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[ FINAL TOWN OF GREENBURGH PLANNING BOARD AGENDA WEDNESDAY, December 6, 2023 – 7:00 P.M. Meetings of the Planning Board will be adjourned at 10:00 p.m. ]

[00:00:05]

OKAY.

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

MR. SHRI, WILL YOU PLEASE CALL THE ROLE? SURE.

CHAIRPERSON SCHWARTZ? HERE.

MR. SIMON? HERE.

MR. GOLDEN? HERE.

MS. DAVIS.

HERE.

MR. DESA? HERE WE HAVE MR. SNAGS ON ZOOM AND, AND MR. HAY IS SOMEWHERE CHASING PENGUIN.

THAT'S RIGHT.

SENT ME A PHOTO.

OKAY.

HE DID, HE SENT ME A PHOTO.

HE SENT ME A PHOTO TODAY.

HE, THAT'S WHAT I WANTED.

I SAID I WANTED ICE, ICE CUBES FOR THE PARTY.

HE SENDS ME A PICTURE OF A, A, UH, BIG, UH, GLACIER ICE ICEBERG, .

AND I SAID, NO.

I ASKED FOR ICE CUBES.

I WAS NOT HAPPY.

OKAY, LET'S GET STARTED.

UH, LET'S START GLAC THE MINUTES.

ANY QUESTIONS, COMMENTS ON THE MINUTES? NOPE.

NO, THAT'S GOOD.

I DIDN'T HAVE ANY REALLY GOOD JOB.

AGAIN, BY AS ALWAYS, BY MATT.

MOVE TO APPROVE.

DO I HAVE A SECOND? SECOND, SECOND.

WALTER, ALL IN FAVOR? YEAH.

AYE.

A THANK.

THANK YOU.

IT'S APPROVED.

MOVE ON.

BEFORE WE WE'RE GONNA MOVE INTO CORRESPONDENCE, ONE OF THE THINGS I WANT TO DO IN, UH, CORRESPONDENCE IS ACKNOWLEDGE A MEMBER OF OUR BOARD JUST BEING PUT INTO THE WESTCHESTER SENIORS HALL OF FAME.

UH, HE'S BEEN A MEMBER OF THIS BOARD FOR A LONG TIME AND A GREAT CONTRIBUTOR AND CONTRIBUTED IN A LOT OF OTHER WAYS TO THIS TASK, UH, AND, AND I THINK SIGNIFICANTLY IMPROVING WHAT'S HAPPENING WITH THE HISTORIC BOARD.

NOW.

I'M TRYING TO BRING SOME PROCEDURE TO THAT BOARD, AND WE ALL THANK YOU ON THE PLANNING BOARD FOR DOING THAT, FOR, FOR US.

I KNOW AARON DOES AS WELL, UH, WORKING WITH ME, UH, WITH, UH, MADELINE ON THAT.

SO HE WAS, UH, INDUCTED INTO THE WESTCHESTER HALL OF FAME BY MR. KEN JENKINS, UH, ON, ON FRIDAY.

SO, CONGRATULATIONS.

THANK YOU.

SAY WHO? WHAT? OH, YEAH.

QUIT .

YOU WERE TALKING.

KEN.

JENS.

GOOD QUESTION.

VERY GOOD.

I THOUGHT THAT WAS, I JUST THOUGHT IT WAS OBVIOUS.

THAT'S ALL.

THAT'S, THAT'S THE THING.

UM, DID TWO DETAILS.

SHOULD WE GET COPY COPIES OF THE CHIN TO THE SOLO LOCK? BECAUSE LET'S GET IS DO WE WANNA WAIT FOR GARRETT ON THAT? IS HE ON? YEAH, HE IS, BUT, UM, WE FIGURED WE DO ALL LATER.

WE'LL DO IT AND, OKAY.

WE'LL DO LATER.

OKAY.

WE'LL DO THAT AT THE END.

OKAY.

THEN WE'VE GOT A COUPLE OF THINGS THAT CORRESPONDS.

ONE OF THEM IS A MARIN SUBDIVISION, WHICH IS WHAT THAT FOURTH EXTENSION? YES.

PB 2103.

YEAH.

PB 2103.

WOULD YOU, UH, EXPLAIN THE SITUATION TO US? UH, AARON, PLEASE? YES.

SO THE MARIN SUBDIVISION, AS YOU MAY RECALL, IS SOMEWHAT TIED TO THE NATIONAL ROAD SAFETY FOUNDATION.

RIGHT.

SUBDIVISION ALSO ALONG ARDSLEY ROAD.

AND, UH, THE MARIN SUBDIVISION CAN'T BE SIGNED OFF BY THE COUNTY HEALTH DEPARTMENT UNTIL THE PLATT FOR THE NATIONAL ROAD SAFETY FOUNDATION WAS ENDORSED AND FILED.

IT HAS AS OF TO, UH, EARLIER TODAY, I GOT CONFIRMATION THAT, THAT PLATT HAS NOW BEEN FILED.

SO THIS PROJECT, MARIN, IF IT GETS ITS EXTENSION THIS EVENING, WOULD BE IN A POSITION TO MOVE FORWARD WITH THE COUNTY HEALTH DEPARTMENT.

OKAY.

I'LL TAKE A, A MOTION TO A APPROVE THE EXTENSION FOR A PERIOD OF 180 DAYS.

SO MOVE, MOVE SECOND.

UH, JOHANN SECONDS.

WALTER MOVED.

ALL IN FAVOR? AYE.

AYE.

ALL OPPOSED? AYE.

THANK YOU.

OPPOSED.

THANK YOU VERY MUCH FOR THAT.

UM, WE DID GET AN ADJOURNMENT FROM REGENERON.

THEY WEREN'T READY TO TALK TO US AGAIN YET.

SO, UM, WE WILL TALK TO, TALK ABOUT THAT.

UH, AT THE NEXT MEETING.

UM, WE HAVE ONE OTHER PIECE OF CORRESPONDENCE, WHICH IS DR. MOORE ROAD.

AS YOU RECALL, DR. MOORE ROAD IS WHERE THE BUILDING THE AFFORDABLE HOUSING UNITS IN EDGEMONT.

WE HAD HAD A SITE, WE HAD SITE PLAN APPROVAL FOR THAT PARTICULAR PROJECT, AND EVIDENTLY THEY'VE RUN INTO A LITTLE BIT MORE ROCK THAN THEY EXPECTED.

AND WHAT IS THE, THE, UH, MODIFICATION THAT THEY WANT? SO WE HAVE CHRISTOPHER HAHN HERE ON, UM, BEHALF OF WILDER BALTER, UH, PROPERTY DEVELOPMENT.

BUT, UM, IN A NUTSHELL, AND WE CAN, WE CAN ASK CHRIS TO SPEAK, BUT, UM, PURSUANT TO THE EMAIL THAT WE RECEIVED AND CIRCULATED TO THE BOARD MEMBERS, THIS BOARD ON JUNE 21ST, 2023, RECEIVED THE FIRST REQUEST FOR ROCK REMOVAL EXTENSION.

THE BOARD AT THAT TIME APPROVED A 30 WORKING DAY EXTENSION VALID THROUGH THE END OF THIS YEAR.

WELL, PURSUANT TO THE EMAIL AND THE DOCUMENTATION THAT WAS APPLIED BY MR. HANH, UM, THE APPLICANT ACTUALLY ONLY PERFORMED ONE WORKING DAY OUT OF THE 30 TO DATE.

AND THAT WAS DUE TO A DELAY.

AND THEY OUTLINED THE TIMELINE IN WORKING WITH, UH, THE WESTCHESTER COUNTY DEPARTMENT OF HEALTH AND TRYING TO GET VARIOUS APPROVALS.

OKAY.

UM, SO AGAIN, THEY'VE ONLY

[00:05:01]

USED ONE OF THE 30 WORKING DAYS.

THEORETICALLY, THEY, THEY WOULD HAVE 29 LEFT, BUT IT RUNS OUT AT THE END OF THE CALENDAR YEAR.

SO THEY'RE SEEKING TO EXTEND FOR THE TIME PERIOD UNTIL THE END OF MAY, MAY 31ST, 2020.

SO THEY STILL WANT 29 DAYS MORE.

YEAH, THAT'S, THEY JUST WANT TO EXTEND THE WHEN, UM, THE TIMEFRAME TO THE EXPIRATION DATE.

EXACTLY.

BUT THEY DON'T, DON'T WANT ANY MORE SHIPPING DAYS.

NO.

OH, IS THAT, IS THAT ACCURATE, MR. HO? THAT'S CORRECT.

YEAH.

WE JUST WANT TO EXTEND THE DATE YOU RAN INTO A LITTLE BIT OF DELAY ON OUR SANITARY APPROVAL.

SO WE'RE, UH, WE'RE OKAY WITH KEEPING THE 29 MORE DAYS IF WE EXTEND THE DATE IN WHICH THEY EXPIRED TO MAY 31ST, 2024.

OKAY.

UM, CAN I SO MOVED SECOND.

CAN MAKE THE MOTION FIRST FOR THE RECORD.

YOU DIDN'T SAY WHAT IT WAS.

MAY 31ST.

HE SAID IT, .

OKAY.

TRY, DO TRY TO DO IT COMPLETELY.

LIKE, LIKE YOU, YOU WERE TAUGHT, I'M TRYING TO BE, I'M TRYING TO BE EFFICIENT, EFFICIENT.

I'M A MAN OF FEW WORDS, NOT CREATING THE PUBLIC RECORD OR TWO DIFFERENT THINGS.

I'M A MAN OF FEW WORDS.

LETS, LET'S MORE, CAN WE HAVE A, CAN WE HAVE A MOTION TO EXTEND, UH, THE ROCK REMOVAL PERMIT TO MAY 31ST, 2024? YES.

IS THAT YOU'RE MOVING THAT SECOND, JOHANN SECOND.

ALL IN FAVOR? AYE.

AYE.

SEE WHAT HAVE TO PUT UP.

SO, MR. HAN, WE'LL RELAY THAT TO THE BUILDING DEPARTMENT SO YOU CAN GET THAT EXTENSION THROUGH THERE.

ALL.

OKAY.

THANK YOU MR. HAN.

THANK YOU VERY MUCH.

EVERYONE HAVE A, HAVE A NICE HOLIDAY.

OKAY.

I JUST WANT TO THANK YOU QUICKLY, UH, DISCUSS THE STATUS OF WHERE WE ARE WITH THE A DU LAW.

I, UH, GARRETT, UH, GAVE BACK TO THE A DL AND, AND I, I ACTUALLY TRANSMITTED TO YOU THE MOST UP-TO-DATE VERSION OF THE A DL LAW.

A DU LAW.

EXCUSE ME.

UM, THE TOWN BOARD HAS YET TO REFER IT TO US.

I'VE BEEN ON THE PHONE WITH PAUL SEVERAL TIMES AND WITH GARRETT ABOUT THIS.

OUR EXPECTATION IS THAT THEY'RE GOING TO REFER IT TO US AT THEIR MEETING ON THE 13TH OF DECEMBER.

WHO DRAFTED THAT? UH, THE A VL ACTUALLY DRAFTED IT WITH GARRETT'S HELP.

WHO DID THE ACCESSIBLE VIABLE LIVING COMMITTEE.

OUR AFFORDABLE HOUSING COMMITTEE ACTUALLY DRAFTED ITS SIMILAR PROCESS TO, WE USED IN, IN, WITH LESLIE'S COMMITTEE, LESLIE AND TOM'S COMMITTEE ON THE, UH, ON THE, UM, SUSTAINABLE SOLAR LAW AND THAT WE'VE DONE ON BATTERY STORAGE BEFORE WHERE WE'VE HAD A CITIZENS COMMITTEE DRAFT IT.

IT'S IN BOTH, IN THE CASE OF LESLIE SKU, IT WASN'T SPECIFICALLY JUST FOR THAT LAW.

THOSE COMMITTEES ARE SET UP TO DO A LOT MORE THAN, THAN JUST THAT, THAT'S JUST THE TIP OF THE ICEBERG FOR BOTH COMMITTEES.

SO, SO, BUT THE QUE QUESTION TO IS, IS, I MEAN, ANSWER TO THIS QUESTION IS THAT YOU AND YOU AND LESLIE WERE PARTICIPATED? NO, IT WAS ACTUALLY AISHA, MYSELF, WALTER, JOHANN, AND ABOUT FIVE OTHER PEOPLE WITH GARRETT AND AMANDA, UH, ACTUALLY WERE INVOLVED IN THE DRAFTING OF THE LAW.

OKAY.

DID DO WE SEND US A COPY? I SENT YOU A COPY ABOUT A WEEK AGO.

ABOUT A WEEK AGO NOW.

YEAH.

AND WHEN IT GETS REFERRED, WE'LL CIRCULATE ANOTHER COPY.

BUT, UM, PAUL PUT SOMETHING UP ALSO.

YEAH.

PAUL DECIDED THIS WEEK TO PUBLISH.

I WOKE UP ABOUT FIVE O'CLOCK, UM, TUESDAY MORNING, I THINK IT WAS TURNED ON CHANNEL 12 NEWS, AND ALL OF A SUDDEN I HEARD PLANNING BOARD WAS GONNA BE LEAD AGENCY AT AN A DU LAW, WHICH I THOUGHT WAS VERY INTERESTING.

NOW PAUL PUT IT ON NEXT DOOR, EDGEMONT.

HE PUT IT ON FACEBOOK, HE PUT IT EVERYWHERE.

AND I DIDN'T KNOW IT WAS ON NEWS 12 THOUGH.

IT WAS ON CHANNEL 12 TOO.

YEAH, BUT THAT'S NOT, UM, I THINK HE WAS JUST TRYING TO, TRYING TO UNSTICK WHERE IT WAS.

THAT'S ALL, ALL HE WAS DOING.

HE'S NO, BUT I I AND HE IS VERY EXCITED ABOUT IT.

YEAH.

BECAUSE HE KNOWS IT'S A TOOL THAT WE NEED IN THE TOWN.

SO THE REASON I SENT IT TO YOU BEFORE REFERRAL, WE CAN'T ACTUALLY DISCUSS THE LAW BECAUSE WE, WE HAVEN'T HAD IT OFFICIALLY REFERRED, BUT WE CAN LOOK AT THE LAW ON YOUR OWN TIME AND SUBMIT QUESTIONS TO MYSELF, TO, UH, AARON AND GARRETT SO THAT WE CAN ACTUALLY HAVE A REALLY PRODUCTIVE MEETING.

I THINK THAT, UH, IN JANUARY, UH, GET AHEAD ON THAT.

NOW THE SECOND THING I WANT DO IS, EXCUSE ME, WHEN, WHEN DO YOU THINK IT'S GONNA BE ON OUR AGENDA? JANUARY 1ST MEETING IN JANUARY.

FIRST MEETING? YES, SIR.

OKAY.

NOW WHAT THE OTHER THING I WANT TO DO THAT WE, IT'S A NEW THING THAT WE DID, AND I THOUGHT IT WAS VERY EFFECTIVE WITH, UH, CHICK-FIL-A WHERE WE ACTUALLY DID A PUBLIC DISCUSSION BEFORE WE DID A RECOMMENDATION TO THE TOWN BOARD.

THE BIGGEST ISSUE WITH ADUS IS GETTING THE PUBLIC INPUT AND FOR THEM TO UNDERSTAND WHAT AN A DU IS.

I MEAN, PEOPLE'S NATURAL REACTION TO IT, MINE INCLUDED WAS, GOD FORBID WE EVER DO THESE THINGS OKAY.

TILL YOU UNDERSTAND THEM AND THEN TELL YOUR CRAFT A LAW AND FIGURE OUT HOW THEY CAN WORK WITHOUT AFFECTING NEIGHBORHOOD CHARACTER, WHICH I THINK THIS LAW DOES.

UM, SO WHAT I'D LIKE TO DO, WE WILL HAVE OUR WORK SESSION.

LEMME JUST FINISH FOR ONE SECOND.

WE'LL HAVE OUR WORK SESSION,

[00:10:01]

AND ON THE FIRST MEETING IN JANUARY, SECOND MEETING OF JANUARY, I'D LIKE TO HAVE A PUBLIC DISCUSSION.

AND THE FIRST MEETING IN FEBRUARY, WE WE'LL RECOMMEND BACK TO THE, TO THE TOWN BOARD.

TO THE TOWN BOARD.

IS THAT WITHIN THE TIME WINDOW? UM, WE, I WOULD THINK SO.

IN ALL LIKELIHOOD.

OKAY.

IT SHOULD BE, IF NOT, WE'LL, AND WE'LL JUST ASK FOR AN EXTENSION IF THERE IS, BUT I, I THINK IT'S VERY IMPORTANT FOR US TO TRY TO GET PUBLIC FEEDBACK AS EARLY AS POSSIBLE.

MM-HMM.

SO THAT WE CAN RECOMMEND ANY ADJUSTMENTS THAT WE THINK THE PUBLIC, MAYBE THEY SEE SOMETHING WE DON'T.

IT'S VERY POSSIBLE.

AND WE DO THAT.

UM, SO TWO WEEKS AFTER OUR WORK SESSION, THEREABOUTS WILL HAVE THE PUBLIC.

YES.

OKAY.

OKAY.

SO THAT'S, THAT'S ALL THERE IS IN THE A DU.

AND WE CAN GO ON TO THE NEXT PIECE OF BUSINESS THEN.

OKAY.

BUT PLEASE, IF YOU HAVE A CHANCE TO READ IT BEFOREHAND AND ANY QUESTIONS, GET THEM IN SO WE CAN, GARRETT CAN BE PREPARED TO ANSWER THEM AT THE WORK SECTION.

WHO, WHO SHOULD WE SEND THE QUESTIONS TO? SEND THEM TO AARON AND HE'LL DISTRIBUTE IT TO GARRETT? MY GARRETT, JOHAN, AND THE AV L.

YEAH.

OKAY.

OKAY.

AND FEEL FREE TO CALL INTO STAFF IF YOU WANT TO SPEAK OVER THE PHONE, UH, TO DISCUSS, YOU KNOW, IN THAT, BY THE WAY, I LET YOU A MESSAGE TONIGHT.

HE DIDN'T RETURN IT.

WE, WE'VE JUST RESOLVED IT.

OKAY.

JUST SAY, NO, I LIKE THAT.

YOU DON'T HAVE TO CALL ME BACK.

GREAT.

THANK YOU.

UNLESS YOU REALLY WANT TALK TO ME.

UH, I THINK IT WOULD BE HELPFUL TO, UH, HAVE A LITTLE MORE TIME FOR THE COMMITTEE.

THOSE WHO HAVE NOT REALLY, UH, COMPLETELY UNDERSTOOD THE CONTEXT.

BECAUSE READING THE LAW IS ONE THING, AND THEN, WELL, THAT'S WHAT, THAT'S WHAT THE WORK SESSION'S ABOUT.

OKAY.

SO WORK SESSION AND THEN YOU'RE GOING TO, IT'S GONNA BE A WORK SESSION, THEN, THEN A PUBLIC DISCUSSION.

THEN WE'LL DO BE THREE MEETINGS.

OKAY.

PLUS, SO YOU GET THEN FROM, RIGHT.

YEAH.

IT PLUS CAN WE JUST GO AHEAD, JOHAR, EVERY, EVERYONE ON THE BOARD ALREADY HAS A COPY OF IT.

YES.

AND YOU COULD KIND OF READ IT ON YOUR LEISURE.

YOU HAVE PLENTY OF TIME BETWEEN NOW AND THE TIME THAT IT GETS ASSIGNED TO THE PLANNING BOARD OFFICIALLY.

SO, I DON'T KNOW.

IT'S ABOUT, IT'S UNDER 10 PAGES.

IT'S AN EASY READ.

IT'S VERY ENTERTAINING.

UM, SO SPEND SOME TIME, YOU KNOW, REVIEWING IT, MAKING NOTES, AND THEN BY THE TIME WE HAVE A WORK SESSION, IT'LL BE A LOT MORE PRODUCTIVE.

YEAH.

AND IF YOU FIND THE SECRET WORD, YOU WIN PRICE.

JUST, JUST TO FOLLOW UP ONTO WHAT YOU'RE SAYING.

IS IT, SO IT IS A, UH, IT'S IS TECHNICAL CODE THINGS OR IT JUST THE KIND? IT'S A CODE RIGHT NOW, ADUS ARE NOT ALLOWED, ALLOWED IN THE TOWN AGREEMENT.

I UNDERSTAND.

OKAY.

EVERY, VIRTUALLY EVERY OTHER MUNICIPALITY IN WEST WESTCHESTER HAS AN A DDU LAW.

IF WE DON'T PASS AN A DU LAW, GOVERNOR HOEL WILL DO IT FOR US.

CORRECT.

WHICH IS NOT SOMETHING WE WANT, WANT, WANT HER TO DO.

SHE'S ALREADY ATTEMPTED TO DO THAT TWICE.

I UNDERSTAND THAT.

SO WHAT'S THE NEXT DEAL? SO WE DRAFTED A LAW BASED ON, WE LOOK AT EVERYBODY ELSE'S LAW.

WE ALSO TOOK IT INTO CONSIDERATION, CONCERNS THAT WE KNEW WERE GONNA COME UP ABOUT CHARACTER OF THE NEIGHBORHOOD AND ALSO OUR ABILITY TO MANAGE THE APPLICATIONS.

AND YOU'LL SEE IN THE LAW THERE'S A CAP ON THE NUMBER IN THE FIRST YEAR, BECAUSE WE HAVE, WE CAN ONLY DO SO MANY.

IT'S BY SPECIAL PERMIT.

MM-HMM.

, WE CAN ONLY DO SO MANY SPECIAL PERMITS IN A YEAR.

AND, BUT THERE ARE OTHER SAFEGUARDS IN THERE, WHICH I THINK THE LAWS ACTUALLY PROBABLY MORE CONSERVATIVE THAN ANY OF THE LAWS IN, IN A SURROUNDING AREA.

SO WHAT'S GOOD ABOUT IT BEING MORE CONSERVATIVE THAN THIS SAYS, WE'RE NOT TALKING ABOUT IT IN JANUARY.

READ IT.

RIGHT.

READ IT.

OKAY.

OKAY.

WELL, LET'S MOVE ON.

UH, PB 22 DASH 24 HEARTS, UH, HILLS HOSPITALITY NORTH WASHINGTON AVENUE.

WE'VE SEEN THIS, UH, A BUNCH OF TIMES AND WE'RE HERE TO, TO, TO GIVE APPROVAL FOR IT TONIGHT TO VOTE ON APPROVAL TONIGHT.

AND WE HAVE VOTING ON SITE PLAN, PLANNING BOARD, STEEP SLOPE, PATROL REMOVAL, PERFORM, AND LANDSCAPING LABOR.

SO WE'VE GOT FOUR VOTES.

DID WE DO, DID WE DO SPEAKER ON THIS? YES.

OKAY.

YES.

SO, SO WE HAVE FOUR, FOUR VOTES, RIGHT? YEAH.

FOUR VOTES.

MM-HMM.

.

OKAY.

IS THERE ANY QUESTIONS OR COMMENT? WOULD ANY SPECIAL, UM, YEAH, ABOVE FOUR.

YEAH, I WAS GONNA, UM, SPECIAL CONDITIONS PLEASE ALERT YOU TO PAGE NINE.

CONDITIONS 4.2 AND 4.3 MM-HMM.

, UH, 4.2 STATES.

THE APPLICANT SHALL ENSURE THAT THE A DA RAMP IS KEPT FREE AND CLEAR OF ANY ICE OR SNOW.

SO YOU MAY RECALL THAT IN FRONT OF THE BUILDING YEAH.

GOING UP.

AND THERE WAS DISCUSSION ABOUT MAKING SURE THAT THAT'S KEPT CLEAN AND, UH, APPROPRIATE FOR A DA, UM, 4.3 STATES, THE APPLICANT SHALL ENSURE THAT ANY VE VEHICLES UTILIZING THE DELIVERY AND UNLOADING AREA AS DEPICTED ON THE PLANS, THE APPROVED PLANS DO NOT BLOCK INGRESS OR EGRESS TO THE UNDER BUILDING GARAGE, OUTSIDE SPACES, OR TO THE TRASH CORRAL WHEN TRASH IS SCHEDULED TO BE PICKED UP.

SO YOU MAY RECALL FROM

[00:15:01]

THE PLAN THAT, THAT THAT LOADING AREA WAS KIND OF IN THE VICINITY OF THE, THE TRASH PICKUP.

AND WE WANT TO MAKE SURE THAT IT'S KEPT FREE AND CLEAR.

OKAY.

ANY QUESTIONS ON THE, ON THE APPROVALS? NO.

OKAY.

SO I'LL TAKE FOUR VOTES AND TO DO IT SEPARATELY.

FIRST, CAN I HAVE A VOTE? UM, UM, A MOTION TO APPROVE THE SITE PLAN.

SO MOVED.

CAN I HAVE A SECOND PLEASE? SECOND, SECOND, SECOND.

WALTER BY A HAIR? JUST A HAIR.

ALL IN FAVOR? AYE.

JOHANN.

JOHANN.

HE'S ON MUTE.

I'M RAISING MY HANDS.

SOUNDS.

CAN, CAN YOU GUYS NOT HEAR ME? COULDN'T HEAR YOU.

THEN NOW I CAN.

OKAY.

ALL OPPOSED? OKAY.

THAT, THAT PASSES.

MM-HMM, , COULD I HAVE A MOTION TO APPROVE THE STEEP SLOPE PERMIT? SO MOVED.

MICHAEL, COULD I HAVE A SECOND PLEASE? SECOND.

SECOND.

SECOND.

LESLIE? ALL IN FAVOR? AYE.

AYE.

AYE.

ALL OPPOSED? OKAY.

CAN I HAVE A, UH, MOTION TO APPROVE THE TREE REMOVAL PERMIT? SO, SECOND.

OOH, THAT WAS A, THAT, THAT WAS A PHOTO FINISH.

WALTER AND I DID SECOND, BUT IF HE CORRECT, THAT'S FINE.

DOESN'T THAT'S FINE.

ALL IN FAVOR? AYE.

AYE.

ALL OPPOSED? OKAY.

THAT PASSES.

AND FINALLY, CAN I HAVE A MOTION TO APPROVE THE LANDSCAPING WAIVER? SO MOVED.

MICHAEL? SECOND.

SECOND.

LESLIE.

ALL IN FAVOR? AYE.

AYE.

AYE.

ALL OPPOSED? THANK YOU.

THAT PASSES.

I FORGOT ONE THING.

IT'S NOT REALLY A CORRESPONDENCE, BUT THERE WAS SOMEBODY SITTING IN THE FRONT ROW, UH, TONIGHT.

UM, IT ISN'T A MEMBER OF THE SECRET SERVICE OF THE CAA THAT YOU KNOW OF THAT WE KNOW .

NO, WE WE DID DO A BACKGROUND CHECK.

YOU CAN FINISH THAT RIGHT? DIDN'T YOU AMANDA? YEAH.

GREAT.

GOOD.

UM, SHE, HER NAME IS ALICIA SPARKS.

UH, SHE WAS NOMINATED AISHA.

AISHA SPARKS.

AISHA, I'M SORRY, AISHA SPARKS.

UM, SHE WAS NOMINATED BY, UH, TOM AND MYSELF TO THE TOWN BOARD TO BE OUR ALTERNATE ON THE PLANNING BOARD.

SHE'S BEEN WITH, UH, WORKING WITH MYSELF AND JOHANN AND WALTER NOW FOR SIX MONTHS, I GUESS SEVEN MONTHS ON THE A VL AND HAS BEEN A U THE A VL THE COMMITTEE.

THE COMMITTEE IS THE A VL.

THANK YOU.

WHAT DOES A VL STAND FOR? A VL? ACCESSIBLE, VIABLE LIVING.

THAT'S WHAT IT STANDS FOR.

WE DIDN'T WANT TO USE THE WORD ACCESSIBLE, VIABLE LIVING.

THE REASON IT, IT SAYS THAT IS BECAUSE AFFORDABLE LIVING HAS A VERY NEGATIVE CON CONNOTATION.

EVERYBODY THINKS IT'S JUST PROJECTS.

AND THAT'S NOT WHAT IT'S ABOUT.

IT'S ABOUT HAVING ACCESSIBLE, FINANCIALLY ACCESSIBLE.

OKAY.

VIABLE GOOD LIVING FOR EVERYONE IN WESTCHESTER.

WHETHER THEY BE MAKING A HALF A MILLION OR HALF A BILLION A YEAR, OR MAKING 40,000 A YEAR, EVERYBODY SHOULD HAVE A GOOD PLACE TO LIVE.

OKAY.

AND THAT'S OUR GOAL.

AND OUR GOAL IS TO DO THAT IN A WAY THAT ACTUALLY, UH, BRINGS PEOPLE TOGETHER AND NOT SEPARATE THEM OUT.

OKAY.

JUST, AND WE'LL, WE'RE LOOKING AT THAT.

WE'VE SEEN THAT WHAT BISHOP PRESTON, UH, PRESENTED AT OUR LAST MEETING, WHICH WAS WONDERFUL.

A MIXED INCOME.

AND IT'S ALL AFFORDABLE, BUT THERE ARE PEOPLE IN THERE THAT ARE GONNA BE MAKING OVER A HUNDRED THOUSAND DOLLARS A YEAR.

AND IN THAT PARTICULAR THING, UH, PROJECT THEY'RE PROPOSING.

SO WE'RE TRYING TO DO THAT, INTEGRATE PEOPLE INTO THE COMMUNITY.

AND WE HAVE A HUGE SHORTAGE.

WE ESTIMATED IN, IN GREENBURG ALONE, IT'S OVER 700 UNIT SHORTAGE IN AFFORDABLE HOUSING OR ACCESSIBLE HOUSING.

JUST IN GREEN GREENBURG ALONE IN ABOUT 40, 40% OF RED.

TALKING ABOUT COULD, COULD WE HAVE THIS DISCUSSION AT THE NEXT MEETING? YEAH.

NO, I JUST, JUST SAY HE ASKED THE QUESTION AND ANSWERED IT.

OKAY.

BUT AISHA IS, UH, GOING TO THE, I BELIEVE VOTED ON ON THE 13TH OF DECEMBER AND SHE'LL BECOME OUR ALTERNATE MEMBER.

SO WE WELCOME YOU TO THIS MEETING.

THE TOWN BOARD IS GONNA VOTE 13TH PLAN.

THAT'S THE PLAN.

THAT'S WHAT I UNDERSTAND.

YES.

SO DON'T CHANGE YOUR MIND IN, OKAY.

SO YOU MAY WANNA HOLD OFF INTO CHRISTMAS, CAN NEVER RELATE, JOIN THE CHRISTMAS PARTY, BUT YOU GET IN TILL THE 14TH.

RIGHT? ? I DON'T THINK THAT'S GONNA BE A PROBLEM.

OKAY, GREAT.

ALL RIGHT.

SO LET'S MOVE ON TO CROSSROADS.

UM, IT'S AN AMENDMENT, UH, FOR THE SHARED PARKING REDUCTION APPROVAL.

UH, WE WANT TO APPROVE AN AMENDMENT OR THEY WANTED, OR APPLYING FOR AN APPROVAL FOR AMENDMENT TO THE PARKING.

I'D LIKE THEM TO TAKE YOU US THROUGH.

THERE'VE BEEN THINGS THAT HAVE BEEN MOVED AROUND IN THAT SHOPPING CENTER, RESTAURANTS MOVING TO DIFFERENT PLACES IN THE SHOPPING CENTER.

SO WHAT I'D LIKE THEM TO DO IS SAY, OKAY, WHAT'S CHANGED AND WHY DO YOU NEED THIS CHANGE? OKAY.

SO I WILL TURN IT OVER TO OUR APPLICANT TO, SHOULD BE ON THIS.

YES.

WE HAVE MICHAEL THOMPSON FROM JOHN MEYER.

HI MICHAEL.

WELCOME.

HI.

THANK

[00:20:01]

YOU GUYS.

GOOD EVENING.

I'M .

UM, LEMME GO AHEAD AND FIGURE OUT THE SCREEN SHARING REAL QUICK SO WE CAN FOLLOW ALONG.

ALRIGHT.

UM, ARE YOU SEEING THAT PLANNING BOARD AGENDA? YES.

OKAY.

ALRIGHT.

SO I'M HERE.

I WORK FOR JMC.

I'M HERE TONIGHT ON BEHALF OF AKIA REALTY ON THE CROSSROAD SHOPPING CENTER SITE, UM, FOR A AMENDED SHARED PARKING WAIVER.

THIS PARKING WAIVER WAS APPROVED BACK IN JANUARY, 2016, ALLOWED FOR ADDITIONAL RESTAURANT USES ON THE SITE IN PLACE OF EXISTING RETAIL SPACES.

AND THIS SHARED PARKING AREA WAS NECESSARY BECAUSE THE ZONING REQUIREMENTS FOR RESTAURANTS, UM, REQUIRE TWICE AS MANY PARKING SPACES IN THE RETAIL SPACE.

SO AT THE TIME, WE WENT AND WE DID THE TRAFFIC STUDY AND WE SHOWED THAT THERE WAS PLENTY OF PARKING ON THE SITE, UM, AND GOT THE WAIVER APPROVED.

BUT WE'RE COMING FOR YOU TODAY BECAUSE WE WANT TO CHANGE THE LOCATION OF THE RESTAURANTS ON THE SITE THAT WERE PREVIOUSLY APPROVED.

SO IT'S STILL GONNA BE THE SAME SQUARE FOOTAGE OF APPROVED RESTAURANT ON THE SITE.

IT'S SIMPLY THE LOCATION ON THE SITE THAT'S CHANGING.

OKAY.

SO HERE IS A MAP AT THE SITE.

UM, NORTH IS UP.

YOU HAVE ROUTE ONE 19 HERE.

UM, AND TENANTS WITH BJ'S DSW HOME GOODS, YOU CAN KIND OF ORIENT YOURSELF.

UM, THESE AREAS HERE WITH THE RED HAT ARE PART PREVIOUSLY RESTAURANTS.

UH, THIS SPACE HERE ON THE LEFT, THIS WAS PREVIOUS TO BONES, IS NOW A RETAIL SPACE.

AMERICA'S BEST.

THIS SPACE HERE ON THE FAR RIGHT WAS PREVIOUSLY WHERE CHINA BUFFET? WAS IT? IT'S CURRENTLY VACANT.

OH, SORRY.

NO, THIS SPACE ON THE RIGHT IS NOW, IS NOW SALLY BEAUTY.

IT WAS PREVIOUSLY APPROVED AS RESTAURANT, BUT A RESTAURANT NEVER WENT IN.

AND NOW IT'S A RETAIL SPACE.

AND THIS SPACE IN THE MIDDLE WAS, UM, WAS WHERE CHINA BUFFET WAS.

THAT'S VACANT.

AND THEN WE'RE GONNA TAKE A LITTLE PIECE OF THAT AS WELL.

'CAUSE THERE'S A RETAIL SPACE RIGHT HERE.

SO THESE IN RED FOR THE OLD FOOD RESTAURANTS.

AND THEN THE NEW RESTAURANT SPACES, UM, THERE'S THIS LITTLE SLIVER HERE.

THIS IS CURRENTLY OCCUPIED AS A RESTAURANT SPACE.

THIS IS WHERE DUCK DONUTS MOVED IN.

SO WE WANTED TO GET, YOU KNOW, EVERYTHING CURRENT WITH RULES ON THAT DUCK DONUTS THERE.

AND THEN THIS SPACE HERE IS THE OTHER SPACE THAT WE'RE FOCUSING ON, UM, WHERE THERE'S A PROSPECTIVE TENANT THAT WOULD LIKE TO USE THIS SPACE FOR THE RESTAURANT.

UM, SO WE CHANGE THE TOTAL SQUARE FOOTAGE OF THE APPROVED RESTAURANTS IN THE CENTER WAS SIMPLY MOVING FROM HERE TO HERE.

I SEE ONE OF THE RESTAURANT GOING IN.

HMM.

I THOUGHT I SAW SOME, UH, WHEN I DROVE BY THERE THE OTHER DAY, I THOUGHT THERE WAS ANOTHER RESTAURANT THAT WAS GOING IN BY BJ NEAR BJ'S.

THE BJ'S NEAR BJ'S.

UH, THERE'S THE DUCK DONUTS NEXT TO DUCK DONUTS.

WHAT'S NEXT TO DUCK DONUTS? THERE'S AN EXISTING ONE NEXT TO DUCK DONUTS.

UM, THAT'S WHERE THE, UH, IS THAT, UH, HOLD ON, CHECK MY NOTES.

IS THAT APPLE? THAT'S ABE'S, APPLEBEE'S, APPLE.

IT'S NOT APPLE'S.

APPLE.

FORMALLY APPLEBEE.

YEAH.

FORMERLY APPLEBEE'S.

SO YEAH, SO IT'S, THAT'S RESTAURANT FOR RESTAURANT RESTAURANT.

SO WE'RE NOT, OKAY.

SO THAT'S JUST A SWAP OUT.

OKAY.

RIGHT.

GOT IT.

UM, OKAY.

SO, AND ALSO THE JA, THE JAO SPACE IN THE OUTBUILDING WAS ALREADY YES.

ALREADY ARRESTED WAS ALREADY IN THE FIRST PLAN.

YES, YES.

THAT WAS PART OF THAT PREVIOUS 2016 APPROVAL.

WAS THAT CHIPOTLE AND THE PANERA OVER HERE WERE BOTH PART OF THOSE PREVIOUS APPROVALS.

OKAY.

THE PANERA'S ALL THE WAY, ALMOST ALL THE WAY TO THE, UH, YES.

EAST, RIGHT NEAR NEAR WHERE WE'RE PROPOSING.

THIS, THIS NEW RESTAURANT HERE.

NO, PANERA'S THE MAIN PART.

PANERA'S DOWN HERE.

CHIPOTLE'S UP THERE.

YEAH, I KNOW.

CHIPOTLE IS, THE, PANERA IS ALL THE WAY TO EAST OF BJ'S.

IT'S EAST OF BJ'S.

IT IS, YEAH.

OKAY.

YEAH.

OKAY.

UM, AT THE ACROSS THE TOWN STAFF, WE TOOK SOME DRONE SHOTS OF THE CENTER TO SHOW THE CURRENT PARKING OCCUPANCIES DURING PEAK TIMES.

MM-HMM.

.

SO WE, UH, BASED ON, YOU KNOW, THAT IT E MANUAL, WE DECIDED THAT THE PEAK TIMES FOR A FAST CASUAL RESTAURANT WOULD BE WEEKDAYS AT NOON OR WEEKENDS AT 2:00 PM SO LAST FRIDAY AT NOON, WE TOOK A DRONE SHOT AND SATURDAY AT 2:00 PM AND WE ALSO DID ANOTHER SHOT SATURDAY AT 6:00 PM SO THESE WERE TAKEN DECEMBER 1ST AND DECEMBER 2ND.

OKAY.

UM, SO THIS, WE TOOK THE DRONE OF, OF THE WHOLE SITE HERE, BUT WE'RE OBVIOUSLY FOCUSED ON AREA C AND D.

[00:25:01]

'CAUSE THE PROPOSED RESTAURANT WOULD BE HERE IN AREA C.

OKAY.

AND THEN D IS OBVIOUSLY THE NEIGHBORING, THE NEIGHBORING ONE RIGHT NEXT DOOR.

OKAY.

THAT'S EMPTY.

YEAH.

AND THEY'LL SHOW THAT.

SO HERE IS THE SITE.

THIS IS, UM, THIS ONE WAS TAKEN, UH, FRIDAY AT NOON.

AT THAT TIME THE SITE HAD 35% OVERALL OCCUPANCY.

UM, I'M ZOOMING IN A LITTLE BIT ON AREAS C AND D.

THIS IS AREA C HERE.

AREA D HERE.

SIMILAR AREA C.

AND AT 35% OCCUPANCY IN A ED AT 36%.

YEAH.

SOME OPEN SPACES.

THE EVEN IN THE FRONT THERE, I'M SURPRISED IN THE FRONT THERE.

YEAH.

YEAH.

THE FRONT, THE SIDES AND IN THE REAR SPACES, I DON'T KNOW WHY PEOPLE DON'T GO IN THE FRONT THERE.

THEY MUST THINK IT'S, THEY GET CAUGHT IN THERE OR SOMETHING.

I DUNNO.

THAT'S IN FRONT.

YES.

THAT ENTRANCE ARE, ARE HERE FOR CHIPOTLE AND, AND BAGEL IN, IN THE BAGEL PLACE, RIGHT? YEAH.

THENS BANK IS HERE ON THE END.

RIGHT, RIGHT.

UM, THERE'S AN ASPEN DENTAL HERE.

RIGHT.

AND THEN THIS IS CURRENTLY VACANT RIGHT HERE.

UM, A VACANT RETAIL.

UM, THIS IS SATURDAY AT, UH, 2:00 PM THIS WAS THE BUSIEST OF THE THREE.

IT WAS A 43% OCCUPANCY OVERALL.

UM, AND THEN FOR AREA C IT WAS 42%.

AND FOR AREA D IT WAS 53%.

IT'S GETTING CROWD BACK THERE, BUT IT'S NOT, WE'LL SEE A LOT OF OPEN SPACES HERE.

FRONTAGE OF THE RESTAURANTS.

THAT'S ALL B IT'S GOTTA BE ALMOST ALL BJ'S CARS HAVE BACKED UP.

EXACTLY.

YEAH.

THIS IS MORE BJ'S.

SO YEAH.

SO IF THE RESTAURANT'S GOING IN HERE WITH THE ENTRANCE HERE, UM, I WOULD SEE A LOT OF SPACES IN THAT AREA.

AND THEN, UM, AND THEN SATURDAY AT 6:00 PM IT'S A LITTLE HARDER TO SEE, BUT IT WAS FAIRLY EMPTY.

IT WAS ABOUT 20 VOL AND UH, WE HAD, UH, 21% IN AREA C AND 27% IN THE AREA D HERE.

OKAY.

SO WHAT DOES THE SHIFT, WHAT DOES THE SHARED PARKING DO THEN? OKAY, SO GO AHEAD MICHAEL.

YEAH.

THE SHARED PARKING WAS, UM, BECAUSE THERE WERE, BECAUSE THE, THE SITE WAS PARKED ADEQUATELY FOR THE CURRENT USES RESTAURANT AND RETAIL.

UM, BUT THEY WANTED TO SWITCH AT THE TIME IN 2016, THEY WANTED TO ADD SOME ADDITIONAL RESTAURANT SPACES TO THE CENTER.

AND THERE'S DIDN'T WANT TO ADD ADDITIONAL PARKING SPACES AS TERMS OF CONSTRUCTION BECAUSE IT FELT LIKE THERE WAS STILL PLENTY OF OPEN SPACES.

SO AT THAT TIME WE DID A TRAFFIC STUDY TO SHOW THAT THERE WERE OPEN SPACES AT THE TIME AND, UH, GOT APPROVED FOR RESTAURANT SPACES.

'CAUSE THE ZONING REQUIRES, UM, IT'S TWICE A STRIKE FOR RESTAURANT SPACES VERSUS RECESS SPACES IN TERMS OF WHAT PARKING'S REQUIRED.

SO THE LABOR IS FOR, FOR PARKING SPACES AT THE CENTER.

OKAY.

I THOUGHT, I THOUGHT THERE WAS A A, A ONE FOR ONE SHIFT.

YEAH, THERE IS, THERE'S ONE.

AND WHY SHOULD THERE BE ANY INCREASE? OH, SO LET ME EXPLAIN.

PLEASE DO.

SO THERE'S NO INCREASE IN THE REQUEST FOR THE SHARED PARKING.

YEAH.

OKAY.

RATHER, 'CAUSE THE RESTAURANT SPACES REMAIN THE SAME, EVEN THOUGH IT'S BEING SHIFTED.

THE SQUARE AROUND THE SQUARE FOOTAGE REMAINS EXACTLY THE SAME.

IT'S JUST THE LOCATION OF THE RESTAURANT SPACES WITHIN THE CENTER.

DOES THAT AFFECT, HOW DOES THAT AFFECT THE WAIVER? HOW IT AFFECTS THE WAIVER IS THE PLANNING BOARD AT THE TIME OF THE ORIGINAL WAIVER AND THE 2017 AMENDMENT HAD IDENTIFIED AND EVALUATED THE RESTAURANT SPACE IN SPECIFIC LOCATIONS.

OH.

NOW THAT THEY'RE SHIFTING IT AROUND, UM, THERE JUST NEEDS TO BE AN AMENDMENT TO THE APPROVAL.

IT DOESN'T CHANGE THE PARKING REDUCTION.

AND PREVIOUSLY THIS BOARD REVIEWED IT IN 2017, IDENTIFIED THROUGH STAFF AND THROUGH ITS PROFESSIONALS THAT THERE WAS NO ANTICIPATED, UM, ISSUES WITH OFF STREET PARKING AS IDENTIFIED HERE WITH THE DRONE SHOTS.

WE REVIEWED THIS PROPOSAL WITH JOHN CANNING, ALSO HAD A SITE VISIT, ALSO REVIEWED IT WITH, UH, TRAFFIC AND SAFETY FOR OUR GREENBURG POLICE DEPARTMENT AND THE BUILDING INSPECTOR.

NO ONE SAW AN ISSUE WITH THE PROPOSAL.

NOW, IS IT POSSIBLE TO RESOLVE THIS APPLICATION TONIGHT? YEAH.

YES.

SO LAST TIME IN 2017, THE PLANNING BOARD, THE SAME NIGHT OF THE DISCUSS, SAME NIGHT OF THE DISCUSSION YEAH.

HAD CLASSIFIED THE PROPOSAL FOR THE AMENDMENT AS A TYPE TWO ACTION AND THEN VOTED TO AMEND.

AND, AND THE OTHER, I MEAN, CLEARLY THIS IS A, A, A PARKING LOT THAT'S BEEN UNDER PARKED FOREVER.

UM, IN FACT, WE, WE ACTUALLY USED PART OF IT ON SUNDAYS FOR THE CHURCH ACROSS THE STREET.

[00:30:01]

DO WE HAVE TO DESIGNATE THIS, UH, TYPE TWO ACTION.

YES.

I THINK WE SHOULD.

SOME MOVED.

OKAY.

SECOND.

SECOND.

ALL IN FAVOR OF THIS BEING TYPE TWO.

AYE.

I'LL OPPOSED.

OKAY.

CAN I HAVE A MOTION TO APPROVE? APPROVE THE PARKING.

PARKING SECOND AMENDED, AMENDED TO THE APPROVE THE AMENDED PARKING WAIVER.

LESLIE AND THEN MICHAEL.

ALL IN FAVOR? AYE.

AYE.

AYE.

OPPOSED? OKAY.

CARRIE.

DONE A NO-BRAINER.

THAT WAS EASY.

NO, JUST FOR, UH, IN THE FUTURE.

HAVE A GOOD EVENING, MICHAEL.

A SITUATION LIKE THIS WHERE THE SQUARE FOOTAGE DOES NOT CHANGE, UH, THE DESIGNATION DOES NOT CHANGE.

IT'S JUST A MATTER OF MOVING FROM ONE LOCATION TO ANOTHER LOCATION IN THE SHOPPING CENTER.

IF THE NEW LOCATION DOES NOT CREATE A PARKING OR A PARKING ISSUE OR A TRAFFIC ISSUE, TO ME, THIS SHOULD BE LIKE A, IT CAN'T BE, YOU KNOW WHY IN THIS CASE, IN THIS CASE, IN THIS CASE, IT WAS FINE.

BUT YOU IMAGINE, LOOK AT MIDWAY, FOR EXAMPLE.

WE WERE VERY, VERY SENT IN THIS CASE.

IT WAS STILL OVER PARKED, UNDER PARKED.

IT'S A DIFFERENT SITUATION UNDER PARKED.

RIGHT? IT'S A, NOPE, THIS IS A NO BRAINER.

BUT YOU TAKE A LOOK AT MIDWAY, LET'S SAY THEY WANTED TO TAKE THE BANK AND MAKE IT WELL NO, NO, BUT THAT'S A DIFFERENT CASE.

THIS IS THE CASE THAT IT'S THE SAME.

IT'S NOT THE SAME.

NO, NO, NO.

I'M SAYING LET'S SAY THEY CLOSED RED LOBSTER.

MM-HMM.

ON THE SOUTHERN END, END OF MIDWAY.

MM-HMM.

.

BUT OPEN THE BANK, LET'S SAY THEY'RE COMPARABLE SPACES AND SQUARE FOOTAGE ON THE OTHER END.

OKAY.

WE CREATE A PROBLEM.

RIGHT.

WELL, THAT, THAT, THAT WOULD BE A SITUATION WE'D WANT TO SEE.

OKAY.

BECAUSE WE KNOW WE HAVE A LOT OF SENSITIVITY TO THE NORTHERN END OF THAT PARKING LOT.

RIGHT.

I I, I AGREE WITH YOU.

MY, MY POINT STILL SAYING, I, I PREFACE THAT BY SAYING IF IT DOES NOT CREATE, THAT'S WHY IT COMES HERE.

IT TAKE TOOK 10 MINUTES.

YEAH.

OKAY.

FINE.

AND IT'S, IT'S AMENDING A BOARD RELATED APPROVAL.

SO THAT GAR DO WE WANT TO, DO YOU WANT TO, UH, WE HAVE THE COMMISSIONER HERE, DIEGO, BUT WE ALSO HAVE DIEGO.

DO YOU MIND IF WE TAKE TAKE, UH, DIEGO FIRST? IT'S FINE.

THANK YOU.

YOU'RE OKAY? OKAY.

DIEGO, YOU SURE? YEAH.

YEAH.

ARE WE INTER INTERRUPTING YOUR DINNER? I MEAN, WE CAN WAIT.

THAT WAS .

FINISH UP YOUR PHONE CALL.

SO RUNNING FROM ONE MEETING TO THE NEXT? YEAH, WE'RE WE'RE, WE'RE ACTUALLY MOVING ON PRETTY QUICK.

SO THIS WILL BE YEAH, YEAH, YOU CAN TAKE YOUR TIME.

THANK YOU SO MUCH.

YEAH, THIS SURE.

TAKE YOUR TIME.

THANK YOU.

ALL SET.

THIS SHOULD BE FAIRLY SHORT.

I BROUGHT IT BOARD, BUT AARON I WAS ASSUMING YOU WERE GONNA PUT IT ON THE SCREEN.

WELL, I CAN HAVE MATT PUT IT UP ON THE SCREEN.

ABSOLUTELY, PLEASE.

SO THIS LAST ITEM, RIGHT? THE SCREEN'S FINE.

YEAH.

IT'S EASY TO SEE.

MATT, CAN YOU SHARE THAT, UH, THROUGH THE THUMB DROP PLEASE? SO, SO CAN YOU TELL US WHAT THIS YOU'RE TALKING ABOUT? MR. I'LL CALL MR. IT'S, IT'S, YEAH, JUST CALL IT OUT.

PLANNING BOARD 23 DASH 26 WASTE PLAINS FOUR 50 REALTY AT, UH, FOUR 50 AND FOUR 50 TERRYTOWN ROAD.

THIS IS TWO BUILDINGS THAT ARE EXISTING ON TERRYTOWN ROAD.

THEY WERE USED FOR CAR FOR I THINK BY RAY CATINA AT ONE POINT.

OKAY.

AND RIGHT NOW IT'S ONE, ONE PIECE OF PROPERTY THAT THEY WANT SUBDIVIDED TO TWO PIECES OF PROPERTY.

OKAY.

MM-HMM.

.

OKAY.

AND THIS IS A PRE-SUBMISSION CONFERENCE, SO THEY'RE JUST SEEKING SOME INITIAL FEEDBACK, ANY QUESTIONS, COMMENTS, CONCERNS, BUT NO FORMAL APPLICATION HAS BEEN MADE AS OF YET.

OKAY.

ALRIGHT.

GOOD.

I MEAN, UH, UM, YOU CAN, YOU CAN FOR THE RECORD, DIEGO.

DIEGO, I WAS GONNA SAY FOR THE RECORD, DIEGO VI ALLEY WITH JMC, UH, THE PLANNING AND ENGINEERING CONSULTANT FOR THE APPLICANTS.

UM, MR. CHAIRMAN, I THINK YOU PRETTY MUCH SUMMARIZED AND AARON, WHAT YOU SAID RIGHT THERE.

IT'S, IT'S REALLY A PRETTY STRAIGHTFORWARD, UM, UH, REQUEST FROM OUR STANDPOINT WITH, UH, THE SUBDIVISION PIECE.

IT DOES CREATE SOME ISSUES WITH, UM, UH, VARIANCE POTENTIAL VARIANCES THAT ARE NEEDED AND THINGS LIKE THAT.

BUT, UM, REALLY WHEN YOU LOOK AT IT, IT'S, IT'S RATHER SIMPLE REQUEST.

THE PROPERTY, UH, DOES CONTAIN THE TWO BUILDINGS ON THERE, THE FOUR 50 AND THE FOUR 60 BUILDING.

UH, THE APPLICANT WOULD LIKE TO SUBDIVIDE THEM INTO TWO SEPARATE LOTS.

AGAIN, PRIMARILY FOR REASONS IS OF TRANSFER AND FINANCING PURPOSES.

AND THIS WAY THERE ARE TWO INDEPENDENT, UH, PARCELS AS OPPOSED TO ONE PARCEL WITH TWO BUILDINGS ON IT.

UH, THE SUBDIVISION LINE WOULD GO RIGHT DOWN THE MIDDLE OF THE TWO BUILDINGS, UH, THAT IS A SHARED DRIVEWAY IN THAT LOCATION THAT LEADS TO THE BACK PORTION OF THE BUILDING THERE.

UM, SO WE WOULD PROPOSE AN EASEMENT SO THAT WE CAN CONTINUE TO UTILIZE THAT DRIVEWAY.

BOTH PROPERTIES WOULD

[00:35:01]

BE ABLE TO UTILIZE THOSE, UH, THAT DRIVEWAY, WHICH PROVIDES ACCESS TO THE PARKING LOT IN THE REAR.

UM, WE'RE NOT LOOKING TO MAKE ANY MODIFICATIONS TO THE SITE PLAN AT THIS TIME.

UM, THIS IS REALLY JUST FOR SUBDIVISION PURPOSES ONLY.

UM, SO AT SOME POINT IN THE FUTURE WHEN THE APPLICANT HAS A MORE A DEFINITIVE PLAN, THEY WOULD COME IN FOR AN APPLICATION FOR, UH, ONE OR EITHER PROPERTY AT THAT TIME.

AND WHAT ARE THE VARI YOU WANNA GO THROUGH THE VARIANCES FOR? CERTAINLY.

OH, JUST ONE QUESTION.

THAT, THAT, UH, CONCRETE BLOCK BUILDING ON THE LEFT, THAT'S NOT PART OF THE SITE, IS IT? NO, NO, NO, NO.

SO NO, I GOT IT.

IT'S THE TWO LOTS THAT YOU SEE PROPOSED LOT ONE AND PROPOSED LOT TWO.

AND BOTH OF THEM WOULD BE JUST 0.89 ACRES JUST UNDER AN ACRE, UM, FOR EACH LOTS ITSELF.

AND IT'S, UH, DOWN, YEAH.

TERRYTOWN ROAD 4 54 60 TERRYTOWN.

SO WHAT USED TO BE THERE BEFORE? SO THE, WHAT USED TO BE THERE BEFORE, PRIOR THERE USED TO EIGHT.

MY, I'LL LET THEM FINISH.

WELL, WE SHOULD MENTION AND THEN GO AHEAD.

GO AHEAD, FINISH.

ASK THE QUESTION.

WHAT WAS THERE PREVIOUSLY? MY LAST RECOLLECTION OF IT, AND YOU GUYS WILL CORRECT ME IF I'M WRONG, IT WAS CAR DEALERSHIP AS WELL.

YEAH, I THINK IT WAS PART OF RAY CATINA WAS THE MINI OF ONE TIME.

AND THEN WE, AND RAY CATINA WAS USING IT FOR SERVICE.

I THINK FOR LITTLE POINT.

I DON'T REMEMBER THE EXACT BRANDS.

I JUST KNOW IT WAS CAR DEALERSHIP AND OR COST.

I THINK IT'S ALL OWNED BY , OWNED BY RE IT WAS, BUT TO ANSWER YOUR QUESTION, VARIOUS AUTO MILL FIELD RELATED ACTIVITIES THAT WERE IN THOSE, THEY HAVE LOT OF CLEANUP OR SOMETHING.

CORRECT.

AND NOW THE, THEY SELL IT.

WE'LL FIND OUT LONGER.

THE, THE QUESTION WAS RELATED TO THE VARIANCES.

THAT WOULD BE, SOME OF THEM ARE EXISTING NONCONFORMITIES THAT ARE JUST BEING MAINTAINED.

FOR INSTANCE, COVERAGE, UH, IMPERVIOUS COVERAGE ON EACH OF THE LOTS IS ABOUT 90%, WHERE 80% IS, UM, UH, REQUIRED UNDER THE CODE BECAUSE WE ARE, UM, CREATING A NEW LOT IN THIS CASE, TECHNICALLY IT'S A NON-CONFORMITY, SO I BELIEVE A VARI, SO IT WAS 90% FOR THE TWO BUILDINGS ON THE ENTIRE LOT.

YEAH, IT HAPPENED TO BE, AND AGAIN, BECAUSE WE'RE LITERALLY CUTTING IT DOWN RIGHT DOWN THE MIDDLE, IT'S ESSENTIALLY THE SAME THING.

SO IT'S STILL 90%.

BUT AGAIN, EVEN THOUGH IT'S, WE'RE NOT INCREASING IT, IT'S STILL A NEW LOT THAT'S BEING CREATED.

THEREFORE WE BELIEVE A VARIANCE IS GONNA BE REQUIRED.

UH, YOU HAVE THE SAME THING WITH BUILDING COVERAGE.

BUILDING COVERAGE IS A LITTLE BIT DIFFERENT BECAUSE IT WAS AT 33% WITH THE OVERALL PROPERTY.

WHEN YOU BREAK IT APART INTO THE TWO, ONE IS 32 AND CHANGE ONE IS 31, IT'S STILL OVER THE 30% THAT IS, UH, PERMITTED THERE.

AND THEN FINALLY THE YARDS, AND THANK YOU AGAIN FOR HIGHLIGHTING ALL OF THAT UP THERE.

MAKE IT MUCH EASIER TO READ LEFT RIGHT SIDE AND BOTH THE SETBACKS, THE SETBACK, AGAIN, THE, WHEN YOU LOOK AT ONE LOT THE LEFT IS AN EXISTING NON-CONFORMITY OR MAINTAINED.

THE MIDDLE IS, IT'S THE MIDDLE THAT'S BEING CREATED RATHER THAN HAVING THE 20 FEET THAT'S, UH, REQUIRED.

IT'S NINE POINTS, A LITTLE OVER NINE FEET ON EACH SIDE, BASICALLY.

OKAY.

AARON AND I WERE DISCUSSING THIS.

MM-HMM.

WITH AMANDA, UH, THE OTHER DAY.

THE, THE, I DON'T, MY PERSONAL OPINION IS IT'S THERE ALREADY.

YEAH.

IT'S SIM SIMILAR TO SOMETHING YOU GUYS DID ON CENTRAL AVENUE, CORRECT? MM-HMM.

, UH, A FEW YEARS AGO.

UM, AND IT MAKE, AND IT MAKES ALL THE SENSE IN THE WORLD TO DO, IT MAKES IT MORE MARKETABLE THAT WAY.

FLEXIBILITY.

CORRECT.

THE ONE THING THAT, THE TWO, TWO THINGS THAT I DO WANNA BRING UP THOUGH, IF THEY DECIDE TO MODIFY THE BUILDING, LIKE IF THEY WANT TO INCREASE THE HEIGHT, THEY MAY HAVE TO GO FOR GO AGAIN FOR A VARIANCE.

A HUNDRED PERCENT.

YEAH.

OKAY.

AT THIS POINT IT WOULD BE NO IMPROVEMENTS IF THEY WANTED TO REOCCUPY THE BUILDING.

RIGHT.

IT REALLY DEPENDS ON THE USE, WHETHER OR NOT A SPECIAL, YOU KNOW, IT REALLY DEPENDS ON WHAT ULTIMATELY IS GONNA BE.

RIGHT? MM-HMM.

.

BUT YEAH.

DO YOU WANNA BRING UP THE THING, THE LANDSCAPING? I WAS GONNA SAY TWO THINGS.

ONE, UM, ALTHOUGH WE HAD ASKED JMC AND THEY WERE UNAWARE, IT HAD COME TO OUR ATTENTION THAT WITH RESPECT TO THE FOUR 60 BUILDING, WHICH IS THE BUILDING TO THE LEFT IN THE IMAGE THAT NISSAN HAS EXPRESSED INTEREST IN MODIFYING THE EXISTING BUILDING AND OCCUPYING THAT SPACE.

UM, WE HAVEN'T, I DON'T KNOW IF WE'VE GOT A FORM.

I BELIEVE WE'VE GOTTEN A, UM, THERE'S BEEN DISCUSSIONS WITH THE COMMISSIONER AND WE ANTICIPATE THERE BEING A FORMAL SUBMISSION ON THAT, BUT THAT'S TO BE DETERMINED AFTER THIS IS RESOLVED.

YEAH.

WELL, IT'LL BE PART OF THIS PROBABLY.

YEAH.

YOU KNOW, IT'S JUST SOMETHING I WANTED TO BRING TO THE ATTENTION TO THE BOARD.

THIS IS, THIS IS A PRE SUBMISSION SEPARATELY, SO THAT CAN I, CAN I, BECAUSE I DID, ONCE YOU BROUGHT THAT UP, I DID REACH OUT.

UM, WE ARE WORKING WITH THE ATTORNEY AND THE TITLE COMPANY ON THE SUBDIVISION AT THIS POINT, WHO OBVIOUSLY IS IN TOUCH WITH THE OWNER AS WELL.

AND WE SPOKE TO THEM ABOUT IT.

MM-HMM.

, IT'S ONE OF THOSE THINGS WHERE

[00:40:01]

IT'S THE SUBDIVISION IS GOING TO OCCUR FIRST AND THEN THEY WOULD COME IN WITH A PLAN FOR THE BUILDING AFTERWARDS.

YEAH.

UM, THE SUBDIVISION NEEDS TO OCCUR FIRST IN THIS CASE.

AND THERE IS NO FORMAL PLAN THAT'S BEEN FINALIZED.

I KNOW THERE'S BEEN THOUGHTS AND DISCUSSIONS, BUT THERE'S NOT A FORMAL PLAN THAT THEY'RE READY TO PURSUE.

WELL, I THINK WHAT WE DO AS PART OF THE SUBDIVISION SAY THAT WE, WE ASK THEM TO COME IN WITH A NEW LANDSCAPE.

A HUNDRED PERCENT.

YEAH.

RIGHT.

THAT'S, THAT'S WHERE WE, THAT WAS THE OTHER THING I WAS GONNA MENTION.

THE LANDSCAPING PLAN.

THERE WAS A LANDSCAPE PLAN APPROVED IN CONNECTION WITH THE RAY RAY CATINA PROJECT AT THAT TIME, BACK IN 20 13, 20 14.

AND, UH, IT WOULD'VE, YOU KNOW, CLEANED UP THE SITE, ADDED SOME BEAUTY TO THE SITE, SOME NICE LANDSCAPING.

SO WE BROUGHT THAT TO THE ATTENTION OF JMC.

IT WAS THEIR PLAN THAT THEY YEAH.

THEY RECOGNIZED IT.

AND IT MAY BE SOMETHING THAT THE BOARD WANTS TO CONSIDER.

OH, I THINK THEY'RE FORWARD WITH, THEY'RE PUTTING GOOD DEALERSHIP IN THERE, THEY'RE GONNA WANT THE PLACE TO LOOK CONTRACT.

SO I THINK THAT'S A GOOD OPPORTUNITY.

BUT RIGHT NOW IT LOOKS LIKE TWO EMPTY WAREHOUSE BUILDINGS.

IT DOES.

YEAH.

AND SO, YOU KNOW, REPAVING IT AND CLEANING UP THOSE BUILDINGS AND PUTTING SOME GLASS IN THE FRONT OF THE BUILDING FOR THE SHOWROOM AND SOME, SOME, MAYBE SOME SHRUBS IN THE ENTRANCE WAY.

SO YEAH, WE'D WANT TO SEE A WHOLE NEW PLAN WITH THAT.

I, BUT CAN WE JUST CLA AGAIN, THAT WOULD BE PART OF THE SITE PLAN THAT COMES IN, NOT THE SUBDIVISION.

NOT THE SUBDIVISION.

I WOULD MAKE IT A CONDITION OF THE SUBDIVISION.

UNDERSTOOD.

RIGHT.

THAT THEY HAVE TO COME BACK WITH THAT BECAUSE THERE'S A POTENTIAL, IF THE USE IS PERMITTED AND THEY'RE NOT CHANGING ANYTHING, THAT THERE WOULD NOT BE SITE PLAN.

UNDERSTOOD.

AND I, I, AGAIN, I'M NOT THE, I CAN'T FORMALLY AGREE TO IT, BUT I CAN'T SEE THEM HAVING AN ISSUE WITH THAT.

I DON'T THINK, I DON'T THINK IT'S GONNA BE THAT ONEROUS TO BE CLEAR.

I AGREE.

SO, SO I, I JUST, WE REALLY DO WANNA MAKE, MAKE THE, WE'D LIKE TO IMPROVE THE LOOK OF THAT, OF THE PROPERTY ONE.

YEAH.

ONE 19.

I THINK THAT'S ALL.

YOU HAVE A MISSING VARIANCE OF CREATING A NON-CONFORMITY.

YEAH.

THAT'S THE LAST ONE.

TECHNICALLY IN OUR TOWN, AS YOU KNOW, YOU CANNOT DO A SUBDIVISION THAT CREATES A NON-CONFORMITY WITHOUT GETTING A VARIANCE TO THAT LAW.

SO THERE'S AN ADDITIONAL VARIANCE YOU CAN'T CREATE.

OKAY.

WELL, , IF YOU TAKE A LOOK AT OUR CODE, I'M NOT SURE WHICH ONE.

NO, IT'S VERY SIMPLE POINT.

TAKE A LOOK AT OUR CODE.

YEAH.

WHAT IT SAYS IS YOU CANNOT CREATE A SUBDIVISION THAT CREATES VARIANCES.

OKAY.

SO THAT IS A CODE CODE PROVISION THAT WE WOULD NEED A VARIANCE FROM.

YEAH.

CORRECT.

FOR OKAY, .

OKAY.

IT'S, I'M SORRY, I DIDN'T, THAT THAT WASN'T ON OUR BULK, BUT I UNDERSTAND.

YEAH, I GET IT.

IT'S, IT'S A LITTLE STRANGE THAT IT'S A SECTION OF THE ORDINANCE THAT WE NEED.

IT'S BASICALLY A LABOR TO SOMETHING THAT THAT'S IN THE ORDINANCE.

UNDERSTOOD.

OKAY.

SO IT'S A VARIANCE.

OKAY.

BUT OBVIOUSLY IF EVERYBODY IS POSITIVE ON EVERYTHING ELSE, THAT'S NOT A PROBLEM.

UNDERSTOOD.

THANK YOU FOR BRINGING IT UP.

I APPRECIATE IT.

YES.

OKAY.

ANY OTHER QUESTIONS? THAT WAS IT.

QUESTION.

ANYBODY WANT? GO AHEAD.

AS YOU KNOW, THIS PROPERTY IS IN THE URBAN RENEWAL PROPERTY, UH, ZONE.

SO WHAT, WHAT, I DON'T THINK SO.

IT'S NOT, IT'S ADJACENT TO PROPERTIES THAT, UM, THIS PARTICULAR ONE IS NOT.

THIS PARTICULAR IS NOT OH, OKAY.

NO.

OKAY.

SO THEN IT IS CLASSIFIED AS INTERMEDIATE COMMERCIAL INTERMEDIATE BUSINESS BUSINESS.

OKAY.

SO FINE.

I DID.

OKAY, GOOD.

ANYTHING ELSE? BECAUSE THAT WOULD'VE CREATED ANOTHER WHOLE ISSUE IF IT WAS .

ALRIGHT.

OKAY.

BUT I THINK WHAT IS IT REALLY, UH, PURPOSE OF THIS VARIANCE IS THAT YOU DO NOT PERPETUALLY CREATE, UH, NON-CONFORMING, NON-CONFORMING.

SO I THINK IT'S A, IT'S A GOOD IDEA TO SORT OF, UH, HAVE THE IDEA THAT IF, UH, YOU CAN DON'T, UH, DIVIDE IT AGAIN INTO TWO OR, AND MAKING IT NON-CONFORMING AND THEN ASKING FOR VARIANCE ALL THE TIME NOW.

WELL, IT, I MEAN, SO I, I THINK IT IS, THERE'S SOMETHING VERY IMPORTANT PROVISION THAT THE LAW HAS THAT YOU DON'T WELL, I, I'VE SEEN OH, THE PROVISION.

NO, I'VE SEEN THAT, THAT I THINK YOU'RE RIGHT.

'CAUSE I THINK PARTICULARLY IN RESIDENTIAL, WE'VE HAD SITUATIONS LIKE THAT.

AND THAT'S A PLACE WHERE WE'RE, WAIT A MINUTE, DO WE REALLY WANT TO DO THE SUBDIVISION GIVEN THAT WE'RE GONNA CREATE THAT VARIANCE? WE'VE ACT WE'VE HAD SEVERAL CASES LIKE THAT OVER THE YEARS.

I THINK YOU'RE RIGHT.

AND I THINK IT'S, IT MAY NOT BE A BETTER IDEA TO APPLY TO COMMERCIAL BECAUSE THEN IT, IT REMAINS THE SAME, RIGHT.

UH, NON, I MEAN IT'S NOT IN TOWN'S INTEREST, BUT, BUT THE THING, THE OTHER THING ABOUT THIS, AND IT'S ABOUT TIME, YOU KNOW, WE, WE, WE HAVE NOT IN THIS TOWN, IT'S A LOT OF WORK TO DO.

IT CLEANED UP ALL THE LE LEGAL NON-CONFORMING.

AND THE ONLY REASON THEY GET CLEANED UP IS SITUATIONS LIKE THIS.

ONE THING I I DO WANNA SAY IS ON BEHALF OF, UH, ACTUALLY JOHAN IS HERE, WHO'S CHAIRMAN OF, UH, THE FAIRVIEW, UH, EMPOWERMENT GROUP.

I'D LIKE TO SEE POSSIBLY A DA DIFFERENT, YOU YOU NOT THE NISSAN THING'S FINE, BUT THAT AREA IS A FOOD DESERT.

WELL, THERE HAS BEEN A LOT OF INTEREST.

WELL, THE ONLY THING YOU HAVE IS BJ'S.

NO, THAT'S NOT WHAT I WAS GONNA SAY.

I'M ALSO IN THE FAIRVIEW EMPOWERMENT.

OH, I'M SORRY.

AND, AND, UM, THAT'S, IT'S SO SOMETHING THAT WE'VE BEEN TALKING ABOUT,

[00:45:01]

PUTTING A FOOD CO-OP OR SOME KIND OF FOOD, DECENT, DECENT PLACE TO, UH, SUPPLY FOOD IN THAT, THAT NEIGHBORHOOD.

'CAUSE THERE IS NOTHING THERE EXCEPT FOR BJ'S.

BJ'S IS HELPFUL, BUT IT'S NOT A TRADITIONAL, TRADITIONAL SCENARIO.

LESLIE, YOU WANNA SAY SOMETHING? YEAH.

ANSWER TO THAT POINT.

NOT TO EVEN LIMIT IT JUST TO THAT, BUT, UM, 'CAUSE I, I NOTICED THAT IT SAYS THAT NISSAN IS CONSIDERING IT.

ARE ARE THEY MOVING THERE? THEY'RE SINK.

YEAH.

WITH THERE TWO BUILDINGS.

NO, I MEAN, BUT NISSAN HAS HAD THEIR SIGN UP THERE FOR A WHILE, SO I WAS JUST WONDERING, NISSAN ACTUALLY RENOVATED THE BUILDING TO THE WEST TO THE NEXT DOOR.

THEY HAVEN'T, UH, TAKEN OCCUPANCY FOR QUITE SOME TIME.

SO WE'VE BEEN CURIOUS ABOUT THE INTENDED USE OF THAT.

UM, IT'S GOOD TO GET SOME CLARITY AROUND THAT.

AND THE FACT THAT THEY'RE LOOKING FOR A SUBDIVISION TO DIVEST THEMSELVES OF THE PROPERTY TO THE EAST IS KIND OF GOOD NEWS DEPENDING ON WHAT THEY HAVE INTENT ON IT.

BUT TO HUGS POINT, THERE'S SOME USES THAT WE HOPE THAT WE MIGHT BE ABLE TO PROPOSE THAT HOPEFULLY THE OWNER WOULD BE, UM, INCLINED TO CONSIDER.

RIGHT.

AT THIS TIME, I, IT'S MY UNDERSTANDING THAT NISSAN'S ONLY INTERESTED IN THE FOUR 60 MM-HMM.

BUILDING.

SO THERE MAY BE AN OPPORTUNITY AT THE FOUR 50 RIGHT.

TO, TO REVITALIZE THAT.

THAT WOULD BE A PERFECT BUILD, PERFECT SIZED BUILDING FOR THAT.

THAT'S WHAT I THINK.

THAT'S WHY.

ABSOLUTELY.

YEAH.

WE COULD, UH, LET'S, LET'S TAKE THAT OFFLINE.

I DON'T WANNA YEAH.

BOG DOWN TO NO, BUT I, I DID WANNA MENTION IT WITH, WITH UH, JMC HERE.

OKAY.

ANY OTHER QUESTIONS? WHO IS THE OWNER? BUT, SO IT'S A WHO, WHO OWNS THE PROPERTY NET NOW? THE ENTITY IS WHITE PLAINS FOUR 50 REALTY.

THANK YOU.

WHICH IS, ISN'T THAT LEXUS? IT'S PROBABLY RAY CATINO.

RAY CATINO SUBSIDY AREA.

MAYBE IT'S PROBABLY RAY CATINO.

BECAUSE, BECAUSE THEY SHOULD KNOW WHAT THE CONCERN IS TO HAVE A, A FOOD PANTRY.

YEAH.

I MEAN THESE GUYS ARE, IT'S NOT A CONCERN.

CONCERN.

IT'S NOT A CONCERN INDICATED THAT THEY'VE HAD COMMUNICATION WITH THE ATTORNEY AND OWNER BEEN IN TOUCH WITH.

THEM'S NOT AN OPPORTUNITY.

I'M NOT SAYING IT'S A CONCERN.

IT'S AN OPPORTUNITY.

OPPORTUNITY THAT'S ALL.

I'M SORRY FOR TAKING UP THE MINUTE WITH THAT.

IT'S A LOW BAR THAT YOU ARE SETTING.

OKAY.

WELL IT'S AN OPPORTUNITY.

YOU CAN'T, YOU CAN'T LEGISLATE.

I I I OKAY, THIS GOES IN.

NO, COME ON MICHAEL.

STOP IT.

OKAY.

YOU CAN'T LEGISLATE WHAT GOES IN, IN THERE IF IT'S IN THE ZONE.

I DIDN'T SAY WE COULD ENCOURAGE PEOPLE TO LOOK FOR THE KINDS OF THINGS WE WANT, WHICH IS OUR PURVIEW TO DO, BUT WE CAN'T LEGISLATE IT.

SO I'M NOT ASKING THAT'S THE BAR ASKING.

I'M NOT ASKING LEGISLATING IT.

I'M ASKING IT TO RECOMMENDING IT IN NO, WITH THE CODE.

WITH THE CODE.

WITHIN THE CODE.

IF IT'S YES, YES.

YOU'D HAVE TO CHANGE THE CODE.

I UNDERSTAND THAT.

OKAY.

ALRIGHT, LET'S MOVE ON.

THANK YOU DIEGO.

A HOLIDAY.

THANK YOU AGAIN FOR TIME TONIGHT.

THANK YOU VERY MUCH, JIM.

HAVE GREAT HOLIDAY AND EVERYBODY, WE I WILL.

OKAY.

BYE.

THANK YOU.

TAKE CARE.

OKAY.

WE HAVE TWO OTHER THINGS TO DO.

YES.

WE HAVE TWO OTHER THINGS.

NEITHER WAS ON THE ORIGINAL AGENDA.

WE SNUCK THEM IN.

I THOUGHT I WAS GONNA GO HOME NOW.

NO, NO, NO.

I SENT AN UPDATED AGENDA OUT BY EMAIL AND ON, ON THE TABLE THIS EVENING IS THE FINAL AGENDA.

YEAH.

UM, RIGHT THERE ON YOUR RIGHT UNDER YOUR RIGHT HAND.

IT'S NOT EVEN EIGHT O'CLOCK YET.

GEEZ.

UNDER YOUR RIGHT HAND ON THE BACK.

OKAY.

UM, DO YOU HAVE A COPY OF THE CHA YOU WE MAKE? OH, EL OH, SO YOU WANT DO, UH, LET'S DO ELMWOOD FIRST.

OKAY.

WE'RE GONNA DO ELMWOOD FIRST.

OKAY.

UM, WE HAVE COMMISSIONER DECAN, GARRETT DECANS HERE AS YOU RECALL.

UM, THE ELMWOOD, UH, FORMER ELMWOOD GOLF GOLF COURSE THAT THEY DON ARE DONATING 14 ACRES OF LAND, UH, TO THE TOWN FLOOR AND ADDING TO THE PARK.

OKAY.

WHAT THIS IS, IS I JUST ADD TO THAT REAL QUICK FOR THE PURPOSE OF MEETING IT'S REQUIREMENT TO FOR RIGHT.

PROVIDE PARK, LAND AND RECREATION.

THANK YOU.

OKAY.

UM, THAT WAS, THAT IS WHAT THEY'RE DO DOING.

AND THERE HAVE BEEN A LOT OF DISCUSSION ABOUT HOW, HOW THAT WOULD BE CONFIGURED AND WHAT THE ACCESS WOULD BE.

THERE WERE, THERE WERE ISSUES ABOUT, UH, ENTRANCES AND THINGS LIKE THAT.

UM, WE HAVE A CAPITAL BUDGET, WHICH I THINK IS AT ABOUT 365,000.

THAT'S FROM COLLECTING PARKS AND REC FEES THAT WE HA HAVE CONTROL OVER.

THE PLANNING BOARD, UH, HAS APPROVAL OF, UM, JERRY BYRNE, UNFORTUNATELY CAN'T BE WITH US TONIGHT.

UH, JERRY IS AT A CHRISTMAS PAR.

HIS LAST CHRISTMAS PARTY, I BELIEVE IS AS COMMISSIONER OF PARKS AND RECREATION.

JERRY WILL BE INCREDIBLY MISSED.

YEAH, JERRY'S BEEN FANTASTIC AT HIS JOB.

UM, BUT LUCKILY HE'S GOING TO BE LEAVING THAT PARKS AND REC IN PRETTY GOOD HANDS, SO WE'LL BE DOING WELL THERE.

BUT HE'S SORRY HE COULDN'T BE HERE TONIGHT FOR THIS LAST REQUEST.

SO GARRETT IS GONNA PINCH IT FOR HIM AND GO THROUGH WHAT THE REQUEST IS

[00:50:01]

AND, UH, HOW MUCH MONEY IT'S, AND WHAT WE'RE DOING.

JUST ONE QUESTION.

DO WE HAVE ANY MATERIALS ON THIS? WRITTEN MATERIALS? WE DID CIRCULATE, WE CIRCULATED THE LETTER THAT, UH, THE COMMISSIONER OF PARKS AND RECREATION TYPICALLY, YOU KNOW, SENDS TO THE PLANNING BOARD.

YEAH.

IT WAS INDICATING THAT THE, THERE WAS A MEETING WITH THE GREENBERG PARKS.

I READ IT BEFORE, BUT IN RECREATION ADVISORY BOARD.

THAT'S ALRIGHT.

OKAY.

BUT COMMISSIONER DUQUE HAS, UH, SOME SLIDES.

HEY GARY, WHY DON'T YOU WALKER MR. BRI UP THE WHOLE THING, GARRETT.

OKAY, THANKS.

JUST A QUICK MIC CHECK.

YES, SOUND GOOD.

CUTTING AND LOUD.

EXCELLENT.

THANK YOU.

ALRIGHT, SO THANKS FOR ALLOWING ME TO PITCH HIT HERE.

I HAVE A BRIEF PRESENTATION THEN I'LL BE HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.

ALRIGHT.

SO COMMISSIONER BURNS SEEKS THE PLANNING BOARD'S SUPPORT AND POSITIVE RECOMMENDATION RELATED TO A REQUEST TO USE $23,000 FROM THE PARKLAND FUND TO UTILIZE A PROFESSIONAL CONSULTANT TO ASSIST IN THE MASTER PLANNING OF A 14.1 ACRE PARCEL THAT THE TOWN WILL BE OBTAINING FROM THE CURRENT ELMWOOD PRESERVE SITE OWNER.

THE ACQUISITION OF THIS SITE WAS A COMPONENT AND CONDITION OF THE PLANNING BOARD'S SUBDIVISION APPROVAL OF THE 113 LOT ONE FAMILY RESIDENTIAL CONSERVATION SUBDIVISION ON THE FORMER ELMWOOD COUNTRY CLUB, WHICH IS NOW ON THE SCREEN.

THE 14.1 ACRE SITE BORDERS THE EXISTING 47.8 ACRE EAST BROOK PARK.

AND WHEN COMBINED, THE TOTAL FUTURE PARK HERE WOULD BE APPROXIMATELY 62.2 ACRES.

THE USE OF A CONSULTANT TO MASTER PLAN FOR THE SITE WILL BE HELPFUL IN SEVERAL REGARDS.

THE PROCESS WILL ESTABLISH OVERARCHING GOALS FOR THE SITE.

IT WILL IDENTIFY PROPOSED SITE IMPROVEMENTS TO REACH THOSE GOALS AS IT WILL CONCEPTUALIZE LOCATIONS OF A FUTURE ATHLETIC FIELD TRAILS, PLAYGROUND AREAS AS SOME EXAMPLES, POTENTIAL EXAMPLES.

COMMISSIONER BYRNE RELAYED THAT THE CONSULTANT WILL BE CONDUCTING OUTREACH TO RESIDENTS TO ASSIST IN THIS PARK PLANNING PROCESS.

THE COMPLETION OF THE PARK MASTER PLAN WILL ALSO BE VERY HELPFUL TO THE TOWN TO USE AS IT APPLIES FOR STATE OR FEDERAL GRANTS FOR IMPLEMENTATION PURPOSES AT THIS PARK.

COST ESTIMATES FOR THE IMPLEMENTATION OF THE MASTER PLAN WILL BE A PRODUCT OF THE CONSULTANT'S WORK.

IT IS IMPORTANT TO HAVE A PARK MASTER PLAN THAT IDENTIFIES IN OPTIMAL FUTURE PARK ENTRANCE.

I HAVE HAD CONVERSATIONS WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION WHO HAVE INDICATED THAT THE BEST FUTURE DESIGN FOR THE ROAD NETWORK AT DOBBS ROAD AND WESTERN SPRINGING PARKWAY RAMPS IS TO CONSOLIDATE THE RAMPS AS DEPICTED ON THE CONCEPT DRAWING THAT YOU SEE ON THE SCREEN.

NOW, TO AFFECT THIS TYPE OF CONSOLIDATION OF LANES, A NEW PARK ENTRANCE WOULD BE NEEDED.

AND THIS IS A CONSIDERATION THAT THE CONSULTANT WILL DEFINITELY ADDRESS.

THE RECREATION HAS A FUND BALANCE OF APPROXIMATELY $365,000.

THE REQUEST FOR $23,000 REPRESENTS ABOUT 6% OF THE CURRENT BALANCE.

THE PARKS AND RECREATION ADVISORY BOARD HAS ISSUED A POSITIVE RECOMMENDATION FOR THE USE OF THESE FUNDS FOLLOWING A RECOMMENDATION FROM THE PLANNING BOARD, THE TOWN BOARD WILL CONSIDER APPROVAL OF THESE REQUESTED FUNDS.

THAT'S ALL I HAVE FOR THE MOMENT.

THANK YOU.

ANY QUESTIONS? YEAH, I GOT ONE QUESTION.

UM, GARRETT, IS $23,000 ENOUGH? YES, SO I THINK IT'S IMPORTANT TO NOTE, UH, WITH THAT QUESTION THAT, UM, THERE WILL BE CONCEPT DRAWINGS.

THEY WILL NOT BE CONSTRUCTION LEVEL DRAWINGS.

IF THE GOLD STAFF CONSTRUCTION LEVEL DRAWINGS, UH, I WOULD SAY THAT BUDGET WOULD LIKELY NEED TO BE TRIPLED.

UM, WE DO HAVE COST ADVANTAGES IN THE SENSE THAT THERE'S AN EXISTING SURVEY, UH, SO PRODUCT OF THE SUBDIVISION PROCESS.

UM, BUT, UH, BBS ARCHITECTS WHO DOES QUITE A BIT OF, UH, PARK PLANNING FOR THE TOWN, UM, I'VE WORKED WITH THEM AND, UM, THEY ARE VERY EFFICIENT AND, UH, VERY PROFESSIONAL.

AND, UM, I BELIEVE THAT THAT, THAT THAT COST STRUCTURE IS GONNA WORK JUST FINE AND ACHIEVE THE GOALS THAT ARE, UH, SOUGHT AFTER BY THE PARKS DEPARTMENT.

THANKS.

OKAY.

ANY OTHER QUESTIONS? OH, ONE OF YOU SAID THERE'LL BE, UH, OUTREACH FOR THE COMMUNITY.

NOW WILL THAT OUTREACH BE TO THE ENTIRE TOWN OR JUST THE RESIDENTS THAT AROUND THE PARK? YEAH, THAT'S A REALLY GOOD QUESTION.

UM, I TEND TO BELIEVE THAT THE FOCUS WILL BE, UH, UNINCORPORATED, UH, GREENBURG RESIDENTS.

UM, BUT AS I THINK ABOUT IT, I, I DO KNOW THAT EAST BROOK PARK, HAVING BEEN THE SUBJECT OF, UH, FEDERAL FUNDING IN THE PAST IS OPEN TO, UH, ALL RESIDENTS OF THE TOWN.

UH, THEREFORE, UM, I DO BELIEVE THAT IT WOULD

[00:55:01]

MAKE SENSE TO ALSO INCLUDE RESIDENTS OF OUR VILLAGES.

UM, I WAS, IT WAS DESCRIBED TO ME THAT ALIKE PROCESS WOULD TAKEN, LET ME CLARIFY MY, MY QUESTION.

MY QUESTION WAS NOT AIMED AT THE TOP, WAS AIMED REGARDING THE UNINCORPORATED AREA OF GREENBURG.

WHETHER OR NOT ALL THE RESIDENTS IN THE UNINCORPORATED AREA OF GREENBURG WILL BE CONTACTED.

NOW IF IT'S, IF THE YOU GO THE NEXT STEP FOR REST OF THE TOWN, THAT'S FINE WITH ME.

BUT MY CONCERN IS THAT EVERYONE IN THE, IN AN UNINCORPORATED AREA OF GREENBURG IS PART OF THIS PROCESS.

I, I CAN ASSURE YOU THAT, UH, THAT WILL OCCUR.

AND, YOU KNOW, THIS IS OBVIOUSLY NOT A POCKET PARK.

SO, UM, RESIDENTS FROM ALL OVER THE TOWN USE IT.

AND, UM, SO WE WILL, UH, BE SURE TO INCORPORATE, UM, MEASURES SUCH AS REACHING OUT TO A WIDE VARIETY OF OUR CIVIC ASSOCIATION CONTEXT.

UM, E-BLAST.

SO WE WILL DO BROAD OUTREACH, WALTER AND, AND PLENTY BOARD MEMBERS TO ENSURE THAT WE HEAR FROM, UH, EVERY RESIDENT IN THE UNINCORPORATED AREA THAT WANTS TO PARTICIPATE IN THE PROCESS.

THANK YOU.

YEAH.

TWO, TWO QUESTION AND A MICROPHONE PLEASE.

UH, FIRST IS THAT, UH, THE, THE SORT OF GREEN AREA ENTRANCE WAS WHO DECIDED THAT AND, AND WHY THIS THERE? UH, MATT, IF YOU COULD PLEASE, UM, MOVING SHARE THAT, THAT SLIDE ONE MORE TIME.

I BELIEVE IT WAS THE LAST SLIDE.

YEAH.

IF YOU COULD EXPLAIN WHAT'S HAPPENING WITH THE ENTRANCE, GARRETT.

I THINK THAT YEAH, BY ALL MEANS.

UM, GREAT QUESTION.

SO IN SHORT, UM, WHERE YOU SEE THOSE RED, UH, UH, DIAGONAL LINES, THAT, THAT REPRESENTS HYPOTHETICAL DEMOLITION OF, OF, OF ROAD AREAS.

SO, UH, DEMOLITION OF THE EXISTING, UH, SPRAIN RAMP AND THE BLUE REPRESENTS WHERE THE SOUTH, UM, BOUND OFF RAMP WOULD, UH, ACTUALLY SORT OF FLIP OVER INTO THE EXISTING PARK ENTRANCE.

AND THEN WITH A GOAL OF MATCHING UP DIRECTLY OPPOSITE WITH THE, UH, SOUTHBOUND ON RAMP THERE.

THANK YOU WITH, FOR THE CURSOR ACTION THERE.

AND PRESENTLY THERE IS, UH, NOT A SIGNAL AT THIS LOCATION.

AND, UM, THIS WOULD CERTAINLY BE THE SUBJECT OF THE NEW, UH, ADAPTIVE TRAFFIC SIGNAL, TURNING ARROWS AND ALL THAT GOOD STUFF.

UM, AS PART OF THAT, YOU KNOW, IT'S, IT'S IDENTIFIED THAT, THAT, UM, YOU KNOW, YOU WOULD ESSENTIALLY LAND LOCK THE PARK IF YOU STOPPED THERE.

UM, AND OF COURSE THAT'S, THAT, THAT WILL NOT HAPPEN.

SO THE GREEN THAT YOU SEE THERE IS, UM, JUST A VERY, UM, QUICK HYPOTHETICAL, UM, DRAFT SORT OF, UH, PLACEHOLDER IN GENERAL.

I THINK THE PREMISE IS TO GET THE DRIVEWAY, UM, AS FAR AS REASONABLE WHEN YOU'VE CONSIDERED GRADES AND WHATNOT, UM, FROM THAT SIGNAL, YOU WOULDN'T WANT TO, UM, SET IT UP AS IT IS NOW AND HAVE THE NEW PARK ENTRANCE, UH, SIT VERY CLOSE TO THAT, UM, REALIGNED RAMP SYSTEM.

SO IN GENERAL, IT'S JUST A CONCEPT THAT GOES WITH THE PHILOSOPHY OF LET'S, LET'S GET THAT NEW PARK ENTRANCE, UM, YOU KNOW, PERHAPS CLOSER IN LINE WITH THE, THE NURSERY ENTRANCE, BUT, BUT A CRITICAL DISTANCE MASS AWAY FROM, UH, THE, THE INTERSECTION THERE.

UM, YEAH, SO THAT, THAT, THAT'S, THAT'S THE EXPLANATION I WOULD SAY FOR THAT.

SO IN DOING THAT, I THINK YOU ALSO AVOID CONTINUING EXISTING LICENSE THAT WE HAVE WITH DEC, UH, NOT DEC.

THE DEP, WHAT IS IT? SO WE HAVE A LICENSE TO ACCESS THE PARK CURRENTLY, 'CAUSE A PORTION OF THAT PROPERTY IS OWNED BY THE NEW YORK CITY WATERSHED.

OKAY.

AND SO IF WE MOVE THE ENTRANCE, WE WOULD NO LONGER NEED THAT LICENSE.

OH, WOULD THE, WOULD THE NEW ENTRANCE BE WITHIN THE 14 ACRES? WE'RE, WE'RE, UH, GETTING, YEAH, LOOKS LIKE THAT, IS THAT ENTRANCE, THE YEAH, WHICH ENTRANCE? THE NEW, THE NEW PROPOSED ENTRANCE IS, YOU'RE NOT GOING ACROSS CONED LAND OR ANYTHING? OH, NO, NO.

IT WOULD BE SITUATED, UM, SUCH THAT IT WE'RE ON THIS 14, UH, ENTERING INTO THIS 14.1 ACRES.

OKAY.

OKAY.

QUICK QUESTION.

IS THAT, UH, THE LICENSE THAT A COST TO THE TOWN? NO, I DON'T THINK SO.

UM, YES, I BELIEVE THERE'S A COST ASSOCIATED WITH IT.

WE DON'T KNOW HOW MUCH IT IS AT THE MOMENT.

$10.

UH, SECOND QUESTION, GARY, IS HOW DO THAT PLEASE? OH, HOW, HOW THEY GOING TO ACCESS THAT, UH, UH, THAT DANNY'S FACILITY NEW ENTRANCE? SO, SO IF WE COULD GO TO THE SLIDE, UM, PREVIOUS TO THIS, THE NEW ENTRANCE.

OKAY.

OKAY.

AND IF YOU COULD, UH, ZOOM IN PLEASE.

UM, YES.

GREAT.

SO IN GENERAL, WHAT,

[01:00:01]

WHAT I CAN TELL YOU ABOUT, UM, WHAT I KNOW OF THE SITE AND, AND WHERE THERE'S A FAIR PROBABILITY THAT THAT ENTRANCE POINTS WOULD GO OR NOT GO.

AND I DON'T HAVE A CURSOR HERE, UM, BUT WHERE THE GREEN MEETS THE RED, UM, YOU CAN ANNOTATE THERE.

YEAH.

SO I WOULD SAY DIRECTLY DOWN FROM WHERE, IF YOU GO A STRAIGHT LINE DOWN FROM FILL INSIDE, FILL INSIDE, AND YOU JUST KIND OF RUN THAT LINE DOWN, UM, ON A STRAIGHT LINE DOWN ON THE SCREEN, UM, THERE IS A GOOD GRADE POINT.

THERE'S ACTUALLY A GATE OPENING.

UM, YES.

RIGHT ABOUT THERE.

THANK YOU.

THAT'S, THAT'S, THAT'S JUST ABOUT PERFECT.

UM, THE GRADES ARE QUITE FAVORABLE, AND THERE'S ACTUALLY A GATE OPENING FROM THE RUM BROOK PARK SITE INTO, UH, THE FORMER GOLF COURSE.

I SUSPECT THAT'S WHERE THE NEW, UM, ROADWAY ENTRANCE OFF OF DOBBS FERRY ROAD WOULD CONNECT INTO.

NOW, OBVIOUSLY, IF YOU CONNECT AS IF MATT JUST SHOWED, UM, THAT MIGHT NOT BE FAVORABLE FOR A BALL FIELD, AND THAT'S WHAT THIS MARK, THIS PARK, UH, MASTER PLANNING EXERCISE WILL IDENTIFY, IT WILL TAKE INTO CONSIDERATION, UM, NEW PARK ALLOCATIONS, PARK FEATURES, I SHOULD SAY, AND THE, THE TOPOGRAPHY OF THE SITE.

AND, UM, FROM WHAT COMMISSIONER BURN HAS DESCRIBED TO ME IS HE SEEMS TO BELIEVE A LOGICAL ENTRANCE WOULD COME OFF OF DOBBS FERRY ROAD, KIND OF HOW I HAD IT, UM, ROUGHED OUT IN THAT PRIOR SLIDE, AND THEN HOOK QUITE A BIT TO THE RIGHT.

UM, AND THEN CHASE THE PROPERTY LINE TO THE RIGHT.

UM, AND THEN KIND OF, YEAH, AND THEN KIND OF LOOP OVER AND THEN IN, UM, AND WHAT THAT DOES IS IT WORKS GOOD WITH THE GRADES AND IT MAXIMIZES SORT OF THE FLAT SPOTS OF THE 14.1 ACRES AND MAY JUST BE THE MOST EFFICIENT USE OF LAND FOR PARK PURPOSES.

UM, BUT, YOU KNOW, THESE ARE ALL HYPOTHETICAL AND WILL BE SUBJECT TO FURTHER STUDY.

UM, BUT IN GENERAL, THESE ARE SOME OF THE INPUTS THAT, YOU KNOW, WE MIGHT SEE IN THE FUTURE.

UH, SO THEY, THEY'RE GOING TO INTEGRATE THE BOAT PARK AND DO THE MASTER PLAN FOR THE FUTURE PARK AS WELL AS THE EXISTING, IS THAT THE ENTIRE PARK? ENTIRE PARK, YES.

AND, UM, THE ACTUAL DEVELOPMENT OF THE 14.1 ACRES WILL BE SUBJECT TO, YOU KNOW, MOVING PARTS SUCH AS, UH, ACQUISITION OF GRANTS, UM, YOU KNOW, FUND BALANCE IN THIS HERE ESCROW, UM, AND THOSE TYPE OF THINGS.

UM, AND IT COULD BE PHASED PERHAPS.

UM, I WILL SAY THE DOT, UM, IS VERY MOTIVATED TO CONNECT THESE RAMPS.

UM, AND I BELIEVE THEY ARE DOING WHAT THEY CAN TO GET THIS ON THEIR PROGRAM FOR IMPROVEMENTS.

SO, UM, I THINK I, I FULLY SUPPORT, YOU KNOW, UM, JERRY'S REQUEST HERE, AND I DO THINK THAT IT PUTS US IN THE BEST POSITION TO BE ADAPTABLE OF WHETHER THAT, UM, IMPROVEMENT IS, YOU KNOW, EITHER TWO, THREE OR FOUR YEARS AWAY.

UM, YES.

YEAH.

UH, WOULD THAT BE ANY TRAFFIC CONSULTANTS? BECAUSE IT LOOKS LIKE A LOT OF MOVING PARTS.

UH, WE, UH, THE CLOSING UP THE RAMP, SHIFTING IT TO THE, THE ROAD THAT, UH, TOWN IS USING FOR ACCESS TO PARK DOTD.

SO, OKAY.

SO, SO IT'S GONNA BE, UH, UH, THE CONSULTANTS HAVE A CAPABILITY TO STUDY THAT.

ALL THINGS, NOT JUST THE PARK PART.

IT'S A DOT'S DECISION.

WELL, THE OFFERINGS CAN BE THE DOT'S DECISION.

NO, BUT IT, THEY, THEY CAN, THEY CAN SORT OF GIVE THEIR INPUT INTO IT.

HOW DOES THAT SHOULD BE, OR WHERE IT SHOULD BE? IT COULD BE THAT THE, WELL, AS FAR AS THE SIGNAL ON THE OFF RAMPS, UM, THIS, ALL OF US, THE TOWN, UH, THIS DEVELOPER, UM, THE NEW YORK STATE DOT, HAVE ALL BENEFITED FROM THE ENVIRONMENTAL IMPACT STATEMENT PROCESS.

AND WE'VE LEARNED, YOU KNOW, MUCH ABOUT THE AREA AND THE SITE, UM, AS, AS A RESULT OF THAT PROCESS, UM, AS A RESULT OF THAT IN DOT FURTHER STUDIES, UM, THE, THERE, THERE IS NO DOUBT THAT LINING UP THESE RAMPS AND PUTTING IN A SMART ADAPTIVE TRAFFIC SIGNAL, UM, WILL DO NOTHING BUT HAVE POSITIVE BENEFITS.

SO THERE'S LITTLE TO NO STUDY THERE AFTER THAN, UM, YOU KNOW, JUST CIVIL ENGINEERING TO MAKE SURE THAT, YOU KNOW, UM, RUNOFF IS DONE PROPERLY AND SO ON AND SO FORTH.

UM, BUT YOU ARE CORRECT THAT THE, UH, CONSULTANT THAT IS MASTER PLANNING FOR THIS PARK, UM, SHOULD BE COGNIZANT OF, OF, OF, OF, OF THAT PROSPECT THAT WE HAVE HERE ON THE SCREEN.

UM, AND, YOU KNOW, THEY WILL ABSOLUTELY, UH, I THINK IT WOULD MAKE SENSE TO, UH, SEND DRAFTS OF THEIR MASTER PLAN TO THE DOT, UH, TO GET BUY-IN THAT, FOR INSTANCE, THE, THE NEW DRIVEWAYS SET BACK

[01:05:01]

IN ADEQUATE DISTANCE, UM, FROM THESE PROPOSED IMPROVEMENTS WITH THE POTENTIAL SIGNAL.

SO I DO THINK THERE WILL BE SOME OVERLAP WITH THE DOT, BUT I, I JUST DON'T SEE AN INTENSE LEVEL STUDIES, UH, BEING NECESSARY.

NOW WHAT I SEE IS THAT ACTUALLY WHAT HAS BEEN PROPOSED IS SHIFTING UP A DOT RAMP TO THE ROADS THAT WE USE AND ROADS THAT WE HAVE WOULD BE ON THE OTHER SIDE OF THE PROPERTY, ESSENTIALLY.

THAT'S WHAT'S GOING THE, THE REASON FOR THAT.

YEAH.

I DON'T KNOW HOW OFTEN I, I, I MEAN, I, I, I UNDERSTAND GARRETT, WHAT YOU'RE SAYING IS, BUT I JUST WANTED TO HAVE THEM LOOK AT IT.

SO HOW DOES THE CIRCULATION INTERNALLY WORKS FOR THE TOWN? WELL, THAT'S, THAT'S EXACTLY WHAT THEY'RE GONNA BE DOING.

YEAH.

OKAY.

AND I CAN TELL YOU SOMEONE, SOMEONE WHO TAKES THAT LEFT TURN A LOT, THAT IS A VERY, VERY SCARY LEFT TURN.

NO, I TRAFFIC WALTER.

SURE.

WHEN WE WERE LOOKING AT THE WHOLE DEVELOPMENT AT ELMWOOD, AL CANNON, UH, TOOK A LOOK AT THE TRAFFIC AND HE TOOK A, YOU KNOW, A, A GENERAL, MADE A GENERAL COMMENT ABOUT THE RAMP, AND HE SAID, UH, ALTHOUGH THE RAMP WAS NOT PART OF THIS PROPOSAL, HE TOOK A LOOK AT IT AND HE SAID, THAT CAN ONLY BE AN IMPROVEMENT, PUT A RAMP THERE.

SO HE SAID IT WILL DEFINITELY IMPROVE TRAFFIC.

UH, SO THAT'S A GOOD POINT.

YEAH.

BUT I MEAN, MIKE, MY WHOLE CONCERNS COME FROM THE PROPOSED ENTRANCE TO THE PARK AND PROPOSED ROAD THAT JERRY, I THINK RIGHTFULLY SAYS THAT HOW IT'S GONNA BE, AND IF HE CAN MINIMIZE THE IMPERVIOUS SURFACE OF THE ROAD AS MUCH AS POSSIBLE TO LOCATE THE ENTRANCE ACCORDINGLY.

UH, ACTUALLY THE, THE EASIEST WAY TO MINIMIZE IT WOULD BE MAKE THE ROAD STRAIGHT.

YOU'RE NOT GONNA DO THAT BECAUSE YOU, WELL, LET, LET THE CONSULTANT DO.

NO, BUT YOU, I'M JUST GONNA ANSWER YOUR QUESTION, VERY SIMPLE WHY THEY'RE DOING IT.

THE REASON IS YOU WANNA MAXIMIZE THE USABLE SPACE FOR A FIELD, WHICH IS WHY YOU'RE GOING TO TAKE A LITTLE BIT OF A CIRCUITOUS ROUTE TO GET TO, TO THE BACK OF THE PARK.

OKAY.

ANY OTHER QUESTIONS BEFORE WE MOVE ON ON THIS? OKAY.

I, I'M, ARE WE READY TO TAKE A VOTE ON APPROVING THIS? YEAH.

CAN I HAVE A, CAN I, I HAVE MOTION TO MAKE A POSITIVE RECOMMENDATION FOR THE EXPENDITURE OF THESE FUNDS TO THE TOWN BOARD.

MOVE SECOND, WALTER.

SECOND.

WALTER ETTE.

ALL IN FAVOR? AYE.

AYE.

SORRY.

ALL OPPOSED? OKAY, IT PASSES.

OKAY.

ONE LAST THING.

THANK YOU VERY MUCH.

THANK YOU, GARY.

GARY, UM, CAN YOU, DO YOU HAVE THOSE CHANGES? YOU CAN PASS THAT YES OR NO? I DO.

OKAY.

WHAT, THERE HAS BEEN A PROPOSED MODIFICATION TO THE, UM, LAW FOR SOLAR CELLS, UM, THAT WE'RE GOING TO GO THROUGH NOW.

UM, G GARY CAN GO THROUGH IT, LESLIE, AND IF YOU HAVE ANY COMMENTS ON IT, I THINK YOU'D BE THE FIRST PERSON TO KICK OFF THE COMMENTS GIVEN YOU ARE SO INVOLVED IN WRITING THE LAW.

OKAY.

ARE YOU, AND THIS WAS CIRCULATED BY EMAIL, BUT WE WANTED TO HAND OUT YEAH, I WAS GONNA SAY, HAVING IT IN FRONT OF EVERYBODY WOULD BE A GOOD IDEA.

GARRETT, COULD YOU TAKE US THROUGH FUNDAMENTALLY WHAT THIS YEAH, ABSOLUTELY.

AND THANKS AGAIN FOR THE TIME HERE.

UM, I HAD THE OPPORTUNITY TO SPEAK WITH AARON AND MATT AND THE DEPARTMENT, UH, ABOUT THE, THE SOLAR LOCAL LAW.

AND, UM, WE DID FOCUS ON, ON THE TIER FOUR, WHICH, WHICH JUST AS YOU CAN RECALL, IS THE, UM, SOLAR FARM BASED PORTION OF THE LOCAL LAW.

AND WE, WE DID, WE RAN THROUGH AN EXERCISE WHERE, UM, WE SKETCHED OUT THE, UM, SETBACKS AS THEY'RE CURRENTLY PROPOSED.

AND THEY ARE PROPOSED AT, UH, 100 FEET FROM A PROPERTY LINE.

AND FOR A TIER FOUR SOLAR FARM, THERE'S ALSO A REQUIREMENT FOR A MINIMUM OF FOUR ACRES.

AND IN THIS JUST REALLY, UM, SIMPLISTIC HYPOTHETICAL, IF YOU TAKE A FOUR ACRE SITE AND YOU PLACE A SETBACK ENVELOPE OF A HUNDRED FEET FROM ALL FOUR DIRECTIONS, YOU SIGNIFICANTLY LIMIT THE LAND AREA IN WHICH ONE WOULD BE ABLE TO PUT, UM, SOLAR PANELS.

AND WHEN WE IDENTIFY THAT THESE SOLAR PANELS, UM, MAKE NO NOISE, EMIT NO FUMES, UH, CREATE NO DUST, UM, WE REALLY WERE STRUGGLING TO UNDERSTAND WHAT THAT ACTUALLY ACHIEVED.

UM, THEREFORE WHAT WE'VE PROPOSED IS AN UPDATE TO MAKE THE MINIMUM, I BEL, IS IT, UH, 50 FEET AREA? 50 FEET? YEAH.

YES, THAT'S CORRECT.

50 FEET, 50 FEET, UM, MINIMUM REQUIREMENT, WHICH IS STILL A RATHER LARGE SWATH, BUT WE ALSO DO, UM, RECOMMEND A PROVISION THAT BUILDS IN GREATER FLEXIBILITY, UM, FOR THE APPROVING BOARD TO BRING THAT DOWN TO 10 FOOT IF IT'S WARRANTED BASED ON SITE CONDITIONS

[01:10:01]

SUCH AS TOPOGRAPHY, A GLAND, LANDSCAPING, OR OTHER SITE CONDITIONS.

NOW, YOU MAY SAY TO YOURSELF, WOW, WELL 10 FEET, UM, YOU KNOW, THAT, THAT, THAT SEEMS LIKE A VERY STARK CONTRAST TO THE INITIAL A HUNDRED THAT WE HAD.

BUT IF YOU CONSIDER, UM, A SAMPLE SITE THAT, LET'S JUST SAY A BUTS, UM, YOU KNOW, THE NEW YORK STATE THROUGHWAY OR THE SPRING PARKWAY, UM, THAT ALREADY HAS A BUILT IN LET'S SAY A HUNDRED FOOT SWATH OF, UH, WOODS AND THEN ACTUALLY IS JUST A HIGHWAY AREA, UM, YOU'RE ACTUALLY, YOU'RE REALLY DISCREDITING THE ABILITY OF THAT SITE TO ADEQUATELY HAVE A WELL BUFFERED, UM, SOLAR SYSTEM, UM, IN A MANNER THAT WE JUST DON'T SEE ANY BENEFIT TO THAT.

NOW WE THINK A LARGE MAJORITY OF SITES, UM, YOU KNOW, WOULD, WOULD NOT BE SUBJECT TO A 10.

YOU WOULD NEVER GO DOWN TO 10 FEET.

BUT THERE ARE INSTANCES WHERE WE THINK IT WOULD BE RATHER LOGICAL TO DO SO.

THEREFORE WE SIMPLY FELT IT WAS PRUDENT TO BUILD IN THIS FLEXIBILITY AND, UM, NOT POTENTIALLY EVEN SQUASH PROPOSALS THAT OTHERWISE COULD, YOU KNOW, BE GOOD PROPOSALS.

UM, AND THEN THE ONLY OTHER CHANGE THAT WE, WE RECOMMEND, UM, IS WITH RESPECT TO LANDSCAPING.

UM, AARON FELT THAT THE 25 FOOT LANDSCAPING, UH, SWATH BUFFER WAS ADVISABLE.

AND WE, WE, WE, WE ALL AGREE WITH THAT, BUT IN THE SPIRIT OF THE EXAMPLE I JUST GAVE, WHERE YOU COULD BE ABUTTING A HIGHWAY, UM, OR SOME OTHER FEATURES LIKE THAT, UM, YOU MAY NOT NEED THAT 25.

SO TO MAKE A SOLAR INFRASTRUCTURE DEVELOPER, YOU KNOW, SPEND A HUNDRED THOUSAND DOLLARS ON, YOU KNOW, 400 FEET, 25 FOOT SWATH OF EVERGREENS, WHEN YOU'RE REALLY JUST BUFFERING IT FROM A HIGHWAY AS AN EXAMPLE, UM, WE JUST REALLY WOULD HAVE THAT MONEY GO SOMEWHERE ELSE.

AND, AND YOU KNOW, THAT THAT'S, THAT'S REALLY THE ESSENCE OF THE CHANGES THAT WE'RE PUTTING TO THE TABLE TONIGHT.

I HAVE ONE QUESTION.

THANK YOU, GARY.

THE 25 FOOT LANDSCAPING BUFFER, CAN THAT BE WITHIN THE SETBACK? YES.

OKAY.

NOW IT MUST BE, AND THAT WOULD BE THE INTENT, RIGHT? OKAY.

THE, THE ONLY THING I WAS GONNA ADD TO THE COMMISSIONER'S, UH, PRESENTATION WAS THAT IN BOTH INSTANCES, THE RELAXING OF EITHER THE SETBACK OR THE VEGETATED BUFFER WOULD BE SUBJECT TO, UH, RECOMMENDATION FROM THE PLANNING BOARD TO THE DOWN BOARD.

TO THE DOWN BOARD.

YEAH.

A POSITIVE I THINK WE SHOULD POSITIVE RECOMMENDATION, RIGHT? SO IT WOULD GET REFERRED AND THIS BOARD WOULD NEED TO ISSUE A POSITIVE RECOMMENDATION UNLESS HE GOES FIRST, SINCE SHE WOULD WORK ON WRITING IT.

I DO WANT TO RESPOND TO THAT.

SO THERE IS THE ACTUAL CHANGING OF THE CODE OR, OR THE DRAFT OF THE CODE FROM A HUNDRED FOOT DOWN TO 50.

AND THEN ALSO ON TOP OF THAT, IF SOMEONE WANTS TO REDUCE IT FURTHER, THEY WOULD COME BEFORE US.

IS THAT CORRECT? YEAH, THAT'S CORRECT.

SO MY ONLY, UM, AND, AND, AND I AGREE WITH WHAT GARRETT IS SAYING, IF IT'S ALREADY BUILT IN, IN SOME LOTS THAT PEOPLE MIGHT POSSIBLY USE FOR IT BECAUSE THEY'RE ABUTTING A HIGHWAY OR SOMETHING, THIS IS REDUNDANT, IT DOESN'T NEED TO BE.

SO I GET THAT.

THE ONLY THING THAT I WOULD ALSO LIKE TO ADD OR SEE IF WE CAN ADD, UM, WHEN WE TALK ABOUT SETBACKS, WE'RE TALKING ABOUT ALL FOUR SIDES, RIGHT? IF THERE'S A WAY FOR US TO NOT HAVE THE SETBACK APPLY, UM, THAT WAY.

SO, YOU KNOW, SETBACKS, ORIGINALLY WHEN I LEARNED ABOUT SETBACKS, WE WERE TALKING ABOUT SOLAR AND BUILDING FIRE DEPARTMENT, BEING ABLE TO GET UP THERE AND HAVING ENOUGH SPACE.

WHEN WE'RE TALKING ABOUT SETBACKS FOR, THAT'S HOW I FIRST LEARNED, SET THE WORD SETBACK.

NO, THAT'S WHAT I THINK OF TOO.

YOU THINK OF AN ENVELOPE.

YEAH.

RIGHT? YEAH.

SO DOES IT NEED TO BE, BECAUSE EVEN FORGETTING BEING BUTTING UP AGAINST A HIGHWAY, WE'RE JUST GOING TO, WE ALWAYS USE THE NEW YORK DEATH SCHOOL.

IF THEY WERE DOING IT, WOULD IT NECESS LIKE ONE SIDE OF A, OF A LOT MIGHT NEED A HUNDRED FEET, BUT THE OTHER SIDES DON'T BECAUSE THERE'S NOBODY THERE.

SO DO WE NEED TO DO A SET, DO WE NEED TO SAY THAT THE SETBACK HAS TO BE ANY AMOUNT OF FEET ON ALL FOUR SIDES? WE, OR CAN WE MAKE WE WE DO THAT IN SOME OF THE SELLING LINES? WELL, MAY BE, BUT I DON'T THINK I, I DON'T KNOW IF I'M, I'M, I I DON'T, NO, LET, LET EXPLAIN.

SO WHAT ARE YOU SAYING? WAIT, LET, LEMME JUST, THE PROPERTY COULD HAVE THREE SIDES, FOUR SIDES.

I GET YOUR POINT.

I MEAN, I ASSUME THE APPLICANT CAN COME IN AND SAY, LOOK, 50 FEET HERE IS FINE, 50 FEET HERE IS FINE, BUT WE NEED 10 FEET SET BACK HERE BECAUSE IT'S RIGHT NEXT TO THE HIGHWAY.

IT DOESN'T HAVE TO BE THE ENTIRE PERIMETER.

IT COULD BE A PORTION AND THAT WOULD BE PART OF THE APPLICATION.

THAT WOULD BE VARIANCE.

YEAH.

SO THEY WOULD HAVE THAT'S ABSOLUTELY CORRECT.

IT'S A CASE BY CASE BASIS.

AND THEN ON EACH CASE, YOU'RE ABSOLUTELY RIGHT.

IT COULD BE WARRANTED THAT, UM, GOING BELOW 50 IS, IS IS NOT WARRANTED IN, IN ALL, ALL FOUR SIDES.

OR IT COULD BE JUST ONE SIDE THAT, UM, IS NOT SENSITIVE AT ALL AND

[01:15:01]

A BOARD WOULD BE INCLINED TO GO DOWN TO 10 FEET.

UM, THERE'S NO MANDATE TO, UM, BE ALL OR NOTHING IN TERMS OF GRANTING, UH, REDUCTIONS.

IT COULD BE ONE, NONE, TWO, THREE, OR FOUR.

LEMME ASK YOU.

I, I THINK I WANTED TO SAY IF WE CAN WRITE IN THE CODE, JUST, AND THIS IS IN THE INTEREST OF MAKING IT EASIER, THAT IF YOUR PROPERTY DOES NOT HAVE X, Y, AND Z, THEN WE ARE ONLY REQUIRING YOU TO HAVE SUCH A SETBACK AND YOU CAN MOVE FORWARD.

SO IF THEY SEE THAT FOUR SIDES OF THEIR PROPERTY, THERE'S NOBODY THERE, THEY CAN REDUCE THE SETBACK.

I DON'T THINK THAT THIS SO WORKS.

I TELL WHY? 'CAUSE YOU DON'T KNOW WHAT'S GONNA HAPPEN NEXT DOOR IN THE FUTURE.

OKAY, THAT'S, YOU WANT THEM TO COME HERE SO YOU CAN CHECK IT NOW, LESLIE, I LOVE YOUR IDEA.

IT'S ACTUALLY BUILT SOMETHING LIKE THAT'S ACTUALLY BUILT INTO OUR CODE ON SIDE YARD SETBACKS.

CURRENTLY, FOR EXAMPLE, IF YOU GO, YOU'RE IN AN R 10 ZONE, RIGHT? MM-HMM.

, YOU COULD BE UP TO IT AS CLOSE TO FIVE FEET ON ONE SIDE, BUT YOU DID A TOTAL OF 14, OR I THINK IT IS R FIVE AND THE R FIVE ON BOTH SIDES TOTAL.

SO IT'S BEEN, IT'S EIGHT AND 12.

IT COULD MOVE IT OVER THIS.

SO YEAH, SOMETHING REDUCES IT DOWN THE FRONT IN THE REAR ARE MORE THE CONCEPT.

THE CONCEPT IS ACTUALLY AN ADDITIVE CONCEPT WITH A MINIMUM.

I LIKE THE IDEA OF THE FLEXIBILITY.

I LIKE THE IDEA AND I THINK IT'S CREATED THAT WE CAN USE IT THAT WAY OF LIKE, WHY DO I, THIS ISN'T A BATTERY STORAGE WHERE I'M WORRIED ABOUT THE THING EXPLODING.

OKAY? THE THESE ARE SAFE, REASONABLY SAFE, RIGHT? SO IS THERE ANY RE WHY DO WE EVEN NEED IT MORE THAN 10 FEET FROM A BUILDING PLUS PEOPLE? WELL, NO, NO, I'M ASKING THE QUESTION.

YOU, YOU WROTE THE NO, LET HIM LET HER, SHE WROTE THE HELP WRITE THE WHAT? YES.

YOU TELL ME WHY YOU NEEDED MORE THAN 10 FEET FROM THE BUILDING.

I'M JUST ASKING.

WELL, FIRST OF ALL, ACCESSIBILITY, RIGHT? SO YOU'RE GONNA NEED PEOPLE TO BE ABLE TO GET 10 FEET IS NOT EVEN THIS, REMEMBER THIS IS NOT, THIS IS NOT, THIS IS A, A PLACE WHERE PEOPLE WILL NEED TO GO IN AND OUT, RIGHT? MAINTEN, THAT'S TRUE.

SO YOU, YOU'RE GONNA NEED THAT.

BUT ALSO ON THE AESTHETIC SIDE, DEPENDING ON WHERE THEY ARE, THAT OKAY, THESE, HE'S DRAWING PICTURES OF ME.

DON'T, DON'T LET HIM, DON'T LET HIM.

I'LL EXPLAIN WHAT IT LOOK LIKE FROM HERE.

I DUNNO.

PUT THAT IN THE RECORD.

UM, WHICH WE ARE TALKING TIER FOUR.

YEAH.

RIGHT? AND, AND THAT'S REALLY WHAT THE BIG DEAL IS.

AND WE'RE TALKING TIER FOUR, WE'RE TALKING ABOUT THEM.

WE'RE TALKING ABOUT THE BUFFERS THAT NEED TO BE AROUND IT, RIGHT? WE'RE TALKING ABOUT NOT HAVING IT VISIBLE.

SO LIKE THE 10 FEET FOR TIER FOUR MM.

THAT'S WHAT I'M ASKING.

WELL, I'M, BUT, BUT IF IT'S AGAINST THEIR BUILDING, LET'S SAY IT'S IN THE BACK OF THEIR, THEIR OF WAREHOUSE, DO WE REAL, DO THEY STILL HAVE ACCESS OF THREE SIDES? YOU MAY WANNA HAVE, BY THE WAY? NO, YOU MAY, YOU NEED FOUR SIDES OF ACCESS.

YOU, WHY DO THEY NEED FOUR SIDE OF SIDES OF ACCESS? YEAH, BUT CAN I, CAN I SAY SOMETHING? BECAUSE YOU DON'T HAVE ACCESS INSIDE THE FENCE.

YEAH.

ANYWAY.

YEAH, I THINK SHE'S RIGHT.

BUT I THINK, UH, UH, THAT'S WHAT I, I THANK YOU FOR ANSWERING THAT.

COR I NARROW THE ANSWER.

I AGREE.

UH, BECAUSE WHAT SHE'S SAYING IS THAT WE PUT OUT A LANGUAGE THAT REALLY RATHER ENCOURAGING IT AND WE'VE BEEN VERY, UH, CONSERVATIVE IN YOUR WORDS TO REALLY LOOK AT IT AND PEOPLE WILL SORT OF SHY AWAY FROM DOING IT.

SO I AGREE WITH YOU.

IF DANNY'S LA WITH SORT OF LIKE A NOT COMFORTABLE, MAKE IT A 15 OR 20, RIGHT? 15 IS ARBITRARY.

THAT'S IF ACCESS AND THAT'S IMPORTANT.

IF ACCESS IS THE ISSUE AND YOU THINK YOU NEED, I DON'T KNOW WHY YOU'D NEED ACCESS ON ALL FOUR SIDES.

I DON'T UNDERSTAND THAT.

BECAUSE IF YOU HAVE ACCESS WITH, YOU NEED ACCESS WITH INSIDE THE FENCE, INSIDE, INSIDE THE FENCE, BUT NOT OUTSIDE THE FENCE.

YOU DON'T, THE FOOTPRINT INCLUDES THE FENCE, RIGHT? YES.

NO, THE FOOTPRINT INCLUDES THE FENCE OR, OR JUST THAT.

I DON'T KNOW THAT THE ANSWER TO THIS.

WHAT WHAT DO YOU MEAN PROPERTY LINE? IT SAYS CLEARLY PROPERTY LINE.

YOU KNOW, YOU, I I AM TOTALLY LOST.

ARE WE AGREE THAT REDUCTION FROM A HUNDRED TO 50 YES.

WITH AN OPTION FOR 10 MAKES SENSE? YES.

EVERYBODY'S AGREED.

OKAY.

WHAT IS THE ISSUE? WE'RE NOT NO, DES NOT WHAT SHE IZED BECAUSE SHE SAID TENT.

IT'S A GOOD QUESTION.

IT'S A GOOD QUESTION.

THE REASON I AGREE WITH YOU, THE QUESTION I HAD ASKED IS 10 FEET IS 10.

10 BECAUSE OF WHAT LESLIE SAID IS 10 FEET.

OKAY? AND MAYBE I NEED TO READ THIS AGAIN.

I'M SORRY.

BECAUSE THAT'S THE 10.

IF, IF LOOK, IF, IF, IF, IF WE'RE, IF WE'RE WONDERING ABOUT HOW MANY FEET ARE NEEDED FOR ACCESS TO THE PANELS, YEAH.

THE APPLICANT IS GOING TO KNOW THE ANSWER TO THAT.

WELL, THE 10 FEET AND THE 50 FEET, THAT IS FOR ENVIRONMENTAL AESTHETIC REASONS TO PROTECT ADJOINING PROPERTY OWNERS.

WE'RE NOT SPECIFYING THOSE FEE EM FOR IT'S FOR EMERGENCY.

IT'S ALSO FOR EMERGENCY.

WELL, THAT'S

[01:20:01]

DIFFERENT.

I MEAN, THEY'LL PUT IN A PLAN AND IF A FIRETRUCK IS, YOU KNOW, 12 FEET WIDE AND THEY CAN'T GET IN, THEY'LL LET US KNOW.

THAT'S A WHOLE SEPARATE ISSUE.

BUT ACCESS, YOU'RE RIGHT ABOUT THAT, MIKE.

THE APPLICANT KNOWS THEY WILL AND WHETHER IF THEY NEEDED ROLLS DOWN THE MIDDLE OF THE PANELS, THAT'S GONNA BE SOMETHING THAT THEY'RE GOING, DIDN'T HAVE TO ACCESS ALL THE PANELS.

LEAVE, LEAVE THE DISCRETION OF TENANT'S EXACTLY WHAT WE DID ON, ON THE BATTERY STORAGE.

RIGHT? WE ARE MORE OF AN ISSUE IN BATTERY STORAGE FROM A SAFETY POINT OF VIEW.

HEY FOLKS, IS THERE, IS THERE ROOM FOR A VARIANCE FOR NO SETBACK AT ALL? IS THAT A POSSIBILITY? SO THE WAY THAT WOULD WORK IS IT WOULD DEFAULT TO THE ZONING BOARD IF ONE SOUGHT TO GO LESS THAN 10.

UH, THE DIMENSION PROVING WORK WOULD NOT HAVE THAT FLEXIBILITY.

IT WOULD HAVE TO BE THE ZONING BOARD OF APPEALS.

WELL, WHAT WOULD HAPPEN IS IT WOULD COME TO, BECAUSE THE LAW HAS WRITTEN WITH THE 10 FOOT SET.

NO, THAT'S NOT THE REASON.

THAT'S NOT THE REASON.

THE REASON IS ANYTIME YOU HAVE A DIMENSIONAL CRITERIA ON A SPECIAL PERMIT THAT YOU CAN GET A VARIANCE FROM THE ZONING BOARD.

YES, IT'S TRUE.

WOULD COME HERE FIRST FOR RECOMMENDATION AND THEN GO TO THE ZONING ZONING BOARD FOR APPROVAL.

THAT'S HOW THAT VARIANCE WOULD WORK.

MM-HMM, .

ALL RIGHT.

VERY GOOD.

THE REASON WHY I ASK IS BECAUSE I SEE THESE, UH, SOLAR PANELS OR SOLAR COVERINGS AS POTENTIAL FOR, UH, OF SORTS COVERED PARKING AND THE, LIKE COVERED PARKING.

SO IF IT'S ACTUALLY AFFIXED TO A BUILDING, THERE NOT A POSSIBLY WOULDN'T BE ANY HARM.

I'M SORRY, WE'RE TALKING.

SO TIER FOUR IS, IS THE SOLAR FARMS. WHEN WE'RE TALKING ABOUT IES, YOU'RE TALKING ABOUT CANOPIES AND SO THAT'S ANOTHER WE, WE DID COVER THAT.

YEAH.

YEAH.

I HAVE MY TEARS MIXED UP.

YOU'RE GOOD.

OKAY, THANK YOU.

NO TEARS.

IT'S OKAY.

SO MY QUESTION HAD TO DO WITH THE LANGUAGE REGARDING THE POSITIVE RECOMMENDATION.

WOULD THE TOWN BOARD BE ABLE TO OVERTURN THAT WITH THE SUPER MAJORITY AS IT USUALLY WOULD? IT SHOULD BE THAT WAY, RIGHT? SO DO WE NEED TO PUT THAT, CAN YOU MAKE SURE THAT'S IN THERE, GARRETT? NOT NECESSARY.

JUST THAT, THAT OH, I THINK IT'S NECESSARY.

THEN WHY DO WE HEAR IT IF, IF WE DON'T HAVE, HAVE SOME LEVERAGE? I TOLD THAT'S AUTOMATIC.

THAT'S AUTOMATIC.

NO, IT IS NOT.

SHE'S RIGHT.

THERE'S ONLY CERTAIN THINGS THAT WE, THERE'S CERTAIN RECOMMENDATIONS THAT WE HAVE A SUPER MAJORITY, BUT IT'S NOT ALL OF THEM IN THE CODE.

HE'S RIGHT.

YOU HAVE TO ADD IT.

YOU'D HAVE TO ADD IT TO THIS TO I'M JUST ASKING BECAUSE I THINK IT SHOULD BE.

YES.

SO I HAVE, ALRIGHT, I'M SORRY TOT EXPLAIN IT TO ME.

IF YOU COULD EXPLAIN IT.

TYPICAL, TYPICALLY IN, IN CERTAIN CASES, THE ATTORNEY, LIKE FOR EXAMPLE, WHEN WE RECOMMEND A LAW TO THE THIS, TO THE TOWN BOARD, ONCE WE MAKE A, IF WE MAKE A POSITIVE RECOMMENDATION, THEY NEED FOUR OUT OF FIVE OF THE TOWN BOARD MEMBERS.

NOT JUST A SIMPLE MAJORITY TO OVERCOME OUR RECOMMENDATION.

BUT IT'S NOT TRUE EVERY PLACE IN THE CODE.

I CAN'T QUOTE WHAT PARTS OF THE CODE IT IS IN.

SO YOU NEED TO PUT IT SPECIFICALLY IN THE LAW THAT IT WOULD REQUIRE A MAJORITY TO OVERTURN THE RECOMMENDATION OF A PLAN REPORT.

THAT'S ALL IN THIS CASE.

IN, IN THIS CASE, YEAH.

I'M JUST ASKING BECAUSE THIS IS NEW LANGUAGE THAT TALKS ABOUT A POSITIVE RECOMMENDATION.

YEP.

NO, THAT'S A GOOD POINT.

IT ISN'T CONSISTENT THROUGH OUR CODE.

IT SHOULD BE, BUT IT'S NOT, I MEAN WHAT, SO DO WE HAVE PROS AND CONS? UH, I THINK YOU COULD ASK THE TOWN BOARD WHAT THEY THINK THE, THE CONS ARE, BUT, BUT FOR US, I THINK WE WANT TO BE ABLE TO HAVE MORE THAN JUST A, A PAPER RECOMMENDATION.

I THINK THEY, OUR INFLUENCE HAVE SOME INFLUENCE.

YEAH, EXACTLY.

AND SO WE'RE LOOKING FOR MAJORITY, NO, WE'RE LOOKING FOR, FOR IT TO BE A SUPER MAJORITY SUPER.

IF YOU GO DOWN TO THE 10 FEET, NO, NO, NO.

OUR RECOMMENDATION ON THE SPECIAL PERMIT, ALL SPECIAL PERMITS WILL END UP COMING TO US OR RECOMMENDATION TO GO BACK TO THE TOWN BOARD, RIGHT? MM-HMM, OUR RECOMMENDATION SHOULD HOLD WEIGHT.

THEREFORE IF WE GIVE IT A POSITIVE RECOMMENDATION OR A NEGATIVE RECOMMENDATION TO OVERCOME OUR RECOMMENDATION, IT SHOULD BE A SUPER MAJORITY OF THE TOWN BOARD.

OKAY.

I AGREE WITH THAT.

AND THAT SHOULD BE TRUE OF THE A DU LAW.

I THINK OF ALL UNDER LAWS AND BECAUSE WE'VE HAD UNDERLYING COMMITTEES ON THIS, RIGHT? AND WE'VE, WE WORK ON THESE THINGS ALL THE TIME.

THAT'S WHY THEY REFER 'EM TO US IN THE FIRST PLACE.

SO WE SHOULD HAVE, WE SHOULD CONTINUE TO HAVE THAT WEIGHT.

WE DO IN MOST CASES, BUT NOT ALL CASES GO WHAT IS A SUPER MAJORITY OF THE TOWN BOARD.

FOUR OUT OF FIVE.

FOUR OR FIVE.

ONE IN FIVE INSTEAD OF THREE.

FIVE INSTEAD OF THREE.

OH, NOT THE 60 40.

NO, IT'S MY, MY PERSONAL RECOMMENDATION IS TO, UH, EMPLOY THE SUPER MAJORITY, UH, LANGUAGE ON THE REFERRAL FOR THE ACTUAL OVERLAY ZONE.

I THINK IT'S EXTREME TO DO THAT FOR A DIMENSIONAL REQUIREMENT.

THAT'S, THAT'S OKAY.

YEAH.

BUT THE I AGREE.

WE TOOK, YEAH, WE'D PROBABLY, WE'D BE DEALING WITH IT PROBABLY AT THE SAME TIME ANYWAY.

WE'D MAKE A COMMENT.

IT'LL PROBABLY BE IN THE SAME RECOMMENDATION ANYWAY.

GARRETT MOSTLY COME BACK.

RIGHT? OKAY.

OKAY.

SO WE GONNA VOTE ON THIS.

DO WE WANNA VOTE ON THIS? YES, I THINK, I MEAN, I'M, WE'RE, I'M, WELL, YOU COULD MAKE A, ACTUALLY YOU SHOULDN'T MAKE THE MOTION

[01:25:01]

SINCE YOU, YOU CAN VOTE ON IT, BUT LET WELL, THANK YOU.

BUT LET SOME SOMEBODY ELSE MAKE THE MOTION.

ME? NO, NO.

WELL YOU LAID IT OUT VERY WELL EARLIER.

.

WHAT'S THE MOTION? MOTION IS TO AMEND TO AS WRITTEN TO RECOMMEND AMENDMENT.

RECOMMEND AMENDMENT AS PROPOSED.

PROPOSED.

OKAY.

I'LL MAKE THE, I'LL MAKE THE MOTION.

RECOMMEND THE AMENDMENT AS AS PROPOSED, WHICH IN SUMMARY REDUCES A HUNDRED TO 50 FEET WITH AN OPTION TO 10.

YES.

AND THEN THERE'S A LITTLE THING OF A JIG ABOUT THE, UH, LANDSCAPING.

LANDSCAPING, LANDSCAPING BUFFER REDUCING DOWN FROM 25.

THAT'S WHAT I WAS ABOUT TO SAY.

YOU WERE, I HEARD YOU SAY IT.

SECOND.

SECOND.

IS WALTER ALL IN FAVOR? AYE.

AYE.

OPPOSED? I'M OPPOSED.

.

OKAY.

WHAT OPPOSED, OKAY.

YEAH, I'M OPPOSED.

YOU WANT TO ELABORATE CHARACTERS.

I DON'T WANT SOLAR FARMS IN GREENBERG.

OH, GREENBERG PRIDES ITSELF ON ITS TREES.

ITS GREENERY.

I DON'T WANT TO FIND THAT.

SUNNYDALE GOLF COURSE SHUTS DOWN ONE DAY AND WE'VE GOT 15 ACRES OF SOLAR PANELS.

YOU KNOW THAT I HAVE TO DRIVE BY EVERY, I I DON'T WANT SOLAR FARMS. I DON'T THINK WE NEED IT.

UM, I'LL, I'LL SEND YOU MY UH, 150 PAGE THESIS BECAUSE YOU MADE THE MOTION THESIS.

I KNOW.

THAT IS VOTING AGAINST INTERESTING.

HE FORCED ME TO MAKE A MOTION.

, HE INTIMIDATED ME.

WHEN YOUR TESLA RUNS OUTTA, I DON'T HAVE TO VOTE FOR MY TESLA RUNS OUTTA, I DON'T HAVE TO VOTE FOR I DON'T HAVE A TESLA.

WHEN YOUR TESLA RUNS OUTTA ARE WE STILL RECORDING? I DON'T HAVE A TESLA.

OKAY.

WE ARE STILL RECORDING.

RECORDING THE MEETING.

YEAH.

THAT'S, THAT'S THE END OF MEETING GUYS.

THANK YOU.

HAVE A VERY GOOD HO HOLIDAY.

WE'LL SEE YOU.