Link


Social

Embed


Download

Download
Download Transcript


[I. ROLL CALL]

[00:00:03]

GOOD EVENING EVERYONE.

UH, WELCOME TO THE PLANNING BOARD, HASTINGS ON HUDSON, PLANNING BOARD MEETING OF MARCH 19TH, 2026.

UM, WELCOME EVERYONE.

UH, MARY ELLEN, COULD YOU TAKE A ROLL CALL PLEASE? CHAIR PERSON.

EVA ALLGOOD.

HERE.

BOARD MEMBER RICHARD BASS HERE.

BOARD MEMBER DANIEL BERKOVITZ.

HERE.

BOARD MEMBER ANJALI CHEN.

HERE.

BOARD MEMBER DAVID GUNTON.

HERE.

BOARD MEMBER PATRICK DIGGINS.

HERE.

ALTERNATE BOARD MEMBER THOMAS SPIRE.

HERE.

PLANNING CONSULTANT.

PATRICK CLEARY HERE.

VILLAGE ATTORNEY LINDA WHITEHEAD IS ABSENT AS OF NOW.

UM, AND STANDING IN FOR A BUILDING.

INSPECTOR CHARLES MOZZI IS DEPUTY BUILDING INSPECTOR.

CHRIS ZELINSKI HERE.

THANK YOU.

[II. APPROVAL OF MINUTES]

OKAY, SO NEXT WE HAVE THE APPROVAL OF MINUTES.

UM, WE HAVE MINUTES FROM OUR MEETINGS OF SEPTEMBER 18TH, DECEMBER 18TH, AND JANUARY 15TH.

AND, UM, WE'RE GONNA NEED TO FIGURE OUT IF WE HAVE THE RIGHT CONSTELLATION OF BOARD MEMBERS TO APPROVE EACH SET.

SO I'M GONNA TELL YOU, UM, WHO WAS PRESENT AT EACH ONE, AND THEN IF WE HAVE, WE NEED A MINIMUM OF FOUR VOTES, THEN WE CAN APPROVE THE MINUTES.

SO, UM, HELLO .

COME ON IN.

ALRIGHT.

UM, OKAY, WE'RE STARTING WITH SEPTEMBER, UH, MINUTES.

AND PRESIDENT AT THAT MEETING WAS MYSELF, ANGELIE, DAVID, AND DICK.

SO THAT'S A NO GO, RIGHT? DON'T HAVE DICK HERE.

OKAY.

WE CAN DO DECEMBER THOUGH.

YEAH.

DECEMBER.

I'LL JUST SAY WHO IT WAS.

SO TO REMIND PEOPLE SO YOU DON'T VOTE ON MINUTES, YOU WEREN'T HERE FOR, UM, DECEMBER WAS MYSELF, PATRICK, DAVID, DICK, TOM, AND DANIEL.

SO DO, DO I HAVE ANY ? WHAT'S THAT? LET'S DO IT.

OKAY.

UM, DO I HAVE ANY COMMENTS OR CHANGES TO THE MINUTES FROM ANYONE WHO IS PRESENT? NO.

OKAY.

DO I HAVE A MOTION TO APPROVE? SO MOVED.

SECONDED.

ALL RIGHT.

AND ALL IN FAVOR? AYE.

AYE.

OKAY, SO THOSE WERE ADOPTED.

UM, IN JANUARY WE HAD, UH, RICHARD, PATRICK, DAVID, AND DANIEL.

I THINK WE CAN, SO DO I HAVE A MOTION? SO, OR ANY, ANY COMMENT? SO, ALRIGHT.

ALL RIGHT.

RICHARD, UH, WHO'S SECOND? SECOND.

OKAY.

UM, AND, UH, UM, ALL IN FAVOR? AYE.

GREAT.

SO WE PASSED TWO SETS OF EVENTS.

THANK YOU.

UM, AND WE'LL COME BACK TO SEPTEMBER AT ANOTHER POINT.

UM, ALL RIGHT.

SO WE HAVE NO OLD, UM, PUBLIC HEARINGS THIS EVENING.

THEY'RE ALL DEFERRED TO A FUTURE MEETING.

UM, THE APPLICATION FOR THE SUBDIVISION OF THE PROPERTY AT WARREN AND PEARL WAS ORIGINALLY ON THE AGENDA, AS SOME PEOPLE MIGHT HAVE NOTICED.

UM, BUT THEY, IT HAS BEEN DEFERRED.

IF ANYONE HERE IS ON THAT MATTER, WE WILL NOT BE DISCUSSING IT THIS EVENING.

[IV. NEW PUBLIC HEARINGS]

SO, UM, WE'RE GONNA MOVE ON TO, UM, THE NEXT ITEMS ON OUR AGENDA.

UM, WE HAVE THE AMENDMENT TO THE SITE PLAN APPROVAL FOR THE APPLICATION OF TABBY REALTY FOR SITE PLAN APPROVAL AS PER SECTION 2 95 DASH 1 0 4 A, AND FOR THE DEMOLITION OF THEIR EXISTING THREE FAMILY BUILDING, PAVING AND RETAINING WALLS AND RESTORATION OF THE SITE AT THEIR PROPERTY.

LOCATED AT 4 25 WARBURG AVENUE.

SAID, PROPERTY IS IN THE MRO ZONING DISTRICT AND IS KNOWN AS SBL 4.70 DASH 52 DASH 10 AND 11 ON THE TOWN OF GREENBURG TAX MAPS.

SO, UM, JUST TO, UH, REVISIT THIS PROJECT, UM, KIND OF GIVE A SUMMARY OF WHERE IT IS.

UM, THIS APPLICATION RELATES ONLY TO THE DEMOLITION OF THE EXISTING BUILDING DRIVEWAY AND WALLS, NOT TO ANY FUTURE DEVELOPMENT ON THE PROPERTY.

WE ORIGINALLY APPROVED THIS APPLICATION IN 2024, AND GRANTED, WE APPROVED THE DEMOLITION AND GRANTED AN EXTENSION OF THE APPROVAL LAST YEAR.

THE APPLICANT HAS NOW REQUESTED AN AMENDMENT TO THE PRIOR SITE PLAN APPROVAL.

AND, UM, WOULD THE APPLICANT LIKE TO PRESENT THE PROPOSED AMENDMENT REQUEST? PATRICK SCHNEIDER FROM GOTHAM DESIGN REPRESENTING THE OWNERS OF THE PROPERTY? UM, I BELIEVE THE, I I MEAN, I HAVE THINGS WE CAN SHOW, WE'RE TALKING ABOUT THE SITE AND WE'LL GET TO THAT, BUT I THINK ALL WE'RE LOOKING FOR IN THE AMENDMENT IS ACTUALLY ONE OF THE PHRASES IN THE DOCUMENT THAT WAS REQUIRING SIGNATURES FROM NEIGHBORS.

I DON'T KNOW IF THERE'S ANYTHING ELSE THAT WE REALLY, I THINK I, THAT'S FINE.

UM, I, I THINK, AND IF, IF THERE WAS A LETTER, UM, THAT WAS SENT BY YOUR ATTORNEY WHO I KNOW IS ON HER WAY FROM ANOTHER MEETING YES.

, UM, UM,

[00:05:01]

THERE WAS, WHAT WE DISCUSSED WAS ELIMINATING THE CONDITION FOR A SIGNED AGREEMENT, BUT ADDING ADDITIONAL CONDITIONS IN RELATION TO HOW THE DEMOLITION WAS GOING TO BE DONE, SO THAT IT WOULD BE SPELLED OUT IN YOUR RESOLUTION RATHER THAN AN AGREEMENT BETWEEN THE PARTIES.

SO IN THE LETTER THAT WAS SUBMITTED FROM KRISTEN WILSON, IT DID LIST SOME OF THOSE.

YEAH.

UM, SO I THINK IT'S, IT'S NOT JUST REMOVING THAT CONDITION, IT'S ADDING ADDITIONAL CONDITIONS.

YEAH.

SO IT WOULD BE, IT WOULD BE HELPFUL TO GO OVER THOSE, UM, CONDITIONS SO WE CAN DISCUSS THEM AND DECIDE IF WE THINK THEY'RE ADEQUATE AND WANT TO ADOPT THEM.

UM, SO DO YOU WANNA I DON'T ACTUALLY HAVE A LIST OF THE THINGS THAT WE'RE ADDING.

I MEAN, I, I HAVE THE DOCUMENT THAT WE SUBMITTED, WHICH LISTS LOTS OF THINGS.

UM, SOME WERE OLD, SOME WERE NEW.

I MEAN, JUST SO EVERYBODY'S KIND OF AWARE, WHEN WE GOT THE APPROVAL IN, UH, 2024, UM, WE WERE OBLIGATED TO PUT TOGETHER A WHOLE SERIES OF THOSE KINDS OF THINGS.

SO WE DID THAT AND THE, WE JUST HAD ONE ELEMENT THAT WE COULDN'T COMPLETE, WHICH WAS HAVING OTHER PEOPLE SIGN THINGS, WHICH SEEMED LIKE NOT REALLY THE RIGHT THING.

ANYWAY, SO WE'VE ALREADY COMMITTED TO THOSE OTHER THINGS.

I THINK THIS WILL BE TO MAKE THEM INTO PART OF THE APPROVAL AS OPPOSED TO AN AGREEMENT THAT WE MADE WITH THE BILLING DEPARTMENT.

RIGHT.

SO WHAT I'D LIKE TO HEAR IS, IF YOU COULD, OR IF SOMEBODY WANTS TO PULL UP THE DOCUMENT THAT HAS THOSE THINGS THAT YOU ALREADY AGREED TO, JUST SO WE CAN ALL UNDERSTAND, BECAUSE THEY'RE NOW GONNA GO INTO OUR YEAH.

LINDA, DO YOU HAVE THAT OR, 'CAUSE I DON'T HAVE FROM THERE.

YEP, I'VE GOT IT.

WE DON'T WANNA JUST SAY, WE DON'T WANNA JUST SAY, YOU NO LONGER NEED TO HAVE THE NEIGHBOR APPROVALS.

SOME OF THE, SOME OF THE CONDITIONS ARE ACTUALLY SHOWN ON THE PLAN MM-HMM .

SO BY VIRTUE OF APPROVING THE PLAN.

RIGHT.

UM, YOU'RE APPROVING THEM, BUT I JUST AM TRYING TO REMEMBER WHAT WAS IN THE, AND MAYBE KRISTEN CAN HELP.

AND HERE'S KRISTEN.

THANK GOODNESS, .

SHE WAS RIGHT BEHIND ME DRIVING HERE.

.

WELL, SHE WASN'T SPEEDING.

.

UM, JUST WHAT I WAS REFERRING TO BEFORE IS ACTUALLY THIS DOCUMENT WHICH I SUBMITTED, AND THAT'S GOT ALL OF THOSE CONDITIONS IN IT, ENUMERATED AND ALL.

IT'S 10 PAGES LONG, SO I DON'T THINK WE WANT TO GO THROUGH THAT.

YEAH.

BUT YOU KNOW, THE, THE KEY ONES, PERHAPS, UM, ARE WE REFERRING SPECIFICALLY TO THESE CONDITIONS A THROUGH G THAT WOULD BE ADDED TO THE RESOLUTION? YES.

AND ANYTHING ELSE THAT YOU MIGHT WANNA GET? SO A THROUGH G IN, UM, KRISTEN WILSON'S LETTER.

YEP.

JUST WHILE THAT'S GETTING PULLED UP, CAN I ASK, UM, WERE THESE SPECIFIC CONDITIONS PROPOSED, UM, BY THE APPLICANT OR, YOU KNOW, WAS THE VILLAGE ENGINEER OR ANYONE ELSE INVOLVED IN THIS? JUST THE, THESE WERE THE APPLICANT'S PROPOSAL.

OKAY.

UM, IN RESPONSE TO THE ISSUES THAT HAVE BEEN IDENTIFIED IN THE DISCUSSIONS.

RIGHT.

YEAH.

BUT I THINK YOU NEED TO REVIEW THE PLAN AND REVIEW THESE RIGHT.

AND DETERMINE IF THEY'RE ACCEPTABLE TO YOU, IF YOU WANNA SEE ANYTHING ELSE.

YEAH.

JUST BY WAY OF ADDITIONAL BACKGROUND, MAYBE WE SHOULD REMIND OURSELVES THAT THIS PROPERTY IS VERY CLOSE TO AS, AS ARE MANY BUILDINGS IN THE DOWNTOWN A NEIGHBORING BUILDING.

SO THE NEIGHBOR WAS VERY CONCERNED ABOUT, SO MOST OF THE DISCUSSION THAT WAS HAD HERE WHEN WE, GRANTED THE ORIGINAL APPLICATION HAD TO DO WITH HOW DO WE KEEP THE NEIGHBOR SAFE FROM HAZARDOUS AND OR DISAGREEABLE CONDITIONS LIKE DUST AND DIRT AND LANDSLIDES AND THINGS LIKE THAT.

PROTECT, THAT WAS THE FOCUS OF WHAT WE DID.

PROTECTED HOME.

YES.

PROTECTED HOME.

RIGHT.

I MEAN THAT, THE SLIDE I JUST PUT UP, I THINK GIVES A PRETTY GOOD UNDERSTANDING THAT THIS IS A NEIGHBORHOOD WHERE BUILDINGS ARE RIGHT AGAINST ONE ANOTHER.

IT'S THE DOWNTOWN.

YEAH.

YEAH.

THIS, UM, YEP.

SO IF I GO OVER HERE, HERE'S THE BUILDING WE'RE PROPOSING TO TAKE DOWN, AND AT A REMARKABLY CLOSE PROXIMITY IS OUR NEIGHBOR TO THE NORTH.

UM, I HAVE PHOTOGRAPHS OF THAT WOULD SHOW IT.

IF YOU DIDN'T DO THIS CORRECTLY, YOU COULD EASILY DO SIGNIFICANT DAMAGE TO THAT HOUSE.

RIGHT.

MADAM CHAIR, CAN I ASK A QUESTION? I KNOW IT'S ONLY TWO YEARS AGO, BUT, UM, AS PART OF OUR PROCEDURES, IS THERE A REQUIRED ACCESS AGREEMENT WITH THE NEIGHBOR? IS THAT THE, THE PROPER PROCEDURE HERE? I DON'T KNOW.

I DON'T KNOW.

I DON'T THINK THAT HE NEEDS ACCESS, I DON'T THINK DOES WELL, TO PROTECT THE, THE NEIGHBORING BUILDING

[00:10:01]

TO PUT, YOU KNOW, UH, THAT'S THE ISSUE IS WE, WE HAD IN OUR, IN YOUR PRIOR APPROVAL, YOU HAD REQUIRED AN AGREEMENT BETWEEN THE PARTIES AND THE ISSUE HAS BECOME THE ABILITY TO FORCE A NEIGHBOR TO SIGN SOMETHING.

YEAH.

AND INSTEAD HAVE YOU INCORPORATE THE CONDITIONS THAT PROTECT THE NEIGHBOR INTO YOUR APPROVAL.

SO ARE, ARE WE AT A STALEMATE HERE? IS THAT WHAT'S HAPPENING? NO, NOT IF YOU CAN INCORPORATE THE CONDITIONS.

UH, THE, THE, THE TWO PARTIES ARE PRETTY MUCH IN AGREEMENT.

IF I WAS THE NEIGHBOR OF BEING ASKED TO SIGN THIS, YEAH.

I'D BE SAYING, MY EXPECTATION IS MY VILLAGE WILL BE WHO PROTECTS ME.

RIGHT.

IF I HAVE A COMPLAINT, IT'LL BE BETTER FOR THEM IF THEY RESPOND QUICKLY.

BUT THE OBLIGATIONS TO MANDATE THOSE THINGS HAS TO COME FROM THE BODIES THAT HAVE THE POWER.

THE NEIGHBOR NEXT DOOR NEIGHBOR SHOULD NOT BE ABLE TO DO THAT.

SPEAK FOR HIMSELF.

YEAH.

THAT'S, I'M JUST TRYING TO, I'M JUST TRYING TO SUSS OUT THAT IS, THAT'S EXACTLY IT.

YEAH.

YEAH.

I'M, I'M AWARE HE IS HERE.

I'M JUST TRYING TO SUSS OUT WHY THIS IS HAPPENING.

BUT WE, WE IMPOSE THAT REQUIREMENT.

IT'S NOT, I THOUGHT RICHARD'S QUESTION WAS, IS IT REQUIRED THAT WE, THAT YOU NEED AN ACCESS AGREEMENT FOR THIS PROJECT? WE REQUIRED IT.

RIGHT.

AND NOW IT WASN'T REALLY AN ACCESS AGREEMENT.

RIGHT.

'CAUSE IT'S NOT ABOUT ACCESS.

RIGHT.

IT WAS ABOUT AN YEAH.

MY EXPERIENCE, MY A MY PRACTICE IS YOU, YOU NEGOTIATE A, AN ACCESS AGREEMENT BETWEEN THE TWO PARTIES, UH, THAT THEN IS, UH, OVERSEEN BY THE DEPARTMENT OF BUILDINGS.

UH, IT'S NOT, WE CAN DO IT EITHER WAY.

IT'S HOW WE SKIM THE CAT.

BUT, UH, I'M DOING AN ACCESS AGREEMENT ON, ON A BAR ON, ON, UH, ON 35TH STREET AND IT'S BETWEEN THE TWO PARTIES.

DOB LOOKS AT IT AND APPROVES THAT THERE IS, THERE'S SITE SAFETY.

YEAH.

RIGHT, RIGHT.

WE'RE PAST THAT.

WHAT'S THAT? I THINK WE'RE PAST THAT.

OKAY.

YEAH.

OKAY.

YEAH.

UM, SO I I, I DO THINK IT WOULD BE HELPFUL IF YOU COULD OUTLINE THE BROAD STROKES OF WHAT YOU WANT US TO, WHAT YOU'RE NOW, UM, SHIFTING FROM THAT AGREEMENT TO THE SITE PLAN APPROVAL.

UM, IF YOU COULD, OR YOUR ATTORNEY COULD JUST WALK US THROUGH THAT AND EXPLAIN.

I, I HAVE TO SAY, I, I, I THINK IT IS A LITTLE, IT'S UNUSUAL THAT, UM, THIS PORTION OF THE PROJECT IS COMING FIRST, THE DEMOLITION WITHOUT THE FULL PLAN OF WHAT'S PROPOSED.

UH, SO WE ARE, YOU KNOW, I THINK WE NEED AN EXPLANATION OF HOW YOU WANNA DO THIS.

RIGHT.

AND WHAT, HOW FAR YOU'RE GONNA GO.

BECAUSE I THINK ONE OF THE ISSUES COULD BECOME, UM, WHETHER THIS, THE DEMOLITION ACTUALLY WITH THE WAY THAT YOU WANNA CONDUCT IT, KIND OF STARTS TO GO INTO CHANGING THE SITE FOR THE PURPOSE OF DEVELOPMENT.

YEAH.

WHICH IS NOT THE PURPOSE.

SO THAT'S WHY I WANT YOU TO SURE.

WALK US THROUGH WHAT YOU'RE PROPOSING.

YEAH.

BECAUSE WE WANNA HEAR IN YOUR WORDS, WALK US THROUGH THE PLAN.

AND SO I, I'VE GOT A SERIES OF SLIDES THAT I CAN SHOW THAT I THINK WILL DEMONSTRATE WHAT WE'RE TRYING TO DO.

SO HERE'S THE WHOLE PROPERTY, UM, KIND OF LIKE A BIG T UM, THAT FRONTS UP ON WAR BURDEN AND THEN COMES DOWN AND THEN HAS EXTENDED FRONTAGE ON THE, UH, RIDGE STREET RIGHT OF WAY.

NOT THE STREET ITSELF.

THAT DOESN'T COME DOWN THAT FAR.

SO ONE OF THE FIRST THINGS I WANNA POINT OUT, AND THIS WAS THE BUILDING INSPECTOR, WAS VERY ACTIVE IN US COMING UP WITH WHAT WE NEED TO DO, WHAT WE COULD DO, WHAT WE COULDN'T DO.

AND THE AGREEMENT WAS WE WOULD ONLY BE TOUCHING THE PARCEL THAT IS UP ON WARBURTON.

WE WOULDN'T BE GOING PAST A, BASICALLY A RETAINING WALL AND A FENCE THAT ARE THERE NOW.

AND WE WOULD BE ONLY CLEANING UP THE AREA THAT'S UP AT THE TOP.

UM, ONE OF THE REASONS THAT I THINK THIS, I MEAN, WE'VE BEEN LUCKY.

I THINK THAT THIS BUILDING HAS LASTED AS LONG AS IT HAS, IT'S IN REALLY BAD CONDITION.

THE ROOF IS CAVED IN, IN THE BACK.

I THINK IT'S AN EYESORE AND A, UH, HAZARD.

UM, AND ONE OF THE THINGS, 'CAUSE THERE'S NO GUARANTEE HOW QUICKLY ANY APPROVAL SHOULD BE, AND IT WOULDN'T BE RIGHT FOR US.

WELL, YOU BETTER APPROVE US QUICK BECAUSE, YOU KNOW, THE BUILDING'S GONNA FALL DOWN.

SO WE'RE TRYING TO TAKE ANYTHING LIKE THAT OFF THE TABLE.

WHILE WE ALSO HAVE ALREADY DONE BORINGS ON SOME OF THIS, WE NEED TO DO MORE.

UM, THAT'S, THOSE ARE, THOSE HAVE ALREADY BEEN GIVEN TO THE VILLAGE.

SO WE ARE IN THE PROCESS OF PUTTING TOGETHER THE FINAL, WHAT WOULD BE SUBMITTING TO YOU FOR THE PROJECT.

BUT IN THE INTERIM, THE IDEA IS TO TAKE THE BUILDING DOWN, CLEAN UP THE SITE, GET RID OF THINGS THAT ARE REALLY KIND OF NOT GREAT TO BE LIVING NEXT DOOR.

I DON'T THINK THE ONLY PROBLEM HERE WOULD BE WHAT WE COULD DO IN THE FUTURE.

I THINK THERE'S ALREADY A PROBLEM WITH WHAT WAS ON THE SITE THAT WAS A DILAPIDATED, UH, I DON'T KNOW, SHED, I GUESS, UM, THAT WAS DOWN AT THE BOTTOM.

SO THAT ACTUALLY ALREADY GOT CLEANED UP.

SO THE IDEA IS TO GET IT ALL CLEANED UP THE BUILDING DONE, HAVE THE BUILDING, HAVE THE SITE STABILIZED WITHOUT IT BEING, YOU KNOW, KNOW IT'S NOT SOMETHING THAT HAS THINGS THAT PEOPLE COULD TRIP AND FALL INTO AND STUFF JUST ALL NICE AND CLEAN.

AND THEN IF IT TAKES US TIME TO GET THE APPROVALS, THERE'S NO ISSUE WITH THAT.

WHAT'S YOUR TIMELINE FOR

[00:15:01]

SUBMITTING THE PLAN? I'M ACTUALLY VERY READY TO DO THAT.

I WOULD LOVE TO HAVE DONE THAT ABOUT SIX, SEVEN MONTHS AGO.

SO WE, WE NEED, I DON'T THINK ANYTHING'S PREVENTING YOU FROM DOING THAT.

UM, YOU DON'T HAVE TO, YOU DON'T HAVE TO WAIT FOR THIS TO SUBMIT THE PLAN.

THERE MIGHT BE COMPONENTS OF THIS THAT I DON'T FULLY UNDERSTAND WITH THE OWNERS, BUT WHAT WE WERE TOLD IS WE HAD TO GET THE SITE CLEANED BEFORE WE WENT TO THAT NEXT STEP.

I MEAN, WE, WE, WE'VE GOT, UH, DRAWINGS THAT ARE ALL THAT HAVE BEEN EVOLVED FURTHER AND READY.

WE'RE ACTUALLY AT THE POINT OF WANTING TO START CONSTRUCTION DOCUMENTS.

SO IT'S, UM, SOMETHING WE'LL LIKE TO DO.

WE'LL BRING IT SURE.

TO START CONSTRUCTION DOCUMENTS.

, I AGREE.

SURPRIS, IF YOU HAVE IT READY TO GO, THAT YOU'RE NOT JUST SUB SUBMITTING IT AT THE SAME TIME.

IF YOU'RE DOING, YOU'RE DOING MORE.

SORRY.

YEAH, GO AHEAD.

GO AHEAD.

YOU'RE DOING MORE BORINGS YOU MEAN MORE GEOTECHNICAL BORINGS.

SO WE, IN FACT, WE DID THE, THE, THE BORINGS TWO SUMMERS AGO.

RIGHT.

BUT YOU HAD DO MORE, WE HAVE TO DO MORE.

UM, PART OF DOING THE BORINGS DOWN AT THE BOTTOM IS WE'VE GOT, OR AT THE TOP AT THIS POINT, UM, IS THAT WE'VE GOT THE COUNTY TRUNK SEWER LINE THERE.

AND WE ACTUALLY HAD SCHEDULED THE GUYS COMING WITH THE BORINGS.

AND WHEN THEY CAME TO THE SITE AND THEY SAY, THIS HAS NOT BEEN STAKED OUT BY THE COUNTY, THEY REFUSED TO DO ANY BORINGS ON THAT PIECE OF PROPERTY.

SO THERE'S LOTS OF STUFF LIKE THAT THAT WE HAVE TO DO.

THIS IS A COMPLICATED PROJECT.

EVERYTHING THAT'S PROPOSED HERE IS ON THE EAST SIDE OF THE RETAINING WALL, THE EXISTING RETAINING WALL.

IS THAT RIGHT? EVERYTHING THAT IS PROPOSED HERE IS ON, AS PART OF THE DEMO AS PER WELL, AS PART OF WHAT'S IN FRONT OF US RIGHT NOW.

YES.

RIGHT.

THE ONE THAT'S AT THE KIND OF WHERE THE BOTTOM HITS THE TOP PIECE LIKE THIS.

YEAH.

AND THEN WE'RE, YEAH, WE, WE'VE GOT, THAT ACTUALLY SHOWS ON A DRAWING THAT WE'VE GOT.

OKAY.

AND THERE'S NO DISTURBANCE PROPOSED RIGHT NOW ON THE OTHER SIDE OF THAT RETAINING WALL? EXACTLY.

OKAY.

I MEAN, THE REAL GOAL IS TO STABILIZE THE SITE, GIVE A, GIVE A A WORK PLATFORM SO THAT WE CAN DO THIS.

THERE ARE A LOT OF LITTLE THINGS THAT MAKE A BIG DIFFERENCE IN HOW MUCH IMPACT THIS WILL HAVE ON PEOPLE.

FOR EXAMPLE, RIGHT NOW THERE ARE, THERE'S A DRIVEWAY THAT CUTS IN.

IF I WANTED TO TAKE A PIECE OF EQUIPMENT AND GO FROM ONE, SAY THE MIDDLE OF THE SITE OVER TO THE BUILDING, I'M GOING OVER SOMETHING THAT DROPS DOWN SIX FEET.

SO HAVING THE SITE BE LEVELED OUT AND BASICALLY CLEAN SO YOU'RE NOT HITTING THINGS, REDUCES VIBRATION, REDUCES DUST, ALL THESE KINDS OF THINGS.

SO IT'S SOMETHING THAT YOU KNOW, IS THE RIGHT WAY.

IT'S ONE OF THOSE THINGS THAT WE PUT INTO THE CONDITIONS AFTER WE WERE BEFORE YOU IN 24.

24.

YEAH.

SO WHEN WE WENT THROUGH ALL OF THE CONCERNS THAT PEOPLE HAD, 'CAUSE WE HAD CONVERSATIONS WITH NEIGHBORS, FOUND OUT WHAT THEIR ISSUES WERE, AND WE ADDRESSED THEM AND WE GAVE THE, THE, THE REPORT EFFECTIVELY TO THEM BEFORE WE SUBMITTED IT TO THE VILLAGE.

AND THERE WERE COMMENTS AND WE MADE CHANGES.

UM, CAN YOU WALK US THROUGH THE MAJOR, I'M GONNA CALL THEM MITIGATION STRATEGIES OR SURE.

YEAH.

I MEAN, WE'VE GOT A WHOLE LIST OF ALL KINDS OF THINGS WE HAVE TO DO FROM, UH, MANAGEMENT OF WATER ON THE SITE TO MANAGEMENT OF DUST, UM, THE HOURS THAT WE CAN WORK WHEN WE CAN HAVE TRUCKS COMING TO THE SITE, LEAVING THE SITE.

UM, THERE'S ACTUALLY A, UH, TRUCK DIAGRAM IN HERE THAT WE DID, THAT WE WORKED OUT WITH THE BUILDING DEPARTMENT.

WHAT, WHAT STREETS COULD BE USED FOR.

UM, DUMPSTERS COMING IN, DUMPSTERS LEAVING.

SO WE'VE GIVEN CONSIDERATION TO ALL THE DIFFERENT COMPONENTS OF IT.

AND I THINK WE'VE COME UP WITH, UM, WHAT'S ON THE DRAWINGS AND WHAT WE'VE SUBMITTED IN WRITING, UH, I THINK CLARIFIES IT PRETTY WELL.

UM, THIS IS THE DRAWING THAT WE HAD A WHILE BACK, UM, THAT WAS APPROVED, UM, WHICH SHOWED, UH, THE BUILDING AND BLUE TO BE REMOVED A, UM, AREA HERE, WHICH IS THE ANTI TRACK.

AND THE IDEA WAS WE WOULD ONLY BE ON THAT TO DO THE WORK.

THE REALITY IS THAT JUST WHEN WE WERE DEALING WITH THE ACTUAL CONTRACTORS WHO WERE GONNA DO THAT, THEY NEED ACCESS TO BE ABLE TO GET DOWN AROUND TO THE BOTTOM OR, YOU KNOW, THE, THE PART OF THE BUILDING THAT'S ON THE TOP OF THE BLUE THAT'S DOWN A LITTLE BIT LOWER IN GRADE SO THAT THEY CAN CLEAN ALL THAT UP.

UM, SO THIS WAS WHAT WE HAD BEFORE AND WE HAVE CHANGED THAT TO, UM, BASICALLY WHERE WE ARE ADDING, FILL ON WHERE THOSE, UM, THREE CIRCLES ARE.

THERE'S, UH, STAGING FOR DEBRIS AND DIFFERENT, YOU KNOW, SOME OF IT'S CONCRETE, SOME OF IT'S, UM, STEEL AND THINGS LIKE THAT.

OTHERS, UH, ORGANIC.

UM, AND WE STILL HAVE THE ANTI TRACK IN THE SAME LOCATION, BUT WE CAN, WE CAN GET AROUND THE SITE BETTER AND THERE'S NO, THERE ARE NO DITCHES OR TRENCHES OR SOMETHING.

SO YOU'RE, OKAY.

SO ONE OF THE CHANGES FROM THE LAST TIME THAT WE REVIEWED THIS AND APPROVED IT MM-HMM .

IS THAT YOU ARE PROPOSING MORE FILL, RIGHT.

AND YOU WANT TO GRADE MORE EXTENSIVELY THAN IN THE ORIGINAL APPLICATION.

CORRECT.

SO I THINK WE HAVE TO LOOK AT THAT CLOSELY.

UM, IT'S A VERY, VERY STEEP SITE AND IT,

[00:20:01]

TO ME, IT STARTS TO GO INTO LIKE, YOU KNOW, A LARGER, UM, APPROVAL OF WHAT'S GONNA GET BUILT THERE AND WHETHER IT'S NECESSARY TO DO THAT.

IT FEELS LIKE IT'S GETTING OUT AHEAD OF WHAT, JUST PURELY IT'S ALL IN THE WAY OF EVENTUAL EXCAVATION.

NONE OF THIS IS GIVING US, IT'S ACTUALLY ADDING MATERIAL.

RIGHT.

BUT THAT'S ONE OF THE CONCERNS.

YOU'RE ON A STEEP SLOPE.

ADDING FILL IS, UM, CHANGING THE TOPOGRAPHY OF THE, OF THE SITE.

RIGHT.

UM, AND WITHOUT UNDERSTANDING WHAT YOU WANNA DO EVENTUALLY, AND WHETHER THAT'S NECESSARY TO ALMOST KIND OF, IT PUTS IT POTENTIALLY, I WANT TO HEAR FROM MY FELLOW PLANNING BOARD MEMBERS, BUT LIKE POTENTIALLY PUTS THE CART BEFORE THE HORSE BECAUSE YOU'RE NOW, UM, YOU KNOW, CREATING, CREATING A, A SITE THAT IS CONDUCIVE TO SOMETHING WE DON'T KNOW YET THAT YOU WANT TO KNOW.

ARE YOU, ARE YOU SUGGESTING THAT THAT FILL WILL ULTIMATELY BE REMOVED FOR THE YES.

SO THAT THAT FILL IS THERE TO FACILITATE THE DEMOLITION? EXACTLY.

AND WILL BE REMOVED FOR THE NOTHING ELSE? IT'S THIS, THIS ENTIRE AREA.

EVERYTHING HERE WILL BE EXCAVATED DOWN.

SO THE FILL THAT WE'RE PUTTING ON TOP DOESN'T GIVE US A SURFACE TO WORK FROM.

OKAY.

IT ACTUALLY LEVELS THIS AREA OFF SO THAT VEHICLES THAT ARE DRIVING AROUND ON THIS DUMPSTERS COMING IN, BEING DROPPED, THEY'RE ON A LEVEL.

THEY'RE NOT, IF YOU, IF YOU IMAGINE YOU'RE CONCERNED WITH THE SLOPES, IF YOU'VE GOT GUYS COMING IN HERE WHERE THE SLOPE DROPS DOWN ABOUT IN HERE RIGHT NOW, THAT'S SOMETHING THAT CAN SLIDE DOWN.

YOU COULD, YOU'D HAVE A MUCH LESS STABLE CONDITION.

OUR IDEA IS TO CREATE A STABLE WORK AREA.

IT'S SAFER AND IT REDUCES SOMEBODY, LIKE RIGHT HERE, THIS WALL AND THIS WALL THAT'S ACTUALLY A DRIVEWAY COMING DOWN THAT GETS ABOUT SIX FEET DEEP DOWN AT THE BOTTOM.

SO IF I'M TRYING TO GET FROM HERE TO HERE TO GET MATERIALS, I'M EITHER DRIVING AROUND WHERE THE BUILDING IS, IT IS VERY TIGHT WORK CONDITIONS.

SO IF I'VE GOT THE ABILITY TO DRIVE A VEHICLE AROUND IN HERE, I CAN GET TO THIS, I CAN DO IT MUCH SAFER.

AND I'M NOT HAVING PEOPLE TRY TO MAKE SOMETHING WORK AND HAVE IT BE DIFFICULT.

WHAT DO YOU INTEND TO BACKFILL WITH? UH, CLEAN FILL.

OKAY.

AND WE, THE OTHER THING I SHOULD POINT OUT, 'CAUSE I THINK THIS IS PRETTY IMPORTANT BEFORE, WE NEVER REALLY ADDRESS THE ISSUE OF THE KINDA RAINSTORMS THAT WE HAVE NOWADAYS, NOW THAT WE'RE LIVING IN A TROPICAL ENVIRONMENT.

UM, SO WHAT WE'VE DONE IS WE'VE, WE'VE PROPOSED HAVING A SWALE THAT COMES DOWN THAT JUST PREVENTS ANYTHING FROM THIS SITE, FROM GETTING DOWN AND RUNNING ONTO THE NEIGHBORING PROPERTY TO THE NORTH.

SORRY, CAN I ASK, THE ISSUE YOU'RE DESCRIBING WITH THE FILL AND THE GRADING, IS THAT PART OF WHAT'S BEING PROPOSED TO BE SWAPPED INTO THE RESOLUTIONS? AND I ASK, BECAUSE I UNDERSTAND FROM MS. WILSON'S LETTER, IT WAS VERY CLEAR THAT WE'RE, THE PROPOSAL IS TO TAKE OUT THE AGREEMENT BETWEEN THE NEIGHBORS AND REPLACE IT WITH THESE ITEMS A THROUGH G.

IS THAT RIGHT? YES.

AND THAT'S IT.

THAT'S ALL, THAT'S ALL THAT'S BEFORE US RIGHT NOW.

NO, THERE'S, THERE'S MORE.

NO, THEY'VE SUBMITTED AN AMENDED PLAN, A NEW DRAWING PLAN FOR THE, OKAY.

THANK YOU.

DIFFERENCE.

THAT'S WHY I FEEL LIKE WHAT ELSE IS GONNA BE OUTLINE.

YEAH.

AND AND THE EXTENT OF THAT PLAN IS WHAT I'M SHOWING HERE.

THERE'S NO, NOTHING IS BEING BUILT OR SOMETHING LIKE THAT.

I MEAN, WE DID ALSO CATCH A SLIGHT MISTAKE WHERE WE HAD OUR TEMPORARY ELECTRIC, UH, POSITION THERE.

WE MOVED THAT OVER TO THERE.

IT'D BE HARD TO DO THAT IN THE BUILDING.

UM, THAT WAS A MISTAKE THAT'S BEEN CORRECTED.

BUT OTHER THAN THAT, THIS, YOU KNOW, IF I GO BACK WITH THAT ONE THAT'S BLUE.

THIS, WE, WE REALIZE WE DON'T NEED AS MANY, UH, AREAS FOR DUMPING DIFFERENT MATERIALS.

SO THREE WAS WAS ENOUGH INSTEAD OF FIVE.

SO WE'VE KIND OF CONSOLIDATED THAT UP INTO THIS AREA.

I THINK WE'VE BROUGHT THE, MADE THE SITE MUCH MORE MANAGEABLE AND EASIER FOR ACCESS WITH BOTH PEOPLE WORKING AND DRIVING AND BRINGING BIG PIECES OF EQUIPMENT IN.

ONE OF THE CONCERNS IF I HAD A HOUSE NEARBY WOULD BE, IF I'VE GOT PEOPLE WHO ARE RUNNING OVER ROUGH TERRAIN WITH DIPS AND THINGS, THERE'S GONNA BE A LOT OF VIBRATION FROM THAT.

WE HAVE ELIMINATED THAT.

YEAH.

I, I REMEMBER A LOT OF TALK IN THE LAST PRESENTATIONS OF DOING THIS BY HAND AND NOT, YOU KNOW, BEING VERY, UM, CAREFUL ABOUT, AND SO HEARING ABOUT LARGE EQUIPMENT, THAT'S WHY I, I'M, I'M STILL, HONESTLY, I'M, I'M KIND OF NOT GETTING A CLEAR PICTURE OF WHAT'S DIFFERENT FROM WHAT WE APPROVED.

AND NOW I JUST, I THINK AT THE PRESENTATION NEEDS TO BE MORE, UM, CLEAR ABOUT THAT.

BECAUSE I, I FEEL YEAH, GO AHEAD.

IT SOUNDS LIKE THERE'S SEVEN ITEMS, RIGHT? THERE'S SEVEN A THROUGH G.

SO WE'VE GOTTEN ONE OF THEM.

SO WHAT? NO, IT'S MORE THAN THE A THROUGH G.

OKAY.

THE A THROUGH G ARE SORT OF THE CONDITIONS ABOUT THE THINGS THEY'RE GONNA DO FOR THE BENEFIT OF THE NEIGHBOR.

OKAY.

BUT IN ADDITION, THEY'RE ASKING ACTUALLY FOR CHANGES TO THE PLAN ITSELF.

THEY'RE BRINGING IN MORE FILL, THEY'RE APPROACHING IT A LITTLE BIT DIFFERENTLY THAN ON THE PLAN THAT YOU ORIGINALLY APPROACH.

RIGHT.

SO THAT'S, SO I, AND JUST TO GIVE YOU SOME CONTEXT, IT'S UP TO 550 CUBIC YARDS OF FILL.

THAT'S 20 OR 30 TRUCK TRIPS TO BRING THAT MATERIAL INTO THE SITE.

RIGHT? IT'S MAJOR.

YEAH, IT'S MAJOR.

WELL, WE'VE GONE FROM THREE 50 TO

[00:25:01]

FIVE 50, WHICH IS AN INCREASE.

IT, I THINK I, I, I'M NOT COMFORTABLE IN UNDERSTANDING WHAT THE CHANGES ARE HERE.

I PERSONALLY, I MEAN, AGAIN, ASK QUESTIONS OR, UM, BUT I, I, I DON'T, I THINK WE NEED TO UNDERSTAND, YOU KNOW, START WITH THE PRESENTATION OF THIS IS WHAT WE HAD PROPOSED BEFORE THIS.

THESE WERE THE KEY ELEMENTS AND HERE'S WHAT WE'VE CHANGED AND WHY.

UM, BECAUSE I'M UNCOMFORTABLE WITH IT.

JUST WE GAVE YOU THE MATERIALS AND WE'RE TELLING YOU KIND OF IN REAL TIME A COUPLE OF CHANGES.

RIGHT? THERE ARE VERY FEW CHANGES.

I MEAN, WE'RE STILL, WE'VE ALWAYS BEEN TAKING DOWN THIS PORTION OF THE BUILDING WITH EQUIPMENT.

WE'VE ALWAYS BEEN TAKING DOWN THIS PORTION OF THE BUILDING BY HAND.

SO AS A, THIS, THIS, THESE THINGS WERE ON THE DRAWINGS FROM THE BEGINNING.

SO THE IDEA IS THE SAME EQUIPMENT, THE SAME METHODS ARE BEING USED, UH, WATERING OF, OF THE DEBRIS SO THAT IT DOESN'T PRODUCE DD DUST.

THAT'S MAYBE FOUR OR FIVE OF THE CONDITIONS THAT ARE IN THIS.

UM, SO WE'VE IDENTIFIED ALL OF THOSE THINGS THAT WE'RE DOING TO PROTECT EVERYONE AND ALL OF THE THINGS THAT WE HAVE TO DO ALONG WITH THAT.

LIKE, WE ALREADY DID THE RATS ONCE.

WE PROBABLY HAVE HAD ENOUGH TIME THAT WE PROBABLY HAVE TO DO IT AGAIN NOW.

UM, SO THOSE ARE THE CONDITIONS THAT ARE IN, THEY'RE NOT REALLY CHANGES.

IT'S REITERATING THINGS.

AND IT'S THE, THE MAIN CHANGE IS THE ONE I'VE DESCRIBED.

WE WANT TO LEVEL THIS AREA OUT SO THAT WE'VE GOT A CLEAN WORK AREA TO MAKE IT SAFER.

AND WE WANT TO ADD A SWALE SO THAT WATER COMING GETS DIRECTED AWAY FROM THE NEIGHBOR TO THE NORTH.

YOU'RE FILLING ALL THE WAY TO THE REAR.

WE'RE FILLING, WELL, WHEN YOU SEE THE CONTOURS COMING DOWN.

ANOTHER THING WE DIDN'T WHEN, AND WE COULD NOT DO THIS AREA, RIGHT? EXCEPT THEN WHAT WE'VE DONE IS WE'VE CREATED A LEVEL HERE THAT HAS A VERY STEEP, HERE.

WE'VE, WE'VE LIMITED THIS.

SO WE NEVER HAVE MORE THAN ONE VERTICAL TO TWO HORIZONTAL.

I THINK DOUG HAN'S THING WAS HE WANTED IT TO BE NOT GREATER THAN ONE TO ONE.

WE'RE GOING ONE TO TWO MUCH SAFER.

SO THIS, THE AMOUNT OF DIRT THAT THIS IS GETTING IS RELATIVELY, UM, MINIMAL.

FOR EXAMPLE, THIS IS WHERE 84 IS, THAT'S WHERE 84 IS HERE.

WE GET 82, THAT'S TWO FEET HERE.

WE'D HAVE AS MUCH AS FOUR FEET OF FILL.

AND THAT'S SO THAT THIS IS ALL EVENLY GRADED OUT.

IF SOMEBODY FELL DOWN THE HILL, IT WOULD BE BECAUSE THEY'RE HAVING FUN, NOT BECAUSE THEY'VE DROPPED OFF IN A LEDGE.

THIS OTHERWISE COULD BE SOMETHING THAT'S ABOUT 6, 7, 8 FEET TALL, WHICH I DON'T THINK SO.

SO I THINK LESSENING THE GRADE MAKES A LOT OF SENSE AS LONG AS THE MATERIAL BROUGHT IN IS MEETS RESTRICTED RESIDENTIAL USE, SOIL CLEAN OBJECTIVES AND IS COMPACTED AND SEATED.

I, I THINK THAT MAKES SENSE.

I THINK THE POINT EVERYBODY IS MAKING IS THAT THERE ARE OBVIOUSLY OTHER THINGS, AND YOU ARE ASKING US TO TAKE ON THE MANTLE OF REPLACING YOUR AGREEMENT WITH YOUR NEIGHBOR.

SO WHAT ARE THOSE OTHER THINGS THAT WE'RE CHANGING? MAYBE, MAYBE YOU CAN, UH, GOOD EVENING.

KRISTEN WILSON FROM MARKS D PALMERO AND WILSON HERE ON BEHALF OF THE APPLICANT.

IT'S BEEN A COUPLE YEARS, I GUESS SINCE WE'VE BEEN BACK BEFORE YOU.

UH, SO WHAT WE'VE, WHAT WE'RE SUGGESTING IS THAT IN LIEU OF THIS SITE AGREEMENT, THAT THIS PLANNING BOARD ACTUALLY INCORPORATED IS CONDITIONS OF SITE PLAN APPROVAL THAT YOU WOULD HAVE OR THE BUILDING DEPARTMENT WOULD HAVE THE AUTHORITY TO ENFORCE.

ONE IS A A, A CLEAR NOTE THAT GOIN DESIGN AND THE CONTRACTORS HAVE TO COMPLY WITH ALL OF THE NOTES ON THE PLANS.

I SHOULD GO WITHOUT SAYING, BUT PUT BELT AND SUSPENDERS ON THE RESOLUTION.

WE'RE, WE'RE FINE WITH THAT.

UM, THE SECOND CONDITION IS THERE WILL BE A PRE DEMOLITION REVIEW OF 4 27 WARBURTON.

WE WERE VERY, UM, A LOT OF THESE CONDITIONS ARE TO ADDRESS NEIGHBOR'S CONCERNS.

SO WE'LL WORK WITH THE OWNER OF 4 27 WARBURTON AND HAVE A PRE DEMOLITION, UH, REVIEW OF THAT BUILDING OF THE NEIGHBOR'S BUILDING.

IS THAT BY THE BUILDING DEPARTMENT? WHO DOES THAT REVIEW? I WOULD RECOMMEND IT BE DONE BY THE, THE ENGINEER.

YEAH.

UH, WHO'S, WHATEVER, WHO'S, WELL, CYRUS CYRUS IS THE ENGINEER.

HE'S OUR ENGINEER.

UM, SO THE IDEA IS TO HAVE OUR ENGINEER GO THROUGH, MAKE AN INSPECTION WITH THE HOMEOWNERS SO THEY CAN KNOW WHAT'S GOING ON, PRODUCE A REPORT, WHICH IS THEN GIVEN TO THE HOMEOWNERS.

IF THEY HAVE DISPUTE WITH IT, THEY TELL US WHAT THEY THINK IS WRONG, WE CHANGE IT SO THAT WE HAVE A, A PREEXISTING WHEN, WHEN WE'RE OBVIOUSLY NOT DOING ANY BLASTING HERE.

OKAY.

BUT WE'RE USING THE SAME STANDARD AS THOUGH WE WERE GO IN AND SEE WHAT IT IS.

SO IF SOMEBODY COMES LATER AND SAYS, WE THINK YOU DID DAMAGE TO OUR HOUSE, WE CAN SHOW EXACTLY WHAT IT IS.

I SEE.

SO YOU ESTABLISH THE BASELINE CONDITION.

EXACTLY.

AND EVERYONE AGREES.

SO GOOD.

IN A PROJECT LIKE THIS, DO YOU PUT IT IN VIBRATION MONITORS? SO THAT'S THE, THAT'S THE NEXT, IT WOULD BE INSTALLATION AND USE OF VIBRATION MONITORS.

AGAIN, HAPPY TO WORK WITH THE NEIGHBOR IN TERMS OF PROVIDING

[00:30:01]

THOSE REPORTS.

UM, WE WANNA MAKE SURE THAT, YOU KNOW, THEY'RE COMFORTABLE AS WELL AS IN TERMS OF THE MEANS AND METHODS THAT, THAT WE'RE USING.

UM, THE FOURTH NUMBER D IS THE CREATION OF A DRAINAGE SWALE, WHICH PATTY JUST MENTIONED IS A DRAINAGE SWA AND BASIN LOCATED IN THE MIDDLE OF THE SITE AT THE WEST EDGE OF THE 4 25 PARCEL.

UM, THAT WAS DONE IN COLLABORATION WITH THE NEIGHBOR.

I'M NOT DIRECTLY OKAY.

WE, WE, WE PUT IT ON THE DRAWING AND WE HAVEN'T GOTTEN, NO ONE HAS TOLD US THEY THINK WE SHOULD CHANGE IT, BUT WE WOULD IF THEY SAID THEY NEEDED IT DIFFERENT.

UH, THE FIFTH CONDITION IS REMOVAL OF THE GARAGE.

THAT WILL BE THE FIRST STAGE OF THE DEMOLITION, FOLLOWED BY THE RESIDENTIAL STRUCTURE.

WE'LL CERTAINLY DO ALL THE APPROPRIATE TESTING FOR HAZARDOUS MATERIALS.

UM, COPIES OF THOSE TEST RESULTS WILL AGAIN BE MADE AVAIL AVAILABLE TO THE VILLAGE AND, AND THE NEIGHBOR, UM, FOR PUBLIC CONSUMPTION.

WE'LL, WE'LL CERTAINLY, UM, PROVIDE THOSE IN REAL TIME.

WE'LL ALSO PROVIDE A LIST OF THE CONTRACTORS AND ANY PERFORMING THE WORK, UM, AND THE EMERGENCY CONTACT INFORMATION.

SO IF THE NEIGHBOR NEEDED OR THE VILLAGE NEEDED TO CONTACT THE CONTRACTORS DIRECTLY, YOU WOULD HAVE THEIR CONTACT INFORMATION.

UM, AND CERTAINLY WOULD WORK OUT WHATEVER, UH, REASONABLE NOTICE TO THE, THE NEIGHBOR IS REASONABLE NOTICES.

UM, WHETHER IT BE BY PHONE, EMAIL, OR WE'RE IN COMMUNICATION SO THAT WE, SO HE KNOWS WHEN WE'RE DOING THE WORK, WHAT'S HAPPENING, KIND OF A STAGE BY STAGE, UH, APPROACH TO THIS.

SO AGAIN, INSTEAD OF A SEPARATE SIDE AGREEMENT WITH THE NEIGHBOR, WE THINK IT'D BE BETTER FOR ALL PARTIES INVOLVED IF THOSE ARE ACTUAL CONDITIONS OF SITE PLAN.

IF THERE IS AN ISSUE, THE BUILDING DEPARTMENT CAN CERTAINLY USE ITS ENFORCEMENT POWERS TO ENSURE THAT WE COMPLY.

I THINK I, I WOULD, I THINK WE NEED TO HEAR FROM THE NEIGHBORS.

I, I THINK THOSE ALL SOUND VERY REASONABLE.

I DO HAVE CONCERNS ABOUT THE BASELINE INSPECTION OF THE NEIGHBOR'S PROPERTY.

I MEAN, UNLESS THEY'RE ENGINEERS, TO WHAT EXTENT ARE THEY GONNA UNDERSTAND WHAT THE BASELINE SURVEY MEANS? YEAH.

AND IT'S YOUR ENGINEER.

SO, YOU KNOW, I'M, I OBVIOUSLY YOU ALSO DON'T WANT THEIR HOUSE TO BE DAMAGED, BUT I, IF I WERE THE PROPERTY OWNER, I WOULD HAVE CONCERNS ABOUT THE, ABOUT THE, YOUR ENGINEER BEING DOING THE ASSESSMENT AND ASSURING THEM OF THE, THE, THE SOUNDNESS OF THAT ASSESSMENT.

SO I, I THINK PERHAPS WE SHOULD HEAR FROM THEM.

BUT I, I WOULD WONDER IF A THIRD PARTY INSPECTION ON BEHALF OF THE NEIGHBOR WOULD BE A PRACTICAL SOLUTION TO THAT PROBLEM.

I DON'T KNOW ABOUT, I MEAN, I, I KNOW UNDER RICHARD WOULD'VE MUCH MORE TO SAY ABOUT THIS, BUT IN, IT'S NOT UNCOMMON IN OTHER JURISDICTIONS FOR A NEIGHBOR IN THIS SITUATION TO GO OUT AND HIRE THEIR OWN ENGINEER AND, AND PERHAPS THROUGH AN AGREEMENT WITH THE DEVELOPER TO, TO COME TO SOME TERMS OVER THAT.

SO I THINK THAT THAT RECOURSE IS AVAILABLE, BUT IT SOUNDS LIKE WE'RE GOING IN A DIFFERENT DIRECTION HERE.

SO, YEAH.

WELL, UM, AND WE HAVE NO OBJECTION TO THAT WHATSOEVER.

OKAY.

I'M JUST, IT WAS, TO ME, IT SOUNDS, IF I WERE TO PROPOSE THAT IT SOUNDS LIKE WELL, THEY CAN GO GET THEIR ENGINEER AND THEY CAN DO IT KIND OF OBVIATES US.

YEAH.

THE REALITY HERE IS THAT THERE'S NO OBJECTION TO THAT WHATSOEVER.

YEAH.

AND NORMALLY, I PIGGYBACK ON DAN'S COMMENTS.

NORMALLY, UH, THE APPLICANT WHO WOULD, WOULD FUND THE, THE NEIGHBOR'S ENGINEER TO READ THE REPORT TO MAKE SURE, I MEAN SURE.

THAT'S WHAT I WAS GETTING AT .

YEAH.

YEAH.

MONEY HASN'T EVER COME UP IN THIS AS AN ISSUE.

NO, NO, NO, NO, NO.

I, THAT'S ABSOLUTELY FINE.

I, YEAH.

YEAH.

BUT I GUESS TO SAY, I, I THINK THAT'S NOT REALLY OUR PURVIEW.

I MEAN, THAT'S BETWEEN THE PARTIES.

THEY CAN, THEY CAN ARRIVE AT THAT IF THEY WANT TO.

SO YEAH.

AS THE RECIPIENT OF THAT REPORT, AT THE END OF THE DAY, IT JUST NEEDS TO BE SIGNED BY A LICENSED ENGINEER.

RIGHT.

WE DON'T CARE WHOSE ENGINEER DOES IT.

WE WOULD REQUIRE, YOU KNOW, A PE TO SIGN IT.

AND THE ENGINEER THAT I, THAT I, HE'S NOT MY ENGINEER, HE'S A LICENSED ENGINEER IN THE STATE OF NEW YORK WHO TAKES THESE THINGS MUCH MORE SERIOUSLY THAN SOME OF THE OTHER ENGINEERS THAT I KNOW.

HE IS AN ENGINEER WHO ACTUALLY REALLY DOES THAT KIND OF JOB AND TAKES IT SERIOUSLY.

UM, I KNOW TOO MANY ENGINEERS WHO WOULD THINK THE GOAL HERE IS TO MAKE IT AS EASY FOR US AS WE CAN, AND THEN WE'RE GONNA USE IT FOR MORE PROJECTS.

I DON'T WANT THAT.

I WANT SOMEBODY WHO'S GONNA COME AND SAY, HERE'S WHAT'S REAL, HERE'S WHAT'S GOOD.

AND WE'D BE ABLE TO HAVE A CONVERSATION WITH A NEIGHBOR AND NOT BE, YOU KNOW, NOT BE SAYING, WELL, I CAN'T DO THAT 'CAUSE PATTY TOLD ME I'M NOT ALLOWED TO OR SOMETHING.

WE KNOW THAT THE NEIGHBOR IS A MASTER ARCHITECT, BUT IT WOULD BE YES, REALLY GOOD THAT HE HAS HIS OWN INDEPENDENT ENGINEER REVIEWING YOUR ENGINEER'S REPORT.

SO, YEAH.

AND DAN, TO YOUR POINT, YES, ABSOLUTELY IT IS BETWEEN THEM.

BUT WE AS A PLANNING BOARD HAVE AUTHORITY TO PUT CONDITIONS UPON OUR APPROVAL.

AND I, YOU KNOW, IT'S THEIR, THEIR BUILDINGS PHYSICALLY TOUCH AND I, IT'S A, IT'S A FALLING DOWN BRICK STRUCTURE VERSUS A, A, A HISTORIC OR, OR AT LEAST, UH, IT'S NOT, IT'S 120 5-YEAR-OLD.

YEAH, YEAH.

WOODEN STRUCTURE FOR US.

YEAH.

YEAH.

.

SO ANYWAY, I IT, YEAH.

UM, MS. WILSON,

[00:35:01]

OTHER THAN THOSE ITEMS A THROUGH G THAT YOU DESCRIBED, ARE THERE OTHER CHANGES THAT THE APPLICANT IS ASKING US TO APPROVE TONIGHT? WELL, THERE IS THE, THE GRADING CHANGE, I GUESS THERE IS A, A CHANGE IN THE AMOUNT OF FILL THAT'S BEING BROUGHT IN BY 200 CUBIC YARDS, IF I HAVE THAT.

YEAH.

UM, AND SO THERE WOULD BE MORE SITE DISTURBANCE.

OKAY.

UM, I DON'T KNOW IF YOU, IF YOU WANTED TO PUT A OTHER CONDITIONS ON THE SITE PLAN APPROVAL IS CERTAINLY OPEN TO THAT.

I JUST WANT TO BE SURE THAT WE UNDERSTAND THE UNIVERSE THAT CHANGES.

SO IT'S ITEMS A THROUGH G, IT'S THE GRADING CHANGE, THE SWALE, WHICH IS ACTUALLY ONE OF THOSE THINGS TOO.

BUT FOR GRADING, IS THE FREE REMOVAL THE SAME? YEAH.

AND YES, THE SAME METHODOLOGY OF HOW YOU'RE GONNA BRING THE EQUIPMENT IN AND OUT.

YOU'RE CHANGING, CHANGING THE ACCESS.

THE ACCESS, BUT RIGHT.

THE SAME, THE, THE WHAT WE GOT APPROVALS FOR IN 2024 DIDN'T REALLY GO INTO THE DETAILS OF A LOT OF THAT.

WHAT WE HAVE NOW IS A WHOLE BUNCH MORE DETAIL.

SO IT'S NOT THAT WE'VE CHANGED THINGS.

WE'VE ADDED THINGS, AND I'LL, I'LL POINT OUT, I'M NOT PUTTING ANYONE ON THE SPOT, BUT WE DID SHARE WHAT WE HAD AS A DRAFT AND WE RECOGNIZED THAT SOME OF THE PEOPLE THAT WE'RE DEALING WITH ARE EXPERTS THEMSELVES.

SO WHEN THEY SAID THEY THINK THIS WOULD BE A GOOD IDEA AND THAT WOULD BE A GOOD, THERE WAS NOTHING THAT WE FOUGHT BACK ON, WE SAID THAT, THAT MAKES SENSE.

WE'LL INCLUDE THAT IN THE CONDITIONS.

AND IF YOU WANTED TO SPECIFY, OBVIOUSLY THE INTENTION OF DOING THE PRE DEMOLITION REVIEW CAN CERTAINLY SPECIFY THAT IT MUST BE A REPORT SIGNED BY A PE LICENSED IN NEW YORK.

THAT WAS THE INTENTION.

BUT IF THERE ARE OTHER SPECIFIC DETAILS LIKE THAT, THAT, UM, YOU WANNA INCLUDE, THAT'S FINE.

BUT THAT, THAT IS THE UNIVERSE OF, OF WHAT WE'RE ASKING FOR NOW.

MM-HMM .

THANK YOU.

ANYBODY ELSE HAVE QUESTIONS OR COMMENTS FROM THE BOARD? YOU MENTIONED, UH, HAZARDS MATERIALS, ASSESSMENT OF THE GARAGE.

HAS THE BUILDING BEEN ASSESSED FOR LEAD PAINT AND, AND ASBESTOS? WE HAVE TO GET A LITTLE BIT MORE OF THE STUFF THAT'S IN THE BUILDING OUT FOR THEM TO COME AND DO THEIR TESTS.

WE WERE ON THE VERGE OF THAT WHEN, UH, WE, YOU KNOW, WHEN WE STOPPED DOING THE WORK.

PATRICK, DO YOU HAVE, I KNOW WE GOT THE ENGINEER'S LETTER.

YEP.

AND, UM, JUST WOULD LIKE TO HEAR FROM YOU ANY COMMENTS OR SUMMARY.

YEAH.

SO YEAH, THE, THIS IS ALL BEING DONE FOR JIM.

THIS IS, THIS IS, THESE ARE EXTRAORDINARY CONDITIONS THAT YOU'RE GOING OUT OF YOUR WAY TO IMPOSE.

TYPICALLY THERE WOULD JUST BE A TYPICAL CONSTRUCTION MANAGEMENT PLAN THAT WE FILED WITH THE BUILDING DEPARTMENT.

SO YOU'VE IMPOSED YOURSELF IN MAKING SURE IT'S BEING DONE PROPERLY BECAUSE OF THE CONCERN FOR THE NEIGHBOR.

SO THIS IS KIND OF ALL GOOD STUFF.

THE ONLY ISSUE THAT WE'RE REALLY WRESTLING WITH.

SO TRANSFERRING THOSE CONDITIONS FROM AN AGREEMENT TO CONDITIONS OF APPROVAL, I DON'T THINK THERE'S ANY ISSUE WITH THAT.

YEAH.

THE REAL ISSUE WAS WHEN WE FIRST HEARD ABOUT THAT WAS IS THE ADDITION OF FILL THE, THE PRELIMINARY STAGE OF, OF WHAT WOULD THEN BE BUILT ON THE PROPERTY.

AND, YOU KNOW, BRINGING IN CLEAN FILL TO REMOVE CLEAN FILL, THAT'S AN EXPENSIVE OPERATION.

YOU CAN CONCEIVABLY HEAR AN APPLICANT SAYING, WELL, I DON'T, I SPENT A LOT OF MONEY BRINGING THE FILL IN.

I DON'T REALLY WANNA TAKE IT OUT NOW, SO I'M GONNA LEAVE IT THERE.

THAT WOULD CHANGE THE ELEVATIONS IN ONE WAY OR ANOTHER.

SO WE SHOULD PRESS PATTY TO MAKE SURE THAT THIS IS NOT THE PRECURSOR TO SETTING THE STAGE FOR WHAT HE WANTS TO EVENTUALLY DEVELOP.

AND BY THE WAY, IF IT IS, TELL US ABOUT THAT.

YEAH.

SO WE WOULD UNDERSTAND WHAT'S GOING ON, WHICH I WILL DO RIGHT NOW.

I MEAN, WE, WE KNOW THAT IF AND WHEN THIS PROJECT GETS APPROVED, WE'RE GONNA BE TRANSFERRING A LOT OF MATERIAL FROM HERE TO THE OTHER PARCEL.

'CAUSE THERE'S A TREMENDOUS AMOUNT OF FILL THAT HAS TO BE DONE IN THERE WITH RETAINING WALLS AND THINGS LIKE THAT.

SO WE HAVEN'T BEEN CONCERNED WITH THE COST OF REMOVING IT.

OBVIOUSLY IF WE DIDN'T GET THAT APPROVAL, WE WOULD HAVE TO RECONDITION THIS SITE AND REMOVE ANYTHING THAT NEEDED TO BE TAKEN OUT.

AND WHETHER YOU'D WANT THE CLEAN FILL YOU, THAT I WOULD HAVE THE VILLAGE ENGINEER TELL YOU WHETHER IT'S BETTER TO LEAVE THAT FILL IN PLACE AND LEAVE IT PLANTED WITH GRASS OR WHETHER IT WOULD BE BETTER TO RECREATE THE KIND OF DROP OFFS IN THE BACK THAT PEOPLE COULD WALK OFF OF AND STUFF.

AND AGAIN, JUST TO BE DEVIL'S ADVOCATES, SO YOU HAVE A FULL CONVERSATION, THERE ARE OTHER WAYS TO STABILIZE A SLOPE.

YOU DON'T NEED TO FILL IT AND LEVEL IT NECESSARILY.

THERE ARE OTHER WAYS TO DO IT.

SO PHIL, HE, PHIL SHOWS UP ALL THE TIME.

YOU KNOW, SOMEBODY'S GOT A PROJECT ACROSS TOWN, I GOTTA GET RID OF PHIL.

MM-HMM .

I'M GONNA CALL PATTY.

CAN I DUMP IT ON YOUR SITE? UM, AND THAT'S WHY THIS IS BEING DONE.

PATTY KNOWS HE'S GONNA SHOVE IT DOWN TO THE BOTTOM OF THE SITE EVENTUALLY, BUT IT HAPPENED TO SHOW UP IN MARCH OF 2 26.

SO I, I'M MODIFYING MY PLAN.

SO, WHICH IS AGAIN, OKAY, BUT JUST TELL US WHAT'S GOING ON.

YOU JUST NEED TO UNDERSTAND WHAT'S HAPPENING HERE.

SO THERE'S A LOT OF REASONS TO BE SKEPTICAL.

RIGHT.

BUT, BUT IT COULD ALSO BE COMPLETELY LEGITIMATE AND, AND VALID TO BE DOING WHAT HE'S PROPOSING TO DO.

IT'S ALSO HARDER THESE DAYS TO BE THAT STYLE, WHICH WAS SO GOOD BACK MAYBE IN THE SEVENTIES, , BECAUSE NOWADAYS WE WOULD NOT TAKE ANYTHING ON THIS

[00:40:01]

SITE THAT WE DIDN'T HAVE A EFFECTIVELY A BILL OF LADING WHERE IT CAME FROM AND CERTIFY.

BECAUSE IF SOMEBODY SAY, OH, IT'S, DON'T WORRY ABOUT IT.

IT'S ALL CLEAN FILL AND THEY BRING GARBAGE ONTO THE SITE, IT BECOMES OUR PROBLEM.

SO YOU GOTTA HAVE TO BE VERY, VERY CAREFUL WITH THAT.

AND WE ARE KIDS GONNA GO TO COLLEGE BECAUSE OF IT THOUGH.

SO THAT MAKES SENSE.

THAT'S HOW I MAKE MY LIVING .

UM, SO GIVEN WHAT PAT JUST SHARED WITH US, DO WE WANNA ASK, DO YOU HAVE MORE QUESTIONS OR CONCERNS, UM, ABOUT WHAT'S BEING PROPOSED? NO, NOT, I JUST HAVE A COMMENT, WHICH IS A GENERAL COMMENT, WHICH IS THAT THE ORIGINAL, UH, REQUIREMENT THAT WE PUT IN THAT AN AGREEMENT BE REACHED WAS PROBABLY UNWISE ON OUR PART.

.

I WOULD JUST SAY THAT ASKING THE APPLICANT TO DO SOMETHING WHICH IS COMPLETELY BEYOND HIS CONTROL IS SOMETHING THAT IN RETROSPECT MM-HMM .

UM, IF I VOTED FOR IT , I WAS, UM, ILL ADVISED TO DO THAT.

AND I THINK AS A MATTER OF BEST PRACTICES, IT IS BETTER TO WRITE THESE, UM, UH, THESE APPROVALS WITH OBJECTIVE CRITERIA THAT CAN BE MEASURED AS OPPOSED TO, HEY GUYS, GO OUT AND AGREE TO SOMETHING.

YEAH, THAT'S A GOOD POINT.

QUITE WELL TAKEN.

YEAH.

AND I'LL, I'LL JUST SAY I REALLY APPRECIATED THE DISCUSSION HERE BECAUSE WHEN I READ A TO GI ALSO COULDN'T FIGURE OUT LIKE EXACTLY HOW TO EVALUATE MM-HMM .

YOU KNOW, WHETHER THAT WAS, UH, WITHOUT GOING THROUGH THE WHOLE PLAN.

AND I'M GOOD NOW AND LOOK FORWARD TO HEARING FROM YOU GUYS.

OKAY.

WELL, UM, THIS IS A PUBLIC HEARING ACTUALLY.

THE NEXT, THE NEXT STEP IS TO, UM, HEAR FROM ANY MEMBERS OF THE PUBLIC .

GOOD EVENING.

JIM METZKER 4 27 WAR BURTON AVENUE.

I AM THE NEIGHBOR, UM, YOUR WIFE.

I, I, I HAVE I MY, MY WIFE SENT HERE AS WELL TONIGHT.

UM, WE'VE ACTUALLY HAD SOME VERY PRODUCTIVE CONVERSATIONS WITH PATTY.

UM, WE'VE HAD A COUPLE OF CONVERSATIONS THAT WERE A LITTLE TESTY.

I'VE SENT A LOT OF INFORMATION TO THE BUILDING DEPARTMENT, AND IF YOU GIMME A LITTLE BIT OF LEEWAY IN TERMS OF GOING THROUGH SOME OF THAT, THERE'S SOME, A LITTLE BIT OF ADDITIONAL INFORMATION THAT YOU SHOULD KNOW THAT WAS NOT BROUGHT UP THIS EVENING.

UM, ON RECOMMENDATION TO THIS BOARD, MY WIFE AND I DID HIRE, UH, BOND GRIGGS OF, UH, BOND DAVIS RATHER OF, UH, BOND AND LOUISE GRIGGS DAVIS STRUCTURAL ENGINEERS.

WE MET WITH THEM ON OUR SITE AND THEY WERE RESPONSIBLE FOR GIVING US A LOT OF INFORMATION THAT WAS THEN SENT TO THE BUILDING DEPARTMENT, ADDRESSING THE CONCERNS THAT WE HAD THAT WE FELT WERE NOT PREVIOUSLY ADDRESSED.

I'D LIKE TO CLEAR THE AIR ON THIS AGREEMENT THING THAT WAS LIKE, HEY, YOU SIGNED AGREEMENT, NOT SIGNED AGREEMENT.

HERE'S WHY THE AGREEMENT WAS NOT SIGNED.

IT WAS PREPARED BY GOTHAM DESIGN WITHOUT ANY INPUT FROM US.

AND THERE WAS ONE, ONE, UH, PARAGRAPH IN THERE THAT WOULD'VE PUSHED A LOT OF THE LIABILITY OF ANYTHING THAT HAPPENED ON THE SITE ONTO ME.

AND I WAS NOT ABOUT TO SIGN THAT.

SO THANK YOU FOR RECOGNIZING THAT I WAS NOT GOING TO DO THAT.

UM, IN A LETTER FROM FEBRUARY 27TH FROM MARCH, THE PALMER, UH, THE DE PALERMO AND WILSON, UM, ONE OF THE THINGS THAT THEY MENTIONED, THIS WAS ONE OF THE ISSUES THAT WAS RAISED BY OUR STRUCTURAL ENGINEER TO USE ANY MECHANICAL EQUIPMENT TO DEMOLISH THAT BUILDING.

WE HAD ORIGINALLY TALKED ABOUT TAKING DOWN THE SOUTH SIDE OF THE BUILDING WITH MECHANICAL EQUIPMENT AND THEN GOING IN AND JUST DOING THAT WALL BY OUR HOUSE, UH, BY HAND.

HE SAID, HE SAID, THAT IS A RECIPE FOR DISASTER.

HE SAID, AS SOON AS YOU DESTABILIZE THE BUILDING, BECAUSE IT'S A THREE BRICK WIDE, WE ARE STRUCTURAL BUILDING.

AS SOON AS YOU START TO DESTABILIZE HALF OF THAT BUILDING, THERE IS NO TELLING WHAT'S GONNA HAPPEN TO THE OTHER HALF.

AND HE RECOMMENDED VERY STRONGLY REMOVED FROM THE TOP DOWN BY HAND.

THERE ARE INDICATIONS HERE THAT SAYS, UM, IN THE LETTER FROM THE ATTORNEY, THIS INCLUDES, BUT IS NOT LIMITED TO REMOVING THOSE PORTIONS OF THE BUILDING CLOSEST TO THE PROPERTY BY HAND, NO EXCAVATOR OR HEAVY EQUIPMENT.

I WOULD LIKE TO MAKE SURE THAT WE ARE DOING THE ENTIRE BUILDING BY HAND.

AND PATTY WROTE A LETTER WHERE HE SAID IT WOULD INCREASE THE DEMOLITION TIME FROM I THINK TWO TO THREE DAYS TO TWO WEEKS.

UH, WE WOULD LIKE TO HAVE THAT DONE SO THAT THERE IS NO REASON THAT WE, WE HAVE TO FEAR FROM, UH,

[00:45:01]

UH, MECHANICAL EQUIPMENT TAKING DOWN PART OF THE BUILDING AND AND AFFECTING OUR BUILDING.

UM, THEY DO CALL FOR THE PRE DEMOLITION REVIEW OF 4 27, AND WE WILL BE PROVIDING OUR OWN PHOTO DOCUMENTATION.

I'D ALSO LIKE TO KNOW THAT THEIR ENGINEER WOULD PROVIDE PHOTO DOCUMENTATION.

OKAY.

I'M TRYING TO GO, GO THROUGH THIS AS QUICKLY AS POSSIBLE.

SO THAT'S THE FIRST ISSUE, IS THAT THERE SHOULD BE NO MECHANICAL EQUIPMENT, UM, TO REMOVE, TO DEMOLISH THE BUILDING.

UM, THERE IS A LETTER, THERE'S A, AN A, A PARAGRAPH IN THE SITE PREPARATION MITIGATION PLAN THAT SAYS MULCH VEGETATION WILL BE RETAINED ON SITE FOR REUSE TO STABILIZE DISTURBED AREAS OF THE SITE.

UM, I'D LIKE TO SUGGEST THAT THEY TRY DOING THAT ON REYNOLDS ON, UH, THE BURKE ESTATE RATHER.

AND WHEN THAT ORGANIC STUFF DISINTEGRATED, IT CREATED SINKHOLE.

SO I'D LIKE TO HAVE THE ORGANIC FILL, UM, MULCHED VEGETATION REMOVED, AND THEN IT'S CLEAN ACTUAL STRUCTURAL FILL THAT IS BROUGHT IN.

UM, THEY ARE TALKING ABOUT LEAVING PART OF THE BASEMENT WALL OF THE EXISTING BUILDING TO ACT AS A RETAINING WALL.

SO PART OF THE PROBLEM IS, I BELIEVE THEY'RE TALKING ABOUT FILLING IN THAT PORTION OF THE BASEMENT AFTER THEY DEMOLISH THE REST OF THE BUILDING TO CREATE, UM, SOMETHING APPROACHING A LEVEL SITE.

THE BACK FILLING INTO THAT BASEMENT COULD DESTABILIZE THAT BASEMENT WALL.

IT'S A RUBBLE STONE WALL RIGHT NOW, AND I'D LIKE TO MAKE SURE THAT WE, WE SUPPORT THAT WALL PROPERLY, THAT IF THEY'RE BACK FILLING IT TO BE ABLE TO DRIVE EQUIPMENT OVER THAT AREA, THAT WALL IS NOT GONNA COME DOWN INTO MY YARD AND ONTO MY HOUSE.

UM, UM, I'D LIKE TO NOTED ON THE DRAWINGS THAT THEY SUBMITTED THAT THERE SHOULD BE A NOTE THAT SAYS THAT WHOEVER'S DOING THE WORK, THAT THERE IS A NOTE THAT SAYS THEY HAVE TO BE PARTICULARLY CAREFUL AS THEY GET NEAR MY HOUSE.

WHEN YOU GET GUYS ON A SITE, YOU KNOW, THEY COME IN 7 30, 8 O'CLOCK IN THE MORNING WHENEVER THEY'RE GONNA START WORK, AND HEY, WE GOTTA GET, WE GOTTA GET THIS DONE.

I WANNA MAKE SURE THAT THERE'S NO QUESTION THAT WHEN THEY'RE WORKING ANYWHERE NEAR MY HOUSE THAT THE WORK THAT'S BEING DONE IS BEING DONE CAREFULLY AND NOT NECESSARILY AS QUICKLY AS POSSIBLE.

UM, WE TALKED ABOUT HAVING AN ENGINEER, AND SO THE ENGINEER THAT WE HIRED SUGGESTED THAT IT IS NOT UNCOMMON FOR THE DEVELOPER TO BRING IN AN ENGINEER TO EVALUATE THEIR SITE AND OBVIOUSLY MY SITE.

AND HE SAID IT'S ALSO NOT UNCOMMON FOR THE PERSON WHOSE PROPERTY COULD POTENTIALLY BE AFFECTED TO REQUEST THAT THEY GET TO PICK THE ENGINEER OR AT LEAST APPROVE THE ENGINEER THAT THAT IS BEING SELECTED, BUT THAT THE COST FOR PROVIDING THAT ENGINEERING SERVICE WOULD BE DONE BY THE APPLICANT.

SO I'D LIKE TO MAKE SURE THAT THAT'S WHAT'S BEING DONE.

UM, WE DO HAVE A PROBLEM WITH COCKROACHES AND IT'S SOMETHING THAT'S NOTED IN HERE.

IT'S SOMETHING THAT I WOULD NOT HAVE THOUGHT OF.

I WAS MORE CONCERNED WITH RATS SINCE THE INITIAL WORK TO CLEAN OUT THAT BUILDING WAS DONE.

WE'VE NOW NOTICED COCKROACHES ON OUR PROPERTY.

UM, I'M NOT HAPPY ABOUT THAT.

I'D LIKE TO KNOW THAT THEY COULD COME IN, BRING THEIR, THEIR PEOPLE IN AND, UM, TRY AND REMEDIATE THAT AS QUICKLY AS POSSIBLE.

UM, WE'RE ALMOST, WE'RE WE'RE GETTING THERE FOLKS.

UM, AND AGAIN, UM, AND PORTIONS OF THE PLANS, IT SAYS THE DEMO WILL BE DONE BY HAND.

IT PORTIONS, IT SHOWS HEAVY EQUIPMENT BEING USED.

I'D LIKE TO MAKE SURE THAT WE'RE ALL VERY CLEAR ON, ON THE WAY THE DEMOLITION WILL BE DONE.

OKAY.

UM, WE'RE DONE WITH THAT.

I'M ALMOST THERE FOLKS, I PROMISE.

UM, ON THEIR DRAWING, D ONE, THEY DO MENTION A MECHANICAL EXCAVATOR UNDER THE DEMOLITION PROCEDURE, ITEM NUMBER TWO DASH 2.1 AND 2.7.

UM, AND A POSSIBLE EXCAVATOR WITH THE JACKHAMMER.

UM, I WAS TOLD BY OUR STRUCTURAL ENGINEER DOING JACKHAMMERING, ESPECIALLY BY HEAVY EQUIPMENT, COULD BE PARTICULARLY DANGEROUS FOR MY BUILDING.

AND I KNOW THEY'RE GOING TO PROVIDE, UM, VIBRATION SENSORS, BUT I WANNA MAKE SURE WE DON'T GET TO A POINT WHERE SOMEONE STARTS DOING THE WORK BECAUSE WE'VE SEEN THAT HAPPEN.

OH, WE DIDN'T KNOW.

AND I END UP HAVING A PROBLEM WITH MY WALL.

I HAVE A RUBBLE STONE FOUNDATION AS WELL.

JIM, DID YOUR ENGINEER PROVIDE YOU WITH A WRITTEN REPORT? NO, IT WAS A DISCUSSION THAT WE HAD.

AND THEN I WROTE UP NOTES AFTER, CAN YOU COST MORE MONEY? UH, IT, IT, IT WAS, IT WAS A SUBSTANTIAL AMOUNT OF MONEY TO SPEND

[00:50:01]

AN HOUR AND A HALF WITH HIM.

AND I TOOK NOTES WHILE WE WERE WALKING AROUND.

IT'S JUST AN OBSERVATION, WHICH IS THAT, YOU KNOW, AS I THINK WE DISCUSSED EARLIER, IT'S VERY CONVENTIONAL, AT LEAST IN MY EXPERIENCE, UM, IN THESE SITUATIONS FOR, UH, FOR THE PARTIES FOR AN APPLICANT OR A DEVELOPER AND A NEIGHBOR TO COME TO AN AGREEMENT, UM, TO REACH CONDITIONS FOR THE DEMOLITION OR DEVELOPMENT THAT ARE MUTUALLY ACCEPTABLE.

AND IT'S ALSO VERY COMMON FOR THE DEVELOPER TO PAY FOR THE ATTORNEY'S FEES AND ENGINEER'S FEES FOR, FOR THE NEIGHBOR.

SO, COMPLETELY NORMAL, I THINK ALMOST TO BE EXPECTED.

MM-HMM .

UNDER THESE CIRCUMSTANCES, IN MY EXPERIENCE, AND I'M NEW TO THE PLANNING BOARD, IT'S VERY UNCONVENTIONAL, I THINK FOR A BODY LIKE OURS TO DICTATE, FOR EXAMPLE, THE DEVELOP THAT A, THAT A DEVELOPER PAY AN ENGINEER'S FEES OR ANYTHING LIKE THAT.

AND I'M, I'M FRANKLY NOT SURE.

I MEAN, I'VE DEFER TO THE VILLAGE ATTORNEY THAT THAT'S, THAT THAT CAN BE DONE.

UM, AGAIN, IT'S VERY, YOU KNOW, YOU MENTIONED THAT, THAT THERE WERE CONCERNS REGARDING THAT TERMS OF THE AGREEMENT.

I MEAN, THAT'S WHY UNDER, I THINK UNDER MANY CIRCUMSTANCES YOU MIGHT HAVE AN ATTORNEY OF YOUR OWN TO NEGOTIATE THE AGREEMENT.

RIGHT.

AND AGAIN, ATTORNEY'S FEES ARE OFTEN PAID FOR BY THE DEVELOPER.

RIGHT.

UM, I JUST DON'T, I DON'T KNOW THAT WE CAN DO SOME OF THE THINGS THAT ARE BEING REQUESTED HERE.

IF, IF I CAN WORK THAT OUT WITH PATTY, THAT WOULD BE GREAT.

YEAH.

UM, THAT WOULD BE THE NORMAL, AS YOU KNOW, THESE THINGS DON'T COME CHEAP.

BUT AGAIN, YOU WOULD NOT ULTIMATELY, I MEAN, AGAIN, WELL, I'M HOPING I ULTIMATELY WOULD NOT BE RESPONSIBLE FOR COVERING THAT COST.

YEAH.

UM, NOT MY PROJECT.

YEAH.

YEAH.

THAT'S INDEED.

HOW SO, UM, ON, DURING D TWO THAT WAS SUBMITTED, THAT'S LISTED NOT FOR CONSTRUCTION, THERE IS A DRAWING HERE OF A VERY LARGE, UH, UH, UH, TRACTOR HERE, DEMOLISHING PART OF THE BUILDING.

SO AGAIN, IT ALL GOES BACK TO HOW OUR PROPERTY GETS PROTECTED DURING THE CONSTRUCTION.

LIKE I SAID, I WANT TO, I WANNA REITERATE, PATTY AND I HAVE HAD VERY GOOD DISCUSSIONS ABOUT WHAT'S GOING ON HERE, AND I'M HOPING AT SOME POINT THAT THE BOARD CAN COME TO AGREEMENT WITH GOTHAM AND WITH THE OWNERS OF THE PROPERTY, GET THIS THING MOVING FORWARD.

FINALLY, WE'VE BEEN WAITING A VERY LONG TIME.

I THINK WE'RE ABOUT THIS CLOSE.

AND AGAIN, I WANT TO REALLY THANK THE BOARD FOR BEING CONCERNED ABOUT MY PROPERTY.

UM, THERE'S OBVIOUSLY PROPERTY ON THE SOUTH SIDE OF THIS, THEY'RE NOT GONNA BE AFFECTED QUITE AS MUCH BECAUSE OF THE DISTANCE.

BUT THE FACT THAT WE'RE ALL DISCUSSING THIS IN PUBLIC AND WE'RE ALL COMING TO THE SAME AGREEMENT MAKES ME HOPEFUL THEY'LL HAVE A VERY SUCCESSFUL PROJECT.

GO AHEAD.

THANK YOU.

UH, PATTY, CAN I PUT YOU ON THE SPOT FOR WHY NOT , WHY NOT? I'M, I'M JUST TRYING TO MOVE THIS IN THE INTEREST OF MOVING THIS FORWARD, YOU JUST HEARD A, A BUNCH OF ADDITIONAL CONDITIONS.

I WOULD ASK IF THERE ARE ANY OF THOSE THAT YOU CAN ACCEPT RIGHT AWAY.

SO WHAT I'M TRYING TO SEE, THAT'S WHAT I, THAT'S I WAS GONNA, I'M TRYING TO SEE NEEDS TO RESPOND IF INSTEAD OF SENDING YOU OFF TO DO MORE WORK, RIGHT.

NO, I, WE CAN ACTUALLY HAMMER OUT YEAH.

THE OUTLINE OF A OF, YEAH.

I MEAN I HAVE TO, I HAVE TO FIND A LITTLE BIT MORE OUT ABOUT DOING EVERYTHING BY HAND BECAUSE PART OF THE IDEA WAS WE'D TAKE STUFF DOWN AND WE'D HAVE THE STRUCTURE SAY OF THE SECOND FLOOR.

WE'D HAVE THE ONE SIDE REMOVED THAT WAS THE SOUTH SIDE, AND THEN WE'D BE TAKING THE OTHER SIDE DOWN BY HAND TO BE ABLE TO TAKE THINGS DOWN WITH EQUIPMENT.

UM, I DON'T KNOW THAT IT'S BETTER TO HAVE ALL THAT GOING FROM A THIRD FLOOR TO THE GROUND, UM, BY HAND.

NO, THAT'S WHY I WAS ASK, I WASN'T ASKING WHAT YOU DISAGREED WITH.

I WAS ASKING WHICH OF MR. WELL, NO TERMS. YEAH, BUT THAT'S, YOU, YOU DON'T, I'VE ONLY GOT THAT MUCH WRITTEN ISSUE.

RIGHT? YEAH.

YOU WANT ME TO JUST ASK THE QUESTION? SO I'M GONNA SEE, I, I THINK WE CAN DO A LOT OF IT BY HAND.

I'M MORE COMFORTABLE WITH AS MUCH OF IT BEING DONE BY HAND AS POSSIBLE, BUT I, I DON'T WANNA PRECLUDE THE USE OF EQUIPMENT IF SAY A, UH, BUCKET LOADER OR SOMETHING COULD BE WHAT THEY'RE PUTTING THE BRICK INTO.

OKAY.

SOMETHING LIKE THAT.

I THINK THE DRAWING IS PROBABLY THE BEST SELECTION FOR THIS TO BE A SITCOM THAT WHEN YOU'RE LOOKING AT THE THING, IT LOOKS LIKE A, A PREDATOR THAT'S .

SO I, I THINK IT MAKES, MAKES, YOU KNOW, DO YOU HAVE A COPY OF THIS D TWO DRAWING TO PUT UP? IT'S RIGHT THERE.

OH, I'M SORRY.

IT IS RIGHT THERE.

YEAH.

SO THIS IS KER METZKER.

I, I, YOU'D THINK I WOULD KNOW THAT BY NOW.

.

UM, WHAT CONCERNS ME IS THE, THE TYRANNOSAURUS WRECKS UP HERE.

YEAH.

UM, YOU KNOW, THEY SHOW IT'S NICE, THEY SHOW A SAFETY ZONE AND ALL OF THAT.

THE PROBLEM IS AS THEY START TO REMOVE THIS BRICK WALL, BECAUSE THERE IS WOOD FRAMING, TYING THAT BRICK WALL TO THE OTHER BRICK WALL, AS THAT WALL COMES DOWN, THAT CAN START ACTING AS A LARGE LEVER AND START BUCKLING THE WALL THAT'S

[00:55:01]

NEXT TO MY HOUSE.

AND THAT'S WHY MY STRUCTURAL ENGINEER WAS ADAMANT ABOUT STARTING AT THE ROOF AND WORKING DOWN AS OPPOSED TO STARTING AT THE SOUTH AND WORKING, UH, WORKING TO THE NORTH.

'CAUSE THERE'S, THERE'S JUST A GREAT POTENTIAL.

UM, AND IT TRUSTS ME.

IT DOESN'T TAKE LONG.

I'VE SEEN IT HAPPEN ON JOB SITES.

SOMEBODY MAKES ONE WRONG MOVE AND PEOPLE GET HURT AND, AND THERE'S A LOT OF DAMAGED PROPERTY.

SO I'D LIKE TO MAKE SURE THAT WE, WE SET IT AS A, AS A, UH, PART OF THE PROJECT.

DO THEY GO FROM THE THIRD FLOOR DOWN? OKAY.

SO IT'S REALLY, SO PATTY, DO, DO YOU CARE WHETHER YOU STARTED THE SOUTH OR NORTH OR SO TOP TO BOTTOM? OKAY.

I ABSOLUTELY CARE ABOUT THAT.

UM, THE FASTEST WAY TO TAKE THIS BUILDING DOWN IS TO START AT THE BOTTOM, BUT THEN YOU'RE GONNA HAVE TO COUNT BODIES.

SO THE REALITY HERE IS THAT THE ONLY SAFE WAY TO DO THIS IS TO TAKE IT DOWN FROM THE TOP.

AND I WOULDN'T EVEN, YOU KNOW, THEY WERE TALKING, YOU KNOW, THE CONTRACTOR WAS TALKING ABOUT DOING ONE WALL, THEN THE NEXT WALL, YOU KNOW, DOWN TO STORIES LIKE THIS, I WOULDN'T GO THAT FAR.

I WOULD, I WOULD TAKE LIKE HALVES DOWN.

THERE'S NO WAY I CAN TAKE THAT WOOD OUT.

THERE'S, WELL, I'LL SAY THERE'S NO WAY I CAN TAKE THE, THE NORTH WALL OUT WITHOUT REMOVING THE WOOD, BUT I, I CAN MAKE SURE THAT I'M NOT LEAVING WOOD.

THAT ACTS AS A LEVER TO DIS DIS, YOU KNOW, TO, TO MAKE THE, THE NORTH WALL UNSTABLE.

SO THOSE, THAT HAS TO BE DONE VERY CAREFULLY.

THE, THE REALITY HERE IS THERE'S NO EASY WAY TO DO THIS.

THERE'S A LABORIOUS WAY TO DO IT, WHICH IS MUCH SAFER THAN THE FASTER WAY.

AND THAT'S THE ONE THAT WE SHOULD BE USING.

AND IF JIM FEELS MORE COMFORTABLE THAT WE'RE TAKING ALL THE BRICK DOWN, THAT WE'RE NOT PULLING ANYTHING DOWN, I THINK THAT'S SOMETHING I WOULD CERTAINLY AGREE WITH.

I WOULD WANNA RESERVE THE RIGHT THAT WE'D BE ABLE TO USE SOME EQUIPMENT SO THAT WE'RE NOT HAVING GUYS TRY TO CARRY THE BRICKS DOWN OR THROW THE BRICKS DOWN OR SOMETHING LIKE THAT.

NO PROBLEM THERE WHATSOEVER.

OKAY.

YEAH.

SO I HAVE A QUESTION FOR MS. WILSON.

, AREN'T YOU GLAD YOU CALLED AND ASKED IF , SO YOU'RE HEARING FROM THE BOARD, UH, CONCERNS ABOUT, UH, UH, MEANS AND METHODS AND SITE SAFETY AND, UH, UNDUE EXPENSE TO THE NEIGHBOR, UH, THAT, UH, HE SHOULDN'T INCUR COSTS FOR THE ENGINEERING, UH, FOR REVIEWING, UH, THE PLANS, UH, TO HAVE THE ENGINEER ON SITE, UH, DURING DEMOLITION.

UM, JIM SHOULDN'T HAVE TO BE THE SITE SAFETY PERSON PROTECTING HIS OWN BUILDING.

UH, WOULD YOUR CLIENT PAY FOR, UH, THE MEANS AND METHODS THAT WE'RE DISCUSSING? I WOULD CERTAINLY WANNA CHECK WITH HIM, BUT I THINK WHAT YOU'RE SAYING, I, LET ME TRY IT FROM A DIFFERENT ANGLE.

IF WE AGREED UPON A THIRD PARTY ENGINEER, A SITE SAFETY INSPECTOR, WHO, WHOEVER IS THE PROPERLY CRE CREDENTIALED PROFESSIONAL TO BE ON SITE ON, I DON'T KNOW IF IT'S EVERY DAY OR THE DEMOLITION PERIOD TO ENSURE THAT THE PROPER SAFETY METHODS ARE BEING FOLLOWED, I THINK THAT THAT WOULD BE A COST THAT THE APPLICANT WOULD INCUR SENSIBLE SOLUTION.

IT WOULD BE, AND I'M JUST MAKING SURE THAT I'M BEING CLEAR.

SO YOU WOULD HAVE YOUR ENGINEER, HE WOULD HAVE HIS ENGINEER.

WHAT I'M SAYING IS WE'D AGREE ON ONE ENGINEER.

NO, THAT'S NOT WHAT I'M SAYING.

UH, NOT THAT I DON'T TRUST YOU AND NOT THAT HE DOESN'T TRUST YOU, UH, BUT NORMALLY DO I TRUST JIM? I THINK JIM SAID HE WOULD BE WILLING TO AGREE UPON AN ENGINEER, BUT HE, BUT HE'S ALREADY HIRED HIS OWN ENGINEER.

UM, YOU KNOW, HE'S ALREADY INCURRED EXPENSES.

UM, HE HAS AN ENGINEER.

IF I WAS IN HIS SHOES AND, AND, AND I WAS DOING THIS ON TUESDAY, UH, MY, MY CLIENT'S NEIGHBOR HIRED, YOU KNOW, IS PAYING MY FREIGHT AND PAYING THE ARCHITECT ENGINEER THAT I'VE HIRED TO PROTECT MY CLIENT'S BUILDING.

IT'S ANALOGOUS, UH, WHY SHOULD HE TRUST YOUR ENGINEER OR I AM JUST THROWING OUT AN IDEA.

I MEAN, IF THE VILLAGE WANTED TO, UH, IF, IF THE VILLAGE WAS COMFORTABLE WITH THIS THIRD PARTY ENGINEER, IF WE AGREED ON ENGINEER A AS BEING THE RIGHT, BEST CREDENTIALED PERSON, I THINK THAT WOULD BE SUFFICIENT.

UM, SIMILAR TO HAVING A, A BLASTING INSPECTOR ON SITE AT A BLASTING SITE, YOU USUALLY HAVE ONE, THEY DO THE READINGS, THEY, THEY REPORT OUT WHAT THAT, WHAT THOSE READINGS ARE, AND EVERYONE'S IN AGREEMENT THAT IT WAS X, Y, OR Z OR THAT THE METHODS WERE BEING FOLLOWED.

SO I I UNDERSTAND WHAT YOU'RE, YOU'RE QUE YOU'RE ASKING, YOU WANT TWO ENGINEERS ON SITE, ONE OURS, ONE HIS,

[01:00:01]

I THINK IT COULD BE DONE JUST AS WELL IF WE ALL AGREED ON THAT PERSON.

I, I THINK THAT'S A SENSIBLE SOLUTION.

YEAH.

OKAY.

ARE YOU OKAY WITH THAT? YEAH.

WE'RE GUARDING THE, UH, THE JACKHAMMER.

I ASSUME THAT'S TO CRACK THE SLAB ON THE CELLAR BEFORE YOU BACKFILL.

NO, WE'RE NOT USING ANY JACKHAMMER ON THE BUILDING AT ALL.

IT'S THE, UH, CONCRETE, UH, PLATFORM THAT'S OUT IN THE MIDDLE OF THE SITE.

RIGHT? YEAH.

YOU HAVE TO CRACK THAT.

RIGHT? AND NOW I, YOU KNOW, IF YOU'RE USING, OH, I'M SORRY IF, IF YOU'RE, IF YOU'RE USING A BACKHOE WITH A LARGE PNEUMATIC JACKHAMMER, I HAVE AN ISSUE WITH THAT.

THERE IS ROCK, THERE'S A LOT OF ROCK ON THAT PROPERTY.

SO AS YOU GO TO, SO YOU GO TO BREAK UP THAT CONCRETE, THAT ROCK ACTUALLY COMES OVER TOWARDS MY PROPERTY.

YEP.

THOSE, THOSE VIBRATIONS TRANSMIT, AS YOU WELL KNOW, I HAVE 120 5-YEAR-OLD RELE STONE FOUNDATION, AND I'M VERY CONCERNED ABOUT VIBRATION.

SO YOU COULD BE BREAKING WHAT YOU THINK IS A THIN CONCRETE SLAB IN THE MIDDLE OF THE SITE, BUT YOU MAY BE SENDING TRANSMISSION THROUGH A HUGE ROCK OUT CROPPING TO MY HOUSE.

I WANNA MAKE SURE WE'RE ALL VERY CAREFUL.

I KNOW HOW CONSTRUCTION GOES.

I'VE BEEN DOING THIS FOR 45 YEARS, 50 YEARS.

GUYS GET ON THE SITE AND THEY WANT TO GET GOING.

THEY'RE GETTING PAID BY THE HOUR.

I WANT TO GET IN AND GET OUT.

I WANNA MAKE SURE IT'S DONE RIGHT.

SO IF IT INVOLVES SOMEONE FROM YOUR FIRM ON SITE SAYING, SLOW DOWN, LET'S DO SOME EXPLORATION HERE.

AND I KNOW THAT YOU'RE DOING EXPLORATION AROUND THE SITE, WHEN THOSE GUYS SHOW UP AT THEIR EQUIPMENT, THEY'RE NOT GONNA CARE ABOUT MY HOUSE.

I WANNA MAKE SURE SOMEBODY FROM YOUR FIRM IS THERE TO CARE ABOUT MY HOUSE.

I MEAN, I FEEL MORE COMFORTABLE THAN SOMEBODY FROM MY FIRM, A LICENSED ENGINEER WHO THAT'S THAT'S FINE IF WE CAN FIND THE RIGHT ENGINEER.

AND I, I APPRECIATE WHAT RICHARD BASS WAS SAYING, BUT I ALSO APPRECIATE THERE'S A REALITY HERE.

IF I NEEDED TO, IF THERE WAS A CONDITION WHERE WE SAID, WAIT A SECOND, YOU HAVE TO STOP.

I'M NOT COMFORTABLE WITH THIS.

I'D LIKE TO KNOW THAT I COULD BRING SOMEBODY IN FOR AN HOUR OR TWO.

RIGHT.

I DIDN'T BRING ALL MY PAPERWORK WITH ME, BUT I THINK THERE'S STILL THE THING IN THERE WHICH SAYS, IF THE, IF A NEIGHBOR SAYS, STOP, YEAH, THAT HAPPENS.

I, I, I WROTE THAT AND, AND IF I HAVE, IF I HAVE A COMPLAINT THIS EVENING IS I DIDN'T KNOW THAT JIM HAD ANY ISSUES ABOUT THESE THINGS.

I WISH YOU HAD TOLD ME AND I PROBABLY COULD HAVE DONE WITH IT.

SO I'M GONNA YES.

NOT THAT YOU HAD ANY OBLIGATION TO DO, BUT NO, NO.

WE, WE TALKED ABOUT QUITE A FEW OF THESE THINGS OVER THE MEETINGS OVER THE YEARS.

AND LISTEN, I UNDERSTAND HOW THIS IS, YOU HAVE, YOU HAVE WHAT YOU NEED TO GET DONE.

I HAVE WHAT I NEED TO PROTECT, AND AT SOME POINT WE WILL COME TO A MEETING OF THE MINDS.

AND I THINK, LIKE I SAID, I THINK WE'RE VERY CLOSE AND I WANT YOU GUYS TO MOVE FORWARD ON THIS HERE.

I THINK THE BOARD IS DON WORRY OFF.

I'M GONNA ASK THAT.

I'M GOING TO ASK, DON'T NEED IT.

SO, YEAH.

YEAH.

SO, UM, I'M GOING TO ASK THAT, GIVEN THAT SOME NEW IDEAS OR, UM, REQUIREMENTS ON THE PART OF THE NEIGHBOR HAVE COME UP AND YOU ARE CONTEMPLATING THEM, YOU HAVE, UM, A SUGGESTION OF HOW TO ADDRESS THE CONCERNS.

WHAT I'D LIKE YOU ALL TO DO IS HAVE A CONVERSATION AFTER THIS MEETING, UM, AND COME BACK WITH, UH, A LIST OF THE THINGS THAT YOU'VE AGREED TO THAT WE WILL THEN, UM, YOU KNOW, CLEARLY IT'LL OUTLINE THE WAY THAT WE CAN INCORPORATE INTO OUR APPROVAL, BECAUSE WE CAN'T, WE CAN'T DO THIS NEGOTIATION IN REAL TIME RIGHT HERE IN THIS ROOM.

WE HAVE OTHER APPLICANTS THAT ARE COMING BEFORE US.

SO, UM, THE, SO I, I THINK WE'VE MADE SOME PROGRESS, BUT YOU NEED TO, UM, I, I'D BE WILLING TO DO THAT IF THERE'S A TIME COMPONENT PUT ON IT.

AND IF WHAT WE'RE TALKING ABOUT IS BETWEEN NOW AND YOUR NEXT MEETING, WELL, OR SOMETHING LIKE THAT.

I MEAN, I JUST WENT, WELL, HERE'S, HERE'S WHAT I'M GONNA SAY.

YEAH.

WELL, I, LINDA JUST WENT THROUGH FIVE MONTHS, WHICH WASN'T UP TO US GUYS.

THIS, AND I DIDN'T EVEN KNOW WHAT WAS HAPPENING.

THIS, I'M SAYING TO THE APPLICANT, YOU SHOULD PLAN TO COME BACK TO US NEXT MONTH.

OKAY.

AND YOU COME BACK WITH WHAT YOU ARE COMFORTABLE WITH PROPOSING.

WE'RE NOT, WE ARE JUST SUGGESTING THAT YOU INCORPORATE THE, THE INFORMATION YOU GOT TONIGHT, INCLUDING WHAT WE HAD TO SAY, WHAT THE NEIGHBOR HAD TO SAY, AND YOU COME BACK WITH A REASONABLE, UM, RESPONSE WHERE YOU SAY, HERE'S HOW WE RESPONDED TO THE DIFFERENT CONCERNS.

HERE'S WHAT WE'RE PROPOSING.

UM, WE'RE NOT ASKING YOU TO COME BACK WITH A SIGNED AGREEMENT, JUST COME BACK WITH WHAT YOU'VE, THIS IS A COMMON, YOU KNOW, YOU'VE GONE THROUGH THIS PROCESS, OKAY? WE WE'RE NOT EXPECTING YOU TO, I'VE BEEN DOING THIS FOR 60 YEARS, SO MULTIPLE ROUNDS, JUST COME BACK NEXT MONTH.

UM, OKAY.

THAT'S, THAT'S FINE.

I THINK THAT THE, THE NEIGHBOR HAS OUTLINED HIS CONCERNS.

I DON'T, I, YOU KNOW, LET'S, LET'S ALL JUST, UM, ASSUME THAT YOU NOW HAVE ALL THE INFORMATION YOU NEED ABOUT WHAT HIS PROPOSED .

I DON'T THINK I HAVE ALL THAT YET.

WHAT I'M GONNA ASK JIM, IF YOU HAD, SHARE WHAT YOU, YOUR NOTES AND ALL THAT, AND GIVE THAT TO ME BECAUSE YEAH.

I WANNA MAKE SURE I GET IT RIGHT.

YOU GUYS CAN, AND ONE THING, AND I, I KNOW YOU HAVE TO ASK YOUR CLIENT, BUT TO HELP MOVE THIS ALONG, ASK YOUR CLIENT IF HE'S WILLING TO PAY FOR JIM TO, FOR THE

[01:05:01]

NEIGHBOR TO HAVE AN ENGINEER INVOLVED AND MAKE SURE THAT, THAT YOU'RE SATISFIED WITH THOSE THINGS.

YEAH.

SO HE DOESN'T INCUR FURTHER COST.

YOU MIGHT WANNA ASK YOUR CLIENT IF THEY'RE WILLING TO.

I'M CERTAINLY WILLING, IF JIM ASKED ME TO DO THAT, I WOULD CERTAINLY DO THAT.

WELL, JUST, I MEAN, THAT'S A LITTLE BIT IMPORTANT FROM THE STANDPOINT THAT WASN'T ON, THAT WASN'T SOMETHING WE NEVER SAID NO TO ANYTHING LIKE THAT.

WE WERE NEVER ASKED TO DO THAT.

OKAY.

SO, GOOD.

SO WE'VE RESOLVED THAT.

NOW THE REQUEST IS OUT THERE AND YOU CAN RESPOND TO IT.

AND, UM, OKAY.

SO NOW THAT DONE, CAN YOU APPROVE THE WHOLE PROJECT TONIGHT? OR YOU STILL HAVE TO HAVE MORE INFORMATION? .

JUST KIDDING.

, I'M SORRY.

SHE WASN'T, IT LOOKS LIKE THERE'S ANOTHER MEMBER OF THE PUBLIC WHO'D LIKE TO SPEAK.

CINDY TRAVIS, 4 27 MORE BURTON.

I'M, I ACTUALLY WANNA REPRESENT THE, UH, THE ENVIRONMENTAL, THE ENVIRONMENTAL PIECE, WHICH IS THERE ARE, UH, A, A STAND OF TREES THAT HAVE BEEN THERE FOR DECADES THAT ARE, UH, HOME FOR NESTING BIRDS.

AND I WAS HOPING THAT THOSE TREES COULD COME DOWN BEFORE THE NESTS START GOING IN.

OTHERWISE WHEN THEY CUT THE TREES DOWN, ALL THE BABY BIRDS AND THAT, AND EGGS WILL BE DESTROYED.

SO I'M HO I DON'T KNOW WHETHER I'M HEARING THAT THIS IS NOT GONNA HAPPEN.

IT'LL ALL HAPPEN IN SPRING OR WHATEVER, AND THOSE NESTING BIRDS WILL BE DESTROY.

SO THAT'S ALL.

I DON'T IT, YOU DON'T HAVE JURISDICTION OVER IT THAT THANK YOU FOR THAT, BUT WE, YEAH, IT DOES NOT APPEAR WE HAVE, UM, ENOUGH TONIGHT TO VOTE ON.

WELL, UM, WE'LL SEE WHAT HAPPENS.

YEAH.

THE BIRDS.

YEAH, MAYBE ALL THE TREES.

THANK YOU.

ANYONE ELSE FROM THE PUBLIC BEFORE WE, UM, CLOSE THE HEARING FOR THIS EVENING? HI.

HI.

UM, I'M ZURI, UH, AT 4 3 3 WAR BURTON.

UM, SO, YOU KNOW, IT WAS GREAT KIND OF HEARING ALL THIS.

UH, I THINK JUST SOME CONCERNS THAT, UM, THAT WE'VE HAD, UM, CERTAINLY THE, THE PEST AND CONTINUE THE ONGOING KIND OF, UH, PEST, UM, CONCERNS, UM, AND, AND REALLY ADDRESSING THAT.

UM, WHICH IT SOUNDS LIKE THERE'S SOME THINGS, BUT AS THAT CONTINUES, LIKE DEFINITELY THE COCKROACHES AND, AND JUST THOSE OTHER THINGS AS WELL.

UM, AND THEN ALSO JUST WHATEVER THE, UM, JUST COMMUNICATION PLAN MIGHT BE AROUND.

I KNOW THIS IS, IT'S BUILDING, IT'S GOING TO BE LOUD AND, AND KIND OF THINGS, BUT A LOT OF US KIND OF WORK FROM HOME.

SO JUST HAVING, UM, SOME SORT OF SENSE OF, OF WHAT THE SCHEDULE IS, UM, IN GENERAL WOULD JUST BE, WOULD BE GREAT TO KNOW AND TO BE KIND OF COMMUNICATED.

UM, JUST SO THAT WE CAN ALL BE AWARE AND, AND PLAN ACCORDINGLY, UM, WOULD BE GREAT.

AND WE ALL WAIT WITH BATED BREATH TO HEAR MORE ABOUT THE FULL PLAN, UM, AND HOW THAT IS ALL GOING TO COME TOGETHER.

ESPECIALLY RIDGE STREET STREET.

I'M TRYING TO REMEMBER WHERE THAT WELL, THAT THAT'S THE, THAT'S THE, YEAH, THAT'S THE STREET IN THE BACK, WHICH I'M SURE YOU KNOW VERY, VERY WELL.

MA'AM, CAN I MAKE A SUGGESTION? CAN YOU GIVE, UH, YOUR EMAIL TO, UH, PATTY AND, AND ANY OF YOUR NEIGHBORS WHO ARE IN YOUR BUILDING SO THAT THERE'S A CHAIN OF C COMMUNICATION? YES.

YEAH.

YES.

WE'VE ACTUALLY ALSO ASKED IF WE COULD HAVE A MEETING WITH PEOPLE WHO ARE INTERESTED IN THAT.

AND WE WOULD HOST THE MEETING JUST TO GET PEOPLE TOGETHER AND TALK.

I'VE GIVEN MY NAME A NUMBER TO A BUNCH OF PEOPLE, BUT NOBODY'S ASKED TO MEET WITH ME.

I'M FEELING VERY LONELY.

OH, YOU FOUND THE RIGHT PERSON.

YEAH, .

ALL RIGHT.

SO, GREAT.

THANK YOU.

WE WILL SEE YOU NEXT MONTH, .

THANK YOU MUCH.

OKAY.

[V. DISCUSSION ITEMS]

ALL RIGHT.

SO MOVING ON.

WE HAVE, UM, TWO OTHER ITEMS THIS EVENING.

WE HAVE A REQUEST FOR TWO 90 DAY EXTENSIONS OF PREVIOUSLY APPROVED SUBDIVISION APPLICATION OF MORGAN FLE AND MARGARET LAVENDER FOR THE PREVIOUSLY APPROVED LOT LINE ADJUSTMENT AT THEIR PROPERTIES AT 1 0 1 AND ONE 11 SCENIC DRIVE.

THAT PROPERTIES ARE IN THE R 10 ZONING DISTRICT AND IS KNOWN AS FOUR POINT 20 DASH 15 DASH THREE AND FOUR POINT 20 DASH 15 DASH FOUR L THREE ON THE TOWN OF GREENBURG TAX MAP.

SO WOULD THE APPLICANT LIKE TO PROVIDE AN UPDATE IF THERE IS ANY , GOOD EVENING MORGAN FLY CITY 1 0 1 SCENIC DRIVE.

UM, THERE'S NO CHANGE TO TO ANYTHING THAT WE'VE REQUESTED BEFORE.

WE'RE JUST ASKING FOR AN EXTENSION.

OUR SURVEYOR, UH, HAS BEEN, UH, FOCUSED ON, UM, OTHER PROJECTS AND HE DID ACTUALLY GET ME, UM, THE SUBDIVISION DRAWING ABOUT TWO WEEKS AGO, BUT IT STILL HAS AN INCORRECT LOT AND BLOCK NUMBER ON IT.

SO I ASKED HIM TO CORRECT THAT BEFORE.

I'D LIKE TO SUBMIT IT TO THE, TO THE VILLAGE ATTORNEY AND TO THE VILLAGE PLANNER, JUST TO, TO LOOK AT IT AND MAKE SURE THAT IT'S CORRECT BEFORE I HAVE 'EM PRINTED ON A MYLAR AND THEN WE'LL GET THE SIGNATURES.

THAT'S ALL WE'RE ASKING FOR.

OKAY.

I GONNA SAY I, DOES ANYBODY HAVE ANY QUESTIONS OR COMMENTS? I DOUBT IT.

SO MOVED.

OKAY.

DO I HAVE A MOTION TO SECOND, ADD

[01:10:01]

TWO 90 DAY EXTENSIONS OF THE FINAL SUBDIVISION APPROVAL? SO MOVED.

SECOND.

OKAY.

ALL IN FAVOR? AYE.

AYE.

AYE.

THANK YOU SO MUCH.

APPROVED.

GOOD.

UM, NEXT WE HAVE A REQUEST FOR TWO 90 DAY EXTENSIONS OF FINAL SUBDIVISION APPROVAL APPLICATION OF GRAHAM WYNDHAM ELECTRIC OWL HOLDINGS LLC CONTRACT, THEN D FOR THE CREATION OF A MULTIMEDIA PRODUCTION STUDIO LOCATED AT ONE SOUTH BROADWAY.

SAID PROPERTIES IN THE MPSO OVERLAY ZONING DISTRICT AND IS KNOWN AS SBL 4.1 30 DASH 1 39 DASH 1.1 LLY ON THE TOWN OF GREENBURG TAX MAX.

AND, UM, WE PREVIOUSLY GRANTED EXTENSIONS OF THE FINAL SUBDIVISION APPROVAL WITH THE APPLICATION APPLICANT.

I'D LIKE TO PROVIDE AN UPDATE.

OF COURSE.

UH, GOOD EVENING CHAIR AND MEMBERS OF THE PLANNING BOARD.

MY NAME IS JESSICA ZALEN.

I'M AN ATTORNEY WITH THE LAW FIRM OF CUDI AND FADER HERE TONIGHT.

APPEARING ON BEHALF OF GRAHAM, WYNDHAM AND ELECTRIC OWL HOLDINGS.

UM, WE ARE HERE REQUESTING THE TWO ADDITIONAL, UH, 90 DAY EXTENSIONS OF THE FINAL SUBDIVISION APPROVAL.

UM, WE'RE JUST WORKING TOWARDS GETTING THOSE FINAL CONDITIONS ADDRESSED SO THAT WE CAN HAVE, UH, ALL THE APPROPRIATE DEPARTMENTS SIGN OFF ON THE FINAL SITE PLAN.

RIGHT NOW.

UH, VEIA HAD ISSUED, WILL SERVE LETTERS.

THE DEPARTMENT OF HEALTH CAME BACK WITH SOME COMMENTS.

UM, VEIA IS ISSUING REVISED, WILL SERVE LETTERS AT THE MOMENT TO ADDRESS THE DEPARTMENT OF HEALTH'S COMMENTS, UM, WHICH WE EXPECT TO GET WITHIN THE NEXT FEW WEEKS.

WE CAN THEN SUBMIT TO THE DEPARTMENT OF HEALTH AGAIN FOR THEIR FINAL SIGN OFF, AND THEN HOPEFULLY GET THIS OVER TO BE FILED, UH, WITH THE, WITH THE COUNTY, WITH THE CLERK.

SO, DOES ANYBODY HAVE QUESTIONS? YOU'RE SAYING THE DEPARTMENT OF HEALTH IS SLOWING THINGS DOWN? I WOULD NEVER SUGGEST IS SHOCKING.

THAT'S SHOCKING.

.

SHOCKING.

DO I HAVE A MOTION TO GRANT TWO ADDITIONAL 90 DAY EXTENSIONS OF THE FINAL SUBDIVISION APPROVAL, WHICH WOULD EXTEND IT TO SEPTEMBER 9TH, 2026.

SO MOVED.

SECOND? SECOND.

SECONDED.

ALL IN FAVOR? A AYE.

OKAY.

THANK YOU EVERYONE FOR YOUR TIME.

YOU ALRIGHT? SO WE DON'T HAVE ANY OTHER MATTERS ON THE AGENDA FOR TONIGHT.

OUR NEXT MEETING IS APRIL 16TH.

OKAY.

UM, DO I HAVE A MOTION TO ADJOURN? SO MOVE? YES, YOU SECOND IT.

SECOND PATRICK.

ALL IN FAVOR? AYE.