[ TOWN OF GREENBURGH PLANNING BOARD AGENDA WEDNESDAY, August 16, 2023 – 7:00 P.M. Meetings of the Planning Board will be adjourned at 10:00 p.m. ]
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MEETING OF THE PLANNING BOARD.
UH, COULD YOU CALL ROLE MAP, PLEASE? SURE.
FOR THE RECORD THAT MR. SIMON IS ABSENT AT THIS TIME.
ANYWAY, BEFORE WE MOVE ON, I JUST WANTED TO INTRODUCE YOU TO SOMEBODY SITTING IN THE FRONT ROW.
SHE'S NOT FROM THE F B I, AT LEAST WE DON'T THINK SHE IS.
SHE'S A NOMINEE FOR OUR VACANT POSITION AS AN ALTERNATE IN OUR BLOOD.
HOPEFULLY YOU THE NEXT TIME WILL BE UP HERE, NOT THERE.
YOU STILL HAVE A CHANCE TO BACK OUT AFTER YOU SEE WHAT HAPPENS THERE? EXHAUST CHECKS
SO YOU REALIZE YOU DO SIGN A CONTRACT THAT YOU CAN'T BACK OUT AFTER YOU JOIN.
YOU KNOW THAT YOU HAVE TO FOUR FIGURE WAGE, RIGHT? YOUR TAXES DOUBLE IS WHAT HAPPENS.
DOES ANYBODY HAVE ANY CHANGES TO THE MINUTES? I HAD NO COMMENTS ON THE MINUTES.
THERE WERE VERY GOOD MINUTES I THOUGHT TOO.
ANYBODY, ANYBODY HAVE CHANGES, CORRECT? NO.
LESLIE, MICHAEL? NO, I WASN'T HERE.
CAN I HAVE A MOTION TO APPROVE THE MINUTES THEN? SO MOVED.
WHY ARE THE TITLES BACKWARDS ON THE SCREEN? IT'S A MEASURE, IT'S A GOOD QUESTION.
I MEAN, IT'S OKAY FOR US, BUT IF PEOPLE AT HOME ARE SEEING THAT IT'S ON MY COMPUTER, IT WAS FORWARD.
I GUESS IT'S SOMETHING WITH THE MIRRORING ON THE, OH, MAYBE THAT COULD BE IT.
THANK YOU FOR DISRUPTING THE MEETING.
ANYTHING I CAN DO TO EXTEND THE TIME? I KNOW YOU HAVE NOTHING ELSE TO DO TILL 10 30 TONIGHT.
I KNOW I WOULD'VE NINE O'CLOCK.
THERE'S ONE THING IN CORRESPONDENCE, AND THAT WAS THE LETTER FROM NINE ENERGY, UH, WHICH IS WRITTEN ON THE 7TH OF AUGUST.
WE RECEIVED IT ON THE NINTH, WHICH SAID THEY HAD, THEY HAD A WHOLE LIST OF THINGS IN RESPONSE TO OUR JANUARY, UH, JUNE 7TH MEETING.
I THINK IT WAS AMANDA, RIGHT? YES.
UH, BUT THEY HAD, THEY HADN'T FINALIZED WHAT THEY WERE DOING.
UM, THERE WAS A, A CONVERSATION WITH MATT.
THERE WAS A LETTER THAT WENT OUT FROM GARRETT SAYING THAT WE NEED AT LEAST TWO WEEKS AFTER THE SUBMISSION, UH, TO GIVE US A CHANCE TO DIGEST IT OURSELVES AS WELL AS OUR, OUR CONSULTANT TO DIGEST IT.
SO THEREFORE, IF THEY, THEY ARE NOT ON FOR TONIGHT, UM, THEY COULD BE ON FOR OUR NEXT MEETING, WHICH IS SEPTEMBER 6TH.
HOWEVER, THEY WOULD HAVE TO GET THE STUFF IN BY FRIDAY OR MONDAY.
AND WE HEARD BACK THAT THEY WOULD BE SUBMITTING TOMORROW.
I, ONE OF THE THINGS AGAIN THAT IF YOU DO TALK TO ME, ADVICE TO US, TO THEM IS REMEMBER, WE DON'T REALLY, AS MUCH AS THE SITE PLAN IS IMPORTANT DOWN THE ROAD, THAT'S NOT WHAT THE ISSUE AT HAND IS.
THE ONLY ISSUE AT HAND RIGHT NOW IS THE, IS THE ZONING CODE CHANGE.
SO THAT'S WHAT NEEDS TO BE FOCUSED ON.
GIVEN THAT WE HAVE, WE GRANTED ONE EXTENSION ALREADY.
THAT EXTENSION RUNS OUT SEPTEMBER 5TH.
OUR NEXT MEETING IS SEPTEMBER 6TH.
SO I WOULD LIKE ENTERTAIN A MOTION TO GRANT ANOTHER 30 DAYS TILL OCTOBER 5TH.
TOM, DO YOU HAVE A SECOND? SECOND, SECOND, JOHANN.
FIRST CASE IS THE CROSSROADS SHOPPING CENTER.
UM, IT'S FOR A, UH, PLANNING BOARD, SHARED PARKING, UH, REDUCTION.
UM, THAT, AS YOU RECALL, IS FOR THE, UH, CHARGING STATIONS IN THE NORTHWEST CORNER.
AM I RIGHT? NORTHWEST CORNER NORTH.
NORTHWEST CORNER OF THE PARK PARKING LOT.
UM, THERE WAS ONE REQUEST THAT WE HAD, UH, THAT AT THE TURN-IN BY THE POWER STATION THERE THAT THE WESTERN MOST ENTRANCE TO, TO THE, UH, TO THE SHOPPING CENTER THAT THEY ADD A SIGN POINTING TO WHERE THE, THE, UH, CHARGING STATIONS WILL BE.
THEY'VE ACCOMMODATED THAT SIGN LOOKS GOOD AS FAR AS I'M CONCERNED.
SO, UM, ANY COMMENTS? IF WE TAKE A VOTE ON THIS, WE'LL HOLD TO A CALL IN.
PROBABLY JUST KNOW THAT, HAVE THE LINK.
PROBABLY CALLED ME FRESHMAN IF I WAS IN THE CAR OR SOMETHING.
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ON.DON'T WORRY ABOUT IT TOO MUCH.
WALTER, I'LL CALL HIS CELL AND I'LL TRY AND TROUBLESHOOT FOR HIM.
DID YOU ASK YOU, DID YOU HEAR THAT GARY'S GONNA CALL YOU? HE'LL TRY TO TROUBLESHOOT.
GARRETT'S GONNA JOIN US FOR PART OF OUR MEETING TONIGHT.
ANY COMMENTS ON CROSSROADS BEFORE WE VOTE ON IT? NO.
OKAY, THEN I WILL, UH, EVERYONE SAW THE SIGN.
YEAH, THE SIGN WAS IN YOUR, IN YOUR PACKET THIS WEEK.
AGAIN, THE ONE THING I, I WOULD HOPE MAYBE IT WAS ONLINE, IT WASN'T, IS THAT, THAT WE CAN, IN THE TOWN, IN THE NEXT SIX MONTHS OR SO, GET TO THE POINT WHERE WE HAVE SOME KIND OF OVERALL PLAN FOR E EV.
THERE'S A GROUP, I DUNNO IF YOU KNOW ABOUT IT.
I JUST SENT IT OUT TO EVERYBODY.
THERE'S A, THERE'S ACTUALLY A DISCUSSION GROUP ON GOOGLE HAD JOINED.
YEAH, I HAVEN'T JOINED IT YET.
UH, ON THIS WHOLE, THE WHOLE THING WITH BATTERY STORAGE AND ALL THAT, AND EV SO THERE WAS A MEETING TODAY.
IT WAS VERY MUCH OF A, WHERE YOU CAN GET MONEY TO GET E STATIONS.
THAT'S WHAT IT WAS ABOUT TODAY.
I I WAS ON IT FOR A LITTLE WHILE AND IT WAS VERY MUCH ABOUT THAT.
NOT ABOUT HOW YOU WHERE TO PUT THEM.
IT WAS HOW TO GET THE MONEY TO DO.
UM, SO, SO AS SHERIFF SAYING, I PUT UP THE SIGNAGE ON SCREEN IN CASE YOU HAVEN'T SEEN IT.
UM, AND I BELIEVE WE HAVE TWO VOTES TONIGHT ON THIS PROJECT.
WHAT'S THE OTHER ONE? AND THE, UH, UH, SEEKER.
OH, WE DIDN'T DO SEEKER ON THIS? NO.
THIS IS WHAT DRAFT AN UNLISTED ACTION.
FIRST OF ALL, THEN COULD I HAVE A MOTION TO DECLARE THIS UNLISTED UNDER SEEKER? SO MOVED.
OOH, THAT WAS A, THAT WAS A, A PHOTO FINISH.
ALL IN FAVOR? ALL OPPOSED? OKAY.
SECOND IS TO, UH, TO DECLARE THIS A NEGATIVE DECLARATION UNDER CICA.
DO YOU WANT SEC SECOND, TOM? ALL IN FAVOR? AYE.
I JUST WONDERED WHAT, WHAT I'M VOTING FOR.
SO IT'S, THIS IS THE CHARGING STATE STATION CROSSROADS WE'RE TALKING ABOUT.
SO AYES AGAIN, JUST TO BE SURE.
UM, FINALLY, CAN I HAVE A MOTION TO APPROVE THE SHARED PARKING REDUCTION REQUEST? SO MOVED.
LESLIE, CAN I HAVE A SECOND PLEASE? SECOND IS CURT.
UH, HART HILLS, THE ONE THING THAT, UM, IS A LITTLE BIT DIFFERENT AND, AND THAT MATT JUST PASSED OUT TO YOU, A SLIGHTLY REVISED POSITIVE RECOMMENDATION.
THE, THAT WAS AT MY REQUEST OF THE REASON BEING THAT I THOUGHT THAT THE APPLICANT HAD DONE AN INCREDIBLY GOOD JOB ON THIS AND VERY RESPONSIVE AND, AND IN FACT, THE VARIANCES ACTUALLY ENHANCED WHAT THEY WERE DOING, ALLOWED THEM TO DO WHAT THEY WERE DOING.
SO I THOUGHT IT WAS IMPORTANT TO PUT THAT INTO, INTO THE DOCUMENT.
A COUPLE OF SENTENCES TO THAT.
SO THAT WAS NOT IN THE ORIGINAL, RIGHT? THAT WAS NOT IN THE ORIGINAL, BUT I THOUGHT I, IT WOULD'VE GONE THROUGH ANYWAY.
BUT I THINK WHEN, WHEN AN APPLICANT DOES THAT KIND OF KIND OF WORK, IT SHOULD BE ACKNOWLEDGED.
AND THE ADDITION OF A PATIO AND BALCONY, I THINK IT SHOULD SAY.
AND THE ADDITION OF PATIOS AND BALCONIES, SINCE IT IS MULTIPLE APARTMENT.
I'LL, WE'LL ACCEPT THAT CHANGE.
UM, COULD I HAVE A MOTION TO APPROVE THE POSITIVE RECOMMENDATION ON THIS PROJECT? SO BEFORE WE VOTE FOR THAT, WE SHOULD DO SECRET.
AND THIS IS A TYPE, THIS IS AN UNLISTED ACTION AS WELL.
CAN I HAVE A, A MOTION TO DECLARE THIS? AN UNLISTED ACTION ON SEEKER.
COULD I HAVE A, A MOTION TO DECLARE THIS? A NEGATIVE DECLARATION UNDER SECRET.
ALL OPPOSED? OKAY, THAT, THAT PASSES.
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RECOMMENDATION TO APPROVE THE POSITIVE RECOMMENDATION TO THE ZONING BY THE AS AMENDED? SO MOVED.AND I JUST WANNA BE CLEAR, THIS IS A POSITIVE RECOMMENDATION FOR ALL VARIANCES, RIGHT? CORRECT.
I DON'T WANT HOW MANY, WHAT IS IT? FOUR, SIX, I THINK.
SIX, UH, REQUIRED AREA VARIANCES.
I MEAN, THERE'S, IT'S A GOOD, DOES OUR RECOMMENDATION MAKE THAT CLEAR? YES, IT DOES.
IT'S IN, IT'S IN THE BEGINNING, IN THE DESCRIPTION PART MICHAEL, I BELIEVE.
I BRIEFLY CALL AND REQUEST AN EXECUTIVE RECESSION TO DISCUSS, UH, PROCEDURAL.
CAN I HAVE A MOTION TO, UH, PUT US INTO EXECUTIVE SESSION TO DISCUSS ONE PROCEDURAL ISSUE, PLEASE.
WELL, WE'RE GONNA BE IN THE BACK FOR A FEW MINUTES.
IT SHOULDN'T TAKE US TOO LONG AND WE'LL BE BACK.
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IT WAS FOR PROCEDURAL ISSUE.WE CAN JUST FLIP ONE THING 'CAUSE IT'S A SH SHORTER THING.
THEN WE'LL TAKE YOU GUYS IF YOU DON'T MIND.
IT'S SHOULD BE A VERY SHORT THING AND ELMA WILL BE NEXT.
UM, CASE 85 50 WESTCHESTER VIEW SUBDIVISION.
THIS WAS A SUBDIVISION THAT WAS DONE IN THE EIGHTIES.
AT THE TIME WE DIDN'T, WE DIDN'T KNOW THE TERM INVASIVE SPECIES AND HAD NEVER SEEN A LANTERN, A LANTERN FLY OR WHATEVER THEY'RE CALLED.
SO, UM, WE BASICALLY HAVE TOLD PEOPLE WITH BUFFERS TO LEAVE EVERYTHING ALONE.
IT HAPPENS IN THIS PARTICULAR CASE, THEY HAVE TWO TREES THAT ARE VERY MUCH AN INVASIVE SPECIES AND THE HOME TO LAN TO, TO THESE LANTERN FLIES OR BEETLES OR WHATEVER THEY ARE SPOTTED LANTERN FLIES.
SO THEY WANT TO TAKE THEM DOWN TO DO THAT.
THEY NEED A WAIVER FROM OUR BOARD TO DO THAT.
THERE WAS ONE NEIGHBOR, UH, THEY'VE BEEN CONTACTED THE NEIGHBOR'S FINE WITH IT, UNDERSTANDS THAT THAT'S BETTER.
THEY'RE GONNA REPLACE THOSE TWO TREES WITH TREES THAT, UH, ARE BUT TO NATIVE TREES, NATIVE TREES, THANK YOU.
OR IN HARMONY WITH, WITH THE LO LOCAL, WITH OUR LOCAL TREES.
SO, UM, SO JUST TO CLARIFY, SO IT WOULD BE A REINTERPRETATION OF EXISTING CONDITIONS TO ALLOW FOR REMOVAL OF INVASIVE TREES, WHERE PREVIOUSLY THEY'RE NOT ALLOWED TO REMOVE INVASIVE TREES IN THE CONSERVATION AREA AND TO, TO ADDRESS, UM, NOT ONLY INVASIVE TREES, BUT THE INVASIVE SPECIES OF SPOT AND BLACK.
PRE PROCEDURALLY, DO WE HAVE TO DO SEEKER ON THIS? NO.
AND WELL, THE PREVIOUSLY THEY WERE NOT ALLOWED TO REMOVE ANY TREES.
THE INVASIVE WAS NEVER INVASIVE.
THEY COULDN'T EVEN TOUCH, THEY COULDN'T EVEN TOUCH IT.
IT WAS, THEY JUST HAD TO LET IT GROW OUT.
ARE ARE WE, ARE WE JUST TALKING ABOUT TREE, THE TREE OF HEAVEN HERE OR ALL INVASIVE TREES? NO, THERE, THERE, THESE ARE TWO SPECIFIC TREES.
WE'RE JUST TALKING ABOUT THE TWO TREE OF HEAVENS.
LOOK, UM, I'VE BEEN READING A LOT ABOUT THE SPIDERLAND FLY.
THE MAIN HOSE TREE IS THE TREE OF HEAVEN, WHICH INDEPENDENTLY IS AN INVASIVE SPECIES.
AND IF YOU RUB THE LEAVES, IT STINKS.
WELL, IT, IT SEEMS TO ME THAT WE SHOULD JUST VOTE ON IT.
MEANING THAT THEY CAN CUT DOWN THE TWO TREES OF HEAVEN AND ANY MORE TREES OF HEAVEN THAT GROW IN THE AREA BECAUSE THEY MAY SPROUT AGAIN.
THEY'RE VERY, VERY, YOU KNOW, PRODUCTIVE.
SO AS YOUR RECOMMENDATION TO ALLOW FOR REMOVAL OF ONLY TREE OF HEAVEN THAT, THAT INHABIT SPOTTED LANTERN FLY.
I WOULD TREE OF HEAVEN, WHETHER IT HAS A SPOTTED LANTERN FLY ON IT OR NOT.
MICHAEL, I WOULD, BUT NOT ALL INVASIVE.
I WOULD DISAGREE WITH YOU BECAUSE THEN YOU'RE OPENING YOURSELF UP.
THEY CAME, THEY DID THE RIGHT THING, THEY CAME TO US, WHICH IS GREAT.
I THINK WE SHOULD IMPROVE WHAT THEY ASKED FOR.
AND TO OPEN THAT UP I THINK IS OPENING UP A CAN OF WORMS. I DON'T, I DON'T WANT DO WORM, BUT THEY DON'T WANT COME BACK THESE TWO, ANY MORE TREE OF HEAVENS THAT GROW UP IN THE AIR.
IS IT A TRUE HEAVEN? DO YOU KNOW MA'AM? YES.
MICHAEL, ARE YOU SAYING WITHIN THIS SUBDIVISION, IF BE FIND JUST WITHIN THIS BUFFER, NOT WITHIN THE WHOLE TOWN ANY THAT WE'RE TALKING ABOUT.
ALL MAKE THAT, MAKE THAT MOTION IF YOU WANT.
WE'RE DONE WITH WHAT SISTER FEELING LAST? WELL, NOT LAST, BUT NEXT ON OUR LIST.
SHE, SHE JUST SLOWED DOWN THE MEETING.
WE, WE NOW HAVE SOME, WE NOW HAVE TO GO GET THE, THE BOND SQUAD.
WE, I WAS TRYING TO POISON YOU.
WHERE'S THE BOUNTY? WHEN YOU NEED IT? THAT WAS MY FIRST ACCOUNT.
I WAS TRYING TO POISON YOU, BUT I SMELLED IT.
YOU'VE BEEN TRYING TO DO THAT FOR A LONG TIME.
SO MATT, ALL THESE, UH, IS THERE ANY OTHER TREES THAT ARE INVASIVE SPECIES THAT WE SHOULD REALLY ALLOW THEM TO? WELL, SOME ARE ALREADY BEING, BEING BANNED ANYWAY.
THE TOWN'S BANNING, UM, BAMBOO.
I I I, SO IF YOU HAVE A BAMBOO TREE, YOU'RE
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GONNA HAVE TO TAKE IT DOWN BY LAW IN OUR TOWN RIGHT NOW, THAT'S THE ONLY ONE THEY, THEY'VE MENTIONED WHY THEY DIDN'T PUT THAT IN THIS ONE INTO THE SAME LAW.THEY PROBABLY SHOULD HAVE, BUT YEAH.
BAMBOO TREES ARE GONNA BE, BE BANNED IN GREENBURG.
I THINK, UH, SOMETHING CONSERVATION AREAS, WE SHOULD ALLOW THEM TO TAKE DOWN THE INVASIVE SPECIES.
I COULD, WE WRITE, WE, WE, SO WE NEED A I NEED A, I WAS ACTUALLY ASKING FOR CLARIFICATION OF WHAT THE VOTE WAS ON BECAUSE IT WASN'T TOO CLEAR.
ARE YOU ONLY FOR WESTCHESTER TO VIEW LAND, BUT ARE YOU REINTERPRETING THE CONDITION TO PERMIT REMOVAL OF TREE OF HEAVEN TREES? GENERALLY YES.
THE CONDITION WITHIN THE BUFFER PIECE OF TREES, GENERALLY NO TREE, TREE OF HEAVENS WITHIN THE BUFFER.
WHY NOT THE CONDITION, WHETHER OR NOT THERE'S, WHY NOT ALL, ALL INVASIVE? I THINK, I THINK WHAT WE NEED TO DO, IF WE'RE GONNA DO THAT, WE NEED TO FIRST ALL WE CAN END UP IN FIGHT LOTS OF FIGHTS.
IF WE DO THAT, I THINK, I THINK YOU NEED TO DECIDE, THE TOWN NEEDS TO DECIDE WHAT TREES THEY WANNA REGULATE AND WHAT THEY DON'T.
AND IF THEY WANT TO DO, DO A TREE OF HEAVEN, WHAT THEY DID WITH BAMBOO, LET 'EM GO DO THAT.
BUT I JUST WORRY ABOUT, OH, THAT WAS AN INVASIVE TREE AND IT'S GONE BEFORE WE SEE IT AND IT, AND WE DON'T KNOW THE TREES ARE IN THERE RIGHT NOW.
I DON'T THINK WE WANNA RULE ON IT.
THAT'S I THINK WE'RE OPENING A CAN OF WORMS. WE DON'T NEED TO TO DO, SO THAT'S WHY I WOULD LEAVE IT FOR THE CASE.
DO COME BACK THEN IF TO FIND A BAMBOO IN THERE.
YOU WANT TO COME BACK? NO, THEY DON'T COME HAVE TO COME BACK FOR BAMBOO.
THEY'RE REQUIRED TO APPROVE, PROVE IT BY, UH, THEY WILL BE, AS SOON AS THE BAMBOO TREE LAW PASSES, THEY'RE GONNA BE REQUIRED BY CODE TO REMOVE IT.
BUT ANY OTHER INVASIVE, SO FOR EXAMPLE, IF YOU FIND IN THE FUTURE YEAH.
IT'S JUST TOO DIFFICULT TO, TO MANAGE THAT.
IT'S ONLY BEEN THREE YEARS ACCORDING TO THIS.
JOHN JIM, DON'T GET STARTED AT ELM ELMWOOD PRESERVE.
WE'RE DISCUSSING THE, UH, APPROVAL OF THE, UH, PRELIMINARY, UM, HOW SUBDIVISION ARE WE VOTING ON THE OTHER STUFF? THE STEEP SLOPE AND THE WATER COURSE AS WELL? YES.
SO WE HAVE, WHAT WE HAVE FOR YOU TODAY IS A DRAFT DECISION ON THE PRELIMINARY SUBDIVISION PLANNING BOARD.
STEEP SLOPE PERMIT AND WETLAND WATERCOURSE PERMIT APPLICATIONS FOR ELMWOOD PRESERVE.
NOW THIS COULD TAKE ALL NIGHT IF WE DID IT WRONG.
AND I DON'T THINK ANYBODY WANTS TO DO IT WRONG.
SO WHAT WE'D LIKE IS THE APPLICANT OR OR MATT, TO GO THROUGH WHERE THE CHANGES WERE FROM.
THIS BOARD GOT A PACKET ON FRIDAY.
SINCE THEN, I KNOW THERE'VE BEEN A LOT OF PRODUCTIVE DISCUSSIONS.
PRODUCTIVE DISCUSSIONS AND TRYING TO RESOLVE WHATEVER DIFFERENCES THERE WERE BETWEEN THE TOWN AND, AND, AND YOU GUYS.
SO WHAT I WANT MATT TO DO IS JUST GO THROUGH THEM ONE BY ONE WITH THE BOARD.
IF WE DON'T HAVE A PROBLEM, WE CAN TAKE 'EM OFF OUR TABLE.
IF WE GET THROUGH THEM ALL EFFICIENTLY TONIGHT, WE CAN, WE CAN VOTE TONIGHT.
THAT'S WHAT TR THAT'S WHAT I'D LIKE TO BE ABLE TO DO.
SO THAT, MATT, YOU HAVE THE SHOW FOR NOW.
GOD KNOWS WEDNESDAY OR AMANDA, DID YOU WANT TO, WHOEVER WANTS TO DO IT, YOU GUYS CAN, YOU GUYS CAN DO IT RESPONSIBLY,
UM, WHERE ARE WE STARTING? WHAT PAGE? WE ARE STARTING ON PAGE 14.
CONDITION THREE POINT 11 ACTUALLY IS THIS ONE WHERE THEY HAD FINAL READ 11? THERE WAS ONE SENTENCE ADDED TO THE BOX OBJECTION ON 13.
I CAN, UM, IT'S A LITTLE DIFFERENT WITH THE REVISIONS.
SO I'LL I'LL READ THAT ONE OKAY.
JUST, JUST READ OUT WHAT THE BULLET IS.
YOU DON'T NEED THE PAGE NUMBER.
UM, NOPE, MINE DOES NOT HAVE THAT THREE 11.
YOU CAN EXPLAIN THE CHANGE BECAUSE YOU EXPLAINED IT TO ME VERBALLY BEFORE.
UM, YOU DON'T, YOU DON'T HAVE IT WITH THE CHANGE.
THERE'S A LOT OF PAGES TO FLIP THERE.
THE WORDS THAT WERE AGREED TO.
DON'T YOU SHARE A SCREEN AND, UH, AND, AND RECITE THE CHANGE.
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THAT WOULD BE GREAT GARRETT, IF YOU COULD, BUT OKAY.HE'S GONNA SH HE'S GONNA DO IT.
UM, FILE CERTIFICATE OF OCCUPANCY, OR CERTIFICATE OF COMPLETION FOR A PARTICULAR LOT OF PROJECT WAS ADDED SHALL NOT BE ISSUED INTO ALL CONDITIONS OF THIS PRELIMINARY SUBDIVISION PLANNING BOARD.
AND WHETHER THE WORKFORCE PERMIT HAD BEEN MET AND APPROVED BY THE TOWN ENGINEER, BUILDING INSPECTOR AND COMMISSIONER DEPARTMENT OF T D C.
AND THEN ADDED LANGUAGE, UNLESS THE TOWN ENGINEER, BUILDING INSPECTOR, OR COMMISSIONER OF C, B, AND C DETERMINES THAT AN OUTSTANDING CONDITION IS NOT REQUIRED TO BE COMPLETED PRIOR TO ISSUES OF A FINAL C OF O OR CERTIFICATE OF COMPLETION FOR A PARTICULAR LOCKER PROJECT.
AND PROVIDES WRITTEN CONFIRMATION OF THEREOF TO THE DEPARTMENT OF C, B, AND C AND PROVIDED THAT THE CONTAMINATED SOILS REMOVED FROM
NOW YOU WANNA TELL US WHAT IT MEANS IN ENGLISH? YEAH.
WHERE, HOW DOES THAT CHANGE WHAT, FROM WHAT WAS WRITTEN THERE? IT SOUNDS LIKE IT'S SITE SPECIFIC RATHER THAN THE, THE WHOLE HUNDRED.
THAT'S WHAT IT SOUNDS LIKE TO ME.
IT'S SAYING YOU DON'T HAVE TO HAVE A, A FINAL COMPLETION OF THE ENTIRE THING IN ORDER TO AWARD, RIGHT.
IS THAT CORRECT? A C OF O FOR SPECIFIC SITES? YES.
BUT THERE'S A BUTT IN THERE REGARDING THE REMOVAL OF CONTAMINATED.
WHAT IT, IT SAYS, AND I WANNA MAKE SURE THE APPLICANT UNDERSTANDS THIS AND CORRECT ME GUYS IF I'M WRONG.
IT SAYS IF YOU, LET'S SAY YOU WERE, YOU WERE CITING ON ONE SITE, YOU'RE DIG DIGGING A FOUNDATION.
YOU FIND CONTAMINATED SOIL ON THAT SITE.
YOU NEED TO REMOVE IT FROM THE ENTIRE SITE TO GET THE C F O.
A PILE SOMEWHERE ELSE ON THE, ON THE, THE PROPERTY.
INCLUDING, INCLUDING THE EXISTING VIOLATION.
OR THE CONTAMINATED SOIL ON SITE.
ANY, ANY CONTAMINATED SOIL, ANY CONTAMINATION HAS CONTAMINATED SOIL.
IF, IF THEY EXCAVATE WHEN THEY'RE EXCAVATING SITE, IF THEY FIND CONTAMINATED SOIL, IT HAS TO BE TAKEN OFF SITE.
IT CAN'T BE LEFT ON SITE ANYWHERE.
THE EXISTING VIOLATIONS ARE BEING RESOLVED UNDER SEPARATE SECTION.
WE ARE NOT ROLLING IT INTO IT.
WE ADDED ONE THING TO THAT SECTION YES.
WHY? I DON'T WHY, IF YOU WANT TO GET UP ON THE MIC TO SAY, IS THERE, THERE'S NO, IS THERE A MIC THERE? IS THAT THE, UH, IT'S NOW ON, IT'S GREEN NOW.
FOR SOME REASON MY RED LINE DOES NOT SHOW UP ON THIS LAPTOP.
DO YOU WANT TO GIVE WE HAVE AN EXTRA COPY IF YOU WANT IT.
WELL, IT DOESN'T HAVE THAT LINE IN IT.
DO YOU WANNA JUST EXPLAIN IT? IT'S A TEMPORARY
WE JUST, THE ONLY LANGUAGE THAT WE ADDED TO THAT WOULD BE THE, AT THE END, THIS PROVISION SHALL NOT PRECLUDE THE ISSUANCE OF TEMPORARY CERTIFICATES OF OCCUPANCY.
IT'S JUST THE FINAL CERTIFICATE.
WHICH, WHICH AMANDA EXPLAINED US.
THAT WAS PRETTY MUCH IMPLIED ANYWAY BY SPECIFYING FINAL.
BUT WE JUST WANNA MAKE THAT CLEAR.
AND WE ALSO PROPOSED TO ADD THAT EXACT LANGUAGE AT THE END OF, UM, 7.2 0.21.
AND WHAT WAS THE LAST SEVEN? FOUR.
ANYBODY ON THE BOARD HAVE A PROBLEM WITH, UH, WHAT ARE WE TALKING ABOUT? 3.11 AS REVISED, BUT I THINK THE LOOK, IT SHOULD BE SITE SPECIFIC CONDITION RATHER THAN IT IS SITE SPECIFIC.
YEAH, BUT IT'S NOT, IT SHOULD BE IN THE OTHER SECTION.
USUALLY IT, IT IS, IT'S REPEATED IN 7.4 AND IT'S THREE TIMES.
IT'S ACTUALLY KIND OF REPEATED THREE TIMES IN THREE DIFFERENT SECTIONS IN THE DOCUMENT.
SO LET'S, WE'RE NOT GONNA TAKE A VOTE NOW.
I JUST WANNA MAKE SURE THAT WE'RE OKAY AND DON'T TAKE A VOTE AT THE END.
SO LET'S MOVE ON TO THE NEXT ONE, GUYS.
SO THE NEXT, MATT, WHAT WAS THE NEXT ONE? UH, SO THE NEXT ONE WOULD BE 3.12, WHICH IS A NEW, WHICH IS A NEW PARAGRAPH, A NEW CONDITION, WHICH, UH, STATES THAT DURING THE COURSE OF CONSTRUCTION, THE APPLICANT MUST MAINTAIN, UH, THE APPLICANT OR SUCCESSOR AND INTEREST MUST MAINTAIN SEPARATE STOCKPILES OF CLEAN SOIL AND IMPACTED IN CLEAN SOIL.
IMPACTED SOIL STOCKPILES SHALL BE RIMMED WITH A PERIMETER OF PROPERLY INSTALLED SILT FENCING AND COVERED WITH PROPERLY SECURED PLASTIC SHEETING AT THE CONCLUSION OF EACH WORKDAY AND DURING PRECIPITATION EVENTS.
THE PURPOSE OF THIS ADDITION IS TO ENSURE THAT THERE'S NO, UH, MIXING OF WHAT IS CLEAN AND WOULD GO FOR RESIDENTIAL LOTS AND WHAT IS, UH, POTENTIALLY CONTAMINATED AND WOULD BE SUBJECT TO STRICTER D E C REQUIREMENTS.
EVERYBODY UNDERSTAND THAT? YOU GUYS ARE OKAY WITH THAT? I HAVE A GENERAL SUGGESTION NOT RELATED TO THIS.
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I'M JUST LOOKING ON PAGE 14, APPLICANT OR SUCCESSOR INTEREST.THAT APPEARS THREE OR FOUR TIMES ON ONE PAGE.
IT MAKES NO SENSE BECAUSE WHAT'LL HAPPEN IS ONE OF THESE DAYS YOU'RE GONNA FORGET TO PUT SUCCESSOR AN INTEREST AFTER APPLICANT IN ONE IN CONDITION.
17.46 SHOULD BE, IT SHOULD BE DIFFERENT CONDITION.
AT THE VERY BEGINNING OF THESE CONDITIONS, JUST SAY APPLICANT SHALL INCLUDE THE APPLICANT OR ITS SUCCESS OR AN INTEREST, THEN YOU NEVER HAVE TO REPEAT THAT PHRASE, YOU KNOW, 50 TIMES THROUGHOUT THE DOCUMENT AND YOU'RE WRONG.
HAVE TO WORRY ABOUT MISSING IT.
UM, ANYBODY HAVE PROBLEM WITH, UH, THREE DASH OR 3.12? I'M SORRY.
IS THERE A DISTANCE BETWEEN THE CONTAMINATED AND NON CONTAMINATED? THERE'S NOT ONE ONE SPECIFIED.
UM, THEY'RE JUST TO REMAIN SEPARATED BY FENCING AND COVERED.
NEXT, NEXT IS ANOTHER NEW CONDITION, UH, 3.13, WHICH READS THE PROJECT'S CONSTRUCTION SOIL MANAGEMENT PLAN.
CURRENTLY UNDER REVIEW WITH THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND WESTCHESTER COUNTY DEPARTMENT OF HEALTH MUST BE APPROVED BY BOTH THE RESPECTIVE AGENCIES PRIOR TO FINAL PLATT APPROVAL.
ANYBODY HAVE A PROBLEM WITH THAT? NOPE.
YOU GUYS OBVIOUSLY OKAY WITH THAT.
UH, THE NEXT, UH, SUBSTANTIVE REVISION IS UNDER CONDITION 4.8.
YEAH, IT SHOULD BE ON SEVEN, BUT IT'S PUT IT INTO THREE.
BUT WHY, WHY DO WE REPEAT IT IF IT'S SITE SPECIFIC? KEEP IT SITE SPECIFIC.
THIS THING PROBABLY COULD HAVE DONE MORE EFFICIENTLY IS WHY WE'RE NOT LAWYERS.
IT IS WHAT IT'S, AND WHAT I'D LIKE TO DO IS GET THROUGH IT.
UH, SO WHICH READS THE APPLICANT OR SUCCESSOR AND INTEREST WILL COMPLY WITH ALL APPLICABLE PROVISIONS WITH NEW YORK STATE'S, UH, STORMWATER DESIGN MANUAL DATED JANUARY, 2015, OR THE MOST CURRENT VERSION, OR ITS SUCCESSOR, A STORMWATER MANAGEMENT PLAN, WHICH ADDRESSES STORMWATER QUALITY AND QUANTITY AND ADDED LANGUAGE AS WELL AS EROSION AND SEDIMENT CONTROL MEASURES AND ADDED LANGUAGE MUST BE PREPARED FOR THE PROJECT PRIOR TO THE COMMENCEMENT OF ANY SITE WORK.
THE PLAN AND ITS IMPLE IMPLEMENTATION SHALL BE SUBJECT TO THE APPROVAL OF THE BUREAU OF ENGINEERING.
OKAY, SO WE WENT FROM FIF 2015 2000, SAY 25.
THE ONLY ADDITION WAS THAT THE STORMWATER MANAGE MANAGEMENT PLAN MUST ALSO ADDRESS EROSION AND SEDIMENT CONTROL MEASURES.
I GOT A GRAMMATICAL CHANGE AT THE FIRST SENTENCE.
COMPLY WITH ALL APPLICABLE, APPLICABLE PROVISIONS IN THE, YOU KNOW, NEW YORK STATE.
SO, DESIGN MANUAL OR, YOU KNOW, WITH IS THE WRONG.
I DON'T, I DON'T THINK THE APPLICANT'S GONNA CARE.
AND, AND THIS APPLICABLE PROVISIONS INCLUDE THE, THE CORRECTIONS YOU ARE ADDING ON THE APPLICABLE PROVISIONS IN NEW YORK'S STATE STORM WATER DESIGN MANUAL INCLUDES THE THINGS THAT YOU ARE PROPOSING TO ADD.
SO WE, WE KIND OF DUPLICATING, WE SPELL THINGS OUT IN THIS DECISION TO BE AS OKAY.
IT'S WHAT HAPPENS WHEN THINGS GET WRITTEN BY COMMITTEE
THE, THE NEXT CHANGE IS UNDER FOUR POINT 11 AT THE VERY END, UH, AFTER, UH, DENOTING WHAT, UH, THE APPLICANT MUST COMPLY WITH VARIOUS STANDARDS.
UH, IT ALL, WE ALL ADDED SUBJECT TO SECTION SEVEN OF THIS APPROVAL AS APPLICABLE.
SECTION SEVEN RELATES TO ENVIRONMENTAL REMEDIATION, SITE SPECIFIC TO TWO.
SO YOU SHOULD BE VERY HAPPY, CORRECT? YES.
IF SOMEBODY CHANGES THEIR MIND,
IT IS, UM, IT IS VERY, IT'S, UH, REPETITIVE OF THE CONDITION THAT WAS ADDED UNDER THREE POINT 12.
SAME LANGUAGE, BUT UNDER A DIFFERENT SUBSECTION.
DOES THAT MEAN THEY HAVE TO HAVE TWO LAYERS OF SHEETING NOW? ONE FOR THIS SECTION AND THEN FOR THE OTHER.
FORTUNATELY, NOT WAIT TILL WE GET THANKS FOR WAIT TILL WE GET TO, UH, 14 WILL BE A LOT MORE.
[00:40:01]
GONNA BE MORE SHEETING THAN IT IS, SO, OKAY.SO NO ISSUE THERE NOW WITH EXTRA SHEETING.
OKAY, NEXT CHANGE IS UNDER 6.21.
WHICH RELATES TO THE OFFER OF DEDICATION, UH, OF THE PUBLIC IMPROVEMENTS.
OH SIX 20 I, SORRY, I WAS SAYING I DIDN'T SEE 2.1.
UH, WHICH THE CHANGE IS IN THE LAST SENTENCE, WHICH, UH, NOW READS, PRIOR TO ANY SITE DISTURBANCE, THE APPLICANT OR SUCCESSOR INTEREST SHALL DELIVER TO THE TOWN ATTORNEY THE FOLLOWING DOCUMENTS INSTEAD OF THE TOWN BOARD.
INSTEAD OF THE TOWN BOARD AND INSTEAD OF EXECUTE, RIGHT.
WOULD THEY, THEY JUST HAVE TO DELIVER TO THE TOWN ATTORNEY THE FOLLOWING DOCUMENTS? WELL, ONLY BECAUSE WE'RE REVIEWING IT FOR FORM, THEY'RE NOT GONNA BE ABLE TO ACTUALLY EXECUTE AND RECORD THEM AT THAT PERIOD IN TIME.
UH, IN SIX POINT 21.1 0.1, UH, WE SPECIFY THAT IT'S UPON ACCEPTANCE OF THE TOWN BOARD AND SIX POINT 21.1 0.2, WE SPECIFIED THAT THE DEEDED, UH, SHALL BE INFORMED, SATISFACTORY, AND SHALL BE HELD IN ESCROW UNTIL ROADS ARE COMPLETED AND ACCEPTED BY THE TOWN.
AND SIX POINT 21.3 WAS DELETED IN ITS ENTIRETY AS IT IS DUPLICATIVE OF, UH, SECTION 15.
NEXT IS CONDITION 7.2 0.1, WHICH NOW READS, NO FINAL CERTIFICATE OF OCCUPANCY FOR A PARTICULAR LOT SHALL BE ISSUED UNTIL, UNLESS ALL CONDITIONS AND REMEDIAL ACTIONS OF THE B C P, WHICH IS THE BROWNFIELD CLEANUP PROGRAM, ARE CERTIFIED AS COMPLETE BY THE N Y S D E C FOR SAID LOT AND PROVIDED THAT THE CONTAMINATED SOILS REMOVED FROM EDLO SEEKING A FINAL CERTIFICATE OF OCCUPANCY HAVE BEEN REMOVED FROM THE SUBDIVISION SITE ENTIRELY AND HAVE NOT BEEN RELOCATED TO ANOTHER UNDERDEVELOPED PORTION OF THE SUBDIVISION SITE.
AND I BELIEVE THIS IS ALSO A CONDITION WHERE, UH, THE APPLICANT REQUESTED THAT, UH, THIS PROVISION SHALL NOT PRECLUDE THE ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY.
THIS IS CONSISTENT WITH WHAT WE READ BEFORE.
UH, NEXT IS CONDITION 7.4 0.3, WHICH, UH, NOW READS AT THE END, NO REMEDIATION ACTIVITY SHALL TAKE PLACE ON THE SITE WITHOUT THE PRESENCE OF THE TOWN'S MONITOR UNLESS SUFFICIENT OVERSIGHT AND MONITORING IS PROVIDED FOR AS CONFIRMED BY THE TOWN ENGINEER AND TOWN BUILDING INSPECTOR.
CONDITION 7.4 0.5, UH, HAS BEEN APPENDED, UH, THE, WHAT YOU GUYS RECEIVED IS STILL THERE.
WE ADDED A SENTENCE WHICH READS SOILS, WHICH HAVE BEEN REMEDIATED TO AN UNRESTRICTED USE OR RESIDENTIAL USE STANDARD AS LISTED IN THE N Y S D E C D E R 10, APPENDIX FIVE.
AND DO NOT REQUIRE A SOIL MANAGEMENT PLAN MAY BE USED ON UNDER OR WITHIN THREE FEET OF ANY PORTION OF LAND THAT HAS PROPOSED TO BE DEDICATED OR DONATED TO THE TOWN.
THE, UH, THE, UH, THE REASON FOR THAT ADDITION IS TO ALLOW FOR THE APPLICANT TO HAVE A LITTLE BIT MORE FLEXIBILITY WITH THE SOIL THAT THEY ARE, UH, REMEDIATING ON SITE, UH, TO REDUCE THE AMOUNT OF SOIL THAT THEY HAVE TO TRUCK OUT.
AND I HAVE A QUESTION ABOUT THE, I I HAVE A PROBLEM WITH THE, THE BEGINNING FROM WHAT WE HAD ON FRIDAY.
WHY WOULD WE ALLOW THEM TO REUSE CONTAMINATED SOIL AT ALL ON, ON THE SITE? SO AS PART OF THE BROWNFIELD CLEANUP PROGRAM, CONTAMINATED SOILS CAN BE REMEDIATED ON SITE TO SUCH A DEGREE THAT THEY'RE NO LONGER, THEY'RE NO LONGER CONTAMINATED SOIL CONTAMINATED SOIL.
RIGHT? SO THERE'S A CERTAIN LEVEL FOR DIFFERENT USES.
SO YOU CAN HAVE, YOU KNOW, THROUGH THE BROWNFIELD CLEANUP PROGRAM, YOU CAN HAVE IT REMEDIATED TO AN UNRESTRICTED STANDARD, WHICH IS THE HIGHEST STANDARD, WHICH MEANS YOU CAN USE IT FOR ANY PARTICULAR USE.
YOU CAN HAVE IT REMEDIATED TO A RESIDENTIAL STANDARD, WHICH IS FOR SINGLE FAMILY HOUSES.
AND THEN YOU CAN HAVE, UM, FOR EXAMPLE, LIKE, UH, CONDOS OR, OR LIKE SINGLE OWNERSHIP.
I UNDERSTAND THAT, THAT, AND SO IF YOU DON'T, IF YOU HAVE IT TO A STANDARD WHICH IS UNRESTRICTED OR FOR RESIDENTIAL USE, IT'S, IT CAN BE USED.
UM, YOU COULD HAVE IT, BUT THAT'S NOT WHAT THIS SAYS.
LET ME READ YOU THE SENTENCE AGAIN.
UNDER NO CIRCUMSTANCES SHALL CONTAMINATED CELLS DOESN'T TALK ABOUT THE FACT THEY'VE BEEN REMEDIATED BE REUSED ON OR UNDER, WITHIN THREE FEET OF ANY PORTION OF THE LENGTH.
WAIT, YOU'RE ON 7.6, WEREN'T WE ON SEVEN, FOUR.
FOUR, FIVE OR FIVE? THAT CONDITION IS ALSO
[00:45:01]
REPEATED IN SEVEN.I I HAVE A, I DON'T KNOW, PROBLEM WITH YOU JUST SAID, I DO HAVE A PROBLEM WITH THAT.
WE DON'T, WE'RE NOT GOING TO ACCEPT CONTAMINATED SOIL THAT HASN'T BEEN REMEDIATED FOR ANY, ANYTHING ON, ON THAT SITE.
I WOULDN'T THINK I'VE, I GOT A QUESTION.
WASN'T THIS STATED BEFORE THAT ALL CONTAMINATED SOIL HAVE TO BE REMOVED FROM THE PROPERTY ALTOGETHER? THAT'S WHY THIS IS, IF THEY WANT THAT THEY REMEDI IT, THEN BRING IT BACK.
SO IT'S NOT INCONSISTENT IN THE FACT THAT THE INITIAL STATEMENT SAYS THAT YOU CANNOT USE CONTAMINATED SOILS.
BUT IT'S CLARIFYING THAT SOILS WHICH HAVE BEEN REMEDIATED TO A PARTICULAR STANDARD PER THE D C WAIT, HANG ON FOR A SECOND.
I READ AS I READ THIS, IT SAYS, UNDER NO CIRCUMSTANCES SHALL CONTAMINATED SOILS BE REUSED ANYWHERE WITHIN THREE FEET OF ANY PORTION OF LAND THAT IS PROPOSED TO BE DEDICATED TO THE TOWN.
I, AND I ASSUME IT CAN'T BE USED ON SITE BECAUSE THOSE OTHER PROVISIONS SAID THEY HAVE TO TRUCK IT OFF THE SITE.
SO THAT'S WHEN THEY TALK TO BY THE TOWN, THEY'RE TALKING ABOUT OUR PARK AREA, THE, THE, UM, DONATED AREA.
AND IT SAYS IT CAN'T BE, IT CAN'T BE USED WITHIN THREE FEET OF THAT PARK AREA.
WHY WOULD YOU, FIRST OF ALL, I'M TRYING TO UNDERSTAND THIS.
YOU KNOW WHAT MATT, THIS FIRST SENTENCE AS IT SITS HERE, SAYS THE CONTAMINATED SOIL CAN'T BE USED ON THE LAND DEDICATED TO THE TOWN, RIGHT? YES.
ARE THERE ANY CIRCUMSTANCES? BUT IF IT'S REMEDIATED, IT'S NO LONGER CONTAMINATED.
AND THE CONTAMINATED SOIL, IF IT'S FOUND, IT HAS TO BE TAKEN OFF THE SITE.
IF THE CONTAMINANT, THAT PROVISION IS RELATED TO OBTAINING CERTIFICATES OF OCCUPANCY FOR THE SUBDIVISION.
FOR THE SUBDIVISION, NOT FOR THE, NOT FOR THE DONATED LAND.
THIS IS NOT, THAT WAS NOT FOR DONATED LAND.
THAT'S FOR OBTAINING, UH, CERTIFICATES OF OCCUPANCY FOR LOSS.
I'VE BEEN BUILT WHILE CONSTRUCTION IS STILL ONGOING IN OTHER PORTIONS OF THE SITE.
BUT I'M GATHERING THAT AT THE END OF THE DAY, THE CONTAMINATED SOIL HAS TO GET LOST SOMEWHERE.
AND IT CAN'T GO ON THE TOWN LAND DONATED.
IT CAN'T GO WITHIN THREE FEET OF THE TOWN.
THAT'S WHAT THIS SENTENCE SAYS IN CONJUNCTION WITH THE OTHER SENTENCE THAT WE DO.
I, I GUESS, AM I CORRECT ABOUT THAT? YES.
CONTAMINATED SOIL HAS TO BE REMEDIATED BEFORE IT CAN GO.
I'M NOT TALKING ABOUT REMEDIATION YET BECAUSE THAT'S THE PART THAT YOU ADDED.
RIGHT? SO WHAT COULD YOU TELL US AGAIN WHAT YOU ADDED TO 7.4 0.5? SAY THAT PART'S FINE.
WE COULD WE JUST SAY IT AND REPEAT IT? SOILS WHICH HAVE BEEN REMEDIATED TO AN UNRESTRICTED USE OR RESIDENTIAL USE STANDARD AS LISTED IN THE N Y S D E C D R 10, APPENDIX FIVE.
AND DO NOT REQUIRE A SOIL MANAGEMENT PLAN MAY BE USED ON UNDER OR WITHIN THREE FEET OF ANY PORTION OF LAND AS PROPOSED TO BE DEDICATED OR DONATED TO THE TOWN.
SO WHAT THIS SAYS IS, CONTAMINATED SOILS CAN'T BE USED ON LAND DEDICATED TO THE TOWN, BUT IF IT'S REMEDIATED TO A CERTAIN STANDARD, IT CAN BE USED.
THAT'S WHAT I'M FOR CERTAIN PURPOSES.
FOR CERTAIN PURPOSES FOR UNDER ROADWAYS.
I DON'T WANT WHAT'S WRONG WITH THAT? THAT'S IMMEDIATE.
THE WAY YOU DESCRIBED IT WAS HOW WE INTERPRETED IT.
I DON'T LIKE THE FIRST SENTENCE.
IF YOU WANTED TO GET RID OF THE FIRST SENTENCE, WE WOULDN'T OBJECT TO THE FIRST SENTENCE BEING REMOVED.
I THINK THE FIRST SENTENCE, IF I COULD, UM, WITH RE TO THE FIRST SENTENCE, I MEAN, CONTAMINATED SOILS, THERE, THERE WILL BE ENCOUNTERED HOTSPOTS ON THIS SITE.
OR IS THERE IS THE PROSPECT FOR THAT? OF COURSE.
UM, WHICH WILL BE REMOVED FROM THE SITE.
AND I THINK THAT'S, THAT FIRST SENTENCE ALLUDES TO, I DON'T THINK IT ALLUDES TO ANYTHING LIKE THAT.
I, I, ALL IT SAYS TO ME IS YOU CAN'T PUT 'EM WITHIN THREE FEET OF THE, OF THE NEW, THE 14 ACRES THAT DEDICATED TO THE TOWN.
IT'S INCONSISTENT WITH WHAT YOU'RE TRYING TO ACCOMPLISH HERE.
IN MY VIEW, I DON'T UNDERSTAND.
I DON'T EVEN HOW THIS ADD THIS SENTENCE ADDS ANYTHING EXCEPT CONFUSION BECAUSE IT, IT, IT ASSUME, WHY WOULD YOU PUT THAT IN UNLESS YOU COULD REUSE IT SOMEWHERE ELSE? IT DOESN'T MAKE ANY SENSE.
YOU, YOU, THERE IS NOWHERE ON, ON THE 14 ACRES OR THE SUBDIVISION PART THAT YOU CAN USE CONTAMINATED SOIL AT ALL.
SO WHY PUT THE SENTENCE IN TO ME IT'S CONFUSING.
WELL, MR. MATT, WHY IS THE SENTENCING, MAY I YES, YOU COULD MAKE AN ARGUMENT THAT CONTAMINATION COULD BE UNDER THE D E C LEVEL RESIDENTIAL LEVEL.
I'M MAKING, I'M JUST GONNA USE A NUMBER FOR A SECOND.
NO, THAT'S, BUT THAT'S DIFFERENT.
RIGHT? THAT'S D THE CONTAMINATION LEVEL THAT THE D E C GOES FOR AS A HUNDRED MAKING UP A NUMBER.
AND IT IS, AND IT COMES UP AS 50 IN OUR TEST.
TECHNICALLY SPEAKING, IT IS CONTAMINATED, BUT IT MEETS THE STANDARD OF THE D E C, WHICH IS I THINK WAS THE INTENT OF THE CONVERSATION TO SAY THAT THERE MAY BE CONTAMINATION, BUT IF IT MEETS THE UNRESTRICTED OR RESIDENTIAL STANDARD.
SO IF IT HAD 0.1, I DON'T HAVE A PROBLEM WITH THAT.
THAT'S DIFF THAT'S NOT WHAT THIS IS.
[00:50:01]
THAT'S HOW I, THAT'S HOW I THINK WE ALL READ.WHERE CAN THE CONTAMINATED SOIL BE PUT? SO IT DEPENDS.
SO WHEN WE SAY THE WORD CONTAMINATED, LIKE NON REMEDIATED, I'M TALKING CONTAMINATED SOIL.
YEAH, BUT CONTAMINATED TO WHAT LEVEL IT LEVEL.
SO I THINK THAT THE WORD CONTAMINATED IS WHAT SKEWS THE CONVERSATION.
BECAUSE IF YOU HAVE A PILE OF DIRT, IT COULD BE THE CLEANEST PILE OF DIRT IN THE WORLD, BUT YOU COULD HAVE A NATURALLY OCCURRING LEVEL OF ARSENIC IN THE SOIL THAT WOULD JUST TRIGGER THAT TEST.
THE OPPOSITE COULD BE, OR THE IC COULD BE ON IT COULD BE A HOTSPOT AS RIGHT, AS GARRETT JUST SAID.
AND BOTH, IN BOTH THOSE INSTANCES, SOMEBODY COULD, UM, DEFINE THAT AS CONTAMINATED.
SO WHAT, UH, AMANDA AND MATT WERE I, WHAT WE INTERPRETED AND WHAT WE WERE OKAY WITH IS SAYING THAT IF IT WAS CONTAMINATED BUT MET THE RESIDENTIAL OR UNRESTRICTED STANDARD, YOU COULD USE IT.
BUT AS I SAID, THE FIRST SENTENCE TO US, I, SO I'M GONNA
YOU HAVE UNRESTRICTED RESIDENTIAL AND THEN YOU HAVE DO NOT USE THIS.
OR WHAT, WHAT IS LOW? WHAT IS THE WORST LEVEL? SO THERE'S, THERE'S UNRESTRICTED, THERE'S RESIDENTIAL, THEN THERE'S RESTRICTED RESIDENTIAL, THEN THERE'S COMMERCIAL INDUSTRIAL.
SO BELOW THOSE TWO LEVELS, UNRESTRICTED AND RESIDENTIAL, WHEN IT STARTS GETTING BELOW THAT, IS THAT, ARE YOU SAYING THAT THAT'S CONTAMINATED, BUT AT A LEVEL THAT'S ACCEPTABLE, ACCEPTABLE FOR THE DONATED LAND? YES.
SO, SO THEY HAVE DIFFERENT LEVELS BASED UPON THE USE.
FOR EXAMPLE, IF YOU HAVE SINGLE FAMILY LOT, YOU CAN STILL GARDEN, YOU KNOW, INSTALL A POOL MM-HMM.
NOW IF YOU GO TO THE NEXT LEVEL, WHICH IS LIKE I WAS SAYING LIKE THE CONDOMINIUMS OR LIKE ASSISTED LIVING FACILITIES, ANY PROPERTIES LIKE THAT THAT HAVE BEEN REMEDIATED, THEY WOULD HAVE A RESTRICTION, NO USE OF GROUNDWATER.
AND SO AT THAT POINT, YOU'D HAVE TO, YOU'D TRIGGER A SOIL MANAGEMENT PLAN, WHICH WOULD REQUIRE CERTAIN PRECAUTIONS BE TAKEN WHEN HANDLING CERTAIN MATERIALS.
WHY, WHY COULDN'T YOU DO IT WHAT THEY JUST SUGGESTED? AND JUST TAKE THE FIRST SENTENCE OUT.
SO I, I WAS GONNA SUGGEST THAT WHAT I WAS GONNA SAY IS WE CAN TAKE THE FIRST SENTENCE OUT AND SAY THAT, UM, ONLY SOILS WHICH HAVE BEEN YADA, YADA, YADA OR, OR MEET OR MEET THE STANDARD OR MEET THE, THAT'S STANDARD.
WE ARE FINE REMOVING THE FIRST SENTENCE IF YOU WOULD LIKE.
ONLY SOILS THAT MEET THIS LEVEL RIGHT.
CAN BE USED HAVE TO JUST REFER TO THE STANDARD.
CONTAMINATED COMMUNITY, LOTS OF DIFFERENT THINGS.
IT'S LIKE THERE'S CONTAMINANTS IN OUR WATER SUPPLY.
THEY ALWAYS MEASURE THE LEVELS AND MAKE SURE, MY PRACTICAL QUESTION IS THAT YOU MEAN EVERY, EVERY SHOVEL YOU TAKE OUT, YOU TEST IT? WELL, THE, THE, WELL, I THINK IT'S IMPORTANT.
IT'S AN INTERESTING QUESTION HE ASK IS EVERY SOIL YOU TAKE OUT, TESTED EVERY SHOVEL, EVERY, SO WE ARE ENTERING THE BROWNFIELD CLEANUP PROGRAM BY THE D E C AS, AS WAS IN OUR E I SS AND, AND HAS BEEN DISCUSSED MANY TIMES.
THIS SITE IS FORMER GOLF COURSE, FORMER AGRICULTURE HAS, HAS ARSENIC IN THE SOIL 'CAUSE OF THE FERTILIZER THROUGH THROUGHOUT.
I'VE, I'VE DEVELOPED MANY GOLF COURSES, EVERYONE, DOZENS, EVERYONE.
BUT ONE HAS HAD IT AND IT HAS ARSENICS LEAD-BASED.
IT WAS ALL PESTICIDES OR FARM FROM FARMING OR GOLF UP UNTIL USED IN THE SIXTIES.
SO WE'RE ENTER VOLUNTARILY ENTERING THAT NEW YORK STATE PROGRAM, WHICH DOES A COUPLE THINGS.
IT GIVES US SOME TAX CREDITS FOR FOR DOLLARS YOU SPEND TO CLEAN UP.
AND THEN, BUT REALLY THEY HAVE AN ENTIRE PROGRAM THAT WILL THEN THEY WILL OVERSEE.
SO IN YOUR TESTING QUESTION, FOR INSTANCE, THEY MAY SAY YOU NEED ON EACH LOT, YOU NEED TO TAKE FOUR TESTS.
I THINK IT'S, I WE'RE IN A LOT OF STATES, SO IT'S DIFFERENT IN EVERY STATE.
BUT I COULD TELL YOU, UM, IN FLORIDA FOR INSTANCE, WE DEVELOPED A LOT.
AND THEN IF THOSE ALL COME BACK CLEAN, THEN, THEN THAT LOT IS NOW CONSIDERED CLEAN.
OR IF YOU FIND SOMETHING YOU MAY HAVE TO, OR YOU MIGHT HAVE TO REMEDIATE MORE.
SO THAT, THAT'S ACTUALLY WHAT THEY'RE LOOKING FOR TO MAKE SURE THAT YOU'VE CLEANED THE ENTIRE LOT.
AND THAT'S WHY IN THE EARLIER LANGUAGE THAT MATT BROUGHT UP, WHICH WE CHANGE, WHICH WE WERE WORKING ON, WAS GETTING A TEMPORARY CERTIFICATE.
OCCUPANCY FOR LOT NUMBER FIVE IS CLEAN, BUT YOU'RE STILL WORKING ON LOT 1 0 5.
IT ALLOWS US UNDERSTAND WHICH IS WHAT'S GONNA HAPPEN.
NO, WE AGREE, WE AGREE WITH THAT.
SO THE PROGRAM AND THE D E C DICTATE, BECAUSE IT'S A SUBDIVISION OF A SINGLE FAMILY LOT, IT IS GOING TO SAY YOU NEED X NUMBER OF TESTS OVER X AMOUNT OF AREA IN ORDER FOR THIS LOT TO BE DEEMED CLEAN.
SO JUST, JUST TO PRACTIC IN, IN PRACTICALITY.
UH, WHAT YOU WILL DO IS THAT YOU HAVE THE WHOLE SITE TESTED LIKE VIDEO.
THE ENTIRE SITE WILL HAVE A TESTING PROGRAM.
WE'VE SUBMITTED THE FIRST, I THINK WE'RE COMING UP WITH THE TESTING PROGRAM NOW.
UM, AND THAT WILL BE APPROVED BY THE D E C, WHICH WILL SAY THAT OVER THESE APPROXIMATELY A HUNDRED ACRES, YOU NEED TO DO SO MANY TESTS IN SO MANY
[00:55:01]
LOCATIONS.DO YOU HAVE COULD DO EACH LOT.
DO YOU DO I I DON'T KNOW IF YOUR FIRST TEST IS EVERY LOT.
BUT YOUR, AND THEN ONCE YOU HAVE EACH LOT IN ORDER FOR IT TO BE DEEMED CLEAN, YOU WILL LIKELY HAVE TO TEST EACH LOT BECAUSE YOU'VE NOW MADE A SMALLER AREA.
SO THAT WAS THE LANGUAGE THAT AMANDA AND MATT ADDED THAT WE WENT THROUGH IN THREE, JUST ABOUT THIS.
SO WE REMOVED THE FIRST SENTENCE AND WE JUST PUT IN I HAVE MY HAND ON.
I JUST WANNA ANNOUNCE THAT UH, MR. SIMON HAS JOINED US REMOTE LEAVE VIA ZOOM.
WALTER WALTER, GO AHEAD WALTER.
UH, I'M SORRY TO, UH, UH, JOIN LATE.
SO I, I'M NOT PRIVY TO ALL THE CONVERSATIONS THAT PREVIOUSLY TOOK PLACE.
UH, AND I UNDERSTAND THERE ARE DIFFERENT STANDARDS FOR DIFFERENT TYPES OF PROPERTY.
SO SINGER HOUSE, THE CONDOS, THE INDUSTRIAL AND SO FORTH, UH, THIS DOES THIS LOT FALL UNDER THE SINGLE FAMILY CRITERIA? YEAH.
THIS PROJECT, NOT THE LOT, BUT THE PROJECT IS A SINGLE FAMILY LOT.
SO THE STANDARD FOR SINGLE FAMILY BUILDING WILL BE THE STANDARD THAT IS SU APPLIED FOR THE WHOLE SITE.
CORRECT ME IF I'M WRONG, I THOUGHT THAT WAS UNRESTRICTED.
YEAH, BUT IT WILL BE SINGLE, IT WILL BE UNRESTRICTED USE OF, BUT IT IS THE SINGLE FAMILY I WAS ENTERING THE SINGLE PART.
THE SINGLE FAMILY SINGLE WE ARE, WE ARE GOING FOR, IN OUR PROGRAM, IN THE PROGRAM AND IN OUR DOCUMENTS IS AN UNRESTRICTED, UNRESTRICTED RESIDENTIAL USE.
SO THAT MEANS THAT MEANS THEY COULD BUILD ANYTHING ON THAT NO DEEDED RESTRICTION.
THE ONLY THING THAT I HAVE MENTIONED IN THE PAST IS THAT, UH, I KNOW WE, WE HAVE A WELL ON THE SITE IT WOULD BE THAT THERE WOULD BE NO, WE MIGHT HAVE A WELL RESTRICTION, A POTABLE WATER TYPE RESTRICTION.
SO THAT MIGHT BE THE ONLY RESTRICTION YOU SEE THAT SAYS YOU CAN'T HAVE A POTABLE WATER.
WELL MIGHT BE A RESTRICTION, BUT THERE WON'T BE A LOT BY LOT DE RESTRICTION.
YOU CAN'T PLANT TOMATOES OR BUILD A POOL.
WALTER, DOES THAT ANSWER YOUR QUESTION? NO.
I JUST WANT TO MAKE OVERALL THE, THE, THE SINGLE FAMILY STANDARD TO BEING APPLIED TO THANK YOU.
AS, AND I THINK IT'S JUST ONE THING IMPORTANT TO NOTE, WE EXPECT THAT BEFORE FINAL APPROVAL THAT WE WILL HAVE THE B C P PROGRAM DOCUMENTS APPROVED GREAT.
BY THE D E C AND THAT WE WILL, WE WILL LOOK TO YOU ALL TO ATTACH THAT TO THE FINAL APPROVAL.
WHAT WE'VE DONE HERE IS TRY TO MAKE, DO OUR BEST TO MAKE A FRAMEWORK OF OUR EXPECTATIONS.
AND THAT'S WHY IT'S DUPLICATIVE IN TWO SPOTS.
BECAUSE THERE IS THE CHANCE, IF WE WERE REJECTED, WHICH WE HAVE NOT BEEN, THAT THERE ARE STANDARDS THAT THE TOWN WANTED TO HAVE TO OVERSEE THE PROGRAM IF THE D E C IS NOT OKAY.
AND, AND, AND CORRECT ME IF I'M WRONG, AMANDA, BUT WE'RE LOOKING AT A PRELIMINARY SUBDIVISION HERE.
SO IF SOMETHING CHANGES, WE STILL HAVE A CHANCE TO CHANGE IT BY THE TIME OF THE FINAL.
WE EXPECT A FEW CHANGES BETWEEN NOW WHICH WE GET TO THE D O T.
I THINK, UH, I MEAN CONFUSION IS UNDER NO CIRCUMSTANCES CONTAMINATED SOIL.
AND WE DO NOT DEFINE WHAT'S CONTAMINATED.
WE JUST TOOK, SO WE'RE GONNA REMOVE IT.
SO, SO HERE'S WE'RE GONNA REMOVE IT.
SO HERE'S THE, BUT UH, BUT THE IMPORTANT PART IS WHAT YOU SAY IS THAT IT'S GONNA BE FOLLOW V C P GUIDELINES FOR, UH, FOR EVALUATING AND REUSE OF CONTAMINATED SOIL ON THE SITE.
THEY'RE NOT GONNA REUSE CONTAMINATED SO THEY CAN WELL THAT'S WHAT, WELL, IT COULD BE, WE'RE NOT USING MEDIATED NO, NO, NO, NO, NO, NO.
WE'VE ALREADY GONE THROUGH THIS.
BUT LET JUST HOLD ON WALTER, LET ME, LET ME DO THIS REALLY SLOWLY.
MY PROBLEM, AND I THINK YOU GUYS FELT, FELT THE SAME WAY, IS THE FACT THAT THE CONTAMINATED IS A VERY BROAD TERM.
SO THE ANSWER WAS TO TAKE THAT TERM OUT THE BLIND TERM.
THE BLIND TERM CONTAMINATED OUT AND SEE THE ONLY SOIL THAT CAN BE USED IS SOIL THAT'S SUITABLE, AS WALTER POINTED OUT FOR UNRESTRICTED AS THE APPLICANT POINTED OUT, RESIDENTIAL USE.
WHICH IS WHY WE ARE TAKING OUT THAT FIRST SENTENCE.
WELL I THINK IT SHOULD BE READ BECAUSE IT'S A IT OR, OR OR DOESN'T REALLY MATTER.
IT'S GONNA BE SPECIFIC WITH THE STANDARD IN THERE.
THAT'S EXACTLY WHAT WE'RE GONNA REWRITE IT TO YOU.
SO AS AMENDED IT'LL READ, READ ME TO ME.
LOOKS LIKE A REDUNDANT TO HERE'S WHAT SHE'S GONNA, OKAY.
ALSO I'LL, I'LL RE I'LL REWORD IT.
SO ONLY SOILS WHICH HAVE BEEN REMEDIATED TO
[01:00:01]
AN UNRESTRICTED RESIDENTIAL USE STANDARD AS LISTED IN THE NEW YORK STATE.D E C D E R 10, APPENDIX FIVE.
AND DO NOT REQUIRE SOIL MANAGEMENT PLAN MAY BE USED ON UNDER OR WITHIN THREE FEET OF ANY PORTION OF LAND THAT IS PROPOSED TO BE DEDICATED OR DONATED TO THE TOWN.
DO YOU NEED TO SAY REMEDIATED OR THAT MEET THE STANDARD? 'CAUSE MAYBE THEY'RE, IT COULD REMEDI NOTED, NOT REMEDIATED, BUT THEY WERE UNCONTAMINATED TO BEGIN WITH.
SO THEN WE COULD SAY ONLY SOILS WHICH MEET THE STANDARD.
NOW, NOW THE SECOND PART, IT PROBABLY SHOULD SAY I, IT REMEDIATED OR MEETS THE STANDARD.
'CAUSE YOU MAY HAVE REMEDIATED IT.
WELL TO NOW IT MEETS, IT HAS TO MEDIATE IT TO MEET THE STANDARD.
BUT IT SHOULD SEMANTICS, I GUESS YOU'RE CORRECT.
WHETHER'S, WHETHER'S MEDIATOR OR NOT? WHY DID I BRING THIS UP? OKAY.
SO THE SECOND PART IS THAT IT SHOULD INCLUDE, LIKE WALTER MENTIONED, NOT ONLY THE AREAS THAT IS A SINGLE FAMILY ZONE, BUT ALSO THE TOWN, THE DEATH.
THIS IS THE TOWN PART INCLUDED.
LET'S EVERYBODY HAPPY WITH THIS ONE OUT? WE BEAT IT TO DEATH YET.
I THINK IT'S A BIG IMPROVEMENT.
SO CONDITION 7.47 HAS BEEN MODIFIED TO READ, UH, THE SAME AS 7.2 0.1 IN THAT, UH, NO FINAL CERTIFICATE OF OCCUPANCY FOR A PARTICULAR LOCK SHALL BE ISSUED UNTIL, AND UNLESS THE TOWN ENGINEER COMMISSIONER OF D P W AND BUILDING INSPECTOR CERTIFY ALL CONDITIONS AND REMEDIAL ACTIONS ARE AS COMPLETE FOR SAID LOT AND PROVIDED THAT THE CONTAMINATED SOIL IS REMOVED FROM SAID LOTS SEEKING A FINAL CERTIFICATE OF O CERTIFICATE OF OCCUPANCY HAVE BEEN REMOVED FROM THE SUBDIVISION SITE ENTIRELY AND NOT RELOCATED TO ANOTHER UNDEVELOPED PORTION OF THE SITE.
UH, THIS PROVISION SHALL NOT PRECLUDE ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY.
ISN'T SEVEN, DOES SEVEN COMPLETELY REFERRED JUST TO THE DONATED LAND OR TO THE SUBDIVISION LAND? CONDI SECTION SEVEN REFERS TO THE ENTIRE SITE.
'CAUSE THAT'S WHY I WONDERED WHY THE SUBDIVISION WAS IN THERE.
UM, DO YOU HAVE TO GET CERTIFICATION FROM THE 10 ENGINEER AND THE COMMISSIONER OF D P W AND THE BUILDING INSPECTOR? IT WOULD DEPEND UPON WHICH, WHICH ITEM.
SO 7.4 0.7 IS UNDER THE SCENARIO WHERE THEY ARE REJECTED FROM THE BROWNFIELD CLEANER PROGRAM.
UH, WHICH IN WHICH CASE, YOU KNOW, TESTING AND CERTIFICATION OR CERTIFICATION OF TESTING FALLS ON THE TOWN TO ENSURE THAT EVERYTHING IS REMEDIATED TO THE PROPER STANDARD.
SO YES, IN THAT CASE IT WOULD BE, UH, UNDER, YEAH, THE TOWN ENGINEER, D P W, COMMISSIONER OF D P W BUILDING INSPECTOR AS IT RELATES TO THEIR EXPERTISE.
WHICH WE HOPE DOES NOT HAPPEN.
ANYTHING ELSE IN THIS BEFORE WE MOVE ON? NO.
7.6, UH, IS GONNA FORWARD BE MODIFIED TO READ EXACTLY THE SAME AS 7.4 0.5, WHICH WE JUST OKAY.
UM, FOR EXAMPLE, 7.4 0.5 IS BOLD TYPE.
AND THEN A BUNCH OF 'EM ARE NOT BOLD.
WHY ARE SOME BOLD AND SOME NOT BOLD? IS THERE A HIDDEN MOVING THERE IF YOU FIND THAT OUT IN A MILLION DOLLARS? NO.
UM, IT'S JUST TO MAKE IT INTERESTING.
CERTAIN CONDITIONS THAT, YOU KNOW, WANT TO CALL YOUR ATTENTION TO, BUT THEY'RE ALL IMPORTANT CONDITIONS.
BUT SOME ARE MORE EQUAL THAN OTHERS.
SOME ARE MORE EQUAL CONDITIONS THAN OTHERS.
YOU OKAY WITH COLOR? COLOR OF THE PAPER?
SO 7.6 HAS BEEN, WILL BE MODIFIED TO READ THE SAME AS 7.4 0.5, UH, 7.7.
WE JUST, UH, CLARIFIED THAT IN THE OPENING OF IT THAT, UH, BE REMOVED DOWN TO VIRGIN SOIL AT THE DIRECTION OF TOWN STAFF IN ACCORDANCE WITH THE LETTER DATED AUGUST 14TH, 2023, UH, WHICH THE APPLICANT HAS AGREED TO RELATED TO REMOVAL OF, UM, IMPORTED FILL AND RESOLVING EXISTING VIOLATIONS.
NEXT, UH, NEXT WE GO TO CONDITION 9.29.
YOU DOING ALRIGHT MATT? UH, THIS CONDITION HAS 9.2, YOU SAID? CORRECT.
UH, THIS CONDITION HAS BEEN MODIFIED TO READ, UH, THE SOIL GENERATED BY EXCAVATION OPERATIONS NEEDS TO BE PROPERLY STOCK PILED IN ACCORDANCE WITH THE BLUE BOOK, UH, EROSION
[01:05:01]
AND SEDIMENT CONTROL PLAN FOR SMALL HOME SITE CONSTRUCTION AND APPROVED CONSTRUCTION.STOCKPILED SOIL DURING CONSTRUCTION SHOULD BE MANAGED IN ACCORDANCE WITH THE BLUE BOOK BASED ON FIGURES THEREIN THAT REFLECTS CONDITIONS ON THE SITE.
THIS SHOULD INVOLVE WIRE BACK, EXCUSE ME, SILT FENCING PROPERLY PLACED COMPLETELY AROUND THE STOCKPILE AS NECESSARY.
CONSIDERATION SHOULD BE GIVEN TO AN IMPENETRABLE TARP TO COVER THE STOCKPILE.
THE APPLICANT MUST MAINTAIN SEPARATE STOCKS OF CLEAN SOIL AND IMPACTED IN CLEAN SOIL.
IMPACTED SOIL STOCKPILES SHALL BE RIMMED WITH A PERIMETER OF PROPERLY INSTALLED SILT FENCING AND COVERED WITH PROPERLY SECURED PLASTIC SHEETING AT THE CONCLUSION OF EACH WORKDAY AND DURING PRECIPITATION EVENTS.
I I DON'T HAVE A PROBLEM WITH ANY OF THAT.
I, MY ONLY QUESTION ABOUT A LOT OF THIS STUFF IS ISN'T THIS STUFF THAT ONLY GOES, I WAIT A SECOND, WALTER, LEMME JUST FINISH MY, MY COMMENT PLEASE AND THEN I'LL GET TO YOU.
UM, ISN'T THIS STUFF THAT NORMALLY GOES IN ABU INTO A BUILDING PERMIT? SOME OF THIS STUFF I'VE JUST NEVER SEEN THIS KIND OF DETAIL TO BE QUITE HONEST.
I I THINK THEY, THEY WANT IT TO BE MORE, A LOT OF THESE ARE REITERATED WITH THE, UM, STORMWATER PERMIT AND YEAH.
SO THEY'LL, THEY WILL BE CONSISTENT WITH WHAT YOU THE PERMIT, BUT THOSE PERMITS REFERENCE THESE CONDITIONS, SEAN.
AND A LOT OF TIMES THEY'RE LANGUAGE THAT COMES FROM THE TOWN CODE.
YOU STOCKPILING, IF YOU STOCKPILING THE SOIL IN, IN A PARTICULAR AREA, YOU RUN THE RISK OF, UH, OF, OF, OF A RUNOFF FROM THE STOCKPILE BACK INTO THE GROUND.
SO THERE SHOULD BE SOME SORT OF PROTECTIVE SHEET ON THE GROUND BEFORE YOU STOP PILE THE SOIL.
IN ADDITION TO THAT, YOU SHOULD BE A TOP OVER THE SOIL.
IF YOU DON'T DO THAT, THEN THE RAIN WATER AND EVERYTHING WILL JUST WASH THE CONTAMINANTS FROM THE STOCKPILE BACK INTO THE SAW THAT'S COVERED.
I THINK THAT'S THE, THAT'S WHAT THE LANGUAGE TALKED ABOUT IS HAVING AN IMPERMEABLE TARP AND, AND, UH, FENCING BUT OVER IT.
DOES, UH, DOES THE, UH, REGULATION INCLUDE A, KNOW WHAT YOU'RE SAYING, IMPER, JUST PUT IT ON THE GROUND TAR AT THE BOTTOM OF THE, WE STILL TALKING ABOUT NINE TWO.
WHAT YOU'RE REFERRING TO IS A, UH, A PART AT THE BOTTOM OF THE TOP.
YOU CLINICALLY SEEN THAT WITH, UH, WHEN YOU HAVE SOMETHING OF THIS NATURE, UH, A PART ON THE TOP BECAUSE ONCE THEY REMOVE THE, UH, IMPACTED SOIL, THEY HAVE TO REMOVE ANY IMPACTED SOIL THAT'S STILL SITTING ON THE SURFACE AS WELL.
I COULD THINK YOU COULD MAKE MORE.
YOU WOULD STOP POLISH IN THE CORNER OR WHEREVER, AND THEN WHEN YOU REMOVE THAT, THAT, UH, STOCKPILE, YOU STILL HAVE TO TREAT OR, OR THE, THE, THE GROUND UNDERNEATH IT.
I MAY UNDERNEATH IT, UH, TO WHAT DEPTH? SO WHERE THERE'S NO, THERE'S NO EVIDENCE OF CONTAMINATION BEING SERVED.
IF I MAY, DOESN'T IT? WE DO HAVE A PART THAT IS WITHIN THIS LANGUAGE THAT WOULD BE GOING ON DAILY.
THERE WOULD BE NO USE FOR THE STOCKPILE OR PRECIPITATION OF US, AND THE PARK WOULD BE COVERED ON THIS EVEN DURING EVENTS ON THE WEEKEND SO THAT YOU WOULDN'T GET A MIXTURE OF THE PRECIPITATION AND THE IMPACT OF SOIL.
BUT STILL, WHEN GET STOCKPILE IS REMOVED, MOVE THE GROUND LEVEL, YOU STILL HAVE TO GO BELOW THAT GROUND LEVEL AND TEST THE SOIL.
OF COURSE YOU ARE CORRECT AND, OKAY, FINE.
UH, UM, JUST FOR THE RECORD, THAT WAS CRYSTAL PINA LABA, UH, ENGINEERING CONSULTANT ON BEHALF OF THE TOWN.
GO AHEAD AND MEANT DANIELLE HUNT.
I BELIEVE THE TERM I SAW SOMEWHERE WAS DOWN TO VIRGIN LEVEL OR SOMETHING.
THAT'S WHAT THEY, IT'S, IT'S A DIFFERENT PROVISION ABOUT CLEANING UP FROM THE IMPORTED FILL, BUT IT'S ALL SORT OF THE SAME TOPIC AS CHRIS JUST EXPLAINED.
IF I MOVE SOMETHING FROM HERE TO THERE, IT'S NOT DEEMED CLEAN UNTIL IT'S GONE, AND THEN I TEST WHAT'S IT WAS ON.
SO I'M NOT GONNA MOVE CONTAMINATED SOIL ONTO A CLEAN SPOT THAT WOULD BE DOING SOMETHING TWICE.
SO THEY EXPLAINED IT IN, IN BOTH CIRCUMSTANCES.
DON'T, IF DON'T MOVE IT TWICE THE END OF THE DAY.
THE GOAL IS NEVER TO MOVE DIRT TWICE IF YOU DON'T HAVE TO.
SO, AND AT THE END OF THE DAY, THE CONTAMINATED, YOU HAVE TO CLEAN UP DOWN TO THE BOTTOM.
AND, AND NOT ONLY THIS, BUT NOT THE END OF THE DAY, BUT THIS IS A LITTLE BIT OF BELT AND SUSPENDERS, BUT TRULY THE D E C OVERSEES, IF I FOUND IN THE TESTING, IF I FOUND AS CHRIS HAD A PETROLEUM PRODUCT, IT'S GONNA BE TREATED, IT, MY COURSE OF ACTION WOULD BE DIFFERENT THAN IF IT'S ARSENIC.
ARSENIC IS NOT A HIGHLY LEACHABLE CONTAMINANT, WHILE PETROLEUM IS VERY LEACHABLE.
[01:10:01]
THEY'RE TREATED DIFFERENTLY EITHER IN FRANKLY, THE BLUE BOOK OR NOT.THE D E C IS GOING TO SAY, IF YOU FIND X, Y, Z, YOU'RE GONNA DO SOMETHING DIFFERENT THAN IF YOU FIND YOU MAY DO SOMETHING DIFFERENT THAN IF YOU FIND A, B, C.
YOU MIND? I, I JUST HAD A QUESTION ABOUT THE STOCKPILE SOIL.
SINCE YOU'RE TESTING BEFORE YOU MOVE IT IN THE FIRST PLACE, WOULDN'T IT BE CONSIDERED UNCONTAMINATED? NO, NO.
THEY MAY BE STOCKPILING CONTAMINATED SOIL, SO, OKAY, SO YOU'RE NOT GONNA MOVE ONE SHOVEL OR WHEELBARROW AT A TIME, RIGHT? SO YOU'RE GOING TO TRY TO MAKE IT AS EFFICIENT AND HAVE THE LEAST NUMBER OF TRUCKS AS WELL.
SO IF WE ARE IN LOTS ONE THROUGH 20 SECTION, WE MAY JUST STOCKPILE THAT FILE THE RIGHT, RIGHT.
CLEAN IT, REMOVE IT, STOCKPILE IT AS THE TRUCKS ARE NOW COMING TO TAKE IT AWAY.
IT MAY BE TUESDAY END OF THE WORKDAY.
THEY COVER IT UP AND CONTINUE ON WEDNESDAY.
I, I, I GUESS THE CONFUSION FOR ME WAS I THOUGHT IT WOULD BE MOVED FROM THE SIDE ONTO THE TRUCK AND THEN OFF OF THE SIDE ALTOGETHER.
SO IT COULD POTENTIALLY BE STOCKPILE TEMPORARILY.
IT COULD TEMPORARILY BE STOCKPILE.
ONE SCOOP FULL INTO A PILE AND THEN THEY'RE GOING AROUND AND THEN THEY COME BACK AND SHOULD THERE BE A LIMITATION OF HOW LONG THAT STOCKPILE CAN STAY THERE? OH, AS LONG AS THEY MANAGE, THERE'LL BE A REMOVAL PLAN AND SCHEDULE.
SO A, UM, A CONDITION WAS INSERTED, UH, HERE.
SO THIS IS A NEW 9.3 AND THE OTHER CONDITIONS ARE STILL THERE.
THEY JUST GOT SHIFTED DOWN ONE NUMBER.
UH, SO THIS NEW CONDITION READS THE APPLICANT INTENDS ON SUBMITTING A WAIVER TO THE TOWN AND NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SEEKING PERMISSION TO DISTURB MORE THAN FIVE ACRES AT ANY GIVEN TIME IN ORDER TO ALLOW CONSTRUCTION TO PROCEED IN AN EFFICIENT MANNER.
THE WAIVER SHOULD BE PREPARED IN ACCORDANCE WITH THE DIVISION OF WATER REGION PROCEDURE FOR AUTH AUTHORIZATION TO DISTURB MORE THAN FIVE ACRES FOR CONSTRUCTION GENERAL PERMIT FOR STORMWATER DISCHARGES, THE APPLICANT IS REQUIRED TO OBTAIN APPROVAL FROM THE N Y S D E C AND TOWN OF THE FIVE ACRE WAIVER PRIOR TO APPROVAL OF THE FINAL PLATT.
UH, THE NEXT WOULD WILL BE CONDITION, UM, NINTH 0.7, I BELIEVE THE OLD 9.7 I'VE BEEN DOING 9.7.
I THINK THE NUMBERS GOT A LITTLE SCROLL ON, RIGHT? 9.7 IT SEEMS LIKE.
THE, THE NUMBERS GOT, IT MIGHT BE WORTH JUST DOUBLE CHECKING THAT THE NUMBERS, UH, LINE UP AFTER YOU ACCEPT THE RED LINES FOR THE FINAL.
YEAH, WELL, ALRIGHT, SO IT'S, YEAH, 9.7 I BELIEVE IS THE ONE, UH, WHICH NOW INCLUDES A SENTENCE.
UM, AFTER THE FIRST SENTENCE, UH, WE INCLUDE THE SENTENCE, THE MAINTENANCE AGREEMENT SHALL PROVIDE THAT IN THE EVENT THAT THE OWNERS OR SUCCESSOR IN INTEREST FAILS TO PROPERLY OPERATE AND MAINTAIN THE STORMWATER MANAGEMENT AND EROSION AND SEDIMENT CONTROL FACILITIES, THE H O A SHALL BE RESPONSIBLE FOR SUCH PROPER OPERATION AND MAINTENANCE.
THE REFERENCE, I LIKE THE REFERENCE TO THE H O A IN THERE, THAT'S AN IMPROVEMENT.
AND IF THE H A A A O A FAIL TO DO IT, THE TOWN HAS THE RIGHT TO DO IT THE NEXT YES.
THAT'S, UH, THAT'S IN THE NEXT CONDITION.
UH, WHICH NOW READS, UH, THE TOWN REQUIRES THAT THE PERMANENT STORMWATER MANAGEMENT AND EROSION AND SEDIMENT CONTROL FACILITIES LOCATED ON THE PROPERTY NOT OWNED OR MAINTAINED BY THE H O A BE OPERATED MAINTAINED IN THE FUTURE BY THE OWNERS OF THE LOTS.
THAT'S WHAT'S 9.9 IN OURS IS? UM, YES, THAT'S 9.9 IN YOURS.
UH, THE NEXT SENTENCES, WHICH OR SENTENCE YEAH.
SENTENCES, WHICH READ THAT THE OWNERS, UH, SHALL PROVIDE AN IRREVOCABLE LETTER OF CREDIT AND THE AMOUNT OF THAT CREDIT SHALL BE DETERMINED BY THE TOWN HAVE BEEN DELETED, I THINK.
THIS IS ABOUT THE INDIVIDUAL LOTS.
UM, IF THE PROPERTY OWNERS FAIL TO PROPERLY OPERATE AND MAINTAIN THE STORMWATER MANAGEMENT AND EROSION AND SEDIMENT CONTROL FACILITIES, THE H O A IN THE FIRST INSTANCE SHALL BE RESPONSIBLE FOR SUCH PROPER OPERATION AND MAINTENANCE.
IN THE EVENT THE H O A FAILS TO TIMELY ADDRESS ANY SUCH FAILURE BY THE PROPERTY OWNERS, THE TOWN UPON WRITTEN NOTICE MAY DRAW UPON THE ACCOUNT ESTABLISHED BY THE H O A PURSUANT TO CONDITION NINE POINT 10 OF THIS APPROVAL, AND WE'LL VERIFY THAT ALL THE CONDITION NUMBERS LINE UP WITH THAT.
EVERYBODY? ALL RIGHT, LET'S GO ON AND, AND I JUST WANNA LET CHRIS WILL BE ABLE TO DEVELOP.
UH, I JUST WANNA CLARIFY THAT IS REFERRING TO THE, UH, UNDERGROUND DETENTION SYSTEMS ON EACH LOT.
AM I CORRECT? AND NOT INDIVIDUAL POND OR ANYTHING OF THAT NATURE? CORRECT.
WHICH WOULD BE THE RESPONSIBILITY OF THE H O I, CORRECT.
[01:15:01]
OKAY.SO CONDITION NINE POINT, UH, YOUR CONDITION NINE POINT 10, UH, IT READS LARGELY THE SAME, BUT WHAT WHAT HAS BEEN ADDED IS, UH, AFTER REQUIRING THE H O A TO PROVIDE AN IRREVOCABLE LETTER OF CREDIT, WE ALSO ALLOW FOR A PERFORMANCE BOND FROM AN IMPROVED FINANCIAL INSTITUTION OR C OR PROVIDE CASH ESCROW TO ENSURE PROPER FUTURE OPERATION AND MAINTENANCE.
AND THE, WE SPECIFY THAT THE AMOUNT OF THE FINANCIAL SECURITY WILL BE DETERMINED BY THE TOWN.
WE SKIP ALL THE WAY TO SECTION 13.
CONDITION 13.1 HAS HAVE, HAS HAD A SENTENCE ADDED AFTER THE FIRST SENTENCE.
THE NEW SENTENCE READS, THE PUBLIC UTILITY EASEMENT, CONSERVATION EASEMENT, PERMANENT ACCESS EASEMENT, AND PERMANENT PEDESTRIAN ACCESS EASEMENTS SHALL BE PROVIDED IN DRAFT FORM TO THE TOWN ATTORNEY PRIOR TO ISSUANCE OF THE FINAL SUBDIVISION APPROVAL.
NO PERMITS SHALL BE ISSUED PRIOR TO FILING OF SAID EASEMENTS.
UNDER CONDITION 13.2, PLEASE HAVE A BETTER EFFECT.
I, I I WAS LOOKING AT THESE, UH, AT THESE MAPS.
UH, UH, I JUST WANNA TO MAKE CLEAR, I THINK THAT FROM MY READING, UH, A RESIDENT CAN WALK FROM THERE HOUSE ACROSS THE CON EDISON PROPERTY INTO THE PARK.
THEY DON'T HAVE TO DRIVE OUT ON IT.
THE, THE PEDESTRIAN EASEMENT IS IN A DIFFERENT LOCATION.
IT'S TO THE REAR WHERE THERE'S, WELL, IF YOU'RE FACING FROM, IT'S THE NORTHWEST CORNER, THE, THE PEDESTRIAN EASEMENT IS GOING TO PUT THE RESI FROM THE NEIGHBORHOOD BEHIND US NORTHWEST.
IT IS GOING TO ALLOW THEM TO ENTER OUR SIDEWALK SYSTEM AND THEN OUT UN AND THEN DOWN TO DOS FERRY, DOBBS FERRY.
AND THEN THEY HAVE TO, BECAUSE WE DON'T OWN THAT.
IF THE TOWN WOULD, IF NOBODY YEAH, WE HAD THAT DISCUSSION EARLY ON, ON THIS.
IT'S VERY, IT'S ONE OF THE STRANGE, I REMEMBER IT FROM DAY ONE.
WELL, THEY DON'T WANT, THEY DON'T WANT PEOPLE ANYWHERE NEAR THE AIRLINES.
AND THAT COULD NOT, AND IT IS NOT, YOU CAN'T HAVE A CARRYOVER BECAUSE THE GOLF COURSE HAD THE RIGHT TO CROSS IT, BUT THERE WAS A LEASE THAT RIGHT.
IS NOT, UH, HAS NOT BEEN GIVEN TO THAT.
THAT EASEMENT TERMINATED WITH THE, UH, CESSATION OF THE GOLF COURSE.
WE'D HAVE TO NEGOTIATE THAT WITH CON HAVE TO TAKE THE LOOK.
UH, THE TIMING HAS BEEN CHANGED INSTEAD OF PRIOR TO FINAL SUBDIVISION APPROVAL.
IT NOW READS WITHIN 30 DAYS OF FILING THE FINAL SUBDIVISION PLAT WITH THE WESTCHESTER COUNTY CLERK.
AND, UH, CONDITION 13.3 AND 13.4 HAVE HAD THE SAME MODIFICATIONS, UH, CHANGING THE TIMING OF THE DELIVERABLE FROM PRIOR TO FINAL SUBDIVISION APPROVAL TO WITHIN 30 DAYS OF FILING THE FINAL SUBDIVISION PLOT.
WHY, WHY IS THAT? UH, WHAT WAS THE REASON TO CHANGE? UM, I, I CAN SPEAK OF IT TO THIS, UH, DAVID STEINS AND I DISCUSSED THIS WITH, WITH AMANDA, UH, AS WELL.
SO THESE EASEMENTS ARE GOING TO HAVE TO REFERENCE THE FILED PLAT, SO THAT DOESN'T GET A MAP NUMBER UNTIL I GOT IT FOLLOWING FINAL APPROVAL.
I NEED MY HAT LIKE A JOHNNY CARSON.
UH, THE FIRST SENTENCE WHICH READS THE APPLICANT OR SUCCESSOR AND INTEREST SHALL INSTALL OFFSITE IMPROVEMENTS AT THE SPRAIN BROOK PARKWAY SOUTHBOUND OFF RAMP PURSUANT TO A NEW YORK STATE D O T HIGHWAY WORK PERMIT PROCESS.
THAT SENTENCE SHALL REMAIN THE SECOND SENTENCE, WHICH READS, IN THE EVENT THAT THE IMPROVEMENTS REQUIRE ABANDONMENT OF THE TOWN'S ENTRANCE TO EAST BROOK PARK, THE APPLICANT SHALL RELOCATE THE TOWN'S DRIVEWAY.
THAT SENTENCE, UH, IS TO BE REMOVED.
GOOD ENOUGH THAT IT, UH, THAT IS IT FOR THE MODIFICATIONS FROM WHAT YOU WERE SENT.
GIVEN THAT, UM, HOW DO PEOPLE FEEL ABOUT VOTING ON ALL THE, WERE YOU VOTING ON JUNE'S PRELIMINARY SUBDIVISION AND, AND, AND STEEP SLOPE PERMIT AND THE WETLAND, OF COURSE.
IS EVERYBODY COMFORTABLE WITH VOTING TONIGHT THEN? I AM.
CAN I HAVE A MOTION TO APPROVE THE PRELIMINARY SUBDIVISION, UH,
[01:20:02]
AS AMENDED? AS AMENDED? YES.UH, CAN I HAVE A MOTION TO APPROVE THE, UH, STEEP SLOPE PERMIT? IS THAT AMENDED TO ASD AS AMENDED? THEY ALL ARE, YEAH.
AND FINALLY, CAN I HAVE A, UH, A MOTION TO APPROVE THE WETLAND WATER COURSE PERMIT AS AMENDED? SO MOVED.
WHY AREN'T WE DOING THE TREE REMOVAL TONIGHT? WE DO TREE REMOVAL PERMIT, UH, AFTER FINAL, AT FINAL SUBDIVISION.
THERE WAS ONE THING THAT'S NOT NECESSARILY RELEVANT FOR THE APPROVALS, HOWEVER, UM, THE QUESTION CAME UP ABOUT THE, UH, USE OF THE WELL AND, UM, YOU KNOW, FOR THE IRRIGATION SYSTEM.
IF, I DON'T KNOW IF JAMES, JAMES JAMES COULD SPEAK TO THAT BRIEFLY.
I WANNA KNOW IF YOU'VE BEEN DRINKING OUT OF THERE FIRST BEFORE WE MAKE THIS PROPOSAL.
UM, THE EXISTING GROUNDWATER WELL ON THE SITE WAS STUDIED IN THE E I S AND, UM, IT WAS DESCRIBED THAT, UH, COULD YOU, COULD YOU HOLD MIC UP A BIT? HAVE HEAR YOU.
THE EXISTING GROUNDWATER WELL WAS DESCRIBED AND STUDIED IN THE E I S AND IT IS TO BE USED FOR IRRIGATION PURPOSES ONLY IN THE FUTURE.
UM, WHICH IS CONSISTENT WITH THE USE THAT THE GOLF COURSE PREVIOUSLY, UH, HAD FOR IT.
UM, NON-POTABLE WATER SOURCE, UH, WILL, YOU KNOW, BE A CONDITION OF THAT GOING FORWARD.
NOW, WHAT WOULD IT BE USED FOR THERE? HOW MUCH COMMON AREAS THERE WITH THAT YOU'D BE, WHAT WOULD YOU BE IRRIGATING WHEN YOU'VE GOT ALL THE LOTS THAT HAVE THEIR OWN WATER SYSTEMS IN IRRIGATION SYSTEMS? OPEN SPACE.
SOME OF THE OPEN SPACE AREAS, THE BOULEVARD ENTRANCES, THE STREET TREES, UM, THERE ARE OPPORTUNITIES FOR THAT.
CAN YOU INCLUDE THAT ON, UH, PLANS FOR THE FINAL APPROVAL FOR, FOR FINAL SUBDIVISION APPROVAL? JUST SO WE CAN IDENTIFY WHERE THEY'LL BE LOCATED? YES.
HA HAS, HAS THE WATER BEEN TESTED? AND TO BE SURE IT'S OKAY FOR EVEN THAT USE, I BELIEVE, UH, G T A DID PROVIDE INITIAL TESTING DURING THE D E I S PROCESS AND IT'S SUFFICIENT FOR NON SOURCES.
I WOULD LIKE CONFIRMATION OF THOSE TESTS BEFORE WE FINAL SUBDIVISION.
THAT IS, THERE'S A CONDITION OF APPROVAL TO SHOW, JUST TO BE, JUST TO BE SURE THAT WE'RE NOT SPREADING SOMETHING THAT WE DON'T WANT TO SPREAD ON THE PROPERTY.
BUT OTHERWISE, I HAVE NO PROBLEM.
WILL, WILL THERE DISTRIBUTION SYSTEM WITH BINS WITHIN THE TOWN RIGHT AWAY? IT HASN'T BEEN.
UH, WE WILL HAVE THAT DETERMINED FOR FINAL APPROVAL.
SO THERE, SO THERE WOULD BE EASEMENTS THAT WOULD BE DIRECTED ANY DISTRIBUTION BOX THERE MAY BE, RIGHT.
UM, WE'LL HAVE TO SEE HOW IT LAYS OUT.
I DON'T THINK
I, THE ONLY QUESTION I WAS ASKING THAT ON THE SIDE, OR IS THERE ANY REASON YOU DON'T USE THE STORM WATER AS WELL? YOU'VE GOT SOME BASINS AND THINGS LIKE THAT.
I I'VE NEVER HAD A SYSTEM THAT USES REUSE RECLAIMED, I GUESS IN ESSENCE RECLAIMED WATER FROM THE STORMWATER.
IS THAT WHAT YOU'RE ASKING? I WAS JUST ASKING.
WE'VE, HAVE YOU EVER DECIDED? WELL, I, ONE OF THE ISSUES WITH THIS PARTICULAR PROJECT IS THAT, UH, THEY HAVE VERY REVENUE WITH SOIL ON SITE SO THAT WE COLLECT TECHNICALLY INFILTRATED IN GROUND.
SO IT'S GONNA INFILTRATE GROUND PRICE INFILTRATION.
YOU HAVE PROBABLY BIG POOL, BIG POOLS ALL THE TIME.
BUT YOU'RE GONNA BE, UH, UH, FOLLOWING THE TOWN, UH, SUSTAINABILITY REQUIREMENTS AND A CODE, WE'RE GONNA FOLLOW WHATEVER CODE IS NECESSARY TO COMPLY.
THE, THE USE OF INFILTRATION IS THE SUSTAINABLE PRACTICE THAT'S BEING, UH, THEY'RE PROVIDING PROPERTY DEVELOPMENT, STORM ORDER.
THEY DO HAVE ONE, UH, EXTENDED ATTENTION POND ALONG THE FRONTAGE OF THEIR PROPERTY, BUT THE MAJORITY, MAJORITY OF THE SITE IS USED FOR INFILTRATION.
[01:25:01]
FOR WAITING AND HAVING TO LISTEN TO US GO THROUGH ALL, ALL THAT.WAY MORE DETAILED THAN OUR MEETINGS USUALLY ARE.
THEY'RE NORMALLY NOT THIS FUN, JUST SO, SO YOU KNOW, ROSE.
IT WAS, WE ACTUALLY ESPECIALLY STAGED THIS FOR YOU.
WE WERE ACTUALLY APPROVED THAT A LONG TIME AGO.
UM, CASE PB 2316, WHICH IS A LITTLE, A LITTLE DRAGON DAYCARE CENTER AT 130 CENTRAL PARK AVENUE, WHICH IS ON THE CORNER OF JANE STREET, UH, IN CENTRAL PARK AVENUE.
COULD YOU PLEASE COME UP AND, UH, PRESENT, UM, YOUR PROPOSAL AND THEN WE CAN HAVE TALK ABOUT IT AND JUST STATE YOUR NAME FOR THE RECORD.
AND, UH, I JUST WANNA GIVE A LITTLE BIT BRIEF AND, UH, YOU KNOW, WHAT WE DO AND, UM, SO BASICALLY WE PROPOSE A DAYCARE CENTER, UH, IS LOCATED, UM, ON THE GROUND FLOOR OF ST.
PAUL'S, UH, ME, UNITED CHURCH ON CENTRAL AVENUE.
AND THIS IS, UM, YOU KNOW, IN THE HEART, UH, HEART OF HARSDALE AND IS CONVENIENT TO THE FAMILY IN THE SURROUNDING AREA.
ACTUALLY, WE PROVIDE SERVICE AND NO, I HAVE A, A GOOD FAMILY CARE AND WE PROVIDE, UM, CHILDCARE SERVICE FOR SCARSDALE, AIMA, UH, EASTCHESTER, ALL THE SURROUNDING AREAS.
AND BILINGUAL IS OUR SPECIALTY BECAUSE THE DYNAMIC HAVE BEEN CHANGED IN THE NEIGHBORHOOD AREA.
A LOT OF, UH, FAMILY, THEY EITHER CONNECTED TO ASIAN OR CHINESE OR, YOU KNOW, FROM THE ASIAN, UM, ORIGIN.
AND THEY'RE ALL LOOKING FOR BILINGUAL.
AND SO THIS IS THE TYPE OF SERVICE WE'RE PROVIDING BILINGUAL.
AND THIS IS, WE'RE WE'RE UNIQUE IN SENSE OF, YOU KNOW, COMPARED TO THE REGULAR DAYCARE CENTER.
AND I WANT TO JUST GO BACK TO, SO THE, THE ST.
LOUIS LOCATION WAS ACTUALLY A NURSERY SCHOOL IN THE PAST 30, 36 YEARS AND I BELIEVE, AND, UH, SO WE PROPOSED TO PROVIDE A DAYCARE CENTER UP TO 30 CHILDREN WITH ABOUT SIX STAFF MEMBERS.
AND I WILL PROVIDE MUCH NEEDED SERVICE TO THE WORKING PARENTS.
AND LIKE I MENTIONED EARLIER BEFORE, AND WE WANNA PROVIDE RELIABLE AND QUALITY DAYCARE CENTER, UM, DAYCARE SERVICE FOR THE PARENTS SO THEY CAN FEEL RELAXED AND EASY GO TO WORK AND, YOU KNOW, TO DO WHATEVER THEY HAVE TO DO.
AND, UH, BY OFFERING THE AGE APPROPRIATE EDUCATIONAL ACTIVITY AND NUTRITIOUS MEALS AND STIMULATING ENVIRONMENTAL AND IN YOUR DAYCARE CENTER, WE, OUR GOAL IS TO SUPPORT THE COGNITIVE AND SOCIAL AND EMOTIONAL AND DEVELOPMENT OF THE CHILDREN IN OUR NEIGHBORHOOD.
SO THIS IS WHAT I'M PROPOSAL AND, UH, I, YOU KNOW, I'M HERE AND IF YOU HAVE ANY QUESTION SURE.
AND WOULD THEY ALL BE ARRIVING AT THE SAME TIME OR AT DIFFERENT TIMES? UM, WE HAVE ABOUT LIKE, YOU KNOW, USUALLY DROP, UH, HOUR DROP OF HOURS BETWEEN EIGHT TO NINE.
SO THEY COME, THEY, I I I ASSUME THEY WON'T COME THE SAME TIME.
SO IT'S NOT AS IF, OR IT SOUNDS LIKE IT'S NOT AS IF YOU HAVE A CLASS THAT STARTS AT A CERTAIN TIME, LIKE AN OLDER GRADE SCHOOL WHERE EVERYONE HAS TO BE THERE.
NO, THEY COME LIKE ONE OR TWO, LIKE EIGHT O'CLOCK, MAYBE ANOTHER 10, 15 MINUTES, ANOTHER TOUR WHERE PARENTS WHERE DROPPED WON'T COME LIKE GRADUALLY THEY WON'T COME THE SAME TIME.
I'M ASKING MOSTLY FROM A TRAFFIC PERSPECTIVE BECAUSE PEOPLE WHO HAVE TO TURN LEFT INTO, UM, THE PARKING LOT FROM CENTRAL AVENUE MIGHT HAVE A LITTLE BIT OF DIFFICULTY AT CERTAIN TIMES A DAY.
AND THE FLOW IN YOUR PARKING LOT IS SOMETHING THAT, THAT WE'RE, YOU KNOW, FOCUSED.
RIGHT NOW THE FACILITY AS A, UH, SOME SORT OF A SCHOOL WAS A NURSERY SCHOOL.
NURSERY SCHOOL FOR 30 SOME YEARS.
AND, UH, ACTUALLY I MET A LADY AND UH, SHE WAS REALLY NICE AND, UH, AND I MEAN, NURSERY SCHOOL SLIGHTLY DIFFERENT FROM DAYCARE CENTER, SO WE PROVIDE LONGER HOURS.
AND SO, UH, ONLY LIKE TRAFFIC TIME YOU MENTIONED IT'S GONNA BE IN THE MORNING AND LIKE GRADUALLY A COUPLE OF PARENTS DROP.
IT'S NOT LIKE, UH, YOU KNOW, DURING THE DAY PARENTS DROP AND PICK UP AND WE DON'T HAVE THAT ONLY IN THE MORNING, AFTERNOON.
SO THEY'RE MOVING OUT AND YOU ARE TAKING THE SAME SPACE? ABSOLUTELY, YES.
[01:30:01]
TO DROP THE, DROP THE CHILDREN OFF INSIDE THE DAYCARE OR DO YOU HAVE SOMEBODY TO COME OUT AND GET 'EM? UM, BY THE ENTRANCE.SO THEY DON'T HAVE TO PARK WHEN THEY'RE DROPPING THE JAIL OFF.
UM, ACTUALLY THEY'RE REQUIRED TO PARK IT SAID IN THE DOCUMENT THEY NEED TO COME IN.
IT'S A LITTLE ONE, TWO TO FOUR, RIGHT? YEAH.
THEY, THEY PARK THEIR CAR, THEY TAKE ALL THE KIDS AND THEN THEY GO TO THE MAIN ENTRANCE, THEY DROP THE KIDS AND WE HAVE TEACHER OVER THERE MAKE SURE, YOU KNOW, THERE'S A SIGN, SIGN OUT.
SOMETIMES THE KIDS MAY NOT BE TOO HAPPY ABOVE BEING LEFT, YOU KNOW, THERE MIGHT BE A LITTLE TRANSITION OBJECTION.
SO I JUST WANT TO ADD THAT, UM, THEY ARE PROPOSING TO ADD, UH, EXTENDED EXISTING, UH, STRIPED WALKWAY ACROSS THE PARKING LOT AND ADD A PAINTED BUFFER AREA IN FRONT OF THE ENTRANCE TO THE DAYCARE FOR PARENTS WALKING THEIR CHILDREN.
AND THEY ARE PROPOSING THE ADDITION OF AN 18 FOOT BY 18 FOOT, UH, OUTDOOR PLAY AREA IN THE FRONT YARD.
WHICH, UH, IT'S SUPPOSED TO BE SURROUNDED BY SIX FOOT HIGH WHITE VINYL PRIVACY FENCING THAT'S REMOVABLE.
BECAUSE THE CHURCH HAS CERTAIN EVENTS THAT TAKE THAT SPACE.
SO AT CERTAIN TIMES A YEAR YOU HAVE TO REMOVE THE FENCE.
THE, THE, THE FENCE ARE ACTUALLY, UH, BY RECOMMENDATION FROM THE, I I'M WORKING CLOSER WITH THE, UH, INSPECT, UH, OR OR SPECIALIST FROM O C F SS AND HE RECOMMEND AND, UH, SIX OR EITHER FOUR OR SIX FEET THE PLASTIC LIKE FENCE.
JUST MAKE SURE, YOU KNOW, WE HAVE A SAFETY, PUT THE KIDS IN THERE AND UH, YOU KNOW, WE, I I, YOU KNOW, WE DON'T NEED TO REALLY DO ANYTHING.
THE FENCE GONNA BE OVER THERE.
IS THERE A SETBACK FOR THE FENCE? THE FENCE IS PARALLEL TO THE ROAD.
HOW FAR IS IT SET BACK FROM THE FENCE? WOULD THE FENCE BE FROM THE ROAD? IT'S QUITE FAR.
QUITE FAR BECAUSE THE BUILDING IS SET.
BUILDING IS SET ALL THE WAY, NOT ALL THE WAY.
IT'S QUITE FAR, IT'S FAR THE CENTRAL AVENUE.
HOW LONG AGO WAS THE NURSERY? UM, UH, WHEN I THINK, UM, THEY CLOSED, UM, EITHER JANUARY OR FEBRUARY.
DID WE GET ANYTHING? DID YOU TALK TO TRAFFIC SAFETY, MATT? I DID NOT HAVE THE OPPORTUNITY.
ONE THING WE'RE ALL CONCERNED ABOUT, ALL OF US WHO LIVE NEAR CENTRAL AVENUE IS LEFT INS AND LEFT OUTS OF IN CENTRAL AVENUE CAN BE A REAL PROBLEM.
UM, AND IT SOUNDS LIKE YOU'RE GONNA HAVE KIDS COMING FROM ALL DIRECTIONS, RIGHT? YEAH.
SO THAT'S SOMETHING WE, WE WANNA LOOK AT.
WE, ONE THING WE WOULD WANT TO DO IS TALK TO OUR TRAFFIC SAFETY PEOPLE TO SEE IF THERE'S SOMETHING, WELL, UNFORTUNATELY IT'S A STATE ROAD, WE'D HAVE TO GO TO THE D O T IF WE WANTED GO FLASHING OLD LIGHT OR SOMETHING.
I MEAN, IF IT WAS A NURSERY SCHOOL FOR 36 YEARS, I WOULD THINK IF THERE WERE GONNA BE INCIDENTS, THAT'S WHAT I WANNA SEE.
I JUST WANNA SEE THE ACCIDENT REPORT.
YOU JUST WANNA SEE WHAT, IF THERE WERE, WE CAN REQUEST THAT INFORMATION FROM OUR POLICE.
IF IT HASN'T BEEN AN ISSUE, THEN THIS SHOULD BE LESS OF AN ISSUE, I WOULD THINK.
'CAUSE YOU DON'T HAVE THE STACK UP OF, OF PEOPLE AT ONE ONE TIME HAS BUILDING DETERMINED IF THERE'S ANY VARIANCES NEEDED? UH, YES.
UH, THE APPLICATION DETERMINED THAT NO VARIANCES ARE NEEDED.
HOWEVER, A WAIVER, UH, FROM THE PLANNING BOARD RELATED TO A LANDSCAPE BUFFER AROUND THE PLAY AREA IS REQUIRED.
THAT SHOULD, THAT WON'T BE AN ISSUE.
WHAT? AND WHAT WOULD THAT BE? WHAT IS THE STANDARD? THE REQUIREMENT IN THE CODE IS A 10 FOOT LANDSCAPED BUFFER SURROUNDING THE OUTDOOR PLAY AREA.
THEY'RE PROPOSING TO MEET THAT, UH, REQUIREMENT BY THE SIX FOOT VINYL PRIVACY FENCE.
BUT, BUT THE WHOLE AREA IS GRASS.
ARE YOU PUTTING ANY EQUIPMENT OUT THERE OR IS IT JUST GONNA BE FOR ONLY OUTDOOR PLAY? NOTHING LIKE, UM, NOT A JUNGLE GYM OR ANYTHING LIKE THAT.
ARE YOU, ARE YOU TAKING OUT ANY PARKING OR THE SAME PARKING? THE SAME PARKING? WE DON'T SAY WE DON'T DO ANYTHING LIKE ALTERNATION, NO.
UH, WOULD YOU, THE LOT'S KIND OF SPLIT INTO TWO AREAS.
THERE'S A LOT THAT ACTUALLY IN FRONT OF, OF WHERE THE ENTRANCE AND AROUND THE BACK.
HOW WOULD YOU FEEL IF WE RECOMMENDED THAT THE EMPLOYEE PARKING BE ON THE OTHER SIDE OF THE BUILDING TO GIVE YOU ENOUGH SPACE? THAT'S GREAT.
WOULD THAT BE A PROBLEM FOR YOU? YES, IT WOULD BE.
OR IT WOULDN'T BE A PROBLEM? I'M BUSY, I THINK.
I I, WE TALK ABOUT MATT, WE TALK, THE EMPLOYEE ACTUALLY CAN PARK IN THE BACK.
ANY OTHER QUESTIONS FROM THE BOARD AT THIS POINT? OKAY, THEN WHY DON'T WE SIT, UH, WALTER, UH, YEAH, GO AHEAD.
NO, I, I I DON'T BEEN TO THAT CHURCH FOR MANY DAYS AT FUNERALS
[01:35:01]
WEDDING, UH, WHEN THEY HAD THE OUTDOOR AFFAIR AND I HAVE NOT, UH, SEEN ANY TRAFFIC ISSUE RELATING TO THAT.AND YOU KNOW, CHANNELING OR DEPARTED COLLEAGUE MONA, I ASKED, UH, EARLIER WHY THERE'S NO A D A SPACES AND APPARENTLY THEY JUST, THEY NEVER HAD ANY, IT'S GRANDFATHERED APPARENTLY, UNLESS YOU RES STRIPE IT AS I UNDERSTAND IT.
UM, OR OTHER MODIFICATIONS, ALTHOUGH WHAT YOU COULD OKAY.
WHAT YOU COULD CONSIDER IS IF YOU HAVE SOMEONE WHO IS, UH, HAS A HANDICAP ISSUE OF RESERVING ONE OF THE SPACES IN FRONT FOR THE DROP OFF.
SO THEY WOULDN'T HAVE TO GO AS FAR POSSIBLY COULD THINK ABOUT DOING THAT.
IF THE CHURCH WOULD LET YOU DO THAT.
SO IT COULD BE A SIGN THAT'S REMOVABLE TOO.
I, I WOULD THINK JUST, YOU KNOW, PUT UP THERE DURING, DURING
UH, NO, IT'S, I IS THERE ANY SIGN YOU'RE GONNA PUT NEW SIGN THERE ON, ON THE SIDEWALK OR, AND I THINK, UH, CURRENTLY THERE'S A NURSERY SIGN WE CAN I'VE SEEN IT.
PUT OVER THERE AND WITH ORA, YOU KNOW, APPLICATION OF THE SIGN.
PEOPLE NEED TO, YOU KNOW, LIKE KNOW JUST THAT WE, WE'VE THERE IS CODE TO THAT EFFECT AND YOU'D HAVE TO JUST MEET THE SIGN, SIGN CODE, THE GUIDELINES.
I THINK IT'S A, THE ONE THAT IS A WOODEN SIGN AS I RECALL.
UM, I THINK WE SHOULD PUT THIS ON FOR, WE HAVE TO PUT THIS ON PUBLIC HEARING, RIGHT? YES.
SO WHY DON'T WE PUT THIS ON FOR PUBLIC HEARING ON, UH, SEPTEMBER 6TH.
UM, WE CAN DO SECRET THAT AT THAT NIGHT TO THE NIGHT OF THE PUBLIC HEARING, THIS IS WHAT UNDER SEEKER THIS WOULD BE.
UH, THIS WOULD ACTUALLY QUALIFY AS A TYPE TWO ACTION TYPE AS IT IS A REUSE OF A COMMERCIAL.
SO WE, WE'LL DO SEEKER RIGHT BEFORE WE DO THE PUBLIC HEARING.
WHEN DO YOU GO TO OPEN IT? IT'S FINE.
I HAVE CARE ACCOUNT DAYCARE CARE IS VERY NECESSARY.
IT'S VERY IMPORTANT AND RELIABLE.
GOOD DAYCARE, WE PRAY SO MUCH FOR WAITING, WAITING OUT THE EVENING AND I'M GLAD TO GET THROUGH IT.
WE'LL SEE YOU AT THE END OF THE SUMMER ON SEPTEMBER IT, SEPTEMBER 6TH.
WE'LL BE, I'LL BE IN TOUCH WITH YOU REGARDING THE NOTICING AND THE SCIENCE REQUIREMENTS.
THAT'S THE END OF OUR MEETING FOR THIS EVENING.
GUYS, THANK YOU VERY MUCH FOR THE DILIGENCE GIVING THROUGH ELWOOD.
END THE DISCIPLINE OF NOT GOING OFF ON TANGENT.
AND I'D ALSO LIKE TO THANK AMANDA, MATT, AND THE REST OF THE STAFF.
WALTER, CAN I FINISH SAYING WHAT I'M SAYING? THEN I WILL GET YOU.
I WANT TO THANK THE STAFF BECAUSE THAT WAS NOT EASY.
THIS WAS AN INCREDIBLY COMPLEX PROJECT AND YOU GUYS DID A TERRIFIC JOB.
I THINK THE CHANGES THAT YOU GOT IN THERE WERE A SIGNIFICANT IMPROVEMENT AND UH, IT JUST, IT MUST HAVE BEEN A SCRAMBLE TO DO IT SO QUICKLY TO TELL ME, WELL I KNOW WHAT YOU DID.
I KNOW, KNOW HOW HARD YOU'VE BEEN WORKING THE LAST FEW DAY DAYS ON THIS AND THAT'S NOT THE FIRST TIME TIME YOU'VE HAD TO DO IT.
SO I'M GLAD WE'RE THROUGH THIS AND IT'S GONNA MAKE THE REST OF THE PROCESS PRETTY EASY.
WALTER, WHAT WERE YOU GONNA SAY, WALTER, ON FIRST BEFORE WE DID? I, UH, UH, I I UPGRADED MY COMPUTER.
ZOOM DON'T LOOK GREAT THAT GRANDCHILDREN.
THAT'S WHY WE DON'T WHY WE WANT YOUR, YOUR YOUR SMILING FACE HERE, WALTER NOT SITTING IN YOUR HOUSE.
WELL ONE OF THE THINGS THAT, UH, THERE WAS A PROPOSAL THAT, UH, UH, THAT WE, UH, ON WETLANDS AND IT HAD EVASIVE SPECIES TO BE ABLE TO CUT THEM DOWN.
DID WE SUPPORT THAT WESTCHESTER VIEW LANE? THE MODIFICATIONS TO EXISTING YEAH.
WE WE NEED TO TALK A LOT MORE ABOUT THE YEAH, WE TALK, WE NEED TO TALK A LOT MORE ABOUT DOING THAT BROADLY.
I THINK THAT'S SOMETHING THAT REALLY SHOULD BE A TOWN BOARD DECISION AS MUCH AS IT IS OURS.
YEAH, BUT WALTER, I, WE, UM, AGREED TO, THEY COULD CUT DOWN THOSE TWO TREE OF HEAVENS AND ANY OTHER TREE OF HEAVENS THAT SPROUT UP IN THAT BUFFER ZONE.
AND PROVIDED THEY REPLACE THEM WITH NATIVE SPECIES, RIGHT? YES.
AND THEN THE ISSUE OF WHETHER THAT SHOULD BE
WELL THANK YOU FOR COMING TONIGHT, WALTER, I KNOW YOU'VE HAD A LONG DAY, SO I REALLY APPRECIATE YOU AND AND HAVE A GREAT TRIP.
I KNOW WE'RE GONNA MISS YOU AT THE NEXT MEETING.
HAVE WONDER ONE AND IT'S WHAT YOUR I'LL BE GONE FOR THE NEXT WEEK.
IT'S WHAT? YOUR HUNDREDTH ANNIVERSARY COMING UP, IS THAT, IS THAT WHAT IT IS?
[01:40:02]
IT'S YOUR 50TH.CAN YOU I'LL YOU AFTER YOU COME BACK, SYLVIA ALREADY HATES ME.
WE BEGIN CUT WITH THE LIVE EMAIL.
THESE ARE WONDERFUL THAT YOU GUYS DO.