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[ TOWN OF GREENBURGH ZONING BOARD OF APPEALS AGENDA THURSDAY, September 7, 2023 – 7:00 P.M. ]
THURSDAY, SEPTEMBER 7TH, 2023.AND THIS IS A SPECIAL MEETING OF THE TITLE GREENBERG ZONING BOARD OF APPEALS.
AND FIRST WE WILL START WITH THE ATTENDANCE.
NICK HERE, WOULD YOU BE, AND LET'S DO ROLL CALL FOR US.
UH, START WITH CHAIR VERSUS ING SMITH.
AND AS ALL WHO ARE PRESENT, BOTH HERE AND PERSON.
AND ON ZOOM OR AWARE, THIS IS A ONE CASE THAT WE ARE HEARING THIS EVENING, UH, BASED ON THE ISSUANCE OF A STOP WORK ORDER.
AND THAT IS C B A CASE NUMBER 2322 E D C SEVEN L L C FAIRLY IN INDUSTRIES IT'S 50 WAREHOUSE LANE, SOUTH BURG POST OFFICE.
AND WE HAVE BEFORE US A AN APPEAL BY THE APPLICANT.
WE HAVE AN APPEAL BY THE APPLICANT WITH RESPECT TO THE STOP WORK ORDER AND WE ARE GOING TO TAKE STATEMENTS, WHICH WOULD BE TESTIMONY.
AND THAT INFORMATION THAT IS BEING PROVIDED WILL BE SWORN AND PUT ON THE RECORD.
SO WHO IS HERE TO YES, YES, MADAM CHAIR.
MEMBERS OF THE BOARD, LIEBERMAN ACCOUNT STAFF? YES.
SHE ATTORNEY, THE LAW FIRM HARRIS BEACH, REPRESENTING BAIL INDUSTRIES IN THIS APPEAL.
THE APPEAL WAS FILED ON AUGUST 8TH.
I KNOW YOU'RE AN ATTORNEY, BUT, UM, I WOULD LIKE FOR YOU TO HAVE, UM, MAKE SOME AFFIRMATION WITH RESPECT TO THE INFORMATION YOU'RE GIVING.
IF IT'S GOING TO BE YOUR TESTIMONY OR IT'S GOING TO BE AN INDIVIDUAL THAT YOU REPRESENT.
UH, THERE'S GONNA BE, UH, MANY, UH, WE HAVE OUR INDIVIDUAL REPRESENT, UH, HERE IN THE C E O OF RE.
I'VE BEEN BEFORE THIS BOARD NUMEROUS TIMES.
IF, IF IT'S, I'VE NEVER SEEN AN ATTORNEY OF FIRM OR SWEAR BEFORE A ZONING BOARD, BUT I CAN CONFIRM.
WELL, IF YOU'RE GOING TO FACTS OF THE CASE OKAY.
WITH RESPECT TO IT, I WOULD APPRECIATE YOU DOING THAT.
IF NOT, YOU'RE JUST OUTLINING WHAT THE CASE IS ABOUT THAT MIGHT BE DIFFERENT.
WELL, I'VE SUBMITTED THE TWO LETTERS.
I THINK YOU'VE SEEN THE AUGUST 8TH LETTER, SEPTEMBER 5TH LETTER.
WHENEVER YOU PREFER MATTER, SHARON.
WELL WHAT WE WOULD LIKE TO HEAR IS FOR TESTIMONY, BECAUSE WE WANNA GET TO THE REALLY NUTS AND BOLTS OF THE CASE IF WE CAN.
WHAT I'D LIKE TO DO FIRST IS INTRODUCE, UM, GLENN ANA, HE'S THE, UH, C E O AND PRESIDENT OF SALE INDUSTRIES FOR A BRIEF PRESENTATION BEFORE WE START GETTING INTO THE APPEAL ISSUES THAT WE'D LIKE TO ADDRESS THE BOARD TO GIVE A LITTLE BACKGROUND OF SALE ON THE PROPERTY.
STRIKE CHAIRPERSON ING AND Z B A MEMBERS.
UM, AS I GO, I'LL ASK YOU TO PLEASE STOP ME AT ANY TIME IF GIVEN ANY QUESTIONS.
NOW WE WOULD LIKE TO HAVE YOU SWORN IN SURE.
SO WOULD YOU RAISE YOUR RIGHT HAND PLEASE? AND WOULD YOU SWEAR, I'M SORRY.
WOULD YOU SWEAR OR AFFIRM TO TELL THE TRUTH WITH RESPECT TO THE INFORMATION AND FACTS THAT YOU ARE PROVIDING TO THIS BOARD THIS EVENING? I DO.
FIRST AND FOREMOST, SALE INDUSTRIES IS AN ENVIRONMENTALLY FRIENDLY GREEN COMPANY THAT HAS HAD A GREAT RELATIONSHIP WITH EVERYONE IT TOUCHES, WHETHER IT BE THE NEW YORK STATE DEPARTMENT OF LIFE CONSERVATION WESTCHESTER COUNTY.
AND FOR 26 YEARS WITH THE TOWN OF REBER, WE'VE HAD GREAT RELATIONSHIPS WITH THE PREVIOUS THREE BUILDING INSPECTORS, JOHN LUCIDO, STEVE RETA, AND ROBERT DABS.
I'M WITH OUR NEIGHBORS CRO TOWN RESCUE.
I WANT TO THANK YOU FOR BEING HERE TONIGHT.
WE AIM TO CONTINUE OUR ESSENTIAL RELATIONSHIP WITH THE BOARD, WITH THE TOWN AND ITS ADMINISTRATIVE STAFF THAT
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WE FORWARD IN THE FUTURE.WE'RE HERE TODAY TO TALK ABOUT THE WAREHOUSE LANE RECYCLING FACILITY.
THAT OPERATION IS DEEMED A CRITICAL INFRASTRUCTURE FACILITY BY THE FEDERAL GOVERNMENT OF THE UNITED STATES, AS WELL AS BY THE GOVERNMENT.
FEDERAL GOVERNMENT DEFINES CRITICAL INFRASTRUCTURE FACILITIES AS THOSE CONSIDERED SO VITAL TO THE UNITED STATES THAT THEIR INCAPACITATION OR DESTRUCTION WOULD HAVE A DEBILITATING EFFECT ON SECURITY, NATIONAL ECONOMIC SECURITY, NATIONAL PUBLIC HEALTH OR SAFETY, OR A COMBINATION THEREOF.
NEW YORK STATE EXECUTIVE ORDER 2 0 2 0.6 DEEMED THE RECYCLING FACILITY.
ITS ENVIRONMENTALLY SENSITIVE WORK AS AN ESSENTIAL INDUSTRY DURING THE C OVID 19 PANDEMIC.
IN FACT, WE REMAINED IN OPERATION DURING THE ENTIRE PANDEMIC, CONTINUOUSLY ACCEPTING AND PROCESSING EXCAVATED MATERIALS FROM THE TOWN OF GREENBURG, THE VILLAGES IN THE TOWN OF GREENBURG, MUNICIPALITIES, PUBLIC UTILITIES INCLUDING CON EDISON AND CONTRACTOR PERFORMING ESSENTIAL SERVICES IN WESTCHESTER COUNTY AND THE HUDSON VALLEY.
DURING THE PANDEMIC, THE WAREHOUSE LANE RECYCLING FACILITY OPERATES UNDER A NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION R 360 PERMIT TURN WASTE INTO REUSABLE AGGREGATE PRODUCTS.
THE FACILITY HISTORICALLY RECYCLES NON CONTAMINATED EXCAVATED MATERIALS INCLUDING ROCKS, CONCRETE, CONCRETE PRODUCTS, ASPHALT, ASPHALT, MILLINGS, AND MIXED LOADS.
AND WE TURN THOSE INTO RECYCLED PRODUCTS.
WE ARE NOT PERMITTED BY THE D E C NOR THE TOWN OF GREENBURG TO ACCEPT PETROLEUM CONTAMINATED EARTH FILL OR AGGREGATE.
WE NEVER HAVE HAVE NO INTENTION OF EVER DOING THAT.
A NOTE AS OF THE STOP WORK ORDER, IN ORDER TO WORK WITH THE TOWN OF GREENBURG AND TO SHOW A GOOD FAITH EFFORT, WE HAVE STOPPED ACCEPTING ASPHALT AND ASPHALT PRODUCTS AT THE FACILITY.
ASPHALT PRODUCTS THAT WERE DELIVERED TO THE RECYCLING FACILITY HAVE TRADITIONALLY BEEN SHIPPED TO OUR ASPHALT PLAN IN FISHVILLE, NEW YORK WHERE THEY'RE RECYCLED INTO OUT OUTGOING ASPHALT MATERIAL ON ROUTE NINE A WAS REPAID LAST YEAR IN FRONT OF WAREHOUSE LANE AND SAM'S FLOAT.
THEY INDUSTRY SUPPLIED THE ASPHALT FOR THAT FACILITY AND RECYCLED ASPHALT SUCH AS THAT, WHICH WAS TAKEN IN AT OUR FACILITY IN GREENBURG, TAKEN TO THAT TO THE SITE AND MIXED INTO THAT PROJECT.
THAT'S WHAT WE DO WITH THIS FACILITY CYCLE MATERIAL.
THE W THE WAREHOUSE LANE RECY, UH, FACILITY RECYCLES TWO OUT OF EVERY THREE LOADS EXCAVATED MATERIAL IN WESTCHESTER COUNTY.
EXCUSE ME, TWO OUT OF EVERY THREE TONS OF EXCAVATED MATERIAL IN WESTCHESTER COUNTY.
THE FACILITY RECYCLES MORE THAN TWICE AS MUCH MATERIAL AS THE OTHER SIMILARLY FOUR PERMITTED FACILITIES DO WHEN COMBINED.
THE OTHER FOUR FACILITIES COMBINED NOT HAVE THE CAPACITY TO RECYCLE THE EXCAVATED MATERIAL IN WESTCHESTER COUNTY.
SHOULD THE DALE IN STREETS RECYCLING FACILITY BE SHUT DOWN.
THE WAREHOUSE LANE RECYCLING FACILITY IS APPROVED BY CON EDISON TO ACCEPT MATERIAL EXCAVATED ON CON EDISON RELATED PROJECTS.
AND WE HAVE BEEN THROUGH AN EXTREMELY SERIOUS, LONG, ARDUOUS AND COMPLICATED PROCESS WITH CONED TO RECEIVE THIS APPROVAL.
THE CONED ENVIRONMENTAL HEALTH AND SAFETY WEBPAGE STATES IS THE POLICY OF CON EDISON TO BE A LEADER IN PROTECTING THE ENVIRONMENT AND ENSURING THE HEALTH AND SAFETY OF ITS EMPLOYEES AND THE PUBLIC.
THIS IS WHY CON EDISON RELIES ON US TO ACCEPT NON CONTAMINATED EXCAVATED MATERIALS FROM
NONE OF THE OTHER FOUR FACILITIES THAT ACCEPT EXCAVATED MATERIAL IN WESTCHESTER COUNTY ARE APPROVED BY CON EDISON TO RECEIVE MATERIAL EXCAVATED ON THEIR PROJECTS.
THE WAREHOUSE LANE FACILITY RECYCLES THE MAJORITY OF MATERIAL EXCAVATED BY CON ED AND CON ED CONTRACTORS TO MAINTAIN THE GAS ELECTRIC INFRASTRUCTURE IN WESTCHESTER COUNTY AND HAS DONE SO FOR A NUMBER OF YEARS.
NONE OF THE OTHER FACILITIES, FACILITIES REGISTERED WITH THE D E C RECEIVED ANY EXCAVATED MATERIALS FROM CONED CONED RELATED PROJECTS IN 2022.
NOR HAVE ANY OF THEM RECEIVED ANY MATERIAL FROM CONED OR CONED CONTRACTORS GOING AS FAR BACK AS 2013.
AND THAT WAS THE FURTHEST WE COULD GO BACK WITH DC TO OBTAIN THE RECORDS.
ANY WORK STOPPAGE AT THE WAREHOUSE LANE FACILITY PREPARES CON ED'S ABILITY TO CARRY ON WITH THEIR CRITICAL INFRASTRUCTURE PROJECTS TO MAINTAIN THE GAS AND ELECTRIC INFRASTRUCTURE IN WESTCHESTER COUNTY.
MOREOVER, THE WAREHOUSE LANE AND THE TOWN OF GREENBURG HAVE ENJOYED A VERY NICE MUTUALLY BENEFICIAL RELATIONSHIP FOR NEARLY 26 YEARS.
FOR INSTANCE, MORE THAN 10 YEARS SUPERVISOR FINER AND I HAVE BEEN PART OF THE GOLDEN APPLE
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EXPO OUTREACH, WHICH IS A MONTHLY GATHERING WITH MORE THAN 50 LEADERS IN WESTCHESTER COUNTY WITH THE PRIVATE SECTOR, GOVERNMENT AND EDUCATION.AND WE WORKED TOGETHER TO SOLVE PROBLEMS FOR THE BETTERMENT OF WESTCHESTER COUNTY.
ITS MUNICIPALITIES AND THE PEOPLE AT WESTCHESTER COUNTY.
SUPERVISOR FEINER AND I HAVE GOTTEN KNOW EACH OTHER AT THESE LUNCHES.
AND ON MONDAY, JULY 24TH AFTER THE STOP WORK ORDER WAS ISSUED, I SPOKE TO SUPERVISOR FEER AND SENT AN EMAIL TO HIM INFORMING HIM OF THE STOP WORK ORDER, THE IMPACT, THE CONDE IN THE LAYOFFS AND IMPACT FROM THE STOP WORK ORDER.
13 EMPLOYEES OF SALE INDUSTRIES WHO WORK AT THE RECYCLING FACILITY.
JESSE LAZADA, GEL DIAZ, JOE CALDO, CARLOS LA MAHAR GONZALEZ, TJ WILSON, BRIAN MASSEY, LOUIS GONZALEZ, WARREN SHEELY, MIGUEL CARDENAS, ANGEL DIAZ, JOHN KOWSKI, AND JOE LANDY.
AND JUST LIKE SAY JEFF ADA LIVES IN THE TOWN OF GREENBURG, RUNS THE FACILITY, CAME TO WORK FOR US SIX YEARS AGO AS SOMEONE THAT STARTED OUT PICKING UP GARBAGE.
HE WORKED AT THE SITE, WE TRAINED HIM.
WE ARE A HUGE COMPANY BASED ON GIVING PEOPLE A JOB, MOWING 'EM THROUGH THERE AND MAKING CAREERS OUT OF IT.
UH, AS I SAID, HE LIVES IN ELMSFORD, JUST DOWN FACILITY.
MY EMAIL TO PAUL CONCLUDED WITH PAUL I HAVE AND WILL ALWAYS BE WILLING TO MEET WITH WHOEVER HAS AN ISSUE WITH SALE INDUSTRIES TO WORK AND FIND AN AMICABLE SOLUTION TO ALLOW EVERYBODY TO WORK TOGETHER IN HARMONY.
I WILL HAPPILY TAKE ANY RECOMMENDATIONS YOU CAN GIVE ME TO THIS ISSUE FORWARD.
AS FOR THE RELATIONSHIP WITH ITS NEIGHBORS, DAILY INDUSTRIES IS BEING HONORED BY NEXT DOOR NEIGHBOR PAUL CROSS ON SEPTEMBER 23RD IN F B R PARK, JENNIFER, PRESIDENT PAUL CROSS, UM, WROTE IN A PRESS, IN A RECENT PRESS RELEASE.
WE'RE BEYOND GRATEFUL FOR THE ENTIRE TEAM AT FAIL INDUSTRIES.
THEY HAVE BEEN THE MOST AMAZING SUPPORTIVE NEIGHBORS HELPING US IN SO MANY CAPACITIES, DONATING ROCKS FOR OUR PLAY YARDS, SNOW PLOWING OUR PROPERTY EVERY SINGLE STORM USING THEIR EQUIPMENT, MOVE THOUSANDS OF POUNDS OF DONATED FOOD FOR OUR MAGNIFICENT PETS.
THEY'RE SUCH AN INSPIRING GROUP OF PEOPLE AND WE ARE SO FORTUNATE TO HAVE 'EM AS ENGAGING MEMBERS AS VERY SPECIAL PAUSE CROSS PANEL RESCUE FAMILY.
THIS IS WHAT COMMUNITY LOOKS LIKE.
WHEN THE STOP WORK ORDER OCCURRED, JENNIFER REACHED OUT TO ME AND ASKED WHAT SHE COULD DO TO HELP.
AND WITH YOUR PERMISSION, MADAM CHAIR, I'D LIKE TO ASK JENNIFER TO SAY A FEW WORDS.
HELLO? HELLO, MY NAME IS JENNIFER.
YOUR NAME IS JENNIFER ANGELIE.
AND DO YOU SWEAR OR AFFIRM THAT THE INFORMATION YOU'RE GOING TO PROVIDE TO THIS BOARD THIS EVENING IS TRUE TO THE REST OF, IS TRUE TO THE REST OF YOUR KNOWLEDGE? YES.
SO THE PRESS RELEASE PRETTY MUCH SAYS WHAT I WANTED TO SAY HERE TODAY, BUT FAIL INDUSTRIES HAS BEEN FANTASTIC NEIGHBORS TO US SINCE THE VERY FIRST DAY THAT WE MOVED INTO THE FACILITY.
AND NOT ONLY ARE THEY INCREDIBLY GENEROUS, THEY'RE COMPASSIONATE TOWARDS THE WORK WE DO IN OUR SHARED COMMUNITY.
AND BECAUSE OF THIS, WE HAVE SELECTED THEM AS HONOREES AT THIS YEAR'S EVENT.
AND WHEN WE FIRST OPENED, WE CONSULTED WITH THEM ON, WHICH WOULD BE FOR OUR PLAY YARDS FOR OUR DOGS, WHAT'S, WHICH MATERIAL WOULD BE THE BEST FOR THEIR PAWS SO THAT THEY COULD BE HAPPY AND PLAY.
AND NOT ONLY DID THEY CONSULT WITH US ON WHICH WOULD BE THE BEST MATERIAL, BUT THEY FILLED ALL FOUR OF OUR PLAY YARDS FOR FREE AT NO COST TO US.
AND NOW EVERY YEAR WE NOW HAVE SIX PLAY YARDS.
AND EVERY YEAR, YOU KNOW, THE DOGS KICK OUT THE STONES AND THEY REFILL OUR PLAY YARDS EVERY YEAR AT NO COST.
AND DURING EVERY SNOW STORM WE NEVER ASK THEM TO DO THIS.
THEY NOT ONLY PLOW THE ROAD COMING INTO INTO S CROSSING ANIMAL RESCUE, BUT THEY PLOW OUR ENTIRE PARKING LOT.
AND EVEN ON SUNDAYS WHEN SALE INDUSTRIES IS CLOSED, THEY SEND SOMEBODY TO PLOW OUT OUR PARKING LOT SO THAT WE WILL BE ABLE TO CONDUCT BUSINESS.
AND WITHOUT THAT WE WOULDN'T BE ABLE TO OPEN AND WE WOULD HAVE TO SPEND PRECIOUS RESOURCES IN HIRING SOMEBODY TO PLOW US OUT.
AND EACH YEAR WE SERVE AS THE NORTHEASTERN HUB FOR A WONDERFUL DONATION FROM BLUE BUFFALO.
WE RECEIVE A TRACTOR TRAILER FULL OF FOOD THAT GETS DISTRIBUTED TO ALL OF THE LOCAL ANIMAL SHELTERS AND ALSO SHELTERS THROUGHOUT THE NORTHEAST.
AND WE NEED A LOT OF HELP GETTING IT OUT 'CAUSE IT'S 'CAUSE IT'S ALWAYS LOADED BACKWARDS OR THERE'S ALWAYS SOME SORT OF ISSUE.
SO THIS YEAR WE ASKED FAIL IF THEY COULD COME HELP US AND THEY SENT AN EMPLOYEE, SENT THEM FOR EIGHT HOURS
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TO COME TO OUR FACILITY WITH A FORKLIFT AND UNLOADED ALL OF OUR FOOD FOR US SO THAT WE DIDN'T HAVE TO DO IT BY HAND LIKE WE HAD IN PREVIOUS YEARS.AND NOT ONLY THAT, THE NEXT DAY WHEN WE WANTED TO REARRANGE THINGS IN THE PARKING LOT, THEY SENT HIM AGAIN TO MOVE THE PALLETS AROUND SO THAT WE COULD GET IN AND OUT OF OUR PROPERTY EASILY AND THAT THE OTHER RESCUES COULD PICK UP THERE.
AND ONE OF OUR LIGHT POSTS IN OUR PARKING LOT FELL DOWN.
AND BEFORE I EVEN WAS ABLE TO HAVE MY MORNING TEA, PHIL HAD CALLED AN ELECTRICIAN AND HAD THEM THERE THE VERY SAME DAY AND REPLACED OUR LIGHT POST AT NO COST TO US WITHOUT US EVEN HAVING TO LIFT A FINGER OR ASKED A QUESTION.
THEY REPLACED IT BECAUSE THEY DROVE THROUGH IN THE MORNING, SAW THAT A LIGHT POST HAD FALLEN AND BEFORE WE COULD EVEN DO ANYTHING, THEY HAD IT REPLACED FOR US AGAIN AT NO BUST.
AND WHEN TRUCK TRAFFIC WAS GETTING HEAVY ON SOUTH ON WAREHOUSE LANE BECAUSE OF ALL THE TRUCKS FROM COMING INTO HIS FACILITY, IT WAS PREVENTING SOME PEOPLE FROM GETTING TO THE RESCUE.
HE ACTUALLY HIRED SOMEBODY AND BROUGHT SOMEBODY IN TO DO TRAFFIC CONTROL SO THAT, NO, OUR BUSINESS WOULD NOT BE INTERRUPTED AT ALL.
AND WE RECENTLY, THIS IS A SMALL THING, BUT WE RECENTLY HAD A, A PERIMETER FENCE INSTALLED ON OUR PROPERTY.
'CAUSE WHEN DOGS GET LOOSE NOW WITH THE BIKE TRAIL, THEY CAN GO RIGHT ON TO BIKE TRAIL ONTO SAW MILL.
THERE WAS A FEW AREAS IN THE FENCE THAT, UM, HAD GAPS IN IT WHERE DOGS COULD FIT UNDERNEATH.
AND WE ASKED THEM TO COME OVER AND CONSULT AND THEY IMMEDIATELY FILLED IN THE ROCKS IN ALL THE SECTIONS WHERE THERE WAS A POSSIBLE BREACH IN THE FENCE LINE.
AND THEY FIXED THAT FOR US AGAIN, AT NO COST.
AND PUTTING OUR RELATIONSHIP ASIDE, I BELIEVE THAT WITH THE THREE BUILDINGS WE HAVE OUR, OUR FACILITY WHERE WE RESCUE DOGS AND CATS THAT ARE IN NEED OF HOMES AND THAT FOR UNWANTED THEM RECYCLING AND THEN BROOKFIELD THE SCRAPYARD AS WELL.
I THINK THE SOCIAL IMPACT OF THESE THREE BUSINESSES IN THIS LITTLE CORNER OF GREENBERG IS SOMETHING THAT GREENBERG SHOULD BE INCREDIBLY PROUD OF AND THAT GREENBERG SHOULD FIGHT TO KEEP IN BUSINESS BECAUSE THE SOCIAL IMPACT ALONE OF THE THREE OF US IS ENORMOUS.
AND I THINK IT GOES TO SHOW WHAT'S IMPORTANT TO OUR COMMUNITY.
AND I THINK THAT FAIL REALLY REPRESENTS THAT IN NOT ONLY HOW THEY CONDUCT THEIR BUSINESS, BUT HOW THEY TREAT THEIR NEIGHBORS AND THEIR COMMUNITY.
AND I WILL CLOSE BY SAYING THAT IF WE WERE TO LOSE SALE INDUSTRIES, IT WOULD BE A MASSIVE LOSS FOR THE PETS AND THE PEOPLE OF CRUS.
AM I IMPOSING ADVICE STAFF TOO COMFORTABLE? NO, I JUST, SOMETIMES I GET NERVOUS.
I CAN LIKE MOVE AROUND A THAT'S OKAY.
SO BEFORE I CONCLUDE, I'D LIKE TO DESCRIBE THE WAREHOUSE LANE COMPLEX.
IN ADDITION TO OUR RECYCLING FACILITY, THERE ARE SIX WAREHOUSES THAT ARE ACTIVE 24 HOURS A DAY, AS WELL AS THE PUG ACROSS ANIMAL RESCUE THAT HAS ANIMALS ON SITE 24 HOURS A DAY, 365 DAYS A YEAR.
THIS MORNING BETWEEN SIX AND SEVEN 30, THEIR AVERAGE IS ONE TRUCK A MINUTE, ENTERING AND EXITING THAT FACILITY DURING A RANDOM 20 MINUTE PERIOD.
WE'VE WATCHED THE FOLLOWING TRUCKS ENTERING AND EXITING THE FACILITY.
THERE WERE FOUR U P SS TRAILERS, THREE EXPO DOUBLE TRAILERS.
THE EXPO DOUBLE TRAILER SITE NEXT TO US OPERATES 24 HOURS.
'CAUSE THE DOUBLE TRAILERS GO OUT A LOT AT NIGHT.
SO THIS IS A TRUE 24 HOUR FACILITY.
THERE WERE THREE 10 FOOT CLANCY COLORED BOX TRUCKS THERE.
THERE WERE THREE 16 FOOT SERENA BOX TRUCKS THERE.
THERE WERE FIVE AMAZON VEHICLES THERE.
THE AMAZON FACILITY OPERATES 24 HOURS A DAY AS WELL.
SO THIS IS A TRUE 24 HOUR FACILITY.
THE RECYCLING OPERATING HOURS HAVE TRADITIONALLY BEEN MONDAY TO SATURDAY, 6:00 AM TO 3:30 PM AND NIGHTS UPON REQUEST.
AND THESE HOURS WERE PICKED NOT BECAUSE OUR CUSTOMER, NOT BECAUSE OF US, BECAUSE OUR CUSTOMERS AND THE INDUSTRIES THEY SERVE DICTATE THESE HOURS.
CON EDISON AND THE CONTRACTORS DOING WORK FOR CON EDISON HAVE TO GET UNCERTAIN RULES EARLY BECAUSE OF TRAFFIC OR OPERATING HOUR RESTRICTIONS.
SO THEY EXCAVATE THE MATERIAL AND THEY NEED TO DISPOSE OF IT.
AND THE FIRST TRUCKS ARE AT OUR FACILITY BEFORE 6:00 AM SOME PROJECTS ARE ONLY PERMITTED TO OPERATE AT NIGHT.
NEW YORK STATE PAID ROUTE NINE A LAST YEAR.
SO THE, THAT PROJECT WORKED WITH OUR FACILITY HERE ON WAREHOUSE LANE AS WELL AS OUR ASPHALT PLAN
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IN, IN FISHKILL TO REPAVE THAT NINE A FOUR WHEEL.SO THE CONTRACTORS USE OUR FACILITY AT NIGHT, WHETHER IT'S FOR DISPOSING EXCAVATED MATERIALS, FOR OBTAINING MATERIAL FOR THE PROJECT.
AND WE HAVE NEVER HAD A COMPLAINT FROM ANYBODY ABOUT THE HOURS.
SO TONIGHT MAD CHAIRPERSON, WE'RE ASKING THE C B A FOR THREE THINGS.
WE'RE ASKING YOU FIRST TO ALLOW THE RECYCLING FACILITY TO OPERATE WHILE A NEW SPECIAL PERMIT IS BEING APPLIED FOR THAT APPLICATION.
WENT IN AND WE GET TO SEE YOU GUYS IN TWO WEEKS ON SEPTEMBER 21ST.
WE ASK THAT YOU ALLOW THE RECYCLING FACILITY TO RETURN WITH NORMAL OPERATING HOURS OF 6:00 AM TO 3:30 PM AND NIGHTS ON REQUEST.
AT THE REQUEST OF BUILDING DEPARTMENT, WE SWITCH THE HOURS TO THE, TO THE SEVENTH, WHATEVER THE HOURS DURING THE PERMIT.
AND THIRD, WE ASK THAT YOU ADJOURN THIS MEETING AND ALLOW FAIL INDUSTRIES TO PURSUE ITS APPLICATION TO THE Z V A FOR A SPECIAL USE PERMIT.
WE HAVE A LONG AND SOLID TRACK RECORD OF MUTUAL RESPECT BETWEEN ALL OF THE GOVERNING AND REGULATING BODIES.
AFFECTING OUR PLAN, WORKING TOGETHER TO PROVIDE THE LOCAL COMMUNITY AND SURROUNDING AREA AND ESSENTIAL INDUSTRY.
THE THEY CAN RELY ON TAKING IN RECYCLED NON CONTAMINATED PRODUCTS MAIN UTILITY AS WELL AS LOCAL BUSINESSES, LARGE AND SMALL WOULD'VE NO PLACE TO SAFELY PUT THEIR RECYCLED MATTER.
IF A WORK STOPPAGE AT OUR FACILITY OCCURRED ILLEGAL DUMPING WOULD OCCUR.
AND OTHER ESSENTIAL BUSINESSES LIKE CON EDISON, CRITICAL PROCESSES THAT NEED OUR FACILITY TO UPTAKE, UPKEEP THEIR FACILITIES WOULD STOP CAUSING A RISK TO THE COMMUNITY AND THE PEOPLE OF WESTCHESTER COUNTY.
PARTNER SAFELY AND RESPONSIBLY WITH THE TOWN TO RESOLVE THIS MATTER EXPEDITIOUSLY SO THAT EVERYBODY IS COMFORTABLE.
I JUST ASK THAT WE WORK TOGETHER IN THE SPIRIT OF MOVING FORWARD, AMY COULD BELIEVE TO RESOLVE OUR DIFFERENCES BETTER UNDERSTAND EACH OTHER AND UNDERSTAND WHAT'S INVOLVED.
HAPPILY ACCEPT ANY QUESTIONS? RIGHT? QUESTION? YEAH.
UM, WHAT DOES VIRTUAL RECYCLING? SO VIRTUAL QUARRY IS A TERM THAT I TRADEMARK.
SO WE HAVE A QUARRY IN FISH EAGLE AND YOU'RE ALL WELCOME TO COME SEE IT THERE IN THAT QUARRY.
IT'S A VERY INTERESTING STORY.
YOU'VE DONE, UH, THE BUSINESS COUNCIL HAS COME UP.
IT'S A GREAT FACILITY WORTH SEEING.
AT THAT QUARRY, WE DRILL AND BLAST GRANITE.
THAT'S THE MATERIAL THAT WE USE TO BRUSH.
SO WE DRILL AND BLAST THAT MATERIAL.
WE HAUL IT TO THE MAIN PLANT AND THEN WE CRUSH IT AND WE MAKE IT UP INTO AGGREGATE PRODUCTS.
THE DIFFERENCE OF THIS FACILITY IS THAT WE DON'T DRILL AND BLAST ANY MATERIAL.
SO INSTEAD WE GET MATERIAL FROM THE CONTRACTORS OR MUNICIPALITIES FOR CONED.
TOWN OF GREENBURG'S BEEN COMING TO US SINCE WE'VE BEEN OPEN.
AND WHAT WE DO IS THAT RATHER THAN US DRILL AND BLAST THE MATERIAL TO MAKE THE PRODUCTS, THE MUNICIPALITIES AND CON EDISON AND CONTRACTORS DELIVER THE MATERIAL TO US, WE THEN CRUSH IT.
AND BECAUSE WE ARE OUR GUYS, UNLIKE MOST OTHER RECYCLED FACILITIES, WE MAKE THEM INTO RECYCLE AGGREGATE PRODUCTS.
SO I DUBBED THE, WE ARE A QUARRY, BUT WE DON'T DRILL AND BLAST THE MATERIAL.
SO I DUBBED THE NAME VIRTUAL QUARRY AND WE ACTUALLY GOT A TRADEMARK.
SO IT'S A TRADEMARK NAME, VIRTUAL QUARRY.
AND I GET A KICK BECAUSE THERE'S SOME OTHER OF OUR CUSTOMERS THAT COME UP THERE AND I TALK ABOUT OUR VIRTUAL AQUA AND THEY SHAKE THEIR HEADS AND SCRATCH THEIR HEADS.
BUT THAT IS WHERE VIRTUAL PARTY CAME FROM.
SO THAT IS THE TRADEMARK NAME OF IT.
I'LL ALSO ADMIT THE OTHER RECYCLING FACILITIES, MOST OF THOSE GUYS CAME FROM THE GARBAGE INDUSTRY.
MOST PEOPLE IN THE RECYCLING BUSINESS COME FROM THE GARBAGE INDUSTRY.
SO THEY MAKE ALL OF THEIR MONEY ON THE TIPPING FEES THEY GET WHEN THEY ACCEPT THE MATERIAL.
WE MAKE THE BULK OF OUR MONEY BY SELLING USED GOOD END PRODUCT.
ONE OF THE REASONS, YOU KNOW, WHEN WE WENT THROUGH THE, UH, DO YOU MIND IF I GIVE A LITTLE INTERLUDE? NO.
SO BACK WHEN WE FIRST GOT THE PERMIT, UH, BOB WEINBERG GOT THE PERMIT IN 2002.
WE'VE BEEN OPERATING THERE SINCE 1997.
BOB WEINBERG WAS THE ONE AT THE TIME WHO SAID, I WANT TO PUT A 10 TO 15,000 CUBIC YARD LIMIT IN THIS PERMIT.
AND THE REASON HE DID IT IS THERE WERE SOME BAD GUYS OUT THERE THAT WOULD RING MATERIAL INTO A FACILITY, COLLECT ALL THIS TIPPING FEES.
'CAUSE YOU CAN MAKE A LOT OF MONEY IF YOU'RE JUST GOING TO DUMP IT AS GARBAGE.
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THEY FILL THE FACILITY UP AND THEN THEY DISAPPEAR.SO MR. WEINBERG DIDN'T WANT THAT TO HAPPEN.
SO WE PUT IT IN AND YOU KNOW, WE DIDN'T HAVE A PROBLEM WITH THAT.
WHEN WE FIRST STARTED THE FACILITY.
WE HAD ONE MACHINE AND ONE PERSON ON THE SITE.
WE HAVE 13 PEOPLE ON THAT SITE.
WE RECYCLE 68% OF THE MATERIAL IN WESTCHESTER COUNTY.
SO THE ONLY REASON THE PILES GOT BIG IS BECAUSE WE'RE RECYCLING SO MUCH STUFF FOR THE INFRASTRUCTURE.
THE INTERESTING THING, UM, OR IS THAT NONE OF THE FINISHED PRODUCT PILES WE HAVE.
UM, AND SO WHEN MATERIAL COMES IN, IT COMES INTO OUR SITE.
IT'S CLASSIFIED AS A WASTE BY THE V E C.
WE PILE IT UP AND DOES THE PILE GET ABOVE 30 FEET? IT DOES.
THERE'S A 50 FOOT HIGH ROCK WALL THERE.
THE MATERIAL GETS PILED AGAINST THAT SITE.
THE REASON THE MATERIAL GETS HIGH, THE INCOMING MATERIAL GETS HIGH, IS THAT WE CAN'T CONTROL WHEN THE INCOMING MATERIAL COMES IN.
IF A PROJECT'S GOING ON, LIKE WHEN THEY DEMOED THE, THE WHITE PLAINS MALL, THE OLD WHITE PLAINS MALL GOT DEMOED THERE.
THEY BROUGHT ALL THE CONCRETE TO OUR FACILITY.
THEY DEMO THAT MOLD IN TWO WEEKS.
SO ALL OF A SUDDEN YOU'RE GETTING 25,000 TONS OF MATERIAL ARE COMING TO YOU IN TWO WEEKS.
'CAUSE THAT'S THE SCHEDULE OF THE CONTRACT.
SO WHAT DO WE DO? WE PILE IT UP AND THEN MATERIAL MIGHT NOT COME IN FOR A WHILE, THEN WE BRUSH THAT MATERIAL AND WE MAKE IT INTO RECYCLED PRODUCTS AND SHIP IT OUT.
WELL, AND IRONIC, WE GOT MATERIAL FROM THE WESTCHESTER MALL THAT WAS BEING KNOCKED OUT.
WE RECYCLED IT AND SHIPPED IT UP TO REGENERON THAT WAS BUILDING THE STATE-OF-THE-ART FACILITY UP
SO WE ARE, IT'S A REALLY COOL ESSENTIAL INDUSTRY AND I WOULD ENCOURAGE ALL OF YOU TO COME DOWN AND SEE IT AND ASK ME ANY QUESTION.
I WORK WITH THE ENVIRONMENTAL GROUP.
I HAVE A VERY GOOD RELATIONSHIP WITH SENA HUDSON, WHO ENDORSED OUR PAR EXPANSION IN FISH NEW YORK.
I HAVE A VERY GOOD RELATIONSHIP WITH HUDSON HIGHLANDS LAND TRUST AND I WANT TO CONTINUE THAT RELATIONSHIP HERE.
ANY OTHER QUESTIONS FROM THE BOARD? IT ACTUALLY SAYS IN THE, UM, SPECIAL PERMIT THAT YOU ARE ALLOWED TO GO FROM 10,000 CUBIC FEET UP TO 15,000 CUBIC FEET.
UM, I GET WITH AN UNDERSTANDING THAT THERE IS A FLUCTUATION OF WHAT COMES IN AND WHAT GOES AT CORRECT.
AND HOW LONG IT TAKES FOR YOU TO BE ABLE TO DO THAT.
UM, SO ARE YOU SAYING THAT YOU EVEN GO BEYOND 15,000 CUBIC YARDS ON OCCASION UP TO NOW? WE HAVE UP TO NOW.
ONCE WE RECEIVE, THEN WE, WE HAVE RECEIVED NOTICES OF VIOLATION A NUMBER OF TIMES.
WE'VE NEVER RECEIVED AN ACTUAL VIOLATION.
THEY'VE NEVER GONE MORE THAN WE RECEIVE A NOTICE.
WHAT TYPICALLY HAPPENS IS SOMEONE GOES DOWN THE BIKE PATH, SEES THE MATERIAL, AND SAYS, OH, THIS LOOKS UNSAFE.
SO THE BUILDING INSPECTOR COMES OUT, HE LOOKS AT IT AND GOES, WHOA, YOUR PILES ARE TOO HOT.
AND IT'S USUALLY THE PILES THE ISSUE.
SO THEY GO KNOCK THE PILES DOWN AND WE SPEND THE NEXT DAYS AND WHATNOT, KNOCKING THE PILES DOWN, GETTING 'EM LOW.
THEY COME OUT AND DO ANOTHER INSPECTION.
I MEAN, WE WILL WORK REALLY HARD TO LIST.
UM, THEY COME OUT AND DO ANOTHER INSPECTION AND GO, AWESOME.
THE REASON THE QUANTITY ENDS UP BECOMING MORE IS IF YOU THINK OF OUR FACILITY, THINK OF IT LIKE A BATHTUB.
WE HAVE MATERIAL COMING IN THAT'S THE EXCAVATED MATERIAL THAT COMES IN THAT IS A, CLASSIFIED AS A SOLID WASTE BY NEW YORK STATE D V C.
IT EITHER COMES TO US OR IT GOES TO A LANDFILL.
AGAIN, IF YOU'RE WORKING ON A PROJECT, YOU'RE DRILLING AND BLASTING ROCK, THE DRILLING AND BLASTING PORTION OF, SAY THE REGENERON PROJECT THAT LASTS FOR TWO OR THREE MONTHS AND THEN IT'S DONE FOR A WHILE.
SO YOU GET A LOT OF, GET A BIG SURGE OF INCOMING MATERIAL THAT YOU HAVE TO TAKE WHEN IT COMES.
'CAUSE I CAN'T DICTATE WHEN IT COMES.
THAT IS LIKE THE, THE FAUCET ON THE BATHTUB.
THE INCOMING MATERIAL COMES IN THE SITE IS THE BATHTUB AND THE ROCK IS THE, IS IN THE BATHTUB.
AND IF YOU THINK OF THE BATHTUB AS HAVING A DIVIDER, ONE HALF OF THE BATHTUB CONTAINS THE ROCK.
THAT IS THE INCOMING MATERIAL.
WE HAVE TO TAKE IT WHEN IT COMES.
WE STILL AT TIMES TELL PEOPLE, YOU CAN'T COME IN.
AS WE CRUSH THE MATERIAL, IT BECOMES A,
[00:30:01]
AN AGGREGATE PRODUCT.A RECYCLED AGGREGATE PRODUCT THAT CAN BE SOLD BACK OUT AND USED IN THE COMMUNITY.
AND WE SUPPLY A LOT OF MATERIAL TO THE VILLAGES OF ALL THE VILLAGES IN THE TOWN OF REVER, THE TOWN OF REVER, THE STATE, THE NEW YORK STATE D THE CITY D E P.
WE'VE SUPPLIED STUFF AROUND THE RESERVOIRS FROM THERE.
SO THIS MATERIAL IS HIGH QUALITY AGGREGATE PRODUCTS THAT ARE GOING OUT THERE RATHER THAN GOING TO, UH, A UH, UH, A LANDFILL.
THE OTHER REALLY COOL THING ABOUT THIS IS THAT THE TRUCKS, THE GREENBERG TRUCKS DON'T COME TO US TO GET THE MATERIAL.
THEY EITHER GO NORTH TO QUARRY UP IN DUTCHESS COUNTY, WHICH IS 50 MILES AWAY, OR THEY GO ACROSS THE TAPAN SEA BRIDGE INTO ROCKLAND COUNTY TO ONE OF THE TILON PARKS.
SO WE ARE A REALLY FULL ESSENTIAL PLACE IN THE MIDDLE OF THIS AREA, SURROUNDED WITH CRO AND THE BROOKFIELD GUYS THAT WE FIT IN THERE.
SO THAT'S, THAT'S WHY WE HAVE THE BATHTUB.
THAT'S WHY THE MATERIAL GOES HIGH.
BECAUSE WE HAVE TO GET IT WHEN WE CAN.
UM, WE APPRECIATE YOUR CANDOR MM-HMM.
OUR JOB IS THE LEGALITY OF THE PURPOSE AND, AND ALL, ALL OF THAT.
SO IF ANYTHING YOU SAY, IT'S NOT THAT WE'RE ATTACKING WHAT YOU DO OR, SO MY QUESTION IS A COUPLE OF THINGS IN YOUR CANDOR THAT YOU'VE SAID IS THAT YOUR HOURS OF OPERATION DON'T MATCH THE VARIANCE THAT YOU WERE GIVEN.
NOR DO THE PILES ALL THAT YOU'VE MENTIONED THAT YOU'RE LOOKING FOR A REVISED.
MAYBE THAT MEANS TAKE THE WRONG
UM, WILL THOSE INCLUDE THOSE REVISIONS? YES.
THE PRO LOOK, I WILL BE HONEST, IF WE WERE TO SIT HERE TONIGHT, I'D SAY TAKE THAT EXISTING PERMIT YOU HAVE, CHANGE THE HOURS ON IT, CHANGE THE HEIGHT OF THE PILES AND THE QUANTITY.
AND WE CAN CLARIFY THE ASPHALT LANGUAGE, BUT JUST FOR THE RECORD ON THIS, THE, AS THERE WAS AN ISSUE ABOUT, UH, IS ASPHALT A PETROLEUM CONTAMINATED PRODUCT? IT IS NOT BY THE D E C DEFINITION.
WE ARE NOT ALLOWED TO TAKE IN PETROLEUM CONTAMINATED PRODUCTS AS WELL AS ANY OTHER HAZARDOUS MATERIAL.
WE CAN ONLY TAKE UNCONTAMINATED ROCK, CONCRETE, CONCRETE PRODUCTS, ASPHALT, ASPHALT, MILLINGS, AND MIXED LOADS.
SO THAT'S WHAT WE TAKE IN AND THAT IS WHAT WE APPLIED FOR.
AND WE ARE COMING BEFORE SEPTEMBER, 2014, FIRST TO PRESENT AND THE FOLKS EARLIER.
THAT IS WHEN YOU GET A PROJECT LIKE RIPPING DOWN THE MALL AND YOU KNOW WHAT'S GONNA COME IS SOMETHING THAT'S GONNA VIOLATE YOUR PERMIT.
HAVE YOU EVER REACHED OUT TO THE TOWN AND SAID, LOOK, I'M GONNA HAVE THIS TWO WEEK PERIOD BECAUSE OF THIS PROJECT.
CAN YOU GIVE ME A LITTLE LEAD? HAVE YOU, HAVE YOU EVER DONE THAT? AND, AND WHAT I DID, AND, AND I THINK I SAID THIS ON THE, OH, SO WE FIRST HAD A ZOOM MEETING WITH THE TOWN OFFICIALS WHEN, WHEN THIS FIRST OCCURRED.
WHEN, WHAT, WHEN, WHEN WE FIRST GOT THE STOP WORK ORDER ON JUNE, AFTER MY DISCUSSION, UH, JULY.
JULY WITH SUPERVISOR FINER, HE, WE SPOKE TO THE BUSINESS COUNCIL.
THEY CALLED A MEETING OF TOWN OFFICIALS AND US, UM, TO TRY TO SEE IF WE COULD WORK THIS THING OUT, START TO SEE WHERE EVERYONE STAYED.
AND I WAS VERY CANDID, IT WAS MY FAULT FOR NOT INTRODUCING MYSELF TO THE NEW BUILDING INSPECTOR, THE NEW ENGINEER, THE NEW TOWN ATTORNEY AND THE DEPUTY TOWN ATTORNEY.
THAT IS A HUNDRED PERCENT MY FAULT.
AND I APOLOGIZE TO EVERYONE AT THAT MEETING.
WE'VE HAD GREAT RELATIONSHIP WITH THE LAST THREE BUILDING INSPECTORS, TO BE PERFECTLY HONEST.
MAYBE WE GOT TOO COMFORTABLE WITH EACH OTHER, UM, WHERE I PROBABLY SHOULD HAVE COME IN EARLIER AND MODIFIED THE PERMIT.
WE ALWAYS HAD A GOOD WORKING RELATIONSHIP AND WE DIDN'T, WHICH I GET, WE HAVE.
THAT'S WHY NOW WE HAVE NO PROBLEM CHANGING EVERYTHING.
AND I WANT YOU GUYS TO BE HAPPY WITH WHAT'S GOING ON HERE.
BUT IT WASN'T A LACK OF, OF, THERE WAS NO DECEITFULNESS OR ANYTHING HERE.
AND THE INSPECTORS THAT HAVE COME OUT, YOU KNOW, WE SAW THE FACILITY AND I ALWAYS WORKED TOGETHER TO MAKE SURE THAT THE TOWN OF REEF WERE GOOD SHAPE AND PROTECTED.
I'LL ALSO SAY REGARDING THE HEIGHT, THE, THE PILES AND THE QUANTITIES.
SO PEOPLE DIE IN OUR INDUSTRY, RIGHT? WHEN YOU HAVE AN ACCIDENT, WE HAVE HEAVY EQUIPMENT, PEOPLE DIE.
SO WE STRIVE VERY, VERY HARD TO BE SAFE.
[00:35:01]
ALL OF MY EMPLOYEES, THE ONLY THING THAT MATTER IN OUR INDUSTRY IS SAFETY AND THE ENVIRONMENT.THE REST DOESN'T MAKE A DIFFERENCE REGARDING SAFETY.
WE BRING OUTSIDE INSPECTORS INTO THIS FACILITY, ALL OF OUR FACILITIES ONCE A MONTH TO CONDUCT A MOP, MSHA OR OSHA INSPECTION.
MY FACILITY, MY GUYS HAVE PHENOMENAL SAFETY RECORDS.
OUR WORKMAN'S COMP RATES ARE SOME OF THE LOWEST, UH, IN THE INDUSTRY BECAUSE WE ARE VERY SAFE AND I TAKE CARE OF EMPLOYEES.
I REALLY, I'VE, EVERY JOB THEY'VE DONE OUT THERE, I'VE DONE MYSELF PERSONALLY.
SO I WOULD NEVER ASK AN EMPLOYEE TO DO ANYTHING THAT I HAVEN'T DONE.
AND I WOULD NEVER TREAT AN EMPLOYEE ANY WAY LIKE I, UNLESS I WOULD WANT TO BE TREATED THAT WAY.
SO WE REALLY ARE VERY, WE WORK ON THE SAFETY AND AND WELLNESS OF THE EMPLOYEES IS THE MOST IMPORTANT THING AT TAIL INDUSTRIES.
UM, I HAPPEN TO KNOW WHAT OSHA MEANS.
I DON'T KNOW WHAT AM SO SSHA, SO THERE'S TWO AGENTS, TWO GROUPS THAT, THAT MONITOR US.
OSHA IS THE OCCUPATIONAL SAFETY AND HEALTH ASSOCIATION.
SSHA IS THE MIND SAFETY HEALTH ASSOCIATION.
SO SSHA IS JUST FOR WORRIES AND RECITE AND FACILITIES LIKE US.
WE GET MHA INSPECTIONS TWO TO THREE TIMES A YEAR ALL THE TIME.
AND, AND THE ONLY WAY YOU CAN PERFORM WELL WITH AN MHA INSPECTION IS YOUR EMPLOYEES HAVE TO HAVE THE MINDSET THAT IF I SEE SOMETHING WRONG, I'M GONNA FIX IT OR I'M GONNA REPORT IT SO WE CAN GET IT FIXED.
AND WE HAVE PHENOMENAL SAFETY RECORD FOR REDEMPTION.
DO YOU WANT TO TALK TO THE PEOPLE AT ALBANY? WE, I MEAN WE, WE REALLY WE'RE THE POSTER CHILD OF, OF REALLY WORKING SAFE.
I WOULD LIKE TO, UM, ASK, HAVE YOU CONSIDERED SOME ULTIMATE STRATEGIES FOR WINE WITH THE HEIGHT OF THE PILES SUCH AS ONE PERHAPS EXTENDING THE BATHTUB AND TWO, PERHAPS MAKING INSTEAD OF JUST ONE PILE, TWO PILES OR THREE PILES.
I DON'T KNOW THE EXACT SQUARE FOOTAGE OF YOUR SITE, BUT PERHAPS MAYBE INSTEAD OF JUST HAVING A PILE IN ONE CENTRAL LOCATION WHERE IT IS IN VIOLATION, MAYBE HAVE TWO OR PERHAPS BUILDING A, A HOLE, SOME SORT OF LIKE A BASEMENT OR SOMETHING THAT WOULD HELP YOU COMPLY TO THE, UH, THE GUIDELINES.
HAVE YOU CONSIDERED ALTERNATE STRATEGIES FOR TRYING TO RESOLVE WHAT APPEARS TO BE AN ONGOING ISSUE? AND ESPECIALLY SINCE YOU DON'T KNOW WHEN, UH, A PROJECT IS GOING TO GIVE YOU SUCH A LARGE AMOUNT OF MATERIAL THAT YOU THEN HAVE TO BREAK DOWN? YEAH, THAT'S A GREAT QUESTION.
PART OF THE CHALLENGES OF THAT FACILITY, AND THAT'S A REALLY WELCOME EVERYONE TO COME OUT.
WE ARE ON A 14 ACRE SITE OF WHICH WE ARE OCCUPIED, OCCUPYING TWO AND A HALF ACRES OF IT.
THE OTHER 12 AND A HALF, 11 AND A HALF ACRES IS SOLID ROCK.
THERE'S MORE THAN 2 MILLION TONS OF ROCK ON THAT SITE AND IT'S NOT ACCESSIBLE.
THIS SITE, AGAIN, HISTORY OF THE SITE.
UM, THIS WAS SUPPOSED TO BE THE SEVENTH, UH, WAREHOUSE BUILT IN THAT FACILITY.
THERE'S SIX OTHER WAREHOUSES THERE.
UM, WHEN THE LANDLORD, MR. WEINBERG ORIGINALLY BUILT THE FACILITY FOR A FEDEX FACILITY, THE DEAL ENDED UP FALLING THROUGH FACILITY, SAT BLANK, SAT EMPTY FOR A NUMBER OF YEARS.
AND THAT'S WHEN WE GOT TOGETHER WITH MR. WEINBERG AND STARTED.
AND LOOK AT FIRST IT WAS FINE.
THE PROBLEM NOW IS THAT THERE'S SUCH A DEMAND FOR RECYCLING AND TO STOP SENDING WASTE TO LANDFILLS THAT WE'RE, WE'RE A VICTIM OF OUR OWN SUCCESS.
I'M GONNA INTERRUPT ONE SECOND.
UM, AND JUST ON THE REQUEST, WE KNOW THESE QUESTIONS I THINK ARE GREAT AND, AND WE WANT ANSWER THEM.
WE'LL ANSWER SOME WE'LL 'EM, TONIGHT WE ARE PROCESSING THE OTHER APPLICATION FOR THE AMENDED SPECIAL PERMIT ON THE 21ST.
PERHAPS THEY'RE BETTER ANSWER.
AND WE, WE APPROVE, WE ONE ANSWER TONIGHT TOO, ON THE 21ST.
THAT'S WHAT GLEN'S REQUEST TO ASK.
IF WE COULD ADJOURN TONIGHT TO KEEP THE STATUS QUO AS IT IS.
BUT YOU'RE STILL ASKING US TO ESSENTIALLY STOP.
WELL, SO, SO IF WE WERE TO DO THAT AND THEN WE MEET ON THE 21ST, CAN YOU OPERATE WITHIN, WHAT IS IT THE EXISTING USE PERMIT? 'CAUSE YOU'RE AT, 'CAUSE YOU'RE NOT OPERATING IN THOSE HOURS, GO BACK AND OPERATE IN THOSE HOURS.
CAN YOU KEEP THE PILES TO THAT PIPE? 'CAUSE 'CAUSE YOU'RE ASKING US TO DO THAT AND ADJOURN, BUT THEN YOU'RE ASKING US ESSENTIALLY TO GIVE YOU PERMISSION TO OPERATE OUTSIDE.
OKAY, SO THE PERMIT, SO LET ME CLARIFY IF I CAN, AND AGAIN, DIAL UP NOT A LAWYER.
[00:40:01]
DOWN.ALL THE PILES ARE UNDER 30 FEET RIGHT NOW.
IS THERE 10,000 YARDS, 15,000 YARDS? IT'S DOWN A LOT.
I WOULD GO THERE AND SAY THE SITE'S SAFE.
I COULD GO THERE AND AND STATE THERE'S LESS THAN 15,000 YARDS THERE.
UM, REGARDING THE HOURS I WOULD ASK THAT JUST ALLOW TO DO, DONE FOR 26 YEARS AND MAYBE WE'RE TURNING AN EYE, I DON'T KNOW WHAT THAT IS.
UM, THE ONE THING I WOULD SAY TO THE CHAIRPERSON, WE WERE NEVER GIVEN A VIOLATION.
WE WERE GIVEN A NOTICE OF VIOLATION THAT STATES BUILDING DEPARTMENT HAS REASON TO BELIEVE THERE MAY BE A VIOLATION.
WE WERE NEVER GIVEN A HEARING DATE.
AND THEN WE WERE GIVEN A STOP WORK REPORT THAT I BELIEVE IS UNDESERVING.
THAT MAY NOT BE THE LEGAL TERM.
I WOULD ASK THAT YOU CAN LOOK AND SAY, OKAY, THERE'S QUESTIONS ON BOTH SIDES ABOUT THIS.
MAYBE WE CAN JUST ADJOURN THIS 21ST AND LET US COME IN AND MAKE THE PRESENTATION FOR THE SPECIAL PERMIT.
AND I'LL TELL YOU ONE THING NOW 'CAUSE I SEE YOUR 21ST AGENDA IS VERY BUSY.
I WILL ANSWER ANY QUESTIONS YOU HAVE THIS EVENING TO SHORTEN OUR TIME WHEN WE'RE GONNA DO DISCUSSIONS BECAUSE I
AND IF YOU WANT TO COME TO THE SITE PRIOR TO THEM, I'LL GIVE YOU A TOUR.
YOU CAN SPEAK TO ALL OF OUR EMPLOYEES.
YOU, I WILL LET YOU DO WHATEVER YOU WANT TO DO, MAKE YOU COMFORTABLE WITH OUR FACILITY.
AND, AND THEN WITH THOSE REQUESTS OF, YOU SAID THE 30 FEET IS DOWN, MOVE THE, UM, THE CUBIC GUARDS EXPLAINED.
UM, THE OTHER CONCRETE, THE ASPHALT ARE NOT TAKING IN.
WE, WE STOPPED TAKING ASPHALT IN.
AND I WILL SAY OF THE FACILITIES THAT TAKE IN ASPHALT, YOU'RE THE ONLY ONE THAT OWNS AN ASPHALT PLANT.
SO OUR STUFF COMES IN, BRING IT TO OUR FACILITY IN FISH GI BRIAN DID IT UP AND IT GOES BACK INTO THE ROADWAYS THERE.
SO THAT IS NOT A PRODUCT THAT'S USED AS WASTE PRODUCT, ANYTHING.
AND THEN, AND THEN THE UM, THE OTHER, ONE OTHER ISSUE IS THE 25 FEET WAS ONE OF THE ISSUES WE WERE TOO CLOSE TO CAUSED CROSSING THAT HAS BEEN REMOVED AND TAKEN CARE OF.
SO YOU THINK ALL THE ISSUES THAT STEP FROM ARE THERE OR ON THE CUBIC GUARDS CLOSE TO THERE, BUT SAFE.
THERE'S BEEN A COUPLE OTHER VIOLATIONS, I DON'T KNOW IF YOU'VE SEEN THAT WE HAVE TO SUBMIT PERMANENT APPLICATIONS FOR.
WE ARE PROCESSING THOSE THAT'LL BE LIKELY IN TOMORROW FOR THE BUILDING PERMANENT AND ELECTRICAL PERMIT AND A PLUMBING PERMIT, WHICH WILL BE IN VERY SOON.
AND THEN, UM, LA LASTLY, I THINK THERE WAS THE, OH, THE, THE STORMWATER RUNOFF.
WE WOULD WORK WITH THE HEAD ENGINEER.
I KNOW WE'RE NOT, OUR ENGINEER AND HIM ARE NOT ON THE SAME PAGE YET.
BUT WE HOPE IN THE, IN THE NEXT WEEK OR TWO IT WILL BE.
BUT IT WOULD, WE WANNA WORK, WORK WITH THE TOWN AND WE THINK, YOU KNOW, THAT THE, THE STAY WOULD REMAIN IN EFFECT, UM, THAT IT, THAT IS AUTOMATIC UNDER THE LAW UNTIL THE 21ST.
AND YOU KNOW, WE, WE WE'RE, WE'RE MAKING EVERY EFFORT TO COMPLY.
WE HAVE A NICE MEETING YESTERDAY OUT OF SITE WITH TOWN STAFF.
SO, YOU KNOW, WE, WE THINK THAT THE, THE, YOU KNOW, JONES, HOWEVER THE TOWN IS NOT ACCEPT OUT JURY.
WE'D LIKE THE OPPORTUNITY TO SPEAK TO.
I'M SORRY, DO THAT ALSO INTRODUCE YOURSELF OF COURSE.
'CAUSE WE HAVE NO IDEA JOSEPH DANKO TOWN SPEAK AFTER.
I JUST WANNA POINT OUT, SINCE YOU MENTIONED TOWN STAFF.
NO, WE DID HEAR FROM THE TOWN STAFF TODAY IN AN EMAIL THAT'S, YOU KNOW, WE'RE NOT GONNA QUOTE THEM, PUT THEM ON THE RECORD RIGHT NOW.
BUT WE, WE WILL CONTINUE AND WANNA CONTINUE WORKING WITH THEM.
I THINK WE, WE ALL WANNA DO THAT AND WE THINK IT COULD LEAD TO A, A, A GREAT FACILITY.
AND YOU GUYS ASK THESE QUESTIONS LIKE YOU SAID, AND IS MORE SPACE.
WHAT CAN WE DO TO MAKE SURE THE PILES ARE LOWER, WHERE'S AT 30 FEET AND WE GET 35 FEET, WHICH WILL BE DISCUSSED ON THE 21ST.
WE'VE WORKED WITH THE TOWN IN THE NEXT TWO WEEKS AND WE'LL BE BACK, BUT ALSO ANSWER ANY QUESTIONS TONIGHT AND GO THROUGH ALL THE LEGAL AGENT FOR GLAD TO DO SO.
UH, THIS TOOK A LOT OF STUFF TO READ A VERY SHORT PERIOD OF TIME.
AND I REMEMBER SEEING SOMEWHERE, I'VE BEEN TRYING TO FIND IT AGAIN THAT REGARDLESS OF WHAT HAPPENS TONIGHT, YOU HAVE EVERY INTENTION OF STARTING OPERATIONS UP AGAIN.
SO WE'VE BEEN, IS THAT TRUE OR AM I MISTAKEN? WE'VE BEEN OPERATING SINCE WE MADE THE APPEAL TO THE ZONING BOARD ON AUGUST 8TH.
SO WE HAVE BEEN OPERATING THAT'S ALLOWED UNDER THE LAW.
THERE'S A PROVISION UNDER THE LAW, THE TOWN LAW 360 7, THE STATE LAW, ONCE THE APPEAL GETS FILED, THERE'S AN AUTOMATIC STAY.
THAT'S WHY WE'VE BEEN, HOW WE'VE BEEN OPERATING.
AND ONCE WE HAVE STARTED OPERATING AGAIN, THEY BROUGHT THE PILES DOWN RIGHT AWAY TO TRY TO GET COMPLIANCE TO WHAT THE TOWN STAFF WANTS.
AND WE'RE PRETTY MUCH ON THE GOAL LINE TO GETTING THERE.
[00:45:01]
STOPPED TAKING AN ASPHALT AT THE REQUEST OF THE TOWN.UM, I I DO WANT TO ADDRESS SOIL EROSION CONTROL FOR A MINUTE IF I PUT, SO WE ARE AN INDUSTRIAL SITE FACILITY.
WE HAVE A NEW YORK STATE D E C STORM WATER POLLUTION FENCE, UH, POLLUTION ION PER BANK.
THE D E C HAS THREE TYPES OF STORM WATER PERMIT.
THEY ISSUE, THEY ISSUE A, AN MS FOUR PERMIT THAT THE TOWN OF GREENBURG ACTUALLY HAS.
THEY ISSUED MUNICIPALITIES ABOUT THEIR STORM WATER.
THEY HAVE INDUSTRIAL FACILITY S THAT'S WHAT WE HAVE.
AN INDUSTRIAL FACILITY PERMIT IS A PERMIT ON AN INDUSTRIAL SITE.
SO IT IS NOT A CONSTRUCTION SITE FOR THEM.
WE DON'T SUBMIT WHAT WE'RE DOING TO THE D B C OR TO ANYBODY ABOUT WHAT WE DO.
IT IS OUR JOB TO BEST PRACTICES TO MAINTAIN THAT SITE PROPER BOAT PERFORMANCE AT ALL TIMES.
WE TAKE REGULAR SAMPLES WATER OFF THE SITE THAT WE SEND TO THE D E C.
A DIFFERENCE BETWEEN A CONSTRUCTION SITE PERMIT VERSUS A AN INDUSTRIAL SITE PERMIT IS SET ON A CONSTRUCTION SITE.
THEY DETAIN A LOT OF WATER SPIT ON THE SITE DIFFERENT WITH OUR FACILITY.
THEY KNOW THAT WE CAN'T DO THAT.
SO OUR FACILITY GOES OFF THE SITE.
WE HAVE STONE FILTERS UP THERE, WE HAVE FILTER FABRIC THERE.
WE HAVE ALL DIFFERENT WAYS SO THAT THE, THE SILT IS REMOVED FROM THE WATER AS BEST POSSIBLE BEFORE IT LEAVES THE SITE.
OUR JOB IS TO MAINTAIN, IS TO SAMPLE THE WATER AT THE DISCHARGE FACILITIES OF THE SITE.
WE HAVE A DISCHARGE FACILITY AT THE NORTH END AT THE INTERSECTION OF WAREHOUSE LANE.
WE HAVE A DISCHARGE FACILITY AT THE SOUTH END BY PAUSE CROSSED, WE SAMPLE THE WATER THERE.
THAT WATER GOES INTO TWO CATCH BASINS.
THE WAY THE CATCH BASINS WORK IS THERE'S A SUB IN THE CATCH BASINS, MEANING THAT THE PIPE, THAT OUTLET PIPE IS HIGHER THAN THE BOTTOM OF THE CATCH BASIN.
AND THE REASON THAT'S THERE IS THE WATER GOES INTO THE CATCH BASIN AND SOLIDS OR WHAT IT'S SUPPOSED TO SETTLE DOWN IN THERE AND THE WATER, UH, LEAVES THE, THE SITE FROM THE, FROM THE, THE PIPE THAT'S ABOVE THE BOTTOM OF THE CATCH BASE.
THOSE SUMPS TYPICALLY GET CAUGHT.
WE HAVE NOT HAD TO DIG OUT THAT FACILITY THIS YEAR.
SO DESPITE THE STORM THAT WE HAD THAT CAUSED THIS SHUTDOWN ON JULY 17TH, WE HAVE NOT CLEANED THAT STUFF OUT, WHICH TELLS ME OUR STORM ORDER PROTECTION PLANS ARE DOING THE RIGHT THING.
SO I THEN WAS CONCERNED, OF COURSE, ONCE WE GOT THE STOP WORK ORDER AND WE WERE TOLD ABOUT THE PROBLEM, I TOLD THE D E C, RIGHT? BECAUSE I WANT TO BE THE BEST IN CLASS AT WHAT WE DO.
I SPOKE TO THE HEAD OF PERMITS, JOHN PETRONELLA IN NEW PALTZ, AND I SPOKE TO NATALIE BROWN WHO'S IN CHARGE OF THE STORM WATER, UM, POLLUTION PREVENTION PLANT WHO SAID IN TAR TOWN.
AND I HAD A CONVERSATION WITH BOTH OF THEM AND I SAID, WOULD YOU LIKE TO COME TO THE SITE? I SAID, PLEASE COME.
THEY SAID, NO, YOUR SITE IS OKAY.
I SAID, UM, IS THERE ANYTHING WE CAN DO? THEY SAID, NO, YOUR SITE IS, YOU'RE GOOD.
YOU KNOW, WE ARE IN COMPLIANCE.
I HAVE A VERY GOOD WORKING RELATIONSHIP WITH EVERYBODY FROM THE D E C.
SO AGAIN, THOSE GUYS, I DON'T WANNA SAY LIKE WE'RE PEOPLE NATIONAL, THE ANSWER TO A HIGHER AUTHORITY, BUT D E C IS, THOSE GUYS ARE TOUGH.
AND THE REASON THEY TAKE RESPONSIBILITY FOR INDUSTRIAL SECTOR PERMITS IS MOST MUNICIPALITIES DON'T HAVE THE CAPACITY TO HANDLE THESE PERMITS.
OUR PERMIT'S A 250 PAGE PERMIT WITH REGULAR REPORTING REQUIREMENTS THAT WE DO IN THE D E C.
SO THAT'S THE TYPE OF PERMIT WE HAVE.
SO THEY HAVE THE MUNICIPAL PERMITS THAT YOU HAVE, THEY HAVE THE INDUSTRIAL PERMITS THAT WE HAVE.
THE THIRD PERMIT THEY HAVE IS A CONSTRUCTION SITE PERMIT, WHICH IS VERY SIMILAR TO THE PERMIT, THE STORMWATER PERMIT THAT THE TOWN OF GREENBURG HAS.
IT HAS A START DATE AND A STOP DATE.
THE REGULATIONS TO TO THE, THE END USE REGULATIONS ARE DIFFERENT, RIGHT? THEY'RE REQUIRED TO DETAIN THE WATER ON SITE.
THEY KNOW THAT THE WATER'S GONNA LEAD THE SITE.
WE HAVE TO MAKE SURE THE WATER IS CLEAN AND IT LEADS THE SITE WE'VE TAKEN AFTER THAT.
I'VE GOT PICTURES AND VIDEOS FROM EVERY STORM AFTER THAT.
AND I WILL TELL YOU, I WILL MAINTAIN, I HAVE FOUR KIDS OUTTA MY KIDS.
[00:50:01]
THAT.THE, THE, THE WHAT THAT THE REPORT SAYS, THE, THE THE THE WATER AND THE, THE FACILITIES AND THE SILTING UP SOUTH OF US, YOU KNOW, DOWN BY THE TEAMSTERS FACILITY.
AND I LOVE ANYONE TO COME OUT DURING THE RING AND TAKE A LOOK.
ANYTHING ELSE? JUST, UM, THE, THE WHOLE STORMWATER SYSTEM WE SAW OBVIOUSLY, YOU KNOW, ALONG THE WAY THE STILL BUILDS UP.
SO I CAN UNDERSTAND WHY IT WOULD OR WOULD NOT HAVE FAILED.
YOU KNOW, THEY'RE SAYING THAT BUILDINGS DEPARTMENT SAYS IT
HOW OFTEN IS IT CHECKED? SUMUP CHECKED ALL THE TIME.
SO WE HAVE A PER JESSE LAZADA ONSITE HERE IS, UH, TRAINED BY THE D E C AS A SOIL AND EROSION CONTROL EXPERT.
RIGHT? SO HE GETS LICENSED, GETS RID OF EVERY THREE YEARS.
UM, WE LOOK AT THAT FACILITY AFTER EVERY STORM 'CAUSE WE ARE RESPONSIBLE TO REPORT THE D E C AFTER EVERY STORM.
IS THERE A PROBLEM WITH THE FACILITY? SO AS SOON AS I CALLED, I SAW A PROBLEM THAT THERE WAS A POTENTIAL, I CALLED THE DC RIGHT AWAY AND SAID COME OUT.
I'D RATHER NOT GET INTO ANY OF, I CAN GET INTO MORE DETAILS OF THAT AS FAR AS THE MAINTENANCE GOES.
SO WE HAVE A SWEEPER THAT'S ON SITE THAT WORKS ALL THE TIME ON THE ROAD TO, TO PICK UP ANY MATERIAL THERE.
WE, THE WAY OUR FACILITY WORKS, IF THERE'S SILT IN THE WATER WHEN IT'S ON OUR SITE AND IT LEAVES THE SITE CLEAN, THAT SILT HAS TO GO SOMEWHERE.
SO WHERE DOES IT GO? IT GOES IN THE SWALE, IT GOES ALONG THE ROOF.
IT GOES IN THE, THE STONE ON THE ROOF.
WE END UP CLEANING THAT SILT UP AND WE'RE LUCKY WE TAKE IT.
AND WHAT DO WE DO? WE PUT IT BACK INTO THE INCOMING MATERIAL PILE AND WE BAKED SUBS OUT OF IT OR SOMETHING.
SO WE ARE A TOTAL SELF-POLICING FACILITY THERE.
WE CAN ATTEST THAT'S HAPPENED VERY
THE FACILITY, THE, THE EXIT PLACE IS RIGHT NEAR THE BOSS CROSS FACILITY.
SO IF YOU COME DOWN THERE AND THEY SEE, OH, IT LOOKS LIKE THERE'S SILT IN THE SWALE OR ON THE ROAD LIKE THERE IS BECAUSE IT'S NOT GOING OFF THE SITE.
EXPLAIN WHAT YOU MEAN BY THE ROAD.
SO THE ROAD, SO THE ROADWAY AT OUR FACILITY.
DO YOU GUYS HAVE THE PICTURE THERE? OR IF YOU LOOK AT THE FACILITY, THAT'S THE ROAD.
THERE'S, WE HAVE A, YEAH, YOU CAN LOOK THAT ROAD TOO.
SO THIS ROADWAY HERE THAT GOES, THAT GOES DOWN, THAT IS PART OF OUR OFFICIAL SITE.
OUR SITE GOES UP ACROSS ACTUALLY THE BIKE TANK.
WE DO A SHARE PLAN AND SHOW THIS ON THE SURE.
THIS THE ROAD, THAT'S THE ROAD RIGHT THERE.
HERE'S THE ROAD SO THAT OUR SITE, YOUR POINT YOU THINK ABOUT, UH, I HAVE A SURE IT WORKS.
OUR SITE HAS TWO DISCHARGE POINTS.
THE FIRST IS RIGHT UP HERE AT THE INTERSECTION OF WAREHOUSE LANE, SOUTH WAREHOUSE LANE.
THE SECOND, IT'S RIGHT DOWN HERE.
JUST THIS IS THE, THE CONTAINERS ON BROOKFIELD.
IT IS JUST BETWEEN, JUST BETWEEN THE, THE MAIN WAREHOUSE LANE ROAD AND THE BIKE PATH.
THERE ARE TWO CATCH BASINS, 95%.
AND THE, THE HIGH POINT ON THE SITE IS RIGHT ABOUT 5% THAT WE ESTIMATE OF THE WATER FLOWS OFF TO THE NORTH.
THAT WATER'S CLEAN BECAUSE MOST OF THE WATER GOING TO THAT PART OF THE SITE COMES FROM UP HERE.
I WILL SAY WE GOT OUT THERE AND THE TOWN WAS CONCERNED THAT WATER WAS LEAVING THE SITE FROM THE NORTH WAS, WAS LEAVING THE SITE FROM THE NORTH, COMING HERE, GOING INTO THE X P O FACILITY AND SLOWING INTO THE SAWMILL RIVER.
I SAID LOOK, I SAID I DON'T THINK THAT'S WHAT'S GOING ON.
AND I'M A CIVIL, MY BACKGROUND, I'M A CIVIL ENGINEER.
I'VE STUDIED SOIL AND EROSION CONTROL MY ENTIRE LIFE.
I DIDN'T THINK THAT WAS WHAT WAS GOING ON.
BUT I SAID TO THE TA, I SAID, WE WILL FIX THIS IF THAT'S WHAT YOU BELIEVE.
WE CAME UP HERE, WE INSTALLED 400 FEET OF JERSEY BARRIER
[00:55:01]
ALONG THIS AREA.I PUT FILTER FABRIC BEHIND IT WITH STONE IN THE FILTER FABRIC TO FILTER ANY WATER THAT WOULD COME ONTO THE ROAD FROM THAT NORTH END OF THE PROPERTY AND INSTALL IT ALL THE WAY DOWN TO THE NORTH DISCHARGE PARK DISCHARGE POINTS IN BLUE AND THE AND THE JERSEY BARRIERS IN RED THERE OR ARE THEY STILL PRETTY
JERSEY BARRIER GOES OVER HERE.
I WENT UP TO THAT DISCHARGE POINT AFTER ALL THE STORM WE HAD AFTER THAT AND TOOK PICTURES.
BUT I SAY THAT THERE'S ZERO WATER ENTERING OUR SITE, THE NORTH OFF THAT HILL.
NOW THERE IS WATER THAT ENTERS, LEAVES OUR SITE FROM THE NORTH, BUT THAT WATER IS THE WATER THAT COMES, THAT HITS THE ROAD.
REMEMBER THE ONE THING ABOUT OUR FACILITY, OUR FACILITY IS NOT AN IMPERVIOUS AREA.
THE WHOLE THING'S PERVIOUS, RIGHT? IT IS.
AND SO THE WATER, THE BULK OF THE WATER GOES DOWN FROM OUR FACILITY.
SO I DON'T, UNLIKE A PARKING LOT IF ALL THE WATER RUNS OFF.
PART OF OUR, OUR DESIGN IS THAT THE WATER GOES DOWN THROUGH THE GROUND AND INTO THE GROUNDWATER.
BUT WE HAVE THE FACILITY, THE PIECE UP NORTH THAT WE DO THE SECOND EAST DOWN SOUTH, WHICH IS RIGHT BY THIS, THIS POINT, THIS IS WHERE THE SECOND FACILITY IS.
AND IF YOU ZOOM IN, YOU CAN PROBABLY SEE THAT MIGHT BE IT.
THAT LITTLE DOT MIGHT BE THE UH, THE DISCHARGE POINT.
THERE'S A CATCH BASE THERE AND IT'S, IT'S RIGHT ON OUR FACILITY.
IT'S LIKE RIGHT ON THE BORDERLINE OF OUR THINGS.
AND WE GO THERE, WE CLEAN, WE CLEAN THE ROAD, WE CLEAN THE SWALE, WE CLEAN THE AREA DOWN THERE AFTER ALL THE STORMS. 'CAUSE THAT'S WHAT WE HAVE TO DO.
WE HAVE TO GET, IF THE WATER'S DIRTY ON OUR SITE AND IT LEAVES CLEAN, THAT SILT HAS TO GET DEPOSITED SOMEWHERE.
AND THAT'S WHAT WE CLEAN UP AFTER THE STORMS. THAT'S WHY IT'S DIFFERENT THAN A CONSTRUCTION SITE FOR DAY.
THAT'S WHY A CONSTRUCTION SITE, US GETTING A CONSTRUCTION SITE PERMIT, IT'S NOT THE RIGHT PERMIT FOR US.
IT'S LIKE ASKING THE, THE, THE TOWN OF GREENBURG TO GET AN INDUSTRIAL FACILITY PERMIT.
IT'S NOT A, YOU GUYS NEED AN MS FOUR PERMIT.
WE HAVE AN INDUSTRIAL FACILITY PERMIT.
UM, YOUR SITE, 14 ACRES, THERE'S THE WHOLE SITE HERE IN YELLOW.
YEAH, IT'S 14 AND A HALF ACRES.
WE ARE ON THIS PIECE HERE, WHICH IS ABOUT TWO AND A HALF ACRES OR SO.
SO THE, UH, THE THE OTHER 11 AND A HALF ACRES YOU SAID WAS SOLID GRANITE.
THERE'S TOP TYPICALLY ON THESE SITES, UM, THERE'S TOP SOIL ON TOP OF THE ROCK, RIGHT? THERE'S TREES THERE.
SO TREES DON'T GROW HOMET ON ROCKS.
SO THERE'S, THERE'S TOP SOIL ON IT, BUT AS SOON AS YOU GO DOWN, NOT THAT FAR.
IN ORDER TO TAKE THE ROCK OUT THERE, THERE'S 2 MILLION TONS OF ROCK THAT HAVE TO COME UP.
SO THERE'S, SO THAT'S, THAT'S A LOT.
THAT WATER HAS TO GO SOMEWHERE THERE, THE WATER.
NOW I DO, I DO AGREE THAT, UH, THAT THE PILES OF, UH, STUFF THAT YOU HAVE THERE IS A VERY GOOD FILTERING.
UH, THE PRODUCT ITSELF WHEN IT RAINS, GOES THROUGH ALL THE FOLDERS AND THE BRUSH MATERIAL THAT YOU CREATE.
AND THAT HELPS TO FILTER IT ALL BY ITSELF.
BUT THEN YOU HAVE 14 ACRES OF, UH, THE REST OF YOUR PROPERTY, EVEN THOUGH YOU HAVE ENOUGH SOIL ON IT FOR TREES TO GROW.
ONCE IT GETS TO THE GRANITE, IT HAS TO GO SOMEWHERE AND THEN IT FLOWS.
WHAT I GUESS TO THE SAWMILL RIVER, THAT NOT CORRECT.
SO THE, THE WATER, I CAN'T SPEAK.
I MEAN THE WATER ON THE, THE, LET'S CALL IT THE WOODED PART OF THE SITE, RIGHT? SOME GOES DOWN THE GROUND SATURATED, YOU KNOW, THE WATER OBVIOUSLY FLOWS, RUNS ON TOP.
THE BULK OF THE WATER FROM OUR SITE LEAVES FROM THE SOUTH END.
UM, WHICH WHERE WE SAMPLE IT, WE DO SAMPLES AT BOTH THE NORTH END THOUGH.
I MEAN THERE, WHEN I SAY THERE'S NO WATER, AFTER ALL THE STORMS SINCE THAT BIG, WE'VE BEEN THERE, WE'VE LOOKED AT IT.
HAVE YOU EVER SEEN WATER LEAVING FROM THE NORTH TOP? OUR THERE? NO.
THE ONLY WATER THAT LEAVES FROM THE NORTH COMES FROM THE ROAD.
IT JUST TRAVELS DOWN THE ROAD.
WE HAVE SWEEPERS ON THE ROAD AT DOUBLE, THERE'S A PICTURE IN YOUR PACKET OF THE ROAD DIRT AND I, A HUNDRED PERCENT THAT WAS ON US.
SPEAKER BROKE THE, THE SWEEPER BROKE DOWN.
SHAME ON US FOR NOT GETTING A RENTAL SWEEPER THAT DAY.
BUT THAT DIRT ON THE ROAD A LITTLE IS NOT CAUSING THE FLOODING.
ALRIGHT? BUT, UH, ANOTHER POINT IS THAT, UM, PAUL'S IDEA WAS EXCELLENT.
YOU KNOW, IT CAN'T GO UP THEN WHY DON'T YOU GO
[01:00:01]
DOWN AND MAKE YOUR BACK LARGER MM-HMM.BUT OF COURSE YOU'RE SOLID GRANITE.
SO UNLESS YOU DO SO, A LOT OF BLASTING, YOU REALLY CAN'T DO THAT.
AT LEAST NOT VERY COST EFFECTIVELY.
AND THE PROBLEM TOO THEN BECOMES A LOGISTICAL PROBLEM BECAUSE LET'S HYPOTHETICAL AND I'M, I I LOVE TALKING, EXPLAIN THIS.
IF LET'S SAY WE DRILL AND BLAST THE ROCK, RIGHT? FIRST, THAT'S GOOD.
I HAVE SOME ROCK THAT PRESSURE.
BUT THEN ONCE WE EXCAVATE, IT'S A REALLY SMALL SITE.
SO THE PROBLEM IS ONCE WE EXCAVATE THE MATERIAL DOWN, I START GETTING NERVOUS, RIGHT? 'CAUSE NOW WE'VE GOT HOLES ON THE SITE, AND I THINK IF YOU COME OUT AND WE LOOK AT IT, IT, IF THE SITE WERE A LOT BIGGER, I THINK IT'S A POSSIBILITY.
WE ARE REALLY, I MEAN, WE ARE AT THE LIMIT.
I PHYSICALLY CAN'T DO ANY MORE WORK ON THE SITE.
AND I HAVE, YOU KNOW, I, I'VE GOT, I'M FORTUNATE THAT WE OPENED ANOTHER FACILITY IN MONTROSE SQUARE BECAUSE WE HAVE SUCH DEMAND.
UM, BUT THIS FACILITY IS A REALLY SPECIAL, SPECIAL SITE HERE.
OKAY? UH, WELL, UH, JESSE WILL TELL YOU THAT CHRISTIE AND I WERE ACTUALLY OUT THERE.
SO WE DID SEE OH, SO YOU SAW, SO YOU'VE SEEN, YEAH, WE SAW THE LINE THAT'S THIS, UM, INDICATES WE AT 30 FEET IS THAT'S PRETTY TALL.
UM, SO I ALSO SAW THAT ARE NOW DOWN BELOW THAT LINE.
IT'S NOT JUST ONE BIG MOUNTAIN.
THERE'S A LOT OF MOUNDS OF STUFF.
IS THERE SOMETHING THAT DIFFERENTIATES BETWEEN GARBAGE AND LET'S SAY SANITATION? WHEN YOU SAY GARBAGE, WHAT DO YOU MEAN? SO I DON'T SAY GARBAGE.
I SAY WASTE AND IT AND EASY TERMS. SO AGAIN, I'M NOT, I'M NOT TRYING TO BE A WISE GUY HERE WITH THIS.
SO WHEN STUFF IS EXCAVATED FROM THE GROUND IN NEW YORK, IT'S CONSIDERED A WASTE.
THE BOTTOM LINE OF THE REGULATIONS ARE IF YOU LEAVE IT ON SITE, IT'S YOUR OWN HOUSE OR LEAVE IT ON SITE, IT'S NOT CONSIDERED A WASTE PRODUCT.
ONCE IT LEAVES THE SITE, IT IS CONSIDERED A WASTE PRODUCT.
IT NEEDS TO BE DISPOSED OF APPROPRIATELY.
WHERE THIS CAME FROM IS, THERE WERE GUYS IN NEW YORK CITY THAT WERE SELLING THIS REALLY NICE BLACK DIRT, TOOK HOMEOWNERS ON LONG ISLAND, SAID, OH, THIS FREE TOPSOIL WE'RE USING HERE.
THAT THAT STUFF THEY WERE EXCAVATING IS ACTUALLY FULL LASH, FULL FIRE POWER.
AND THEY'D MIX IT IN AND THEY'D SELL IT TO THESE HOMEOWNERS WHO THOUGHT THEY WERE BUYING TOPSOIL.
THEY WERE REALLY BUYING COAL ASH.
A BUNCH OF PEOPLE WERE ARRESTED.
I MEAN THERE WAS SOME BIG INVESTIGATIONS INTO IT.
THAT'S WHEN NEW YORK STATE FINALLY SAID, STOP ANYTHING THAT COMES OUTTA THE GROUND, CONSIDERING A SOLID WASTE TILL YOU TURN IT INTO A NON WASTE PRODUCT.
OUR FACILITY DOES THAT DEFINITION OF IT IS, IS THAT THESE, THESE EXCAVATED PRODUCTS THAT ARE WASTE AND WE HAVE DIFFERENT PILES THERE.
THE ROCK AND CONCRETE ARE THE TWO BIG PILES BY THE FACILITY.
NOT SINCE THE STOP WORK ORDER.
PRIOR TO THE THANK YOU, THE LAWYER, NO.
PRIOR TO THE STOP WORK ORDER, THEY WERE 50 FEET HIGH.
WE UM, WE HAVE, SO WE HAVE ROCK CONCRETE ASPHALT THAT WE DON'T HAVE NOW AND WE HAVE MIXED LOADS.
MIXED LOADS IS CONED MATERIAL.
CONED BECAUSE OF THE CONSTRAINTS ON THE, ON IN THE STREET.
THEY, THEY, THEY SAW CUT A TRENCH.
WE GET, TYPICALLY THERE'S ASPHALT ON TOP OF A CONCRETE ROAD ON TOP OF SUBBASE, ON TOP OF DIRT.
YOU'RE THE ONLY FACILITY THAT ACCEPTS MIXED LOADS FROM CON EDGE.
WHAT WE DO, UNLIKE THE OTHER FACILITIES, MOST OF THE OTHER, MOST OF THE OTHER FACILITIES ARE GARBAGE GUYS.
SO THEY GET IT IN, THEY JUST CRUSH IT INTO SOMETHING.
DIDN'T YOU JUST USE THE WORD GARDEN? NO, THEY DO, BUT THEY ARE GAR.
YOU OKAY? DO NOT HEARING THE QUESTION.
MR.
THE OTHER, THE OTHER, THE OTHER RECYCLING FACILITIES ARE RUN TRADITIONALLY BY PEOPLE FROM THE SANITATION.
WE ARE NOT, WE ARE A QUARRY COMPANY THAT GOT INTO THE RECYCLE BUSINESS.
THAT'S WHY I BELIEVE WE ARE SO SUCCESSFUL.
ARE YOU ALLOWED TO ACCEPT M MSS W NO.
WE ARE ALLOWED S NO, WE ARE ONLY ALLOWED TO
[01:05:01]
ACCEPT EXCAVATED MATERIALS THAT INCLUDE ROCK, CONCRETE, CONCRETE PRODUCTS, ASPHALT, ASPHALT, MILLINGS AND MIXED LOADS.WE ARE NOT PERMITTED TO ACCEPT DIRT.
THAT WAS ONE OF THE THINGS THAT WE DO NOT ACCEPT DIRT.
SO TO TELL YOU THE TRUTH, I DO UNDERSTAND THAT YOU AREN'T ACCEPTING MUNICIPAL.
AND ALL I WAS ASKING FOR YOU TO DO WAS EXPLAIN WHY YOU USED THE WORD GARBAGE, WHEN IN FACT IT IS WASTE.
AND IN CASE YOU ARE USING THIS, THE WORD GARBAGE AND WASTE.
OKAY, SO YOU EXPLAINED IT TO ME.
OH, I JUST ONE, CAN YOU JUST CLARIFY ONE MORE TIME ABOUT THE ASPHALT? SURE.
SO WHEN THE ASPHALT COMES IN, YOU WERE ACCEPTING ASPHALT, BUT NOW YOU DON'T ACCEPT THE ASPHALT.
MAYBE NOT IN THE VERY BEGINNING, BUT OVER THE PREVIOUS 26 YEARS WE HAVE ACCEPTED ASPHALT.
AND I CAN GIVE YOU ALL THE QUANTITIES.
AND WE ACCEPTED DECEMBER, I THINK WE ACCEPTED 26,000 TONS OF ASPHALT.
THAT ASPHALT COMES TO THE FACILITY.
WE TYPICALLY DON'T PROCESS ASPHALT AT THAT FACILITY 'CAUSE WE'RE TOO BUSY WITH PROCESSING THE ROCK AND CONCRETE AND OTHER PRODUCTS.
WE TAKE THE ASPHALT, WE PUT IT INTO A TRUCK THAT GOES UP TO OUR ASPHALT PLANT AND DUMPS IT THERE IN FISH GILL, THEY CRUSH AND PROCESS THE ASPHALT INTO A RECYCLED ASPHALT PRODUCT.
MOST OF WHICH THEN GOES BACK INTO OUR ASPHALT PLANT AND GETS PUT INTO THE ROADS AS ASPHALT.
SO THIS FACILITY THOUGH, IS NOT PERMITTED ASPHALT THE SPEC.
IT'S A GRAY AREA BECAUSE ASPHALT AGGREGATE PRODUCTS, RECYCLED AGGREGATE PRODUCTS INCLUDE ASPHALT.
I DIDN'T WANT TO GET INTO AN ARGUMENT OR YOU KNOW, A, A FIGHT ABOUT IT.
I SAID LOOK, WE'LL CLEAN IT UP IN THE NEW PERMIT.
WHAT IT IS, A RECYCLED ASPHALT AND ASPHALT PRODUCTS IS NOT PETROLEUM CONTAMINATED.
AND THAT'S VERY CLEAR IN THE D E C 'CAUSE NEITHER YOUR PERMIT NOR THE D E C PERMIT PERMITS US TO TAKE IN ANY CONTAMINATED PRODUCTS OR ANY PETROLEUM CONTAMINATED PRODUCTS, INCLUDING PETROLEUM CONTAMINANT MADE IN SOIL AND AGGREGATE ASPHALT WAS NOT THAT.
SO A, A ASPHALT FROM THE CITY STREET WOULD HAVE PETROLEUM PRODUCT IN IT.
SO ASPHALT IS ON IT FROM ALL THE CARS GOING OVER.
SO ASPHALT FROM ASPHALT IN THE, IN THE ROADWAY, LET'S SAY, AND WE CAN TALK, FORGET THE STUFF ON THE ROAD AND WE CAN COVER THAT IN A SECOND.
ASPHALT IS THE VERY BOTTOM OF THE CRUDE OIL PRODUCT.
AFTER THEY DISTILL OFF THE JET FUEL AND THE PRO AND EVERYTHING ELSE, THEY'RE LEFT WITH THIS PRODUCT.
ASPHALT THAT AT ROOM TEMPERATURE IS A SOLID, OUR AS ASPHALT, WHEN YOU PUT IT ON A ROAD IS HEATED UP TO 300 DEGREES.
IT BECOMES FLOWABLE AT THAT POINT.
SO THAT ASPHALT THAT WE ACCEPT IS THE SOLID ASPHALT FROM THE ROADWAY.
MIGHT THERE BE SOME PETROLEUM ON TOP IF THERE WAS AN OIL SPILL THERE? MAYBE.
BUT THE DC'S PRETTY GOOD ABOUT CLEANING EVERYTHING UP.
I MEAN, THERE'S, THERE'S NOT A LOT OF, WE DON'T, WE DON'T ACCEPT ANY PETROLEUM CONTAMINATED PRODUCTS AT ALL.
AND I'VE HAD PEOPLE THAT TRY TO SNEAK IT IN, WE'LL LOAD IT BACK IN THEIR TRUCK AND TELL 'EM GET OUT.
WE DO NOT ACCEPT THAT THAT IS NOT ALLOWED AT OUR FACILITY DISCUSSION.
I WORKED TO NEW YORK CITY TRAFFIC.
WE'VE BEEN OVER 28 TO 20 YEARS.
THEY, IT RAINS, THEY'RE COVERED WITH PETROLEUM.
SO THE ASPHALT'S GONE NOW, AND THAT CAN BE DISCUSSED ON THE 21ST.
WE'D LOVE TO AGAIN, WE'LL MAKE, YOU KNOW, WE CAN GET, WE GET A LOT OF LEGALESE TO GO TOO HERE TONIGHT.
AGAIN, WE MAKE THE REQUEST I UNDERSTAND HAS OBJECTION AND WE WANT TO HEAR FROM THEM AGAIN TO TURN TONIGHT TO THE 21ST.
WE MAINTAIN THE STATUS QUO, WE KEEP THE PILES DOWN, WE MAKE SURE THE STORM WATER'S WORKING.
WE'RE NOT GONNA BE 25 FEET NEXT TO ANY PROPERTY LINE.
THE
AND, AND WE ADJOURN TO THE 21ST.
NOW WE CAN GO THROUGH ALL THE, ALL THE THINGS THE 21ST.
SO IT'S 35 FEET OR 30 FEET, WHATEVER IT IS, WE'LL WORK WITH YOU THAT, BUT THIS IS BACK TO WHERE THE STOP ORDER IS.
WHERE IS THE DRAIN IN RELATION TO LIKE THIS ROAD WHERE,
[01:10:01]
SO WHERE DOES ALL THAT SILT? IT RAINS.SO SILTS GONNA GO SOMEWHERE THIS SILT AND IT LOOKS LIKE IT'S ON THE OTHER SIDE OF THE BARRICADE.
SO THIS SILL, THIS IS, THIS IS THAT LOCATION SITE UP.
I'LL SHOW YOU WHERE THAT, WHERE DOES THIS DRAIN GO? THIS DRAINS INTO OUR FACILITY.
THIS IS THE ENTRANCE TO OUR FACILITY.
THIS IS, UH, THAT HERE, RIGHT HERE, THAT SITE, THAT PICTURE IS TAKEN RIGHT HERE.
RIGHT? THAT, SO RIGHT ON THIS AT THE DRAIN COMING IN, THAT, THAT ROADWAY YOU'RE LOOKING AT, YOU ARE LOOKING INTO OUR FACILITY.
SO WAREHOUSE LANE SITS DOWN HERE.
YOU IDENTIFY WHERE, WHAT THAT IS A PICTURE OF WHERE IN YOUR MATERIAL THAT IS EXHIBIT A, EXHIBIT B.
THAT'S THE, UM, THAT'S, THIS IS, THAT'S THE BUILDING INSPECTION BUILDING INSPECTOR.
SO EXHIBIT WHAT THAT NEEDS TO BE EXPLAINED FOR THE RECORD ON EXHIBIT TWO.
ACTUALLY AS PART OF THE MEMORANDUM OF THE BUILDING INSPECTOR, ONE OF THE EXHIBITS ATTACHED TO THAT, WE DID NOT INCLUDE THAT
OH, THAT WAS ATTACHED TO THE, UH, YEAH, THAT WAS THE NOTICE OF NON-RENEWAL ALSO AS EXHIBIT.
WHAT, WHAT IT SAY WHO THIS IS EXHIBIT EXHIBIT TWO.
SO EXHIBIT TWO TO OUR INITIAL SUBMISSION DATED AUGUST 8TH, 2023 INCLUDES A LETTER OF JULY 24TH, 2023, WHICH IS A NOTICE OF DONOR AND IT'S ATTACHED THAT DOCUMENT AS EXHIBIT TWO.
NO, SORRY, AS IT'S NOT A NUMBER DOCUMENT EXHIBIT TWO TO THE AUGUST 8TH LETTER AS ONE OF THE PHOTOS, UH, UNDER THAT DOCUMENT.
NO, CORRECT MY LETTER, BUT IT'S THE JULY 24TH.
AND I UNDERSTAND, SO MY LETTER'S AUGUST 8TH, 2023.
EXHIBIT TWO WAS JULY 24TH, 2023.
ONE OF THE PHOTOS ATTACHED TO THAT.
BUT THOSE PHOTOS CAME FROM THE BUILDING INSPECTOR.
THEY WERE PART OF THE BUILDING INSPECTORS.
NO, WE APPRECIATE, SORRY, I KNOW THE TOWN DOES NOT WANT TO ADJOURN TO THE 21ST.
UM, WE WOULD LIKE TO, WE COULD GO THROUGH A LOT OF, UH, THE LEGAL ARGUMENTS NOW, BUT WE WANT TO HEAR THAT ISSUE FIRST AND WHETHER WE'D LIKE YOU TO CONSIDER THAT FIRST.
I'D LIKE TO HEAR FROM THE TOWN AT THIS POINT.
WELL, WE DO HAVE A LOT OF LEGAL STUFF TO ADDRESS TOO, THAT WE HAVE NOT YET ON END.
THAT'S PART OF OUR LETTERS, BUT WE'D LIKE TO ADDRESS THE AJOUR ISSUE FIRST IF THAT'S POSSIBLE.
I MEAN, WE MAY AS WELL HEAR EVERYTHING AT THIS POINT.
I MEAN, BECAUSE YOU'RE NOT GONNA HAVE THAT MUCH TIME ON THE 21ST.
I UNDERSTAND
AND THIS IS ANOTHER SECONDARY ISSUE THAT WE HAVE.
UM, THE, THE STOP WORK ORDER AND IF THINGS ARE POSITIVE ON THE 21ST ON THE EVENT OF THE SPECIAL PERMIT, WHETHER THEY, THE HEIGHTS, IF WE GOT EVERYTHING WORKED OUT WITH THE TOWN ENGINEER, IF WE HAVE THE BUILDING PERMIT AND THE ELECTRICAL PERMIT, PLUMBING PERMITS ALL IN PLACE, AND WE THINK THAT'S A POSITIVE DIRECTION.
AND THEN WE'RE GONNA GET INTO THE, THE NITTY GRITTY OF, YOU KNOW, HOW HIGH CAN THE, CAN THE, UH, THE PILES BE, HOW MUCH C B YARDS Q YARD CAN BE TAKEN.
THINGS LIKE THAT WILL BE THE, THE FOCAL POINT OF THAT DAY.
THERE'S A LOT OF LEGAL LEADS TODAY.
WE'VE BROUGHT IN, SUBMITTED IN OUR PAPERS AMONGST EIGHT THAT, THAT WE DIDN'T THINK, WE DON'T THINK THAT BILL EXPECT.
IT HAS THE AUTHORITY UNDER YOUR TOWN CODE TO ISSUE THE STOP FOR QUARTER.
WE UNDERSTAND THAT, BUT WE'VE RAISED THE ISSUE WITH RESPECT TO, YOU KNOW, WHAT IT IS YOU ULTIMATELY WANT.
SO WE'RE TRYING TO SEE WHERE WE ARE.
CAN WE JUST SEE IF YOU UNDERSTAND THE ISSUE ON, ON UNDER THE UNDER SECTION 100, YOUR CODE THAT'S IN OUR LETTERS.
YOU KNOW, WE, WE'VE TRIED TO WALK THROUGH EVERYTHING WE POSSIBLY CAN TO GO, UM, TO ADDRESS ALL THE ISSUES, BUT WE, WE WOULDN'T KNOW, YOU KNOW, THAT THE, THE, THE SPEEDY ONE OF THE, THE TWO ISSUES FOR THE, FOR THE STOP WORK PART.
NUMBER ONE, OUR FIRST ISSUE IS THEY DON'T HAVE AUTHORITY TO ISSUE THE
[01:15:01]
STOP WORK UNDER YOUR CODE.AIR CODE SPECIFICALLY TALKS ABOUT STOCK CONSTRUCTION.
YOU KNOW, HUNTER, THAT'S A HUNDRED, UM, DASH 10 A A HUNDRED DASH 10 B A HUNDRED DASH 10 B SPECIFICALLY CITED IN A STOP WORK ORDER, SAYS
AND THAT MAKES SENSE THAT CONSTRUCTION WORK THAT VIOLATES, UH, OR IS DANGEROUS NEEDS TO BE STOPPED.
IT HAPPENS EVERY MUNICIPALITY IN NEW YORK STATE AND IN THE COUNTRY.
YOU DON'T HAVE THAT SITUATION.
WE HAVE AN ONGOING FACILITY THAT'S, THAT'S OPERATING PURSUANT TO A SPECIAL PERMIT.
NOW, THE SPECIAL PERMIT ALSO, THERE WAS ALLEGED VIOLATIONS TO SPECIAL PERMIT A HUNDRED BEING, I CAN READ IT FOR YOU IN THE STOP WORK ORDER.
I'M READING FROM THE STOP WORK ORDER ISSUED UPON RECEIPT OF A STOP WORK ORDER, ALL WORK, ANY BUILDING OR STRUCTURE OR ANY EXCAVATION GRADIENT OR FILLING OPERATION REFERRED TO THEREIN TO IMMEDIATELY BE STOPPED.
THAT'S A CONSTRUCTION OF A BUILDING OF FACILITY, NOT AN ONGOING INDUSTRIAL OPERATION THAT IS PERMITTED BY THE TOWN ALREADY.
THE TOWN HAS MADE THE ARGUMENT, NO, YOU HAVE TO LOOK AT A AND B DIFFERENTLY, A AND B DON'T WORK TOGETHER, BUT THEY'RE BOTH IN THE STOCK WORK ORDER AND CLEARLY, UH, ARE ARE LIMITED TO CONSTRUCTION SITE.
YOU CAN'T HAVE THE BUILDING INSPECTOR COME IN ON DAY ONE AND SAY, YOU'RE OPERATING A FACILITY OF BUSINESS, YOU GOTTA SHUT DOWN.
IF THERE'S A HEALTH RISK, YOU GOT A HEALTH DEPARTMENT ISSUE.
OBVIOUSLY THE COUNTY DEALS WITH THAT.
IF YOU HAVE A CONSTRUCTION ISSUE WHERE BUILDINGS CAN FALL DOWN AND HURT PEOPLE, THAT'S WHEN THE STOP WORK ORDER WOULD APPLY.
AND THAT'S WHAT YOUR CODE ADDRESSES.
UH, YOU KNOW, WE DEALT WITH THE EROSION CONTROL ISSUES TOO, WAS ONE OF THE ISSUES THAT THE STOP WORK ORDER WAS ALLEGEDLY ISSUED AND LIVE.
THE SPECIAL PERMIT WAS NOT RENEWED.
NOW WE WOULD KNOW THAT THE, WE ARE OPERATING UNDER THE D C SPEEDIES PERMIT.
WE BELIEVE THAT'S OUR PERMIT FOR, FOR 20 SOMETHING YEARS.
IT OPERATED THROUGH THAT PERMIT.
NEVER HAD A PERMITABLE ACCOUNT EVER, OR, OR STORM WATER CONTROL.
NOW THE PATENT ENGINEER MAY WANT CONDITIONS ON A NEW PERMIT, WHICH IS FINE.
WE WILL WORK WITH THE TOWN TO DO THAT AND MAKE SURE THAT THINGS THAT, THAT WE'RE NOT HAVING ANY
WE THINK WE'RE COMPLYING WITH THAT NOW, IF HE THINKS WE'RE NOT, OUR ENGINEER HAS BEEN IN MANY DISCUSSIONS AND WE WILL WORK WITH THEM GOING FORWARD, BUT THAT'S NOT A REASON TO SHUT US DOWN BECAUSE THERE MAY BE SOME ISSUE THAT AN ENGINEER THINKS THIS SILT GOING SOMEWHERE WHEN THE D E C WHO'S TERMINATING US DOESN'T THINK SO.
NO ONE'S ACTUALLY VIOLATED US.
ONE OF THE OTHER ISSUES, YOU KNOW, THERE WAS THE COMMENT IN THE, UM, IN THE, UH, UH, LETTER OF JULY 24TH OF NOTICE OF NON-RENEWAL THAT WE'RE OVER 30 FEET.
THERE'S ALSO THE COMMENT IN THE NOTICE OF VIOLATION SAYS WE'RE A HUNDRED FEET FILES OF PIPE.
NOW THAT, THAT WE'VE PUT IN OUR LETTER, I DON'T KNOW IF YOU, YOU LOOKED AT THE ISSUE A SUBMISSION SO I COULD SHOW IT ON THE, UH, ON THE SHARE SCREEN.
WE WERE NEVER CLOSE TO A HUNDRED FEET.
A HUNDRED FEET WOULD BE AT THE TOP OF THOSE.
SO I'LL SHOW YOU IN THE, UH, COMPUTER.
SO A HUNDRED FEET WOULD BE PRETTY TALL.
AND I HAVE A, UM, A RENDER WITH SHORT A SORT OF HELP YOU LOOK AT THAT.
CAN YOU SEE THAT ONE HERE? SO THERE, THERE WERE SOME SUBMISSIONS TOO THAT HAD, UM, UH, THE ACTUAL OUTLINE IN RED.
SO IF YOU SEE APPROXIMATELY HERE, THE TOP OF THOSE TREES ARE A HUNDRED, A HUNDRED FEET.
THESE ARE THE PHOTOS THAT WERE SUBMITTED BUILDING INSPECTOR OR NOWHERE NEAR THE TOP OF WASTE TREES.
THERE IS A, A, A LIGHT POLE IN ONE OF THE PHOTOS THAT'S 30 FEET TIGHT, WHICH WE NOW HAVE COMPLIED WITH.
IT'S ON A DIFFERENT ANGLE A LITTLE BIT, BUT IT'S WELL BELOW TOP TO THAT.
I WOULD SAY IT'S, BUT YOU WERE OUT ON THE SITE.
COULD SEE THE FILE
SO I WANTED TO BRING THAT TO YOUR ATTENTION.
[01:20:01]
ONE THING ON THAT A HUNDRED FOOT PILE.THERE'S A NATURAL ANGLE OF POSE OF STONE.
STONE IS NOT LIKE THE TWIN TOWER THAT GOES STRAIGHT UP.
A HUNDRED FOR A PILE WOULD BE A HUNDRED FEET TALL.
THAT PILE WOULD BE OVER THE DRIVEWAY, OVER OUR TRAILER, OVER THE BIKE PATH AND END UP IN BROOKFIELD'S PROPERTY.
SO IF THERE WAS NO A HUNDRED FOOT PILE SITE, WE WENT THROUGH THIS.
BUT QUICKLY THE NOTICE OF NON-RENEWAL INDICATED THE GREATER THAN 10,000 YARDS.
WE BROUGHT THAT DOWN UNDER, AROUND THE PERMIT REQUIREMENTS OF 15,000.
THE HEIGHTS DOWN, OTHER ROCK AND CONCRETE.
WE DISAGREE ON THE ASPHALT ISSUE, UM, WITH 10 ON THAT.
BUT, BUT THAT WAS REMOVE THE ASPHALT FROM THE SITE.
SO THAT'S NOT AN ISSUE TEMPORARILY, TEMPORARILY, UNTIL WE PROCESS OUR PERMIT, WHICH WE WILL SEEK TO HAVE ASPHALT AND DISCUSS THAT WITH YOU ON THE 23RD.
AGAIN, WE'RE NOWHERE NEAR THE 25 FEET TOO, AND THERE'S NO, UH, UH, NEED.
WE DON'T, WE DON'T ACTUALLY DIDN'T KNOW WHAT THE 25 FOOT, UH, EXCUSE ME, THE STEEP SLOPE PERMIT REQUEST WAS FOR IN THE, IN THE VIOLATION.
IT'S NEVER EXPLAINED TO US WHAT THAT ISSUE WAS.
BOTTOM LINE IS THAT WE WANNA WORK WITH, WE WANNA WORK WITH THE E P A TO MAKE FAIL, CONTINUE TO BE, UH, YOU KNOW, POSITIVE IN THIS COMMUNITY.
UM, AND WE LOOK FORWARD TO CONTINUE TO WORK FOR THE TOWN, WITH THE TOWN.
AND IN THE MEANTIME, WHAT OUR INITIAL REQUEST WAS, LET'S JUST ADJOURN THIS TO THE 21ST AND WE'LL SEE WHERE WE GO ON THE AMENDMENT TO THE SPECIAL PERMIT.
BUT ULTIMATELY WE WANT PEOPLE REQUESTING THAT THE APPEAL, OUR APPEAL BE GRANTED, THEN WE CONTINUE TO OPERATE UNDER THE EXISTING SPECIAL PERMIT.
YOU KNOW, THE EXISTING SPECIAL PERMIT.
THERE WAS SOME COMMENTS IN THE, IN THE LETTER OF, UH, SPOKE STOP SHARE.
THERE, THERE WERE SOME COMMENTS IN THE, UM, SORRY ABOUT THAT.
PROBABLY THERE WERE SOME COMMENTS IN THE LETTER TOO OF, OF, OF MR. MARTO ON, ON AUGUST, UH, 28TH OF, UM, THAT, THAT WE DIDN'T HAVE, UM, THE TOWN BUILDINGS INSPECTOR GRANTING AND RENEWALS.
WE HAD TWO RENEWALS FROM 2020 AND 2021 THAT WERE GRANTED TO US.
I SPOKE TO THE BUILDING INSPECTOR PREVIOUS, UH, TWO, TWO BUILDING INSPECTORS AGO WHO NOW THE DEPUTY IN, UM, YORKTOWN.
I SAID, WERE THERE ANY ISSUES THAT WITH THE SITE, HE GOES AT TIMES THAT THE, THE HEIGHT OF THE, THE FILES WOULD GO HIGH.
I GO THERE, I ISSUED THE NOTICE OF VIOLATION, I THINK IN 19 AND 2022.
THERE WAS ONE TWO BY THE NEXT BUILDING INSPECTOR AND THEY WOULD COME DOWN.
SO NO, NO, NO, NO VIOLATIONS WERE ACTUALLY ISSUED.
WE WORKED WITH THE BUILDING INSPECTOR.
WE WANT TO CONTINUE TO DO THAT HERE.
BUT THE, THE COMMENT THAT WE DIDN'T HAVE RENEWALS IN ANY OF THE YEARS IS, IS WAS INACCURATELY STATED.
SO I THINK THAT'S IMPORTANT FOR YOU TO LOOK AT.
BUT THAT'S OUR PRESENTATION AND ANY QUESTIONS YOU HAVE.
BUT AGAIN, IN THE SHORT TERM, WE'D LIKE TO ADJOURN THIS WORK WITH THE TOWN AND, AND TRY TO MOVE IT FORWARD, UM, ON THE 21ST.
JOSEPH DANKO, TOWN ATTORNEY, CHAIR, PERSON, BOARD TOWN STAFF, AND GUESTS.
THANK YOU FOR HAVING US HERE TODAY.
I'LL BE BRIEF BECAUSE I'D LIKE TOWN STAFF FOR THE EXPERTS ON THIS ISSUE TO REALLY ADDRESS THE MATTERS AT HAND.
WE HEARD A LOT OF TESTIMONY FROM THE APPLICANTS, BUT I REALLY BELIEVE THE LAST FEW MINUTES OF DISCUSSION IS WHAT SHOULD BE A FOCUS TONIGHT.
THE TWO ISSUES AT END, WHETHER THE BUILDING SPECTER AND THE BUILDING DEPARTMENT HAD THE AUTHORITY TO ISSUE A STOP WORK ORDER AND WHETHER THEY HAD THE AUTHORITY, UH, TO SEE TO, UH, SEIZE THE RENEWAL OF THE SPECIAL PERMIT.
I'D LIKE TO POINT OUT THAT AT THE TIME THAT THE STOP WORK ORDER WAS PUT INTO PLACE, THAT THE APPLICANT WAS CLEARLY IN VIOLATION, SEVERAL PROVISIONS OF THE SPECIAL PARK, INCLUDING THE NUMBER OF CUBIC YARDS, INCLUDING THE NUMBER OF FEET OF THE TILES.
WE COULD HAVE DISAGREEMENT ABOUT THE ASPHALT.
AND I KNOW THAT WILL BE ADDRESSED ON THE 20 FURTHER EXTENT.
IF IT'S ADJOURNED FURTHER, WE'LL CONTINUE TO HAVE DISCUSSIONS ON THAT.
UM, ALSO WERE IN VIOLATION OF THE HOURS OF OPERATION TOWN STAFF AT THAT TIME SET UP A ZOOM MEETING TO MEET WITH THE C E O AND, AND THE ATTORNEY AND STAFF.
AND WE HAD WHAT I WOULD'VE CONSIDERED PRODUCTIVE DISCUSSION.
AND AT THAT MOMENT WE HAD ADVISED THE APPLICANT THAT IF THEY WERE TO COME IN COMPLIANCE WITH ALL OF THE CONDITIONS OF THE SPECIAL PERMIT, AND IF THEY WOULD SUBMIT A NEW APPLICATION, THEN WE WOULD RESCIND THE STOP WORK ORDER.
IT'S BEEN SEVEN WEEKS SINCE WE'VE HAD THAT DISCUSSION.
[01:25:01]
CURRENTLY, I HEAR NOW THE PILES ARE BELOW 30 FEET.I THINK THAT WAS DONE RECENTLY BECAUSE COUNT STAFF HAS BEEN OUT THERE SEVERAL TIMES AND I DON'T BELIEVE THAT THAT WAS THE CASE FOR A LONG AMOUNT OF TIME.
IF YOU GO TO FAILS WEBSITE RIGHT NOW, YOU COULD SEE THAT THEY'RE STILL OPERATING STARTING AT 6:00 AM AND SPECIAL PERMIT STATES THEY SHOULD START AT 7:30 AM AND THEY'RE ALSO OPERATING ON SATURDAYS AS WELL, WHICH WAS NOT ALLOWED IN THEIR SPECIAL PERMIT.
I I THINK ONE THING THAT'S BEEN MISCONSTRUED A BIT HERE TONIGHT IN TERMS OF THE CUBIC YARDS IS THIS 15,000 FOOT NUMBER, FIRST OF ALL, YOU'VE HEARD TONIGHT ORALLY.
I'VE HEARD IT PREVIOUSLY TOO AND I'VE ALSO SEEN IT IN WRITING THAT THEY HAVE NOT BEEN IN COMPLIANCE WITH THIS PROVISION.
I'D JUST LIKE TO POINT OUT THAT THE THRESHOLD LEVEL IS NOT ACTUALLY 15,000 FEET.
IF YOU LOOK AT CONDITION ONE OF THE 2002 SPECIAL PERMIT, IT STATES NO MORE THAN 10,000 CUBIC YARDS OF MATERIAL SHALL BE PERMITTED TO BE STORED OR PROCESSED ON THE SITE AT ANY ONE TIME EXCEPT FOR PEAK PERIODS FOR UP TO ONE BEACON IN LENGTH WHEN UP TO 15,000 CUBIC YARDS OF MATERIAL MAY BE STORED.
SO, I'M SORRY, DID YOU MAKE THE SAME MISTAKE THAT I MADE IN TERMS OF YARDS VERSUS FEET? NO, YOU SAID 15,000 FEET.
I SAID FEET, I APOLOGIZE THEN I DID MAKE THAT MISTAKE AS WELL.
SO AT THIS MOMENT THEY'RE STATING THEY'RE GETTING CLOSE TO 15,000 YARDS THAT STILL WOULD NOT BE COMPLIANCE BUT CONDITION ONE TO 2002 SPECIAL FUNDING.
THEY SHOULD BE UNDER 10 S CUBAN YARDS AND ONLY GO UP TO 15,000 FOR ONE WEEK AT TIME.
I THINK I'LL, I'LL LET THE EXPERT SPEAK.
WE HAVE, UH, DEPUTY BUILDING INSPECTOR AND LIZ GARRITY HERE AT TOWN ENGINEER JASON OLA.
I'D JUST LIKE TO POINT OUT THAT WHEN THE STOP WORK ORDER WAS PUT INTO EFFECT, THESE CONDITIONS WERE NOT COMPLIED WITH.
THESE CONDITIONS ARE STILL NOT COMPLIED WITH LET THEM SPEAK UNLESS YOU WANTED TO ASK ME QUESTIONS FIRST.
AND THERE WAS NO DATE STAMP ON THE LETTER.
SO WHEN WAS IT STAMPED? WHICH LETTER? UH, THE, THE LETTER, THAT LETTER WAS DECEMBER 20TH, 2022.
OKAY, SO THAT LETTER WAS SENT TO US MM-HMM.
IF YOU LOOK AT THE STOP WORK ORDER THAT SAYS THE NON-RENEWAL OF THE SPECIAL PERMIT, AT THAT TIME, IT WASN'T LIKE JANUARY 1ST, WE ISSUED IT, IT WAS AT THE TIME OF THE STOP WORK ORDER.
BUT I'D LIKE TO POINT OUT THAT AT THAT ZOOM SESSION, WE DID SAY WE WOULD ALLOW YOU TO CONTINUE OPERATING UNDER THE PREVIOUS SPECIAL PERMIT CONDITIONS IF THEY COULD BE MET VERBALLY.
THE NON-RENEWAL WAS WRITTEN FIRST AT, IN A STOP WORK ORDER AND THEN IN A LETTER DATED JULY, I BELIEVE, MAYBE 24TH.
I DON'T HAVE THE EXACT DATE IN FRONT OF ME, BUT AGAIN, WE'RE ALSO WILLING TO WORK WITH THE APPLICANT.
AND AT THAT TIME, AND THEY WERE, AND I WILL SAY THEY WERE VERY QUICK TO FILE A SPECIAL PERMIT, I BELIEVE A WEEK OR TWO AFTER HAVING THAT DISCUSSION, THE SPECIAL PERMIT WAS IN, WHICH IS VERY HELPFUL AND REQUEST MODIFICATION REQUESTING MODIFICATIONS, BUT ALSO ASKING THAT THE PREVIOUS SPECIAL PERMIT BE FOLLOWED THAT STILL HAS NOT OCCURRED TO THE STATE.
WHICH IT SOUNDS TO ME AS IF IT WOULD BE VERY DIFFICULT TO STAY WITHIN THE RESTRICTIONS OF THE SPECIAL PERMIT AS IT IS CURRENTLY WRITTEN.
I WOULD SUBMIT THAT IF THE APPLICANT KNEW THAT THAT SPECIAL PERMIT COULD NOT BE COMPLIED WITH MANY YEARS AGO, THAT THEY SHOULD HAVE APPLIED FOR A SPECIAL PERMIT WHILE IN ADVANCE OF RECEIVING A STOP WORK.
BUT THE TOWN COULD IGNORE IT FOR 20 PLEASE.
WE HAVE, SORRY, SORRY, I COULDN'T RESIST.
WE WE HAVE, WE HAVE NEW STAFF, NEW TOWN ATTORNEY, WE HAVE NEWER BUILDING INSPECTOR, WE HAVE A NEWER ENGINEER OR MORE RECENTLY EMPLOYED ENGINEERING.
AND AS MR. STEINMAN WILL ATTEST TO, WE'RE EMPLOYED BY THE TOWN TO COMPLY WITH OUR TOWN CODE AND TOWN STATE AND FEDERAL LAWS.
AND I CAN'T SPEAK FOR PREVIOUS ADMINISTRATIONS.
WE'RE HERE TO DO JOB THAT NEEDS TO BE DONE TO, BUT THE COMMENT THAT WE'VE NOT IN COMPLIANCE NOW WE BROUGHT THE, YOU BROUGHT IT DOWN TO 13, RIGHT? THAT'S, THAT'S A GIVEN.
[01:30:01]
ISSUE IS ARE WE ABOVE THE 10,000 YARDS.THE ONLY REAL ISSUE AND AND THAT'S AN INTERPRETATION OF WHETHER WE'RE AROUND 15,000 OR BELOW.
EVERYTHING ELSE IS COMBINED WITH THE FACT THAT OUR WEBSITE SAYS SIX 30.
I THINK THE TESTIMONY WAS ALREADY THAT WE'RE COMPLIANT.
YES, LET'S LET'S HEAR THEIR PRESENTATION.
I AM THE DEPUTY INSPECTOR FOR THE STANDARD CHAMBER.
I'D LIKE TO THANK DALE
ALRIGHT, LET'S SWEAR YOU IN FIRST.
UM, AGAIN, MS. GARRITY, UM, DO YOU SWEAR OR DO YOU AFFIRM THAT THE INFORMATION THAT YOU ARE PROVIDING, UH, TO THIS BOARD THIS EVENING IS TRUE TO THE BEST OF YOUR KNOWLEDGE? IT IS.
SO AGAIN, UM, MY NAME IS MS. GARRITY, I'M THE BUILDING INSPECTOR.
UM, I'M HERE REPRESENTING THE BUILDING DEPARTMENT AND I'M GOING, UH, PROVIDE A VERY BRIEF SUMMARY BECAUSE MOST OF WHAT I WAS GOING TO DISCUSS THIS EVENING, UM, HAS ALREADY BEEN PUT IN THE RECORD.
BASICALLY, I JUST WANNA SAY THE BUILDING INSPECTOR IS CHARGED WITH ADMINISTERING AND ENFORCING TOWN AND STATE BOATS.
THE BUILDING INSPECTOR HAS THE POWER AND THE DUTY TO ISSUE A STOP WORK ORDER UNDER SECTION 105 8 4.
TOWN CODE 105 8 5 SPECIFICALLY AUTHORIZES THE BUILDING INSPECTOR TO ISSUE A STOP WORK ORDER TO CALL WORK THAT IS NOT IN COMPLIANCE WITH THE CONDITIONS SET FORTH IN THE ZONING BOARD OF APPEALS DECISION.
AS ALREADY BEEN PUT ON THE RECORD, THIS HAS BEEN, IS NOT A DISPUTED FACT THAT THE APPLICANTS WERE NOT IN COMPLIANCE WITH THE ZONING BOARD CONDITIONS OF CERTAIN ONES.
IN ZONING BOARD CONDITIONS ON MAY 12TH, BUILDING INSPECTOR FRANK BARBIDO OBSERVED VIOLATIONS OF THE CONDITIONS OF SPECIAL PERMIT OH 1 35 AND PROPERLY ISSUED A NOTICE OF VIOLATION NUMBER TWO THREE DASH 15 1 23, PROVIDING FAIL WITH 30 DAYS TO RESPOND THAT VIOLATION.
THEY'LL NEVER RESPONDED OR ACKNOWLEDGE THIS NOTICE OF VIOLATION.
THE BUILDING INSPECTOR CONDUCTED A REINSPECTION OF FAIL JULY 19TH, 2023, AND AGAIN OBSERVED CONTINUED VIOLATIONS OF Z V A SPECIAL PERMIT AND 1 35 AND ISSUED A STOP WORK ORDER PROVIDING NOTICE OF DALE THAT THEIR SPECIAL PERMIT HAD EXPIRED.
THIS STOP WORK ORDER WAS PROPERLY ISSUED IN COMPLIANCE WITH TOWN CODE.
IN AN EFFORT TO WORK WITH DALE, THE BUILDING INSPECTOR OFFERED NOT TO COMPLETELY SHUT DOWN THE SITE, RATHER TO LIMIT THE OPERATION TO RESTRICT INBOUND MATERIAL AND PROCESSING, ALLOWING THEM TO CONTINUE OUTBOUND MATERIAL.
TOWN STAFF HAS SPENT AND BAIL CAN ATTEST MANY HOURS TRYING TO HELP WITH THE STOP WORK ORDER IN AN EFFORT TO PROVIDE HIM WITH THE PATH TO, WITH THAT STOP WORK ORDER.
HOWEVER, WHILE DALE IS WILLING AND HAS BEEN CONTINUALLY WILLING TO WORK WITH THE TOWN, THEY CANNOT SEEM TO BE ABLE TO WORK WITHIN THE CONFINES OF THE ZONING DECISION.
AFTER MEETINGS ON JULY 24TH, THE BUILDING INSPECTOR FORMALLY ISSUED A NOTICE OF NON-RENEWAL OF SPECIAL PERMIT APPROVAL OH 1 35 PER CONDITION, SEVEN OF THE APPROVAL.
IN CONCLUSION, THE BUILDING INSPECTOR WAS SIMPLY PERFORMING HIS JOB, THE ENFORCEMENT OF THE TOWN CODE AND THE CONDITIONS OF THE ZONING BOARD.
THERE WAS A VIOLATION OF THE ZONING BOARD.
THE BUILDING INSPECTOR SAW IT, A NOTICE OF VIOLATION WAS ISSUED.
IT WAS NOT REMEDIED A STOP WORK, BUT IT WAS ISSUED AND THE NOTICE OF NON-LEGAL, AND THAT'S WHERE WE ARE.
SO WHEN DID YOU FIRST HEAR ANY RESPONSE OR COMMUNICATION FROM THEM AFTER THE NOTICE WAS ISSUED? NOT UNTIL THE STOP WORK, BUT IT WAS POSTED.
UM, WHAT WAS THE LENGTH, WHAT WAS THE DURATION OF TIME BETWEEN THE TWO? SO THE INITIAL NOTICE OF VIOLATION WAS MAY THE DATE, BUT IT WAS MAY 12TH, 2023.
AND THEN THE STOP WAR ORDER WAS POSTED JULY 19TH, 2023.
[01:35:04]
AND THE NOTICE OF NON-RENEWAL CALL, THE NOTICE OF NON-RENEWAL THAT THE, THE, UH, FORMAL NOTICE OF NON-RENEWAL WAS JULY 24TH, 2023.SO IT WAS SHORTLY THEREAFTER, WE HAD SEVERAL MEETINGS WITH DALE, THE REPRESENTATIVES ON ZOOM IN PERSON ON SITE, AND WE WERE TRYING TO COME UP WITH A PATH THAT THEY COULD MOVE FORWARD AND WE COULD LIFT THE STUFF WORK ORDER AND THEY CAN COMPLY WITHIN THE CONDITIONS OF THE, THE ZONING BOARD SPECIAL PERMIT.
UM, BUT AS GLEN HAD SAID, THE SITE JUST WASN'T WORKING WITHIN THOSE POSITION.
SO THE WE'RE LIMITED, WE'RE REQUIRED TO, WE DID WHAT WE NEEDED TO DO AS A BUILDING DEPARTMENT.
IT'S NOT SOMETHING THAT THE BUILDING DEPARTMENT LIKES TO DO, BUT WE ARE MANDATED TO DO THAT IF YOU TELL US IF THERE ARE ANY CONDITIONS THAT THE, THAT THE TOWN WOULD ACCEPT AT THIS POINT ON A TEMPORARY BASIS, UNTIL WE CAN GET THIS RESOLVED.
I DON'T THINK THE BUILDING DEPARTMENT HAS THE AUTHORITY TO MODIFY THE CONDITIONS OF SPECIAL PERMIT.
IF CONDITIONS ARE SET FORTH IN A DECISION ON THE ZONING BOARD, THE BUILDING INSPECTOR HAS NO AUTHORITY.
THE BUILDING DEPARTMENT HAS AUTHORITY TO MODIFY THOSE CONDITIONS.
IT WOULD BE THE ZONING BOARD THAT WOULD HAVE TO MAKE THOSE MODIFICATIONS.
I UNDERSTAND, BUT SO WHEN YOU SAID YOU WERE TRYING TO WORK OUT OF, OF THAT THEY HAVE THAT THEY COULD BRING THE PILES DOWN, THAT THEY COULD BRING THE TUBING YARDS DOWN, THAT THEY COULD OPERATE WITHIN THE CONFINES OF THE HOURS.
UM, SO THAT WAS ALL AS WE WERE WORKING TOWARDS.
THERE WERE ALSO OTHER ISSUES THAT WERE BROUGHT TO OUR ATTENTION WHEN THEY WERE COMING IN WITH DIFFERENT MATERIALS THAT THERE WERE STRUCTURES PUT ON THE SITE THAT, THAT IS NOT SUBJECT TO THIS.
IT'S PART OF A, A SEPARATE APPLICATION.
AND DALE IS WORKING TOWARDS THAT AND GETTING INTO COMPLIANCE WITH BUILDING PLUMBING, ELECTRICAL, UM, OTHER THINGS THAT HAVE BEEN PUT THROUGH OVER THE YEARS AND JUST WERE NEVER FILED FOR.
UM, SO THAT'S, THAT'S WHERE WE ARE.
ARE ANY OF THOSE, UM, VIOLATIONS WITH RESPECT TO THE ELECTRICAL AND OTHER ITEMS THAT YOU STATE AWAY, NOT IN, IN CONJUNCTION WITH THE PILES, BUT ARE ANY OF THOSE, UH, AN ISSUE AT THIS POINT THAT WOULD PRESENT A DANGER THAT WE SHOULD BE AWARE OF THE, WELL, THERE IS AN, IF YOU LOOK AT THE, THE SAFETY CODES IN NEW YORK STATE, THE FAILURE TO FOLLOW THE ELECTRICAL PERMIT, THE FAILURE TO HAVE THAT INSPECTED, THERE IS A BACKFLOW THAT WAS NOT INSPECTED.
UM, SO THERE ARE WATER ISSUE, ALTHOUGH IT'S NOT POTABLE WATER, IT'S NOT USED FOR DRINKING PURPOSES.
UM, BUT THE ELECTRIC IS A SAFETY ISSUE THAT WOULD NEED TO GET FILED FOR.
THEY DID FILE AN ELECTRICAL PERMIT, IT WAS LIMITED TO A SERVICE.
THEY HAVE TO EXPAND THAT BECAUSE THERE'S OTHER ITEMS THAT ALSO HAVE TO BE FILED FOR, UM, IN ADDITION TO THEIR BUILDING PERMIT.
SO THERE HAVE BEEN, ELECTRICAL WAS NOT JUST BROUGHT TO THE SITE.
THERE'S TRAILERS, THERE'S STORAGE SHEDS, THERE'S OTHER THINGS THAT HAVE BEEN ADDED TO THE SITE OVER THE YEARS AND ELECTRICAL HAS BEEN BROUGHT TO THEM.
UM, AND THAT HAS NOT BEEN FILED FOR.
SO THAT'S WHAT WE'RE TRYING AS A BUILDING DEPARTMENT TO WORK WITH THEM TO REMEDY ELECTRICAL PERMIT.
WE INSTALLED THE ELECTRIC IN 2016.
WE'VE RECEIVED NOTICE OF VIOLATIONS FROM THE BUILDING DEPARTMENT FOR THE LIGHTS THAT IS POWERING IN 2019 THERE.
THAT ELECTRIC'S BEEN THERE FOR ALMOST 10 YEARS.
THE SITES, WE DO NOT HAVE A FOOTING ON THAT SITE.
EVERY PIECE IS A PIECE OF MOBILE EQUIPMENT.
YOU TELL ME TO GET OUTTA THERE.
I COULD VACATE THAT FACILITY IN A WEEK AND BE GONE.
YOU WOULDN'T KNOW WE'RE THERE.
WE'RE GETTING ALL THE BUILDING PERMITS AND ALL THE ELECTRIC OR EVERYTHING YOU'VE DONE, WE'VE DONE REGARDING THE PLUMBING.
WE'VE DONE BACKFLOW INSPECTIONS EVERY YEAR ON THAT.
I'M SORRY, THERE WASN'T ONE OFFICIALLY SIGNED WHEN WE DID IT IN 2019.
THAT WAS, BUT WE DO BACKFLOW INSPECTIONS EVERY YEAR.
UH, I JUST NEED TO MAKE SURE THAT WE'RE CLEAR.
THAT HAS NOTHING TO DO WITH WHAT WE'RE TRYING TO DECIDE.
TONIGHT OR ON THE 21ST OF SEPTEMBER.
SO DON, DON'T, DON'T, DON'T DO THAT AGAIN.
I APOLOGIZE BECAUSE I WAS ABOUT TO ASK A QUESTION.
FROM WHAT I WAS ABLE TO OBSERVE AND LISTENING TO WHAT, UH, BAIL WAS SAYING TONIGHT, UM, IT SOUNDS LIKE THEY'RE ABLE TO COMPLY WITH TWO OUT OF THE THREE VIOLATIONS IN THE STOP WORK ORDER, BRINGING THE HIKE DOWN.
DON'T ASK ME HOW YOU DETERMINE WHAT 10,000 CUBIC YARDS LOOKS LIKE.
PUT THE QUANTITIES ON SITE, THE QUANTITIES THAT OF OUR 10,000 OR OR LESS.
[01:40:01]
SORRY.IT SOUNDS LIKE THE THIRD ONE IS THE HOURS OF OPERATIONS, WHICH SEEMS LIKE AN EASY FIX.
WELL, IT'S, IT MAY BE AN EASY FIX, EXCEPT FROM WHAT I WAS UNDERSTANDING IN TERMS OF WHEN STUFF COMES IN AT SIX O'CLOCK IN THE MORNING BECAUSE STUFF HAS TO WORK, HAS TO HAPPEN AT 8:00 AM OR STUFF COMES IN LATE AT NIGHT.
UM, MAYBE THE SATURDAY COULD BE SOMETHING THAT'S EASILY, UH, RECTIFIED.
BUT, UM, ONCE YOU'RE IN THE CONSTRUCTION BUSINESS, YOU KNOW THAT, YOU KNOW THAT THE HOURS THAT THEY WORK ARE, UH, I WOULDN'T WANT TO WORK THERE.
SO THEY COULD SAY YOU CAN'T COME IN AT SIX O'CLOCK IN THE MORNING, BUT THEN THE TRUCKS WILL STILL BE THERE AT SIX O'CLOCK IN THE MORNING, CURRENT UNTIL SEVEN OR EIGHT O'CLOCK WHENEVER THE HOURS IN THE, UH, SPECIAL PERMIT DICTATES.
SO THAT WOULD BE SOMETHING THAT IF THEY'LL, AS, AS YOU KNOW, AND THIS IS SPEAKING, UM, WE CAN'T MODIFY THOSE HOURS THAT ARE IN THE CONDITIONS.
YEAH, WE CAN, BUT, BUT YOU CAN, BUT WHERE I AM RIGHT NOW, THIS IS WHAT WE'RE ASKING FOR THE APPEAL.
IF THEY CAN ADJUST THOSE HOURS, THOSE HOURS KIND OF ARE TANDEM TO THE, UM, CONSTRUCTION NORTH HOURS THAT ARE CURRENTLY IN THE TOWN PUBLIC.
SO I WOULD ASSUME THAT'S WHERE THE ORIGINAL BOARD GOT THAT INFORMATION FROM AND JUST TRANSFERRED IT IN.
WHETHER THAT MEETS DALE'S NEEDS NOW, THAT'S SOMETHING THAT WE CAN ADDRESS WHEN THEY'RE APPLYING FOR THE APPLICATION FOR SPECIAL PERMIT.
SO THE STOP WORK ORDER CAN'T BE LIFTED UNTIL SUCH TIME AS STALE COMES BEFORE THE WARD ON THE 21ST OF SEPTEMBER TO APPLY FOR A REVISED SPECIAL PERMIT.
THAT'S, WE HAVE GIVEN THEM IF THEY CAN BRING, AND I ACTUALLY SENT AN EMAIL THAT, UM, THEIR COUNCIL REFERRED TO EARLIER.
THIS IS EXACTLY THE PATH THAT WOULD NEED TO BE MET TO, TO HAVE THE, THE SOFTWARE BOARD LIFTED TO FOLLOW FOUR CORNERS OF THE ZONING BOARD DECISION, ABIDE BY EVERY DECISION FILE FOR THE PLUMBING, THE BUILDING, THE ELECTRICAL, UH, EV ALL THE DEPONENTS THAT ARE ON THERE SO WE CAN RELEASE THE STOCK WORK ORDER AND THEY CAN CONTINUE TO OPERATE WITHIN THE CONFINES OF THE ZONING BOARD DECISION.
BUT IT'S OUR UNDERSTANDING THAT BASED ON THE INFORMATION THAT WE RECEIVED TONIGHT, BASED ON THE PREVIOUS CONVERSATIONS WITH BILL, THAT THEY'RE UNABLE TO KEEP WITHIN THE QUANTITIES.
THE PILE HEIGHT SEEMS TO BE AN EASY FIX FOR THEM, WHICH IS GREAT, BUT THEY'RE GONNA VARY THE, YOU KNOW, SO WE'RE GONNA HAVE TO HAVE SOMEBODY MONITORING IT IF IT'S WITHIN THOSE TWO WEEKS.
I'M SURE THAT THAT'S SOMETHING THAT THEN CAN BE DONE.
INFORMATION MADAM CHAIR, THAT I THINK WOULD BE HELPFUL TO THE BOARD.
DAVID STEINMAN, I AFFIRM EVERYTHING I'M ABOUT TO SAY IS TRUE.
I'M RESPONSIBLE ON BEHALF OF FAIL FOR SECURING A RENEWED BEIS ISSUED AND MODIFIED SPECIAL.
THAT'S WHY I'M HERE TONIGHT TO LISTEN TO YOUR DELIBERATIONS OF DISCUSSIONS.
I AM NOT HERE SEEKING AN APPEAL TO STOP WORK WITH.
HOWEVER, I THINK NO ONE HAS MADE IT CLEAR TO YOUR BOARD RIGHT NOW.
AND I I I'M TRYING TO ANSWER A QUESTION I FEEL IS IMPLICIT.
IF YOU ADJOURN THIS MATTER AND DON'T DECIDE THAT APPEAL, THE RELIEF THAT THE APPLICANT NEEDS AND SOCIETY NEEDS IS IN PLACE TO SECTION 2 67 A.
THE NEW YORK STATE TOWN LAW RIGHT NOW, THERE IS NO STOP ORDER, BUT MR. ZEDA DID WHAT HE FELT COMPELLED TO DO ON BEHALF OF OUR MUTUAL BECAUSE HE FELT THAT THE STOCK WORK ORDER WAS IMPROPERLY ISSUED.
YOU DON'T NEED TO DECIDE THAT.
YOU'VE EXPLAINED THAT TO COUNSEL COOPERATIVELY AND OPENLY.
WE'VE EXPLAINED THAT TO STAFF.
WE ARE HERE TONIGHT BECAUSE WE HAVE NO CHOICE BUT TO DO THIS.
WHY? FOR ALL THE REASONS GLEN SPENT AN HOUR EXPLAINING THAT THIS IS AN ESSENTIAL INDUSTRY.
SO WE DID WHAT WE NEEDED TO DO SO THAT EVERYBODY IN THIS ROOM HAS THEIR ROADS TAKEN CARE OF, THEIR GAS LINES TAKEN CARE OF, AND THEIR WATER LOCKS TAKEN CARE OF.
SO WE DID WHAT WE NEEDED TO DO.
WHAT I NEED TO DO IS WORK WITH YOU IN TWO WEEKS SO THAT LIZ, JASON, AND JOE COMFORTABLE THAT YOU HAVE A PERMIT IN 2023.
THE PERMIT THAT THIS BOARD ISSUED IN 2002 IS OUTDATED.
MAYBE IT SHOULD HAVE NEVER BEEN ADOPTED.
THE ATTORNEY REPRESENTING FAILED IN 2002, BUT I'M HERE IN 20 20, 23 AND I'M GONNA MAKE SURE THAT YOU AND WE AND FAIL KNOWS THE RULES OF THE ROAD.
THIS BUSINESS ISN'T GOING ANYWHERE.
[01:45:01]
BUSINESS NEEDS TO BE HERE.AND I KNOW THAT THE PEOPLE THAT WORK THERE, THEY DESERVE TO WORK THERE.
WE SHOULD ALL KEEP THEM EMPLOYED.
I DON'T THINK THE SUPERVISOR IN THE TOWN BOARD WANTS THEM TO BE UNEMPLOYED.
GIVE US TWO WEEKS TO, WE HEARD YOUR QUESTIONS WE'RE COMING.
YOU, YOU GUYS DID A GREAT JOB OF SIGNALING SIGNALING TO US, BUT WE NEED TO DO WITH YOU IN TWO WEEKS.
SO WE'RE NOT, LIZ ISN'T GONNA CHANGE HER POSITION.
I KNOW THAT SHE'S MADE CLEAR WHY IT'S HER POSITION.
WE TRIED TO NOT EVEN WASTE YOUR TIME TO MAKE DARIUS AND I EVERYTHING WE COULD SO THAT YOU ALL DIDN'T HAVE TO COME OUT ON A SPECIAL MEETING, SET THIS WHOLE THING UP.
YOU DID WHAT YOU NEEDED TO DO.
YOU DECIDED TO, WE TOLD JOE, DON'T DO THIS.
IT'S NOW, WHAT IS IT, NINE O'CLOCK.
I KNEW WE'D GET TO THIS POINT.
TOOK TWO HOURS AT LEAST YOU PAID YOUR CARDS.
GIVE US A CHANCE, WE'LL COME BACK.
WE'LL DEAL WITH HOURS OF OPERATION.
WE'LL DEAL WITH EVERYTHING WE NEED TO.
YOU DON'T NEED TO ADJUDICATE THE STOP WORKFORCE.
YOU'RE NOT GONNA DECIDE THIS TONIGHT.
YOU DON'T HAVE EVERYTHING YOU NEED IN FRONT OF YOU.
WHEN, WHEN HAS THIS BOARD EVER DECIDED SOMETHING IN ONE MEETING? I I SPENT OH, NOW DON'T NO BACK.
YOU'RE, YOU'RE ASSUMING THAT IT WILL BE DECIDED IN TWO WEEKS.
BUT IN THE MEANTIME, SHAUNA, THE ONE THING THAT YOU SHOULD KNOW IS THAT GLENN IS BENT OVER BACKWARDS IN THE INTERIM.
HE CHANGED THE HOURS OPERATION DESPITE, DESPITE WHAT, WHAT LIZ SAID.
AND IT SOUNDED LIKE A MISSTATEMENT TO ME.
WE CHANGED THE HOURS OPERATION.
WE TOLD JOE, WE'LL, WE'LL CHANGE, FORGET WHAT IT SAYS ON THE WEBSITE.
WE CHANGED THE HOURS OPERATION.
WE, WE BROUGHT THE PILES DOWN TO 30 FEET AND HEIGHTS.
WE'RE WORKING ON FIGURING OUT MY APPLICATION.
WHAT ABOUT, I THINK I ASKED FOR 50,000 CUBIC YARDS.
I DIDN'T HEAR THAT THE HOURS OF OPERATION WERE CHANGED.
NO ONE, WE HAVE NOT HEARD THAT.
CAN WE DO THAT UP FOR THE RECORD? I, I THOUGHT I SAID IT AND IF I DIDN'T, THAT'S MY FAULT.
WE CHANGED THE HOURS OF OPERATION.
THAT IS A HUNDRED PERCENT MY FAULT.
WE, ONCE WE HEARD IT, WE CHANGED THE HOURS OF OPERATION.
WE WORKED SEVEN 30 TO THREE 30.
WHEN WAS THE CHANGE CHANGED? SO IN THE LAST TWO HOURS WE MADE NO, NO, THE HOURS OF OPERATION.
WE CHANGED THE HOURS OF OPERATION.
ALMOST IMMEDIATELY WHEN WE SAYS
THAT IS WHY OUR MISTAKE YESTERDAY, THE HOURS OF OPERATION YOU ARE DUCK DOWN A BUSINESS FOR ONE HOUR WHEN THE ENTIRE WAREHOUSE IS THERE.
IF SOMEONE BELIEVES THAT WE'RE THERE AT 6 59 INSTEAD OF SEVEN, WE WILL START AT SEVEN.
WE, IF THAT'S GOING TO PUSH THIS OFF SO YOU CAN DECIDE DAVID'S APPLICATION, GREAT.
AND WE, WE THINK WE ARE I'M SORRY.
ONE YOU JUST SAID WE WILL DO THAT.
AND I'M HEARING AS MISCOMMUNICATION.
WE HAVE TO MAKE A RECORD HERE IF YOU WANT TO DO THIS.
AND I DON'T MIND EVERYONE'S SPEAKING, BUT NOT THE SAME TIME.
SO LET'S FINISH WHAT YOU'RE SAYING.
SIT DOWN AND THEN THE OTHER PERSON CAN TALK.
WE DID CHANGE THE HOURS OF OPERATION.
WHEN WE SPOKE TO COUNSEL, HE ADVISED US, HE SAID, LET'S FIX EVERYTHING WE CAN AND MEET EVERY CONDITION IN THE PERMIT WE CAN.
THE FIRST ONE WE DID WAS CHANGE THE HOURS OF OPERATIONS.
AND THE FIRST CALL I GOT WAS FROM CON EDISON AND THE CONTRACTOR SAYING, WHY ARE YOU STOPPING? AND I DIDN'T WANT TO GET INTO IT.
I JUST SAID, WE, WE CAN'T, WE HAVE TO CHANGE THE HOURS.
SO THE PILE IS SOMEWHERE AROUND 15,000 SQUARE, 15,000 SQUARE YARDS.
AND IF NOTHING IS DONE BETWEEN NOW AND THE 21ST, WHAT'S GONNA HAPPEN TO THAT PILE? WHAT, HOW DOES THAT AFFECT YOUR BUSINESS? SO AGAIN, IT'S THE BATHTUB EFFECT, RIGHT? SO WE TAKE MATERIAL IN NO, NO, I GET THAT.
I'M TALKING ABOUT IT'S GONNA STAY RUNNING YOUR BUSINESS HERE.
WE'RE GONNA TRY TO COMPLY AS BEST WE CAN.
I'LL TELL YOU RIGHT NOW, OUR SALES ARE DOWN 60, UH, 40%.
YOU HAD A PILE THAT APPARENTLY APPEARED TO BE 50 FEET HIGH AS OPPOSED TO CORRECT.
HOW MANY CUBIT YARDS WAS THAT ROUGHLY? JUST NO.
IF WE'RE GONNA, AND THIS IS A GUESS ESTIMATE.
IF THERE WERE 30,000 YARDS, 40,000 YARDS ON SITE BEFORE, BETWEEN THE RIDGE OF THE UN CRUSHED MATERIAL AND THE FINISHED MATERIAL,
[01:50:01]
LET'S SAY THAT'S ABOUT WHERE IT IS.I DON'T, AND OKAY, FORTY'S HIGH, BUT GUESS TAKE A NUMBER.
SO WHAT, SO FROM, GOTTEN IT FROM, WHERE ARE YOU NOW? WE ARE DOWN TO 15 AND WE'RE DOWN TO AND HOW LONG DID IT TAKE TO GET FROM THE 40 TO THE SO-CALLED 15? GIVE OR TAKE? ABOUT? ABOUT, OKAY.
BUT THE BUSINESS IS STILL RUNNING.
HOWEVER, THE BUSINESS IS RUNNING AT A REDUCED RATE.
SO YES, THE BUSINESS IS OPERATING.
OUR SALES RIGHT NOW ARE ABOUT THE, IN THE BEGINNING WHEN WE WERE ONLY ALLOWED TO SHIP MATERIAL OFF THE SITE, OUR SALES WENT DOWN 90%.
SO FOR A MONTH OUR SALES WERE DOWN 90%.
WE THEN, ONCE WE GOT THE PILES DOWN AND WE STAYED THE STOP WORK ORDER, WE THEN STARTED ACCEPTING LIMITED MATERIAL.
CONED WAS, WE HAD TO ACCEPT THE CONED MATERIAL.
SO WE CONED MATERIAL COMES IN AND THAT COMES IN AND GOES OUT ALL THE TIME.
UM, OUR SALES RIGHT NOW ARE DOWN 40%.
EXPLAIN WHAT YOU'VE APPLIED FOR IN THE MODIFIED PERMIT SINCE WE HAVE THE TIME.
SO IN THE MODIFIED PERMIT, WE APPLIED FOR, UH, WE PUT 50 FOOT HIGH TILE AGAINST THE MATERIAL AGAINST THE WALL.
REMEMBER THERE'S A 50 FOOT HIGH WALL THERE.
SO WE ARE GONNA JUST PILE THE MATERIAL AGAINST THE WALL.
AND WE MAY ABOUT IT BY 60, BUT IT'S 50 TO 60 FEET THERE.
WE PUT IN A 50,000 YARD REQUIREMENT.
AGAIN, THE REASON THAT WAS PUT IN IS SO WE DON'T LEAVE AND LEAVE YOU WITH A 50,000 YARD MESS TO CLEAN IT.
UM, AND THE THIRD, AND WE, WE LOCATED THE PILE.
SO YES, WE, WE SUBMITTED A, A DRAWING WITH YOU THAT SHOWS WHAT EACH STUFF IS FOR EACH PILE SO YOU CAN UNDERSTAND THE SITE.
OUR ENGINEER WILL BE HERE ON THE 21ST MADAM CHAIR TO EXPLAIN, WE DIDN'T BRING 'EM TONIGHT 'CAUSE WE DIDN'T THINK WE'D GO INTO THIS.
WHAT WE'RE NOW ASKING FOR IS A MORE LOGICAL, LEANER WAY TO ORGANIZE THE SITE WITH MULTIPLE PRODUCT PILES.
THE LARGEST OF WHICH WOULD BE THE ONE AGAINST THE WALL.
THAT TOO SAW WHEN YOU WENT OUT.
THE OTHER FILES WOULD BE 30 FEET BELOW THE 50,000 CUBIC YARD AMOUNT THAT I PUT IN MY APPLICATION IS BECAUSE I DON'T WANT LIZ FRANK TO HAVE TO COME OUT AND VIOLATE DIED.
I WOULD RATHER BE REALISTIC AS TO WHAT YOU ALL HAVE LIVED WITH FOR 21 YEARS UNTIL THIS NOW HAS THIS CATHARTIC MOMENT IS HERE.
ASSUMPTION IS YOUR DEPARTMENT ALSO INCLUDES CHANGING THE HOURS OUR DEPARTMENT DOES.
PUT THE HOURS, THE HOURS YOU LISTING.
WE HAVE THE ITEMS TO BE CHANGED.
WE DID BECAUSE OF, UH, THE REALITY OF HOW THE SITE IS OPERATED.
IF YOUR HONOR DIDN'T SAY THAT.
KEEP FORGETTING ABOUT THE HOURS.
AND THE QUESTION, WHAT IS THAT THE STOP ORDER DOES DEAL WITH THE RUNOFF.
ARE THERE PROVISIONS IN THE NEW PERMIT TO DEAL WITH THE RUNOFF ISSUE THAT YOU GUYS ARE NEGOTIATING? YEAH, I THINK OUR TALENT ENGINEER CAN SPEAK IT TO THAT A CHANCE.
THE ANSWER IS YES, BUT THE X-RAYS THEY'RE WORKING ON, THEY'RE TRYING.
SO MY CONCERN IS THEY PUT, THEY'RE PUTTING TOGETHER A PLAN OF CO COMPLIANCY, WHICH WE'RE HEARING BIT AND FRAGMENTS, THE HOURS, THE PILES.
DO YOU HAVE IN WRITING THIS PLAN OF Y M C AND THE TENTATIVE DATES? BECAUSE FOR ME, WHAT I'M STRUGGLING WITH IS IN THE TWO WEEKS THAT THEY'RE AT REQUESTING THIS TO BE HOLD FOR IN TWO WEEKS, WE ARE RESPONSIBLE, OUR JURISDICTION AS THE BOARD IS, WE'RE RESPONSIBLE FOR THE RISK.
WHAT HAPPENS IN THOSE TWO WEEKS, IF THOSE PILES AND IF THOSE PLANS OF COMPLIANCE ARE NOT MAINTAINED AND SUSTAINED, WHAT HAPPENS? BECAUSE THEN THAT PUTS YOUR JOB BACK AT RISK.
SO THAT TO ME IS THE REAL CORE QUESTION.
WHAT HAPPENS IN THE TWO WEEKS? WHO'S GONNA BE MAINTAINING AND MONITORING THAT TO MAKE SURE THAT THIS PLAN OF COMPLIANCY IS SUSTAINED THROUGHOUT THE TWO WEEKS? IT WOULD HAVE TO BE A, A JOINT EFFORT BETWEEN THE ENGINEERING DEPARTMENT, THE BUILDING DEPARTMENT, AND MORE THAN LIKELY SALES ENGINEER TO PROVIDE US WITH DOCUMENTATION THAT THEY ARE WITHIN THE QUANTITIES, THE HEIGHT, UM, TO GIVE US SOMETHING THAT'S SIGNED AND SEALED, GOING OUT AND EYEBALLING PILES AND SAY THAT'S A 15,000.
YOU NEED TO HAVE SOMEBODY CERTIFY THE QUANTITIES.
YOU NEED TO HAVE SOMEBODY CERTIFY THE HEIGHTS.
THERE ARE SOME, YOU KNOW, YOU COULD GAUGE THINGS BY EYEBALL, BUT THAT'S WHAT WE WOULD NEED TO SEE IN ORDER TO SHOW COMPLIANCE WITH THE CURRENT DECISION.
[01:55:01]
'CAUSE I WOULD HATE IN THE TWO WEEKS THAT THEY WOULD GET ANOTHER VIOLATION.WELL, I WOULD TRY AND CLEAN THIS UP THAT ANOTHER VIOLATION WOULD HURT.
SO MY CONCERN IS, YOU KNOW, AFTER HEARING ALL THE FACTS, UM, HOW CAN WE COLLABORATIVELY, THE TOWN AND THIS ORGANIZATION PUT SOMETHING IN WRITING AND COME UP WITH A REAL CONCRETE PLAN OF CLANCY STEP BY STEP THAT KEEPS THEM IN COMPLIANCE, GIVES SOME SORT OF ACCOUNTABILITY TO BOTH PARTIES SUCH THAT WE CAN REACH THE TWO WEEKS IN A SUCCESSFUL TIMEFRAME THAT MAINTAINS, UM, THE ORDINANCES BY THE ZONING BOARD WHILE AT THE SAME TIME, UM, GIVES THEM SOME SORT OF FINANCIAL RELIEF.
WE DO NOT WANT TO, DEFINITELY, THIS COMPANY'S BEEN HERE FOR 20 YEARS WITH WHAT THEY'RE DOING.
WE DON'T WANT TO, TO CRUSH THEM.
SO WE'RE TRYING TO MEET THE OBJECTIVES OF BOTH PARTIES WHILE AT THE SAME TIME APPEARING THE, THE MANDATE OF THE ORDINANCE OF THE ZONING BOARD.
SO WHAT WOULD YOU RECOMMEND? WELL, MY PLACE ISN'T TO PROVIDE A RECOMMENDATION.
MY PLACE IS TO SAY THIS IS WHAT THE TOTAL, THE, THE ZONING BOARD DECISION SAYS.
UNTIL THAT ZONING BOARD DECISION IS CHANGED.
THE BUILDING DEPARTMENT IS MANDATED TO FOLLOW THE REGULATIONS.
WE'RE WE'RE MANDATED TO REQUIRE BUILDING PERMITS, ELECTRIC PLUMBING PERMITS.
WE'RE WAITING FOR THOSE TO GET FILED AND THEY'RE WORKING.
BUT CAN I ALSO POINT, CAN I, CAN I, CAN I JUST BUT THAT'S A, ALL OF THAT IS SEPARATE FROM WHY WE ARE HERE TONIGHT.
WE ARE HERE TONIGHT WITH THE SPECIAL PERMIT ABOUT THE HOURS.
THE HEIGHT AND THE OVERALL, WHICH ESSENTIALLY THEY ARE COMPLIED WITH, WHICH IS WHAT WE ASKED THEM TO DO.
AND WE WOULDN'T HAVE, IF THEY HAD DONE IT, UM, YOU KNOW, WE WOULDN'T BE HERE BECAUSE YOU GUYS WOULD'VE LIFTED IT YOURSELF.
SO WHAT WAS YOUR PLAN? FREE THIS.
AND THEY SAY WE'VE DONE IT FOR COMPLIANCE BECAUSE, YOU KNOW, 10,000 TO 15,000, WHILE THAT'S A LOT.
THEY HAVE, THEY CAN GO TO 15,000 FOR A WEEK.
IT SEEMS, YOU KNOW WHAT YOU'RE ASKING THE BUILDING DEPARTMENT TO DO IS OUTSIDE THE SCOPE OF OUR AUTHORITY.
AND, AND I UNDERSTAND WHAT YOU'RE ASKING IS YOU'RE ASKING HOW ARE WE GONNA DETERMINE WHETHER THEY'RE COMPLIANT.
THAT'S GONNA BE ON THE APPLICANTS TO PROVIDE US WITH INFORMATION AND OUR TENANT ENGINEER CAN GIVE YOU A LITTLE MORE BACKGROUND.
HE HE'LL BE ABLE TO PROVIDE THAT TO YOU.
THERE, THERE IS ONE THING THAT I WANT TO STATE AND THAT IS, UM, I DON'T THINK ANYBODY WANTED TO BE HERE TONIGHT FOOTBALL, BUT TO THE WRAP, UM, I THOUGHT THAT IT WAS VERY IMPORTANT FOR US TO LISTEN AND UNDERSTAND WHAT THE PROBLEM WAS TONIGHT.
'CAUSE OTHERWISE WE WOULD NEVER BE GETTING ANY KIND OF A DECISION ON THE 21ST OF SEPTEMBER.
IT WOULD HAVE TO BE ADJOURNED.
AND THEN WE'RE ALREADY TALKING ABOUT OCTOBER.
WHEREAS IT SOUNDS TO ME AS IF YOU GUYS NEED THIS SPECIAL PERMIT REVISED SOONER RATHER THAN LATER.
CAN I JUST ON THE, ON THE NOTICE OF NON-RENEWAL.
SO MAYBE, I DON'T KNOW IF, IF YOUR ATTORNEYS CAN EXPLAIN, BUT YOU WANTED US TO ALSO REVERSE THE NOTICE OF NON-RENEWAL OR, OR YOU WANTED THE NOTE LIKE I'M A LITTLE CONFUSED.
YEAH, THERE'S, THERE'S TWO PARTS OF IT.
THE NOTICE OF NON-RENEWAL, IF THERE'S AUTHORITY FOR THE BILL, EXPECTED TO DO THE NOTICE OF NON-RENEWABLE, WHICH, YOU KNOW, WE'RE NOT SURE THAT IT'S OUTLINED IN OUR PAPER.
WE HAVE AN APPEAL THAT UNDER THE SPECIAL DEPARTMENT PROVIDES FOR AN APPEAL.
SO WE'VE APPEALED THAT PART OF IT TOO.
AND I WORKING ONE ON THE NOTICE OF VIOLATION RIGHT THERE.
NOW THE BOTTOM OF, AND EVERY NOTICE OF VIOLATION THAT'S ISSUED IN THE TOWN
BUT WHAT DID THEY DO? THEY WORK WITH THE APPLICANT THROUGH REMEDY THE SITUATION.
BUT DID WE DO IT RIGHT AWAY IN A WEEK, TWO WEEKS, THREE WEEKS? WE, BUT WE'RE DOING IT WORK WITH THEM AND WE'RE GETTING THERE.
IF THEY DON'T DO IT, THEY GO TO LOCAL COURT.
TOWN COURT IS FULL OF VIOLATIONS PROBABLY THREE TIMES A WEEK.
THEY NEVER REPORT US IN THE COURT.
THEY STOP OUR BUSINESS THAT HURTING PEOPLE BY DOING IT.
SO WHAT WE'RE ASKING FOR IS JUST TO CONTINUE WHAT WE'RE DOING NOW, WHICH IS VERY CLOSE TO COMPLIANCE WITH THIS, WITH THIS SPECIAL PERMIT.
AND THEN WITNESS STAYS STAYS IN PLACE UNDER NEW YORK STATE LAW.
AND WE'VE WORKED FOR THE NEW SPECIAL PERMIT THAT VISED UH, UH, REQUIREMENTS WE'RE NOT THAT THERE, THERE'S THERE'S A PROVISION UNDER THE LAW TOO.
IF THEY THINK THERE'S A HEALTH AND SAFETY
[02:00:01]
IMMEDIATE DANGER, THEY COULD HAVE FILED AN AFFIDAVIT TO SAY THAT THEY DIDN'T DO THAT AND STATE WOULDN'T BE IN EXISTENCE.THE TOWN DIDN'T BRING US TO COURT.
THEY, THEY STOPPED US IN OUR TRACKS AND WE, WE, WE FOLLOWED THE LAW AND, AND HAD TO STAY IN PLACE.
AND WHAT DID WE DO? WE GOT THE MATERIAL OUT OF THERE.
WE MOVED THE, THE, THE, THE, THE, THE, THE PILE AWAY FROM THE, FROM THE UH, UH, UH, NEIGHBORS COMPLIANCE.
WE WANT CAN I CHANGE THE HOURS? THANK YOU.
BUT, BUT, BUT THAT'S WHAT WE'RE ASKING.
LET US PROCESS THIS SPECIAL PERMIT.
SO PLEASE DON'T IMPLY THAT WE DID YOU'RE SAYING, YOU ARE SAYING SET US PROCESS THAT SPECIAL PERMITS.
WHAT I'M THINKING MAYBE I MISUNDERSTOOD.
I'M NOT SAYING WE'RE NOT COMING THE 21ST.
LET US OPERATE UNTIL WE CAN PROCESS THE SPECIAL DEPARTMENT ON THE 21ST.
'CAUSE THESE ARE TWO SEPARATE ISSUES.
THERE'S THE, THERE'S THE APPEAL OF THE STOP WORK ORDER, THEN THE PROCESS.
SO IF I MISSPOKE, I APOLOGIZE.
BUT, BUT THE CONCERN IS IN PART HOW YOU ARE GOING TO OPERATE SO WE CAN GET THIS RESOLVED.
LIKE, LIKE WE'RE TWO WEEKS AND WE DON'T WANT WANT IT TO BE DOWN AND THEN UP HERE THERE'S NO POINT ON THAT.
HAS ANYBODY DURING, HAS ANYBODY DISCUSSED AND, AND UNDERSTANDING YOUR CONSTRAINTS THAT THE TOWN PROVIDE THE COMPANY WITH A LIST OF ENGINEERING FIRMS THAT CAN DO DAILY HOURLY INSPECTIONS FOR THE NEXT TWO WEEKS.
BECAUSE WE DO NOT WANT EVERY TOWN DEPARTMENT DEPLETED WATCHING THIS ONE SITE.
CERTAINLY SOMETHING THAT WE COULD, I MEAN THAT'S NOT NORMALLY SOMETHING THE TOWN DOES IS PROVIDE APPLICANTS WITH UM, LISTS OF ATTORNEY, UH, ENGINEERS.
BUT, UM, JASON, YEAH, YOU HAVE AN ENGINEER THAT YOU HAVE CHOSEN THAT EVERYTHING ELSE SAY I KNOW THE CITY OF NEW YORK HAS A LIST.
CAN I JUST POINT OUT THAT THE PPLICANT HAS KNOWN FOR OVER 20 YEARS THAT THEY HAVE NOT BEEN
THEY MADE PAY A LOT OF MONEY USING THOSE HEIGHTS THROUGHOUT THE YEARS.
WE'RE TALKING ABOUT 40,000, OVER 10,000.
THAT'S FOUR TIMES WHAT THEY WERE ALLOWED FOR 20 YEAR SPAN.
NOW WE'RE TALKING ABOUT TWO WEEKS THAT THEY CANNOT COME IN COMPLIANCE WITH 10,000 SQUARE FEET OF CUBIC YARDS.
THE COMMON COMPLIANCE, THE PREVIOUS SPECIAL PERMIT TO ME, I DON'T SEE HOW FUNNY IS AN ISSUE AT THAT POINT.
AND I THINK WE'VE WORKED TOGETHER OVER THE PAST FEW WEEKS.
THAT WOULD BE THE WAY TO RESOLVE THIS AS YOU DECIDE THE SPECIAL PERMIT MOVING FORWARD, JUST COME INTO COMPLIANCE WITH WHAT YOU WERE GIVEN IN 2002.
PROCEED TO OPERATE THE STOP WORK ORDER.
YOU KNOW, I DON'T WANNA SPEAK FOR LIZ AND FRANK, BUT WOULD BE RESCINDED UNTIL NEW SPECIAL PERMIT IS DECIDED.
I THINK THAT'S THE OBVIOUS ROUTE TO MOVE ON.
THE ONLY THING NOW, AT FIRST I WAS SAYING IT WAS THERE WERE TWO OUT OF THREE, BUT NOW IT SOUNDS LIKE YOU'RE CHANGING YOUR HOURS OF OPERATION.
YOU'VE REDUCED THE HEIGHT OF YOUR PILES.
NOW WE JUST DON'T KNOW HOW MANY CUBIC YARD HAD ON THERE SIDE TOLD US TO REDUCE IT.
HOW LONG WOULD IT TAKE US TO REDUCE IT? IT WOULD PROBABLY TAKE THE TWO WEEKS OF, OF OPERATION TO DO IT.
WELL, NO, HE DOESN'T SAY IT'S REDUCED TO WHAT THE, HE SAYS HE THINKS IT'S IN THE BALLPARK.
WHAT HOURS OF OPERATION ARE YOU LIVING FOR? THE NEW HOURS? YEAH.
ARE WE REVISED THE HOURS? WE ARE, IF WE WOULD GO BACK TO OUR INITIAL HOURS, WHICH ARE SIX TO THREE 30 AND SATURDAY.
WE, WE CHANGED IT AND I'M SORRY I WASN'T CLEAR ON THIS.
WE DID CHANGE IT TO SEVEN 30 TO THREE 30 AND, AND, AND, AND GLEN BROUGHT UP THE OPERATION OF THAT WHOLE WAREHOUSE FACILITY.
JUST SO THAT'S, WE KNOW EVERYBODY ELSE IS 24 7.
I THOUGHT I IT WAS FROM SEVEN 7:00 AM TO 7:00 PM FOR SUNSET.
AND THE, AND THE REALITY IS THAT CONTRACTORS EXCAVATE MATERIAL.
THEY DON'T BY THREE O'CLOCK WE'RE DONE.
'CAUSE THEY'RE GETTING OFF THE ROADS.
SOMETIMES WE HAVE WORKED AT NIGHT.
UM, WE'LL OPEN THE FACILITY FOR NIGHT WORK, DAY WORK.
BY THREE O'CLOCK THEY'RE DONE.
'CAUSE THEY'RE GETTING OFF THE ROAD.
THAT'S WHY THE, THE HOURS REFLECT WHAT THE ACTUAL INDUSTRY IS FROM SIX TO THREE.
[02:05:01]
JASON BULL.SWEAR, EVERYTHING ABOUT TO SAY IS TRUE.
I'VE BEEN SITTING IN THE BACK.
UM, I WOULD JUST WANNA NOTE THAT, UM, PRETTY EASY WAY TO DETERMINE VOLUMES ON SITE LIKE THIS.
THEY CAN EITHER, CAN DO IT TWO WAYS.
DO BY SURVEY MACHINE, GO PERSONALLY STICK, DO THE DIFFERENT HEIGHTS, COME UP WITH PHOTOGRAPHIC SURVEY OF VI AND COULD DETERMINE VOLUMES OR BIOMETRIC ANALYSIS OF FIBERS.
OR YOU CAN SHOOT IT LIDAR DRONE LIKE THAT.
IT'S FIVE MINUTES AND YOU DO THAT.
IT WOULD BE A PRETTY QUICK AND EASY WAY TO TELL IF YOU'RE IN THE 10, 15,000 THOUSAND, 5,000 RACING.
IT'S ONLY, SORRY IT'S NINE O'CLOCK.
WHEN YOU SAY HOW QUICK, QUICK AND EASY THAT I'M NOT TELLING YOU.
COULD YOU GIVE US A NUMBER? THESE LIDAR MACHINES, THE DRONES, WHICH USUALLY TAKE FIVE TO 10 MINUTES TO DO IT.
COME BACK DOWN, YOU STICK, STICK IN THE MACHINE AND IT UPDATED CAN JUST BIOMETRIC
OKAY, BUT NOW YOU WERE SAYING THAT THE ORIGINAL 10,000 CUBIC YARD RESTRICTION WAS BROUGHT UP BY SOMEBODY I THE LANDLORD.
SO THE LANDLORD, THE WEINBERG.
AND TO WHAT DEGREE DOES IT REALLY AFFECT WHAT IT LOOKS LIKE ON YOUR SITE? I MEAN IF IT'S 10,000 CUBIC YARDS OR 30,000 CUBIC YARDS OR 50,000 CUBIC YARDS, IF YOU'RE GONNA PILE THE 50 FEET UP AGAINST THE 50 FOOT WALL, YOU'RE GONNA BE MORE THAN 10,000 CUBIC YARDS ANYWAY.
SO WHAT DIFFERENCE DOES IT MAKE? HOW, WHAT THE YARDAGE, THE CUBIC YARDAGE MEANS TO ME IT SEEMS DOESN'T MODIFIED PERMIT NOW.
IN A MODIFIED PERMIT OR RIGHT NOW IN A MODIFIED PERMIT.
BECAUSE WE WANT, WE WANT THE, WELL THE DIFFERENCE DOESN'T MAKE TO THE OFFICER TO IN GENERAL.
I MEAN WELL IT DOES IN A SENSE BECAUSE BACK THEN IT'S A MATTER OF TRAFFIC AND OTHER THINGS THAT WERE GOING ON.
WELL BACK THEN, FROM WHAT I'M UNDERSTANDING WHAT YOU SAID, THAT LIMITATION WAS INSTITUTED BECAUSE HE WAS AFRAID OF, WHAT WAS THE WORD, PIRACY OR, OR PUTTING SITE AND THEN ABANDONING THE SCOTT.
AND REMEMBER WHEN WE DID THE PERMIT AT THE TIME WE HAD ONE MACHINE, ONE OPERATOR.
WE DO MORE WORK RIGHT NOW IN WEEK THAN WE DID ALL YEAR BACK THEN.
LANDLORD CONSENTS TO THE MODIFIED PERMIT CONDITIONS.
THEY'RE VERY WELL AWARE OF WHAT THEIR TENANT HAS BEEN DOING FOR 21 YEARS.
THE WEINBERG'S CONCERNS OF 2002.
NEVER THINGS THAT NEEDED TO BE CONCERNED WITH AS TIME WENT ON.
IS HE STILL ALIVE? RECENTLY PASSED.
SORRY TO HEAR, BUT IN OTHER WORDS, DON'T MAKE ANY STATEMENTS THAT WAY.
BUT UM, WHEN YOUR REVISED SPECIAL PERMIT REQUEST COMES IN, IS IT NOW GOING TO REFLECT A MORE REALISTIC IT DOES CUBIC YARDAGE.
YOU HAVEN'T WE WE FILED MEANT ME PERSONALLY.
WELL I, WELL IT I HOPE YOU'VE GOT IT IS IT SAID EARLIER 50,000.
WE FILED THAT SEVERAL ISSUES AGO.
AND THAT'S REALISTIC, DOABLE FOR THE NEXT 20 YEARS IF YOU'RE GONNA BE THERE THAT LONG.
WE WANTED TO MAKE FEWEST CHANGES POSSIBLE TO THEM.
WE WENT THROUGH THIS SO THAT'S WHY WE CHANGED THREE THINGS.
IF YOU ASK ME AS YOU, THAT IS ONE OF THE SMARTER QUESTIONS I'VE HEARD FOREVER.
WHO CARES ABOUT THE QUANTITIES? THE THE ORIGINAL REASON THE QUANTITIES WERE THERE IS BECAUSE THEY DIDN'T WANT US TO LEAD THAT MATERIAL ON SITE.
I WOULD JUST ASSUME NOT HAVE QUANTITIES THERE.
WE'RE ONLY A TWO AND A HALF ACRE FACILITY.
WE CAN ONLY FIT SO MUCH MATERIAL ON THERE AND WE'RE GONNA BE GONE.
IF YOU GREENBERG COMES IN AND SAYS THAT WHOLE AREA IS NOW GONNA BECOME CONDOMINIUMS, YOU GOT A YEAR TO GET OFF.
WE GET OFF, GIVE US A COUPLE MONTHS, WE'LL PROCESS EVERYTHING AND MOVE.
SO I DON'T KNOW THAT I AGREE WITH YOU.
IN FACT, ON OUR NEXT PERMIT, I WOULD PREFER NOT TO PUT QUANTITIES ON THERE.
SO YOU HAD TWO WEEKS TO FINGER.
[02:10:01]
SITE.I SO I THINK WE WERE ASKING YOU THE QUESTION TO COVER THE NEXT TWO WEEKS THAT PAULINE WAS CONCERNED ABOUT.
IT SAYS HOW DO WE MAKE SURE THAT WE MEET THE BUILDING INSPECTOR'S NEEDS IF THEY'RE, YOU KNOW, THAT THEY'RE LIVING UP TO WHAT THEY DO AND TRYING TO COME UP WITH A SOLUTION FOR A TWO WEEK SOLUTION.
WE'RE PREPARED TO OFFER A STIPULATION FOR THE RECORD AND PROVIDE MY CLIENT CONSENT THAT I THINK WILL ADDRESS THE PROFESSOR'S CONCERN.
'CAUSE IT'S IN OUR, IT'S IN HIS BEST INTEREST TO NOT VIOLATE MY PROPOSED STIPULATION.
SO TO MAKE A LIFE EASIER, I WOULD OFFER A STIPULATION VIA FAIL INDUSTRIES.
BUT FOR THE NEXT TWO WEEKS TILL WE RETURN FOR THIS BOARD ON SEPTEMBER 21ST, NUMBER ONE SALE WILL COMPLY WITH THE REVISED HOURS OF OPERATION, WHICH ARE SEVEN 30 TO 7:00 PM SEVEN 30 TO 7:00 PM ON DAY TO FRIDAY, NO PILE SHALL EXCEED 30 FEET IN HEIGHT.
WE'VE LEARNED FROM THE TOWN ENGINEER HOW WE CAN VERIFY THAT TO COVER OUR OWN BUS NUMBER THREE SITES SHALL NOT EXCEED, I'M PUTTING IN MY PROPOSED STIPULATION 15,000 CUBIC YARDS BECAUSE I THINK THAT'S PROBABLY A REALISTIC NUMBER OF MORE OR LESS.
WHAT'S THERE? CAN YOU REPEAT THAT? SORRY.
THEY'RE NOT TALKING ABOUT REALISTIC.
THEY OF THE STICK AND ENFORCE THE STIPULATION, WHICH IS 10,000 NUMBER FOUR 15,000 PER A WEEK.
I SAID FOR WELL THEY'RE GONNA KEEP IT COMING DOWN.
SO THEREFORE IT SHOULD COME DOWN.
YEAH, I'M JUST SAYING IF YOU PROPOSED STIPULATION AND I'M TRYING TO PROVIDE SHAUNA SOMETHING THAT AVOIDS LIZ HAVING TO COME OUT AND VIOLATE US AND GLEN HAVING A VIOLATION.
IT'S NOT IN OUR INTEREST TO DO.
NUMBER FOUR, NO ASPHALT RELATE.
ASPHALT PRODUCTS CAN BE BROUGHT ONTO THE SITE AND REMAIN ON SITE.
THEY'VE GOTTA LEAVE IMMEDIATELY.
THEY'RE GETTING OFF A TRUCK IF SOMEBODY, A TOWN OR SOMEONE ELSE.
THE TOWN HAS BROUGHT ASPHALT TO THIS PROPERTY THAT WILL NOT COME TO THIS FACILITY THE NEXT TWO WEEKS.
WELL THEY KNOW TOWN OF GREENBURG OF COURSE, BUT IT BREAKS UP ITS ROADS GREEN.
OKAY, WHAT DO YOU THINK IT GOES? BUT IT'S JUST BETWEEN YOUR BACKYARD OF MINES.
YOU ARE GOING TO ADD ASPHALT IN THE SPECIAL THAT'LL BE DISCUSSED ON THE 21ST.
IT'S ALREADY IN MY SUBMISSION TO YOU FOR THE 21ST.
AND WE WILL DISCUSS THAT AS, AS EXPEDITIOUSLY AS POSSIBLE ON THE 21ST.
BUT THIS STIPULATION PROVIDING GLEN IS WILLING TO ACCEPT IT, PROVIDE TO YOU WITH THE PROTECTION THAT MY CLIENT HAS, PARAMETERS WITHIN WHICH HE AND THEIR OPERATION CAN EXIST.
IT'S IN THEIR INTEREST NOT TO VIOLATE IT BECAUSE WE WANNA COME BACK ON THE 21ST.
WE WANNA SEE A LOT OF SMILING RESTED FACES.
CAN YOU JUST CHANGE A NO NOMENCLATURE TO NOT JUST UM, STIPULATION, BUT A STIPULATION FOR A PLAN.
I'M SAFE BECAUSE THAT MAKES IT MORE CLEAR.
MORE DETAIL OF WHAT STIPULATION IS FOR I GOT YOU MA'AM.
ALSO, CAN WE SAY JUST TO A SPECIAL, THE CONDITIONS OF THE SPECIAL PERMIT OF 2002 AS OPPOSED TO LISTING OUT EACH CONDITION.
I JUST LIKE POINT OUT THAT IS WHAT WE REQUESTED.
SEVEN, SIX AND, AND SO I DIDN'T WANNA BE HERE TONIGHT EITHER.
AND IF THAT WOULD'VE BEEN WITH SEVEN WEEKS AGO, WE WOULDN'T HAVE TO STOP STILL.
I'M NOT LOOKING TO ARGUE WITH JOE 'CAUSE I REALLY, REALLY APPRECIATE HIS COOPERATION.
BUT I I'M COMPELLED TO SAY ONE THING THAT, 'CAUSE I THINK THAT THAT'S A LITTLE DISINGENUOUS.
HAVE WE NOT GOTTEN, WE NOT GOTTEN RELIEF FROM THE STOP WORK ORDER WITH THIS? IF WE COULD NOT PROCESS, WE COULD NOT BRING OUR PILES DOWN.
SO THANK GOODNESS DARIUS ZEDA AND HIS FIRM FILED THE APPEAL THAT BROUGHT US HERE TONIGHT BECAUSE THAT GAVE US UNDER SECTION 2 67 A THE RELIEF THAT I WAS HOPING JOE AND LIZ AND FRANK WOULD GIVE US SO THAT WE COULD COOPERATIVELY NAVIGATE.
THEY WOULDN'T 'CAUSE THEY WOULDN'T, THEY SAID WE COULD JUST PULL STUFF OFF.
YOU CAN'T PULL STUFF OFF THAT SITE.
YOU GOTTA MAKE IT SMALLER TO GET IT OFF THAT SITE.
SO MOVING FORWARD, THEY ARE BOUND BY LET'S, THEY'RE BOUND BY THE LAW.
WE AFTER JURISDICTION, LET'S DO THE STEP.
WHERE IS THE VERIFICATION IN THAT SHAUNA? THE SAME VERIFICATION WITH ALL DUE RESPECT THAT YOU AND YOUR WONDERFUL TOWN OF GREENBERG HAVE HAD FOR 21 YEARS AT THE SAME VERIFICATION.
HAVE THEY'RE NOW HAVE GOVERNMENT THERE OVER THE NEXT TWO WEEKS.
EVERYBODY WHO RUNS BIKE PATH WILL SEE WHAT, THAT'S YOUR STATEMENT.
THAT'S NOT WHAT I'M SEEING DOWN THERE.
CAN YOU PUT A MONITOR IN PLACE? HIRE AN OUTSIDE MONITOR TO COME AND LOOK AT THE SITE EVERY DAY.
WHAT DO YOU WANT? MOTION COMES AT
[02:15:02]
GUYS.YOU JUST HAVE TO RESTORE ORDER BECAUSE WE CONVERSATIONS AND THERE'S ONE, THERE'S ONE MORE.
THAT IS I BELIEVE, UH, GLEN SAID THAT WE WILL BE FILING PERMITS TO BORROW FOR ANY OF THE THINGS THAT THE PERMITS THAT WERE SET FORTH VIOLATED.
AND SO WE WILL ADD THAT TO THE POINT OF THE, OF THE STEP.
ALL OF THE, ALL OF LIZ'S TECHNICAL VIOLATIONS AND PERMITS THAT SHE'S REQUESTED, WHICH WE TALKED ABOUT ON SITE FOR AN HOUR YESTERDAY WILL BE TAKEN CARE OF.
AND AND WE CAN SAY THAT HAVE BEEN GOOD FAITH EFFORTS TO COMPLY WITH THOSE PROVISIONS AND WE'RE WORKING TOGETHER TO SURE.
SO I WOULD SAY ONE OF THE REASONS WHY THE QUANTITIES ARE SUPPOSED TO BE SMALL IS DOES IMPACT TRAFFIC, DOES IMPACT TRUCK SIZE.
AND WE DID KNOW BRIDGE OF WAREHOUSE LANE DAMAGED, DAMAGED.
THE REASON WHY IT'S DAMAGED THE TRUCKS
THAT'S WHAT NONE OF OUR TRUCKS ON THERE.
BUT I'M SAYING ONE A MINUTE WITH NONE OF OUR TRUCKS.
WHO, WHO IS RESPONSIBLE TO MAINTAIN THAT BRIDGE? IT'S THE PRIVATE PROPERTY OWNER.
IT'S NOT A, IT'S NOT A, IT'S NOT THERE PERMISSIBLE BRIDGE.
I SPOKE TO THE, I UM, REACHED OUT TO THE PROPERTY OWNER, YOU KNOW AGAIN TO WORK WITH THEM.
THE BRIDGE IS NOT STRUCTURALLY ON SOUND.
I KNOW THE ENGINEERS THAT HAVE INSPECTED IT.
ALL THE OTHER WAREHOUSES, YOU'RE NOT SAYINGS, TRUCKS GO THERE IS ONE A MINUTE FOR ALL THE OTHER, OTHER TRUCKS WITHOUT ANY OF US.
SO YOU'RE SAYING THERE'S ONE MINUTE PLUS YOUR, THERE'S ONE A MINUTE.
EVERYONE ELSE'S TRUCKS THAT NEED TO COME TO MY CLIENT'S PROPERTY.
I'M NOT AMAZON, AMAZON'S TRUCKS, YOU, THESE ARE ALL APPROVED BY THE TIME OF GREENBURG TO ALLOW THAT.
IF THE PRIVATE OWNER HAS AN ISSUE WITH THEIR BRIDGE OVER X NUMBER OF YEARS, IT'S BEEN THERE PROBABLY SINCE THE PLACE HAS BUILT UP BEFORE THEY NEED TO REPAIR IT.
YOU CAN GUYS, WE, WE REALLY CAN'T BACK.
WE MIGHT HAVE TO GO TO A POINT WHERE ONLY THE PERSONS SITTING IN THIS CHAIR FOR SPEED BECAUSE IT'S NOT WORKING.
WE HAVE A CONATION BUT IT JUST, YOU CAN'T DO THAT.
SO, SO I BELIEVE THAT THE BRIDGE WAS REHABILITATED 10 YEARS AGO.
AND IT'S ALREADY VERY IMPORTANT.
ARE YOU WILLING TO AGREE TO THE TERMS OF THE STIPULATION? WHAT I WOULD ASK IS THAT YOU PLEASE ALLOW US TO OPERATE SIX TO THREE 30.
THAT'S NO WE ARE, WE ARE GOING RIGHT NOW WE ARE OPERATING SEVEN TILL, TILL WHATEVER THE HOURS ARE.
I'M TELLING YOU I'M GETTING CALLS FROM CON AND THE CONTRACTORS EVERY DAY ASKING US TO PLEASE OPEN AT SIX.
THEY, THEY'RE EXCAVATING MATERIALS FROM THE ROAD AT SIX AND THEY HAVE NO PLACE TO GO.
THE TOWN CANNOT CONSENT TO THAT.
WHO SAID THAT? I SAID THE TOWN CANNOT CONSENT TO THAT OPENING YOUR DECISION ZONING BOARD TALKING ABOUT TOWN STATE.
IF YOU'RE GONNA TELL ME THE CONCERN I HAVE IS THAT MATERIAL I WOULD
SO THAT WOULD MEAN TO US THAT THE FILE WOULD BE INCREASING.
SO WHAT WE HAVE DONE, BECAUSE I REALIZED WE HAVE THE SPECIAL PERMIT, WE DIVERTED AS MUCH MATERIAL AS WE CAN FOR OUR FACILITY.
WE OPENED UP IN MONTROSE JUST A MONTH OR SO AGO.
CON EDISON HAS ONE FACILITY IN WESTCHESTER COUNTY THAT'S APPROVED TO ACCEPT MATERIAL.
RIGHT? CONED TRUCKS START AT 6:00 AM SO CON HIT HIS CALLED ME SAID, CAN WE PLEASE BRING MATERIAL TO WAREHOUSE LENGTH? WHICH WOULD RESULT IN WHAT? APPROXIMATE.
THE CONED MATERIAL GOES IN AND OUT.
SO TANNET IS IN A TOTAL SEPARATE AREA AND THE CONED MATERIAL THAT COMES IN,
[02:20:01]
THEY COME IN, WE SCREEN THEIR MATERIAL, WE MAKE IT IN SAND, WE LOAD THEIR TRUCK UP AND IT GOES OUT.SO THE KIND OF MATERIAL YOU'RE SAYING WHEN YOU SAY IT GOES OUT, WHAT'S THE TURNOVER? WE, WE HAVE LET, IF WE HAVE THE KIND OF MATERIAL CAN STAY ON THE SITE.
IF WE TAKE IN, I THINK THIS TIME LAST YEAR WE TOOK IN 3000 TONS OF CONED MATERIAL A WEEK AND WE WOULD SELL CONED 3000 TONS OF CONED MATERIAL A WEEK.
SO IF YOU LOOK AT CONED, IT'S VERY CONTAINED 'CAUSE A TRUCK COMES IN, IT DUMPS, IT TAKES MATERIAL AND GOES OUT.
IT'S DIFFERENT THAN SAY AN EXCAVATION SITE WHERE THE BIG PILE IS WE HAVE A PARKING GARAGE COMING DOWN.
THEY BRING IN 20,000 YARDS OF MATERIAL IN A THREE WEEK PERIOD.
ALL I'M ASKING IS PLEASE LET ME BRING THE MATERIAL IN SIX.
SO OUR NORMAL WORKING HOURS, WE WILL NOT ACCEPT IT WILL NOT MAKE THE PILES GO ANY BIGGER.
BUT COULD YOU LIMIT THAT TO CONED? UM, I COULD TRY.
WELL IF, IF YOU CON CONED AND CONED RELATED CONTRACTORS 'CAUSE THOSE ARE THE GUYS AT CONED.
IF THAT'S WHAT YOU WANT, I COULD DO THAT.
I'M TRYING TO KEEP YOU IN BUSINESS AND I'M TRYING TO SATISFY WHAT YOU SAY THAT YOU KNOW, THEY NEED YOU AT LEAST CONED DOES IN ORDER TO DO IT.
BUT WE DON'T WANT TO JUST INCREASE THIS WHILE YOU'RE TRYING TO GET THIS PERMIT AND IT'S JUST LIKE THIS IS AS USUAL.
IF THAT'S, IF IF YOU GIVE US CONED AND THE CONED CONTRACTORS AND THAT'S ALL YOU'RE COMFORTABLE WITH.
DO WE NEED SATURDAY FOR THEM? DO WE NEED SATURDAY? DO WE NEED TO BE OPEN ON SATURDAYS? YES.
DID YOU ACCEPT CONED TODAY? YES.
WHAT TIME DID YOU ACCEPT CONED TODAY? SEVEN 30.
SO WHY CAN'T YOU ACCEPT CONED AT SEVEN 30 FOR THE NEXT TWO WEEKS THAT STAY IN SUPPLIES THE TRUCK SIT THERE AND WAIT THE CONED TRUCKS JUST SAT THERE PARKED FOR AN HOUR AND A HALF.
ALL WE'RE DOING IS COSTING THE PEOPLE HERE MORE MONEY 'CAUSE THEY'RE HIRING TRUCKS THEY'RE PUTTING ON OVERTIME 'CAUSE THEY CAN'T, THEY HAVE TO STOP THE JOB SO THEY CAN FILL THE TRUCK, GET IT DUMPED AND GO BACK.
'CAUSE EVERY EXCAVATED MATERIAL THAT COMES OUT HAS TO GO AWAY.
SO WE KEEP THE TRUCKS DELAYED FOR AN HOUR AND A HALF OR TWO HOURS.
INSTEAD OF THEM HAVING FOUR TRUCKS, THEY NEED EIGHT TRUCKS.
CAN'T THEY GO TO YOUR OTHER SITE? NO.
CONED IS NOT PERMITTED TO GO THERE.
WE SENT SOME MATERIAL UP THERE AND I HAD I I PROCESSED IT THERE AND BROUGHT IT ALL BACK TO THIS FACILITY.
CONED MADE VERY CLEAR NO FACILITY, NO MATERIALS TO GO TO THE OTHER SIDE.
THEY HAVE A REALLY DEEP AND COMPLICATED PROCESS TO GET APPROVED.
LIKE YOU'RE THE ONLY FACILITY APPROVED IN WESTCHESTER EXCEPT CONED MATERIAL.
SO THIS REQUEST IS TO BE OPEN AT 6 36 OR 6:00 AM FOR THE NEXT TWO WEEKS ONLY FOR CONED AND THE CONED CONTRACTORS.
IF THAT'S WHAT THIS BOARD IS COMFORTABLE DOING, I WILL LIVE WITH THAT.
GET AN APPROVAL OF A NEW SPECIAL SERVICE.
SO IT YEAH, WE DON'T KNOW HOW LONG TAKE TWO WEEKS WOULD BE BRAVED.
RIGHT? YOU DON'T KNOW IF WE'RE GONNA KEEP IT ON THE 21ST OF SEPTEMBER OR EVEN IF WE DO IT'LL BE THE OCTOBER BEFORE WE, BUT AT THAT TIME AT LEAST THEY WOULD HAVE THE ABILITY TO MOVE, YOU KNOW? OKAY.
AND I'M SORRY ONE ONE QUESTION OF CLARIFICATION.
WHEN YOU SAY THAT CONED IS PRETTY MUCH IN BALANCE, SO THEY BRING THEIR STUFF IN AND THEY TAKE THEIR STUFF OUT.
IS IT ALL IN THE SAME TRUCK? IN OTHER WORDS, THEY BRING IN THEIR STUFF AND YOU HAVE PROCESSED STUFF THAT YOU LOAD ONTO THE, SO THE TRUCK LEAVES WITH SOMETHING IN IT.
IT JUST DOESN'T DROP OFF THEIR STUFF AND LEAVE EMPTY.
TYPICALLY THEY DROP OFF PICK UP.
SO THEY DROP STUFF OFF AND THEY LEAVE EMPTY.
NOW THAT'S NOT TO SAY THAT THE BEGINNING OF THE, SO IN THE BEGINNING THEY WILL DROP STUFF OFF IN ONE PILE, THEY'LL DRIVE TO ANOTHER PILE AND GET LOADED UP AND HAUL MATERIAL OFF SITE.
THAT DOESN'T HAPPEN FOR EVERY LOAD.
ESPECIALLY FIRST THING IN THE MORNING THEY'RE EXCAVATING, THEY HAVE MORE MATERIAL THEY BRING IN TOWARDS THE END OF THE DAY WHEN THEY HAVE TO BACKFILL THE ROAD AND GET FILLED UP, THE TRUCK MAY NOT DUMP BUT IT'LL COME IN AND JUST BUY THE MATERIAL SO THAT THAT IT NEEDS TO BACKFILL
[02:25:01]
THE ROAD.SO ALL IN ALL CONED IS PRETTY BALANCED BY THE END OF THE DAY AND THE CONED MATERIAL IS NOT THOSE TWO BIG PILES THAT WE SEE, THEY'RE IN THEIR OWN SEPARATE AREA.
IT'S A MIXED LOAD OF STUFF THAT WE TREAT DIFFERENTLY.
YOU YOU VERIFIED WHAT I WAS TRYING TO FIGURE OUT WHEN YOU SAID IT COMES IN AND IT GOES OUT AND IT'S PRETTY WELL BALANCED, I JUST WANTED TO KNOW HOW IT GOES.
SO ARE YOU IN A POSITION TO REJECT ANYONE ELSE WHO TRIES TO GET IN DURING THAT UH, SIX TO SEVEN 30 IF THAT'S SO THAT THEY COULD GO TO PERHAPS ONE OF YOUR OTHER FACILITIES? THAT'S THE CONDITIONS THAT WE HAVE TO BE GIVEN TO LIVE WITH NOW
WHAT PERCENTAGE IS CAUGHT OUT OF YOUR BUSINESS? CONED IS PROBABLY, I'D SAY A 30.
IT'S A THIRD AND THEY WORK SATURDAYS.
YEAH THEY WORK CONED WORK CONED OR THE PEOPLE THAT WORK SATURDAYS AND NIGHTS, RIGHT? YEAH.
CONED IS THE NIGHT GUYS THAT THAT'S CONED EXCEPT WHEN THERE'S A SPECIAL PROJECT LIKE WHEN THEY REPAVED ROUTE NINE A LIST.
THEN WE WORK, WE WORK OUR ASPHALT PLANT WORKED AT NIGHT AND OUR FACILITY HERE WORKED AT NIGHT BUT THE IT'S CONED IS REALLY EVIL.
SO ESPECIALLY WHAT CON WHY IS IT SPECIAL THAT IT'S ONLY ALLOWED TO BE PROCESSED IN YOUR FACILITY AS A VERY STRICT ENVIRONMENTAL HEALTH AND SAFETY? LIKE IS THERE SOMETHING IN THERE TOO THAT IT'S DIFFERENT? NO, THEY, NO, IT'S ON THAT DOES IT FROM THEIR LIABILITY STANDARD.
WE ARE THE ONLY FACILITY THAT MEET THE REQUIREMENTS THAT THEY HAVE TO ACCEPT THEIR THEIR MATERIAL AND RECYCLE IT AND PUT IT BACK IN THERE.
THEY DON'T, NONE OF THE OTHER FACILITIES COULD GET PAST THE KIND OF PROCESS.
DON'T LIKE WHY IS IT DIFFERENT THAT SOMETHING ELSE I DON'T UNDERSTAND.
LIKE IF I EXCAVATE FOR A SEWER ON WATER MAIN, WHAT MAKES THAT DIRT DIFFERENT THAN GAS FROM CON OR WE SAY A REGULAR ALTER.
IT'S NOT THE MATERIAL, IT'S THE OPERAT.
HE'S ASKING IS IT THE MATERIAL OR IT THE OPERATION LIKE FORM THE, SO THE CON CON EDISON UM, HAS A VERY STRICT PROCESS.
THERE'S NOT A LOT OF DIFFERENCE BETWEEN MATERIAL BEING EXCAVATED FROM A, UM, BY A CONTRACTOR.
AND THAT'S NOT DOING CON ED WORK.
SAY DOING WORK FOR THE TOWN OF GREENBURG VERSUS MATERIAL THAT'S BEING WORKED IN FOR CONED.
THE BIG DIFFERENCE WITH CONED IS THAT THE CONED MATERIAL IS THE ONLY MATERIAL THAT WE ACCEPT WHERE THE STUFF ALL MIXED TOGETHER, ASPHALT, CONCRETE, DIRT, IT'S A LOT HARDER TO PROCESS.
SO WHAT WE DO, WE SCREEN THAT MATERIAL, WE DO EXTRA SCREENING BEFORE WE CRUSH IT, ET CETERA.
SO THAT'S THE, THE DIFFERENCE FROM OUR END OF IT.
FROM CON ED'S END CON ED HAS ONLY A FEW FACILITIES THAT ACCEPT EXCAVATED MATERIALS.
THEY'RE THE ONLY FACILITY IN WESTCHESTER COUNTY THAT IS APPROVED BY CONED TO RECYCLE EXCAVATED MATERIALS.
OTHER FACILITIES THAT ARE APPROVED ARE TRANSFER STATIONS DOS.
SO THAT'S WHY CONED LIKES TO USE US SO MUCH MATERIAL DOES HAVE ALT CONED MATERIAL, HAS BITS OF ASPHALT IN IT.
IT MIGHT HAVE SOME CONCRETE AND MIGHT HAVE STONE THERE TOO.
IF YOU LOOK ON A REPORT, THE REPORT FROM THE D CS WE'RE THE ONLY FACILITY WESTCHESTER COUNTY THAT ACCEPTS MIXED LOADS, WHICH IS THE CONED FACILITY.
HAD SAID YOU'VE STOPPED TAKING AN ASPHALT BUT NOW CONED IS, ASPHALT WAS STILL BEING BROUGHT IN ON DAILY BASIS.
SO THE MIXED LOADS, IT'S NOT WHEN WE CLASSIFY, THIS IS AN INTERNAL TERM FOR US.
IF YOU COME TO OUR SITE, YOU'LL SEE PILES SEE A PILE OF ASPHALT.
IT DOESN'T EXIST RIGHT NOW BECAUSE WE DON'T HAVE ANY ON THE SITE.
WE HAVE A PILE OF CONCRETE, WE HAVE A PILE OF STONE AND WE HAVE WHAT CONED FILL, WHICH IS MIXED LOADS.
CONED MIXED LOADS IS A MIXTURE.
IT'S GOT A LITTLE BIT OF CONCRETE, IT'S GOT A LITTLE BIT OF ROCK, IT'S GOT A LITTLE BIT OF DIRT, IT'S GOT A LITTLE BIT OF ASPHALT.
WE TREAT THAT MATERIAL VERY DIFFERENTLY THAN WE DO.
UH, CONCRETE OR ROCK THAT IS SEGREGATED AT THE SECOND.
BUT WE'VE BEEN TOLD ALL NIGHT THAT ASPHALT HAS STOPPED COMING INTO THE
[02:30:01]
DISTILL AND NOW THE THIRD OR SO HOUR WE'VE TOLD THAT ASPHALT IS STILL BEING ACCEPTED.THERE IS SOME INCIDENTAL ASPHALT IN THE MATERIAL WE RECEIVED FROM CONED.
A TRENCH THAT'S SIX FEET DEEP, THERE MAY BE AN INCH AND A HALF OF ASPHALT ON THERE THAT COMES MIXED IN.
IT IS NOT RECOGNIZABLE ASPHALT.
I CAN'T SEGREGATE IT, I CAN'T USE IT AT OUR ASPHALT PLANT FACILITY.
AND IF I WAS UNCLEAR ABOUT THAT, MY, THAT WAS MY I IT WAS NOT TRYING TO BE DECEITFUL.
THIS IS PROBABLY, NO IT WAS OKAY.
THIS IS PROBABLY THE THIRD TIME YOU'VE TOLD US THAT, RIGHT? I'M SORRY.
TYPICALLY RESECTIONS ARE AT LEAST THREE INCHES OF TWO INCH AS FORWARD OF THERE SIX SPACE FLOORS CHAT BOIL AS WELL WITH SCAR.
YOU DOING THE ALL? I CAN'T HEAR YOU.
YEAH, I MEAN IF YOU COULD MILL, BUT THAT'S NOT USUALLY WHAT THEY DO WHEN THEY JUST START IT.
IT DEPENDS IF THE ROADWAYS PUT SCAR IDE FIRST, WHERE THEY GO IN AND KNOW THEY TAKE THE ASPHALT OFF FIRST AND THEN RIGHT.
IT'S A LITTLE, A LITTLE BIT ABOUT IT.
WHICH IS IF YOU'RE DOING A WHOLE REBUILD OF THE STRUCTURED AND THE THE TRENCHES THEY USUALLY SAW CUT.
YOU'RE JUST DOING A SIMPLE TRENCH.
SO WHERE ARE WE STIPULATED? SO I'M THE ONE THAT THAT BROUGHT THE STIPULATION.
I DIDN'T ASK YOUR BOARD TO APPROVE BID OR SIGN OFF ON IT OR SWEAR TO IT.
IT WAS AN OFFER ON BEHALF OF FAIL SO THAT YOU ALL WOULD BE COMFORTABLE IN EFFECT HOLDING THIS MATTER OVER UNTIL SEPTEMBER 21ST.
SO IT'S STILL THE SAME THING WITH THE STAY IN PLACE, BUT WE'VE CLARIFIED THIS CONED ISSUE.
SO MY FIRST POINT FAIL WILL COMPLY WITH THE REVISED HOURS OF OPERATION OTHER THAN CONED AND CONED CONTRACTORS, WHICH WOULD BE PERMITTED TO COME IN AT SIX O'CLOCK IN THE MORNING AND ON SATURDAYS NO PILE WILL EXCEED.
I ASK COULD THEY ELIMINATE SATURDAYS AND I THINK JESSE REPLIED THAT CONED REALLY WORKS SINCE STAY A LOT SATURDAY.
SO I LEFT IT IN THERE BECAUSE THAT'S WHAT WE, WE HEARD.
CAN I CLARIFY THAT FOR ONE SEC POINT THAT QUESTION.
SO DOES THAT MEAN THAT CONED ONLY SIX 30 TO 7:00 AM ON SATURDAY AND THAT OTHER TRUCKS COULD COME THE REST OF THE DAY OR ONLY CONED WOULD BE COMING IN ON SATURDAY WHETHER OR SATURDAY, NO, CORRECT ME IF I'M WRONG.
ONLY CONED AND CONED RELATED CONTRACTORS ARE GETTING IN ON SATURDAY FOR THE NEXT TWO WEEKS ON SATURDAY.
THE WAY IT WORKS ON SATURDAY IS WE HAVE CUSTOMERS THERE CON ED DOING THEIR WORK AND A LITTLE SIX WHEELERS THAT THE MOMS AND POPS WHO ARE HOME ON THE WEEKEND WORKING WITH THE LOCAL GARDENER TO COME IN THERE.
YOU DON'T DO A LOT OF WORK ON SATURDAYS.
STAY OPEN FOR CONED FOR THEM MOMS AND POPS THAT ARE FIXING THEIR SEVEN TANKS OR PUTTING THEIR DOOR.
HOW ARE THE HOURS? THE SAME HOURS ON SATURDAY ARE SIX TO TWO.
UM, WE WOULD STILL MAINTAIN THAT NO PILE SHALL EXCEED 30 FEET IN HEIGHT.
THE SITE SHALL NOT EXCEED 15,000 CUBIC YARDS.
I'D LOVE SOME HELP WITH HOW TO ARTICULATE SO THAT NO ONE IS OFFENDED.
WE WILL NOT TAKE PURE ASPHALT MATERIAL.
NUMBER FIVE, THE TECHNICAL PERMITS FOR PLUMBING, ELECTRICAL, ET CETERA FOR THE BUILDING DEPARTMENT SHALL BE PROCESSED WITH ALL THAT IN ALL GOOD FAITHS AND FILE TOMORROW.
WE'RE ASKING THAT YOU HAVING HEARD THAT RESPECTFULLY, THE ONLY THING ABOUT SIGNING TOMORROW IS SOME OF THE BUILDING PERMITS REQUIRED THEY'RE TRAILERS AND EQUIPMENT.
I JUST DON'T KNOW IF THEY'RE GONNA HAVE EVERY I DOTTED ROSS FOR THAT.
AS LONG AS I SAY AS LONG AS WE WORK IN GOOD FAITH, WE JUST, LIZ, IF WE CONTINUE OUR PROCESS IN GOOD FAITH AS WE HAVE, IS THAT GOOD ENOUGH FOR THE PURPOSE? AS LONG AS YOU'RE FILING A SO AS LONG AS THERE IS A COMPLETE APPLICATION FILED WITH THE BUILDING DEPARTMENT AND WE WENT OVER THE REQUIREMENTS OF THAT AND I PUT THAT IN THE EMAIL SO EVERYBODY WAS ON THE SAME PAGE.
IS THERE ANYTHING
NO, I WAS JUST ASKING HIM WAS THERE ANYTHING THAT HAD BEEN QUESTION.
ALRIGHT, I SUGGEST THAT SINCE YOU'VE ALREADY HAVE YOU REDUCED THIS TO WRITING, I JUST, JUST NOTES FOR
[02:35:01]
AND, AND WE WANT TO ADD ONE MORE AND TO MAKE JOE HAPPY AND HOPEFULLY THE BOARD, MY CLIENT WILL COMMIT TO HAVING A MONITOR MONITORING THE SITE AND THE STIPULATION OF COMPLIANCE AND OPERATION FOR THE NEXT TWO WEEKS.
AND I WOULD ASK THAT THAT BE SIGNED TONIGHT.
YOU HAVE SWORN TESTIMONY MADE THESE PEOPLE SWEAR.
NO, BUT THIS MEETING WILL END AND WE ARE NOT MEETING FOR ANOTHER TWO WEEKS.
WE'RE IF ADJOURNING THIS MEETING BASED ON A REPRESENTATION THAT THIS WILL BE SIGNED TOMORROW MORNING.
AND I, AND I JUST WANT THE RECORD TO REFLECT THAT, WHILE I GREATLY APPRECIATE THE MONITOR BEING ADDED, THAT COUNT STAFF DOESN'T AGREE WITH THE HOURS OF OPERATION, BUT WE RESPECT ANY DECISION THAT THE BOARD MAKES, JUST WANT THE RECORD TO BE PUT AND THAT IT'S FOR THE NEXT TWO WEEKS OR MORE.
SORRY, THE NEXT TWO, I'M SORRY, I TWO WEEKS SUCH TIME.
THE DETERMINES THE APPLICATION FOR THE VIS PERMIT, RIGHT? CORRECT.
AND DO YOU REALLY NEED SOMETHING SIGNED TONIGHT? YES.
CAN I, YOU, YOU HAD SAID THAT YOU DIDN'T AGREE WITH THE HOURS LEFT.
CAN I ASK WHY? THE, JUST BECAUSE OF WHAT DEPUTY BUILDING INSPECTOR GARRITY HAD SAID EARLIER THAT WE HAVE TO COMPLY THE PROVISIONS OF TOWN CODE AND SPECIAL PERMIT AND MY REQUEST WAS TO COMPLY EXACTLY WITH THE SPECIAL PERMIT.
BUT DOES IT PUT A HARDSHIP ON YOU GUYS OR NO, IT DOES NOT.
JUST WANTED TO COMPLY WITH THOSE PERMIT.
THE HOURS SINCE WE'RE BEING UP FRONT AND FRANK SEVEN 30 HOURS, HE PUT A HARDSHIP ON US IN THE CONTRACT.
SO I I UNDERSTAND YOU GOT ALONG.
IT CAN CAN'T WE JUST HAVE THEIR PARTY SIGNED? ATTEST TO THAT.
THAT'S WHAT THEY'LL DO OVER THE NEXT TWO OR MORE WEEKS.
AND IT COULD JUST BE A ONE PARTY SIGNATURE TO SUBMIT TO THE ZONING BOARD.
WELL IT'S STIPULATION IS A NON STIPULATION.
STIPULATION IS BETWEEN TWO SPLIT AND WE'VE OFFERED IT FOR THE RECORD.
I THINK IT'S AS CLEAR AS DAY IT'S BEEN REPEATED FOR THE RECORD.
MOST OF THE TIMES I'VE GOT, I'VE GOT MEMBERS OF THE ZONING BOARD THAT ARE NOT SHOWING RIGHT ENOUGH I STATEMENT FOR HALF AN HOUR I'LL STAY.
I DON'T WRITE IT UP AND HAVE IT'S DONE BEING DONE.
DO YOU WANNA CLOSE THE PUBLIC HEARING? TAKE A FIVE MINUTE BREAK AND DO YES, THAT WOULD BE NICE.
WE APPRECIATE YOUR TIME, ESPECIALLY FOR
WE HAVE HAD A WILD EVENING TO SAY THE LEAST, AND EVERYONE HAS BEEN ABLE TO SPEAK AND PERHAPS THE RECORD WON'T BE NECESSARILY SPELL OUT WHO IT WAS, WHO WAS SPEAKING.
BUT
UH, SO WHAT IS IT THAT, UH, IS BEING PROPOSED? MADAM CHAIR? THANK YOU.
UM, FA HAS SIGNED A, UH, UH, UH, AN AGREED TO THE, TO A NUMBER OF CONDITIONS THAT HAVE BEEN DISCUSSED WITH THE TOWN, UH, WITH THE C B A COUNSEL AND, UM, MR. QUIANA, THE C E O OF BAIL INDUSTRIES HAS SIGNED THAT AGREEMENT.
IT'S BEEN, UM, DISTRIBUTED TO THE C B A, THE CBA, A ATTORNEY AND THE TOWN.
AND, UH, AS A RESULT OF THAT READ REQUEST, WE HAVE FAILED THAT THE, UH, MATTER TODAY, THE APPEAL BE ADJOURNED.
NOTICE SEPTEMBER 21ST MEETING.
UH, AND WE WILL ADDRESS, UH, OTHER ISSUES THEN, UH, RELATED TO THIS APPEAL AS WELL AS THE AMENDED SPECIAL PERMANENT APPLICATION THAT DATE.
SO THE REQUEST FOR THE ADJOURNMENT.
HAVING HEARD THE REQUEST THAT IS MADE, UM, DO WE HAVE A MOTION? MOTION ADJOURN.
TIRED AT THIS POINT I THOUGHT WE NEEDED MOTION.
[02:40:01]
NO.SO, SO WE'RE ADJOURNING FOR ALL PURPOSES.