARNA, UH, YEAH.

WELL, NOT FOR THE NEXT FIELD TRIP, BUT THE OTHER REASON FOR MEDICAL MARIJUANA IS ALSO PAIN RELIEF.

SO A LOT OF PEOPLE ARE GOING FOR PAIN RELIEF FOR MEDICAL MARIJUANA, IT ALSO WORKS FOR GLAUCOMA, BY THE WAY.

YEAH.

THE TREATMENT.

SO THERE'S A LOT OF RE THERE'S A LOT, LOT OF REASONS THAT PEOPLE GO FOR MEDICAL MARIJUANA.

BUT THE MEDICAL MARIJUANA TYPICALLY, YOU KNOW, WHEN YOU'RE BUYING IT'S PILL THERE, IT'S NOT ONLY, WELL, THERE'S PILL, THERE'S OINTMENTS, THERE'S, YOU KNOW, ALL DIFFERENT THINGS.

TINCTURES, UM, YOU KNOW, IT, IT'S GONNA BE MORE EXPENSIVE THAN THE STREET MARIJUANA.

SO, YOU KNOW, BUT IF WE GET ENOUGH OF THESE, UM, FACILITIES, PERHAPS IT'LL BRING DOWN THE STREET.

YOU KNOW, THE VALUES WILL COME DOWN, SO IT'LL BE BETTER AND IT'LL BE MORE CONTROLLED IN TERMS OF WHAT YOU'RE GETTING THAN WHAT YOU'RE GETTING ON THE STREETS.

SO THAT'S WHAT WE'RE TRYING TO, YOU KNOW, WE'RE NOT SEEING ANY OF IT ON THE STREET.

WE'RE GETTING IT FROM A DISPENSARY.

OKAY.

WE'RE GETTING IT FROM THE, GETTING RID OF IT ON THE STREET.

, THE IDEA IS TO GET RID OF IT ON THE STREET.

CORRECT.

GO AHEAD, .

I, I THINK, UH, UM, I AGREE WITH MICHAEL.

I THINK WE ARE .

I MEAN, AND, AND MAYBE IT IS NOT, UH, UH, THE TOWN'S, UH, KIND OF, UH, DOMAIN TO MAKE THAT DISCUSSION.

BUT I THINK, UH, WHEN YOU MAKE IT A, UH, RECREATIONAL AND, AND THE MEDICAL, I THINK THAT THE LINE IS VERY, VERY TRANS, UH, VERY, VERY, VERY TEAM OR , WHEN YOU'RE ARGUING ABOUT SOMETHING WE CAN'T FIX THAT IS THE STATE LAW.

NO, THE THING IS THAT MY COMEDY IS THAT IT'S, WE GONNA, WE REALLY ARE TRYING TO CREATING A UNNECESSARY, UH, COMPLICATED LAWS INTO OUR TOWN CORE, WHICH IS ALREADY BURDENED WITH SO MUCH CONTRADICTION.

AND WE ARE ADDING ONE MORE CONTRADICTION TO THAT'S NOT WHAT WE'RE DOING.

LET ME EXPLAIN.

THAT'S NOT THE RECOMMENDATION.

THE RECOMMENDATION IS TO, TO ACTUALLY PUT, PUT BOTH RECREATIONAL AND, AND MEDICINAL MARIJUANA IN THE SAME ZONES.

THAT'S WHAT WE'D LIKE TO, WE'D LIKE TO HAVE HAPPEN.

THE BACKUP IS BECAUSE WE HAVE A, A, A CONCERN, AND I THINK A REAL ONE, THAT THE PLANNING BOARD, BECAUSE OF COMMUNITY PRESSURES, MAY NOT ACCEPT THAT FOR RECREATIONAL.

FOR RECREATIONAL, UH,

[01:05:01]

REASONS.

'CAUSE THERE'S A LOT OF CONCERNS ABOUT PEOPLE THEY DON'T UNDERSTAND.

THAT'VE NEVER SEEN IT.

IT'S UNKNOWN.

PEOPLE DON'T LIKE THINGS THAT ARE UNKNOWN IN THEIR NEIGHBORHOOD A LOT OF TIMES.

SO I THINK THERE IS GONNA BE A LOT OF COMMUNITY.

LEMME FINISH.

THERE'LL BE A LOT OF COMMUNITY PUSHBACK.

THE REASON FOR THE SECOND RECOMMENDATION, WHICH I THOUGHT WAS SMART, IS AS A BACKUP, SIMILAR TO WHAT JUST HAPPENED ON THE CD OVERLAY.

SAME THING.

IT'S A BACKUP.

IF THEY DON'T ACCEPT.

OUR PRIMARY RECOMMENDATION IS THIS SHOULD GO IN ANY OF THESE ZONES, EITHER RECREATIONAL, UM, OUR MEDICAL AT LEAST PUT MEDICAL IN THESE ZONES FOR CONVENIENCE.

BECAUSE TO PUT THEM ALL UP IN THE NORTHWEST CORNER OF GREENBURG ON OFF OF ROUTE NINE A IS JUST, IT'S NOT FAIR TO PEOPLE THAT NEED THESE DRUGS.

PERIOD.

THAT'S ALL, ALL IT'S A BACKUP POSITION.

IT'S NOT OUR PRIMARY RECOMMENDATION.

OUR PRIMARY RECOMMENDATION IS TO ALL OF THEM.

OKAY.

DO YOU HAVE SOMETHING ELSE YOU WANTED TO SAY? CORRECT, YEAH.

THE, I MEAN, MY QUESTION FLIP SIDE IS THAT IF THE MEDICAL MARIJUANA DISPENSARY CELLS, THE RECREATIONAL MARIJUANA, ARE THEY GOING BE NOT ALLOWED? THEY CAN'T.

THEY DON'T.

THEY CAN'T.

THEY'RE SEPARATE LICENSES.

SEPARATE LICENSES SEPARATE.

YOU SHOULD CONSIDER THEM SEPARATE USES.

YEAH.

SO IF THEY WANTED TO HAVE BOTH LICENSES, THEN THEY CAN DO IT AT THE SAME PLACE.

WELL, ONLY IF ONLY IF THEY STATE ALLOWS.

THEORETICALLY THEY WON'T.

THEORETICALLY, YES, THERE MAY BE SOME LICENSES THAT ARE GRANTED, WE DON'T KNOW IN WHICH IT WILL BE BOTH.

BUT RIGHT NOW, THAT'S NOT THE GAME PLAN THAT IS BEING, UH, PROVIDED BY NEW YORK STATE.

AND THEY'RE VERY DIFFERENT KINDS OF PLACES TOO.

THESE, THE, THE RETAIL DISPENSARIES TEND TO BE PRETTY FANCY, NICE PLACES WITH DISPLAY CASES AND THINGS LIKE THAT.

IF YOU'VE EVER SEEN THE ME MEDICAL DISPENSARY IN WHITE PLAINS, DO YOU KNOW WHERE IT IS? I BET YOU'VE GONE BY IT A ZILLION TIMES AND DIDN'T KNOW IT WAS THERE.

OKAY.

IT'S VERY QUIET IN AMERICAN.

IT'S ALL I WAS IN OAKLAND, CALIFORNIA, AND IT IS ALL DONE AND, AND IT MAKES IT A LOT MORE CONVENIENT.

AND AND THIS IS OAKLAND.

WE'RE NOT IN GOLDEN CALIFORNIA.

WE'RE ALSO NOT IN ALBANY, NEW YORK.

CORRECT.

LEMME FINISH.

WHAT WE ARE DOING IS TO REALLY CREATE A, UH, UH, COMPLICATED, NOT ONLY COMPLICATED.

WE ARE NOT DOING THAT.

NO, NO.

BUT THE STATE IS, NO, LET ME FINISH.

BUT IT, IT INVITES A LOT OF CONFUSION AMONG THE CITIZENS OF THE TOWN AND ALSO THE CORRUPTION THAT FOLLOWS WITH IT.

THEN, THEN, THEN FIRE THE LEGISLATURE.

WE CAN'T FIX THAT.

CORRECT.

YOU'RE RIGHT, DANA.

THAT'S IT.

YEAH.

I SAID ENOUGH DAVID.

I AGREE WITH YOU, BUT, BUT WE CAN'T FIX IT.

DAVID.

I THINK YOU SAID IT.

THIS IS NEW YORK.

THIS IS THE PLAN.

NEW YORK STATE HAD, UH, THERE.

I WILL, THE ONE THING I'LL SAY, DON'T RAISE CALIFORNIA AS THE BEACON EXAMPLE.

THERE ARE A LOT, AND I WILL E EMPHASIZE.

THERE ARE A LOT OF PROBLEMS WITH HOW CALIFORNIA DID IT.

NEW YORK STATE STUDIED IT.

THEY DID IT THIS WAY.

I'M NOT SAYING IT'S BETTER, BUT THERE WERE A LOT OF PROBLEMS IN CALIFORNIA, COLORADO, AND SOME OTHER STATES THAT DID IT.

SO DON'T, PLEASE DON'T USE THAT AS A SHINING EXAMPLE.

ALL RIGHT.

I'D LIKE TO BE ABLE TO MOVE ON.

WE'RE WE'RE, WE'RE GONNA END UP, UP, UH, I'M GONNA END UP GETTING UP BY WALTER AT 10 O'CLOCK.

I'M AFRAID THE WAY WE'RE GOING AND I DON'T LIKE BEING YELLED AT BY WALTER.

SO, UM, WHAT I'D LIKE TO DO IS, AGAIN, AS I SAID, I WANNA SPLIT THE RECOMMENDATION ON THE, ON THE DISPENSARY PART OF THE RECOMMENDATION.

DO WE HAVE A CONSENSUS THAT THE RECOMMENDATION IS WRITTEN BY GARRETT? UH, SHOULD BE MOVED FORWARD? YES.

CAN I HAVE A SHOW OF HANDS? NO, NO, NO.

I HAVE A COMMENT.

.

OH, WHAT'S YOUR COMMENT? HE REALLY IS TRYING TO PUSH IT DOWN.

NO, NO, YOU'RE, I'M ASKING FOR A RAISE HAND FOR THOSE WHO APPROVE IT.

OKAY.

DO YOU HAVE A COMMENT FIRST? YEAH, I DO HAVE A COMMENT.

I, I THINK UNLIKE THE, THE MEDICAL AND THE DISPENSARY, I MEAN, THAT'S PRETTY STRAIGHTFORWARD ON TERMS OF THE, THE PRODUCTION OF, UH, WALTER, I'M GONNA GET TO THE PRODUCTION SEPARATELY.

OKAY.

THAT'S WHAT I'M TRYING TO DO.

OKAY, FINE.

I'M TRYING TO BE, I'M TRYING TO KEEP IT SIMPLE 'CAUSE IT'S VERY COMPLICATED.

OKAY.

RIGHT.

SO I, I AGREE WITH YOU AND WE'LL GET TO THAT SEPARATELY.

OKAY.

MARA, DID YOU HAVE A COMMENT BEFORE I TAKE A STRAW VOTE HERE? I WANT YOU TO JUST RESTATE IT VERY SIMPLY SO WE CAN VOTE.

OKAY.

RESTATE AARON, YOU KNOW WHAT, OR GARRETT, ONE OF YOU STATE WHAT WE JUST DISCUSSED.

YOU CAN PUT IT UP ONE MORE TIME AND, AND REREAD THOSE TWO PARAGRAPHS.

YEAH.

RIGHT.

AND, UM, ULTIMATELY WE'RE GONNA PREPARE A FORMAL RECOMMENDATION AND AN ACCOMPANYING REPORT.

SO WE'RE JUST LOOKING FOR YOUR DIRECTION.

SO WE CAN GO FORTH, DO

[01:10:01]

THAT NEXT MEETING.

WE CAN VOTE ON IT.

BUT IN SHORT, UM, YOU'RE BUILDING THE RATIONALE FOR WHY YOU BELIEVE THAT MEDICAL AND, UH, RETAIL DISPENSARY AND, AND RECREATIONAL DISPENSARIES SHOULD NOT BE CONFINED TO SOLELY THE PD DISTRICT, BUT ALSO TO OTHER COMMERCIAL DISTRICTS SUCH AS C A D S AND ALSO OFFICE DISTRICTS, OB, L O B, IB.

UM, AND YOU'RE MAKING THAT RECOMMENDATION FROM THE TOWN BOARD TO MAKE A SIGNIFICANT CHANGE TO THE EXISTING LOCAL LAW AND TO BROADEN IT, UH, TO INCLUDE THOSE OTHER DISTRICTS.

AND AS WAS MENTIONED, YOU'RE ALSO PUTTING IN A HYPOTHETICAL THAT SORT OF STATES THAT SHOULD THE TOWN BOARD OPT TO SAY, NOPE, THAT'S, YOU KNOW, THAT'S NOT WHERE WE WANT TO GO RIGHT NOW.

MAYBE IN THE FUTURE YOU'RE MAKING THE SECOND RECOMMENDATION, UM, FOR, FOR THE TOWN BOARD TO ESPECIALLY CONSIDER, UM, MEDICAL IN THESE SAME DISTRICTS I JUST NAMED AND NOT JUST, YOU KNOW, UM, AND, AND NOT RECREATIONAL.

IN OTHER WORDS, IF THEY REJECT A PRIMARY RECOMMENDATION, WHICH IS TO BROADEN THE NUMBER OF DI THE, THE DISTRICTS THAT THEY ARE BOTH IN, COME BACK AND RETHINK THAT POSITION WHEN IT COMES TO MEDICAL FOR THE ADDITIONAL REASONS THAT THAT GAR SAID.

YEAH.

THANK YOU.

HUG.

VERY WELL STATED.

OKAY.

OKAY.

CAN, CAN I HAVE A STRAW VOTE NOW PLEASE? ALL IN FAVOR OF THAT, THIS IS AN OFFICIAL VOTE.

IT'S A STRAW VOTE OF THAT BEING THE DIRECTION WE GO.

SAY AYE.

AYE.

ALL OPPOSED? OKAY.

ALL ABSTENTION.

I DIDN'T SEE A HAND, A MO MOTION OF YOUR LIPS OR ANYTHING.

MR. SNAGS, YOU SAID, ALL ALL IN FAVOR.

AYE.

AYE.

OKAY.

THANK YOU MR. CHAIRMAN.

AS, AS A STRAW POLL, UH, I THINK WE SHOULD, UH, ASK MS. DA MS. DAVIS ALSO.

I KNOW SHE .

OH, THAT ABSOLUTELY.

IT'S A STRONG POLL.

LESLIE, I APOLOGIZE.

WHAT'S YOUR VOTE? WHAT'S YOUR VOTE? WHAT'S NOT REAL? SO I CAN VOTE.

OKAY, .

UM, BUT WE DUNNO.

DO WE? YES, IT'S, BUT WE DUNNO IF YOU'LL BE AT THE NEXT MEETING.

SO, IT, IT'S A, IT'S A HOLLOW VOTE.

DID YOU VOTE? I LESLIE? YEAH.

SO IT LOOKS LIKE WE HAVE CONSENSUS THERE.

OKAY, NOW LET'S MOVE ON TO THE SEC.

THE SECOND PART, WHICH I THINK IS A LITTLE BIT MORE COMPLEX, I'M NOT GONNA GO THROUGH WHAT THE C A C SAID, BUT IT'S NO, NOT MUCH DIFFERENT THAN WE DISCUSSED AT THE LAST MEETING, FRANKLY.

AND, AND THEIR, THEIR, THEIR DIRECTION IS THE SAME AS OURS.

WHAT A COUPLE OF THINGS WE DO KNOW, AND ONE THING WE REALLY DON'T KNOW YET.

WE DO KNOW THAT THIS USES A HUGE AMOUNT OF ENERGY.

THEY QUOTED.

I DON'T BELIEVE THIS NUMBER, THAT IT SEEMS A LITTLE HIGH TO ME, THAT 10% OF THE ELECTRICAL ENERGY CONSUMPTION AND MASSACHUSETTS ARE THESE PRODUCTION FACILITIES.

I THINK THAT THAT NUMBER SEEMS A LITTLE HIGH TO ME, BUT WE KNOW IT'S SIGNIFICANTLY INCREASED OVER WHAT AN AVERAGE PLACE IS BECAUSE THEY HAVE TO, THEY HAVE THE GROWING LIGHTS AND ALL ALL THOSE THINGS AND TEMPERATURE CONTROL AND THINGS LIKE THAT.

SO IT CLEARLY IS A LARGE USER OF ENERGY THAT'S TRUE OF ELECTRICAL ENERGY.

WE ALSO KNOW IT'S A LARGE USER OF WATER.

SO THE QUESTION, QUESTION IS THERE, AND I'LL GET TO THE THIRD ONE, WHICH IS, I DON'T HAVE A CLUE WHAT COMES OUT, OUT OF THE CHIM CHIMNEY OR WHAT THEY THROW AWAY AWAY IN WASTEWATER.

I STILL DON'T KNOW THE ANSWER TO THAT, AND THAT'S VERY CONCERNING TO ME WHEN WE'RE TALKING ABOUT BUILDING THESE THINGS.

OKAY.

AND I'LL GET TO THAT IN A SECOND.

UM, I PERSONALLY WOULD LIKE TO SEE US PUT, GARRETT PUT SOMETHING WHICH IS GENERAL IN THE LAW, WHICH IS THEY NEED TO HAVE AN ENERGY CONSUMPTION PLAN.

BUT I DON'T KNOW WHAT WE, WHAT THE STANDARD FOR THAT PLAN IS.

AND WHAT WE'VE EVALUATED AGAINST THE C A C MADE A RECOMMENDATION THAT I THINK IS UNFORTUNATE IS A GOOD, WOULD BE A GOOD ONE, EXCEPT I DON'T THINK IT'S POSSIBLE TO CALCULATE, WHICH IS THAT THEY HAVE TO MAKE UP FOR ANY EXCESS ENERGY THEY USE ABOVE AND BEYOND WHAT THE AVERAGE WOULD USE IN THAT DISTRICT.

UM, I DON'T KNOW HOW YOU COULD POSSIBLY CALCULATE THAT .

I REALLY DON'T.

UM, SO I'M NOT SURE THAT'S IT.

I WOULD LIKE TO SEE A REQUIREMENT THAT, UM, THEY, THAT THEY HAVE AN E MAKE AN EFFORT TO USE RENEWABLE ENERGY EITHER, UH, WIND OR SOLAR AS PART OF PART OF THE DEVELOPMENT PACKAGE OF ANY OF THESE FACILITIES BUILT.

IN FACT, EVENTUALLY I'D LIKE TO SEE THAT ACROSS ALL NEW COMMERCIAL FACILITIES IN OUR TOWN.

'CAUSE I THINK WE NEED TO GET THERE.

THAT'S WHAT I'D RECOMMEND THERE.

ANY COMMENTS ON THE ENERGY OR WATER CONSUMPTION? AND THEN I'LL TAKE THE POLLUTION THING NEXT, NEXT.

'CAUSE I, LESLIE, I THINK YOU HAVE SOME THOUGHTS ON THE POLLUTION THING AS TO WHAT IT MIGHT BE.

YEAH, YEAH, BUT I'LL GET YOU IN A SECOND.

WALTER, GO AHEAD.

AND THEN MY THOUGHT.

YEAH, AND, AND I AGREE WITH WHAT YOU HAVE SAID.

UH, BUT WE NEED TO

[01:15:01]

PUT SOME SORT OF METRICS IN PLACE TO, TO QUANTIFY IT.

YOU KNOW, WE, RIGHT NOW WE ARE DEALING WITH QUALITATIVE DATA.

IT QUALITATIVELY, IT USED A LOT OF ELECTRICITY QUALITATIVELY, IT USED A LOT OF WATER.

AND SO IF WE GOING TO PUT LEGISLATION IN PLACE, THEN WE HAVE TO HAVE SOME FEAR FOR THE WHAT IT IS IT, WHAT IS GOOD, WHAT IS BAD, WHAT ARE WE AIMING FOR? AND I THINK WE DON'T HAVE ENOUGH DATA HERE ON THIS POINT TO REALLY MAKE I SEE A DATA GOING, A SOUND DECISION OTHER THAN TO SAY YOU MUST CONSERVE.

BUT OTHER THAN THAT, WE REALLY DON'T HAVE A GOOD BASIS FOR COMING UP WITH A GOOD SOLUTION.

OKAY.

MICHAEL, DID YOU HAVE YOUR HAND UP BEFORE? I DID.

UM, LOOK, UM, THIS IS ALL VERY INTERESTING TO ME, BUT I STILL DON'T KNOW WHAT ONE OF THESE FACILITIES LOOKS LIKE.

OKAY.

UM, I CAN IMAGINE IT, I CAN IMAGINE ALL THE LIGHTS, YOU KNOW, AND SO ON AND SO FORTH.

BUT, YOU KNOW, IN TERMS OF WATER, I DON'T KNOW WHY, YOU KNOW, SUCH A FACILITY WOULD USE ANY MORE WATER THAN A REGULAR GREENHOUSE POWER, SO ON AND SO FORTH.

UM, SO I'M IN THE DARK AS TO WHAT THIS FACILITY LOOKS LIKE.

WASTEWATER, I HAVE NO IDEA.

UM, THAT'S NUMBER ONE.

NUMBER TWO, NO, I, I, NO INTERNET NUMBER TWO, I AM AGAINST DISCRIM.

I'M NOT REALLY IN FAVOR OF THESE FACILITIES.

OKAY.

IF IT WAS ME, I WOULD, I WOULDN'T, I WOULDN'T ALLOW THEM IN ALL GREEN BOOK.

BUT HAVING SAID THAT, NUMBER TWO, I DON'T THINK WE SHOULD DISCRIMINATE AGAINST THESE FACILITIES.

I MEAN, WHY SHOULD WE REQUIRE THEM TO HAVE SOLAR OR RENEWABLE ENERGY WHEN WE DON'T REQUIRE THAT OF ANY OTHER BUSINESS, YOU KNOW, IN THE TOWN.

WHY SHOULD WE REQUIRE THEM TO, YOU KNOW, MAKE UP FOR EXCESS ELECTRICITY USE, YOU KNOW, ABOVE THE AVERAGE WHEN WE DON'T REQUIRE THAT OF ANY OTHER INDUSTRY OR FACILITY IN TOWN.

THAT STRIKES ME AS A LITTLE UNFAIR, IF NOT ILLEGAL.

I UNDERSTAND JOHAN AND THEN DAVID.

YEAH, SO, UM, , GAR OR AARON THAT SENT OUT A BUNCH OF LINKS WITH INFORMATION THAT SPOKE SPECIFICALLY ON THE ENERGY CONSUMPTION AND WATER CONSUMPTION.

THE VERY LAST ONE I PROVIDED THOSE LINKS.

YEAH, IT WAS GARRETT.

OKAY.

SO THE VERY LAST ONE SPOKE TO, UM, DID, THERE WAS SOME INFORMATION IN THERE THAT POINTED TO THE FACT THAT THIS, NOT LIKELY THAT A FACILITY LIKE THAT WOULD CONSUME MORE WATER THAN ANY OTHER, UH, TYPE OF GROWN FACILITY, INCLUDING VEGETABLES OVERALL.

SO I AGREE WITH WALTER THAT A LOT OF THIS IS KIND OF SPECULATIVE AT THIS POINT FROM AN ENERGY CONSUMPTION PERSPECTIVE, THAT THE DATA MIGHT BE A LITTLE BIT CLOSER TO THE TRUTH AND WE SHOULD PAY ATTENTION TO THAT FROM A WATER CONSUMPTION PERSPECTIVE.

I DON'T KNOW IF THERE'S ANY REAL DATA OUT THERE THAT WOULD POINT TO A HIGHER LEVEL OF CONSUMPTION TO MICHAEL'S POINT, JUST SAME WAY THAT WE WOULD MAKE RECOMMENDATIONS FOR, UH, HOUSING DEVELOPMENT TO USE OR CREATE AN AVENUE FOR RENEWABLE ENERGY.

I THINK IT WOULD MAKE SENSE FOR US TO DO THE SAME THING HERE, BUT I'M NOT SURE IF WE'LL BE ABLE TO NECESSARILY MANDATE IT.

AGAIN, POINTING BACK TO THE LINKS THAT GARRETT POINT THAT SENT TO US, UM, EARLIER THIS WEEK, UM, THERE WERE A BUNCH OF ALTERNATIVES THAT COULD HELP OFFSET THE ENERGY CONSUMPTION FOR THE PARTICULAR AREA SO THAT THE GRID IS NO OVERWHELMED.

SO I THINK, UM, GIVEN THE TIME, IF WE CAN REVIEW THAT AND RECONVENE IT WOULD MAKE SENSE.

HEY, DAVID, THANK YOU JOHAN.

OKAY.

GOING TO, UM, SO PROVIDING SOME LEGAL ADVICE HERE, THE TOWN BOARD AND THEN, UH, BY SENDING IT TO THE PLANNING BOARD, UH, FOR THE ZONING ORDINANCE IS, UH, IS CHARGED WITH FIGURING OUT THE TIME, PLACE, AND MANNER TO HAVE THESE FACILITIES.

IT IS GREAT TO CONSIDER THE ENVIRONMENTAL THINGS.

I DON'T, I'M NOT TELLING YOU NOT TO, BUT I THINK YOU CANNOT, IT IS, IT DOES A DISSERVICE TO THIS BOARD, TO THE TOWN BOARD IN SPENDING A LOT OF TIME OTHER THAN RAISING THESE ISSUES AND POINTING THE TOWN BOARD TO THESE ISSUES OF CONCERNS.

BECAUSE ULTIMATELY THE STATE IS THE ONE THAT MANDATES THIS.

WE WANNA BE CAREFUL THAT WE DON'T HAVE THESE PLA IN PLACES WHERE IF WE DON'T KNOW WHAT THE, UM, PEC THE EFFECT OF THE EXHAUST IS, UH, THEN YOU WANNA BE CAREFUL WHERE YOU PLACE THEM.

BUT,

[01:20:01]

UH, IT'S, IT'S KIND OF HARD TO TALK ABOUT TIME, PLACE, AND MANNER IF WE'RE TALKING ABOUT WATER.

IF ALL THE WATER IS COMING FROM THE SAME, YOU KNOW, FROM THE SAME WATER DISTRICT ANYWAY.

IF THERE WERE, I KNOW WE DID HAVE DIFFERENT WATER DISTRICTS HERE.

IF THERE WAS A WATER DISTRICT THAT WAS SEVERELY, UH, HAD WATER PRESSURE ISSUES, THEN I THINK YOU COULD RAISE THIS AS A POSSIBILITY.

BUT I WANT THE BOARD TO BE FOCUSED ON THE FACT THAT, UH, THE ENVIRONMENTAL ISSUES TO SOME EXTENT ARE GONNA FLOW THROUGH THE STATE AND REALLY FOCUS ON TIME, PLACE, AND MANNER, UH, AS TO WHERE THESE FACILITIES SHOULD BE IN THE TOWN.

YOU KNOW, DAVE, I, AND, AND I COULD, I KNOW YOU'RE NEXT.

I I, I HAVEN'T FORGOTTEN YET.

UM, I, I UNDERSTAND WHAT YOU'RE SAYING, BUT IF THAT WERE THE CASE, WE NEVER WOULD'VE PAT WRITTEN THE BATTERY STORAGE LAW THAT WE DID.

'CAUSE THE STATE HAD ONE THEY RECOMMENDED AND OURS IS STRICTER.

OKAY.

UM, I DON'T THINK, THE PROBLEM IS THE STATE HAS NOT AS OF YET DONE THEIR HOMEWORK ON THE, ON, ON THE MANUFACTURING FACILITIES.

AND WHAT I HATE TO DO IS IN A HOT AUGUST EVENING WHEN THE GRID BLOWS UP IN A, IN A NEIGHBORHOOD WHERE ONE OF THESE IS THAT WE HAVEN'T TAKEN THAT INTO CONSIDERATION BECAUSE THEY'RE DRAWING SO MUCH, MUCH OFF THE GRID DURING A PEAK PERIOD.

THAT'S MY CONCERN.

MY, NOW HAVING SAID THAT, I DON'T THINK WE HAVE THE ANSWERS TO THAT.

AND I THINK IF WE DO SEND THIS RECOMMENDATION BACK TO THE TOWN BOARD, I THINK THEY SHOULD BE VERY CAREFUL ABOUT NOT ABOUT APPROVING THESE WITHOUT GETTING SOME MORE EXPERT INFORMATION.

TO MICHAEL'S POINT, BECAUSE I DON'T KNOW ENOUGH.

OKAY.

NONE OF US KNOW ENOUGH FROM EXPERTS WHO HAVE BEEN DEALING WITH THIS.

I GOT YOU, MICHAEL, UM, WITH EXPERTS ON THIS BEFORE ACTUALLY CRAFTING WHAT THE SPECIAL PERMIT CRITERIA IS.

'CAUSE ONCE YOU CRAFT THOSE CRITERIA, THEN YOU'RE LOCKED IN.

YOU'RE NOT LOCKED IN YET.

'CAUSE WE DON'T HAVE A LAW YET.

IN TERMS OF DISCRIMINATION THING.

I AGREE WITH MICHAEL THERE TOO.

I CAN MAKE THE SAME ARGUMENT FOR ANY PLACE THAT'S, THAT'S DOING BITCOIN OR IS JUST HEAVY INTO, INTO JUST ALL COMPUTERS, THAT THEY SHOULD HAVE ALTERNATE ENERGY.

AND AS I SAID, I THINK EVERY COMMER NEW COMMERCIAL BUILDING SHOULD BE REQUIRED TO HAVE AN ALTERNATE ENERGY SOURCE.

I DON'T THINK I STILL THINK YOU CAN DO IT HERE BECAUSE IT'S A NEW USE, POTENTIALLY.

I DON'T KNOW THE ANSWER.

THEY COULD CHALLENGE IT, I DON'T KNOW.

BUT IT'S SURELY SOMETHING WE SHOULD BE CONSIDERING ON A BROADBASED BASIS, WHICH AGAIN, IS WHY WE HAVE THOSE TWO RECOMMEND THAT RECOMMENDATION FOR AN ALTERNATE ENERGY COMMITTEE IN FRONT OF THE TOWN BOARD, THEN THIS WOULDN'T BE AN ISSUE.

CORT.

AND THEN MICHAEL, I HAVE A COUPLE OF QUESTIONS.

AND WALTER, UH, THE, THE FIRST ONE IS THAT DO THE STATE IS MANDATING SOME OF THESE THINGS AND LICENSING IT, UH, DO THEY HAVE A MODEL LAW FOR HOW THE TOWN SHOULD REALLY MOVE FORWARD WITH THIS PARTICULARLY, UH, PRODUCTION AND DISTRIBUTION OF THE MODEL? GAR, DO YOUR MODEL HAS, I KNOW THERE ARE MUNICIPAL LAW.

I HEARD THERE ARE SOME MUNICIPAL LAWS ALREADY IN PLACE.

I MEAN, JUST, IS THERE ANYTHING LIKE THE NYSERDA WAS FOR, UH, ? NOT THAT I'M AWARE OF.

OKAY.

NO, WE LOOKED, WE LOOKED INTO IT FOR BOTH DISPENSARIES AND THIS, UM, THERE WAS MORE EXAMPLES OF, UH, DISPENSARIES, UH, THAT WE DREW FROM, UH, FOR CRITERIA.

BUT HONESTLY, WE, UM, THERE WAS A FEW EXAMPLES OUT THERE.

NONE BY THE STATE THAT I'M AWARE OF.

OKAY.

DAVID, BY THE WAY, WE'RE, WE'VE BEEN RUNNING ALONG, BUT I THINK IT'S AN IMPORTANT DISCUSSION.

DAVID, GO AHEAD.

I'VE, I'VE BEEN FOLLOWING THIS, UH, THE WHOLE MARIJUANA THING FOR FOUR YEARS.

WELL, BEFORE ANY OF THIS WAS A, UH, ADOPTED, THE ANSWER CORRECT IS NO, THEY HAVEN'T.

UH, THERE HAS BEEN, YOU KNOW, REQUESTS VARIOUS TIMES WHAT WE'VE DONE AND WHAT GARRETT DID IN CRAFTING THIS LAW WAS RELYING ON SOME OF THE OTHER LEADING MUNICIPALITIES THAT WENT AHEAD OF US.

AND THAT'S HOW WE GOT TO WHERE WE ARE TODAY.

BUT NO DIRECTION FROM, UH, THE STATE.

IT'S BEEN MELDING OF, UH, A NUMBER OF MUNICIPALITIES TO GET WHERE WE GOT TO.

UH, THE REASON I, I MEAN, OKAY.

THAT, THAT'S, THAT'S A GOOD, THAT ANSWERS THE QUESTION.

YEAH.

BUT THE FOLLOW, THE, THE SORT OF SUBSET OF THE QUESTION IS THAT THERE ARE BIG PHARMA OR BIG, UH, IN, UH, I DON'T KNOW, IT'S A BIG PHARMA OR WHATEVER IS IT, BUT THERE ARE, UH, COMPANIES THAT ARE, UH, KIND OF INVESTING HEAVILY FOR PRODUCTION AND DISTRIBUTION.

AND IN, UH, SOME OF THE STATES, THEY HAVE MANDATED THAT IT SHOULD BE VERTICALLY

[01:25:01]

INTEGRATED INDUSTRY.

MEANING THAT THERE ARE PEOPLE WHO, TO MAKE SURE THE QUALITY OF THE, UH, PRODUCT THAT'S GOING TO BE OUT ON A MARKET HAS TO BE RESPONSIBLE.

WELL, THAT'S WHAT THE LICENSES.

SO, UH, SO THAT'S, UH, THAT, THAT'S AGAIN THE QUESTION.

AND, UH, THE LAST QUESTION I HAVE IS HOW MUCH THE ECONOMIC BENEFIT THAT THE TOWN GOING TO GET, UH, WITH IT'S SIGNIFICANT, WHAT THE PROJECTION OF IT SO THAT THE PEOPLE OF, UH, TOWN OF GREENBERG HAS.

IT'S VERY, VERY SIGNIFICANT.

I SAW THE NUMBER, JUST THE COMMISSARIES, IT, THE COMMISSARIES, I CAN TELL YOU ARE VERY PROFITABLE FOR THE, FOR THE MUNICIPALITIES.

I SAW THE NUMBER FOR NEW YORK.

IT WAS, IT, IT WOULD'VE TRANSLATED TO WAY OVER A MILLION DOLLARS IN ADDITIONAL REVENUE FOR GREENBURG.

IF YOU JUST COMPARE POPULATION OF POPULATION, IT'S A VERY, VERY PROFITABLE BUSINESS.

AND THAT DOESN'T INCLUDE THE PRODUCERS.

OKAY.

SO YEAH, IT, IT'S, IT'S A BUSINESS.

YOU DON'T WANT TO HAND OVER TO WHITE PLAINS OR YONKERS FOR SURE.

AT LEAST ON, ON THE DISTRIBUTION BASE SIDE.

I'M NOT SURE ABOUT THE PRODUCTION SIDE.

IF WE EVEN HAVE A PLACE TO REALLY DO IT IN GREENBERG.

I'M NOT CLEAR ON THAT.

WALTER, YOU HAD A COMMENT.

AND GARRETT, I DON'T KNOW IF YOU NEED, MICHAEL HAD A COMMENT BEFORE ME.

UH, MICHAEL, GO AHEAD.

YEAH, LOOK, MAYBE, MAYBE WITH RESPECT TO THESE PRODUCTION FACILITIES, UM, I'M BASICALLY CLUELESS AFTER LISTENING TO ALL THIS AS TO WHAT WE SHOULD RECOMMEND.

BUT MAYBE WHAT WE SHOULD PUT IN THE RECOMMENDATION IS ALL THE ISSUES THAT HAVE TO BE EXPLORED.

YES.

THE WATER, THE WASTEWATER, THE SMELL, IT'S GONNA BE VENTED.

I MEAN, I DON'T KNOW WHAT IT SMELLS LIKE WHILE IT'S GROWN.

I KNOW WHAT IT SMELLS LIKE WHEN I'M SMOKING IT, BUT I YOU DO.

OH, OKAY.

THAT'S GOOD.

GOOD.

BUT SOUNDS LIKE POPCORN, DOESN'T IT? NORMALLY, TO ME IT SMELLS LIKE POPCORN.

MAYBE, MAYBE THAT'S HOW WE SHOULD, 'CAUSE I'M NOT SURE WE'RE GONNA RESOLVE THEM AT THE POINT.

I THINK THAT'S A GOOD POINT.

GARY, DID YOU EVER APPOINT TO WALTER? AND I WAS JUST GONNA SAY THAT, UM, DEFINITELY, OH, GO AHEAD WALTER.

GO AHEAD WALTER.

I'M SORRY.

I TOTALLY AGREE WITH MICHAEL.

THAT'S EXACTLY WHAT I, I WAS GOING TO SAY.

OKAY.

IS THAT, UH, UH, THE DISPENSARY, THE MEDICAL MARIJUANA, I THINK, YOU KNOW, WE SHOULD PUSH FORWARD AND DO THAT WHEN IT COMES FROM THE PRODUCTION.

THERE'S SO MANY UNKNOWNS THERE.

UH, UH, BECAUSE IN SPEAKING TO MICHAEL'S ISSUE, WHY ARE WE BEING DISCRIMINATORY AGAINST, UH, UH, THESE PRODUCTION? BECAUSE IN THE LITERATURE, WHETHER THESE NUMBERS ARE RIGHT OR WRONG, WE DON'T KNOW.

BUT ACCORDING TO THE LITERATURE, IT SUCKS UP A TREMENDOUS AMOUNT OF ELECTRICITY.

IT SUCKS UP A TREMENDOUS AMOUNT OF WATER.

THEREFORE, WE HAVE TO PUT SOMETHING IN PLACE TO DEAL WITH.

SO THAT ALL WE HAVE TO GET CLARIFICATION ON, IS IT OKAY.

AND SO I TOTALLY AGREE WITH MICHAEL'S APPROACH.

GOOD.

WE JUST LINE UP ALL OF OUR, UM, OKAY, GARRETT.

NO, I WAS JUST GONNA SAY, UM, DOES MAKE SENSE TO GENERALLY BUILD IN THE CONCERNS.

UM, AND, YOU KNOW, THERE IS A NEED FOR, YOU KNOW, METRICS AND SO ON.

BUT I, I, I DID BUILD UPON THE, UH, EMAIL THAT WENT OUT AND, AND I, I, I REALLY DO THINK IT WAS, UH, VERY ASTUTE OF THE PLANNING BOARD TO IDENTIFY THAT THERE SHOULD BE SOME SORT OF ENVIRONMENTAL SUSTAINABILITY PLAN.

UM, SO YEAH, THIS, THIS MAY NOT BE, YOU KNOW, WHAT MAKES IT, IT'S IT'S WAY INTO THE LAW, BUT WE, WE CAN SHARE THIS WITH YOU AS, UH, A BUILDING BLOCK OF A RECOMMENDATION.

AND THEN IF YOU WANNA TAKE IT FURTHER WITH, UM, YOU KNOW, GENERAL AND SPECIFIC CONCERNS ON TOP OF THIS, UM, THAT MAKES SENSE.

BUT I, I DO THINK THAT THIS WOULD BE VERY HELPFUL TO HAVE IN THE LOCAL LAW.

I, I THINK IT, I THINK IT IS A QUESTION IS WHETHER OR NOT WE THINK THEY'RE READY TO, TO PASS A LOCAL LAW ON, ON THE PRODUCTION.

LESLIE, DID YOU HAVE ANYTHING TO SAY ON THE, ON THE, I KNOW YOU'VE BEEN WORKING A LITTLE BIT IN THIS AREA.

DO YOU HAVE ANYTHING TO ADD ON THE ENVIRONMENTAL PART OF THIS, OR? WELL, NO, I WAS GOING, NO, ACTUALLY I AND I DO NEED MORE INFORMATION.

UM, BECAUSE THE WAY THAT IT WAS WRITTEN FROM THE C A C IS A LITTLE VAGUE.

UM, SO JUST REALLY TRYING TO GET THE NUMBERS BEHIND IT AND DETERMINING THE SQUARE FOOTAGE AND THEN HOW MUCH ENERGY USE, AND THEN ALSO WHETHER OR NOT IT CAN BE MITIGATED.

AND THEN TO MICHAEL'S POINT, IN TERMS OF DISCRIMINATION, YOU KNOW, I THINK I WAS LISTENING TO THE C A C AND THEY WERE TALKING ABOUT COCA-COLA AND THE AMOUNT OF WATER THEY USE.

I KNOW THAT WE WANNA MOVE FORWARD AND, YOU KNOW, ALLOW US TO START MAKING THESE RULES.

BUT CAN WE DO THAT? UH, WE CAN'T MANDATE ANYTHING, SO IT'S NOT NECESSARILY TRUE.

OKAY.

OKAY.

SO COCA-COLA IS DIFFERENT.

COCA-COLA PRODUCES A LIQUID, SO THEY'RE PUTTING IT BACK OUT THERE.

OKAY.

SO THEY MAY BE TAKING OFF WATER, BUT THEY'RE PUTTING THE, THEY'RE ACTUALLY SHIPPING THE WATER FLAVORED AND, AND CARBONATED ABA OUT THERE.

SO IT'S NOT QUITE THE

[01:30:01]

SAME SITUATION AS THE WATER JUST BEING SUCKED INTO TO GROW A MARIJUANA PLANT.

THE PROBLEM I HAVE, AND, AND I WANT TO KEEP THIS REALLY SIMPLE, 'CAUSE I THINK, I THINK MICHAEL ACTUALLY HAS THE BE REALLY IS RIGHT ON.

I THINK WE'RE, WE'RE VERY FIRM ON THE FIRST PART OF THIS, WHAT WE WANT TO DO WITH THE DISPENSARIES.

I THINK THAT'S VERY CLEAR.

I THINK THE SECOND PART WE CAN SAY WE'RE VERY CONCERNED THAT THE TOWN DOES NOT HAVE ENOUGH INFORMATION TO ACTUALLY AT THIS TIME, CRAFT A LAW FOR THESE TYPES OF PRODUCTION FACILITIES AND WOULD REQUEST A STUDY BE DONE BEFORE THEY DO CRAFT THAT LAW.

AND THEN GARY, TAKE THE WONDERFUL WORDS YOU TO WHAT THE ISSUES ARE AS THE REASON WE FEEL THAT WAY.

RIGHT.

OKAY.

BECAUSE ONE OF THE THINGS, YOU KNOW, UH, WALTER'S A SCIENTIST, SO HE IS ALWAYS GONNA THINK NUMBERS, BUT THAT'S RIGHT.

OKAY.

HOW DO YOU EVALUATE WHAT A LOT OF CONSUMPTION IS IF YOU DON'T HAVE CRITERIA? YOU NEED TO HAVE SPECIFIC CRITERIA.

YOU NEED TO BE ABLE TO QUANTIFY THIS SOMEHOW.

AND UNTIL THEY CAN DO THAT, I DON'T KNOW HOW WE'D REGULATE THESE THINGS.

I DON'T KNOW HOW MANY YOU'D EVEN WANT.

I'M NOT SURE YOU WANT ANY OF THESE IN GREENBURG AND I, 'CAUSE I DON'T EVEN KNOW WHERE THEY'D GO UNLESS THEY TOOK OVER A GOLF COURSE.

I GUESS YOU COULD DO THAT.

UM, BUT YOU DON'T HAVE THAT ABILITY.

YOU CANNOT, UH, YOU CANNOT, UH, LEGISL IT OUT.

NEW YORK STATE DOES NOT ALLOW YOU TO DO THAT.

AND THAT'S WHAT, BUT WE CAN LIMIT IT.

RIGHT? YOU MAY, YOU MAY LIMIT IT AND ABSOLUTELY, AND THAT'S WHAT WHAT I'M URGING IS THAT YOU, UM, RAISE THE QUESTIONS, MAKE SURE THE TOWN BOARD IS AWARE OF THIS, BUT IF THERE IS NO LAW PASSED, AND THIS GOES ON, WHICH CAN HAPPEN HERE IN GREENBURG ON TO IN AUGUST, SEPTEMBER, OCTOBER, NOVEMBER, THAT IS NOT GONNA SERVE THE PURPOSE.

AND SO WHAT I THE DEFAULT WILL BE IS THAT, UM, THESE IS THAT, UM, THESE USES WILL BE PERMITTED, UM, IN ANY DISTRICT AS A PERMITTED USE, NOT EVEN SPECIAL PERMIT THAT ALLOWS WAREHOUSING.

OKAY.

THAT'S WHAT I'M WARNING YOU ABOUT.

OKAY.

OKAY.

WELL, AND WE SHOULD MAKE THAT CLEAR TO THAT IN THE RECOMMENDATION TOO.

I WOULD RECOMMEND THAT THEY IMMEDIATELY GO AHEAD AND DO WHAT WE SUGGESTED WITH, WITH, WITH THE DISPENSARIES AND MAKE A DECISION.

THERE'S NO REASON NOT TO ON THIS.

I THINK THEY SHOULD TAKE A MONTH OR TWO.

OKAY.

AT A MINIMUM, SAY THE LAW LAWS TO WITH STANDARDS TO BE DETERMINED OR SOMETHING LIKE THAT, IF YOU HAVE TO PASS SOMETHING AND, AND, AND THEN ALSO LIMIT THE DAMAGE DAMAGE TO, TO MAYBE A MAXIMUM OF TWO OF THESE THINGS.

SO HOW MUCH TO TRY TO LIMIT THE DAMAGE.

CORRECT.

I SEE.

SEE YOU, CRAIG, GO AHEAD.

I THINK, UH, I THINK I HEAR GARRETT AND DAVID, WHAT THIS REALLY SAYING IS THAT DON'T DELAY, UH, THE THINGS CONSIDER, AND THEN THE FOLLOW UP QUESTION, WE CAN ALWAYS GO BACK AND MODIFY THE LAW.

SO I THINK, UH, IT'S LIKE A BIG JUGGERNAUT COMING.

LET'S, WELL, HERE'S AN IDEA.

LET GET THE, GET THE TOWN BENEFIT OF IT AND THEN DON'T HAVE LIKE, WHAT WE HAVE SEEN FOR SO MANY THINGS THAT GOES TO EITHER WHITE PLAINS OR YONKERS.

AND WE HAVE A, UM, WE, WE KIND OF HAVE A KIND OF SHORT END OF THE STICK.

LET ME SUGGEST THIS, THEN I, I'D STILL WRITE THE TWO PARTS OF THE RECOMMENDATION, AS WE SAID, WRITE AN ALTERNATIVE.

ONE OPTION WE HAVE IS WE COULD GIVE THE SPECIAL PERMIT SUNSET HA HAVE THE SPECIAL PERMIT IS SUNSET LEGISLATION WHERE THEY HAVE TO COME BACK EVERY YEAR.

AND IF THEY'RE EXCESSIVE BEYOND, YOU KNOW, IN SOME PROBLEMATIC WAY IN TERMS OF USAGE OF ELECTRICITY AND OR WATER BASED ON THEIR PLAN, WE WILL HAVE TO REVISIT IT.

SOMETHING LIKE THAT.

WE'VE DONE THAT WITH THE CAMP RAY LAW.

WE CAN DO IT HERE.

I THINK YOU, THE IDEA IS THAT WE SHOULD NOT HAVE A PARALYSIS.

I'M AGREEING WITH YOU.

I'M TRYING TO, I'M TRYING TO GIVE YOU A WAY OF DOING THAT.

THAT'S, I AGREE WITH YOU.

I'M NOT DISAGREEING WITH YOU AT ALL.

I'M JUST SAYING I WOULD WRITE THAT UP WITH A WARNING.

OKAY.

THAT THEY REALLY NEED TO FIGURE OUT WHAT THOSE CRITERIA ARE.

I THINK YOU'RE IN THE RIGHT WAY IN THE ENERGY MANAGEMENT PLAN.

OKAY.

MAYBE YOU COULD PUT SOME WORDS IN THERE TO THE SATISFACTION OF WHOEVER, YOU KNOW, CON ED, UH, WHOEVER IN, IN THERE.

I DON'T KNOW WHAT WORDS YOU CAN PUT IN THERE.

I'D REALLY LIKE TO KNOW WHY YOU CAN'T REQUIRE ALTERNATE ENERGY IN THERE.

IF THERE'S A LEGAL REASON NOT TO REQUIRE IT.

I'M NOT SURE WHAT THAT WOULD BE.

OKAY.

BUT I'D LIKE TO KNOW THAT AS WELL.

AND I WOULD ALSO RECOMMEND THAT WE DON'T ALLOW MORE THAN TWO OF THESE.

AND I DON'T KNOW WHAT ZONES EITHER.

GARRETT.

I DON'T KNOW.

WHERE, WHERE ARE YOU GONNA PUT THESE? YOU DON'T WANT PUT 'EM ON GOLF COURSES BECAUSE WE'RE ALL IN RESIDENTIAL AREAS, SO YOU DON'T

[01:35:01]

WANT PUT 'EM THERE.

SO YOU DON'T WANT PUT 'EM IN NURSERIES.

IT'S, THEY'RE IN RESIDENTIAL AREAS.

SO WHERE ARE WE? WHERE WOULD YOU PUT THESE? ANY ? WELL, WE HAVE AT THE L I G I AND, AND PD DISTRICT.

I MEAN, WHAT, WHAT ONE T IS, YOU KNOW, DEFINITELY SEEMS LIKE THERE'S CONSENSUS WITH REGARD TO THE DISPENSARY ASSISTANCE.

WE CAN, WE KNOW WE HAVE A CLEAR PATH PATH TO WRITE UP BOTH THE RECOMMENDATION AND THE REPORT, UH, WITH REGARD TO THESE OTHER USES.

UM, WE COULD BASICALLY SEND BACK A RECOMMENDATION AND A REPORT THAT SAYS, YOU KNOW, YOU DON'T THINK THE TOWN BOARD SHOULD GO AHEAD UNTIL YOU HAVE X, Y, AND Z FIGURED OUT.

AND WE'LL TALK TO THE TOWN BOARD, FIGURE OUT IF MAYBE THEY JUST WANNA ADVANCE A LOCAL LAW WITH THE DISPENSARIES AT THIS TIME, AND PERHAPS THE OTHER ONE'S STUNTED BY TWO OR THREE MONTHS.

AND MAYBE WE COME BACK TO YOU WITH A MORE FORMULATED, UH, LOCAL LAW.

MAYBE WE HIRE A CONSULTANT TOO, PERHAPS.

YEAH.

MAYBE WE HIRE A CONSULTANT WHO ACTUALLY HAS SOME .

BUT IN THAT, IN THAT WAY, WE CAN, WE CAN ACTUALLY WRITE UP THE FULL RECOMMENDATION AND REPORT ON BOTH RIGHT NOW.

YES.

UM, WHICH GIVES US HOMEWORK AND GIVES THE TOWN BOARD SOME OPTIONS TO KIND OF MOVE FASTER WITH THE DISPENSARIES AND YES.

MAYBE PUMP THE BRAKES ON THE OTHER USES.

MICHAEL, ONE SECOND.

YEAH.

BY, BY THE WAY, I, I, I THINK THEY MAY BE A MISCONCEPTION ABOUT THESE, THESE FACTORIES.

I, YOU KNOW, YOU, I KNOW YOU MENTIONED GOLF COURSES, BUT I AM ASSUMING, AND I DON'T KNOW, BUT I'M ASSUMING THAT THESE PRODUCTION FACILITIES ARE COMPLETELY ENCLOSED WITH THEY ARE, RIGHT.

AND THEY HAVE GROW LIGHTS AND THEY HAVE, THEY ARE IRRIGATION SYSTEMS, SO ON AND SO FORTH.

SO, I MEAN, YOU PUT IT BASICALLY IN A FACTORY ZONE.

THAT'S WHAT WE'VE DONE.

YES.

YES.

SO NOT ON THE GOLF COURSE, WHICH IS SINGLE FAMILY ZONING ONLY PD.

RIGHT.

UM, L I G I IS WHAT THE WAY WE CONFIGURED IT, NURSERIES HAVE GREENHOUSES TO, TO TOO, THAT'S WHY I MENTIONED WE'RE NOT TALKING ABOUT GREENHOUSES.

RIGHT.

THE SINGLE FAMILY DISTRICTS HERE.

OKAY.

SO I, I THINK YOU'D WRITE IT THAT WAY.

I WOULD ADD THOUGH THE CON DAVE'S CONCERN THAT, UM, TIME IS OF THE ESSENCE OF GETTING TO THE BOTTOM OF WHAT IS NECESSARY TO, TO, TO CREATE THE PROPER CRITERIA FOR THE SPECIAL PERMIT O ON, ON A PRODUCTION FACILITIES AS WELL.

OKAY.

GOT IT.

GOOD.

OKAY.

GARY, THIS IS THE LAST WORD, WALTER.

GO AHEAD.

'CAUSE WE'VE REALLY GOTTA MOVE ON.

YEAH.

BUT THEN I'M A LITTLE CONFUSED ABOUT THE TIMING BECAUSE DAVE, IT'S INTIMATED THAT, YOU KNOW, SEPTEMBER OR NOVEMBER THAT MIGHT BE, UH, UH, A DATE WHERE THE STATE WILL DROP IN.

AND NOW WE'RE RECOMMENDING TO MOVE FORWARD ON THE DISPENSARY MEDICAL.

BUT THE, UH, BUT THE DELAY ON THE MANUFACTURING, SO THE TWO SEEM TO BE IN CONFLICT.

SO I, IF DAVE, YOU COULD CLARIFY THAT FOR YOU'D BE HELPFUL, I'D RECOMMEND THAT YOU MOVE AHEAD ON BOTH.

HOWEVER, GIVEN WHERE THE BOARD IS, IF YOU, WE SAY THAT WE ARE OF THIS LANGUAGE, UH, FOR THE, YOU KNOW, WITH RESPECT TO DISPENSARIES, AND WE SAY THE TOWN BOARD, AND IT CAN BE WITH CONSULT CONSULTATION WITH THE PLANNING BOARD, YOU KNOW, THERE CAN BE A BACK AND FORTH, UH, WHERE OUR CONCERNS ARE.

BUT, YOU KNOW, I WOULD LIKE TO SEE THAT THEY GET THIS THING PASSED, UH, BY THE SECOND MEETING IN SEPTEMBER.

UM, I THINK THAT THAT GIVES THEM ENOUGH TIME TO HIRE EXPERTISE.

YEAH.

YEAH.

OKAY.

YEAH.

OKAY.

JUST, I, I WOULD REALLY JUST OUTLINE, WHICH I THINK YOU DID A GREAT JOB OF, GARRETT.

THESE ARE THE, ARE THESE ARE THE ISSUES THEY NEED AND, BUT THEY NEED TO BE QUANTIFIED.

YOU MAY WANNA FIND AN EXPERT SO YOU CAN QUANTIFY THIS STUFF.

THAT'S WHAT I WOULD DO.

OKAY.

ALL RIGHT.

AND BRING IT BACK ON THE 20TH AND, UH, WE CAN VOTE ON IT THEN.

I'LL, I'LL BE ON A LAKE IN CANADA SOMEWHERE BY THEN, BUT THAT'S OKAY.

WE CAN DO THAT.

ALL RIGHT, LET'S MOVE ON.

WE'RE, WE'RE ACTUALLY RUNNING BEHIND TONIGHT, 'CAUSE OF WALTER.

UM, IT HAPPENS.

SORRY ABOUT THAT.

EVERYBODY ELSE, BUT, YOU KNOW, SOME PEOPLE JUST DON'T LEARN.

WHAT CAN I TELL YOU? OKAY.

NEXT, NEXT, UH, CASE IS, UH, TOM, BOARD CASE 21 DASH 16 PPP 21 DASH 31.

MID MIDWAY SHOPPING CENTER.

IS MR. NELL THERE? YEAH, THERE HE IS.

HI, MR. NELL, HOW ARE YOU? YES, I, I'M, UH, I'M VERY WELL, MR. CHAIRMAN AND MEMBERS OF THE BOARD.

GOOD TO BE HERE TONIGHT.

I'M GONNA HAND OFF TO MY COLLEAGUE DAN PATRICK TO, UH, PRESENT, UH, THE UPDATE ON, UH, FROM LAST SESSION, WHICH AS YOU KNOW, WE SUBMITTED DOCUMENTS ON THE 22ND AND THE 29TH OF JUNE.

DAN, YOU WANNA YES.

THANK YOU FOR THOSE, BY THE WAY.

APPRECIATE IT.

THANK YOU, MR. PATRICK.

PATRICK, GET STARTED.

YOU'RE ON MUTE, DAN.

HOLD ON.

UH, AARON? YES.

I'M SORRY.

I JUST WANTED TO NOTE THAT WE DO HAVE MR. JOHN CANNING THE TOWN'S TRAFFIC CONSULTANT FOR THE PROJECT ON THIS EVENING WITH US IN THE EVENT THERE ARE ANY QUESTIONS FOR JOHN BEFORE WE GET INTO WHAT YOU'RE GOING TO ADDRESS TONIGHT? I JUST WANNA PAINT A LITTLE BIT OF

[01:40:01]

A PICTURE HERE.

OKAY.

I, I WENT THROUGH AS MUCH OF THAT MATERIAL AS I COULD.

I SPENT SEVERAL HOURS GOING THROUGH WHAT YOU SENT, SENT THE OTHER DAY TO THIS FOR THIS MEETING.

I WANT TO MAKE SURE IT'S VERY CLEAR TO EVERYBODY THAT THE CONCERN REALLY IS THE NORTHERN HALF OF THE PARKING LOT, THAT THE MAJORITY OF THE CONCERN, NOT THE ONLY CONCERN, THE MAJORITY OF IT IS THERE IN TERMS OF LOOKING AT THE OVERALL NUMBERS AND THE PARKING.

I, MY PERSONAL OPINION IS I COULD CARE LESS.

IT'S ACTUALLY, THEY'RE NOT, THE COUNTER ISN'T EVEN CORRECT BECAUSE A HUNDRED OF THOSE SPACES DON'T, DON'T HAPPEN TO BE LEGAL ON THE ROOF.

OKAY? THEY, THEY'RE NOT COMPLIANT.

BUT THE CONCERN IS, IS SEEING WHETHER OR NOT WE CAN DO THIS ADDITIONAL TRAFFIC ON THAT PART OF THE PROPERTY WITHOUT CREATING, UH, A LOT OF SAFETY ISSUES WITHOUT, WITHOUT CREATING PARKING ISSUES.

THAT'S REALLY THE CRUX OF WHERE WE'RE AT.

MM-HMM.

, WE UNDERSTAND THE COMMERCIAL ISSUE REAL WELL, AND BELIEVE ME, WE DON'T WANT ANY EMPTY BUILDINGS ANYMORE THAN YOU DO.

OKAY.

SO WITH THAT, MR. PATRICK, AS YOU GO THROUGH IT, I DON'T WANNA LOOK AT 1300 SPACES.

I DON'T CARE.

OKAY.

WE DON'T CARE.

PERFECT.

THANK YOU VERY MUCH.

WELL, I APPRECIATE THAT AND WE CERTAINLY APPRECIATE THAT FEEDBACK.

AND JUST TO REGROUP FROM WHERE WE WERE LAST MONTH, LIKE YOU INDICATED WE WERE HERE ON JUNE 15TH, UM, WE PRESENTED THE FULL APPLICATION AT THAT POINT.

WE HEARD A LOT OF THE COMMENTS THAT WERE RAISED DURING THAT MEETING.

UH, WITH THOSE COMMENTS WE WENT BACK TO AS A GROUP AND WE CONTINUED WORKING ON THE PLANS AND THE MATERIALS THAT WE SUBMITTED.

WE SUBMITTED A NUMBER OF ADDITIONAL ITEMS, ONE OF WHICH BEING THE PARKING ANALYSIS.

UM, THAT REVISED PARKING ANALYSIS DEMONSTRATES THAT THERE IS NO, UM, ISSUE WITH ANY OVERFLOW PARKING THAT WOULD NEED TO BE ACCOMMODATED BY THE ADJACENT PARKING SUB AREAS.

YOU KNOW, THAT WAS A CONCERN THAT WAS RAISED DURING THE LAST MEETING.

BUT WE'VE DEMONSTRATED THAT, YOU KNOW, IN THE EVENT THAT THE PROPOSED NEW USES WILL EXCEED WHAT'S THE PARKING AVAILABLE IN THE PROVIDED SUB AREA, THERE ARE ADJACENT SPACES IN THE, OR ADDITIONAL SPACES IN THE ADJACENT SUB AREAS TO ACCOMMODATE ANY SUCH OVERFLOW.

UH, WE'VE ALSO REVISED THE ON ONSITE CIRCULATION PATTERNS.

WE'VE SIMPLIFIED THE PEDESTRIAN CONNECTION WITH THE MAIN SHOPRITE BUILDING, UM, TO THE FORMER ADDRESS BARN LOCATION, WHICH IS THE LOCATION WHERE THE PROPOSED RESTAURANT AND QUICK SERVICE FACILITY IS BEING PROPOSED.

UM, WE'VE ALSO ADDED SOME GUIDE RAILS IN BETWEEN SOME PARKING SPACES IN ORDER TO ADDRESS ALL THE COMMENTS RAISED LAST MONTH ABOUT, UM, TRIPS OR VEHICLES PASSING OVER, UM, PARKING SPACES AND CUTTING THROUGH AND CUTTING ACROSS.

SO, UM, ONE OTHER ITEM THAT WE PROVIDED, OR THAT WE UPDATED THE PLANS WITH WAS A DECELERATION LANE AND A RIGHT TURN LANE OFF OF ARDSLEY ROAD.

SO WE'RE HOPING THAT THAT IMPROVEMENT WILL BETTER EASE VEHICLES ENTERING INTO THIS SITE AND REALLY CONTROL THE ACCESS IN AND HOPEFULLY ADDRESS SOME OF THE CONCERNS I RAISED BEFORE.

AND, UH, ONE OTHER ITEM THAT I WANTED TO RAISE, AND I, AFTER THIS, I'LL TURN OVER TO ROB ALO OF J M C TO KINDA GIVE, WALK YOU THROUGH THE PLANS IN MORE DETAIL AND SHOW YOU EXACTLY WHAT WE'RE TALKING ABOUT HERE.

BUT IS THE, THE NEW CROSSWALKS THAT WERE ADDED, A NEW CROSSWALK THAT WAS ADDED ACROSS LEY ROAD.

UM, THIS WAS ADDED TO THE PLANS AT THE RECOMMENDATION OF THE TOWN STAFF.

UM, DURING AND AFTER LAST MEETING SINCE WE SUBMITTED LAST WEEK, WE HAVE BEEN DISCUSSING AS A TEAM, AND WE THINK WE'VE COME TO A, UM, A REVISED PROPOSAL FOR THAT.

WE THINK IT MAKES PEDESTRIAN CIRCULATION A LITTLE BIT SAFER AND A LITTLE BIT MORE, UM, MAKES A LITTLE BIT MORE SENSE WITH THE EXISTING BUILDINGS AT THE SIGN OF THE PARKING AREA.

SO, UH, WE'RE HOPEFUL THAT THESE ITEMS WILL ADDRESS SOME OF THE CONCERNS RAISED BEFORE WE UNDERSTAND THAT THERE MIGHT BE MORE ISSUES THAT WILL COME UP AND WE'LL CONTINUE WORKING WITH YOU ALL, BUT HOPEFULLY THESE ARE SOME OF THE BIGGER ITEMS THAT, THAT WE CAN MOVE FORWARD AND, UM, HOPEFULLY ADDRESS SO WE CAN PROGRESS THIS APPLICATION.

SO WITH THAT, I'LL ASK ROB IF HE CAN, IF HE HAS ACCESS, IF HE CAN PULL UP HIS PLANS AND WALK THE BOARD A LITTLE BIT MORE DETAIL THROUGH THE REVISIONS THERE.

ALMOST.

UH, THANK YOU DAN.

GOOD EVENING, MR. CHAIRMAN, MEMBERS OF THE BOARD, UH, ROB ELLO WITH, UH, J M C.

WE ARE THE ENGINEERS AND TRAFFIC ENGINEERS ON THE, UH, PROJECT.

SO AS, AS DAN MENTIONED, WE'VE MADE A NUMBER OF REVISIONS TO THE SITE PLAN BASED ON, UH, OUR CONVERSATIONS WITH THE BOARD AT OUR LAST MEETING ON, UH, JUNE 1ST, AS WELL AS BASED ON CONVERSATIONS AND COMMENTS RECEIVED BY, UH, TOWN STAFF AND THE BOARD'S, UH, TRAFFIC CONSULTANT.

UM, SO THE, THE PLAN I HAVE UP ON THE SCREEN RIGHT NOW IS THE REVISED PLAN, AND I WOULD LIKE TO, UH, SPLIT SCREEN IT WITH THE PRIOR PLAN.

LEMME JUST DRAG THAT OVER HERE SO YOU CAN GET A GOOD IDEA OF WHAT HAS CHANGED SINCE THE LAST, UH, SUBMISSION.

SO ON THE LEFT HAND SIDE IS THE PRIOR PLAN THAT WE, UH, PRESENTED

[01:45:01]

TO THE BOARD.

AND ON THE RIGHT HAND SIDE IS THE MOST RECENT PLAN SUBMITTED TO THE BOARD, WHICH HAS BEEN REVISED, UH, REGARDING, DO YOU WANNA JUST, UH, ZOOM OUT A LITTLE BIT? SO THEY'RE THE SAME AREAS ARE SHOWN.

ROB, PLEASE ON LEFT AND RIGHT.

ZOOM OUT ON THE RIGHT, ON THE RIGHT, ZOOM OUT ON THE RIGHT, JUST A LITTLE BIT IF YOU WOULD.

THANK YOU.

OKAY.

OKAY.

SO THE FIRST CHANGE, UH, AS DAN MENTIONED, WE'VE ADDED A RIGHT HAND DECELERATION LANE COMING INTO ARLEY ROAD, UH, THAT WILL ALLOW FOR ADDITIONAL QUEUING AND STORAGE VEHICLES AS YOU'RE COMING, UH, EASTBOUND ON ARLEY ROAD, UH, RATHER THAN HOW WE PREVIOUSLY PROPOSED IT TO HAVE THIS DRIVEWAY EXCEPT BOTH LEFT-HAND TRAVELING WESTBOUND AND EAST, UH, RIGHT HAND TURNS TRAVELING EASTBOUND.

SO THAT IS, UH, ONE OF THE UPDATES THAT WE MADE, AND THAT'S REFLECTED IN OUR TRAFFIC STUDY THAT WE SUBMITTED THAT, UH, YOU KNOW, MARK PETRO FROM JAMES C CAN SPEAK TO, UH, IN MORE DETAIL LATER.

UH, THE NEXT CHANGE THAT WE MADE IS WE ADDED, UH, A GUIDE RAIL HERE, UH, ALONG THIS PARKING LANE TO PROVIDE A, A BARRIER TO KEEP PEOPLE FROM TRYING TO KIND OF SHORTCUT THE TRAFFIC FLOW THAT WE'RE LAYING OUT.

SO PREVIOUSLY WE DIDN'T HAVE THAT GUIDE RAIL, AND NOW WE DO.

AND THAT WILL, UH, HELP DIRECT PEOPLE TO EITHER USE THIS LEFT-HAND TURN LANE TO COME IN FRONT OF THE BUILDING WHERE WE'RE PROPOSING THE CHANGES OF USE OR TO CONTINUE GOING FORWARD, UH, TO THE CORNER HERE WHERE YOU CAN GO AND ACCESS, UH, MORE OF THE PARKING AISLES OR THE MAIN DRIVE IN FRONT OF THE MAIN BUILDING ON THE SHOPPING CENTER.

SO THAT WAS, UH, A, A SECOND CHANGE THAT WAS MADE IN THAT SAME AREA.

UH, WE, WE WERE TALKING ABOUT ONSITE PEDESTRIAN CIRCULATION AND, UH, YOU KNOW, WAYS TO, UH, MAKE IT BETTER, MAKE IT SAFER, AND ALSO TO CONNECT MORE PORTIONS OF THE SITE.

SO, UH, THIS ON THE LEFT IS WHAT WAS PREVIOUSLY PROPOSED, WHICH, YOU KNOW, SOMEWHAT MIMICS THE, UH, WHAT CURRENTLY EXISTS HERE.

THERE'S A, THIS IS EXISTING CONDITIONS, THE EXISTING AERIAL, AND IT HAS THIS CROSSWALK COMING IN THIS LOCATION.

SO WE KIND OF RETHOUGHT THAT CONCEPT.

AND WE NOW HAVE, UH, A CROSSWALK WHERE YOU, INSTEAD OF COMING ACROSS THIS MAIN DRIVEWAY, WE'VE MOVED THE STOP BAR BACK AND THE CROSSWALK BRINGS YOU HERE TO AN ISLAND WHERE WE REMOVED A FEW PARKING SPACES.

UH, THIS WILL BE A RACED CURBED ISLAND WITH LANDSCAPING, AND THERE'S A SIDEWALK, WHICH YOU CAN THEN CROSS THIS LANE AND THEN COME ACROSS TO AN ACCESSIBLE, UH, RAMP HERE TO GET FROM BUILDING TO BUILDING.

AND IT ALSO PROVIDED A NICE WAY TO CONNECT THE ROOFTOP PARKING AS WELL AS THIS WESTERN PARKING LOT, UH, BECAUSE NOW WE CAN BRING PEOPLE TO THESE SAME CROSSWALKS TO ENGAGE THIS PARKING, UH, FOR USE BY PATRONS OF THIS BUILDING.

SO THAT WAS A CHANGE TO THE ONSITE PEDESTRIAN, UH, CONNECTIVITY.

UH, WE ALSO, I'LL ZOOM IN A LITTLE BIT HERE SO YOU CAN GET A FEEL FOR IT.

WE ALSO RECEIVED A COMMENT FROM STAFF TO PROVIDE A CONCEPT AS TO HOW THE SEATING, UH, COULD BE PROVIDED.

AND WE'VE DONE SO BY, UH, ADDING A COMBINATION OF SEATS AS WELL AS PLANTERS.

UM, WE'VE HAD PREVIOUSLY PROPOSED, UH, BOLLARDS ALONG THE PERIMETER OF THE CURB TO PROTECT, UH, PEOPLE USING THE OUTDOOR SEATING AREA.

AND WE'VE RETAINED THOSE BOLLARDS AND ALSO ADDED SOME PLANTERS, UH, WHICH WILL PROVIDE SOME ADDITIONAL PLANTING, ALSO SOME PRIVACY, AND, UH, CAN BREAK UP THE SPACE AS WELL AS WE'RE SHOWING GRAPHICALLY HERE ABOUT 52, UH, OUTDOOR, UH, PARKING SPACES.

UH, I'M SORRY, OUTDOOR SEATING, UH, BOTH ON THE WEST, SOUTH, AND EAST SIDE OF THE BUILDING.

IS THAT A BUMP OUT, OUT, DO WE LOSE PARKING SPACES BECAUSE OF THAT CEILING FROM WHERE WE ARE NOW? WELL, WHAT HAPPENS, WHAT WE'VE REALLY DONE IS WE'VE TAKEN, I KNOW WHAT YOU DID OVER THERE.

THAT'S NOT WHAT I'M ASKING.

OKAY.

I'M ASKING IN THIS AREA WHERE YOU HAVE THE, THE OUTDOOR SEATING, ARE WE LOSING, DOES THAT TAKE AWAY POTENTIAL PARKING SPACES BY ADDING THAT OUTDOOR SEATING FROM WHERE WE WOULD BE NOW? UH, I, I DON'T THINK SO.

UH, YOU KNOW, BECAUSE WHAT WE'RE, WHAT WE'RE DOING IS WE'RE TRYING TO, UH, TAKE AWAY SOME OF THE PARKING FROM THE INTERSECTIONS IF POSSIBLE.

AND, YOU KNOW, POTENTIALLY YOU COULD MAYBE ADD ONE OR TWO MORE

[01:50:01]

HERE, BUT WE THOUGHT THAT THIS WAS A NICE SPOT TO HAVE.

THAT'S ON MY QUESTION.

RECEIVING AREA.

YOU ANSWERED MY QUESTION.

IT'S, IT'S ONLY YOU LOST MAYBE 2, 2, 2 SPACES.

THAT'S WHAT YOU'RE SAYING? YEAH.

OKAY.

ALRIGHT.

YEP.

THAT'S WHAT I WANTED TO KNOW.

OKAY.

UM, SO THAT, THAT'S A CONCEPT PLAN OF THE SEATING AREA.

NOW WE'LL ZOOM OUT A LITTLE BIT TO SHOW, UM, SOME IDEAS THAT WE HAD FOR SOME PEDESTRIAN CONDUCTIVITY ON ARLEY ROAD.

SO, UH, WHAT WE'VE DONE IS WE'VE PROVIDED A CROSSWALK AND A SIDEWALK, UH, HERE.

AND THEN WOULD, WE, WERE THINKING OF DOING A SIDEWALK ON THE NORTHERN, I'M SORRY, THE SOUTHERN SIDE OF ARLEY ROAD, WHICH WOULD THEN CONNECT TO A NEW CROSSWALK, WHICH WOULD BRING YOU TO THE, UH, EASTERN SIDE OF WEST VISTA AVENUE, WHERE THERE'S CURRENTLY A CONCRETE SIDEWALK, WHICH BRINGS YOU, UH, ALONG THE FRONTAGE OF GREENVILLE SHOPPING CENTER, AS WELL AS ALONG THE DEALERSHIP AND BRINGS YOU DOWN TO CENTRAL PARK AVENUE WHERE THERE ARE A SERIES OF, OF CROSSWALKS.

UH, SO, YOU KNOW, THAT WAS THE CONCEPT TO ADDRESS SOME ADDITIONAL PEDESTRIAN CONNECTIVITY ON ARLEY ROAD.

UH, BASED ON CONVERSATIONS WE HAD WITH, UM, YOUR TRAFFIC CONSULTANT.

UH, WE HAD INCLUDED YIELD SIGNS, I'M SORRY, YEAH, YEAH.

PEDESTRIAN YIELD SIGNS IN THIS LOCATION.

AND, UH, WE ARE NOW ALSO WILLING TO USE, UM, FLASHING YIELD SIGNS.

THEY HAVE THE ONES THAT ARE YOU, YOU KNOW, POWERED BY SOLAR ENERGY.

AND WHEN YOU PUSH THE BUTTON, IT WILL, UH, HAVE A RAPID FLASHING LIGHT TO BRING ATTENTION TO PEOPLE THAT WILL BE CROSSING IN THE CROSSWALK, AS YOU KNOW.

SO IT'LL BRING IT TO THE ATTENTION OF THE DRIVERS ON ARLEY ROADS.

SO THAT'S SOMETHING WE CAN INCORPORATE INTO THE PLANS, UH, GOING FORWARD.

AND AS WE LOOKED AT THIS IN A LITTLE MORE DETAIL, UH, TODAY AFTER OUR CALL WITH, UM, THE, UH, WITH STAFF AND ALSO WITH THE PLAN WITH THE TRAFFIC CONSULTANT, WE WERE THINKING THAT, YOU KNOW, THIS PLAN REQUIRED REGRADING OF THIS AREA, BECAUSE RIGHT NOW THE SIDEWALK IS PRETTY STEEPLY SLOPED, AND THERE'S ALSO AN EXISTING, UH, ARBOR, IE.

HEDGE IN A PLANTER, UH, IN A RAISED PLANTER THAT WOULD NEED TO BE REMOVED TO ACCOMMODATE THE, UH, SIDEWALK.

SO WE, WE WERE, UH, THINKING THAT, YOU KNOW, WE COULD PROPOSE AN ALTERNATIVE PLAN, WHICH STILL ACCOMPLISHES THE SAME GOALS, UH, BUT RATHER THAN FORCING PEOPLE TO WALK ALONG THIS AREA WHERE IT WOULD BE MORE DIFFICULT TO GRADE, AND WE END UP LOSING THAT ARBOR PROVIDEE HEDGE THAT'S BEEN ESTABLISHING ITSELF OVER THE PAST SEVERAL YEARS.

UH, WE COULD BRING PEOPLE INSTEAD OF ACROSS, BRING THEM ALONG THE BUILDING, HAVE THEM CROSS IN THIS LOCATION, AND THEN CONNECT THE SIDEWALK HERE TO THE SAME CROSSWALK LOCATION WHERE WE COULD ALSO INCLUDE THE RAPID FLASHING, UH, BEACONS FOR THE PEDESTRIAN CROSSING SIGNS.

OKAY.

AND, YOU KNOW, WE'LL CONTINUE TO WORK THROUGH THIS CONCEPT WITH THE, WITH STAFF AS WELL AS, UH, WITH THE, UH, TOWN WITH YOUR TRAFFIC CONSULTANT.

YOU, CAN I ASK A QUESTION HERE? YES, SIR.

GO RIGHT AHEAD.

UM, LOOK, REGARDING OUR CROSSWALK, I, I COME DOWN LEY ROAD FREQUENTLY MM-HMM.

, AND, YOU KNOW, IT'S A FAIRLY STEEP DOWNHILL, UM, PEOPLE, AT LEAST I, WHEN I COME DOWN THERE, I'M LOOKING AHEAD TO SEE THE LIGHTS.

YOU KNOW, IT'S A CONGESTED INTERSECTION.

YOU HAVE TO WATCH THE CARS IN THE MIDDLE AND THE RIGHT.

IS IT REALISTIC TO THINK THAT PEOPLE WILL STOP AT THAT CROSSWALK FOR PEDESTRIANS EVEN WITH THE FLASHING LIGHTS? I JUST HAVE A QUESTION ABOUT IT BECAUSE, UM, I'M A LITTLE BIT DUBIOUS.

I APPRECIATE THE CROSSWALK, BY THE WAY.

I THINK IT'S A GREAT IDEA BECAUSE ON THE SOUTH SIDE OF ARDSLEY, THERE'S NO SIDEWALK, YOU KNOW, WHEN YOU ARE WALKING IN THE STREET.

BUT WILL CARS REALLY STOP? WELL, I, I THINK MARK MIGHT BE ABLE TO ADDRESS THAT IN A LITTLE BIT MORE DETAIL, BUT AS WE WERE LOCATING THIS, WE WERE CONSIDERING THE CURVE IN ARLEY ROAD TO THE WEST OF THE DRIVEWAYS, THE SLOPE AS YOU'RE COMING DOWN THE HILL.

AND IT TENDS TO FLATTEN OUT IN THIS LOCATION.

AND THAT'S WHY WE CHOSE THIS LOCATION.

WE FIGURED THIS WAS A MORE NARROW PORTION OF THE STREET BEFORE YOU GET DOWN TO WHERE THE TURN LANES FORM AS YOU APPROACH CENTRAL AVENUE, UH, IT GIVES YOU SOME ADDITIONAL ROOM AS YOU COME DOWN THIS TURN AND DOWN THIS GRADE, UH, TO SEE YOU'RE STARTING TO PICK UP THE TRAFFIC LIGHT.

SO THAT'S ANOTHER REASON WHY WE DIDN'T DO IT HERE.

WE MOVED IT DOWN THE ROAD AND THE IDEA OF INCLUDING THE FLASHING LIGHTS, YOU KNOW, WAS A GREAT IDEA, UH, BECAUSE IT BRINGS ATTENTION

[01:55:02]

TO THE PEOPLE THAT ARE LOOKING TO CROSS.

SO, YOU KNOW, THAT THAT WAS THE THOUGHT PROCESS AND, AND THE REASON WHY WE PUT IT WHERE IT, WHERE IT IS IN A MORE NARROW LOCATION ON THE STREET IN A LOCATION THAT'S FURTHER AWAY FROM THE TURN AND FROM THE STEEP PROPORTIONS OF THE GRADE, UH, THE STEEP PROPORTIONS OF LEY ROAD.

UH, BUT WE CAN CERTAINLY, YOU KNOW, CONTINUE TO LOOK INTO THIS, YOU KNOW, AS WE DEVELOP THE PLANS.

NO, DON'T, DON'T GET ME WRONG.

I THINK, I THINK A CROSSWALK WITH THE FLASH FLASHING LIGHTS IS A GREAT IDEA, BUT I HATE TO SEE SOMEBODY WALKING ACROSS THERE AND A DRIVER REALLY, YOU KNOW, NOT AWARE.

AND, UM, I, I JUST, I JUST HATE TO SEE IT CREATE A HAZARD RATHER THAN SOLVE A PROBLEM.

BUT I, BUT I DO APPRECIATE THE THOUGHT PROCESS THAT WENT INTO IT.

THANK YOU, MICHAEL CORT? YEAH, I THINK, UH, UH, TWO, TWO CORRECTIONS AND COMMENTS.

UH, QUESTION NUMBER ONE, IS IT, WHERE IS THE BUS? THERE IS A BUS STOP ON THAT, UH, UH, SIDEWALK THAT YOU'VE MENTIONED.

IT'S ABOUT LIKE A, A 30 DEGREE INCLINE.

UH, AND, UH, I LIKE YOUR PLAN TO HAVE THE SIDEWALK WIDE ENOUGH SO PEOPLE CAN, UH, TAKE A, CAN, CAN WAIT FOR THE BUS AND HAVE ACCESS TO THE BUS STOP FROM THE, UH, FROM THE SHOPPING CENTER.

SO I LIKE THAT PLAN THAT YOU HAVE RATHER THAN THE OPTIONAL PLAN THAT, UH, MAKES PEOPLE TO GO.

AND I DON'T KNOW ABOUT THE BUS STOP WOULD BE, UH, AND, UH, SECOND QUES SECOND, UH, SORT OF QUESTION COMMENT IS THAT, UH, IN PEAK HOURS, UH, THERE IS ABSOLUTELY NO THE, THE, THE CARS BACK UP ALL THE WAY TO THE DEALERSHIP, FORD DEALERSHIP.

AND IT WOULD BE KIND OF A VERY DIFFICULT FOR ANYBODY TO MAKE A, A LEFT TURN FROM THE SHOPPING FACTORY.

IT IS, RIGHT NOW, IT IS A PROBLEM TO DO IT.

SO HAVE YOU THINK, HAVE YOU THOUGHT ABOUT PRO PROVIDING A REGULAR, UH, TRAFFIC LIGHT SO THAT, UH, ALL THESE CONCERNS THAT WHAT YOU'RE DOING? IT IS GOOD IDEA TO HAVE A FLASHING YIELD SIGN, BUT IF YOU HAVE A REGULAR, UH, TRAFFIC LIGHT WILL SOLVE SO MANY OF THE PROBLEM MAKING A LEFT TURN, STOPPING THE TRAFFIC SO THAT PEOPLE CAN GET OUT, UH, FROM THE, FROM THE SHOPPING CENTER TO MAKE A, UH, LEFT TURN.

UM, BUT I LIKE, I, I LIKE YOUR KIND OF, UH, FIRST OPTION OF MAKING IT A SIDEWALK THAT WILL ALLOW PEOPLE TO GO AND, AND GO TO THEIR BUS STOP, UH, RATHER THAN HAVING, COMING FROM THE BACK OF THE, UH, BUILDING AND THEN CROSSING AGAIN AND THEN GETTING TO THERE.

SO, UH, I WOULD PREFER THAT, UH, ANYBODY'S COMING THERE EITHER FROM THE NORTH SIDE, UH, FROM THE TOP OF THE, UH, SORT OF JOANNE'S STORE OR ANY OTHER PLACE, THEY KNOW THAT THIS IS WHERE YOU WALK OUT AND PEOPLE WOULD LIKE TO WALK OUT OUTSIDE RATHER ON THE BACK OF THE BUILDING.

UM, AND I THINK THE INTERNAL CIRCULATION, UH, IT'S A GREAT, UH, UH, SUGGESTIONS ABOUT PROVIDING THE, UH, THE GUARDRAIL SO THAT THEY DON'T CROSS OVER AND ELIMINATING THAT, UH, TWO, THREE PARKING SPACES TO MAKE IT A VERY SAFE FOR PEOPLE TO TRAVEL.

BUT I THINK IT STILL NEEDS A, UH, CROSSWALK THAT WAS THERE BEFORE BECAUSE A LOT OF PEOPLE PARK GO TO THE SHOPRITE AND THEN THEY GO ACROSS AND TO HAVE A COFFEE OR SOMETHING AT PANERA.

SO I THINK THAT IS ALSO NEEDED OTHER THAN THEY GOING, UH, OTHER ACROSS AND THEN MAKING A RIGHT TURN AND COMING TO IT.

THANK YOU.

AND MONA, ARE, ARE YOU REFERRING TO THIS, UH, CROSSWALK HERE? YEAH, THAT IS THAT, I MEAN, SOME FORM OF IT.

HMM.

OKAY.

MONA, SO SORRY.

OH NO.

UM, UH, MR. CHAIRMAN, IF I, IF I MAY ALSO JUST, UH, ANSWER THE FIRST QUESTION.

SO THE BUS STOP IS ACTUALLY RIGHT, UH, AT THIS, IT'S, THE SIGN IS RIGHT NEXT TO THE UTILITY POLE, WHICH IS HERE.

SO THIS WOULD, WE COULD EXTEND THIS TO THE BUS STOP AND THIS WOULD GIVE YOU CONNECTIVITY TO THE, TO THE BUS STOP.

SO THAT IS WHERE THE BUS STOP IS LOCATED.

SORRY, UH, GO AHEAD.

WELL, THERE, GO AHEAD.

THERE WAS A LIGHT POLE THAT WAS AN ISSUE WITH WHERE WE WERE INITIALLY SHOWING THE SIDEWALK AS WELL, THAT MADE IT A VERY NARROW AND DIFFICULT TO NAVIGATE SIDEWALK UNDER THE INITIAL PLAN.

OKAY.

BUT THAT'S A NORMAL FLOW

[02:00:01]

OF THE PEOPLE WALKING.

SO YEAH, MAYBE, MAYBE HOW TO MAKE IT A, UH, SOME OTHER ADJUSTMENTS TO THE, UH, THE LANDSCAPING AND OTHER STUFF.

BUT THE PEDESTRIAN COMES FIRST, I THINK.

OKAY.

THANK YOU COR MONA.

OKAY, SO ON THE PLANS THAT WE RECEIVED IN OUR PACKET, THE HANDICAP SPOTS AREN'T VERY CLEARLY MARKED, BUT I AM SEEING THEM SOMEWHAT ON THE PLANS THAT ARE ON THE SCREEN, UM, RIGHT, THAT YOU HAVE HERE.

UM, SO I WAS WONDERING IF YOU COULD JUST, UM, SORT OF MOVE IT AROUND A LITTLE BIT FOR ME.

IT'S HARD.

I'M TRYING TO READ YOUR SCREEN AT THE SAME TIME.

, I'LL, I'LL, I'LL, I'LL STOP MOVING.

I PROMISE I'M GETTING DIZZY.

, SORRY.

UM, IF YOU COULD JUST, UM, GIVE ME AN IDEA OF HOW MANY HANDICAP SPOTS WE HAVE AND WHERE THEY ARE AT BECAUSE THEY WERE NOT INDICATED ON THE PLANS THAT WE RECEIVED IN OUR PACKET.

UM, I KNOW YOU GUYS REALLY RUSHED AND GOT EVERYTHING READY FOR US IN THE, WE ASKED FOR A LOT AND YOU PRODUCED , QUITE FRANKLY, I HAVE TO SAY, UM, IN A VERY SHORT PERIOD OF TIME, AND I'M NOT FAULTING YOU FOR MISSING ONE OR TWO THINGS, , RIGHT.

WELL, SO YOU COULD JUST TELL ME WHERE THEY ARE AND HOW MANY WE HAVE.

SURE.

SO THAT WAS ACTUALLY THE TOP OF A CONVERSATION THAT WE HAD TODAY ON, ON, ON THE CALL WHEN WE WENT THROUGH THINGS WITH THE, UH, TOWN TRAFFIC CONSULTANT AND TOWN STAFF.

UH, THE HANDICAP SPACES IN EXISTING CONDITIONS ARE LOCATED, UH, THERE ARE SOME LOCATED IN THIS LOCATION HERE.

AND WE HAD SOME REMNANTS OF THAT ON THE PLAN THAT WE SUBMITTED IN THIS LOCATION.

AS WE WERE LOOKING AT IT MORE CLOSELY, WE'VE, WE ADDED, WE, RATHER THAN HAVING THEM HERE, WE ADDED, WE HAD THESE TWO ORIGINALLY HERE, SO ONE AND TWO UHHUH WITH THE AISLE IN BETWEEN AND THE RAMP HERE.

OKAY.

AND, UH, JUST TODAY WE ACTUALLY ADDED TWO MORE HERE INSTEAD OF PUTTING 'EM IN THE CENTER PARKING FIELD.

OKAY.

SO ANOTHER THAT MAKES MORE SENSE TO ME ACTUALLY.

YEAH.

SO THERE'S A TOTAL OF FOUR SERVING THIS BUILDING.

OKAY.

ALL RIGHT.

THANK YOU.

OKAY.

THANK YOU FOR THAT.

I THINK, I THINK WE'VE MADE A LOT OF, A LOT OF PROGRESS IN TERMS OF THE TRAFFIC FLOW IN AND OUT OF R Z ROAD.

I DON'T, THERE WAS, I'M SORRY, JIM, GO AHEAD.

I DON'T, I HAVE ONE OTHER ISSUE FOR THEM.

GO AHEAD.

FINISH.

I'M, I'M GETTING FRUSTRATED 'CAUSE WE'RE NOT GETTING TO WHAT I THINK IS THE BIGGEST ISSUE.

WE'RE TALKING ABOUT STUFF THAT WE CAN TWEAK, BUT GO AHEAD.

OKAY.

THERE WAS ONE COMMENT MADE LAST WEEK WHEN I TALKED ABOUT ENFORCEABLE SIGNS AND YOU SAID THAT, UM, YOU COULD ENFORCE, UM, SIGNS THAT WERE NOT ENFORCEABLE.

AND I'M A LITTLE CONFUSED ABOUT HOW YOU INTEND TO DO THAT, QUITE FRANKLY, AND I DIDN'T CATCH IT LAST WEEK WHEN YOU TOLD ME THAT YOU COULD DO THAT, AND I CA CAUGHT IT ON THE MINUTES WHEN I WAS READING OVER THE MINUTES THIS PAST WEEK.

AND I'M WONDERING HOW YOU INTEND TO ENFORCE UNENFORCEABLE SIGNS? UN FORGIVE ME, I'M NOT SURE WHAT YOU'RE REFERRING TO.

OKAY.

THERE ARE SIGNS THAT YOU PUT UP, UM, AND YOU SAY THAT, UM, UH, THAT PEOPLE CAN'T PARK IN CERTAIN SPOTS, UM, BECAUSE THOSE SPOTS ARE FOR, UM, OH, THE PICKUP? YES.

FOR PICKUP, THE CUSTOMER PICKUP.

OKAY.

AND I SAID, WELL, THOSE ARE UNENFORCEABLE SIGNS AND PEOPLE WILL PARK THERE FOR OTHER REASONS.

AND YOU SAID, WELL, YOU CAN ENFORCE THAT.

AND I'M CURIOUS AS TO HOW YOU INTEND TO ENFORCE THAT THOSE PARKING SIGNS.

CORRECT.

I I, I WOULD THINK THAT WOULD ULTIMATELY END UP BEING THE, UH, RETAILERS, THE, THE RESTAURANT USERS THAT, UH, ARE USING THOSE SPOTS AS PART OF THEIR BUSINESS.

THEY WOULD HAVE TO, IF PEOPLE WERE USING THEM, UH, FOR OTHER THAN THEIR INTENDED PURPOSES, UH, THEY MIGHT HAVE TO HAVE SOMEONE OUT THERE TO MAKE SURE THAT PEOPLE AREN'T DOING THAT AND DIRECT THEM TO, UH, PARK ELSEWHERE IF THEY'RE NOT THERE TO PICK UP ONLINE ORDERS.

I WOULD THINK THAT WOULD BE THE, THE WAY IT WOULD, IT COULD HAPPEN.

WE HAVE, WE HAVE, WE, WE HAVE SECURITY AND WE ALSO HAVE A SITUATION WHERE I THINK PEOPLE ARE FAIRLY USED TO THESE SIGNS OR GETTING USED TO THE SIGNS AT SHOPPING CENTERS WHERE THEY HAVE AT SUPERMARKETS AND OTHERWISE WHERE YOU PULL IN.

HOME DEPOT HAS THEM TOO, WHERE THEY'RE JUST A FEW SPACES THAT ARE IDENTIFIED AS PLACES WHERE YOU TEXT THAT YOU'RE THERE AND YOU'LL PICK UP AND LEAVE.

OKAY.

AND WE, WE THINK THAT IT'LL WORK.

THEY'RE NOT THE SPACES THAT ARE CLOSEST TO ALL THE RESTAURANTS.

OKAY.

I'D LIKE TO STOP RIGHT HERE AS I THINK I'M GETTING VERY FRUSTRATED.

THERE IS A MAJOR ISSUE THAT WE HAVE NOT DEALT WITH TONIGHT.

WE GLOSSED OVER IT AND

[02:05:01]

I THINK IT'S STILL THE BIGGEST ISSUE IN THE ROOM, WHICH IS PARKING CAPACITY.

OKAY.

I READ THROUGH THE, WELL THIS STEAL WITH THE PARKING CAPACITY.

YOU MON MONA, LET ME FINISH.

PLEASE GO AHEAD.

YOU.

THANK YOU.

UM, WHAT DEALS WITH THE PARKING CAPACITY IS THE PARKING STUDY.

AND I HAVE HEARD NUMBERS ALL OVER THE MAP, EVEN IN, WITHIN YOUR PLACE, FOR INSTANCE, THAT WHEN YOU GET TO THE OVERFLOW, THE PARKING PART IN FRONT OF SHOPRITE WILL BE OVER 90%.

WELL, IF YOU READ THE HISTORY OF THE SHOPPING CENTER, AND THE LAST TIME WE HEARD AT THE EXPANSION PLANS, WHICH WERE DIFFERENT, I ADMIT THEY WERE DIFFERENT WHEN WE GOT OVER 90%, OUR CONSULTANT, TRAFFIC CONSULTANT AT THAT TIME SAID OVER 90% IS NOT ACCEPTABLE BECAUSE WHAT THAT REQUIRES PEOPLE TO DO IS TO, UM, HUNT FOR A PARKING SPACE AND CREATES A DANGEROUS POSITION.

THAT 90% WAS ABOUT THE MAXIMUM.

THAT'S WHAT THE TESTIMONY WAS FROM OUR PREVIOUS TRAFFIC CONSULTANT, UH, EIGHT YEARS AGO WHEN WE, WE LAST LOOKED AT AN EXPANSION OF THIS.

ADDITIONALLY, OBVIOUSLY WE'VE GOTTEN SOME ACCIDENT DATA IN, UH, SINCE THE LAST MEETING, WHICH I THINK YOU GUYS HAVE GOTTEN TOO, WHICH SHOWED THROUGH 2019 THAT, UM, 2019, THAT, THAT THERE WAS ABOUT AN ACCIDENT A WEEK IN THE SHOPPING CENTER, UM, THAT WAS REPORTED BY THE WAY.

AND 70% OF THOSE WERE ON THE NORTH SIDE OF THE LOT FROM SHOPRITE OVER.

I'D LIKE TO HEAR SOMETHING ABOUT THAT.

UM, AND I WANT TO HEAR ABOUT TRAFFIC FLOW BECAUSE, YOU KNOW, YOU'RE DOING A WONDERFUL JOB WITH WALKWAYS AND STUFF LIKE THAT IN THIS AREA.

I THINK YOU DID A GREAT JOB, UM, ON THAT PART OF THE PROPERTY, BUT IT STILL LEAVES THE SHOPRITE PART OF THE PROPERTY, WHICH IS GONNA GET MORE PARKED WHERE THERE ARE NO WALKWAYS WHATSOEVER.

SO THAT'S MY COMMENT.

I KNOW WALTER HAD A COMMENT THEN TOM HAD A COMMENT.

WALTER, WELL, UH, MR. CHAIRMAN, IF I, IF I MAY, YES.

I WAS ABOUT TO SEGUE, UH, TO MARK PETRO TO TALK ABOUT THE TRAFFIC AND PARKING STUDIES THAT, YOU KNOW, WERE PROVIDED, WHICH WE MADE UPDATES TO BASED ON COMMENTS THAT WE HEARD AT THE LAST MEETING, UH, REGARDING OVERFLOW PARKING AND, AND THINGS OF THAT NATURE.

SO THERE, OKAY, WE'LL GET TO THAT.

I WANT TO HEAR FROM MR. MR. SIMON, WHAT DID YOU HAVE TO SAY? AND I THINK MR. HAY HAD HIS HAND UP TOO.

YES.

UM, UH, AARON, COULD YOU BE KIND ENOUGH TO PUT UP THAT, UH, DIAGRAM THAT I I DREW THAT, UH, RED LINE THROUGH WELL, WHILE WE, UH, AARON IS LOOKING TO GET, OKAY.

OKAY.

NOW, WHEN, IF YOU, I, I DREW THIS RED LINE ACROSS THIS WAY BECAUSE IF YOU LOOK AT ALL YOUR TRAFFIC STUDIES, IT INVOLVED ALL THE AREAS TO THE NORTH OF THAT, UH, UH, RED LINE WOULD, WOULD, BASICALLY, IT ASSUMES THAT THERE IS A VIRTUAL WALL THERE REPRESENTED BY THE RED LINE.

AND ALL THE ACTIVITY WILL TAKE PLACE IN THE NORTHERN PART OF THE PARKING LOT WITH NO EFFECT ON THE SOUTHERN PART.

THAT ALL THE CARS WILL STAY IN THE NORTHERN PART.

ALL OF THE CARS TO THE SOUTH WILL STAY IN THE SOUTHERN PART AND THERE'S NO INTERACTION.

WHAT I WOULD LIKE TO SEE IS THE TRAFFIC STUDIES THAT THAT TAKES IN THE, UH, THE PROPERTY ON THE SOUTHERN END, MAYBE NOT ALL THE WAY TO THE END.

IF YOU GO ALL THE WAY TO THE SOUTH, THERE'S REALLY LITTLE EFFECT THAT THE PARKING WILL HAVE, UH, ON THIS AREA.

BUT FOR THE PARKING IN FRONT OF, UH, AT LEAST TO THE END OF THE, THE SHOPPING CENTER THAT'S GOING TO, YOU COULD HAVE PARKING GOING BACK AND I MEAN TRAFFIC GOING BACK AND FORTH AND, AND YOUR TRAFFIC ANALYSIS ASSUME THAT THAT'S NOT HAPPENING.

SO I WOULD LIKE TO SEE A TRAFFIC STUDY THAT TAKES INTO ACCOUNT THE TRAFFIC ON THE, UH, IN FRONT OF THE SHOPPING CENTER AND SEE EXACTLY WHAT'S THE TRAFFIC FLOW PATTERN.

THEN WALTER, JUST TO, UH, RESPOND TO YOU REALLY QUICKLY, THIS IS MARK PETRO,

[02:10:01]

UH, FROM J M C.

I PREPARED THE TRAFFIC STUDY, WHICH WAS REVIEWED BY YOUR CONSULTANT, JOHN CANNING.

OUR TRAFFIC STUDY CONSIDERS THE USE OF THOSE DRIVEWAYS ON CENTRAL PARK AVENUE AT THE SIGNALS AS WELL FOR TRAFFIC ASSOCIATED WITH THESE RESTAURANTS THAT ARE PROPOSED.

SO IT WAS NOT ISOLATED IN OUR TRAFFIC ANALYSIS, IN OUR TRAFFIC STUDY.

WE DID CONSIDER IT'S NOT, IT'S NOT MARK.

HE'S TALKING ABOUT PARKING, NOT TRAFFIC.

OKAY.

OKAY.

HE SAID TRAFFIC.

THAT'S WHY I WAS JUST CLARIFYING YOU PARKING, BUT PARKING WAS ALSO STUDIED THROUGHOUT, BUT PARKING WAS ALSO STUDIED.

AND I'LL TALK ABOUT PARKING NOW, HUGH, IF THAT'S OKAY WITH YOU.

I WOULD APPRECIATE THAT ACTUALLY.

OKAY.

NOT A PROBLEM.

IS THAT ALRIGHT WITH YOU? TOM, DID YOU HAVE SOMETHING? OKAY, I MIGHT ANSWER MY QUESTION.

WHO KNOWS? OKAY.

UH, LET ME JUST FINISH.

YOU WANNA FINISH HIM AND LET MARCO OKAY.

I, THE SAME WAY YOU HAVE, UH, ON THE NORTHERN END, ALL THE ARROWS WHERE, WHERE TRAFFIC IS GOING AND ALL THE PARKING SPACES THAT IS ALLOCATED.

I'D JUST LIKE TO SEE THAT FOR A LARGER SECTION OF THAT, UH, SHOPPING CENTER.

OKAY.

YOU DON'T NEED TO RESPOND RIGHT NOW, BUT NOTE, NOTE, MR. SIMON'S COMMENT.

OKAY.

AND WE'LL TALK ABOUT IT AT THE END.

SURE.

UM, SO I'LL JUST SHARE MY SCREEN REALLY QUICKLY.

UM, SO THIS IS YOUR, AS YOU ARE AWARE, IS JUST OUR SUB AREAS OF THE OVERALL PARKING AREAS ON THE PROPERTY.

SO WE HAVE, YOU KNOW, OVERALL PARKING AREA, WHICH WE LEFT THE OVERALL STUDY IN THERE.

IT'S IN THERE, BUT WE ALSO DID A REFINED STUDY, UH, AS MENTIONED BY MR. THE CHAIRMAN.

SO WE LOOK SPECIFICALLY AREAS PARKING, AREAS B, C, AND D, WHICH ARE ADJACENT AND DIRECTLY IN WITH THE RESTAURANTS, THE PROPOSED RESTAURANTS.

SO WHEN WE LOOKED AT THESE AREAS, WE CONTINUED TO LOOK AT THE, THE FOUR BUSIEST TIMES OF THE YEAR.

WE LOOKED AT THE BLACK FRIDAY, THE SATURDAY AFTER, AS WELL AS THE SECOND, SECOND FRIDAY IN DECEMBER AND THE FOLLOWING SATURDAY, WHICH, UM, JUST TO GIVE A FRAME OF REFERENCE, WE, WE DID AT THE SUGGESTION OF THE TOWN CONSULTANT AND WE HAD COORDINATION MEETING THIS MORNING ON IT IS, UM, THERE WAS A REVIEW OF HISTORICAL AERIAL PHOTOS OF THE CENTER DATING BACK FROM 2014 UP TILL NOW.

AND OF THOSE HISTORICAL PHOTOS, UH, THE BUSIEST TIME OF THOSE HISTORICAL PHOTOS, UH, APPEARED TO BE OCTOBER 31ST, 2015.

UM, AND WHEN YOU LOOK AT THAT, UM, THOSE COUNTS, THOSE OCCUPIED SPACES IN THESE THREE AREAS WAS STILL SIX SPACES FEWER THAN WHAT OUR ANALYSIS SHOWS IN OUR FOUR TIME PERIODS THAT WE SHOW, WHICH IS THE BLACK FRIDAY AND THE DECEMBER PERIOD.

SO, YOU KNOW, OUR, OUR ANALYSIS THAT WE SHOW IN HERE IS NOT REPRESENTATIVE FOR FULL YEAR.

THIS IS MORE FOR THE BUSIEST TIMES OF THE YEAR.

UM, SO UNDER NORMAL STAMP CIRCUMSTANCES, YOU KNOW, THE, THE PARKING WILL BE LESS THAN WHAT WE SHOW IN OUR ANALYSIS.

WE'RE SHOWING A CONSERVATIVE ANALYSIS.

BUT TO GET FURTHER INTO DETAIL, UH, LOOKING AT THESE THREE DIFFERENT PARKING AREAS HERE, AND WHEN YOU LOOK AT THE OVERFLOW SCENARIO OF WHERE PARKING AREA C CAN ACCOMMODATE THE ANY, WELL WHAT WE DID, SO HERE WE HAVE THE, ON THE LEFT SIDE HERE, THE THREE AREAS, THESE ARE THE EXISTING OCCUPANCIES, AND THEN WE HAVE THE PROJECTED PARKING DEMAND FOR THE USES.

AND AGAIN, WE, WE, UM, ADDRESSED THE CONSULTANTS, UH, COMMENT, UH, TO INCREASE ONE OF THE DEMANDS, UM, TO PROVIDE A FURTHER CONSERVATIVE ANALYSIS THAT WAS IN ONE OF HIS COMMENTS.

AND THEN WHAT WE DID IS WE TOOK THESE AND WE PROJECTED THEM ONTO AREAS B, C, AND D, BUT FIRST WE TRIED TO SEE WHERE ALTERNATIVE C IF IT CAN ACCOMMODATE THAT PARKING DEMAND ASSOCIATED WITH THESE USES.

AND AGAIN, JUST TO RESTATE, THIS PARKING ANALYSIS CONSIDERS THE VARIOUS TIME OF DAY DEMAND ASSOCIATED WITH THE DIFFERENT USES ON THE PROPERTY AS WELL AS THE PROPOSED USES.

SO, UM, YOU CAN SEE IN AREA C HERE IN THIS ROW, IT CAN ACCOMMODATE ALL THE 53 SPACES THAT IT'S 58 SPACES THAT'S BEING DEMANDED FOR THE PROPOSED USE.

AND HERE ON THE RIGHT IS YOUR FULL PROJECTED UTILIZATION OF THESE THREE AREAS.

SO HERE IN AREA C YOU HAVE 124 FOR THAT TIME PERIOD HERE.

AND THEN YOU GET TO 95% OCCUPIED OF AREA C OVER HERE, WHICH IS APPROXIMATELY SIX TIME PERIODS THROUGHOUT THE DAY.

EACH HOUR HERE.

YEP.

OKAY.

SO, AND THEN WHEN YOU LOOK AT THAT, SO WE CAPPED IT OUT AT 95%.

THERE IS STILL SPACE THERE TO ACCOMMODATE IT, BUT WE CAPPED IT AT 95%

[02:15:01]

AND WE SPLIT THE ADDITIONAL DEMAND BETWEEN AREA B AND AREA D.

AND HERE ARE THE REPRESENTATIVE ADDITIONAL DEMANDS ASSOCIATED WITH THAT.

SO YOU CAN SEE AREA B, EVEN THOUGH AREA C IS AT 95%, AREA B HAS LESS THAN 70%, IT'S 67, 66.

AND THEN AREA D UH, HAS 70, 69, 71 DURING THOSE SPILLOVER TIME PERIODS.

BUT THE REST OF THE TIMES YOU CAN SEE YOU GOT ZEROS HERE.

'CAUSE THAT'S, WE'RE NOT SPILLING OVER DURING THOSE TIME PERIODS.

SO FROM HERE, THIS IS TWO 30 ONTO THE EVENING, THERE'S NO SPILLOVER SITUATION GOING ON DURING THIS TIME PERIOD.

OKAY.

CAN I, CAN I MAKE A, A QUICK COMMENT HERE, COUPLE? SURE.

UM, THIS WAS DONE ON, THIS IS BASED ONLY ON BLACK FRIDAY.

WE HAVE THE OTHER DATA AS WELL.

OKAY.

BEFORE YOU GO ON.

OKAY.

OR THAT WEEKEND.

OKAY.

IT'S NOT A, IT'S NOT A, IT'S NOT A PEAK DAY FOR SHOPRITE RIGHT.

AFTER THANKSGIVING, NUMBER ONE, NUMBER TWO, YOU WHERE, WHERE THAT A LARGE RETAIL STORE IS NOT OPEN ON FRIDAY AFTERNOONS AND SATURDAYS IN THAT SHOPPING CENTER, THE AMA AMAZING SAVINGS IS CLOSED ON SATURDAYS AND FRIDAY AFTERNOONS.

AND SO WE TOOK THAT INTO OUR ACCOUNT IN OUR PARKING ANALYSIS THOUGH.

UH, I DON'T KNOW HOW YOU WOULD'VE DONE THAT BECAUSE HOW DID YOU TAKE THAT INTO ACCOUNT? DID YOU ADD IT WITH THE EXISTING, WITH THE EXISTING PARKING COUNT THAT WE HAVE THAT THAT DEMAND ASSOCIATED WITH THOSE THAT USE IS IN THAT EXISTING UTILIZATION.

HOW CAN, HOW CAN, HOW CAN IT BE IF THEY WEREN'T OPEN AND YOU DID A STUDY? WELL, WE'RE LOOKING ON THE FRIDAY AND THE SATURDAY.

SO YOU SAID FRIDAY EVENINGS THEY'RE CLOSED.

SO WE HAVE, I SAID FRIDAY AFTERNOONS THEY START, THEY CLOSE AROUND THREE IN THE WINTER, PROBABLY AT THREE O'CLOCK, MAYBE EVEN EARLIER.

SO THE, IN THE SUMMER, I THINK IT'S FOUR.

SO THE DEMAND ASSOCIATED WITH THAT AMAZING SAVINGS IS LOCATED UP IN THIS AREA HERE FOR ANYWHERE BETWEEN 11 TO THREE.

THE DEMAND ASSOCIATED WITH THAT PARKING, THAT USE WOULD BE IN INCLUDED IN THIS AREA HERE, THESE NUMBER, ALL I CAN TELL YOU IS THESE NUMBERS ARE VASTLY DIFFERENT FROM NUMBERS THAT WE GOT IN THE LAST PARKING STUDY.

I DON'T UNDERSTAND THESE NUMBERS.

I DON'T BELIEVE THESE NUMBERS.

I GO THERE ALL THE TIME AND THERE IS NO WAY ON A REGULAR DAY THAT THE AREA D IS LESS THAN 50% FULL.

CLEARLY NOT ON A PEAK DAY.

IT JUST, IT'S JUST NOT, IT'S JUST NOT THE CASE.

MR. NELL? YEAH.

THANK YOU MR. CHAIRMAN.

UM, WHEN YOU SAY THE LAST PARKING STUDY, DO YOU MEAN THE ONE THAT WE WERE DISCUSSING LAST SESSION? NO, THE ONE THAT WAS DONE, DONE EIGHT YEARS AGO AGO BY THE SAME ENGINEERING, UH, I DON'T KNOW IF IT WAS DONE BY MARIST OR BY, SO, SO I THINK THAT I I I, I HAVE TO EMPHASIZE WITH DUE RESPECT THAT THE LAST TWO TIMES IN 2014 AND 2015, WE WERE INITIALLY CONTEMPLATING ADDING 14,300 SQUARE FEET OF NEW CONSTRUCTION AND LOSING 112 SPACES.

THAT WAS IN 2014.

AND IN 2015 WE WERE PROPOSING 8,900 SQUARE FEET OF NEW BUILDINGS AND LOSING 110 SPACES.

SO OF COURSE THE PARKING STUDY WOULD BE DIFFERENT, LOSING 112 OR 110 SPACES AND, AND HAVING THE ADDITIONAL DEMAND OF THAT ADDITIONAL, THAT, THAT, THAT'S A GOOD, THAT'S A GOOD POINT.

THAT'S A GOOD POINT.

THAT'S, THAT'S CRITICALLY IMPORTANT.

WELL, NO, I AGREE.

THE, THE, THE SPACES, THE COUNTS THAT WE DID HERE HAVE BEEN VETTED BY YOUR TRAFFIC CONSULTANT AND OKAY.

AND, AND VE I THINK VERIFIED AS BEING CONSERVATIVE AND APPROPRIATE.

SO, OKAY.

I, I'LL, I'LL HEAR FROM MR. CANNING ON THAT.

UH, BUT I CAN TELL YOU AMAZING SAVINGS IS NOT OPEN ON SATURDAY.

OKAY.

IT HAS IT AND AT THE TIME THAT THIS WAS DONE IN 2021, I DON'T KNOW, WAS DYS O EVEN THERE AT THAT TIME? WHAT WA WHAT WAS, WAS DYS O EVEN OPEN WHEN THE STUDY WAS DONE? IT, THE SPACE, THE COUNTS ARE BASED ON ACTUAL UTILIZATION, SO I UNDERSTAND THAT, BUT THE, THE ACTUAL UTILIZATION, MR. BELL IS BASED ON THE ON, ON BUSINESSES BEING OPEN.

OKAY.

IT IS.

OKAY.

AND THAT'S MY QUESTION.

I KNOW THAT I, AS I SAID, I KNOW AMAZING SAVINGS IS CLOSED FRIDAY AFTERNOONS AND SATURDAYS.

I DON'T KNOW WHEN DAO OPENED, BUT DAO IS A VERY SUCCESSFUL RETAILER, MUCH MORE SUCCESSFUL THAN WHAT WAS PREVIOUSLY THERE.

OKAY.

WE HAVE A LARGE ASIAN COMMUNITY AND THEY SHOP THERE.

SO I DON'T KNOW, IT COULD BE, IT'S IN HERE.

I DON'T KNOW THE, I JUST DUNNO THE ANSWER.

CAN WE LET, UH, J M C RESPOND TO THAT OR LOOK INTO IT AND GET BACK TO US? YEAH, ABSOLUTELY.

I, I WAS JUST TOLD DAO WAS, HAS BEEN OPEN FOR A LITTLE OVER A YEAR.

OKAY.

[02:20:02]

UM, SO AS FAR AS THE PARKING ANALYSIS, THIS, THESE ARE THE TABLES HERE.

SO THIS WAS THE FRIDAY, BLACK FRIDAY, HERE'S THE SATURDAY AFTER, AND THEN YOU HAVE THE FRIDAY IN DECEMBER, AND THEN YOU HAVE THE SATURDAY IN DECEMBER.

SO WE HAVE, THIS IS ALL THE SAME DATA ESSENTIALLY FROM THE PREVIOUS STUDY.

JUST WE, WE FOCUSED IN ON AREAS B, C, AND D, AND THAT'S THE RIGHT PLACE TO FOCUS.

MARK.

I, I AGREE WITH YOU THAT THAT'S WHAT I, I DON'T, I DON'T BELIEVE IT'S GONNA BE SPLIT THE WAY YOU THINK IT IS.

I WISH IT WAS, I THINK IT'S GONNA BE DRIVEN MORE IN FRONT OF SHOPRITE.

WELL, THAT'S WHAT, THAT'S WHAT WE DID.

WE, WE ACTUALLY PROVIDED, I DIDN'T TELL YOU, WE ACTUALLY PRI PROVIDED MORE PARKING DEMAND TOWARDS AREA B THAN AREA D WHEN WE, WHENEVER THERE WAS A SPILLOVER, WE ACTUALLY PROVIDING, THAT'S WHY I SAID THAT'S THE OPPOSITE.

I THINK AREA B IS THE ONE ON THE, TO THE, TO THE WEST, ISN'T IT? UH, I THINK AREA D'S THE ONE IN FRONT OF SHOPRITE.

AM I AM I HAVE IT BACKWARDS.

I COULD A AREA B IS THIS ONE HERE.

YEAH.

THAT'S NOT WHERE THEY'RE GONNA GO.

NOT FOR NOT, IF THEY GO INTO A FA TO THAT SIDE OF THE BUILDING, THEY'RE GONNA END UP GOING IN FRONT OF THE BUILDING AND TRYING TO GET A FACE IN AREA.

D I, THAT'S MY BELIEF, JUST WATCHING WHAT PEOPLE DO NOW.

AND, AND THE OTHER POINT WHICH CONCERNS ME, I'D RATHER THEY GO TO, TO AREA D, BUT OF, OF THE TWO, BUT I DON'T, I DON'T THINK IT'S, IT BIASED TOWARDS AREA B I DON'T KNOW WHY IT WOULD BE LOOKING AT THE TOPOGRAPHY OF THE SITE.

NO ONE'S GONNA GO UP, UP ON THE RAMP.

YOU'RE NEVER GONNA GET PEOPLE UP ON THE RAMP EITHER WAY.

THERE'S STILL A SUBSTANTIAL, YOU KNOW, CAPACITY IN THESE TWO AREAS TO ACCOMMODATE IF THERE WAS SPILLOVER HERE.

SO YOU CAN SEE THERE'S 74, 66, 75, 81.

THAT'S THE AREA D THAT'S THAT ONE CLOSE TO SHOPRITE.

SO THERE IS ADDITIONAL CAPACITY TO ACCOMMODATE MORE PARKING IN THOSE AREAS BASED ON OUR ANALYSIS HERE.

OKAY.

UM, DID, DID YOU WANNA HAVE MR. CANNING COMMENT AS WELL? I WOULD LIKE THAT.

MR. NA, THAT'S ALL RIGHT WITH YOU.

SURE.

I'LL STOP SHARING JOHN.

SURE.

GOOD EVENING.

MR. CHAIRMAN, MEMBERS OF THE BOARD.

UM, I'VE BEEN LISTENING TO THE CONVERSATION.

I'VE GOT A COUPLE OF THOUGHTS.

UM, THE, THE FIRST ONE IS THAT WE ALL AGREE THAT AFTER 90% WE WOULD PREFER, OR WE BELIEVE THAT PEOPLE START TO GET FRUSTRATED IN LOOKING FOR PARKING.

AND SO THEY WILL LOOK FOR SPACES SOMEWHERE ELSE.

AND SO MY THOUGHT IS THAT, UH, JM AND, AND THE CHAIR BELIEVES, AND I SU SUSPECT THAT IT'S ON GOOD GROUNDS THAT PEOPLE WILL LOOK TO PARK IN AREA D BEFORE THEY LOOK TO PARK IN AREA B.

BUT WHEN AREA D IF AREA D COMES TO 90%, THEY'RE PROBABLY NOT GONNA WANT TO LOOK THERE.

THEY'RE PROBABLY GONNA WANT TO LOOK UP IN, IN AREA B.

SO MY SUGGESTION IN THAT REGARD WOULD BE THAT, UM, PERHAPS J M C COULD REVISE THE ANALYSES FOR THE FOUR DAYS THAT THEY'VE DONE.

AND I HAVE A LITTLE MORE TO ADD TO THAT AND ADD TO AREA D AND AREA C UNTIL YOU GET TO 90% IN AREA D AND 95% IN AREA C, AND THEN PUT THEM UP INTO AREA B SO THAT YOU CAN SEE WHAT IT WOULD BE LIKE IF PEOPLE, AND THESE ARE THE BUSIER DAYS.

AND WE CAN DISCUSS THAT A MOMENT, IN A MOMENT AS WELL.

BUT YOU COULD SEE JOHN, LEMME ASK YOU ONE QUESTION.

YES.

IF THE I UNDERSTAND WHAT YOU'RE SAYING.

THAT'S RIGHT.

THEY'RE GONNA, THE, THE ONLY ISSUE I WOULD HAVE WITH THAT, IF THEY GO AUTOMATICALLY AND THEY'RE NOT GONNA KNOW WHAT AREA D'S FULL, IF THEY GO THERE, YOU STILL HAVE THE PROBABLE THEM GOING THERE AND THEN NOW GOING BACK TO B.

THAT'S MY CONCERN THERE TO, TO TO, TO A GREAT EXTENT THEY WILL.

BECAUSE WHEN YOU DRIVE IN AND IT LOOKS FULL, IT LOOKS FULL.

I MEAN, I'VE BEEN TO THE STORES ON CENTRAL, UM, PARK AVENUE AND UH, I'M MORE FAMILIAR WITH GOING TO H AND M OR WELL, H MART, H MART, UM, H MART.

AND YOU KNOW, WHEN I COME DOWN, I DRIVE BY, IT'S LIKE, I'M NOT GOING IN THERE.

I'M GONNA GO IN RIGHT BY DRIVE SHACK BECAUSE I KNOW THE STORE AND I KNOW THE FRONT GETS CROWDED.

SO I SUSPECT THAT MANY OF THE CUSTOMERS THAT COME TO THESE STORES WILL SEE THAT PARKING IS FULL IN THE FRONT.

AND THEY'RE LIKE, ALL RIGHT, WELL I'LL JUST PARK UP TOP.

SOME OF THEM ARE JUST GOING TO, LIKE YOU SAY, SOME OF THEM WILL BE A LITTLE STUBBORN ABOUT IT AND TRY AND FIND A SPACE, BUT I SUSPECT THAT THEY WILL KNOW IT AND THEY'LL, AND THEY'LL GO UP TOP ON THOSE BUSY DAYS TO, TO ADDRESS YOUR OTHER CONCERN, MR. CHAIRMAN.

UM, I WOULD IT SATISFY THE BOARD, DO YOU THINK IF ONE SURVEY WAS DONE ON A SUNDAY, UM, OBVIOUSLY IF, IF THE, THIS STORE IS VERY SUCCESSFUL, BUT IF IT'S NOT

[02:25:01]

OPEN ON SATURDAY, IT'S NOT GENERATING PARKING ON SATURDAY AND WHO GOES TO, WHO GOES SHOPPING AT SHOPRITE ON SUNDAY? WELL THEN, SO THE, THE POINT IS WHAT ABOUT THURSDAY? WHAT ABOUT, WHAT ABOUT A SHOPPING DAY LIKE THURSDAY? THUR? I, I, I, WELL THURSDAY, I, I WANNA, I WANNA GET A DAY THAT THE BOARD WOULD BE SATISFIED THAT THE DAY THAT THEY'RE GETTING IS BELIEVABLE.

I DON'T WANT THIS BOARD NOT BELIEVING THE DATA.

SO I, I ASKED SUNDAY, BUT THURSDAY I THINK IS, WOULD BE A GOOD ALTERNATIVE.

WELL, ORIGINALLY JOHN, JOHN, IF YOU LOOK AT THIS, I WASN'T THE OTHER STUDY DONE DONE OVER THE WHOLE WEEK.

OVER THE WHOLE WEEK OR NOW THE ORIGINAL ONE, EIGHT YEARS AGO.

UH, I DO NOT KNOW.

I THINK IT WAS DONE DAILY, BUT I COULD, I COULD BE WRONG ON THAT.

SOMETHING WE SHOULD LOOK AT.

I I I WOULD ASSUME THE PEAK SHOPPING DAYS AT AT SHOPRITE ARE PROBABLY THURSDAY AND FRIDAY, RIGHT? PROBABLY.

BUT I DON'T KNOW THAT FOR SURE.

SATURDAY SHOULD BE A GOOD ONE, BUT YOU'RE LOSING THE, THE OTHER STUFF.

SO THAT'S WHY I KINDA LIKE TO HAVE AN AVERAGE, YOU KNOW, I WOULDN'T THROW THIS DATA OUT THAT IT'S NOT FAIR TO THE APPLICANT.

OKAY.

I THINK IT'S REAL DATA.

YOU'VE, YOU'VE VETTED IT.

I JUST THINK MAYBE WE NEED, MAYBE IF WE JUST ADD THURSDAY TO IT, THEN LOOK AT AN LOOK AT ALL, ALL FOUR.

ALL, ALL THREE DAYS POTENTIALLY.

WELL, I MEAN, I, I I WOULD SUGGEST THAT YOU HAVE A DISCUSSION WITH YOUR BOARD AND IF YOU FEEL THAT IT WOULD BE APPROPRIATE, UH, TO INCLUDE THURSDAY FOR THE REASONS THAT YOU'VE STATED THAT SEEMS LIKE A, A REASONABLE, UH, APPROACH.

UH, I DO THINK THAT IF YOU'RE ADDING MORE DAYS, YOU, YOU CERTAINLY CAN ADD, BUT I, I'M NOT SURE THAT YOU WOULD GET MUCH DIFFERENCE BETWEEN A THURSDAY AND WEDNESDAY OR TUESDAY OR MONDAY.

DUNNO, I I DON'T, I DON'T KNOW THE ANSWER TO THAT.

AND THE ONE THING I DO THINK WE COULD DO, I DON'T KNOW IF IT'S, IF IT HELPS AND MAKES IT EASIER, I REALLY DON'T SEE A REASON TO DO A STUDY ACROSS THE WHOLE CENTER NECESSARILY.

AGREE.

I AGREE.

I AGREE.

YOU'D ONLY FOCUS ON AREAS B, C, AND D.

YES.

THAT'S MY FEELING.

I DON'T KNOW HOW THE RE BUT I'D LIKE TO HEAR FROM THE REST OF THE BOARD ON THAT.

GO AHEAD.

I'M SORRY.

KEEP, KEEP GOING.

WELL, I, THAT, THAT WAS IT FOR ME ON, I'VE LOOKED AT THE DATA, UM, THEY DID WHAT YOU ASKED, WHICH WAS TO CONSIDER WHAT WOULD HAPPEN IN THE AREA SURROUNDING THE SITE.

YEP.

THEY DID.

UM, IT, IT SHOWS THAT ON THOSE BUSY DAYS, IT GETS BUSY IN FRONT OF THOSE, THE, THE NEW RESTAURANTS AND THAT PEOPLE IN THE PEAK HOURS WILL MIGRATE TO THE NEW, THE TWO AREAS.

THERE'S SOME DISCUSSION ABOUT HOW MANY WILL MIGRATE IN ONE DIRECTION AND HOW MANY WILL MIGRATE IN THE OTHER.

SO I'VE SUGGESTED MAYBE, UM, THEY COULD REVIEW THAT AGAIN.

AND THEN THERE'S THE SUGGESTION ABOUT THAT THE DATA MAY NOT BE TRULY REPRESENTATIVE.

THEY DID, AND I DID TOO, LOOK BACK THROUGH THE HISTORICAL RECORDS AND I COULDN'T FIND ANOTHER DAY THAT WAS AS BUSY AS THEIR BUSIEST DAY.

BUT CERTAINLY THEY COULD GO OUT ON A, A, A ONE OR TWO OTHER DAYS AT THOSE SPECIFIC LOCATIONS.

MM-HMM.

BASED ON THE DIRECTION OF THE BOARD TO, TO SATISFY THE BOARD THAT THEIR CONCERNS ARE VALID OR NOT VALID.

OKAY.

G JOHN, JOHN AND, AND MARK BOTH HAVE EITHER OF YOU OR BOTH OF YOU REVIEWED THE ACCIDENT DATA THAT WE'VE, THAT WE GOT FROM SERGEANT REON? I HAVE NOT SEEN IT YET.

YOUR, SO TO SPEAK TO THAT, WE DID RECEIVE THOSE, UH, SUMMARIZED REPORTS.

SO THAT'S VERY LIMITED DATA.

UM, WE WERE TALKING ABOUT THIS, UH, THIS MORNING.

UM, WE SUBSEQUENTLY REQUESTED THE FULL ACCIDENT REPORTS.

UM, IN REVIEWING THOSE, THOSE SUMMARIZED THINGS, YOU DON'T GET A LOT OF THE DETAIL THAT YOU WOULD GET SURE.

WITH THE FULL REPORTS.

SO WE REQUESTED SOME OF THE, THE FULL REPORTS OF THAT.

'CAUSE IN LOOKING AT THEM, THERE'S ACTUALLY SOME, I NOTICED ONE OF THEM SPECIFICALLY, I REMEMBER ONE OF THE YEARS, UM, IT'S CALLING OUT UH, JACKSON AVENUE.

I WAS LIKE, THAT'S NOT THE RIGHT LOCATION.

NO, NO.

IT HIGHLIGHTED IT TOO ITSELF.

THAT WAS A MISTAKE.

IT WAS, IT WAS HIGHLIGHTED AS ONE OF 'EM.

SO THAT'S WHY, YOU KNOW THAT.

AND THEN ALSO UNDERSTANDING WHAT THE ACCIDENT WAS.

THAT'S WHY WE REQUESTED THOSE FULL ACCIDENT REPORTS.

I APPRE I APPRECIATE THAT.

AND UM, TO, I, I SEE THREE, THREE HANDS UP.

TOM JOHAN AND THEN WALTER.

ALRIGHT, WELL YOU ANSWERED ONE OF MY QUESTIONS, WHICH WAS WHY ON YOUR CHARTS TABLE 13 THROUGH, UM, WELL THE FOUR OF THEM, WHY AREA C IS CONSISTENTLY A 94.7 DURING THE PEAK HOURS BECAUSE THAT'S WHERE YOU'VE LIMITED IT.

UM, WHICH TELLS ME THAT THE ACTUAL DEMAND ON THAT, UH, AREA IS, YOU KNOW, SIGNIFICANTLY HIGHER.

SO A LOT OF PEOPLE ARE COMING IN TO PARK THERE I SEE IN TABLE 15.

YOU KNOW, AREA B IS ALREADY UP TO 92 AND 94.

BUT I AGREE WITH WHAT WAS DISCUSSED AND I THINK YOU HAVE TO LOOK AT FILLING D FIRST.

I THINK IT'S VERY RATIONAL TO DIVIDE IT UP EVENLY OR, YOU KNOW, MOVE THE NUMBERS AROUND.

BUT PEOPLE AREN'T RATIONAL, ESPECIALLY IN THAT SHOPPING CENTER AND THEY'RE GONNA COME IN AND WHO KNOWS WHERE THEY'RE GONNA GO.

BUT I THINK D FIRST AND THEN B.

SO I DON'T SAY, I DON'T BELIEVE THE DATA.

I THINK WE SHOULD LOOK

[02:30:01]

AT ANOTHER DAY.

UM, MAYBE THESE AREN'T REPRESENTATIVE, I DON'T KNOW.

I DON'T KNOW WHAT THE BIGGEST SHOPPING DAY IS IN THAT CENTER.

THANKS TOMMY.

MAYBE IT'S NOT.

THANK YOU TOM.

JOHAN.

WAIT, UH, CAN I FINISH PLEASE? OH, I'M SORRY.

I THOUGHT YOU WERE DONE.

I ALONG.

I'M SORRY.

UM, I DISAGREED, UH, WITH WALTER.

I DO THINK WE SHOULD BE FOCUSING ON THE NORTH END.

I DON'T THINK PEOPLE ARE GONNA GO BEYOND SHOPRITE FOR THIS, ALTHOUGH YOU ARE GONNA PUSH SOME PEOPLE PROBABLY FROM D OVER TO ANOTHER ONE.

I DON'T KNOW WHAT THE IMPACT IS ON THAT.

UM, MY LAST THING IS VERY QUICKLY AND IT'S ABOUT THE SIDEWALK.

SORRY HUGH, YOU'RE GONNA YELL AT ME.

I LIKE 'EM THE WAY THEY ARE.

I THINK THEY PROTECT THE PEDESTRIANS BETTER.

UH, I'M SORRY, I LIKED YOUR NEW VERSION OF THE SIDEWALK BEHIND THE BUILDING GOING OVER TO, UM, OR IT'S GOING FROM PIZZA HUTT OVER AS IT IS NOW ON THE ISLAND BECAUSE I THINK IT'S MORE PROTECTED.

OKAY.

THANK YOU JOHANN.

I WAS JUST GONNA SAY AS FAR AS, UM, MEASURING THE DATES, UH, IF THAT STORE THAT YOU MENTIONED, I FORGET THE NAME OF IT, THAT'S CLOSE FRIDAY.

AMAZING SAVINGS.

YEAH, THEN, AND THEY'RE GOING TO BE THERE FOR A WHILE.

THEN THE DATA IS, IS RELEVANT.

THE STORE ISN'T GONNA MOVE UNLESS SOMETHING ELSE IS MOVING.

SOMETHING ELSE IS MOVING INTO THAT AREA AND WE'RE TALKING YEARS DOWN THE ROAD, THEN IT WOULD BE WORTHWHILE CHECKING OUT THE DAYS.

BUT AS IS THE DA THE DATA THAT THEY PROVIDED SHOULD BE ADEQUATE IN MY OPINION FOR THE RECORD.

AMAZING SAVINGS IS THERE LONG BEFORE SHOPRITE WAS THERE.

IT'S BEEN THERE FOREVER.

IT'S ONE OF THE LONGEST TENANTS I BELIEVE IN THE BUILDING.

IN, IN THE SHOPPING CENTER CURRENT.

YEAH.

WELL, ALL THE MORE REASONS WHY THE DATA SHOULD BE SHOULD BE REMAIN AS IS.

I DON'T, I DON'T SEE THE WELL, THAT'S EXACTLY WHY YOU'RE GONNA CHECK DAYS WHERE IT'S OPEN AS WELL, I THINK.

OKAY.

IT'S A, IT IT DOES DO A FAIR AMOUNT OF BUSINESS.

UM, ANYTHING ELSE? JOHAN? AARON? I KNOW, I KNOW WE HAVE A TI TIME, CR TIME CRUNCH.

WE'RE GONNA ACTUALLY STOP IN ABOUT THREE OR FOUR MINUTES SINCE WE HAVE ONE.

WE'RE AT HA HAVE ONE MORE PROJECT TONIGHT THAT WE HAVE TO GO TO WALTER, JUST FOR CLARIFICATION, IS THE HUNDRED, UH, THE ROOF PARKING SPACES INCLUDED IN THE ACCOUNT? OKAY.

THEY ARE, THEY SHOULDN'T BE, BUT THEY ARE.

IT SHOULD HAVE BEEN FIXED THE LAST TIME WE LOOKED AT THIS BECAUSE THEY ARE, WE KNOW THAT THEY'RE NOT, UH, THEY'RE NOT CODE, BUT THEY, BUT THEY ARE LEGALLY PERMITTED TO BE THERE.

THEY'RE LEGALLY NON-CONFORMING AND PERMITTED TO REMAIN WITH DUE RESPECT TO CHAIRMAN.

I DIDN'T SAY CHECK THEM OUT, BUT IF YOU, IF YOU'RE ASKING, I'M JUST SAYING THAT THEY'RE, THEY'RE LEGALLY THERE.

THEY'RE NOT, THEY'RE NOT, THEY'RE NOT UNABLE TO BE COUNTED.

WE'RE NOT RELYING ON THEM FOR THE STUDY THOUGH.

AND I THINK THAT'S IMPORTANT.

WELL, THE, THE POINT I WANNA MAKE IS IF YOU'RE ASKING US FOR A PARKING WAIVER OKAY.

AND TO ASK US FOR A PARKING WAIVER, UM, WE, I WOULD NOT CONSIDER THE, THOSE SPACES IN FACT THAT THEY, THEY SHOULDN'T BE CONSIDERED 'CAUSE THEY'RE NEVER USED.

OKAY.

THE BY MAYBE 20 PEOPLE AT THE MOST EVER UP THERE WE'VE EVER SEEN UP THERE.

SO I WOULD NEVER CONSIDER 'EM, BUT FRANKLY I DON'T THINK IT'S RELEVANT ANYWAY.

'CAUSE WE KNOW NOBODY WHO'S GOING TO THESE PLACES IS GONNA PARK UP THERE AND PUSH UP THERE.

WHAT'S RELEVANT IS WHAT WE'RE TALKING ABOUT IS FROM SHOPRITE NORTH, I THINK MR. NOLL, I DON'T THINK THE REST OF THE SHOPPING CENTER IS PARTICULARLY RELEVANT TO THE, TO THE DISCUSSION.

UH, WALTER, DID YOU, IS YOUR HAND UP FROM BEFORE? BECAUSE IF NOT, I WANTED, YES.

MY HAND WAS HAND UP FROM BEFORE LOWER.

OKAY.

UM, WE HAVE A LONG WAY TO GO ON THIS.

I, I WISH IT WAS GONNA BE HERE ON THE 20TH, BUT I, I DON'T WANNA SLOW DOWN THIS DISCUSSION.

UM, IF WE CAN PUT IT BACK ON FOR THE, UH, CONTINUING DISCUSSION ON THE 20TH, UH, WE SHOULD DO THAT.

AT WHICH POINT WE SHOULD AGREE ON WHAT WE NEED FOR PARKING STUDY, UM, AND HAVE A, AN ADDITIONAL PARKING STUDY.

HAVE THAT MEETING WITH MR. CANNING, UM, AS WELL.

AND, AND COME TO AN AGREEMENT AT THE NEXT MEETING IN MY ABSENCE.

THE OTHER THING I JUST WANTED TO SAY IS I WISH YOU GUYS HAD TRIED TO FIND A, OH, I HAVE A QUESTION FOR YOU, MR. NALL.

ON THE FAST FOOD SIDE OF THAT, OF THIS PROJECT, THIS PROJECT, IS THAT ONE FAST FOOD RESTAURANT OR MULTIPLE GOING INTO THAT 5,900 SQUARE FEET? WHAT'S YOUR VISION ON THAT? UM, I'M, I'M GONNA ASK OUR CLIENT TO LET ME KNOW.

YOU, YOU DON'T, YOU DON'T KNOW THE ANSWER TO THAT.

OKAY.

SOMETHING I'D LIKE TO KNOW IF IT'S GONNA BE A FOOD COURT OR IS IT JUST GONNA BE A, A SIGNAL? IT'S MOST NO, IT'S MOST LIKELY ONE.

I JUST CUT THE TEXT RESPONSE.

OKAY.

OKAY.

MOST LIKELY ONE, WE'RE DESIGNING EACH OF THESE AS BEING ONE EACH.

UM, NOT A FOOD COURT.

FOOD COURT WOULDN'T, WOULDN'T WORK IN THIS SETTING.

SEE, THE ONE THING I SAID THE LAST TIME AND AND I, I'LL JUST REITERATE IT.

GENERALLY SHARED PARKING IS GIVEN

[02:35:01]

TO PLACES THAT HAVE COMPLIMENTARY TIMES WHERE ONE IS GONNA PEAK IN THE EVENING, THE OTHER'S GONNA PEAK IN THE DAY.

THAT'S NOT THE CASE WHEN YOU PUT A FA WITH A SIT DOWN RESTAURANT.

CLEARLY IT IS OKAY BECAUSE GENERALLY FORMAL DINING H SKEWS MORE NIGHT THE FAST FOOD, QUICK SERVE SKEWS VERY MUCH DAYTIME.

THEY GET SOME BUSINESS AT NIGHT, BUT THEY SKEW DAYTIME ALMOST ALL OF THEM.

IT VARIES DEPENDING ON WHICH FAST FOOD, BUT THEY GENERALLY QUICK SERVE, BUT THEY GENERALLY SKEW TOWARDS THE LUNCH HOUR.

UM, WHICH MAKES IT HARDER FOR US.

'CAUSE I WANT TO BE ABLE TO DO THIS.

I KNOW THAT I COULD DO OTHER, WE COULD DO OTHER CREATIVE THINGS FOR SIT DOWN THAT WE CAN'T DO WITH QUICK SERVE, LIKE STRUCTURED PARKING, VALET PARKING FOR EXAMPLE.

THAT WOULD MAKE LIFE A LOT EASIER FOR US AND PARK THOSE CARS IN, IN AREA B AND NOT WORRY ABOUT ABOUT ALL THIS.

WE CAN'T DO THAT WITH, WITH A QUICK SERVE THOUGH.

UM, WHICH IS AGAIN WHY I SAID, ARE YOU SURE THAT'S WHAT YOU WANT IN THERE? UH, IS THAT REALLY THE BEST USE OF IT? I'M ALSO CONCERNED AGAIN ABOUT THE ACCESS FROM THE SOUTH AND ANYBODY EVEN KNOWING IT'S THERE FROM THE SELF.

WE'VE ALREADY HAD ONE FAILED QUICK SERVE IN THAT SPACE, WHICH IS SMASHBURGER.

UM, I DON'T KNOW HOW CHAPO'S DOING, UM, ALTHOUGH CHAPO'S REALLY MORE FAST CASUAL THAN QUICK SERVE.

SO I DON'T, I DON'T KNOW.

SMASHBURGER DID NOT, DID NOT DO WELL THERE.

AND IT MAY BE 'CAUSE YOU CAN ONLY GET TRAFFIC FROM THE NORTH.

YOU'RE NOT GONNA GET PEOPLE FROM THE SOUTH IMPULSE TRAFFIC.

AGAIN, JUST SOMETHING TO LOOK AT.

I DON'T KNOW IF THERE'S SOMETHING ELSE CREATIVE YOU COULD DO WITH IT.

UH, CREATIVE, YOU KNOW, JUST, JUST A THOUGHT MR. NOLL.

THAT'S ALL.

I'M, YEAH, I'M NOT, I'M NOT LOOKING TO ANSWER IT OTHER THAN TO SAY THE SPACE HAS BEEN EMPTY FOR THREE YEARS AND, AND OUR CLIENTS WHO ARE WELL EXPERIENCED IN, IN LEASING CONSIDER THIS THESE TWO OPTIONS AS BEING THE BEST WAY TO RETURN THEM TO A VIABLE USE.

I I DO THINK THAT AS YOU, AS THIS BOARD HAD WISELY RECOGNIZED AT THE LAST SESSION, UM, SHARED PARKING ADDRESSES, ALL, ALL USES IN THE AREA, NOT JUST THIS ONE BUILDING.

AND, AND THERE ARE MANY USES IN THE RETAIL THAT ARE NOT BUSY LATE AFTERNOON AT NIGHT.

AND, AND THE COMPLIMENTARY NATURE OF THE, OF THE PARKING DEMANDS ARE, UM, INDICATED IN THE STUDY THAT WE PROVIDED.

SO WE, WE LOOK FORWARD TO WORKING WITH JOHN CANNING AND YOUR PLANNING STAFF TO GET YOU ADDITIONAL DATA SO THAT WE CAN CONVINCE YOU THAT I'D APP.

I APPRECIATE THAT.

WHAT WE'RE ALREADY, WE'RE ALREADY COMFORTABLE WITH.

THANK YOU.

I'D LIKE TO SEE SUPPORT, UH, SUPPORTED THAT.

'CAUSE OUTSIDE OF MAYBE THE WINE STORE, I CAN'T THINK OF ANY THAT DOESN'T FIT THE SAME DAY PART.

AND I KNOW THAT SHOPPING CENTER PRETTY WELL, BUT YOU COULD BE RIGHT.

I DON'T KNOW.

I'M, I'M WELL MAYBE RED LOBSTER AT THE, AT THE END, WHICH HAS NO, IM NO IMPACT ON THIS PROJECT WHATSOEVER IN MY VIEW.

BUT AS I SAID, I, I HOPE WE CAN FIGURE OUR WAY OF DOING THIS.

I'M WORRIED ABOUT THE SAFETY ISSUE AND CARS GOING A, YOU KNOW, AROUND, I THINK YOU DID A WONDERFUL JOB OF CLEANING UP THE NORTH END.

I REALLY DO.

I THINK YOU'VE DONE THAT VERY, VERY WELL.

BUT I'M STILL A LITTLE BIT WORRIED ABOUT THE, I'M STILL CONCERNED ABOUT PEOPLE GOING OVER IN FRONT OF SHOPRITE AND I DON'T KNOW.

AND PARTICULARLY WHEN WE CAN'T, WE'RE NOT IN A POSITION.

YOU ARE NOT IN A POSITION.

YOUR CLIENT'S NOT IN A POSITION TO DO WHAT REALLY NEEDS TO BE DONE WAS RECONFIGURED THE WHOLE PARKING LOT.

NOT JUST THIS.

'CAUSE THERE ARE NO WALKWAYS.

WE WOULD NEVER BUILD THIS PARKING LOT TODAY.

NEVER, EVER.

AND THERE'S NO PLACE FOR PEOPLE TO WALK IN FRONT OF SHOPRITE.

AND IF WE'RE DRIVING CARS OVER THERE, THAT CAN CAUSE ACCIDENTS.

PEOPLE TEND TO WALK BEHIND CARS WHEN THEY'RE BACKING OUT, YOU KNOW, AND, UM, SOMETHING TO CONSIDER.

OKAY.

THANK YOU VERY MUCH FOR YOUR TIME.

LOOKS LIKE MONA HAS HER HAND UP.

MS. YES, MONA, LAST QUESTION.

ANOTHER QUESTION.

I HAVE SOMETHING TO SAY.

UM, THERE WAS ONE OTHER POINT BROUGHT UP BY THE APPLICANT AND IT'S ABOUT OUR ACCOUNTS FOR PARKING.

AND I THINK HE HAS A POINT.

WE'VE SAID TIME AND TIME AGAIN THAT OUR ACCOUNTS FOR PARKING ARE SKEWED AND THEY NEED TO BE ADDRESSED.

AND I BELIEVE THEY DO.

THAT'S MY POINT.

AND THEY'VE GOTTEN THREE PARKING WAIVERS ALREADY HERE JUST FOR THE RECORD AS WELL.

AND I JUST WANNA HIGHLIGHT ONE OTHER THING IF I MAY, MR. CHAIRMAN.

AND THAT IS, I THINK YOU WISELY NOTED, UH, AT THE LAST SESSION, THAT IF WE NEEDED TO LOSE A FEW PARKING SPACES IN ORDER TO IMPROVE PEDESTRIAN CIRCULATION, THAT WE HAD THOSE PARKING SPACES TO LOSE.

AND WE, WE TOOK YOUR ADVICE AND, AND WE THINK MADE A SIGNIFICANT IMPROVEMENT IN PEDESTRIAN SAFETY AND CIRCULATION.

SO WE LOOK FORWARD TO HAVING FURTHER DISCUSSIONS WITH THE BOARD ABOUT THAT.

OKAY.

I DON'T THINK, I SAID YOU HAD THE PARK PARKING SPACES TO LOSE, BUT THE REST OF IT I I AGREE WITH, I, I DON'T THINK THERE ARE ANY PARKING SPACES TO LOSE THERE.

I JUST

[02:40:01]

HOPE IT WORKS.

BUT, UH, I, I WANNA SEE THIS WORK.

I REALLY DO.

I I JUST NEED TO BE SHOWN THE DATA THAT MAKES ME COMFORTABLE THAT I CAN IMPROVE THIS TO WORK.

THAT'S HOW, THAT'S WHY I'M ASKING THE QUESTIONS.

I AM, THANK YOU VERY MUCH.

WE NEED TO MOVE ON.

THANK YOU FOR YOUR TIME.

THIS WILL BE PUT ON FOR THE 20TH WHERE YOU CAN, UH, I'LL BE ON VACATION WITH MR. HAY WILL BE CHAIRING THAT MEETING AND WE'LL DO AN ABLE JOB OF DOING THAT.

THANK YOU AGAIN.

LOOK FORWARD TO SEEING YOU SOON.

THANK YOU.

BYE.

HAVE A GOOD NIGHT.

THANK YOU.

YEP.

OKAY.

OUR LAST OF THE NIGHT IS, UH, PB 2114 MARION WOODS AT 1 52 RIDGE ROAD.

WE HAVE, UH, AVINGTON STATES, WE, WE HAVE SEEN THIS BEFORE.

UM, THIS IS ACTUALLY INSIDE THE HARTS BROOK PRESERVE, THE, OUR PARK.

WE HAVE SEEN THIS IN A WORK SESSION BEFORE, UH, WHERE THEY PLAN ON SUBDIVIDING OFF THE MANSION THAT'S ON THE PROPERTY, UH, FOR SALE.

UH, OUR JOB AT THIS POINT, AND I'D LIKE TO BE ABLE TO DO IT TONIGHT, IS TWO THINGS.

ONE IS, UH, I'D RECOMMEND THAT THERE BE AN UNCOORDINATED REVIEW BETWEEN US AND THE Z B A.

IN OTHER WORDS, WE MAKE OUR OWN SEEKER, US MAKE A SEEKER DETERMINATION.

AND THE Z B A REASON FOR THAT IS ALLOWS THE Z B A TO MOVE AHEAD ON THE VARIANCES WITHOUT US HAVING TO YET MAKE THE SECRET DETERMINATION HERE.

IT'S A WAY OF EXPEDITING THE, THE APPLICATION.

AND THE SECOND, I'D LIKE TO LEAVE HERE TONIGHT, UH, WITH A RECOMMENDATION TO THE Z B A POSITIVE, NEUTRAL OR, OR, UH, OR NEGATIVE ON, UM, ON THE, ON THE VARIANCES THAT ARE REQUIRED FOR THIS TO HAPPEN.

WITH THAT, UH, AARON, DO YOU HAVE ANYTHING ELSE TO ADD BEFORE WE TURN IT OVER TO THE APPLICANT? UM, YEAH, I, I MIGHT AS WELL.

UM, SO AS YOU MENTIONED, CHAIRPERSON SCHWARTZ MARION WOODS FOR PROPERTY LOCATED AT 1 52 RIDGE ROAD, PO HARTSDALE IN THE R 21 FAMILY RESIDENCE ZONING DISTRICT.

THE PROJECT INVOLVES THE PROPOSED SUBDIVISION OF ONE EXISTING LOT INTO TWO LOTS FOR THE PURPOSE OF ISOLATING AN EXISTING HOUSE KNOWN AS THE COOL LOCK HOUSE TO BE USED AS A RESIDENCE.

THE EXISTING 11.22 ACRE PROPERTY IS PROPOSED TO BE SUBDIVIDED TO CREATE A SEPARATE ONE ACRE PARCEL TO CONTAIN THIS EXISTING RESIDENCE, WHICH IS TO REMAIN.

PROPERTY IS LOCATED ADJACENT TO THE HARTSBURG PARK AND PRESERVE SITE, AND CURRENTLY CONTAINS, AS I MENTIONED, THE OCK HOUSE MANSION AND THE SISTERS OF MERCY ADULT CARE FACILITY AND CONVENT.

THE NEW ONE ACRE PARCEL WOULD CONTAIN THE OCK HOUSE MANSION AND SOME SURROUNDING LAND AREA.

THE BUILDING INSPECTORS DETERMINE THAT FOUR AREA VARIANCES ARE, ARE REQUIRED RELATED TO SIDE YARD SETBACKS, FLOOR AREA RATIO, NOT HAVING DIRECT ACCESS AND FRONTAGE ONTO A ROADWAY BUILT TO TOWN STANDARDS, AND FOR PROPOSING A SUBDIVISION WHICH WOULD RESULT IN A NON-CONFORMING LOT.

AS YOU MENTIONED, CHAIRPERSON SCHWARTZ.

AFTER TONIGHT'S DISCUSSION, THE BOARD MAY WISH TO CONSIDER ISSUING ITS RECOMMENDATION TO THE Z B A.

I'LL TURN THINGS OVER TO THE APPLICANT'S TEAM AT THIS TIME.

GO.

THANK YOU.

UM, I'M JOHN KIRKPATRICK.

UH, I REPRESENT THE APPLICANT, MION WOODS INC.

UM, MARIAN WOODS IS, UH, A, UH, CORPORATION FORMED BY A CONSORTIUM OF, UH, SEVERAL ORDERS OF SISTERS, UH, FOR THE PURPOSE OF, UH, OF, UH, PROVIDING A RETIREMENT HOME FOR ELDERLY SISTERS.

UM, YOU HAVE SEEN THIS BEFORE, BUT LEMME JUST QUICKLY SAY THAT THIS IS A PROPERTY THAT WAS ORIGINALLY PURCHASED BY THE ARCHDIOCESE OF NEW YORK IN THE, IN THE 1950S.

UH, THEY HAD INTENDED TO USE IT TO BUILD AN ADDITIONAL SEMINARY, BUT UNTIL THEY NEEDED THAT SEMINARY, THEY ALLOWED THE OCCUPANTS TO REMAIN THE OCCUPANTS, UH, OCCUPIED.

OF COURSE, THE, UH, THE KULAK HOUSE, UM, THINGS DIDN'T GO AS ANYONE EXPECTED.

UM, THE FAMILY LEFT THE ARCHDIOCESE DIDN'T NEED THE PROPERTY AFTER ALL.

UH, AND SO IT WAS WORKED OUT WITH THE, UH, THE TOWN, THE COUNTY, AND THE STATE, UH, TO CREATE THE PARK THAT'S KNOWN AS HARTSBURG PRESERVE.

AND PART OF THAT WAS TO, UH, CREATE, UM, A LOT, A FLAGGED LOT IN THE MIDDLE OF THE PRESERVE, UM, WHICH CONTAINS THAT OLD MANSION, KLAC HOUSE, AS WELL AS THE, UH, NEW RETIREMENT RESIDENCE THAT WAS BUILT BY MARION WOODS INC.

UM, FOR SEVERAL YEARS.

[02:45:01]

UH, THE KLAC HOUSE WAS ACTUALLY USED, UH, FOR OFFICE SPACE BY THE SISTERS OF MERCY.

UH, BUT IT'S BEEN VACANT FOR QUITE A FEW YEARS NOW AND IS IN SERIOUS NEED OF RENOVATIONS.

UM, MARION WOODS, UH, THE ORDERS OF SISTERS, UH, CANNOT AFFORD TO RENOVATE IT OR TO KEEP IT, SO THEY WISH TO SELL IT ON ITS OWN LOT FOR USE AS A SINGLE FAMILY RESIDENCE, WHICH WOULD BE IN ACCORDANCE WITH EXISTING ZONING.

UH, AND BY THE WAY, ONCE SOLD AND RENOVATED, THAT IS GOING TO BE A VERY DESIRABLE HOUSE LOCATED IN THE MIDDLE OF A PARK.

AND OF COURSE, WE'LL BE BACK ON THE TAX ROLLS.

I WANTED TO ASK THE ARCHITECT, MICHAEL MULLIN, UH, TO SHOW YOU THE PLANS, UH, TO INDICATE WHY AS WE NEED VARIANCES AND HOW THIS ALL WORKS OUT.

MICHAEL, I'M MICHAEL MULLIN.

I'M THE ARCHITECT, UH, FOR THE CLIENT.

UH, IF PERMITTED, I CAN SHARE MY SCREEN.

UM, YES, PLEASE DO SO.

YOU SHOULD BE SEEING RIGHT NOW A CLOSEUP OF THE PROPOSED LOT.

THE EXISTING LOT THAT IS DEDICATED TO MARION WOODS IS JUST OVER 11 ACRES AND WE'RE SUBDIVIDING A LOT.

THAT'S JUST ABOUT ONE ACRE.

UH, SO THAT PRESERVES AT LEAST 10 ACRES FOR MARION WOODS, WHICH WOULD BE A REQUIREMENT FOR ITS, UH, FUNCTION IN THIS ZONE.

UM, SO THE LOT WE'RE PROPOSING, UH, BASICALLY SURROUNDS THE HOUSE TOWARDS THE, UH, EAST OF THE EDGE OF THE PROPERTY.

IT PRESERVES ON THE MARION WOODS PROPERTY, THE LANE, WHICH IS THEIR, UH, LANE THAT GOES FROM THE PROPERTY TO RIDGE ROAD.

I'LL SHOW YOU THE, UH, PREVIOUS FULL SITE.

SO THIS IS THE FULL SITE.

YOU CAN SEE IT'S A FLAG SITE, UH, WITH A WIDE STRIP OF LAND THAT GOES TO RIDGE AND THE ROAD THAT COMES IN.

THIS IS THE RETIREMENT HOME HERE.

AND THIS WAS ANOTHER LITTLE OUTER BUILDING THAT WAS PART OF THE ESTATE.

RIGHT NOW, MARION WOODS HAS AN EASEMENT SO THAT, UM, PEOPLE ARRIVING AT THE SITE COME IN ON THIS LANE THROUGH THE PARK AND THEN PARK HERE AND THEN EXIT OUT THIS WAY BY SUBDIVIDING THE HOUSE AS WE'RE SHOWING, WE'RE CREATING AN ACRE LOT.

UH, AND FOR THE MOST PART WE COULD GET IT TO COME CLOSE TO COMPLY TO THE REQUIREMENTS EXCEPT FOR, UH, THE VARIANCES WE'RE TALKING ABOUT.

FIRST IS IT'S NOT, UH, HAS NO FRONTAGE ON RIDGE ROAD, SO IT'S COMPLETELY LANDLOCKED BY THE MARION WOODS SITE AND THE PARKLAND, WHICH IS ON ALL OTHER SIDES.

UM, SECONDLY, THE SIZE OF THE HOUSE, BECAUSE IT'S A BIG HOUSE, IT, UH, HAS, UM, THREE LEVELS ON.

IT HAS A HIGHER FLOOR AREA RATIO THAN NORMALLY PERMITTED FOR A LOT OF THIS SIZE IN THIS ZONE.

AND SINCE WE DON'T WANNA MAKE THE ACREAGE ANY BIGGER AND WE CAN'T MAKE THE HOUSE SMALLER, WE'RE LOOKING FOR A VARIANCE ON THAT AS WELL.

THE THIRD VARIANCE IS, UH, HAS TO DO WITH THE SIDE LOT.

I'LL GO BACK TO THE CLOSEUP OF THE LOT.

SO THERE'S A, A, A SIDE REQUIREMENT, UM, WHICH WE MEET, UH, THE 18 FEET RIGHT ON THIS WESTERN PORTION OF IT.

BUT IN THE PREVIOUS SITE PLAN THAT WAS APPROVED THERE WAS RESERVED THIS SHADED AREA, WHICH IS FUTURE POTENTIAL PARKING, WHICH THE PLANNING BOARD, UH, REQUIRED AT THE TIME THE ORIGINAL SITE WAS APPROVED.

SO THERE'S ALL THE EXISTING PARKING, AND THIS IS CURRENTLY GRASS, BUT IT COULD BE TURNED INTO PARKING AT THE REQUEST OF THE PLANNING BOARD TO RESPECT THAT.

THEN WE BRING OUR 18 FOOT SETBACK IN A LITTLE BIT TO AVOID COMPROMISING THOSE FUTURE SPACES.

CONSEQUENTLY, OUR SIDE LOT IS NOT DEEP ENOUGH HERE, SO THAT WOULD BE THE THIRD REQUIREMENT.

AND BECAUSE WE'RE CREATING A, UM, NON-CONFORMING LOT, THAT'S A, UH, ANOTHER VARIANCE IN AND OF ITSELF.

I DON'T KNOW IF YOU HAVE ANY QUESTIONS, I'D BE HAPPY TO ANSWER THEM.

LEMME UH, POINT OUT, UH, THAT, THAT WE ALSO, UH, HAVE HERE WITH US TONIGHT, TWO MEMBERS OF THE BOARD, UH, FROM MARION WOODS.

WE HAVE SISTER GENE GILLIGAN AND JOHN MALONEY.

UH, SO THEY MIGHT BE QUESTIONS FOR THEM.

UH, BUT ALL OF US ARE READY TO ANSWER QUESTIONS.

AND OF COURSE, AS THE CHAIR HAS POINTED OUT, WHAT WE'RE REALLY INTERESTED IN TONIGHT IS A POSITIVE RECOMMENDATION TO THE ZONING BOARD SO WE COULD MOVE FORWARD WITH THAT SIDE OF THE APPLICATION.

OKAY? OKAY.

ANYBODY FROM THE BOARD HAVE QUESTIONS? UM, I COULD YOU TAKE THE, THE SCREEN DOWN? 'CAUSE I CAN'T SEE EVERYBODY OTHERWISE, I'M SORRY.

UH, TOM, GO RIGHT AHEAD.

UM, THIS SEEMS LIKE A VERY UNUSUAL APPLICATION.

I DON'T IMAGINE WE'VE SEEN MUCH LIKE THIS IN THE PAST.

SO MY ONLY

[02:50:02]

QUESTION OR CONCERN, AND I THINK IT'S MORE FOR, UM, DAVID AND AARON, IS WHETHER THIS SETS SOME KIND OF PRECEDENT THAT WOULD, UM, RESULT IN SOMETHING WE DON'T WANT HAPPENING ON A DIFFERENT PIECE OF PROPERTY BECAUSE, YOU KNOW, NOT HAVING FRONTAGE, UM, SEEMS TO BE PRETTY UNUSUAL.

DAVE.

UM, YEAH, I'LL, I'LL, UH, I'LL ANSWER THAT.

I THINK WE DID A, A SEARCH THERE.

UM, THERE ARE SO FEW PROPERTIES THAT WOULD FALL WITHIN THIS, UM, TYPE OF SITUATION.

UH, THE ONES THAT COME TO MIND MIGHT BE ON, LIKE, ON ST.

ANDREW'S GOLF COURSE, UM, AND POSSIBLY, UM, NOEL WOOD COUNTRY CLUB, ALTHOUGH THAT MIGHT NOT EVEN BE WITHIN THE, THE TOWNS, UM, UH, , NO, PROBABLY IS ELMER ACTUALLY.

YEAH.

UM, SO, SO THE ANSWER TO THAT IS NO, I DID HAVE A QUESTION FOR THE APPLICANT, BUT I FIGURED I'D WAIT TILL EVERYONE ELSE, UH, SPOKE.

DAVE, GO AHEAD RIGHT NOW.

OKAY.

SO IF YOU CAN SHOW THE, UM, THE PLAN AGAIN, JOHN.

UM, THIS REALLY CONCERNS THE, UM, 18 FOOT SETBACK AND IF YOU CAN ZOOM IN A LITTLE BIT NOW, GO DOWN, UM, YOU HAVE THE, UM, WHAT LOOKS LIKE A DIAGONAL, WHICH IS, IT LOOKS LIKE 15.6.

IS THERE ANY REASON WHY YOU CAN'T SQUARE THAT OFF? UM, BECAUSE YOU, I SEE THE LINED AREAS THERE, UH, YOU KNOW, JUST TO GET RID OF THAT VARIANCE.

NO REASON WE CAN'T SQUARE IT OFF.

OKAY.

SO THAT, THAT WOULD GET RID OF ONE VARIANCE, WOULDN'T IT? MICHAEL? WOULD THAT, UM, THERE'S SOME INTERPRETATION ON THAT IN THE SENSE THAT, UM, UH, HOW WITH THE REAR, UH, YARD BEING 30 FEET, SHOULD THAT SQUARE BE 30 FEET FROM THE BACK OF AT LEAST THAT WING OF THE HOUSE AND THEN 18 FEET FROM THAT CORNER.

SO THAT'S SUBJECT TO YOUR INTERPRETATION.

BUT TO BE FRANK, IF, IF YOU FELT YOU WOULD APPROVE, UH, THIS WITH THIS SQUARED OFF, THAT WOULD BE FINE.

COMPLETELY SQUARED.

UH, THAT LITTLE CORNER STARTS APPEARING INSIDE THE PARKING LOT, LIKE ON THE CURB.

SO AGAIN, IT WAS JUST ONE OF THOSE THINGS THAT IT'S A NUANCE THAT WE DON'T THINK THE APPLICATION SHOULD, UH, LIVE OR DIE ON THIS ONE THING.

BUT WE COULD WORK WITH YOU ON THAT IF THAT'S AN ISSUE.

I JUST, IT WAS JUST FOR CLARIFICATION BECAUSE THE WAY IT'S MORE THE, IT'S REALLY THE BOARD'S DECISION ON THAT.

I THINK AARON, JUST, IF I'M WRONG, SIDE YARD SET SETBACK OR THIS FRONTAGE YOU THE AVERAGE, RIGHT? SAY IT AGAIN, I'M SORRY.

FRONTAGE.

YOU FIGURE ON THE AVERAGE ON SETBACK, RIGHT? LIKE WHEN YOU HAVE IT, WHEN YOU, WE HAVE IN THE REGULAR LOT LIKE THIS, YOU FIGURE AND YOU'RE TRYING TO FIGURE FRONTAGE, YOU DON'T, THERE'S ONE, ONE MEASUREMENT.

I KNOW THAT YOU DON'T LOOK NECESSARILY JUST AT THE FRONT.

YOU, YOU CAN TAKE IT AT THE FRONT PROPERTY LINE OR THE FRONT SETBACK LINE.

OKAY.

BUT THAT'S, THAT'S FOR FRONTAGE, BUT NOT, NOT FOR SETBACKS.

OKAY.

THAT'S FOR WIDTH.

LIKE WIDTH.

OKAY.

OKAY, MICHAEL? YES.

YEAH.

UM, LOOK, IN TERMS OF THE RECOMMENDATION, UM, YOU KNOW, THE, THE ZONING LAW AND THE VARIANCES WE'RE TALKING ABOUT, YOU KNOW, ARE GENERALLY DESIGNED TO PROTECT THE NEIGHBORS SETBACK, SO ON AND SO FORTH.

UM, NUMBER ONE, THERE ARE NO NEIGHBORS TO PROTECT NUMBER TWO, I MEAN, FRONTAGE GENERAL ROAD, THIS BUILDING APPARENTLY HAS NEVER HAD FRONTAGE GENERAL ROAD.

SO THAT'S SORT OF, YOU KNOW, A MOOT POINT.

UM, I WOULD RECOMMEND A POSITIVE RECOMMENDATION BECAUSE MM-HMM.

, UH, THIS DOESN'T HURT ANYBODY AND THIS IS WHAT THE APPLICANT WANTS.

FINE.

I, I I, I AGREE WITH YOU THAT THE ONE THING JUST, I, JUST SO THEY UNDERSTAND SOME OF THE COMMITTEE FEEDBACK, WE'VE HEARD, WE DON'T MAKE DECISIONS BASED ON THAT.

WE MAKE DECISIONS BASED ON THE LAW, THE CONCERN THAT THEY HAVE.

AND I THINK IT'S ACTUALLY ALREADY COVERED THE, THIS IS IN THE RESIDENTIAL ZONE, IS THAT THAT CORRECT, AARON? YES.

THIS IS A, WHAT IS THIS? IN OUR, OUR WHAT? R 20.

R 20.

OKAY.

SO THEY, THEY, WE'VE GOTTEN CONCERNS LIKE, OH, YOU'RE GONNA TURN IT INTO A BED AND BREAKFAST OR, OR, YOU KNOW, ANIMAL HOUSE.

UM, I DON'T THINK EITHER OF THOSE THINGS IS GONNA HAPPEN AND FRANKLY, UNDER OUR LAW, THEY CAN'T HAPPEN.

AND OKAY, SO, UM, I'M NOT, WE'RE NOT REALLY WORRIED ABOUT THIS.

UH, YOU GUYS ARE WONDERFUL NEIGHBORS.

YOU KEEP THE PROPERTY EXTREMELY WELL.

UH, I LOVE GOING THERE.

I WISH I COULD AFFORD TO BUY THAT HOUSE.

I'LL TELL YOU, IT'S, IT'S JUST A FANTASTIC LOCATION.

I, I AGREE WITH MICHAEL.

I THINK WE SHOULD

[02:55:01]

JUST GIVE IT A POSITIVE RECOMMENDATION, BUT I'LL LISTEN TO MY COLLEAGUES T AND WALTER, NO, I MEAN I AGREE WITH, UH, UH, UH, ALL, ALL THE THINGS THAT THE APPLICANT HAS SUGGESTED AND, UH, PROPOSES TO DO IT.

AND SOME OF THE COMMENTS THAT, UH, UH, THAT THIS THING IS, IS NOT GOING TO REALLY, UH, HAVE A NEIGHBOR OR ANY OTHER CONCERN STATUS, BUT I JUST DON'T KNOW ON WHAT GROUND WE ISSUE THE POSITIVE RECOMMENDATION.

UM, I THINK, I THINK MICHAEL MAY HAVE SAID IT RIGHT.

A LOT OF TIMES IN THE CASE OF A VARIANCE, YOU LOOK AT IMPACT.

LEMME OKAY, I'M SORRY.

WHAT I'M SAYING IS THAT YES, THAT'S ONE QUESTION.

THE SECOND IS THAT IF THIS IS, LOOKS LIKE A MOST OF IS IN THE PURVIEW OF THE ZONING BOARD AND LET ZONING BOARD TAKE A LEAD AND DECIDE HOW THEY DO IT, I AGREE WITH TOOK APPLICANTS AND THEIR CONCERNS AND THEIR, UH, SPECIAL REQUIREMENTS, BUT, UH, WHY DO WE KIND OF TELL ZONING BOARD ONE WAY OR OTHER? SO I WILL GO FOR NEUTRAL RECOMMENDATION.

OKAY.

OKAY, WALTER AND THEN DAVID.

OKAY.

UH, UM, SOME YEARS AGO, THE ZONING BOARD SPECIFICALLY REQUESTED THAT, UH, UH, THE PLANNING BOARD GIVE THEIR RECOMMENDATION PLUS A NEUTRAL OR NEGATIVE.

SO THIS IS ACTUALLY, WE'RE RESPONDING TO THAT REQUEST, SO WE HAVE THAT OPTION.

SO BY TAKING A POSITIVE RECOMMENDATION, WE ARE NOT TAKING ANYTHING OUT OF THE HANDS OF THE, OF THE ZONING BOARD OR USURPING THEIR AUTHORITY.

WE, UH, WE ARE RESPONDING TO THEIR REQUEST.

AND BASED UPON THAT, AND FOR THE REASONS WHICH I THINK MICHAEL CLEARLY ARTICULATED, I WOULD VOTE A POSITIVE RECOMMENDATION.

THANK YOU, DAVE.

YEAH, I WOULD JUST WANNA CORRECT ONE THING THAT WALTER SAID.

TYPICALLY THAT IS THE CASE FOR, UH, MOST VARIANCES, BUT, BUT IT COMES TO A SUBDIVISION, WHICH THIS IS, THERE ACTUALLY IS A REQUIREMENT UNDER NEW YORK STATE CODE THAT THE PLANNING BOARD MUST MAKE A RECOMMENDATION.

DOESN'T HAVE TO MAKE A POSITIVE ONE, DOESN'T HAVE TO MAKE A NEGATIVE ONE, DOESN'T HAVE TO MAKE A NEUTRAL, BUT IT MUST MAKE ONE.

SO YOU'RE ACTUALLY REQUIRED TO DO THAT.

SO, UM, YOU'RE NOT TAKING IT OUT OF THEIR HANDS AT ALL.

OKAY, THANK YOU.

THANK I CLARIFICATION.

THANK YOU FOR THAT CLARIFICATION.

ANYBODY ELSE BEFORE I JOHANN? WAS THAT YOU WAVING OR NO? YOU'RE OKAY.

LESLIE.

ANYBODY ELSE? NO, MONA, NOTHING.

OKAY, WE NEED TO TAKE A COUPLE OF VOTES HERE.

THIS IS AN UNLISTED ACTION UNDER SEEKER, I BELIEVE.

YES.

OKAY.

CAN I HAVE A MOTION TO DECLARE THIS? AN UNLISTED ACTION UNDER SEEKER? SO MOVED.

SO MOVED.

SECOND.

A JOHAN SECONDS.

WALTER.

WALTER, DID THE MOTION ALL IN FAVOR SAY AYE.

AYE.

AYE.

ALL OPPOSED.

ABSTENTIONS.

OKAY.

UM, I DON'T KNOW WHY WE CAN'T DIG DECK IT RIGHT NOW.

I DON'T SEE ANY REASON NOT TO, UM, COULD I HAVE A MOTION TO DECLARE THIS NEGATIVE DEC DECLARATION UNDER SEEKER? SO MOVED.

MR. HAY? DO I HAVE A SECOND? SECOND.

JOHAN SECONDS.

ALL IN FAVOR? AYE.

AYE, AYE.

AND AGAIN, JUST TO NOTE THAT THIS IS BEING DONE AS PART OF AN UNCOORDINATED REVIEW, SO WE'LL CAPTURE THAT.

RIGHT? SO, SO BECAUSE THIS IS REALLY, WERE A ZONING ISSUE, MR. KIRKPATRICK HAD BEEN A PLANNING ISSUE FROM OUR PERSPECTIVE, EVEN THOUGH WE HAVE A ULTIMATELY HAVE TO PROVE THE SUBDIVISION AT THE END, WE FELT THAT IT MADE SENSE TO HAVE AN UNCOORDINATED REVIEW SO THAT THERE'LL BE A SECOND SEEKER WITH THE ZONING BOARD.

OKAY? THAT'S ALL THAT MEANS.

BUT WE'RE, WE'LL, WE ARE NOW DONE WITH SEEKER WHEN YOU COME BACK TO US THAT ONCE WE TAKE THIS VOTE, OKAY, ALL IN FAVOR OF THAT MOTION, SAY AYE, AYE.

AYE, AYE.

AYE.

ALL OPPOSED.

ABSTENTIONS PASSED.

THIRD THING IS I'D LIKE, UH, SOMEONE TO MAKE A MOTION ON A RECOMMENDATION ON, ON THIS.

I MAKE A, I MAKE A, A MOTION THAT WE RECOMMEND WE WOULD MAKE A POSITIVE RECOMMENDATION TO THE ZONING BOARD WITH RESPECT TO ALL THREE.

UM, UH, ALL FOUR RATHER.

RIGHT? OKAY.

JUST ONE CLARIFICATION.

OKAY.

MICHAEL, DID YOU SECOND IT? OKAY.

ALL IN FAVOR? AYE.

AYE.

ALL OPPOSED.

ABSTENTIONS.

OKAY.

YOU'LL BE GOING TO THE ZONING BOARD TO GET YOUR VARIANCES AND YOU'LL COME BACK TO US AFTER YOU'RE DONE WITH THE ZONING BOARD.

YOU ALREADY ON THE ZONING BOARD SCHEDULE DID WE ARE BEFORE THE ZONING BOARD, BUT WE'RE NOT ON

[03:00:01]

AN AGENDA AT THIS POINT.

OKAY.

SO YOU PROBABLY, YOU PROBABLY WE'LL GET ON TILL AUGUST IS MY GUESS.

SO, WE'LL, WE'LL PROBABLY SEE YOU BACK HERE IN, I WOULD THINK IN SEPTEMBER, BUT WE'LL TAKE THIS SHOULDN'T TAKE US VERY LONG.

WE'LL PUT IT ON AS EARLY AS WE CAN AFTER WE'RE CONFIDENT THERE'LL BE A DECISION FROM THE ZONING BOARD.

RIGHT.

AND IT'LL GO DIRECTLY TO A PUBLIC HEARING BEFORE THE PLANNING BOARD, RIGHT? I, WE, WE DON'T NEED A WORK SESSION.

WE'LL GO RIGHT TO A PUBLIC AS SOON AS WE KNOW WHAT THE ZONING BOARD SCHEDULE IS.

UM, DOUBLE CHECK.

MY UNDERSTANDING IS, YOUR HONOR, FOR THE JULY MEETING, BUT IF THAT'S NOT YOUR UNDERSTANDING, UH, MR. KIRKPATRICK, I'M SORRY, I COULDN'T UNDERSTAND THE QUESTION.

MY UNDERSTANDING IS YOU WERE ADJOURNED TILL THE JULY MEETING, BUT WE'LL, WE'LL DOUBLE CHECK IT.

I'LL GET BACK TO AARON CHECK IF THEY'RE ONTO THE JULY MEETING.

UM, THEY PROBABLY WON'T GIVE A DECISION THEN THOUGH ANYWAY, SO WE'D PROBABLY DO THE PUBLIC HEARING ON THE FIRST MEETING IN SEPTEMBER, IS WHAT I'M THINKING.

AND I, I, THAT'S WHAT I THINK IS THE EARLIEST, IF, IF IT LOOKS LIKE THEY'RE GONNA MAKE A DECISION THAT SAME NIGHT, WHICH YOU COULD TRY TO GET, GET, GET A SENSE FROM EVE GARRETT.

OKAY.

IF IT, IT LOOKS LIKE THEY'RE GONNA MAKE A DECISION ON, ON WHATEVER THAT IS.

THE LAST WEEK IN JULY, WE ONLY HAVE ONE MEETING IN AUGUST.

THAT'S OUR PROBLEM.

OKAY.

I WOULD LOVE TO BE ABLE TO DO THE PUBLIC HEARING FIRST MEETING IN AUGUST IF WE COULD.

SO WE COULD VOTE ON IT AT THE FIRST MEETING IN SEPTEMBER AND THEY CAN GO ON AND DO WHAT THEY NEED TO DO.

OKAY.

THAT'S, THAT WOULD BE MY PREFERENCE IF WE CAN DO THAT FOR YOU GUYS.

ALRIGHT.

WE'LL KEEP A CLOSE EYE ON THAT AND WE'LL, YEAH, I DON'T REALLY, I WOULD FEEL UNCOMFORTABLE HAVING A PUBLIC HEARING AND VOTING THAT NIGHT.

WE DON'T LIKE TO DO THAT, SO WE CAN'T, I I WOULDN'T DO THAT UNFORTUNATELY.

SO, AND WE, WE DON'T HAVE A SECOND MEETING IN AUGUST.

IT'S, SO THAT'S OUR VACATION SUPPOSEDLY FROM THE PLANNING BOARD.

OKAY.

ALL RIGHT.

THANK YOU SO MUCH GUYS.

I REALLY APPRECIATE IT.

YOU HAVE SOMETHING ELSE? THANK YOU, MR. CHAIR.

WE'LL, WE'LL DRAFT UP THAT, UH, WE'LL FINALIZE THE RECOMMENDATION AND GET THAT OFF TO THE Z B A AND SEND YOU A COPY AS WELL, MR. KIRKPATRICK.

GREAT.

THANK YOU, ROY.

HAVE A GREAT, THANK YOU.

HAVE A GOOD EVENING, AND BE SAFE EVERYBODY.

GOOD NIGHT.

ALL GOOD NIGHT.