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[00:00:03]

PROGRESS.

[ TOWN OF GREENBURGH ZONING BOARD OF APPEALS AGENDA THURSDAY, January 23, 2025 – 7:00 P.M. ]

YES.

UM, THIS IS THE, UH, ZONING BOARD FOR APPEALS.

COULD WE HAVE A CALL FOR THE BOARD ATTENDANCE? OKAY.

MADAM CHAIR, I BEGIN.

ROLL CALL EVE.

BUNTING SMITH HERE.

CHRISTIE NECK HERE IS PRESENT.

LOUIS CRITCHLOW? I DO.

OKAY.

DIANE HUBER LEE HERE.

OKAY.

WILLIAM BLAND IS ABSENT.

SHAUNA JENKINSON HERE.

OKAY.

MADAM CHAIR, THAT CONCLUDES OUR ROLL CALL.

THANK YOU.

THIS IS A SPECIAL MEETING OF THE ZONING BOARD OF APPEALS FOR THE TOWN OF GREENBURG.

NOW COME TO ORDER.

WE HAVE ONE CASE SCHEDULED FOR TONIGHT'S MEETING.

LOOKING FORWARD, THE ZONING BOARD WILL HAVE OUR NEXT REGULAR MEETING ON THURSDAY, FEBRUARY 13TH.

PLEASE MARK YOUR CALENDAR ACCORDINGLY.

IF WE CAN'T COMPLETE THIS CASE, HEARING THAT THIS EVENING, IT'LL BE ADJOURNED TO ANOTHER MEETING TO BE COMPLETED AT THAT TIME, AS IN THE PAST.

UM, I WILL SKIP THE FACT OF READING THE PROPERTY LOCATION AND THE RELIEF SOUGHT.

HOWEVER, THE REPORTER WILL INSERT THAT INFORMATION IN THE RECORD.

THIS INFORMATION ALSO APPEARS IN THE AGENDA FOR TONIGHT'S MEETING.

AFTER, AFTER THE PUBLIC HEARING OF TONIGHT'S CASE, THE BOARD WILL NEED TO DISCUSS THE CASE.

HOWEVER, EVERYONE WHO IS HERE IS ABLE TO LISTEN TO ANY DELIBERATIONS THAT WE MIGHT HAVE.

HOWEVER, THE PUBLIC WOULD NOT BE PERMITTED TO SPEAK OR PARTICIPATE.

UM, IF YOU'RE GOING TO SPEAK THIS EVENING, YOU MUST COME UP TO THE MICROPHONE.

STATE YOUR NAME AND ADDRESS FOR YOUR OR YOUR PROFESSIONAL AFFILIATION.

WE'VE HEARD TESTIMONY AT WELL PRIOR MEETINGS.

OBVIOUSLY, ALL PRAYER TESTIMONIES IN THE RECORD SHOULD NOT BE REPEATED.

THANK YOU.

AND THE CASE TONIGHT IS CASE 2321, FAIL INDUSTRIES.

MADAM CHAIR, FOR THE RECORD, ENGINEERING FIRM PSNS HAS BEEN ENGAGED BY THE ZONING BOARD, AND THEY ARE HERE TO, UM, SPEAK TO THEIR FINDINGS.

AND I'M GONNA TURN IT OVER TO BRIAN MCPEAK OF PSNS.

THANK YOU.

GOOD EVENING.

THANK YOU.

GOOD EVENING.

UM, MADAM CHAIRMAN, MEMBERS OF THE BOARD, UM, MY NAME'S BRIAN MCPEAK.

UM, I AM A, UH, VICE PRESIDENT AT, UH, PSNS.

UM, AND I'VE, UH, BEEN PRACTICING AS A, UH, PLANNER, UH, IN THE REGION FOR ABOUT 30, 32 YEARS NOW.

UM, UH, AS, UH, TOWN ADMINISTRATOR INDICATED, UH, WE WERE RETAINED, UH, BY THE BOARD, UH, TO REVIEW, UH, THE SPECIAL PERMIT REGULATORY REQUIREMENTS ASSOCIATED WITH, UH, UH, THIS APPLICATION.

UM, AND WE, UH, HAVE BEEN, UH, DILIGENTLY PURSUING THAT SINCE, UH, JUNE OF, UH, OF LAST SUMMER.

UM, WE, UH, WILL PRESENT TONIGHT, UM, UH, TO THE BOARD, UH, SOME DISCUSSION OF OUR, UH, OF OUR EFFORTS AND OUR FINDINGS.

UH, AND, UM, OF COURSE, WE'RE HERE TO, UH, ANSWER QUESTIONS AND, AND, UH, UH, UH, MAKE ANY PRESENTATIONS THAT YOU MAY, UH, MAY REQUEST OF US, UM, IN THE COURSE OF, OF EXECUTING YOUR TASKS.

UH, LET ME JUST INTERJECT.

WE DO HAVE ANOTHER MEMBER OF THE BOARD WHO JUST ARRIVED.

SORRY, BEING TARDY.

SO WE WANTED TO HAVE THE RECORD KNOW THAT HE WAS HERE TO HEAR WHAT YOU HAVE TO SAY.

OF COURSE.

WELCOME, MADAM SECRETARY.

COULD YOU, UH, OKAY.

TO GO BACK TO OUR ROLL CALL? YES, PLEASE.

OKAY.

CURRENTLY WE HAVE EVE BUNTING SMITH AS PRESENT.

CHRISTIE NECK AS PRESENT.

LOUIS KLOW AS PRESENT.

DIANE HUBLEY AS PRESENT.

WILLIAM BLAND.

PRESENT.

OKAY, MS. PRESENT.

AND SHAUNA KINSON AS PRESENT.

THAT CONCLUDES OUR ROLL CALL MAD CHAIR.

THANK YOU.

YES, THANK YOU.

THANK YOU, MADAM CHAIR.

CONTINUE, PLEASE.

UM, AS, AS PART OF THOSE EFFORTS, UH, OF COURSE WE FAMILIARIZE OURSELVES WITH, UM, UH, THE TOWN'S, UM, ELEMENTS OF THE TOWN ZONING ORDINANCE.

UH, WE VISITED THE SITE OF, UH, OF THE APPLICATION ON TWO OCCASIONS.

FIRST ON JUNE 27TH,

[00:05:01]

UM, IN THE PRESENCE OF, UH, SOME TOWN STAFF AS WELL AS, UH, REPRESENTATIVES OF THA INDUSTRY.

AND AGAIN, ON AUGUST 28TH, UH, WITH ESSENTIALLY THE SAME PEOPLE PRESENT.

UM, IN, IN THOSE, UH, SITE, UH, VISITS, WE, WE SOUGHT TO, UH, UNDERSTAND A GENERAL OVERVIEW OF HOW THE FACILITY OPERATES.

UM, AND, UH, WERE, UH, UH, LED THROUGH THAT BY SALE, UH, AT A, AT A LEVEL OF DETAIL THAT WAS, UH, FRANKLY, UH, FULL OPEN AND, UH, VERY DIRECT ABOUT HOW THEY OPERATE.

UM, THE SECOND MEETING, WE FOCUSED A LITTLE BIT MORE ON SOME OF THE OPERATIONS, SOME OF THE REGULATORY COMPLIANCE EFFORTS THEY WERE MAKING, UH, ACCESS CONSIDERATIONS.

AND, UH, YOU KNOW, SOME OF THE, UH, UH, SOME OF THE ELEMENTS OF THE SITE, UH, THAT WERE NOT EXACTLY CLEAR TO US ON THE FIRST VISIT.

UM, WE RECEIVED AND REVIEWED ABOUT 30 DOCUMENTS, UH, UH, A WEALTH OF INFORMATION, FRANKLY, UH, INCLUDING TESTIMONY THAT WAS PRESENTED TO THE BOARD PREVIOUSLY LAST YEAR.

UH, APPLICATION MATERIALS FOR THE SPECIAL PERMIT, UH, THEIR SWIP INFORMATION, UH, AS WELL AS THEIR, UH, UH, OTHER PERMITS FROM, UH, FROM DEC AND WEST AND WESTCHESTER COUNTY.

UM, BASICALLY OUR REVIEW, UH, FROM, FROM MY PERSPECTIVE AT LEAST, WAS, UH, BASED ON, UH, AN APPLICATION OF SOUND PLANNING PRINCIPLES, ENGINEERING PRINCIPLES.

UM, AND I BELIEVE, UH, WITH FOCUS TOWARDS EVERYONE'S INTERESTS IN THE PROTECTION OF, OF PUBLIC SAFETY, PUBLIC HEALTH, THE ENVIRONMENT, UH, AND CONSIDERATION OF, UH, SALES INDUSTRY, UH, FAIL INDUSTRIES, FACILITY OPERATIONS, UH, AS WELL AS, UH, UH, SURROUNDING, UM, USES SURROUNDING ACTIVITIES, INCLUDING BUT NOT LIMITED TO, THE ANIMAL SHELTER, THE BIKE PATHS, OTHER ADJOINING PROPERTIES, UH, POTENTIAL EFFECTS TO SAWMILL RIVER, UH, AND, UH, WITH AN EYE TOWARDS ALSO ACTIVITIES ON WAREHOUSE LANE SOUTH AND WAREHOUSE LANE, UH, MOTOR VEHICLE TRAFFIC.

UM, UH, MY COLLEAGUE HERE, UM, YANOS WILL INTRODUCE, INTRODUCE HIMSELF MORE FULLY.

UM, UH, HE'S THE ENGINEER OF THE TEAM, UH, AND A LOT OF THE ISSUES HERE ARE ENGINEERING RELATED.

UH, SO HE'S GONNA GO INTO SUBSTANTIALLY MORE DETAIL THAN I JUST DID.

UH, BUT, UH, WE'RE BOTH HERE TO, UH, UH, PRESENT OUR FINDINGS.

AND, UH, AND OF COURSE I'LL BE AVAILABLE TO ANSWER FURTHER QUESTIONS, BUT FOR NOW, I'LL, I'LL HAND IT OVER TO MY COLLEAGUE, YANUS.

THANK YOU, BRIAN.

GOOD EVENING, ALL.

THANK YOU FOR YOUR TIME.

I'M YOUR HONORS.

I'M A NEW YORK STATE LICENSED PROFESSIONAL ENGINEER.

I'VE BEEN IN THE FIELD FOR APPROXIMATELY 30 YEARS.

I'M ALSO A VICE PRESIDENT OF PSNS.

MY CORE FOCUS IS ON ENVIRONMENTAL AND GEOTECHNICAL ENGINEERING PROJECTS, AS WELL AS CIVIL PROJECTS.

UM, AT PSNS, I ALSO WEAR A SAFETY HAT, SO I'M WEARING A QUICK SAFETY MOMENT.

IT IS WINTER.

HOWEVER, WE ALL MUST REMEMBER, HYDRATION IS VERY IMPORTANT.

STAY HYDRATED, KEEP YOUR KEEP DRINKING BECAUSE THIS COOL DRY AIR ZAPS OR MOISTURE.

SO THAT'S MY SAFETY MOMENT FOR THE EVENING.

THANK YOU ALL.

THANK YOU.

I WANTED A, I'M SORRY.

I'M SORRY.

CAN YOU SPELL YOUR LAST NAME? LAST NAME IS ZEMAN, S LIKE IN SAM, Z LIKE IN ZEBRA, E AS IN ECHO, M AS IN MARY, A AS IN ADAM, N AS IN NANCY.

THANK YOU.

THANK YOU.

AND I'M SORRY, CAN YOU SPEAK MORE INTO THE MICROPHONE? PLEASE? MOVE THE MICROPHONE CLOSER.

OH, SURE.

THANK YOU, SIR.

IS THAT BETTER? YES.

OKAY.

SO TONIGHT I WANTED TO JUST GET SOME CLEAR DEFINITIONS DEFINED AS WE TALK THROUGH THE, THE FACILITY OPERATIONS.

THE FIRST DEFINITION IS UNPROCESSED MATERIAL.

THAT'S THE RAW MATERIAL THAT IS, THAT IS ACCEPTED AT THE FACILITY.

THAT'S REINFORCED CONCRETE, CONCRETE SIDEWALKS, UH, ASPHALT COMING FROM A TRENCH SOIL, THAT TYPE OF MATERIAL.

SO THAT'S UNPROCESSED MATERIAL.

THEN THE NEXT WORD IS YOUR PROCESSED MATERIAL.

AFTER A THUL TAKES THAT UNPROCESSED MATERIAL, THEY HAVE A SERIES OF SCREENERS AND CRUSHERS THAT THEN SEGREGATE THAT MATERIAL INTO VARIOUS PROCESS.

PROCESS, STOCKPILES OF ASPHALT, OF CRUSHED CONCRETE OF SOIL AND RECYCLED CONCRETE.

AND THEN THERE'S TWO MORE TERMS. INBOUND

[00:10:01]

TRUCK TRAFFIC IS THE INCOMING MATERIAL COMING AND IN DUMP TRUCKS OR ROLL OFF CONTAINER TRUCKS THAT ARE CARRYING THAT UNPROCESSED MATERIAL.

THEY'RE DUMPING IT AT THE FACILITY.

AND THEN THE LAST KEY DEFINITION IS THE OUTBOUND TRUCK TRAFFIC.

THAT'S THE FINISHED MATERIAL.

THE FINISHED PROCESS PRODUCT THAT IS GLOATED AND SHIPPED OUT TO THE CONSTRUCTION INDUSTRY.

UM, THE NEXT TERM IS THE LEASED PROPERTY.

THAT'S THEIR ENTIRE 14 ACRE PARCEL OF WHICH WE ARE, WE'RE REALLY FOCUSING ON WHAT WE CALL THE FACILITY, WHICH IS APPROXIMATELY THREE ACRES.

UH, TONIGHT WE WANT TO TALK ABOUT THE TERM FACILITY OPERATIONAL LIMIT.

UH, WE'RE GONNA SHARE SOME GRAPHICS SHORTLY, BUT THAT'S A KEY TERM WITH RESPECT TO SETBACKS AND WAREHOUSE, UH, WAREHOUSE LANE SOUTH.

UM, NEXT WE'RE GONNA TALK ABOUT THAT SETBACK AND REQUIRED PERIMETER SECURITY MEASURES.

UH, WE'RE GONNA TALK ABOUT STORM WATER BEST MANAGEMENT PRACTICES.

AND THEN A KEY DEFINITION HERE IS THE WORKING PLATFORM, THE CURRENT ELEVATION, WHERE THE STOCKPILES THEN, UH, ARE BUILT FROM.

SO THAT'S THE WORKING PLATFORM OR OPERATIONS FOR, AND, UM, THAT'S CONSISTENT THROUGHOUT THE SITE.

AND THEN THEY WOULD BUILD THEIR UNPROCESSED STOCKPILE AND THEN THEIR PROCESS STOCKPILES FROM THAT WORKING PLATFORM OR OPERATIONS FLOOR.

OKAY.

UH, THE NEXT POINT I JUST WANT TO TALK ABOUT IS OUR OBSERVATIONS.

WHEN WE WALKED THE SITE, WE DEFINITELY SAW THE UNPROCESSED, UH, THE PROCESS MATERIALS.

WE SAW THE STORMWATER MANAGEMENT PRESSURE, THE STORMWATER MANAGEMENT MEASURES IN PLACE.

THEIR BMPS, UH, FOR THE MOST PART, THEY WERE COMPLIANT.

OUR BIG CONCERN WITH THE STORMWATER IS THE MUD, THE DIRT AND DEBRIS THAT'S BEING CARRIED OFF THE SITE ONTO WAREHOUSE LANE SOUTH, AS WELL AS WAREHOUSE LANE.

UH, THE NEXT, UH, WE DID REVIEW THE STOCKPILE HEIGHTS FOR BOTH THE UNPROCESSED AND THE PROCESSED MATERIAL.

UH, WE'RE GONNA TALK ABOUT THE NEED TO INSTALL PERMANENT MARKERS AND ESTABLISH A MAXIMUM ELEVATION FOR THOSE STOCKPILE HEIGHTS.

AND I DO HAVE A GRAPHIC TO DESCRIBE THAT.

AND THEN PERIMETER SECURITY IS A KEY.

AGAIN, IT'S A SHARED SPACE THAT WEST WEAR, UH, WAREHOUSE LANE SOUTH, UH, WITH THE PAUSE CROSSING AS WELL AS THE BICYCLE PATH.

SO THERE'S A CONCERN FOR POTENTIAL TRESPASSERS WALKING ONTO THIS FACILITY DURING NORMAL OPERATING HOURS OR AFTER HOURS.

SO WE'LL TALK ABOUT PREMIER SECURITY MEASURES.

AND THEN THE LAST THING IS THE REQUIRED BUILDING PERMITS FOR WHAT'S ON SITE.

SO WITH THAT SAID, UH, ON JANUARY 2ND, PSNS ISSUED 18 RECOMMENDED SPECIAL PERMIT CONDITIONS WHERE WE SAW THE 19TH FIRST PROPOSED BY THE TOWN OF GREENBURG.

AND THEN THE 11 RESPONDED BY THAL.

AND, UM, IN THE SPIRIT OF COOPERATION, WE TRIED TO SYNTHESIZE THOSE TWO SETS OF SPECIAL CONDITIONS AND COME UP WITH SOMETHING THAT IS CONCRETE THAT COULD BE RE REVIEWED NOW AND IN THREE, FOUR YEARS FROM NOW FOR PERMIT COMPLIANCE TO MAKE SURE THOSE OPERATIONS ARE COMPLYING WITH THOSE CONDITIONS.

AND MORE IMPORTANTLY, SOMETHING TO ESTABLISH METRICS THAT EVERYBODY COULD REVIEW AND EVALUATE SUB SUB.

SUBSEQUENT TO THAT JANUARY 2ND LETTER, WE HAD GOOD PSNS TOWN OF GREENBURG AND THAL HAD SEVERAL WORKING SESSIONS OVER THE LAST WEEK OR SO, UH, TO TALK THROUGH THOSE ISSUES, UM, AS WELL AS THE JANUARY 11TH MONTROSE FIRE.

WE HEARD THAT WE, UH, OBSERVED THOSE OBSERVATIONS AND AFTER THAT WE HAVE SOME SUBSTANTIVE REVISIONS TO THE JANUARY 2ND RECOMMENDATION.

AND THE FIRST THING I'D LIKE TO TALK ABOUT IS THE 30 FOOT SETBACK THAT WAS PROPOSED ON JANUARY 2ND.

UH, WE TALKED THROUGH THAT AND, UH, WE HAVE A, A 10 FOOT SETBACK PROPOSAL NOW.

AND WHAT I'D LIKE TO DO IS SHARE MY SCREEN AND TALK THROUGH A GRAPHIC.

THAT'S OKAY.

ALL SET? YEP.

YOU'RE ALL SET TO SHARE.

SO YOU'RE NOT GONNA GO THROUGH THIS THROUGH THE CONDITIONS.

SO IF WHEN YOU'RE TALKING ABOUT SOME, SORRY, WHEN YOU'RE TALKING ABOUT SOMETHING, COULD YOU LET US KNOW WHAT CONDITION IT RELATES TO? SURE.

BECAUSE IT'S NOW, YOU'RE NOW TAKING 'EM OUT OF ORDER.

UNDERSTOOD.

SO THE FIRST CONDITION I'M GONNA TALK ABOUT IS IT'S PRETTY MUCH CONDITION ONE FIVE AND 18.

IS THIS FIVE FOOT SETBACK

[00:15:01]

REQUIREMENT? SO, HOLD ON.

SO JUST A QUICK ORIENTATION BEFORE I GO INTO THE NEXT GRAPHIC.

THIS IS THE FACILITY, UH, WHEN WE TALKED ABOUT UNPROCESSED MATERIAL, THIS IS THIS LARGE STOCKPILE HERE.

AND THEN THROUGHOUT THE REMAINDER OF THE SITE, YOU HAVE YOUR PROCESSED STOCKPILES AS WELL AS THE ACTUAL OPERATIONS THAT CRUSH AND SCREEN THE MATERIAL.

THIS IS WAREHOUSE LANE.

SOUTH PAST CROSSING WOULD BE HERE, AND WAREHOUSE LANE ITSELF IS OFF THE PAGE.

AND THEN THE BIKE PATH IS ALONG THIS RED LINE.

AND THE RED LINE DENOTES THE 14 ACRE LEASE PROPERTY.

THIS AREA IS THE THREE ACRE ACTIVE FACILITY OPERATIONS.

OKAY.

WHAT I'D LIKE TO TALK TO NOW, UM, SPECIAL CONDITION ONE FROM JANUARY 2ND CONTEMPLATED A 30 FOOT OFFSET FROM THE FACILITY OPERATIONAL LIMIT.

SO THAT'S THE FIRST SUBJECT I'D LIKE TO DISCUSS.

THE FACILITY OPERATIONAL LIMIT IS THE PSNS AN IMPORTANT DEFINING FACTOR THAT NEEDS TO BE MARKED OUT IN THE FIELD.

SO WE'RE ALL KNOW WHERE THEIR FACILITY IS AND WHERE THEY'RE ALLOWED TO OPERATE.

SO THAT FACILITY OPERATION LIMIT WOULD BE THE WESTERN EDGE OF THE COUNTY BIKE TRAIL.

SO THAT WOULD BE THIS RED LINE.

AND FOR THIS WOULD BE A SNAPSHOT LOOKING NORTH, THE LEFT SIDE OF THE PAGE WOULD BE WEST, THE ROCK FACED.

THE EAST SIDE OF THE PAGE WOULD BE THE COUNTY BIKE TRAIL ADJACENT TO THE BIKE TRAIL IS AN EXISTING VEGETATED AREA, AND THAT ALSO INCLUDES A DRAINAGE SWALE THAT IS OPERATED BY THAW.

THAT'S AN IMPORTANT PART OF THEIR SW MEASURES OR STORMWATER MANAGEMENT MEASURES, UH, WHERE THEY DO ROUTINE MAINTENANCE ON THAT SWELL TO MANAGE THE STORMWATER RUNOFF FROM THEIR PROPERTY.

THEN YOU HAVE YOUR WAREHOUSE LANE SOUTH, AND THEN THERE'S EXISTING JERSEY BARRIERS, CONCRETE BLOCKS AT THE WESTERN EDGE OF PAVEMENT OF WAREHOUSE LANE SOUTH.

SO WE ORIGINALLY PROPOSED A 30 FOOT SETBACK, UM, THAT WAS MEASURED FROM THE FACILITY OPERATING LIMIT.

HOWEVER, IN TALKING WITH THE TEAM, IT'S MORE APPROPRIATE TO CREATE A 10 FOOT WIDE SETBACK WHERE THERE WILL BE NO STOCKPILE OPERATIONS AND THAT WILL BE MEASURED FROM THIS JERSEY BARRIER AS WELL AS THIS FUTURE PERIMETER SECURITY FENCE.

SO, UH, WHAT'S PROPOSED NOW IS A 10 FOOT WIDE SETBACK MEASURED FROM THE EXISTING JERSEY BARRIER, AND THEN A NEW VISUAL PERIMETER SECURITY FENCE.

OKAY.

IN THIS 10 FOOT WIDE SETBACK, THERE WOULD BE NO STOCKPILE OPERATIONS.

UH, THE PURPOSE OF THIS SETBACK WOULD PROVIDE A, A SECURE SAFE PERIMETER FOR INSPECTIONS FOR EMERGENCY ACCESS, AS WELL AS ALLOW FOR MAINTENANCE OF SOME OF THOSE STORMWATER MANAGEMENT MEASURES.

UH, STOCKPILING OPERATIONS THAT FAIL WOULD HAVE TO START WEST OF THAT 10 FOOT SETBACK LINE.

AND THUL IS PROPOSING TO INSTALL SOME TYPE OF VISUAL BARRIER, A CONCRETE BLOCK, SOMETHING LIKE THAT, UH, TO PROVIDE THAT PHYSICAL PERMANENT MARKER OF WHERE THEY'RE ALLOWED TO START THEIR STOCKPILE OPERATIONS.

ANY QUESTIONS ON THAT SO FAR? BEFORE I TALK ABOUT THE PERIMETER SECURITY? CAN I ASK WHICH, SO YOU SAID IT WAS CONDITION 1 1 1 THAT'S ABOUT THE HEIGHT CONDITION ONE ALWAYS TALK, UH, ALSO TALKS ABOUT STOCKPILES AREN'T ALLOWED TO START UNTIL 30 FEET AWAY.

OKAY.

SO IT'S A COMBO.

OKAY.

YES.

1 5 18.

YOUR ORIGINAL RECOMMENDATION WAS A 30 FOOT SETBACK.

YES.

WHERE WAS THAT SUPPOSED TO START? THAT WAS STARTING FROM THEIR OPERATIONAL LIMIT, WHICH WOULD BE THIS RED LINE.

BUT AFTER FURTHER DISCUSSION, IT'S APPROPRIATE TO MORE ESTABLISH THE SETBACK FROM THIS CONCRETE BARRIER HERE.

IF

[00:20:01]

YOU COULD SEE MY HAND.

SO IT WAS NEVER FROM THE ROAD, IT WOULD WOULD BE ON THE OPPOSITE SIDE OF THE ROAD.

NO, BUT I'M SAYING IT WAS NEVER 30 FEET FROM THE ROAD, CORRECT? THAT IS CORRECT.

AND WAS THAT WHAT THE TOWN WAS TALKING ABOUT WITH THEIR 30 FOOT SETBACK? NO, THE TOWN WAS REQUESTING, UM, A SETBACK FROM THE EDGE OF WAREHOUSE LANE IN, NOT FROM THE OTHER SIDE OF THE STREET.

SO THIS DEPICTS WHAT THE TOWN IS.

IT'S IN LINE WITH WHAT THE TOWN WAS ASKING FOR.

OKAY.

FROM, FROM 30 FEET TO 10 FEET IS A SIGNIFICANT DIFFERENCE.

UM, AND I THINK YOU WERE SUGGESTING, IF I READ IT, YOUR INFORMATION CORRECTLY WAS THE 30 FEET WAS UM, I GUESS MORE FOR IN CASE THERE WAS A CATASTROPHIC FAILURE AND, UH, A PILE JUST STARTED TO SPREAD OUT OR FALL.

UM, BUT YOU, YOU'RE SAYING NOW THAT 10 FEET IS SUFFICIENT? YES.

10 FEET AND THERE'S MEASURES THAT ARE IN PLACE NOW, AND THAT WILL BE IN PLACE IN THE FUTURE TO PROTECT FROM, FROM CATASTROPHIC FAILURE OF THE STOCKPILE.

SO IF YOU LOOK AT THE FIGURE, THAT EXISTING CONCRETE BARRIER JERSEY BARRIER HERE, UH, A PERIMETER FENCE WILL BE INSTALLED DIRECTLY BOARD OF THAT, AND THEN OUR 10 FEET OFFSET WOULD HAPPEN.

AND THEN ON THE OTHER SIDE OF THAT OFFSET, BEFORE THE STOCKPILE BEGINS, THERE'LL BE ANOTHER ROW OF CONCRETE BLOCKS OR A PERMANENT FEATURE, AND THEN THE STOCKPILE WOULD START.

SO THIS IS FOR PROCESS MATERIAL.

UH, THAT'S WHAT WOULD BE STORED ALONG WAREHOUSE, UH, WAREHOUSE LANE.

SOUTH UNPROCESSED MATERIAL WILL BE STORED IN THE REAR OF THE FACILITY.

AND UH, THAT SETBACK IS GREATER THAN A HUNDRED FEET.

SIR.

UH, THIS AREA IS FOR THE PROCESS MATERIAL, WHICH IS A, A MUCH SMALLER MATERIAL.

AND THAT CATASTROPHIC FAILURE, THE ROLLING OF THE SMALL CONCRETE OR THE SOIL PARTICLES WILL BE CONTROLLED AND MANAGED BY THESE PER MOCK OR THE JERSEY BARRIER.

SO I GUESS WHAT'S THROWING ME OFF IS, UH, I SEE NOW THAT, THAT THAT DRAWING IS NOT TO SCALE, SO THAT'S CORRECT.

SO, UM, THAT ALSO PERTAINS TO THE HEIGHT OF THESE THINGS AS WELL, TO THE WIDTHS OF STUFF.

SO THAT JERSEY BARRIER OR GRAVITY BLOCK IS HOW TALL, HOW HIGH? MY QUESTION EXACTLY.

IT'S NOT LIKE A LITTLE TWO FOOT CURB, RIGHT.

IT'S GONNA BE, THE JERSEY BARRIERS ARE TYPICALLY THREE TO FOUR FEET TALL, AND THEN THE GRAVITY BLOCK WOULD BE UPWARDS OF TWO TO FOUR FEET.

UM, THAT NEEDS TO BE WORKED OUT AND FOUL.

AND THERE SITE OPERATIONS, PEOPLE HAVE TO FIGURE THAT OUT.

ISN'T IT FAIL JUST TO BE A FAIL OR THOUGHT FAIL? FAIL.

I APOLOGIZE.

FAIL, FAIL, FAIL.

OKAY.

I APOLOGIZE.

OH NO, DON'T, DON'T APOLOGIZE TO ME.

OKAY.

MINE IS SIMILAR.

THE SAME QUESTION IS, IF THAT'S THE SMALLER MATERIAL THAT'S MORE LIKELY TO ROLL, THERE'S A CONCERN ON THE HEIGHT OF THAT, UM, YOU KNOW, PROTECT, YOU KNOW, GUESS.

'CAUSE IT'S NOW RIGHT NEAR THE, IT'S ONLY 10 FEET AWAY FROM THE ROAD, FROM THE ROAD.

UM, THE CONCERN, YOU KNOW, A TWO FOOT BARRIER DOESN'T SOUND LIKE IT WOULD BE A GOOD SAFETY MEASURE.

THE SMALLER MATERIAL ACTUALLY HAVE LESS LIKELY TO ROLL AND CREATE THAT GRAVITY, THAT MOMENTUM TO PASS THROUGH THIS GRAVITY BLOCK AND THEN THROUGH THE JERSEY BARRIER.

OH, THAT IS, THAT'S THE OPPOSITE OF WHAT YOU SAID OR WHAT I HEARD YOU SAY.

AND, AND, AND LOOK, ALL OF THIS IS REALLY AN INFORMATIONAL FOR US TO KIND OF REALLY GET OUR HANDLE AROUND THINGS THAT WE HAVE NOT BEEN TRAINED IN.

WOULD YOU SAY THAT THOSE GRAVITY BLOCKS, IS THAT AN INDUSTRY STANDARD HEIGHT IN UTILIZATION? YES.

I THINK THAT'S WHAT WE NEED TO KNOW.

I MEAN, YES, WHETHER IT'S SIX FOOT TALL, 10 FOOT TALL, I MEAN, IT'S IMMATERIAL TO US.

WE NEED TO KNOW WHAT IS GOING TO BE SAFE FOR ANYONE THAT MAY BE TRAVERSING ALONG THAT ROAD.

THE OTHER QUESTION I HAD IS LOOKING AT FROM THE BIKE TRAIL, WHICH IS INTERESTING NOW 'CAUSE IT HAD NOT FACTORED INTO ANYTHING THAT WE HAD SPOKEN ABOUT PRIOR.

THE DRAINAGE SWALE IS 10 FOOT, PART OF THE 30 FOOT SETBACK PLUS THE NEW 10 FOOT SETBACK.

SO THAT'S 40.

HOW MUCH IS IT FROM THE OPERATIONAL, THAT RED LINE? HOW MUCH SPACE IS THAT, IF, IS IT

[00:25:01]

THE FACILITY LIMIT WOULD BE THEIR OPERATIONAL FACILITY LIMIT.

RIGHT.

'CAUSE THEY HAVE TO MAINTAIN THAT DRAINAGE.

WELL, IS BASICALLY THE EDGE OF THE BIKE PATH.

AND HOW, HOW MUCH SPACE IS THAT BETWEEN THE BLUE LINE AND THE RED LINE? BETWEEN THE BLUE LINE AND THE RED LINE? IT DEPENDS ON WHERE YOU ARE.

OKAY.

IT'S BETWEEN TWO FEET TO FIVE FEET TO 10 FEET.

OKAY.

ALRIGHT.

IT, IT, IT NECKS DOWN AS YOU GO FURTHER NORTH, BUT AS YOU GO MIDDLE OF THE SITE TOWARDS PAUSE, CROSSING, IT WIDENS.

OKAY.

SO IN ESSENCE, THE ONLY AREAS WHERE THIS IS OF ANY CRITICAL NATURE IS AREA C.

ON YOUR, UH, ON YOUR SITE PLAN.

LET ME GO BACK.

IF THERE ONE CIRCLED IN YELLOW OR ONE YES.

SO THIS IS THE CLOSEST STOCKPILES WOULD BE, WOULD BE AREA C? THAT IS CORRECT.

AS YOU GO FURTHER SOUTH, IT WIDENS OUT BECAUSE THA HAS THEIR STORMWATER DETENTION BASIN AND THEIR STORMWATER BMPS THROUGH HERE.

SO THE STOCKPILES WOULD BE ACTUALLY FURTHER IN SIGHT.

IT'S THIS LOCALIZED AREA, LIKE YOU SAID, SIR, AROUND C.

OKAY.

SO THEN THIS IS A, THIS CIRCLE C LET'S SAY ON THE SOUTHERN MOST PIECE.

YES.

IS THAT ONE STOCKPILE OR IS THAT MULTIPLE STOCKPILES IN THAT AREA? DID THERE YES.

WHEN THE TWO TIMES PSNS WAS THERE, THERE WERE MULTIPLE STOCKPILES, UH, OF DIFFERENT PROCESS MATERIAL.

OH, OKAY.

SO I, AGAIN, I'M JUST TRYING TO VISUALIZE THE SCALE OF THIS 'CAUSE YES, THAT CIRCLE LOOKS SMALLER THAN THE B CIRCLE AND, AND THE A CIRCLE.

SO IN ACT IN CIRCLE C THERE'S ACTUALLY MULTIPLE, I'M SORRY, YOU JUST SAID IT.

THERE ARE MULTIPLE STOCKPILES, 30 FEET HIGH BY WHATEVER WIDTH BASED UPON THE SLOPE OR THE ANGLE OF THE, OF THE SLOPE.

CORRECT.

SO HOW MANY STOCKPILES WOULD ACTUALLY BE ON THE, LET'S SAY EASTERN, MOST PART OF THAT AREA C, WHICH WOULD BE THE CLOSEST TO, UH, THE WAREHOUSE LANE AND THE BOCK BA BIKE TRAIL.

UM, AND ALL OF THIS , ALL OF THAT OTHER STUFF YOU HAD ON THE PREVIOUS, UH, DRAWING ON THE SKETCH.

SO I WANNA GO BACK TO THE DRAWING AND IF I COULD ASK THAL THEIR, I'M SORRY, NAIL, YOU'LL GET IT SOON.

, IT'S THEIR FACILITY, IT'S THEIR OPERATIONS.

BUT FROM A-P-S-N-S-R ENGINEERING POINT OF VIEW, AS LONG AS THEY HONOR AND MAINTAIN THAT 10 FOOT WIDE SETBACK, UH, THOSE STOCKPILE OPERATIONS, UM, I, I UNDERSTAND I'VE SEEN IT.

IT'S A FLUID OPERATION.

SO ON A MONDAY THERE COULD BE THREE STOCKPILES AND THEN THEY PROCESS 'EM, THEY SELL 'EM, AND BY FRIDAY THEY'RE GONE.

SO, UM, I THINK THAT'S MORE APPROPRIATE FOR A FAIL TO ANSWER.

OKAY.

THANK YOU.

YOU'RE WELCOME, SIR.

UM, YOUR HONOR, IT, IT MAY HELP THE BOARD TO UNDERSTAND THAT IF, AND I'M NOT SURE IF THERE'S A, A STANDARD, IT, IT, IT MAY HELP THE BOARD TO UNDERSTAND, UM, THE GRAVITY BLOCK.

IS THERE A SORT OF A TYPICAL, UH, WEIGHT OF THAT, UM, YOU KNOW, TO CONTRIBUTE TO, ITS IN MOVE, YOU KNOW, THE, THE FACT THAT IT'S NOT EASILY MOVED OUT OF THE WAY? YES.

THOSE GRAVITY BLOCKS ARE TYPICALLY AT LEAST TWO AND A HALF FEET BY TWO AND A HALF FEET BY SIX TO EIGHT FEET.

SO THEY'RE GENERALLY ABOUT ONE TON EACH.

UM, EIGHT, I'M SORRY.

THEY'RE BASICALLY WHAT BASICALLY ONE TON EACH.

UH, A, A CAR HITTING THAT WOULD NOT MOVE THE BLOCK, BUT IT'LL TOTAL THE CAR.

YOU NEED A LARGE PIECE OF EARTHWORK EQUIPMENT, UH, TRACK CO OR A BIG LARGE BULLDOZER TO PUSH THAT BLOCK OUT OF THE WAY.

SO IT'S APPROPRIATE TO MANAGE AND MAINTAIN THE TOW SLOPE FOR THAT STOCKPILE O.

OKAY.

'CAUSE THAT KIND OF LIKE, I THINK ANSWERED MY NEXT QUESTION, WHICH WAS, UM, I CAN'T VISUALIZE A GRAVITY BLOCK.

I MEAN, WHERE DO I SEE THAT ON A ROADWAY OR SOMETHING THAT I CAN, I'LL SAY, OH, THAT'S A GRAVITY BLOCK.

AND THAT'S KIND OF BIG AND HEAVY.

AND TO BE HONEST, THE MOST SIMPLEST THING RIGHT NOW, IT'S WINTER.

UH, IF YOU GO TO A, A BIG WINTER, IT'S WINTER.

IT'S WINTER.

SO IF YOU GO TO A BIG SHOPPING CENTER, A LOT OF THEM HAVE STOCKPILES OF SALT THAT THE LANDSCAPER, THE PERSON DOING THE SNOWPLOWING, HE STORES THE SALT IN THOSE

[00:30:01]

AREAS.

AND THEY LOOK LIKE, FOR LACK OF BETTER WORDS, COFFINS, THEY'RE BIG TWO AND A HALF FEET BY TWO AND A HALF FEET BY SIX TO EIGHT FOOT CONCRETE BLOCKS.

THAT WOULD BE THE MINIMUM REQUIRED FOR THIS.

AND THEY USE THAT TO PUSH THE SALT UP AGAINST.

SO THEY CREATE BASE AND THEN THEY STACK THE, THEY STACK THEM.

YOU COULD STACK THEM GRAVITY BLOCKS IF YOU WANT THAT CORRECT.

IN LIKE A BRICK FORMAT.

OR THEY DON'T JUST STACK 'EM ONE ON TOP OF THE OTHER.

THEY LIKE ALTERNATE.

THEY ALTERNATE 'EM, AND MOST OF 'EM HAVE KEYS, SO YOU COULD LOCK THEM IN.

AND THAT'S WHY THEY'RE CALLED THE GRAVITY BLOCK 'CAUSE THEY LOCK TOGETHER.

OKAY.

THAT, THAT HELPS ME, UH, SIGNIFICANTLY TO VISUALIZE WHAT YOU'RE TALKING ABOUT THAT WOULD ACTUALLY HELP TO, UH, PREVENT A, UM, A STOCKPILE FROM, YOU KNOW, GETTING INTO THE, UM, WAREHOUSE LANE AREA OR, OR THE, OR OR THE OTHER PLACES.

OKAY.

PICTURE SOMETHING ABOUT THE SIZE OF THIS TABLE, MAYBE A LITTLE, NOT AS LONG, BUT ABOUT THE SIZE OF THIS TABLE.

UH, BUT AS, AS GANOS WAS INDICATING SUBSTANTIAL WEIGHT, YOU KNOW, IT'S GOT A LOT OF MASS, UH, NOT EASILY MOVED AROUND.

UH, SO SOMETHING THAT, UM, MIGHT, UH, SLIDE DOWN THE STOCKPILE IS, IS NOT GONNA, YOU KNOW, IN, IN AND OF ITSELF MOVE THAT BLOCK.

OH, OKAY.

I WAS JUST TRYING TO MAKE SURE I UNDERSTOOD WHY YOU WERE ABLE TO GO FROM SUGGESTING 30 FEET TO 10 FEET.

YES.

AND YOU STILL FEEL THAT THAT 10 FEET WITH THESE MEASURE IS MORE THAN SUFFICIENT.

YES.

10 FEET WITH THESE MEASURES WITH THAT GRAVITY BLOCK, AS WELL AS THAT 10 FOOT DISTANCE, WHICH WILL PROVIDE AN ACCESS WAY FOR INSPECTION, FOR STORMWATER MANAGEMENT, FOR OPERATIONS.

SO THAT GIVES YOU THAT FLEXIBILITY, THAT FACTOR OF SAFETY.

AND THEN COUPLED WITH THE SECURITY FENCE, AGAIN, THE SECURITY FENCE IS THERE TO PROTECT PEDESTRIANS FROM ACCESSING THE SITE.

AND THAT'S A KEY COMPONENT OF THE SITE.

UH, THE, THE, THE FUTURE SITE WORK.

UH, GOOGLE IS A WONDERFUL THING.

UM, WILLIAM, JUST GOOGLE WHAT A, THANK YOU.

OKAY, NOW I SUCCINCTLY VISUALIZE WHAT IT LOOKS LIKE WE USE THESE FOR.

UM, OKAY.

THANK YOU.

BUT THOMAS, YOU CAN RE-SHARE.

SORRY.

OH, I'M RE OKAY.

OKAY.

SO BEFORE WE GO BACK TO THE STOCKPILES, A KEY CONCERN OF PS AND S'S WAS, AGAIN, THE PERIMETER SECURITY.

AND, UH, WE'VE REQUESTED A NON-SCALABLE SECURITY MEASURE.

UH, AGAIN, FAILS GONNA HAVE TO COME UP WITH A FORMAL DESIGN, BUT IT NEEDS TO BE NON-SCALABLE SO NOBODY COULD CLIMB IT.

IT HAS TO BE A MINIMUM HEIGHT OF EIGHT FEET.

AND THEN, UH, THE TOWN ASKS THAT IT'S SOMETHING THAT YOU COULD STILL SEE THROUGH.

SO THE, SO THE TOWN PEOPLE COULD VISUALLY SEE WHAT'S GOING ON, BUT AGAIN, IT'S PREVENTING PEOPLE FROM WALKING ONTO THE SITE OR CLIMBING OVER THE JERSEY.

BARRIERS TO ACCESS THE, UH, UM, THE SITE WITH THIS PERIMETER SECURITY MEASURE.

UH, IT'S BEEN REQUESTED AT LEAST TWO ACCESS AND EGRESS POINT.

SO RIGHT NOW THERE'S THE MAIN ACCESS POINT ON THE NORTH SIDE OF THE SITE.

UH, A SECOND EMERGENCY ACCESS POINT WOULD BE REQUIRED.

SO NON-SCALABLE, LIKE A CHAIN EIGHT FOOT CHAIN LINK FENCE WITH A, A BARBED WIRE, UH, TOP.

I DON'T WANNA GET INTO THEIR FINAL DESIGN, BUT A CHAIN LINK FENCE, NOT NECESSARILY A BARBED WIRE, BUT SOMETHING THAT, THERE'S WAYS TO DESIGN THE FENCE NOWADAYS WITH SMALLER FABRIC SO YOU CAN'T CLIMB IT.

OR WHEN YOU TAKE TO THE TOP INSTEAD OF A, A BARBED WIRE, THERE'S WAYS YOU COULD TURN THE FENCE OUT.

OKAY.

SO NOBODY COULD CLIMB UP AND GO OVER IT, ACCESS IT SIR ANGLE OR NOT GO OVER IT EASILY, I SHOULD SAY.

CORRECT.

'CAUSE YOU KNOW, THERE'S ALWAYS PEOPLE WHO ENJOY CHALLENGES .

UNDERSTOOD.

YES.

YOU WERE TALKING ABOUT TWO EXIT SLASH ENTRANCES.

YES.

UM, HAS THE, HAVE THE POLICE AND FIRE SIGNED OFF ON WHAT THOSE WOULD BE LIKE? OR IS IT REQUIRED IN YOUR RECOMMENDATIONS THAT THEY HAVE SIGN OFF TO MAKE SURE IT'S, HAS APPROPRIATE EGRESS FOR THEM?

[00:35:02]

THE SHORT ANSWER IS YES.

OKAY.

UM, THERE'S A, A, A NO NEW CONDITION BASED ON THAT MONTROSE FAIR I DIDN'T GET TO YET, BUT THE REQUEST IS A 20 FOOT, 24 FOOT WIDE OPERATIONAL LOOP THROUGH THE FACILITY.

BUT THAT WOULD HAVE TO BE TIED INTO BOTH ACCESSING BIGGERS POINTS.

AGAIN, PSNS WERE NOT THE ENGINEERS FOR FALL, UH, FAIL, EXCUSE ME, BUT FAIL.

AND THEIR FOLKS WOULD HAVE TO COME UP WITH THE APPROPRIATE POINTS FOR THOSE ACCESS AND EGRESS POINTS.

BUT THE MINIMUM DIMENSION WOULD BE 24 FEET.

SO EMERGENCY RESPONDERS CAN ACCESS THE FACILITY.

I'M JUST GONNA GO TO A NEXT IMAGE, UH, TO PRESENT A CONCEPT ABOUT THE STOCKPILE OPERATING FLOOR.

AND THEN WE COULD TALK ABOUT THE STOCKPILE HEIGHT AND WHAT WE'RE DEFINING AS A MAXIMUM ELEVATION AT THE FACILITY AND HOW WE WOULD MON HOW ONE WOULD MONITOR THAT STOCKPILE HEIGHT.

SO THIS IMAGE, CAN EVERYBODY SEE IT OKAY.

WOULD BE THE SOUTH SIDE OF THE SITE ON THE LEFT IS SOUTH PAW ANIMAL SHELTER, AND THEN THE RIGHT SIDE IS GOING NORTH INTO THE ACTUAL FACILITY.

SO THAT'S WHERE THIS CROSS SECTION'S CUT.

HERE WE HAVE A VEGETATED SLOPE.

IT'S UNDISTURBED, UH, THE TOWN'S MINIMUM REQUIREMENT WAS 25 FEET.

SO FROM THEIR LEASE PROPERTY LINE, THE CREST OF THAT VEGETATED SLOPE IS 25 FEET FROM THAT SLOPE IN WHERE WE'RE REQUESTING THIS 20 FOOT, 24 FOOT WIDE OPERATIONS LOOP LOOP ROAD, THAT WOULD BE FOR UNINTERRUPTED DAILY FAIL OPERATIONS AS WELL AS IN THE EVENT FIRST RESPONDERS HAVE TO COME 24 FOOT WIDE ACCESS LOOP ROAD AROUND THEIR ENTIRE FACILITY WOULD ENABLE THE FIRST RESPONDERS TO ACCESS VARIOUS AREAS OF THE SITE.

AND THEN THE STOCKPILE OPERATIONS WOULD START IN BOARD OF THAT.

OKAY.

THE NEXT CONCEPT IS THIS OPERATING FLOOR OR WORKING PLATFORM.

THIS IS THE MAIN STABLE PLATFORM WHERE FAIL OPERATES.

UM, IT SLOPES, FOR LACK OF BETTER WORDS, IT PRETTY MUCH SLOPES FROM WEST TO EAST AND SOUTH TO SOUTH, UH, SOUTH TO NORTHEAST.

IT'S SLOPING TOWARDS WAREHOUSE LANE.

'CAUSE THAT'S WHERE THEIR BEST MANAGEMENT PICTURES ARE TO CAPTURE THAT STORM WATER.

SO IT'S NOT A CONSISTENT ELEVATION, HOWEVER, THAT'S THEIR MAIN WORKING PLATFORM.

THEIR OPERATING FLOOR FROM THIS OPERATING FLOOR, THAT'S WHERE YOUR PROCESSED STOCKPILES BUILT FROM AS WELL AS YOUR UNPROCESSED STOCKPILE IS BUILT FROM.

AND THE MAIN TAKEAWAY, THE MAIN PROPOSAL IS WE WANNA MANAGE THAT STOCKPILE HEIGHT, A SAFE DISTANCE.

SO IT'S PROPOSED THAT THEY ESTABLISH PERMANENT MARKERS ON THAT ROCK FACE FOR THE WORK ON THE WEST SIDE.

AND THEN THE WORK ON THE EAST SIDE WOULD BE A SPECIFIC RANGE POLE, LIKE A FLAG POLE THAT'S A PERMANENT MARKER THAT WOULD SAY, OKAY, THAT'S A CERTAIN ELEVATION.

AND FOR NOW IT'S A 30 FOOT TALL STOCKPILE MEASURED FROM THIS OPERATING FLOOR FOR THE PROCESS MATERIAL.

CAN, CAN YOU SHOW US WHAT YOU'RE TALKING ABOUT ON A MAP OR SURE.

OR IS THIS MAP, LIKE, IS IS WAREHOUSE LANE SOUTH THE EAST SIDE OF THE PROPERTY? YES, YES.

YES.

WAREHOUSE LANE SOUTH IS THE EAST SIDE.

AND YOU'RE TALKING, OKAY, SO THEN YOU ARE TALKING ABOUT THE SOUTH SIDE OF THE PROPERTY, WHICH IS HERE.

YES.

SO THAT CROSS SECTIONS WAS PREPARED IN THIS AREA, IF YOU FOLLOW MY HAND.

BUT FOR THIS, SO YOU WOULD HAVE WAREHOUSE LANE SOUTH, UM, A 24 FOOT WIDE OPERATIONS LOOP ROAD WOULD BE ESTABLISHED THROUGHOUT THIS SITE.

SO THERE'S UNINTERRUPTED ACCESS FOR FAIL AS WELL AS THE FIRST RESPONDERS.

AND THEN THE STOCKPILES WOULD START,

[00:40:02]

WOULD BE BUILT FROM THIS GENERAL THREE ACRE FACILITY WORKING PLATFORM.

YOUR DRAWING SHOWED THE STOCKPILE STARTING AT 24 FEET AT 20.

THAT'S WHERE I'M, YOU LOST ME.

THE STOCKPILE START FROM THIS OPERATING FLOOR.

CORRECT.

RIGHT.

BUT THAT'S 20 FEET IN THE AIR.

UH, THAT HEIGHT VARIES.

THE HEIGHT VARIES FROM WHERE YOU ARE ON SITE.

AGAIN, THIS WAS A, A MORE JUST A GRAPHICAL REPRESENTATION, I BELIEVE ON THE NORTH SIDE WAREHOUSE LANE IS PRETTY MUCH AT THE SITE GRADE.

AND AS YOU GET FURTHER SOUTH, I BELIEVE IT'S PROBABLY 10 TO 12 FEET ON AVERAGE BETWEEN THE WEST, UH, WAREHOUSE LANE WOULD BE DOWN HERE.

AND THIS, THIS OPERATING FLOOR AS YOU GET FURTHER SOUTH, IS ON THE UPWARDS OF 10 TO 12 FEET ABOVE WAREHOUSE LANE SOUTH.

SO THAT WHATEVER THE DESIGNATED HEIGHT IS, THE FLOOR CHANGES.

THE FLOOR IS ALWAYS GONNA BE THE SAME.

THAT'S THEIR OPERATIONAL FLOOR, THAT'S THEIR STABLE PLATFORM WHERE THEY OPERATE.

AND THEY'VE BEEN OPERATING FOR 20.

YOU, THAT'S NOT WHERE IT SAYS THE GRADE THAT'S HERE, THAT'S THIS RED LINE, FOR LACK OF BETTER WORDS.

THAT'S THEIR OPERATING FLOOR.

WELL THEN WHAT'S THE, WHAT'S THE, WHAT'S THE GRADE 20 FEET BELOW THAT WHERE IT SAYS 2001 GRADE? SO THIS WAS, THIS IS WAREHOUSE LANE, THIS IS WHERE WAREHOUSE LANE WAS OR, OR IS LOWER ON THE SOUTH SIDE OF THE SITE.

SO THEIR STARTING POINT IS 20 FEET ABOVE THE ROAD.

ESSENTIALLY THEY, THEIR ONGOING OPERATIONS ARE, ARE CONDUCTED ESSENTIALLY ON MATERIAL THAT HAS BEEN BUILT UP ON THE SITE.

UH, SO YES, THERE IS A, THERE'S A GRADE DIFFERENTIAL BETWEEN WAREHOUSE LANE SOUTH AND WHERE THEIR TRUCKS AND OTHER EQUIPMENT MOVE, UH, MOVE MATERIAL AROUND AND STOCKPILE THOSE PROCESS AND STOCKPILE THOSE MATERIALS.

THAT GRADE DIFFERENTIAL AS, AS WE'RE INDICATING NARROWS AS YOU MOVE TO THE NORTH TOWARDS THE SITE, CURRENT SITE ENTRANCE.

UM, SO THAT, YOU KNOW, VEHICLES COMING INTO AND OUT OF THE SITE CURRENTLY, UM, SIMPLY DRIVE UP A, A SHALLOW GRADE, UH, GO THROUGH THEIR CHECKPOINT AND THEN, UM, YOU KNOW, UH, UH, UNLOAD THEIR MATERIALS AT THE, UH, THE INBOUND STOCKPILE.

UM, THAT, UM, THAT SURFACE THAT THEY HAVE CONSTRUCTED IS WHAT WE'RE REFERRING TO IS AS, AS THE OPERATING FLOOR OR THE OPERATING PLATFORM BECAUSE IT'S, WE UNDERSTAND OR IT'S BEEN REPRESENTED TO US, THAT'S A RELATIVELY STABLE, UM, UH, SURFACE THAT THEY HAVE CREATED IN ORDER TO RUN THEIR OPERATION.

UH, SO THE, THE DAY-TO-DAY CHANGES IN MATERIALS ON THE SITE INCOMING PROCESSED, UH, OUTGOING, UH, VARY FROM THAT MORE OR LESS, UH, UH, LEVEL, UH, SURFACE THAT THEY'VE CREATED IN ORDER FOR THEIR OPERATIONS TO BE CONDUCTED, UM, UH, EFFICIENTLY, UH, FROM THEIR STANDPOINT.

UM, SO, UH, AS INDICATED IN THIS GRAPHIC, THAT'S NOT THE DEGRADE THAT WAS LEFT WHEN THE QUARRY OPERATION THAT WAS THERE, UM, CONVERTED OR SHUT DOWN OR BECAME WHAT IS NOW THE OPERATION? UM, IT'S, UM, IT, IT IT'S A, UM, IT'S A ESSENTIALLY A, A MANUFACTURED OR CREATED SURFACE THAT THEY WORK ON SOMEWHAT LIKE A TABLE THAT'S ELEVATED ABOVE A FLOOR.

BUT, UH, IN ORDER, AS I UNDERSTAND IT, UH, TO UM, SORT OF LEVEL OUT THE, THE, THE, THE, THE THAT OPERATIONAL LEVEL, UM, THEY'VE, UH, CONSTRUCTED THIS, THIS SURFACE SOMEWHAT

[00:45:01]

LIKE MAYBE A FOOTBALL FIELD WOULD BE CONSTRUCTED OVER AN AREA THAT'S SLOPED OR UNDULATING OR UNEVEN.

UH, THEY'VE CREATED A FLAT SURFACE ON WHICH THEY CAN, THEY CAN CONDUCT THEIR OPERATIONS.

SO THAT'S SOMETHING THAT WOULD NOT HAVE BEEN VISIBLE AT WHEN WE VISITED THE SITE.

UM, I I, IT IT, IT SORT OF DEPENDS ON YOUR, YOUR ORIENTATION AND, UM, AND, AND THE WAY, UM, THE SITUATION MIGHT HAVE BEEN DESCRIBED TO YOU.

UM, IT'S, IT'S, IN MANY WAYS IT'S NOT IMMEDIATELY APPARENT AS YOU GO THROUGH THEIR MAIN ENTRANCE.

UM, BECAUSE THAT MAIN ENTRANCE IS, IS RELATIVELY CLOSE TO THE EXISTING ROAD ELEVATION.

BUT IF YOU, I THINK YOUR HONOR WOULD, YOU WOULD AGREE IS YOU GET DOWN TOWARDS, UH, THE ANIMAL SHELTER AND IF YOU LOOK BACK, UH, TOWARDS, UH, THEIR OPERATION, YOU'LL SEE THERE'S A SUBSTANTIAL, UH, GRADE CHANGE GOING FROM THE ELEVATION OF THE ROAD AND THE ELEVATION OF THE PARKING LOT AT THE ANIMAL SHELTER.

IF YOU, IF YOU LOOK BACK AT IT, UH, YOU'LL SEE THAT THEY'VE, THAT, THAT, THAT THEY'RE OPERATING IT FROM THAT PERSPECTIVE UP A HILL.

SO, SO THERE'S JUST TWO I THINK, REAL IMPORTANT POINTS.

EXCUSE ME.

I DUNNO WHAT'S HAPPENING TO MY VOICE.

UM, MAYBE I SHOULD JUST KEEP QUIET.

, UM, IS THAT THAT WORKING PLATFORM IS THE AGREED UPON STARTING POINT FOR THE HEIGHT OF A STOCKPILE.

AND THEN THE SECOND POINT IS THAT ESPECIALLY WHEN YOU GET TO THE, UH, RUNOFF SITUATION, UM, THAT HEIGHT DIFFERENCE WITH THE WAREHOUSE LAYING BEING AT THE LOWEST OR MINUS 20 FEET, UM, THAT'S WHERE THAT IS.

THAT, IS THAT SWAY SWALE, IS THAT WHAT THAT'S YES.

CORRECT.

THAT'S WHERE THE SWALE IS.

SO THAT HELPS TO PREVENT THE WATER FROM GOING DOWN THAT SLOPE TOWARDS WAREHOUSE LANE AND TOWARDS THE ANIMAL SHELTER IS, IS THAT CORRECT? SO IF I'M GONNA JUMP UP TO THE PREVIOUS SKETCH TO TALK MORE ABOUT THE STOCKPILES.

SO THIS SKETCH, THAT BLACK LINE HERE, IS THAT WORKING PLATFORM OR OPERATING FLOOR? THE STOCKPILES ARE HERE.

THE PROCESS MATERIAL STOCKPILES, THE STORM WATER FLOWS GENERALLY FROM WEST TO EAST AND IT'S CAUGHT BY THAT DRAINAGE SWELL AS WELL AS IT'S CAUGHT ON THIS SIDE OF THE JERSEY BARRIER.

UH, THA HAS SEVERAL STORMWATER BEST MANAGEMENT PRACTICES, STONE CHECK DAMS TO COLLECT THAT STORM WATER, SLOW IT DOWN, CONTROL IT BEFORE IT ACTUALLY HITS THIS DRAINAGE SWELL.

AND THEN ULTIMATELY IT GOES TO SAWMILL RIVER.

SO THERE'S SEVERAL BEST MANAGEMENT PRACTICES IN PLACE AS PART OF THEIR SWIFT PERMIT, UH, THAT COLLECTS THE STORM WATER CONTROLS IT, SO IT'S NOT ONE BRINGING STOCKPILE MATERIAL DOWN TO SAW, UH, SAWMILL RIVER.

AND TWO, IT'S PROTECTING THAT FLOOD OF WATER FROM WASHING OUT WAREHOUSE LANE SOUTH.

SO THERE'S SEVERAL BMPS THAT FAIL, OPERATES AND MAINTAINS DAILY.

AND THAT'S ONE OF THE REQUESTS OF THAT 10 FOOT WIDE SETBACK THAT GIVES THEM THAT PATHWAY, THAT AVENUE TO DO THAT CONTINUED MAINTENANCE OF THOSE FOUR MOTOR BMPS.

OKAY.

AND AGAIN, EXCUSE MY, UM, PEDESTRIAN IGNORANCE.

A BMP IS A BEST, BEST MANAGEMENT MANAGEMENT PRACTICE PRACTICES, THAT'S A COMMON TERM.

I APOLOGIZE IN NOT COMMON.

NOT COMMON HERE.

NOT IN MY HOUSEHOLD.

, UH, FOR STORM WATER CIVIL ENGINEERING PRACTICE, THEY'RE CALLING THEM BEST MANAGEMENT PRACTICES TO AGAIN, CONTROL THAT FLOW TO PREVENT SOIL EROSION AS WELL AS FLOOD OF WATER TO IMPACT THAT ROADWAY.

AS WELL AS WE DON'T WANNA FLOOD A WATER, A WALL OF WATER RUNNING DOWN AND HITTING SAWMILL RIVER.

WE WANT TO SLOW IT DOWN AND KEEP IT AT THE THA FACILITY AS LONG AS POSSIBLE.

OKAY.

UNDERSTOOD.

THANK YOU.

ONE OTHER SIDEBAR AS WE CAME BACK TO THIS SLIDE.

SO MAINTENANCE OF THOSE GRAVITY BLOCKS AND THE JERSEY BARRIERS WOULD BE THE'S RESPONSIBILITY OR IS THAT THE TOWN'S RESPONSIBILITY? THAT WOULD BE THA OKAY.

AS PART OF THEIR OPERATIONS.

THAT'S WHY IT'S SO IMPORTANT AS PART OF THE SPECIAL PERMIT IS TO CREATE THAT FACILITY OPERATIONAL LIMIT

[00:50:01]

FAIL WOULD BE RESPONSIBLE FOR THE GRAVITY BLOCK, THE FENCE, THAT JERSEY BARRIER, AS WELL AS WAREHOUSE LANE SOUTH FOR THAT LIMITED PORTION.

'CAUSE THEIR DRAINAGE SWALE IS ON THE OPPOSITE SIDE OF WAREHOUSE LANE SOUTH.

SO THEY WOULD RESPONSE FOUL WOULD BE RESPONSIBLE FOR ALL THIS, THE ROADWAY AS WELL? YES.

YES, SIR.

JUST SO IF YOU'RE SAYING THE WATER FLOWS WEST TO EAST, YES.

THAT MEANS THE WATER WOULD GO ACROSS WAREHOUSE LANE SOUTH TO GET TO THE SWALE.

RIGHT.

NOW, IF I REMEMBER CORRECTLY, THE SWALE IS ON THE OTHER SIDE, UH, WHERE, WHERE YOU'RE PROPOSING THE 10 FOOT MINIMUM SETBACK IS WHERE YOU'VE GOT A FENCE WITH THE PAPER THING AND THERE'S A DEPRESSION, A SWALE.

SO YOU'RE MOVING THE SWALE TO THE OTHER SIDE OF THE STREET.

NO, THE THE SWELLS ALREADY THERE.

YEAH.

SO AGAIN, DO YOU HAVE ANY PHOTOS? I PERSONALLY DON'T HAVE PHOTOS WITH ME RIGHT NOW.

UM, BUT WHAT CAN I SPEAK? NOT YET.

I, I HAD TAKEN, IF YOU GUYS REMEMBER, AND SENT PHOTOS TO EVERYBODY.

I, UNFORTUNATELY I DON'T HAVE THEM ANYMORE.

MAYBE MY MEMORY MUST BE BACKWARDS.

IT'S OKAY.

YEAH, I'VE GOTTA REMEMBER 20 FOOT HALF COLLECTIONS.

THAT'S OKAY.

KEEP GOING.

I DIDN'T MEAN TO STOP.

I'LL GET A GOOGLE STREET VIEW HANDY.

LET'S CONTINUE ON.

OKAY.

IF YOU WANNA DO THAT OR, 'CAUSE I DO WANT TO TALK ABOUT JUST GENERAL, THAT OPERATING FLOOR END.

AS BRIAN DISCUSSED EARLIER, THE SITE GRADE WAREHOUSE LANE IS RELATIVELY FLAT COMING INTO THE SITE FROM THE NORTH.

SO YOU DRIVE IN FROM WAREHOUSE LANE, YOU TURN LEFT, YOU GO ONTO WAREHOUSE LANE SOUTH, THE TRUCKS COMING IN, THE INBOUND TRUCKS, THEY'RE DRIVING AT A RELATIVELY FLAT SLOPE INTO THE SITE.

UM, AND THAT'S PRETTY CONSISTENT, I WOULD SAY, UP INTO THE C STOCKPILE.

AND THEN AS BRIAN WAS MENTIONING, THE GRADE COMES UP, UH, BECAUSE THEY WANT TO COLLECT THE STORMWATER HERE, IT FLOWS.

MOST OF THE STORMWATER AT THIS SITE IS CAUGHT ON THE WEST SIDE OF WAREHOUSE LANE.

THERE'S THAT STORMWATER BMPS ALL THROUGHOUT HERE.

AND THAT'S COLLECTING THE BULK OF THE, THE STORMWATER RUNOFF.

IT WOULD BE THIS SWALE ON THE OTHER SIDE OF WAREHOUSE LANE.

SOUTH IS PRETTY MUCH COLLECTING THE NORTHERN PART WHERE THE SCALE HOUSE IS, WHERE THE GUYS GUY'S BREAK ROOM IS, THE BATHROOMS ARE, THAT'S MOST OF THIS AREA, WHICH IS RELATIVELY FLAT THAT STORMWATER FLOWS TO THIS SWALE AND GOES SOUTH TOWARDS SAWMILL CREEK.

SO THE BELOW THE BULK OF THIS LINE IS A WATER COLLECTION, A STORMWATER COLLECTION SYSTEM.

YES, THAT IS CORRECT.

AH, THAT'S, THANK YOU.

YES.

THAT'S THEIR SW THEIR STORM WATER POLLUTION ION.

THAT WAS THE CONFUSION.

YES.

BECAUSE I'M IMAGINING A DAY LIKE TODAY AND THESE TRUCKS ARE GOING ON THIS VERY ICY ROAD AND YES.

DOES THE CITY MAINTAIN THE ROAD AND THE ICE AND HAVE TO DE-ICE AND DO ALL THE, THERE WERE A LOT OF FOLLOWING UP ON WILLIAM'S QUESTIONS OF WHO'S RESPONSIBLE FOR THIS ROAD THAT'S GETTING ALL THIS ICE ON IT.

BUT NOW, OKAY, IF YOU COULD LOOK AT THIS.

YES.

THE BLUE IS THE, THOSE STORMWATER BMPS, AND YOU WOULD ACTUALLY SEE THIS HP POINT THAT MEANS HIGH POINT.

SO IT'S THIS SWALE IS REALLY ONLY TAKING THIS AREA HERE THAT STORMWATER RUNOFF.

THE REST GOES TO THIS STORMWATER B AND P, WHICH IS ONSITE RETENTION, WATER QUALITY MANAGEMENT.

OKAY.

SO IF I MAY GO BACK TO THE STOCKPILE AGAIN, THERE'S TWO TYPES OF STOCKPILES, THE UNPROCESSED MATERIAL, WHICH IS INSIDE THIS MAGENTA AREA.

AND THEN THE REST OF THE SITE, THE GREEN CIRCLED AREA AS WELL AS THE LE THE YELLOW CIRCLED AREA IS THERE ARE PROCESSED MATERIALS, UM, THOSE STOCKPILE HEIGHTS, THAT MAXIMUM ELEVATION WOULD BE MEASURED BY THAT OPERATING FROM THAT OPERATING FLOOR SURFACE.

AND, UH, PSNS IS REQUESTING THAT FAIL INSTALL PERMANENT MARKERS THAT ARE VISUAL MARKERS

[00:55:01]

DELINEATORS.

SO WHEN SOMEBODY COMES FROM THE TOWN OR THE EMERGENCY FIRST RESPONDERS, THEY'LL SEE A MARK THAT'S 30 FEET FROM THAT OPERATING FLOOR.

THERE'S A SPECIFIC TOP ELEVATION.

AND THOSE STOCKPILES CANNOT BE BUILT HIGHER THAN THAT TOP ELEVATION.

AND IT WOULD BE SET, WE WOULD WANT IT ON THE ROCK FACE FOR THE WESTERN AREA.

AND THEN THROUGHOUT THE CENTRAL AREA OF THE SITE, SOME TYPE OF RANGE POLE COULD BE A FLAG POLE, SOMETHING UP TO THA THAT THEY COULD EASILY MAINTAIN A PERMANENT FEATURE THAT WILL CONTROL THAT MAXIMUM STOCKPILE ELEVATION.

CAN I, HOW DID WE DETERMINE THE MAX, THE RECOMMENDATION FOR THE 30 FEET AS THE MAXIMUM? THE 30 FEET WAS BASED ON INFORMATION THAT THA AND THEIR TEAM PROVIDED.

WE REVIEWED IT, THEIR CURRENT OPERATIONS, UH, SUPPORT THAT 30 FEET MAXIMUM HEIGHT FOR THE PROCESS MATERIAL.

OKAY.

BUT SO I THINK ONE OF OUR BIGGEST QUESTIONS WAS THAT 30 FEET WAS KIND OF AN ARBITRARY LIMIT, IF I REMEMBER CORRECTLY, THAT THE PREVIOUS OWNER PUT IN BASED ON, WELL IF YOU GUYS LEAVE AND I HAVE TO CLEAN IT UP, IF I DON'T LET YOU HAVE IT MORE THAN 30 FEET HIGH, I CAN THEN CLEAN IT UP AND IT WON'T BE A BIG DEAL.

BUT I, I THINK WHAT WE'RE LOOKING FOR IS THE, FROM THE SAFETY AND A SCIENCE AND A DATA PERSPECTIVE, HOW ARE WE RECOMMENDING THAT SAME 30 FEET? BECAUSE IT WASN'T BASED ON SCIENCE OR DATA.

YES.

SO THE 30 FEET, BASED ON THE LAST SIX MONTHS OF REVIEWING OF THEIR OPERATIONS, PS AND SS ARE EXPERIENCED THAT 30 FOOT HEIGHT IS APPROPRIATE FOR THEIR TYPE OF PROCESS MATERIAL THAT THEY'RE MANAGING AT THIS FACILITY.

OKAY, BUT WHY 30 FEET VERSUS 25 OR 40 OR 50 FOR THE PROCESS MATERIAL? IT'S ALL ABOUT GEOMETRY.

IF THEY HAD A BIGGER FACILITY, SURE THEY COULD GO 50 FEET OR 60 FEET.

THE PROBLEM IS IT'S ONLY THREE ACRES, SO THEY'RE CONSTRAINED.

SO A 30 FEET PILE IS APPROPRIATE FOR THIS FACILITY AND OUR TENT FOOT SETBACK REQUEST SUPPORTS THAT.

AND THAT 30 FOOT STOCKPILE IS APPROPRIATE FOR HERE BASED ON ENGINEERING THE TYPE OF MATERIAL THAT RECYCLED THE CONCRETE, THAT SOIL TYPE OF MATERIAL, THE ASPHALT THAT THEY SEGREGATE AND THEN THEY SHIP IT ELSEWHERE TO BE PROCESSED.

SO IF I UNDERSTAND, UH, CORRECTLY THAT THE HIGHER YOU GO, THE WIDER THE STOCKPILE BECOMES.

CORRECT.

AND WITHIN A THREE ACRE SITE, OR NOT SITE A THREE ACRE WORKING AREA, YOU CAN ONLY HAVE SO MANY STOCKPILES THAT ARE 30 FEET IN HEIGHT.

IF YOU HAD A 50 FOOT HIGH, I SEE YOU NODDING YOUR HEAD.

THAT'S GOOD.

.

IF YOU HAVE A 40 FOOT HIGH STOCKPILE, THEN THE DIAMETER IS GONNA BE WIDER AND THEN YOU'LL RUN OUT OF LIKE WORKING SPACE LIKE ROADWAYS AND CORRECT.

YOU WOULD RUN OUT OF, FOR LACK OF BETTER WORDS, REAL ESTATE.

SO THE HIGHER YOU GO, THE WIDER THE STOCKPILE HAS TO BE.

AND THAT CONSTRAINS YOUR MOVEMENT.

OUR REQUEST FOR THE 10 FOOT SETBACK, OUR REQUEST, THE REQUIREMENT FOR A 20 FOOT, 24 FOOT WIDE OPERATIONAL LOOP THROUGH THAT FACILITY WILL CONSTRAIN THEIR OPERATIONS AND THAT THEN LEADS TO THE SCIENCE AND THE APPROPRIATENESS OF A 30 FOOT TALL STOCKPILE.

OKAY.

IF, IF I COULD, IF ADD IN A, MAYBE A SOMEWHAT LAY PERSON'S PERSPECTIVE, AGAIN, I'M, I'M NOT THE ENGINEER HERE, UH, BUT IN, IN SOME WAYS I THINK WE BEGAN WITH SEEING HOW THEY OPERATED.

UM, AND IF YOU, AS I UNDERSTAND IT GOING BACK THROUGH THE RECORD HERE, THESE HEIGHTS HAVE BEEN, WHAT SALE HAS BEEN TRYING TO, UM, INDICATE THAT IS OPERATIONALLY THE WAY THEY, THEY'VE BEEN WORKING FOR, FOR YEARS.

UM, I THINK THE ANGLE WE BROUGHT TO IT WAS, IS IT, IS IT COMPATIBLE WITH THE, THE, THE SIZE OF THE PROPERTY? UM, THE ABILITY FROM MY PERSPECTIVE, THE ABILITY OF THE PROPERTY TO ACCOMMODATE THAT INTENSITY.

I KIND OF THINK OF STOCKPILES IN SOME WAYS AS, AS A MEASURE OF THE INTENSITY OF THE USE.

UM, IS THAT INTENSITY APPROPRIATE FOR THE SITE? AND OUR GENERAL CONCLUSION HAS

[01:00:01]

BEEN WITH SOME ADJUSTMENTS.

YES.

UM, OPERATIONALLY IT SEEMS TO FUNCTION, UM, APPROPRIATELY.

UM, THERE ARE SOME PERIMETER ISSUES THAT, THAT, THAT HAS BEEN RAISED BY THE, THE TOWN AND, AND, AND I THINK WE OBSERVED SOME OF THEM DIRECTLY.

SO, UH, THEY, THEY ARE, UM, FACTORS THAT WE, UH, UH, CONSIDERED IN EVALUATING WHETHER OR NOT THESE, UM, THE WAY THE OPERATION HAS BEEN CONDUCTED IS APPROPRIATE FOR THE SITE.

AND, AND WE'VE, UM, IN, IN THAT REGARD, LOOKED AT INTRODUCING SOME, UH, CONTROLS, FOR LACK OF A BETTER TERM, AT THE PERIMETER OF THE OPERATION, UH, REALLY TO, TO SORT OF TIGHTEN UP SOME ELEMENTS OF THINGS THAT, THAT, UM, YOU KNOW, WERE, UM, IN OUR PROFESSIONAL, UH, JUDGMENT, UM, GOOD PRACTICES MADE BETTER.

UM, I DON'T WANT TO OVERLY REPRESENT, UM, THE ENGINEERING HERE, BUT, UM, I THINK THAT'S, THAT'S THE APPROACH AS, AS I OBSERVE THIS PROCESS MOVE FORWARD AND THE DISCUSSIONS THAT ENGINEER TO ENGINEER, UH, AND, AND CODE ENFORCEMENT, THE DISCUSSIONS THAT WE HAD, UH, WITH THA AND, AND WITH THE TOWN IN ORDER TO UNDERSTAND AND IN, YOU KNOW, A SIX MONTH TIMEFRAME, HOW THIS OPERATION IS CONDUCTED, UH, WHAT THE CONCERNS LOCALLY HAVE BEEN AND, AND, AND WHAT WERE RECOMMENDATIONS THAT WE COULD MAKE, UH, TO, UM, TO ACCOMMODATE ALL THOSE INTERESTS IN A WAY, UH, THAT WAS, UH, UM, COMPATIBLE WITH A SPECIAL PERMIT STRUCTURE FROM THE STANDPOINT OF THE, THE ORDINANCE.

UM, AND, UH, YOU KNOW, I I, I'LL BE VERY FRANK, I, I THINK I WALKED IN, IN SOME WAYS AT THE BEGINNING OF THIS WONDERING IF THEY WEREN'T OPERA, UH, CONDUCTING AN OPERATION THAT NEEDED IN GIANNI'S TERMS MORE REAL ESTATE.

BUT AS I, AS WE, AS WE DUG INTO THIS AND YANOS, UH, UH, DID HIS ENGINEERING EVALUATIONS AND, AND WE OBSERVED AND WE LISTENED AND THOUGHT THROUGH THESE THINGS, I THINK WE, WE WERE ABLE TO, UM, AND THIS IS THE SOMEWHAT GETTING TO THE PUNCHLINE, I GUESS WE WERE ABLE TO CRAFT, IN OUR OPINION, UH, SOME, SOME SPECIAL CONDITIONS THAT THE BOARD CAN CONSIDER THAT, UH, AS A PLANNER I VIEW AS, AS APPROPRIATE TO, UH, UH, MANAGE THE INTENSITY OF THE OPERATION SO THAT OFFSITE IMPACTS, UM, AND SAFETY CONCERNS AND CONSIDERATIONS, UH, WOULD BE ACCOUNTED FOR IN A WAY THAT, THAT, UH, MET.

UM, I THINK, AS I SAID AT THE BEGINNING, EVERYBODY'S INTERESTS IN HEALTH, SAFETY, PUBLIC WELFARE, THOSE KINDS OF THINGS.

SO, UM, THAT'S, I, I'M, I'M KIND OF TRYING TO TAKE A, A PLANNER'S ROLE IN THIS AND, AND INTEGRATE THIS INFORMATION AND, AND PRESENT IT IN, IN, IN LANGUAGE AS OPPOSED TO STRICT STANDARDS AND, AND, AND ENGINEERING TERMS, UH, THAT BOTH OF OUR PROFESSIONS OFTEN LAND ON.

UH, BUT THAT'S ESSENTIALLY THE PROCESS WE USE TO YOUR QUESTION ABOUT WHY NOT 25, WHY NOT 40 OPERATIONALLY THIS IS WHAT THEY WERE, THEY WERE WORKING WITHIN.

SO I, I THINK OPERATIONALLY IT WAS PART OF A CONDITION THAT WAS SET PREVIOUSLY, BUT IF MY RECOLLECTION, RECOLLECTION, RECOLLECTION, , IF I REMEMBER CORRECTLY, THEIR PILES WERE CONSISTENTLY HIGHER THAN 30 FEET AND THEY WERE ASKING FOR MORE THAN 30 FEET.

I DON'T KNOW WHERE YOU GUYS STAND IF YOU'RE ALIGNED ON THIS TODAY, BUT THIS IS ONE OF THE BIG QUESTIONS IS KNOWING WHERE THE 30 FEET CAME FROM, HOW DO WE GET TO THAT NUMBER IN A RECOMMENDATION? AND MAYBE THA WILL ANSWER THAT WE WILL QUESTION FOR US.

OKAY.

WE WERE HAPPY TO WHENEVER YOU WOULD.

OKAY.

I THINK BECAUSE THEY HAD PROVIDED IN ADDITION, YOU KNOW, WHICH IS PART OF WHY WE REQUESTED TO HAVE, 'CAUSE WE'RE NOT EXPERTS IN THIS SPACE AT ALL, IS TO HAVE PEOPLE COME AND, YOU KNOW, UH, MORE OF A NEUTRAL PARTY, UH, TO DO THIS.

BECAUSE THAT WAS ONE OF THE BIG QUESTIONS WE HAD WAS LIKE, ON THESE MEASURES, YOU KNOW, IF ONE SIDE IS PRESENTING DATA AND THE OTHER SIDE IS PRESENTING DATA, LIKE HOW DO WE ALIGN THIS? YOU KNOW, AND I THINK THE OTHER THING IS, IS, UM, YOU KNOW, WHEN YOU LOOK AT THE HEIGHT PILES,

[01:05:01]

OBVIOUSLY THERE ARE A LOT OF SAFETY CONCERNS BECAUSE THEY'RE NOT AT GROUND LEVEL.

THEY'RE HIGHER AT THE PLATFORM LEVEL WHEN YOU HAVE AN EMERGENCY AND THE FIRE DEPARTMENT HAS TO GO LIKE THIS WITH A LADDER AND GET UP THERE, LIKE, IS THERE ENOUGH ROOM? SO I THINK THOSE ARE SAFETY CONCERNS ALSO IS PART OF THAT.

AND I I'M ASSUMING WE'RE GOING HEAR FROM POTENTIALLY THE FIRE DEPARTMENT ALSO, JUST ONE QUICK INTERJECTION, DON, WE SHOULD LET THEM TALK ABOUT THE UNPROCESSED.

I THINK IT WILL BEGIN TO BECOME CLEAR.

OKAY.

OKAY.

BECAUSE WE HEAR THAT.

OKAY.

BUT PART OF, UH, PART OF YOUR, UH, DISCUSSION THERE, WHICH WAS REALLY SPOT ON PART OF IT THAT I THINK IS VERY IMPORTANT AND WE WERE GETTING INTO IS WE BELIEVE THAT IT'S IMPORTANT FOR THERE TO BE AN OBJECTIVE OBSERVABLE MARKER MARKERS, FRANKLY, ON THE SITE SO THAT THERE ISN'T, UM, UM, YOU KNOW, A CONSTANT DEBATE ABOUT WHETHER OR NOT THAT PILE'S 25 FEET OR 45 FEET.

UM, AND, AND PART, AND AND THERE'S ELEMENTS OF THIS THAT, THAT, YOU KNOW, I THINK WE'RE, THAT ARE GONNA NEED TO BE WORKED THROUGH IN A FORM BEYOND THE SPECIAL PERMIT, UM, IN, IN THE FORM OF A SITE PLAN, UM, THAT GO TO OTHER ELEMENTS OF THE CODE.

YOU KNOW, WE, WE, WE DIDN'T MAKE OURSELVES EXPERTS IN, IN THE ENTIRETY OF, OF THE TOWN OF GREENBURG'S CODE.

UM, THAT'S BEYOND WHAT WE NEEDED TO DO, BEYOND WHAT WE WERE ASKED TO DO.

UH, BUT THERE IS A, THERE, THERE'S, THERE'S PROVISIONS IN THE CODE REGARDING HOW YOU MEASURE HEIGHT THAT WORK THAT THAT NEED TO BE WORKED THROUGH.

AND YOU KNOW, SO YOU HEAR US USING THE WORD ELEVATION AS MUCH AS THE WORD HEIGHT, AND IT'S BECAUSE OF, OF THE, THE CONSTRUCTED PLATFORM THAT THEY'RE SITTING ON AND THE, AND THE QUOTE UNQUOTE PERMANENCE OF THAT, THAT WE NEED TO WORK ON SOME OF THIS LANGUAGE SO THAT EVERYBODY CAN HAVE A COMMON GROUND IN UNDERSTANDING, YOU KNOW, WHAT'S GOING ON HERE AND WHAT THE CODE REQUIREMENTS ARE.

UH, BUT ULTIMATELY WHAT WE'RE LOOKING TO DO IS, IS IS HAVE OBJECTIVE CRITERIA THAT ARE READILY, UH, OBSERVABLE, MEASURABLE SO THAT, UM, UH, SO THAT THIS, THIS OPERATION CAN MOVE FORWARD IN A WAY THAT IS WITHIN THE, THE STRICTURES OR STRUCTURES, I'M NOT SURE THE RIGHT WORD THERE, THAT THE, THE TOWN, UM, IS GOING TO IMPOSE ON THE USE THROUGH THE SPECIAL PERMIT.

SO THERE'S, THERE ARE SOME, UM, YOU KNOW, THIS IS THE NON-ENGINEERING PART OF IT IN SOME WAYS, UH, BUT THE ENGINEERING OF IT IS, IS, IS REALLY IMPORTANT AND HAS BEEN TO YOUR POINT, EVALUATED IN A, IN A, UH, IN A STRUCTURED WAY, UH, SO THAT WE CAN SIT HERE, UH, AS PSNS AND SAY, WE BELIEVE THESE HEIGHTS ARE SAFE AND WORKABLE WITH THE, WITHIN THE, THE OVERALL PICTURE OF, OF, UH, THE SPECIAL PERMIT CONDITIONS AND SOME THINGS THAT ARE GONNA BE RESOLVED ONCE THE DESIGN TAKES THESE PARAMETERS AND, AND LAYS 'EM OUT IN A PLAN, UH, THAT, UH, CAN THEN BE VETTED BY, BY THE TOWN, UH, IN AT THAT LEVEL OF DETAIL.

SO IT'S, UM, THIS, THIS IS SORT OF SETTING THE TABLE FOR, UH, YOU KNOW, SOME FURTHER DESIGN WORK, UH, TO, TO PROVE OUT HOW ALL OF THIS IS GONNA FIT ON THE SITE.

UM, AND I I, I THINK FROM MY UNDERSTANDING OF, OF, OF HOW THIS PROCESS IS, IS BEING SET UP WITH IN, IN THE TOWN OF GREENBURG, UH, THIS IS, THIS IS, THIS IS A SUBSTANTIAL STEP DOWN THE ROAD.

IF, UH, IF THIS, IF THIS SPECIAL PERMIT CAN BE RESOLVED IN A WAY THAT ALL THE PARTIES ARE SATISFIED WITH, UH, THEN SOME, SOME OTHER DESIGN WORK'S GONNA NEED TO BE DONE.

AND, AND, AND THAT'LL NEED TO BE EXPLAINED, UM, UH, IN TERMS OF HOW IT WORKS AND HOW IT COMPLIES WITH OTHER ELEMENTS OF THE CODE.

I I'M HAPPY YOU SAID THAT PART.

SORRY, DIDN'T MEAN TO CUT YOU OFF.

OKAY.

THE LANGUAGE THAT YOU USE, AND I'M GONNA USE LEWIS'S WORDS, UM, IN TERMS OF OUR PEDESTRIAN UNDERSTANDING, AND I WAS GONNA LEAD TO THAT, BUT YOU SAID IT IN YOUR STATEMENT, WHETHER WE TALK ABOUT, I'M SURE WE'RE GONNA GET TO THIS AT SOME POINT, SO I'LL JUST THROW IT OUT THERE NOW, WHETHER IT BE THE ANGLE, REPOSE, WHATEVER THOSE ISSUES ARE, THE QUESTION I THINK THAT EVERYONE IS REALLY JUST ASKING IN TERMS OF HOW YOU GOT TO 30 FEET OR HOW DID THAT, THAT CAME FROM 30 VERSUS 40 VERSUS 20.

THE MAIN ISSUE IS WITH JUST EVEN THE NATURE OF THIS BUILD OF THIS BUSINESS, YOU KNOW, IF YOU'RE SOMEONE THAT CLEANS

[01:10:01]

SKYSCRAPERS, THERE'S AN INHERENT DANGER WITH SCALING THE SIDE OF A BUILDING.

YOUR OPINION.

WHAT YOU SAID JUST NOW WAS THAT OPERATIONALLY IT IS SAFE AT THOSE PILE HEIGHTS.

I, AND AGAIN, I'M SAYING RELATIVELY UNDERSTANDING THE NATURE OF THE BUSINESS, UM, BECAUSE WE DON'T KNOW.

UNDERSTOOD.

YES.

SO OPERATIONALLY, A 30 FOOT UNPROCESSED, EXCUSE ME, A 30 FOOT PROCESSED STOCKPILE HEIGHT IS APPROPRIATE FOR THIS FACILITY.

THIS FACILITY, AGAIN, 'CAUSE IT'S CONSTRAINED.

AND WITH OUR ADDITIONAL MEASURES OF THAT 10 FOOT WIDE SETBACK, THAT ADDITIONAL GRAVITY BLOCK PROVIDES THAT BELT AND SUSPENDERS APPROACH TO ENSURE PUBLIC SAFETY.

WHEN YOU SAY CERTAIN THINGS, I'M JUST JOTTING DOWN.

SURE.

SO BELT AND SUSPENDERS APPROACH, BUT GO AHEAD.

THAT BELT AND SUSPENDERS APPROACH AGAIN FOR HOLD DOWN.

SO OUR REQUEST FOR THAT ACCESS ROAD, UM, WILL HELP FAIL, DEVELOP A FINAL SITE PLAN FOR THEIR VEHICLE MOVEMENTS, THEIR INBOUND TRUCKS THROUGH OUTBOUND TRUCKS, THEIR PROCESSED STOCKPILES.

UM, THE ASK WOULD BE A 30 FOOT BASED ON THAT ULAR REPOSE BASED ON STABILITY, IT'S WORKING AND BASED ON THEIR SMALL FOOTPRINT, IT'S STILL APPROPRIATE A 30 FOOT TALL STOCKPILE FOR THE UNPRO, UH, FOR THE PROCESS MATERIAL.

UH, THE UNPROCESSED MATERIAL WE COULD TALK ABOUT NOW OR IN A LITTLE BIT.

I, I JUST WANT TO AGAIN SURE.

EMPHASIZE THAT THERE'S SOME DESIGN WORK LEFT TO BE DONE ON THIS.

UH, BUT WE DO BELIEVE THAT THESE BROAD PARAMETERS, YOU KNOW, GIVE, YOU KNOW, SET THE TABLE ANOTHER THING TO, YOU KNOW, BELT AND SUSPENDERS, , UM, SET THE TABLE FOR THE DESIGN.

I'M NEED TO INTERRUPT, BUT THESE ARE BROAD PARAMETERS.

LIKE LAST NIGHT I WAS HAVING A HARD TIME SLEEPING, SO I READ THIS AND I HAD NO TROUBLE SLEEPING AFTER I, I FINISHED IT.

BUT ALL JOKING ASIDE, UM, I GUESS WE, WE SPENT A LOT OF TIME ON THIS AND THERE'S A LOT MORE TO GO.

UM, BUT I GUESS THE IMPORTANT THING IS WE'VE SET THE POINT OF GROUND ZERO, UM, BECAUSE WE HAD A DEBATE MM-HMM .

MONTHS AGO WHEN THEY WERE FIRST IN FRONT OF US AS TO, WELL THAT'S GREAT, 30 FEET HIGH, BUT WHERE DOES, WHERE'S GROUND ZERO? RIGHT? RIGHT.

BECAUSE YOU WERE SAYING THAT YOU CREATED THIS PLATFORM AND YOU COULD ALWAYS, THEY CREATED IT, WELL, I'M SORRY, NOT YOU.

THEY DID, I WAS LOOKING AT THEM.

THEY CREATED THAT PLATFORM, THEY COULD UNCREATE IT OR THEY CAN CREATE EVEN HIGHER PLATFORM AND GO EVEN HIGHER.

BUT YOU'VE BASICALLY, I THINK, UM, ANSWERED THAT PROBLEM.

AND I GUESS IF YOU'RE, IF THEY ARE IN A GREEN WITH THAT AND WE CAN MOVE ON, I, I SUPPOSE RIGHT.

SO GROUND ZERO, 30 FEET, THAT'S IN AGREEMENT WITH ALL PARTIES.

IT'S PROCESS.

RIGHT.

UNPRO, MY, MY QUESTION IS MORE IN TERMS OF PROCESS.

HOW DO WE PROCESS IS MAKING IT EASIER FOR FAIL TO COMPLY AND FOR THE INSPECTORS TO SEE IF THEY'RE COMPLYING AND I THINK TWO POLES OR WHATEVER IT IS ACROSS A THREE ACRE FACILITY OF DIFFERENT TYPES OF MATERIALS MAY NOT BE THE BEST WAY.

AND I THINK PERHAPS WE'RE SAYING IF THERE'S, YOU KNOW, ONE POLE FOR EVERY TWO OR THREE PILES, THAT WAY IN PEOPLE PUTTING THE PILES IN AND PEOPLE CHECKING THE PILES WILL MAKE IT EASIER.

THAT MAY MEAN YOU END UP WITH EIGHT BECAUSE I GOT A FEELING YOU'RE ABOUT TO SAY NOT EVERYTHING'S 30.

SO IF WE HAVE DIFFERENT, SO IT'S JUST EASIER FOR THEM TO KNOW, HEY, YOU KNOW WHAT, THAT PILE'S GETTING TOO HIGH.

WE CAN SEE IT.

IT'S NOT LIKE IT'S THREE QUARTERS OF AN ACRE AWAY OR AN ACRE AWAY AND YOU CAN'T REALLY RELATE TO IT.

THAT I WOULD CHANGE THAT RECOMMENDATION TO INCLUDE MORE MEASURING STICKS.

WELL, YOU DIDN'T, YOU DIDN'T LIMIT HOW MANY, THEY SAID TWO, TWO AREAS.

SO THE TWO REFERENCE WAS YOU WANT ONE AT LEAST UP AGAINST THE ROCK FACE 'CAUSE THAT'S A PERMANENT.

AND THEN YOU ALSO NEED THESE MEASURING STICKS.

I CALL 'EM RANGE POLES, FLAG POLES.

YOU NEED ONE, NOT ONE, BUT YOU NEED SEVERAL OF THEM.

FAIL, HAS TO COME BACK WITH THE SITE PLAN THAT PRESENTS OKAY.

APPROPRIATE LOCATIONS THAT'S NOT GONNA GET RUN OVER.

WE NEED THESE TO BE PERMANENT.

AGAIN, A RANGE POLE, A BIG MARK ON THE ROCK FACE IS SOMETHING

[01:15:01]

THAT'S PHYSICAL.

IT'S SIMPLE FOR THE RIGHT FAIL OPERATOR TO SEE.

AND THEN, RIGHT.

IT'S SIMPLE FOR THE TOWN OF GREENBERG INSPECTOR TO VISUALIZE, I WAS JUST SAYING, PUT MORE OF THEM AROUND, PUT 'EM CLOSER TO THE PILES.

MAKE IT EASY FOR EVERYBODY TO KNOW, YEAH, THAT ONE'S GOOD OR THAT ONE'S READY TO TOP OUT, YOU KNOW? RIGHT.

AND I, AND I, UH, KEPT WONDERING WHAT'S, WHAT'S, WHAT'S THE DIFFERENCE OF 30 FEET? AND THEN I REMEMBERED THAT THEY ACTUALLY HAVE, UH, FRONT LOADERS AND MACHINERY UP ON TOP OF THESE SLOPES.

UM, YOU KNOW, DUMPING STUFF IN, PICKING STUFF UP.

SO IT CAN BE A VERY, UM, DANGEROUS SITUATION IF IT'S NOT WELL CONTROLLED.

ALRIGHT, CAN WE MOVE ON? DO YOU HAVE ANYTHING ELSE? YOU MISS SITTING PATIENTLY.

.

OKAY.

SO YES.

SO PROCESS STOCK PILES 30 FEET.

THAT'S THE BULK OF THE AREA.

THE NEXT TOPIC IS THIS UNPROCESSED STOCKPILE.

THAT'S THE INBOUND TRUCKS COME IN, THEY DUMP, UH, AND THEN IT'S STOCKPILED UP AGAINST THIS ROCK FACE HERE TO THE WEST AND TO THE NORTH.

UM, THIS MAGENTA STOCKPILE, UM, CURRENTLY IS, I'VE SEEN IT BETWEEN 30 TO 40 FEET.

I UNDERSTAND THE ASK FROM THUL IS 50 FEET FOR THIS STOCKPILE.

AGAIN, THAT'S THE UNPROCESSED STOCKPILE.

UM, ACCESS ROADS WOULD NEED TO BE BUILT FOR THEIR MACHINERY TO, TO GO TO 50 FEET TO STOCKPILE THAT MATERIAL.

SO IN CONSIDERATION OF THAT, LOOKING AT THE SITE, UM, PSNS DOES NOT RECOMMEND THAT THE ENTIRE PROCESS, UH, UNPROCESSED, THE ENTIRE UNPROCESSED STOCKPILE CANNOT BE 50 FEET.

UH, BUT WE DO SUPPORT A LOCALIZED AREA UP AGAINST THE ROCK FACE 'CAUSE THAT ROCK FACE IS GREATER THAN 50 FEET TALL.

AND IT'S PROVIDING, FOR LACK OF BETTER WORDS, A WALL.

UM, THEN THIS WHITE, UH, EXCUSE ME, THIS YELLOW AREA, IT'S APPROXIMATELY A HUNDRED FEET BY A HUNDRED FEET.

YOU COULD GO TO 50 FEET IN THAT AREA.

AND THEN THE REMAINING ORANGE AREA OF THE UNPROCESSED MATERIAL WOULD NEED TO BE LOWER AT THAT 30 FOOT HEIGHT MEASURED FROM THEIR WORKING PLATFORM.

UM, SO THAT'S WHY IT WOULD FURTHER CONSTRAIN THAT IT WOULD BEING SPECIFIC ABOUT PROCESSED VERSUS UNPROCESSED.

CORRECT.

BUT THERE'S AN AGREEMENT TO THAT DIAGRAM, OR DO THEY STILL LOOK FOR 50 FEET ACROSS THAT ENTIRE AREA? THE THING YOU'RE GETTING AHEAD OF YOU.

YEAH.

YEAH.

LET, BECAUSE THEY'RE GONNA PRESENT AFTER.

SORRY.

AND WE, THE CHARACTERISTICS OF THE MATERIAL ALSO AFFECT, YES.

SO THE STOCKPILE COMPONENTS, THE UNPROCESSED MATERIAL IS A LOT DIFFERENT.

IT'S, IT'S LARGER SIZE MATERIALS.

IT'S BEING HANDLED DIFFERENTLY.

THAT IS LIMITED ACCESS.

THAT'S ONLY THA EMPLOYEE WHO'S OPERATING THAT PIECE OF YELLOW IRON.

THAT EARTHWORK EXCAVATOR, THAT PERSON TO WORK ON THAT STOCKPILE HAS TO BUILD A 15 FOOT NOMINAL WIDE ROADWAY TO WALK THAT MACHINE UP TO THAT HIGHER ELEVATION TO KEEP BUILDING THAT 50 FOOT HIGH AREA.

HE CANNOT, FROM THAT WORKING PLATFORM, HE'S NOT REACHING 50 FEET IN THE AIR.

HE HAS TO WALK UP 20, 30 FEET TO THEN CREATE A SMALLER STOCKPILE UP AGAINST THAT ROCK FACE.

AND, AND YOU DON'T MEAN LITERALLY WALK, I MEAN, THERE ISN'T WALKING WALK MACHINE.

WELL, THEY'RE WALKING, WALKING THE MACHINE TRUCKS AND, AND MACHINERY, NOT TRUCKS, JUST THE BIG EARTHWORK EXCAVATORS TRUCKS.

AND I'D LIKE FOR, UH, FAIL TO CONFIRM THAT.

BUT TRUCKS ARE NOT DRIVING UP TO THE TOP OF THIS.

THE INBOUND TRUCKS WOULD DUMP BASICALLY AT THE EDGE OF THE ORANGE AREA.

AND THOSE LARGE EXCAVATORS THEN PICK UP THAT MATERIAL AND THEY'RE THE ONES LIFTING IT UP AND CREATING THAT STOCKPILE.

OKAY.

BUT ONCE HE GETS ABOVE HIS LIFT HEIGHT, HE NEEDS TO BUILD A ROAD TO GET TO THAT LIFT HEIGHT.

AND THEN HE'S HOPSCOTCHING IT, FOR LACK OF BETTER WORDS, TO GET HIGHER.

SO HE'S CREATING HIS OWN LIMITING BENCHES TO GET TO THAT 50 FOOT HEIGHT.

AND THAT IS PUTTING, THE WAY THEY BUILD IT, THEY HAVE TO ALWAYS GO AWAY FROM WAREHOUSE LANE.

[01:20:01]

SO UNDER THIS PROPOSAL THAT 50 FOOT STOCKPILE WOULD BE OVER A HUNDRED FEET AWAY, WHICH WOULD BE A FACTOR OF SAFETY OF TWO FROM WAREHOUSE LANE.

AND I THINK I HEARD SHAUNA MENTION THE FACT THAT THE CLIFF HEIGHT ITSELF IS HIGHER THAN 50 FEET.

SO IT, A 50 FOOT STOCKPILE HEIGHT DOESN'T BECOME A VISUAL.

UM, NUISANCE.

NUISANCE.

THAT WHERE I WAS GOING.

YEAH, CORRECT.

BECAUSE THE SLOPE ABOVE 50 FEET, YOU HAVE THE VEGETATED SLOPE.

KEEP GOING.

HIGHER UP.

I DON'T HAVE THE WHOLE SNIPPET.

I'M GONNA QUICKLY JUMP HERE.

OKAY.

YOU'RE UPWARDS OF, SO TWO 30 IS THE TOP OF YOUR ELEVATION.

TWO 30 IS THE TOP OF YOUR ROCK WALL.

YOU'RE GOING UP TO 303 0 8 FOR SAWMILL RIVER PARKWAY.

SO THERE'S A BIG WOODED SLOPE ABOVE THAT.

SO THE VISUAL CORRIDOR IS BLOCKED.

OKAY.

I GUESS, I GUESS YOU CAN MOVE ON.

OKAY.

AND AGAIN, WITH THIS CONCEPT, THIS SKETCH SHOWS KIND OF HOW THAT STOCKPILE WOULD LOOK.

THIS WOULD BE WAREHOUSE LANE SOUTH HERE YOU HAVE YOUR OPERATIONS SHACK, YOUR INTERNAL OPERATIONS ROAD, THAT MINIMUM 24 FOOT WIDE ROAD, YOU WOULD HAVE THAT LOWER UNPROCESSED STOCKPILE FOR AT LEAST A HUNDRED FEET.

AND THEN YOU WOULD HAVE YOUR TALLER 50 FOOT STOCK PILE UP AGAINST THE ROCK FACE AND STILL ABOVE.

THAT'S YOUR VEGETATED SLOPE.

AND AGAIN, AS YOU FOLKS TALKED ABOUT THE ANGLE OF REPOSE, THEY NEED SPACE TO CREATE THAT.

SO THE 50 FOOT IS PRETTY MUCH UP AGAINST THAT ROCK FACE.

AND IT'S SLOPING DOWN GRADUALLY TO 30 FOOT AND THEN DOWN TO W HAS LANE SOUTH.

AND, AND FOR OUR KNOWLEDGE BASE, THERE WOULDN'T BE A TIME, 'CAUSE THIS IS OTHER THING THAT I THINK WE CAME UP AS A QUESTION.

I'M GONNA SAY DERRICK, 'CAUSE I DON'T KNOW THE RIGHT WORD.

OR SHOULD I SAY, OH GOD, YOU GAVE ME THE LANGUAGE BEFORE.

THERE WOULD NOT BE EQUIPMENT PHYSICALLY A HUNDRED FEET IN THE AIR.

I MEAN ABOVE, I MEAN IN A 50 FOOT ZONE.

WOULD THERE EVER BE EQUIPMENT ABOVE THAT? ABOVE, ABOVE 50 FEET? RIGHT.

IN MY UNDERSTANDING WOULD BE NO, NO EQUIPMENT.

THE EQUIPMENT WOULD BE IN THIS 30 FOOT LOWER ZONE.

OKAY.

AND THEY'D BE LIFTING IT UP.

THE BUCKET WOULD BE OPERATING RIGHT.

BUT THE ACTUAL OPERATOR, THE MACHINE IS DOWN IN THIS 30 FOOT ZONE.

OKAY.

AND THEY'RE LIFTING THE MATERIAL HIGHER UP.

AND THEN WHEN THEY NEED THAT MATERIAL, THEY RAKE IT DOWN TOWARDS THEM.

BECAUSE I GUESS ONE OF OUR CONCERNS BEFORE IT NOT TO CUT YOU OFF, IS THAT SURE, YOU KNOW, GOD KNOW, GOD FORBID THERE WAS A PIECE OF EQUIPMENT UP THERE, OPERATOR GETS STUCK UP 50 FOOT.

NOW WE GOTTA FIGURE OUT HOW OUR FIREMEN AND OTHERS ARE GONNA GET THERE TO RESCUE THAT PERSON ON THE TOP OF THAT 50 FOOT PILE.

I THINK THAT WAS ONE OF OUR CONCERNS BEFORE.

OKAY.

BUT THANK YOU.

YES.

THE OPERATIONS WOULD BE MORE ON THAT 30 FOOT, THAT'S WHERE YOUR EXCAVATOR WOULD BE.

OKAY.

MANAGING AND BUILDING THAT HIGHER AREA.

ALRIGHT.

AND THIS AGAIN, WE WERE TALKING ABOUT THOSE, UH, UH, THOSE MONITORING POINTS.

THIS IS THAT RANGE POLE YOU WOULD'VE MARKS HERE ON THE WALL.

AND THEN THROUGHOUT THE SITE YOU WOULD'VE, YOUR RANGE POLES MARKING OUT WHERE THESE ELEVATIONS NEED TO BE, THESE ABSOLUTE ELEVATIONS.

AND AGAIN, IT'S UP TO FAIL TO COME UP WITH THE FINAL DESIGN, BUT SOME TYPE OF VISUAL.

SO WE HAVE TWO COLORS.

WHAT'S 30 FOR THE PROCESS AND 50 FOR THE UNPROCESSED WAY IN THE BACK CORNER.

COULD I POSE A QUESTION? I, IT MIGHT HELP, AND THIS MAY BE MORE FOR FAIL, MAY BE FOR YOU.

BUT HOW DOES THIS CONCEPT, IN YOUR OPINION, VARY FROM WHAT, HOW THEY'RE CURRENTLY OPERATING IN THIS SPACE OR NOT? OR DOES IT? THE SHORT ANSWER IS, I'D HAVE TO LOOK AT THE FACILITY TODAY, BUT ON OUR JU JULY AND AUGUST, 2024 SITE WALKS, THEY WERE NOT UP AT 50 FEET.

THEY WERE BELOW THAT.

UH, I DIDN'T HAVE A TAPE MEASURE OR SURVEY EQUIPMENT, BUT THEY WERE IN THAT 30 TO 40 FOOT RANGE OF ONLY THE UNPROCESSED MATERIAL UP AGAINST THAT BACK WALL.

THAT'S WHAT PSNS OBSERVED IN AUGUST.

DID I ANSWER YOUR

[01:25:01]

QUESTION, GARRETT? YES.

THANK YOU.

SORRY ABOUT THIS WINSOME WALKED BY.

SHE SAID HELLO.

THAT'S OKAY.

I APOLOGIZE.

RIGHT.

SO I BELIEVE I COVERED MY BIG SALIENT POINTS.

YES.

THERE'S 18 CONDITIONS.

WE, WE TRIED TO SIMPLIFY THEM, COME UP WITH APPROPRIATE TIMEFRAMES FOR THAT SITE PLAN SUBMISSIONS, UH, APPROPRIATE TIMEFRAMES.

A BIG THING FOR PSNS IS IN ADDITION TO THE PERIMETER SECURITY MEASURES, WE NEED THIS EMERGENCY RESPONSE PLAN.

SO THE TOWN OF GREENBURG, THEIR GREAT FIRST RESPONDERS KNOW WHAT'S THERE AND HOW TO RESPOND AND WHERE THEY CAN RESPOND TO.

SO WE THINK THAT'S VERY IMPORTANT.

AND WE WANT THE, WE PROPOSE CERTAIN TIME PERIODS TO PREPARE THE NECESSARY SITE PLAN.

'CAUSE THAT GOES FIRST.

ONCE THEY HAVE A SITE PLAN THAT EVERYBODY AGREED TO, THEN THEY COULD BUILD THAT EMERGENCY RESPONSE PLAN.

THEY COULD BUILD THEIR UPDATED STORMWATER BMPS.

AND, UM, PLUS IT ALL GOES BACK TO COMPLIANCE, THE SPECIAL PERMIT CONDITIONS.

WE WANTED TO CREATE LANGUAGE THAT COULD BE READILY REVIEWED AND FOLLOWED.

20 26, 20 28, AS THEIR FACILITY OPERATIONS CONTINUE, WE WANT TO MAKE SURE THAT THERE'S SOMETHING THAT COULD BE READILY REVIEWED, ASSESSED WITH THOSE RANGE POLES FOR STOCKPILE HEIGHT, THE STORMWATER BMPS, THAT 10 FOOT ACCESS ROAD.

WE WANTED PERMANENT MARKERS, PERMANENT FACILITIES TO HELP GUIDE AND HELP CONTROL THE TOWN OF GREENBERG'S INSPECTORS.

SO, UM, WHAT ABOUT THE TRUCK WASH? THE TRUCK WASH, THAT'S A BIG CONCERN OF PS AND S'S.

WE IDENTIFIED IN THE BEGINNING, SOMETHING NEEDS TO GET DONE.

RIGHT NOW, THE TRACK DUST AND MUD IS NOT APPROPRIATE.

IT, IT'S A SAFETY CONCERN IN THE WINTER.

IT'S ICING IN THE SUMMER, IT'S DUST POTENTIALLY, UH, IMPACTING A DRIVER DRIVING DUST KICKING UP.

SO IMPROVEMENTS NEED TO BE MADE ONCE THAT SITE PLAN, THAT'S SOMETHING THEY HAVE TO ADDRESS.

THEY ALL HAS TO ADDRESS IN THEIR SITE PLAN WHAT THE APPROPRIATE MEASURE NEEDS TO BE TO PROPERLY KNOCK OFF THE DUST OFF THOSE TIRES, KNOCK OFF THE MUD, OFF THOSE TIRES.

SO IT'S NOT BEING TRACKED ON TO THE ROADWAY.

IS IT A TRUCK WASH? IS IT LARGER RUMBLE STRIPS? THAT'S FAILS DECISION TO WORK WITH THEIR ENGINEERS TO COME UP WITH THAT ADDITIONAL BEST MANAGEMENT PRACTICE TO PREVENT THAT TRUCK TIRE TRACKING OF THE DUST AND MUD.

SO THE ONLY REASON WHY I'M BRINGING IT UP IS BECAUSE YOU'RE SUGGESTING THAT WE INCLUDE THAT IN OUR, UH, SPECIAL CONDITIONS.

YES, CORRECT.

A TRUCK WA UH, A TIRE WASH OR TRUCK WASH AS PART OF THEIR STORMWATER BMPS.

YES, THAT IS CORRECT.

SO THEN I'LL ASK, UH, PHIL, WHEN THEY, WHEN IT'S THEIR TURN, IS THAT SOMETHING THAT THEY CAN READILY DO? BUT I'M JUMPING AHEAD.

OKAY.

SO I, I HAVE A QUESTION ABOUT, UM, SOMETHING A LITTLE BIT DIFFERENT THAT'S MENTIONED SLIGHTLY, BUT NOT DEALT WITH, WHICH IS TOXIC RUNOFF, UM, FROM, THEY SAY SOME OF THE ASPHALT THAT'S BEEN ON THE ROADWAY HAS ALL THE GAS AND EVERYTHING FROM THE CARS AND ALL OF THAT, AND THERE ARE OTHER MATERIALS.

I'M JUST WONDERING WHAT THE ENGINEERING RECOMMENDATIONS ARE REGARDING DEALING WITH THE POTENTIAL TOXIC RUNOFF FROM ALL THESE PILES? OR IS THAT SOMETHING THAT'S OUTSIDE YOUR SCOPE AND AS PART OF THE RUNOFF PLAN? BUT I HEAR TOXIC MENTIONED AS A PROBLEM, BUT I DON'T SEE IT MENTIONED IN ANY SOLUTIONS THAT CAME FORWARD THAT MAY ALSO BE IN THE BLUE THINGS.

UM, I DON'T KNOW.

SO THE WORD TOXIC IS INAPPROPRIATE FOR THIS APPLICATION, THIS MATERIAL.

THEY'RE BRINGING IN MATERIAL FROM GENERAL CONSTRUCTION OPERATIONS.

UM, I WOULD LIKE FAIL TO ANSWER HOW THEY CONTROL THAT INCOMING INBOUND TRUCK FLOW.

BUT FROM WHAT PSNS OBSERVED, THEY'RE BRINGING IN FROM TYPICAL CONSTRUCTION PROJECTS IN CITY STREETS.

UM, THEY'RE MANAGING THAT ASPHALT, THEY'RE MANAGING CONCRETE PSNS.

WE DID ASK, IN THE EVENT THAT SOMEBODY TRIED TO BRING IN A TOXIC LOAD OF GREEN

[01:30:01]

GLOWING SOIL , WHAT'S THOUSAND, UH, FAILED RESPONSE.

THEIR RESPONSE IS AT THAT TRUCK SCALE, WHEN THE TRUCK COMES IN, THEY'RE INSPECTING EACH AND EVERY TRUCK.

SO IF THEY SEE GREEN GLOWING GOO IN THAT TRUCK, THEY'RE GONNA REJECT THE TRUCK RIGHT AWAY.

FOR SOME REASON, IF IT BYPASSES THAT AND IT GETS DUMPED FAIL REPRESENTED TO PSNS THAT THEY'RE STOPPING THAT TRUCK AND THAT GREEN TOXIC MATERIAL WOULD BE THEN LOADED BACK IN THAT TRUCK AND THAT TRUCK WAS REJECTED, WOULD BE REJECTED.

RIGHT.

I, I REMEMBER DALE SAYING THAT THEY DID A VISUAL INSPECTION.

YES.

BUT THERE WAS NO ACTUAL TESTING OF THE TRUCKS.

IT WAS JUST, IF IT'S NOT GREEN AND GLOWING, IT WOULDN'T GET STOPPED.

BUT I WAS TRYING TO SIMPLIFY IT, BUT NO, YEAH, YEAH, I GET IT.

UM, BUT, BUT MY CONCERN IS, IS SAME THING EXCEPT WHEN IT'S NOT GLOWING.

BUT YOU'RE SAYING THAT'S NOT PART OF WHAT YOU LOOKED AT.

SO WE DID LOOK AT IT OVERLY FROM AN ENVIRONMENTAL POINT OF VIEW AND THE TYPE OF FACILITY THEY ARE, WHAT THEY'RE ACCEPTING, THEY'RE VISUALLY INSPECTING THOSE TRUCKS.

THEY DON'T WANT THAT MATERIAL.

UH, 'CAUSE IT'S NOT A BENEFICIAL REUSE.

IF THEY'RE GONNA SEE MATERIAL WITH OILS AND TARS, THEY WOULD REJECT IT.

THE CONCRETE IS AN INERT MATERIAL.

THEY'RE PROCESSING IT ON SITE.

THEY'RE CRUSHING IT, THEY'RE SCREENING IT, AND THEY'RE SENDING IT BACK TO THE MARKET.

THE ASPHALT ITSELF FAIL AT THIS FACILITY.

ALL THEY'RE DOING IS SCREENING IT OUT OF THE INBOUND TRUCKS AND THEN IT'S LOADED INTO A FAIL TRUCK TO GO TO A DIFFERENT FACILITY FOR PROPER RECYCLING.

WHAT IS, WHAT IS, WHAT IS SCREENING? SCREENING IS? SO SCREENING IS WHAT'S THE INBOUND TRUCKS HAVE SOIL, HAVE CONCRETE AND ASPHALT ALL IN ONE MIX.

OKAY.

SO THEY'RE USING SCREENS ON SITE, DIFFERENT SIZE SCREENS, LIKE A WINDOW SCREEN TO SHAKE THAT MATERIAL OUT.

AND IT'S ALLOWING THEM TO TAKE THE ASPHALT TO ONE AREA THAT CONCRETE SCREENS OUT.

OKAY.

AND THERE ALSO SEEMED TO BE A DIFFERENCE IN OPINIONS ON HOW OFTEN THE ANNUAL REPORT NEEDED TO BE DONE.

UH, I THINK THE TOWN RECOMMENDED ONE YEAR BAIL WANTED FIVE.

I THINK YOU CAME BACK WITH ANNUAL YES, CORRECT.

PS AND S RECOMMENDS THAT AN ANNUAL REPORT.

UM, I WOULD LIKE TO NOTE, AND I APOLOGIZE TO TALK ABOUT THE A THE ANNUAL REPORT WE INITIALLY REQUESTED BE SIGNED AND SEALED BY A NEW YORK PROFESSIONAL ENGINEER.

RIGHT.

A PE BUT AFTER FUR FURTHER CONSIDERATION, WE'D LIKE TO ANNUAL REPORT STILL REQUIRED, BUT IT WOULD NEED TO BE CERTIFIED BY A QUALIFIED ENVIRONMENTAL PROFESSIONAL.

THAT'S SOMETHING RECOGNIZED BY NEW YORK STATE DEC.

IT'S NOT NECESSARILY A PE BUT IT'S SOMEBODY THAT HAS EXPERIENCE, UNDERSTANDS THE STORM WATER, UNDERSTANDS THE FACILITY OPERATIONS.

SO WE WOULD REQUEST THAT IT'S JUST BE PREPARED BY A QEP.

IT DOESN'T HAVE TO BE A PE.

AND THE QEP IS SOMETHING RECOGNIZED BY NEW YORK STATE DC I GUESS PREVIOUSLY IT WAS ALWAYS ANNUALLY AS WELL, EXCEPT I GUESS IT DIDN'T HAVE THE AMOUNT OF RESTRICTIONS THAT THESE ARE THAT WE WOULD BE, UM, PUTTING INTO OUR SPECIAL CONDITIONS.

SO, UM, IT WAS SAYING THAT THEY WOULD HAVE TO HAVE, UH, THE ANNUAL REPORT DONE BY OCTOBER 31ST AND THEN THE TOWN HAS 30 DAYS OR A MONTH IN ORDER TO EITHER APPROVE IT OR NOT APPROVE IT.

OR IF THEY DON'T HEAR FROM THE TOWN AT ALL, THEN IT'S CONSIDERED TO BE APPROVED.

SO THE ONUS THEN IS ON THE TOWN TO RESPOND TO, UM, THIS INFORMATION FROM FAIL IN, IN A TIMELY MANNER.

OKAY.

YES.

UM, THE ANOTHER DIFFERENCE THAT WE FOUND IS, UM, IT IS THE TOWN'S VIEWPOINT THAT THE SITE IS NOT REGULATED BY THE BY ISHA.

UM, AND IT, THAT'S MINES AND SOMETHING OR OTHER.

AND IT IS THAS COMMENT AND IN CERTAINLY OTHER MEETING, OTHER MEETINGS THAT THEY ARE, THAT THAT IS WHAT APPLIES TO THEM.

[01:35:01]

AND IT WAS LIKE TO KNOW WHAT YOUR VIEW, YOUR FIRM'S VIEWPOINT IS.

IS THIS A MINE AND QUARRY OPERATION OR IS IT SOMETHING DIFFERENT THAT, SO IT'S NOT, IT DOES NOT, IT COMES UNDER OSHA AND IT COMES UNDER DEC OR ONE OF THOSE, BUT IT DOES NOT COME UNDER MISHA PS AND S'S OPINION.

THIS SITE, THIS FACILITY, WHICH IS A RECYCLING OPERATION COM, UH, WOULD BE UNDER OSHA AND NEW YORK STATE PAR 360.

AND THEY FAIL HAS A PART 360 PERMIT.

UH, AS PART OF THAT A**L REPORT, THEY WOULD HAVE TO DOCUMENT COMPLIANCE WITH THAT PART 360 PERMIT.

AND THE OSHA FOR GENERAL CONSTRUCTION PRACTICES IS APPLICABLE TO THIS FACILITY.

OKAY.

THIS IS NOT A ACTIVE MINE OPERATION.

IT'S A RECYCLING OPERATION.

IT'S MANAGING CONSTRUCTION MATERIALS.

SO OSHA CONSTRUCTION SAFETY IS APPROPRIATE.

OKAY.

AND THEN YOU'RE STATING THAT THE MINE SAFETY AND HEALTH ADMINISTRATION, YOU'RE JUST LOOK USING THEIR GUIDELINES? YES.

IT'S STILL SAFETY.

SAFETY, SAFETY IS KEY.

AND THE MINE SAFETY ADMINISTRATION GUIDELINES ARE STILL APPROPRIATE, YOU KNOW, STOCKPILES EXCAVATOR SAFETY, BUT OSHA AND THE NEW YORK STATE PART THREE, PART 360 PERMIT IS WHAT'S GOVERNING THIS RECYCLING FACILITY.

AND THERE'S THE, ANOTHER DIFFERENTIATION WAS THAT, UM, THERE WAS A DIFFERENCE BETWEEN A WESTCHESTER COUNTY AIR MISSION PERMIT AND, UM, UH, AND THE DEPARTMENT OF HEALTH CERTIFICATE TO OPERATE.

AND THAT WAS UNDER DUST CONTROL.

PAGE 16 OF YOUR REPORT.

.

OKAY, HOLD ON PLEASE.

UM, UNDER TOWN OF GREENBERG COMMENT 13, DUST CONTROL.

IT WAS CONDITION CONDITION 13.

YES.

AND THERE WERE TWO DIFFERENT PERMITS THAT WERE, WERE THAT DIDN'T YOUR, YOUR RECOMMENDATION WAS IT BE A DEPARTMENT OF HEALTH CERTIFICATE TO OPERATE? UM, YES.

THAT'S THE OFFICIAL, SO THE WESTCHESTER COUNTY DEPARTMENT OF HEALTH CERTIFICATE OPERATE, WHICH WAS DIFFERENT THAN THE AIR EMISSION PERMIT, WHICH THERE WAS SOME DOUBT WHETHER THAT THAT DIDN'T APPLY BECAUSE THAT APPLIED MORE IS, THEY'RE NOT FOR DUST, THEY'RE MORE FOR MACHINERY EMISSIONS.

SO Y SO YES, THE, IT USED TO BE CALLED THE AIR PERMIT.

SO WHEN YOU FIRST START, YOU HAVE YOUR AIR EMISSIONS AND THEN IT BECOMES A CERTIFICATE TO OPERATE.

SO THE PROPER TERM FOR WESTCHESTER COUNTY IS THEY HAVE A CERTIFICATE TO OPERATE THOSE CRUSHERS, THE SCREENERS.

WHAT'S CREATING THE AIR EMISSIONS.

WHAT, SO THE PROPER PERMIT THAT THEY HAS IS CALLED THE WESTCHESTER COUNTY DEPARTMENT OF HEALTH CERTIFICATES OPERATE, THAT'S THE PROPER TERM.

THAT'S THE NAME ON THE PERMIT.

OKAY.

OKAY.

DID THAT ANSWER YOUR QUESTION? OKAY.

YEAH.

IT WAS THERE, THERE WAS A NUMBER 13.

THERE SEEMED TO BE A DIFFERENTIATION OF WHICH PERMIT APPLIED.

OKAY.

I DON'T, I DON'T KNOW THAT THAT WOULD BE THEIRS.

I, YEAH, THERE, THERE SEEMED TO BE A TRUCK WEIGHT LIMIT DIFFERENCE OF OPINION.

AND IT BASICALLY REVOLVED, I THINK, AROUND THE ISSUES THAT HAVE COME UP WITH THE BRIDGE THAT IS RIGHT NEAR THE, NEAR THE, AND, UM, SO THE TRUCK, I'M READING, I'M READING WHAT YOU WROTE.

UM, IT, IT SEEMS LIKE YOUR OPINION WAS TRUCK WEIGHT SUPPLY.

IT'S UP TO THE TRUCK DRIVER TO FIGURE OUT WHICH BRIDGES THEY CAN AND CAN'T GO ON.

IT WASN'T STATED IN THOSE TERMS, BUT WHEREAS I THINK THE TOWN'S ORIGINAL THING IS NO, NONE OF THE VEHICLES SHOULD LEAVE THA HEAVIER THAN A BRIDGE.

A DRY, A TRUCK DRIVER MIGHT NOT REALIZE THEY CAN'T GO ON THE ONE RIGHT NEARBY, WHICH HAS A

[01:40:01]

DIFFERENT WEIGHT RESTRICTION THAN OTHER BRIDGES.

RIGHT.

THERE, THERE WAS THE PROBLEM WITH THE BRIDGE.

ANYBODY ELSE REMEMBER THAT? OKAY, WE CAN LET IT GO.

IT IT'S, UH, 15 COMMENT 15.

I UNDERSTAND THE COMMENT.

I I I'LL HAVE TO RESERVE RESPONSE ABOUT WEIGHT LIMITATIONS ON A BRIDGE NEARBY.

PS S WAS NOT TASKED WITH REVIEWING THAT, BUT THAT'S SOMETHING THAT'S RIGHT.

IT MIGHT HAVE BEEN OUT OF YOUR JURISDICTION OF WHAT YOU WERE HIRED TO DO.

BUT THE TRUCK DRIVERS YES.

THE, THE SHORT ANSWER IS THE TRUCK DRIVERS, THAT'S THEIR VEHICLE.

THEY'RE RESPONSIBLE FOR THAT WEIGHT.

THEY HAVE MEASURES ON PLACE AND FELL AS THE PERSON LOADING THE OUTBOUND TRUCK, UH, HAS MEASURES TO CONFIRM THAT THEY ARE LOADING IT TO THE PROPER WEIGHT AND THEY'RE NOT OVERLOADING IT.

AND THE DRIVER IS INFORMED OF THAT UPON DEPARTURE.

YES.

THE DRIVER IS REQUIRED TO CHECK THEIR LOAD.

I INSPECT LOAD AND THEY HAVE THE RIGHT UNDER THEIR AGREEMENTS, THEY HAVE THE RIGHT, IF THEY BELIEVE THE LOAD IS TOO HEAVY, THEY HAVE THE RIGHT TO SAY YOU'RE TOO HEAVY AND YOU NEED TO TAKE OFF MATERIAL.

GOT IT.

YES.

THANK YOU.

THE DRIVER HAS THAT.

RIGHT.

AND IT'S THEIR TRUCK.

THEY KNOW WHAT THEIR TRUCK COULD HANDLE.

GOT IT.

SO THAT WOULD BE ON THE TRUCK DRIVER.

I THINK YOU SAID SOMEWHERE THAT, UH, THIS WEIGHT LIMITATION IS ONLY, UH, WITHIN THE CONFINES OF FAILS PROPERTY.

YOU'RE NOT TRYING TO DICTATE, UM, ROAD CONDITIONS AFTER THEY LEAVE THE SITE.

OH, YOU SAID THAT THE WEIGHT LIMITATIONS.

UH, YES.

I MEAN THAT'S, THAT'S A STATE REQUIREMENT.

FILES OPERATIONS, THE INBOUND TRUCKS ARE COMING IN AND THEN THE OUTBOUND TRUCKS IS WHAT FAILS.

CONTROLLING, THEY'RE LOADING THAT TRUCK AND THEY HAVE TO MAKE SURE THAT THEY'RE COMPLYING WITH THAT WEIGHT RESTRICTION.

OKAY.

YES.

DALE'S TURN.

OKAY.

GO TO TOWN NEXT.

OKAY.

UM, SHOULD THE TOWN GO NEXT? WITH RESPECT TO, I THINK ANY COMMENTS BEFORE? ARE YOU FINISHED? QUESTIONINGS FOR THE CONSULTANT MAY APPEAR TO HAVE.

I, I AM I AM I HAVE YOU HAVE OR YOU ARE? NO, I DON'T HAVE ANY MORE QUESTIONS.

OH, I HAVE COMPLETED MY QUESTIONS.

I THOUGHT YOU SAID YOU HAVE MORE QUESTIONS.

ALRIGHT.

AND DID YOU ANTICIPATE, UH, THE APPLICANT GOING NEXT? YES.

GOOD EVENING, MADAM CHAIR, MEMBERS OF THE BOARD.

GOOD TO SEE YOU ALL ONCE AGAIN.

DAVID STEINMETZ FROM THE LAW FIRM OF ZAIN AT STEINITZ HERE REPRESENTING FAIL.

UM, FOR THE RECORD, I'M JOINED THIS EVENING BY GLENN PANA, PRESIDENT AND CEO OF FAIL INDUSTRIES, JEFF MANGANELLO, UM, HIS CHIEF OPERATING OFFICER, UH, MY COLLEAGUE BRIAN AUGH.

UM, PAUL ADELE FROM CLA, OUR PROJECT CIVIL ENGINEER, IRV GILL FROM CATAMOUNT, UM, CONSULTING OUR SAFETY, UH, EXPERT WHO HAS PREVIOUSLY TESTIFIED, TESTIFIED BEFORE YOU AND KEN BRENER, UM, A DEC REGULATORY PROFESSIONAL FOR OVER 30 YEARS WHO HAS ALSO TESTIFIED BEFORE YOU.

I'M GONNA TRY TO BE AS QUICK AND EFFICIENT AS POSSIBLE AND I HOPE I'M GOING TO, UM, PLEASE THE BOARD BY SAYING, UH, WE'RE IN AGREEMENT WITH VIRTUALLY EVERYTHING YOU'VE HEARD.

AND I'M GONNA GO THROUGH A COUPLE OF THINGS JUST TO MAKE SURE WE TOUCH THEM ALL.

FIRST AND FOREMOST, I WANNA START BY, UM, THANKING GARRETT AND ED FOR MAKING THE ARRANGEMENTS TO HAVE PS AND S UM, PARTICIPATE IN THE PROCESS.

UM, IT WAS EXPLAINED TO US OVER PROBABLY ABOUT A YEAR AGO, UM, THAT THIS WOULD BE HELPFUL TO YOUR BOARD.

UM, AND MY CLIENT WAS ASKED TO REIMBURSE THE TOWN TO FACILITATE THIS.

AND, UH, THESE GENTLEMEN HAVE SPENT A TREMENDOUS AMOUNT OF TIME, UM, ASKED US FOR A TREMENDOUS AMOUNT OF DOCUMENTS AND IT WAS A PLEASURE TO TOUR THE SITE WITH THEM ON TWO DIFFERENT OCCASIONS.

ONE VERY, VERY HOT OCCASION, UM, UNLIKE TODAY, I GUESS.

BUT IT GAVE THEM A CHANCE TO

[01:45:01]

SEE THE SITE IN ITS FULL OPERATION AND TO ASK QUESTIONS, ET CETERA.

WE ALSO APPRECIATE THE FACT THAT, UM, THAT GARRETT AND ED GAVE US A CHANCE TO REVIEW THEIR MATERIALS THAT, THAT THEY SUBMITTED TO YOU, UM, AND RAISE SOME QUESTIONS AND, AND ENGAGE IN SOME AMOUNT OF DIALOGUE TO GET THIS AS CLEAR AS POSSIBLE.

SO I'M GONNA START WITH THE FIRST TOPIC YOU ALL STARTED WITH AND, AND, UM, YOU ASKED A NUMBER OF QUESTIONS ABOUT THE 30 FEET DROPPING TO 10 FEET.

I WANT YOU TO KNOW THAT IT WAS REALLY 66 FEET IF YOU MEASURE IT THE WAY IT WAS ACTUALLY WRITTEN.

AND I'M VERY BRIEFLY GO TO THERE.

OCTOBER, EXCUSE ME, JANUARY 2ND, 2024, ORIGINAL LETTER TO YOU.

THEY WERE MEASURING FROM THE EAST SIDE OF THE COUNTY TRAILWAY AT OUR LEASED PROPERTY LINE.

THAT WOULD BE THE FURTHEST LINE OVER.

SO THAT WAS THE WAY IT WAS WRITTEN ORIGINALLY.

AND THEY WERE MEASURING IN FROM THERE 30 FEET.

WE ACTUALLY READ THAT AND THOUGHT THAT ACTUALLY KIND OF FEELS LIKE IT MIGHT BE IN ERROR BECAUSE THAT 30 FEET WOULD PUT US KIND OF IN THE MIDDLE OF WAREHOUSE LANE.

WE NEVER ASKED TO OPERATE, UM, AND BRING PILES TO THE MIDDLE OF WAREHOUSE LANE.

AND WE, I NOTIFIED THE COMMISSIONER PROMPTLY.

WE TALKED ABOUT IT AND THEY DID MODIFY, UM, THEIR NUMBERS.

UH, BUT I I I, I THINK FOR THOSE OF YOU THAT QUESTIONED, AND TO ME LISTENING TO YOUR QUESTIONS, IT'S LIKE, WELL, HOW DID THAE CONVINCE YOU TO DROP FROM 30 FEET TO 10 FEET? NO.

UH, WHAT I THINK HAPPENED IS THEY REALIZED THAT IF YOU USE THEIR OWN MAP, THE COUNTY TRAILWAY IS ABOUT 16 FEET.

THE VEGETATIVE SWALE IS ABOUT 10 FEET.

THE, UH, AREA THAT THAT YANOS WALKED US THROUGH, WHICH INCLUDES THE DRAINAGE SWALE AND WAREHOUSE LANE IS 30 FEET.

AND THEN THEY IMPOSED ANOTHER 10 FOOT BUFFER BEYOND THAT.

THAT'S 66 FEET FROM THE EDGE OF OUR LEASED PROPERTY LINE.

SO I WANT THE BOARD TO UNDERSTAND THERE WAS QUITE A BIT OF, I THINK, LEARNING CURVE THAT THEY HAD TO UNDERSTAND ABOUT WHERE WE, WHERE MY CLIENT LEASES ITS PROPERTY TO AND WHERE WE WERE ACTUALLY GOING TO PULL BACK TO ACCOMMODATE.

HAVING SAID THAT, UM, WE BELIEVE THAT WHAT THEY HAVE RECOMMENDED MAKES SENSE.

UM, IT ALLOWS, IT DOES IT, IT WILL REQUIRE SOME OF THE PILES TO MOVE FURTHER TO THE WEST.

SOME OF THE PROCESS MATERIAL WILL HAVE TO MOVE FURTHER TO THE WEST.

IT WILL REQUIRE THE INSTALLATION OF GRAVITY BLOCKS TO PROVIDE THIS INSPECTION CORRIDOR, UM, THIS KIND OF SAFETY CORRIDOR, WHICH THEY EXPLAIN TO US THE VALUE OF THAT.

UM, AND MY CLIENTS HAVE AGREED TO THAT.

SO I WANT THE BOARD TO KNOW.

YES.

I JUST WANT TO INTERRUPT 'CAUSE JUST TO MAKE IT CLEAR, UM, WHEN YOU SAY DROP FROM 30 FEET TO 10 FEET, YOU'RE KIND OF TALKING ABOUT A HEIGHT, YOU'RE TALKING ABOUT A WIDTH.

CORRECT.

THAT WAS A WIDTH.

I WANNA TRY TO MOVE PAST IT FAIRLY QUICKLY IF WE DON'T, UNLESS I UNDERSTAND.

UM, I AND AND THEN AGAIN, IT'S A MATTER OF UNDERSTANDING WHERE 0.0 IS.

THAT'S THE POINT YOU'RE TRYING TO MAKE, CORRECT? EXACTLY, EXACTLY.

UM, WHERE THE STARTING POINT IS, WELL, I'M GONNA GET TO THE STARTING POINT ON HEIGHT IN A MOMENT.

IF YOU'RE TALKING ABOUT HEIGHT, MR NO, I'M TALKING ABOUT WITH FROM 30 TO 10.

CORRECT.

YOU'RE MAKING THE POINT THAT THEY WERE STARTING AT THEIR, THEIR 0.0 WAS FURTHER AWAY WAS CONSIDERABLY EAST THAN WHERE YOUR 0.0 WAS AND YOU CAME TO AN UNDERSTANDING THAT IS PRECISELY CORRECT.

WHERE ZERO IS.

SO THEN THEY DIDN'T NEED 60 OR 30, YOU ONLY REALLY NEED 10.

EXACTLY.

OKAY.

EXACTLY.

AND, AND THAT 10 FEET ADDED ONTO THE OTHER PROTECTIVE MEASURES THAT ALREADY EXIST, INCLUDING WAREHOUSE LANE ITSELF, THE DRAINAGE SWALE AND THE VEGETATIVE AREA BETWEEN THE DRAINAGE SWALE AND THE COUNTY BIKE PATH FACILITATES A VISUAL, A VISUAL BARRIER, A PROTECTIVE BARRIER.

AS SHAUNA INDICATED, THERE REALLY ARE TWO DIFFERENT AREAS OF STORMWATER MANAGEMENT.

THE PRIMARY STORMWATER MANAGEMENT, UH, SWALE IS ON THE EAST SIDE OF WAREHOUSE LANE.

HOWEVER, THERE ARE SOME MEASURES WHICH YOU RECALL CORRECTLY.

WERE LOCATED ON THE WEST SIDE OF WAREHOUSE LANE.

YOU, YOU ARE CORRECT.

SO HAVING SAID ALL OF THAT WE'RE WE'RE GOOD WITH, WITH YANOS CONCEPT AND WHAT WAS SHARED.

WE COULD PUT IT BACK UP IN FRONT OF YOU IF YOU NEED.

I DON'T THINK YOU NEED TO.

WE'VE SPENT A GREAT DEAL OF TIME AND WE CAN, WE ACCEPT THAT.

UM, I JUST WANNA STATE FOR THE RECORD ON THE ISSUE OF SAFETY.

'CAUSE I THINK THE RECORD NEEDS TO BE CLEAR.

IN THE 27 YEARS OF OPERATION, THERE HAS NEVER BEEN A PILE FAILURE, A STOCKPILE FAILURE.

AT NO TIME HAS THERE BEEN A STOCKPILE THAT HAS MIGRATED INTO WAREHOUSE LANE, INTO THE DRAINAGE SWALE OR ANYTHING.

SO WE'RE DELIGHTED TO CONTINUE TO KEEP GLENN'S SAFETY RECORD THE WAY IT IS AND HIS INSURANCE

[01:50:01]

LEVELS THE WAY THEY ARE, WHICH, YOU KNOW, HE'S TALKED TO YOU ABOUT, HE HAS A VERY, UH, PRUDENT AND SAFE SAFETY RATING WITH HIS INSURANCE COMPANY.

UM, AND THERE HAS BEEN NO PILE FAILURE.

LET'S TALK ABOUT THE FENCE.

UM, PSNS KNOWS WE TOLD THEM, UM, THOUGHT IT WAS A GREAT SUGGESTION.

UM, WE THINK IT'S IN EVERYBODY'S INTEREST.

UM, AND I'M SURE THE, UH, FIRST RESPONDERS, UH, WILL BE HAPPY TO HEAR THIS, TO KEEP TRESPASSERS OFF THE PROPERTY.

UM, I, I DON'T THINK WE'VE THANKFULLY SUFFERED FROM THAT.

UH, BUT I THINK IT'S A PRUDENT IDEA AND I THINK, UM, GOOD SAFE MANAGEMENT WOULD BE TO HAVE A FENCE AND KEEP PEOPLE OUT.

SO PUTTING A FENCE ON THE WEST SIDE OF WAREHOUSE LANE IS A GOOD IDEA.

WE WOULD AGREE TO IT.

UM, THE ONLY THING THAT I HEARD TONIGHT THAT DID CATCH ME AND, AND I GUESS OUR TEAM A LITTLE BIT BY SURPRISE, UM, WAS A, WAS A SEE-THROUGH FENCE.

UM, WE THOUGHT WE WERE BEING ASKED, UM, AND WE THOUGHT WE HAD, I DON'T THINK I KNOW WE TALKED ABOUT A CORRUGATED METAL FENCE, WHICH WE THOUGHT WOULD BE AS PROTECTIVE OF ANY POSSIBLE MIGRATION OF MATERIAL.

SO WE THOUGHT WE WERE TALKING ABOUT A SOLID CORRUGATED STEEL FENCE.

EXACTLY.

LIKE MAYBE A LITTLE BIT MORE ATTRACTIVE.

UH, THE CORRUGATED STEEL FENCE ON THE EAST SIDE OF THE BIKE PATH.

IF YOU WALK A RIDE THE BIKE PATH, BROOKFIELD HAS A METAL FENCE ALONGSIDE THE, THE BIKE PATH.

I THOUGHT WE WERE BEING ASKED THE SAME.

WE'RE KIND OF OPEN ON THAT.

I THINK YOU ALL, UNLESS GLEN, WE HAVE A A WE WILL DO WHATEVER YOU WANT.

WE ACTUALLY THOUGHT THAT YOU WERE LOOKING FOR A VISUAL SCREEN FROM THE BIKE PATH AND A SOLID FENCE WOULD PROVIDE A LITTLE BIT MORE OF THAT AS WELL AS A SAFETY FENCE.

SO I WANNA JUST STATE WE'LL BUILD WHATEVER FENCE WE'RE ASKED TO BUILD.

IT'S EIGHT.

I I THOUGHT THE SAFETY FENCE WAS LIKE A CHAIN LINK FENCE.

AND I THINK I MENTIONED THAT YOU YOU DID, BUT WE, BUT WE, WE KNOW WE DISCUSSED WITH PS AND SA CORRUGATED STEEL, SO THIS WAS THE FIRST TIME WE HEARD SEE THROUGH TONIGHT.

SO, OKAY, BUT THAT'S STILL UP FOR DISCUSSION.

EXACTLY.

AND YOU HAVE NO PROBLEM WITH IT.

THAT IS CORRECT.

WE HAVE NO PROBLEM WITH IT.

OKAY.

AND YOU JUST SAID THE WEST SIDE, I THINK YOU MEANT THE EAST SIDE.

NO, I MEAN THE WEST SIDE, THE FENCE AS YOU, IT, IT SH SHAUNA DO YOU WANT US TO PUT THE, THE DRAWING BACK UP? THE FENCE IS ON THE WEST SIDE OF WAREHOUSE LANE IMMEDIATELY WEST.

OH, THE WEST OF THE ROAD.

THE ROAD OF THE ROAD ROAD.

THAT'S WHAT I SAID.

THE WEST SIDE ALL.

AND YOU DON'T NEED IT ON ANY OTHER SIDE.

YOU DON'T NEED IT.

IF WE, IF WE DID, IF WE PUT IT ON THE EAST SIDE OF WAREHOUSE LANE, WE WOULD THEORETICALLY BE CREATING A FENCE ACROSS WAREHOUSE LANE AND PAUSE ACROSS NO, I DIDN'T MEAN WAREHOUSE LANE, I MEANT OF THE PROPERTY.

WELL THE, OUR PROPERTY GOES ALL THE WAY RIGHT TO THE, THE ACTIVE, THE ACTIVE WORK AREA.

SO THAT'S WHY WE'RE PUTTING IT IN THE ACTIVE.

WE'RE, WE'RE, WE'RE ACTUALLY NO, I'M SAYING DO YOU NEED IT ON ANY OTHER SIDE OTHER THAN THE EAST SIDE OF THE PROPERTY? IT WOULD, IT WOULD BE.

IT, IT ALREADY EXISTS ALONG THE SOUTH SIDE BY PAUL'S CROSS.

THERE IS ALREADY A FENCE THERE.

OKAY.

UM, WE, I'M JUST TRYING TO GET TO A LIST OF WHAT ARE THE DETAILS YET TO COME THAT WEREN'T COVERED THAT, YOU KNOW, WE WERE TOLD, OH, THE DESIGN FOR THAT WILL FOLLOW.

SO OBVIOUSLY THE FENCE IS ONE OF THOSE WITH THE ENTRANCES, RIGHT? THAT'S REALLY NOT THAT AS LONG AS THAT SPECIAL PERMIT HAS A CONDITION REQUIRING A FENCE, THAT DETAIL WOULD BE WORKED OUT AS A SITE PLAN DETAIL.

SO YOU WOULD NOT NEED TO NECESSARILY ADDRESS THAT UNLESS YOU CHOSE TO SITE.

WHAT WE ENVISION MADAM CHAIR MEMBERS OF THE BOARD IS WE'RE TRYING TO, I THINK TOGETHER PUT YOU IN A POSITION WHERE YOU HAVE AN ADEQUATE SPECIAL PERMIT WITH ADEQUATE CONDITIONS THAT YOU ALL COULD ENACT.

AND THEN IF THERE ARE REQUIREMENTS THAT WE RESOLVE DETAILS EITHER WITH THE BUILDING DEPARTMENT, THE ENGINEERING DEPARTMENT, OR THE TOWN BOARD ON A SITE PLAN REVIEW, WE WOULD DO THAT.

BUT WE'RE, WE'RE TRYING TO HOPEFULLY GET US PAST THE, UM, CHALLENGE THAT WE HAVE BEEN UP AGAINST WITH, WITH YOU SINCE THE OUTSET IN LAST IN, IN AND, AND WE VERY MUCH APPRECIATE THAT.

RE THANK YOU FOR SAYING THAT.

UM, THE LOOP ROAD, UM, WE HEARD, YOU HEARD, UH, GIANNIS TALK ABOUT THE LOOP ROAD FOR SAFETY AND NAVIGABILITY.

UM, MY UNDERSTANDING IS WE HAVE NO ISSUE WITH THAT, THAT EXISTS IN PLACES NOW AND WE HAVE NO, NO ISSUE WITH THAT.

UM, THERE WAS A QUESTION ABOUT, SOMEBODY SAID SOMETHING ABOUT MAINTAINING WAREHOUSE LANE, AND I WANNA MAKE SURE I, YOU ALL HEARD THIS BEFORE, BUT IT'S EASY TO FORGET.

WAREHOUSE LANE IS NOT A MUNICIPAL ROAD WAREHOUSE LANE IS OWNED BY MY CLIENT'S LANDLORD AND IT IS PART OF THE LEASED PREMISES.

WAREHOUSE LANE IS CURRENTLY WAREHOUSE LANE SOUTH.

THAT WHICH IS LOCATED PROXIMATE TO THE OPERATION IS CURRENTLY MAINTAINED BY FAIL.

AND YOU ALL HAD TESTIMONY ABOUT THAT FROM JENNIFER, FROM PAUSE CROSS WHO TOLD US ALL THAT THESE GUYS MAKE SURE

[01:55:01]

THAT, THAT EVEN WHEN THEY'RE NOT USING IT, THAT THEY PLOW IT, SAND IT, SALT IT SO THAT JENNIFER AND HER EMPLOYEES ARE ABLE TO USE IT.

SO I JUST WANT THE RECORD TO BE CLEAR, UM, IT'S PRIVATE PROPERTY, IT'S NOT TOWN.

YOU'D HAVE NO RESPONSIBILITY THERE, BUT THESE FOLKS ARE DOING IT.

UM, YANOS THEN SHIFTED FROM THAT INTO THE PILE HEIGHT ISSUES.

UM, WE ARE FINE.

AND DIANE, YOU PROBED, UM, UH, QUITE, QUITE, UM, ADEQUATELY ON THE, WHY IS IT 30 FEET AND WE HEARD THEM OBJECTING TO 30 FEET BECAUSE EARLY IN THIS PROCESS THERE WAS MORE OF A JUST IMPOSE A HEIGHT LIMIT OF X ON EVERYTHING.

AND I THINK AS A RESULT OF THE PROCESS WE WENT THROUGH, UM, WITH PSNS AND WE APPRECIATE THE TIME AND ATTENTION THEY PAID.

THERE'S A, AND AS I'VE LEARNED FROM CANON IRV, THERE'S A DIFFERENCE BETWEEN PROCESSED MATERIAL AND UNPROCESSED MATERIAL.

UNPROCESSED MATERIAL.

IT'S OF DIFFERENT WEIGHT, MASSING DENSITY, UM, IT, IT STACKS AND PILES DIFFERENTLY, DIFFERENT TYPES OF EQUIPMENT, TOUCH IT AND MOVE IT.

UM, THEREFORE WE ARE FINE WITH A 30 FOOT, MY CLIENT IS FINE WITH A 30 FOOT HEIGHT, UM, ON PROCESS MATERIAL.

IT MAKES SENSE.

UM, COULD BE HIGHER.

MY CLIENT THINKS IT WOULD BE SAFE IF, IF IT WAS HIGHER, THERE'S NO NEED TO DO THAT.

GIVEN THE GEOGRAPHIC AND GEOMETRIC CONSTRAINTS OF THIS PROPERTY.

THEY CAN LIVE WITH THE 30 FOOT PILES AND, UH, WHETHER WE HAVE TWO MEASURING STICKS OR SHAUNA'S EIGHT MEASURING STICKS, WE'LL WE'LL FIGURE OUT, UM, WITH THE TOWN.

I THINK IF YOU PROBABLY HAVEN'T BEEN OUT THERE IN A WHILE, I, I THINK GIANNIS IS PROBABLY RIGHT IF YOU KNOW WHAT YOU'RE DOING AND WHAT YOU'RE LOOKING FOR.

I, I THINK WITH TWO MEASURING POINTS OF, FOR THE PROCESS STUFF, I THINK YOU PROBABLY CAN DO IT.

BUT WE'LL LEAVE THAT TO OTHERS TO FIGURE OUT.

UM, ON THE UNPROCESSED, AGAIN, FINALLY, WITH THEIR HELP AND THEIR PROFESSIONALISM, THERE'S A, THERE'S A, AN ADEQUATE CONCEPT OF 50 FOOT HEIGHT OF UNPROCESSED INBOUND MATERIAL IN THAT APPROXIMATE 100 BY 100 FOOT AREA, WHICH IS INDICATED IN THE COLOR YELLOW ON THE MATERIAL YOU SAW EARLIER, SURROUNDED BY, UM, A STEP DOWN AREA THAT WOULD BE ABOUT 30 FEET.

THAT'S KIND OF WHAT'S OUT THERE WHEN THE SITE IS OPERATING, UH, WITH A, WITH A SIGNIFICANT AMOUNT OF MATERIAL AND, UM, IT'S SAFE, IT'S FUNCTIONAL, THERE'S NO WAY TO ACHIEVE 50 FEET ALL THE WAY ACROSS THAT ENTIRE AREA.

IT, IT JUST DOES, DOESN'T STACK THAT WAY.

THE ANGLE OF REPOSE IS GONNA BRING IT DOWN.

SO, UM, HAVING THE STEP DOWN HEIGHTS, UM, IS PRUDENT AND IT'S CONSISTENT WITH THE BUSINESS PRACTICES.

SO, UM, WE APPRECIATE THAT.

AND I THINK IT WAS MADE CLEAR, UM, IN THE BEGINNING THAT THESE HEIGHTS ARE FLUID.

LIKE ONE DAY IT COULD BE 50 FEET.

THE NEXT DAY IT COULD BE 35 FEET.

ABSOLUTELY.

BECAUSE IT DEPENDS ON WHAT'S COMING IN AND HOW IT GETS PROCESSED.

AND, AND FOR ANY OF YOU, AND FOR THOSE OF US WHO'VE BEEN OUT THERE MULTIPLE TIMES NOW, EVERY DAY IS A DIFFERENT DAY.

EVERY DAY PEOPLE ARE BRINGING IN DIFFERENT KINDS OF MATERIAL.

EVERY DAY PEOPLE ARE COMING IN AND PULLING OUT DIFFERENT KINDS OF MATERIAL.

UM, THE ONE THING I WANNA SPEAK TO ON, ESPECIALLY ON THE UNPROCESSED LARGER PILE, 'CAUSE YOU ALL ASK SOME QUESTIONS AND IT WOULD GESTURES BACK AGAIN TO THE, THE THE FIRST RESPONDERS AND THE ACCESS.

THE ONLY WAY A PIECE OF EQUIPMENT GETS UP ONTO THE UNPROCESSED PILE AND WE SAW IT 'CAUSE WE'VE BEEN OUT THERE A COUPLE OF TIMES, AND SOME OF YOU HAVE AS WELL.

THEY HAVE, THE OPERATOR HAS TO BUILD HIS OWN RAMP TO GET THERE.

YOU DON'T JUST PICK UP AN EXCAVATOR AND PUT IT 30 FEET UP IN THE AIR AND LET IT START SCOOPING AND SCRAPING.

UM, IT WORKS ITS WAY GRADUALLY UP THE HILL.

UM, AND, AND BY DOING THAT, IT CREATES A RAMP.

THAT RAMP IS CAPABLE OF BEING TRAVERSED BY THIS PIECE OF EQUIPMENT.

AND GOD FORBID OF AN INCIDENT, THAT SAME RAMP COULD BE TRAVERSED BY ANYONE WALKING UP, UH, OR PROBABLY MOST VEHICLES THAT THESE GENTLEMEN HAVE THE CAPABILITY OF OPERATING THAT IT'S NOT AN INSURMOUNTABLE RAMP, IT'S A RAMP THAT A VERY BIG PIECE OF EQUIPMENT VERY SLOWLY CAN CRAWL UP.

SO, UH, THE RAMP DOES GET AS HIGH AS THE YELLOW AREA.

UM, THERE WERE SOME QUESTIONS AND I DON'T WANT THE, THOSE QUESTIONS WERE BEING ANSWERED BY PSNS AND A LITTLE BIT OF AN UNFAIR QUESTION TO YANOS.

SO FOR SAKE OF CLARITY, AND YOU GENTLEMEN WILL CORRECT ME IF I'M WRONG, WE DO HAVE PIECES OF EQUIPMENT THAT OCCASIONALLY DO TRACK UP TO 30 OR 35 OR 40 FEET AS THEY'RE NEARING THE EDGE OF THE ROCK WALL PLACING MATERIAL AT THAT ROCK WALL CLIFF OR PULLING IT OUT OF THERE.

SO I DON'T WANT ANYONE ON THE BOARD OR THE RECORD TO, TO THINK THAT FAIL SAID THAT NO PIECE OF EQUIPMENT WOULD EVER ENTER THE YELLOW AREA.

IF YOU HAVE A QUESTION ABOUT THE

[02:00:01]

SAFETY OF A PIECE OF EQUIPMENT ENTERING THE YELLOW AREA, THAT'S WHY WE SCHLEP IRV GILL HERE.

HE WILL TELL YOU, AND HE DID PREVIOUSLY, BUT IT WAS PROBABLY A YEAR AGO, THAT THAT'S NOT UNCOMMON AT QUARRYING LIKE ACTIVITIES.

NO, WE MAY NOT BE FORMALLY REGULATED BY SSHA, BUT THIS SITE IS OPERATED AS IF IT WAS AN SSHA SITE.

WHY? BECAUSE GLENN AND JEFF OPERATE A RATHER SUBSTANTIAL QUARRY IN FISHKILL.

THAT QUARRY HAS PILES THAT ARE A HUNDRED FEET TALL.

THEY HAVE PIECES OF EQUIPMENT THAT ARE SIGNIFICANTLY HIGHER THAN 30 TO 35 FEET.

SO AGAIN, THEY HAVE EXPERIENCE WITH THESE RAMPS.

THAT'S HOW THEY HAVE IRV COMING OUT THERE CONDUCTING REGULAR SAFETY INSPECTIONS.

AND IF THE FIRST RESPONDERS HAVE ANY FURTHER QUESTIONS, WE'RE, WE'RE DELIGHTED THAT THEY'RE HERE AND THAT IRVS HERE ON THE SAME NIGHT BECAUSE WE WANT THEM TO BE COMFORTABLE THAT MY GUYS KNOW WHAT THEY'RE DOING IN TERMS OF HOW THEY'RE OPERATING, UM, THE FACILITY, WELL I'M, UH, I BELIEVE IT WAS BROUGHT UP A, UM, THE LAST TIME WAS THAT THE CONCERN WAS THE FIRST RESPONDERS, UH, RESPONDING TO AN EMERGENCY.

CORRECT.

UM, AND I'M, I'M SURE IT WOULDN'T BE A FIRE, BUT IF A, A DRIVER OR WAS ON A PIECE OF EQUIPMENT AND IT WAS A MINOR, UH, ROCK SLIDE TO USE THE BEST DESCRIPTION AND IT KNOCKED OVER THE, UM, PIECE OF EQUIPMENT AND, YOU KNOW, CAUGHT THE DRIVER, THAT MEANS AMBULANCE OR, UH, SOMEBODY HAS TO GET UP THERE TO GET TO THAT DRIVER.

AND THAT WAS, I THINK, ONE OF THE MAIN CONCERNS THAT WE HAD BEFORE.

AND I, I THINK NOW PSNS HELPED AND NOW YOU ARE ALSO CLARIFYING GOOD HOW THAT CAN HAPPEN, HOW SOMEBODY CAN GET UP THERE IN AN EMERGENCY.

EXACTLY.

THANK YOU.

UM, NEXT TOPIC THAT WAS RAISED, I'M TRYING TO HIT THE MAIN TOPIC 'CAUSE I DON'T THINK WE HAVE TO GO LINE BY LINE, BUT WE'RE HERE AND WE'RE HAPPY TO THE TRUCK WASH OR, UM, A SUFFICIENT MECHANISM TO ADEQUATELY CLEAN DEBRIS.

UM, WE ARE PREPARED TO ENSURE THAT THERE, AND WE'VE SAID THIS ALL ALONG, THAT THERE WILL BE NO DEBRIS ON WAREHOUSE LANE.

UM, DIRT, MUD, DEBRIS.

WE PUT THAT IN OUR OWN OFFERED CONDITIONS.

I THINK MY CLIENT STILL FEELS THAT AN, THAT A TRUCK WASH IS NOT THE ONLY, UH, MEASURE, UH, THAT THAT NEED BE IMPOSED TO ENSURE THAT NO DEBRIS IS TRACKED OFFSITE.

THAT ULTIMATELY IS UP TO YOU.

YOU KNOW, I DON'T KNOW WHETHER YOU'RE FORMALLY ASKING, UH, GLEN TO RESPOND TO THE TRUCK WASH.

WE HAVE NOT, AS I UNDERSTAND IT OFFERED A TRUCK WASH.

UM, WE HAVE NOT HAD ONE THERE FOR 20 SOME ODD YEARS.

UM, BUT, BUT THA DID COMMIT IN ITS OWN OFFERED CONDITIONS THAT IT WOULD ABIDE BY A, AN ABSOLUTE REQUIREMENT THAT NO DIRT, DEBRIS, MUD BE TRACKED OFF SITE.

AND THAT WOULD BE SOMETHING THAT WOULD BE ENFORCEABLE.

BEYOND THAT, IT'S WITHIN YOUR PURVIEW TO DO WHAT WHAT YOU WISH.

AND A WAREHOUSE LANE IS ALSO THE LANE THAT GETS TO THE ENTRANCE OF SAM'S, RIGHT? YES.

AND, UM, YOU KNOW, THAT, WHICH IS MY WIFE'S FAVORITE PLACE, UM, IN THERE TOO.

SO, YOU KNOW, IF ANY DEBRIS, NOT DEBRIS, BUT DUST, DUST, MUD, DUST COMES FROM THESE TRUCKS THAT ARE EXITING THE FACILITY.

YEAH.

UM, THEY, THEY USE THAT ROADWAY AND IT CAN GET, YOU KNOW, PRETTY DIRTY.

WE, WE AGREE.

UM, I JUST, I WOULD REMIND YOU, MR. KLO CRITCHLOW, AS I'M SURE YOU REALIZE, THERE ARE A BUNCH OF OTHER INDUSTRIAL, UM, AND TRUCK FACILITIES THAT ALSO USE WAREHOUSE LANE THAT THEY GET GOES BEHIND, THEY GO THE OTHER, THEY GET TO THE END AND WE GO LEFT, THEY GO RIGHT.

SO IF IT'D BE WONDERFUL IF THE TOWN INSURED THAT THE SAM'S CLUB TRUCKS WE'RE ALWAYS CLEAN AND NOT DROPPING ANYTHING, AND THAT SOME OF THE OTHER DELIVERY TRUCKS AND LIGHT INDUSTRIAL AND AUTOMOTIVE TRUCKS THAT SURROUND US WEREN'T CREATING AN ISSUE.

UM, AND I JUST THINK THAT PSNS WAS, UM, MORE CONCERNED ABOUT THE FACT THAT YOU HAVE MORE MUD AND DUST, UM, ON YOUR FACILITY THEN LET'S SAY THE TIRE CORRECT PLACE THAT'S AROUND THE, TO THE RIGHT OF, UH, SIM'S, UM, JANSON AND, AND, UM, BRIAN, I DID NOT THINK YOU ACTUALLY REQUIRED THE TRUCK WASH UNLESS THAT WAS A MODIFIC.

I THOUGHT YOU JUST, IF I MAY SPEAK CONDITION EIGHT.

OH, SORRY.

THANK YOU.

IF I MAY SPEAK CONDITION EIGHT.

WE'RE NOT ASKING SPECIFICALLY FOR TRUCK WASH, BUT WE NEED THAT BEST MANAGEMENT PRACTICE AND PSNS.

BUT WE'RE ASKING, WE WANT TO PROPOSE LANGUAGE THAT IN THE EVENT THERE IS A TRUCK THAT ESCAPES WITH DIRTY TIRES, THINGS HAPPEN AND THE TOWN CALLS AND SAYS, TH THERE'S SOMETHING WE WANT.

MAKE SURE THERE'S AN IMMEDIATE ACTION.

SO WE WANT THAT ACTION PLAN IN PLACE.

SOMETHING HAPPENS, A TRUCK ESCAPES THE, THE BEST MANAGEMENT PRACTICE TO CLEAN THOSE TIRES

[02:05:01]

AND THEY TRACK MUD OUT ONTO WAREHOUSE LANE.

WE WANT TO MAKE SURE THAT WHEN THE TOWN CALLS FAIL FAILS IMMEDIATELY RESPONDING TO ADDRESS THE SITUATION AND THEN EVENTUALLY FOLLOW UP IN WRITING HOW THEY ADDRESSED IT.

BUT THAT'S THE SALIENT POINT TO PSNS.

WE WANT TO MAKE SURE THAT THERE'S MEASURES IN PLACE THAT THE TOWN COULD CALL OVER TO FAIL AND SAY, HEY, THERE'S MUD ON THE ROAD, YOU NEED TO ADDRESS IT QUICKLY.

AND THAT'S EXACTLY WHY MADAM CHAIR MEMBERS OF THE BOARD AND I THANK YOU HONORS.

I WANTED TO MAKE SURE YOU ALL KNEW THOUGH THE TRUCK WASH CAME UP AND AGAIN, IT'S WITHIN YOUR PURVIEW.

P, S AND S EXPRESSLY TRUCKS LEAVING THE SITE MUST BE FREE FROM DEBRIS AND MUD.

AND THEN YANOS HAD, AS HE JUST EXPLAINED THIS CONTINUOUS MONITORING AND THE INADVERTENT RELEASE, WE HAVE NO OBJECTION TO P, S AND S'S SPECIAL PERMIT CONDITION EIGHT.

IT DOES NOT MANDATE A TRUCK WASH.

WE DON'T THINK IT'S NECESSARY AND WE WOULD ABIDE BY THE PROTOCOL, UM, THAT HE HAS INDICATED ABOUT IMMEDIATELY ADDRESSING ANY KIND OF PROBLEM.

UM, WHEN I FIRST READ IT, I DID THINK, I DID THINK THAT UH, THEY WERE STIPULATING THAT THERE SHOULD BE A TRUCK WASH.

RIGHT.

BUT THEN TODAY, TONIGHT I HEARD YOU SAY, UM, A TRUCK WASH OR RUMBLE STRIPS.

CORRECT.

WHICH MEANS THAT IT'S ANYTHING THAT'S LEFT UP TO YOU TO, I GUESS COME TO AN AGREEMENT ON.

GOT IT.

UM, AND SOMETHING THAT WAS NOT THE CURRENT PLAN, WHICH ISN'T WORKING.

UNDERSTOOD ACCORDING TO EVERY ASSESSMENT WE READ.

SINCE AGAIN, I I'M NOT GONNA, I'M NOT GONNA ESTABLISH WHAT IS OR IS NOT WORKING COMPLETELY, BUT SINCE THIS WHOLE PROCESS STARTED AND I, I DON'T KNOW WHEN THE LAST, I KNOW SOME OF YOU WERE OUT THERE AND I DON'T KNOW WHEN THE LAST TIME THOSE OF YOU WERE OUT THERE WERE OUT THERE, THEY DID CHANGE THE PROTOCOL AND IMPLEMENTED A DIFFERENT, WHAT'S THE RIGHT PHRASE? BUBBLED RUMBLES RUMBLE STRIP.

BUT, BUT IT IS, BUT IT'S, IT'S A RATHER LARGE YELLOW HARD PLASTIC METAL THING FROM ANOS THAT YOU WOULD NOT WANNA WALK OVER IN BARE FEET, UH, OVER THIS.

SO IT WAS A, IT WAS A RATHER, I I WAS SURPRISED WHEN I WENT OUT THERE.

I DIDN'T KNOW THEY HAD INSTALLED IT.

SO IT WAS, THERE WAS A MODIFICATION, WHETHER IT'S WORKING PERFECTLY, I'LL LEAVE THAT TO CODE ENFORCEMENT AND OTHERS, BUT I WANT THE BOARD TO KNOW THAT, THAT THERE IT WAS ADDRESSED DURING THIS PROCESS.

ALRIGHT, WELL TAKEN.

UM, THIS NEXT TOPIC, UM, SHAUNA RAISED A QUESTION ABOUT TOXIC MATERIAL AND, AND I VERY MUCH APPRECIATED, UM, THE ANSWER THAT WAS GIVEN.

UM, I JUST WANNA STATE FOR THE RECORD THAT MY CLIENT IS FOLLOWING WHAT THEY BELIEVE TO BE.

AND WHAT I THINK YOU HEARD FROM KEN BRENER AND OTHERS IS A STANDARD PROTOCOL ABOUT THAT THE, THE APPROPRIATE INSPECTION OF MATERIAL THAT COMES IN, WHAT HAPPENS IF IT'S DEPOSITED ON THE GROUND IF PROPERLY.

AND I KNOW THAT THE PREDICATE OF SHAUNA'S QUESTION AS AT LEAST YOU ARTICULATED IT, IS MUCH LIKE WHAT YOU SAID A YEAR AGO ABOUT, WELL ISN'T SOME OF THAT ASPHALT LIKE COMING FROM THE ROAD AND IT'S GOT GAS AND IT'S GOT OIL ON IT.

UM, WE HEARD A PHRASE TONIGHT, IT CAME FROM THEM, NOT FROM US.

BENEFICIAL REUSE.

THAT PHRASE WE HEARD A YEAR AGO FROM KEN BRENER.

KEN BRENER CAME AND TOLD US THAT THE DEC CONSIDERS ASPHALT IS ONE OF THE MOST IMPORTANT THINGS TO BE RECYCLED BECAUSE IF IT'S PART OF A BENEFICIAL REUSE PROGRAM, SO DELIGHTED TO HEAR PS AND S AGREES WITH MR. BRENER ON THAT.

WE ARE VERY PLEASED THAT AFTER I HAVE NO CHOICE BUT TO SAY THIS WAY TOO MUCH TIME DISCUSSING ASPHALT IN FRONT OF THIS BOARD, WHICH WE FELT WE SHOULD NOT HAVE HAD TO DO.

PSNS CAME IN AND, AND THEY AGREED WITH WHAT FAILED WAS TELLING YOU AND WHAT MR. BRENER EXPLAINED.

RECYCLING ASPHALT, GOOD THING, BRINGING IT INTO A SITE LIKE THIS AND MAKING SURE IT LEAVES TO ACTUALLY BE PROCESSED ELSEWHERE EVEN BETTER.

SO THE NOTION OF PROHIBITING ASPHALT HERE WAS INCONSISTENT WITH A BENEFICIAL REUSE PROGRAM.

AND IT'S INCONSISTENT WITH TAKING STUFF THAT CON ED AND CONTRACTORS BRING INTO A SITE LIKE THIS.

SO WE ARE PLEASED THAT THEY HAD NO OBJECTION TO THE ASPHALT.

I HOPE SHAUNA, THAT YOU'RE COMFORTABLE.

UM, THERE IS NO TOXIC MATERIAL COMING IN HERE.

THEY DON'T WANT IT, THEY DON'T ACCEPT IT.

IT LEAVES, UM, AND THE ASPHALT THAT'S COMING IN IS THE SAME ASPHALT WE LIKE IT OR NOT, OR ALL DRIVING OVER AND WALKING OUR DOGS OVER IN THE STREET IN FRONT OF OUR HOMES.

UM, TOLAR TO CLARIFY MY CONCERN WAS IT'S STAYING THERE.

IT'S, YEAH.

AND IT WILL NOT STAY, IT'S NEVER STAYED THERE AND IT WILL NOT STAY THERE.

OKAY.

THAT JUST TO CLARIFY.

GOT IT.

TERRIFIC.

UM, I I, I STATED EARL MHA CAME UP AT THIS POINT AND I STATED EARLIER, I JUST WANNA STATE AGAIN FOR THE RECORD.

UM, WE, WE, WE HAD ALWAYS OFFERED, MY CLIENT HAD ALWAYS OFFERED TO FOLLOW SSHA REGULATIONS.

WHETHER SSHA COMES OUT AND TREATS THE SITE AS A MINE IS A DIFFERENT STORY FROM A MINING, A COMPANY THAT OPERATES A MINE,

[02:10:01]

THAT HAS A MINING SAFETY EXPERT.

THEY'RE OPERATING THIS WITH THE SAME PROTOCOLS.

SO, UM, I THINK THEY'RE, THEY'RE PLEASED ABOUT THAT.

I THINK IT HELPS THEIR INSURANCE RATES, UM, AND THEY WILL CONTINUE TO DO THAT.

CONDITION 13, YOU ALL TALKED ABOUT BRIEFLY, YOU, YOU RAISED THE QUESTION ABOUT, UM, ABOUT, UH, WESTCHESTER COUNTY.

I, I WAS ASKED TO CLARIFY.

UM, IT'S A WESTCHESTER COUNTY DEPARTMENT OF HEALTH AIR EMISSION PERMIT.

SO I, MY CLIENT WANTED TO MAKE SURE THAT YOU WERE CLEAR.

THEY HAVE ARTICLE FOUR AIR EMISSION PERMITS.

THEY ARE ISSUED BY THE WESTCHESTER COUNTY DEPARTMENT OF HEALTH.

AND MY UNDERSTANDING IS, AND I THINK YANOS YOU STATED IT, WE, I FAIL HAS A CURRENT COUNTY DOH CERTIFICATE TO OPERATE AS WELL.

SO, UM, YES, THAT IS CORRECT.

SO BOTH OF THOSE WOULD REMAIN, WOULD REMAIN IN EFFECT.

UM, MY LAST AFFIRMATIVE COMMENT THAT I WANTED TO MAKE SURE I HIT WAS CONDITION 15 ON THE TRUCK WEIGHTS ISSUE.

UM, APPRECIATE THE, THE EXPLANATION THAT YANOS, UH, AND BRIAN PROVIDED THE ONLY THING THAT'S IN YOUR SPECIAL PERMIT CONDITION 15 THAT I THOUGHT WE OUGHT TO JUST QUICKLY CHAT ABOUT.

I'D NEVER RAISED THIS PREVIOUSLY 'CAUSE WE ALWAYS HIT BIG TOPICS AND NOT SPEND TIME ON DETAILS.

YOU WRITE ALL VEHICLES ENTERING AND LEAVING THE SITE WILL COMPLY WITH ALL TRUCK WEIGHT LIMITS.

YOU GUYS KNOW, AND I THINK YOU ALREADY SAID IT, WE DON'T KNOW HOW HEAVY A TRUCK IS THAT ENTERS THE SITE.

WE CAN REGULATE WHO LEAVES THE SITE AND THE WEIGHTS THAT LEAVE THE SITE, BUT DON'T, DON'T PUNISH US IF SOME BAD TRUCKER BRINGS A TRUCK IN THAT WEIGHS TOO MUCH.

RIGHT.

SO, UM, I WOULD ASK YOU TO STRIKE THE WORD ENTERING.

UM, BEYOND THAT MADAM CHAIR, MEMBERS OF THE BOARD, I HAVE NOTHING AFFIRMATIVE THAT I, THAT I WANT TO COVER.

WE ARE HAPPY TO ANSWER QUESTIONS.

THERE MAY BE ISSUES THAT ARISE IF, IF THE TOWN HAS ANYTHING FURTHER THEY WANT TO SPEAK TO.

BUT I AM ASKING YOU TO STRONGLY CONSIDER TONIGHT PUTTING YOURSELVES IN A POSITION TO ADOPT THE SPECIAL PERMIT AND ALLOW US TO THEN PROGRESS WHEREVER WE HAVE TO GO.

NEXT MEETING WITH TOWN STAFF, FINALIZING SOME SITE PLAN DETAILS.

WE THINK YOU ARE IN A POSITION THAT YOU CAN ADOPT A SPECIAL OR AT LEAST VOTE TO, UM, REQUIRE THE FINAL PREPARATION OF, OF A SPECIAL PERMIT THAT'S OBVIOUSLY WITHIN YOUR PREROGATIVE.

WE WAITED A LONG TIME TO GET BACK IN FRONT OF YOUR BOARD.

YOU SHOULD KNOW WE'VE BEEN NIPPING AT THE HEELS OF THE TOWN FOR SEVERAL MONTHS TO, UM, GET THE REPORT FINALIZED FROM P, S AND S AND GET US BACK HERE.

WE GENUINELY THANK YOU FOR DOING A SPECIAL MEETING.

SO THANK YOU FOR COMING OUT ON A NIGHT OTHER THAN YOUR REGULAR NIGHT.

WE DON'T WANT TO HAVE TO COME BACK AGAIN, BUT WE'RE HAPPY TO DO SO IF YOU WANT US TO COME BACK AGAIN.

THANK YOU FOR YOUR TIME AND THE ATTENTION YOU'VE SPENT ON THIS.

WE'RE NOT GOING ANYWHERE.

WE'RE HAPPY TO ANSWER MORE QUESTIONS.

UM, I THINK WE'RE FINALLY AT A POINT WHERE WE CAN MAYBE SEE THE END OF WAREHOUSE LANE .

JUST TO YOUR POINT ABOUT US ISSUING A PERMIT AS I, AND I COULD BE WRONG, BUT IF, AS I WAS READING THE DOCUMENTS TODAY, I WAS WRITING DOWN WHAT ARE THE STEPS AND IN WHAT ORDER DO THEY NEED TO BE TAKEN.

AND FROM MY READING OF IT, AND MAYBE ED YOU CAN ANSWER THIS TOO, I'LL GET THE LAWYERS INVOLVED.

THE FIRST WAS ESTABLISH THE BASELINE FOR THE MEASUREMENTS AND THE WORKING PLATFORM.

THIS WAS I GUESS COMING FROM YOUR DOCUMENT, UM, CONSULTANT.

SECOND IS GET THE TOWN TOWN BOARD APPROVAL OR A WAIVER FOR THE SITE PLAN.

AND ONLY THEN COULD THE ZBA ISSUE A SPECIAL PERMIT.

WHAT? AND THEN THE BUILDING DEPARTMENT WOULD DO A PERMIT.

AS I UNDERSTAND IT, THOSE ARE THE ORDERS OF THE STEPS.

NO.

SO, SO I WANNA SPEAK TO THAT SINCE I'M ON MY FEET, SEAN, AND I APPRECIATE YOU RAISING THAT.

SO YOU'RE OBVIOUSLY PARROTING WHAT, WHAT I THINK WAS CONTAINED IN JASON'S MEMO.

UM, THAT'S, THAT WAS JASON'S POSITION AS THE TOWN ENGINEER.

SO I WANNA SPEAK TO THAT.

UM, THERE'S, I DO NOT BELIEVE YOU ARE REQUIRED TO WAIT TILL WE HAVE A SITE PLAN APPROVAL.

I THINK YOU COULD EASILY ISSUE A SPECIAL PERMIT, MUCH LIKE WHAT YOU'VE HAD IN FRONT OF YOU FROM TOWN DRAFTS EARLIER OVER THE LAST YEAR AND A HALF.

THAT MAY REQUIRE THAT WE GO AND GET AN AMENDED SITE PLAN.

BUT I DON'T THINK THE AMENDED SITE PLAN HAS TO PROCEED YOUR SPECIAL PERMIT.

I THINK IN MANY WAYS, IF IN FACT I'M TOLD THAT OUR TEAM IS GOING IN FRONT OF YOUR TOWN BOARD TO TRY TO DO A SITE PLAN REVIEW, IT'D BE NICE TO GO TO THE TOWN BOARD KNOWING WHAT OUR OPERATIONAL PARAMETERS ARE.

SO I CAN TURN TO PAUL AND SAY, PAUL, YOU GOTTA DRAW A SITE PLAN FOR ME.

THAT'S CONSISTENT WITH WHAT THE ZONING BOARD JUST APPROVED TO DO IT THE OTHER WAY.

YOU'RE GONNA SEND US TO THE TOWN BOARD NOW, AND NOW WE'RE GONNA HAVE TO GO THROUGH A WHOLE REOPENING OF, OF ISSUES THAT YOUR BOARD IS SUPPOSED TO ADJUDICATE AS FAR AS THE SPECIAL PERMIT.

SO MY, MY POSITION, YOU'LL OBVIOUSLY HEAR FROM ED, MY POSITION IS I DON'T THINK YOU HAVE TO DO

[02:15:01]

THAT.

I THINK IT WOULD BE INEFFICIENT.

I WOULD ASK YOUR BOARD TO STRONGLY CONSIDER CONCLUDING THE SPECIAL PERMIT.

AND IF YOU DECIDE ONE OF YOUR CONDITIONS IS WE'RE GIVING YOU A SPECIAL PERMIT TO OPERATE, BUT YOU GOTTA GO DEAL WITH YOUR SITE PLAN, WE'LL GO DEAL WITH OUR SITE PLAN.

AND YOU'RE RIGHT, THERE ARE STILL SOME OPEN PERMIT ISSUES THAT I, I GATHER ARE STILL NOT CLOSED OUT WITH LIZ.

UM, AND THE BUILDING DEPARTMENT.

WE KNOW WE HAVE TO CLO WE'VE BEEN TRYING TO CLOSE THOSE OUT FOR QUITE SOME TIME AND MAYBE ONE OF THE REASONS WE HAVEN'T IS 'CAUSE WE ARE NOT DONE HERE.

THE OTHER ISSUE YOU RAISED AND JASON RAISED IT IN HIS MEMO, SO I GATHER THAT'S WHERE THIS IS COMING FROM.

YOU DIDN'T HEAR THIS.

LEMME TAKE A STEP BACK.

SHAUNA IDENTIFIED THE MEASURING POINT, UH, HAVING BEEN RAISED, UM, AS A QUESTION YOU DID NOT HEAR TONIGHT FROM YOUR EXPERTS, THAT THAT IS AN, AN ISSUE OR AN OBJECTION.

THEY SEEM TO BE PRETTY CLEAR THAT WE CAN HAVE A MEASURING POINT THAT'S THE ESTABLISHED WORKING PLATFORM IS THEIR PHRASE.

MM-HMM .

ESTABLISHED WORKING PLATFORM.

WE ALL KNOW WHAT IT IS, WHERE IT IS IT'S HEIGHT, IT'S ALL OUT THERE.

IF FOR SOME REASON YOU DISAGREE WITH THEM AND YOU WISH TO FOLLOW WHAT THE TOWN ENGINEER IS SAYING, WHICH IS MAYBE PICK ANOTHER SPOT LIKE THE, HIS PHRASE, THE CENTER OF WAREHOUSE LANE SOUTH AND ESTABLISH THAT IS YOUR MEASURING POINT RATHER THAN THE FLOOR OR THE TABLE AS, AS BRIAN USED THE ANALOGY.

YOU CAN DO THAT.

WE JUST NEED TO KNOW THE DIFFERENTIAL BETWEEN THAT MEASURING POINT AND THE TABLE.

IT'S THE SAME THING.

THE 30 FOOT PILE JUST BECAME 30 FEET PLUS THREE AND A HALF.

SO IT'S NOW HYPOTHETICALLY 33 AND A HALF FEET.

THE 50 FOOT PILE JUST BECAME 53 AND A HALF FEET.

WE'RE FINE IF THAT'S WHAT YOU CHOOSE TO DO.

I THINK YOU'RE CREATING AN ELEMENT OF COMPLEXITY THAT YOU DON'T NEED TO DO.

YOUR MEASURING STICKS WILL NOT BE AS EFFECTIVE AT THAT POINT BECAUSE NOW WE'RE MEASURING FROM THIS POINT, RATHER THAN THE FLOOR HAVING A TELEPHONE POLE THAT'S PRESENTLY LOCATED ON THE FAIL PROPERTY AND WE GOT A BUNCH OF THEM THAT WE CAN EASILY MARK OFF 30 FEET RIGHT ON THAT TELEPHONE POLE.

THAT'S A PERFECT MEASURING POINT OFF OF THE ESTABLISHED WORKING PLATFORM.

SO AGAIN, YOU HAVE TO DEAL WITH THE ISSUE.

UM, WE WOULD SUGGEST RESPECTFULLY THAT THE TOWN ENGINEER'S COMMENT, UM, REJECTING THE ESTABLISHED WORKING PLATFORM THAT THEY'VE, THAT THEY'VE AGREED TO, UM, IS UNNECESSARY AND UM, IS ONLY GONNA CREATE A WHOLE NEW DELTA QUESTION.

JUST SO YOU KNOW, MY, MY POINTS WERE MUCH MORE DIRECTED AT STORAGE OF FUELS AND THINGS, THE PLUMBING THAT WAS INSTALLED WITHOUT ANY PERMITS, THE ELECTRICAL THAT WAS INSTALLED WITHOUT ANY PERMITS, THE BUILDING, THE OUTBUILDINGS THERE, THERE SEEM TO BE MANY OF THE CONDITIONS ARE RELATED TO THOSE ITEMS. NO ISSUES.

WE, WE'VE ALWAYS SAID THAT, UM, THOSE PERMITS HAVE TO BE CLOSED OUT.

WE'VE APPLIED SHAUNA, YOU SHOULD KNOW HOW MANY TIMES, JEFF, HAVE YOU BEEN INTO THE BUILDING DEPARTMENT? WE HAVE FILED REPEATEDLY FOR THOSE PERMITS.

SO I I APPRECIATE YOU YOU PICKING THEM ALL OUT.

THE FUEL TANKS, THE ELECTRIC, THE SHED, WE'VE BEEN IN THERE.

PAPERWORK HAS BEEN FILED AND THEN REFILED.

SO PLEASE, FOR THE BENEFIT OF THE RECORD, MY CLIENT HAS ATTEMPTED TO SECURE THOSE PERMITS FROM YOUR BUILDING DEPARTMENT FOR A YEAR AND A HALF.

AND AT LEAST I'M TOLD BY MY CLIENT AND ITS TEAM THAT THEY'VE SUBMITTED MATERIAL FOR THIS.

WELL, I WAS JUST RELATING THEM TO A SITE PLAN AS THE NEXT STEP.

OKAY.

IF, IF, I MAY JUST MAKE CLARIFICATION, IF YOU DON'T MIND.

SO THE BUILDING DEPARTMENT UNDER 2 85 55 IS PRECLUDED FROM ISSUING ANY PERMITS ON THE SITE UNTIL SITE PLAN HAS BEEN APPROVED BY THE TOWN BOARD.

SO UNTIL THAT HAPPENS, EVERYTHING IS IN A ADVANCE.

UM, SO EVERYTHING WILL HAVE TO BE HELD UNTIL THAT POINT IN TIME.

ANYTHING ELSE WE CAN ANSWER? NO.

UM, I ONLY WANNA MAKE ONE COMMENT, AND THAT IS, UM, I DON'T THINK THE BOARD WOULD HAVE UNDERSTOOD AS WELL THE CONDITIONS THAT, UH, WE HAVE TO DISCUSS WITHOUT.

UH, PS AT PSNS.

PSNS.

YEAH.

ISN'T THAT WHAT I SAID? YEAH.

PSS.

OH, PNS.

NOW YOU GOT ME CONFUSED.

, WE KNOW WHO YOU'RE TALKING ABOUT.

.

UM, BECAUSE IT WAS A VERY CONFUSING SITUATION BEFORE, AND WE WERE BEING LEFT WITH, UM, MAKING A DECISION, UM, IN UTTER CONFUSION.

WELL, NOT UTTER CONFUSION, BUT WITHOUT REALLY UNDERSTANDING ALL OF THE, UM, ASPECTS THAT ARE INVOLVED WITH THIS.

AND SO I REALLY WANTED TO, UM, SAY OUR SHOW, OUR APPRECIATION, UM, FOR HAVING YOU GUYS PUT TOGETHER, UM, YOUR, YOUR REPORT AND EXPLAINING IT AS WELL AS YOU DID.

THANK YOU.

THANK YOU.

WE, WE TOO

[02:20:01]

SECOND THAT WE APPRECIATE IT.

AS I SAID AT THE OUTSET, I REPEAT WE APPRECIATE THE TIME AND THE EFFORT AND THE WILLINGNESS TO AT LEAST HEAR OUR COMMENTS.

YEAH.

UM, OKAY.

UH, I DO HAVE THE FIRST RESPONDERS HERE THAT DID WANNA SPEAK ON THE ISSUE OF THE, THE PROPOSED PILES, UM, WITH THE HEIGHT, BECAUSE THAT IS AN ISSUE THAT THE, UM, FIRE DEPARTMENT AND THE TACTICAL RESPONSE TEAM WOULD BE DEALING WITH IF THERE WAS AN EVENT AT THAT LOCATION.

WE HAVE CHIEF MALONE AND LIEUTENANT GRADY HERE.

SO IF THE BOARD HAS ANY QUESTIONS ABOUT THEIR ABILITY TO, UM, RESPOND AND AN INCIDENT, AND THERE COULD BE TECHNICALLY A FIRE AND, UH, CHIEF, CORRECT ME IF I'M WRONG IN A MACHINE AT A TOP OF A PILE.

THAT IS A SCENARIO THAT CERTAINLY COULD HAPPEN.

UM, HOPEFULLY IT'S AN UNLIKELY EVENT, UM, IN THIS CASE.

BUT IF ANYONE HAS QUESTIONS ABOUT HEIDI, WELL, I WAS GOING TO ASK THEM, DID THEY WANNA MAKE ANY COMMENTS WITH RESPECT TO WHAT THEY'VE HEARD THIS EVENING? CERTAINLY, AND PERHAPS EVEN BEFORE THEN.

UH, MY NAME IS, UH, EUGENE MALL II, SECOND ASSISTANT FIRE CHIEF ELER FIRE DEPARTMENT.

UM, PRESENTATIONS WERE VERY CLEAR TONIGHT.

UH, MY CONCERN AS A, UH, INCIDENT COMMANDER GOING TO ONE OF THESE, UH, SITES TO RESCUE SOMEBODY THAT'S IN PERIL, UH, MY EQUIPMENT WILL NOT TRACK AS DESCRIBED LIKE THE CONSTRUCTION EQUIPMENT.

I WOULD DEFINITELY HAVE TO USE MY AERIAL EQUIPMENT TO GET A HIGH POINT IN ORDER TO DO A ROPE RESCUE RETRIEVAL OF A PATIENT.

UM, WHEN YOU PUT A PILE 50 FEET IN THE AIR THAT PUSHES MY AERIAL FARTHER AWAY FROM THE TARGET AND, UH, MAKE A RESCUE, THE 30 FOOT PILE HEIGHTS WOULD PROBABLY WORK WITH US AND WORK WITH OUR LOW ANGLE RESCUE EQUIPMENT AND OUR AERIAL EQUIPMENT TO RETRIEVE A PATIENT, UH, THAT'S IN NEED OF MEDICAL CARE.

UM, YOU'RE NOT GONNA DRIVE AN AMBULANCE UP ON A PILE.

UH, IT'S GOTTA BE WALKED.

AND, UH, I DON'T KNOW IF ANYBODY'S WALKED THIS SIDE OF A MOUNTAIN RECENTLY.

IT'S A LITTLE STRENUOUS COLD WEATHER.

IT'S BAD, WARM WEATHER IS WORSE.

SO, AS FAR AS I'M CONCERNED, FIRST RESPONDER AND RESPONSIBLE FOR THE SAFETY OF MY PERSONNEL AND THE PERSONNEL OF THE, UH, EMS PROVIDERS THAT ARE GONNA COME.

CONSIDERATION HAS TO BE THAT WE HAVE ACCESS AND THAT WE CAN SET UP OUR AERIAL DEVICES IN ORDER TO REACH, UM, THE TARGET AREA.

UM, IF THERE'S, AND WE CAN GO INTO MANY DIFFERENT SCENARIOS.

IF WE HAVE A RESCUE BECAUSE OF PIZZA CONSTRUCTION EQUIPMENT SHIFTED AND MOVED THE PILE AND IT ROLLED IN SOMEBODY'S TRAP, THAT BRINGS A LOT MORE, UM, ISSUES AS FAR AS GETTING EQUIPMENT TO THE, TO THE SITE THAT NEEDS TO, TO, TO RESCUE THE PERSON.

UM, WE'RE NOT GONNA BE ABLE TO WALK UP THE SIDE OF A PA UH, A PILE.

WE'LL PROBABLY HAVE TO USE AN AERIAL BUCKET.

WE HAVE A HUNDRED FOOT, UH, TOWER LADDER THAT WE CAN USE AS A ELEVATOR, IF YOU WILL, TO REACH FOR, TAKE SOMEBODY IN A BASKET AND LOWER 'EM TO THE GROUND TO EMS PROVIDERS.

UM, ONE OF MY CONCERNS, AND, UH, THE CHIEF AND THE OTHER OFFICER OF THE DEPARTMENT AND DISCUSSING THIS WITH THE, UH, GREENBERG POLICE, UH, TECH RESCUE, WE HAVE TO HAVE ACCESS TO THE SITE SO WE CAN BRING OUR EQUIPMENT IN AND THE CONSTRUCTION EQUIPMENT HAS TO GET OUT OF OUR WAY.

AND RIGHT NOW, WE WE'RE VERY LIMITED AS TO OUR ACCESS TO THE PROPERTY.

AND THAT'S A CONCERN, UH, THAT WE SHARE.

SO I, I'M BE HAPPY TO ANSWER ANY QUESTIONS.

BUT, UH, THOSE ARE THE CONCERNS FROM THE FIRE DEPARTMENT AS THE FIRST RESPONDING AGENCY TO THAT FACILITY.

WHAT'S INTERESTING TO US, UM, IT WAS JUST THAT WE JUST HAD A CASE LAST WEEK, UH, WHERE WE WERE DISCUSSING A ROADWAY BEING ANYWHERE FROM 24 TO 26 FOOT WIDE TO PROPOSAL THAT WAS GIVEN BY THE CONSULTANT.

DOES THAT MAKE THE SITE MORE ACCESSIBLE OR LESS ACCESSIBLE? THE FOOTPRINT FOR MY A HUNDRED FOOT TOWER LADDER IS 26 FOOT.

'CAUSE I HAVE TO PUT OUTRIGGERS OUT IN ORDER TO STABILIZE THE, UH, THE, UH, CHASSIS IN ORDER TO LIFT THE AERIAL UP TO A HUNDRED FOOT.

AND THEN YOU GOTTA TAKE IN THE CONSIDERATION, THE PILE SPREADS OUT.

SO

[02:25:01]

NOW WITH MY OUTRIGGERS SIX FEET FROM THE, UH, CHASSIS OF THE TRUCK, IT'S GOING TO SHORTEN MY REACH TO THE TOP OF THE PILE.

THAT'S THE REASON WHY, UM, I FEEL THAT WE COULD PROBABLY DEAL WITH THE 30 FOOT HIGH, UH, PILE.

ANYTHING HIGHER THAN THAT, WE MAY NOT BE ABLE TO REACH WITH OUR AERIAL DEVICE.

OKAY.

I THINK THE ONLY THING THAT I UNDERSTOOD THOUGH WAS THAT THE 50 FOOT HEIGHT ISN'T WHERE A PIECE OF EQUIPMENT WOULD BE.

UM, IT WOULD BE DOWN ON A 30 FOOT HEIGHT WITH SOMETHING LIFTING PRODUCT UP, UH, TO THAT 50 FOOT HEIGHT.

UM, OKAY.

BUT IF THE 50 FEET ROLLS DOWN ONTO THE 30 FEET WHERE THE PEOPLE ARE IN THERE NOW, THEY'RE TRAPPED, I HAVE TO BRING EQUIPMENT UP AND IF OH, THAT MUCH I UNDERSTOOD.

YES.

RIGHT, RIGHT.

AND POINT, IF WE, WE HAVE PRODUCT THAT'S, THAT'S CASCADING DOWN, WE'RE NOT GONNA BE ABLE TO WALK UP OR USE THE, UH, NORMAL MEANS THAT THE CONSTRUCTION PEOPLE MIGHT HAVE BEEN USING.

WE'LL HAVE TO MAKE AN ALTERNATIVE.

UM, WE HAVE TO REMAIN FLEXIBLE, BUT, YOU KNOW, TO BUILD A SCENARIO FOR EVERY, UH, POSSIBLE INCIDENT IT MAY TAKE PLACE.

IT IS ALMOST IMPOSSIBLE.

IF THERE WERE TO BE A, AN EMERGENCY OF A NATURE THAT WOULD REQUIRE YOUR ASSISTANCE, IS THERE A PROTOCOL THAT THE, UM, APPLICANT WOULD BE PROVIDED WITH AS TO WHAT THEY NEED TO DO TO MAKE CERTAIN THAT WHEN YOU GET THERE WITH THE EQUIPMENT, THAT YOU CAN DO THE JOB THAT YOU NEED? WELL, WE'D HAVE TO ACTUALLY SEE A CYCLING, UNDERSTAND AND SEE HOWAND, EVERYTHING IS UNDERSTAND.

WE HAVE TO ESTABLISH WHAT THE BASE, WHAT THE NORMAL BASIS IS, AND THEN, YOU KNOW, WORK ACCORDINGLY.

UM, E EVEN IF YOU ARE IN A RESIDENTIAL NEIGHBORHOOD AND ALL OF A SUDDEN A BUILDING IS, IS ON FIRE, N NORMAL TRAFFIC HAS TO BE REROUTED.

AND, YOU KNOW, PEOPLE WANT TO GO THEIR WAY THAT THEY KNOW FOR FOREVER.

AND WHEN YOU TELL 'EM YOU HAVE TO MAKE A LEFT TURN INSTEAD OF A RIGHT, YOU THROW 'EM UP.

SAME THING ON THE CONSTRUCTION, THAT THEY'RE GONNA HAVE TO HAVE A PROTOCOL WHERE ALL THEIR EMPLOYEES, UM, GO TO A SAFE AREA AND ALLOW US TO ACCESS AND NOT TRY TO, UH, THE TENDENCY IS A WORKER WILL TRY TO HELP A FELLOW WORKER THAT'S IN TROUBLE AND GET THEMSELVES IN DEEPER TROUBLE.

SO INSTEAD OF RESCUING ONE PERSON, WE MAY HAVE TO RESCUE TWO OR THREE.

SO THOSE ARE, THOSE ARE, UH, PROCEDURES THAT WOULD HAVE TO TAKE, UH, INTERNALLY WITH THE THAO, UH, ORGANIZATION AS FAR AS WHAT TO DO, NO LESS THAN IN A, UH, PUBLIC BUILDING OR A SCHOOL BUILDING.

THEY HAVE FIRE DRILLS.

YOU'D HAVE AN EMERGENCY OPERATIONS PEOPLE WILL BE INSTRUCTED OF WHAT TO DO IN DIFFERENT VARIOUS, UH, SCENARIOS.

HAPPY TO BAKE THAT INTO OUR EMERGENCY RESPONSE PLAN, WHICH WAS SUBMITTED TO THE TOWN.

IF I MAY, SPECIAL CONDITION 18 REQUIRES AN UPDATED EMERGENCY RESPONSE PLAN BE SUBMITTED TIMELY.

AND THAT WOULD INCLUDE BE EXPANDED TO INCLUDE THE RIGHT TO KNOW INFORMATION THAT THE FIRST RESPONDERS WOULD NEED.

IT WOULD INCORPORATE THAT 20 FOOT, 24 FOOT WIDE ACCESS ROAD.

AGAIN, FOR THE FIRE, THE FIRST RESPONDERS, IT ALWAYS HAS TO BE UNINTERRUPTED UNIMPEDED ACCESS SO THEY COULD GET THAT EQUIPMENT IN.

AND THAT'S WHAT WE WERE ASKING FOR IN SPECIAL PERMIT ONE AND SPECIAL PERMIT CONDITION 18.

THAT'S COGNIZE THE IMPORTANCE OF IT.

AND DALE HAS INDICATED THAT THEY WILL DIRECT MR. GILL TO WORK WITH MR, WITH ASSISTANT CHIEF MALONE AND, AND RESOLVE THAT ERP ISSUE, EXCEPT I THINK THE CHIEF IS REQUESTING 26 FEET.

WELL, THAT'S, THAT WOULD BE THE FOOTPRINT IN ORDER TO PUT MY OUTRIGGERS OUT, TO STABILIZE THE TRUCK WHEN WE'RE PUTTING IT ON.

THAT'S 26 FEET DEAD AT THE BOTTOM OF THE PILE.

HE DOESN'T, HE MAY NOT HAVE 26 ON THE RAMP, IS WHAT HE WAS EXPLAINING TO US.

WELL, I, I CAN TELL YOU THIS, WE'RE NOT GONNA SET UP OUR AERIAL TRUCK ON A RAMP.

AND THE OTHER CONSIDERATION TOO IS WE HAVE CONSTRUCTION MATERIAL, UH, UH, MACHINERY TRAVELING ON HIS PROPERTY.

MY FIRE TRUCKS ARE NOT BUILT LIKE THE FRONT END LOADERS.

WE DON'T HAVE FOUR WHEEL DRIVE, WE DON'T HAVE TRACK TRACKING.

UM, OUR ROADWAY HAS TO BE ABLE TO WITHSTAND WEIGHT OF OUR TRUCK SO IT DOESN'T SINK.

AND THEN WHEN WE PUT OUR OUTRIGGERS OUT, HAS TO, WE HAVE TO HAVE FIRM, UH, FIRM, BASE BASE, OTHERWISE WE'RE GONNA TOPPLE THE, THE TRUCK OVER AND THAT'S ONLY $1.5 MILLION.

WE WOULDN'T WANNA WASTE THAT .

AND, AND YOU, YOU DON'T NEED, ONLY NEED TO BE ABLE TO GO UP THE RAMP, BUT

[02:30:01]

YOU ALSO NEED TO BACK, WELL, YOU GOTTA UNDERSTAND TOO, MY FIRETRUCK DOESN'T TURN ON A DIME LIKE CONSTRUCTION EQUIPMENT.

SO YOU HAVE TO BACK UP.

YEAH.

WE HAVE, UH, ANGLES, ANGLES THAT WE NEED TO ADDRESS TURNING RADIUSES, THINGS OF THAT NATURE.

SO THIS IS THOUGH, UM, I DON'T WANNA MAKE LIGHT OF ANYTHING YOU JUST SAID, ESPECIALLY AFTER EVERYTHING THAT'S BEEN HAPPENING OUT IN CALIFORNIA AND WHAT HAVE YOU.

UM, BUT IS THAT, THAT'S SOMETHING THAT WE CAN PUT INTO THE, UH, SPECIAL CONDITIONS.

BUT OTHER THAN THAT, THAT'S NOT REALLY PART OF THE ZONING BOARD'S PURVIEW.

UH, I WOULDN'T PRESUME TO HAVE ENOUGH INFORMATION ABOUT WHERE YOUR PURVIEW MAY LIMITED.

WHAT I WOULD NOTE IS THAT, YOU KNOW, WE'RE, WE'VE LOOKED AT THE SITUATION AS, AS PROVIDING, YOU KNOW, ADEQUATE CIRCULATION AROUND THE SITE.

IT STRIKES ME THAT, UM, SOME OF THE SPECIFIC CONDITIONS THAT THE, UH, DEPUTY CHIEF'S SPEAKING OF IN TERMS OF BEING ABLE TO GET TO CERTAIN PLACES ON THE SITE IN AN EMERGENCY, THOSE IN MY EXPERIENCE, ARE THINGS THAT, THAT A SITE PLAN WILL SPEAK TO.

SO THERE MAY INDEED NEED TO BE A, A SLIGHTLY WIDER AREA AT THE BASE OF THE TALLER, UH, INCOMING, UH, UNPROCESSED MATERIAL STOCKPILE IN ORDER TO ACCOMMODATE A PIECE OF EQUIPMENT.

UM, AND, AND THOSE ARE PRECISELY THE KIND OF THING IN MY EXPERIENCE, A SITE PLAN WILL LOOK AT AND THINK ABOUT.

'CAUSE THE GEOMETRY, THEN YOU'RE BORING IN ON THE GEOMETRY OF A, OF A PARTICULAR ASPECT OF, OF A PARTICULAR ELEMENT OF THE OPERATION.

AND WE, WE WERE, WE WERE LOOKING AT THIS FROM A SORT OF A MORE MACRO LEVEL, YOU KNOW, UH, TO SET SOME BROAD PARAMETERS WITHIN WHICH THE, THE, THE SITE PLAN WOULD, UH, WOULD RESPOND TO.

AND I, YOU KNOW, IT STRIKES ME THAT THIS IS PRECISELY THE KIND OF THING THAT WOULD VETTED OR FINALIZED.

UM, ONCE A CIVIL ENGINEER HAS A CHANCE TO PUT THOUGHT INTO THE DIMENSIONALITY OF THINGS AND THE TOWN'S REVIEWING ENGINEER LOOKS AT IT AND, AND THE, THE, THE FIRST RESPONDERS LOOK AT IT.

AND, UM, MY EXPERIENCE GENERALLY IS THAT THEY CAN COME TO AN AGREEMENT THAT IT'S A WORKABLE SITUATION.

UM, BUT IT'S, IT'S A DESIGN PROBLEM.

AND THERE'S, THESE ARE, THEY'RE DESIGN PROFESSIONALS THAT ADDRESS THESE KINDS OF PROBLEMS, UH, DAY IN DAY.

I COULDN'T AGREE WITH YOU MORE BECAUSE I CAN'T SEE WHY IT CAN'T BE JUST AS EASY TO MAKE A SPACE THAT'S 26, UH, FEET WIDE IF THEY'RE, IF THE MOUNDS ARE FLUID, THE STOCKPILES ARE FLUID ANYWAY.

UM, THEY JUST HAVE TO MAKE SURE THAT THEY ARE, UH, KEEPING WITHIN THOSE PARAMETERS.

AND I THINK IT'S GREAT TO HAVE YOU IN FRONT OF US TO EXPLAIN OR, OR, UH, TELL US THAT WE CAN'T FORGET YOU GUYS.

UH, 'CAUSE IT'S VERY IMPORTANT.

UM, I KNOW YOU SAID THAT IT, IT'S, NOTHING HAS EVER HAPPENED ON THAT SITE IN 27 YEARS, UM, AND YOU'VE NEVER SEEN ANYTHING HAPPEN.

BUT THEN, YOU KNOW, I'VE NEVER SEEN A JET PLANE, UH, FLY INTO A, A, A WORLD TRADE CENTER EITHER.

SO, UM, YOU NEVER SAY NEVER.

AND WE ALWAYS HAVE TO ANTICIPATE THE WORST, UNFORTUNATELY.

SO THAT'S SO TRUE.

THANK YOU.

YOU'RE WELCOME.

SO I JUST, UM, WANNA POINT OUT, UM, THAT WHILE CHIEF MALONE IS STILL HERE, THAT THERE WAS A SIMILAR INCIDENT THAT THE BUILDING INSPECTOR, UM, REPORTED TO THE BOARD, UM, AT THAS DAKOTA SITE IN MONTROSE WHERE, UM, THERE WAS A FIRE WITH PILES AND THE ABILITY FOR FIRST RESPONDERS TO GET THERE.

AND THANKFULLY, UM, FOR THA AND THANKFULLY FOR THE PEOPLE THAT WORKING THERE, NOBODY WAS HURT.

UM, YOU KNOW, AND THERE WAS LIZ.

LIZ, I'M SO SORRY.

CAN YOU SPEAK UP TO THAT? I'M, I'M, I'M SO SORRY MR. KLOW.

UM, SO BASICALLY, UM, THIS MEMO THAT FRANK, OUR BUILDING INSPECTOR HAD WRITTEN, IT JUST DOCUMENTS THE SIMILARITIES BETWEEN, UM, DAKOTA SITE WHERE THERE WAS AN INCIDENT AND THE SITE, VERY SIMILAR SEAT CONTAINERS, THAT THERE'S MATERIAL STORAGE AT THE ELMSFORD SITE THAT THE BUILDING INSPECTOR.

AND THAT'S WHY, UM, WE'VE, WE'VE, AND THE CHIEF IS CONCERNED BECAUSE RIGHT NOW YOU HAVE MATERIALS THAT ARE ON THE SITE.

THEY ALL HAVE, MATERIALS ARE ON THE SITE WHEN THE SITE IS CLOSED BECAUSE THERE IS NO, UM, PROTECTION TO GET INTO THE SITE.

CURRENTLY, THEY'S METHOD IS USING A BULLDOZER, UM, TO BLOCK THE ENTRANCE WHEN THE SITE IS CLOSED TO PREDICT, PREVENT PEOPLE FROM ENTERING THE SITE.

UM, BUT IT'S ALSO

[02:35:01]

PROHIBITING THE FIRE DEPARTMENT OR POLICE DEPARTMENT OR AN EMERGENCY RESPONDER TO GET INTO THE SITE.

SO WHAT THE BUILDING DEPARTMENT, UM, AND I KNOW THAT THE, I ECHO THE CHIEF'S CONCERN IS FOR FAIL TO PUT SOMETHING IN PLACE ACCEPTABLE TO THE POLICE AND FIRE DEPARTMENT THAT THEY CAN GET INTO WITHOUT USING A LOADER THAT'S NOT MOVABLE WHEN THE SITE IS CLOSED.

AND DO THAT IN THE IMMEDIACY BEFORE, UM, THEY GO TO SITE PLANNING, EVEN IF IT'S SOMETHING THAT'S TEMPORARY THAT THE CHIEF AND THE POLICE DEPARTMENT APPROVE.

UM, SO THAT THE SITE, IF YOU KNOW, THERE, THERE IS SOME TYPE OF AN INCIDENT THERE THAT IT WOULD BE ACCESSIBLE.

UM, AND I DON'T KNOW IF YOU WANNA ADD TO THAT CHIEF, BUT, UM, GOING BACK TO THE OPERATIONAL PLATFORM, UM, I APOLOGIZE JASON WAS NOT ABLE TO BE HERE TONIGHT.

UM, THERE, HE DID PUT IN HIS MEMO, AND I JUST WANNA MAKE A COUPLE OF CLARIFICATIONS.

THE TOWN HAS NO ISSUE WITH THE OPERATIONAL PLATFORM BEING USED AS A POINT OF MEASUREMENT TO THE TOP OF A PILE HEIGHT.

HOWEVER, THAT MATERIAL THAT'S BELOW THAT, AS WE HAVE MET WITH PHIL OVER A YEAR AGO, UM, IS ALL FILL THAT WAS BROUGHT INTO THE SITE WITHOUT PERMIT.

THAT FILL THAT IS LOCATED ON THAT SITE HAS TO BE FILED WITH THE TOWN ENGINEER.

SO IN ORDER FOR THAT TO BE CONSIDERED PART OF THAT HEIGHT, YOU NEED TO HAVE IT FILED FOR WITH THE TOWN ENGINEER.

UM, THA HAD OBJECTED TO THAT AT THE TIME.

UM, AND SO WE SAID, OKAY, WELL THAT'S FINE.

WE'LL HAVE TO CONSIDER THE BASE ELEVATION FROM 2001, UM, TO THE TOP OF THE PILE HEIGHTS.

SO HOWEVER THAT'S DETERMINED IN THAT, UM, YOU KNOW, JASON CAN WORK WITH WHOMEVER TO COME UP WITH THE ELEVATIONS WITH 2001 TO WHAT IT IS NOW.

AND IT'S GOING TO VARY BECAUSE THERE'S A LARGE AMOUNT OF FILL THAT'S NEXT TO PAUSE CROSS.

YOU CAN SEE THE ELEVATION AS YOU GO CLOSER TO THE MAIN WAREHOUSE LANE.

THAT IS, UM, IT'S, IT'S A LOT LESS WITH REGARD TO THE TRACKING OF THE MUD.

UM, DALE HAS PUT IN RUMBLE STRIPS, WHICH WAS A WELCOMED ADDITION.

HOWEVER, THERE IS STILL DIRT BEING TRACKED INTO THE ROAD TO MR. STEINMAN'S POINT, THAT'S A PRIVATE ROAD.

UM, IT'S OWNED PRIVATELY, UM, BY A COMPANY, UM, THAT HAS BROUGHT COMPLAINTS TO THE BUILDING DEPARTMENT AND THEY CONTINUE TO BRING COMPLAINTS TO THE BUILDING DEPARTMENT.

UM, THEY'VE BEEN TRYING TO WORK WITH, UH, DALE TO COME UP WITH A SOLUTION.

THEY ALSO OWN THE BRIDGE THAT THE TRUCKS ARE GOING BACK AND FORTH ON.

AGAIN, IT IS NOT TOWN OWNED.

IT'S NOT TOWN MAINTAINED, IT'S PRIVATELY OWNED.

THEY ARE, UM, IN THE PROCESS OF REPAIRING IT, THAT BRIDGE HAS BEEN ISSUED A NOTICE OF VIOLATION BECAUSE IT'S BEEN FLAGGED, UM, AS UNSAFE IN CERTAIN AREAS AND HAS TO BE REPAIRED.

UM, THEY'RE WORKING WITH THE ENGINEERING DEPARTMENT TO HAVE THAT BRIDGE, UM, FIXED.

SO THAT IS AN ISSUE THAT THE TOWN HAD WITH AN ADJOINING PROPERTY OWNER OF TRUCKS GOING BACK AND FORTH.

THAT'S GONNA BE A, A PRIVATE MATTER THAT'S TAKEN CARE OF, UM, WHETHER THEY'RE GONNA POST A WEIGHT LIMIT.

UM, AND THAT'S GONNA BE THROUGH THEIR ENGINEERS, UM, GOING BACK AND FORTH.

BUT, UM, THAT, THAT WAS THE ISSUE WITH THE BRIDGE.

WITH REGARD TO THE TRUCK WASH.

UM, WE'VE HAD SIMILAR SITES, REGENERON BEING WON, THAT HAD ISSUES OF TRACKING SIMILAR, UM, SITE DIRT INTO THE ROADWAY.

WE HAD THEM INSTALL A TRUCK WASH, WHICH WAS A VERY SIMPLE INSTALL.

AND THAT'S BEEN VERY SUCCESSFUL.

WE HAVE NOT HAD ONE COMPLAINT SINCE THAT WAS INSTALLED.

SO THE TOWN ENGINEER OFFERED THAT, UM, AS A VIABLE METHOD.

WHETHER THAT'S SOMETHING, YOU KNOW, THERE'S ALTERNATE METHODS.

I'M SURE, UH, THE TOWN ENGINEER WOULD CONSIDER IT.

UH, WE ARE PUSHING FOR TRUCK WASH JUST BECAUSE WE KNOW IT WORKS.

UM, AND THAT'S, THAT'S IT OTHER THAN, UM, THE TIME PERIOD.

AND I KNOW MR. STEINZ HAS JUST INDICATED HOW, UM, DALE WANTS TO MOVE FORWARD WITH GETTING THEIR BUILDING PERMITS, UM, TO PERFECT THAT PERMIT.

IN ORDER FOR THE BUILDING DEPARTMENT TO BE AUTHORIZED TO ISSUE ANYTHING ON THE SITE, THEY HAVE TO GET THE TOWN BOARD APPROVAL.

SO THE BUILDING DEPARTMENT, BECAUSE OF THE UNKNOWN, UH, SITUATION THAT IS AT THE, THE PROPERTY AND THE INSPECTIONS THAT NEED TO TAKE PLACE, WE'RE ASKING THAT, UM, THAT HAPPENS SOONER THAN LATER.

UM, AND THAT THE TOWN BOARD AT LEAST GETS FILED FOR AND YOU START MOVING THROUGH THAT PROCESS AND THEN THE SITE PLAN CAN BE PERFECTED AND INCORPORATED.

THAT'S ALL I HAVE.

THANK YOU.

YOU'RE WELCOME.

ANYTHING ELSE FROM THE BOARD AT THIS TIME? UH, SO LIZ, YOU'RE

[02:40:01]

SAYING THAT WE CAN'T COME TO A DECISION UNTIL THEY GO BEFORE THE TOWN BOARD.

I'M SAYING THAT THE BUILDING DEPARTMENT IS PRECLUDED FROM ISSUING PERMITS OR DOING ANY INSPECTIONS ON THOSE UNTIL THEY HAVE TOWN BOARD SITE PLAN APPROVAL.

RIGHT.

SO THAT IS, THAT IS A DIFFERENT ISSUE THAN WHETHER THEY SHOULD BE REQUIRED TO GO FOR SITE PLAN BEFORE YOU ISSUE THE SPECIAL PERMIT.

YOU CAN ISSUE THE SPECIAL PERMIT CONTINGENT AND SUBJECT TWO WITH CONDITIONS THAT THEY GET SITE PLAN APPROVAL.

SO THE SITE, SO THE SPECIAL PERMIT WOULD NOT BE EFFECTIVE UNTIL THEY WOULD, THEY WOULD OBTAIN SITE PLAN APPROVAL.

OKAY.

PROCEDURE THAT, THAT'S, 'CAUSE THAT'S WHAT I GOT FROM MR. STEINMAN.

BUT THEN WHEN LIZ SAID THAT, I, I SAID, WHOA, WAIT, SO WE CAN'T, UH, ISSUE THE SPECIAL PERMIT.

I'M TALKING ABOUT PERMIT.

AND THEN ONCE THEY GET THE SITE PLAN APPROVAL, THEN THEY CAN GET PERMITS FOR LEGALIZING OR WHATEVER THEY HAVE TO DO TO LEGALIZE .

SO I JUST WANTED TO MAKE ONE CLARIFICATION THAT THE, THE CHIEF AND, UM, MR. STEINMAN MADE WAS THAT, AND YOU, MR. PERILLO WITH THE EQUIPMENT.

AND JUST A CLARIFICATION, THE EQUIPMENT MAY GO ABOVE THAT 30 FOOT HEIGHT.

OKAY, I SAID THAT.

SO THAT'S, SO WHAT MR. CRITCHLOW HAD SAID WAS THAT HE DIDN'T BELIEVE THE EQUIPMENT WOULD GO HIGHER THAN 30 FEET.

AND THAT WAS THE CHIEF'S CONCERN, WAS THAT THAT EQUIPMENT, IF SOMETHING HAPPENED OVER THE 30 FOOT HEIGHT, WOULD CAUSE AN ISSUE WITH.

UM, SO MY, MY, MY THOUGHT WAS IF THERE WAS A CONDITION THAT A 30 FOOT HEIGHT THAT NO EQUIPMENT WOULD BE BROUGHT HIGHER THAN THAT, IF THAT'S SOMETHING THAT'S OPERATIONAL.

SO I WOULD ASK YOU TO NOT VENTURE INTO THAT.

'CAUSE I THINK YOU'RE THEN REGULATING HOW THEY OPERATE THEIR BUSINESS.

IF YOU, IF WE WANT TO TALK ABOUT SAFETY, WHICH IS AN APPROPRIATE TOPIC AND ADDRESS IT, HAPPY TO ADDRESS THAT.

BUT I DON'T THINK IT'S WITHIN THE PARAMETERS OF THE ZONING BOARD TO SAY TO SOMEBODY, THIS IS HOW YOU CAN OPERATE YOUR BUSINESS.

THIS IS HOW YOU CAN'T, I DON'T THINK ZONING ALLOWS YOU TO DO THAT.

HOWEVER, MOST IMPORTANTLY I WOULD ASK MR. GILL VERY BRIEFLY, SINCE SAFETY WAS A TOPIC OF, OF THE DEPUTY CHIEF AND, AND LIZ IS RAISING IT ONCE AGAIN, GIVE HIM TWO, THREE MINUTES.

SO AT LEAST YOU HEAR WHAT AN SSHA CERTIFIED TRAINER AND OUR SAFETY EXPERT BELIEVES OR PLEASE, UM, WOULD SPEAK TO BECAUSE IT'S NOT IN THAS INTEREST FOR THE SITE TO BE UNSAFE FOR ITS EMPLOYEES AS WELL AS FOLKS OFFSITE.

UM, AND IT'S OBVIOUSLY NOT IN THE TOWN'S INTEREST.

SO THAT'S WHY MR. GIL, WE, WE HAVE HEARD THIS GENTLEMAN SPEAK BEFORE.

AND AS WE'RE, WE ARE HEARING MHA DOES NOT COVER THIS SITE.

NOBODY SAID IT DOES SHOWING UP.

SO WHY ARE WE, WHY IS THIS RELEVANT? I ALSO WORK IN THE FIELD.

SO WHEN I ISSUE SITE, IF I CAN ORFIELD, HELLO EVERYBODY.

I HOPE I CAN MAKE THIS CLEARER THAN MUD BECAUSE, UH, MR. , I'VE HEARD YOU A COUPLE OF TIMES GO, YOU'VE LEARNED SO MUCH IN THE LAST YEAR ABOUT ANGLES OF REPOSE AND THE MINE AND, AND ALL THIS KIND OF OPERATIONAL FIELD.

SO, UM, BEAR YOUR INDULGENCE.

OKAY, FIRST OF ALL, WHEN I GO ONTO THEIR SITE, UM, I AM TASKED TO, TO USE MINE SAFETY AND HEALTH ADMINISTRATION'S SSHA STANDARDS BECAUSE THEY'RE ACTUALLY IN THIS INSTANCE, MUCH MORE STRINGENT THAN OSHA.

OSHA HAS NO STANDARDS ON STOCKPILES OR HOW TO WORK AROUND STOCKPILES WHERE SSHA DOES.

SO THAT'S WHY I USE BOTH.

AND THEY CAN TELL YOU IF THEY SEE MY, IF YOU WOULD SEE MY SAFETY REPORTS, I USE BOTH.

THEY'LL GET A STANDARD, SAY, THIS IS THE SSHA STANDARD, THIS IS THE OSHA STANDARD.

SO WE DO USE BOTH OF THEM.

AND DEPENDING ON, I'M TALKING ABOUT WHETHER IT'S A LADDER OR A STOCKPILE.

OSHA'S MUCH MORE STRINGENT ON LADDERS, ANDHAS THE OTHER WAY ON THE SOCK PILES.

DOES THAT MAKE SENSE? MM-HMM .

OKAY.

SO THAT'S WHY WE DO IT.

IT'S DISCRETIONARY AND IT'S HOLDING THEM TO A HIGHER BAR.

IT ALSO MAKE CONSISTENCY THROUGH THE, THROUGH THE OPERATION.

SO WE, YOU WANT TO SPEAK TO THE RAMP AND THE RAMPANT ACCESS UP THERE.

AND AGAIN, UH, JUST SO YOU HAVE SOME BACKGROUND, UH, THANK YOU FOR YOUR SERVICE GUYS.

I'VE ALSO WORKED WITH IN TWO DIFFERENT SITES WITH THE FIRE DEPARTMENTS TO COME IN AND DO TRAINING PROGRAMS. THEY'VE USED OUR SITES FOR THEY RETRIEVALS AND WE'VE SET UP ENGINEER, UH, UH, THE TRAINING SITUATIONS FOR THE GUYS TO WORK.

AND I THINK THAT'S A GREAT WAY TO DEVELOP TEAMWORK BETWEEN THE INDUSTRY, THE BUSINESS AND FOR YOU GUYS TO GET ASSOCIATED.

SO MAYBE A TRAINING NIGHT, THIS WOULD BE SOMETHING PLANNED IN THE FUTURE WHERE YOU COULD HAVE A JOINT PROCESS.

EITHER THE POLICE OR

[02:45:01]

THE FIRE DEPARTMENT'S GONNA COME IN AND HAVE A PRACTICE RUN RIGHT ON SITE.

THAT'S PART OF YOUR, THE PLAN THAT YOU'RE TALKING ABOUT, YOUR EMERGENCY PLAN, WHICH WE CAN ALL SET UP IN THE FUTURE, RIGHT? AND THAT'S WHERE WE WOULD REALLY ADDRESS HOW YOU'RE GONNA GET UP THERE.

I COULD SIT HERE AND GIVE YOU POSSIBILITIES, BUT IT'S MUCH BETTER TO COME IN THAT NIGHT WITH AN OPERATOR THAT'S THERE, MAYBE THE PLANT MANAGER.

AND WE'RE GOING TO SIT HERE AND OKAY, NOW WE'RE GONNA DO THE NUTS AND BOLTS.

WE'VE GOT MACHINES THAT CAN GO UP THERE WITH NO PROBLEM ALL THE TIME.

THEY'RE RUBBER TIRE MACHINES, THEY'RE TRACK MACHINES.

THEY CAN'T ALL ACCESS THAT.

I'VE WALKED UP THERE WITH NO PROBLEM AND I GOT PLENTY EXTRA WEIGHT.

AND YES, I'VE SEEN FIRE, I'VE SEEN THE, THE, THE EMERGENCY PERSONNEL BRING MY OWN STEP COTER DOWN TWO FLIGHTS OF STAIRS.

IT WAS DIFFICULT, BUT THEY MANAGED TO GET HER UNDER THE AMBULANCE.

WE COULD DO IT.

IT'S ALSO GONNA BE A RARE INSTANCE AS OPERATIONAL 'CAUSE THEY'RE NOT GONNA BE UP THERE THAT OFTEN.

THEIR NORMAL STANCE WHEN THEY'RE OPERATING IS THE TRACKS ARE ABOUT THIS HIGH OFF THE GROUND.

THAT'S SOMEWHERE AROUND EIGHT TO 10 FEET.

THAT INSTANCE WHEN THEY'RE STOCKING, LIKE THAT WOULD BE VERY RARE.

THEY'RE ONLY STOCKING THAT MATERIAL, THAT MATERIAL UP THERE.

RARELY WHEN IT COMES IN, MOST OF THE TIME AS WE'RE GATHERING AND TAKING OUT, IT'S GONNA BE DONE AT A MUCH LOWER HEIGHT.

AS A MATTER OF FACT, USUALLY THE, THE, THE MACHINE WORKS ON ITS NORMAL PAD THAT'S 10 FEET HIGH.

DID I ADDRESS IT? 24 VERSUS IT 26 FEET? IS THAT, IS THAT AN ISSUE? I, THAT'S, THAT'S FOR YOU GUYS RUNNING THE PLANE.

I THINK FOR THE STOCKPILES, IT'S, IT'S, I AGAIN, GOOD GENTLEMEN, I, I LOOK AT LOW STABILITY.

I'VE JUST BEEN TEACHING IT FOR THREE DAYS UP AT GLEN FALLS.

THAT'S ON MY THROAT'S.

A LITTLE THICK PART OF NEW MINOR TRAINING AS FAR AS THAT.

HE POINTED OUT, UH, GENOS POINTED OUT VERY NICELY, SORRY I DIDN'T MISS YOUR NAME PERFECTLY, BUT WE OWE YOU A FEW FROM FAIL .

UM, , DID I SAY THAT OUT LOUD? UM, THAT'S BETWEEN YOU GUYS THE STABILITY OF THE PILE, RIGHT? WHAT HE WAS TALKING TO EARLIER.

THE PILE GETS ITS OWN STABLE SIZE.

WHAT HE WAS TALKING TO IS HOW MANY PILES IS THE FOOTPRINT, HOW MANY CAN WE GET ON THE PROPERTY? AND THAT CHANGES THAT THEY'RE GONNA WORK AROUND.

HERE'S THE ROAD, HERE'S THE PILES.

MOVE THE LITTLE CONES AROUND.

YEP, THERE WE GO.

WE GOT 28 FEET HERE WHERE WE NEED IT.

I'M SURE THAT CAN ALL BE WORKED OUT REASONABLY AS FAR AS THE SAFETY OF THE PILES.

THEY'RE GONNA BE A PILE.

THEY'RE, THEY'RE GONNA MAINTAIN OR SLOPE THEIR STABLE FORM, WHICH THEY GET, YOU KNOW, WE'VE ALL PILED SNOW UP.

YOU COULD MAKE 'EM A STABLE PILE OR AN UNSTABLE PILE.

MOST MATERIALS, I SHOULDN'T SAY THAT.

ALL MATERIALS SEEK THEIR LIMIT OF STABILITY.

SO I DON'T WANNA GO NUTS ON THIS AGAIN 'CAUSE THEN I'M GOING TO HAVE ALL THAT ANGLE REPOSE.

CRAP .

SO NOT GONNA DO IT.

NOT GONNA DO IT.

BUT IS THERE ANYTHING ELSE I COULD SAY THAT UNDER MY PURVIEW THAT WOULD MAKE ANYTHING CLEARER FOR ANYBODY HERE? NOW ONE THING I DO WANT TO UNDERSTAND, UM, WHEN THE UNPROCESSED MATERIAL IS COMING IN AND THEY'RE PUTTING IT ON THE PILE MM-HMM .

THEY'RE PILING IT ON TOP.

MM-HMM .

WHEN THEY'RE TAKING THE UNPROCESSED MATERIAL AWAY IN ORDER TO PROCESS IT.

MM-HMM .

THEY'RE TAKING IT FROM THE BOTTOM.

NOT, IT DEPENDS ON HOW THEY'RE SETTING IT UP.

THEY HAVE A VERY GOOD, UH, SYSTEM THEY ALREADY DO AT THEIR FISH KILL PLANT WHERE THEY'RE WORKING ON BENCHES THAT ARE 50 FEET HIGH AND THEY MAY BE WORKING OVER A BENCH HERE AND THEY HAVE TWO OR THREE OF EXCAVATORS WHERE ONE GUY'S DRAGGING IT AFTER THE BLAST.

AND GUYS, YOU HAVE TO IMAGINE IT'S PROBABLY THE BLAST IS THREE TIMES THE SIZE OF THIS ROOM AND FULL OF STONE.

AND THERE'S A MACHINE DIGGING HERE AND SWINGING OVER AND SENDING IT DOWN THERE AND ANOTHER GUY GRABS IT, IT'S A LITTLE CONVEYOR BELT AND THEN IT ENDS UP DOWN BY THE SECOND OR THIRD MACHINE WHO GOES, OH, PUT IT IN THE TRUCK.

AND OFF THEY GO.

LIKE, I THERE.

SO THEY PROBABLY WOULD NOT, I, I CAN'T SPEAK TO IT.

THAT'S THEIR PRODUCTION.

GENERALLY A MACHINE LIKE THIS WITH SUCH REACH, YOU MIGHT HAVE, AND, AND AGAIN, HE MIGHT WORK THE NIGHT BEFORE REACHING UP AND JUST SCRATCHING SOME DOWN AND MAKING A PILE AND DUMPING SOME DOWN.

AND THE NEXT MORNING HE LOADS THAT OUT.

COULD POSSIBLY BRING A SECOND MACHINE IN THAT'S SCRATCHING IT DOWN UP HIGH.

BUT JUST DROPPING IT OVER DOWN SO THE SECOND MACHINE CAN SAFELY AND QUICKLY AND, AND EASILY SCOOP IT UP AND FEED THE MACHINERY.

DID THAT ANSWER YOUR QUESTION? UH, YES IT DID.

ANYTHING ELSE? I'LL SIT DOWN NOW.

THANK YOU MR. MADAM.

CHAIR.

MEMBERS OF THE BOARD WE WOULD ASK YOU TO CONSIDER ADOPTING THE SPECIAL PERMIT, UM, AND THEN ALLOWING US TO MOVE FORWARD WITH, UM, THE TOWN BOARD ON ANY SITE PLAN REVIEW.

IF, IF THAT'S YOUR PREROGATIVE, IF THAT'S YOUR PREFERENCE.

CAN I ASK A QUESTION? A SEC?

[02:50:01]

UM, YOU ALSO HAD A TIMING QUESTION AS WELL.

YOU WANT US TO ISSUE IT SO YOU CAN MOVE FORWARD, BUT I UNDERSTAND THAT, UM, IF WE ISSUE THE PERMIT WITH THE CONTINGENCIES, THEN YOU CAN GO IN AND INSPECT AND ALL THAT, WHICH YOU CAN'T DO NOW.

NO.

SO IT'S OUR, OUR ABILITY TO ISSUE THE BUILDING PERMITS.

IT'S NOT CONDITIONED ON YOUR SPECIAL USE PERMIT THAT WOULD BE CONDITIONED ON THE TOWN BOARD ISSUING AN APPROVED SITE PLAN.

OKAY.

OKAY.

AND JUST SO I, I WANNA REPEAT IT BECAUSE I WANNA TRY TO MAKE SURE THAT THIS POINT IS CLEAR AND I MAY BE WRONG AND I'M HAPPY TO LISTEN TO WHY, WHY I AM, I THINK IT WILL BE A LOT EASIER AND FAR MORE INTELLIGENT FOR US TO PRESENT A SITE PLAN TO THE TOWN BOARD IF WE UNDERSTAND THE PARAMETERS THAT YOU HAVE IMPOSED UNDER YOUR SPECIAL PERMIT JURISDICTION.

YOU'RE DICTATING CERTAIN THINGS IN THESE 1819 CONDITIONS.

YANOS AND BRIAN HAVE SORT OF ORCHESTRATED A LOT OF THE WAY THIS SITE HAS TO LOOK.

I'D LIKE TO BE ABLE TO TAKE THAT, AS I SAID EARLIER, BUT I WANNA MAKE SURE THE POINT IS CLEAR.

TAKE THAT HAND THAT TO MY CIVIL ENGINEER PAUL PAUL RENDER ME NOW A SITE PLAN AND LET ME GO TAKE THAT SITE PLAN AND PRESENT IT TO THE TOWN BOARD AND SECURE APPROVAL OF THAT SITE PLAN.

THAT TO ME IS THE LOGICAL, PRUDENT WAY, ESPECIALLY AFTER THIS BOARD AS LEAD AGENCY HAS SPENT 18, 19 MONTHS GOING THROUGH THIS.

SO THAT'S WHY I'M SUGGESTING I'M NOT DOING IT JUST 'CAUSE I WANNA GET OUTTA HERE.

UM, I'M NOT DOING IT, UH, BECAUSE I DON'T WANT TO COME BACK HERE.

UH, I MAY HAVE NO CHOICE, BUT THE GOVERNMENT, THE TOWN BOARD MAY, MAY DISAGREE, MAYBE THEY'LL CHANGE SOMETHING.

I HAVE TO COME BACK AND, UM, ASK YOU TO POSSIBLY CHANGE YOUR SPECIAL PERMIT.

HOWEVER, I THINK IT WOULD BE AS A LAND USE PRACTITIONER, I FEEL IT'S FAR MORE PRUDENT AFTER WHAT WE HAVE DONE TOGETHER WITH PROFESSIONAL ASSISTANCE TO NAIL DOWN OUR CONDITIONS.

TAKE THAT AND GO TO THE TOWN BOARD.

THAT'S MY POINT.

ED, CAN I ASK A, JUST A LOGISTIC QUESTION.

SO IS IT PROPERTY? CAN YOU, SORRY IF, IS IT PROPER FOR THE DECISION, THE ZONING BOARD TO CLOSE IT? FOR THE RECORD AND UNTIL TOWN BOARD REVIEWS SITE PLAN.

SO THE RECORD IS THE DECISION, YOU KNOW, THAT YOU KEEP THE RECORD OPEN UNTIL THE TOWN BOARD RENDERS THEIR SITE PLAN.

SO ANY COMMENTS THAT THE TOWN BOARD MAY HAVE CAN BE INCORPORATED OR, OR THEY CAN INCORPORATE IN I, AND THIS IS JUST A, A QUESTION TO TRY TO YEAH.

WASN'T THAT, WASN'T THAT WHAT ED HAD JUST SUGGESTED THAT WE CAN MM-HMM.

NO, NO, SHE'S TALKING ABOUT SOMETHING ELSE LEGAL.

SORRY.

NO, WHAT I HAD SUGGESTED WAS THAT YOU CLOSE THE HEARING TONIGHT, RIGHT? FOR DECISION ONLY.

FOR DECISION ONLY.

YOU CLOSE THE HEARING, BUT IT'S MY UNDERSTANDING THAT THERE ARE ADDITIONAL DOCUMENTS THAT WILL BE SUBMITTED OR, OR MODIFICATIONS TO DOCUMENTS THAT WILL BE SUBMITTED PROBABLY AS A RESULT OF WHAT WENT ON TONIGHT.

SO MY SUGGESTION IS YOU CLOSE THE HEARING, KEEP THE RECORD OPEN AND YOU WERE GOING TO ADJOURN IT UNTIL MARCH ANYWAY, BECAUSE TWO OF YOU WERE NOT GOING TO BE HERE IN FEBRUARY, AS I RECALL FROM LAST WEEK.

SO WE MAY NOT HAVE ENOUGH PEOPLE IN FEBRUARY TO DECIDE TO ISSUE A DECISION.

SO YOU CLOSE IT TONIGHT, CLOSE THE HEARING, KEEP THE RECORD OPEN AND UNTIL THE MARCH MEETING, AND AT THAT POINT GARRETT AND I WILL WORK ON A DRAFT FOR YOU THAT INCORPORATES AND THEN TAKING INTO ACCOUNT ANY COMMENTS THAT YOU HAVE AND, UH, YOU'LL HAVE SOMETHING HOPEFULLY READY TO GO AT THE MARCH MEETING.

NOW THAT DOESN'T ADDRESS THE ISSUE OF SITE PLAN, RIGHT? YOU CAN REQUEST, BUT NOT PROBABLY REQUIRE THAT THEY FILE AN APPLICATION FOR SITE PLAN BEFORE.

I THINK WHAT DAVID WAS SAYING MAKES SOME SENSE THAT YOU HAVE THIS SPECIAL PERMIT IN PLACE BEFORE YOU GET TO THE SITE PLAN.

[02:55:02]

AND BY THE WAY, THE SAFETY ISSUES ARE SITE PLAN, IN MY OPINION ANYWAY MM-HMM .

AND, UH, ARE SITE PLAN ISSUES THAT, UH, CAN BE ADDRESSED AT THAT POINT IN TIME.

RIGHT.

SO, SO ON THAT NOTE, IF THERE'S NO OBJECTION FROM THE ZONING BOARD, SOME, SOME PROJECTED DATES THAT LINE UP WITH WHAT ED JUST DESCRIBED WOULD BE, UH, FIRST THIS WOULD BE A QUESTION FOR PS AND S DO YOU FEEL THAT BY, FOR EXAMPLE, FEBRUARY 5TH, UH, WHICH IS A WEDNESDAY THAT YOU'D BE ABLE TO PERFECT YOUR MEMO, WHICH WILL BE UPDATED AS A RESULT OF WHAT YOU'VE HEARD TONIGHT? IT'S CURRENTLY JANUARY 23RD, ANOTHER TIME.

YES.

FEBRUARY 5TH IS APPROPRIATE.

YES.

OKAY.

THEN, THEN THAT WOULD BE DISTRIBUTED TO THE, TO THE ZONING BOARD, OF COURSE, UH, THE APPLICANT AND TOWN STAFF.

AND THEN HOLD THE WRITTEN RECORD OPEN UNTIL MONDAY, FEBRUARY 10TH IN CASE GIVE, GIVE A, A SHORT WINDOW OF OPPORTUNITY FOR THE PARTIES TO COMMENT ON THE FINAL PSNS MEMO, WHICH WOULD THEN, UH, ALLOW, AS ED DESCRIBED, UH, HE AND I TO PREPARE DRAFT SEEKER NEGATIVE DECLARATION AND DRAFT SPECIAL PERMIT FOR THE, UM, THURSDAY AND MARCH 13TH MEETING.

SO IF THERE'S NO OBJECTION THERE, THEN, UM, WELL I GUESS THE TYPICAL MEETING IS, UH, I MEAN THIS IS ESSENTIALLY DELIBERATION, WHICH I DON'T THINK WE NEED.

THEY WOULD ESSENTIALLY MAKE A MOTION TO, UM, CLOSE THE PUBLIC HEARING TONIGHT AND KEEP THE WRITTEN RECORD UP UNTIL MONDAY, FEBRUARY 10TH.

STILL ASK QUESTIONS AFTER THE 10TH IF YOU HAVE QUESTIONS.

UM, I'M SORRY, WHAT'S THE QUESTION? IF AS A RESULT OF GETTING THE WRITTEN RECORD IN, WE HAVE SOME QUESTIONS.

CAN WE, COULD THOSE BE ASKED AND PUT IN WRITING? YEAH.

YEAH.

I FEEL LIKE YES, OF COURSE.

YEAH.

I JUST WANNA MAKE, YEAH.

OKAY.

DOES SOMEBODY HAVE TO DO MOTION ON? WE JUST SAID.

WELL, THANK YOU FOR THAT CLARITY BECAUSE NORMALLY WHEN WE HOLD IT OVER, WE ASK FOR SOMETHING.

I DIDN'T KNOW WHAT THE ASK WAS, BUT NOW YOU CLARIFIED THAT.

OKAY.

SO IF THE BOARD'S PREPARED, I CAN RE RE RECITE THAT, THAT MOTION.

THAT THAT OKAY, PLEASE.

UM, SO WOULD THE BOARD ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING THIS EVENING AND KEEP THE WRITTEN RECORD OPEN UNTIL MONDAY, FEBRUARY 10TH? I SECOND THAT.

OR, WELL, I'M NOT MAKING A MOTION.

WE NEED A BOARD MEMBER.

, IT SOUNDED LIKE YOU WERE OKAY.

I DON'T KNOW WHAT'S, I MADE A PREMO .

OKAY.

DO WE NEED TO, ALRIGHT, SO DO WE HAVE A MOTION? YOU WANNA MAKE THAT MOTION? WHO? ME? YES.

I MEAN, THIS IS OUR DELIBERATION.

DO YOU WANT YOU JUST AFFIRM WHAT I SAID.

YOU DON'T HAVE TO REPEAT IT.

WE DON'T HAVE TO HAVE A MOTION FOR THE DATE, FOR THE DATE THAT WE CAN DO, DO A MOTION TO KEEP THE RECORD OPEN UNTIL A CERTAIN DATE.

SO DO YOU WANT GIVE THE QUESTION? I, I MOVED THAT WE CLOSED THE HEARING.

KEEP THE RECORD OPEN UNTIL FEBRUARY 10TH AND THEN THAT'S IT, RIGHT? THAT'S IT.

THAT'S IT.

YES.

THANK YOU.

SECOND? SECOND.

OKAY.

ALL IN FAVOR? AYE.

AYE.

CHAIR OUTSIDE.

OKAY.

THANK YOU ALL ONCE AGAIN FOR YOUR TIME AND YOUR PERSISTENCE HERE.

THANK YOU.

THANK YOU.

WHO, WHO SAID CHRISTY, DID YOU CALL THE TIME? .