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READY? YES.[ TOWN OF GREENBURGH PLANNING BOARD AGENDA WEDNESDAY, September 20, 2023 – 7:00 P.M. Meetings of the Planning Board will be adjourned at 10:00 p.m. ]
GOOD EVENING, LADIES AND GENTLEMEN.WELCOME TO THE WEDNESDAY, SEPTEMBER 20TH, UH, MEETING OF THE PLANNING BOARD.
MR. SCHMIDT, PLEASE CALL THE ROLE CHAIRPERSON SCHWARTZ.
AS OF NOW, MS. DAVIS IS NOT PRESENT.
UM, I HAD ONE COMMENT, WHICH I, I HAVE ALSO, OKAY, I'LL, I'LL GET TO, I HAD ONE COMMENT ON, ON THE, UH, THAT WAS ON PAGE THREE, I THINK.
WHAT WAS THAT WAS ON THE PUBLIC HEARINGS.
YEAH, ON THE, WE HAVE A, AN HONOR AGAIN, OFF, AGAIN, PUBLIC HEARING BECAUSE, UH, THERE WAS A MEMBER OF THE PUBLIC WHO WAS LATE IN GETTING ON AFTER WE CLOSED THE PUBLIC HEARING TO REOPEN THE PUBLIC HEARING AS A RESULT OF THAT PERSON.
AND IT NEEDS TO BE EXPLAINED IN THE MINUTES AND EXACTLY WHAT HAPPENED.
SO THAT THAT'LL BE EXPLAINED IN, IN THE MINUTES AS REVISION.
AND THEN YOU'LL BE REFERRED TO THE MINUTES FOR, FOR THAT, UH, PERSON'S COMMENTS.
CAN YOU SPEAK LOUDER OR CLOSER TO THE MIC, PLEASE? YES, SIR, I WILL.
SO THAT, THAT WILL BE REFLECTED IN, IN THE MINUTES.
THAT'S MY CHANGE, CORRECT? I THINK, UH, REGARDING THE, ON PAGE FOUR.
UH, I THINK THERE IS A, UH, SOME EMOTION ABOUT MIKE ASKING QUESTION REGARDING THE TOWN CODE IS TOO RESTRICTIVE.
UH, IN LIGHT OF EVOLVING, WHERE ARE YOU? CORRECT.
WHERE? ON PAGE FOUR? UH, THE THIRD PARAGRAPH, FOURTH PARAGRAPH.
FULL THIRD FULL PLAYER STARTS MR. DESAI? YEAH.
SO SOMEWHERE IN THAT, UH, I THINK YOU CAN PUT IT IN.
IT SAID, I ASK FOR THE, IS THE COUNT CODE TWO RESTRICTIVE IN LIGHT OF EVOLVING TECHNOLOGY OF THE BEST? UH, AND, UH, THE ANSWER? I THINK IT WAS AFFIRMATIVE ANSWER.
ANY OTHER, UH, CHANGES TO MINUTES, WALTER? UH, NO.
I WAS NOT AT THE MEETING, BUT I, I VIEWED THE ENTIRE, UH, UH, UH, MEETING, SO I FEEL COMFORTABLE IN THE BOOKING.
CAN I HAVE A MOTION TO APPROVE THE MINUTES AS AMENDED, MA'AM? SO MOVED.
GOOD JOB AGAIN, MATT, ON A VERY LONG MEETING.
YOU DID AN EXCELLENT JOB ON THIS.
UH, CORRESPONDENCE, REALLY THREE THINGS I WANTED TO DISCUSS IN CORRESPONDENCE.
FIRST LAST MEETING, WE INTRODUCED, UH, ROSE KRIST AS OUR NEXT, UH, PLANNING BOARD ALTERNATE.
UNFORTUNATELY DUE TO COM, ADDITIONAL COMMITMENTS IN HER JOB.
SHE HAS DECIDED TO, UH, TURN DOWN THE POST AND WE'RE CURRENTLY RECRUITING A NEW ALTERNATE.
UH, ANYBODY INTERESTED SHOULD CONTACT GARY DUQUE, UM, AND THE, UH, DEPARTMENT OF COMMUNITY DEVELOPMENT.
SO GOOD LUCK TO ROSE AND HER, HER EXPANDED RESPONSIBILITY PLANNING BOARD DATES.
UM, IT WAS SENT OUT IN THE MAIL ON, THERE WERE A COUPLE OF CONFLICTS, UH, ONE BEING JUNETEENTH, ANOTHER ONE ACTUALLY, IT ENDED UP US HAVE LIKE THE DAY BEFORE OF INDEPENDENCE DAY, THE EVENING BEFORE.
AND THEN TWO CONFLICT WITH TWO OF THE JEWISH HOLIDAYS.
WE'VE ADJUSTED THOSE IN THE SCHEDULE, UM, TO AVOID THOSE CONFLICTS BY MOVING TO TUESDAY INSTEAD OF WEDNESDAY.
UM, ANY QUESTIONS ABOUT THAT? AND THEN WE NEED TO TAKE A VOTE, RIGHT? NO DOUBT IT.
ALL FOUR THAT ARE HIGHLIGHTED? YEAH.
ALL FOUR THAT WE HAVE THE CONFLICT IN.
DO WE NEED TO TAKE A VOTE OR NO? UH, YOU MIGHT AS WELL.
CAN I HAVE A MOTION TO APPROVE THE MEETING DATES FOR 2024 THEN? SO MOVE.
UM, FINALLY CHRISTMAS PARTY, UM, THIS YEAR DUE TO, UH, A LOT OF TRAVELING AND THINGS LIKE THAT, UH, IT'S GONNA BE VERY DIFFICULT TO DO IT ON A FRIDAY.
OKAY? UH, WHAT I'M GONNA SUGGEST,
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WHAT IS THAT WE CONSIDER DOING IT? WHAT WOULD'VE THE SECOND, UH, WEDNESDAY OF DECEMBER BEEN? IF WE HAD A PLANNING BOARD MEETING? I THINK THE 13TH, BUT LEMME DOUBLE CHECK.'CAUSE YOU'RE STILL YEAH, IT WOULD'VE BEEN THE 13TH.
SO I WOULD, I WOULD TRY TO SHOOT FOR THE 20TH, PROBABLY 19TH.
THAT WEEK WAS THE WEEK AFTER THAT, IF THAT'S POSSIBLE.
DOES ANYBODY HAVE A PROBLEM WITH FRIDAY 20TH? NO, IT WOULD BE A WEDNESDAY.
THE PROBLEM WAS THE ONLY FRIDAY THAT WOULD REALLY WOULD WORK WOULD BE THE FRIDAY BEFORE CHRISTMAS.
SO WE'RE THINKING OF THAT MAYBE THE 20TH OF DECEMBER FOR TARGET, IF THAT'S OKAY WITH EVERYBODY.
A QUESTION? QUESTION? YES, SIR.
I, I THOUGHT THE GOAL WAS IN DECEMBER.
WE DO NOT HAVE THE SECOND, UH, PLANNING BOARD MEETING.
SO IT WOULD BE ON THAT WEDNESDAY THAT WE WOULD NORMALLY HAVE A MEETING.
SO THAT'S NOT THE ISN'T THAT SOMETHING? NO, THAT, THAT WOULD BE THE 13TH.
AND UNFORTUNATELY TOM IS STILL AWAY TILL THE 15TH.
OH, THAT WAS THE REASON I PICKED THE WEEK AFTER THAT.
WELL, THE 20TH, THE THIRD WEDNESDAY IT IS THE THIRD WEDNESDAY.
IT'S TYPICALLY WOULD BE A PLANNING BOARD MEETING EXCEPT OH, WOULD IT? IT WOULD, YES.
OH, THE 20TH WOULD BE THE MEETING.
SO WE'RE GONNA DO IT IN REPLACEMENT OF, WE DON'T HAVE A MEETING ANYWAY IN PLACEMENT.
WHAT WOULD BE, IF WE HAD TWO, TWO MEETINGS IN DECEMBER AND DO THAT AS THE, AS THE IAN PARTY.
AND, UH, I CAN JUST GET IDEAS FOR ANYBODY.
OBVIOUSLY WE WANT TO CONTINUE TO DO IT WITH GREENBERG BUSINESSES IF WE CAN.
I'VE GOT A COUPLE OF IDEAS FOR THIS YEAR.
THE FIRST CASE IS PB 2130, WHICH IS CASAL 30, UH, 34, 40, 50 0, 0, AND 10 SAWMILL RIVER ROAD.
DO WE HAVE, UH, DAVID OR SOMEBODY FROM, UH, HIS FIRM ON PHONE? WE HAVE KATE ROBERTS.
HOW ARE YOU GUYS? GOOD, GOOD SEEING YOU.
THIS IS ACTUALLY FOR A FINAL SUBDIVISION, AMONG OTHER THINGS.
UM, MR. UH, SCHMIDT, WAS THERE ANY SUBSTANTIVE CHANGE FROM WHEN WE DID THE PRELIMINARY APPROVAL? NO.
ARE THERE ANY SPECIAL, UH, SPECIAL CONDITIONS THAT WE SHOULD BE MAKING PEOPLE AWARE OF IN THE, IN THE APPROVAL? THERE AREN'T ANY NEW SPECIAL CONDITIONS THAT WEREN'T ALREADY INCLUDED.
IN THE PRELIMINARY SUBDIVISION, THE STANDARD CONDITIONS WE HAVE FOR STEEP SLOPE PERMITS AND SITE PLAN, YOU KNOW, ARE INCLUDED IN THIS DECISION.
UM, IN WHICH CASE, UNLESS ANYBODY HAS ANY QUESTIONS, I, I WILL ENTERTAIN A MOTION TO WAIVE THE PUBLIC HEARING ON THE FINAL SUBDIVISION.
TOM? UM, WOULD YOU DO THAT AS A SECOND? SECOND.
CAN I HAVE A MOTION TO APPROVE THE FINAL SUBDIVISION? SO MOVED.
CAN I HAVE A MOTION TO APPROVE THE AMENDED SITE PLAN? SO MOVED.
CURETTE, CAN I HAVE A SECOND PLEASE? SECOND, SECOND.
CAN I HAVE A MOTION TO APPROVE THE STEEP SLOPE PERMIT? SO MOVE.
AND FINALLY, CAN I HAVE A MOTION TO APPROVE THE T TREE REMOVAL PERMIT? SO MOVED.
SECOND TOM? ALL IN FAVOR? AYE.
ALL OPPOSED? I HAVE A QUESTION.
DID WE VOTE TO APPROVE THE FINAL SITE PLAN? YES.
WHAT WAS THE FIRST MOTION TO, TO WAIVE THE PUBLIC HEARING FOR THE FINAL, FINAL SUBDIVISION.
HOW ABOUT THE SECOND MOTION APPROVE FINAL SUBDIVISION.
YOU HAVE TO WAIVE THE HEARING FIRST AND THEN APPROVE.
SO IS APPROVE THE FINAL SUBDIVISION AND APPROVE THE AMENDED SITE PLAN? YES.
I'M NOT SURE UNDERSTAND THE DIFFERENCE.
COULD YOU EXPLAIN IT TO ME? YOU WANT ME TO DO THAT NOW? SURE.
IF, IF YOU WANT, GO AHEAD BRIEFLY.
SO THERE'S A SUBDIVISION IN CONNECTION WITH THE APPLICATION TO REALLY A RE SUBDIVISION TO COMBINE LOTS AND ELIMINATE INTERIOR LOT LINES.
THAT'S JUST TO ELIMINATE INTERIOR.
THE SITE PLAN'S, THE ACTUAL SITE WORK.
UH, LET THE RECORD SHOW THAT, UH, LESLIE DAVIS HAS NOW JOINED US AND IS A VOTING MEMBER OF THE BOARD, OBVIOUSLY.
THE NEXT CASE WE HAVE IS, UH, PB 2311.
I THINK WE HAVE STEVE ANDERSON ON THE
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PHONE ON ZOOM, AND WE HAVE THE APPLICANT'S SITTING IN THE THIRD ROW.GUYS YOU PAID FOR, FOR FIRST RECEIPT.
BUT SERIOUSLY, COME UP TO THE, COME UP TO THE, UH, TO THE MICROPHONE PLEASE.
THE LAST TIME WE SAW THIS, IT WAS REALLY, I BELIEVE, AND CORRECT ME IF I'M WRONG BOARD, BUT, UH, THERE'S REALLY ONE, UH, CRITICAL QUESTION THAT WE HAD, WHICH WAS ABOUT THE DRAINAGE.
PARTICULARLY THE DRAINAGE AS IT WENT TO THE DOWNHILL SIDE BY THE, BY THE, BY THE, UM, DRIVEWAY IN PARTICULAR.
I KNOW THERE WAS CONCERN AT THE TIME ABOUT THE BEDROCK AND STUFF UNDERNEATH AND HOW YOU COULD EXECUTE THAT.
SO I GUESS MR. ANDERSON IS HERE, WILL COMMENT ON THAT FOR US.
UH, SO YES, I HAVE, UH, SUBMITTED SOME, UH, DRAINAGE PLAN TO THE, TO THE TOWN ENGINEER.
MAYBE, UH, YOU CAN SHARE THE SCREEN.
CAN YOU SEE THAT? I KNOW MY GRAPHICS CAR MUST BE SLOG
IT'S THE DARK, THE DARK STUFF MAKES IT HARDER, BUT OKAY.
SO I THINK THE MAJOR CON CONCERN WAS THE FRONT YARD AND, UH, CAN YOU SEE THAT? YEAH, YEAH.
UH, IS BASICALLY THE FRONT YARD.
UM, WHAT WE SEE HERE IS, I DID A STUDY, UH, OF THE PRE-DEVELOPMENT RUNOFFS WERE 25 AND 100 YEAR STORM.
SO, UH, YOU'RE SEEING HERE THE CONDITIONS AS THEY ARE NOW, UH, MOST OF THE ROOF IS NOT DIRECTED TO ANY SYSTEM OR A SYSTEM THAT WAS PROBABLY DESIGNED WAY BACK WHEN THE HOUSE WAS BUILT.
UH, SO, UH, IF THERE IS ANYTHING, MOST OF IT DOES DUMP OUT ON THE GROUND.
UH, SO I DID A STUDY AS IT WAS BE BEFORE, UH, YOU KNOW, SHOWING THE EXISTING DRIVEWAY, WELL, IT WAS, IT'S ACTUALLY TWO EXISTING DRIVEWAYS.
AND, UH, SHOW HOW THE DRAINAGE PATH COMES DOWN THE SIDE AND ACROSS AND TO THAT CORNER.
SO I LOOKED AT IT AFTER THE POST DEVELOPMENT, AFTER WE MAKE OUR IMPROVEMENTS.
AND ESSENTIALLY WHAT'S HAPPENING IS WHAT YOU'RE SEEING IS THE DASHED AREAS ARE GOING INTO A NEW CULTEC SYSTEM.
UH, I STILL ACCOUNT FOR THE, UM, THE EXISTING NON-CONFORMING DRIVEWAY.
AND I DID A STUDY INCLUDING THE, UH, THE, UH, NEW, NEW CONFIGURATION IN FRONT OF THE HOUSE.
AND I, AND I GET A 16% REDUCTION ON BOTH THE 25 AND AND A HUNDRED YEAR STORM.
SO, UH, THAT'S BASICALLY HOW IT STANDS AS FAR AS THAT.
AND I KNOW YOU WERE CONCERNED THAT, AND KEEP IN MIND YOU'LL ALSO BE PLANTING THINGS IN THIS CORNER, WHICH WILL SLOW, SLOW THINGS DOWN AND THAT, YOU KNOW, SO WE'RE LOOKING AT A, A REDUCTION IN THE POST-DEVELOPMENT BECAUSE WE ARE TAKING GOOD PORTION OF THE ROOF AND PUTTING IT INTO A SYSTEM THAT'S MORE UP TO DATE AND MORE, YOU KNOW, WILL WORK MORE SO.
SO IF YOU HAVE ANY QUESTIONS ON THAT OR ANY QUESTIONS FROM THE BOARD ON THAT, DID WE GET ANY INPUT FROM OUR ENGINEERING DEPARTMENT OR THAT WOULD COME LATER IN TERMS OF THE ACTUAL REDUCTION? SO, YES, I HAD A CONVERSATION WITH JASON OLO, THE TOWN ENGINEER, AND HE DID REVIEW THE PLANS AS WELL AS THE ANALYSIS DONE BY THE APPLICANT.
HE SAID IF THE SYSTEM'S INSTALLED AS DESIGNED, IT'S ACCURATE IN THAT THERE WILL BE A REDUCTION IN THE POST-DEVELOPMENT VERSUS THE PRE-DEVELOPMENT.
THE ONLY QUESTION HE REALLY HAD IS THAT THERE WAS MENTION OF ROCK ON THE SITE ON THE LOWER END, AND IF IN THAT FRONT YARD WHERE THOSE COAL TEXTS ARE SHOWN THERE'S ANY ROCK, THEN UM, THERE COULD BE, YOU KNOW, A SYSTEM REDESIGN REQUIRED.
AND THAT'S WHAT HE, HE, THAT'S WHAT HE SAID.
HE ASKED IF THERE WAS ANY EXPLORATORY, YOU KNOW, TESTING DONE TO CONFIRM THAT THE SYSTEM AS DESIGNED, UH, WOULD, WOULD FUNCTION PROPERLY.
AND I DID SPEAK TO MR. ANDERSON ABOUT THAT.
HE SAID THAT THEY HAVEN'T DONE THAT EXACT WORK YET.
THAT TYPICALLY WOULD COME AFTER ANY APPROVAL PLAN, USE BOARD APPROVALS, UM, WHEN THEY'RE WORKING WITH THE TOWN'S BUREAU OF ENGINEERING ON THE STONEWATER MANAGEMENT PERMIT.
I MEAN, WE, WE HAVE ASKED FOR PERCOLATION TESTS
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BEFORE, DURING SITE SITE PLAN APPROVAL AND THINGS LIKE THAT IN THE PAST.SO IT WOULDN'T, UH, I ASKED THEM ABOUT THE PERC TEST 'CAUSE THE BOARD HAS ASKED THAT.
IN CERTAIN INSTANCES IT'S NOT ACTUALLY A PERC TEST.
IT'S A DIFFERENT KIND OF TEST.
STEVE, DO YOU KNOW OFFHAND? I FORGET? YEAH, WELL WE WOULD PERFORM THE PERC TEST ANYWAY AND, UH, THE DEEP TEST PIT, UH, THAT'S MORE THE CHECK FOR GROUNDWATER AND ROCK.
UH, AND I THINK THAT'S WHAT THE ENGINEER, UH, WANTS, WHICH WE WILL PERFORM IF YOU WANT, EVEN BEFORE, YOU KNOW, UH, PUBLIC HEARING OR WHATEVER.
SO IT NEED TO BE BEFORE THE PUBLIC HEARING.
IT WOULD NEED TO BE, I, I, I DON'T KNOW HOW THE REST OF THE BOARD FEELS, BUT I'D BE MORE COMFORTABLE IF IT WAS BEFORE APPROVAL FOR SURE.
WE'VE GOT A WAYS TO GO BEFORE FOR THE PUBLIC HEARING.
'CAUSE YOU GOTTA GO TO THE ZONING BOARD ANYWAY, SO YOU GOT TIME TO DO IT.
BUT YEAH, IF YOU WANNA SPEAK, YOU HAVE TO COME TO THE, COME TO THE MIC AND STATE YOUR NAME PLEASE.
UH, DOUG COLLINS, THE HOMEOWNER.
I DON'T KNOW IF THIS HELPS, BUT JUST ANECDOTALLY, IF YOU'RE LOOKING AT THE, I'M SORRY, I DON'T THINK THAT MICROPHONE IS ON.
UM, IF YOU'RE JUST LOOKING AT THE SITE MAP, SO WITH THE TWO DRIVEWAYS FROM YOUR PERSPECTIVE, THERE'S ACTUALLY LITER, LIKE THAT CORRUGATED PIPE, IT'S BURIED UNDER, IT MUST COME FROM A DOWNSPOUT.
IT ACTUALLY GOES RIGHT THROUGH WHERE THE DRY WELLS ARE SUPPOSED TO BE AND COMES OUT RIGHT THERE.
SO I DON'T KNOW IF THAT HELPS.
YEAH, IT LEAKS OUT WHERE THAT YELLOW RETAINING WALL IS.
THAT'S WHERE IT LEAKS OUT RIGHT.
WELL, THAT'S MAYBE, SO IT'S PRETTY DEEP.
THAT MAY BE A GOOD REASON THOUGH, THOUGH.
IS IT? IT'S ONE OF THE, IS IT ONE OF THE PERFORATED PIPES OF THE YEAH, IT'S LIKE THAT BLACK PLASTIC.
THERE'S TWO DIFFERENT ONES AND IT'S, IT, UH, DISSIPATES INTO THE GROUND RATHER THAN JUST COMES OUT OUT OF THE STREET.
THAT, THAT'S HOW THINGS WERE DONE.
YEAH, I KNOW, BUT THAT, THAT, THAT IS EXACTLY OUR CONCERN IF RUNNING DOWN THE DRIVEWAY.
THEY'RE GONNA TIE I UNDERSTAND THAT.
THE ONLY OTHER QUESTION, STEVE, STEVE, DID YOU TALK TO THE ENGINEER AT ALL ABOUT PERMEABLE PAVERS FOR THAT'S WHAT I, UH, IN THAT SECTION REALLY WORKS.
THE, UH, THIS SECTION, THE, THIS PART OF THE DRIVEWAY THAT WE'RE POSING, UH, WE DO KNOW ROCK.
THERE IS ROCK THERE AND YOU REALLY NEED A, UH, UH, UH, A GRAVEL BEDDING THAT WILL TAKE IT.
AND, AND ALSO SOIL THAT WOULD, YOU KNOW, ABSORB IT.
WELL, COULD, COULD YOU DO IT FOR THE UPPER PART OF THE, THE UPPER DRIVEWAY? WHERE? OVER THE CALEX? UM, I COULD EVEN LOOK INTO IF, YOU KNOW, ONCE WE GET AN IDEA AND DESIGN, I, I COULD PUT IT A TRENCHED, YOU KNOW, A DRAIN AT THE EDGE OF THE PROPERTY LINE, THAT WOULD BE HELPFUL AND PICK THAT UP AND PUT IT INTO THE CONTACT.
SO IT'S JUST EASIER, YOU KNOW.
I LIKE THE IDEA OF A TRENCH SHARING, STEVE.
I THINK THAT WOULD, THAT WOULD BE HELPFUL.
ALSO, YOU CAN, UH, I THINK IF YOU HAVE A, UH, ABOUT 12 INCH OF GRAVEL THAT WILL BE ENOUGH FOR ALL THE WATER AND, UH, REDUCE THE OUTFLOW INTO EITHER CULTECH OR ON, ON THE PROPERTY.
SO YOU'RE SAYING, SO LOOK INTO IT.
TO HAVE A, YOU'RE GONNA PUT A GRAVEL.
BUT UNDERNEATH THE SOIL IT'S INFILTRATED, BUT THERE'S NOT MUCH, IT'S ROCK AND YOU'RE GOING TO GET FROST HEED AND EVERYTHING LIKE THAT FROM THE WATER THAT DOES, DOESN'T MOVE.
SO THAT'S WHY I LIKE TO TRY TO AVOID THAT.
WELL, I, I, I THINK THEN YOU SHOULD LOOK INTO THE PER, PER PAPER, UH, SPECIFICATIONS.
THEY'RE USUALLY MEANT TO HOLD UP THE WATER, NOT REALLY GO DOWN TO IT, AND THEN IT RELEASES.
SO CHECK, CHECK WITH THE UNI BLOCK OR SOME OF THESE MANUFACTURERS AND THEY HAVE A SPEC THAT YOU CAN USE IT.
ANY OTHER QUESTIONS FROM THE BOARD ON THIS ONE? WELL, UM, I, WHAT WE ARE AT NOW, AND, AND I, WE NEED TO DISCUSS THIS A LITTLE BIT TOO FOR A SECOND.
UM, WE'RE AT THE PLACE WHERE WE NEED TO MAKE RECOMMENDATION TO THE, UH, ZONING BOARD ON THE, UH, TWO VARIANCES, WHICH ARE WHAT? LEMME, UM, MINIMUM DISTANCE FROM PATIO TO SIDE PROPERTY LINE 10 TO 8.8 AND THE MINIMUM SETBACK OF THE DRIVEWAY FROM THE SIDE YARD, WHICH IS EIGHT TO ZERO.
UM, WHICH IS WHAT IT IS NOW, I BELIEVE.
ACTUALLY I HAVE IT UP ON THE SCREEN NOW.
UH, THERE IS A SECTION OF THE PATIO UNDERNEATH THE STEPS THAT IS 7.7.
SO I THINK MAYBE WE SHOULD, YOU CAN SEE IT RIGHT HERE.
SEE THE PATIO COMES AROUND TO MEET THE, THE EDGE OF THE STEPS.
WHICH DRIVE, WHICH DRIVEWAY IS IT THAT NEEDS THE ZERO? SO THE NEW ONE, UH, THE, THE, UH, EXISTING ONE AND IT'S ABOUT A FOOT.
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TO THE PROPPING LINE.UM, THIS IS THE, SORRY NOT TO, IT'S ABOUT A FOOT.
IT'S ON THE RIGHT HAND SIDE, RIGHT? YEAH, YEAH.
WE HAVE LETTERS FROM THE NEIGHBOR THAT IT GOES UP TO.
AND THEN ALSO THE, SO TO SPEAKING TO THE MICROPHONE.
AND YOU CAN SUBMIT THE LETTERS TO AARON TOO.
UM, YEAH, WE HAVE TWO LETTERS FROM THE NEIGHBORS WHO, THOSE ARE ON THAT PROPERTY LINE TO THE, TO THE LEFT OF YOUR PROPERTY.
WOULD YOU BE THE, AS WE'RE LOOKING AT IT, TO THE RIGHT OF YOUR PROPERTY, CORRECT? YEAH.
WELL WHAT I'LL READ THEM IF YOU'D LIKE.
SO, UH, THIS IS FROM MR. JAMES WATERS OF 25 PINE LANE.
AND IS THAT UP SLOPE OR DOWN SLOPE? UH, UP SLOPE.
I RESIDE AT 25 PINE LANE, ABUTTING THE COLLINS PROPERTY TO THE NORTH UP SLOPE.
I HAVE NO OBJECTION TO THEIR PROPOSED RETAINING WALL AND PATIO AND ACKNOWLEDGE THAT IT WILL BE WITHIN THE NORMAL 10 FOOT SETBACK.
I ALSO HAVE NO OBJECTION TO THEM BEING ABLE TO KEEP THEIR EXISTING UPPER DRIVEWAY AND CURB CUT TO THE LACK OF STREET PARKING AND SHORT SUPPLY DRIVEWAY SPACE ON PINE LANE.
WE OFTEN RELY ON EACH OTHER FOR EXTRA SPACES IF WE ARE HAVING GUESTS OVER OR WORK CREWS OVER.
PINE PINE LANE NEEDS MORE PARKING, NOT LESS.
SECOND, UH, FROM MR. AND MRS. ELLE OF 19 PINE LANE.
IS THAT OH, THAT'S OUR ADDRESS.
THREE MOUNT PLEASANT, PLEASANT LANE.
MOUNT PLEASANT IS SO THERE WHERE THE PATIO IS.
SO IF YOU, STEVE, I DON'T KNOW IF YOU CAN SCROLL UP.
YEAH, IT'S BEHIND US, BUT OKAY.
THERE PROPERTY KIND OF ABUTS WHERE THE, IT'S BEHIND PATIO IS 25.
SO IT SAYS HERE THAT, UH, WE LIVE AT THREE MOUNT PLEASANT LANE AND OUR YARD IS ADJACENT TO THE COLLINS' YARD.
WE ARE ON THE NORTH SIDE OF THEIR PROPERTY AND WE ABSOLUTELY HAVE NO OBJECTION WITH THEM BUILDING A PATIO AND RETAINING WALL.
AND WE ARE AWARE THAT IT WILL BE WITHIN THE NORMAL 10 FOOT SETBACK.
WE HAVE NOBODY ON THE OTHER SIDE WHERE YOU HAVE THE, WHERE THE DOWNSIDE, THE DOWNSIDE YOU HAVE NOBODY ON THE DOWNSIDE.
THEY'VE GOT MONEY TALKED, TALK TO.
NO, THEY'RE, WE JUST FIGURED IT'S, WELL, THEY, THERE'LL BE NOTICE FOR PUBLIC HEARING IF THEY WANNA COME OUT AND SAY SOMETHING.
I THOUGHT LIKE FOR THIS PART, THIS DOESN'T AFFECT THEIR PROPERTY.
'CAUSE THEY'RE LIKE ALL THE, I MEAN, I KNOW OTHER THINGS EFFECTS, IT'S DOWN DOWNHILL.
BUT THE CONCERN WATERER DOES NOT GO UPHILL.
SO WHEN YOU'RE TALKING ABOUT A DRAINAGE ISSUE, THE CONCERN IS GOING DOWNHILL.
IT CAN BE RIGHT NEXT DOOR, IT CAN BE THREE HOUSES, YOU KNOW, THREE, YOU KNOW, THREE PROPERTIES DOWN.
IF IT'S GOING DOWNHILL AND THERE ISN'T A GOOD STORM, STORM DRAIN ON THE STREET, IT CAN I KNOW.
'CAUSE I HAVE THAT SITUATION IN MY HOUSE OKAY.
WHERE I GET EVERYBODY ELSE WATER COMING DOWN THE STREET.
THAT'S WHY YOU ASKED THE DOWNHILL.
I, YOU DON'T HAVE TO GET LETTERS FROM EVERYONE, BUT YOU WANT TO MAKE THEM AWARE OF IT BECAUSE THEY'RE GONNA FIND OUT THAT THERE'S A PUBLIC HEARING AND IF THEY'RE, THEY'RE GONNA GET A LETTER.
IF THEY FEEL STRONGLY ONE WAY OR ANOTHER, THEY MAY SHOW UP AND YOU DON'T NEED TO NO, I JUST THOUGHT BEFORE THE PUBLIC HEARING WE WOULD, YOU KNOW, IF YOU CAN, IT'S, DOES THAT MAKE SENSE? IF YOU CAN GET THE COMMITTEE, IT'S A SUGGESTION TO TALK TO THEM ABOUT IT ALL BETTER.
WE'D RATHER MAKE SURE SHORTER PUBLIC HEARING AND WORK
SO WE'D PREFER THAT HA HAPPENING AND GET ANYTHING OUT LIKE THAT.
BUT IF THEY DON'T AND THEY WANT TO SHOW UP, THEY GET NOTICE FOR THE PUBLIC HEARING ANYWAY.
AND THESE LETTERS OF SUPPORT RELATE TO THE IMPROVEMENTS YOU PROPOSE AND THE VARIANCES THAT YOU'RE REQUESTING.
SO MAKE SURE THAT WHEN YOU MOVE, WHEN YOU MOVE FORWARD WITH THE ZONING BOARD OF APPEALS, THAT YOU PROVIDE THESE, OF THESE LETTERS TO THE ZONING.
I DON'T KNOW IF WE HAVE COPIES OF THAT.
THOSE ARE THE ORIGINAL, BUT YOU KNOW, IF YOU WANT TO HOLD ONTO THAT EMAIL IT, JUST EMAIL IT BACK, DARREN.
WHAT I DID LOOK INTO THAT ISSUE.
IT'S MORE ABOUT THE WIDTH, TOTAL WIDTH.
SO I TOTAL NO MORE THAN THREE.
REMEMBER WHEN ANTHONY, THE DRIVEWAY.
IF IT'S MORE THAN 30, WHAT ARE THESE COMBINED? EACH DRIVEWAY IS MORE THAN 30 EACH.
I KNOW I TOOK, I REMEMBER THE OLD ARM ARMY CASE.
BUT THAT'S THE ZONING BOARD'S ISSUE.
THEY CAN DO WHAT THEY, THEY WANT.
THEY JUST WANTED YOU TO BE OKAY.
WE HAD A DISCUSSION THE OTHER DAY ACTUALLY WITH GARRETT ABOUT, UM, HOW WE DO RECOMMENDATIONS TO THE ZONING BOARD.
AND I NEED TO BRING THAT UP AND I'M GONNA BRING IT UP IN PUBLIC SO EVERYBODY KNOWS WHAT WE'RE THINKING HERE.
I'D BE COMPLETELY TRANSPARENT.
UM, WE, THE REASON THERE IS NOTHING IN THE STATUTE THAT REQUIRES US TO MAKE ANY RECOMMENDATION TO THE ZONING BOARD.
AND OUR RECOMMENDATIONS ARE NOT BINDING.
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IS WE HAD A JOINT MEETING WITH THEM, I DON'T KNOW, FOUR OR FIVE YEARS AGO NOW.BEFORE MY TIME AND TIME FLIES 'CAUSE OF COVID IT FLEW, BUT WHO ACTUALLY ASKED US TO DO IT 'CAUSE WE WEREN'T DOING, 'CAUSE WE DON'T, WE DIDN'T WANT TO STEP ON ON THEIR JURISDICTION.
UM, THE QUESTION NOW IS WHETHER OR NOT WE'RE MAKING TOO MANY POSITIVE REC OR, OR NEGATIVE RECOMMENDATIONS, OR SHOULD WE BE LEAVING SOME OF THESE DECISIONS TO THE, TO THE ZONING BOARD WITHOUT A RECOMMENDATION WHERE IT'S NEUTRAL? UM, ONE OF THE THINGS, UH, G ACTUALLY YOU WERE GONNA SPEAK ON THIS.
BECAUSE GARRETT SAID SOMETHING, WHAT I THOUGHT WAS VERY ELOQUENT THE OTHER DAY TO US ON THIS.
AND AARON, I'D LIKE YOU TO JUST GO THROUGH, THROUGH, UH, THAT RATIONALE PLEASE.
SO, YES, HISTORICALLY THE PLANNING BOARD, UH, AND, AND AS CHAIRPERSON SCHWARTZ INDICATED, THE ZONING BOARD HAS INDICATED THROUGH THAT PRIOR JOINT MEETING THAT IT DOES BENEFIT TIMES FROM GETTING RECOMMENDATIONS FROM THE PLANNING BOARD ON ALL PROJECTS INVOLVING VARIANCES WHEN THE PROJECT'S ALSO BEFORE THE PLANNING BOARD.
UM, SO THE BOARD HAS HISTORICALLY ISSUED RECOMMENDATIONS.
HOWEVER, HISTORIC
AN EXAMPLE MIGHT BE IN A CASE WHERE THERE WAS A LARGE MATURE TREE THAT HAPPENED TO BE IN AN AREA WHERE IN MEETING THE ZONING ORDINANCE, THAT TREE WOULD NEED TO BE REMOVED, LET'S SAY TO EXPAND A DRIVEWAY OR WIDEN A DRIVEWAY.
BUT IF THE BOARD, THE PLANNING BOARD FELT THAT KEEPING THAT MATURE TREE THAT'S HEALTHY IN ITS PLACE AND BUMPING THE DRIVEWAY OUT INTO THE SIDE YARD SETBACK WAS SOMETHING THAT COMPELLED THE BOARD TO GO PERHAPS POSITIVE.
THAT MIGHT BE ONE REASON TO ISSUE A POSITIVE RECOMMENDATION.
BUT IF IN A MATTER WHERE IT'S STRICTLY BASICALLY THE DETERMINATION OF THE ZONING BOARD, YOU KNOW, INVOLVING A SETBACK VARIANCE OR OTHER AREA VARIANCE AND THERE'S NOTHING COMPELLING THE BOARD, TYPICALLY THE BOARD'S GONE NEUTRAL.
AND I'M HAPPY TO ANSWER ANY QUESTIONS.
ONE THING, ONE THING I RECALL EITHER ACCURATELY OR INACCURATELY THAT THE PLANNING BOARD SENT THAT ZONING BOARD SENT TO US WAS THAT WE HAVE MORE FACT FINDING ABILITY.
AND THEY DON'T HAVE THAT KIND OF SCOPE TO GET INTO FACTS THAT AREN'T BEFORE THEM.
SO THAT'S ONE REASON I THINK THAT THEY WERE INTERESTED IN OUR, YOU KNOW, RECOMMENDATIONS WAY TOGETHER.
I MEAN, I THINK GOOD RECOLLECTION, I THINK GENERALLY IT'S WORKED THAT WAY.
THE, THE ONLY QUESTION I WOULD HAVE OTHER TIMES, AND WE HAD A, A CASE FAIRLY RECENTLY ON A, ON A SMALL APARTMENT BUILDING THAT WE APPROVED, UH, WE, WE SENT A RECOMMENDATION TO THEM.
THAT ONE WAS OBVIOUS IN MY, IN MY VIEW BECAUSE WE KNOW THAT THE CHA THOSE VARIANCES WERE REQUIRED TO, TO GET THE BUILDING IN THE RIGHT PLACE AND TO MINIMIZE THE ENVIRONMENTAL IMPACT OF THAT BUILDING.
THAT WAS, THAT MAKES SENSE FOR US IN A CASE LIKE THAT WHERE WE KNOW THE PLAN COULDN'T WORK ANY OTHER WAY.
THE QUESTION IS, AND I'M REALLY OPEN 'CAUSE I REALLY DON'T KNOW HOW I FEEL ABOUT THIS, FRANKLY, BUT GO AHEAD, COR UH, I THINK, UH, UH, WITH ALL GOOD INTENTIONS, SOMETIMES PLANNING BOARD ACTS AS A, LIKE A ECONOMIC DEVELOPMENT BOARD AND WE, WE PUT A LOT OF, UH, KIND OF BUSINESS ISSUES OR THE OF THE APPLICANTS KIND OF SAYS HE WOULD, IF HE DOESN'T GET THIS THING, IS HE'S GOING TO LEAVE THE THINGS AND HE NEEDS FOR EXPANSIONS AND ALL OF THAT.
SO, UH, AND OR, OR VERY SPECIAL PERSONS COMING INTO DOING IT, UH, UH, SOME KIND OF PROJECTS.
AND WE GIVE THEM A ALL POSITIVE FOR DOING IT.
AND I KNOW MY 10 PLUS YEARS ON THE PLANNING BOARD, BUT WE HAD A TONS OF, UH, VARIANCES AND WE SAY DO IT, ONE OF THEM IS A DANCE STUDIO NEVER GOT DOWN AND THEY NEVER GET ANYWHERE BUILT BECAUSE IT WAS JUST NOT IMPOSSIBLE FOR, FOR THE PERSONS TO DO IT.
BECAUSE WE WERE VERY EXCITED ABOUT THE PERSON CAME AND HE SAYS HE'S GONNA COME AND DO GREAT THINGS IN THE TOWN THAT'S AT THE CORNER OF THAT, UH, EL DORADO, UH MM-HMM.
SO I THINK WE, UH, WE SHOULD BE VERY, VERY CAREFUL OF NOT BECOMING LIKE A, A SORT OF BUSINESS DRIVEN, BUSINESS DRIVEN, UH, POSITIVE RECOMMENDATION.
AND THEN RECENTLY, THE ONE THAT PLAN, THE ZONING BOARD PUSHED BACK ON US THAT, UH, UH, THAT, THAT BUILDING THAT WAS WITH THE 70, 75 FEET HEIGHT AND THEY WERE, AND, AND
[00:30:01]
I THINK THAT WAS, THAT WAS CLEARLY BEYOND OUR, UH, WELL, WE DID HAVE, SO I THINK PUBLIC INPUT THAT WAS NEUTRAL CONCLUDE.I THINK WE SHOULD BE MORE GIVING NEUTRAL.
WHAT WE USED TO DO IT WHEN I JOINED IT, MAJORITY OF WERE NEUTRAL VERY, VERY OCCASIONALLY.
SO, YOU KNOW, I'M, I'M THINKING OF THIS ISSUE HERE.
IF YOU'D LIKE TO LOOK AT THE DRIVEWAY, WE HAVE PICTURES OF ALL THE DRIVEWAYS UP AND DOWN THE STREET, IF THAT WOULD HELP.
I MEAN NO, WE'RE TALKING ABOUT, WE'RE JUST TALKING ABOUT YOUR PROPERTY.
AND, AND SO, AND THEN WE HAVE THE NEIGHBORS, YOU KNOW, AND THE STREET ISSUES WITH NO OBJECTION.
THAT'S SOMETHING THAT THE ZONING BOARD, I MEAN, LOOKING AT THAT, I'D SAY YEAH, GIVE 'EM A POSITIVE RECOMMENDATION.
BUT ON THE OTHER HAND, YOU KNOW, LISTENING TO YOU GUYS, I'M THINKING THE ZONING BOARD HAS EXACTLY THE SAME INFORMATION AS US.
IT'S NOT REALLY A PLANNING ISSUE.
UM, WHY SHOULD WE GET INVOLVED WHEN THEY CAN TAKE THE SAME INFORMATION AND MAKE THEIR OWN DECISION? I'M GONNA PUT ONE OTHER PIECE IN THERE.
AND I THINK IT'S HOW WE WRITE THE RECOMMENDATION TOO.
IT'S NOT JUST POSITIVE AND NEGATIVE.
IT DOESN'T HAVE TO BE BLACK AND WHITE.
ONE OF THE PROBLEMS, AS YOU RECALL, WHEN WE WENT BACK AFTER THAT, WE HAD ONE MEETING AFTER THEY AGREED TO, THEY ASKED US TO DO THIS.
I'M NOT SURE YOU'RE AT THAT MEETING.
THERE WAS ONE OTHER JOINT MEETING, WHICH, WHICH WITH THE, WITH A ZONING BOARD.
AND THEY WERE TAKING OUR NEUTRAL RECOMMENDATIONS AS NEGATIVE.
SO WE HAVE TO BE VERY CAREFUL JUST IN THE WAY WE'RE WRITING WORDING FOR, FOR INSTANCE, I GIVE YOU AN IDEA WHAT WE COULD DO IN THIS ONE IF WE WANTED TO GIVE IT A NEUTRAL RECOMMENDATION.
SO IT'S REALLY THE PURVIEW OF THE ZONING BOARD TO LEGALIZE THIS PROP, THESE, THESE, THESE PROPERTY.
NOT THE PLANNING, HOWEVER THE PLANNING BOARD SEES.
I THAT'S WHAT I WAS, THAT'S THE WAY I WOULD DO IT.
SO IT'S STILL NEUTRAL, BUT, BUT WHAT IT, THE, THE CONTENT SAYS WE, WE HAVE NO ISSUE WITH IT.
WELL, YOU, YOU COULD STATE THE FACTS.
YOU KNOW, WE DON'T GIVE A POSITIVE OR NEGATIVE, BUT WE DO KNOW THAT THE CONDITIONS ARE PREEXISTING AND THE IMMEDIATE ADJOINING NEIGHBORS HAVE NO OBJECTION.
AND, AND, AND THEY'VE ADDRESSED OUR ISSUES ON DRAINAGE AND THINGS LIKE THAT.
CAN, CAN I RECOMMEND THAT WE CREATE A CRITERIA.
SO AS WE'RE COMMUNICATING WITH THE ZONING BOARD, THEY UNDERSTAND WHAT A, UH, POSITIVE IS, WHAT A NEUTRAL IS AND WHAT A NEGATIVE IS.
I THINK WE NEED TO DO THAT INSTEAD OF, IT'S A GOOD IDEA.
INSTEAD TRYING TO REDEFINE WITHIN EVERY RECOMMENDATION OR NEUTRAL, YOU KNOW, UH, STANCE ON OPPOSITION.
BECAUSE AS IT STANDS RIGHT NOW, THEY'RE NOT MAKING ANY CHANGES THAT DIDN'T EXIST.
SO OBVIOUSLY THEY HAVE TO MOVE FORWARD IF THEY'RE GOING TO DEVELOP IT.
SO IN THIS CASE, IN MY OPINION, MY INTERPRETATION, THIS WOULD BE A POSITIVE BECAUSE WE SUPPORT IT.
IF NEUTRAL, WE HAD NO OPINION WHATSOEVER.
I'M TELLING YOU WHAT MY INTERPRETATION IS.
SO HOWEVER WE, WE DECIDE TO DEFINE IT, WE JUST NEED TO DO THAT UPFRONT AND KEEP IT STANDARD.
AND THEN MOVING FORWARD, WE MAY, WE NEED TO MAKE CLEAR TO THEM THAT NEUTRAL RECOMMENDATION IS NOT A NEGATIVE RECOMMENDATION.
THAT'S, I THINK THE, THE, THE, TO ME THE ISSUE IS WHOSE JOB IS IT TO REALLY DO THIS, THEIRS OR OURS? OKAY.
NOW, TO MICHAEL'S POINT, IF, IF THERE ARE THINGS WE CAN ADD, WHICH WE HAVE TO ADD HERE, WE CAN SAY WE, WE NEED TO PUT THE FACTS OUT THERE, MAKE IT EASIER FOR THEM WHEN THEY GO TO THE ZONING BOARD, BECAUSE WE KNOW WHAT THE FACTS ARE.
WE KNOW THE FACTS ARE, THESE ARE PRE-EXISTING CONDITIONS.
THEY'RE IMPROVING THE DRAINAGE FROM WHAT IT WAS.
THERE WERE PARKING ISSUES ALL OVER THE STREET.
AND THE NE NEIGHBORS WILL PRO PROBABLY HAVE A PARTY FOR THEM WHEN THEY PUT MORE PARKING ON THE STREET THAT PEOPLE ARE GOING TO USE OFF, OFF THE STREET.
UM, YOU KNOW, SO WE CAN PUT ALL THOSE IN THERE AND SAY, YOU KNOW, SO WE, WE, WE UNDERSTAND THAT, BUT AT THE END OF THE DAY, IT'S YOUR, IT'LL BE YOUR DECISION.
LEMME THROW IN ANOTHER PERSPECTIVE.
THE QUESTION IS, IT SEEMS THE ISSUE IS WHEN WE GIVE A RECOMMENDATION, THE QUESTION IS WHETHER THERE'S A PLANNING ISSUE INVOLVED.
SO IF IT'S GOOD FOR THE PLAN, IN OTHER WORDS, IF, IF, IF THE ZONING BOARD REJECTS IT, YOU KNOW, IT MAKES IT A WORSE PLAN.
AND IF IT'S GOOD FOR THE PLAN, LIKE YOUR TREE, YOU KNOW, WE WANNA SAVE THE TREE BY GIVING IT TWO ADDITIONAL TOOTH ADVANCE, THAT WOULD BE POSITIVE.
RIGHT? IF IT'S BAD FOR THE PLAN, THAT'D BE NEGATIVE.
IN THIS CASE, THIS PARTICULAR CASE, JUST, YOU KNOW, SINCE IT'S IN FRONT OF US, I'M NOT SURE IT REALLY HAS ANYTHING TO DO WITH THE PLAN.
YOU KNOW, THIS JUST A PREEXISTING CONDITION.
IT'S A PREEXISTING CONDITION, WHICH REALLY SHOULD BE LEGALIZED BY THE ZONING BOARD.
IN MY VIEW, WITH THE PROVISORS WE PUT IN THAT WE HAVE NO PROBLEM IN LEGALIZING IT.
AND, AND I MIGHT ADD WHAT MICHAEL SAYS.
[00:35:01]
IT'S ACTUALLY WHAT, WHAT THE FACTS THAT WE ARE LOOKING AT IT.SO SOMETIMES THEY DON'T, SOMETIMES THEY DON'T HAVE THE SAME, I'M NOT, IN THIS PARTICULAR CASE, THEY HAVE PRETTY MUCH THE SAME.
AND IT DOESN'T HURT TO EMPHASIZE THE FACTS.
I MEAN, WE CAN SAY A FEW LINES ONTO IT, BUT IT'S NOT REALLY CRITICAL FOR, DOES SOMEONE WANNA MAKE A MOTION ON SOMETHING HERE? I JUST WANT, I JUST WANNA SAY ONE THING.
IF THEY'RE USED TO US GIVING POSITIVES, DO IT HERE AND THEN, AND SUDDENLY WE DO A NEUTRAL, IT MAY SEEM YOU RIGHT.
I THINK IF WE'RE GONNA SET CRITERIA, WE SHOULD CHANGE HOW WE VOTE AFTER THAT AND THEN HAVE A DISCUSS, THEN MAYBE HAVE A MEETING WITH, WITH THE ZONING BOARD.
I WOULD, SO I WOULD SAY IN THIS CASE, LET'S DO WHAT WE'VE BEEN DOING.
NO, BUT I, I THINK THAT'S, BUT THEY'RE NOT GONNA KNOW.
I, YOU KNOW, LET'S, WE CAN SAY THAT IT'S A NEUTRAL RECOMMENDATION AND DON'T EVEN THINK OF INTERPRETING IT AS A NEGATIVE.
IT'S NOT, IT'S NEUTRAL BECAUSE THERE'S NO PARTICULAR PLANNING ISSUE ISSUE BECAUSE THE PROBLEM, YOU KNOW, I'M GLAD WE HAD THIS DISCUSSION.
THE PROBLEM IS IF YOU DO ISSUE TOO MANY POSITIVE RECOMMENDATIONS THAT A NEUTRAL AUTOMATICALLY SOUNDS RIGHT.
HEY, WHAT ARE WE MISSING? WELL, THAT, THAT PUT, PUT A NOTE ON.
I'M A NOTE TO YOUR POINT, IT'S NOT UNDERSTOOD, LESLIE.
I THINK WHEN IT'S TOO MANY POSITIVES, THEY LOSE THE EFFECT.
YEAH, I THINK THAT'S TRUE TOO.
I THINK IT'S A VERY GOOD POINT.
CAN I JUST, SORRY, LEMME MAKE A SUGGESTION.
AFTER THE BOARD VOTES, WE CAN DRAFT SOMETHING UP FOR THE BOARD TO REVIEW.
THE APPLICANT'S NOT MADE YOUR FORMAL APPLICATION OF THE ZONING BOARD AS OF YET, OR HAVE? I DON'T, UH, STEVE, I KNOW THAT STEVE HAVE YOU? YEAH.
SO YOU'RE NOT GONNA BE ON UNTIL NOVEMBER THE EARLIEST.
SO WE CAN, STAFF CAN DRAFT SOMETHING UP.
WE GET A SENSE OF WHAT THE BOARD'S ASKING FOR.
AND IT'LL GIVE YOU AN OPPORTUNITY TO REVIEW IT BEFORE IT GETS TRANSMITTED.
BUT LET'S, LET'S TAKE A, THEN LET'S TAKE A STRAW POLL AS TO WHERE PEOPLE ARE NEUTRAL.
IF WE HAVE ENOUGH EXPLANATION IN THERE.
BUT WE'RE GONNA MAKE IT VERY CLEAR THAT NEUTRAL IS NOT A NEGATIVE.
WE'RE GONNA EXPLAIN TO THEM WHAT, WHY WE MADE THE NEUTRAL RECOMMENDATION.
IT'S JUST, IT REALLY ISN'T, IT REALLY SHOULD BE THEIR DECISION, NOT OURS.
CAN I, CAN I JUST ASK A QUESTION? SURE.
LIKE, IS THERE, BECAUSE THIS IS LIKE THE FIRST SORT OF TIME AND YOU'RE KIND OF SETTING PROTOCOL, AND I, I UNDERSTAND WHAT'S GOING ON AND I THINK IT IS A GOOD IDEA, BUT IS THERE A WAY WHERE YOU CAN KIND OF DO THAT, LIKE AFT LIKE, YOU KNOW, BECAUSE YOU'RE DOING IT BEFORE OUR, SO THIS IS THE FIRST THING THEY'RE GONNA SEE AND THEY'RE GONNA SEE NEUTRAL AND THEY'RE USED TO SEEING POSITIVES.
NO, I DON'T THINK SO BECAUSE WE, WE, THIS ACTUALLY, WE, WE MORPHED TO THIS OTHER POSITION.
US WHO HAVE BEEN ON THE BOARD FOR A WHILE CAN TELL YOU IT SEEMED TO MORPH OVER THE LAST FEW YEARS TO, TO POSITIVE OR NEGATIVE AND VERY FEW NEUTRAL RECOMMENDATIONS.
SO IT'S ONLY OVER THE PAST COUPLE YEARS AND THERE'S A VERY EXPERIENCED CHAIR THERE AND I CAN EVEN CALL EVE AND EXPLAIN IT TO HER.
I CAN CALL YOU, I CAN GET EVA ON THE PHONE A BUNCH.
I THINK WE SHOULD MAKE IT VERY CLEAR.
WE COULD EVEN DO WE'LL SEND, LOOK, WE CAN EVEN SEND SOMEBODY, WILL, WILL THE APPLICANT GET A DRAFT OF THE RECOMMENDATION? WE CAN DO THAT.
WE'RE IN, YOU CAN, YOU CAN MAKE SOME COMMENTS.
THE BOTTOM LINE IS WE'RE IN YOUR CORNER ON THIS, UH, UH, ON THIS.
IT'S JUST HOW WE HAVE TO, HOW I THINK WE SHOULD DO IT.
THE OTHER THING TOO, AARON, I WOULD SUGGEST THAT WE SEND A MEMO TO THE Z B A OUTLINING OUR POSITION REGARDING RECOMMENDATIONS.
YOU KNOW, AND YOU KNOW, DO AND DO.
I'LL TELL YOU, I HAVE AN IDEA TO JOHAN'S POINT, JOHANN, YOU WORK, WOULD YOU SET OUT THE CRITERIA YOU WANNA, WOULD, WOULD YOU LIKE TO WORK ON, ON THAT? I MEAN, IF YOU DON'T HAVE TIME, I UNDERSTAND.
WOULD YOU LIKE TO WORK ON THAT WITH AARON? SURE.
AARON, TO WORK UP SOMETHING THAT WE CAN SEE AT THE NEXT MEETING? SURE.
WE'LL HAVE IT OUT BEFORE YOU EVER, EVER GO TO THE ZONING BOARD ANYWAY.
OR IT, IT SOUNDS EXPERIMENTAL, BUT THEY KNOW WHAT THEY'RE DOING.
I JUST LIKE, WE'VE DONE EVERYTHING THAT HAS BEEN ASKED OF US.
SO, AND WHERE AND WE'RE, AND IF YOU'RE POSITIVE, WHY NOT BE POSITIVE AND WE'RE SUPPORTING? I DON'T KNOW.
IT'S A MATTER OF JURISDICTION.
I THINK IT'S REALLY A MATTER OF JURISDICTION.
AND THAT'S WHAT WE'LL EXPLAIN TO THEM.
IT'S A MATTER OF JURISDICTION.
IT'S REALLY THEIR CALL, NOT OURS.
AND OUR OFFICE WORKS WITH THE SECRETARY OF THE ZONING BOARD OF APPEALS COUNSEL FOR THE ZONING BOARD OF APPEALS.
SO WE'LL HAVE THAT COMMUNICATION.
I MEAN, YOU CAN TALK TO ED, TALK TO ED.
IT'S NOT LY IT'LL BE TAKEN CARE OF.
IT'S NOT GONNA CHANGE WHAT WE THE DIRECTION ON, ON IT AT
[00:40:01]
ALL.YOU GUYS WE'RE VERY RESPONSIVE TO THE QUESTIONS WE HAD.
THANK YOU MR. ANDERSON FOR ADDRESSING THE ISSUES THAT WE'VE BROUGHT UP AND, AND DOING IT ON SUCH A QUICK BASIS.
AND THAT WILL BE ACKNOWLEDGED IN, IN OUR LETTER OF TRANSMITTAL TO THE ZONING BOARD.
AND YOU'LL GET TO SEE THE LETTER BEFORE IT GOES OUT.
WE'LL BE SURE TO
IT'S NOT GONNA, IT DOESN'T CHANGE WHERE, WHERE YOU'RE GOING.
IN THE INTERIM, YOU CAN BEGIN TO GET YOUR ZONING BOARD OF APPEALS APPLICATION FORM PREPARED AND YOUR DRAWING SUBMITTED SO THAT YOU CAN GET IN THE QUEUE FOR THE NOVEMBER MEETING.
YOU'LL COORDINATE THROUGH STEVE.
I FEELING HIS OFFICE HAS FOR SURE.
THAT WAS AN IMPORTANT DISCUSSION, I THINK, AND I APPRECIATE EVERYBODY BEARING WITH, WITH US, UM, ON THAT DISCUSSION.
UM, THE NEXT ONE WE NEED TO GO INTO PUBLIC HEARING, RIGHT? YES.
UH, WE WILL BE BACK IN ABOUT FIVE MINUTES UP ON THE, UP ON THE, ON THE DAY AND, UH, DO THE PUBLIC HEARING PORTION TO THE PUBLIC HEARING PORTION OF OUR MEETING THIS EVENING.
UH, MR. SCHMIDT, WOULD YOU PLEASE CALL THE ROLE? SURE.
WE HAVE ONE CASE ON THIS EVENING.
IT IS CASE PV 2316, WHICH IS A CONTINUATION OF OUR, UH, MEETING FROM PUBLIC HEARING FROM THE LAST MEETING.
LITTLE DRAGON DAYCARE AT ONE 30 CENTRAL PARK AVENUE NORTH PO DALE.
IT'S FOR A SPECIAL PERMIT FOR A CHILD DAYCARE FACILITY, AS YOU RECALL.
UM, THIS PARTICULAR SITE IS ON THE SITE OF A CHURCH AND IT WAS A, UM, NURSERY SCHOOL FOR MANY, MANY YEARS AND CLOSED.
AND NOW, UH, THEY'RE PROPOSING REOPENING.
WE HAD ONE ISSUE THAT WE, THAT CAME UP, WHICH REQUIRED, AS THEY EXPLAINED DURING THE MINUTES, THAT REQUIRE US TO REOPEN THE PUBLIC HEARING AS WE'RE ABOUT TO CLOSE IT.
SO ONE PIECE OF INFORMATION, UH, FROM, UM, A GENTLEMAN WHO HAD ACTUALLY LEASES SIX SPACES ON THE PROPERTY, WHICH REQUIRED THE, UH, APPLICATION TO BE REVISED FOR THIS EVENING.
AS I UNDERSTAND IT, MR. SCHMIDT, IT DIDN'T CREATE ANY NEW VARIANCES OR ANYTHING LIKE THAT, IS IT? CORRECT? THAT'S CORRECT.
NO ADDITIONAL VARIANCES AND NO NEED FOR A SHARED PARKING REDUCTION.
SO WOULD THERE, AND THEY ALSO UNDERSTAND IT, THE OTHER ISSUE WAS THE NAIL CARE SALON.
AND I UNDERSTAND THE NAIL SALON HAS NO LEASE.
THE OTHER THING I DO WANNA SAY FRONT IS THAT THIS IS PRIVATE PROPERTY IN TERMS OF WHAT CAN BE REQUIRED AND WHAT CAN'T BE.
AS I UNDERSTAND UNDER THE LAWS, I CORRECT MR. SCHMIDT, LIKE THE CROSSWALKS AND THINGS LIKE THAT, THINGS OF THAT NATURE.
AND THEREFORE WE DON'T HAVE JURISDICTION.
WE CAN SUGGEST, YES, WE CAN SUGGEST, BUT WE CAN'T DICTATE, REQUIRE, REQUIRE, UM, A PARTICULAR STYLE, FOR INSTANCE OF, OF CROSSWALK.
ONE FINAL THING I WANNA SAY, AND I, AND I I'VE SAID IT BEFORE, BUT I WANNA SAY IT AGAIN.
UM, WE ARE A VOLUNTEER GROUP THAT WORKS UP HERE.
WE, UM, TRY TO GET THROUGH THE ENTIRE AGENDA ON A TIMELY BASIS AND MOVE THINGS ON WHILE STILL MAINTAINING OUR OWN LIVES.
BESIDES THAT, AND, UM, AS SUCH, WE, WE WANT TO KEEP FOCUSED ON THE PROJECT AT HAND ONLY.
UNLIKE THE TOWN BOARD WHO HAS, UH, A PERIOD FOR GENERAL COMMENTS AND ACTUALLY IS THE LEGISLATIVE BOARD OF THE TOWN, NOT US, WE'RE JUST AN ADMINISTRATIVE BOARD.
SO PUBLIC COMMENTS IN OUR CASE ARE LIMITED TO THE SPECIFIC PROJECT AT HAND.
UM, SO I, I WOULD APPRECIATE EVERYBODY WHO'S GONNA SPEAK TONIGHT TO, UH, MAINTAIN THAT RULE.
ADDITIONALLY, IF YOU SPOKE AT THE LAST MEETING, THERE'S NO NEED TO REPEAT WHAT YOU SAID AT THE LAST MEETING.
IT BECAME PART OF THE PUBLIC RECORD.
AND WE CAN JUST MOVE ON, ON FROM THERE.
AND IT WAS UNDERSTOOD AT THE LAST MEETING.
I JUST WANTED TO MAKE THAT CLEAR TOO.
AND IT'S A FAIR NOT ONLY TO THE, TO THE APPLICANT, YOU GUYS, IT'S FAIR TO THE PUBLIC AND THE PEOPLE WAITING FOR ADDITIONAL FOR THE ADDITIONAL MEETINGS TONIGHT.
WE HAVE TWO FAIRLY LARGE PROJECTS AFTER THIS MEETING TONIGHT.
UH, BUT ALSO PEOPLE JUST WATCHING TO, TO STAY FOCUSED ON THE PUBLIC HEARING, UNLESS YOU HAVE SOMETHING SPECIFIC THAT YOU NEED TO SAY BEYOND WHAT I DID.
I'M GOING TO, UH, OPEN IT UP TO ANY, UH, QUESTIONS FROM THE BOARD.
[00:45:01]
YEAH, GO AHEAD.SO I WAS ONLY GONNA INDICATE THAT, UM, THE APPLICANT DID GO AHEAD AND REVISE THE PLANS.
UM, SO THERE WERE TWO, TWO SPECIFIC REVISIONS MADE, UH, TO PLAN SHEET ONE, WHICH I HAVE UP ON THE SCREEN NOW, AND I'M SCROLLING.
THE NOTE WAS ADDED RELATED TO EMPLOYEE PARKING IN THE REAR.
UH, THE SPACE IS UP IN THE BACK.
SO, UH, BEYOND THAT AND ON SHEET TWO, THERE WAS REVISION MADE TO IDENTIFY THAT THE, UH, THERE, THERE'S SIGNAGE DEDICATED TO THE DENTIST, PARKING AND SPACES ONE THROUGH SIX ON THE RIGHT HAND SIDE OF THE SCREEN.
ANY QUESTIONS FOR MEMBERS OF THE BOARD? YEAH, I HAVE A QUESTION.
HOW DO THEY ACCESS, UH, PARKING TO THE EMPLOYEE PARKING? UM, THEY CAN, I THINK THERE'S, UM, THIS IS, UM, THE OWNER SO HE CAN EXPLAIN.
PLEASE GIVE YOUR NAME AND, AND YOUR POSITION PLEASE.
UH, MY NAME IS ARD LEWELLEN AND I'M THE CHAIRPERSON OF THE BOARD OF TRUSTEES AT ST.
PAUL'S UNITED METHODIST CHURCH.
I'VE BEEN THERE FOR 40 YEARS, SO I'M PRETTY FAMILIAR WITH THIS PROPERTY ENTRANCE IN CENTRAL AVENUE.
AND THEN YOU DRIVE AROUND THE BUILDING AND THE PARKING IS IN THE BACK AND YOU COULD EXIT ON JANE STREET.
SO AGAIN, I'M SHOWING THE CURSOR YOU WOULD COME IN CENTRAL.
SO EVERYBODY, EVERYBODY EXITS ON JANE JANE STREET TO GO BACK OUT? CORRECT.
IF YOU DON'T, AS LONG AS YOU DON'T GO AROUND THE BUILDING.
IF YOU GO AROUND THE BUILDING, YOUR ONLY EXIT IS JANE STREET.
IF YOU REMAIN ON THE CENTRAL AVENUE SIDE, YOU COULD EN, EN ENTER AND EXIT ON CENTRAL AVENUE.
THE, THE SIGN WOULD BE IN THE BEGINNING OF THE PARKING FOR THE BACK OR WHERE, WHERE THE SIGN WOULD BE FOR EMPLOYEE ONLY.
I DUNNO IF THERE IS A SIGN, THERE IS NO SIGN THAT WILL BE INDICATED TO THEM THAT THEY CAN GO AROUND THE BUILDING AND PARK THERE.
SO HOW DO YOU PREVENT THEM FROM PARKING IN THE FRONT? SIX EMPLOYEES? RIGHT.
ACTUALLY WE, WE JUST STEP UP TO THE LINK.
AND WE'RE GONNA CLARIFY TO OUR EMPLOYEE, AND THOSE ARE THE SPACE AVAILABLE FOR THEM TO, TO PARK THEIR CAR.
AND IS IT TRUE YOU HAVE MAXIMUM SIX EMPLOYEES? YES.
SO IT'S PRETTY, PRETTY MANAGEABLE.
AND THEN WHAT IS IN THE REAR? THE, IT'S, IT'S TO BE THE WHOLE FLOOR IS TO BE A DAYCARE.
AND YOU'RE USING ONLY HALF OF IT? UM, HALF.
SO WHAT IS THE OTHER HALF? THE OTHER HALF IS, UM, UH, I THINK SHE OPEN, SHE'S, UM, UM, LIKE THERAPIST FOR CHILDREN.
AND SHE USUALLY OPERATE, YEAH, PHYSICAL THERAPY.
ANYBODY ELSE ON THE BOARD? NO.
ANYBODY ON ZOOM TONIGHT? WE SURE.
I JUST HAVE TO FOLLOW UP WITH CUR, UH, UH, A SUGGESTION ABOUT THE EMPLOYEE OFTEN IT, IT'S A VERY SIMPLE, INEXPENSIVE COST FOR THE AFTERNOON JUST TO PUT A SIGN UP AND SAY EMPLOYEE PARKING ONLY, OR SOMETHING TO THAT EFFECT TO DESIGNATE THAT AREA THAT CAUSED, WELL, THE APPLICANT DOESN'T OWN THE BUILDING.
UM, AND IT'S NOT USED JUST FOR THIS PURPOSE.
SO I DON'T KNOW THAT IT WOULD BE APPROPRIATE WALTER TO PUT A SIGN THERE JUST FOR THEIR BUSINESS, WHICH ONLY OPERATES CERTAIN TIMES OF THE WEEK.
YOU KNOW, ON THE WEEKEND IT'S
ANYTHING ELSE, WALTER? NO, THAT'S IT.
ANYBODY ELSE, UH, ON THE BOARD HAVE ANYTHING TO SAY? ANYBODY ELSE ON, ON ZOOM? I DON'T BELIEVE THERE'S ANYONE ELSE ON ZOOM.
IF THERE IS, NOW WOULD BE THE TIME TO REQUEST TO SPEAK.
I'LL STOP THE SHERIFF'S STATEMENT.
ANYBODY IN THE PUBLIC WANT TO SPEAK? YES, MR. BOWDEN.
STICK TO THE TOPIC AS I SUGGESTED.
WHAT YOU JUST SAID IS EXACTLY WHAT'S WRONG.
YOU HAVE NO RIGHT TO TELL ME WHAT TO SPEAK ABOUT.
YOU DID IT IN AN EMAIL TODAY, WHICH WAS ENTIRELY IMPROPER.
AND I QUESTIONED, WAIT A MINUTE, I'M, WHEN I'M FINISHED, YOU CAN SPEAK.
THIS HAS BEEN THE, THE LAST TIME YOU SPEAK HERE, IF YOU CONTINUE THIS.
[00:50:01]
OKAY.DO YOU SPEAK ON THIS PROJECT OR NOT? LET'S, YES OR NO? DO YOU WANNA SPEAK ON THIS PROJECT OR NOT? I AM SPEAKING ON THIS PROJECT, ACTUALLY.
DO YOU WANNA SPEAK ON THIS PROJECT OR NOT? MR. BODEN? I AM
PLEASE LIMIT YOUR COMMENTS TO THE PROJECT YOU HAVE DEMONSTRATED THIS EVENING THAT YOU'VE MADE CHANGES TO THE SITE PLAN.
I RECOMMEND OR I CONSIDERING THE SAFETY ISSUE ON EAST HARTSDALE AVENUE, YOU SHOW A CROSSWALK HERE.
THAT'S NOT THE SAFEST CROSSWALK TO USE.
THE SAFEST CROSSWALK TO USE IS THE BAR CROSSWALK, WHICH IS USED IN NEW YORK CITY, CONNECTICUT, CALIFORNIA, AND PROBABLY IN THE REST OF THE WORLD.
GREENBERG HAS BEEN BESIDE ITSELF TRYING TO MAKE EASTDALE AVENUE SAFER.
A PLACE TO START IS TO ACKNOWLEDGE THAT THE SAFEST CROSSWALK, AND THE ONLY ONE THAT LOOKS THE SAME TO THE DRIVER IS THE PARALLEL BAR.
SO I TAKE THIS UP, MY, MY, I'M BASING THIS ON MAUI, OKAY.
WHERE THEY WERE NOTIFIED OF ISSUES THAT WERE WRONG AND THEY DIDN'T REPLACE IT.
AND THERE HAVE BEEN ANY NUMBER OF OTHER ONES THROUGHOUT THE WORLD IN THE LAST COUPLE OF WEEKS WHERE PEOPLE WERE NOTIFIED OF ISSUES THAT WERE NOT SAFE.
THE CROSSWALK THAT YOU SHOW ON THIS IS NOT THE SAFEST CROSSWALK FOR A PEDESTRIAN.
THIS IS THE START OF SENSITIZING THIS BOARD AND OTHER BOARDS TO USE THE SAFEST FOR PEDESTRIANS THROUGHOUT THE TOWN OF GREENBURG.
I REQUEST THAT THIS NOT BE APPROVED UNTIL A CROSSWALK IS CHANGED TO A PARALLEL BAR CROSSWALK.
I WAS THERE TODAY, I DROVE THROUGH IT IN AND OUT, GOT TO MADE SURE I UNDERSTOOD WHAT WAS GOING ON.
AND WHEN YOU SAID YOU COULD GO OUT ONE SIDE, IF YOU DIDN'T GO AROUND A BUILDING EXACTLY.
I WANTED TO MAKE SURE I SAW WHAT YOU WERE TALKING ABOUT.
THIS IS THE START WHERE GREENBERG NEEDS TO UNDERSTAND THAT EVERY CROSSWALK THAT COMES BEFORE THIS BOARD, THIS BEING A PRIME EXAMPLE, BE THE SAME.
MR. BODDE, LEMME JUST, LEMME JUST, YEAH, INTERRUPT WITH YOUR PERMISSION, CERTAINLY.
CAN WE, CAN WE SHARE MR. BODINE'S SUGGESTION WITH OUR EXPERT AND GET HIS INPUT? I THINK WE ALREADY, WE ALREADY DID.
HE BROUGHT IT UP IN THE LAST NAME.
OH, WHAT DID HE SAY? AND WHAT DID HE SAY? HONOR FEEDBACK WAS THAT ON HIGHLY TRAVELED ROADWAYS WHERE THERE ARE CROSSWALKS FOR PEDESTRIANS, THE, THE PARALLEL BAR STYLE IS, UM, IS A METHOD THAT'S RECOMMENDED.
THAT'S WHAT I WAS, SO IF YOU LOOK AT ANY OF THE MANUALS, THERE ARE ALTERNATIVES.
I KNOW MR. BODEN'S POSITION THAT THE BAR STYLE IS THE SAFEST FOR PEDESTRIANS BECAUSE THEY DRIVERS PICK UP ON THAT STYLE BETTER THAN THE OTHER STYLES.
CORRECT ME IF I'M WRONG, BUT IN TERMS OF THE MANUALS, WHICH I BELIEVE YOUR POSITION IS THAT THEY'RE CORRECT, THE POSITION IS, FIRST OF ALL, I WAS ON A TEAM THAT WROTE THAT MANUAL FOR THE LAST 30 YEARS.
SO I HAVE EXPERIENCE IN ACTUALLY WRITING THE WORDS THAT YOU WERE DESCRIBING.
IF THERE IS A CHOICE FOR THE SAFEST CROSSWALK, WHY WOULDN'T YOU USE IT? YES, THERE ARE.
BUT WHY USE AN OPTION THAT IS LESS SAFE? WHAT, WHY DON'T WE HEAR WHAT THE APPLICANT SAYS ABOUT CHANGING THE STYLE OF THE CROSSWALK? IT IS NOT UP TO THE APPLICANT TO DECIDE.
THE APPLICANT IS NOT QUALIFIED TO DESCRIBE SAFETY.
SEE, THE CONSULTANT, THE CONSULTANT, THEY MAY NOT, THEY MAY NOT MIND.
THEY MAY NOT MIND CHANGING IT, IT MAY BE A NON-COST ISSUE.
HEY, CAN WE, CAN WE BE CLEAR THE QUESTION THAT THE APPLICANT IS A TENANT IN THE SPACE? SO THE CONVERSATION NEEDS TO BE HAD WITH THE OWNER OF THE PROPERTY? YES.
AND WE ACTUALLY HAVE NO JURISDICTION TO DICTATE THIS AT ALL.
BUT WALTER, WALTER, YOU HAD SOMETHING TO SAY.
UM, I THINK, UH, BASED UPON MR. UH, UH, BODEN STATEMENT, AND WHICH APPEARED TO BE CONFIRMED BY AARON, THAT ON BUSY STREETS, UH, THAT IT WORKS VERY WELL.
UH, BUT WE AS A TOWN HAVE NOT,
[00:55:01]
UH, ADOPTED THAT IN OUR, UH, AS OUR REQUIREMENT.THE QUESTION IS SEEING HOW WE, WE KNOW IT WORKS WELL.
EVERY TRAFFIC AREA, EVERY TRAFFIC AREA.
WHAT IS, WHAT IS THE DOWNSIDE WHEN WE HAVE APPROPRIATE JURISDICTION? NOT IN THIS CASE BECAUSE THE APPLICANT IS NOT A OWNER, BUT WHAT IS THE DOWNSIDE WHEN WE HAVE A APPROPRIATE JURISDICTION TO IN, UH, APPLY THE CROSSWORD, THE CROSS SLASHES AS MR. BODEN RECOMMEND WALTER, AT THIS POINT, I HAVE, WE HAVEN'T SEEN EMPIRICAL DATA THERE, UH, IN TERMS OF NON-BUSY, UH, INTERSECTIONS OR, OR PLACES.
THE, OUR, OUR TRAFFIC CONSULTANT HAS SAID IT'S GOOD FOR BUSY PLACES.
I CAN SEE MR. BODEN'S LOGIC THAT IF IT'S GOOD FOR BUSY PLACES, WHY SHOULDN'T IT BE GOOD FOR LESS BUSY PLACES? THAT LOGIC MAKES SOME SENSE.
BUT I, BUT I, I, LET ME JUST FINISH MR. BOWDEN.
'CAUSE I'M ACTUALLY AGREEING WITH CHAIR.
YEAH, BUT I'M, I'M, I CAN DESERVE THE SAME RESPECT THAT YOU DO WHEN I INTERRUPT YOU.
AND WHEN YOU INTERRUPT IT, SAY, I DON'T LIKE IT.
I DIDN'T, I WANTED TO FINISH MY STATEMENT, SO I WANNA FINISH MINE TOO WHEN I TALK.
ANYWAY, SO, UM, I THINK IT'S SOMETHING WE SHOULD PROBABLY ASK THE TOWN BOARD TO LOOK, TO LOOK INTO AND ASK OUR TRAFFIC SAFETY PEOPLE AND, AND THE, UH, UH, TRAFFIC CONSULTANTS TO LOOK INTO.
HOWEVER, IT DOESN'T, CAN'T IMPACT THIS.
WE DON'T HAVE A LAW IN THE BOOKS TO DO IT.
WE HAVE NO JURISDICTION OF IT.
THE APPLICANT ISN'T EVEN AS, AS JOHANN POINTED OUT, THE OWNER OF THE PROPERTY.
WHETHER THIS IS A GOOD IDEA, NOT AND VERY WELL MAY BE A GOOD IDEA.
MR. BOWDEN'S DONE A GREAT JOB IN HELPING US WITH CROSSWALKS ON DIFFERENT, ON A COUPLE DIFFERENT PROPERTIES IN THIS I'D LIKE TO MAKE FOR SURE.
UH, BUT WE JUST, WE JUST DON'T, DON'T HAVE JURISDICTION HERE.
THERE IS NO DIFFERENCE BETWEEN A BUSY, A BUSY STREET AND A SMALLEST STREET.
A CROSSWALK SHOULD LOOK THE SAME ANYWHERE.
TO DIS DISTINGUISH BETWEEN A BUSY STREET AND ONE NOT SO BUSY IS JUST NOT LOGICAL.
IT SHOULD LOOK THE SAME WHEREVER YOU GO ON EVERY SINGLE CROSSWALK, WHETHER IT'S IN A PARKING LOT OR ON A STREET IN A CITY OR A STATE.
IT'S TIME THAT WE PUT PEDESTRIAN SAFETY FRONT AND CENTER.
ANYTHING ELSE YOU'D LIKE TO SAY ABOUT THIS PROJECT? YEAH, BECAUSE THE WAY YOU TREATED ME, I WONDER WHETHER OR NOT IT'S TIME FOR YOU TO RETIRE AND LET SOMEBODY YOUNG WHO'S MORE FLEXIBLE, TAKE OVER IT.
I THINK IT'S TIME THAT YOU RETIRED AND LET'S SOMEBODY ELSE WHO'S MORE FLEXIBLE TAKE OVER THIS COMMITTEE.
ANYBODY ELSE WANNA SPEAK ON THIS, THIS PROJECT? OKAY.
UH, UM, I ASKED IF IT, HE BEEN ON ZOOM.
UM, I'LL TAKE A MOTION TO CLOSE THE PUBLIC HEARING.
SO MOVED AND WE'LL LEAVE THE RECORD OPEN UNTIL, SO THERE'S A COUPLE OF OPTIONS, RIGHT? ONE, THE BOARD INDICATED AT THE LAST MEETING IF ALL THE ISSUES WERE ADDRESSED, THE BOARD MAY WISH TO CONSIDER A DECISION THIS EVENING, BEING THAT IT'S RECEIVED PUBLIC COMMENT AT OUR TIME AND THIS EVENING, STAFF DID PREPARE A DRAFT DECISION FOR THE BOARD'S CONSIDERATION.
IT'S COMPLETELY UP TO THE BOARD IF IT WISHES TO MOVE FORWARD WITH THE DECISION THIS EVENING.
OR YOU CAN CLOSE THE RECORD, LEAVE THE WRITTEN RECORD OPEN FOR ONE WEEK AND WE CAN DO IT TWO WEEKS FROM NOW.
HOW DOES THE BOARD FEEL ABOUT THAT? I THINK, I THINK WE SHOULD, UH, UH, WE SHOULD, UH, CONSIDER WHAT, UH, AARON'S SUGGESTION IS.
SO I AGREE WITH AARON TO FINISH, TO CLOSE IT TONIGHT.
THAT'S WHAT YOU'RE SAYING, CORRECT? YES.
SO THEN WHAT WE'LL DO IS, UM, I'LL TAKE A MOTION TO CLOSE THE PUBLIC HEARING AND GO BACK INTO WORK SESSION TO VOTE ON A DECISION ON, ON THIS PROJECT THIS EVENING.
UH, JOHANN AND TOM? ALL IN FAVOR? AYE.
NOW TAKE A MOTION TO CLOSE THE PUBLIC HEARING, UH, PORTION OF TONIGHT'S MEETING.
[01:00:01]
WHILE WE'RE HERE? WE CAN VOTE FROM THE DESK YEAH.UM, FOR THIS WORK SESSION DOWN BELOW FOR THE REST OF THE HEARING FOR YOU GUYS OUT OUT THERE THAT LEFT WITH TWO, TWO THINGS.
I KNOW YOU'RE ALWAYS HERE LATE.
I'M SORRY ABOUT THAT DECISION ON THE APPLICANT'S SPECIAL PERMIT AND PLANNING BOARD WAIVERS.
ON PAGE THREE, WE DID INDICATE THAT, UM, LET'S SEE.
DO WE HAVE TO VOTE ON WAIVERS AS WELL? YES.
SO LET ME GO THROUGH THE PROCEDURAL.
SO FIRST YOU'D WANT TO TAKE A VOTE TO THAT THE PROJECT QUALIFIES AS A TYPE TWO ACTION OF THE PROCEDURAL.
SO THERE'S NO, THERE'S NO, OKAY.
AND THEN, UH, TO CONSIDER THE SPECIAL PERMIT APPLICATION AND TO CONSIDER THE PLANNING BOARD WAIVER REQUEST.
YOU WANT TO GIVE THE WA TELL 'EM WHAT THE WAIVER IS.
HAVE A GOOD EVENING NIGHT, BARBARA.
UH, THE WAIVER'S WAIVER REQUEST RELATES TO THE REQUIREMENT OF A LANDSCAPED BUFFER WITH A MINIMUM WIDTH OF 10 FEET BETWEEN THE OUTDOOR PLAY AREA AND ALL LOT LINES.
SO THEY'VE SOUGHT A REQUEST, UH, TO WAVE THAT THEY OFF FENCING AROUND THE ENTIRE PLAY AREA, AS YOU MAY RECALL.
IS THAT WHAT IT'S IN THE FRONT? THE FRONT.
WHAT IS THE FENCE? FENCED IN AREA IN THE BACK, BEHIND THE CHURCH.
I THINK THAT'S, THERE'S NOTHING IN THERE.
SOME OF THE PROPERTY NEXT DOOR.
OH, IS IT THAT GREEN FENCING? THE GREEN FENCED AREA IS NOT YOUR PROPERTY.
AND THEN WE JUST REALLY HAVE THE STANDARD CONDITIONS, UH, RELATED TO SPECIAL PERMITS IN THE SITE.
SPECIFIC, WE DID INDICATE THAT THE APPROVAL IS STRICTLY LIMITED TO THE, THE USE OF THE FACILITY AS A CHILD DAYCARE CENTER AND SEPARATE OFFICE SPACE.
THE FACILITY AND BUILDING MAY NOT AT ANY TIME BE USED AS A PRESCHOOL AND OR PRE-KINDERGARTEN FACILITY.
WE DID INDICATE THAT THE APPLICANT MUST NOTIFY PARENTS AND GUARDIANS THAT ALL PARKING ASSOCIATED WITH THE PICKUP AND DROP OFF OF CHILDREN IS TO BE ON THE SUBJECT SITE UTILIZING PARKING SPACES SEVEN THROUGH 16 AS INDICATED ON THE PLANS.
AND SHALL NOT AT ANY TIME OCCUR ON ADJACENT PROPERTIES OR ROADWAYS OR WITHIN PARKING SPACES ONE THROUGH SIX, WHICH ARE LEASED TO THE DENTAL, UH, OFFICE NEXT DOOR.
ALL EMPLOYEE PARKING SHALL BE LIMITED TO THE SPACES LABELED 17 THROUGH 29 INCLUSIVE AS DEPICTED ON THE PLANS.
ANY OTHER QUESTIONS FROM THE BOARD BEFORE WE TAKE, TAKE THE VOTES? NO.
SO THE FIRST VOTE WILL BE ON DECLARING THIS A TYPE TWO ACTION UNDER SEEKER.
WALTER, CAN YOU SECOND THAT PLEASE? I'LL SECOND.
WALTERS WALTER IS MAKING THE MOTION.
UH, CAN I HAVE MOTION TO APPROVE THE SPECIAL PERMIT FOR CHILD, UH, DAYCARE FACILITY, PLEASE? SO MOVED.
TOM, DO HAVE A SECOND, PLEASE? SECOND.
FINALLY, CAN I HAVE MOTION TO APPROVE THE, THE WAIVERS AS LISTED BY, UH, MR. SCHMIDT? SO MOVED.
LESLIE, DO I HAVE A SECOND? SECOND.
OKAY, WE'RE GONNA TAKE TWO MINUTES AND JUST GO BACK ONTO THE, UH, INTO THE, UH, TO OUR TABLE FOR THE REST OF THE WORK SESSION.
SO YOU COME, UH, GO BACK LIVE.
WELL WELCOME BACK TO THE, UH, WORK SESSION CONTINUATION OF THE WORK SESSION OF, UH, THE PLAINTIFF BOARD PHOTOS OF SEPTEMBER 20TH.
UM, WE'RE CONTINUING OUR WORK SESSION WITH ON CASE TB 2305, WHICH IS NINE ENERGY.
IT IS A REFERRAL FROM THE TOWN BOARD, UH, FOR A TEXT AMENDMENTS ACTUALLY TO, UH, THE BATTERY ENERGY STORAGE SYSTEM LAW THAT WAS WRITTEN.
UM, THIS IS, WE TONIGHT WE REALLY SHOULD BE AT THE POINT OF
[01:05:01]
MAKING, WE HAVE TO MAKE SOME KIND OF DECISION TONIGHT.WE EITHER HAVE TO DECIDE WHAT A RECOMMENDATION IS TONIGHT OR IF WE'RE STILL NOT SURE, WE HAVE TO, UH, REQUEST AN EXTENSION AN AN ADDITIONAL EXTENSION FROM THE TOWN.
BOY, THOSE ARE OUR TWO CHOICES TONIGHT, JUST SO YOU UNDERSTAND WHAT WE'RE DOING IN TERMS OF A RECOMMENDATION.
THIS ONE, REMEMBER OURS IS ACTUALLY HAS A LEGAL IMPACT.
I WOULD LIKE TO JUST HEAR IT AGAIN.
SORRY TO PUT YOU ON THE SPOT HERE.
UM, SO THIS RELATES TO THE AMENDMENT PROCEDURE.
IN THE ZONING ORDINANCE, EVERY PROPOSED AMENDMENT SHALL BE REFERRED BY THE TOWN BOARD TO THE PLANNING BOARD FOR A REPORT AND RECOMMENDATION THEREON BEFORE A PUBLIC HEARING IS HELD BY THE TOWN BOARD EXCEPT BY THREE FOURTHS VOTE, THE TOWN BOARD SHALL NOT ADOPT ANY AMENDMENT OF WHATEVER NATURE TO THIS CHAPTER.
IF THE PLANNING BOARD HAS NOT APPROVED IT, EXCEPT IN THE INSTANCE WHERE THE PLANNING BOARD FAILS TO CONVEY ITS REPORT TO THE TOWN BOARD WITHIN THE 60 DAY TIME PERIOD, ESTABLISHED SUBSECTION B THREE, IN WHICH CASE SUCH FAILURE TO REPORT SHALL BE CONSTRUED BY THE BOARD AS APPROVAL.
SO IN OTHER WORDS, I WOULD ASSUME A NEUTRAL RECOMMENDATION WOULD FALL INTO THE SAME CATEGORY AS, AS AN APPROVAL IN THAT CASE BECAUSE OF NOT MAKE MAKING A POSITIVE OR NEGATIVE RECOMMENDATION.
WOULD, I WOULDN'T THINK THEY WOULD NEED A SUPER MAJORITY TO, TO PASS IT.
I WOULD THINK WE SHOULD DOUBLE CHECK THAT WE, JOE, TOMORROW WE CAN CHECK.
BUT I THINK, I THINK THAT'S THE WAY IT IS.
RIGHT, BECAUSE IT DOES SAY APPROVAL AND I READ THAT AS POSITIVE.
THIS IS WHAT I WANT TO DO TONIGHT.
THIS HAS BEEN OBVIOUSLY A, A LONG PROCESS AND BEEN A LOT OF WORK DONE OVER A PERIOD OF TIME AND WE GOT A, UH, VERY GOOD, UM, PRESENTATION FROM YOU GUYS LAST TIME.
AND WE VERY THANK YOU VERY MUCH FOR IT.
AND WE ALSO THANK YOU FOR YOUR CANDID, UH, ON THAT.
UM, WHAT I'D LIKE TO DO TONIGHT IS, UH, I, I DON'T THINK WE NEED TO HEAR ANYTHING PROACTIVELY FROM YOU.
WHAT I'D LIKE TO DO IS GO AROUND THE, WITH THE BOARD FIRST TO SEE IF THEY HAVE ANY ADDITIONAL QUESTIONS.
AND THEN WHAT I THINK WE'RE GONNA DO, BECAUSE I THINK THERE ARE DIFFERENT ISSUES WITH DIFFERENT PARTS OF YOUR RECOMMENDATION, I THINK WE'LL PROBABLY TAKE THEM ONE BY ONE AND GO AROUND THAT WAY AND TRY TO CONSTRUCT A RECOMMENDATION FOR THE TOWN WHERE I'D LIKE TO DO THAT.
I, YOU GUYS HAVE, IT'S BEEN A LONG, LONG HAUL.
I'M SURE YOU'D LIKE TO, YOU GUYS WOULD LIKE TO KNOW ONE WAY OR THE OTHER WHERE, WHERE YOU STAND WITH US.
SO WE'LL TRY TO GET THERE TONIGHT.
UM, I'M GONNA TRY TO LIMIT THIS WITHIN AN HOUR 'CAUSE I HAVE ANOTHER VERY LARGE, UH, PROJECT THAT NEEDS SOME OF OUR TIME TONIGHT.
SO TRY TO KEEP IT WITHIN AN, I THINK THAT, I THINK IT'S VERY, VERY DOABLE THOUGH TO DO THAT.
FIRST OF ALL, ARE THERE ANY QUESTIONS THAT ANYBODY HAS FOR THE APPLICANT BEFORE WE GO AROUND AND DISCUSS THE, UH, DIFFERENT, UH, CHANGES TO THE, TO THE LAW? YEAH, I HAVE ONE, UH, QUESTION, COMMENT.
UM, THAT IT'S A, UH, SPEAKING OF THE, PLEASE SPEAK OF THE MIC.
HOW DOES THAT, UH, UH, COMPARE WITH THE, UH, THE MODEL LAW THAT ERDA HAS PUT OUT FOR THIS KIND OF A FACILITY? SURE.
SO I THINK HAS BEEN ANY, AND LET ME, HAS HAS ANY BEEN CHANGED IN LAST TWO YEARS.
SO I'M NOT AWARE OF ANY CHANGES TO THE NYSERDA LAW.
AND YOUR LAW AS IT CURRENTLY STANDS IS MUCH MORE STRICT THAN THE NYSERDA LAW, PARTICULARLY WITH RESPECT TO THINGS LIKE THE, THE OUTPUT AND THE SQUARE FOOTAGE.
SO, AND THE SETBACKS, WHICH WE'RE NOT PROPOSING TO CHANGE.
THE SER THE NYSERDA LAW, I MEAN, IF I WERE TO SUMMARIZE IT, I WOULD SAY IT'S MORE OF A, IT'S MORE OF A BUILDING CODE.
IT, IT HAS ALL OF THE THINGS YOUR CODE HAS, YOU KNOW, THE FIRE SAFETY PLAN, THE COMMISSIONING PLAN, THE DECOMMISSIONING PLAN THAT HAS A MITIGATION ANALYSIS TO SOME EXTENT.
YOU HAVE THAT AND THEN YOU HAVE ALL OF YOUR ZONING ITEMS, MOST OF WHICH WE'RE NOT PROPOSING TO CHANGE.
WE'RE NOT PROPOSING TO CHANGE THE SIZE OF THE LOT.
WE'RE NOT PROPOSING TO CHANGE THE SETBACKS, WHICH NYSERDA DOESN'T HAVE IN, IN THIS INSTANCE, LIKE THE WAY YOU HAVE IT.
WE'RE NOT PROPOSING ANY CHANGES TO THE TIER TWO OR THREE TIER THREE FACILITIES.
SO I THINK YOUR ORDINANCE IS MUCH MORE RESTRICTIVE, PARTICULARLY FROM A ZONING PERSPECTIVE THAN THE NYSERDA ORDINANCE MODEL, I SHOULD SAY.
[01:10:01]
TEMPLATE.IT WASN'T AN OR IT'S NOT AN ORDINANCE.
IT WAS, IT WAS SENT OUT TO EVERYBODY INCLUDING US.
WE HAD OUR OWN BOARD THAT, THAT ACTUALLY CREATED THE LAW.
IN FACT, TWO OF US, FOR FULL DISCLOSURE, WERE INVOLVED IN WRITING.
WALTER AND MYSELF WERE ON THAT, THE COMMITTEE THAT WROTE THE LAW.
UM, ONE MORE, ONE MORE QUESTION TO THAT.
HOW DOES THE NEW YORK CITY, WHICH IS MORE DENSELY POPULATED, UH, HAS COMPARED TO WHAT WE ARE PROPOSING? WELL, I THINK, I THINK ANTHONY TOUCHED ON THE MOST IMPORTANT POINT LAST TIME.
NOW DEPENDING ON THE TYPE OF EQUIPMENT, AND THAT'S AN IMPORTANT DISTINCTION, AND ANTHONY, CORRECT ME IF I'M WRONG, THE SETBACK COULD BE 10 FEET, WHEREAS YOUR SETBACK IS A HUNDRED FEET AND YOU COULD WAVE IT DOWN TO 50.
SO ALSO YOUR SETBACK IS 300 FEET FROM A RESIDENCE.
WE'RE NOT PROPOSING TO CHANGE ANY OF THAT.
BUT AGAIN, I THINK THAT JUST GOES TO SHOW YOU THAT YOUR SETBACK IS 10 TO 30 TIMES MORE RESTRICTIVE THAN LET'S SAY THE NEW YORK CITY CODE PROVIDED.
WE'RE TALKING ABOUT THE SAME TYPE OF EQUIPMENT.
BUT THE, THE, THAT'S THE POINT THOUGH.
I DON'T KNOW IF YOU REMEMBER THIS FROM THE LAST TIME THAT YOU GUYS MAY APPRECIATE IT.
I DON'T, I DON'T EVEN KNOW IF YOU CAN DO THAT.
WHAT, WHAT THEY'RE DOING IN NEW YORK, THEY, THEY'RE BRAND SPECIFIC.
OBVIOUSLY, IF YOU ARE USING SOMEONE LIKE TESLA WHO'S BEEN DOING THIS FOR A LOT LONGER AND HAS ALREADY EXPERIENCED SOME OF THESE PRO PROBLEMS, I THINK ARIZONA WAS TESLA.
TESLA, WHICH I THINK IT WAS, I DON'T KNOW.
BUT TE BUT ARIZONA CR HAD AT LEAST WAS LEARNING EXPERIENCE FOR TESLA WHO THEN STARTED RELEASING GAS INTO THE AIR VERSUS KEEPING IT IN, CREATING AN EXPLOSION.
THAT WAS THE 2019 EXPLOSION IN, IN, IN ARIZONA.
SO WITH WITH, WITH WHAT, BECAUSE THERE'S SO MANY COMPANIES TRYING TO DO THIS NOW.
THEY WERE BRAND SPECIFIC IN, IN NEW YORK LAW.
AND I THINK YOUR SYSTEM CERTIFICATION REQUIREMENT, AND A LOT OF THIS GOES TO WHEN WE FILE AN APPLICATION, BUT I THINK YOUR SYSTEM CERTIFICATION REQUIREMENT OF YOUR CODE REQUIRES AN APPLICANT TO SAY WHAT TYPE OF EQUIPMENT THEY'RE GOING TO USE AND CERTIFY THE SYSTEM TO.
IT DOES, BUT OUR, OUR CODE DOESN'T, ISN'T SPECIFIC AS A REASON TO REJECT A SPECIAL PERMIT BECAUSE IT'S NOT TESSA.
WELL, I THINK, I THINK THE WAY IT WOULD, I THINK, I THINK TO YOUR QUESTION THOUGH, THE A HUNDRED FOOT SETBACK COULD BE WAVED DOWN TO 50 AND THEN THAT MIGHT BE WHERE YOUR DISCRETION IS.
WELL THAT'S BECAUSE OF WALL, YOU KNOW, WALLS, WHAT'S AROUND IT.
THERE ARE LOTS OF REASONS WHY IT CAN BE, BE BROUGHT DOWN TO THAT MM-HMM.
AND FRANKLY, YOU KNOW, IF YOU TALK TO OUR ATTORNEYS AND EVEN US WHEN WE'RE CREATING THE LAW, PUTTING DISCRETION INTO TO A SPECIAL PERMIT IS A, A VERY DIFFICULT THING TO DO.
THEY DON'T HAVE A LOT OF DISCRETION IN A PERMIT.
WE DID IT FRANKLY, BECAUSE OF SOMETHING YOU GUYS BROUGHT UP LAST WEEK.
THAT'S BIGGEST PROBLEM WE HAVE HERE TONIGHT IS YOU GUYS COULD BE A HUNDRED PERCENT RIGHT.
BUT THE PROBLEM IS WE DON'T HAVE THE ANSWER.
THAT'S WHAT WE'RE WRESTLING WITH TONIGHT.
DO YOU HAVE ANYTHING ELSE, KURT? YEAH, I MEAN, WHAT YOU'RE SAYING IS THAT, UH, WE WHO ARE NOT EVEN HAVE HALF HIS EXPERIENCE TECHNICALLY THEN AND WE ARE MAKING TRUE IT LAW.
THAT IS, WELL, THAT'S NOT TRUE.
LET FINISH THIS TOPIC, BUT IT'S, IT'S NOT TRUE.
I, I'LL I'LL STAND CORRECTED, UH, IF IT'S NOT TRUE.
BUT WHAT I'M SAYING IS THAT IN MY PAST EXPERIENCE WITH SOME OF THE THINGS THAT TOWN HAS STARTED DOING IT AND WHAT, UH, UH, IT'S LIKE A, A CELL PHONE TOWER ORDINANCE, WHICH WAS, WAS DETRIMENTAL TO A LOT OF RESIDENTS WHO COULD NOT GET ANY BECAUSE OF THE, THE WAY THE LAW WAS THAT IF THEY CANNOT PUT CERTAIN TOWERS MM-HMM.
SO MY, MY CONCERN IS THAT WHY WE HAVE TO BE, UH, WHY CAN'T WE WRITE A COORDINANCE, WHICH IS A LOT MORE FLEXIBLE BASED ON TECHNOLOGY AT THAT TIME, AND PUT THE ONUS ON THE APPLICANT RATHER THAN WRITING A HUNDRED FEET, 50 FEET.
WHICH WE DO NOT HAVE A REALLY IDEA WHETHER THAT'S SUFFICIENT OR INSUFFICIENT.
AND I THINK, UH, IT, IT'S, IT'S GOOD FOR HAVING A TECHNOLOGY, UH, ACCESSIBLE TO THE RESIDENTS AND BENEFITED BY THAT RATHER THAN HAVING A, PUTTING A, PUTTING THEIR, TYING THEIR HAND TO TELL THEM TO KIND OF DO THAT.
I'M NOT MY, I'M GONNA, I'M NOT GONNA GO INTO THE BENEFITS YET, BUT I NEED TO COLLECT CORRECT THE RECORD.
'CAUSE YOU'RE A HUNDRED PERCENT WRONG ABOUT EXPERTISE.
THE BOARD THAT DOESN'T HAVE EXPERTISE IS THIS ONE.
THE BOARD THAT WROTE THE LAW DID OKAY.
'CAUSE THE BOARD BOARD THAT WROTE THE LAW DIDN'T DO IT, DO IT IN A VACUUM.
WE HAD NYSERDA THERE, WE HAD CON EDISON THERE.
[01:15:01]
A, A, A CONSULTANT OUT OF CALIFORNIA.AND CALIFORNIA HAS THE MOST EXPERIENCE, I THINK IN THE COUNTRY PROBABLY WITH THESE INSTITUTIONS BEFORE WE WROTE THE LAW.
SO THE QUESTION REALLY IS HOW CAN THIS BOARD WHICH DOESN'T HAVE THE EXPERTISE OR THE EXPERIENCE AT THE BOARD THAT WROTE THE LAW CORRECT.
CAN CHANGE THE LAW WITHOUT THERE BEING SIGNIFICANT CHANGES THAT WOULD, THAT WOULD ALLOW IT FROM THE TIME WE WROTE THE LAW.
WHICH HAS BEEN THE QUESTION THAT WE'VE BEEN ASKING THEM.
WE'VE BEEN TRANSPARENT ABOUT THAT AND THEY'VE BEEN, I GIVE THEM CREDIT, THEY'VE BEEN INCREDIBLY HONEST ABOUT, ABOUT, ABOUT THAT, AND I APPRECIATE THAT.
BUT THAT'S REALLY WHERE THE QUESTION IS, WHAT HAS CHANGE THAT WILL ALLOW THIS BOARD WITHOUT THAT EXPERTISE TO MAKE THAT KIND OF CHANGE TO A LAW THAT WE HAVEN'T EVEN INS IMPLEMENTED ONE YET.
LESLIE, WERE YOU GONNA SAY SOMETHING? IT LOOKS LIKE YOU WANTED TO, I, I THINK AS A PLANNING BOARD, I NEXT, OH, WALTER, I DIDN'T SEE YOUR NAME.
I DON'T MEAN TO INTERRUPT LESLIE.
BUT AS A BOARD, WITHOUT THE KNOWLEDGE AND WITHOUT THE EXAMPLES, UH, FOR THE TOWN, WOULDN'T IT BE, WOULDN'T WE ERR ON THE SIDE OF BEING MORE CONSERVATIVE? WHY? 'CAUSE THERE'S DANGER.
THAT'S WHY POTENTIAL DANGER MORE THAN, I THINK THERE'S A POTENTIAL DANGER THOUGH ON EVERYTHING.
RIGHT? WELL, THAT'S, I THINK YOUR DECK COULD HAVE POTENTIAL DATA.
WERE, THERE HAVEN'T BEEN FIVE CELL CELL FIRE TOWER TOWERS IN THE LAST SIX MONTHS IN THE STATE OF NEW YORK THERE HAVE ALL UNDER EIGHT 50.
ALL EVERY ONE OF THOSE IS UNDER 8 55.
AND AGAIN, DEPENDING ON, ON THE QUALITY OF THE PEOPLE DOING IT FOR SURE.
AND THAT'S PART OF THE PROCESS.
BUT THERE, DESPITE THE FACT THE REGS HAVE THE SAME FIRE CODE THAT WE HAVE IN OUR CODE.
THERE HAVE BEEN FIVE FIRES IN THE STATE OF NEW YORK ALONE THERE.
OVER 10% OF THESE IN THE UNITED STATES HAVE HAD A FIRE.
10% OF THE INSTALLATIONS IN THE UNITED STATES HAVE HAD A FIRE OVER THE LAST TWO, UH, THREE YEARS.
I LOOKED UP THE STATISTICS ON THAT RECENTLY.
SO WALTER, WELL, UM, WHEN THE LAW WAS WRITTEN, WE KNEW FOR A FACT THAT THERE'LL BE CERTAIN IMPROVEMENTS IN TECHNOLOGY.
SO THE ISSUE FOR US WAS LET'S MAKE SURE THAT, UH, THE UNIT IS SECURE.
SO AS TECHNOLOGY ADVANCE, YOU'LL BE ABLE TO PUT MORE POWER PER FOOT.
AND, AND, AND, AND, AND THE LAW, UH, RECOGNIZED THAT.
NOW YOU INDICATED THAT WITHIN THAT LAW THERE, THAT THERE, I DON'T KNOW, I THINK YOU PRESENT A PRETTY GOOD ARGUMENT THAT YOU COULD INCREASE THE SQUARE FOOTAGE BECAUSE YOU WANT THE OPPORTUNITY TO HAVE A GOOD SOUND BASE AND PUT ANCILLARY EQUIPMENT WITHIN THAT SAME BASE.
THEREFORE YOU WOULD NEED ADDITIONAL SPACE.
THAT'S A VERY LOGICAL ARGUMENT THERE.
BUT THEN TO GO AND SAY LET'S, YOU KNOW, COMPLETELY, UH, OR SUBSTANTIAL, NOT COMPLETELY, BECAUSE THERE ARE THE BASIC, UH, REQUIREMENTS FOR SEC UH, SET, UH, FOR, UM, UH, UH, IMPLEMENTATION FOR SAFETY ISSUE TRAINING AND UH, AND FIRE CALLS THAT, THAT HAS NOT CHANGED.
BUT CUT THIS OUT, THE BASIC, UH, ISSUE OF SAFETY IS STILL AN OUTSTANDING ISSUE THAT THE CHAIRMAN HAS POINTED OUT.
SO TO TAKE A LAW THAT ONLY BEEN ON THE BOOKS FOR A YEAR AND THEN EXPAND THAT IN THE LIGHT OF THE FACT THAT THE GOVERNOR, SOUTH, THE GOVERNOR IS SETTING UP A COMMITTEE TO LOOK AT SAFETY, I THINK AT THIS TIME IT WOULD BE IRRESPONSIBLE FOR US TO JUST COME, YOU KNOW, TAKE THAT ADDITIONAL, UH, UH, CHANGES THAT YOU ARE PROPOSING.
LET, UH, IN AND IN TERMS, WHEN YOU DO NOT KNOW THE OUTCOME WITH ANY TECHNOLOGY THERE IS, THERE'S A CERTAIN AMOUNT UNKNOWN.
I HAVE A TECHNICAL BACKGROUND.
I KNOW THERE'S PROJECTS THAT WE HAVE, UH, EMBARKED, EMBARKED UPON, WHEREBY THERE'S A CERTAIN AMOUNT OF UNKNOWN.
AND IN THOSE CASES YOU TAKE EXTRA PRECAUTION
[01:20:02]
IN ACCOUNTING FOR THOSE POSSIBILITIES.SO, SO I DON'T SEE THAT AS A OVERREACH ON OUR PART IF WE ARE LOOKING, BECAUSE WE DON'T HAVE ALL THE DATA TO ERROR ON THE SIDE OF CAUTION.
AND I DON'T SEE WHY THIS WILL BE A, A MAJOR IMPEDIMENT FOR THE, FOR A CONSTRUCTIVE GROWTH OF THE BATTERY INDUSTRY.
IF I, I THINK THOSE ARE EXCELLENT POINTS.
I, I THINK WE'VE SAID FROM RIGHT AT THE OUTSET THAT, THAT IT'S TOO RESTRICTIVE.
AND I THINK THE COMMENT BEFORE THAT NONE HAVE BEEN IMPLEMENTED OVER THE TWO YEARS IS INDICATIVE OF THAT.
YOU DON'T HAVE TWO BUILT THOUGH.
SO THE THE BECOMES, IT BECOMES A POINT WHERE THINGS COULD GET APPROVED AND NOT BUILT BECAUSE THEY DON'T MAKE SENSE ECONOMICALLY.
AND I THINK THE MORE IMPORTANT POINT WAS, AND AND YOU'VE HEARD THE TESTIMONY FROM ANTHONY SPECIFICALLY, THERE'S NOTHING MORE INHERENTLY LESS SAFE BASED ON THE PROPOSED CHANGES THAT WE'RE ASKING FOR.
THERE, THERE, THE, THE, THE CHANGE IN SQUARE FOOTAGE.
THE INCREASE IN SQUARE FOOTAGE, GIVEN SOME OF THE THINGS THAT, THAT YOU HIGHLIGHTED.
THE FACT OF THE ANCEL EQUIPMENT, YES.
WE'LL BE ABLE TO PUT MORE BATTERY EQUIPMENT IN THE, IN THE SQUARE FOOTAGE WE'RE ASKING FOR, BUT THAT DOESN'T MAKE IT LESS SAFE.
THERE'S, THERE'S NOTHING ON THE RECORD TO SAY THAT MAKES IT LESS SAFE.
THERE'S NOTHING ON THE RECORD TO SAY THAT 3,500 SQUARE FEET IS SAFE, BUT THE 12,500 SQUARE FEET IS NOT SAFE.
BUT WHAT I BUT WHAT IS THERE IS THAT THE 3,500 IS JUST TOO TIGHT.
AND THAT'S WHAT WE'RE TELLING YOU.
THAT, THAT THIS IS WHY WE'VE SPENT THE TIME AND THE MONEY.
'CAUSE WE'VE POSTED AN ESCROW FOR YOUR CONSULTANT TO LOOK AT.
AND I THINK YOU HEARD FROM HIM LAST MONTH.
THERE'S NOTHING TO SAY THAT THE INCREASE IN THE SQUARE FOOTAGE IS LESS SAFE.
IT'S NOT EXACTLY WHAT YOU SAID.
IN, IN ADDITION TO THE FACT THAT WE'RE NOT PROPOSING A CHANGE IN THE LOT SIZE, AGAIN, THOSE ARE SIGNIFICANT LOT SIZES TO YOUR POINT, THE LOT SIZES ARE 40,000, 80,000 SQUARE FEET.
THAT REQUIRES A TREMENDOUS LOT SIZE.
THAT'S A BIG, THAT'S A BIG LOT.
THE NO CHANGE IN THE PROPOSED SETBACK, THE 300 FEET WHICH YOU DEEM SAFE IS STILL THE 300 FEET.
THERE'S NO PROPOSED CHANGE TO THE SETBACK TO THE PROPERTY LINE.
YOU DEEM THE SETBACK TO THE PROPERTY LINE OF A HUNDRED FEET WITH THE WAIVER DOWN TO 50 TO BE SAFE.
WE'RE NOT PROPOSING TO CHANGE THAT.
SO THE MOST IMPORTANT COMPONENTS OF THE CODE ARE STILL THERE.
WE STILL HAVE TO MEET THE RESIDENTIAL SETBACK.
WE STILL HAVE TO MEET THE PROPERTY LINE SETBACK.
WE STILL HAVE TO PROVIDE ALL OF THE REPORTS THAT ARE REQUIRED BY THE CODE.
ALL OF THE TRAINING, ALL OF THE BONDING, ALL OF THE FIRE DEPARTMENT, UH, REVIEWS, NONE OF THAT IS CHANGING.
SO MY POINT IS, IS THAT THE ADDITIONAL BULK THAT I WOULD SAY WE'RE ASKING FOR, THERE'S NOTHING TO SAY THAT'S, THAT'S LESS SAFE.
BUT WE ARE TELLING YOU THAT IT'S NECESSARY IN ORDER TO ACTUALLY BUILD ONE OF THESE THINGS AND MAKE IT AND MAKE IT FEASIBLE.
ANYBODY ELSE? JOHAN, MICHAEL OR I, I JUST HAVE A QUESTION AND HEARING YOU SAY LESS SAFE DOES LESS LESS SAFE EQUAL DOES, DOES, DOES THE UNIT, UH, DOES A UNIT IN AND OF ITSELF BECAUSE IT'S LESS, NOT LESS SAFE, DOES THAT STILL DISQUALIFY FROM NOT BEING MORE DANGEROUS? NO, ABSOLUTELY NOT.
LEMME TELL YOU WHY WE'RE NOT PUTTING KRYPTONITE HERE.
OKAY? WE'RE PUTTING SOMETHING THAT'S UL LISTED, SOMETHING THAT'S PROMOTED BY THE STATE GOVERNMENT, SOMETHING THAT WE HAVE TO GET A BUILDING PERMIT FOR.
SOMETHING THAT COMPLIES WITH THE NEW YORK STATE BUILDING AND FIRE CODE.
WE'RE, WE ARE, WE'RE BUILDING A USE THAT HAS BEEN VERY WELL REVIEWED AND IS, AND IS PERMITTED UNDER THE NEW YORK STATE BUILDING AND FIRE CODE PROVIDED AND UNDER YOUR TOWN CODE PROVIDED WE MEET CERTAIN REQUIREMENTS FROM A SAFETY STANDPOINT, THERE IS NOTHING THAT WE'RE ASKING FOR TO SAY IT'S LESS SAFE.
ALL WE'RE ASKING FOR IS A LITTLE BIT MORE OF IT TO MAKE IT FEASIBLE TO BUILD ONE OF THESE.
EVERYTHING HAS A SAFETY FACTOR.
EVERYTHING THE TREE OUTSIDE COULD FALL ELECTRICITY.
I'M SURE I CAN FIND PLENTY OF FIRES CAUSED BY ELECTRICITY.
THERE WAS JUST A CASE OVER IN ROCKLAND COUNTY WHERE THEY WERE CLEANING THE, THE, THE KOSHER KITCHEN WITH A, WITH A BLOW TORCH.
SO, YOU KNOW, I, YOU KNOW, THERE'S ALWAYS, THERE'S ALWAYS SOMETHING.
YOU KNOW, YOUR CAR, HOW SAFE IS YOUR CAR?
[01:25:01]
OKAY.THERE'S 30 TO 40,000 FATALITIES ON THE HIGHWAYS OF AMERICA EVERY YEAR.
SO, BUT THE POINT IS, IS THAT WE'RE PROPOSING SOMETHING THAT IS UL LISTED THAT DOES HAVE CRITERIA THAT WE HAVE TO MEET THAT DOES HAVE A BUILDING PERMIT PROCESS.
YOU'RE SAYING THERE'S, THERE'S, THE RISK IS UNDERSTOOD, THERE'S RISK IN EVERYTHING.
AND THE, UH, CRITERIA THAT THE TOWN SET FORTH, YOU'RE NOT MAKING ANY CHANGES WITH THE EXCEPTION OF YOU'RE GOING TO PUT MORE SO THE SETBACKS, EVERYTHING ELSE WILL BE THE SAME.
AND UH, YOUR POINT IS THAT UH, EVEN IF THERE'S MORE, IT DOESN'T INCREASE THE RISK OF DANGER.
AND THAT IS BECAUSE OF THE ONE THING THAT DID CHANGE, WHICH IS THAT THE TECHNOLOGY, PARTICULARLY THE TECHNOLOGY WE'RE USING IS NOT THE SAME TECHNOLOGY FROM TWO YEARS AGO.
THERE'S LESS CHANCE OF THAT RUNAWAY THAT EVERYTHING IS SEPARATED.
LEMME MICHAEL, A QUESTION AND THEN A COMMENT QUESTION.
IS THIS, YOU WANNA GO FROM 12,000 KILOWATT HOURS TO 30,000 KILOWATT HOURS.
HOW MANY TESLA UNITS ARE IN THE 12,000 KILOWATT HOUR FACILITY? FOUR PACK.
ANTHONY, YOU WANT OH, ROUGHLY TAKE THAT ONE.
SO WE'RE DOING, I THINK IT'S ABOUT FOUR, I THINK 30,000.
BUT WE'RE GOING 30,000 OPERATION FOUR 10 DIVIDED BY 9, 7, 9, 8 MEGAS.
NO, I'M SORRY, YOU SAID ON 12,000 EXISTING 12,000.
SO IT BE THREE, BUT YOU DO TWO.
SO WE LOOKING FOR YEAH, IT'S THREE, RIGHT? ABOUT THREE.
BECAUSE OF IT'S EXPANDED, RIGHT? SO IT'S THREE.
IF THAT 30,000 ROUGHLY, THAT WOULD SAY EIGHT.
IT COMES OUT TO SEVEN AND A HALF.
SO, SO, SO LOOK, HERE'S MY COMMENT.
IF A MEGA PACK HAS A ONE IN A ONE IN A HUNDRED CHANCE OF CATCHING FIRE, AGAIN, I'M MAKING UP NUMBERS.
RIGHT? THAT'S 3% CHANCE THAT ONE OF THOSE THREE PACKS IN ANY GIVEN YEAR WILL CATCH FIRE.
THE EIGHT PACK IT WOULD BE A EIGHT AND A HUNDRED CHANCE IN ANY GIVEN YEAR.
I'M JUST TALKING PROBABILITY, RIGHT? I'M TALKING ARITHMETIC AND I HOPE I'VE GOT A RIGHT FROM MY 10TH GRADE PROBABILITY CLASS.
SO, SO I MEAN, TO TAKE, TO TAKE JOHAN'S POINT, LOOK, ALL OF ALL OF THE THINGS BEING EQUAL, IF YOU DOUBLE THE CAPACITY, YOU'RE GONNA DOUBLE THE RISK.
HOWEVER SMALL, YOU'RE GONNA DOUBLE THE RISK THAT THERE'LL BE A FIRE.
YOU KNOW, MAYBE YOU'RE NOT INCREASING THE DANGER BECAUSE IT CAN BE CONTROLLED.
BUT WHEN YOU SAY IT'S EQUALLY SAFE, TO ME, THAT DOESN'T QUITE SOUND RIGHT.
I'M NOT SAYING IT'S A BAD IDEA AND I'M NOT SAYING IT'S DOUBLY DANGEROUS, NOTHING LIKE THAT.
BUT THERE'S AN ISSUE WITH DOUBLING THE SIZE.
THAT'S MY, I MEAN, YOU COULD PUT, YOU COULD, YOU COULD PUT 'EM ON BACK-TO-BACK PROPERTIES.
NOW IT DOESN'T MAKE ECONOMIC SENSE BECAUSE WHEN YOU LOOK AT THE PLAN, EVERYTHING WE HAVE TO DO IS A LOT.
I MEAN, WHAT WE HAVE TO DO TO ACTUALLY INSTALL ONE OF THESE, IT'S TREMENDOUS.
I MEAN IT'S OFF CHARTS TREMENDOUS.
SO YOU KNOW, YOU COULD PUT, BUT UNDER YOUR CODE YOU COULD PUT ONE ON ONE LOT AND ONE ON THE NEXT LOT.
AND IS THAT LESS SAFE? IS THAT MORE DANGEROUS? NO, I THINK IT'S THE SAME.
I THINK IT'S THE SAME THING TO YOUR POINT.
BUT NOW YOU DON'T, IF YOU PUT FOUR ON ONE, FOUR IN ANOTHER, IT'S THE SAME AS EIGHT ONE.
SO WHY IS THAT? WHY IS THAT? I GOT THAT.
WHY IS THAT NOT LESS SAFE? IT'S NOT.
YOU WANNA SAY ANYTHING? I DON'T HAVE QUESTIONS.
I HAVE COMMENTS WHEN YOU'RE ASKING FOR COMMENTS.
WELL PEOPLE HAVE BEEN DOING BOTH, SO IF YOU WANT TO GIVE SOME COMMENTS, GO AHEAD.
NO, I, I THINK TO THE POINT THAT I JUST WAS, MY NEXT QUESTION WAS BASED ON THE NUMBERS AND OF THE UNIT INSTALLED AND THEN WHAT THE FIRE LIKE FIVE OR SOMETHING IS, CAN YOU GIVE US THAT INFORMATION? OR IT'S LIKE, SAY THERE ARE 2000 UNITS INSTALLED AND THERE WAS A FIRE, FIRE SO FAR 50 OR THERE IS A 10 INSTALLED AND THERE IS FIRE.
YEAH, I MEAN WE, WE COULD GIVE YOU THE STATISTICS.
I I, SO FROM OUR PERSPECTIVE IT'S NOT ANY MORE DANGEROUS, RIGHT? SO THERMAL RUNAWAY AND PROPAGATION IS WE GO BY
[01:30:01]
THE 95 40 TESTING DATA AND BY THE NUMBERS.YOU'RE INCREASING YOUR CHANCES OF, YOU KNOW, ONE OF THEM TAKING, TAKING OFF.
BUT IT DOESN'T MAKE THE SITE INHERENTLY ANY MORE DANGEROUS FOR US BECAUSE IT'S GONNA REACT THE SAME WAY, WHETHER IT'S ONE OR EIGHT.
NO, THE, THE POINT IS STATISTICS, WHAT HE WAS SAYING THAT IF YOU HAD A THREE TO, UH, 3000 TO 30,000 AND PUTTING THE LINEAR KIND OF PROJECTION ON THE RISK, WHAT MY, MY REQUEST IS THAT IF YOU CAN PROVIDE THAT EFFORTS LIKE 10,000 INSTALLED AND THERE IS FIVE FIRES AND THEN THE RISK OF INCREASING SIZE WOULD BE LIKE INSTEAD OF 0.01, IT'S A 0.02.
SO THAT'S WHAT THE NUMBERS WILL HELP KIND OF.
UH, JOHANN'S QUESTION ABOUT, I MEAN YOU TAKE INTO ACCOUNT EVERY TESLA CAR THAT'S DRIVING AROUND.
I MEAN I'M JUST RESPONDING TO FIVE FIRES.
LEMME SPEAK TO THAT BECAUSE I DID DO SOME RESEARCH ON THIS.
AND SO, SO THE BOARD, FIRST OF ALL, UP UNTIL LAST YEAR, THERE ARE ABOUT 400 OF THESE INSTALLATIONS ALREADY IN THE UNITED STATES.
NOT JUST TESLA, YOU'RE SAYING OLD AND I ONLY ABOUT LAR I'M ONLY TALKING ABOUT LARGE ONES.
AM I INCORRECT? YOU HAVE TO EIGHT DATE NUMBERS.
I THINK FROM THE NUMBER PROJECTS I THINK IS LESS RELEVANT THAN THE NUMBER OF MEGAWATTS DEPLOYED BECAUSE THAT'S RELATIVE TO THE NUMBER OF CELLS THAT ARE ACTUALLY IN OPERATION.
IF YOU WANNA TALK ABOUT STATISTICS, THAT'S WHAT MATTERS.
SO, SO IF YOU CAN GIVE US THAT, I THINK MIKE HAS A REALLY A GREAT QUESTION WITH HIS 10TH GRADE
WELL, LEMME JUST GO ON BY THE WAY, ALSO SIZE DOES MATTER.
IF YOU ACTUALLY READ THE, UH, FIRE, WHICH THE US FIRE PREVENTION, WHATEVER THEY'RE CALLED N N N P A F OR WHATEVER IT IS, N S P A, NATIONAL FIRE PROTECTION.
I READ, I WAS ON THEIR WEBSITE.
THEY DO HAVE CONCERNS AND CAUTION ABOUT DOING SOME OF THE THINGS WE'VE DONE IN OUR LAW OKAY.
SO THEY, THEY'RE STILL NOT, NOT NOT.
AND OBVIOUSLY YES, NEW YORK DOES LOTS OF THINGS PREMATURELY.
OKAY? UH, MARIJUANA LAW IS A PERFECT EXAMPLE OF, OF RUNNING BEFORE THEY, THEY COULD WALK OKAY? AND STICKING IT WITH THE MUNICIPALITY TO WRITE A LAW WITH NO GUIDELINES.
AND WE HAD TO FIND OUT OURSELVES THAT THEY, THAT ENERGY WAS AN ISSUE WITH, WITH, UH, WITH UH, CULTIVATING MARIJUANA WITH WATER AND ELECTRICITY.
AND WE ACTUALLY PUT SOMETHING, A WATER TO, TO DO THAT.
THEY'RE SO INTERESTED IN GREEN ENERGY, WHICH I AM TOO.
OKAY? I'M ALL FOR GREEN, GREEN ENERGY.
THEY DIDN'T GIVE A LOT OF GUIDANCE EXCEPT FOR THE NYSERDA TEMPLATE, WHICH WAS OKAY.
WE DIDN'T THINK IT WAS FAR ENOUGH.
BUT NOW THEY'RE GOING BACK BECAUSE THERE'VE BEEN FIVE FIRES.
AT SCHOOLS IN WARWICK, WHICH MAY OR MAY NOT BE HEADED FOR LITIGATION.
'CAUSE WE CAN'T GET INFORMATION FROM THAT SCHOOL DISTRICT.
INTERESTINGLY, RIGHT NOW WE TRIED, OKAY? BECAUSE OF THAT, THEY'VE FORMED A COMMISSION TO LOOK INTO THIS.
OKAY? THERE'S A REASON THEY DID THAT.
THEY DIDN'T DO IT FOR THEIR HEALTH.
IT'S BECAUSE THE TECHNOLOGY IS MOVING FASTER.
OKAY? THE TECHNOLOGY IS MOVING FASTER THAN THE MUNICIPALITIES ARE KEEPING UP WITH IT.
THAT'S WHERE WE CREATED THE BATTERY COMMITTEE IN THE FIRST PLACE.
THAT'S WHERE WE CREATED A COMMITTEE, WHICH TOM THE CO-CHAIRS, WHICH IS AN ALTERNATE ENERGY COMMITTEE TO, TO DISCUSS ALL OF THE THINGS WERE RELATED TO THIS SOLAR CELLS WIND CHARGING STATION.
OKAY? SO THERE IS CAUTION, OKAY? THERE IS ALREADY CAUTION OUT THERE.
ONE OTHER THING I DO WANT TO SAY, IT ISN'T ONLY ABOUT THE AMOUNT, OKAY? IT'S NOT ONLY ABOUT THE AMOUNT, IT'S ALSO ABOUT THE PROLIFERATION.
IF YOU WERE COMING IN HERE FOR A VARIANCE, WE MAY BE HAVING A VERY DIFFERENT DISCUSSION.
WE WILL OPINE, WE WOULD OPINE TO THE ZONING BOARD.
OKAY? I THOUGHT ABOUT YOUR ARGUMENT, SIR, THE LAST TIME I WAS PUTTING IT IN THE HANDS OF THE ZONING BOARD.
IT NEVER GOES COMPLETELY IN THE HANDS OF THE ZONING BOARD FOR TWO REASONS.
ONE, WE HAVE A RECOMMENDATION.
TWO, WE STILL HAVE SPECIAL AT THE END OF THE DAY IT'S OUR SPECIAL PERMIT, NOT THE ZONING BOARDS.
EVEN IF THEY HAD TO RULE ON THE VARIANCE, IT WOULD HAVE TO COME BACK TO US.
AND MY GUESS IS IN THIS PARTICULAR CASE WHERE WE'RE THE ONES RESPONSIBLE WITH SPECIAL PERMIT, THEY WOULD YIELD TO TO OUR ATION CAN'T GUARANTEE IT.
AND THERE ARE TIMES, AND THIS MAY BE ONE OF 'EM, AS I SAID, I LITERALLY HAVE BEEN BLIND TO YOUR PARTICULAR SITE PROPOSAL BECAUSE THAT'S NOT WHAT THIS IS ABOUT.
THAT'S WHAT'S MAKING THIS HARD.
IF I COULD HAVE LOOKED AT YOUR SITE PROPOSAL AND SAY, YEAH, YOU KNOW, I THINK WE CAN DO IT HERE, THAT'S ONE THING.
[01:35:01]
PROLIFERATION, THE PUSHBACK.DO YOU KNOW WHY IT TOOK SO LONG TO, TO GET THOSE TWO APPROVED? DO YOU HAVE ANY IDEA WHAT THE TWO THAT WE HAD IN CENTRAL AVENGER, WHICH BY THE WAY ARE MUCH SMALLER.
DO YOU KNOW HOW, AND THEY'RE IN THE MIDDLE OF A PARKING LOT.
UM, DO YOU KNOW WHY IT TOOK SO LONG? WASN'T THIS BOARD THE APPROVAL BOARD? IT WAS THE FIRE DISTRICT BECAUSE THEY DON'T HAVE ANY EXPERIENCE WITH THESE, THESE THINGS AND THEY'RE SCARED OF THEM.
WELL, IMAGINE IF OUT OF THE 28 THAT YOU GUYS, YOU GUYS DID SOMETHING VERY GOOD.
YOU TOOK THE RESIDENTIAL EQUATION OUT BY TAKING OUT THE CA ZONE.
YOU'VE DONE A LOT OF SMART THINGS HERE.
OKAY? NO, I'M, I'M, I'M TRYING TO BE AS HONEST, HONEST AND TRANSPARENT AS POSSIBLE HERE.
BUT BY DOING THAT, THE CONCENTRATION OF THESE ARE IN ONE FIRE DISTRICT, PRIMARILY FAIRVIEW.
I'M HAVING, WE HAD DIFFICULTY NEGOTIATING OR THE APPLICANTS DID THE APPLICANT 'CAUSE IT WAS THE SAME APPLICANT FROM BOTH, BOTH OF THOSE.
THOSE HAD DIFFICULTY NEGOTIATING WITH THE FIRE DISTRICT ON TWO THAT WERE IN THE MIDDLE OF A PARKING LOT WALTER'S HANDOUT.
BUT, BUT DOES THAT MAKE IT BUT DOES THAT MAKE IT SO LIKE THE, LIKE FAIRVIEW FIRE DISTRICT, YOU TALKED ABOUT CELL PHONE TOWERS AND THEY PUT A CELL A TOWER ON THEIR PROPERTY DIFFERENT AND 20 YEARS AGO EVERYONE WOULD'VE BEEN, IT'S DIFFERENT.
BUT THERE WAS, IT WAS, IT WAS FALSE INFORMATION.
WELL THIS ISN'T FALSE, THIS IS REAL INFORMATION, BUT IT SHOULD DIFFERENT.
THAT'S A DIFFERENT, THERE THERE IS TOXIC TO GAS THAT COMES OFF THAT YOU DO NEED TO WEAR P P E YOU DO NEED TO BE SPECIALLY TRAINED TO DEAL WITH THESE THINGS.
AND THE WHOLE, THEY CAN BURN FOR DAYS.
A TESLA CAR CAN BURN FOR SEVERAL HOURS AND IT TAKES 30,000 GALLONS OF WATER JUST TO KEEP IT UNDER CONTROL.
YOU NEVER PUT, PUT THOSE FIRES OUT 'CAUSE YOU CAN'T.
WALTER, YOU HAD SOMETHING TO SAY.
UM, DO YOU WANNA SAY SOMETHING AFTER THIS TIME? OKAY.
UH, LOOKING AT THIS
SO THERE ARE TWO CIRCUITS THERE AND WE'RE TRYING TO MAXIMIZE THE CAPACITY AND NEED ON THOSE CIRCUITS.
AND I THINK THAT WOULD BE THE SAME FOR EVERY DEVELOPER, UNLESS THEY'RE DOING IT AS A DEMONSTRATION.
BUT FOR A BUSINESS, IT'S ALSO YOUR BUSINESS MODEL, RIGHT? FOR US TO SCALE, WE, WE NEED TO BE ABLE TO MAX MAXIMIZE, AND THAT'S HOW WE'RE DOING.
WE ARE GOING IT BASED ON THE NEED.
AND IN THIS AREA IT'S, IT'S GENERALLY, UH, THEY CALL A NON-NETWORK RADIAL.
SO YOU'RE GONNA BE ON LOOPS, RIGHT? OR A FOUR KV MESH GRID.
AND THEY GENERALLY TAP OUT AROUND THREE M B A THREE TO 3.6 M B A.
AND THAT'S WHAT WE'RE BASING OUR INTERCONNECTION ON.
YOU HAVE TWO POSSIBLE FEES, YES.
WHILE YOU ARE GOING TO THE LARGER SITE, BUT WE HAVE TO LOOK AT WHAT'S THE IMPACT TOWN WIDE IN THOSE AREAS WHERE THEY DON'T HAVE, UH, UH, UM, THE DOUBLE FEE.
SO I'M JUST TRYING TO SEE, WE CAN'T LOOK AT THIS LAW AS IN TERMS OF YOUR PARTICULAR PROJECT SITE.
WE HAVE TO LOOK AT THE FACTS ON THE TOWN.
SO MY STILL COMES BACK TO MY QUESTION IN GENERAL, NOT SPECIFIC TO YOUR SITE.
IN GENERAL, ARE YOU SAYING THAT THE CURRENT LAW DOES NOT MAKE IT FEASIBLE TO BUILD, UH, A BATTERY PACK TO BUILD A PROFITABLE ONE? I THINK IS WHAT THEY'RE SAYING.
AND I THINK WHEN YOU LOOK, I THINK WHEN YOU, WHEN YOUR, YOUR COMMENT ABOUT TOWN WIDE IS IMPORTANT.
THAT'S WHY WE DID THE MAP AND WE, WE JUST RECENTLY SUBMITTED THE INTERACTIVE MAP TOWN WIDE.
WE'RE TALKING ABOUT 26 LOTS THAT THIS CODE CHANGE WOULD IMPACT.
AND OUT OF THOSE 26 LOTS, I THINK FIVE OF THEM WERE CONTROLLED BY THE TOWN OR THE COUNTY.
SO YOU'RE REALLY DOWN TO 20 OR 21 LOTS THAT, THAT THIS CODE CHANGE WOULD AFFECT.
AND AS ANTHONY'S TELLING YOU THAT THIS CODE CHANGE IS, IS INTENDED, YOU KNOW, BECAUSE WE ARE, WE DID IDENTIFY THIS PROPERTY AS AN IDEAL FIT GIVEN ITS LOCATION TO THE TWO FEETER LINES.
SO WE GET THAT YOU WANNA LOOK AT THIS HOLISTICALLY, AND I THINK WE SHOWED YOU WITH THE EVIDENCE THAT HOLISTICALLY THE IMPACT IS MINIMAL ON THE NUMBER OF LOTS THAT THIS WILL AFFECT.
AND THAT'S JUST POTENTIAL LOTS.
THAT DOESN'T MEAN THOSE PROPERTY OWNERS ARE GOING TO
[01:40:01]
LEASE.THAT DOESN'T MEAN THAT THAT THOSE LOTS OF FEASIBLE FROM A FEED OF LINE STANDPOINT.
SO AGAIN, IT'S, IT'S, IT'S VERY, VERY FOCUSED, PARTICULARLY GIVEN ALL THE CHANGES THAT WE'VE MADE FROM OUR ORIGINAL PROPOSAL.
TOM, IS THERE ANY OTHER LOTS THAT HAVE TWO FEEDS WITHIN THE, WITHIN THE, THE, THE ZONE THAT YOU LOOKED AT? ARE THERE ANY OTHERS THAT HAVE THE SAME KIND OF CAPACITY? I DON'T KNOW THAT LEVEL OF GRANULARITY, BUT I, I WOULD SAY THIS AND TYPICALLY AN ORDER LOOP IS FED BIDIRECTIONALLY.
SO THERE'S TWO FEEDS THROUGH A SET OF CLOSURES AND THAT'S WHY WE PICKED IT.
IN GENERAL, YOU'LL HAVE TWO FEEDS IN AREA.
ONE THING I WANT, I JUST WANT, WANT YOU TO KNOW AND MAYBE WHERE WE JUST TO LEAD YOU DOWN MAYBE A SLIGHTLY DIFFERENT PATH.
OBVIOUSLY OUR PROBLEM IS IT'S TOWN WIDE, OKAY? NOT ALWAYS IT TOWN WIDE, BUT IT'S ALSO CONCENTRATED IN ONE FIRE DISTRICT, DISTRICT PRIMARILY.
THOSE ARE OUR TWO ISSUES WITH THIS.
OKAY? NUMBER ONE, WHAT WE DID ON THE TYPE ONES, IF YOU NOTICE WE NOT ONLY LIMITED THE ACREAGE AND THE SETBACKS, WE ALSO LIMITED THE DISTANCE FROM A SWITCHING STATION.
SO THERE MAY BE ANOTHER WAY OF CUTTING THIS THAT WOULD LIMIT THIS EVEN MORE THAN YOU'RE LIMITING IT NOW THAT THAT'S ONE POSSIBILITY.
SEE WHAT I'M SAYING? IT IT, I THINK THIS, I THINK IF, LOOK THIS SITE'S IMPORTANT TO US, THAT'S WHY WE CAME HERE.
IF IN YOUR RECOMMENDATION TO THE TOWN BOARD THERE WERE ADDITIONAL LIMITS THAT LIMITED OTHER PLACES IN THE TOWN, I THINK THAT'S SOMETHING THAT THE BOARD ORDER SHOULD CONSIDER OR YOU COULD COME BACK WITH A VARIANCE.
THOSE ARE THE TWO, TWO CHOICES.
YOU KNOW, THE VARI, AGAIN, THE, YOU KNOW, MY MAIN POINT ABOUT THE VARIANCE WAS, YOU KNOW, YOU ISSUE A VARIANCE IN ONE SPOT THE NEXT TIME THAT CREATES SOME PRECEDENT.
BUT, BUT YOU KNOW WHAT? YOU SAID THE SAME THING.
YOU SAID THAT AND THEN THE LAST TIME YOU SAID, WELL DEPEND ON, ON YOUR WONDERFUL BOARD WHO HAS THIS WONDERFUL LAW TO USE THEIR JUDGMENT.
AS I SAID THIS, THE LESS DESCRIBE, AND YOU KNOW THIS AS AN ATTORNEY, OKAY? UM, THE LESS DISCRETION YOU HAVE IN A LAW, THE STRONGER THE LAW IS FOR THE EXACT REASON YOU SAID BECAUSE YOU CAN BE CREATING LAW BY DOING VARIANCES OR USING DISCRETION INDISCRIMINATELY.
AND I, I ACTUALLY CHECKED THIS WAS COUNSEL MYSELF, WHICH KIND OF PUT ME IN ONE DIRECTION ON THIS.
OKAY? 'CAUSE I SUGGEST, YEAH, LET ME FINISH.
I, I SUGGESTED, WELL MAYBE WE HAVE SOME, PUT SOME DISCRETIONARY LANGUAGE IN.
IT WOULD BE SOMEWHAT TO A VARIANCE THAT YOU HAD TO DEMONSTRATE THESE KINDS OF THINGS TO BE CONSIDERED FOR THE EXPERI.
I THOUGHT ABOUT THAT AS AN OPTION.
AND SO I, I TALKED TO, TALKED TO COUNSEL ABOUT IT AND AT THE END OF THE DAY I SAID, YOU KNOW, ALL YOU'RE DOING IS TAKING THE STANDARD THAT WAS IN THE ZONING BOARD ANYWAY.
AND NOW PUTTING IT ON YOU, YOU HAVE THE SAME RISK.
OKAY? EITHER WAY, WE HAVE THE SAME, SAME RISK AND GENERALLY THE PLANNING BOARDS, UH, IN ALMOST EVERY CASE, EXCEPT IN THE CASE THAT WE'RE RECOMMENDING SOMETHING TO THE TOWN BOARD, WE HAVE VERY LIMITED DISCRETION.
WE HAVE JUDGMENT, NOT DISCRETION.
WE HAVE TO FOLLOW WHAT'S ON THE BOOKS.
I, I THINK, I THINK TOWN LAW IS VERY CLEAR.
YOU HAVE THE ABILITY TO WAIVE SPECIAL PERMIT CRITERIA.
I MEAN THAT'S, THAT'S TOWN LAW WAIVER OF SPECIAL PERMIT CRITERIA.
THAT'S A, THAT'S A FACT UNDER THE LAW.
THAT'S A GUARANTEED ARTICLE 78 IF SOMEBODY WANTS TO DO IT TOO.
'CAUSE WE'VE HAD THAT HAPPEN EVEN WHEN IT'S GONE TO A ZONING BOARD.
WE'VE HAD THAT HAPPEN ON THIS TOWN.
WELL I THINK I, LOOK, I THINK, YOU KNOW, WE HAD THIS DISCUSSION LAST TIME THAT THE WOULD'VE SHOULD'VE, COULD'VE POSSIBLE.
I MEAN, WE COULD DEBATE THAT UNTIL YOU HAVE AN APPLICATION THAT'S IMPOSSIBLE AND I GET YOU WANT A STRONG LAW, BUT I'D LIKE TO, YOU MIGHT NOT GET A PROJECT EITHER.
YEAH, FIRST OF ALL, I HAD THE SAME THOUGHT AS MICHAEL, YOU KNOW, AND I THINK MAYBE JOHANN MORE CABINETS, MORE LIKELIHOOD FOR SOMETHING TO GO WRONG, WHETHER IT'S MORE DANGEROUS, NOT, I CAN'T SAY, UM, IN CONSIDERING A CHANGE TO THE LAW.
I LOOK AT THE LAW WAS PASSED TWO YEARS AGO AND A LOT OF THOUGHT AND CONSIDERATION AND RESEARCH WENT INTO IT.
AND I'M NOT PRONE TO WANTING TO CHANGE IT SIGNIFICANTLY.
CERTAINLY NOT TO THE MAGNITUDE OF TWO OF YOUR REQUESTS WITHOUT THERE BEING SOME REAL JUSTIFICATION FOR IT OTHER THAN YOUR BUSINESS OPPORTUNITY, WHICH I UNDERSTAND IT'S A GREAT LOCATION FOR YOU.
IT COULD BE PROFITABLE, IT'S A GREAT OPPORTUNITY.
BUT WHAT DOES IT MEAN FOR THE TOWN? WELL, YOU KNOW, IN TERMS OF INCREASING FROM SIX TO EIGHT, INCREASING
[01:45:01]
FROM 10 TO 12 FEET, THAT'S NOT A BIG CHANGE.BUT MORE THAN DOUBLING THE CAPACITY MORE THAN TRIPLING THE FOOTPRINT DOESN'T SEEM JUSTIFIED TO ME BASED ON WHAT CHANGES HAVE HAPPENED IN THE LAST TWO YEARS.
CAN I ASK A QUE I HAVE ONE FOLLOW UP QUESTION TOO.
SO, UM, I'M, I'M BEING HONEST THOUGH.
SO THERE'S CAPACITY ON THOSE FEEDERS, RIGHT? AND WHETHER IT'S ONE SITE OR THREE SITES, UNTIL THAT CAPACITY IS USED UP, ANOTHER DEVELOPER COULD COME IN BASED ON YOUR EXISTING CODE.
WE'RE TRYING TO BUILD THIS AND MAXIMIZE IT AND MAKE IT AS SAFE AS POSSIBLE.
SO WHETHER WE BUILD THREE 12,000 UH, KILOWATT HOUR SITES ON ONE 30,000, IT'S THE SAME THING.
WELL, THEY'D BES MORE SEPARATED, THEY'D HAVE TO HAVE MORE BETWEEN, DUNNO, THAT'S A GOOD THING.
BUT I'M NOT EVEN TALKING SO MUCH ABOUT THE SAFETY MAY NOT BE, I'M TALKING ABOUT THE DEGREE OF CHANGE THAT YOU'RE ASKING FOR IN TWO OF THE AREAS, RIGHT? WHEN ONE, THERE HASN'T BEEN MUCH CHANGE IN THE CODES.
THERE MAY HAVE BEEN SIGNIFICANT INCREASES IN TESLA BATTERIES, BUT WE'RE TALKING NOT JUST ABOUT TESLA HERE, BUT ABOUT ALL BATTERIES.
THERE HAVE BEEN SEVERAL SIGNIFICANT SAFETY IN INSTANCES, UM, NEARBY.
AND THE GOVERNMENT IS NOW LOOKING AT A TASK FORCE TO, TO UNDERSTAND THAT.
MY QUESTION WHEN I SIT DOWN AND GO THROUGH EVERYTHING IS WHAT'S OUR HURRY TO CHANGE THIS VERY WELL THOUGHT OUT LAW OTHER THAN YOU'RE HERE IN FRONT OF US.
OKAY? CAN I ASK A QUESTION? WHY, WHY, WHY 30 512,000 KILOWATT HOURS? I'M SORRY, WHY 3,500 SQUARE FEET IN 12,000 KILOWATT HOURS? I DIDN'T, WHAT WAS THE MAGIC? I DIDN'T WRITE THE LAW.
I DON'T, I DON'T THINK IT WAS MAGIC, IT WAS CONSERVATIVE.
I I, AT THE END OF THE DAY, THERE WAS A LOT OF DISCUSSION ABOUT THE TIER TWO TWO AND IT WAS CONSERVATIVE.
OKAY, BUT SO IN TIER ONE YOU CAN GO MUCH HIGHER, RIGHT? NO TIER THREE, I MEAN YEAH, TIER THREE YOU CAN GO, YOU CAN GO TREMENDOUSLY HIGHER.
WELL, IN TIER THREE THOUGH, YOU CAN ONLY DO TWO OF THEM IN, IN THE WHOLE, WHOLE WHOLE UH, TOWN.
OKAY, BUT THEY'RE, BECAUSE THERE ARE ONLY TWO SWITCHING STATIONS THAT ARE CLOSE IN.
BUT, BUT AT THAT DENSITY AND THAT SIZE, OBVIOUSLY IT WAS SAFE ENOUGH TO MAKE IT APPROVABLE, RIGHT? AND WHAT I'M SAYING IS WHY, WHAT'S THE MAGIC IN 3,500 SQUARE FEET IN 12,000 AND 12,000 KILOWATT HOURS? I DON'T THINK, I DON'T SEE, TO BE QUITE HONEST.
I DO KNOW AT THE TIME WE WERE TRYING TO BE CONSERVATIVE.
WE WERE, WE WERE CONSERVATIVE 'CAUSE REMEMBER THAT INCLUDED THE CA ZONE AT THE TIME, WHICH YOU'VE TAKEN OUT.
UM, BY THE WAY, SO I, I CAN'T ANSWER THAT, BUT I CAN'T ANSWER, BUT I DO HAVE ANOTHER, I REALLY CAN'T ANSWER.
I, I GUESS MY POINT IS THIS, MY POINT IS THAT I THINK IT WAS OVERCONSERVATIVE, I THINK IT MAY HAVE BEEN MAYBE, I THINK IT MAY HAVE BEEN, YOU KNOW, SETTING THE SPEED LIMIT AT 20 MILES AN HOUR.
WHEN, WHEN WE KNOW YOU ALSO SET THE SPEED LIMIT AT 10 TIMES THAT WITH THE TIER THREE.
OH, BUT WE HAVE A, THE, YOU DON'T WANT TO, YOU COULDN'T COME CLOSE.
THERE ARE ONLY TWO PLACES IN TOWN WHERE IT'S EVEN POSSIBLE TO, BUT, BUT, BUT WHAT WE WERE TALKING ABOUT BEFORE WAS THAT THE NUMBER OF MEGA PACKS OR AS, AS BOBBY POINTED OUT, REALLY THE MEGAWATT HOURS IS, IS WHAT THE STATISTICALLY MATTERS.
AND WHAT I'M SAYING IS YOU HAVE THE ABILITY FOR, AS YOU POINT OUT TOO, OF A MUCH HIGHER MEGAWATT HOUR OR, OR OR OUTPUT.
IT'S IN ADDITION TO THIS TIER THOUGH.
BUT WHEN MY, MY MY POINT IS THAT YOU'VE, YOU'VE ALREADY ACCEPTED IN YOUR CODE SOMETHING THAT IS MUCH, MUCH, MUCH, MUCH HIGHER WITH ADDITIONAL RESTRICTIONS THAN WHAT WE ARE PROPOSING HERE.
AND WHAT I'M SAYING UNDER YOUR TIER TWO, IT DOESN'T SEEM TO BE A BRIGHT LINE THAT 3,500 IS SAFE AND 3,600 SQUARE FEET'S NOT SAFE.
LIKE THAT'S NOT 30, THAT'S, HERE'S MY QUESTION THOUGH, BECAUSE IT'S SOMETHING I ASK.
LEMME JUST FINISH ONE THING AND THEN I'LL, I'LL GET TO YOUR ONE SET A TIME.
WE HAVE TO, 'CAUSE IT'S ALMOST NINE O'CLOCK, UM, AND WE'VE GOT 15 MORE MINUTES AND IF WE DON'T FINISH IN 15 MINUTES, WE ARE GONNA HAVE TO RECOMMEND HOLDING IT OVER.
UM, YOU MENTIONED ONE THING, WELL YOU COULD BUILD THREE OF THESE AS SMALL UNITS THERE.
YOU CAN'T 'CAUSE QUARTER TO YOU.
THEY'RE NOT, NOT, THEY'RE NOT ECONOMICALLY VIABLE AT THAT SIZE.
FOR ME, I WOULDN'T BUILD THREE OF THEM.
THERE ARE TWO FACTORS THAT CREATE THE ADDITIONAL, I'M JUST GONNA CALL IT RISK NOT MAY, MAYBE NOT DANGER BUT RISK.
AND THE RISK HAS A LOT TO DO WITH UNKNOWN.
IT'S THE INCREASE SIZE AND THE NUMBER, IT'S BOTH.
IF IT'S NOT ECONOMICALLY VIABLE FOR YOU TO DO IT, IT'S PROBABLY NOT ECONOMICALLY VIABLE FOR OTHER PEOPLE TO DO IT.
AND WE'RE NOT GONNA GET 50 OF THESE.
AND BY THE WAY, IF WE START GETTING THAT AMOUNT, WE'LL CHANGE THE LAW BECAUSE WE'RE NOT, WE HAVE TO BE CAREFUL.
YOU KNOW, LAWS ARE A LIVING THING FOR SURE.
BUT THAT'S WHAT WE ASKED YOU FROM THE BEGINNING IN
[01:50:01]
JUNE.WE ASKED YOU FOR WHAT IS DIFFERENT.
THAT'S WHAT WE NEEDED TO KNOW.
AND UNFORTUNATELY, I, I DON'T SEE ENOUGH DIFFERENT HERE TO JUSTIFY CHANGING THE LAW TOWN WIDE.
AGAIN, IT'S DIFFERENT THAN A VARIANCE.
I MEAN, I CAN POINT TO TWO OR THREE LOTS, AT LEAST AS I HAVEN'T LOOKED AT YOURS, THAT GARRETT POINTED OUT TO ME THAT YEAH, I COULD SEE DOING IT THERE.
I'D PROBABLY ASK HIM TO PUT SOLAR WITH IT, BUT YEAH, I COULD DO THAT.
KI WHAT WERE YOU GONNA SAY? UM, I WANTED TO KIND OF SAY THE SAME THING THAT I'D SAID IN A, IN A DIFFERENT WAY BEFORE.
WHAT IS, WHAT HAS BEEN A PERCEPTION OF TOWN OF GREENBERG OUTSIDE IN THE BUSINESS COMMUNITY IS THAT WE JUST PUT OUT A MORE, MORE CONSERVATIVE, UH, UH, ORDINANCE AND LAWS, WHICH REALLY ARE, MAKES IT OUR NEIGHBORING TOWNS AND NEIGHBORING AREAS MORE.
UH, THEY TAKE THE TAKE, TAKE, TAKE THE OPPORTUNITIES THAT WE ARE GOING TO GET IT.
LIKE, FOR EXAMPLE, THE ONE THAT S FOR THE, THE THE ONE THAT, UH, BEFORE THE BS IS DONE THAT THE STORAGE FACILITY, WHATEVER THAT WAS CALLED.
SO THE STORAGE FACILITY WITH THE HIGH, OKAY, UH, UH, WHAT, BUT UH, I UNDERSTAND THAT THE PEOPLE HAVE A FEAR OF UNKNOWN FEAR OF LOOKING AT THE NUMBERS BEING NON-TECHNICAL OR NON-EXPERIENCE IN THAT TO REALLY SAYING YOU ARE DOING IT THREE TIMES OR FOUR TIMES AND WHY TO DO IT.
WHAT I'M UNDERSTANDING FROM THE PEOPLE WHO ARE TAKING RISK TO PUT OUT THIS THING IS OUT THERE AND BUILDING UP THIS ONE AND, UH, POSSIBLY, UH, WE CAN HAVE MORE OF A, UH, BETTER LAND USE, WHICH IS, UH, MAYBE USEFUL TO THE, UH, HAVING EXTRA CAPACITY FOR THE, UH, TOWN PEOPLE IN TERMS OF, UH, MAJOR GRID GOES DOWN OR ANYTHING.
BUT, BUT POINT IS THAT, UH, CONSIDERING THE TECHNOLOGY IS CHANGING SO FAST IN SO MANY DIFFERENT WAYS, IT'S, WHICH WE SHOULD NOT PUT OUR SIGNAL THAT WE ARE SAYING IS THAT WE ARE REALLY, UH, BEING VERY RESTRICTIVE, OVER RESTRICTIVE, OVER CONSERVATIVE TO, UH, HAVING THAT.
AND TO YOUR POINT IS THAT THIS IS NOT UH, UH, THIS IS TOWN WIDE AND WE HAVEN'T HAD IT SO MANY PEOPLE DOING IT.
MAYBE IF THEY'RE SUCCESSFUL WE MIGHT GET SOME MORE PEOPLE TO COME AND DO IT.
I'M NOT SURE I I AT THIS POINT, CORRECT.
FIRST OF ALL, IT'S VERY INTERESTING YOU SAID THAT.
'CAUSE ABOUT TWO HOURS AGO WE WERE TALKING ABOUT UNITED REFRIGERATION, YOU SAID THAT THIS BOARD SHOULD NEVER MAKE A DECISION, MAKE BEST ON ECONOMIC DEVELOPMENT.
SO YOU HAVE TO HAVE IT ONE WAY OR THE OTHER.
SO, UM, I JUST WANNA MAKE THAT POINT.
I'D LIKE TO GO AROUND AND WHAT I'D LIKE TO DO IS I WANT TO TAKE THEM ONE BY ONE.
WHERE IS I HAVE THAT I HAVE IT.
WHAT I WANT TO DO IS TAKE THE FIRST ONE, THE SIX TO EIGHT RECOMMENDATION, WHICH AGAIN, THAT ONE THERE WAS, THERE WAS EVIDENCE PROVIDED FOR, AS YOU KNOW, BECAUSE THE CAPACITY HAS A, IT'S ABOUT 3,500 TO 37 50, SOMETHING LIKE THAT.
IT MIGHT BE, IT, IT MIGHT BE HELPFUL TO THE
SO IT'S INCREASE, INCREASE INCREASING CAPACITY OF TIER TWO FROM 6,000 KILOWATT HOURS, SIX TO EIGHT TO 8,000 IN THE AREAS OF BORDER ON THE ONE FAMILY RESIDENCES.
WE JUST, AND THAT'S IN MY LIST.
JUST HELP US FOLLOW THE CONVERSATION THERE.
THIS IS REALLY A TECHNICAL CHANGE.
IT'S STILL TWO CABINETS AS I UNDERSTAND IT.
SO THERE'S REALLY TWO CABINETS.
THERE'S TWO CABINETS, THERE'S NOT MUCH WE CAN DO ABOUT THAT.
SO THAT WOULD BE THE NUMBER ONE.
I'D LIKE TO TAKE THAT IN NUMBER, UH, FOUR, WHICH IS THE HEIGHT, WHICH ACTUALLY IS A SAFETY IMPROVEMENT I THINK.
'CAUSE WE GET IT FURTHER OFF THE GROUND AWAY FROM THE WATER, THE FLOOD WATER.
AND I THINK IT'S A HEIGHT INCREASED A LITTLE BIT TOO IN THE CABINETS AS WELL.
I'M NOT SURE, BUT JUST GETTING THE CABINET UP OFF THE GROUND.
AND IT MAKES SENSE TO GET THE CABINET OFF THE GROUND.
UH, I, I'LL ACCEPT A MOTION TO APPROVE THOSE TWO CHA TO RECOMMEND POSITIVELY TO THE TOWN BOARD ON THOSE TWO CHANGES.
TOM, DO I HAVE A SECOND? SECOND.
NOW THE OTHER TWO, UM, IT'S A TOUGH CALL.
OBVIOUSLY WE'VE, WE'VE BEEN DISCUSSING THIS FOR A LONG TIME.
I'LL GO AROUND THE ROOM AND WE GIVE
[01:55:01]
YOUR VOTE AND, UH, WELL WE CAN TAKE ONE AT A TIME.JUST READ IT FOR READ IT, GO AHEAD, READ IT AND I THINK WE'LL TAKE A STRAW, STRAW VOTE ON IT AND THEN WE'LL, OKAY.
SO THE SECOND IS TIER TWO CAPACITY IN THE OB, G I L I P D AND P E D DISTRICTS FROM 12,000 KILOWATT HOURS EXISTING TO 30,000 KILOWATTS PER KILOWATT HOURS PROPOSED, RIGHT? THAT IS THE FINAL PROPOSAL.
KURT, HOW DO YOU, HOW WOULD YOU VOTE ON THAT ONE? I WOULD SAY YES, YOU HAVE AN I, JOHAN, I'D SAY NO, NO, MICHAEL, I'D LIKE TO MAKE A STATEMENT AND THEN I'LL TELL YOU WHAT.
UNFORTUNATELY, I'M AT A TERRIBLE DISADVANTAGE ON THIS ISSUE.
I DON'T KNOW ANYTHING ABOUT IT.
I'VE LISTENED, I'VE TRIED TO UNDERSTAND.
I I CAN'T BEGIN TO UNDERSTAND THE NUANCES, SO ON AND SO FORTH.
UM, BUT I'M FACED WITH TWO THINGS.
WE HAVE A LAW THAT'S TWO YEARS OLD, WHICH WAS PRESUMABLY, I HAVE NO IDEA, YOU KNOW, CRAFTED AFTER INPUT FROM A NUMBER OF EXPERTS, THIS, THAT AND THE OTHER THING.
WHETHER OR NOT IT'S A GOOD LAW, WHETHER OR NOT THEY REALLY WERE EXPERTS, I DON'T KNOW.
BUT I HAVE TO ASSUME FOR THE PURPOSE OF THIS DISCUSSION THAT IT IS A GOOD LAW AND THE EXPERTS HAVE GOOD ADVICE.
SO I'VE GOT THE LAW NOW YOU GUYS COME IN.
I HAVE NO CRITICISM, EXPLICIT OR IMPLIED.
I'VE LISTENED TO YOU GUYS, YOU'VE ANSWERED OUR QUESTIONS.
IT MAKES A LOT OF SENSE TO ME, BUT I DON'T HAVE THE EXPERTISE TO REALLY GET UNDER IT AND ASSESS IT.
WHAT I HAVE IS A COUPLE OF MAJOR CHANGES THAT HAVE BEEN SUGGESTED BY YOU GUYS.
AND ON THE OTHER HAND, THE LAW THAT'S ONLY TWO YEARS OLD.
AND TO GO BACK TO WHAT YOU SAID, YOU, I'LL GET YOU THIS SOONER OR LATER.
WHAT, WHAT HAS CHANGED IN TWO YEARS, YOU KNOW, TO JUSTIFY THOSE SIGNIFICANT CHANGES FROM OUR LAW.
BUT WHAT HAS CHANGED? SO THAT'S WHERE I'M COMING FROM.
I, I THINK YOU GUYS WERE IN A, A DIFFICULT POSITION.
I THINK YOU'VE DONE A GREAT JOB AND, UM, YOU'RE IN A DIFFICULT POSITION.
SO, WHICH IS THE ONE WE'RE TALKING ABOUT NOW, THE SECOND, THE 12,000 TO 50,000.
I SAY NO, JUST, JUST TOM FOR NO PARTICULAR REASON.
TOM? UM, I SAY NO, BASED ON WHAT I SAID BEFORE, WHICH MICHAEL JUST ARTICULATED AS WELL.
I SAY, I ALSO SAY NO, BUT WOULD ENCOURAGE AT LEAST TO HAVE A DISCUSSION WITH US ABOUT POTENTIALLY DOING, DOING A VARIANCE THERE.
I, AS I SAID, I HAVEN'T EVEN LOOKED, DO CLEARLY AT THIS SITE PLAN YET.
I, I WOULD ADD ONE THING, UM, I THINK, I THINK WE SHOULD CONSIDER AS A BOARD, AND I DON'T KNOW HOW TO PHRASE IT, BUT WE SHOULD CONSIDER AS A BOARD IN OUR RECOMMENDATION TO THE TOWN, EXPLAINING THAT THERE HAVE BEEN CHANGES.
UM, MAYBE IT'S TIME TO REVIEW OUR OWN LAW IN TERMS OF CHANGES.
MAYBE IT'S TIME TO MAKE 'EM MORE FLEXIBLE.
MAYBE IT'S TIME TO LOOK AT IT IN TERMS OF, WELL, ECONOMIC DEVELOPMENT, WHATEVER.
BUT, BUT, YOU KNOW, MAYBE THAT SHOULD BE PART OF IT TOO.
I, I DON'T, I DON'T THINK THAT PROBLEM IS, THEY DIDN'T DEMONSTRATE THE CHANGES IF THEY HAD, IF THEY'D COME IN AND SAID, YEAH, 8 55.
I DON'T WANNA DEBATE THAT NOW THAT I THINK IT'S SOMETHING WE MIGHT THINK ABOUT.
THAT'S, I, WELL, FIRST OF WE'RE GONNA DRAFT IT.
WE DON'T NEED TO, TO, TO ACTUALLY ADOPT IT TILL THE NEXT MEETING.
SO WE'RE OKAY THERE AS LONG AS WE GET THE RECOMMENDATION DONE.
THAT'S WHY WE DO A STRAW POLL TONIGHT.
IT GIVES AARON AND I, I'M GONNA CO-WRITE IT WITH AARON.
YOU WANNA GO ON TO THE NEXT ONE? YEAH.
THE NEXT ONE IS, UH, 3,500 TO 12 500.
THAT WAY YOU CAN BLAME TOM FOR THAT ONE.
FOR, FOR ALL THE REASONS EXPRESSED, AND I, I, I THINK, UH, UM, MICHAEL, UH, UH, DID EXCELLENT JOB.
ALTHOUGH HE, HE PLEAD IGNORANCE, BUT HE DID A VERY CAREFUL, UH, EVALUATION.
I ALSO AGREE THAT, UH, UH, WE SHOULD, YOU KNOW, IF, IF APPLICANT IS SAYING THAT, YOU KNOW, WE'RE FAR MORE, UH, UH, MORE RESTRICTIVE, UH, I DO NOT BELIEVE WE SHOULD CHANGE THE LAW NOW, BUT I DO THINK WE SHOULD BE OPEN TO TAKE ANOTHER LOOK AT IT TO MAKE SURE THAT WE ARE KEEPING UP THE TECHNOLOGY AND MAINTAINING THE SAFETY OF RESIDENTS.
[02:00:01]
FOR NOW, I WOULD VOTE NO.SO THE STAR VOTE IS FIVE TO ONE, RIGHT? OKAY.
THE NEXT ONE, UH, WE'LL START WITH YOU, WALTER, SO TOM DOESN'T FORGET YOU AGAIN.
ONE THING I DO WONDER ON THAT ONE BEFORE WE GO ON, IF WE, I WOULDN'T DO IT NOW IN THIS VOTE, BUT ONE THING THAT MAYBE SHOULD BE CONSIDERED DOWN THE ROAD IS JUST AT LEAST INCRE INCREASING THE FOOTPRINT A LITTLE BIT, BECAUSE THE FOOTPRINT THEY'RE TALKING ABOUT GIVES YOU MORE ROOM FOR THE ANCILLARY EQUIPMENT.
AND IT MAY BE A GOOD IDEA FOR SAFETY TO INCREASE THAT FOOTPRINT A LITTLE BIT.
THAT'S SOMETHING WE SHOULD TALK TO OUR CONSULTANT ABOUT, BUT NOT, NOT TONIGHT, WALTER.
IT PRETTY MUCH FALLS IN, IN MY DISSENT CATEGORY FOR ALL THE REASONS THAT I SAID, AND, AND, UH, MICHAEL ARTICULATED, AND TOM, IT FALLS, YOU KNOW, I HAVE TO COME, UH, THE SAME DECISION THOUGH, NOT, OKAY, THAT'S A KNOW, CORRECT.
UH, I THINK, UH, UM, CONSIDERING THAT, UH, THEY NEEDED ADDITIONAL SPACE FOR, UH, UH, ANCILLARY EQUIPMENT AND ALSO, UH, MAKING IT A, UH, MORE, UH, UM, MORE OF A LARGER AREA TO, TO, TO GET TO THE EVEN CASE OF ACCIDENTS, BE EVEN ACTUALLY BETTER TO HAVE THAT, UH, EXCESS.
I'M OKAY WITH IT BECAUSE IT DOESN'T CHANGE ANYTHING ELSE.
AARON, CORRECT ME IF I'M WRONG, JUST THE FOOTPRINT.
I WOULDN'T HAVE, IT ONLY CHANGES THE FOOTPRINT OF THE OUTSIDE.
NOT, NOT THE, THE CLOSURE, NOT THE, THE ENCLOSURE, NOT THE CAPACITY.
I DID, DID THE, UH, UM, YOU'VE CHANGED? YES.
THEN I WOULD LIKE TO REVERSE MYSELF, BECAUSE WE ONLY TALK.
WE ARE ONLY TALKING ABOUT THE, IT DOES MAKE SOME SENSE, NOT SO BAD.
SO I SAY THAT IT GETS YOU TOWARDS WHAT YOU WANT TO DO EVENTUALLY.
AND, AND MAYBE THAT HELPS YOU WITH THE VARIANCE BECAUSE WE'VE ALREADY DONE THIS PART.
I'LL SAY YES, I'LL SAY YES, AND I WILL SAY, I WILL SAY YES BECAUSE IT MAKES SENSE TO GIVE YOU A LITTLE BIT MORE OPERATOR AND SAFER FOR THE FIRE DISTRICT.
BY THE WAY, MI MICHAEL IS BEING VERY SHY.
HE WAS ALSO A FIRE COMMISSIONER FOR MANY YEARS, SO MICHAEL KNOWS MORE THAN HE, HE KNOWS THE BEST, MORE, MORE, MORE THAN HE'S, HE'S SAYING HE KNOWS.
SO THAT'S WHAT WE'RE GONNA DO.
WE'RE GONNA WRITE THIS THING UP.
UM, I DON'T SEE ANY REASON I CAN'T SEE IT BEFORE THE NEXT MEETING.
UH, HUGH, DO YOU WANNA, UH, DISCUSS THE LAST ONE REGARDING THE TREE? OH, THE TREE.
DOES ANYBODY HAVE ANY PRO? CAN I DO THAT BY ACCLIMATION? YES.
THAT WE INCREASE THE TREE? YES.
THE TREE, HOW DOES THAT COMPARE WITH OUR CURRENT TREE LAW? IS THIS, IT'S BETTER BY 20%.
IT'S, IT'S A GREATER REQUIREMENT THAN IT'S MORE ROBUST.
NOW YOU GET ALL THIS EXTRA SPACE SAID SURE.
AND SO HE SAID, JOE, SO WE, SO THAT'LL BE UNANIMOUS.
AND I REALLY THINK WE SHOULD GIVE YOU GUYS A SHOT OF SEEING OUR RECOMMENDATION, WHAT WE'RE DOING.
FIRST OF ALL, WE COULD BE OVERRULED.
IT WOULDN'T BE THE FIRST TIME.
AND NUMBER TWO, AS I SAID, TWO THINGS.
THERE ARE TWO THINGS HAPPENING.
ONE IS THAT COMMITTEE MAY COME UP WITH SOME INTERESTING THINGS THAT ALLOW US TO INCREASE THAT FOOTPRINT.
YOU MEAN THE GOVERNMENT COMMITTEE? THE GOVERNMENT COMMITTEE? MM-HMM.
THE TASK FORCE, WHICH HAS ALREADY STARTED.
SO WE'RE HOPING SIX MONTHS IS THE LATEST.
I KNOW YOU DON'T WANNA WAIT THAT LONG.
AND TWO, YOU KNOW, AS THINGS CHANGE MM-HMM.
REALLY, I, AND AGAIN, I DON'T THINK YOU'RE OUT OF THE BALLPARK COMPLETELY YET ANYWAY, OUT, OUT OF THIS.
WELL, THANK YOU VERY MUCH FOR YOUR CONSIDERATION.
I REALLY THANK YOU FOR WHAT YOU GUYS DID AND THE TIME YOU SPENT.
UM, YOU KNOW, WE HAVE PEOPLE COME IN FRONT OF US AND GO, OH, YOU DON'T KNOW.
BUT YOU GUYS HAVE REALLY BEEN, I THINK, VERY STRAIGHT AND VERY HONEST WITH US.
AND, UM, AS I SAID, THAT'S, YOU KNOW, WE REALLY DID GIVE A TOUGH CONSIDERATION.
THIS WAS NOT AN EASY DECISION FOR US.
AND IF, AS I SAID, I WOULDN'T SHY AWAY FROM POTENTIALLY BRINGING IT AS, AS WE MAY SUGGEST THAT TO THE, WE MAY IN OUR RECOMMENDATION, SUGGEST THAT TO THE TOWN BOARD, BE BROUGHT BACK AS A VARIANCE.
AND, AND HOPEFULLY WE SEE YOU AGAIN.
WE WANT TO SEE HOW DOES IT WORK,
[02:05:01]
OKAY.UH, YOU KNOW, YOU GUYS COULD HAVE USED THE DRIVE-THROUGH, REALLY? THE CHICK-FIL-A.
THE GUYS COULD HAVE USED THE DRIVE-THRU THROUGH TO DO THIS TONIGHT.
THAT'S A LONG WAVE IN THE CAR.
SEE, WE HAVE AN APP IF YOU, IF YOU GO ON THE APP.
PLENTY OF ROOM IN THE DRIVE ROOM.
UM, I'M GONNA ANNOUNCE THE CASE.
IT'S PV 2207, CHICK-FIL-A 20, TERRY JOHN ROAD, P WHITE PLAINS.
IT'S A FORMER SITE OF C V SS AND STAPLES.
MAY THEY BOTH REST IN PEACE AT THAT SITE.
UM, IT'S FOR A SITE PLAN, SPECIAL PERMIT FOR A QUICK SERVE, FAST FOOD RESTAURANT AND TREE REMOVAL PERMIT.
WHAT I'D LIKE TO DO TONIGHT, BECAUSE WE'VE GOT ABOUT 45 MINUTES LEFT.
I'M GONNA, WE WANT JUST TURN IT OVER TO YOU JUST TO GO THROUGH AS MUCH OF THE PLAN AS HE CAN.
I DON'T KNOW HOW MUCH FEEDBACK YOU'LL HAVE TONIGHT, DEPENDING ON YOUR PRESENTATION, BUT THE ONLY QUESTIONS I, IF ANYBODY HAS A QUESTION OF CLARIFICATION AS THEY GO THROUGH IT, THOSE ARE THE ONLY QUESTIONS I'D LIKE TO, UH, MAKE TO, BUT WE SHOULD BE MAKING NOTES ABOUT QUESTIONS WE WANT TO ASK NEXT TIME, NEXT TIME WE SEE THEM.
SO IF I MAY JUST FOR ONE SECOND, I SEE YOU HAVE THE TRIPOD.
ARE, WERE YOU SEEKING TO SHOW BOARDS? WELL, I HAVE THE ZOOM CONNECTED YOU.
SO WE JUST ASK, SHARE, SHARE, SHARE THE SCREEN JUST IN CASE I HAVE TO POINT TO SOMETHING.
THAT'S FOR THE BOARD'S, PROBABLY MORE FOR MY, YOU'RE AN OLD FASHIONED SON OF A GUY, AREN'T YOU? NO PROBLEM.
HOW, HOW DARE YOU USE A BOARD.
DID YOU WANT ME TO SHARE THE SCREEN NOW? OKAY.
SHARE, I'LL PUT UP, WHAT SHOULD WE BRING UP?
I'M CHARLES GOTTLIEB FROM THE LAW FIRM OF WHITEMAN.
OSTERMAN AND HANNAH IN ALBANY, NEW YORK.
I'M LAND USE COUNCIL FOR CHICK-FIL-A.
UM, JUST BY WAY OF BACKGROUND, I HAVE DONE A LOT OF WORK IN WESTCHESTER.
I ACTUALLY DID, WORKED ON THE PERMITTING FOR THE C V S THAT WAS THERE,
SO I'M FAMILIAR WITH THE SITE.
UM, AND, UH, HAPPY TO BE HERE THIS EVENING.
UM, HERE WITH TIM FRY TAG FROM BOWLER ENGINEERING, UH, THE PROJECT ENGINEER PHIL GREELEY FROM COLLIER'S ENGINEERING AND DESIGN, WHO'S OUR TRAFFIC ENGINEER.
UM, AND CLINT MATSON, UH, WITH CHICK-FIL-A.
COULDN'T BE HERE THIS EVENING, BUT I DO BELIEVE HE'S IN ZOOM WORLD SOMEWHERE.
UM, THE PROJECT IS A 5,028 SQUARE FOOT CHICK-FIL-A ESTABLISHMENT.
UM, AS YOU CAN SEE ON THE RENDERING, THE THE RENDERED SITE PLAN WE BROUGHT UP DIFFERENT FROM EXISTING CONDITIONS.
THE ENTIRE BUILDING, THE DRIVE THROUGH AND THE OFF STREET PARKING FOR CUSTOMERS IS ENTIRELY LOCATED IN THE TOWN OF GREENBURG.
SO TO THE SOUTH YOU HAVE PARKING THAT IS FOR CHICK-FIL-A TEAM MEMBERS.
AND THAT WOULD BE PERMITTED IN THE CITY OF WHITE PLAINS AS A COMMERCIAL PARKING AREA.
WE HAVE MET WITH THE CITY OF WHITE PLAINS.
WE MET WITH THEIR COMMISSIONER OF PLANNING, THEIR COMMISSIONER OF BUILDING THEIR LEGAL STAFF AND THEIR COMMISSIONER OF TRAFFIC.
UM, AND OUR, OUR GOAL WAS TO PRESENT TO YOU THIS EVENING IN, IN THE NEXT SEVERAL MONTHS, GET TO A POINT HOPEFULLY WHERE THIS BOARD IS COMFORTABLE WITH THE SITE PLAN APPLY TO THE CITY OF WHITE PLAINS TO AVOID THE PING PONG EFFECT.
UM, THAT I FELT WHEN WE DID THE C V SS FOR, FOR THE RECORD, WE INVITED THEM TO BE WITH US AND THEY'RE, THEY'RE WELCOME TO JOIN US AT ANY OF THESE MEETINGS.
AND I'VE BEEN COPYING THEM ON ALL OF OUR CLOSE.
HAVE, HAVE THEM HAVE THEM CONTACT AARON COORDINATE MM-HMM.
'CAUSE IT WOULD REALLY BE GOOD IF THEY, WE'VE DONE THAT BEFORE IN, IN CASES LIKE THIS, IT MAKES THINGS A LOT EASIER.
COULD I INTERJECT, UH, UH, FOR A MINUTE THAT AS OUR BOARD ALWAYS EXTEND EXTENDED INVITATION FOR SURROUNDING MUNICIPALITIES TO COME TO OUR BOARD, I WONDER IF THE COMMISSIONER COULD SPEAK TO SOMEONE IN WHITE PLAINS AND, UH, EXTEND TO US THE OPPORTUNITY TO ATTEND THE PLANNING BOARD MEETING IN WHITE PLAINS.
SO WALTER'S VOLUNTEERING TO GO TO THE WHITE PLANNING BOARD MEETINGS IN WHITE PLAINS.
THAT'S A GOOD IDEA THOUGH, TO KNOW WHAT BOTH PEOPLE ARE.
'CAUSE THEY MAY HAVE TRAFFIC AND, YOU KNOW, TRAFFIC ISSUES THAT THEY WANT TO DEAL WITH TOO.
IT'D BE GOOD IF WE REALLY SHOULD COORDINATE THIS.
IT ABSOLUTELY IS SUCH, SUCH A INTERESTING SITUATION WHERE IT IS.
AND, AND SO THE 30 PARKING SPACES IN WHITE PLAINS WOULD BE FOR TEAM MEMBER PARKING ONLY.
UM, THE CITY WANTED THAT TO JUST BE A COMMERCIAL PARKING AREA.
[02:10:01]
THERE ARE NO, UH, STRUCTURES, UH, IN THAT AREA.HOW DO THEY E E EGRESS ENTER AN EXIT FROM THAT BACK PARK ON FIFTH AROUND? UM, SO I'M GONNA HAND IT OVER TO TIM ONCE I'M DONE WITH MY LITTLE SOLILOQUY HERE AND OKAY.
UM, YOU DON'T WANT TO HEAR AN ATTORNEY TALK ABOUT EGRESS AND I HEAR ATTORNEY TALK TO ME ABOUT TELLING ME TO LEAVE EVERY NIGHT ALL
WE ARE SEEKING SITE PLAN OF SPECIAL USE PERMIT AS A QUICK SERVICE FAST FOOD ESTABLISHMENT FROM THIS BOARD.
WE DO HAVE A HOST OF AREA VARIANCES.
UM, I KNOW THERE'S A DISCUSSION WHETHER POSITIVE, NEGATIVE OR NEUTRAL RECOMMENDATION.
WE DO REQUEST A RECOMMENDATION IN OUR SEPTEMBER 11TH AND SEPTEMBER 14TH SUBMISSIONS.
I PROVIDED A JUSTIFICATION FOR THOSE AREA VARIANCES.
WE CAN GO THROUGH THOSE TONIGHT.
I KNOW WE'RE TIGHT ON TIME, BUT GLOBALLY THEY'RE MAINLY SETBACK VARIANCES AND IT'S DUE TO THE UNIQUE ISLAND SHAPE OF THIS PARCEL.
UM, AND IN ALL INSTANCES WE ARE IMPROVING EXISTING NONCONFORMITIES.
SO THE C V S BUILDING IS RIGHT ON COUNTY CENTER ROAD, RIGHT ON TERRYTOWN ROAD.
THEY HAVE PARKING SPACES THAT ARE RIGHT ON THE LOT LINE.
AND IT'S ALSO IMPORTANT TO REMEMBER THAT THE AREA VARIANCES ARE MEASURED FROM THE STRUCTURE TO THE LOT LINE, NOT NECESSARILY FROM THE RIGHT OF WAY.
SO THERE IS, ESPECIALLY ALONG TERRYTOWN ROAD, THERE IS SIGNIFICANT GREEN SPACE THERE THAT'S IN THE RIGHT OF WAY THAT'S NOT COUNTED FOR THAT AREA VARIANCE.
SO THE EXISTING CONDITIONS ARE A VACANT C V S.
THE BUILDING CURRENTLY IS SPLIT RIGHT ON THE MUNICIPAL BOUNDARY LINE.
SO THAT MUNICIPAL BOUNDARY LINE GOES RIGHT THROUGH THE BUILDING.
UM, WE HAVE BEEN BEFORE THIS BOARD IN THE PAST, NOT MYSELF, PERSONALLY, ON THIS PROJECT BACK IN MAY OF 2022.
UM, WE HAVE SUBMITTED IN JANUARY OF 2023 AND WE'VE HAD BACK AND FORTHS WITH CONSULTANTS, UH, AND WESTCHESTER COUNTY.
IF PART OF THE BUILDING IS IN WHITE PLAINS, DID THEY HAVE TO APPROVE THE SPECIAL PERMIT AS WELL, OR DOES PART? SO THAT'S THE C V SS THE EXISTING BUILDING.
OH, THE EXISTING BUILDING, YEP.
THE EXISTING BUILDING, THE LINE GOES RIGHT THROUGH THE MIDDLE OF IT, PRETTY MUCH.
AND YEAH, I WAS JUST GONNA ADD THAT WE DO HAVE MR. CANNING OUR, THE TOWN'S TRAFFIC CONSULTANT ON THE ZOOM CALL THIS EVENING.
UM, YOU KNOW, I CAN GET INTO THE AREA VARIANCES, BUT AGAIN, WE'RE SHORT ON TIME.
WHAT I DID WANTED TO RECAP IS WE GOT COMMENTS FROM WESTCHESTER COUNTY PLANNING BOARD.
UM, I DON'T KNOW IF YOU'VE READ THOSE.
AS YOU CAN IMAGINE, WE DIDN'T AGREE WITH THE COMMENTS FROM WESTCHESTER COUNTY PLANNING BOARD.
UM, BUT WE TOOK THE, THE OPPORTUNITY TO MEET WITH THEM.
UH, WE MET WITH THE COMMISSIONER OF PLANNING AND PART OF THE PLANNING STAFF.
WE RECAP THAT IN OUR SUBMISSION.
UM, I I THOUGHT IT WAS A PLEASANT MEETING.
ONE OF THE WORRIES, UM, WAS PEDESTRIAN ACCESS.
UM, WE EXPLAINED, AND TIM WILL GO THROUGH HOW WE'RE ACTUALLY INCREASING PEDESTRIAN ACCESS.
AND IN FACT, THIS IS MORE OF A PEDESTRIAN, UH, USE RATHER THAN A C V SS USE.
THAT IS, YOU DRIVE TO A C V S, YOU TYPICALLY DON'T JUST WALK BY A C V S AND SAY, OH, I FORGOT SOMETHING.
UM, BUT THIS ALLOWS PEOPLE IN THE AREA TO SAY, HEY, I'M GONNA GRAB A SANDWICH.
I NEED SOME FOOD, A MILKSHAKE, WHAT HAVE YOU.
UM, THE OTHER COMMENT, AND I I'LL JUST SHOW YOU THIS QUICKLY, WAS THE FRONTAGE IS ON OLD KENSICO ROAD THAT WAS DETERMINED BY YOUR BUILDING DEPARTMENT.
THE CURRENT C V S FACES, OLD KENSICO ROAD.
THE WAY THAT BUILDING WAS STRUCTURED IS THAT THE, THERE'S ALMOST LIKE A FALSE FRONT ALONG TERRYTOWN ROAD.
AND THEN THE DRIVEWAY GOES THROUGH AND BRINGS YOU TO THE FRONT OF THE BUILDING HERE.
WE DIDN'T WANT PEOPLE GOING THROUGH THE DRIVE THROUGH AREA.
SO PEDESTRIANS ACCESSING FROM TERRYTOWN ROAD, GO TO OLD KENCO.
THERE'S AN INTERNAL CROSSWALK, WHICH I'M SURE WILL BE REVIEWED.
UM, YOU MIGHT WANNA STRIPE IT.
UM, BUT WE, UH, WE HAVEN'T FORMALLY SUBMITTED THESE YET, BUT WE MADE SOME CHANGES TO, THIS IS LOOKING SOUTH DOWN TERRYTOWN ROAD.
WE WANTED, OR CHICK-FIL-A WANTED TO RATHER MAKE THE TERRYTOWN ROAD FACING, UH, ELEVATION LOOK MORE LIKE A FRONTAGE.
SO THEY ADDED SOME ADDITIONAL WINDOWS AND SO FORTH, AS WELL AS, LET'S SEE, THIS IS SLOWER THAN EXPECTED.
THERE IS LOOKING GOING, I SUPPOSE IT'S NORTH ON TERRYTOWN ROAD.
THERE WAS SOME MORE STONE FACADE, UM, TO ADDRESS THE COUNTY COMMENTS THAT, SO IT DOESN'T LOOK LIKE THE BACK OF A BUILDING AS YOU'RE GOING NORTH ON TERRYTOWN ROAD.
[02:15:01]
THE BACK OF THAT C V SS AND THERE'S LOADING DOCKS AND SO FORTH.THE DESIGN HERE WAS TO HIDE ALL THAT FROM PEDESTRIANS.
IT'S NOT AT, IT'S NOT PARTICULARLY ATTRACTIVE THE WAY IT IS NOW.
SO, UM, BUT IN REALITY YOU'LL BE LOOKING AT CARS IN FRONT OF THAT, ASSUMING YOUR BUSINESS TAKES OFF.
BECAUSE IT'S LOOPING AROUND THERE.
AND THE LANDSCAPING, WHICH YOU KNOW, ISN'T ENTIRELY ACCURATE.
BUT, UM, I'M GONNA HAND IT OVER TO TIM NOW AND HE'LL RUN YOU THROUGH THE SIGHTLINES.
COULD YOU PULL UP THE EXISTING AREA IF YOU HAVE AN AREA? UM, I DO HAVE AN AREA MAYBE.
DO YOU KNOW ANYTHING? WE CAN SEE IT THERE.
FOR ANYBODY ON GOOD EVENING, TIM.
WITH BOWLER ENGINEERING HERE ON BEHALF OF THE APPLICANT.
SO I CAN TALK US THROUGH SOME OF THE BACKGROUND OF HOW WE CAME UP WITH THE SITE PLAN THAT WE HAVE.
UM, MOST IMPORTANTLY TO, TO REALLY GET TO WHERE WE WERE, WE HAD TO UNDERSTAND THE EXISTING CONDITIONS OF THIS SITE.
WE HAVE A VERY UNIQUE PROPERTY HERE, VERY IRREGULARLY SHAPED THE GEOMETRY THREE FRONTAGES SURROUNDED ALL BY ROADS.
YOU KNOW, WHERE'S OUR AXIS GONNA BE? WHAT DO THE SETBACKS LOOK LIKE ON THIS IRREGULARLY SHAPED PARCEL? NOT TO MENTION THERE'S A JURISDICTIONAL BOUNDARY RUNNING RIGHT THROUGH THE MIDDLE OF THE BUILDING TODAY.
SO WE'RE DEALING WITH TOWN WITH GREENBURG, SETBACKS, CODES, THINGS THAT WE HAVE TO KEEP IN MIND WHEN WE'RE DEVELOPING A PLAN.
ALSO, THE CITY OF WHITE PLAINS, THEY HAVE DIFFERENT SETBACK REQUIREMENTS, CODES THAT WE REALLY HAD TO ANALYZE.
I'M SORRY, COULD YOU SPEAK INTO THE MICROPHONE WHILE YOU'RE PRESENTING PLEASE? YOU CAN JUST HOLD IT.
HOLD THE MICROPHONE IF YOU NEED TO, YOU CAN PULL, YOU CAN JUST, JUST SO IT COMES ACROSS.
THERE MUST BE A BATTERY IN HERE.
SO WE REALLY HAD TO UNDERSTAND THE EXISTING CONDITIONS TO COME UP WITH THE SITE PLAN THAT WE HAVE TODAY.
THE FIRST THING WE WANTED TO LOOK AT WAS, UM, OFTENTIMES EVERYBODY'S LIKE, OH, LET, LET'S START WITH THE BUILDING.
WHERE ARE WE GONNA PUT THE BUILDING AND WORK AROUND IT? THAT'S NOT HOW WE COULD APPROACH THIS PLAN.
WE HAD TO APPROACH IT WITH FIRST LOOKING AT ACCESS.
SO THERE'S NO ACCESS TO TERRYTOWN ROAD ROUTE 100 TODAY AND THERE'S NOT GONNA BE ACCESS THERE TOMORROW.
NOBODY'S GONNA PERMIT D O T ESPECIALLY IS NOT GONNA PERMIT A DRIVEWAY CONNECTION BETWEEN, UM, THESE TWO IN INTERSECTIONS HERE.
SO WE LOOKED DOWN OUR SIDE ROADS.
THERE'S ACCESS OFF OLD KENSICO ROAD TODAY, COUNTY CENTER ROAD, UM, BACK BEHIND THE FACILITY.
THERE'S NO ACCESS FROM THE FRONT, I DON'T THINK, TODAY FROM THE FRONT PARKING LOT TO CON TO, UH, TO, TO COUNTY CENTER ROAD.
SO THE C V S IS ABOUT A 15,000 SQUARE FOOT BUILDING.
SO A REALLY BIG BUILDING AND IT ACTUALLY HAS A FULL BASEMENT.
SO THERE'S A GRADE DIFFERENTIAL ACROSS THE SITE.
IT'S EXPOSED FOUNDATION IN THE BACK.
IT'S A WALK-IN BASEMENT AND SERVICE DOCK OFF OF THE BACK.
SO THE CURB CUTS OFF OF COUNTY CENTER ROAD SERVICE, THIS SIDE AND REAR.
THAT'S WHERE THE DELIVERIES WERE.
AND THAT'S WHERE THE DELIVERIES WERE.
SO LOOKING AT WHAT WE WANT TO DO, WE WANT TO DO A 5,000 SQUARE FOOT BUILDING WITH A DRIVE THROUGH.
THAT'S REALLY THE MAIN GOAL HERE.
WE WANNA UTILIZE THE EXISTING SIGNALIZE INTERSECTION THAT'S THE BEST TO GET CARS IN AND OUT OF THIS PROPERTY.
IT MAKES SENSE FOR OUR MAIN CONNECTION TO BE OFF OF OLD KENSICO ROAD.
SO THAT'S WHERE OUR MAIN DRIVEWAY REALLY IS.
THAT'S WHERE THE MAJORITY OF OUR CUSTOMERS ARE GONNA COME.
SO THAT BE LEFT OUT INTO THE SITE OR NOT, THAT WOULD BE LEFT OUT.
SO NOW WE'RE LOOKING AT, UM, THE MOVEMENTS THERE.
SO UNDER CON EXISTING CONDITIONS, UH, EVEN THOUGH THIS IS A, A WIDE CURB CUT, IT'S A RESTRICTED EGRESS.
SO THERE'S A NO LEFT TURN SIGN THERE.
SO THAT WAS ANALYZED, UM, TO DEVELOP THIS PLAN, BUT ALSO ANALYZED BY PHIL AND, UH, HIS TEAM WHEN THEY DID THE STUDY OF THIS CORRIDOR.
SO I'LL TALK BRIEFLY ABOUT ONSITE ITEMS AND THEN WE CAN TURN IT OVER TO PHIL TO TALK ABOUT OFFSITE SIGNAL IMPROVEMENTS, LEFT TURN MOVEMENTS AND WHAT WE'RE LOOKING AT THERE.
SO WE IDENTIFIED THOUGH OUR MAIN ACCESS GONNA COME OFF OLD KENCO ROAD.
WE'D LIKE TO MAXIMIZE THE DISTANCE FROM THIS DRIVEWAY TO THE SIGNAL AS MUCH AS POSSIBLE.
INCREASES THE STACKING HERE AT THE LIGHT ANCILLARY, UM, ACCESS OFF OF COUNTRY CENTER ROAD.
PROVIDES, UM, GOOD CIRCULATION.
SECOND POINT OF EGRESS TO A LARGE PARKING LOT LIKE THAT.
UM, ALSO DELIVERIES, GARBAGE TRUCKS, STUFF LIKE THAT.
HAVING TWO ACCESS DRIVES, UH, HELPS.
SO NOW WE'VE GOT THIS IRREGULARLY SHAPED LOT.
SO WE PUT THE SETBACKS ON THIS PROPERTY AND TRIED TO FIGURE OUT WHAT WE'VE GOT TO WORK WITH FOR BUILDING PLACEMENT AND DRIVE THROUGH PLACEMENT.
YOU KNOW, IMPORTANT THING TO NOTE AS, AS CHARLIE MENTIONED ON THE EXISTING CONDITIONS IS, OOPS.
YOU CAN SEE THE BUILDING'S RIGHT UP TO THE PROPERTY LINE.
IT'S RIGHT UP TO THE RIGHT OF WAY, LINE OF, UM,
[02:20:01]
TERRYTOWN ROAD.IT'S LIKE TWO OR THREE FEET PARKING AROUND THE PERIMETER, ALL THE WAY UP TO THE RIGHT, YOU KNOW, MAYBE A FOOT OR TWO SETBACK, UH, RIGHT UP TO THE SIDEWALK.
IT'S ABOUT 85%, UH, HARD SURFACE OUT THERE TODAY.
SO IT'S DEFICIENT IN GREEN SPACE.
UH, IT'S DEFICIENT IN PARKING, SETBACKS, DEFICIENT IN BUILDING SETBACKS.
A LOT OF THE COMMON SIMILARITIES YOU'LL SEE IN OUR VARIANCE REQUESTS, BUT AS CHARLIE MENTIONED, WE'RE TRYING TO IMPROVE ALL THOSE CONDITIONS.
CODE IS WHAT AARON? 20% GREEN SPACE FOR CODE.
SO ON THIS PROPOSED SITE PLAN, WE'VE IDENTIFIED, YOU KNOW, OUR MAIN ACCESS HERE TO OLD KENSICO.
WE ARE PROPOSING FULL MOVEMENTS, INCLUDING THE LEFT TURNS.
I'LL, I'LL LET PHIL TO SPEAK TO THAT, UH, A LITTLE BIT FURTHER.
WE PUT THE SETBACKS, UM, OFF OF THE PROPERTY LINE STARTED ORIENTATING THE BUILDING.
I WENT THROUGH PROBABLY A WHOLE SKETCH PAD ON THIS SITE TRYING TO FIGURE THIS ONE OUT.
'CAUSE IT'S CERTAINLY NOT STRAIGHTFORWARD.
YOU WOULD TYPICALLY PUT THE FRONT OF YOUR BUILDING FACING ROUTE 100.
YOU KNOW, THAT JUST DIDN'T WORK OUT FOR US.
SO INSTEAD OF GOING TO THE BUILDING NEXT, WE LOOKED AT THE DRIVE-THROUGH.
THE DRIVE-THROUGH IS IS SUCH A CRITICAL COMPONENT TO SITE CIRCULATION FOR A QUICK SERVE RESTAURANT, ESPECIALLY WHEN THE DRIVE THROUGH IS THE MAJORITY OF THE BUSINESS.
SO KNOWING THIS USER, THE MAJ, THE MAJORITY OF THE BUSINESS, 60 TO 70% IS IN THE DRIVE THROUGH.
SO THAT'S REALLY THE FOCAL POINT OF WHAT WE NEED TO FIRST QUESTION, UM, DESIGN AROUND A DRIVE THROUGH ENTRANT SHOULD ALSO BE SPACED A GOOD DISTANCE AWAY FROM THE ENTRANCE TO THE SITE.
GET PEOPLE INTO THE SITE, ALLOW THEM TO NAVIGATE INTO THE SITE, MAKE THE DECISION TO PARK, YOU KNOW, MAKE THE DECISION TO MOVE FORWARD TO THE DRIVE THROUGH BEFORE AND NOT HAVE TO MAKE THAT DECISION RIGHT.
WHEN THEY ALREADY MADE A DECISION TO TURN INTO THE SITE, GET 'EM INTO THE SITE, GIVE 'EM SOME TIME TO THINK ABOUT WHAT THEY WANT TO DO.
ALSO, JUST IN CASE THERE EV EVER IS A BUSY, UM, POINT IN TIME THAT THE DRIVE THROUGH SLOWS DOWN AND CARS ARE, YOU KNOW, SLOWING DOWN, SLOWLY PULLING AHEAD AND IT BACKS OUT BEYOND THE DRIVE THROUGH, IT'S STILL NEVER GONNA INTERFERE WITH OFF SITE.
SO WE TRY TO POSITION THE DRIVE THROUGH ENTRANCE, WHICH IS HERE FURTHER AWAY FROM THE ENTRANCE INTO THE SITE.
AND THEN THIS CONCEPT, WHAT CHICK-FIL-A ROLLS OUT ON ALL THEIR, UM, DEVELOPMENTS IS AN ISOLATED DRIVE THROUGH LAYOUT.
AND WHAT I MEAN BY THAT, IF, IF YOU GO BACK, YOU KNOW, 40, 50 YEARS WHEN MCDONALD'S IS STARTING TO DEVELOP, IT WAS ALWAYS THE TRADITIONAL LAYOUT BUILDING IN THE MIDDLE OF THE SITE, DRIVE THROUGH WRAPS AROUND THE BUILDING, AND THEN PARKING AROUND THE PERIMETER.
THAT'S WHAT WE CALL A TRADITIONAL QUICK SERVE RESTAURANT LAYOUT.
THE ISSUE WITH THAT IS EVERYBODY PARKING ON THE PERIMETER HAS TO CROSS A DRIVE-THROUGH LANE TO ENTER INTO THE BUILDING, RIGHT? MM-HMM.
SO THE ISOLATED LAYOUT HERE IS REALLY A FOCAL POINT ON SEPARATING DINE-IN GUESTS FROM DRIVE-THROUGH GUESTS, PEDESTRIAN SAFETY.
YOU CAN PARK, YOU CAN PULL INTO THE SITE PARK, GO INSIDE, GET YOUR MEAL, GO BACK TO YOUR CAR WITHOUT EVER HAVING TO WALK ACROSS THE DRIVE THROUGH TRAFFIC ISOLATED DRIVE THROUGH TRAFFIC CIRCULATES AROUND THE PERIMETER OF THE SITE, NEVER CROSSES, YOU KNOW, THIS AREA WHICH YOU WOULD HAVE THE PEDESTRIAN WALKING IN AND OUT OF THE BUILDING.
SO IF YOU'RE COMING OFF OF COUNTY CENTER ROAD AND TURNING INTO THAT ENTRANCE, ARE YOU ALLOWED TO COME OVER TO THE DRIVE THROUGH LANE? YOU ARE IN FRONT OF THE BUILDING.
IT LOOKS LIKE YOU ARE WITH THE ARROWS.
BUT I THINK IF YOU GO TO THIS SITE AND YOU SEE THAT BUSY ACTIVITY HERE OF, OF CARS COMING OUT OF THE DRIVE THROUGH PEOPLE PARKING HERE, PROBABLY YOU'RE GONNA WANT TO GO THIS ROUTE AND, AND MAYBE IT'S A GOOD IDEA TO ADD MORE SIGNAGE TO THAT EFFECT.
I'M JUST THINKING YOU COULD HAVE A REAL JAM UP THERE IF PEOPLE WANT TO SKIP THE LINE.
IF THERE'S A LINE COMING OFF OF CUTCO, WE CAN COME IN THE OTHER WAY.
WE COULD EVEN DO STRIPING THERE.
EXCUSE ME MINUTE, BUT EXCUSE ME.
IS THERE ANY WAY OF USE IN THE CURSOR BECAUSE THIS CONVERSATION, I CAN'T FOLLOW IT.
YOU SAY HERE, THERE AND THANK YOU.
CHARLIE'S GONNA HELP US OUT THERE WITH THE COMPUTER.
I, I WOULD SUSPECT YOU HAVE VERY LITTLE TRAFFIC ON FROM, UH, COUNTY CENTER ROAD.
IT'S A SMALLER MOVE ISH FOR SURE.
BUT SIGNAGE AND STRIPING WOULD, THE SIGNAGE IS A GREAT IDEA, BUT I'M SORRY, I DON'T MEAN TO TO NO, THAT'S A GOOD IDEA.
IT'S GOOD TO JUMP IN, ESPECIALLY WITH GOOD IDEAS LIKE THAT TO HELP THIS BECOME A BETTER PROJECT.
SO, UM, AGAIN, THE FOCUS ON PEDESTRIAN SAFETY IS YOU CAN PARK IN THE MIDDLE PARKING SPACES, WALK INTO THE BUILDING AND LEAVE THE BUILDING WITHOUT EVER HAVING TO PASS THE DRIVE THROUGH TRAFFIC.
THAT'S GO IDEALLY GOING AROUND THE PERIMETER OF THE SITE, PUTTING THE DRIVE-THRU ON THE PERIMETER OF THE SITE ALSO
[02:25:01]
ELONGATES THE PATH OF THE DRIVE-THRU.IT MAXIMIZES THE STACKING CAPACITY, YOU KNOW, THE TRADITIONAL LAYOUT WHERE THE DRIVE-THRU JUST WRAPS THE BUILDING AND THEN PARKING ON THE PERIMETER.
YOU HAVE MORE PERIMETER FOR PARKING, LESS LENGTH FOR A DRIVE THROUGH STACK, YOU KNOW, WHEN THE DRIVE THROUGH IS THE MAJORITY OF THE BUSINESS.
YOU WANNA REALLY WANNA MAXIMIZE THE DRIVE THROUGH STACK AND THEN FILL IN THE PARKING THEREAFTER.
SO AS PART OF SOME OF THE STUDIES, UM, THAT PHIL AND HIS TEAM HAS, HAS PUT TOGETHER, UH, ME PERSONALLY WITH BOWLER, I'VE PARTNERED WITH CHICK-FIL-A ACROSS THEIR ROLLOUT TO THE UPSTATE NEW YORK MARKET.
WE'VE WORKED ON ALL THEIR SITES, UM, UPSTATE NEW YORK OVER THE PAST FIVE, SIX YEARS AS THEY, UM, CAME TO NEW YORK, YOU KNOW, SIX YEARS AGO THEY WEREN'T HERE.
THEY ROLLED OUT IN DIFFERENT MARKETS AND WE FOLLOWED 'EM.
AND WE'VE LEARNED, WE'VE BEEN ABLE TO LEARN A LOT AND STUDY SOME OF THE SITES THAT WE'VE ALREADY BUILT TO COME UP WITH, OKAY, WHAT'S THE RIGHT AMOUNT OF PARKING SPOTS? WHAT'S THE RIGHT AMOUNT OF DRIVE THROUGH STACKING THAT WE NEED TO BUILD FOR, TO CONTINUE TO DO BETTER AND BETTER.
NOW IS NOT THE TIME FOR US TO HAVE QUESTIONS ABOUT THE LAYOUT OVERALL.
RIGHT? NO, LET DO THAT NEXT TIME.
RIGHT? YEAH, WE'LL PROBABLY DO, DO, DO LET 'EM GO THROUGH.
HOW MUCH TIME IS LEFT? THANKS.
I DON'T THINK WE'LL HAVE TIME LEFT TONIGHT.
WALTER, DO I JUST WANNA GET, WHETHER WE DISCUSS IT NOW OR NOT, I THINK IT'S SOMETHING THAT THE APPLICANT SHOULD LOOK AT, AND I THINK IT'S SOMETHING THAT OUR TRAFFIC CONSULTANTS SHOULD LOOK VERY CAREFULLY AT.
IS, IS THE FLOW AND OUR, ACCORDING TO THE TRAFFIC FLOW, UH, THAT INDICATE THAT YOU COULD HAVE 30 CARS IN THE, IN THE, THE QUEUE.
AND UH, AND I THINK IF, AND CORRECT ME IF I'M WRONG, YOU SAID ANOTHER, WAS IT 80 CARS OR SOMETHING LIKE THAT? CORRECT ME IF MY NUMBERS ARE INCORRECT.
HOW MANY CARS YOU ACCOMMODATE IN, IN, IN THE, IN THE STACKING LANE AND HOW MANY CARS CAN YOU ACCOMMODATE, UH, ON, ON THE SITE ITSELF? 80 AND 33.
SO I, I CAN GET INTO THAT NEXT.
WHAT THE POINT I WOULD LIKE TO MAKE BECAUSE, UH, UH, UH, AND A CONCERN OF MINE, BECAUSE I VISITED TWO OF YOUR FACILITIES IN CHARLOTTE.
AND, UH, AND, AND THE, THE ONE AND ONCE, UH, WHEN I WENT TO ONE OF YOUR SITES, YOU HAD CARS IN THE, IN THE QUEUE.
YOU HAD CARS BACKING UP ALL THE WAY INTO THE AISLE.
SO CARS THAT ARE PARKED, UH, TO, FOR CUSTOMERS WHO WANT TO GET IN, THEY CAN'T MOVE THEIR CAR.
THEY, THEY'RE BEEPING AND, AND, AND, AND ASKING SOME, UH, SOME OF THE CARS TO BACK UP SO THEY COULD TURN IN OR TURN OUT OF THE, OF THE ISSUE.
IN ADDITION, WE SAW BACK UP OUT INTO THE ROOF.
AND, AND DURING YOUR MAJOR, UH, UH, GEN, UH, MAJOR, THE PEAK CUSTOMER TIME IS ABOUT 1130 TO ONE 30.
AND I, AND I WAS THERE JUST AT ONE 30, JUST AT THE END OF YOUR PEAK TIME.
AND I SAW CARS ALL THE WAY BACKED UP OUT INTO THE ROAD.
WALTER, I, I DON'T MEAN TO STOP YOU, BUT LET HIM GET THROUGH THE PRESENTATION.
SO I'M JUST WANTED TO SAY WE NEED, I'D LIKE TO SEE DETAILED INFORMATION.
THERE'S A LOT OF INFORMATION WE'RE GONNA NEED, NEED.
SO I, I'D, WHAT I'D LIKE TO DO IS GET THROUGH THIS PRESENTATION, JUST GIVE YOU SOME GENERAL DIRECTION OF THINGS THAT WOULD BE HELPFUL FOR THE NEXT TIME.
AND THEN WE'LL GET INTO THE COMMENTS THE NEXT EXTENT.
'CAUSE WE'RE GONNA, YOU'LL MINUTES TO MY COMMENT WOULD BE, UH, A REAL DETAILED ANALYSIS OF TRAFFIC FLOW.
AND, AND WE HAVE MR. CANNING LOOKING THROUGH.
AND, AND I, OKAY, SO WHY DON'T YOU FINISH YOUR DESCRIPTION, PLEASE.
YEAH, I CAN TALK ABOUT THOSE DETAILS AND THANKS FOR SHARING THE NORTH C CAROLINA SAMPLE 'CAUSE UM, I CAN BET, BUT I, I, I DON'T KNOW THAT CURRENT SITE WE'RE, WE'LL LOOK INTO IT AND MAYBE DO A COMPARISON OF THE DIFFERENCE OF, OF THAT EXPERIENCE YOU HAD VERSUS HERE BECAUSE THIS IS HERE ROLLING OUT NEW TECHNOLOGIES THAT ARE ABOUT ONE TO TWO YEARS OLD, WHICH PROVIDE WHAT WE'RE GONNA, JUST, JUST QUICKLY, WHAT WE'LL DO, I'M GOING TO ASK THE BOARD TO, TO COMPILE ALL THE QUESTIONS TONIGHT THAT THEY GET FROM TONIGHT.
SUBMIT 'EM TO AARON AND GIVE 'EM TO YOU AS MANY AS WE CAN IN ADVANCE OF THE NEXT MEETING TO, TO MAKE IT PRODUCTIVE.
AND THEN WE CAN THEN EVERY, WE WILL SCRIBE THEM TO THE PERSON WHO ASKS THEM AARON.
IT GIVES YOU, MAKES THE NEXT MEETING MORE PRODUCTIVE.
BUT GET THROUGH YOUR PRESENTATION TONIGHT, PLEASE.
SO, UM, MY POINT ABOUT JUST PARTNERING
[02:30:01]
WITH CHICK-FIL-A IN THE UPSTATE NEW YORK MARKET IS, IS EXACTLY KIND OF WALTER'S POINT OF HE WANTS TO SEE DATA.SO WE, WE'VE STUDIED SOME OF THE OPENING STORES THAT PHIL CAN GET INTO MORE DETAIL THAT, UH, SOME OF THE REPORTS THAT WE HAVE SUBMITTED.
TRAFFIC STUDIES DRIVE THROUGH QUEUING BACKGROUND.
THERE'S A LOT OF DATA THAT WAS PREVIOUSLY SUBMITTED THAT INCLUDES A LOT OF THAT DETAIL.
BUT IN SUMMARY, WE ARE, UM, THE DATA SUPPORTS THE DRIVE THROUGH CAPACITY THAT WE'RE PROPOSING HERE AT 33 CARS PROPOSING THE DRIVE THROUGH.
WE PROVIDED, UH, FOUR OTHER SIMILAR LOCATIONS, UM, THAT HAVE THIS SAME, UH, BUILDING CONFIGURATION.
THE SQUARE BUILDING, I THINK ONE WAS A, A LONG BUILDING IN INSTEAD OF THE SQUARE BUILDING, BUT TO HELP DOCUMENT THE AMOUNT OF PARKING THAT WE'RE PROPOSING.
SO WE'RE PROPOSING 50 PARKING SPACES IN THE TOWN OF GREENBURG LOT.
THOSE WOULD BE ALLOCATED FOR GUESTS TO THE STORE.
AND THEN THERE'S AN ADDITIONAL 30 SPACES IN THE CITY OF WHITE PLAINS.
UH, THEY'VE REQUESTED THAT WE PROVIDE A SIGN AT THE ENTRANCE MARKING THAT AS TEAM MEMBER ONLY PARKING.
DO YOU HAVE HAVE ANY TEAM MEMBERS AT ONE TIME IN THE, IN THE BUILDING? SO THERE'S A THREE SHIFT ROTATION, TYPICALLY UHHUH,
AND THEN THEY WOULD HAVE A OVERLAP DURING THE LUNCH HOUR.
SO THE OVERLAP WOULD BE, UH, THE MORE PARKING.
BUT WHAT THAT DOES, WHAT, WHAT'S GREAT ABOUT THIS LAYOUT IS IT GETS ALL OF THAT TEAM MEMBER PARKING OUT OF THE PRIME PARKING FOR GUESTS.
SO IT REALLY OPENS UP A LOT MORE OPPORTUNITY OF PARKING OUT IN FRONT OF THE STORE.
AND WHAT'S THE SEPARATION BETWEEN THE EMPLOYEE PARKING AND THE BUILDING? I SEE GREEN, BUT IS IT SOMETHING CHANGE? IT'S ABOUT ABOUT A FOUR FOOT RETAINING WALL.
HOW DO THEY GET, HOW DO THE EMPLOYERS GET THERE? SO THEY HAVE TO WALK UP THE SIDEWALK AND AROUND AND, AND THERE'S NO, THERE'S NO WAY ANYBODY'S GONNA BE CLIMBING OVER THIS WALL AND, AND CROSSING THE DRIVE THROUGH.
THERE IS A, A GRADE DIFFERENTIAL THAT HELPS US IN THIS SITUATION.
IT WAS KIND OF DESIGNED THAT WAY ON A REASON TO MAKE SURE THAT EVERYBODY'S FORCED THIS WAY.
THERE'LL BE A SAFETY RAIL ON TOP OF THAT RETAINING WALL.
AND SIMILAR TO THE FRONT, AS CHARLIE HAD MENTIONED, UH, PEDESTRIAN CONNECTIVITY WAS IMPORTANT FROM, UM, BOTH THE SIDE ROADS.
THERE WAS A QUESTION ASKED IF WE COULD PROVIDE CONNECTIVITY OUT TO ROUTE 100 AND WE WANTED TO MINIMIZE AS MANY, UM, PEDESTRIANS CROSSING THAT DRIVE-THROUGH AS POSSIBLE.
SO WE'RE GONNA DO A, A DENT HEDGE ROW, AS YOU MIGHT'VE SAW ON THAT.
UM, THREE D RENDERING THAT, UH, WAS PULLED UP A DENT HEDGEROW AROUND THE PERIMETER OF THE DRIVE THROUGH.
AND THEN THEY GO ON THE SIDE FUNNEL, EVERYBODY TO THE SIDE WHERE THERE'S AN INTERSECTION AT INTERSECTIONS, WE'LL HAVE A STRIPED CROSSWALK FOR SURE, BUT AT INTERSECTION CARS ARE LOOKING FOR MOVEMENTS.
THEY'RE SLOWING DOWN, THEY'RE STOPPING TO MAKE DECISIONS.
WE'LL BE SIGNED AS A, AS A SAFE CROSSWALK INTO THE SITE.
SO THAT'S THE PARKING, THAT'S THE DRIVE THROUGH.
UH, IMPORTANT TO NOTE OVER THE DRIVE THROUGH, WE'VE GOT TWO, UM, KEY AREAS.
ONE IS YOUR TYPICAL PICKUP WINDOW.
SO WHERE YOU GO GET YOUR MEAL.
THIS NEW TECHNOLOGY THAT CHICK-FIL-A IS PROPOSING HERE IS TWOFOLD.
DRIVE-THROUGH LANES ALL THE WAY THROUGH.
SO THEY GOT RID OF THE RI THE, THE WINDOW, THE TRADITIONAL DRIVE-THROUGH WINDOW IS NO LONGER, IT'S ACTUALLY A WINDOW WITH A FULL DOOR.
SO IT'S A, IT'S A SLIDE DOOR THAT TEAM MEMBERS ACTUALLY RUN THEIR MEALS OUT TO THE CARS.
SO THEY HAVE TO RUN ACROSS THE, SO THEY'LL CROSS THE OTHER ONE.
THEY'LL CROSS THE FIRST LANE TO HAND DELIVER MEALS TO THE SECOND LANE.
THERE'S A CENTER, UM, STRIPED AREA FOR TEAM MEMBERS TO NAVIGATE.
WHAT ABOUT PRE THE PRE-ORDERS? THERE'S NO WAY OF OF BEING AN EXPRESS LANE OR ANYTHING THAT, WHAT DO YOU DO WITH THE PRE-ORDER? UH, THEY'RE ACTUALLY LOOKING INTO THAT NOW FOR THREE DRIVE-THROUGH LANES.
THAT THIRD LANE WOULD BE DEVELOPED JUST FOR THE PRE-ORDER.
BUT YOU PROMISED NOT TO PUT THE THIRD LANE ON ON THIS PROPERTY.
SO UNLESS YOU PUT IT ON TOP RIGHT.
BUT THEY DO HAVE A MOBILE ORDER.
THEY DO HAVE A MOBILE ORDER PICKUP.
SO IF YOU MOBILE ORDER, YOU CAN GO PARK WALKING.
WELL, MY, MY DAUGHTER DOES THAT ALL THE TIME.
IT'S THE FASTEST WAY TO GET IN AND OUT, RUNS IN AND PICKS IT UP AND LEAVES WHAT SHE DOES.
SO WHAT'S IMPORTANT HERE THOUGH IS THERE'S A CANOPY OVER.
THIS SIDE OF THE DRIVE THROUGH.
IS THAT THE SAME HEIGHT AS THE BUILDING THE CANOPY? UH, IT IS NOT.
SO IT'S A SLIM, UM, NINE FOOT CLEAR.
IT'S ABOUT A 10 INCH FASCIA OKAY'S DARK BRONZE COLOR.
IT'S NO WORSE THAN A GAS STATION CANOPY BAG.
IT'S NOWHERE NEAR A GAS STATION.
IT'S MADE TO LOOK LIKE AN ANCILLARY, UM, I SEE IT.
WE CAN HAVE HIM ZOOM IN ON CHARLES.
AND IT'S DESIGNED TO NOT TAKE YOUR FOCUS AWAY FROM THE BUILDING.
'CAUSE THEY REALLY DO A GOOD JOB WITH THEIR BUILDING TWO-TONE BRICK.
THEY'RE GONNA PUT STONE ON THE FACADE AND THEY'RE, THEY'RE DESIGNING THIS BUILDING WITH FOUR
[02:35:01]
FRONTAGES.'CAUSE ESSENTIALLY WE DO HAVE FRONTAGES AND VISIBILITY FROM ALL SIDES OF THE BUILDING.
SO THERE'S CANOPY OVER THERE TO PROTECT, UH, GUESTS WHEN THEIR WINDOWS ARE DOWN.
BUT ALSO THE TEAM MEMBERS WHO ARE OUT IN THE DRIVE THROUGH WORKING TEAM MEMBERS WILL ALSO BE OUT HERE, UM, TAKING YOUR ORDER AT THE DRIVE THROUGH ORDER POINT.
THEY'VE GOT, UM, CARDS WITH MENUS.
THEY'LL HELP ANSWER QUESTIONS.
YOU THINK THEY PHYSICALLY, EVEN IN THE WINTER, THEY'RE GONNA BE OUTSIDE LIKE THAT? YEP.
THEY REALLY DO THIS FACE-TO-FACE INTERACTION PROGRAM AND IT'S PART OF THE WHOLE EXPERIENCE THAT THAT CHICK-FIL-A PROVIDES.
THEY WANT TO GO ABOVE AND BEYOND.
IT'S THE SECOND, SECOND MILE SERVICE THEY CALL IT TO HELP ANSWER QUESTIONS.
HOW DO THEY GET FROM, HOW DO THEY GET TO THE CANOPY FROM, FROM THE BUILDING? SO THERE'S A SERVICE DOOR IN THE BACK FOR TEAM MEMBERS AND A SIDEWALK ALL ALONG.
THE BACK OF THE BUILDING SNOW.
DO THEY STAY OUTSIDE? HOW DO THEY, HOW DO THEY RUN? DO THEY HAVE TO RUN THE ORDER OR CAN THEY THEY DO ROTATIONS, BUT HERE THEY HAVE LIKE A PAT, AN IPAD.
HEY FOLKS, I KNOW WE'RE CURIOUS.
NO, BUT I WANTED IS THE REASON GO AHEAD.
LET HIM GO THROUGH THE PRESENTATION.
I'LL, I'LL JUST, UM, FINISH UP WITH, YOU KNOW, THAT THAT'S REALLY, THE DESIGN IS DESIGNED AROUND CIRCULATION, PEDESTRIAN SAFETY.
WE HAVE DELIVERIES, UM, LOCATED IN THE BACK.
THIS WAS INITIALLY PROPOSED OVER IN THE WHITE PLAINS LOT, SIMILAR TO THE EXISTING CONDITIONS.
WE SAW THAT C V SS WAS THE SERVICE LOT.
SO OUR INITIAL PROPOSAL WAS THAT TO BE THE SERVICE LOT.
UM, SPEAKING WITH THEM AND SOME PRELIMINARY FEEDBACK, THAT'S STILL A VERY VISIBLE AREA TO ROUTE 100 AND THE CORRIDOR, UH, OF, OF, UH, THIS AREA.
SO THEY WANT TO POSITION THAT IN THE BACK OF THE SITE.
WHAT IS THAT? WHAT IS THAT'S IT'S A TRASH ENCLOSURE.
WHAT ABOUT DELIVERY? WHERE WOULD DELIVERIES BE ON YOUR SO DELIVERIES WOULD NAVIGATE INTO THIS SITE.
THE TRUCK WOULD STAGE AND CART DELIVERIES INTO THE STORE AND THROUGH THE FRONT.
AND THE, THE TRUCK TURNING PLAN WAS JUST PULLED UP ON THE SCREEN.
SO MR. CANNING HAD SOME COMMENTS RELATED TO THAT.
AND YEAH, YOU CAN SEE ON THE SCREEN, YOU KNOW, IF YOU HAVE A TRUCK PARKED IN THE MIDDLE OF THE PARKING LOT LIKE THIS, IT WOULD CERTAINLY HINDER WITH A BUSY, UM, AFTERNOON IF YOU TRY TO DO THIS AT LUNCH HOUR.
IT'S NOT IN THEIR BEST INTEREST TO DO IT.
SO 10 TO MIDNIGHT OR SO IS WHEN THEY TARGET TO DO, UH, THE DELIVERIES ACROSS THE STREET.
SO, UM, THAT'S REALLY THE SITE PLAN.
I THINK IT'S IMPORTANT TO AT LEAST GIVE PHIL MAYBE FIVE MINUTES TO TALK ABOUT THE OFFSITE IMPROVEMENTS THAT WE'RE PROPOSING.
SOME OF HIS BACKGROUND ON THE TRAFFIC STUDY, SINCE THAT SEEMS TO BE THE FOCAL POINT.
AND THEN WE CAN CERTAINLY, UM, SEE IF WE HAVE ANY TIME LEFT.
I CAN SEE YOU PUT A LOT OF THOUGHT THOUGHT INTO THIS DESIGN.
THANK YOU VERY MUCH FOR YOUR PRESENTATION.
I THINK IT'S A LOT BETTER THAN WHEN WE FIRST SAW IT.
I JUST, JUST WANNA ADD IN TERMS OF TRAFFIC STUDY THAT MR. CANON IS DOING IS ALSO TO LOOK AT THE TRAFFIC GOING DOWN OLD
UH, PHILLIP GREELEY FROM COLLIER'S ENGINEERING AND DESIGN.
WE PREPARED THE TRAFFIC IMPACT STUDY.
UH, THE INITIAL STUDY WAS SUBMITTED IN MARCH.
UH, YOUR CONSULTANT REVIEWED IT.
WE MADE REVISIONS, THE INITIAL STUDY FOCUSED ON, UH, WEEKDAY MIDDAY AND EVENING PERIODS AND SATURDAY AFTERNOON PEAKS.
UH, WE SUPPLEMENTED IT TO ADDRESS AM PEAK HOURS SINCE THE FACILITY IS OPEN IN THE MORNING.
UH, THAT WAS REVISED IN MAY OF THIS YEAR.
UH, WE SUBSEQUENTLY RECEIVED, UH, DETAILED COMMENTS.
UH, AS MR. GOTLIEB INDICATED, WE HAD MET WITH, UH, THE CITY TRAFFIC, UH, CONSULTANT, ALSO THE COMMISSIONER, UH, TO GET SOME INPUT ON, UH, OPERATIONS AND SOME OF THE ISSUES THAT THEY'VE HAD WITH THE SIGNALS IN THIS AREA.
THEY ARE LOOKING TO UPGRADE SOME OF THOSE SIGNALS, BUT, UH, AS YOU'LL GET INTO THE MORE DETAILS, IF THEY'RE NOT DONE IN TIME, WE, THEY'VE ASKED THAT WE MAKE SURE WE TAKE CARE OF THAT.
THAT INTERSECTION'S BEEN A PROBLEM FOR YEARS.
SO, UH, JUST TO, SINCE WE DON'T HAVE A LOT OF TIME TONIGHT, I'LL, I'LL RUN THROUGH PRETTY QUICKLY.
WE ANALYZED EIGHT INTERSECTIONS, INCLUDING THE DRIVEWAYS, UH, TO THIS SITE.
UH, IT AS INDICATED, THE DRIVEWAY ON OLD KESCO ROAD IS BEING RELOCATED AWAY FROM THE SIGNAL TO PROVIDE MORE STACKING, UH, IN TERMS OF THE ACCESS ON COUNTY
[02:40:01]
CENTER, UH, ROAD, UH, THAT ACCESS, UH, YOU KNOW, WILL BE PROVIDED TO ALLOW PEOPLE A SECOND MEANS OF ACCESS.AND ALSO IF YOU'RE COMING FROM THE SOUTHWEST ON TARRYTOWN ROAD ON ONE 19, UH, YOU KNOW, FROM WHERE THE COUNTY CENTER AS YOU COME IN, THAT WAY YOU CAN ACCESS THE SITE.
AND YOU DON'T HAVE TO COME THROUGH, UH, REPEAT, YOU KNOW, CUSTOMERS WILL, WILL KNOW THAT.
BUT, UH, WE'VE LOOKED AT PRIMARILY THE, THE BIGGEST, YOU KNOW, PROBLEM IN TERMS OF, UH, OLD KENCO AQUEDUCT AND TARRYTOWN ROAD IS, UH, THE, THERE'S ONLY SO MUCH CAPACITY THAT INTERSECTION IN PEAK TIMES HANDLES OVER 4,000 VEHICLES TOTAL.
THERE'S C OR D I CAN'T REMEMBER, UH, YEAH.
OTHER EXISTING CONDITIONS AT THE LEVEL OF SERVICE.
SO, UH, RIGHT OFF THE BAT WE ANALYZED IT TO SEE WHAT COULD BE DONE IN TERMS OF IMPROVEMENTS.
SO ON THE SITE SIDE OF OLD KESCO ROAD, WE WOULD BE WIDENING, UH, IN ORDER TO PROVIDE THREE LANES APPROACHING THE SIGNAL.
AS YOU KNOW, THAT SIGNAL OPERATES AT A SPLIT PHASE, UH, BECAUSE AQUEDUCT, YOU KNOW, HAS THE DUAL TURN, UH, HEADING, UH, I'LL CALL IT NORTHWEST.
UM, SO WE ARE WIDENING ALL KENSICO ROAD TO GET THREE LANES APPROACHING THE SIGNAL.
AGAIN, WE'RE MOVING THE EXISTING DRIVEWAY FURTHER AWAY FROM, UH, TARRYTOWN ROAD.
AND WE, UH, HAVE PROPOSED TO ALLOW LEFT TURNS OUT OF THAT DRIVEWAY.
ONE OF THE OTHER COMPONENTS OF, UH, THERE'S AN INITIAL, WHEN ANY OF THESE STORES OPEN INITIALLY, YOU GET THAT SURGE EFFECT.
SO THERE'S A WHOLE TRAFFIC MANAGEMENT PLAN, WHICH MR. CANNING HAS ASKED FOR SOME MORE DETAILS.
BUT THERE IS A PLAN IN PLACE THAT, THAT HAPPENS AT EACH OF THESE SITES.
UH, IN TERMS OF THE DRIVEWAY, UH, OPERATIONS, UH, THEY'RE GOOD OPERATIONS IN TERMS OF LEVELS OF SERVICE.
THE IMPROVEMENT THAT WE'RE PROPOSING AT TARRYTOWN, ALL KENCO AND AQUEDUCT IS TO OFFSET ANY INCREASE.
WE HAVE PROVI PROVIDE BETTER STACKING AS PART OF OUR STUDY.
WE HAD TO INCLUDE BACKGROUND GROWTH, UH, THE FORMER NESTOS PROPERTY, WE INCLUDED TRAFFIC FOR THAT.
THAT CAN'T BE A Q S R BY THE WAY, BY LAW.
UM, BUT WE HAD TO INCLUDE TRAFFIC FOR THAT IN THE BACKGROUND.
AND ONE OF MR. CANNINGS COMMENTS WAS TO, UH, DO A SENSITIVITY ANALYSIS WITH EVEN HIGHER GROWTH BECAUSE OF WHAT'S OCCURRING IN THE CITY OF WHITE PLAINS.
IN TERMS OF, UH, SO WE, WE'VE PROVIDED THAT, UH, INFORMATION.
WE HAVE HAD ALSO INITIAL DISCUSSIONS WITH NEW YORK STATE D O T.
'CAUSE WE, WE HAVE THE CITY, WE HAVE THE TOWN AND D O T.
SO, UH, THE IMPROVEMENTS AT THAT INTERSECTION WOULD ALSO REQUIRE REPLACEMENT OF THE PEDESTRIAN, UH, CONTROL ON THE CORNER.
UH, AT THIS TIME THE SIGNAL LOOKS LIKE THE MODIFICATIONS CAN BE ACCOMMODATED FROM A LOADING STANDPOINT.
UH, THE UPGRADES TO THE VIDEO DETECTION IS NOT FUNCTIONING PROPERLY THERE.
SO, UH, THE CITY OF WHITE PLAINS HAS IDENTIFIED THAT, UH, WE'VE BEEN TOLD THAT IF IT'S NOT DONE IN TIME, THAT WE WOULD BE RESPONSIBLE FOR THE VIDEO DETECTION.
AND THAT'S PART OF WHAT WE WOULD COORDINATE WITH THE CITY OF THE TOWN AND NEW YORK STATE.
OF COURSE WE NEED A, A PERMIT FROM D O T TO, UH, A CROSSWALK IS GREENBURG THOUGH, ISN'T IT? UH, YES, YES.
BUT THE CON THE CON THE SIGNAL IS PART OF THE SYSTEM THERE.
SO IS THAT D O T OR SO IT'S D O T AND THE CITY.
WHAT IS VIDEO DETECTION? IT'S PART OF, IT'S PART OF THE, UH, THE, THE CITY SYSTEM.
SO THE CITY HAS AN ADAPTIVE SYSTEM.
IT'S NOT REALLY FUNCTIONING IN THAT PARTICULAR AREA PROPERLY.
SO BETWEEN THE STATE AND THE CITY, WE WILL DEAL WITH THE SIGNAL IMPROVEMENTS.
BUT AGAIN, THIS INTERSECTION IS IN GREENBURG.
UM, SO THAT'S A DEDICATED LEFT TURN LANE YOU YOU'RE PROPOSING? THAT'S CORRECT.
AND, AND THEN IN TERMS OF SOME OTHER OFFSITE IMPROVEMENTS WITH THE TRAFFIC CIRCLE, WHERE OLD KENSICO AND COUNTY CENTER, JUST TO BETTER DEFINE MORE SIGNING STRIPING TO, THERE'S A LOT OF PAVEMENT THERE.
SO AGAIN, YOU KNOW, WE WILL, WE WILL GET INTO MORE DETAILS I'M SURE AS WE GO THROUGH THIS.
OBVIOUSLY ANYTHING YOU CAN DO TO DETER PEOPLE FOR GOING BACK BEHIND THERE INTO THE NEIGHBORHOOD YES.
WOULD BE APPRECIATED BY THE NEIGHBORS THAT, UH, UNDERSTOOD.
WE, WE WANT, WE WANT TO TO MAKE IT CONVENIENT FOR THE NEIGHBORHOOD, BUT NOT FOR ANY CUT THROUGH.
[02:45:01]
AND THAT'S WHY WE HAVE THE, THE ACCESS DRIVES TO BOTH, UH, ROADWAYS.UH, BUT IT IS THERE AS KIND OF A BACKUP SITUATION WHERE PEOPLE COULD ACTUALLY USE THE CIRCLE TO CIRCULATE YES.
SO, UM, AND, AND THAT'S PRETTY MUCH A QUICK SYNOPSIS OF EVERYTHING.
I KNOW MR. CANNING HAS HAD SOME OTHER COMMENTS PRETTY WE'VE TRIED TO RESPOND TO OR THE EARLY COMMENTS, WHICH I THINK WOULD BE HELPFUL TO THE BOARD.
UH, I THINK WALTER'S CONCERNS, YOU KNOW, WE'LL, WE'LL, WE'LL ADDRESS THOSE AS WE MOVE, MOVE FORWARD JUST TO STAY AFTER SCHOOL.
WHAT I'D LIKE TO DO IS JUST A COUPLE MINUTES FROM JOHN CANNING, IF YOU DON'T MIND.
UH, JOHN, JUST BRIEFLY, IF YOU COULD SUMMARY, SUMMARY WHERE YOU ARE, YOU GOT ABOUT FIVE, FIVE MINUTES OR SO, IN WHICH CASE YOU HAVE TO PAY THE PLANNING BOARD THEIR OVERTIME AFTER THAT.
BUT WE'D LIKE TO JUST HEAR SOME, UH, INITIAL COMMENTS FROM YOU.
THANK YOU SO MUCH FOR THANK YOU.
CAN TONIGHT GIVE US A NICE PRESENTATION? JOHN, GO AHEAD.
THANK GENERAL MEMBERS OF THE BOARD.
WE HAVE BEEN LOOKING AT THIS IN A LOT OF DETAIL.
WE ARE VERY AWARE OF THE BOARD'S CONCERNS.
UM, AND WE'VE HEARD OF PUBLIC CONCERNS.
UM, I GUESS
UM, WE HAVE REVIEWED THE MATERIALS, WE'VE REVIEWED THE SITE PLAN.
UH, I THINK AS YOU WILL GATHER FROM THEIR PRESENTATION, THEY HAVE GOT A LOT OF THE THINGS RIGHT.
UM, BUT THERE ARE STILL SOME CONCERNS THAT WE, UM, ALL IDENTIFIED.
UM, WE WILL TAKE YOUR COMMENTS PROCEEDING UNDER ADVISEMENT AS WELL.
UM, THE FIRST ITEM IS THEY HAVE A GRAND OPENING PLAN, UH, THAT WAS PROVIDED AT OUR REQUEST, BUT IT IS VERY SHORT ON SPECIFICS.
IT BASICALLY SAYS THAT THEY'LL COORDINATE WITH THE TOWN, THEY'LL HAVE SOME FOLKS UP HERE AND THEY'LL TRAIN THE FOLKS.
UH, MY BIGGEST CONCERN ABOUT THIS FACILITY IS, UH, ON OPENING DAY WHEN EVERYBODY WANTS TO GO AND SEE IT OR FOR THE FIRST FEW WEEKS.
SO I, I THINK WE NEED TO HAVE A FIRM PLAN OR AT LEAST A FIRMER PLAN TO ADDRESS THAT.
UM, THE SITE PLAN HAS IN A NUMBER OF PLACES THIS STATEMENTS ON THE NUMBER OF PARKING SPACES, AND I THINK IT'S C 2.0.
AND IT'S CONFUSING BECAUSE THERE'S TWO LOTS AND ONE'S IN BY PLAINS AND ONE'S AT GREENBURG.
SO THEY SAY THAT LOT ONE HAS 116 SPACES IN ON ONE OF THE PLANS THAT ACTUALLY HAS 83, WHICH IS 50, UH, PARKING SPACES AND THE 33, UH, UH, DRIVE THROUGH QUEUING SPACES.
THERE HAS BEEN SOME DISCUSSION AS TO WHETHER DRIVE THROUGH QUEUING SPACES SHOULD BE COUNTED AT ALL.
IT HAS IN THE PAST BEEN, UH, THEY HAVE BEEN COUNTED BY THE TOWN OF GREENBURG.
IT IS REASONABLE TO ASSUME THAT A VEHICLE CUING IS A VEHICLE NOT PARKING, AND THEREFORE CUING SPACES COULD COUNT TOWARDS PARKING SPACES.
IT'S MY OPINION BASED ON JUST ON THOSE OBSERVATIONS.
AND IF YOU THINK ABOUT IT LOGICALLY, UM, CLEARLY OF THE PARKING SPACES ARE FOR THE STORE'S EMPLOYEES, BUT THE APPLICANT HAS NOT INDICATED FULLY WHAT THE NUMBER OF EMPLOYEES, UH, WILL BE TONIGHT.
THEY SAID THAT IT'S 12 TO 15 ON THE BIGGEST SHIFT, BUT THERE'S SOME OVERLAP, WHICH IS MORE PARKING.
IT WOULD BE NICE TO KNOW, UM, THE MAXIMUM NUMBER OF EMPLOYEES THAT THEY EXPECT DURING SHIFT CHANGES AND THE MAXIMUM PARKING THAT THEY WOULD EXPECT.
IT'S PROBABLY GOING TO BE LESS THAN 30 SPACES.
UH, BUT IT WILL HELP US FIGURE OUT IF THE REMAINING 50 SPACES ARE SUFFICIENT FOR THEIR CUSTOMERS.
THE SENSITIVITY ANALYSIS, WHICH WE REQUESTED TO REFLECT THE ONGOING BUILDING BOOM IN WHITE PLAINS, UM, INDICATES THAT WITH THE MITIGATION MEASURES THAT DR.
GREELEY HAS INDICATED, UH, TRAFFIC IMPACTS AT THE LOCAL INTERSECTIONS WILL BE MITIGATED DURING ALL PEAK HOURS EXCEPT FOR THE INTERSECTION OF OLD KANSAS CROW ROAD WITH TARRYTOWN ROAD DURING THE P M PEAK HOUR.
THAT'S THE BUSIEST HOUR OF THE DAY.
THAT'S THE FRONT DOOR OF THE INTERSECTION.
SO THAT'S THE LOCATION WHERE THE PROJECT WILL PROBABLY HAVE THE MOST IMPACT.
THEY ARE, UH, PUTTING IN MITIGATION MEASURES AT THAT, AT THAT LOCATION WITHOUT THE MITIGATION MEASURES.
THE SENSITIVITY ANALYSIS INCREASES THAT INDICATES THAT THE OVERALL INCREASE DELAY, LET ME START THAT AGAIN WITHOUT THE UH, IMPROVEMENTS.
THE SENSITIVITY ANALYSIS INDICATES THAT THE OVERALL INTERSECTIONS DELAY WOULD INCREASE BY 25 SECONDS FROM 51 TO, UM, TO 76 SECONDS.
ACTUALLY 23 SECONDS, 51 TO 74 SECONDS.
BUT WITH THE IMPLEMENTATION OF THE MEASURES THAT THEY'RE PROPOSING, THAT INCREASE WILL BE REDUCED FROM 25 SECONDS TO JUST 10 SECONDS.
AND THAT'S ASSUMING THAT EVERYTHING GOES AHEAD IN WIPE HANDS.
THEY HAVE A BIG BUILDING BOOM.
AND MOST OF THAT IMPACT WOULD BE ON THE, THE P M R WOULD BE LEAVING WHITE PLAINS ON THE THROUGH MOVEMENT ON TARRYTOWN ROAD.
UH, WE'RE SAT SATISFIED THAT THE GARBAGE PICKUP SHOULD NOT BE AN ISSUE.
THEY'VE INDICATED THAT IT'S GONNA OCCUR, UH,
[02:50:01]
RELATIVELY EARLY IN THE MORNING AT A SLOWER PERIOD.THE GARBAGE TRUCK IS SMALLER THAN THE DELIVERY VEHICLES.
IT'S QUICK IN DOUBLE LOAD AND YOU'RE GONE.
SO WE'RE RELATIVELY COMFORTABLE WITH THAT.
UM, THE FOOD DELIVERIES ARE, UM, THEY ARE IN A WB 50, WHICH IS A SMALLER TRACTOR TRAILER.
UH, THEY PROVIDED THE PLAN AND THE PLAN THEY SHOW, UH, SHOWS THAT IT CAN GET AROUND THE SITE.
IT'S TIGHT THAT IT CAN GET AROUND THE SITE.
MY CONCERN IS, UM, AS, AS THEY INDICATED, IT IS A BIG VEHICLE AND, UM, YOU JUST DO NOT WANT TO DO IT WHEN THERE'S MUCH OF ANY ACTIVITY ON THE SITE.
AND THEY'VE INDICATED THAT THEY WOULD DO IT BETWEEN 10:00 PM AND 12:00 PM WHICH IS WHEN THE STORE CLOSES.
AND THAT'S OKAY, EXCEPT THAT THERE ARE PEOPLE WHO LIVE IN THE HOMES RIGHT ACROSS BETWEEN NEXT TO ERNESTO'S.
SO I, I'VE LOOKED AT THE TURNING TEMPLATES AND BASED ON WHAT I CAN SEE, IF THEY PULL THE VEHICLE IN AND THEY STOP IT DEAD IN FRONT OF THE STORE, UH, AND UNLOAD IT AT THE BACK, WHICH IS BY WHERE THE DRIVE THROUGH COMES OUT, BUT THERE'S A DOOR THERE, UH, AND FIGURE OUT A WAY TO GET IT IN THAT THEY WON'T HAVE TO BACK UP.
UM, I THINK THE BOARD WILL WANT TO CONSIDER WHETHER THEY CAN DO THAT OR WHETHER THEY'RE GOING TO NEED TO BACK UP BECAUSE THEY ARE GOING TO NEED TO LOAD AND UNLOAD IN THE LATER HOURS.
UH, AND THEN THE LAST ITEM THAT, THAT I HAVE AT THIS POINT, UH, I'VE LOOKED AT THE INFORMATION REGARDING MOVING THE DRIVEWAY AND RESCINDING OR ELIMINATING THE PROHIBITION OF LEFT TURNS OUT OF THE SITE.
UH, THE DATA INDICATES THAT IT SHOULD BE OKAY, BUT I WOULD QUALIFY IT BY SAYING THAT IF THIS PROJECT IS APPROVED, I WOULD SUGGEST A CONDITION OF APPROVAL THAT IF THE TOWN OR THE POLICE DEPARTMENT'S ATTEMPT DETERMINES THAT IT IS A PROBLEM, IT COULD BE REINSTATED.
AND THE REASON I SAY THAT IS BECAUSE IT'S NOT THAT MUCH OF AN INCONVENIENCE IF YOU CAN'T TURN LEFT OUT TO TURN RIGHT AND GO AROUND THE CIRCLE.
I DO BELIEVE THAT IT WOULD BE OKAY, BUT FROM A SAFETY PERSPECTIVE, IF THE TOWN COULD RETAIN THAT, RIGHT.
IF IT IS AN ISSUE TO COME BACK AND, UH, PUT IT IN, I THINK THAT WOULD BE, UH, BENEFICIAL.
UH, I'VE LISTENED TO THE COMMENTS OF THE BOARD AND I WILL CONTINUE TO REVIEW THE APPLICATION AND I'M HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.
OKAY, JOHN, THANK YOU VERY MUCH.
IT'S, IT'S ABOUT THE WITCHING HOUR FOR US TONIGHT.
FIRST OF ALL, AGAIN, THANK YOU FOR A COMPREHENSIVE PRESENTATION TONIGHT.
UM, AND ALL THE WORK YOU PUT INTO IT, YOU PUT A LOT OF HARD WORK IN.
OBVIOUSLY FIRST CAME IN SINCE THE FIRST TIME WE SAW THIS, AND IT'S LIGHT YEARS BETTER THAN THE FIRST, I THINK THE FIRST TIME WE SAW THIS THING, YOU KNOW, MONTHS AND MONTHS AGO.
WE'RE GONNA HAVE A LOT OF QUESTIONS, I THINK.
IS THERE MORE YOU WANTED TO SAY? OH, NO, I WAS JUST, UH, LET WE FINISH.
I WAS JUST ASKING UNTIL I KNEW.
NO, HE WANTS TO BE CHAIR PER CHAIRPERSON.
SO, UH, IF YOU WANT IT'S YOURS.
UM, ANYWAY, WHAT WE'RE GONNA DO IS I SAID I WANT EVERYBODY ON THE BOARD TO TAKE WHATEVER QUESTIONS YOU WROTE DOWN.
ANY THE OTHER ONES YOU THINK OF, GET 'EM TO AARON AS SOON AS POSSIBLE, BUT NO LATER NEXT MONDAY IF POSSIBLE.
SO THAT THEY CAN GO OUT TO THESE GUYS.
IT GIVES YOU LIKE A WEEK AND A HALF.
I WANT 'EM BACK ON THE SCHEDULE FOR OCTO FOR OUR NEXT MEETING IN OCTOBER.
FIRST MEETING IN OCTOBER TO DISCUSS THOSE QUESTIONS.
SO WE, WE, WE WILL TRY TO GET TO GET 'EM TO YOU AS SOON AS POSSIBLE, GIVE YOU A CHANCE TO DO IT, UH, GET THAT DONE.
AND WE CAN MOVE, MOVE FORWARD.
GIVES THEM A LITTLE TIME TO RESPOND TO THE MOST RECENT COMMENTS.
SO EVERYBODY WILL BE, IT'LL BE COMPLETELY TRANSPARENT AS TO WHAT WE'RE THINKING.
YOU'LL KNOW WHERE WE THINK, GIVE YOU A CHANCE TO RESPOND TO IT AND HOPEFULLY THAT'LL KEEP THE UP BALL ROLLING COMPLETELY.
THIS ONE, TUM, TUM BOARD HAS NO JURISDICTION IN THE STALLS, RIGHT? THAT'S CORRECT.
SO THAT AND THE ZBA AND THE Z B A FOR THE VARIANCES.
SO OUR FIRST JOB WILL BE TO RECOMMEND THE VARIANCES TO THE MAKE A RECOMMENDATION OF THE VARIANCES TO THE Z B A.
THAT WOULD BE A, WELL, WE HAVE, THERE'S NO, DO WE HAVE TO DECLARE SEEKER FIRST? YOU, IF YOU WANNA DO THAT NOW, MAY.
IF THE BOARD WOULD LIKE, I'D LIKE TO DO THAT NOW AND GET THAT OUT THE WAY, WAY SAVE, SAVES TIME.
UM, CAN I HAVE A MOTION TO DO CLARIS LEAVE AGENCY? I INTEND TO BE LEAVE AGENCY CHRIS SEEKER.
UH, WALTER SECOND, YOUR HONOR.
SECOND WALTER, UH, MOVED IT ALL IN FAVOR? AYE.
CIRCULATE THAT YOU'D BE DOING A COORDINATED REVIEW.
'CAUSE THEN WE CAN DO THE WHITE PLAINS THING AND WITH THE COORDINATION.
THAT'S WHERE WE, WE PREFER TO DO SO WE HAVE TO NOTICE WHITE PLAINS THEN, 'CAUSE THEY'RE AN INTERESTED, THEY'RE AN INTERESTED PARTY.
SO THEY HAVE TO BE, I DOUBT THEY'LL HAVE A PROBLEM WITH US, SO WE'LL CIRCULATE.
UNLESS, AND THE ONLY THING THEY MAY DO IS WANT AN UNCOORDINATED REVIEW.
[02:55:01]
OKAY.'CAUSE REALLY THE ISSUES ARE, ARE PERMANENTLY OURS MORE THAN THEY ARE THERE.
THEY HAVE SOME I LEGITIMATE ONES, BUT ACKNOWLEDGE WHEN WE MET WITH THEM.
WELL WE, AS I SAID AGAIN, WE'RE GONNA REACH OUT, YOU KNOW, WE'LL REACH OUT TO THEM.
I WOULD LOVE THEM TO COME TO OURS.
WALTER'S WILLING TO GO TO THEIR MEETING.
BUT IT'S GREAT THAT WE JUST WILLING TO DO THAT SO THAT WE KNOW IT, YOU KNOW, WHAT THEIR THINKING IS.
AND WE CAN INCORPORATE THAT TOO.
'CAUSE IT, YOU KNOW, WE WANT TO DO THIS AS SMOOTHLY AS POSSIBLE.
I HOPE WE CAN GET TO A RECOMMENDATION IN NOVEMBER, I WOULD HOPE.
UM, THE ONE THING I THINK WE'RE GONNA DO, JUST FULL DISCLOSURE, BECAUSE I KNOW WHERE THIS IS AND I HAVE DEALT WITH TWO PROJECTS IN THE SAME NEIGHBORHOOD BEFORE THE, OR WHERE NESTOS WENT AND THE BUILDING, THE APARTMENT BUILDING NEXT DOOR.
I SUSPECT THERE MAY BE A LOT OF INTEREST, I'LL PUT IT IN QUOTES OKAY.
CONSEQUENTLY, I WOULD LIKE TO HAVE A PUBLIC DISCUSSION PRIOR TO US DOING THE RECOMMENDATION SO THAT WE CAN GET ANYTHING OUT ON THE TABLE AND ADJUST ANYTHING WE DO THAT, DO THAT WAY.
THAT GET THEM ON THE TABLE THEN BEFORE THEY GO TO THE ZONING BOARD.
SO YOU, YOU ARE PREPARED TO, YOU'LL KNOW WHAT THEIR OBJECTIONS ARE.
IT'S BETTER FOR EVERYBODY IF WE GET IT OUT FRONT.
SO THAT'S WHAT WE'RE GONNA DO.
WHICH IS NOT, WE DON'T ALWAYS DO THAT, BUT THIS PARTICULAR CASE, I KNOW THE NEIGHBORHOOD, I, I HAVE A PRETTY GOOD IDEA WHAT THEIR CONCERNS ARE GONNA BE, BUT I WANT TO HEAR FROM THAT.
I'D LIKE THE BOARD TO HEAR FROM THEM BEFORE WE MAKE RECOMMENDATIONS.
I'M ALWAYS A BIG PROPONENT OF GETTING PUBLIC COMMENT EARLY.
UM, AND I HAVE, JUST LASTLY, I WANTED TO THANK THE TOWN'S PLANNING STAFF.
YOU GUYS HAVE BEEN INCREDIBLY RESPONSIVE.
GOOD JOB MAKES EVERY, IT MAKES THIS PRESENTATION GO MUCH SMOOTHER.
SO IT'S VERY, NOT A LOT OF MUNICIPALITIES ARE AS RESPONSIVE AS YOU GUYS.
WE, WE, WE REALLY, WE REALLY DO LIKE PARTNERSHIPS.
YOU KNOW, WE WANT TO THINK, YOU KNOW, TOWN PLAN, WE REALLY DO CARE ABOUT, ABOUT CREATING, YOU KNOW, VITAL BUSINESSES IN THEIR TOWN.
WE ALSO CARE ABOUT, YOU KNOW, MAKING SURE OUR QUALITY OF LIFE FOR THE, FOR THE PEOPLE WHO ALREADY LIVE THERE IS, IS MAINTAINED.
THAT'S WHY WE'RE, WE'RE TRANSPARENT AND WORK SO HARD WITH THEM, THEM FIRST 'CAUSE THEY KNOW WHAT WE'RE GONNA ASK.